Dec 13, 2022 City Council

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

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[CONSENT AGENDA]

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STEP OUT. IT IS 6:04 PM, CITY COUNCIL

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>> THANK YOU. WE HAVE NEXT 2022 Ã571,

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AS YOU KNOW, ANY HOMEBUILDERS SIGN OF CERTAIN SIZES TO COME BEFORE REVIEW. WHICH IS WHY THE APPLICANT IS BEFORE YOU THIS EVENING FOR THE DEPICT A LARGER PICTURE OF THE LOCATION EXHIBITING THAT ORANGE BOX.

ON THE NEXT SLIDE, IT DEPICTS THE SITE LAYOUT.

PROPOSED SIGNS WILL BE LOCATED ON THE FRONT ON SOUTH WALNUT ROAD ALONG SIDE YOU SEE THE TOTAL SQUARE FOOTAGE FOR THE SUM WILL BE 84 SQUARE FEET, MAXIMUM 14 FEET TALL AND AGAIN, FACING HIM -- AS YOU CAN SEE IN THE BOX, AN EXAMPLE RENDERING OF THE PROPOSED HOMEBUILDERS SIGN.

DEPICTS A LARGER VERSION OF WHAT THAT WOULD LIKE WITH THE HOMEBUILDERS LOCATED AT THE BOTTOM OF THE SIGN.

P&G VOTED SEVEN ÃZERO TO RECOMMEND APPROVAL BY STAFF STAFF RECOMMENDS APPROVAL AS PRESENTED, WE WILL ANSWER THE MILLION-DOLLAR QUESTION RIGHT NOW, ONE CAN ASSIGN BE REMOVED? IT SHALL BE REMOVED NO LONGER THAN 60 DAYS AFTER THE LAST DWELLING UNIT FOR THE SUBDIVISION RECEIVES APPROVAL.

>> HOW MANY DWELLING UNITS? >> I DON'T HAVE THE INFORMATION

RIGHT NOW, SORRY. >> BALLPARK?

>> 80? MAYBE A LITTLE MORE.

I THOUGHT IT WAS A LITTLE BIT MORE.

AT LEAST AROUND 100. DWELLING UNITS.

>> 70 OR SO. >> WE WILL STICK WITH 90, IN

BETWEEN. >> DO YOU WANT US TO ASK QUESTIONS, WHAT ARE WE DOING TODAY?

>> WE HAVE NO SPEAKERS. DOES THE APPLICANT WISH TO

SPEAK? >> MOVED TO CLOSE THE PUBLIC

HEARING. >> MOTION TO CLOSE THE PUBLIC HEARING. IS THERE A SECOND?

>> SECOND. >> ITEM IS CLOSED, 4-0. ANY

QUESTIONS? >> HAVE TWO QUESTIONS.

TELL US WHEN THE SIGN IS GOING TO TAKE DOWN.

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LIKE, WHAT TRIGGERS THE FINAL --

>> I ASKED WHO IS TRACKING THIS?

>> S. >> BETWEEN THE PLANNING DEPARTMENT INSPECTION DEPARTMENT, WE ARE KEEPING TRACK WHEN ONE PERMIT IS ISSUED WE HAVE, PHYSICAL COPIES OF THE PLANS, WE ARE MARKING OFF, THIS IS CHECKED OFF.

AND THEN ONCE WE GET FOR THE LAST FEW LOTS, WE START LOOKING. WE ARE IN CONTACT WITH THE OWNER OF THE HOMEBUILDERS SIGN SAYING, THEY NEED TO BE PREPARED TO REMOVE THIS WHEN THE FINAL INSPECTION GOES THROUGH.> TUMOR QUESTIONS. THAT MAKE UP THE IDEA THAT AT SOME POINT WE TALKED ABOUT WHETHER OR NOT THIS SHOULD STAY AT THE COUNCIL LEVEL? BECAUSE WE HAVE IMPROVING A LOT

OF SIGNS. >> WE CAN BRING BACK.

WE HAVE TO GO TO THE PROCESS TO AMEND THE ORDINANCE TO CHANGE REGULATIONS. WE WILL HAVE TO GO BACK TO P&Z, THROUGH COUNCIL AT THAT POINT HE COULD BE AT THE STAFF LEVEL.

AS LONG MEETS ALL THE REGULATIONS.

>> I WANT TO KNOW IF EVERYBODY KNOW, IF I'M THE ONLY ONE.

>> WE COULD PUT IN THE CONSENT AGENDA.

>> YEAH. >> COUNCIL CAN DIRECT TOWARD THE PUBLIC HEARING SO IT CANNOT BE CONSENT.

IF THEY DO NOT DESIRE TO SEE EVERYONE OF THESE WE JUST NEED DIRECTION, WHAT WE NEED TO TAKE AND CHANGE THE REGULATIONS.

SO THAT YOU DON'T HAVE TO SEE THEM AS LONG AS THEY MEET ALL OF THE STANDARD REQUIREMENTS. IF THAT IS WHAT YOU WOULD LIKE TO SEE. WE CAN DO THAT.

>> CAN YOU TELL ME, WHY -- NOT WHY, I KNOW WHY IT COMES TO US.

BUT WHAT GIVES THEM PARAMETERS FOR THEIR SIGN? THE SON IS 14 FEET OFF THE GROUND, 12 TO WIDE AND SEVEN

FEET TALL. >> ORDINANCE REQUIRES, HOMEBUILDERS SIGNS SPECIFICALL .

>> AND WE HAVEN'T FOR THAT? AND THIS MEANS THAT?

>> YES, SIR. >> IF YOU CAN CHANGE THE RULING TO ALLOW IT NOT TO COME TO COUNSEL, CAN WE CHANGE THE RULING TO GO TO CONSENT AND NOT PUBLIC HEARING?

I WOULD LIKE TO BE ABLE TO -- >> I GUESS THAT -- IT WOULD JUST BE CHANGING REGULATIONS. TO SAY THAT THEY ARE COMING.

>> THE DISCUSSION IS NOT ON THE AGENDA SAY.

WE NEED TO SAY THAT. FOR A WORKSHOP.

>> YOUR SLAPPING HER HAND. >> IS 100 SQUARE FEET MAXIMUM 15 FEET TALL. THANK YOU.

>> OKAY, I'M READY TO MAKE A MOTION.

>> I SECOND THE MOTION TO GET US BACK ON TRACK.

>> ARE YOU READY? I MOVED TO APPROVE.

>> SECOND? DO WE HAVE A SECOND? I WILL SECOND IT. NOT TOO SURE WHAT'S GOING ON.

WE HAVE A MOTION AND A SECOND. PLEASE VOTE.

IT IS A 2-2, WE DO NOT HAVE MAJORITY SO THE ITEM FAILS.

>> WOULD SOMEONE LIKE TO MAKE A DIFFERENT MOTION?

BECAUSE -- [INAUDIBLE] >> I BELIEVE, THE COUNCIL

UNDERSTANDS. >> I THINK IT'S ODD WE DIDN'T HAVE DISCUSSION. I THINK IT'S WEIRD WE DIDN'T

HAVE DISCUSSION. >> SOMETIMES WE CAN DO THAT.

>> WE DID. UNLESS, SO COULD PUT ANOTHER MOTION FORWARD. BUT, THE RESULTS MIGHT GO BAD.

>> MOTION TO APPROVE. >> MOTION TO APPROVE AS PRESENTED. ALL RIGHT, PLEASE VOTE.

CLEAR THING. I AM HAVING MY BUTTON -- OKAY, PLEASE VOTE. 2-2.

A DIFFERENT MIX. WE STILL HAVE LACK OF MAJORITY.

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>> COUNCIL AND MAYOR CURRY THIS WHAT WE DISCUSSED, QUITE A FEW TIMES IN THE EASTERN ETJ OF MIDLOTHIAN.

WHAT'S BEEN PROPOSED FOR THE, SINCE ROUGHLY 2005, IS A SUDDEN LIMIT THAT EVICTION MAKES OVER 35.

WHAT IS FROM DIRECTION OF COUNSEL, THE DESIRE IS NORTHERN ALIGNMENT THAT TEASE INTO FOLLOWS THE CURRENT ALIGNMENT OF 1387 ALL THE WAY TO 664. WITH THAT, I WILL ANSWER ANY QUESTIONS. I WILLING OF THE COUNTY VOTED THIS AFTERNOON. THEY'VE DISCUSSED THIS A COUPLE OF TIMES AND THE VOTE WAS TODAY.

THEY VOTED 3-1. WITH THAT I WILL ANSWER ANY QUESTIONS

RELATED TO THE ITEM. >> WAS MISSING?

>> ARE NOT SURE IF THE JUDGE VOTES ON EVERYTHING.

>> CAN YOU TELL ME WHAT THE SPLIT WAS ON IT?

>> 3-1, I THINK IT WAS BUTLER. >> YOU MIGHT BE RIGHT.

THE JUDGE MAY ONLY VOTE. >> SO ONE VOTED FOR THE MOTHER OF THE OTHER THREE VOTED FOR SOUTHERN?

>> WE DID HAVE ID HAVE A WORKSHOP ON HOP ON THAT END.

-- >> WHAT I'M WONDERING IS, DOES THAT MEAN IT FOR SURE WILL BE THE SOUTHERN?

>> NO. >> DOES IT MAKE SENSE FOR US TO KNOW THE PROCESS OF AMENDING OUR PLAN, IF WE DON'T KNOW THE

RESULTS? >> WE ARE AN INDEPENDENT BODY.

YOU WILL DIRECT STAFF TO BRING THIS MOMENT FORWARD.

WE BROUGHT IT TO THE PLANNING AND ZONING COMMISSION AND THE VOTED TO AMEND IT TO THE NORTHERN ROUTE PER THE COUNCIL DECISION. AND I JUST BRING IT BEFORE YOU.

YOU ARE AN INTENDED BODY OF THE COUNTY, ETJ, I AM JUST, KEEP IN MIND THIS IS TXDOT SLOWLY SO THEY CAN IGNORE ANYONE THEY WANT AT THE END OF THE DAY. WHATEVER ALIGNMENT THEY WANT.

WE ARE ALL INDEPENDENT, WE CAN ALL VOTE AND THERE'S ALWAYS WITH THE COUNTY, WHERE THE PLANS ARE IN ALIGNMENT NOT, TXDOT WILL MAKE THE ULTIMATE DECISION.

I THINK THEY WILL LOOK TO THE DIFFERENT ENTITIES BUT ULTIMATELY THEY WILL MAKE THE CALL.

>> WE HAVE TO CLOSE. MOTION A CLOSE.

PUBLIC HEARING IS CLOSED. DISCUSSION, COUNCIL?

>> JUST TO PIGGYBACK OFF OF WHAT COUNCILMEMBER HAMMONDS WAS ASKING ABOUT. A SICKLY WHAT THIS WILL SEVER FROM THE MISTAKEN, IS ALMOST AN OFFICIAL RESPONSE FROM THE CITY OF MIDLOTHIAN THAT WILL PROVE -- IF WE HAVE A DEVELOPMENT THAT COMES IN TO THE EASTERN PART OF THE ETJ, OR JOINT, THIS IS WHAT WILL GET REALLY FUN. HAVE JOINT SUBDIVISION APPROVAL IN THAT ET J WITH THE OUNTY. WHAT WE WILL HAVE TO WORK OUT, THE RIGHT-OF-WAY DEDICATION AT THAT POINT.

IF YOU RECALL THAT EASTERN ALIGNMENT OF 1387 THE WAY IT IS NOW, THERE'S LARGER LOT HOMES THERE.

IT IS NOT JUST A BLANK SLATE WHERE THEIR OPEN FIELDS.

I DON'T SEE THAT NECESSARILY BEING AN ISSUE RIGHT AWAY.

BUT REALLY, WHAT THIS GIVES US, THE ABILITY TO ENSURE THAT WE HAVE RIGHT-OF-WAY IN THE FUTURE WHEN A DEVELOPMENT COMES IN FOR ADEQUATE SIZE FOR THOSE ROADWAY APPROVALS.

THERE IS CURRENT RIGHT OF WAYS ON THE SOUTHERN ALIGNMENT.

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>> IT'S IN THE COUNTY, CORPORATE LIMITS I CANNOT TELL YOU. I DON'T KNOW IF THEY'LL SELL IT BACK A LOT OF TIMES YOU CAN SELL IT BACK TO THE ADJOINING PROPERTY OWNER BUT THE COUNTY VOTED FOR THE ALIGNMENT SO THAT RIGHT-OF-WAY FITS THEIR ALIGNMENT.

>> OBVIOUSLY INTACT. >> MOST LIKELY.

>> MOVED TO APPROVE. >> SECOND.

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

THE ITEM PASSES 4-0. WE DID NOT NEED ANY MORE.

[INAUDIBLE] [LAUGHTER] I WOULD LIKE, I'VE BEEN DOING THIS, YOU CAN APPRECIATE THAT I AM SURE. PROBABLY THE ONLY PERSON IN

[2022-573]

WILL READ THEM. >> ORDINANCE AMENDING ZONING FOR RESIDENTIAL THREE DISTRICT AND COMMERCIAL DISTRICT RELATING TO THE USE AND DEVELOPMENT OF 1.171B1 ACRES OF LAND BEING LOTS 3-6 & ALLEY MAJORS, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS. THE PROPERTY IS LOCATED AT 615/617 N. 7TH STREET. AN ITEM 2022-574 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) FOR INDOOR STORAGE RELATING TO THE USE AND DEVELOPMENT OF 1.171B1 ACRES OF LAND BEING LOTS 3-6 & ALLEY MAJORS, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS (B PROPERTYB WITHIN THE COMMERCIAL (C) DISTRICT. THE PROPERTY IS LOCATED AT 615/617 N. 7TH STREET. I THINK THAT IS ENOUGH.

[LAUGHTER] [INAUDIBLE] >> YES, SIR.

THANKS. REAL QUICK, I'M RECOVERING FROM THE FLU A FEW WEEKS AGO BUT I WILL TELL YOU I'VE GOT BRONCHITIS I WILL BE UNCHARACTERISTICALLY BRIEF, I'LL TRY. HAPPY TO ANSWER QUESTIONS AS LONG AS I DON'T HAVE A COUGHING FIT.

AS THE MAYOR SAID, YES, THESE TWO REQUESTS ARE WITH THE APPLICANT IS ASKING FOR. SIMPLY JUST A PROJECT.

THE APPLICANT, MR. PHIPPS OWNS A PROPERTY HERE AT 615, THAT IS A SMALLER BUILDING. UPFRONT, AND 617, THE LARGER PART OF THE BUILDING THERE. THE PROPERTY IS CURRENTLY ZONED R-3 BUT HE WOULD LIKE TO CHANGE IT TO STANDARD ZONING DISTRICT.

IN COMMERCIAL TO ALLOW FOR STORAGE BECAUSE MR. PHIPPS IS A POSSIBLE TENANT, THE DOES HVAC WORK AND WOULD NEED TO STORE THEIR MECHANICAL EQUIPMENT AND SUPPLIES INDOORS, TO DO THAT WE

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HVAC BUSINESS AS A TENANT, WHO WOULD NEED THE USE OF INDOOR STORAGE OF THE BUILDING. THE CURRENT SIDE, THIS IS HIS PROPERTY IS RIGHT NEXT DOOR TO -- TURF IS SURROUNDED GENERALLY WITH RESIDENTIAL IN THE AREA. AND SO, WHAT IS HAPPENED, AS YOU CAN SEE HERE, CURRENTLY ZONED R-3, LIGHT INDUSTRIAL, NEIGHBORS ZONED COMMERCIAL RETAILER, YOU HAVE SOME COMMERCIAL OVER HERE AS WELL AS R-3 BUT AGAIN, THIS IS SINGLE-FAMILY HOMES AS FAR AS CURRENT AND EXISTING USE.

WHEN MR. PHIPPS CAME INTO GET A FEEL FOR THE HVAC TENANT, HE'S BEEN USING THE PROPERTY COMMERCIALLY AS LONG AS HE'S ON IT WHICH IS 20 YEARS. HE WAS SURPRISED WHEN I WOULDN'T SIGN THE CO BECAUSE I LOOK AT THE ZONING MAP AND IS SHOWING ME R-3, YOU CAN'T DO THAT.

IN R-3. WE MET WITH ESTHER PHIPPS AND TALKED ABOUT THE HISTORY AND HIS HISTORY AND HIS CONCERNS AND EVERYTHING AND TRYING TO FIND A PATH FORWARD AND SO, THE PATH WE RECOMMENDED WAS, IT WOULD MAKE SENSE THAT THIS COMMERCIAL FROM A PLANNING PERSPECTIVE, BECAUSE UP HERE YOU HAVE LIGHT INDUSTRIAL DENIERS COMMERCIAL RETAIL, OR COMMUNITY RETAIL. ON A GRADIENT, THEY WANT INDUSTRIAL COMMERCIAL TO RETAIL.

SO THAT WAS LOGIC AS TO WHETHER COMMERCIAL.

IN ADDITION, HISTORICALLY IT HAS BEEN USED THIS WAY.

NOW, WE TRY TO FIGURE OUT WHERE TO THIS COMMERCIAL IDEA COME FROM? THE BEST WE COULD FIND WAS A SUPPOSEDLY ZONING MAP WITHOUT A SIGNATURE SHOWING THIS YELLOW CROWN, THAT IT HAD BEEN AT LEAST COMMERCIAL ZONING IN 1974. DO NOT KNOW IF THAT IS THE OR MAY HAVE CHANGED, AND 59 IT WAS ZONED RESIDENTIAL, AND 89, IT WAS ZONED RESIDENTIAL THREE AND, SO AS FAR AS WE KNOW, SINCE 89 IT HAS BEEN ZONED RESIDENTIAL THREE.

THIS IS THE BUILDING TODAY. AND TECHNICALLY FROM MARCH 2022, AND I'M GIVING KIND OF THE OVERVIEW OF THE HISTORY AND AS FAR AS HIS REQUEST FOR THE SPECIFIC USE PERMIT, THAT WOULD NOT ALLOW FOR ANY OUTDOOR STORAGE, ANY STORAGE HAS TO BE INDOORS WITH THE SPECIFIC USE PERMIT.

IF YOU DO HAVE CONCERNS, YOU CAN CERTAINLY ADD SOME OTHER CONDITIONS TO THE REQUEST FOR SPECIFIC USE PERMIT.

AND THE PROPERTY IS ADEQUATE PARKING AND AGAIN IS HISTORICALLY USED COMMERCIALLY. AS FAR AS CONSISTENCY WITH OUR PLANS, THE COMP PLAN AND IT'S KIND OF CONCEPTUAL AND FLEXIBLE SO IT CERTAINLY, ENVISION CITY OF MIXED-USE INCLUDING COMMERCIAL. THE OTHER THINGS WITH THE DOWNTOWN PLAN THAT TALKS A LOT ABOUT TRYING TO TRANSITION, AGAIN, THE IDEA OF HAVING THESE ZONED COMMERCIAL AND INDUSTRIAL AND RETAIL, THERE IS AN IDEA OF A BUFFER.

