Nov 17, 2020 Planning and Zoning Commission

>> AYE. >> COMMISSIONER BATEMAN?

>> AYE. >> MEMBER ALTMAN: COMMISSIONER

STEPHENS? >> MEMBER STEPHENS: NO.

>> MEMBER ALTMAN: OKAY. THE MOTION TO CLOSE THE PUBLIC HEARING CARRIES 6-1. THE PUBLIC HEARING IS CLOSED.

WE CAN HAVE A DISCUSSION, MOTIONS.

>> I HAVE QUESTIONS OF STAFF. >> MEMBER ALTMAN: OKAY.

YOU CAN ASK THOSE. >> MARCOS, DO WE KNOW ANYTHING ABOUT THE WATER LINE OUT THERE? THE SIZE OF IT? ALL OF THAT? I KNOW IT'S NOT OURS BUT DO WE

HAVE INFORMATION ON THAT? >> MARCOS: YEAH.

WELL OUR RECORDS INDICATE AND AGAIN WE GET OUR RECORDS FROM MOUNTAIN PEAK. OUR RECORD INDICATE THERE IS A FOUR-INCH WATER LINE THAT RUNS, IT RUNS ON THE SOUTHERN SIDE.

ULTIMATELY FEEDING OR SERVING THE LOTS BACK HERE.

OTHER THAN THAT WE ARE REACHED OUT TO MOUNTAIN PEAK TO GET THEIR TAKE ON THE SUBDIVISION AND HOW IT MAY AFFECT THEIR LINE. I HAVE NOT HEARD BACK FROM MR. CURT YET. THAT IS ABOUT THE MOST

INFORMATION WE HAVE ON THAT. >> SO WE REALLY DON'T KNOW IF FOUR ADDITIONAL HOMES WERE BUILT HERE HOW IT WILL IMPACT?

>> MARCOS: I BELIEVE THE APPLICANT TALKED TO MOUNTAIN PEAK. ACCORDING TO WHAT HE HAS SAID APPARENTLY IT'S GOOD. WE HAVE NOT CONFIRMED THAT WITH MOUNTAIN PEAK. BUT THAT IS ONLY BECAUSE WE DON'T SERVE WATER IN THAT AREA. IT ULTIMATELY IS MOUNTAIN PEAK'S

[00:40:03]

CALL TO MAKE. >> OKAY.

THEY CAN ADEQUATELY PUT AN ARROW ANAEROBIC SYSTEM OR SEWER SYSTEM

ON AN ACRE WITHOUT A PROBLEM? >> MARCOS: THAT IS THE TYPICAL. AS LONG AS YOU VAN ACRE OR MORE.

>> SINCE WE JUST RESURFACED THAT ROAD I ASSUME THERE IS NOT ANY IMMEDIATE OR NEAR FUTURE PLANS TO IMPROVE THAT ROAD FROM WHAT IS RECENTLY BEEN DONE TO IT? IT'S PROBABLY GOING TO BE IN

THAT STATE FOR A WHILE, RIGHT? >> MARCOS: YES, SIR.

THAT IS CORRECT. >> OKAY.

MY LAST QUESTION, JUST FOR MY OWN EDIFICATION BECAUSE I GET CONFUSED SOMETIMES WITH APPLE AND BLUEBONNET.

THE DAY CARE CENTER THAT WAS APPROVED THERE ON 663, WAS THAT AT APPLE LANE OR WAS THAT AT BLUEBONNET?

>> MARCOS: BLUEBONNET. >> THANK YOU.

>> MARCOS: YES, SIR. >> MEMBER ALTMAN: ANY OTHER QUESTIONS FOR STAFF? COMMENTS? DEBATE? IS THERE ANY BUSINESS? ALL PRIVATE RESIDENCE OR ANY BUSINESSES ON APPLE LANE?

>> MARCOS: YOU KNOW, MY UNDERSTANDING IS THAT IT IS ALL RESIDENCE BACK THERE. LET ME SEE IF I CAN FIND A BETTER -- I KNOW APPLE LANE JOGS TO THE RIGHT AND IT HEADS OVER TO 663. I BELIEVE THERE IS A -- IS THIS WHERE THEY SELL PACKAGED MEAT? I BELIEVE THERE IS ONE PACKAGED MEAT AREA WHERE THEY SERVE -- THEY HAVE BEEN THERE --

>> MEMBER ALTMAN: MR. SHORT MAY OFFER INFORMATION.

>> 751 APPLE LANE. IT'S THE MILL CREEK MEAT COMPANY. TRAFFIC COMES UP AND IT'S NOT GIGANTIC TRAFFIC BUT WE DO HAVE A MEAT COMPANY.

>> WHERE IS THAT ON THE MAP? FOR MY --

>> WHERE MY POINTER IS. THIS HIGH UP.

WHERE IT CURBS THIS WAY. >> SO THAT IS THE FIRST DEAD END

OFF OF 663. >> MARCOS: YES, SIR.

YES, SIR. >> OKAY.

>> DO WE HAVE ANY IDEA HOW OLD THAT FOUR-INCH MAIN IS?

>> MARCOS: I DO NOT HAVE THAT INFORMATION, SIR.

>> MR. KOEHLER, YOU BEING AN ENGINEER, IF THEY WERE TO HAVE THAT FOUR-INCH LINE REPLACED WITH A SIX-INCH LINE, WOULD THE WATER GO STALE WITH AS FEW PEOPLE OUT THERE?

>> MEMBER KOEHLER: I'D HAVE TO SEE THE WHOLE LINE.

I'M ASSUMING IT'S A DEAD END AND IT DOESN'T LOOP.

I COULD BE A PROBLEM. >> THANK YOU, SIR.

>> MEMBER ALTMAN: ANY OTHER QUESTIONS? LET ME, I'LL STATE WHERE I AM AT ON THIS.

YOU KNOW, OBVIOUSLY WE APPROVED ONE-ACRE LOTS AND IN THESE MODULES BEFORE. THEY HAVE COME IN AS PART OF THE ENTIRE PLOTS AND PLATS. WING THING WE HAVEN'T HAD IS THE NEIGHBORS SPEAKING OUT IN THE OPPOSITION TO IT.

HAVING SAT ON COMPREHENSIVE PLANNING BOARD WE PUT THE LINES ON THE MAP AND I SAID IT BEFORE. SOMETIMES NOT EVERYBODY IN THIS GROUP WAS PART OF THAT COMPREHENSIVE PLAN.

THEY DIDN'T GET A CHANCE TO VOICE THAT.

THOSE HAVE TO, WE HAVE TO ANSWER TO THE NEIGHBORHOODS AND WHAT THEY ARE LOOKING FOR. ONE OF THE KEY COMPONENTS OF MIDLOTHIAN HAS ALWAYS BEEN PRESERVING A RURAL HERITAGE IN THE CITY. AND I THINK IT'S GOOD WE HAVE THE GROUPS OF NEIGHBORS THAT COME FORWARD AND MAKE THESE KIND OF ARGUMENTS TO PRESERVE RURAL HERITAGE AND TO ARGUE THAT THEIR NEIGHBORHOOD SHOULD BE A RANCHETTE NEIGHBORHOOD.

FRANKLY WE JUST APPROVED IN THE LAST THREE OR FOUR MONTHS SEVERAL LARGE ONE-ACRE DEVELOPMENTS.

THERE IS PLENTY OF ONE-ACRE LOT AVAILABLE FOR DEVELOPMENT.

THESE, ONE OF THOSE I BELIEVE HAD CURBS AND LIGHTS AND SIDEWALKS. THERE ARE AMENITIES WITH THE LOTS. .WE DON'T SEE IT HERE.

THIS IS BURDENING THE ROADS AND THE WATER SYSTEM THERE THAT WASN'T DESIGNED TO SUPPORT ONE-ACRE NEIGHBORHOOD.

IF WE APPROVE THIS IT WILL LEAD TO THE IDEA OF THE SMALLER LOTS BEING INSERTED IN THOSE LOTS. I KNOW ONE OF THE GENTLEMEN WITH A 14-ACRE SAID HE WASN'T GOING TO DEVELOP IT.

MAYBE HIS KIDS WILL BE HERE IN A FEW YEARS SAYING WE TOOK CARE OF DAD. NOW WE WILL DEVELOP THAT.

DAD MOVED TO FLORIDA. THAT IS OUR JOB TO SAFEGUARD THIS. SO FOR THAT REASON, LOOKING AT THIS, I THINK IT'S IMPORTANT THAT WE HONOR THE NEIGHBORHOOD.

KEEPING WITH THE CONSISTENCY. I'M IN FAVOR OF DENYING THE

REQUEST. >> I WOULD MAKE THAT MOTION.

>> MEMBER ALTMAN: OKAY. MOTION IS MADE.

I'LL SECOND THE MOTION. TO DENY THE APPLICATION.

THE MOTION IS NOW BEFORE US. IS THERE ANY FURTHER DISCUSSION,

COMMENTS BY ANYONE? >> I HAVE A COMMENT.

[00:45:01]

I DON'T HAVE A PROBLEM WITH THE SIZE OF THE LOTS.

HE HAS DONE WHAT WE ASKED HIM TO DO.

BUT MY CONCERN WAS I WAS OVER THERE TODAY PULLING OUT ON 663, THE ADDED CONGESTION IS GOING TO MAKE IT WORSE.

IT'S DANGEROUS THERE. SO, I'M GOING TO AGREE WITH

Y'ALL ON YOUR MOTION. >> MEMBER ALTMAN: OKAY.

I'LL CALL THE VOTE. I'LL VOTE -- THIS IS THE MOTION

TO DENY. >> I DISAGREE WITH YOU.

>> MEMBER ALTMAN: OKAY. >> THE METROPLEX IS THE FOURTH LARGEST IN THE NATION NOW. BACK WHEN I WAS A KID, DALLAS WAS THE 37TH LARGEST CITY. PEOPLE LIKE THIS AREA.

AND THEY ARE MOVING IN. THE INDIANS DIDN'T WANT US TO COME. WE CAME.

THE FARMERS DIDN'T WANT US IN. WE CAME.

DENSITY IS GOING TO OCCUR. THESE ARE ONLY FOUR LOTS.

WE HAVE A WHOLE LOT MORE THAN FOUR PEOPLE HERE TO DECIDE TO DISTANCE THE PLACE THEY WANTED TO LIVE.

I CAN'T BLAME THEM. WHAT A GREAT AREA.

BUT WE'RE GOING TO DOUBLE THE POPULATION OF THIS TOWN.

WE'LL DO IT PRETTY SOON IF THE ECONOMY HOLDS.

IF YOU DON'T WANT MORE PEOPLE IN YOUR NEIGHBORHOOD, DON'T SELL.

