Mar 08, 2022 City Council

[Call to Order, Invocation, and Pledge of Allegiance.]

[00:00:06]

>> GOOD AFTERNOON. IT IS 6 P.M., TUESDAY, MARCH 8TH, I CALL THE SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER. COUNCILPERSON COFFMAN WILL LEAD

THE PRAYER. >> FATHER, WE COME BEFORE YOU TONIGHT TO DO THE BUSINESS OF THE CITY.

WE REFLECT YOUR WILL, THAT YOU HAVE FOR YOUR COMMUNITY.

THANK YOU FOR THE HONOR THAT IT IS TO LEAD AND TO LIVE AND TO WORK AND TO PLAY IN THIS AWESOME CITY.

THAT WE SO LOVE. WE PRAY TONIGHT WOULD BE A TONIGHT THAT HONORS YOU, OUR FIRST RESPONDERS ARE SAFE AND SOUND. WE GIVE THIS MEETING TO YOU, IN JESUS NAME WE PRAY, AMEN.

>> AGENDA ITEM 2022-098 CITIZENS TO BE HEARD,

[CONSENT AGENDA]

CONSENT AGENDA. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. DO WE HAVE A MOTION.

>> APPROVE, SECOND. >> APPROVED, SECONDED, PLEASE VOTE. THE CONSENT AGENDA IS APPROVED 7-0. PUBLIC HEARINGS, FIRST E ITEM,

[2022-103]

>> THANK YOU. IN ACCORDANCE WITH 2.04, MAJORITY OF THE USES REQUEST A DRIVE-THROUGH SERVICE DOES REQUIRE SPECIFIC USE PERMIT. THE APPLICANT -- THE PROPERTY LOCATED AT 761 EAST MAINE STREET, DIRECTLY EAST OF O'RILEY'S AUTOMOTIVE IS REQUEST A DRIVE-THROUGH SERVICE.

A COFFEE SHOP. THE USE ITSELF FOR A COFFEE SHOP IS PERMITTED BY RIGHT. THAT STRUCTURE WILL BE LESS THAN ONE THOUSAND SQUARE FEET IN S SIZE.

WE WENT THROUGH THE PROCESS WITH THE APPLICANT.

AS YOU CAN SEE THIS LAYOUT OF THE SITE PLAN, ONE THING THAT WE WERE QUESTIONING, PLANNING & ZONING COMMISSION, WHAT WE ASKED THEM AND MULTIPLE ITERATIONS, LIKE O'REILLY'S ABUTS THE DEVELOPMENT. THERE IS NO DIRECT ACCESS FROM O'REILLY'S, THEY WOULD NOT GRANT AN EASEMENT.

I WANTED TO MAKE SURE THAT WAS UP FRONT.

WE WENT THROUGH DUE DILIGENCE, THEY CANNOT OBTAIN A CROSS ACCESS EASEMENT FROM O'RILEY'S AUTOMATETIVE.

WITH THE DEVELOPMENT, THE UNDEVELOPED LAND TO THE EAST, WE ARE REQUIRING THEM TO DO CROSS ACCESS EASEMENT.

THIS WILL HELP ELIMINATE DRIVES ON TO MA MAIN STREET AND ALLOW R BETTER INGR INGRESS, EGRESS. ONE THING WE REALLY FOCUSED ON WAS THE DRIVE-THROUGH PATTERN. THIS BUILDING, UNLIKE WHITE RHION OR STARBUCKS WILL HAVE NO CUSTOMER WILL HAVE THE ABILITY

[00:05:01]

IT IS 100 PERCENT DRIVE-THROUGH. WITH THAT, WE REQUIRED THEM TO INCREASED DRIVE-THROUGH CUE. WE DID GO AHEAD AND WORK ON THIS PARKING RIGHT HERE. AS YOU SEE, THESE ARE THE CONCERNS. ONLY PARKING IS FOR EMPLOYEE PARKING. SO THE ONLY ON SITE PARKING IS FOR EMPLOYEES. KNOWING ABOUT THE DRIVE-THROUGH ARRANGEMENTS WE HAVE WITH THE CITY OF MIDLOTHIAN, WORKING ON THE EXTENDED CUES, WE HAVE A SECOND LANE WAS PUT IN AND A THIRD EMERGENCY/EXIT LANE WAS PUT IN FOR CARS TO EITHER DRIVE AROUND THE DRIVE-THROUGH OR TO ALLOW THEM TO EXIT THE DRIVE-THROUGH LANES AND LEAVE THE PRO PROPERTY.

IF THEY DECIDE THEY NO LONGER WANT TO ORDER.

SO THAT WAS ONE THING WE DID WORK ON.

SOME OTHER ITEMS THAT WE WORKED ON WAS HEAVILY LANDSCAPING THIS, TO SOFTEN THE APPROACH TO KNOW MAIN STREET, BEAUTIFY ALL BUILDINGS THAT COME ALONG MAIN STREET.

ADDING THE REQUIRED SIDEWALKS, TRYING TO MAKE IT MORE ACCESSIBILITY THROUGH THE DEVELOPMENT.

AS WE WENT THROUGH WITH THEM, SUCH SMALL STRUCTURE, THEY DO MEET ARTICULATION REQUIREMENTS OF THE STRUCTURE.

THEY ARE USING -- TO KEEP IN MIND, HB2347 DOESN'T ALLOW US TO REGULATE MATERIALS. THEY PLAN TO USE METAL CAN POP CANOPYAWNINGS, DECORATIVE CORNI. MEETING ARCHITECTURAL REQUIREMENTS AND ELEMENTS. SIGN REGULATIONS, THEY ARE MEETING THE SECTION, OUR SIGN REGULATIONS FOR THIS DEVELOPMENT. ONE THING WE HAD THEM ALSO DO THIS, ASSURE THAT THIS INGRESS/EGRESS POINT LINES UP WITH THE DRIVE DIRECTLY ACROSS FROM MAIN STREET.

WE DID NOTIFY ALL PROPERTY OWNERS WITHIN 200 FEET.

ZERO IN FAVOR, ZERO IN OPPOSITION.

STAFF DOES RECOMMEND APPROVAL. I CAN ANSWER ANY QUESTIONS AT THIS TIME. THANK YOU.

>> TRENTON, THE EASIEST QUESTION IS THE MOST OBVIOUS.

JUST BECAUSE O'RILEY MAY NOT HAVE THAT AGREEMENT, WHY NOT GET THE AGREEMENT, GET IT FIGURED OUT SO WE CAN CROSS OVER LIKE

THAT? >> THEY TALKED TO THEM.

I BELIEVE THE APPLICANT IS HERE. >> I MEAN, JUST FOR -- WHY ARE WE NOT SAYING O'RILEY, WE ARE CROSSING HERE.

>> LEGALLY WE HAVE TO HAVE EASEMENT.

NO EASEMENT AT ALL THAT EXISTS. THEY WOULDN'T GIVE ONE.

O'RILEY'S WOULDN'T GIVE ONE WHEN THEY WERE APPROACHED.

>> THEY MADE THE CUT-OUT. PUT THE CURBS IN.

THEY CUT THE CONCRETE TO MAKE IT FOR EASEMENT ACCESS.

WHEN WE PUT THE FENCE UP OVER HERE, WHEN SOMEBODY PUT A FENCE UP BETWEEN TWO PIECES OF PROPERTY, SO THERE'S NO CROSS ACCESS, WE HAD PROBLEMS WITH THAT.

>> [INAUDIBLE]. >> THE FENCE WAS PUT UP, THE ONLY REASON IT WAS TAKEN DOWN WAS BECAUSE IT WAS SOLD.

SO WE COULD NOT REQUIRE THAT FENCE ON THAT PARTICULAR

PROPERTY BE TAKEN DOWN. >> I WILL SAY THAT THE OWNER AND THE APPLICANT CONSULTANT, THEY HAVE STATED, THEY CAN GET ACCESS TO IT AT A LATER TIME, THEY WILL ADD THE CROSS CONNECTIVITY TO IT. THEY ARE NOT OPPOSED TO THAT.

RIGHT NOW, THEY HAVEN'T BEEN ABLE TO THROUGH THE DUE

DILIGENCE. >> WHO WITH O'RILEY WHO FAILED

TO RETURN -- >> I WILL TURN THAT OVER TO THE APPLICANT. THERE'S MULTIPLE LAYERS SINCE IT

IS A CORPORATION. >> THE CITY NEVER ATTEMPTED TO

CONTACT O'RILEY. >> THE PROCESS IS THE PRIVATE DEVELOPER IS REQUIRED TO GO THROUGH THE DUE PROCESS.

>> I HAVE AN EASY QUESTION. I PROMISE.

SO BECAUSE OF THE LACK OF CROSS ACCESS EASEMENT, YOU HAVE ONE ENTRY AND EXIT POINT TO THE PROPERTY, AND THEN THE WAY THEY HAVE THE PARKING IS RIGHT UP AGAINST THE BUILDING AND YOU SAID IT IS A NINE-CAR QUEUE. HOW WOK BAC WOULD YOU BACK OUT F PARKING SPACES. THIS FEELS VERY MUCH LIKE 67 AND STARBUCKS. BY THE CHASE BANK, IT IS TIGHT QUARTERS. NOT A WHOLE LOT OF IN AND OUT.

THEY ONLY HAVE THE ONE IN AND OUT.

YOU COULD GO UP BY CHASE'S ATM, GO UP BY THE TACO JOINT.

YOU START BACKING CARS OUT OF THAT, NOW YOU ARE MESSING WITH QUEUING ON THE DRIVE-THROUGH THAT'S -- WE'RE GOOD WITH THAT?

>> WE DID HE CAN PRESS THAT EXPN MANY TIMES.

[00:10:01]

YOU CAN'T GO UP AND ORDER AT THE WINDOW WITHOUT A VEHICLE.

ALSO, ON HERE, THAT STARBUCKS DOES NOT HAVE, IS THE EXIT LANE, PROVIDE OTHER MEANS FOR TRAFFIC TO BE ABLE TO GET AROUND TO PROVIDE BETTER CONNECTIVITY, FLOW FOR THE DEVELOPMENT.

>> THANK YOU. >> SO THE STORY IS NOT OPEN TO THE PUBLIC EXCEPT FOR THE DRIVE-THROUGH.

>> 100 PERCENT DRIVE-THROUGH. >> THE QUEUE, SHOW ME WHERE IT

STARTS AND WHERE IT ENDS. >> THE NINE-CAR QUEUE STARTS HERE. IT GOES ALL THE WAY -- ANTICIPATED STOPPING. THE SECOND QUEUE -- THE FIRST QUEUE STARTS RIGHT HERE. THAT'S THE ANTICIPATED LOCATION.

I'M SURE IT CAN BLEED OUT FURTHER ON.

THE SECOND LANE STARTS RIGHT HERE WHERE THEY MERGE INTO ONE.

SO THEY REALLY HAVE NINE -- ABOUT 17 CAR QUEUE IF YOU ADD

BOTH LANES TOGETHER. >> BUT YOUR QUEUE ENDS BEFORE

THE PARKING PLACES. >> CORRECT.

>> NOBODY IS WALKING UP, GETTING ANYTHING OUT OF THE INSIDE.

YOU CAN HAVE THE QUEUE ALL THE WAY TO THE FIRST HANDICAPPED

PARKING SPOT. >> CORRECT.

>> I WILL HAVE QUEUING QUESTIONS FOR THE APPLICANT.

>> I WILL GO BACK, YOU SAID THE APPLICANT WAS OPENING TO MAKING THE CONNECTION IF O'RILEY'S EVER WORKED THAT OUT.

ON HERE IT SHOWS A DETENTION POND.

THEY WILL FILL THAT IN? >> THIS IS FLEXIBLE ON THE SIZE.

THEY OVERSIZED IT. THEY WILL DETERMINE THE ACTUAL SIZE, IT CAN BE SHIFTED NORTH. THAT WAS ONE THING WE DID APPROACH THEM ON. THEY WOULD BE -- HOW IT IS DRAWN HERE, THEY HAVE WANTED TO SHOW IT SOMEWHERE.

