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[Call to Order and Determination of Quorum.]

[00:00:05]

>> OKAY, IT IS 6 O'CLOCK. WE WILL CALL THE REGULAR MEETING OF THE CITY OF MIDLOTHIAN PLANNING & ZONING COMMISSION TO ORDER. WE DO HAVE A QUORUM.

ITEM 1, IS CITIZENS TO BE HEARD. THE PLANNING & ZONING COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSION ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO CITY STAFF PRIOR TO THE MEETING. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. I DON'T THINK WE HAVE ANYBODY TO SPEAK OTHER THAN ON ITEMS. IS THAT CORRECT? ALL RIGHT. WE WILL MOVE TO ITEM 003,

[CONSENT AGENDA]

CONSENT AGENDA. CONSIDER THE MINUTES FOR THE PLANNING AND ZONING COMMISSION MEETING DATED MARCH 15, 2022.

AND ALSO 004 CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF MIDLOTHIAN 287 BUSINESS PARK, BEING +7.0 ACRES OUT OF THE JOSEPH H. WITHERSPOON SURVEY, ABSTRACT NO. 1136. THE PROPERTY IS LOCATED APPROXIMATELY 700 FEET WEST OF THE INTERSECTION OF U.S. HWY 287 AND PLAINVIEW ROAD. ANYBODY WISH ITEM TO BE PULLED OFF OF THE CON CONSENT AGENDA. IF NOT, I ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA. WE HAVE A MOTION AND SECOND.

ANY FURTHER QUESTIONS, ALL IN FAVOR, AYE, OPPOSED.

[005 Consider and act upon a request for a Preliminary Plat for Highland Lakes Phase 1, being ± 169.744 acres of land, situated within the M.H. Davis Survey, Abstract No. 314, the R. Rowles Survey, Abstract 938 and the S. Smith Survey, Abstract 973. The property is located to the South of FM 875 and east of FM 663. (Case No. PP15-2022-86).]

IT IS UNANIMOUS. REGULAR AGENDA, 005 CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT FOR HIGHLAND LAKES PHASE 1, BEING + 169.744 ACRES OF LAND, SITUATED WITHIN THE M.H. DAVIS SURVEY, ABSTRACT NO. 314, THE R.

ROWLES SURVEY, ABSTRACT 938 AND THE S. SMITH SURVEY, ABSTRACT 973. THE PROPERTY IS LOCATED TO THE SOUTH OF FM 875 AND EAST OF FM 663.

>> THANK YOU, OUR NEXT CASE FOR THIS EVENING, AGENDA ITEM NO. 5 FOR CASE NUMBER PP15-2022-86. PRELIMINARY PLAT FOR HIGHLAND LAKES PHASE 1. THIS IS GOING TO BE FOR THE APPLICANT IS REQUESTING A PRELIMINARY PLAT TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE PROPERTY IS LARGELY WITHIN THE COUNTY ETJ AND PARTIALLY ZONED AGRICULTURE YOU'UAL.

THE ENTIRE STATE, EAST OF SINGLETON AND FM 663.

602 SINGLE RESIDENTIAL LOTS. THE APPLICANT IS ASKING FOR ONE VARIANCE REQUEST FOR RIGHT-OF-WAY DEDICATION FOR STREET A AND GOING BACK ON SLIDE STREET A, LOOKING DOWN HERE IN THIS AREA. THIS IS LARGELY DUE TO A GRAND ENTRANCE, IF YOU WILL, FOR LANDSCAPE AREA FOR THE DEVELOPMENT. PHASE ONE.

AND SO PER THE CITY OF MIDLOTHIAN ORDINANCE, WE REQUIRE FOR MINOR SELECTORS 90-FOOT RIGHT-OF-WAY.

THE APPLICANT IS ASKING FOR TWO 45-FOOT RIGHT-OF-WAY WITH THE LANDSCAPE MEDIAN IN BETWEEN. THE CONCEPT AND VISUAL OF WHAT THE APPLICANT IS HOPING TO VSM THIS IS A CONCEPT RENDERING FOR PHASE ONE. THIS IS A REASON FOR THE VARIANCE REQUEST HERE. OTHER THAN THAT, STAFF IS RECOMMENDING APPROVAL FOR THE PRELIMINARY PLAT REQUEST INCLUDING THE VARIANCE. WE DO NOTE, THIS IS A PRELIMINARY PLAT. FINAL PLAT WILL BE REQUIRED AND THAT WILL COME BACK BEFORE YOU GUYS AS WELL.

>> TO UPDATE THE COMMISSION, THIS IS A SPECIAL DISTRICT.

THIS IS A MUNICIPAL UTILITY DISTRICT.

ALL THIS IS GOING TO BE DEPENDENT UPON TCQ APPROVING THE BASICALLY THE MUD, SPECIAL DISTRICT.

SO THE APPROVAL OF THIS PLIK PLAT IS INDEPENDENT OF THAT TCQ PERMIT. THE TCQ PRELIMINARY, KEVIN, PLEASE STOP ME WHEN I GO ASTRAY, THE TCQ PERMIT IS BEING OPPOSED BY THE CITY OF MIDLOTHIAN, CITY OF WAXAHACHIE, THIS DEVELOP MANY DOES EXTEND INTO WAXAHACHIE AS WELL AS ELLIS COUNTY.

WE ARE OPPOSING AT THE TCQ LEVEL.

WITHOUT THE PERMANENT BEING APPROVED, THE TCQ, THIS IS NULL AND VOID. BUT THEY ARE KIND OF RUNNING INDEPENDENTLY. TCQ AND THE WALL IS VER LAW IS .

[00:05:01]

THEY CANNOT BUILD THIS DEVELOPMENT WITHOUT THE TCQ MUNICIPAL UTILITY DISTRICT PERMIT.

THAT PERMIT IS FOR DISCHARGE OF WASTE WATER.

THE RECOMMENDATION IS FOR APPROVAL, THEY MEET ALL OUR STANDARDS FOR PRELIMINARY PLAT. ALBERTO MAREZ IS HERE WITH THE COUNTY IF THERE ARE ANY QUESTIONS FOR THE COUNTY ABOUT

THAT. >> IS THIS HY-VEE?

>> HIGHLAND, HIGH VIEW RANCH. >> BUT PART OF HIGH VIEW.

THERE IS A PORTION. >> IT IS -- THIS IS A VERY

BEGINNING. >> THAT'S WHAT I THOUGHT.

>> QUESTIONS OF STAFF? AL BELTERO, ALBERTO, DID YOU WA?

COME UP AND IDENTIFY YOURSELF. >> ALBERTO, THE DIRECTOR OF PLANNING AND DEVELOPMENT FOR THE COUNTY.

RUSHINGHERE FROM COMMISSIONER'S COURT.

SOME OF OUR CONCERNS WERE OBVIOUS WHETHER I WITH IT BEING MUD DISTRICT, WE FEEL THE PLAT, THE CART IS BEING PLACED BEFORE THE HORSE. THEY DON'T HAVE APPROVAL FROM TCQ YET. APPROVING A PLAT THAT DOESN'T MEET THE REQUIREMENTS YET, SOMETHING THAT THE COURT HAS SOME CONCERNS ABOUT. IN ADDITION TO POSSIBLE INVESTING RIGHTS WITH THE PRELIMINARY PLAT.

THOSE ARE THE TWO CONCERNS OF THE COMMISSIONER'S COURT.

>> OKAY. QUESTIONS?

THANK YOU, SIR. >> THANK YOU.

>> SO CLYDE, RIGHT NOW, THE CITY OF MIDLOTHIAN AND COUNTY ARE THE ONLY TWO INVOLVED IN OPPOSITION TO THE --

>> NO, SIR, I BELIEVE CITY OF WAXAHACHIE IS AS WELL.

>> THEY HAVE? >> YES, SIR.

>> OKAY. >> I THINK WE HAVE ALL CONTRACTED WITH THE SAME ATTORNEYS DOWN IN AUSTIN.

A LAW FIRM THAT SPECIALIZES IN TCQ PERMITTING.

>> THE LAST I GET HEARD, THEY WERE STILL IN THE PROCESS, BUT

THEY HAVE -- >> AS FAR AS I KNOW, KEVIN, I DON'T KNOW IF YOU HAVE HEARD OF AN UPDATE.

I JUST -- WE HAD A CONFERENCE CALL A WEEK AND A HALF, TWO

WEEKS AGO. >> I THINK JOE IS MORE UP SPO SPEED. HE AND I HAVE NOT HAD A CHANCE OVER THE HOLIDAYS TO CHAT ABOUT IT.

>> NOW, WHAT'S DIFFERENT IS NONE OF IN PLAT IS IN CITY OF WOK WOX WAXAHACHIE. FROM PLATTING PERSPECTIVE, ONLY

MIDLOTHIAN COUNTY. >> IS OUR APPROVAL RESTRICTED TO

THE PLANNING PROCESS? >> YES, SIR.

AND WE HAVE A PRELIMINARY PLAT PROCESS.

ELLIS COUNTY DOES NOT HAVE A PRELIMINARY PLAT PROCESS.

THEY ONLY HAVE A FINAL PLAT. >> SO WHAT MAY HAPPEN, CLYDE'S NEXT STATE OF EMERGENCY IS GOING TO BE, STILL THE FINAL PLAT THAT HAS TO BE DEALT WITH ON THIS PROPERTY.

>> WITHOUT THE PERMIT, THE FINAL PLAT CAN'T BE APPROVED.

>> AT BREA BEST, AT BEST, CONDIN AL APPROVED.

STILL COULDN'T SELL LOTS AND STUFF UNTIL THE -- UNTIL THEY HAD PROOF TO PROVIDE SANITARY SEWERS.

>> I WOULD DOUBT THEY WOULD SINK INFRASTRUCTURE COST IN WITHOUT

HAVING THE APPROVAL OF THE TCQ. >> PART OF THE PURPOSE FOR THE MUD, CORRECT ME, THEY WILL NEED TO ACTUALLY CONSTRUCT A SANITARY

SEWER TREATMENT PLANT. >> YES, SIR.

>> AND IT IS THE DISCHARGE FROM THAT PLANT IS WHAT IS WHAT'S

BEING OPPOSED. >> WOULD WE NORMALLY APPROVE A PRELIMINARY PLAT IN THIS PROCESS WITHOUT THE INFRASTRUCTURE PROCESS APPROVAL BEING CARRIED OUT?

>> REMEMBER, PRELIMINARY PLAT, YOU DON'T HAVE TO HAVE THE INFRASTRUCTURE IN PLACE. THE PRELIMINARY PLAT IS A DRAWING ON A PIECE OF PAPER. THAT SAYS, HEY, PRELIMINARILY.

>> THE PRIMARY LAYOUT OF THE LAND.

THE FINAL PLAT IS WHERE -- >> BUT WE WOULD TYPICALLY APPROVE THE REPLAT EVEN THOUGH ALL THE INFRASTRUCTURE PROCESS

IS NOT APPROVED. >> PRELIMINARY PLAT.

>> PRELIMINARY PLAT. >> OKAY.

>> IF IT FITS WITHIN OUR PLANS. THIS IS? OUR ETJ. REMEMBER, SO THAT KIND OF -- THAT THROWS ANOTHER WRINKLE INTO IT.

SO ETJ, WE DON'T HAVE ANY ZONING AUTHORITY.

ONLY PLATTING AUTHORITY. SO TYPICALLY WHAT WOULD HE HAPPEN IS SOMEBODY BRINGING A PLAT, KEVIN TELL ME TO BE QUIET, IF I'M GOING TOO FAR. SOMEBODY BRINGS IN A PLAT, ACRE LOTS, WE DO OUR BLESSINGS AND THEY ARE GOOD TO GO BECAUSE --

[00:10:04]

BUT THE ONLY THING THAT WE STRITCH THEM TO THAT ACRE IS THAT SEPTIC SYSTEM. ONCE THEY GET A SPECIAL DISTRICT, ONCE THEY CAN DISCHARGE WASTEWATER, THEY CAN PUT 1800 LOTS HERE BECAUSE WE DON'T HAVE ANY ZONING AUTHORITY WHATSOEVER. WE DON'T HAVE REALLY ANY AUTHORITY OTHER THAN PLATTING, AND PLATTING IS ONLY INFRASTRUCTURE. DO THEY HAVE THE ROADS, DO THEY HAVE WATER, DO THEY HAVE SEWER TO COVER THIS? ONCE AGAIN, THIS ISN'T EVEN OUR WATER.

SO RIGHT NOW IT IS IN MOUNTAIN PEAK.

AND I DON'T KNOW, HAVE WE GOTTEN A LETTER, WILL SERVE LETTER FROM MOUNTAIN PEAK? WE HAVE, OKAY.

SO THEY HAVE SAID THEY CAN SERVE THIS.

WE HAVE NOT INDEPENDENTLY VERIFIED WITH HYDRO ENGINEERS OR ANYTHING. THEY SAID THEY CAN SERVICE IT.

>> SO THAT I UNDERSTAND, BOTH FROM LEGAL COUNSEL AND YOURSELF, THE PROVISIONS OF WHICH WE MAKE DECISIONS ARE BEING MET HERE.

>> YES, SIR. >> WE DON'T REALLY --

>> THE ETJ. >> THE ETJ CIRCUMSTANCE, ALL THE

PROVISIONS HAVE BEEN MELT. >> YOU BET.

THE ONLY THING COLBY IS ASKING FOR, THEY WANT A WIDER MEDIAN.

SO, IF ANYTHING, THEY ARE BUILDING BEYOND OUR STANDARD.

>> OKAY. >> ANY OTHER QUESTIONS?

>> I HAVE A QUICK, DO OUR PRELIMINARY PLATS EXPIRE WITH

NOTHING HAPPENING TO IT? >> TWO YEARS, YES.

>> OKAY. SO THERE'S --

>> SO WE DID CHANGE THAT ABOUT, PROBABLY, A YEAR AND A HALF AGO.

CHANGE THAT TO TWO YEARS FROM ONE YEAR.

>> ARE WE A PROCESS OF THE -- I KNOW TYPICALLY WHEN THEY HAD THESE SUBDIVISIONS AND THEY START THEM, THEY WILL DO SOMETHING AT THE STATE TO REGISTER THAT SUBDIVISION FOR FUNDING AND WHATNOT. EVEN THOUGH THIS IS ETJ, DOES IT

GO THROUGH THE SAME PROCESS? >> I THINK WHAT YOU ARE TALKING ABOUT POSSIBLY IS SUBMITTING THE PERMIT AT TCQ SO THEY CAN -- I MEAN, THAT'S HOW THEY WILL TRIGGER THAT FUNDING.

ONCE THEY GET THE PERMIT, THEY WILL START PUTTING IN THE FUNDING. ANOTHER THING YOU ARE PROBABLY TALKING ABOUT IS THE MUD DISTRICT.

THAT IS -- THEY DO HAVE A GEOGRAPHICAL BOUNDARY THAT SAYS, HEY, WITHIN THIS GIVEN AREA, WE'RE GOING TO HAVE A TAX RATE.

THAT TAX RATE IS GOING TO HELP FUND THE VARIOUS IMPROVEMENT.

ROADWAYS, COULD BE ROADWAYS. FOR SURE SEWER, WATER, THOSE TYPES OF THINGS. SO, YES, THAT IS PART OF THAT TCQ. BUT THAT FUNDING, IT GIVES THEM THE ABILITY TO SELL BONDS BUT THAT'S ALL GIVEN -- GRANTED

THROUGH THE TCQ. >> AND THEY WILL PICK THAT UP IN

AN ADD-ON TAX RATE. >> YES, SIR.

>> THANK YOU. >> OTHER QUESTIONS OR DISCUSSION? IF NOT, FLOOR IS OPEN FOR A

MOTION. >> JUST MAKE SURE -- THE PLAT.

>> YEAH, WE ARE APPROVING THE PLAT BUT YOU CAN APPROVE THE VARIANCE OR NOT APPROVE THE VARIANCE, ALONG WITH APPROVING

THE PLAT. >> I GUESS THE ONLY OTHER QUESTIONS I HAD IS, I'M ASSUMING MIKE HAS REVIEWED THIS REQUEST

FROM AN ENGINEERING PERSPECTIVE? >> YEP.

>> WIAS THE CITY, DO WE HAVE ANY ISSUES WITH THE REQUEST?

>> NO, SIR. >> SO THERE'S NO ISSUES.

>> AND THEY HAVE MET ALL OUR REQUIREMENTS FOR INFRASTRUCTURE.

>> MAKE A MOTION TO APPROVE AS PRESENTED.

>> WITH THE VARIANCE? >> WITH THE VARIANCE.

>> IS THERE A SECOND TO THAT. >> SECOND.

>> WE HAVE A MOTION AND SECOND. ANY FURTHER DISCUSSION? IF NOT, ALL IN FAVOR AYE. OPPOSED?

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

IT IS UNANIMOUS. I WILL GO BACK UP TO ITEM 2,

CLYDE, DO YOU WANT TO COME UP. >> THANK YOU, COMMISSIONER.

I WANT TO RUN OVER THE PAST ITEMS THAT WE -- YA'LL HAD APPROVED AND GONE THROUGH IN THE PAST MEETING.

THE IMPACT FEE ORDINANCE, YOU ALL ARE THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE FOR OUR WATER, WASTEWATER IMPACT FEES.

CHAIRMAN OSBORN DID WRITE TO THE CITY COUNCIL AND THEY DID APPROVE YA'LL'S RECOMMENDATION FOR MAXIMUM IMPACT FEES FOR WATER, WASTEWATER AND ROADWAY. THOSE ARE GOING INTO EFFECT OCTOBER 1, 2022. 2022-150, SUP FOR SECONDARY DWELLING IN SINGLE FAMILY DISTRICT, AGRICULTURAL DISTRICT.

[00:15:04]

THAT HAS BEEN REMOVED. PUBLIC HEARING ON SPECIFIC USE PERMIT FOR RESIDENTIAL SUBDIVISION SIGN UP ON PARK SIDE NORTH, THAT WAS APPROVED BY THE COUNCIL.