BUT WHY IN THE WORLD WOULD YOU TELL THE GENTLEMAN THAT OWNS THIS PROPERTY THAT YOU HAVE THE RIGHT TO RESTRICT HIM FROM DEVELOPING IN SUCH A WAY AS TO BRING A COUPLE OF NEIGHBORS IN ALONG WITH HIM? I DON'T THINK YOU HAVE THE RIGHT TO DO THAT. SO I WILL OPPOSE YOUR MOTION,

SIR. >> MEMBER ALTMAN: THANK YOU, MR. BATEMAN. I WILL NOW CALL THE VOTE UNLESS THERE ARE OTHER COMMENTS. HEARING NONE I WILL VOTE -- THIS IS MOTION FOR DENIAL. I VOTE AYE.

KOEHLER? >> MEMBER KOEHLER: AYE.

>> HILL? >> MEMBER HILL: AYE.

>> MEMBER OSBORN: AYE. >> MEMBER ALTMAN: COMMISSIONER

BATEMAN? >> MEMBER BATEMAN: NAY.

>> MEMBER STEPHENS: AYE. >> MEMBER ALTMAN: THE MOTION TO DENY THE APPLICANT CARRIES 6-1.

THANK YOU VERY MUCH. WE HAVE A MOTION FROM -- 5-1.

EXCUSE ME. OH, YOU ARE RIGHT.

SORRY. MY APOLOGIES, MR. DARRACH IS NOW A COUNCILMEMBER. WE ONE SHORT.

THANK YOU VERY MUCH. ALL RIGHT.

[012 Conduct a public hearing to consider and act upon an ordinance amending the City of Midlothian zoning ordinance and zoning map relating to the use and development of property described as Lot 12R, Mission Hill, Phase One, and 3.542± acres situated in the John H. Jones Survey, Abstract No. 586, described in exhibit “A” hereto located at 2041 Mcalpin Road and in an Agricultural (A) District, by granting a Specific Use Permit (SUP) for an animal (canine) training facility and adopting development conditions (SUP04- 2021-06).]

WE'LL NOW MOVE ON TO ITEM NUMBER 12.

LET ME FIND THAT SO I CAN READ IT.

12. OKAY.

YEAH, NUMBER 12. THAT IS THE ONE I HAVE THE MOST PUBLIC COMMENT ON. WE'LL CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE RELATING TO THE USE AND THE DEVELOPMENT OF THE PROPERTY LOCATED AT LOT 12R, MISSION HILL, PHASE ONE, AND 3.5 ACRES. LOCATED AT 2041 MCALPIN ROAD IN AGRICULTURAL DISTRICT GRANTING SPECIFIC USE PERMIT FOR ANIMAL CANINE TRAINING FACILITY AND ADOPTING DEVELOPMENT CONDITIONS. ALL RIGHT.

THANK YOU. >> MARCOS: THANK YOU, CHAIRMAN. THIS IS ROUGHLY FIVE ACRES.

THE PROPERTY IS LOCATED OFF MCALPIN ROAD NEAR SWEETWATER DRIVE AND ZONED AGRICULTURAL. THE PROPOSED ANIMAL TRAINING USE WILL BE LIMITED TO SIX DOGS ONLY DURING A TRAINING SESSION.

APPLICATION STATED THAT THE TRAINING INVOLVES TEACHING SCENT DETECTION FOR COMPETITION AND FOR PROFESSIONAL PURPOSES.

WITH THE OWNERS PRESENT AT ALL TIME.

TRAINING WILL OCCUR AT THE REAR OF THE PROPERTY INDOORS AND OUTDOORS. BOTH AREAS ARE IDENTIFIED ON THE SCREEN AS THE OUTDOOR TRAINING AREA.

AND THE INDOOR TRAINING AREA. THE INDOOR TRAINING AREA WILL OCCUR INSIDE A METAL BUILDING. AN EXISTING METAL BUILDING THAT MEASURES 2,000 SQUARE FEET. THE STRUCTURE IS ALSO APPROXIMATELY 230 FEET FROM THE CLOSEST RESIDENTIAL HOME.

ONLY SIX ANIMALS WILL BE TRAINED AT ANY ONE TIME, THE MAXIMUM NUMBER OF VEHICLES THAT WOULD BE VISITING THE PROPERTY WOULD BE SIX. SIX IMPROVED PARKING SPACES.

THE APPLICANT WILL BE ASKING FOR ASPHALT IMPROVEMENTS.

WILL BE PROVIDE AND LOCATED BEHIND THE FENCE.

THE ENTIRE PROPERTY, LET ME BACK UP HERE, THE ENTIRE PROPERTY COMPLETELY FENCED WITH A NON-OPAQUE FENCE.

MORE OF A PIPE HORSE TYPE OF FENCE.

BUT THERE IS AN EXISTING PRIVACY WOOD FENCE NEAR THE RESIDENTIAL HOME. YOU CAN SEE IT HERE.

IN THIS SLIDE. THE APPLICANT STATED TRAIN WILLING NOT OCCUR EVERY DAY. IT'S ONLY ON OCCASION.

THERE IS NO PROPOSED SIGNAGE. WE DID SEND OUT 19 LETTERS TO

[00:50:04]

PROPERTY OWNERS WITHIN 200 FEET. TO DATE, THE STAFF RECEIVED NO LETTERS FROM THE SURROUNDING PROPERTY OWNERS.

WE DID RECEIVE MULTIPLE LETTERS IN SUPPORT THAT DO FALL OUTSIDE OF THAT 200-FOOT BUFFER. GIVEN THE LOCATION IS ON FIVE ACRES, ANIMAL WOULD WILL LIMITED TO SIX.

AND THE DISTANCE OF THE TRAINING FROM EXISTING RESIDENTIAL HOMES WE DO FEEL THE IMPACT WILL BE MINIMAL.

THE STAFF DOES RECOMMEND APPROVAL FOR THE PROPOSED S.U.P.

I CAN STAND FOR QUESTIONS. >> MEMBER ALTMAN: ANY QUESTIONS FOR STAFF? ALL RIGHT.

THANK YOU. IS THE APPLICANT HERE? WOULD THE APPLICANT LIKE TO PRESENT? YES, MA'AM. WOULD YOU COME FORWARD?

TELL US ABOUT YOUR APPLICATION. >> PUBLIC SPEAKER: YES.

THANK YOU FOR HEARING ME. I'M CAROLINE OLDHAM.

WE MOVED TO MIDLOTHIAN ALMOST A MONTH AGO FROM MANSFIELD.

WE MOVED HERE TO STRETCH OUR LEGS.

WE HAVE BEEN LOOKING FOR PROPERTY FOR 16 YEARS.

THIS WAS PERFECT. WE WERE ON THE PROPERTY TEN MINUTES AND WE KNEW IT WAS FOR US.

I HAVE BEEN TRAINING AND COMPETING WITH DOGS SINCE 2004.

COMPETITIVE OBEDIENCE AND IN SCENT WORK.

SCENT WORK, IF YOU DON'T KNOW MIMICS THE PROFESSIONAL CANINE PROFESSION. SO IF YOU LOOK AT DOGS IN GENERAL, YOU HAVE GOT PET DOGS, WHICH CAN BE ANYTHING FROM A LAP DOG TO A DOG CHAINED UP IN THE BACKYARD WITH NOTHING TO DO.

AND ALL THOSE IN BETWEEN. DOGS JUST HANG OUT WITH HUMANS.

TO THE PROFESSIONALS WHO CAN BE OWNED BY AGENCIES OR COMPANIES, OR INDIVIDUALS LIKE ME THAT DONOR COTTICS DETECTION, SEARCH AND RESCUE, EXPLOSIVE DETECTION, WORK AT AIRPORTS ALL OF THOSE THINGS, COOL THINGS WE SEE DOGS DO.

BUT THERE IS A HYBRID IN BETWEEN.

THAT IS WHAT I OWN. THAT IS WHAT I TEACH.

THAT HYBRID IS A QUASI PROFESSIONAL.

AND WE USE THE SAME TECHNIQUES THAT THE PROFESSIONALS USE TO IMPRINT DOGS ON CIVILIAN ODOR. THOSE ARE ESSENTIAL OILS.

I ALSO WORK WITH DAVID BULL WHO IS OUR ASSISTANT FIRE CHIEF.

I TRAIN HIS ACCELERANT DOG. HIS UP AND COMING ACCELERANT DOG. SO I USE METHODS THAT THE PROFESSIONALS USE TO TEACH PET DOGS, OR QUASI PROFESSIONALS.

AND I THINK I WOULD MAKE A GOOD ADDITION, ALONG WITH THE OTHER TRAINERS THAT ARE IN MIDLOTHIAN TO THE AREA TO CONTRIBUTE TO THE WELL-BEING NOT ONLY OF DOGS, BECAUSE I KNOW AND YOU MAY KNOW THAT THE HAPPIEST AND THE LEAST DESTRUCTIVE DOGS ARE THE DOGS WITH JOBS. WE WEAR OUR DOGS OUT ON A DAILY BASIS. THEY DON'T DIG OUT.

THEY DON'T RUN AWAY. THEY DON'T TEAR UP.

AND THEY DON'T OVERBARK. OR CAUSE A COMMOTION BECAUSE THEY'RE EXHAUSTED. WE LOVE THAT.

THIS HAS BEEN MY PASSION. ONCE MY KIDS LEFT HOME.

I HAVE A CHILD IN THE AIR FORCE. AND TWO OTHER GIRLS.

I WAS ABLE TO POUR MYSELF IN TO THIS FULL-TIME.

AND I KNOW I WAS MADE FOR THIS. I HAVE A WAIT LIST A MILE LONG OF PEOPLE TRYING TO GET IN TO MY CLASSES.

NOT ALL OF MY TEACHING HAPPENS AT THE RESIDENCE OR WOULD HAPPEN AT THE RESIDENCE OF THE TO DO THIS JOB EFFECTIVELY EXPOSURE IS THE NAME OF THE GAME. SO WE GO TO HOME DEPOT.

WE GO TO TRACTOR SUPPLY. WE GO TO STORAGE UNITS.

WE GO ALL OVER THE PLACE. BECAUSE THE DOG HAS GOT TO BE ABLE TO PERFORM THE JOB ANYWHERE.

UNDER ANY KIND OF DISTRACTION. KIDS PLAYING, PEOPLE TALKING, VISUAL DISTRACTIONS, AUDIBLE DISTRACTIONS.

THAT KIND OF THING. SO WHAT WOULD HAPPEN AT ANY PROPERTY IS THE BEGINNING OF ALL OF THAT.

THEN THOSE PEOPLE ARE TRAINED OFF THE PROPERTY.

BUT, YOU DON'T HAVE TO WORRY ABOUT NOISE.