WE DID WITH THIS REQUEST, WE HAD A LETTER OPPOSITION TO THE SUP. WE RECEIVED ONE LETTER IN OPPOSITION AND ONE IN FAVOR AT PLANNING AND ZONING, WE HAD WELL, AS I UNDERSTOOD IT, ONE PERSON SPEAK AGAINST, ONE PERSON SPEAK WITH CONCERNS, BUT SAID NEITHER OPPOSED OR FOUR.

AND ANOTHER PERSON WHO INITIALLY SPOKE AGAINST BUT SOUNDED LIKE AS HE NDERSTOOD THAT WHEN WE SETTLE THE PROPERTY OWNER NOTICE MAP SOMETIMES PEOPLE THINK WE ARE CHANGING THEIR ZONING, RATHER THAN THIS IS WHY YOU GET A NOTICE. MY UNDERSTANDING HE THOUGHT HIS ZONING WAS CHANGING.ND THAT WAS HIS CONCERN.

I DID NOT UNDERSTAND THERE WAS A CONCERN BEYOND THAT.

SO THAT'S KIND OF, YOUR PROPERTY NOTICE RESPONSE AS

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THEN THE P&Z, THEY WERE CONCERNED ABOUT WHAT THEY WERE HEARING. FROM THE GENERAL PUBLIC AND ULTIMATELY, DECIDED TO VOTE IT DOWN, 6-1. STAFF WOULD STILL RECOMMEND THE ZONING COMMERCIAL ONE AS SPECIFIC USE STORAGE.

AND IF WE NEED TO DISCUSS, HAPPY TO HELP PROVIDE ANY GUIDANCE OR ADVICE TO THAT ISSUE IF THERE IS ONE.

WITH THAT, I WILL STOP TALKING. [INAUDIBLE]

>> YES SIR, MR. MAYOR AND COUNCIL MY NAME IS CRAIG FIELDS, 1700 N. COLLINS BOULEVARD SUITE 1100, RICHARDSON, TEXAS. I'M HERE ON BEHALF OF THE APPLICANT, MR. PHIPPS. IN THE LIMITED PARTNERSHIP THAT OWNS THE PROPERTY. OF COURSE, FOUND IT TO BE VERY WELL REASONED PRESENTATION BY STAFF.

AND COMPLETELY CONCUR WITH THE REQUEST THAT THIS RECOMMENDATION BE APPROVED. WE ARE HERE FOR TWO THINGS.

THE CHANGES ZONING AND ONCE AS AN EXCHANGE, THE APPROVAL OF THE SUP. A LITTLE HISTORY, I THINK YOU Y.

SOMETHING THAT IS NOT IN THERE, MY CLIENT BUT THE PROPERTY 1980. THE TIME HE BOUGHT THE PROPERTY THERE WAS A MATTRESS FACTORY THERE.

PRIOR TO THAT, THERE HAD BEEN OTHER COMMERCIAL USES.

FOR 50 YEARS IT HAS BEEN USED AS COMMERCIAL PROPERTY.

DURING THE TIME, MY CLIENT ZONED IT, HE HAD A FREIGHT DISPATCHER COMPANY IN THERE, HAD INTERNET SALES FACILITY, HAD A HOME NURSING DISPATCH COMPANY.

THE LAST 11 YEARS, A GYM FACILITY IN THERE.

THEY MOVED ON, BUILT THEIR OWN BUILDING SO THEY MOVED TO GREENER PASTURES. FOR EVERY ONE OF THESE COMMERCIAL USES, MY CLIENTS HAVE OBTAINED THE CO.

AND WITHOUT, WITHOUT NO ISSUES AND WITHOUT ANY DISCREPANCIES AT ALL. AND AS STEPH MENTIONED, HE WAS QUITE SURPRISED BECAUSE HE THOUGHT WHEN HE BOUGHT THE PROPERTY, IT WAS LIGHT INDUSTRIAL PIER JUST NORTH OF HIM AS LIGHT INDUSTRIAL, IN FACT, HE ORIGINALLY OWNED IT AND IT WAS LIGHT INDUSTRIAL. TO THE SOUTH OF THEM IS COMMUNITY RETAIL. SO, IT DOES MAKE SENSE IT SHOULD BE A TRANSITION BETWEEN LIGHT INDUSTRIAL, COMMERCIAL AND COMMUNITY RETAIL. AND THEREFORE, WAS SIMPLY REQUESTED ON THAT ISSUE THAT IT BE APPROVED FOR THE CHANGE OF ZONING. WITH RESPECT TO THE SUP THIS INDOOR STORAGE PRODUCES AIR CONDITIONING UNITS, IS COMMERCIAL AIR CONDITIONING UNITS.

IT IS NOT THE LITTLE FIVE TON, IS A 20 TON COMMERCIAL UNIT.

I KNOW ONE OF THE THINGS SOMEBODY WAS WORRIED ABOUT WAS, PEOPLE GO THERE AND STEAL AIR CONDITIONING UNITS AND MATERIALS. YOU NEED A FORKLIFT TO MOVE THESE THINGS. SO, AS MELISSA WILL BE BREAKING IN AND STEALING THAT KIND OF THING UNLESS THEY COME IN WITH FORKLIFTS. THAT'S REALLY NOT, SHOULD BE A CONCERN. THERE'S NO OUTDOOR STORAGE, THERE IS NO SALES, IT'S JUST STORAGE.

I KIND OF WANT TO WALK THROUGH, I READ THE TRANSCRIPT FROM THE PLANNING COMMISSION HEARING. AND SOME OF THE PROBLEMS THAT WERE BROUGHT UP WAS, IS THIS GOING TO AFFECT MY PROPERTY TAXES? AND WE WOULD SAY IT HAS NO IMPACT. IN FACT, ACCORDING TO MY CLIENT THE VALUE HAS GONE UP EVERY YEAR.

THE USE IS NOT CHANGING. THE USE HAS BEEN THE SAME, PROPERTY VALUE CONTINUES BY MAKING THIS, I WOULDN'T CALL IT CORRECTION, ZONING IT COMMERCIAL AS IT'S BEEN USED FOR 50 YEARS IS NOT GOING TO IMPACT ANYBODY'S PROPERTY VALUE. WHY WAS CONCERNED ABOUT PEOPLE GOING IN AND DROPPING OF OLD COUCHES.

I DON'T KNOW IF THAT WAS A TYPO OR WHAT.

BUT THAT WAS A CONCERN RAISED AND A TRANSCRIPT I READ AND AS MENTIONED, IT IS COMMERCIAL UNITS, YOU HAVE A LOT OF TRAFFIC COMING IN AND OUT OF HERE.

FOR THESE BIG OLD 2010 UNITS. IN FACT, TRAFFIC CONCERN MIGHT HAVE BEEN HER PROBLEM THERE IS A GYM THERE, OBVIOUSLY HAVE A LOT MORE TRAFFIC ON THAT STREET FOR PEOPLE COMING AND GOING TO THE GYM. IT IS A DEAD-END STREET, SO THIS IS KIND OF A PERFECT THING SOMEONE JUST USING IT FOR STORAGE AND COMING IN ONCE IN A WHILE.

STEPH POINTS OUT PARKING WAS MORE THAN ADEQUATE.

WE NEED MORE PARKING NOW AND THE MOST CONCERNED ABOUT

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SOMEBODY SAID THAT WE ARE NOT IMPROVING THIS BUILDING.ND ABOUT TWO MONTHS AGO, MY CLIENT APPLIED FOR A BUILDING PERMIT AND SPENT ABOUT $140,000 TO REPLACE THE ROOF.

ABOUT THE SAME TIME, HE GOT A PERMIT TO REPLACE THE ELECTRIC AND SPENT ABOUT $6000 ON NEW ELECTRICAL FOR THE BUILDING.

SIGNIFICANT AMOUNT OF MONEY HAS BEEN SPENT, IMPROVING THIS PROPERTY. SO, I CAN SAY IS, WHAT HAPPENS IF IT IS DENIED? WELL, YOU HAVE AN EMPTY BUILDING. AND WHAT DO WE DO WITH AN EMPTY BUILDING? WELL, REDUCES PROPERTY VALUES.

KIND OF INVITES CRIMINAL ACTIVITY.

ALMOST KIND OF JUST THE OPPOSITE.

I APPRECIATE YOUR TIME THIS EVENING AND I REQUEST THAT YOU APPROVE THE CHANGES IN ZONING AND IF THAT IS APPROVED, THEN PROVE THE SUP YES, SIR? [INAUDIBLE] THAT WAS IT.

I WAS GOING TO ASK IF ANYONE HAS ANY QUESTIONS FOR ME OR MR. PHIPPS, HE IS HERE TONIGHT. HE DECIDED TO LET ME TALK.

HE WOULD LIKE TO COME UP WITH YOUR QUESTIONS.

>> YOUR MENTIONING HOW BIG THE UNITS ARE, WHAT TYPE OF TRUCKS ARE COMING IN AND OUT TO DROP OFF THE UNITS?

>> IF YOU'D LIKE TO SPEAK, PLEASE COME FORWARD.

>>. [INAUDIBLE] ALL I'VE SEEN IS TRAILERS AND PICKUPS. THEY CAN LEGALLY USE ANYTHING THEY WANT TO ADJUST BECAUSE THE PROCESS.

MY SOCIAL SECURITY CHARISMA HEALTHCARE AND UTILITIES PIER WITHOUT THE USE OF THAT, HOW MY GOING TO PAY $10,000 YOUR TAXES ON THE PROPERTY? IF I CANNOT USE IT.

>> YOUR STIRRING AIR CONDITIONING UNITS.

WHY ARE YOU STORING THEM THERE? >> THEY GET AIR CONDITIONING BUSINESS OUT IN THE INDUSTRIAL DISTRICT.

THEY HAVE BEEN STORED, THEY JUST WANTED TO PLACE THEM SO

THAT THERE INSIDE. >> THEY WILL BE VERY LITTLE

TRAFFIC. >> TO GET THEM AND THAT THERE IS NO 18 WHEELERS COMING TO DROP ALL THOSE OFF?

>> OKAY, YOUR STIRRING AIR CONDITIONING.

IT'S NOT GOING TO BE A STORAGE FACILITY.

IT'S GOING TO BE ALL ONE BIG OPEN SPACE?

JUST STORING STUFF. >> YES, SIR.

>> OKAY. CRACKS HAVE A SERIES OF THINGS TO SAY BUT DO WE HAVE SPEAKERS SIGNED UP?

[INAUDIBLE] >> THANK YOU, MOTION TO CLOSE A

PUBLIC HEARING. >> SECOND.

>> MOTION TO CLOSE. THREE MINUTES.

>> I WILL MAKE IT BRIEF. >> FIRST AND FOREMOST, I KNOW THIS BUILDING EXISTED AS OTHER SPORTS AND OF COURSE THEY DID MOVE. I GOT A PHONE CALL FROM MR. PHIPPS HERE AT CITY HALL AND I GOT A QUICK RUNDOWN OF WHAT WAS GOING ON. YOU KNOW, INSTANTLY WHEN I TALK TO HIM I SAID LOOK, THIS SEEMS PRETTY SIMPLE TO ME.

THIS BUILDING HAS BEEN COMMERCIAL, PROBABLY SINCE ITS CONSTRUCTION. I DON'T SEE IT AS A RESIDENTIAL BUILDING. IT'S NEVER BEEN USED AS A RESIDENTIAL BUILDING. I FIND IT SOMEWHAT SILLY AND IT WAS JUST THE WHEELS OF THE MUNICIPAL GOVERNMENT THAT WE ARE EVEN HAVING THIS CONVERSATION.

WE'VE IDENTIFIED CLERICAL ISSUE IN MY OPINION.

ON THE ZONING MAP OR THE TRANSFER OF ZONING MAPS, THROUGH THE YEARS. THROUGH COMPUTERIZATION, DIGITIZATION RECORDS ETC. THE FACT THAT WE ARE HAVING TO BRING THIS TO COUNSEL OR P&Z AND IN THE FACT THAT P&Z DENIED IT, I THINK IS AN IMPROPER CALL.

I SUPPORT GIVING THE PROPERTY OWNER THE RIGHT TO USE THE PROPERTY AS THE PROPERTY IS INTENDED.

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>> WE HAVE TWO AGENDA ITEMS. WE WILL VOTE IN THEM SEPARATELY, ONE AT A TIME. AND THE FIRST ONE HAS TO PASS FOR THE SECOND ONE TO BE CONSIDERED.

AGENDA ITEM 2022 Ã573. WE CONDUCT A PUBLIC HEARING AND NOW ARE CONSIDERING AN ORDINANCE AMENDED IN THE ZONING FOR RESIDENTIAL THREE, THE DISTRICT COMMERCIAL RELATING TO THE USE AND DEVELOPMENT OF APPROXIMATELY 1.2 ACRES OF LAND BEING LOTS THREE THROUGH SIX AND -- CITY OF MIDLOTHIAN, PROPERTY LOCATED AT 615 617 NORTH SEVENTH STREET.

I WILL SAY, I THINK STAFF FOR DUE DILIGENCE, SOMETIMES WE HAVE TWO GO THROUGH ITEMS TO CLEAN UP WHAT WE'VE INHERITED.

AND SO, I DO THANK YOU FOR THE DUE DILIGENCE AND WE SHOULD HANDLE THIS QUICKLY SO I'LL TAKE A MOTION.

>> MOVED TO APPROVE THE 2022 Ã 573 AS PRESENTED.

>> SECOND REQUEST MOTION AND SECOND.

[2022-574]

ITEM NUMBER TWO OF THIS PAIR, AGENDA ITEM 2022 Ã574, CONSIDER ORDINANCE FOR SPECIFIC USE PERMIT FOR INDOOR STORAGE RELATING TO USE AND DEVELOPMENT OF APPROXIMATELY 1.2 ACRES OF LAND. LOTS THREE THROUGH SIX, MIDLOTHIAN, TEXAS. LOCATED 615 617 N. SEVENTH STREET. ENTERTAIN A MOTION.

>> MOVE. >> SECOND.

>> PLEASE VOTE. ITEM PASSES, 4-0.

THANK YOU ALL. AND YOU'VE ALL BEEN INVOLVED IN

[2022-575]

3831 PLAINVIEW ROAD. >> GOOD EVENING.

THIS REQUEST, ALBEIT BETWEEN PLAINVIEW AND LIVES DOWN SOUTH SIDE OF TOWN, IT WAS PROBABLY ANNEXED IN ROUGHLY 10 YEARS OR SO AGO. SO IT'S GONE A LITTLE BIT OF MIXING TO IT. IT'S MOSTLY SINGLE-FAMILY.

BUT THERE ARE ACTUALLY, SOME DUPLEXES UP HERE, YOU KNOW, A BIT OF A MIXED AREA. BUT IT IS, I JUST WANT TO SHARE THE ZONING. THERE ARE AREAS THAT ARE STILL ZONED AGRICULTURAL, THEY WILL ANNEXED TO TELL YOU THEY WILL DO THAT UNDER AG, OTHERS ARE SINGLE-FAMILY ONE.

FOR THE REQUEST HERE IT IS FOR THIS PROPERTY, THERE IS AN EXISTING HOUSE, WHAT HE WOULD LIKE TO DO, THEY WERE AGO.

[01:35:05]

THEY ARE FAMILY. I WILL LET THEM TALK MORE ABOUT THEIR FAMILY LIFE THERE BUT THAT IS WHAT LEADS INTO THIS REQUEST. THEY LIKE TO KEEP THEIR FAMILY TOGETHER BASICALLY, THE GRANDPARENTS, ADULT CHILDREN AND THEIR CHILDREN OR GRANDCHILDREN OF THE GRANDPARENTS. WOULD BE CLOSE BY.

THIS IS A PATTERN AND A TREND RECEIVED MORE THAN 10 YEARS NOW. YOU CAN PERSONALLY, I MOVE MY PARENTS ACROSS THE STREET FROM US OR KEEP IT 30 FEET RIGHT OF WAY DISTANCE. LOVE YOU MOM AND DAD, IF YOU'RE LISTENING. BUT THIS IS A PRETTY STRAIGHTFORWARD REQUEST.HEY ARE CURRENTLY ZONED AG.

THIS WOULD BE SF1, AND THIS WOULD BE SF2. IT WOULD ALSO EFFECTS AND CONSISTENT WITH FUTURE LAND USE PLAN.

AND AGAIN, WITH THE MIXING OF THE AREA STAFF IS COMFORTABLE IF THIS WILL NOT IS SF2. YOU DON'T SEE MANY OTHERS AROUND. THIS IS A VIEW OF THE PROPERTY.

WE DID, AT P&Z, IT'S NOTHING FOR YOU TO VOTE ON.

BUT AN IMPORTANT SIDE NOTE, PLANNING AND ZONING COMMISSION DID APPROVE A REQUEST FOR ACCESS, WHICH BE NECESSARY FOR THE HOUSE AND WENT TO DEVELOP THE PROPERTY.

NOT SOMETHING TO TAKE ACTION ON, JUST PASSING ALONG THE INFORMATION THAT WAS APPROVED BY P&Z AS WELL AS THE REQUEST.

FOR THE PROPERTY. AGAIN, IN THE AREA, IT IS ALL MIXED, DIFFERENT LOT SIZES, AND DUPLEXES JUST ONE LOT OVER.

THE APPROVAL FROM P&Z WAS 7 TO 0. THE APPLICANT IS HERE TONIGHT AND CAN TELL YOU MORE DETAIL ABOUT WHY HE IS REQUESTING THE ZONING CHANGE. STAFF DOES RECOMMEND APPROVAL

FOR THIS. >> WE HAVE NO SPEAKERS.

IF THE APPLICANT WISHES TO COME FORWARD AT THIS TIME TO THINK.

>> I JUST HAVE A QUICK QUESTION AND CLARIFICATION ON SF2

PARAMETERS OF IT. >> WITH LOT SIZE? QUESTIONABLE OVERVIEW OF SF2 IN COMPARISON TO SF1.

>> SF2 IS MINIMUM ONE ACRE SET --

>> SF2 REQUIRES ONE ACRE AND SF1 REQUIRES TWO ACRES.

>> WHAT ELSE? >> TOP OF MY HEAD, I CONTINUE GENERALLY THE SETBACKS ARE QUITE SIMILAR.

YOU CAN GRAB MY BOOK. I GUESS WHAT I'M GETTING AT, WOULD BE, WHY WOULD WE DO SF1 WITH VARIANCE?

