Jun 15, 2021 Planning and Zoning Commission

[Call to Order and Determination of Quorum.]

[00:00:06]

>> AT THIS TIME WE'LL CALL THE REGULAR SESSION OF THE MIDLOTHIAN PLANNING AND ZONING COMMISSION TO ORDER.

LET IT BE NOTED WE DO HAVE A QUORUM.

SO WITH THAT DO WE HAVE ANYBODY, IN THE CITIZENS TO BE HEARD ON ITEMS OTHER THAN WHAT'S ON THE AGENDA? OKAY. ANYBODY WISH TO SPEAK ON ANYTHING THAT'S NOT LISTED SPECIFICALLY ON THE AGENDA? OKAY. WE WILL MOVE ON CONSENT AGENDA, AGENDA CONSIDER THE MINUTES OF THE SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING DATED AMENDED MARCH 16TH, 2021, AND APRIL THE 20TH, 2021. ANYBODY HAVE ANY QUESTIONS OR COMMENTS OF ON THOSE? IF NOT OF I'D ENTERTAIN A

[002 Consider the minutes for the Special Called Planning & Zoning Commission meeting dated: • May 18, 2021]

MOTION. >> THE MINUTES TO APPROVE ARE

THE MAY 18TH, 2021 MINUTES. >> I'M SORRY.

OKAY. CORRECTION TO THAT.

MINUTES FOR MAY THE 18TH, 2021.

ANY QUESTIONS OR COMMENTS? >> I VOTE TO APPROVE.

>> SECOND. >> WE HAVE A MOTION TO APPROVE AND SECOND, ANY QUESTIONS? ALL IN FAVOR AYE, ANY OPPOSED, IT IS UNANIMOUS. ITEM 003, CONSIDER AND ACT UPON

[003 Consider and act upon a request for a Preliminary Plat of the Massey Meadows, Phase Two (2) Addition, being +/-48.884 acres out of the John Smith Survey, Abstract No. 971; RW Tucker Survey, Abstract No. 1311; and the Jourdan Powers Survey, Abstract No. 838. The property is generally located on the northeast corner of Walnut Grove Road and FM 1387 (Case No. PP16-2021-131).]

>> THANK YOU. THIS IS PRELIMINARY PLAT FOR MASSEY MEADOWS, THIS IS ALL CONSISTENT WITH PLANNED DEVELOPMENT DISTRICT NUMBER 98 THAT WAS APPROVED AND AMENDED BY BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL.

THE PROPOSED PHASE YOU HAVE IN FRONT OF YOU DOES MEET ALL REQUIREMENTS A OF THE TEXAS LOCALITY GOVERNMENT CODE AND THE REQUIREMENTS OF THE CITY OF MIDLOTHIAN.

STAFF CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> QUESTIONS OR COMMENTS FROM THE COMMISSION? NOT, WHAT'S THE PLEASURE OF THE COMMISSION?

>> I MOVE TO APPROVE. >> SECOND.

>> ALL IN FAVOR, AYE, ANYBODY OPPOSED? IT IS UNANIMOUS. ITEM 004 CONSIDER AND ACT UPON A

[004 Consider and act upon a request for a Preliminary Plat of Phase Three (3) Dove Creek Addition, being +/-73.012 acres out of the JD Enlow Survey, Abstract No. 346; G. Garcia Survey, Abstract No. 419; A. Howell Survey, Abstract No. 525; and the Martha Brenan Survey, Abstract No. 43. The property is generally located off of McAlpin Road south of Dove Creek Phase Two (2) (Case No. PP17-2021-136).]

THIS PROPERTY IS GENERALLY LOCATED ON THE MCALPIN ROAD

SOUTH OF DOVE CREEK PHASE 2. >> CONSISTING OF 117 RESIDENTIAL LOTS AND THREE COMMON AREA LOTS. THE PROPOSED PRELIMINARY PLOT DOES MEET ALL THE REQUIREMENTS AND THE PLANNED DEVELOPMENT AS WELL AS THE SUBDIVISION REGULATIONS AND MEETS ALL THE REQUIREMENTS IN LOCAL GOVERNMENT CODE SECTION 212.

STAFF DOES RECOMMEND APPROVAL AND CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> QUESTIONS OF STAFF?

QUESTION OR DISCUSSION? >> MAKE A MOTION TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND SECOND TO APPROVE. ANY DISCUSSION? ALL IN FAVOR? ANY OPPOSE?

[005 Consider and act upon a request to allow for a driveway access onto McAlpin Road for a single-family residential lot, being approximately ±7.478 acres out of the N.N. J.J. and B.L. Edwards Survey, Abstract No. 340. The property is located on McAlpin Road (Case No. M19-2021-143).]

CONSIDERING AND ACTING UPON A REQUEST TO ALLOW FOR A DRIVEWAY

ACCESS ONTO MCALPIN ROAD. >> THANK YOU.

6.1, 4.3 AND 6.14.7 OF THE SUBDIVISION REGULATIONS, IT DOES

[00:05:02]

>> QUESTIONS OF STAFF? >> SO THIS IS A VACANT LOT

THAT -- >> THAT THEY'RE GOING TO DEVELOP INTO A CERTAINLY FAMILY RESIDENTIAL HOME.

>> GOTCHA. >> ANY OTHER QUESTIONS OR COMMENTS? WHAT'S THE PLEASURE OF THE

COMMISSION? >> I MAKE A MOTION TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND SECOND TO APPROVE. ANY FURTHER DISCUSSION OR QUESTION? IF NOT ALL IN FAVOR, I'M SORRY.

>> I WAS JUST GOING TO ADD THIS, DOES THE MOTION INCLUDE STAFF'S

CONDITIONS? >> OH, YES, OF COURSE.

>> THANK YOU. >> SORRY.

>> YOU HAVE TO SAY THAT AGAIN. >> OKAY.

WE DO HAVE THAT CLARIFIED. OKAY.

ALL IN FAVOR OF THE MOTION? SAY AYE.

ANYBODY OPPOSED? IT IS UNANIMOUS.

[006 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a secondary dwelling unit on Lot 62, Shallow Creek Estates Phase IV (commonly known as 5404 Cripple Creek Circle), presently zoned Single-Family One (SF-1) District (Case No. SUP18-2021-132).]

CREEK CIRCLE. >> SECONDARY UNIT PROVIDED BY RIGHT. HOWEVER, THERE ARE PROVISIONS THEY HAVE TO MEET, THERE ARE 11 PROVISIONS THEY NEED TO MEET, IN ORDER TO DO IT BY RIGHT. THEY CAN APPLY FOR A SPECIFIC USE PERMIT REQUIRED TO BE HEARD BY PLANNING AND ZONING COMMISSION AND CITY COUNCIL FOR APPROVAL.

THE PROPERTY AT 5404 CRIPPLE CREEP CIRCLE HAS SUBMITTED PLANS TO THE CITY WHICH MET ALL THE REQUIREMENTS, THE ARCHITECTURAL DESIGN MEETS THE REQUIREMENTS, SETBACKS, PARKING, I MEAN, IN THAT EVERY ONE OF THESE LISTED ELEMENTS.

HOWEVER, DURING THE PROCESS, AS THEY SUBMIT A BUILDING PERMIT, AND START DEVELOPING, THERE'S VARIOUS THINGS YOU WOULD DO.

YOU WOULD HIRE EXEMPT FOR SITE LOCATED HERE ON THE SCREEN ON THIS CASE IT DOESN'T HAVE CITY SEWER AND SOILT HAS AN ONSITE SEPTIC SO IT HAS AN ON SITE SEPTIC SYSTEM.

YOU HAVE AN ENGINEER TO INSTALL A SEPTIC OR UPGRADE SEPTIC SYSTEM. WHEN THEY WENT TO DO THAT, IT WAS DETERMINED THAT THE EXISTING SEPTIC SYSTEM ON THE WEST SIDE OF THEIR LOT WOULD NOT BE ABLE TO MEET CAPACITY FOR BOTH DWELLINGS WITHIN THAT ONE SYSTEM.

WHEN THEY CAME BEFORE PLANNING ASKING WHAT DO WE DO, HOW DO WE GO AHEAD ABOUT THIS, ASK THEM, REACH BACK TO WHOEVER THEY WENT, THE LICENSED INDIVIDUAL AND TRY OFIGURE OUT IF THERE'S ANY WAY YOU CAN TIE IN. SO THEY ACTUALLY WENT AND TRIED TO DETERMINE HOW TO MAKE THE SECONDARY DWELLING TIE IN.

THE RESULTS WERE THEY WOULD HAVE TO TEAR OUT THIS EXISTING SYSTEM COMPLETELY, REDO IT, UPGRADE THE SYSTEM, REDO ALL THE LINES.

PRIOR -- WHEN THIS WAS ORIGINALLY BUILT THERE WASN'T A POLE HERE SO NOW THEY WOULD HAVE TO REALIGN THEIR THEME TO BETTER SUIT GOING AROUND THE POOL, CONNECTING ON SECONDARY DWELLING. OTHER THINGS WE LOOKED AT IS RELOCATING THE HOUSE, THE SECONDARY DWELLING UNIT ON THE OTHER SIDE OF THE POOL WHICH THEY WOULD HAVE HAD OTHER ISSUES WITH THE SET BACK REQUIREMENTS. AS YOU SEE HERE, THERE IS A SITE SET BACK REQUIREMENT REQUIRED HERE THAT THEY WOULD FALL INTO ISSUE WITH THAT THEY WOULD HAVE TO APPLY FOR A VARIANCE FOR THE ZONING BOARD OF ADJUSTMENT. THERE WOULD BE VARIOUS ISSUES THEY WOULD HAVE TO DO. THE ANTI ANTITHESIS, AND RENTINT OUT, THAT'S THE MAIN, ONE OF THE MAIN REASONS WE HAD THIS IN OUR

[00:10:07]

WITH THIS, WITH THEM HAVING THEIR OWN SEPTIC SYSTEM WHICH THE PROFESSIONAL LICENSED PERSON WOULD BE THE EASIEST AND MOST AFFORDABLE WAY TO ACHIEVE THIS, WOULD STILL BE REQUIRED TO HAVE ONE METER FOR WATER, ONE METER FOR ELECTRIC, THEY ARE STILL GOING TO REQUIRE TO RECORD WITH THE DWELLING AS ALL SECONDARY DWELLINGS ARE SUPPOSED TO THAT THEY WILL NOT HAVE THIS AS A RENTAL PROPERTY, THEY MEET ALL THEIR PROVISIONS.

STAFF DOES FEEL THIS DOES CREATE A LITTLE HARDSHIP TO YUM GRADE THE EXISTING SEPTIC SYSTEM BECAUSE RIGHT NOW IT WORKS FINE.

THERE'S NOTHING WRONG WITH THE SELL TICK SYSTEM.

THERE IS NO REAL REASON TO UPGRADE THE SEPTIC SYSTEM EXCEPT TO GET THE REAR END OF THE LOT TIDE INTO.

WE FEEL THIS IS A LITTLE BIT OF A PROBLEM, THAT WOULD STILL BE WITHIN THE SPIRIT OF ORDINANCE. STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED REQUEST. WE DID MOUNT NOTICES TO ALL PROPERTY OWNERS WITHIN 200 FEET. WE HAVE SENT EIGHT NOTICES, WE HAVE RECEIVED THREE IN FAVOR DIRECTLY ADJACENT TO THE SUBJECT PROPERTY. THIS REQUIRES A PUBLIC HEARING AND I'LL ANSWER ANY QUESTIONS AT THIS TIME.

>> QUESTIONS OF STAFF? IS THE APPLICANT HERE?

>> THE APPLICANT IS HERE. >> ANYTHING WOULD YOU LIKE TO SAY? IF YOU WOULD MA'AM I'M SORRY.

IF YOU WOULD COME UP AND STATE YOUR NAME AND ADDRESS.

>> ABSOLUTELY. I'M AMY COOPER, THE OWNER, ONE OF THE OWNERS OF THIS PROPERTY AND THE WHOLE REASON WE MOVED TO THIS PROPERTY IS NOT BECAUSE OF HOW BEAUTIFUL IT IS OUT THERE BUT I'M AN ONLY CHILD AND MOVED MY MOTHER AND MY GRANDMOTHER OUT TO THIS PROPERTY. THEY SOLD THEIR PROPERTY IN GARLAND, TEXAS AND MOVED OUT WITH US AND THE WHOLE REASON WAS TO HAVE THEM CLOSER TO US. AND WE'RE CLOSE TO FINISHING OUR HOME FOR HER AND THIS NEXT WEEK AND THE ONLY THING THAT WE WERE RUNNING AGAINST IS, BEING ABLE TO DO THE SECOND SEPTIC.

