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[Call to Order and Determination of Quorum.]

[00:00:32]

. >> LET THE RECORD SHOW THAT WE HAVE A QUORUM. WE'LL MOVE DOWN TO STAFF VIE OF

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

THE CASES.

GOOD EVENING. I WANTEDED TO POINT OUT OCTOBER IS ACTUALLY NATIONAL PLANNING MONTH AND I DID WANT TO SAY ON BEHALF OF OUR DEPARTMENT THANK YOU TO ALL THE BOARDS WE WORK WITH. EVERYONE FROM HISTORICAL ADVISORY BOARD TO ZBA TO PLANNING AND ZONING COMMISSION TO CITY COUNCIL. LESLIE DOES A LOT OF THE WORK AND WE JUST GET UP AND TALK ABOUT IT SO SHE DOES A LOT OF THE HEAVY LIFT SOING WE'RE GRATEFUL FOR HER.

I KNOW YOU SEE BRITTANY ANTICIPATE TARA WHO ALTERNATE EVERY OTHER MONTH. THEY DO HEAVY LIFTING NOT ONLY FOR PLANNING BUT FOR BUILDING EXAMINATIONS AS WELL AND SOMETIMES PARKS SO I DON'T KNOW HOW THEY JUGGLE THREE DIFFERENT JOBS ON TOP OF ME JUST DOING THIS SO WE'RE GRATEFUL TO THEM.

BRIAN IS RELATIVELY NEW AT THIS WOMANING UP ON TWO MONTHS NOW BUT HE'S COME IN AND JUST STEPPED IN AND DID A LOT OF WORK AND HELPED US OUT WITH A LOT OF CASES WE'VE GOTTEN AND RECEIVED.

HE IS OUR NEW GIS TECH. HAITIAN BEEN WOULD YOU SAY AT LEAST THREE MONTHS NOW PROBABLY AT THIS POINT BUT A LOT OF THE MAPS IN GIS TECHNOLOGY THAT'S BEEN HELPFUL TO THE RESIDENTS OF THE CITY AS WELL AS INTERNALLY HE'S BEHIND A LOT OF THAT AND ALSO WANT TO MENTION PEOPLE WHO OBVIOUSLY HELP LAY SOME GROUND WORK. TRENT.

MARCOS. THEY HELPED US OUT AS WELL.

SO ESPECIALLY WITH HOW LONG THEY'VE BEEN HERE AND OBVIOUSLY YOU GUYS KNOW COLLIDE EVEN THOUGH HE'S AN ASSISTANT CITY MANAGER WITH HIS BACKGROUND IN PLANNING, GIS, HE'S ABLE TO HELP US WITH QUESTIONS THAT WE HAVE. SO JUST WANT THE INDIVIDUALLY THANK EVERYONE AND ALSO THANK YOU GUYS SO I'LL SET IT UP ON NET NOTE BUT TRANSITIONING INTO THE CASES, THESE ARE THE CASES COVERED AT THE OCTOBER 11TH CITY COUNCIL MEETING.

FROM THE TOP WIND RIDGE PHASE ONE WAS APPROVED.

WATER WELL WAS ALSO APPROVED BY COUNCIL 60 AND BY PNC.

STORAGE PLACEMENT WHERE THEY WANT TO ADD AN ADDITIONAL STORAGE UNIT TO EXISTING STORAGE AREA.

THIEVINGS APPROVED BY PNZ 6-0 BY COUNCIL AS WELL.

ANNEXATION. YOU GUYS DID NOT REVIEW THIS BECAUSE VOLUNTARY ANNEXATIONS ONLY DEAL WITH COUNCIL, HOWEVER, THAT WAS APPROVED. YOU ARE GUYS WILL SEE A ZONING CASE FROM THAT APPLICANT COMING TO THE NEXT PNZ MEETING.

JUMPING DOWN TO UBPD FOR PROPOSED DMREKSS WAS APPROVED BY COUNCIL 5-1. APPROVED UNANIMOUSLY BY PNZ.

IT WAS DENIED 5-1 AND DE23450IED BY PNZ AS WELL.

FORGIVE THAT RAILROAD THERE. AND LASTLY THE PROPOSED UPPD ALONG 5880 FM 663 FOR WHERE A CHURCH WAS GOING TO GO IN FRONT OF A LOT ONE OR RESIDENTIAL USE ON THE FRONT AND BACK.

THAT WAS APPROVED 4-1 BY COUNCIL AND APPROVED UNANIMOUSLY BY PNZ AS WELL. ANY QUESTIONS?

[CONSENT AGENDA]

>> OKAY. THANK YOU, SIR. NEXT WILL BE THE CONSENT AGENDA

[00:05:04]

ITEMS 03, 04, 05, 06. WE'LL CONSIDER THEM TOGETHER AS ONE MOTION UNLESS A MEMBER OF THE COMMISSION WANTS ONE REMOVED. ANYBODY WANT ANY OF THE CONSENT ITEMS REMOVED IN OKAY. IF NOT, I'LL ENTERTAIN A MOTION TO

APPROVE. >> MOTION TO APPROVE.

IS THERE A SECOND? >> MOTION AND A SECOND TO APPROVE. ALL IN FAVOR, AYE.

[007 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit on the southwest corner of the intersection of Onward Road and FM 1387, Redden Farms, to allow for a residential subdivision sign located facing FM 1387 near the entrance of Redden Farms subdivision (Case No. SUP23-2022-173).]

>> OKAY. WE'LL MOVE DOWN TO THE REGULAR AGENDA AND PUBLIC HEARINGS 07 CONDUCT PUBLIC HEARING.

OUR NEXT CASE FOR THIS SEENING FOR CASE SUP 23-2022-173 FOR PROPOSED HOME BUILDER SIGN THIS IS WITHIN RIDEN FARM SUBDIVISION LOCATED ALONG FM 1787 NEAR THE SUBDIVISION LOCATED WITHIN PD 107. WE USUALLY SEE PROBABLY THESE ONCE EVERY OTHER MONTH OR ONCE A MONTH BUT AS YOU KNOW BY NOW AN SUP IS REQUIRED FOR ANY HOME BUILDING SIGN.

WE DID EXPLAIN THAT HOWEVER THAT WAS NOT OFFICIALLY WITHDRAWN AND THAT'S WHY THAT OPPOSITION LETTER IS STILL THERE BUT STAFF IS RECOMMENDING APPROVAL AS PRESENTED.

>> QUESTIONS OF STAFF? WE HAVE NO ONE SIGNED UP TO SPEAK.

WE DO HAVE ONE LETTER OF OPPOSITION TO ENTER INTO THE RECORD. SCOTT AND SARAH WADSWORTH.

ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOVE TO CLOSE. >> SECOND.

>> HAVE A MOTION AND SECOND. CLOSE THE PUBLIC HEARING.

ALL IN FAVOR AYE. >> ANY OPPOSED.

UNANIMOUS. FLOOR OPEN FOR DISCUSSION AND OR

ACTION. >> MOVE TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO APPROVE. ANY FURTHER DISCUSSION?

NOT ALL IN FAVOR AYE. >> AYE.

[008 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit on Lot 4X, Block D, Ridgepoint Addition, to allow for a residential subdivision sign located facing 14th Street, near the entrance of Ridgepoint subdivision (Case No. SUP24-2022-174).]

>> UNANIMOUS. >> ITEM 008 BLOCK D RIDGE POINT AD'AMICOS ALLOW FOR A RESIDENTIAL SUB DWIEGS SIGN LOCATED FACING 14TH STREET NEAR BRIDGEPORT SUBDIVISION

>> THANK YOU AGAIN SIMILAR TO OUR LAST CASE THIS IS ALSO A PROPOSED HOME BUILDER SIGN FOR THE RIDGE POINT SUBDIVISION LOCATED WITHIN PLANNED DEVELOPMENT 133.

AGAIN, ANY HOME BUILDER SIGN GREATER THAN 80 FEET WIDE REQUIRES TO BE -- TO GET AN SUP. 14TH STREET EXCEEDS THAT 80 FEET BEING # 0 FEET WIDE. THE APPLICANT IS PROPOSING 84 SQUARE FEET. 14 FEET TALL AND HERE'S A LARGER VERSION OF THAT SIGN. AND STAFF IS RECOMMENDING APPROVAL AS PRESENTED. QUESTIONS OF STAFF? OKAY. WE DON'T HAVE ANYBODY SIGNED UP TO SPEAK SO I HAVE NO LETTERS OF RECORD. ENTERTAIN A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> MOTION AND SECOND TO CLOSE PUBLIC HEARING.

>> AYE. >> MAKE A MOTION TO APPROVE.

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

ANY FURTHER DISCUSSION? >> AYE.

>> UNANIMOUS. 009.

[009 Consider and act upon a request for an Exception to Sec. 3.5501 of the Midlothian Zoning Ordinance to allow for the construction of the primary roof of a building with a roof pitch less than the minimum requirement of 8:12. The property is presently zoned Agricultural (A) District. The property is located on ±2.3 acres located at 4011 Waters Edge Drive. (Case No. M19-2022-179).]

REQUEST FOR EXCEPTION TO SECTION 3.5501 OF THE MIDLOTHIAN ZONING ORDINANCE TO ALLOW FOR A PRIMARY ROOF WITH A ROOF PITCH LESS THAN THE MINIMUM REQUIREMENT OF 812. 2 PROPERTY IS ZONED AGRICULTURAL LOCATED ON 2.3 ACRES AT 4011 WATERS EDGE DRIVE.

[00:10:05]

>> GOOD EVENING. SO WITH THIS REQUEST IT IS AN EXCEPTION FOR ROOF PITCH THAT IS PROVIDED FOR IN THE ZONING ORDINANCE. YOUR REGULAR STANDARD IS 812 ON THE PREDOMINANT ROOF OF THE PRIMARY STRUCTURE.

UNLESS IT'S A SLATE IT'S ALLOWED FOR 512.

THE APPLICANT IS REQUESTING 412. A FEW NOTABLE POINTS WOULD BE THAT WITH THIS LOT IT'S 2.3 ACRES.

THEY'RE PROPOSING TO BUILD ABOUT A 5,000 SQUARE FOOT STRUCTURE PLUS GARAGE. AND THE HOUSE ALSO WILL BE SET BACK 85 FEET FROM THE FRONT PROPERTY LINE AND THE EXCEPTIONS THAT HAVE BEEN GRANTED IN THE PAST THAT I COULD FIND RANGE ANYWHERE FROM 012 FLAT TO 612 ROOF PITCH.

THIS REQUEST IS SUPPORTED BY STAFF.

WE RECOMMEND APPROVAL. AGAIN WITH THIS LOCATION IT'S A LARGE LOT, DEEP SET BACK, THE CITY IN THE PAST HAS APPROVED EXCEPTIONS RANGING FROM FLAT TO 612 AND THIS IS AN IMAGE REPPEDER OF WHAT THEY PROPOSE TO BUILD SHOWING THE 412 ROOF PITCH. HAPPY TO TAKE QUESTIONS.

THE APPLICANT IS HERE AS WELL. >> OKAY.

>> DOES THE APPLICANT WISH TO SPEAK?

COME UP. >> GOOD AFTERNOON.

I'M RICHARD WITH RICHARD MILLER CUSTOM HOMES.

I'VE BEEN IN THIS INDUSTRY SINCE 2004 AND OWNED BY OWN COMPANY SINCE 2016. I'M THE PREVIOUS PRESIDENT OF THE DALLAS BUILDERS ASSOCIATION AND THIS IS MY FIRST BUILD IN MIDLOTHIAN. I WOULD LIKE TO SAY I'VE MENTIONED TO STAFF I'M NOT USED TO CITY STAFF PICKING UP THE PHONE AND ANSWERING EMAILS SO IT'S BEEN QUITE REFRESHING BUILDING DOWN HERE AND I'M LOOKING FORWARD TO BUILDING MORE. THIS REQUEST IS JUST TO MAINTAIN THE ORIGINAL DESIGN OF THE 412 ROOF PITCH MAINTAINING THE TRADITIONAL DESIGN OF THE HOME THAT THE HOMEOWNERS REALLY LIKE.

WE WORK CLOSELY WITH ARCHITECTURAL REVIEW COMMITTEE IN THE NEIGHBORHOOD TO MAKE SURE THAT THE HOUSE WAS GOING TO BE A BEAUTIFUL ADDITION TO THE NEIGHBORHOOD AND ACTUALLY THE CHAIR OF THE ARC IN THE NEIGHBORHOOD IS OUR NEIGHBOR TO THE LEFT. SO THE HOMEOWNER MEL I DID IS ACTUALLY HERE -- MELODY IS ACTUALLY HERE IN SUPPORT OF THIS. HER HUSBAND DERRICK IS ON SOCCER DUTY TONIGHT. THANK YOU.

>> THANK YOU. ANY QUESTIONS OF THE APPLICANT

OR STAFF? >> THE ONLY QUESTION I HAVE IS WHAT WOULD -- AS FAR AS THE RESIDENTS IT LOOKS LIKE THIS IS ON 128.4 ACRES. -- 18.4 ACRES.

AM I READING THE RIGHT ONE? ONE MOMENT.

GO BACK. CARRY ON.

I'M ON THE WRONG ONE [LAUGHTER].

>> ALL RIGHT. HERE WE GO.

2 POINT. STILL GOOD.

SO WHAT'S -- IT'S 2.3 ACRES CORRECT?

>> YES. >> OKAY. WHAT'S THE SET BACK

ROUGHLY? >> MORE THAN 85 FEET.

I'VE GOT IT ROLLED IN THE PLAN. >> THAT'S FINE.

IN OTHER WORDS, YOUR SET BACK ROUGHLY ABOUT 85 FEET OFF THE

ROAD. >> YES, SIR.

>> IS THAT ALSO ON THE SIDE? >> I'M SORRY?

>> ON THE SIDES? >> ON THE SIDES IT'S I DON'T KNOW 30, 40 FEET FROM THE SIDE. YES.

>> OTHER QUESTIONS? THANK YOU, SIR.

>> THANK YOU. >> OKAY. FLOOR OPEN FOR DISCUSSION AND ACTION. 340EGS TO APPROVE

>> SECOND. >>.

>> AYE. >> IT'S UNANIMOUS.

[010 Consider and act upon a special exception in accordance to Section 7.13 of the Subdivision Ordinance from Section 3.16 “Dedication” and Section 6.14 “Lots” of the Subdivision Ordinance pertaining to road frontage requirements on Bobby Smith Lane. The property is approximately +/-18.433 acres and is within the WL Kizziar Survey, Abstract No 1222 (commonly known as 0 Bobby Smith Lane) (Case No. M20-2022-183).]

>>> OKAY. ITEM 10 CONSIDER AND ACT UPON A SPECIAL EXCEPTION IN ACCORDANCE WITH SECTION 7.13 OF THE SUBDIVISION ORDINANCE FROM SECTION 3.16 DEDICATION AND SECTION 6.14 LOTS OF THE DUB DIVISION ON BOBBY SMITH LANE. IT'S WITHIN THE WL KIZZAR SURVEY COMMONLY KNOWN AS 0 BOBBY SMITH SGLAEN THANK YOU, SIR.

>> SO WITH THIS REQUEST IT IS ZONEDAG 18 ACRES.

[00:15:07]

AND THE APPLICANT HAS PURCHASED THIS PROPERTY A LITTLE OVER A YEAR AGO AND COME IN AND SPOKE WITH STAFF ABOUT DEVELOPING THE PROPERTY AND THE CURRENT GOAL THAT HE HAS IS TO SUBDIVIDE IT INTO TWO NINE INCH ACRE LOTS AND BUILD A SINGLE FAMILY HOME WITH A GUEST HOUSE ON EACH LOT. SO THAT'S HIS GOAL.

SO WHY THE SPECIAL EXCEPTIONS. IN OUR SUBDIVISION ORDINANCE IF THERE'S THINGS YOU DO NOT DESIRE TO DO THERE'S A PROCESS UNDER SPECIAL EXCEPTIONS TO COME AND ASK THE PNZ AND CITY COUNCIL IF THEY AGREE AND TO GRANT SUCH SPECIAL EXCEPTIONS.

WHAT IT SEEMS TO KIND OF COME DOWN TO IS -- LET'S SEE IF I'VE GOT AN IMAGE OF IT. YOU CAN'T REALLY SEE IT IN THIS PHOTO, I APOLOGIZE, BUT HIS NEIGHBOR TO THE WEST HAS BASICALLY THE PRIVATE ROAD AND SO HIS LAND IS THE PRIVATE ROAD THAT -- SO FOR MR. STANFORD HIS 18 ACRES IS EFFECTIVELY LAND LOCKED BUT HE DOES HAVE ACCESS THROUGH HIS NEIGHBOR'S STRIP OF LAND ON THAT PRIVATE ROAD SO HE DOES HAVE ACCESS.

BUT FOR WATER THE ISSUE THERE IS MOUNTAIN PEAK WOULD BE WILLING TO SERVE IT THERE'S ONLY A THREE INCH LINE.

ACROSS THE BOARD ALL THE SPECIAL EXCEPTIONS THAT HE'S ASKED FOR.

AND I BELIEVE THAT -- MR. SAM FORD.

YEAH. HE'S HERE SO WITH THAT I'LL ANSWER ANYMORE QUESTIONS OR THE APPLICANT IS HERE AS WELL.

>> I HAVE A QUESTION FOR YOU. YOU SAID THERE WAS NO FIRE HYDRANTS WITHIN SO MANY FEET. THERE'S A HYDRANT ON THAT CORN SKLAR RIGHT BUT WITH WHERE HE WOULD BUILD A HOUSE IT WOULD BE

GREATER THAN THE FEET. >> I'M NOT SURE WHERE HE'S

[00:20:02]

WANTING TO BUILD HIS HOUSE. >> WE'RE NOT EXACTLY SURE EITHER BUT FROM OUR UNDERSTANDING EVEN WITH IF YOU SPLIT THE LOT AS WE UNDERSTAND BISECTING IT RUNNING NORTH AND SOUTH AT LEAST THE ONE HOUSE TO THE WESTERN LOT BUT STILL NEED A HYDRANT SO THERE'S

AT LEAST ONE HYDRANT. >> BUT THERE'S A THREE INCH LINE THAT SERVES IN FRONT OF THAT PROPERTY?

>> YES, SIR. THERE'S A THREE INCH LINE.

>> THANK YOU. OKAY.

>> SO ON THE DEVELOPMENT SIDE OF THIS IS THIS PERHAPS FOR THE APPLICANT HIMSELF AND HIS FAMILIES OR IS HE DEVELOPING IT TO SELL THE PROPERTIES AS A DEVELOPED PROPERTY? IN OTHER WORDS IS THIS SOMETHING HE'S DOING FOR HIS OWN FAMILY OR

OUTSIDE OF THAT. >> I'LL LET HIM ANSWER THAT.

STAFF'S UNDERSTANDING IS THERE HAVE BEEN SEVERAL IDEAS INVOLVE TOG OR MORE LOTS BUT THE LAST -- BUT FOR THIS REQUEST OUR LAST UNDERSTANDING OF THE GOAL WAS JUST TWO LOTS EACH WITH A HOUSE

AND A GUEST HOUSE. >> THE ONLY OTHER THING I'LL MENTION AND MARK CAN SPEAK TO THIS FAR BETTER THAN I CAN BECAUSE IT'S A GOOD PART OF HIS BUSINESS HE WAS IN BUT WHEN I WENT THROUGH THIS WITH SOME SITUATIONS ON FIRE HYDRANT AVAILABILITY IT WOULD NOT MATTER IF IT WAS IN THE COUNTY.

IF YOU SEE THAT DISTANCE THEY'RE GOING TO MAKE YOU PUT THAT HYDRANT IN. YOU'RE NOT GOING GET AROUND THAT EVEN IN THE COUNTY. IS THE APPLICANT PRESENT?

>> I'M STEVE STANFORD. JUST TO ANSWER YOUR QUESTIONS REAL QUICK. I DID IN THE MEETINGS INSANE I'M FINE WITH THE HYDRANT AND PUTTING THAT IN.

I DIDN'T EXPECT TO GO WITHOUT ONE.

THE FIRE MARSHAL SAID THAT WAS SOMETHING THEY WOULD REQUIRE.

WE WERE FINE WITH THAT. I DID ORIGINALLY BUY THE PROPERTY FOR I HAVE FIVE GROWN KIDS FOR US TO BUILD OUT THERE AS A BIG FAMILY UNIT. WE HAVE THE SAME THING IN RED OAK, ME AND MY BROTHERS AND PARENTS AND SO FORTH.

THAT WAS THE PLAN AS I GOT INTO THE PROCESS OF LOOKING INTO EVERYTHING THE COST TO PUT THE STREET IN, IT WOULD NOT ALLOW US TO DO IT FOR US TO BUILD 5 OR 6 HOMES IT WAS JUST TOO EXPENSIVE.

SO WHAT I CAME DOWN TO WAS TO -- I DIDN'T PERSONALLY WANT TO TAKE CARE OF 18 ACRES SO I REALIZED THAT THE ONE THING I COULD DO WITH THE CONVEY THIS PRESENTLY IS TO DO TWO LOTS.

SO LET ME JUST EXPLAIN A LITTLE BIT MORE.

THE BACKGROUND ON IT LISTED THERE IS NOT EXACTLY RIGHT BECAUSE I BOUGHT ONE TRACT AND I'M IN THE PROCESS OF MAKING IT TWO TRACTS AND THAT'S HOW ALL THIS CAME ABACK.

>> SHE SAID WELL I CAN SAY THIS, I'VE NEVER SEEN ONE OF THESE NOT GO THROUGH IN MY 22 YEARS SO I DID ORDER THE PLAT.

THE INTERESTING PART TO THE WHOLE THING IS THAT I SHOULD NOT BE REQUIRED TO ASK FOR A VARIANCE BECAUSE BASICALLY WHAT

[00:25:02]

I'M ASKING IS NOT TO BUILD A STREET AS PER SUBDIVISION REQUIREMENTS. ARTICLE 2 SECTION 212 DEFINES WHAT IS A SUBDIVISION AND GIVES A LONG DESCRIPTIVE DEFINITION AND THE FINAL SENTENCE OF THE DEFINITION READS THIS DEFINITION SHALL EXCLUDE THE DIVISIONS OF LAND THAT RESULT IN PARTIALS THAT EACH CONTAIN AN AREA GREATER THAN FIVE ACRES PROVIDED THAT EACH RESULTING PARCEL HAS ACCESS AND NO PUBLIC IMPROVEMENT IS BEING DEDICATED. SO MY DIVISION FALLS UNDER THIS EXCLUSION THAT'S GIVEN HERE. I LOOKED THAT AND IT SAYS A LOT MUST BE ON A PUBLIC STREET AND MUST BE DEFINED IN A DULY APPROVED SUBDIVISION PLAT PROPERLY FILED OR RECORDED.

AND NEITHER OF THOSE REQUIREMENTS APPLY TO MY PROPERTY. SO I STILL HAVE NOT BEEN GIVEN AN ANSWER AS TO WHY I DON'T FALL UNDER THE EXCLUSION TO A

SUBDIVISION. >> I'LL BE GLAD TO GIVE YOU THAT

ANSWER AS THE CITY ATTORNEY. >> IT'S BECAUSE IN ORDER TO -- BECAUSE THERE IS THE REQUIREMENT WITH RESPECT TO THE EXTENSION OF THE LINES ADEQUATE PROVIDE THE WATER HYDRANT, THE FIRE HYDRANTS, HOSE HYDRANTS CONSTITUTE PUBLIC IMPROVEMENTS AND REQUIRE AN EASEMENT TO BE DEDICATED AND BECAUSE OF THAT, IT DUB MEET BOTH PRONGS OF THAT EXCEPTION.

ONE IS IT'S GOT TO BE ON A PUBLIC ROAD OR HAVE ACCESS.

AND THE OTHER IS IT HAS TO -- CAN'T REQUIRE ANY EXTENSION OR DEDICATION TO PUBLIC PUBLIC IMPROVEMENTS.

FIRE HYDRANT IS A PUBLIC IMPROVEMENT.

>> OKAY. SO IN MY MIND SINCE I DON'T OWN THE ROAD AND I CAN'T GIVE THE RIGHT OF WAY WHICH IS PARTLY --

>> THEREIN LIE TEAS PROBLEM. PART OF THE ISSUE WITH THIS PARTICULAR REQUEST. ONE REASON YOU HAVE TO GET A VARIANCE IS WITH RESPECT TO THE FIRE HYDRANT.

IF YOU DIDN'T HAVE TO DO THAT YOU WOULD FALL UNDER THE EXCEPTION BUT AT THIS POINT YOU HAVE THE VARIANCE AND THAT'S WHY

YOU HAVE TO COME ASK FOR IT. >> BUT I'M NOT ASKING FOR A VARIANCE TO THE HYDRANT. I'M WILLING TO BUILD THE

HYDRANT. >> AND TO DO THAT HAVE YOU TO DEDICATE AND EXTEND PUBLIC WATER LINES MEANING YOU DON'T MEET THE EXCEPTION FOR THE PLATTING REQUIREMENT.