INSTEAD OF SF2? >> SELF-IMPOSED?

>> THAT MIGHT BE THE ANSWER. MANY OF THE DEFINING CHARACTERISTICS THAT WOULD SPLIT SF2 USAGE?

>> I GUESS I'M NOT FUN WHY, THEY HAVE A LOT AREA THEY COMMIT SETBACKS WHY WOULD THEY NEED THAT?

>> I WAS WONDERING WHAT THE SETBACK REQUIRE IS IN USAGE REQUIREMENTS FOR SF2 OVER A SF1 AND THERE IS NEGATIVE EFFECT OF

SF2 OVER THE SF1. >> PROBABLY COMES EFFECTS OF ANYTHING, WOULD BE SMALLER IN SF2 RATHER THAN SF1.

MOST LIKELY THE SMALL A LOT SIZES THE SMALLER THE SETBACK

AS WELL. >> MINIMUM FRONT YARD SETBACK IN SF1, THE LARGER TRIGGER REQUIRES LOT, WOULD BE 50 FEET.

SF2 WOULD BE 35 FEET. MINIMUM SIDE YARD SETBACK IN THE SITUATION, SIDE YARD IS 20, THAT IS 15 AND THAT IS SF2.

THAT WOULD BE OKAY. RAILYARD, JENNIFER FEET, SETBACK FOR SF1 AND SF2 HAVE THE SAME PERVIOUS COVERAGE REQUIREMENTS OF 44 PERCENT. THE SAME STORIES, DENSITY IS OBVIOUSLY DIFFERENT BECAUSE OF MINIMUM LOT SIZE OF THE BOARD NEEDS. IN THE SAME -- YOU CAN'T RELATE THAT SO IT DOESN'T MATTER. DWELLING UNIT.

[01:40:01]

FEET. >> THANK YOU.

>> WHICHEVER OR BOTH. >> DON PARRISH 331 -- WHAT YOU'RE DISCUSSING IS AN OPTION. WOULD THAT CHANGE THE MINIMUM SQUARE FOOTAGE, MINIMUM LOT SIZE REQUIREMENTS?

>> NOT NECESSARILY AN OPTION BUT IF THAT'S WHAT I WAS

ASKING. >> ALL THE DECISIONS WE WERE MAKING A BID BASED OFF HERE'S A BUILT IN CODE, SF2 DESIGNATION.

WE DON'T NECESSARILY NEED TO SELL AN ENTIRE ACRE IF WE COULD -- [INAUDIBLE] I DON'T KNOW IF THEY WERE SAYING --

>> HOW WIDE IS THE PROPERTY? >> HOW WIDE?

>> YES. >> I'M ONLY ASKING BECAUSE IT WAS ACCURATE IS VERY WELL. AND IT WAS OUT THERE, I KNOW WHAT LOT SIZES ARE THE WAY THEY ARE.

THAT IS WHAT I WAS GETTING AT. IN OTHERS A BETTER WAY TO DO

IT, JUST -- >> FOR THE SIDE ON LEG STONEWARE THE IF APPROVED, THE HOUSE WOULD BE.

THAT IS 175 FEET. THE FRONTAGE.

THE BACKSIDE OF THE EXISTING, NOT MEASUREMENT IT WOULD BE PROBABLY 15 FEET WIDER. AT LEAST BECAUSE OF THE WAY THE LOT TAPERS ON THAT SIDE. SF1 REQUIRES 150 FEET, MINIMUM AND SF2 REQUIRES 125 FEET MINIMUM.

THIS IS 175. THERE WOULDN'T BE ANY FOR VARIANCE FOR WHAT HE'S ASKING FOR.

>> OKAY, I LET MY FATHER-IN-LAW SPEAK ON OUR BEHALF, THANK YOU.

>> MR. MAYOR AND COUNCIL MEMBERS.

MY NAME IS BEN -- WE MOVED UP FROM THE HOUSTON AREA TO BE CLOSE TO OUR FAMILY. WANTED TO TAKE THE OPPORTUNITY TO DRAW AS CLOSE AS WE COULD. I CURRENTLY LIVE TEMPORARILY AT 30 AND 31 -- AND WE ARE HOPING YOU WILL APPROVE THIS SO WE CAN BUILD THEIR HOME AND RETIRE, MIDLOTHIAN, WE REALLY LIKE IT HERE. THANK YOU.

>> THANK YOU. WE ARE STILL OPEN.

MOTION TO CLOSE? >> MOTION TO CLOSE PUBLIC

HEARING. >> SECOND PEER.

>> MOTION TO CLOSE, PLEASE VOTE.

THE ITEM IS CLOSED. DISCUSSION?

>> MY ONLY OTHER QUESTION, I SEE THE PIPELINE GOING ACROSS THE PROPERTY, THE PIPELINE EASEMENT GOING ACROSS THE PROPERTY. IF THERE TRYING TO GET ONTO THE -- LANE I ASSUME THE HOUSE WOULD FACE THAT AND THEN, IN THAT, DOES IT MEET THE REAR YARD SETBACK? BECAUSE THE HOUSE WILL BE PRETTY FAR BACK IT LOOKS LIKE.

>> YES, FROM A SKETCH PLAN, THEY CAN STILL HAVE A HOUSE FACED THE STREET AND SET SO THE PIPELINE EASEMENT AND THEY'VE ALSO TENTATIVELY WORKED IN AGAIN INFORMATION FROM THE COMPANY TO FIGURE HOW THEY CAN ACTUALLY ROUTE THEIR DRIVEWAY BECAUSE YOU HAVE TO APPROACH AT A 45 DEGREES ANGLE.

THERE IS A FAIR AMOUNT OF DUE DILIGENCE BEFORE THEY REQUESTED

THIS. >> AND YOU ARE NOT RECOMMENDING

ANY OTHER CHANGE, JUST. >> THIS IS STRAIGHT RUNNING,

SF1 AND SF2. >> DO WE HAVE A MOTION?

>> MOTION TO APPROVE. >> SECOND.

>> MOTION AND SECOND, PLEASE VOTE.

ITEM PASSES, 4-0. WELCOME FROM HOUSTON.

I THINK YOU'LL FIND THIS -- OPEN AGENDA ITEM 2022-576.

[2022-576]

ROAD. >> WITH THIS REQUEST, HAVE TWO

[01:45:01]

SO, YOU ALSO MAY REMEMBER A PORTION OF THIS WAS RECENTLY ANISTON AS AG. I THINK WE HAVE A ZONING MAP.

SO, RECENTLY ANNEXED A PORTION UP HERE ZONED IN AS AG THIS IS EXISTING LIGHT INDUSTRIAL, THE IDEA IS THIS PARCEL BECOME EFFECTIVELY A NEW PD 166. THE IDEA HERE IS AN ENCORE SUBSTATION WITH BACKUP BATTERY STORAGE.

THERE IS IN THIS PURPLE AREA, THIS GENERALLY REPRESENTS FLOODPLAIN. I WANT YOU TO KNOW WHAT ADVANCE, NOTHING OF THE SITE SHOWN HERE IN ORANGE WILL BE ON THE FLOODLIGHT. EVERYTHING THEY'RE DOING IS ALSO THE FLOODPLAIN. THIS ALSO GIVES YOU A BIT OF A SENSE OF WHAT THE SITE MAY LOOK LIKE.

THEY HAVE THESE CABINETS FILLED WITH MICRO-INVERTERS AND OTHER THINGS I DON'T UNDERSTAND. BUT BASICALLY, THAT CONTROL THE BATTERY STORAGE AND ALLOW IT TO DRAW POWER FROM THE GRID, STORE IT AND THEN PUSH IT BACK TO THE GRID.

IF YOUR MOTHER BACK AND FORTH SOME ISSUES AT THE SITE.AT P&Z WE HAD AFFIRMATIVE DISCUSSION ON LANDSCAPING.

STAFF LOOK THE OTHER THINGS, THE SOLAR FARM WAS ONE OF THE PROJECTS WE LOOKED AT WHERE TREES HAVE BEEN REQUIRED.

STAFF WE FELT LIKE WE WOULD ASK THEM TO DO SOME TREES.

P&Z, DIDN'T AGREE AND SAID, LET THEM DO WHAT THEY ORIGINALLY ASKED FOR WHICH IS MORE OF A SHRUB TYPE DEAL WHERE THEY MIGHT GROW TO BE THREE FEET TALL.

THE THING TO NOTE HERE IS THAT THIS DISTANCE ABOUT 600 FEET.

KIND OF THINKING AFTER P&Z AND HEARING MORE THAT ENCORE HAS SERIOUS SAFETY CONCERNS, BUT LANDSCAPING EVEN WITH SHRUBS AROUND THE PERIMETER THERE, STAFF DOESN'T FEEL AS STRONGLY NOW. ABOUT THE LANDSCAPING SO FOR LEGITIMATE HEALTH SAFETY ISSUE, AND IF SHRUBS ARE BASICALLY GOING TO BE THREE FEET TALL, AND 600 FEET AWAY, I DON'T KNOW IF YOU'LL EVEN SEE THEM SO WE'RE NOT REALLY ACHIEVING

SCREENING AT THAT POINT. >> WILL BE THE SAFETY WAS MORE OF A DOLLAR TO MAINTAIN SITUATION?

>> MY UNDERSTANDING IS FROM THE ENCORES HERE THEY CAN SPEAK TO THIS BETTER THAN I CAN BUT MY UNDERSTAND WOULD BE SOMETHING ELECTRICAL, THAT KIND OF THING. I WILL LET THEM SPEAK TO IT BETTER. THAT WAS THE GIST OF HOW I UNDERSTOOD IT. SO, WE'VE ALSO, WE WEREN'T REQUIRING LANDSCAPING OF COURSE THEN IS TO BE IRRIGATED, THAT WAS CERTAINLY A DOLLAR COST ISSUE.

AND P&Z SAID, IF WE LANDSCAPING SHOULD BE IRRIGATED AS WELL.

P&Z ALSO HELD WHERE STAFF HAD RECOMMENDED THAT FROM THE EDGE OF THE ROAD UP TO THE FENCED INSIGHT AREA, THAT SHOULD ALL BE CONCRETE. AND THE APPLICANT AT THAT TIME, WAS SUPPOSED TO IN MY UNDERSTAND THE APPLICANT IS NOT SUPPORTIVE OF THAT REQUIREMENT IN THE CONCRETE.

AND AGAIN, P&Z ALSO UPHELD THE CONCRETE.

THIS IS THE -- SITE THE RED AREA WOULD REPRESENT THE CONCRETE THAT I WAS JUST MENTIONING.

AND ALL OF THESE HERE, THIS IS ALL YOUR BATTERY STORAGE AND CONTROLLERS FOR IT. THIS LOCATION UP HERE IS BASICALLY, WHERE THE PARLANCE OF THE SUBSTATION WILL COME ACROSS. AND THEN THAT POWER OF TRANSFER, HOWEVER IT DOES. THIS IS THE LANDSCAPING PLAN SO, AT A MINIMUM WE AGREE THAT YES OKAY, LET'S NOT HAVE AN LANDSCAPING UNDER THE POWERLINE AREAS IF THAT'S A SAFETY CONCERN.UT AGAIN, AS I SAY, STAFF IS KIND OF, DOES NOT FEEL QUITE STRONGLY ABOUT THE SHRUBS.

AT THE ENCORE SIGH, IN THE P&Z MOTION, IT WAS KIND OF JUST VERBIAGE TO SAY WHATEVER WE WOULD ESSENTIALLY MAKE, MW

[01:50:03]

UNDERSTANDING THE ENCORE DOESN'T WANT TO DO ANY LANDSCAPING, AT ALL, SO THEY ARE ALSO OKAY WITH DOING CONCRETE DRIVES. SO, THE OTHER THING I SHOULD POINT OUT. WE DO NOT SEE COLORS, THAT'S BECAUSE YOU HAVE VENUS SEE TJ APPEAR, I BELIEVE WAS MANSFIELD OR GRAND PRAIRIE. SO, KIND OF THAT SIDE VIEW, IF YOU WILL. TO THE ETJ COME IN AN AREA WE BE DEVELOPING AS A CITY. I HAVE NOT RECEIVED ANY OPPOSITION LETTERS, RECEIVED ONE LETTER OF SUPPORT FROM -- WE HAVE A PRESIDENT OF THE MIDLOTHIAN DEVELOP ASSOCIATION RECEIVED A LETTER OF SUPPORT FROM THEM AND AT P&Z NO ONE SPOKE AGAINST, FOR IT. PLANNING AND ZONING ULTIMATELY VOTED TO APPROVE AGAIN AND IT WAS UPHOLDING STAFF IDEA ABOUT THE CONCRETE DRIVES. THIS ISSUE OF THE LANDSCAPING UNDER PARLANCE BUT NOT TREES ONLY SHRUBS.

AT THIS POINT IF THERE REALLY IS HEALTH LIFE SAFETY ISSUE AND YOU FIND IT PERSUASIVE, STAFF IS OKAY WITH WALKING BACK TO LANDSCAPING. IF THAT NEEDS TO HAPPEN.

WITH THAT, I'LL TAKE QUESTIONS. >> LET ME QUALIFY.

RIGHT NOW AS WRITTEN THERE SHRUBS THERE.

>> IF COUNSEL DEEMS ARE NOT NECESSARY BECAUSE OF ENCORE CONCERNS IT WOULD BE NEED TO BE REMOVED.

>> YES, TREES ARE TAKING CARE BUT SHRUBS ARE STILL.

>> IS THERE A HEIGHT OF THE SHRUBS? IDENTIFIED?> WOULD ROUGHLY MATURE AROUND THREE FEET TALL.

>> DOES THE PD SPECIFY ENEMA MORE MAXIMUM HEIGHT?

>> IT JUST SHOWS THE PLAN, THE INSTALLATION PLAN FOR THE SHRUBS, I BELIEVE IT IS, IF YOU'RE LUCKY TO MAKE IT TO FOUR FEET. IF WE GET THE OTHER SHRUB, THIS LANDSCAPE IS A GOVERNING DOCUMENT THERE IS NOT A STANDARD PER SE, IT IS DO THAT. THAT IS THE STANDARD, THE

VISUAL. >> GO AHEAD.

>> WE LOOK AT THE LANDSCAPE PORTION, THERE IS NO HEIGHT.

THE SHRUBS GROW TO A TYPICAL HEIGHT.

>> WHAT IS IN THERE NOW, OR WHAT YOU ALL ARE SAYING WE COULD TAKE OUT? IS IT STILL THE MINIMUM OF THE LANDSCAPING PLAN? OR ARE WE GOING WITH LANDSCAPING NORMS? OR ARE WE GOING LESS THAN?

>> HOW DOES IT COMPARE TO THE CURRENT LANDSCAPING

REQUIREMENTS? >> LET'S JUST SAY WHAT IS IN THE ORDINANCE NOW. IS THAT LIKE OUR STANDARD

LANDSCAPE REQUIREMENTS? >> IT SHOWS LESS THEN.

WHY ARE WE LESS THAN IN THE ORDINANCE?

THAT IS THE ASKING. >> ARE ASKING, SETTING SAFETY.

WE WOULD NORMALLY WANT TREES BUT OBVIOUSLY THEY DON'T WANT THAT. THAT'S MY UNDERSTANDING.

>> YOU CAN PUT TREES PLACES OTHER THAN --

>> P&Z DIDN'T GO FOR THE TREES. >> DOES THE APPLICANT WISH TO

SPEAK? >> IS THE APPLICANT ENCORE? OR IS ENCORE JUST -- [INAUDIBLE]

>> MINIMUS SETH, REPRESENTING ENCORE.

SETH SAMPSON REPRESENTING ENCORE.

-- THE APPLICANT, ALEX IS BEHIND ME, YOUR CAR APPLICANT.

AND TO THE LANDSCAPE QUESTION, THE TREES AND EVERYTHING UNDER THE TRANSMISSION LINES, DISTRIBUTION LINES.

WE HAVE MILES OF TREE CLEARED EVERY DAY THAT GROW INTO CORE

[01:55:02]

THERE IS NO RESIDENTIAL NEIGHBORHOODS NEXT TO US.

AND IT'S OUTSIDE OF ETJ AND CITY LIMITS MOST OF US.

AND IN BETWEEN OUR PORTION AND THEIR PORTION, I THINK THE CONCLUSION WAS KIND OF LIKE WHAT'S THE PURPOSE OF HOW FAR BACK WE ARE SET BACK AND WHY ARE WE LOOKING AT PUTTING SHRUBS IN AN AREA THAT, BY THE TIME HE CUT OUT THE CORE DOORS YOU CAN ADJUST ROUND THE CORNER AND UP FROM THERE, PRETTY FAR SET BACK OFF THE MAIN THOROUGHFARE.

THAT WAS A CONCLUSION WE CAME UP WITH DURING P&Z DISCUSSION.

>> HOW MANY LATERAL FEET DO YOU HAVE AROUND THE PERIMETER? IN MY FOLLOW-UP QUESTION, ARE WE UNDER THE TREES OR PARLANCE?

>> 300 BY 350 IS A TYPICAL SUBSTATION SITE.

>> POWERLINES? >> THAT'S THE STATION.

I THINK ALEX KNOWS MORE SPECIFIC.

>> IF YOU LIKE TO SPEAK, COME FORWARD.

I WILL TAKE A ROUGH PERCENTAGE. HALF LATERAL FEE, IS IT LESS

THAN -- >> I DON'T KNOW THE ANSWER.

IT'S A DIFFICULT QUESTION BECAUSE WE ARE PREDOMINANTLY IN THIS ORANGE PROPERTY HERE. REMEMBER THE WHOLE PROPERTY INCLUDES HIS BLUE AREA. IT IS A QUARTER-MILE FROM 67 HERE, WHERE THEY WILL BE INFRASTRUCTURE.

I TO HALF A MILE THIS DIRECTION.

YOU KNOW, ANOTHER HALF MILE HERE AND ANOTHER QUARTER-MILE THERE. THAT IS MY BEST GUESS.

>> WHAT PERCENT OF THAT, WOULD YOU NOT PUT TREES BECAUSE OF

POWERLINES? >> I GUESS WE'RE KIND OF WONDERING WHAT WE ARE ACHIEVING, UNDERSTANDS THE FLOODPLAIN PARCEL. CURRENTLY, OFFERING A GREAT SCREEN FROM HIGHWAY 67 WITHOUT ADDITIONAL SHRUBS.

THIS AREA IS BACK 600 FEET. I SHOULD MENTION THAT I HAD SLIGHTLY DIFFERENT INTERPRETATION OF WHAT THE CITY REQUIRES FOR BUFFERING AND SCREENING.THERE ARE -- THE PARCELS HERE CURRENTLY FOR SALE.

