[005 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a car wash on Lot 3, Block A, Midlothian Towne Crossing, being ±1.0647 acres of land generally located on the northeast corner of FM 663 and Hawkins Run Road. The property is presently zoned Planned Development District No. 79 (PD-79) (Case No. SUP08-2021-51).]

MOVE TO PUBLIC HEARINGS. ITEM 005, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A CAR WASH ON LOT 3, BLOCK A, MIDLOTHIAN TOWNE CROSSING, BEING 1.0647 ACRES OF LAND GENERALLY LOCATED ON THE NORTHEAST CORNER OF F.M. 663 AND HAWKINS RUN ROAD. THE PROPERTY IS PRESENTLY ZONED PLANNING DEVELOPMENT DISTRICT NO. 79.

>> TRENTON: THANK YOU. THIS IS LOCATED IN THE WEBBER DEVELOPMENT WHERE YOU HAVE KROGER, GENERALLY THE KROGER DEVELOPMENT. THEY ARE REQUESTING A CAR WASH

[00:10:03]

TO SECTION 2.74 OF THE ZONING ORDINANCE AND OF THE ASSOCIATED PLANNED DEVELOPMENT DISTRICT THAT REGULATES THIS PROPERTY.

A CAR WASH DOES REQUIRE A SPECIFIC USE PERMIT.

AS YOU CAN SEE, THIS IS LOCATED ON THE SOUTHEAST CORNER OF HAWKINS RUN ROAD. NORTHEAST CORNER OF HAWKINS RUN ROAD. AND F.M. 663.

THE SITE IS APPROXIMATELY ONE ACRE IN SIZE.

THEY ARE REQUESTING A CAR WASH. A LOT OF YOU MIGHT RECOGNIZE THIS APPROXIMATELY A YEAR AGO THIS CAME BEFORE THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL.

ONE OF THE MAJOR CONCERNS FROM A YEAR AGO THAT BOTH STAFF, PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL HAD, HAD TO DEAL WITH TRAFFIC. ANOTHER UTEM THAT STAFF HAD WAS WITHIN THE PLANNED DEVELOPMENT AND THE SURROUNDING AREA THERE IS VARIOUS, CERTAIN ARCHITECTURAL STYLE.

WHAT THEY PROPOSED BEFORE THE VACUUM BAYS HERE AND HERE.

THE CANOPY WAS MADE OF THE CANVAS MATERIAL.

OUR CONCERN WAS OVER TIME IT WOULD FADE OR START TEARING AND THEY WOULD HAVE ISSUES WITH IT. WE HAVE HAD ISSUES TRYING TO GET THINGS LIKE THAT REPAIRED. WITH THE OTHER PROPERTIES.

WE DID ASK FOR THAT TO -- STAFF RECOMMENDED THAT IT BE STANDING METAL, TO BE MORE CONSISTENT WITH THE SURROUNDING, WITH THE PRIMARY STRUCTURE, ET CETERA. WHEN THEY CAME BACK TO REAPPLY FOR THE SPECIFIC USE PERMIT, THEY DID MEET THE SIX-MONTH NOTIFICATION REQUIREMENT. IT WAS OUTSIDE THE SIX MONTHS THEY ARE REQUIRED TO WAIT. THEY CAME BACK WITH THE NEW CANOPY DESIGN, BEING STANDING SEAM, MASONRY COLUMNS TO BETTER MATCH THE PRIMARY AND THE SURROUNDING STRUCTURES.

DIRECTLY NORTH OF IT, YOU HAVE A KROGER GAS STATION RIGHT HERE THAT HAS COLUMNS WRAPPED IN MASONRY, SAME AS THE 7-ELEVEN.

THE ROOFS ARE MORE ARCHITECTURAL DESIGN THAN THE ONE DOWN SOUTH.

THEY DID THAT TO TRY TO BE MORE CONSISTENT WITH WHAT YOU HAVE NORTH AND SOUTH. ADDITIONALLY WHAT THEY HAVE ADDED FOR THE ADDITIONAL INGRESS AND EGRESS IS IN THIS POINT BEFORE RIGHT HERE, AS YOU CAN SEE ON HERE, THERE IS NO ACCESS, CONNECTIVITY TO THE PARKING LOT TO THE NORTH.

ONE OF THE CONCERNS WAS IF SOMETHING WERE TO OCCUR AND CARS HAD TO EXIT, IMMEDIATELY, THERE WOULD BE NO REAL WAY FOR THEM TO EXIT OUT BEFORE. THEY WERE ABLE TO GET THE CROSS ACCESS EASEMENT HERE TO ALLOW FOR ADDITIONAL INGRESS/EGRESS.

ALSO WHAT THEY DID UNSTEAD OF BEING, I BELIEVE, AT THE QUEUE, THIS IS WHERE YOU PAY OR ORDER THE CAR WASH IT WAS THREE OR FOUR CARS THEY HAD DOUBLE STACKED AND THEN IT WENT FROM ONE CAR ALL THE WAY DOWN. WE HAD CONCERNS THAT DUE TO HOW MANY CARS YOU HAVE, POSSIBLE IMPACT HERE ON THE KROGER DEVELOPMENT AND THE HAWKINS RUN ROAD AND THE IMPACT IT WOULD HAVE ON THE HAWKINS RUN ROAD. TO ADDRESS THAT, THEY DID DOUBLE STACKING ALL THE WAY UP TO THIS POINT.

LEAVING THIS INGRESS/EGRESS POINT EMPTY.

PARTIALLY OPEN. AND THEN CONTINUE STACKING ALONG HERE. THEY DID PROVIDED UPDATED T.I.A.

REPORTS SHOWING THAT PROPOSED TRAFFIC INCREASE WOULD BE NOTHING MORE THAN, WOULD BE NO ADDITIONAL THAN WHAT A RESTAURANT WOULD PROVIDE. IN ACCORDANCE WITH THE P.D., THE RESTAURANT WOULD BE PERMITTED BY RIGHT.

I WANT TO MAKE SURE THAT IS UNDERSTOOD.

IN THE P.D., THIS IS ONE OF THE ONLY P.D.S IN THE CITY THE RESTAURANTS ARE PERMITTED BY RIGHT AND THEY DON'T HAVE TO GET A SPECIFIC USE PERMIT. EVEN BASED OFF THE SQUARE FOOTAGE. THE ARCHITECTURAL SIDE THEY DID, ONCE AGAIN, PRESENT, MAKE SIMILAR TO MEET REQUIREMENTS IN THE P.D. VARYING ROOF TYPINGS.

TYPES AND THE VARYING FEATURES, UP AND DOWN LIGHTING. THE CANOPIES MATCHING THE CANOPIES OF THE VACUUM BAYS. OTHER VARIOUS ARCHITECTURAL ELEMENTS, AS YOU CAN SEE. MASONS WAINSCOT.

WE REQUIRED THEM TO HAVE THE SAME FOR THE VACUUM BAY.

THEY ARE HEAVILY LANDSCAPING IN THIS AREA.

THEY ARE NOT PROPOSING ANY ADDITIONAL SIGNAGE.

ONLY WHAT IS ALLOWED IN THE P.D. FOR SITE.

[00:15:03]

SO THEY ARE NOT REQUESTING ANY ADDITIONAL THAN WHAT IS PERMITTED. WHAT I DID HERE, THIS WAS ONE OF THE MAJOR CONCERNS. WHEN YOU LIKE DECIDE TO MEASURE FROM THIS POINT HERE, FROM WHERE YOU ORDER, AND AS IT COMES OUT IN TO THE KROGER DEVELOPMENT AND UNTIL YOU GET TO THIS POINT HERE, HAWKINS RUN ROAD, THIS IS APPROXIMATELY 607 FEET.

I WENT TO ALL OTHER CAR WASHES THROUGHOUT THE CITY I COULD FIND AND I MEASURED THE VARIOUS DISTANCES WHERE FROM WHERE YOU ORDER. THIS IS YOU HAVE OF 287, SOUTH OF 287. WASH MASTERS, I BELIEVE.

FROM THE SERVICE, ONCE YOU GET TO THE DUAL ACCESS ROAD HERE, THIS PRIVATE ROAD. TO WHEN YOU HIT SOUTH LONEGRAL ROAD IT'S 231 FEET. THIS IS LOCATED ON THE SOUTH SIDE OF EAST MAIN STREET. WE RECENTLY APPROVED THIS STRUCTURE IN THE S.U.P. AMENDMENT.

THE APPROXIMATE LOCATION FROM THE MIDDLE TO THE ROAD IS 150 FEET. THIS IS ANOTHER ONE THAT IS LOCATED OFF OF GEORGE HOPPER. 58 FEET.

THE FINAL ONE PANTHER CAR WASH WHICH IS 228 FEET.

JUST SHOWING THEY TRIED EVERYTHING THEY CAN TO MINIMIZE THE IMPACT ON THE HAWKINS RUN ROAD AND THE SURROUNDING TRAFFIC. ANOTHER ITEM I WANT TO TOUCH UPON IS THE PARKING REQUIREMENT. IN ACCORDANCE TO THE ZONING REGULATIONS. IF YOU WERE TO REQUIRE THE FULL AMOUNT OF PARKING, YOU WOULD BE REQUIRED TO HAVE ON THIS SITE, AN ADDITIONAL, I BELIEVE IT'S A TOTAL OF 78 PARKING SPACES FOR A CAR WASH. WHEN WE DO A CAR WASH CALCULATION IN ACCORDANCE WITH HOW THE ORDINANCE IS WRITTEN WE CALCULATE EVERYTHING UNDER THE ROOF, THIS CAR WASH STRUCTURE, AND IN THE DEFINITION IT ALSO INCLUDES ALL THE VACUUM BAYS THAT ARE COVERED THAT HAVE A ROOF OVER.

YOU HAVE TO COUNT THAT IN THE TOTAL CALCULATION.

BACK WHEN WASH MASTERS OFF 287, THAT IS THE MOST RECENT CAR WASH WE DID. WHEN THEY ORIGINALLY CAME IN, THEY WERE REQUIRED TO DO 100 OR SO PARKING SPACES FOR THE CAR WASH. WE THINK THAT IS UNREASONABLE.

THIS IS ONE OF THE PROPOSED AREAS IN THE ZONING RIGHT WE ARE LOOKING TO AMEND, PARKING REQUIREMENTS FOR THE CAR WASHES.

WE FOUND IT'S NOT NECESSARY TO HAVE THAT MANY SPACES.

BY HAVING THAT MANY SPACES YOU ARE TAKING A LOT OF OPEN SPACE.

IN OUR PROFESSIONAL OPINION YOU DODON'T HAVE A LOT OF DEAD SPAC.

WE RECOMMEND PROPOSED SPACES IN FRONT OF YOU.

20 STALLS FOR VACUUM BAYS TO THE 88 SPACES AND TWO SPACES FOR THE EMPLOYEE PARKING. WE FIND THAT ADEQUATE.

PRETTY CONSISTENT WITH THE OTHER CAR WASHES IN THE SURROUNDING AREA. STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED CAR WASH WITH THE CHANGES, MODIFIED IN THE ORDINANCE THAT YOU HAVE IN FRONT OF YOU.

WE DID MAIL NOTICES TO PROPERTY OWNERS IN 200 FEET.

ZERO IN FAVOR AND ZERO IN OPPOSITION.

I CAN ANSWER ANY QUESTIONS. IT REQUIRES PUBLIC HEARING.

>> CHAIRMAN: QUESTIONS OF STAFF? IS THE APPLICANT HERE AND WOULD LIKE TO SPEAK? IF YOU WOULD COME FORWARD AND STATE YOUR NAME AND ADDRESS.

>> PUBLIC SPEAKER: ADDRESS 4603 OPAL RIDGE LANE, ARLINGTON, TEXAS. 76005.

DOES ANYBODY HAVE ANY ADDITIONAL QUESTIONS?

PRETTY MUCH SUMS IT UP. >> CHAIRMAN: ANY QUESTIONS? I DON'T BEREAVE WE HAVE ANY AT THIS TIME.

THANK YOU. >> PUBLIC SPEAKER: THANK YOU.

>> CHAIRMAN: I DO HAVE SEVERAL PEOPLE THAT HAVE SIGNED UP.

RANDY HAMPTON. IS RANDY HERE? IF NOT, HE IS IN FAVOR. TANYA MCLANE.

TANYA IS IN FAVOR. JOHN WEBBER.

HE IS IN SUPPORT. BILL DAVIDSON.

[00:20:02]

SIR, IF YOU WOULD COME STATE YOUR NAME AND ADDRESS.

HE IS IN OPPOSITION. >> PUBLIC SPEAKER: BILL DAVIDSON, 420 ASHFORD LANE, MIDLOTHIAN.

I OWN EDDIE'S CAR WASH FOR EIGHT YEARS.

I BOUGHT IT OFF THE BANK. IN THE PAST TEN YEARS, THREE CAR WASHES IN TOWN WERE BOUGHT OFF THE BANK BECAUSE THERE IS A VERY LOW PROFIT MARGIN FOR OWNING A CAR WASH.

I HAVE LIVED HERE AND WORKED HERE FOR 30 YEARS.

IT'S PERFECT FOR ME AT MY AGE. I PIDDLE WITH IT.

I COULDN'T DO IT AS A YOUNG MAN. NO MONEY IN IT.

I CAN DO IT AT MY AGE. I DO EVERYTHING MYSELF.

KEEPS ME BUSY. IF WE PUT ANOTHER ONE IN TOWN I HAVE TO CLOSE. THERE IS NO PROFIT IN A CAR WASH, THAT IS WHY THEY WERE BOUGHT FROM THE BANK.

IF YOU LOOK AT SATURDAY AT THE CAR WASH YOU SAY IT'S A CASH COW. LOOK AT ALL CARS.

