Jun 28, 2022 City Council

[00:00:03]

>> MAYOR: GOOD EVENING. IT'S TUESDAY, JUNE 28TH, 6 P.M., I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO OR ORDER. COUNCIL MEMBER COFFMAN.

>> FATHER, WE COME BEFORE YOU THIS EVENING TO DO THE WORK OF THE CITY. GOD, WE GRANT US YOUR WISDOM, GUIDE US AS WE MAKE DECISIONS THAT WOULD HOPEFULLY REFLECT YOUR WILL. GOD, WE THANK YOU FOR THE OPPORTUNITY TO GUIDE AND LEAD THIS COMMUNITY.

WE THANK YOU FOR THIS JUST BEING SUCH A GREAT CITY TO LIVE IN, TO CALL HOME, TO RAISE OUR FAMILIES HERE.

AND WE LOOK TO YOU FOR ALL THINGS.

I PRAY TONIGHT WOULD BE A GOOD NIGHT FOR OUR FIRE DEPARTMENT, FIRST RESPONDERS, POLICE DEPARTMENT.

KEEP ALL THOSE COMMITTED SERVANTS, MEN AND WOMEN WHO SERVE SO WELL, KEEP THEM SAFE IN OUR COMMUNITY THIS EVENING.

IN JESUS' NAME WE PRAY, AMEN. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD AND ONE AND

INDIVISIBLE. >> MAYOR: BEFORE WE GET TO THE AGENDA, I WILL TAKE THIS MOMENT TO SAY FAREWELL TO TED MILLER, OUT GOING COUNCIL MEMBER AND MAYOR PRO TEM.

TED, THE BATON IS BEING PASSED TONIGHT BETWEEN COUNCIL MEMBER TED MINIMU MILLER AND INCUMBENTA HAMMONDS.

IT IS A HAPPY OCCASION BECAUSE WE HAD A MODEL RACE BETWEEN FOUR CONTENDERS. THIS RACE ONE WITH PROFESSIONALISM AND COURTESY. BUT IT IS SAD ALSO BECAUSE TED MILLER WILL BE LEAVING US AFTER NINE YEARS ON COUNCIL AND OTHER YEARS AS P&Z. TED HAS SERVED THE CITY WELL AND WE WILL MISS HIM. TED HAS A REPUTATION FOR SPEAKING STRAIGHT. YOU ASK TED A QUESTION, HE WILL GIVE YOU A STRAIGHT ANSWER. DURING HIS TERM, HE HELPED ME GRATELY OVGREATLY OVER THE LASTS IN THE ROLE OF MAYOR.

DURING HIS TEN IEWRKS THE CITY F MIDLOTHIAN HAS A NEW DATA CENTER, NEW HOSPITAL, FIRE STATION, COMMUNITY PARK AND MANY OTHER THINGS WE HAVE DONE. WE PASSED THE BOND ISSUE.

TED WILL BE GREATLY MISSED AND I HOPE THAT TED STAYS INVOLVED IN OUR FAIR CITY. TED, THANK YOU VERY MUCH.

[2022-251]

THIS WAS WITNESSED BY MYSELF AND ALL THE MEMBERS OF THE COUNCIL.

[2022-252]

ADMINISTERED TO ANNA HAMMONDS. >> RAISE YOUR RIGHT HAND, REPEAT

AFTER ME. >> I, ANNA HAMMONDS, DO SELL LISOLEMNLYSWEAR THAT I WILL FULE DUTIES OF CITY COUNCIL MEMBER, CITY OF MIDLOTHIAN CITY COUNCIL MEMBER PLACE THREE OF THE STATE

[00:05:04]

MOMENT TO MAKE A FEW BRIEF COMMENTS.

COUNCIL, I HAD THE FEELING THAT WE ARE AT A NEW START.

IT IS NOT UNLIKE A NEW SCHOOL YEAR WHERE WE HAVE THINGS IN FRONT OF US AND A CLEAN SLATE. FOR THE LAST COUPLE, THREE YEARS WE HAVE BEEN WORKING TOWARDS THIS MOMENT, PREPARING THINGS.

THE BOND ELECTION, A LOT OF WORK.

IN FRONT OF US, WE HAVE SEVERAL MAJOR PROJECTS THAT WE ARE GOING TO BE DOING THE NEXT YEAR OR TWO.

THE CITY HALL, POLICE STATION, THE SAFETY PUBLIC, THE ROADS.

WE HAVE THE LAWSON DISTRICT COMING IN.

WE HAVE OTHER THINGS GOING ON. WE HAVE A GREAT CITY HERE.

BUT WE ALSO HAVE A MOMENT OF UNCERTAINTY WITH THE ECONOMY AND OTHER THINGS. BUT I AM VERY HOPEFUL FOR WHAT IS IN FRONT OF US AND I KNOW THIS COUNCIL WILL RISE TO THE OCCASION AND THAT WE WILL SERVE THE CITY WELL.

AND AGAIN, I THANK YOU. WITH THAT, I GO TO ITEM

[2022-253]

COUNCIL, I PUT INTO SUBMIT JUSTIN COFFMAN AS MAYOR PRO TEM.

DO I HAVE A SECOND. >> SECOND.

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

COUNCIL MEMBER COFFMAN, YOU ARE NOW THE ELECTED MAYOR PRO TEM.

[2022-254]

>> MAYOR: ITEM 2022-254, CITIZENS TO BE HEARD.

THE COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY NO LESS THAN FIVE MINUTES PRIOR TO THE START OF PLEASE GIVE ME YOUR NAME AND ADDRESS OR THE ORGANIZATION YOU ARE WITH.

ED GAR GARDENER. I KNOW ED.

I SAW ED. WE WILL COME BACK TO ED.

JOHN HAMIKER. >> [INAUDIBLE]

>> MAYOR: OH, HE WAS. YOU'RE RIGHT.

I SHOULD READ. >> [INAUDIBLE].

>> I DIDN'T THINK ABOUT PUSHING THE BUTTON.

DO I NEED TO START OVER? >> MAYOR: CONTINUE, PLEASE.

>> SO WITH LAST FRIDAY'S ANNOUNCEMENT FROM THE SUPREME COURT AND THE OVERTURNING OF THE ROE DECISION AND ABORTION, THAT'S A BIG DEAL. THAT'S A BIG DEAL TO A LOT OF PEOPLE. A LOT OF US CELEBRATED ON FRIDAY. A LOT OF US HAVE REASONS TO CELEBRATE. IF YOU THINK ABOUT IT, A LOT OF BABIES ARE GETTING TO CELEBRATE THAT WOULD NOT HAVE OIZ.

WE HAVE AN OPPORTUNITY IN THE CITY TO MAKE OUR STAND AND YOU GUYS AND LADY AS A REPRESENTATIVE HAVE A RESPONSIBILITY TO REPRESENT US. THERE ARE A NUMBER OF FOLKS THAT I KNOW SUPPORT THIS ORDINANCE AND WHAT IT LOOKS LIKE.

WE CAME A COUPLE MONTHS AGO AND HAD SOME HELP FROM OUTSIDE IN

[00:10:02]

I KNOW YOU GUYS WERE WORKING ON THAT.

THERE'S GOING TO BE A LOT MORE LEGISLATION IN THE UNITED STATES AND IN TEXAS TO TRY AND DO WHAT THE SUPREME COURT UNDID.

THE WRONGS THAT WE PUT UP WITH FOR 50 YEARS.

WE DON'T WANT MIDLOTHIAN TO BE A PART OF THAT.

WE NEED TO GET THAT SETTLED NOW TO WHERE IT IS SETTLED AND WE KNOW OUR CITIZENS KNOW WHERE WE STAND.

WHERE YOU STAND. WE DON'T WANT THIS COME TO REFERENDUM. WE DON'T NEED TO SPEND A LOT OF TIME, A LOT OF MONEY TRYING TO FIGHT OUTSIDE INFLUENCES THAT ARE GOING TO TRY AND SWAY THAT. I WILL SAY, AND I SAID THAT IT IS IMPORTANT TO ME. IT IS IMPORTANT TO A LOT OF US.

A LOT OF US THAT VOTED IN THE LAST -- CONGRATULATIONS, ANN RS, BY THE WAY. THAT TOPIC IS IMPORTANT TO A LOT OF PEOPLE IN THIS CITY. IT IS CONSISTENT WITH, I HOPE, THAT WHAT YOU DO IS CONSISTENT WITH WHAT THE ORIGINAL TEXAS RIGHT TO LIFE VERSION LOOKED LIKE.

THAT HAD A LOT OF GOOD TEETH IN IT, HAD A LOT OF MERIT.

IT HAD THE SUPPORT OF AN ATTORNEY WHO SAID HE WOULD BACK US. I HOPE WHEN WE ARE DONE, WHEN YOU GUYS ARE DONE, WE HAVE A FINAL PRODUCT, IT IS CONSISTENT THAT IT IS DOING WHAT IT WAS INTENDED TO DO.

THANK YOU, MAYOR. I BELIEVE THAT'S ALL I HAVE.

A NUMBER OF US ARE PRAYING FOR YOU AND YOUR GUIDANCE AND WISDOM. THANK YOU.

>> MAYOR: THANK YOU. HUGH REYNOLDS.

>> 503 NORTH FIRST STREET, RIGHT HERE IN TOWN.

I WANT TO ADDRESS ALL OF YOU, MR. MAYOR, COUNCILMEN, COUNCILWOMAN HAMMONDS, CONGRATULATIONS.

I REALLY DON'T HAVE A WHOLE LOT TO SAY BECAUSE JOHN JUST SAID ALL OF IT. BUT I DO WANT TO EMPHASIZE THAT MANY OF US BELIEVE THAT EVEN WITH THE OVERTURN OF ROE V. WADE LAST FRIDAY, A LOT OF PEOPLE THAT THERE IS NO LONGER A NEED FOR A CITY ORDINANCE. QUITE THE CONTRARY.

WE DO NEED A CITY ORDINANCE, NOT JUST HERE, BUT ALL ACROSS THIS STATE AND OTHER STATES. WE NEED PROTECTION NOT ONLY AT THE STATE LEVEL BUT THE CITIES. I WOULD ADD EVEN THE COUNTIES.

WE NEED TO PROTECT OUR FAMILIES, OUR UNBORN, OUR MOTHERS AND I BELIEVE THAT ONE OF THE REASONS THIS IS SO IMPORTANT IS BECAUSE WE DON'T KNOW WHAT THE FUTURE HOLDS AT THE STATE LEVEL.

WE HAVE A GOOD STRONG SET OF LAWS.

WE HAVE THE STATUTES THAT HAVE BEEN HELD IN ABEYANCE BY ROE V.

WADE FOR 49 YEARS. TTHEY ARE NOW BACK IN EFFECT.

THE TRIGGER LAW WHICH KICKS IN 30 DAYS FROM FRIDAY IS ALSO GOING TO ADD ADDITIONAL PROTECTIONS.

SO WE WOULD LIKE TO EMPHASIZE THAT EVERY LAYER OF PROTECTION WE CAN HAVE PROTECTING THE UNBORN AND OUR FAMILIES IS IMPORTANT. FINALLY, AT THE CITY LEVEL, IT IS MY UNDERSTANDING THAT THE STATE CANNOT OVERRIDE OR REPEAL A CITY ORDINANCE WITHOUT OVERTURNING MOST OF ITS STATUTES. SO IF WE PASS THIS ORDINANCE LOCALLY, THEN IT WILL BE -- IT WILL NOT BE SUBJECT TO ANY OVERTURN FROM THE STATE LEVEL. SO WE ARE PROTECTING OURSELVES HERE LOCALLY. SO I THANK YOU ALL FOR YOUR ATTENTION. GOD BLESS YOU ALL.

>> THANK YOU, MR. REYNOLDS. >> MAYOR: THAT IS ALL THE

[CONSENT AGENDA]

DO I HAVE A MOTION. >> MOVE TO APPROVE.

>> SECOND. >> MOTION TO APPROVE, SECONDED.

PLEASE VOTE. CONSENT AGENDA IS APPROVED 7-0.

[2022-258]

[00:15:03]

COUNCIL WICKLIFFE HAS RECUSED HIMSELF FOR POSSIBLE CONFLICT.