MY UNDERSTANDING IS SCREENING IS REQUIRED BETWEEN COMMERCIAL DISTRICT OR RESIDENTIAL DISTRICTS.

ALSO, THIS IS, I WOULD SAY IT DOESN'T NECESSARILY HAVE FRONTAGE -- IS SET BACK. THERE'S SOME AMBIGUITY AND WHAT

IT REQUIRES IN MY OPINION. >> I THINK ANOTHER CONVERSATION DURING PLAN IS HER COMMISSION WAS THAT THERE WAS NO CURRENT UTILITIES OUT HERE. NO WATERLINE FOR IRRIGATION OR

ANYTHING LIKE THAT. >> YES, THERE IS SOME IN THE

AREA BUT NOT AT THE SITE. >> COST IS ALSO A CONSIDERATION AS WELL. LIKE EVERY OTHER DEVELOPMENT.

>> HOW WILL YOU WATER THE SHRUBS?

>> THAT'S WHAT WE ARE REQUESTING.

>> TO NOT DO ANY SHRUBS? >> FIRE SAFETY WOULD REQUIRE -- WE ARE COMMITTED TO RUNNING WATER TO THE SITE AND MY CLIENT HAS PREVIOUSLY INFORMED STAFF THAT THERE WILL BE SOME -- TO BE PARTNERS WITH MIDLOTHIAN. AGAIN, WE MADE THE ARGUMENT AND THEY RECOMMENDED APPROVAL AT P&Z.

HAVING THE CONVERSATION DOESN'T MAKE SENSE GIVEN THE IDENTITY.

>> SO, WHAT ARE YOU, WHAT ARE YOU TALKING ABOUT? WHAT ARE YOU WANTING TO PUT IN FOR LANDSCAPING?

NOTHING? >> SO, --

>> MY CLIENT WAS TOO GOOD PARTNERS.

THERE ARE SOME OTHER THINGS THAT THEY WILL BE ASKING FOR.

IF THIS WAS GOING TO BE AN ISSUE, -- IF IT DOESN'T MAKE SENSE, MY CLIENT WOULD APPRECIATE SOME LENIENCY WITH

THE BUILDING PERMITS. >> I WOULD LIKE TO JUMP IN HERE. JUST SO, THE WAY I UNDERSTAND IT, THIS IS A HEAVILY INDUSTRIALIZED AREA.

[02:00:02]

I DON'T SEE A NEED FOR ANY LANDSCAPE OUT HERE.

I CAN SEE THE PROBLEM SIDE OF IT.

I DON'T KNOW THAT I SEE THE SAFETY ISSUE PER SE LIKE YOU GUYS DO BUT, I SEE ABSOLUTELY NO REAL BENEFIT TO OUR CITY OR RESIDENT AS THIS IS NOT GOING TO BE HANG OUT SITE.

MY QUESTION IS PROBABLY MORE TOWARDS OUR OWN, AND ALREADY KNOW THE ANSWER PROBABLY, OUR OWN CAPABILITY AND PREPAREDNESS FOR IF ONE OF THESE BATTERY BANKS BLOWS UP.

BASICALLY, WOULD BE MY QUESTION.

>> MAYOR AND COUNCIL MINIMUS CHRIS BAKER SENIOR DIRECTOR OF ENGINEERING FOR US VOLTA, I'M FROM PORTLAND, OREGON.

THAT'S A GREAT QUESTION.E APPLY A COUPLE OF THINGS.

INDUSTRY-STANDARD CODES COMPLIANCE, WE USE EPA 55 WHICH IS A PORTION OF THE CONVERSATION ABOUT THE AGRICULTURE. A PARTICULAR SETBACK WE NEED TO ABIDE BY, HENCE, NO AGRICULTURE PARTICULARLY IN THE PROPERTY.

SO WE KEEP ANYTHING FLAMMABLE AWAY WHICH MAKES SENSE.

THE BATTERY INDUSTRY HAS GONE THROUGH A LOT OF GROWTH IN THE LAST 5 TO 10 YEARS. THE TECHNOLOGY NOW WE ARE IMPLEMENTING, IS FAR SAFER AND PROVEN THAT OVER THE LAST COUPLE OF YEARS. WHEN YOU WORK WITH THE FIRE DEPARTMENT AND FIRST RESPONSES, WE DEVELOPED A RESPONSE PLAN IN

THE EVENT THERE IS AN INCIDENT. >> OKAY SO, A COUPLE OF THINGS THERE. PRETTY SURE THE 5000 VEHICLES JUST MELTED ON THE CURRENT CONTAINER SHIP A FEW MONTHS AGO AND SENT TO THE BOTTOM OF THE OCEAN.

THAT'S PROBABLY THE LATEST GREATEST BATTERY TECHNOLOGY.

IN REGARDS TO THE PLAN THAT WE WOULD PUT INTO PLACE, I ASSUME THAT WOULD HAVE TO BE PUT IN PLACE AND APPROVED BEFORE SEO OR OPERATION. BUT THEN, CAN WE EVEN MEET, I GUESS IT'S WHAT I WAS GETTING AT.

THE BASELINE OF ANY SAID PLAN, FIRE CHIEF.

>> GOOD EVENING.HAD A FEW DISCUSSIONS WITH FIRE MARSHAL, LUCIA ABOUT THE PROJECT. HE WORKED WITH THE APPLICANT TO MAKE SURE THAT THERE IS PROPER WATER SUPPLY AND HEDGES IN THE AREA, WITH EV TECHNOLOGY LIKE THIS, IT TAKES LOTS OF WATER TO PUT IT UP. WE WOULD ALSO HAVE TO, PROBABLY HAVE TO INCORPORATE SOME PHONE TO EXTINGUISH IT.

AS FAR AS THE WATER SUPPLY, I DON'T KNOW WHAT SIZE LINES ARE BRINGING IN AT THIS POINT. KEVIN HAS BEEN WORKING ON THAT BUT ASSURES ME THAT THE AMOUNT OF WATER WE WOULD NEED, TO ENGAGE FAR OUT THEY WOULD BE APPROPRIATE.

HE, TRUST KEVIN. HE'S NOT GIVE ME AN INDICATION THAT THERE IS NOT ENOUGH RESOURCES IN PLACE TO BE ABLE

TO FEND A FIRE OUT THERE. >> THAT BEING SAID, ALL THAT WILL BE WORKED OUT BEFORE IT IS OPERATIONAL.

AND SHOULD WE HAD A STOPGAP, THAT WE CANNOT GET THROUGH, THAT IS THE END OF THE GAME. I DON'T IMAGINE IT HAPPENING BUT. BASICALLY WHAT YOU'RE SAYING.

>> KEVIN HAS ULTIMATE AUTHORITY AT THE END, TO SIGN OFF ON THE THINGS THAT WE REQUIRED TO BE PROVIDED FOR OUR FIRE PROTECTION. OR THE OCCUPANCY.

>> FANTASTIC, THANKS. >> ANY OTHER QUESTIONS?

>> I REVIEWED COMMENTS AND I HAVE SOME QUESTIONS.

>> I HAVE APPLICANT QUESTIONS. I WILL ASK THAT FIRST THEN.

THE FLOODPLAIN AREA, WHAT ARE THE PLANS? IS IT JUST STAYING AS IS OR KEEPING IT GREEN AND WILD?

>> YOU MEAN UNTOUCHED? YES.

>> OKAY. >> ARE THERE ANY OTHER

QUESTIONS? >> NO SPEAKERS?

>> KYLE. >> AND ALSO JUST THE APPLICANT DOES HAVE HER PRESENTATION, HE MIGHT --

>> DO WE NEED A PRESENTATION? >> I APOLOGIZE.

>> I THINK THEY DID A GREAT JOB ADDRESSING A LOT OF THE ISSUES.

>> I WILL GO FIRST. SUBMITTED A PAPER THIS TIME.

I AM THE CEO OF MIDLOTHIAN COMPANY DEVELOPMENT.

[02:05:04]

THEY HAVE A LEASE OPTION, A PURCHASE OPTION ON THIS PROPERTY FOR ANOTHER YEAR. OVER THE LAST COUPLE OF YEARS WE'VE WORKED AS YOU ARE THE CHIEF SHARE, WE WORKED A LOT WITH STAFF TO GO THROUGH. IF THIS IS A NEW TECHNOLOGY, NEW PROJECT FOR US, ONE THAT WE KNEW NOTHING ABOUT.

I LEARNED A LOT OVER TIME, TO MAKE SURE THIS WAS THE RIGHT FIT FOR US. ON BEHALF OF THE BOARD, YOU KNOW, WE WANT TO LET COUNCIL KNOW THAT THIS IS GREAT COMPANY. WHEN THE HAS BEEN WILLING TO WORK WITH THE CITY, HELP EDUCATE THE STAFF, ON THIS NEW TECHNOLOGY THAT WAS NEW TO ALL OF US.

YOU KNOW, THEY'VE DONE THIS IN OTHER LOCATIONS.

THEY YOU KNOW, OR ONE THAT WE'VE BEEN ABLE TO WORK WITH TO HELP ANSWER THE QUESTIONS ON OUR END.

REGARDING THE PROPERTY, THE PROPERTY IS A LOT, THAT IS KIND OF ON THE OPPOSITE SIDE OF THE MIDLOTHIAN BUSINESS PARK.

ORIGINALLY WAS INCLUDED IN THE ORIGINAL ZONING.

AND THE PARTICULAR SITE WAS SEPARATED FROM THOSE PARCELS THAT ALIGN HIGHWAY 67, AND MILLER ROAD, TWO AREAS THAT WERE VERY IMPORTANT TO THE COMMUNITY TO MAKE SURE THAT WE IMPROVED AND MAINTAINED A HIGH QUALITY OF DETAIL IN THE BUILDINGS AND MAKING SURE THAT WE IMPROVE LANDSCAPING IN THOSE AREAS. AS A PROPERTY THAT'S ALWAYS BEEN IN THE BACK THAT WE NOT ADDED ADDITIONAL REGULATIONS, THAT'S WHY THE BOARD FELT IT WAS A GREAT FIT AND THE BEST USE FOR THE SITE. THAT WOULDN'T REQUIRE A LOT OF VISIBILITY, AS IT SITS SO FAR BACK FROM THE SITE.

WITH THAT, IF THERE ANY OTHER QUESTIONS.

THE BOARD IS SUPPORTIVE OF THIS AND I BELIEVE THIS WILL BRING A BENEFIT TO OUR COMMUNITY. YOU KNOW, WE ALL HAVE LEARNED THE IMPORTANCE OF HAVING ACCESS TO POWER AND DIFFERENT STORMS AND THIS IS ANOTHER OPPORTUNITY TO INCREASE THE LOAD THAT WE HAVE HERE LOCALLY. CRACK QUICK QUESTION FOR YOU.

HOW DOES THIS INFRASTRUCTURE CONDITION BENEFIT THE CITY OF MIDLOTHIAN AS IT IS NOT PRIMARY JOB? WE ARE BUYING ANYTHING THERE. HOW DOES IT WORK WELL FOR US?

>> IN PART, IT DOES PROVIDE ADDED ELECTRICITY TO THE IMMEDIATE GRID THAT WE HAVE THAT WE ALL RELY ON.

DIRECTLY TO THE CITY, TO THE SCHOOL DISTRICT AND THE COUNTY.

THERE'S A LOT OF TAXABLE VALUE IN ALL OF THIS EQUIPMENT.

YOU KNOW, THE EQUIPMENT IS ALL MANUFACTURED OFF-SITE.

THEY BRING IN INCOME IT RUNS AT THE SITE, WHEN IT'S TIME TO REPLACE, THEY TAKE THE EQUIPMENT OFF, RINGING NEW EQUIPMENT, EACH INHABITED A SIGNIFICANT TAX VALUE TO OUR COMMUNITY. THE OTHER KEY THING AS WILL THE IMPACT TO THE SERVICES, WE WANT TO BE PREPARED ON THE PUBLIC SAFETY SIDE OF THIS. OUTSIDE OF THAT, THERE IS ESSENTIALLY NO IMPACT. THERE IS NO, NOBODY COMING TO THE SITE, NO VEHICLES. AND SO, IT PROVIDES A HIGH TAX VALUE WITH LOW IMPACT TO THE COMMUNITY.

>> THANK YOU. BEFORE WE CLOSE, I WANT TO ASK THE APPLICANT QUESTIONS ABOUT, CHIEF?

>> SORRY, DIDN'T MEAN TO INTERRUPT.

AFTER CONSULTATION WITH MY FIRE MARSHAL, I HAVE A COUPLE OF THINGS I'D LIKE TO PUT IN PLACE THAT MIGHT EASE YOUR CONCERN.

EACH UNIT, WILL HAVE ITS OWN SUPPRESSION SYSTEM, SIMILAR TO A SYSTEM IN A COMMERCIAL OCCUPANCY, A CHEMICAL AGENT THAT WILL BE DEPLOYED IN THE EVENT OF A SMALL FIRE TO TRY AND CUT IT OFF EARLY AND EACH ONE OF THEM SEPARATED BY CERTAIN AMOUNT OF DISTANCE, YOU -- IT GIVES US THE POSITION TO

CUT IT OFF. >> QUESTIONS ABOUT THE LANDSCAPE, WHICHEVER ONE WILL SPEAK TO LANDSCAPE QUESTION.

>> WHILE ON THE SUBJECT. >> CAN WE FOLLOW-UP?

>> ONE THING TO MENTION, LITHIUM I AM BATTERY COVERS 98 DIFFERENT THINGS. IT'S A TOTALLY DIFFERENT TECHNOLOGY IN DIFFERENT VEHICLES.

AND A SUNBRELLA UNDER ONCE I WANT TO MAKE SURE WE NOTED THAT IN THE TECHNOLOGY USED HERE. THERE WERE NO INSTANCES THE FIELD INDUSTRY FROM THE COMPANY.

>> JUST WOULD UNDERSTAND. YOU PREFER NOT TO DO SHRUBS,

[02:10:01]

>> I GUESS WE PRESENTED THE COMMITTEE AND THAT WE DIDN'T WANT TO DO TREES AND SHRUBS WERE AN ACCEPTABLE ALTERNATIVE THAT ALL PARTIES FOUND APPROPRIATE.

AM I HEARING A STRONG DESIRE FOR TREES?

>> WHEN WE GET TO COUNSEL, THE DISCUSSION, MY QUESTION IS ON BASIS OF CONSISTENCY. WE HAVE LOOKING BACK, HALF A DOZEN TIMES, WE'VE DEALT WITH SHRUBBERY AND LANDSCAPE AND I REMEMBER THE SCHOOL IN A COUPLE OF OTHERS.

SO I'M LOOKING FOR CONSISTENCY IN APPLICATION AND I JUST WANT TO KNOW WHAT YOU ALL -- IN REGARDS TO LANDSCAPING.

AGAIN, SHRUBBERY, RATHER NOT BUT NOT A SHOWSTOPPER.

TREES IS A SHOWSTOPPER OR IN TOTAL?

>> SO, IN THE ENCORE PORTION, AND EXPENSE WE SPEND WE HAVE TO REPORT, THE LOOK OF REPORT AND REVIEW THE REPORT.

THEY LOOK AT EVERY DOLLAR AMOUNT SPENT.

THAT BEING SAID LOOKED AT THIS SITE, THE PLANNING DEPARTMENT MENTIONED AND I THINK THE DEVELOPMENT MENTION THIS IS A MOSTLY INDUSTRIAL USE SITE, SO YOU KNOW, SHRUBS IS NOT A HUGE STICKING POINT BUT TREES, DOESN'T SEEM LIKE IT APPROPRIATELY FITS THE SITE BECAUSE IT IS AN INDUSTRIAL SITE FOR US AND AGAIN, WE JUST REPORT EVERY TYPE OF EXPENSE THAT WE LOOK AT WHEN WE COME TO THESE.

>> DOES EVERYBODY ELSE, WE REQUIRE LANDSCAPING,

>> RIGHT NOW WE JUMP TO ONE OF THE SITE PLANS.

CAN YOU GO BACK YOUR PRESENTATIONS AS WE ARE TALKING ABOUT TREES? DON'T GET TO VOTE SO I'M JUST MAKING AN OBSERVATION. THAT'S GOOD, GO BACK TO THE PICTURE. YOU APPARENTLY DON'T MIND TREES NEXT YEAR BOXES, I THINK THIS IS MORE COMING FROM ENCORE.

WOULD THAT BE CORRECT? BECAUSE THERE ARE TREES NEXT TO

IT IN THE PICTURE. >> SURE.

AND I GUESS THIS PICTURE MIGHT HAVE BEEN FROM A DIFFERENT PROJECT AND THE CONTENTS OF THE NEIGHBORING PROPERTY, I GUESS OUR STANCE IS THAT IT DOESN'T SEEM APPROPRIATE GIVEN THE

LOCATION. >> OKAY, CAN YOU BACK? I THINK IT IS, MIGHT BE IN HER PRESENTATION, THERE IS A QUESTION EARLIER ABOUT WHERE THE ACTUAL OVERHEAD POWER LINES ALSO WANT TO LOOK AT THAT AND MAKE SURE THAT WE ARE ALL ON THE SAME PAGE. I THINK IT WAS IN OUR PRESENTATION. IT LOOKS LIKE FROM UNDERSTANDING, THE PARLANCE OF RUNNING LIKE THIS.

IS THAT CORRECT? AND THIS IS READ ABOUT IN THE AREA. I KNOW THERE IS A BETTER CONCEPT PLAN, BE TO LOOK AT THE POWER LINES.

HT THERE. GO TO THE NEXT LIKE MOST OF THE PARLANCE ARE HERE AND HERE COME THE CERRITOS STATION, THEY ARE COMING OUT HERE AND THESE ARE THE MAIN TRANSMISSION LINES OVER TO THE SUBSTATION ACROSS 67.

THE RED IS TO THE SITE. REALLY OVERHEAD POWER, OVERHEAD POWER LINE CONCERNS WOULD BE THIS RIGHT HERE, ALL THE WAY OUT TO HEAR, THEN THIS WAY. IS THAT CORRECT?

>> THAT'S RIGHT. WHEN WE HAVE THE CONVERSATION WITH P&Z, WHAT IS IT? THAT NORTH, NORTHERN PORTION, RIGHT?EAH, THE NORTHERN PORTION, THIS WAS BROUGHT UP WITH P&Z. IT IS NO LONGER MIDLOTHIAN CITY LIMITS. SO OUR TYPICAL STATION YOU WOULD FIND IN A LOCATION LIKE THIS IS JUST, CHAIN-LINK, THAT

[02:15:01]

AGAIN, JUST THE CONVERSATION IS HOW, WHAT ARE WE SCREENING FROM? AND BASICALLY AGREED WITH THE

COMMISSIONS RECOMMENDATION. >> AND FOR MYSELF.