AND AS WE STATED IN OUR LETTER THAT WE SUBMITTED TO THE CITY, IS THAT WE HAVE A BEAUTIFUL PROPERTY.

AND THE SEPTIC IS ON THE OTHER SIDE OF THE PROPERTY.

IT WOULD REQUIRE A LOT OF DAMAGE TO OUR PROPERTY.

A LOT OF CONSTRUCTION TO OUR PROPERTY.

AND SO THAT'S WHY WE WERE ASKING FOR THE SECOND SEPTIC.

AT NO TIME WOULD THIS HOME BE USED FOR ANY FINANCIAL LIKE AN AIRBNB OR ANYTHING LIKE THIS.WE MOVE SHE MOVES WITH US.

WE WOULD LIKE THE SUPPORT OF THE CITY TO GO WITH THE SECOND

SEPTIC. >> I HAVE A COUPLE OF QUESTIONS.

I DROVE BY THIS AFTERNOON. I NOTICED THERE WAS AN UNDERGROUND LINE RUN FROM THIS BOTTOM RIGHT-HAND CORNER OVER TO THE BUILDING. IS THAT THE LINE THAT'S GOING TO SERVE ELECTRICAL TO THE BUILDING?

>> THAT'S A GREAT QUESTION. HE MAY KNOW THE ANSWER.

>> RIGHT HERE THE OVERHEADLINE? >> OVERHEAD LINE?

>> THE POWER MOLE? >> IT LOOKS LIKE UNDERGROUND,

ELECTRICAL RUN OVER TO THE -- >> IT'S THE DOG WIRE.

WE HAVE AN ELECTRICAL INVISIBLE FENCE.

>> IT'S NOT AROUND THE FENCE. IT GOES DIRECTLY ACROSS TO THE

HOUSE. >> IT'S THE WATER LINE.

>> IT IS PLUMBING? BECAUSE THERE WAS SOME

ELECTRICAL -- >> YES.

>> HOW YOU DOING? RIGHT THERE IN THE CORNER IS WHERE THE WATER MAIN IS, SO THEY RAN THAT WATER PIPE RIGHT FROM THERE ALL THE WAY TO TRACK 62 THERE TO THE NEW DWELLING.

WHAT YOU SAW THERE IF THERE WAS -- YOU MIGHT HAVE SAW SOME WIRING THERE, THAT'S WHERE THEY CUT INTO OUR DOG ELECTRIC -- DOG INVISIBLE FENCE. WE HAVE A BIG 75 POUND LAB.

>> SO IT'S NOT -- >> YES, SIR.

>> THE SECOND QUESTION I HAVE THE ARROW UNDER THE 50 THERE, THERE IS A BIG MOUND LOOKS LIKE SAND OR DIRT.

IT'S PROBABLY FIVE FEET IN DIAMETER.

CAN YOU TELL ME WHAT THAT IS? >> I WOULDN'T SAY IT'S A FIVE POUND SERVICE, WHEN THEY DID THE CONCRETE FOR HOUSE THEY LEFT A LITTLE BIT OF THEIR MESS BEHIND. THAT'S GOING TO BE CLEARED OUT.

>> OKAY, SO IT'S NOT ANYTHING TO DO WITH THE SEPTIC SYSTEM?

>> NO, SIR. SEPTIC WOULD GO IN THIS BACK CORNER HERE. BACK IN THAT AREA, IT IS OF COURSE THE SMALLEST TANK WE COULD GET TOO.

IT'S NOT GOING TO BE OBTRUSIVE. THERE ARE FOUR VERY MATURE TREES HERE. IT WOULD BE A LOT OF UPHEAVAL OF

THINGS -- >> ON THE SHALLOW CREEK SIDE?

[00:15:01]

>> YES, SIR, YES, SIR. YOU'RE RUNNING A PUMP ALL THE WAY ACROSS BACK OF THE PLOT. PROPERTY.WE UNDERSTAND THE CITYE BUT IT WOULD MAKE MORE SENSE TO PUT IN A SMALL SEPTIC.

>> THANK YOU VERY MUCH. >> THANK YOU SIR.

>> ANY OTHER QUESTIONS OF THE APPLICANT? IF NOT, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOVE TO CLOSE. >> SECOND.

>> I HAVE A PLOAKS TO CLOSE THE PUBLIC HEARING, ALL IN FAVOR AYE, ANYBODY OPPOSED? IT IS UNANIMOUS.

FLOOR IS OPEN FOR DISCUSSION AND/OR A MOTION.

>> I'LL MOO MOVE TO APPROVE. >> SECOND.

>> WE HAVE A MOTION AND SECOND TO APPROVE.

ANY DISCUSSION OR QUESTION? ALL IN FAVOR, AYE, ANY OPPOSED? IT IS UNANIMOUS. ITEM 007, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT AN ORDINANCE GRANTING A SPECIFIC USE FOR A DRIVE THROUGH ESTABLISHMENT.

>> THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.

>> OKAY. NEXT ONE ITEM NUMBER 8 --

>> COULD YOU HOLD? >> IF YOU COULD MOVE THAT TO THE

[009 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a drive-thru establishment on Lot 5, Block 1, Harvest Hill Addition, Cabinet K, Slide 80, (2211 F.M. 663) presently zoned Planned Development District No. 19 (PD-19) (SUP21-2021-139).]

END OF THE AGENDA. >> ALL RIGHT, 9, CONDUCT A PUBLIC HEARING AND CONSIDER ANNAL ACT UPON AN ORDINANCE GRANTING SPECIFIC USE FOR A DRIVE THROUGH ESTABLISHMENT ON LOT 5, BLOCK 1, HARVEST HILL ADDITION.

>> ANY DRIVE THROUGH ESTABLISHMENT --

>> I'M SORRY, WE'LL CLEAR OURSELVES IN PUBLIC HEARING HERE. PUBLIC HEARING.

WE ARE IN PUBLIC HEARING RIGHT? >> OH, YES.

009? >> CORRECT.

>> I DIDN'T DECLARE IT. >> THAT'S ALL RIGHT.

ITEM 009, CONDUCT A PUBLIC HEARING, SPECIFIC USE PERMIT.

THE PROPOSED USE ON THIS PROPERTY IS PERMITTED BY RIGHT WHICH IS A FINANCIAL INSTITUTION, BANK OF AMERICA.

THE USE WOULD BE PERMITTED, THE PROPOSED ARCHITECTURAL DESIGN OF THE BUILDING MEETS ALL OF OUR ARCHITECTURAL REQUIREMENTS WITHIN THE ORDINANCE. REALLY WHAT THEY'RE ONLY COMING BEFORE YOU TODAY IS TO ALLOW FOR THEIR DRIVE THROUGH TO SERVE FOR THEIR DRIVE-UP ATM MACHINE. THIS IS CONSISTENT WITH WHAT THE VOWRCHEDDING USES ARE. THIS IS DIRECTLY ACROSS FROM FM 663. DIRECTLY TO THE SOUTH RIGHT HERE IS WHERE THE BRAND-NEW BURGER KING IS LOCATED, RIGHT HERE ON THIS LOT IS ALL THESE UP HERE, IT IS WENDY'S QT AND DISCOUNT TIRE. STAFF DOES RECOMMEND APPROVAL.

AS WE FEEL THIS IS CONSISTENT WITH THE ORDINANCE.

WE DO ALSO PEOPLE THAT THIS WON'T HAVE ANY SORT OF NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.

WE DID MOUNT NOTICES WITHIN 200 FEET, WE SENT 13 LETTERS, ZERO CAME BACK IN OPPOSITION. I CAN ANSWER ANY QUESTIONS TILT.

>> QUESTIONS OF STAFF. >> ALL THEIR ACCESS IS

THROUGH -- >> CORRECT.

THEY ACTUALLY HAVE TWO POINTS OF INGRESS EGRESS.

ONE POINT IS, I MEAN THEY HAVE ACCESS THROUGH HERE THROUGH THE FRONT AND THEN THE SECOND DRIVEWAY ENTRANCE IS RIGHT HERE.

>> ARE THERE QUESTIONS? IF NOT, I'LL ENTERTAIN A MOTION

TO CLOSE THE PUBLIC HEARING. >> SECOND.

>> WE HAVE A MOTION AND SECOND. I'LL MAKE THE MOTION DO WE HAVE

A SECOND? >> SECOND.

>> ALL IN FAVOR AYE. ANY OPPOSED? UNANIMOUS, FLOOR IS OPEN FOR DISCUSSION.

AND OR A MOTION. >> REREAL GOOD.

ONE THING I DID WANT TO MENTION WITH THE SUP, FINANCIAL INSTITUTION THE PARKING RATIO IS ONE PER 450 FEET WHICH WOULD ONLY ALLOW THE SITE TO HAVE TEN PARKING SPACE.

WITH THE 25% IT WOULD ALLOW, IT TO HAVE A TOTAL NUMBER OF 13 SPACES. AND WHAT THEY HAVE CURRENTLY SHOWN ON THEIR SITE PLAN IS 30 SPACES.

SO THAT IS PART OF THE SUP IS FOR THE INCREASE IN PARKING THAT'S FOR, THEIR EMPLOYEES AROUND FOR WALK IN TRAFFIC.

[00:20:01]

>> SO IF I UNDERSTAND CORRECTLY BASED ON THE INFORMATION THAT WAS SUBMITTED TO STAFF YOU HAVE NO PROBLEM WITH THE EXTRA

PARKING CORRECT? >> WE HAVE NO TROUBLE WITH THE

EXCESS IN PARKING. >> MAKE A MOTION TO APPROVE.

>> OKAY, WE HAVE A MOTION. IS THERE A SECOND? WE HAVE A MOTION AND SECOND TO APPROVE.

ALL IN FAVOR, ANY OPPOSED? OKAY.

[010 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance and zoning map relating to the use and development of 46.635± acres out of the N.N. J.J. & B.L. Edwards Survey, Abstract No. 340 described in Exhibit “A” hereto, by changing the zoning from Agricultural (A) District to Planned Development District No. 142 (PD-142) for residential uses. The property is located north of FM 875, between McAlpin Rd. and Skinner Rd. (Case No. Z31-2021-134).]

010. >> WHAT HAPPENED TO NUMBER 8?

>> WE MOVED THAT TO THE END OF THE AGENDA.

>> WE'RE JUST GOING TO HOLD TO THE END OF THE AGENDA.

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE AND ZONING MAP RELATING TO THE USE AND DEVELOPMENT OF 46.635 PLUS OR MINUS ACRES, NN, J JMPT AND BL EDWARDS SURVEY, ABSTRACT 340, DESCRIBED IN EXHIBIT A, FOR DISTRICT PLANNED DEVELOPMENT DISTRICT BETWEEN MCALPIN AND SKINNER ROAD.

>> THIS IS DEFINITELY ONE OF THE INTERESTING CASES, THE REASON I SAY THAT, WE HAVEN'T HAD TO DEAL WITH THIS TYPE OF SITUATION, WHERE AS I SHOW THE PROPERTY, THE SUBJECT PROPERTY IS APPROXIMATELY, THE TOTAL PROPERTY IS 78 ACRES.

HOWEVER THE ONLY PORTION OF THE PROPERTY THAT IS BEING REZONED IS 46 ACRES AND THERE'S A REASON FOR THAT.

IF YOU LOOK AT THE SUBJECT PROPERTY LOCATED JUST NORTH OF THAT, ONLY HALF OF IT IS WITHIN THE CITY LIMITS OF MIDLOTHIAN.

THE OTHER HALF OF IT IF YOU LOOK RIGHT HERE, EVEN ALL THE WAY TO THE PROPERTY EDGE, ALL THE RAILWAY DOWN, IT IS LOCATED WITHIN THE CITY OF WAXAHACHIE'S EEJ.

THE CITY COUNCIL WOULD HAVE TO GO THROUGH A PROCESS WHERE THEY WOULD DISANNEX THIS ETJ AND GIVE TO THE CITY OF MIDLOTHIAN.

AND WE WOULD HAVE TO DO A VOLUNTARY PETITION TO ANNEX IT OR MOVE FORWARD WITH THE ZONING PROCESS LIKE WE ARE TODAY AND HAVING A CENTERED ETJ. DOING THIS PROCESS WE ARE ABLE TO, WHAT I'VE BEEN TRYING TO DO OVER THE YEARS IS BUILD A BETTER RELATIONSHIPS WITH THE CITY AROUND US, WE HAVE BEEN WORKING CLOSELY WITH THE CITY OF WAXAHATCHIE.

THE ONLY REGULATIONS THAT WE CAN CONTROL ARE WITHIN THIS BLACK BORDERED AREA IN THE CITY LIMITS.

ONCE AGAIN THE REST OF IT IS OUTSIDE THE CITY LIMITS.

SO THAT'S WHY IT'S A LITTLE DIFFERENT.

