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[Call to Order and Determination of Quorum.]

[00:00:06]

>> TIME IS NOW 5 O'CLOCK. AND THIS IS THE CITY OF MIDLOTHIAN PLANNING & ZONING COMMISSION.

AND WE DO HAVE A QUORUM. ITEM NO. 1 ON THE AGENDA, CITIZENS TO BE HEARD. THE PLANNING & ZONING COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSION ON ANY TAP OLYMPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY STAFF PRIORITY MEETING.

IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ANY ITEMS NOT LISTED ON THE AGENDA.

ARE THERE ANY CITIZENS TO BE HEARD?

[002 Staff review of the cases that were heard by City Council in the last sixty (60) days.]

ITEM NO. 2. STAFF REVIEW OF CASES THAT WERE HEARD BY CITY COUNCIL IN THE LAST 60 DAYS.

TRENT? >> THERE'S A LONG LIST.

I WILL GO QUICK. THERE'S ANY QUESTIONS, FEEL FREE TO ASKING. FIRST A TEMPORARY SHIPPING CONTAINERS FOR A LIMITED TIME, ALLOW NOR RESIDENTIAL AND RESIDENTIAL PROPERTIES TO HAVE THOSE SHIPPING CONTAINERS ON THEIR PROPERTY TO SORT THINGS, SUCH AS MERCHANDISE FOR SEASONS WHERE DISTRIBUTION GETS HIGHER THAT WAS PRETTY TEN IN FOR WRITL BY THE PLANNING & ZONING COMPILATIOCOMMISSION AND CITY CL APPROVED THAT. NEXT IS TO ALLOW FLEXIBILITIES OF MIXED USE DEVELOPMENT, RANGING USES FROM RESIDENTIAL ALL THE WAY UP TO RETAIL AND ENTERTAINMENT.

THAT WAS RECOMMENDED APPROVAL UNANIMOUS BY PLANNING & ZONING COMMISSION. CITY COUNCIL APPROVED IT UNANIMOUSLY. NEXT ITEM ON THE AGENDA, SOUTH POINT DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF FM663 AND 875. THIS WAS A SINGLE FAMILY RESIDENTIAL WITH CORNER OF IT BEING NONRESIDENTIAL USE, COMMERCIAL PADS. THE PLANNING & ZONING COMMISSION, THERE WERE CONCERNS BEFORE THE PLANNING & ZONING COMMISSION AND NOW BEFORE COUNCIL, COUNCIL DENIED THE PROPOSED REQUEST WITHOUT PREJUDICE ALLOWING THEM TO RE-APPLY WITHIN THE SIX-MONTH PERIOD.

THAT IS MANDATED IN OUR ZONING ORDINANCE REGULATIONS.

NEXT ITEM IS SPECIFIC USE PERMIT FOR SECONDARY DWELLING UNIT THAT DIDN'T MEET MINIMUM REQUIREMENTS SPECIFICALLY TWO JOINT UNITS.

THAT WAS LOCATED ON LAKE GROVE LOOP.

PLANNING & ZONING RECOMMENDED APPROVAL.

WHEN IT WENT BEFORE CITY COUNCIL, THEY ALSO APPROVED THAT ITEM. NEXT IS SPECIFIC USE PERMIT FOR A RESTAURANT ON HIGHWAY 287. P&Z RECOMMENDED APPROVAL.

THIS IS AN EXISTING BUILDING. COUNCIL ALSO APPROVED.

NEXT ITEM, WEST SIDE REVISION, AMENDED AND RESTATED -- WERE THEY RESIGNED WEST SIDE RESERVE INTO A PLANNED DEVELOPMENT DISTRICT. MIXTURE OF SINGLE FAMILY RESIDENTIAL, APARTMENT COMPLEX, NONRESIDENTIAL USES, ALSO TOWN HOMES. BEFORE THE PLANNING & ZONING COMMISSION, THEY RECOMMENDED APPROVAL WITH CONDITION THAT TOWN HOMES BE PERMITTED THROUGH A SPECIFIC USE PERMIT.

THAT WENT BEFORE THE CITY COUNCIL, THEY AGREED WITH PLANNING & ZONING COMMISSION AND APPROVED THE PROPOSED DEVELOPMENT WITH THAT SAME CONDITION THAT ANY TOWNS THAT COME IN, SUP WOULD BE REQUIRED. NEXT, KBC MIDLOTHIAN, INDUSTRIAL PARK ON HIGHWAY 67. THAT WENT BEFORE THE PLANNING & ZONING COMMISSION, HAD CONCERNS ABOUT THE DISTRIBUTION OF IT.

PRIORITY CITY COUNCIL, THEY WITHDREW THEIR APPLICATION AND THEY HAVE REAPPLIED SINCE AND WILL BE ON THE AGENDA FOR TONIGHT. AND NEXT ITEM WAS MIXED USE DEVDEVELOPMENT LOCATED JUST TO E SOUTH OF WALMART LOCATED IN THAT VACANT PROPERTY. THEY WERE PROPOSING A MIXED USE COMMERCIAL DEVELOPMENT WHICH HAD A THEATER, VARIOUS RETAIL USES AND THEN APARTMENT COMPLEX WITH TRAILS.

WENT BEFORE PLANNING & ZONING COMMISSION, THEY RECOMMENDED APPROVAL WITH SOME CONDITIONS ATTACHED TO THAT.

PRIORITY GOING TO COUNCIL, THE SIGN WAS WITHDRAWN FROM CONSIDERATION. NEXT WAS A REZONING OF THE UVPD, EXISTING BUSINESS ON AVENUE F TO ALLOW FOR ADDITIONAL OFFICE SPACE. IN ADDITION, THAT WAS RIGHT WING ENCROACHMENT AGREEMENT. PLANNING & ZONING RECOMMENDED APPROVAL. CITY COUNCIL AGREED.

[00:05:01]

NEXT ITEM WAS A THOROUGHFARE -- AMEND TO A THOROUGHFARE PLAN WITH CHANGES RECOMMENDED BY STAFF.

CITY COUNCIL APPROVED THAT ITEM. SHADY GROVE SELF-STORAGE SOUTH SIDE 287, PLANNING & ZONING COMMISSION RECOMMENDED APPROVAL.

THAT WENT BEFORE CITY COUNCIL, THEY AGREE WITH PLANNING & ZONING COMMISSION AND APPROVED THIS ITEM AS PRESENTED.

THE NEXT ITEM WAS THE SUP FOR GRIDAL.

THIS IS LOCATED NORTH HIGHWAY 67.

DIRECTLY ACROSS FROM THEIR EXISTING FACILITIES TO ALLOW FOR ADDITIONAL METAL TREATMENT ON THAT SITE.

THIS WENT BEFORE PLANNING & ZONING COMMISSION, VARIOUS REGULATIONS ATTACHED TO THE SIGNAGE, SIDEWALKS, ET CETERA.

BUT RECOMMENDED APPROVAL. CITY COUNCIL AGREED WITH THOSE CHANGES AND APPROVED AS PRESENTED.

NEXT WAS HILL WOOD INDUSTRIAL PARK, THAT IS LOCATED SOUTH U.S.

HIGHWAY 67. THAT WENT BEFORE PLANNING & ZONING COMMISSION, THERE'S VARIOUS CONDITIONS, Y APPROVED N THAT. CITY COUNCIL APPROVED AS PRESENTED WITH VAR VARIOUS -- IN ADDITION TO CHANGES THAT HAPPENED AT THE COUNCIL MEETING. LAST ITEM FOR ACCESS SELF-STORAGE, THEY WANTED A UNIFIED SIGN PLAN TO ALLOW FOR A BILLBOARD ON THE SITE. PLANNING & ZONING COMMISSION RECOMMENDED DENIAL. CITY COUNCIL ALSO DENIED REQUEST. I CAN ANSWER ANY QUESTIONS.

>> ANY QUESTIONS FOR STAFF? THANK YOU.

[ Consent Agenda]

ITEM NO. 3, CONSIDER THE MINUTES FOR THE PLANNING & ZONING COMMISSION MEETINGS DATED OCTOBER 19, 2021 AND

NOVEMBER 16, 2021. >> ITEMS 3 AND 4 -- [INAUDIBLE].

>> SO ALONG WITH THE MEETING MINUTES DATED THE 19TH AND 16TH OF NOVEMBER, CAN WE ALSO CONSIDER AN ACT UPON A REQUEST FOR A FINAL PLAT OF THE ARBORS BEING ARBORS, BEING + 56.432 ACRES OF LAND, SITUATED WITHIN THE A.J.

LAWRENCE SURVEY, ABSTRACT NO. 625, CITY OF MIDLOTHIAN, ELLIS COUNTY. THE PROPERTY IS LOCATED TO THE WEST OF NORTH WALNUT GROVE ROAD, BETWEEN STEEPLECHASE ROAD AND SHILOH COURT/SHILOH

ROAD. >> MAKE A MOTION TO APPROVE.

>> CAN I GET A SECOND? ALL IN FAVOR.

[AYE] MOTION PASSES UNANIMOUS.

ITEM NO. 005, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN -- I'M SORRY.

ITEM NO. 5 HAS BEEN WITHDRAWN BY THE APPLICANT.

ITEM 006 HAS BEEN WITHDRAWN BY THE APPLICANT.

ITEM 007 HAS BEEN WITHDRAWN AND WILL BE RESCHEDULED AND

[008 Consider and act upon a request for a Preliminary Plat of Mayes Estates, being ±50.46 acres in the M.Pogue Survey, Abstract No. 852. The property is located ±1,600 feet south of the PlainviewRoad and Stout Road intersection commonly known as 4440 Stout Road (PP02-2022-038).]

RENOTICED AT A LATER DATE. ITEM 008 CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF MAYES ESTATES, BEING +50.46 ACRES IN THE M. POGUE SURVEY, ABSTRACT NO. 852. THE PROPERTY IS LOCATED +1,600 FEET SOUTH OF THE PLAINVIEW ROAD AND STOUT ROAD INTERSECTION COMMONLY KNOWN AS 4440 STOUT ROAD. TRENT?

>> THANK YOU, THIS IS A PLAT OF MAYES ESTATES, ALLOW FOR APPROXIMATELY 50 ACRES TO DEVELOP 43 RESIDENTIAL LOTS.

THIS DOES -- THIS IS CONSISTENT WITH PLAN DISTRICT NO. 143.

ALSO IS CONSISTENT WITH THE SECTION 212 OF THE TEXAS LOCAL GOVERNMENT CODE AND MIDLOTHIAN SUBDIVISION ORDINANCE REGULATIONS, STAFF RECOMMENDS APPROVAL.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THIS DOES NOT REQUIRE PUBLIC HEARING.

>> THANK YOU, TRENTON, ANY QUESTIONS FOR STAFF?

OR MOTION? >> MAKE A MOTION TO APPROVE.

[00:10:02]

>> I'LL SECOND. >> ALL IN FAVOR? OPPOSED. MOTION PASSES UNANIMOUS.

[009 Consider and act upon a request for a Preliminary Plat of Villas on the Square, being ±18.797 acres in the Benjamin F. Hawkins, Abstract 464, the James E. Hawkins Survey, Abstract 462 and the Marcellus T Hawkins Survey, Abstract 463. The property is generally on the east side of 14th Street, between Hawkins Run Road and Mt. Zion Road (PP03-2022-038).]

ITEM NO. 009 CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF VILLAS ON THE SQUARE, BEING +18.797 ACRES IN THE BENJAMIN F. +18.797 ACRES IN THE BENJAMIN F.

HAWKINS, ABSTRACT 464, THE JAMES E. HAWKINS SURVEY, ABSTRACT 462 AND THE MARCELLUS T HAWKINS SURVEY, ABSTRACT 463. THE PROPERTY IS GENERALLY ON THE EAST SIDE OF 14TH STREET,

BETWEEN HAWKINS RUN ROAD AND MT. >> THANK YOU, VILLAS ON SQUARE, 90 RESIDENTIAL LOT AND 8 COMMON AREAS.

PLANNED DEVELOPMENT DISTRICT NO. 81, ZONED, CITY OF MIDLOTHIAN SUBDIVISION REGULATIONS. THIS IS MEETING ALL THE REQUIREMENTS SET FORTH IN THOSE CODES AND REGULATIONS.

STAFF DOES RECOMMEND APPROVAL. THIS ITEM DOES NOT REQUIRE A PUBLIC HEARING. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> THANK YOU, TRENTON.

IS THERE ANY QUESTIONS FOR ST STAFF?

SEEING NONE, CAN I GET A MOTION? >> I MOVE TO APPROVE.

>> SECOND. >> ALL IN FAVOR? [AYE]. OPPOSED.

MOTION PASSES UNANIMOUS. >> REAL QUICK, MR. HILL, WE HAVE TO NOTE THAT COMMISSIONER SCOTT KOEHLER HAS RECUSED HIMSELF OF

[010 Consider and act upon a request for a Preliminary Plat of Canvas at Midlothian, being ±26.861 acres being a portion of a tract described as Fulson Midlothian Partners I, LP, Volume 2220, Page 194, John Chamblee Survey, Abstract No. 19. The property is generally located on Padera Lake Boulevard, north of U.S. Highway 287 (PP05-2022-45).]

THIS ITEM. >> AGENDA ITEM NO.

CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF CANVAS AT MIDLOTHIAN, BEING +26.861 ACRES BEING A PORTION OF A TRACT DESCRIBED AS FULSON MIDLOTHIAN PARTNERS I, LP, VOLUME 2220, PAGE 194, JOHN CHAMBLEE SURVEY, ABSTRACT NO. 19. THE PROPERTY IS GENERALLY LOCATED ON PADERA LAKE BOULEVARD, NORTH OF U.S. HIGHWAY

10. >> THANK YOU.

THIS IS FOR A PROPOSED MULTIFAMILY RESIDENTIAL DEVELOPMENT LOCATED WITHIN PLANNED DEVELOPMENT DISTRICT NO.

49. THE PROPOSED REQUEST IS CONSISTENT WITH THE DEVELOPMENT REGULATIONS AND STANDARDS SET FORTH. THIS ALSO DOES MEET BOTH MIDLOTHIAN ORDINANCE REGULATIONS AS WELL AS SECTION 212.

STAFF DOES RECOMMEND APPROVAL AND THIS ITEM DOES NOT REQUIRE PUBLIC HEARING. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> ANY QUESTIONS FOR STAFF?

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

>> MOTION AND SECOND. ALL IN FAVOR.

[AYE]. >> PRIORITY THE NEXT ITEM, WE GET MR. KOEHLER BACK IN THE ROOM.

THANK YOU SO MUCH. >> ITEM NO.

[011 Consider and act upon a request for a Preliminary Plat of Jordan Run Phase IV, being 98.332± acres of land, situated within the E. Ballard Survey, Abstract No. 119, the J. Smith Survey, Abstract No. 963, the J. Johnson Survey, Abstract No. 558 and the J. Singleton Survey, Abstract No. 959, Ellis County, generally located to the east of Norrell Road, between FM 875 and Murr Road (Case No. PP06-2022-046).]

CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF JORDAN RUN PHASE IV, BEING 98.332+ ACRES OF LAND, SITUATED WITHIN THE E. BALLARD SURVEY, ABSTRACT NO. 119, THE J. SMITH SURVEY, ABSTRACT NO. 963, THE J. JOHNSON SURVEY, ABSTRACT NO. 558 AND THE J. SINGLETON SURVEY, ABSTRACT NO. 959, ELLIS COUNTY, GENERALLY LOCATED TO THE EAST OF NORRELL ROAD, BETWEEN FM 875 AND MURR ROAD. 11.

>> THANK YOU. BACK IN 2018, THIS PROPERTY WAS ORIGINALLY PLATTED FOR JORDAN RUN ESTATES.

IN DECEMBER OF 2019, THE APPLICANT DID COME IN TO SUBMIT AN EXTENSION PRIORITY THE PRELIMINARY PLAT EXPIRING IN ACCORDANCE WITH THEIR SUBDIVISION REGULATIONS.

DECEMBER 2020, A -- DECEMBER 15TH, 2020, PRIORITY THIS THE EXTENSION EXPIRING AGAIN, THE APPLICANT DID COME BEFORE THE PLANNING & ZONING COMMISSION AND ASK FOR AN ADDITIONAL EXTENSION. HOWEVER, PRI PRIOR TO THIS, THEY WERE NOT ABLE TO MEET REQUIREMENTS OF THE PRELIMINARY PLAT EXTENSION. IT DID EXPIRE.

[00:15:01]

THEY ARE HAVING TO RESTART THE PROCESS OVER WITH WITH THE PRELIMINARY PLAT SHORTLY HERE AFTER IN THE NEXT COMING MEETINGS YOU SHOULD BE SEEING THE FINAL PLAT AS WELL FOR THIS.

THIS IS FOR A PRELIMINARY PLAT PHASE 4.

STILL CONSISTENT WITH OUR SUBDIVISION REGULATIONS AND SECTION 212 OF THE TEXAS LOCAL GOVERNMENT CODE.

STAFF DOES RECOMMEND APPROVAL. THIS PROPERTY IS LOCATED IN THE CITY OF MIDLOTHIAN'S JURISDICTION WHERE WE DO HAVE THE AUTHORITY TO ACCEPT OUR SUBDIVISION REQUIREMENTS.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

NO PUBLIC HEARING IS REQUIRED. >> THERE WAS A CITIZEN PARTICIPATION FORM SUBMITTED FOR THIS ITEM.

DREW DENASKI, AND THEY WERE IN SUPPORT OF THIS ITEM.

ANY QUESTIONS FOR STAFF? CAN I GET A MOTION?

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

>> ALL IN FAVOR. [AYE] OPPOSED MOTION PASSES UNANIMOUS. ITEM NO. 12.

[012 Consider and act upon a special exception from the Subdivision Ordinance from Section 6.16 “Improvement Standards and Requirements” pertaining to driveway material on new development at 1266 Eastgate Road in Eastgate. The property is approximately +/-1.383 acres being tract B-3 of Eastgate Industrial Park (commonly known as 1266 Eastgate Road) (Case No. M06-2022-043).]

CONSIDER AND ACT UPON A SPECIAL EXCEPTION FROM THE SUBDIVISION ORDINANCE FROM SECTION 6.16 IMPROVEMENT STANDARDS AND REQUIREMENTS PERTAINING TO DRIVEWAY MATERIAL ON NEW DEVELOPMENT AT 1266 EASTGATE ROAD IN EASTGATE. THE PROPERTY IS APPROXIMATELY +/-1.383 ACRES BEING TRACT B-3 OF EASTGATE INDUSTRIAL PARK, COMMONLY KNOWN

AS 1266 EASTGATE ROAD. >> THANK YOU, COMMISSIONER.

THE PROPERTY IS ADDRESSED OFF OF EAST GATE ROAD BUT LOCATED DOWN A PRIVATE ROADWAY. THIS IS KNOWN AS RAMSEY STREET, WHICH I SHOW UP HERE ON THE SCREEN.

THE APPLICANT IS PLANNING TO O CONSTRUCT A NEW METAL WAREHOUSE BUILDING. ABOUT 6,000 SQUARE FEET IN SIZE.

NEW DEVELOPMENTS AND NEW CONSTRUCTION WITHIN THE CITY DO REQUIRE THAT ANY DRIVE AISLES OR ANY TYPE OF PARKING AREA PROPOSED NEEDS TO BE IMPROVED WITH CONCRETE.

THAT'S BASED ON OUR CONSTRUCTION STANDARD DETAILS.

THE APPLICANT HAS STATED THAT REQUIRING CONCRETE WOULD BE EXCESSIVE SINCE THE PROPERTY ALREADY CONTAINS GRAVEL IN THIS CURRENT STATE, AS YOU CAN SEE ON THE SCREEN.

THE APPLICANT IS SEEKING A SPECIAL EXCEPTION BASED ON SECTION 7.13. STAFF REPORT THAT YOU HAVE BEFORE YOU DOES OUTLINE THE CRITERIA LISTED WITHIN 7.13.

STAFF DID NOT FIND ANY UNIQUE CIRCUMSTANCES ON THE LAND THAT WOULD CAUSE A HARDSHIP. THE IMPROVEMENT STILL WILL ALLOW THE PROPERTY TO CONTINUE TO BE USED AS IT HAS BEEN USED IN THE PAST. THIS WOULD ACTUALLY BE AN OVERALL IMPROVEMENT TO THE AREA, ESPECIALLY FOR EMERGENCY VEHICLES TO ACCESS THE AREA. ALSO IMPROVING THE PROPERTY DOES NOT IMPACT THE EXISTING ZONING. THE PROPERTY IS CURRENTLY ZONED MEDIUM INDUSTRIAL. STAFF RECOMMENDS DENIAL OF THE PROPOSED SPECIAL EXCEPTION SINCE THE CRITERIA LISTED UNDER 7.13 DOES OR IS NOT BEING MET. ON A SIDE NOTE, THE PROPERTY CAN CONTINUE TO OPERATE AND STAY AS-IS CURRENTLY ON THE SCREEN.

ANY NEW CONSTRUCTION WILL REQUIRE MEETING THE CURRENT REGULATIONS AND OUR CURRENT ORDINANCES.

I WILL CONTINUE TO STAND FOR QUESTIONS.

>> ANY QUESTIONS FOR STAFF? >> SIEM CURIOUS, MARCOS, ARE YOU WANTING THE ENTIRE GRAVEL AREA NOW TO BE PAVED AND CONCRETE?

OR JUST THE APPROACH? >> NO, SIR.

AT A MINIMUM, WE WOULD NEED AT LEAST 24-FOOT WIDE FIRE LANE THAT WOULD CONTINUE DOWN TO THIS AREA AND THEN ULTIMATELY, BASED ON THE SIZE OF THIS DEVELOPMENT, BEING 6,000 SQUARE FEET AND BEING USED AS WAREHOUSE, YOU ONLY NEED TWO PARKING SPACES.

SO TWO PARKING SPACES, THAT WOULD BE 10 BY 18 THAT WOULD BE CONCRETE. THEN A CONCRETE DRIVE AISLE

WOULD BE THE REQUIREMENT. >> THE EXIST BEING ROADWAY OUT

[00:20:02]

IN FRONT IS AS ASPHALT, CORREC. >> THIS SECTION HERE IS ALL ASPHALT. EASTGATE ROAD IS ASPHALT.

I DON'T THINK THEY HAVE ANY CONCRETE ROADS THROUGH THIS A

AREA. >> TO MAKE SURE, ADD ADDITIONAL 6,000 SQUARE FEET, IS THAT WHAT YOU ARE SAYING?

>> THIS AREA HERE THAT I HAVE HIGHLIGHTED, LOCATED -- IT WILL BE IN THE FUTURE, IF IT IS CONSTRUCTED, IT WOULD BE CONSIDERED 1268. THAT'S WHERE THE 6,000 SQUARE FEET BUILDING IS BEING PROPOSED. IT IS VERY SIMILAR TO THE BUILDING THAT YOU SEE ON THIS SIDE, ON THE OPPOSITE SIDE IN

THIS LOCATION HERE. >> MAKE A MOTION TO DENY AS

REPRESENTED BY STAFF. >> CAN I GET A SECOND?

>> I'LL SECOND. >> SECOND.

TO VOTE, CAN I GET EVERYBODY'S VOTE.

THERE'S MOTION ON TH FOR APPROVS ON THE FLOOR.

EXCUSE ME. MOTION IN DENIAL.

ALL IN FAVOR. [AYE] OPPOSED? HEARING NONE, MOTION IS D IS DENIED -- MOTION IS APPROVED.

SORRY. ITEM NO.

[013 Consider and act upon a special exception in accordance to Section 7.13 of the Subdivision Ordinance from Section 3.16 “Dedication” and Section 4.14 “Final Plats” of the Subdivision Ordinance pertaining to right-of-way (ROW) dedication on Plainview Road. The property is approximately +/-11.013 acres and is within the SA and MG RR Survey, Abstract No 1048 (commonly known as 3860 Plainview Road) (Case No. M07-2022-044).]

13 CONSIDER AND ACT UPON A SPECIAL EXCEPTION IN ACCORDANCE TO SECTION 7.13 OF THE SUBDIVISION ORDINANCE FROM SECTION 3.16 DEDICATION AND SECTION 4.14 FINAL PLATS OF THE SUBDIVISION ORDINANCE PERTAINING TO RIGHT-OF-WAY DEDICATION ON PLAINVIEW ROAD. THE PROPERTY IS APPROXIMATELY +/-11.013 ACRES AND IS WITHIN THE SA AND MG RR SURVEY, ABSTRACT NO 1048 COMMONLY KNOWN AS 3860 PLAINVIEW

ROAD. >> THANK YOU, COMMISSIONER.

THE SIXTH SUBJECT PROPERTY IS UNDEVELOPED AND LOCATED ON PLAINVIEW ROAD. IN ORDER TO CONSTRUCT A RESIDENTIAL HOME, THE PROPERTY MUST BE LEGALLY PLATTED.

THE LAW STATES THAT WHEN A PROPERTY IS PLATTED, THE PROPERTY MUST DEDICATE THE NECESSARY RIGHT-OF-WAY.

THIS PRACTICE AND REQUIREMENT IS ESSENTIAL FOR THE ORDERLY DEVELOPMENT OF THE CITY'S TRANSPORTATION SYSTEM.

IN ADDITION, THIS IS ALSO A PREREQUISITE FOR PLAT APPROVAL.

THIS 60-FOOT COLLECTOR IS PLANNED TO EXTEND FURTHER TO THE EAST AND CONNECT WITH A MAJOR ARTERIAL IN THE FUTURE.

AS YOU CAN SEE UP HERE ON THE SCREEN, THE YELLOW INDICATION THE LOCATION OF THE SUBJECT PROPERTY AND WE DO HAVE A 60-FOOT RIGHT-OF-WAY THAT WILL ULTIMATELY CONNECT TO THAT MAJOR ARTERIAL. THE OWNER'S CONCERN IS THAT THIS DEDICATION WILL REDUCE THE LEGAL PROPERTY SIZE BELOW 10 ACRES OF LAND. THEY HAVE STATED THAT ECAD WILL NOT ALLOW FOR AG EXEMPTIONS IF BELOW TEN ACRES.

STAFF HAS SPOKEN WITH THE APPRAISAL DISTRICT.

THE DISTRICT HAS EXPLAINED THAT VARIOUS ITEMS ARE CONSIDERED WHEN GRANTING AN EXEMPTION AND AT TIMES THEY HAVE GRANTED EXEMPTIONS ON PROPERTIES THAT ARE LESS THAN TEN ACRES IN SIZE.

ANY QUESTIONS OR CONCERNS RELATED TO THE TAXES OR AG EXEMPTIONS REALLY NEED TO BE ADDRESSED BY THE APPRAISAL DISTRICT. STAFF HAS LOOKED AT FIVE CRITERIA UNDER 7.13. I WILL RUN THROUGH THE ITEMS IN A QUICK SUMMARY. WE DID NOT FIND ANY SPECIAL CIRCUMSTANCE THAT EXISTED ON THE LAND THAT WOULD CAUSE A HARDSHIP IF THIS DEDICATION WERE TO OCCUR.

DEDICATION FOR ROADS IS OBVIOUSLY CONSISTENT WITH OTHER PROPERTIES THAT HAVE BEEN REQUIRED TO DEDICATE THE NECESSARY RIGHT-OF-WAY. WE DO THIS ALL THE TIME.

[00:25:02]

DEDICATING THE RIGHT-OF-WAY STILL ALLOWS THE PROPERTY TO CONTINUE TO BE USED AS IT HAS IN THE PAST.

IF THEY RAN CATTLE ON THE PROPERTY, THEY CAN STILL RUN CATTLE ON THE PROPERTY. IT MAY NOT MEET THE AGRICULTURAL EXEMPTION BUT THAT'S NOT -- WE ARE NOT THAT ENTITY.

WE ARE THE CITY. ECAD IS ITS OWN POLITICAL ENTITY. THE GRANTING OF THE SPECIAL EXEMPTION WILL ALSO, FROM WHAT WE CAN TELL, NOT IMPACT THE PROPERTY ZONING. STAFF RECOMMENDS DENIAL OF THE PROPOSED SPECIAL EXCEPTION SINCE THE CRITERIA FOR EXCEPTIONS HAVE NOT BEEN MET. RIGHT-OF-WAY DEDICATION, ACTUALLY, YOU KNOW WHAT -- THAT'S IT.

I CAN STAND FOR QUESTIONS WITH THAT.

>> ANY QUESTIONS FOR STAFF? I WOULD JUST LIKE TO NOTE COMMISSIONER MIKE RODGERS IS IN ATTENDANCE.

>> WAS ANY OF THIS DISCUSSED DURING THE PLATTING PROCESS, THAT THERE WAS A RIGHT-OF-WAY THROUGH THERE?

OR FUTURE RIGHT-OF-WAY? >> YES, SIR.

SO GOING BACK COUPLE YEARS AGO, THE PROPERTY ACTUALLY WAS A PART OF WHAT WE CALL A DEVELOPMENT AGREEMENT.

SO WHEN WE ANNEXED THIS PARTICULAR AREA BACK IN 2018, THIS LARGER LOTS WAS EXEMPT FROM COMING INTO THE CITY WITH THE DEVELOPMENT AGREEMENT. SINCE THAT TIME, THE APPLICANT DECIDED TO BUILD A HOUSE ON THE PROPERTY, SO WHAT THEY HAD TO DO IS THEY HAD TO BREAK OFF THIS PIECE OF LAND.

BY DOING THAT, THE DEVELOPMENT AGREEMENT REQUIRES THEM TO BE ANNEXED INTO THE CITY. SO IT WAS DURING THAT TIME WHEN WE TALKED TO THE APPLICANT ABOUT THE ANNEXATION PROCESS AND BROUGHT IT BEFORE CITY COUNCIL, OBVIOUSLY.

DURING THAT ENTIRE TIME WE HAVE TALKED ABOUT THE RIGHT-OF-WAY DEDICATION IS A REQUIREMENT. THE APPLICANT DID COME BACK LATER ON TO ACTUALLY DO THE PLATTING WHICH IS THE MINOR PLAT. AT THAT TIME WE DID CONVEY TO THEM THERE'S RIGHT-OF-WAY DEDICATION BUT IT IS REALLY THE SURVEYOR THAT DETERMINES WHERE THE PROPERTY BOUNDARIES SIT AND HOW MUCH RIGHT-OF-WAY DEDICATION IS ACTUALLY REQUIRED.

WHAT WE CONVEYED TO THE APPLICANTS IS ESSENTIALLY WHAT YOU SEE ON THE SCREEN. WE KNOW WHAT OUR THOROUGHFARE PLAN SHOWS. WE DO KNOW THAT PLAINVIEW ROAD IS AN EXISTING ROAD. WE KNOW THERE IS RIGHT-OF-WAY DEDICATION. I JUST CAN'T REALLY HONESTLY TELL YOU WHERE THAT'S GOING TO BE DEPENDENT ON THEIR PROPERTY BOUNDARY. THAT'S WHERE THE SURVEYOR COMES INTO THE PLAY. ONCE THE SURVEYOR DID WHAT THEY NEEDED TO DO, THIS IS THE AREA HERE.

YOU CAN SEE IT IS OUTLINED, STATES HERE 0.393 ACRES OF RIGHT-OF-WAY DEDICATION. THAT'S THIS WHOLE AREA TAKING

INTO ACCOUNT THE FUTURE ROADWAY. >> I REMEMBER THIS CASE WHEN IT CAME IN FRONT OF US. HE WAS AWARE THAT THAT WAS A POTENTIAL PROBLEM UP THERE IN THE FRONT THEN, FOR THE

RIGHT-OF-WAY. >> YEAH.

I MEAN, IT IS ONE THING ON OUR SIDE TO SAY THERE IS RIGHT-OF-WAY DEDICATION. IT IS WHEN THEY DECIDE HOW MUCH LAND THEY NEED TO DO OR WHAT THE APPRAISAL DISTRICT REQUIREMENTS ARE. AGAIN, WE DON'T DICTATE IF IT IS 10 ACRES, 8 ACRES, 15 ACRES. IF THE APPRAISAL DISTRICT HAS IT SET AT 10 ACRES, THAT'S THEIR RULE AND THEIR REQUIREMENT.

I DON'T WANT TO GET AGRICULTURAL ZONING MIXED UP WITH AGRICULTURAL EXEMPTION. AGRICULTURAL ZONING IS A RESIDENTIAL-ZONED DISTRICT THAT ALLOWS TORE O FOR ONE HOUSE ON R

ACRES OR MORE. >> THANK YOU.