>> I HAVE A QUICK COMMENT, I GUESS, FOR THE COUNCIL TO CONSIDER. I WILL BE REAL CAREFUL HOW I WORD THIS. BUT WE DON'T MAKE DECISIONS NECESSARILY ON WHO IS GOING TO HAVE THE BUILDING.

WE MAKE DECISIONS ON THE CONSTRUCTION OR THE BUILDING, THE FACILITIES THEMSELVES. THIS IS A REALLY SMALL BUILDING.

THIS IS A COFFEE C KIOSK. YOU GET TO BUILD IN THE CITY ONE TIME. WHEN BUSINESSES COME IN, GO OUT, LARGER FACILITIES ARE MORE FLEXIBLE.

AND SO THIS IS A COFFEE KIOSK. SO IT IS VERY LIMITED.

I'M SURE IT WILL BE EXTREMELY SUCCESSFUL.

IN THE CASE IT WEREN'T, THEN WE CAN SELL THAT BUILDING, WHAT ELSE CAN IT BE? THERE'S NOT A WHOLE LOT OF FLEXIBILITY THERE. I HAVE CONCERNS AROUND THE SQUARE FOOTAGE OF BEING 664 SQUARE FOOT.

>> DO WE HAVE A NICE ICE MACHINE?

>> WE DO. >> COUNCIL, KEEP IN MIND, WE DID INCLUDE IN THE SUP, FOR ANY REASON IF THE USE, THIS COFFEE USE CEASES FOR A PERIOD OF TIME, THE SUP AUTOMATICALLY IS

TERMINATED. >> ISN'T THAT NORMAL FOR SUPS?

>> WE DON'T DO IT IN ALL OF THEM.

>> SIX MONTHS NONUSE, SOMETHING LIKE THAT?

>> USUALLY SIX MONTHS. >> IF THERE ARE MORE MORE QUESTIONS AT THIS POINT, WOULD THE APPLICANT PLEASE COME UP.

AND YOU WILL GIVE US YOUR NAME AND EITHER WHERE YOU LIVE OR WHO

YOU ARE WITH. >> SURE.

MATT LOMEKER WITH -- WE WILL BE A FRANCHISEE.

WE ARE DOING A FRANCHISE AGREEMENT WITH SCOOTERS COFFEE.

IT IS INDEPENDENTLY OWNED FROM THE CORPORATE SCOOTERS.

WE ARE FROM SMALL TOWN IN NEBRASKA CURRENTS CURRENTLY.

OUR BUSINESS PARTNER HAS FAMILY IN THE DFW AREA AS WELL.

>> COUNCIL, DO YOU HAVE QUESTIONS BEFORE I START MINE?

>> CURIOSITY, WHO IS CORPORATE FROM O O'RILEY'S DID YOU ATTEMPT

TO CONTACT? >> I DON'T HAVE THAT RIGHT OFF THE TOP OF MY HEAD. I KNOW WE WENT THROUGH AND WENT THROUGH THEIR LEGAL COUNSEL. THEY CAME BACK IN WRITING DENIED

OUR REQUEST. >> DID THEY GIVE A REASON?

>> THEY DIDN'T LIKE THE IDEA OF HAVING TRAFFIC GOING THROUGH THEIR PARKING LOT AND POTENTIALLY CAUSING A SAFETY ISSUE WITH PEOPLE BACKING IN AND OUT OF THE PARKING STALLS.

>> OKAY, THANK YOU, SIR. >> RELATIVE TO THE QUEUE AND YOUR BUSINESS PEAK TIMES, FIRST OFF, WHAT WILL YOU BASE YOUR

[00:15:04]

TO BE? >> 6 A.M. TO 9 A.M.

>> OKAY. IN THE EVENING OR JUST --

>> WE ARE WORKING ON DOING AFTERNOON DAY PARTS AS WELL.

SO WE ARE LOOKING AT TARGETING THE 2:30 TO 5:30 P.M. AS WELL.

IT IS NOT AS BUSY RIGHT NOW BUT ADDING SOME ITEMS TO THE MENU THAT SHOULD BRING UP TRAFFIC DURING THOSE PERIODS AS WELL.

>> SO THE PEAK COMES FROM CORPORATE BUSINESS MODEL?

>> CORRECT, YEP. THEY HAVE A FRANCHISE AGREEMENT WHICH LAYS OUT WHAT THE PEAK TIMES ARE AND ALSO THE TRAFFIC

DURING THOSE PEAK TIMES. >> WHAT'S YOUR PEAK ARRIVAL RATE DURING THOSE HOURS? HOW MANY CARS DO YOU EXPECT?

>> 60 AN HOUR. >> 60 AN HOUR.

AND YOUR SERVICE TIMES? >> WE DO 30 SECONDS FROM THE MENU -- 30 SECONDS FROM THE MENU BOX TO THE WINDOW.

THE SCOOTERS, THEIR BUSINESS MODEL IS BASED AROUND SPEED.

SO DRIVE-THROUGH ONLY SPEED, FAST AND FRIENDLY THROUGH A DRIVE-THROUGH WINDOW IS THERE -- THEIR ENTIRE ENGINE, AS YOU CALL

IT, IS MEANT FOR SPEED. >> I DON'T KNOW IF THIS IS AN UNFAIR QUESTION, WHAT MAKES YOU DIFFERENT FROM THE OTHER COFFEE

PLACES IN TOWN? >> I WOULD SAY IT IS THE SPEED.

WE CAN TAKE TEN CARS THROUGH IN A QUEUE IN A MATTER OF FIVE MINUTES VERSUS SOMETIMES YOU WILL SIT -- YOU GET IN LINE, THREE PEOPLE AT STARBUCKS, YOU COULD BE SITTING THERE FOR

FIFTEEN MINUTES. >> DO YOU HAVE A FULL PRODUCT

RANGE? >> YEP.

YEP. COFFEE, SMOOTHIES.

THERE'S ALSO DIFFERENT PRE-MADE FOOD THAT, LIKE BURRITOS AND SANDWICHES, THOSE TYPES OF THINGS.

>> COUNCIL? QUESTIONS?

THANK YOU. >> THANKS FOR YOUR TIME.

>> DO WE HAVE A MOTION TO CLOSE. >> MOVE TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> MOTION TO CLOSE, SECONDED, PLEASE VOTE.

CLOSED 7-0. DISCUSSION OR COUNCIL OR DO WE

HAVE A MOTION? >> I JUST -- MY ONLY COMMENT WOULD BE IN AGREEMENT WITH JUSTIN.

ONE OF THE MAIN REASONS WE ARE HERE IS FOR LAND USE.

I DON'T HAVE A PROBLEM WITH THE TYPE OF BUSINESS.

IT IS MORE FUTURE USE FOR THIS SITE.

I DON'T KNOW IF THIS IS THE HIGHEST AND BEST USE AS FAR AS SQUARE FOOTAGE OF THE BUILDING FOR REDEVELOPMENT LATER.

THAT'S MY TWO CENTS. >> I CONCUR WITH CLARK.

>> REDEVELOPMENT LATER, BULLDOZER TAKES CARE OF THAT IN FIVE MINUTES. IT IS ONLY 600 SQUARE FEET.

I HAVE APARTMENTS BIGGER THAN THAT.

>> THAT'S TRUE. >> ONLY THING I HAD CONCERNS ABOUT WAS CROSS ACCESS AND THIS IS WATER RETENTION POND, DRIVE-THROUGH, SIZE OF THE LOCATION, NOT SO MUCH A PROBLEM.

IT IS THE ACCESS THAT NEEDS TO HAPPEN.

>> SOMEBODY CARE TO VENTURE A MOTION, PLEASE.

>> I MAKE A MOTION FOR DENIAL. >> WE HAVE A MOTION DENIAL.

DO WE HAVE A SECOND? >> I WILL SECOND.

>> SO IF YOU VOTE, POSITIVE VOTE, THE REQUESTS TO DENY PASSES. SO PLEASE CAST YOUR VOTE.

SO 5-2 PASSES, SO THE REQUEST IS DENIED.

>> WE HAVE A SPILL. >> WE HAVE DR. PEPPER DOWN.

[2022-104]

>> ITEM 2022-104 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING +7.084 ACRES WITHIN PLANNED DEVELOPMENT DISTRICT NO.

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

[00:20:02]

COMMUNITY RETAIL LOTS. >> TREPT.

>> THANK YOU, THIS CASE IS A LITTLE BIT DIFFERENT.

THE APPLICANT IS THE CITY OF MIDLOTHIAN.

AS THE CITY OF MIDLOTHIAN HAS BEEN GOING THROUGH THE PROCESS OF OBTAINING RIGHT-OF-WAY ALONG WALNUT GROVE ROAD FOR OUR PROJECT, ONE OF THE PROPERTIES THAT WE HAD -- WHAT WE DID APPROACH WAS PLANNED DEVELOPMENT DISTRICT NO. 127.

WITH PD NO. 127 ALONG THE FRONTAGE ROAD, ALONG SOUTH WALNUT GROVE ROAD, THE PORTION THAT ABUTS IT, BY US OBTAINING THE RIGHT-OF-WAY, IT WOULD DECREASE A PORTION OF THEIR NONRESIDENTIAL COMMUNITY RETAIL TRACTS OF LAND.

WITH THAT, IT WOULD REQUIRE THEM TO DECREASE THEIR SETBACKS AND REQUIRE ALL THE PARKING BE LOCATED IN THE REAR OF THE BUILDINGS. STAFF DOES RECOMMEND APPROVAL, THAT THIS AMENDMENT TO PD127 BE APPROVED.

CHANGING THE SETBACKS IN THE FRONT FROM 25 FEET TO FIVE FEET, SO THE PARKING, INSTEAD OF BEING LOCATED IN THE FRONT, WOULD BE LOCATED IN THE REAR OF THE BUILDING.

ONCE AGAIN, STAFF DOES RECOMMEND APPROVAL.

WE DID CONTACT ALL THE PROPERTY OWNERS IN 200 FEET.

ZERO CAME IN IN FAVOR, ZERO IN OPPOSITION.

I CAN ANSWER ANY QUESTIONS. >> HOW CLOSE TO THE PAVEMENT

WILL THE BUILDING BE? >> HOW CLOSE TO THE PAVEMENT

WILL THE BUILDING BE? >> THE FRONT YARD SETBACK

REDUCED FROM 25 FEET TO 5 FEET. >> THERE WILL BE ABOUT FOURTEEN BETWEEN BACK OF CURB TO WHERE THE RIGHT-OF-WAY WOULD BE, THE PARKWAY. THEN YOU HAVE THE FIVE-FOOT

SETBACK. >> I CAN SEE CARS GOING OFF THE

ROAD. >> IT SHOULD BE ABOUT FIVE FEET FROM WHERE THE SIDEWALK IS GOING TO BE, YES, SIR.

>> THANK YOU. >> I HAVE A QUESTION.

ISN'T THERE A HOUSE RIGHT IN HERE?

>> NO. IF THERE IS, IT IS OWNED BY THIS DEVELOPER. THE PROPERTY OWNER'S

REPRESENTATIVE IS CHIP BOYD. >> OKAY.

ALL RIGHT. >> I WILL MOVE TO -- RIGHT NOW, CURRENT CONSTRUCTION GOING ON RIGHT HERE, SINGLE FAMILY RESIDENTIAL HOMES. THEY ARE DOING ALL THE CIVIL

WORK RIGHT NOW. >> ARE THERE QUESTIONS?

DO WE HAVE A MOTION TO CLOSE? >> MOTION TO CLOSE PUBLIC

HEARING. >> SECOND.

>> MOTION TO CLOSE SECONDED, PLEASE VOTE TO CLOSE.

CLOSED 7-0. DISCUSSION, COUNCIL?

MAKE A MOTION. >> MOVE TO APPROVE.

>> SECOND. >> MOTION APPROVED. SECONDED. PLEASE VOTE. ITEM PASSES 7-0.

>> THANK YOU. >> THANK YOU, TRENTON.