>> THANK YOU, AGAIN, MAYOR, AND CONGRATS, AGAIN, COUNCIL MEMBER HAMMONDS. AGAIN, OUR NEXT CASE THIS EVENING IS FOR AGENDA ITEM 20 2022-258, CASE NO. Z18-2022-064. AGAIN, MAYOR, AS YOU STATED, PROPOSED ZONING CHANGE FOR PROPOSED VPD, PROPOSING TO REZONE THE PROPERTY TO UVPD TO ALLOW FOR BASE USES OF A PROPOSED RESIDENTIAL STRUCTURE OR OFFICE USE OR BOTH.

SO, AGAIN, JUST TO GIVE YOU GUYS BACK HISTORY ON THIS PROPERTY.

IT IS AN HISTORICAL STRUCTURE. THE CITY HAS AN HISTORICAL MARKER AT THE FRONT OF THE PROPERTY.

THE PROPERTY WAS CONSTRUCTED IN 1903, QUEEN ANN ARCHITECTURE.

THIS NEXT SLIDE PROVIDES A PARKING LAYOUT.

IT JUST OVER HERE ALONG THE RIGHT-HAND SIDE, YOU SEE THESE OUTLINE SPACES IN RED OR THIS PINKISH COLOR FOR PROPOSED SPACES. TOTAL STRUCTURE IS 4,562 SQUARE FEET. PER THE CITY OF MIDLOTHIAN ZONING ORDINANCE, AN OFFICE SPACE REQUIRES ONE SPACE PER 300 SQUARE FEET. SO IF THE APPLICANT WERE TO USE THE ENTIRE STRUCTURE AS AN OFFICE, IT WOULD REQUIRE 15 PARKING SPACES. HOWEVER, AS YOU SEE ALONG THE LEFT-HAND SIDE, ALSO AS YOU SEE ALONG THE RIGHT-HAND SIDE, THE MAXIMUM OF 14 SPACES. 7 OFF STREET PARKING SPACES WILL BE CONSIDERED ON THE DRIVEWAY AND THEN ALSO 7 ON STREET PARKING SPACES WHICH IS CONSIDERED ALONG THE NORTH SECOND STREET HERE. THE APPLICANT FOR THE OFF STREET PARKING SPACES, WHICH WE WILL TOUCH ON THE NEXT SLIDE, IS PROPOSING CRUSHED ROCK STONE OR DECOMPOSED GRANITE MATERIAL WHICH ESSENTIALLY CURRENTLY EXISTS ON THE PROPERTY NOW.

PER OUR CITY REGULATIONS, WE REQUIRE ALL PARKING SPACES TO BE ON CONCRETE SURFACE. SO THAT WILL BE ONE OF THE VARIANCE REQUESTS THAT THE APPLICANT IS REQUESTING.

SO AGAIN, GOING OVER TO THE NEXT SLIDE, OUR PARKING REGULATIONS REQUIRE ALL PARKING SPACES TO BE ON CONCRETE MATERIAL.

HOWEVER, ON THE OFF-STREET PARKING SPACES, CONSIDERED THE DRIVEWAY ON THE SITE, THE APPLICANT IS PROPOSING EITHER ROCK GRAVEL OR DECOMPOSED GRANITE MATERIAL SUCH AS THAT, WHICH CURRENTLY EXISTS ON THE SITE AND CURRENTLY IS CONSISTENT WITH THE SURROUNDING AREA IN THE DEVELOPMENT.

HOWEVER, FOR CONSISTENCY, STAFF IS RECOMMENDING THAT IT BE CONCRETE. HOWEVER, THE APPLICANT FOR THE ON STREET PARKING SPACES, IF ANY ARE REQUIRED DUE TO AN OFFICE USE, HE IS REQUESTING TO DO -- OR PROPOSING TO DO CONCRETE AS REQUIRED. ANY LANDSCAPING AND FENCING ON THE SITE, THE APPLICANT INTENDS TO SCHE KEEP THE SAME.

NO LANDSCAPING TO BE ADDED. EXISTING WOOD AND BRICK SCREENING WILL BE PRESERVED ON THE SITE AS WELL.

AGAIN, THE TWO VARIANTS THAT THE APPLICANT IS ASKING FOR, TO BE USED AS OFFICE SPACE, IT WILL BE 15 REQUIRED PARKING SPACES.

THE APPLICANT IS PROPOSING 14 SPACES.

THEN ALSO THE MATERIAL THAT WE TALKED, ALL PARKING SPACES PER THE CITY OF MIDLOTHIAN ORDINANCE REQUIRES CONCRETE MATERIAL.

HE IS PROVIDING THAT FOR THE ON STREET PARKING SPACES.

HOWEVER, FOR THE OFF STREET, HE IS REQUESTING TO USE DECOMPOSED GRANITE, ROCK, MATERIAL. AT THE PLANNING & ZONING COMMISSION MEETING ON JUNE 21ST, P&Z COMMISSION VOTED 7-0 TO APPROVE PER THE PLANNING & ZONING COMMENTS.

AS YOU SEE AT THE BOTTOM HERE ARE THE COMMENTS THEY AGREED TO ALLOW TO HAVE THE APPLICANT HAVE MINIMUM 14 PARKING SPACES FOR THE SITE, IF IT REQUIRES THAT. ALSO, OFF STREET PARKING SPACES WILL BE ALLOWED TO HAVE DECOMPOSED GRANITE ROCK MATERIAL, STONE AS REQUESTED BY THE APPLICANT.

HOWEVER, ANY ON STREET PARKING SPACES WILL REQUIRE TO HAVE CONCRETE MATERIAL. THEN LASTLY, ALL OTHER STANDARDS WILL REQUIRE TO MEET THE ORDINANCE AS PRESENTED IN THE CITY COUNCIL PACKET. WE AS STAFF ARE RECOMMENDING APPROVAL. HOWEVER, WE ARE OKAY WITH THE 14 PARKING SPACES. HOWEVER, WE ARE REQUESTING THAT ANY PARKING SPACES ON THE SITE, OFF STREET OR ON STREET REQUIRES

CON CONCRETE MATERIAL. >> MAYOR: IS THE APPLICANT HERE?

[00:20:04]

AND THERE ARE NO SPEAKERS. >> I BELIEVE THE APPLICANT IS

OUT OF TOWN. >> COUNCIL, DO YOU HAVE GHES.

>> QUICK QUESTION FOR YOU, COLBY.

PRETTY MUCH CONSISTENT WITH MIDLO SCOOPS, THEY HAVE GRAVEL

PARKING AS WELL, YES? >> AGAIN, FOR NEW ANY DEVELOPMENT, TECHNICALLY WE REQUIRE THE CONCRETE MATERIAL.

FOR THIS PARTICULAR AREA, IT WOULDN'T BE TOO OUT OF CHARACTER. HOWEVER, THAT'S WHAT OUR

RECOMMENDATION IS COMING FROM. >> THANK YOU.

>> MAYOR: ANY OTHER QUESTIONS. >> DO WE HAVE CONCRETE ON THE STREET AND TO THE PROPERTY AT ALL ON THAT DRIVE?

>> THERE IS CONCRETE MATERIAL ALONG THAT STREET.

HOWEVER, ANY ADDITIONAL SPACES THAT HE ADDS WILL HAVE TO BE --

>> I'M TALKING ABOUT ON THAT DRIVEWAY?

ROCK ALL THE WAY TO THE STREET? >> YES, SIR.

THERE IS NO CONCRETE ALONG THE DRIVEWAY LEADING UP TO THE STREET. ESSENTIALLY, HE IS REQUESTING TO

KEEP THAT THE SAME AS-IS. >> I DO HAVE ONE QUICK QUESTION.

I DROVE BY THE SITE YESTERDAY AND THERE'S HISTORICAL MARKER, THERE'S A LITTLE -- ALMOST LIKE A STREET WAS ADDED.

LARGER PORTION OF THE STREET. THAT'S NOT WHAT WE ARE TALKING

ABOUT FOR PARKING, RIGHT? >> RIGHT.

>> THAT WILL REMAIN ACCESS FOR THE HISTORICAL MARKER.

>> TO CLARIFY ON THE PARKING SPACES, THE REQUIREMENT IS 15 SPACES. COULD HE TECHNICALLY ADD ONE OR MORE, HE COULD. IT WOULD ENCROACH INTO THAT AREA FOR THE HISTORICAL MARKER. THAT'S WHY WE ARE OKAY WITH THE

FOURTEEN SPACES. >> HE IS NOT GOING TO USE THE

HISTORICAL MARKER AREA. >> RIGHT, YES, SIR.

>> MAYOR: IF THERE ARE NO OTHER QUESTIONS, I WILL TAKE A MOTION

TO CLOSE. >> MOTION TO CLOSE PUBLIC

HEARING. >> SECOND.

>> MOTION TO CLOSE, SECONDED. PLEASE VOTE.

THE ITEM IS CLOSED, 6-0. COMMENTS, COUNCIL?

>> MOVE TO APPROVE AS PRESENTED. >> ONE POINT OF CLARIFICATION.

COLBY, I WANT TO MAKE SURE THAT THIS IS CORRECT.

IF YOU LOOK AT SECTION 2E SMALL LETTER D, IT IS SAYING EXISTING DRIVING APPROACH TO THE PROPERTY SHALL BE IMPROVED WITH CONCRETE MATERIAL IN COMPLIANCE WITH THE CITY STANDARDS.

I WANT TO MAKE SURE, IS THIS JUST THE APPROACH? BECAUSE I JUST WANT TO MAKE SURE THAT WE ARE IN AGREEMENT WITH WHAT THE APPLICANT IS EXPECTING, BECAUSE, IT IS SAYING THE DRIVEWAY APPROACH, WHICH TYPICALLY WE DO REQUIRE, EVEN IF WE WERE ALLOWING ALTERNATIVE MATERIAL, THE APPROACH IS CONCRETE. I WANT TO MAKE SURE WE ARE IN AGREEMENT WITH WHAT THE APPLICANT'S EXPECTATIONS AND WHAT COUNCIL IS APPROVING. IF NOT, THEN WE NEED TO CHANGE -- IF THE COUNCIL IS OKAY WITH GRAVEL ALL THE WAY TO THE STREET, AS IT LOOKS LIKE IT IS TODAY, THEN I THINK WE NEED TO

CHANGE THAT LETTER D. >> UNDERSTOOD.

>> I UNDERSTOOD IT IS CURRENTLY GRAVEL TO THE STREET AND HE WANTS TO KEEP IT THAT WAY. ANY ON-STREET PARKING WILL BE CONCRETE. BUT ON PROPERTY PARKING FROM THE DRIVEWAY TO THE SPACES WILL BE GRAVEL.

>> WHOEVER MAKES A MOTION OR WANTS, IF THAT'S WHAT YOUR EXPECTATION, I WANT TO MAKE SURE THAT IS CLEAR TO MAKE SURE THAT OURS AGREES WITH -- THE ORDINANCE REFLECTS.

>> JUST TO REPEAT IT. LOOKING HERE AT THE BOTTOM, THE TWO DEVIATIONS FOR -- IF EVERYTHING WAS GOING TO BE USED AS OFFICE SPACE, THE MINIMUM REQUIREMENT FOR PARKING WOULD BE 15 SPACES. WE AS STAFF ARE OKAY WITH 14 SPACES. THE OTHER VARIANCE REQUEST, WE REQUIRE THAT ANY PARKING SPACES REQUIRE CONCRETE MATERIAL.

HOWEVER, THE APPLICANT IS OKAY WITH PROVIDING ON STREET PARKING SPACES AS CONCRETE. HOWEVER, THE ACTUAL OFF STREET WHICH CONSISTS OF THAT DRIVEWAY AND WHAT CHRIS MENTIONED A SECOND AGO, HE IS REQUESTING DECOMPOSED ROCK, GRANITE

MATERIAL OR STONE. >> I THINK WE NEED TO HAVE

CONCRETE APPROACH. >> I WANT TO CLARIFY SOMETHING ELSE. E1A IS STIPULATING THAT ALL OFF-STREET OR ON-STREET PARKING, JUST THE STALLS, WILL BE CONCRETE. SO THAT WOULD MEAN THAT EVEN THE 7 THAT ARE ON SITE AND THE OFF SITE ON THE STREET --

[00:25:04]

>> I WAS ABOUT TO SAY ALL THAT. >> I JUST WANT TO MAKE SURE THAT OUR MOTION AGREES, BECAUSE THE WAY IT IS RIGHT NOW, I THINK IN THE WAY IT IS DRAFTED, THE DRIVEWAY WOULD BE GRAVEL BUT THE APPROACH AND ALL 14 SPACES WOULD BE CONCRETE.

