[001 Citizens to be heard-The Planning & Zoning Commission invites citizens to address the Commission on any topic not already scheduled for a Public Hearing. Citizens wishing to speak should complete a “Citizen Participation Form” and present it to City Staff prior to the meeting. In accordance with the Texas Open Meetings Act, the Commission cannot act on items not listed on the agenda.]

TO DETERMINE ACQUIRE THEM, WHICH WE DO HAVE.

THE NEXT ITEM, 001, CITIZENS TO BE HEARD.

THE PLANNING AND ZONING COMMISSION INVITE CITIZENS TO ADDRESS THE COMMISSION ON ANY TOPIC NOW RESCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE IS THE PARTICIPATION FORM AND PRESENTED TO THE CITY STAFF PRIOR TO THE MEETING IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA.

WE DO HAVE ONE PERSON SIGNED U , DEBORAH - -. IF YOU WOULD COME UP, STATE YOUR NAME, WHETHER OR NOT YOU LIVE IN THE

CITY, YOU HAVE THREE MINUTES. >> MY NAME IS DEBORAH - - I WOULD LIKE TO KNOW SINCE INDUSTRIAL PARK.

[INAUDIBLE]. MAYBE 1500 FT.B2, OR 1500 FEET.

IF THERE IS ANY WAY WE CAN PUT SOME BLACKTOP OR RESURFACE THAT ROAD INSTEAD OF THROWING GRAVEL ON IT.

ANYTIME IT RAINS, IT GETS A WASHBOARD AND WE HAVE POTHOLES ALL THE TIME. IT JUST GETS TIRESOME CALLING THE CITY TO FIX IT ALL THE TIME.

I THINK BEING IN THE CITY THAT LONG, WE SHOULD HAVE SOME KIND OF NOT PAVED ROAD BUT BETTER THAN GRAVEL ROAD OUT THERE.

I WOULD LIKE YOU ALL TO TRY AND CONSIDER DOING SOMETHING THIS YEAR ON JUST A LITTLE STRETCH WHERE WE ALL LIVE.

THANK YOU. >> THANK YOU.

THE ONLY CITIZEN TO BE HEARD THAT I HAVE, NOW WE WILL MOVE

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

TO ITEM 2. STAFF WILL REVIEW OF CASES OVER BY COUNCIL IN THE

LAST 60 DAYS. >> GOOD EVENING AND HOW ARE YOU

GUYS DOING? >> GOOD.

>> YOU WILL REVIEW A COUPLE OF CASES HERE.

AS YOU SEE ON THE SCREEN, THESE WERE THE LAST CASES THAT WENT NOVEMBER 14, I WILL START OF THE TOP WITH A SECONDARY REQUEST AT 3841 - - APPROVED SEVEN ÃZERO BY COUNCIL AND ALSO APPROVED BY TRAIN 87 Ã ZERO.

THIS WAS THE ONE WOMAN TOWN RESIDENTS CAME OUT, THAT WAS THAT CASE.HAT WAS APPROVED BY P&Z.

GOING OUT OF THE THIRD CASE, THE PD 28, THAT WAS REQUEST TO AMEND EXISTING PD REGULATIONS, THAT WAS THE CHANGE IN SETBACK . THAT WAS VOTED BY ÃWANT TO CONTINUE TO THE DECEMBER 12 CITY COUNCIL MEETING.

AS YOU GUYS KNOW, YOU GUYS VOTED 70 TWO FOR APPROVAL ON DECEMBER 12. LASTLY, THE SITE PLAN REQUEST IN THE KROGER RETAIL SHOPPING CENTER WAS APPROVED SIX ÃZERO BY COUNCIL AND P&Z VOTED TO APPROVE FOR THAT CASE AS WELL.

ANY QUESTIONS? >> QUESTIONS FROM STAFF?

>> THE ONE THAT WAS APPROVED 7-0 HERE AND DENIED 7-0, WAS THERE ANY GUIDANCE THAT P&Z CAN USE TO UNDERSTAND?

>> SHORT ANSWER THAT ONE, NO. ONE OF THE MAIN COMMENTS FOR THAT ONE, SIMILAR TO WHAT WAS AMONGST P&Z WAS THE DRAINAGE.