I'M HAVING TROUBLE VISUALIZING, OVER TIME AS IT GROWS, WE'VE TAKEN GREAT STRIDES TO DEVELOP AN ATTRACTIVE BUSINESS PARTNER AND OF THINKING MORE OF THE OVERALL AESTHETICS.

DOWN THE ROAD IS THE DEVELOPED, WHAT IS THE AESTHETIC? IS IT GOING TO FIT, AND WILL IT BE WHAT WE WANTED TO BE? AND I WILL GIVE YOU, YOUR LOCATION IS -- EVEN THEN, I WOULDN'T WANT TO TOTALLY IGNORE THE AESTHETICS.

>> AND I THINK, CORRECT ME IF I'M WRONG.

BUT THEY HAVE PROVIDED SHRUBS ALONG THAT NORTHERN PROPERTY.

>> I THINK YOU'VE ANSWERED MY QUESTIONS.

WE'RE GOING TO MOVE TO CLOSE UNLESS YOU HAVE QUESTIONS.

>> SIR, I SAY BECAUSE IT IS IN THE CORNER AND THERE ARE TWO NEIGHBORING CITIES ON THE BOUNDARIES, WE DON'T CARE ABOUT MAKING IT LOOK PRETTY? ARE WE NOT CONCERNED ABOUT BEING A GOOD CITY NEIGHBOR TO THE OTHER CITY?

>> INITIALLY, I THINK WE ARE PROVIDING SHRUBS FROM PD AND THAT WAS COMMISSIONS RECOMMENDATION THAT THEY DIDN'T SEE IT NECESSARY.> WE UNDERSTAND.

>> I JUST, I'M JUST -- OKAY. YOU WANT TO CLOSE A PUBLIC

HEARING. >> NO --

>> IF THE SHRUBS, A HUGE STICKING POINT FOR YOU GUYS.

WE CAN PROVIDE SHRUBS, IT'S JUST, WE WERE JUST CONTINUING

THE CONVERSATION. >> LESS THAN WANT TO TALK ABOUT OUR PLANS RIGHT NOW. HOWEVER, THE, IF THIS WOULD BE A WATER CONVERSATION AND NOT MINE.

THE IDEA OF COMING IN AND WANTED TO DO THE BARE MINIMUM BECAUSE OF THE MINUTE LOOK VISUALLY APPEALING TO ME, SHOULD BE THE OPPOSITE CONVERSATION.

IF IT DOESN'T LOOK NICE COMING IN ON THE HIGHWAY WHEN THIS IS THE ENTRY POINT TO THE CITY, I THINK IT CALLS FOR MORE.

WHAT YOU HAVE WORKING FOR YOURSELF, IS THE FLOODPLAIN.

YOU GOT GREEN SPACE AND ACKNOWLEDGE THAT THERE IS A BUFFER BETWEEN THE HIGHWAY AND THE ROADS.

BUT TO DO THE BARE MINIMUM, BECAUSE WE HAVE CITY BOUNDARIES ON THE OTHER SIDE OF THIS, I DON'T FIND ACCEPTABLE.

AND THEN TO SAY, IT'S COST OR WE DON'T HAVE WATER, THAT'S NOT TRUE. AND THEN THE MAYOR SAYING, WE HAVE TOLD ACCOUNTABLE TO EVERY OTHER PERSON THAT STANDS IN FRONT OF US, THAT'S NOT FAIR AND ON TOP OF THAT, THIS IS YOUR TYPE OF CONVERSATION. I'M FRUSTRATED I'M EVEN HAVING IT RIGHT NOW. IN MY VERY SHORT TIME BEING HERE, SO PLEASE CORRECT ME IF I'M WRONG, BUT I THINK IS A SECOND TIME ENCORE HAS COME TO SAY, LAST TIME IT WAS A SUBSTATION. AN X-RAY VARIANCE AND NOT DO PLANS. AND GRANT THAT WHICH I DIDN'T LIKE EITHER THEN. SO THEY DID DO SOMETHING WHERE WE MAKE OTHER PEOPLE DO IT, AND SPEND THE MONEY, THAT HAVE PROBABLY WAY LESS MONEY THAN YOU ALL.

IT JUST DOESN'T COME OF IT EVER BEING UGLY SO WE DO HARDWOOD

TREES TO ME, IS OPPOSITE. >> AND I COMPLETELY STAND WHERE YOU'RE COMING FROM. WE ALSO HAVE TO KEEP IN MIND, WE WERE GREETED BY -- ULTIMATELY, THAT IS WHO WE HAVE TO ACCOUNT TO. I DON'T WANT YOU TO THINK WE ARE COMING AND TRYING TO GET AWAY WITH SOMETHING.

WE WANT TO BE A GOOD PARTNER AND WE ARE HERE AS A CUSTOMER.

IT IS THAT WE ARE TRYING TO START YOUR ORDINANCES.

MY BACKGROUND IS IN URBAN PLANNING SO I JUST SAT ON THE OPPOSITE SIDE AND HAD THE SAME CONVERSATIONS BUT IT IS NOT US TRYING TO GET AWAY SOMETHING. WE ARE ACCOUNTABLE TO THE PUC

OF TEXAS. >> THAT MEANS NOTHING TO ME I DON'T KNOW WHAT THAT MEANS. [INAUDIBLE]

>> ORDINANCE BEING PRESENTED TONIGHT, WHAT IN THEIR, IF YOU CAN, HAS YOU FALL OUT OF COMPLIANCE WITH THE

REGULATIONS? >> WHAT IN THE -- I MEAN, --

>> WHAT IN THIS ORDINANCE GOES AGAINST THE REGULATIONS AND RECONSTRUCT THEIR PAY REQUEST IF IT WAS AT PUC WE COULD PUT A

[02:20:08]

TRY TO WORK WITH COMMUNITIES AND PROVIDE LANDSCAPING AND YOU KNOW, THIS ORDINANCE, THAT WAS WERE PRESENTED TO US.

AND WE AGREE WITH THAT. IF YOU GUYS REALLY WANT, IF YOU ARE STUCK ON SHRUBS, WE CAN DO THAT.

THE WHOLE REASON WE ARE HAVING THIS DISCUSSION, IS BECAUSE THE COMMISSION WE WENT TO LAST TIME, THAT THAT WE SHOULDN'T DO IT. WE THOUGHT TO COME BACK AND ASK

THAT AS WELL. >> QUICK QUESTION.

>> THEY THOUGHT YOU SHOULDN'T DO THE TREES.

THEY DIDN'T SAY SHRUBS. >> QUICK QUESTION.

BECAUSE MY EYES ARE BAD I SEE HIGHWAY 67, WHAT IS THE OTHER ROAD ECHOES THE ENTRANCE? IS IT CURRENTLY PAVED? [INAUDIBLE] THAT'S MY POINT.

PAVED ALL THE WAY THROUGH? EDGE TO EDGE?

OKAY SO THAT'S -- [INAUDIBLE] >> I AM RESPONSIBLE FOR THE PROJECT, IT IS PAVED BUT NOT -- [INAUDIBLE]

>> UNDERSTOOD. TO ANNA!, I THINK I DOWN THERE FOR THREE WEEKS OVER THE FIRST TIME.

I WASN'T IMPRESSED. THAT BEING SAID, TO PARALLEL ANNA'S POINT, TYPICALLY I WOULD THINK DON'T TELL ME YOU'RE BROKE WHEN IT COMES DOWN TO TREES.

WHEN WE'RE TALKING MILLIONS OF DOLLARS.

HOWEVER, I DO UNDERSTAND THE PRODUCT THAT IS GOING IN HERE.

THE FACT THAT IT IS A NO PEDESTRIAN ACCESS LOCATION.

THERE WILL BE NO IMPACT AND NO CUMMINGS OR GOINGS OF ANY KIND.

THE DISTANCE FROM HIGHWAY 67, ROUGHLY, IS -- OKAY.

AND THE ROAD FRONTAGE ALONG HIGHWAY 67, ON THE FLOODPLAIN AREA. IT IS ABOUT HOW MUCH? CLOSE TO 600 FEET. AND THE GRADE CHANGE? YES. [INAUDIBLE] 500 FEET.

AND THE GRADE CHANGE FROM HIGHWAY 67 TO THE SITE FOR THE TRANSMISSION LINES, EXCUSE ME FOR THE BATTERY BANKS.

[INAUDIBLE] FROM HIGHWAY ALL THE WAY THROUGH. CORRECT ME IF I'M WRONG.

HOW TALL ARE THESE BOXES? >> 13 FEET.

>> 13 FEET TALL. OKAY SO WE ARE TALKING HOW TALL IS THIS, 12 FEET MAYBE? AND THEN THERE WILL BE HIGH FOR BACK FROM THE ROAD. [INAUDIBLE] ONE EIGTH OF AN MILE FROM 67 WHICH WAS YOUR CONCERN TO THE CITY.

>> AND I SEE THE FACT THAT THE FLOODPLAIN IS HELPING.

ALTHOUGH, I DON'T KNOW IF IT IS COVERED WITH TREES OR NOT.

BUT IT WILL LEAST HELP -- >> MY POINT IS, IF YOU'RE STANDING OR DRIVE ONE HIGHWAY 67, YOU WON'T BE ABLE TO SEE 800 PLUS FEET BACK OR MILE BACK TO SOMETHING 13 FEET TALL.

AND BE ABLE TO SEE, LET ALONE A THREE FOOT OR FOUR FOOT BUSH.

HOW ABOUT SOME LANDSCAPE IMPROVEMENT ALONG HIGHWAY 67? HOW ABOUT LITERALLY, RIGHT OFF THE HIGHWAY? SOME LANDSCAPE IMPROVEMENT THERE, WHERE WE CAN SEE.

>> NOW, YOUR FIRE HYDRANT IS WAY FAR AWAY AND WE ARE MAKING

REALLY HARD AND EXPENSIVE. >> ON JUST ASKING.

CAN WE LANDSCAPE ALONG THE HIGHWAY AND CALL IT GOOD?

>> THERE'S ALREADY LANDSCAPING HERE IN THIS AREA.

>> IS ALREADY LANDSCAPED. [INAUDIBLE]

>> I'LL JUST SAY I'M ANNOYED BY IT BUT IT IS NOT ENOUGH FOR ME TO TURN IT DOWN. I'M FINE WITH IT, I JUST, I DON'T LIKE THE INCONSISTENCIES. THAT'S ALL I WILL SAY.

WE DON'T HAVE TO KEEP BEATING IT.

I JUST -- >>.

[INAUDIBLE] THIS IS A -- MAY BECOME A THEME INTERPRETATION LANDSCAPING IS REQUIRED ALONG THE NARROW ACCESS ROAD.

BUT MY READING OF THE ORDINANCE IS NOT IS REQUIRED ADJACENT TO

[02:25:11]

CERTAIN DISTRICTS. >>? PROBABLY NOT BUT THE RINGS LANDSCAPE REQUIREMENTS SO THERE'S A DIFFERENCE. WE ARE USING THEM INTERCHANGEABLY. YOU ARE CORRECT, SCREENING BETWEEN USAGE BUT THERE IS ALSO A BASE REQUIREMENT FOR LANDSCAPE IS WHAT THEY'RE GETTING AT.

>> ARE WE GOOD TO CLOSE THE PUBLIC HEARING?

>> I HAVE A QUESTION ABOUT THIS.

>> MOMOVE TO CLOSE PUBLIC HEARING.

>> I WISH YOU WOULDN'T DO THAT. >> I DON'T KNOW THERE'S A

REASON TO KEEP IT OPEN. >> IS THERE FOR THE DISCUSSION?

>> WE CAN DISCUSS WITH THE APPLICANT ALL NIGHT.

>> WE BEEN BACK AND FORTH BETWEEN DISCUSSION AND QUESTIONS. IF YOU ALL GET THE QUESTIONS UP

BEFORE WE CLOSE. >> KEEP GOING.

OKAY, WHAT ZONE, WHAT IS THAT ZONE RIGHT THERE?

>> PROBABLY AGRICULTURE. >> CURRENTLY ZONE AGRICULTURE.

>> WHAT? >> AGRICULTURAL.

>> OKAY. >> WITH THAT REQUIRE SCREENING?

>> NO. >> TECHNICALLY IT IS RESIDENTIAL. IT IS AG DISTRICT SO YES.

>> GOING BACK TO YOUR QUESTION -- YOU HAD --

>> I THINK THAT WAS OUR PRESENTATION.

>> WHERE IS YOUR PRESENTATION, IS THIS IT? WE HAVE THE HIGHLIGHTED LANGUAGE.

THERE YOU GO. THAT WE ARE ASKING? THAT'S THE FIRST I'VE SEEN IT. THERE IS SOME OTHER THINGS.

>> JUST PAUSE BECAUSE THIS WILL FOLLOW ME.

WE HAVE AN ORDINANCE IN FRONT OF US.

THIS ORDINANCE IS PRESENTED -- >> WHAT WE'VE SUBMITTED TO STAFF, THEY TOOK AND PUT FORWARD IN THE PACKET AND THE STAFF REPORT, WHAT STAFF COULD BE SUPPORTIVE OF.

IF IT WAS NOT WE SUBMITTED, WE HAVE ENGAGED WITH STAFF AND THEY BEEN VERY HELPFUL WITH BACK-AND-FORTH LANGUAGE THAT WE WANTED TO PUT IN THEIR, IT WAS STRICKEN AND WE WOULD LIKE TO AT LEAST COME TO SOME AGREEMENT.

THIS IS WHAT WE CALL THE -- SECTION, IF NOT FOR A NUMBER MONTHS AND THIS WOULD BE NULL AND VOID.

WILL BE CONSIDERED -- >> WHERE ARE YOU READING FROM? WHAT PORTION OF THE ORDINANCE SO WE CAN FOLLOW ALONG.

>> LOOK AT SECTION 8. >> TO REITERATE, BUT THE LEGAL TEAM RECOMMENDED SOME LANGUAGE THAT WAS SUBMITTED, IT WAS

[2022-577]

[02:53:10]

[02:53:18]

[02:53:21]

[02:53:27]

[02:53:35]

AND THIS DRIVE DOWN HERE WILL BE A FULL ENTRANCE AND EXIT ACCESS POINT. AGAIN P&Z VOTED TO DENY, 7-0 AT THE PLANNING AND ZONING MEETING LARGELY, DUE TO HAVING NO SUPPORT FROM TXDOT AT THAT POINT.

STAFF IS RECOMMENDING APPROVAL DUE TO CHANGES IN THOSE MEETING TIMES. DEVELOPMENT SHALL BE CONSISTENT WITH THE APPROVED SITE LAYOUT, INTERNAL ACCESS SHOULD BE PROVIDED TO THE DEVELOPMENT TO SUPPORT INTERNAL TRAFFIC FLOW AND FOR NEW CONSTRUCTION DEVELOPMENT WITHIN A PLANNED DEVELOPMENT THE APPLICANT SHALL PROVIDE UPDATED TIA.

THAT CONCLUDES THE PRESENTATION.

I WANT TO NOTE THAT THE APPLICANT --

>> DO WE WANT TO WAIT FOR QUESTIONS LATER?

>> GOOD EVENING MY NAME IS JOSH WOLF, THE 8010 -- [INAUDIBLE] I'M HERE REPRESENTING -- PURCHASE OF THE PROPERTY IN THE BEGINNING OF 2022. WE CURRENTLY HAVE A TENANT AS YOU KNOW, THEY ARE ON-SITE, THEIR LEASE ENDS IN AUGUST

[02:55:04]

WE DO HAVE A PRESENTATION TONIGHT.

THANK YOU, MAYOR AND CITY COUNCIL FOR LISTENING TO US TONIGHT. AND AT THIS LATE HOUR.

THANK YOU ALL OF THE CITY STAFF.

IT'S BEEN A LONG JOURNEY TO GET TO THIS POINT.

THE HISTORY I THINK, COLBY JUST LIMITED TO P&Z.

THE FIRST ONE, WE PUT WAY TOO MANY USES INTO THE PROPOSED ZONING. LOOKING AT THIS IS A PERMANENT ENTRY POINT TO THE CITY. FROM THE WESTERN SET OF 287, WE'RE LOOKING FOR THIS TO BE, NOT ONLY HAVE HIGH CURRICULA BUT ALSO, BE ABLE TO HAVE A LOT OF USES THAT MIDLOTHIAN AND ITS CITIZENS WANT TO HAVE ACCESS TO ENTERTAINMENT WISE.

WE CAME BACK TO THE DRAWING BOARD PROPOSAL IS SIX USES, BUT INTO LIMITED USE ZONE AND CAME TO THE SECOND P&Z WHERE WE HAD A TRAFFIC ISSUE. AGAIN, COLBY REFERENCE WE HAD WORKED WITH TXDOT THEY APPROVED THIS WITH A SECOND IN AND OUT PROPOSAL. THIS IS WHAT WE ARE PRESENTING TODAY. AS YOU KNOW, WHAT IS IN RED SO WE ARE CURRENTLY LOOKING AT IS PHASE 1. THE CURRENT EXISTING BUILDING, WE'VE ALREADY DONE INC. TOUCHUPS, WHAT WE ARE ALLOWED TO DO WITHOUT A PERMIT AND LOOKING A LOT BETTER THAN WHAT WAS ORIGINALLY BUILT IN 1985.

THEN OF COURSE WE HAVE THE SECOND PROPOSED BUILDING WHICH SHOULD BE NEW CONSTRUCTION. THREE STORIES AND WILL HAVE THAT DISCUSSION. THIS IS THE PROPOSAL COMING FROM OUR CIVIL ENGINEER. THIS HAS A LOT MORE IN DEPTH TO IT. HOWEVER, WE ARE LOOKING AT WHAT RIGHT IN AND RIGHT UP HERE WITH THE DECELERATION AND ACCELERATION ONLY. THIS IS COMING OFF OF THE ACCESS ROAD WHERE 287 AS IT'S GOING SOUTHBOUND.

AND SO, THIS IS A 40 POUND PER HOUR LIMIT.

GOING ALONG THIS ROAD, TO ADD INTO THE LANE, TYPICALLY WE ONLY REQUIRE THAT WITH 60 MILE AN HOUR SPEED LIMIT.

HOWEVER, WANT TO PUT IN TO SATISFY ONLY TXDOT BUT ALSO THE SAFETY CONCERNS. THAT THE CITIZENS AND STAFF WANT TO ADDRESS. AND THEY HAD THE DECELERATION LANE GOING TO THE SERVICE ROAD THAT FEEDS ON IT TO 67.