PUBLIC HEARING, CONSIDER ACT UPON ORDINANCE OF ADMITTING ZONING OF 1.8 ACRES, THIS WAS CALIBER COLLISION, IT WAS DENIED BY THE COMMISSION, THE CITY COUNCIL DID CHOOSE TO APPROVE THAT. THEN THERE WAS A SUP RELATED TO THAT, THAT'S CALIBER COLLISION, SO THAT IS MINOR AUTO REPAIR? MAJOR? MAJOR AUTO REPAIR, THEY DID APPROVE THAT AS WELL. THERE WAS AN ASSISTED LIVING, SEEN YOUR ASSISTED LIVING CARE AT TOWER ROAD APPROVED BY THE COUNTY. ALSO APPROVED BY YA'LL.

THE VICTORY DEVELOPMENT AT 663 AUTUMN RUN DRIVE, THAT WAS DENIED BY THE CITY COUNCIL. IT WAS APPROVED BY YA'LL 5-1.

IT WAS DENIED BY THE COUNCIL 4-2.

THERE WAS ANOTHER ITEM, I THINK WE WILL HEAR THAT ONE TONIGHT.

RESIDENTIAL DRIVEWAY ON 663, THAT WAS APPROVED AND THEN ANOTHER RESIDENTIAL DRIVEWAY, SPECIAL EXCEPTION ON MCALPIN

ROAD. >> DO YOU KNOW WHAT THE MAXIMUM IMPACT FEE WAS ROUGHLY? YOU SAID COUNCIL DID APPROVE A

MAXIMUM IMPACT FEE? >> OH, IT IS 972 PER SERVICE UNIT FOR ROADWAY. APPROXIMATELY 5300 FOR WATER.

53, AND 46 FOR WASTEWATER. >> 10G.

>> FOR WATER AND WASTEWATER. THE 972 IS PER SERVICE EQUIVALENT. A SINGLE FAMILY HOME, IT WOULD BE ROUGHLY THREE TIMES THAT AMOUNT.

>> DIDN'T WE START OUT AROUND 1500?

>> WELL, I THINK, REMEMBER, THE SERVICE AREAS, WE HAVE 7

DIFFERENT SERVICE AREAS. >> I SEE, I REMEMBER.

>> THEY TOOK THE LOWEST OF ALL SERVICE AREAS AND MAXED THAT OUT

FOR THE ROADWAY. >> WE HAVE COME A LONG WAY.

>> YEAH. I THINK THAT WENT UP ABOUT $136, FOR THAT SERVICE UNIT EQUIVALENT.

>> THANK YOU. >> BACK TO THE REGULAR AJEND,

[006 Consider and act upon a request for a special exception to Section 6.14.3 of the Subdivision Ordinance to allow for drive access onto a minor arterial (McAlpin Road) for a 7.881± acres tract located on N.N., J.J., & B.L. Edwards Survey, Abstract No. 340. The property is located to the east of McAlpin Road, between Seeton Lane and FM 875 (Case No. M12-2022-85).]

ITEM 006 CONSIDER AND ACT UPON A REQUEST FOR A SPECIAL EXCEPTION TO SECTION 6.14.3 OF THE SUBDIVISION ORDINANCE TO ALLOW FOR DRIVE ACCESS ONTO A MINOR ARTERIAL, MCALPIN ROAD, FOR A 7.881+ ACRES TRACT LOCATED ON N.N., J.J., & B.L. EDWARDS SURVEY, ABSTRACT NO. 340.

THE PROPERTY IS LOCATED TO THE EAST OF MCALPIN ROAD, BETWEEN

SEETON LANE AND FM 875. >> THANK YOU, CHAIRMAN.

THE REQUEST WILL BE TO ADD A NEW DRIVEWAY ON TO MCALPIN ROAD FOR AN UNDEVELOPED TRACT. AS YOU CAN SEE ON THE SCREEN.

OUR THOROUGHFARE PLAN DOES CLASSIFY MCALPIN ROAD AS MINOR ARTERIAL. RESIDENTIAL ACCESS IS ALLOWED WITH COUNCIL APPROVAL. THE PROPOSED DRIVEWAY IS LOCATED ABOUT 171 FEET NORTH -- SOUTH OF THE NORTHERN PROPERTY BOUNDARY AND ABOUT 60 FEET FROM THE SOUTHERN SIDE OF THAT PROPERTY BOUNDARY. THERE'S NO EXISTING DRIVE ON THE OPPOSITE SIDE SO THERE'S NO CONCERN WITH THE PROPOSED LOCATION THAT THE APPLICANT IS PROPOSING.

STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED REQUEST WITH THE CONDITION AS SHOWN UP HERE ON THE SCREEN.

AND I WILL CONTINUE TO STAND FOR ANY QUESTIONS.

>> QUESTIONS OF STAFF? OKAY, WE DON'T HAVE ANYONE TO

SPEAK ON THAT, CORRECT? >> CORRECT.

>> ALL RIGHT. FLOOR IS OPEN FOR DISCUSSION

AND/OR A MOTION. >> MOVE TO APPROVE STAFF

RECOMMENDS. >> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ANY OTHER QUESTION OR DISCUSSION? IF NOT, ALL IN FAVOR AYE, ANY OPPOSED.

IT IS UNANIMOUS. >> NEXT ITEM,

[007 Conduct a public hearing and consider an application requesting a Specific Use Permit (SUP) for Electrical Substation relating to the use and development of 4.135± acres of land located in the B.F. Hawkins Survey, Abstract No. 464, which is located within the Single Family Three Zoning District (SF-3). The property is located on FM 663 between Lena Lane and Roundabout Drive. (Case No. SUP10-2022-084).]

007 CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION REQUESTING A SPECIFIC USE PERMIT FOR ELECTRICAL SUBSTATION RELATING TO THE USE AND DEVELOPMENT OF 4.135+ ACRES OF LAND LOCATED IN THE B.F. HAWKINS SURVEY, ABSTRACT NO.

464, WHICH IS LOCATED WITHIN THE SINGLE FAMILY THREE ZONING DISTRICT THE PROPERTY IS LOCATED ON FM 663 BETWEEN LENA LANE AND ROUNDABOUT DRIVE.

>> NEXT CASE THIS EVENING FOR AGENDA ITEM 7 CASE SUP10-2022-084. THIS IS FOR PROPOSED SUBSTATION EXPANSION. THE SUBJECT PROPERTY IS JUST

[00:20:02]

OVER FOUR ACRES AT 4.135 ACRES. THE APPLICANT IS REQUESTING FOR SUP TO GET APPROVAL FOR -- TO EXPAND THE EXISTING SUBSTATION.

THE CURRENT ZONING FOR THE PROPERTY IS SINGLE FAMILY THREE.

THIS NEXT SLIDE SHOWS THE SITE LAYOUT OVER TO THE RIGHT-HAND SIDE OF THE SCREEN AND OVER TO THE LEFT-HAND SIDE, AGAIN, SUP IS REQUIRED FOR THE USE. EAST OF THE SUBJECT PROPERTY, AND APPLICANT IS, AGAIN, PROPOSING TO EXPAND EXISTING SUBSTATION AND WITH THE ADDITION OF THE SUBSTATION, THE APPLICANT WILL ROUGHLY BE ABOUT 200 FEET FROM THE FRONT PROPERTY LINE.

THE APPLICANT IS PROPOSING 98 SHRUBS AS WELL AS ADDITIONAL GROUND COVER IN THE EXPANSION. THE NEXT FEW SLIDES SHOW THE ELEVATION OF THE S SITE RENDERINGS.

THE APPLICANT IS ASKING FOR THREE VARIANCE REQUESTS LOT WIDTH, LANDSCAPING AND SCREENING.

LOT WIDTH, THE REQUIREMENT FOR THAT ZONING DISTRICT IS 125 FEET. THE APPLICANT IS AT 113 FEET.

LANDSCAPING, MINIMUM LANDSCAPING REQUIRES SIX TOTAL TREES AND 18 SHRUBS. AS MENTIONED ON PREVIOUS SLIDE, THE APPLICANT IS PROPOSING 98 SHRUBS AND ADDITIONAL GROUND COVER. AND ALSO FOR SCREENING, TO RIGHT-OF-WAY, REQUIREMENT IS 6-FOOT MASONRY WALL WITH DECORATIVE FENCING OR SIX FOOT ARCHITECTURAL STEAL OTHER IRON FENCE WITH VEGETATIVE SCREENING WALL.

7-FOOT CHAIN-LINK FENCE IS BASHED WIRE.

BARBED WIRE. WE DID RECEIVE ONE LETTER OF OPPOSITION. IT IS NOT REFLECTED IN YOUR PACKET BECAUSE IT CAME AFTER THE PACKETS WENT OUT.

ONE LETTER OF OPPOSITION FOR THAT.

HOWEVER, STAFF IS RECOMMENDING APPROVAL FOR THE PROPOSED USE.

>> QUESTIONS OF STAFF? OKAY.

IS THE APPLICANT PRESENT? WOULD YOU LIKE TO SPEAK?

>> YES, PLEASE. >> OKAY.

IF YOU WOULD, GIVE YOUR NAME AND ADDRESS.

>> YES, GOOD EVENING, ROB MYERS, WARREN PAR PARKWAY, FRISCO.

THIS SUBSTATION EXPANSION IS NEEDED BY ENCORE TO SERVE THE GROWING POPULATION AND TO INCREASE RELIABILITY FOR THE SERVICE FOR THE CURRENT AND FUTURE CUSTOMERS FOR THE CITY OF MIDLOTHIAN. I HAVE A POWERPOINT.

WE ARE ZONE SF3. THE ADJACENT PROPERTIES TO THE NORTH IS PD AND THEN TO THE SOUTH IS RETAIL DEVELOPMENT.

THIS IS WHAT IS CURRENTLY RIGHT THERE AND WHAT IS PROPOSED IS OVERLAID ON THIS. WE ARE EXPANDING OUT WEST 300 FEET AND STILL MAINTAINING 200 FEET OF OUR FRONT BUFFER TO NINTH STREET. HERE IS OUR LAYOUT.

WE WORKED WITH THE CITY TO IMPROVE A BIT OF HAW H HAWKINS.

ALONG WITH THIS, WE ARE PROPOSING A LANDSCAPE AND SCREENING. THERE IS ALREADY EXISTING CHAIN-LINK FENCE WITH BARBED WIFE ON TOP.

THAT IS FOR SECURITY. WE PROPOSE TO EXPAND THAT AROUND AND THEN WE WOULD ADD THREE FOOT TALL EVERGREEN SHRUBS ALONG THE NOTER AND WEST SIDE. HERE IS A RENDERING OF WHAT THAT WOULD LOOK LIKE. WITH THE CHAIN-LINK FENCE, BARBED WIRE AND SHRUBS.

WHAT IS PROPOSED, WE WOULD JUST CONTINUE THIS ON.

SOUTH OF US, WE HAVE THAT EXISTING WATER TOWER THAT HAS THE SAME IDEA. SO IN CONCLUSION, THIS IS -- THIS EXPANSION IS NEEDED JUST TO SERVE THE CITIZENS OF MIDLOTHIAN. WE HAVE TWO VARIANCES REQUESTING. LOT WIDTH, MINIMUM LOT WIDTH TO BE 113 WHICH MATCHES THE CURRENT PROPERTY LOT WIDTH.

THE SECOND VARIANCE WOULD BE TO CONTINUE THE CHAIN-LINK FENCE WITH BARBED WIRE. IN ADDITION, WE WOULD PLANT

THREE-FOOT EVERGREEN SHRUBS. >> OKAY, QUESTIONS OF THE APPLICANT? THANK YOU, SIR.

>> THANK YOU. >> MIDTOWN, MIDLOTHIAN LLC TURNED IN A FORM. DO THEY WISH TO SPEAK? IF YOU WOULD, SIR, IDENTIFY YOURSELF AND YOUR ADDRESS.

>> YES. SHANE FINKS SISTER, 432 MCAL

[00:25:04]

PIN ROAD. I'M REPRESENTING MIDTOWN LLC.

IN REGARDS TO THIS, WE ARE NOT AGAINST ENCORE EXPANDING, WE UNDERSTAND THE NEED TO DO THAT. HOWEVER, MIDTOWN DOES BACK UP TO THIS SERVICE CENTER RIGHT AT THAT SIDEWALK.

SO WE -- ALL WE WOULD REQUEST IS THAT SOME ADDITIONAL SCREENING REQUIREMENTS BE PROVIDED TO SEPARATE THE ENCORE STATION FROM THE MIDTOWN DEVELOPMENT. WHAT THAT BE A MASONRY WALL OR SOMETHING MORE DECORATIVE THAN JUST A BARBED WIRE FENCE OR CHAIN-LINK FENCE WITH BARBED WIRE TOP.

>> THANK YOU, SIR. I'M A LITTLE C CONFUSED WHERE TS IS. TO MIDTOWN, YOU TURNING LEFT AT THE VET CENTER AND OFFICE, RIGHT?

>> RIGHT. >> SO AS YOU GO UP NORTH, YOU ARE LUKI LOOKING AT MIDLOTHIAN S COMPLEX.

UP A LITTLE BIT MORE, THAT'S MIDTOWN UP HERE.

AND SPORTS COMPLEX HERE. AND THIS IS -- HOT ALBERTS.

THE WATER TOWER IS RIGHT THERE. >> AGAIN, WE AS STAFF ARE SUPPORTIVE OF IT LARGELY DUE TO IT IS WHAT IS EXISTING OUT THERE

ALREADY. >> OKAY.

>> GO AHEAD. >> REALLY, WITH THE OVERHEAD ELECTRIC IN THE AREA, THERE IS A SAFETY ISSUE AS FAR AS WHAT CAN BE ALLOWED UNDERNEATH THE OVERHEAD.

THAT'S I CAN'T WE HAVE A HEIGHT RESTRICTION ON WHAT KIND OF SCREENING WE CAN HAVE. ANY KIND OF EVERGREENS THAT WE PUT ON THERE, ENCORE PREFERS NOT TO HAVE ANYTHING LIKE THAT JUST BECAUSE THEY DON'T WANT ANY LIABILITY OR ANYTHING TO CONFLICT WITH THEIR OPERATION OR SAFETY OF THEIR OPERATION.

SO THAT'S THE MAIN REASON WHY WE HAVE TRIED TO GO BEYOND WITH SOME EVERGREEN SHRUBS AND REALLY TO MATCH WHAT'S ALREADY EXISTING. WE ARE JUST GOING TO PROPOSE TO

CONTINUE THAT FENCE. >> SO THE THREE FEET MAXIMUM HAS NOTHING TO DO WITH ECONOMICS. YOU ARE SAYING IT IS A SAFETY

ISSUE? >> THAT'S CORRECT.

>> DID YOU SAY THREE FEET OR SEVEN FEET?

>> THREE FEET. >> THE SHRUBS WOULD BE THREE FEET. THE FENCE IS 7-FOOT.

>> I THINK WHAT THEY ARE REQUESTING, THE -- [INAUDIBLE].

>> MY NEXT QUESTION FOR LEGAL, THEY HAVE AN EXISTING PORTION AND THEY ARE WANTING TO DO AN ADDITION.

SO DO WE EVEN HAVE THE ABILITY TO MAKE A REQUEST ON WHAT'S OLD AND EXISTING AND SAY, YOU HAVE GOT TO DO ALL OF IT? EVEN THOUGH YOU ARE ADDING THIS LITTLE BIT, BY THE WAY, THAT OTHER 200-FOOT FENCE, YOU WILL REPLACE IT THE WAY WE WANT TO.

IS THAT REALLY POSSIBLE? WHAT I'M A LITTLE CONCERNED ABOUT IS WE DON'T. AND THEN THEY HAVE GOT HALF CHAIN LINK AND HALF BRICK WALL. THEN YOU HAVE A HODGEPODGE.

AM I WRONG? >> YOU ARE NOT WRONG.

OF COURSE, OBVIOUSLY, ONCE YOU OPEN UP -- LET ME LOOK REAL QUICK HOW WE HAVE THE APPLICATION REQUESTED.

>> ARE WE ADDING FOUR ACRES OR FOUR ACRES INCLUDING THE

EXISTING. >> ACRES ARE THE SAME.

>> WITHIN THE SAME LAND MASS. >> ENCORE OWNS THE ENTIRE RECTANGULAR PROPERTY. THEY HAVE AN EXISTING SUBSTATION FOR DEMAND AT THE TIME. NOW THAT THE DEMAND HAS

INCREASED. >> I UNDERSTAND ALL THAT.

MY QUESTION IS, ON THE 4.

ORDINANCE AND IN THE APPLICATION, IS THAT NEW LAND OR

IS THAT INCLUSIVE OF EXISTING. >> INCLUSIVE OF EXISTING.

>> THEN THE ANSWER IS YOU CAN CHANGE IT ON THE ENTIRE THING.

[00:30:25]

LIKE WHEN YOU OPEN UP A PD FOR AMENDMENT, YOU OPEN IT UP.

>> WOULD IT BE POSSIBLE, I HAVE SEEN SIMILAR TO THIS THAT HAVE THE ALUMINUM PANELS THAT RUN THROUGH THE CHAIN-LINK FENCE TO BLOCK -- YOU KNOW WHAT I AM TALKING ABOUT?

>> YES, THAT'S SOMETHING I CAN DISCUSS.

I AM HERE AS REPRESENTATIVE, I WOULD HAVE TO TALK INTERNALLY.

I DON'T THINK THEY WOULD HAVE MUCH CONCERN.

>> THAT WOULD CARRY IT UP TO WHATEVER THE HEIGHT OF THE FENCE IS, DOUBLE OF WHAT YOUR SLUBSZ SHRUBSARE GOING TO BE, RIGHT?

