Apr 01, 2025 City Council

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WELL, GOOD EVENING AND WELCOME TO THE APRIL 1ST, 2025 REGULAR MEETING OF THE GARLAND CITY COUNCIL. IT IS THE CUSTOM AND TRADITION OF THIS COUNCIL TO HAVE AN INVOCATION AND RECITAL OF THE CHOOSE, BUT YOU ARE NOT REQUIRED TO PARTICIPATE IN EITHER OR BOTH. YOUR DECISION IS STRICTLY A MATTER OF YOUR OWN CHOICE AND WILL HAVE NO BEARING ON THE DECISIONS WE MAKE HERE THIS EVENING. TONIGHT WE WILL BE LED BY COUNCIL MEMBER OTT FROM DISTRICT EIGHT, SIR. CARE TO JOIN ME? DEAR LORD, THANK YOU FOR THIS DAY, THIS GATHERING AND THE OPPORTUNITY TO SERVE OUR COMMUNITY WITH DEDICATION AND CARE. GRANT US WISDOM TONIGHT AS WE MAKE DECISIONS THAT SHAPE THE FUTURE OF OUR CITY. WE LIFT UP. THANKS TONIGHT FOR OUR FIRST RESPONDERS, OUR POLICE, FIREFIGHTERS, PARAMEDICS, AND EMERGENCY TEAMS WHO RUN TOWARD DANGER WHEN OTHERS RUN AWAY. BLESS THEM WITH STRENGTH, SAFETY AND THE FULL SUPPORT OF THE COMMUNITY THEY PROTECT. ON A LIGHTER NOTE, ON THIS APRIL FOOL'S DAY, WE PAUSE TO APPRECIATE THE JOY OF LAUGHTER AND THE OCCASIONAL PRANK THAT KEEPS US HUMBLE. HELP US NOT TO BE TOO QUICK TO BELIEVE EVERYTHING WE READ OR SAW. TODAY WE ESPECIALLY GIVE THANKS. YES, TRULY, FOR THE DALLAS COWBOYS CHOOSING OUR VERY OWN WILLIAMS STADIUM AS A PRACTICE FIELD. MAY THEIR PRESENCE INSPIRE OUR STUDENTS, UPLIFT OUR NEIGHBORS, AND MAYBE BRING A LITTLE PLAYOFF MAGIC TO OUR CITY. BLESS OUR WORK TONIGHT AND BLESS GARLAND WHERE BIG DREAMS LIVE. AMEN.

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.

ALL RIGHT. LET'S ALL HAVE A GROUP CALL AND GET IT OVER THERE. WELL, GOOD EVENING

[ MAYORAL PROCLAMATIONS, RECOGNITIONS AND ANNOUNCEMENTS The Mayor may present proclamations, recognize attendees or accomplishments, and make announcements regarding City events or other matters of interest to citizens including but not limited to listed items. There will be no Council discussion or votes on these matters. Pet of the Month]

WE HAVE A TRADITION AROUND HERE. OUR FIRST REGULAR MEETING OF EVERY MONTH. WE HAVE OUR PET OF THE MONTH. THIS MONTH. I THINK THESE DOGS HAVE ALREADY MADE THE ROUNDS. WE HAVE PETS OF THE MONTH. YES. AND THESE TWO, EVEN COMBINED, ARE THE SMALLEST DOG WE'VE EVER HAD FOR PET OF THE MONTH. YES THEY ARE. ALL RIGHT, JUST GIVE ME ONE. YEP. I THINK THAT'S YOUR ASSIGNED PUPPY. THIS IS RIDICULOUS. GOOD EVENING EVERYONE. MY NAME IS CHRISTY FUENTES. I'M THE COMMUNITY OUTREACH COORDINATOR WITH THE GARLAND ANIMAL SHELTER. AND THIS EVENING, I HAVE TWINKLY.

TWINKLY. TWINKLY? YES. HIS ANIMAL NUMBER IS 280398. AND THEN I ALSO HAVE SQUEAKY AND HIS ANIMAL ID NUMBER IS 280399. THEY WERE ACTUALLY FOUND IN FRONT OF A BUSINESS BY A CITIZEN AND BROUGHT TO US. THEY'VE SPENT SOME TIME WITH THE FOSTER TO KEEP THEM OUT OF THE SHELTER UNTIL THEY WERE READY TO BE PLACED UP FOR ADOPTION, AND THEY ARE NOW READY TO FIND THEIR FOREVER HOMES. SO IF ANYONE IS LOOKING FOR A CUTE LITTLE SMALL DOG, WE'RE PLANNING ON GETTING THEM NEUTERED AND MICROCHIPPED TOMORROW SO THEY'LL BE AVAILABLE FOR ADOPTION. SO IF YOU'RE INTERESTED IN ADOPTING THEM, JUST GIVE US A CALL AND WE CAN SCHEDULE AN APPOINTMENT FOR YOU.

WE'RE TECHNICALLY CLOSED TOMORROW, BUT WE'D STILL BE HAPPY TO ACCOMMODATE ANYONE THAT WOULD LIKE TO COME AND MEET THEM. SO JUST GIVE US A CALL IF YOU WOULD LIKE TO MEET THEM.

THEY'RE BOTH MALES AND THEY'RE ABOUT TEN WEEKS OLD. SO I'M NOT THINKING THEY'RE GOING TO GET VERY BIG. IF YOU'RE MORE OF A BIG DOG PERSON, WE HAVE PLENTY OF BIG DOGS AS WELL. WE ALSO HAVE CATS. OUR ADOPTION FEE RIGHT NOW IS ONLY $25. SO IT'S A GREAT, GREAT PRICE. FOR EVERYTHING THAT YOU GET. THAT ONE I THINK, MIGHT ALREADY BE CLAIMED BY SOMEBODY IN THIS ROOM. YEAH. THERE YOU GO. I THINK WE HAVE A SERIOUS CASE OF DENIAL RIGHT NOW. BUT DEFINITELY COME VISIT THE SHELTER IF YOU ARE INTERESTED IN FINDING A NEW PET. WE HAVE SO MANY ANIMALS IN NEED THAT NEED OF A HOME. ALSO IN NEED OF FOSTERS AS WELL. WE EVEN HAVE SHORT TERM POSSIBILITIES FOR THAT. SO REACH OUT IF YOU'RE INTERESTED. DO WE HAVE ANY SPECIALS GOING ON? SO FOR CITY OF GARLAND EMPLOYEES, THE ADOPTION FEE IS WAIVED. OH, GOSH. OKAY. I THINK WE SHOULD

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THERE IS NOT ONE SUBPARAGRAPH. ANYTHING THAT MENTIONS FUN. BUT I HAVE CERTAINLY HAD SOME FUN.

AND WE'RE GOING TO CONTINUE THAT ON WITH A LITTLE FUN. WE HAVE. WE HAVE A RESOLUTION HOT OFF T PRESSES. THIS IS RESOLUTION NUMBER 04012025. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, TEMPORARILY RENAMING SELECT CITY STREETS IN HONOR OF APRIL FOOL'S DAY, CELEBRATING PUNS, LIGHTHEARTEDNESS, AND LOCAL ROAD RECOGNITION, AND DECLARING THAT NO GARLAND STREET MAP WILL EVER BE THE SAME AGAIN. AND WHEREAS THE CITY OF GARLAND, THE CITY OF THE GARLAND CITY COUNCIL, HAS LONG DEMONSTRATED A COMMITMENT TO INNOVATION, PROGRESS, AND OCCASIONALLY MAKING THEMSELVES LAUGH IN PUBLIC. AND WHEREAS THE RESIDENTS OF GARLAND DESERVE STREETS THAT NOT ONLY GET THEM WHERE THEY'RE GOING, BUT ALSO MAKE THEM SMILE ALONG THE WAY, EVEN IF THEY'RE STUCK IN CONSTRUCTION TRAFFIC. AND WHEREAS PUN BASED INFRASTRUCTURE IS A VITAL AND UNDERUTILIZED PART OF THE CITY'S ECONOMIC DEVELOPMENT STRATEGY, AND OUR SOURCE FOR THAT IS ABSOLUTELY NO ONE. WHEREAS MAYOR SCOTT LEMAY, IN THE FINAL WEEKS OF HIS FINAL TERM, WISHES TO LEAVE BEHIND NOT JUST A LEGACY OF LEADERSHIP, BUT ALSO LAUGHTER, WORDPLAY, AND PERHAPS ONE VERY CONFUSED INTERN WHO WILL BE UPDATING OUR GIS DATA SYSTEM. AND WHEREAS IT HAS COME TO THE ATTENTION OF THIS COUNCIL THAT APRIL 1ST IS THE ONLY LEGALLY RECOGNIZED DAY FOR IMPLEMENTING TEMPORARY AND COMPLETELY RIDICULOUS MUNICIPAL DECISIONS. I THINK OUR CITY ATTORNEY WOULD SIGN OFF ON THAT. NORMALLY WE JUST DO THAT ON N AY GIVEN DAY SOMETIMES. NOW, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, IN DISTRICT ONE.

CAMPBELL ROAD SHALL BE RENAMED SUPER HIGHWAY IN RECOGNITION OF ITS NAMESAKE'S SAVORY HERITAGE AND ITS ROLE AS THE BACKBONE OF GARLAND'S DIGITAL INFRASTRUCTURE. WHETHER YOU PREFER CHUNKY, CONDENSED, OR CREAMY, THERE ARE NO JUDGMENTS IN DISTRICT TWO. CASTLE DRIVE SHALL NOW BE KNOWN AS MOAT WAY BECAUSE NOTHING SAYS NEIGHBORHOOD WATCH LIKE A DRAWBRIDGE, AND RUMORS ABOUT FERAL DRAGONS BREATHING FIRE THROUGH THE VILLAGE. IN DISTRICT THREE, BOBTOWN ROAD SHALL NOW BE DESIGNATED BOP TOWN ROAD IN CELEBRATION OF THE DISTRICT'S UNOFFICIAL STATUS AS THE GROOVIEST ROUTE. EAST OF DOWNTOWN, WHERE EVERY TRAFFIC SIGNAL IS RUMORED TO BE TIMED TO 120 BEATS PER MINUTE. DISTRICT FOUR OATS DRIVE SHALL BE RENAMED, AND I THINK THIS IS MY FAVORITE ONE. OATS DRIVE SHALL BE RENAMED HALL AND OATES DRIVE BY UNANIMOUS DECISION OF 80S MUSIC FANS EVERYWHERE AND COUNCIL KARAOKE ENTHUSIAST. AND

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DEDICATED TO THE BRAVE DUCKS AND GEESE TT CALL IT HOME ON THEIR ANNUAL MIGRATION. AND LAST BUT CERTAINLY NOT LEAST, GARLAND AVENUE SHALL BE TEMPORARILY, TEMPORARILY RENAMED YIPPEE KI YAY WAY IN HONOR OF COURAGE UNDER PRESSURE, UNCONVENTIONAL PROBLEM SOLVING AND MAYOR LAMAR'S FIRM BELIEF THAT DIE HARD IS A CHRISTMAS MOVIE, AND SO BE IT. FINALLY RESOLVED THAT MAYOR SCOTT LEMAY SHALL NOT END HIS TERM WITH THE GAVEL DROP, BUT WITH A JOYFUL LAUGH AND A DAD JOKE AND THE TEMPORARY RENAMING OF STREETS THAT DON'T NECESSARILY NEED IT. BUT CHANGING THEM SURE SOUNDS BETTER THIS WAY. SO BE THIS. PASSED AND APPROVED THIS FIRST DAY OF APRIL 2025. I'M GOING TO GO AHEAD AND SIGN THIS, AND I'L'LL GET TH CIY SECRETARY TO NOTARIZE IT. AND SO FOR THE NEXT FEW HOURS, GOOD LUCK GETTING WHERE YOU'RE GOING.