[2022-105]

WEST AVENUE E. >> THANK YOU, MAYOR.

THE PROPERTY IS LOCATED JUST NORTH OF CITY HALL.

AND HAS OPERATED AS A TIRE REPAIR SHOP AND AN INSPECTION STATION FOR MANY YEARS, ACTUALLY.

THE AREA HAS A COMMERCIAL DESIGNATION AS SHOWN UP HERE ON THE SLIDE. IT IS ADJACENT TO OUR CENTRAL BUSINESS DISTRICT AND AS WELL AS THE NORTH EIGHTH STREET DISTRICT AS WELL. THE APPLICANT IS ASKING TO REZONE TO A PD4 MINOR VEHICLE REPAIRS.

BUT THE USES WOULD BE LIMITED TO OIL CHANGES, TIRE REPAIRS AND STATE INSPECTIONS. ON THE SCREEN IS A GENERAL LAYOUT OF THE SITE. SO IN JUNE OF 2020, THE CITY DID ADOPT A DOWNTOWN MASTER PLAN. DO YOU KNOW TOWN PLAN IS A GUIDE FOR DECISION MAKING. DECISION MAKING PURPOSES WHEN DEALING WITH ANY TYPE OF REDEVELOPMENT OR NEW USES THAT ARE COMING INTO OUR DOWNTOWN AREA.

IN THIS PARTICULAR AREA, OUR PLAN DOES CALL FOR AND ENCOURAGES MORE ENTERTAINMENT, MORE RETAIL, MORE RESTAURANT-TYPE USES WITH PEDESTRIAN FRIENDLY STREET SCAPES. THE LOT, THE BUILDING, AND THE CURRENT USE ARE ALL LEGAL BUT THIS IS CONSIDERED NONCONFORMING. SO THEY CAN CONTINUE TO OPERATE AS IS, AS EVERYTHING SHOWN THERE ON THE GROUND RIGHT NOW.

[00:25:03]

I WANT TO MAKE SURE THAT THAT IS CLEAR.

A SIGN WAS PAINTED ON THE WEST SIDE OF THE BUILDING.

THIS DOES NOT ADHERE TO OUR CURRENT REGULATIONS.

CURRENTLY THE APPLICANT IS DISPLAYING TIRES ON THE EXTERIOR SIDE. THEY DO STORE TIRES ON THE REAR SIDE AS WELL. OUTDOOR DISPLAY AND STORAGE TECHNICALLY IS PROHIBITED WITHIN A COMMERCIAL DISTRICT.

IF THIS REZONING IS APPROVED, STAFF WOULD RECOMMEND MATERIALS AND MERCHANDISE NOT BE STORED OUTSIDE.

MOST OF THE PROPERTY IS UNIMPROVED AND CONTAINS GRAVEL MATERIAL, AS YOU CAN SEE UP HERE ON THE SCREEN.

THE APPLICANT WOULD LIKE TO LEAVE THE QUEUING AND PARKING AREAS AS-IS, AS WELL. WE DID SEND OUT 13 LETTERS TO PROPERTY OWNERS 200 FEET, WE HAVE NOT RECEIVED ANY WRITTEN RESPONSES FROM PROPERTY OWNERS. SINCE THIS PROPOSAL IS NOT CONSISTENT WITH THE VISION OF THE DOWNTOWN PLAN, STAFF DOES RECOMMEND DENIAL. ON FEBRUARY 15TH, THE PLANNING & ZONING COMMISSION ALSO RECOMMENDED DENIAL, 5-1.

HOWEVER, IF THE REQUEST IS APPROVED BY COUNCIL, STAFF WOULD RECOMMEND THAT WE DENY ANY SIGNAGE THAT DOES NOT SECTION AND THE PARKING AREA BE IMPROVED WITH CONCRETE.

I CAN TAKE ANY QUESTIONS YOU HAVE.

>> FIRST QUESTION I HAVE IS THE LAST TIME THIS CAME TO COUNCIL, ALL THESE VIOLATIONS WERE PRESENT AND YET THEY ARE STILL PRESENT NOW. SO WHAT ARE WE DOING AS A CITY?

>> THAT'S NOT THE AGENDA. >> I KNOW, I JUST WANTED TO SAY IT. THE SIGNS ARE STILL PAINTED ON THE SIDE OF THE BUILDING. THEY DON'T WANT TO IMPROVE ANYTHING. THE BUILDING IS WORSE THAN THE

LAST BUILDING. >> [INAUDIBLE].

>> COMMENTS AND QUESTIONS TO -- >> SO APPROVAL, NOTHING REALLY CHANGES, OTHER THAN BY RIGHT THEY CAN DO IT.

DENIAL, NOTHING REALLY CHANGES EXCEPT THEY CAN STILL DO IT.

>> WELL, IF WE DENY IT, THEY TECHNICALLY THEY DO NEED TO PROBABLY PAINT OVER THIS, GET THE PAINTING OFF OF THE SIDE OF THE BUILDING. IT DOESN'T ADHERE TO OUR SIGNAGE

REQUIREMENTS. >> BUT AS FAR AS USES, THEY CAN

DO THE TIRES, OIL CHANGES. >> WELL, THEY WOULD ONLY BE LIMITED TO TIRE REPAIR, TIRE SALES AND STATE INSPECTIONS.

THEY COULD NOT DO OIL CHANGES. >> THEY DO DESIRE TO DO OIL CHANGES, WHICH IS WHAT PROMPTED THIS?

>> YES, ABSOLUTELY. >> THEY ARE NONCONFORMING BUT

GRANDFATHERED. >> THEY ARE GRANDFATHERED IN

WITH NONCONFORMING. >> WITH TIRES AND STATE INPECKSES. INSPECTIONS.

>> WHAT ABOUT THE TIRE DISPLAYS OUTSIDE?

IS THAT ALLOWED? >> THAT IS NOT ALLOWED.

>> THEY ARE DOING THAT CURRENTLY.

>> WHEN WE ORIGINALLY DID THE SUP, BECAUSE THEY WERE GOING THROUGH THAT SUP PROCESS, IT WAS ALLOWED TO STAY AS IS UNTIL WE GOT THROUGH CITY COUNCIL. THEY DID GET THE DENIAL BUT THEY CAME BACK AND SAID THEY WANTED TO TRY A DIFFERENT AVENUE.

THEY WANTED TO TRY SOMETHING DIFFERENT.

I WILL BE HONEST WITH YOU, SOME THINGS DID FALL BY THE WAYSIDE HERE BECAUSE, HONESTLY, A LOT OF THAT STUFF SHOULD HAVE BEEN REMOVED RIGHT AWAY. BUT KNOWING THEY WERE WANTING --

>> STICKING TO THE AGENDA ITEM. >> MAYOR, THIS IS ON THE AGENDA.

>> BUT THE TIRE DISPLAY, WAS THAT THE NOT A GRANDFATHERED USE. THEY HAD BEEN DOING THAT?

>> [INAUDIBLE]. >> IF THAT'S THE CASE, I DON'T KNOW IF I HAVE ANY TYPE OF PROOF SHOWING THAT TIRE DISPLAY WAS

OUT THERE BEFORE. >> I DON'T THINK WE HAVE ENOUGH INFORMATION SITTING HERE TORCHT. TONIGHT.

IT IS NOT RELEVANT TO THE CASE BEFORE US.

WE DON'T HAVE ENOUGH INFORMATION WHETHER THAT IS A GRANDFATHERED

USE AT THIS POINT IN TIME. >> DEFINITELY THE REPAIR, DEFINITELY FIXING FLATS, DEFINITELY STATE INSPECTIONS.

BUSH ADMIBURKES TIRES, THE OWNE, THEY DID DO THOSE ITEMS.

>> IF WE APPROVE THIS, WHAT CHANGES? THEY WILL BE ABLE TO DO OIL CHANGES BUT THE SIGN STILL ARE

NOT PERMITTED. >> WELL, YOU WOULD HAVE TO APPROVE THAT THROUGH THE PD. SO IF YOU WANT TO ALLOW FOR THE SIGNAGE TO STAY JUST LIKE THIS, YOU WOULD EMBED THAT INTO THE

PD. >> AS PRESENTED, IS THAT IN THE

PD AS PRESENTED? >> IN THE PD, WE ARE ASKING FOR IT TO GO AWAY. SO THE ORDINANCE AND THE WAY THE

[00:30:03]

IS RIGHT NOW. >> WE WOULD -- IF YOU APPROVE THE ORDINANCE, IT WILL ALLOW FOR ADDITIONAL USE OF THE OIL CHANGE. IT WILL NOT PERMIT THAT SIGN.

IF YOU WANT TO ALLOW OIL CHANGE AND THAT SIGN, WE NEED TO ADD TO

THE PD WOULD BE THAT THAT SIGN. >> THE OIL CHANGE WOULD BE NOW

PERMANENT. >> CORRECT, YES, SIR.

>> OTHERWISE THE OTHERS ARE LEGAL NONCONFORMING.

>> SO IN COMPLIANCE WITH THE NONCONFORMING REGULATIONS, RIGHT NOW THEY ARE PERMITTED TO DO THE TIRE, STATE INSPECTION AS A NONCONFORMING USE. IF THAT USE STOPS FOR A PERIOD OF TIME, THEY ARE DONE. IT GOES AWAY.

BY APPROVING THIS PLANNED DEVELOPMENT DISTRICT, WHAT HAPPENS IS THE TIRE REPAIR, THE STATE INSPECTION BECOME PERMITTED BY RIGHT USE. IT IS THERE PERMANENT.

IT RUNS WITH THE LAND. IF IT STOPS FOR SIX MONTHS, IT STAYS WITH THE LAND. IN ADDITION TO THAT, AS MARCOS WAS STATING, THEY WOULD ALSO BE ABLE TO DO OIL CHANGES.

THIS WOULD NO LONGER BE A NONCONFORMING USE, IT WOULD BE

PERMITTED USE. >> IS THE APPLICANT HERE AND DOES THE APPLICANT WISH TO SP SPEAK? COUNCIL DO YOU HAVE ANYTHING ELSE UNDER OPEN?

CAN WE HAVE A MOTION TO CLOSE. >> I MAKE A MOTION TO CLOSE

PUBLIC HEARING. >> MOTION TO CLOSE, SECONDED.

PLEASE VOTE. ITEM IS CLOSED, 7-0.

DISCUSSION AND/OR MOTION. >> MOTION TO DENY.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. THE ITEM IS DENIED 7-0.

[2022-106]

WERELY SURVEY, ABSTRACT NO. 1187, AND THE J.J. GRIMES SURVEY, ABSTRACT NO. 1327 DESCRIBED IN EXHIBIT A-1 HERETO AMENDING AND RESTATING THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 145.

THE PROPERTY IS LOCATED WEST OF LONGBRANCH, AND IS DIRECTLY NORTHWEST OF THE MID-WAY REGIONAL AIRPORT.

TRENTON. >> THANK YOU, APPROXIMATELY SIX OR MORE MONTHS AGO, THE DEVELOPER CAME IN AND REQUESTED REZONE THIS PROPERTY. AS YOU CAN SEE, THIS WHITE LINE FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO.

145 TO ALLOW FOR SINGLE FAMILY RESIDENTIAL USES AND ON THE EASTERN PORTION, TO ALLOW FOR INDUSTRIAL USES.

SINCE THAT -- WELL, AT THAT CITY COUNCIL MEETING, VARIOUS COMMENTS, CONVERSATION ABOUT THE EXTENSION OF HAYS ROAD, HOW WOULD THAT EVER BE EXTENDED. SINCE THAT TIME, THE DEVELOPER HAS REACHED OUT AND THEY ARE UNDER CONTRACT OR I WILL LEAVE THIS TO THE DEVELOPER IF THEY HAVE OBTAINED IT OR NOT, THAT PIECE OF LAND THAT WAS BETWEEN EXISTING HAYS CROSSING AND THEIR PD DIRECTLY TO THE SOUTH. WITH THEIR PROPOSED PLANNED DEVELOPMENT DISTRICT AMENDMENT, WHAT THEY ARE REQUESTING TO DO IS ADD ADDITIONAL SINGLE FAMILY RESIDENTIAL.

