Aug 20, 2024 Planning and Zoning

[CALL TO ORDER]

[00:00:09]

IT'S NOW 6:00. I CALL TO ORDER THE AUGUST 20TH, 2024. WILEY PLANNING AND ZONING COMMISSION OR COMMISSION REGULAR MEETING. WE WILL NOW DO THE INVOCATION BY MYSELF, COMMISSIONER BUTLER, AND THE PLEDGE BY COMMISSIONER GOOC. PLEASE RISE. LORD, THANK YOU FOR THIS DAY. THANK YOU FOR ALLOWING US TO GET HERE SAFELY. HELP US TO MAKE RIGHT DECISIONS WITH THE ITEMS THAT ARE PRESENTED WITH US TONIGHT. AND GET HOME SAFELY AND HAVE A GREAT REST OF THE WEEK. IT'S YOUR NAME, WE PRAY. AMEN I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY, NEXT UP ON THE AGENDA IS COMMENTS ON NON-AGENDA ITEMS. IF THERE'S SOMETHING THAT A MEMBER FROM THE PUBLIC WOULD LIKE TO SPEAK ON THAT'S NOT ON THE AGENDA TONIGHT, YOU CAN COME UP AND SPEAK ON IT. SINCE NOBODY'S COMING UP, I WILL TAKE THAT AS NO ONE HAS A NON AGENDA ITEM TO

[CONSENT AGENDA]

[1. Consider, and act upon, a Site Plan for Lot 1, Block A of Hartman Pre-K Center for the development of an early childhood center on 7.963 acres. Property located at 510 South Birmingham Street.]

DO WE HAVE ANY QUESTIONS FOR. NO, THERE'S NO QUESTIONS. NO COMMENTS. I'LL ENTERTAIN A MOTION. I MAKE A MOTION THAT WE PASS IT AS DESIGN AS PRESENTED. THE SITE PLAN. I SECOND THE MOTION. I SECOND THE MOTION. WE HAVE A MOTION IN TWO SECONDS. PLEASE VOTE. THAT PASSES FIVE

[2. Consider, and act upon, a Site Plan for an office/warehouse use on 0.58 acres, located at 707 Business Way, being Lot 4, Block 1 of 544 Industrial Park.]

BEING LOT FOUR, BLOCK ONE OF 544 INDUSTRIAL PARK. YES. OUR SECOND ITEM ON THE AGENDA IS ALSO A SITE PLAN. THIS IS FOR AN OFFICE WAREHOUSE BUILDING. THE PROPERTY IS LOCATED AT 707 BUSINESS WAY.

THEY'RE PROPOSING TO DEVELOP A 3000 SQUARE FOOT BUILDING. IT'S THE ONE THAT'S TOWARDS THE REAR OF THE PROPERTY. THE BUILDING THAT'S IN FRONT, IT'S EXISTING. IT WAS BUILT IN 1987, AND WITH THIS BUILDING, THE DEVELOPMENT IS REQUIRED TO HAVE 11 PARKING SPACES. AND IT IS IN COMPLIANCE.

AND THEY'RE PROVIDING ONE HANDICAPPED SPACE. THE EXTERIOR OF THE BUILDING IS A BRICK AND

[00:05:02]

AND THAT DUMPSTER IS GOING TO BE BEHIND THE EXISTING BUILDING. CORRECT.

ANY OTHER QUESTIONS FROM THE COMMISSIONERS? IF NOT, I WILL ENTERTAIN ANOTHER MOTION. I MOVE, WE ACCEPT. THIS ITEM AS PRESENTED. ITEM NUMBER TWO. I'LL SECOND THE MOTION A SECOND, PLEASE VOTE. AND THAT PASSES FIVE ZERO. OKAY. MOVING ON TO ITEM NUMBER THREE.

[3. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH-SUP) on 0.083 acres to allow for a Smoking Establishment. Property located at 100 N Ballard Avenue (ZC 2024-06). ]

MR. MOLINA. YES. OUR THIRD ITEM ON THE AGENDA IS A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FOR A SMOKING ESTABLISHMENT. IT'S FOR A CIGAR LOUNGE. THE PROPERTY IS LOCATED AT 100 NORTH BALLARD, AND THE SUP CONDITIONS ARE WRITTEN TO ALLOW FOR THE USE CONTINGENT ON THE PROPERTY OWNER FACINO CIGARS REMAINING SO IF THE PROPERTY OWNER EVER CHANGES, THE SUP WILL BE NULL AND VOID, AND IT GOES BACK TO JUST THE DOWNTOWN HISTORIC DISTRICT ZONING, THEY ARE PROPOSING TO SELL ALCOHOL ON THE PROPERTY, AND WE'VE MEASURED THE DISTANCE REQUIREMENTS FROM THE TABC AND THEY ARE IN COMPLIANCE WITH EVERYTHING. SO THIS SUP ISN'T CONTAINING ANYTHING RELATED TO ALCOHOL BECAUSE IT'S ALREADY ALLOWED BY RIGHT CONTINGENT ON THE TABC PERMITS GETTING ACQUIRED. AND THE MEASUREMENT WAS A 380FT FROM THE CHURCH THAT'S LOCATED TO THE EAST. AND THE MINIMUM REQUIRED IS 300FT OR THE. YEAH SO THEY ARE PROPOSING TO HAVE A LOUNGE AREA, A HUMIDOR AND OFFER CHARCUTERIE STYLE FOOD AND THE APPLICANTS ALSO HERE, WE DID HAVE A MAIL OUT 27 NOTICES.

AND WHEN THIS PACKET WAS COMPLETED, WE HAD TWO RESPONSES THAT WERE RECEIVED IN FAVOR AND THREE IN OPPOSITION. ONE WAS RECEIVED IN FAVOR OUTSIDE OF THE NOTIFICATION AREA, AND THEN ONE WAS ALSO RECEIVED IN OPPOSITION. SINCE THEN, WE HAVE RECEIVED MORE COMMENT FORMS, YOU SHOULD HAVE TWO. AND THEN WE RECEIVED A COUPLE OTHER OBJECTIONS. AND THE APPLICANT HAS PREPARED A PRESENTATION WHICH I RECOMMEND THEM DOING THAT FIRST BEFORE QUESTIONS ARE ASKED. IF YOU CAN HAVE THEM COME UP AND TELL US A LITTLE BIT ABOUT IT. HELLO GUYS. MY NAME IS JOSE HERNANDEZ. YOU CAN, GIVE YOUR ADDRESS TOO, JUST FOR THE 2001 CODE LANE. ROCKWALL TEXAS 75032. MY NAME IS ROBERT ALVAREZ. I'M AN ASSOCIATE OF HIS, 345 WEST CENTERVILLE ROAD, GARLAND, TEXAS, 75041. OKAY SO

[00:10:09]

SO BASICALLY, THAT'S WHAT I. THAT'S WHAT I DO. I MAKE MY OWN CIGARS. I HAD A FACTORY IN NICARAGUA, SO I CAN, I CAN, I CAN GIVE IT TO THE PEOPLE. WHAT THEY WHAT WHAT WHAT THEY WANT A TALKING ABOUT LIKE A CIGAR BUSINESS. SO THAT WAS A DREAM FOR HIM TO BE ABLE TO DO. AND HE STARTED AT GUN SHOWS. HE WAS ROLLING CIGARS AT GUN SHOWS, AND HE GOT A CULT FOLLOWING. NOW HE'S LITERALLY KNOWN NATIONWIDE. YOU CAN TALK TO PEOPLE THAT ARE CIGAR AFICIONADOS. THEY'LL BE ABLE TO TELL YOU THEY KNOW WHO FAUSTINO CIGARS ARE, THEY'LL BE LIKE WE SAID, IT'S A CRAFTSMAN THAT'S HANDMADE AND WILEY BY A TRUE ARTISAN, SO THERE'S SOME SAMPLES OF THE CHARCUTERIE AND THE MIXOLOGY THAT HE'S LOOKING TO INCORPORATE. AND WE THINK THIS WILL BE A REALLY GOOD, WITH THE LAND AND WINERY AND THE HERMAN MARSHALL, I THINK THAT'LL ALL. THEY ALL WORK TOGETHER, AND WE'LL BE. AND HE'LL BE KEEPING OURS SIMILAR TO THEIR OURS, THE CERTIFIED AIR FILTRATION SYSTEM.