>> YES. IN ADDITION WE COULD INCREASE THE HEIGHT OF THE SHRUBS BECAUSE WE WOULD BE ABLE TO BE FUND THE FENCE. IF WE WERE ABLE TO MAKE THEM SIX FOOT TALL SHRUBS, THAT WOULD BE ANOTHER OPTION, TO ADD MORE SCREENING AND STILL MAINTAIN THE SAME LOOK WITH THAT CHAIN-LINK

FENCE. >> I THOUGHT YOU SAID EARLIER,

SAFETY REASONS -- >> SO THEY WANT TO KEEP THE SHRUBS AS MINIMAL AS POSSIBLE. BUT AS LONG AS THEY ARE UNDER THAT FENCE, THEY WOULD BE ACCEPTABLE.

>> JUST SO, AGAIN, TO CLARIFY. ON THE 36-INCH, THAT'S NOT

SURETY, THA THAT'S A PLANTING. >> THAT'S CORRECT.

>> THEY TEND TO GET TALLER. WHEN YOU ARE TALKING ABOUT HOLLIES, THAT TENDS TO BE THE STANDARD OF SCREENING PLANT ACROSS THE BOARD, PLANNING WORLD, WHEN YOU ARE LOOKING AT A

GREEN SCREENING, HOLLY. >> AND WHAT YOU DO PLANTING --

>> TO KEVIN'S POINT, IT WOULD BE BETTER NOT TO HAVE THE HURRICANE SLATS. ONE MISSES, KID PULLS A THIRD ONE OUT. I DON'T THINK THIS WILL CREATE A

HEDGE. >> SPEAKING, THE OTHER ISSUE TENDS TO BE SOMETIMES A SECURITY ISSUE, TOO.

GIVEN WHAT YOU HAVE IN THE AREA, I'M JUST THROWING THAT OUT TO THINK ABOUT, IF IT IS A CONCERN AT ALL, AS FAR AS VISIBILITY, BECAUSE HIGH SCHOOL NEARBY, YOU HAVE OTHER HOUSES COMING UP.

WHETHER OR NOT YOU WANT TO HAVE A TOTAL SCREEN FROM AN ELECTRICAL SUBSTATION FROM A SAFETY STANDPOINT WITHOUT POLICE OR SOMEBODY BEING ABLE TO VIEW WHAT'S GOING ON INSIDE THE

FENCE. >> I'M GOING TO ALSO ASSUME THAT UNDER THE PROTOCOL YA'LL PREFER TO HAVE AS FAR AS SAFETY, YOU PREFER TO HAVE, I'M ASSUMING, HAVE THREE STRANDS OF BARBED

WIRE AT THE TOP. >> THAT'S CORRECT.

>> AND THAT'S A NEED JUST TO KEEP PEOPLE FROM TRYING TO, MAINLY DETERRENT FROM HONEST KIDS TO KEEP THEM FROM GOING

OVER, RIGHT? >> EXACTLY.

>> ALL KIDS ARE HONEST, I SHOULDN'T SAY THAT.

HONEST PEOPLE, GOOD KIDS TRYING TO CLIMB OVER.

>> EXACTLY. >> BUT I DO SEE WHAT YOU ARE SAYING AND I'M IN SOME AGREEMENT WITH THAT, THAT THERE IS A PLUS TO BEING ABLE, EVEN AS A RESIDENT, TO SOMEHOW SEE IN THERE AND IF KIDS ARE IN THERE, PEOPLE THAT DON'T BELONG, QUICK CHECK FOR POLICE. SO I DON'T KNOW THE RIGHT ANSWER

TO THIS. >> OKAY, I DON'T THINK WE HAVE ANYBODY ELSE TO SPEAK. AT THIS TIME, WE WILL GO AHEAD AND ENTERTAIN A MOTION TO CLOSE THE PUBLIC MOTION.

MOTION AND SECOND. ALL IN FAVOR, AYE, OPPOSED?

>> MOVE TO APPROVE AS PRESENTED. >> SECOND.

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

ANY FURTHER QUESTION OR DISCUSSION.

ALL IN FAVOR AYE, OPPOSED? IT IS UNANIMOUS.

[008 Conduct a public hearing and consider an application requesting a Specific Use Permit (SUP) for a body art studio to be located within a portion of a building on Lot 9R-1, Block 2, of Eastgate Industrial Park Phase 3 (commonly known as 860 Dividend Road, Suite 100); presently zoned Medium Industrial (MI) District (Case No. SUP11-2022-92).]

ITEM 0808, CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION REQUESTING A SPECIFIC USE PERMIT FOR A BODY ART STUDIO TO BE LOCATED WITHIN A PORTION OF A

[00:35:05]

BUILDING ON LOT 9R-1, BLOCK 2 OF EASTGATE INDUSTRIAL PARK PHASE 3, COMMONLY KNOWN AS 860 DIVIDEND ROAD, SUITE 100, PRESENTLY ZONED MEDIUM INDUSTRIAL DISTRICT.

>> THANK YOU, AGAIN OWSH NEXT OUR NEXTCASE THIS EVENING, SUP11-2022-92. 860 DIVIDEND.

THE APPLICANT IS LOOKING TO O FROMSUITE 100 TO SUITE 200.

THE APPLICANT IS LOOKING TO PROVE FROM THAT SUITE FOR A LARGER SPACE, AND STAFF IS RECOMMENDING APPROVAL FOR THE

PROPOSED REQUEST. >> SO HE IS GOING TO REMAIN IN THE SAME BUILDING, JUST MOVING TO A DIFFERENT PORTION.

>> MOVING NEXT DOOR, YES, SIR. >> I DON'T HAVE A PROBLEM WITH MAINTAINING WHAT'S THERE AND I ENCOURAGE TO TRY TO HELP THE FOLKS THAT ARE THERE CONTINUE TO MAKE A LIVING FOR THEIR FAMILIES. BUT I DO WANT TO QUESTION, DID WE EVER DO ANYTHING TO -- I THOUGHT THERE WERE SOME DISCUSSIONS ABOUT NON-MEDIUM INDUSTRIAL USAGE, NEW NON-MEDIUM USAGE WOULD BE MORE CONFINED TO LIGHT INDUSTRIAL BECAUSE IT

DOESN'T MIX. >> [INAUDIBLE].

>> I'M ASSUMING, STAFF IS AWARE THAT HAVING YOUTH AFTER SCHOOL PROGRAMS AND RETAIL TYPE FACILITIES IS NOT A SMART IDEA AROUND CHEMICALS AND MANUFACTURING ALL THE STUFF GOING ON OUT THERE. I KNOW HOW IT ALL GOT -- WE INHERITED SOME OF IT. SO LET'S BE HONEST ABOUT THAT.

IT WAS THERE BEFORE. BUT I'M WONDERING IF WE PROVIDED SOME FORETHOUGHT, THERE WILL BE NEW APPLICANTS THAT DON'T HAVE THE ABILITY TO MAINTAIN A BUSINESS IN OTHER PORTIONS OF THE RETAIL DISTRICTS AND THAT'S KIND OF HOW THAT ENDS UP.

SOME OF THAT WAS EXISTING. EXISTING FOR OTHER REASONS.

ONCE AGAIN, I DON'T HAVE A PROBLEM WITH MAINTAINING WHAT WE HAVE BUT I WANT US TO GIVE SOME THOUGHT TO -- YOU JUST PUTTING THAT MUCH MORE TRAFFIC IN THERE. THERE'S A LOT GOING ON -- ANYTHING ABOVE LIGHT INDUSTRIAL. SO THAT WOULD BE MY ONLY TYPE.

I'M HAPPY TO HELP THESE FOLK BECAUSE THEY HAVE BEEN THERE.

>> SO, I GUESS, YOU WANT US TO RESTRICT EAST GATE TO NOTHING BUT MEDIUM INDUSTRIAL AND GREATER?

>> I'M JUST POSING THE QUESTION. I DON'T KNOW THE ANSWER.

I KNOW IF WE KEEP TURNING AROUND AND SAYING YES TO THIS IN LITTLE SLOTS OUT THERE, I DON'T KNOW THE RIGHT ANSWER.

>> YOU RECALL, I DON'T KNOW WHEE OF THE LAST ONES WE SAID YES TO.

>> YEAH. AND I DON'T KNOW HOW LONG -- SO I DON'T KNOW, MR. RODGERS, BUT TO YOUR POINT, THEY WOULDN'T NECESSARILY HAVE TO COME BACK THROUGH US.

>> AND TO THEIR DEFENSE, THEY WERE ALSO PLACED IN A POSITION WHERE THEY HAD TO BE OUT THERE. WEREN'T YOU? SO IT IS A DOUBLE EDGED SWORD. BUT THE OTHER BUSINESSES THAT ARE OUT THERE, THERE'S KIDS TIE TAEKWONDO DEAL AND OTHER THINGS.

THAT'S FINE. >> I CAN GET WITH KEVIN AND THE ATTORNEY, FORMULATE A STRATEGY. WHAT I DON'T THINK WE WANT TO DO IS GO IN THERE AND REZONE TO HEAVIER INDUSTRIAL OR MEDIUM INDUSTRIAL. WE WANT TO RESTRICT THE USES.

>> ALL I'M SAYING IS IT WOULD BE ABOUT THE SAME AS TRYING TO PUT A DAY CARE ON WARD ROAD. WHY ARE WE DOING IT IN MEDIUM INDUSTRIAL. THERE IS LIGHT INDUSTRIAL TO DO THIS WITH. IT'S A THOUGHT PROCESS.

>> I THINK WHAT -- IF I UNDERSTAND WHAT MR. RODGERS IS SAYING, BASICALLY WE NEED TO LOOK AT WHAT OTHER NONCONFORMING

USES ARE. >> THE THING IS, THEY ARE

CONFORMING. >> I KNOW.

>> THAT'S THE ISSUE. THEY WERE CONFORMING WHEN THEY WENT IN. THEY PROBABLY DIDN'T P&Z, THEY GOT A CO, BECAUSE IT WAS CONFORMANCE.

>> I RECOGNIZE THAT. WE ANNEXED IT A FEW YEARS AGO, NUMBER OF THOSE USES -- AND WE PUT THE INITIAL ZONING.

I CAN'T REMEMBER WHAT THE INITIAL ZONING WAS.

>> PROBABLY MEDIUM. >> WE HAVE QUITE A FEW.

I THINK WHAT HE IS SAYING, WE INHERITED AND ZONED IT, ANNEXED IT AND END UP CREATING A BUNCH OF NONCONFORMING USES WHEN THE INITIAL ZONING WHEN WE BROUGHT IT IN.

WHAT I HEAR MR. RODGERS SAYING, WE DON'T WANT TO BE CONTINUING

[00:40:04]

TO MAKE THAT WORSE OR LOOK AT REZONING.

>> EXACTLY. WE NEED TO LOOK AT EASTGATE --

>> I THINK IT IS, KEVIN, THESE USES ARE ALL CONFORMING.

YOU CAN DO A TAEKWONDO STUDIO, WORKOUT PLACE WITHIN MEDIUM

INDUSTRIAL. >> THAT'S REALLY, WE ARE GETTING

OFF -- >> LET KEVIN AND I TALK ABOUT.

>> I'M POKING AT SOMETHING THAT I SEE AS A PROBLEM THAT COULD BECOME -- WHEN YOU HAVE GOT KIDS IN A MEDIUM INDUSTRIAL DISTRICT, YOU HAVE AN ISSUE. BECAUSE IF SOMETHING BLOWS UP OR SOMETHING GOES WRONG, IT IS NOT A GOOD PLACE FOR RETAIL.

>> LET ME LOOK AT THE USE CHART FOR MEDIUM INDUSTRIAL.

>> THE APPLICANT IS HERE, SHAWN SMITH, DO YOU WANT TO SPEAK?

>> SHAWN SMITH, I OWN CRAFTED IMAGE OUT THERE THAT WE ARE TALKING ABOUT. THREE YEARS AGO WE WENT THROUGH THIS WHOLE PROCESS. I WANTED TO COME IN TOWN WITH IT, WE DISCUSSED IT, IT WAS SOMETHING NEW FOR THIS TOWN AND WEREN'T SURE HOW THAT WAS GOING TO WORK.

WE DECIDED TO GO OUT THERE WITH IT AND COME BACK LATER.

ONE THING, WE HAVE BEEN OUT THERE FOR THREE YEARS WITH NO ISSUES. IN THAT THREE YEARS, WE HAVE WON BEST IN THE COUNTY TWICE AND TOP THREE THE ONE YEAR WE DIDN'T WIN BEST. WE ARE DOING PRETTY GOOD.

I HAVE SOME OF THOSE SAME CONCERNS HONESTLY.

WE HAVE A LOT OF CHILDREN THAT COME TO US.

SHE HANDLES ALL THE PIERCING OF THE YOUNG CHILDREN.

AND THERE ARE TIMES THAT PEOPLE WILL SHOW UP TO THE BUSINESS, MESSAGE US, ARE YOU SURE, THIS SEEMS SHADY.

WE ARE AN UP AND UP BUSINESS. I COMPLETELY UNDERSTAND YOUR CONCERNS. THE CONCERN THAT I HAVE WOULD HAVE IN MY BUSINESS, WE HAVE SO MANY RESTRICTIONS ALREADY, THAT'S WHY WE ARE THERE. THE RESTRICTIONS ARE SO TIGHT.

ONLY ONE PERCENT OF THE TOWN WE CAN EVEN BE IN.

SO I THINK IF WE ARE GOING TO ADDRESS THAT THERE, I THINK I WOULD HAVE TO COME BACK IN HERE AND SEE IF I CAN MOVE SOMEWHERE ELSE. HONESTLY, WE WOULD LIKE TO IN

THE FUTURE. >> YOU WOULD LIKE TO BE IN A

RETAIL DISTRICT. >> YES, ABSOLUTELY.

>> I UNDERSTAND. >> ABSOLUTELY.

>> OKAY, QUESTIONS OF THE APPLICANT? ALL RIGHT, SIR, THANK YOU VERY MUCH.

>> THANK YOU VERY MUCH. >> LET THE RECORD SHOW BONNIE SMITH SUBMITTED A FORM IN SUPPORT.

AND YOU DID NOT WANT TO SPEAK, CORRECT?

>> NO. >> OKAY.

>> I WOULD MENTION THAT I AM A NEIGHBOR TO THIS GENTLEMAN IN THAT BUSINESS DISTRICT. I OWN BUSINESS PROPERTY OUT THERE. AND HE IS CORRECT.

I DON'T EVEN KNOW THEY HAVE BEEN OVER THERE.

THERE'S NOT ANY PROBLEMS WITH THEM AT ALL.

THEY HAVE BEEN GOOD NEIGHBORS. >> WE DO NOT HAVE ANYBODY ELSE THAT WISHES TO SPEAK. SIGNED UP.

SO I WOULD ENTERTAIN A MOTION TO CLOSE PUBLIC HEARINGS.

>> MOTION GRANTED. >> AMIGOS AND MOTION MADE.

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

>> SECOND. >> I HAVE A MOTION AND SECOND TO APPROVE AS PRESENTED BY STAFF. ANY OTHER DISCUSSION OR QUESTIONS? IF NOT, ALL IN FAVOR AYE.

ANY OPPOSED? IT IS UNANIMOUS.

[009 Conduct a public hearing and consider an application regarding +/-108.357 acres out of the J. Smith Survey, Abstract 971, requesting a change in zoning from an Agricultural (A) District to a Planned Development District to allow for single-family residential uses. The property is located at the northeast corner of Walnut Grove Road and Mockingbird Lane. (Z23-2022-91) APPLICANT HAS REQUESTED A CONTINUANCE.]

ITEM 009 IS CONTINUED, IS THAT CORRECT?

>> I HAVE A RENOTICE. WHAT WE WILL NEED TO DO IS CALL THE ITEM, OPEN THE PUBLIC HEARING AND CONTINUE THE PUBLIC

HEARING TO THE MAIN MEETING. >> OKAY.

009, CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION REGARDING +/-108.357 ACRES OUT OF THE J. SMITH SURVEY, ABSTRACT 971, REQUESTING A CHANGE IN ZONING FROM AN AGRICULTURAL DISTRICT TO A PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR SINGLE-FAMILY RESIDENTIAL USES. THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF WALNUT GROVE ROAD AND MOCKINGBIRD LANE.

I WOULD ENTERTAIN A MOTION TO CONTINUE THE PUBLIC HEARING.

>> I MAKE A MOTION TO CONTINUE THE PUBLIC HEARING AS REQUESTED.

>> SECOND. >> WE HAVE A MOTION AND SECOND TO CONTINUE PUBLIC HEARING. ANY QUESTIONS OR DISCUSSION? IF NOT, ALL IN FAVOR AYE. OPPOSED? IT IS UNANIMOUS. OKAY,

[010 Conduct a public hearing and consider an application relating to the use and development of 74.538± acres in the W. Rawls Survey, Abstract No. 932 requesting a change in zoning from Commercial (C) District and Planned Development No. 7 (PD-7) to Planned Development District No. 150 (PD-150) for Heavy Industrial (HI) uses. The property is located directly south of Old Fort Worth Road, west of U.S Hwy 67 and U.S Hwy 287 interchange (approx. 800 feet), and east of Ward Road (2,300 feet) (Case No. Z20-2022-076).]

010 CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION RELATING TO THE USE AND DEVELOPMENT OF 74.538+ ACRES IN THE W. RAWLS SURVEY, ABSTRACT NO. 932 REQUESTING A CHANGE IN ZONING FROM COMMERCIAL DISTRICT AND PLANNED DEVELOPMENT NO. 7 TO PLANNED DEVELOPMENT DISTRICT NO. 150 FOR HEAVY INDUSTRIAL

[00:45:01]

USES. THE PROPERTY IS LOCATED DIRECTLY SOUTH OF OLD FORT WORTH ROAD, WEST OF U.S HWY 67 AND U.S HWY 287 INTERCHANGE, APPROXIMATELY 800 FEET, AND EAST OF

WARD ROAD, 2,300 FEET. >> ON MARCH 15TH, THE COMMISSIN DID CONTINUE THE DISCUSSION TO PROVIDE THE APPLICANT MORE TIME TO PROVIDE A TRAFFIC IMPACT ANALYSIS FOR STAFF TO REVIEW.