CONSISTENT WITH THE RESIDENTIAL TO THE NORTH AND TO THE SOUTH AND TO THE WEST. AND TO EXTEND THE INDUSTRIAL ZONING ON THE EASTERN PORTION OF THE PROPERTY THAT ABUTS THAT THE MIDWAY REGIONAL AIRPORT TO THE NORTHWEST OF IT, EXTEND ALL THAT TO BE INDUSTRIAL. IT WOULD BE CONSISTENT WITH WHAT YOU WANT TO SEE IN THE CORPORATE MODULE.

I WILL STATE THAT SINCE THIS ORIGINALLY CAME TO CITY COUNCIL, WE HAVE MET WITH COUNCIL, MET WITH PLANNING & ZONING COMMISSION AND STAFF HAS DIRECTED IF AN ITEM DOES NOT STRICTLY MEET THE COMPREHENSIVE PLAN, WE ARE REQUIRED TO RECOMMEND DENIAL. THE COMPREHENSIVE PLAN CALLS THIS AS CORPORATE MODULE. OFFICES, LIGHT INDUSTRIAL, MORE OF RE REGIONAL USES YOU SEE AROD AN AIRPORT, INTERCHANGES, ET CETERA. AT THE TIME WHEN THIS IS REZONED, STAFF DID RECOMMEND APPROVAL.

IT MAY SENSE TO REZONE CONSISTENT WITH THE SINGLE

[00:35:01]

AS YOU GO FURTHER DOWN, ZONED INDUSTRIAL.

THAT WOULD COMPLETE HAYS CROSSING WOULD COME DOWN.

THEY WANT TO CONTINUE THAT TREND.

AS YOU WILL SEE ON OUR RECOMMENDATION, BECAUSE OF THE DIRECTION THAT STAFF DID RECEIVE, WE ARE REQUIRED TO RECOMMEND DENIAL. HOWEVER, THROUGHOUT THIS DEVELOPMENT, THERE'S VARIOUS THINGS THAT THEY ARE DOING.

SOME OF THE MAIN ITEMS THAT THEY DID WITH THE SOUTH PORTION, THEY ARE EXTENDING IT TO THE NORTH. THEY ARE USING THE NATURAL LANDSCAPING. THIS IS THE RESIDENTIAL, THIS IS WHERE HAYS CROSSING IS, THEY ARE USING THE NATURAL LANDSCAPING TO USE AS A BUFFERING INSTEAD OF HAVING MASONRY WALL.

THEY ARE ADDING TREES, DECORATIVE METAL FENCES.

THEY ARE USING BERMS. THEY ARE USING SLIP STREETS.

MORE LANDSCAPING OFF OF IT TO EXTEND THAT TO SOFTEN THIS AREA.

AND CREATE A BETTER BUFFER BETWEEN THE INDUSTRIAL AND THE AIRPORT AND THE RESIDENTIAL IN LAGO VISTA AS WELL AS EXISTING RESIDENTIAL TO THE NORTH AND ANY RESIDENTIAL THAT IS UNDER CONSTRUCTION WITH HAYS CROSSING. SOME OF THE OTHER FEATURES THEY ARE EXTENDING THROUGHOUT THIS DEVELOPMENT IS THEY ARE ADDING TRAILS, CONTINUING TO ADD TRAILS THROUGHOUT THE DEVELOPMENT.

WITH THIS PHASE, ADDING SPLASH PARK, ADDING MORE PLAYGROUNDS.

THEY HAVE DEFINITELY -- WE PUSHED THEM, WORKED WITH THEM TO ADD EVEN MORE TRAILS, MORE AMENITIES, AND REALLY TO GO BACK TO WHAT -- IN THE ZONING ORDINANCE, IT CALLS FOR A PLANNED DEVELOPMENT DISTRICT, TO BE CREATIVE, USE THE NATURAL LANDSCAPING, USING THE EXISTING TOPOGRAPHY.

SO YOU DON'T GET YOUR COOKIE CUTTER DEVELOPMENT WITH MASONRY WALL BLOCKING IT OFF. THOSE ARE THE THINGS WE TRY TO USE. ONE OF THE MAJOR ISSUES WITH THIS PROPERTY, AS WE STATED THE FIRST TIME THIS CAME OUT, IT HAS MAJOR DIFFICULTIES WHEN IT COMES TO DEVELOPING.

IT HAS GAS LINES, MAJOR POWER LINES THAT YOU CAN'T BUILD UNDER IT. YOU CAN'T BUILD ON TOP OF IT IN CERTAIN AREAS. SO -- AND WHEN YOU DO CROSS THOSE AREAS, YOU HAVE TO CROSS THEM AT 90-DEGREE.

THERE'S VERY SPECIFIC REGULATIONS AND STANDARDS IN PLACE THAT REALLY PUT HARDSHIP ON DEVELOPMENTS.

WHAT THEY ARE PLANNING TO DO, IS USING THAT SPACE, INSTEAD OF BEING GREEN LIKE IN OTHER DEVELOPMENTS, WE HAVEN'T BEEN ABLE TO UTILIZE THEM, THEY HAVE UTILIZED THIS TO BLEND IN WITH THEIR AMENITIES TO USE THAT OPEN SPACE AS PART OF THEIR AMENITIES. THEY ARE PUTTING TRAILS IN.

THEY WANT TO MAKE THOSE AREAS ACTIVE.

THEY ARE NOT DEAD OPEN SPACES THROUGHOUT THE DEVELOPMENT AND BEING BLOCKED OFF. STAFF DOES RECOMMEND APPROVAL.

WE DID NOTICE ALL PROPERTY OWNERS 200 FEET, ZERO IN FAVOR,

ZERO IN OPPOSITION. >> YOU SAID APPROVAL --

>> I'M SORRY, STAFF RECOMMENDS -- WE SUPPORT THIS DEVELOPMENT BUT BASED OFF THE DIRECTION WE HAVE RECEIVED, WE ARE REQUIRED TO RECOMMEND DENIAL.

THANK YOU. >> DOES THE APPLICANT WISH TO

SPEAK? >> TED WEAVER.

815 WEST MAINE STREET, STERLING DEVELOPMENT CONSULTANTS FOR THE OWNER. THE ONLY THING THAT TRENT SAID THAT I WILL DISAGREE WITH, LUCKILY WE DO NOT HAVE A NATURAL GAS LINE THROUGH THIS PROPERTY. THAT IS TRA WATER LINE, SO IT IS LESS SUSCEPTIBLE TO GO BOOM. EVEN THOUGH I HAVE DEVELOPED MANY PROPERTIES IN MY CAREER WITH NATURAL GAS LINES THROUGH THEM. WE DO HAVE AN ENCORE LINE COMING DOWN AT AN ANGLE AND ACROSS THAT WE ARE USING TO AMENATIZE.

THIS IS GOING TO BE A CUSTOM FEEL, OPEN DEVELOPMENT.

WE ARE LOOKING AT VARIOUS LOT SIZES, VARIOUS HOME SIZES.

BUT THE IDEA IS TO WORK WITH LOCAL CUSTOM BUILDERS TO BE THE BUILDERS OF RECORD HERE. I DON'T HAVE ANYTHING AGAINST THE MAJOR DEVELOPERS BUT FOR THIS PARTICULAR PROPERTY, THE CUSTOM BUL BUILDERS FIT IN BETT. WE HAVE HALF ACRE LOTS.

THE PURPLE LOTS OVER TO THE WEST ARE HALF ACRE LOTS, EVEN THOUGH WE ARE ON WATER AND SEWER. THIS IS USING, I THINK, THE HIGHEST AND BEST USE OF THIS PROPERTY AS THE CITY HAS INVESTED A HUGE INVESTMENT OF RUNNING SEWER RIGHT ALONG THE LAKE THERE. WE DO HAVE A 14-ACRE LAKE THAT

[00:40:01]

THEREFORE, YOU CAN ACTUALLY GO OUT THE THERE AND ENJOY YOURSELN IT. WE PLAN TO OPEN THAT UP TO HOMEOWNERS. DO AMENITIES ALONG THERE.

CREATE A WONDERFUL OPEN SPACE. SOME QUESTIONS CAME UP BEFORE WHEN WE GOT THE ZONING ON THE SOUTHERN 160-ACRE TRACT ABOUT ACCESS. THAT'S ALL BEEN ELIMINATED.

WE DO OWN THE 104 ACRES. IT IS NOT UNDER CONTRACT.

WE WILL BE CROSSING PRETTY LARGE CREEK THERE.

WE HAVE ALREADY BEEN IN DISCUSSION WITH THE ENGINEERS WITH THE CITY ON VERY PRELIMINARY ABOUT WHAT ALL WE HAVE TO DO TO GET FOUR LANES OF HAYS ROAD.

OVER PHASES, WE WILL BE EXTENDING THAT QUITE A WAYS WILL OPEN UP, HOPEFULLY, IT BEING EXTENDED ALL THE WAY DOWN TO AIRPORT BIEWLD AND 287 EVENTUALLY.

WE HAVE 60 ACRES OF OFFICE WAREHOUSE WE CALL IT.

IT CAN BE LIGHT INDUSTRIAL. BUT MORE THAN LIKELY IT IS GOING TO BE LOW-RISE OFFICE WAREHOUSE. THERE IS RESTRICTIONS BASED ON THE AIRPORT OF THE HEIGHT OF THE BUILDINGS WE CAN BUILD.

WE HAVE BEEN IN DISCUSSION WITH THE AIRPORT ALL THE WAY THROUGH THIS PLANNING PROCESS AND WE ARE ACTUALLY IN EARLY DISCUSSIONS WITH THEM ON HOW DO WE DEVELOP, BECAUSE WE HAVE -- MY INVESTMENT GROUP HAS ALSO PICKED UP ANOTHER 25 ACRES, SO ALL THE WAY OVER TO LONG BRANCH. WE HAVE 85 ACRES OF OFFICE WAREHOUSE. HOW DO WE OPEN THIS UP? HOW DO WE MAKE IT A GOOD TAXPAYER FOR THE CITY OF MIDLOTHIAN? HOW DO WE CREATE JOBS.

THAT HAS BEEN STARTED, DISCUSSIONS WITH THE CITY.

IN ON AN EARLY MEETING. WE ARE IN THE EARLY STAGE, BUT TO ME, WHAT WE HAVE, WHAT BRIDGE WATER HAS, WHAT THE SEALS HAVE AGAIN IS A WONDERFUL CANVAS FOR A LOT OF EMPLOYMENT FOR THE CITY OF MIDLOTHIAN THAT WOULD COORDINATE THIS WITH THE AIRPORT. SO I WILL RECAP REAL QUICK.

WE ARE GOING TO DO A CUSTOM PLANNED DEVELOPMENT WITH A LOT OF AMENITIES ON THE RESIDENTIAL. WE WILL DO A FIRST CLASS OFFICE WAREHOUSE DEVELOPMENT ON 85 ACRES.

AND BE GLAD TO ANSWER ANY QUESTIONS AND I WANT TO THANK THE MAYOR AND COUNCIL FOR GIVING ME THE OPPORTUNITY TO SPEAK.

>> QUESTIONS OF THE APPLICANT? >> YEAH, ON YOUR LAKE OUT THERE, THAT'S GREAT. DO YOU HAVE PARKING PLACES WHERE

PEOPLE CAN DRIVE OUT THERE? >> WE HAVE ACCESS TO IT.

WE DON'T WANT A LOT OF PARKING. IT IS REALLY NOT GOING TO BE PUBLIC PARK. I MEAN, IT IS REALLY HOA OWNED AND HOA. I MEAN, WE WILL PUT UP SIGNS, IT IS FOR LAGO VISTA RESIDENTS, ACCESS ONLY.

>> SO PEOPLE CAN JUST GO OUT THERE AND PARK ON THE GRASS

THEN? >> YEAH, WE WILL HAVE -- WE WANT TO KEEP IT NATURAL. WE DON'T WANT A LOT OF PAVED PARKING OUT THERE. THE IDEA IS THAT A LOT OF IT, -- THERE'S SOME PARKING IN THAT GREEN BELT AREA.