THAT WAS ONE OF THE MAIN THINGS.

I THINK STAFF MAY GO BACK TO THE DRAWING BOARD, BUT THAT WAS ONE OF THE MAIN THINGS TALKED ABOUT AT THECOUNCIL MEETING .

I THINK MORE PEOPLE CAME OUT AND SPOKE AGAINST THE P&Z MEETING IN THE ACTUAL COUNCIL MEETING, BUT WHAT THAT WAS ONE

OF THE MAIN TOPICS OFCONCERN . >> THAT PROPERTY WAS DOWNSTREAM FROM THE EXISTING DEVELOPMENT, CORRECT? THEY WERE OPPOSED TO FIXING THE DRAINAGE ISSUES?

[00:05:05]

>> THEY WERE OPPOSED TO DRAINAGE.

I WILL LEAVE IT AT THAT. ANY OTHER QUESTIONS?

>> ANY QUESTIONS? THANK YOU, SIR.

[CONSENT AGENDA]

WE WILL MOVE NOW TO THE CONSENT AGENDA.

ITEMS 003, 004, 005, 006 AND 007.

THEY WILL BE HEARD AND APPROVED AS ONE, SOMEONE WISHES TO

WITHDRAW. >> I WANT TO WITHDRAW ITEM 6.

>> ANYONE ELSE? OKAY, I WILL ENTERTAIN A MOTION TO APPROVE ITEMS THREE, FOUR, FIVE AND SEVEN.

>> AND MAKE AMOTION TO APPROVE ITEMS THREE, FOUR, FIVE AND

SEVEN . >> SECOND.

[006 Consider and act upon a request for a Final Plat for WMG, being +/-2.053 acres out of the William Rawls Survey, Abstract 915, City of Midlothian, Ellis County, Texas. The property is located on the west side of FM 663, north of Autumn Run Drive. (Case No. FP18-2023-100).]

>> WEHAVE A MOTION IN A SECOND , ALL IN FAVOR AYE.

ANY OPPOSED? IT IS UNANIMOUS.

WE WILL THEN OPEN UP CASE 006, CONSIDER AND ACT UPON REQUEST FOR A FINAL PLAT FOR W MG PLUS/MINUS 2.053 ACRES OUT OF THE WILLIAM RAWLS SURVEY. THE PROPERTY IS LOCATED ON THE WEST SIDE - - NORTH OF AUTUMN RUN DRIVE.

>> THANK YOU CHAIRMAN. THIS REQUEST IS FOR A FINAL PLAT OF 2.053 ACRES. THE PROPERTY IS CURRENTLY ZONED FOR A UV VPD FOR A DENTAL OFFICE.

THE PRIMARY PLAT WAS APPROVED ON JULY 19 AND IS FOR ONE NONRESIDENTIAL LOTS. IT IS LOCATED ON THE LEFT SIDE OF FM 663. CITY OF MIDLOTHIAN WILL PROVIDE WATER AND SEWER AND STAFF RECOMMENDS APPROVAL AS PRESENTED. I CAN ANSWER ANY QUESTIONS.

>> I JUST HAD A COUPLE OF QUESTIONS WITH POTENTIAL DEFECTS IN THE PLAT ITSELF. SO, WE HAVE THREE SPECIFIC EASEMENTS, ONE IS A DRAINAGE EASEMENT, ONE IS A SIDEWALK EASEMENT AND ONE IS ACROSS EASEMENT.

AS THOSE ARE NOT STANDARD EASEMENTS THAT ARE DEDICATED TO THE CITY OF MIDLOTHIAN, AT LEAST NOT WITHOUT TERMS, WHO THE BENEFICIARY OF THESE EASEMENTS ARE IS THE INTENTION OF ALL THOSE EASEMENTS TO BE MAINTAINED AND UTILIZED FOR THE

CITY OF MIDLOTHIAN. >> I CAN TELL YOU THAT THESE WERE ENGINEERING COMMENTS ON THE PLAQUES.

I CAN EXPLAIN THE - - I UNDERSTAND LOOKS A LITTLE STRANGE. ORIGINALLY, THIS WAS KIND OF ENVISIONED ON THE LOWER PART OF THIS, IT WAS KIND OF ENVISIONED THE THE DEVELOPMENT WHAT HAPPENED DOWN THERE.