ALL RIGHT. ALL RIGHT. NOW THAT WE'VE GOT PUPPIES AND APRIL FOOLS OUT OF THE WAY, WE WILL

[ CONSENT AGENDA All items under this section are recommended for approval by a single motion of Council, without discussion. Council has had the opportunity to review each of these items at a previous Work Session, and approval of the consent agenda authorizes the City Manager or his designee to execute each item. The Mayor will announce the consent agenda and provide an opportunity for members of the audience, as well as Council, to request that any item be removed and considered separately.]

ITEM TWO G, L AND TAMPA VEGETATION MANAGEMENT. ITEM TWO F, G, P, AND L FAIRDALE TO WALNUT. 138 KV TRANSMISSION LINE REBUILD ENGINEERING SERVICES. ITEM 2GGL CENTERVILLE TO MCCREE 345 KV. TRANSMISSION LINE CONSTRUCTION SERVICES. AND ITEM 2HGL COLLEGE TO BRAND ROAD 345 KV TRANSMISSION LINE UPGRADE. ITEM THREE ORDINANCE ADOPTING FY 2425 ANNUAL OPERATING BUDGET AMENDMENT NUMBER ONE. AND LASTLY, ITEM FOUR GRANT DISBURSEMENT AGREEMENT. GARLAND HOUSING FINANCE CORPORATION. THAT IS THE CONSENT AGENDA. IS THERE ANYONE WHO WOULD LIKE TO HAVE ANY OF THESE ITEMS PULLED AND CONSIDERED SEPARATELY? SEEING NONE, COUNCIL MEMBER ART.

MR. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. I HAVE A MOTION BY COUNCIL MEMBER OT AND A SECOND BY MAYOR PRO TEM. MORE TO EXCUSE ME TO APPROVE THE CONSENT AGENDA AS PRESENTED. MADAM SECRETARY, VOTE FOR US, PLEASE. EXCUSE ME. COUNCIL AND

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WHEN THE PODIUM BUZZER SOUNDS, THE SPEAKER MUST END THEIR COMMENTS. VERY GOOD. MOVING ON.

[a. Garland Development Code (GDC) Amendment (25-04) Hold a public hearing to consider amendments to Chapter 2, Article 5 Use Regulations, Chapter 2, Attachment 1 -- Land Use Matrix as it relates to Commercial Drone Delivery Hub, and Chapter 6 Definitions. ]

ITEM FIVE A GARLAND DEVELOPMENT CODE. AMENDMENT 20 5-04. THANK YOU, MR. MAYOR. THIS IS A GDC AMENDMENT REQUEST THAT ORIGINATED FROM OUR DEVELOPMENT SERVICES COMMITTEE. THIS IS REGARDING COMMERCIAL DRONE DELIVERY HUB AND SOME ASSOCIATED DEFINITIONS. SO FIRST OF ALL, THERE WE ARE PROPOSING A COUPLE CHANGES TO OUR LAND USE CHART REGARDING RELATED TO DRONES.O AS YOU SEE ON THE SCREEN WE HAVE TWO NEW USES LISTED THERE. ONE IS COMMERCIAL DRONE DELIVERY HUB LARGE, ONE IS COMMERCIAL DRONE DELIVERY HUB SMALL. AND WE'RE GOING TO GET TO HOW THE DISTINCTION BETWEEN THOSE TWO IN A LITTLE BIT. BUT FOR THE LARGE ONE ON THE USE CHART, IT IS ONLY ALLOWED WITH AN SUP IN OUR INDUSTRIAL ZONING DISTRICT. AND FOR THE SMALL ONE IT IS PERMITTED WITHIN SUP IN COMMUNITY, RETAIL, LIGHT COMMERCIAL, HEAVY COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS. AS MENTIONED, WE ARE CREATING THREE DEFINITIONS WITH THIS PROPOSED AMENDMENT. TWO OF THOSE WE ALREADY TALKED ABOUT THE COMMERCIAL DRONE DELIVERY HUB, LARGE AND SMALL. THE DISTINCTION IS THE TAKEOFF WEIGHT. FOR THE LARGE. IT'S THE TAKEOFF WEIGHT OF 5,555 POUNDS OR OVER. FOR THE SMALL ONE IT'S UNDER 55 POUNDS AND THAT THRESHOLD, 55 POUNDS, COMES FROM FEDERAL AVIATION ADMINISTRATION FAA. SO OUR AMENDMENT PROPOSED AMENDMENT IS ALIGNED WITH THEIR DEFINITIONS. THE DRONE STAGING AREA DEFINITION. IT'S NOT LISTED AS A USE, BUT IT'S A SUPPLEMENTAL DEFINITION THAT CAN KIND OF COMBINE THE WHOLE OPERATION OF HOW WE ARE WANTING TO REGULATE COMMERCIAL DRONE DELIVERY HUBS. WE ARE PROPOSING ESTABLISHING SETBACKS AND PLACEMENT REQUIREMENTS FOR STAGING AREAS. THERE ARE SCREENING REQUIREMENTS FOR EQUIPMENT AND ACCESSORY STRUCTURE. REGULATION OF PROXIMITY TO NOISE SENSITIVE AREAS. SO FOR COMMERCIAL DRONE DELIVERY HUB, THEY CAN'T BE WITHIN 150FT OF RESIDENTIAL DWELLING UNIT FOR A LARGE ONE. THEY CAN'T BE WITHIN 300FT OF A RESIDENTIAL DWELLING UNIT. THERE WE ARE CLARIFYING WHAT THE PARKING AND LOADING REQUIREMENTS WOULD BE. WE HAVE FORMULATED A PROPOSED SPECIFIC HOURS OF OPERATION. AND AGAIN, AS I SHOWN ON MY PREVIOUS SLIDE, WE AR UPDATING THE USE CHART FOR THESE USES. STAFF RECOMMENDATION IS APPROVAL. WE, THE DEVELOPMENT SERVICES COMMITTEE, HAD PRESENTED THIS ITEM TO CITY COUNCIL IN THE PAST, AND CITY COUNCIL WANTED FOR IT TO COME BACK WITH A FORMAL PROPOSED AMENDMENT. THE PLAN COMMISSION ALSO RECOMMENDED APPROVAL. AT THE PLAN COMMISSION MEETING, THERE WERE SEVERAL DISCUSSIONS RELATED TO WHETHER OR NOT WE ARE REGULATING THE PRIMARY USE VERSUS ACCESSORY USE. WE WERE ABLE TO CLARIFY THAT FOR THE DEVELOPMENT SERVICES COMMITTEE. THE INTENT WAS TO REGULATE IT FOR PRIMARY USE AND NOT ACCESSORY USE. THERE WERE QUESTIONS REGARDING THE DISTANCE REQUIREMENT, HOW IT WAS DETERMINED THAT 150FT WOULD BE GOOD ENOUGH FOR A SMALL ONE, OR 300FT WOULD BE GOOD ENOUGH FOR A LARGE ONE. SO WE DID A LITTLE BIT OF RESEARCH AND WE KIND OF CAME BACK WITH SOME SOUND AND NOISE. RELATED EXPLANATIONS. SO GENERALLY NOISE VARIES GREATLY AMONGST DIFFERENT MODELS, BUT IS GENERALLY NOISE IS GENERALLY AT OR BELOW 75DB FROM THE PROPOSED 100 AND 300 FOOT BUFFER DISTANCE, OR AT OR BELOW 68 DECIBEL DURING FLIGHT. SO THOSE

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THEIRS DO ADDRESS BOTH FROM A PRIMARY AND ACCESSORY USE PERSPECTIVE. BUT ALL THE OTHER MOST BIGGER CITIES, THEY DON'T HAVE THIS ADDRESSED YET. THEY ARE USUALLY JUST GOING OFF OF IT AS AN UNLISTED USE, OR KIND TRYING TO DEFINE IT WITHIN ANOTHER USE FROM THE USE CHART AND SO ON AND SO FORTH. BUT WITH THAT, I'M AVAILABLE FOR QUESTIONS. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? COUNCILMEMBER WILLIAMS. THANK YOU. THANK YOU FOR THE PRESENTATION. AND I LIKE THE HOW AS IT RELATES TO THE NOISE SECTION. AND HOW WOULD WE MONITOR OR REGULATE THAT PROVISION. THAT'S OR WOULD WE OR WOULD FAA. WE WON'T. SO CAN YOU TALK ABOUT WHAT THAT PROCESS WOULD LOOK LIKE. CAN YOU EXPLAIN THAT PLEASE. IS THAT RIGHT? SO WE ARE SO GENERALLY A DRONE IS NEVER GOING TO BE LANDING ON WHERE THEY'RE DELIVERING. IT'S ONLY WHEN THEY'RE GOING TAKING OFF FROM THEIR STAGING AREA. SO ONCE THEY'RE TAKEN OFF THE GROUND WE DON'T HAVE ANY REGULATIONS ON THEM. WE'RE NOT REGULATING THE NOISE LEVEL OR ANYTHING OF THAT SORT. THE ONLY REASON I MENTIONED THAT IS BECAUSE THAT STUDY WAS USED TO DETERMINE WHAT BUFFER DISTANCE WAS APPROPRIATE. AND WITH THAT, WE CAME UP WITH THE 150FT AND 300FT FOR HOW FAR AWAY THEY NEED TO BE FROM RESIDENTIAL DWELLING UNITS. SO THAT THAT'S KIND OF THE CALCULATION THAT WENT IN THERE. SO IF IT WERE TO HAPPEN, A CITIZEN HAS A CONCERN REGARDING THE NOISE LEVEL, TO WHOM WOULD THEY REPORT THAT TO? OR WE'RE ALWAYS HAPPY TO TAKE CALLS, BUT GENERALLY WE WON'T HAVE REGULATING AUTHORITY ON THOSE. THAT'S THAT'S FAA, THAT'S FAA. THAT'S CORRECT. OKAY. ALL RIGHT. THANK YOU. THANK YOU MAYOR. VERY GOOD. COUNCILOR DUTTON. SORRY KIND OF TO GO WITH BJ. I HATE THAT WE DO ORDINANCES THAT WE CAN'T REGULATE. I THINK IT'S ABSOLUTELY RIDICULOUS. AT 150FT IS THAT WE'RE SAYING A DRONE CAN'T GO WITHIN 150FT OF A RESIDENCE. SO IF THEY'RE MAKING A DELIVERY OR THEY DROPPING IT FROM 150FT, WE'RE SAYING A DRONE STAGING AREA CAN'T BE WITHIN 150FT, SO THEY CAN'T TAKE OFF FROM WITHIN 150FT. OKAY. CAN YOU GIVE ANY EXAMPLES OF WHAT A LARGE. DELIVERY WOULD BE? I DON'T I DON'T KNOW IF ANYONE ELSE HAS SEEN THE VIDEO OF THE CAR BATTERY FLYING FROM A DRONE, AND IT OBLITERATES A CAR. SO ANYTHING ABOVE 55 POUNDS. I HAVEN'T SEEN THAT MANY ACTUALLY. SO ANYTHING OVER IT COULD BE, I DON'T KNOW. YEAH. I CAN'T COME UP WITH ANYTHING RIGHT NOW, BUT ANYTHING OVER 55 POUNDS WILL BE LARGE. OKAY. I MEAN, IS THAT. DO WE. IS THERE BUSINESSES THAT DO 55 POUND DELIVERIES CURRENTLY? YEAH. OKAY. THANK YOU. VERY GOOD. ANY ADDITIONAL QUESTIONS FOR STAFF? I SEE NONE. THANK YOU. THANKS. AT THIS TIME, I'D LIKE TO EXCUSE ME. AT THIS TIME, I'D LIKE TO OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE. OH. I'M SORRY. THIS ISN'T PART OF THE PUBLIC HEARING. I JUST WANT TO CLEAR UP A COUPLE OF THINGS RELATED TO THE NOISE AS WRITTEN. IT IS TRUE. WE CAN'T REGULATE THE NOISE WHEN THEY'RE FLYING, BUT WE CAN REGULATE THE NOISE ON THE LAND USE ITSELF. AND SO WHEN THEY'RE ON THE LAND, WHEN

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AND IF THEY WANT TO COME IN AND SAY, LISTEN, WE HAVE AN UNUSUAL SITE HERE. TECHNICALLY WE'RE WITHIN THE 300FT OR THE 150FT. AT THAT POINT, WE CAN DO A WE CAN REQUIRE A SOUND STUDY AND MAKE SURE THAT THE COUNCIL GETS TO CHOOSE AT THAT POINT BASED ON A SOUND STUDY, WHETHER OR NOT THEY WANT TO GRANT THAT IT'S NOT A VARIANCE TECHNICALLY, BUT WHETHER OR NOT THEY WANT TO GRANT THAT APPLICATION AT THAT POINT. SO OKAY. THANK YOU SIR. APPRECIATE IT. IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON THIS? I THINK I ALREADY ASKED THAT SEEING NO ONE COME FORWARD, WE WILL CLOSE THE PUBLIC HEARING. COUNCILMEMBER HEDRICK, THIS CAME OUT OF YOUR COMMITTEE, SIR.