SOME PUBLIC CONCRETE PARKING OR NEIGHBORHOOD.

BUT THE IDEA IS WE HAVE TRAILS ALL THROUGH THIS THING.

WE WOULD LOVE TO SEE A FAMILY WALK DOWN THERE CARRYING THEIR LITTLE WAGON AND PICNIC IN OUR LARGE PICNIC PAVILION WITH OUTDOOR KITCHEN, ENJOYING THE GREEN SPACE AND FISHING IN THE

LAKE IS THE IDEA. >> DO YOU HAPPEN TO KNOW THE -- ARE YOU DOING THE DEVELOPMENT THAT'S JUST TO THE NORTH OF IT

ON THE SCREEN THERE? >> HAYS CROSSING?

>> IS THAT YOU GUYS? >> ORIGINALLY, HE WAS PARTS OF THAT WHEN I WAS IN THE HOUSTON'S DEVELOPMENT COMPANY.

I AM NO LONGER INVOLVED THERE. >> IF YOU OR STAFF KNOWS THE DENSITY OF THAT DEVELOPMENT IS SIMILAR TO THE DENSITY OF THIS

DEVELOPMENT? >> IT WAS 80-FOOT FRONT FOOT LOTS, 2,000 SQUARE FOOT MINIMUMS. AND I THINK IT WAS ALLOWED TO HAVE SOME FRONT ENTRY.

WE'RE GOING TO HAVE ALL SIDE ENTRY OR REAR ENTRY ON OURS.

WE WILL HAVE NO FRONT ENTRY GARAGES IN OURS.

>> I GUESS THERE IS A PIECE OF PROPERTY TO THE WEST OF YOU GUYS THAT WOULD BE IN BETWEEN YOU GUYS AND BRIDGE WATER DEVELOPMENT THAT IS COMING IN. WIWOULD YOU GUYS ABUT WITH BRIDE

WATER. >> THEY HAVE THE WEST SIDE OF THE LAKE, WE HAVE THE EAST SIDE OF THE LAKE.

>> WHAT'S APPROVED TO THE WEST WOULD BE SIGNIFICANTLY HIGHER

DENSITY? >> BRIDGEWATER IS, THAT IS ALL

BRIDGEWATER TO THE WEST. >> I'M TRYING TO GET MY BEARINGS

TO THE DENSITY. >> A LOT HIGHER.

I THINK OUR DENSITY -- I CAN'T REMEMBER, IT IS LIKE TWO UNITS PER GROSS ACRE OR SOMETHING LIKE THAT.

IT IS A VERY LOW -- WE ARE MOSTLY 90-FOOT FRONTS AND WE DO

[00:45:03]

TO ME, THAT DEFEATS THE PURPOSE OF A CUSTOM NEIGHBORHOOD.

WE HAVE SOME ALLEY LOTS, SOME 70-FOOT ALLEY LOTS FOR NEW FAMILIES AND PEOPLE LIKE MYSELF THAT ARE EMPTY NESTERS, THOSE TYPE WHERE THEY CAN BUILD A 1800 SQUARE FEET HOUSE.

AND WE HAVE SOME 3,000 SQUARE FOOT MINIMUMS. SOME 22S AND 24S. WE ALL BLUE LOTS ARE 90 OR 100 FOOTS. GOLDS ARE THE SAME WAY.

WE HAVE GOT THAT ONE NEIGHBORHOOD THERE 59 LOTS, AND THEN WE HAVE 34 HALF ACRE LOTS. THE IDEA -- I WILL CALL YOU

JUSTIN, IF THAT'S OKAY. >> ABSOLUTELY, SURE.

>> TO CREATE A LOWER DENSITY CUSTOM FEEL, OPEN SPACE DEVELOPMENT THAT IS NOT ONE I AE DEVELOPMENT.

>> FOR ME, WHENEVER NEW DEVELOPMENTS COME IN, I LIKE TO SEE IF IT MAKES SENSE WITH WHAT'S AROUND IT.

SO THAT'S WHY I WAS ASKING. >> I THINK IT DOES.

I THINK IT IS A COMPLEMENT TO NOT DOING MORE VOLUME-BUILT HOME LIKE BRIDGEWATER IS. WE ARE PLANNING ON USING REGIONAL, LOCAL BUILDERS. PROBABLY HAVE ABOUT THREE BUILDERS IN THERE IS ALL. THEN THE IDEA IS -- THEN EVERYTHING WAS EITHER BLOOMFIELD OR JOHN HOUSTON OUT TO THE NORTH. THEY ARE BUILDING OUT ALL OF HAYS CROSSING WHICH IS 160 LOTS. WE WILL DEAD END IN THEIR SECOND

PHASE WITH THAT CUL-DE-SAC ROAD. >> I WAS GOING TO LET YOU KNOW, YOUR DENSITY IS 1.46 UNITS AN ACRE.

I WAS GOING TO ASK, THE UNITS PER ACRE, WE ALWAYS -- ARE WE COUNTING OPEN SPACE IN THE DENSITY ALONG WITH THE --

>> I WOULD SAY 1.46 PROBABLY GROSS.

NET IS GOING TO BE ABOUT 2.1. >> IT SAYS 1.83.

>> OKAY. >> EXCLUDING THE FLOODPLAIN.

>> YES. WE HAVE 14 SOMETHING ACRES IN THE FLOODPLAIN THAT'S CONSIDERED OPEN SPACE BUT THEN WE HAVE 28 ACRES, I BELIEVE, OUT OF THE FLOODPLAIN THAT IS OPEN SPACE.

>> I GET CONFUSED ON THIS EVERY TIME.

WHEN WE DO THE DENSITY, DO YOU INCLUDE THE OPEN SPACE AND THE -- BASICALLY, BECAUSE I'M OVER HERE LOOKING, IT IS 273 ACRES, AND THEN THERE IS 311 TOTAL UNITS.

SO I'M -- >> WE WOULD INCLUDE EVERYTHING OUTSIDE THE FLOODPLAIN. WE INCLUDE OPEN SPACE.

WE DO NOT INCLUDE THE NONRESIDENTIAL TRACTS.

WE EXCLUDED THAT. >> THAT'S HOW I'M TRYING TO

FIGURE OUT MY MATH. >> 273 WAS THE RESIDENTIAL.

>> HAYS CROSSING, 1.72 UNITS PER ACRE.

>> WHAT IS THIS IS THIS. 1.46.

NET WOULD BE 1.86. >> IANY INTEREST IN THE

COMMERCIAL STUFF YET? >> YES, SIR, I DO.

>> THEY ARE WAITING FOR YOU TO GET IT AND GET STARTED.

>> WE HAVE GOT AN AIRPLANE PARTS COMPANY THAT ALREADY HAS TWO OTHER LOCATIONS THAT HAS CONTACTED US.

WE HAVE GOT TWO FOLKS THAT, I DON'T KNOW WHO THEY ARE, BUT THEY HAVE BEEN TALKING TO THE AIRPORT MANAGER AND THEN I HAVE GOT A BROKER OUT OF DALLAS THAT'S JUST WAITING FOR US TO GET OUR ZONING DONE AND HE HAS GOT A COUPLE CLIENTS.

WE HAVE TO COME BACK IN AND DO A WHOLE -- I DON'T THINK -- IS IT A ZONING CASE, TRENT, OR SITE PLAN FOR THE OFFICE WAREHOUSE SECTION? SITE PLAN.

WE ARE ACTUALLY ZONED. IT IS JUST, WE ARE GOING TO COME BACK IN AND DO OUR STREET LAYOUTS AND ALL THAT.

THERE'S -- AIRPORT IS WANTING TO TRY TO PROMOTE OUT THERE.

WE HAVE A FOUR-LANE COLLECTOR ROAD THAT HAS -- WE ARE ONLY RESPONSIBLE FOR BUILDING PART OF IT.

AND IT IS ON THE CIP PLAN. I THINK HAYS ROAD IS -- I THINK WE WILL REALLY GET THAT THING KICK STARTED AND GOING WITH OUR FIRST PHASE OF DEVELOPMENT RESIDENTIAL.

>> DID I UNDERSTAND YOU RIGHT THAT YOU SAID ALL OF THESE HOMES

ARE GOING TO HAVE SIDE ENTRY? >> SIDE OR REAR.

>> EVEN THE ORANGE SECTION AT THE TOP?

>> THAT'S ALL ALLEY. >> YOU SAID THE GOLD OR ORANGE,

REAR ENTRY WITH AN ALLEY. >> YEAH.

[00:50:01]

LOAD. >> WHAT'S THE FRONTAGE OF THE

GOLD. >> 60S.

WE ARE NOT TRYING TO REPLICATE MIDTOWN AND DO 40S AND THAT SORT OF THING. WE JUST DIDN'T WANT TO -- WE DON'T WANT FRONTAGE GARAGES. I'M NOT OPPOSED TO THEM.

I HAVE DONE A LOT OF THEM. IN THIS PARTICULAR DEVELOPMENT, WE WANTED IT TO HAVE A SIDE ENTRY AND REAR ENTRY.

>> MY PROBLEM, TERRY, IS 60 FOOTS, I NEED TO HAVE

10,000 FEET. >> WELL, YOU KNOW, WHEN YOU GET TO BE MY AGE, YOU REALLY DON'T WANT TO BE MOWING THAT MUCH.

WE'RE 60 BY 120. SO THAT'S A NICE-SIZED LOT, ESPECIALLY -- YOU CAN GET A NICE-LOOKING FRONT PORCH PRODUCT. I THOUGHT -- WE HAVE GOT THAT.

BUT I HAVE ALSO GOT SOME 26,000 SQUARE FOOTERS OUT THERE.

>> WE HAVE ANOTHER 60 FOOTERS OUT THERE IN THAT AREA IN MY

OPINION. >> ONE SAYS HERE THERE WAS ONE LETTER THAT STAFF RECEIVED? OR AM I ON THE WRONG PAGE HERE? IT SAYS TO DATE STAFF HAS RECEIVED ONE WRITTEN RESPONSE

FROM PROPERTY OWNERS. >> SEEMS LIKE WE HAD ONE AT P&Z.

>> I BELIEVE THAT WAS ACTUALLY FROM A PROPERTY OWNER IN

SUPPORT. >> MR. HAYS WAS FOR IT.

>> COUNCIL, ANY MORE QUESTIONS OF THE APPLICANT?

>> NOT THE APPLICANT, SIR. >> THANK YOU.

>> THANK YOU YA'LL, APPRECIATE IT VERY MUCH.

>> DO WE HAVE A MOTION TO CLOSE THE OPEN OR DO YA'LL --

>> CLOSE THE MOTION. >> SECOND.

>> MOTION TO CLOSE THE PUBLIC. SECOND.

PLEASE VOTE. >> I GOT ONE QUESTION.

DOES IT MEET THE COMP PLAN? >> NO.

>> HOW BAD IS IT OFF? LIEHIGH OR LOW.

>> THAT IS HARD TO MEASURE. IT IS COMPLETE DIFFERENT.

THE ONES NONRESIDENTIAL, CORPORATE MOD RULE REALLY JUST

CALLS FOR NONRESIDENTIAL USE. >> WE TOOK A PIECE OF THE COMP PLAN APART WHEN WE APPROVED THAT PART TO THE SOUTH, RIGHT?

>> CORRECT. >> AND THEN THIS WILL FINISH UP THE REST OF THE COMP PLAN THAT WAS -- REST OF THE BLUE AREA.

>> THERE'S ACTUALLY A MAJOR PORTION OF BLUE AREA DIRECTLY TO

THE -- >> I MEAN, --

>> THIS IS ALL CORPORATE MODULE DOWN HERE.

>> SO ANOTHER PIECE ABOVE IT. >> RIGHT.

SO ABOUT 60 ACRES OF THIS MEETS THE COMPREHENSIVE PLAN WITH

INDUSTRIAL ZONING. >> [INAUDIBLE].