>> OKAY. ALL RIGHT. SO UNDERSTANDING THAT I DO UNDERSTAND THAT WE DO NEED TO BUILD A HYDRANT IF WE GET TO GO FORWARD WITH IT, ASIDE FROM THAT, THE STAFF SAID IN THEIR STATEMENT THAT THEY FEEL THAT IT WOULD BE A DETRIMENT TO MY TWO HOMES AND TO THE SURROUNDING PROPERTIES IF I DID NOT BUILD A ROUGHLY $800,000 ROAD TO ACCESS ONE MORE HOME THAN IS CURRENTLY ALLOWED FOR ME TO ACCESS. THE ROAD IS ALREADY GATED BY THE OWNER AND THERE ARE TWO HOMES THAT ARE A QUARTER OR HALF MILE DOWN THE ROAD THAT USE THE ROAD THAT'S THERE NOW.

AND THEY WOULD CONTINUE OF COURSE CONTINUE TO USE THAT ROAD AND THE FIRE HYDRANT OF COURSE WOULD BE HELPFUL TO THEM.

SO I'M NOT EXACTLY SURE THE ROAD IS GATED.

THERE'S NO PUBLIC ACCESS TO IT. THE SAME TWO HOMES DOWN THERE WHICH DON'T USE THE ROAD AND INSTEAD OF ONE MORE IF I JUST BUILT ONE WHICH IS WHAT I'M ALLOWED TO DO AT THIS POINT I WANT TO JUST BUILD TWO THE -- YOU KNOW, THE TWO HOMES WE'RE GOING TO BUILD WILL STAY ON THE AG EXEMPTION.

WE MIGHT HAVE COWS OR HORSES. PROBABLY BALE HAY ON THE PROPERTY. WITHOUT THE VARIANTS I'LL HAVE TO SELL THE PROPERTY TO SOME OTHER PERSON WHO WILL HAVE COWS ACRES INSTEAD OF NINE SO WHY NOT BRING IN TWO GOOD FAMILIES AND HAVE TWO HOUSES PAYING TAXES AS OPPOSED TO JUST ONE, YOU KNOW? SO THE ROAD IS IN USE ALREADY AND THERE'S ONLY TWO HOMES AND

[00:30:01]

NOTHING IS PLANNED FURTHER DOWN THE ROAD.

SO THAT'S ALL I HAVE. IF HAVE YOU QUESTIONS.

>> YESES? >> I DO SO I THINK I KNOW -- SO ARE YOU NEIGHBORS WITH MR. BARREN?

>> HE IS THE -- YES. >> I'VE DONE A LOT OF WORK ON HIS PROPERTY. THIS IS KIND OF THE END OF THE

ROAD. >> YES.

>> AND I'M ASSUMING THAT YOUR PROPERTY EVEN THOUGH WE'RE CALLING IT HIS ROAD, HIS ROAD WOULD BE THE ROAD THAT HAPPENS AFTER THE PAVEMENT ENDS SO IT'S NOT AS THOUGH YOUR PROPERTY IS TRAPPED UP INSIDE PROPERTY. YOU JUST HAPPEN TO BE DOWN A -- YOUR PROPERTY ACTUALLY BORDERS THE FRONT OF THE UNPAVED ROAD THAT WE'RE SITTING HERE AS A CITY CLAIMING IT ALMOST MAKE AS IT SOUND LIKE YOU'RE STUCK BACK IN NO MAN'S LAND AND YOU'RE NONREACHABLE BY ANY FORM OF SAFETY VEHICLE OR ANYTHING WHERE YOU'RE REALLY BORDERING A ROAD IT JUST HAPPENS TO BE AFTER THE

HARD PAVEMENT ENDS. >> YES, SIR.

>> SO I KNOW -- AND AFTER YOU DUMP OFF OF THAT HILL THERE'S ONE OLDER HOME OFF TO THE LEFT AND MAYBE ONE OR TWO MORE HOMES BUT IT'S THE END OF THE WORLD SO TO SPEAK.

>> RIGHT. THANK YOU VERY MUCH.

>> THAT'S THE PIECE OF LAND WE'RE TALKING ABOUT.

YES. >> OKAY. OTHER QUESTIONS?

THANK YOU, SIR. >> OKAY. THANK YOU.

>> OKAY. DON'T HAVE ANYBODY SIGNED UP TO SPEAK.

THE FLOOR IS OPEN UP FOR DISCUSSION OR ACTION.

>> IS THIS OPEN? >> NO.

>> I'M WONDERING WHO I CAN GET UP HERE TO TALK -- IT CAN BE COLLIDE OR MIKE OR IT CAN BE -- I DON'T CARE WHO IT IS BUT I WANT TO GET ANSWERS BECAUSE I'M GOING TO BE HONEST.

THIS IS VERY FRUSTRATING FOR ME. I'VE BEEN THROUGH THIS SAME ORDEAL SEVERAL TIMES MYSELF AND THIS IS WHY I SERVE.

>> I'LL TRY TO ANSWER THE QUESTIONS.

>> I WANT TO RUN DOWN THROUGH EVERY EXCEPTION AND WE'RE EITHER GOING TO BE DEALING WITH ONE OR TWO SIDES OF THIS COIN.

EITHER THAT'S JUST THE RULE AND THAT'S WHAT WE HAVE TO ABIDE BY.

I WANT TO TRY TO APPLY SOME COMMON SENSE TO WHY THIS GENTLEMAN CANNOT TAKE A PIECE OF PROPERTY ATTEND OF THE WORLD AND DIVIDE IT IN HALF AND LIVE IN PEACE.

>> AND I'LL TRY TO ANSWER THOSE QUESTIONS

>> SO I WANT TO START DOWN THROUGH THIS WHOLE LIST AND TELL

ME WHY HE CAN'T DO THIS. >> SO --

>> AND WHY HE NEEDS TO SPEND CLOSE TO A MILLION DOLLARS TO DO

IT. >> WELL, REALIZE WE DON'T GET INTO THE MONEY ASPECT OF IT. I DON'T KNOW HOW MUCH IT COSTS.

I KNOW IT'S EXPENSIVE TO BUILD RIGHT NOW.

DEDICATION OF RIGHT OF WAY FOR STREETS FOR SAFE ORDERLY DEVELOPMENT. WHEN SOMEBODY SUBDIVIDES WE DON'T WANT SOMEBODY TO JUST GO OFF ON A TRAIL OR LIKE YOU SAID A ROAD AT THE END OF THE WORLD OR WHATEVER.

WHEN YOU ALL # 11 IS CAN THE AMBULANCE OR FIRE TRUCK GET THERE? IS IT A LIABILITY FOR THE CITY? I DON'T KNOW. JUST THAT ORDERLY DEVELOPMENT FOR DEDICATION OF RIGHT OF WAY OF STREETS AND ALSO UTILITIES WITHIN THAT RIGHT OF WAY SOMETIMES AND ALSO FRANCHISE UTILITIES. I'M NOT SURE WHAT WOULD GO IN ON

THOSE. >> SO BECAUSE OF WHERE THIS ROAD SITS, THAT'S WHERE THE EASEMENT PROBLEM IS A PROBLEM AS FAR AS GETTING PUBLIC RIGHT OF WAY TO EVEN INSTALL THE FIRE HYDRANT

I'M TAKING IT? >> PROBABLY SO BUT THAT'S MOUNTAIN PEAK SO I DON'T KNOW WHAT EASEMENTS ARE UP THERE OR

WATER LINES. >> IS THIS IN THE CITY LIMITS?

>> CITY LIMITS. >> SO --

>> Y'ALL CORRECT ME WHEN I GO ASTRAY.

>> SO HOW FAR DOWN ROAD DOES HIS PROPERTY GO PAST PAVEMENT?

>> SO LET ME ASK YOU THIS QUESTION: THERE'S PAVEMENT ON BOBBY SMITH LANE AND CAN WE GET AN OVERVIEW OF THIS ON GOOGLE?

>> THAT'S WHAT I JUST DID. >> ABOUT 850 FEET PAST THE

PAVEMENT. >> PAST THE PAVEMENT.

>> THERE'S THAT GATE RIGHT WHERE THE PAVEMENT ENDS AND THAT DIRT

STARTS. >> AND I JUST WANT TO MAKE SURE THAT WHEN WE'RE TALKING IMPROVEMENTS, ARE WE TALKING IMPROVEMENTS WAS HE'S MAKING A CHANGE ALL THE WAY FROM 875 ALL

THE WAY UP OR JUST THE 800 FEET. >> I BELIEVE THE 850 FEET.

IS THAT CORRECT? >> WHEN WE TALK 850 FEET ARE WE

[00:35:03]

TALKING A LIKE ROAD OR WHERE THE BLACK OIL TOP ENDS IT'S GOING TO BE SIX INCH PAVING STANDARD CONCRETE WITH CURBS SIDEWALKS AND GUTTERS AND STREET SIGNS JUST LIKE YOU DROVE INTO A NEW WORLD?

>> I'M NOT SURE EXACTLY IF THIS IS ON THE THOROUGHFARE PLAN.

IT WOULD BE A LOCAL STREET. OR IF THERE'S A DITCH OR HOW MUCH WATER IT CAN CARRY. ARE WE GOING TO BE --

>> OBVIOUSLY YOU WOULD -- >> SURROUNDING PROPERTIES? YOU WOULD AGREE THAT WE'VE MADE SOME ACCEPTANCES AND APPROVALS

>> YOU BET AND THAT'S WHY WE'RE HERE.

>> OF ENTIRE SUBDIVISIONS THAT DON'T HAVE CURB AND GUTTER AND

I'LL GIVE YOU SEVERAL OF THEM. >> BUT THAT'S IN OUR SUBDIVISION ORDINANCE THAT WE DON'T HAVE TO HAVE THEM GREATER THAN AN ACRE.

THAT IS ALL WITHIN OR AS YOU ARE DIVISION ORDINANCE.

YEAH. THERE WERE NO EXCEPTIONS REQUESTED. THERE MIGHT HAVE BEEN FOR PD FOR SOMETHING LIKE THAT. THERE DIDN'T NEED TO BE ANY

EXCEPTIONS REQUESTED EXACTLY. >> THIS IS THE MAYBE'S PROPERTY HERE, RIGHT.

[00:41:23]

WILLING TO UPGRADE THAT LAIN TO A SIX INCH PAST HIS PROPERTY AND HAVE FIRE PROTECTION THERE I DON'T HAVE A PROBLEM WITH IT.

ARE YOU GOING TO MOVE THAT GATE DOWN?

WOULD YOU MOVE THE GATE DOWN? >> I DON'T THINK YOU CAN BECAUSE THE GATE IS GOING TO BE PART OF THE OTHER GENTLEMAN'S -- THAT'S PART OF HIS EASEMENT. RIGHT.

>> HE OWNS THE -- >> AND WE'RE CALLING IT A GATE.

IS THERE A GATE THERE? COMPARABLE? I JUST REMEMBER DRIVING THROUGH THERE.

I NEVER SAW ANYTHING. THE GATE CAN STAY GATED AND FIRE MAY -- I CAN'T SPEAK FOR THE FIRE MARSHAL BUT I BELIEVE HE MAY REQUIRE A BOX ON THE GATE. WE MAY NEED A TURN AROUND SOMEWHERE. SO FOR EMERGENCY VEHICLES SO THEY CAN TURN AROUND DOESN'T MEAN CONCRETE IMPROVEMENT BUT JUST AN AREA THAT THEY CAN SAFELY TURN AROUND AND MANEUVER.

THE FIRE HYDRANT, NEED TO DO SOMETHING WITH THE SIX INCH LINE. WE DO ON SOME LEVEL AGAIN WE'RE IT'S ALWAYS THAT CHICKEN AND EGG.

HE'S TRYING TO FIGURE OUT WHAT CAN HE DO AND WE'RE FIGURING OUT WHAT WE WANTS TO DO. WE'RE INCREMENTALLY MOVING

TOWARDS EACH OTHER. >> WHAT I'M HAVING A HARD TIME UNDERSTANDING IS UNDERSTANDING THANKFULLY THAT I HAVE A GOOD SCOPE OF THE AREA THAT THE GATE IN THE EASEMENT DO THE GATES

ACTUALLY BELONG TO MR. BARON? >> YES.

>> OKAY. BUT THERE ARE OTHER HOUSES DOWN THAT SAME ROAD A COUPLE OF THEM ON THE LEFT THAT ARE NOT PART OF HIM SO HE'S NOT GOING TO CLOSE THOSE GATES AND LOCK THEM OUT OF COMING AND

GOING. >> CORRECT.

>> SO WHY WOULDN'T MR. -- DO YOU THINK IT'S EVEN REMOTELY POSSIBLE THAT MR. BARON WOULD STILL HAVE THIS EASEMENT IS THAT THOSE GATES COULD BE DOWN MORE DOWN TO HIS CORNER OF HIS PROPERTY WHERE HE WOULD NEED THEM AND WOULD THE CITY FEEL BETTER ABOUT THAT IF THE GATES WEREN'T THERE?

>> I DON'T THINK WE CARE ABOUT THE GATES.

>> WE DON'T CARE ABOUT THE GATES.

FIRE NEEDS TO GET BACK THERE THEY HAVE AN APPARATUS.

>> THEY'RE NOT GOING TO BE CLOSED ANYWAY.

I DON'T SEE HOW >> I JUST DIDN'T KNOW IF THE CITY HAD PROBLEMS WITH THE GATES.

>> NOTHING HAS BEEN MENTIONED ABOUT THE GATE.

I GUESS SECOND -- >> THEY JUST WENT THROUGH

MEETING NATIONAL FIRE CODES. >> IS IT EVEN NECESSARY TO HAVE DISCUSSION WITH MOUNTAIN PEAK OR WHOEVER IT IS?

>> I DON'T KNOW THAT THERE'S BEEN DISCUSSION WITH THEM.

>> WE HAVE A LETTER FROM THE APPLICANT THAT HE OBTAINED SHOWING THAT MOUNTAIN PEAK DOES AGREE TO SERVE THEIR LOTS.

>> OUR EVALUATION INDICATES THAT THE EXISTING SYSTEM CAN REQUEST

[00:45:02]

SERVICE. >> SO I GUESS MY OTHER QUESTION IS THIS: YOU MAKE THE COMMENT THAT HE'S GOT -- WHAT HE WANTS TO DO THERE AND HERE ARE THE REGULATIONS OVER HERE.

WOULD IT BE MORE APPROPRIATE TO TABLE THIS THING UNTIL NEXT MEETING AND GIVE YOU FOLKS AN OPPORTUNITY TO SIT DOWN OR ARE

Y'ALL BEYOND THAT? >> WE JUST DON'T HAVE THE ABILITY TO NEGOTIATE OUR SUBDIVISION ORDINANCE.

>> WE HAVE PRECEDENCE OUT THERE, 40,000 PEOPLE WE'RE DEVELOPING IN THIS TOWN. 5,000 LOTS THERE WE'RE BUILDING AND HELPING BUILD SO WE'RE LOOKING AT A SUBDIVISION ORDINANCE AND THAT'S WHAT MINE LOOKS LIKE.

THAT'S WHAT WE STAND ON AND THAT'S WHAT WE DON'T HAVE THE ABILITY TO WAIVE. IF Y'ALL GIVE US THE ABILITY TO DO WILLY NILLY WITH THAT ORDINANCE WE CAN NEGOTIATE WITH ANYBODY BUT THAT'S NOT HOW STATE LAW WORKS FOR Y'ALL.

>> WHETHER OR NOT HE'S WILLING TO MAKE CHANGES.

>> I ASSUME HE HAS. HE'S OFFERED TO DO THE FIRE LINE IN THE FIRE HYDRANT AND I DON'T KNOW WHAT ELSE HE'S WILLING TO DO. AND Y'ALL KNOW THIS.

IT'S ALL NEGOTIATION. I MEAN --

>> I THINK THE OTHER QUESTION THAT I WOULD HAVE WHICH I RAN INTO A PROBLEM ON A PIECE OF PROPERTY IS I'M INTERESTED WHEN YOU REALLY NAIL IT DOWN TO SEE THAT MOUNTAIN PEAK IS GOING TO BRING A SIX INCH LINE ALL THE WAY DOWN THERE BECAUSE I CAN TELL YOU THAT MYSELF DIDN'T WORK OUT THAT WAY.

>> I THINK HE WILL. >> I KNOW BUT IT AIN'T CHEAP.

THAT'S MY QUESTION. IN MY CASE IT WAS 1,500 FEET

AWAY AND IT AIN'T CHEAP. >> SO THE QUESTIONS BEFORE WE GET -- IT'S NOT PART OF ANYTHING -- I GUESS MY MAIN QUESTION IS: IF THIS GENTLEMAN CAN COME UP OR IS THINKING OF VERBIAGE THAT CAN BE USED THAT MAKES THIS WORK I'M ALSO THINKING THAT WE HAVE APPROVED ON COUNCIL HAS IN RECENT YEARS OF SHARED DRIVEWAYS SO WE CAN'T JUST SAY THIS DRIVEWAY OR THIS EASEMENT CAN ONLY SERVE ONE. WE'VE APPROVED SHARED DRIVEWAYS TOO. NOT MANY OF THEM, CERTAIN

CIRCUMSTANCES. >> THERE WAS ONE OFF OF ASHFORD TO THE WEST OF SUTTON. BUT WE'VE ALSO APPROVED OF SOME OF THESE LONGER DRIVEWAYS TO USE ROBING BASE.

SO EVERYTHING HERE WE'VE APPROVED IT AND I WOULD LIKE TO FIGURE OUT A WAY TO UNTANGLE ALL OF THIS.

I GET YOUR PART. I GET IT.

BUT I'M HIM BECAUSE FOR ME CLENCHS ONE OF THE PROBLEMS HERE IS THIS -- THE CITY EASEMENT UTILITY PORTION OF THIS FIRE HYDRANT THAT TO ME IS THE MAIN CATCH YES OR NO? I BELIEVE YOU'RE CORRECT AND I BELIEVE THAT'S A FIRE CODE ISSUE AND I THINK BRIAN EXPLAINED IT AT THE BEGINNING.

WE DON'T WAIVER FROM FIRE CODE. I MEAN THAT'S NOT THIS BOARD'S

THING. >> MINE IS NOT A QUESTION OF WHETHER OR NOT HE HAS TO DO IT. HE'S GOING TO HAVE TO PUT IN THE HYDRANT AND DO A SIX INCH LINE. OKAY. THAT'S A NO GO.

THAT THE HAS TO HAPPEN. BUT WE'RE GETTING INTO SOME VERBIAGE BECAUSE THERE'S NOT A CITY ROAD AND YOU GOT TO STILL GET IT DOWN THERE, AM I WRONG ON WHAT I'M SAYING?

>> I THINK YOU'RE CORRECT. >> RIGHT.

>> SO THAT'S THE PART I'M TRYING TO WORK OUT AS IS THAT DOABLE OR DO WE REVIEW THIS AND.COM BACK IN A MONTH OR DOES THAT HURT

HIM? >> CAN I ASK A QUESTION WHEN YOU WERE TALKING ABOUT THE LETTER FROM MOUNTAIN PEAK AT THAT POINT

THERE WAS ONE LOT OR TWO? >> ONE OR TWO FROM A HYDROLOGICAL STANDPOINT BUT MINOR I BELIEVE.

OKAY. I DIDN'T KNOW IF THAT COVERED THE TWO LOTS.

THE LETTER YOU WERE READING. >> I WENT TO ASK AUDIO] YOU'VE GOT TO HAVE ENOUGH WATER FRAU GET THAT FAR IF THEY

[00:50:01]

ADDRESS THAT. >> I HAVE NOT TALKED TO THE DEPARTMENT ABOUT THE WATER LINE. I THINK THAT'S THE FIRST STEP.

I THINK WE DON'T HAVE ENOUGH INFORMATION.

HE NEEDS TO COME BACK WITH THE INFORMATION FROM TOWN PEAK ON RUNNING THE SIX-INCH LINE FOR THE HYDRANTS.

>> THAT WOULD ALSO GIVE THE LEGAL SIDE SOME TIME TO HASH

THROUGH. >> OKAY. SO IS THERE A MOTION?

>> I MOVE -- >> DO WE HAVE TO OR NEED TO MAKE A MOTION OF DENIAL OR IS THERE ANOTHER WAY WE CAN WORD IT TO

HOLD THINGS UP? >> WELL, I THINK WE HAVE TO

TABLE IT AT LEAST. >> THERE'S NO PUBLIC NOTICE.

THIS ISN'T PUBLIC HEARING. WE CAN GET THIS BACK ON THE AGE GENERAL AT THAT. WE TABLE IT AND CARRY IT OVER

RIGHT? >> YEAH YEAH.

I MEAN BUT LIKE I SAID THERE'S NO REASON TO CONTINUE OR

ANYTHING LIKE THAT >> YEAH.

I WOULD PUT A MOTION ON THE TABLE TO TABLE THIS UNTIL THE NEXT REGULAR MEETING. HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? FALL FAVOR?

>> AYE. >> ANY OPPOSED?

[011 Consider and act upon a special exception from the Subdivision Ordinance from Section 6.16 “Improvement Standards and Requirements” pertaining to driveway material on a new development at 824 Dividend Road in Eastgate, also to approved parking in the ROW. The property is approximately +/-2.66 acres being Lot 6, Block 2 of Eastgate Industrial Park (Case No. M21-2022-189).]

OKAY. 011, CONSIDER AND ACT UPON A SPECIAL EXCEPTION FOR THE SUBDIVISION ORDINANCE FROM SECTION 616 IMPROVING STANDARD OF PRACTICEDS AND REQUIREMENTS PERTAINING TO DRIVEWAY MATERIAL ON A NEW DEVELOPMENT AT # 24 DIFFICULT WEEKEND ROAD IN EAST GATE AND ALSO TO APROF PARKING AND RIGHT OF WAY.

THE PROPERTY IS APPROXIMATELY 2.6 ACRES BEING LOT 6 BLOCK TWO OF THE EAST GATE INDUSTRIAL PARK.

>> THIS IS CASE NUMBER 189 LOCATED AT 824 DIVIDEND.

SO SIMILAR TO OUR LAST CASE, THE APPLICANT IS ASKING FOR A SPECIAL EXCEPTION FROM SUBDIVISION ORDINANCE SPECIFICALLY SECTION 6.16 FOR OUR IMPROVEMENT STANDARDS WITHIN

OUR SUBDIVISION ORDINANCE. >> SO THE APPLICANT IS CONSTRUCTING A NEW BUILDING HERE ALONG THE RIGHT HAND SIDE.

HOWEVER, WITH THE NEW CONSTRUCTION APPLICANT WAS PROPOSING SEVEN PARKING SPACES HERE AS WELL AS KEEPING AN EXISTING GRAVEL DRIVE HERE. ANY NEW CONSTRUCTION REQUIRES CONCRETE PAVEMENT WHICH THIS IS GRAVEL AND WE ALSO MENTIONED IN OUR CAPTION THAT THE PARKING WAS WITHIN RIGHT OF WAY.

HOWEVER, AS OF LATER THIS AFTERNOON THE APPLICANT HAS WORKED THAT OUT WITH OUR ENGINEER AND NOW THOSE SPACES ARE OUT OF THE RIGHT OF WAY SO WHAT WE'RE LOOKING AT IS THE GRAVEL DRIVE. SO STAFF IS RECOMMENDING DENIAL BECAUSE WE DON'T FEEL THE SPECIAL EXCEPTION HINDERS THE APPLICANT TO OPERATE THE BUSINESS OR USE THE PROPERTY FOR ITS INTENDED USE IN ANY WAY. STAFF THE RECOMMENDING DENIAL FOR THE GRAVEL DLOUN. WE WANT THE APPLICANT TO MAKE IT

CONCRETE. >> QUESTIONS OF STAFF.

>> SO THE ONLY REASON IS THE GRAVEL DRIVEWAY FOR DENIAL.

>> YES. >> WHAT ARE THE REASONS BEHIND THAT? I THINK I KNOW.

IT IS A PRODUCT OF YOUR ORDINANCE BASE AND THAT'S THE

REASON. >> THE NEW CONSTRUCTION.

[00:57:24]

WHY CAN WE NOT LEAVE THIS PRIVATE ACCESS DRIVE FOR INTERNAL USE ONLY THREE QUARTER INCH ROAD BASE.

CRASHED ASPHALT ON TOP. PLENTY OF PSI TO HANDLE ANYTHING WE NEED. WE GET 18 WHEELERS ALL DAY EVERY DAY. SO OUR QUESTION IS WHY PUT -- THIS IS NOT LIKE A SUB DWIEGS WHERE YOU WOULD NEED TO GO OUT AND HAVE ACCESS. WHY CONCRETE IN FRONT OF THE

BUILDING OR THE DRIVEWAY? >> WHERE IS YOUR MAIN ENTRANCE?

>> RIGHT NOW THE MAIN ENTRANCE IS HERE.

>> OKAY. >> AND YOU CAN COME ALL THE WAY AROUND. THERE IS AN ENTRANCE HERE FROM

PRIOR PROPERTY OWNERS. >> YEAH.

>> QUESTIONS? >> IT'S UNNECESSARY.

>> WHERE IS YOUR BUILDING GOING TO SIT AGAIN?

>> GET RID OF CONTAINERS. >> THE CURRENT USE OF THAT SEAR

TRUCK TRAFFIC RIGHT? >> YES.

>> IT'S PROBABLY 50/50. >> I HAVE NO PROBLEM WITH TRUCK

PROPERTY ON THAT PLOT. >> WE AVERAGE 31 TRUCKS A DAY THROUGH THE BACKYARD. ANY OTHER QUESTIONS OF THE

APPLICANT? >> THANK YOU, SIR.