HERE IS AN OVERVIEW OF THE SUBJECT PROPERTY.

I KNOW WE DID COVER A LOT OF THESE -- MANY OF THESE DETAILS LAST MONTH. AND I WILL GIVE YOU JUST AN OVERVIEW AS A REFRESHER. THE PROPERTY IS CURRENTLY ZONED COMMERCIAL. THERE IS SOME PLANNED DEVELOPMENT 7 INCLUDED IN THIS AREA.

PLANNED DEVELOPMENT 7 INCLUDES WAREHOUSE DISTRIBUTION USES.

THE COMMERCIAL SIDE DOESN'T. HENCE THE REASON WE ARE HERE TODAY. FUTURE LAND USE PLAN DOES SHOW AREAS WHAT WE CALL THE REGIONAL MODULE.

THIS MODULE GENERALLY CORRESPONDS WITH THE USES THAT FALL WITHIN GENERAL PROFESSIONAL, COMMUNITY RETAIL OR COMMERCIAL. DISTRIBUTION USES FALL MORE INTO THE INDUSTRIAL SIDE OF THINGS. SO NOT NECESSARILY CONSISTENT WITH OUR FUTURE LAND USE PLAN. THE CITY THOROUGHFARE PLAN DOES SHOW A MINOR COLLECTOR RUNNING THROUGH THIS CENTRAL AREA OF THE SUBJECT PROPERTY. THE APPLICANT HAS PROVIDED AN ALTERNATIVE ROUTE FOR THIS MINOR COLLECTOR, AS YOU CAN SEE ON THE SCREEN. YOU CAN FOLLOW MY CURSOR HERE, THIS IS THE 60-FOOT. OFFSET TO RUN ALONG THIS 80-FOOT MAJOR COLLECTOR AND THEN ULTIMATELY STILL CONNECT TO OLD FORT WORTH ROAD. STAFF HAS REVIEWED THE ALIGNMENT AND ALTHOUGH THE PROPOSAL DOES OFFSET THAT CONNECTION VERSUS DIRECT PATH, THE CONNECTION IS STILL BEING MADE.

SO YOU ARE STILL GETTING FROM POINT A TO POINT B.

THE SITE DOES INCLUDE TWO BUILDINGS, TOTALING OVER ONE MILLION -- OVER A MILLION SQUARE FEET WITH TRUCK COURT FOR TRACTOR-TRAILERS. I DID ADD ONE ADDITIONAL NOTE DOWN HERE. THE MAXIMUM LOT COVERAGE PERMITTED ON USUALLY WITHIN HEAVY INDUSTRIAL IS 85%.

APPLICANT IS ASKING TO INCREASE THAT TO 95% COVERAGE WITH THAT OPTION. THE LANDSCAPE PLAN DOES INCLUDE TREES ALONG OLD FORT WORTH ROAD AS WELL AS A VEGETATIVE SCREEN AGAINST THAT TRUCK OUTER AREA W. HERE'S HOW THE LANDSCAPING WILL SCREEN THE TRUCK COURT AREA FROM OLD FORT WORTH ROAD.

YOU HAVE TREES ALSO PLANTED IN THIS AREA.

WE WILL RUN THROUGH THE ELEVATIONS REAL QUICK.

YOU HAVE SEEN THIS DURING THE LAST MEETING.

GENERALLY SPEAKING, THEY DO INCLUDE SOME VERTICAL AND HORIZONTAL ARTICULATION. DOESN'T NECESSARILY APPLY OR ADHERING TO WHAT OUR BASE HORIZONTAL AND VERTICAL ARTICULATION REQUIRES. BUT IT IS MEETING SOMEWHAT OF THE INTENT OF IT. AND THIS BEING A PLANNED DEVELOPMENT, THEY ABSOLUTELY CAN WAIVER FROM THAT.

THE APPLICANT DID PROVIDE A SITE SPECIFIC TIA TO DETERMINE THE IMPACTS. ROADWAY ACCESS AND MOBILITY NEEDS. SO BASED ON THIS TIA, A TOTAL ANTICIPATED FULL BUILD OUT TRIP GENERATION OF 1,917 VEHICLES, VEHICLE TRIPS PER DAY WAS PROVIDED IN THAT TIA.

THAT'S ALL OUTLINED WITHIN THE STAFF REPORT.

WITH THAT HIGH OF A NUMBER, ALONG OLD FORT WORTH ROAD RKS, A MINIMUM, STAFF WOULD LIKE TO SEE APPLICANT ADHERING TO ALL SPACING CRITERIA WITH THE DRIVEWAYS, MEDIAN OPENINGS INSTALLED ALONG OLD FORT WORTH ROAD.

THE DEVELOPER WILL ALSO NEED TO INSTALL DESIGNATED LEFT TURN LANES AT ALL THOSE MEDIAN OPENINGS LEADING INTO THE DEVELOPMENT. A LOT OF THAT IS TAKEN CARE OF DURING THE CIVIL PROCESS BUT THAT'S JUST SOMETHING TO NOTE.

STAFF'S MAIN CONCERN IS THE REQUEST NOT CONFORMING TO THE FUTURE LAND USE PLAN OR THOROUGHFARE PLAN.

STAFF IS CONCERNED WITH INCREASED TRAFFIC ALONG OLD FORT WORTH ROAD AND INTERSECTION OF 287 AND OLD FORT WORTH ROAD.

STAFF IS RECOMMENDING DENIAL. WE DID SEND OUT LETTERS TO 200 FEET BUT WE DID NOT RECEIVE ANY RESPONSE BACK.

I STAND FOR QUESTIONS. >> CAN WE PUT UP --

[00:50:19]

>> SURE. THE FUTURE OF PROPOSED AREA.

THE -- AGAIN, YOU CAN SEE OLD FORT WORTH ROAD AND MAIN STREET, 287. HILLWOOD, FUTURE HILLWOOD DEVELOPMENT IS ALL WITHIN THIS LOCATION HERE.

>> THAT RUNS TWO SIDES OF THE PROPERTY.

>> THAT WOULD WRAP TWO SIDES OF THIS PROPERTY, THAT IS CORRECT.

>> HAS THERE BEEN A TRAFFIC STUDY DONE FOR THIS APPLICANT?

>> THERE ABSOLUTELY HAS, YES. AND THEIR RESPONSE IS, IF YOU LOOK AT ATTACHMENT NO. 6, SO WHAT THEY DID, THEY PROVIDED THAT TRAFFIC IMPACT ANALYSIS TO STAFF.

OUR ENGINEERING STAFF PROVIDED COMMENTS BACK TO THE APPLICANT AND THEN THE APPLICANT PROVIDED COMMENTS BACK TO OUR ENGINEERING STAFF. AND FOR THE MOST PART, AGAIN, THE APPLICANT IS IN AGREEMENT WITH THOSE IMPROVEMENTS THAT WE TALKED ABOUT ALONG OLD FORT WORTH ROAD REQUIRED IF HOME ZONE GETS APPROVED. YOU KNOW, I THINK FROM THE CITY'S PERSPECTIVE, AGAIN, THERE'S A LOT OF GROWTH THAT'S IN THIS AREA HAS GROWN VERY, VERY FAST.

WE HAVE WEST SIDE PRESERVES. WE HAVE HILLWOOD.

POSSIBLY HOME ZONE ON TOP OF THAT.

287 DOESN'T HAVE FRONTAGE ROADS. WE HAVE ONE SINGLE LANE OFF THAT OFF-RAMP. THOSE ARE CONCERNS.

THAT DOESN'T NECESSARILY MEAN THAT THESE FOLKS HAVE TO DO ANY OF THOSE IMPROVEMENTS. I THINK JUST IN THE LONG RUN, WE HAVE TO START THINKING ABOUT IMPROVEMENTS AT THAT

INTERSECTION OF 287. >> WHERE WOULD HOME GOODS BE GOING WERE THEY ALLOWED TO GO IN.

>> SAY THAT AGAIN, SIR. >> WHERE WOULD HOME GOODS BE GOING IF THEY WERE ALLOWED TO COME IN.

>> WHERE THEY WOULD ACTUALLY BE ACCESSING?

>> THE LOCATION THE PROPERTY, WHERE THEY WOULD BE.

>> ON THE OVERHEAD VIEW. >> RIGHT.

RIGHT IN THIS LOCATION RIGHT HERE IS WHERE THEY WOULD ACTUALLY BE ACCESSING THEIR PROPERTY.

RIGHT HERE. SO YOU MAY HAVE TRIPS COMING IN FROM 287 GOING NORTH, EXITING, AND THEN HEADING DOWN OLD FORT WORTH ROAD. SOUTHBOUND 287 AND EXITING TO OLD FORT WORTH ROAD. BACK TO THE SITE PLAN, REAL QUICK. SO THE SECOND BUILDING DOWN HERE ON THE SOUTH SIDE, THIS ROAD, EXTENSION OF EAST WARD ROAD.

I DON'T KNOW WHEN THAT IS GOING TO GET CONSTRUCTED.

THEY HAVE CONNECTION POINTS FROM BUILDING 1 TO BUILDING 2.

ONCE THE ROAD COMES INTO PLAY, THEY WILL HAVE ACCESS TO, I WOULD SAY, TO ENTER FROM BUILDING ONE DOWN TO BUILDING TWO AND STILL ACCESS TO 667. BUT AGAIN, AT THIS PARTICULAR POINT, ONLY BUILDING ONE IS IN THE PROCESS OF -- IF CONSTRUCTION IS GOING TO OCCUR, IT IS GOING TO BE BUILDING ONE AND EVERYTHING IS OFF OF ODD OLDFORT WORTH ROAD.

>> ARE WE STILL IN PUBLIC? GO AHEAD.

I'M ASSUMING, WILL WE BE HEARING FROM THE APPLICANT AGAIN TONIGHT POSSIBLY? I'M ASSUMING THEY ARE GOING TO HELP CONFIRM WHAT I THINK I REMEMBER.

FIRST OF ALL, I WAS SURPRISED THAT THEY HAVE A VERY LOW TRUCK IMPACT ON THIS FACILITY. I'M THINKING IT IS AROUND 40 A

DAY. >> LESS THAN THAT.

>> SO THAT'S WEAK. AND I'M THINKING THE ROADS ARE GOING TO MEET IMPROVEMENT FOR THE PRESERVE BEFORE THIS EVEN GETS DONE AS FAR AS REWORKING THE ROADS, AS FAR AS THE

QUALITY. >> I'M NOT EXACTLY SURE WHAT

THEIR TIME FROM A IS. >> THE MAIN THING WE WERE WAITING ON -- YOU ARE RIGHT. BUT THE MAIN THING --

>> WE WILL GET TO YOU IN A MINUTE, SIR.

>> THE MAIN THING WE WERE WAITING ON WAS THE --

[00:55:03]

>> TIA. >> STUDY? TRAFFIC STUDY? AND YA'LL -- HAVE YOU MENTIONED

THAT ALREADY? >> YES, SIR.

WE HAVE LOOKED AT IT. THE ONLY IMPROVEMENTS THAT WE WOULD EXPECT THE APPLICATION TO DO WOULD BE LEFT TURN LANES OFF OF OLD FORT WORTH ROAD AT ALL MEDIAN OPENINGS.

AT ANY OF THEIR OPENINGS THEY HAVE.

AGAIN, KEEP IN MIND, WHAT YOU ARE APPROVING TONIGHT IS A CONCEPTUAL PLAN. IT IS NOT THE DETAILED FINAL PLAN. HOPEFULLY IT ALL STAYS THE SAME.

BUT IF THERE'S A BIG CHANGE TO ANYTHING, I STILL WOULD HAVE TO

COME BACK AND AMEND THIS. >> WE HAVE A LOT OF LEEWAY TO

WORK WITH. >> ABSOLUTELY.

>> THEY JUST WANT TO GET ROLLING.

>> YEAH, WHAT I HEARD FROM ENGINEERING WAS, OBVIOUSLY, AS LONG AS THESE FOLKS ALSO WORK WITH WEST SIDE PRESERVES AS FAR AS WHERE THEY HAVE THEIR PROPOSED OPENINGS AND WHERE THEY HAVE THEIR PROPOSED DRIVES, ALL OF THESE -- EVERYTHING JUST

ALLIANCE. >> THEY ARE GOING TO CONFIRM IN A MINUTE, I'M THINKING IT IS A COUPLE OF YEARS BEFORE THEY ARE COMPLETE ANYWAY. WE WILL HEAR A LOT OF THIS.

BUT I THINK A LOT OF THIS TIES IN TOGETHER.

IT WILL BE INTERESTING TO SEE. >> YES, SIR.

>> ANY OTHER QUESTIONS OF STAFF? OKAY.

I HAVE GOT THREE FOLKS HERE. DID YOU FILL OUT A FORM, SIR?

>> I DID. >> MR.-- STATE OF STATE YOUR NAD

ADDRESS. >> MARCOS, GOOD EVENING, MY NAME IS MICHAEL CLARK. 6750 HILL CREST PLAZA SUITE 215, DALLAS, 75230. HINKLE AND ASSOCIATES.

I THINK MARCOS HAS DONE A GOOD JOB OF REMINDING EVERYBODY.

THIS IS HOME ZONE. >> SORRY ABOUT THAT.

>> PEOPLE LIKE THE NAMES, RIGHT? IT IS A FURNITURE DISTRIBUTION.

SO THE TRUCKS ARE VERY LIMITED AS MR. ADAMS SAID.

IT IS A VERY LIMITED AMOUNT OF TRUCKS.

I WOULD LIKE TO SAY THAT OUR TIA DIFFERENT WAY.

TIA INCLUDES -- THIS GETSZ TECHNGETSTECHNICAL.

THERE IS NO FURNITURE DISTRIBUTION IN THE MANUAL.

WE HAVE USED A REGULAR DISTRIBUTION FACILITY WHICH THIS IS EVEN LESS THAN THAT. SO OUR NUMBERS, WHICH I KNOW FOR ALL OF US, IT SOUNDS LIKE A TON OF NUMBERS.

IT IS REALLY NOT A LOT OF TRAFFIC.

UNFORTUNATELY, WHAT WE ARE EVALUATING RIGHT NOW IS A ROAD THAT'S UNIMPROVED. ANY DEVELOPMENT THERE IS GOING TO BE A LOT OF TRAFFIC ADDED TO THAT ROAD.

THIS FACILITY AND THE 20 ACRES TO THE SOUTH OF US GENERATES SIGNIFICANTLY LESS TRAFFIC THAN ANYTHING THE COMP PLAN MIGHT GENERATE, COMMERCIAL, OFFICE, RETAIL, THINGS LIKE THAT.

WHILE IT IS AN INCREASE IN TRAFFIC, SIGNIFICANTLY LESS THAN IT COULD BE. AND AS WE SAID, THIS IS A COUPLE YEARS DOWN THE ROAD BEFORE WE CAN EVEN HOPE TO OPERATE.

THE -- WE PLAN ON DEDICATING THE RIGHT-OF-WAY AS NECESSARY FOR OLD FORT WORTH ROAD TO BE IMPROVED.

MY UNDERSTANDING, THERE IS DISCUSSION WITH HILLWOOD TO OUR WEST FOR IMPROVEMENTS OFF SITE. THOSE HAVEN'T BEEN CULMINATED.

IF NOT, WE ARE PREPARED TO BUILD OUR SECTION OF OLD FORT WORTH LANE. WE UNDERSTAND WE CAN'T OPERATE THE WAY THE ROAD IS. MARCOS SAID THE IMPROVEMENTS NOTED AT THE FRONTAGE ROADS AND WHATNOT AND UNDERNEATH THE INTERCHANGES, THOSE EXIST TODAY. THE WEST SIDE -- I NEVER CAN REMEMBER. WEST SIDE PRESERVE INDICATED IN THEIR TRAFFIC STUDY, HILLWOOD INDICATED IN THEIR TRAFFIC STUDY, THOSE ARE EXISTING CONDITIONS.

WE HAVE VERY LITTLE IMPACT ON THAT.

I THINK THAT'S PRETTY MUCH WHAT I WOULD LIKE TO SAY.

BUT WE UNDERSTAND THAT THE ROAD NEEDS TO BE IMPROVED.

WE ARE IN AGREEMENT WITH STAFF'S COMMENTS ABOUT ALIGNING DRIVEWAYS, BUILDING MEDIAN OPENINGS, BUILDING TURN LANES, GETTING ALL THAT COORDINATED. AS MARCOS SAID, THIS IS A CONCEPT PLAN. WE THINK IT IS WHAT WE ARE GOING TO BUILD. HOME ZONE DOES PLAN ON OPERATING WITH CORPORATE OFFICES. IN ADDITION TO DISTRICT FACILITY, IT IS THEIR CORPORATE OFFICES.

20 ACRES, WE DON'T KNOW. THE SOUTHERN BUILDING, IT IS CONTEMPLATED AS IN THE FUTURE EVEN FAR BEYOND THAT.

SO THAT BEING SAID, I'M HAPPY TO ANY QUESTIONS.

WE RESPECTFULLY ASK FOR YOUR APPROVAL.

>> SO DO YOU FEEL COMFORTABLE WITH 40 TO 50 TRUCKS A WEEK.

>> THAT IS WHAT WE ANTICIPATE. >> YOU'RE COMFORTABLE THAT'S A

GOOD NUMBER? >> YES.

>> OTHER QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU, SIR.

>> THANK YOU. >> KIM WINS, IS THAT CORRECT?

[01:00:11]

>> HI, KIM WAINS, 641 HILANDER, SUITE 109.

I KNOW LAST TIME WE PRESENTED, WE ARE NOT GOING TO MAKE YOU GO THROUGH THE VIDEO AGAIN. WE ARE VERY PROUD.

I DO REPRESENT HOME ZONE AS THEIR REAL ESTATE BROKER AND HAVE WORKED HARD TO GET THEM TO CONSIDER THIS LOCATION AND EXCITED ABOUT THE CORPORATE OFFICE COMING WITH THE DISTRIBUTION CENTER. I THINK ONE OF THE THINGS THAT WE ALL NEED TO KNOW AS OUR COMMUNITY GROWS HERE, AS THESE SPEC BUILDINGS COMING UP ALONG 67, I WOULD REALLY LIKE YOU TO REALIZE, THIS ONE WE KNOW THAT WE ARE GETTING.