THANK YOU. MAYOR. I MOVED TO APPROVE FOR THE MODIFICATION OF OUR LAND USE MATRIX AND OUR LAND DEVELOPMENT CODE. I HAVE A MOTION BY COUNCIL MEMBER HEDRICK AND A SECOND BY DEPUTY MAYOR PRO TEM TO APPROVE THIS ITEM AS PRESENTED. SEEING NO FURTHER DISCUSSION, MADAM SECRETARY.

PREPARE THE VOTE FOR US, PLEASE. AND COUNCIL AND DISPLAY THE VOTE. AND THIS ITEM IS APPROVED

[a. Consider a request by Prime Data Centers/Munsch Hardt Kopf & Harr proposing an expansion of the existing Planned Development (PD) District 23-47 for a Data Center and Electric Substations to the northeast corner of Arapaho Road and Holford Road, currently zoned Agricultural (AG) District. The site is located at 2000 Holford Road in District 7. Consider and take appropriate action on the application of Prime Data Centers / Munsch Hardt Kopf & Harr, requesting approval of 1) an expansion of the existing Planned Development district 23-47 for Community Office (CO) uses to include additional area (currently zoned Agricultural) within the PD boundary to primarily accommodate a change in the driveway location 2) an updated Concept Plan for a Data Center and Electric Substations. The site is located at the Northeast Corner of Arapaho Road and Holford Road. (District 7) (File Z 24-37) The developer has requested that this item be considered at the May 6, 2025 Regular Meeting. ]

[b. Consider a request by Tarmandeep Toor, proposing a Planned Development (PD) District & Specific Use Provision (SUP) for a Shopping Center and Fuel Pumps, Retail. The site is located at 4151 North Garland Avenue in District 7. Consider and take appropriate action on the application of Tarmandeep Toor, requesting approval of 1) a Change in Zoning to a Planned Development (PD) District for Neighborhood Services (NS) Uses and Convenience Store Use, 2) a Specific Use Provision (SUP) for a Fuel Pumps, Retail Use, and 3) a Concept Plan for a Convenience Store with Fuel Pumps, Retail and a Shopping Center. The site is located at 4151 North Garland Avenue. (District 7) (File Z 24-18)]

RETAIL. THIS SITE IS LOCATED AT 4151 NORTH GARLAND AVENUE IN DISTRICT SEVEN. SORRY. THANK YOU, MR. MAYOR. WITH THIS, THE APPLICANT IS REQUESTING A CHANGE IN ZONING. TO THE PLANT TO BECOME A PLANNED DEVELOPMENT DISTRICT WITH THE BASE ZONING OF NEIGHBORHOOD SERVICES USES, WHICH WILL PERMIT A CONVENIENCE STORE BY RIGHT. THE SECOND PIECE OF THIS REQUEST IS A REQUESTED SUP FOR FUEL PUMPS. RETAIL USE ON THE PROPERTY ZONE PLAN DEVELOPMENT. DISTRICT 16 DASH 35. AS YOU SEE ON THE SCREEN, THIS PROPERTY IS LOCATED IN DISTRICT SEVEN 4151 NORTH GARLAND AVENUE AVENUE 2.66 ACRES. THE CURRENT ZONING IS PD 16 DASH 35, WHICH HAS A BASE ZONING OF MULTIFAMILY. HERE YOU SEE THE ZONING MAP. THIS USED TO BE A PART OF INITIALLY A PART OF A BIGGER PD. THAT INCLUDED THE DEVELOPMENTS TO THE NORTH AND TO THE EAST. TO THE NORTH AND EAST, WE HAVE MULULTIFAMILY PROJECTS THAT HAVE BEEN COMPLETED NOW. FURTHER NORTH, THERE'S A RETIREMENT COMMUNITY AS WELL. TO THE SOUTH. TO THE SOUTH WE HAVE THE WINTER WINTERS PARK AND THEN TO THE WEST WE HAVE RESIDENTIAL HOMES AND RETAIL STRIP CENTER THAT ACTUALLY INCLUDES OUR NORTH GARLAND BRANCH LIBRARY AND TOWNHOMES AS WELL. THE COMPREHENSIVE PLAN CALLS THIS AREA AS URBAN NEIGHBORHOODS. AS MENTIONED IN THE CATEGORY NAME, THIS CATEGORY IS DESIGNATED FOR HIGHER DENSITY RESIDENTIAL DEVELOPMENT, AND THIS ALSO WANTS TO INTEGRATE VERTICAL MIXED USE INTO SURROUNDING AREAS AND CREATE A DEFINING CHARACTER FOR THAT AREA. HERE WE HAVE SOME SITE PHOTOS. VIEW OF THE SUBJECT SITE FROM ARAPAHOE AND THEN DIFFERENT ANGLES. WE HAD TAKEN PICTURES OF THE SITE. HERE ARE SOME MORE PICTURES OF THE SITE. HERE WE SEE THE CONCEPT PLAN ON THE SCREEN. AS YOU SEE THE RECTANGLE SHOWN IN LIGHT YELLOW IS THE FUEL PUMP, THE LOCATION OF THE FUEL PUMP. THE RECTANGLE SHOWN IN MUSTARD YELLOW OR A LITTLE BIT DARKER YELLOW IS THE CONVENIENCE STORE AND PINK. THE PARKING AREAS ARE BEING SHOWN. ANYTHING IN GREEN IS THE LANDSCAPED AREAS. AS YOU CAN SEE, THIS IS CLOSE TO A CREEK AND FLOODPLAIN. TO THE NORTH. SO

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WITH THAT, I'M AVAILABLE FOR QUESTIONS. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? COUNCILMEMBER WILLIAMS. YES. THANK YOU FOR THE PRESENTATION. WHAT WAS WHAT WAS THE ESSENCE OF THE PLANNING COMMISSION'S DECISION? THEY HAD SOME OF THE SAME CONCERNS THAT STAFF HAD THAT THIS DOES NOT FIT THE VISION THAT WE HAVE ON THE COMPREHENSIVE PLAN. AND THAT CORNER. THEY WOULD LIKE TO SEE SOMETHING DIFFERENT THAT THAT CREATES MORE PLACEMAKING OR DESTINATION TYPE THING. WERE THERE ANY OTHER FACTORS, NOT ONES THAT WE DISCUSSED. DO YOU REMEMBER? NO. THANK YOU. THANK YOU MAYOR. VERY GOOD. COUNCILMEMBER BASS. THANK YOU, THANK YOU. NABILA. CAN YOU TELL ME WHAT IS THE CURRENT ZONING? IT IS A PD WITH MULTIFAMILY BASED ZONING. OKAY. AND WHAT IS THE. ASIDE FROM THE AREA THAT'S CONSIDERED FLOODPLAIN? WHAT IS THE USABLE, USABLE SPACE? SO WITH THE CONCEPT PLAN, WE DON'T REALLY GET INTO THAT TYPE OF DETAIL. AS YOU COULD SEE ON THE SCREEN, THE NORTHERN PART THERE IS THE CREEK THAT'S COMING IN.

SO THAT DOES RESTRICT SOME OF THE USE OF THE LAND. I WOULD SAY AGAIN, THIS IS A VERY NO ENGINEERING HAS GONE INTO IT. SO WE HAVEN'T LOOKED AT IT FROM AN ENGINEERING PERSPECTIVE. BUT WE WOULD SAY IN A LINEAR, MAYBE ONE THIRD OF AN ACRE WOULD GO INTO THE CREEK AREA. BECAUSE I'M LOOKING AT WE'RE TALKING ABOUT LAND USE HERE. RIGHT. AND WE'VE GOT WE'VE GOT A DENIAL FROM STAFF, WE'VE GOT DENIAL FROM PLANNING COMMISSION. SO THE QUESTION WOULD BE THEN WHAT'S A BETTER LAND USE? AND SO IT'S A REALLY IMPORTANT QUESTION HOW MUCH LAND IS THERE TO USE. SO ONE THIRD OF AN ACRE. THAT'S NOT A VERY BIG SITE. ONE THIRD OF AN ACRE MAY BECOME UNDEVELOPABLE BECAUSE OF THE UNDEVELOPABLE SITE IS 2.66 ACRES. SO WE COULD SAY AND AGAIN, THIS IS NOT AN IN NOT AN ANSWER BASED ON ENGINEERING DATA. WE COULD SAY GROSSLY TWO ACRES MAY BE DEVELOPABLE. OKAY. AND. CAN YOU WAS THERE A CAR WASH ON THIS OR. NO JUST JUST GAS PUMPSGAS PUMPS. OKAY. AND THEN WHAT? HOW MANY. DO YOU KNOW WHAT GAS STATIONS ARE NEARBY AND WHAT DISTANCE THOSE ARE AND HOW MANY THERE ARE. SO IF YOU CONTINUE GOING NORTH ON ARAPAHOE, SO ON ARAPAHOE AND SHILOH, THERE ARE TWO. THERE'S TOM THUMB AND THERE'S MURPHY EXPRESS. SO ALL WITHIN A COUPLE MILES, IF NOT WITHIN A MILE. OKAY. ALL RIGHT. NO FURTHER QUESTIONS. THANK YOU.