>> I GOT A QUESTION FOR YOU. WHAT ARE YOU GOING TO DO WITH

[01:00:03]

THE DRIVEWAY DIRECTLY ACROSS? >> WHATEVER THE CITY TELLS ME

TO. >> WHAT DO YOU PLAN ON?

>> NOTHING. >> WE'RE EVENTUALLY GOING TO DOWN THE ROAD PUT ANOTHER BUILDING GOD WILLING WE GET IT THE SAME SIZE AS THIS ONE RIGHT HERE BESIDE IT.

>> BUT YOU'RE NOT GOING TO CONTINUE TO UTILIZE THAT AS YOUR

DRIVEWAY? >> NO.

>> OKAY. THANK YOU. THAT'S SOLID ROCK.

IT'S NEVER BEEN IMPROVED. SO THERE'S NOT GOING TO BE ANY ISSUE IN MY VIEW WITH EMERGENCY VEHICLES GETTING IN AND OUT.

THEY'RE ALSO GOING IN WITH FIRE SUPPRESSION.

>> CORRECT. >> SO IS THERE ANYTHING I KNOW THAT WE'VE MADE ALLOWANCES IN OTHER COMMERCIAL PROPERTIES TO USE ROCK OR PROVIDE SOME FORM OF ENGINEERING BASED APPLICATION OF

ROCK. >> RIGHT.

>> IN THIS DEVELOPMENT WHILE -- IS THERE A WAY TO DO THAT TO SATISFY THE CITY? SO HE DOESN'T HAVE TO FOUR

$300,000 WORTH OF CONCRETE? >> YES.

THAT'S, AGAIN, THAT KIND OF GOES TO THE BEING HERE BEFORE PNZ.

ONCE AGAIN THINGS GET TRIGGERED BASED ON OUR REQUIREMENTS THAT SAY WHEN YOU COME INTO A NEW BUILDING THEN YOUR NEW CONSTRUCTION NEEDS TO MEET OUR CURRENT ASKED.

SO FROM THAT STANDPOINT IF YOU'RE GOING TO HAVE ACCESS THAT'S WHAT WE ALLOW FOR AND THEN YOU CAN GO TO AN ALL WEATHER TYPE SURFACE THAT CAN SUPPORT WHAT IT SAYS IN THE REGULATION IS UP TO # 0,000 POUNDS FOR FIRE APPARATUS.

OR IF YOU SAY THAT'S SHUTOFF ABTHERE'S NO ACCESS TO IT, THAT'S GOING TO BE OVER HERE AS THE WEST AND THE NORTH SIDE OF

THE SAND. >> THAT'S KEEPING IN MIND THE ONE ON THE WEST SIDE AND HE CAN -- THE OWNER CAN CORRECT ME IF I'M WRONG I BELIEVE THE MAJORITY OF THAT FRONTAGE IN FRONT OF THAT BUILDING BETWEEN THERE AND THE ROAD, IS THAT ASPHALT? THERE IS A SECTION LEFT BETWEEN

PROPERTY LINES 5UD AWED. >> HOW WOULD YOU AS AN ENGINEER VIEW THAT THAT IT WAS COMPLETED OUT BY THAT AND HE WOULD HAVE

WHAT HE HAS ON THE FOOTAGE. >> I'M ASKING YOU FROM

ENGINEERING. >> RIGHT NOW THEY'RE ASPHALT.

IF THEY CAN'T GET UP THROUGH THAT THEY CAN'T GET -- TYPICALLY ANY TIME YOU'RE GOING TO HAVE TURN MOVEMENTS AND THINGS LIKE THAT ON ASPHALT IT DOESN'T HOLD UP AS WELL AS CONCRETE.

>> AYE GOT LOG TRUCKS ROLLING UP THAT ROAD WELL OVER 100 THINNED POUND AS. THAT WOULD BE BEFORE AGAIN THIS

[01:05:08]

COMMISSION AND COUNCIL TO SAY IF YOU WANT TO DO THAT ASPHALT AS WELL YOU CAN DO THAT BUT DOESN'T MEET OUR MINIMUM REQUIREMENTS.

>> OKAY. THANK YOU VERY MUCH. >> ANY OTHER QUESTIONS?

>> I'VE JUST IS THIS OPEN MEETING OR --

>> WE'RE OPEN FOR DISCUSSION AND OR ACTION, SIR.

>> NO PUBLIC HEARING. >> CAN YOU PUT THAT KOMBICAL DRAWING UP? THAT'S BOBBY SMITH.

SO I WILL MENTION AS I DO IN THE BUSINESS IN EAST GATE DISTRICT PARK. THIS PARTICULAR SUBJECT IS A HUGE THORN IN MY SIDE BECAUSE THIS BUSINESS DISTRICT IS TOTALLY BUILT OUT. I DIDN'T EVEN KNOW YOU COULD FIND -- I GUESS WITHIN A PROPERTY THAT YOU'RE ALREADY ON YOU CAN FIND A SPOT BUT THERE ARE NO MORE SPOTS.

THIS BUSINESS CAME INTO EXISTENCE IN THE LATE 70S.

AND IT SERVED ITS PURPOSE WELL. THERE'S NOT GOING TO BE ANY CHANGES GOING ON OUT HERE. THERE'S NOT GOING TO BE MORE DEVELOPMENT GOING ON OUT HERE. IT'S LAND LOCKED.

THERE'S HOUSES BEING BUILT AROUND IT.

IT'S A MEDIUM INDUSTRIAL DISTRICT SO THERE'S NOT GOING TO BE ANY CHANGE. IF YOU WANT TO INCLUDE THE TWO CONCRETE PLANTS THAT ARE -- HALF OF ONE AND ALL OF THE OTHER, THEY'VE GOT ABOUT 9.7% OF THOSE PROPERTIES ARE CONCRETED.

THE TOTAL OF THE TWO TOGETHER FOR IMPROVED SURFACE FROM THE WEST CITY WOULD LOOK AT IT AS ONLY ABOUT 25.7%.

DUE TO THE BUILDOUT, DUE TO THE LIKE BUSINESSES IN THIS SUBDIVISION. I LOOK FROM MY PERSPECTIVE TO REQUIRE A GENTLEMAN TO PUT OVER 300,000 MORE DOLLARS IN EXPENSE WHICH HE WILL NOT BE ABLE TO RECOUPE BECAUSE IF HE TRIED TO SELL THAT PROPERTY IN A YEAR IT'S BASED OFF OF LIKE SURROUNDING PROPERTY AS PART OF HIS PROPERTY VALUE.

SO IT DOES PRODUCE AN EXTREME HARDSHIP IN MY VIEW.

SO MY VIEW ON THIS IS I DON'T HAVE A PROBLEM IN THE WORLD WRONG WITH IT. I BELIEVE THAT I'LL LEAVE THE BALANCE OF THE COMMISSION TO MAKE THEIR DECISIONS BUT I DO BELIEVE THERE NEED TO BE SOME DECISIONS MADE ABOUT BUILDING FRONTAGE. I DON'T KNOW IF IT'S GOING TO -- IT SUITS ME FOR HIM TO HAVE ASPHALT ON FRONTAGE.

I DO SEE A SLIGHT PROBLEM WITH THE ENTRANCE AT THE NORTH WHICH I KNOW WILL BE USED SOMEWHAT FOR TRAFFIC AND EMERGENCY PERSONNEL COULD WANT TO ENTER THERE SO I SEE THE POTENTIAL OF THAT BEING MADE IF YOU'RE GOING TO CHANGE IT, DO CONCRETE THERE BUT THAT'S WHERE I'M AT ON THIS. THE MAN IS GOING TO MAKE A GOOD IMPROVEMENT ON THAT PIECE OF PROPERTY AND WE JUST -- AND THE MAIN THING THAT STICKS OUT TO ME IS IT'S NOT GOING TO BE OF RETAIL USE. IT'S STORAGE.

SO THAT'S MY TAKE ON IT. I UNDERSTAND YOU PRODUCE YOUR OWN HARDSHIPS AND I RESPECT THAT.

IT'S EASY TO MAKE YOU SOUND LIKE THE BAD GUYS BUT YOU'RE HIRED TO GUARD THOSE ORDINANCE AND BUILDING STANDARDS SO I GET ALL THAT. NO PROBLEM WITH THAT.

[01:10:01]

I'M JUST TRYING TO APPLY SOME COMMON SENSE TO A SITUATION THAT TO ME IS DEFINITELY A HARDSHIP ON THE MAN IT'S NOT LIKE IT'S TEN GRAND. IT'S 300 K PLUS.

I GOT A LOT OF RESPECT FOR THAT.

>> THANK YOU. ANYBODY ELSE? CREASE OKAY. WHAT'S THE PLEASURE OF

THE COMMISSION? >> I WOULD MOVE THAT WE WOULD APPROVE AS APPLICANT HAS REQUESTED.

I WOULD ENTERTAIN BEFORE I CLOSE OUT MY MOTION IF ANY OF THE COMMISSIONERS ARE EVEN LEGAL HAS COMMENTS TO MAKE OF CONCERNS I'M OPEN TO THAT BUT AS FAR AS THE -- I GUESS BEFORE WE DO FINALIZE THE MOTION WE NEED TO FIGURE OUT WHAT WE'RE GOING TO DO ON THE BUILDING FRONTAGE AS FAR AS ASPHALT GOES AND I THINK THE NORTH ENTRANCE NEEDS TO BE CONCRETE APPROACH FOR THE 25 FOOT OR WHATEVER ENGINEERING STAFF WOULD REQUIRE.

[012 Conduct a public hearing and consider and act upon an ordinance to rezone Lot 2 of Block 28, Original Town City of Midlothian (commonly known as 105 N 6th St) from Residential Three (R3) District to Urban Village Planned Development District No. 57 (UVPD-57) for general professional office uses. The property is generally located on 80’ north of the intersection of N. 6th Street and Main Street. (Z46-2022-178)]

>> THE PROPERTY IS GENERALLY LOCATED ON 80 FEET NORTH OF THE INTERSECTION OF NORTH SIXTH STREET AND MAIN STREET.

>> SIR, WITH THIS REQUEST IF YOU'RE FAMILIAR PROBABLY ARE WITH IV STUDIOS STONES THROW FROM CITY HALL.

THE OWNERS OF IV STUDIOS WHICH ARE CURRENTLY GOVERNED BY AN URBAN VILLAGE ON SPEEDY 57 BOUGHT THE PROPERTY NEXT DOOR TO THEM AND SO THEY INTEND TO BE ABLE TO RENT THAT OUT FOR PROFESSIONAL OFFICE USE. THEY'RE CURRENTLY LOOKING AT A FISCAL THERAPIST OPERATING OUT OF IT.

SO WHAT THEY WOULD LIKE TO DO IS ESSENTIALLY JUST EXPAND THEIR PD

[01:15:05]

57 TO INCLUDE THAT LOT AND SO WHAT THEY WOULD DO IS SOMETHING SIMILAR AS THEY HAVE WITH IV STUDIO.

THEY WOULD HAVE -- THEY WOULD PUT A MONUMENT SIGN ON.

THEY WOULD CONCRETE IN AND RIGHT OF WAY PREEN VIED THE HANDICAPPED PARKING A TOTAL OF FIVE SPACES NOT UNLIKE THEY DID IV STUDIO. AND IT'S A LITTLE HARD TO TELL IN THIS COLOR THEY WOULD PUT IN A CEDAR SIX FOOT FENCE HERE TO BE ABOVE IT AND BETWEEN THEM ON THE DMREKS DOOR ON THE RIGHT HAND SIDE AND THAT WOULD BE OF A SIMILAR STYLE HERE WHERE IT WOULD COME FROM THAT SIX FOOT DOWN TO THE FOUR FOOT SO THE IDEA WOULD BE TO TRY TO KIND OF HAVE A MIRROR MATCH OF THE FENCE WITH THE EXCEPTION BEING THEY WERE NOT PROPOSING TO DO THE COLUMNS AGAIN SET JUST IN SIMILAR STYLE WOOD FENCE.

THIRD DEGREE JUST BE AN EXPANSION OF AN ADDITION THAT WOULD PROVIDE THE SAME USES OF PHOTO CITY OF PROFESSIONAL OFFICE AND AGAIN APPLICANTS LOOKING TO LET OUT THAT PROPERTY TO PHYSICAL THERAPISTS FALLING UNDER PROFESSIONAL OFFICE USES AND THEY WOULD SATISFY PROVIDING FIVE PARKING SPACES BASED ON THE SQUARE FOOTAGE OF THAT BUILDING AND IF IN THE FUTURE SOMEONE WANTED TO DO SOME OTHER USE OR TO SAY DO SOME DRAMATIC REMODEL OR TEAR DOWN THE BUILDING AND BUILD SOMETHING ELSE THEY WOULD NEED TO COME BACK TO Y'ALL AND GO THROUGH THE ZONING PROCESS TO AMEND THAT PD SO ALL YOU'RE REALLY APPROVING IS TO SAY YOU CAN DO THOSE FIVE PARKING SPACES AND THAT MONUMENT SIGN.

YOU CAN DO THAT FENCE THAT GOES FROM SIX TO FOUR FEET A LITTLE FURTHER OUT IN THE FRONT YARD THAN YOU MIGHT NORMALLY BUT IT MATCHES THE STUDIOS AND TO DO THE SAME USES WITH THE PROFESSIONAL OFFICE. IT'S STILL ALLOWS THE PHOTO STUDIO BUT THEY'RE NOT LOOKING INTO MOVING INTO THAT BUILDING.

THEIR GOAL IS TO LET IT OUT TO A PHYSICAL THERAPIST.

AND THE APPLICANT IS HERE TONIGHT.

HAPPY TO TAKE QUESTIONS. >> QUESTIONS OF STAFF? DOES THE APPLICANT WISH TO SPEAK?

>> YOU CAN COME UP.

I'M CHRIS SMITH. I'VE PHOTOGRAPHED MANY OF YOU AND THIS PROPERTY, YOU KNOW, IT'S ONE OF THOSE BLESSING THINGS CAME UP FOR SALE. I APPROACHED THE NEIGHBOR.

WE'D LOVE TO HAVE THAT. IT FITS IN LINE WITH THE CITY'S PLANNING FOR THAT AREA. WE HAVE A FRONT ROW SEAT TO THE DEVELOPMENT FOR THE LOSS AND BUILDING AND FOR SOME OF THE OTHER COMMERCIAL PROPERTIES THAT ARE REVITALIZING THAT PART OF SIXTH STREET. I BELIEVE THERE'S ONLY ONE RESIDENT LEFT ON OUR STREET TO THE NORTH.

SO WE HAVE A PHYSICAL THERAPIST WHO IS TENTATIVELY PLANNING TO LEASE THE BUILDING. SHE DOES WOMEN'S HEALTH AND SHE'S HAPPY TO BE THERE IF WE CAN GET YOUR APPROVAL.

>> QUESTIONS OF THE APPLICANT? OKAY. THANK YOU, SIR.

>> THANK YOU. >> OKAY. DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK SO I'LL ENTERTAIN A MOTION.

>> MAKE A MOTION TO CLOSE. >> MOTION AND SECOND TO CLOSE PUBLIC HEARING. ALL IN FAVOR.

>> AYE. >> OKAY. FLOOR NOW OPEN FOR DISCUSSION OR ACTION. MAKE A MOTION TO APPROVE AS

PRESENTED. >> SECOND.

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

ANY FURTHER DISCUSSION? ALL IN FAVOR.

[013 Consider and act upon a request for the approval of a site plan, landscape plan, and building elevations for ± 3.465 acres in the proposed Hawkins Meadow Addition, Lot 4A, 4B and 4C, Block 7, out of the Marcellus T. Hawkins Survey, Abstract No. 463. The property is generally located to the south of Hawkins Run Road, between FM 663 and 14th Street (SP13-2022-176).]

>> AYE. >> ANY OPPOSED?

>> UNANIMOUS.

ITEM 013. APPROVAL OF THE SITE PLAN LANDSCAPE PLAN AND BUILDING ELEVATION FOR 3.465 ACRES IN HAWKINS MEADOW 4A, B, C. BLOCK SEVEN.

ABSTRACT NUMBER 463. THE PROPERTY LOCATED TO THE SOUTH OF HAWKINS RUN ROAD.

>> THANK YOU, SIR. I'M GOING TO FOR CASE NUMBER SP 13-2022-176 FOR HAWKINS MEADOWS DEVELOPMENT AND AGAIN AS YOU SEE ALONG THE LEFT-HAND SIDE THE APPLICANT IS PROPOSING A MULTITIERED RETAIL DEVELOPMENT AT THE INTERSECTION OF HAWKINS RUN AND 14TH STREET. AND THE -- THE TOTAL SITE IS JUST UNDER THREE AND A HALF ACRES AT 3.46 ACRES AND THE LAND

[01:20:01]

IS CURRENT UNDEVELOPED AND THIS IS WITHIN PLAN DEVELOPMENT 68 IN THE HAWKINS MED DOES PD. WE WANT TO NOTE AT THE JULY 23RD, 2019, CITY COUNCIL MEETING THE COUNCIL VOTED TO APPROVE THE EXISTING PD HOWEVER ANY SITE PLAN WITHIN THAT HAD TO COME BACK AND SO THAT'S WHY THE APPLICANT IS BEFORE YOU TONIGHT.

SO THE NEXT SLIDE DEPICTS THE SITE PLAN FOR THE RETAIL DEVELOPMENT. ALONG THE LEFT HAND SIDE A PROPOSED DEVELOPMENT WITH THE BUILDING JUST OVER 21,000 SQUARE FEET. IT WILL BE LIMITED TO COMMUNITY RETAIL USES PER CITY OF MIDLOTHIAN ZONING BOARD AND IT'S ONE STORY. 113 PARKING SPACES.

WE WANT TO NOTE THAT I KNOW IT'S HARD TO TELL RIGHT HERE DEPICTS DRIVE THROUGH SERVICE HOWEVER THIS IS JUST ILLUSTRATION PURPOSES AT THE TIME CURRENTLY THE APPLICANT IS NOT AWARE OF THE USERS FOR IT SO THE APPLICANT IS AWARE THAT ANY DRIVE THROUGH SERVICE HAS TO COME THROUGH AN SUP SO WE WANTED TO MAKE NOTE OF THAT. THIS NEXT SLIDE DEPICTS A LANDSCAPE PLAN. APP SCANT PROVIDING SUFFICIENT LANDSCAPE LIVE OAKS CREPE MYRTLE AND SHRUBS.

>> THIS IS RETAIL. THE ONLY VARIANCE WE'RE ASKING FOR IS THE DISTANCE ON THAT CAN WE GO BACK LET ME SEE I'M TECHNICALLY CHALLENGED. CAN I GO BACK TO THIS? I THINK I DID. THERE.

TO THE WEST. WE'RE BUILDING THREE BUILDINGS THERE. ONE OF THEM IS A DOCTOR BUOY IS ALREADY APPROVED. WE HAVE TWO OTHER APPROVED.

IF ALL OUR TRAFFIC TO THAT THAT'S A PRETTY BIG EXCUSE ME RETAIL SITE. IF ALL OF THE TRAFFIC IS GOING IN FRONT OF THOSE THREE OFFICE BUILDINGS, WE BUILT EIGHT OFFICE BUILDINGS THERE IF YOU GUYS EVER DRIVE OVER BY THE KROGER YOU'LL SEE THEM. THERE'S A LOT OF CARS.

WE PERSONALLY FEEL IT'S NOT THE BEST TO HAVE TONS OF TRAFFIC GOING THROUGH THOSE PARKING LOTS.

WE'D RATHER SEE A RIGHT IN RIGHT OUT AT THAT LOCATION EVEN THOUGH IT DOES NOT MEET THE CITY STANDARD FOR DISTANCE.

SO WE ARE RESPECTFULLY ASKING FOR A VARIANCE AND OUR ONLY REASON IS WE JUST -- YOU CAN'T GO OUT THERE AND TAKE A LEFT.

YOU'D ONLY BE ABLE TO GO RIGHT OR COMING DOWN THE ROAD YOU CAN TURN INTO THE RETAIL THERE. WE FEEL IT'S SAFER AND BETTER BUT IF IT'S NOT YOUR PLEASURE WE UNDERSTAND.

AND IF YOU HAVE QUESTIONS, WE'D BE HAPPY TO ANSWER HERE.

[01:25:04]

>> QUESTIONS. >> OKAY. THANK YOU, SIR.

>> THANK YOU.

>> HAVING NO ONE ELSE SIGNED UP OR NO OTHER FORMS I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOTION TO CLOSE. >> I'M SORRY.

THIS IS NOT A PUBLIC HEARING. I'M AHEAD OF MYSELF.

FLOOR IS OPEN FOR DISCUSSION OR ACTION.

WHAT DOES STAFF HAVE TO SAY ABOUT THIS?

>>

>> YOU'RE SAYING -- ARE YOU SAYING YOU APPROVE THE REQUEST

FOR -- >> PENDING THEY'RE PROPOSING -- WE'RE REQUESTING THEY REMOVE THIS DRIVE AND USE CROSS ACCESS

HERE >> BUT HE'S PROPOSE, THE DRIVE.

>> YES, SIR. >> AND THAT'S MY QUESTION FOR WHOEVER WANTS TO ANSWER IT IS, IS WHAT DO YOU THINK ABOUT THAT?

>> AND WHAT WOULD BE THE REASONS WHY OTHER THAN THAT'S IN THE

ORDINANCE. >> SORRY.

>> OKAY. SO ONE THING THAT WE ARE LOOKING AT AND DISCUSSING WITH APPLICANT IS THE POSSIBILITY OF JUST HAVING THE RIGHT IN ONLY AND NOT A RIGHT OUT AS WELL AND THE CONCERN IS REALLY WHEN YOU START LOOKING AT -- RIGHT NOW IT'S NOT REFLECTIVE. THERE'S ACTUALLY A LEFT TURN

LANE THERE AS WELL. >> SO FROM A SPACING STANDPOINT AGAIN IT DOESN'T MEET OUR REQUIREMENTS FROM A SPACING WITH THIS BEING A MINOR ARTERIAL. WE THINK WE CAN MAKE IT WORK SAFELY WITH A RIGHT IN ONLY AND OUT BECOMES AN ISSUE OF NUMBER ONE WITH THE NEW SCHOOL OPENING THERE'S GOING TO BE TRAFFIC THERE AS WELL SO WE'RE AT 90% OF DESIGN OF THE TRAFFIC SIGNAL.

THAT GETTING ACROSS YOU'RE GOING TO CROSS TWO LANES TO GET OVER TO TURN SO IT'S A SHORT AREA. YOU'RE GOING TO BE QUICK TO DO THAT SO AN OUT IS LITTLE MORE OF A -- SO WE HAVE BEEN WORK, THE APPLICANT ON THAT SIDE OF IT. WE UNDERSTAND THAT IF YOU WANT TO GO OUT AND GET BACK ON HAWKINS AND HEAD BACK TO THE WEST YOU HAVE THAT ABILITY. AND YOU CAN DO THAT.

BUT YOU ALSO HAVE THE ABILITY TO GO TO 14TH STREET OR THE SOUTH AND IT GOES THROUGH PART OF THE DEVELOPMENT A LITTLE BIT SO THAT'S ONE WHERE IT'S SET UP TO DO THAT GO PAST THE A FEW HOMES I BELIEVE BEFORE YOU CAN GET THROUGH THE MAIN ENTRANCE THERE BUT IT IS PROVIDED AS PART OF THE OVERALL SITE LAYOUT AND

DEVELOPMENT. >> SO WHAT WAS THE OBJECTION FROM THE APPLICANT? EXCUSE ME.

WE DO NOT HAVE A PARTICULAR OBJECTION TO IT AND WE HAVE TALKED WITH STAFF AND THEY INDICATED WHAT IF WE COULD JUST DO A RIGHT IN AND WE SAID, WELL, YOU KNOW, IF THAT'S WHAT WE CAN GET WE'LL TAKE IT. IT'S NOT GOING TO MAKE OR BREAK THE DEAL. WE'RE COMING IN AND ASKING FOR IT ON ONE HAND WE WONDERED WOULD SOMEONE HERE OR ON THE COUNCIL LATER BE TRYING TO COME OUT OF OUR RETAIL AND GO DANG IT, I CAN'T GO OUT THAT WAY. YOU KNOW.

SO IT DOES MAKE IT EASIER BUT I AGREE WITH THE STAFF.

IF SOMEBODY GOES OUT AND TRIES TO CUT OVER AND TURN LEFT AND GO NORTH ON 14TH IT'S A HAZARD SO WE DON'T OBJECT TO IT IF THAT'S WHAT EVERYBODY THINKS WE SHOULD DO.

ONCE YOU'RE THERE YOU'LL FIND YOUR WAY OUT.

>> OKAY. THANK YOU.

[01:30:01]

>> ANY FURTHER DISCUSSION? WHAT'S THE PLEASURE OF THE COMMISSION?

>> I MOVE TO APPROVE WITH THE RIGHT IN ONLY OFF OF HAWKINS

RUN. >> SECOND.

>> WE HAVE A MOTION AND A SECOND TO APPROVE WITH RIGHT IN.

ONLY. ANY FURTHER DISCUSSION?

>> AYE. >> ANY OPPOSED?

[014 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) to allow for a proposed coffee shop (Scooter’s Coffee) with a drive-thru and additional signage. The property is located at 721 E. Main Street (directly to the east of O’Reilly’s Automotive) (SUP26-2022-181)]

IT'S UNANIMOUS.