THIS WEEK THERE IS NOT ONE CAR IN THE CAR WASH.

THE BIG TUNNEL WASHES COME IN TOWN AND THEY MAKE MONEY BECAUSE THEY HAVE SEVERAL CAR WASHES. THEY HAVE A LOT OF MONEY, SEVERAL CAR WASHES. THEY CAN WITHSTAND A WEEK OF RAIN, MONTH OF BAD WEATHER. WE GOT CUT OFF, THIS CAR WASH IN TOWN GOT CUT OFF FROM THE WEST/SOUTHWEST WITH THE WASH MASTERS. WE KNEW WASH WAS COMING IN TOWN.

WE ACCEPTED IT. WE WERE READY FOR ANOTHER CAR WASH. WE CAN'T AFFORD ANOTHER ONE NOW.

WE DON'T HAVE THE POPULATION IN MIDLOTHIAN TO SUPPORT A CAR WASH. THE LAST TIME, I BELIEVE, THE SAME CAR WASH WANTED TO COME TO TOWN.

TWO YEARS AGO I SPOKE AND I HAD THE NUMBERS, THE PERCENTAGES.

I SAID I HAD HOW MANY CAR WASHES FOR EACH TOWN AND WHAT CITIES SAID NO MORE CAR WASHES. I DON'T HAVE THE NUMBERS.

I JUST FOUND OUT ABOUT THIS LESS THAN TWO HOURS AGO.

I'M NOT PREPARED LIKE I WANT TO BE.

BOTTOM LINE, SEVERAL CITIES SAID NO MORE CAR WASHES.

I HAVE AN INDIVIDUAL THAT INSTALLS GLASS FOR CAR WASHES.

GOT A GOOD BUSINESS. HE DOES IT FOR HIS BROTHER-IN-LAW. HIS BROTHER-IN-LAW'S CAME TO FAME THAT HE TOLD ME IS HE COULD SELL LAKE PROPERTY IN LAS VEGAS.

HE BUILDS THE CAR WASHES AND SELLS THEM TO PEOPLE WITH MONEY.

HE PROMISES THEM EVERYTHING. THEY RUN THIS THING FOR TWO YEARS AND THEY SAY THERE IS NO MONEY IN THIS THING.

YOU GO TO A CITY LIKE GRAND BERRY.

IT'S UNBELIEVABLE. AS A CAR WASH OWNER I NOTICE THESE THINGS. THERE ARE SO MANY CAR WASHES IN THE CITY OF GRAND BERRY. NO MONEY IN THEM.

THREE PEOPLE. FIVE CARS AND A VACUUM.

AND THEY ARE BUILDING ANOTHER ONE THIS WEEK.

WELL, BECAUSE I'M ON THE SITE OF THE CAR WASHES FOR SALE BECAUSE AT ONE TIME I THOUGHT I WANT ANOTHER ONE AND I WANTED TO HAVE SEVERAL. YOU WOULD NOT BELIEVE HOW MANY CAR WASHES ARE FOR SALE IN THIS AREA.

JUST BECAUSE IT'S HARD TO MAKE MONEY IN A CAR WASH BUSINESS.

AS SOON AS YOU HAVE IT FIGURE OUT, ANOTHER CAR WASH IS BUILT.

WE GOT CUT OFF FROM THE WEST AND THE SOUTH.

I PROBABLY LOST 30% OF MY BUSINESS.

THAT IS FINE. YOU BUILD THIS THING AND LET THIS THING ON 663 BUILD, WE GET CUT OFF FROM THE SOUTH END OF TOWN. YOU GET CUT OFF FROM 663, I DON'T KNOW WHO IS GOING TO SURVIVE IN TOWN.

WE JUST DO NOT HAVE THE POPULATION RIGHT NOW.

WHEN THE LAND DISAPPEARS BETWEEN MIDLOTHIAN AND WAXAHACHIE, YOU WILL HAVE THE ROOM FOR THE CAR WASH.

EVERYBODY IN THE HOUSEHOLD IS NOT AN ADULT.

EVERYBODY DOESN'T DRIVE. EVERYBODY DOES NOT USE A CAR WASH. SOME USE THEM ONCE A MONTH.

SO LOOKING AT THE POPULATION, YOU ARE THINKING EVERYBODY WILL MAKE A KILLING ON A CAR WASH. IT IS JUST NOT THAT WAY.

>> CHAIRMAN: NO DISRESPECT, SIR, WE DO LIMIT THREE MINUTES.

>> PUBLIC SPEAKER: I'M SORRY. GOT CARRIED AWAY.

>> CHAIRMAN: QUESTIONS FOR MR. DAVIDSON? THANK YOU, SIR. I APPRECIATE YOUR INPUT.

DO WE HAVE ANYONE ELSE? YES.

>> THREE THREE FOR CASE NUMBER EIGHT -- THREE THREE ARE FOR CASE -- THESE THREE FOR CASE NUMBER 8.

NOT THIS ONE. >> CHAIRMAN: NO ONE ELSE, I WILL ENTERTAIN THE MOTION TO CLOSE THE PUBLIC HEARING.

>> COMMISSIONER: MOTION MOVED. >> CHAIRMAN: SECOND?

>> COMMISSIONER: SECOND. >> CHAIRMAN: MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.

ANY DISCUSSION? IF NOT, ALL IN FAVOR, AYE.

>> AYE. >> CHAIRMAN: OPPOSED?

[00:25:04]

IT'S UNANIMOUS. FLOOR IS OPEN FOR DISCUSSION.

OR A MOTION. >> COMMISSIONER: I MOVE TO

APPROVE. >> CHAIRMAN: MOTION TO APPROVE. IS THERE A SECOND?

>> COMMISSIONER STEPHENS: SECOND.

>> CHAIRMAN: A MOTION AND A SECOND TO APPROVE.

ANY FURTHER DISCUSSION? OKAY, IF NOT, ALL IN FAVOR, AYE.

>> AYE. THREE.

OKAY. WE HAVE THREE.

ALL OPPOSED? >> NO.

>> CHAIRMAN: SO PASSES 3-2. 4-2.

OKAY. >> TRENTON: DUE TO HAVING A COMMISSIONER ATTENDING VIA WEBX, I RECOMMEND ROLL CALL VOTE FOR

PUBLIC HEARINGS. >> CHAIRMAN: OKAY.

WOULD YOU LIKE TO DO IT OVER AGAIN?

FOR ROLL CALL? >> TRENTON: NO, WE'RE FINE.

>> CHAIRMAN: COUNSELOR? >> IF YOU HEARD HER WELL ENOUGH,

THAT IS FINE. >> CHAIRMAN: ALL RIGHT.

[006 Conduct a public hearing and consider and act upon an ordinance amending Ordinance No. 2019-63 granting a Specific Use Permit (SUP) for a Motor Vehicle Repair Garage (Major) to adopt a phased site plan, building elevations, and landscape plan. The property is located at 555 Murray Street and 1301 East Main Street (SUP10-2021-058).]

WE'LL MOVE TO ITEM 006, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING ORDINANCE NO. 2019-63 GRANTING A SPECIFIC USE PERMIT FOR A MOTOR VEHICLE REPAIR GARAGE (MAJOR) TO ADOPT A PHASED SITE PLAN, BUILDING ELEVATIONS, AND LANDSCAPE PLAN.

THE PROPERTY IS LOCATED AT 555 MURRAY STREET AND 1301 EAST MAIN

STREET. >> MARCOS: THANK YOU, CHAIRMAN. SO IN DECEMBER OF 2019, THE CITY COUNCIL APPROVED AN S.U.P. FOR COLLISION REPAIR USE ON THIS PROPERTY. THE PROPERTY IS LOCATED OFF OF MAIN STREET. THIS IS BETWEEN MURRAY STREET AND THE PROFIT STREET AS SHOWN ON THE SCREEN.

THE APPLICANT AMENDING THE S.U.P. TO ALLOW FOR A TWO-PHASE PLAN INSTEAD OF CONSTRUCTING THIS PROJECT ALL AT ONCE.

PHASE ONE WILL INCLUDE TWO BUILDINGS.

ONE FOR THE MAIN OFFICE. ONE FOR THE REPAIR CENTER.

PHASE TWO WHICH YOU WILL SEE HERE ON THE RIGHT-HAND SIDE, THIS WILL PROVIDE A FUTURE REPAIR SHOP.

IT WILL PROVIDE MORE PARKING. THIS AREA WILL REMAIN UNDEVELOPED. AND WILL NOT BE USED FOR ANY SERVICES. IT WILL BE NOW AND MAINTAINED.

UNTIL IT DOES GET DEVELOPED. THIS SLIDE DOES SHOW THE CURRENT APPROVED LAYOUT AS THE CURRENT ORDINANCE STANDS THIS DOES OFFER 61 PARKING SPACE WITH 42 OUTSIDE THE FENCE AREA.

PARKING SHOWN OFF OF MURRAY STREET AND THERE ARE 14 PARKING SPACES THAT FACE THE MAIN STREET.

THIS SLIDE HIGHLIGHTS THE CHANGES THAT THE APPLICANT WILL ASK FOR. PARKING REMOVED FROM THE MURRAY STREET. SPACES FACING MAIN STREET WOULD BE SHIFTED TO THE REAR OF THE BUILDING.

THAT WOULD BE USED FOR THE EMPLOYEE PARKING AND THE STORAGE OF THE VEHICLES. THIS LEAVES 18 PARKING SPACES FOR THE VISITORS. BASED ON THE PARKING CODE WE WANT TO SEE AT LEAST 45 PARKING SPACES, WHICH IS TYPICALLY REQUIRED BUT IT DOESN'T DIFFERENTIATE EMPLOYEE, STORAGE VERSUS VISITORS. SHADE TREES ARE ADDED TO THE FRONT AREA. THE SCREENING FENCE WILL EXPAND AND CLOSE IN ON THE REAR SIDE OF THE PHASE ONE.

DUMPSTER LOCATION WAS ALSO ADDED TO PHASE ONE.

THE APPLICANT INCLUDED A SIDEWALK EASEMENT THAT RUNS ALONG MAIN STREET. NOW WITH THE S.U.P. WHICH IS ORDINANCE 2019-63, THIS ACTUALLY REQUIRED THE CONSTRUCTION OF A SIDE WALK ALONG MAIN STREET. THE APPLICANT HAS STATED THAT DUE TO LACK OF CONNECTION ON EITHER SIDE OF THE PROPERTY, AND THE OPEN BAR DITCH AREA THAT IN FRONT OF THE PROPERTY, THE SIDEWALKS WOULD BE DIFFICULT TO INSTALL AND NOT CONNECT TO ANYTHING. THE APPLICANT WOULD STILL PROVIDE THAT EASEMENT FOR THE CITY TO INSTALL THAT WALKWAY SOMETIME IN THE FUTURE. HERE ARE THE CURRENT APPROVED ELEVATIONS FOR THE TWO EXISTING BUILDINGS.

YOU MAY KNOW THAT THAT TOP BUILDING AS THE FORMER USA COLLISION, THE BUILDING ON WOULE FORMER FASTENOL BUILDING.

THE APPLICANT WAS ORIGINALLY USING THE EXISTING FA FACADE OE TOP KNOWN AS THE USA COLLISION. THE APPLICANT IS NOW PLANNING TO UPGRADE BOTH FACADES. BOTH WILL CONTAIN STONE STUCCO MATERIAL, HORIZONTAL AND VERTICAL ARTICULATION, WAINSCOTING ON BOTH. METAL AWNINGS ARE INCORPORATED

[00:30:01]

AND BOTH BUILDINGS WILL BE CONSISTENT IN APPEARANCE.

PHASE TWO BUILDINGS WILL REMAIN UNCHANGED.

THESE ARE THE SAME BUILDINGS SHOWN IN THE ORIGINAL S.U.P.

A TOTAL OF THE 14 NOTIFICATIONS SENT OUT.

STAFF HAVE NOT RECEIVED RESPONSES REGARDING THIS REQUEST. STAFF DOES REQUEST APPROVAL OF THE AMENDMENT WITH THE CONDITION THAT THE SIDEWALK IS STILL CONSTRUCTED ALONG MAIN STREET AS REQUIRED BY 2019-63.

OR CASH ESCROW OR GUARANTEE MONEY BE GIVEN TO THE CITY PRIOR TO THIS ISSUE IN LIEU OF THE SIDEWALK BEING CONSTRUCTED.

I SHOULD SAY THAT THE COMPREHENSIVE PLAN DOES SPECIFY THE NEED AND THE IMPORTANCE OF THE SIDEWALKS WITHIN THE CITY CORE AREA AND THE CORE ROUTES. CURRENTLY OTHER ACTIVE PROJECTS ALONG MAIN STREET HAVE INSTALLED OR WILL BE INSTALLING SIDEWALKS.

THAT INCLUDES THE 7-ELEVEN, WAFFLE HOUSE, PAPA JOHN'S.

AS THE NEW DEVELOPMENT CONTINUE, SIDEWALKS AND EITHER THE RIGHT OF WAY OR THE PEDESTRIAN EASEMENTS WILL BE CONTINUED TO BE REQUIRED BY STAFF. WITH THAT I WILL STAND FOR

QUESTIONS. >> CHAIRMAN: QUESTIONS OF

STAFF? >> COMMISSIONER: GO AHEAD.

>> CHAIRMAN: GO AHEAD. >> COMMISSIONER: YOU SAID YOU WOULD REQUIRE THEM TO ESCROW AND PUT MONEY ASIDE FOR THE SIDEWALK? THAT IS YOUR RECOMMENDATION?

>> MARCOS: IT'S AN OPTION. THERE ARE TWO OPTIONS.

EITHER THAT THE SIDEWALK BE CONSTRUCTED OR THEY PROVIDE ESCROW. YES, SIR.