>> BUT WHAT HAPPENS TO THE TEN ACRE REQUIREMENT SHOULD HE LOSE THIS? WHAT'S HE GOING TO BE IN ACREAGE

IF HE LOSES THE DEDICATION? >> SO I ACTUALLY TALKED TO THE PERSON IN CHARGE OF APPRAISAL DISTRICT AND THEIR REQUIREMENTS.

THEY SAY THEY HAVE APPROVED AG SPECIAL VALUATIONS FOR PROPERTIES LESS THAN TEN ACRES. FENDS ON THE SCENARIO.

ONCE AGAIN, WHAT WE ARE TRYING -- WE DON'T HAVE ANY CONTROL OVER THE SPECIAL VALUATION OF WHAT MARCOS REFERRING TO. THIS IS NOT THE CITY OF MIDLOTHIAN. I DON'T BELIEVE THAT TEN ACRES IS A HARD AND SET RULE ACCORDING TO THE CONVERSATION I HAD WITH CATHERY ROD. THEY LOOK AT VARIOUS FACTORS, ONE THING SHE DID MENTION THAT THE PROPERTY OWNER NEXT TO YOU

[00:30:02]

IS RELATED TO YOU AND YOU ARE CONTINUING OPERATION AS OF ONCE BEFORE, THE TWO PROPERTIES COMBINED WOULD BE OVER CERTAIN ACRES, THEY LOOK AT THAT AS WELL.

VARIOUS FACTORS. SHE COULDN'T GIVE US A STRAIGHT ANSWER. THEY COULDN'T GIVE US A STRAIGHT ANSWER IF YOU CHECK THESE BOXES, YOU WILL AUTOMATICALLY GET A SPECIAL VALUATION. THAT'S WHY IT IS NOT UP TO MIDLOTHIAN. IT WOULD BE UP TO THE COUNTY.

WE DON'T WANT TO SAY YOU ARE GOING TO LOSE IT OR NO WE ARE

NOT GOING TO USE IT. >> WILL WE HERE FROM THE

PROPERTY OWNER ON THIS ONE? >> I WOUL YES, THEY ARE HERE TO.

>> I WOULD RATHER POSE QUESTIONS AFTER I HEAR FROM THE PROPERTY

OWNER. >> WOULD THE PROPERTY OWNER LIKE TO SPEAK? PLEASE STATE YOUR NAME AND

ADDRESS. >> MY NAME IS [INAUDIBLE] MY WIFE RILEY. WE ARE CURRENTLY OFF PLAINVIEW 2621. WE STARTED THIS WHOLE PROCESS TWO YEARS AGO NOW. WHEN WE FIRST SPOKE WITH THE CITY ABOUT GETTING ANNEXED AND SO ON, WE WRNTS WEREN'T AWARE E FUTURE RIGHT-OF-WAY PLAN. SHE REACHED OUT TO SEE WHAT ALL WE NEEDED TO DO AND SO ON. WE DIDN'T REALIZE THAT WE WOULD POTENTIALLY LOSE PROPERTY AND ALMOST .4 ACRES, AT THAT.

AND WE PURPOSELY BOUGHT THE EXACT RIGHT AMOUNT OF LAND TO STILL KEEP THE AG EXEMPTION AS WELL AS HAVE THE ONE ACRE HOMESTEAD. NOW IF WE DO END UP DEDICATING THIS RIGHT-OF-WAY, WE WILL LOSE THAT AG EXEMPTION AND THE .4 ACRES FROM WHAT I HAVE BEEN TOLD.

>> I WOULD LIKE TO POINT OUT THE POINT OF PURCHASING THE TEN ACRES WAS TO HAVE THE AGRICULTURAL EXEMPTION.

IF WE HAD KNOWN THIS, WE COULD HAVE SAVED A LOT OF MONEY AND BOUGHT JUST ONE ACRE. I WOULD POINT OUT IT WAS NEVER MENTIONED DURING ANY COMMUNICATION FOR [INAUDIBLE].

>> SO WAS THE THOUGHT PROCESS WITH 10.62 ACRES, .62 WOULD BE THE ALLOWANCE OR SLIGHTLY LESS, MAYBE HALF ACRE FOR THE HOME, FOR THE HOMESTEAD? AND THEN THE BALANCE OF THE 10 WOULD BE FOR YOUR FARM EXEMPTION?

>> RIGHT. IT WOULD BE BELOW THAT NUMBER

FROM WHAT I HAVE BEEN TOLD. >> DO YOU GUYS HAVE ANY IDEA OF THE ALLOWANCE? I HAVE ALWAYS JUST UNDERSTOOD IT

IS TEN ACRES. >> 10.01.

>> I HAVE SEEN THEM WITHIN THE LAST DECADE COME IN ON A NUMBER OF PROPERTIES, THAT I SAW, THAT WERE SLIGHTLY BELOW AND THEY TOOK IT AWAY FROM THEM. I HAVE NEVER HEARD OF -- I DO UNDERSTAND YOU MIGHT COULD GET ON A CASE BY CASE, IN THE MORE SO, I HAVE EXPERIENCED THEM CERTAINLY YANKING IT BESIDES BEING FRUITFUL ABOUT IT AND SAY HERE YOU GO, HAVE A HAPPY DAY.

>> AND WE COULD POTENTIALLY PARTNER WITH MY GRANDMA OWNS THE OTHER PORTION. BUT NOT TO BE MORBID, SHE IS 90 YEARS OLD, THAT'S NOT AILS GOING ALWAYSGOING TO BE THE CASE.

>> DO YOU THINK THERE IS -- WHAT ARE WE TALKING HERE? R, TRENTON. .4 ACRES, OR ROUGHLY HERE UNDER?

>> ACCORDING TO THE SURVEYOR, APPROXIMATELY .393 ACRES.

THAT'S WHAT THE SURVEYOR IS SHOWING WOULD BE PROPOSED.

GENERALLY WE REQUIRE RIGHT-OF-WAY DEDICATION, HALFWAY TO WHERE THE RIGHT-OF-WAY WOULD BE LOCATED ON THEIR PROPERTY.

>> SO THE REASON WHY WE ARE EVEN IN THIS PROCESS, TRENTON, ARE THEY APPROACHING FOR THE FINAL PLAT OR THEY ARE APPROACHING FOR A BUILDING PERMIT OR WHAT'S GOING ON THAT BROUGHT THIS TO

THE FOREFRONT? >> RIGHT.

SO IN ACCORDANCE WITH THE CITY OF MIDLOTHIAN ZONING REGULATIONS, IN ORDER TO PULL A BUILDING PERMIT, YOU ARE REQUIRED TO PLAT. THEY ARE GOING THROUGH THE PROCESS. THE PLAT REQUIRES YOU TO DEDICATE THE RIGHT-OF-WAY AS EVERY OTHER DEVELOPMENT DOES

WITHIN THE CITY OF MIDLOTHIAN. >> DO THEY ALREADY HAVE SOME FORM OF A PLAT THAT THEY ARE ONLY TRYING TO GET DOCUMENTED THROUGH THE CITY OR THEY ARE WITHIN THE FIRST PLATTING

PROCESS NOW? >> THIS PROPERTY HAS NOT BEEN PLATTED. IT IS BEING SURVEYED.

>> OKAY. >> THIS IS WHAT I'M WORRIED ABOUT. WHAT I'M WORRIED ABOUT IS EVEN IF WE MAKE AN ALLOWANCE TODAY, AND I DO HAVE MY ISSUES WITH THE IMPACTS OF ROADS AND HOW THEY GET THEM ON PAPER AND IT

[00:35:04]

INTERRUPTS EVERYTHING. I HAVE WATCHED IT INTERRUPT FAR LARGER PIECES OF PROPERTIES, CUTTING THEM IN HALF, THAT WERE WORTH A LOT OF MONEY. I'M CONCERNED THAT EVEN -- I WOULD BE PRONE TO TRY TO PUSH FOR A WAY TO ALLOW THIS TO KIND OF WORK FOR RIGHT NOW. BUT HERE'S WHAT I'M WORRIED ABOUT. I'M WORRIED ABOUT DOWN THE ROAD WHEN THEY BRING THAT ROAD THROUGH, YOU ARE GOING TO BE GOING THROUGH IT LATER. BECAUSE IF THE CITY NEEDS THAT LAND, THEY ARE GOING TO HAVE TO MOST LIKELY LOVINGLY TAKE IT.

NOT TAKE IT. BUT ACQUIRE IT IN SOME WAY.

I'M CONCERNED THAT IF WE TRY TO SAY, WELL, WE ARE NOT GOING DPO THAT TODAY, IT IS GOING TO HAPPEN SOONER OR LATER.

SO WHAT HAPPENS IF YOU GET THREE YEARS DOWN THE ROAD AND YOU ARE HAPPILY LIVING IN YOUR NEW HOME WITH YOUR NEW PROPERTY AND THEN IT SHOWS UP AGAIN, WHICH PROBABLY SOONER MORE LIKELY THAN LATER. I'M CONCERNED THAT IF YOU DON'T -- SINCE YOU ARE IN THE FIRST PLATTING PROCESS NOW, DO YOU THINK THERE'S ANY POSSIBILITY THAT YOU COULD WORK OUT A DEAL ON ANOTHER HALF ACRE, ACRE?

>> I'M NOT SURE ON THAT. >> OKAY.

>> I'M JUST -- I DON'T KNOW -- I WOULD LIKE TO HELP YOU.

I DON'T KNOW THE EXTENT OF WHAT I CAN DO.

BUT EVEN IF I WAS TO HELP YOU TODAY, THIS IS PROBABLY GOING TO REAR UP AGAIN IN A COUPLE, THREE YEARS.

THEN THERE WON'T BE A THING YOU CAN DO ABOUT IT.

KIND OF LIKE, WHILE YOU ARE THIS THE BEGINNING PROCESS, WOULD YOU BE INTERESTED IN TRYING TO FIX IT ONCE AND FOR ALL?

>> I CAN'T REMEMBER EXACTLY WHO TOLD ME BUT I DID HEAR AT ONE POINT THAT IT COULD BE UP TO 15 YEARS BEFORE THIS ROAD GOES

THROUGH? >> I'M WITH YOU, I UNDERSTAND.

BUT HERE'S THE DEAL. WHAT IF IT IS 15 YEARS.

AND YOU HAVE GOT LITTLE ONES RUNNING AROUND AND THEN, BOOM, YOU ARE GETTING HIT THEN AND TELLING YOU -- AND I DON'T KNOW.

SO I DON'T KNOW WHERE WE GO WITH THIS.

BUT THANKS FOR YOUR TIME. >> QUESTIONS FOR US?

>> ANY OTHER QUESTIONS? THANK YOU.

>> YOU KNOW, STAFF DOESN'T WANT TO TELL COUNCIL HOW TO MAKE A MOTION EITHER WAY. BUT STAFF WOULD BE MORE THAN HAPPY TO SIT DOWN WITH THE APPLICANTS AGAIN PRIORITY COUNCIL MEETING ON WHAT THE MOTION IS AND MAYBE SET UP A MEETING WITH ELLIS TO HELP THEM AND UNDERSTAND THE PROCESS.

>> SO I GUESS AND WHAT I WAS PORTRAYING, EVEN IF WE WANT TO BE REAL NICE TONIGHT AND SAY, WELL, WE'RE NOT GOING TO REQUIRE THIS POSSIBLE EASEMENT AND ACQUIREMENT.

IF THE CITY NEEDS THE PROPERTY FOR ROADWAY, IT IS GOING TO HAPPEN. THERE'S REALLY NOTHING WE CAN

DO. >> RIGHT NOW, IT IS ON OUR THOROUGHFARE PLAN, IT IS GOING TO BE A ROAD THERE.

WHEN, I DON'T KNOW. IT IS PLANNED OUT TO HAVE A ROAD

THERE. >> IS THERE -- DO WE NEED TO LET THIS MOVE FORWARD TO COUNCIL OR DO WE NEED TO THE OFFER THE APPLICANT -- THEY CAN'T HAVE ANY MORE WASTED TIME? I DON'T KNOW WHAT'S GOING ON IN THE APPLICANT'S THOUGHT PROCESS.

IF THEY WANT TO SIT DOWN WITH STAFF AND TRY TO MAYBE WORK -- WHAT DO YA'LL THINKING, APPLICANT? SO WHAT WOULD BE A RECOMMENDATION IN THE PROCESS THIS BOARD WOULD FOLLOW TONIGHT IF THEY WERE GOING TO TAKE A LITTLE TIME TO WORK SOMETHING OUT?

>> YOU CAN MOTION TO CONTINUE IT.

YOU CAN MOTION EITHER APPROVE OR DENY THE REQUEST WITH CONDITIONS, VICE VERSA. EITHER WAY, WE ARE STILL MORE

THAN HAPPY. >> IS COUNCIL -- WO WOULD COUNCL REVIEW THIS CASE WITHIN TWO WEEKS OR FOUR WEEKS.

SORRY, JANUARY 25TH. BEFORE COUNCIL IN TWO WEEKS.

>> WE COULD MAKE A DECISION TONIGHT AND THEY COULD STILL HAVE TIME -- BECAUSE THE DECISION WILL BE MADE BY COUNCIL. I JUST WANT THEM TO UNDERSTAND IF SOMETHING HAPPENS TONIGHT, WE ARE A RECOMMENDATION BOARD.

WOULD THAT BE THE RECOMMENDATION, TO FLOAT THROUGH HERE AND LET THEM WORK IT BEFORE COUNCIL.

>> WE WILL SET UP A MEETING, TRY AND SET UP A MEETING BETWEEN

THAT TIME. >> OKAY.

>> ANY QUESTIONS FOR STAFF? >> ANY OTHER QUESTIONS FOR ST STAFF? SEEING NONE.

CAN I GET A MOTION? >> I DON'T KNOW HOW TO WORD IT.

[00:40:26]

>> I DON'T THINK YOU COMPLICATE THE MOTION BY DIRECTING STAFF.

MOTION ONE WAY OR THE OTHER. >> IT IS EITHER AN ACCEPTANCE OR DENIAL. IT IS GOING TO GO TO COUNCIL ONE WAY OR THE OTHER. OKAY, I WILL MAKE A -- BECAUSE WE HAVE IT ON THE THOROUGHFARE PLAN, WE DON'T HAVE A CHOICE TO

GO AHEAD. >> I MAKE A MOTION THAT WE DENY

AS PRESENTED BY STAFF. >> CAN I GET A SECOND?

>> SECOND. >> IS THAT RECOMMENDATION TO THE CITY COUNCIL TO DENY BASED ON STAFF RECOMMENDATIONS?

>> YES. >> WAS THAT SECONDED.

>> SECOND. >> MOTION ON THE FLOOR, ALL IN FAVOR. [AYE] ALL OPPOSED.

MOTION PASSES. >> ITEM NO.

[014 Conduct a public hearing and consider and act upon an ordinance to change the zoning on Lot 2, Block 30, Town of Midlothian Addition (commonly known as 215 South 6th Street) and presently located in a Residential Three (R3) Zoning District by rezoning said property to Urban Village Planned Development District No. 152 (UVPD-152) for single family residential uses (Case No. Z07-2022-032).]

14 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE TO CHANGE THE ZONING ON LOT 2 BLOCK 30, TOWN OF MIDLOTHIAN ADDITION, COMMONLY KNOWN AS 215 SOUTH 6TH STREET, AND PRESENTLY LOCATED IN A RESIDENTIAL THREE R3 ZONING DISTRICT BY REZONING SAID PROPERTY TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NO. 152 (UVPD-152) FOR SINGLE FAMILY

RESIDENTIAL USES. >> THANK YOU.

THE PROPERTY WE HAVE IN FRONT OF YOU, THEY ARE REQUESTING TO REZONE THE PROPERTY FROM RESIDENTIAL 3 DISTRICT, WHICH IS NOW INACTIVE TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT.

OUR URBAN VILLAGE PLANNED DEVELOPMENT DISTRICTS -- WHAT THE MAIN PURPOSE WAS TO ENCOURAGE INFILL AND REDEVELOPMENT IN OUR ORIGINAL TOWN.

IT WAS PROPOSED TO ALLOW FOR PROPERTY OWNERS TO STILL DEVELOP THEIR LOTS WHEN THEY DON'T TYPICALLY MEET OUR MINIMUM STANDARDS WHEN OUR SITES ARE IRREGULAR.

SOME OF THE REQUIREMENTS ARE THAT THE ARCHITECTURAL STYLE HAS TO BE CONSISTENT WITH THE SURROUNDING AREA.

THAT THERE NEEDS TO BE SIMILARITIES.

HAS TO LOOK RESIDENTIAL. GENERALLY WE SEE A LOT OF Y UVPD BEING CHANGED FOR OFFICE USE. THE APPLICANT IS REQUESTING TO BUILD A HOME. SINGLE FAMILY DWELLING.

THE EXISTING SITE IS VACANT, UNDEVELOPED.

THE PROPOSED SITE, WHEN THEY ARE TRYING TO DEVELOP THIS PROPERTY IS HAVING ISSUES WITH TRYING TO MEET THE MINIMUM LOT DEVELOPMENT REQUIREMENTS. SUCH AS SETBACKS.

THAT'S ONE MAIN THINGS THAT THEY ARE HAVING AN ISSUE WITH, IS MEETING THE SETBACK REQUIREMENT. THE EXISTING R3 DISTRICT DOES REQUIRE FOR LOTS, FOR RESIDENTIAL PROPERTIES TO HAVE A MINIMUM SITE OR SETBACK OF SIX FEET.

THEY ARE ACTUALLY INCREASING THAT TO 7 FEET IN THIS PD.

SO IT IS ACTUALLY. THE FRONT SETBACK IS WHERE THEY ARE HAVING ISSUES. THE R3 DISTRICT, MOST OF OUR RESIDENTIAL DISTRICTS REQUIRE 2. WHEN THEY ARE TRYING TO DESIGN THIS HOME, 1,975 SQUARE FEET, THEY ARE ONLY ABLE TO GET 12.1 FEET FROM THE FRONT YARD SETBACK LINE.

GENERALLY THIS CAUSES AN ISSUE WHEN YOU HAVE THE DRIVEWAY AND FRONT ENTRY GARAGE. HOWEVER, THIS IS PROPOSED TO BE REAR ENTRY. THE ISSUE IS NONEXISTENT.

STAFF DOES RECOMMEND APPROVAL AND THIS IS CONSISTENT WITH WHAT URBAN VILLAGE PLANNED DEVELOPMENT ZONING WAS DESIGNED TO ENTAIL. IT WAS DESIGNED TO ACCOMPLISH.

ZERO CAME IN FAVOR, ZERO CAME BACK IN OPPOSITION OF NEIGHBORS.

STAFF DOES RECOMMEND APPROVAL. I CAN ANSWER ANY QUESTIONS AT

[00:45:01]

THIS TIME. >> THERE IS A CITIZEN FORM SUBMITTED. PETER LEWISTON, THAT HE IS IN FAVOR OF THE PROJECT. ANY QUESTIONS FOR STAFF? IS THERE ANYBODY WHO WOULD LIKE TO SPEAK ON THIS WHO DID NOT FILL OUT A PARTICIPATION FORM? SEEING NONE, CAN I GET A MOTION

TO CLOSE THE PUBLIC HEARING? >> MAKE A MOTION TO CLOSE.

>> SECOND. >> ALL IN FAVOR? [AYE] OPPOSED? PASSES.

ANY ADDITIONAL QUESTIONS FOR STAFF.

>> MAKE A MOTION TO APPROVE AS PRESENTED.

>> SECOND. >> ALL IN FAVOR? [AYE]. OPPOSED?

[015 Conduct a public hearing to consider and act upon an ordinance amending the regulations by changing the zoning of 104.486± acres out of the L.W. Stewart Survey, Abstract No. 997, C.R. Werely Survey, Abstract No. 1187, and the J.J. Grimes Survey, Abstract No. 1327 described in Exhibit “A-1” hereto from Agricultural (A) Zoning District to Planned Development District No. 145 (PD-145); amending and restating the development and use regulations of Planned Development District No. 145 (PD-145). The property is located west of Longbranch, and is directly northwest of the Mid-Way Regional airport (Case No. Z08-2022-035).]

MOTION PASSES. ITEM NO. 15.

CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE REGULATIONS BY CHANGING THE ZONING OF 104.486+ ACRES OUT OF THE L.W. STEWART SURVEY, ABSTRACT NO. 997, C.R. WERELY SURVEY, ABSTRACT NO.

1187, AND THE J.J. GRIMES SURVEY, ABSTRACT NO. 1327 DESCRIBED IN EXHIBIT A-1 HERETO FROM AGRICULTURAL (A) ZONING DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 145 (PD-145); AMENDING AND RESTATING THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 145 (PD-145). THE PROPERTY IS LOCATED WEST OF LONGBRANCH, AND IS DIRECTLY NORTHWEST OF THE MID-WAY REGIONAL AIRPORT. TRENTON?

>> THANK YOU. EARLIER THIS YEAR THIS PROPERTY DID COME BEFORE YOU TO BE REZONED TO PLANNED DEVELOPMENT DISTRICT NO. 145. THE ORIGINAL ZONING BEING AGRICULTURAL DISTRICT. THE ORIGINAL PHASE OF THE DEVELOPMENT, YOU WILL SEE THIS WHITE LINE RIGHT HERE, EVERYTHING TO THE SOUTH AND TO THE WEST, WHAT WAS ORIGINALLY ZONED PLANNED DEVELOPMENT DISTRICT NO. 145.

DURING THAT TIME, THE PROPERTY, THE DEVELOPER HAD NOT OBTAINED EVERYTHING NORTH AND EAST OF THIS WHITE LINE.

NOW STILL PRIVATELY OWNED BY ANOTHER ENTITY, ANOTHER INDIVIDUAL. ONE OF THE ISSUES THAT WE HAD WITH THE ORIGINAL PLANNED DEVELOPMENT, IF YOU DO RECALL, HAYES CROSSING TO THE NORTH. IN ORDER TO ACCESS THIS DEVELOPMENT TO THE SOUTH, THE FIRST ACCESS POINT WOULD BE THROUGH THE HAYES CROSSING. THEY ONLY HAD ACCESS TO ABOUT 30 LOTS AT THE TIME. ANY FUTURE ACCESS WOULD BE DEPENDENT ON HAYES ROAD CONSTRUCTED AND EXTENDED DOWN.

BETWEEN NOW AND THEN, THEY DID OBTAIN THE PROPERTY TO THE NORTH. WHAT THEY ARE REQUESTING TO DO IS TO CONTINUE ON WITH PLANNED DEVELOPMENT DISTRICT, DESIGN DEVELDEVELOPMENT AS WAS GOING IE SOUTH.

A LOT OF THIS DEVELOPMENT WAS PLANNED AROUND -- THEY WANT TO MAKE IT DIFFERENT THAN WHAT WAS ORIGINALLY -- WHAT YOU SEE IN MOST PDS HERE THROUGHOUT MIDLOTHIAN.

INSTEAD OF HAVING HARD MASONRY WALL, MIXED VEGETATION WITH DECORATIVE FENCE. HERE ON THE SOUTH, AS IT COMES FURTHER NORTH, THERE'S A BERM, A SCREEN ALONG THIS MORE OPEN.

ALSO ONE THING THAT THEY DID, THEY ADDED SIMILAR TO WHAT YOU SEE IN DOVE CREEK, RIGHT HERE YOU SEE THESE HOUSES FRONTING ON TO THE STREET HERE, ALLOWS EVEN ADDITIONAL OPENNESS ON TO HAYES ROAD. THEY DIDN'T WANT TRADITION MASONRY WALL PLANNED DEVELOPMENT.

THROUGHOUT THIS, THEY HAVE TRAILS GOING THROUGHOUT THIS ENTIRE DEVELOPMENT CONNECTING THE SOUTHERN PORTION UP TO THE NORTHERN PROPOSED PORTION. IN ADDITION WHEN THEY CAME BEFORE US, STAFF ASKING FOR THIS PROPOSED EDITION, THEY KNEW THEY NEEDED ADDITIONAL AMENITIES. THEY DID ADD ADDITIONAL AMENITIES. PLAYGROUNDS, SPLASH PARK WITHIN THE DEVELOPMENT. IN ADDITION TO EVERYTHING THAT WAS ALREADY IN THE EXISTING PD. THE PURPOSE OF THIS, THEY WANTED

[00:50:01]

TO INCREASE WITH THE TRAILS, INCREASE WALKABILITY THROUGHOUT THE NEIGHBORHOOD BY CONNECTING THAT TRAIL TO THE SIDEWALK SYSTEM. EVENTUALLY UP IN HAYES CROSSING.

THEY WANTED THE AMENITIES EASILY ACCESSIBLE.

THEY WANTED THE AMENITIES IN THE NEIGHBORHOODS TO NOT ONLY BLEND INTO THE EXISTING TOPOGRAPHICAL AND GEOGRAPHICAL AMENITIES.

THEY WANTED TO BE ABLE TO BLEND INTO THE EXISTING LAKE.

USE AS MUCH EXISTING VEGETATION AS THEY COULD.

RIGHT HERE YOU CAN SHOW HOW THE PHASES ARE BROKEN UP.

FACE ONE TO THE NORTH. HAYES ROAD WILL BE DROPPED DOWN.

FACE TWO, FACE THREE, FACE FOUR. AMENITIES ARE ALSO BROKEN DOWN BY THE PHASES. SO WHATEVER AMENITIES LOCATED IN THE PHASE, THEY ARE REQUIRED TO BUILD PRIORITY ANY BUILDING PERMITS ISSUED IN THAT PHASE. ADDITIONALLY, EXISTING PD, THERE'S APPROXIMATELY 30 ACRES OF INDUSTRIAL WAREHOUSE OFFICE, WAREHOUSE SPACE THAT WAS LOCATED JUST TO THE EAST OF THE PROPOSED HAYS ROAD. ONE THING THAT IS UNIQUE ABOUT THIS PROPERTY, AS THIS HAS BEEN DEVELOPING OVER TIME, HAYS CROSSING DOWN SOUTH, ALL SINGLE FAMILY RESIDENTIAL.

ALL THIS HERE, SINGLE FAMILY RESIDENTIAL.

CONTINUES TO MOVE DOWN SOUTH, YOU HAVE RESIDENTIAL COME UP HERE AND ACCORDING TO OUR CORPORATE MODULE, SINGLE FAMILY RESIDENTIAL IS NOT CONSISTENT WITH THE PLAN.

SO THIS PROPOSED RESIDENTIAL IS NOT CONSISTENT WITH OUR FUTURE LAND USE. HOWEVER, THE OFFICE WAREHOUSE TO THE EAST IS ALL CONSISTENT WITH THE CORPORATE MODULE.

STAFF DOES FEEL THIS IS CONSISTENT WITH WHAT HAS BEEN PROPOSED IN THE EXISTING LOCATION.

ALTHOUGH THEY ARE PROPOSING SOME LOTS THAT ARE A LITTLE BIT SMALLER THAN WHAT YOU SEE IN HAYS CROSSING OR TO THE SOUTH, STAFF DOES FEEL THAT THE DIVERSITY OF THE LOTS AND ADDING THE SLIP STREETS, ALLEYS, THE ADDITIONAL AMENITIES, BUFFERING FROM HAYS ROAD AND ADDING BUFFERING THAT IS LANDSCAPED RATHER THAN MASONRY WALL IS ADDING TO THE OVERALL DEVELDEVELOPMENT. STAFF DOES FEEL ALSO THAT THE PROPOSED EXISTING RESIDENTIAL IS CONSISTENT WITH WHAT'S GOING ON HERE. HOWEVER, DUE TO THAT ONE COMPONENT, THE ONLY COMPONENT OF THE RESIDENTIAL PORTION NOT BEING CONSISTENT WITH THE FUTURE PLAN.

WE RECOMMEND DENIAL BECAUSE IFST IS NOT CONSISTENT WITH THE PLAN.

THE INDUSTRIAL OFFICE IS CONSISTENT WITH THE PLAN EA AND AND ITWOULD BE ODD TO HAVE RESIL AND THEN OFFICE RIGHT HERE BETWEEN EXISTING RESIDENTIAL DEVELOPMENT.

STAFF DID NOTICE ALL PROPERTY OWNERS IN 200 FEET.

ZERO CAME BACK IN FAVOR. ZERO CAME BACK IN OPPOSITION.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU. >> ANY QUESTIONS FOR STAFF?

>> DOES STAFF AGREE WITH THE NET DENSITY OF 1.83?

>> YEAH, SO DUE TO HOW IT IS DESIGNED -- DUE TO HOW THE

DEVELOPMENT IS DESIGNED. >> I KNOW SOMETIMES WE GET INTO THESE DENSITY LEVELS ON PAPER THAT DON'T PARTICULARLY COINCIDE. IS 1.93 A SEMI CLOSE NUMBER?

>> DENSITY DIDN'T CHANGE. >> OKAY.

>> MY PROFESSIONAL OPINION, I FEEL THAT THIS WAS ALL INDUSTRIAL OFFICE SPACE, THERE WOULD BE -- THE TRAFFIC WOULD COMPLETELY CHANGE THE SURROUNDING AREA.

YOU HAVE MAJOR IMPACTS TO THE NORTH AND TO THE SOUTH, EXISTING ZONING RIGHT HERE AND TO THE EXISTING RESIDENTIAL CONSTRUCTION THAT HAS ALREADY OCCURRED.

>> I GUESS I'M CONFUSED AT THE MOMENT, OBVIOUSLY.

FACEPHASE ONE AND PHASE TWO IS HOMES.

I SEE INDUSTRIAL OFFICE TO THE RIGHT.

I'M EXCLUDING THAT FROM MY CONVERSATION PRESENTLY.

SO PHASE ONE AND PHASE TWO, IT IS WHEN YOU MOVED YOUR TRACER AROUND, IT LOOKED LIKE PHASE ONE AND TWO WERE OFFICE SPACE.

ARE THEY OR AREN'T THEY? >> SINGLE FAMILY HOME.

>> I THINK WE ARE ON THE SAME PAGE.

SO THEREFORE THE DENSITY THAT I AM LOOKING AT -- SO WHAT YOU ARE TRYING TO TELL ME, THAT WOULD CHANGE IF WE WEREN'T INCLUDING

[00:55:02]

THE INDUSTRIAL OFFICE, IT IS ON A TOTAL GROSS SCALE TO GET THAT DENSITY. IS THAT WHAT YOU ARE STATING?

>> THE DENSITY A CALCULATED ON THE RESIDENTIAL.

>> THAT'S WHAT I'M INTERESTED IN.

>> THEY DIDN'T INCLUDE THIS AREA AS PART OF THE DENSITY.

ONLY INCLUDE THE RESIDENTIAL PORTION.

>> DO WE HAVE ANY POINTERS UP HERE? I HAVE GOT A QUESTION. WHAT ARE THOSE -- IS THAT PART OF THE -- IS THAT IT? IS THAT PART OF THE TRAIL SYSTEM RIGHT THERE? WHAT ARE THESE LITTLE SLIPS BACK

IN HERE. >> [INAUDIBLE].

>> I THOUGHT -- DO WE HAVE ANY ALLEYS IN ANY OF OUR NEW CONSTRUCTION IN THIS CITY THUS FAR?

>> YES. WE HAVE PROPOSED ALLEYS IN RED FARMS, PROPOSED ALLEYS IN SOME OF THE BRIDGE WATER.

>> I WAS UNDER THE ASSUMPTION WE STAYED AWAY FROM.

>> NO, NOT FROM MY UNDERSTANDING.

WE STILL HAVE PROPOSED ALLEYS THROUGHOUT THE CITY.

>> [INAUDIBLE]. >> I KNOW WE HAD ALLEYS IN WHAT

I REFER TO IN NEWTOWN. >> AND THEN WOODCLIFF ESTATES

HAS ALLEYS. >> I KNOW AS OVERALL SCALE, I KIND OF FELT LIKE ALLEYS WERE SOMETHING WE TRIED TO STEER AWAY FROM. I LIKE THE WAY THE GREEN SPACE IS DONE ALONG THE MAIN THOROUGHFARE.

WHEN WE DROP DOWN ON THAT SOUTHEAST CORNER, I'M ASSUMING THOSE -- YOU WILL BE -- IS THAT -- COME ON UP A LITTLE BIT.

THAT WHOLE STRING OF HOMES RIGHT THERE, IS THAT THE BACK OF THOSE

LOTS, I ASSUME? >> YES, SIR.

>> WILL THERE BE A WROUGHT IRON REQUIREMENT THERE? HERE'S MY CONCERN, I DRIVE INTO NEIGHBORHOODS 25 YEARS OLD, THOSE BACKYARDS DON'T LOOK REAL GOOD AFTER 25 YEARS WITH ALL THE STUFF THAT'S IN THEM. SO THAT GREEN SLIP THERE GOING TO COVER UP WHATEVER IS IN THOSE BACKYARDS IN 20 YEARS?