THANK YOU. ANY ADDITIONAL QUESTIONS FOR STAFF? I SEE NONE, THANK YOU. MADAM SECRETARY. DO WE HAVE A CARD FOR THE APPLICANT OR APPLICANTS? I BELIEVE WE HAVE MR. MICHAEL DUANE WROTE CHECKED APPLICANT. BUT I DON'T KNOW IF THEY'RE ON CITIZENS COMMENTS, SO I'M NOT SURE. OKAY. I THINK YOU JUST WANT TO REJECT THAT AND JUST USE THE PROJECTOR. PROJECTOR ON THE CAMERA. AND

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THANK YOU. MAYOR. OKAY. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? I'M SORRY. PLEASE. AS HE MENTIONED ON THIS SIDE, THEY HAVEN'T EXECUTED A CROSS ACCESS EASEMENT. BUT DID THE NEXT DOOR ON THEIR PLAT. THEY ALREADY SHOW THAT THEY'RE GOING TO HAVE AN ACCESS EASEMENT TO THE PROPERTY, TO THE PROPERTY NEXT DOOR. SO IT'S ALREADY SET UP THAT WAY ON THE NEXT DOOR PROPERTY. THE

[00:40:01]

SO THEY DID GO AS FAR NORTH AS THEY COULD GO, BUT IDEAL. IT'S NOT IDEAL, BUT TRANSPORTATION IS OKAY WITH IT RIGHT NOW. OKAY. OKAY. COUNCILMEMBER WILLIAMS. HI, SIR. THANK YOU. YOU YOU ONLY HAVE GAS PUMPS AT THIS LOCATION. IF SO, HOW MANY? WE ARE PROPOSING. WE WERE INITIALLY WE WERE PROPOSING EIGHT. BUT GETTING FEEDBACK FROM THE CITY, GETTING FEEDBACK FROM THE STAFF, WE'VE. WE'VE NOW REDUCED IT DOWN TO SIX. SO THAT GIVES US MORE SPACE FOR THE NEIGHBORHOOD ASPECT FOR THE RETAIL CENTER ASPECT. SO WE'VE CAME DOWN FROM 8 TO 6 RIGHT NOW. NO CAR WASH RIGHT. NO CAR WASH. OKAY. ANY OTHER AMENITIES THAT YOU'RE OFFERING YOUR PUBLIC. ANY OTHER? AS OF NOW, WE DON'T HAVE ANYTHING IN MIND, BUT WE ARE OPEN FOR RECOMMENDATIONS. IF ANYTHING HELPS THE NEIGHBORS. OKAY. Y WENT. YOU PRESENTED TO THE PLANNING COMMISSION, RIGHT? YES. YOU HEARD THEIR CONCERNS. WHAT WAS YOUR YOUR RESPONSE TO THEIR CONCERN? Y. THE PLANNING COMMISSION KIND OF LIKE, WANTED THE. THEY WERE, LIKE, STRONGLY IN FAVOR OF HAVING MULTI-FAMILY THERE. A AND MY, MY PERSONAL OPINION WAS THERE IS ENOUGH NEW MULTIFAMILY IN THE VERY VICINITY OF THIS LAND. THERE IS BRAND NEW MULTI-FAMILY DEVELOPMENT ALL AROUND THIS, THIS PIECE OF LAND AND THIS PIECE OF LAND ITSELF IS NOT BIG ENOUGH BECAUSE OF THE CREEK AND EVERYTHING. SO THIS MIGHT BE A USE CASE THAT WE COULD COME UP WITH. AND MY LAST QUESTION IS, WHAT DO YOU FEEL THAT THIS IS THE HIGHEST AND BEST USE FOR THIS PROPERTY? WE WORK WITH FEASIBILITY COMPANIES WHO DID THEIR ANALYSIS BASED ON THE TRAFFIC, BASED ON THE VARIOUS DEMOGRAPHIC DATA, AND THAT THAT WAS ONE OF THE REASONS. OKAY. THANK YOU MAYOR. VERY GOOD. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? ONE THING I I'M VERY FAMILIAR WITH THIS PIECE OF PROPERTY. AND LOOKING AT YOUR RENDERING THERE, AND OBVIOUSLY I KNOW THIS IS A WORK IN PROGRESS, BUT THERE ARE SIGNIFICANT TRANSMISSION LINE POLES BORDERING THIS PROPERTY ON BOTH SIDES. AND I'M CONCERNED, I MEAN, THE WHERE YOU SHOW THE MONUMENT ON THE CORNER, I'M NOT EVEN SURE THAT THAT'S I'M NOT EVEN SURE THAT THAT'S REALLY GOING TO BE POSSIBLE CONSIDERING THE LINES. AND I AND I DON'T KNOW IF TRANSPORTATION HAS AS FAR AS WHERE THE EXITS ARE GOING, BECAUSE IT'S NOT JUST THE CREEK THAT'S GOING ON THROUGH THERE. THERE ARE SOME SIGNIFICANT, AGAIN, VERY LARGE TRANSMISSION POLES HAVE HAVE YOU GUYS TAKEN THAT INTO CONSIDERATION AS FAR AS YOUR IN YOUR DESIGN OR IN YOUR IN YOUR THINKING THIS THROUGH. WE DID INITIALLY LOOK AT ALL THE SETBACKS AND ALL THAT STUFF THAT WAS IN THE SURVEY. BUT WE HAVE NOT DONE THE DETAILED ENGINEERING WORK YET SINCE WE PRESENTED IT AS A CONCEPT PLAN. OKAY. VERY GOOD. THANK YOU. ANY ADDITIONAL QUESTIONS? COUNCIL MEMBER. HEDRICK. THANK YOU. MAYOR. I'D LIKE TO HEAR A LITTLE BIT MORE ABOUT YOUR CONVERSATIONS YOU'VE HAD WITH THE NEIGHBORS REGARDING THAT ACCESS EASEMENT. HOW FAR ALONG ARE YOU IN PROGRESS OF POSSIBLY MAKING A CONNECTION TO THEM? CAN YOU TELL ME MORE ABOUT THAT? YEAH. UNFORTUNATELY, THERE HASN'T BEEN TOO MUCH PROGRESS YET. THEY'VE HAD LIKE A COUPLE OF. SO WE WERE WORKING WITH SOMEONE AND UNFORTUNATELY THEY SOLD OFF THE LAND TO SOMEONE ELSE. SO WE ARE STILL TRYING TO LIKE, GET IN TOUCH WITH THEM.

OKAY. OKAY. THANK YOU. THANK YOU. MAYOR. ALL RIGHT. WE'VE CLEARED THE QUEUE. THANK YOU. IS THERE ANYONE ELSE WHO WOULD LIKE TO. DO WE HAVE ANY OTHER SPEAKER CARDS ON THIS SIDE, MADAM SECRETARY? YES, SIR. WE DO. TROY MCGILL. OKAY. AND, NABILA, CAN YOU FIX THE MICROPHONE ON THE ON THE. JUST GO AHEAD AND SET IT DOWN ON THE TABLE THERE. HELLO. I THINK THIS IS NOT. IS THIS JUST. THAT WAS. JUST SET IT DOWN. OKAY. SIR. WELCOME. MADAM SECRETARY, IF WE COULD RESET THE

[00:45:13]

AND YOU WILL HAVE THREE MINUTES. YES. YES. MY NAME IS TROY MCGILVERY. I LIVE AT 2055 ARAPAHOE ROAD. IN THE INDEPENDENT LIVING PRESERVE. I DID NOT I APOLOGIZE TO THE COUNCIL. I DID NOT COME PREPARED TO SPEAK TO THIS ISSUE TONIGHT. BUT SINCE I LIVE CLOSE BY NOW, IT IS OF CONCERN, I THINK SEVERAL ISSUES AND I HAVEN'T WRITTEN ANY NOTES. IT'S A VERY SMALL. BUILDABLE AREA. THE TRAFFIC, BOTH ON ARAPAHOE ROAD AND ON NORTH GARLAND. IT'S HARD FOR ME TO VISUALIZE THEM HAVING ACCESS AND EGRESS SO CLOSE TO THAT INTERSECTION, AND THAT INTERSECTION IS BUSY FROM TIME TO TIME. AS FAR AS I DO NOT FEEL THAT THERE'S A NEED FOR MORE GASOLINE PUMPS BECAUSE TO THE WEST AT SHILOH AND ARAPAHOE THERE ARE TWO. MULTIPLE MULTI PUMP PLACES. TO THE NORTH. AS YOU GO TOWARDS GEORGE BUSH. THERE ARE GASOLINE STATIONS TO THE EAST AT. GARLAND ROAD. AND I FORGET WHICH LINE. SO I THINK THERE ARE PLENTY. STATIONS AND I THINK BASED ON I AGREE WITH THE STAFF, I THINK THIS IS NOT A GOOD USE FOR THAT CORNER. BASED ON THE RESIDENT RESIDENTIAL AREAS THAT ARE AROUND. SO THANK YOU MAYOR AND COUNCIL. THANK YOU SIR. APPRECIATE YOU COMING DOWN. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? MR. MICHAEL DUANE. OH, SORRY. DO WE HAVE WE HAVE ADDITIONAL SPEAKER CARDS? YES. YES OR NO? I BELIEVE HE'S PUBLIC COMMENTS. YES, SIR. THANK YOU. ALL RIGHT. ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE. COUNCIL MEMBER HEDRICK. THAT'S IN YOUR DISTRICT, SIR. THANK YOU. MAYOR.

I THINK COUNCILMAN BASS HIT ON A POINT THERE THAT IF YOU LOOK AT THE CONCEPT PLAN, I WOULD SAY ROUGHLY A THIRD OF IT IS NOT USABLE. IT'S IN THAT THAT BROWN CREEK AREA THAT TAKES THIS 2.65 ACRE SITE DOWN TO ABOUT 1.7 AROUND THERE SOMEWHERE. THAT'S ROUGHLY THE SIZE OF A PAD SITE RESTAURANT, A DRIVE THRU RESTAURANT, SOME SORT. BUT GIVEN THAT IT'S A LONG, NARROW PROPERTY, I'M STRUGGLING TO FIND ANOTHER USE THAT MIGHT BE A HIGHER AND BETTER USE FOR THIS.

I'VE TALKED TO THE DEVELOPERS ABOUT IT AND WE WANT MORE. WELL, SAY THIS FIRST. I DON'T THINK IT'S ZONED URBAN NEIGHBORHOOD, WHICH CALLS FOR A GREATER THAN 12 DWELLING UNITS PER ACRE ON THIS SITE. YOU'RE NOT GOING TO PUT THAT ON A 1.7 ACRE USABLE SITE. THAT'S VERY DIFFICULT. WE HAVE A LOT OF APARTMENT BUILDINGS RIGHT NEXT TO IT THAT ARE ALREADY THERE. YOU NEED SOME KIND OF SERVICES OR PLACES FOR THOSE PEOPLE NOW TO GO AND SPEND THEIR MONEY. IT'S WALKABLE FROM THOSE APARTMENTS RIGHT NEXT DOOR TO IT. AND I'VE SPOKEN WITH DEVELOPERS ABOUT IT, THAT WITHOUT THE FUEL PUMPS, THIS KIND OF DEVELOPMENT WOULDN'T BE FEASIBLE FOR THEM TO DO. SO I'M GOING TO DISAGREE WITH THE PLANNING COMMISSION. I'M GOING TO RECOMMEND APPROVAL OF THE SP AND THE CONCEPT PLAN AND THE CHANGE IN ZONING. THANK YOU. MAYOR. OKAY. I HAVE A MOTION BY COUNCILMEMBER HEDRICK TO APPROVE AS PRESENTED. AND A SECOND BY COUNCIL MEMBER BASS. SEEING NO FURTHER DISCUSSION, MADAM SECRETARY, YOU PREPARE THE VOTE. AND AGAIN, COUNCIL, THE MOTION IS TO APPROVE. COUNCILMEMBER ART AND DISPLAY THE VOTE, PLEASE. AND THE MOTION TO APPROVE FAILS FOR LACK OF A SUPERMAJORITY. IF I'M THERE WOULD BE WITH MAYOR PRO TEM MOORE, THE MAYOR, DEPUTY MAYOR PRO TEM LUCKE AND COUNCIL MEMBER DUTTON IN OPPOSITION. THANK YOU SIR. ALL RIGHT. MOVING

[c. Consider a request by Bobtown Enterprises Inc. and David Najafi, requesting a zoning change from Community Office (CO) to Community Retail (CR). The site is located at 429 and 455 E Interstate Highway 30 in District 3. Consider and take appropriate action on the application of Bobtown Enterprises Inc. and David Najafi, requesting approval of a Change in Zoning from Community Office (CO) to Community Retail (CR). (District 3) (File Z 25-04)]

[00:50:03]

RESPONSE LETTERS. WE RECEIVED 16 RESPONSES IN. ALL IN FAVOR. NINE FROM WITHIN NOTIFICATION AREA AND SEVEN FROM OUTSIDE OF NOTIFICATION AREA. WE DID NOT RECEIVE ANY WRITTEN WRITTEN COMMENTS ON THOSE. WITH THAT, I'M AVAILABLE FOR QUESTIONS. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEE NONE. THANK YOU, MADAM SECRETARY. DO WE HAVE SPEAKER CARDS ON THIS ITEM? NO, SIR, WE DO NOT. DO WE KNOW IF THE APPLICANT IS HERE? COUNCIL, THE APPLICANT IS HERE.

