[005 Consider and act upon a request for a Final Plat of the Dove Creek, Phase Three (3), being +/- 73.012 acres out of the JD Enlow Survey, Abstract No. 346, the G. Garcia Survey, Abstract No. 419, the A Howell Survey, Abstract No. 525 and the Martha Brenan Survey, Abstract No. 43. The property is generally located south of McAlpin Road, directly south of Dove Creek Phase two (2). (Case No. FP02-2023-012).]

ALL IN FAVOR, I. AND EAT THE POST? IT IS UNANIMOUS. SO NOW WE WILL CONSIDER AN ACT UPON A REQUEST FOR THAT CREEK. PHASE THREE.

OUT OF THE SURVEY. NUMBER 346.

ABSTRACT NUMBER 419. ABSTRACT NUMBER 525.

ABSTRACT NUMBER 43. DIRECTLY SOUTH OF DOVE CREEK.

>> THANK YOU, CHAIRMAN. AND NEXT CASE FOR THIS EVENING IS FOR ITEM NUMBER FIVE FOR THE CASE NUMBER.

AND THIS IS FOR DOVE CREEK. RIGHT-HAND SIDE, IT DEPICTS THE FINAL PLAT EXHIBIT AND IT SHOWS THE INFO.

THE VERY BOTTOM PRESENTS NO BUILDING PERMITS WILL BE ISSUED UNTIL PUBLIC INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO WATER AND SEWER ELECTRICITY ARE COMPLETED AND WE ARE RECOMMENDING APPROVAL. IT IS 73 ACRES FOR A SINGLE-FAMILY SUBDIVISION. ONE NONRESIDENTIAL LOT AND THIS

[00:10:01]

IS LOCATED SOUTH DIRECTLY SOUTH OF DOVE CREEK PHASE TWO.

COUNT MOUNTAIN PEAK WATER IS BEING PROVIDED FOR THE CITY.

AND AS YOU STATED, I BELIEVE WE HAVE ONE PERSON HERE TO SPEAK

FOR THIS. >> IS THE APPLICANT HERE? OKAY. WOULD YOU LIKE TO COME SPEAK?

DO YOU HAVE A QUESTION? >> I HAVE AN ISSUE.

>> OKAY, MA'AM. COULD YOU IDENTIFY YOUR NAME AND

YOUR ADDRESS? >> CATHERINE WRIGHT, 491 EAST.

MIDLOTHIAN. I AM A PREVIOUS OWNER, SELLER OF THIS PROPERTY. SEVERAL THINGS.

I DON'T KNOW THAT YOU'RE GOING TO WANT TO HEAR THEM ALL.

BUT NOT WANTING TO DO THE THINGS THEY COMMITTED TO DO WITH ME ON PURCHASE OF THE LAND AND WE ARE GETTING CLOSE.

SO I NEED TO START PUSHING. I'M NOT SURE IF IT WAS P&Z OR THE ASSISTANT CITY MANAGER MAKE LIFT.

I DID NOT HAVE A COPY AT THE TIME.

BUT I FOUND VERIFICATION THROUGH MY ATTORNEY FILES WHERE THEY SAY THEY WOULD DO THE FENCING BETWEEN OUR PROPERTY LOTS.

WHICH THEY ARE SAYING NOW THEY NEVER SAID THAT EVEN THOUGH I HOPE ANOTHER DOCUMENT THAT SAYS THEY DID.

BUT THE DATE SHOWS THAT -- OKAY, THEIR WARRANTY DATE SHOWS I RETAINED EVERYTHING. WHEN Y'ALL DID THE SEPTIC HOLDING STATION, THE GUY WAS PUMPING OUT WATER FROM GROUNDWATER WHICH PULLED FROM MY SURFACE WATER AND SEND IT DOWN, I GUESS IT IS CONCRETE. NOW, I STILL OWN HALF OF ALL THE WATER LOTS. I DON'T ALL OF THE DAM, WHICH THERE'S A DISPUTE OVER THAT AS WELL.

BUT I WENT TO LOOK TODAY BECAUSE THERE'S BEEN A LOT OF NOISE.

I CONTACTED PRE SEE BECAUSE THE CITY WOULD NOT TELL ME WHAT WAS DONE WITH THEM AND THEY WERE IN THE LOOP AND EVERYTHING WAS GETTING GOING. I CONTACTED THEM.

I'M SO SORRY. I HAVE NEW YEARS.

AND EVERYTHING IS SO LOUD. SO I AM THE ONE THAT COUNTED -- CONTACTED THEM. I TRY TO GET THE CITY TO JUST TELL ME COULD BE OPEN WITH ME FOR ALL THOSE OKAY.

I DON'T CARE IF WE ARE COUNSELOR OR P&Z WORK CITIZENS OR LANDOWNERS OR WHATEVER. WE ARE ALL MIDLOTHIAN IS HOW I LOOK AT IT. THEY CAME OUT AND THEY HAD AN ISSUE THAT THEY THOUGHT WOULD COME UP BY THE LIFT STATION.

OKAY? IT SHOULD NOT HAVE BEEN PUMPED OUT LIKE IT WAS. BUT THAT IS BETWEEN Y'ALL AND WHOEVER. THEY PUMPED UP FOR OVER A MONTH.

DOWN INTO -- YELL PROBABLY KNOW. YOU KNOW? YOU DON'T KNOW. THEY DUG DOWN SO DEEP.

THEY CUT NICELY THROUGH ALL THE SHELL AND WENT DOWN.

I DUNNO HOW FAR THE ACTUAL PUMP WENT DOWN IN THERE.

BUT THEY PUMPED WATER OUT OF THERE FOR OVER A MONTH BECAUSE THE STRUCTURE BUILT ACCORDING TO THE FOREMAN WAS NOT BUILT TO BE IN WATER, WHICH IT WILL BE IN WATER.

WHICH UPSET ME BECAUSE THAT IS MY TAX DOLLARS.

THAT IS ALSO A SEWAGE FACILITY THAT I DON'T WANT HUMAN WASTE OR ANYBODY BEING -- THAT BUILDING DEGRADING AND FALLING DOWN BEGIN WITH I'M NOT SURE HOW MUCH I CAN TELL YOU OF WHAT I'M TELLING YOU. BUT THE OTHER THING IS THEY SAID MY MAIN CONCERN SHOULD BE WITH GROUNDWATER WHICH IS ANOTHER SET OF GOVERNMENT PEOPLE THAT THEY WOULD TURN A PORTION OF THIS OVER TO THEM. AND THEY SAID, I PROBABLY WOULDN'T HAVE ANY REAL BIG PROBLEMS UNLESS THEY CUT THROUGH THE MAJOR, THROUGH WHEN I HIRED A -- I'M SORRY.

[00:15:03]

WHEN I HIRED A COMPANY TO PUT IN A CONCRETE FOOTING TO GET ACROSS THE SPILLWAY BECAUSE I WAS JUST -- AND IT WAS SLICK.

ANYWAY, THEY DID NOT DO IT RIGHT.

SO NATURE ERODED AROUND MY DAM. THE DEVELOPER AND I SPLIT --

>> I'M SORRY. I DON'T MEAN TO INTERRUPT YOU.

WE NORMALLY ALLOW THREE MINUTES FOR CITIZENS TO BE HEARD.

I WILL GIVE YOU A COUPLE MORE MINUTES.

BUT IF YOU WOULD, IF YOU COULD SURMISE YOUR POINTS.

>> OKAY, THE OTHER THING BECAUSE THE NOT PUTTING THE FENCING AND DOING THINGS LIKE THAT THAT THEY AGREED TO THE WATER ISSUES, THE LIFT STATIONS COULD NOT FILL ACCORDING TO THE FOREMAN WHO BUILT IT. THE SPILLWAY WHERE THEY COME AND PUT ROCK AND THEY MADE IT LOOK REALLY NICE.

SOMEHOW THEY HAVE DIVERTED WATER THAT IS ACTIVELY FLOWING NOW WHERE IT USED TO WOULDN'T IT JOINS TO MY LEG AND THEIR LAKE.

IT IS THE END OF THE SPILLWAY. THE TRAC PEOPLE TOLD ME THEY -- THEY WERE PROBABLY GOING TO FINISH OFF THE END IN SOME WAY COULDN'T MAKE IT A LITTLE MORE DRAMATIC LIKE IT WOULD BE AN OCCASIONAL WATERFALL AND THEY SAID YOU NEED TO WATCH THEM BECAUSE THEY NEED TO HAVE IT GO STRAIGHT OR BACK IN NOBLE DIRECTION. BUT NOT OFF TO THE EAST.

THEY HAVE IT GOING OFF TO THE EAST.

I JUST SAW THAT TODAY AND IT IS BEAUTIFUL.

I TOOK PICTURES IF YOU ALL WANT TO SEE.

BUT THOSE ARE ISSUES WHICH SHOULD AFFECT P&Z, I THINK BECAUSE PLANNING AND ZONING AND THIS IS FEDERAL.

IS IT FEDERAL, THAT WATER. EMISSION PEOPLE? -- THE WATER PERMISSION PEOPLE? OKAY.

ANYWAY, THAT IS MY THING. I WANT MY FENCES AND IOWA THAT WATER READ. NONE OF Y'ALL SHOULD HAVE BEEN PUMPING WATER OUT BELOW THE GROUND WHEN LEGALLY I OWN EVERYTHING BUT SURFACE. SO SHAME.

>> ALL RIGHT. >> Y'ALL DON'T MIND IF I SAY

SHAME. >> THANK YOU.

APPRECIATE IT. >> STAFF HAVE ANYTHING ELSE?

>> NO, MISS RIGHT IS CORRECT. THEY DID GO OUT AND EXAMINE.

FROM WHAT I UNDERSTAND GET THEY DID NOT FIND FAULT WITH ANYTHING NOW. SO THE LIFT STATION IS RIGHT HERE. THAT IS A REGIONAL LIFT STATION THAT IS BEING BILLED FOR DOVE CREEK AND SOUTH CENTER OF 14TH STREET, I GUESS. SO IT IS A VERY LARGE -- SHE IS CORRECT. IT IS A HUGE WHAT ABOUT IN THERE. RIGHT NOW THAT WE JUST GOT THE GENERATOR IN. THAT PUMPS ARE NOT IN IT.

BUT -- SO THERE'S WET WELL. I DON'T KNOW WHAT RAIN IT WAS.

IT WAS NOT ONE OF THE MORE RECENT ONES.

SHE IS RIGHT. IT FILLED UP.

THEY GOT THAT WHAT WEALTH PUT IN.

IT IS SUPPOSED TO HOLD WATER AND IT DID BUT IT WAS SUPPOSED TO DO. IT MIGHT HAVE TAKEN A MONTHS.

SHE CALLED ME ABOUT INDOORS AND THAT IS WHAT IT WAS.

THERE WAS A PUMP ONE -- WRITING FOR QUITE A LONG TIME.

THIS IS THE BOUNDARY BETWEEN MISS RIGHT AND THE DOVE CREEK DEVELOPMENT ARBORS. THAT HAS BEEN STAMPED.

IT IS BY CIVIL ENGINEERS. IT HAS BEEN DESIGNED BY CIVIL ENGINEERS. THESE YOU CAME OUT AND INSPECTED THE LIFT STATION. FROM WHAT I KNOW, THEY DID NOT FIND ANY FAULT WITH IT. IT IS BILLED TO THE SPECS THAT WERE STAMPED ON IT. I CAN'T SPEAK UP ABOUT THAT SPILLWAY. I'M NOT AWARE OF ANY CONVERSATION THAT HAPPENED WITH THAT.

BUT THAT IS -- I THINK THAT IS ALL I KNOW ABOUT THIS.

I WILL TRY TO ANSWER ANY QUESTIONS RELATED TO THIS ITEM.

>> MA'AM, LET ME GO AHEAD AND ADD TO THAT.

AND NUMBER OF THAT MATTERS THAT MS. WRIGHT SPOKE TO ARE BASICALLY WITH TO BE PRIVATE MATTERS LEGAL MATTERS BETWEEN HER AND THE DEVELOPER IN THIS CASE AND IN THIS CASE, THE BUYER OF THE PROPERTY. AND UNFORTUNATELY, MS. WRIGHT, THIS IS NOT THE BASIS FOR WHICH THERE WOULD BE ANY BASIS FOR DENYING THE PLAT. AS LONG AS THE PLAT, YOU KNOW, AND I WOULD JUST REMIND EVERYONE AGAIN, AS LONG AS THE PLAT COMPLIES WITH THE -- WITH OUR SUBDIVISION REGULATIONS, OR COMPLIES WITH THE SUBDIVISIONS, PLATS ARE REQUIRED TO BE APPROVED. IT IS JUST LIKE IMPAIRMENT.

-- A PERMIT. UNFORTUNATELY, WE CAN'T GET INVOLVED IN, YOU KNOW, THIS KIND OF A PRIVATE MATTER BETWEEN PRIVATE PARTIES. AND THAT DOES NOT IMPACT THE

[00:20:04]

DECISIONS YOU HAVE THIS EVENING. >> IF I MAY --

>> MA'AM, WOULD YOU COME BACK UP TO THE FRONT?

>> TWO THINGS THAT WOULD AFFECT OR SHOULD AFFECT THIS BEING ABLE TO PASS NO PROBLEM NOW IS THE FACT THAT THE FOREMAN BUILDING IT SAID IT WAS NOT BUILT TO STAND IN WATER.

THOSE ARE DIFFERENT SPECS. THEY HAVE HAD TO BUILD IT DIFFERENT. THIS IS NOT BILLED THAT WAY.

NOW, I'M GOING FROM -- Y'ALL CAN ACCESS THE BUILDER AND DOING THAT STUFF. BUT ALSO, THE GENTLEMAN FROM TEXAS TALKING ABOUT THE WAY THEY WERE PROBABLY GOING TO AND DID DEVIATE THAT WATER FLOW FROM A JOINT OWNED PIECE OF PROPERTY THAT IS AGAINST TEXAS RULES. AND THEY SAID THEY WOULD GET BACK INVOLVED IF THEY DID IT. AND I JUST DISCOVERED TODAY THEY DID. THEY DID NOT MAKE IT REAL ATROCIOUS. BUT THEY DEFINITELY WENT BACK THIS WAY. BYPASSING MY LAND AND WATER

SUPPLY. >> OKAY.

>> SO THE THING IS THESE ARE TEXAS RULES THAT ARE BEING MET.

THOSE ARE TWO THINGS TEXAS RULES THAT DON'T ME IS MY POINT.

I'M ASKING Y'ALL TO CONSIDER, I MEAN, THAT MUCH INVESTMENT, IT NEEDS TO BE DONE. I AGREE.

BUT WE ALSO NEED A SEPTIC FACILITY THAT IS NOT GOING TO FAIL A COUPLE OF YEARS BECAUSE IT WAS NOT BUILT TO BE IN WATER.

>> OKAY. ALL RIGHT, THANK YOU, MI

MISS RIGHT. >> AND AGAIN, I WILL ADVISE THE BOARD, THE ISSUES RELATED TO THE VERSION OF SURFACE WATER OR GROUNDWATER HAVE -- ARE NOT RELEVANT TO THE PLANNING PROCESS. THEY MIGHT BE RELEVANT TO OTHER MATTERS OF STATE LAW. BUT THEY ARE NOT RELEVANT TO THE MATTERS OF THE DEVELOPMENT OF THE PLANNING PROCESS AND APPROVAL OF THE PLAT. THE SAME THING GOES WITH THE DESIGN AND CONSTRUCTION OF THE LIFT STATION.

THAT IS A MATTER THAT -- AND I WILL JUST TELL YOU, I KNOW THE CITY ACTUALLY HAS -- IS ACTUALLY PARTICIPATING IN THE COST OF THAT LIFT STATION THROUGH A FACILITY PARTICIPATION AGREEMENT BECAUSE AS CLYDE SAID, IT IS A REGIONAL LIFT STATION THAT WE ARE USING TO REPLACE ACTUALLY WITH THE MOTHER LIFT STATION THAT WE ARE GOING TO TAKE OFF-LINE AND SO -- BUT THE ISSUES OF DESIGN AND CONSTRUCTION OF THAT, AGAIN, DON'T IMPACT -- IT MIGHT IMPACT SOME OTHER ISSUES.

BUT THERE'S NOT IMPACT THE DECISION ON WHETHER OR NOT WE

HAVE TO APPROVE THE PLAT. >> AND I WOULD JUST ADD TO THAT WE HAVE 90 DAYS TO FILE THIS PLAT AFTER IT IS APPROVED.

SO THEY HAVE GOT 90 DAYS TO COMPLETE THE INFRASTRUCTURE.

IF THEY DON'T COMPLETE THE INFRASTRUCTURE, I HAVE FULL FAITH IN OUR ENGINEERING GROUP AND OUR INSPECTORS THAT WE WILL NOT FOLLOW THAT PLAT BECAUSE ONCE WE FOLLOW THAT PLAT, IT BECOMES ERRORS. DOES A TWO-YEAR BOND ON IT, MAINTENANCE BOND. BUT ONCE WE ACCEPT THIS INFRASTRUCTURE, IT BECOMES OURS AND WE ARE NOT GOING TO ACCEPT

SOMETHING THAT IS NOT PART. >> AND ON TOP OF THAT, THE DEVELOPER I THINK BELIEVES GETTING PAID I THINK ON THIS ONE, THEY DON'T GET PAID UNTIL THEY ARE DONE AS FAR AS THAT CITY PARTICIPATION. SO IT HAS TO BE COMPLETED AND FUNCTIONING BEFORE THEY GET THE CITY PARTICIPATION ON THIS, WHICH IS A DECENT SUM OF MONEY IN THIS CASE.

>> AND IF I UNDERSTAND CLYDE, THE CITY'S CONCERN THIS IS

COMPLIANT? >> YES, SIR.

UH-HUH. >> OKAY.

THE FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I WILL MAKE A MOTION TO APPROVE.

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

ANY FURTHER DISCUSSION? ALL IN FAVOR, AYE.

ANY OPPOSED? IT IS UNANIMOUS.

SORRY. IF YOU HAVE SOME QUESTIONS, IF YOU SEE STAFF AND ALSO, I WILL JUST MAKE YOU AWARE, PLANNING AND ZONING IS A -- BODY. PLANNING AND ZONING IS A RECOMMENDING BODY. THE COUNCIL WILL ACTUALLY MAKE

[00:25:01]

THE FINAL DECISION. WE ARE DONE? MY APOLOGIES. OKAY.

SO IF YOU DID HAVE A QUESTION, THEN I WILL TAKE IT.

FOR NOT DOING THIS IS BECAUSE HE DID NOT LAND ON PUTTING IN --

>> OKAY.

>> UNDERSTOOD. DID YOU HAVE A QUESTION, THOUGH?

>> IS NOBODY HELPING WITH THIS AT ALL?

>> MA'AM -- LET ME MENTION, YOU AND I KNOW EACH OTHER VERY WELL AND I HOPE THIS WILL HELP YOU. I UNDERSTAND THE HEADING OF PLANNING AND ZONING WOULD SEEM LIKE WE PLANNED THE CITY AND THAT WE SEE THROUGH AND READ WHAT EVERYBODY IS DOING IN EVERY CONTRACT. IT IS NOT AT ALL, WHAT THIS SPORT ACTUALLY REPRESENTS. WE ARE HERE ONLY TO INTERPRET THAT AT THE BEST OF OUR ABILITY THE ORDINANCES AND CODES OF THE CITY AND PRIMARILY THE CULTURE THEREFORE LONG TIME INTERPRETED BY THE FEDERAL AND STATE AND SO FORTH.

THE ORDINANCE BASE IN MOST CASES IS TOTALLY BY CITY COUNCIL OVER THE PAST SO AND WE ARE HERE TO SEE THAT THOSE ARE CARRIED OUT PROPERLY AND APPLIED EQUALLY. SO WITH EVERYTHING YOU ARE TALKING ABOUT, WE WOULD LOVE TO HELP YOU IN SOME WAY.

IT IS AN AGREEMENT BETWEEN YOU AND THE DEVELOPER.

AND THEN ON THE FLIPSIDE OF THAT IS COUNSEL HAS MENTIONED AND THE CHAIRMAN, THE BUILDING OF THE LIFT STATION, IT HAS BEEN STAMPED BY ENGINEERS THAT TELL US WHAT TO DO SO IF THERE'S A REDUCED DISAGREEMENT WITHIN ALL OF THIS, IT WILL MORE THAN LIKELY REQUIRE LEGAL COUNSEL ON YOUR PART TO HELP INTERPRET WHETHER THAT WAS ALL LEGALLY DONE.

AS FAR AS WE CAN TELL AS CLYDE HAS REPRESENTED IT, IT IS TOTALLY LEGAL ON HOW OUR CITY WOULD VIEW IT SO THERE'S NOTHING MORE -- THERE'S NOTHING WE AS A BOARD CAN DO TO HELP YOU WITH THE OFFENSE OR THE DRAINAGE OR THE DAM ON YOUR POND.

I GET ALL THE FRUSTRATION. BUT WE ARE NOT ALLOWED THROUGH LAW BACK TO ACT IN THAT WAY. DOES THAT BETTER SENSE?

>> THEY COULD NOT DU WHAT THEY HAVE DONE --

>> THAT WOULD TAKE LEGAL COUNSEL TO INTERPRET ALL OF THAT AND THAT IS A PRIVATE MATTER. AND IT IS NOT A MATTER THAT -- YET, IT IS NOT A MATTER THAT WOULD INVOLVE THE CITY IN OTHER WORDS. IT IS NOT THAT WE ARE IGNORING YOU OR WE DON'T WANT TO HELP YOU.

WE DON'T HAVE THE ABILITY AND THE LAW TO DO WHAT YOU ARE ASKING. THE FANCY COURT'S JURISDICTION.

>> YES. >> OBVIOUSLY DON'T WANT THAT TO

-- >> OKAY.

ALL RIGHT. >> I'M NOT DOWNSTREAM.

[007 Consider and act upon a request to adopt the 2023 regular scheduled meeting dates for the Planning & Zoning Commission. (M01-2023-001) ]

>> OKAY. THANK YOU, MISS RIGHT.

LET'S GO AHEAD AND MOVE FORWARD HERE TO ITEM SEVEN.

CONSIDERED THE ACT TO ADOPT THE REGULAR SCHEDULE MEETING DAYS.

>> THANK YOU, CHAIRMAN, COMMISSION.

HOPEFULLY THIS ONE IS A LITTLE EASIER.

AS YOU GUYS KNOW, IF YOU COULD, WE ARE BRINGING YOU GUYS NEW DATES FOR OUR MEETING HEADS FOR THE FOLLOWING CALENDAR YEAR.