HE USED THE HAND STAT CEILING MOUNTED ELECTROSTATIC PRECIPITATION, AIR PURIFIERS THAT REMOVE DOWN TO 1 OR 0.01 MICRON. AND THEN ON TOP OF THAT, HE DOES WALL MOUNTED, RABBIT AIR THAT ARE KNOWN WORLDWIDE, WORLDWIDE TO BE SOME OF THE BEST AIR PURIFIERS THERE ARE. AND DEODORIZERS LIKE WE SAID, THIS IS HIS SECOND LOCATION. HE'S HAD TWO LOCATIONS, NEVER HAD A COMPLAINT FROM ANYBODY. HIS OWNER, THE LAST ONE THAT WE DID DID THE LEASE WITH THE OWNER WAS LIKE, IF I SMELL SMOKE, YOU'RE GONE. AND HE'S BECOME AN AVID, YOU KNOW, A FAN OF HIS. HERE'S

[00:15:04]

FAUSTINO. CIGAR MAN, THIS IS SMOOTH. FAUSTINO. CIGARS ARE THE BEST HAND-ROLLED CIGARS I'VE EVER HAD. JOSE IS A CLASS ACT AND IS FAUSTINO. CIGARS ARE WORLD CLASS, SO I THINK WE PRETTY MUCH HAVE GIVEN YOU ALL THE INFORMATION OF WHAT WE'RE LOOKING FOR. IT'S SOMETHING THAT I THINK IS GOING TO BE A BENEFIT TO THIS, TO THE CITY. AND THIS IS HIS THIRD, THIRD LOCATION. IF IT'S AT THE CITY COUNCIL ENDS UP APPROVING AND Y'ALL RECOMMEND, BUT REMEMBER, IT IS A DESTINATION. IT IS GOING TO BRING PEOPLE HERE TO CONTINUE TO, TO HELP THE DOWNTOWN AREA THRIVE. GENTLEMEN, ANY QUESTIONS? AND, BEFORE WE FINISH, IF YOU DON'T MIND, I GOT SOME SAMPLES RIGHT HERE. THE ONE THAT I MAKE IT WITH MY HEAD. I WOULD LIKE TO TRY THAT ONE. AND THAT WAY YOU CAN ACTUALLY SEE WHAT HE'S DOING. NORMALLY. WE DO. HE DOES AN ACTUAL CIGAR ROLLING. THAT WAY. YOU CAN. YOU DON'T HAVE TO SMOKE THEM. YOU CAN SEE THEM. OKAY? YOU CAN SEE WHAT HE'S MAKING. IT'S NOT A I CAN'T I CAN'T. HE CAN'T EITHER. THEIR EMPLOYEE OKAY. YEAH ALL RIGHT. ANY QUESTIONS? I HAVE A FEW I GUESS. SO THIS WOULD BE OUR SECOND LOCATION. THIRD, THIRD THIRD. SO THE OTHER TWO ARE THEY. THERE'S ONE IN DOWNTOWN, ROYSE CITY AND THE OTHER ONE IS IN WHITE ROCK LAKE. OKAY. IT'S IN CASTLE LINDA OR BOTH OF THOSE ATTACHED TO OTHER BUILDINGS. ARE THEY SEPARATE? THEY'RE ALL THERE. ONE IS ATTACHED TO OR ONE IS A SEPARATE BUILDING. THE ONE IN, IN ROYSE CITY. BUT RIGHT BEHIND IT IS CITY HALL. LITERALLY, YOU CAN WALK CITY. THE EMPLOYEES FROM CITY HALL WALK THROUGH THE BACK YARD TO GET TO THE SHOP. SO BUT THE OTHER ONE IS INSIDE OF A BUILDING THAT HAS MULTI-TENANT. SO IT HAS AN OFFICE AT THE BACK THAT THE OWNER OWNS, AND IT'S GOT A MASSAGE LOUNGE UP TOP OR A MASSAGE BUSINESS LIKE A I DON'T KNOW, IT'S LIKE SPORTS MEDICINE OR SOMETHING, AND IT'S GOT ANOTHER BUSINESS BESIDE IT.

NOBODY'S EVER SAID A WORD ABOUT IT. YEAH. THE REASON I ASK IS JUST AND WE'LL HEAR FROM PEOPLE TONIGHT THAT WANT TO MAKE COMMENTS ABOUT THE SMOKE BEING ABLE TO LEAVE THE BUILDING AND GO INTO NEXT DOOR. AND SO I JUST I KNOW Y'ALL SAID Y'ALL HAD NO COMPLAINTS. I JUST WANTED TO MAKE SURE THAT Y'ALL HAVE HAD A BUILDING THAT WAS ATTACHED. BUT YOU SAID THERE WAS ONE OF THEM.

THAT WAS OKAY. AND I DO HAVE A LETTER FOR THE RECORD AFTER QUESTIONS THAT I CAN READ IT FOR YOU. OR IF Y'ALL LIKE ME TO, I CAN READ IT. THIS IS FROM THE LANDLORD OVER IN, AS A RECOMMENDATION FROM THE LANDLORD. IT'S IN Y'ALL'S PACKETS. YEAH, I SAW THAT. I DON'T KNOW IF EVERYBODY ELSE DID, BUT, AS FAR AS THE BUILDING, IS IT JUST THE FIRST FLOOR Y'ALL BE USING OR. THAT'S RIGHT. NOW THAT'S WHAT WE'RE LOOKING AT. WE'VE DISCUSSED IT WITH THE LANDLORD. THE LANDLORD IS EXCITED ABOUT IT. HE DOES HAVE LIKE A SPEAKEASY TYPE OF, GOING TO THE TOP. WE'VE TALKED DISCUSSED IT WITH THEM, WE JUST HAVEN'T MADE ANY, ANY, ANY DECISIONS YET WHETHER THEY'LL LET US GO UPSTAIRS OR NOT. AND WHAT ABOUT I KNOW Y'ALL, IT SEEMS PRETTY CLEAR WHAT YOU'RE GOING TO DO HERE IF THIS GETS APPROVED. BUT, WHAT ABOUT OTHER THINGS BEYOND FOOD, DRINK AND CIGARS? LIKE NO GLASS? DELTA NINE, DELTA EIGHT, NO CBD, CBD, KRATOM? NO, NONE OF THAT. IT'S ONLY CIGARS. I MEAN, YOU CAN SEE IT ON IF YOU LOOK AT THE PACKET YOU CAN ACTUALLY SEE WHAT HE SELLS. THERE'S NO NO, I UNDERSTAND I JUST IT'LL NEVER WE HEAR A LOT OF THINGS FROM A LOT OF DIFFERENT PEOPLE. I UNDERSTAND I JUST THAT'S A QUESTION WE GET THAT A LOT. AND WE SHOULD HAVE SAID THAT WE KIND OF JUMPED AROUND ON THE, ON THE SLIDESHOW A LITTLE BIT. SO YEAH. NO, I THINK THAT'S A, AGAIN, IT'S JUST A QUESTION. DOES ANYBODY ELSE HAVE COMMENTS? QUESTIONS BEFORE WE HEAR A PUBLIC. OKAY. WHERE THIS IS GOING IN IS AN HISTORIC DISTRICT. I'M SORRY. THE HISTORIC DISTRICT WHERE IT'S LOOKING TO BE PUT. YES, SIR. ARE THERE GOING TO BE MAJOR CHANGES IN THE STRUCTURE OF THE BUILDING THAT YOU'RE GOING TO HAVE TO DO? NO, BECAUSE THAT NEEDS TO BE CONSIDERED. NO. THERE'S NO STRUCTURAL CHANGES TO THE BUILDING WHATSOEVER. MATTER OF FACT, EVEN THE AWNING WILL BE THE SAME AWNING. THEY'RE NOT CHANGING THAT. THEY'RE NOT CHANGING THE FOOTPRINT. THEY'RE NOT CHANGING. I THINK THEY'RE DOING ONE SMALL ADDITION TO BE ABLE TO BRING IN AN ELECTRICAL PANEL, TO BE ABLE TO PUT, IT'S NOT. IT'S A DISCONNECT. THAT WAS FOR SOMETHING THAT THE BAKERY.

BUT NO. ARE YOU GOING TO, ON TOP OF THE VENTILATION SYSTEM? ARE YOU GOING TO BE ABLE TO SEAL IT

[00:20:02]

I THINK WHAT PEOPLE ARE CONCERNED ABOUT IS THE FACADE, THE FRONT OF THE BUILDING RIGHT, THAT IT MAINTAINS THE CONTINUITY WITH THE OTHER HISTORICAL. WE WANT FACADES WITHIN. IF YOU LOOK AT THROUGH HIS PHOTOGRAPHS, YOU'LL KIND OF SEE THAT EVERYTHING MATCHES, MATCHES, THAT HE'S NOT GOING TO GO OUT. HE WANTS IT TO LOOK VERY MUCH LIKE, MARSHALL, HERMAN MARSHALL.

THANK YOU. OR LANDON WINERY. HE WANTS IT TO. IT'S THAT'S THE FEEL THAT HE'S GOING FOR. HE WANTS TO BE PART OF THE COMMUNITY, NOT THE PERSON THAT'S OUTSIDE OF THE COMMUNITY. SO THE FACADE WOULD NOT BE THE ONLY THING THAT'S GOING TO HAPPEN TO THE FACADE. IT WILL THE, THE AWNING IS GOING TO PROBABLY CHANGE COLORS AND HAVE HIS LOGOS ON IT. AND YOU CAN SEE HIS HIS LOGO AT THE TOP. HE'S GOT A ROUND VERY SIMILAR TO THAT LIT UP. IT'S PRETTY CLASSY. IT DOESN'T LIKE, YOU KNOW, HAVE FLASHING SIGNS OR ANYTHING LIKE THAT AROUND IT. I DO WANT TO COMMEND YOU TOO, ABOUT THE AMERICAN DREAM. WHAT? THE AMERICAN DREAM. YOU CAME, YOU AND YOUR WIFE BECAME, CAME TO THIS COUNTRY. YOU KNOW WHAT? I'M SO PROUD TO BE HERE AFTER. AFTER TO BECOME A CITIZEN. I FEEL LIKE I BORN AGAIN, I JUST, I KNOW THAT WE DON'T HAVE A LOT OF TIME TO TALK, BUT WHEN I CAME IN RIGHT HERE AND TO BECOME A CDC BORN AGAIN, I FEEL LIKE I NEVER.