>> WHEN I WAS WORKING ON THIS, I WENT THROUGH THE LAND USE PLAN AND THE CORPORATE MODULES. ON PAGE 67 -- I'M JUST GOING TO POINT THIS OUT, ANY PLAN IS A PLAN.

BUT EVEN THE CITY OF MIDLOTHIAN, THE FUTURE LAND USE PLAN IS INTENDED AS A GUIDE FOR GROWTH. IT IS NOT A ZONING ORDINANCE AND DOES NOT CONTAIN ANY PROVISIONS THAT OTHERWISE GOVERN USE OF

LAND. >> TERRY.

>> IT IS A GUIDE. >> WE UNDERSTAND THAT.

>> OKAY. ALL I'M SAYING IS, I HAVE GOT A SITUATION HERE. I REALLY NEED RESIDENTIAL ZONING BETWEEN TWO RESIDENTIAL PROPERTIES TO CONTINUE THE PLAN OUT THERE THAT REALLY WORKS HIGHEST AND BEST USE, WHICH IS WHAT ZONING IS. AND I HAVE GIVEN 60 ACRES OF WHAT'S SET IN THE COMP PLAN. I AM FOLLOWING THE CORP PLAN, JUST NOT HUNDRED PERCENT BECAUSE IT REALLY IS IN A TRANSITION

AREA. >> I WASN'T CHALLENGING ANYTHING, TERRY. I WAS MAKING EVERYBODY AWARE OF

WHAT'S HAPPENING. >> I UNDERSTAND.

I'M NOT TRYING TO CHALLENGE YA'LL.

I'M JUST TRYING TO LAY A FRAMEWORK HERE ON HOW WE LOOK AT

THIS ZONING. >> I WOULD LIKE --

>> THANK YOU. >> IT IS FOR YOU, MY QUESTION IS FOR YOU. SO I LOOK AT THESE SITE PLANS QUITE A BIT. I'M JUST -- I WANT TO MAKE SURE I AM NOT WRONG. SECTION B AND SECTION C, TOTES L LOT WIDTH 90 FEET FOR B, C IS 9. ONCE SAYS 15,000 SQUARE FEET, OTHER SAYING 12,600. AM I MISSING SOMETHING ON THE

SQUARE FOOTAGE. >> IT IS DEPTH.

[00:55:01]

SO YOU GET MORE SQUARE FOOTAGE. >> OKAY, THAT'S I'M MISSING.

OKAY. I HAD 110 STUCK IN MY HEAD.

THAT IS NOT 110. >> I THINK WE ARE EITHER 120, 140. WE ARE TRYING TO DO -- WHAT WE ARE REALLY TRYING TO ACCOMPLISH OUT HERE IS CREATE A NEIGHBORHOOD THAT FEELS LIKE THESE ONE ACRE NEIGHBORHOODS WITHOUT 43,500 SQUARE FEET LOTS. KEEP A LOT OF OPEN SPACE, TREE PRESERVATION. ALL I'M ASKING IS WE GET A TRANSITION AREA HERE. THEN WE HAVE GOT 85 ACRES OF CORPORATE AND THEN MORE CORPORATE AS IT GOES SOUTH.

>> I WOULD LIKE YOU TO BE CONSISTENT WITH WHAT WAS

APPROVED BEFORE. >> WELL, THANK YA'LL.

WE'RE JUST TRYING TO CREATE SOMETHING VERY NICE, JUST RESIDENTIAL, BY MY CALCULATIONS, ABOUT 125 MILLION-DOLLAR TAX BASE FOR THE CITY OF MIDLOTHIAN. THAT DOESN'T COUNT THE OFFICE.

>> THANK YOU, TERRY. >> THANK YA'LL VERY MUCH.

>> WE CLOSED. OKAY.

COUNCIL? DISCUSSION?

>> SO IT DOESN'T MEET THE COMP PLAN, CORRECT?

>> CORRECT. >> AND WE HAVE ALL SAT IN WORKSHOP PRIORITY THIS IN DIFFERENT INSTANCES SAYING WE NEED TO START ENFORCING THE COMP PLAN.

THAT'S MY ONLY COMMENT. >> CAN YOU GO BACK TO THE SLIDE THAT -- WHICH PORTION OF THAT HAS ALREADY BEEN APPROVED?

>> SO MY POINT, COUNCIL, I WOULD LIKE THAT NEW PIECE TO BE

CONSISTENT WITH THAT. >> I'M CONFUSED.

I MISSED THAT. ARE YOU SAYING -- THAT'S THE APPROVAL THEY CAME AND GOT A COUPLE MONTHS AGO.

>> YEP. >> IT IS THE GOLD.

>> THE LINE RIGHT HERE. >> I VOTE THE AGAINST IT A

COUPLE MONTHS AGO WHEN IT CAME. >> I BELIEVE THAT'S TRUE.

THE D, I DON'T KNOW WHAT COLOR THAT IS, LIME, GREEN --

>> WHAT DID WE DO BACK IN OCTOBER?

>> THESE ARE CONSISTENT. >> ACTUALLY, IF YOU ARE CONSISTENT. AS I READ IT --

>> I WANT TO MAKE SURE -- [INAUDIBLE].

>> B IS THIRD OF AN ACRE. SMALLSMALLEST, WHAT'S BEEN APPR,

THIRD OF AN ACRE I BELIEVE. >> HOW MANY SUBDIVISIONS ZONING ORDINANCE WE HAVE IN TOWN WITH E HAVE IN TOWN WITH ALLEYS?

>> I DIDN'T REALIZE YOU WERE DOING A QUESTION.

I COULDN'T ANSWER THAT OFF THE TOP OF MY HEAD.

>> HOW MANY LOTS DO WE HAVE IN TOWN, SUBDIVISIONS, LARGE DEVELOPMENTS LIKE THIS WITH ALLEYS?

>> [INAUDIBLE]. >> STYLES.

>> THIS AREA DOWNTOWN, THEY HAVE ALLEYS.

>> I AM PRES PRETTY SURE BRIDGER HAS ALLEYS.

>> SOME OF THE PHASES. >> I WILL MAKE AN UNPOPULAR COMMENT. I'M IN FAVOR OF LOWER DENSITY.

BECAUSE IT IS IN BETWEEN ALL OF THEM, TO ME IT KIND OF MAKES SENSE AS BEING A TRANSITIONAL PIECE, THE FURTHER WE GO EAST.

I KNOW WAXAHACHIE IS RIGHT THERE.

I'M PUTTING MY CARDS ON THE TABLE.

>> I THINK I HAVE PUT MY CARDS ON.

AT SOME POINT, WE NEED, THIS FAR OUT FROM THE LOOP, WE NEED TO

SORT REVERSING OUR TREND. >> WE WILL TAKE A MOTION,

[01:00:04]

PLEASE. >> MOTION TO DENY.

>> WE HAVE A MOTION TO DENY. >> SECOND.

>> PLEASE VOTE. THE MOTION TO DENY PASSES 4-3.

>> [INAUDIBLE]. >> WITH OR WITHOUT PREJUDICE?

>> [INAUDIBLE]. >> IT'S BEEN VOTED.

ALL RIGHT. WHAT'S BEEN APPROVED, THAT

HASN'T BEEN AFFECTED. >> SO THIS IS CORPORATE MODULE,

OFFICE BUILDINGS [INAUDIBLE]. >> THANK YOU, TERRY.

>> REGULAR AGENDA. ITEM

[2022-107]

ADAM? >> MAYOR, COUNCIL, GOOD EVENING.

TONIGHT BEFORE YOU IS A PROFESSIONAL SERVICE AGREEMENT WITH KIMLEY-HORN. UTILITY PROJECT THAT CROSSES BETWEEN WATER AND SEWER. WE ARE LOOKING AT FOUR PROJECTS WITHIN THIS DESIGN. ONE OF THEM, AGAIN, SIX-INCH WATER LINE THAT SHOOTS FROM 1387 DOWN HAYS ROAD AND OUR WATER MASTER PLAN, IT REQUIRES 16-INCH.

NOW TONIGHT, WITH THAT PREVIOUS DISCUSSION, WE STILL NEED A WATER LINE TO KEEP EXTENDING DOWN HAYS ROAD.

ALL WE ARE DOING TONIGHT IS JUST DESIGN.

WE ARE NOT GOING OUT FOR BID ON IT.

WE WILL SEE HOW THE PROJECTIONS GO.

BUT THAT WATER LINE NEEDS TO BE PUT IN BUT IT IS A MATTER OF HOW WE PHASE THAT WATER LINE IS. IT IS A BUDGETED PROJECT.

WE NEED TO FIND OUT IN TIME HOW THINGS WORK OUT.

SO THE SECOND ONE, DEAD END LINES BETWEEN GARVIN WAY.

AND THE THIRD ONE, WE ARE TRYING TO FIND WHERE THERE ARE GAPS IN THE FIRE HYDRANTS. THE OLD ESTABLISHED NEIGHBORHOODS THAT NEED MORE FIRE PROTECTION.

THE REASON WE ARE DOING A DESIGN, WE ARE DOING TEN A YEAR, OVER HUNDRED THOUSAND DOLLARS A YEAR GIVE OR TAKE.

TO TAP OFF EXISTING MAINS OR TAKE MAINS DOWN THERE.

WE ARE WORKING WITH THE FIRE MARSHAL TO WORK ON THESE AREAS THAT NEED FIRE PROTECTION. I WILL COME TO YOU YEAR AFTER YEAR BASED ON TONIGHT'S DECISION HOW WE APPROACH FIRE HYDRANTS.

WE WANT TO PACKAGE THEM TOGETHER AND THEN PROVIDE THAT FIRE PROTECTION AS WE GO ALONG. THE THEX ONE IS BASICALLY ON THE SEWER SIDE, INFLOW AND INFILTRATION.

TRYING TO FIND WHERE WE ARE GETTING RAIN WATER, WATER WE DON'T WANT TO TREAT IN OUR SYSTEM BASED ON THE GROWTH, BASED ON EVERYTHING. WE DON'T WANT TO TREAT RAIN WATER. WE HAVE AREAS WE FEEL WE HAVE A PROBLEM ON BASED ON STUDIES WE HAVE HAD BEFORE.

THIS WILL TIDE IT DOWN TO THE BASIN, THIS IS YOUR PROBLEM.

WE WILL CAMERA IT, SMOKE TEST IT, COME WITH REMEDIATION OF HOW TO FIX IT. THIS IS A STUDY TO FIND OUT WHERE THE PROBLEMS ARE. IT IS ALONG A CREEK DOWN CLINTON LANE FROM PARK PLACE. A VERY LARGE AREA.

IT HAS A LOT OF POTENTIAL OF IONINE.

THIS CONTRACT, THIS IS A NUMBER NOT TO EXCEED.

IF WE PROVIDE A LOT MORE INFORMATION IN THESE PROJECTS, WE CAN ACTUALLY REDUCE THIS NUMBER COST.

[01:05:02]

DESIGNING THINGS IN THE GROUND YOU DON'T SEE IS HARD.

WE HAVE TO HAVE PROTECTIONS OF WHAT IT MAY COST.

THE MORE WE TELL THEM, THE LESS THAT COST WILL BE.

WE WILL DO OUR DUE DILIGENCE. THIS IS NOT TO EXCEED NUMBER.

HOPEFULLY WE CAN GET THAT DOWN WITH MORE WORK WITH MY TEAM MEMBERS. BASICALLY, THAT'S IT.

I'M HERE TO ANSWER ANY QUESTIONS.

THESE ARE ALL BUDGETED ITEMS, IN THE UTILITY FUND.

AND WE ARE PREPARED TO MOVE FORWARD BASED ON YOUR DECISION,

THANK YOU. >> COUNCIL?

>> MOVE TO APPROVE. >> MOTION TO APPROVE.

>> SECOND. >> PLEASE VOTE.

7-0. ADAM, THANK YOU.