ON THE OTHER ONES, THE SPEC BUILDINGS, YOU DON'T REALLY HAVE CONTROL OF THAT. AND NOT ANY PROBLEMS WITH THOSE TENANTS, WE ARE CONCERNED WITH THE AMAZON POPPING UP.

YOU KNOW WHAT YOU ARE GETTING HERE WITH JASON ADAMS AND WITH HOME ZONE FURNITURE. FURNITURE DOES NOT TURN RAPIDLY LIKE MOST WAREHOUSES. IT IS A SLOW PROCESS.

I VENTURE TO SAY MORE OFFICE EMPLOYEES BEING EMPLOYED THERE THAN THERE WILL BE TRUCKS BY A LONG SHOT.

WE ARE EXCITED ABOUT GOOD-PAYING JOBS COMING HERE.

OUR AGREEMENT TO WORK WITH THE HIGH SCHOOL AND TECH SIDE.

MR. ADAMS IS BIG ON BRINGING HIGH SCHOOL KIDS IN FOR TRAINING AND FUTURE EMPLOYMENT WITHIN THE COMPANY.

THAT'S ONE THING AS A RESIDENT OF MIDLOTHIAN FOR HIS COMMITMENT TO BE A GREAT COMMUNITY LEADER. THANK YOU.

>> JASON ADAMS. IF YOU WOULD, STATE YOUR NAME

AND ADDRESS. >> JASON ADAMS, 4106 FLOWER GARDEN. IF YOU RECALL, LAST TIME, I'M THE OWNER OPERATOR HERE. THIS IS A BIG DEAL FOR US.

WE SPENT OVER A YEAR GETTING TO THIS POINT.

HAPPY TO ANSWER ANY QUESTIONS. WE ARE LOW IMPACT.

I WANT TO BE CLEAR, 40 OR 50 A WEEK, THAT'S INCOMING.

THERE'S THEORETICALLY EQUIVALENT OUT GOING.

I DON'T WANT TO PULL ANY PUNCHES, BE FULLY TRANSPARENT.

BUT IT IS PRETTY LOW IMPACT, LOW TURN.

WE ARE BIG BULKY ITEMS, SO WE TAKE UP A LOT OF SPACE BUT WE DON'T MOVE THEM REAL QUICKLY. I THINK BEING PART OF THE COMMUNITY IS, AS KEN SAID. MY WIFE AND I HAVE LAND UNDER CONTRACT. WE WANT TO MOVE HERE AND BUILD A HOUSE AND BE ACTIVE IN THE COMMUNITY AS WELL.

THAT'S IMPORTANT TO US AS WELL. I CAN ANSWER ANY QUESTIONS FOR

YOU. >> HOW MANY EMPLOYEES ARE YOU

GOING TO HAVE? >> KIM, DID YOU BRING THAT STAT.

WITH YOU? 150.

>> AND SHIPPING AND RECEIVING, ARE YOUR NORMAL BUSINESS HOURS

OR 24 HOURS? >> WE WILL RUN 24 HOURS 7 DAYS.

AND ABOUT 75% OF WHAT WE RECEIVE IS ACTUALLY 40-FOOT CONTAINERS, NOT 53-FOOT TRUCKS. THAT NUMBER I'M GIVING IS 40-FOOT CONTAINERS. WHICH MAY SEEM LIKE THE SAME THING, THEY ARE A LITTLE LESS DESTRUCTIVE ON THE TURNS AND STUFF. AND THEN OUT GOING IS ALMOST ALL 26-FOOT DELIVERY TRUCKS. SO IT IS NOT A LOT OF TRUCKS OUT GOING. IT COMES IN CONTAINERS.

WE PROCESS AND PUT IT ON A DELIVERY TRUCK.

>> ANY OTHER QUESTIONS FOR MR. ADAMS?

THANK YOU VERY MUCH, SIR. >> THANK YOU FOR YOUR

CONSIDERATION. >> DOES STAFF HAVE ANYTHING ELSE AT THIS POINT? I WOULD ENTERTAIN A MOTION TO

CLOSE THE PUBLIC HEARING. >> MATION MAKE A MOTION TO CLOS.

>> SECOND. >> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION? ALL IN FAVOR, AYE. OPPOSED? OKAY, FLOOR IS OPEN FOR DISCUSSION AND/OR ACTION.

>> ONE THING. I JUST DON'T WANT ANYBODY TO FORGET ABOUT THE MAXIMUM LOT COVERAGE REQUEST.

IN YOUR ORDINANCE, WE HAVE IT WRITTEN AT 85% MAX COVERAGE.

THAT'S STANDARD FOR ANYTHING THAT IS HEAVY INDUSTRIAL.

[01:05:03]

THE APPLICANT WAS SEEKING 95%. THEY COULD COVER UP TO 95% WITH CONCRETE, LEAVE ABOUT 5% FOR GRASS.

LIKE PERMEABLE AREA. WE DON'T AGREE WITH THAT.

WE WOULD RATHER JUST KEEP TO THE 85% THAT'S OUR STANDARD IN HEAVY

INDUSTRIAL DISTRICT. >> OKAY.

YES, SIR. IF YOU WOULD COME BACK.

>> THANK YOU VERY MUCH. I DO REMEMBER -- YOU GET UP HERE AND YOU DON'T REMEMBER EVERYTHING.

WE ARE OKAY WITH 85%. PARTICULARLY WITH THIS TRACT WITH THE ANGLES AND LITTLE BIT OF FLOODPLAIN AT THE CORNER AND GAS EASEMENT RUNNING THROUGH. 95% WAS CARRIED OVER FROM THE HILLWOOD P.D. IF YOU WILL. WE CAN ACCEPT 85% AS STAFF

RECOMMENDS. >> THANK YOU, SIR.

>> THANK YOU. >> DISCUSSION?

>> MAKE A MOTION TO APPROVE WITH THE LOT COVERAGE PERMITTED AT

85%. >> SECOND.

>> I HAVE A MOTION AND SECOND. ANY QUESTION OR DISCUSSION?

>> ARE THERE ANY OTHER STAFF SUGGESTIONS OR REQUIREMENTS.

IN OTHER WORDS, WE'RE APPROVING THIS AS STAFF RECOMMENDS WITH

THE 85%. >> STAFF RECOMMEND NOT --

>> I APOLOGIZE. I DIDN'T -- WELL, I'M GOING TO SECOND THE APPROVAL AT THE 85%, WHICH STAFF REQUESTS.

SO I SECOND THAT. >> CAN WE PUT THE SLIDE BACK UP THERE THAT SHOWED WHAT STAFF'S ISSUES WERE.

>> KEEP IN MIND, THE TOP ITEMS, WHAT WE CAME OUT WITH LOOKING AT THE TIA. THE TIA, AGAIN, LOOKING AT IT FROM THE TRAFFIC IMPACT SIDE. WE WOULD EXPECT THESE ITEMS TO BE FOLLOWED THROUGH. WHEN THEY PROVIDE THOSE CIVIL PLANS, THOSE WILL BE THE REQUIREMENTS THAT ENGINEERING IS ALSO GOING TO REQUIRE AS WELL. OUR CONCERNS FELL DOWN HERE WITH NOT BEING CONSISTENT WITH THE FUTURE LAND USE PLAN, THOROUGHFARE PLAN AND THEN EXISTING ROAD CONDITION IN THE AREA AS WELL AS THE INCREASED TRUCK TRAFFIC IN THAT AREA.

>> I ASKED FOR THAT BACK UP THERE BECAUSE I GUESS THAT'S MY HANGUP ON THIS. I THINK THESE PEOPLE WOULD BE GREAT FOR OUR COMMUNITY AND I WOULD LOVE TO SEE THEM COME HERE. I, FOR ONE, AM NOT GOING TO VOTE IN FAVOR OF THIS BECAUSE WE CONSISTENTLY TALK ABOUT CHANGES BEING MADE, THINGS THAT DON'T CONFORM TO THE LAND USE PLAN, DON'T CONFORM TO THE THOROUGHFARE PLAN AND WE APPROVE THOSE THINGS. PERSONALLY SPEAKING, I WILL VOTE AGAINST THAT. THAT'S MY CONCERN.

>> DOES STAFF HAVE ANY -- LET'S TAKE, FOR INSTANCE, THE PRESERVE, SOME OF THAT OTHER RESIDENTIAL THAT IS GOING ON DOWN THIS ROAD. BECAUSE THE TRUCK TRAFFIC DID ENTER MY MIND, AS I THOUGHT ABOUT IT FURTHER.

I KNOW WITHIN MY OWN RESIDENTIAL AREA, THE NUMBER OF TRUCKS AND VANS I SEE ROLLING THROUGH FOR RESIDENTIAL NEED, DELIVERY NEED ON A WEEKLY BASIS, DO WE KNOW HOW MANY TRUCKS PRESERVE? I'M TRYING TO WRAP MY BRAIN AROUND, THEY CLAIM THEY WILL HAVE 40 TO 50 TRUCKS A WEEK. FOR ALL I KNOW, DEVELOP DEVELOPS BIG AS THE PRESERVE WILL HAVE 30 TO 40 TRUCKS A WEEK, THEIR LOWE'S, HOME DEPOT. I DON'T KNOW THE ANSWER TO THAT.

>> YOU MEAN -- >> 600 HOMES.

YOU COULD BE FREQUENT, HOME DEPOT, LOWE'S.

>> NOT ONLY THEM. IF A VANS FOR FURNITURE, STUFF GOING ON THERE. I GUESS WHAT I'M KIND OF BASING MY THOUGHT PROCESS OFF OF IS THIS IS KIND OF A -- I FEEL AS THOUGH THIS WILL BE A GOOD CLEAN CRISP LOOK COMING IN.

IT IS NOT AS THOUGH IT IS SITTING IN THE MIDDLE OF A RESIDENTIAL ZONE. THE OTHER MAIN THING TO LOOK AT ALONG THE HIGHWAYS, I KNOW WHAT KIND OF APPLICATIONS WE HAVE HAD AND WE HAVE HAD A LOT OF APPLICATIONS FOR A LOT OF BIG STORAGE, WHICH IS -- YOU HAVE GOT THESE LARGE BUILDINGS WITH TEN FORKLIFT DRIVERS INSIDE. THEY LOAD PRODUCE.

I LOOK AT THIS AS A CORPORATE SETTING WHICH KIND OF FOCUSES

[01:10:04]

ITSELF AROUND -- AND IT IS ALSO, WHEN YOU GET DOWN TO IT, A

FAMILY-OWNED BUSINESS. >> OWNER OPERATED.

>> AND IT IS NOT JUST BIG STORAGE -- I'M NOT SAYING THERE'S ANYTHING WRONG WITH THAT, EITHER.

BUT THIS FITS. WHEN WE TALK ABOUT HAVING BUSINESSES CLOSER TO DOWNTOWN TO HELP SUPPORT OUR DOWNTOWN RESTAURANTS THAT WE HAVE HERE AND WHATNOT.

WE NEED THIS TYPE OF JOBS TO SUPPORT WHAT WE HAVE GOING ON DOWNTOWN WHICH THEY ARE GOING TO RIGHT UP THE HILL AND DO IT.

I AM TOTALLY WITH WHAT THE CHAIRMAN MENTIONED, IT CONCERNS ME ANY TIME WE ARE LOOKING OUTSIDE THE CONCEPT -- EXCUSE ME, THE MODULES. THIS ONE IS ENOUGH, CLOSE ENOUGH IN ON THE HIGHWAY, I FEEL A LITTLE BIT MORE COMFORTABLE WITH IT. THAT'S JUST ME TALKING.

>> I AGREE WITH YOU COMPLETELY. I FEEL LIKE WE KIND OF GOT PUSHED INTO A CORNER HERE WITH THE HIGHWAYS COMING TOGETHER.

AND OUR FUTURE PLANS, ADJUST THEM A LITTLE BIT WITH WEST SIDE PRESERVE. THEY HAVE POINTED OUT AND HAVE CHANGED THINGS TO CONDENSE THEIR RETAIL SECTION.

BUT I THINK IN THIS AREA, I THINK THE RETAIL IS BETTER PUSHED UP TO 287 WHERE THEY ARE PLANNING ON IT AND NOT HIDDEN BACK HERE IN THE CORNER. SO I I THI THINK THIS IS A BETTE FOR THIS ESPECIALLY BEING ADJACENT TO HILLWOOD

DEVELOPMENT. >> WE DO HAVE A MOTION AND A SECOND ON THE FLOOR TO APPROVE. IF THERE'S NO FURTHER DISCUSSION, ALL IN FAVOR OF THE MOTION AYE.

OPPOSED. NO.

IT DOES PASS 6-1. ITEM 011 VEE AND DISCUSS

[011 Review and discuss proposed amendment to the Midtowne Master Plan relating to +/-67.098 acres within Planned Development 42 (PD-42). No action will be taken on this agenda item. (Z22-2022- 88)]

PROPOSED AMENDMENT TO THE MIDTOWNE MASTER PLAN RELATING TO +/-67.098 ACRES WITHIN PLANNED DEVELOPMENT 42.

NO ACTION WILL BE TAKEN ON THIS AGENDA ITEM.

>> COMMISSIONER, THANK YOU VERY MUCH.

THE APPLICANT HAS REQUESTED A CHANGE TO MIDTOWN AND MIDTOWN HAS BEEN ONE OF OUR BIG DEVELOPMENTS FOR THE PAST 15 YEARS. SO RATHER THAN THIS GO DIRECTLY TO PUBLIC HEARING AND VOTE AND EVERYTHING, I WANTED HIM TO COME FORTH BEFORE THE COMMISSION, EXPLAIN WHAT HE IS DOING, GET YA'LL'S INPUT AND ALL THAT STUFF.

DO NOTE THAT THIS IS NOT BEEN POSTED AND IT HAS NOT -- NOBODY HAS BEEN NOTIFIED. SO WE ARE NOT GOING TO HAVE MUCE SAYING YAY OR NAY. WHEN WE DO POST AND WE DO NOTIFY, THERE PROBABLY WILL BE PEOPLE HERE TO SPEAK ON OR

AGAINST THE BEHALF. >> SO IF YOU WOULD, AGAIN,

IDENTIFY YOURSELF. >> SURE.

SHANE FEEMSTE, 431 MCALPIN ROAD.

APPRECIATE THE OPPORTUNITY TO COME BEFORE YA'LL WITH THE MUCH-ANTICIPATED MASTER PLAN FOR MIDTOWNE.

THE UPDATED MASTER PLAN. I HAVE GOT A LOT OF DETAILS IN THIS PRESENTATION FOR A PUBLIC HEARING.

TONIGHT I WILL BRIEFLY JUST GO THROUGH IT QUICKLY.

AND THEN I CAN ANSWER ANY QUESTIONS AND WE CAN GET INTO AS MUCH DETAIL AS YA'LL WANT. MIDTOWNE IN 2007 WAS APPROVED AS PD42. JUST REAL QUICKLY, I WILL GO OVER WHAT'S CURRENTLY UNDER CONSTRUCTION IN MIDTOWNE AND APPROVED TO DATE. THIS IS PHASE 8 AND PHASE 9, ALL RESIDENTIAL LOTS CURRENTLY UNDER CONSTRUCTION.

THE VICINITY MAP OVER HERE. PHASE 8 IS THE NORTHERNMOST PARCEL OF MIDTOWNE. THEN PHASE 9 HERE, WHICH IS SOUTH OF THE CPA AND NORTH OF DILLON ROAD WHICH IS ALSO CURRENTLY UNDER CONSTRUCTION. WE HAVE THESE GOING ON NOW.

THERE'S 9 LOTS IN PHASE 8. 38 LOTS IN PHASE 9.

THE SKILLED NURSING FACILITY, WHICH IS HERE RIGHT ACROSS THE STREET FROM THE HIGH SCHOOL, YOU CAN SEE IT UNDER CONSTRUCTION CURRENTLY. UPDATED PICTURES.

DILLONWAY ALSO CURRENTLY UNDER CONSTRUCTION, THE MAJOR CONNECTOR FROM 9TH TO 14TH. THIS PICTURE WAS ABOUT A WEEK OLD. I WILL TAKE ANOTHER ONE FOR THE PUBLIC HEARING. BUT ALL THIS IS NOW CURRENTLY PAVED. THAT'S THE ROTUNDA TO THE HIGH

[01:15:01]

SCHOOL THERE. THE GROWING IN GRACE DAY CARE WHICH YOU RECENTLY APPROVED ABOUT A MONTH OR SO AGO, APPROVED THROUGH CITY COUNCIL, THAT'S JUST SOUTH OF THE SKILLED NURSING FACILITY. THIS IS THE HIGH SCHOOL HERE OFF OF 9TH. SKILLED NURSING, THIS IS UNDER PLANNED PRODUCTION NOW. WE PLAN TO START CONSTRUCTION ON IT PROBABLY MID-JUNE, HOPEFULLY. ALL THINGS PENDING.

AND THEN PART OF THIS CONSTRUCTION WILL BE THE PUBLIC RIGHT-OF-WAY, ACCESS ROAD HERE THAT COMES IN AND CONNECTS INTO THE SKILLED NURSING AND THE DAY CARE SITE, WHICH WE TALKED QUITE A BIT ABOUT DURING THE PUBLIC HEARING FOR THE DAY CARE.

SO NEXT, THIS IS THE ORIGINAL 2007 APPROVED MASTER PLAN.

MIDTOWNE IS 131 PLUS ACRES, 64 PLUS ACRES IS CURRENTLY DEVELOPED. 67 ACRES IS UNDEVELOPED WITH WHICH WE WILL DISCUSSING IN THIS NEW MASTER PLAN.

THAT'S WHAT WE ARE UPDATING WITH THE REVISED MASTER PLAN.

SO WE ARE ABOUT 50% BUILT OUT IN MIDTOWNE.