>> 014, CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT UPON AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A PROPOSED COFFEE SHOP SCOOTER'S COFFEE WITHIN OR WITH A DRIVE THROUGH AND ADDITIONAL SIGNAGE LOCATED AT 712 EAST MAIN STREET DIRECTLY TO THE EAST OF O'RILEY'S AUTOMOTIVE.

>> OUR NEXT CASE FOR THIS EVENING IS FOR AGENDA ITEM 14 FOR CASE SUP-26-181 TO SUPPORT SCHOOLER'S COFFEE DEVELOPMENT PROPOSAL ALONG 721 EAST MAIN STREET JUST UNDER AN ACRE AT 0.932 ACRES. S THE UNDEVELOPED AND APPLICANT IS REQUESTING SUP FOR COFFEE SHOP DRIVE THROUGH ONLY ON THE SUBJECT PROPERTY LOCATED WITHIN PLANNED DEVELOPMENT TWO IF YOU REMEMBER THIS IS A CASE THAT YOU IDENTIFIES AS WELL AS COUNCIL SAW BEFORE ON MARCHALTH. CITY COUNCIL VOTED TO RECOMMEND DENIAL OF THE PROPOSAL AND THOUGH THERE WAS NUMEROUS TOPICS DISCUSSED THE PRIMARY REASON WAS THAT WE WANTED TO SEE OR AT LEAST COUNCIL WANTED TO SEE CROSS ACCESS BETWEEN O'RILEY ANDS AND THE SHOP. SO WE'LL GET MORE INTO THAT HERE AS IT GOES BUT THAT WAS ADDRESSED BY THE APPLICANT.

THIS NEXT SLIDE DEPICTS A SLIGHT PLAN.

AGAIN, 664 SQUARE FOOT DRIVE THROUGH BUILDING JUT LINED IN PINK HERE. THE APP SCANT PROPOSING SEVEN PARKING SPACES HOWEVER THIS IS GOING TO BE EMPLOYEE ONLY IT'S GOING TO BE ON THIS RIGHT HAND SIDE HERE AND AGAIN SOOTER'S COFFEE SERVES COFFEES, TEAS, SNACKS, BREAKFAST, 5:30 TO 8:00 SEVEN DAYS A WEEK. SO GOING BACK TO THAT CITY COUNCIL MEETING ON MARCH 8TH NOTABLE CHANGES I WON'T READ THROUGH EACH ONE BUT I WANT TO TOUCH ON THE FIRST AND LAST ONE.

THE APPLICANT HAS NOW RECEIVED APPROVAL FROM TEXDOT TO HAVE ACCESS ON EAST MAIN STREET. THE APPLICANT TRIED NUMEROUS TIMES TO CONTINUE TO REACH OUT AND WORK WITH O'RILEYS HOWEVER THEY SHOWED NO INTEREST IN PROVIDING THAT CROSS ACCESS EASEMENT SO THEY COULD NOT BE DENIED ACCESS TO THAT PROPERTY SO THEREFORE TEXDOT REVIEWED IT AND GRANTED APPROVAL TO THE APPLICANT TO ALLOW ACCESS FROM EAST MAIN STREET SO THAT WAS ONE PRIMARY DISCUSSION FROM THAT MEETING AND THAT ANSWERS THAT.

AND LASTLY THERE WAS DISCUSSION AMONGS THE BUILDING IF IT WERE TO GO OUT FE BUSINESS FOR WHATEVER REASON SO THE APPLICANT APPLY -- DID APPLY STANDARD WITHIN THE ORDINANCE SECTION 8 C STATING THAT THE BUILDING AND ALL OTHER REMAINING THINGS BELONGING TO THE APPLICANT ON SITE WILL BE REMOVED ONCE THE USE TERMINATES FROM THE SITE. SO I DIDN'T WANTED TO POINT OUT THOSE TWO THINGS. NEXT SLIDE DEPICT TEA LANDSCAPE PLAN THE APPLICANT IS PROVIDING SUFFICIENT LANDSCAPING CONSISTENT WITH ELM TREES, SCRUBS AND THE ELEVATION OF THE SITE PLAN PRIMARILY CONSISTING OF BRICKS, STUCO, METAL.

THE APP SKIPPED ALLOWED ONE WALL SIGN ON THE FRONT SIDE OF A FREE STANDING BUILDING AND IS REQUESTING THREE SIGNS.

THE APPLICANT BELIEVES IT'S A BETTER LOOK AESTHETIC WISE AS OPPOSED TO ONE LARGE SIGN. STAFF IS OKAY WITH THAT VARIANCE REQUEST AND RECOMMENDING APPROVAL AS PRESENTED.

>> OKAY. QUESTIONS OF STAFF? OKAY. DOES THE APPLICANT WISH TO SPEAK? DO WE KNOW YOU?

>> MY NURSED TIME HERE [LAUGHTER].

>> WE ADDED MORE TREES AND SHRUBS AND TRIED TO GO ABOVE AND

[01:36:16]

BEYOND WHAT YOU TYPICALLY DO. HE'S THE THINGS THAT WE HAVE DONE THE LAST SIX MONTHS SINCE WE FIRST APPLIED AND GOT DENIED BY CITY COUNCIL BASED OFF OF THEIR CONCERNS.

WE DID ALSO ONE CONCERN WAS IT'S A SUPER SMALL BUILDING, 654 SQUARE FEET. WHAT IF IT GOES OUT OF BUSINESS OR THEY MOVE, WHAT DO YOU DO WITH THIS BUILDING? REUSE IT. REPURPOSE IT.

PART OF THE LEASE AGREEMENT WITH THE PROPERTY OWNER WE HAVE TO REMOVE THE BUILDING. THERE'S PROVISIONS TO REMOVE IT AS WELL AS IN THE ORDINANCE ITSELF AND A MECHANISM TO REMOVE IT. SO THERE'S TWO DIFFERENT MECHANISMS SET IN PLACE FOR US TO REMOVE THE PROPOSED 654 SCARE FOOT BUILDING IN THE AMOUNT IT GOES -- EVENT IT GOES OUT OF BUSINESS. PRETTY MUCH DID A GREAT JOB.

I'M HERE TO ANSWER QUESTIONS YOU MIGHT HAVE.

>> YESES IF THE

. >> I'M JUST CURIOUS ABOUT THE DOES -- I DON'T REMEMBER THEM HAVING A CURB ON THAT.

>> SO, YEAH. >> WILL YOUR CONCRETE I WOULD

ASSUME BORDER THEIR CONCRETE? >> NO.

SO RIGHT HERE I'LL STEP AWAY.

EVENT THEY OPEN THAT UP FOR CROSS ACCESS THERE'S AN EASEMENT

IN PLACE TO PROVIDE THAT. >> ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU.

>> THANK YOU, SIR. >> THANK YOU.

IS JAMES PRESENT? OKAY. LET THE RECORD SHOW HE SUBMITTED A FORM IN OPPOSITION.

BEING NO ONE ELSE SPEAKING ENTERTAIN A MOTION TO CLOSE THE

HEARING. >> I'LL MAKE A MOTION TO CLOSE.

>> SECOND. >> HAVE A MOTION AND SECOND TO CLOSE PUBLIC HEARING. ALL IN FAVOR.

>> AYE. >> ANY OPPOSED?

>> OKAY. FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> TO APPROVE. ANY FURTHER DISCUSSION?

ALL IN FAVOR. >> AYE.

>> OPPOSED. IT IS UNANIMOUS.

>> YOUR FIRST WIN. YAY.

[LAUGHTER]

[015 Conduct a public hearing and consider and act upon a request for a Specific Use Permit for a multi-family residential development within Planned Development 146 (PD-146). The property is generally located on Highway 287 and Old Fort Worth Road. (SUP25-2022-175)]

015. PLAN DEVELOPMENT 146 GENERALLY LOCATED ON HIGHWAY 287 AND OLD FORT WORTH ROAD.

>> THANK YOU. OUR NEXT CASE IS FOR AGENDA ITEM 15 FOR CASE SUP 25-2022-175 FOR PARK WEST SIDE PHASE TWO DEVELOPMENT. AS YOU SEE AH ON THE SCREEN IT'S A MULTIFAMILY DEVELOPMENT WITHIN WEST SIDE PRESERVE PLANNED DEVELOPMENT ALONG HIGHWAY 287 IN OLD FORT WORTH ROAD BEING JUST OVER 17 ACRES AT 17.35 ACRES. THE LAND IS CURRENTLY UNDEVELOPED AND IT IS ZONED AGAIN WITHIN PLANNED DEVELOPMENT 146 OF THE WEST SIDE PRESERVED PLAN DEVELOPMENT.

SO AGAIN JUST GIVING YOU GUYS HISTORY AGAIN.

DECEMBER 14TH CITY COUNCIL MEETING VOTED 4-1 TO APPROVE THE PLAN DEVELOPMENT FOR WEST SIDE PRESERVE.

[01:40:04]

WITHIN THAT -- SORRY, WITHIN THAT PLANNED DEVELOPMENT THERE ARE TWO MULTIFAMILY TRACTS ONE AT THE BOTTOM RIGHT WHICH WAS IN DETAIL WITHIN THE ORDINANCE HOWEVER WHAT WE'RE DISCUSSING ON TONIGHT WHICH IS ALONG HERE THAT WAS SOMETHING THAT REQUIRED TO COME THROUGH PNZ AND COUNCIL AND THAT'S WHY THE APPLICANT IS BEFORE YOU GUYS TONIGHT UNDER AN SUP.

IT'D TOTALS OUT TO 294 TOTAL UNITS.

THESE NEXT TWO SLIDES TOUCH ON A BRIEF SUMMARY OF THE SITE SO AGAIN APPLICANTS GOING TO HAVE A CLUBHOUSE FOR RESIDENTS, FITNESS CENTER, POOL, SPORTS COURTS, WALKING TRAIL, COMMON AREA, COMMUNITY SPACE. ON THE INTERIOR THEY INTEND TO HAVE GRANITE COUNTERTOPS, HIGH CEILINGS, WALK IN CLOSETS.

AGAIN THIS IS IN A PD AND WITH THE EXCEPTION OF A FEW THINGS EVERYTHING REVERTED TO OUR MULTIFAMILY ZONING DISTRICT WITHIN OUR ORDINANCE. ALONG THE LEFT HAND SIDE IS OUR DEVELOPMENT STANDARDS IN THE SECOND COLUMN HERE IS WHAT THE CITY OF MIDLOTHIAN REQUIRES. THIRD COLUMN IS WHAT THE DEVELOPMENT IS PROPOSING. SO AS YOU SEE THE APPLICANT IS MEETING THE REQUIREMENTS WITH THE EXCEPTION OF BUILDING HEIGHT THE MAXIMUM IS TWO STORIES AND THE APPLICANT IS REQUESTING THREE STORIES. AND FOR THE PARKING AND SO AS YOU SEE HERE THE REQUIREMENT IS 264 -- 132 DETACHED AND 132 TUCK UNDER GARAGES AND APPLICANTS PROPOSING 375 UNCOVERED SPACES BUT 78 CARPORTS AND 78 DETACHED GARAGES AND WE'LL KIND OF DEFER TO THE APPLICANT TO SPEAK MORE ON THEIR REASONING BEHIND THAT.

THIS NEXT SLIDE IS THE LANDSCAPE PLAN THE APP SCANT PROVIDING THE SUFFICIENT LANDSCAPING FOR THE SITE.

IT'S GOING TO BE SURROUNDED WITH WROUGHT IRON FENCE AND MASONRY FENCE AND THIS NEXT SLIDE IS ELEVATION FACADE RENDERING OF WHAT THAT MULTIFAMILY DEVELOPMENT WILL LOOK LIKE.

AGAIN BREAKING DOWN THE PARK LAYOUT AS I MENTIONED BEFORE WHAT THE REQUIREMENT IS FOR MULTIFAMILY IS 264 ATTACHED GARAGES, 132 DETACHED.

>>> AS WE MENTIONED A FEW MOMENTS AGO, THERE IS A SECOND PROJECT IN THE SAME PD. THE PARK WEST SIDE THAT WAS ALSO

[01:45:02]

FROM OUR OFFICE. I DESIGNED AND BUILT THAT ONE WITH THE SAME DEVELOPER AND JUST BECAUSE OF THE DEMAND HERE IN THE CITY OF MIDLOTHIAN WE LOVE THE CITY AND JUST YOUR PROXIMITY TO DALLAS AND THE PENT UP DEMAND LIKE I MENTIONED THAT IS HERE WE'RE JUST INTERESTED IN DEVELOPING A SECOND COMMUNITY AND WE'RE LOOKING TO EVEN APPROVE UPON THE DESIGN THAT WE DID FOR PHASE ONE TRYING TO MAKE THE NEXT BEST APARTMENTS IN THE CITY OF MIDLOTHIAN. I WANT TO TOUCH ON A COUPLE OF QUICK THINGS FOR YOU AND THEN I WOULD LOVE TO HEAR ANY QUESTIONS YOU GUYS HAVE TO ANSWER DETAILS. I DID WANT TO BRIEFLY KIND OF REITERATE THAT WE'RE LOOKING TO DO 294 RESIDENTIAL UNITS ARRANGED IN OUR THREE STORY RESIDENTIAL BUILDINGS.

WE'RE GOING TO BE HAVING AS YOU NOTICED OUR AMENITY LIST IS VERY EXTENSIVE ON THIS ONE. WE FEEL THAT WHAT SELLS THESE COMPLEXES IN THIS LUXURY MARKET WE'RE AIMING FOR IT'S AMAZING HAVING A NICE UNIT WITH GRANITE COUNTERTOPS, STAINLESS STEEL APPLIANCES BUT WHAT SELLS THE PROJECT ARE THE AMENITIES OFFERED TO THE TENANTS. WE'LL HAVE A LUXURY FITNESS CENTER IN THE CLUBHOUSE SO YOU CAN GO AHEAD AND CANCEL YOUR GYM MEMBERSHIP AS SOON AS YOU SIGN A LEASE.

WE ALSO PROVIDE A JOGGING TRAIL THROUGHOUT THE PROJECT.

THERE'S PET WASH STATIONS. YOU CAN WASH YOUR PET AT THE CLUBHOUSE. THERE'S GOING TO BE A PRIVATE PET YARD LOCATED AT ALL THE SEVERAL OF THE UNITS ON GROUND FLOORS. YOU CAN HAVE A PRIVATE STEP OUTYARD IN AN APARTMENT ATMOSPHERE.

WE'RE GOING TO HAVE THINGS LIKE IF YOU LOOK AT SOME OF THOSE OTHER PROJECTS I WAS MENTIONING WE HAVE PUTTING GREENS, OUTDOOR PING PONG TABLES. BEER GARDEN AREAS WHICH IS PICNIC AREAS WITH DG AND LIGHTING, COMMUNITY AREA GATHERING PLACES. SO LIKE I SAID JUST FOCUSING ON AMENITIES. WE WANT TO MAKE SURE OUR TENANTS HAVE EVERYTHING THEY NEED 234 OUR COMPLEX.

I WANTED TO TOUCH ON THE EXTERIOR ELEVATIONS THAT WERE FLASHED UP. WE PROPOSED ALTERNATE ELEVATIONS PREVIOUSLY. STAFF GAVE US A LITTLE BIT OF FEEDBACK. THEY WANTED SOMETHING DIFFERENT.

SOMETHING TO KNOCK THEIR SOCKS OFF.

DO SOMETHING NEW TO THE CITY THAT'S NOT RINSE AND REPEAT OF WHAT THEY'VE SEEN BEFORE SO WE'VE OFFERED UP PROJECTS BUILT THROUGHOUT THE STATE OF TEXAS AND LET CITY STAFF CHOOSE WHAT THEY PREFER. PUBLIC IMPROVEMENTS ALONG WITH OUR PROJECT IS AN ACCESS ROAD WHICH DOES NOT EXIST TODAY FROM OUR EASTERN TO WESTERN PROPERTY LINE IN THAT SECTION SO IMPROVING THAT ACCESS ROAD OR NOT IMPROVING BUILDING THE ACCESS ROAD. IT DOES NOT EXIST TODAY.

ALSO YOU'LL NOTICE WE HAVE A LARGE AMOUNT OF FLOOD PLAIN ON THE FAR EAST SIDE OF OUR PROJECT.

WE WILL BE CLEANING AND MAINTAINING THAT FLOOD PLAIN AREA. RIGHT NOW IT'S NOT PRETTY, A LOT OF DEAD UNDERBRUSH AND THINGS LIKE THAT THAT WE'LL CLEAN UP AND MAKE AN AMENITY FOR OUR TENANTS AS WELL.

MOVING FORWARD ON THAT I WANTED TO TALK TO KIND OF THOSE EXCEPTIONS THAT WE WERE ASKING FOR.

THERE WERE TWO BIG ONES. THE MAX BUILDING HEIGHT THAT WAS TWO STORIES. WE'RE ASKING FOR THREE STORIES AND THERE'S ALSO THE COVERED PARKING THAT WE'RE ASKING FOR AN EXCEPTION ON. I WANT TO TALK ABOUT THE BUILDING HEIGHT FIRST. THE REASON WHY WE'RE PROPASING GOING THREE STORIES INSTEAD OF TWO IS SIMPLY TO PROVIDE OPEN SPACE FOR THE SITE IN ORDER TO HIT THE UNIT COUNT TO MAKE THIS PROJECT FEASIBLE, IF WE STUCK WITH THE TWO STORY MAX BUILDING HEIGHT WE WOULD HAVE VERY LITTLE GREEN AREA OR LANDSCAPE AREA FOR OUR TENANTS AND THOSE AMENITIES I WAS TALKING ABOUT.

SO GOING VERTICAL ALLOWS US TO OPEN UP A LOT MORE GREEN SPACE.

TO TALK ABOUT THE SECOND EXCEPTION, CORRECT ME IF I'M WRONG HERE BUT I BELIEVE THE CITY'S STANDARD MULTIFAMILY PARKING ORDINANCE STATES THAT NOT EVERYONE CAN AFFORD OR WANTS

[01:50:22]

A COVERED PARKING STALL. IT'S A LITTLE EXCESSIVE IN OUR OPINION SO THERE'S A COUPLE -- THAT'S ONE OF THE REASONS WHY WE'RE PROPOSING A REDUCTION. THE OTHER ONE IS KIND OF WHAT I JUST TALKED ABOUT WITH THE TWO STORY PRODUCT.

YOU KNOW. NOT HAVING ALL THAT COVERED PARKING ATTACHED GARAGES, DETACHED.

IT FREES UP MORE SPACE FOR US ALLOWING EXTRA AMENITIES, MORE GREEN SPACE. LESS FLOOD PLAIN RUNOFF OR DRAINAGE TO ADJACENT SITES. SO IT'S NOT JUST A CROWDED SITE WITH A GARAGE STRUCTURE EVERY WAY YOU LOOK.

WHICH IS 25% FULLY ENCLOSED GARAGES AND 25% CARPORTS SO WE FEEL THAT IS A HEALTHY RATIO. HALF OF THE UNITS ON SITE WILL HAVE A COVERED PARKING STALL IF THEY SO CHOOSE.

WE'RE LOOKING FOR THOSE BUSINESS PROFESSIONALS HIGH END LUXURY APARTMENTS. THIS IS NOT TAX CREDIT OR LOW INCOME ASSISTED LIVING. THESE WILL BE THE NICEST APARTMENTS IN THE CITY OF MIDLOTHIAN.

THAT IS OUR GOAL. SO ALL OF THE FINISHES ON THE INTERIORS. ALL THE AMENITIES ARE POINTING TO THAT SAME THING. AS YOU GUYS ARE ALL AWARE RIGHT NOW WITH TODAY'S MARKET IT'S DIFFICULT FOR SOMEONE TO BECOME A FIRST TIME HOMEOWNER GETTING THAT LOAN ON A NEW HOME SO THESE HIGH END LUXURY APARTMENTS ARE THAT STEPPING POINT BETWEEN SOMEONE WHO MAYBE CAN'T GET THEIR FOOT IN THE DOOR AT HOME BUT WANTS ALL THOSE AMAZING FINISHES THAT COME ALONG WITH NEW CONSTRUCTION. STAINLESS STEEL APPLIANCES, GRANITE COUNTERTOPS. THOSE THINGS THAT YOU LOOK NEAR MIGHT NOT EXIST IN AN APARTMENT COMPLEX THAT'S 10 OR THE 20 YEARS OLD. THAT'S THE DEMAND THAT WE'RE LOOKING TO MEET HERE IN THE CITY OF MIDLOTHIAN.

SO BRIEF RUN THROUGH IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW. I'M INTIMATELY FAMILIAR WITH THAT PROJECT AS WELL AS THAT PHASE ONE I MENTIONED.

>> QUESTIONS OF THE APPLICANT. >> DO YOU HAVE ANY IDEA WHAT THE RENTAL RATE IS GOING TO BE ON THE ONE AND TWO BEDROOM?

>> YEAH. RIGHT NOW I CAN GIVE YOU THE COST PER SQUARE FOOTAGE APPROXIMATELY.

YOU KNOW, RIGHT NOW RENT RATES ARE RUNNING ABOUT $2 A SQUARE FOOT. GIVE OR TAKE.

YOU KNOW. TEN CENTS EITHER WAY.

OUR SMALLER UNIT, OUR ONE BEDROOM UNIT IS ABOUT 6 THANE 650 SQUARE FEET SO WE'RE TALKING THE SMALL ONE BEDROOM ABOUT 12 HUB. TWO BEDROOM UNIT BUMPING UP ABOUT 1150 SQUARE FEET SO ABOUT 2,300.

1,200 TO 2,300 DEPENDING ON THE SMALLEST UNIT TO THE BIGGEST.

>> OKAY. I GOT ASK ABOUT THE PARKING BECAUSE YOU KEEP TALKING ABOUT LUXURY AND THE BEST THING IN MIDLOTHIAN AND YOU COMPARE IT TO THINGS ALREADY HERE AS FAR AS PARKING.

YOU HAVE NO ATTACHED. >> THAT'S CORRECT.

RIGHT. SO WE'LL HAVE --

>> YOU DON'T THINK LUXURY PEOPLE WOULD WANT AN ATTACHED GARAGE?

>> I THINK THAT LUXURY PEOPLE IN AGAIN JUST MY OPINION ARE GOING TO MUCH PREFER AMENITIES OVER AN ATTACHED GARAGE.

I PERSONALLY PREFER A PUTTING GREEN, BEER GARDEN, HALF MILE WALKING TRAIL, LUXURY POOL OVER AN ATTACHED GARAGE.

THAT'S JUST ME. I ALSO KNOW THAT MOST PEOPLE HERE IN THE CITY OF MIDLOTHIAN PROBABLY HAVE BIG TEXAS SIZE TRUCK THAT'S NOT GOING TO FIT IN AN ATTACHED GARAGE TUCKED UNDER A BUILDING OF A NINE FOOT PLATE HEIGHT.

THE BIG EXTENDED CAB. IT'S JUST DOESN'T FIT.

IT'S DIFFICULT TO FIT EVEN IN A SINGLE FAMILY HOME GARAGE.

>> I'M NOT SURE IF I TOTALLY AGREE BUT I DIDN'T NOTICE ONE THING. YOU THINK IT'S A FIRE HAZARD TO

PUT ATTACHED GARAGES IN. >> I DO.

ABSOLUTELY. THERE'S COME BUSTABLE LIQUID IN A VEHICLE THAT'S GOING IMMEDIATELY UNDERNEATH A UNIT AT THAT CAR COME BUSTS OR SOMEONE IN THEIR CAR HAS IT RUNNING IDLE YOU MIGHT NOT BE THE TENANT BUT THE TENANT ABOVE THAT GARAGE MIGHT NOT OWN THAT GARAGE. NOW YOU HAVE A STRANGER'S CAR UNDERNEITHER YOU AND YOU DON'T KNOW WHAT THEY'RE DOING OR

[01:55:01]

SPHEREING IN THERE. OUR OPINION IT COULD BE A FIRE HAZARD.

>> I THINK YOU NEED TO ADJUST YOUR PARKING PERSONALINGLY BUT

THAT'S JUST ME. >> WE'RE DEFINITELY OPEN TO THAT IF THAT'S A STICKING POINT AND WE FEEL THE 25% RATIO FOR THE FULLY ENCLOSED AND 25% CARPORT GETTING YOU TO 50% IS AN ISSUE WHEREAS IT WAS NOT ON PHASE ONE WE'RE MORE THAN HAPPY TO INCREASE THAT RATIO. WE STILL FEEL THE ATTACHED GARAGES ARE NOT THE WAY TO GO FOR WHAT I JUST STATED BUT IF BUMPING UP THAT 25 AND 25% WHICH IS 50 TOTAL BRINGING IT UP TO 30% OF EACH OR WHATEVER RATIO YOU FEEL IS ADEQUATE WE'RE MORE

THAN HAPPY TO COMPLY. >> WHAT WERE SOME OF THE OTHER APARTMENT COMPLEXES YOU USED AS EXAMPLES THAT DID NOT HAVE AS MUCH PARKING. YOU MENTIONED THE MARK AND WHO

ELSE? >> OUR PHASE ONE PROJECT IN THE

SAME PD. >> OKAY. THE ONE AT THE --

>> OF COURSE THIS PARTICULAR PROJECT THAT YOU'RE ASKING FOR NOW IS GOING TO BE IN ADDITION CORRECT? CAN COME SPEAK.