SO THIS AGENDA ITEM IS IN REFERENCE TO OUR PROPOSED DATES FOR THE 2023 KEVIN DURANT HERE FOR THE PLANNING AND ZONING COMMISSION. SO I WILL JUST LEAD THEM JUST IN CASE THERE'S PEOPLE WATCHING OUR PROPOSED MEETING DATE IS GENERATED 17, 2023. MARCH 21ST.

APRIL 18TH. MAY 16TH.

JUNE 20TH. JULY 18.

AUGUST 50. SEPTEMBER 19TH.

OCTOBER 17TH. NOVEMBER 21ST.

AT DECEMBER 19TH. AND AS ALWAYS, IF ANYTHING COMES UP WHERE WE NEED TO MOVE ANYTHING AROUND, WE WILL BE SURE PRODUCT -- SO THESE ARE OUR PROPOSED DATES.

AND WE ARE RECOMMENDING APPROVAL FOR OUR SUGGESTIONS.

>> 11 -- >> IT IS THINGS SKIPPING WEEK.

AGAIN, THAT IS SOMETHING -- IF THERE'S SOMETHING WE NEED TO

MOVE AROUND. >> I HAVE NOT TYPICALLY MET ON MOST THING SKIPPING WEEKS -- THANKSGIVING WEEKS.

[00:30:09]

>> I'M NOT SAYING I CAN'T. I'M JUST SAYING I'M NOT USED TO SEEING IT. THE DILEMMA THAT STAFF AND I WILL HAVE IS, YOU KNOW UNLESS WE GO AHEAD AND PREPARE THE PACKET TO BE DONE AS IF WE WERE HAVING THAT MEETING OF THE 21ST, BUT THEN, YOU KNOW COULD HAVE IT DONE SO WE ARE NOT DOING PACKET THE WEEK OF THANKSGIVING IF WE HOLD THE MEETING ON THE 28TH.

YOU KNOW. YOU KNOW? WE ARE HAVING IT EARLIER, YOU KNOW, POSES ITS OWN PROBLEMS BECAUSE ONE THING, OF COURSE, THE COUNCIL MEETING IS THE WEEK BEFORE. THAT WILL BE THE ONE MEETING THE COUNCIL WILL HAVE ON THE 14TH. BECAUSE THE USUALLY CANCEL.

IT JUST DEPENDS ON SINCE THAT IS THE TUESDAY FOLLOWING THANKSGIVING. I'M ALSO THINKING THAT I HAVE RUN INTO THAT GORGEOUS FOLKS WHO WILL GO OUT OF TOWN.

SOMETIMES YOU HAVE CORN PRO PROBLEMS.

I'M JUST NOT USED TO THAT. >> UNDERSTOOD.

>> THESE DATES ARE PROBABLY TIED TO THE SCHEDULE.

>> YEAH.

>> WE CAN TENTATIVELY APPROVE THIS.

IF WE CAN CHANGE IT, WE WILL HAVE PLENTY OF TIME TO DO THAT.

IT IS THE PLEASURE OF THE COMMISSION.

>> JUST PILE EVERYTHING ON OCTOBER, DECEMBER.

>> WE WILL MAKE A MOTION TO APPROVE.

DO WE HAVE EMOTION AND A SECOND TO APPROVE THE DATES AS PRESENTED? QUESTION OR COMMENT? ALL IN FAVOR, AYE? ANY OPPOSED?

[008 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit on Lot C.A. 7, Villages of Walnut Grove, Phase One (1), to allow for a residential subdivision sign located facing Walnut Grove Road, near the entrance of the Villages of Walnut Grove subdivision (Case No. SUP01-2023-002).]

IT IS UNANIMOUS. ITEM EIGHT.

IS TO CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR SPECIFIC USE PERMIT ON LOT C87 VILLAGES OF WALNUT GROVE, PHASE ONE, TO ALLOW FOR A RESIDENTIAL SUBDIVISION SIGN LOCATED FACING WALNUT GROVE ROAD, NEAR THE ENTRANCE OF THE VILLAGES OF WALNUT GROVE SUBDIVISION.

>> THANK YOU, CHAIRMAN. AND NEXT CASE FOR THIS EVENING IS FOR AGENDA NUMBER EIGHT. THIS IS FOR PROPOSED HOMEBUILDERS SIGN WITHIN VILLAGES OF WALNUT GROVE SUBDIVISION. AS YOU GUYS KNOW, ANY -- 80 FEET IN WIDTH IS REQUIRED FOR P&Z AT COUNSEL.

THAT IS WHY THE APPLICANTS ARE FORTHCOMING BEFORE YOU GUYS.

THE VILLAGES OF WALNUT GROVE SUBDIVISION.

THIS IS JUST THE LARGER LOCATION EXHIBIT.

RIGHT HERE IS THE PROPOSED CITED IS GOING.

THIS NEXT LOT DEPICTS THE LAYOUT.

IT WILL BE AT THE FRONT ENTRANCE OF THE SUBDIVISION RIGHT HERE, WHERE IT IS OUTLINED IN RED. YOU SEE THE INFORMATION PROVIDED BY THE APPLICANT. IT IS GOING TO BE 84 SQUARE F FEET. AND AGAIN, DUE TO THE SIGN AND -- 80 FEET IN WIDTH. SOUTH WALNUT GROVE.

80 FEET BEING 120 FEET WIDE. AND AS YOU SEE HERE, IT IS THE PROPOSED SIGN AND THIS DEPICTS A LARGER VERSION WITH THE HOME BUILDER'S INFORMATION LOCATED AT THE BODY.

THE CITY. >> OKAY.

QUESTIONS, STAFF? DOES THE APPLICANT WISH TO SAY ANYTHING? IF NOT, LET'S SEE.

ENTERTAIN A MOTION. >> SECOND.

>> CLOSE THE PUBLIC HEARING? ALL IN FAVOR, AYE.

ANY OPPOSED? IT IS OPEN FOR DISCUSSION OR ACTION. A MOTION TO APPROVE.

MOTION AND A SECOND. ALL IN FAVOR, AYE.

IT IS UNANIMOUS. ITEM -- CONSIDER AND CONNECT

[009 Consider and act upon a detailed site plan for 73.29 acres out of the William W. Rawls Survey, Abstract No. 932. The property is located just east of 2724 Old Fort Worth Road and is zoned Planned Development District No.150 (PD-150) (SP01-2023-006). ]

UPON A DETAILED PLAN FOR 72.29 ACRES OUT OF WILLIAM W. RAWLS SURVEY. THE PROPERTY IS LOCATED JUST EAST OF 2724 OLD FORT WORTH ROAD AND IS ZONED PLANNED DEVELOPMENT

DISTRICT 150. >> AND NEXT CASE IS FOR THE

[00:35:02]

AGENDA ITEM NUMBER 9 FOR CASE NUMBER SBC HER ONCE-2023-06.

THIS IS FOR HOME ZONE. THIS IS LOCATED IN PLANNED DEVELOPMENT 150 AND THIS IS FOR THE PROPOSED DEVELOPMENT TOTAL SITE BEEN JUST OVER 33 ACRES AT 72-POINT NEW ARE NOT IN THE LAND IS CURRENTLY UNDEVELOPED. IF YOU GUYS REMEMBER EARLIER THIS YEAR, A COUPLE MONTHS AGO, P&Z VOTED AND APPROVED THE PD AND FOR THE HOME ZONE DEVELOPMENT AND A PART OF THAT PD, THE APPLICANT IS REQUIRED TO BRING THE SITE PLAN BEFORE YOU GUYS. THAT IS WHY THE APPLICANT IS HERE. COUNCIL VOTED 7-0 BACK IN APRIL TO RECOMMEND APPROVAL, AGAIN COMING BEFORE P&Z TONIGHT WITH THE SITE PLAN. YOU SEE A SITE PLAN LAYOUT UP ON THE RIGHT-HAND SIDE ALONG THE LEFT AND SAID, AGAIN, PROPOSE HOME ZONE DEVELOPMENT. 740,860 SQUARE-FOOT BUILDING.

IT WILL OPERATE AS A DISSIPATION CENTER IN CORPORATE SERVICE HEADQUARTERS FOR HOME ZONE. THIS NEXT SLIDE DEPICTS THE COMPARISON CHART. IT IS ALONG THE FAR-LEFT INSIDE THE STANDARDS IN REFERENCE TO LOT AREA, LOT DEPTH, LOT WIDTH.

SETBACKS, HEIGHT, AND COVERAGE. IN THE SECOND COLUMN HERE, DEPICTS THE REQUIREMENTS OF PD 150.

THE THIRD COLUMN IS WHAT THE APPLICANT HOME ZONE IS PROPOSING AND IN THE FAR RIGHT-HAND COLUMN AS YOU SEE GOING ALL THE WAY DOWN THE APPLICANT IS CONSISTENT WITH THE PD 150.

THESE NEXT FEW SLIDES. THE LANDSCAPE PLAN THE APPLICANT IS PROVIDING LANDSCAPING THAT IS CONSISTENT WITH THE PLANNED DEVELOPMENT SPEECHES INCLUDE SEVEN OAKS, SHRIMP ROAD, CEDAR ELM SCOTT WITHIN THE DEVELOPMENT.

AND AGAIN, THE NEXT FEW SLIDES REPRESENT THE ELEVATION PL PLAN PRIMARILY CONSISTING OF CONCRETE WALL MATERIALS.

46 FEET TOP. ONE STORY AND AGAIN HERE IS THE NEXT SLIDE DEPICTING THAT AS WELL.

AND STAFF HAS RECOMMENDED APPROVAL OF THIS.

>> QUESTIONS, STAFF? DOES THE APPLICANT WISH TO SPEAK? OKAY, IF YOU WOULD IDENTIFY

YOURSELF AND WHERE YOU ARE FROM. >> 6750.

HILLCREST PLAZA. 250.

DALLAS 75. REPRESENT HOME ZONE, AND I WANTED TO LET YOU ALL KNOW I'M HAPPY TO ANSWER ANY QUESTIONS.

THIS IS IDENTICAL TO WHAT WAS APPROVED.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

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

NOPE FOR HEARING. THIS IS NOT A PUBLIC HEARING.

>> SECOND. >> MOTION AND A SECOND.

ALL IN FAVOR, AYE. ANY OPPOSED?

[Items 010 & 011]

IT IS UNANIMOUS. ITEM TEN.

CONDUCT A PUBLIC AND CONSIDER AND ACT UPON AN ORDINANCE TO REZONE LOT 3-6 AND ALLEY MAJORS, WHICH INTENSITY OF MIDLOTHIAN COMMONLY KNOWN AS 615/617 NORTH SEVENTH STREET FROM RESIDENTIAL THREE DISTRICT TO COMMERCIAL FOR COMMERCIAL USES.

THE IS GENERALLY WEST OF NORTH SEVENTH STREET AND NORTH OF WEST

AVENUE B. >> GOOD EVENING.

SO WITH THIS REQUEST, I'M GOING TO SPEAK TO IT AS A SINGLE PROJECT AS IT WERE. THERE'S A REQUEST TO CHANGE THE BASE ZONING DISTRICT FROM R3 TO THE COMMERCIAL AND THERE'S ALSO A REQUEST FOR SPECIFIC USE PERMIT FOR INDOOR STORAGE.

IF IT IS OKAY AT SOME POINT, I WOULD LIKE TO -- IF IT PLEASES THE COMMISSION, TO OPEN THE PUBLIC HEARING ALSO FOR THE SU P SO WE CAN THIS, AND HEAR BECAUSE THIS IS KIND OF ALL IN ONE PROJECT. YOU WILL NEED A SEPARATE MOTION WHEN IT ACTUALLY COMES TIME TO MAKE EIGHT VOTE FOR THE BASE ZONING AND THAT SU P EACH SEPARATELY.

WITH THAT SAID, WITH THIS SITE HERE, THIS IS THE LOCATION.

AND ORIGINAL TOWN AREA AND THE -- HE HAS OWNED THE PROPERTY FOR ABOUT 20 YEARS. AND THE BUILDING HAS BEEN THERE I BELIEVE FOR MAYBE SEVERAL DECADES PRIOR TO THAT.

AND THE ISSUE IS IT IS GENERALLY BEEN USED COMMERCIALLY DESPITE BEING ZONED AND HERE IS A SATELLITE IMAGE TODAY GET YOU A

[00:40:04]

BETTER IMAGE. I WANTED TO GET TO THIS MAP H HERE. WE HAVE THE 1974 EVIDENCE THAT THIS AREA WAS ACTUALLY ZONED. AND THIS IS THE SAME SPOT THERE.

IT WAS ALREADY ZONED COMMERCIAL 1974.

THEN IN 1989, THE CITY UPDATES ITS ZONING MAP.

AND THEN THE AREA BECOMES R3. WE DON'T KNOW EVERY PERMUTATION THROUGH THE YEARS. WE DO KNOW THAT MUCH.

AND FOR THE PAST 20 YEARS, FOR THE COMMERCIAL USES THAT HAVE BEEN THERE, THEY HAVE BEEN ISSUED C.O.S AND TREATED AS COMMERCIAL. SO THE ISSUE OF COURSE WAS, WHAT ARE WE DOING THAT WHEN IT IS ZONED R3.

YOU ARE ENTITLED FOR ILLEGAL NONCONFORMING USE.

THE RECOMMENDATION IS THAT LET'S JUST MAKE THIS COMMERCIAL.

IT WOULD MAKE SENSE. IT WAS ONCE COMMERCIAL.

IT IS A COMMERCIAL BUILDING. THIS IS INDUSTRIAL TO THE NORTH.

THIS IS COMMERCIAL RETAIL. COMMERCIAL HERE WOULD BE A SENSIBLE POSITION AREA DISTRICT. WE HAVE ALSO GOT COMMERCIAL OVER HERE AS WELL FOR THE MOST PART. SO WHEN IT COMES TO THE ZONING, THAT IS WHY STAFF RECOMMENDS APPROVAL FOR THE BASE ZONING OF COMMERCIAL. WE HAVE TREATED THIS -- IT THIS WAY, PEOPLE HAVE UNDERSTOOD IT THIS WAY.

IT WAS ONCE ZONED THAT WAY. I CAN TELL YOU IF IN 1989, IT WAS A MISTAKE THAT WAS SOLD WAS DENTAL OR NOT.

I DON'T AND PARTIALLY HAVE THAT INFORMATION.

BUT WE DO KNOW THAT MUCH. THE SITE AS IT IS TODAY IT SEEMS TO BE IN GOOD SHAPE. AND AGAIN, SECOND REQUEST IS TO ALLOW FOR AN HVAC COMPANY TO DO INDOOR STORAGE ONLY, NO OUTDOOR STORAGE, SO THAT AND COMMERCIAL THOUGH, REQUIRES A SPECIFIC USE PERMIT. THERE'S ADEQUATE MORE THAN SUFFICIENT PARKING STAFF DOES NOT HAVE ANY CONCERNS AGAIN.

THEY WOULD JUST BE STORING ALL OF THEIR STUFF, THEIR EQUIPMENT AND SUCH INDOORS. AND AGAIN, THEY HAVE ADEQUATE PARKING. SO I BELIEVE MR. FITZ IS HERE.

THERE IS MR. FITZ. THAT IS THE APPLICANT.

SO IF YOU HAVE ANY QUESTIONS, WE DID HAVE THE -- WE DID RECEIVE A LETTER OF OPPOSITION FOR THE BASE ZONING.

AS I UNDERSTOOD, AND I APOL APOLOGIZE, I DON'T KNOW EXECUTIVE PROCEDURES HERE ON THIS.

I DON'T. I DON'T KNOW.

I APOLOGIZE, MR. CHAIRMAN IF I'M STEPPING ON YOUR TOES HERE TO SPEAK TO IT. I WOULD JUST QUICKLY SAY WE HAD AT LEAST ONE LETTER OF OPPOSITION FOR THE BASE ZONING SAME PEOPLE THAT ARE OPPOSITION FOR THE S.U.P.

I DON'T KNOW IF YOU'RE GOING TO READ IT FOR THE RECORD.

IN THEIR OWN WORDS MAYBE IS THE BEST TO HEAR HOW THEY EXPRESS THEIR CONCERNS AND I DON'T KNOW IF THOSE SAME PEOPLE ARE HERE TONIGHT OR IF WE'D RECEIVED AN ADDITIONAL REQUESTS TO SPEAK.

AS FAR AS I KNOW, THE ONE LETTER OPPOSED TO THE BASE, WHEN THAT ARE OPPOSED FOR THE SEP AND OF COURSE, MR. FITZ HAS SENT A LETTER IN SUPPORT, WHO IS ALSO THE APPLICANT.

I WILL BE HAPPY TO TAKE ANY QUESTIONS.

>> QUESTIONS OF STAFF? OKAY.

DOES THE APPLICANT PRESENT WISH TO SPEAK? OKAY. WE DO HAVE SOME PEOPLE SIGNED UP. WAYNE AND BILLY MANKINS, ARE YOU PRESENT? DO YOU WANT TO SPEAK, SIR? WOULD YOU LIKE TO IDENTIFY YOURSELF?

AND WHERE YOU ARE FROM. >> I LIVE ON SIX -- NORTH SEVENTH STREET. WE LIVED THERE FOR ABOUT 30 YEARS. AND ONE THING WE HAD TO TOLERATE WITH DIFFERENT COMPANIES COMING IN CHANGING THINGS AROUND, AND TALKING ABOUT REZONING. MY CONCERN IS OF TAXES AND STUFF LIKE THIS CHANGING RULES AND REGULATIONS IN THE AREA THAT I LIVE IN. SO I WOULD LIKE TO HAVE AN

ANSWER FOR THAT. >> OKAY.

STAFF? YOU ALREADY HAD A CONVERSATION?

>> NO, SIR. >> MR. LINCOLN DID YOU HAVE ANY

SPECIFIC QUESTION? >> BASICALLY MY CONCERN --

>> WE ARE ASKING ABOUT ZONING, DID YOU HAVE A QUESTION?

>> JUST BASICALLY LIVING WITHIN FEET OF THE ZONING THAT YOU ARE SPEAKING OF. WHAT EFFECT WOULD THAT HAVE?

[00:45:10]

>> SO FOR CLARIFICATION AND I APOLOGIZE.

I DON'T THINK I HAVE A MAP. BUT THIS PROPERTY HERE IS THE ONLY PROPERTY THAT WOULD BE UNDERGOING THE COMMERCIAL ZONE.

SO IF YOU ARE SOMEWHERE OVER HERE, YOUR ZONING IS NOT CHANGING. NEED THE ZONING OF THE PROPERTY OF REQUEST. RIGHT HERE.

>> YOU KNOW, YOU ARE ON THAT MAP? MAYBE WE CAN POINT IT OUT FOR YOU.

>> THE THIRD SPOT. A LITTLE FURTHER.

A LITTLE BIT LOWER. ONE MORE.

RIGHT THERE. >> OKAY.

>> THIS IS MY CONCERN. >> TO SEE THAT COMMERCIAL CURRENTLY? AM I READING THAT RIGHT?

>> ALSO THE LOT NEXT DOOR. >> OKAY.

SO THAT ANSWER YOUR QUESTION? ONLY THAT WILL BE AFFECTED? YOU WILL NOT BE AFFECTED BY THAT?

>> YES. >> ANY OTHER QUESTION?

>> NO, SIR. >> ALL RIGHT.

THANK YOU, SIR.

OSCAR AND DANIEL FIELD? ARE THEY PEASANT? IF NOT THE THEY ARE IN OPPOSITION.

FOR THOSE OF US THAT DON'T KNOW --

>> 305 WEST AVENUE C. I'M A NEIGHBOR.

AND EVEN THOUGH THAT MAP HAS COMMERCIAL IN RED, EVERY SINGLE ONE OF THOSE HOMES ARE FAMILY RESIDENTIAL.

THOSE ARE FAMILIES THAT ARE LIVING THERE.

I DON'T KNOW AT WHAT POINT IN TIME THOSE WERE ZONED COMMERCIAL. BUT I SENT A NOTE.

I DON'T KNOW THAT YOU GUYS RECEIVED.

I'M NOT HERE IN SUPPORT OR OPPOSITION.

I WANTED TO HEAR THE COMMENTS. I HAVE CONCERN OVER FOUR YEARS OF PLANNING. DOWNTOWN MIXED-USE BUSINESS CLAIM. WE HAVE A BEAUTIFUL PICTURE OUTSIDE OF THE LOBBY OF A MILLION-DOLLAR FACILITY THAT YOU ARE GOING TO BE BUILDING LESS THAN A QUARTER OF A MILE FROM WHAT IS LIGHT INDUSTRIAL AND NOW COMMERCIAL PICNICKING HERE THINKING THIS WAS ENDORSED SELF STORAGE LIKE PRESIDENTIAL FAMILY UNITS. PEOPLE WERE GOING TO BE DROPPING AND DROPPING OFF OLD COUCHES AND I'M UNDERSTANDING IT IS HVAC.

SO THAT WAS NOT CLEAR TO ME. I'M THE NEIGHBOR.

AND I HAVE SPENT THE LAST 20 YEARS, PICKING UP MONSTER ENERGY DRINK, CHOCOLATE MILKSHAKES, ALL KINDS OF TRASH AND DEBRIS THAT IS CLUTTERED ARE DITCHES AND OUT LOCAL NEIGHBORHOODS FROM PREVIOUS YEARS. AN OUTLET FOR WORKOUT FACILITY THERE. BAGS AND BAGS OF TRASH PICKED UP. I'M CURIOUS IN THAT GENERAL PARKING AREA AT WHAT RELATION YOU'RE TO HAVE FOR ANYTHING THAT IS OUTDOOR AT ALL. IS THERE ANY EQUIPMENT? IS THERE UNLOADING OR OFFLOADING? IIS THE GOING TO BE SHRUBBERY REQUIREMENTS? YOU ARE HAVING OUT PRIMOS AND THE BIGGER PICTURE JUST DOWN THE STREET, STAKEOUT -- STEAKHOUSE. HOW DOES THIS FIT IN THE BIGGER PICTURE OF THAT RESEARCH AND MANY YEARS.

WE CAME INTO THIS ROOM RIGHT HERE AS A COMMUNITY INVITED TO LOOK AT BEAUTIFUL PLATS AND PLANS OF SKETCHES AND ARCHITECTURE. THAT WAS NOT, LOOK, IT SHOWED LITERALLY RIGHT BELOW THE SEA THERE, BEAUTIFUL TWO-STORY LIVING WITH RETAIL BOUTIQUES ON THE BOTTOM AND RESIDENTIAL ABOVE IT. THAT IS WHAT WAS PRESENTED IN THIS ROOM FOR WHAT THE DOWNTOWN BUSINESS PLAN WOULD LOOK LIKE.