THE WAY THE ORDINANCE IS WRITTEN.

>> CORRECT. >> WE NEED TO CLARIFY THAT.

>> BEFORE A MOTION, THE OFF STREET -- FOR CONSISTENCY AND FOR THE NEIGHBORHOOD, I'M FAVORABLE TO GRAVEL FOR THE OFF

STREET. >> I WOULDN'T BE OPPOSED TO GRAVEL. IF HE IS SAYING HE HAS NO OPPOSITION TO CONCRETE FOR THE DIRECT STREET CONNECTION PARKING THERE, THOSE NINE-ISH SPOTS, I'M GOING TO TAKE THE CONCRETE.

>> YES, FOR THE OFF STREET SPARKING.

PARKING. >> I WILL MAKE THE MOTION WHEN

YOU ARE READY. >> WE MAY WANT TO CHIME IN.

>> I MOVE TO APPROVE WITH THE EXCEPTIONS STATED THAT ANY ON-PROPERTY, OFF-STREET PARKING, BE GRAVEL FROM THE ROAD ALL THE WAY TO EACH AND EVERY PARKING STAL.

STALL. ANY ON-STREET PARKING BE CONCRETE AND WITH THE VARIANCE IN THE PARKING COUNT FROM 15 TO

14. >> I WILL SECOND THAT MOTION.

>> WE HAVE A MOTION. TO APPROVE.

>> AND SECOND. >> AND SECONDED.

TO ALLOW FOR PARKING FOR 14 CARS.

THE ON-STREET PARKING WILL BE CONCRETE.

THE DRIVEWAY WILL BE GRAVEL. AND THE OFF-SITE SLOTS WILL BE GRAVEL. HAVE I SAID IT CORRECTLY.

SO PLEASE VOTE. ITEM PASSES 6-0.

THANK YOU, COLBY. OPEN ITEM, 2022-259 CONDUCT A

[2022-259]

GEORGE HOPPER ROAD. >> THANK YOU, MAYOR, AGENDA ITEM 259, CASE NO. Z22-2022-88.

MIDTOWN MASTER PLAN. MAYOR, I DO WANT TO GIVE A QUICK NOTICE. WE WILL GIVE A QUICK SUMMARY AND STATE WHAT P&Z SAID. THE APPLICANT HAS A MORE IN-DEPTH PRESENTATION. FYI TO THE COUNCIL.

QUICK OVERVIEW, A PROPOSED -- EXISTING MIXED USE PLANNED DEVELOPMENT 42. SO AGAIN, THIS NEXT SLIDE GIVES AN OVERALL SCOPE OF THE PROPOSED PLAN.

TOTAL DEVELOPMENT AREA IN QUESTION JUST OVER 67 ACRES.

7 ACRES IS GOING TO CONSIST OF MIXED USE.

48.5 BEING SINGLE FAMILY RESIDENTIAL, JUST UNDER 11.5 ACRES BEING COMMERCIAL USE AS WELL AS TWO ADDITIONAL PARKS.

AS THE APPLICANT KIND OF GIVES HIS DETAILED PRESENTATION, HE WILL TOUCH ON SOME PROJECTS THAT ARE CURRENTLY UNDER CONSTRUCTION, WHETHER IT BE THE SKILLED NURSING SITE, DILLONWAY BEING THE ROADWAY. RECENT PROJECTS, THE APPROVED GROWING IN GRACE DAY CARE. EVEN WITH THE MODIFICATIONS, WE AS STAFF FEEL THE USE IS CONSISTENT WITH THE PD AND ARE SUPPORTIVE OF THE REQUEST. WE DID RECEIVE THREE LETTERS OF SUPPORT AND TWO LETTERS OF OPPOSITION FORLE DEVELOPMENT FOT

[00:30:04]

THAT CONCLUDES STAFF'S PRESENTATION FOR THIS CASE.

>> GOOD EVENING. SHANE HEMSTER, 431 MCALPIN ROAD.

WOULD LIKE TO SAY CONGRATULATIONS TO COUNCILWOMAN HAMMONDS AND CONGRATULATIONS TO JUSTIN COFFMAN FOR MAYOR PRO TEM. LOOKING FORWARD TO WORKING WITH YOU GUYS IN THE FUTURE. WE ARE HERE TONIGHT AND THANK YOU FOR HEARING US TO AMEND OR UPDATE THE MIDTOWNE MASTER PLAN FROM THE ORIGINAL APPROVED VERSION IN 2007.

WE HAVE HAD MULTIPLE COMMUNITY MEETINGS WHERE I HAVE PRESENTED THIS PLAN TO THE MIDTOWNE RESIDENTS.

WE HAVE PRESENTED IT TWICE NOW TO P&Z.

FINALLY HERE TONIGHT WITH COUNCIL.

I WOULD LIKE TO START BY JUST GIVING AN UPDATE OF WHERE WE CURRENTLY ARE WITH MIDTOWNE AND WHAT'S ALREADY BEEN APPROVED AND WHAT'S UNDER CONSTRUCTION. JUST TO BRING EVERYBODY UP TO SPEED. SO PHASE 8 AND PHASE 9, WHICH BOTH CONSIST OF RESIDENTIAL LOTS, HAVE ALREADY BEEN APPROVED THROUGH THE CITY. PHASE 8 LAST WEEK, THE FINAL PLAT WAS APPROVED. ALL THE INFRASTRUCTURE IS IN.

THE ROADS ARE IN. WE ARE SELLING RESIDENTIAL LOTS THERE NOW. AND WE WILL START BUILDING SOON.

PHASE 9, WHICH IS 38 LOTS, THE INFRASTRUCTURE IS GOING IN.

STORM IS COMPLETE. THE REST OF DILLON WAY IS ALL ROUGH GRADED. ALL THE INFRASTRUCTURE IS IN.

WE WILL START PAVING THE NEXT MONTH OR SO.

THE RETENTION PONDS ARE CURRENTLY IN.

PHASE 9 LOTS WILL START BUILDING ON THOSE PROBABLY THE NEXT MONTH AND A HALF. SO WE ARE MOVING ALONG QUICKLY ON PHASE 8 AND PHASE 9. PHASE 8, JUST SO WE ARE ALL AWARE, IS BACK BEHIND THE ORIGINAL PHASE.

THIS IS SKY LANE THAT COMES THROUGH HERE.

AND THEN PHASE 9 IS RIGHT OFF OF THE NEW DILLON WAY, OFF OF 14TH STREET. THE SKILLED NURSING FACILITY IS CURRENTLY UNDER CONSTRUCTION, WHICH I'M SURE YOU HAVE SEEN RIGHT ACROSS FROM THE HIGH SCHOOL.

THEIR SCHEDULE TO COMPLETE IN OCTOBER AS THE TURNOVER DATE.

PROBABLY OPENING IN NOVEMBER. BUT THEY ARE MOVING ALONG QUICKLY. DILLON WAY, THIS IS AN OLD PICTURE, FIRST 500 FEET OF DILLON WAY IS INSTALLED.

STORM WATER, SEWER, WATER, EVERYTHING IS IN.

ALL THE PAVING IS IN. THAT ACCESS IS FROM 9TH RIGHT PAST THE SKILLED NURSING FIVE ACRES.

AND THEN THAT'S THE FIRST 500 FEET.

WE ARE PICKING IT UP FROM THERE WHICH IS UNDER CONSTRUCTION TO CONNECT IT TO 14TH. THAT WILL BE DONE IN THE NEXT COUPLE OF MONTHS. THE GROWING IN GRACE DAY CARE WAS APPROVED THROUGH P&Z AND COUNCIL ABOUT TWO MONTHS AGO.

WE JUST WRAPPED UP PLANS FOR THE BUILDING AND THE CIVIL ENGINEERING. WE ARE SUBMITTING LATER ON THIS WEEK, PROBABLY FOR PERMIT REVIEW.

WE HAVE ALREADY MET WITH CITY STAFF AND ENGINEERING ON THE RIGHT-OF-WAY, WHICH I WILL SHOW ON THE MASTER PLAN HERE.

IT CONNECTS DIRECTLY ACROSS FROM THE EXISTING MHS PARKING LOT ENTRANCE AND COMES DOWN TO ABIGAIL WAY WHICH IS HERE.

SO THAT ROAD WILL BE SUBMITTED TO TXDOT AND TO THE CITY IN THE COMING WEEK. SO MIDTOWNE OVERALL, THIS IS THE ORIGINAL APPROVED MASTER PLAN FROM 2007.

MIDTOWNE AS A WHOLE CONSISTS OF LITTLE OVER 131 ACRES.

LITTLE OVER 64 ACRES IS CURRENTLY BUILT.

67 ACRES REMAINING. AND THAT'S WHAT WE ARE HERE FOR TONIGHT, IS JUST TO UPDATE. SINCE WE ARE ABOUT HALFWAY THROUGH DEVELOPMENT, JUST TO UPDATE THE MASTER PLAN WITH THE CITY. SO THE ORIGINAL APPROVED PLAN HAD 449 RESIDENTIAL LOTS. THE CURRENT PLAN, WHICH I WILL SHOW IN A MINUTE -- I'M SORRY. CURRENTLY WE HAVE 157 LOTS BUILT OUT. ON THE CURRENT APPROVED PLAN, WE HAVE 2 292 LOTS AYE LOUD TO BILLED.

ALLOWED TO BUILD. WE ARE PROPOSING TO DECREASE THE

[00:35:03]

I WILL QUICKLY GO THROUGH AND ADDRESS EACH ONE OF THOSE.

I THINK YOU WILL SEE GOING THROUGH THERE THAT THE MASTER PLAN HASN'T CHANGED MUCH. IT HAS JUST SHIFTED SLIGHTLY.

SO HERE'S A SIDE BY SIDE COMPARISON OF THE 2007 PLAN VERSUS THE CURRENT PROPOSED PLAN.

AGAIN, I WILL ADDRESS EACH ONE OF THESE MODULES INDIVIDUALLY.

BUT THE CURRENT PROPOSED PLAN, WE ARE ADDRESSING THE 67 ACRES.

WE ARE REQUIRED PER THE CURRENT PD TO ADD TWO MORE PARKS WHICH ARE IN THE NEW PLAN. ORIGINAL PD42 REQUIRED US TO HAVE THREE PARKS. ONE HAS BEEN BUILT, BROOKLYN PARK. THE OTHER TWO WILL BE IN THE FUTURE PHASES. WE DID INCREASE THE GREEN SPACE IN THE ORIGINAL APPROVED PLAN. WE HAD LITTLE OVER 11 ACRES OF GREEN PARK TRAIL AREA. IN THIS ONE, WE HAVE A LITTLE OVER 12 ACRES. SO THAT ADDITIONAL ACRE DID CONTRIBUTE TO THE DECREASE IN DENSITY.

AGAIN, WE HAD 292 TOTAL REMAINING LOTS APPROVED IN THE CURRENT PLAN. IN THE PROPOSED PLAN, WE ARE PROPOSING 247. WE ARE DECREASING THE DENSITY BY 45 RESIDENTIAL LOTS. SO I WILL START WITH MODULE A WHICH IS THE NORTHWEST CORNER OF GEORGE HOPPER AND 14TH STREET RIGHT BEHIND FUZZIE'S. WE HAVE THE DOUGHNUT SHOP, THE CLEANERS, FUZZIE'S, THE FOUR PLEXES WHICH ARE MIXED USE THAT ARE RIGHT HERE. CURRENTLY CONSTRUCTED.

THE BACK HALF OF THAT PROPERTY IS VACANT.

SO IN THE ORIGINAL 2007 PLAN, WE HAD EIGHT BROWN STONES PROPOSED THERE PLUS OFFICE RETAIL FACING 14TH STREET.

WHAT WE ARE PROPOSING IN THIS ONE IS TO ELIMINATE THE EIGHT BROWNSTONES, REPLACE THEM WITH FIVE WORK/LIVE UNITS.