>> WERE LOOKING FOR GOING INTO A LIGHT INDUSTRIAL ZONING PROPOSED BY THE STAFF OF MIDLOTHIAN.E ORIGINALLY CAME TO THIS WITH A COMMERCIAL AND INDUSTRIAL PORTION ON THE REAR SIDE OF THE PROPERTY. HOWEVER, WE ARE LOOKING AT CHANGING FROM WHAT IS CURRENTLY ZONED SINGLE-FAMILY RESIDENTIAL, OR REGIONAL MODULE WHICH IS LABELED, FOR THE SITE WHICH INCLUDES A FIRE STATION AND SO FORTH.

WE WANT TO DO IS MAKE THIS AN AREA THAT THE CITY WOULD PREFER. THESE LIGHT INDUSTRIAL ZONING ALLOWS THAT. WE'LL DISCUSS IT FURTHER IN THE SLIDES. AGAIN, LIKE COLBY STAYED ON THE RIGHT SIDE WE HAVE THE PROPOSED USE OF THE FUTURE BUILDINGS.

WE HAVE TO GO THROUGH P&Z AND CITY COUNCIL IN ORDER TO GET THE USES APPROVED. HAVE TO GO THROUGH SUP TO DO A RESTAURANT. CAN BRING IN A HOTEL AND WE WILL DO THAT DURING THAT TIME WITH PROPOSALS ON THE TABLE.

AND OF COURSE, WILL AGREE IN ACCORDANCE WITH THAT.

AGAIN, THIS IS A REGIONAL MODULE.

WE WANT TO OPEN UP THE REST OF THE PROPERTY, TO BE ABLE TO BE THE BEST OPPORTUNITY FOR MIDLOTHIAN TO GROW IN LOVE ENTERTAINMENT TO COME IN. TO ALLOW THE OPPORTUNITY FOR DINING, POTENTIAL FOUR-STAR HOTELS, FUTURE MIDLOTHIAN SMALL BUSINESSES THAT WOULD LIKE TO HOW'S THEIR BUSINESS INSIDE OF MIDLOTHIAN AND WHY NOT BEEN A PROMINENT CORNER OF THE CITY? UPGRADES. WE ARE CURRENTLY PROPOSING EXISTING BUILDING TO BE UPGRADED.

THIS NOT ONLY CITY CODE BUT WE ALSO WANT TO BE PRESENTABLE.

WE DO ALL GLASS AND TO OPEN BAYS ARE CURRENTLY OPEN.

IT WILL BE A DEALERSHIP. IT WILL BE WITH SALES REPRESENTATIVES, IT WILL HAVE SEMI TRUCKS PARKED OUT FRONT,

[03:00:07]

FOR PARKING REQUIREMENTS, OR EXCEEDING LEGAL PARKING REQUIREMENTS BY 26 EXTRA SPACES.

THAT INCLUDES EXISTING BUILDING AS WELL AS FUTURE USE BUILDING.

LANDSCAPE DESIGNS ABOVE THE MINIMUM REQUIREMENTS FOR THE SITE PLAN. WHAT THIS LOOKS LIKE, YOU HAVE THE PORTION OF THE TRUCK DEALERSHIP AND, LET ME GO TO A BETTER SLIDE. THE TRUCK DEALERSHIP IS HERE.

YOU HAVE A BLOCK FENCE THAT IS GOING TO BE OUTLINING THE PROPERTY. IT WILL HAVE -- IN FRONT OF EVERY POLE. WE WILL HAVE A SCREENING ALONG THE BACKSIDE OF THE PARKING LOT.

AND SO, WE ARE EXCEEDING THOSE MINIMUM LANDSCAPE REQUIREMENTS AS WELL AS TREES, FLOWING TREES, THE ROADWAY THAT IS INTERNAL PRIVATE ROAD AS WELL AS FLOWERS, TREES, SHRUBS TO MAKE IT AESTHETICALLY PLEASING. CONCRETE ON THE ENTIRE PROPERTY. WE WILL LOOK INTO BRINGING IN CONCRETE TO THE WHOLE PLACE. WRIGHT BROTHERS BROKEN AGGREGATE OUT THERE. IT IS REALLY POOR CONDITION.

AND THE NEW BUILDING, THIS IS A HEADQUARTERS.

THIS IS A HEADQUARTER FOR THE COMPANY AND THEIR AFFILIATES.

WITH THIS BEING HEADQUARTERS, WE WANTED TO LOOK LIKE A HEADQUARTERS. AS WE SAW THE RENDERING EARLIER, WE ARE LOOKING AT GLASS, WOOD, FAC'ADE ON THE FRONT. AS WELL AS BEING ABLE TO HOUSE MULTIPLE COMPANIES, INCLUDING A BISTRO ON THE FRONT SIDE.

YOU HAVE RECORDING STUDIO. NOT ONLY FOR INTERNAL USE OF TENNIS BUT THE EXTRA USE OF COMMERCIAL RECORDING STUDIO.

A CONFERENCE CENTER WILL HOLD 150 PEOPLE.

IT HAS A COURTYARD THAT IS ALL GLASS AND OPEN ALL THE WAY TO THE ROOF. IT WILL HAVE TWO FULL-SERVICE KITCHEN BREAK AREAS. THEN OF COURSE, THE THIRD STORIES ONLY A GLASSED IN SMALL ROOM.

IT HAS SOME EVENT SPACE ON THE TOP PORTION OF THE BUILDING AS WELL. SO YOU CAN DO WHATEVER YOU NEED. THE COMPANY HAS MULTIPLE AFFILIATIONS. YOU HAVE -- A BISTRO ON THE CORNER, ALSO SOME UNAFFILIATED TENANTS.

WE SAW THE ROOFING COMPANY SIGN ON THE FRONT OF THE BUILDING THERE. ABOUT 80 PERCENT WILLING TO COME AT THIS POINT JUST PENDING A WOMAN GET APPROVED AND THE TIMEFRAME AVAILABLE FOR THE BUILDING.

OF COURSE, WE HAVE A COUPLE MORE IN THE PIPELINE BUT NOTHING WORTH MENTIONING AT THIS POINT.

THIS IS ONE OF OUR PRIDE AND JOYS OF WHO WE ARE AS A GROUP OF PEOPLE WHO ARE TRYING TO MAKE THIS HAPPEN.

WE WANT TO PUT A LOT OF EMPHASIS BECAUSE THERE'S A LOT OF IMPACT. NOT ONLY LOCALLY, BUT ALSO IN THE SOUTH DALLAS AREA AS WELL AS NATIONALLY.

AND WE WANT TO TAKE THAT INTO THE NEXT SLIDE HERE.

I WILL ALLOW THE OWNER TO COME UP.

>> YES, HELLO. MY NAME IS PETER -- MY ADDRESS IS 711B CREEK DRIVE, CEDAR HILL, TEXAS.

I AM VERY EXCITED TO PROPOSE THIS TO YOU.

I AM VERY GRATEFUL TO COLBY, THE STAFF, JOSH, IS PRESENTED VERY WELL. KIND OF TOOK AWAY ALL MY THUNDER! [LAUGHTER] YES, SO, I WANT TO MENTION THAT IT IS AMAZING TO BE ABLE TO LIVE IN THE GREAT CITY. AND MAKE MONEY.

BUT IT IS EVEN MORE AMAZING TO BE A POSITIVE IMPACT TO THE COMMUNITY. THIS IS WHY I WANT TO START WITH THIS BECAUSE ALL MY LIFE, FROM THE VERY BEGINNING, MISSIONS IS VERY BIG PART OF ME, THE WHOLE FAMILY.

I WAS BORN IN UKRAINE, DURING SOVIET UNION, WHEN IT BROKE APART. MY DAD AND THE WHOLE FAMILY, WE MOVED TO RUSSIA AS MISSIONARIES.

IT WAS BECAUSE OF THE MISSIONARIES FROM UNITED

[03:05:01]

BUT IT IS EVEN BETTER, WHEN YOU KNOW, I AM ABLE WITH MY FAMILY, WITH THE COMMUNITY THAT WE ALREADY HAVE, TO BE ABLE TO MAKE IMPACTS HERE IN DALLAS, CEDAR HILL, MIDLOTHIAN.

WE HAVE DONE PROJECTS JUST THIS YEAR, ALREADY 12 PROJECTS LOCALLY, AND IT IS NOT INCLUDING ABROAD IN UKRAINE AND OTHER COUNTRIES. AND I DO HAVE A REPRESENTATIVE, A COO, I DO HAVE RICHARD WITH ME, THE SO ALL OF TRUCK SALES.

YES, WE ARE LOCALLY HERE. WHAT I'M TRYING TO MENTION IS, WE ARE LOCALLY HERE. I MOVED TO SOUTH DALLAS, 2010.

AND I'VE BEEN ALREADY PUTTING WRITTEN HERE.

ORIGINALLY, WE WERE THINKING TO SET EVERYTHING UP AND CEDAR HILL. I CURRENTLY LIVE IN CEDAR HILL.

WE HAD AN OFFICE AND EVERYTHING, LAND OWNED THAT WE WERE GOING TO DEVELOP. BUT LET'S SAY THE BIG GUYS CAME OVER AND SAID, YOU GOTTA MOVE OVER.

AND I LIKE IT DEPENDS! IS THERE AN OPPORTUNITY? WE SAW THE OPPORTUNITY HERE IN MIDLOTHIAN.

I THINK IN MANY WAYS IT IS A BLESSING.

EVEN BETTER. YES, BECAUSE WE STARTED TO LOOK INTO MIDLOTHIAN, IT IS FAR IN MY OPINION.

BETTER THAN CEDAR HILL! [LAUGHTER] YES.

AND THEY ARE MORE PICTURES ABOUT WHAT WE DO AROUND THE WORLD. I WANT TO GO BACK TO A COUPLE OF THINGS. YES.

THE REASON WHY WE ARE HERE, AND JOSH KIND OF MENTIONED THAT IS BECAUSE BELIEVE IT OR NOT, THIS AREA IS ZONED CURRENTLY AS SINGLE-FAMILY. RESIDENTIAL.

WE CAN ALL AGREE THAT EVERYWHERE AROUND, THERE IS EITHER AG OR LIGHT INDUSTRIAL ALREADY.

AND GOING TO YOU KNOW, ACROSS ON THE TOP OF THEIR YOU CAN SEE THAT THAT IS FLOOD AREA THAT IS A RIVER.

AND ON THE OTHER SIDE, IT IS ALL LIGHT INDUSTRIAL.

THIS WHOLE AREA IS LIGHT INDUSTRIAL.

SO, WHEN THE CITY STAFF, THEY PROPOSED TO HAVE EVERYTHING LIGHT INDUSTRIAL, WE HAVE A PROBLEM WITH THAT.

THAT'S WHY WE HAVE YOU KNOW, EVERYTHING IS THAT WE ARE NOT DEVELOPING CURRENTLY. FOR THAT TO BE LIGHT INDUSTRIAL, TO SWITCH THAT TO BE LIGHT INDUSTRIAL.

AND THEN, BECAUSE OF THE USES TO THE LEFT OVER THERE BECAUSE WE ALREADY KNOW EXACTLY WHAT WE WANT TO DO THERE, THAT'S WHY WE ARE HERE TO PROPOSE AN AMENDMENT TO THIS, YOU KNOW BRING UP THE EXISTING BUILDING TO THE STANDARDS THAT WE WANT IT TO BE CURRENTLY. ACTUALLY, -- THERE WAS A PICTURE, YOU'VE SEEN THE EXISTING, WHAT IT USED TO BE AND WHAT WE WANT IT TO BE. IT IS MUCH MUCH BETTER YOU KNOW, HIGHER QUALITY THAT I BELIEVE YOU KNOW MIDLOTHIAN, DESERVES AND ALSO, SOMETHING I WANT TO BE PROUD OF.

THE BUILDING RIGHT HERE, IT IS A HEADQUARTERS.

IT IS VERY IMPORTANT TO ME, THAT YOU KNOW, THIS WON'T BE RUN DOWN OR BARELY MINIMUM BUILDING JUST BECAUSE SOMEBODY WILL MOVE IN TENANTS MAKING MONEY.

THIS IS HEADQUARTERS, THIS IS VERY IMPORTANT TO ME BECAUSE AS SETTING ROOTS RIGHT HERE IN MIDLOTHIAN, WAS MY BUSINESS, I

[03:10:11]

THIS IS WHY IT IS VERY IMPORTANT THAT THE LIST OF THINGS THAT WE ARE PROPOSING TO BE PERMITTED, THOSE SIX ITEMS, BESIDES LIGHT INDUSTRIAL, IT SPECIFICALLY IS TO THE AREA THAT IS HIGHLIGHTED IN RED. WE ARE NOT ASKING THE WHOLE THING TO BE TRUCKING. YOU'RE ACTUALLY LIMITING EVERYTHING TRUCKING AS YOU CAN SEE THOSE FOUR TOP COME OUT OF THE SIX ITEMS, FOUR OF THEM RELATING TO MOTOR VEHICLE SALES, SERVICE, MOTOR VEHICLE REPAIR GARAGE BECAUSE YOU KNOW, SERVICE FOR THE DEALERSHIP. EVERY DEALERSHIP YOU KNOW, HAS A SERVICE AND THEN PARKING LOT TO PARK THOSE THINGS.

GENERAL TRUCKING AND FREIGHT. ALL OF THAT WILL BE ONLY IN THAT BLUE AREA. WE NOT EVEN TALKING ABOUT THE NEW BUILDING FOR THAT. THE OTHER TWO, THINGS WHICH HAS TO DO WITH -- I DON'T KNOW IF I CAN -- IT'S NOT ON HERE.

STORAGE. YES, IT IS FOR THAT TENANT.

WHICH IS -- THE TENANTS THAT ARE THERE.

IT IS NOT YOU KNOW TO RENT OUT AND STUFF LIKE THAT.

YES. JUST LIKE COLBY POINTED OUT, THE REASON WHY WE WORK AT THE P&Z HAD TO DO WITH SPECIFICALLY, THE APPROACHES. ACTUALLY LIKED ALL THE FEEDBACK THAT WE GOT AND BECAUSE OF THAT, WERE ABLE TO -- I WANT TO POINT OUT THAT WE HAVE HAD TXDOT APPROVED IT BUT ALSO, CITY, WE ALL CAME TOGETHER. YOU KNOW OUR TEAM, TXDOT AND HAD ENOUGH COLLABORATION, TO TALK OVER THIS YOU KNOW FOR EVERYBODY TO TALK OVER THEM PRIVATE AND TOGETHER AND TO COME OUT WITH THIS. WE HAD YOU KNOW OUR ENGINEERS SET THIS UP, I ACTUALLY THOUGHT IT WAS ALSO A VERY GREAT IDEA TO HAVE THAT EXISTING MOVED AND HAVE IT RIGHT OUT ONLY BECAUSE MYSELF AS A CDL CLASS A HOLDER FOR 16 YEARS NOW, YOU KNOW, DRIVING RIGS, I UNDERSTAND THE SAFETY, AND IT IS VERY IMPORTANT FOR ME THAT WE MAKE THIS SAFE.

I CAN TALK AND TALK I'M JUST MAKING SURE I HAD THE POINTS BUT AGAIN, THE TEAM DID REALLY REALLY GOOD WITH POINTING OUT ALL THE STUFF. SO, I'M SURE THAT IF YOU HAVE ANY QUESTIONS, WE WOULD LOVE TO ANSWER.

>> FIRST QUESTION. THE COMPANY, WHAT IS THE

PURPOSE OF THE ON-SITE? >> GREAT QUESTION.

THEY MAKE AND PACK RIGHT AWAY. WE WANT TO HAVE A BASE FOR OUR MISSIONS ORGANIZATION. TO MAKE DISCIPLES, BUT ALSO TO BE ABLE TO HAVE THE STORAGE, TO DO ALL THINGS.

>> WHAT WOULD YOU BE DOING, MISSIONS WORK THERE? VOLUNTEERS THEY ARE DOING DIFFERENT --

[03:15:03]

>> NO, THIS IS HEADQUARTERS. THE WAY IT WORKS, WE OURSELVES, DON'T COME HOW CAN I SAY THIS? WE OURSELVES, IT IS IN THE BYLAWS AND MISSION STATEMENT THAT WE PARTNER WITH OTHER NONPROFIT ORGANIZATIONS, THAT ALIGN WITH OUR VIEWS AND SO FORTH, AND WE BASICALLY HELP THEM YOU KNOW, TO DO MINISTRY LIKE FOR EXAMPLE, THE 12 PROJECTS THAT WE DID.

IT WAS CHURCHES, OTHER NONPROFIT ORGANIZATIONS IN SOUTH DALLAS THAT WE CAME FORTH AND SAID, HOW CAN WE LIFT YOU UP? HOW CAN WE LIFT UP YOUR HANDS, YOU KNOW SO THAT YOU CAN MAKE BIGGER IMPACT? AND BECAUSE OF THAT, YES, WE NEED OUR STAFF OBVIOUSLY, WE WANT TO GROW, IT'S BEEN WORKING VERY WELL, THERE IS A BIG NEED FOR IT. AND THERE'S A LOT OF NONPROFITS THAT REALLY NEED HELP. YOU KNOW, I WANT TO SAY, WITH ADVICE ON HOW TO MAKE POTENTIALLY POSITIVE IMPACT BUT THEY ARE ALREADY DOING. WE FEEL LIKE WE HAVE DONE THAT.

ALSO, WITH THIS BUILDING, THERE IS LIKE RIGHT HERE BESIDE ON THE FIRST FLOOR, WE'RE GOING TO HAVE AUDITORIUM, BISTRO.

WHERE WAS IT? THERE WE GO, RIGHT THERE.

YOU WILL HAVE VOLUNTEERS HELPING INSIDE THE NONPROFIT.

YOU HAVE THE COO, ON SITE. THE STORAGE SPACE BEHIND IT, WE WILL SEE A LOT OF DONATIONS, COSTAL, WALMART, SAM'S CLUB, YOU NAME IT. AND ALL THE FOOD PANTRY ITEMS, WE ARE CURRENTLY TALKING TO -- UNTIL WE GET REFRIGERATORS AND SO FORTH, WE WILL BE HELPING THEM WITH DONATIONS AND SO FORTH. WE WANT TO BE PART OF THE COMMUNITY LIKE PETER SAID COME HELP OTHER NONPROFITS BE SUSTAINABLE WHICH HELPS SUSTAIN, WE NOT LOOKING TO GET MONEY FROM THE CITY, NOT LOOKING TO GET MONEY FROM OTHER ORGANIZATIONS. OUR BUSINESSES, OUR INFLUENCE, OUR PARTNERSHIPS WITH PEOPLE WORLDWIDE HELP US MAKE THAT

DIFFERENCE. >> THAT THE PURPOSE OF THE

TRAILER PARKING IN THE BACK, FOR DONATIONS?>> NO.