>> COMMISSIONER RODGERS: THAT IS MY QUESTION.

HOW DOES THE SIDEWALK GET CONSTRUCTED UNDER THE CURRENT

CIRCUMSTANCES? >> MARCOS: WELL, HOW DOES IT

CONSTRUCTED? >> COMMISSIONER RODGERS: HOW ARE THEY GOING TO GET IT DONE? WITH THE WAFFLE HOUSE -- PAPA JOHN'S IS A LITTLE DIFFERENT. THEY HAVE A LOT OF VACANT GREEN SPACE IN FRONT OF THE BUILDING STRUCTURE.

BUT I BELIEVE COUNCIL COVERED A LOT OF THIS WHICH HAS BEEN AN ISSUE. HOW DO WE BRING SOME TRANSPARENCY AND SOME SLIDTY TO HOW WE APPROACH SIDEWALKS IN A CITY THAT IN A LOT OF PLACES IS NOT SET UP FOR IT.

ALSO IN SOME CASES DEVELOPING A SO TO SPEAK SIDEWALK TO NOWHERE APPEARANCE. SO, I DON'T KNOW HOW WE GET AROUND MAYBE THE ESCROW APPROACH IS MAYBE BETTER.

I ASSUME BECAUSE OF WHERE THEY ARE LOCATED IS THERE GOING TO BE, LET'S SEE. THEY ARE BESIDE THE STYROFOAM PLANT SO THEY WON'T HAVE A SIDEWALK FOR HOW LONG?

>> MARCOS: WELL, UNTIL EITHER THE CITY GOES IN AND INSTALLS THE SIDEWALK OR CHANGE OF USE. AND SO IT MAY TRIGGER THE

INSTALLATION OF A SIDEWALK. >> COMMISSIONER RODGERS: OR WE DO THE SAME ESCROW -- WE DO THIS WITH THE SEWER TAPS, CORRECT?

>> MARCOS: MM-HMM. >> COMMISSIONER RODGERS: SO IN OTHER WORDS THEY PAY A SMALL FEE.

NOT A WHOLE LOT OF MONEY. IS THAT WHAT YOU ARE TALKING ABOUT OR IS HE GOING TO GIVE YOU A GOOD BIT OF MONEY TO HOLD?

HOW DO YOU APPROACH THIS? >> MARCOS: MAYBE PUT IT IN AN

INTEREST BEARING ACCOUNT. >> COMMISSIONER RODGERS: WHY DON'T WE DO IT THE SAME WAY WE DO THE SEWERS? A LOT OF FOLKS WHEN THEY ARE SITTING IN AN AREA THAT DOES NOT HAVE A SEWER YET, THE CITY TAKES THEM IN, THEY PAY LIKE A $400

FEE, RIGHT? >> MARCOS: RIGHT.

>> COMMISSIONER RODGERS: THEY ARE STATING YES, I AGREE, IF YOU BRING THE SEWER THROUGH THE AREA I AM PAYING YOU $400 TO SAY I'LL DO IT AND TAP IN. WHY WOULDN'T WE WANT TO PUT SOMEONE IN THE ESCROW SITUATION UNDER A HIGHER BURDEN AND NOT JUST DO THIS SAME WAY WE APPROACH THE SEWERS IN A SMALL DOLLAR RATE IF IT EVER HAPPENS AND THEY HAVE THE CONNECTIVITY?

>> MARCOS: SIDEWALKS -- THIS IS SIMILAR TO WHAT WE DID WITH THE MIDTOWN. MIDTOWN AT THE CORNER OF GEORGE HOMER AND THE F.M. 663 OR 9TH STREET.

THEY DID NOT PUT SIDEWALKS IN. IT WENT TO ESCROW ACCOUNT.

WHEN IT GOES IN THE ACCOUNT, THE SIDEWALK FUNDING CAN BE USED ANYWHERE IN CITY. IT DOESN'T NECESSARILY HAVE TO BE USED AT THAT PARTICULAR SPOT. IT IS JUST AN OPTION.

>> COMMISSIONER RODGERS: THE ONLY OTHER THING I'M CONCERNED ABOUT WITH AN ESCROW ACCOUNT IF YOU DON'T WORD IT PROPERLY, SAY THE SIDEWALK GOES IN, IN 11 YEARS.

YOU HAVE A COST OF, INCREASED COST OF INSTRUCTION.

>> MARCOS: SURE. INFLATION.

>> COMMISSIONER RODGERS: IF YOU DO THE SCENARIO I'M TALKING ABOUT, THEY WILL TAKE ON THE BURDEN WHEREVER THE CONSTRUCTION EXIST AT THE TIME. IF WE APPROACH IT LIKE WE DO SEWER TAPS. YOU CAN DO IT HOWEVER YOU LIKE.

I HATE TO PUT SOMEONE UNDER AN ESCROW BURDEN THAT MIGHT NOT HAPPEN FOR YEARS. BY THE TIME WE GET TO THAT POINT, IF THIS ISN'T WELL THOUGHT OUT, HALF THE DOLLARS AREN'T GOING TO BE THERE TO GET THE JOB DONE.

[00:35:03]

>> MARCOS: TRUE. I THINK OUR INITIAL, OUR INITIAL RESPONSE TO THIS IS BUILD THE SIDEWALK.

REGARDLESS OF WHETHER OR NOT WE ARE TALKING ABOUT -- SORRY.

SO WHEN 7-ELEVEN CAME IN, YOU CAN CLEARLY SEE THEY ALREADY INSTALLED SIDEWALKS. WE HAVE SIDEWALKS ALSO THAT GO UP AND DOWN THE MIDLOTHIAN PARKWAY.

I'VE GOT SIDEWALKS THAT RUN ALL ALONG GEORGE HOPPER.

WE DO FEEL THIS IS A VERY IMPORTANT INTERSECTION.

IF WE HAVE THE SIDEWALKS THAT START ALONG MAIN STREET, THOSE FOLKS WILL NOW BE ABLE TO CROSS OVER TO GET OVER DOWN TO GEORGE HOPPER, WHICH ULTIMATELY GETS YOU DOWN TO 14TH STREET OR 9TH STREET, WHICH ULTIMATELY GETS YOU ALL THE WAY DOWN TO OUR PARK. OUR CITY PARK.

OR I SHOULD SAY THE SPORTS COMPLEX PARK.

YOU KNOW, THIS AREA HERE, FROM OUR PERSPECTIVE, IT IS IMPORTANT TO START ENGAGING WITH WALKABILITY.

WE HAVE HEARD IT FROM THE CITY COUNCIL ALSO AS WELL.

SEEING THE SIDEWALKS BEING BUILT IN THE CITY JUST ADDS ADDITIONAL MOBILITY PURPOSES. ESPECIALLY WHETHER YOU ARE TALKING ABOUT THE A.D.A. IT GIVES VARES OPTIONS AROUND THE CORE ROUTES. AGAIN WHEN I THINK ABOUT THE WAFFLE HOUSE COMING IN NEXT DOOR TO 7-ELEVEN, YOU HAVE CONNECTION THAT EXPANDS HERE. THE DEVELOPMENT THAT IS HAPPENING WHERE MY POINTER IS HERE, THEY ARE INSTALLING THE SIDEWALKS AS WELL. THERE ARE A FEW GAPS THROUGHOUT

THE CITY. >> COMMISSIONER RODGERS: I HAVE ZERO PROBLEM WITH THE SIDEWALKS IF YOU HAVE CONNECTIVITY. WALGREENS DID IT BECAUSE THEY ARE A HUGE CORPORATE ENTITY. TO THROW THAT OUT THERE IS NOTHING FOR THEM. BUSINESS OWNERS UNLESS THEY WANT TO DO THIS I DON'T LIKE TO ME IT LOOKS A LITTLE ODD TO SEE SIDEWALKS WITHOUT CONNECTIVITY. I THINK YOU CAN APPROACH IT.

IF YOU HAVE CONNECTIVITY GET IT ROLLING.

IF YOU DON'T THERE IS A WAY WITH THE SEWER CONNECTIVITY TO PUSH IT UNTIL THERE IS A CONNECTION. IS THERE A CONNECTION ON THE

WEST SIDE OF THIS FACILITY? >> MARCOS: THIS DEVELOPMENT

HERE. >> COMMISSIONER RODGERS: YOU HAVE OLD PROFIT WELDING. ANOTHER PART.

THIS IS STUCK IN THE MIDDLE OF THIS FOR HOW LONG.

>> WE ARE TALKING ABOUT THE BAR DITCHES.

IF THE CITY DECIDES TO EXPAND ON THE SIDEWALKS THEY OBVIOUSLY CAN

FILL IN THE BAR DITCHES. >> COMMISSIONER RODGERS: I SEE WHERE YOU ARE HEADED. THIS IS MY STANCE ON THIS.

OBVIOUSLY WE AGREE THAT THE FACILITY RENT THE PROFIT BUILDING AND NEITHER ONE OF THOSE WILL MOVE FOR A NUMBER OF YEARS. YOU ARE LIKELY TO HAVE CONNECTIVE ANY FRONT OF PAPA JOHN'S.

RIGHT? >> MARCOS: I BELIEVE SO, YEAH.

>> COMMISSIONER RODGERS: IF THE CITY IS GOING TO REQUIRE HIM TO DO IT NOW THE CITY SHOULD UPDATE THE FACILITY OF THE POWER FOAM STRUCTURE. SO THEN I SEE A SENSE OF YOU HAVE TO DO THIS BECAUSE WE MAKE A CONNECTIVITY.

I'M CONCERNED THAT WE WILL FORCE IT ON HIM AND THEN WE WILL SIT THERE WITH THE GAP ON EITHER SIDE OF HIM FOR YEARS.

IF WE WANT TO GO AHEAD AND STEP UP TO THE PLATE, BAD DEAL IS I DON'T THINK YOU CAN -- I KNOW YOU CAN'T MAKE THAT STATEMENT.

THAT IS A COUNCIL ■CALL. >> MARCOS: ABSOLUTELY.

>> COMMISSIONER RODGERS: I SPENT TOO MUCH ON IT ACTUALLY BUT I WANT TO MAKE SURE I WAS UNDERSTANDING THERE WILL BE A GAP OF CONNECTIVITY ON EACH SIDE.

>> MARCOS: YOU KNOW, I THINK WHAT TO BRING UP A COUPLE POINTS HERE. PULL UP A SLIDE HERE.

THIS IS A GOOD SLIDE TO SHOW HOW THE PROPERTY IS SURVEYED.

YOU CAN SEE HERE THIS CONCRETE AREA, WHICH FALLS OUTSIDE OF THE PROPERTY. YOU HAVE FIVE FEET OF THE CONCRETE THAT FALLS OUTSIDE OF THE PROPERTY BOUNDARY RIGHT HERE. WHICH IS THE SAME WIDTH OF OUR SIDEWALKS. THAT IS ONLY ON THE USA COLLISION SIDE. WHEN YOU GET TO THE OPPOSITE SIDE, WHERE THE FASTENOL BUILDING IS, SEE IF I HAVE A CLOSETOWN SHOW WHAT IT LOOKS LIKE ON THE GROUND.

THIS HERE IS THE FASTENOL SIDE. ALL OF THIS, THIS IS WHAT YOU SEE TRENCHED HERE FOR THE IRRIGATION.

[00:40:01]

OUR DITCH CLOSER TO THE PAVERMENT AND YOU HAVE AN AREA ON THIS SIDE OF THE FASTENOL. GO BACK TO THE LARGER RIGHT HERE. THIS IS WHERE YOU HAVE -- WELL, HOLD ON A SECOND. THERE WE GO.

WHERE THEY ARE PLANNING TO DO THE LANDSCAPING, THIS IS FLAT.

YOU ALREADY HAVE CONCRETE HERE THAT FALLS OUTSIDE OF THE PROPERTY BOUNDARY ON TO THE RIGHT-OF-WAY THAT IS ALREADY CONCRETE. I JUST WANT TO BE SURE WE ALL KIND OF UNDERSTAND THE LAY OF THE GROUND IN THE AREA.

REALLY WHEN YOU LOOK AT THE SIDEWALK YOU WOULD ONLY LOOK AT IT ON THIS SIDE. BECAUSE THIS SIDE RIGHT HERE YOU ALREADY HAVE THE CONCRETE SITTING OUT THERE.

OUTSIDE OF THEIR PROPERTY. >> CHAIRMAN: OKAY.

ANY OTHER QUESTIONS OR COMMENTS FOR STAFF?

>> COMMISSIONER: SO, AT THE CORNER, ACROSS THE STREET, IS THERE A CROSSING OR THE ABILITY TO HAVE A CROSSING THERE BY THE

CHICKEN PLACE? >> MARCOS: EXACTLY.

>> COMMISSIONER: THAT WOULD BE CONNECTIVITY.

>> MARCOS: WE HAD THE SIDEWALKS HERE TO ALLOW FOLKS ON THIS SIDE TO CROSS. WE HAVE TO WORK WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. IF YOU LOOK AT THIS CORNER HERE, WE WORK DIRECTLY WITH THE DEPARTMENT OF TRANSPORTATION.

WE NOW HAVE A.D.A. CROSSING TO GO ACROSS FROM THIS NORTHERN SIDE TO THE SOUTHERN SIDE WHICH ACTUALLY LEADS YOU DOWN THIS NEW SIDEWALK JUST CONSTRUCTED NOT LONG AGO.

SO THE IDEA OF HAVING IT HERE ALSO IS JUST IDEAL.

IT'S IDEAL TO ALSO SEE IT CONNECT SOMEHOW, SOMEWAY, COMING ALL THE WAY DOWN HERE. SO ALL OF THIS BEING CONNECTED IS BABY STEPS. BUT IT'S ONE DEVELOPMENT AT A TIME ESSENTIALLY. IT WILL TAKE TIME.