THESE WOULD BE SMALL THREE HUNDRED OR SO SQUARE FEET OFFICES IN THE FRONT AND SINGLE FAMILY RESIDENTIAL THIS THE B BACK. AND THEN THESE FOUR WOULD BE WORK/LIVE UNITS AS WELL. 700 SQUARE FOOT SMALL WORK/LIVE UNITS. THESE WOULD BE PERSONAL SERVICE COMING DOWN TO THE HARD CORNER. THE MAIN DIFFERENCE, ORIGINALLY WHEN WE PROPOSED THIS, WE DID NOT HAVE THIS CONNECTOR ROAD IN HERE. BUT GOING BACK TO THE ORIGINAL PLAN, WE DID. SO IN TALKING WITH CITY STAFF AND ENGINEERING AND LISTENING TO THE RESIDENTS WHEN I TOOK THIS IN FRONT OF THEM, THE MAIN CONCERN HERE, THE TWO LETTERS OF OPPOSITION THAT THE CITY DID RECEIVE, CONCERNED PARKING AND TRAFFIC FLOW, ESPECIALLY IN THIS AREA.

SO WHAT WE DECIDED TO DO, AMEND THE MASTER PLAN TO COMPLY WITH THE ORIGINAL AND CONTINUE SKY LANE ALL THE WAY THROUGH TO 14TH. WE ARE CROSSING THE DRY CREEK AT THIS POINT. BUT IT WILL ELIMINATE A LOT OF THE TRAFFIC ISSUES THROUGH HERE BY GIVING A SECOND MEANS OF EGRESS INTO THIS SITE. IT ALLOWS US TO ADD MORE PARK.

SO IN THIS CURRENT CONCEPT PLAN, WE ARE PROPOSING TO DO THAT.

WE ARE ADDING ADDITIONAL PARKING, SO WITH THIS CHANGE TO THE CURRENT MASTER PLAN, WE WILL ACTUALLY INCREASE THE PARKING OVER WHAT'S REQUIRED PER CITY ORDINANCE.

WE MEET CODE CURRENTLY WITH THE NEW USES, WE ARE REQUIRED TO HAVE 56 STALLS. WE ARE ADDING 60.

AGAIN, THIS SECOND MEANS OF EGRESS TO HELP ELIMINATE THE TRAFFIC FLOW. OR THE TRAFFIC ISSUES IN THAT AREA. MOVING ON TO MODULES B AND C, THIS IS THE OPPOSITE CORNER OF GEORGE HOPPER AND 14TH.

SO MODULE B IS THIS HARD CORNER, FREEMAN CPA OFFICE, THIS IS THE PHARMACY. WE ARE PROPOSING SOME MICRO RETAIL IN THIS AREA. AGAIN, WE MEET CURRENT PARKING REQUIREMENTS WITH THE EXISTING LAND ON THE MICRO RETAIL.

BACK BEHIND THE PHARMACY, THIS LAND WE HAVE ACTUALLY SOLD TO ANOTHER DEVELOPER. HE HAS HIRED ME TO HELP HIM DEVELOP THIS PROPERTY BUT IT IS NOT OWNED BY MIDTOWNE CURRENTLY.

WE ARE PROPOSING MIXED USE HERE SIMILAR TO THE FOUR PLEXES THAT ARE DIRECTLY ACROSS THE STREET. SO HE WILL BE -- SINCE THEY ARE NOT ON A HARD CORNER, WE ARE NOT ANTICIPATING A LOT OF RETAIL THERE. THEY WILL BE MORE OFFICE USE WITH RESIDENTIAL ABOVE. SO THAT'S WHAT WE ARE PROPOSING

[00:40:01]

WE ARE ADDING ON-STREET PARKING. THIS PARKING IS EXISTING, ALL OF THIS IS EXISTING. WE ARE ADDING PARKING ON COLE AND FEW PARALLEL SPACES ON ALEX. AND THE ORIGINAL APPROVED PLAN, THIS IS WHERE THE ASSISTED LIVING WAS PROPOSED.

WE FLIPPED IT FROM THIS CORNER ON GEORGE HOPPER AND 14TH OVER TO 9TH AND GEORGE HOPPER, WHICH IS ALREADY INSTALLED.

THEN BASICALLY WE TOOK THIS RETAIL, WHICH WAS PROPOSED AT 9TH AND GEORGE HOPPER, MOVED IT OVER HERE TO 14TH AND GEORGE HOPPER. IT IS STILL CONSISTENT WITH THE ORIGINAL PLAN, JUST FLIPPED. SO MODULES D AND E, D IS DIRECTLY BEHIND -- THIS IS RIVER RANCH DENTAL.

THIS IS THE ORTHODONTIST, THIS IS THE CHURCH ON THE HARD CORNER. THIS IS A REALLY SMALL VACANT PARCEL RIGHT NOW. 8, 9 MONTHS AGO I BROUGHT THIS BEFORE P&Z AND PROPOSED TOWNHOMES THERE.

THE RESIDENTS HAD SOME ISSUES WITH THAT AND WE ENDED UP GETTING DENIED AT P&Z, I DIDN'T COME BEFORE COUNCIL WITH IT.

SO WE HAVE AMENDED THE MASTER PLAN TO GO IN WITH A -- THE LIGHTER USE WHICH WOULD BE OFFICE.

TWO SMALL MULTITENANT OFFICE BUILDINGS BACK HERE.

AGAIN, WE EXCEED THE PARKING REQUIREMENTS PER CITY ORDINANCE.

WE ARE REQUIRED TO HAVE 26 PARKING STALLS AND WE ARE INSTALLING 36. AGAIN, THAT'S JUST LISTENING TO THE RESIDENTS AND SOME OF THE EXISTING BUILDING OWNERS, THE TITLE COMPANY, THE ORTHODONTIST, THE DENTIST, THAT PARKING IS CONGESTED. WE ACTUALLY AN ADDED TEN MORE ADDITIONAL SPACES TO ALLEVIATE THAT CONCERN.

THAT WILL BE WHAT WE ARE PROPOSING ON MODULE D.

MODULE E, WHICH IS DIRECTLY ACROSS FROM THE HIGH SCHOOL AND NEW DYLAN WAY HERE. THIS IS A PROPERTY MIDTOWNE HAS SOLD. IT IS OWNED BY SOMEBODY ELSE BUT I'M DEVELOPING IT FOR THEM. WE ARE PROPOSING AGAIN MIXED USE DEVELOPMENT. THESE ARE 11 TOWNHOMES OR BROWNSTONES, WHICH WE HAVE PLENTY LEFT OVER BY RIGHT IN THE ORIGINAL PD, THIS WILL BE MIXED USE, OFFICE RETAIL ON THE HARD CORNER OF 9TH AND DILLON. THE MAIN CONCERN WAS PARKING, TRAFFIC KNOW. WE WENT OVERBOARD TO ACCOMMODATE THAT ON THESE NEW DEVELOPMENT PARCELS.

AND THEN THE LARGEST TRACT IS FURTHER SOUTH.

SO THIS WILL BE SOUTH OF THE NEW DYLAN GOING ALL THE WAY DOWN TO THE WATER TOWER AND THE ELECTRIC PLANT.

SKILLED NURSING, WHICH IS HERE, CURRENTLY UNDER CONSTRUCTION IS APPROVED AND THEN THE GROWING IN GRACE DAY CARE TO THE SOUTH HERE, WHICH IS CURRENTLY APPROVED AND WILL BE SUBMITTED FOR PERMIT SOON. THIS IS THE NEW RIGHT-OF-WAY THAT WE ARE CURRENTLY SUBMITTING FOR PERMIT AND INSTALLING THAT WILL ACCESS THE SKILLED NURSING AND THE DAY CARE.

ALL OF THOSE HAVE ALREADY BEEN APPROVED BY THE CITY.

I DO WANT TO JUST BACK UP REALLY QUICK.

SO THE DAY CARE IN THE ORIGINAL PLAN WAS ON THE 14TH STREET SIDE. WE JUST MOVED IT TO THE 9TH STREET SIDE. ALL OF THESE, AGAIN, WERE ORIGINAL APPROVED USES IN THE MASTER PLAN.

WE JUST FLIPPED THEM FROM ONE SIDE TO THE OTHER.

SO IN THE ORIGINAL 2007 APPROVED PLAN, THIS WHOLE MODULE, WHICH WE ARE CALLING MODULE F, WAS SINGLE FAMILY RESIDENTS, BROWNSTONES, EIGHT ACRE SCHOOL SITE THAT DON FLOYD CONNECTOR ROAD WHICH CONNECTS 9TH TO 14TH. AND THEN THE PARKS, SLIP ROADS AND SOME OFFICE SITES WHICH WERE LOCATED HERE.

SO IN THE NEW PROPOSED PLAN, WE ARE STILL KEEPING WITH THE OVERALL DESIGN INTENT OF THE ORIGINAL APPROVED PLAN, SO ALL OF THIS WILL BE ALL SINGLE FAMILY RESIDENTIAL AND BROWNSTONES. WE HAVE BROWNSTONES ALONG DYLAN AND BACK BEHIND THE SKILLED NURSING AND THEN BROWN STONES HERE ALONG THE NEW DON FLOYD CONNECTOR WHICH, AGAIN, IS IN KEEPING WITH THE ORIGINAL PLAN OF KEEPING THE BROWNSTONES ON MAJOR ROADS. THEN THE INTERIOR, WE ARE

[00:45:04]

WE ARE KEEPING THE MAIN KIND OF CENTRAL PARK THEME AND WE ARE INCREASING IT IN SIZE, THAT COMES RIGHT DOWN THROUGH THE MIDDLE. THIS IS ABIGAIL WAY HERE, WE ARE EXTENDING IT DOWN WITH THE CENTRAL PARK GREEN AREA.

WE WILL HAVE A PARK AND -- OOPS, DID I LOSE CONTROL? LET ME GET BACK OVER THERE. SO WE HAVE THE GREEN BELT, CENTRAL PARK AREA. AGAIN, PLAYGROUND PARKS ON EITHER SIDE WITH THE GREEN FILLED IN THE MIDDLE FOR SOCCER FIELDS, WHATEVER. THERE WILL BE WALKING TRAILS COMING DOWN THROUGH HERE. AND THEN THE EIGHT ACRE SCHOOL SITE, WE ARE MAINTAINING THE SAME EIGHT ACRES IN A BUILDABLE AREA. WE ARE PROPOSING TO RELOCATE IT WHERE BEFORE IT WAS IN THE CENTRAL AREA.

WE RELOCATING IT CLOSER TO DON FLOYD TO KEEP THE COMMERCIAL USES AT THIS HARD CORNER INSTEAD OF RIGHT IN THE MIDDLE.

IN THE ORIGINAL PD, MISD DID HAVE THE RIGHT OF FIRST REFUSAL TO PURCHASE THIS LOT. THEY DECIDED NOT TO AND TO GO ACROSS THE STREET WHERE THE NEW BASEBALL FIELDS AND GR IRVING ARE LOCATED. SO THAT CLAUSE IN THE ORIGINAL PD IS EXPIRED. SO THERE WAS SEVERAL USES THAT WERE ALLOWED. A CHURCH USE, INSTITUTIONAL USE, A CORPORATE STYLE CAMPUS OFFICE USE.

WE ARE ASKING FOR THOSE USES TO BE EXPANDED IN THIS REVISION TO ALLOW MORE COMMERCIAL USES. SO MEDICAL OFFICE.

WE ARE GETTING A LOT OF CALLS AND A LOT OF NEED NOW THAT THE HOSPITAL IS OPEN TO HAVE MEDICAL PROFESSIONAL OFFICES ALONG THIS CORRIDOR. EASY ACCESS TO THE HOSPITAL.

WE ARE ASKING FOR THAT TO BE ALLOWED.

TO SERVICE THOSE OFFICES, MAYBE A RESTAURANT AND SOME RETAIL HERE ON THE FRONT. THEN THE SAME USES THAT WERE ALLOWED IN THE ORIGINAL PD, CHURCH AND CORPORATE-STYLE CAMPUSES. WE ARE ASKING FOR THOSE USES TO BE OPENED UP FOR THIS ADDITIONAL EIGHT ACRE TRACT HERE.