DO WE HAVE QUESTIONS FOR THE APPLICANT? IF SO, WE CAN CALL THEM FORWARD. I SEE NO QUESTIONS FOR THE APPLICANT. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE.

MAYOR PRO TEM MOORE. THAT'S IN YOUR DISTRICT, SIR. THANK YOU, MR. MAYOR. I'D LIKE TO MAKE A MOTION TO APPROVE THE ZONING DISTRICT AS PRESENTED. SECOND. I HAVE A MOTION BY MAYOR PRO TEM MOORE AND A SECOND BY COUNCILMEMBER WILLIAMS TO APPROVE THE IN ZONING AS. DID I GET THATT RIGHT IN S ZONING AS PRESENTED? THAT DIDN'T SOUND RIGHT FOR HALF A SECOND AS PRESENTED. ANY FURTHER DISCUSSION? MADAM SECRETARY, YOU PREPARE TO VOTE FOR US, PLEASE.

[00:55:07]

[d. Consider a request by Development Engineering Consultants, LLC, proposing an amendment to Planned Development (PD) District 00-39 to allow a Landscape Nursery Retail Use. The site is located near 4400 President George Bush Highway, in District 1. Consider and take appropriate action on the application of Development Engineering Consultants, LLC, requesting approval of 1) an Amendment to Planned Development (PD) District 00-39 for a Landscape Nursery Retail Use and 2) a Concept Plan for a Landscape Nursery Retail Use. The site is located at 4400 North President George Bush Highway. (District 1) (File Z 24-41)]

THIS SITE IS LOCATED NEAR 4400 PRESIDENT GEORGE BUSH HIGHWAY IN DISTRICT ONE. THANK YOU, MR. MAYOR. THIS IS A PLANNED DEVELOPMENT AMENDMENT REQUEST FOR A LANDSCAPE NURSERY, RETAIL USE ON PROPERTY. ZONED PLAN DEVELOPMENT 0039, WHICH HAS BASE ZONING OF COMMUNITY RETAIL. SO IN THE PD, RETAIL STORES ARE ALLOWED. BUT LANDSCAPE NURSERY RETAIL IS NOT A PERMITTED USE WITHIN THE PD, WHICH IS THE PREMISE OF THIS REQUEST. AS YOU CAN SEE ON THE MAP, THIS IS LOCATED IN DISTRICT ONE NEAR 4400 PRESIDENT GEORGE BUSH HIGHWAY. THE. THE AREA OF REQUEST IS APPROXIMATELY FOUR ACRES AND AS MENTIONED ALREADY, THIS HAS A BASE ZONING OF COMMUNITY RETAIL. HERE YOU SEE THE ZONING MAP ON THE SITE. IT IS OFF OF 190. PRESIDENT GEORGE BUSH HIGHWAY ON THIS SITE. YOU ALL HAVE SEEN SOME RECENT ZONING ACTIVITIES. THIS WHOLE WHOLE RED AREA WAS PART OF ONE PD OR IS STILL PART OF ONE PD, BUT THERE HAS BEEN AN SP APPROVED FOR A DAYCARE CENTER, AN SCP APPROVED FOR A RESTAURANT DRIVE THRU, ALL TO THE NORTHWEST SIDE OF THIS SITE, WHICH IS OUTLINED IN IN TEAL. I DO WANT TO MENTION BETWEEN THIS THE AVAILABLE UNDEVELOPED PORTION THAT WE HAVE THAT WE DON'T HAVE ANY PLAN FOR YET. THIS KIND OF SPLITS THAT AREA INTO TWO. THERE WOULD BE SOME AREA, UNDEVELOPED OR UNPLANNED AREA LEFT TO THE NORTH, AND THERE WILL BE THE AREA LEFT TO THE SOUTH AS WELL. THE COMPREHENSIVE PLAN CALLS OUT FOR COMMUNITY CENTER AGAIN, WHICH IS FOR COMPACT DEVELOPMENTS, PRIMARILY NONRESIDENTIAL, SERVING THE COLLECTION OF NEIGHBORHOODS. WE DO HAVE RESIDENTIAL NEIGHBORHOODS TO THE NORTH ON RIVER, TO THE NORTH OF RIVER OAKS PARKWAY, WHICH ABUTS THIS SIDE. THAT ROADWAY TO THE NORTH. HERE WE HAVE SOME SITE PHOTOS, AS YOU COULD SEE. THIS IS FOUR ACRES OF VACANT LAND, AND YOU COULD SEE SOME SOME OF THE ROOFTOPS ON THE SITE PHOTO AS WELL. HERE ARE SOME OTHER PICTURES FROM DIFFERENT DIFFERENT ANGLES. HERE WE HAVE THE CONCEPT PLAN. THIS. THE PROPOSAL HAS A VERY SMALL BUILDING FOOTPRINT. WHAT YOU SEE ON THE SCREEN IN TEAL BLUE THAT'S GOING TO BE THAT'S THAT'S WHERE THE PROPOSED BUILDING WOULD BE. THE REST OF THE AREA IN LIGHT GREEN IS THE LANDSCAPE DISPLAY AREA WHERE THEY'RE GOING TO HAVE THE TREES FOR SALE. THERE ARE SOME PARKING AREA DESIGNATED, SOME I CAN'T SEE FROM HERE FOR SOME REASON. SO THE DRIVE AISLES ARE SHOWN IN ORANGE AND THE PARKING LOADING AREAS ARE SHOWN IN YELLOW, AND THE SIDEWALKS ARE SHOWN IN PINK. ONE THING I WANTED TO MENTION IS THAT WITHIN THE BIG PD, PD 0039, THERE ARE THREE ACCESS POINTS APPROVED FROM RIVER OAKS PARKWAY. IF THIS PLAN IS APPROVED, THIS WILL BE THE SECOND ACCESS POINT FROM RIVER OAKS. AGAIN, THE APPLICANT'S REQUEST IS TO AMEND THE PD TO ALLOW A LANDSCAPE NURSERY RETAIL USE. STAFF DOES NOT HAVE A RECOMMENDATION ON THIS. WE'RE NOT OFFERING A RECOMMENDATION BECAUSE WE SEE ON ONE SIDE IT DOES FIT INTO THE VISION. IT CAN FIT INTO THE COMMUNITY CENTER CATEGORY THAT WE HAVE IN OUR COMPREHENSIVE PLAN. IT DOES. IT MAY BE A COMPLEMENTARY USE TO THE SURROUNDING AREAS, BUT WE ALSO SEE THAT THIS IS A PRIME LOCATION OFF OF 190. AND THE FACT THAT THIS DOES SEPARATES THE DEVELOPABLE AREA INTO TWO DIFFERENT SECTIONS IS PART OF THE CONCERNS, BECAUSE IDEALLY IT WOULD BE FROM A LAND USE PERSPECTIVE, WE WOULD LIKE TO SEE A PROJECT THAT WOULD BE COMPREHENSIVE FOR THE REST OF THE UNDEVELOPED AREAS. JUST SO

[01:00:01]

ON THE OPPOSITION ONES, THERE WERE NOTHING TOO SPECIFIC, BUT THERE WERE CONCERNS THAT THIS WOULD NOT BE THE BEST USE FOR THIS SITE. AND WITH THAT, I'M AVAILABLE FOR QUESTIONS. ONCE AGAIN, BECAUSE PLANNING COMMISSION RECOMMENDED DENIAL, THIS WOULD ALSO REQUIRE A SUPERMAJORITY VOTE FROM CITY COUNCIL. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? COUNCILMEMBER WILLIAMS. THANK YOU FOR THE PRESENTATION. TAKE ME BACK TO THE COMMUNITY MEETING THAT WAS HELD AT FARWELL. I THINK GIVE ME THE BREAKDOWN OF THE FOUR. HOW MANY, HOW MANY RESIDENTS WERE THERE AND WHAT WAS THE VOTE COUNT? SO. SO THIS SLIDE SUMMARIZES EVERYTHING THAT WE HAVE RECEIVED. SO THIS IS NOT JUST THE COMMUNITY MEETING. WE HAVE ALSO RECEIVED SOME COMMENT FORMS THAT WERE THAT WERE FROM THE NOTIFICATION LETTERS THAT WE SENT OUT. BUT FROM THE COMMUNITY MEETING WE HAD 12 PEOPLE WHO SIGNED IN SUPPORT. HOWEVER, HOW MANY PEOPLE WERE EXCUSE ME, HOW MANY PEOPLE WERE AT THAT MEETING? DO YOU HAVE COUNT? I DO NOT HAVE THE COUNT FOR THAT. THE APPLICANT MAY HAVE THAT COUNT. THEY CAN PRESENT THAT INFORMATION. BUT I DID WANT TO MENTION OF THAT 12. TEN OF THOSE ARE FROM OUTSIDE OF THE NOTIFICATION AREA. OKAY. OKAY. THANK YOU. OKAY. THANK YOU. MAYOR. OKAY. ANY ADDITIONAL QUESTIONS FOR STAFF BEFORE WE MOVE ON? SEEING NONE. THANK YOU. I'M GUESSING WE HAVE SPEAKER CARDS FOR THE APPLICANT. YES, SIR. WE DO. ALLISON ARCHER GOODHART'S. DAVE. VOTER. AND TIM HUGUES. ALL RIGHT. CONGLOMERATION. THANK YOU. IF I COULD GET YOU TO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. AND YOU WILL HAVE TEN MINUTES TO MAKE YOUR PRESENTATION. I REALIZE THERE'S OTHERS, OTHER PIECES, OTHER PIECES AND PARTS OF YOU HERE, BUT WE'LL GO WITH WHAT YOU HAVE FOR RIGHT NOW. THANK YOU. I'LL INTRODUCE MYSELF. YES, MA'AM. ADDRESSES.

1400 PRESTON ROAD, SUITE 400, PLANO, TEXAS, 75 093. I'M GOING TO ASK YOU TO PULL THAT. I DON'T THINK WE'RE HAVING. HELLO. YEAH. DAN, WHILE YOU'RE IN THE ROOM, CAN YOU CHECK PODIUM MICS FOR ME? THEY ARE UNDERPERFORMING THIS UNDERPERFORMING. I'M GOING TO MAKE SURE I DON'T USE UP ALL OF THE TIME. BECAUSE OUR THE ACTUAL USER IS HERE TO ANSWER A LOT OF QUESTIONS. BUT I REPRESENT THE OWNERSHIP OF THE PROPERTY. AND I WANTED TO SHOW THIS MAP. EXCUSE ME FOR JUST A SECOND. DOES IT GO UP OR DOWN? RIGHT SIDE UP OR. YEAH. THAT ONE'S NOT COOPERATING EITHER.

OKAY. UPSIDE DOWN. OKAY. SO I CAN USE BOTH. OKAY. SO I, I REPRESENT THE OLIVER DOOLEY

[01:05:08]

SALES. AND IT TOOK A NUMBER OF YEARS UNTIL 2017 FOR THE DENTAL OFFICE TO PURCHASE THERE. AND THEN THE NEXT PURCHASE WE HAD WAS MR. VILLAREAL. SO THIS IS A PROPERTY THAT WE FEEL IS REALLY WONDERFUL ALONG BUSH, BUT IT HAS SOME CHALLENGES THAT GO ALONG WITH IT. THE EXIT FOR BRAND ROAD IS BACK ATAT NORTH GARLAND ROAD. BRAND ROAD IS BEING WIDENED NOW TO A FOUR LANE, BUT IT WILL HAVE A MEDIAN AND WE WON'T HAVE ACCESS ON TO BRAND ROAD BECAUSE THE CITY HAS TOLD US NO MEDIAN BREAKS THERE. THOSE TYPES OF THINGS LIMIT WHAT WE CAN DO TO SELL THE BALANCE OF THE PROPERTY. BUT WE'LL HAVE A REMAINING EIGHT ACRES. EXCUSE ME, THAT WILL BE ON THE HARD CORNER. THAT HAS THE DEPTH THAT'S NEEDED. ONE OF THE OTHER THINGS I JUST WANT TO POINT OUT IS THAT WE'RE 450FT DEEP RIGHT THERE. SO THE IDEA OF BUILDING A LARGE BOX USER OR SOMETHING LIKE THAT DOESN'T WORK UNTIL YOU GET OVER TO THE BRAND ROAD PORTION. THAT'S WHY YOU'VE SEEN WE'RE SLICING OFF RETAIL ALONG THE WAY. SO I HAVE SOME OTHER THINGS I CAN FOLLOW UP, BUT I DON'T WANT TO USE UP THE TIME. WE FOUND WHAT WE THINK IS A FABULOUS USE FOR THIS PROPERTY.