IT IS GOING TO BE THICK ENOUGH? >> RIGHT NOW, THIS IS ALL

HEAVILY WOODED RIGHT HERE. >> SO THAT WILL BE --

>> THEY ARE PLANNING NOT TO TOUCH.

>> HOW WIDE IS THAT, DO WE TH THINK?

>> IT IS PRETTY WIDE. >> WE WENT THROUGH THIS BEFORE ON -- THERE WAS ONE DOWN MIDLOTHIAN PARKWAY, WE THOUGHT WE WERE GOING TO HAVE A BIG BUFFER AND IT ENDED UP BEING

11 FEET. >> WHEN WE CAME THROUGH THE DESIGN, I KEPT ON TELLING THE DEVELOPER IN MULTIPLE MEETINGS, WE WANT TO FIND A WAY TO LEAVE IT MORE OPEN, ALLOW MORE VEGETATION AND THAT'S WHAT THEY CAME BACK WITH.

THEY AGREE, NECESSARY RIGHT-OF-WAY WANTED TO LEAVE A WIDER BUFFER THAN NORMAL. WE REQUIRE 10 TO 15 FEET.

THEY WENT ABOVE AND BEYOND. THE WHOLE PURPOSE OF THAT IS TO BE DIFFERENT THAN ANY OTHER DEVELOPMENT HERE IN MIDLOTHIAN, TO ALLOW FOR THE OPENNESS FEEL, TO BE ABLE TO PROTECT THE EXISTING VEGETATION ON THE SITE AND USE THE EXISTING VEGETATION THAT IS THERE, THE TREES TO CONTINUE TO SCREEN THIS AREA.

>> WE WILL WAIT AND HEAR FROM THE APPLICANT.

HE WILL ENLIGHTEN US. >> TRENT, WHAT YOU ARE SAYING IS THE AREA THAT COVERS PHASE ONE AND PHASE TWO, THAT IS CURRENTLY IN OUR FUTURE PLAN, COMMERCIAL INDUSTRIAL.

>> CORPORATE MODULE. >> WHICH ENCOURAGES OFFICE PARK

AND LIGHT INDUSTRIAL. >> AND THEN TO THE SO SOUTH OF

PHASE FOUR. >> THAT'S ALL CORPORATE MODULE.

THIS WHOLE AREA INCLUDING -- JUST SOUTH OF HAYS, EVERYTHING DOWN HERE IS CORPORATE MODULE GOING FURTHER SOUTH.

>> THANK YOU. ANY OTHER QUESTIONS FOR STAFF? WOULD THE APPLICANT LIKE TO SPEAK?

STATE YOUR NAME AND ADDRESS. >> TERRY WEAVER, WITH STERLING DEVELOPMENT COMPANY, 815 WEST MAIN STREET.

I REPRESENT THE OWNER, MASTER DEVELOPER.

WHAT WE HAVE TRIED TO ACCOMPLISH HERE IS, YA'LL WHEN WE CAME BEFORE THIS -- THAT WAS ZONED DOWN HERE ON THE SOUTHERN 168 WAS ALREADY IN THE CORPORATE MODULE.

BUT IF YOU GO BACK AND LOOK AT THE VISION PLAN, IT STATES THAT

[01:00:03]

MTHESE MODULES CAN HAVE TRANSITION AREAS.

WITH HAYS CROSSING ALREADY NOT BEING IN THE CORPORATE MODULE, IT WAS ZONED FOR RESIDENTIAL AND BASED ON THAT, BASED ON US USING THE HAYS COLLECTOR AS OUR BU BUFFER, P&Z AND COUNCIL ZONED THE BOTTOM 16, PHASE THREE AND FOUR AS YOU SEE IT.

OUGHT PINK LOTS IN PHASE THREE, COMMISSIONER RODGERS, ARE HALF ACRE PLUS LOTS. ALL BLUE LOTS ARE PRESIDENT PREN THE 14,000. EVERYTHING YOU SEE, EXCEPT FOR THE ORANGE ALLEY LOTS AND THAT ONE ROW OF LIGHT GREEN RIGHT BEFORE PHASE ONE ALLEY LOTS, EVERYTHING IS SIDE ENTRY.

NO J SWING. 85-FOOT.

AND WE JUST THOUGHT INSTEAD OF HAVING A HOMOGENOUS, CLOSE TO 300 SAME-LOOKING LOTS, LET'S CREATE A LIFESTYLE UP HERE FOR PEOPLE THAT ARE NEEDING FIRST-TIME HOMES OR EMPTY NESTERS LIKE MYSELF TO HAVE A SMALLER LOT WITH LESS MAINTENANCE WITH THE ALLEY, THAT SORT OF THING.

WE HAVE ABOUT 70 OF THOSE THERE. 60-FOOT FRONTS AND 70-FOOT FRONTS. WE ARE NOT ASKING FOR ANY W 40S OR 50S ON THE'S. WE STILL WANT THIS THING TO KIND OF HAVE AS MUCH OF A RURAL FEEL OF A CITY DEVELOP DEVELOPMENT .

THE LAKE IS RECREATIONAL LAKE. IT IS NOT A CONSERVATION.

YOU ARE NOT SUPPOSED TO ACCESS THEM.

IT HAS CLEAR SHORELINES, IT IS BEAUTIFUL.

WE ARE GOING TO HAVE A PARK AREA, PICNIC AREA.

WE TRIED TO DO AS MUCH TREE PRESERVATION AS WE COULD BECAUSE THAT'S IN THE ENVISION PLAN ALSO.

SO ALL THE GREEN AREA RIGHT THERE WHERE IT SAYS PHASE THREE, THAT HAS HUGE EXISTING TREES, WE'RE GOING TO PRESERVE ALL THAT. THAT'S WHY WE PRESERVED THIS AREA NEXT TO HAYS COLLECTOR. WE ARE GOING TO HAVE FOUR PLAYGROUNDS. ALMOST A MILE AND A HALF OF HIKE AND BIKE TRAIL. PICNIC WITH OUTDOOR KITCHEN DOWN BY THE LAKE. SO IT IS GOING TO BE A QUALITY DEVELOPMENT, SUSTAINABLE FOR THE FUTURE MIDLOTHIAN.

NOW, WE DID WANT TO MEET THE CORPORATE MODULE BY CREATING AND BUFFERING FROM THE AIRPORT WITH 60 ACRES OF OFFICE WAREHOUSE.

WE WILL COME BACK TO YA'LL IN THE FUTURE FOR ZONING AND SITE PLANNING. WE HAVE BEEN IN CONVERSATION WITH THE AIRPORT MANAGER ON THIS ALL THE WAY THROUGH.

MY CLIENT ALSO PURCHASED THE 25 ACRES DUE NORTH OF THE AIRPORT SO HE WILL HAVE AN 85-ACRE OFFICE WAREHOUSE COMMERCIAL TRACT OF LAND OUT THERE. AIRPORT IS REALLY INTERESTED. WE HAVE ALREADY GOT ONE FUTURE EMPLOYER LOOKING TO COME HERE, AN AIRPLANE PARTS VENDOR.

AND THEY HAVE TWO OTHER LOCATIONS IN THE STATE OF TEXAS, LOOKING FOR A THIRD. WE ARE IN CONVERSATIONS WITH THEM. SOME OTHER OFFICE WAREHOUSE PEOPLE. WE ARE GOING TO KEEP IT VERY LOW ON HAVING LARGE TRUCKS FOR DISTRIBUTION WAREHOUSES AND ALL THAT. WE DON'T HAVE THE ROADWAY.

HAHAYS COLLECTOR WILL BE FOUR LANES.

ON THE LONG-TERM THOROUGHFARE PLAN, IT IS TO GO ALL THE WAY DOWN AND CONNECT TO THE ROAD FROM THE AIRPORT.

YOU DO HAVE VACANT LAND SOUTH OF THERE.

THE SEALS FAMILY OWNS SOUTH OF US.

BRIDGE WATER COMES IN AND MORE SEALS LINE DOWN 287.

WE THINK THIS IS A NICE TRANSITION.

YA'LL THOUGHT IT WAS BACK IN SEPTEMBER WHEN YA'LL GRANTED THE ZONING ON THE 168. WE'RE TRYING TO KEEP THE SAME DENSITY ALL THE WAY THROUGH, KEEP THE LOOK AND CREATE A REAL QUALITY DEVELOPMENT FOR MIDLOTHIAN.

I KNOW STAFF HAS BEEN GIVEN DIRECTIONS, IF IT DOESN'T MEET THE LAND USE PLAN AND MODULES EXACTLY, THEY HAVE TO ASK YOU TO DENY IT. I JUST FOUND THIS ON PAGE 67 IN THE ENVISION PLAN AS PART OF THE FUTURE LAND USE PLAN THAT CREATED THE MODULES YESTERDAY. FUTURE LAND USE PLANS INTENDED AS GUIDE FOR GROWTH. IT IS NOT A ZONING ORDINANCE AND DOES NOT CONTAIN ANY PROVISIONS THAT OTHERWISE GOVERN USE OF LAND. IT IS A GUIDE.

SO I THINK THAT'S THE WAY -- THE SPIRIT THAT WE HAVE TO LOOK AT THIS TORRENT. TONIGHT.WHAT IS THE HIGHEST BESR

[01:05:05]

THE PROPERTY AND BEST FOR THE CITY OF MIDLOTHIAN.

I'M ASKING YA'LL TO APPROVE IT. I ALWAYS LIKE TO HAVE STAFF GIVE ME THE ATA BOY BEFORE YOU TALK TO P&Z AND COUNCIL.

THEY DIDN'T. I THINK THEY A ALL LIKE MY PLAN BUT THEY ARE ASKING YOU TO DENY IT.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YA'LL HAVE.

>> ANY QUESTIONS FOR THE APPLICANT?

>> NONE PRESENTLY. >> THANK YA'LL.

>> THE QUESTION I WOULD HAVE, AND I DON'T SEE IT IN MY PACKET THAT WOULD BE IMMENSELY HELPFUL FOR ME, I FEEL LIKE I'M LOOKING AT A POSTAGE STAMP OF THE BIG PICTURE.

IS THERE ANY WAY WE HAVE AN OVERLAY, MEANING THE COMP PLAN COLOR CODED PICTURE ANYTHING, GIVING THIS BOARD A WHERE THIS FITS IN THE BIG PICTURE? IT WOULD BE IMMENSELY HELPFUL TO ME TO SEE WHAT FITS AROUND IT, WHAT KIND OF PRESENTLY THERE BEFORE WE START MAKING DECISIONS TO GO ALONG WITH OR AGAINST STAFF.

WOULD THAT HELP YA'LL? >> I THINK SO.

>> DO YOU WANT TO GET THROUGH THE REST OF THE MEETING?

>> JUST GIVING THEM A HEADS UP THAT I WOULD LIKE TO SEE IT.

>> TRENTON, WE DID HAVE A NOTIFICATION FROM ADJACENT PROPERTY OWNER LETTER THAT WAS SUBMITTED.

I DO NOT SEE A NAME ON IT. I DON'T KNOW IF YOU SAW THIS.

IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK ON THIS WHO HAS NOT FILLED OUT A CITIZEN PARTICIPATION FORM? SEEING NONE. CAN I GET A MOTION TO CLOSE THE

PUBLIC HEARING? >> MOTION TO CLOSE.

>> SECOND. >> ALL IN FAVOR [AYE] OPPOSED.

MOTION PASSES. COMMISSIONER RODGERS, WE ARE WAITING TO PULL THIS UP. WOULD YOU LIKE TO CONTINUE YOUR

QUESTIONS? >> I'M ANXIOUS FOR STAFF TO KIND

OF -- >> SO THIS IS WHERE -- THIS IS THE SOUTHERN PORTION THAT ALREADY BEEN APPROVED.

RIGHT IN THIS LITTLE SQUARE AREA IS WHERE THE INDUSTRIAL OFFICE IS LOCATED. THAT PORTION IS LOCATED.

RIGHT HERE IS WHERE IT CONTINUES UP.

THIS IS WHERE THEY ARE PROPOSING TO BE RESIDENTIAL. THIS IS HAYS CROSSING. THERE'S AN EXISTING RESIDENTIAL, CORPORATE MODULE, THE OVERALL AREA SHOWING WHAT THE FUTURE

LAND USE CALLS FOR. >> AND THAT WHOLE BLUE REGION NATURALLY IS RELYING UPON THE AIRPORT.

WE HAVE ALWAYS KNOWN THERE COULD BE A GOOD AMOUNT OF --

>> HERE'S THE AIRPORT RIGHT HERE.

>> -- INDUSTRIAL TYPE. WILL THE AIRPORT ALWAYS FLOW OUT THE SOUTH OR IS THERE FUTURE PLANS THAT A PORTION OF THAT

COULD POTENTIALLY -- >> MR. RODGERS, WHAT I KNOW

ABOUT AIRPORTS -- >> BUT I'M TALKING TRAFFIC FLOW ONLY. JUST TRAFFIC FLOW, FOR THAT

INDUSTRIAL PORTION. >> CAR TRACT?

TRAFFIC?AIR TRAFFIC? >> I'M TALKING ROLLING TRAFFIC.

>> [INAUDIBLE]. >> NIGHTTIME TI'M NOT TALKING AS OR AIR TRAFFIC. IF WE HAVE AN INDUSTRIAL STRUCTURE, BUILDINGS THAT IS, A SUPPORT PROCESS, THAT SUPPORT THAT SURROUNDS THE AIRPORT, OR BOTH SIDES OF IT, THAT ROLLING TRAFFIC, NOT AIRPLANES, HAS TO GO SOMEWHERE.

IS IT GOING TO CONTINUE TO GO SOUTH OR IS IT GOING TO GO

NORTH? >> AS WE ZOOM OUT, I WILL ADD A

NEW LAYER. >> I DIDN'T KNOW WHAT THE AIRPORT HAS PLANS THAT POSSIBLY THE CITY KNOWS ABOUT THOROUGHFARES ROLLING IN AND OUT OF THERE.

>> THIS IS THE THOROUGHFARE PLAN.

THE PROPOSED HAYS ROAD AS IT COMES DOWN, FURTHER SOUTH, ALL THE WAY DOWN 287. THE CITY HAS LOOKED AT THIS.

AS YOU KNOW, THOROUGHFARE PLAN, 30,000 FEET UP IN THE AIR, IT

[01:10:04]

HAS TO BE SHIFTED ACCORDING TO WHAT COUNTY DEVELOPMENT TAKES PLACE. THERE'S A PLANNED THOROUGHFARE

DOWN 287. >> HOW IS THE PROPERTY TO THE

NORTH OF THERE, HOW IS IT ZONED? >> RIGHT HERE, THIS IS ALL ZONEN OUR ETJ SECTION, NOT PART OF THE CITY.

>> I'M TALKING THE BLUE, RIGHT BELOW THE PINK LINE, RIGHT THERE

EAST, RIGHT THERE AND EAST. >> THERE.

>> EAST. >> SOUTH, THAT BOX.

THE GRAY BOX. >> THAT'S LIGHT INDUSTRIAL.

>> AND IS THAT -- IS THAT ZONED LIGHT INDUSTRIAL.

>> STRAIGHT ZONED LIGHT INDUSTRIAL.

THIS IS LIGHT INDUSTRIAL. LIGHT INDUSTRIAL USES SIMILAR TO WHAT'S BEING PROPOSED IN THE EASTERN PORTION OF THE PROPERTY.

>> AND WHERE IS HIS PROPERTY? SHOW ME AGAIN?

HIS INDUSTRIAL? >> HIS INDUSTRIAL, HAYS ROAD,

HIS INDUSTRIAL IS RIGHT HERE. >> SO IS IT NOT ABUTTING HIS

INDUSTRIAL? >> IT WOULD BE ABUTTING.

>> WE ARE USING HAYS ROAD AS BUFFER BETWEEN ANY -- LIGHT INDUSTRIAL IS REALLY FOR OFFICE WAREHOUSE.

YOU HAVE A RESTRICTION ON HEIGHT BUILDINGS.

[INAUDIBLE]. >> SORRY, IF WE CAN GET YOU UP

HERE. >> SO WHAT'S THE PROPERTY TO THE

WEST OF THE GRAY BLOCK? >> THIS?

>> WHAT'S THAT? >> THAT'S WHERE THE INDUSTRIAL WILL BE, LIGHT INDUSTRIAL PORTION WOULD BE.

>> THE SOUTHERN END HAS ALREADY BEEN SORT OF ZONED WHEN YA'LL ZONED 168 FOR OFFICE WAREHOUSE USE.

THERE JUST WASN'T ANY SPECIFICS TO THAT.

>> I GUESS -- THIS IS WHY I WANTED TO DO THIS.

I'M STARTING TO SEE HOW THIS ALL TIES TOGETHER SO THAT I CAN KIND OF GET SOME HELP FROM YOU. WHAT'S THE PROBLEM WITH THE -- WHAT HE IS WANTING TO DO? IT IS ALMOST LIKE IT ATTACHES TO EVERYTHING. AM I MISSING SOMETHING.

>> STAFF DOESN'T HAVE ANY CONCERN WITH THE PROPOSED REQUEST. WE THINK EVERYTHING SURROUNDING IS CONSISTENT. OUR ONLY ISSUE IS THAT THE COMP PLAN CALLS THE CORPORATE MODULE. AND WE HAVE BEEN DIRECTED TO --

>> IS THERE ANY OTHER CORPORATE MODULE IN THE AREA THERE.

>> THIS WHOLE AREA HERE. >> WELL, I NOTE THAT.

BUT I'M TRYING TO FIND WHAT STAFF IS THINKING -- I HAD IN MY MIND WHEN WE GOT IT ON THE BIG PICTURE, WE ARE GOING TO FIND THIS BLIP OF WHAT HE IS WANTING TO DO WITH OFFICE SPACE AND INDUSTRIAL IN THE MIDDLE OF A BUNCH OF HOUSES OR VICE VERSA, I'M NOT SEEING THAT. IT IS ALMOST LIKE HE IS CAUGHT IN THE MIDDLE OF A BUNCH OF PAPERWORK.

>> WE HAVE BEEN DIRECTED -- >> CAUGHT IN THE MIDDLE OF BLUE

BLOB PUT ON A PIECE OF PAPER. >> WE HAVE BEEN DIRECTED TO --

>> I THINK THIS IS WHERE WE TAKE THOSE PLANS AND WE DEFINE THOSE

HARD LINES. >> I'M IN AGREEMENT.

THAT'S WHY I'M WANTING TO DO THIS.

>> THERE'S THREE APPENDIXES TO THE ENVISION PLAN.

ONLY ONE OF THEM HAVE THE BIG BLUE BLOB, IT IS THE ONE THAT WAS ADOPTED. IF YOU LOOK, THE OTHER TWO, THAT'S ALL RESIDENTIAL. THE BLUE BLOB IS OVER THERE IN THE OTHER ONE. SOME PEOPLE HAD IDEAS WE DIDN'T NEED AS BIG OF A BLUE BLOB AS WE HAD.

THAT'S WHAT WE ARE TRYING TO DO. WHAT'S THE BEST USE.

>> SO HIS OTHER -- HIS RESIDENTIAL ABUTS RESIDENTIAL, MORE OR LESS. AND INDUSTRIAL OFFICE SPACE, WHATEVER, IT ABUTS OTHER LIGHT INDUSTRIAL, RIGHT?

>> RIGHT. THIS LIGHT INDUSTRIAL, HERE'S

WHERE HIS STARTS. >> SO IT IS ALMOST AS THOUGH HE

[01:15:01]

IS CREATING A FLOW THROUGH. >> ABSOLUTELY, AGREED.

>> SO YA'LL APPROVED OR DENIED. >> WE HAVE TO RECOMMEND DENIAL BASED OFF WHAT THE COMP PLAN SAYS.

>> OKAY, OKAY, I'M WITH YOU. >> OTHER THAN THAT, WE ARE FINE

WITH THE DEVELOPMENT. >> ALWAYS LOOKING FOR A WAY TO

HELP STAFF. >> THANK YOU, WE APPRECIATE IT.

>> I SEE THIS ONE OF THOSE TRANSITIONS ON THE EDGES.

WE TAKE THAT PARDON LINE IN THE MIDDLE AND MAKE IT A DEFINED

TRANSITION. >> I DID HAVE ONE OTHER QUICK QUESTION FOR THE DEVELOPER, IF THAT'S OKAY.

HAVE WE CLOSED PUBLIC HEARING ON THIS?

>> WE HAVE. BUT IT'S OKAY.

>> JUST TO GET IN THE DEVELOPER'S MIND.

WHAT'S THE BENEFIT, WE SEE THIS IN OTHER TOWNS.

I DO KNOW THAT WHEN WE HAVE HAD ALLEYWAYS, IT IS TYPICALLY BEEN ON SMALLER LOTS. I DON'T -- I BELIEVE YOUR SMALLER LOTS, ROUGHLY 70 FOOTERS.

>> AND -- >> THEY ARE NOT REALLY -- SO MY QUESTION IS. YOU HAVE ALREADY GOT STREETS ON THE FRONTAGE. SO WHY HAVE AN ALLEYWAY?

>> BECAUSE I DON'T WANT TO PUT A GARAGE ON THE FRONT OF THE HOUSE. I WANT THE GARAGE TO BE IN THE

REAR. >> SO YOU ARE ONE OF THOSE DEVELOPERS THAT'S AGAINST FRONT ENTRY GARAGES?

>> I THINK THERE ARE PLACES FOR THAT.

I HAVE DONE THOUSANDS OF FRONT ENTRY LOTS IN THE YEARS.

WHAT WE TRY TO DO TODAY, IN MY OPINION, AND OTHER CITIES HAVE CREATED BY THEIR RESTRICTIONS, THEY MAKE A NEIGHBORHOOD LOOK JUST ALL ALIKE BECAUSE THEIR RULES MAKE IT LOOK ALL ALIKE.

WE TRIED TO CREATE SOMETHING WHERE WE HAVE HALF ACRE LOTS THAT WILL RESEMBLE AN ONE ACRE LOT OUT IN THE COUNTRY.

>> WHAT'S THE SETBACK ON THE GARAGE FRONTAGE TO THE ALLEY, ROUGHLY? 20-FOOT PLUS.

>> 20 TO 25. >> BUT WE HAVE BEEN INTO THAT

BEFORE, TOO. >> I THINK WE'RE 20 FEET FROM OUR PROPERTY LINE WHICH MEANS THE APRON FROM THE ACTUAL ALLEY

ADDS TO THAT. >> DO WE KNOW ROUGHLY HOW BIG

ALLEY WE HAVE GOT? >> NOT YET.

WE HAVEN'T DONE ENGINEERING. >> SO IT WOULD BE A 4.

>> A 24. >> WE TYPICALLY DO A 24.

>> OKAY, THANK YOU. >> ANY MORE QUESTIONS FOR STAFF? BEFORE WE GET A MOTION. SEEING NONE, CAN I GET A MOTION?

>> I MOVE TO APPROVE. >> SECOND.

>> WE ARE APPROVING THE APPLICANT'S REQUEST.

NOT STAFF RECOMMENDATION. JUST WANT TO CLARIFY THAT.

ALL IN FAVOR. >> [AYE] OPPOSED.

MOTION PASSES. ITEM NO. 16.

[016 Conduct a public hearing and consider and act upon an ordinance amending the use and development regulations of Planned Development District No. 117 (PD-117) relating to accessory building standards. The property is located west of Joe Wilson Road and north of Wisteria Trail (Case No. Z09-2022-036).]

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 117 (PD-117) RELATING TO ACCESSORY BUILDING STANDARDS. THE PROPERTY IS LOCATED WEST OF JOE WILSON ROAD AND NORTH OF WISTERIA TRAIL.

>> THANK YOU, COMMISSIONERS. PD117 CONTAINS A VARIETY OF LOT SIZES. THESE LOT SIZES ARE GOING TO RANGE FROM SIX TENTHS OF AN ACRE TO OVER ONE ACRE IN SIZE.

THE APPLICANT IS REQUESTING ALL LOTS WITHIN THE AZALIA HALLOW SUBDIVISION HAVE THE ABILITY TO CONSTRUCT A REST ROOM WITHIN AN ACCESSORY STRUCTURE, NOT TO BE CONFUSED WITH SECONDARY DWELLING UNIT. IN THIS PARTICULAR CASE, A REST ROOM WITHIN AN ACCESSORY STRUCTURE WOULD BE LIMITED TO ONE TOILET, ONE SINK, AND A TUB WITH A SHOWER OR JUST A TUB OR JUST A SHOWER. CURRENTLY ZONING ORDINANCE ALLOWS FOR LOTS ONE ACRE OR LARGER IN SIZE TO INCLUDE REST ROOMS WITHIN THEIR ACCESSORY STRUCTURES.

SO THIS IS REALLY INTENDED MORE FOR FULL HOMES, STUDIOS, AGAIN NOT TO BE USED AS A SECONDARY DWELLING UNIT.

IF A SECONDARY DWELLING UNIT IS PURSUED IN THIS DEVELOPMENT,

[01:20:04]

THEY WOULD STILL HAVE TO GO THROUGH THE PROPER REQUIREMENTS.

THERE ARE CERTAIN CRITERIA THAT HAVE TO BE MET.

BUT THIS IS NOT WHAT THE APPLICANT IS ASKING FOR.

WE DID SEND OUT 37 LETTERS TO PROPERTY OWNERS WITHIN 200 FEET.

WE DIDN'T RECEIVE ANY RESPONSES FROM THE PROPERTY OWNERS.

STAFF IS RECOMMENDING APPROVAL OF THIS PD AMENDMENT REGARDING THE ACCESSORY BUILDINGS. I CAN CONTINUE TO STAND FOR

QUESTIONS. >> ANY QUESTIONS FOR STAFF?

>> SO I WOULD ASSUME THAT STAFF'S CONCERN IS A STRUCTURE OF THIS TYPE COULD BECOME A SECONDARY DWELLING.

>> WELL, OUR CONCERN. >> NOT NECESSARILY STAFF'S, BUT

IN GENERAL. >> IN GENERAL, RIGHT.

WE DON'T WANT -- THESE ARE NOT TO BE MISINTERPRETED AS

SECONDARY DWELLING UNITS. >> TO BE USED AS, IN OTHER

WORDS. >> RIGHT.

NOW, WHEN YOU HAVE A SECONDARY DWELLING UNIT, THAT WILL CONSIST OF HAVING A KITCHEN. THESE DO NOT HAVE KITCHENS.

THESE CANNOT HAVE KITCHENS. THESE CAN HAVE A REST ROOM AND THEY CAN BE AIR CONDITIONED OR THEY CAN BE NOT AIR CONDITIONED.

BUT. >> SO THE POTENTIAL WOULD DEFINITELY BE THERE. THAT IN TIME THESE WOULD BECOME

RENTABLE. >> WELL, THEY CAN'T BE RENTABLE.

>> NOT EVEN IN 30 YEARS, UNDER THE RADAR.

NOBODY HAS EVER DONE THIS BEFORE?

>> NO. >> IT IS ILLEGAL.

>> AND PEOPLE NEVER DO THINGS LIKE THAT.

>> I CAN'T SAY THAT LOTS ARE ONE ACRE, REGARDLESS OF WHETHER WE ARE TALKING ABOUT THIS SUBDIVISION OR CITY WIDE, ANYONE WHO LIVES ON ONE ACRE OF LAND, THEY CAN HAVE AN ACCESSORY BUILDING STRUCTURE WITH A REST ROOM.

THAT IS ALLOWED BY RIGHT CURRENTLY.

>> OKAY. I WILL LEAVE THIS UP TO THE REST

OF THEM. >> ANY OTHER QUESTIONS FOR ST STAFF? WOULD THE APPLICANT WHRIEK TO LO

SPEAK? >> SURE.

>> TAYLOR PERIN, THANK YOU COMMISSIONERS.

THE WAY THIS CAME UP WE ARE BUILDING A HOUSE RIGHT NOW, FRAMING IT. ONE WITH THE POOL HOUSE THERE.

THERE ON .91 ACRES. WHEN WE WERE GOING THROUGH PERMITTING, TALKING WITH BUILDING OFFICIALS, WE REALIZED THAT TO BE ABLE TO BUILD THIS, MY APOLOGIES, IT IS A STUDIO THAT WE ARE DOING, THAT WE WOULD HAVE TO DO IT AS A SECONDARY DWELLING BECAUSE IT HAS A REST ROOM.

AND THEN THERE'S A LOT RIGHT NEXT DOOR.

WE HAVE A MIX OUT THERE OF ANYWHERE FROM .65 ALL THE WAY UP TO 2-ACRE LOTS. SO HIS NEIGHBOR COULD BUILD THAT SAME STUDIO ON ONE ACRE, SO IT IS .91 ACRES BIGGER.

AND IT WOULD BE A 300-DOLLAR ACCESSORY BUILDING PERMIT.

IT COULD BE BUILT ALONG WITH THE HOUSE.

IT WOULD BE ABLE TO STILL HAVE ALL THE INSPECTIONS BUT NOT HAVE A WHOLE SECONDARY BUILDING PERMIT LIKE A SECONDARY DWELLING THAT ENDS UP BEING ABOUT $3,500. SO I THINK WE HAVE ABOUT 50 OF OUR 110 LOTS THAT ARE BELOW ONE ACRE AND SO IT IS -- IF WE HAVE A POOL HOUSE OR STUDIO ON THOSE 50, THEY SHOULD NOT HAVE TO BE PERMITTED DIFFERENTLY THAN THE PEOPLE THAT ARE ON ONE ACRE.

SO THAT'S HOW THIS KIND OF CAME UP.

AND IT IS JUST BECAUSE, YOU KNOW, IN THE ORDINANCE IT JUST WAS NOT SOMETHING THAT WE CAUGHT AT THE TIME.

>> UNDERSTOOD. ANY QUESTIONS FOR THE APPLICANT?

>> AND NONE OF THESE ARE INTENDED TO BE RENTAL OR TRULY A SECONDARY DWELLING. IF IT WAS A SECONDARY DWELLING,

WE WOULD PERMIT IT THAT WAY. >> THANK YOU.

>> THANK YOU. >> WE HAVE NO FORMS SUBMITTED.

IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK THAT HAS NOT FILLED OUT A PARTICIPATION FORM? SEEING NONE.

CAN I GET A MOTION TO CLOSE THE PUBLIC HEARINGS.

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

>> ALL IN FAVOR. >> [AYE] OPPOSED? MOTION PASSES. IS THERE ANY MORE QUESTIONS FOR

STAFF. >> SO THIS WOULD BE -- HOW IS THIS -- THIS IS JUST FOR THIS ONE PROPERTY.

>> THIS IS FOR THE ENTIRE DEVELOPMENT.

EVERYTHING THAT YOU SEE. >> THAT'S WHAT I THOUGHT.

SO IS THERE NOT A WAY TO DO THIS ON A -- IS THERE A WAY TO FLOW THIS OVER INTO THIS PROPERTY BECAUSE THIS IS MY CONCERN.

I GET THE WHOLE IDEA ARE THE POINT 9 ACRES.

[01:25:09]

I WOULD LIKE RATHER THAN GIVE IT OVER TO THE SUBDIVISION, TO DO IT LIKE A SUP PROCESS. I'M NOT STATING THAT WOULD BE THE DIRECTION TO GO. WOULD STAFF FEEL MORE COMFORTABLE WITH THAT? HOW DOES STAFF FEEL.

>> I THINK WE SUPPORT THE -- WE DEFINITELY SUPPORT THE IDEA THAT IF THESE ARE NOT MEETING THE CRITERIA OF SECONDARY DWELLING UNIT, NOT A KITCHEN, IT IS NOT A MOTHER-IN-LAW'S SUITE, THESE ARE STILL GOING TO CONNECT TO THE SAME UTILITIES.

STILL CONNECTING TO THE SAME SEWER SYSTEM.

THEY ARE ALL ON SITE SEPTIC SYSTEMS IN THIS AREA.

THERE'S NO CITY SEWER IN THIS AREA.

THEY ARE ALL GOING TO STILL USE THE SAME UTILITIES OF THE HOME.

YOU KNOW, WE DON'T SEE AN ISSUE WITH IT.

AGAIN, IF THEY ARE SUBMITTING PLANS THAT INCLUDES A KITCHEN OR LIVING ROOM OR A -- I SHOULDN'T SAY A LIVING ROOM, LIKE A BEDROOM WITH A KITCHEN, THEN WE ARE TALKING ABOUT SECONDARY DWELLING UNITS. JUST LIKE HOW WE TREAT ANY OTHER HOME THAT'S IN THE CITY, THAT'S WHEN YOU DO A SECONDARY DWELLING UNIT. IT SOUNDS LIKE THE POSITION YOU ARE TAKING IS, YOU WOULD PREFER THEY COME BACK THROUGH A SUP PROCESS IF THEY ARE UNDER AN ACRE.