SO I'M JUST PROVIDING THOUGHTFUL CONVERSATION TO MAKE SURE THAT THIS IS CONSISTENT WITH THE VISION AND THAT WE ARE NOT JUST MAKING A DECISION BECAUSE WE HAVE AN EMPTY BUILDING AND WE HAVE SOMEONE THAT CAN GENERATE REVENUE CONSISTENT WITH THE CITY'S PLAN THAT THERE'S GOING TO BE ACCOUNTABILITY FOR HOW PLANNING AND ZONING HAS CONSTANTLY -- CONSISTENTLY SET A STANDARD FOR ACCESS SHRUBBERY AND I WOULD HAVE THE SAME HIGH EXPECTATIONS. THANK YOU FOR YOUR SERVICE.

>> OKAY. THANK YOU.

JACKIE MCDONALD? IF YOU WOULD, STATE YOUR NAME AT WHERE YOU ARE FROM.

>> JESSIE MCDONOUGH. HERE IN MIDLOTHIAN.

[00:50:03]

MISS WALTON SAID A LOT OF WHAT I'M GOING TO SAY ELOQUENTLY.

A COUPLE OF THE CONSENTS THAT THE NAPKINS NOTED WAS THE TRAFFIC AND WHAT IS GOING TO HAPPEN.

I DID SEE THE NOTICE THAT WAS SENT TO THE PROPERTY OWNERS THAT ARE WITHIN 204 IT WAS A VERY VAGUE.

SAID, IT DID NOT IDENTIFY WHAT THIS PROPERTY WAS GOING TO BE USED FOR OTHER THAN THE SAFE STORAGE.

MY CONCERNS WERE WHAT DOES THAT MEAN? IS THERE 24-HOUR ACCESS? AS SHE NOTED, ALL OF THESE AREAS IN RED, THESE ARE HOMES. THESE ARE FAMILIES.

WE HAVE GOT HVAC COMPONENTS BEING STORED.

DOES THAT INCLUDE DOES THAT INCLUDE ANY HAZARDOUS MATERIAL? WHAT DOES THAT LOOK LIKE? I KNOW A LOT OF CRIMINALS LEFT TO GO AND A STEAL HVACS. SO PUTTING IN HARM'S WAY TO OUR RESIDENT QUICK BY USING THAT AND TO THE OTHER POINT THAT WAS WHAT MADE ABOUT THE FAÇADE. THE BUILDING IS NOT A BEAUTIFUL BUILDING. AND AS SHE SAID, WE HAVE SPENT COUNTLESS HOURS, MEETINGS. I HAVE BEEN MANY OF THOSE MEETINGS. WE HAVE SEEN THAT RENDERINGS.

WE ARE NOT DOING ANYTHING TO IMPROVE THAT AREA.

TECHNICALLY, THIS IS ONE BLOCK OUTSIDE THE DOWNTOWN BUSINESS PLAN. IS THAT TRUE? BUT WE ARE EVERY SINGLE MONTH, WE ARE APPROVING NEW USES.

SO WHERE IT SAYS CR IS RETAILED. THAT IS MISS WALTON.

>> YOU'RE. I CURRENTLY HAVE IT LISTED FOR SALE. WE WOULD LOVE TO SEE A BEAUTIFUL USE FOR THAT PROPERTY. BUT IF YOU'RE GOING TO PUT A WAREHOUSE IN THE MIDDLE OF ALL OF THESE RESIDENCES, THAT IS NOT IMPROVING OUR COMMUNITY. I CAME IN HERE NOT BEING PRO OR AGAINST. BUT LISTENING TO THE CITY'S PROPOSAL AND WHAT EXTENT HAS SUGGESTED HAVE TO DO BE AGAINST IT. I'M VOICING IN OPPOSITION.

THANK YOU. >> THANK YOU.

I DON'T HAVE ANY MORE. THERE WAS A GHOST HAVE WE MISSED ANYBODY? YES, SIR? DID YOU FILL OUT A FORM FOR US, SIR?

OKAY. >> 213.

THE STORAGE THAT THEY PROPOSED IS ALL COMMERCIAL AIR CONDITIONING UNITS. THEY DON'T GIVE OUT TO MICH MICHAEL'S. THERE WILL BE A WHOLE LOT LESS TRAFFIC THERE THAN THERE WAS WHEN THAT WORKOUT FACILITY WAS THERE. JUST LIKE EVERYBODY, THEY HAVE ACCESS 24/7. THIS BUSINESS WOULD HAVE THE SAME THING, YOU KNOW? VERY FEW BUSINESSES OPERATE LIKE THAT. THANK YOU.

>> THINK YOU, SIR. ANYBODY ELSE? DID I MISS ANYBODY? OKAY.

IF NOT, I WOULD ENTERTAIN A MOTION TO CLOSE THE HEARING.

>> DID WE OPEN ALSO THE PUBLIC HEARING? I DON'T REMEMBER. OKAY.

>> OKAY. ENTERTAIN A MOTION TO CLOSE THE

PUBLIC HEARING? >> I WILL MAKE A MOTION.

>> SECOND. >> ALL IN FAVOR, AYE.

OPPOSED? IT.

>> I HAVE A QUESTION FOR STAFF. IS THERE ANYWAY TO GET THIS ON

GOOGLE? >> I GUESS I WANTED TO SIT AND LISTEN AND I GUESS MY MAJOR CONCERN IS RESIDENT WE JUST SLEPT A COMMERCIAL ZONING ON THIS, THAT WE ARE TAKING LONG-TERM EFFECT. IT IS NOT A MATTRESS FACTORY

ANYMORE. >> THAT IS CORRECT.

>> KNOWN THE LONG-TERM IMPACT AND KNOWN THE REASON I WANTED TO LOOK AT IT ON GOOGLE IF HE COULD IS SO THAT WE SEE THAT THIS LITERALLY KIND OF A DEAD END IN A WAY.

AND I'M PRETTY SURE IT IS. SITTING DOWN IN THAT BOTTOM.

AND IT IS TOTALLY SURROUNDED BY HUMBLES ON ALL SIDES EXCEPT TO THE NORTH AS YOU MENTIONED. IS THERE A WAY TO DOES HOWEVER WE DO REZONE VISTA THAT SET THIS IN A FASHION TO WORK -- I DON'T KNOW THAT I PARTICULAR HAVE THAT BIG OF A PROBLEM WITH THAT DRY STORAGE AND I KNOW THAT THE FOLKS WHO SPOKE TO THAT THEY WONDER AFTER THEY HAVE SEEN THREE OR FOUR THINGS THERE, SO AFTER WE REZONE THIS WITH THIS COMMERCIAL HEADING, THEY KNOW

[00:55:03]

THAT THEY FELT SOMEWHAT PROTECTED AND PROBABLY DID NOT EVEN KNOW WHY. BECAUSE THE ACTUAL, COMMERCIAL APPLICATIONS THAT COULD HAVE MOVED IN THERE, SOME OF THOSE WERE PROBABLY HESITANT BUT -- BECAUSE MAYBE THEY KNEW THE WAY WAS ZONED AND IT WOULD NOT WORK. SO MY CONCERN AND QUESTION TO YOU IS THERE A WAY TO WORK THIS IS WE DO CHOOSE TO SO IT COMMERCIAL OR IS THERE NOT A BETTER HEADING? IS THE COMMERCIAL GOING TO BE LIGHT INDUSTRIAL? OR IS THAT WE TOOK COMMERCIAL? WHAT IS YOUR COMMERCIAL HEADING THAT YOU ARE ASKING FOR? OR IS THAT WHAT YOU ARE SEEKING

FROM US IN THE CONVERSATION? >> WELL, THERE REQUEST FOR THE ZONING DISTRICT THIS YEAR, STANDARD COMMERCIAL ZONING DISTRICT. SO ALL THE USES THAT WILL BE ALLOWED BY WRITING COMMERCIAL WOULD BE THE SAME USE IS ASSUMING THEY HAVE ADEQUATE PARKING.

YOU KNOW? FROM WHAT I UNDERSTAND HISTORICALLY, DIFFERENT USERS HAVE COME AND GONE AND THE C.O.S SHOWED IT AS COMMERCIAL, I BELIEVE.

SO THIS WAS, AGAIN, PART OF AN EFFORT TO ALIGN THE ZONING WITH I GUESS HISTORICALLY BEEN THE CASE OF WHAT HAS OPERATED THERE.

AS FAR AS, I GUESS, A HEADING, I MEAN, IT SOUNDS LIKE MAYBE YOU MIGHT BE -- I DON'T WANT TO PUT WORDS IN THEIR MOUTH.

ARE YOU SUGGESTING MAYBE THE IDEA OF SHOULD THIS BE SOMETHING OTHER THAN JUST COMMERCIAL ZONING?

>> I KNOW THAT COMMERCIAL IS A BIG WORD TO ME AS I BELIEVE IT IS THE ZONING FOLKS. I THINK THEY WANT SOME GUIDANCE AND SOME UNDERSTANDING OF THE DEPTHS OF WHICH COMMERCIAL CAN TRAVEL. ARE WE TALKING COMMERCIAL AS IN THE CAN PUT IN -- I KNOW THE ANSWERS TO A LOT OF THESE.

BUT THEY DON'T KNOW ALL OF THE ANSWERS.

SOME RETAIL SMALL VEHICLE INSTALLATION GOING ON THERE.

THEY DON'T KNOW. I THINK THAT IF THEY HAD SOME CONFIRMATION THAT THIS WAS GOING TO BE MORE PRONE IN THE FASHION OF RETAIL SIDE OF PROFESSIONAL USES SUCH AS MAYBE A GYM FACILITY THAT WAS THERE. THEY ARE ALSO MAYBE ASKING THAT DURING THE ZONING CHANGE PROCESS, IS THERE A WAY TO AS WE DO WITH SOME OTHER ZONING CHANGES -- CHOICES IMPOSE SOME BEAUTIFICATION IMPROVEMENTS? I KIND OF GOT A LITTLE BIT OF THAT. SO I DON'T REALLY -- I FEEL LIKE WE ARE GETTING THIS BECAUSE THEY DON'T REALLY KNOW WHAT IS FIXING TO HAPPEN. AND I THINK I KNOW ENOUGH ABOUT THE PTHE PROPERTY. AND I'M A LITTLE LEERY WHEN WE TAKE THE OTHER HALF AND JUST SAY THAT IS COMMERCIAL.

DO WE NEED TO BE CAREFUL OF WHAT A COMMERCIAL IS GOING TO BE? I DON'T HAVE A HUGE PROBLEM WITH THE STORAGE.

BUT ALSO BECAUSE IT IS A DEAD END, IF YOU HAD SOME OTHER TYPE OF COMMERCIAL DEBT IS HIGH-TRAFFIC, THEN THAT TREATS A LOT OF TRAFFIC GOING INTO THE DEAD END AND COMING IN AND OUT.

WE HAVE IN THE HOUR RESTRICTIONS WE ARE GOING TO PUT ON THAT SINCE IT IS ENCAPSULATED BY RESIDENTIAL AND THAT THERE ARE GOING TO BE VEHICLES DOING DEAD ENDS? I DON'T KNOW THE ANSWER TO ALL OF THIS.

LIKE I SAID, PARTIAL ANSWER, IT WOULD BE AT LEAST SO FAR AS THE S.U.P. GHOST FOR THE INDOOR STORAGE REQUEST, NO.

THAT WOULD BE AN OPPORTUNITY TO APPLY SOME CONDITIONS SUCH AS MAYBE HOURS. BUT IT SOUNDS LIKE WHAT I THINK I'M HEARING IS MAYBE JUST MORE OF A BROADER GENERAL CONCERN OF

ANY USER THAT MAY -- >> I CAN'T SPEAK TO THAT.

HERE IS WHAT I WILL SAY. I'M CONCERNED TO THROW THIS OUT THERE AS COMMERCIAL KNOWING THAT THIS GENTLEMAN HAD THIS PROPERTY FOR TREATMENTS AS AN S.U.P. AND HE DECIDES HE IS LEAVING AND THEN IT IS TIME FOR A NEW S.U.P. SO WHAT ARE THE LIMITATIONS OF THE S.U.P. CROSSES? AS IT COULD APPLY AND I THINK THAT IS THEIR CONCERNS AND MY QUESTION IS, I BELIEVE THAT IS THEIR CONCERN. WHAT CAN WE DO AS A CITY TO ENSURE THAT S.U.P. PROCESS OF APPLICATIONS IN THE FUTURE ALSO FOR OCCUPANCY PERMITS COULD POSSIBLY MEET WITH STATE FEEL COMFORTABLE WITH. I THINK THAT IS WHAT THEY ARE

LOOKING FOR? >> WITH THE S.U.P. KIT THAT WILL BE SPECIFIC TO THE INDOOR STORAGE.

TO YOUR POINT ABOUT AN END TO THEIR CONCERNS THAT WE ARE HEARING, FOR FUTURE USERS IT MAY COME IN.

THAT S.U.P. MAY NOT APPLY. SO THAT IS WHY I WAS SAYING IT

[01:00:05]

SOUNDS LIKE MAYBE THE BASE ZONING IS POSSIBLY MORE OF A CONCERN BECAUSE THERE WOULD BE USES PERMITTED BY RIGHT.

THAT IF THEY, AGAIN, HAVE THE ADEQUATE PARKING, THAT WOULD BE

ALLOWED. >> SO I KNOW, IN MOST CASES THAT I HAVE LOOKED TO ZONING CHANGES ESPECIALLY IN THIS DEPTH.

I KNOW A LOT OF TIMES WE WILL LOOK AT A POTENTIAL USAGE LIST.

AND I HAVE NOT SEEN THAT. I KNOW THAT IS NOT IN ALL CASES.

BUT I'M A LITTLE -- I DON'T FEEL COMFORTABLE WITH THIS.

I'M GOING TO LET THE REST -- NOT THAT USAGE.

THIS GENTLEMAN WANTS TO. I'M A LITTLE LEERY OF JUST SAYING, THAT IS COMMERCIAL. THEY WILL JUST APPLY FOR AN S.U.P. WE HAVE LOOKED AT OTHER REZONING CASES AND LOOK AT LISTS AND S SAID, WE ARE NOT GOING TO ALLOW THAT. AND I DON'T SEE THAT WE HAVE

DONE THAT IN THIS CASE. >> RIGHT.

I GUESS IN MY MIND THAT IS BECAUSE WE ARE NOT DOING APD.

IN MY EXPERIENCE, APD WOULD HAVE THAT LIST OF USES LOOK AT WEEK MIGHT GO, IF YOU DON'T NEED ALL THOSE.

LET'S TAKE SOME OF THOSE OFF. BOX.

>> I DON'T AND A LOT OF REZONING CASES, A LOT OF TIMES WHEN WE DO REZONE, WE DO -- WE NECESSARILY CAN'T FORCE ANYTHING.

BUT WE DEFINITELY STRONGLY SUGGEST AND IT USUALLY ENDS UP

IN APD. >> OKAY.

>> SO I'M I KNOW WITH LIKE PDAS IN THIS CITY FOR EXACTLY WHAT I'M SPEAKING TO. IT KIND OF FITS EVERYONE A LITTLE BETTER. I WILL LET REST OF THE

COMMISSIONERS TALK. >> ANY FURTHER DISCUSSION? QUESTIONS? OKAY, SO MY UNDERSTANDING, EXCUSE ME, YOU NEED TWO SEPARATE MOTIONS.

IS THAT CORRECT? >> YES, SIR.

CORRECT. >> WE WILL NEED TO DO THE BASE ZONING FIRST. IF YOU DON'T APPROVE -- WELL, I GUESS YOU PROBABLY -- YEAH, WE WILL NEED TO DO RECOMMENDATION ON BOTH. THE CITY COUNCIL WOULD NEED TO ACT ON ONE OR THE OTHER. CITY COUNCIL, THEY MAY END UP ACTING IF THEY CAN PROVE AND 33RD STREET ZONING OR DISAPPROVE THE S.U.P. IF THEY DISAPPROVE THE CHANGE, THEY CAN'T APPROVE THE S.U.P. BECAUSE IT IS REQUIRED.

BUT WE NEED RECOMMENDATION ON BOTH.

SEPARATE MOTIONS. SEPARATE MOTIONS.

>> YOU NEED THE ZONING FIRST. >> OKAY.

>> WHAT IS THE -- >> NO, SIR.

>> I WILL MAKE A MOTION TO DENIED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO DENY. OKAY.

ALL IN FAVOR, AYE. OPPOSED? OKAY. 6-1.

IT IS DENIED. >> MOTION FOR THE S.U.P.

>> WE NEED TO VOTE ON IT AND, YOU KNOW, THIS IS A TRICKY ONE.

APPROVE STREET ZONING THE QUESTION IS, WHAT WOULD YOU DO WITH RESPECT TO THE S.U.P. WITH THE INDOOR STORAGE?

>> IT STILL NEEDS SUPER MAJORITY, RIGHT?

>> DOES NOT HAVE THE THREE FOURTHS REQUIREMENT.

>> SO LET'S THINK ABOUT WHAT WE WANT TO DO.

>> GO AHEAD. >> WE HAVE ALREADY CLOSED --

>> WHAT WOULD YOU WANT TO DO? >> MY ONLY COMMENT IS I DON'T HAVE A PROBLEM WITH THE S.U.P. MY PROBLEM IS WITH THE ZONING.

THERE IS A LACK OF DEPTH. SO I CANNOT VOTE ON AN S.U.P.

THEREFORE, IT IS NOT INCLUDED IN THE DEFINITION LIST EVEN IF IT FITS THE DEFINITION LIST. OKAY.

>> I GUESS PROBABLY THE WAY THE MOTION COULD BE WOULD BE IF

[01:05:06]

COUNSEL APPROVED THE CHANGE IN ZONING, YOU WOULD RECOMMEND OR YOU WOULD DENY APPROVAL RECOMMEND DENIAL OF THE S.U.P.

I THINK THAT IS THE BEST WAY TO DO IT.

IF THAT COUNCIL RECOMMENDS APPROVES -- BECAUSE IF THEY DON'T APPROVE, THIS IS A TRICKY ONE.

IF THEY DON'T APPROVE IT, THE SECOND ONE WILL MOVE ANYWAY.

SO REALLY, LET'S DO THE MOTION IF THE COUNCIL APPROVES THE ZONING CHANGE. THEN I WOULD RECOMMEND APPROVAL, AND I'LL OF THE S.U.P. DOES THAT MAKE SENSE?

>> YOU WANT TO MAKE THAT MOTION?

>> ALL RIGHT. I WILL MAKE THAT MOTION THEN.

IS THERE A SECOND? >> SECOND.

>> APPROVE OR DENY? >> I SUGGEST WE DO ONE OR THE

OTHER. >> DENIED.

>> OKAY. >> SECOND.

>> WE DO HAVE A SECOND? ANY FURTHER DISCUSSION.

ALL IN FAVOR, AYE. OPPOSED? 6-1. WE MOVE NOW TO ITEM 11, CONDUCT A PUBLIC HEARING GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR

INDOOR STORAGE. >> THAT IS WHAT WE JUST DID.

[012 Conduct a public hearing and consider and act upon an ordinance amending ±3.048 acres from Agricultural (A) to Single Family One (1) and a one (1) acre portion Single Family two (SF-2). The land is situated on Lot 3 of Duvall Place. The property is generally located at 3831 Plainview Road. (Z02-2023-04) ]

>> OKAY. HEARING CLOSED.

>> OKAY. WE WILL MOVE TO 12.

HEARING AND CONSIDER AN ACT UPON AN ORDINANCE AMENDING 3.0 48 ACRES FROM AGRICULTURE TO SINGLE FAMILY ONE AND A 1 ACRE PORTION SINGLE FAMILY TWO THE LAND IS SITUATED ON LOT THREE OF THE DUVALL PLACE. THE PROPERTY IS GENERALLY

LOCATED AT 3831 PLAINVIEW ROAD. >> OKAY.

SO WITH THIS REQUEST, WE HAVE GOT 3-ACRE TRACT OF LAND.

AND THE APPLICANT IS LOOKING TO SUBDIVIDE IT INTO 1 ACRE AND 2-ACRE PART BEING SF ONE NSF TWO.

THIS AREA HISTORICALLY WAS ANNEXED AROUND 2017 INTO THE CITY. AND KIND HAVE GOT A BIT OF A MIXED QUALITY TO AREA. HERE ARE SOME DUPLEXES.

JUST AS I KNOW BECAUSE AGAIN, THIS GETS DEVELOPED PRIOR TO COMING INTO THE CITY. AND I KNOW THE THING I SHOULD NOTE WHILE STAFF SUPPORT THAT ZONING CHANGE REQUEST, THEY DID ASK FOR ACCESS HERE OFF OF LIMESTONE FOR THE PROPERTY.

SOUTH FOR OUR ORDINANCE, I KNOW THAT SUBDIVISION ORDINANCE.

WE -- AS I UNDERSTAND THE PROCESS, WE GENERALLY DO NOT WANT TO ENCOURAGE SINGLE ACCESS ONTO OUR MATERIAL ROADS.

AND SO STAFF HAS KIND OF PRE-DENIED THIS REQUEST FOR ACCESS. THAT WAY, THE APPLICANT CAN APPEAL OUR DENIAL NOW TONIGHT SO SHOULD YOU APPROVE THE ZONING.

YOU CAN ALSO CONSIDER THE REQUEST FOR THE ACCESS.

PART OF THE REASON ALSO IS THE NEIGHBOR TO THE NORTH AND 2016 CAME BEFORE COUNCIL BACK WHEN THIS WOULD GO TO THE COUNCIL FOR APPROVAL AND THEY DENIED THE NORTHERN NEIGHBOR'S REQUEST FOR ACCESS TO LIMESTONE. AND IN THAT REPORT AND I DON'T KNOW WHAT CAME OF IT BUT IN THAT REPORT, THE STAFF HAD SUGGESTED THE JOINT ACCESS IS SORT OF A COMPROMISE SOLUTION WHERE THESE TWO NEIGHBORS COULD SHARE JOINT ACCESS ON LIFE DON'T BECAUSE IF YOU GO BACK UP, SOME OF THESE OTHER LOTS, IT WILL, IF YOU DO HAVE SINGLE LOT ACCESS LIKE THE DUPLEX.

YOU ARE SERVING MORE THAN ONE HOME WITH THAT ACCESS APPOINTMENT WHERE HERE ON THE WEST SIDE OF LIFE STONE, TWO HOMES WITH ONE ACCESS POINT. SO AGAIN, THE PLOT IS CURRENTLY ZONED AGRICULTURAL BUT IT IS 3 ACRES.

THEY WOULD NORMALLY REQUIRE FOUR.

THIS AREA WAS ANNEXED IN. SO IF THIS BECOMES THE SF ONE LOT THAT THEY HAVE TWO NATURES. THAT MEANS THAT YOU TAKE A MINIMUM STANDARD. THAT LEAVES 1 ACRE OVER HERE.