I FEEL SOMETHING I NEVER FELT WHEN I WAS IN CUBA. AND THE MOST IMPORTANT THING IS THE FREEDOM.

AND THAT'S WHAT I HAVE RIGHT NO. AND THAT'S THE REASON THAT I'M. I'M HERE TODAY WITH MY FAMILY, MY WIFE, MY TWO KIDS TO KEEP CONTINUE TO, TO GROW, TO, TO BE READY FOR THE NEXT STATE. AND I'M READY. I FEEL I'M READY. IF YOU GIVE ME THAT OPPORTUNITY, IT'S GOING TO BE, IT'S GOING TO BE AMAZING FOR ME, FOR MY FAMILY, FOR WHAT WE WANT TO WELCOME YOU AND YOUR FAMILY.

THAT'S AWESOME. TO THIS COUNTRY. THANK YOU. I DON'T KNOW, ME AND HIM HAVE A LOT OF CONVERSATIONS.

WE WORK TOGETHER QUITE A BIT AND MY PARENTS WERE POLITICAL REFUGEES FROM CUBA ALSO. AND THEY LEFT HERE IN CASTRO. I WAS BORN HERE IN DALLAS, BUT LAST NIGHT I WAS CRYING WRITING THIS.

SO IT'S PRETTY EMOTIONAL. IT IS. I HAVE A FEW MORE QUESTIONS, SO I'M ASSUMING THIS ESTABLISHMENT WOULD BE CALLED FAUSTINO'S OR FAUSTINO CIGARS. IT'LL BE CALLED FAUSTINO CIGAR. FAUSTINO. OKAY.

MY NAME IS JOSE. YEAH, IT'S GOING TO BE FAUSTINO CIGAR LOUNGE. YEAH AS FAR AS THE FACADE GOES, I KNOW YOU'RE NOT REALLY TALKING ABOUT IT. SOUNDS LIKE YOU WANT TO KEEP IT THE SAME. BUT AS FAR AS THE OUTWARD APPEARANCE, MAYBE NOT MAKING CHANGES TO THE BUILDING ITSELF, BUT IT'S BEYOND A SIGN THAT SAID FAUSTINO CIGAR. WHAT OTHER THINGS MAY BE VISIBLE FROM THE OUTSIDE? I THINK THE ONLY THING THAT HE TALKED ABOUT IS BRINGING THE CIGAR. INDIAN. ARE YOU FAMILIAR WITH THAT? YEAH. THE CIGARS. THERE'S ONE IN HERE, BUT THAT'S SOMETHING HE WOULD JUST TAKE OUTSIDE. AND IF THERE'S ALLOWED, PUT A COUPLE OF, YOU KNOW, SMALL CHAIRS OUTSIDE FOR PEOPLE TO BE ABLE TO SIT OUT ON THAT THAT LARGE SIDEWALK. BUT THAT'S IT. THAT'S ALL TEMPORARY TO BE ABLE TO BE ROLLED IN AND OUT EVERY NIGHT. THE REASON I SAY THAT IS JUST SOMETIMES, AND I THINK THE DOWNTOWN HISTORIC DISTRICT HAS EXPERIENCED IT IN THE PAST, IS YOU GET SOMEBODY THAT MOVES IN THERE AND THEN A BUNCH OF SIGNAGE COMES UP AND IT KIND OF TAKES AWAY FROM THE HISTORIC EXPERIENCE AND BECOMES MORE OF THE BAKERY THAT'S THERE, HAS A LOT OF SIGNAGE ALREADY ON THE WINDOWS. YEAH. AND I THINK YOU MAY HAVE A FEW, YOU KNOW, WHERE IT SAYS WHAT YOU ARE BECAUSE YOU CAN'T SEE THE AWNING WHILE YOU'RE WALKING UNDERNEATH THAT. SO I THINK IT'D PROBABLY BE SOMETHING THAT WOULD FOLLOW THE BAKERIES GUIDELINE, IF THAT'S SOMETHING THAT IS ALLOWED BY THE CITY AND THE SIGNAGE. BUT HE'S NOT GOING TO PAINT THE BUILDING, IT'S GOING TO BE THE

[00:25:03]

YEAH. YOU KNOW, HE'S COMING FROM A PLACE THAT LITERALLY IS, YOU KNOW, STOPPED IN TIME. SO WHAT ABOUT. AND I'M JUST GOING TO GO BACK JUST SO I DON'T MISS ANYTHING. SHE TALKED ABOUT THINGS BEYOND CIGARS BEING SOLD. SO CIGARETTES, NOTHING LIKE JUST CIGARS. JUST YOUR CIGARS OR OTHER CIGARS. JUST MY CIGARS. OH. JUST YOURS. I DON'T CARRY ANOTHER LIKE A NORMAL BOUTIQUE CIGAR OR NORMAL ASHTON OR OTHER BRANDS. NO OTHER BRANDS. OKAY OKAY. IT'S JUST LIKE LANDON SELLS THEIR WINES AND HERMAN MARSHALL SELLS THEIR THEIR THEIR, THEIR ALCOHOL. THAT'S PRETTY MUCH THE SAME THING. OKAY DID ANYBODY ELSE HAVE ANY QUESTIONS BEFORE I. I JUST HAVE ONE RECOMMENDATION FOR. MYSELF. OKAY. TAKE A GANDER. I'M GONNA USE THE OLD WORD GANDER. OKAY.

AT THE HISTORIC, ZONING. OKAY. JUST TO MAKE SURE THERE'S NOTHING THAT COULDN'T COME UP.

OKAY, SO YOU HAVE THAT ADDRESSED. I DON'T SEE IT HERE. OKAY, BUT JUST SOMETHING TO BE SAFE ON. WE WE'VE DONE THAT WITH. OH, YOU HAVE DONE THAT. OH, YEAH. DEFINITELY. IN FACT, ONE OF THE THINGS I MENTIONED, WAS I HAD THEM TALK TO THE BUILDING OFFICIAL BEFOREHAND BECAUSE I KNOW HOW EXPENSIVE THOSE AIR FILTRATION SYSTEMS ARE. AND I WAS LIKE, THAT IS A NON-NEGOTIABLE, RIGHT. AND BUT THEY ALREADY KNEW THAT BECAUSE THEY HAD DONE OTHER, OTHER AREAS BEFORE. AND SO THAT WAS ONE OF THE THINGS WE DID. AND WE'VE ALSO DISCUSSED ABOUT WHAT DOWNTOWN THE EXPECTATION IS IN GENERAL AS FAR AS LOOK AND FEEL. AND THEY UNDERSTAND THAT. YEAH I FEEL. ALL RIGHT. I HAVE A QUESTION FOR YOU. WITH THE AIR FILTRATION SYSTEM, DO YOU HAVE TO PUT ANY PENETRATIONS IN THE WALL? NO. WHAT WILL BE THERE. THE TWO LARGE SYSTEMS WILL ACTUALLY GO UP INTO THE, INTO THE, THE DROP CEILING OKAY. SO YOU CAN SEE A PHOTOGRAPH OF IT AND IT LITERALLY SITS IN THE DROP CEILING. SO IT DOESN'T REQUIRE FRESH AIR. NO EXCHANGE.