IF WE EVER, YOU KNOW, IF COUNCIL EVER HAS THE WILL OR THE DESIRE TO START FILLING IN A LOT OF THE SPOTS, THAT IS OBVIOUSLY THE

WILL OF THE COUNCIL. >> CHAIRMAN: ANY OTHER QUESTIONS OR COMMENTS FROM STAFF? IS THE APPLICANT HERE? SIR, IF YOU WOULD -- DO YOU WANT

TO SPEAK? >> SURE.

>> CHAIRMAN: COME UP AND STATE YOUR NAME AND ADDRESS.

YOU HAVE THREE MINUTES. >> PUBLIC SPEAKER: KENNETH, 2489 COUNTY ROAD 3308, GREENVILLE, TEXAS.

MR. RODGERS, WERE YOU ON COUNCIL BEFORE? OKAY. WE HAD THE DISCUSSION ABOUT THE SIDEWALK. I DIDN'T WANT TO GET IN TO THE BATTLE AT THAT TIME. YOU KNOW WHAT I JUST WANT TO GET THIS THING ZONED AND MOVE ON DOWN THE ROAD.

BUT HERE IS -- LOOK, IF WE TAKE THIS AREA RIGHT HERE TOWARD THAT YELLOW DOT. THAT IS A MAJOR DITCH RIGHT THERE. SO YOU GOT PEOPLE THAT WILL WALK UP TO THAT. THEY HAVE TWO CHOICES.

THEY CAN RUN ACROSS THE STREET. GET HIT BY A CAR MAYBE.

I DON'T KNOW. THEY CAN WALK OUT ON THE STREET.

GET AROUND THAT DITCH. OR THEY CAN TURN AROUND AND COME BACK. SO THE IDEA OF THE SIDEWALK TO NOWHERE IS REAL. FOR WHAT MARCOS WAS SAYING, YEAH, I GUESS, ARE YOU SAYING WE COULD MARK OFF THAT FIVE-FOOT AREA AND JUST LEAVE THAT CONCRETE THERE? I WAS WORRIED ABOUT HAVING TO TEAR DOWN THE TREES AND DO SOME BIG ORDEAL OUT HERE FOR A SIDEWALK THAT IS USELESS.

REALLY. IF YOU WANT ME TO BE PERFECTLY HONEST. THE SIDEWALK YEAH, I CAN PUT IT IN FRONT OF T THE FASTENOL AREA, NOT A BIG DEAL.

BUT I'D RATHER PUT MONEY ON THE NICE LANDSCAPING IF I DO SOMETHING. I HAVE OFFERED TO DO THAT.

IT'S A BURDEN ON THE BUSINESS. I UNDERSTAND IT.

I GET IT. WE WANT SIDEWALKS IN THE NEIGHBORHOODS. WE WANT -- BUT NOBODY IS EVER GOING TO USE THAT SIDEWALK GOING INTO A BAR DITCH.

THEY ARE JUST NOT. THEY ARE JUST GOING TO CUT ACROSS THE ROAD. I THINK THAT WHAT I'M TRYING TO SAY YEAH, WE PUT AUZ THE THINGS IN PLACE.

COMMON SENSE NEEDS TO PREVAIL SOMETIMES.

WHAT THE HECK DO WE NEED IT FOR? YOU ARE MAKING ME THROW MONEY OUT THERE THAT IS BEING WASTED. HEY, THAT IS MY OPINION.

YOU GUYS MAKE THE DECISION AND I WILL DO WHATEVER YOU WANT ME TO DO. IF YOU WANT ME TO PUT A SIDEWALK IN FRONT OF THE FASTENOL I WILL SPEND $20,000 TO $30,000 TO DO IT AND STRIPE OFF THE AREA IN FRONT OF THE OLD USA COLLISION AREA BUT IT'S NOT GOOD FOR NOTHING.

THAT IS JUST THE BOTTOM LINE. AS FAR AS THE -- I KNEW THIS WAS GOING TO BE A -- I DIDN'T WANT TO GET INTO IT LAST TIME.

IT'S JUST EVERYBODY, WANT THE SIDEWALKS.

WE PUT THEM IN ALL OVER THE PLACE WHEN WE DO THESE THINGS BUT SOMETIMES YOU SCRATCH YOUR HEAD AND GO GOLLY, MAN, WHAT ARE WE THINKING? I WOULD RATHER DONATE IT TO A CHARITY THAN THROW IT OUT THERE ON THE SIDEWALK.

AS FAR AS THE EXPANSION, I KNOW I HAVE THREE MINUTES AND IT'S

[00:45:01]

ABOUT GONE. MAN, OUR BUSINESS HAS JUST CHANGED SINCE COVID. WE WERE INTENDED TO BUILD THAT BUILDING. NOBODY IS DRIVING CARS LIKE THEY WERE. WE DON'T KNOW WHAT THE NEW NORM IS. WE ARE JUST TRYING TO CUT EXPENSES DOWN. WE HOPE TO BUILD THE BUILDING SOON. WE THINK COMMUNITY CAN, YOU KNOW, IT WOULD BE JUSTIFIABLE IF WE CAN GET THE BUSINESS BACK IN.

SOME OF THE STORES ARE CUT BY 50%.

YOU DRIVE THROUGH DALLAS IN RUSH HOUR, YOU KNOW IT.

THERE ARE NOT AS MANY CARS ON THE ROADS.

WE ARE JUST TRYING TO DO BUSINESS SMART RIGHT NOW.

THAT'S IT. >> CHAIRMAN: ALL RIGHT.

QUESTIONS OF THE APPLICANT FROM ANYONE?

THANK YOU, SIR. >> PUBLIC SPEAKER: THANK YOU.

>> CHAIRMAN: DO WE HAVE ANYBODY ELSE? YES, SIR. COME ON UP.

>> I WANT TO EXPLAIN FROM A STAFF PERSPECTIVE AND MR. RODGERS, I APPRECIATE YOUR PERSPECTIVE.

WE HAVE TALKED ABOUT THISSES AD INFINITIM.

SOMETHING THAT THE COUNCIL VOTES ON THE STAFF HAS A PATH FORWARD AND ONE THING, GOAL TWO OF THE LAND USE WAS ENHANCE MAIN STREET AS HISTORIC GRAND AND IMPORTANT ENTRY TO THE COMMUNITY.

DEVELOP OVERLAY DISTRICT BLAH, BLAH, BLAH.

BUT ONE OF THE ACTIONS ON THAT IS CREATE STREETSCAPE MASTER PLAN FOR MAIN STREET TO INCREASE THE ECONOMIC DEVELOPMENT AND FOSTER GREATER PEDESTRIAN MOBILITY.

THAT IS ALL THAT STAFF IS TRYING TO DO THERE.

IF THAT IS SOMETHING WE DON'T WANT TO DO WE CAN ADDRESS IT WITH THE COUNCIL, REMOVE IT FROM THE COMP PLAN.

WE WON'T SPEND ANY MORE TIME ON THAT.

WE HAVE DEBATED THIS, I DON'T KNOW, MR. RODGERS, A COUPLE OF TIMES OVER THE PAST YEAR PROBABLY.

MORE THAN ONCE DEFINITELY. I JUST WANT EVERYBODY TO KNOW THAT THIS ISN'T THAT MARCOS DREAMED UP OR STAFF DREAMED UP.

WE ARE TRYING TO GET THE COMPREHENSIVE PLAN MOVING AND GOING FORWARD. THIS IS OUR POLICY THAT THE

COUNCIL HAS ADOPTED. >> COMMISSIONER RODGERS: THE ONLY THING I WOULD MENTION, I HAVE ZERO PROBLEM WITH THE SIDEWALKS. I THINK MARCOS DOES AN EXCELLENT JOB. ESPECIALLY ON THE FENCE ORDINANCES. I HAVE ZERO PROBLEM WITH IT IF WE COME WITHIN AWAY OF BALANCING ALL OF THIS TO WHERE -- REALISTICALLY WHAT I THINK ENOUGH HAS BEEN SAID THAT MAYBE COUNCIL KIND CATCH A LITTLE WIND OF THIS THAT HEY, MAYBE --

>> THEY WILL. >> COMMISSIONER RODGERS: IT MAKES IT VERY HARD ON ME TO VOTE ON SOMETHING WHERE I FEEL LIKE I'M PUTTING SOMEONE UNDER A BURDEN THAT WON'T HAVE AS I VIEW CONNECTIVITY. AND IF COUNCIL WERE TO PUT IN PLACE A TIME LINE TO WHERE IT'S NOT CONNECTED BY THE CERTAIN TIME, WE ARE GOING TO CONNECT IT.

WE ARE GOING TO BECAUSE THAT DITCH IN FRONT OF THE PROFIT BUILDING IS A MAJOR UNDERTAKING TO BE A SIDEWALK THROUGH THAT.

>> I'M NOT SAYING IT WILL BE EASY.

>> COMMISSIONER RODGERS: I DON'T HAVE A PROBLEM TELLING THE MAN YOU ARE GOING TO DO IT. BUT WHY DO IT IF IN FIVE YEARS YOU STILL HAVE THIS ON EITHER SIDE NOTHING? THAT IS MY MAIN ISSUE. THE TIMELINE, SOME SORT OF GUARANTEE. HE IS NOT THE LAST ONE AS YOU KNOW WITH THE PROBLEM AROUND TOWN THAT WE WILL RUN IN TO

THIS. >> THAT IS ONE OF THE OPTIONS, THE ESCROW OPTION. WE DON'T KNOW IF IT WILL BE BUILT RIGHT NOW OR WHEN IT WILL BE BUILT BUT WE ARE GOING THROUGH THE A.D.A. TRANSITION PLAN WE HAVE TO BUILD A LOT OF SIDEWALKS IN THE TOWN TO MAKE SURE WE HAVE COMPLIANT WITH THE AMERICANS WITH DISABILITIES ACT. THIS IS PART OF US GETTING THERE. WITH THAT, I'LL STAND DOWN.

IF THERE ARE ANY QUESTIONS -- >> CHAIRMAN: QUESTIONS?

>> THANK Y'ALL. >> CHAIRMAN: DO WE HAVE ANYONE ELSE? OKAY.

IF NOT -- >> I HAVE A QUESTION FOR MARCOS.

WOULD YOU HAVE TO REMOVE THE TREES TO INSTALL THE SIDEWALK

THAT YOU ARE REQUESTING? >> MARCOS: NO, NOT IN THIS PARTICULAR CASE, SIR. THESE PARTICULAR TREES ARE ACTUALLY SITTING IN THE TXDOT RIGHT-OF-WAY.

SO EVERYONE IF YOU HAD, LET'S SAY THERE WAS A SIDE WALK CONSTRUCTED NEXT TO THE TREES. THIS IS ABOUT THREE FEET.

18 INCHES, BLEEDING OVER, IN TO THIS EXISTING CONCRETE WHICH IS ACTUALLY RIGHT-OF-WAY PROBABLY WOULDN'T A PROBLEM.

YOU ACTUALLY PROBABLY COULD HAVE MORE LIKE, YOU COULD DO THE FULL FIVE FEET. THIS AREA HERE IS ACTUALLY ALL RIGHT-OF-WAY. SO, FIVE FEET FROM THIS EDGE

GOING INWARD. >> RIGHT IN LINE WITH THE

TELEPHONE PEDESTAL THERE? >> MARCOS: RIGHT IN LINE WITH THE TELEPHONE PED CENTRAL. YES, SIR.

THERE ARE OBVIOUSLY CHALLENGES. IF YOU WERE TO MAKE A DIRECT STRAIGHT SHOT. OBVIOUSLY SOONER OR LATER ONE DAY, YOU KNOW, HOPEFULLY THE BAR DITCHES WILL BE FILLED IN AND YOU WILL HAVE CULLVERTS AND IT WILL BE -- CULVERT AND IT WILL BE FLAT AND SOMEONE WILL CONTINUE TO CONSTRUCT SIDEWALKS

ALONG THE CORE TRANSIT ROUTES. >> COMMISSIONER: THANK YOU.

>> CHAIRMAN: OTHER QUESTIONS OR COMMENTS? IF NOT, ENTERTAIN A MOMENT TO CLOSE PUBLIC HEARING.

[00:50:04]

>> COMMISSIONER: SO MOVED. >> COMMISSIONER: SECOND.

>> CHAIRMAN: COMMISSIONER HILL MOVES TO CLOSE.

COMMISSIONER RODGERS SECOND. START WITH THE ROLL CALL.

CHAIRMAN OSBORN, YES. COMMISSIONER KOEHLER?

>> COMMISSIONER KOEHLER: YES. >> CHAIRMAN: COMMISSIONER

HILL? >> COMMISSIONER HILL: YES.

>> CHAIRMAN: COMMISSIONER RODGERS?

YES. >> CHAIRMAN: COMMISSIONER

STEPHENS? >> COMMISSIONER STEPHENS: YES.

WILL YOU PLEASE TALK INTO YOUR MICROPHONE?

>> CHAIRMAN: YES. COMMISSIONER CAVES?

>> COMMISSIONER CAVES: YES. >> CHAIRMAN: IT'S UNANIMOUS.

FLOOR OPEN FOR DISCUSSION OR ACTION.

I THINK I KIND OF SHARE COMMISSIONER RODGERS' CONCERN ABOUT THE SIDEWALK. IF WE HAD A PLAN IN PLACE AND WAS MOVING FORWARD WITH THAT, YOU COULD SEE SOMETHING SOMEBODY SOMEBODY -- COULD SEE HAVING SOMEBODY COMPLY.

IT CONCERNS ME THAT WE ARE REQUIRING THAT AND IT MAY NOT HAPPEN FOR SOME TIME DOWN THE ROAD.