I HAVEN'T HAD TO DEAL WITH THIS TOO OFTEN.

GENERALLY YOU SEE TWO CITY'S ETJ'S ABOUT ONE ANOTHER, OR CROSSING ETJ'S, STATE LAW STATES THE LARGER POPULATION WILL HAVE FULL CONTROL OF THE PLANNING AUTHORITY OF THAT.

SINCE IT IS OUR CITY LIMITS THAT LAW DOES NOT APPLY.

SO IT IS DIFFERENT. SO HERE WE GO.

THE PROPOSED AREA IS. 43 ACRES THAT THEY ARE REZONING FROM AGRICULTURAL DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY DIRECTION. WITH THAT THEY ARE REQUESTING WITHIN THIS DEVELOPMENT, ONE-ACRE LOTS THAT WOULD BRING A TOTAL NUMBER OF WITHIN THE CITY LIMITS OF EITHER, ONCE AGAIN, DUE TO HOW THIS BOUNDARY LINE IS, IT CUTS THROUGH SOME OF THOSE LOTS. SO APPROXIMATELY 33 LOTS FULLY WITHIN THE CITY LIMITS. IN TOTAL, EVEN INCLUDING THE ACREAGE OUT HERE FROM THE PLANS THAT WE'VE SEEN, THE PRELIMINARY, A PRELIMINARY, PRELIMINARY PLAT, THAT THEY HAVE SUBMITTED, THE TOTAL NUMBER OF LOTS ON THIS WILL NOT EXCEED MORE THAN 58 RESIDENTIAL LOTS FOR THE ENTIRE DEVELOPMENT.

SO WE'LL ACTUALLY HAVE A MAJORITY OF THOSE LOTS WITHIN THE CITY LIMITS. WHICH ONCE AGAIN MINIMUM LOT SIZE WOULD BE ONE ACRE IN SIZE. ONCE AGAIN AS WE WORKED CONTINUOUSLY WITH THE COUNTY, CITY MUCH WAXAHATCHIE, WE ALL GOT TO POINT OUT WE ARE COMFORTABLE WITH THE REGULATIONS WE HAVE SET NORTH. ALTHOUGH THE ORDINANCE WOULD ONLY PERTAIN TO THIS BUT I THINK THAT WE HAVE A COMMON UNDERSTANDING BETWEEN THE THREE DIFFERENT GOVERNING ENTITIES ON HOW -- AND THE DEVELOPER THEMSELVES OF HOW TO MOVE FORWARD WITH THIS PROJECT. WITHIN THE -- AS I TALK NOW EVERYTHING THAT YOU HEAR WILL KIND OF BE DISCUSSING THE ENTIRETY OF IT. THROUGHOUT THE ENTIRETY THEY WILL HAVE FIVE COMMON SPACE LOTS, FIVE COMMON AREA SPACE

[00:25:04]

WITH THE REGULATIONS, THEY DO MEET THE OVERALL OPEN SPACE REQUIREMENT, THEY'RE PROVIDING 3.94 ACRES OPEN SPACE WITHIN THE CITY LIMITS AND OVER TWO ACRES IN THE WAXAHATCHIE AREA.

WE HAVE MORE OPEN SPACE THAN THE REST OF WAXAHATCHIE.

THE OVERALL DENSITY NOT EXCEEDING.

4EXCEEDING .74 FIGHT. >> TRENTON, IF I HAD MY BEARINGS RIGHT, THE GREEN SECTION A IS CURRENTLY AGRICULTURAL

UNDEVELOPED IS THAT CORRECT? >> CORRECT, ONE UNIT PER 74

ACRES. >> MY SECOND QUESTION IS UNDER PD 121, WHAT IS THE LOT SIZE THERE?

>> THE LOT SIZE IS VERY SIMILAR WHAT YOU WOULD SEE HERE.

THEY RANGE FROM ONE TO THREE ACRE LOTS.

>> MINIMUM ONE ACRE? >> THE MINIMUM AT THAT RANGE IS ACTUALLY THE APPLICANT WHO DEVELOPED PD 121 IS THE SAME APPLICANT WHO IS DEVELOPING THIS.

I'LL HAVE TO GO BACK AND LOOK. OFF THE TOP OF MY HEAD I CAN'T REMEMBER THE VARYING LOT WIDTHS. THEY'RE PRETTY WIDE LOTS.

ESPECIALLY OFTEN THAT PROPERTY. >> DO YOU KNOW WHAT THE MINIMUM

IS 1 ACRE? >> THE MINIMUM LOT SIZE FOR THIS DEVELOPMENT IS ONE ACRE. AND I BELIEVE IT RANGES ONE TO THREE ISSUES. I THINK THEY HAVE ONE THAT IS ACTUALLY OVER FOUR ACRES, 5 POINT SOMETHING ACRES.

>> OTHER QUESTIONS OF STAFF? IS THE APPLICANT PRESENT?

WOULD YOU LIKE TO SPEAK? >> SURE.

>> WHY NOT, RIGHT? NEED TO STATE YOUR NAME.

>> HUNTER GLASS, 5711 LIMESTONE LANE.

I THINK WHAT THEY'RE WORRIED ABOUT IS IF WE BUILD ONE ACRE LOTS AND SPLIT OFF AND LIKE TRAILER HOMES OR SOMETHING IN THE COUNTY. THAT'S NOT GOING TO HAPPEN BECAUSE WE'RE SELLING THEM ALL TO THE SAME GROUP.

THEY WOULDN'T WANT US TO HAVE SPECIAL DEED RESTRICTIONS FOR THAT ACREAGE AND ANOTHER DEED RESTRICTS TO ALLOW SPECIAL CRAP TO BE BUILT. THE ENTIRE THING WILL HAVE THE

SAME RESTRICTIONS. >> THANK YOU SIR.

>> HE JUST BROUGHT UP DEED RESTRICTIONS.

THAT IS ONE THING WE WILL BE REVIEWING THAT AS PART OF THE ORDINANCE THAT SUBMITTING A COPY OF THE HOMEOWNER DEED RESTRICTIONS FOR ENTIRE TRACT WHICH WE WILL BE ABLE TO REVIEW, REVIEW.Y OF WAXAHATCHIE CAN THAT SHOULD TIE IN ALL TOGETHER

AND USUALLY THEY MATCH. >> IF THERE'S NO OTHER DISCUSSION THEN I'D ENTERTAIN A MOTION TO CLOSE THE PUBLIC

HEARING. >> MOVE TO CLOSE.

>> SECOND. >> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING, ALL IN FAVOR AYE, ANYBODY OPPOSED? IT'S UNANIMOUS. FLOOR IS NOW OPEN FOR DISCUSSION

AND OR ACTION. >> I'LL MAKE A MOTION TO

[00:30:08]

APPROVE. >> WE HAVE A MOTION TO APPROVE.

IS THERE A SECOND? >> I WILL SECOND.

>> WE HAVE A MOTION AND SECOND. ANY FURTHER DISCUSSION OR QUESTIONS? ALL IN FAVOR, AYE, ANY OPPOSED?

[011 Conduct a public hearing and consider and act upon an ordinance to amend and restate in its entirety Planned Development No. 69 (PD-69), amending the land development regulations to include building setbacks and development articulation zones. The property is generally located at the intersection of Highway 67 and Miller Road and commonly known as the Midlothian Business Park. (Case No. Z32-2021-135).]

THE MIDLOTHIAN BUSINESS PARK. >> THANK YOU, THIS MIDLOTHIAN BUSINESS PARK, YOU ALL KNOW ME VERY WELL, WHENEVER I GET A PD IN FRONT OF ME I TRY TO CLEAR UP AS MUCH AS POSSIBLE.

MOST OF THE CHANGE IS THE CHANGE LANGUAGE THAT JUST DOESN'T MAKE SENSE. BUT THE REAL SUBSTANCE OF THE CHANGES IS THAT WITHIN THIS PD, IT'S VERY -- IT'S VERY UNIQUE TO THIS DEVELOPMENT, WHERE YOU HAVE A LOT WHERE YOU'LL HAVE TWO INTERNAL LOTS, HOW THE ORDINANCE RAN IN BETWEEN LOTS THEY WANTED TO HAVE A SHARED ACCESS ROAD OR A SHARED ACCESS EASEMENT THAT WOULD ALLOW FOR THEM INSTEAD OF HAVING TWO DIFFERENT DRIECHES WOULD ALLOW THEM TO HAVE JUST ONE INGRESS EGRESS POINT.

THIS ORDINANCE PREVENTS THAT, THEY ARE REQUIRED TO HAVE IN BETWEEN INTERIOR LOTS THAT ARE REQUIRED TO HAVE A LANDSCAPE MEDIAN IN BETWEEN THE INTERIOR LOTS BECAUSE THERE'S PROVISIONS THAT AREN'T REQUIRING A FIVE FOOT CONCRETE SET BACK.

ONCE AGAIN, WE GENERALLY DON'T PUT A -- THEY HAVE A BUILDING SET BACK AND THEY HAVE A CONCRETE SET BACK.

AND SO THAT REALLY PREVENTS SHARED ACCESS OF THE ABILITY OF THESE BUSINESSES TO HAVE A SHARED ACCESS.

SO THE PROPOSED AMENDMENT WE HAVE IN FRONT OF YOU IS TO ELIMINATE THAT FIVE FOOT CONCRETE SET BACK, IT WOULD ALLOW THEM TO HAVE A SHARED COMMON PARKING LOTS, HAVE COMMON ACCESS AREA, SHARED ACCESS EASEMENTS, IT WILL ELIMINATE FOR INTERNAL LOTS ONLY, IT WOULD ALLOW THEM INSTEAD OF HAVING MULTIPLE INGRESS EGRESS POINTS, ALLOWS A LOT OF BUSINESSES TO HAVE ONE POINT OF INGRESS EGRESS POINTS, EP ELIMINATING THE NUMBER OF DRIVES ON CHALLENGER, STAFF DOES RECOMMEND APPROVAL, WE DID NOTICE ALL PROPERTY OWNERS WITHIN200 FEET.

ZERO CAME BACK IN OPPOSITION. THE ARTICULATION ZONE WITHIN THIS PD, THERE IS A ARTICULATION ZONE, DEPENDING WHERE YOUR BUSINESS IS BEING DEVELOPED, WOULD YOU HAVE DESIGN STANDARDS THAT ARE DIFFERENT. THEY ARE REQUIRING MORE PROPERTIES TO ADHERE TO THOSE ARTICULATION REQUIREMENTS, THAN THERE WAS BEFORE. SO -- AND I CAN ANSWER ANY QUESTIONS THAT THERE ARE THIS TIME.

>> QUESTIONS OF STAFF? APPLICANT WISH TO SPEAK?

>> NO. >> OKAY.

>> I TAKE IT HE'S SHAKING HIS HEAD NO, SO IT'S NO.

>> ALL RIGHT IF THERE ARE NO OTHER QUESTIONS OR DISCUSSIONS, I'D ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MAKE A MOTION TO CLOSE. >> SECOND.

>> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING.

ALL IN FAVOR SAY AYE, ANYBODY OPPOSED?

>> MR. CHAIRMAN BEFORE YOU VOTE ON THIS MATTER I JUST NOTICED THE AGENDA READING AS YOU READ IT TALKS ABOUT THIS BEING AMENDED AND RESTATED IN ITS ENTIRETY.

THIS IS IN FACT NOT AN ENTIRE AMENDMENT AND RESTATEMENT.

IT IS JUST GOING TO BE AN AMENDMENT.

I WILL NOTE FOR THE RECORD THOUGH I DO NOT CONSIDER THAT TO BE A PROBLEM WITH PROCEEDING WITH VOTING ON THIS.

WE CAN AND WILL TAKE CARE OF FIXING THAT WHEN IT COMMENTS ON THE AGENDA FOR THE CITY COUNCIL MEETING.

>> SO WE DON'T NEED TO CHANGE THE MOTION WORDING OR ANYTHING?

>> NO, I WOULD JUST APPROVE, IF YOU ARE GOING TO RECOMMEND APPROVAL, JUST RECOMMEND APPROVAL OF THE ORDINANCE AS

PRESENTED BY STAFF. >> AND WE'VE ALREADY MADE THAT

CHANGE FOR COUNCIL. >> OKAY, I BELIEVE WE HAVE A MOTION AND SECOND TO APPROVE, IS THAT CORRECT?

NO? >> TO CLOSE THE PUBLIC HEARING.

>> OKAY, GO AHEAD. QUESTIONS OR DISCUSSIONS?

>> I MAKE A MOTION TO APPROVE AS STAFF PRESENTED.

>> SECOND. >> I HAVE A MOTION AND SECOND TO APPROVE. AS PRESENTED.