THAT WOULD BE AN SF TWO LOT. THAT WOULD MEET THE MINIMUM STANDARD. AND AS A REFERENCE BOTH THE

[01:10:02]

ZONING. THIS IS THEIR PROPERTY HERE AS YOU CAN SEE SOME AREAS ARE STILL -- OTHERS ARE SF ONE.

AND SOME OF THESE LOTS ARE NOT EVEN 1 ACRE BECAUSE AGAIN, THIS AREA WAS ANNEXED IN AND THEY HELP TO GET SOME KIND OF ZONING WHEN IT WAS BROUGHT IN. IT IS KIND OF A KEY AREA.

THIS IS A VIEW OF LIMESTONE AND THERE IS QUITE A BIT OF GRAY.

I FORGOT TO MENTION, LET ME BACK UP.

APOLOGIES. THERE IS A PIPELINE EASEMENT THAT HE ALSO HAS TO ATTEND WITH THAT WANTS TO PROPERTY.

YOU CAN APPROACH AT A 45-DEGREE ANGLE.

THEY COULD COME STRAIGHT IN WHETHER IT IS A JOINT ACCESS UP HERE OR WHEREVER. THEN TO GIVE YOU A SENSE OF OF HISTORY, THERE WAS CASE WHERE THE NEIGHBOR WAS DENIED ACCESS.

THAT IS THE GREEN DOT. HE WAS DENIED.

THESE OTHER AREAS CAME IN ONE -- PRIOR TO ANNEXATION.

I BELIEVE HE WAS ALSO PART OF AN.

ANNEXATION WAS 2017. SO THESE TWO GREEN DOTS REPRESENT RECRUIT TWO HOMES OR PORTRAIT GIVEN ACCESS AND THESE PURPLE DOTS REPRESENT WHERE ONE HOME WAS GIVEN SINGLE LOT ACCESS. MY UNDERSTANDING FROM THE HIT STREAK IS A LOT OF THIS HAS TO DO WITH THE ANNEXATION PROCESS IN 2008 THOROUGHFARE PLAN ALIGNMENT.

SO THE APPLICANT IS ALSO HERE TONIGHT AND HAS A PRESENTATION.

I WILL LET HIM GO INTO A LITTLE MORE DETAIL OF WHY HE WANTS T THIS. AGAIN, STAFF SUPPORTS THE ZONING FOR THE SF ONE AND SF TWO. HE WOULD OF COURSE NEED TO DO A PLAT AFTER THE ZONING SO WE HAVE TO HAVE A ZONING IN PLACE SO HE, PLAT AGAIN, STAFF DOES NOT SUPPORT HIS REQUEST FOR THAT SINGLE LOT ACCESS. IF YOU ALL AGREED TO GIVE ACCESS, THAT IS FINE. IF YOU WANT ANOTHER OPTION, I WOULD RECOMMEND THAN THAT. STAFF'S 2016 SUGGESTION ABOUT THE TWO NEIGHBORS SHARING JOINT ACCESS.

SO AT LEAST THAT WAY TWO LOTS ARE SERVED BY THE ONE POINT OF ACCESS. AND AGAIN, THE CONCERN IS IT IS A MINOR ARTERIAL ROAD. AND I BELIEVE IT IS 35 MILES PER HOUR NOW. AND IT IS NOT A STANDARD PRACTICE AND FOR STAFF SINCE COUNCIL VOTED ON THE NEIGHBOR TO THE NORTH, WE DON'T EXACTLY WANT TO GO AND RECOMMEND APPROVAL OF SOMETHING THAT COUNCIL PREVIOUSLY DENIED WHEN WE DON'T HAVE THE DISCRETIONARY AUTHORITY AS COUNSEL -- SO THAT WOULD BE THE SUMMARY OF THAT.

THE APPLICANT IS HERE AND HE HAS A PRESENTATION.

I'M HAPPY TO TAKE ANY QUESTIONS NOW.

>> DOES HE HAVE ACCESS TO PLAINVIEW?

>> YES. YES, SIR.

SO YEAH. THERE IS A DRIVE RIGHT HERE.

THEY HAVE ACCESS THERE NOW. THEY COULD PUT A DRIVE DOWN HERE. WE UNDERSTAND THAT WOULD BE A LONGER DRIVEWAY. I BELIEVE THERE IS A GRAVELED OPTION WHEN YOU ARE A CERTAIN DISTANCE.

>> OTHER QUESTIONS? STAFF? OKAY. ANYONE WISHES TO SPEAK? SIR, IF YOU WOULD COME UP AND STATE YOUR NAME AND ADDRESS, GO

AHEAD. >> MY NAME IS JOHN PARISH.

I LIVE ON LANE VIEW ROAD. MY FATHER-IN-LAW IS WORKING WITH ME. THE FUNCTION OF THIS WILL LEAD TO SPLIT OFF THE BACK ACRES SO THAT MY IN-LAWS CAN BUILD A

HOUSE THERE. >> HELLO.

>> STATE YOUR NAME AND ADDRESS. >> I LIVE IN PLAINVIEW WITH MY SON-IN-LAW AND DAUGHTER. WE JUST MOVED UP FROM SPRING, TEXAS. WE HAVE MADE MIDLOTHIAN OUR HOME. WE ARE LOOKING FORWARD TO RETIRE. OUR PLAN IS TO LIVE RIGHT NEXT DOOR TO MY DAUGHTER AND SON-IN-LAW TO HELP THEM WITH THEIR THREE SONS AND BE PART OF THEIR LIVES.

WE JUST FELT THIS WAS A VERY CONVENIENT WAY TO HAVE HER FAMILY TOGETHER. AND SO LET'S SEE.

[01:15:03]

I THINK I KNOW HOW TO USE THIS THING.

YOU ALREADY KNOW ALL THESE THINGS.

WHAT IS INTERESTING TO ME ON THIS IS THAT I SPENT SOME TIME READING TO THAT THOROUGHFARE PLAN.

I KNOW THAT IS NOT THE CITY'S PLANT BUT THERE'S SOMEWHERE I SUPPOSE. I WANTED TO BE KNOWLEDGEABLE ABOUT THE RULES, YOU KNOW? I WANTED TO FOLLOW THE RULES AND SO WE LOOKED AT THE CLASSIFICATION ISSUE.

I WANT TO GO QUICKLY. WHAT I DID COME TO ON THIS CHART IS THAT ARTERIALS DON'T PROHIBIT CURB ACCESS.

THEY DON'T AUTHORIZED THEM EITHER.

IT IS DISCRETION, DISCRETION TO P&Z GROUP TO MAKE A RECOMMENDATION, I GUESS OR WHATEVER.

AND THEN SO THAT WAS INTERESTING TO ME.

BUT WHAT WAS REALLY PERFECTLY INTERESTING TO ME IS IF YOU LOOK AT THIS 1.7 MILES OF THIS ARTERIAL ROAD, SORT OF THE TALE OF TWO PARTS. THE FIRST PART WHICH IS ABOUT 1 MILE OR 59% OF THAT ROAD, IS FROM MOUNT ZION DOWN TO THE SUN BEING. RIGHT THERE AT SUNBEAM, THERE IS THE RED X UPTICK IN THIS IS THE SCENARIO TWO.

THERE IS A LONG -- THIS WAS PUT IN IN 2021.

AND THEY HAD CURB ACCESS. AND THAT WAS AFTER THE CURB ACCESS WAS DENIED ON THE NEIGHBOR TO THE NORTH.

SO YOU GOT TO HAVE IT AND I'LL. BUT THEN WE HAD AN APPROVAL.

SO THAT IS KIND OF APPROVING --'S CONFUSING.

WHAT IS INTERESTING OF ALL OF THE PROPERTIES WHERE YOU HAVE CURB ACCESS TO THIS, TEN. A ALREADY HAVE IT.

THERE'S TWO THAT DON'T. AND THE NEIGHBOR TO THE NORTH.

THE NEIGHBOR TO THE NORTH HAS NOT EXPRESSED -- SHOULD ALSO SAY THAT THE NEIGHBOR TO THE NORTH HAS NOT -- IS NOT THE PERSON WHO WAS DENIED ACCESS. A PRISON SO THE PROPERTY AND SO IT IS A NEW PERSON. HE HAS NOT EXPRESSED ANY INTEREST IN ACCESS TO THAT. SO I DON'T THING IT MATTERS TO HIM ON THAT. WE DON'T KNOW THAT THE KEY JUST HAS NOT EXPRESSED ANY INTEREST. ANYWAY, SO THE TWO BLUE X'S YEAR, THOSE ARE THE TWO PROPERTY.

SO I JUST DON'T KNOW WHY IT WAS RECOMMENDED TO DENY THAT ACCESS.

I KNOW WE HAVE ACCESS FOR PLAINVIEW.

BUT, YOU KNOW, WE ARE OLDER.

SO HOW LONG ARE WE GOING TO BE THERE, I DON'T KNOW.

BUT THERE WILL BE A HOME THERE. AND EVENTUALLY THAT HOME WILL BE SOLD. I DON'T THINK ANYONE IS GOING TO BE PARTICULARLY INTERESTED IN BUYING A HOME WHEN THEY HAVE TO DRIVE TO SOMEONE ELSE'S PROPERTY TO GET TO IT.

THAT IS REALLY NOT AN OPTION. I WOULD ALSO SAY THAT -- LET ME SEE. OUR BORDER TO KIND OF GIVE YOU GUYS SOMETHING TO THINK ABOUT IN TERMS OF WHAT MIGHT BE REASONS FOR US TO BUILD A HOME THERE. I MEAN, FIRST OF ALL, IT IS TAX INCOME TO THE CITY AND THE SCHOOL DISTRICTS.

IT IS A HOME. IT IS NOT JUST A PIECE OF LAND.

THAT IS WHAT IT WILL BE IF WE ARE UNABLE TO HAVE CURB ACCESS BECAUSE WE CAN'T BUILD A HOME ON THERE AND CAN'T GET TO THE HOUSE. THAT IS ONE THING.

BUT THE OTHER REASONS ART WE WANT TO DO THIS BECAUSE WE WANT TO BE CLOSE TO GRANDSONS AND MY DAUGHTER AND MY SON-IN-LAW.

SO IT IS PERSONAL FOR US. WE ALSO SAYING THAT SINCE THE CURB ACCESS IS NOT PROHIBITED IN EITHER OF THE MIDLOTHIAN PLAN, WE WOULD ASK YOU TO CONSIDER GRANTING US THAT.

AND AS I MENTIONED, 80% OF THE PROPERTIES ALREADY HAVE IT.

AND FINALLY, WE THINK IT IS THE RIGHT THING TO DO.

HOPEFULLY YOU WILL AGREE WITH THAT.

THAT IS ALL I HAVE TO SAY ABOUT IT.

THANK YOU FOR YOUR TIME. >> THANK YOU, SIR.

OKAY. WE HAVE ANYONE SIGNED UP TO SPEAK? SO ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING? IS THERE A SECOND? ALL IN FAVOR, AYE. THE FLOOR IS OPEN FOR DISCUSSION

OR ACTION. >> I HAVE A COUPLE OF QUESTIONS ABOUT THAT. IS THAT 90-FOOT? WHAT IS THAT RIGHT AWAY ON THAT? IS IT BUILD OUT? OKAY. HELP ME TO UNDERSTAND THE LONG-TERM EFFECTS OF TRAFFIC FLOW THROUGH THERE.

I REMEMBER IT HAS BEEN A DEAL FOR A LONG TIME.

NOT QUITE SEEN IT ALL YET. BUT I GUESS WHAT I'M LOOKING AT

[01:20:02]

IS FUTURE THOUGHT PROCESS OF WHAT ARE THEY GOING TO DO WITH THAT ROAD? WHY WOULD WE NOT OFFER THE CURB CART? I DON'T KNOW IF HE IS MASTERMIND ON THIS STUFF AND CLYDE JUST ASKS THESE QUESTIONS.

THE OTHER QUESTION WOULD BE I DO UNDERSTAND THE PROCESS AND CONCERNED WITH THE CURB CUTS ON THE MAJOR THOROUGHFARES AND ESPECIALLY SERVERS THAT ARE NOT BUILT UP THAT KIND OF GROW A LOT. A LOT OF TRAFFIC FLOW PRACTICE, ANOTHER PART THAT I'M SURE THAT I HAVE TO ENTERTAIN SOME COMMON SENSE. TO WORK WITH THEY ARE KIND OF BOX IN. I WOULD NOT WANT TO BE DRIVING OUT THE OTHER END OF THE PROPERTY.

HELP ME UNDERSTAND. >> LET ME EXPLAIN A LITTLE BIT.

YOU HAVE LEDGESTONE. IT GOES FROM PLAINVIEW UP TO WHAT WE HAVE IS ABOVE GRADE INTERSECTION AT 287 CARRYING ON WORD. KENSINGTON.

PARK PLACE, KENSINGTON AREA AND THEN UP ONWARD GOES INTO THE WHOLESOME PROPERTY TO THE EAST OF WHOLESOME.

SO LEDGESTONE IS 90-FOOT MINOR THOROUGHFARE OR ARTERIAL.

90-FOOT THAT IS MAURO LAINEZ DIVIDED FACILITIES.

IT IS IN THAT MIDLOTHIAN PARKWAY INDUCTORS PROVIDING NORTH-SOUTH CONNECTION FROM THE SOUTH OF MIDLOTHIAN UP TO NORTH.

SO THAT IS THE ULTIMATE BUILD UP.

THAT IS WHAT THE ULTIMATE CALL IS FOR THAT FACILITY.

THIS AT THIS POINT, SO PROBABLY A BETTER EXPLANATION FOR THE BUILDOUT OF THAT IS MORE OF JUST NORTH ON LEDGESTONE WHERE IT ENTERS MOUNT ZION THAT HAS JUST BEEN BUILT OUT.

THE SUBDIVISION TO THE EAST OF THAT.

I FORGET WITH THE NAME OF IT IS. THAT IS THE ULTIMATE SECTION OF THAT ROAD. THERE AT MOUNT ZION AND LEDGESTONE IF THAT ANSWERS YOUR QUESTION.

AND THAT IS, THAT WILL PROCEED UP NORTH TO ONWARD AND THEN

1387. >> WE ARE TALKING ABOUT

SOMETHING IN THE NORTH SIDE. >> I'M SORRY.

>> A LOT OF WHAT WE ARE TALKING ABOUT IS ON THE NORTH SIDE.

>> WELL, ULTIMATELY, THAT MINOR THOROUGHFARE IS FROM 287

ALTHOUGH WE DON'T TO -- >> UNDERSTANDING THAT PORTION.

THESE HOUSES THAT WE ARE LOOKING AT HERE, I'M GOING TO USE THIS.

I'M REAL GOOD AT THAT. THAT KIND OF INTERPRETING, THEY OWN AN ORIGINAL PROPORTIONALITY OF PLAINVIEW MANOR.

THEY ARE PART OF THE OLD PLAINVIEW ROAD.

THEY ARE SUCKED IN. >> I ASSUME.

>> I'M TRYING TO FIGURE OUT, IT LOOKS LIKE THERE'S ONLY BECAUSE OF THE WAY THESE HOUSES ALIGN, ALONG.BACK -- THEY HAVE DIRECT ACCESS TO PLAINVIEW ROAD. THERE'S REALLY ONLY THIS PROPERTY. I UNDERSTAND THEY DON'T WANT ONE TODAY. I'M JUST TRYING TO GET STAFF TO TAKE ON WHAT WOULD IT DO TO US? A LOOK AT -- DUCEY OF THE PROPERTY DOWN HERE TO THE SOUTH LUMPING VIEW.

THAT COULD BE BUILT OUT TO TRYING TO FIGURE.

BUT WE'RE LOOKING AT IS WHAT IS GOING TO COME FROM THE SOUTH TO NORTH AND TRANSIT, WHAT WILL THIS REALLY AFFECT GIVEN THE CURB CUT AND I SEE ONE OF THE OTHERS AS THEY DEVELOP TO THE SOUTH, WE HAVE A LITTLE BIT OF CONTROL OVER SAYING NO, YOU ARE NOT GOING TO THAT. I HAVE A FEELING I WANT TO WHERE THESE FOLKS. I'M TRYING TO UNDERSTAND THE

STAFF'S XUE SHEN. >> IT IS MONEY IN OUR FUTURE.

THAT IS WANTED GROWTH. AND EVERYONE THAT HAS AND ROUGH

OPEN. >> THEY YOU KNOW WHAT THE

DISCUSSION WAS? >> I DO NOT, SIR.

I DON'T THING I WAS AROUND FOR THAT DISCUSSION.

>> I'M SURE I NEVER -- >> THERE IS SOMEBODY THAT WAS HERE. YOU ARE RIGHT.

>> I DON'T -- HELP LONG AGO WAS THAT?

>> 2016. >> WAS THAT EVEN FULLY BUILT OUT THEN? PROBABLY NOT.

[01:25:02]

OUR PORTION WAS NOT. OUR PORTION CAME IN LATER.

>> I DON'T THINK IT WAS AS EASY TO VISUALIZE AS WE CAN NOW WHAT

WAS GOING ON. >> AND THAT POINT, IT WAS NOT IN THE CITY. YOU WOULD NOT HAVE SEEN THAT.

>> THAT MAKES ME FEEL BETTER. >> ARE THERE CITY FACILITIES THERE? WATER, SEWER?

>> PROBABLY NOT WATER. THERE'S PROBABLY -- THERE MAY NOT BE ANY SEWER. THAT -- WE HAVE FIBER.

I'M SURE WE HAVE FIBER IN THERE. BUT NO OTHER FACILITIES THAT AWARE OF. THAT IS GOING TO BE NOT PEEK.

SORRY. >> THIS WILL BE -- THIS WILL BE

A 1 ACRE LOT WHAT MORE? >> THAT IS WHAT THE REQUEST IS FOR, I BELIEVE. YEAH.

>> OKAY. THE COMMISSION?

>> THIS IS NOT PROBABLY. >> YES.

WE HAVE -- WE HAVE TWO ITEMS. STAFF RECOMMENDATION. ONE IS TO APPROVE THE ZONING CHANGE AND THE OTHER IS DENIAL TO ACCESS TO LEDGESTONE.

WE WOULD NEED TO HAVE THE MOTION TO BOTH OF THOSE.

SEPARATE MOTIONS. >> I'M READY TO MAKE A MOTION TO

APPROVE THE ZONING CHANGE. >> OKAY.

>> SO THE MOTION INCLUDE THE ACCESS?

>> LET'S DO THOSE SEPARATELY IN CASE SOMEBODY MISSED THEM.

BECAUSE YOU DON'T WANT TO PUT AGAINST THE ZONING BECAUSE YOU

ARE GOING AGAINST THE ACCESS. >> WE HAVE MOTION TO APPROVE THE

ZONING? >> SECOND.

>> ANY QUESTION? >> AYE.

>> OPPOSED? IT IS UNANIMOUS.

I WILL MOVE FOR -- >> SECOND.

>> THERE IS A MOTION TO APPROVE THE ACCESS.

ANY FURTHER DISCUSSION? ANY OPPOSED? IT IS UNANIMOUS. OKAY.

[013 Conduct a public hearing and consider and act upon an ordinance amending the zoning of +/-46.329 acres being Lot 4, Block A of Midlothian Business Park and a portion of the Leeman Kelsey Survey, Abstract 593, from Planned Development No. 69 (PD-69) and Agricultural (A) District to a new Planned Development District for Battery Storage and electricity substation uses, approving a site plan and landscape plan. The property is generally located on Highway 67, east of VV Jones Road. (Z04-2023-010) ]

MOVING TO PUBLIC HEARING. LOT FOUR AND LOT THREE.

AND PORTION OF THE SURVEY. PLAN TO DEVELOPMENT NUMBER 69 AND AQUACULTURE A DISTRICT TO A NEW PLANNED DISTRICT ELECTRICITY. SUBSTATION.

AND LANDSCAPING PLAN LOCATED ON HIGHWAY 67 EAST.

>> NEAR THE RECENT BUSINESS PARK DEVELOPMENT, SOUTHWEST OF TOWN, WE HAVE SOME EXISTING ENCORE LINES AND THEN THERE'S.

ENCORE WITH THE ELECTRICAL SUBSTATION HERE AND THEN OPERATING A BATTERY ENERGY STORAGE SYSTEM.

USING THIS PROPERTY HERE. MOST OF THIS AREA IS CURRENTLY AS YOU CAN SEE DOWN HERE IS MOST OF THIS AREA OF THE STORAGE SITE IS IN PETEY 69 WHAT IS LIGHT INDUSTRIAL BASE ZONING DISTRICT THAT ALLOW FOR OVER HERE OF CHALLENGER.

AND THE ENCORE SUBSTATION SITE INCLUDED WHAT WAS VOLUNTARILY ANNEXED IN. TWO PART TOGETHER MAKE OUR PROJECT SITE BUT AGAIN THE NORTHERN PART IS FOR ONCOR ELECTRICAL SUBSTATION IN THIS AREA IS FOR THE BATTERY ENERGY STORAGE SITE. THIS PICNIC REPRESENTS THE ENCORE AT THIS GORGEOUS BROWN COLOR REPRESENTS THE ENERGY STORAGE SIDE. THIS REPRESENTS MORE OR LESS ALL OF THE FLOODPLAIN ON THE PROPERTY.

[01:30:02]

AS YOU SEE IN IF YOU ADVANCE SLIDES.

THE STORAGE SIZE IS GOING TO BE LARGELY ABOUT THIS AREA.

AS THE ENERGY AS I UNDERSTAND IT OFF THE POWER LINES IS GOING TO BE SWITCHED AND/OR TRANSFORM TEST OF THE BATTERY ENERGY STORAGE SYSTEM THAT IS GOING TO FUNCTION AS A BATTERY BACKUP TO THE GRID. IT SOUNDS LIKE A GOOD THING AFTER LAST FEBRUARY. THE HIGHLIGHTS OF THE PETEY REQUEST. WE ARE ASKING THEM TO PROVIDE TREES. WE UNDERSTAND YOU DON'T WANT TO PUT TREES IN YOUR POWER LINES. AND THE PD ORDINANCE WE WORKED ON, WE HAVE MADE OUT OF THAT. THE BUFFER SIZE TO WHERE THE APPLICANT, WE ARE ASKING FOR THE 25TH THE FOR LUNG THE PARTS THAT RUN PARALLEL. THE REMAINING SIDES WOULD BE 10 FEET AS A BUFFER. PART OF THAT IS FOR THE SITE.

WELL, IT IS STORAGE AND WE DO TALK ABOUT WANTING TO SCREEN STORAGE. EVEN THOUGH SOME DISTANCE, ABOUT 500 FEET. WE DON'T KNOW WHAT WILL COME IN THE FUTURE. AND TO ENSURE THAT ANY LANDSCAPING DOES HAVE A CHANCE TO ESTABLISH AND BE MAINTAINED THAT WE ARE REQUIRING IRRIGATION.