THIS IS, AS YOU CAN SEE, THE BLUE IS KIND OF ALTOGETHER, THAT IS FOR THE TRUCK DEALERSHIP.

>> THE TRUCK DEALERSHIP WILL ALSO SELL TRAILERS?

>> WE WILL STORE, YEAH. >> STORE OR SELL?

>> SELL. >> NEW OR USED?

>> RIGHT NOW IT IS USED BUT WE'VE GOT AND I GUESS YOU KNOW -- IT IS ALL WITHIN FAIRLY NEW BECAUSE YOU DON'T WANT TO SELL, YOU CANNOT SELL SOMETHING FOR GOOD MONEY THAT IS VERY OLD.

I'M TALKING ABOUT LIKE, FOUR YEARS TOPS.

USUALLY WE BEEN TELLING MY FRIEND WE HAVE 2019 MODELS,

2020, 2023. >> OKAY.

>> NEW OR USED VEHICLES? >> RIGHT NOW, IT IS ALMOST NEW

BUT USED, YES. >> ARE YOU SELLING CARS?

>> NO. >> TRUCKS OR TRACTOR-TRAILERS?

>> YES. SOME CLASSE TRUCKS AND SEMI

TRUCKS. >> AND WE HAVE THIS, THIS BUSINESS, IS ALREADY OPERATING FROM CEDAR HILL, RENTAL LOCATION THAT WE HAVE. SO THE DEALERSHIP IS ALREADY

YES, OPERATIONAL. >>.

[INAUDIBLE] >> YES, THAT IS THE GOAL.

>> ,GOOGLE MAP THE LOCATION IN CEDAR HILL?

MARY? >> GOOGLE EARTH.

>> GOOGLE EARTH THE EXISTING LOCATION.

>> A COUPLE OF QUESTIONS. SOME MIGHT BE FOR THE APPLICANT SOME MIGHT BE FOR THE STAFF. YOU ARE SAYING, YOU HAVE THE SIDE, TO DEALERSHIP, BUT ONE PART SAID DEALERSHIP, NOT TRUCK

[03:20:04]

HIS LIGHT REPAIRS TO GET THEM BACK OUT? IT IS NOT LIKE A TRUCK REPAIR SHOP.

DOES THAT MAKE SENSE? IN THE SUP YOU'RE ASKING TO HAVE A MOTOR VEHICLE REPAIR GARAGE.

>> YEAH. >> I AM -- YOUR FAMILIAR WITH CAR DEALERSHIPS, EVERY CAR DEALERSHIP HAS A SERVICE AREA IN THE BACK. IT IS NO DIFFERENT HE WILL TAKE THOSE FRONT BAYS AND TURN INTO A SHOWROOM, FOR STAFF AND MANAGERS IN ALL THE SERVICE WILL OCCUR IN THE BACK.

FOR THE VEHICLE DISAPPEAR. >> OF PEOPLE ARE TAKING THEM

THERE TO GET FIXED. >> COMMERCIAL SERVICE FACILITY FOR THE VEHICLES YOU'RE SELLING ONLY NO THIRD-PARTY SERVICE.

>> YEAH, YOU CAN GET ENTIRE CHANGE.

>> ARE LOOKING FOR THE NAME? WE ARE ONLY UNDER -- IS ONE OF THE OTHER COMPANIES. PEP TRUCKING, YOU CAN FIND IT THERE. ALSO CURRENTLY, THERE ARE OTHER TENANTS AND THE PEOPLE WHO PARKED TRUCKS.

THERE IS ANOTHER TENANT THAT IS, THEY HAVE ROLES AND STUFF LIKE THAT. THEY GO.

THAT ONE RIGHT THERE. >> DO YOU ANTICIPATE, THAT'S HT NOW AND THIS IS, THIS IS DEFINITELY NOT -- BECAUSE OF THE OWNER, AND BECAUSE OF US HAVING VERY LITTLE CONTROL OVER WHO PARKED THERE, AND WHAT GOES ON IN THERE, YEAH. QUESTION WE GO BACK TO THE BIRDSEYE VIEW? HOW MUCH OF THAT PROPERTY IS YOUR PROPERTY? OUT OF THAT BIG BUILDING, I ONLY HAVE 800 SQUARE FOOT. AND WE PARKED 17 VEHICLES WITH OTHERS. RIGHT NOW WE DON'T SHOW BUT HE ACTUALLY KICKED OUT A LOT OF THE TRUCK ON THE RIGHT SIDE.

AND JUST PUT A STORAGE OF WHAT DO YOU CALL THOSE? [INAUDIBLE] MY LEASE ACTUALLY EXPIRES HERE AT THE END OF THE YEAR. BECAUSE HE WANTS TO TAKE IT ALL FOR HIMSELF AND I DON'T KNOW, EXPAND AND STUFF LIKE THAT.

>> YOU ARE ONLY PART OF THIS? >> EMILY PART OF IT.

THERE ARE TWO OTHER TENANTS ACTUALLY THERE.

BESIDES ME. >> SO, I UNDERSTAND THE SUP, EVERYTHING TRUCKING LADIES ONLY AND THAT RED OUTLINE.

>> THE BLUE OUTLINE. >> THAT IS TO THE LEFT OF THE OTHER MAP. AND THAT, ALL THE NEW AREA BEING BUILT, YOU HAVE TENANTS, HERDED BISTRO, MERE MISSIONS HEADQUARTERS. WHAT ELSE IS GOING IN THERE?

SO OTHER TENANTS. >> MY TRUCKING COMPANY, WHO CURRENTLY HAVE CLOSE TO HUNDRED TRUCKS.HEY'RE ALL OVER THE WORLD. THE REASON WHY WE'RE PUTTING THEM IN THIS BUILDING AS THEIR HEADQUARTERS, BECAUSE IT IS A BACK OFFICE SUPPORT. WE'VE DONE THIS ALREADY WITH THIS MODEL MAY BE YEARS AND IS WORKING.

REALLY HAVE OWNER OPERATORS WE DON'T HAVE DRIVERS AND STUFF, WHICH ZACH CUTS A LOT OF YOU KNOW, USE THAT MAKES THE OPERATION MUCH SIMPLER. AND LIMITS WHERE WE CAN PRETTY MUCH DO EVERYTHING WITH BACK OFFICE SUPPORT.

>> THE TRUCK STILL COME TO THE BUILDING, IT IS ADMINISTRATION.

>> MOST OF OUR GUYS LIVE IN THE EAST, I WOULD SAY MOST BEEN TALKING 90 PERCENT BECAUSE THAT IS WHERE THE MONEY IS AT.

TEXAS IS NOT A GOOD AREA TO GO DOWN WITH RATES UNFORTUNATELY.

BUT THE WHOLE TEAM IS LOCAL HERE.

WE ACTUALLY HAVE A FEW OF THEM THAT LIVE IN MIDLOTHIAN.> I HAVE SOME QUESTIONS FOR STAFF. BUT I DON'T WANT TO --

>> I JUST WANT TO MAKE SURE A FEW THINGS.

[03:25:07]

IF WE, AS THIS IS GOING TO BE APPROVED AND I WANT TO MAKE SURE THAT WILL HAVE THE ORDINANCE AGREEING WITH THE APPLICANT SAY BECAUSE THE OWNER TRUCKING THE BLUE THEY WILL PROBABLY HAVE TO MODIFY THE ORDINANCE A LITTLE BIT TO EXCLUDE THAT SECOND BUILDING. AND THAT'S MORE OF A STATEMENT I GUESS YOU KNOW MAYBE IT'S A QUESTION AS WELL.

>> THE ORDINANCE FOR THE LIMITED USE ZONE SPECIFIES, ALL THE USES WE LISTED, WERE LISTED COVERS THE ENTIRE AREA SO WE DIDN'T SPECIFY A LITTLE BIT TO THIS PORTION.

WE CAN FOR FURTHER CLARIFICATION, WE CAN SPECIFY

THAT. >> I GUESS THE ONLY ISSUE THERE MIGHT BE, OBVIOUSLY BECAUSE OF THE ENTRANCE, THE INGRESS AND EGRESS, TRUCK HAD TO USE THAT. THEY HAD TO CUT THROUGH THE SITE FROM THE OFFICE BUILDING. YOU HAVE TO JUST TO GET TO THAT THERE'S NO OTHER WAY TO GET THERE.

BUT THAT MIGHT BE WORKED OUT. I ALSO WANT TO CLARIFY SOMETHING. EVEN IF THEIR INTENT IS NOT TO DO MAJOR VEHICLE REPAIRS AT THIS LOCATION, THE SLANDEROUS ONES WITH THE LAND. IT JUST CARRIES ON AND IT COULD BE THAT ANYBODY JUST SHOWS UP AND GET THEIR VEHICLES WORKED ON AT THE SITE. AND IN ADDITION TO THAT, I DON'T KNOW IF THEIR INTENT I WAS GOING TO CLARIFY THIS.

THEIR INTENT WITH THE BACK PARKING AREA, SILICATE IS DEALERSHIP USE RIGHT NOW. BUT, BASED ON THIS BECAUSE IT SAYS TRUCK PARKING LOT WITHOUT AN ASSOCIATED BUILDING, THERE IS NOTHING TO KEEP THAT FROM JUST BEING LIKE AN OVERNIGHT TRUCK PARKING FOR TRAVEL. YOU HAVE TO STOP OVERNIGHT THEY GO AND FIND THIS PARKING LOT. BECAUSE THIS RUNS WITH THE LAND IT IS NOT OPERATION SPECIFIC TO THAT.

THAT WOULD BE ALLOWED. IF THEY CHOSE TO DO THAT.

>> RIGHT. AND SO, YOU'RE CORRECT IN THAT I'LL START WITH THAT. THAT IS SOMETHING THAT IF APPROVED, WE COULD GO FARTHER AND SPECIFY THE AREA LIMITED TO X, Y, AND Z. I THINK MORE SO, JUST TO GIVE A LITTLE BIT OF, I DO KNOW THIS IS BETTER UNDERSTANDING OR NOT BUT TO SHOW HER STUFF IS COMING FROM. ON THE PRESENTATION WHERE WE LISTED THE SIX PIECES THAT WERE ALLOWED WITHIN A LIMITED USE ZONE, A LOT OF THOSE IN A SENSE WERE, LOOKS MORE THAN REALLY WHAT IT IS. BECAUSE OUR USE CHART, DEFINITIONS DON'T EXACTLY SPECIFY WHAT THE APPLICANT IS TRYING TO DO, YOU TRY TO COVER TWO USES ONE SO FOR EXAMPLE, STICKING WITH THE MOTOR VEHICLE SALES AND SERVICE, THEN MOTOR VEHICLE GARAGE, MARIE THOSE WE THINK LIKE THE WORDS YOU KNOW WHETHER IT IS -- IN RELATION TO VEHICLE REPAIR IN THE GARAGE.

HOWEVER, AS APPLICANT DATA, THEIR USES ARE TECHNICALLY, THAT PHRASE HOWEVER, WHERE A LESSER SCALE THAN WHAT IS.

HOWEVER, OUR DEFINITIONS AND THE USE CHART DON'T MENTION EXACTLY WHAT THE APPLICANT IS SAYING.

JUST AS A BROADER VIEWPOINT OF THE VEHICLE SALES SERVICE, VEHICLE GARAGE, NOT SURE IF THE MAKES ANY SENSE.

TRYING TO COVER TWO AND ONE. YOU ARE CORRECT IN REFERENCING WHAT YOU SAID. WE CAN SPECIFY THAT LITTLE

MORE. >> I THINK WE WOULD HAVE TO BECAUSE YOU KNOW, THEIR INTENT, AND SUBSEQUENT USES INTENT, BECAUSE IF I'M READING THIS CORRECTLY, THIS WOULD REQUIRE NORMALLY A SUP. AND WE CAN PUT LIMITATIONS ON IT. IT WOULD END YOU KNOW IF SOMETHING COULD END. BUT IF I'M UNDERSTANDING THE WAY THIS WOULD APPROVE, THERE WOULD BE NO END DATE.

IT'S KIND OF A, RUNS WITH THE PROPERTY FOR EVER.

>> WITH THE PROCESS THERE'S NOTHING THAT WOULD END THIS.

>> I'M STILL TRYING TO UNDERSTAND WHAT IT IS, WHAT IS THE HEARTBEAT OF THIS PROPERTY USAGE? I MEAN, I'VE HEARD INDUSTRIAL, A NONPROFIT.

I'VE HEARD ENTERTAINMENT VENUE, BISTRO, CORPORATE HEADQUARTERS, I'VE HEARD TRUCKING, PARKING LOT.

[03:30:03]

THIS TO ME SOUNDS LIKE A LAUNDROMAT DETAILING I MEAN SOME OF THOSE THINGS THAT YOU SEE, IN OTHER CITIES WHERE THEY

PUT EVERY USE INTO ONE -- >> I'VE SEEN STAFF DID I SUSPECT BEFORE. AND THIS IS APPROVE ON TRYING

TO UNDERSTAND WHAT'S GOING ON. >> I DON'T THINK THIS EVERYTHING YOU JUST DESCRIBED I THINK THE BULK OF THIS IS TRUCK. TRUCK, REVOLVES AROUND TRUCKS.

>> TRUCK WHAT? >> I MEAN MOTOR VEHICLES REPAIR, MOTOR VEHICLES SALES. TRUCK PARKING LOT, STORAGE AND SALE WAREHOUSE. I THINK ALL OF THE OTHER USES ARE THERE THEY ARE TALKING ABOUT THE BISTRO AND MISSION AND ALL THAT STUFF BUT I THINK YOU NEED TO LOOK AT THIS IS A TRUCK FACILITY. I THINK THAT IS KIND OF THE BASIS OF THE ZONING. TO THE POINT THAT I UNDERSTAND.

>> OKAY, THANK YOU. >> THE USES THAT WERE REQUESTING HERE, HOW WE TRY TO FACILITATE WHAT THE OWNER WANTS TO DO WITH THE EXISTING BUILDING, AND THEN SECONDLY, WHAT HE WANTS TO DO WITH THE MULTISTORY BUILDING.

IN THE EXISTING BUILDING IS CURRENTLY A TRUCK SERVICE FACILITY FOR A FLEET COMPANY CALLED TRANS WOULD, THEY ARE JUST ATTENDANT THE OWNER WAS TO TAKE IT OVER TO BECOME HIS TRUCK DEALERSHIP, WHICH ARE SOME OF THE NICER DEVELOPMENT TO DRIVE AROUND DALLAS-FORT WORTH, THEY'RE VERY NICE IN THAT LEVEL BUILDING. BUT WE TRYING TO FIGURE OUT WHAT ZONING USES WOULD BE APPLIED TO BEING ABLE TO USE AS A TRUCK DEALERSHIP BECAUSE IT IS NOT TRUCK DEALERSHIP IN YOUR LIST OF USES. WHEN IT COMES TO THE BUILDING A, MULTISTORY BUILDING, ALL YOU HAVE TO DO IS MAKE SHOULD HAVE STORED IN THE BACK OF ALL THE OFFICES SO AS TO STORIES OF OFFICES, FOUR POTENTIAL TENANTS, THROUGH ALREADY OCCUPIED OR PRELEASED BASICALLY WITH USE FOR ONE MORE OFFICE, WE NEED STORAGE COMPONENT. THAT'S WHY WE ADDED THAT.

IT'S REALLY ALL WE ARE TRYING TO DO, CREATE A SITUATION WITH A TRUCK DEALERSHIP IN THE BLUE WITH PARKING CAPABILITY AND STORAGE AND THE OTHER PORTION OF THE OFFICE.

>> THEN YOU ARE MIXING POTENTIALLY HEAVY TRUCK TRAFFIC. TO VOLUNTEERS OF A NONPROFIT.

[INAUDIBLE] HE DID COME HE SAID THERE WILL BE VOLUNTEERS.

AND I CAN ONLY IMAGINE THAT WE ARE ONLY HALF A STEP AWAY, I CAN ONLY IMAGINE WE HAVE TO STEP AWAY FROM UTILIZING CONFERENCE AREA AND OPEN AREA SPACE -- VOLUNTEER PRESENCE ON

SITE OF A TRUCK YARD. >> THE TRUCK DEALERSHIP IS RIGHT HERE. YOU'RE TALKING ABOUT THIS.

>> YES UNDERSTAND. BUT LIKE THE CITY MANAGER SAID, THEY WILL ALL BE DRIVING ON THAT REDLINE AS A POINT OF INGRESS/EGRESS. [INAUDIBLE] EXACTLY, HERE'S YOUR BUILDING WITH YOUR NONPROFIT AND OFFICES.

HERE'S ALL YOU TRUCK TRAFFIC COMING RIGHT IN THERE.

>> I THINK THE NONPROFIT IS OVER, ISN'T IT?

>> IS IN THIS BUILDING RIGHT HERE.

>> RIGHT HERE IN THIS BUILDING. >> DAILY AT THIS POINT OF INGRESS EGRESS AND THIS POINT. THIS IS THE ONLY POINT OF

ENTRY? >> THAT THE ONLY POINT.

>> EVERYTHING WILL GO BY THE OFFICE BUILDING.

EVERY SINGLE ONE OF THESE LOOKS LIKE ABOUT 50.

GOING TO GET RIGHT THROUGH THERE.

>> SO, THAT BUILDING ON THE BOARD IS THAT AREA?

>> ASKED THAT BUILDING. >> YES, THAT'S WHAT ALL OF THE NON-TRUCKING EVERYTHING YOU MENTIONED WILL BE.

THE YARD HERE IN THE VERY BACK, THAT REALLY IS JUST TO FACILITATE THE TENANT. THIS OFTEN LEADS THEREFORE A SMALL NUMBER OF YEARS. AND THEY HAVE TO BE ABLE TO STORE THE CURRENT UNTIL THIS ON THE TRUCK DEALERSHIP WOULD

ACTUALLY NEED THAT. >> BUT IT WILL BE ALLOWED.

THAT'S THE THING. WITH THIS APPROVAL, THAT WILL

BE ALLOWED TO STAY. >> MENTIONED SOMETHING ABOUT THAT. I'M NOT TRYING TO DECEIVE ANYBODY HERE AND THINKING EXACTLY, WE'RE TRYING TO FIT WITHIN THE USES HI GUYS WANTED TO AND WE ARE MORE WILLING TO YOU KNOW, IF WE NEED TO LIMIT, WE'RE WILLING TO LIMIT BECAUSE

[03:35:05]

AND WE ARE TRYING TO FIT IT IN WITH WHAT YOU GUYS HAVE.

AND MAGIC. AND THERE'S A LEASE THAT'S NOT

THAT MUCH LONGER. >> CAN YOU ALL HELP WHAT WALTER WAS SAYING EARLIER. CAN YOU LINK ALL OF IT TOGETHER? LIKE TRUCKING VERSUS THE NONPROFIT, AND THE OTHER OFFICE IS LIKE, IS IT JUST A TENANT SITUATION? DID THEY ALL LINKED TOGETHER?