>> THANK YOU. >> YOU HAVEN'T BEEN HERE IN A

WHILE. >> A LOT OF WORK COMING AHEAD OF

US. >> COUNCIL, ON THE NEXT ITEM, CLYDE IS GOING TO PRESENT BUT AS SOON AS CLYDE IS OVER, I WANT TO MAKE A FEW BRIEF COMMENTS BEFORE WE GET INTO A DISCUSSION.

[2022-108]

CLYDE. >> OUR FAVORITE TOPIC.

THE COMPREHENSIVE PLAN UPDATE. BACK IN NOVEMBER WE HAD A JOINT MEETING WITH THE PLANNING & ZONING COMMISSION AND CITY COUNCIL. WE DECIDED TO GO FORWARD WITH AN UPDATE OF THE ENTIRE COMPREHENSIVE PLAN, SUB DEVELOPMENT ORDINANCE. WE SUBMITTED A RFP OUT.

WE GOT TWO RESPONSES. COUPLE REASONS, I REACHED OUT TO CONSULTANTS THAT I KNEW, WHY WE DIDN'T GET A BIGGER RESPONSE.

I EXPECTED TO. NO. 1, TIMING OF THE -- TIME OF THE YEAR, CHRISTMAS TIME. NEW YEAR'S.

ALL OF THE CONSULTANTS ARE EXTREMELY BUSY.

THEY ALSO SAID THAT SINCE THIS WAS KIND OF DEPICTED AS AN UPDATE, THEY THOUGHT THAT SOMEBODY HAD ALREADY HAD THEIR HAT IN THE RING, WAS A SHOO-IN. THEY DIDN'T WANT TO PUT IN MUCH EFFORT. I'M NOT SURE.

BUT I WILL TRUST WHAT THEY HAD TO SAY.

SO WE DID ONLY GET TWO RESPONSES.

ONE WAS GAP STRATEGIES, ONE IS SPHREEZ AND NICKELS.

GAP STRATEGIES HAS WORKED IN THE HILL COUNTRY, CONSULTING WORK IN FORT WORTH. FREEZE AND NICKELS HAS DONE QUITE A BIT OF WORK IN TEXAS, OKLAHOMA, THIS AREA FOR PLANNING. WE USE THEM QUITE EXTENSIVELY FOR ENGINEERING, DESIGNING OF DIFFERENT UTILITY PROJECTS, THINGS LIKE THAT. SO WHEN WE WENTS OUT FOR THIS, WE LOOKED TO UPDATE THE ENTIRE COMPREHENSIVE PLAN.

WE HAVE ECONOMIC DEVELOPMENT, COMMUNITY CHARACTER, LAND USE, TRANSPORTATION, PARKS, TRAILS, ENVIRONMENTAL, HEALTH AND SAFETY. THOSE ARE SEVERAL OF THE CHAPTERS WITHIN THAT COMPREHENSIVE PLAN.

I REALLY -- WE CAN DO THAT, AND THAT'S WHAT YA'LL WANTED US TO GO FORWARD WITH. I DON'T KNOW THAT WE ARE SO FAR OFF ON THE COMPREHENSIVE PLAN. I THINK THERE ARE CHAPTERS WE NEED TO CONCENTRATE ON. FUTURE LAND USE PLAN BEING ONE OF THEM. THE ECONOMIC DEVELOPMENT.

SO REALLY FOCUS ON THOSE CHAP CHAPTERS.

I THINK WE CAN FORMULATE A PIECEMEAL IF SOMETHING COMES FROM THOSE CHAPTERS THAT WE NEED TO DO FURTHER STUDIES ON, WE CAN DELVE INTO THAT AND DO SCENARIO PLANNING AND THINGS LIKE THAT WITH THE FUTURE LAND USE PLAN AND ECONOMIC DEVELOPMENT.

YOU MIGHT THINK ECONOMICMENT DEVELOPMENT MED HAS THAT TAKEN CARE OF. THIS IS A LITTLE BIT MORE OF THE COMMUTERS. WHAT ARE WE LOOKING AT WITH OUR RESIDENTS THAT HAVE COME IN. WHAT KIND OF JOB STRATEGIES? WHAT KIND OF COMMERCIAL AREAS? ARE WE SATISFIED WITH THE COMMERCIAL AREAS WE HAVE. OR DO WE THINK THE CITIZENS OF MIDLOTHIAN WANT MORE SHOPPING OPPORTUNITIES, RETAIL, ET CETERA. SO -- BUT ALL THOSE WOULD -- WE WOULD TIE THOSE INTO MED AS WELL AS MCDC THROUGH THAT STRATEGY.

THEN WE DO UPDATE THE FUTURE LAND USE PLAN.

FROM THAT UPDATE OF THE FUTURE LAND USE PLAN, THERE COULD BE UPDATES TO THE THOROUGHFARE PLAN.

ONCE AGAIN, I DON'T THINK WE NEED TO THROW THE BABY OUT WITH THE BATH WATER. IF WE TAKE AN INCREMENTAL APPROACH, WE WOULD BE ABLE TO ACCOMPLISH A LOT IN A SHORT AMOUNT OF TIME. AT LEAST A THIRD OF THE TIME, HOPEFULLY A THIRD OF THE COTS OF THAT AS WELL.

EMPLOYMENT BY SECTOR. THE LABOR FORCE, DIFFERENT COMMUTING PATTERNS, RETAIL GAPS AND REAL ESTATE TRENDS IN THAT.

SO BASICALLY WHAT I AM RECOMMENDING IS THAT WE GO FORWARD AND ENTER INTO SOME CONTRACT NEGOTIATIONS WITH

[01:10:04]

WITH THAT, I WILL ANSWER ANY QUESTIONS.

>> COUNCIL, AGAIN, IF YOU LET MY MAKE SOME BRIEF COMMENTS.

AS I HAVE SPOKEN TO PEOPLE OF THE COMMUNITY, THEY TELL ME THEY DO NOT WANT TO BE LIKE EVERY OTHER CITY.

CITIZENS WANT TO PRESERVE AND REVITALIZE THE OLD TOWN.

THEY WANT TO KEEP THE RURAL AND GREEN SPACES.

THIS HE WANT TO MAINTAIN THE HIGH QUALITY OF OUR SCHOOLS.

TO DATE, MIDLOTHIAN, THROUGH THE WORK OF THIS COUNCIL, STAFF, BOARDS AND VOLUNTEERS, WE HAVE DONE THAT QUITE WELL.

WE HAVE ESTABLISHED EXCELLENT URBAN AMENITIES AND HOUSING, RETAIL, RESTAURANTS, PARKS AND OTHER SERVICES THAT MATCH NEIGHBORING CITIES. WE HAVE AFFORDED THE OPPORTUNITY TO DO THIS IN LARGE PART DUE TO TAX DOLLARS AND CONTRIBUTION OF OUR COMMERCIAL AND INDUSTRIAL PARTNERS.

AS I LOOK AT WHAT MIDLOTHIAN HAS BEEN AND WHAT PEOPLE ARE SAYING WE WANT TO MAINTAIN, I THINK WE ARE AT CROSSROADS.

WE MUST TAKE DELIBERATE STEPS THIS WE WANT TO REALIZE OUR HOPES AND DREAMS. IN THIS, I SEE FIVE DIFFERENT THINGS FOR WHICH I HAVE DEVELOPED AN ACRONYM CROSS.

C, COMMERCIAL AND INDUSTRIAL. R, RURAL AND GREEN SPACE.

O, OLD TOWN. S, SUBURBAN.

AND S, SCHOOLS. I BELIEVE THAT MOST IMPORTANT THING FOR US TO DO IS TO DEVELOP A STRATEGIC MISSION STATEMENT FOR THE CITY. THIS WILL ALLOW US TO DEVELOP UPDATE TO THE COMPREHENSIVE PLAN THAT WILL BE A SUCCINCT DOCUMENT. THIS IS ONLY A THREE TO FIVE-PAGE DOCUMENT THAT WILL GIVE STAFF DIRECTION AND HELP US GUIDE OURSELVES AND FUTURE LEADERS AS WE MAKE DECISIONS THAT IMPACT OUR COMMUNITY. THE MISSION STATEMENT IS NOT SOMETHING THAT WE CAN HAND OFF TO A COMMITTEE.

BUT SOMETHING THAT WE, THE COUNCIL, WITH OUR EXPERIENCE, SHOULD PROVIDE TO GUIDE THE COMMITTEES AS THEY MAKE DECISIONS ABOUT MODIFYING THE EXISTING COMPREHENSIVE PLAN.

COUNCIL HAS BEEN ELECTED TO DO THIS.

WE HAVE MADE THESE DECISIONS AGAIN AND AGAIN.

WE HAVE SEEN AND HEARD WHAT MAKES MIDLOTHIAN RESIDENCE HAPPY AND WHAT MAKES THEM UNHAPPY. EACH OF YOU HELD A HIGH VALUES FOR THIS TASK. IF WE ARE NOT -- IF WE DON'T PUT THESE IDEAS ON PAPER AND MAKE A COMMITMENT TO ACHIEVE THEM, IT BECOMES DIFFICULT TO MAINTAIN THEM.

IF WE LOOK AT EACH CASE ON A CASE BY CASE BASIS, LOOKING AT THE DETILL DETAILS, THEN WE BECE PRAGMATIC WHICH CAN BE COUNTERPRODUCTIVE TO THE LONG-TERM GOALS.

WE MAY LOSE SIGHT OF THE LARGER PLAN.

ON THIS COUNCIL, WE HAVE GREAT DIVERSITY, VERY INTELLIGENT, ARTICULATE LEADERS. WE OWE THE RESIDENTS THE OPPORTUNITY FOR THIS COUNCIL TO CREATE AND PUT INTO WRITING A PRACTICE FOR LONG-TERM VISION FOR OUR CITY.

I SEE THIS BEING A TWO-STEP PROCESS.

FIRST, DEVELOPMENT STRATEGY I SC VISION FOR OUR CITY AND THEN DO A TOP DOWN TASK ON THE COMPREHENSIVE PLAN.

TIGHTENING UP THINGS WHERE THERE IS INCONSISTENCIES.

AND THEN DO A BOTTOM UP APPROACH.

WHICH IS -- DO ALL OF THIS WITH THE HELP OF FREESE AND NICHOLS.

JUSTIN, ANY COMMENTS TO MY COMMENTS?

>> I APPRECIATE THE COMMENTS, MAYOR.

I AGREE THAT WE NEED TO KNOW THE VISION FOR THE COMMUNITY AND HAVE IT CLEARLY LINED OUT FOR US.

THE COMPREHENSIVE PLAN, I HAVE READ IT, MOST OF YOU HAVE, PAGE FOR PAGE, WORD FOR WORD, IT IS 500 PAGES.

5,000 PAGES. IT IS A LONG DOCUMENT.

>> [INAUDIBLE]. >> I APPRECIATE THE IDEA OF TAKING THOUGHTS, BUILDING CONSENSUS AND CONCISELY WRITING IT IN A WAY THAT WE CAN REFER TO IT EASILY AND OFTEN AND THEN HAVING THAT AS A GUIDING DOCUMENT FOR.

I APPRECIATE THE ACTIVITY ON THAT AND AM ALL FOR IT WITH THE MAYOR LEADING THE CHARGE, TRYING TO FIND COMMONALITY IN

DECISION-MAKING. >> GENTLEMEN? ANY QUESTIONS THAT YOU WOULD LIKE ME TO CLARIFY?

>> WELL SAID. THAT'S WHAT I WILL SAY TO YOUR COMMENTS. I APPRECIATE THAT.

I AGREE. MY ONLY ONE QUESTION, AND IT MAY BE A LITTLE EARLY, I DO WANT TO BRING IT UP EARLY AND I WILL BRING IT UP OFTEN. IN THIS COMPREHENSIVE PLAN, ARE

[01:15:01]

DEVELOPMENT? >> YES.

>> THANK YOU. >> IT IS REALLY UP TO YOU.

I MEAN, THE AIRPORT SHARED BETWEEN BOTH ENTITIES.

SO I MEAN IT WOULD BE UP TO THE COUNCIL HOW THAT GOES.