NO. IT'S ALL IT'S ELECTROSTATIC. IT'S GOT HEPA FILTERS. IT'S GOT IT ACTUALLY WILL TAKE CORONAVIRUS OUT OF THE AIR. SO IT WILL FILTER DOWN TO 0.01 MICRON. AND THEN TO CATCH ANYTHING ELSE THAT'S IN AT A CEILING LEVEL, HE'S PUTTING IN THE RABBIT AIR FILTRATION SYSTEM THAT IS LITERALLY THE YEAH. THE I MEAN, YEAH, IT IS. IT'S A CERTIFIED STATE OF THE ART AIR PURIFICATION AND DEODORIZING SYSTEM. AND HE'S GOT THEM IN HIS OTHERS. Y'ALL MORE THAN GLAD TO COME OUT AND VISIT THE OTHER LOCATIONS. OKAY. AND, I GUESS A QUESTION FOR KEVIN. NO. FIRE SUPPRESSION SYSTEM IS REQUIRED SINCE THIS, SMOKING SUPPRESSION, THAT THAT WOULD BE LOOKED AT WHENEVER THEY SUBMIT THEIR BUILDING PERMITS. SO DO YOU KNOW IF THAT HOOKAH LOUNGE, IF THEY REQUIRED ANYTHING? NO. THE THERE ARE TIMES WHEN SOMETHING IS, MORE I MEAN, I KNOW PEOPLE LIKE, WELL, OBVIOUSLY CIGARS ARE FLAMMABLE BECAUSE THAT'S WHAT YOU DO WITH THEM. BUT USUALLY IF IT'S EITHER IT'S 6000FT■!S OR MORE, OR IF THE FIRE DEPARTMENT DEEMS THAT IT'S A HIGHLY FLAMMABLE SUBSTANCE, YOU KNOW, BUT IT WOULDN'T BE ANY DIFFERENT THAN IF YOU HAD, LIKE, STAPLES, YOU KNOW, OR IF YOU WENT PAPER, YOU KNOW, YOU HAD PAPER OR SOMETHING LIKE THAT. BUT WHEN YOU HAVE SOMETHING THAT'S, YOU KNOW, GASOLINE OR PROPANE OR STUFF LIKE THAT, THEY CAN REQUIRE, EXTRA FIRE PROTECTION, BUT THAT BEING SAID, I DON'T KNOW WHETHER THAT WOULD BE. IT'S JUST IT'S NOT SOMETHING THAT WE'VE ADDRESSED YET, IF THE APPLICATION MOVES FORWARD, THEN WE'LL DEFINITELY, THEY'LL NEED AN ANSWER TO THAT. OKAY. ANY MORE QUESTIONS BEFORE WE OPEN THE PUBLIC HEARING? IT DOESN'T APPEAR SO. SO WE WILL MOVE ON TO THE PUBLIC HEARING PORTION. IF WE HAVE ANY QUESTIONS, WE'LL CALL YOU BACK UP. I'M GOING TO GO AHEAD AND OPEN UP THE PUBLIC HEARING PORTION OF THIS ITEM. WE HAVE A LOT OF COMMENT FORMS. SO I'M GOING TO CALL THEM AS I, I GET THEM. ARE THESE JUST COMMENTS OR ARE THEY JUST COMMENT FORMS. OH OKAY. THERE'S ONLY TWO THAT WANTED TO COME SPEAK. BEAR WITH ME ONE SECOND. OKAY THERE YOU GO. I'M LOOKING FOR THESE. YEAH, I GOT IT HERE. YEAH OKAY. THE FIRST ONE, ON MY LIST IS MR. BOB HEATH. YOU COME

[00:30:07]

AND THEY'RE THE TYPE OF BUSINESSES THAT MIGHT NOT BE SUCCESSFUL SOMEWHERE ELSE, LIKE A STRIP CENTER OR A SHOPPING CENTER. I THINK THIS KIND OF A BUSINESS WOULD BE SUCCESSFUL SOMEWHERE ELSE. AND I WANT TO THANK YOU AGAIN FOR ALLOWING ME TO SPEAK TO YOU. THANK YOU SIR.

NEXT, I HAVE RON SMITH. HELLO. THANK YOU, MY NAME IS RONALD GENE SMITH JR. I LIVE AT 3035 CONCOURSE DRIVE, ROYSE CITY, TEXAS. I LACK ALL THAT TECHNICAL EXPERTISE AND BACKGROUND. I'M JUST A CUSTOMER, I MET JOSE MAYBE SIX MONTHS AFTER HE OPENED HIS SHOP IN ROYSE CITY. AND I JUST WANT TO TELL YOU A LITTLE BIT ABOUT HOW IT'S AFFECTED ME. MY FRIENDSHIPS AND THE DOWNTOWN AREA A LITTLE BIT FROM CITIZENS POINT OF VIEW, I WORK HARD, LIKE A LOT OF PEOPLE, A LOT OF OVERTIME AT TIMES. AND A LOT OF MY FRIENDS ARE JUST EITHER THROUGH WORK OR MAYBE CHURCH.

SOME OF MY NEIGHBORS, I KIND OF KEEP TO MYSELF. AND AS A WORD BY MOUTH, A NEIGHBOR WHO WAS ALSO INTO CIGARS HAD INTRODUCED ME TO JOSE. AND IT'S A IT'S A CUTE LITTLE, RECONDITIONED HOUSE, AND IT BLENDS IN WITH ANY OTHER HOUSE ON ELM STREET NEAR MAIN STREET IN ROYSE CITY, I'VE BEEN GOING THERE OFF AND ON FOR A FEW YEARS NOW, AND I ENJOY THE PEOPLE THAT I'VE MET. JOSE'S GREAT, GIVES ME AN OPPORTUNITY TO MEET PEOPLE THAT ARE IN DIFFERENT FIELDS, DIFFERENT AGES. BUT WE ALL HAVE A LOVE OF HANGING OUT, PUTTING DOWN YOUR CELL PHONES AND TEXTING AND JUST TALKING. SO I THINK IN THIS DAY AND AGE, A LITTLE BIT MORE OF THAT IS GOOD, I'VE BEEN TO A COUPLE OF HIS EVENTS, BUT IT'S BEEN A REAL POSITIVE EXPERIENCE FOR ME AND IT GIVEN ME AN

[00:35:01]

BUT YET YOU PROBABLY KNOW ABOUT THE INCIDENTS THEY'VE HAD WITH THE WITH THE CHURCH AND THE DIFFERENT ALCOHOL PLACES COMING DOWNTOWN. SO I JUST WANTED TO STATE MY VIEW OF WHAT'S DOWNTOWN. I LOVE DOWNTOWN, I LIVE THERE, I WALK ALL AROUND, ALWAYS THERE AND LOVE THE TOWN.

SO JUST MY POINT OF VIEW. THANK YOU GUYS. OH BEFORE YOU LEAVE, PLEASE FILL OUT A COMMENT FORM.

YOU CAN GRAB ONE DOWN HERE. THE COMMENT FORM. EXCUSE ME, IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? OTHERWISE I'LL CLOSE THE PUBLIC HEARING. DO I NEED TO DO ANYTHING FOR THE RECORD? I'M SORRY. DO I NEED TO DO? I'D LIKE TO ENTER THE LETTER FROM THE FROM HIS LANDLORD. IT'S. IT'S PART OF IT. IT'S PART OF IT. IT'S ALREADY SOMETHING YOU'VE GIVEN US. IT'S PART OF THE PRESENTATION. SO, IF NOBODY ELSE WANTS TO SPEAK, WE WILL. OH, OKAY. YOU PROBABLY REMEMBER WHAT I'VE TOLD EVERYBODY ELSE, BUT, MY NAME IS TERRY ALLEN. I LIVE AT 301 ORCHARD TRAIL. WYLIE I ALSO OWN A BUSINESS IN DOWNTOWN WYLIE THAT IS TWO DOORS DOWN FROM WHERE THEY WANT TO GO, I APPRECIATE THE HISTORY AND THE CRAFT THAT GOES INTO THAT. I'M A BAKER, SO I DO CRAFT IN MY BUSINESS AS WELL. I JUST DON'T FEEL LIKE WE NEED YET ANOTHER PLACE THAT SELLS SMOKED PRODUCTS IN DOWNTOWN. I THINK IT'D BE GREAT FOR BUSINESS, JUST NOT IN HISTORIC DOWNTOWN. I FEEL LIKE THE CITY HAS ALREADY FAILED ME ONCE BECAUSE OF THE SHOP THAT WAS PUT IN NEXT TO ME, WHICH IS A CBD AND VAPE SHOP, WE DIDN'T HAVE AN OPPORTUNITY TO TALK ABOUT THIS, SO MY SHOP SMELLS LIKE MARIJUANA ALMOST EVERY DAY FROM THE SHOP NEXT TO ME, AND

[00:40:02]

AGAIN, WE'RE JUST DISCUSSING. WE DON'T HAVE ANY QUESTIONS, COMMENTS, CONCERNS, STUFF TO GET ANSWERED. TO ANSWER YOUR QUESTION, I THINK THE CLIENTELE IS SIMILAR TO THE HERMAN MARSHALL, PROBABLY NOT AS MUCH AS GLEN ECHO AROUND THE CORNER, BUT LAND AND WINERY THAT'S DIFFERENT. BUT I THINK HERMAN MARSHALL AND THIS ONE ARE ABOUT THE SAME CLIENTELE. THAT'S JUST MY OPINION. YEAH, BUT I THINK ALSO, IF WE CONSIDER ANYTHING, WE NEED TO MAKE SURE IF WE CONSIDER IT, WE NEED TO MAKE SURE IT'S SEALED OFF WHERE IT CAN'T GO OVER TO RICK'S. IS THERE A WAY FOR US TO DO THAT, TO PUT CONDITIONS? I GUESS, BASICALLY INTO THE BUILD QUALITY OR CONSTRUCTION? I DIDN'T THINK ABOUT THAT BEFORE THIS. WE'LL MAKE SURE THAT THAT HAPPENS. I MEAN, WE DON'T REALLY. I DON'T THINK WE NEED TO MAKE IT A CONDITION OF THE SUP BECAUSE IT'S, IT'S A NORMAL CONDITION. ANYWAY, IF THERE'S SOMETHING WITHIN THE BUILDING CODE OR

[00:45:03]

I'M VERY SURE THAT THERE ISN'T ONE AS OF THIS AS OF RIGHT NOW, BUT I CAN ALSO LOOK INTO THAT TO SEE WHETHER THAT'S LEGALLY POSSIBLE OR NOT. YEAH, I JUST THOUGHT ABOUT THAT AND I DON'T KNOW IF THAT'S SOMETHING I DON'T THINK COULD EVEN BE PUT IN THE CONDITIONS THAT THEY HAVE NO CONTROL OVER THAT. OKAY. I HAVE A QUESTION TO YOU FOR YOU, DO YOU FORESEE ANYONE TAKING A CIGAR OUT AND SITTING AT A CHAIR AND A TABLE ON THE SIDEWALK? YOU'LL COME UP AND ADDRESS IT AT THE DAIS. YOU FORESEE THAT IN THE FUTURE? YEAH. CAN YOU REPEAT AGAIN THE QUESTION? SORRY. DO YOU FORESEE IN THE FUTURE WE APPROVE THIS, THAT YOU YOU WERE TALKING ABOUT PUTTING CHAIRS AND TABLES OUT THERE. YOU FORESEE PEOPLE TAKING CIGARS AND GOING OUT THERE AND SITTING. WELL, IF WE YOU SAY IF YOU TELL ME, I JUST A QUESTION. NO, I JUST WANT PEOPLE TO STAY INSIDE THE PLACE, YOU KNOW, AND SMOKE RIGHT THERE. AND I DON'T WANT TO AFFECT LIKE A, FOR EXAMPLE, CHILD CHILD'S OR PEOPLE. THEY HAVE ANY INCONVENIENCE FOR THAT. I DON'T WANT TO I DON'T WANT TO DO THAT.