THIS IS A QUIET SPORT. IT'S NOT LIKE JUMPING OFF A DOCK. OR RUNNING TO CHASE PLASTIC BAG OR ANY OF THE OTHER DOG SPORTS WHERE THERE IS A LOT OF HIGH-ENERGY BARKING. THIS IS A QUIET SPORT.

WHERE THEY GO AROUND AND THEY SNIFF.

AND THEN THEY LET THE HANDLER KNOW WHAT THEY FOUND BY A SCENT OR SOME KIND OF AN ALERT THAT IS NOT BARKING.

AS FAR AS MESS GOES, IT'S CUSTOMARY FOR OUR SPORT.

WE PICK UP POOP IN A POOP BAG. WE DISPOSE IT IN A SEALED CONTAINER. SO THIS IS MY HOME.

I PLAN ON TREATING IT THAT WAY. IT WON'T SMELL.

[00:55:02]

I'LL RESPECT MY NEIGHBORS. DO YOU HAVE ANY QUESTIONS FOR

ME? >> MEMBER ALTMAN: ANY

QUESTIONS FOR THE APPLICANT? >> I HAVE A QUICK QUESTION.

SO THIS WOULD BE LIKE A DAILY THING?

>> NOT DAILY. >> MEMBER ALTMAN: NOT BOARDING

OR WEEK LONG? >> IT'S NOT BOARDING.

I'M NOT INTE INTERESTED IN THATT ALL.

MAINLY BECAUSE OF MY OWN SCHEDULE OF COMPETITION.

I'M GONE MOST WEEKENDS. COMPETING IN DIFFERENT STATES AND DIFFERENT CITIES. I WAS JUST IN, I JUST WENT TO THTHE CANINE OLYMPICS OVER THE WEEKEND.

I HAVE NO IDEA TO BOARD THE DOG. >> THEY GIVE THE DOG TO YOU?

>> A LOT OF THE SESSION ARE ONE-ON-ONE.

PEOPLE PAY A LOT OF MONEY FOR PRIVATES.

THAT IS WHAT THEY WANT. THEY WANT MY ATTENTION ONE-ON-1.

SO THE MOST I CAN EVER HANDLE IN AN HOUR IS SIX TEAMS. A TEAM BEING A CANINE CANDLEER AND A CANINE -- HANDLER AND A CANINE. I LOVE ONE-ON-ONE SESSION BECAUSE THAT IS WHERE MOST WORK GETS DONE.

MOST TIME YOU SEE ONE CAR BEHIND MY FENCE.

SOMETIMES YOU WILL SEE UP TO SIX CARS BEHIND MY FENCE.

>> OKAY. >> MEMBER ALTMAN: ANY OTHER QUESTIONS? ALL RIGHT.

THANK YOU, MA'AM. >> ONE THING WE WOULD LIKE TO ADD. I DREW A MAP.

MARCOS TALKED ABOUT ASPHALT. WANT ME TO BRING IT TO YOU?

>> MEMBER ALTMAN: SURE. PASS IT AROUND.

>> SO HERE IS WHAT I WANT TO TALK ABOUT.

THIS IS THE HOUSE. THIS IS THE BARN.

THIS IS EXISTING CONCRETE. WE'D LIKE TO GO ASPHALT HERE.

ASPHALT HERE. FOR PARKING SPACES.

WE WANT TO ASK FOR A HIGHER END GRAVEL HERE.

>> MEMBER ALTMAN: SO YOU ARE HAVING FOR A VARIANCE TO ALLOW

FOR GRAVEL? >> YES, SIR.

>> MEMBER ALTMAN: TAKE A LOOK AT THAT TO SEE IF THE VARIANCE IF WE WANT TO APPROVE THAT. THANK YOU.

WHILE EVERYONE IS LOOKING AT THAT.

THANK YOU. >> PUBLIC SPEAKER: THANK YOU.

>> MEMBER ALTMAN: I'LL CALL THE OTHER FOLKS UP.

WE HAVE A NUMBER OF THE LETTERS. LET ME -- WE'LL GO AHEAD AND DO SPEAKERS FIRST. THEN WE CAN -- GERALYN CALDWELL.

JUST COME UP AND STATE YOUR ADDRESS AND YOUR NAME.

>> PUBLIC SPEAKER: OKAY. >> MEMBER ALTMAN: RI REGISTERED

IN SUPPORT. >> PUBLIC SPEAKER: HI.

I'M GERALYN. I USED TO RESIDE AT MCALPIN ROAD, I HAD COWS AND GOATS AND CHICKENS AND RABBITS AND DUCKS AND ANY OTHER ANIMAL YOU CAN THINK OF, I HAD IT THERE.

I NEVER HAD A PROBLEM WITH ANYBODY SAYING THAT THERE WAS ANY KIND OF SMELL OR ANY OF THAT.

AS LONG AS WE TOOK CARE OF EVERYTHING AND WE PUT IT AWAY AND EVERYBODY I HAD A MANURE PILE.

SO I HAVE BEEN THERE 16 YEARS. I JUST MOVED OUT LAST MONTH AND NOW I'M AT MOUNT ZION. I WOULD FIGURE SOMETHING LIKE THIS, ESPECIALLY THAT IT IS BENEFITING FOR WHAT SHE IS TRYING TO PRODUCE HERE. SHE IS DOING A NICE THING FOR THE COMMUNITY. ANYWAY, THANK YOU.

>> MEMBER ALTMAN: ALL RIGHT. THANK YOU, GERALYN.

THE NEXT PERSON SIGNED UP FOR JOHN TABBACK?

WOULD YOU LIKE TO SPEAK? >> PUBLIC SPEAKER: YES.

>> MEMBER ALTMAN: OKAY. >> PUBLIC SPEAKER: JOHN TABBACK, 2211 MCALPIN. I'M THAT ONE TO THE -- WHAT IS THAT? RIGHT THERE.

RIGHT HERE. IN THE PAST, THE RESIDENTS WE TALKED ABOUT PRIOR TO HER PURCHASE THERE WERE NUMEROUS CATTLE ON THERE. TO THE POINT WHERE THERE IS OFFENSE THAT GOES DOWN. MY PROPERTY MAKES AN "L" THERE AND THEN GOES BACK. THEY WERE PRETTY DESTRUCTIVE.

BUT IN RELATIONSHIP TO WHAT SHE IS TRYING TO ACCOMPLISH, I DON'T THINK THAT ANYTHING THAT SHE IS TRYING TO DO WOULD HAVE ANY IMPACT ON ANYBODY THAT LIVES ON EITHER SIDE OF HER OR FOUR OR FIVE HOUSES DOWN ON EITHER SIDE. IF THERE WOULD HAVE BEEN A PROBLEM IT WOULD HAVE BEEN THE GENTLEMAN THAT HAD THE PROPERTY PRIOR TO HER. WHO HAD NUMEROUS CATTLE ON

[01:00:02]

THERE. I THINK HE EXCEEDED THE LIMIT HE WAS ALLOWED TO HAVE. IT DIDN'T PRESENT A PROBLEM WITH ME. WE HAVE SINCE RECTIFIED THE PROBLEM. ONE BY HIM LEAVING.

TWO, BY THEM REPAIRING THE FENCE.

THE THING THAT I WOULD LIKE TO SAY IS WHAT SHE IS TRYING TO ACCOMPLISH RIGHT HERE CAN IMPACT EACH OF YOUR LIVES.

WHAT I MEAN BY THAT. I WORKED FOR THE FIRE DEPARTMENT FOR 35 YEARS. URBAN SEARCH AND RESCUE.

WHEN YOU BRING A DOG IN WHO IS QUALIFIED TO SEARCH, IT COULD BE YOUR SON, YOUR DAUGHTER, RELATIVE, SEARCHING THROUGH THE RUBBLE TO TRY TO FIND YOUR LOVED ONE.

THAT IS BASICALLY WHAT SHE HAS GOT IN HER BAG OF TRICKS.

SHE CAN PRETTY MUCH DO IT ALL. I HAVE OLOG A DOG THAT IS COMPETITIVE. SHE REFERENCED DOGS THAT ARE DOCK DIVERS. MY DOCK IS.

HE IS DIVES OFF THE -- SHE DRIVES OFF THE DOCK.

11TH RECOGNIZED DOG IN THE NATION.

WE TAKE PRIDE IN OUR DOGS. WE SPEND A LOT OF TIME WITH THEM. EVERYTHING SHE SAID ABOUT THEM TIRING THEM OUT, BELIEVE ME MY DOG WANT THE NATIONALS IN HOUSTON. SHE WON 60.5 YARDS ON THE FLY.

AND CAUGHT IT. AT THE THE END OF THE DAY SHE WAS DONE. SHE WANTED TO SLEEP.

THAT IS ALL SHE WANTED TO DO. GENTLEMEN, I'M SAYING WHAT SHE IS TRYING TO DO WILL BEEN IF IT EVERYBODY.

NOT JUST HERSELF FROM A FINANCIAL ASPECT BUT WHAT SHE IS

DOING IS THE RIGHT THING. >> MEMBER ALTMAN: THANK YOU, APPRECIATE IT. NICOLE LATERIO.

DID YOU WANT TO SPEAK? OKAY.

YES. >> PUBLIC SPEAKER: I'M NICOLE.

I LIVE AT 1771 WINSLET DRIVE. I MOVED HERE IN 2016 FROM CHICAGO. SO BIG CHANGE.

12TH FLOOR, 28, TO ACRE AND A HALF.

I MOVED HERE, NO FAMILY AND NO FRIENDS.

I LOOKED IN THE COMMUNITY WHERE CAN I CONNECT? I WAS BLESSED TO FIND CAROLYN. I GOT MY DOG WITH THE HOUSE.

DOBERMAN. A BREED I NEVER WANTED.

AND A SHEPHERD MIX, ANOTHER BREED I NEVER WANTED.

I HAD TO FIGURE OUT HOW TO WORK WITH THE DOG.

I'M BLESSED WITH THE MIND OF A DOG THAT IS VERY METHODICAL IN HER WORK. SHE MORE OF A BASEBALL THINK OF IT IF YOU THINK OF HIT THE WAY IN THE WAY SHE ATTACKS LIFE.

I CAN SAY THAT THE SPORT THAT CAROLYN IS TRYING TO PROPOSE TO YOU IS SIMILAR TO THAT OF YOU GOING GOLFING.

AFTER A LONG DAY AT WORK, YOU NEED TO UNWIND AND FIGURE OUT AND DO SOMETHING ENJOYABLE. THAT IS WHAT THIS IS.

MY HUSBAND HAS NEVER TAKEN INTEREST IN OUR DOGS BEFORE.

IT'S BEEN MY RESPONSIBILITY. LIKE OUR FUR CHILD OR WHATEVER.

BUT HE WILL TAKE OUR DOG NOW AND SAY YOU KNOW WHAT? I'M TRYING TO WATCH FOOTBALL. GO GET THAT SCENT BOX THING.