>> COMMISSIONER RODGERS: THE ONLY THING I'M WORRIED ABOUT IS A CONCERN, ALTHOUGH I MIGHT NOT LIKE IT.

I DON'T KNOW THAT THE COMMISSION HAS THE FLEXIBILITY WITHIN HOW WE APPROACH ON WHAT WE DO VOTE ON.

I FEEL AS THOUGH THIS IS LIKELY GOING TO BE A COUNCIL DECISION, SADLY. WE OPERATE WITHIN AN ORDINANCE BASED AND A ZONING AND CODES WHICH THIS IS DIFFERENT VISION.

I DO SIDE, I CANNOT LIKE IT. BUT I DON'T KNOW THAT I CAN VOTE IT DOWN ON THE GROUNDS. BUT I DIDN'T WANT MY OPINION HEARD ON I MIGHT NOT AGREE WITH IT.

IT'S A COUNCIL DECISION TO ME. >> JUST REMIND THE COMMISSION PRESENTLY THE ORDINANCE, THE P.D. ORDINANCE THAT APPLIES TO THE PROPERTY ACTUALLY PRESENTLY JUST REMINDER REQUIRES THE SIDEWALKS BE CONSTRUCTED. SO WHAT THE APPLICANT IS PRESENTLY DOING, SOMETHING APPROVED BY THE COUNCIL, YOU KNOW, WHEN THE P.D. ORDINANCE WAS INITIALLY DONE.

SO MATTER OF THE CLARIFICATION. IT'S NOT THAT THE STAFF IS NOW RECOMMENDING THEY BE BUILT. IT'S THAT THEY ARE RECOMMENDING THAT THE AMENDMENT SO REMOVE THAT REQUIREMENT NOT BE APPROVED. WHICH IS WHAT THE APPLICANT IS REQUESTING. SO WE KNOW PROCEDURALLY WHAT WE

ARE DOING. >> CHAIRMAN: DO I HEAR A MOTION? NO FURTHER DISCUSSION?

>> COMMISSIONER: BE CLEAR WHAT WE ARE TALKING ABOUT HERE.

WE ARE GOING TO APPROVE ONE OF THE RECOMMENDATIONS.

IS THAT WHAT I'M UNDERSTANDING? HAVE HIM CONSTRUCT THE SIDEWALK

OR PUT MONEY IN ESCROW, CORRECT? >> MARCOS: OR YOU COULD NOT DO

BOTH. >> JUST APPROVE IT WITHOUT THE

RECOMMENDATION? >> MARCOS: RIGHT.

LET ME GO BACK TO THIS IMAGE HERE.

IF YOU APPROVE, THE WAY THE ORDINANCE, THE ORDINANCE IS SET TO APPROVE ALL OF THESE ITEMS. AND THE SIDEWALK WOULD STILL HAVE AN EASEMENT RUNNING THROUGH IT.

THEY WON'T CONSTRUCT IT. THE WAY HE DEVELOPED THE SITE PLAN IT HAS AN EASEMENT IN THERE.

YOU COULD REJECT OUR CONDITIONS. >> COMMISSIONER: I'M GOING TO MAKE THE MOVE TO APPROVE WITHOUT THE TWO RECOMMENDATIONS.

>> CHAIRMAN: MOTION. HEAR I SECOND?

>> COMMISSIONER: SECOND. >> CHAIRMAN: MOTION BY COMMISSIONER HILL. AND A SECOND BY COMMISSIONER KOEHLER. ANY FURTHER DISCUSSION? IF NOT, ROLL CALL. CHAIRMAN OSBORN, YES.

COMMISSIONER KOEHLER? >> COMMISSIONER KOEHLER: AYE.

>> CHAIRMAN: COMMISSIONER HILL?

>> COMMISSIONER HILL: AYE. >> CHAIRMAN: COMMISSIONER

RODGERS? >> COMMISSIONER RODGERS: AYE.

>> CHAIRMAN: COMMISSIONER STEPHENS?

>> COMMISSIONER STEPHENS: YES. >> CHAIRMAN: COMMISSIONER

CAVES? >> COMMISSIONER CAVES: AYE.

>> CHAIRMAN: UNANIMOUS. ALL RIGHT.

MOVE THEN TO 007, CONDUCT A PUBLIC HEARING TO

[007 Conduct a public hearing to consider and act upon an ordinance amending the regulations relating to the development and use of 5.212± acres located in Planned Development District No. 42 (PD-42) and described in Exhibit “A” hereto by authorizing a skilled nursing facility as a permitted use on said property and adopting a planned development site plan and development regulations. The property is generally located on the southeast corner of the intersection of 9th Street and the proposed extension of Dylan Street (Case No. Z09-2021-047).]

CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE REGULATIONS RELATING TO THE DEVELOPMENT AND USE OF 5.212 ACRES LOCATED IN A PLANNED DEVELOPMENT DISTRICT NO. 42 AND DESCRIBED IN EXHIBIT "A" HERETO BY AUTHORIZING A SKILLED NURSING FACILITY AS A PERMITTED USE ON SAID PROPERTY AND ADOPTING A PLANNED DEVELOPMENT SITE PLAN AND DEVELOPMENT REGULATIONS. THE PROPERTY IS GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF 9TH

[00:55:02]

STREET AND THE PROPOSED EXTENSION OF DYLAN STREET.

>> TRENTON: THANK YOU. THIS IS AN AMENDMENT TO THE EXISTING PLANNED DEVELOPMENT DISTRICT 42.

KNOWN AS THE MIDTOWN DEVELOPMENT.

THEY ARE ASKING OF A SKILLED NURSING FACILITY OFF THE PROPOSED EXPANSION OF DYLAN DYL. IT'S SOUTH OF THE GEORGE HOPPER ROAD. THIS PROPOSED USE ON THE SOUTHEAST CORNER OF 9TH STREET AND DYLAN WAY.

THIS FACILITY WILL HAVE A MAXIMUM OF 122 BEDS WITHIN IT.

APPROXIMATELY SIZE BEING 51,605 SQUARE FEET.

TOTAL NUMBER OF THE PARKING SPACES THEY ARE REQUESTING IS 126. WITH THIS DEVELOPMENT, THEY ARE MEETING ALL THE, THEY ARE MEETING ALL THE DESIGN REQUIREMENTS WITHIN THE MIDTOWN PLAN DEVELOPMENT DISTRICT.

PRIOR TO COMING BEFORE THE PLANNING AND ZONING COMMISSION, PART OF THE REQUIREMENT IN THE P.D. 49 ORDINANCE THEY ARE -- P.D. 42 ORDINANCE. THEY ARE REQUIRED TO HAVE THE ITEM REVIEWED BY MIDTOWN ARCHITECTURAL REVIEW COMMITTEE.

IT'S UNDER PLAN TO HAVE A ROAD OR A LOT CONNECTING TO THE SOUTH OF THE PROPERTY. ONE CONCERN IS THE SITE PLAN SHOWS A RIGHT-OF-WAY THAT CONNECTS RIGHT HERE.

AS YOU CAN SEE. ACROSS THE STREET IS MIDLOTHIAN HIGH SCHOOL. ONE OF THE MAIN ENTRANCE POINTS.

IN ACCORDANCE WITH THE ZONING ORDINANCE THE DRIVEWAYS ARE REQUIRED TO LINE UP ACROSS FROM EACH OTHER.

[INAUDIBLE] RIGHT HERE? THIS IS A LOCAL ROAD OF WHAT THEY HAVE DRAWN UP.

WITH THIS BEING ACROSS FROM THE MIDLOTHIAN HIGH SCHOOL, THEY ARE OFFSET FROM ONE ANOTHER. STAFF HAS CONCERNS ABOUT SAFETY ISSUES. TRAFFIC FROM HIGH SCHOOL, WHICH IS THE MAIN INGRESS/EGRESS POINT EXITING OUT AT A DIFFERENT POINT. WE BELIEVE THESE CAUSE ONCERS WITH THE ACCIDENTS, ET CETERA. I WANT YOU TO KNOW THAT ONE OF THE CONDITIONS IS THAT THIS ROAD BE REMOVED FROM ALL EXHIBITS.

IT'S OUTSIDE OF THEIR CONTROL. IT'S OUTSIDE OF THE DEVELOPER'S CONTROL OF THIS PROJECT. WE JUST DON'T WANT THE FUTURE, FUTURE STAFF COMES IN, AND THIS BE INTERPRETED THAT THIS WAS APPROVED AS PART OF THE P.D. AMENDMENT.

SO WE JUST WANT IT REMOVED COMPLETE FROM THE EXHIBIT TO ALLOW IT AT A LATER POINT IN TIME.

THEY ARE ACTUALLY EXCEEDING ALL THE LANDSCAPING REQUIREMENTS.

THE PROPOSED STRUCTURE IN FRONT OF YOU IS CONSISTENT WITH THE STANDING STRUCTURES IN THE MIDTOWN DEVELOPMENT.

VARIOUS ARCHITECTURAL ELEMENTS. CEDAR WRAP POST COLUMNS CONNECT TO THE BUILDING, DIFFERENT BUILDING MATERIALS, TO ACCENT THE BUILDING, UP/DOWN LIGHTING, VARIOUS TYPE OF LIGHTING.

PARKING LOT. DECORATIVE AWNINGS AND THE CANOPIES AS THEY DRIVE UNDER. MULTIPLE WINDOWS, OPENINGS, TO MAKE IT MORE PEDESTRIAN STYLE. INSTEAD OF YOUR TYPICAL COMMERCIAL BUILDING WHERE IT IS MORE DESIGNED AROUND THE CAR.

WE DID MAIL OUT NOTICES TO THE PROPERTY OWNERS AROUND 200 FEET INCLUDING THE SCHOOL. ZERO NOTICES CAME BACK IN FAVOR AND ZERO CAME BACK IN OPPOSITION.

IN THE SITE PLAN FOR P.D. 42, THIS AREA WAS DEPICTED TO BE A SINGLE-FAMILY RESIDENTIAL. WITH THIS COMING IN INSTEAD, ALONG 9TH STREET IS MORE CONSISTENT WITH WHAT WE HAVE SEEN IN THE DEVELOPMENT ALONG 9TH STREET IN THE AREA.

DUE TO THIS BEING A SKILLED NURSING FACILITY, WE DON'T SEE THE AMOUNT OF THE TRAFFIC BEING WHAT YOU TYPICALLY SEE AS AN ASSISTED LIVING FACILITY. OR A SENIOR LIVING FACILITY.

[01:00:02]

IT'S DIFFERENT WHERE THEY ARE TAKING CARE OF PATIENTS AND THEY GENERALLY DON'T HAVE THE ACCESS TO CARS.

GENERALLY THE ONLY TRAFFIC IS THE FAMILY COMING AND GOING, VISITORS COMING AND GOING FOR THE PATIENTS.

STAFF DOES RECOMMEND APPROVAL. IT'S CONSISTENT WITH THE FUTURE LAND USE PLAN, THE NEW TOWN MODULE.

I'LL ANSWER ANY QUESTIONS AT THIS TIME.

>> COMMISSIONER: GO BACK TO THE SITE PLAN THAT SHOWS HOW YOU

ENTER AND LEAVE? >> TRENTON: THE PRIMARY ENTRANCE RIGHT HERE OFF OF DYLAN WAY.

AS YOU COME IN, THERE IS AN EGRESS AND INGRESS PLAN HERE AND IT GOES TO 9TH STREET. FUTURE POINTS OF THE ACCESS HERE TO THE SOUTH. THEY WOULD LIKE FOR THE ADDITIONAL CONNECTIVITY. I TALKED TO THE DEVELOPER MANY, MANY, MANY TIMES ABOUT THIS. WE HAVE HAD MANY MEETINGS WITH THE CITY ENGINEER. THIS REALLY IS OUT OF THEIR CONTROL. THEY HAVE NO WAY OF CONTROLLING -- THE ONLY REASON THEY PUT IT ON HERE FROM MY CONVERSATIONS WITH THEM THAT IS WHERE THEY WERE TOLD THE ROAD WOULD BE. THEY ARE OKAY, I MEAN THEY ARE OKAY IF THEY HAVE THE TWO CONNECTION PLANS THEY UNDERSTAND IT MIGHT GO TO ANOTHER PAR SAL OF LAND, ANOTHER DEVELOPMENT.

THERE COULD BE A GAP AND THIS AND THE ROAD AND THIS WOULD ALL BE LANDSCAPED BUT IT'S OUTSIDE THEIR CONTROL.

WE WANT TO MAKE SURE BY APPROVING THE P.D. WE ARE NOT APPROVING THE LOCATION OF THIS ROAD.

WE DO HAVE CONCERNS ABOUT THE LOCATION OF THE ROAD.

>> CHAIRMAN: OKAY. QUESTIONS OF STAFF?

>> COMMISSIONER RODGERS: I DO. SO I HAVE BEEN DEALING WITH THIS

PROJECT SINCE 2008. >> TRENTON: YES.

>> COMMISSIONER RODGERS: THIS IS ALL SUPPOSED TO BE HOUSES,

RIGHT? >> TRENTON: YES.

ALONG THIS PART RIGHT HERE IS SUPPOSED TO BE, EVEN UP HERE IS

SINGLE-FAMILY -- >> COMMISSIONER RODGERS: I'M GOING TO RELY ON STAFF ON THIS. I REMEMBER WHEN WE APPROVED THIS. MIDLOTHIAN IS A START TOWN AND WE START TO GET HEARTBURN BAD WHEN WE START TALKING ABOUT THE 40 AND THE 50-FOOT WIDE LOTS. WE APPROVED THOSE 40 AND THE 50-FOOT WIDE LOTS FROM A CONCEPT OF THE CRAFTSMAN STYLE HOMES AND NEW WAY OF THINKING. I UNDERSTAND THINGS CHANGE.

ECONOMIES CHANGE. AND ALL THAT.