ON THE LOT DENSITY, AGAIN, ON THIS PARTICULAR PORTION, WE ARE NOT ASKING TO INCREASE THE BROWNSTONES.

THAT WAS A TOPIC THAT CAME UP WITH P&Z.

THEY DID NOT WANT MORE TOWNHOMES AND WE ARE NOT ASKING FOR AN INCREASE IN TOWNHOMES. WE ARE ACTUALLY ONE LESS.

WE ARE ALLOWED 56 ADDITIONAL, WE ARE ASKING FOR 55.

SO WE ARE ONE LESS THERE. WE ARE ASKING FOR AN INCREASE IN THE COTTAGE LOTS WITH THIS NEW DEVELOPMENT.

BUT, AGAIN, OVERALL, WE ARE REDUCING THE DENSITY BY 45 LOTS.

THERE ARE A FEW OTHER NOTE KEEPING ITEMS THAT WERE IN THE PD. ONE IS A TYPO WITH THE ROOF PITCH, IT SAYS 5:15 IN THE ORIGINAL.

THAT IS NOT POSSIBLE. WE ARE ASKING FOR THAT TO BE CORRECTED TO 5:12. WE ARE ASKING FOR SLIDING GLASS DOORERS WHICH WERE NOT ADDRESSED IN THE ORIGINAL PD ON THE REAR OF THE HOUSES TO BE ADDED. THAT'S JUST TO OPEN UP INDOOR/OUTDOOR LIVING SPACE WHICH IS A VERY POPULAR HOME DESIGN NOW. AND THEN WE ARE CORRECTING SOME OF THE SIDE YARD SETBACKS FROM EIGHT FEET TO SEVEN AND A HALF.

THE OTHER THINGS REMAIN THE SAME.

AND THAT'S KIND OF IT IN A NUTSHELL.

I KNOW I WENT THROUGH THAT PRETTY QUICK.

I'M HERE TO ANSWER QUESTIONS. I DO WANT TO INTRODUCE, IF THE COUNCIL WILL ENTERTAIN ME, WE DO HAVE THIS 48 ACRES UNDER CONTRACT WITH A RESIDENTIAL DEVELOPER.

NOTHING CHANGES WITH ANY OF THE DESIGN GUIDELINES OR ANYTHING.

THAT'S IN THE ORIGINAL PD, BUT I KNOW THAT THAT'S BEEN SOME RESPONSE FROM THE RESIDENTS. I HAD MENTIONED THAT TO P&Z.

HE IS HERE TONIGHT. I WOULD LIKE HIM TO ADDRESS THE COUNCIL AND ANSWER ANY QUESTIONS.

BUT, AGAIN, THE NEW DEVELOPER THAT IS BUYING SOME OF THIS LAND IS COMPLETELY ON BOARD WITH THE MIDTOWNE DESIGN GUIDELINES, CANNOT DEVIATE FROM THAT. SO I WANT TO PUT THAT TO REST.

THERE'S BEEN SOME G GRUMBLINGS D RUMORS ABOUT THAT.

ALL THE MIDTOWNE STANDARDS ARE IN EFFECT REGARDLESS OF WHO IS

COMING IN TO BUILD. >> MR. FEMSTER, IF I MAY, WHAT

DEVELOPER IS THAT? >> IT IS HINES.

THEY ARE DOING OTHER DEVELOPMENT IN MIDLOTHIAN.

>> I'M GLAD TO HEAR YOU SAY THE LAST PART, HE IS IN ALIGNMENT

[00:50:01]

WITH YA'LL'S -- >> YEAH, AND JEFF IS HERE TONIGHT. I WOULD LIKE TO BRING HIM UP.

HE CAN ANSWER ANY QUESTIONS. BUT, YES, HINES IS THE DEVELOPER THAT'S PURCHASING A PORTION OF THIS LAND.

WE ARE KEEPING THE COMMERCIAL TO DEVELOP IT OURSELVES.

BUT, YES, ALL THE MIDTOWNE GUIDELINES STAY IN EFFECT.

>> IS THAT THE PORTION BEHIND THE DRUGSTORE?

>> NO, NO. >> OR IS THAT THE SECOND --

>> THAT'S THIS MODULE F. SO THIS RESIDENTIAL PIECE AND THESE PARKS ARE GOING TO BE HINES.

>> WHAT DEVELOPER IS BEHIND THE DRUGSTORE?

>> I'M HELPING THEM DEVELOP IT. THE CANYON CREEK BOUGHT THE LAND. THIS PORTION -- THIS IS STILL US, MIDTOWNE. THE MICRO RETAIL.

WE ARE DOING THAT. CANYON CREEK BOUGHT THIS PORTION RIGHT HERE, RIGHT BEHIND THE PHARMACY.

AND THEN ANOTHER REAL ESTATE INVESTOR, THIS PORTION RIGHT HERE. THIS THREE ACRES.

ANOTHER REAL ESTATE INVESTOR BOUGHT THIS.

>> WHAT WAS YOUR THOUGHT PROCESS, MOTIVATION FOR FLIPPING. YOU SAID YOU FLIPPED A COUPLE, THREE THINGS FROM 14TH OVER TO 9TH STREET.

WHAT WAS YOUR THOUGHT. >> WELL, THE ASSISTED LIVING FLIPPED MANY YEARS AGO HERE. SO THAT WAS JUST A NATURAL PROGRESSION OF WHEN THEY CAME IN TO BUY IT, THEY WANTED TO BE ON THE 9TH STREET SIDE INSTEAD OF THE 14TH.

SO THAT WENT THROUGH THE CITY AND WAS APPROVED.

SIMPLY BECAUSE THE PEOPLE WHO DEVELOPED THE ASSISTED LIVING WANTED TO BE ON THE OTHER SIDE, INSTEAD OF ON THE 14TH STREET SIDE. SO WHAT WE DID IS TAKE -- SINCE THIS WAS ALREADY DEVELOPED, WE JUST TOOK THIS RETAIL AND THEN

MOVED IT BACK OVER HERE. >> AND MODULE A, YOU HAVE YOUR WORK RESIDENTIAL UNITS. HOW LARGE ARE THEY?

>> SO THESE -- >> THE FIVE TO THE LEFT.

>> THESE FIVE TO THE LEFT ARE ABOUT 1600 SQUARE FEET PLUS SOME OFFICE IN THE FRONT. THE OFFICE IS ABOUT 300 SQUARE FEET. SO ABOUT 2,000 SQUARE FEET.

>> GIVE ME AN EXAMPLE OF SOMEBODY WHO WOULD ACQUIRE ONE

OF THOSE UNITS? >> THE BACK, THE 1700 SQUARE FEET IS BASICALLY A THREE BEDROOM TWO BATH.

SO IT WOULD BE ANY SMALL -- >> TWO-STORY ON THE BACK.

>> JUST ONE. >> JUST ONE STORY.

JUST ONE LEVEL. >> SO THE TENANT, THE OCCUPANTS

COULD BE DIFFERENT? >> NO.

>> OR YOUR ASSUMPTION -- >> IT WOULD BE SINGLE FAMILY.

SOMEBODY WHO HAS MAYBE A YOUNG PROFESSIONAL THAT ALSO IS AN ENTREPRENEUR AND HAS AN AT-HOME OFFICE.

SO THE FRONT PART, I WOULD LIVE IN ONE OF THESE.

I HAVE MY OFFICE OUT OF MY RESIDENTS BUT I HAVE A SEPARATE ENTRANCE. THE FRONT HERE, ON THE PARKING, WOULD BE ABOUT THREE OR SO HUNDRED SQUARE FOOT OFFICE WITH OWN PROFESSIONAL ENTRANCE. THE RESIDENTS COME INTO THE BACK

FOR SINGLE FAMILY. >> I'M NOT SAYING I DON'T LIKE THAT PART, BUT JUST TO PUT THAT INTO PERSPECTIVE, 300 SQUARE FEET IS SMALLER THAN TWO-CAR GARAGE.

THAT IS SMALL. >> IT WOULD BE A SINGLE PERSON OFFICE. BUT THEY DO HAVE A BATHROOM IN THERE. SO WE ARE STILL DEVELOPING THE FLOOR PLAN, WHICH OBVIOUSLY NEEDS TO COME BACK TO YOU GUYS.

THIS IS JUST THE MASTER PLAN. THE FRONT 300, 350 SQUARE FEET WOULD HAVE AN ADA ACCESSIBLE BATHROOM AND OPEN AREA FOR DESK AND OFFICE TO ENTERTAIN CLIENTS. IT IS MEANT FOR ARCHITECT, INTERIOR DESIGNER, SINGLE PERSON LAW FIRM.

SMALL COMPANIES. >> IT IS A HOME OFFICE.

>> IT IS A HOME OFFICE, YEAH. >> YOUR COTTAGES, THEY ARE

AROUND 1200, 1300 SQUARE FEET. >> FOR THE HOME.

>> THE COTTAGE. >> SO THE COTTAGE LOTS ARE 4600 SQUARE FEET AND IN THE ORIGINAL PD, WHICH WE ARE NOT VARYING

FROM -- >> THE UNITS.

>> SO THE UNITS THEMSELVES ON THE COTTAGE, THE LOTS ARE 4200.

ACTUALLY, WE ACTUALLY INCREASED THAT SIZE TO THE 4800.

WE INCREASED THE DEPTH. THAT TOOK UP PART OF THE DENSITY ISSUE. IN THE ORIGINAL PD, THEY WERE 40 BY 110, WE ARE INCREASING THEM TO 40 BY 1 115.

[00:55:04]

>> AND SQUARE FOOTAGE. >> 1299 TO 1599.

>> AND WHO IS YOUR TARGET AUDIENCE.

HOW MUCH ARE THEY SELLING FOR? >> IS THAT APPROPRIATE TO ASK.

>> WE HAVE A LOT OF COTTAGE LOTS IN THE EXISTING MIDTOWNE THAT

HAVE BEEN DEVELOPED. >> CURIOUS, WHO IS THE MARKET

FOR THOSE SMALL COTTAGES? >> I WILL LET -- THIS IS JEFF.

I WILL LET JEFF COME UP. >> JOE, ADD DLEAS.

>> AS FAR AS ZONING GOES, ZONING IS DISCRETIONARY.

OBVIOUSLY, THOSE ARE QUESTIONS BEING ASKED ARE NOT THINGS THAT SHOULD BE TAKEN INTO CONSIDERATION WHEN MAKING A

ZONING DECISION. >> I JUST WANT TO KNOW.

>> JEFF CANNNIMER, I'M WITH HINS INTEREST.

WE ARE CURRENTLY DEVELOPING REDLAND FARMS HERE IN MIDLOTHIAN. IT IS JUST UNDER 700 LOTS.

IT IS BY HERITAGE HIGH SCHOOL. SO WE ARE INGRAINED IN THE COMMUNITY. THIS OPPORTUNITY CAME UP.

HINES HAS ABOUT 12,000 LOTS UNDER VARIOUS FORMS OF EITHER ENTITLEMENT OR DEVELOPMENT. WE ARE EXTREMELY ACTIVE.

WE BUILD HIGH QUALITY PROJECTS. I WELCOME ANYONE TO CHECK OUT OUR WEBSITE, LOOK AT ANY OF DEVELOPMENTS.

YOU WOULD BE PROUD OF ANY OF THEM.

SO WE FEEL LIKE WE CAN COME TO MIDTOWNE AND ADD SOME VELOCITY, GET THE PROJECT GOING AND WE WILL BUILD IT IN A VERY MEASURED WAY, DO A GOOD JOB WITH THE PARKS AND SO FORTH.

SO IN ANSWER TO YOUR QUESTION, THERE IS BIG DEMAND FOR THE COTTAGE LOTS. I ANTICIPATE THAT MOST OF THOSE WILL BE EMPTY NESTERS. THE PRICE POINTS THAT WE ARE

TARGETING -- >> YOU DON'T HAVE TO ANSWER THE PRICE POINT. THAT'S INAPPROPRIATE.

>> COUNCIL, BUT IT IS NOT FOR YOU ARE.

>> MAYOR, THAT IS INAPPROPRIATE TO ASK A DEVELOPER HOW MUCH THEY

ARE GOING TO SELL A HOUSE FOR. >> YOU HAVE MADE YOUR POINT.