>> COME UP TO THE MIC, PLEASE. >> I LIVE WITH CHRISTY ON OLD FORT WORTH ROAD. WHAT I SEE IS THIS.

THERE'S A LOT OF TRAFFIC ON 287 AND ACCIDENTS IS ONE ISSUE THAT I THINK WOULD BE ADDRESSED WITH THE APARTMENT COMPLEX COMING IN THAT MANY RESIDENTS 287 WOULD HAVE TO BE EXPANDED CORRECT? I MEAN, IT WOULD HAVE TO BE A BIGGER ROAD ALREADY.

I'M NOT SURE WHAT THEY HAVE PLANNING ON THAT BUT APARTMENT COMPLEXES ALREADY HAVE ONE ACROSS THE HIGHWAY.

THEY'RE GOING TO PUT ANOTHER ONE THERE.

THAT'S A BEAUTIFUL AREA. I MEAN, MIDDLE OF I THINK MANY I THINK WOULD BENEFIT FROM THAT AREA.

I DON'T KNOW. I'VE NEVER HAD TO STAND UP AND SPEAK IN FRONT OF ANYBODY BEFORE BUT JUST SEEMS LIKE MIDLOTHIAN I GREW UP HERE AND I WENT TO SCHOOL HERE AND IT WAS I HIGH END TOWN YOU KNOW. SEEMS LIKE EVERYBODY IS PROUD OF THEIR SCHOOLS AND PROUD OF THE THINGS THAT WE DO HERE IN MIDLOTHIAN AND IT DOESN'T SEEM APPROPRIATE FOR THAT BIG OF A COMPLEX PLUS NO BUSINESSES OVER THERE PROVIDE -- THERE'S NO GROCERY STORES OR GAS STATIONS. THERE'S HARDLY ANYTHING OUT IN THAT AREA TO ACCOMMODATE FOR THAT AMOUNT OF PEOPLE.

THAT BIG OF A FACILITY. AND IT LOOKED LIKE THE PRICES THAT THEY HAD ON THE SCREEN WERE LOWER THAN WHAT HE WAS ESTIMATING AND I ALSO AGREE THAT I DON'T THINK THAT A MILE LONG WALKING TRAIL AND A LITTLE PARK AND THINGS LIKE THAT ARE WHAT PEOPLE ARE LOOKING AT THESE DAYS.

MOST OF THOSE PEOPLE PAYING THAT KIND OF MONEY ARE WORKING TWO JOBS EVEN. IT'S DIFFICULT FOR A FAMILY TO COME UP WITH THAT KIND OF MONEY AND HAVE TIME TO WALK IN THE PARK, YOU KNOW. THAT'S ALL I HAVE TO SAY.

>> OKAY. >> I ASSUME FROM YOUR PRESENTATION YOU ARE OPPOSED TO THE PROJECT AS WAS MR. KESLER,

IS THAT CORRECT? >>.

[02:00:09]

>> AGAIN, 2415 SUMMERFIELD HERE IN MIDLOTHIAN, TEXAS.

WE OWN THE 500 ACRE TRACT THAT IS WEST SIDE PRESERVE THAT IS PLANNED PD THAT WE BROUGHT LAST DECEMBER AND HAS BEEN MODIFIED NUMEROUS TIME AND WE CAME TO A MEETING OF THE MIND AND GOT IT APPROVED. DID WANT TO NINJAS THIS SITE IS APPROVED FOR 302 UNITS. IT WAS APPROVED IN THE ORIGINAL PD. IT DOES REQUIRE AN SUP.

SO WE'RE NOT ASKING FOR NEW ZONING AND THE AMOUNT OF UNITS THEY HAVE COME IN IS SLIGHTLY UNDER THE 302.

THEY'RE NOT ASKING FOR ADDITIONAL UNITS.

WE AS A DEVELOPER WE'RE THE MASTER DEVELOPER, THE GUYS BEHIND ME ARE DEVELOPING ASIDE BUT WE HAVE PUT IN INFRASTRUCTURE ALREADY TO ACCOMMODATE NOT ON THE SITE ON THE EAST END WE'VE GOT A SEWER LINE THAT WE JUST FINISHED IT WAS BY THE WAY TWO AND A HALF MILLION DOLLARS ACCOMMODATING THAT. IT WILL ALSO SEWER THIS SIDE WITH WATER LINES. AND THEY DID MENTION THE ACCESS ROAD. WE'RE PARTICIPATING IN THAT AS WELL. WE'RE GOING TO BE BUILDING IT FROM THE WEST END TO THE END OF THEIR PROPERTY RIGHT NOW AND EVENTUALLY IT WILL GO ALL THE WAY TO THE EAST END OF WEST SIDE ABOUT TWO MILES. AND IT'S GOING TO BE HELP WITH THE TRAFFIC OUT THERE IN FACT I DO I WILL SAY THAT WE'RE STARTING TO PAVE MILLER ROAD WHICH IS A BIG COLLECTOR THAT RUNS NORTH AND SOUTH TOMORROW. I'M REALLY HAPPY TONIGHT BECAUSE WE'RE GOING AH TO BE POURING CONCRETE TOMORROW WHICH IS GOOD.

FORT WORTH ROAD IS JUST A BEATING.

I CAN'T EVEN DRIVE DOWN IT I HAVE SUCH A BAD BACK SO I THINK WE HAVE APPROVED PLANS IF WE DON'T WE'RE AN INCH AWAY FROM HAVING APPROVED PLANS AND GETTING UTILITIES MOVED AND STARTING THAT. WE REALLY BELIEVE A LOT OF RESIDENTS WILL TRAVEL OUT MILLER ROAD AND FORT WORTH ROAD BECAUSE IT IS HARD GETTING IN AND OFF 287 AND WE RECOGNIZE THAT SO THAT'S WHY THE ACCESS ROADS ARE GOING TO BE BUILT AND THE COLLECTOR ROADS AND BY THE WAY WE ARE STARTING DESIGNS ON BOARD ROAD RIGHT NOW. SO THE WHOLE AREA IS GOING START HAVING A LOT OF CONNECTIVITY WITH THAT WE'LL START COMING TO RETAIL. WE'RE ALREADY TALKING TO PEOPLE LOTS OF FOLKS. AND IT'S AMAZING THE ROOF TOPS WE'RE GOING TO DRIVE THAT PART OF TOWN.

WE'RE EXCITED ABOUT IT. THESE GUYS DO A GREAT JOB.

WEAVER EXCITED TO BE I CALL PEOPLE LIKE THIS MY PARTNERS.

WE'RE NOT FINANCIAL PARTNERS BUT THEY'RE A PARTNER IN THAT VERY NARROW MASTER PLAN WORKING HARD AND THEY DO WORK HARD.

WE GOT A LOT OF CONFIDENCE. WE'RE GOING TO BUILD QUALITY PRODUCT THAT WE CAN BE PROUD OF BECAUSE AS YOU COME INTO MIDLOTHIAN YOU'RE GOING TO SEE THIS RIGHT THERE SO THEY PULLED ALL THE EL VAXS UP TO THE FRONT. THEY PUT A LOT OF EXTRA EFFORT WITH STAFF INTO THE WAY THOSE ELEVATIONS LOOK AND WE BELIEVE REALLY BE IMPRESS I HAVE. SO OF COURSE I'M BIASED BECAUSE I'M SELLING THEM THE LAND. I AM HERE TO SUPPORT THE PROJECT. IF YOU HAVE ANY QUESTIONS FOR ME, I CAN ANSWER ON MY END BUT THESE GUYS ARE IN CHARGE BEHIND

ME. >> OKAY. THANK YOU.

>> HAVE NO ONE ELSE SIGNED UP TO SPEAK.

NO OTHER FORMS SO WITH THAT I ENTERTAIN A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> HAVE A MOTION AND SECOND TO CLOSE THE PUBLIC HEARING.

ALL IN FAVOR AYE. >> OKAY. FLOOR OPEN FOR DISCUSSION. OR ACTION.

>> I JUST HAVE A QUESTION FOR STAFF.

SO GETTING MY MIND RIGHT BACK AROUND THE TRAFFIC FLOW.

WHAT'S GOING OUT ON 287 AND IN AND WHAT'S GOING TO HAPPEN ON 04. HOW MANY -- HOW IS ALL THIS TRAFFIC FLOW GOING TO FLOW OUT OF ALL OF THIS.

AND YOU'RE COMFORTABLE WITH I'M ASSUMING WE'VE GOT A TRAFFIC

FLOW STUDY? >> YES, SIR.

AND SO THIS IS GOING TO MEET ALL THOSE DEMANDS?

>> WELL, NO. WHEN I SAY NO I MEAN THE ISSUE

[02:05:01]

BEING RIGHT NOW WITHOUT TEXDOT HAVING FRONTAGE ROADS ALONG ALL OF 287 AND SEPARATED INTERCHANGES ANY DEVELOPMENT IS GOING TO CREATE ISSUES ON 287. WHAT'S HAPPENING IS TEXDOT IS CLOSING ON OUR SIDE OF IT TWO MEDIAN OPENINGS ON THE WEST SIDE OF THE TOWN AND CLOSING SOME ON THE GRAND PRAIRIE SIDE WHERE PRAIRIE RIDGE IS OR THEY'RE LIMITING THAT ACCESS THERE AS WELL. SO AGAIN THE ACCESS ROADS BEING BUILT RIGHT NOW ARE BUILT WITHIN THE CITY RIGHT AWAY.

THEN IT WILL BE CITY ACCESS ROADS WE'RE TRYING TO TALK TO TEXTDOT ABOUT MAKING THAT ULTIMATELY A STATE FACILITY WHEN THEY COME TO DO IT. IF THEY'RE BUILD TOG MILES OF ROAD THAT'S TWO MILES TEXDOT WOULDN'T HAVE TO BUILD BUT WE'RE RUNNING INTO ISSUES WITH SO THAT SO THESE INITIALLY ARE GOING TO BE TWO WAY ACCESS ROADS GOING BOTH DIRECTIONS INITIALLY ON CHEESE THE ACCESS ROADS BUT AS PART OF THE DEVELOPMENT AGAIN THERE'S GOING TO BE ACCESS TO 287 THAT WILL MR. WORKED OUT THROUGH TEXDOT IN REGARD TO TRYING TO RESTRICT MEDIAN OPENINGS AND HAVING THAT CROSS OVERTRAFFIC AND THE INTENT WOULD BE TO TRY BRING AS MUCH -- WHICH WE'LL BE HAPPY WITH THIS DEVELOPMENT AND ALSO THE DEVELOPMENT ON THE SOUTH SIDE.

THAT ULTIMATELY IS GOING BE A FOUR LANE DIVIDED FACILITY.

WE'RE WORKING RIGHT NOW WITH TEXDOT -- SOME ADDITIONAL LANES BY RESTRIPING.

ADDITIONAL LANES FROM THE RAMPS RIGHT NOW IT BACKS UP.

THERE'S A LOT HAPPENING THAT'S THERE NOW.

THIS IS ALREADY -- ON THIS SIDE OF IT IT'S AN APPROVED USE.

IT'S JUST A MATTER OF LOOKING AT THE SUP FOR THIS PARTICULAR DEVELOPMENT BUT THE ACTUAL ZONING IS IN THERE FOR THE MULTIFAMILY. IT'S A CONTINUING MOVING THING SO TO SAY FROM A TRAFFIC STANDPOINT EVERYTHING IS GOING TO BE GREAT I MEAN IF WE HAD TO GET FRONTAGE ROAD GREAT SEPARATE INTERCHANGES AND THINGS THE MORE WE CAN BRING THE SAFER IT'S

GOING TO BE. >> AND THE MORE WE CAN GET PEOPLE -- WE'RE TRYING TO WORK AHEAD AND STAY AHEAD IT'S NOT JUST THIS DEVELOPMENT. YOU START LOOKING DOWN TO THE STITHE AND CROSS ROOTEDS WHICH IS THE HILL WOOD DEVELOPMENT AND THEY'RE PUTTING INFRATRUCK WHICH YOU ARE IN RIGHT NOW AND THAT'S BRINGING IN TRAFFIC THERE. THIS IS MOVING.

THIS WEST SIDE OF TOWN IS MOVING NOW SO AGAINST WE'RE TRYING TO D TEXDOT HAS FRONTAGE ROADS AND COG ON THEIR RADAR AND IT'S BEING LOOKED AT QUICKER THAN IT WAS PREVIOUSLY BUT IT'S NOT GOING TO BE ON THE GROUND ANY TIME SOON

>> SO IS THIS ON THE BACK SIDE IS THIS GOING TO GO IN AND CONNECT INTO WHY I'M RUNNING INTO A LOT OF TRAFFIC COMING OUT OF THEIR COUNTRY CLUB? IS THAT GOING TO GO ON UP AND CONNECT INTO THAT? HOW ARE FOLKS I'M ASSUMING SOME OF THOSE FOLKS ARE GOING TO COME DOWN TO THE 287 OVERPASS AREA AND START FEEDING OUT THERE AND ALL THAT ROAD GOING BOTH WAYS IS GOING TO BE IMPROVED ENOUGH TO HANDLE ALL THIS TRAFFIC.

>> HAVE YOU THE ACCESS ROAD OR --

>> I'M TALKING ABOUT WHEN THE SUBDIVISIONS THIS ALL TIES INTO

BIGGER MASS. >> MR. RODGERS THIS MAY HELP A LITTLE BIT AND I'VE GOT THE PD 146 ORDINANCE IN FRONT OF ME AND WITH RESPECT TO THE PHASING OF SOME OF THE ROADWAY IMPROCHLTS SO YOU CAN JUST KIND OF RECALL WHAT WAS APPROVED AS FAR AS THE PD GOES, THEY'RE NOT -- THE CITY IS NOT REQUIRED AND WILL NOT BE ISSUING MORE THAN 250 BUILDING PERMITS FOR SINGLE FAMILY HOMES PRIOR TO COMPLETION CONSTRUCTION OF A COUPLE OF THE SEGMENTS OF TWO LANES OF OLD FORT WORTH ROAD.

ONE IS THE SEGMENT FROM MILLER TO NORTH WARD ROAD AND THIS OTHER IS TO U.S. 47 THE SOUTHBOUND EXIT AND IT ALSO GOT TO GET FINISHED THE TWO LANES OF THE PUBLIC ACCESS ROAD SOUTH OF WHICH IS I BELIEVE THAT ONE WE'RE TALKING ABOUT THERE.

DOWN TO THIS MULTIFAMILY TRACT SO THAT'S GOING TO BE COMPLETED BEFORE THEY CAN GET MORE THAN 250 PERMITS OUT OF THE 980 ALLOWED FOR THE DEVELOPMENT. SO WE INTENTIONALLY AND NEGOTIATED WITH THE DEVELOPER BUILT THAT IN SO THE KIND OF THING I THINK YOU'RE ALLUDING TO AND ARE CONCERNED ABOUT DOESN'T HAPPEN. SO WE WORKED LONG AND HARD BETWEEN THE PARTIES TO GET THAT -- THAT'S ALSO IN THE

[02:10:01]

DEVELOPMENT AGREEMENT. SAME REQUIREMENTS OF THE DEVELOPMENT AGREEMENT THAT THE CITY HAS WITH DEVELOPER FOR THIS DEVELOPMENT AS WELL. IT'S REFLECTED IN BOTH THE ORDINANCE AND IN THE DEVELOPMENT AGREEMENT WITH DEVELOPERS TO ENSURE WE DIDN'T OVERBURDEN THE MOON SCAPE THAT IS CURRENTLY FORT WORTH ROAD. WHICH WE HOPE WILL NO LONGER BE.

>> THANK YOU, MIKE. >> THANK YOU.

>> I GUESS THE ONLY OTHER QUESTION I HAVE IS AS FAR AS I DO UNDERSTAND THAT THEY HAD PRIOR APPROVAL WITHIN WHAT WAS AGREED ON MULTIFAMILY. I JUST QUANTITY TO WRAP MY MIND AROUND WHAT THEY'RE ASKING FOR APPROVAL NOW IN PHASE TWO AND HOW FAR MANY PHASES THERE'S GOING TO BE.

ARE WE APPROVING MORE MULTIFAMILY OR THE SAME VOLUME ALWAYS APPROVED. A LITTLE LESSER.

THIS IS ACTUALLY LESS WHAT HE GOT.

>> THAT'S WHAT I WAS -- OKAY. THEY GOT APPROVED 302.

>> OKAY. THEY WERE MAX AT 302. >> AND THEY'RE ASKING TO GO HIGHER TO SAVE ON GROUND COVER. AS FAR AS IT ALLOWS FOR MORE

GREEN SPACE. >> AND WHAT IS STAFF DO WE HAVE ANYMORE THREE STORY IN OUR CITY LIMITS?

>> YEAH. >> RIGHT. THANK YOU.

>> YEAH.

>> THE ONLY EXCEPTION YOU HAVE TO AN APPLICATION WAS THE

PARKING IS THAT CORRECT? >> IN THE BUILDING HEIGHT, YES,

SIR. >> OKAY.

>> AND THE BUILDING HEIGHT. >> YES, SIR.

OKAY.

WE'RE FINE WITH THE BUILDING HEIGHT BUT THE PARKING IS WHAT WE'RE WANTING THE APPLICANT TO MEET BUT THOSE WERE THE TWO VARIANTS REQUESTED. BUILDING HEIGHT AND THE PARKING BUT WE'RE FINE WITH THE BUILDING HEIGHT.

YES, SIR. YEAH.

>> OKAY. WHAT'S THE PLEASURE OF THE COMMISSION?

>> I MOVE WE APPROVE IT WITH STAFF RECOMMENDATION ON PARKING.

>> SECOND. >> I HAVE A MOTION AND A SECOND TO APPROVE. STAFF'S RECOMMENDATION WITH THE PARKING. ANY FURTHER DISCUSSION?

>> ALL IN FAVOR. >> AYE.

>> ANY OPPOSED? >> NO.

>> ONE OPPOSED. NOTED.

[016 Conduct a public hearing and consider and act upon an ordinance amending ±42.876 acres within Planned Development District No. 4 (PD-4) pertaining to the use and development regulations. The land is situated within a portion of the Larking Newton Survey Abstract 792, the Jefferson Rawls Survey, Abstract 933. The property is generally located at 975 US Highway 67. (Z45-2022-177)]

>> 4-1.

>> ITEM 016. ORDINANCE AMENDING PLUS OR MINUS 42.875 ACRES WITHIN PLANNED DEVELOPMENT DISTRICT 4.

[02:15:20]

>> SO THE BASE IS ONLY WITHIN THE PD IS LIGHT INDUSTRIAL HOWEVER THE APP SCANT REQUESTING THAT FOR THESE PERMITTED USES BE INCLUDED WITHIN THE ORDINANCE AND SO EVERYTHING THAT I HIGHLIGHTED IN BOLED EITHER REQUIRING AN SUP OR NOT ALLOWED FOR LI AND MOSTLY THESE ARE MEDIUM INDUSTRIAL USES AND EVERYTHING THAT IS NOT IN BOLD REPRESENTS SOMETHING THAT IS ALLOWED PER THE ZONING ORDINANCE UNDER THAT.

SAME THING REQUESTED PERMITTED USES EVERYTHING OUTLINED IN BOLD IS EITHER SUP REQUIRED AND NOT ALLOWED.

EVERYTHING ELSE THAT'S NOT OUTLINED IN BOLED IS CON CYSTEN WITH THE ZONING USES REQUIRED BY SUP.

CONVENIENCE STORE WITH GASOLINE, TRUCK STOP, PRINTING PLANT.

CHEMICAL MANUFACTURING. RUBBER STAMP BEING THE MANUFACTURER OF DYES. METAL STAMP BEING STORAGE OF STONE, DMRAS, NONMETAL METAL PRODUCT MANUFACTURING.

METAL MANUFACTURING. MULTIFAMILY BREW PUB.

ALL REQUIRING THOSE TO BE ALLOWED PER SUP.

PROHIBITED USES I BELIEVE THIS SLIDE AND THE NEXT COVERS THIS.

SALES AND SERVICE. CEMETERY.

MORTUARY. PET CEMETERY.

WATER TREATMENT PLANT. ARCHERY OR FIREARM SHOOTING.

MINING. STORAGE.

PETROLEUM PRODUCTS. COMPRESSOR STATIONS.

YEAH. THEY WERE REQUESTING FOR ALL OF THAT INFORMATION TO BE PROHIBITED AND I READ THROUGH ALL OF THAT PAUSE THIS WAS NOT INCLUDED IN THE ORDINANCE IN THE PACKET. SO FORGIVE MY READING SKILLS ON THAT. THESE NEXT FEW SLIDES DEPICKETED THE ELEVATION FACADE SO AGAIN THOSE FIRST TWO TRACTS I ME MENTIONED AS WE GO BACK ON THAT BACK LOT FOR THE BACK PORTION OF THE TRACK THE APP SCANT REQUESTING A REMODEL OF THAT EXISTING BUILDING TO ALLOW FOR TRUCK SALES AS MENTIONED EARLIER. THIS IS JUST A HIGHER AERIAL VOOUPT THROUGHOUT THE INTERIOR OF THE DEVELOPMENT WHICH WE WANT TO NOTE THE APPLICANT IS PROVIEDING ALSO WITH FUTURE USES THAT COME DEPENDING ON WHAT THEY ARE WE'RE REQUESTING THAT TIAS BE REQUIRED. STAFF IS RECOMMENDING APPROVAL.

I'LL COME BACK TO COMMENT NUMBER ONE HERE IN A SECOND.

HOWEVER, TWO AND THREE PENDING THAT INTERNAL ACCESS SHALL BE PROVIDED THROUGHOUT THE DEVELOPMENT TO SUPPORT INTERNAL TRAFFIC FLOW WHICH THE APPLICANT HAS AGREED TO A CONCEPT PLAN AND ALSO FOR EVERY NEW CONSTRUCTION DEVELOPMENT WITHIN THE PLAN DEVELOPMENT -- WITHIN THE PLAN DEVELOPMENT DISTRICT ARE REQUIRED TO BE REVIEWED BY THE PLANNING AND ZONING COMMISSION AT CITY COUNCIL. WE KNOW THIS IS SOMETHING WE SUGGEST CONCEPT LEVEL WHERE PNZ AND COUNCIL DON'T KNOW WHAT EXACTLY IS GOING THERE. WE MAKE THAT RECOMMENDATION.

HOWEVER THAT'S OUTLINED IN BOLED BECAUSE THE APPLICANT WE'LL LET THEM SPEAK TO THIS THEY WANT CERTAIN THINGS APPROVED WITHOUT EVERY BUILDING COMING THROUGH A DETAILED SITE REVIEW.

WE ARE RECOMMEND AGO APPROVAL PENDING THOSE CONDITIONS.

>> WHAT TO WHAT EXTENT HAS STAFF AND THE APPLICANT GONE BACK AND GONE THROUGH WHAT THEY WANT WITHIN THE PD AND WHAT YOU GUYS

MIGHT NOT WANT OFF THAT LIST? >> RIGHT.

SO WE SAT DOWN THE APPLICANT YESTERDAY WENT THROUGH EVERYTHING PROHIBITED USES. PROPOSED PERMITTED USES.

USES REQUIRED BY SUP. HOWEVER AS YOU KNOW THE PACKET WENT OUT ON FRIDAY SO THAT'S WHY ALL OF THIS IS NOT IN THERE.

[02:20:04]

SO WE WENT THROUGH THAT. YESTERDAY.

>> OKAY.

QUESTIONS OF STAFF. >> SO ONE THING PERMIT SECOND DEGREE A WRECKER SERVICE. DOES THAT INCLUDE STORAGE?

>> ALONG THE TWO TRACTS THEY KNOW FOR SURE THEY -- SO GOING ALONG THIS BACKTRACK HERE THAT'S THAT REVITALED BUILDING WHERE THE PROPOSED AMP TRAIL TRUCK SALES REMODEL IS GOING TO GO.

THIS IS THIS MULTITENANT OFFICE BUILDING THAT THEY KNOW IS -- THAT'S EXACTLY WHAT IS GOING TO LOOK LIKE EVEN THOUGH IT'S A RENDERING BUT THOSE ARE R TWO TRACTS THOUGH IF HE.

INTERNAL STORAGE SPACE EVERYTHING ELSE IS LABELED WAREHOUSE SPACE HOTEL BUT IT'S ALL CONCEPTUAL AND THEY'RE NOT AWARE OF WHAT IS GOING TO GO THERE JUST YET.

BUT WHAT I'M THINKING IS THE HIGHWAY THERE IS ELEVATED SO IF YOU HAVE A BUNCH OF STORED CARS BACK IN THE BACK YOU CAN SEE THAT FROM ALL OVER THE PLACE. I JUST DIDN'T KNOW IF THAT WAS AUTOMATICALLY -- AUTOMATICALLY INCLUDED.

IF YOU HAD THOUGHT ABOUT THAT. >> THIS IS GOING TO BE ALL INSIDE STORAGE. BUT ONE OF YOUR USES WAS WRECKER

SERVICE. >> OH, I UNDERSTAND WHAT YOU'RE SAYING. YEAH, WELL, AGAIN THAT'S SOMETHING THAT I'LL LET THE APPLICANT SPEAK MORE TO THAT

ONE. >> MY OTHER QUESTION YOU SAID YOU CAN'T GET THROUGH IT OFF SOUTHBOUND YOU SAID SOUTHBOUND

67 OR 287. >> 287.

287 EXIT ROUTE SOUTHBOUND 67. DUE TO THAT IT REQUIRES ALL TRAFFIC ACCESS TO PROPERTY FROM ONE DIRECTION BEING U.S. 287.

SO YOU GET OFF THE HIGHWAY. >> SO CAN WE PUT THE GOOGLE MAPS AND PUT THAT SIDE UP, PLEASE? SO WOULD ALL THAT TRAFFIC COME OUT OF THERE AND HIT WARD ROAD?