IF THEY ARE OVER AN ACRE. LET ME GO BACK TO THIS PROPERTY HERE, IF THERE ARE ANY PROPERTIES OVER AN ACRE, THEY ABSOLUTELY CAN DO WHAT YOU SEE ON THE SCREEN BY RIGHT.

>> WHAT ARE THE SMALLER SIZED -- WHAT PERCENTAGE OF PROPERTIES DO YOU HAVE ROUGHLY THAT'S UNDER AN ACRE?

>> ABOUT 70. >> OUT OF HOW MANY PROPERTY

UNITS? >> 110 LOTS.

>> SO LITTLE UNDER HALF. >> YES, SIR.

AND THERE WAS SOME -- I THINK WE BROKE IF INTO THREE CATEGORIES.

WE HAD SOME THAT WENT FROM SIX TENTHS TO EIGHT TENTHS.

EIGHT TENTHS TO JUST UNDER AN ACRE.

THEN WE HAD THE ONE ACRE PLUSES. >> [INAUDIBLE].

>> H WE ARE GOING THROUGH THE DESIGN OF THE HOUSE AND THEN IF IT DOES HAVE A STUDIO OR POOL HOUSE, WHATEVER IT MAY BE, WE ARE PROVING THE ARCHITECT ON THE FRONT END PROVES THAT THEY CAN FIND ENOUGH ROOM TO SPRAY THE SEPTIC EVEN ON THE SMALLER LOTS AND THEN ONCE WE GET TO BIDDING AND STUFF, THE SEPTIC COMPANY WILL ALWAYS MAKE A NOTE. SO ANY OF THESE POOL HOUSES OR STUDIOS, THERE'S NEVER GOING TO BE ONE -- QUITE FRANKLY, THERE MAY BE SOME WITHOUT A BATHROOM. BUT THESE ARE TRULY -- IF IT IS A SECONDARY, LIKE WITH A BEDROOM OR A KITCHEN, THOSE WOULD BE PERMITTED AS A SECONDARY RESIDENCE.

THESE ARE JUST SIMPLY FOR POOL HOUSES OR STUDIOS AND THOSE ARE TWO REALLY EXAMPLES THERE. SO IT WORK WITH THE SEPTIC.

THERE'S NO ISSUES WITH BUILD LINES OR ANYTHING LIKE THAT.

>> THANK YOU. >> SO YOU KNOW ALSO, PLANNING STAFF SEES EVERY SINGLE BUILDING PERMIT THAT GOES THROUGH.

IT HAS TO COME THROUGH THE PLANNING DEPARTMENT FIRST.

ACTUALLY, GO THROUGH LESLIE. IF LESLIE DOESN'T GET IT RIGHT, I GET IT RIGHT. I'M JOKING.

SHE ALWAYS GETS IT RIGHT. WE'RE GOING TO SEE EVERY SINGLE

PERMIT. >> I'VE SEEN A LOT OF THESE JUST LIKE THIS IN THE COUNTY. ONE AND TWO ACRE, VERY NICE HOMES, HAVE A POOL HOUSE THAT HAS A LOT OF THESE AMENITIES.

IT IS NOTHING NEW TO ME. I JUST -- I HAD FELT LIKE WITH THESE EXTRA BUILDINGS, WHEN THEY GET TO A CERTAIN POINT, WE START GETTING A LITTLE BIT CONCERNED THAT WE DON'T DEVELOP THE SECONDARY DWELLING UNIT ON A PROPERTY.

BUT I GET WHAT'S GOING ON HERE. THANK YOU.

>> I THINK GOOD WAY COMING IN LIKE THIS, IT ALLOWS THESE SECONDARY UNITS GET REVIEWED BY STAFF AS ON THE PLAT PLAN OFFICE

WAREHOUSE THE LOT PERMITS. >> IF THEY ARE NOT MEETING THE CRITERIA, WE PUSH THEM OVER TO THE SECONDARY DWELLING UNIT CRITERIA. THEY HAVE TO MEET THAT.

IF THEY DON'T MEET THAT, THEY STILL HAVE A SUP OPTION AS WELL.

>> OKAY. >> ANY OTHER QUESTIONS FOR ST STAFF? SEEINGCAN I GET A MOTION?

[01:30:05]

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

>> THERE'S A MOTION TO APPROVE. VOTE.

>> ALL IN FAVOR, SAY AYE, MOTION PASSES.

[017 Conduct a public hearing to consider and act upon an ordinance amending the regulations relating to the development and use of 0.948± acres located in Planned Development District No. 42 (PD-42)to allow for a day care facility as a permitted use on said property and adopting a planneddevelopment site plan and development regulations. The property directly abuts South 9th Streeton the east, between future Dylan Way and Stiles Drive (Case No. Z10-2022-039).]

ITEM NO. 17. CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE REGULATIONS RELATING TO THE DEVELOPMENT AND USE OF 0.948+ ACRES LOCATED IN PLANNED DEVELOPMENT DISTRICT NO. 42 (PD42) TO ALLOW FOR A DAY CARE FACILITY AS A PERMITTED USE ON SAID PROPERTY AND ADOPTING A PLANNED DEVELOPMENT SITE PLAN AND DEVELOPMENT REGULATIONS. THE PROPERTY DIRECTLY ABUTS SOUTH 9TH STREET ON THE EAST, BETWEEN FUTURE DYLAN WAY AND STILES

DRIVE. >> MARKOS.

>> THANK YOU, COMMISSIONER. THE PROPOSED DAY CARE IS LOCATED ON NINTH STREET ACROSS FROM MIDLOTHIAN HIGH SCHOOL.

THIS AREA IS LOCATED IN OUR NEWTOWN MODULE OF THE FUTURE LAND USE PLAN. AN AREA LIKE THIS SHOULD INCLUDE A MIX OF HOUSING CHOICES BALANCED WITH VARIOUS COMMERCIAL, TRAIM AND COMMUNITY, COMMUNITY FACILITIES.

SO WITH DAY CARE USE WOULD BE ESTIMATECONSISTENT WITH THE MOD.

HERE'S THE SITE PLAN ON THE SCREEN.

IT SHOWS TWO PRIMARY INGRESS AND EGRESS POINTS.

A POINT ON THE REAR SIDE, POINT ON THE SOUTH SIDE.

THESE ARE BOTH ACCESSES FUTURE LOCAL STREETS.

THEE STREETS HAVEN'T BEEN CREATED YET.

ALTHOUGH ACCESS LOOKS GOOD, STAFF IS CONCERNED ABOUT THE WILD SHOULDERS THAT CURRENTLY EXIST ALONG 9TH STREET, WHERE CARS MIGHT DECIDE, WE DON'T KNOW, BUT MIGHT DECIDE TO DROP KIDS OFF OR PICK KIDS UP. STAFF RECOMMENDS THAT THERE BE SOME SORT OF PREVENTATIVE MEASURE THAT THAT BE INCLUDED TO ENSURE THAT VEHICLES DO NOT TEMPORARILY TRY TO STOP ON 9TH STREET, TRY TO IDLE OR PARK FOR ANY PURPOSE.

BASED ON THE FOOTPRINT OF THE BUILDING WHICH I HAVE UP ON THE SCREEN, 5100 SQUARE FOOT BUILDING.

THIS HAS A PLAY AREA ON THE REAR SIDE.

THE AMOUNT OF PARKING PROPOSED BY THE APPLICANT DOES EXCEED OUR 25% MAXIMUM THRESHOLD THAT'S LOCATED IN OUR ZONING ORDINANCE.

SO IN OTHER WORDS, THEY ARE ONLY ALLOWED TO DO ABOUT 17 STALLS N THE SITE. THE APPLICANT IS PROPOSING 26.

SO THE APPLICANT NEEDS ALL 26, AND THIS IS DUE TO THE ANTICIPATED AMOUNT OF TRAFFIC. NOT TO MENTION THE NATURE OF THE BUSINESS. THE APPLICANT HAS STATED THAT THEY HAVE ABOUT 18 EMPLOYEES. SO WE NEED STALLS FOR PARENTS.

WE NEED STALLS FOR VISITORS. STAFF DOES SUPPORT THE ADDITIONAL STALLS AS SHOWN ON THE SITE PLAN.

HERE ARE THE PROPOSED ELEVATIONS.

STAFF HAS NO ISSUES WITH THE ELEVATIONS AS WELL.

THIS IS MID TOWN, SO THERE'S A CERTAIN LOOK AND FEEL THAT'S SUPPOSED TO GO WITHIN THIS DEVELOPMENT.

THIS HAS ALSO BEEN REVIEWED BY THE MARK, THE MID TOWN ARCHITECTURE REVIEW COMMITTEE. THEY HAVE NO ISSUES AS WELL.

WE DID SEND OUT SEVEN LETTERS TO PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY. WE RECEIVED ABOUT 50 OR SO LETTERS IN SUPPORT. ALL OF THESE LETTERS ARE OUTSIDE OF THE 200-FOOT BOUNDARY. SO WE DID NOT RECEIVE ANY LETTERS WITHIN THE 200-FOOT BOUNDARY WHETHER IN SUPPORT OR IN OPPOSITION. AGAIN, STAFF DOES HAVE CONCERNS ABOUT THE VEHICLES. CONCERNS ABOUT 9TH STREET MAY POSSIBLY TRY TO UTILIZE THAT SHOULDER TO DROP KIDS OFF OR PICK UP. STAFF DOES RECOMMEND APPROVAL OF THE DAY CARE USE WITH THE CONDITION THAT STREET SIGNS OR SOME SORT OF SAFETY MEASURE BE INSTALLED TO PROHIBIT ANY TYPE OF PARKING OR IDLING ALONG THE PROPERTY FRONTAGE.

I WILL CONTINUE TO STAND FOR QUESTIONS.

>> THANK YOU, MARCOS. ANYBODY HAVE QUESTIONS FOR

STAFF? >> WHAT HAPPENED TO THE SLIP

STREET? >> THE SLIP STREET?

[01:35:02]

>> IF YOU GO BACK IN TIME, I'M GOING TO BACK TO '06 WHEN THIS WAS PORTRAYED TO US, THIS ENTIRE DEVELOPMENT.

WE MADE A LOT OF EXCEPTIONS FOR SMALL LOTS.

ALL THE WAY DOWN TO 40S. >> THERE ARE SOME 40S IN

THERE. >> WHICH IT IS OKAY BECAUSE WE MADE ALLOWANCES FOR THAT WITH CERTAIN BUILDINGS STANDARDS AND A BIG BOOK WITH ALL THOSE BUILDING STANDARDS WHICH HAS SINCE BEEN -- IT'S GONE, PRETTY MUCH.

>> IT IS STILL VALID. IT IS STILL THERE.

>> I UNDERSTAND THAT. THERE'S CERTAIN THINGS -- WE HAVE TO BE FAIR WITH THE DEVELOPER.

BUT WHAT I'M CONCERNED ABOUT IS, IF YOU WILL REMEMBER, WE WENT THROUGH THE SAME CONVERSATION WITH THE CARE HOME FOR THE ELDERLY DOWN THERE THAT'S ABOUT THE METHODIST PROPERTY, TRAFFIC.

WE WENT THROUGH THE SAME SCENARIO WITH THE OTHER RETAIL SITES THAT HAVE BEEN DEVELOPED ALONG THAT SAME CORRIDOR.

AND ON THE -- WHAT WAS SOLD TO COUNCIL ORIGINALLY, THERE WAS GOING -- THERE WAS A CONCERN ABOUT TRAFFIC ON 9TH STREET ENTERING THAT HUGE SWATH OF PROPERTY.

AND IF YOU GO BACK AND LOOK AT THE DRAWINGS AND WHAT WAS PORTRAYED, I DEALT WITH IT ON P&Z IN '08 AND SEVERAL TIMES ON COUNCIL, THERE'S THESE BEAUTIFUL DRAWINGS OF THIS SLIP STREET THAT RUNS RIGHT ALONGSIDE 9TH STREET, ISN'T THERE?

>> YES, SIR. >> AND THESE NICE STREETS THAT CUT INTO THAT WHICH IS COMMON SENSE, THAT'S GOING TO TAKE ALL THE LOAD OFF OF 9TH STREET. THERE'S ALSO A GREEN SPACE BETWEEN THOSE SLIP STREETS WITH THESE BIG TREES.

DO YOU REMEMBER THAT? >> YES, SIR, YES, SIR.

>> AND SO THEN WE STARTED MAKING ALLOWANCES BACK AFTER '08 FOR CHANGES AND CHANGES HERE AND CHANGES THERE BECAUSE IT WAS TOUGH ON EVERYBODY. WHAT'S GOT ME CONCERNED IN TWO DIFFERENT WAYS IS NOW WE HAVE JUMPED ALL THE WAY DOWN TO THIS POINT. IT MAY BE BECAUSE MAYBE ALL THAT OTHER SPACE BETWEEN THERE AND THE -- WHATEVER THAT HOME, OLD FOLKS HOME UP THERE AT THE TOP. I HATE TO USE THAT TERM.

CARE FACILITY WOULD BE A LOT BETTER.

EXCUSE ME. THAT IS ALL THAT CONSUMED WITH RETAIL AT THIS POINT? BETWEEN POINT A AND POINT B?

>> I WILL APPROACH -- >> PLEASE.

>> SO WHEN YOU ARE TALKING ABOUT, COUNCILMAN RODGERS, THIS AREA HERE. THIS AREA HERE IS SLATED FOR [INAUDIBLE] SLATED TO THE NORTH, WE DON'T HAVE ANY PLANS IN THE

MAKING. >> BUT IT WILL HAVE TO BE SOMETHING OF RETAIL NATURE BECAUSE YOU WOULDN'T THROW RESIDENTIAL IN THERE. SO THIS WHOLE BLOCK RIGHT HERE THAT THIS IS GOING IN ON THE ORIGINAL PLAN, THAT WAS ALL THESE NICE HOUSES THAT WERE FACING THE 9TH STREET AND PORTRAYING THIS NEW OLD TOWN VIEW.

AND WE ALL LIKED IT. IT WAS GREAT.

BUT NOW WE'RE GETTING THAT WHERE WE ARE -- WHEN WE GET DONE WITH THIS SIDE, I THINK WE ARE GOING TO 14TH STREET.

WE'RE GOING TO START TO RUNNING IT WITH RETAIL BECAUSE AND WE'RE GOING TO BE LEFT WITH THIS LITTLE BLOCK IN THE MIDDLE FOR SOME HOUSES. I GUESS I'M GOING BACK TO WHAT WE WERE TOLD IT WAS GOING TO BE AND WHAT IT IS WORKING OUT TO BE. AND I DON'T KNOW THAT I WOULD BE THAT OPPOSED. I GUESS WE WILL HEAR FROM THE PROPERTY OWNERS/DEVELOPER IN A MOMENT, I DON'T KNOW THAT I WOULD BE AS OPPOSED TO TRY TO MAYBE HELP THEM A LITTLE BIT ALONG 9TH STREET IF THERE WAS A SLIP STREET.

WOULD THAT NOT BE A WISE MOVE ON ALLOWANCE ON THE CITY'S PART TO HAVE A SLIP STREET TO TAKE AWAY THOSE TRAFFIC FEARS?

>> YEAH, ABSOLUTELY AN OPTION. ABSOLUTELY CORRECT.

IT IS A CONCEPTUAL PLAN THAT'S ALWAYS BEEN A PART OF MID TOWN.

MID TOWN HAS NEVER REALLY -- IF WE HAVE APPROVED SITE PLANS, THAT'S WHA EXACTLY WHAT WE ARE G WITH THIS CASE.

WE ARE APPROVING THE SITE PLAN. THE C CONCEPTUAL PLAN IS WHAT IT IS. IT IS CONCEPTUAL.

IT CAN CHANGE. WE DON'T REALLY LIKE SEEING IT WAIVER FROM THAT, OBVIOUSLY, CORRECT? YOU ARE ABSOLUTELY CORRECT, THERE WERE SLIP STREETS PLANNED

ON BOTH SIDES. >> EXACTLY, EXACTLY.

>> YOU ARE RIGHT. IT HAD CANOPY TREES.

[01:40:04]

A LOT OF GREEN SPACE IN BETWEEN. ABSOLUTELY.

NOW, THE APPLICANT HAS NOT, AT ONE POINT, WE HAVE ALWAYS TALKED TO THE APPLICANT, THIS IS COMING FROM STAFF, ALL OF US STAFF, WE ARE LOOKING FOR AN ACTUAL SITE PLAN, LIKE ONE --

>> THAT'S WHAT WE HAVE LOOKED FOR SINCE DAY ONE WHEN WE WERE PROVIDED CONCEPTUAL. THE THING I'M BECOMING CONCERNED

ABOUT -- >> IT IS PIECEMEAL.

>> IF W WE DON'T MAKE A CHANGE,T IS GOING TO BE THIS WAY TO THE BOTTOM. IT IS GOING TO FLIP OVER TO THE OTHER SIDE AND -- SOONER OR LATER WE HAVE TO MAKE A CHANGE.

I APPRECIATE YOU CLEARING THAT APP.

I WANTED TO MAKE SURE I WAS THINKING CLEARLY ON WHAT I REMEMBERED BUT IT TURNS OUT I SO WAS.

THANK YOU. >> YES, SIR.

>> CAN I ASK -- DOES THIS FACE 9TH STREET?

>> YES, SIR, ABSOLUTELY. IT DOES.

>> SO ARE THE PEOPLE GOING TO WALK FROM THE PARKING LOT ALL THE WAY AROUND TO THE FRONT TO GET IN?

IS THAT THE PLAN? >> WELL, SIR, THEY PARK HERE AND THEY ACTUALLY ARRIVE ON THE BACK SIDE.

WE DON'T WANT TO SEE ANYBODY ON 9TH STREET TRYING TO PARK OR TRYING TO -- IF THEY ARE GOING TO ACCESS, YOU CAN ABSOLUTELY

WALK ALONG THE SIDEWALKS. >> I'M JUST SAYING, WHERE WOULD

I GO IN TO GET MY KID? >> THIS SIDE RIGHT HERE, SIR.

SO THE IDEA THAT THE APPLICANT HAS BROUGHT TO US, THESE ARE DROP-OFF AND PICK-UP LANES. I WILL LET THE APPLICANT TALK ABOUT THE LOGISTICS OF HOW ALL THAT IS SUPPOSED TO PLAY OUT.

>> SO ON THE SKILLED NURSING FACILITY, IS THAT WHAT IT IS, WHEN THEY CAME IN THEY HAD ALREADY PRELIMINARY PLATTED THIS LOT WITH THE SKILLED NURSING FACILITY.

>> IT CAME TO P&Z AND CITY COUNCIL.

IT WAS APPROVED WITHOUT A SLIP STREET IN FRONT.

IT WAS APPROVED HOW IT WAS PRESENTED.

THEY WERE ON THE HOOK FOR DEVELOPING MOST OF DYLAN WAY AND ALSO CREATING THEIR SKILLED NURSING.

>> ARE THEY -- WERE THEY RESPONSIBLE FOR THE ROAD TO THE

SOUTH OF THIS PROJECT? >> JUST DYLAN WAY.

ON THE NORTH SIDE OF THEIR PROPERTY.

>> SO WILL THIS PROJECT BUILD THE ROAD TO THE SOUTH OF THE DAY

CARE? >> YES, SIR, THAT'S THE ONLY WAY THEY WILL HAVE ACCESS. THIS ROAD HAS TO BE CONSTRUCTED.

WOULD HAVE TO BE CONSTRUCTED. OTHERWISE, THEY HAVE NO ACCESS

TO THE PROPERTY. >> MIMANY MORE QUESTIONS FOR ST?

>> [INAUDIBLE]. >> FIRST OF ALL, YA'LL ARE

MAKING ME NERVOUS. >> PLEASE STATE YOUR NAME AND

ADDRESS. >> LORI WEBB.

RED ROSE TRAIL. SO I AM THE OWNER OF GROWING IN GRACE, JUST SO YOU KNOW, OBVIOUSLY THIS IS NOT A THEORETICAL -- THE BUILDING IS NOT YET BUILT.

BUT I'M BOTH OWNER AND DIRECTOR. I LEASE OUT OF CREEK SIDE CHURCH. I WILL READ MY NOTES BECAUSE I'M NERVOUS. SO I'M JUST EMOTIONAL.

THIS HAS BEEN REALLY BUSINESSLIKE AND THIS IS SUPER PERSONAL FOR ME. OKAY, SO I'M GOING TO TRY MY BEST. I'M NOT CERTAIN WHAT AUTOMATIC SWEET PEOPLE THAT CAME WITH ME ARE GOING TO SAY TONIGHT.

BUT I'M HERE TO TALK YA'LL ABOUT MY BABY, THIS IS MY LEGACY.

OKAY. IT FEELS SURREAL TO FINALLY STAND IN FRONT OF YOU ALL. THIS PROJECT HAS BEEN IN PROCESS IN MID TOWN FOR 18 MONTHS. YOU DON'T KNOW THAT BUT ON OUR END, I DO. FROM SECURING FINANCING TO TRYING TO MOVE FORWARD IN A DIFFERENT LOCATION IN MID TOWN TWICE. WE PULLED THE APPLICATION BOTH TIMES BECAUSE DRC WAS NOT RECOMMENDING APPROVAL.

AND SO WE MOVED LOCATIONS. I HAVE PREVIOUSLY WORKED AT A CHILD CARE IN MIDLOTHIAN FOR 11 YEARS.

I WAS THEIR CHILD CARE DIRECTOR FOR LEFT.

EIGHT. I WILL EVIDENT IN 2018 TO BECOME OWNER. I HAD A HOME CENTER FOR FOURTEEN MONTHS, IN DECEMBER 2019 GOT ALLOWED CREEK SIDE TO COME TO FRUITION. WE OPENED.

DUE TO OUR REPUTATION OPENED AT FULL CAPACITY WITH 75 KIDS.

WE HAVE 55 FAMILIES AND 75 KIDS. THREE MONTHS LATER, A GLOBAL PANDEMIC AND WE HAVE WORKED, MY STAFF HAVE WORKED TIRELESSLY FOR

[01:45:04]

TWO YEARS. I EMPLOY 18 STAFF MEMBERS, WHICH IS WELL OVER WHAT'S NEEDED OR TYPICAL FOR A CENTER OUR SIZE.

WE SERVE 75 FAMILIES. AND WE HAVE A CONSISTENT WAITING LIST JUST SO WE ARE CLEAR OF OVER 100 FAMILIES.

OKAY. AND THAT'S NOT JUST ME.

I AM THE BEST. WE ARE THE BEST.

BUT MOST CENTERS IN MIDLOTHIAN HAVE WAITING LISTS OF WELL OVER 100 FAMILIES. THERE ARE SIMI SIMPLY NOT CARE E OR QUALITY CARE IN ELLIS COUNTY OR MIDLOTHIAN.

EARLY CHILDHOOD EDUCATION IS MINE AND MY STAFF'S PASSION, BIRTH TO FIVE YEARS OLD. IT IS JUST SIMPLY WHERE THE MAGIC HAPPENS. IT IS WHEN CHARACTER BEGINS TO FORM CULTIVATING RELATIONSHIPS AND HELPING TO CREATE A LIFETIME OF LEARNING. THAT'S WHAT WE HOPE TO DO.

TEACHING YOUNG CHILDREN IS PERSONALLY MY MINISTRY.

SOCIAL AND EMOTIONAL REGULATION MATTERS.

WE PROVIDE OPPORTUNITIES TO LEARN BOTH IN AND OUTSIDE THE CLASSROOM. BUT HOWEVER THE BEST THING WE CAN GIVE THEM, HONESTLY IS JESUS AND WE DO THAT, MY STAFF, WE DO THAT EVERY SINGLE DAY. I TRULY HAVE THE BEST STAFF THAT I DON'T DESERVE. I AM CALLED TO EARLY EDUCATION BUT I'M ALSO CALLED TO MENTOR WOMEN.

WE EMPLOY THEM AND WE MENTOR THEM AND I HOPE THEY WOULD SAY THAT WE LOVE THEM WELL. CREEK SIDE HAS BEEN WONDERFUL PARTNER TO US. HOWEVER, THEY HAVE PLANS WITHIN THE NEXT YEAR FOR THEIR FUTURE AND HAVE ASKED US TO RELOCATE, WHICH IS THE URGENCY OF THIS PROJECT FOR ME.

BY FEBRUARY OF NEXT YEAR, WE WILL NO LONGER HAVE A FACILITY.

IF WE DO NOT FIND A PLACE TO RELOCATE.

THIS IS -- I ALWAYS INTENDED TO BUILD.

THIS JUST UPPED MY TIMELINE SEVERAL YEARS.

I'M THANKFUL AND BLESSED TO DO WHAT I DO EVERY DAY.

GIG ISN'T JUST A SCHOOL OR JOB OR DAY CARE.

WE ARE A FAMILY. THANK YA'LL FOR YOUR TIME.

I'M HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU VERY MUCH. ARE THERE ANY QUESTIONS FOR THE

APPLICANT? >> THANK YOU.

CAN I ANSWER, SAY SOMETHING ABOUT TRAFFIC.

OR ANY CONCERNS POSSIBLY? FIRST OF ALL, MY FAMILY, SOME OF THEM ARE HERE, THEY WOULD NEVER, EVER PARK ON 9TH STREET.

WE WILL BE HAPPY TO POST SIGNS STATING THAT FACT.

WE HAVE PRESCHOOLERS BIRTH TO 5, THEY ARE NOT GOING TO PARK ON 9TH STREET AND TAKE THEIR TODDLERS INTO GROWING IN GRACE.

THEY ARE ALL RESPECTFUL. THEY FOLLOW RULES.

AND I DON'T HAVE ANY CONCERNS IN THAT REGARD.

WE HAVE WATCHED TRAFFIC PATTERNS KNOWING THIS WAS COMING, KNOWING MID TOWN, KNOWING THE BUSINESS FOR PROBABLY THE LAST YEAR.

OUR DROP-OFF TIME IS -- OUR BUSINESS HOURS ARE 7 TO 5:45.

WE ARE NOT TYPICAL OF ALL CHILD CARES, OUR DROP-OFF, AM AND PM IS ABOUT TWO HOURS. PICK UP IS 3 UNTIL 5:45.

SO WE HAVE AT ANY GIVEN TIME BETWEEN FOUR AND SIX CARS BESIDES MY STAFF. WE ARE NOT INUNDATED -- OUR BUILDING SIZE, WE WILL GO UP TO 80 KIDS POSSIBLY.

I'M NOT BUILDING A LARGER CENTER, JUST A NEWER ONE AND A FOREVER HOME. WE ARE NOT LOOKING TO BUILD SOMETHING LARGE TO CREATE TRAFFIC AND CON JUST I DON CON .

I DON'T BELIEVE THAT TO BE A CONCERN.

>> HAVE SOME PARTICIPATION, CITIZEN PARTICIPATION FORMS HERE. BEAR WITH ME ON THE NAMES AND PLEASE FOR THE PARTICIPATION FORMS, WE HAVE A THREE-MINUTE LIMIT. SO IF WE CAN PLEASE --

>> CHAIR, I BELIEVE THE FORMS MAKE A DISTINCTION BETWEEN THOSE WHO WISH TO SPEAK AND THOSE WHO DON'T.

GO THROUGH THOSE WHO DON'T WISH TO SPEAK.

THEY ARE ALL SPEAKERS? >> SOME MAY NOT HAVE BEEN ABLE

TO MAKE IT. >> [INAUDIBLE].

>> ABSOLUTELY. DEFINITELY WE WILL START, WHITNEY CRUPALA. WILL YOU PLEASE STATE YOUR NAME

AND ADDRESS. >> 5811 CASTLE WAY.

I'M HERE TONIGHT IN LORI WEBB AND GROWING IN GRACE.

SHE GRACIOUSLY AGREED TO ACCEPT MY CHILDREN INTO THE DAY CARE PROGRAM AT MIDLOTHIAN BIBLE CHURCH AFTER OUR FAMILY HAD A TERRIBLE EXPERIENCE AT ANOTHER LOCAL DAY CARE.

I ALWAYS JOKINGLY SAY THAT LORI AND HER STAFF HAVE HELPED RAISE MY FOUR CHILDREN, BUT IT IS NO JOKE AT ALL.

LORI AND HER STAFF, MANY WHO FOLLOWED HER FROM PREVIOUS DAY

[01:50:03]

CARES HAVE BEEN AN INTEGRAL PART OF OUR FAMILY.

THE CARE THAT MY CHILDREN RECEIVE ALLOWS ME AND MY HUSBAND TO OPERATE OUR LOCAL BUSINESS THAT PROVIDES IN-HOME ASSISTANCE TO SEEN YOUR ADULTS UNABLE TO LIVE INDEPENDENTLY.

LORI AND GROWING IN GRACE STAFF HAVE HELPED THE FOSTER CHILDREN THAT HAVE BEEN PLACE IN OUR HOME.

AS YOU CAN CLEARLY SEE, THE IMPACT THAT GROWING IN GRACE IS MAKING IS MUCH GREATER THAN JUST A DAY CARE.

IF YOU ARE NOT ALREADY AWARE, MIDLOTHIAN PARENTS ARE FACING A CRISIS AS THERE ARE NOT ENOUGH LOCAL DAY CARES TO MEET THE CURRENT DEMAND FOR CARE. QUICK FACEBOOK SEARCH RETURNS POSTS AFTER POST FROM PARENTS WHO ARE DESPERATE TO FIND CHILD CARE OPTIONS BECAUSE MOST OF THE LOCAL DAY CARES ARE AT CAPACITY.

THERE'S A CRITICAL NEED IN OUR COMMUNITY AND GROWING IN GRACE IS HELPING TO MEET THAT NEED. IF THE GROWING IN GRACE BUILDING IS NOT APPROVED QUICKLY, THERE WILL BE ADDED STRESS AND STRAIN ON THE ALREADY SLIM CHILD CARE RESOURCES THAT ARE AVAILABLE.

PLEASE CONSIDER TAKING SWIFT ACTION TO ALLOW THE BUILDING PROCESS TO BEGIN AS SOON AS POSSIBLE.

THANK YOU. >> [INAUDIBLE].

>> GOOD EVENING, MY NAME IS JAMES O SHAY, 3930 JOE WILSON ROAD. LIVED HERE IN THE COMMUNITY SINCE 1998, EXCITED TO RAISE OUR CHILDREN HERE AS WELL.

MY WIFE SARAH AND I HAVE THREE DAUGHTERS, AGES 6, 3, AND 9 MONTHS. WE BOTH WORK SO TO SAY CHILD CARE IS A NECESSITY IS AN UNDERSTATEMENT.

WHEN WE STARTED OUR SEARCH FOR CHILD CARE SIX YEARS AGO, THERE WERE A HANDFUL OF DAY CARE OPTIONS, MET WITH WAITING LISTS.

FORTUNATELY, WE WERE ABLE TO FIND A SPOT AND OFF WE WENT.

THIS BEING OUR FIRST EXPERIENCE WITH CHILD CARE CENTERS, WE DID NOT KNOW WHAT TO COMPARE IT TO. WE HEARD A FEW HORROR STORIES, THOUGHT SURELY THIS WON'T HAPPEN TO OUR KID.

WE FOUND OUT THE REPUTATION WAS ACCURATE.

WE HAD A COUPLE OF SAFETY CONCERNS WITH OUR OLDEST NOT MET WITH ACCEPTABLE CONCERN OR CORRECTIVE ACTION.

OFF WE WENT TO ANOTHER FACILITY. WE WERE WARNED OF MORE HORROR STORIES. SURELY THIS BEING A NEW FACILITY, THEY WILL ADDRESS THE ISSUES, RIGHT? WE WERE WRONG. WHAT OTHER CHOICE DID WE HAVE.

AS COVID LOCKED US OUT OF THE CLASSROOMS, WE LOST THE OVERSIGHT. IN OTHER FORM OF COMMUNICATION AT THESE TWO PLACES, NO WAY OF KNOWING WHAT WAS GOING ON INSIDE THE FACILITY. ON A DAILY BASIS.

AFTER THINGS OPENED BACK UP, WE WERE ABLE TO SEE MORE OF THE DISARRAY IN THE CLASSROOMS THAT WE HAVE BEEN MISSING THE MONTHS PRIOR. WE LEARNED OF HORRIFIC THINGS.

OUR HEARTS BEGAN TO SINK. WE EXTEND GRACE, GAVE THEM A FEW MONTHS TO TAKE CORRECTIVE ACTION.

ONLY TO FIND OUT THAT CENTER WAS PENDING SALE TO OUT OF TOWN INVESTOR. I HOPE THE NEW ORGANIZATION IS GREAT. I BELIEVE THEY ARE.