>> SO TAKE IT. >> IT HAS BEEN TAKEN.

>> SO, PLEASE DON'T ASK THE DEVELOPER TO PUT ON RECORD WHAT HE THINKS HE IS GOING TO SELL THE HOUSE FOR.

>> GO ON, PLEASE. >> SHOULD I.

>> NO. >> I DON'T MIND ANSWERING IT, IF

YOU ARE OKAY WITH THAT. >> COUNCILMAN, IT IS NOT YOURS TO CONTROL THE COUNCIL SESSION, PLEASE.

>> START CONTROLLING IT THEN. >> I WILL, IF YOU WILL BEHAVE.

>> I DON'T NEED TO TAKE DIRECTION FROM YOU IN THAT

MANNER, SIR. >> WE EXPECT --

>> PLEASE CONTINUE. >> WE EXPECT MOST OF THESE WILL BE -- MOST OF THEM WILL BE FROM 1800 SQUARE FEET TO ABOUT 2800, 2900 SQUARE FEET. PRICE POINTS WILL RUN, FOR THE GAMUT OF THE PRODUCTS, WE ARE TRYING TO HIT A PRICE RANGE OF, YOU KNOW, THE LOW FOURS TO THE MID SIXES.

WE FEEL LIKE THAT'S THE TARGET THAT WE ARE TRYING TO HIT.

IT IS HARD, THE BAND OF BUYERS, ONCE YOU GET BEHIND THE HIGH 600S REALLY DETERIORATES. SO WE ARE TRYING TO STAY OUT OF THAT 800, 900 THOUSAND AND SO FORTH.

SO ANYWAY. SORT OF OUR SWEET SPOT FOR WHAT WE ARE GOING TO BE BUILDING HERE WILL BE 400 TO HIGH SIXES.

>> THANK YOU. >> HOW LONG IS IT GOING TO TAKE

FOR YOU TO BE ALL DONE? >> GREAT QUESTION.

YOU KNOW, FIRST THING, WE HAVE TO COME IN AND GET OUR CONSTRUCTION DRAWINGS DONE. THAT'S GOING TO BE ABOUT FOUR TO FIVE-MONTH PROCESS. WE WILL GET START WITH THE DEVELOPMENT. THE DEVELOPMENT PHASE WILL BE ANYWHERE FROM 13 TO 18 MONTHS. SO IT IS GOING TO BE INSIDE OF TWO YEARS, WE WILL HAVE THE FIRST PHASE COMPLETE.

WE ENVISION THIS FOR TWO PHASES, AND THEN THE SALES PERIOD WILL BE ABOUT TWO AND A HALF TO THREE YEARS.

>> OKAY. >> WE ARE EXCITED ABOUT THE PROJECT AND APPRECIATE THE OPPORTUNITY TO VISIT WITH YOU

GUYS. >> THANK YOU.

>> ANY OTHER QUESTIONS? >> JUST FOR CLARITY, THE ARCHITECTURAL STYLE WILL MATCH WHAT HAS BEEN ESTABLISHED.

>> ABSOLUTELY. WE ARE REQUIRED UNDER THE PD TO FOLLOW THE DESIGN GUIDELINES, AND WE WILL DO THAT.

[01:00:03]

>> ANY OTHER QUESTIONS. >> I HAVE ONE QUESTION ON THE PHASING FOR YOUR PORTION, THE PARKS.

WHEN WILL THE PARKS BE IN? DO YOU WAIT UNTIL IT IS ALL

DONE? >> NO, NO, WE WILL BE -- I HAVEN'T GOT TO THAT LEVEL TO TELL YET IN OUR DRAWINGS.

BUT AT LEAST HALF THE PARK WILL BE IN WITH THE FIRST PHASE IF

NOT BOTH PARKS. >> I HAVE ONE COMPLENT, MAYOR.

I JUST WANT TO SAY I APPRECIATE YA'LL'S DILIGENCE AND YA'LL'S WORK ON THE MIDTOWNE PROJECT SO FAR.

I THINK IT IS A SHINING LIGHT IN THIS CITY AND YA'LL HAVE DONE

FABULOUS WORK. >> IS THERE A PHASING PLAN IN THE ORIGINAL ORDINANCE NOT ATTACHED TO THE PACKET?

>> [INAUDIBLE]. >> THAT'S CORRECT, THERE'S NO PHASING PLAN. WHAT WE ARE HOPING WITH THIS, AND CLYDE USED THE FORBIDDEN WORD.

BUT INCREMENTAL. I GET SLAPPED USING THAT WORD.

BUT ANYWAY, IT HAS BEEN INCREMENTAL UP TO THIS POINT.

HOWEVER, WITH THIS NEW MASTER PLAN, WE HAVE BEEN WORKING ON THIS FOR ABOUT A YEAR. WE HAVE BEEN WORKING WITH HINES FOR QUITE A WHILE JUST TO MAKE SURE THAT WE ARE BRINGING THE BEST PRODUCT TO THE COMMUNITY. WE ARE BRINGING THE BEST PRODUCT TO THE MIDTOWNE MASTER PLAN AND WITH THAT, THE INCREMENTALISM GOES AWAY AND WE ARE REALLY GOING TO HIT THE PEDAL WITH THIS ON THIS 48 ACRES. THEY WILL DO THE RESIDENTIAL STUFF. WE WILL DO THE COMMERCIAL AND SO IT IS -- EVEN THOUGH THERE IS NOT A PHASING PLAN, THIS HITS

THE ACCELERATOR. >> ONE QUICK QUESTION, THIS MAY BE WAY DOWN IN THE WEEDS, IN RESPONSE TO RECENT FEEDBACK I HAVE FROM MIDTOWNE RESIDENTS, I SEE ON YOUR PICTURE THERE, YOU HAVE MEDIANS IN THE ROADS ON DILLON WAY.

>> THAT'S THE NEW DON FLOYD. >> ARE YOU PLANNING TO HAVE THE

MEDIANS? >> YES, DON FLOYD IS A

REQUIREMENT PER THE ORIGINAL PD. >> TO FOLLOW UP ON THE PARKS, JUST CONVERSATION, I HEAR OF THINGS WHERE I KNOW YOU WOULD NOT DO THIS, BUT WHERE THE DEVELOPERS PROMISED CERTAIN AMENITIES, AT THE END, WHERE'S MY PARK.

I GUESS I DON'T KNOW WHO THIS QUESTION IS FOR, BUT IS THERE A CATCH-ALL TO WHERE IF YOU SAY THERE'S THE PARK COMING IN, IT

WILL BE IN. >>?>> THERE IS A REQUIREMENT.

IN THE ORIGINAL PD42, THERE'S A REQUIREMENT TO HAVE CERTAIN PERCENTAGE OF GREEN SPACE AND THREE PARKS.

IN THOSE THREE PARKS, THE LANGUAGE DETAILS OUT PLAYGROUND EQUIPMENT, STUFF LIKE THAT. SO PER THE ORIGINAL PD, WE ARE REQUIRED OR NOW HINES BUYING THE 48 ACRES IS REQUIRED TO PUT IN THESE TWO ADDITIONAL PARKS. YOU ONLY HAVE ONE SO FAR.

>> OKAY. MY ONLY OTHER QUESTION, I LIKE ON DYLAN WAY, YOU ALSO HAVE MEDIANS THERE AS WELL, CORRECT? DID ANYBODY HAVE ANY THOUGHT AROUND HIGH SCHOOLERS JETTING OUT ACROSS 9TH OVER TO DYLAN, IS THAT A THING?

IS THAT A PROBLEM? >> NO, BECAUSE IT DOESN'T CONNECT. I WISH I HAD A BETTER AERIAL.

>> I THOUGHT IT DID CONNECT. >> THIS NEW ROAD IS HERE, WHICH

THIS IS -- >> NO, SORRY, AT ONE POINT YOU

SAID DYLAN GOES ACROSS TO MHS. >> THIS IS DYLAN RIGHT HERE.

SO THIS IS 9TH, THIS IS 14TH. DYLAN DOES RUN FULL EAST/WEST.

BUT IT DOES NOT LINE UP WITH THE HIGH SCHOOL ENTRANCE.

>> OKAY. >> THIS ONE DOES.

THIS IS AMA LANE. THIS, THE CITY REQUIRED, LONG STORY, BUT BASICALLY TO LINE UP WITH THE APPROACH ACROSS THE

STREET. >> OKAY.

>> WE ARE REQUIRED TO PUT THIS IN FOR THE SOUTHERN ACCESS OF THE SKILLED NURSING, THIS KIND OF W L-SHAPED PIECE.

ORIGINALLY IT RAN ALONG THE SOUTHERN PROPERTY LINE.

WE HAD TO MOVE THAT DOWN SO THE APPROACHES LINED UP.

THAT'S WHAT CREATED THIS DAY CARE PARCEL.

>> THAT MAKES MORE SENSE. IT SEEMS LESS LIKELY THEY WOULD

GO ACROSS. >> IT IS A PUBLIC RIGHT-OF-WAY, BUT IT IS NOT A BIG BOULEVARD LIKE DYLAN WAY IS.

[01:05:09]

>> MAYOR: COUNCIL? DO WE HAVE A MOTION CLOSE PUBLIC

HEARING. >> I MOVE TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> MOTION TO CLOSE, SECONDED. PLEASE VOTE.

ITEM IS CLOSED 7-0. DISCUSSION, COUNCIL?

SOMEBODY CARE TO MAKE A MOTION. >> MOVE TO APPROVE.

>> MOTION TO APPROVE. >> SECOND.

>> SECONDED. PLEASE VOTE.

ITEM PASSES 7-0. >> WE COULDN'T TELL IF OUR MICROPHONES ARE WORKING. OKAY, IT WORKS NOW.

[2022-260]

>> THANK YOU, MAYOR. JUST ONE SECOND.

SO AGAIN, OUR NEXT CASE IS FOR AGENDA ITEM 2022-260 FOR CASE NO. OZ03-2022-095. AGAIN, A PROPOSED AMENDMENT TO OUR SUBDIVISION ORDINANCE. AS YOU SEE THERE, STAFF REQUESTED TO AMEND TO PROVIDE TIA STANDARDS FOR CITY REVIEW.

TO GIVE YOU A BACK STORY OF HOW WE GOT HERE.

ESSENTIALLY AS OUR APPLICATION STANDS NOW, WE HAVE A DISCLAIMER OR STATE OF EMERGENCY, IF YOU WILL, THAT STATES A TIA COULD BE REQUIRED AT THE CITY ENGINEER'S DIGS CARESS.

DISCRETION. THE STEPS OUR CITY ENGINEER USED TO MAKE THESE DECISIONS, WE DIDN'T HAVE THAT WITHIN OUR SUBDIVISION ORDINANCE. THEREFORE, IT COULD LOAD TO QUESTIONS OF DEVELOPERS OF HOW WE GOT HERE.

SO WHAT WE ARE ABOUT TO GO THROUGH AS STAFF IS GOING TO ALLOW, IF APPROVED BY COUNCIL, THE STANDARDS TO BE INCLUDED IN OUR SUBDIVISION ORDINANCE. SO QUICK INFORMATION, WHY IN RELATION TO TIA TEXT AMEND. , WHAT IS A TIA? IT USUALLY IS SOMETHING THAT IS USED TO ASSESS AND MITIGATE ANY IDENTIFIED TRAFFIC AND TRANSPORTATION ISSUES ASSOCIATED WITH AN INCOMING DEVELOPMENT. TYPICALLY, MORE OFTEN THAN NOT, WE WILL SEE THIS WITH MIXED USE DEVELOPMENTS BECAUSE THOSE CAN HAVE A LOT OF IMPACT AT THIS RESIDENTIAL, HEAVY RETAIL.

WHY IS IT NEEDED? AGAIN, ANY NEW DEVELOPMENT USING THAT SAME EXAMPLE CAN CAUSE A LOT OF IMPACT.

SO TIA HELPS US AS STAFF REVIEW HOW IT COULD IMPACT THE SUBJECT PROPERTY AS WELL AS THE SURROUNDING AREA.