I JUST WANT TO MAKE SURE DO THE RIGHT THING. IF IT'S GOING TO BE INSIDE, INSIDE. THANK YOU. THANK YOU. CAN I ELABORATE ON THAT? YEAH. YOU CAN COME UP AND TALK THE. THE PATIO. HAVING A PATIO WAS SOMETHING THAT WOULD I FEEL FEEL THAT WOULD HELP BRING MORE OF A DOWNTOWN FEEL TO IT. OKAY.

THERE'S MORE PEOPLE WALKING. THERE'S MORE ACTIVITY IF SMOKING, IF Y'ALL DON'T ALLOW SMOKING IN DOWNTOWN, I WE DON'T KNOW. OR OR IS IT. WELL THAT'S WHAT WE WERE TALKING ABOUT, BUT I DON'T I'M JUST ASKING YOU. YOU'RE SMOKING LIKE SOMEBODY COULD WALK DOWN THE STREET WITH A CIGARETTE. AS OF RIGHT NOW, RIGHT. THERE IS NOTHING THAT PROHIBITS ANYBODY FROM SMOKING.

YEAH. BECAUSE I WAS, LIKE, OUTDOORS. I THINK THAT'S PROBABLY GOING TO BE. YEAH. SO IF YOU ALL ALLOWED IT, THAT WOULD BE SOMETHING. BUT YEAH, WE COULD, WE COULD SAY, HEY, LOOK, WE WANT YOU TO REFRAIN FROM DOING THAT, OKAY? YEAH. I THINK I THINK OUR AS IT KIND OF EVOLVED AS ASKING THAT QUESTION. IT'S NOT SOMETHING Y'ALL CAN CONTROL. RIGHT. AND SO IT'S JUST A OBVIOUSLY WE HAVE CONCERNS WITH AND WE UNDERSTAND THAT WHAT WE COULD DO IS NOT PUT THE CHAIRS OUT THERE. WE'RE JUST TRYING TO MAKE IT MORE FRIENDLY, MORE YOU KNOW, WE'RE WE'RE SELLING. WE'LL BE SELLING. YOU KNOW, MIXOLOGY ISN'T ALL ABOUT ALCOHOL. OKAY IT'S ALSO MAKING THERE'S SO MANY PEOPLE NOW THAT DON'T DRINK OKAY THAT WANT A CRAFT COCKTAIL, BUT IT'S A FAUX COCKTAIL OR NONALCOHOLIC. SO THEIR BARTENDERS WILL BE ABLE TO DO THAT. SO WE'RE IN ALREADY IN ROYSE CITY AND DOWNTOWN, AND WE'VE BEEN NOT HAD ANY ISSUES. AS A MATTER OF FACT, IT'S ACTUALLY DRIVEN PEOPLE TO IT. HE'S DOING 30 TO $40,000 A MONTH AT THAT LOCATION, SELLING RETAIL CIGARS. THEY'RE NOT INCLUDING ALL THE MAIL ORDER HE DOES ALL OVER THE UNITED STATES AND OVERSEAS INTO OUR SOLDIERS, ETC. HE ALSO HAS FUNCTIONS THAT HE THROWS EVERY THE FIRST FRIDAY.

HE DOES A WOUNDED WARRIOR, EVENT ALL, ALL THE WHAT AM I THINKING? THE FIRST RESPONDERS, ANY FIRST RESPONDER GETS A DISCOUNT. OKAY? HE DOES CHARITY GOLF EVENTS WHERE HE DONATES THE CIGARS. SO HE'S INVOLVED IN THE COMMUNITY. HE WANTS TO BE PART OF THE COMMUNITY. WE DON'T WANT TO MAKE ANYBODY UPSET. THAT'S THE LAST THING WE WANT. AS A MATTER OF FACT, WITH THE CITY OF WYLIE, WE NOT WYLIE, BUT THE CITY OF ROY. WITH ROY CITY, WE WENT AND WE THEY GAVE US ONE YEAR THEY SAID IF ONE YEAR WE HAVE ANY COMPLAINTS, YOU'RE GONE. WE'RE LIKE, WE'RE FINE WITH THAT. AND THAT'S EXACTLY WHAT WE ENDED UP DOING. AND WE'RE THERE NOW. FOR YEARS. SO EVERY SINGLE ONE OF THE LANDLORDS HAVE BEEN VERY DIFFICULT TO DEAL WITH. STRIP CENTERS ARE EXTREMELY YOU KNOW,

[00:50:04]

MY, YOU KNOW, THE CLIENT, THE PEOPLE THAT HAVE FOLLOWED ME, YOU KNOW, THEY THEY BELIEVE IN ME. AND IT'S COMPLETELY DIFFERENT. THEY ARE FOR SURE. THAT'S THAT'S THAT'S NOT SOMETHING LIKE I'M GOING TO AFFECT, YOU KNOW, MY TENANTS OR SOMETHING LIKE THAT. IT'S COMPLETELY DIFFERENT. YEAH. WE HAVE DOCTORS, LAWYERS, YOU KNOW, WE HAVE PEOPLE THAT ARE AFICIONADO'S. THEY'RE ACTUALLY WILLING TO SPEND EIGHT, $9 FOR A STICK OR FOR A CIGAR. OKAY. THIS ISN'T SOMEBODY THAT'S OUT, YOU KNOW, GETTING HIGH OR BUYING. WHAT IS IT, CREIGHTON OR CREIGHTON? I DON'T EVEN KNOW WHAT IT'S CALLED. NO NO NO NO, THEY'RE DEFINITELY NOT SWISHER SWEETS. THAT'S WHY WE GAVE YOU ALL SAMPLES. SO YOU COULD ACTUALLY LOOK AT THEM AND SEE WHAT THEY LOOK LIKE. THEY DON'T LOOK LIKE A FACTORY MADE CIGAR. OKAY? AND ONCE EVERYBODY SEES WHAT THEY'RE DOING AND WHAT HE DOES. OKAY AND THIS WILL BE HIS MAIN FOCUS. THIS WILL BE HIS FLAGSHIP. OKAY. THE OTHER STORES THEY'RE RUNNING, THEY'RE WORKING WELL, HE HAS STAFF. OKAY. THIS IS HIS FLAGSHIP. OKAY? IT'LL BE THE FIRST ONE THAT HE SELLS. YOU KNOW, CHARCUTERIE. THE FIRST ONE, HE DOES ALCOHOL, AND HE'S TRYING TO MAKE IT A BIGGER EXPERIENCE FOR THE PERSON THAT'S COMING AS A DESTINATION. THANK YOU, GENTLEMEN. THANK YOU, THANK YOU. IS THERE A EXCUSE ME? IS THERE AN AGE RESTRICTION FOR ENTERING YOUR ESTABLISHMENT? IF YOU HAVE WHAT? AN AGE RESTRICTION? NO. SO CHILDREN CAN GO. YOU CAN'T BUY A CIGARETTE. YOU CAN'T BUY A TOBACCO PRODUCT.