BUT THE EXISTING FACILITY WAS NOT.

EVEN THROUGH ALL OF OUR SEARCHES, THE ONE PLACE THAT ALWAYS CAME UP WITH RAVE REVIEWS A MIDLOTHIAN BIBLE CHURCH.

NEGATIVE REVIEW WAS HARD TO FIND BUT THEIR WAITING LIST WAS A MILE LONG. AFTER OUR EXPERIENCE WITH GROWING IN GRACE, I UNDERSTAND WHY IT IS.

IT IS BECAUSE HER STAFF. LORI IS THE DIRECTOR AT TREE HOUSE FOR EIGHT YEARS TO START HER OWN.

THE CARE AND CONCERN WE RECEIVED IS SECOND TO NONE.

THEY CONSTANTLY KEEP US UPDATED WITH WHAT THE GIRLS ARE DOING EACH DAY. THEY SEND US PHOTOS AND QUICK MESSAGE AWAY FROM ANYTHING WE NEED.

SOMETHING WE HAVE NEVER HAD AT THE PRIOR TWO CENTERS WE ATTENDED. IF ANYONE HAS MADE A MARK ON CHILD CARE IN MIDLOTHIAN IN THE LAST DECADE, IT IS LORI.

GOSH. SHE PROVIDES SAFE CHRISTIAN BASED ENVIRONMENT TO CARE FOR OUR GIRLS ALONG WITH DOZENS OF OTHER FAMILIES ACROSS OUR COMMUNITY.

GIVEN THE GROWTH WE ARE EXPERIENCEING IN OUR TOWN, THERE IS A DESPERATE NEED FOR MORE CHILD CARE OPTIONS.

I BELIEVE SOMEONE WITH STELLAR RECORD SHE HAS IS GREAT START.

IF THERE WAS ONE CONCERN THAT I HAVE WITH GROWING IN GRACE CURRENTLY, IT IS THE LOCATION. IT IS OUT ON 287.

EVERY DAY MY WIFE HAS TO CROSS THERE TWO TIMES A DAY WITH OUR MOST PR PRECIOUS GIFTS. I BELIEVE GROWING IN GRACE WILL MADE A GREAT ADDITION WITH THE DISTRICT.

FOR THESE REASONS MENTIONED AND OTHERS YOU WILL HEAR TONIGHT, I ASK THAT YOU PLEASE VOTE IN FAVOR.

>> ABIGAIL SLY. I DON'T SEE HER.

KAYLEE ROBERTSON. >> YOU ACTUALLY SAID MY NAME

[01:55:05]

RIGHT, WHICH IS AWESOME. NEVER HAPPENS.

SO MY NAME IS KAYLEE ROBERTSON, 4013 BRICK LANE, MIDLOTHIAN, TEXAS. WHICH IS ACTUALLY REALLY CLOSE TO WHERE WE ARE PREFERRING HAVING THIS DAY CARE.

I ALSO WANTED TO MENTION THAT THERE IS ANOTHER DAY CARE THAT IS ON 9TH STREET. THEIR PARKING LOT IS, I THINK, LIKE FACING THE STREET. SO PARKING LOT ACTUALLY SEEMS TO BE A LOT SAFER FOR TRAFFIC AS FAR AS HAVING PEOPLE, WALKING THROUGH AND CHILDREN AND WHATNOT.

ANYWAYS, SO MY HUSBAND AND I, WE HAVE LIVED IN MIDLOTHIAN FOR ABOUT 19 YEARS. AND HIS LITTLE SISTER ACTUALLY WAS IN DAY WEAR WITH LORI WHENEVER SHE WAS A LITTLE GIRL.

SO SHE KIND OF FELL IN OUR LAP WHEN THE WHOLE SNOWSTORM CAME ALONG AND WE WERE IN A DIFFERENT FACILITY AND AS ANYONE ELSE WHO HAS YOUNG KIDS KNOW THAT IF YOU WANT TO HAVE A CHILD IN DAY CARE IN MIDLOTHIAN, YOU HAVE TO BE ON THE LIST BEFORE YOU THINK ABOUT HAVING A KID BECAUSE THE LIST IS OVER A YEAR LONG.

SO WE GOT ON TO -- OR INTO A DAY CARE WITH OUR SIX-WEEK-OLD, A DAY CARE THAT DIDN'T HAVE A LIST.

WE QUICKLY SAW WHY IT DIDN'T HAVE A LIST.

AFTER THE SNOWSTORM HAPPENED, IT CLOSED DOWN AND LORI SO GRACIOUSLY LET US IN THERE AND WE HAVE LOVED IT EVER SINCE AND YOU KNOW AS WELL AS EVERYBODY ELSE KNOWS THAT WHEN YOU HAVE YOUR KIDS SOMEWHERE WHERE YOU CAN'T KEEP AN EYE ON THEM, YOU WANT TO MAKE SURE THEY ARE IN THE CARE OF PEOPLE WHO WILL LOVE AND TREAT YOUR KIDS THE WAY THAT YOU WOULD.

SO THAT IS REALLY THE KIND OF CARE THAT LORI AND HER ENFIRE STAFF HAS GIVEN MY 16-MONTH-OLD AND WE KNOW THAT WE HAVE A FOREVER HOME WHEREVER SHE GOES, WE WILL GO.

AND SO I JUST REALLY HOPE FROM THE BOTTOM OF YOUR HEART THAT YOU CONSIDER WHAT WE HAVE GOING ON HERE.

BECAUSE WE DON'T KNOW WHAT WE WOULD DO WITHOUT GROWING IN GRACE. THANK YOU.

>> THANK YOU. KRISTIN LAWRENCE.

KAYLEE HIGGINGBOTTOM. NOT SPEAKER, IN SUPPORT.

GINGER FARMER. >> I'M GINGER FARMER, I LIVE AT 255 NORTH HIGHWAY 157 IN VENUS, TEXAS.

AND I WORK FOR LORI. I HAVE WORKED FOR LORI FOR OVER TEN YEARS. I WORKED WITH HER AT MBC AND I HAVE KNOWN HER FOR 15 YEARS AS A PERSON.

SHE LOVES JESUS. SHE LOVES KIDS.

SHE LOVES WOMEN EXACTLY WHAT SHE SAID.

HER MINISTRY. AND IT FLOWS INTO ALL OF US.

THAT IS OUR MINISTRY, TOO, IS TO LOVE THESE BABIES AND SERVE THESE FAMILIES AND JUST -- I I WANT TO REITERATE WHAT LORI SAID. WE HAVE TO MOVE OUT OF CREEK SIDE. WE KNOW THAT WAS NOT OUR PERMANENT HOME. WE KNEW THAT GOD WAS GOING TO OPEN UP AN OPPORTUNITY FOR US TO BUILD AND TO SERVE THIS COMMUNITY IN OUR OWN PLACE AND CREEK SIDE HAS BEEN GRACIOUS.

THEY HAVE BEEN AMAZING AND THEY HAVE ALLOWED US TO BE THERE AND USE THEIR FACILITY. BUT IT IS DEFINITELY TIME FOR US TO BE ABLE TO SPREAD OUR WINGS AND BE IN OUR OWN BUILDING AND SERVE OUR FAMILIES IN A NEW PLACE.

I HOPE THAT YA'LL DO CONSIDER LETTING THIS MOVE FORWARD.

THANK YOU. >> THANK YOU.

STRAYSTRACY DODD. >> MY NAME IS TRACY DODD, MIDLOTHIAN. SO OBVIOUSLY I'M HERE TO SPEAK ON BEHALF OF GROWING IN GRACE AND WHAT IT MEANS TO ME.

I HAVE LIVED IN MIDLOTHIAN MY WHOLE LIFE.

40 YEARS. THIS COMMUNITY, WE HAVE BEEN A FAMILY ORIENTED COMMUNITY WHO SUPPORTS OUR PEOPLE, LOCAL BUSINESSES. AND EDUCATION.

I NOW HAVE A TWO-YEAR-OLD WHO ATTENDS GROWING IN GRACE AND HAS BEEN SINCE MAY OF 2020 I 2020. I PERSONALLY DIDN'T DO DAY CARE SHOPPING. I SOUGHT THIS PLACE OUT.

LORI AND HER STAFF ARE INCREDIBLE PEOPLE WHO SHOW UP EVERY DAY BECAUSE THEY TRULY LOVE AND CARE FOR OUR CHILDREN WITH A PROVEN HISTORY OF BEING ONE OF IF NOT THE BEST IN THE CITY. THAT IS TRULY INVALUABLE TO ME.

AS A WORKING MOM, IT IS A DIFFICULT THING TO LEAVE YOUR CHILD WITH OTHERS DURING THE DAY.

PEOPLE THAT YOU TRUST WHOLEHEARTEDLY TO CARE FOR YOUR CHILD. I DROP MY DAUGHTER OFF EVERY

[02:00:03]

MORNING WITH EXCITEMENT TO ANXIOUSLY PICK HER UP AT THE END OF THE DAY TO HEAR WHAT SHE HAS LEARNED.

THEY ARE PROFESSIONAL IN THE WAY THEY RUN THE BUSINESS AND DEDICATED TO THE WELL-BEING OF OUR CHILDREN.

DAY CARE OPTIONS ARE SCARCE. AS WE ENTER A TIME WITH A PEAK IN UNEMPLOYMENT, THE WAIT LISTS ARE LUDICROUS.

I WORK AS DIRECTOR IN THE STAFFING INDUSTRY.

DAILY, I'M SPEAKING WITH A VARIETY OF CANDIDATES FROM ALL TYPES OF BACKGROUNDS WHO ARE ACTIVELY SEEKING EMPLOYMENT.

SINCE THE PANDEMIC, I HAVE SPOKEN TO SO MANY SINGLE MOMS AND SINGLE DADS SPECIFICALLY. THE SOLE PROVIDER, SOLE CARETAKER, ON OCCASION, THE TEACHER.

THIS IS HARD, THIS IS WHY WE NEED GROWING IN GRACE, THIS IS WHY IT IS SO IMPORTANT THAT THEY HAVE A NEW HOME.

I ASK THAT YOU GREATLY CONSIDER GIVING OUR CHILDREN AND GROWING IN GRACE A NEW HOME. I HOPE WE STRAY TRUE TO OUR VALUES AND TRADITIONS WHILE CONTINUING TO BUILD A GREAT

CITY, THANK YOU. >> THANK YOU.

ERIKA WEBER. >> HI.

MY NAME IS ERIKA WEBER, 320 EVENING FIRE IN .

I HAVE LIVED HERE CUMULATIVE SICK YEARS, I HAVE THREE CHILDREN, ALL OF WHICH HAVE BEEN BLESSED BY GROWING IN GRACE.

AFTER A DISAPPOINTING EXPERIENCE AT ANOTHER CHILD CARE FACILITY IN TOWN, I WAS INTRODUCED TO LORI AND SHE GLADLY WELCOMED MY FAMILY INTO HER SMALL HOME CENTER AT THE TIME.

THEN I GIS JUST HAD THE TWO BOY. I QUICKLY SAW THE IMPACT THAT HER AND HER STAFF MADE ON NOT JUST THEM BUT MY FAMILY.

THEY WEREN'T JUST WATCHING MY KIDS FOR TEN HOURS A DAY, THEY WERE TEACHING THEM, LOVING THEM AND TRULY POURING INTO THEIR HEARTS DAILY. IF ANYONE KNOWS ANYTHING ABOUT A COACH'S LIFE, IT IS THAT THE TIME SPENT WITH MY FAMILY DURING MY SEASON IS TREE EXTREMELY LIM. TRUSTING THOSE CARING FOR MY FAMILY IS ESSENTIAL. IT IS IMPERATIVE TO ME THAT MY KIDS GROW, LEARN AND ARE PREPARED FOR THE NEXT PHASE OF THEIR LIVES. MY SON WHO IS NOW FIVE IS ATTENDING LONG BRANCH ELEMENTARY AND I REMEMBER WHAT IT FEET LIKE LAST SUMMER, I WAS SUPER ANXIOUS WAITING FOR THE FIRST DAY OF SCHOOL. MEETING HIS TEACHER, SEEING THE CLASSROOM, ET CETERA. OF COURSE, YOU KNOW, YOU HAVE THAT FIRST TIME MOM OF A SCHOOL AGE CHILD FEELING BUT NOT ONCE DID I WORRY IF HE WAS PREPARED. AND I NEVER ASKED MYSELF IS HE GOING TO BE BEHIND. 100 H100 PERCENT OF THAT IS DUEO LORI AND STAFF. HE WAS CONFIDENT, EAGER, KNEW WHAT TO EXPECT WHEN HE WENT INTO ELEMENTARY.

I TRULY BELIEVE THAT THAT IS RARE.

MY THREE-YEAR-OLD, BLESS HIM, HE IS VERY STRONG WILD AND THAT IS A PHRASE FROM LORI HERSELF BECAUSE I JUST REMEMBER, I STILL DO AFR FROM TIME TO TIME CRY TOM ABOUT HIS ACTIONS.

HE IS STILL STRONG WILD. BUT THIS IS REALLY IMPORTANT, I HOPE EVERYBODY HEARS THIS, AT GROWING IN GRACE HE IS LEARNING AT THREE YEARS OLD HOW TO MANAGE HIS EMOTIONS.

AND THAT'S SO IMPORTANT, I BELIEVE, IN TODAY'S SOCIETY.

HE IS LOVED BY EVERYBODY. I NEVER WOULD HAVE THOUGHT THAT I WOULD BE THE ONE AS A PARENT LEARNING FROM THEIR CONTINUOUS PATIENCE AND GRACE. MY BABY GIRL JUST TURNED FIVE MONTHS OLD, CARED FOR LIKE SHE IS THE ONLY BABY IN THE BUILDING. AND EVEN AT THAT AGE, THIS IS, AGAIN, SOMETHING, PLEASE, PLEASE, LISTEN, I BELIEVE THAT BABIES CAN SENSE AND FEEL THE PEOPLE THAT ARE CARING FOR THEM.

SHE ABSOLUTELY KNOWS SHE IS LOVED.

ALTHOUGH THESE ARE JUST MY EXPERIENCES.

I HAVE BECOME FRIENDS WITH MOMS AND CHILDREN AT GROWING IN GRACE. I'M SHARING MY STORY AND I KNOW A LOT OF PEOPLE FEEL THE SAME. MY CHILDREN HAVE MANNERS.

THIS HE KNOW THEY ARE WORTHY AND THEY ARE LOVED.

AND THOSE FEELINGS ARE NOT JUST COMING FROM MY HUSBAND AND I AT HOME. THE GROWING IN GRACE STAFF REINFORCED THESE IMPORTANT CHARACTERISTICS DAILY.

IN DECEMBER OF 2019, I WAS BLESSED TO SEE LORI'S DREAM OF SOMETHING BIGGER COME TO WHEN THEY MOVED TO WHAT IS NOW AT CREEK SIDE. AND NOW THIS, I CAN'T EVEN IMAGINE WHAT A BLESSING THIS WOULD BE TO HAVE ON FAMILIES IN THIS COMMUNITY. THE HARD TRUTH IS, AS YOU HAVE HEARD, IF THIS BUILD DOESN'T HAPPEN, ALL OF US WILL BE WITHOUT CHILD CARE. WE ARE ALL GOING TO LOSE THOSE THAT INSPIRE OUR CHILDREN EACH DAY.

WE WON'T HAVE THE TEACHERS THAT POURED THEIR HEART AND SOUL INTO

[02:05:03]

THEM. THE IMPACT ON MYSELF AND OTHERS IS SOMETHING I CAN'T PUT INTO WORDS.

SO IN EDUCATION, WE ARE ASKED WHAT IS OUR WHY EVERY SINGLE YEAR. AND SHE MENTIONED IT, BUT IN MY MIND, LORI'S AND HER STAFF'S WHY IS EXTREMELY CLEAR.

TO BLESS OUR CHILDREN, HELP MOLD THEM INTO LIFELONG STUDENTS PREPARED FOR THE NEXT PHASE OF LIFE.

THIS IS MORE THAN JUST A CHILD CARE FACILITY.

THIS IS MY FAMILY. >> THANK YOU.

JOHN, I APOLOGIZE HERE. >> I'M GLAD I'M NOT THE ONLY DAD. APPRECIATE THE COMMISSION'S TIME. JOHN YADAMIK, WAGONVILLE COURT.

MY WIFE AND I HAVE MUCH MORE RECENTLY MOVED HERE THAN MANY OF THE OTHERS. ALTHOUGH WE HAVE KNOWN LORI FOR MANY YEARS, I'M SPEAKING APART FROM THAT, I CAN'T DO ANY MORE THAN THE SPEAKERS BEFORE HAVE DONE TO CONVINCE YOU WITH HOW WONDERFUL THE SCHOOL AND THE STAFF IS.

IF YOU ARE NOT CONVINCED OF THAT, I CAN'T DO ANYTHING.

WHAT I CAN TELL YOU, THOUGH, IS LOOKING AT THE PLAN, I CAN TELL YOU THAT THAT IS EXACTLY THE TYPE OF SCHOOL THAT I WOULD EXPECT TO SEE IN THE NEW TOWN DEVELOPMENT AND NAGS THAT IS OF THE REASONS WE CHOSE TO RELOCATE.

WE LOVE THE TOWN. WE THINK IT IS BEAUTIFUL.

THAT ADDS TO THIS COMMUNITY. NOT ONLY THAT, I CAN TELL YOU, NONE OF US ARE GOING TO DROP OUR TWO AND THREE AND FOUR-YEAR-OLDS OFF ON 9TH STREET WHICH SEEMS TO BE STAFF'S ONLY REAL CONCERN ABOUT THE PLAN. I KNOW FROM WATCHING OTHER PARENTS, FROM PARTICIPATING MYSELF IN THE CURRENT DROP-OFF SCENARIO, THIS IS AN IMPROVEMENT AND ONE THE PARENTS WILL USE AND ENJOY AND WILL ALLEVIATE ANY OF THAT CONCERN.

THANK YOU. >> THANK YOU.

>> ASHLEYAASHLEY STOCK. >> HELLO, THANK YOU TO LISTENING TO ALL OF US TONIGHT. I LIVE AT 117 SPRING CIRCLE IN RED OAK. I'M THE ASSISTANT DIRECTOR OF GROWING IN GRACE, AND MOTHER OF TWO SMALL BOYS WHO ATTEND GIG.

I WOULD JUST LIKE A FEW MINUTES OF YOUR TIME TO EXPLAIN OUR PHILOSOPHY AND OUR DREAMS AND REASONS WHY I WOULDN'T HAVE ANY CHILDREN CARED FOR ANYWHERE ELSE.

WE ARE A CHRISTIAN BASED DAY CARE, CHRIST CENTERED PRESCHOOL AND GOD IS IN OUR DAILY CURRICULUM, IN THE HEARTS OF EVERY TEACHER AND IN THE MINISTRY OF OUR ADMINISTRATION TEAM. WE LITERALLY GIVE THE BEST CARE TO EVERY CHILD IN OUR SCHOOL. WE LOVE THEM LIKE GOD LOVES EACH AND EVERY ONE OF US. GROWING IN GRACE IS NOT JUST OUR NAME, IT IS THE PHILOSOPHY THAT GUIDES US EVERY DAY.

WE GIVE THE CHILDREN GRACE AND THEIR PARENTS RECEIVE AND GIVE GRACE AND WE OFFER OURSELVES GRACE.

EVERY DAY. TO LEARN SOMETHING NEW.

RESCHOOL LIKE OURS IS VERY, VERY HARD TO FIND.

WHAT WE OFFER IS WHAT EVERYONE SHOULD OFFER PARENTS WHO NEED A SAFE AND EDUCATIONAL TRI ENVIROT FOR THEIR CHILD.

THE SAME QUALITY A PARENT GIVES THEIR CHILD AND EARLY FUNDAMENTALS TO ADVANCE THEIR CHILD IN PHYSICAL, MENTAL, COGNITIVE GROWTH. I HAVE WORKED FOR LORI WEBB.

SHE HIRED ME AS A YOUNG TEACHER. YOU MOVED UP EACH AGE UNDER HER MENTORING. I GOT OUT OF THE CLASSROOM AND WENT INTO AN ADMINISTRATIVE ROLE WITH HER AND I WILL CONTINUE TO BE WITH HER. THE OPPORTUNITY TO BUILD IN MIDLOTHIAN IS A DREAM COME TRUE AND WE HAVE BEEN PINCHING OURSELVES THROUGH THIS WHOLE PROCESS.

A PROCESS THAT HAS NOT BEEN EASY.

WE HAVE PUSHED THROUGH WITH LORI LEADING THE CHARGE BECAUSE WE FEEL THAT THIS IS WHERE WE ARE MEANT TO BE.

JUST PLEASE CONSIDER EVERYTHING THAT YOU HAVE HEARD FROM EVERYBODY TONIGHT. THANK YOU VERY MUCH.

>> THANK YOU. JENNY LOPEZ.

>> HELLO, JENNY LOPEZ, STENET PLACE.

I'M BUILDING HERE IN MIDLOTHIAN. I WON'T TAKE UP TOO MUCH TIME.

I JUST WANTED TO EXPRESS MY LOVE FOR GROWING IN GRACE.

I HAD EXPERIENCE AT ANOTHER DAY CARE FACILITY THAT I WAS NOT VERY HAPPY WITH. WHEN COVID HIT, IT FORCED ME INTO AN OPPORTUNITY TO PULL MY DAUGHTER OUT OF THAT FACILITY AND SHE STAYED HOME WITH ME WHILE I WORKED FULL TIME FROM HOME. IT BECAME COMPLETELY UNMANAGEABLE. I COULD NOT CARE FOR HER FULL TIME AND WORK FULL TIME. SO I CALLED GROWING IN GRACE.

THEY HAD NO AVAILABILITY, CRAZY WAIT LIST.

SO THEN I STARTED REACHING OUT TO FIVE OTHER FACILITIES.

[02:10:04]

I WAS ON FIVE OTHER WAIT LISTS FOR SIX, SEVEN MONTHS. IT WAS ONLY BY A STROKE OF COMPLETE LUCK THAT A KID MOVED OUT AND OPPORTUNITY OPENED UP FOR MY DAUGHTER TO JOIN GROWING IN GRACE. IT HAS BEEN A BLESSING TO BE THERE. EVERY ADVANCEMENT THAT MY DAUGHTER HAS MADE, I ATTRIBUTE COMPLETELY TO THAT STAFF AND THE LEADERSHIP UNDER LORI. THEY ARE WONDERFUL.

IF THIS PLAN DOES THOUGHT GO THROUGH, WE WILL BE IN A REALLY TOUGH SPOT BECAUSE WE WILL HAVE NOWHERE TO PUT OUR CHILDREN.

PLEASE CONSIDER IT. THANK YOU FOR YOUR TIME.

>> THANK YOU. CITIZEN PARTICIPATION FORM NONSPEAKER FROM ELLIS HEALTHCARE, THEY ARE IN SUPPORT.

ASHLEY WEIDEMAN, IN SUPPORT, NONSPEAKER.

PARDON ME, I'M GETTING THROUGH ALL THESE NONSPEAKER LETTERS OF SUPPORT. TRYING TO GET TO IF ANYBODY ELSE WANTS TO SPEAK. IS THERE ANYBODY WHO WISHES TO SPEAK THAT HAS NOT FILLED OUT A FORM? PLEASE APPROACH. STATE YOUR NAME AND YOUR ADDRESS. IF YOU HAVEN'T FILLED OUT THE

FORM. >> I FILLED IT OUT, AS SOON AS I GOT HERE. MY NAME IS CHELSEY.

MY A ADDRESS IS HERE IN MIDLOTHIAN.

I HAVE LIVED HERE FOR ABOUT EIGHT YEARS NOW.

AND SAME STORY, REALLY BAD EXPERIENCE, WONDERFUL EXPERIENCE WITH LORI. AND I WILL BE SO INCREDIBLE SAD AND STRESSED IF THE TIMELINE IS NOT EXPEDITED.

DROP-OFF, I'M, LIKE BEING ONE OF THE FIRST TO DROP-OFF AND LAST TO PICK UP UNFORTUNATELY. AND THERE ARE NEVER MORE THAN TWO CARS, PARENTS AT MY TIME. SO I CAN SPEAK TO THE LACK OF TRAFFIC AT THAT TIME. AGAIN, THIS FACILITY FITS RIGHT IN WITH THE CURRENT BUILDS ALONG 9TH STREET, ALONG THE SURROUNDING AREA IN MID TOWN. WOULD NEVER DROP MY KID OFF, WOULD STAY AS FAR AWAY FROM THE HIGH SCHOOL DRIVERS AS POSSIBLE, HONESTLY. BUT HAVING THE DROP-OFF IN THE BACK AND PARKING T IN THE BACK MAKES SENSE, ESPECIALLY KEEPING THE LOOK OF THE BUILDING ON THE STREET.

I WON'T KEEP YOU LONG BUT CHARACTER FOR THE DIRECTOR AND FOR THIS FACILITY, THEY DO A LOT FOR THE COMMUNITY AND A LOT FOR JUST SUPPORTING THOSE AROUND THEM.

SO WE HAVE DONE A LOT OF CHARITIES, A LOT OF THINGS AND I THINK IT GOES A LONG WAY TO KNOW THAT THEY ARE GOING TO BE IN MIDLOTHIAN HOPEFULLY FOR GOOD LONG TIME.

LIKE MY KIDS HAVE HAD THE SAME TEACHERS FOR THE TIME THEY HAVE BEEN THERE WHICH IS UNHEARD OF FOR A DAY CARE FACILITY.

SO THANK YOU FOR YOUR TIME. >> THANK YOU.

>> FOREPERSON WOULD LIKE TO SPEAK.

>> DESEREE CONCERNS. >> DID YOU FILL OUT A FORM?

>> I DID WHEN I GOT HERE. LORI IS AWESOME.

I WORKING WITH HER FOR ABOUT TWO YEARS.

MY DAUGHTER ATTENDS, THESE THREE.

AND I HAVE SEEN HERE GROW AND LEARN LEAPS AND BOUNDS.

DEFINITELY, THE SUPPORT FROM GROWING IN GRACE IS AMAZING.

YEAH, I THINK THIS PLAN IS AWESOME.

PLEASE CONSIDER IT. >> THANK YOU.

ANYBODY ELSE? >> MY NAME IS RACHEL HARRINGTON.

UNLIKE SOME PEOPLE WHO HAVE LIVED HERE MY WHOLE LIFE, MY HUSBAND AND I HAVE LIVED HERE FIVE OR SIX YEARS, WE DON'T HAVE ANY FAMILY HERE. SO LORI AND HER STAFF HAVE, OUTSIDE OF THE SCHOOL, BECOME OUR FAMILY TAKING CARE OF OUR CHILDREN. THE LAST THING I WANT TO SAY IS, ONE THING THAT IMPRESSED ME WITH LORI, THE THINGS SHE WAS SAYING

[02:15:03]

ABOUT MENTORING THE WOMEN THAT WORK FOR HER ARE VERY TRUE.

MANY OF THESE LADIES HAVE FOLLOWED HER WHEREVER SHE HAS GONE TO WORK UNDER HER. SO THE QUALITY OF THE CARE THAT WILL BE AT GROWING IN GRACE IN THE NEW FACILITY WILL LAST FOR MANY YEARS TO COME. MANY OF THE SAME WOMEN WILL BE EMPLOYED WITH HER LIKE THE OTHER PERSON JUST SAID, MY CHILDREN HAVE HAD THE SAME TEACHERS, WHICH IS REALLY IMPORTANT FOR CONSISTENCY WHEN THEY ARE SO SMALL.

I KNOW MY OLDEST SON, HE HAS A LOT OF ANXIETY ABOUT NEW PEOPLE, NEW FACES. SO HAVING THE SAME FACES THERE CONSISTENTLY AND I KNOW A LOT OF OTHER DAY CARES THROUGH THE PANDEMIC HAD ROTATING STAFF THAT CAUSED THE CHILDREN ANXIETY AND STRESS. SO HAVING THAT SAME CONSISTENT FACES, I THINK THAT WILL BE FOR YEARS TO COME.

SO THE QUALITY OF THAT DAY CARE SHOULD REMAIN THE SAME IN THE COMMUNITY. THANK YOU.

>> THANK YOU. CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING?

>> I WILL MAKE A MOTION, CLOSE THE PUBLIC HEARING .

>> SECOND. >> ALL IN FAVOR.

[AYE] OPPOSED. MOTION PASSES.

IS THERE ANY QUESTIONS FOR STAFF?

>> I HAVE GOT A COUPLE. I WANT TO FIRST OF ALL MENTION TO EVERYONE WHO HAS SPOKEN TONIGHT, I HAVE ZERO DOUBT IN MY MIND OF YOUR PURPOSE AND WHAT YOU ARE WANTING TO DO.

I FULLY SUPPORT THAT. I THINK THAT YOU HAVE A WONDERFUL IDEA AND WONDERFUL CONCEPT.

I AM ATTENDED MIDLOTHIAN BIBLE CHURCH FOR OVER 30 YEARS.

TOM KERN IS A GOOD CLOSE FRIEND OF MINE.

BOTH OF MY DAUGHTERS ATTENDED MIDLOTHIAN BIBLE CHURCH DAY CARE, ONE OF WHOM IS NOW MARRIED.

THE OTHER IS A SENIOR IN COL COLLEGE.

I AM AWARE OF THE IMMENSE IMPORTANCE OF GOOD QUALITY DAY CARE AND IN MY OWN VIEW, I'M HAPPY TO SAY THE IMMENSE IMPORTANCE OF HAVING DAY CARE THAT YOU ARE CONFIDENT IN, THAT YOUR CHILDREN ARE SAFE, MOST IMPORTANTLY, TO ME ALWAYS WAS THAT MY CHILDREN WERE ABLE TO EXPERIENCE A GOD-LIKE, GOOD CHRISTIAN FAMILY ENVIRONMENT. SO EVERYTHING THAT EACH OF YOU HAS MENTIONED TONIGHT, I FULLY SUPPORT.

WHERE I AM CONCERNED, AND I FEEL A LITTLE BIT BADLY FOR YA'LL BECAUSE IT COULD EASILY BE PORTRAYED AS THOUGH, OH, IS THIS THING -- I HAVE ZERO PROBLEM WITH YOUR APPLICATION.

ZERO PROBLEM WITH YOUR IDEA. WHERE I'M CONCERNED IS ABOUT A CITY THAT IS PROJECTED TO POTENTIALLY NOW BE 100,000 PEOPLE AT THE CURRENT GROWTH RATE BY 2035.

AND A LARGE PROPORTION OF THAT 100,000 PEOPLE WILL COME IN FROM THE SOUTH. AND THEY ARE GOING TO COME UP RIGHT UP 663. NOT ALL OF THEM, BUT A LOT OF THEM. A LARGE PORTION OF OUR FUTURE GROWTH EVEN OUTSIDE OF OW CITY Y LIMITS AS YOU GO DOWN, SING SINGLETON, ON THE WAY TO MAINE STREET

OR DO WE OWN FROM MAINE TO 287? >> I BELIEVE WE OWN DOWN TO T

THE -- ALL THE WAY UP. >> THAT'S WHAT I THOUGHT.

SO I'M ASSUMING, WE ARE TALKING 100,000 PEOPLE AND I KEEP -- HERE'S THE ISSUE. I HAVE ZERO DOUBT THAT YOUR BUSINESS CAN WORK, IN MY VIEW, I CAN'T SPEAK FOR THE OTHER COMMISSIONERS, AS I SEE IT, YOUR BUSINESS CAN WORK AS, EVEN LIKE YOU ARE WANTING TO APPLY IT HERE.

THE PROBLEM IS, IS WE CONTINUE -- WE DON'T HAVE A SITE PLAN AND WE CONTINUE, ABOUT EVERY SIX TO NINE MONTHS TO GET A NEW BLOCK OF LAND RIGHT ON 663.

[02:20:01]

I DON'T THINK -- I DOUBT IN ANY WAY THAT -- I DON'T HAVE ANY DOUBTS THAT YOU FOLKS CAN COME UP WITH SIGNS AND POSSIBLY EVEN ROAD MONITORS WHO ARE GOING TO KEEP PEOPLE FROM DROPPING PEOPLE OFF ON 663. BUT I'M ALSO SEEING WHERE I BELIEVE, IF I'M LOOKING AT MY DRAWING PROPERLY, IS THIS GOING TO BE THE FIRST PROPERTY ON THE SOUTH -- IS THAT STREET ON THE NORTH SIDE OF THIS PROPERTY, THE CUT-THROUGH STREET THAT ROLLS

ALL THE WAY THROUGH? >> DYLAN LANE IS WHERE MY CURSOR IS RIGHT NOW. THIS IS EXISTING RIGHT-OF-WAY.