ALSO, AS I STATED, AS YOU SEE AT THE BOTTOM, OUR APPLICATION CURRENTLY ONLY STATES THAT A TIA COULD BE REQUIRED AT THE CITY ENGINEER'S DISCRETION. THESE STANDARDS THAT WE WILL GO THROUGH AGAIN WILL BE IMPLEMENTED IN OUR SUBDIVISION ORDINANCE IF APPROVED BY COUNCIL.

SO THE NEXT SLIDE IS TITLE ANALYSIS WORK SHEET.

SO THIS WORK SHEET IN PARTICULAR COVERS PEAK TIMES, INTENSITY, LAND USE, TRIPS PER DAY. A LOT OF THIS IS GOING TO BE FILLED OUT BY THE APPLICANT WHENEVER THEY SUBMIT A DEVELOPMENT AND THEN BOTTOM PORTION OF THIS WILL BE USED BY STAFF TO REVIEW AS WELL. SO OUR CITY ENGINEER'S OFFICE AND WORK WITH OUR PLANNING DEPARTMENT WILL TAKE THIS, WE WILL REVIEW IT AND THIS WILL HELP OUR CITY ENGINEER DETERMINE WHETHER OR NOT A TIA WOULD BE NEEDED FOR THIS SITE.

AGAIN, THIS IS SOMETHING THAT DEVELOPERS WILL NEED TO FILL OUT AS NEEDED TO HELP US MAKE THIS DECISION.

SO FEW EL PA AMENDMENTS. APPLICANT SUBMITTING A DEVELOPMENT APPLICATION WILL SUBMIT A TRIP GENERATION THRESHOLD ANALYSIS WORK SHEET, THE PREVIOUS SLIDE.

STAFF RECOMMENDS TIA BE REQUIRED IF THE NUMBER OF VEHICLE TRIPS GENERATED BY A PROJECT HE CAN SEEDS 500 OR MORE TRIPS PER DAY OR 50 OR MORE VEHICLE TRIPS IN A PEAK DIRECTION DURING SITE'S PEAK TRAFFIC HOUR. CITY ENGINEER OR THEIR DESIGNEE MAY REQUIRE TIA WHETHER IT MEETS CRITERIA OR NOT AND SPECIAL CIRCUMSTANCES EXIST THAT MAY REQUIRE TIA.

WE CAN INITIALLY REVIEW SOMETHING, PLANS CHANGE THAT REQUIRES A TIA, THAT WILL ALLOW US TO DO THAT AS WELL.

[01:10:03]

HOWEVER, THE CITY RESERVES THE RIGHT TO EXTEND THE STUDY DOWN I DON'T KNOW THE THE ONE MILE BOUNDARY TO INCLUDE CRITICAL LOCATIONS THAT IMPACT A SPECIFIC AREA OR WHERE THERE MAY BE A KNOWN SAFETY ISSUE OR PUBLIC CONCERNING.

AT THE PLANNING & ZONING MEETING, THE PLANNING & ZONING COMMISSION VOTED TO APPROVE AS PRESENTED 7-0.

STAFF IS RECOM RECOMMENDING APPL OR PRESENTATION.

>> QUESTIONS, COUNCIL. >> CAN YOU PULL UP THE TEXT AMENDMENTS, THE GOAL HERE WAS TO TRY AND STANDARDIZE THE PROCESS OF THE DEVELOPERS UNDERSTAND WHAT TO EXPECT AS THEY GO THROUGH. I SEE THAT IN SOME OF THIS.

BUT THEN I ALSO SEE EVERY STANDARDIZED STEP ON THERE SEEMS TO BE BACKED UP BY ALSO AT THE DISCRETION OF THE CITY.

SO WE ARE KIND OF -- WHAT ARE WE DOING?

>> YEAH, SO THIS IS SOMETHING THAT'S STILL WHILE WE ARE TRYING TO HELP SIMPLIFY THE PROCESS AND UNDERSTANDING TO THE DEVELOPER, THIS IS SOMETHING WE STILL BELIEVE WILL ALLOW US TO COVER OURSELVES AS A CITY. IF SOMETHING NEEDS TO HAVE CONSIDERATION BY P&Z AND/OR COUNCIL, THIS BRINGS IT TO YOU FOR CONSIDERATION. WE STANDARDS -- I UNDERSTAND WHAT YOU ARE SAYING, WE STILL WILL GO WITH THIS.

>> TO PIGGY PACK OFF THAT, IF STAFF WERE TO RECOMMEND A TIA, STAFF RECOMMENDATION, AND THE DEVELOPER DECLINES, WHAT'S THE

NEXT STEP? >> WELL, THEY COULD DECLINE IT BUT THAT WOULD AFFECT THEIR RECOMMENDATION IN REGARDS TO DENIAL. COMING TO YOU GUYS, OBVIOUSLY WITH ANY MIXED USE DEVELOPMENTS, ONE OF THE PRIMARY QUESTIONS, INCLUDING P&Z, HOW DOES THIS TRAFFIC AFFECT THE SURROUNDING AREA. THE APPLICANT CAN TAKE THE CHANCE TO SAY THAT. OUR RECOMMENDATION IS GOING TO BE DENIAL. WE CAN'T MAKE THEM DO IT.

BUT IT IS OUR SUGGESTION TO DO FOR THESE REASONS.

>> UNDERSTOOD, THANK YOU. >> DO WE HAVE A MOTION.

>> I MOVE TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE, SECONDED.

PLEASE VOTE. CLOSE, 7-0.

DISCUSSION OR MOTION. >> MOVE TO APPROVE.

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

[2022-261]

COLBY. >> THANK YOU, MAYOR, AGAIN, NEXT CASE FOR THIS EVENING IS FOR AGENDA ITEM 2022-261, FOR CASE NO. OZ05-2022-118. AGAIN, THIS IS FOR TEXT AMENDMENT FOR A DRIVEWAY, DROIF ACCESS AMENDMENT.

SO THIS IS SOMETHING ELSE THAT YOU GUYS SEE OFTEN THAT IS IN RELATION TO PROPERTY COMING ON TO FARM TO MARKET ROAD.

SO AS OUR ORDINANCE IS WRITTEN OUT, IT REQUIRES US TO BRING IT BEFORE P&Z AND CITY COUNCIL. THIS IS MOTHER STEP FOR US TO SIMPLIFY THIS PROCESS. WE ARE REQUESTING TO MAKE THESE AMENDMENTS TO HELP US HANDLE IT ADMINISTRATIVELY.

SO OUR NEXT FEW SLIDES, AGAIN, THIS FIRST POINT STATES WHAT I MENTIONED. SECTION 6.14.3 REQUIRES ANY PROPERTY THAT FACES ON TO RESIDENTIALLY ZONED LOT OR LOT INTENDED FOR RESIDENTIAL USES, FREEWAY, HIGHWAY, FARM TO MARKET ROAD, FRONTAGE ROAD, SERVING THE HIGHWAY, MAJOR OR MINOR ARTERIALS AND MAJOR COLLECTORS WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL FOLLOWING THE RECOMMENDATION BY PLANNING & ZONING COMMISSION. SO, AGAIN, ANY PROPERTY THAT FALLS UNDER THAT, THAT FACES ON TO OUR MOST COMMON ONE IS FARM TO MARKET ROAD, REQUIRED TO BRING IT BEFORE P&Z AND COUNCIL.

AGAIN, BOTTOM POINT, OUR RECOMMENDATION IS TO TRY TO HELP MODIFY THIS PROCESS FOR STAFF TO REVIEW IT AND APPROVE IT ON AN ADMINISTRATIVE BASIS TWEENG THEE PLANNING DIRECTOR AND CITY ENGINEER. FOR TEXT AMENDMENT CHANGES, WE WILL GO THROUGH EACH. SHALL LOT FACE TO A PUBLIC STREET, LOTS WITH -- NO DRIVEWAY ACCESS SHALL BE ALLOWED TO

[01:15:06]

SO THE REASON WHY LETTER D IS IN BOLD BECAUSE THOUGH THE PLANNING & ZONING COMMISSION DID RECOMMEND APPROVAL, ONE TOPIC OF DISCUSSION DURING THE PREJUDICE WASMEETING,THEY WANTED IT TO BET THAT THEY HAVE THE RIGHT TO COME THROUGH.

THEY SUGGESTED WE POSSIBLY ADD THAT ON, WHENEVER WE CREATE AN APPLICATION FOR DRIVEWAY ACCESS PERMITS, WE INCLUDE THAT LITTLE DISCLAIMER ON THERE, IF THE APPLICANT IF THEY DON'T AGREE WITH STAFF, THEY HAVE A RIGHT TO BRING IT TO P&Z AND COUNCIL.

AT THE PLANNING & ZONING COMMISSION DID RECOMMEND 7-0 APPROVE AS PRESENTED WITH THAT ONE STIPULATION THAT I DID MENTION. STAFF IS RECOMMENDING APPROVAL

AS PRESENTED. >> MAYOR: QUESTIONS, COUNCIL?

>> I JUST HAVE ONE THING. I'M GLAD TO SEE THIS.

WE HAVE GONE THROUGH DRIVEWAYS ON SINGLE FAMILY RESIDENTIAL, SINGLE OWNER LOTS AND WE HAVE TALKED ABOUT IT A FEW TIMES.

GOOD TO SEE IT COME THROUGH AND BE CLEANED UP.

>> SORRY, MAYOR, ONE CLARIFICATION.

COLBY, YOU SAID IT WOULD COME BACK TO COUNCIL.

BUT RIGHT NOW, THE WAY IT IS WRITTEN, IT IS SAYING THAT THE

P&Z -- >> SORRY, P&Z.

I GOT IN THE RHYTHM OF SAYING P&Z AND COUNCIL.

>> JUST STOP -- THE WAY IT IS WRITTEN NOW, STOP AT P&Z.

COUNCIL WOULD NOT SEE IT. >> YES, SIR.

>> MOTION TO CLOSE. >> MOTION TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. ITEM IS CLOSED, 7-0.

IS THERE ANY DISCUSSION? OR MOTION.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION TO APPROVE, SECONDED. PLEASE VOTE.

[2022-262]

>> GOOD EVENING COUNCIL. WE HAVE A PROJECT BRINGING FORWARD THAT HAS BEEN IN THE WORKS FOR A SIGNIFICANT PERIOD OF TIME. THE FIRST STEP OF WHICH IS IS ESTABLISHING THE REINVESTMENT ZONE.

REINVESTMENT ZONES ARE ESTABLISHED AS SPECIFIC GEOGRAPHIC AREA TO ACCOMPLISH THESE ECONOMIC DEVELOPMENT OBJECTIVES. AS PART OF THE PROCESS, THIS IS IN RESPONSE TO AN APPLICATION THAT HAS BEEN RECEIVED BY OLD FORT WORTH ROAD TO ENTER INTO A TAX ABATEMENT AGREEMENT.

IN THE GRAPHIC PROVIDED, OFF OLD FORT WORTH ROAD AND 287, NEAR THE HILLWOOD DEVELOPMENT. OUTSIDE OF THAT PROJECT.

THE PROPERTY OWNER IS PURCHASING ADDITIONAL PROPERTY, ALL OF THEIR PROPERTY WOULD NOT BE LOCATED WITHIN THE REINVESTMENT ZONE. AND AS IS DEPICTED IN THE EXHIBIT THAT IS INCLUDED IN THE ORDINANCE.

IN CONNECTION WITH THIS ITEM, IT IS REQUIRED TO HAVE A PUBLIC HEARING. AND SO WITH THAT, I PROPOSE TO CONSIDER THIS ITEM AND HOLD THE PUBLIC HEARING.

[01:20:01]

>> THANK YOU. COUNCIL, QUESTIONS OF KYLE?

MOTION TO CLOSE? >> MOVE TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> MOTION TO CLOSE SECONDED. PLEASE VOTE.

ITEM IS CLOSED, 7-0. DISCUSSION OR MOTION.

>> I WILL MAKE A MOTION TO APPROVE.

>> SECOND. >> MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

KYLE, THANK YOU MUCH. PASS 7-0.

[2022-263]

>> THANK YOU. SO WITH THE CREATION OF A REINVESTMENT ZONE, WE ARE ABLE TO CONSIDER A TAX ABATEMENT.