I UNDERSTAND THAT 21 YEARS OLD, BUT CHILDREN ARE STILL ALLOWED 21. YEAH. IF HE IS 21 AND OLDER, YOU CAN BUY HIS 21. BUT WOULD YOU ALLOW ME TO BRING MY GRANDSON IN? OH NO NO, NO FOR SURE. NOT IF YOU'RE GOING TO BRING MY SON. IF I BRING MY GRANDSON IN AND I WANT TO SMOKE A CIGAR OR I WANT TO SIT AT THE LOUNGE, WOULD YOU ALLOW MY GRANDSON TO COME IN? I THINK THAT'S WHAT YOU'RE ASKING. YES. YOU CANNOT DO THAT. YOU KNOW FOR SURE IT'S NOT GOING TO BE FOR CHILD. NO, I DON'T THINK. NO. EXCUSE ME. I'M SORRY. REAL QUICK, IN SPANISH, I'M GOING TO SAY NO. SI TE VAN DE FUMAR EN EL NINO. PERO SI YO VENGO CON MI FAMILIA. VENGO A COMPRAR UN QUIERO FUMAR UNO AHI PUEDO TENER MI MI NIETO. NO YOU CANNOT. OKAY. HE SAYS NO NO 100%. NO THE CHILD IS NOT GOING TO BE INSIDE. NO YOU CANNOT. PEOPLE CANNOT SMOKE WITH THE CHILD. THEN IT'S 20. NO, NO 21 AND OLDER. YOU CAN SMOKE IF IT'S NOT YOU HAVE TO GO OUT. THE LAW IS LIKE THAT, YOU KNOW. AND THAT'S WHAT I DO. OKAY. DOES ANYBODY HAVE ANY MORE QUESTIONS FOR THE APPLICANT BEFORE. SO JUST MY THOUGHTS FOR EVERYBODY. I LIKE SMOKING CIGAR. I THINK ON PAPER THIS IS A NICE ADDITION GENERALLY. BUT I ALSO SEE THE CONCERNS I, I DON'T NECESSARILY THINK THAT THIS WOULD BE LIKE OTHER ESTABLISHMENTS DOWNTOWN THAT PEOPLE WERE MENTIONING OR ALLUDING TO. I THINK IT IS A DIFFERENT CLIENTELE. I THINK IT'S JUST A DIFFERENT EXPERIENCE, WHERE MY CONCERNS COME IN IS. I THINK IT HAS AN ABILITY TO POSSIBLY AFFECT DOWNTOWN, AS IS NOW. THERE'S NOT REALLY A PLACE DOWNTOWN. I MEAN, I'M ASSUMING YOU COULD THERE'S PROBABLY PEOPLE THAT DO IT. I KNOW THERE'S PEOPLE THAT SMOKE IT AT HERMAN MARSHALL. NOT INSIDE, OBVIOUSLY, BUT THEY THEY SMOKE ON THE OUTSIDE. MAYBE PEOPLE DO THAT LANDING. I DON'T KNOW, BUT, THERE IS OBVIOUSLY YOU WANT TO BRING PEOPLE IN IF IT'S A SMALL IT'S A SMALL BUILDING. I MEAN, I'M NOT LYING WHEN I SAY THAT. I THINK YOU'RE GOING TO END UP HAVING PEOPLE THAT COME DOWN THERE, THEY PICK UP A CIGAR AND THEY MAY WANT TO SMOKE IT AS THEY WALK DOWN THE STREET. I DON'T KNOW, AND I'M NOT SAYING THAT'S A DEAL KILLER. I'M JUST SAYING THAT THAT'S A THOUGHT THAT MAYBE OTHER PEOPLE HAVEN'T THOUGHT ABOUT JUST YET. SO, THERE'S THAT. OBVIOUSLY, WE DON'T WANT THIS TO AFFECT ANYBODY ELSE. THERE'S CIGAR SHOPS. THERE'S ONE IN MURPHY.

[00:55:03]

YES SIR. I GUESS TO KIND OF EXPAND ON. COMMISSIONER SCRUGGS THOUGHT, ARE YOU SAYING THAT THAT'S SOMETHING THAT CAN BE DONE? ARE YOU SAYING WE WOULD NEED TO LOOK INTO IT MORE, OR ARE YOU TALKING ABOUT DETERMINATION OF THE SUP? WELL, I JUST MEAN, IF WE SAID, HEY, WE YOU'RE GOING TO HAVE A YEAR AND IT EXPIRES IN A YEAR AND YOU COME BACK SO IT CAN BE DONE. MY PROFESSIONAL OPINION IS TO NOT DO THAT BECAUSE THERE'S OTHER AVENUES THAT CAN BE TAKEN FROM A CITY STANDPOINT, AND THE OTHER THING IS, AND THIS IS JUST ME, BUT IF I'M THAT APPLICANT, I'M NOT GOING TO PUT ALL THAT MONEY INTO THAT BUILDING. IF YOU TELL ME IN A YEAR, I GOT TO COME BACK

[01:00:02]

LIKE I SAID, I THINK THE CITY CAN TAKE OTHER OTHER AVENUES. ANY MORE COMMENTS? QUESTIONS CONCERNS? IF NOT, I WILL ENTERTAIN A MOTION. I MOVE. WE RECOMMEND THE APPLICATION FOR A SPECIAL USE PERMIT FOR ITEM NUMBER THREE, AS PRESENTED ON THE AGENDA. AND BEFORE THIS GOES FORWARD, I DON'T MEAN TO CUT INTO YOUR MOTION HERE, BUT WE TALKED ABOUT THE MARIJUANA PRODUCTS. DOES THAT NEED TO BE MENTIONED IF THAT'S WHAT HE WANTS, YEAH. YOU'D HAVE TO AMEND HIS MOTION IF THAT'S WHAT YOU WANT TO DO. THE NO SALE OF MARIJUANA PRODUCTS OR KRATOM.

HE'S ALREADY TOLD US THAT THERE WON'T BE ANY OTHER PRODUCTS SOL. NO, I UNDERSTAND THAT. BUT TELLING US ONE THING, AND NO OFFENSE TELLING US WHEN IT'S ON RECORD. WELL, I UNDERSTAND THAT.

BUT FOR WHAT IT'S WORTH, COMMISSIONER, JUST BECAUSE IT'S ON. I MEAN, I AGREE, I FEEL THAT, YOU KNOW, IT'S BEEN SAID, BUT, IF THAT'S THE DESIRE TO MAKE SURE THAT THAT DOESN'T HAPPEN, IT REALLY NEEDS TO GO INTO THE ORDINANCE. AND IF THAT'S THE DESIRE OF THE COMMISSION, THEN JUST BEING SAID THAT LIMITING IT TO CIGARS, AND, AND MIXOLOGY AND THE BOARDS, IF YOU SAY THAT IN THE MOTION, I CAN MAKE SURE THAT IT'S WORDED IN SUCH A WAY WHEN IT GOES TO COUNCIL THAT THAT'S ALL THAT'S ALLOWED. OKAY. THEN I WILL AMEND MY MOTION TO STATE THAT IT WILL BE SIMPLY THE HAND-ROLLED CIGAR, THE MIXOLOGY AND THE CARTERI, OR HOWEVER YOU PRONOUNCE IT, CHARCUTERIE FOODS. THAT IS PREPARED AND SOLD FOR USE. DO WE HAVE A MOTION? DO WE HAVE A SECOND? I SECOND, I HAVE MOTION A SECOND. PLEASE VOTE. GOLLY. THE THING IS, THEY'RE TWO AND A HALF. PASSES FOR ONE. SO THIS ITEM WILL GO TO COUNCIL FOR A FINAL CONSIDERATION IN THREE WEEKS. OKAY. GOOD LUCK. MOVING ON TO ITEM NUMBER FOUR. HOLD A PUBLIC

[4. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC-SUP) on 18.754 acres to allow for drone delivery service for Walmart. Property located at 2050 N State Highway 78 (ZC 2024-05). ]

[01:05:08]

CAN I CAN YOU GET ME SOME FOOD DELIVERED? AND BEING A GOOD DAD, I FEEL LIKE I'M A GOOD DAD. I JUMP ON MY PHONE, GO TO THE LOCAL RESTAURANTS, MAKE AN ORDER AND GET THE FOOD DELIVERED AT ABOUT AN HOUR AND THEN MY WIFE AND I, MYSELF, WE REALLY ENJOY GOING TO WALMART. AND THEN WE JOKE AROUND ABOUT THE FACT THAT CAN WE GET INTO THE STORE AND OUT OF THE STORE WITHOUT GETTING A BASKET, AND EVERY TIME WE SAY WE CAN'T, WE USUALLY SAY WE KNEW BETTER AND WE DID IT ANYWAYS.