ANY QUESTIONS OR DISCUSSIONS? IF NOT ALL IN FAVOR AYE, ANYBODY OPPOSED? ITEM 012, CONDUCT A PUBLIC

[012 Conduct a public hearing and consider and act upon an ordinance amending the city of Midlothian Zoning Ordinance by amending Section 3.5100(a) “Residential Accessory Building Standards” to change the accessory structure building permit requirements (Case No. OZ08-2021-142).]

[00:35:02]

REQUIREMENTS. >> THANK YOU.

EVERY COUPLE OF YEARS AGO, IT IS A COMMON PRACTICE THAT AS THE NEW BUILDING CODE COMES INTO PLAY THE ADOPTIONS, ORDINANCES, REGULATIONS AND CHANGE THEM AS NEEDED.

WE ARE CURRENTLY IN THE WORKS OF AMENDING AND CHANGING OUR BUILDING CODE REQUIREMENTS TO MATCH THE -- TO ADOPT THE 2018 INTERNATIONAL BUILDING CODE REQUIREMENTS WITH THE REGIONAL COG EAMENTS. AMENDMENTS, THAT IS KIND OFTHE .

ONE OF THE REQUIREMENTS IS THAT ANY STRUCTURE GREATER THAN 200 SQUARE FEET ARE REQUIRED TO HAVE A BUILDING PERMIT.

PREVIOUSLY IN OUR ZONING ORDINANCE IT REQUIRED ALL STRUCTURES NO MATTER WHAT THE SIZE TO OBTAIN A BUILDING PERMIT BEFORE CONSTRUCTION. WE ARE AMENDING THE ZONING ORDINANCE TO BE CONSISTENT WITH THE BUILDING CODE THAT ANYTHING GREATER THAN 200 SQUARE FEET WOULD REQUIRE A BUILDING PERMIT.

SO YOU'RE LOOKING AT YOUR SHEDS, YOUR TUFF SHEDS THAT WOULD NOT REQUIRE A BUILDING PERMIT. WITH THAT THERE'S A CAVEAT, ALTHOUGH THEY'RE NOT REQUIRED TO PULL A BUILDING PERMIT, THEY ARE STILL REQUIRED TO MEET OUR REGULATIONS, SETBACKS, ET CETERA, ARCHITECTURAL REQUIREMENTS, ET CETERA, SO THEY WILL STILL BE REQUIRED TO MEET THOSE BUT THEY JUST DON'T HAVE TO PULL A PERMIT. AND THAT WILL ACTUALLY TAKE OFF A LOT OF WORK WHAT WE HAVE TO DO THROUGH PROCESSING THESE PERMITS. WE GO THROUGH A LOT OF SMALL STRUCTURES WHEN WE PERMIT THEM. ONE OF THE REASONS WHY WE HAD THIS ORDINANCE IN PLACE FOR SUCH A LONG TIME IS BECAUSE OF BUILDING MATERIALS AND I THINK WE HAVE OTHER ORDINANCES IN PLACE TO HELP OFFSET THOSE ISSUES THAT WE HAVE SUCH AS FENCE HEIGHT, THE FENCE HAS TO BE A CERTAIN HEIGHT, COUNCIL HAS DONE A GREAT JOB AT AMENDING THE ZONING ORDINANCE TO HELP PROTECT THE CITY LONG TERM PERTAINING TO THOSE.

WE DID -- THIS WILL BE SCHEDULED TO GO BEFORE THE CITY COUNCIL AT SOME POINT IN JULY. WE'RE STILL DISCUSSING THAT, TRYING TO MAKE THE BUILDING CODE DOCUMENTS GO AROUND THE SAME TIME. BUT STAFF DOES RECOMMEND APPROVAL AND CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> QUESTIONS OF STAFF? OKAY IF NOT I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOTION TO CLOSE. >> SECOND.

>> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING.

ALL IN FAVOR, ANY POST OFFICE? IT IS UNANIMOUS.

FLOOR IS NOW OPEN FOR DISCUSSION OR QUESTIONS.

>> I MAKE A MOTION TO APPROVE. >> SECOND.

>> MOTION TO APPROVE. AND SECOND.

ALL IN FAVOR, ANY OPPOSED? THIS IS UNANIMOUS.

WE WILL NOW MOVE BACK UP TO 008. CONDUCT A PUBLIC HEARING TO

[008 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a restaurant (over 1,000 square feet) with a drive-thru on Lot 3-B1, Block 1, of the Hawkins Meadows Commercial Addition, presently zoned Planned Development District No. 68 (PD-68) (Case No. SUP20-2021-138).]

>> ANY RESTAURANT OVER 1,000 SQUARE FEET DOES REQUIRE SPECIFIC USE PERMIT. AS WELL AS ANY ESTABLISHMENT THAT WISHES TO UTILIZE A DRIVE-THROUGH SERVICE, ALSO REQUIRES A SPECIFIC USE PERMIT. THE MR. APPLICANTS, STARBUCKS, WE DO CONSIDER A COFFEE SHOP UNDER OUR REGULATIONS AS A RESTAURANT. THE PROPOSED LOCATION FOR THIS IS LOCATED ON HAWKINS MEADOWS ROAD, RIGHT HERE IS A STRIP CENTER, WITH -- THERE'S MOD PIZZA, THERE IS ANY TIME FITNESS, THERE IS A DOCTOR'S OFFICE ON THIS END AND A NAIL SALON ON THIS END. THERE'S A 7-ELEVEN FURTHER SOUTH AND THERE'S TWO ADDITIONAL VACANT LOTS RIGHT HERE.

LOCATED SOUTH OF THE PROPERTY ARE SINGLE FAMILY RESIDENTIAL DWELLINGS THAT ARE ALL PART OF THE SAME PLANNED DEVELOPMENT DISTRICT AS THIS COMMUNITY RETAIL ZONED PROPERTY.

AS PART OF THE PUD, PLANNED DEVELOPMENT DISTRICT, WHEN THIS WAS ZONED, THIS STRIP RIGHT HERE, COMING ACROSS HERE, WAS SLATED FOR COMMUNITY FR RETAIL USES.

OVER HERE ALONG HAWKINS ROAD, THIS WAS SPECIFIC ABOUT GENERAL PROFESSIONAL OFFICE. AT THE SAME TIME THAT IS WHEN THIS WAS ALL REZONED AS SINGLE FAMILY RESIDENTIAL, ALL REZONED AT THE SAME TIME. THE PROPOSED STRUCTURE IS 2200 SQUARE FEET. THEY ARE USING VARIOUS OUTDOOR MATERIALS, SCREENING OF OUTDOOR MACHINERY THAT HELPS OPERATE THE

[00:40:11]

WHEN 7-ELEVEN CAME IN THEY HAVE SOMETHING SIMILAR, WE DIDN'T FEEL THAT WAS IMPACTED, WAS AGAINST WHAT THE ORDINANCE WAS TRYING TO STATE. THIS IS A TRICKY BUILDING DUE TO THE SIZE OF IT. WE HAVE VARIOUS ARTICULATION REQUIREMENTS. I DON'T KNOW IF THE APPLICANT IS HERE. I APOLOGIZE.

GOING THROUGH THESE NEW LOOK AT THE ARTICULATION REQUIREMENTS WHEN YOU ARE TRYING TO DESIGN A BUILDING, AND THIS IS ONE OF THE REASONS WHY WE'RE CHANGING OUR DESIGN REGULATIONS, THE ARTICULATION IS VERY HARD TO UNDERSTAND.

HOWEVER WHEN YOU ACTUALLY APPLY IT, IN SOME REGULATIONS LIKE THIS BUILDING SIZE IT MAKES IT LOOK OFFSET.

YOU MIGHT HAVE A SUPERTALL BUILDING AND A SUPERNARROW BUILDING, IT LOOKS ODD, I DON'T KNOW HOW ELSE TO SAY IT, IT WOULD LOOK ODD. THE OFFSET, WE HAVE WORKED WITH THEM QUITE A BIT TRYING TO OFFSET THE BUILDING HEIGHTS.

THROUGH THE DIFFERENT ELEVATIONS.

HOUSE BILL 2439, APPROVED IN 2019, WE CAN'T REGULATE BUILDING MATERIALS. HOWEVER ONE OF OUR SUGGESTIONS WAS TO USE DIFFERENT TYPES OF BUILDING MATERIAL TO BREAK UP THE FACADE TO SHOW DIFFERENT PATTERNS, ET CETERA, TO SOMEHOW CHANGE THE VIEW OF IT. WE'VE BEEN GOING BACK AND FORTHWITH THEM QUITE A BIT ON THIS AND THIS WAS THE FINAL DESIGN THEY DID SUBMIT TO THE CITY.

WE DO FEEL SOMETHING MORE SHOULD BE DONE TO BREAK UP THIS ELEVATION, I BELIEVE THIS IS UP AND DOWN LIEDING, THEY ARE USING UP AND DOWN LIEDING PER OUR SUGGESTION ET CETERA.

ONCE AGAIN THEY ARE GOING TO HAVE A DUMPSTER WITH PEDESTRIAN DOOR AS REQUIRED, PROPER SCREENED, MADE OUT OF BUILDING MATERIALS WHICH ARE SIMILAR TO, WILL RESEMBLE THE CONSTRUCTION OF THE PRIMARY STRUCTURE. THEY ARE EXCEEDING OUR LANDSCAPING REQUIREMENTS, KNOWING THERE IS SINGLE FAMILY RESIDENTIAL DIRECTLY TO THE SOUTH IS WE ENCOURAGING THEM TO DO ALL THEY COULD TO REALLY INCREASE THE AMOUNT OF LANDSCAPING THEY HAVE ABUTTING THE RESIDENTIAL TO THE SOUTH.

AND THAT'S SOMETHING THAT THEY DID DO.

THERE WILL BE AN EIGHT FOOT MASONRY WALL HERE, SIMILAR TO WHAT YOU SEE AROUND 7-ELEVEN AND MOD PIZZA, STRIP CENTER, MOD PIZZA AND L.A. FITNESS. THEY ARE INCREASING THE NUMBER OF TREES THAT IS REQUIRED, EXCEEDING OUR REQUIREMENT.

AS WE CONTINUE TO FURTHER DO AN ANALYSIS, ONCE AGAIN THIS IS OUR MONUMENT SIGNS, THESE ARE INTERNALLY LIT FROM WHAT'S PROPOSED. GENERALLY WE ONLY ALLOW FOR EXTERIOR LIGHTING, SO IT IS ANOTHER VARIANCE THREE ARE REQUESTING. THE COLOR OF THE SIGN, THIS MASONRY MATERIAL MATCHES THE CLOOR OF THE PRIMARY STRUCTURE.

COLOR OF THE PRIMARY STRUCTURE. THEY ARE GOING TO MEET THE LANDSCAPING REQUIREMENTS AROUND THE MONUMENT SIGN.

ONE THING YOU WON'T SEE ON THEIR PLAN IS THE LOCATION OF THE MONUMENT SIGN. WE TOLD THEM TO REMOVE IT.

THERE ARE VARIOUS REASONS FOR IT.

DUE TO VARIOUS THINGS SUCH AS UNDERGROUND LINES RUNNING THROUGH THERE THEY'VE HAD TO MOVE IT AND WE'VE HAD TO COME BACK THROUGH WHOLE PUBLIC HEARING PROCESS AGAIN.

WE PUT PROVISIONS OF THE FINAL LOCATION OF THE MONUMENT SIGN NEEDS TO BE APPROVED BY THE CITY ENGINEER AND PLANNING DIRECTOR AND WE'RE FINE WITH THAT AND THEY'VE BEEN GREAT TO WORK WITH ON THAT. THEY ARE EXCEEDING THE PARKING REQUIREMENT. THAN WHAT IS USUALLY PERMITTED.

THE TOTAL AMOUNT OF PARKING THEY ARE REQUIRING, GENERALLY THEY ARE REQUESTING 27 PARKING SPACES, 17 IF YOU LOOK AT THE BUILDING SIZE, THEY'RE EXCEEDING THE MAXIMUM BY 17 PARKING SPACES. WE DON'T FIND ANY ISSUE WITH THAT ESPECIALLY DUE TO THE TYPE OF USE, HOW MANY EMPLOYEES THEY WILL HAVE EMPLOYED AT STARBUCKS AT ANY GIVEN TIME, IF YOU ARE ONLY TO ALLOW THEM TO DO THE MAXIMUM PARKING REQUIREMENT THAT'S BASICALLY ALL THEIR EMPLOYEES AND WOULDN'T ALLOW FOR

[00:45:02]

THEN YOU RUN INTO THE ISSUE, WHERE DO THE CUSTOMERS PARK? THAT WAS PRETTY COMMON FOR THIS TIME OF USE.