BUT WE WENT WELL OUT OF OUR WAY AS A CITY TO MAKE THESE AMENDMENTS AND GIVE THEM WHAT THEY NEEDED TO MAKE THIS WORK.

WHAT I'M CONCERNED ABOUT IS THE MAJORITY OF WHAT WE HAVE SEEN WITHIN THE LAST FIVE YEARS HAS BEEN COMMERCIAL RELATED.

WE KEEP EXTENDING IN TO THE MORE AND MORE COMMERCIAL-RELATED PROPERTY. LET ME FLIP -- SO I'M A LITTLE BIT AGITATED. BUT I'M HAVING A SECOND THOUGHT HERE. I WOULD, THERE ARE, THERE IS A SIDE OF ME THAT WOULD RATHER SO ETHE BUILDING ON THE MAJOR THOROUGHFARE THAN A BRICK WALL. WE LIKE BRICK WALLS HERE IN THIS TOWN. SO IS IT YOUR OPINION AND STAFF'S OPINION -- I KNOW THAT MANY TIMES THE COMMERCIAL APPLICATION LIKE THIS IS GOING TO GIVE AESTHETICALLY AND OVER THE LONG TERM EVEN KEEPING A PROPERTY UP ON A MAIN THOROUGHFARE WILL GIVE A LITTLE BETTER PRESENTATION.

IS THAT PART OF Y'ALL'S THOUGHT PROCESS ON THIS ALSO TO ALLOW SF-1 TO BE DONE AWAY WITH? WHICH IF YOU REMEMBER, I'M EVEN REMEMBERING WHEN IT WAS GOING TO BE A SLIP STREET.

ALL ALONG 663 WITH THE TREES. AND HOUSES FACING.

I SEE MARCOS BACK THERE. HE IS LOOKING OFF IN THE DAZE THINKING YEAH, I REMEMBER ■THAT. ALL THOSE HOUSES FACING 6TH.

LIKE THE OLD TOWN LOOK. SO IF WE ARE GOING TO MAKE THIS MOVE AND GO IN THIS DIRECTION, DO YOU FEEL THAT THIS IS THE BEST MOVE TO MAKE? BECAUSE I'M NOT AS CONCERNED ABOUT IT WILL FIT AND WE CAN MAKE ALL THIS WORK.

LONG-TERM IS THIS GOING TO BE -- I CAN FORESEE MAYBE WE WANT TO LOOK AT MORE OF THIS ALONG 663 SO WE DON'T HAVE A BRICK WALL.

HOPEFULLY. THE HOUSES CAN KIND OF BE BEHIND IT. WHAT IS YOUR THOUGHTS?

>> TRENTON: ESPECIALLY IN THE MIDTOWN AREA, THAT IS SOMETHING AS PLANNERS WE LOOK AT. NOT JUST WHAT IS GOING ON TODAY BUT LOOKING AT 20, 30 YEARS DOWN THE ROAD OF HOW THIS IMPACT NINTH STREET. WE LOOK AT THE SURROUNDING USES AND WHAT IS GOING ON. THERE IS VARIOUS THINGS IN THE PD-42 AS I HAVE BEEN HERE. AS YOU MENTIONED THAT NEVER OCCUR PRIOR TO ME AND EVERYONE MARCOS COMING HERE.

THAT WERE NEVER DONE. DUE TO THE VARIOUS SITUATION, SCENARIOS. I KNOW AT LEAST ME AND MY STAFF WHAT WE HAVE TRIED TO WORK ON IS HOW TO MAKE IT A BETTER

[01:05:05]

SITUATION. SO WHEN THEY CAME IN, AND THE DEVELOPER CAN TALK TO YOU ABOUT THIS, WE PUT THEM THROUGH THE RINGER ON THIS. WE DO WANT TO SEE THIS AS AN IMPROVEMENT. WHEN WE USUALLY GET THE AMENDMENTS TO COME FORWARD BEFORE MY STAFF IS WE LOOK AT, WE ASK THEM, WE LOOK AT OURSELVES AND WE ASK YOURSELVES.

THEN WE ASK DEVELOPERS HOW WILL IT BE BETTER THAN WHAT IS THERE BEFORE? THAT IS SOMETHING WE WORK ON.

WE FEEL THIS WILL BE BETTER THAN WHAT WAS ALREADY PLANNED THERE.

ONE OF THE CONCERNS YOU SAID IS THE SINGLE-FAMILY.

I WANT TO GET AWAY FROM IT TO BE SINGLE-FAMILY ONE DISTRICT.

THAT IS ONE PER, ONE PER TWO ACRES.

SINGLE-FAMILY 1. YEAH.

I BELIEVE THIS IS THE 6,000 SQUARE FOOT LOTS OR LESS FOR THE SINGLE-FAMILY HOMES HERE. WE FELT THAT THE SKILLED NURSING FACILITY IS SOMETHING NEEDED IN THE COMMUNITY.

HOWEVER ALONG 9TH STREET, ESPECIALLY ACROSS FROM THE M.I.S.D. AND THE NONRESIDENTIAL EMERGING CENTER IT WOULD BE A HUGE IMPROVEMENT ON 9TH STREET.

>> COMMISSIONER RODGERS: BASICALLY IT WOULD ALSO TAKE AWAY FROM THE LARGE POTENTIAL TRAFFIC FLOW OF SF1 THAT COULD SPILL OUT OF THERE IF IT WAS ALL SF1.

SO IT PUTS A LOWER IMPACT USAGE ACROSS THE STREET FROM THE HIGH SCHOOL ALSO. YOU ARE CONFIDENT BECAUSE THIS

WILL BE ELDERLY NURSING CARE? >> TRENTON: SKILLED NURSING.

SKILLED NURSING FACILITY WHERE THEY HAVE A NURSE, WHERE THEY HAVE THE MEDICAL PROFESSIONALS THIS HOURS A DAY IN THE FACILITY. THE PATIENTS USUALLY CAN'T, THEY DON'T HAVE THEIR OWN CARS TO DRIVE AROUND.

THEY NEED CARE. >> COMMISSIONER RODGERS: SO IT WILL BE LOW IMPACT TO THE SURROUNDING ENVIRONMENT AS FAR

AS TRAFFIC FLOW AND WHATNOT? >> TRENTON: CORRECT.

>> COMMISSIONER RODGERS: SO ACROSS THE HIGH SCHOOL THIS IS

THE BETTER -- >> TRENTON: I WOULD SAY SO.

ESPECIALLY ALONG 9TH STREET THAT IS EMERGING ROAD WE HAVE SEEN SOUTH OF THIS AT F.M. 663 HOW BUSY IT HAS GOTTEN OVER THE YEARS. SOMETHING WE ARE AVOID MASONRY

WALLS TO KEEP IT OPEN. >> COMMISSIONER RODGERS: THANK

YOU. >> CHAIRMAN: OTHER QUESTIONS

OF STAFF? >> COMMISSIONER: I GUESS, I MEAN, MY OPINION ABOUT THIS, YOU KNOW, WE HAVE GOT THE DEVELOPERS AND THE BUILDERS THAT ARE COMING ALL OVER TRYING TO GET THE SMALLER LOTS. WE ALWAYS REFERENCE BACK TO THE MIDTOWN SAYING WE APPROVED THEM AND NOW WE ARE TAKING THEM AWAY THERE. THAT IS MY OPINION.

>> CHAIRMAN: ANYONE ELSE? IS THE APPLICANT HERE?

>> TRENTON: THE APPLICANT IS HERE.

>> MARCOS: YEAH. THE APPLICANT IS HERE.

>> TRENTON: YEAH. THEY CAN SPEAK.

THANK YOU. >> CHAIRMAN: IF YOU WOULD LIKE TO COME FORWARD AND SPEAK. EITHER ONE.

>> PUBLIC SPEAKER: YEAH. >> CHAIRMAN: STATE YOUR NAME

AND ADDRESS. >> PUBLIC SPEAKER: LARRY PARKER. 1 170 F.M. 2964, LIGHT HOUSE, TEXAS. I REPRESENT THE APPLICANT.

WE CERTAINLY APPRECIATE THE CITY STAFF WORKING WITH US.

ONLY REAL ISSUE WITH THE STAFF HAS BEEN THIS STREET.

TO THE SOUTH. WE HAVE AGREED WITH THE DEVELOPER THAT THAT STREET AS SHOWN ON THE CURRENT SITE PLAN WILL NOT BE REQUIRED FOR US. BUT THE DEVELOPER HAS AGREED HE WILL PUT IN A STREET THAT WILL LINE UP WITH THE DRIVE AS THE CITY HAS REQUESTED. AND TURN OVER TO THE PROPERTY.

SO, WHAT I WANT TO BE CAREFUL ABOUT IS THAT I DON'T HAVE TO COME BACK FOR REZONING WHEN THAT STREET IS PUT IN AND WE HAVE ACCESS. IF YOU LOOK UP HERE, THE ONE THAT IS SHOWN UP HERE NOW IS WHAT WE ARE GOING TO BE WORKING WITH DEVELOPER TO HAVE HIM INSTALL.

SO THERE WILL NOT BE THE STREET ALL THE WAY ALONG OUR BUILDING.

AND WE WILL BE KILLING ONE OF THOSE ACCESSES OUT TO THE NEW STREET BECAUSE THE NEW STREET WON'T GO UP FAR ENOUGH.

BUT WE WILL STILL HAVE ONE ACCESS OUT TO THE NEW STREET.

SO, WHILE WE ARE REMOVING THE STREET, THE SOUTH STREET AS SHOWN ON THE ACCESS, WE JUST WANT TO MAKE SURE THAT ASSUMING THIS IS APPROVED, WHICH WE ARE TRUSTING IT WILL BE, THAT WE DON'T HAVE TO COME BACK FOR ANOTHER ZONING JUST TO GET THAT ACCESS EVEN THOUGH WE ARE REMOVING THE SOUTH STREET AND WE BASICALLY WOULD LIKE TO SUBSTITUTE THIS ALIGNMENT.

BUT IF THE CITY IS NOT PREPARED TO RECOMMEND THAT BE PART OF THIS HEARING THEN THAT IS FINE. BUT I WOULD PREFER OR REQUEST THE ORDINANCE WHEN IT IS FINALLY WRITTEN TO ALLOW US ACCESS ON TO THE SOUTH STREET WITHOUT US HAVING TO COME BACK FOR

[01:10:01]

REZONING. BE GLAD TO ANSWER ANY QUESTIONS

YOU HAVE. >> CHAIRMAN: QUESTIONS FOR THE APPLICANT? OKAY.

DOES STAFF WANT TO ADDRESS HIS REZONING CONCERN?

NO? >> COMMISSIONER RODGERS: I GOT ONE MORE QUESTION FOR STAFF. ON THE SUBJECT OF THE STREET TO THE SOUTH, IS THE PURPOSE OF THAT SO THERE ARE TWO POINTS OF

ENTRY FOR AN EMERGENCY? >> TRENTON: NO.

THEY MEET ALL THE FIRE REQUIREMENTS.

THERE IS A CERTAIN DISTANCE AROUND THE BUILDING THEY HAVE TO MEET. BUT THEY WOULD MEET IT WITHOUT THE INGRESS AND EGRESS PLANS. WE DON'T HAVE ANYTHING AGAINST THE POINT HERE. WE JUST HAVE AN ISSUE WITH HOW THIS ROAD IS NOT LINING UP WITH THE ENTRANCE TO THE HIGH SCHOOL.

WE WANT -- >> COMMISSIONER RODGERS: I GOT

YOU. >> TRENTON: WE DON'T HAVE AN ISSUE WITH THE INGRESS AND EGRESS.

>> COMMISSIONER RODGERS: YOU JUST DON'T WANT IT RIGHT ACROSS

THE STREET FROM THE HIGH SCHOOL. >> TRENTON: THIS SITE PLAN SHOWS RIGHT HERE, YOU CAN SEE ON THE AERIAL THAT IS THE MAIN

ENTRANCE TO THE SCHOOL. >> COMMISSIONER RODGERS: GOT

YOU. >> TRENTON: THAT SHOWS THEY ARE LINED UP AND ON THE OTHER SITE PLAN SHOWS HERE SO THEY ARE OFFSET FROM EACH OTHER. THAT IS WHAT WE DON'T WANT TO

SEE. >> COMMISSIONER RODGERS: YOU

WANT IT LAW UP? >> TRENTON: IT'S REQUIRED BY

ZONING. >> COMMISSIONER RODGERS: I'M SORRY. WE ARE ONLY PUTTING THEM IN A POSITION OF THE STREET TO THE NORTH ONLY.

>> TRENTON: CORRECT. >> COMMISSIONER RODGERS: NOT BOTH. JUST TALKING ACCESS ON THE SOUTH SIDE. THAT IS THE DEBATE.

>> TRENTON: RIGHT. WHEN ARE FINE WITH THEM HAVING THE ACCESS POINTS BUT WE WANT OUT TO BE VERY CLEAR THAT THE ROAD AND ALL THE EXHIBITS SHOWN NOT BE MISTAKEN AS WE ARE APPROVED THAT ROAD LOCATION. WE HAVE THAT CONCERN.

THIS IS A BETTER LOCATION THAN WHAT IS SHOWN BEFORE.

WE'D BE FINE WITH THIS. >> COMMISSIONER RODGERS: SO IS YOUR POSITION AS LONG AS THEIR POTENTIAL PLAT AND SURVEY PLAN SHOWS THAT ROAD ALIGNMENT THAT THERE WOULD BE NO COMING BACK

FOR THE -- >> TRENTON: WE WOULD BE HAPPY WITH THAT. THE WAY WE WROTE IT --

>> TRENTON: DOES IT ANSWER THE APPLICANT'S QUESTION?