BUT YEAH, SHOPPING HABITS, THEY'RE VERY, VERY, VERY MUCH EVOLVING AND CHANGING AND I THINK WITH THE PANDEMIC OVER THE LAST DECADE, YOU COULD SEE THE SHOPPING HABITS HAVE CHANGED PRETTY SIGNIFICANTLY. BUT WITH THE PANDEMIC, IT FEELS LIKE IT'S THROWING GASOLINE ON BASICALLY THE CUSTOMER'S NEEDS AND BEING ABLE TO ADDRESS THOSE. AND WHAT WE'RE FINDING POST PANDEMIC, WE'VE NOT ONLY ADAPTED TO SOME OF THOSE NEEDS, BUT WE ARE SEEING THAT SOME OF THAT DEMAND IS STICKING, BUT NOT ONLY STICKING, ALSO GROWING. SO YOU'D BE HARD PRESSED TO FIND A WALMART THAT DOESN'T HAVE MORE THAN 12 ONLINE PICKUP AND DELIVERY SPOTS DEDICATED TO PICKUP AND DELIVERY FOR ONLINE ORDERS. IN FACT, I'D SAY THEY'RE CLOSER TO ABOUT 20 AT MOST WALMARTS, SO WITH THAT, SIMPLY TO SAY SHOPPING IS BASICALLY A CUSTOMER NEED THAT WE'RE TRYING TO MEET HERE AND IT'S GOING TO HAVE TO ADAPT TO OR IT ADAPTS TO THE CUSTOMER NEEDS AND THEIR LIFESTYLES AND MAKING IT TO WHERE WE ARE SCHEDULING THEIR SHOPPING NEEDS AROUND THE CUSTOMER. SO DRONES IS BASICALLY THE EVOLUTION. SO DRONES ARE WILL FIT A SMALL NICHE PART OF THE MARKET. AS FAR AS BEING ABLE TO DELIVER SMALL PACKAGES AND BEING ABLE TO DELIVER THEM RAPIDLY. BASICALLY WITHIN 30 MINUTES. SO WE SEE MANY USE CASES, AND I'VE BEEN ON THE PROGRAM FOR TWO YEARS, AND I CAN TELL YOU THE USE CASES ARE ENDLESS. I CAN TELL YOU SOME SIMPLE ONES AS SIMPLE AS GETTING HOME LATE AT NIGHT, PROBABLY AFTER A ZOOM MEETING AND GETTING READY TO MAKE DINNER AND THINKING, I'VE GOT EVERYTHING I NEED. BUT I FORGOT THE SPAGHETTI SAUCE AND THE PARMESAN CHEESE. THAT'S A GREAT NEED. THEN THERE'S ALSO THE NEEDS. LIKE LOOKING AT, A YOUNG, COUPLE WITH A NEWBORN THAT MAY JUST NEED THAT TYLENOL AND, I MEAN, THAT USE CASE TRANSLATES EXTREMELY WELL TO OUR ELDERLY POPULATION AS WELL. MY PARENTS JUST BEING ABLE TO ORDER THEM, MEDICINE OVER THE COUNTER. AND SO I CAN TELL YOU, BEING ON THE PROGRAM FOR THE PAST TWO YEARS, I CAN DEFINITELY SEE MANY USE CASES AT WHICH THIS WOULD APPLY. AND SO THIS NEED IS GOING TO CONTINUE TO GROW. AND SO WITH THAT, I WOULD SAY I'M GOING TO BRING UP BERNICE TO BE ABLE TO KIND OF TALK ABOUT HOW WE WOULD BE ABLE TO MEET THAT NEED PHYSICALLY BY SETTING UP THIS STRUCTURE HERE AT THE LOCAL WALMART. GOOD EVENING. MY NAME IS BERNICE ESPINOZA AND I'M WITH KIMLEY-HORN. I'M ONE OF THE CIVIL ENGINEERS ON THIS, DEVELOPMENT. I THINK I HAVE THE ADDRESS RIGHT, 101, ONE REUNION PLACE, SAN ANTONIO, TEXAS. SO

[01:10:01]

THERE'S A GENERATOR, WHICH WILL ONLY BE FOR A YEAR WHILE WE WORK ON DOING MORE PERMANENT SHORE POWER, WE'VE ALSO GOT THE SHED, THE STORE. IT'S NOT A STORAGE SHED. IT'S A CONTAINER WHERE WE STORE THE DRONES. AND THEN WE'VE GOT ON THIS SIDE IN PARTICULAR, WE ARE. WELL OVER PARKED FOR CITY REQUIREMENTS, SO WE SHOULDN'T HAVE AN ISSUE WITH PARKING ON THE SITE. AND THEN WHAT WE TRY TO DO AND UNFORTUNATELY, THIS CONCEPTUAL SITE PLAN DOESN'T HAVE IT HIGHLIGHTED, BUT WE'D LIKE TO TRY AND KEEP THIS SET UP ON THE ONLINE GROCERY SITE, SIDE OF THE WALMART. SO THAT WAY THE SAME ASSOCIATES CAN COME OUT AND DELIVER, YEAH. OKAY. PERFECT. I CAN'T REALLY TELL. IT'S KIND OF ZOOMED OUT FOR ME, BUT, IT'S IN THERE, SO WE TRY TO KEEP EVERYTHING WHERE THE ASSOCIATE CAN ALSO BE. YOU KNOW, IN THE SAME AREA. AND IT'S SAFETY FOR THEM AS WELL, ONE THING THAT I FAILED TO MENTION IS THAT WHEN WE SET UP THESE SITES, WE LIKE TO MAKE SURE THAT THEY'RE IT'S NOT INSIDE ANY BUILDING SETBACKS OR ANY AREAS THAT OF CONCERN, LANDSCAPE ISLANDS OR ANY OF THAT NATURE. WE TRY TO KEEP IT TO WHERE, IT, IT LETS THE SITE CONTINUE WITH ITS CURRENT HABITS, I DON'T HAVE ANYTHING SUPER CRAZY ON THIS SITE UNLESS YOU GUYS HAVE ANY QUESTIONS. THE MAIN THING IS USUALLY PARKING, WHICH WE'RE WELL OVER. YEAH DOES THIS, CONSIDERING WHERE IT'S AT, IT'S NEXT TO THE, TRAIN INTERMODAL AND THE NATIONAL GUARD. IS THAT IS THERE GOING TO BE AN ISSUE WITH THE HEIGHT WITH THE INTERFERENCE WITH THOSE? I'M JUST CURIOUS. YEAH WELL, THERE'S NOTHING IN THE AIR AT THE INTERMODAL, AS FAR AS I KNOW.

I'M JUST SAYING THE HEIGHT OF SOME OF THEIR STUFF THAT THEY'VE GOT TO GO OVER TO GET TO. LAVON.

OH, I DON'T THINK THEY'D GO THAT FAR, BUT SHE CAN. YEAH. GO AHEAD. I'LL LET HER SO SHE CAN SHOW YOU MORE OR LESS WHAT THAT LOOKS LIKE. OH, OKAY. PERFECT. THANK YOU, THANK YOU. NAME AND ADDRESS, PLEASE. KENDALL PROZAC, 9355 JOHN W ELLIOTT, FRISCO, TEXAS. AND I'M ACTUALLY GOING TO BACK UP A SLIDE SO I CAN SHOW THIS VIDEO JUST SO YOU CAN HAVE THE VISUAL OF WHAT THE SETUP LOOKS LIKE AS WELL AS THE DRONE OPERATION. SO THIS IS ACTUALLY OUR SETUP OVER AT FRISCO, VERY SIMILAR. IT WILL HAVE THE CONTAINER, THE PADS, AS WELL AS THE EIGHT FOOT FENCE AROUND THE FLIGHT LINE. BUT I REALLY WANT TO ARTICULATE THIS. SO YOU CAN SEE HOW LIGHTWEIGHT THE SETUP IS AS WELL AS THE DRONE EXPERIENCE. SO WE'LL HAVE SOMEBODY WHO LOADS THE PACKAGE ON. LIKE BERNIE SAID, IT'S A VERY SMALL PACKAGE. IT GOES UP INTO THE UNDERBELLY OF THE DRONE AND THROUGH OUR FAA REGULATIONS WERE CLEARED FROM 0 TO 400FT TO FLY. WE TAKE OFF AT ABOUT 65 MILES AN HOUR AND TRY TO FLY AROUND 150FT. THAT'S ABOUT OUR SWEET SPOT, OVER OBSTACLES, THINGS OF THAT NATUR.

AND THEN THE DRONE IS OFF TO YOUR DESTINATION. WE ARE VERY INTENTIONAL OF HAVING DIFFERENT FLIGHT PATHS, SO IF WE ARE NEIGHBORS, YOU'RE NOT GETTING THE SAME OVERHEAD FLIGHT. IF I ORDER TODAY AT 7:13 P.M, WHICH IS ACTUALLY OUTSIDE OF OUR DELIVERY AREA OR OURS, SO 6:13 P.M. TODAY AS WELL AS TOMORROW, YOU'D ACTUALLY GET TWO DIFFERENT FLIGHT PATHS TO YOUR HOUSE BECAUSE WE'RE TAKING WEATHER, WIND OBSTRUCTION, ALL OF THAT INTO CONSIDERATION. SO I THINK THAT MAYBE ANSWERS YOUR QUESTION A LITTLE BIT. I WAS JUST WORRIED ABOUT THE TAKEOFFS YOU'RE GOING VERTICAL. THEY ARE. I WAS JUST MAKING SURE BECAUSE NORTH OF YOU IS THE LAKE. AND THEN YOU'VE GOT THE MODAL THAT YOU'RE GOING TO HAVE TO GO OVER TO LAVON. IF YOU GO OVER TO LAVON. BUT IT'S JUST HOW IF YOU'RE GETTING HIGH ENOUGH OVER THE MACHINERY, WE CAN'T EXCEED 400FT. RIGHT? AND THERE'S NOTHING OVER 400FT. YEAH, SO IT'S JUST A CONCERN. QUESTION. YEAH, IT'S A GREAT QUESTION. AND I'M GOING TO GO A FEW SLIDES UP JUST TO ARTICULATE WHAT WE ARE TALKING ABOUT WHEN IT COMES TO OUR FAA APPROVALS. I THINK THIS WILL ALSO ANSWER A LOT OF QUESTIONS. WE AS WING HOLD OUR PART 135 AIR CARRIER CERTIFICATE. THAT'S A VERY FANCY WAY TO SAY LIKE A FEDEX OR UPS JETLINER. THOSE BIG ONES THAT YOU SEE GOING FROM DFW OR LOVE TO ANOTHER LOCATION THAT IS HOW OUR LITTLE 11 POUND FOAM DRONE IS ALSO REGULATED, ALONG WITH DIFFERENT WAIVERS. TO BE ABLE TO OPERATE. AND THEN WE ALSO HAVE A VERY RIGOROUS ENVIRONMENTAL APPROVAL THROUGH THE FAA THAT WE NEED TO DO IN ORDER TO GET THE APPROVALS TO FLY HERE. SO SOMETHING MARK DIDN'T MENTION,

[01:15:03]

[01:20:02]

WHAT, 2500 HOUSES NOW OR 1200? 1200. YEAH THAT'S A LOT OF PEOPLE. NO THANK YOU, THANK YOU.