HE WILL HIDE IT FOR ME AND I WILL GO FURTHER AND BURN MY DOG'S ENERGY OUT. IT BRINGS THE FAMILY TOGETHER.

IT DOESN'T JUST BRING THE DOG HANDLER AND THE DOG TOGETHER.

IT BRINGS A FAMILY TOGETHER. ALSO AS WE SAID IT WEARS THE DOG OUT. EVERY TIME THAT I HAVE BEEN WITH CAROLYN SHE IS VERY, VERY AWARE OF DETAILS OF KEEPING EVERYTHING TIDY AND CLEAN. THE DOGS ARE SO TIRED OUT WHEN THEY WORK TOGETHER. THEY SHIP UP AND WATCH EACH OTHER. THEY WANT TO FIGURE OUT WHERE THE PRIZE IS AT. THEY WILL USE EACH OTHER'S HINTS AND TAKE IT OUT WHEN THEY GO IN THE FIELD TO LOOK.

IT'S CONCERNS OF THE NOISE, I WOULD NOT BE WORRIED ABOUT THAT.

YOU ARE WORKING ABOUT THE GOLFING DOGS.

THE NAME OF THE GAME IS SHUT UP AND TAKE SOME CUES, RIGHT? THAT IS WHAT THE DOGS ARE LIKE. IT'S AN EXCELLENT SPORT.

A GREAT VALUE TO THE COMMUNITY FOR SEARCH AND RESCUE IF WE ARE ABLE TO DO THAT. FOR THOSE WHO JUST HAVE A PET THEY WORK WITH, IT'S A BLESSING TO CONNECT TO THE COMMUNITY.

MIDLOTHIAN WANTS TO SAY MORE OF THE AGRICULTURAL COMMUNITY.

THIS IS SOMETHING THAT PEOPLE CAN STILL DO BEING OUTSIDE AND

STILL CONNECT TOGETHER. >> MEMBER ALTMAN: THANK YOU

VERY MUCH. >> PUBLIC SPEAKER: THANK YOU.

>> MEMBER ALTMAN: I'M GOING TO BRIEFLY SUM MAR THE LETTERS AND READ -- SUMMARIZE THE LETTERS. GILBERT GARCIA REGISTERED IN OPPOSITION. BUT THEN CONTACTED THE CITY AND ASKED THAT IT BE REDACTED. WE HAVE LETTER FROM A FORMER PERSON MEGAN CHILDERS AT NAP SISTER SELF-STORAGE AT 100 NEW PATTERSON ROAD IN MANSFIELD, TEXAS, WHO SAID THAT MS. OLDHAM FORMERLY USED HER PROPERTY AND DID A WONDERFUL JOB.

THERE WERE NO MESSES OR BARKING. SIMILAR LETTER FROM VICTORIA SEVERENS 2613 SYLAN GLEN IN BURLESON, TEXAS, WHO ALSO USED

[01:05:07]

THE PROPERTY FOR CAROLYN CLASSES AND SPOKE HIGHLY OF HER.

THEN WE HAVE A RICHARD BURT AT TRINITY BANK.

THE CHIEF OPERATING OFFICER WHO HAD HIS DOGS TRAINED THERE AND SPEAKS HIGHLY. VICTOR BORAJ OF THE TACTICAL CANINE INVESTIGATION. AND KAREN A. SHIVERS, TEXAS CANINE TRAINING ACADEMY TO RECOGNIZE THEY WILL BE GOOD NEIGHBORS. AND CARROLL FORD HAD A DOG THERE ALSO TRAINED. AND SPEAKS POSITIVELY.

SO THOSE ARE ALL IN SUPPORT OF THIS.

THEY WILL BE PART OF THE RECORD. IF ANYONE WANTS TO READ THOSE IN FULL. I WILL ASK IS THERE ANYONE ELSE WHO WANTS TO SPEAK? WOULD YOU LIKE TO APPROACH?

HAVE YOU FILLED OUT A FORM? >> PUBLIC SPEAKER: NOT YET.

>> MEMBER ALTMAN: AFTER YOU ARE DONE IF YOU WILL FILL OUT A FORM, THAT WOULD BE GREAT. THANK YOU.

>> PUBLIC SPEAKER: I'M PATTY NELSON.

I RESIDE 3630 LEARIN IN MIDLOTHIAN.

I HAVE KNOWN CAROLYN FOR A YEAR. I'M ONE OF HER STUDENTS.

I JUST WANT TO APPROACH AS A LONG-TIME TRAINER OF DOGS.

SINCE 1972. I HAVE BEEN AN INSTRUCTOR MYSELF SINCE 1979. SO, I'M FAMILIAR WITH INSTRUCTING AS WELL AS BEING A STUDENT.

I WILL SAY THAT SHE HAS ONE OF THE MOST THOROUGH INSTRUCTORS THAT I HAVE EVER KNOWN. SHE IS VERY THOROUGH.

SHE IS VERY CLEAN. SHE IS VERY STRICT.

SHE IS VERY CONSCIENTIOUS. SHE WILL MAKE SURE THAT EVERYTHING IS DONE CORRECTLY AT HER HOME.

JUST AS SHE HAS AT EVERY FACILITY WE HAVE BEEN AT.

I HAVE BEEN WITH HER FOR A YEAR NOW.

I HAVE NO DOUBT THAT EVERYTHING WILL BE DONE CORRECTLY AT HER HOME WITH THE DOGS THAT AND THE HANDLERS THAT SHE HAS AT HER HOMESITE. SO I HAVE NO DOUBTS THAT Y'ALL WILL BE VERY HAPPY WITH HER. AND THAT SHE WILL BE A GREAT CONTRIBUTION TO MIDLOTHIAN, TO THE CITIZENS HERE.

AND TO THE DOGS. AND THE PEOPLE.

>> MEMBER ALTMAN: OKAY. >> PUBLIC SPEAKER: THANK YOU.

>> MEMBER ALTMAN: THANK YOU VERY MUCH, MA'AM.

ANYONE ELSE THAT WOULD LIKE TO SPEAK THAT HAS NOT BEEN RECOGNIZED? I SEE ONE MORE HAND.

HAVE YOU FILLED OUT A FORM? >> PUBLIC SPEAKER: I HAVEN'T.

>> MEMBER ALTMAN: MA'AM, GRAB THE FORM BEFORE YOU LEAVE AND FILL IT OUT. IN THE BACK THERE.

>> PUBLIC SPEAKER: I WASN'T PREPARED TO SPEAK.

CAROLINE IS A FRIEND OF MY DAUGHTERS.

SHE IS 17 YEARS OLD. SHE HAS GOTTEN IN TO THIS DOG TRAINING OF ALL DIFFERENT KINDS. SHE SHOWS DOGS, TRAINS DOGS AND IT'S HER PASSION. I THINK FOR ME, IF I LIVE AROUND HERE WHAT WOULD BE MY CONCERNS IS THE TRAFFIC AND WHAT AM I GOING TO DEAL WITH AS A NEIGHBOR? THE LAST PROBABLY SIX OR SERVE YEARS THAT MY DAUGHTER HAS BEEN IN THIS SPORT, I HAVE TAKEN HER TO AT LEAST TWO OR THREE OTHER LOCATIONS IN THE CITY OF MIDLOTHIAN.

AT RESIDENCE WITH A METAL BUILDING IN THE BACK.

I CAN TELL YOU, IT'S QUIET, CALM, THERE IS NO PROBLEMS. I PULLED UP AND DROPPED HER OFF, LEFT HER FOR AN HOUR AND COME BACK TO PICK HER UP. SOMETIMES I'VE EVERYONE SAT OUT IN THE CAR. I'M NOT A DOG PERSON.

I DON'T KNOW WHERE SHE GETS IT. BUT SHE LOVES IT.

FOR ME, WHAT SHE IS WANTING TO DO AT THIS PLACE WOULD NEVER BE A PROBLEM. I WOULD LIVE NEXT DOOR AND I WOULD HAVEN'T A PROBLEM WITH IT AT ALL.

>> MEMBER ALTMAN: DID YOU TELL US YOUR NAME?

>> PUBLIC SPEAKER: TERRY MOORE, 1370 SUMMERBROOK LANE MIDLOTHIAN. OTHER SIDE OF 287.

IF SHE MOVED NEXT DOOR TO ME, I WOULD WELCOME IT.

>> MEMBER ALTMAN: THAT IS FINE.

IF YOU FILL OUT A CITIZEN PARTICIPATION FORM BEFORE YOU GO, THAT WOULD BE OUTSTANDING. ANYONE ELSE WHO WOULD LIKE TO SPEAK? ALL RIGHT.

SEEING NONE I WILL MAKE A MOTION TO CLOSE PUBLIC HEARING.

SECOND? >> TEXAS.

>> MEMBER ALTMAN: SECOND BY COMMISSIONER BATEMAN.

CALL THE ROLL. ALTMAN, AYE.

>> MEMBER HILL: AYE. >> MEMBER ALTMAN: COMMISSIONER

OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: IT'S CLOSED BY 6-0.

ANY DISCUSSION, MOTION, COMMENTS?

>> YES. AS A PROUD MEMBER OF THE MIDLOTHIAN LIONS CLUB, I'D LIKE TO THANK YOU FOR MUCH FOR WHAT YOU DO. LIONS CLUB ASSISTS WITH SEEING EYE DOGS. WE HAVE A TRAINING FACILITY CLOSE TO THE AIRPORT. I HAVE A BROTHER-IN-LAW THAT HAS 5% SIGHT IN ONE EYE. NONE IN THE OTHER.

IF IT WASN'T FOR THE DOGS, THAT MAN WOULD BE LOST.

I ASSURE YOU. I SUPPORT YOU.

I'M VERY PROUD TO HAVE YOU HERE IN OUR TOWN.

[01:10:05]

THANK YOU. >> MEMBER ALTMAN: ANY MOTIONS?

>> SO MADE TO APPROVE. >> MEMBER ALTMAN: WE HAVE A MOTION TO APPROVE. COMMISSIONER BATEMAN, IS THAT GRANTING THE VARIANCE FOR THE CONSTRUCTION AS PRESENTED IN THE

APPLICANT'S PLAN? >> YES.

>> MEMBER ALTMAN: OKAY. MOTION TO APPROVE.

ALSO TO GRANT A VARIANCE TO THE SURFACE REQUIREMENTS FOR THE DRIVEWAY TO THE BACK FACILITY. DO I HAVE A SECOND?

>> I'LL SECOND. >> MEMBER ALTMAN: SECOND BY COMMISSIONER HILL. I WILL CALL IT TO VOTE.

UNLESS THERE IS FURTHER DISCUSSION? HEARING NONE. ALTMAN VOTES AYE.