>> YES, SIR.

>> AND IT'S A UNIQUE SITE. IT HAS ITS CHALLENGES BUT IF YOU LOOK AT IT THEY'VE HAD DISCUSSIONS WITH TEXDOT TO ALLOW FOR ACCESS -- LOOKING LONG TERM THERE NEEDS TO BE PLANS SO WHETHER IT'S NOW OR LATER WHEN THIS SITE DOES DEVELOP AND THESE HAVE ACCESS TO GO OUT TO THE WEST AND COME TO A PUBLIC ROAD AND GET YOU UP NORTH AND SOUTH AND NOW KNOWING HOW TO GET THERE YOU MIGHT BE ABLE TO SEE IT BUT IT MAY BE A CHALLENGE TO GET THERE.

>> IT'S ALREADY THERE, THAT'S A TRUCKING OPERATION RIGHT?

>> YES, SIR. >> AND THAT'S ACCESS TO THE

PROPERTY STIPULATE? >> RIGHT NOW THE ONLY ACCESS IS -- CAN YOU ZOOM IN? TYPE OF DEVELOPMENT AS IT STANDS TODAY THAT WOULD HAVE ONE ACCESS

POINT. >> YES.

>> CORRECT. TO THIS PROPERTY.

NOW THE PROPERTY TO THE NORTH I CAN LET THE APPLICANT SPEAK.

THAT'S CORRECT. THEY HAD THAT PROPERTY RIGHT THERE. THERE'S NOTHING ON IT.

>> THEY COULD BE TALKING BUT THEY HAVE ONE ACCESS POINT

TODAY. >> YES, SIR.

>> SO IN MOST DEVELOPMENT STAGES WE DON'T APPROVE WITHOUT ACCESS POINTS OF EMERGENCY OR AM I WRONG?

>> TYPICALLY THEY HAVE A SECOND POINT.

TEXDOT IS ALLOWING THEM TO HAVE ACCESS TO THAT PROPERTY AND A

[02:25:01]

RAMP. >> ALL RIGHT.

>> AND THEY SHOW A LANE TO TURN AND AN ACCELERATION LANE COMING OFF OF THAT DRIVE. JUST THAT NEW ONE.

>> YES, SIR. >> I HAVE A BIGGER CONCERN AS YOU DO FOR THE -- BECAUSE I THRONE WAY ALL THE TIME AND

CONVERGING IN THERE. >> YES, SIR.

>> IT'S A UNIQUE PIECE OF PROPERTY AND LOCATION AND CREATES CHALLENGES I DON'T THINK CAN'T BE ABLE TO COME IT'S A MATTER OF FIGURING OUT HOW TO DO IT AS SAFELY AS POSSIBLE.

YOU CAN SEE IT. HOW DO YOU GET THERE.

I'M GOING TO GO THERE AND MAKE A TURN THIS WAY.

AGAIN ALSO WHERE YOU'RE COMING OUT SO WHEN YOU'RE COMING OUT YOU HAVE VEHICLES 73 HERE. THE PROPERTY ENDS AT THAT POINT IN THE PROPERTY NOW. THAT'S ALL THE PROPERTY THEY

HAVE. >> IT'S THAT AND THE PROPERTY

THERE. >> IT'S TO THE NORTH AND

SOUTHWAYS. >> MY UNDERSTANDING IS IT DOES AND THERE'S A LOT OF IN BETWEEN. THERE'S DRAINAGE AND FLOOD AND THAT'S AN ORPHAN PIECE OVER THERE.

JUST TO THE SOUTH OF WRIT IS NOW.

>> CAN WE EX-UNDERSTAND OUT A LITTLE BIT WHERE -- THAT'S GOOD RIGHT THERE.

AND THE -- DO WE HAVE AN IDEA OF WHAT THE IN AND OUT TRAFFIC WE'RE PROVING IT OFF OF A LIMITED ACCESS POINT WHICH IS

GOING TO GROW. >> WHAT WILL HAPPEN IS THEY DID DO OUR WORK SHEET THAT WAS REQUIRED IT'S JUST TWO USES STARTING OFF WITH WHICH IS MINIMAL BUT THEY WILL BE REQUIRED IF THIS IS APPROVED WITH FUTURE USES TO DO FULL BLOWN TIAS TO SEE WHAT IS POSSIBLY NEEDED IMPROVEMENT WISE. WE CAN GET SOME KIND OF ACCESS AND IT'S HOPEFULLY GOING TO BE SAFE AND WILL WORK FOR THE LONG

TERM. >> I GUESS WHAT I'M -- AND IT DOESN'T EVEN HAVE ANYTHING TO DO WITH WHAT WE'RE TALKING ABOUT.

DON'T WORRY ABOUT THAT. HE GETS NERVOUS WHEN I START

TALKING LIKE THAT. >> NO.

>> I'M JUST JOKING. >> I'M JUST WONDERING IF -- IT ALMOST MAKES ME FEEL LIKE THAT THEY COULD GET APPROVED NOW BUT BE ALMOST LAND LOCKING THEM SO IT'S SUCH AN ODD SPOT THAT'S WHY I WAS ASKING FOR MORE THRONED THE SOUTH IF THERE'S A WAY TO PUT A SLIP STREET ENTRANCE ROAD COMING IN THAT'S NOT ALL THAT CONVERGE PRESIDENT SO THEY WANT TO BUILD MORE OF -- YOU CAN'T GET THE -- THAT ALMOST WORRIES ME FOR THEM MORE THAN WHAT WEAR

GOING TO APPROVE. >> THAT'S ONE OF THE THINGS TOO.

IF YOU CAN LOOK AND GET SHARED ACCESS NOW WHEN PROPERTY NEXT TO THEM DEVELOPS AGAIN AND WE HAVE SOMETHING IN PLACE IF IT'S COMPATIBLE USE YOU CAN CONTINUE THAT SHARED ACCESS AND WORK YOUR WAY BACK SO THAT YOU HAVE OTHER POINTS OF ACCESS JUST BESIDES LIMITED TO THAT RAMP AREA. IF WE APPROVE THIS KIND OF GOING BACK TO WHAT MIKE SAYS AS THEY GROW -- ARE THEY GOING TO HAVE TO COME BACK WITH EACH THING THEY DO IN THERE INCLUDING THE

TIA? >> THAT'S WHAT OUR

RECOMMENDATION CURRENTLY IS? >> FUTURE GROWTH COULD BE CURTAILED AS A RESULT OF A TIA BEING -- THEY HAD -- AM I

CORRECT IN THAT? >> BASED ON OUR RECOMMENDATION JUST THAT BOLED RECOMMENDATION THAT I HAD WAS THE ONE THAT THE APPLICANT DISAGREED WITH AND SO THEY DIDN'T WANT TO BRING THE SITE PLAN BACK EVERY TIME. CURRENTLY TO ANSWER YOUR QUESTION AS OUR COMMENTS STAND YES WE WOULD.

>> I'M JUST CONCERNED WE'RE NOT OPENING PANDORA'S BOX THERE THAT SUDDENLY THEY CAN JUST TAKE OFF AND HERE'S A TA BUT IT'S TOO BAD. MY HUMBLE OPINION IS WE HAVE TO THAT AREA. OKAY. APPLICANT WISH TO SPEAK? IF YOU WOULD COME UP.

[02:30:20]

A GOOD PLACE TO START IS WITH ACCESS.

COULD WE GO TO THE SITE PLAN?

>> DRAINAGE WAY WE EXPLORED ANOTHER APPROACH FURTHER UP THAT WAY BUT IT'S A MASSIVE CREEK THAT CROSSES THE ROAD THERE AND ASSISTS BASICALLY IT'S GOING TO BE A GRASS LAND THERE PRETTY

MUCH. >> FOR ME THE PURPOSE OF THIS EVENING'S REQUEST REALLY IS NOT SO MUCH ABOUT WHAT YOU SPECIFICALLY DECIDE TO ZONE THE PROPERTY WITHIN THE PD.

WHETHER IT'S WE ACTUALLY PROPOSE COMMERCIAL IN THE BLUE AND MEDIUM INDUSTRIAL ON THE RED. STAFF FELT LIKE IT WAS BETTER SUITED JUST A STRAIGHT LIGHT INDUSTRIAL USE.

AND THEN WITH THAT BEING SAID, WE DIDN'T -- THERE'S NO REASON FOR US TO DEBATE THAT WITH THEM. I THINK IT'S FINE.

WE JUST WANTED TO GET A GOOD LIST OF USES THAT WE CAN HAVE SOME FLEXIBILITY MOVING FORWARD WITH THE DEVELOPMENT.

THIS MIGHT LAST FOR FIVE OR SIX YEARS TO GET TO THE OTHER END AND WE JUST NEED FLEXIBILITY OF HOW THAT GETS THERE.

BUT WITH RESPECT TO THE LIST WE PROVIDED THAT YOU'LL HAVE A COPY OF OR IF YOU DON'T ALREADY, WE'RE OPEN TO YOUR FEELINGS ABOUT ANY OF THOUGHTS USES. FOR INSTANCE, WRECKER SERVICE I'VE ALREADY SCRATCHED IT OFF THE LIST.

I THINK THAT PROBABLY WASN'T THOUGHT THROUGH VERY FAR BECAUSE USUALLY THEY HAVE AN IMPOUND LOT THAT HOLDS CARS SO WE DON'T WANT THAT. I SHOULD ALSO SPEAK TO THE OWNERS VISION OF THIS PROPERTY. YOU CAN SEE BY THIS BUILDING WE'RE PROPOSING FOR ACE OFFICES, HE RUNS A LOGISTICS COMPANY WHICH IS PRIMARILY AN OFFICE BASE ADD OPERATION AROUND THE COUNTRY. BACK IN THE BACK HERE THIS EXISTING BUILDING HAS BEEN AN EYE SORE FOR YEARS.

BUT IT JUST IS AN OLD 19D 80S METAL BUILDING BUT IT'S GOT TWO

[02:35:01]

OPEN BAYS IF FRONT. I DON'T KNOW IF YOU'VE NOTICED IT. THERE NOT USED JUST TWO OPEN BAYS. SO THE THOUGHT WAS RATHER THAN TRYING TO GO INTO WHAT'S ALREADY BEEN BUILT THERE AND MESS AROUND WITH THAT IS FINISH OUT THE TWO OPEN BAYS AND FINISH OUT A WHOLE SHOW ROOM THERE JUST LIKE A CAR DEALERSHIP WOULD BE, YOUR SALES MAGAZINER, PARTS GUY, THAT WOULD BE AMP TRUCKING.

SO IF OWNER WOULD BE OPERATING PDP AN AMP TRUCKING DEALERSHIP WHICH IS AS YOU KNOW FROM MOST OF THE DEALERSHIPS BUILT AROUND DALLAS FORT WORTH THEY'RE PRETTY NICE.

HAVE YOU TO BE A NICE CAR DEALERSHIP TO HAVE INTEREST IN PEOPLE WANTING TO COME BY THERE. SO WE FELT THAT WAS A GOOD KIND OF UNDERPINNING ON WHY WE SAW INDUSTRIAL RUN ALONG AROUND THE BACK OF THE PROPERTIED. THE TRANSWOOD IS A TENANT OF THAT BUILDING THAT THEY OWN AND THEY HAVE A LEASE THAT GOES OUT SOME NUMBER OF YEARS SO THEIR FUTURE IS STAYING THERE AND THEY'RE GOING TO COHAS BEEN AT A TIME WITH THE DEALERSHIP IN THE FRONT AND TRANSWOOD IN THE BACK AND MOSTLY LIKE ANY DEALERSHIP THEY'LL HAVE SERVICE FUNCTIONS TO THE TRUCKS THAT THEY SELL BUT LOUNGE THEY END UP OPERATING THERE IS NOT KNOWN.

SPEAKING TO THE BUILDINGS, WE'VE -- REQUIREMENT ON EXISTING BUILDING IS WHAT IT IS. IT'S A METAL BUILDING AND CAN'T SUPPORT MASONRY SO WE'VE DRESSED IT UP WITH ARCHITECTURAL METAL PANELS AND STUCCO TO MAKE IT LOOK AS GOOD AS IT CAN.

THEY'RE ALSO PAINTING THE WALL PANELS AND IT WILL LOOK LIKE A REAL BUILDING AND LOOK REALLY NICE.

OUR FOCUS WAS THIS BUILDING HERE.

PRIMARILY TO SET THE TONE FOR THE REST OF THE DEVELOPMENT.

THAT'S WHY I WASN'T BACKING THE LIGHT INDUSTRIAL THING BECAUSE WE SEE AN INDUSTRIAL USE ALONG THE FRONT AND IN COMMERCIAL AND/OR MEDIUM INDUSTRIAL ALL THE THINGS HIGHLIGHTED IN BOLED WOULD ALSO BE CONSIDERED TO BE APPROVED BY RIGHT SO THEY'RE ONLY THEY ARE ONLY GOING WITH A LIGHT INDUSTRIAL. THE REASON A TILT WALL STRUCTURE. AND WE ARE DOING BASICALLY A REALLY UPSCALE LOBBY THAT HAS AN ATRIUM BEHIND IT.

SO YOU ARE WALKING SEE THE ATRIUM ON EVERY FLOOR FROM ALL THE OFFICES. WE HAVE A ROOFTOP THINK WITH THE EXTRA OFFICE. OUTDOOR AREA THAT NOW FUNCTIONS.

THAT IS PRETTY MUCH APPEAR. AND THEN HE IS THINKING OUT-OF-THE-BOX. HE IS THINKING A TENANT SUITE ON THE LOWER LEFT AND CORNER WE WOULD LIKE TO HAVE SOMETHING UNUSUAL LIKE A COFFEE SHOP. WHICH IS ONE OF THE REASONS WE WANT TO DEFINE THEY USED IN THE DP BECAUSE IT IS NOT LIGHT INDUSTRIAL. STORAGE FUNCTION IN THE BACK IS GOING TO THE TWO TENANTS. IN THE ROOFING COMPANY STORAGE.

AND SEPARATE TENANTS. THEY HAVE A COUPLE OF DOORS.

THE PRIMARY DESIGN ISSUE GET ON THIS MAIN DIRECTLY OPPOSING AS IT PRIVATE DRIVE WITH THE EASEMENT.

THE PROPERTIES IN THE BACK WILL HAVE ACCESS LIKE THE PROPERTIES IN THE FRONT WOULD. THAT WOULD BE OUR MAIN DRIVE.

AND ESCAPE INJURIES THAT KIND OF THING.

I GUESS THAT PRETTY WELL SERVES IT EXCEPT THERE IS A CHANCE HE MAY WANT TO DEVELOP SOME OF THESE FUTURE THINGS TO SPEC.

BUT WE ARE LOOKING FOR ANY BUILDINGA THESE FUTURE THINGS TO SPEC. BUT WE ARE LOOKING FOR ANY BUILDING YOU WANT THE CITY TO BE LEASED.

THE PARKING COUNTS ARE SET RIGHT NOW BASED ON THE TWO EXISTING BUILDINGS. AND THERE ARE NO PEAK HOURS AVAILABLE. WE ARE LOW.

IN ANY KIND OF INDUSTRIAL DEVELOPMENT YOU WILL EXPECT SOME TRAFFIC. AND OFFICE USE AND RETAIL USE WILL HAVE TRAFFIC. BUT I THINK THAT BEING A ON1-WA ROAD WERE NOT CROSSING TRAFFIC. THAT IS-60 PERCENT REDUCTION IN YOUR POSSIBILITY OF COLLISION YOU HAVE ALL YOUR TRAFFIC GOING ONE DIRECTION. IS SUPER WHITE SHOULDER IT IS 15 FEET WIDE AT LEAST. CREATING THE T CELL THINGS I THINK WILL TAKE MY COMPETENCY LEVEL UP THAT I COULD BE COMFORTABLE WITH THE DESIGN. ON THE ROAD AS WE GET DEVELOPMENTS IN HERE YOU MIGHT SAY WE HAVE ON THIS LIST THAT WE WANT TO DO THIS, FOR EXAMPLE, OAK STORAGE FACILITY AND THE GUY HE WANTS TO DO IT WANTS TO OCCUPY IT WAS 150 TRACTOR TRAILER AT SOME POINT. AND THEY COME TO YOU AND SAY

[02:40:03]

THAT IS TOO HEAVY TO USE WE CAN WORK AROUND THAT.

THE MAIN THING IS HAVING A GOOD LIST DO GOOD JOB MARKETING USERS ON THE PROPERTY. I BELIEVE - THE LAST OTHER T THING. STUFF WAS GOING TO LOOK AT THE HOMEWOOD DEVELOPMENT THAT WAS APPROVED I BELIEVE THEY CALL IT CELL AND VERIFY THE OTHER DEVELOPMENT SECONDS INTO THAT PROPERTY ARE REQUIRED TO GO TO CITY COUNCIL FOR APPROVAL.

NOW EVERY DEPARTMENT DOES A SITE PLAN THE HILLSIDE PANDEMIC ALL THE WAY THROUGH DESIGN AND LANDSCAPING.

THAT IS TOTALLY STANDARD FOR US. BUT NORMALLY IT IS STAFF APPROVED APPLICABLE TO THE PROCESS PRETTY QUICKLY.

WE ARE BASICALLY MAKING AN INQUIRY, I GUESS.

THAT IT'S THE PD IS APPROVED IS IT NECESSARY FOR EVERY PROJECT TO GO THROUGH IN SEP. A DETAILED THAT GOES THROUGH PNC AND CITY COUNCIL. IS THIS FOR ALL DEVELOPMENTS IN THE CITY? OR SOME REASON MIGHT BE AVAILABLE TO DO IT WHERE HILLWOOD WOULD NOT. AND THAT IS ALL I HAVE FOR YOU.

ANY QUESTIONS? >> I WILL ADDRESS ONE QUESTION NOT SURE ABOUT THE OTHER. THE CONSTRUCTION, THE ROADWAY PLANS, THE UPGRADES TO ALL THOSE THINGS IN THEIR INITIAL SUBMITTAL. SO DON'T THINK WE GOT THAT MUCH DETAIL ON THIS ONE. THEY HAD LANDSCAPE THEY HAD RESULTS FOR ELEVATION. THEY HAVE FOOTPRINTS THEY HAD FULL TIA. WHAT ELSE, LANDSCAPE.

IS A DETAILED SUBMITTAL ON 5,000,000 FT. OF SPACE.

QUICK DID NOT HAVE ANY FUTURE DEVELOPMENT?

>> THAT IS A BIG DIFFERENCE >> JUST SO YOU KNOW THIS IS CONSISTENT WITH OTHER DEVELOPMENTS WE HAVE DONE IN THE PAST. ADDITIONAL AREAS THAT ARE NOT CURRENTLY BEING DEVELOPED. THERE WAS A LARGE PORTION OF THE COMMERCIAL RETAIL AREA THAT WAS NOT INITIALLY INTO THE SITE PLAN. PART OF THE REASON WHY IT WAS DENIED. THAT WAS AN AREA THAT WAS NOT IN THE SITE PLAN. THE REQUIRED DETAILED SITE PLAN OF THE TIME OF DEVELOPMENT BECAUSE WE DID NOT HAVE DETAILS THE DID NOT KNOW WHAT THE PROPERTIES WOULD BE USED FOR.

>> WASN'T REQUIRED TO GO THROUGH PNC?

>> YES. >> ANY OTHER QUESTIONS OF THEM?

>> MAYOR RICHARD RENO: THANK YOU, SIR.

KOBE CAN WE GO BACK TO THE USES AND NOT USE HIS CHART? THAT ARE

PERMITTED OR PROHIBITED? >> PERMITTED AND NOT PERMITTED.

>> HERE IS PERMITTED. IT IS A HODGEPODGE OF ALL SORTS OF USES FROM DIFFERENT ZONING DISTRICTS.

FROM JUST INITIAL. I JUST SAYING THIS TONIGHT

>> IF WE APPROVE THIS WE APPROVE THAT IS THAT CORRECT?

>> WILL HAVE TO UPDATE THE ORDINANCE TO INCLUDE THAT AND ULTIMATELY COUNSEL WILL MAKE A DECISION, YES.

>> MAYOR RICHARD RENO: SPEAKING FOR MYSELF HAVE A REAL PROBLEM

WITH THIS. >> SO, WHEN DID STAFF GET THIS

LIST? >> YESTERDAY MORNING

>> ALL I NEED TO KNOW FROM YOU, DO YOU FEEL COMFORTABLE WITH THIS LIST AND YOU WOULD RECOMMEND APPROVAL WITH THIS LIST? I AM CONCERNED ALL OF US DO NOT HAVE ENOUGH TIME TO REVIEW THE LIST. AND IT IS MAINLY BECAUSE OF WHAT THIS PROPERTY IS LOCATED. ONCE AGAIN IF YOU START PUTTING BISTROS AND ALL THIS OTHER STUFF IN THEIR HOW WILL YOU GET THAT VOLUME OUT OF THERE SAFELY? I AM A LITTLE BIT CONCERNED.

AND I DO NOT KNOW IF THE APPLICANT AND PRESENTERS WANT TO THINK THROUGH. DO YOU WANT THIS TO ROLL THROUGH? I AM NOT SO SURE I SUPPORTED DUE TO THE LIST TONIGHT THAT NONE OF US HAVE HAD ENOUGH TIME TO REVIEW THE IMPACT TO THE LIST. I AM ASSUMING YOU ALL HAVE THOSE KINDS OF RESERVATION. THE STAFF.

>> WE REVIEWED IT YESTERDAY WE FEEL COMFORTABLE WITH THE LIGHT INDUSTRIAL USES IN CONNECTION WITH THAT THE APPLICANT WANTS TO

[02:45:07]

CONTINUE. I WOULD DIFFER IT TO THAT.

OUR MAIN CONCERN IS TRAFFIC AND TIA THAT WE DISCUSSED

>> WITHIN THE STAFF RECOMMENDATIONS THAT DOES NOT

INCLUDE THAT LIST? >> OUR RECOMMENDATIONS INCLUDES, YES, SIR. YES, SIR IT DOES INCLUDE

>> ALL THOSE DIFFERENT USES WHICH LEGAL DID A GOOD JOB OF EXPLAINING FROM WHAT I USE TO SEEING.

THAT IT IS IN THE LIGHT INDUSTRIAL OR DOESN'T QUICK THE MAJORITY ARE MORE SO MEDIUM INDUSTRIAL USES.

AGAIN, WE CAME UP WITH THE LIGHT INDUSTRIAL BASED ON AND UNDERLINE IN THE PD AT THE START OF THE PROCESS AND GOT MORE OF THOSE. PERMITTED USES YESTERDAY.

BY THE POINT WE HAD MADE THE ORDINANCE

>> IT ALMOST LIKE A GOT A GLIMPSE WITH THE BISTROS AND MORE RETAIL SIDE. I AM IN A MEDIUM INDUSTRIAL DISTRICT AND WE HAVE A MESS OUT THERE I WILL TELL YOU WHY.

WE HAVE STUFF THAT DOES NOT BELONG.

EVEN WHEN YOU GET RIGHT INDUSTRIAL YOU DO NOT NEED BISTROS AND ALL THAT STUFF NEXT IN.

WE HAVE TOWN FOR THAT STUFF. I JUST HAVE GREAT CONCERNS.

I AM SAYING IN A NICE WAY I WILL NOT SUPPORT THIS WITHOUT MORE TIME TO REVIEW THIS LIST THAT SUGAR.

IS THE LIST IN MY PACKET? I DON'T HOLD THAT AGAINST YOU

>> IT IS NOT >> I WILL NOT FEEL FOR THIS TONIGHT. IF YOU ALL WANT TO GO THROUGH THAT, FINE. IF YOU WANT TO SAY TABLE IT AND COME BACK THAT IS UP TO YOU ALL. I AM TRYING TO THINK OUTSIDE THE

BOX HERE. >> THIS TAKES ME TO MY INITIAL DIRECTION WHAT WE APPROACH KOBE WITH OUR PLANS.

AND THAT WAS TO ZONE THE ENTIRE TRACK ALONG THE FRONTAGE COMMERCIAL. AND THAT INCLUDED MOST OF THE ITEMS ON THE LIST WE WERE INTERESTED IN THAT WERE ON THE LIST HE IS REFERRING TO. IN THE BACK OF THE PARK IS MEDIUM INDUSTRIAL THAT INCLUDES ALL THE OTHERS ON THAT LIST WE WERE INTERESTED IN GETTING. SO IT IS ONLY THE FACT WE ARE CONSIDERING THE PD UNDER LIGHT INDUSTRIAL THAT MAKES MOST OF THOSE ITEMS TURNED BOLD. BECAUSE THEY ARE NOT LIGHT INDUSTRIAL THEY ARE EITHER COMMERCIAL OR MEDIUM INDUSTRIAL.