ONE OF THE THINGS, THEY ARE SUPPOSED TO SHOW THEIR QUEUE.

THEY'RE SUPPOSED TO SHOW THEIR QUEUE ON THEIR SITE PLAN WHICH THEY DO, THEY HAVE NOTES SHOWING THAT IT PROVIDES FOR A SIX-CAR QUEUE. THEY CAN ACTUALLY PROVIDE MORE THAN A SIX-CAR QUEUE. BUT SOMEHOW WE HAVE RAN INTO ISSUES BEFORE, WE HAVE ANNAL EXISTING STARBUCKS IN MIDLOTHIAN THAT YOU ARE PROBABLY ALL FAMILIAR WITH ON HIGHWAY 67 FRONTAGE ROAD RIGHT HERE, LOOKING AT THE STARBUCKS LOCATION, WALMART TO THE NORTHEAST, YOU HAVE TACO CAST CASAAND A CHASE BANK HERE. YOU HAVE SINGLE FAMILY DIRECTLY TO THE EAST OF THIS PROPERTY. EVENTUALLY YOU'RE GOING TO HAVE SINGLE FAMILY AND MULTIFAMILY HERE.

FIRE STATION, YOU HAVE AN EXISTING MULTIPLE FAMILY COMPLEMENT UP HERE. THIS GIVES YOU AN IDEA OF WHAT'S GOING ON. THIS IS THEIR PROPOSED LOCATION, ONCE AGAIN ACROSS FROM THE KROGER DEVELOPMENT.

RESIDENTIAL TO THE WEST AND YOU'LL HAVE RESIDENTIAL TO THE EAST AS WELL, AND A NEW DEVELOPMENT RIGHT HERE.

RIGHT HERE ON THIS CORNER IS WHERE A BRAND-NEW SCHOOL SITE IS UNDER CONSTRUCTION. ONE OF THE CONCERNS WE LOOKED AT IS WE RECEIVE A LOT OF COMPLAINTS ABOUT THIS EXISTING LOCATION, AND THE DRIVE THROUGH QUEUE.

THAT IT BLEEDS OUT ONTO HIGHWAY 67, CAUSING VARIOUS ISSUES.

VARIOUS ISSUES AT DIFFERENT TIMES OF THE DAY.

DURING THE SUMMER, IT SEEMS TO CALM DOWN BUT WHEN IT'S SCHOOL TIME THOSE NUMBERS INCREASE. IN ACCORDANCE WITH THE AMERICAN AUTOMOBILE ASSOCIATION, THE AVERAGE CAR LENGTH IS 14.7 FEET.

IF YOU ARE TO LINE UP EACH ONE OF THESE UP RIGHT HERE WITH A CAR BUMPER TO BUMPER THIS IS 260 FEET FROM THE POINT OF ORDER TO THE -- WHERE IT ACTUALLY BLEEDS ON TO HIGHWAY 67.

YOU WOULD HAVE APPROXIMATELY, I APOLOGIZE, IT WOULD ALLOW FOR 17 CARS TO BE QUEUED AT THIS EXISTING SITE.

ONCE AGAIN THAT IS IF THEY ARE BUMPER TO BUMPER AND YOUR MEAN AVERAGE CAR LENGTH OF 14.7 FEET WITH NO SPACING IN BETWEEN.

ON THIS SITE, IT IS 297 FEET, A BIT LONGER.

AS YOU COME RIGHT HERE THERE IS A CROSS ACCESS EASEMENT RIGHT HERE THAT WILL SERVE THESE TWO BUSINESS HE HERE, LET ME GO BACK. A CROSS ACCESS EASEMENT RIGHT HERE THAT SERVES NOT ONLY THIS LOT, YOU CAN SEE THE ACCESS EASEMENT GOES ON THIS LOT, ALSO THIS LOT, THIS LOT, THIS DEVELOPMENT ALL THE WAY DOWN TO 7-ELEVEN.

IT IS SORT OF THIS WHOLE ENTIRE SITE.

>> EXCUSE ME, TRENTON. WOULD THAT BE EXTENDED ON THE

UNDEVELOPED PORTION? >> THE CROSS ACCESS EASEMENT

GOES ALL THE WAY ACROSS HERE. >> ONCE IT'S ULTIMATELY

DEVELOPED. >> YES.

CORRECT. THIS WAS BUILT EARLY ON, BECAUSE THIS CENTER HERE 7-ELEVEN ONLY HAD IT RIGHT HERE BUT THIS WAS ALSO BUILT BECAUSE OF WHEN THIS CAME IN SHORTLY AFTER 7-ELEVEN THEY'RE REQUIRED TO BUILD THE REST OF IT COMING OUT.

THEY COULD HAVE TWO POINTS OF INGRESS EGRESS.

I APOLOGIZE. 297 FEET, IF YOU WERE TO DO BUMP TORE BUMPER, YOU GET APPROXIMATELY 20 CARS, YOU COULD GET 20 CARS COMING IN FROM HERE ACROSS THE CROSS AXIS EASEMENT INTO HERE. EVEN THOUGH THIS ISN'T A CROSS AXIS EASEMENT, NEXT DOOR IS CHASE BANK.

IT IS NOT CROSS ACCESS EASEMENT, PEOPLE WILL USE IT, ALLOW PEOPLE COMING IN AND OUT, WE ASSUME THIS WOULD HAPPEN HERE, THAT PEOPLE WOULDN'T BE BLOCKING THIS.

JUST SOMETHING I WANT TO PAINT A PICTURE OF.

STARBUCKS, CHASE BANK AND TACO CASA.

I'M LOOKING AT PEAK HOURS, I BELIEVE THEY OPEN AROUND 9 A.M.

IF I'M INCORRECT I DO APOLOGIZE. WHEN WE REACHED OUT TO STARBUCKS THEY SAY THEIR PEAK HOURS ARE GENERALLY BETWEEN 7, 8 A.M.

I'M LOOKING TO THEM FOR CONFIRMATION.

[00:50:03]

>> 7 TO 10. >> 7 TO 10.

THAT IS SOMETHING WE WERE CONSIDERING AS WELL.

AND THEY SOMETIMES HAVE RUSH IN THE AFTERNOON BUT NOTHING COMPARED TO THE MORNING. IN THIS PROPOSED LOCATION, SEVEN LERCH PEAK HOURS ARE IN THE MORNING AS WELL.

SPORTS CLUBS WILL NOT BE A FACT. MARCO'S PIZZA, MOD'S IS RIGHT THERE. I'LL CHANGE THAT.

THAT'S EMBARRASSING. MARCO'S PIZZA, THANK YOU.

AND RIGHT DOWN THE STREET RIGHT HERE ONE OF OUR CONCERNS IS, IF THIS WOULD BE QUEUED COMING OUT HERE, HOW WOULD THAT IMPACT, ESPECIALLY WITH THE TRAFFIC COMING OVER HERE TO THAT NEW SCHOOL. ALL USING THE PEAK HOURS AT THE SAME TIME. THIS IS GOING TO IMPACT TRAFFIC DOWN HERE. THIS IS A PICTURE WE TOOK RECENTLY OF THE EXISTING STARBUCKS, THERE'S NINE CARS FROM THE POINT OF ORDER WHICH IS RIGHT HERE TO THE INGRESS EGRESS POINTS RIGHT HERE THIS IS THE ACCESS EASEMENT BASICALLY BETWEEN THESE TWO CARS. THERE'S NINE CARS AS CAN YOU SEE THEY'RE NOT ALL THE 14.7 FEET AND ON AVERAGE THERE IS APPROXIMATELY FIVE TO SEVEN FEET IN BETWEEN THESE TWO CARS SPACING. THESE ARE AERIAL IMAGES FROM 2017, SIMILAR RESULTS AS THE PICTURE WE TOOK LAST WEEK, SHOWING APPROXIMATELY NINE CARS IN THE EXISTING LOCATION, BLEEDING OUT IN HERE. SO ONE OF OUR CONCERNS ABOUT THIS OVERALL DEVELOPMENT IS THAT ALTHOUGH THEY CAN FIT 13 CARS IN THERE, THEY HAVE PROVIDE DOCUMENTATION FIT 13 CARS IN HERE WE'RE CONCERNED WITH EVEN IN A REAL SITUATION, SPACING, WHERE MIDLOTHIAN, WHERE THEY LIKE THEIR TRUCKS, WHERE WE HAVE A CONCERN THAT THIS IS GOING TO BLEED, POSSIBLY CONGEST THIS AREA CAUSING ISSUES WITH THIS DEVELOPMENT WITH MARCO'S PIZZA NOT MOD, 711, HAWKINS ROAD, TO THE EAST SIDE DIRECTLY TO THE EAST OF THIS DEVELOPMENT. DUE TO THESE REASONS, STAFF DOES RECOMMEND DENIAL OF THIS REQUEST.

WE HAVE NOTICED PROPERTY OWNERS WITHIN 200 FEET.

WITH THAT WE HAD -- SORRY I WROTE IT DOWN.

WE HAD TWO LETTERS COME BACK IN OPPOSITION THAT WERE DIRECTLY WITHIN THE 200 FEET. THAT HAS AN OPPOSITION OF 11.69% AND THEN WE RECEIVED AN ADDITIONAL FOUR NOTICES OUTSIDE THE 200 FEET. THE PEOPLE IN OPPOSITION WERE THE SINGLE FAMILY RESIDENTIAL TO THE SOUTH OF THE PROPERTY.

AND THIS DOES REQUIRE A PUBLIC HEARING.

THE APPLICANT IS HERE. I ASSUME WOULD LIKE TO SPEAKER.

AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU. >> CAN YOU GO BACK TO THE SITE, I THINK YOU JUST PASSED IT. CAN YOU COVER AGAIN THE SCREENING AT THE BACK OF THE PROPERTY?

>> YES, RIGHT HERE AS PART OF THE ORDINANCE IT IS REQUIRED A

MASONRY WALL. >> HOW HIGH?

>> EIGHT FEET SOME REQUIREMENT, EIGHT FEET MASONRY WALL.

>> IS THAT -- >> ON THE SOUTH SIDE.

LET ME PULL UP THE AERIAL, YOU CAN BETTER SEE THAT HAPPEN IT WOULD BE RIGHT HERE ABUTTING THE SINGLE FAMILY RESIDENTIAL

DEVELOPMENT. >> DO THEY HAVE RIGHT NOW -- IT IS MASONRY. EIGHT FOOT MASONRY WALL.

IN ADDITION THEY BUILT THAT ALONG AT THE SAME TIME THEY BUILT THE 7-ELEVEN ONE. WITH THAT THEY PUT IN, THEY ARE GOING TO PUT IN VEG TAKES, VARIOUS BUSHES, TREES, AND THAT'S PRETTY COMMON, AND THEY'RE PUTTING IN MORE I BELIEVE WHEN WE WENT BACK I THINK ONLY TWO WERE REQUIRED ON THE SOUTH PROPERTY LINE, AND THEY'VE INCREASE ED THAT BY MORE THAN DOUBLE. JUST A LITTLE BIT OVER DOUBLE THEY'RE INCREASING THE TREE REQUIREMENT AND THEY'RE INCREASING THE NUMBER OF TREES THAT ARE REQUIRED UP HERE.

>> CORRECT, THE VEGETATION ALL THE LANDSCAPING, YES, SIR.

>> OTHER QUESTIONS, STAFF? >> HAVE YOU HEARD FROM BUSINESS OWNERS, MARCOS, ANY TIME FITNESS?

>> I HAVE NOT HEARD FROM MOD PIZZA OR MARCO'S PIZZA, PRETTY COMMON PRACTICE. GENERALLY, HONESTLY I WOULD ASSUME I WOULD HEAR FROM THEM. IT'S VERY UNCOMMON TO HEAR FROM COMMERCIAL BUSINESSES ON OTHER COMMERCIAL DEVELOPMENT.

BUT WE HAVEN'T HEARD ANYTHING. >> I'M JUST WONDERING, IT SEEMS LIKE THAT WOULD BE A HIGH TRAFFIC AREA AND THERE ARE ONLY

[00:55:05]

TWO WAYS TO GO THROUGH THAT. >> I DON'T KNOW, JUST TO GO THROUGH THE CHAIN OF THEIR CORPORATION BUT JEAM, THOSE ARE SOME OF THE REASONS WHY WE PROBABLY HAVEN'T HEARD.

>> OTHER QUESTIONS OR COMMENTS OF STAFF.

>> QUESTIONS TO STAFF DENIED, COULD YOU GO BARK AGAIN AND

CLARIFY WHAT YOU SAID? >> ONCE AGAIN WE HAVE CONCERNS ABOUT THE ELEVATIONS BUT OUR -- ALTHOUGH WE HAVE CONCERNS ABOUT THE EVACUATION OUR MAJOR CONCERN IS ABOUT THE TRAFFIC.