I'M GOING TO LET YOU GUYS ARE ARE USER DESCRIBE WHAT THEY'RE GOING TO BE DOING THERE. WE DID HAVE A HOMEOWNERS MEETING. WE HAD GREAT RESPONSE. I'M GOING TO LET ONE OF THE REPRESENTATIVES FROM THE BOARD IS HERE TONIGHT TO SPEAK ON THAT. AND SHE CAN ANSWER ALL OF THOSE QUESTIONS.

SO I WON'T TRY AND INTERFERE IN THAT. I'LL COME BACK FOR QUESTIONS. VERY GOOD. THANK YOU GENTLEMEN. SO YOU HAD THE THEIR PRESENTATION. CAN YOU. YEAH. CAN WE GET BACK TO. SHE HAS YOUR SECRETARY. IF WE CAN HALT THE TIMER. OKAY, COOL. SHE HAS IT. JUST MAKING SURE AND RESET IT AS WELL. INTRODUCE IT. THEN I'LL LET YOU SCROLL THROUGH IN JUST A MINUTE. GOOD EVENING. MY NAME IS TIM HUGHES. I'M FOUNDER AND CEO OF FALCON REALTY ADVISORS, BASED IN DALLAS. MY ADDRESS IS 7859 WALNUT HILL LANE, DALLAS, TEXAS 75230. JOINED WITH MY PARTNER, MICHAEL WALTERS, WHO LEADS THE REAL ESTATE SITE SELECTION AND EXPANSION PLANS FOR MOON VALLEY. ALSO HERE IS DAVE BECKER IS DIRECTOR OF DEVELOPMENT, DIRECTOR OF DEVELOPMENT FOR MOON VALLEY NURSERIES AND CAN ANSWER ANY AND ALL OPERATIONAL QUESTIONS THE ACTUAL DAY TO DAY, AND SOME THINGS THAT MIGHT BE ON

[01:10:02]

I'LL LET DAVE ADDRESS SOME OF THE OTHER DETAILS AROUND THE OPERATION, BUT JUST AS A MATTER OF POINT, THIS LOCATION, EXCUSE ME, WILL PULL FROM AS MUCH AS 15 TO 20 MILES AWAY. THE MCKINNEY LOCATION TODAY ON 380 PULLS AN AVERAGE OF 19 MILES AWAY, WITH AN AVERAGE EXPENDITURE OF OVER $2,000. PEOPLE ARE SPENDING A LOT OF MONEY ON VERY LARGE TREES AND SHRUBS, NOT ON SMALL PLANTS OR FLOWERS THAT GO IN A BED. THEY DON'T SELL BULK ITEMS SUCH AS TRUCKLOADS OF MULCH AND SOIL.

THEY SELL SOME BAG PRODUCT. BUT THIS IS A VERY STRATEGIC OPERATOR, NOTHING COMPARED TO WHAT YOU WOULD ENVISION AT A TRADITIONAL NURSERY CHAIN OR BIG BOX OPERATOR. I'M GOING TO LET DAVE SPEAK TO THE OPERATIONS, BECAUSE I THINK EVERYBODY PROBABLY HAS QUESTIONS AROUND THAT AND WHY IT'S AN IDEAL FIT FOR HERE. AND MICHAEL IS HERE TO ADDRESS SOME OF THE STRATEGIES AROUND RETAIL, RESTAURANANT, ENTERTAINMENT AS A WHOLE, AND WHY THIS SITE WILL OR WOULD NOT WORK FOR SOME ALTERNATIVE USES. SO WITH THAT, I'M GOING TO INTRODUCE DAVE AND MICHAEL.

HELLO. HELLO EVERYBODY. DAVE BETTGER, 14,000 NORTH PIMA ROAD IN SCOTTSDALE, ARIZONA. HAPPY TO BE HERE TODAY IN FRONT OF YOU ALL. WE'VE IDENTIFIED THIS LOCATION AS POTENTIALLY OUR LAST TEXAS LOCATION. IT FILLS A GAP FOR US. WE OPENED OUR STORES 46, NUMBER 47, IN FORT WORTH AND MCKINNEY THIS LAST YEAR. AND SO WE'RE VERY EXCITED ABOUT THIS LOCATION. WE THINK IT HAS A GOOD REACH FOR SOME GAPS IN OUR PERSONAL RETAIL OPERATIONS. AND WE MET WITH THE LOCAL HOA LAST WEEK AS TIM STATED, AND GOT VERY GOOD RESPONSE. I THINK WE'LL BE A GREAT NEIGHBOR FOR THIS COMMUNITY AND FOR THE SURROUNDING NEIGHBORHOOD. WE'RE HAVING OUR 30TH YEAR ANNIVERSARY THIS YEAR, WHICH IS EXCITING FOR US, AND WE'RE EXPANDING RAPIDLY ACROSS THE SOUTHERN PORTION OF THE UNITED STATES, AND HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. AND HOPEFULLY YOU'LL APPROVE OUR USE COMPETITION AND WHY YOU PICKED THIS. YEAH. ONE THING. HI, I'M MICHAEL WALTERS.

SORRY, I NEED TO GIVE THE ADDRESS TO SEVEN. WHAT'S OUR ADDRESS? 7859 WALNUT HILL. SAME AS TIM'S, SAME OFFICE. SO WE PICKED THIS SITE MOSTLY BECAUSE OF THE PROXIMITY TO THE OTHER LOCATIONS, COUPLED WITH THE DEMOGRAPHIC AND THE AREA AS WELL. YOU KNOW, IT'S A IT'S NOT A CHEAP PRODUCT. IT'S A, YOU KNOW, THESE ARE MATURE TREES, VERY EXPENSIVE. IT'S A BEAUTIFUL SCENERY. I DON'T KNOW IF YOU GUYS CAN SEE THE PICTURES THAT I WAS SCROLLING THROUGH, BUT THIS IS A VERY NICE. PRODUCT. AND ONE THING THAT'S REALLY IMPORTANT TO NOTE FOR THE CITY PERSPECTIVE IS THESE PEOPLE ARE COMING FROM ALL OVER DFW. AND YOU CAN SEE HERE THE MCKINNEY LOCATION, EULESS GRAPEVINE, YOU CAN SEE ALL THE THOSE ARE ACTUALLY WHERE THE CELL PHONE SLEEP AT NIGHT, WHICH IS, I KNOW, PRETTY CRAZY, BUT ANYONE VISITING THOSE LOCATIONS, THAT'S WHERE THEY ARE CURRENTLY LIVING. SO THAT'S REAL DATA. AND SO YOU COULD SEE HOW FAR PEOPLE ARE DRIVING. SO GARLAND AS A CITY WILL ALSO, YOU KNOW, OBVIOUSLY GET THE SALES TAX BENEFIT OF A VERY HIGH VOLUME CUSTOMER OR EXCUSE ME STORE AND THEN THE SURROUNDING BUSINESSES MORE IMPORTANTLY WILL BE ABLE TO BENEFIT FROM CROSS SHOPPING. SO PEOPLE COMING FROM MCKINNEY OR OR FORNEY OR WHEREVER THEY NEED TO GO EAT LUNCH, AND IT'S GOING TO HELP SUPPORT THE BUSINESSES AROUND IT. WE I HAVE KNOW THIS SITE VERY WELL. I DO A LOT OF RETAIL RESTAURANT WORK, AND THIS HAS NOT BEEN A SITE THAT HAS BEEN SOUGHT AFTER FOR RETAIL. THE MAJOR RETAIL INTERSECTIONS, AS YOU KNOW, ARE GARLAND ROAD

[01:15:06]

THAT'S ON HERE. THAT WAS A BIG PART OF IT. SO YOU COULD SEE THE NURSERIES THERE SURROUNDING THE SITE. THERE'S NURSERIES ALL OVER THE METROPLEX, BUT THERE IS A PRETTY GAPING HOLE HERE IN GARLAND ON THIS SITE SPECIFICALLY, WE DO NOT COMPETE WITH HOME DEPOT AND LOWE'S.

THAT'S NOT THIS KIND OF PRODUCT THAT WE'RE SELLING. IT'S MUCH DIFFERENT. SO NOT TO MENTION THEY'RE NOT WHOLESALE JUST OH YEAH, AND THEY'RE NOT WHOLESALE. THAT'S IMPORTANT TO NOTE. PEOPLE ARE SCARED THAT IT'S GOING TO BE A BUNCH OF LARGE SEMIS DRIVING IN AND OUT OF THERE CONSTANTLY.

THAT'S NOT THE CASE. THERE'S IN THE PEAK SEASONS. IT'S ONCE A WEEK. AND TYPICALLY IN THE WINTER MONTHS IT'S ONCE ONCE A MONTH, ONCE A MONTH. SO NOT VERY FREQUENT. OKAY. IF YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD, YOU'VE GOT ABOUT THREE MINUTES OR OTHERWISE WE CAN OPEN IT UP FOR QUESTIONS. INVOLVEMENT. OH YEAH, THAT'S A GOOD POINT. JUST SINCE WE'VE GOT THREE MINUTES, I WON'T WASTE THEM. I DID WANT TO SAY THAT WE THROUGH OUR POOR ENGINEER UNDER THE BUS AT P AND Z, I WANT TO ADDRESS WHAT HAPPENED AT PNC. HE CAME MADE A PRESENTATION IN. THE QUESTIONS THAT CAME IN WERE QUESTIONS THAT SHOULD HAVE BEEN ANSWERED BY US. WE THOUGHT THE ENGINEER THAT WAS GOING TO BE THE TYPE OF QUESTIONS, WE DIDN'T ASSUME THAT. AND SO I JUST YOU HAD ASKED EARLIER ON OTHER CASES ABOUT WHAT HAPPENED AT PNC. WHAT HAPPENED WAS, IS THEY GOT FOCUSED ON A, A DESTINATION USE, AND THEY HAD NO IDEA ABOUT THE QUALITY OF THIS PRODUCT AND THE TYPE OF TREE FARM. I'M USING ALL THE WRONG WORDS HERE AS THEY TELL ME, THE RETAIL TREE STORE THAT IT IS. AND SO WE HAD THEY WERE BRINGING UP ALL KINDS OF THINGS, LIKE MAYBE WE COULD HAVE A TOPGOLF THERE. I DON'T THINK ANY OF OUR NEIGHBORS WHO CAME TO OUR HOMEOWNERS MEETING WOULD LIKE TO HAVE A TOPGOLF AT THAT LOCATION. SO I JUST WANT TO CLARIFY, PNC DIDN'T DO MAKE WE COMMUNICATING WITH PNC. I THINK HAD WE BEEN ABLE TO ANSWER SOME OF THEIR QUESTIONS, WE WOULD HAVE HAD THEIR SUPPORT. SO THAT WOULD BE MY MOST IMPORTANT COMMENT. I THINK IF I COULD JUST ADD, I HAD A PHONE CALL WITH PLANNING WITH SOMEONE PREVIOUS TODAY WITH MOON VALLEY ABOUT WHY WE COULDN'T DO THIS UNDER THE CURRENT ZONING BECAUSE IT LISTED EVERYTHING UNDER RETAIL YOU COULD IMAGINE, BUT IT DIDN'T SPECIFICALLY SAY THE WORD RETAIL SALE OF PLANTS AND TREES, AND WE WERE OF THE IMPRESSION WE JUST HAD TO COME THROUGH AND GET THE ADDITION OF THE WORDS PLANTS AND TREES UNDER THAT LIST. AND THAT'S WHY WE DIDN'T ACCOMPANY DANIEL, OUR ENGINEER, ON THE PRESENTATION, OR WE WOULD HAVE BROUGHT IN EVERYBODY TO DO WHAT WE'RE DOING TONIGHT AND MAKE THE CASE, OR MAKE THE PRESENTATION OF WHY THIS IS A GREAT USE. THIS IS NOT WHAT I THINK SOMEBODY OR EVERYONE ENVISIONED WHEN IT WAS PRESENTED AT PNC. SO IT'S PRETTY UNFAIR TO PUT HIM IN THAT SPOT.