>> MEMBER HILL: AYE. COMMISSIONER OSBORN?

>> MEMBER OSBORN: AYE. >> MEMBER ALTMAN: COMMISSIONER

BATEMAN? >> MEMBER BATEMAN: AYE.

>> MEMBER STEPHENS: AYE. >> MEMBER ALTMAN: CARRIES 6-0.

IT'S APPROVED. THANK YOU.

[005 Consider and act upon a request for a Preliminary Plat of Mockingbird Heights, being ± 33.45 acres out of the Granville Kirk Survey Abstract No. 604, described in Exhibit “A” hereto. The property is located on the south side of Mockingbird Lane, between Pheasant Drive and Abbey Court (approximately 3,000 feet west of Walnut Grove Road) (Case No. PP02-2021-09).]

ALL RIGHT. NOW WE'LL RETURN TO THE ORDINARY COURSE OF THE AGENDA. STARTING WITH AGENDA ITEM NUMBER 5. CONSIDER AND ACT UPON A REQUEST FOR PRELIMINARY PLAT OF MOCKINGBIRD HEIGHTS.

BEING 33.45 ACRES ON THE SOUTHSIDE OF MOCKINGBIRD LANE BETWEEN PHEASANT DRIVE AND ABBEY COURT.

>> TRENTON: THANK YOU. PRELIMINARY PLAT FOR MOCKINGBIRD HEIGHTS. PROPOSED PRELIMINARY PLAT CONSIST OF 33.45 ACRES. IT CONTAINS THE 97 RESIDENTIAL DWELLING LOTS. 11 COMMON AREA LOTS.

PROPERTY RECENTLY REZONED TO PLANNING DEVELOPING DISTRICT 234. SINGLE FAMILY RESIDENTIAL USES.

MOCKINGBIRD LANE LOCATED TO THE NORTH, IT'S ON THIS PICTURE.

IT'S RIGHT HERE AT THE TOP. IT'S TO THE NORTH.

IT'S CONSIDERED A MINOR ARTERIAL THAT REQUIRES THE 90-FOOT RIGHT-OF-WAY. ALL APPROPRIATE RIGHT-OF-WAY DEDICATION HAS BEEN DONE IN ACCORDANCE WITH THE SUBDIVISION REGULATION AND P.D. REGULATIONS. STAFF DOES RECOMMEND APPROVAL AS IT MEETS REQUIREMENT FOR THE PRELIMINARY PLAN.

I CAN ANSWER QUESTIONS. NO PUBLIC HEARING REQUIRED.

>> MEMBER ALTMAN: ANY QUESTIONS FOR STAFF? ALL RIGHT. SEEING NONE, DOES THE APPLICANT HAVE ANYTHING TO ADD? THEY DON'T? NO? OKAY.

ANY MOTIONS? CONCERNS, DEBATE?

>> I'LL MAKE A MOTION TO APPROVE.

>> SECOND THAT. >> MEMBER ALTMAN: I HAVE A SECOND TO BY COMMISSIONER BATEMAN.

NO FURTHER DISCUSSION, CALL IT TO VOTE.

COMMISSIONER ALTMAN AYE. COMMISSIONER KOEHLER?

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> COMMISSIONER OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: ALL RIGHT. THE APPLICATION FOR PRELIMINARY

PLAT APPROVED. >> THANK YOU.

>> MEMBER ALTMAN: ALL RIGHT. NEXT ITEM ON THE AGENDA ITEM 6.

[006 Consider and act upon a request for a Preliminary Plat of Westside Preserve, being 506.6+/- acres out of the John Chamblee Survey, Abstract No. 192, MEP and PRR Survey, Abstract No. 761, Joseph Stewart Survey, Abstract No. 961, and the Cuadrilla Irrigation Company Survey, Abstract No(s). 262 and 1204. The property is generally located south of U.S. Highway 287 and +/- 1400 feet West of U.S. Highway 67 (Case No. PP01-2021-07).]

CONSIDER AND ACT UPON A REQUEST FOR THE PRELIMINARY PLAT OF WESTSIDE PRESERVE BEING 506.6 ACRES.

GENERALLY LOCATED SOUTH OF THE U.S. HIGHWAY 287.

APPROXIMATELY 1400 FEET WEST OF THE U.S. HIGHWAY 67.

>> TRENTON: THANK YOU. THIS PIECE OF THE PROPERTY, PULL UP THE CONCEPT. I APOLOGIZE LOCATED DIRECTLY WEST OF THE U.S. HIGHWAY 67. IT WAS ZONED PLANNED DEVELOPMENT DISTRICT NUMBER 18. THE PROPERTY OWNER WISHING, THEY ARE REQUESTING A PRELIMINARY PLAT OF THE WESTSIDE PRESERVE.

APPROXIMATELY 506.6 ACRES. THIS CONTAINS 800 LOTS THAT CONSIST OF THE 787 RESIDENTIAL DEVELOPING LOTS.

ALSO CONSISTENT FOR THE COMMUNITY RETAIL LOTS AND THE MIXED USE FAMILY AND COMMON AREA LOTS BEING 13 REMAINING LOTS.

THEY ARE REQUESTING THIS BE DONE IN A PHASED PROVISION.

THE SUBDIVISION ORDINANCE. APPLICANT CAN REQUEST PRELIMINARY PLAT TO BE PHASED IF THE PHASING SCHEDULE APPROVED BY THE PLANNING AND ZONING COMMISSION.

THEY ARE REQUESTING PHASE ONE HAVE COMPLETION DATE OF JANUARY 1, 2023. THAT WOULD REQUIRE THEM TO HAVE A FINAL PLAT SUBMITTED, APPROVED, PUBLIC INFRASTRUCTURE ACCEPTED BY THE CITY BY THAT DATE.

WITHIN PHASE ONE THERE IS APPROXIMATELY 271 LOTS.

PHASE TWO, THEY ARE REQUESTING COMPLETION DATE OF JANUARY 1,

[01:15:05]

2024, WHICH CONSISTS OF THE 331 RESIDENTIAL LOTS.

PHASE THREE, GENERAL 1, 2025. 185 LOTS.

PHASE FOUR JANUARY 1, 2026, DOES NOT CONSIST OF THE SINGLE FAMILY RESIDENTIAL DWELLING LOTS. IT'S COMMUNITY RETAIL, MIXED USE AND THE MULTIFAMILY LOTS. THAT WOULD BE AGAIN, THAT IS JANUARY 1, 2026. THE THIRD PLAN IS WEATHERFORD ROAD AND WARD ROAD. AS PROPOSED, MINOR ARTERIAL REQUIRING THE RIGHT-OF-WAY DEDICATION OF 990 FEET.

THEY SHOW THAT IN THE PRELIMINARY PLAT.

THE TWO REQUIRED ROADS ARE WITHIN THIS DOCUMENT AND THEY HAVE PROPER RIGHT-OF-WAY DEDICATION.

SUBJECT PROPERTY WILL HAVE THE TWO DIRECT ACCESS POINTS.

TO THE U.S. HIGHWAY 287. ON THE NORTH END.

THEY WILL HAVE MULTIPLE ACCESS POINTS ON OLD FORT WORTH ROAD ON THE SOUTH PORTION OF THE PROPERTY.

DETAIL TRAFFIC IMPACT ANALYSIS REQUIRE IN THE CIVIL ENGINEERING PHASE OF THE DEVELOPMENT. PRIOR TO A FINAL PLAT BEING APPROVED AND RECORDED. ONCE AGAIN, PREVIOUSLY MENTIONED ALL REQUIRED RIGHT-OF-WAY DEDICATION IS PROPERLY DEDICATED AND SHOWN ON THE PRELIMINARY PLAT.

THEY MEAN ALL THE MEANS OF THE INGRESS, EGRESS FOR FIRE CODE AND NUMBER OF LOTS. IT DOES MEET ALL THE MINIMUM REQUIREMENTS FOR PRELIMINARY PLAT AND THE STAFF DOES RECOMMEND APPROVAL. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> DO WE HAVE ANY QUESTIONS FOR STAFF? OR THE APPLICANT?

>> I HAD ONE. THE TWO ROADS THAT COME OUT ON

287. >> TRENTON: WEATHERFORD ROAD AND WARD ROAD. TURN TO PAGE 24 OF YOUR PACKET, YOU WILL SEE OVERALL CONCEPT PLAN.

WEATHERFORD, IT'S KNOWN AS MILLER ROAD.

LOCATED ON THE WESTERN PORTION. THAT INTERSECTS LOT OF THE SINGLE-FAMILY RESIDENTIAL DWELLING.

IT GOES OLD FORT WORTH TO 287. AND IT'S IN THE THOROUGHFARE PLAN. WARD IS TO THE EASTERN WHICH SUBDIVIDES AND SPLITS UP THE SINGLE FAMILY RESIDENTIAL FROM THE REST OF THE PLANNED DEVELOPMENT.

THAT IS NOT PLATTED AS PART OF THE PROJECT.

>> OKAY. MY QUESTION WAS GOING TO BE

WHERE DO THEY COME OUT ON 287? >> TRENTON: WHERE

APPROXIMATELY? >> IS THERE PLANS FOR THE ROADS TO BE ON THE OTHER SIDE? IS THAT ULTIMATELY AN INTERSECTION THERE OR IS THIS JUST GOING TO EMPTY OUT ON ONE

SIDE? >> TRENTON: RIGHT NOW THAT IS WHAT THE T.I.A. IS REQUIRED FOR. THE TRAFFIC IMPACT ANALYSIS BEFORE THE FINAL PLAT. ONE OF OUR CONCERNS AND THE APPLICANT HAD THE SAME CONCERN WHEN WE TALKED TO THEIR ENGINEERS MULTIPLE TIMES ABOUT THIS.

YOU WILL HEAR THE SAME CONVERSATION WITH THE NEXT PRELIMINARY PLAT BEFORE YOU. IT SHOWS IN THE PHASING PLAN IF YOU LOOK AT THE PAGE, THE NEXT PAGE 25, THE PHASING PLAN.

IT DOES SHOW PROPOSED ACCESS ROADS ALONG 287.

AS PHASES ARE DEVELOPED. HOWEVER, WHAT WE ARE TRYING TO FIGURE OUT NOW IN THE T.U.A. WILL HELP BETTER ASSIST THIS IS HOW DO WE GO AHEAD AND DO THAT? HOW DO WE HAVE THE ACCESS ROAD MAKE SURE IT'S SAFE? WHEN THEY COME OUT.

RIGHT NOW HOW IT'S DRAWN AND HOW IT IS DESIGN AND HOW THE ORIGINAL CONCEPT PLAN APPROVED WITH THE PD-18 SHOWED HAVING THE DIRECT ACCESS POINTS DIRECTLY TO THE 287.

THAT WILL BE ADDRESSED PRIOR TO FINAL PLAT.