AND THE POSSIBLE CONGESTION ISSUES OF WHAT WE ARE ALREADY SEEING ON HIGHWAY 67. WE JUST SEE THAT FEERCH IT IS 30 FEET LONGER AND MEASURING THE CARS, WE SEE THIS HAVING THE SAME ISSUE AS 67. AND ESPECIALLY WITH THE SCHOOL GOING YOU HAVE MORE RESIDENCES DIRECTLY ABUTTING THIS OR CLOSER BY. ALSO SOUTH OF THIS NOT ONLY YOU HAVE HAWKINS RIGHT HERE AND YOU HAVE LAWSON FARMS AND FURTHER DOWN, ALL SUBDIVISIONS FURTHER SOUTH.

AND SO WE ASSUME THAT PEOPLE WILL VISIT HERE.

BUT THAT'S ONE OF OUR CONCERNS IS IF YOU LOOK AT THE TWO LOCATIONS SIDE BY SIDE, THERE'S A DIFFERENT MAKEUP, WITH HOW MUCH TRAFFIC THEY SEE, AND EXISTING RESIDENTIAL OVER HERE, WE JUST FEEL THAT THERE WILL BE ADDITIONAL TRAFFIC ESPECIALLY DUE TO CLOSE PROXIMITY TO THE RESIDENTIAL.

>> WITHIN THAT PD, THIS IS WHAT IT'S DESIGNED FOR RIGHT?

ISN'T IT DESIGNED FOR RETAIL? >> FOR COMMUNITY RETAIL YES.

IF THE ISSUE WAS WITH UNDER A THOUSAND FEET, THEY COULD DO IT BY RIGHT. IT REQUIRES A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH SERVICE.

>> OKAY. >> (INAUDIBLE).

>> RIGHT. HONESTLY I'M NOT OPPOSED TO A RESTAURANT AS YOU WERE SAYING THIS WAS ORIGINALLY DESIGNED TO HAVE RESTAURANTS. I MEAN WE HAVE MARCO'S PIZZA THAT'S A RESTAURANT LOCATED JUST RIGHT AROUND THE CORNER.

I MEAN THAT'S WHAT -- WHEN THE ORIGINAL PD CAME IN THAT'S WHAT THE ORIGINAL INTENT FOR THIS PORTION WAS AND THAT'S WHY THEY MOVED THE GENERAL PROFESSIONAL OFFERS FURTHER TO THE EAST OF IT, SO -- OFFICE FURTHER TO THE EAST OF IT.

THEIR INTENT WAS TO HAVE RETAIL RESTAURANT USES RIGHT THERE.

>> I BELIEVE MARCO'S IS TAKE OUT ONLY, NOT EVEN A DRIVE THROUGH.

>> THAT'S RIGHT, IT'S TAKE OUT ONLY.

>> ISN'T THERE A STARBUCKS IN THE KROGER?

>> THERE IS A STARBUCKS BUT I LOOKED INTO THAT AND THAT'S A VERY COMMON THEME. IT'S TWO DIFFERENT CLIENTELE THAT THEY'RE SERVING AND I'LL LET THEM ANSWER THAT.

THEY HAVE ONE RIGHT ACROSS THE STREET.

YOU GO ANYWHERE WHERE THERE'S A KROGER OR SHOPPING CENTER IT'S VERY COMMON TO SEE SUPERCOMMON I CAME TO FIND OUT THAT YOU'LL SEE A STARBUCKS DOWN ON THE STORE WHEN THERE'S ONE INSIDE THE GROCERY STORE. THAT WASN'T ONE OF MY CONCERNS.

IT'S A DIFFERENT CLIENTELE FROM WHAT WE FOUND.

THEY ARE HERE, THEY WOULD BETTE- >> EXCUSE ME SIR WE'LL BRING YOU

UP IN JUST A MINUTE. >> SO REAL QUICK.

IS THIS IN ADDITION TOTE -- IS THE EXISTING STARBUCKS STAYING

IN PLACE? >> THAT'S STAYING IN PLACE.

I WAS JUST TRYING TO DO A COMPARISON.

>> OSCAR. OKAY SO THIS IS IN ADDITIONTO.

>> SO WE'LL HAVE TWO STARBUCKS. >> I GUESS GOING BACK TO THE RESTAURANT I MEAN THAT'S WHAT THAT'S DESIGNED FOR BUT WHAT'S CONCERNING TO ME IF IT WAS A RESTAURANT THAT JUST HAD PARKING FOR ITS CUSTOMERS WHERE YOU DIDN'T BLOCK LIKE THE DRIVE THROUGH THERE, THAT WOULDN'T CONCERN ME SO MUCH.

BUT IF YOU LOOK AT THE OTHER FACILITY AND THE PICTURES WE SAW THERE, YOU KNOW THE TRAFFIC'S GOING TO BACK UP OUT ON THE STREET. HOW ARE THESE PEOPLE FROM THE BUSINESSES GOING TO GET OUT BACK TO THERE? THAT'S A CONCERN TO ME, VERY MUCH A CONCERN TO ME BECAUSE IT IS LIMITED. AND I GUESS THAT'S MY HANGUP.

IT'S NOT THAT IT'S A RESTAURANT. IT'S THAT THE TRAFFIC IS GOING TO CREATE LIKE THAT, IS WHAT'S CONCERNING TO ME.

ANYTHING ELSE FROM STAFF? SIR, IF YOU WOULD LIKE TO COME UP AND IDENTIFY YOURSELF OR MA'AM.

>> HI? I'M SHELLY ANDERSON, I'M THE STORE DEVELOPMENT MANAGER FOR STARBUCKS.

I HANDLE THE DEVELOPMENT FOR STARBUCKS AND VFW IN MOST OF THE

[01:00:06]

WE WANT TO PARTNER WITH YOU AND ALL OF THE COMMUNITY TO FIND ANOTHER LOCATION HERE IN THE COMMUNITY AND HAVE A BEAUTIFUL PATIO, HAVE A BEAUTIFUL CAFE WHEN EVERYBODY'S BACK IN CAFES AGAIN AND HAVE A GOOD MEETING PLACE AND T THE DRIVE THROUGH CUSTOMER. I'M VERY EXCITED TO SEE YOU POINT OUT ALL THE PROBLEMS WE'RE HAVING AT OUR EXISTING STORE.

THAT STORE HAS BEEN WILDLY MORE SUCCESSFUL THAN WE EVER THOUGHT IT WOULD BE AND WE NEED TO GIVE IT SOME RELIEF.

WE NEED TO OPEN ANOTHER STORE TO GIVE CUSTOMERS ANOTHER PLACE TO GO. THAT ORIGINAL STORE WAS NOT DESIGNED TO HOLD THE AMOUNT OF TRAFFIC THAT IT'S HOLDING TODAY.

YOU CAN LOOK AT THE SITE PLAN AND SEE THE WAY THE PARKING'S CONCONFIGING'SCONFIGURED, THE WG IS CONFIGURED.

STOP BACKING UP ONTO THE FREEWAY AND PROVIDE A BETTER EXPERIENCE FOR CUSTOMERS ON THAT SIDE OF TOWN BUT ALSO PROVIDE A GOOD EXPERIENCE FOR CUSTOMERS ON THIS SIDE OF TOWN THAT WE HAVE LOOKED AT A NEW CONFIGURATION. WE HAVE MORE SPACE, MORE PARKING. THE DRIVE THROUGH LANE AND THE PARK ARE NOT CONFLICTING WITH EACH OTHER THAT'S PART OF THE PROBLEM AT THE EXISTING STORE. EVERYBODY IS RUNNING INTO EACH OTHER AND THINGS ARE BACKING UP AND SLOWING DOWN.

THEY'RE SLOWING DOWN OUT ON THE STREET WHICH MEANS WE'RE SLOWING DOWN IN THE STORE. WE'RE NOT AT EFFICIENT AS WE CAN BE EITHER. THIS NEW STORE HAS PARKING OUTSIDE OF THE DRIVE THROUGH LANES SO THE PEOPLE IN THE DRIVE THROUGH LANE CAN STAY IN THE DRIVE THROUGH LANE.

THE PEOPLE PARKING CAN COME IN AND OUT AND CIRCULATE THE STORE.

THIS NEW STORE WILL ALSO HAVE OUR MOP, I DON'T KNOW IF ANYBODY'S USING THE STARBUCKS APP BUT OUR MOP, MOBILE ORDER AND PAY, IS A CHANNEL FOR THE CUSTOMER THAT DOESN'T WANT TO SIT IN THE DRIVE THROUGH LANE THAT CAN GET IN AND OUT AS QUICKLY AS POSSIBLE. DEDICATED PARKING SPACES THOSE FOLKS CAN GET IN AND OUT AND NOT ADD TO THE DRIVE THROUGH STACK.

SO NOT ONLY DO WE HAVE A LONGER DRIVE THROUGH STACK THAN WE NORMALLY WOULD DO HERE, BUT THE PARKING THE FLOW AROUND THE DRIVE THROUGH STACK WE'RE TRYING BIGGER SITES TO GET EVERYBODY TO FLOW TOGETHER AND NOT BACK UP. WE DON'T WANT TO BACK UP ON IF STREET EITHER, WE DON'T WANT TO CAUSE PROBLEMS WITH ANYBODY EITHER. WE GET INTO BATTLES IN ANGLES OUTSIDE THE CITY. WE WANT TO MAKE SURE WE ARE SELF CONTAINED AND IF WE CAN SET OURSELVES UP IN THIS WAY OUR BARISTAS CAN OFFER QUICKER. IF WE CAN MOVE OUR SPEAKER A LITTLE BIT FURTHER FROM THE WINDOW WE CAN MAKE THE DRINKS QUICKER AND WHEN THEY GET TO THE WINDOW THEY ARE GONE, THEY MOVE FASTER. WE'VE DONE A LOT OF OPS ENGINEERING TO MAKE SURE THIS IS THE FASTEST WAY, BEST WAY TO FLOW PEOPLE AS QUICKLY AS POSSIBLE BECAUSE NOBODY WANTS TO WAIT. SO WE SET THIS SITE UP TO MOVE QUICKLY, AND THEN ALSO, GIVE RELIEF TO THE OTHER SITE TO SERVE THE COMMUNITY BETTER. I COMPLETELY UNDERSTAND THE CONCERNS FROM THE RESIDENTS BEHIND US.

WITH SPEAKER VOLUME, AND ANY KIND OF TRASH, OR ANY KIND OF NOISE. WE'RE DOING EVERYTHING WE CAN TO WORK AGAINST THAT AS WELL, AS FAR AS SETTING UP THE SPEAKERS SO THEY'RE NOT FACING THE RESIDENTS.

OUR SPEAKER SYSTEM HAS TECHNOLOGY THAT LOWERS THE VOLUME, WHEN IT'S QUIET AT NIGHT, THE SPEAKER VOLUME GOES QUIETER AT NIGHT TOO. SO WE HAVE DIFFERENT TECHNOLOGY AROUND OUR SPEAKER SYSTEMS. WE ARE POSITIONED AROUND RESIDENTIAL HOMES IN SEVERAL LOCATIONS AND WE UNDERSTAND THAT. WE DON'T WANT TO BE A THORN IN ANYBODY'S SIDE. WE WANT SOMEONE THAT LIVES BACK THERE TO SAY I CAN WALK AROUND THE CORNER AND GO SIT ON THE PATIO, AND NOT, I HAVE A STARBUCKS SITTING BEHIND ME.

WE HAVE WORKED HARD MAKING SURE WE CAN FLOW EVERYBODY, KEEPING OUR PROPERTIES CLEAN, HAVE THE DUMPSTER ENCLOSURE LOOK NICER.

WE ARE TRYING TO HAVE A BETTER ENVIRONMENT FOR EVERYBODY COMING TO THE FACILITY AND AROUND IT. IF YOU HAVE SUGGESTIONS, I WANT TO HEAR THEM. LET'S NOT WORK ON THEM TOGETHER,

NOT JUST PART WAYS. >> WHAT TIME DOES THIS STORE

OPEN? >> DEPENDING ON THE ENVIRONMENT,

IT WILL BE BETWEEN 5 AND 6 A.M. >> OKAY.

THEN BETWEEN THEN AND 10:00, IS 60% OF YOUR DAILY PRACTICE?

>> NO, I WOULD SAY BETWEEN 8 AND 10:00 IS 60%.

[01:05:05]

8 A.M. AND 10 A.M. IS OUR PEAK. >> YOUR PEAK PERIOD.

A LOT OF CARS. >> ONE OF THE OTHER THINGS THIS SITE IS ACTUALLY SET UP, IT IS THE HOLDING CAPACITY OF THIS SITE IS TO RUN 70, 75 CARS THROUGH HERE.