JUST SOUTH OF MID TOWN TERRACE. >> WHAT'S THE STREET THAT I SEE

IN THE DRAWING. >> THAT'S TO THE SOUTH.

ON THE SOUTH SIDE OF -- IT IS JUST A LOCAL STREET.

IT IS NOT PLANNED THOROUGHFARE. >> IT IS NOT A FULL -- I GUESS HERE WHAT'S RUNNING THROUGH MY MIND.

WE DON'T HAVE A SITE PLAN. WE DO THESE IN LITTLE BLOCKS.

AND I'M WONDERING WHEN -- THE HOUSES THAT WE WERE SHOWN IN THE ORIGINAL THAT FACE 663 AND YOU HAVE GOT YOUR SLIP STREET, I'M WONDERING WHEN THIS STARTS? AND SO IT REALLY HAS NOTHING TO DO WITH WHAT YA'LL ARE WANTING TO DO.

AND I DON'T EVEN BLAME THE CURRENT DEVELOPER.

THIS GOES WAY BACK. >> YES, SIR.

>> AND IT IS KIND OF DEVELOPED INTO THIS SITUATION WE ARE IN SINCE ABOUT '08. WE KEEP CHECKER BOARDING THESE THINGS IN. NO SITE PLAN, NO IDEA THE BIG PICTURE, WHAT'S GOING TO HAPPEN. I WOULD REALLY LIKE TO SEE WHERE WE JUST GO AHEAD SOMEHOW AND GET TO APPROVE A SITE PLAN.

IF YOU WANT TO DO COMMERCIAL AND RETAIL ALONG 14TH AND 663, LET'S GET ON WITH IT AND ARGUE IT AND GET IT DONE.

BUT I FEEL BAD, BECAUSE YOU FOLKS ARE CAUGHT IN THE MIDDLE THIS, THAT IS ONGOING. I, FOR ONE, I DON'T WANT TO KEEP LOOK AT IT AND GOING THROUGH THIS EVERY SIX MONTHS.

I DON'T HAVE A BIG PICTURE. BECAUSE THIS IS A CENTER POINT OF OUR CENTER. THIS IS ONE OF OUR TRUE GATEWAYS. THIS IS A GATEWAY TO YOUR BUSINESS THAT YOU WANT TO HAVE. YOU DON'T HAVE ANY IDEA WHAT'S GOING TO BE NEXT TO YOU. AND YOU DESERVE THAT RIGHT.

SO THIS IS WHERE I'M CONCERNED. IT MAKES IT EXTREMELY HARD FOR ME TO CONTINUE VOTING YES WHEN I DON'T SEE AN ENDING POINT.

I COULDN'T TELL YOU SIX MONTHS FROM NOW WHAT'S GOING TO BE SOUTH OF THAT PROPERTY. I HAVE NO IDEA.

SO THIS IS THE PROBLEM I'M DEALING WITH.

IF THAT HELPS YA'LL A LITTLE B BIT.

I KNOW GINGER FARMER, TOO. SHE IS A VERY IMPORTANT PERSON

TO ME. >> REALITY IS, COMING FROM MID

TOWN, I'M A SITUATION WHERE -- >> I KNOW, I UNDERSTAND.

>> [INAUDIBLE]. >> SO MR. RODGERS, I DPREA WITHH YOU ON SITE PLAN MOVING FORWARD. IT HAS TO HAPPEN.

>> I DON'T SEE HOW WE KEEP APPROVING THIS -- THIS IS WHAT I'M WORRIED ABOUT FOR YOU FOLKS. SOONER OR LATER SOMEWHERE ON THIS CHECKER BOARD, WE HAVE GOT TO START SAYING NO TO GET SOME THINGS DONE THAT SHOULD HAVE BEEN DONE SEVERAL YEARS AGO.

SO I DON'T WANT YA'LL TO GET CAUGHT IN THE MIDDLE OF THAT.

I'M HOPING THE DEVELOPER IS GOING TO STEP FORWARD AND SAY, HEY, YEAH LET'S MAKE THESE AMENITIES AND GET THINGS DONE.

WE COULD APPROVE THIS -- I DON'T KNOW WHAT CAN HAPPEN.

I'M THOUGHT WANTING YA'LL TO GET SLOWED UP BUT IF NOT YA'LL, THEN ANOTHER PROPERTY TO THE SOUTH SOONER OR LATER, WE WILL SAY THAT'S IT, NO MORE. SO SOMETHING HAS TO HAPPEN.

>> MR. RODGERS, THAT IS A CONCERN OF STAFF THAT WE HAVE BEEN TALKING TO THE DEVELOPER FOR OVER A YEAR.

THE DEVELOPER IS ACTUALLY HERE TO ANSWER ANY QUESTIONS YOU

MIGHT HAVE ABOUT THAT. >> PLEASE.

>> ABSOLUTELY. I COMPLETELY UNDERSTAND YOUR CONCERN. YOU AND I HAVE HAD THIS CONVERSATION BEFORE WITH OTHER CASES.

WE HAVE BEEN -- IT HAS BEEN A LITTLE BIT MORE COMPLICATED BECAUSE WE WANT TO HIT THE ORIGINAL PD REQUIREMENTS AND LOT DENSITIES AND TRYING TO REDUCE THAT.

THAT WAS SOME OF THE COMMISSIONERS ORIGINAL CONCERN.

WE HAVE BEEN DILIGENTLY WORKING ON A NEW MASTER PLAN WHICH IS ABOUT 98% COMPLETE. NEXT WEEK I'M SUBMITTING IT TO STAFF TO START THAT REVIEW PROCESS.

[02:25:03]

SO WE ARE ACTIVELY ADDRESSING THAT.

I HAVE A PRELIMINARY COPY WITH ME TONIGHT IF YOU WOULD LIKE TO SEE IT. IT WILL BE OFFICIALLY SUBMITTED NEXT WEEK TO THE CITY. ON THIS PARTICULAR SITE, WHEN THE PRELIMINARY PLAT WAS FIND FOR THE SKILLED NURSING, THIS LOT WAS PART OF THAT PLAT. WHICH HAS BEEN APPROVED.

SO THIS LOT 2 AND THE SOUTHERN RIGHT-OF-WAY ROAD IS ALREADY DEDICATED AS IT CURRENTLY IS. SOUTH OF THIS SITE -- MARCOS WILL YOU PULL UP THE AERIAL. THAT'S FINE.

SO SOUTH OF THE RED BA BOX, THEY CARE SITE, TO WHERE WE ARE PUTTING THE NEW DON FLOYD CONNECTOR ROAD, BOULEVARD PART OF THE ORIGINAL PD, THAT IS A SLIP STREET THAT WILL GO FROM THIS. THIS WILL BE THE LAST OFFICE

RETAIL SITE SOUTH. >> OKAY.

>> SO THE SLIP STREET, IF YOU GO TO THE SITE PLAN, SORRY, MARCOS, THE SITE PLAN HERE WHERE WE HAVE THE 50-FOOT PUBLIC RIGHT-OF-WAY COMING OFF OF 663, THERE'S ABOUT A 25, 30-FOOT BUFFER, DON'T QUOTE MY EXACTLY, THE GREEN SPACE, AND THE SLIP STREET

STARTS. >> WILL THE SLIP STREET FALL OFF OF THAT -- AND WE ARE LOOKING AT THIS PICTURE, IT IS GOING TO

KIND OF FALL AND RUN GLOWGHT IT. >> IT DOES.

THERE IS A LARGE GREEN BUFFER BETWEEN 663 AND THE SLIP ROAD.

THAT'S ALL GOING TO BE RESIDENTIAL THAT RUNS ALL THE

WAY -- >> SO WILL THE SLIP STREET

CAREEN A GREEN BUFFER. >> IF DOES ZWHR.

>> TO WHERE THE BUILDING MIGHT BE.

>> CORRECT. THE SIDEWALK THAT IS CLOSEST TO 663 IN FRONT OF THE DIE CA DAY E SITE, THAT WILL CONTINUE DOWN TO

THE DON FLOYD ROAD. >> THAT'S ALL I NEEDED TO HEAR THE WHOLE TIME. I'M HAPPY AS CAN BE.

>> I WILL MAKE YOU HAPPIER. ON THE 14TH SIDE, WE STILL HAVE THE ORIGINAL SCHOOL SITE IN THE ORIGINAL PD42.

WE STILL HAVE THAT COMMERCIAL PIECE THAT'S PART OF THIS NEW MASTER PLAN. THIS IS KIND OF CENTERED IN THE DEVELOPMENT CLOSE TO WHERE THE ORIGINAL SCHOOL SITE WAS LOCATED. BUT ALONG 14TH, THERE IS THE SLIP STREET THAT GOES FROM DYLANWAY DOWN TO THE DON FLOYD THAT CREATES A LARGER GREEN SPACE WITH 10-FOOT SIDEWALK THAT SEPARATES 14TH FROM THE RESIDENTS.

THAT HAS RESIDENTS THAT OCCUPY ALL THOSE LOTS FACING 14TH.

>> SO THIS PART OF THE -- I THINK THERE WAS ORIGINALLY A RETAIL BLOCK MORE ON THE 14TH STREET SIDE THAT WE FLIPPED OVER TO THE 663, IN A FLIPOVER. YOU ARE SAYING THIS PROPERTY IS THE LAST LITTLE BLOCK ON THAT TRADEOUT KIND OF AGREEMENT SITE

PLAN. >> UH-HUH.

SO ON THE ORIGINAL ONE, YOU ARE CORRECT.

THE OFFICE FLIPPED OVER TO THE NINTH STREET SIDE.

THIS, THE DAY CARE AND THE SKILLED NURSING KIND OF TAKE THE PLACE OF THAT. SO RESIDENTS WILL RUN FROM THIS 50-FOOT PUBLIC RIGHT-OF-WAY ALL THE WAY DOWN TO DON FLOYD.

DYLAN WAY. WITH THE SKILLED NURSING CONTRACT, US AS THE DEVELOPER, WERE OBLIGATED TO PUT IN DYLAN WAY. WE ONLY WERE OBLIGATED TO PUT 2INTHE FIRST 450 FEET FOR THE SKILLED NURSING.

BUT WE ARE CONNECTING IT ALL THE WAY THROUGH.

IF YOU DES DRIVE BY 9TH OR 14TH TODAY, YOU WILL SEE THAT DYLAN WAY IS CUT IN. THE INFRASTRUCTURE IS ALMOST COMPLETELY IN. WE WILL START PAVING IN THE NEXT COUPLE OF WEEKS. THIS 50-FOOT RIGHT-OF-WAY IT HAS BEEN PART OF THE APPROVAL ON THE PRELIMINARY PLAT CURRENTLY IN DESIGN. IN THE NEXT TWO TO THREE WEEKS, BE SUBMITTING FOR PERMIT REVIEW. THAT ALSO WILL FEED THE SKILLED

NURSING. >> YOU JUST MADE MY WHOLE NIGHT.

>> I CAN ANSWER MORE QUESTIONS. >> I HAVE BEEN LOOKING FOR THESE ANSWERS FOR SIX YEARS. THIS IS GREAT.

>> I UNDERSTAND. >> GREAT NEWS.

>> BUT I'M GOING TO MEET WITH CITY STAFF BEGINNING NEXT WEEK TO -- OUR GOAL IS TO HAVE THIS MASTER PLAN GO THROUGH STAFF, HAVE DRC MEETING, COME BACK BEFORE YOU GUYS IN THE NEXT

MONTH AND A HALF OR SO. >> OKAY.

>> AND THEN GO TO COUNCIL. WE WANT TO GET THE MAS BEHIND US AND START CONSTRUCTION ON THIS PHASE.

SO PHASE 8, ALSO PERMITTED, UNDER CONSTRUCTION.

[02:30:03]

PHASE 9 IS PERMITTED. THAT CLOSES OUT, BESIDES SOME OF THE COMMERCIAL PIECES NORTH OF DDYLAN, ALL THAT IS LEFT IS THIS

60 ACRES SOUTH OF DYLAN. >> WONDERFUL.

I DID HAVE ONE OTHER QUICK QUESTION.

WE HAVE CLOSED PUBLIC HEARING. >> YES, WE HAVE.

>> SO STAFF, I'M ASSUMING THAT WE HAVE -- WHAT'S THE PLAN OUT ON THE RIGHT-OF-WAY FOR 663? AS FAR AS ZS -- I'M SEEING SIX

LANES, AM I OFF HERE? >> I THINK THE PLAN --

>> I'M NOT SAYING -- THIS SECTION HERE SHOULD HAVE IT --

>> IT FUNNELS DOWN SOMEWHERE, DOESN'T IT.

>> IT IS FOUR LANE DIVIDED TO 287, THEN IT SHOOTS OUT TO SIX

LANES. >> AT 287.

>> AT 287. BUT THE RIGHT-OF-WAY DEDICATION

HAS ALREADY BEEN PROVIDED. >> YOU FEEL LIKE FOUR LANES IS GOING TO BE ENOUGH? I KNOW FOR YEARS WE TALKED LIKE WE WERE GOING TO HIT 60,000. AND THEN IT BECAME 80.

AND NOW IT IS 100. >> THE COMP PLAN IS BEING RE-LOOKED AT IT. SUPPOSED TO RELOOKING AT THE COMP PLAN THIS SPRING. THAT WILL -- STILL WORKING WITH OUR SAME TRAFFIC ENGINEER TO RE-LOOK AT -- WE HAVE DONE A LOT OF ZONING AND WE HAVE DONE A LOT OF ZONING THAT DOESN'T NECESSARILY FALL IN LINE WITH OUR FUTURE LAND USE PLAN, MIND YOU. SO OUR FUTURE LAND USE PLAN WHEN WE LOOKED AT OUR THOROUGHFARES, WE LOOKED AT OUR FUTURE LAND USE PLAN, ASSUMING THAT THESE ARE THE TYPES OF ROADS WE NEED WITH THIS TYPE OF FUTURE LAND USES. IF WE DEVIATE FROM OUR FUTURE LAND USE PLAN, WE NEED TO START TO RE-LOOK AT OUR ROADS.

THOSE ROADS MAY NOT CORRELATE FROM RESIDENTIAL TO INDUSTRIAL OR TRUCKING USES. YOU NEED DIFFERENT TYPES OF THOROUGHFARES IN DIFFERENT AREAS.

SO THAT IS SOMETHING THAT'S ABSOLUTELY GOING TO BE LOOKED AT

NEXT SPRING. >> OKAY.

THANK YOU. >> I KNOW WHEN THE NURSING FACILITY CAME IN, WE WERE VERY HEAVY ON ASKING AND REQUESTING THE SITE PLAN AND WE WERE PROMISED THAT WAS GOING TOCK TTO BETURNED IN PREVIOUSLY. IT HASN'T BEEN YET.

THIS LOT THAT WAS CREATED WITH THAT NURSING FACILITY IS, I THINK, A GOOD USE WITH THE DAY CARE.

I DON'T KNOW WHAT ELSE -- THAT WAS A CONCERN TO ME WHEN WE APPROVED THE NURSING FACILITY. I DIDN'T KNOW WHAT WAS GOING TO FIT IN THERE. I THINK THIS FITS WELL.

>> ALSO LIKE THE WAY -- I'M GOING TO -- I DO BELIEVE WHAT HE TELLS ME THAT THEY ARE GOING TO SUBMIT A SITE PLAN WHICH IS MAJOR MUSIC TO MY EARS. I SEE HOW THAT TIES IN WITH THE SLIP STREET OFF THE SIDE OF THIS.

SO, YEAH. THINGS ARE LOOKING UP.

>> WHAT'S THE TIME FOR THE HIGH SCHOOL IN THE MORNINGS? TIME FRAME FOR THE SCHOOL ZONE IN THE MORNINGS AT THE HIGH

SCHOOL? >> 8:30.

>> YEAH, I THINK THE SCHOOL -- SCHOOL LET'S OUT AT 3.

>> SCHOOL STARTS AT 8:30, OUT AT 4.

>> NOW, AGAIN, THAT'S THE WHOLE REASON WE HAVE OUR CONCERNS ABOUT FOLKS PARKING ON THAT SHOULDER, ONLY BECAUSE IF YOU LOOK AT THOSE PEAK HOURS DURING THE SCHOOL TIMES, FOLKS WILL PARK ALONG THAT SHOULDER TO PICK THEIR KIDS UP.

KIDS WILL RUN ACROSS 9TH STREET WHICH WE DON'T WANT TO SEE.

I DON'T WANT TO SEE -- AGAIN, I DON'T KNOW -- WE'RE SURE THAT MORE THAN LIKELY NO ONE IS GOING TO TRY UTILIZING 9TH STREET TO DROP ANYBODY OFF. WE HOPE NOT.

BUT KNOWING WHAT WE HAVE KNOWN FROM WHAT IS HAPPENED WITH THE SCHOOL IN THE PAST, WE HAVE SEEN FOLKS PARK ALONG THAT SHOULDER.

>> WELL, MY STATEMENT THERE IS AT LEAST IF IT IS TIME FRAME WHEN THE SCHOOL IS ON, IT IS SLOWED DOWN.

AND THERE IS A MIDLOTHIAN PD OFFICER RIGHT THERE AT THAT ENTRANCE WATCHING AS WELL. TO ME THAT IS A SAFETY FACTOR.

SO I THINK THAT'S A GOOD THING. >> NOW, I DON'T KNOW WHEN THE PICKUP TIMES ARE FOR THE DAY CARE.

>> THAT'S ANOTHER -- BUT IN THE MORNING, I THINK IT IS COVERED THAT WAY. NEATS WHATTHAT'S WHAT I HAVE GO.

>> ANY OTHER QUESTIONS FOR ST STAFF? SEEING NONE. CAN I GET A MOTION?

>> MOTION TO APPROVE AS PRESENTED.

>> MAKE A MOTION WE APPROVE AS PRESENTED.

[02:35:03]

>> SECOND. >> ALL IN FAVOR.

[AYE]. OPPOSED.

MOTION PASSES.

[018 Conduct a public hearing to consider and act upon an ordinance by amending the development and use regulations of Planned Development District No. 33 (PD-33) as adopted by Ordinance No. 2006-10, by adopting a planned development site plan and development regulations for 1.578± acres. The property is located at the northeast corner of North 14th Street and East Ridge Drive, and west of West Maple Ridge Court (Case No. Z11-2022-040).]

>> ITEM NO. 18. CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE BY AMENDING THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 33 (PD-33) AS ADOPTED BY ORDINANCE NO. 2006-10, BY ADOPTING A PLANNED DEVELOPMENT SITE PLAN AND DEVELOPMENT REGULATIONS FOR 1.578+ ACRES. THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF NORTH 14TH STREET AND EAST RIDGE DRIVE AND WEST OF WEST MAPLE RIDGE COURT.

>> MARKOS. >> THANK YOU, COMMISSIONER.

THE PROPERTY IS LOCATED AT THE INTERSECTION OF 14TH STREET AND EAST RIDGE DRIVE AS SHOWN UP HERE ON THE SCREEN.

IT IS ABOUT 1.5 ACRES IN SIZE. THE DEVEL DEVELOPMENT DOES INCLE THREE BUILDINGS. EACH BUILDING PLANNED TO BE 4,000 SQUARE FEET IN SIZE. THIS IS FOR OFFICE AND PERSONAL SERVICE USES. THE NUMBER OF PARKING SPACES BASED ON WHAT'S SHOWN ON THE SCREEN HERE DOES ADHERE TO OUR CURRENT PARKING RATIO REQUIREMENTS AS PER THE ZONING ORDINANCE. FUTURE LAND USE PLAN FOR THIS PROPERTY DOES SHOW THAT THE PROPERTY IS LOCATED IN WHAT WE CALL THE HIGH DENSITY MODULE, URBAN HIGH DENSITY MODULE.

THE URBAN HIGH DENSITY MODULE DOES CALL FOR PARDON APARTMENT T ALSO PROVIDES A SECONDARY COMPONENT FOR RETAIL AND FOR OFFICE USES. SO THE PROPOSED PLAN FOR THIS SITE IS CONSISTENT WITH OUR FUTURE LAND USE PLAN.

HERE ARE THE ELEVATIONS THAT WERE PROVIDED BY THE APPLICANT.

IT DOES INCLUDE VERTICAL AND HORIZONTAL ARTICULATION.

WHERE THE APPLICANT FALLS SHORT IS ON SOME OF THE HORIZONTAL ARTICULATION REQUIREMENTS. BASED ON WHAT OUR CURRENT ZONING ORDINANCE REQUIRES, IN ADDITION THE ORDINANCE ALSO REQUIRES THAT BUILDINGS KEEP ON ALL FOUR SIDES INCLUDE THE SAME TYPE OF MATERIALS AND DETAILING. IN THIS PARTICULAR CASE, LET HEE ZOMEZOOM DOWN TO THIS LOCATION , ALL FOUR WALLS FACE EITHER RIGHT-OF-WAY OR THEY FACE RESIDENTIAL OR THEY FACE APARTMENT USE. SO IN THAT PARTICULAR CASE, WE WOULD NEED THE ARTICULATION STANDARDS TO MATCH ON ALL FOUR SIDES. THAT'S ESSENTIALLY WHAT OUR RULES, OUR BLACK AND WHITE RULES CALL FOR.

WHAT THE APPLICANT HAS DONE, AND YOU CAN CEASE THESE AREAS THAT ARE OUTLINED IN RED. AND I CAN HAVE THE APPLICANT COME UP HERE AND EXPLAIN WHAT THEY HAVE DONE HERE ALSO, THEY HAVE DONE KIND OF A VARIATION ON THE ARTICULATION REQUIREMENTS.

INSTEAD OF IT JUST BEING, YOU KNOW, THREE FOOT BUMP OUT THIS ONE LOCATION, WHICH IS WHAT OUR ARTICULATION REQUIREMENTS WOULD REQUIRE, WHAT THEY HAVE DONE, THEY HAVE DONE VARIOUS ARTICULATION BUMPOUTS BUT NOT THREE FEET.

SOME ARE A FOOT, SOME ARE LESS, IT JUST KIND OF DEPENDS.

WHAT THEY ARE ASKING TO DO IS TO HAVE A LITTLE BIT OF RELIEF ON THE ARTICULATION SIDE OF THIS. LET'S SEE.

MOVING ONTO THE FENCING ON THIS, THE ZONING ORDINANCE DOES ALSO REQUIRE MASONRY FENCE THAT IS LANDSCAPED.

WHEN YOU ARE ADJACENT TO APARTMENT USE OR RESIDENTIAL USE, MASONRY WALL IS YOUR ONLY OPTION.

IN THIS PARTICULAR CASE, THE APPLICANT IS ACTUALLY PROPOSING A SIX-FOOT WROUGHT IRON FENCE. WITH THAT SIX FOOT WROUGHT IRON FENCE, SIX-FOOT VEGETATIVE SCREEN WALL.

THEY ARE USING THE SAVANNAH HOLLIES THAT WILL BE INSTALLED.

THAT IS ESSENTIALLY WHAT THE APPLICANT IS PROPOSING.

WE SENT OUT 15 LETTERS TO PROPERTY OWNERS ALL WITHIN

[02:40:02]

200 FEET. WE DID RECEIVE ONE LETTER IN SUPPORT WITHIN THAT 200-FOOT BOUNDARY.

THE APPLICANT DOES SEEK THOSE TWO VARIANCES THAT I JUST SPOKE ABOUT A FEW MINUTES AGO REGARDING THE HORIZONTAL ARTICULATION REQUIREMENTS AND THEN THE SCREENING REQUIREMENTS.

KNOWING, AGAIN, THEY ARE SUPPOSED TO HAVE MASONRY, THEY ARE PROPOSING WROUGHT IRON FENCE.

STAFF DOES, WE RECOMMEND APPROVAL OF WHAT THE APPLICANT IS PROPOSING HERE WITH CERTAIN CONDITIONS.

THAT THEY STILL ADHERE TO OUR HORIZONTAL ARTICULATION REQUIREMENTS AND THAT THEY ALSO INSTALL A MASONRY WALL INSTEAD OF THAT WROUGHT IRON FENCE THAT THEY ARE ASKING FOR.

I WILL CONTINUE TO STAND FOR QUESTIONS.

>> THANK YOU, MARCOS. ANY QUESTIONS FOR STAFF? WOULD THE APPLICATION LIKE TO SPEAK?

>> MY NAME IS JUSTIN CROCKER, 3441 PLAIN VIEW ROAD HERE IN MIDLOTHIAN. WE ARE NOT TRYING TO REINVENT THE WHEEL. WE ARE JUST -- ACTUALLY ALREADY HAVE OPERATORS FOR TWO OF THE BUILDINGS.

HUSBAND AND WIFE COMBO, ONE REALTOR AND ONE A HAIR SALON, GETTING THEIR BUSINESSES MOVED OVER FROM MAN MANSFIELD.

WE THINK THIS IS A STILL A LITTLE BIT NICER THAN SOME OF THE OTHER OFFICES AND I KNOW THE CITY WAS WORRIED ABOUT ARTICULATION. I DON'T KNOW, I GOT CONFUSED BY THAT. THE DESIGNER SAYING WE DIDN'T MEET IT, CITY SAYING WE DIDN'T. I ALMOST FEEL LIKE SPLITTING HAIRS. I THINK IT IS A VERY NICE BUILDING. I DID HAVE SHANE DESIGN THE BUILDING, HE CA HE CAN SPEAK TO. I'M A LANDSCAPE GUY, THE MASONRY WALL, I CAN'T GET OVER THE MASONRY WALL.

IT IS NOT THE NICEST REAL ESTATE IN MIDLOTHIAN AROUND IT.

I THINK IT WOULD LOOK BETTER IF WE CAN DO THE SIX FEET SCREENING, IRON FENCE. IT DOESN'T NECESSARILY SAVE US ANY MONEY. WHEN YOU LOOK AT WHERE THIS IS AND WHAT'S AROUND IT, I PERSONALLY THINK IT WOULD BE A NICER LOOK SO I WOULD ASK YOU GUYS TO CONSIDER.

YA'LL WANT TO HEAR ANY DETAILS OF THAT ARTICULATION DISCUSSION?

>> ARE YOU YA'LL WORRIED ABOUT IT?

>> SO, FOR INSTANCE, THIS IS WHAT YOU HAVE UP HERE ON THE SCREEN RIGHT NOW, THIS IS THE -- I BELIEVE THIS IS WHERE THE HAIR SALON IS GOING TO GO. SO THE HAIR SALON, THIS IS THE BACK OF THE BUILDING. BACK OF THE BUILDING FACES APARTMENTS, PRE-EXISTING APARTMENTS.

OUR RULES SAY THAT YOU HAVE TO HAVE HORIZONTAL ARTICULATION ON THE REAR OF THE BUILDING IF YOU'RE FACING RESIDENTIAL OR PARK. IN THIS CASE, YOU ARE FACING RESIDENTIAL. THAT BEING MULTIFAMILY.

THERE IS NO HORIZONTAL ARTICULATION ON THE BACK SIDE.

IT IS A TH FLAT WALL THIS THEY INCLUDED VERTICAL ARTICULATION.

IS THAT NITPICKY, NOT REALLY. BECAUSE THE RULES SAY WHAT THEY SAY. WE ARE HERE TO SAY, HEY, THEY ARE MEETING THE SPIRIT OF SOME OF THESE RULES.

THEY ARE JUST NOT FULFILLING THEM FULLY.

THE BODY HAS ABILITY TO APPROVE IF THEY AGREE WITH WHAT IS DONE.

HE HAS DONE MORE ON ONE SIDE THAN HE HAS DONE ON ANOTHER SIDE. SO IN A WAY, IT IS OFFSETTING, TO AN EXTENT, IF WE ARE FINE WITH THAT.

I THINK FROM STAFF'S PERSPECTIVE, WE CAN APPRECIATE THE OFFSETS AND THE ADDITIONAL ARTICULATION THAT THE APPLICANT HAS PROVIDED, BUT, YOU KNOW, WE KIND OF SOMETIMES JUST PREFER TO STICK TO THE RULES IF WE CAN AND WE ALLOW COUNCIL TO MAKE THAT UP ULTIMATE DECISION. FROM STAFF PERSPECTIVE, WE WILL STICK TO THE RULES. I THINK THE OTHER BUILDING HERE, SHANE, IF INCOMPETENT NOT I AM U ADDED AN OFFSET? IT IS LIKE A PORCH YOU WALK UNDER.

>> SO COUPLE THINGS. WE CAN GO BACK TO THE SITE PLAN, I WILL SHOW YOU THE INTENT. THE SALON BUILDING IS THIS ONE

[02:45:01]

RIGHT HERE. AND YOU CAN SEE THIS IS THE BUILDING LINE AND TO GET THE PARKING TO FIT WHERE WE ARE KIND OF HEDGED IN THERE. THIS IS THE PROPOSED SCREEN WALL. SO THE THOUGHT PROCESS WAS, WE WILL ARTICULATE ON ALL THREE SIDES HERE AND ACROSS THE BACK THAT'S FACING A SCREEN WALL, WE ARE JUST GOING TO DO VERTICAL ARTICULATION BECAUSE THE HORIZONTAL YOU WILL NOT SEE, THERE'S A SCREEN WALL THAT SEPARATES THE PROPERTY NEXT DOOR. ON THIS BUILDING, THIS IS THE REAL ESTATE OFFICE AND THIS IS RENTAL SPACES HERE, WE OBVIOUSLY FACE 14TH STREET. SO THAT'S WHERE WE INCORPORATED THIS. THIS IS THE BACK OF THAT OFFICE BUILDING. SO WE HAVE AN OFFSET, THIS FACE POPS OUT AND STANDS PROUD AT THIS FACE, AND THIS IS RECESSED BACK IN. SO INSTEAD OF HAVING JUST ONE THREE-FOOT OFFSET, WHICH IS GOING TO LOOK ODD ON 4,000 SQUARE FEET BUILDING, THIS FROM AN AR ARCHITECTURAL STANDPOINT LOOKS BETTER AND STANDS OUT. IT IS STILL GOING TO LOOK LIKE A REAR OF THE BUILDING. THIS DRESSES IT UP MORE.

YOU HAVE ONE FOOT OFFSET HERE AND THEN ANOTHER OFFSET THAT COMES BACK WITH THE AWNINGS AND WINDOWS AND DOOR.

TO DRESS UP REAR ELEVATIONS, WE ADDED WINDOWS, DECORATIVE SCONCE LIGHTS, METAL AWNINGS. ARTICULATED THE PARAPET ON BOTHBOTHBUILDINGS. WE STILL ADDING AWNINGS, EYEBROW CANOPY OVER THE DOORS EVEN THOUGH ALL OF THIS FACES THE SCREEN WALL. ALL THE SIDES, EVEN ON THE SALON BUILDING, WE DO HAVE THE ARTICULATION, LIKE MARCOS MENTIONED, MORE THAN WHAT'S REQUIRED, TO MAKE UP THE DIFFERENCE. AGAIN, JUST FITS IN BETTER WITH

THE OVERALL DESIGN INTENT. >> IT ALL MAKES PERFECT SENSE NOW. SO WHAT ABOUT OTHER PROPERTIES LIKE RETAIL THAT WE HAVE LIKE AT WHAT ABUT RESIDENTIAL.

DO YOU HAVE OTHERS THAT HAVE WROUGHT IRON IN.

JUST WROUGHT IRON OR SOME TYPE OF FOLIAGE ALONG THE WROUGHT

IRON. >> PROPOSING SIX FOOT FOLIAGE ALL THE WAY. WE ARE NOT TRYING TO PUT IN LITTLE BUSHES THAT TAKE TEN YEARS.

ACTUALLY WE WANT THEM TO GROW FAST.

TO BE HONEST [INAUDIBLE]. >> [INAUDIBLE].

>> SIX FOOT IS A REQUIREMENT. >> I'M TRYING TO DIFFERENTIATE IN MY MIND STAFF AND OBVIOUSLY I WOULD ASSUME IN OUR -- I GUESS OUR BUILDING REGULATIONS FOR THIS TYPE OF ABUTTING SITUATION

WOULD CALL FOR A WALL. >> THIS WOULD CALL FOR A WALL ONLY BECAUSE WHEN YOU THINK ABOUT THE MAINTENANCE OF IT, I'M SURE THE VEGETATIVE SCREEN WALL WILL LAST THROUGH THE AGES.

IT WON'T LAST TH THROUGH THE AGS LIKE A MASONRY WALL.

A MASONRY WALL IS A MASONRY WALL.

DEFINITE UPKEEP. SOME ENFORCEMENT THAT WE WILL NEED TO DO OUT THERE. IF SOMETHING DIES AND NOBODY PUTS THE HOLLY BACK IN THERE. I DON'T KNOW WHO THE OWNER IS GOING TO BE FIVE YEARS FROM YOU NOW.