>> TRENTON: RIGHT. THE WAY WE WROTE THE ORDINANCE, THE WAY WE WROTE THE ORDINANCE WAS TO PRO VENT THAT FROM OCCURRING. WE WROTE THE ORDINANCE THEY ARE ALLOWS TO HAVE THE ACCESS POINTS IN THE FUTURE WHEN THE ROAD OR THE NEXT PARCEL CONNECT AND BUILT.

WE WROTE IT SO THEY WOULDN'T HAVE TO COME BACK.

>> COMMISSIONER RODGERS: OKAY. THANK YOU, TRENTON.

>> CHAIRMAN: ANY OTHER QUESTIONS OF THE APPLICANT? YES, SIR. STATE YOUR NAME AND YOUR

ADDRESS, SIR. >> PUBLIC SPEAKER: SURE.

IT'S SHANE FEEMSTER, WEST FALL DRIVE IN MIDLOTHIAN, TEXAS.

I'M HERE REPRESENTING THE MIDLOTHIAN DEVELOPER.

I WANT TO ADDRESS THE COMMISSIONERS.

THANK YOU FOR HAVING US TONIGHT. A COUPLE OF POINTS BROUGHT UP ORIGINALLY WE WANTED THE SOUTH RIGHT AWAY TO GO STRAIGHT IN TO NINTH STREET ACROSS THE SOUTHERN PROPERTY LINE.

CITY STAFF CAME BACK LIKE TRENTON MENTIONED AND WANTED THE ALIGNMENT TO HAPPEN. SO FROM THE DEVELOPER STANDPOINT, WE COMPLY WITH THE STAFF AND SAID THAT IS FINE.

WE WILL OFFSET THE ROAD SO IT DOES LINE UP WITH THE M.H.S.

PARKING LOT ENTRANCE. WE ARE FINE WITH THAT.

THE APPLICATION APPROVED IT. THE SECOND EGRESS COMING OUT THE SOUTH IS REQUIRED BY THE STATE FOR THE FIRE ISSUES.

WE NEED IF SOUTH EXIT COMING OUT.

THE ORIGINAL PLAN HAD TWO APPROACHES COMING OFF OF NINTH STREET. SO, AS A DEVELOPER WE SAID WE DON'T WANT THAT. YOU DON'T THINK THE CITY WANTS THAT. WOULD YOU ROTATE THE SITE AND HAVE THE MAIN ENTRANCE OFF OF DYLAN TO ALLOW A NICE GREENBELT OFF OF NINTH? THEY COMPLIED WITH THAT.

SO, WE HAVE MADE EVERY EFFORT TO GIVE THE BEST SITE PLAN TO THE CITY. THE OTHER CONCERN TALKING ABOUT THE LOT SIZES AND THE RESIDENTIAL.

IF YOU GO BACK, CAN YOU GO BACK TO THE OVERALL SITE PLAN? OR THE AERIAL? SO RIGHT HERE -- RIGHT THERE.

SO COMING SOUTH OF THEIR PROPERTY, ALL THE WAY DOWN TO THE EXISTING SIDE WALK NEXT TO WATER TOWER, THESE ARE, THIS IS 62 ACRES THAT IS REMAINING. IT'S ALL RESIDENTIAL.

THERE IS A LITTLE BIT OF THE RETAIL IN THE MASTER PLAN DOWN OVER HERE OFF OF DON FLOYD. ALL OF THIS IS ALL OF THE

[01:15:05]

SMALLER LOT SIZES. WE ACTUALLY HAVE A D.R.C.

MEETING WITH THE CITY ON THE 28TH THAT WE ARE PROPOSING THE MASTER PLAN FOR ALL THE 62 ACRES.

THERE IS ALMOST 300 RESIDENTIAL LOTS THAT STILL PROPOSED IN HERE. IT'S HIGH DENSE.

LIKE MIDTOWNE WAS ORIGINALLY PROPOSED.

THERE IS RIGHT HERE BE THE ROAD COMES IN.

SOUTH OF THAT IS A SLIP STREET ON THE MASTER PLAN.

THAT COMES ALL THE WAY DOWN. THIS IS A BIG GREENBELT WITH A SIDEWALK STILL PROPOSED. NO B BRICK FENCES.

A NICE, BIG, GREENBELT SIDEWALK WITH A SLIP ROAD AND THE RATIONAL UNITS STILL FACE 9TH STREET OFF THE SLIP ROAD. DYLAN COMES ALL THE WAY THROUGH.

DON FLOYD EVENTUALLY WILL COME FROM HERE ALL THE WAY THROUGH AND TIE IN TO WHERE HILLCREST IS.

THERE ARE PARKS AND THE GREENBELT AND ALL THAT WAS PLANNED FOR MID-TOWNE. THE FIVE ACRES WAS GOING TO BE THE SKILLED NURSING WE TILL HAVE EVERYTHING ELSE PLANNED THAT WAS

ORIGINALLY APPROVED. >> CHAIRMAN: THANK YOU, SIR.

>> COMMISSIONER: QUICK QUESTION.

SO THE OVERALL MASTER PLAN HAS NEVER BEEN EDITED OF THE ENTIRE MIDTOWNE SINCE WE STARTED SELLING OFF THE OTHER PIECES FOR THE AGE -- I APOLOGIZE NOT KNOWING WHAT THE BUSINESSES ARE BUT FOR DIFFERENT COMMERCIAL BUSINESSES THERE?

>> THE OVERALL PLAN HAS BEEN EDITED A COUPLE OF TIMES.

BUT THERE HASN'T BEEN ANY MAJOR OVERHAUL TO IT.

EVERYTHING STILL COMPLIES WITH THE P.D. BUT REORIENTED A LITTLE BIT. SO THE ROADS IN THIS GRID FOR THE 62 ACRES IT'S ALL STILL GOING TO BE RESIDENTIAL WITH THE MIXED USE RETAIL IN IT. WHICH WAS ORIGINALLY APPROVED IN THE P.D. JUST SOME OF THE GRID ADJUSTED.

>> COMMISSIONER: THE NUMBERS ARE NOT CHANGING.

>> THE ORIGINAL NUMBERS THAT WERE IN THE P.D. AS FAR AS THE NUMBER OF LOTS, RESIDENTIAL -- THERE ARE DIFFERENT CATEGORY.

ESTATE LODGE, COTTAGE LOT, TOWNHOME LOT.

>> COMMISSIONER: I'M VERY FAMILIAR.

>> ALL OF THAT HAS NOT CHANGE AND WE COMPLIED WITH THAT.

>> COMMISSIONER RODGERS: THERE IS COMMERCIAL ALONG 14TH STREET THAT ROWCATED UP A LITTLE BIT.

BUT IT'S CLOSE TO THE SAME. >> YOU CAN'T SEE IT BUT THERE ARE THE TWO, FOUR-PLEX BUILDING CONSTRUCTED ON THE NORTH SIDE OF HOPPER. IN THE MASTER PLAN WE ARE DEVELOPING TO THE CITY STAFF ON THE 28TH, THERE IS MICRO RETAIL HERE AT THE HARD CORNER OF GEORGE HOPPER AND 14TH.

IN THE CURRENT MASTER PLAN APPROVED IS STILL COMMERCIAL PROPERTY. FOUR FLEXES HERE AND TOWNHOMES I THINK MARCOS HAS SEEN. I'M NOT SURE YET.

WE ARE PROPOSING HERE. THAT IS COMING IN.

ALL OF THIS IS PHASE NINE, ALL SINGLE FAMILY RESIDENTS.

PHASE EIGHT TO THE NORTH. STILL SINGLE-FAMILY.

THIS EXCEPT FOR RIGHT HERE IN THIS CORNER OF THE PROPERTY PROPOSED RETAIL. THAT WILL BE IN THE MASTER PLAN.

I THINK, DON'T QUOTE ME BUT IN THE ORIGINAL IS 490 RESIDENTIAL DOT. WE ARE AT IT.

THIS IS HIGH DENSE HERE. EVEN WITH THE SKILLED NURSING

FACILITY. >> CHAIRMAN: ANY OTHER QUESTIONS OR COMMENTS? ANYONE ELSE THAT WISHES TO SPEAK? IF NOT, ENTERTAIN A MOTION TO

CLOSE PUBLIC HEARING. >> COMMISSIONER RODGERS: SO

MOVED. >> SECOND.

>> CHAIRMAN: MOTION BY COMMISSIONER RODGERS AND SECOND BY COMMISSIONER. OSBORN, YES.

KOEHLER? >> COMMISSIONER KOEHLER: AYE.

>> HILL? >> COMMISSIONER HILL: AYE.

>> RODGERS? >> COMMISSIONER RODGERS: AYE.

>> CHAIRMAN: COMMISSIONER STEPHENS?

>> COMMISSIONER STEPHENS: AYE. >> COMMISSIONER BATEMAN:

COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.

>> CHAIRMAN: IT'S UNANIMOUS. PUBLIC HEARING IS CLOSED AND THE FLOOR IS OPEN FOR DISCUSSION AND/OR MOTION.

IF THERE IS NO DISCUSSION I'LL MAKE MOTION TO APPROVE WITH BOTH

[01:20:02]

STAFF RECOMMENDATIONS. >> COMMISSIONER: SECOND.

>> CHAIRMAN: WE HAVE A SECOND BY COMMISSIONER RODGERS.

ANY OTHER DISCUSSION? QUESTIONS? ROLL CALL. CHAIRMAN OSBORN, YES.

COMMISSIONER KOEHLER? >> COMMISSIONER KOEHLER: AYE.

>> CHAIRMAN: COMMISSIONER HILL?

>> COMMISSIONER HILL: AYE. >> CHAIRMAN: COMMISSIONER

RODGERS? >> COMMISSIONER RODGERS: AYE.

>> CHAIRMAN: COMMISSIONER STEPHENS?

>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN: COMMISSIONER

CAVES? >> COMMISSIONER CAVES: AYE.

>> CHAIRMAN: UNANIMOUS. OKAY, WE WILL MOVE TO

[008 Conduct a public hearing and act upon a request to rezone Lot 5R, Block 8 and Lot 19RR, Block 4, Hawkins Addition from Residential Three (R3) District to Urban Village Planned Development District No. 93 (UVPD-93); amending the boundary description and development and use regulations of UVPD-93. The property is approximately located at 323 E Avenue F and 302 E Avenue F (Case No. Z10-2021-050).]

ITEM 008, CONDUCT A PUBLIC HEARING AND ACT UPON A REQUEST TO REZONE LOT 5R, BLOCK 8 AND LOT 19RR, BLOCK 4, HAWKINS ADDITION FROM RESIDENTIAL THREE DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NO. 93; AMENDING THE BOUNDARY DESCRIPTION AND DEVELOPMENT AND USE REGULATIONS OF UVPD-93.

THE PROPERTY IS APPROXIMATELY LOCATED AT 323 EAST AVENUE F AND

302 EAST AVENUE F. >> MARCOS: THANK YOU, CHAIRMAN. THE APPLICANT SPEAKING TO EXPAND THE PD 93 BOUNDARY TO INCORPORATE TWO EXISTING LOTS.

THEY ARE HIGHLIGHTED IN RED ON THE SCREEN.

P.D. 93 ARCHITECTURALLY COMPOSED AREA.

IT WILL ADD ADDITIONAL 34 ON-STREET PARKING SPACES WITH THE ADDITIONAL 15 OFF-STREET PARKING SPACES.

IN ALL, YOU ARE LOOKING AT A TOTAL OF 186 PARKING SPACES.

IF THESE AREAS ARE INCLUDED TO P.D. 93.

THE SITE PLAN DOES SHOW 186 SPACES THE FINAL PARKING AMOUNT IS CONTINGENT ON RIGHT-OF-WAY WE NEED TO DO WITH THE CITY COUNCIL. THEY MAY INCLUDE CONDITIONS.

WE WON'T KNOW UNTIL WE GO TO CITY COUNCIL.

HERE IS A GENERAL LAYOUT OF THE FOUNDERS ROW ON THE SCREEN.

ON THE LEFT-HAND SIDE, THIS IS A CLOSEUP OF LOT 19RR.

OUR CITY CODE DOES REQUIRE MINIMUM SETBACK OF 100 FEET FOR THE PARKING AREAS FROM ANY INTERSECTION OR STATED BY THE CITY ENGINEER. IN THE CITY CORE AREA.

STAFF USUALLY SUPPORTS THE MINIMUM SETBACK OF ABOUT 50 FEET. WHEN THE RIGHT-OF-WAY ENCROACHMENT AGREEMENT BROUGHT BEFORE CITY COUNCIL SLATED FEBRUARY 9, THEY WILL REQUEST THE SETBACK FROM 22 FEET AND 36 FEET. YOU CAN SEE HERE THEY ARE LOOKING AT THE 35 FEET AND 34 FEET.

HISTORIC STYLE STRUCTURE PLANNED FOR THE LOT.

THEY WILL INCLUDE ADDITIONAL PARKING ON THIS LOT.

AS WELL AS DUMPSTER AREA. ANTIQUE BRICKS WILL BE USED UNTIL THE FACADE ON THE DUMPSTER ENCLOSURES.

BOTH ENCLOSURES WILL INCLUDE THE WALK-IN OPENINGS.

THIS WILL HELP ALLEVIATE ISSUES WITH THE OPEN SWING DOORS.

THE ALLEY WILL BE IMPROVEED. ALONG THE NORTHERN SIDE BY THE DEVELOPER. TRASH VEHICLES WILL ACCESS THE PROPERTY USING THE ALLEYWAY. BASICALLY ENTERING THROUGH THE REAR SIDE OF THE LOT. ULTIMATELY EXITING DOWN HERE TO THE EAST AVENUE F. EIGHT-FOOT TALL HORIZONTAL SLAT FENCE WITH MASONRY COLUMNS EVERY 16 FEET PROPOSED ON THE WESTERN SIDE OF THE PROPERTY. THERE IS RESIDENTIAL HOME THAT IS LOCATED ON THE LOT 4. SIX DECORATIVE POLE LIGHTS WILL BE INSTALLED ON THE LOT 5R TO BE SPREAD OUT THROUGHOUT THE, WELL, BASICALLY IT'S SHOWN ON THE PROPERTY I THINK THEY CALL OUT EACH ONE OF THOSE, EACH ONE OF LIGHTS.