WE'RE ONLY PROJECTING THAT WE'RE GOING TO RUN 50 CARS THROUGH HERE AND THAT IS TAKING INTO ACCOUNT THE AMOUNT OF TRAFFIC THAT WE'RE RUNNING THROUGH EXISTING STORE.

IS SO WE HAVE FULL CONFIDENCE THIS IS GOING TO BE A REALLY SUCCESSFUL STORE AND IT'S GOING TO BE BUSY.

WE'VE SET THE DRIVE LANE THE WAY IT HAS, WE DON'T THINK IT'S GOING TO BE A BELOW AVERAGE STORE, WE KNOW IT'S GOING TO BRING IN A LOT OF TRAFFIC. WE'VE STRIDE TO SET OURSELVES UP FOR SUCCESS BUT THE HOLDING CAPACITY OF THE SITE IS WAY MORE THAN WE'RE ACTUALLY PROJECTING WE'RE GOING TO RUN THROUGH HERE.

>> WHAT TIME DO YOU ANTICIPATE THE STORE CLOSING?

>> IN THE EVENING BETWEEN 9 AND 10.

AND WE SOMETIMES WILL, IF WE'RE REALLY -- IF WE SEE THAT WE DON'T HAVE A CUSTOMER COMING IN AT THAT POINT, WE'LL CLOSE A

LITTLE EARLIER IF WE NEED TO. >> IS THERE A PROTOTYPE LIKE THIS ANYWHERE EXISTING THAT YOU HAVE HAD A TEST RUN TO SEE HOW

TRAFFIC IS FLOWING THROUGH? >> YES.

THIS IS ONE OF OUR NEWER PROTOTYPES, IF YOU SEE A STORE THAT'S OPENING UP THIS YEAR OR YOU'VE SEEN ONE OPEN UL IN THE OPEN UP IN THELAST 90 DAYS, SOME BY, THIS IS ONE OF THE THINGS WE'VE TALKED ABOUT INTERNALLY WHEN WE ANGLE OUR PARKS LIKE THIS AND WE GIVE OURSELVES WHAT WE CALL A BYP BYPASS LANE, WE CE THE SITE TO BE ONE WAY, IF SOMEBODY SAYS, OH MY GOSH THAT DRIVE THROUGH LANE IS TOO LONG, THEY HAVE ROOM TO DRIVE AROUND US. IF SOMEBODY GOES INTO PARK TO GO INTO THE MOP OR THEY WANT TO HAVE A MEETING OR SIT IN THE CAFE OR WHATEVER, IF THE DRIVE THROUGH LANE IS BACKING UP THEY CAN STILL PARK GO IN AND OUT AND CIRCULATE AROUND US.

ANYONE CAN CIRCULATE AROUND US EVEN WHEN THE DRIVE THROUGH IS

BUSY. >> YOU HAVE THAT SIGN THAT SAYS CURRENT -- YOU CAN'T DRIVE THROUGH THE DRIVE THROUGH LANE? FROM NO. THE WAY IT'S SET UP WE DON'T HAVE THAT FUNCTION AND WE HAVE A SHORTER DISTANCE FROM THE WINDOW TO THE ORDER POINT. WHICH MEANS INSIDE WE'RE NOT MOVING AS QUICKLY AS WE CAN. YOU -- NOT VERY WELL.

CAN YOU ESCAPE IT BUT WITH THAT PARK THERE YOU HAVE PEOPLE THAT ARE PARKING THAT HAVE GOTTEN TRAPPED.

I'VE GOTTEN TRAPPED. I'VE GOB TO THAT STORE, I GUESS I'M SITTING HERE FOR A WHILE, SOMEBODY WHO WANTS TO GO IN CAN'T GO IN BECAUSE THAT PARKING GETS FULL.

>> WHAT BERNLG OF DRIVE THROUGH IS THE BUSINESS?

>> 60. >> SO IF I'M LOOKING AT THE EXISTING LOCATION CORRECTLY, THE QUESTION I JUST ASKED, IT LOOKS TO ME LIKE THERE IS A DRIVE THAT GOES AROUND THE BUILDING.

>> YOU'RE RIGHT YOU CAN BUT NOT ALL THE PARKED CUSTOMERS, THE PARKED CUSTOMERS CAN GET STUCK. YOU CAN CIRCULATE AROUND THE

BUILDING. >> WHEN IT'S FULL THE PROBLEM BECOMES IF YOU CIRCLE AROUND AND LET'S SAY PARKING IS FULL OVER IN THE FRONT AS WELL THERE'S ONLY ONE WAY TO GET OUT OF THERE AND THAT'S GO BACK OUT ON THE SERVICE ROAD.

YOU MIGHT BE ABLE TO GO BACK AROUND THE BANK AND CIRCLE AROUND BUT IT WOULD BE VERY DIFFICULT TO GO AROUND AND GO OUT TOWARDS WALMART. IT CREATES A TRAFFIC PROBLEM.

>> WHEN THAT STORE IS BUSY IT'S A CHAL.

IT'S A BIG CHALLENGE AND WE SEE THAT.

WE SEE I MEAN, IT'S REALLY SUCCESSFUL BUT IT'S TOO SUCCESSFUL. WE DON'T BUILD OUR STORES TO DO THAT KIND OF VOLUME SO WE'RE TRYING TO NOW BUILD OUR SITES BIGGER SO WE CAN CIRCULATE EVERYBODY QUICKER.

AND EASIER SURFACING. >> THIS MIGHT BE A WEIRD QUESTION BUT IF YOU WERE TO ESTIMATE YOUR PERCENTAGE OF CUSTOMERS THAT GET FORCED INTO THE DRIVE THROUGH LINE BECAUSE OF LACK OF ACCESS TO PARKING, WHAT WOULD YOU SAY THAT WOULD BE

AT THE STORE? >> THAT'S A GOOD QUESTION.

I HONESTLY DON'T KNOW BUT THAT'S A GOOD QUESTION.

YOU'RE EXACTLY RIGHT. IF YOU CAN'T CIRCULATE YOU KIND

OF DON'T ALWAYS HAVE A CHOICE. >> OTHER QUESTIONS OF THE APPLICANT? OKAY MA'AM, THANK YOU VERY MUCH.

>> ONE MORE QUESTION. WHETHER WE WERE LOOKING AT THE FACADES AND EVERYTHING, IS THIS YOUR NEW STANDARD WHAT YOU'RE SHOWING HERE OR IS THERE SOMEWHERE WHERE THIS EXACTLY

STYLE IS BEING USED OR -- >> THIS IS ACTUALLY ABOVE AND BEYOND OUR NEW STANDARD TO BE HONEST.

OUR NEW STANDARD IS A LITTLE BIT DIALED DOWN.

[01:10:01]

WE HAVE CERTAIN BRAND STANDARDS THAT WE ABIDE BY, WE WANT EVERYONE TO SEE THE SIREN DISK AND SEE, OH THAT'S US.

WE WANT TO HAVE AN IDENTIFIABLE SIREN DISK.

WE WANT THE FULL PATIO COVERING FOR RAIN, TEXAS HEAT, WE HAVE FANS ALL OVER THE PATIO, IT IS SOMEWHAT OF A COMFORTABLE ATMOSPHERE, WE HAVE REALLY NICE UMBRELLAS ON THE PATIOS, IT IS AN EVALUATED EXPERIENCE AT THIS LOCATION AND THE OTHERS THAT

I'VE BEEN DOING. >> ALL THE OUTDOOR PATIO SPACE

WOULD BE AT THE FRONT? >> YES.

WE DID THAT IN ORDER TO CREATE MORE WIDTH IN THE SITE SO PEOPLE CAN FLOW BETTER. WE HAVE SOME SITES WHERE THE PATIO COME OFF THE SIDE WHERE YOU HAVE A WIDE ENOUGH SPACE.

BUT THIS SITE WE WERE TRYING TO MAKE SURE WE HAD ENOUGH SPACE OR

THE CARS. >> OTHER QUESTIONS? THANK YOU MA'AM. I DO HAVE ONE CITIZEN PARTICIPATION FORM THAT'S BEEN SUBMITTED TO ME SO FAR THAT WANTS TO SPEAK, GABRI GABRIELLA MANCUSO.

>> MY NAME IS GABRIELLE MANCUSO. I'M ONE OF THE RESIDENTS THAT WOULD BE AFFECTED BY THIS DRIVE-THROUGH RESTAURANT.

MY BACKYARD WOULD BE ONE OF THE ONES THAT IT WOULD ACTUALLY BORDER THE DRIVE-THROUGH, AS WELL AS SOME OF THE OTHER NEIGHBORS IN THE HAWKINS MEADOW NEIGHBORHOOD.

AND I'M EXTREMELY CONCERNED ABOUT THE TRAFFIC.

THE NOISE AND THE SMELLS FROM THE DUMPSTER.

ADDITIONALLY, THE GARBAGE AND DUMPSTER WILL ATTRACT RODENTS THAT WILL INEVITABLY CAUSE PROBLEMS WITH OUR HOMEOWNERS AND WE CAN EXPECT SOME OF THAT TRASH TO COME INTO OUR BACKYARD.

WE'VE HAD SOME OF THAT SAME ISSUE WITH THE 7-ELEVEN.

MORE IMPORTANTLY, HOMEOWNERS WILL HAVE AN EXTREMELY DIFFICULT TIME TRYING TO SELL A HOME THAT HAS A DRIVE THROUGH RESTAURANT BORDERING THEIR BACK FENCE AND BEING 200 FEET FROM THEIR RESIDENCE. THIS IS GOING TO BE OPEN 5 A.M.

TO 10 P.M. AT NIGHT AND SO WE'RE ASKING THE PLANNING DEPARTMENT TO PLEASE OPPOSE THE APPLICATION AS IT WILL BE DETRIMENTAL TO MANY OF OUR HOMEOWNERS. THANK YOU.

>> THANK YOU MA'AM. WE DO HAVE ONE OTHER SPEAKER, DANIEL SAY. IF YOU WOULD SIR STATE YOUR NAME

AND ADDRESS. >> MY NAME IS DANIEL SAY, 201 TIMBERLINE DRIVE. I WILL AFFECTED I BELIEVE THE MOST OUT OF ANYONE OF THIS STARBUCKS.

I NOTICED THE DUMPSTER IS GOING TO BE RIGHT THERE IN THE BACK, RIGHT UP AGAINST MY FENCE. SO I WILL HAVE TO DEAL WITH THE STENCH OF TRASH NONSTOP LET ALONE THE RODENTS LIKE SHE SAID.

MY BEDROOM IS RIGHT IN THE BACK, RIGHT THERE, BACK CORNER SO I'M CLOSEST TO THAT TRASH. I'M GOING TO HAVE TO DEAL WITH TRASH FLYING OVER, I'M GOING TO HAVE TO DEAL WITH THE NOISE OF VEHICLES LIKE HE STATED. PEOPLE IN TEXAS LOVE THEIR TRUCKS AND WITH TRUCKS COME LOUD MOARLTS.

I'M GOING TO HAVE TO DEAL WITH THAT NOISE FROM 5 TO 10:00.

I HAVE MY BACK PORCH I HAVE KIDS, THAT'S PRETTY MUCH NOT GOING TO BE USED ANYMORE, THE BACK PORCH, I'M GOING TO HAVE TO DEAL WITH THAT STUFF. THE TRAFFIC IS GOING TO BE TERRIBLE AT THE CORNER. I BOUGHT THIS HOUSE AND NOW THE VALUE I BELIEVE WILL BE GOING DOWN, IF THIS STARBUCKS IS THERE. I'LL PROBABLY HAVE A HARD TIME SELLING IT WITH A STARBUCKS WAND TO COME AROUND AND BE ON THEIR PATIO. I WANT TO BE ON MY PATIO AND NOW I'M NOT GOING TO BE ABLE TO DEAL WITH IT.

I'M GOING TO LISTEN TO EVERYBODY'S ORDERS FOR COFFEE.

I KNOW HOW MANY CREAMERS YOU GUYS WANT HOW SUGARS, THE KROGER'S THERE HAS A STARBUCKS SO, THEY WERE SAYING THEY'RE CLOSE BY. I KNOW A COUPLE OF MONTHS AGO YOU GUYS, WE DID A CAR, WAS GOING RIGHT THERE NEXT TO MOD PIZZA, THAT'S A GREAT LOCATION, I DON'T MIND IF IT GOES THERE.

[01:15:04]

I'M PRETTY SURE IF I ASKED YOU GUYS, CAN I PUT A STARBUCKS IN MY BACKYARD, HOW WOULD YOU FEEL? THANK YOU OR THE YOUR TIME GUYS.