THE MASONRY WALL SETS A SCREEN, PERMANENT SCREEN BETWEEN THE APARTMENTS TO THE NORTH AND THE TOWN HOMES TO THE EAST.

NOW, COULD THIS AREA REDEVELOP IN THE FUTURE AGAIN? IT'S VERY POSSIBLE. I DO KNOW THESE APARTMENTS ARE VERY OLD. THEY MAY LAST ANOTHER 50 OR HUNDRED YEARS. OR THEY MAY GET REDEVELOPED.

>> SO THE QUESTION WOULD BE, DO WE HAVE OTHER RECENT APPROVALS OF THIS SAME TYPE OF APPLICATION OR CLOSE TO IT WHERE A WALL HAS

NOT BEEN REQUIRED? >> NO.

HAWKINS MEADOWS, WE REQUIRED MASONRY.

>> I REMEMBER THAT. >> THERE HAVE BEEN SOME UVPDS THAT WE HAVE DONE, FOR INSTANCE, THE ONE DOWN THE STREET HERE, UPD FOR AN ICE CREAM SHOP. THE BLUE BUILDING DOWN HERE ON

[02:50:03]

MAIN STREET. THEY WERE PERMITTED TO DO A WOODEN FENCE. IT REALLY CALLED FOR A MASONRY WALL. GIVEN THE LOCATION.

>> YEAH, RIGHT. >> WE WERE OKAY.

>> SO I DON'T PERSONALLY SEE THAT BIG OF A DEAL ON THE ARTICULATIONS, ESPECIALLY IF THERE IS A WALL THAT IS GOING TO BLOCK IT OUT, THE MAJORITY OF IT.

I WAS KIND OF REMEMBERING AS YOU WERE IN JUST ABOUT ALL RECENT APPLICATIONS, WE PRETTY MUCH -- I KNOW WITH THE COUNCIL BEFORE THIS ONE, THEY WERE REALLY HARD ON WALLS.

SO I DON'T KNOW HOW -- I WILL LET THE REST OF THE BOARD TALK A LITTLE BIT. I DON'T KNOW HOW THEY WILL VIEW THAT. I DON'T KNOW WHAT TO THINK MYSELF. .

>> I DON'T MIND N THE WROUGHT IN FENCE WITH THE TREES FOR SCREENING. ESPECIALLY WHEN IT IS WRITTEN

INTO THE ORDINANCE. >> I WOULD AGREE WITH YOU.

AS LONG AS YOU ARE GETTING A SIX FOOT TALL MINIMUM SHRUB THERE OF SOME SORT, I THINK THEY ARE MEETING THE SPIRIT OF THE

REQUIREMENT. >> ONLY PROBLEM IS THAT WITH WROUGHT IRON FENCES, PUTTING UP THE SHRUB LIKE THIS, FIVE, TEN YEARS, IT LOOKS TERRIBLE. ANYWHERE I HAVE GONE, YOU SEE WROUGHT IRON FENCES, SHRUB PUT IN THIS AREA, EVEN AT SIX FOOT.

FIVE OR TEN YEARS IT DON'T LOOK GOOD.

BUSHES DIE. HOW DO YOU KEEP UP? HOW DO YOU MAINTAIN THAT VERSUS MORE ATTRACTIVE WALL.

MAYBE WOOD, MAYBE IT IS BRICK AND WROUGHT IRON.

NOT NECESSARILY A GREEN AREA. TO ME, OVER THE YEARS, FIVE, TEN, 15, IT JUST DOESN'T LIKE GOOD.

ARCHITECTURE OF THE BUILDING LOOKS GREAT.

I DON'T LIKE THAT FEEL OF WROUGHT IRON FENCES AND SHRUBS THERE. IT DOESN'T LOOK GOOD OVER THE YEARS, NO MATTER WHO OWNS THAT PROPERTY FIVE, TEN YEARS.

IT GOES DOWNHILL. THAT MAKES OUR COMMUNITY, WE HAVE TO FIGURE OUT DOING SOMETHING DIFFERENT.

I'M LIKE THE CITY ON THIS ONE. I CAI BELIEVE WE NEED SOMETHING DIFFERENT. I DON'T KNOW WHAT THAT IS.

BUT I DON'T LIKE THE WROUGHT IRON.

IT DEVALUES THE LOOK OF THE PROPERTY AS WELL AS THE SHRUBBERY, BUSHES THERE, AS THEY DECLINE AND GET OLD IN AGE.

TO MAINTAIN THAT. WE DON'T KNOW THAT IS GOING TO HAPPEN. THAT'S MY THOUGHTS ON THAT.

>> UNDERSTOOD. >> PLANT CHOICE IS ONE --

>> COME UP TO THE MIC. >> I AGREE WITH WHAT YOU ARE SAYING, WE DO THIS FOR A LIVING ALL OVER TEXAS ON COMMERCIAL PROJECTS. SO PLANT CHOICE HAS A LOT TO DO WITH THAT. PLANT THE WRONG THING, PEOPLE USED TO DO RED TIPS FOR SCREENING, THEY GET A FUNGUS AND DIE. THIS IS LOW MAINTENANCE, ORNAMENTAL TREE. A SOLID SCREEN WITH LITTLE TO NO MAINTENANCE. SO THERE IS A LITTLE BIT OF REASONING AND ACTUALLY IS BASED ON WHAT YOU JUST SAID FOR THE PLANT CHOICE THAT WAS CHOSEN FOR THIS.

>> WHAT'S THE LIFE-SPAN OF THE HOLLY?

>> THEY ARE -- THEY ARE GOING TO BE JUST LIKE YOU PLANT A TREE IN YOUR YARD. I CAN'T TELL YOU EXACTLY.

THEY ARE GOING TO -- THEY LIVE A LONG TIMEFUL THEY ARE NOT TIME.

IT IS A LONG-TERM PLANT. >> ANY OTHER QUESTIONS? STILL HAVE THE PUBLIC HEARING OPEN.

CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING.

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

>> ALL IN FAVOR. >> [AYE] OPPOSED.

MOTION PASSES. ANY QUESTIONS FOR STAFF?

CAN I GET A MOTION? >> MAKE A MOTION TO APPROVE AS

[02:55:04]

SUBMITTED EXCLUDING STAFF'S RECOMMENDATIONS.

>> I WILL SECOND. >> ALL IN FAVOR.

>> [AYE] OPPOSED. MOTION PASSES.

. >> REGISTERED TO SPI ON THIS.

SPEAK ON THIS. DAVID MCNEALY.

>> YOU ARE REGISTERED. >> THE ONLY PROBLEM I HAVE IS TRAFFIC. THAT'S MY HOUSE.

WITH ALL THIS EXTRA BUSINESS, TRAFFIC IS GOING TO BE BIGGER, MAYBE A TRAFFIC LIGHT OR SOMETHING.

I'M HAVING TROUBLE GETTING OUT OF MY DRIVEWAY ALREADY.

AS FAR AS THE LOT GOES, I WOULD JUST AS SOON SEE TREES AND WROUGHT IRON. WHATEVER YA'LL DECIDE.

>> COMMISSIONERS, PART OF THIS PROCESS, I WILL LET YOU KNOW, ANY KIND OF DEVEL DEVELOPMENT P, WE GO THROUGH A TIA PROCESS.

ALL THESE THINGS ARE LOOKED AT, WHAT'S WARRANTED, ET CETERA.

THESE ARE THINGS WE DO LOOK AT FOR TRAFFIC, ET CETERA.

>> [INAUDIBLE]. >> ABSOLUTELY.

I APOLOGIZE, I THOUGHT MARCOS STATED THIS IN HIS OPENING.

I DIDN'T REALIZE IT WAS A SPEAKER AS WELL.

[019 Conduct a public hearing and consider and act upon an ordinance amending the regulations relating to the use and development being Lots 1A1, 1A2, 2A, and 3A, Block 1 of the McCowan Addition by changing the zoning from Light Industrial (LI) District to Planned Development District No. 149 (PD-149) for Light Industrial and Distribution Center Uses. The property is located south of Tayman Drive, between U.S. Hwy 67 and Old Hwy 67 (4191 N U.S. Hwy 67) (Case No. Z12-2022-047).]

NO. 19. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE REGULATIONS RELATING TO THE USE AND DEVELOPMENT BEING LOTS 1A1, 1A2, 2A, AND 3A, BLOCK 1 OF THE MCCOWAN ADDITION BY CHANGING THE ZONING FROM LIGHT INDUSTRIAL (LI) DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 149 (PD-149) FOR LIGHT INDUSTRIAL AND DISTRIBUTION CENTER USES. THE PROPERTY IS LOCATED SOUTH OF TAYMAN DRIVE, BETWEEN U.S. HWY 67 AND OLD HWY

67. >> THANK YOU, COMMISSIONER.

THIS LOOKS FAMILIAR. WE HAVE BROUGHT A VERY SIMILAR CASE TO THIS COMMISSION BACK IN OCTOBER, ACTUALLY.

SUBJECT PROPERTY IS ROUGHLY 29 ACRES AND THAT IS OFF OF U.S.

67. I HAVE SHILOH AND OLD HIGHWAY 67 ON THE REAR SIDE OF THIS PROPERTY.

THE PROPERTY IS ZONED LIGHT INDUSTRIAL.

IT IS ADJACENT TO SOME EXISTING MOBILE HOMES THAT'S ZONED MH, FOR MOBILE HOMES. WE HAVE ALSO HAVE SOME MEDIUM AND LIGHT INDUSTRIAL ADJACENT TO THE PROPERTY AS WELL.

FUTURE LAND USE PLAN DOES SHOW THE PROPERTY IS SURROUNDED BY THE INDUSTRIAL MODULE. THE PROPOSED USE WOULD BE CONSISTENT WITH THE INDUSTRIAL MODULE.

IN THIS PARTICULAR CASE, THEY ARE LOOKING AT A DISTRIBUTION CENTER. THE PROPOSAL DOES INCLUDE TWO BUILDINGS. THIS IS GOING TO TOTAL 386,000 SQUARE FEET WITH A TRUCK COURT ON THE REAR SIDE.

THERE ARE FIVE POINTS OF INGRESS AND EGRESS.

THERE'S FOUR THAT ARE GOING TO BE LOCATED ALONG THE FRONTAGE ROAD AND THEN ALSO ONE ON THE REAR SIDE OF THE PROPERTY THAT ACCESACCESSES SHILOH ROAD. STAFF DOES HAVE SOME CONCERNS REGARDING THE LOCATION OF THE PROPOSED MID DRIVE OFF OF THE 67 FRONTAGE. THAT BEING TOO CLOSE TO THE EXISTING RAMP. THE QUESTION IS, WILL TRUCKS ONE DAY TRY TO EXIT FROM THIS LOCATION.

THIS IS SOMETHING THAT WE ALSO TALKED ABOUT BACK IN OCTOBER.

RIGHT NOW, THE APPLICANT DOES SHOW THAT THIS IS ONLY FOR

[03:00:02]

INGRESS NOT FOR EGRESS. SO THE WAY THEY ARE TRYING TO SET THIS UP RIGHT NOW IS TO TRY TO KEEP TRUCKS FROM PROHIBITING THEM FROM TRYING TO EXIT THIS PARTICULAR LOCATION.

YOU KNOW, I THINK FROM STAFF'S PERSPECTIVE, WE WOULD PREFER TO SEE THIS INGREASE INGRESS BE PUY FROM THE FRONTAGE ROADS IN A WAY THAT ENSURE THAT TRUCKS WILL NOT EXIT FROM THIS LOCATION.

THE ONLY ISSUE IS THIS DOES BELONG TO TXDOT.

THIS IS OBVIOUSLY A TXDOT FACILITY.

TXDOT DOESN'T ALLOW ANY RAISED MEDIANS WITHIN THEIR RIGHTS OF WAY. SO WE DO SEE A CHALLENGE IN THEM BEING ABLE TO PROVE THAT, BASED ON WHAT STAFF IS TRYING TO RECOMMEND HERE. IN ADDITION, STAFF IS ALSO RECOMMENDING TWO DECELERATION LANES.

THEY SHOW ONE DECELERATION LANE IN THIS LOCATION.

WE WOULD WANT TO SEE ANOTHER DECELERATION LANE AT THIS LOCATION. GOING BACK TO SEEING ALL THE EXITS, WE WOULDN'T -- WE DON'T NECESSARILY NEED TO SEE ANY OTHER DECELERATION LANES. ONLY THE FIRST TWO BEFORE THIS ON-RAMP IS THE ONLY LOCATIONS WE ARE SEEKING THAT REQUEST.

IN ADDITION TO THAT, THERE'S A LEFT TURN LANE THAT WE WOULD ALSO PROPOSE AS A RECOMMENDATION AS WELL INTO THE ACTUAL SITE.

SO HERE ARE THE BUILDING -- ACTUAL BUILDING FACADES THAT THE APPLICANT HAS PROVIDED TO US. THEY DO OFFER THE HORIZON TAP HD VERTICAL ARTICULATIONS ON THE FRONT AND SIDE.

NOT ON THE REAR SIDE. THIS IS MAINLY DUE TO CONCERNS.

STAFF DOES SUPPORT THE DESIGN. WE UNDERSTAND THAT IN THIS TRUCK AREA, TO HAVE THE HORIZONTAL OFFSETS IN THE BACK MAY CAUSE SOME ISSUES KNOWING THAT ALL OF THEIR TRAILER DOORS ARE ON THE BACK SIDE. SO AS I SAID BEFORE, WE DO DEFINITELY SUPPORT THE DESIGN THAT YOU SEE UP HERE ON THE SCREEN. ORNAMENTAL IRON FENCING IS PROPOSED WITH MASONRY COLUMNS ON THE REAR SIDE.

YOU WILL NOTICE HERE ALONG OLD HIGHWAY 67, THEY HAVE GOT A COUPLE OF ROWS OF TREES, THAT WILL ALSO HELP FROM A SCREENING PERSPECTIVE. IN ADDITION TO THAT, THERE'S A MASONRY WALL THAT WILL BE ERECTED ON THIS SECTION OF SHILOH ROAD. THAT WILL ALSO ASSIST IN HELPING TO SCREEN THE REAR SIDE OF THE BUILDING.

CONSTRUCTION OF SIDEWALKS ARE REQUIRED WITH ANY TYPE OF NEW DEVELODEVELOPMENT. THE APPLICANT IS ASKING FOR A VARIANCE AS SIDEWALKS DO NOT EXIST ON EITHER SIDE.

THE APPLICANT IS PROPOSING TO BUILD SIDEWALKS ONLY ALONG SHILOH ROAD FROM THEIR ACTUAL EXIT POINT ON THE BACK SIDE UP TO 67. NOW, FROM STAFF'S PERSPECTIVE, WE WOULD PREFER TO SEE SIDEWALKS RUN ALONG THE FRONT AREA.

WHERE DO YOU START? IF WE ARE GOING TO START SEEING SIDEWALKS COME TO THE CITY, WE HAVE TO START SOMEWHERE.

SO WE ARE IN SUPPORT OF HAVING SIDEWALKS BE INSTALLED IN THAT AREA. THE APPLICANT IS SEEKING RELIEF IN THE SECTION IN YELLOW NORMALLY YOU WOULD SEE TREES REQUIRED IN THIS AREA. THE APPLICANT IS ASKING NOT TO HAVE ANY TREES IN THIS AREA. THAT'S ONLY BECAUSE OF THE WIDTH OF THE GREENERY THAT'S IN THAT LOCATION THE GRASS.

NOT TO MENTION, THERE IS A RETAINING WALL IN THIS AREA A ALSO. THAT IS ANOTHER ITEM THAT THE APPLICANT IS ASKING FOR SOME RELIEF ON.

WE DID SEND 18 LETTERS OUT TO PROPERTY OWNERS ONE 200 FEET.

STAFF DID RECEIVE ONE LETTER IN OPPOSITION WITHIN THE 200-FOOT AREA. SO WITH THAT, STAFF DOES RECOMMEND APPROVAL OF THE REZONE REQUEST WITH THESE PARTICULAR CONDITIONS. I WILL JUST SUMMARIZE THAT REAL QUICK. SIDEWALKS CONSTRUCTED ALONG THE PUBLIC RIGHT-OF-WAYS, DECELERATION LANE ALONG THE TWO FRONT ENTRANCES, TWO FRONT DRIVES BEFORE THE RAMP, LEFT TURN LANE OFF OF OLD HIGHWAY 67, AND THEN 4 AND 5 GO HAND IN HAND, WE WOULD PREFER TO SEE THE MILL DRIVE COMPLETELY REMOVED JUST TO AVOID ANY TYPE OF OPPORTUNITY IN THE FUTURE FOR TRACTOR-TRAILERS TO TRY TO EXIT FROM THAT LOCATION.

[03:05:02]

OR THEY PROVIDE SOME SORT OF PLAN TO THE CITY SHOWING THAT THAT DRIVE IS PULL FAR ENOUGH WAY THAT NO TRACTOR-TRAILER IS GOING TO TRY AND GO THROUGH THAT AREA TO TRY TO EXIT.

AGAIN, OUR CONCERN WITH IS THAT IS THAT IT IS SO CLOSE TO THE RAMP. TRACTOR-TRAILERS HAVE A LONGER TIME TRYING TO ACCELERATE. WE SEE THAT AS A SAFETY ISSUE.

THEY HAVE OTHER EXITS THAT THEY ARE ABSOLUTELY TRY TO PULL THE TRACTOR-TRAILERS OUT OF. SOUTH END.

THEY HAVE ONE OFF OF SHILOH. THESE ARE AREAS THAT THE TRACTOR-TRAILERS CAN STILL BE ABLE TO GO NORTHBOUND ON 67 OR SOUTHBOUND ON 67. SO I WILL CONTINUE TO STAND FOR

QUESTIONS AT THIS TIME. >> THINK QUESTIONS FOR STAFF?

>> SO I'M ASSUMING THAT THE -- I'M JUST LOOKING AT THE PICTURE.

I'M GOING TO CALL THAT THE WEST END, EVEN THOUGH THAT IS NOT

RIGHT. >> I GOTCH'YA.

>> THIS IS NO NORTH ACTUALLY. ON THE WEST END OF THIS PICTURE, I'M ASSUMING THAT THAT DRIVE ON THE WESTERN END OF THAT BUILDING CANNOT EXTEND OUT TO THE SERVICE ROAD DUE TO SOME DOT REG BECAUSE THERE'S A STOP SIGN TOO CLOSE TO THAT ENTERING?

>> I WILL LET THE APPLICANT SPEAK ON THIS.

I BELIEVE TXDOT IS OKAY WITH THIS DRIVE LOCATION WHERE MY

POINTER IS RIGHT NOW. >> COME ON DOWN, GO TO THE WEST.

RIGHT THERE. WHY DIDN'T THAT COME STRAIGHT UP JUST LIKE THE OTHER END? IT WOULD MAKE PERFECT SENSE.

>> IT IS TOO CLOSE. TOO CLOSE TO THE INTERSECTION OF SHY LSHILOH ROAD. THERE IS A DISTANCE REQUIREMENT

TXDOT HAS. >> AND WHAT ABOUT THE DRAINAGE? IS THE DRAINAGE STILL COMING ON TO THE BACK? I WILL LET THE APPLICANT SPEAK ON THAT ONE.

>> VERY GOOD, THANK YOU. >> SIR.

>> SO YOU ARE OKAY WITHOUT THE TREES, STAFF IS OKAY WITHOUT THE

TREES? >> IN PARTICULAR CASE, KNOWING THAT THE RETAINING WALL IS THERE AND THAT, YOU KNOW, KEEP IN MIND, THIS AREA IS GOING TO BE SUNK DOWN SOMEWHAT.

YOU HAVE 15-FOOT RETAINING WALL ON THIS SIDE, 8-FOOT IN THIS AREA. THIS DO HAVE TWO ROWS OF TREES NOT NEEDED. YOU ARE ESSENTIALLY TAKING THE TREES THAT WERE HERE AND THROWING THEM IN THIS LOCATION.

I THINK MANEUVERING THE TREES AROUND IS STILL SOMETHING THAT'S ACCEPTABLE TO STAFF, AS LONG AS WE GET THE RIGHT NUMBER OF

TREES. >> MY OTHER -- I'M SORRY, YOU GO AHEAD. MY OTHER QUICK QUESTION WOULD BE, ON THE MIDDLE DRIVE, THE WAY IT SS OVER AND AROUND, REFRESH MY MEMORY, HOW MANY 18 WHEELERS DO THEY EXPECTED TO SEE IN AND

OUT OF THIS FACILITY A DAY? >> 1 135 APPROXIMATELY.

>> AND 18-WHEELER ON MYSELF, THEY ARE GOING TO TRY TO GO OUT THAT WAY. I CAN IMAGINE WHERE THEY ARE DOING A U-TURN ON THE SERVICE ROAD, YOU HAVE GOT -- I DON'T SEE HOW THIS CENTER LANE IS GOING TO WORK AT ALL.

THEN WHAT I'M CONCERNED ABOUT, HAVING DRIVERS MYSELF, WONDERFUL PEOPLE, BUT I'M CONCERNED THAT -- WELL, I GUESS IT IS NOT -- THEY ARE GOING TO TRY TO -- BECAUSE REALLY TRULY ONLY LEAVES ONE EXIT POINT FOR BIG TRUCKS FOR THE WHOLE FACILITY.

IN REALITY -- I THINK THERE IS TWO, SIR.

>> SECOND ONE ON THE FAR, FAR SIDE.

>> I MEAN, IF WE ELIMINATED THE MIDDLE ROW, I REALIZE TWO OTHER ENTRANCES BUT IT WOULD PUT ALL THE TRUCK TRAFFIC OUT THAT ONE

LOCATION WHICH I DON'T -- >> YES, SIR, OR THEY COME DOWN

SHILOH ROAD. >> I SEE, OKAY, THEY CAN COME BAG AROUND THERE. I APOLOGIZE.

>> WHICH WE PREFER THAT ONLY BECAUSE THAT'S A -- THAT WILL BE A CONTROLLED INTERSECTION. THEY CAN GO NORTHBOUND OR CONTINUE SOUTH AND BY THE TIME THEY HAVE A LONGER DISTANCE TO GET UP TO SPEED BY THE TIME THEY GET ON TO 67.

WE DON'T HAVE ANY SAFETY CONCERNS ABOUT THAT.

>> IFER EXITING, ESPECIALLY COMING FROM DALLAS, THEY WILL BE MORE PRONE TO USE THE BACK ENTRANCE ALMOST AS A SLIP STREET TO WHERE THE SERVICE ROAD ISN'T DEALING WITH THE TRAFFIC.

[03:10:04]

THEY WILL BE PRONE NOT TO COME ALL THE WAY DOWN TO THE END AND TURN IN. THAT'S BEEN HELPFUL.

THANK YOU. >> YES, SIR.

>> ANY MORE QUESTIONS FOR STAFF? WOULD THE APPLICANT LIKE TO

SPEAK. >> GOOD EVENING, TONY CRENE WITH ABC ADVISERS. CAN WE PULL UP OUR PRESENTATION,

PLEASE. >> WE WILL TAKE A FIVE-MINUTE BREAK. WE WILL READJOURN

>> THE TIME IS 8:18, WE WILL RESUME.

>> THANK YOU, AGAIN, TONY CRENE. I'M HERE ON BEHALF OF THE OWNER DEVELOPER KBC. SO WE HAVE ALREADY LOOKED AT THE SITE PLAN. THE GOAL HERE IS REALLY TO ADDRESS THE FIVE OUTSTANDING CONDITIONS THAT ARE HERE AND SORT OF OUR POSITION ON THESE. BUT FIRST WANT TO MENTION THAT WHEN WE CAME A COUPLE MONTHS AGO, THERE WAS MINE CONDITIONS NINE CONDITIONS.WE HAVE ELIMINAF THOSE.

WE STILL HAVE FOUR LEFT HERE THAT WE WANT TO TALK ABOUT.

THE FIRST ONE HERE ON THE SIDEWALKS, AS MARCOS MENTIONED, WE DID INCLUDE THE INCLUDE THE SIDEWALK ALONG SHILOH ROAD.

WITH PHYSICAL CONSTRAINTS WE ARE NOT ABLE TO ADD SIDEWALKS IN SOME AREAS. DUE TO THE LACK OF CONNECTIVITY THERE, WE ARE REQUESTING NOT TO ADD THOSE THERE.

AND THEN ON THE FRONTAGE OF 67, WE JUST DID NOT FEEL IT WAS SAFE TO ADD SIDEWALKS AND PUT PEOPLE RIGHT ALONGSIDE OF TRAFFIC GOING 60, 70, EVEN 80 MILES AN HOUR CROSSING THE FOUR DRIVES THAT WE HAVE PROPOSED HERE AT THIS PROJECT.

WHAT WE DID DO, RECEIVED FEEDBACK FROM STAFF, ONE OF THE REASONS FOR SIDEWALKS WAS FOR TRUCKERS TO WALK THEIR DOGS.

WE DID ADD TWO AMENITY AREA. FLAT GRASS WITH PICNIC TABLES, WHATEVER THEY WANT FOR THE WORKERS OR TRUCK DRIVERS.

THAT IS SOMETHING WE PROPOSED IN LIEU OF NOT FULLY ENCLOSING THE SITE WITH SIDEWALKS. THE SECOND CONDITION IS THE DECELERATION LANE ON BOTH ENTRANCES NORTH OF THE SOUTHBOUND ON-RAMP. THE SOUTH ENTRANCE, THAT DOES

[03:15:09]

INCLUDE A DECEL LANE. THE NORTH DRIVE HERE IS FOR AUTOMOBILES ONLY. IT IS LESS THAN 500 FEET.

ONE OF THE LAST CONDITIONS, ADDING A FULL FOUR-WAY STOP.

CARS FROM A STAND STILL, THEN TRAVELING SOUTH TO THIS INTERSECTION. SO WE FELT GIVEN THE SLOW SPEED OF THESE AUTOS THAT WILL BE TURNING IN, THAT DECEL IS NOT WARRANTED. ON TOP OF THAT, THE TIA DID NOT CALL FOR DECEL LANE SHOWING 8 VEHICLES PER HOUR.

THE THRESHOLD IS 50 VEHICLES PER HOUR.

FOUR TIMES WHAT THE PROJECT IS PROJECTED TO HAVE.

NO. 3, ALONG OLD HIGH 67 TO HIGHWAY 67, TADID NOT RECOMMENDE WOULD BE NEEDED OFF OF TAYMAN. WE THOUGHT THERE WAS LACK OF SAFE WAY TO ADD THE TURN LANE. WE ARE TRYING TO KEEP OFF TRAFFIC COMING OFF THE FRONTAGE ROAD AND NOT ENCOURAGE TRAFFIC TO ENTER OFF TAYMAN DRIVE. IN THE FOURTH AND BIGGEST CONDITION THAT WE SPENT A LOT OF TIME ON COUPLE MONTHS AGO IS THE CENTER TURN LANE. WE FEEL THIS IS A VERY IMPORTANT PIECE OF THIS PROJECT. IT IS CRITICAL OPERATIONALLY FOR THE TRUCKS TO BE ABLE TO ENTER BETWEEN THE BUILDINGS OFF OF 67.

HOWEVER, WE DO UNDERSTAND THE SAFETY CONCERNS WITH THE TRUCKS TRYING TO EXIT AND TAKE A RIGHT ON TO THE SERVICE ROAD.

SO WHAT WE HAVE SPENT A LOT OF TIME WITH OUR ENGINEERS AND CITY STAFF COMING UP WITH A PLAN WHICH WE THINK WILL DETER THOSE TRUCKS FROM TAKING A RIGHT. I DO UNDERSTAND TRUCKS DRIVERS CAN BE BOLD. FORGE THEIR OWN PATH.

I SPENT 20 YEARS MASTER PLANNING INDUSTRIAL IN FORT WORTH.

I SAW SOME OF THE THINGS TRUCKS ARE CAPABLE OF.

WE TRIED TO PUT A LOT OF THOUGHT INTO DESIGNING THIS ENTRANCE.

THROUGH GRADING, CURBING, SIGN SIGNAGE, AND WIDTH.

WE BELIEVE IT WILL BE DIFFICULT FOR TRUCKS TO EXIT.

THIS DIMENSION PLAN SHOWS THE GRASS MEDIAN, 12 FEET WIDE BETWEEN THE ENTRANCE AND THE FRONTAGE ROAD.

NOT LIKE THE TRUCK CAN COME HERE AND DO A QUICK U-TURN.

THEY WOULD HAVE TO DRIVE BACK AND NORTH.

THAT WOULD BE A VERY DIFFICULT THING TO DO, AT LEAST IN MY OPINION, EVEN IF YOU ARE DRIVING AN 18-WHEELER.

THE ELEVATION CHANGES ABOUT THREE FEET FROM THIS CURVE TO THE CURB OF THE FRONTAGE ROAD. A NUMBER OF SIGNS, DO NOT ENTER, STOP, I WILL SHOW YOU SOME DETAIL.

THIS IS A PERSPECTIVE LOOKING TO THE NORTH.

YOU CAN SEE REALLY HAVE MARKINGS ON THE PAVEMENT SHOWING ARROWS IN. DO NOT ENTER SIGN HERE.

THIS IS CHANGE IN ELEVATION. A TRUCK WOULD HAVE TO JUP MANY JUMP THECURB AND DRIVE UPHILL. ANYTHING IS POSSIBLE, BUT I THINK WITH THE LANDING GEAR ON THE BACK OF THE 18-WHEELER, THAT WILL GET CAUGHT IN THE GRASS AND TRUCK IS GOING TO GET STUCK.

IT IS PHYSICALLY NOT IMPOSSIBLE TO COME OUT OF THIS DRIVE AND DRIVE UP THE HILL AND TAKE A RIGHT.

HERE'S IS SOUTHBOUND, WHERE THE RAMP IS LOCATED.

IT IS MORE THAN THE REQUIRED DISTANCE FROM TXDOT.

THIS WOULD BE ALLOWED. HIEWFER, OPERATIONALLY SAFETY WISE, WE UNDERSTAND. SO WHEN WE WERE HERE 60 DAYS AGO, WE HAVE SCALED IT BACK TO ONLY BE INGRESS.

THIS IS THE PERSPECTIVE OF A C CAR, YOU CAN'T SEE THE ROAD FROM THIS POINT. TWO SIGNS PLUS PAVEMENT MARKINGS COMING IN. THIS WOULD BE A PRETTY STRONG DETERRENT TO TAKE THE RIGHT. THERE'S ENTRY POINTS FOR CARS THEY CAN USE. THIS IS A PERSPECTIVE ON THE

[03:20:01]

GROUND FROM THE CAR. YOU CAN SEE THE GRADING.

THE WAY THE SITE SITS TODAY, DRIVING RANGE LOW INTO THE SITE.

WE ARE NOT GOING TO BRING ENOUGH, WE WILL DEVELOP IT DOWN IN THE LOWER AREA. IT WILL HAVE A NATURAL GRADE TO THE SERVICE ROAD. A REALLY DIFFICULT MOVEMENT TO TRY TO LEAVE THE SITE VIA THIS ONE WAY IN ENTRY POINT.

THIS IS LOOKING SOUTH. JUST A COUPLE BENEFITS.

THIS PROJECT WILL BE BUILT ON SEPTIC SYSTEM.

WE HAD TO DESIGN IT FOR A CERTAIN NUMBER OF PEOPLE.

WE THINK WE OVERENGINEERED. WE HAVE IT UP TO 700 EMPLOYEES.

BUT THE SYSTEM DESIGNED FOR THAT NUMBER OF PEOPLE WE COULD DO WE CAN CREATE UP TO 700 NEW JOBS.

THE SITE IS LOCATED IN THE INDUSTRIAL MODULE, FUTURE LAND USE PLAN, IT IS CONSISTENT WITH THE SURROUNDINGS.

LIGHT INDUSTRIAL ZONING HAS SAME GUIDELINES AND PROFESSIONAL, COMMERCIAL. THE AESTHETICS WILL BE CONSISTENT. FROM THE MARKET ACTIVITY STABBED POINT, THERE'S SOMETIMES CONCERN ABOUT BUILDING SPECULATIVE WAREHOUSES THAT SIT EMPTY. THE MARKET IS VERY, VERY HOT RIGHT NOW. A TON OF MOMENTUM GIVEN THE SUPPLY CHAIN CONSTRAINTS. LAST YEAR THE ABSORPTION OF DFW WAS TWICE THE NUMBER OF DELIVERIES.

SPECULATIVE BUILDING IS THE WAY TO GO TO ATTRACT NEW BASES, SPEED TO MARKET IS KEY. VERSUS HAVING TO WAIT 18, 24 MONTHS TO GET A NEW BUILDING BUILT.