>> OKAY. >> MEMBER ALTMAN: OTHER QUESTIONS? MOTION?

>> YES, SIR. I HAVE A COMMENT.

I HAVE THE SAME ISSUE WITH THIS PARTICULAR SUBDIVISION AS I DO MANY OTHERS THAT HAVE COME BEFORE US.

THAT IS THE FRONT-SIDE YARDS. I DON'T THINK IT'S WHAT WE WANT.

IT'S CERTAINLY NOT WHAT I WANT. TO SEE A PERSON WALK OUT IN THEIR FRONT YARD AND SEE PROTRUDING IN THE FRONT YARD DOWN THE STREET THE BACKYARD SO SOMEBODY ELSE'S RESIDENCE.

>> TRENTON: YOU ARE RIGHT. I KNOW THAT WE HAVE SAID THAT IN THE PAST. PD-18, THEY ARE NOT HAVING FOR AMENDMENT TO THE PLANNED DEVELOPMENT ORDINANCE SO WITH THE PLAT WE CAN'T CHANGE REGULATIONS THEY ARE MINIMUM THE MINIMUM REGULATION OF THE P.D. SO RIGHT NOW WHAT THEY PROPOSE IS THE MINIMUM REGULATION OF THE PLANNED DEVELOPMENT OF PD-18.

IF THEY WITHER COME IN AND REQUEST SOMETHING ELSE AND REOPEN THE P.D. THAT COULD BE A TIME TO ADDRESS THAT, IF THEY OPEN UP THAT PORTION OF THE P.D. OUR LEGAL WOULD BE BETTER ABLE TO ANSWER THAT FOR ME. IF I'M INCORRECT.

[01:20:01]

>> THANK YOU, SIR. >> TRENTON: YOU'RE WELCOME.

>> MY QUESTION IS HOW IS MILLER ROAD? DOES IT INTEND TO STAY AS IT IS? IS IT GOING TO BE IMPROVED WITH THIS SUBDIVISION? CAN IT HANDLE ALL THE ADDITIONAL

TRAFFIC? >> PER THE T.I.A. --

>> I'M STATING THAT BASED ON THE QUALITY.

OF THE INTEGRITY OF THE ROAD. >> TRENTON: I CAN ONLY ANSWER WHAT IS WITHIN THE DEVELOPMENT. ROADS WITHIN THIS DEVELOPMENT WILL MEET OUR STANDARDS. MILLER ROAD, BECAUSE OLD FORT WORTH ROAD DIVIDES MILLER ROAD. THE SOUTHERN PORTION.

I'D REFER BACK TO THE ENGINEER. I BELIEVE HE IS HERE.

SORRY, THE MASK MAKE IT HARDER TO SEE.

I HAVE NOT HEARD OF ANYTHING ABOUT IMPROVING MILLER ROAD.

THERE ARE REGULATIONS WITHIN THE P.D. U.S. THAT STATES THAT CERTAIN IMPROVEMENTS HAVE TO BE DONE TO OLD FORT WORTH ROAD AS DEVELOPMENT OCCURS. SO THERE WILL BE IMPROVEMENTS THAT THE CITY HAVE TO DO AND THAT THE DEVELOPMENT HAS TO DO REGARDING THE OLD FORT WORTH ROAD.

>> ONE OF THE ITEMS FOR THE BOND COMMITTEE TO CONSIDER.

DON'T THINK IT'S PUT ON THE BOND PACKAGE BUT IT IS IN THE WORKS TO BE -- OLD FORT WORTH ROAD. NOT MILLER BUT OLD FORT WORTH ROAD. YES.

I THINK THE DENSITY, I THINK NEXT TIME IT WILL COME UP IT WILL KICK IT UP TO FAST TRACK IT.

OTHER QUESTIONS? MOTIONS?

>> MOVE TO APPROVE. >> MEMBER ALTMAN: MOTION TO APPROVE BY COMMISSIONER HILL. I WILL SECOND THAT MOTION.

NO FURTHER DISCUSSION I'LL CALL IT FOR VOTE.

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER OSBORN: AYE. COMMISSIONER BATEMAN?

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: ALL RIGHT. THE MOTION CARRIES.

APPLICATION IS APPROVED 6-0. NEXT ITEM ON THE AGENDA IS

[007 Consider and act upon a request for a Preliminary Plat of Bridgewater, being 576.74± acres out of the W.M. Lick Survey, Abstract No. 620; The John Early Survey, Abstract No. 343; the A.R. Newton Survey, Abstract No. 807; The P.I.C. Survey, Abstract No. 1240; the Z. Heath Survey, Abstract No. 455; the J. Kyser Survey, Abstract No. 597; the I. Cooper Survey, Abstract No. 226; J.H. Witherspoon Survey, Abstract No. 1137; JH Witherspoon Survey Abstract No. 1136; Bf Witherspoon Survey, Abstract No. 1180; J.P. Neill Survey, Abstract No. 1387; J. Powers Survey, Abstract No. 836; and C. Phipps Survey Abstract No. 861. The property is generally located north of U.S. Highway 287, between South Walnut Grove Road and Rex Odom Drive (Case No. PP03-2021-10).]

NUMBER 7. TO CONSIDER AND ACT UPON A PRELIMINARY PLAT OF BRIDGEWATER. BEING 576.74 ACRES.

GENERALLY LOCATED NORTH OF THE U.S. HIGHWAY 287 BETWEEN SOUTH WALNUT GROVE ROAD AND REX ODOM DRIVE.

>> TRENTON: THANK YOU. THEY ARE REQUESTING PRELIMINARY PLAT 576 ACRES OF THE BRIDGEWATER DEVELOPMENT.

IT'S NOT ENCOMPASSING THE ENTIRE DEVELOPMENT.

WITHIN THAT 576 ACRES IT WILL CONTAIN 1,420 LOTS.

BEING COME PRAISED SINGLE-FAMILY RESIDENTIAL LOT AND COMMON AREA LOTS. RECENTLY THE PROPERTY WAS REZONED TO PLANNED DEVELOPMENT DISTRICT 136 THAT YOU WERE ABLE TO LISTEN TO MULTIPLE MEETINGS. PUBLIC WORK DISCUSSED THESE.

THEY ARE ALSO AS I MENTIONED REQUESTING A PHASING SCHEDULE TO BE APPROVED AS PART OF THE PRELIMINARY PLAT.

THEY HAVE BROKEN IT UP TO THE SIX DIFFERENT PHASES.

BEING 1A, 1B, 2A, 2B, 3A, 3B. ALL EXPIRING ON DECEMBER 31.

IN THE SUBSEQUENT YEARS. 1A, 2022.

2023, ALL THE WAY UP TO 2027 FOR EACH PHASE.

BREAKDOWN OF THE LOTS IS ON PAGE 34 OF THE PACKET.

PHASE 1A BEING 324 LOTS. 1B, 133.

2A, 385. 2B, 151.

3A, 291. PHASE 3B, 126.

EQUALING THE 1,420 LOTS. ONE THING I WOULD LIKE TO POINT OUT IF YOU RECALL AS PART OF THE PLANNED DEVELOPMENT THERE WAS A SECTION THAT HAS SOME RESIDENTIAL MORE TOWARD THE NORTH. THAT IS NOT BEING INCLUDED THIS PRELIMINARY PLAT. THEY WILL COME BACK AT A LATER TIME TO DO THAT. THERE IS ALSO SOME, IF YOU SEE THIS AREA, THERE IS AN AREA RIGHT HERE.

RIGHT HERE I MEAN, WHERE THEY ALSO HAD ADDITIONAL SINGLE-FAMILY THAT WAS APPROVED AS PART OF THE P.D.

THAT IS NOT PART OF THIS PRELIMINARY PLAT.

THEY WILL NEED TO COME IN WITH ANOTHER ONE AT ANOTHER DATE.

THE TOWNHOMES ALONG 287, THE TOWNHOMES AND THE NONRESIDENTIAL DEVELOPMENT, COMMERCIAL DISTRICTS ARE ALSO NOT PART OF THE PRELIMINARY PLAT. THIS IS SOLELY THE AREA FOR THE PRELIMINARY PLAT. I WANT TO MAKE SURE IT WAS CLEAR SO WHEN YOU SEE THIS BEING DEVELOPED OR COMING THROUGH, OR IF YOU SEE ANOTHER PRELIMINARY PLAT LATER ON.

F DIFFERENT AREAS THAT IS WHY IT'S GOING TO BE THAT WAY.

THE THIRD PER PLAN DESIGNATES WALNUT GROVE ROAD AS A MAJOR ARTERIAL REQUIRING THE RIGHT-OF-WAY OF DEDICATION OF 120 FEET. AS YOU KNOW, CITY HAS BEEN ACTIVELY IN THE PROCESS FOR QUITE A WHILE NOW.

ON BOND PROJECT, ET CETERA. IT'S WORKING ON THE WALNUT GROVE

[01:25:01]

ROAD ROAD. UPGRADING THAT.

CHANGING IT TO MEET THOROUGHFARE PLAN.

TO ASSIST TRAFFIC IN THE AREA. AS DEVELOPMENT OCCURS THERE IS IMPROVEMENTS MADE AS WELL WITH THE DEVELOPMENT.

THE REQUIRED DEDICATION, THAT IS REQUIRED HAS BEEN FOR THIS SUBJECT FOR ALL RIGHT-OF-WAYS HAS BEEN SHOWN CORRECTLY WITHIN THE PRELIMINARY PLATS. ON THE SOUTHSIDE OF THE PROJECT, ONCE AGAIN, THERE IS DIRECT ACCESS TO THE 287.

GOING TO THE PRESIDENTIAL PARKWAY.

THERE IS GOING TO BE AS PART OF THE DEVELOPMENT, THEY WOULD HAVE LANGUAGE TO DETAIL CONSTRUCTION OF THE SERVICE ROAD ALONG 287.

THERE IS A NOTE ON THE PLAT THAT SPECIFIES THAT THE ACCESS SERVICE ROAD WILL BE REQUIRED TO BE DEVELOPED AS THE DEVELOPMENTT OCCURS WITHIN THE BRIDGEWATER DEVELOPMENT.

THAT IS ONE OF THE BIGGEST CONCERNS WAS ONCE AGAIN THE ACCESS ROADS ALONG 287. WHEN WILL THEY BE CONSTRUCTED AND HOW WILL THEY BE CONS CONSTRUCTED? THAT IS SOMETHING WE CONTINUOUSLY WORK ON WITH THE DEVELOPER AND THAT IS SOMETHING THEY WON'T TO SEE AS WELL.