BUT WE ARE MORE THAN HAPPY IN FULLY NEGOTIATING THE ACTUAL LIST. WHETHER ONE LIST FOR THE WHOLE PROPERTY OR WHETHER IT IS ZONED COMMERCIAL AND MEDIUM INDUSTRIAL AND THOSE USES WOULD BE APPLIED. WITHOUT THE CITY WOULD PREFER THE COMMERCIAL UPFRONT. BECAUSE THAT GIVES THE CITY CONTROL THERE IS COMMERCIAL IS ALONG THE ACCESS ROAD RATHER THAN INDUSTRIAL. UNDER LIGHT INDUSTRIAL THEORETICALLY THAT WOULD NOT BE THE CASE.

THAT IS THE REASON WE PROPOSED IT.

TWO ZONING THE WEST TRACK MEDIUM INDUSTRIAL IN THE EAST COMMERCIAL. AND YOU ACTUALLY KNOW WHAT YOU ARE GETTING ON THE ACCESS ROAD. IT IS NOT OUR INTENT TO HAVE BISTROS OR REAL RESIDENTIAL. ANY TYPE OF REALLY RETAIL TYPE ENVIRONMENT. YOU CAN SEE MORE OF A COMMERCIAL OFFICE, POSSIBLY A HOTEL, THAT TYPE OF USE.

BUT KEEPING THE MEDIUM INDUSTRIAL STUFF IN THE BACK.

INDUSTRIAL THAT WAS THEIR PROPOSAL.

IT MAKE SENSE TO BE LIGHT INDUSTRIAL AND MEDIUM AND SPLIT THAT UP AND BETTER NEGOTIATE ON YOU ON WHAT YOU WOULD APPROVE FOR THAT. WE WOULD BE HAPPY TO GO THAT

DIRECTION >> GOING BACK TO COMMISSIONER ROGERS STATEMENT DOES THIS CREATE A PROBLEM TO TABLE THIS

UNTIL THE NEXT REGULAR MEETING? >> IT DOES WE ARE TRYING TO MOVE IN A HURRY. PRIMARILY BECAUSE WE NEED TO GET THEM OCCUPIED AND IN THEIR BUILDING.

AND TEMPORARILY IN THE EXISTING BUILDING

>> YOU WOULD RATHER SEE US POSSIBLY - I DON'T KNOW WHAT THE COMMISSIONERS BUT TONIGHT IT IS SUPPOSED TO HAVE TIME TO WORK IT

OUT? >> THAT IS A GOOD QUESTION.

WE WANT TIME, RIGHT? I DON'T SPEAK FOR THE OTHER COMMISSIONERS BUT YOU HEARD FROM ONE YOU WILL HEAR FROM ANOTHER AND THAT IS ME. I AM OPPOSED TO THE PROJECT LIKE IT IS. THE OTHER THREE GENTLEMEN I DON'T KNOW. BUT IN MY HUMBLE OPINION THAT NEEDS TO BE WORKED OUT. THERE'S A LOT OF QUESTION PARSED OUT THERE. THAT IS A BIG PANDORA'S BOX I AM NOT COMFORTABLE WITH. QUICKLY ASKED THIS QUESTION DOES

[02:50:02]

THE COUNCIL OR THE PNZ LIKE IT WITH TWO INDUSTRIAL IN THE FRONT AND LIGHT INDUSTRIAL IN THE BACK OR LIGHT INDUSTRIAL?

>> WE JUST HAVE TO GET MORE DETAILS THAT IS A LONG LIST.

AND IT IS REALLY NOT ALL ESTABLISHED WITHIN LIGHT AND MEDIUM. IT IS CONFUSING IN A WAY.

I AGREE TO THAT TONIGHT AND I CANNOT SEE WE HAVE THE TIME.

ATTACK AND NOT GOING TO MAKE THIS QUICK JUDGMENT TONIGHT IN

TEN MINUTES. >> AND STAFF UNDERSTANDS WHERE PNC AND THE PARTICULAR COUNSEL WANTS TO VOTE.

I THINK SITTING DOWN WITH THAT THEY CAN MANAGE IN THE RIGHT

DIRECTION. >> I AM TOM NASH MAY I SPEAK?

>> YES SIR >> I AM TOM WASHINGTON WITH THE APPLICANT. WHEN WE ORIGINALLY PROPOSED THIS WITH MEDIUM INDUSTRIAL IN THE BACK OF THE COMMERCIAL IN THE FRONT. WE WERE HAPPY WITH THE USES IN THOSE DISTRICTS. IT IS ONLY BECAUSE THIS WAS CHANGED, THE PROPOSAL WOULD LIKE INDUSTRIAL THAT WE HAVE HAD THIS QUANDARY. IF YOU WANT TO GET RID WAYNE SIBLEY: OF ALL THOSE USES.

AND GET THE MEDIUM INDUSTRIALRO AND GET THE MEDIUM INDUSTRIAL IN THE BACK AND COMMERCIAL IN THE FRONT.

THAT WAS OUR ORIGINAL PROPOSAL. >> I THINK THERE ARE REASONS WHY THE CITY DID NOT AGREE TO LIGHT OR MEDIUM INDUSTRIAL IN THE BACK IN THAT VOLUME. I CAN'T SPEAK TO WHAT THOSE REASONS WERE AND THAT GIVES EVEN MORE REASONS TO WANT TO REVIEW AND BETTER UNDERSTAND WHAT THEIR THOUGHTS WERE

>> THE REASON WE WERE GIVEN IF THEY DID NOT PREFER TO HAVE SPLIT SONY ON A TRACTOR. THEY WANTED IT TO ALL.

>> CHAIR MAURICE OSBORN: ZONING. AND THEY PICKED LIGHT INDUSTRIAL. BUT IT DOES NOT REALLY FIT HOW WE WANTZONING. AND THEY PICKED LIGHT INDUSTRIAL. BUT IT DOES NOT REALLY FIT HOW

WE WANT TO DEVELOP THAT TRACT. >> I ONLY TELL YOU IS A GENTLEMAN IN THE PROPERTY OF WHAT WAS A HEAVY INDUSTRIAL DISTRICT. AND WENT TO MEDIUM INDUSTRIAL.

I DO NOT KNOW ALL THE REASONS BUT THAT IS A DIRECTION I AM SEEING THE CITY MOVING. IS LIGHT INDUSTRIAL VERSUS MEDIUM. THAT IS JUST A DIRECTION I HAVE NOTICED. WE WANTED HEAVY THEY MOVED US

INTO MEDIUM >> THE REASON WE CAME IN HERE IN THE FIRST PLACE WITH THE ZONING AMENDMENT AT THIS TIME.

WE WERE NOT ABLE TO GET ACO TO START REMODELING THE EXISTING BUILDING. IN ORDER TO MOVE IN BY YEAR END.

SO IT IS A CASCADING SITUATION. IF WE WERE ABLE TO GET ACO TO REMODEL THAT BUILDING AND MOVE IN PRIOR TO YEAR END WE WOULD BE ABLE TO NEGOTIATE THE REST OF IT OUT TIMING WISE.

BUT WE HAVE TO BE ABLE TO MOVE INTO THE BUILDING BY YEAR END

>> LET ME ASK THE COMMISSIONERS THIS.

COLBY, IS THERE A WAY TO APPROVE THIS WITH THE ATTACHED APPROVED USES OF LIGHT INDUSTRIAL ONLY? THAT ARE WITHIN THE CITY? AND I AM HEADING IN A DIRECTION TO TRY TO GET YOU APPROVAL VERSUS WHERE THIS COULD GO. I CAN'T SPEAK FOR ANYONE ELSE BUT WHAT DO YOU THINK ABOUT THAT? A LISTING, I AM ASSUMING WE HAVE A LISTING OF APPROVED USES WITHIN LIGHT INDUSTRIAL,

RIGHT? >> YES IT IS IN ORDINANCE

. >> IF ALL OF THESE WERE DROPPED AND WENT TO OUR NORMAL APPROVED USES OF LIGHT INDUSTRIAL THERE IS A SIDE OF ME THAT WANTS TO STUDY THAT BECAUSE OF THE SETTING OF THE ACCESS IN AND OUT.

>> I CAN SPEAK FOR MYSELF I WOULD OPPOSE THAT

>> THAT WAS A THOUGHT TO MAYBE GAIN SOME MOMENTUM.

THAT IS THE MAIN ISSUE WE NEED MORE TIME TO REVIEW.

>> GO AHEAD. >> JUST TRY TO PULL IT TOGETHER LIKE YOU ARE TRYING VALIANTLY TO DO.

WHAT WOULD YOU THINK ABOUT THE BLUESTONE COMMERCIAL STANDARD COMMERCIAL USES IN YOUR LIST OF USES? AND THEN THE LIGHT INDUSTRIAL. AND LIGHT INDUSTRIAL AS WRITTEN

IN YOUR CURRENT PLAN? >> I SPEAK FOR ME AGAIN NOBODY ELSE. I JUST THINK WE ARE PREMATURE WITH THIS. I WOULD BE MUCH MORE COMFORTABLE. AS ONE PERSON HERE IF YOU CAN

[02:55:04]

COME WITH A SET PLAN WITH SIT USES WE CAN SAY YES OR NO.

BUT WE ARE SITTING HERE, COULD WE DO THIS? WHAT ABOUT DOING THAT? AND I AM UNCOMFORTABLE WITH THAT.

>> THE MEDIUM INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL USES ARE SPECIFIED TO CODE. IF WE DO NOT HAVE ADDITIONAL USES I WOULD ASSUME ZONING WORKS IN THOSE PLACE.

WHATEVER THOSE USES ARE WOULD BE OKAY.

THERE ARE A LOT OF USES, A LONG LIST OF USES IN YOUR DEVELOPMENT CODE FOR EACH ONE OF THOSE ZONING.

AND REQUIREMENTS FOR SUPS FOR THIS THAT AND THE OTHER USE.

TO REMODEL THAT BUILDING WITH TRANS WOULD WE WOULD NEED TO GET AN SUP FOR LIGHT INDUSTRIAL THE WAY YOUR CODE IS WRITTEN.

WHICH IS ONE OF THE REASONS WE WENT MEDIUM INDUSTRIAL WHERE IT

IS THERE BY RIGHT. >> I FULLY UNDERSTAND WHAT YOU ARE SAYING IT IS NOT HAVE THOSE USES IN FRONT OF ME.

>> ACTUALLY I DO GO WE CAN LOOK AT THE CODE.

FOR THE ZONING ORDINANCE. IF YOU LOOK AT COMMERCIAL, ALL OF THESE ACROSS THE BOARD. JUST BECAUSE WE HAVE PERSONAL ISSUES FOR VOTING AS A GENERAL RULE.

YOU HAVE COLLEGE CAMPUSES IN COMMERCIAL, YOU HAVE TAKERS, EMERGENCY CENTER IN A COMMERCIAL ZONE.

I AM NOT EXACTLY SURE WHAT SHELTERS.

I ASSUME SOMEPLACE LIKE SALVATION ARMY.

HOMELESS SHELTERS, THINGS LIKE THAT

>> WE HAVE A CREMATORY. IF IT CEMETERY.

>> THIS IS ALL IN ALLOWABLE IN COMMERCIAL.

AND SO, AGAIN, THESE ARE ONE OF THESE PROBLEMS WE SOMEHOW HAVE WITH DEVELOPMENT. WHEN YOU HAVE A PROPERTY THEY DO NOT KNOW WHAT THEY WANT TO DO WITH.

AND STAFF AND MYSELF HAVE A HARD TIME WITH IT.

I JUST PULLED THE ORDINANCE UP TO SEE AND WHAT YOU KNOW WHAT THE USES ARE IN THOSE ZONES. YOU KNOW, AGAIN, A PLACE OF WORSHIP, COLLEGE UNIVERSITY. AND THESE ARE THE NONRESIDENTIAL EDUCATIONAL USES THAT WOULD BE ALLOWED.

THE ARE ALLOWED IN MEDIUM INDUSTRIAL AS WELL.

SO NEED TO CUSTOMIZE MUCH LIKE WE DID ON THE HILL SOUTH.

>> VICKI USE WE ARE TRYING TO GET INTO IMMEDIATELY IS THE REMODELING FOR THE TRUCK DEALERSHIP.

THE OTHER USES CAN COME ALONG LATER.

BUT THAT IS THE REMODELING THAT HAS TO START.

AND MOVE AND BY THE END OF THE YEAR.

>> SO YOU COULD HAVE - WHAT IS THE USE CLASSIFICATION? WHAT WAS

IT CALLED? >> I BELIEVE THE LIGHT INDUSTRIAL CLASSIFICATION REQUIRED SUP MEDIUM INDUSTRIAL

GIVE IT TO YOU RIGHT >> TRUCK SALES?

>> YES >> SO YOU CAN COME THROUGH WITH

A SUP ONLY. QUICK THERE IS. >> SO YOU CAN COME THROUGH WITH A SUP ONLY. QUICK THERE IS A WHOLE THING OF REMODELING THIS

ONE BUILDING. >> THE SUP WOULD TAKE AS LONG AS

DOING THIS. >> WE WERE ADVISED BY STEP TO COME IN WITH A ZONING AMENDMENT AND SHOW THE WHOLE PROCESS WE WERE DOING. BECAUSE THEY WERE NOT SURE.

PD4IS VERY ALL THE GOES BACK TO 1985.

>> IT IS >> I DID NOT WRITE IT.

STAFF RECOMMENDS LOOKING AT THE WHOLE PICTURE.

BUT AS YOU HAVE SEEN THIS IS NOT THE WHOLE PICTURE.

TO STAFF! I WILL TAKE CREDIT FOR THAT WE HAVE TO SEE THE WHOLE PICTURE WHEN COMING AT THE CORNER OF TWO

[03:00:03]

U.S. HIGHWAYS ACCESS POINTS, TRAFFIC AND ALL THAT.

WE WILL NOT JUMP AND RECOMMEND APPROVAL AND THESE TYPES OF THINGS. WE ARE TRYING TO GET THEM ENTITLEMENT ON ONE'S TRACKS SO THEY CAN MOVE FORWARD ON THEIR, RENOVATION. AT THE SAME TIME WE ARE HESITANT TO LOOK AT THAT OTHER TRACK AND RECOMMEND APPROVAL CARTE BLANCHE. OF THAT TRACT.

THERE IS A LITTLE BIT OF A CHICKEN AND EGG WE WANT TO BE CAREFUL WITH THAT CORNER. BUT WITH THAT SAME TIME GETTING ENTITLEMENT WILL PROTECTING THAT CORNER.

>> PERSONALLY SPEAKING I AM WITH COMMISSIONER ROGERS I AM IN FAVOR OF TABLING IT UNTIL YOU CAN FIGURE IT OUT.

AS I SAID I WILL FLOAT AGAINST IT.

IT IS WHERE I STAND. >> TABLE IT AND LET US REFINE A LIST WORKING WITH STAFF AND REAPPROACH IT?

>> ANY OTHER DISCUSSION? IS THERE A MOTION? I AM SORRY.

>> MAKE A MOTION TO CLOSE >> SECOND, WE CLOSE THE PUBLIC

HEARING ALL IN FAVOR SAY AYE. >> AYE

>> ANY OPPOSED? >> DO YOU CONTINUE TO THE NEXT

ONE? >> WE JUST CLOSED PUBLIC HEARING. WE WILL HAVE TO COME BACK ON THAT ONE. THE FLOOR IS OPEN FOR A MOTION.

>> I WOULD LIKE TO MOTION WE TABLE IT

>> WE HAVE A MOTION AND A SECOND.

MR. ROGERS DOES THAT MOTION INCLUDE A SPECIFIC DATE?

>> MIKE RODGERS: UNTIL THE NEXT OPEN MEETING.

>> CHAIR MAURICE OSBORN: WE HAVE A MOTION AND A SECOND.

[017 Conduct a public hearing and consider and act upon an ordinance amending the zoning of +/-81.42 acres out of the Radford Berry Survey, Abstract No. 042 from Agricultural (A) District to a new Planned Development District for Industrial uses. The property is generally located on Forbes Road approximately 3,906 feet east of FM 157. (Z48-2022-185)]

ALL IN FAVOR, AYE. ANY OPPOSED? IT IS UNANIMOUS.

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE ZONING OF +/-81.42 ACRES OUT OF THE RADFORD BERRY SURVEY, ABSTRACT NO. 042 FROM AGRICULTURAL (A) DISTRICT TO A NEW PLANNED DEVELOPMENT DISTRICT FOR INDUSTRIAL USES. THE PROPERTY IS GENERALLY LOCATED ON FORBES ROAD APPROXIMATELY 3,906 FEET EAST OF FM 157. OKAY, LAST ONE FOR THE. SO THIS IS ON YOUR SOUTHWEST CORNER EDGE OF TOWN. ORBS WROTE ABOUT 81 ACRES.

FORBES ROAD, ABOUT 81 ACRES AS I SAID THE CITY LIMITS IT IS RIGHT ON THE EDGE. JUSTFORBES ROAD, ABOUT 81 ACRESI SAID THE CITY LIMITS IT IS RIGHT ON THE EDGE.

JUST TO GIVE YOU AN AND THAT SHALL THE NATURE OF THEIR REQUEST. THE ARE GENERALLY LOOKING AT DOING MEDIUM INDUSTRIAL USES. WITH HIS LOT OF CHANGES PER THEIR PD. THERE ARE THINGS THAT MIGHT BE NORMALLY ALLOWED IN MEDIUM INDUSTRIAL BUT THEY SAID WE VOLUNTARILY ARE WILLING TO HAVE THIS PROHIBITED.

ALSO THEY HAVE ADDRESSED SOME THAT WOULD HAVE BEEN PERMITTED UNDER LIGHT INDUSTRIAL. AND THE GENERAL NATURE OF THE USES OF SUMMER PROBABLY BETWEEN FIGHT INDUSTRIAL AND MEDIUM INDUSTRIAL. JUST GIVE YOU A GENERAL FIELD FOR THEIR USES. IN TERMS OF THE DEVELOPMENT STANDARDS THEY GENERALLY FOLLOW THE LIGHT INDUSTRIAL STANDARDS WITH THE EXCEPTION OF HEIGHT. THEY ARE ASKING 60 FEET IN TOTAL HEIGHT. WERE LIGHT INDUSTRIAL BUILDINGS ARE AT 35 FOOT MAX. BUT OTHER STRUCTURES SUCH AS ANTENNA COULD BE AS HIGH AS 50 FEET.

THE DISTRICT THEY ARE PROPOSING WOULD BE 60 FOOT MAXIMUM FOR ANYTHING A TOTAL MAX HEIGHT. IS TO GIVE YOU A GENERAL FIELD BOTTOM LINE FOR WHAT THEY ARE ASKING.

THE FUTURE LAND USE HERE ON THE BOTTOM.

THE FUTURE LAND USE MAP IS SHOWING THE LIGHT INDUSTRIAL OR INDUSTRIAL MODULES. WHICH INCLUDES LIGHT INDUSTRIAL AND MEDIUM INDUSTRIAL AS FAR AS DISTRICTS GO.

THERE IS THIS COUNTRY MODULE WITH A LITTLE SLIVER OF A PROPERTY. WE ARE NOT TOO CONCERNED WITH THAT. OUR UNDERSTANDING THE COUNTRY MODULE IS MEANT AS A BUFFER. THIS OUTSIDE OF HERE IS VENUS ATG. THEIR FUTURE LAND USE PLAN, IT SOUNDS OXYMORONIC. THE CURRENT LAND USE PLAN THEY WORK OFF OF HIS ENVISIONING RESIDENTIAL.

OKAY? BUT I THINK WE ALL UNDERSTAND DEVELOPMENT BECAUSE

[03:05:04]

DEVELOPMENT. WE HAVE RAILCAR A MILE TO THE EAST. AND EVEN AT OUR FUTURE LAND USE PLAN ARE ENVISIONING INDUSTRIAL. AT BEST, AT LEAST WE HAVE REACHED OUT TO VENUS TO LET THEM KNOW.

THAT THEY UNDERSTAND OUR FUTURE LAND USE MAP AND THE REAL IS NOT FAR AWAY. JUST TO BE A GOOD MUNICIPAL NEIGHBOR. BUT OF COURSE THEY CANNOT CONTROL THROUGH ZONING INTO THEIR ETG.

THEY DO NOT HAVE A SPECIFIC USER, THEY ARE ACTIVELY WORKING ON IT. AND THE APPLICANTS TONIGHT IS THAT PRESENTATION AND MAY BE LOCKED SOMEBODY DOWN BY THEN.

BUT WE KNOW THEY ARE WORKING HARD AT IT.

BUT FOR NOW WITHOUT A SPECIFIC PROJECT OR USER.

WE ARE DOING THIS THING HAVING MORE OF A CONCEPTUAL PLAN AND CONCEPTUAL LANDSCAPE PLAN WITH THE PD CONDITIONS.

THERE WERE SOME CHANGES THAT OCCURRED OVER THE LAST SEVERAL DAYS IN THEIR PACKET. ALTHOUGH BY COMPARISON TO THE PRIOR CASE AND WAS A MORE MINOR. THEY CAME MORE INTO ALIGNMENT.

SUCH AS ON THE LIGHT INDUSTRIAL. THEY WERE PREVIOUSLY LOOKING AT A DIFFERENCE OF IMPERVIOUS LOT COVERAGE AND BROUGHT IT TO THE STANDARDS. THEY HAVE COME CLOSER TO THE CITY STANDARDS SINCE FRIDAY. AND THE USES, I WOULD SAY ARE ABOUT THE SAME. AND I WILL HAVE A CHART THAT HOPEFULLY MAKES IT CLEAR. IF YOU WITHOUT SHOWING YOU THE 200 POSSIBLE USES. THAT YOU CAN HAVE IN MEDIUM INDUSTRIAL. THE IDEA HERE IS BY COMPARISON MEDIUM INDUSTRIAL IS THERE FOR AND I.

PD IS THE PD WHERE YOU SEE IS PERMITTED, S IS PERMITTED.

AND THE YELLOW IS DIRECTLY OUT OF OUR CITY ZONING ORDINANCE FOR COMPARISON. ANYTHING YOU DON'T SEE HERE IS WHATEVER IS IN THE BASE ZONING OF MEDIUM INDUSTRIAL.

SINCE THE PD POSTINGS OUT IS THAT I AM FINE WITH PROHIBITING THINGS. LIKE COLLEGE OR UNIVERSITY.

EVEN THOUGH MEDIUM INDUSTRIAL WOULD HAVE PERMITTED IT HE VOLUNTARILY THAT IT AS PROHIBITED.

THAT IS WHY THE SALE WAS BLACK. THE BLUE IN THE BOTTOM RIGHT-HAND CORNER REDUCES WE DON'T HAVE THOSE IN THE CITY ORDINANCE HE IS LOOKING FOR. FOR DATA CENTERS, FOR A PRIVATE HEALING FACILITY. ALL THOSE WOULD BE REQUIRED BY SUP BY PD. AND ANOTHER THING AND THIS IS THE MOST IMPORTANT ELEMENT FOR STAFF.

IS THAT SINCE WE DON'T KNOW THE SPECIFIC PROJECT AND USER JUST YET. WE WANT TO MAKE SURE WHEN THEY COME BACK WITH A DETAILED SITE PLAN.

LANDSCAPE PLAN, BUILDING ELEVATIONS AND EIT, IT GOES THROUGH THE SAME PROCESS JUST LIKE A ZONING CHANGE.

SO YOU KIND OF HAVE THAT BACKUP PROTECTION.

JUST AS A DEVELOPER NEED CERTAINTY TO DO BUSINESS THE CITY NEEDS CERTAINTY OF WHAT WILL HAPPEN.

THIS IS THE MIDDLE GROUND THAT PROTECTS BOTH SIDES.

AND AGAIN, AS I SAY, AS FAR AS USES GO.

NO KNOWN USERS THEY ARE PERMITTED.

THE OTHER THING IS OUTDOOR STORAGE SCREENED FOR PUBLIC VIEW. THAT IS ONE I THINK NORMALLY WOULD HAVE BEEN DONE BY SUP BUT IS ASKING FOR THAT AS PERMITTED.

HE HAS TO BRING BACK A SITE PLAN, SUP, THE WHOLE SHIPPING 20 HAS A PROJECT. AND AS I MENTIONED THE USES ARE BLENDING OF THE LIGHT AND MEDIUM.

AND THE DEVELOPMENT STANDARDS AGAIN 60 FOOT HEIGHT.

THAT IS THE ONLY DIFFERENCE. OTHERWISE THE PD STANDARDS ARE THE SAME AS LIGHT INDUSTRIAL. FOR THE HEIGHT JUST CONCEPTUALLY SOMETHING THE APPLICANT CREATED FOR US TO HELP EXPLAIN WHY HE NEEDS A 60 FOOT HEIGHT MAX. THE BLACK HERE WOULD BE GREAT IN THE GROUND. YOU FIGURE A DOG HEIGHT OF 4 FEET 40 FOOT CLEARANCE FROM SLAB TO ROOF.

BECAUSE HE IS INTERESTED IN A DISTRICT WAREHOUSE.

BECAUSE THAT IS THE MORE IN DEMAND - A DISTRICT WAREHOUSE.

[03:10:05]

EXCUSE ME DISTRIBUTION WAREHOUSE.

DEPENDING ON THE NATURE THEY SOMETIMES NEED THE EXTRA INTERIOR CEILING HEIGHT. THEN TO PROVIDE ADEQUATE FIRE PROTECTION ADDITIONAL CLEARANCE. AND SINCE WE HAVE THOSE VERTICAL ARTICULATION ENVIRONMENTS IN OUR CODE.