ON TOP OF THAT, ALMOST 70 OF ALL SPACE DELIVERED LAST YEAR WAS LEASED BEFORE YEAR END. GOOD MEMBERUM IN THE MARKET. MO.

AND THEN THE DIRECT INVOLVEMENT BY KBC, WE ARE NOT ONLY THE DEVELOPER AND OWNER BUT WE ARE THE LEASING AGENT.

I SPENT A NUMBER OF YEARS AT ALLIANCE TEXAS.

HAVING THE FOCUS ON THE PROJECTS DIFFERENTIATES US FROM A MERCHANT BUILDER. WE ARE A HANDS ON OWNER, HANDS ON DEVELOPER SEEING IT THROUGH TO COMPLETION.

THANK YOU VERY MUCH GROWR TIME. FOR YOUR TIME. I'M HERE FOR QUESTIONS.

>> QUESTIONS FOR THE APPLICANT. >> LET'S TALK DO DRAINAGE.

WHAT CAN YOU TELL ME WHAT DRAINAGE YOU ARE RUNNING.

>> MY NAME IS PATRICK HOGAN. YES, SO THE MAJORITY OF THE DRAINAGE WILL BE GOING PLANNED SOUTH HERE.

YOU CAN SEE THIS BLUE DETENTION AREA.

THERE ARE TWO 36-INCH CULVERTS THAT RUN UNDERNEATH OLD HIGHWAY ROAD RIGHT AROUND WHERE THAT OLD HIGHWAY 67 LABEL IS.

TEXAS LAW, WHAT WE HAVE TO DO IS MAINTAIN DRAINAGE CONDITIONS.

YOU SEE LARGE FEEL OUT THERE. YOU WILL SAY, THERE'S A WHOLE BUNCH OF PAVEMENT. THAT'S DETENTION FACILITY MEANT TO HOLD BACK THE DIFFERENCE BETWEEN THE EXISTING CONDITIONS AND THE PROPOSED PAVEMENT. SO THEN RELEASE AT THE SAME RATE THAT IT WOULD BE TODAY. THERE IS SOME DRAINAGE THAT WILL GO TO THE TXDOT RIGHT-OF-WAY. WE ARE MAINTAINING EXISTING DRAINAGE CONDITIONS. SENDING THE SAME AMOUNT OF AREA TO THE SAME FACILITY. WE DO THAT ACROSS THE ENTIRE SITE. EVERY SITE WE DO.

WE WORK WITH ENGINEERING STAFF TO MAKE SURE THE RETENTION IS PER THEIR STANDARDS, TO MIDLOTHIAN STANDARDS.

SO ANY OTHER QUESTIONS ON THAT? >> SO WHAT PERCENTAGE OF YOUR WATER PLO FLOW IS HEADING -- ASE WILL SAY SOUTH AND NORTH, WHAT'S GOING TO THE HIGHWAY AND WHAT'S COMING BACK TO OLD HIGHWAY 67?

PERCENTAGE-WISE? >> SO RIGHT NOW I WOULD THINK IT

[03:25:04]

IS ABOUT 80/20. >> SO WHAT KIND OF VOLUME OF WATER. IS THERE A FLOODPLAIN, 100 YEARS, U 200 YEAR. I'M REALLY FAMILIAR WITH THIS AREA. I USED TO LEASE PROPERTY JUST TO THE SOUTH OF THIS. AND THAT PROPERTY HAD THAT CREEK RUNNING THROUGH IT WHICH YOU ARE GOING TO BE DUMPING ALL YOUR WATER IN. SO I'M REALLY FAMILIAR, HOW QUICKLY THAT THING GETS OUT OF HAND.

THAT MEANDERS AROUND. I'M HAVING A TOUGH TIME GRASPING, ARE YOU FOLKS PLANNING ON DOING ANYTHING WITH THESE OLD CULVERTS THAT ARE RUNNING UNDER OLD HIGHWAY 67? ARE THOSE OLD CULVERTS FULLY EXPOSED AS FAR AS FULL USAGE? NO BUILDUP. THEY ARE NOT HALF FULL OF SILT OR ANYTHING. DO YOU HAVE TO ADD ANYTHING ADDITIONAL CULVERTS? THIS HAS PRETTY MUCH BEEN RAW LAND AND WE BOTH KNOW THAT ON THE EAST END THAT'S KIND OF A LOW SPOT ANYWAY. THERE'S A LOT OF WATER FIXING TO

HIT THE BACK OF THAT THING. >> SURE, UNDERSTOOD.

SO IF YOU ARE JUST SAYING, WELL, YOU KNOW, IT IS GOING TO HIT 36-INCH CULVERTS AND EVERYBODY IS GOING TO BE HAPPY, I'M HAVING

A HARD TIME BUYING THAT. >> AGAIN, SO THAT'S WHAT THE DETENTION FACILITY IS MEANT TO DO.

>> THAT'S WHAT I'M TRYING TO GET AT.

FLFLOOD YEARS, WHATEVER, HELP ME UNDERSTAND THIS IS GOING TO HANDLE 99% OF ANY WATER THAT COULD HIT THAT AREA? IT IS GOING TO BE DRYER ON THAT CREEK, WHAT'S GOING TO HAPPEN?

>> SURE, SO, MOST DETENTION FACILITIES ARE BUILT FOR THE HUNDRED YEARS EVENT, TO HOLD BACK WHATEVER THE RELEASE RATE IS FOR 100 YEAR STORM EVENT. THAT IS WHAT THE ENTIRE DETENTION POND IS SIZED FOR. THEN WE WILL BUILD AN OUT FLOW STRUCTURE. I CAN'T REMEMBER THE TOP OF MY HEAD WHAT -- THERE'S CERTAIN VENTS THAT TYPICALLY, YOU WILL CREATE THIS TIERED STRUCTURE THAT WILL WHO WILL BACK 5, 25 YEAR, THAT WAY YOU ARE NOT CONCENTRATING ON 100 YEAR EVENT, YOU ARE LOOKING AT LESSER EVENTS AS WELL.

THOSE SOMETIMES CAN CAUSE ISSUES.

SO WE ARE GOING TO WORK WITH STAFF TO MAKE SURE THAT IS UP TO STANDARDS. WE WILL DO AN EVALUATION ON THE CULVERT TO SEE IF IT NEEDS TO BE TAKEN OUT.

THAT CULVERT IS WHAT SETS THE CAPACITY -- THE CAPACITY OF THAT CULVERT SETS WHAT WE CAN RELEASE TO IT.

IF SAY THE AMOUNT OF WATER TO THE CULVERT, IF THOSE TWO EXISTING CULVERTS CAN'T DO THAT, WE EITHER HAVE TO IMPROVE THOSE TO RELEASE MORE OR WE HAVE TO DETAIN MORE.

>> WHEN WOULD YOU BE DOING THIS? AFTER YOU SEE THERE IS A

PROBLEM? >> NO, DURING DESIGN.

>> PREDESIGN AND ENGINEER. >> DURING THE DESIGN PHASE.

>> WHAT I DO KNOW IS BECAUSE THE PROPERTY THAT I LEASED TO THE SOUTH OF THIS, I HAD TWO FOUR-FOOT DIAMETER CULVERTS SIDE BY SIDE. ROCK ON TOP OF THAT.

IT GOT WASHED OUT THREE TIMES OVER FOUR-YEAR PERIOD.

I CAN ALREADY TELL YOU THAT THE FLOODING THAT I HAVE SEEN DOWN THERE, IT IS KIND OF FLASHY AT TIMES.

>> RIGHT. >> THE CULVERTS THAT ARE THERE WEREN'T EVEN HANDLING IT. I'M HAVING A HARD TIME GETTING IT, THAT ALL OF THIS CONCRETE AND ROOFTOPS FIXING TO DUMP ALL THAT RIGHT THERE, IS JUST GOING TO FLOW -- THIS IS A PRETTY

MASSIVE AMOUNT OF WATER. >> SURE.

>> AND I GUESS THE BEST WAY I CAN DESCRIBE IT IS LIKE -- STOP ME IF I GETS TOO, BUT IT IS LIKE COMPARED TO A BATHTUB.

SO -- >> I GET YOU -- I'M FOLLOWING

YOU. >> THERE'S MORE WATER BEING CAPTURED ON SITE BECAUSE OF THE PAYMENT.

AND SO WHEN WE SEND THAT TO A DETENTION IF A SIT, THE WATER BUILDS UP. THE RELEASE RATE REMAINS THE

SAME. >> DO YOU FEEL THIS IS GOING TO PRODUCE THE CREEK TO BE EVEN SAFER?

>> IT WILL -- I BELIEVE THE TEXAS LAW IS DO NO HARM DOWNSTREAM. WE CANNOT MAKE THE SITUATION ANY

WORSE THAN WHAT IT IS. >> YOU DON'T DEAL WITH THE

[03:30:04]

CENTER DRIVE. >> I CAN SP SPEAK TO IT.

>> THAT WOULD BE MORE TO THE DEVELOPER.

IT IS NOT A TECHNICAL QUESTION. THANK YOU FOR YOUR ANSWERS.

>> SO I'M KIND OF THINKING OF THE WALMART HERE.

YOU MIGHT KNOW OUR WALMART. IT HAS A S IN THE FRONT PART OF IT. IT HAS BIG BOULDERS.

LIKE THREE FOOT TALL, WEIGH A COUPLE OF TONS EACH.

WHEN YOU DRIVE THROUGH THERE, THESE BOULDERS ARE ALL SCRASHEDD UP. THE BOULDERS ARE LAYING IN THE ROAD EVERY NOW AND THEN. YOU CAN'T FIGURE OUT WHY.

BECAUSE TRUCKS ARE DRIVING THROUGH THERE.

THERE ARE SIGNS UP THAT SAY NO TRUCKS.

THEY HAVE EVEN MADE THIS BIG S. LITERALLY IMPOSSIBLE THAT IT COULD ONLY BE FOR CARS, BUT THE TRUCKS ARE DRAGGING THE BOULDERS INTO THE ROAD BECAUSE THEY ARE GETTING STUCK UNDER THE REAR WHEELS WHEN THEY ARE TRYING TO DRIVE THROUGH THERE.

I OWN A COUPLE OF TRUCKS MYSELF. AND MY TRUCK DRIVERS DO SOME THINGS THAT MAKE ME REALLY SCRATCH MY HEAD.

TRUCKS WILL, WITHOUT DOUBT, DRIVE THROUGH THAT AREA.

THEY ARE GOING TO DRIVE THROUGH THE GRASS, SWING RIGHT.

THEY ARE NOT GOING TO CLIMB THAT HILL YOU ARE TALKING ABOUT.

YOU ARE RIGHT. MAYBE YOU CAN -- I HAVE GOT A FEELING IF YOU PUT IN THREE SETS OF ONE-WAY SPIKES, THEY ARE GOING TO DRIVE THROUGH THE GRASS.

I HAVE SEEN IT ALL. THE CENTER DRIVE IS WHERE I'M HAVING A BIG ISSUE. I'M VERY CONCERNED ABOUT -- I DON'T KNOW ABOUT THIS WATER FLOW.

I'M HAVING A TOUGH TIME WITH THAT.

I DO UNDERSTAND HOW CONTAINMENT PONDS WORK.

I HAVE TO HOPE AND PRAY THAT THIS IS ENGINEERED PROPERLY.

I'M ASSUMING THERE'S SOME PROPERTY OT OWNERS HERE SPEAKIN.

IS THE CENTER DRIVE, THE WHOLE APPLICATION DOESN'T WORK IF IT

DOESN'T HAVE A CENTER DRIVE. >> THE EFFORT TO KEEP TRUCKS ENTERING OFF 67, IT IS CRITICAL. BEING IN THE TRUCK BUSINESS, TRUCKS BACK UP, LEFT MIRROR. FOR THE SOUTHERN BUILDINGS, THEY CAN COME IN AND BACK UP. MORE DOCKS ON THE SOUTHERN THAN NORTHERN BUILDING. IT IS DIFFICULT TO COME OFF THE SOUTHERN DRIVE AND ENTER IN THAT WAY.

I WILL TELL YOU THAT WE ARE TRYING TO LEVERAGE THE ELEVATION

OF THE SITE. >> AND THIS WALMART GOES LIKE THAT. SO THIS IS LIKE FIVE TIMES MORE OF A GRADE THAN YOU ARE EVEN PROPOSING.

SO I'M WITH YOU. GREAT THOUGHTS.

>> WHAT I WAS AT ALLIANCE, WE HAD BOULDERS.

ETHE BOULDERS WOULD GET KNOCKED OVER.

WE FOCUSED ON THE GRADE. A DOWN RAMP TO MAXIMIZE THE GRADE. THAT WILL GET THE TRUCKS HAND UP. I HAVE TO THINK THE LANDING GEAR IS GOING TO GET CAUGHT GOING UP THE HILL.

IT WILL BE THE LAST TIME THEY DO IT.

OUR HOPE. >> AFTER YOU GET THEM OUT.

>> WE ARE OPEN TO ANY MORE RECOMMENDATIONS.

BUT WE WOULDN'T HAVE COME BACK A SECOND TIME WITH THAT CENTER DRIVE IF IT WASN'T THAT IMPORTANT TO US.

>> THANK YOU. >> ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU.

>> HAVE A PARTICIPATION FORM FROM SANDRA PUTACELLI IS IN OPPOSITION. WE HAVE A COUPLE MORE SPEAKERS.

TRISHA MELTON, OR TRISH, SORRY. PLEASE STATE YOUR NAME.

>> TRISH MEL MELTON, MIDLOTHIAN. HE SAID ALL THE THINGS I WAS CONCERNED ABOUT, THE DRAINAGE. I HAVE MANAGED CON ACRES FOR 30 YEARS NOW. WE DO HAVE -- WE GET FLOODED DOWN THERE AND THAT'S OUR MAIN CONCERN.

ALSO, THE TENANTS THAT ARE THERE, THEY ARE OLDER PEOPLE, YOU KNOW, AND I FEEL LIKE THIS IS THE ONLY PART OF -- IT IS COUNTRY TO THEM. NOW WE ARE GOING TO LOOK AT A

[03:35:02]

BACK OF A BUILDING. ALL I'M ASKING IS DON'T TAKE THAT AWAY FROM THEM. THEY CAN'T AFFORD TO MOVE THEIR HOMES AND SO I AM WORRIED ABOUT THE DRAINAGE, THE TRAFFIC.

WE ALREADY DEAL WITH THE TRUCKING COMPANY NEXT DOOR.

THE TRUCKS THAT ARE OVER BY THE GAS STATION, THAT PARK THERE.

WE HAVE SCHOOL BUSES THAT -- IT IS GOING TO BE A MESS.

SO THAT'S MY MAIN CONCERN. THAT'S ALL I'M ASKING, DON'T

TAKE IT AWAY FROM THEM. >> THANK YOU.

>> THANK YOU. >> DANNY MELTON?

>> SO MY -- I'M CONCERNED, TOO, THE DRAINAGE IS A BIG ISSUE.

WITH THAT GOLF DRIVING RANGE THERE, IT ALREADY FLOODS.

I GET THEY ARE GOING TO DO RETAINING POND AND ALL THAT STUFF. HE STILL COULDN'T ANSWER THE QUESTION, HE COULD MAKE IT WORSE.

COULDN'T MAKING ITWORSE. WITH THE BUILDINGS, HOW IS THAT NOT MAKING IT WORSE. THEY CAN RELEASE AT CERTAIN LEVELS. IF THEY ARE NOT RELEASING IT FAST ENOUGH, IT IS GOING TO FLOW OVER.

IS THAT AN EXS EXIT OR ENTRANCEN THERE? I WORK -- I DID 21 YEARS IN THE NAVY, NOW I WORK WITH JP HUNT.

I KNOW HOW SLOW THE TRUCKS ARE. YOU WILL CAUSE A HUGE TRAFFIC JAM, WITH THE TRUCKS COMING IN. LIKE MY WIFE SAID, SCHOOL BUSES, PEOPLE LIVING IN OUR CON ACRES. YOU HAVE THOSE BUSINESSES UP THERE, TOO, THAT ALREADY HAVE TRAFFIC.

YOU WILL CAUSE A HUGE TRAFFIC JAM.

I DON'T KNOW WHAT THE PLAN FOR THAT IS, TOO.

THAT THAT'S THE REASON I'M OPPOSED TO IT.

THANK YOU FOR YOUR TIME. >> THANK YOU.

ANYONE ELSE WISH TO SPEAK WHO HASN'T SPOKEN YET OR SIGNED UP? SEEING NONE. MAKE A MOTION TO CLOSE THE

PUBLIC HEARINGS. >> MAKE A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> ALL FOR CLOSING THE PUBLIC HEARING, SAY YAY.

OPPOSED. MOTION PASSES.

ANY MORE QUESTIONS FOR STAFF? >> THE ONLY QUESTION I WOULD HAVE IS WHAT WHAT APPLICATIONS OF GUARANTY DO WE HAVE AS A CITY THAT THE -- BY APPROVING THIS FACILITY, AND IT WOULD BE PLENTY EASY ENOUGH FOR THEM WHILE THEY ARE DOING ALL THE CONSTRUCTION, TO MORE OR LESS ENSURE IN SOME WAY THAT THE FLOODING WAS GOING TO BE NOT AS BAD. THERE'S GOT TO BE -- I DON'T KNOW ENOUGH TO KNOW. IN ORDER TO APPROVE THIS MUCH CONCRETE AND BUILDING, AND THIS WATER HAS TO GO SOMEWHERE, I JUST KNOW TOO MUCH OF WHAT'S TO THE SOUTH OF THAT, ARE YOU AS A STAFF CONFIDENT THAT WHEN THEY GET DONE, THESE FOLKS TO THE SOUTH ARE GOING TO, OVER THE NEXT 10 TO 15 YEARS, GO, IT IS WAY BETTER NOW? ARE YOU CONFIDENT IN THAT?

>> THAT'S REALLY WHERE THE CIVIL SIDE COMES INTO PLAY.

THAT'S WHERE MIKE AND SCOTT, OUR ENGINEERS, THEY HAVE TO LOOK AT ALL OF THIS AND IT HAS TO PASS -- YOU WERE SAYING IT EARLIER, STATE LAW OUT THERE THAT THESE FOLKS MUST ABIDE BY.

>> I'M AWARE. >> I UNDERSTAND IT IS JUST -- IT IS CALCULATIONS AND IT IS ALL ON PAPER.

>> WE HAVE HAD OTHER PLACES IN OUR CITY THAT THEY GOT FLOODED.

EVEN NEW SUBDIVISIONS CAUSES FLOODING ON OLD SUBDIVISIONS THAT WE JUST SAID, HMM, WE DIDN'T THINK ABOUT THAT.

SO THAT'S MY -- ONE OF MY BIGGEST WORRIES.

MY SECOND IS, AND I MIGHT HAVE MISSED THIS IN THE PRESENTATION, THE OLD HIGHWAY 67 FROM THE FOUR WAY, ALL THE WAY DOWN TO THEIR ENTRANCE, THAT WILL ALL BE IMPROVED, CORRECT?

>> THAT IS CORRECT. OUR ENGINEER MADE A RECOMMENDATION, THE DRC IN GENERAL MADE THE RECOMMENDATION.

THIS WHOLE AREA DOES NEED TO BE IMPROVED.

ON TOP OF THAT, OUR REQUIREMENT IS THAT EVEN IF THEY HAVE TO WIDEN THIS AREA, THAT'S FINE. WE WANT A LEFT TURN LANE ALSO.

SO THAT TRAFFIC CAN CONTINUE TO FLOW AND NOT GET STOPPED.

[03:40:03]

AGAIN, I DON'T KNOW HOW MANY TRUCKS.

HOW THIS IS GOING TO BACK UP. I UNDERSTAND THEY HAVE DONE TRAFFIC AND ALNALSIS AND TRAFFIC STUDIES THAT SAY THIS HE WILL HAVE SO MANY TRIPS. THESE ARE PROFESSIONAL JUDGMENTS AND I DON'T KNOW IF THIS IS ULTIMATELY GOING TO BECOME A FULFILLMENT CENTER. 18 WHEELERS.

WE DON'T HONESTLY SNOW. SO I THINK FULFILLMENT CENTER WORK ON A DIFFERENT LEVEL OF TRAFFIC AS OPPOSED TO 18 WHEELERS. OR MORE DISTRIBUTION CENTERS.

AT THE END OF THE DAY, LAST THING WE WANT TO DO IS SEE ANY BACKUP ON SHILOH ROAD. THAT'S WHERE THE LEFT TURN LANE

IS COMING INTO PLACE. >> WE ARE REQUESTING A TURN LANR WORDS, ON THAT ENTRANCE ONLY, CORRECT?

>> ABSOLUTELY. AGAIN, THE ONLY REASON -- .

>> SO CLOSE TO THE STOP SIGN. >> TRUE.

AGAIN, I DON'T KNOW HOW MUCH TRAFFIC IS ULTIMATELY GOING TO RUN THROUGH THIS AREA. AGAIN, THEY HAVE THEIR TRAVELING COUNT NUMBERS THAT THEY COME UP WITH.

>> IT IS GOING TO BE A SECONDARY MESS.

>> YEAH. AGAIN, THAT'S WHY WE LOOK AT IT FROM, EVEN THOUGH I KNOW THE TIA MAY SAY THIS IS THE BEAR MINIMUM. THE TIAS, THE BEAR MINIMUM OF WHAT'S REQUIRED. AND I THINK FROM THE CITY'S PERSPECTIVE, FROM OUR ENGINEERING PERSPECTIVE, WE WOULD RATHER SEE SOME OF THESE SAFETY FEATURES PUT IN.

WE DON'T KNOW ULTIMATELY HOW IT IS GOING TO ULTIMATELY OPERATE IN THE FUTURE. NO DIFFERENT THAN WHEN WE WERE TALKING ABOUT THE TRUCKS EXITING HERE.

YOU CAN DO ALMOST ANYTHING HERE AND SAY IT IS NOT GOING TO HAPPEN. I CAN GUARANTY YOU, I HAVE FOUND PLACES AROUND MIDLOTHIAN WHERE I HAVE SEEN THIS HAPPEN.

PEOPLE WILL MAKE THEIR OWN EXITS.

NOT SAYING THAT IS GOING TO HAPPEN HERE.

BUT YOU GET ONE SHOT AT THIS. >> IF WE WERE TO APPROVE THIS TONIGHT. IS THIS A WHAT YOU WOULD CALL A SITE PLAN THAT WILL MORE APPROVAL LATER THAT COULD DRAW INTO THAT APPROVAL PROCESS SOME OF THESE DRAINAGE REQUESTS AND INSIGHT. OR IF WE WERE TO APPROVE THIS TONIGHT, THEN IT IS DONE AND MOVING FORWARD.

COUNCIL, OF COURSE. >> ON THE CIVIL SIDE, YEAH, THAT'S SOMETHING THAT'S WORKED OUT IN OUR ENGINEERING PRODUCT WHEN THEY SUBMIT THEIR CIVIL PLANS.

AS LONG AS THEY ARE MEETING THE REQUIREMENTS AS OWE POSITIVESSED OPPOSED BY STATELAW, THAT'S WHA. AGAIN, I MAY BE SPEAKING OUT OF TURN, BUT CAN THE DETENTION AREA BE SIZED FOR A DIFFERENT TYPE OF EVENT? I DON'T KNOW.

I DON'T KNOW IF I'M SAYING THAT RIGHT.

IT IS SIZED FOR 100. >> OR MAKE THE STATE LAW.

>> [INAUDIBLE]. >> BUT THE PROPERTY TO THE SOUTH, IF IT WERE AT A GREATER RATE, THEY WOULD HAVE A LEGAL

RECOURSE. >> YES.

[03:45:03]

>> THERE'S NO GUARANTIES. >> THERE IS A LOT OF ENGINEERING

TO GO INTO IMPROVING THIS THING. >> THANK YOU.

>> WE ARE DOING A SIMILAR PROJECT IN MANSFIELD, WHERE THE PROPERTY ACROSS THE STREET WAS HAVING SOME ISSUES AND ALL WE HAD TO DO IS MEET STATE LAW AND NOT INCREASE IT.

WE AGREED TO WORK WITH THE CITY AND WE WILL UP SIZE SOME CULVERTS UNDER A MAIN STREET AND HELP THAT PROPERTY.

SO I THINK WE HAVE COVERED THAT STATE LAW SAYS YOU CAN'T INCREASE FLOWS, WE ARE WILLING TO WORK WITH THE CITY.

IF THERE'S SOMETHING WE CAN DO, INCREMENTALLY, UP SIZING THE RETENTION PLAN, CLEANING OUT THE CULVERTS, UP SIZING THEM, DO A DOWNSTREAM ASSESSMENT WE ARE WILLING TO WORK WITH ENGINEERING TO SATISFY THESE CONCERNS. I WOULD ASK YOU TO TAKE THAT INTO CONSIDERATION WHEN YOU MAKE YOUR DECISION TONIGHT.

IT IS NOT CUT AND DRY WITH THE STATE LAW IN TERMS OF THE WAY WE

DO OUR BUSINESS. >> THANK YOU.

ANY LAST QUESTIONS FOR STAFF? >> I'M JUST CURIOUS HOW, IF WE WERE TO WORD THAT ADDITIONAL GUIDANCE, HOW THAT WORKS.

SHALL WE SARE WE STEPPING OUT O? >> WHY A WORD, YES.

>> WE CAN -- ALL RIGHT. GOTCH'YA.

>> [INAUDIBLE]. >> CAN I GET A MOTION?

>> WE HAVE CLOSED THE PUBLIC HEARING?

>> YES, SIR. >> SO I GUESS WHAT IS THIS COMMISSION FEEL ABOUT THE CENTER ENTRANCE?

>> I THINK THEY HAVE ADDRESSED OUR MAIN CONCERNS FROM 60 DAYS AGO. I DON'T THINK YOU WILL HAVE A REGULAR PROBLEM WITH TRUCKS TRYING TO EXIT OUT OF THERE.

YOU WILL HAVE OCCASIONAL PROBLEM.

I THINK THEY HAVE ADDRESSED THAT.

I'M SATISFIED WITH WHAT THEY HAVE DONE AT THAT POINT.

AS FAR AS DRAINAGE, I FEEL VERY CONFIDENT THAT MIKE AND STAFF WILL REVIEW THAT. I'M SURE THEY ARE VERY AWARE OF THE DRAINAGE ISSUES DOWN THERE. THEY ARE NOT GOING TO ALLOW SOMETHING INTENTIONAL THAT WILL DO MORE DAMAGE.

I FEEL A LOT BETTER ABOUT IT TODAY THAN I DID 60 DAYS AGO, I

WILL SAY THAT. >> I AGREE WITH MAJORITY OF THE STAFF RECOMMENDATIONS FOR THE PLANS.

ONLY ONE I CAN'T GET MY HEAD AROUND WHETHER I AM FOR OR AGAINST IS THE SIDEWALKS ALONG THE EASTERN SIDE OF THE PRO

PROPERTY. >> THE SIDEWALK -- I'M IN DPREAMENT WITHAGREEMENT WITH ALS APPROVAL REQUESTS EXCEPT FOR THAT SIDEWALK. I'M TRYING TO REMEMBER -- I JUST DON'T LOOK AT -- I GUESS THERE'S PORTIONS OF CAROLTON WHERE I HAVE SEEN SIDEWALKS ON SERVICE ROADS.

BUT NOT IN AN AREA AS -- NOT UNDEVELOPED IS NOT THE PROPER WORD. THEY ARE FIXING TO MAJORLY DEVELOP IT. IT IS NOT A DEVELOPED AREA FOR

[03:50:01]

RETAIL RESIDENTIAL FOOT TRAFFIC. IT IS NOT LIKE MA MAIN STREET.

THAT'S WHERE I'M HAVING THE ISSUES ON THE SIDEWALK .

>> AT THIS POINT RIGHT NOW, JUST BECAUSE THE COMP PLAN SAYS --

>> I KNOW WHAT -- >> WE ARE ALWAYS GOING TO TRY TO PUSH FOR THE SIDEWALKS. NOW I CAN'T SAY WITH THE GREAT SEPARATION AT WALNUT GROVE ROAD IN PLAINVIEW ON 287, THEY HAVE GOT SIDEWALKS. TXDOT IS A BIG ADVOCATE FOR SIDEWALKS NOW. I GUESS IT COMES IN WAVES SOMETIMES. SOMETIMES THEY DON'T TALK ABOUT SIDEWALKS, SOMETIMES THEY DO. YOU WILL SEE THE NEW SIDEWALKS THAT THEY PUT ALONG THAT ROADWAY, ALONG 287.

SOME AREAS, MAYBE IT DOESN'T REALLY MAKE A WHOLE LOT OF SENSE. AGAIN, I THINK FROM STAFF'S PERSPECTIVE, YOU HAVE TO START SOMEWHERE.

AND IT IS NO DIFFERENT THAN WHEN WE HAVE REQUIRED SIDEWALKS ALONG MAIN STREET. IT IS DIFFERENT.

YOU HAVE RETAIL. AGAIN, THAT'S -- WE ARE ALWAYS

GOING TO Q CALL FOUR SIDEWALKS. >> WHAT'S YOUR NO. 5 THERE?

PROVIDE PLANS. >> YEAH, SO 4 AND 5 GO TOGETHER.

4 IS REALLY SAYING, LET'S GET RID OF THE MID DRIVE AND JUST TO AVOID FUTURE OPPORTUNITY OF HAVING TO DEAL WITH THE ISSUE WITH THE TRACTOR-TRAILERS EXITING.

OR THESE FOLKS COME BACK WITH SOMETHING AGAIN.

I HADN'T WHAT THEY SHOWED YOU IN THE POWERPOINT, HADN'T BEEN PROVIDED. THIS IS THE FIRST WE JUST SAW OF THEM SHOWING THAT GRADE, THREE FOOT OFFSET.

THE RENDERING THAT THEY PROVIDED.

WE HAVEN'T SEEN THAT UNTIL TONIGHT.

>> SO DOES THAT FALL IN LINE WITH NO. 5?

IT IS CLOSER? >> YEAH, IT IS GETTING THERE.

WE WOULD WANT TO SHOW IT TO THE DRC, I WANT TO SHOW IT TO MIKE, KEVIN. I WANT TO SHOW IT TO EVERYBODY.

WE WANT TO MAYBE HAVE EVERYBODY TAKE A LOOK AT THAT FROM THE

STAFF STANDPOINT. >> OKAY.

>> MOFOR THE MOST PART I AGREE WITH WHAT STAFF IS ASKING FOR.

I CAN'T GET BEHIND THE SIDEWALKS.

THAT SEEMS SILLY. AND I THINK THEY HAVE MADE AN EFFORT FOR THAT CENTER DRIVE ENTRANCE.

I THINK THEY HAVE TRIED TO GIVE US ALL WE HAVE ASKED FOR.

THAT'S MY TWO CENTS. >> ANY OTHER COMMENTS OR QUESTIONS? I WILL MAKE A MOTION TO APPROVE WITH STAFF RECOMMENDATIONS EXCLUDING NO. 1 AND NO. 4 AND 5.

WELL, 4 AND 5 ARE TIED TOGETHER. >> I THINK THE DEVELOPER

PRESENTED YOU SOMETHING -- >> I'M SATISFIED WITH THAT.

>> THAT SOLVES FOR 5. >> KEEP 5.

>> GET RID OF 1 AND 4. >> 1 AND 4, CORRECT.

>> I GUESS THE QUESTION FOR PURPOSES OF THE DRAFTING THE ORDINANCE FOR COUNCIL, IS THAT --

>> [INAUDIBLE]. >> THEIR PRESENTATION, YES, SIR.

>> [INAUDIBLE]. >> I WILL SECOND IT.

[03:55:06]

>> ALL IN FAVOR. >> AYE.

ALL OPPOSED. NO.

MOTION PASSES. >> MAMISCELLANEOUS ITEMS FOR

[MISCELLANEOUS DISCUSSION]

DISCUSSION. >> JUST TO WELCOME OUR NEW COMMISSIONER, MR. BLAND. WE WOULD LIKE TO RECOGNIZE HIM.

WE HIRED A NEW ASSISTANT PLANNING DIRECTOR, COLBY COLLINS. GREAT ADDITION TO THE TEAM.

KEEP HIM BUSY. WE APPRECIATE ALL YOU DO.

>> OKAY, MOTION TO ADJOURN. >> I WILL MAKE A MOTION TO

ADJOURN. >> I WILL SECOND.

>> ALL IN FAVOR. >> AYE.

OPPOSED. MOTION

* This transcript was compiled from uncorrected Closed Captioning.