REALLY TRANSPORTATION IS PRETTY MUCH VEHICLES AND PEDESTRIAN.

I WOULD THINK IT WOULD BELONG IN ECONOMIC DEVELOPMENT MORE BUT THAT'S REALLY A QUESTION FOR YA'LL TO DECIDE.

>> THANK YOU. >> MAYOR, IN YOUR MIND, W WHAT DOES THE PROCESS LOOK LIKE? IS IT FIRST ATTEMPTING TO PULL OUT OF OUR INDIVIDUAL BRAINS HOW THIS COMMUNITY SHOULD LOOK IN THE FUTURE AND THEN TRYING TO BUILD CONSENSUS AROUND THAT? IS THIS A GUIDED PROCESS FOR THE STRATEGIC PLANNING COMPANY?

>> WELL, WITH THE HELP OF FREESE AND NICHOLS, WE HAVE AN UPCOMING RETREAT. WE NEED TO GO UP, IN MY OPINION, TO A HIGHER LEVEL AND SAY WHAT IS IT THAT WE REALLY WANT IN DECISION-MAKING. WE HAVE THESE FIVE DIFFERENT FACTORS AND LAST TIME WE TALKED ABOUT THE FOUR CLOVER.

WE NEED COMMERCIAL AND INDUSTRIAL.

HOW MUCH DO WE NEED AND HOW DOES IT PLAY IN? OLDTOWN, HOW DOES OLDTOWN FILL IN.

THE RURAL SPACE, GREEN, IT CAME UP TODAY.

WHAT'S OUR GOAL FOR MAINTAINING THE RURAL ASPECT OF MIDLOTHIAN AND THEN SUBURBAN. WE WILL GROW SUBURBAN, IF UNCHECKED, COMMERCIAL AND SUBURBANS WILL TAKE OVER THE CITY OF MIDLOTHIAN. THAT IS WHAT VIRTUALLY EVERY AREA OF THE S CITY AND METRO PLAINTIFFPLEXHAS DONE.

ALL THE COMMUNITIES STARTED OFF AS RURAL COMMUNITIES.

YOU CAN'T SEE VERY MUCH LEFT OF THAT.

AND THEN WE WANT TO DO EVERYTHING TO PROTECT THE SCHOOLS. THESE ARE HIGH-LEVEL CONCEPTS.

WE ALL RAN ON PLAT FORMS OF WHAT WE WANT MIDLOTHIAN TO BE.

AND IT IS PUTTING THAT, AGAIN, IT IS A VERY SUCCINCT DOCUMENT.

THREE TO FIVE PAGES, THAT SAYS, HERE'S WHAT WE ARE TRYING TO DO.

THESE VARIOUS THINGS, THEY WILL CLASH.

THEY COMPETE WITH EACH OTHER. AND WHAT WE NEED TO KNOW WHEN TO SAY YES AND WHEN TO SAY NO. THIS IS TYPICAL IN CORPORATE LIFE, TO HAVE THIS VISION STATEMENT THAT WE ARE TRYING TO DO. THIS IS NOT BLOCKING FUTURE COUNCILS. THIS IS A VERY EASY DOCUMENT TO MANAGE BECAUSE OF THE LEVEL IT IS AT.

AND THEN STAFF AND THEN, AS IT COMES DOWN FROM THE TOP DOWN, IT IS EASIER FOR US TO BE CONSISTENT FOR STAFF.

ONE OF THE COMPLAINTS IS, WE FRUSTRATE STAFF BECAUSE WE ARE NOT CONSISTENT. WE ARE NOT CONSISTENT BECAUSE WE DON'T HAVE A NORTHERN STAR TO NAVIGATE FROM.

AND IT SHOULD BE, AND THIS DRAWS CRITICISM, IT SHOULD BE 30 PLUS YEARS. IT CAN'T BE DOWN INTO THE WEEDS BY DEFINITION. THESE ARE HIGH LEVEL VALUES THAT WE HAVE AND THE COMPREHENSIVE PLAN SHOULD BE THE APPLICATION OF THE -- YOU START WITH GOALS AND OBJECTIVES AND COME DOWN.

I JUST THINK WE NEED -- BECAUSE WE ARE AT THIS CROSSROADS.

WE HAVE PIVOTED FROM THE PAST. WE HAVE FINISHED THE PIVOT.

WE ARE NOW GOING INTO THE FUTURE OF MIDLOTHIAN.

THE CITY HALL, POLICE DEPARTMENT, EVERYTHING WE ARE DOING, WE ARE PUTTING IN PLACE THE FUTURE MIDLOTHIAN.

AND I WOULD JUST SUGGEST WE NEED A HIGHER LEVEL VIEW OF THAT SO

THAT WE CAN PROCEED TO IT. >> SO IS IT A FAIR STATEMENT TO -- FOR US AS COUNCIL MEMBERS TO PUT THOUGHT BEHIND THE FIVE?

>> YES. MINE IS ONLY -- I DON'T WANT TO CALL IT A STRAWMAN, ONLY AN EXAMPLE.

IT IS NOT SOMETHING RIGID. WE WILL SIT DOWN AND TALK.

BUT AGAIN, ALL OF US HAVE TALKED WITH CITIZENS AND AT THE THEY WILL US WHAT THEY ARE REALLY HAPPY, TELL US WHEN THEY ARE NOT HAPPY. AND WE HAVE CAMPAIGNED ON WHAT WE ARE GOING TO DO. AND THIS IS JUST PULLING THAT ALL TOGETHER AND SAY, HERE'S -- IT IS SOMETHING THAT AS A BODY, WITH OUR DIFFERENT THOUGHTS AND DIFFERENT VIEWS, WE SAY THIS IS THE BEST VISION AT THIS MOMENT IN TIME FOR MIDLOTHIAN.

AGAIN, IT IS SUCCINCT DOCUMENT. IT LOOKS OUT IN THE FUTURE WHEN WE HAVE A HUNDRED THOUSAND PEOPLE.

WE HAVE A NEW CITY HALL, FIRE STATION, WE HAVE SERVICES.

WHAT DO WE WANT TO BE? HOW DO WE CONTROL -- IF YOU LOOK

[01:20:02]

YOU WILL HAVE -- YOU WILL HAVE -- WELL, I WILL LEAVE IT AT THAT. AND COMMERCIAL, WE NEED COMMERCIAL. WE NEED TO HAVE IT.

BUT WHEN IS TOO MUCH? WHAT'S ENOUGH? WE HAVE SOME NUMBER OF COMPONENTS HERE, I HAVE SUGGESTED FIVE, AS I LOOK AT THE CITY.

OLD TOWN, COMMERCIAL, SUBURBAN, RURAL.

I SUGGEST THIS IS HOW I HEAR CITIZENS TALK ABOUT THE CITY.

WE WANT TO PROTECT EACH OF THOSE.

IF YOU HAVE A DIFFERENT DIVISION, DIFFERENT STRUCTURE.

>> MAYOR, DID YOU WANT TO MAKE THE MOTION THEN?

>> WELL, WE ARE HERE TO -- THIS IS TO -- WE ARE HERE TO GIVE DIRECTION. WELL, I WILL MAKE A MOTION AND I SUGGEST WE DO THIS IN A TWO ON THREE-STEP APPROACH.

FIRST OFF, COUNCIL -- WE'RE GOING TO HAVE FREESE AND NICHOLS. WE HAVE A LOT OF PEOPLE TO HELP US. WE NEED TO GET TOGETHER AND COME UP WITH A SUCCINCT VISION WE CAN SUPPORT.

THEN AS I HEAR IT, WE'RE GOING TO START, I SUGGEST TOP DOWN APPROACH TO THE COMPREHENSIVE PLAN.

FIRST STEP IS TO TIGHTEN THINGS UP.

DO AWAY WITH THE INCONSISTENCIES AND CONFLICTS AND CLEAN IT UP.

ONCE YOU HAVE CLEANED IT UP, THEN WE WILL DO A BOTTOM UP ACTIVITY WHERE WE MODIFY. WHAT CHANGE WHAT IFS, WHEN WE DO THE TOP DOWN, WE HAVE A GREAT COMPREHENSIVE PLAN HERE.

WE HAVE CLEANED IT UP. THAT'S MY MOTION.

>> THANK YOU. >.I FEEL LIKE WHAT YOU ARE ASKIG US TO DO IS PUT THOUGHT FOR THE FIVE AREAS.

I DO THIS IN MY CHURCH. FOR THOSE OF YOU TAKING NOTES, COMMERCIAL, RURAL, OLD TOWN, SUBURBAN AND SCHOOL AND PUT

THOUGHT BEHIND THOSE. >> THAT IS NOT CONCRETE.

>> WHATEVER ELSE WE NEED TO ADD, SURE.

THANK YOU, MAYOR. THERE'S A MOTION THAT HE MADE, I

WILL SECOND IT. >> I WOULD LIKE TO HEAR DISCUSSION. THIS IS SOMETHING THAT WE ALL NEED TO BE ACTIVELY INVOLVED IN AND I SUBMIT THIS IS WHY THE

CITIZENS HAVE PUT US HERE. >> WELL, I WILL WRITE THAT DOWN AND MAKE THOSE NOTES AND I THINK MAYBE THAT'S WHAT WE SHOULD DO.

IS JUST START WITH THAT AND THEN GET IT TURNED IN AND GET WITH A

SCHEDULE TBR FROM THERE. >> I THINK THE RETREAT IS -- WE HAVE THE RETREAT COMING UP. BUT STAFF?

>> SO WE CAN CONTACT FREESE AND NICHOLS AND START WORKING WITH YOU, MAYOR, TO SET UP THE SCHEDULING AND THEN SEE HOW THAT PROCESS -- WHAT THAT LOOKS LIKE FROM FREESE AND NICHOLS

STANDPOINT. >> DEVELOP A SCOPE OF WORK FOR

THE CONTRACT. >> PART OF THE MOTION INCLUDES WORKING WITH FREESE AND NICHOLS. THAT'S INCLUDED IN --

>> [INAUDIBLE]. >> YES.

>> [INAUDIBLE]. >> AND WE UTILIZE THEM.

YOU WILL SEE THEM IN A COUPLE WEEKS FOR IMPACT FEE UPDATE.

THEY DID THE DOWNTOWN PLAN. THEY KNOW WHAT THEY ARE DOING.

>> THANK YOU. >> SO IS THAT ENOUGH DIRECTION?

[EXECUTIVE SESSION]

>> YES, SIR. >> SILENCE, WE HAVE AN EXECUTIVE SESSION FOR -- AT THIS TIME, COUNCIL WILL ADJOURN TO EXECUTIVE SESSION TO DISCUSS MATTERS THAT NEED TO BE DISCUSSED. HOLD ON, GUYS.

SECTION 551.071, LEGAL CONSULTATION WITH THE CITY ATTORNEY REGARDING PETITION FILED FOR THE CREATION OF A PROPOSED FM875 MUNICIPAL UTILITY DISTRICT OF ELLIS COUNTY AND THE PETITION FILED FOR THE CREATION OF THE PROPOSED HIGHLAND LAKES MUNICIPAL UTILITY DISTRICT NO. 1 OF ELLIS COUNTY. SO AT THIS POINT, WE STAND ADJOURNED. WE WILL BE BACK.

[2. Section 551.071(2) Legal: Consultation with the city attorney regarding petition filed for the creation of proposed FM 875 Municipal Utility District of Ellis County and the petition filed for the creation of the proposed Highland Lakes Municipal Utility District No. 1 of Ellis county.]

>> IT IS 7:36, COUNCIL IS BACK INTO SESSION.

DO WE HAVE A MOTION? >> YES, MR. MAYOR, I MAKE TO

[01:25:03]

>> DO WE HAVE IS A SECOND? >> SECOND, PLEASE VOTE.

MOTION CARRIES, 6-0. WITH WALTER ABSTAINING WITH CONFLICT. DO WE HAVE A MOTION TO ADJOURN?

>> SO MOVED. >> ALL IN FEAFE FAVOR, SAY AYE.

* This transcript was compiled from uncorrected Closed Captioning.