IT DOES MEET THE MINIMUM REGULATIONS WITHIN THE PLANNING DEVELOPMENT DISTRICT AND SUBDIVISION REGULATION FOR THE PRELIMINARY PLAT. STAFF RECOMMENDS APPROVAL WITH PROPOSED PHASE PLAN. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> MEMBER ALTMAN: ANY

QUESTIONS FOR STAFF? >> ONCE AGAIN, TRENT, THE ONLY ISSUE I HAVE HERE IS FRONT SIDE YARD.

FRONT YARD CONTINUITY THAT IT BRINGS TO THE DEVELOPMENT.

>> TRENTON: OKAY. >> QUICK QUESTION TO REFRESH MY MEMORY. WHAT WAS THE NUMBER OF THE HOMES BUILT TO TRIGGER THE AMENITY CENTER?

>> TRENTON: OFF THE TOP OF MY HEAD --

>> WAS IT 1,000? >> TRENTON: IT DEPENDS ON THE AMENITY. IT'S OFTEN THE NUMBER OF THE

BUILDING PERMITS. >> 450?

>> TRENTON: 450? RIGHT.

THIS PLAT? >> TRENTON: NO.

THAT LOCATION IS INCLUDED. YES, YES.

>> TRYING TO SKIP THROUGH. >> TRENTON: THE AMENITY CENTER IS LOCATED RIGHT HERE. IN PHASE 3A.

>> OKAY. I WANT TO MAKE SURE IT WAS

INCLUDED IN THIS. >> TRENTON: IS SOMETHING WE DID DISCUSS WITH THEM. LETTING THEM KNOW HEY, FOR SOME REASON, THESE LOTS ARE DONE, YOU ARE REQUIRED TO DO THAT AMENITY CENTER EVEN IF THE PRELIMINARY AREA IS NOT.

SO THEY DID ADJUST STREETS, LOTS AND ALL OF THAT TO ADDRESS WHEN THE AMENITY CENTER WOULD BE CONSTRUCTED.

>> THE ENTRYWAYS TO 287 ARE GOING TO COME OUT ON THE SERVICE ROAD, NOT ON TO THE HIGHWAY; IS THAT CORRECT?

>> TRENTON: CORRECT. PART OF THE DEVELOPMENT AGREEMENT THAT I MENTIONED. IT'S WHAT WE ARE, THE -- WE HAVE LANGUAGE IN THERE TO DETAIL CONSTRUCTION OF THE SERVICE ROADS TO PREVENT DIRECT ACCESS TO 287.

>> OKAY. >> MEMBER ALTMAN: ALL RIGHT.

ANY FURTHER QUESTIONS? DISCUSSION?

MOTIONS? >> MOVE TO APPROVE.

>> MEMBER ALTMAN: MOTION BY COMMISSIONER HILL.

I'LL SECOND THAT. AYE.

CALL IT TO A VOTE. ALTMAN, AYE.

>> MEMBER HILL: AYE. >> MEMBER ALTMAN: COMMISSIONER

OSBORN? >> MEMBER OSBORN: AYE

>> MEMBER STEPHENS: AYE. >> MEMBER ALTMAN: IT CARRIES UNANIMOUSLY. THE PRELIMINARY PLAT APPROVED.

[008 Conduct a public hearing and consider and act upon an ordinance changing the zoning of ±.7214 acres of land, being lot 3RR, Roark Addition, City of Midlothian, Ellis County, from Community Retail (CR) District to Commercial (C) District. The property is located at 1507 North U.S. Highway 67 (Case No. Z01-2021-03).]

THANK YOU. THE NEXT ITEM ON NUMBER 8 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT ON ORDINANCE CHANGING THE ZONING OF .72 ACRES.

LOCATED AT 1507U.S. HIGHWAY 67. >> MARCOS: THANK YOU, CHAIRMAN. THE SUBJECT PROPERTY LOCATED OFF OF THE U.S. HIGHWAY 67, NEAR THE INTERSECTION OF EAST RIDGEWAY DRIVE. THE SITE DOES CONTAIN A 3900 SCARE FOOT BUILDING THAT IS, DOES CONTAINED STRIPED PARKING AND DRIVE ACCESS ALREADY. THE APPLICANT DOES PLAN TO OPEN VETERINARY CLINIC AT THIS LOCATION OR ANIMAL HOSPITAL.

BUT CURRENTLY THE VET CLINICS ARE NOT PERMITTED IN A COMMUNITY RETAIL DISTRICT. IF IT'S REZONED TO A COMMERCIAL DISTRICT A VET CLINIC WOULD BE PERMITTED IF AN S.U.P. APPROVED BY THE CITY COUNCIL. THIS CASE FOLLOWING THIS REZONE REQUEST WILL OUTLINE DETAILS OF THE UPCOMING S.U.P.

AS YOU CAN SEE ON THE SCREEN THE SUBJECT AREA COMPLETELY

[01:30:01]

SURROUNDED BY COMMERCIAL DISTRICT.

P.D. THE NORTH IS A CONTRACTOR SHOP.

COMPREHENSIVE PLAN DOES SHOW THAT THE SUBJECT PROPERTY FALLS WITHIN WHAT WE CALL AN URBAN MODULE LOW DENSITY.

THIS MODULE IS CHARACTERIZED BY THE SMALL LOTS.

SINGLE FAMILY AND THE DUPLEX HOMES.

ALTHOUGH THE PLAN DOES STATE THAT THE SMALL SCALE RETAIL OFFICE USE SHOULD BE ENCOURAGED IN THE MODULE.

STUFF FEELS THAT REZONING TO A COMMERCIAL DISTRICT WOULD BE COMPATIBLE WITH THE SURROUNDING USES AND THE EXISTING BUSINESSES THAT ARE ALREADY THERE. TEN LETTER TOES PROPERTY OWNERS WITHIN 200 FEET SENT OUT. STAFF HAS NOT RECEIVED RESPONSES. THEY WOMENS APPROVE OF THE REZONE REQUEST. I CAN STAND FOR QUESTIONS.

>> MEMBER ALTMAN: QUESTIONS FOR STAFF? SEEING NONE WOULD THE APPLICANT LIKE TO -- SORRY.

COMMISSIONER BATEMAN? >> MEMBER BATEMAN: I WAS JUST GOING TO MAKE A MOTION TO CLOSE PUBLIC HEARING.

>> MEMBER ALTMAN: OKAY. IF THERE IS NO ONE THAT WOULD LIKE TO SPEAK. SEEING NONE.

WE'LL GO AHEAD. MOTION TO CLOSE PUBLIC HEARING.

SECOND? >> SECOND.

>> MEMBER ALTMAN: HAVE A SECOND BY OSBORN.

CALL VOTE. COMMISSIONER ALTMAN, AYE.

>> MEMBER HILL: AYE. >> MEMBER ALTMAN: COMMISSIONER

OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: IT'S CLOSED BY 6-0.

ANY MOTIONS? >> MOTION TO APPROVE.

>> MEMBER ALTMAN: MOTION BY COMMISSIONER BATEMAN TO APPROVE.

I WILL SECOND THAT. CALL IT TO VOTE.

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> COMMISSIONER OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: THE APPLICATION IS APPROVED BY 6-0 VOTE. NEXT ITEM ON THE AGENDA ITEM 9

[009 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) to allow for a Veterinary/Small Animal Clinic (no outside pens) and/or animal emergency room relating to the use and development of ±.7214 acres of land, being lot 3RR, Roark Addition, City of Midlothian, Ellis County, and presently zoned Community Retail (CR) District to be used for non-residential uses. The property is located at 1507 North U.S. Highway 67 (Case No. SUP01-2021-02).]

TO THE CONDUCT PUBLIC HEARING AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT TO ALLOW VETERINARY SMALL ANIMAL CLINIC

AT 1507 NORTH U.S. HIGHWAY 67. >> THE APPLICANT ASKING TO ASK FOR THE VET CLINIC AT THIS SITE. THIS IS AN IMAGE OF THE BUILDING TO HOUSE THIS PROPOSED CLINIC. THE PROPERTY IS ALREADY LANDSCAPED AND STRIPEDDED FOR THE PARKING.

STRIPED FOR THE FIRE LANE. PROPOSED USE WILL OPERATE 24 HOURS A DAY, SERVE DAYS A WEEK. OWL HOLIDAYS.

APPLICANT STATED ALL ANIMALS WILL BE CONTAINED WITHIN THE FACILITY AT ALL TIMES. ONLY GOING, YOU KNOW, OUT TO THE FENCED AREAS THAT YOU CAN SEE WHERE MY POINTER IS.

THE FENCED AREAS WOULD BE SUPERVISED WALKS AND THE VISITATION WITH THE OWNERS. THE CLINIC WILL NOT DO ANY TYPE OF -- THEY WILL NOT BOARD ANIMALS.

ONLY ANIMALS THAT ARE UNDER THE HOSPITAL MEDICAL CARE MAY STAY ON THE PROPERTY. ADDITIONALLY, APPLICATION DOES PLAN TO EXPAND . IT WILL MAINTAIN IS T SAME FACADE WHEN IT'S COMPLETED BUT IT TRIGGERS THE NEED FOR TWO ADDITIONAL PARKING SPACES TO MEET THE CITY REQUIREMENT.

THIS SLIDE HERE DOES -- WELL, WE PRETTY MUCH TALKED A ABOUT THE FUTURE LAND USE PLAN. BUT AS YOU DO SEE THIS IS PART OF THE URBAN MODULE. WE CONSIDER THAT THE PLO POSED USE COME PATIBLE WITH THAT URBAN MODULE.

AGAIN, TEN LETTERS SENT OUT TO THE PROPERTY OWNERS IN 200 FEET.

TO DATE WE RECEIVED ZERO RESPONSES.

STAFF RECOMMENDS APPROVAL OF THE S.U.P. SUBJECT TO CONDITION TWO PARKING SPACES BE ADDED TO THE SITE.

WITH THAT I CAN STAND FOR QUESTIONS.

>> MEMBER ALTMAN: ANY QUESTIONS? ANY MEMBER OF THE PUBLIC WISH TO SPEAK ON THIS? OR APPLICANT LIKE TO MAKE AN PRESENTATION?

>> MOVE WE CLOSE PUBLIC HEARING. >> MEMBER ALTMAN: MOTION TO CLOSE PUBLIC HEARING BY BATEMAN. SECOND?

>> SECOND. >> MEMBER ALTMAN: I HAVE A SECOND BY COMMISSIONER KOEHLER. CALL THE VOTE.

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

HILL? >> MEMBER HILL: AYE?

COMMISSIONER OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: THE PUBLIC HEARING IS CLOSED.

WE HAVE A MOTION OR FURTHER DISCUSSION?

>> MOTION FOR APPROVAL. >> MEMBER ALTMAN: MOTION FOR APPROVAL BY COMMISSIONER BATEMAN.

I WILL SECOND THAT. CALL TO THE VOTE.