>> THANK YOU SIR. I THINK THE COMMISSIONERS HAVE THE REST OF THESE IN FRONT OF THEM, I'M NOT GOING TO READ THEM INTO THE RECORD, BUT I WILL SAY WE HAVE LETTERS OF OPPOSITION FROM DARK MANACUSCO, GRACE ROBLES, STEVE ROBLES, GABRIELLE, WHO SPOKE, BRYCE CARRUTHERS AND GUADALUPE.

SAY. I BELIEVE THAT IS ALL WE HAVE.

WAS THERE ANYBODY ILLS ELSE THAT WANTED TO SPEAK THAT DIDN'T SIGN UP? IF NOT, I WOULD ENTERTAIN A MOTION THEN TO CLOSE PUBLIC HEARING.

>> SO MOVE TO CLOSE. >> SECOND.

>> MOTION AND SECOND TO CLOSE PUBLIC HEARING.

ALL IN FAVOR? AYE.

OPPOSED. IT IS UNANIMOUS.

FLOOR IS NOW OPEN FOR DISCUSSION AND/OR MOTION.

>> PERSONALLY, I THINK THAT A STARBUCKS WOULD DO GREAT IN THAT AREA. I JUST -- I JUST DON'T LIKE EXACTLY WHERE YOU'RE TRYING TO PUT IT.

I WOULDN'T WANT IT IN MY BACKYARD LIKE THIS GENTLEMAN JUST SAID. SOMEWHERE IN THAT AREA WOULD BE GREAT. BUT I DON'T THINK ANYWHERE ON THAT PROPERTY IS GOING TO WORK. FOR THE STARBUCKS OR FOR ANY COMMON DRIVE THROUGH RESTAURANT, HONESTLY.

SO I'D LIKE TO HEAR WHAT EVERYBODY ELSE HAS GOT TO SAY.

>> IS YOUR CONCERN THAT IT'S A DRIVE THROUGH OR A RESTAURANT?

>> DRIVE THROUGH. >> YOU'LL HAVE THE CONCERN WITH DUMPSTERS FOR A RESTAURANT IN GENERAL.

>> THE DRIVE THROUGH IS MY MAIN CONCERN.

>> FAIR ENOUGH. >> AGAIN I GO BACK TO WE SEE WHAT THE TRAFFIC DOES AT THE OTHER ONE.

YOU KNOW IT'S GOING TO BACK UP ON THE ROAD.

IT'S GOING TO BE DURING A TIME WHEN SCHOOL IS GOING ON, THAT'S NOT GOOD. ANOTHER THING THAT IS A CONCERN TO ME, AT THE INTERSECTION THERE IS NO LIGHT.

YOU TAKE YOUR LIFE INTO YOUR HANDS TRYING TO PULL OUT FROM HAWKINS RUN TO 287. WITHOUT ANY KIND OF A TRAFFIC

SIGNAL CONCERNS ME GREATLY. >> I WILL KIND OF SPEAK ABOUT THE TRAFFIC LIGHT. I KNOW THERE'S BEEN STUDIES ON FM 663. BUT NOT REALLY SURE THAT EVEN IF THE USE IS REQUIRED, I THINK TEXAS IS THE ONLY ONE THAT COULD PULL THAT TRIGGER. I HONESTLY DON'T KNOW THAT BY ADDING A STOPLIGHT IF THE APPLICANT WOULD BE ABLE TO ADD A

STOPLIGHT THERE OR NOT. >> I AGREE WITH THAT AND MY POINT IS THAT IT SHOULDN'T BE THE CITY'S RESPONSIBILITY.

WE MAY NOT BE ABLE TO DO ANYTHING TO GET A LIGHT PUT THERE BUT WE CAN DO SOMETHING ABOUT THE TRAFFIC AND KEEPING

THIS LESS DANGEROUS. >> I CHECKED THAT WHOLE COMMERCIAL AREA WAS ALL ZONED, WAS THAT DOESN'T AT THE SAME

TIME THE RESIDENTIAL AREA WAS? >> CORRECT, YES WHEN HAWKINS MEADOW WAS ORIGINALLY ZONED I BELIEVE IT WAS AGRICULTURAL BEFORE. I BELIEVE THAT WAS THE BASE.

THAT'S WHEN THIS WAS ALL REZONED ALL THE WAY TO THE GENERAL DOWN TO THE CORNER RIGHT WHERE YOUR HEAD WOULD BE.

>> IT WAS ALWAYS KNOWN THAT WAS GOING TO BE COMMERCIAL USE?

>> RIGHT, I BELIEVE THIS PORTION WAS ALSO COMMUNITY RETAIL IF I'M NOT MISTAKEN. BUT THEN THIS WAS MADE GENERAL PROFESSIONAL AND THIS PORTION WAS MATE COMMUNITY RETAIL.

>> SO IT'S NOT LIKE IT'S CHANGED SINCE THOSE RESIDENTS HAVE BEEN

THERE? >> CORRECT.

>> I HAVE A PROBLEM WITH THE EXPECTED TRAFFIC.

BELIEVE IT OR NOT I'M ACTUALLY A MEMBER OF THAT GYM.

IS AND THE ONLY WAY YOU CAN GET IN IS THROUGH THERE OR THROUGH 7-ELEVEN. AND I DON'T THINK YOU'RE GOING TO BE ABLE TO USE THAT ENCUMENTRANCEIF THERE'S A STARB.

ESPECIALLY IN MORNING TIME WHEN YOU ARE GOING TO GO OVER TO WORK OUT. I DON'T HAVE A PROBLEM WITH A REGULAR RESTAURANT THERE THAT DOESN'T HAVE A DRIVE-THROUGH THAT WOULDN'T HAVE THE NOISES AND THE LIGHTS AND EVERYTHING THAT WOULD AFFECT THE HOMEOWNERS BEHIND THEM AS WELL.

SO I DON'T HAVE A PROBLEM WITH ANOTHER STARBUCKS, JUST NOT

HERE. >> IS THAT GOING TO BE THE ONLY ENTRANCE AND EGUESS ON THAT SIDE?

>> CORRECT. >> THERE'S NOT ANOTHER ONE GOING

TO BE FURTHER DOWN? >> NO, THERE'S TOO MUCH INGRESS,

[01:20:03]

THE HARD PART ABOUT THIS PROPERTY IS DUE TO ITS -- I MEAN THIS IS ORIGINALLY REZONED, I HAVE SOMETHING WE TALK ABOUT QUITE A BIT DUE TO THAT SPACING THAT'S REQUIRED BETWEEN DRIVEWAYS. YOU DON'T WANT TOO MANY, WE'RE ABLE TO GET THESE LINED UP, YOU START RUNNING INTO A LOT MORE ISSUES. ONE THING WHEN THIS WAS ORIGINALLY BEING ZONED WAS, WE DIDN'T WANT THIS BLED INTO THE EXISTING RESIDENTIAL HAVING INGRESS EGRESS INTO THE ARE EXISTING RESIDENTIAL. WE REALLY WANTED TO KEEP THESE SEPARATE WHEN THIS WENT THROUGH ORIGINAL ZONING PROCESS.

>> I'M NOT SURE HOW MANY OF YOU WERE ON THE COMMISSION AT THE TIME, IN FACT I DON'T THINK ANY OF YOU WERE ON THE COMMISSION AT THE TIME, WHEN THE 7-ELEVEN CAME IN THEY WERE ORIGINALLY GOING TO BE ON THE CORNER. AND THERE WAS SOME SIGNIFICANT OPPOSITION TO THAT BECAUSE OF THE DRIVE ENTRANCES THAT WERE GOING TO BE REQUIRED, HAD THAT CASE, THEY ACTUALLY ENDED UP PUSHING DOWN SOUTH TO CREATE THAT SITUATION.

BUT IT STILL RESULTED IN THE NEED FOR THE SECOND ACCESS BECAUSE OF THE PROXIMITY TO THE INTERSECTION.

AND THAT WAS ALSO PART OF THE MOTIVATION FOR HAVING TO DID THAT CROSS-ACCESS ALL THE WAY DOWN TO WRIT LINED UP WITH KROGER DRIVE. SO ACCESS IF AND OUT ALWAYS HAS BEEN A HARD THING TO WORK OUT NO MATTER WHO WAS DEVELOPING THERE BECAUSE OF THE HIGHWAY AND ALL OF THAT.

>> AND GETTING PERMISSION FROM TEXAS IS REALLY VERY DIFFICULT.

>> IF I REMEMBER CORRECTLY WHEN WE HEARD ON THE OTHER SIDE OF THE ROAD THE CAR WASH, BOTH FROM THIS GROUP AND ALSO THE COUNCIL, IF I REMEMBER CORRECTLY ONE OF THE MAJOR ISSUES WAS TRAFFIC AND SAFETY. IS THAT NOT RIGHT?

>> CORRECT. THAT WAS ONE OF THE CONCERNS I THINK THE NEIGHBORHOOD GROUP, I DON'T WANT TO SPEAK ON BEHALF OF THEM, I BELIEVE THE NOISE WAS A MAJOR CONCERN OF THE CAR WASH TUNNELS, RIGHT? AND THEN TRAFFIC WAS A CONCERN

OF STAFF HAVING COME OFF THIS. >> BUT I THINK IT WAS ALSO A CONCERN OF THE COMMISSION AS WELL AS THE CITY COUNCIL, IF I REMEMBER CORRECTLY AND THAT'S AT LEAST IN PART WHY IT GOT TURNED

DOWN. >> SOUNDS CORRECT.

>> I THINK YOU'RE GOING TO HAVE AN ISSUE WITH TRAFFIC WITH WHATEVER IS GOING TO GO IN THERE AT THIS POINT.

IT'S ALREADY AN ISSUE. >> IF IT WAS A DAIRY QUEEN WHERE PEOPLE DON'T GO INSIDE, THESE PEOPLE ARE GOING TO STACK UP JUST LIKE THEY DID THE OTHER ONE AND NOT ONLY ARE YOU GOING TO HAVE PROBLEMS GETTING THROUGH SHOPPING LITTLE MALL AREA THERE BUT THE PEOPLE GOING TO WORK THERE THAT PARK IN THAT AREA IN THE BACK ARE GOING TO HAVE A PROBLEM GETTING TO WORK.

>> WELL, IN THEORY IT SHOULD ACTUALLY LESS EVERYEN THE STACKF PEOPLE. YOU'RE RUNNING THEM THROUGH

QUICK ARE AT THIS LOCATION. >> I THINK THE WAY THEY LAID OUT THE SLIDE, THEY LAID OUT AS EFFICIENT AS THEY COULD IN THE MODERN DAY DRIVE THROUGH WORLD. THE DRIVE THROUGH WORLD HAS CHANGED OVER THE PAST, WHAT, 18 MONTHS NOW?

>> DEFINITELY. >> UNFORTUNATELY AND FORTUNATELY WE HAVE ADAPTED AND YOU HAVE SEEN IT MODIFIED IN MULTIPLE PLACES THROUGHOUT THE CITY. YEP, IT'S GOT A STARBUCKS, THIS WOULD BE OUR THIRD STARBUCKS IN TOWN AND WE ALSO HAVE ANOTHER COFFEE SHOP THAT JUST OPENED UP IN TOWN AND WE'VE GOT ANOTHER ONE ON TOP OF THAT THAT'S COME THROUGH HERE AS WELL.

SO OUR TRAVIS IS DISPERSING. >> TRUE.

-- OUR TRAFFIC IS DISPERSING. >> TRUE.

>> ANY FURTHER DISCUSSION? >> I'D MAKE A MOTION TO APPROVE

IT. >> I'D SECOND.

>> WE HAVE A MOTION AND SECOND. TO APPROVE.

ANY DISCUSSION? WE'LL DO THIS BY RAISING OF YOUR HAND. THOSE IN FAVOR OF THE MOTION RAISE YOUR HAND? THOSE OPPOSED? FLOOR IS OPEN FOR DISCUSSION. AND/OR ANOTHER MOTION.

>> I VOTE TO DENY. >> I'LL SECOND THAT.

ANY QUESTION OR DISCUSSION? ALL IN FAVOR OF THE MOTION RAISE YOUR HAND. ONE TWO THREE FOUR.

OPPOSED? TWO.

PASSES, 4 TO 2. OKAY I THINK THAT'S EVERYTHING EXCEPT MISCELLANEOUS DISCUSSION, SO WILL STAFF, DO YOU HAVE

ANYTHING? >> WE DON'T.

>> COMMISSIONERS, DO YOU HAVE ANYTHING TO BRING UP?

[01:25:04]

>> I MAKE A MOTION TO ADJOURN. >> SECOND.

>> WE HAVE A MOTION AND SECOND TO ADJOURN.

ALL IN FAVOR AYE. THANK YOU VERY MUCH.

>> APPRECIATE IT, THANK YOU SO

* This transcript was compiled from uncorrected Closed Captioning.