BUT THAT WAS OUR FAULT FOR NOT BEING HERE TO BACK HIM UP. SO. ALL RIGHT. VERY GOOD. WE'RE GOING TO OPEN IT UP FOR QUESTIONS. MAYOR PRO TEM MOORE THANK YOU, MR. MAYOR. I DO AGREE. I THINK THAT YOU HAVE A VERY QUALITY OPERATION AND WHAT YOU'VE PRESENTED SO FAR JUST WOULD BE IDEAL IN THE WAY OF WHAT YOU WHAT YOU DO. AND THAT IS TREES. YOU'RE SELLING TREES AND I'M ON I'M IN DISTRICT THREE AND BEING IN DISTRICT THREE I 30 IS KIND OF THE CATALYST FOR ME.

AND IF I HAD BEEN HERE MAYBE TEN, 15, 20 YEARS AGO WHEN WE WERE PLANNING, I'M CERTAIN THAT I WOULD HAVE PLANTED A LOT DIFFERENT, BECAUSE ONE OF THE THINGS THAT I HAVE SEEN IS ONCE IT GOES IN, IT'S IN WHATEVER IT IS, IT GOES THERE. AND I'M JUST THINKING ABOUT WHAT WE'RE TRYING TO DO AS IT RELATES TO GEORGE BUSH. I SEE ALL OF THOSE NICE RESTAURANTS ON, ON, ON THE GEORGE BUSH THERE. AND I KNOW THAT WE'RE LANDLOCKED AND WE'RE TRYING TO DO SOMETHING AT THIS POINT IN THE WAY OF BEING ATTRACTIVE THAT AS PEOPLE GO DOWN THAT HIGHWAY, THEY'RE GOING TO LOOK OUT THERE AND TY'RE GOING TO SEE NICE BUSINESSES IN THE WAY OF RESTAURANTS, MAYBE

[01:20:04]

THE BEST FITTEST SURVIVE, BUT IT'S THE CROSS SHOPPING THAT MAKES RETAIL IT'S HEALTHIEST.

IT'S WHEN MOM DROPS OFF HER KID AT THE NEW DAYCARE THAT'S GOING TO BE TWO DOORS DOWN FROM US, AND COMES OVER TO WALK THROUGH THIS PROPERTY AND MAKE A DECISION TO POTENTIALLY SPEND 2 TO $5000 AND THEN GO TO OLIVE GARDEN AND MEET HER FRIENDS, THEN GO TO TARGET AND PICK UP OTHER SUPPLIES OR GROCERIES, MAYBE GO TO HOME DEPOT AND PICK UP SOME OF THE OTHER SMALLER MATERIALS THAT THEY DON'T SELL. IT'S THAT INTERACTION THAT MAKES A HEALTHY RETAIL CORRIDOR NOT DUPLICATING MORE AND MORE OF THE SAME. THE CONGREGATION OF ENTERTAINMENT AND LARGER RETAIL IS FIREWHEEL, THE COMMUNITY RESTAURANT THAT SUPPORTS TARGETS AND WALMARTS IS WHAT'S THERE.

THE IDEA OF DOING MORE OF THAT IS SOMETHING NONE OF OUR BRANDS WE WOULD PUT THERE, AND WE REPRESENT THE BEST IN CLASS IN OUR WEBSITE WILL SPEAK TO THAT. SO I GUESS THAT'S I GET THE IDEA OF ADDING A TOPGOLF OR A DESTINATION USE ENTERTAINMENT. BUT I WOULD ARGUE THAT THAT'S NOT WHERE THEY'RE GOING TO GO. IF THEY CHOSE TO COME INTO THIS COMMUNITY, THEY'RE GOING TO WANT TO BE AROUND FIREWHEEL WHERE THERE IS STILL MORE LAND TO GO. THEY WANT TO PLAY OFF THE THEATER, PLAY OFF THE DEPARTMENT STORES, PLAY OFF THE OTHER ENTERTAINMENT VENUES, NOT FLOATING MID-BLOCK WHERE YOU DON'T HAVE A FULL INTERCHANGE OF ON AND OFF ACCESS. AND MICHAEL REPRESENTS BEST IN CLASS OF ALL OF THESE, SO HE CAN SPEAK TO IT EVEN MORE IF I DIDN'T HIT ON. I MEAN, YOU HIT ON IT, AND I THINK IT'S REALLY IMPORTANT TO UNDERSTAND THAT THERE'S MORE MORE TO THE SITE FROM A RESTAURANT OR RETAILER PERSPECTIVE THAN JUST VISIBILITY OFF THE HIGHWAY. AND IT'S A GREAT SITE RIGHT OFF THE HIGHWAY. LUCKILY, YOU KNOW, HOPEFULLY WE GET APPROVED TODAY. YOU'LL SEE BEAUTIFUL TREES THERE. BUT ONE OTHER THING THAT IS CRITICAL IS THE ACCESS. AND THIS SITE JUST HAS NOT VERY GOOD ACCESS, UNFORTUNATELY. YOU HAVE TO EXIT. CUSTOMERS DON'T WANT TO GO THROUGH TWO LIGHTS TO GET ANYWHERE. THAT'S WHY GARLAND ROAD EXPLODED. THAT'S WHY FIREWHEEL EXPLODED. THOSE WERE THE OBVIOUS RETAIL NODES. AND SO ALL THOSE PEOPLE THAT WANT TO BE IN GARLAND AND THERE ARE THEY DO WANT TO BE IN GARLAND. THAT'S WHERE THEY'RE GOING TO GRAVITATE TOWARDS. IT'S GOING TO BE VERY, VERY TOUGH SELL. I MEAN, ALISON'S BEEN MARKETING THIS PROPERTY, SHE SAID, FOR 30 YEARS AND SHE HASN'T BEEN ABLE TO GET A GOOD RETAILER THERE ON THE CORNER. AND THAT'S THAT'S REALLY THE REASON WHY. WELL, THANKS FOR THE EDUCATION THAT'S YOU'VE HELPED ME IN AT LEAST UNDERSTANDING YOUR LOGIC BEHIND IT. AND I'LL BE VERY INTERESTED IN HEARING FROM THE COUNCILMEN IN THAT AREA. BUT THAT'S JUST SOMETHING THAT, AS YOU WERE TALKING, JUST KEPT KIND OF GOING THROUGH MY MIND. SO THANK YOU SO VERY MUCH. THANK YOU, MR. MAYOR. VERY GOOD. YES. WE HAVEN'T TALKED ABOUT THE SALES. I JUST TOUCH ON THIS REAL QUICK. THEY'RE PROJECTING 9.1 MILLION IN SALES FOR THIS LOCATION. THEY HAVE STORES THAT DO UPWARDS OF 14 TO 16 MILLION IN THEIR IN THEIR CHAIN. SO THAT'S A CONSERVATIVE ESTIMATE ON THE 9.1. AND SO THAT'S JUST GOOD SALES REVENUE FOR THE CITY FOR SURE OKAY. YEAH. RESTAURANTS 3 MILLION. ALL RIGHT. AS A COMPARISON, COUNCILMEMBER DUTTON, THANK YOU FOR STATING WHAT YOUR PROJECTED SALES ARE, BECAUSE I WAS GOING TO BE ONE OF MY QUESTIONS. I'VE LOOKED AT YOUR WEBSITE. IT IS FANTASTIC. I'VE MADE MYSELF A SHOPPING LIST ALREADY. I THINK THAT IF WE WANTED THIS TO BE AN ENTERTAINMENT DISTRICT OR ZONE, WE MISSED THE MARK. WHEN WE PUT A DAYCARE RIGHT THERE. IT'S JUST KIND OF AN ODD PLACEMENT FOR

[01:25:04]

THERE WE GO. YES, SIR. OKAY. THE GENTLEMAN, HE HE TALKED A LITTLE BIT ABOUT IN RESPONDING TO COUNCILMAN. MORE ABOUT THE, THE ACCESS CHALLENGES. WHAT IS YOUR PLAN FOR DEALING WITH YOU GOING TO THOSE ACCS CHALLENGES ARE STILL THERE. SO SHARE WITH ME HOW YOU PROPOSE TO ADDRESS THOSE ACCESS CHALLENGES THAT ARE STILL THERE FOR THE FUTURE DEVELOPMENT OF THE EIGHT REMAINING EIGHT ACRES. NO, NO, FOR THIS THIS WELL, FOR THIS FACILITY YOU'RE PROPOSING NOW. OKAY. IT'LL HAVE SOME ACCESS CHALLENGES. SO TALK TALK TO ME ABOUT HOW YOU ALL ARE GOING TO PROPOSE TO MITIGATE AND ENCOURAGE ACCESS TO THAT, TO THIS, WHAT YOU'RE PROPOSING TONIGHT, THE ACCESS ISSUES THAT I, THE MAP I WAS TALKING ABOUT AND THE ACCESS ISSUES I'M TALKING ABOUT ARE OFF OF BRAND ROAD GETTING INTO BRAND ROADS FOR THE EIGHT ACRES THAT'S REMAINING. I UNDERSTAND WE NEED TO PULL UP THE SITE PLAN THERE. ACCESS IS GOING TO BE 100% ON TO 190. YEAH, I UNDERSTAND ABOUT THAT. BUT HOW ABOUT ACCESS TO THIS PROPERTY, THIS LOCATION? THEY WILL THEY WILL ACCESS OFF THE SERVICE ROAD. THEY HAVE ACCESS TO ON RIVER OAKS AND RIVER OAKS. YEAH. WELL, THAT BE HARD. YEAH. THE ACCESS WILL BE OFF OF 190 COMING IN AT A CURB CUT THERE AT 190 ONTO THIS PROPERTY. THE ACCESS ISSUES THAT HE'S TALKING ABOUT, PEOPLE COMING TO THE TREE PLACE OR COMING SPECIFICALLY FOR THAT AND WON'T HAVE THAT, THAT CHALLENGE, BUT TO BRING A SOME OF THE RETAILERS THAT YOU GUYS ARE TALKING ABOUT, THAT'S WHAT HE'S SAYING, IS THAT THOSE RETAILERS ARE HAVING TROUBLE. I JUST SO YOU KNOW, IN 2000 WHEN WE DID THIS, PD ORIGINALLY WE CAME FORWARD AND ON THAT BIG CORNER ACADEMY SPORTS WAS IN CAME IN WITH US. THEY WERE THINKING THEY WERE GOING TO GO ON THE BRAND ROAD DEEP PART RIGHT THERE. WE GOT THAT ZONING IN PLACE AND SOON THEREAFTER THEY PULLED OFF OF THE SITE BECAUSE THEY WEREN'T COMFORTABLE WITH THE AMOUNT OF TRAFFIC ON BRAND ROAD. AND EVENTUALLY WE, THE SAME OWNERSHIP, OWNED THE 80 ACRES WHERE SAM'S, WALMART AND NOW ACADEMY IS. AND ACADEMY WENT OVER TO NORTH GARLAND ROAD INSTEAD. SO I THINK WHAT WE WERE TALKING ABOUT IS ACCESS ISSUES IS THE ABILITY TO ATTRACT OTHER RETAILERS TO THIS PIECE OF PROPERTY VERSUS THE NORTH GARLAND OR THE FIREWHEEL PROPERTY. YEAH, IT'S CONVENIENCE. SO THE SERVICE ROAD IS GOING TO BE APARTMENT. I WOULD SAY LET'S CONFINE THIS TO YOU'RE GOING TO ENTER THE PROPERTY FROM THE SERVICE ROAD AND FROM RIVER COVE. CORRECT. RIVER. RIVER OAKS. THAT'S WHAT I THAT'S WHAT I'M LISTENING FOR.