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER OSBORN: AYE? COMMISSIONER BATEMAN?

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: IT'S APPROVED UNANIMOUSLY 6-0.

THE NEXT ITEM ON THE AGENDA CONDUCT A PUBLIC HEARING AND ACT

[010 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a restaurant (over 1,000 square feet in size), relating to the use and development of ±.079 acres of land located on Lot 10, Block 12, Section 6, Original Town Addition (commonly known as 138 North 8th Street), and presently zoned Central Business District (CBD) (Case No. SUP02-2021-04).]

UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR RESTAURANT.

LOCATED COMMONLY KNOWN AS 138 NORTH 8TH STREET.

[01:35:04]

PRESENTLY ZONED CENTRAL BUSINESS DISTRICT.

>> TRENTON: THANK YOU. PROPOSED REQUEST TO CHANGE TO ALLOW FOR A SPECIFIC USE PERMIT FOR A RESTAURANT.

THE PROPOSED UNIT IS OVER THE 1,000 SQUARE FEET IN THE CENTRAL BUSINESS DISTRICT DOES REQUIRE A SPECIFIC USE PERMIT.

THE PROPOSED RESTAURANT 1940S PIZZERIA TAP HOUSE.

THE PROPOSED S.U.P. WON'T ALLOW FOR THE EXTERIOR OF THE STRUCTURE TO BE EXPANDED OR ALTERED.

THE PHYSICAL ARCHITECTURAL STRUCTURE OF IT.

THEY ARE REQUESTING TO EXPAND OR AMEND THE ARCHITECTURAL STYLE OF IT, IT WOULD BE REQUIRED TO GO BEFORE THE HISTORICAL ADVISORY BOARD AND PLEN TO THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL FOR APPROVAL. THEY WOULD HAVE TO REOPEN THE SPECIFIC USE PERMIT. THEY ARE REQUESTING WITH THE RESTAURANT THAT THE SIGN THAT IS LOCATED ON THE OUTSIDE OF THE BUILDING OF THE RE/MAX BUILDING THIS IS WHERE THE RE/MAX IS LOCATED AT. THAT THE RE/MAX SIGN ON THE FRONT OF THE BUILDING HERE WILL REMAIN FOR RIGHT NOW.

CAN REMAIN ON THIS FRONT. RIGHT HERE IS THEY HAVE A RE/MAX SIGN POPPING OUT. AS YOU RECALL.

THEY WANT TO REPLACE THAT WITH A SIMILAR SIZE.

TAP HOUSE SISTERS PIZZERIA AS A SPECIFIC USE PERMIT.

THE CITY OF MIDLOTHIAN RECENTLY ADOPTED THE DOWNTOWN PLAN, PURPOSE OF IT WAS TO FIND WAYS TO REVITALIZE DOWNTOWN AND ENCOURAGE PEOPLE TO COME DOWN MONDAY THROUGH FRIDAY, 9:00 TO 5:00 P.M. BUT AT NIGHTTIME ON THE WEEKDAYS.

ONE OF THE MOST IMPORTANT ASSETS THE CITY HAS IS THE DOWNTOWN.

THE ACTIVITY OF THE DOWNTOWN. AS PART OF THE SPECIFIC USE PERMIT STAFF RECOMMENDS NO ADDITIONAL PARKING BE REQUIRED.

VARIOUS CASES, WE BELIEVE WE DON'T HAVE A PARKING ISSUE DOWNTOWN. IT'S SUPPOSED TO BE AROUND THE PEDESTRIAN SCALE. THIS IS A GREAT USE FOR THE PART OF TOWN. WHERE THEY ARE EXCHANGING THE USE OPEN VARIOUS BUSINESS HOURS INSTEAD OF THE TYPICAL 9:00 TO 5:00. WE RECOMMEND APPROVAL.

WE MOUNT NOTICE OF THE PROPERTY OWNERS WITHIN 200 FEET.

22 NOTICES SENT OUT. ZERO RESPONSES.

I CAN ANSWER QUESTIONS AT THIS TIME.

>> DO THE DOWNTOWN MERCHANTS HAVE A PROBLEM WITH THE SIGNAGE?

>> TRENTON: WE HAVE NOT RECEIVED ANY LETTERS IN

OPPOSITION TO THE REQUEST. >> ISN'T TONY SANDERS THE PRESIDENT OF THE DOWNTOWN BUSINESS?

>> JAMIE IS. >> TRENTON: I HAVEN'T HEARD ANYTHING. IN OUR SIGN REGULATIONS IT DOES ALLOW FOR THESE -- I CAN'T REMEMBER WHAT THEY ARE CALLED.

THESE TYPE OF THE SIGNS. BLADE SIGNS.

CALL ATTACHED TO THE STRUCTURE. THEY ARE PERMITTED.

THEY WANTED TO MAKE SURE PART OF THE SUPERTHEY INCLUDE SIGNAGE PART OF THIS TO SHOW WHAT THEY WANT TO SHOW WHAT IT IS GOING TO BE LIKE. IT WILL BE TAKING OFF RE/MAX

PORTION TO PUT THIS BACK UP. >> PLANNING DIRECTOR ARE YOU

OKAY WITH THE SIGNS? >> TRENTON: ABSOLUTELY, YES.

>> OKAY. >> MR. CHAIRMAN, I MOVE TO CLOSE

PUBLIC HEARING. >> MEMBER ALTMAN: LET ME SEE BEFORE WE DO THAT, WOULD THE APPLICANT WANT TO DO A PRESENTATION OR SPEAK? NO.

THANK YOU. I SECOND THAT MOTION.

CALL IT TO A VOTE. CLOSE PUBLIC HEARING.

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER OSBORN: AYE

STEPHENS? >> STEVE: AYE.

>> MEMBER ALTMAN: PUBLIC HEARING CLOSED BY 6-0.

DISCUSSION OR MOTIONS? >> MOTION TO APPROVE.

WITH CONDITIONS. >> MEMBER ALTMAN: WE HAVE A MOTION TO APPROVE WITH CONDITIONS.

WHAT ARE THE CONDITIONS? >> TRENTON: TO NOT REQUIRE

OFF-STREET PARKING. >> MEMBER ALTMAN: GOT IT.

SO THAT MOTION MADE WITH THE CONDITIONS.

DO I HAVE A SECOND? >> SECOND.

>> MEMBER ALTMAN: SECOND BY COMMISSIONER OSBORN.

CALL IT TO VOTE. COMMISSIONER ALTMAN, AYE.

>> MEMBER HILL: AYE. >> MEMBER ALTMAN: COMMISSIONER

OSBORN? >> MEMBER OSBORN: AYE.

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

THE APPLICATION APPROVED 6-0. THANK YOU, SIR.

LOOKING FORWARD TO P YOUR PIZZA PLACE.

ALL RIGHT. THE NEXT ITEM IS ITEM NUMBER 11.

BEFORE I GO ON I WANT TO BE CLEAR WHY I ASK ABOUT TONY SANDERS. TONY SANDERS SUBMITTED, HE WAS IN FAVOR OF THE ITEM ON AGENDA 10 AND HE SUBMITTED WRITTEN ITEM. OKAY.

ITEM NUMBER 11 IS TO CONSIDER AND ACT UPON AN ORDINANCE FOR A

[011 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) Specific Use Permit (SUP) for a water well, relating to the use and development of a ±16.199-acre tract of land on Lot 1, Block 1 of The Mark on Walter Stephenson (commonly known as 999 Walter Stephenson Road), located in Planned Development District No. 42 (PD-42) (Case No. SUP03-2021-05).]

[01:40:04]

SPECIFIC USE PERMIT FOR A WATER WELL RESULTING TO USE AND DEVELOPMENT OF THE 16.19 ACRES. LOT ONE, BLOCK ONE OF THE MARK AND THE WALTER STEPHENSON. LOCATED IN PLANNED DEVELOPMENT

DISTRICT NUMBER 42. >> TRENTON: THANK YOU.

WHAT THE APPLICATION REQUEST WATER WELL BE LOCATED WITHIN THE DETENTION POND. SECTION 2.74 OF THE ZONING ORDINANCE. REQUIRES A SPECIFIC USE PERMIT FOR WATER WELL. PART OF THE PROCESS, THEY ARE REQUIRED TO MAKE SURE THEY ARE MEETING CERTAIN REQUIREMENTS THAT CHANGE IN THIS DETENTION PONDS BY ADDING WATER FEATURE WON'T HAVE NEGATIVE IMPACT. THEY HAVE TO GO AHEAD TO GO THROUGH THE CIVIL PROCESS. CITY ENGINEERS SIGN THAT OFF.

TO ALLOW FOR THE WATER WELL. IT'S LOCATED IN THE P.D. 42.

WHEN THEY REQUEST THAT THIS TO BE CONSTRUCTED, WE REQUEST THAT ASSOCIATED PIPING PROVIDED BY THE LANDSCAPE IRRIGATION CONTRACTOR. WE DID HEAR BACK FROM THE PRAIRIE GROUND WATER, CONSERVATION DISTRICT.

THEY APPROVED THE REGISTRATION OF THE PROPOSED WATER WELL THIS IS PART OF THE ASSOCIATION WITH THE S.U.P. LIMITED TO FAILING TO MAINTAIN WATER FEATURE AND IRRIGATION ON THE PROPERTY.

NOT USED FOR ANY OTHER PURPOSE. 15 LETTERS SENT OUT AND ZERO RESPONSES. STAFF RECOMMENDS APPROVAL.

>> MEMBER ALTMAN: QUESTIONS FOR STAFF? NEW MEMBER COMMITTED A FORM OR APPLICANT WANT TO PRESENT ON THE TOPIC? I MAKE A MOTION TO CLOSE PUBLIC

HEARING. >> SECOND.

>> MEMBER ALTMAN: SECOND BY BATEMAN.

I'LL CALL IT FOR A VOTE. ALTMAN, AYE.

COMMISSIONER KOEHLER? >> MEMBER KOEHLER: AYE?

COMMISSIONER HILL? >> MEMBER HILL: AYE.

>> MEMBER OSBORN: AYE. COMMISSIONER BATEMAN?

>> MEMBER BATEMAN: AYE. >> MEMBER ALTMAN: COMMISSIONER

>> MEMBER ALTMAN: PUBLIC HEARING CLOSED.

MOTION? >> SO MADE.

>> MEMBER ALTMAN: BY BATEMAN. SECOND?

>> SECOND. >> MEMBER ALTMAN: SECOND BY KOEHLER. I'LL CALL THE VOTE.

COMMISSIONER ALTMAN, AYE. KOEHLER?

>> MEMBER KOEHLER: AYE. >> MEMBER ALTMAN: COMMISSIONER

HILL? >> MEMBER HILL: AYE

COMMISSIONER BATEMAN? >> MEMBER BATEMAN: AYE.