NO, NO, MY SON. NO, I HAVE TO HAVE A REASON TO LEAVE THE HOUS. YOU CAN ORDER SOMETHING FOR HIM WHEN YOU'RE NOT THERE. SO ANYBODY ELSE HAVE ANY QUESTIONS? CORRECT. IN THINKING THAT WHAT WE'RE DOING HERE TONIGHT IS TO WHETHER OR NOT TO RECOMMEND TO THE CITY COUNCIL THAT WE DRAFT THE CONCERNING THE WRITING OF AN ORDINANCE, INCLUDING THAT IN THE WRITING OF THE ORDINANCE IS THE AMENDING, EXCUSE ME? NO, THE WRITING OF THE ORDINANCE IS JUST THE SUP PART. THAT'S ALL THAT IS THE SPECIAL USE PERMIT, WHICH WOULD ALLOW THE BECAUSE WE DO WE DON'T HAVE A DRONE USE. SO THIS SUP WOULD ALLOW THE DRONES TO BE USED WITH THE CONDITIONS AT THIS PARTICULAR SITE, WITH THE CONDITIONS THAT ARE LISTED IN THE SUP DOCUMENT. THAT'S THAT'S WHAT I WAS GOING TO CLARIFY BECAUSE I THINK WE APPLIED FOR JUST THE USE THE SUP. RIGHT. THE ORDINANCE WOULD BE SOMETHING SEPARATE THAT WE COULD WORK ON IN BETWEEN. LIKE IF WE DO THIS FOR A YEAR, STAFF WRITES THAT YEAH, THAT'S ALL IT IS, IS AN ACT. IT'S A COUPLE OF WHEREASES AND YOU KNOW, THEREFORES AND THAT'S IT. JUST WANTED TO MAKE SURE I WAS LIKE AND ACTS THE ITEMS THAT ARE INCLUDED IN THE EXHIBITS. PERFECT. SO THE ONLY OTHER PIECE I WANT TO KIND OF BRING UP IS THAT WE'RE VERY RECEPTIVE TO FEEDBACK. SO WE'RE LOOKING AT A SPECIAL USE PERMIT HERE TO ALLOW THE OPERATION TO GET OFF THE GROUND, SO TO SPEAK. PUN INTENDED. WITH THE GENERATOR. WE INTEND TO COME BACK. WE COME TO TEND TO COME BACK AND FILE ANOTHER PERMIT TO BE ABLE TO SEE HOW WE CAN ADJUST THIS SERVICE, TO MAKE SURE THAT WE'RE TAKING ALL THE FEEDBACK AND CONSIDERATION AND TO GET THE SERVICE RIGHT. IN THE FUTURE, ARE YOU GOING TO INCREASE THE SIZE OF THE DRONES TO CARRY LARGER PACKAGES OR NOT? YES, BUT THAT'S NOT OUR SOLE INTENTION. WE ACTUALLY AM HAPPY TO SEND A

[01:25:02]

ON THE FLIP SIDE, WE'RE ALSO BUILDING AND GOING THROUGH THE APPROVALS WITH THE FAA RIGHT NO, IT'S A LARGER AIRCRAFT. THAT AIRCRAFT WEIGHS ABOUT 20 POUNDS. SO THIS ONE'S 11. THAT ONE'S JUST A LITTLE BIT BIGGER, AND THEN THE PAYLOAD FOR THAT WILL BE ABOUT 5 POUNDS. SO WE'RE STILL NOT LOOKING TO SOLVE THOSE LARGE GROCERY ORDERS, DELIVER PIANOS, ANYTHING OF THAT NATURE.

IT'LL STILL BE THOSE SMALL PACKAGE ITEMS. AND YOU'RE NOT ON THE DRONE ASSEMBLY LINE YET FOR THE SHIPPING CONTAINERS? NO, UNFORTUNATELY. SO AT THIS TIME, YOU'RE NOT PLANNING TO REACH THE 55 POUND? NO, WE ARE NOT LIMIT. NO. ANY OTHER QUESTIONS? WE HAVE PLANS ON INCREASING THE NUMBER OF PAD PAD NESTS. SO SO RIGHT NOW WE'RE LOOKING AT DOING THIS ONE YEAR PROGRAM. WE'VE GOT 18 PADS. AND AS KENDALL MENTIONED A LARGER DRONE AT SOME POINT WOULD BE COMING FORTH. WE WOULDN'T CHANGE THE INFRASTRUCTURE. IT WOULD STILL REMAIN 18 PADS. NOW BASED OFF OF THIS ONE YEAR TRIAL PROGRAM, WE WILL TAILOR TO MEET THE DEMANDS OF THE LOCAL AREA. SO IF WE NEED TO SCALE, WE WOULD COME BACK AND ASK FOR A LARGER SPACE AND PARKING AND GO THROUGH THIS ENTIRE PROCESS. DID I CORRECTLY HEAR YOU SAY 18 PADS? YES, SIR. WHAT WE HAVE IN FRONT OF US, WHAT WE HAVE IN FRONT OF US. THE REQUEST IS FOR 12. SORRY, SORRY. THE PADS ARE THE CHARGING. THAT'S WHAT HE'S REFERRING TO. THE SETUP ITSELF IS THE NEST. I THINK THE PAD. NEST. SORRY. DID I. 12 1212.

1212. YEP. SO WE WANTED TO BE VERY CONSIDERATE OF THE PARKING SPACE. SO 12 PADS FOR THE SITE APOLOGIZE. SO YOU'RE USING THE CURRENT PICKUP SITES TO TAKE YOU'RE GOING TO LOSE THOSE OR YOU WANT TO PUT THEM SOMEWHERE ELSE. NO NO NO. SO WE'RE ON THE SAME SIDE. SO THE ONLINE PICKUP STALLS THOSE STAY THE SAME. WE'RE NOT TRYING TO INTERFERE ON THOSE. YEAH. YOU'RE PUTTING THEM WITH A LITTLE. THE PEOPLE THAT DON'T NORMALLY LIKE TO PARK OVER THERE, THEY HAVE TO WALK ALL THE WAY IN. SO THAT'S REALLY WHAT WE TRY. WALMART LIKES THOSE. NOBODY WANTS TO PARK IN THE BACK.

RIGHT. SO WE TRY TO KEEP THE PRIME PARKING RIGHT FRONT FREE. YEP OKAY. ANY MORE QUESTIONS OR COMMENTS FOR THE APPLICANT. OTHERWISE I'LL OPEN THE PUBLIC HEARING. NOW MOVE TO THE PUBLIC HEARING PORTION OF THIS. I DO NOT HAVE ANY COMMENT FORMS. IF THERE'S SOMEBODY THAT WOULD LIKE TO SPEAK ON THIS ITEM AND COME FORWARD. AND SINCE NOBODY IS, WE WILL CLOSE THE PUBLIC HEARING PORTION. SO SINCE MY MICROPHONE IS STILL ON, I'LL TELL YOU WHAT I THINK. I THINK THIS IS COOL AND I KNOW PEOPLE THAT HAVE USED IT IN NORTH RICHLAND HILLS AND THEY THOUGHT IT WAS COOL. SO I DON'T HAVE ANY CONCERNS, BUT THAT'S JUST ME. MY $0.02 IS THAT, IT'S VERY INTERESTING AND IT WILL BE USED, BUT I KNOW BOZEMAN, YOU'RE GOING TO HEAR ABOUT IT, BUT IT'LL BE ACCEPTED.

BUT I THINK, YOU'RE GOING TO NEED TO DO COMMUNITY OUTREACH BIG TIME AT BOZEMAN. SO I KNOW VERY WELL IT'S BIG. IT'S BIG. IT'S A DRONE. YEAH, OURS ARE SMALL. WE HEARD WE WERE GOING TO BE HERE TODAY. ANY OTHER DISCUSSION ITEMS, COMMENTS, QUESTIONS. OTHERWISE, I'LL ENTERTAIN A MOTION. I MOVED TO MAKE A MOTION THAT WE ACCEPT THE. WE PROPOSE THE ORDINANCE AS IS WITH THE WEIGHT RESTRICTIONS AND THE SIZE RESTRICTIONS AND THE PAD, AS IS. RECOMMENDED MOTION. AND SECOND I'LL SECOND MOTION A SECOND. PLEASE VOTE. AND THAT PASSES FIVE ZERO. THIS ITEM WILL ALSO GO TO COUNCIL IN THREE WEEKS. AND IT WILL GO TO COUNCIL IN THREE WEEKS. PERFECT THANK YOU. LOOKS LIKE ALL OF OUR ITEMS. ANYBODY GOT ANY ANNOUNCEMENTS? GOOD LUCK. WE

[01:30:03]