7 SHADE TREES WILL BE INSTALLED THROUGHOUT LOT 5R.

THE LOT COVERAGE DOES ADHERE TO THE CURRENT REQUIREMENTS.

WE DID SEND 20 NOTIFICATIONS OUT AND RECEIVED THREE RESPONSES IN FAVOR OF THE REQUEST. STAFF RECOMMENDS APPROVAL OF THIS ITEM AS PRESENTED. I WOULD SAY THAT THERE IS ONE THING AFTER LOOKING AT THIS A LITTLE BIT CLOSER, THE ONE THING WE MAY WANT TO ENSURE IS THAT THE SIX LIGHTS THAT ARE GOING TO BE INSTALLED THAT THEY ALL BE DOWNCAST.

AND THE THAT THE LIGHT NOT SHOOT OUT BECAUSE THIS IS A HIGHLY RESIDENTIAL AREA. I'LL CONTINUE TO STAND FOR

QUESTIONS. >> CHAIRMAN: SO WOULD IT NEED TO BE INCLUDED A MOTION? OR SOMETHING TO HANDLE AT A

STAFF LEVEL? >> MARCOS: AS FAR AS IT BEING DOWNCAST I WILL NEED TO GOK BAH AND LOOK AT THE ORIGINAL P.D. -- NEED TO BE DOWNCAST, I NEED TO GO BACK TO LOOK AT THE ORIGINAL

[01:25:01]

P.D. I JUST THOUGHT ABOUT IT NOW.

I DON'T THINK WE ADDRESS THE DOWNCAST LIGHTING IN P.D. 93 SO IT'S SOMETHING TO CONSIDER. IT DOESN'T MEAN YOU HAVE TO GO ALONG WITH THAT. IT'S JUST KNOWING AGAIN WE HAVE A RESIDENCE ON THIS SIDE AND RESIDENCE TO THE NORTH.

RESIDENTIAL TO THE EAST AS WELL. WE JUST WANT TO BE SURE THAT THE LIGHTING IS DOWNCAST. WE HAVE HAD ISSUES IN OTHER NEIGHBORHOODS. USING THE ACORN LIGHTING THAT THE LIGHTING SPREADS OUT. SO AGAIN, JUST ENSURE WE'VE GOT THE DOWNCAST LIGHTING FOR THIS, FOR THE NEW LIGHTS.

>> CHAIRMAN: QUESTIONS OF STAFF? IS THE APPLICANT HERE? IF YOU WISH TO SPEAK, COME FORWARD AND STATE YOUR NAME AND ADDRESS, SIR.

>> PUBLIC SPEAKER: YES, SIR. I'M STEPHEN, 5650 MONTGOMERY AVENUE MIDLOTHIAN, TEXAS. OUR PLAN WAS TO MAKE THE CORNER THE SERVICE AREA FOR THE FOUNDERS ROW.

WE HAVE DEVELOPED THE PROJECT IT'S TAKEN 16 YEARS TO PUT TOGETHER ONE CITY BLOCK. FROM DAY ONE WE DESIGNED THE PARKING SO IF WE COULD ACQUIRE THE LAST LOT IT WOULD BE CONSISTENT. FOUNDER'S ROW IS SOMETHING WE ARE PROUD OF. IT'S TAKEN US A LOT OF TIMED AND MONEY BUT WE ARE STILL FIGHTING THE FIGHT TO GET IT DEVELOPED.

AS YOU KNOW WE MOVE A HISTORIC STRUCTURE, VERITAS CONSIDERED IT A NEW STRUCTURE. SO WE HAD TO SAY WE WANT TO MAINTAIN THE STAIRWELL AND THE PROCESS.

IF YOU HAVE DRIVEN BY WE HAVE THE STONE AND THE BRICK COLUMNS IN. WE USED THE ANTIQUE BRICK ON THOSE FROM THE 1919 SCHOOL. WE WILL USE THE SAME BRICK AROUND THE DUMPSTERS. I WOULD LIKE TO PROPOSE THE SAME CITY STREET STYLE LIGHT ON THE CORNER LOT FOR THE CONSISTENCY.

BOTH NEIGHBORS ON THE ADJOINING LOTS SUPPORTED THE PROJECT.

COREY TURLEY OWNS THE RENTAL PROPERTY AND WE SPOKE TODAY AND HE SAID TO TELL YOU HE IS IN FULL SUPPORT.

I SPOKE TO RENEE MCELHANEY. SHE IS IN SUPPORT.

I THINK IT WOULD LOOK FUNNY IF FOUNDER'S ROW HAVE ONE LIGHT STYLE. IF YOU LOOK ON THE MAIN STREET, IT'S THE SAME ACORN LIGHT THAT YOU USED TO THE RESIDENCES.

I DON'T THINK THAT THE LIGHT WILL BE A SUPER ISSUE SIX LIGHT POLES BUT IT WILL BRIGHTEN IT UP.

PEOPLE ARE WALKING TO THEIR CARS AND THE RESTAURANTS ARE TAKING TRASH OUT LATE AT NIGHT WE WANT IT WELL LIT BECAUSE IT WILL MAKE PEOPLE FEEL MORE SECURE THOUGH WE CAN'T GUARANTEE SECURITY.

BUT THE LITTLE HOUSE, IF YOU KNOW THE LITTLE HOUSE ON THE CORNER AT FOUNDER'S ROW, WE WILL MOVE IT ACROSS THE STREET AND BUILD THE ROOM BACK ON THAT I TOOK OFF.

WHEN WE STARTED DEMOING THAT HOUSE WE FOUND A TRAIN SCHEDULE FROM 1888, THE SAME YEAR THAT THE TOWN WAS FOUNDED.

WE FOUND SQUARE NAILS WHERE THE NAILS OF CONSTRUCTION IN THE ORIGINAL PART OF THE HOUSE. WE THINK IT HAS MERIT TO SAVE THE LITTLE HOUSE. WE ALSO THINK IT MAKES THE CORNER MORE INTERESTING. NOT TO JUST HAVE A HUGE PARKING LOT. WE HAVE SACRIFICE SOME CAR SPOTS TO HAVE A LITTLE HOUSE ANCHOR THAT CORN SORE YOU STILL GET THE RESIDENTIAL FEEL ON THE CORNER. THAT WILL BE A LITTLE BUSINESS AT SOME POINT. ANY OTHER QUESTIONS I COULD

ANSWER? >> CHAIRMAN: QUESTIONS FOR THE

APPLICANT? >> PUBLIC SPEAKER: THANK YOU.

THANK YOU SO MUCH. >> CHAIRMAN: DO WE HAVE ANYONE ELSE THAT WISHES TO SPEAK? IF NOT, WE DO AS MENTIONED HAVE THREE THAT HAVE SUBMITTED SUPPORT.

RANDY HAMPTON, KATHRYN WORKS AND TANYA MCLAIN.

OKAY. WITH THAT, ENTERTAIN A MOTION TO

CLOSE THE PUBLIC HEARING. >> COMMISSIONER: SO MOVED.

>> COMMISSIONER: SECOND. >> CHAIRMAN: MOTION BY COMMISSIONER HILL AND SECOND BY COMMISSIONER KOEHLER TO CLOSE THE PUBLIC HEARING. ROLL CALL? CHAIRMAN OSBORN, YES. COMMISSIONER KOEHLER?

>> COMMISSIONER KOEHLER: AYE. >> CHAIRMAN: COMMISSIONER

HILL? >> COMMISSIONER HILL: AYE.

>> CHAIRMAN: COMMISSIONER RODGERS?

>> COMMISSIONER RODGERS: AYE. >> CHAIRMAN: COMMISSIONER

STEPHENS? >> COMMISSIONER STEPHENS: AYE.

>> CHAIRMAN: COMMISSIONER CAVES?

>> COMMISSIONER CAVES: AYE. >> CHAIRMAN: IT'S UNANIMOUS.

FLOOR IS OPEN FOR DISCUSSION. >> MARCOS: ONE THING I WANT TO ADD IF THE, YOU KNOW, I THINK THE ISSUES WE HAVE BEEN HAVING WHEN IT COMES TO THE LIGHTING ARE THE ACORN STYLE LIGHTING THAT DOESN'T HAVE A CAP ON TOP. IF THE LIGHTING IS GOING TO HAVE A CAP THAT WILL HELP ALLEVIATE THE DISBURSEMENT OF THE LIGHT WG FROM, YOU KNOW, CERTAIN CITIZENS WITH THE ISSUES WITH THE LIGHTING. I JUST WANT TO THROW IT OUT THERE. IF THAT IS SOMETHING TO

CONSIDER. >> COMMISSIONER RODGERS: YOU ARE STATING A CAP VERSUS DOWNCAST.

>> MARCOS: YES. >> COMMISSIONER RODGERS: IT'S THE SAME LIGHT BUT IT HAS A CAP ON IT.

>> MARCOS: I THINK IT WILL HELP MINIMIZE --

[01:30:02]

>> COMMISSIONER RODGERS: CONTAIN THE BRIGHT CAST.

>> MARCOS: EXACTLY. THAT IS WHAT WE ARE LOOKING FOR.

I'M NOT 100% SURE WHAT TYPE OF THE LIGHTING STEPHEN HAS IN FOUNDER'S ROW. I'M ASSUMING.

>> IT MATCHES THE CITY. >> MARCOS: WHICH HAS CAPS ON IT. OUR CONCERN IS REALLY THE TYPICAL ACORN LIGHTING THAT WE HAVE SEEN GOING ON AND PUT IN.

>> CHAIRMAN: FURTHER DISCUSSION?

FLOOR IS OPEN FOR A MOTION. >> COMMISSIONER: MAKE A MOTION

TO APPROVE AS PRESENTED. >> CHAIRMAN: IS THERE A

SECOND? >> COMMISSIONER: SECOND.

>> CHAIRMAN: MOTION BY COMMISSIONER KOEHLER TO APPROVE.

AS PRESENTED. SECONDED BY COMMISSIONER HILL.

ROLL CALL. CHAIRMAN OSBORN, YES.

CHAIRMAN KOEHLER -- COMMISSIONER KOEHLER?

>> COMMISSIONER KOEHLER: AYE. >> CHAIRMAN: COMMISSIONER

HILL? >> COMMISSIONER HILL: AYE.

>> CHAIRMAN: COMMISSIONER RODGERS?

>> COMMISSIONER RODGERS: AYE. >> CHAIRMAN: COMMISSIONER

STEPHENS? >> COMMISSIONER STEPHENS: AYE.

>> CHAIRMAN: COMMISSIONER CAVES?

>> COMMISSIONER CAVES: AYE. >> CHAIRMAN: IT'S UNANIMOUS.

NEXT ITEM IS ITEM 009, CONDUCT A PUBLIC

[009 Conduct a public hearing and consider and act upon an ordinance to change the zoning of Lot 4C, Block 62, of the Town of Midlothian Addition, from Residential Three (R3) District to Urban Village Planned Development District No. 137 (UVPD-137) for Single Family residential uses. The property is located at 816 West Avenue H (Case No. Z12-2021-054).]

HEARING AND CONSIDER AND ACT UPON AN ORDINANCE TO CHANGE THE ZONING OF LOT 4C, BLOCK 62, OF THE TOWN OF MIDLOTHIAN ADDITION FROM RATIONAL THREE DISTRICT TO -- FROM RESIDENTIAL THREE DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NO. 137 FOR SINGLE-FAMILY RATIONAL USES.

THE PROPERTY IS LOCATED AT 816 WEST AVENUE.

>> TRENTON: THANK YOU. WHAT THE PROPERTY OWNER IS REQUEST IS TO REZONE IT TO URBAN DEVELOPMENT DISTRICT TO ALLOW TO BUILD A SINGLE-FAMILY RESIDENTIAL DWELLING.

JUST ONE. THIS LOT HERE IS THE LOT 4C.

IT'S A LEGALLY PLATTED LOT. FOR THE LONGEST TIME IT'S PART OF THE PARCEL HERE AS THE 1 TAX PARCEL.

HOWEVER, IN THE DEED REG IT'S A PLATTED INDIVIDUAL LOT.

THE CURRENT ZONING IS THE R3 RATRESIDENTIAL THREE DISTRICT.

UNDER THE REGULATIONS THE STRUCTURE TO BUILD A SINGLE-FAMILY RESIDENTIAL DEVELOPING THEY ARE HAVING ISSUES TO MEET MINIMUM REQUIREMENT OF THE R3 DISTRICT.

THE MAIN POINT OF THE UVPD DISTRICT IS ALLOW FOR THIS INFILL REDEVELOPMENT OF THE ORIGINAL TOWN.

THIS IS A GREAT EXAMPLE OF WHEN UVPD IS A NECESSITY WITHIN THE ORIGINAL TOWN TO PRESERVE THESE LOTS, PRESERVE THE SURROUNDING AREA. PROPOSED STRUCTURE THEY ARE REQUESTING TO BUILD IS, AS YOU CAN SEE THE LOT, THE MINIMUM LOT SIZE IS 5700 SQUARE FEET. ONCE AGAIN THIS IS A PLATTED LOT. MINIMUM LOT WIDTH, 50, DOESN'T MEAN THE R3 DISTRICT REQUIREMENTS SETBACKS.

25 AND 13 FEET. SIX FEET.

SIX FEET. 20 AND 10.