>> SO, AS I MENTIONED, IN THE PRESENTATION, A JP IN ALL OF ITS AFFILIATES. I AM OWNER OF ALL OF THOSE

COMPANIES. >> THE OFFICE AND SUPPORT WE ARE DOING, THAT, AND THE OWNER THAT AMTRAK'S SALES ON THE OWNER OF THAT. THE NONPROFIT, I AM THE PRESIDENT OF THAT. WITH BOARD OF DIRECTORS YOU

KNOW ALL OF THAT. >> CAN I SAY ONE THING? I UNDERSTAND WHAT YOU'RE SAYING.

BUT UNFORTUNATELY FROM A ZONING USE SITUATION, USUALLY THOSE THINGS DON'T ALL MIX INTO THE SAME PROPERTY, IT IS PROBABLY WHY WE'VE HAD SOME ISSUES IDENTIFYING.> IF IT WAS ONE ACRE, SOMETHING SMALL, YES BUT THIS IS A 42 ACRE LOT.

>> RIGHT, IF YOU WANTED TO CUT IT INTO DIFFERENT AREAS.

>> THOSE RED LINES OVER HERE. REDLINES OVER HERE.

>> WHAT I'M SAYING, TRUCK DEALERSHIP IN AND OF ITSELF OKAY, I CAN UNDERSTAND THAT. BUT THEN WHEN YOU'RE MIXING TRUCK TRAFFIC AND PEDESTRIAN TRAFFIC INTO WHAT IS GENERAL PROFESSIONAL OFFICE WITH LIGHT TENANT STORAGE CAPABILITY, THOSE TWO USES DON'T USUALLY MIX.

ON THE SAME SIDE. >> OKAY COUPLE OF QUESTIONS.

WHEN YOU WERE TALKING ABOUT THE USE, LIKE IF THEY WERE TO GO AND SELL IT. CAN YOU NOT HAVE AN EXPIRATION

LIKE WE DO? >> NO BECAUSE THIS IS ZONING.

YOU DON'T HAVE AN EXPIRATION ON IT.

>> THAT WILL HAVE AN EXPIRATION.

SO, THOUGH EMCEEING IT, YOU WILL ON MULTIPLE BUSINESSES, USES MORE THAN TWO TO GO WITH. AND HE'S PUTTING ALL IN ONE.

>> WE ARE SPLITTING IT APART, THAT IS THE NEXT STEP.

>> WERE NOT TRYING TO PUSH THE REQUESTED USE ON THE REST OF

THE PROPERTY. >> RIGHT.

BACK TO WHAT CHRIS WAS ASKING EARLIER.

THE FOUR OR SIX, OFFERED BOTH NUMBERS NOW, OF THE, WHAT YOU'RE ASKING TO BE ALLOWED WITHOUT SUP, SAVE THE BLUEBERRY NOT THE RED OUTLINE. NOT THE FIRST AREA.

BECAUSE -- [INAUDIBLE] SO THAT IS DIFFERENT.

UNLESS WE AMEND IT. YOU CAN AMEND IT.

>> ONE THING YOU CAN DO, YOU CAN TAKE THE AREA AND DIVIDE IT INTO ONE AND TWO. LIMITED USE ZONES.

YOU COULD DO ZONE ONE AND TWO. THEN AT THE TOP YOU WOULD LIMIT THE TRUCK RELATED REPAIRS TO THAT.

THAT WOULD BE AN EASY FIX. >> CAN YOU ADD AN EXTRA ROAD THAT WOULD NOT USE THE PRIMARY, LIKE A PERIMETER ROAD?

>> AS THE WEST PORTION OF THE CREEK BED EXPANDS AND GROWS, CURRENTLY YOU HAVE IT WE ARE TODAY, FUN ZONE COMING IN ON THE OTHER SIDE. YOU'RE LOOKING AT A POTENTIAL ROAD BEING ABLE TO COME IN ACROSS THE CREEK BED.

>> NO, I MEAN RIGHT HERE. SO, A DIVIDE, YOU HAVE TO MOVE IT OVER AND PUT IT RIGHT IN HERE THAT IS SEPARATE FROM THIS ROAD. THIS WOULD BE CARS AND THAT

WILL BE TRUCKS THAT WOULD GO. >> YOUR ROADS NEXT TO EACH

OTHER? >> NO, COULD HAVE TWO CUTS, BUT ONCE HE GETS THERE, WE WOULD HAVE A SECONDARY PERIMETER ROAD THAT WOULD GO ALONG THE BACKSIDE, THAT WILL PREVENT THE POSSIBILITY OF ANY TRUCK GOING INTO THIS GENERAL PROFESSIONAL USE AREA. UNLESS DOING A DELIVERY.

THE GOAL HERE IS MOVING TRUCKS IN AND OUT, FOR SALES, IT JUST

[03:40:06]

>> I DON'T UNDERSTAND WHAT'S WRONG WITH TRUCKS GOING UP AND AROUND. IT'S NOT LIKE PEDESTRIANS ARE

IN THE STREET. >>.

[INAUDIBLE] >> TO GO UP AND AROUND THE BUILDING, RIGHT? AND IF THEY GETTING OUT AND GOING INTO THE BUILDING ITSELF, YOU PULL IN, PARK, WALK ACROSS.

YOU THINK THEY WILL PARK ACROSS TO THE RIGHT OR ACROSS THE

STREET? >>.

[INAUDIBLE] >> I THINK THAT CIVIL SITE PLAN. THE ONE DRAWING, THE ONE DRAWING THE CIVIL ENGINEER HAD WAS A BETTER VIEW.

YOU ARE PROVING ZONING, WHICH ALLOWS THINGS BY RIGHT.

YEAH, THERE IS MORE THAN THAT. >> WE ARE HAPPY TO CREATE THE LOCATION IT MAKES SENSE. [INAUDIBLE]

>> OBVIOUSLY WE COULD DO AND -- A AND B.

>> ON THE PROPOSED OFFICE STORAGE BUILDING, IT SAYS 22,000 SQUARE FEET.HAT IS YOUR ANTICIPATED USAGE FOR THE NONPROFIT, HOW MANY SQUARE FEET?

>> ABOUT 1000 SQUARE FEET. >> HOW MUCH FOR STORAGE?

>> WE'RE TALKING ABOUT HALF OF THAT.

>> 10,000 STORAGE, THEN THE ROOFING COMPANY HAS THE OTHER

HALF. >> THE STORAGE, ARE WE TALKING ABOUT INDOOR STORAGE UNITS? WHAT ARE YOU TALKING ABOUT?

>> I BELIEVE IT WOULD BE BUTTOCKS THAT ARE BEING PROVIDED FOR PEOPLE INVENTORY THROUGH MISSIONS TO PEOPLE AROUND THE OTHER COUNTRY AND DALLAS-FORT WORTH AREA.

>> WHAT YOU'RE TALKING ABOUT, --

>> THERE WILL BE DONATIONS AS WELL AS POTENTIAL TENANT, THE MOVING COMPANY SO THEY WOULD BE STOWING SHINGLES.

>> I HAVE QUESTIONS FOR STAFF. I STILL HAVE QUESTIONS.

THEY BROUGHT THIS UP. >> YES SIR.

>> WHAT AND HERE IS THE RIGHT TO HAVE --

>> B STROKE? >> IS.

>> LET ME CLARIFY. THAT IS A MULTITENANT BUILDING.

WHAT THEY'RE ASKING FOR IS ONE OF THOSE VERY SMALL --

[03:45:02]

>> WHAT ENABLES THEM TO DO THAT?

>> THAT WOULD FALL UNDER THE TECHNICALLY, RESTAURANT USE.

EVEN THOUGH IT'S NOT A FULL RESTAURANT IS ALLOWED IN LIGHT

INDUSTRIAL. >> IN THE LIGHT GREEN, WHAT IS

PERMITTED IN THE AREA? >> ALL OF THIS, IN THE GREEN AREA EVERYTHING IS GOING TO BE UNDER THE INDUSTRIAL ZONING.

THEREFORE, EVERYTHING TO THE LEFT AND READ THEIR ASKING TO BE ALLOWED BY RIGHT TONIGHT. AND EVERYTHING IN THE GREEN, THEY WOULD HAVE TO COME BACK TO P&Z AND COUNSEL FOR REVIEW.

WHETHER -- >> WHAT WOULD THEY HAVE BY

RIGHT? >> EVERY LIGHT INDUSTRIAL, EVERYTHING THAT WOULD REQUIRE A COMMITMENT OR SITE PLAN WOULD HAVE TO COME BACK TO YOU GUYS, THROUGH P&Z AND COUNSEL.

>> WHAT COULD THEY DO THAT WOULD NOT REQUIRE THEM TO COME

BACK? >> LIGHT INDUSTRIAL, USE WILL BE ALLOWED BUT THEY ALSO HAVE TO HAVE THE SITE PLAN REVIEWED

BY P&Z AND COUNSEL. >> THE SITE PLAN DOES NOT NEGATE THE USE. SO WHATEVER IS ALLOWED BY LIGHT INDUSTRIAL, WILL BE ALLOWED AND EVERY TIME THIS HAPPENS, WE ALWAYS GET CONFUSED AND THEY GIVE IT TO US AS A COMPANY HAVE A CONTROL LEVER HERE SO TO SPEAK.

BUT THERE IS NO CONTROL LEVER. IF YOU APPROVE, LIGHT INDUSTRIAL USAGE, THAT IS WHAT YOU WILL GET AND AT THE END OF THE DAY, SITE PLAN IS DO YOU WANT THIS BOX OVER HERE OR THIS BOX OVER THERE? BUT REGARDLESS, THE BOXES GOING

ON THE PROPERTY. >> SITE PLAN APPROVAL, YOU'RE GOING TO ALLOW THE INDUSTRIAL USE, ALLOWED BY RIGHT.

WHEN THE SITE PLAN COMES BACK HE WILL LOOK AT SITE PLANS -- SITE PLAN APPROVAL IS THE USE ALLOWED? IF YOU DEEM THE USE WE DON'T WANT THIS USE IN HERE BECAUSE MAYBE IT WILL CREATE, YOU DO HAVE TO HAVE A LITTLE

FLEXIBILITY BUT. >> QUICKLY FROM WRONG THAT'S EXACTLY WHAT WE DID TONIGHT. --

>> I'M TRYING TO EXPLAIN. IT IS REALLY A RIGHT THAT THEY WILL HAVE TO GO INTO THE INDUSTRIAL SPACE.

>> ONCE THIS IS APPROVED, THERE IS NO MEASURE OF CONTROL, AS LONG AS THE USE IS APPROVED, IT WILL GO IT IS LIKE HOME ZONE TODAY. ALL WE DID WAS A SITE PLAN.

>> THE IMPACT ANALYSIS AND SITE PLAN, IT WILL BE HEAVY ABUSE AND GENERATE TOO MUCH TRAFFIC. THERE WILL BE SOME TYPE OF FLEXIBILITY FOR THE USE. THE INDUSTRIAL USES GOING IN

THERE. >> WE'VE ALREADY TO CLOSE THE OPEN AND GO TO THE SESSION? OR DO YOU HAVE MORE QUESTIONS?

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION AND SECOND, PLEASE VOTE. 4-0, THE PUBLIC HEARING IS

CLOSED. >> WE TALKED ABOUT THIS BEFORE.

I WOULD RATHER NOT CONSIDER SOMETHING DIFFERENT THAN WHAT P&Z CONSIDERED. AND I DON'T KNOW WHAT P&Z CAN DO. ALL THE DAYS OF VOTED SEVEN Ã ZERO TONIGHT. A SPECIFIC REQUEST.

IS IT CORRECT THAT THE THINGS THAT P&Z WERE AGAINST HAVE BEEN

FIXED? >> WE KNOW THAT SOMETHING HAS BEEN AND WOULD KNOW IF ALL THE ISSUES HAVE BEEN FIXED.

>> WHAT YOU MEAN YOU HAVEN'T SPOKEN?

>>. [INAUDIBLE]

>> AGAIN, SORRY, AS APPLICANT STATED, THE LAST MEETING NOVEMBER WAS A SECOND GO AROUND.

ORIGINALLY WHEN OCTOBER, THEY GOT THEIR CONCERNS FROM P&Z.

P&Z WAS ESSENTIALLY READY TO RECOMMEND APPROVAL.

THEY DID FEEL COMFORTABLE AT THE TIME DUE TO TXDOT NOT

STATING -- >> WHAT WAS PRESENTED TO THEM,

WAS TURNED DOWN, 7-0. >> TO GIVE A BASIS.

>> THEY DID. >> I UNDERSTAND WHAT YOU ARE SAYING. I'M SLIGHTLY CONCERNED ABOUT WHAT I FEEL IS A LOT OF THINGS HAPPENING HERE.

AT THE VERY MOST I WOULD SUPPORT, IS A TABLE AND TO THE REST OF COUNSEL IS HERE.E ARE MISSING THREE PEOPLE.

[03:50:02]

IF YOU WANT TO WAIT, WE CAN TALK AS A GROUP OF SEVEN.

IT'S KIND OF WHERE I'M AT. >> CAN WE DISCUSS WHAT THE HOLDUPS ARE, AND ARE THEN ABLE TO MAKE ADJUSTMENTS IF IT'S CONTINUED. OR IS IT NOT ALLOWED.

TO MAKE ADJUSTMENTS. >> WE CAN DO THAT.

-- WE ALSO SAID WE DON'T LIKE LAST-MINUTE CHANGES TO THE PACKET. STAFF HAS NOT HAD TIME TO PROPERLY VET. SO.

>> IF WE CONTINUE, CAN WE GIVE FEEDBACK OF OVERALL BIG CHANGES? NOT DESIGNING FROM THE DAIS BUT

-- >> I WOULD ALSO LIKE TO DENY WITHOUT PREJUDICE. SO THEY CAN GO BACK QUICKLY TO

P&Z. >> IS THAT EMOTION?

>> HE DIDN'T SAY THAT. >> I WILL MAKE A MOTION.

>> I WILL SECOND. >> IS IT DIFFERENT?

>>. >> IS IT DIFFERENT FROM CONTINUING, HOW IS IT DIFFERENT?

[INAUDIBLE] >> THEY CAN GO THROUGH THE PROCESS AGAIN WITHOUT WAITING THE TIME PERIOD REQUIRED BY ORDINANCE. SIX MONTHS.

>> THEY CAN COME BACK IMMEDIATELY.

>> OKAY BUT -- WE ARE STILL NOT GIVING FEEDBACK.

WE ARE NOT TELLING THEM WHY. IF THEY'RE GOING TO COME BACK.

>> DO YOU WANT TO GO FIRST? I FEEDBACK POINTS.

>> I'M CONCERNED ABOUT THE ENTRY POINT FOR THE TRUCKS.

I'M CONCERNED OF THE MIXED USE OF THE BASE ZONING, SEEMS TO BE A STRETCH. I AM CONCERNED ABOUT THE CONTINUATION OF THE OUTDOOR TRAILER PARKING.

THAT TO ME, YOU KNOW, WE ARE TOLD THAT THERE IS A COUPLE OF REALLY NICE RIGS OUT FRONT. BUT THEN I SEE 50 PARKING SPACES IN THE BACK. THE USE OF THE BUILDING, HAVE SPANNED MANY INDUSTRIES, SOME PROFESSIONAL, SOME LOGISTICS, SOME FOOD. ALL IN THE SAME BUILDING.

IT IS VERY BUSY, THAT'S MY CONCERN.

>> JUST WE HAVE TOO MUCH CONFUSION, MOTION TO DENY WITHOUT PREJUDICE. ARE YOU REMOVING THE MOTION?

> WE ARE IN DISCUSSION. >> I JUST WANT TO MAKE SURE -- NOW WE'RE GETTING CLARIFICATION.

>> YOU ARE ON TASK. IS THAT WHAT YOU'RE CLARIFYING?

>> YOU ALSO DON'T WANT THE MOTION TO BE OFF.

>> DO YOU HAVE FEEDBACK? >> I VOTED.

>> RIGHT NOW, [INAUDIBLE] MOTION TO DENY WITHOUT PREJUDICE. THERE WAS A SECOND.

A REQUEST TO TABLE IT AND ITS COUNSEL DESIRE TO TABLE, FOR THE NEXT MEETING OR BRING IT BACK THEY WOULD HAVE TO WITHDRAW THE MOTION AND THEN THE SECOND WOULD DIE.

>> BUT IF WE TABLE IT IT DOESN'T GO BACK TO P&Z.

>> IT DOESN'T GO BACK TO P&Z THEY HAVE TO START THE ENTIRE PROCESS OVER.> NO. DENY WITHOUT PREJUDICE SENDS

THEM BACK -- >> IF WE JUST CONTINUE, THEY DON'T HAVE TO START FROM THE BEGINNING.

I WANT TO CONTINUE. >> MOTION ON THE FLOOR.

>> I'M JUST STATING IT. >> THIS WILL TAKE THREE VOTES TO PASS THE MOTION. I WOULD LIKE THIS DISCUSSION, THE FULL DISCUSSION TO BE DONE BY P&Z, THAT'S WHAT THEY'RE THERE FOR. TO ADVISE US.

AND WE WILL RAISE OUR ISSUES, WHICH HOPEFULLY WILL GO TO P&Z, THE TRAFFIC BOTHERS ME, THIS AREA THERE, COUNCILMEMBERS TALK ABOUT THE TRAFFIC FLOW THERE, AND IT'S BAD.

WE ARE PUTTING WAREHOUSES AT THE MAIN ENTRY POINT OF OUR CITY. AND YOU KNOW, THAT WHOLE THING CAN MUST BE WAREHOUSES. YOU DON'T KNOW WHAT THE LIMITS ARE. THOSE ARE MY CONCERNS.

UNLESS COUNSEL HAS ANY OTHER CONCERNS OR POINTS, I WOULD

[03:55:01]

MOTION IS TO DENY WITHOUT PREJUDICE WHICH ALLOWS APPLICANT TO GO BACK TO P&Z STRAIGHTAWAY.

>> SECOND. >> AND A SECOND ON THE FLOOR.

>> VOTE IN FAVOR IS A MOTION TO DENY WITHOUT PREJUDICE.

[INAUDIBLE] >> MOTION PASSES, 3-1.

>> THEY CAN COME BACK AS SOON AS THEY, AS SOON AS THEY CAN.

>> AND WHICH ONE ARE WE DOING? AT THIS TIME WE ARE GOING TO

[EXECUTIVE SESSION]

AT NIN

* This transcript was compiled from uncorrected Closed Captioning.