WE HAVE REQUIRED OF MOST PEOPLE BARRING SOME EXTENUATING CIRCUMSTANCES. WE DID ALSO ASK FOR THEM TO PROVIDE CONCRETE DRIVEWAYS AND THE EDGE OF THE ROAD.

BUT IT INTERNAL PARTS, WE ARE SAYING THE AGGREGATE DRIVES IS FINE SO LONG AS THEY MEET THE FIRE CODE STANDARD.

AND GENTLY SPEAKING TO IF ANY -- WHEN THEY COME IN F FOR PERMITS SHOULD YOU APPROVE THIS, IF THE PLAN SUBSTANTIALLY CONFORM TO THE CONDITIONS INTO PD AND THE PLANS THEY HAVE PROVIDED TO STAFF COULD APPROVE THOSE RATHER THAN BRINGING THEM BACK TO YOU.

THOSE ARE KIND OF THE HIGHLIGHTS I WANTED TO DRAW YOUR ATTENTION TO REGARDING THE PD AND ENCRYPTION ON MY PART.

I MISSTATED THE SNAKE GUARDS. THAT IS THAT MESH BARRIER.

I SAID 30 INCHES. WE WANT TO CORRECT THAT TO 36 INCHES. DOES NOT MAKE A DIFFERENCE.

I JUST MISREAD IT. AS I UNDERSTAND IT, SOME POINTS THAT WE NEED TO DISCUSS BECAUSE WE HAVE HAD SOME ADDITIONAL INFORMATION COME IN IS A HEIGHT ISSUE.

MY UNDERSTANDING NOW IS THAT AT LEAST AT THE ENCORE SIDE, THEY MAY NEED UP TO AN 80-FOOT FOR THE TOWERS.

THEY ARE PROBABLY CLOSE TO 80 FEET NOW AND AS I UNDERSTAND IT, THIS IS ABOUT REDIRECTING THOSE LINES OF THOSE OVERHEAD POWER LINES TO BE ABLE TO COME DOWN AT THE ANKLE TO THE SUBSTATION AND ONTO THE BACKUP BATTERY ENERGY STORAGE.

AS -- THEIR STRUCTURES ARE PROBABLY NOT MORE THAN 10 FEET TALL. WE PUT 15-FOOT HEIGHT MAX AS AN EXTRA. THAT IS FAIRLY STANDARD AND ALSO AS VOLTA IS INTERESTED IN THE IDEA OF AND I WILL SHOW YOU ON THE PLAN, OR I WILL GO AHEAD AND SKIP TO IT.

THEY HAVE -- APOLOGIES. I'M GOING TO JUMP A BIT ON YOU.

THEY INITIALLY CALLED UP NATURAL CONDITIONS TO REMAIN.

THIS MIGHT BE AN AREA THEY MAY WANT TO ADD CAPACITY TO? SO APPARENTLY THIS SHOWS ABOUT 250 MEGAWATTS OF CAPACITY.

BY BEING ABLE TO EXPAND UP TO THE 40, 50 MEGAWATTS.

SO THOSE ARE SOME THINGS WE HAVE TO KIND OF TALK ABOUT TONIGHT BECAUSE THAT WAS NOT IN YOUR PACKET.

THAT WAS NOT SPECIFICALLY IN DOUBLE ORDINANCE BECAUSE IT CAME UP RECENTLY. SO TO GIVE YOU A SENSE OF THE PLANTS AND WHAT I WAS DESCRIBING AS THE HIGHLIGHTS OF THE PD, THIS IS THE ENCORE SIDE. THAT AREA I WAS SHOWING YOU THERE IN THE PICNIC. YOU CAN SEE AN OUTLINE OF THE SITE HERE FOR THE BATTERY ENERGY STORAGE.

SO YOU HAVE AN IDEA OF HOW THEY RELATE.

THIS IMAGE IS A LITTLE MORE ZOOMED IN WITHOUT ALL OF MY COMMENTS ON TOP OF IT. THE BASIC IDEA AS SHOWN HERE IN THE RED IS THAT FROM EDGE OF THE ROAD TO THE GATE IT SHOULD BE A CONCRETE DRIVE. THAT IS WHAT STAFF'S REQUEST AND REMEMBER IT DOES RECOMMENDATION IS.

THE APPLICANT DOES NOT WANT TO DO THAT.

THE -- ENCORE HAS NOT REALLY PROVIDED A LANDSCAPE PLAN.

WE ARE GOING TO TRY TO APPLY THE SAME STANDARD AND SO I JUST MADE SOME COMMENTS ON THEIR SITE PLAN JUST SO WE HAD SOME KIND OF

[01:35:01]

VISUAL REFERENCE. SO THE IDEA IS TO HAVE THEIR LANDSCAPE BUFFER AROUND THE POOL PERIMETER FENCE.

THIS IS NOT PRECISE. THE IDEA HERE IS THE GENERAL AREA AND AGAIN, THIS SHOULD BE A MIXTURE OF TREES AND SHRUBS AND THE PD, IT DOES, DETAILS ABOUT THEIR SPACING AT CALIBER SIZE AND ALL OF THAT. BUT YOU MAY REMEMBER NOT TOO LONG AGO, I BELIEVE A SOLAR FARM AND HE SUBSTATION WAS APPROVED.

AND THEY ALSO HAD DIFFERENT. BUT THEY DID HAVE SITUATION WHERE THERE WAS THE 25TH BUFFER RUNNING AROUND PERIMETER BUT EVEN BETWEEN LOTS COULD NOT JUST A LONG ROAD SIDES.

WHERE THEY WERE DOING A MISTER OF TREES AND SHRUBS AND SO THAT WAS KIND OF THE BASIS FOR THIS IDEA.

BUT AGAIN, OBSERVING THAT YES, WE DON'T REALLY WANT TO PUT TREES UNDER POWER LINES. WE GET THAT.

SO WE WERE NOT -- IN THE PD, WE WERE SAYING THAT IS FINE.

FOCUS ON THE AREAS WHERE YOU DON'T HAVE POWER LINES RUNNING OVERHEAD TO PUT ENTRIES. BUT YOU COULD STILL DO SHRUBS.

AND THIS IS THE AS VOLTA BATTERY STORAGE SITE.

SAME FOR THEM. TICKET PRICE, MUCH HIGHER.

AGAIN TO JUST APPLYING THE SAME STANDARD WORKING WITH STAFF AND SUPPORTING THE IDEA OF CONCRETE TO GATE.

AGAIN, AGGREGATE GRAVEL INTERNAL.

THAT IS FINE AS LONG AS IT MEETS THE FIRE CODE STANDARD.

AND FOR THEIR LANDSCAPE PLAN, THEY DID NOT SHOW MANY TREES.

SO AGAIN, AS STAFFED THAT WE PUT IN THE PD TEXT CONDITIONS WITH SOME LABELS HERE. AGAIN, WITH THE SAME IDEA OF 20-FOOT BUFFER HERE BECAUSE THIS IS PARALLEL TO VV JONES.

IF THEY WANT TO GO DOWN TO 10-FOOT MINIMUM HERE, THAT IS FINE. WE WANT A MIXTURE OF TREES AND SHRUBS. SO AS FAR AS THE FUTURE LAND USE PLAN, IT DOES ENVISION IT AS INDUSTRIAL.

YOU HAVE GOT INDUSTRIAL IN THE AREA.

THE -- WE HAVE TRIED TO CRAFT THE PD MODEL A BIT AFTER THAT SOLAR FARM S.U.P. THAT WAS PASSED.

ALSO LOOKING AT WHAT WAS IN PETEY 69.

ALSO LOOKING AT WHAT WE HAVE DONE FOR SOME OF THE OTHER ELECTRICAL SUBSTATIONS THAT HAVE COME IN RECENTLY.

SO IT IS A BIT OF A SPLITTING OF A DIFFERENCE.

THE APPLICANT IS HERE TONIGHT. HE HAS A PRESENTATION.

HE MAY HAVE A DIFFERENCE OF OPINION.

THE ONE THING I DID ALSO WANT TO POINT OUT, APOLOGIES.

IS SO WHERE YOU DON'T SEE COLOR ON THAT MAP THAT IS NOT OUR ETJ.

THAT DOES NOT OUR CITY. SO JUST WANTED TO MAKE SURE IT WAS CLEAR THAT FOR EXAMPLE, THIS SITE, NOT IN THE, NOT IN OUR E ETJ, HAS BEEN POINTED OUT THAT THEY DO NOT HAVE TO DO CONCRETE.

THAT IS SOMEONE ELSE'S PROBLEM, NOT OURS.

IF YOU ARE -- SOUTHERN CONCRETE, I DON'T KNOW WHEN THEY DID THEIR CONCRETE WORK, I GUESS THEY KNEW SOMEBODY.

THEY DEFINITELY DID CONCRETE DRIVES AND AS WILL IS UNDER PARKING AREA. SO I JUST WANTED TO MAKE SURE WE UNDERSTOOD THAT RECORD THE CITY LAND WAS VERSUS THE COUNTY LINE AS IT MAY APPLY. SO WITH THAT, I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

AND AGAIN, AS FAR AS THE PD IS PRESENTED BY STAFF THAT WE ARE SUPPORTIVE OF THAT NOTING THE CORRECTION OF THE SNAKE CARD AND OF THE 80-FOOT IS NEEDED FOR OVERHEAD POWER LINES, IT KIND OF IS WHAT IT IS AS FAR AS ELECTRICAL SUBSTATIONS GO.

WE MAY WANT TO HEAR A LITTLE BIT MORE DETAIL ABOUT THE NEED AND THE EXACT HEIGHT AND HOW THOSE THOSE HOW THAT IS CONNECTING.

BUT IN GENERAL, WE GET THE IDEA AND DON'T HAVE ANY IMMEDIATE OBJECTIONS TO IT. THE APPLICANT IS HERE AND HAS A

PRESENTATION. >> THE AREA YOU WERE TALKING ABOUT IS NOT IN OUR ETJ. IS THAT IN -- OR IN THE CITY

LIMITS? >> I BELIEVE THIS IS THE ETJ, SIR. POLICE OVER RIGHT HERE.

I DON'T KNOW ABOUT THERE. >> OKAY.

QUESTIONS FROM STAFF? OKAY.

IF NOT, THE APPLICANT PRESENT WISHES TO SPEAK? IF YOU WOULD, AND INVITE YOURSELF AND YOUR ADDRESS.

>> MY NAME IS ALEX. I'M COMING TO YOU FROM MINNEAPOLIS, MINNESOTA. I HAVE SOME TECHNICAL EXPERTS HERE FROM AUSTIN AND DALLAS AREA THAT CAN REPRESENT S VOLTA AND ENCORE. MY EXPERTISE IS IN ZONING

[01:40:01]

ADMINISTRATION AND PERMITTING. I'M GLAD TO BE HERE? NO. THANK YOU.

THAT WAS A GREAT PRESENTATION. YOU LATE A LOT OF THE GROUND WHERE. I DON'T HAVE TO READ RATE TOO MUCH OF IT. MAYBE I JUST WILL.

WE ARE A DEDICATED TEAM OF DOING ENERGY EFFICIENCY PROJECT.

BUILDING ENERGY INFRASTRUCTURE FOR THE COMMUNITY.

IT SHOULD BE AN ASSET FOR YOU. WE SAW SOME PICTURES EARLIER.

THE SITE CONSISTS OF BATTERY, STORAGE CONTAINERS.

SWITCHGEAR, OTHER ELECTRICAL EQUIPMENT, NO.

IS GENERATED FROM THESE SITES. THEY TAKE ENERGY FROM THE GRID.

THAT PEAKS IN THE VALLEYS OF ENERGY CONSUMPTION.

BATTERIES ARE NOT MANUFACTURED ON THE SITE, EXTORT ONLY.

IT IS ANTICIPATED THAT A SITE -- APPROXIMATELY 610TH YEAR.

IT IS NOT HEAVILY INTENSE USE. NEIGHBORS:COMPLAIN OF THE ROADS BEING USED IN THE AREA. SO IF THAT HELPS CLARIFY ANY ITEMS THERE, I THINK THAT MIGHT HAVE SOME IMPACTS ON WITH THE CONCRETE DRIVE IS APPROPRIATE BECAUSE BEYOND THE CONSTRUCTION STAGE, THERE WILL BE REALLY NO SIGNIFICANT SITE ACCESS.

SO THERE ARE TWO DIFFERENT PROPERTIES.

ONE IS THE 12-ACRE PROPERTY TO BE USED FOR A FUTURE ENCORE SUBSTATION. THE OTHER PROPERTY USED FOR THE BATTERY STORAGE CONTAINER SITE IS 34 ACRES.

THE BUILDING FOOTPRINT SITE AS YOU SAW IN THE ORANGE IS 12 ACRES AND THE REST OF THE SITE IS WHAT WE ARE CALLING THE FLOODPLAIN PARCEL. THAT IS ABOUT A QUARTER-MILE FROM HIGHWAY 67. ABOUT 600 FEET FROM VV JONES ROAD. IT IS BACK THERE A LITTLE WAYS.

I THINK MAYBE YOU CAN SEE IT SHOWING SOME.

CHOOSE THAT WE TOOK -- SHOWING SOME.

CHOOSE THAT WE TOOK. THIS IS YOUR VIEW OF THE PROPERTY FROM VV JONES ROAD. IT IS 600 FEET AWAY.

IT IS WHAT I WOULD CALLED A FLAG O'CLOCK.

THERE'S ANOTHER PROPERTY IN FRONT OF IT.

ASSUMING SOME OF IT WOULD BE DEVELOPED FOR INDUSTRIAL USES.

IT MAY BE SCREENED FROM VIEW AND THE DISTANCE:PROVIDE SOME SCREENING. THE PROJECT WILL CONTRIBUTE SIGNIFICANT SNOW TAX BASE FOR THE PROPERTY.

$30 MILLION FOR REVENUE. THANK YOU.

HE SUPPORTS ENERGY INFRASTRUCTURE AND IT IS AN ASSET TO YOUR COMMUNITY. WE ARE AVOIDING FLOOD IMPACTS.

THAT FLOODPLAIN WILL SERVE AS A BUFFER FOR ANY VISUAL IMPACTS FROM HIGHWAY 67. AT THE END OF ITS USEFUL LIFE, IT WILL BE RESTORED. THESE BATTERY CONTAINERS WILL HAVE LIFE. WE ANTICIPATE AT LEAST 20 YEARS, MAYBE MORE. BUT THE END OF ITS USEFUL LIFE, IT WILL BE HAULED OFF AND DECIDE WILL BE REPURPOSED WHAT MAY BE TECHNOLOGY. I DON'T KNOW IF ANYONE CAN PREDICT THE FUTURE. CERTAINLY WILL NOT BE ABANDONED AND STAFF PROVIDES SOME GOOD LANGUAGE IN THE PD TO PROVIDE SOME ASSURANCES IN THAT AREA. SO THAT AS A GENERAL OVERVIEW.

I WOULD LIKE TO GO ON TO TALK ABOUT SOME AREAS WHERE DIRT MIGHT BE DAYLIGHT BETWEEN WHAT STAFF HAS RECOMMENDED FOR THE SITE AND WHAT THE APPLICANT HAS PUT FORWARD.

BUT IF THERE ARE ANY QUESTIONS NO AND MAYBE MY TECHNICAL -- ARE WILLING TO ANSWER QUESTIONS AS WELL.

I'M NOT A TECHNICAL EXPERT. BUT I'M HERE TO ANSWER QUES

QUESTIONS. >> DID I UNDERSTAND YOU SAID THERE'S A LOT IN FRONT OF THIS LAW?

>> YES. IS THAT A DIFFERENT OWNER?

>> IT IS. I THINK IT IS CURRENTLY FOR SALE. I THINK THIS IS APPROXIMATELY 6 ACRES. YEAH, 6 ACRES THIS LOT RIGHT HERE, CURRENTLY FOR SALE. IT HAS'S NARROW ACCESS ROAD BACK TO THESE BATTERY STORAGE CONTAINERS, WHICH WILL BE 600 FEET FROM VV JONES ROAD QUARTER-MILE FROM HIGHWAY 67.

>> THE WHITE AREA, IS THAT ONE PIECE?

IS THAT SEVERAL PIECES? >> THANK YOU.

>> TWO PIECES? OKAY.

OKAY. QUESTIONS?

[01:45:04]

OKAY. THANK YOU, SIR.

COWPOX. -- KYLE?

COME UP AND IDENTIFY YOURSELF. >> GOOD EVENING, COMMISSION.

MY NAME IS KYLE. I AM THE CEO.

WE ARE THE SELLER OF THE PROPERTY.

AS MENTIONED, THIS IS A UNIQUE PIECE OF PROPERTY THAT WE WERE LEFT WITH AS IT RELATED TO 212-ACRE DEVELOPMENT OR LAND THAT WE PURCHASE FOR THE MIDLOTHIAN BUSINESS PARK.

THIS PARTICULAR PROPERTY IS SEPARATE FROM THE PROPERTY OWNERS ASSOCIATION. THOUGH INITIALLY WE SOUND ALL OF THE PROPERTY, THE SAME AS THE TWO WERE SET UP.

THERE ARE DEFINITELY TWO DIFFERENT AREAS THAT WERE CONTEMPLATED AS MIDLOTHIAN ECONOMIC DEVELOPMENT DEVELOPED THIS PROPERTY. GOING BACK TO THE BUT, ONE ECONOMIC DEVELOPMENT TYPICALLY DOES NOT BECOME AN ADVOCATE ON BEHALF OF ZONING. I WANT TO BE CLEAR THAT THE REASON WE ARE DOING THIS IS BECAUSE WE ARE THE PROPERTY OWNER. AND FOR THAT REASON ONLY, WE ARE SELLING THE PROPERTY TO ESVOLTA. WE -- SO WE ORIGINALLY PURCHASED THE PROPERTY IN 2014. THE PROPERTY AS I MENTIONED, YOU KNOW, REALLY, THERE'S TWO SEPARATE SIDES OF THE PROPERTY THAT WE PURCHASED. THE MIDLOTHIAN BUSINESS PARK.

AND THE CURRENT PD 69 VERY HIGH ARCHITECTURAL DESIGN REQUIREMENTS ALONG HIGHWAY 67 ALONG RAILROAD.

VERY HIGH AS IT RELATED TO LANDSCAPING AND BUILDING ARTICULATIONS THAT WE ULTI ULTIMATELY, YOU KNOW, CONTINUED ON TO THE DEVELOPMENT AND YOU CAN GO UP THERE AND SEE TODAY AS WE HAVE DEVELOPMENT IN THAT AREA.

THE BACK OF THE PROPERTY THAT WE HAVE BEEN FORTUNES TO BE ABLE TO GET SOME USERS THAT HAVE BUILT VERY HIGH QUALITY PRODUCTS BACK THERE BUT THEY DID NOT HAVE THE SAME DEVELOPMENT REQUIREMENTS.

THIS PROPERTY FELL IN LINE WITH THE PROPERTY THAT WAS OFF OF 67 AND MILLER ROAD DID NOT CARRY WITH IT THE ORIGINAL PD, THE HIGH DESIGN REQUIREMENTS. ULTIMATELY AS OUR ORGANIZATION CONSIDER THIS USE, I THINK WE DID SOMETHING SIMILAR TO YOU.

AND THIS WAS USED THAT WAS BRAND-NEW TO US.

IT HAS BEEN ONE THAT WHEN WE FIRST CONTACTED BY ESVOLTA, THEY OFFERED US A THREE-YEAR OPTION AGREEMENT AND I WILL SAY OVER THE LAST TWO YEARS THAT WE HAVE BEEN WORKING WITH THEM, WE HAVE LEARNED A SIGNIFICANT AMOUNT OF BOUT THIS TECHNOLOGY, ABOUT THAT USE, WHAT IT DOES. TO SIMPLIFY THINGS IN THE POWER GRID. THEY ARE ABLE TO TAKE POWER FROM THE GRID AT NIGHT WHEN THERE'S LOW DEMAND.

HE CAN PUT IT BACK ON THE GRID THE DAY WHEN EVERYBODY NEEDS IT FOR THEIR HEATING OR COOLING? ULTIMATELY THIS IS A USE THAT WE BELIEVE CARRIES WITH IT THE HIGHEST AND BEST USE OF THE PROPERTY. THERE ARE SIGNIFICANT PERSONAL PROPERTY ASSOCIATED WITH THE SITE.

VERY HIGH IN TAXABLE VALUE. AND THE FLIPSIDE IS THAT AS MENTIONED, THE SITE IS A SERVICED RELEASE SIX TIMES EACH YEAR. THERE'S NO IMPACT TO THE COMMUNITY AND HAVING THIS, YOU KNOW, ULTIMATELY, IF THERE ARE ISSUES WITH ONE OF THE MODULES, IT WOULD BE TAKEN OFF SITE AND REPAIRED BY THE MANUFACTURER. AND ULTIMATELY, AS WE GO THROUGH AND EVALUATE THE DIFFERENT USES, THE CURRENT CONDITIONS THAT WE HAVE OF THIS PROPERTY THAT IS LOCATED AT THE VERY EDGE CORNER OF THE COMMUNITY, THAT THIS PROVIDED THE HIGHEST AND BEST USE OF THE PROPERTY AND WILL HELP TO SELL THE PROPERTY AND MOVE ON TO OTHER ECONOMIC DEPARTMENT PROJECTS.

IF ANYTHING COMES UP, OTHERWISE, WE ARE IN SUPPORT OF THE PROJECT, YOU KNOW, THE LAST THING THAT I WILL SAY, HAVING BEEN UNDER CONTRACT WITH ESVOLTA FOR TWO YEARS NOW, WE HAVE SEEN, YOU KNOW, MULTIPLE ON THEIR TEAM AT YOU LOOK AND THEY HAVE BEEN VERY CONSISTENT IN WHAT THEY WERE PLANNING TO DO, HOW THEY WWOULD USE THE SITE. THEY HAVE WORKED WITH CITY STAFF AND IN MULTIPLE DIFFERENT DRC MEETINGS EVALUATING IT TO BRING IT FORWARD TO THIS POINT. SO WE WOULD RECOMMEND APPROVAL.

[01:50:04]

>> OKAY. I DID NOT HAVE ANYBODY ELSE SIGNED UP. SO WITH THAT, I ENTERTAIN A MOTION TO CLOSE THIS PUBLIC HEARING.

IS THERE A SECOND? WE HAVE --

>> I WAS HOPING TO DISCUSS SOME AREAS WHERE STAFF.

>> ADDITIONS INCLUDED IN THE PD DIFFER SLIGHTLY FROM THE

APPLICATION THAT WE SUBMITTED. >> OKAY.

IN GO AHEAD. OKAY.

WE HAVE A MOTION AND A SECOND? ALL IN FAVOR, AYE.