OKAY. THAT'S THAT'S WHERE THE ACCESS IS. SO LANE, WITH A CURB CUT ON THE SERVICE ROAD. AND THEN THERE, THAT IS AN EASEMENT ROAD. WE DIDN'T PLAN THAT. THAT WAS ALREADY IN PLACE. RECORDED.

WE HAD TO INHERIT THAT ROAD DEVELOPMENT. OKAY, OKAY. I THINK WE'RE OKAY. WE'RE GOOD I GOT YOU, I GOT YOU. THAT'S THAT'S WHAT I WAS WAITING FOR. YOU. I WANTED TO HEAR FROM YOU. I DIDN'T WANT TO HEAR FROM UP HERE. I WANT TO HEAR IT FROM YOU. YES. OKAY. THANK YOU VERY MUCH. VERY GOOD, COUNCILMEMBER BASS. LAST ONE. YOU KNOW, WHEN I FIRST SAW THIS, I WAS NOT ORIGINALLY IN FAVOR OF IT AND WATCHED THE WATCH THE PLANNING COMMISSION MEETING AND STILL WAS

[01:30:06]

YOU'RE GOING TO HAVE TO GO AROUND A ROUNDABOUT DOWN RIVER OAKS COMING THE BACKSIDE. SO ACCESS IS NOT REALLY GOING TO IMPROVE TO THESE SITES. AND SO I THINK FOR US TO LOOK FOR A HIGH VOLUME ENTERTAINMENT THING, ESPECIALLY NOT BEING ON THE CORNER, IS GOING TO BE SOMETHING THAT'S GOING TO BE DIFFICULT TO FIND, ESPECIALLY SOMETHING LIKE SOMEONE AT PNC HAD SUGGESTED TOPGOLF AS AN EXAMPLE, WHICH OF COURSE, THE RESIDENTS ARE NEVER GOING TO WANT A TOP GOLF HITTING GOLF BALLS INTO THEIR BACKYARD. YOU KNOW, AS THEY HAD MENTIONED, FOR EXAMPLE, DARDEN, WHEN DARDEN BOUGHT THE PROPERTY AND DEVELOPED OLIVE GARDEN, THEY ALSO BOUGHT THE PROPERTY NEXT DOOR TO DEVELOP A RED LOBSTER. AND THEY NEVER DID THAT BECAUSE THEY DIDN'T SEE THE VOLUME OF SALES IN THE OLIVE GARDEN TO JUSTIFY BUILDING ANOTHER RESTAURANT NEXT TO IT. JUST LOOKING THROUGH SOME OF MY NOTES HERE, BECAUSE I HAVE SOME NOTES BECAUSE THE PRESENTATION, THEY HAVE AN OUTSTANDING PRESENTATION THAT'S ABOUT 20 MINUTES LONG. SO I KNOW THEY'RE TRYING TO GET THROUGH IT AS FAST AS THEY COULD. SO I'M TRYING TO SEE IF I'VE GOT SOME NOTES FROM THERE.

ONE THING I DO WANT TO POINT OUT, SO YOU CAN SEE RIGHT THERE ON THE INTERIOR IF YOU'RE FAMILIAR, LIKE IF YOU'VE BEEN TO LAZY DOG, YOU KNOW, YOU CAN. THERE'S AN INTERIOR EASEMENT ROADWAY ALL THE WAY FROM NORTH GARLAND. THAT'S HOW I GET TO LAZY DOG IS I GO AROUND BANK OF AMERICA AND GO DOWN THIS. SO BASICALLY THERE'S AN INTERIOR ROADWAY ALL THE WAY FROM BRAND WILL, ONCE IT'S DEVELOPED, WILL BE ALL THE WAY FROM BRAND TO NORTH GARLAND. SO THERE WILL BE ACCESS WITHIN THIS STRIP SO PEOPLE DON'T HAVE TO GO BACK OUT ONTO, ONTO GEORGE BUSH IN ORDER TO ACCESS THE OTHER, OTHER VENUES ALONG THIS ROAD HERE. THEY TALKED ABOUT PROJECTED SALES VOLUME. THAT'S ALL I'VE GOT ON MY NOTES HERE. WE DID MEET WITH WITH THE HOMEOWNERS.

IT'S IMPORTANT TO ME BECAUSE OF COURSE, THIS IS A REPRESENTATIVE CHAIR THAT I'M IN. WE CAN'T FIT 35,000 PEOPLE IN THIS CHAIR. SO IT'S ME. AND AS NABILA MENTIONED, THAT OF THE RESPONSES RECEIVED, SOME OF THEM WERE FROM OUTSIDE THE AREA. THEY WERE FROM OUTSIDE THE NOTIFICATION AREA.

HOWEVER, THEY WERE ALL FROM WITHIN THE SUBDIVISION. FIREWHEEL ESTATES. FIREWHEEL ESTATES IS THE SUBDIVISION THAT BORDERS THIS ON THE NORTH. WE MET WITH THE HOMEOWNERS AND THEIR PRESIDENTS HERE, AND I BELIEVE SHE'S GOING TO SPEAK IN SUPPORT OF THIS. AND BJ, TO ANSWER YOUR QUESTION, THERE WERE 13 RESIDENTS PRESENT, 12 SIGNED IN THE AFFIRMATIVE AND ONE ABSTAINED. NOBODY SAID NO, WHICH IS INTERESTING TOO, BECAUSE THE QUESTIONS THEY HAD, THEY WERE NOT ALL FOR IT. WHEN WE MET WITH THEM, I DIDN'T KNOW IT WAS GOING TO GO THAT WAY, BUT LIKE I SAID, THEY GAVE A GREAT PRESENTATION. IT'S A GOOD LOOKING PRODUCT. THEY'VE CHANGED MY MIND. THEY CHANGED THE HOA'S MIND. SO THIS IS SOMETHING THAT, THAT I'M IN SUPPORT OF. OKAY. VERY GOOD. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? APPLICANTS? WE'LL SAY ALL RIGHT I SEE NONE. THANK YOU, THANK YOU, THANK YOU. IF THERE'S NEED WE'LL BRING YOU BACK FOR SOME REBUTTAL. SURE. MADAM SECRETARY, I BELIEVE WE HAVE. I BELIEVE WE HAVE SOME ADDITIONAL SPEAKER CARDS. YES, SIR. WE DO, MISS BARBARA POWERS. GOOD EVENING. IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD,

[01:35:05]

THANK YOU. THANK YOU BARBARA. THAT WAS PROBABLY THE MOST POLITE WAY ANYBODY'S EVER TOLD ME THEY WERE GOING TO KEEP TALKING. THANK YOU. I WOULD EXPECT NOTHING LESS FROM YOU, ACTUALLY. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? YES, SIR. MAYOR. OKAY, MISS A.J. COLE. ALL RIGHT. VERY GOOD. GIVE US YOUR NAME AND YOUR ADDRESS FOR THE RECORD, AND YOU WILL HAVE THREE MINUTES. I WILL BE FAST. AJ COLE, 1609 JAMES GOODE LANE. I WANT TO SAY I'VE

[01:40:05]

BETTER LUCK NEXT TIME. THAT WAS OUR LAST ITEM UNDER THIS SECTION. THE NEXT IS CONSIDER

[7. Councilmember Dylan Hedrick Kathleen Gardner, PhD, Senior Citizens Advisory Commission]

[ CITIZEN COMMENTS Members of the audience wishing to address issues not on the meeting agenda may have three minutes to speak. However, according to the Texas Open Meetings Act, Council is prohibited from discussing any item not on the posted agenda.]

MADAM SECRETARY, CALL OUR SPEAKERS, PLEASE. MR. MICHAEL DUANE, SIR. I APPRECIATE YOUR PATIENCE. IF YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE THREE MINUTES.

MICHAEL. DUANE I AM CURRENTLY HOMELESS HERE IN GARLAND AND I THANK YOU, MR. MAYOR AND COUNCIL, FOR GIVING ME THIS TIME I FELT COMPELLED TO COME AND SPEAK TO YOU TO ADDRESS CERTAIN SITUATIONS. I'VE BEEN NOTICING THE ECONOMIC DEVELOPMENT PLAN THAT YOU'VE BEEN POSTED, YOUR BOND ISSUES THAT ARE COMING UP. AND I KNOW THAT THE HOMELESS IN GARLAND IS AN ISSUE. ISSUES CAN BE WORKED OUT. PROBLEMS TAKE A MUCH HARSHER SOLUTION. WHEN YOU LOOK AT THE SAME PEOPLE YOU MAY SEE EVERY DAY IN YOUR FRONT OF YOUR BUSINESSES, OR WALKING UP AND DOWN YOUR STREETS THAT APPEAR TO BE HOMELESS. I KNOW YOU PROBABLY SAY, WHY DON'T THEY HELP THEMSELVES? OR THEY'RE LAZY AND THEY'RE DOING THIS. PLEASE DO NOT STEREOTYPE EVERY ALL OF US LIKE THAT. SOME OF US FIND OURSELVES IN THIS CONDITION. THIS IS NOT WHO WE ARE, WHAT WE'RE ASKING FOR. WE'RE NOT ASKING FOR YOU TO GIVE US A HANDOUT OF MONEY. WHAT WE'RE ASKING FOR IS TO INVEST THE CITY, TO INVEST IN CERTAIN PROGRAMS, CERTAIN OUTREACHES THAT WILL HELP US DEVELOP WORK SKILLS AND ADDRESS THE PROBLEMS THAT MOST HOMELESS PEOPLE HAVE. WHAT WE'RE ASKING FOR IS TO FUND GOOD SAMARITANS LIKE OUTREACH, METRO RELIEF AND START PILOT PROGRAMS AND TRANSITIONAL HOUSING FOR THE HOMELESS. TO ELIMINATE THIS PROBLEM HERE IN GARLAND, I MOVED TO TEXAS THREE AND A HALF YEARS AGO. MY FIANCE WANTED TO BE CLOSER TO HER LAST SISTER. SHE THEY HAD A STRING.

THEY HAD A GENE FROM THEIR MOTHER, AND SHE HAD LUPUS. SHE DIED MOST FIVE OF HER SISTERS DIED BEFORE THEY REACHED THE AGE OF 60. SHE DIED A MONTH BEFORE HER 60TH BIRTHDAY. I DECIDED TO STAY IN TEXAS INSTEAD OF GOING BACK TO KANSAS CITY, EVEN THOUGH WE'D HAVE BACK TO BACK SUPER BOWL CHAMPIONS. WE DIDN'T WIN IT THIS TIME, BUT WE'D BE BACK. BUT ANYWAY, WE I LIKE TEXAS AND GARLAND IS VERY, VERY ATTRACTIVE TO ME WITH ALL THE GROWTH AND THINGS THAT ARE GOING ON. WE HAVE HOMELESS PEOPLE WHO ARE CARPENTERS, WHO ARE PLUMBERS. THEY JUST NEED THAT EXTRA ADDED ATTENTION. THEY CAN'T GO TO AN INTERVIEW WITH THEIR WHOLE HOUSEHOLD ON THEIR BACK. THEY

[01:45:01]

THANK YOU. THANK YOU, MADAM SECRETARY. DO WE HAVE ANY ADDITIONAL SPEAKERS? NO, SIR, WE DO NOT. OKAY. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK THIS EVENING? SEEING NONE

* This transcript was compiled from uncorrected Closed Captioning.