IN THE ORIGINAL APPROVED, THIS IS RESIDENTIAL DENSITY ONLY.

WE HAD 449 APPROVED RESIDENTIAL LOTS.

THAT'S SINGLE FAMILY, WORK/LIVE AND FLATS OVER RETAIL.

CURRENTLY THERE'S 157 LOTS THAT ARE BUILT AND ALLOCATED FOR.

SO WE HAVE A TOTAL REMAINING, IN THE ORIGINAL PD OF 292 LOTS.

>> THTHI.THIS IS A COMPARISON OE ORIGINAL PLAN VERSUS WHAT WE ARE PROPOSING. THERE IS A LOT OF INFORMATION.

THE EASIEST WAY FOR ME TO SHOW EXISTING VERSUS PROPOSED IS I BROKE IT OUT INTO SIX DIFFERENT MODULES AND THAT'S THE 67 ACRES THAT'S STILL REMAINING TO BE BUILT.

I WILL GO THROUGH AND SHOW YOU WHAT WAS ORIGINALLY APPROVED PER MODULE AND WHAT WE ARE PROPOSING PER MODULE.

I THINK YOU WILL FIND IT IS NOT THAT MUCH DIFFERENT BUT IN THE UPDATED PLAN THERE'S 67 ACRES. WE ARE REQUIRED TO BUILD TWO ADDITIONAL PARK WHICH IS INCORPORATED IN THE NEW PLAN.

IN THE ORIGINAL 2007 PLAN, WE HAD A LITTLE OVER 11 ACRES OF GREEN SPACE. IN THE NEW ONE, WE HAVE A LITTLE OVER 12. WE EXCEED NOT QUITE AN ACRE, BUT HE CAN SEED THE GREEN SPACE REQUIREMENTS IN THE NEW PLAN.

AGAIN, RESIDENTIAL LOT DENSITY, WE HAVE PRE-APPROVED 292 LOTS REMAINING IN THE CURRENT PD. WE ARE PROPOSING ONLY 247 LOTS SO WE ARE ACTUALLY REDUCING THE DENSITY IN THE NEW PLAN BY 45 LOTS. WHICH I THINK WAS THE CONCERN IN PREVIOUS DISCUSSIONS WITH THE COMMISSIONERS.

SO THESE ARE THE MODULES I WAS REFERRING TO.

SO WE WILL START WITH MODULE A. I WILL GO THROUGH THIS QUICKLY AND THEN WE CAN COME BACK FOR QUESTION AND ANSWER.

MODULE A IN THE ORIGINAL-APPROVED PLAN, WHICH THIS IS GEORGE HOPPER, THIS IS 14TH.

SO THIS IS WHERE FUZZY'S, THE FOUR PLEXES, THOSE DEVELOPMENTS ARE. SO THE ORIGINAL APPROVED PLAN IN 2007, THIS WAS SLATED FOR RETAIL ON THAT HARD CORNER.

THESE WERE BROWN STONES OR TOWN HOMES IN THE BACK WITH OFFICE.

IN THE PROPOSED PLAN, AGAIN, WE HAVE FUZZY'S.

WE ARE REDUCING THE RETAIL. WE ARE NOT ADDING ANY MORE RETAIL THERE. IN THE BACK, INSTEAD OF DOING BROWNSTONES, WE ARE REPLACING THOSE WITH WORK-LIVE UNITS.

WE HAVE SOME ALLOCATED FROM THE ORIGINAL PD.

WE ARE REDUCING THE DENSITY. INSTEAD OF HAVING EIGHT TOWN HOMES, COMING BACK WITH FIVE WORK-LIVE UNITS.

THE WORK-LIVE UNITS ARE SINGLE FAMILY IN THE REAR, SMALL OFFICE IN THE FRONT. SO THEY ARE A LOW IMPACT.

THEN WORK-LIVE ALONG 14TH STREET.

RIGHT NOW, THIS CONNECTOR ROAD, FIRE LANE REALLY, STOPS RIGHT HERE. WE ARE PROPOSING TO CONNECT IT BACK AROUND TO SKY LANE AND ALSO IF YOU WILL NOTICE IN THE ORIGINAL PD, SKY CONNECTED ALL THE WAY THROUGH TO 14TH.

WHICH I KNOW IN PREVIOUS DISCUSSIONS THAT WAS A CONCERN WITH STAFF -- OR WITH THE COMMISSIONERS NOT CONNECTING THAT ROAD, SO WE ARE PROPOSING TO GO AHEAD AND DO THAT.

WE WILL CONNECT SKY INTO 14TH. IT DOES EXCEED THE REQUIREMENTS

[01:20:02]

FROM ENGINEERING AS FAR AS SEPARATION FROM GEORGE HOPPER TO ANOTHER PUBLIC RIGHT-OF-WAY. SO IN DOING THAT, THAT WILL RELIEVE TRAFFIC FLOW, ADDS MORE PARKING, AND THEN THESE ARE MORE WORK-LIVE UNITS. NO PARKING ON 14TH.

IT IS ALL SELF-CONTAINED INSIDE. WITH THIS PLAN, WE DO HE CAN SEED THE REQUIRED PARKING COUNTS FOR MODULE A.

MODULE B AND C, WHICH IS JUST SOUTH OF GEORGE HOPPER, ACROSS THE STREET, IN THE ORIGINAL PLAN, THAT'S WHERE THE ASSISTED LIVING CENTER AND ONE OF THE PARKS WAS LOCATED.

I WILL SHOW YOU IN THE NEXT SLIDE HOW -- WHAT WE ARE DOING HERE. BUT ON WHAT WE ARE CURRENTLY PROPOSING IS MICRO RETAIL ON THE HARD CORNER OF 14TH AND GEORGE HOPPER. AGAIN, SELF-CONTAINED PARKING WITH THIS CURRENT PLAN, WE DO MEET PARKING REQUIREMENTS.

BACK BEHIND THE PHARMACY, THIS LAND WE NO LONGER OWN.

IT IS SOLD BUT I'M REPRESENTING THEM AS WELL.

THIS WILL BE FL FLATS OVER RETA. SIMILAR TO THE FOUR-PLEXES.

THIS WILL MOST LIKELY BE RETAIL. THE OTHER ONES WILL BE OFFICE WITH RESIDENTIAL LOFTS ABOVE. SO CURRENT APPROVED PLAN, ASSISTED LIVING, DOING RETAIL, WORK-LIVE AREA.

ON THE ORIGINAL APPROVED PLAN, THE RETAIL WAS HERE, WHICH IS WHERE THE ASSISTED LIVING IS NOW ON THE 9TH STREET SIDE, ASSISTED LIVING ON THE 14TH STREET SIDE. ALL WE DID WAS FLIPPED THESE TWO. CURRENT ASSISTED LIVING IS HERE, WHERE THE RETAIL IS SHOWN. WE MOVED THE RETAIL TO THIS HARD CORNER WITH THE WORK-LIVE BEHIND IT.

AGAIN, THE WORK-LIVE, WE ARE NOT EXCEEDING WHAT WE HAVE ALREADY BEEN APPROVED FOR IN THE ORIGINAL PD.

SO MODULE D AND MODULE E, AND MARCOS CAN SPEAK A LITTLE BIT MORE DETAIL ON MODULE D. SOMEHOW IN THE ORIGINAL APPROVED IT WAS NOT INCLUDED IN THE PD42. IT GETS COMPLICATED.

THERE WAS A DEAL WE HAD WORKED OUT WITH THE CHURCH HERE WHERE WE WERE GOING TO TAKE OVER THIS PARKING LOT WHERE THE PUMPKIN PATCH IS AND WE WERE GOING TO TAKE OVER WHAT I'M CALLING MODULE D, A LAND SWAP. AND THE CHURCH DECIDED NOT TO DO IT AT THE LAST MINUTE. SO MODULE D HERE IN THE ORIGINAL MASTER PLAN WAS NOT ALLOCATED EVEN THOUGH IT REALLY IS PART OF OUR LAND. SO WE HAVE TO WORK THROUGH THAT WITH STAFF. BUT CANNIO CANYON CREEK, ORTHODT IS HERE. THIS LAND WE NO LONGER OWN.

IT HAS BEEN SOLD. BUT I'M REPRESENTING THEM HERE TONIGHT. WE ARE LOOKING AT TWO 4,000 SQUARE FEET OFFICE SUITES. 4,000 SQUARE FEET BUILDINGS WITH SMALL OFFICE SUITES. IF YOU REMEMBER, THIS IS WHERE I ORIGINALLY PROPOSED THE TOWN HOMES THAT WE PULLED.

SO LOW IMPACT USE ON THIS PROPERTY.

AND WE EXCEED THE PARKING REQUIREMENTS HERE.

WE DID THAT ON PURPOSE IN ORDER TO ALLEVIATE THE PARKING ISSUES THAT THEY HAVE UP HERE UP FRONT. WE ARE HEAR FROM THE TENANTS, IT IS CONSTRICTED AREA. THERE'S OVERPARKED, PEOPLE PARKING IN THE FIELD. SO WE ADDED ADDITIONAL PARKING TO HELP THE TENANTS ALLEVIATE THAT.

SO THAT'S HERE IN MODULE D. MODULE E, WHICH IS, AGAIN, THIS IS DILLON WAY CURRENTLY UNDER CONSTRUCTED, ASSISTED LIVING EXIST BEING. EXISTING.

THIS IS THREE ACRES ACROSS FROM THE HIGH SCHOOL.

IN THE ORIGINAL MASTER PLAN, THIS WAS SINGLE FAMILY.

WE ARE PROPOSING SOME TOWN HOMES, 11 OF THEM, ON THIS SINGLE FAMILY TRACT. THEN THIS WOULD BE MIXED USE OFFICE RETAIL ON 9TH AND DILLON. NZ RTHIS IS THE REMAINING ACREAE FROM DILLON WAY TOP ENCORE POWER STATION.

THE EXISTING SIDEWALK THAT CONNECTS 9TH TO 14TH.

THIS IS WHERE I WAS TALKING ABOUT EARLIER ABOUT THE SCREENING REQUIREMENTS. NOT A HUGE ISSUE WITH US, BUT WE JUST WANTED TO BRING IT UP. SO THIS IS THE DON FLOYD

[01:25:01]

CONNECTOR ROAD THAT WAS ORIGINALLY APPROVED IN THE 2007 CONCEPT. DON FLOYD, GOING TO THE HOSPITAL, ALL THE WAY OVER TO 9TH.

IT IS 90-FOOT BOULEVARD, PART OF THE ORIGINAL PD, WE ARE KEEPING THAT IN PLACE. ORIGINALLY WE HAD HAD SOME CONVERSATIONS OF TRYING TO ELIMINATE THAT.

IT IS NOT REQUIRED PER THE TRAFFIC ANALYSIS THAT WE HAD DONE ON THE PROPERTY BUT IT IS PART OF THE THOROUGHFARE PLAN.

SO WE ARE NOT GOING TO TAKE ISSUE WITH THAT.

WE WILL PUT THAT IN, FROM DON FLOYD ALL THE WAY OVER TO 9TH.

ORIGINALLY, WE HAD OFFICE ON THE 9TH STREET SIDE.

WE ARE ASKING TO MOVE THAT OVER TO THE 14TH STREET SIDE TO CONNECT THE HOSPITAL, NEW BALL FIELDS, COMMUNITY CENTER.

WE ARE GETTING A HUGE DEMAND FOR MEDICAL OFFICE USES, DOCTORS THAT ARE WORKING AT THE HOSPITAL WANT TO OFFICE, THEIR PROFESSIONAL OFFICE CLOSER TO THE HOSPITAL.

SO A LOT OF THIS IS GOING TO BE PROPOSED AS MEDICAL OFFICE USE.

THE TOWN HOMES ALONG HERE, WE KEPT SOME OF THEM.

AND THEN THE SCHOOL SITE, WE ARE TAKING THAT AND MOVING IT HERE.

AGAIN, CONVERTING WHAT WAS THE SCHOOL SITE, MISD WAS GOING TO PURCHASE THIS FROM MIDTOWNE FOR GR IRVING AND THEY ENDED UP GOING ACROSS BY THE BASEBALL FIELDS.

PER THE ORIGINAL PD, THERE ARE SOME RESTRICTIONS.

LIKE A CHURCH, INDUSTRIAL INSTITUTIONAL USE, CAMPUS OFFICE COMPLEX. WE ARE ASKING FOR A VARIANCE ON THAT TO OPEN IT UP TO ALLOW SOME MORE MEDICAL OFFICES, MAYBE A LITTLE BIT OF RETAIL ALONG 14TH STREET.

JUST TO OPEN UP THAT USE VERSUS JUST 4, 5 THAT'S IN THE CURRENT PD. AS FAR AS THE ACREAGES IS CONCERNED, IT IS THE SAME. IT IS AN EIGHT-ACRE SITE.

THE SCHOOL SITE HERE IN THE MIDDLE IS ALLOCATED AS 8 ACRES.

WE ARE MOVING THAT 8 ACRES HERE. AGAIN, AS FAR AS THE GREEN SPACE, WE DO EXCEED THE GREEN SPACE REQUIREMENTS IN THE NEW PD. PART OF THAT IS THIS BIG GREEN BELT THAT COMES RIGHT DOWN ABIGAIL WAY.

THIS IS THE CENTRAL FOCAL POINT OF THE DEVELOPMENT.

WE WIDENED, IT INCREASED IT. WE ARE ADDING TWO PARKS, ONE PARK HERE WHICH I WILL SHOW ANOTHER SLIDE AND ANOTHER PARK HERE. AND THIS GREEN SPACE HERE WILL BE OPEN FIELD, OBVIOUSLY LANDSCAPED, BUT OPEN FIELD FOR PICKUP SOCCER GAMES, PICKUP FOOTBALL GAMES, WHATEVER THE KIDS WANT TO ENJOY AND RESIDENTS WANT TO ENJOY WALKING THE DOGS.

THERE WILL BE SIDEWALKS AND TRAILS COMING DOWN THROUGH HERE.

AS WELL AS THE GREEN SPACE ALONG 14TH AND ALONG 9TH.

MR. RODGERS, WE HAD TALKED BEFORE ABOUT THE SLIP ROADS.

THERE ARE TWO SLIP ROADS. ONE DOWN 14TH AND ONE DOWN 9TH.

THE WHOLE INTERIOR, THIS IS A TOTAL OF -- WELL, THE RESIDENTIAL IS 48.5 ACRES. THEN WE HAVE GOT 8 ACRES DEVELOPED. THE REST OF IT IS ROADS AND THEN DON FLOYD. ALL OF THIS WILL BE SINGLE FAMILY WHICH, AGAIN, IS PER THE ORIGINAL PD.

SO ON THIS 48.5 ACRES, AGAIN, THE PARK WHICH WE ARE PROPOSING HERE AND HERE, WHICH AGAIN IS PER THE APPROVED PD.

THIS IS KIND OF A BREAKDOWN OF THE RESIDENTIAL LOTS.

THE WORK-LIVE AND FLATS OVER RETAIL ARE ON THE OTHER PORTIONS THAT I SHOWED EARLIER. SO THIS IS JUST THE SINGLE FAMILY LOTS. CURRENTLY REMAINING IS WHAT I HAVE HERE. SO ESTATE LOTS, 26, TOWNSHIP 71, VILLAGE -- BROWN STONES 56. THAT'S WHAT WE ARE CURRENTLY ALLOWED TO DO ON THE REMAINING PROPERTY PER THE ORIGINAL PD.

IN THIS PLAN, WE ARE ASKING TO REDUCE THE ESTATE LOTS TO 4.

AGAIN, THAT'S JUST MARKET DRIVEN.

TOWNSHIP 36, VILLAGE 78, COTTAGES 55, AND BROWNSTONE 55.

SO WE ARE NOT INCREASING ANY OF THE TOWNHOMES.

REALLY ONLY INCREASES THE COTTAGES.

AGAIN, THAT'S BECAUSE OF MARKET DEMAND.

PEOPLE WANT THOSE SIZE OF HOUSES.

WE ARE ASKING FOR A SLIGHT VARIANCE ON SOME OF THE SET SETBACKS. NOT MUCH, JUST A COUPLE OF FEET ON SOME OF THE SITE SETBACKS TO MAKE THE LOTS MORE STANDARDIZED.

THEN AGAIN, WE HAVE THE 8 ACRES. THAT'S IT IN A NUTSHELL. ANY QUO INTO OTHER DETAIL. BUT I THINK YOU CAN SEE THAT THN

[01:30:05]

THIS WAY, THERE'S NOT MUCH DIFFERENCE BETWEEN THE ORIGINAL 2007 PLAN VERSUS THE NEW PROPOSED PLAN, OTHER THAN WE ARE REDUCING DENSITY. AND WE ARE ASKING FOR SOME RELIEF ON THE USES FOR THE 8 ACRES THAT WAS ORIGINALLY

ALLOCATED FOR THE SCHOOL SITE. >> SO DRAWING ON THE LEFT, THAT'S 14TH STREET ON THE RIGHT-HAND SIDE.

WHAT IS THE BOTTOM STREET? >> HERE?

>> YEAH. >> THAT'S THE NEW -- IT IS NOT THERE NOW, BUT THAT'S THE NEW DON FLOYD CONNECTOR ROAD.

THE EXISTING DON FLOYD, OBVIOUSLY, PICKS UP HERE AT 14TH AND GOES TOWARD THE HOSPITAL. AND SO PART OF THE ORIGINAL PLAN AND THE ORIGINAL PD, WE ARE REQUIRED TO CONNECT THAT.

UNTIL THE ORIGINAL PD, ONCE WE CONSTRUCT THAT, WE PAY FOR HALF AND THE CITY PAYS FOR HALF TO CONNECT THAT OVER TO 9TH.

>> QUESTIONS? >> I JUST WANT TO CONFIRM THAT IN THE RIGHT DRAWING, PROPOSED CONCEPT, THE -- WHAT WE ARE LOOKING AT IN THE NORTHWEST CORNER, THAT IN GRAY, THAT'S AN EXISTING APPROVAL, THAT COMMERCIAL/RETAIL, CORRECT?