GO AHEAD. >> SO APPLICATION WAS REVISED SLIGHTLY IN A COUPLE AREAS WHERE I THINK THE APPLICANT AND STAFF DISAGREE SLIGHTLY ON WHAT WOULD BE APPROPRIATE, THAT BEING EXTENSIVE SCREENING, ROAD PAVING, ALL THE WAY UP TO THE DEFENSE. WE SPOKE ABOUT HEIGHT LIMITATIONS. I GUESS I LEARNED TODAY THAT WHEN I TOLD BRIAN YESTERDAY THEY COULD BE 80 FEET, IT SOUNDS LIKE IT COULD BE 90 FEET. IT IS MOSTLY JUST -- GO AHEAD.

>> HELLO. MY NAME IS SETH.

I'M WITH ENCORE ELECTRIC. YEAH, IN THE PD A COMPLETE REFERENCED HEIGHT THINK IT CALLS OUT THE HEIGHT OF THE HIS MISSION LINES AND WIRES. SO THIS COMMISSION AND CITY COUNCIL DOES NOT HAVE AUTHORITY OR OVER ARE TRANSMISSION LINES.

THAT IS ALL REGULATED. I'M -- I THINK THE LANGUAGE IN THE PD IS PROBABLY NOT REALLY NEEDED AS FAR AS THE HEIGHT OF OUR STRUCTURES. I UNDERSTAND THE INTENT OF IT IF IT IS TO POTENTIALLY KEEP SOME OF THE ESVOLTA'S HEIGHTS DOWN.

I THINK YOU PUT IT OUT THAT YOU ARE PRETTY LOW TO THE GROUND ANYHOW. AS FAR AS THE ENCORE PORTION, THAT IS NOT ABLE TO BE REGULATED BY THE PLANNING COMMISSION OR CITY COUNCIL. AND I'M HERE TO ANSWER.

I'M HERE TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE AS FAR AS

THE ARTICLE PORTION. >> QUESTIONS? THANK YOU, SIR. OKAY.

>> REGARDING SCREENING STAFF RECOMMENDATION TO PROVIDE SCREEN RUNS THE ENTIRE SIDE. AGAIN, MAYBE OUR WILL SHOW THIS PICTURE. WE ARE NOT EXACTLY CLEAR ON WHAT WE ARE ACHIEVING BY PUTTING A ROW OF TREES WAY BACK HERE.

THIS IS A VERY REMOTE PROPERTY. DOES NOT SEEM LIKE THE BEST USE OF RESOURCES. SAME THING WITH HIGHWAY 67.

IT IS A QUARTER MILES AWAY, ALONG WITH TREEPLANTING WOULD BE THE EXPECTATION OF RUNNING IRRIGATION SYSTEMS. AGAIN, THE APPLICANT FEELS THAT MAYBE A BIT EXCESSIVE AND WOULD LOVE TO ENGAGE IN A CONVERSATION WITH PLAN COMMISSION ON WHAT IS -- HOW DO WE THREAT THIS NEEDLE ON DOING BOTH A GOOD SITE AND.

THE GOOD STUPOR TO LIMITED RESOURCES?

-- STEWARD TO LIMITED RESOURCES? >> ANYTHING ELSE, SIR?

>> WE TALKED ABOUT SCREENING. WE TALKED ABOUT INVITATION.

THE ROAD PAVING. AGAIN, THE SITE CAN BE ACCESSED SIX TIMES A YEAR. THE BEST USE OF RESOURCES.

CERTAINLY WILLING TO PAY THROUGH THE RIGHT AWAY 25, 30 FEET.

THAT SEEMS TO BE AS BRIAN MENTIONED, IT MIGHT'VE BEEN A VENUS SITE THAT I WAS SHOWING AND WHEN THAT THESE PICTURES.

BUT IT SEEMS TO BE TYPICAL OF THE AREA TO LIMITED PAVING AS OPPOSED TO ALL THE WAY BACK THE 600 FEET TO THE SITE.

SO THOSE ARE THE AREAS OF DISAGREEMENT AND WE CAN TALK IF LANDSCAPING, IF THERE'S AN APPETITE TO.

DELIVERY FOR LANDSCAPING, STAFF PROVIDED SOME SPACING REQUIREMENTS, MATURE TREES OF 4-INCH CALIPER EVERY 40 FEET.

IF THERE'S AN ABSOLUTE DESIRE TO DO IT LANDSCAPING, WE WOULD LIKE TO ENGAGE IN CONVERSATIONS OF WHAT THAT SPACING AND THE MATURE TREES VERSUS THE SAPLING TREE WOULD BE NECESSARY.

SO I WOULD LOVE TO HEAR THOUGHTS ON THIS.

>> THANK YOU, SIR. >> :TO POINT SOMETHING FOR CLARITY. SO IN THE LANDSCAPE PLAN THEY SUBMITTED AND NOW JUST SHOWING SHRUBS WHAT THEY DID SHOW LANDSCAPE AND SHRUBS ON THE BACK.

[01:55:01]

WHEN STAFF IS SUGGESTING TO FULLY LANDSCAPE WITH TREES WE ARE ALSO KIND OF GOING WITH WHAT WE WERE ALREADY GIVEN THAT THEY DID NOT SEEM OPPOSED TO THE IDEA OF LANDSCAPING TO BEGIN WITH AND AGAIN WITH THE SOLAR FARM THERE WERE EVEN PRIVATE ADJOINING LOTS. AS FAR AS I KNOW, D HAD TO DO IRRIGATION. WHEN YOU ALL HAVE DISCRETION, I JUST WANT TO MAKE SURE IT IS CLEAR ON THAT.

>> I GOT A QUESTION FOR YOU. SET.

PROTECTION? >> FOR THE CONCRETE DRIVE.

COVID IS IS IT IS OUR STANDARD THAT WE WOULD REQUIRE THAT.

IT WOULD BE OUR STANDARD. WE WOULD REQUIRE CONCRETE INSIDE. AGAIN, STAFF IS COGNIZANT OF THESE COSTS, THE DESIRE TO HAVE ADEQUATE ELECTRICITY AND ENERGY.

COVER OUR GROWTH. SO FROM THE STAFF PERSPECTIVE, WE FELT WE WERE ALREADY BEEN SUPPORTED BY BACKING UP SO MUCH OF OUR CONCRETE PAVEMENT REQUIREMENTS.

AND FIRE WAS COMFORTABLE WITH WHAT WOULD HAPPEN INTERNAL.

THAT IS A 600-FOOT, AS HE SAYS, RUN ROAD.

A LOT CAN HAPPEN IN 600 FEET. SO AND THEN ALSO WITH HE STEPS ARE -- I HAVE TOUCHED ON, YOU WOULD HAVE TO RUN AS FAR AS -- THE 6-INCH LINE THAT WOULD STILL NEED TO BE RUN 1500 LINEAR FEET OR SOMETHING LIKE THAT. TO GET TO JUST DISAPPOINTMENT OF THE PROPERTY. WHICH AS FAR AS I KNOW, IT WAS STILL NEED TO DO THAT JUST TO RUN THE FIRE HYDRANT BECAUSE YOU ARE GOING TO NEED FIRE PROTECTION.

THE -- AND WE NEED A FIRE HYDRANT EVERY 600 FEET FROM A BUILDING. SO FROM THE STAFF PERSPECTIVE, WE RECORD OTHER PEOPLE TO IRRIGATE THEIR LANDSCAPING INTO IT BY ASSISTANT OR A HUSBAND WITHIN 75 FEET WITH A SYSTEM ABLE TO BE MORE PRACTICAL. AND TO ESCORT YOU OVER THE ART HAVING TO RUN THESE WATERLINES FOR ADEQUATE FIRE PROTECTION.

DOES NOT SEEM LIKE IT IS THAT BIG OF A MODULE INCREASE IN COST TO RUN THE WATER FOR THE IRRIGATION SERVICE LINE.

I HOPE THAT ANSWERED YOUR QUESTION.

>> OKAY. >> SORRY.

>> WHAT ARE THE -- WHAT IS THE ZONING OF THE PROPERTIES NORTH,

SOUTH, EAST, AND WEST? >> SO THIS WOULD BE AG HERE,.

>> IS THAT TO THE SELF WHERE -- >> THIS WOULD BE VV JONES RUNNING THIS WAY AND THESE TWO LOTS HERE.

THEN OUT THIS WAY, OF HERE. ON THE WALL IS 67.

>> BECAUSE THERE IS COMMERCIAL AS YOUR PICTURE SHOWS IT, TO THE SOUTHEAST, THE LIKELIHOOD IS THAT AG WILL BE COMMERCIAL ALSO.

BUT LIKELY HEAVY INDUSTRIAL LIKE THIS.

>> YEAH. >> SO -- AND I SEE IT, AS I LOOK ON MY GOOGLE MAP WHICH MAKES A LOT MORE SENSE, THAT IS TO THE NORTH. EVERYTHING EAST AND WEST AND ALMOST TO THE NORTH IS EITHER INDUSTRIAL WERE GOING TO BE INDUSTRIAL. RIGHT?

>> LET'S SEE. I WOULD THINK ANYTHING WITHIN OUR CITY LIMITS IS LIKELY TO BE IN THE STROOP OF SOME KIND.

>> WHAT I'M TRYING TO GRASP AT AND I HAVE ASKED AND I HAVE ASKED AND I HAVE ASKED. WE KIND OF GOT SOME OF OUR COMMERCIAL LANDSCAPING REQUIREMENTS ALMOST IN WITH WHAT YOU DO AWAY. I'M GOING OUT THERE, BUT.

SPICHER RISK GROUP INDUSTRIAL DISTRICTS.

I DON'T KNOW ABOUT THIS. I GET WHERE YOU COULD HAVE LIPID OF LANDSCAPING REQUIREMENTS ALONG THE HIGHWAY WHERE IT COMES DOWN TO THE TIP. BUT WHEN YOU ARE AT THE YOU ARE AT THE MIDDLE OF AN INDUSTRIAL DISTRICT, HEIGHT LANDSCAPE, HIGH LANDSCAPE FOR THEM IS COMMERCIAL CHAIN LINKS.

SO I GET IT, THAT WERE, IF YOU GET INTO MORE OF A RETAIL ENVIRONMENT, YOU NEED TREES AND SHRUBS AND ALL THIS BEAUTIFICATION. I ALSO GET IT TO WORK WE HAD THE SOLAR PANELS UP THE ROAD. ALL OF THAT PROTECTION MECHANISMS WAS THERE WAS A LOT OF AT LEAST A RESPECTABLE AMOUNT OF BARTERING RESIDENTIAL. I THINK MORE UP THE SOUTH SIDE.

THERE WAS ALSO AN ELEVATION SYSTEM WHERE WE WERE TRYING AS BEST WE COULD WHEN WE KNOW WHAT WAS GOING TO BE SEEN TO QUICK WE CAN DRIVE IN YOUR KIND OF OUTSIDE OF MIND IF WE MAKE IT.

[02:00:04]

SO YOU KNOW ME. I DON'T HAVE A BIG PROBLEM WITH ROCK. I MEAN, GOOD LORD.

IT IS EASY TO UNDERSTAND IF IT IS NOT COMING OUT OF YOUR OWN POCKET. BUT IN THIS SITUATION, I WOULD ASSUME NEXT MAINTENANCE, THIS IS NOT A HIGH-TRAFFIC ENVIRONMENT.

I'M AT ODDS OF WHAT TO DO. I'M GOING TO RELY ON THE OTHER COMMISSIONERS. I DO HAVE A SIDE OF ME THAT WANTS TO GET -- TO BE FAIR TO OUR FIRE DEPARTMENT AND AT LEAST COME TO THE FRONT GATES SAFELY UNCONQUERED.

BUT I DO GET THE EFFECT OF IF WE ARE INTO BUSINESS AND I HAVE BEEN CONFRONTED WITH THESE CHOICES.

THEY ARE BIG BUSINESS, BUT IT DISTILLS A COST.

I DON'T KNOW THE ANSWERS. I NEED YOU TO EXPLAIN TO ME WHY THEY WOULD NEED IN THAT ENVIRONMENT, ALL THESE TREES AND SHRUBS OTHER THAN THAT IS WHAT IS IN OUR ORDINANCE.

WHY DO THEY NEED THAT? >> WILL CONDUCT BATTERY ENERGY STORAGE SITE, YOU KNOW, ZONING ORDINANCE NEVER CONTEMPLATED THE BATTERY ENERGY STORAGE SYSTEM. WE GENERALLY SPEAKING, WHEN WE TALK ABOUT STORAGE IN OUR ZONING CODE, WE TALK ABOUT SCREENING IT BY SOME MEANS, EITHER BY SOME KIND OF FENCING AND/OR LANDSCAPING. SO PART OF THE SINKING IS, WELL, MAY NOT BE PERFECT SOLUTION. BUT IT IS SOME FORM OF STORAGE.

THEY ARE KIND OF SIMILAR IN SHAPE AND SIZE, SHIPPING CONTAINERS. WE REQUIRE SOME KIND OF SCREENING FOR SHIPPING CONTAINERS.

SO AGAIN, IT IS SORT OF AN IDEA OF HOW CAN WE SCREEN IT? WE TALKED ABOUT BERMS AND ALL THESE IDEAS.

THE HEIGHT OF THE ROAD I BELIEVE IS 7 FEET, I THINK ALLISON POINTED THIS OUT. THE HEIGHT OF THE ROAD IS 7 FEET ABOVE GRADE. AND RENTED THE DISTANCE IS A GOOD 600 FEET. SO IT WAS NOT GOING TO DO A WHOLE HECK OF A LOT AND WE ADMIT EVEN SOME TREES AND A MIX OF SHRUBS OUR DOCUMENTS ARE COMPLETELY OBSCURE THE VIEW.

BUT THE IDEA IS TO DO SOMETHING AND TURNS OF SCREAMING -- SCREENING AND BEAUTIFICATION AND SOFTENING THE SHARP INDUSTRIAL EDGES PLUS TRYING TO BE CONSISTENT WITH OTHER THINGS THAT WE HAVE DONE COLLECTIVELY OVER TIME AND YOU VOTED ON SOMETHING. BUT AS I WAS MENTIONING SEVERAL S.U.P.'S WERE ON BOARD THE S.U.P. FOR THE SOLAR FARM SO THOSE WERE WHAT WE WERE LOOKING AT.

IN THE SENSE OF TRYING TO BE CONSISTENT AND FAIR.

>> IS THERE ANOTHER THING YOU ARE REFERRING TO ON 663?

>> IS, THE SOUTH WIND BY THE WATER TOWER?

>> YES. I'M JUST TO GET US BACK DOWN TO GROUND DAYS. I JUST DON'T SEE IN THE HEAVY INDUSTRIAL FORMAT, IF THIS WAS OVER -- MAY I THINK FROM WHATEVER IS AGAINST 67, WE NEED TO DO SOME LANDSCAPING.

THIS IS HEAVY INDUSTRIAL APPLICATIONS.

SO I DON'T GET WHAT WE ARE GAINING ON THE INDUSTRIAL.

A LOT OF WHAT WE:IS THE BIG ELECTRICAL APPLICATIONS.

THAT IS JUST ME. I WILL LET THE COMMISSIONERS

WEIGH IN. >> REFERENCED THE ENCORE STA STATION. THE WATER TOWER.

WE DID SCREEN TO A DEGREE BECAUSE I THINK IT WAS SURROUNDED BY RESIDENTIAL. AND JUST WANT TO PLAY OUT THAT THAT YOU MENTIONED THE PENS MISSION LINE THAT RUNS ALONG THAT ROAD. THERE'S NO POTENTIAL FOR SCREENING. WHEN THE VEGETATION MANAGEMENT COMES THROUGH. WE WOULD NOT BE ABLE TO SCREEN.

I THINK IT FACES OUTSIDE OF THEIR CITY LIMITS.

THAT THIS MAY BE ONE POTENTIAL SIDE.

THE OTHER THREE SAID, I DON'T THINK REALLY WORK FOR US AS FAR AS OUR TRANSMISSION FACILITIES AND KIND OF YOUR POINT.

>> OKAY, ANY OTHER QUESTIONS, COMMENTS?

>> I HAVE A COMMENT.

IF I MAY. JUST REAL QUICK TO THE POINT OF ANOTHER REASON ON LANDSCAPING, IT MAY NOT BE PERSUASIVE.

[02:05:01]

IT IS JUSTYN IS THE POINT. WASN'T PERFECT, THE ME SEE IF I CAN FIND IT. OKAY.

SO ONE OF THE EARLY CONVERSATIONS WE HAD WAS WHEN THIS WAS INITIALLY THOUGHT OF AS NATURAL CONDITIONS TO REMAIN.

YOU HAVE ALL THIS DISTANCE BETWEEN HERE AND 67.

THERE WAS NOT ANY REAL PRACTICAL WAY TO SAY, HOW WOULD YOU KEEP THAT AREA AS A BUFFER? IF HE REALLY WANTED TO CODIFY IT AND SOMEHOW BE ABLE TO ENFORCE IT AS A BUFFER? IF YOU SO WANTED IT, SO ONE OF THE SIMPLER SOLUTIONS WAS SIMPLY JUST TO SAY, LET'S JUST FOCUS ON THE LANDSCAPING AND HAVE TREES THAT WOULD BE INSTALLED HERE SO AT LEAST WE HAVE AN ENFORCEABLE LIMITED FIND AREA OF SOME TREES AND SCREENING JUST IN CASE I KNOW IT MIGHT NEVER HAPPEN. BUT HAVE TO WRITE ABOUT THOSE LOW PROBABILITY EVENTS. IF ALL THE TREES THAT WERE HERE ALL BURNED DOWN, FLEW AWAY, BUT TORE UP, WE STILL HAD SOMETHING THAT WE COULD ENFORCE BECAUSE WE CAN'T REALLY ENFORCE AND SAY, MAINTAIN NATURAL CONDITIONS AND PERPETUITY.

THAT IS NOT A REAL PRACTICAL THING.

SO THAT WAS ONE OF THE REASONS ALSO FOR HAVING THIS LANDSCAPE BUFFER WITH TREES EVEN ON THAT SIDE.

>> THE ONLY OTHER THING I WOULD ASK YOU IS I DON'T WANT A THE RC

MEETING -- >> TREE WHAT?

>> TREE PLATTERS. INSTEAD OF THESE FOLKS PUTTING ALL OF THIS, HE HAS TO HAVE IT. THEY ARE GOING TO HAVE SOME TREES. I KNOW THE MENTIONED TO ME PUTTING IN ALL OF THE IRRIGATION.

WE WHEN WAS MORE OF A LOT OF TEXAS-BASED SOUTHERN, LIKE, VEGETATION BASED. AND THE TREES WERE TEXAS-BASED WITH WHAT WE CALL TREE PLATTERS ON THEM THAT FILL UP WITH WATER AND THE WATER THAT TREE UP ON THEIR OWN.

>> OKAY. AND WE DO HAVE THEIR SKIPPING PROVISIONS IN OUR ZONING ORDINANCE.

AT LEAST THE ZONING ORDINANCE, DOES NOT SPECIFY THAT AS AN OUT FROM DOING IRRIGATION ALTHOUGH SOME CITIES DO.

MAYBE IF THERE'S SOMETHING THERE MAY BE A LANDSCAPE ARCHITECT THAT IS LESSONS CAN VERIFY. CAN SAY THIS IS THERE ESCAPED PLANTINGS AND HERE IS THE METHODOLOGY AND YOU DON'T NEED AS MUCH IF ANY IRRIGATION. MAYBE THE CAN BE SOMETHING YOU ALL CAN DISCUSS. I THINK THE ONLY SITE I'M AWARE OF, I MAY HAVE MISSED SOMETHING. A LOT OF ONCOR SITE TO THE NORTH, OUTSKIRTS OF TOWN. VERY LITTLE DEVELOPMENT ANYWHERE AROUND DID NOT MAKE THEM PULL A LINE JUST FOR IRRIGATION ON THAT SITE AND THEY DID SCREENING WALL AROUND IT.

THAT WAS A SMALL ELECTRICAL SUBSTATION.

NOT MERELY AS LARGE. >> IS THAT WITHIN THE HEAVY

INDUSTRIAL DISTRICT? >> I DON'T REMEMBER THAT.

IT WAS HARDLY ANY DEVELOPMENT AROUND AS FAR AS EXISTING

CONDITIONS AND NO IRRIGATION. >> OKAY.

>> WHILE EVERYONE IS PONDERING THE MOTION, LET ME -- I JUST WANT TO -- I JUST WANT TO MAKE A NOTE OF THE ORDINANCE THAT WAS IN THE PACKET. IN THE PROCESS OF GOING BACK-AND-FORTH THE EDITS, I MANAGED TO FLIP-FLOP THE LEGAL DESCRIPTIONS IN THE ORDINANCE SO THAT IS WHAT IS SHOWING IN THE ORDINANCE THAT IS IN YOUR PACKET IS IS -- AND TRIKE02 NEED TO BE FLIP-FLOPPED IN THEIR REFERENCES. I HAVE GONE AHEAD AND FIXED T THAT. IT WON'T IMPACT THE MOTION.

JUST BE AWARE OF THAT. JUST KIND OF TECHNICAL THING WITH RESPECT TO WHAT IS IN THE PACKET.

>> DO I HEAR A MOTION? IF NOT, I WOULD LIKE A MOTION TO

APPROVE THIS. >> IS THERE A SECOND?

NO SECOND? >> I WILL SECOND.

>> OKAY, WE HAVE A SECOND. >> FOR CLARIFICATION, JUST FOR

[02:10:07]

OUR STAFF'S PURPOSES, THAT ALLOWS FOR 36 IN STEAD OF 30-INCH. AND REMOVAL OF THE 35-FOOT

HEIGHT. >> WE CAN LEAVE THAT.

>> WE CAN'T RELATE THE HEIGHT. -- REGULATE THE HEIGHT.

>> OKAY. >> I WANT TO CLARIFY, BUT LANDSCAPING IRRIGATION AND REQUIREMENTS TO THE STAFF

SUBMISSION. >> NO.

>> OKAY.

>> AND THE ONLY OTHER THING THAT WE DID THIS, AND I DON'T KNOW THE TRUE ANSWER IS THE CONCRETE DRIVE ALL THE WAY TO THE FRONT GATES FIVE OR 600 FEET. I'M THINKING SINCE THAT IS ALL WE DISCUSSED, THAT IS THE PREFERENCE OF STAFF.

>> YES. >> IT HAS ALREADY BEEN SECONDED.

SORRY ABOUT THAT. >> OKAY.

>> YOU WANT TO MODIFY YOUR MOTION?

>> LET'S DO IT THE CLEAN WAY. ALL IN FAVOR OF THE MOTION.

ALL OPPOSED? OKAY.

THE FLOOR IS OPEN FOR A MOTION. >> I DON'T -- WHAT IS STAFF'S -- FAMILIAR WITH THIS PROPERTY.