HE IS ASKING FOR A 42 INCH SCREENING.

THAT IS HOW WE ARE GETTING TO 53.5 FEET IN HEIGHT.

BUT ASKING 60 BECAUSE I SUPPOSE YOU NEVER KNOW WHAT WILL HAPPEN.

AGAIN, 60 FEET WOULD BE CONSISTENT WITH MEDIUM INDUSTRIAL AS THEIR NEXT PAGE. HE DOES HAVE A FEW CHALLENGES WITH HIS. THERE IS A PIPELINE EASEMENT RUNNING ACROSS THE FRONT. WHEN IT COMES AS IT COMES TO THE PD CONDITIONS. IT DOES HAVE A FEW RELAXATIONS ON THE PARKING AND LANDSCAPING PRETTY MINOR LEAGUE.

TO GET HIML. TO GET HIMT.

TO GET HIMY. TO GY.

TO GET HIM FLEXIBILITY AND THE SITE PLAN HAS TO GO BACK TO YOU FOR AP. TO GET HIM FLEXIBILITY AND THE SITE PLAN HAS TO GO BACK TO YOU YFOR APPROVAL.

THIS ISY. TO GET HIM FLEXIBILITY AND THE SITE PLAN HAS TO GO BACK TO YOU YFOR APPROVAL.

THIS ISFOR APPROVAL. THIS IS A VIEW OF THEIR CONCEPTUAL LANDSCAPE PLAN. THIS YEAR IS TO HIGHLIGHT WHAT THE LANDSCAPE EASEMENT IS. JUST TO GIVE YOU SOME ORIENTATION. OTHERWISE THIS IS PRETTY MUCH MEETING THE LANDSCAPE CODE. THEY HIGHLIGHT THE POLICE OUR CODE REQUIRES A TREAT WITHIN 60 FEET OF THE PARKING SPACE ANDY IS ASKING 175, THAT KIND OF THING.

BUT THE AMOUNT OF LANDSCAPE. IS THE SAME THE MINIMUM 50 FEET.

JUST A FEW TWISTS LIKE THAT. SO THIS WOULD BASICALLY BE OUR SUMMARY HERE. IT IS CONSISTENT WITH THE FUTURE LANDSCAPE PLAN. AGAIN, VENUS EPG IS ENVISIONING RESIDENTIAL. THE LOCATION NEAR THE REAL COURT. AND A LOT OF THE AREA YOU CAN SEE AROUND HERE IS CURRENTLY UNDEVELOPED.

AS FAR AS OTHER STATE DEVELOPMENTS.

THEY WILL TO FUNCTION WILL NEED TO PULL OUT A MILES WORTH OF WATER AND SEWER. AND BY SUBDIVISION ORDINANCE THEY WOULD ONLY BE REQUIRED TO DO TWO THINGS OF SERVICE ALONG THE FRONTAGE OF THEIR PROPERTY. I FORGET THE ACTUAL FRONTAGE DISTANCE, IT IS QUITE A BIT. BUT TO THE KNOWLEDGE THERE IS NO PENDING DEVELOPMENT AGREEMENT OF ANY KIND.

THE ZONING IS A ZONING. THOSE PRACTICAL CONSIDERATIONS ARE A SEPARATE MATTER. THE APPLICANT IS HERE TONIGHT.

WITH THAT I WILL TAKE ANY QUESTIONS.

AND HE HAS A PRESENTATION. >> CHAIR MAURICE OSBORN: QUESTIONS OF STAFF? OKAY. THE APPLICANT CAN COME UP AND

IDENTIFY YOURSELF QUICKLY >> DAVID HAYNES, HIS COMPANY 5430 HAYNES HERE IN DALLAS, TEXAS GOOD TO BE HERE AGAIN.

I BELIEVE THIS IS MY NINTH PLANNING AND ZONING HERE AND MIDLOTHIAN FOR INDUSTRIAL. CONGRATULATIONS PLANNING WEEK STAFF ICE TALK TO MOST EVERYONE ON THE STAFF ON THIS.

I APPRECIATE YOUR PATIENCE TONIGHT.

ALL RIGHT,LET'S SEE IF I DO THIS.

ALICE IS GROWING, A LOT OF PEOPLE.

4.1 MILLION IN THE WORKFORCE. WE ARE PROJECTED TO GO TO 11 MILLION IN THE NEXT 15 YEARS AND WE WILL NEED JOBS AND PLACES TO MOVE PRODUCTS AND SERVICES TO GET TO THOSE PEOPLE.

THE 287, 2607/FOUR IS IDENTIFIED ITSELF.

THE TOP BUTTON? >> THE RED.

>> AND THIS 287, 607/FOUR IS A 35 MINUTE DRIVE TO DOWNTOWN FORT WORTH AND DOWNTOWN DALLAS. TEXDOT AND NASDOG HAVE IMPROVED 287 ONTO INNIS. IN THE FUTURE EXPANSION OF THE 360 TO ALLEVIATE THE PRESSURES WE SEE AT THIS INTERSECTION.

IT IS INTENDED TO COME DOWN AT SOME POINT.

AND WE FEEL IT WILL BE SOUTH OF THE REAL PORT.

SOUTH OF THE DATA CENTER IS ON THE POWER LINES IN THEIR.

[03:15:04]

LET'S SEE HERE. WE HAVE FUTURE PLAN ON THE SOUTH SIDE AT THE END OF IT. IT IS ALSO GOT PROPOSED FUTURE ROADWAYS. IN ACCORDANCE WITH LIKE, MEDIUM INDUSTRIAL ZONING AREAS IN THIS DISTRICT FOR WAREHOUSE AND DISTRIBUTION FACILITIES ARE THE SAME.

THEN WE HAVE GOT THIS SLIDE HERE.

LET ME JUMP ON. THE FUTURE OF EG ROAD, 120 FOOT RIGHT-OF-WAY SECOND THE VEHICLES 267.

CONNECT TO POWER WAY HERE TICKET TO REAL PORT PARKWAY AND OUT OF THE AREA. GOING BACK TO REVIEW A FEW THINGS. THIS SITE IS SET ON THE BOUNDARY LINE, THIS FENCE LINE BEING THE VENUS YOU TJ -- EDG THE SOUTHERN END OF MIDLOTHIAN. THERE IS WATER AT THE INTERSECTION OF POWER WAY AND EDG EDG THE SOUTHERN END OF MIDLOTHIAN. THERE IS WATER AT THE INTERSECTION OF POWER WAY AND EDG WAS WITH SEWER BACK TO THE TARGET DISTRIBUTION CENTER. WE HAVE BIDS FROM LOCAL CONTRACTORS IN THE AREA TO RUN THOSE AND EXPAND THE ROADWAY FROM POWER WAY TO OUR SITE TO SERVICE THAT.

AND CONSIDER THAT IN OUR DEVELOPMENT COST.

AND WORK ON THE EDC AND THE USER TO HAVE A DEVELOPMENT AGREEMENT AND MAKE THAT HAPPEN. WE CAN DO A 1 MILLION SQUARE-FOOT USER WHICH IS ACTIVELY BEING LOOKED AT RIGHT NOW. WE HAVE TWO USERS THAT WOULD REQUIRE THAT MUCH SQUARE FOOTAGE.

ONE IS IN THE DRUG BUSINESS THAT DOES ROGUE ASSEMBLY.

AND THEN DISTRIBUTION THROUGH UPS, FEDEX AND THINGS.

THE FINAL MILE FOR YOUR FINAL ROAD.

READING MAPS AND THINGS LIKE THAT.

THEY USE THIS TO REPAIR, ASSEMBLE AND DISTRIBUTE.

THEN WE HAVE ANOTHER USER THAT IS IN THE NATURAL GAS CONVERSION BUSINESS. THEY TAKE A DIESEL MOTOR AND GOES TO NATURAL GAS. THEY LIKE IT BECAUSE OF THE GAS PIPELINE. WE HAVE WORKED WITH ENERGY TRANSFER THE OWNER AND MANAGER OF THIS PIPELINE.

WE CAN DEVELOP AROUND IT BY USING A STEEL PIPE SLEEVE AROUND IT IN THE PROPER FILING ACCESS. THEY ARE ONLY WORRIED ABOUT SLEEVING IT PROTECTING IT THAT IS CONSIDERED IN OUR DEVELOPMENT AS WELL. AND THEN WE HAVE A LANDSCAPE PLAN. LOTS OF TREES, GREEN GRASS OFF OF FORBES ROAD, A 20-30 FOOT BUFFER BECAUSE OF THAT PIPELINE.

ARE ONLY ONE DESIGN ISSUE IS THE TREES CANNOT GO ON TOP OF THE PIPELINE EASEMENT. WE TOTALLY UNDERSTAND THE NEED TO HAVE THEM IN LANDSCAPE AROUND THE ENTIRE DEVELOPMENT.

LET'S SEE, I BELIEVE THAT IS IT. IF YOU HAVE QUESTIONS I WILL BE

HAPPY TO ANSWER THEM. >> CHAIR MAURICE OSBORN: YES.

>> FILL ME IN ON YOUR PROPOSAL FOR ROAD IMPROVEMENTS FROM FORBES TO VB JONES. THERE IS A FURTHER DOES NOT MATCH GOOGLE. IT IS GOT TO BE SOMEWHERE QUITE

A MILE >> IT IS ALMOST THAT AROUND 5000

FEET. >> 4663, SOMETHING LIKE THAT.

WHAT DO YOU HAVE TO DO TO GET FROM POINT A TO POINT B DO YOU

PLAN ON USING THE EXISTING ROAD? >> IT WOULD HAVE TO BE APPROVED WE WOULD WORK OUT AN AGREEMENT. WE WOULD WORK OUT SOME SORT OF AGREEMENT. WHETHER WAVING IMPACT FEES OR SOME WAY WE WOULD COME AND PUT THE DEVELOPMENT IN.

AND THE FUTURE USERS ALONG THE ROAD.

AS YOU CAN SEE THERE IS A SITE HERE AND VARIOUS SITES, ALONG.

AND WE WOULD BE GIVING THEM THAT IMPROVEMENT VALUE.

WE WILL LOOK AT WAVING IMPACT FEES TO RECOUP THOSE COPS IN A SHARED COST VALUE. WE UNDERSTAND WE WILL NEED TO FRONT IT IN. WE ARE NOT LOOKING TO PAY FOR IT OURSELVES TO IMPROVE EVERYTHING AROUND US.

TO GET BENEFIT OFF OF OUR DOLLARS

. >> YOU MENTIONED SEVERAL BUSINESS USES THAT ARE GOING TO BE INTERESTED IN PULLING OFF THAT PIPELINE. AND NATURAL GAS TYPE USES AND

WHATNOT? >> CORRECT.

>> THIS IS SOMETHING I WILL HAVE TO GET STAFF ANSWER FOR.

WE HAVE A UNIQUE SITUATION TO MY BELIEF WE HAVE HOMES WITHIN 1000 FEET OR 1400 FEET THAT ARE NOT NECESSARILY THE CITY.

[03:20:07]

ARE YOU WRONG OR RIGHT? >> YES.

>> THEY MAY NOT BE IN THE CITY. >> NO, THEY ARE NOT.

>> FROM A SUBSTANCE OF HUMANITY AND UNDERSTANDING

>> I WAS NOT PREPARED FOR THAT. >> 4FOR 15 YEARS OF THAT I AM TRYING TO THINK OUT OF THE BOX FOR THOSE FOLKS.

I AM A LITTLE BIT CONCERNED. >> I WILL LEAVE THE SUBJECT

PROPERTY IS RIGHT HERE. >> IT LOOKS LIKE A HOLD CLUSTER.

A TRAILER PARK, I COMING UP WITH 1400 FEET TO THE UPPER CORNER.

YOU KNOW THEY HAVE BEEN BEFORE. THE HAVE SEVERAL CONCERNS.

ONE OF WHICH WHAT WILL THEY DO TO OUR ROADS? AND, NUMBER TWO, WHAT KIND OF BUSINESS WILL THEY BE DOING THERE? CLYDE, WHILE I HAVE YOU UP HERE. WE HAVE DEALT WITH THESE HEIGHT SITUATIONS ON THESE BEFORE. AND I GOT MY MIND.

MUCH HIGHER THAN 60 FOOT. >> WHO WOULD NOT WANT 55.

>> DID WE MAKE THAT? >> THEY GOT AS HIGH AS 100.

>> THAT IS WHAT THE SETBACK FORMULA.

>> THE RESIDENTIAL SLOPE SETBACK.

>> 60, I THINK THE GAS PLACE DOWN THE ROAD IS OVER 60.

I DO NOT THINK THE HEIGHT REQUIREMENT WITHIN THE REAL

CORRIDOR. >> THAT IS UNDERSTANDABLE.

MY UNDERSTANDING IS DO WE AS A CITY.

WE ARE CONCERNED OF WHAT IS IN OUR BORDERS.

I GUESS THE WAY I WOULD LOOK AT IT.

IF THAT WAS A NICE SUBDIVISION. IN OUR CITY, HOW WOULD THE IMPACT BE VIEWED OF A 60 FOOT TALL BUILDING?

>> HE ONLY WANTS 60 FOOT TALL >> 60 FOOT TALL BUILDING AND USES OF NATURAL GAS OF A PIPELINE.

>> HYPOTHETICALLY IF THEY WERE IN OUR CITY THERE MIGHT BE A CONCERN. I STOP AT MY CITY LIMITS.

THE LEGISLATURE SAYS YOU WILL NOT AND ASK ANYBODY.

THEY ARE UNDER THE TJ THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITEW THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITER THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITEJ THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITE THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITE THEY HAD NEVER WANTED TO COME IN.

I HAVE THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITEE THEY HAD NEVER WANTED TO COME IN.

I HAVE T THEY HAD NEVER WANTED TO COME IN.

I HAVE J THEY HAD NEVER WANTED TO COME IN.

I HAVE A FINITE >> THE WAY I LOOK AT IT I TRIED

TO PROVIDE A BUFFER. >> IS A BUFFER THE PIPELINE IS THERE. IF THERE WILL BE AN ISSUE WITH

THE PIPELINE. >> ISSUE IS NOT THE PIPELINE IT

IS WHAT USAGES. >> EQUIDISTANT GO TO THE OTHER SIDE. AND I AM NOT SPEAKING ON HIS BEHALF. EQUIDISTANT IS A POWER PLANT.

SO YOU ARE RIGHT THERE IS CONCERN.

>> IN A BUSINESS DISTRICT WITH WONDERFUL RULES.

TO GET MASSIVE AMOUNTS OF FIRE SAFETY EQUIPMENT.

THEY ARE SET UP. >> YES, SIR.

>> I NEED YOU TO EDUCATE ME A LITTLE BIT.

>> SURE. >> WHAT I AM LOOKING AT IF YOU

WANT A 60 FOOT TALL BUILDING. >> YES, SIR.

>> YOU ARE LOOKING AT A MASSIVE AMOUNT OF TRAFFIC.

BECAUSE YOU WILL BE IN THE DISTRIBUTION BUSINESS LIKE WE HAVE BEEN IN THE CLUSTER IN TOWN.

AND SO IT MAKES ME A LITTLE NERVOUS.

FIRST OF ALL DO WE HAVE A BUSINESS USAGE? I DO NOT FEEL WE HAVE AN EXACT FORM YET. WE ARE TALKING ABOUT REZONING IS 60 FOOT TALL BUILDING. WE DO NOT HAVE A USAGE AND ARE PINPOINTING USAGE WE DO NOT HAVE A TRAFFIC STUDY?

>> THAT IS CORRECT >> THAT IS MAKING ME NERVOUS.

>> I ANSWER THAT WE HAVE MULTIPLE TRAFFIC STUDY ONE FOR A MULTIUSER AND HIGH IMPACT USER. WE PROVIDED THOSE TO THE CITY.

YOUR ROADWAY SYSTEM IS ENGINEERED TO HANDLE THAT.

I SPOKE TO MIKE ABOUT THAT FUTURE INTERSECTION LIGHTS AND THINGS THAT MIGHT BE CONSIDERED PART OF THE DEVELOPMENT AGREEMENT. WITH THE PROPOSED RULES.

AND PROPOSED INFRASTRUCTURE IMPROVEMENTS THEY WOULD BE ABLE TO HANDLE THE TRAFFIC. AND I AM NOT SPEAKING FOR.

[03:25:01]

THAT IS WHAT WE DISCUSSED ONE WE BUILT THIS ROAD THAT WAS ALL THAT. THE SECOND THING IS A 60 FOOT HEIGHT REQUIREMENT IS FOR A DISTRIBUTION USER.

AS SOME RUGS ARE BIG RIGS. AND THEY USE THEM TO MOVE THE CRANE. ALSO FACILITY THINGS LIKE THAT.

IT DOES NOT FALL UNDER A MANUFACTURING.

IT IS A DISTRIBUTION THING. WE VISITED WITH THEM AT LENGTH.

AND WE REFERRED TO THEM BY THE EDC HERE.

AND THE ANSWER IS WE MIGHT HAVE 4-518 WHEELERS DELIVER EVERYDAY.

BUT WE WOULD HAVE TEN OR 12 UPS FEDEX TRUCKS THE EVERYDAY.

THEY ARE NOT 18 WHEELERS. >> THAT IS FOR THE DISTRIBUTION?

>> THAT IS FOR THE RUG DISTRIBUTION.

THE DIESEL MOTOR COMES OUT INTO FINANCIAL GAS.

THEY DO NOT HAVE TRUCKS COMING IN EACH AND EVERYDAY.

THEY ARE STRIPPING THEM DOWN REFURBISHING THEM.

SIX WEEKS LATER GETTING THEM BACK OUT.

IT IS NOT A DAILY TRAFFIC USERS. THOSE HAVE SHOWN AN INTEREST IN WE ARE WORKING TOWARD AN AGREEMENT WITH THEM.

AS FAR AS THE 60 FOOT HEIGHT GOES IT IS BECOME THE STANDARD IN WAREHOUSES ACROSS THE COUNTRY.

IT IS A BIG TREND. I PERSONALLY DO NOT WANT TO BE RESPONSIBLE FOR BUILDING A 100 FOOT BUILDING.

60 FOOT IS GETTING UP THERE ANY WAY.

BEING ABLE TO DO A 1 MILLION SQUARE-FOOT USER NEW POWER LINES ON THIS SITE. GREAT ACCESS TO 87, 267 IN THE INDUSTRIAL MODULE. IT IS A GREAT NEED AND I BELIEVE CAN BENEFIT THE CITY OF MIDLOTHIAN, CREATE GREAT JOBS

AND A TAX REVENUE. >> THANK YOU

>> ANY OTHER QUESTIONS? >> DO YOU HAVE ANY QUESTIONS?

>> YOU WERE TALKING ABOUT ROADWAYS.

ONE OF THE THINGS KEVIN HAS WRITTEN IN THE ORDINANCE RECOMMENDED BY STAFF. EACH TIME A BUILDING PERMIT, A DETAILED SITE PLAN. BUILDING ELEVATIONS AND SITE PLAN WOULD HAVE TO COME BEFORE YOU ALL.

AND WITH THAT SITE PLAN BUILDING ELEVATION.

BUILDING ELEVATIONS. LANDSCAPE PLAN, TIA AND DETAILED SITE PLAN SHALL CONSTITUTE AN AMENDMENT TO THIS ORDINANCE.

IF THERE WAS A HEIGHT AMENDMENT I THINK THEY CAN ADDRESS THAT EACH TIME THEY CAME WITH A SITE PLAN

>> ARE YOU SATISFIED WITH 60 FOOT TALL BUILDING?

>> I AM. >> MY LAST QUESTION IS THE FIRST BUILDING WILL BE APPROVED TO GO. I AM ASKING THAT BECAUSE I TRUST STAFF. THE FIRST OTHER HAS BEEN APPROVED TO GO UP. AND SAY IT HAPPENS THREE MONTHS FROM NOW. TOBY WHAT KIND OF ROADS I WILL GET FROM THE RAILROAD TRACKS TO HIGHWAY 67? WERE THOSE ROADS WHEN I GO TO ALL MY FIRST CONCRETE TRUCK.

THAT IS WHAT I WANT TO DO. QUICK THAT IS WHY WE ARE REQUIRING THEM TO COME BACK WITH A DETAILED SITE PLAN.

WITH THAT PLAN IT COMES WITH TIA, A TRAFFIC ANALYSIS PLAN IT HAS TWO FEDEX TRUCKS 80 WE LOOK AT THAT, WE ASSESS THAT WE COULD GET INTO A DEVELOPMENT AGR AGREEMENT.

AND WORK TOWARD UPGRADING THOSE ROADS AT THAT POINT.

IF IT IS TRULY 118 WHEELER AND FOUR FEDEX.

>> I HAVE THEY ARE FROM A HORSE AND BUDDY.

>> YOU REMEMBER WHAT HAPPENED TO THOSE POOR FOLKS.

LIKE THE MOON GREATER. >> WE HAVE IMPROVED.

>> WE ARE GOING PAST THE POINT THAT IS WHAT I NEED TO KNOW

>> THAT IS WHAT THAT TIA WOULD. ASK THE TIA WILL PROTECT THOSE PEOPLE OUTSIDE OF OUR CITY THAT HAVE RIGHTS.

>> YES, AND I THINK WE WILL IMPROVE THE ROAD.

>> WE DID NOT DO THAT ON VV J JONES ROAD.

HOW LONG DID IT TAKE? WHAT THEY HAD TO PUT UP UNTIL WE DID

IMPROVE. >> WE DID GET THEM REAL PORT

PARKWAY AND THAT IS A NICE ROAD. >> I WILL NOT DISAGREE, LIGHT.

>> THE NEW LINE OF VS IS A RIGHT OF WAY 4 LANED ROAD

[03:30:03]

SIMILAR TO THIS COLLECTOR HERE. IN THE OPPOSITE ROAD ON THAT WOULD BE STARTING AS TWO THINGS WHICH WOULD BE OUR REQUIREMENT.

AND THEN IT WILL EXPAND TO A MINOR COLLECTOR.

THAT WILL THEN BE ABLE TO HANDLE THE TRAFFIC FLOW THAT IS REQUIRED TO SERVICE ANY MAJOR DISTRIBUTION.

IF IT WAS PUSHED TO THAT POINT. WE HAVE NOT SPOKEN TO NEW USERS

TO REQUIRE THAT TRAFFIC. >> I FEEL TOLD YOU IN MY OPINION I HAVE BEEN ON THOSE RULES. TWO WINTERS ON FORBES ROAD TODAY

IT IS NOT READY FOR THAT. >> WE GOT A 2 MILLION BID TO

HAVE IT TO THE STANDARDS. >> FOR THE ROAD?

>> YES, SIR IT JUST TO BE 1 MILLION A MILE NOW TWO.

>> AND WE ARE STILL AFTER SIX YEARS TRYING TO GET THE RIGHT OF

WAY FOR VV JONES. >> I HOPE WE HAVE MADE SOME PROGRESS IN THE LAST TWO WEEKS BUT IT IS STILL A PROJECT THAT MDA HAS THEIR POCKETS. GET THEM THE RIGHT OF WAY.

>> ALL OF THIS IS TAKEN IN THE CONCEPTS ALTHOUGH THEY DO NOT LIVE IN OUR LIMITS WILL BE HELP WITH THESE PEOPLE THROUGH BECAUSE OF THE DECISIONS WE MAKE.

I AM TAKING THAT INTO CONSIDERATION.

>> CHAIR MAURICE OSBORN: ANY OTHER QUESTIONS?

>> THANK YOU, SIR. >> CAN WE PUT THE ARROW UP T THERE. KOBE I AM GUESSING YOU.

WHERE ARE OUR CITY LIMITS COMPARED TO THIS SITE? IS FORBES ROAD THE SOUTHERN BOUNDARY? SO WITHIN THE CITY LIMITS?

>> IT IS WITHIN THE CITY. >> ON THE NORTH SIDE COME DOWN A LITTLE BIT. OKAY, RIGHT THERE.

OKAY. THE GREEN? NO, OKAY.

WITHIN THE GREEN AREAS GO >> GREEN IS ZONED AGRICULTURAL.

>> CURRENTLY?. >> GREEN IS ZONED AGRICULTURAL.

>> CURRENTLY? >> CURRENTLY.

YES, SIR. IS THERE ALREADY SOMETHING OUT THERE? IT SEEMS THE CITY APPROVED SOMETHING BACK OF WAYS

TO BE BUILT OUT THERE. >> SOME MANUFACTURING.

>> IT NEVER GOT BUILT? >> I HAVE NOBODY ELSE SIGNED UP TO SPEAK WITH THAT I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING

>> I WOULD MOVE TO CLOSE PUBLIC HEARING.

>> CHAIR MAURICE OSBORN: CLOSE THE PUBLIC HEARING ALL IN FAVOR SAY AYE. NOW DISCUSSION.

>> MAKE A MOTION TO APPROVE AS RECOMMENDED.

>> SECOND. >> CHAIR MAURICE OSBORN: I HAVE A MOTION AND A SECOND TO APPROVE AND IT WAS RECOMMENDED.

ANY OTHER DISCUSSION? ALL IN FAVOR SAY AYE.

ANY OPPOSED? I THINK THAT IS EVERYTHING EXCEPT WE ARE DOWN TO STAFF. COMMISSIONERS DO YOU HAVE

* This transcript was compiled from uncorrected Closed Captioning.