>> CORRECT. THIS IS -- THIS IS THE SKILLED NURSING THAT'S UNDER CONSTRUCTION AND THIS IS THE DAY

CARE. >> AND THEN SO TO HELP YOU UNDERSTAND JUST A LITTLE BIT, MY HANGUP ON SLIP STREETS, WHAT WAS ORIGINALLY SOLD TO US AND WHAT WE ENVISION WAS GOING TO HAPPEN WAS THAT WHEN FOLKS -- WE, INTEREST WAY BACK, BEFORE 07, WE WERE FOCUSED ON PROVIDING FOR MIDLOTHIAN WITHIN ITS GROWTH THAT WHEN YOU DROVE DOWN MAIN THOROUGHFARES, YOU FELT YOU WERE STILL BACK HOME. AND WITHIN THAT VISION, WHEN YOU HAVE SLIP STREETS AND ESPECIALLY HOUSES THAT SET BACK BEHIND THAT FACING THE MAIN THOROUGHFARE, YOU DON'T SEE BACKYARDS.

YOU DON'T SEE THROUGH WROUGHT IRON FENCES IN 20 YEARS WHEN THEY HAVE JUNK STACKED. YOU ARE SEEING THE FRONTS OF PLACES. AND ESPECIALLY WITHIN WHAT YA'LL ARE DOING, BUT I HAVE ALWAYS BEEN A BIG FAN OF -- I'M NOT A BIG SMALL LOT FAN, BUT WHAT YOU FOLKS HAVE DONE, EVERYTHING IS IN VERY GOOD TASTE. AND IT REMINDS YOU OF LITERALLY GOING BACK TO MAYBERRY. THAT'S WHAT WE ENVISIONED.

WE WERE DRYING THROUGH THIS FM663, COMING INTO TOWN, AND YOU LOOK THROUGH THESE TREES AND YOU LOOK, AND IT IS LIKE YOU ARE DRIVING THROUGH MAYBERRY. THEN IT ALL STARTED GETTING INTERRUPTED. AND AS I LOOK -- THE MAIN DIFFERENCE THAT I SEE AND I LIKE WHAT I'M LOOKING AT BUT YA'LL HAVE ENDED UP WITH A LOT MORE RETAIL COMMERCIAL THAN WAS ON THE ORIGINAL CONCEPT. AS I SEE IT.

SWING IT OVER ON 9TH STREET. >> WE HAVE NOT ENDED UP WITH MUCH MORE. TAKE AWAY THE SCHOOL SITE.

THIS IS 8 ACRES, AND WE ARE ASKING FOR RELIEF ON THAT.

WE ARE NOT ASKING FOR AN INCREASE.

THIS IS 8 ACRES. BUT SOME RELIEF ON THE USES.

BEYOND THAT, THE ONLY OTHER AREA IS THE SKILLED NURSING AND DAY

CARE. >> AND SO --

>> BEYOND THAT, IT IS APPLES AND APPLES.

>> FOR ME PERSONALLY, A LOT OF THAT COMMERCIAL-RETAIL WAS GOING OVER ON THE 14TH STREET SIDE. WITH WHAT WE HAVE ON 14TH STREET, I DON'T HAVE THAT BIG OF A HANGUP.

YOU HAVE JUNIOR HIGH, TENNIS COURTS, BASEBALL FIELD, FOOTBALL FIELD. REALLY NOT THAT MUCH GOING ON OVER THERE EVEN TRAFFIC-WISE FOR THAT TO BE ANY HINDRANCE.

THAT'S HOW WE ALWAYS SAW IT, THAT STUFF IS GOING TO BE ON 14TH STREET. I LIKED YOUR SLIP STREETS.

I DON'T HAVE A BIG PROBLEM WITH THE SCHOOL MOVING.

I GUESS ONE OF MY OTHER BIG HANGUPS THAT I WANT TO MAKE SURE WE ARE GETTING CORRECTED IS YOUR STREET SIZES ARE VERY COMPACT.

OF ALL THE SUBDIVISIONS, I HAD A SERVICE-ORIENTED BUSINESS FOR A LONG TIME. WE WOULD HAVE TO TRAVEL TO HOMES THAT WAS FENCE INCHES STAL WHRAITION. INSTALLATION.

ONE OF THE HAZARDEST THAT I HAD, THAT WOULD BE ON THE ORIGINAL -- IN TERMS OF DIRECTION, I DON'T KNOW WHICH SIDE OF WALTER STEPHENSON THAT WOULD BE, ON THE FUZZY'S SIDE.

>> THAT'S THE NORTH SIDE. >> IT IS LITERALLY, IF YOU HAVE GOT PICKUP TRUCKS PARKED ON BOTH SIDES, IT IS IMPASSIBLE IN

[01:35:05]

SPOTS. DO YOU FEEL LIKE YOUR STREET SIZES AND LAYOUTS HAVE CORRECTED SOME OF THOSE OVERSIGHTS

POSSIBLY? >> WELL, I GUESS THE SHORT ANSWER IS NO. WE DON'T FEEL LIKE IT IS A PROBLEM BECAUSE IT IS A NEW URBANISTIC NEIGHBORHOOD, THAT MAYBERRY, SMALL TOWN KIND OF FEEL.

SO WE DON'T WANT TO OVERSIZE ANY OF THESE RIGHT-OF-WAYS.

AND TO KEEP THAT SCALE. IN THE NEW PROPOSED PLAN, THESE PUBLIC RIGHT-OF-WAYS ARE THE SAME SIZE AS WHAT'S IN THE ORIGINAL PHASES. SO WE HAVEN'T UP-SIZED THOSE.

THE LANDSCAPE MEDIANS, SIDEWALKS.

>> I GUESS WHAT I WOULD ENCOURAGE YOU TO CONSIDER, I'M NOT THAT CONCERNED ABOUT EV FENE INSTALLER.

I'M WORRIED ABOUT A FIRE TRUCK AND AMBULANCE.

I HAVE BEEN IN SITUATIONS, IF I CAN'T PICK MY PICKUP TRUCK THROUGH THERE, I KNOW A FIRE TRUCK ISN'T GOING THROUGH THERE.

THAT'S WHAT HAS GOT ME MORE WORRIED, THERE MIGHT NEED -- I'M GOING TO BE MAKING SURE WITH STAFF THAT IF WE NEED AN EXTRA TWO FEET TO MAKE SOME THINGS WORK SO WHEN WE ARE TALKING LIFE, THAT THAT'S BEEN -- I DON'T RUN INTO THESE SITUATIONS IN MOST OF THESE, A LOT OF THESE OTHER SUBDIVISIONS VERSUS WHAT I WAS RUNNING INTO THERE. THE ONLY OTHER THING I WOULD QUESTION YOU ON, I'M ASSUMING SOME OF THE SETBACK PROBLEMS WHICH WERE RELATED TO ALLEYS IN THE REAR OF THAT SAME SITE, THAT THOSE HAVE BEEN CORRECTED, THOSE SETBACK PROBLEMS, WHERE SOMETIMES I'M THINKING THEY WERE 11 FEET, OR IN THAT RANGE.

THE GARAGE FROM THE ALLEY. YOU WOULD HAVE TRUCKS OVERHANGING THE ALLEY. HAS SOME OF THAT BEEN CORRECTED.

>> WELL, ALL REAR -- SO, WE ARE NOT CHANGING ANY OF THE REAR SETBACKS. THEY ARE ALL WHAT'S PRE-APPROVED, SAME WITH THE ROAD SIZE.

THE PUBLIC RIGHT-OF-WAYS, REAR SETBACKS, FRONT SETBACKS HAVE ALREADY ALL BEEN PRE-APPROVED PER PD42.

WE ARE NOT CHANGING ANY OF THOSE.

I WILL BE MORE THAN HAPPY, WE CAN TALK WITH STAFF.

GET WITH ENGINEERING. >> DO YOU KNOW A LITTLE BIT ABOUT WHAT TIME TALKING ABOUT, CLYDE?

>> A LITTLE BIT, YEAH. >> JUST THAT WE SEE THAT WE DON'T -- I'M THINKING THROUGH FIRE TRUCK AND AMBULANCE.

>> FIRE LANE IS 24-FOOT WIDE. AND I THINK THESE ARE PROBABLY

28 TO 30. >> 26.

>> SO THERE MIGHT BE PLACES -- THERE MIGHT BE PLACES WHERE WE

RESTRICT PARKING. >> I'M SAYING, LET'S LOOK AT IT.

>> I AGREE. BUT THIS LENDS ITSELF TO THIS DEVELOP MANY. MORE N NARROW STREETS, MORE PEDESTRIAN ORIENTED THAN CARS. ESPECIALLY MORE THAN TRUCKS AND

FIRE ENGINES. >> BUT YOUR ORIGINALLY-APPROVED TOWNHOME ALLOTMENT, THAT HAS NOT CHANGED.

>> CORRECT. >> YOU ARE CHANGING WHERE YOU ARE GOING TO LAY THEM OUT A LITTLE BIT.

>> WE ARE NOT ASKING FOR AN INCREASE IN THE TOWNHOME LOTS.

AGAIN, THEY ARE JUST REPOSITIONED.

>> JUST TO RECAP ON THE ROAD SIZE, CURRENTLY, I WILL TRIPLE CHECK IT, BUT 26 FEET, HOW WIDE THE ROADS ARE EXISTING, WHICH IS APPROVED PER THE MIDTOWNE PD, AND THEN THE SETBACKS, REAR AND FRONT, WE ARE NOT ASKING. THE ONLY VARIANCE WE ARE ASKING FOR ON THE ESTATE LOTS CURRENTL, CURRENTLY 8-FOOT ON THE SIDE.

WE ARE ASKING FOR 7 AND A HALF. SO SIX INCHES.

THAT'S JUST KIND OF STANDARDIZED PAD DIMENSIONS.

TOWNSHIP, ON THE CURRENT PD, 8-FOOT.

ON THE SIDES, ASKING FOR 5. THAT STILL COMPLIES WITH YOUR FIRE SEPARATION AND ALL THOSE CODE REQUIREMENTS.

EVERYTHING ELSE IS EXACTLY THE SAME.

>> WHAT -- I GUESS MY OTHER QUESTION WOULD BE, WHAT WAS YOUD THOUGHT ON VIRTUALLY WIPING OUT ESTATE LOTS? I'M GOING TO SIDE WITH YOU THAT I UNDERSTAND MARKET DEMAND.

MARKET DEMAND, IF WE WOULD ALLOW IT, WANTS ZERO LOT LINE.

LET'S BE HONEST ABOUT IT. >> SURE.

>> SO IF WE WOULD ALLOW IT, MARKET DEMAND WANTS TRIPLE STORY, 20-FOOT WIDE LOTS. I DON'T FOE FOCUS ON MARKET DEM.

I FOCUS ON WHAT I WANT MY CITY TO LOOK LIKE.

[01:40:02]

I GET A LITTLE INDEJEST I DON'T. THE HOOK LINE AND SINKER OF THE PROBLEM. NOW WE ARE GOING FROM 28 TO 5.

I UNDERSTAND THE MARKET DEMAND. BUT I ALSO UNDERSTAND THAT I'M LOOKING AT THE ESTATE LOTS, WHICH I'M ASSUMING WERE THE CARROT AND STICK TO GET US A LITTLE HOOKED BACK IN '07.

WE ARE GIVING YOU 20. WE'RE GOING TO FOUR.

I'M MORE CONCERNED ABOUT THAT. THAT'S ME TALKING.

SOMETHING TO CONSIDER MAYBE WE CAN MEET A LITTLE CLOSER TO -- MAYBE DOESN'T HAVE TO BE IN THE MID.

GOING FROM 28 TO 4. IS THERE JUST NOT A GOOD -- I DON'T EVEN KNOW -- I WAS A LITTLE SURPRISED TO BE HONEST WITH YOU THAT THERE ARE 75-FOOT WIDE LOTS IN THAT SUBDIVISION.

I MIGHT EVEN SAY, WELL, BECAUSE I GET IT.

70-FOOT LOT IS HUMONGOUS. >> DOUBLE THE ESTATE LOTS.

>> WE HAVE GONE FROM 71 TOWNSHIP TO 36.

SO MAYBE WE BUMP THE TOWNSHIPS BACK UP AND NOT EVEN HAVE TO GET THAT DEEP INTO THE STATES. ESTATES.

I HAVE A LITTLE BIT OF INDIGEST INDIGESTION, WE ARE GOING SO HEAVY INTO THE COTTAGES AND ELIMINATING ALL THE UPPER END.

WE BOTH KNOW THAT MARKET DEMAND, WE COULD ELIMINATE ALL THIS AND GO TO A HUNDRED PERCENT BROWNSTONE AND YA'LL CAN SELL

THEM REAL QUICK. >> MARKEMARKEMIDDOMIDTOWNE HAS F LOVE, TO PUT IT MILDLY. WE UNDERSTAND SOME OF THE HEARTBURN OF JUST THE SLOW PROGRESSION OF THE DEVELOPMENT.

COMING FROM, I THINK, WE BROKE GROUND IN 2009.

EVEN THOUGH THIS WAS APPROVED IN '07.

THIS REALLY, WE SPENT A LOT OF TIME LISTENING TO THE LOCAL RESIDENTS, LISTENING TO THE MARKET.

WE GET CALLS CONSTANTLY INTO THE OFFICE WANTING LOT SALES IN MIDTOWNE. THAT'S WHY WE ARE MOVING VERY QUICKLY ON PHASE 8 AND PHASE 9. WE WANT TO MOVE QUICKLY ON THIS.

THESE COUNTS WERE DRIVEN FROM WHAT WE ARE HEARING FROM THE MARKET. I KNOW THAT -- MAYBE THAT SITS WELL, MAYBE IT DOESN'T. BUT THAT'S WHERE WE HAVE ENDED UP WITH THIS PLAN. WE SPENT A LOT OF TIME GATHERING MARKET INFO, RESIDENTS INPUT TO PUT THIS TOGETHER.

I KNOW CLYDE MENTIONED IT EARLIER, WE HAVE NOT POSTED A PUBLIC NOTICE ON THIS PROPERTY BUT TWO WEEKS AGO I DID POST IT TO ALL THE RESIDENTS AND HELD A PUBLIC FORUM WITH THE RESIDENTS.

WE HAD PROBABLY 60 PEOPLE SHOW UP.

I PRESENTED THIS PLAN TO THEM, TO GET INPUT BEFORE I CAME TO YOU GUYS. AND BEFORE WE WENT TO PUBLIC HEARING. WE WANT TO TRY TO MINIMIZE GETTING CAUGHT OFF GUARD AS MUCH AS POSSIBLE.

WE HAD A LOT OF POSITIVE FEEDBACK FROM THE RESIDENTS, WITH THIS PARTICULAR PLAN. SO I THINK THE RESIDENTS ARE ON BOARD. WE WILL SEE WHAT HAPPENS WHEN IT POSTS AND WHO COMES OUT OF THE WOODWORK.

BUT WE HAVE DONE A LOT OF OUR UP-FRONT DUE DILIGENCE TO MINIMIZE AND MAKE THIS AS SMOOTH AS POSSIBLE.

>> I WOULD ASK YOU TO UNDERSTAND THAT WE HAVE SAID NO TO 40-FOOT WIDE LOTS EN MASSE. AND YOU ARE ASKING US TO REALLY DOUBLE UP YOUR 40S. SO I'M JUST KIND OF -- I CAN'T TELL YOU HOW I WILL VOTE BUT I WILL TELL YOU THAT IS GOING TO GIVE ME AN IMMENSE AROUND THE I AM INDIGESTION.

I LOVE THE SLIP STREETS. I LOVE WHAT YA'LL ARE DOING.

I LIKE THE STYLE OF YOUR HOMES. YOU HAVE DONE A VERY GOOD JOB WITH THE CALIBER ARCHITECTURALW COMMITTEE.

I LIKE EVERYTHING ABOUT EVERYTHING YA'LL HAVE DONE.

I JUST WANT TO SEE US STAY A LITTLE BIT CLOSER.

I DO UNDERSTAND THINGS HAVE CHANGED.

BUT I REMEMBER WHEN BACK WHEN THIS WAS APPROVED.

I THINK WE HAVE MADE SOME ADJUSTMENTS AND CHANGES TO TRY TO HELP YOU GUYS AND I AM WILLING TO MAKE SOME MORE.

BUT THE 40-FOOTERS ARE A HANGUP FOR ME.

[01:45:01]

I KNOW FOLKS IN THIS TOWN THAT OWN PROPERTY.

I DON'T KNOW YOU THAT WELL. I LIKE YOU.

BUT WE DON'T KNOW EACH OTHER THAT WELL, RIGHT? I KNOW PEOPLE THAT I HAVE LOOKED THEM IN THE EYE AND SAID NO TO 40-FOOT WIDE LOTS. THIS IS PUTTING ME IN AN

IMMENSELY TOUGH POSITION. >> UNDERSTOOD.

>> OKAY. OTHER QUESTIONS OR COMMENTS FOR

THE APPLICANT? >> WOULD YOU MIND PUTTING UP THE

LOT MIX AGAIN. >> OH, SURE.

JUST SO WE ARE ON THE SAME PAGE. THIS LOT MIX IS ONLY FOR THAT 48 AND A HALF ACRES. THIS DOES NOT INCLUDE -- I TAKE THAT BACK. IT DOES INCLUDE 8 AND 9.

BUT MAJORITY OF THIS IS OFF WHERE THIS 48 ACRES.

>> RIGHT, RIGHT. OKAY.

YEP. FOR ME, I DON'T EVEN SEE IT NECESSARY TO HAVE THE ESTATE MIX, IF YOU WERE ABLE TO PULL THOSE OUT AND BALANCE OUT THE REST OF THEM A LITTLE BIT.

I WOULDN'T BE OPPOSED TO BLENDING THE LOTS, PUTTING 40S BY 50S, BY 60S AND MIXING IT ALL UP.