WHAT I'M LOOKING FOR IS A WAY TO PROVIDE VEGETATION ON SOME APPLICATION OF VEGETATION AND I'M LOOKING FOR WAY TO NOT HAVE TO GET INTO THE FULL IRRIGATION SYSTEM AND GIVE THEM SOME WE READY GHOSTLY WAY. TREES, THE NECESSARY IRRIGATION PROGRAM. I'M OPEN TO THE COMMISSIONERS.

I'M REALLY STUCK IN THE MIDDLE OF THE 600-FOOT CONCRETE.

I'M OPEN TO LISTEN TO WHATEVER YOU WANT TO SAY.

>> CONCRETE TO GATES JUST FOR THAT ALONE.

AS FAR AS THE VEGETATION IS CONCERNED, IT SEEMED LIKE A LOT OF OVERKILL SETTING THAT. I DON'T KNOW HOW TO GET AROUND IT COULD THE. THERE IS PROBABLY SOME KIND OF MINIMUM THERE. I THINK WITH THE STAFF HAS RECOMMENDED IS OVERKILL. -- WHAT THE STAFF HAS

>> CORRECT. >> IT IS NOT THE WHOLE LOT.

>> CORRECT. >> WHAT WOULD BE WRONG WITH T THAT? I CAN UNDERSTAND MAYBE NOT AS

GIVING THE WHOLE. >> RIGHT.

YEAH. AND THAT WAS NEVER ASKED FOR.

SO THIS IS THEIR PERIMETER SECURITY FENCE AROUND THEIR SYSTEM. AND REALLY THIS IS THE POOL PROPOSED LANDSCAPE PLAN. NO TREES.

SO -- >> THEY PROPOSED THAT?

>> YES, SIR. YEAH.

SO THAT COULD BE ONE THING YOU ALL CAN THIS, AND CONSIDER IS CONSIDERED WHAT HE USUALLY REQUESTED.

THAT IS A FAIR CONSIDERATION WHICH WOULD BASICALLY BE THAT AREA WITH THE GRASSES AND SHRUBS AND YOU WOULD NOT HAVE ANY OF THE SHORTER AND TALLER TREES. STILL THE QUESTION OF IRRIGATION BUT AGAIN, YOU KNOW, IF THIS IS A 600-FOOT RUN ASSUMING YOU PUT ONE FIRE HYDRANT THERE, I MEAN, YOU STILL SOME DISTANCE TO GO BECAUSE, I MEAN, I KNOW THIS IS A RELATIVELY NEW SYSTEM.

I THINK IT WAS MOST LETTING THAT HAS BEEN DISPUTED IF A FIRE WAS OR WAS NOT CAUSED BY THE SYSTEM. IT SEEMS LIKE THAT IS A GOOD REASON TO MAKE SURE THEY HAVE ADEQUATE FIRE PROTECTION.

IN MY MIND, THAT MEANS THERE'S A WATERLINE.

[02:15:01]

SO I GUESS IN MY MIND, AND NO IT IS OTHER PEOPLE'S MONEY BUT I'M TRYING TO BE FAIR AND COGNIZANT OF THESE COSTS.

MY MIND, THAT MARSHALL COST OF THE IRRIGATION SYSTEM NOT FULLY PERSUADED BY BUT, YOU KNOW, IF YOU ALL AGREE AND CONSIDER THAT MAYBE EITHER IT IS SOMEWHERE BETWEEN BUT THE APPLICANT ASKS

AND WHAT STAFF ASKS OR BESIDE -- >> I DON'T HAVE AN ISSUE AND EXPECT THERE TO BE IF I HUNDRED. IT IS GOING TO BE OUTSIDE THE GATES. CORRECT?

>> MY UNDERSTANDING, I'M NOT AT THE FIRE MARSHAL.

MY UNDERSTANDING IS THEY NEED 600 FEET FROM THE BUILDING.

SO IF THIS IS THE WATER LINE AND EVEN IF THERE'S A FIRE HYDRANT THERE AND THAT 600 FEET, I MEAN, JUST DOING THE MATH THIS AREA IS NOT COVERED. I'M JUST SAYING THEY ARE ALREADY

RUNNING WATER. >> IT IS USUALLY 600 FEET FROM

THE PROPERTY OWNER, YES OR NO? >> THIS, NOT A NEED FOR IT.

JUST A DEDICATED FIRE LINE. A METER ON IT.

THAT IS AN ENGINEER QUESTION. OKAY.

>> SURE. I WILL GIVE IT A SHOT.

SO I WOULD MAKE A MOTION TO APPROVE WITH THE CONCRETE PORT FOR THE ENTRANCE OF THE GATE OR TO THE GATES AND SCREENING VEGETATION AS PRESENTED BY THE APPLICANT WITH ADEQUATE IRRIGATION. TO COVER IT.

>> ONE DEPARTMENT OF CLARIFICATION, SINCE ENCORE DID NOT SUBMIT A PLAN, WOULD IT BE FAIR TO SAY THAT WHATEVER WE ASK OF ESVOLTA, WE WOULD ASK OF ENCORE? THAT WOULD JUST BE MY POINTS OF CLARIFICATION.

>> I WOULD AGREE THAT, YES. >> OKAY.

>> DO WE HAVE A MOTION AND A SECOND?

>> SECOND. >> OKAY.

ANY FURTHER DISCUSSION? ALL IN FAVOR, AYE.

ANY OPPOSED? IT IS UNANIMOUS.

>> I WILL FIGURE OUT WITH STAFF BEFORE WE GO TO THE COUNCIL.

[014 Conduct a public hearing and consider and act upon an ordinance amending The City of Midlothian Comprehensive Plan and Thoroughfare Map by supporting the northern alignment for the future expansion of FM 1387 in the city’s ETJ. (Case No. OZ01-2023-014). ]

A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN COMPANY HAD TO PLAN AND THOROUGHFARE MAP BY SUPPORTING THE NORTHERN ALIGNMENT FOR THE

FUTURE EXPANSION. >> THANK YOU, CHAIRMAN.

THIS IS AN AGENDA ITEM OF MODIFYING OUR THOROUGHFARE PLAN IN THE SECTION OF THE CITY. THIS IS FM 1387 IF YOU HAVE KEPT UP WITH SOME OF THE DISCUSSIONS AS OF LATE.

THERE'S A DISCUSSION IN THE ASSIGNMENT -- SOUTHERN ALIGNMENT EAST OF A BOUNDARY. IF YOU LOOK AT THIS RIGHT HERE, OUR BOUNDARY, OUR CORPORATE BOUNDARY, I'M SORRY, INSET LUNG BRANCH ROAD. AND ALL OF THIS COULD THE DISCUSSION IS EAST OF THERE. IT IS EAST OF LONGBRIDGE ROAD.

CORPORATE BOUNDARY STOPPING. EVERYTHING WE WERE DISCUSSING IS EAST OF OUR CORPORATE BOUNDARY THAT IS STILL WITHIN OUR TERRITORY AND JURISDICTION. IN THE DISCUSSION OF THE PAST SEVERAL MONTHS, I THINK IT IS ON HERE.

SO WHAT WE'RE DISCUSSING IS IS THIS AREA RIGHT HERE ON 1387.

AND SO WE MET ON OCTOBER 11TH AT THE REQUEST OF SEVERAL OF THE RESIDENTS OUT IN THE ETJ. AND PROBABLY THE COUNTY.

AND WHAT IT HAPPEN, WHEN WE AGREE TO THIS ETJ, WE GOT TO BECAUSE IT WAS ELLIS COUNTY, THE CITY OF LOXAHATCHEE, IT IS ABOUT 0504, IT MAY BE, AND LOOKED AND WE ALL, TOGETHER AND LOOKED AND HAD AN CT MODEL THE TRANSPORTATION SECTION TO THE EAST OF TOWN. WHAT WE ARE TO DO IS GET TO 35.

THAT IS KIND OF THE CITY OF LOXAHATCHEE COULD THE CITY OF MIDLOTHIAN ALL AGREED TO MATCH 1587 UP WITH 35.

I DON'T KNOW HOW FAMILIAR YOU ARE WITH THAT.

THAT WAS KIND OF OUR ULTIMATE GOAL TO GET OVER 35.

SINCE THE RESIDENTS CAME, WE HAD QUITE A BIT OF DISCUSSIONS AT OUR OCTOBER 11TH WORKSHOP. WE LISTENED TO TESTIMONY FROM THE RESIDENTS. THIS COULD SOME HERE TONIGHT.

[02:20:01]

I DON'T KNOW IF THEY PLAN ON THE SAYING ANYTHING.

BUT WHAT THE COUNCIL REQUESTED TO DO WAS MOVE THE ALIGNMENT FROM GOING TO THE SOUTH WHICH WOULD HAVE HIT AT ONCE AGAIN, I'M NOT FAMILIAR WITH HOW FAR. I DON'T KNOW HOW FAMILIAR YOU ARE. IT KIND OF THAT GENERAL AREA JUST KIND OF TRAINING TO THE SOUTH OVER THERE TO DISTURB ROAD. BUT WHAT THE COUNCIL REQUESTED FOR US TO DO WAS KEEP IT ON THE CURRENT ALIGNMENT AND THE CURRENT ALIGNMENT PIECE INTO 664 VILLA ROAD.

I DON'T KNOW. I GREW UP IN THAT AREA AND THERE WAS NOT ANYTHING AROUND AT THAT TIME.

JUST KIND OF NORTH OF THE THIRD DOG LAKEFRONT LOXAHATCHEE AND SOUTH OF -- SO THAT IS THIS GENERAL.

THAT IS KIND OF RIGHT OVER HERE. IT GOES INSTEAD OF SELF.

WHAT THEY CHOSE TO DO IS HAVE A GOAT NORTH INTO FM 664.

THAT IS BASICALLY WHAT WE ARE AMENDING HERE TONIGHT.

IS THE SOUTHERN ALIGNMENT OF THE EXTRATERRITORIAL JURISDICTION TO THE NORTHERN ALIGNMENT OF THE EXTRATERRITORIAL RESTRICTION.

WITH THAT, I WILL ANSWER ANY QUESTIONS.

>> WAS A LETTER WRITTEN THING THAT?

>> YES, SIR. THANK YOU VERY MUCH.

WE WROTE THAT PROBABLY LAST WEEK WITH THE INTENTION OF THE COUNCIL TO CHANGE THIS THOROUGHFARE PLAN AND OF COURSE, IT HAS TO GO THROUGH THE PROCESS AND THAT IS THE FIRST STEP OF THE LEGAL PROCESS OF CHANGING AND AMENDING THE COMPETENCE OF

PLANT. >> DID IT SAY THAT THE CITY

SUPPORTED -- >> YES, SIR.

>> OKAY. QUESTIONS?

>> ALSO THAT IT WOULD HAVE TO GO THROUGH THE PROCESS.

>> IS THE BOX, AS I LOOK AT IT, IT IS VERY VAGUE AND AS I HAVE BEEN THROUGH THESE THOROUGHFARE PLAN CHANGES BEFORE, ALWAYS

AFFECTS SOME PDS PROPERTY. >> YOU ARE EXACTLY RIGHT.

>> I FEEL LIKE I'M FLYING THAT -- I WOULD LIKE TO GET DOWN TO

THE HELICOPTER. >> THE PLANS DON'T GET DOWN HELICOPTER VIEWS. THEY ALWAYS TAKE THAT INTO THOUSAND FOOT VIEW BECAUSE THAT IS HOW WE DO TRANSPORTATION CONNECTIONS. I WILL SAY THAT THIS WILL PROBABLY AFFECT THIS PROPERTY BECAUSE IF YOU RECALL MR. ROGERS FROM THE POINT OF LUG WRENCH OVER TO 664, ONE OF THOSE HOUSES ARE UP ON THE RIGHT AWAY. AND EVEN IF IT WERE 120-FOOT RIGHT-OF-WAY, WHICH WOULD BE A MAJOR COLLECTOR IN TXDOT EVEN ONCE 150 WHICH THERE'S NO REASON WHY THEY WOULD NEED THAT.

I'M GOING TO SAFE 120-FOOT. IF YOU GO FROM 64 FROM THE MIDDLE OF THE CENTER LAND, FM 3,087TH OUT I DON'T THINK YOU'RE GOING TO HIT ANY OF THOSE PROPERTIES ARE THERE.

I DON'T THINK. YOU MIGHT HIT THAT LITTLE -- I'M SORRY. I DON'T MEAN TO EARN UP TO.

THERE'S A CATERING OR SNOW CONE STANDARD.

SOME KIND OF PLACE. THERE'S ALSO THE FIREWORKS STAND. YOU WILL PROBABLY LIMIT THAT,

TOO. >> YOU PULLED OVER OTHER ALIGNMENT WHICH CUT INTO A LOT OF THAT OVER CLOSER TO THE STORAGE BUILDINGS AT WHAT NOT. YOU ARE PULLING MORE IN.

SO YOU ARE NOT AFFECTING AS MANY PROPERTIES?

>> WE ARE SPLITTING THAT STORAGE UNIT.

SO SOUTHERN ALIGNMENT GOES SOUTH OF IT.

THE BEST TURNING 87 TO THE NO NORTH.

>> I DON'T RECALL EXACTLY HOW FAR OR HOW CLOSE BECAUSE THOSE WERE BUILT IN THE COUNTY. THOSE STORAGE UNITS COULD BE

RIGHT UP ON THERE. >> I WANT TO SEE HOW THIS NEW LINE LAYS. I'M NOT WORKING AT ANYTHING.

I HAVE NO IDEA WHAT I'M LOOKING AT HONESTLY.

>> WELL, YOU KNOW, NUMBER ONE, WE ARE REDOING THE COMPRESSIVE

PLAN. >> ONE OF THE BIGGEST SETS OF COMPLAINTS I HAVE GOTTEN FROM PROPERTY OWNERS.

WE ARE GOOD AT DRAWING LINES ON MAP PLUS.

THEY ALWAYS AFFECTS SOMEONE'S LIVELIHOOD.

>> NO MATTER WHAT, TRANSPORTATION AND THE TRANSPORTATION SYSTEM IS GOING TO AFFECT SOMEBODY'S LIVELIHOOD.

THAT IS WHAT THE CITY PAYS A LOT OF MONEY WHEN YOU START GIVING

CURB CUTS. >> IT IS NOT OVER ANY OF THAT.

WHEN WE DO THESE, I TELL YOU UPFRONT, I WANT MORE THAN THAT

BOX. >> WE CAN GO DOWN TO GOOGLE

EARTH. >> I CAN'T VOTE FROM THE BOX.

>> I THINK WE WILL HAVE SOME FOLKS WHO HAVE LITTLE BIT OF

LINE ON WHAT YOU ARE ASKING. >> ANYTHING ELSE FROM STAFF?

>> NO. >> WE DO HAVE SOME PEOPLE PRESENT WHO WISH TO SPEAK. CHARLES KING?

WOULD YOU IDENTIFY YOURSELF? >> RICHARD ROGERS, THIS IS LONGBRIDGE ROAD. SO THE SOUTHERN ALIGNMENT WOULD

[02:25:03]

GO DOWN THIS WEEK. THIS IS THE NORTHERN ALIGNMENT.

LET'S GUESS WITH THE RIGHT-OF-WAY IS.

LET'S SAY IT IS 80 FEET. I'M SORRY? OKAY. LET'S ADD 20 FEET ON EITHER SIDE. THAT IS WHAT WE ARE GOING TO BE HITTING. THAT IS PURE ENGINEERING FROM THE PODIUM.

YES, SIR. YEAH.

I MEAN, YOU KNOW, YOU MIGHT, YOU KNOW, THEY HAVE NOT DONE THE DETAILED ANALYSIS OF THIS BECAUSE WE ARE FLYING OUT OF CONDORS BUT YOU MIGHT TAKE OUT THIS LITTLE BIT BUT THEN YOU ARE BY THE CHURCH. SO I'M IN, NOBODY LIKES TO BUY PROPERTY. I'M NOT REALLY SURE.

IF YOU ONLY HAVE TO DO 20 FEET ON EITHER SIDE OF THAT, I DON'T KNOW. I'M NOT GOING TO ANSWER THAT.

>> WITH ALL DUE RESPECT -- >> YOU WANT A POINTER?

>> I NEED YOU TO INTRODUCE YOUR NAME AND YOUR ADDRESS.

>> CHARLES KING. MIDLOTHIAN.

>> YES, SIR. >> SINCE 1974.

>> OKAY. >> THIS IS -- LET ME HEAD THIS OUT. BUT.

>> THAT IS THE SOUTHERN ALIGNMENT OF THE ROAD.

>> EVEN THOUGH I HAVE BEEN TO ABOUT 40 MEETINGS ON THIS ROAD, I WILL DO AS GOOD AS I CAN. SHOW YOU THIS IS MY PROPERTY RIGHT HERE. THE SOUTHERN ALIGNMENT CLOSE TO COME DOWN TO THE MIDDLE OF MY PROPERTY THROUGH HERE IT INTO ALL OF THE NEIGHBORHOODS BEHIND THE CONNECT.

WHICH WE OPPOSE. THE NORTHERN STREET AND THESE TRIPS OUT HERE AND SOME HERE AND IT IS BASICALLY REDOING THAT EXACT ROAD THERE AND LEAVING THE -- ALL THE HOUSES, EVERYTHING WHERE IT IS. NOBODY IS OUT OF PLACE.

THEY ARE GOING TO WE DO THE EXISTING ROAD.

HE WON'T END UP WITH ANOTHER WROTE DOWN HERE.

A NEW ROAD WITH CONCRETE AND YOU WON'T HAVE THE OTHER VOTE TO MAINTAIN. WHAT I GAVE YOU THERE IS MY PROPERTY THAT WE BOUGHT IN 1998. AND THAT ROAD YOU WILL BE PUTTING RIGHT TO THE MIDDLE OF THE PROPERTY.

>> ARE YOU SAYING THAT WE ARE GOING WITH THE NORTHERN ALIGNMENT AND HE IS TALKING ABOUT THE INCIDENT ALIGNMENT.

>> HE WANTS US TO GO. >> YES.

I AM. FOR THE NORTHERN ALIGNMENT.

NO SOUTHERN OPTION. >> THE NORTHERN ALIGNMENT.

>> OKAY. >> ARE YOU SATISFIED WITH THAT?

>> YES, SIR. THANK YOU FOR YOUR TIME.

EXPECT I PRONOUNCE THAT RIGHT?

>> I'M JOY. >> OKAY.

>> I LIVE AT 415 BLACK CHANDLER ROAD.

IT IS IN THE EXPIRATORY TOLU JURISDICTION.

JUST ON THE OTHER SIDE OF THAT CURVE RIGHT THERE.

SO I AM AGAINST THE SOUTH OPTION AND FOR THAT NORTH OPTION.

I'M ALSO A MEMBER OF THE LONG BRANCH COMMUNITY MAP THAT PLEASED -- BAPTIST CHURCH AND WE HAVE ALSO ALLUDED THERE THAT THE NORTH OPTION WE FEEL IS BETTER FOR THE WHOLE COMMUNITY.

AND WE ALSO HAVE THAT PORTION OF LAND RIGHT THERE WHERE RIGHT ACROSS FROM THE LONG BRANCH ELEMENTARY QUICKLY THAT CURVE IS WHERE THE NEW BUILDING IS FOR THE FIREWORKS.

WE ARE MORE THAN HAPPY TO TALK WITH TXDOT ABOUT HOW YOU CAN PROVIDE SOME ADDITIONAL LAND TO SMOOTH OUT THAT CORNER AS WELL.

THE PASTOR HAS MADE THAT VERY CLEAR.

REALLY BUT I WANTED TO SAY TO YOU IS WE ARE THANKFUL THAT YOU HAVE TAKEN ALL THE TIME THAT YOU HAVE TAKEN TO LOOK INTO THIS SITUATION AND REALLY DECIDE AND CONFIRM THAT THE NORTH OPTION AS WE ALL SEE IS THE MOST REASONABLE OPTION SEEING, THE SO PEOPLE'S PROPERTIES IN HALF AND A HUGE ROAD BACKING LARGE NEIGHBORHOODS RIGHT ON TOP OF ALL OF THIS TRAFFIC WHEREAS THE INDIVIDUALS WHO ON THE PROPERTIES NOW A LONG 1387 CURRENTLY THERE, THEY WANT THEIR PROPERTIES KNOWING, THE ROAD WAS THERE AND EXPANSION IS PROBABLY NOT GOING TO BE A WHOLE

[02:30:02]

LOT OF SURPRISE FOR THEM AND SO WE JUST WANTED TO SAY THANK YOU FOR TAKING THE OPPORTUNITY TO THINK ABOUT THIS AND REALLY CONSIDER AND TAKE ACTION TO APPROVE AND CONFIRM THAT THE NORTH OPTION. THANK YOU.

>> THANK YOU. >> THANK YOU.

AND I REALLY DID SAY JOY. IT IS JUST A LITTLE TEXAS AC ACCENT.

>> MY PILLOW. -- MIKE BELOW.

>> 7081. ELLIS COUNTY.

I WANT TO THANK YOU ALL FOR ALLOWING US TO COME HERE TO PRESENT TO YOU. WE PRESENTED TO THE CITY COUNCIL AND IT WAS A GREAT OPPORTUNITY. WE ARE PROVISION OF OVER 300 HOMEOWNERS. PEOPLE WITH FAMILIES IN THIS AREA. IN OUR COUNTY COMMISSIONER SUPPORTS THE NORTH ALIGNMENT. THE SOUTH ALIGNMENT IS SO DETRIMENTAL TO OUR LIVES, TO OUR HOMES, TO OUR KIDS' PLAY BUT IT PUTS THIS VOTE IN OUR BACKYARDS. AND I'M JUST HERE TO SAY THANK YOU BOTH LISTEN TO US. TO ANSWER YOUR QUESTION, HE WANTS IT TO STAY ON THE NORTH SIDE.

HE CANNOT BE HERE TONIGHT. BUT HE WILL BE GLAD TO COME VISIT. THE NORTH SIDE IS WHERE HE BUILT HIS BUSINESS TO BE BIG NOT SOMEWHERE ELSE.

THAT IS WHAT HE WANTS IT TO S STAY.

IT WAS A GREAT OPPORTUNITY FOR US TO SEE HOW GOVERNMENTS WORK.

THEY WORK TO HELP PEOPLE. THEY LISTEN TO US.

MORE IMPORTANTLY, THEY HEARD US. THEY HEARD US.

AND THAT MEANT A LOT TO US. WE ARE IN ELLIS COUNTY.

THE THOROUGHFARE GOES, TXDOT LISTENS TO THREE PEOPLE RIGHT NOW. THE CITY OF MIDLOTHIAN, THE CITY OF LOXAHATCHEE, AND ELLIS COUNTY COMMISSIONERS.