I WOULD LIKE TO RECOGNIZE KIM WILLIAMS HERE ON BEHALF OF THE COMPANY THAT'S COMING FORWARD WITH THE REQUEST FOR THE AB ABATEMENT. AS WE HAVE DONE MULTIPLE TIMES WITH COUNCIL AND ALSO IN ORIENTATION WITH COUNCILWOMAN HAMMONDS, TO DO AN OVERVIEW AS FAR AS WHAT A TAX ABATEMENT IS, KEY THINGS TO HIGHLIGHT IS THAT THIS IS -- WITH THE TAX ABATEMENT, THIS ONLY DEALS WITH THE NEW VALUE THAT COMES INTO THE SITE. AS WITH ALL OF OUR AGREEMENTS THAT WE DO, WE MAKE SURE AND GO THROUGH AND HIGHLIGHT VERY SPECIFIC PERFORMANCE REQUIREMENTS SO THAT THE PUBLIC AS A WHOLE KNOWS WHAT THE COMMUNITY IS RECEIVING IN EXCHANGE FOR THE TAX ABATEMENT WHICH LOWERS THE TAXABLE VALUE OF THE PROJECT. AND SO THIS PROJECT IS ASSOCIATED WITH THE HOME ZONE FACILITY.

THEY HAVE PURCHASED THE PROPERTY.

THEY HAVE RECEIVED ZONING APPROVAL.

HOWEVER, THERE ARE NO BUILDING PLANS FOR THE SITE AND SO THERE STILL BE THINGS THAT CAN HAPPEN WITH THIS PROJECT.

CONNECTED WITH THIS PROJECT, HOME ZONE WOULD RELOCATE THEIR HEADQUARTERS TO THIS FACILITY AND THEN WOULD RUN THEIR WAREHOUSE AND DISTRIBUTION OPERATIONS AS THEY SUPPORT THE LOCAL STORES FROM THIS FACILITY. THIS FACILITY HAS BEEN DISCUSSED WILL HOUSE THEIR CORPORATE OFFICE, ALSO THEIR MARKETING AND OTHER PURCHASING DEPARTMENTS WHICH ULTIMATELY BRING WITH IT HIGHER-PAYING JOBS THAT WE ARE ACTIVELY SEEKING WITH THE PROJECTS THAT WE BRING FORWARD. SO I WANTED TO GO THROUGH THE AGREEMENT AND OUTLINE A COUPLE OF THE SPECIFIC ITEMS THAT WE LOOK FOR TO BE ABLE TO SHARE WITH THE RESIDENTS OF MIDLOTHIAN, WHY WE DO THESE DEALS AND WHAT WE ARE LOOKING FOR. THE FIRST ONE, IN TAX ABATEMENT AGREEMENTS THEY OUTLINE THE DIFFERENT IMPROVEMENTS THAT WILL BE REQUIRED. SO THEY ARE REQUIRED TO BUILD A 700,000 SQUARE FEET FACILITY. RELOCATE THE HEADQUARTERS AND THEN ALSO BUILD IN COMPLIANCE WITH ALL OF THE CITY'S DESIGN REQUIREMENTS THAT WE HAVE IN PLACE.

THE OTHER PIECE, THE TERM OF THE AGREEMENT.

WE WANT TO KNOW THAT THIS FACILITY IS GOING TO BE BUILT AND OPERATING ACCORDING TO THE TIMELINE WHICH HAS BEEN ESTABLISHED TO MOVE THIS PROJECT FORWARD IN OUR COMMUNITY.

THE LAST THING, AND ONE OF THE LAST THINGS AND KEY TO ALL OF THE AGREEMENTS THAT WE DO IS WE ESTABLISH A BASE NUMBER OF JOBS, ANNUAL PAYROLL AND TAXABLE VALUE THAT ARE ESSENTIAL BECAUSE THESE ARE THE DIRECT IMPACTS THAT COME TO OUR COMMUNITY.

THESE ARE THE VALUES THAT ULTIMATELY COME INTO THE CITY FROM A PROPERTY TAX STANDPOINT THAT ARE ALSO SHARED BY THE COUNTY AND BY THE CITY AS WELL. SO IN EXCHANGE FOR THE COMPANY'S PERFORMANCE, WHAT IS PROPOSED, IS AN EIGHT-YEAR TAX ABATEMENT WHICH WOULD STEP THE FIRST FOUR YEARS, 55%.

THE LAST FOUR YEARS WOULD STEP DOWN TO 45%.

AND THEN AS YOU CAN SEE, WITH THE PROPOSAL HERE, BRINGS IN A GUARANTEED MINIMUM OF TAXABLE VALUE THAT WE HAVE THAT WE HAVE OUTLINED IN HERE. THE PROPOSED ACTION, ACCORDING TO THE POLICY THAT WE HAVE RECENTLY UPDATED, REQUIRES REVIEW BY STAFF AND THEN ALSO REQUIRES A REVIEW BY THE ECONOMIC DEVELOPMENT BOARD AND WANTED TO RECOGNIZE BOBBY FIZEL FROM MIDLOTHIAN ECONOMIC DEVELOPMENT BOARD WHO IS HERE.

THIS HE WENT THROUGH, IN CONNECTION WITH THE NEXT ITEM, ARE RECOMMENDING APPROVAL OF THIS ITEM.

WITH THAT, ANY QUESTIONS? >> MAYBE I MISSED THE BOAT ON

[01:25:03]

>> SO THE UPDATE TO THE CITY'S TAX ABATEMENT POLICY REQUIRED REVIEW BY THE ECONOMIC DEVELOPMENT BOARD IS THE NEW REQUIREMENT THAT WAS ADDED WITH THE APPROVAL OF THE CITY'S GUIDELINES AND CRITERIA FOR TAX ABATEMENT PROGRAMS. IT WAS REVIEW BY THE ECONOMIC DEVELOPMENT BOARD AS WELL.

>> THANKS. >> DISCUSSION OR MOTION.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. ITEM PASSES 6-1. ITEM 2022-264 CONSIDER AND ACT

[2022-264]

>> LAST ITEM AS WE BRING TOGETHER THIS PROPOSAL TO BRING THIS PROJECT INTO OUR COMMUNITY. THE ECONOMIC DEVELOPMENT -- MIDLOTHIAN ECONOMIC DEVELOP MANY DEVELOPMENTHAS THE ABILITY TO PE WITH THIS PROJECT BECAUSE OF THE RETENTION OF PRIMARY JOBS INTO THE COMMUNITY. THE KEY THING HERE IS AS THE COMPANY GENERATES THEIR BUSINESS ACTIVITY, THEY CREATE NEW MONEY INTO OUR SYSTEM AND HELPS TO MAKE THE ECONOMIC PIE LARGER, WAGES AND ADDITIONAL NEW MONEY SPENT WITHIN OUR LOCAL ECONOMY.

OUTLINED WITHIN THE ECONOMIC DEVELOPMENT, WE TRY TO ALIGN THESE AS CLOSELY AS POSSIBLE WITH THE TAX ABATEMENTS.

THE DIFFERENCE HERE IS EVERYTHING IS ALIGNED TO THE FRONT END OF THE DEVELOPMENT AS IT RELATES TO THE INFRASTRUCTURE THAT'S NEEDED IN THIS AREA THAT CURRENTLY WE DO NOT HAVE INFRASTRUCTURE IN THE AREA. AND SO THE MAIN REQUIREMENTS BY OLD FORT WORTH ROAD PROPERTY OWNER, THEY WILL HAVE TO COMPLETE THE FACILITY AND BEGIN OPERATIONS BY A SPECIFIED DATE THAT ALLIANCE WITH THE TAX ABATEMENT.

IN RETURN, THEY WOULD RECEIVE THE OPERATIONS GRANT OF $750,000, AND THEN AT WHICH POINT THEY WOULD HAVE FULFILLED ALL THE TERMS OF THE AGREEMENT AND THE AGREEMENT WOULD EXPIRE.

MIDLOTHIAN ECONOMIC DEVELOPMENT, WE MET AT OUR LAST BOARD MEETING, THIS ITEM WAS APPROVED BY UNANIMOUS VOTE.

ANY QUESTIONS I MAY BE ABLE TO ANSWER.

>> DOES THE 750,000 COME OUT OF THE MED BUDGET?

>> IT DOES. THE FUNDS COME SOLELY FROM MIDLOTHIAN ECONOMIC DEVELOPMENT WHICH ARE SALES TAX FUNDS, NOT

THE CITY'S GENERAL FUND. >> QUICK QUESTION FOR YOU, SO WE HAVE ALREADY GIVEN THEM A TAX ABATEMENT FOR EIGHT YEARS.

>> CORRECT. >> WHY DO WE WANT TO ALSO GIVE

THEM 750,000 MORE? >> IN PART, AS WE GO THROUGH AND WE LOOK AT ALL OF THESE PROJECTS, WE LOOK AT ALL THE DIFFERENT TOOLS THAT ARE AVAILABLE.

IN PART, ONE OF THE THINGS THAT WE LOOK AT IS ARE THERE WAYS THAT WE CAN HELP PARTICIPATE THAT HELPS THE OVERALL AREA.

INFRASTRUCTURE IS ONE OF THOSE WAYS.

SO AS MIDLOTHIAN ECONOMIC DEVELOPMENT PARTNERS WITH THE CITY, WE ARE ABLE TO BRING, IN TIMES THE TAX ABATEMENT PERCENTAGE IS LOWER AND HELP PARTICIPATE WITH ANOTHER FUNDING SOURCE THAT NOT ONLY BENEFITS THIS PROJECT BUT THE GREATER AREA AS A WHOLE AS THESE ARE TARGETED TO SPECIFIC INFRASTRUCTURE IMPROVEMENTS THAT ARE REQUIRED.

>> CORRECT ME IF I AM WRONG, AT THIS POINT THEY HAVE GONE THROUGH THE PROCESS. WE HAVE APPROVED THEM TO COME TO TOWN. THEY HAVE THEIR TAX ABATEMENT AGREEMENT. THERE'S NO REASON TO SWEETEN THE DEAL. IF THEY WALK AWAY, THEY ARE WALKING AWAY NOW FROM A GREAT OPPORTUNITY, EVEN WITHOUT THE

750. >> SO IN PART, WITH ALL OF THE PROJECTS THAT WE WORK, WE -- THERE'S NO GUARANTY THAT ANY OF THE PROJECTS COME TO FRUITION. IN PART, THAT'S THE REASON THAT WE STRUCTURE ALL OF OUR AGREEMENTS.

TTHE WAY THAT WE DOWITH SPECIFIS REQUIRED OF THE OTHER PARTY TO PERFORM BY A VERY SPECIFIC TIME. AND SO ULTIMATELY WE TRY TO USE ALL OF THESE TOOLS TOGETHER AND PUT FORWARD A PROPOSAL THAT ULTIMATELY WILL BRING THE TYPE OF PROJECTS THAT WE AS A

COMMUNITY ARE LOOKING FOR. >> THANK YOU.

[01:30:09]

>> MOVE TO APPROVE. >> SECOND.

>> MOTION TO APPROVE, SECONDED. ITEM PASSES 7-0.

THANK YOU, KYLE. ITEM 2022-265 CONSIDER AND ACT

[2022-265]

COUNCIL, YOU HAVE IN FRONT OF YOU THE NOMINATIONS.

NOMINATION SUBCOMMITTEE IS WAYNE SICSIBLEY AND WALTER DARRACH.

ANNA HAMMONDS, AIRPORT, WAYNE SIBLEY, P&Z CLARK WICKLIFFE AND PARKS HUD HARTSON. COMMENTS OR MOTION.

>> I WOULD LIKE TO MOTION TO TABLE THIS UNTIL WE HAVE A CHANCE TO TALK ABOUT IT IN EXECUTIVE SESSION.

>> A MOTION TO TABLE? >> WE DON'T HAVE THIS LISTED AS

AN EXECUTIVE SESSION. >> THEN I WOULD LIKE TO MAKE A MOTION TO TABLE IT UNTIL THE NEXT CITY COUNCIL MEETING.

>> AGREED, SECOND. >> WE HAVE A MOTION TO TABLE THIS. SECONDED.

PLEASE VOTE. ITEM PASSES 5-2 AS TABLED UNTIL

[EXECUTIVE SESSION]

AT 7:33, WE STAND CONVENED TO EXECUTIVE SESSION.

WE WILL BE BACK.

* This transcript was compiled from uncorrected Closed Captioning.