I THINK THAT CREATES A VERY COMMUNAL FEELING FROM THE STREETSCAPE. IT IS HARDER TO NOTICE WHICH

LOTS ARE 40S. >> THAT'S OLD TOWN'S DESIGN.

>> SMALL LOTS DON'T BOTHER ME. BUT JUST FOR WHAT THAT'S WORKT.

>> OKAY, GREAT. >> I DON'T THINK SMALL ONES

[INAUDIBLE]. >> SOME OF THE COTTAGE LOTS, WHICH ARE THE SMALLER 40-FOOT, WE PURPOSELY PUT THEM IN THE INTERIOR. THESE ALL FRONT THE PARK.

YOU WILL YOUR ALLEYWAY THIS THE BACK.

BUT YOUR FRONT YARD FACES THE PARK.

WE HAVE TRIED TO CENTER THOSE IN IN AN EFFORT TO MIX IT UP.

SO ESTATE LOTS BOOK END IT HERE, HERE, FACING 14TH.

THESE ARE TOWNSHIP LOTS. WE DO HAVE SOME COTTAGES HERE WITH SOME VILLAGES ACROSS FROM THE RESIDENTIAL.

BUT WE TRIED TO CENTRALIZE THOSE COTTAGE, SMALLER LOTS.

>> YOU MENTIONED ABOUT A THROUGH STREET THAT STAFF HAD PREFERRED AND I BELIEVE IT WAS ON THE NORTHERN SIDE OF THIS DEVELOPMENT, THROUGH STREET THAT WOULD TIE INTO 14TH.

YA'LL WERE TRYING TO AVOID -- NOT AVOID IS NOT THE RIGHT WORD, BUT TRYING IS TO STAY CLEAR OF THAT A LITTLE BIT.

YOU WILL CARRY IT THROUGH NOW BUT IT LOOKED LIKE IT WAS CARRYING THROUGH A PARKING LOT? AM I WRONG OR RIGHT?

>> YOU ARE RIGHT. I HAD CONVERSATIONS WITH STAFF.

I WILL NOT SAY THAT STAFF PREFERRED IT.

BUT THERE WAS A COUPLE ISSUES WITH IT.

IN THE ORIGINAL PLAN, THIS IS SKY LANE.

SKY LANE CONNECTED IN THE 14TH. SO IT CAME ALL THE WAY THROUGH.

IN THE CURRENT, THE FIRE LANE COMES IN AND DEAD ENDS.

THAT WAS PRIVATE. THAT WAS A 24-FOOT WIDE FIRE LANE. THAT CREATED A COUPLE OF ISSUES WHEN I HAD MET WITH STAFF IN THE PAST.

ONE IS, WHEN WE WERE GOING TO PLAT -- RIGHT NOW, THIS IS PLATTED SEPARATE. PART OF THAT FACES SKY OR FRONTS ON SKY. THAT WAS A NON-ISSUE.

THESE OTHER UNITS HERE, WHICH IS ALL CURRENTLY ONE PLAT, WE EITHER HAVE TO MAKE THIS A PUBLIC RIGHT-OF-WAY TO PLAT IT, OR WE WOULD HAVE TO COME BACK FOR A SPECIAL EXEMPTION.

AND WE WOULDN'T BE ABLE TO ADD THIS ADDITIONAL PARKING.

THERE'S A CREEK THAT RUNS THROUGH HERE.

SO THEN HOW DO WE DEVELOP THESE LOTS AND GET PEDESTRIAN ACCESS OVER. SO THERE WAS SEVERAL ISSUES THAT WE WERE GOING BACK AND FORTH. IT HAS BEEN A WHILE NOW, BUT IN ONE OF THE MEETINGS THAT I HAD WITH STAFF, WE TALKED ABOUT WHAT IF WE CONNECTED SKY ALL THE WAY THROUGH TO 14TH LIKE THE ORIGINAL PD. ORIGINALLY, FROM A DEVELOPER STANDPOINT, THAT'S VERY COSTLY. WE HAVE TO BUILD A BRIDGE OVER THE CREEK. THERE'S A LOT OF STEPS THAT WE HAVE TO DO TO GET THAT APPROVED. BUT AT THE END OF THE DAY, GOING THROUGH THIS NEW MASTER PLAN, AS THE DEVELOPER, WE DECIDED IT WAS WORTH IT BECAUSE IT MAKES THESE BUILDINGS EASIER TO PLAT.

NOW WE ARE FACING A PUBLIC RIGHT-OF-WAY.

IT ADDS ADDITIONAL PARKING, WHICH WAS ONE OF THE BIG

[01:50:03]

CONCERNS OF THE RESIDENTS. IT IS TOO CONSTRUCTIVE.

WE DON'T HAVE ENOUGH PARKING. NOW IT OPENS UP THIS WHOLE DRIVE LANE HERE. WE HAVE PARKING ON EITHER SIDE.

THIS ONE COMING UP. LITTLE BIT OF PARKING HERE.

AND IT ELIMINATES THE REQUEST FOR PARKING ON 14TH WHICH THE

CITY HAS DENIED ANYWAY. >> THANK YOU.

>> I THINK SO IT MAKES SENSE TO CONNECT IT.

>> OTHER QUESTIONS? COMMENTS?

DO YOU HAVE ANYTHING ELSE, SIR? >> I'M GOOD.

I'M LOOKING FORWARD TO THE HEARING.

I THINK IT IS THE 17TH. >> THANK YOU VERY MUCH, SIR.

012 CONDUCT A PUBLIC HEARING AND CONSIDER A PROPOSED AMENDMENT TO

[012 Conduct a public hearing and consider a proposed amendment to the City of Midlothian Zoning Ordinance by amending Section 3.5100(m) “Residential Accessory Building Standards” authorizing shipping containers as accessory buildings by specific use permit under certain conditions and Section 4.5100 “Non-Residential Accessory Building Standards” regulating the use of shipping containers in Medium Industrial (MI)and Heavy Industrial (HI) Zoning Districts. (Case No. OZ04-2022-96).]

THE CITY OF MIDLOTHIAN ZONING ORDINANCE BY AMENDING SECTION 3.5100(M), RESIDENTIAL ACCESSORY BUILDING STANDARDS, AUTHORIZING SHIPPING CONTAINERS AS ACCESSORY BUILDINGS BY SPECIFIC USE PERMIT UNDER CERTAIN CONDITIONS AND SECTION 4.5100 NON-RESIDENTIAL ACCESSORY BUILDING STANDARDS REGULATING THE USE OF SHIPPING CONTAINERS IN MEDIUM INDUSTRIAL AND HEAVY INDUSTRIAL ZONING

DISTRICTS. >> THANK YOU, CHAIRMAN.

THE PROPOSED TEXT AMENDMENT WILL AMEND ACCESSORY BUILDINGS.

STAFF HAS HAD NUMEROUS REQUESTS RELATED TO SHIPPING CONTAINERS FOR THE USE AS ACCESSORY. SO STAFF IS LOOKING FOR SOME DIRECTION. WE ARE LOOKING FOR SOME FEEDBACK REGARDING BEST COURSE OF ACTION REGARDING SHIPPING CONTAINERS.

I KIND OF FIGURED WE WILL LOOK AT WHAT IS APPROVED AND WHAT WE ARE ADDING. SO CURRENTLY WHAT I HAVE UP ON THE SCREEN, THIS IS BASED ON WHAT WE DO ALLOW WHEN YOU ARE IN A RESIDENTIAL DISTRICT WITH SHIPPING CONTAINERS.

YOU ARE ALLOWED TO HAVE ONE BUT YOU HAVE TO BE OVER TEN TAKERS ACRE OFLAND AND REQUIRES SINGLEH TONE COLOR ASSOCIATED WITH IT.

WHAT STAFF IS ASKING IS THAT THE PROPOSED CHANGE TO THIS STANDARD WOULD NOW INCLUDE AN OPTION TO GO THROUGH A SUP.

THAT'S IF THE PERSON OR THE ENTITY IS NOT ABLE TO MEET THOSE THREE CRITERIA THAT WE JUST SAW. OF COURSE, STAFF WOULD STILL USE THE FOLLOWING FACTORS THAT WE HAVE LISTED UP HERE.

AND THAT WOULD HELP IN DETERMINING IF SUCH REQUEST IS GOING TO GAIN OUR SUPPORT AND THOSE FACTORS WOULD INCLUDE THE AREA OF THE PARCEL, VISIBILITY FROM A PUBLIC STREET OR ADJOINING PROPERTY, AND THEN THE DESIRED USE, COMPATIBILITY WITH THE PROPERTY AND SURROUNDING AREA.

NOW, I CAN'T SAY RIGHT NOW THIS REQUEST FOR THE RESIDENTIAL SIDE IS KIND OF GEARED MORE TOWARD WHAT I WOULD CONSIDER MORE NONRESIDENTIAL USES THAT FALL WITHIN A RESIDENTIAL DISTRICT.

THOSE DO EXIST. MISD IS A PERFECT EXAMPLE OF THAT. YOU HAVE GOT THE SCHOOL DISTRICT OUT THERE THAT THEY MAY WANT TO USE SHIPPING CONTAINERS OR THEY DO HAVE SHIPPING CONTAINERS ON THEIR PROPERTY.

BUT THAT'S ACTUALLY OUT OF COMPLIANCE.

SO THESE ARE THINGS THAT WE WANT TO LOOK AT.

WE WANT TO SEE, GET SOME FEEDBACK ON, SEE IF WE WANT TO OPEN THIS UP TO THE POSSIBILITY OF BEING ABLE TO UTILIZE A SUP.

IT BEING IN A RESIDENTIAL DISTRICT, THAT MEANS ANYBODY WITHIN A RESIDENTIAL DISTRICT WOULD BE ABLE TO MAKE THIS TYPE OF REQUEST. YOU COULD JUST BE SINGLE RESIDENTIAL HOME THAT IS ON FIVE ACRES OF LAND AND THEY MAY BE ABLE TO COME IN AND ASK TO DO A SHIPPING CONTAINER BECAUSE THE MECHANISM WOULD BE NOW SET IN PLACE TO ALLOW FOR THEM TO DO THAT THROUGH A SUP. THEY HAVE TO GAIN THE APPROVAL PART OF IT ALSO, THAT'S SOMETHING TO KEEP IN MIND.

WHAT I HAVE HERE NOW, SECOND PART OF THE ITEM IS FOCUSED ON NONRESIDENTIAL SIDE. NONRESIDENTIAL ACCESSORY STANDARDS. WE DON'T HAVE ANY CRITERIA FOR SHIPPING CONTAINERS FOR NONRESIDENTIAL USES IN A NONRESIDENTIAL DISTRICT. STAFF WOULD RECOMMEND THAT THE FOLLOWING BE ADDED TO SECTION 4.51.

BUT ONLY FOR MEDIUM INDUSTRIAL AND HEAVY INDUSTRIAL DISTRICTS.

THAT'S IT. SO THIS IS NOT INCLUDING COMMERCIAL OR ANYTHING. JUST FOR MEDIUM AND HEAVY INDUSTRIAL. WHAT THIS WOULD MEAN IS THAT BY

[01:55:02]

RIGHT, A MEDIUM OR HEAVY INDUSTRIAL DISTRICT COULD HAVE ONE SHIPPING CONTAINER ON THE PROPERTY.

STILL, THAT DISTRICT WOULD STILE TO BE MORE THAN TEN ACRES.

STILL HAVE THAT SINGLE EARTH TONE COLOR.

AND WOULD HAVE TO BE COMPLETELY SCREENED FROM PUBLIC VIEW AND BEHIND THE PRIMARY STRUCTURE. THIS NEW STANDARD WOULD ALSO INCLUDE THE OPTION TO SEEK A SUP IF A PERSON OR ENTITY NOT ABLE TO MEET THE CRITERIA, SIMILAR TO WHAT WE TALKED ABOUT IN THE RESIDENTIAL SECTION. STAFF WOULD USE THOSE SAME FACTORS TO DETERMINE IF A REQUEST LIKE THAT WOULD GAIN OUR SUPPORT BEFORE WE TAKE IT TO P&Z AND CITY COUNCIL.

WE WOULD BE LOOKING AT THE SAME THING.

AREA OF THE TRACT, VISIBILITY OF THE SHIPPING CONTAINER, AND THEN THE DESIRED USE, COMPATIBILITY WITH THE PROPERTY AND SURROUNDING AREA. SO WITH THAT, I CAN STAND FOR

QUESTIONS. >> I HAVE GOT ONE QUICK ONE.

WOULD YOU NOT POSSIBLY WANT TO ADD WITHIN CRITERIA OF STORAGE, THAT IT WOULD BE FOR DRY STORAGE ONLY? WHY WOULD WE WANT TO LEAVE IT OPEN.

>> [INAUDIBLE]. >> I'M NOT SAYING YOU ARE ENFORCING ANYTHING. THERE ARE THINGS WE REQUIRE THAT WE DON'T REALLY TRULY -- LOOK AT FENCING, EVERYTHING WE DO.

WE HAVE GUIDELINES TO WHERE IF IT COMES TO THE FOREFRONT SOMETHING OBVIOUS, I'M WILLING TO LEAVE IT HOW YA'LL WANT TO LEAVE IT. I WOULD ONLY MENTION -- I AM A PART OF THIS PROCESS AND PROBLEM.

SO YA'LL UNDERSTAND. I WILL GO THROUGH ABOUT ONE AND A HALF MINUTE EXPLANATION. I KNOW ENOUGH ABOUT OUR SHIPPING CONTAINER COORDINATE SPACE TO KNOW YOU COULD DO IT RESIDENTIALLY. I HAVE A MANUFACTURING PROPERTY.

I HAVE A 9,000 SQUARE FEET BUILDING AND YOU CANNOT SEE BEHIND IT. YOU CAN FLY OVER WITH A HELICOPTER AND SEE WHAT IS BACK THERE.

I SEE OTHER PEOPLE PUTTING IN SHIPPING CONTAINERS ALL THE TIME OUT THERE. OF COURSE, I'M ON THE PLANNING & ZONING, I WAS A PAST COUNCIL MEMBER.

I WILL DO THE RIGHT THING. I'M GOING TO CALL THE CITY AND SURELY THERE'S A SUP I CAN GET TO DO THIS LEGALLY.

WELL, GUESS WHAT I FOUND OUT? I THOUGHT I WAS AN IDIOT.

NOBODY ADD TO THAT. I FOUND OUT.

I CALLED U7. UP. I FOUND OUT THAT I COULD GET A SUP FOR 90 DAYS, THAT'S IT. I COULDN'T EVEN PUT A SHIPPING CONTAINER IN AT MY MEDIUM INDUSTRIAL DISTRICT PROPERTY TO PUT -- WHAT DO YOU NEED IT FOR, MIKE? WELL, I JUST WANT TO PUT SOME EXTRA MACHINES AND THINGS WE GOT, SHOVE THEM IN THERE THAT I DON'T WANT TO SELL.

IT IS DRY STORAGE. YOU CAN'T DO THAT.

SO THIS ACTUALLY GOES A LITTLE BIT FURTHER THAN WHAT WE ARE TRYING TO DO HERE WHICH TAKES A LITTLE MORE THOUGHT PROCESSES.

EASTGATE IS THE ONLY MEDIUM INDUSTRIAL DISTRICT WE HAVE IN

TOWN RIGHT NOW. >> AS FAR AS DISTRICT WIDE.

>> MEDIUM AND -- I CAN'T SPEAK FOR HEAVY INDUSTRIAL.

I KNOW MEDIUM INDUSTRIAL, WE ARE LOOPED INTO THE SAME ORDINANCE BASE AS WALMART AND KROGER. HOW MUCH SENSE DOES THAT MAKE? SO WE NEED TO TAKE A LOOK AT SOME OTHER -- PERHAPS BUILDING STANDARD PROPOSITIONS AND REQUIREMENTS THAT WOULD -- BECAUSE THE BEAUTY OF IT IS, THAT'S THE BEAUTY OF WHAT HE HAS GOT APPLIED HERE. THIS APPLIES TO MEDIUM AND HEAVY INDUSTRIAL. SO IT IS A CLOSED GROUP TO WHERE YOU DON'T HAVE TO WORRY ABOUT EVERYTHING DOING IT.

KEEP IN MIND, I'M ASSUMEING FROM WHAT I GATHERED FROM WHAT YOU JUST SAID, IF IT IS A MEDIUM OR HEAVY INDUSTRIAL THAT'S OVER TEN ACRES, IT WOULD BE BY RIGHT. JUST LIKE RESIDENTIAL DISTRICT DENYING SIDE. SO IN OTHER WORDS, IF YOU'RE RESIDENTIAL AND YOU HAVE GOT MORE THAN TEN ACRES, RESIDENTIAL, CAN YOU A APPLY FO SUP FOR ASUP AND HAVE IT.

IF YOU ARE OVER TEN ACRES, YOU HAVE IT BY RIGHT.

UNDER THAT, THEY HAVE TO COME IN.

SOME SAY WE YES, SOME SAY NO. TO ME, IT IS A NO-BRAINER.

THAT'S MY LITTLE STORY OF PITY.. >> OKAY, ANY OTHER QUESTION OR DISCUSSION IN WI? WE DON'T HAVE ANYBODY WISHING TO SPEAK. IF NOT, I ENTERTAIN A MOTION TO

CLOSE PUBLIC HEARING. >> SECOND.

>> MOTION TO CLOSE PUBLIC HEARING, IN FAVOR, AYE, OPPOSED?

[02:00:05]

IT IS UNANIMOUS. FLOOR IS OPEN FOR DISCUSSION

AND/OR ACTION. >> I MOVE TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND SECOND TO APPROVE. ANY FURTHER DISCUSSION? IF NOT, ALL IN FAVOR AYE. ANY OPPOSED? IT IS UNANIMOUS. OKAY.

PO.MISCELLANEOUS DISCUSSION. STAFF ANYTHING? COMMISSIONERS? IF NOT, I ENTERTAIN A MOTION TO ADJOURN. WE HAVE A MOTION TO ADJOURN AND A SECOND. ALL IN FAVOR

* This transcript was compiled from uncorrected Closed Captioning.