AND WE NEED TO REMOVE THREE DOTS FROM THE.

LOOK -- THEIR BULLETIN. THE CITY OF LOXAHATCHEE WE ARE TALKING WITH THEM. WE HAVE ONE COUNCIL MEMBER AND WE ARE WORKING ON WHAT. WE HAVE BEEN WORKING CLOSELY WITH TO THE COMMISSIONERS. WE PACKED THE COMMISSIONERS, ABOUT THIS AND THEY HURT US. THE NORTHERN ALIGNMENT IS WHERE THIS ROAD NEEDS TO STAY. WE ARE WORKING WITH OUR COUNTY OFFICIALS TO SHOW THE OPTIONS TO GO THE OPTIONS TO GO BACK TO TXDOT AND SAY WE ARE NOT JUST BRING YOU A COMPLAINT.

WE ARE BRINGING YOU SOME IDEAS TO MAKE IT BETTER FOR ASSISTANCE BECAUSE THEY DESERVE ACCESS AND WE WANT TO DO THAT.

SO I THINK YOU. I THINK YOU FOR YOUR TIME.

THANK YOU FOR LISTENING TO AS. >> THANK YOU, SIR.

THAT IS ALL I HAVE. I BELIEVE.

YEP. SO WITH THAT, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> I MAKE A MOTION TO CLOSE. >> DO WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, AYE.

ANY OPPOSED? IT IS UNANIMOUS PICKUP THE FLOOR IS OPEN FOR DISCUSSION OR AC ACTION.

UNDERSTOOD IS A STRAIGHT ROUTE ACROSS THE 3500 NORTH ROUTE.

INSTEAD OF GOING STRAIGHT AC ACROSS.

>> WE TALKED 1387. ACROSS.

GGO TO 35. YEAH.

>> LONG BRANCH. GOING SOUTH.

>> I'M NOT SURE I UNDERSTOOD THAT.

>> THE SOUTH ROUTE. >> THAT WAS T THE PURPOSE OF THE SOUTH ROUTE.

[02:35:03]

>> IT MIGHT BE WHAT I WAS REFERENCING.

IT WAS DETERMINED. AND WHAT WE DO IS -- I THINK THAT WOULD BE -- I'M NOT SURE.

>> DOES THAT ANSWER THEIR QUESTION?

>> DISRUPT IS GOING TO TAKE AND THE EFFECT GOING SOUTH.

>> SMALL AREA. >> THERE IS A CLEAR SHOT ACROSS THE SOUTH. EAST OF 664 TO YOUR POINT.

THE TERM -- 664. THE PLANS ARE FOR 664 TO THAT FOUR TO MAKE IT SIX LANES ALL THE WAY DOWN THE 287.

IT COULD BE THAT WAY IN THE EAST-WEST SECTION AND THAT WOULD CARRY ON ALL THE WAY CELLS RIGHT NOW.

THE PLANS ARE CHANGING. >> THANK YOU.

>> IF I UNDERSTAND QUICKLY, 300 PLUS SIGNATURES YOU TALKED ABOUT OUR SIGNATURES IN FAVOR OF THE NORTHERN ROUTE AS OPPOSED TO THE SOUTHERN ROUTE. IS THAT CORRECT?

>> THAT IS CORRECT. OPPOSED TO THE STYLES ALIGNMENT IN FAVOR OF THE NORTH AND THEY BOTH ARE ACCEPTABLE BECAUSE TXDOT PROVIDED BOTH. THEY JUST WANT TO KNOW WHERE WE WANTED THEM. AND THE OPPOSITION TO THE NORTH ROUTE IN NUMBERS, HOW MANY WOULD YOU SAY THERE HAS BEEN SO FAR IN A POSITION THREE THAT HAVE SPOKE UP? THREE OPPOSED TO THE NORTHERN ROUTE.

>> YES. >> OKAY.

THANK YOU, SIR. ANY OTHER QUESTIONS OR DISCUSSIONS? OKAY.

IF NOT, I WILL MAKE A MOTION TO APPROVE STAFF'S RECOMMENDATION

OF THE NORTHERN ROUTE. >> SECOND.

>> MOTION AND A SECOND. ANY OTHER DISCUSSION? ANY OPPOSED? IT IS UNANIMOUS.

[015 Conduct a public hearing and consider and act upon an ordinance amending the development and use regulations of Planned Development District No. 78 (PD-78) to allow for an electronic message center on a pole sign (billboard). The property is located at approximately 1630 North U.S. Highway 67. (Z03-2023-07) ]

ITEM 15. CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT UPON AN ORDINANCE AMENDING THE DEPARTMENT AND USE REVELATIONS OF PLANNED DEVELOPMENT DISTRICT NUMBER 78 TO ALLOW, AN ELECTRONIC CENTER ON A POLE SIGN BILLBOARD. THE PROPERTY IS LOCATED.

MEDLEY 1630 NORTH U.S. HIGHWAY 67.

>> GOOD EVENING. SO WE HAVE A REQUEST FOR A BILLBOARD SIGN ELECTRONIC MESSAGE CENTER AT 1630 NORTH U.S. HIGHWAY. I BELIEVE THE COMPANY IS CALLED ACCESS HEALTH STORAGE AND THIS -- THE REQUEST WAS PREVIOUSLY HEARD ABOUT A YEAR AGO I BELIEVE IN NOVEMBER OF 2021 AND WAS DENIED AND THE GENTLEMAN HAS COME BACK AND ASKED AGAIN TO CONSIDER HIS REQUEST FOR A BILLBOARD ON THE PROPERTY.

FOR REASONS WHY, IN A STAFF WOULD RECOMMEND DENIAL OF THIS ONE IS THAT BILLBOARDS ARE PROHIBITED IN THE ZONING ORDINANCE, IN OUR SON, SIGNS ARE WITH -- WE HIT THOSE PROHIBITED FOR HEIGHTS GREATER THAN 25 HE. HE IS ASKING FOR 45 FEET.

AND ELECTRONIC MESSAGE CENTER HAS ALLOWED UP TO LESS THAN -- 32 SQUARE FEET AND HE IS ASKING FOR 429 SQUARE FEET.

SO THOSE WOULD ALL BE REASONS WHEN WE LOOK AT OUR ZONING ORDINANCE AND AIR SIGNING CODE, HOW WHAT HE IS ASKING FOR DOES NOT ALIGN IN ADDITION TO THE PRIOR DENIAL.

HERE IS FOR REFERENCE POINTS, THERE ARE POLLS ALREADY INSTALLED ALLOW BACK. THERE WAS PREVIOUSLY A BILLBOARD POLE SIGN THAT WAS A MONOPOLE STRUCTURE AND THAT WAS REMOVED.

THEN SOMETIME LATER, THESE TWO POLES APPEARED AND THEN MR. HUNT WAS DIRECTED TO COME AND ASK TO GET ZONING APPROVED AND HE HAS I BELIEVE ALREADY ACQUIRED THE ELECTRONIC MESSAGE CENTER.

SO HE IS VERY COMMITTED AND INTERESTING TO THE WRIT -- INTERESTED TO THE REQUEST. BUT AGAIN, ONCE WAS

[02:40:03]

DECONSTRUCTED, I WILL DEFER TO THE CITY ATTORNEY.

BUT FROM A PLANNING PERSPECTIVE, YOU LOST YOUR LEGAL NONCONFORMING WHEN YOU DECONSTRUCTED YOUR PUTS ON TO THAT. BUT THIS IS THE LOCATION.

U.S. 67. IT WOULD BE IN THIS CORNER HERE.

I BELIEVE WE HAVE A SITE PLAN. SO THE CORNER RIGHT THERE IS WHERE THE SIGN WOULD GO. BUT THIS IS A MOCKUP.

AGAIN, NOT ASKING FOR 45 FEET IN HEIGHT.

INSTEAD OF 35 AS PER. AND FOR ALL THE REASONS THAT STAFF HAS ALREADY RECOMMENDED THE REASON I REASON FOR DENIAL OF COURSE, WE HAVE RECEIVED ONE LETTER OF SUPPORT FROM THE APPLICANT FOR THOSE REQUESTS BUT NOT IN OPPOSITION.

THE APPLICANT IS HERE TONIGHT AND ALSO, HE HAS A VIDEO PRESENTATION HE WOULD LIKE FOR US TO PLAY.

WHILE THEY GET THAT CUTE AND READY, IF YOU HAVE ANY QUESTIONS AT THIS TIME, I'M HAPPY TO TAKE THEM.

OTHERWISE, WE HAVE A VIDEO. >> OKAY.

BUT I UNDERSTAND THIS IS THE SAME APPLICATION THAT CAME BEFORE. EXCEPT THEY ARE ASKING FOR HIRE

-- >> YES, SIR.

BUT OKAY. OUT OF THE DEBT, IT IS THE SAME

ONE. >> OKAY.

>> AND STAFF THIS CURRENT STUFF MAY NOT BE -- THIS IS ACTUALLY

THE THIRD TIME. >> OH, MY APOLOGIES.

>> OKAY.

>> M■IDLOTHIAN ISGROWING AND WE HAVE LOCALLY OWNED SHOPS RESTAURANTS, AND BUSINESSES. I AM DOUG HUNTER AND I BELIEVE OUT MIDLOTHIAN HOME TIME BUSINESSES ARE A CHALLENGE.

LOCATED IN THE DOWNTOWN AREA, AND AT OTHER LOCATIONS ALONG OLD TO 87. THESE BUSINESSES ARE THE CORE OF OUR LOCAL ECONOMY AND OFFERED THAT UNIQUE CULTURE AND AMENITIES THAT GIVE -- TODAY, THE USE OF THE INFORMATION SOURCES, FULL OF REPORTS THAT HAVE AN EFFECT ON BIG-BOX RETAIL. PERSON THEM OUT OF RECORD NUMBERS. RESULTED IN DEVELOPMENT AND FRANCHISES POPPING UP ON THE NEW HIGHWAY 287 BYPASS AND ALONG HIGHWAY 67, OUR HOTEL BUSINESSES ARE FACING AN INCREASING DIFFICULT COMPETITIVE ENVIRONMENT.

TODAY, THEY HAVE TO COMPETE FOR LOCAL AND CONSUMER SPENDING AGAINST LARGE NATIONAL CHAINS AND BIG-BOX RETAILERS WITH HUGE ADVERTISING RESOURCES. PUMP AS THE COMMUNITY, IT IS OUR RESPONSIBILITY TO HELP PRESERVE THE CULTURE AND CHARACTER OF OUR HOMETOWN BY DOING WHATEVER WEEKEND TO KEEP VISITORS COMING TO LOOK LYONS STORAGE MISSED ONE AND BUSINESSES.

THAT WE HAVE AN IDEA OF HOW TO DO JUSTICE.

INTRODUCING MIDLOTHIAN'S FIRST DIGITAL MESSAGE CENTER PROPOSED 40-FOOT BY 10-FOOT DISPLAY TO BE BUILT AND HIGHLY VISIBLE LOCATION WITHOUT YOUTH NORTH OF DID WE ON HIGHWAY 679TH 679TH STREET. BOTH NORTH AND SOUTHBOUND TRAFFIC MESSAGE CENTER IT WILL ALLOW LOCAL BUSINESSES TO GET THE WORD OUT TO NEARLY 50,000 CARS THAT PASSED BY DAILY.

ITS ARCHITECTURAL WILL KEEP WITH THE STANDARDS TO CREATE AN ATTRACTIVE DISPLAY. THE SCREEN WILL FEATURE HIGH DEFINITION STATE-OF-THE-ART DAYLIGHT VISIBLE DIGITAL TECHNOLOGY THAT WILL DISPLAY MESSAGES AND VIVID COLOR.

IMAGE QUALITY THAT COMMITS A TOUCH FROM THE FREEWAY.

ARE ROOTED IN MESSAGE MODEL WILL ABOUT LOCAL MERCHANTS TO POST THEIR MESSAGES AT VERY AFFORDABLE RATES AND EVEN USE THE MESSAGE CENTER ON 50% SHARED BASIS MAKING IT DOUBLY AFFORDABLE FOR VIRTUALLY ANY BUSINESS.

AS A SERVICE TO THE COMMUNITY, PARTIALLY THIS WILL BE PROVIDED AT NO COST TO THE PUBLIC. LOCAL CIVIC EVENTS, PROJECTS, SCHOOL ACTIVITIES, FUNDRAISES, AND MORE.

THE MESSAGE CENTER WILL ONLY BE USED TO PROMOTE LOCAL BUSINESSES AND EVENTS. NO OUT-OF-TOWN FRANCHISES OR LOCAL PRODUCTS WILL BE SHOWN. IN TODAY'S COMPETITIVE BUSINESS, ENVIRONMENT, IT IS VERY IMPORTANT TO PROTECT AND SUPPORT THE BUSINESSES WHOSE UNIQUE QUALITIES MAKE OUR COMMUNITIES STAND OUT. DIGITAL MESSAGE SENATE WILL DO THAT MISSION THOUSAND PEOPLE FOR OUR LOCAL HOMETOWN BUSINESS.

IT WILL PROVIDE ADDITIONAL TAX REVENUE, BEING GOOD INVESTMENT IN THE HEALTH AND FUTURE OF MIDLOTHIAN.

WE WILL ATTRACT BUSINESSES TO MIDLOTHIAN AND TO MAKE IT A

[02:45:03]

COMMUNITY THAT OFFERS CONSUMERS A HOMETOWN SHOPPING EXPERIENCE AND A CULTURE THAT REFLECT THE CHARACTER OF OUR COMMUNITY.

STUDIES SHOW THAT OUR CITIZENS WANT MIDLOTHIAN TO REMAIN A COMEDIC WITH EDICTS MILITANT CULTURE AND THEIR VALUES AND BENEFITS THAT COME WITH IT. BUT THAT IS WHY PEOPLE MOVE H HERE. THEY RAISED THEIR KIDS HERE AND GROW THEIR BUSINESSES HERE. AND IT IS UP TO US TO HELP PROVIDE A LEVEL PLAYING FIELD SO THAT THESE SMALL BUSINESSES CAN THRIVE FOR THIS NEW DIGITAL MESSAGE CENTER IT WILL BE A VERY AFFORDABLE AND EFFECTIVE WAY TO DO THAT.

PLEASE JOIN US IN SUPPORTING OUR HOMETOWN BUSINESSES AND HELP SECURE THE FUTURE OF OUR COMMUNITY BY APPROVING THE FIRST MIDLOTHIAN DIGITAL MESSAGE CENTER.

THANK YOU. BUT.

>> OKAY. DOUG, DID YOU WANT TO SAY

ANYTHING ELSE? >> SAME THING.

I HAVE BEEN TRYING TO COMMODE FOR THE LAST COUPLE OF YEARS AWAY FOR THE SMALL BUSINESSES YOU PUT INTO COMMUNITY TO GET THEIR MESSAGE OUT TO ALL THE PEOPLE DRIVING BY POP SO IT IS THE BUSINESSES DOWNTOWN THAT HAVE A HARD TIME.

AT THE SMALL BUSINESSES HAVE A HARD TIME.

IS GETTING EVEN HARDER WITH THE ECONOMY.

THAT WE ARE NOW. PER WEEK OR LOCAL COMPANY.

I LIVE OVER THERE FOR MY STORAGE FACILITIES ARE HERE.

IN THE DALLAS AREA. HALF OF THEM ARE DOWN SOUTH AND DOWNTOWN DALLAS. I HAVE A BOARD SIMILAR TO.

>> I HAVE GONE TO STORAGE FACILITY ON 67 AND A LOT OF COMMITTEE SPONSORSHIPS. WE DON'T NEED A LOT OF TOWN TO DIFFERENT MEDIA EVENTS. AND ALL OTHER LOCATIONS AND WE WOULD DO THE SAME THING HERE. WE ARE WILLING TO DO THE RESTRICTION OR WHATEVER IT TAKES TO YOU KNOW, SURE THE COMMISSION THAT ALL THE ADVERTISING WILL BE FOR LOCAL BUSINESSES AND NOT FOR, YOU KNOW, LARGE GRANTS OR ADVERTISING.

>> WOULD YOU IDENTIFY YOURSELF FOR THE RECORD?

>> DOUGLAS HUNT, 610 CREEK VIEW CIRCLE.

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

DON'T HAVE ANYBODY ELSE START UP.

I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION AND A SECOND.

ALL IN FAVOR, I GO. ANY OPPOSED? UNANIMOUS. THE FLOOR IS OPEN FOR DISC DISCUSSION. COULD YOU CLARIFIED AGAIN ABOUT TAKING DOWN THE POLLS COULD CHANGE WHAT?

WERE THEY LOST THEIR -- >> LEGAL NONCONFORMING STATUS.

>> COULD YOU EXPLAIN THAT LITTLE?

>> I DON'T HAVE MY REPORT IN FRONT OF ME.

I FORGET THE EXACT YEAR. BUT I HAD THE SATELLITE IMAGES SO YOU CAN SEE THERE WAS A MONOPOLE BOARD SIDE THAT IS DECONSTRUCTED. SO BY TAKING IT DOWN COMPLETELY TO THE GROUND LIKE THAT, AND THE CITY DISAGREES WITH ME.

BUT AT LEAST FROM A PLANNING PERSPECTIVE, JANUARY THOUGHT OF AS A GOOD WAY TO LOSE YOUR LEGAL NONCONFORMING RIGHTS.

>> THAT IS EXEC OPINION. IT WAS PART OF THE REASON THE REZONING APPLICATIONS THIS BEING SAID ONE IS SUBMITTED TO THE CITY. ANYWAY YES.

>> LA PEOPLE CALL IT GRANDFATHERING.

MAYBE FOR THE GENERAL PUBLIC, IF THERE IS A PROCESS IN WHICH YOU CAN USE THAT RIGHT OR THAT STATUS.

IS NOT LIKE I DID IT ONCE, I CAN I SOMEHOW KIND OF LAID CLAIM TO

POTENTIALLY DO SOMETHING. >> IT YOU COULD THE ZONING ORDINANCE HAS A PROVISION TO ALLOW EXISTING BILLBOARD SIGNS TO BE NOT NECESSARILY UPGRADED SO WE CAN TAKE A STATIC SIGN AND TURN IT INTO AN ELECTRONIC MESSAGE SIGN.

BUT YOU CAN'T FIX SO THAT IT CAN CONTINUE TO FUNCTION AS AN EXISTING BILLBOARD. I THINK THE ONLY ONE LEFT IS THE ONE UP BY THAT STRIP CENTER. I THINK EVEN THE ONE ON MAIN STREET TIED INTO THE REZONING WE HAD HERE, WHICH WAS REQUIRED TO COME DOWN AS PART OF THAT REZONING APPLICATION.

[02:50:04]

SO THE THE 163 IS THE ONLY ONE LEFT IN THE CITY AS TO

ACKNOWLEDGE AT THIS POINT. >> OKAY.

>> IF NOT, I WOULD MAKE A MOTION TO DENY.

>> SECOND EXPECTS EMOTION AND A SECOND.

ALL IN FAVOR, EYE. ANY OPPOSED? IT IS UNANIMOUS. ITEM 016 CONDUCT A PUBLIC

[016 Conduct a public hearing and consider and act upon an ordinance amending the zoning of ±42.876 acres out of the Larkin Newton Survey, Abstract No. 729 and the J.T. Rawls Survey, Abstract No. 933, by changing the zoning from Planned Development No. 4 (PD-4) to Planned Development No. 165 (PD-165) for industrial uses. The property is generally located at 975 US Highway 67. (Case No. Z45-2022-177). ]

HEARING CONSIDERING ACTIVE PART ZONING OF 42.876 PLUS ACRES OF THE LARKIN NEWTON SURVEY. AND THE JT RAWLS SURVEY.

BUT CHANGING THE ZONING FROM PLANNED DEVELOPMENT NUMBER FOUR TO PLANNED DEVELOPMENT NUMBER 165 FOR IT IS TRULY USES.

THE PROPERTY IS GENERALLY LOCATED AT 975 U.S. HIGHWAY 67.

>> THANK YOU, CHAIRMAN, COMMISSION, AGAIN, OF THIS EVENING IT IS FOR AGENDA ITEM NUMBER 60 FOR CASE NUMBER Z45-20 22-1 77. AS YOU GUYS REMEMBER, THIS WAS PRESENTED BEFORE YOU GUYS MONTH. THERE WAS A LOT OF INFORMATION THROWN, BUT WAY AND SO THE GUIDANCE OF THE COMMISSION, WE PUSH THIS CASE TO THIS MONTH. AND THE APPLICANT, IN THEIR HEARD YOUR COMMENTS IF YOU WILL AND WE WILL SHOW WHAT THEY REVISED IN THE PRESENTATION H HERE.

QUICK THAT CURRENT INFORMATION. JUST UNDER 43 ACRES, 42.9 ACRES CURRENTLY UNDER SITE WITH JUST THIS.

IT IS ON THAT PROPERTY. AND THE ZONING PROPERTY PLANNED DEVELOPMENT AND THIS IS JUST A LARGER VERSION INTERSECTION 67 AND 287. AGAIN, AS I MENTIONED, I CAN OUR OCTOBER MEETING TO CONTINUE INTO THIS MEETING.

AGAIN, A LOT OF THAT WAS LAST MUTED AND INFORMATION THAT WE PRESENTED TO YOU GUYS. DID NOT FEEL COMFORTABLE AND THEN AT THE TIME. SO BE POSTED TO THIS MONTH'S MEETING. SO CHANGES SINCE THAT OCTOBER MEETING THESE ARE JUST -- BUT THE APPLICANT INNOCENCE SIMPLIFY THE REQUEST. IF YOU GUYS REMEMBER, I GOT UP HERE AND I PRESENTED NEARLY THREE OR FOUR SLIDES WORTH OF WHAT THEY WANTED VERSUS WHAT THEY DID NOT WANT VERSUS S.U.P.S THE APPLICANT LIMITED 90% OF THAT INFORMATION ARE REQUESTED ROUGHLY I BELIEVE SIX PERMIT USES BEFORE.

WAS CONDITIONED ON THE CONCEPT PLAN.

AND AGAIN, WHEN OTHER NOTABLE CHANGE THAT REMOVE LABELS FOR THE BUILDING ON THE CONCEPT PLAN IF YOU GUYS REMEMBER ON THE LAST CONCEPT LAYOUT THEY HAD BUILDINGS LABELED AS HOTEL AND DIFFERENT THINGS LIKE THAT. THAT HAS BEEN REMOVED NOW.

BUT SO TWO THINGS THEY KNOW THAT THEY WANT.

TO TWO LOTS THAT WE MENTIONED LAST GO-ROUND WHICH I WILL GO TO IN A SECOND. THE APPLICANT HAS KIND OF DOUBLE DOWN ON THOSE USES BOTH OF THOSE LOTS.

AND THAT REQUIREMENT OF THE DETAILED SITE PLANS.