PD REQUIRED THEM TO HAVE AN ACCESS EASEMENT ACROSS THE FRONTAGE OF THE LOTS. INSTEAD OF GOING BACK AND DEMANDING THAT PD TO REMOVE THAT REQUIREMENT, THE APPLICANT DECIDED TO GO AHEAD AND PROVIDE THAT, THAT IS A PUBLIC ACCESS, THAT EASEMENT. AS FAR AS THE DRAINAGE AND UTILITY EASEMENTS THAT GO ACROSS THE FRONT, IS THAT WHAT

YOU ARE SAYING? >> THERE IS A 5 FOOT SIDEWALK EASEMENT THAT RUNS ALONG THE ENTIRE RIGHT-OF-WAY.

IS THAT SIDEWALK GOING TO BE OWNED AND MAINTAINED BY THE

CITY POLICE. >> I DO NOT KNOW THAT.

IT WAS NOT IN THE NOTES WHO WOULD MAINTAIN IT.

THE DRAINAGE WOULD BE OUR RESPONSIBILITY.

YOU ASKING THAT BE ADDED TO THE NOTES?>> YES, ABSOLUTELY.

CLARIFY THE PURPOSE, RESPONSIBILITY AND MAINTENANCE

REQUIRED . >> ABSOLUTELY.

WOULD YOU BE WILLING TO MAKE A MOTION FOR CONDITIONAL APPROVAL

WITH THOSE? >> YES.

>> ANYONE ELSE? >> LET ME MAKE COMMENT WITH RESPECT TO THE DRAINAGE EASEMENT.

EVEN THOUGH IT MIGHT BE DRAINAGE EASEMENT DEDICATED, TYPICALLY POLICY AS I UNDERSTAND IT IS - - REALLY GOING TO BE A TRUE PUBLIC YOU MAINTAINED, YOU GET THIS FROM MIKE ALL THE TIME. WE HAVE DRAINAGE EASEMENTS BY PLAT SPECIFICALLY. SOMETIMES THERE ARE EVEN PLAT NOTES THAT DRAINAGE EASEMENTS ARE MAINTAINED BY THE PROPERTY.

>> I ABSOLUTELY WILL GET WITH MIKE ADAMS TO ENSURE THAT WHATEVER IS MAINTAINING THIS, THAT NOTICE PUT ON THE PLAT.

>> THAT WAS A LITTLE BIT DIFFERENT THAN WHAT ROSS WAS ASKING FOR. I JUST WANTED TO MAKE SURE, HE

[00:10:02]

WANTEDCLARIFICATION . FROM A LEGAL STANDPOINT, I DON'T WANT TO LEAVE IT OPEN FOR SOMETHING IT IS INTENDED TO

MAINTAIN. >> THAT IS THE ASKED THE COUNTRY THROUGH BURGER KING PARKING LOT.

I UNDERSTAND WHY IT IS THERE. JUST MAKING SURE HIS CLARIFY

WHO THE BENEFICIARY - -. >> UNDERSTOOD.

>> ANYONE ELSE? IF THE APPLICANT PRESENT? OKAY. ANY FURTHER DISCUSSION? WAS THE PLEASURE OF THE COMMISSION?

>> I WILL MAKE A MOTION TO APPROVE WITH THE CONDITION OR REQUIREMENT THAT THE DRAINAGE EASEMENT BE NOTED ON THE PLAT

AS THE BENEFICIARY. >> SECOND.

>> WE HAVE A MOTION AND THE SECOND, ANY FURTHER DISCUSSION? LL IN FAVOR, AYE.ANY OPPOSED?

[008 Conduct and act upon a request to allow a temporary alternative pavement (gravel) for parking spaces, being Lot 1, Block 1 of Liberty Baptist Church, City of Midlothian, Ellis County, Texas. The property is located at 5010 FM 663 (Renovation Church at The Peak). (Case No. M15-2023- 102).]

IT IS UNANIMOUS. WE WILL MOVE DOWN TO ITEMS 008.

CONDUCT AND ACT UPON A REQUEST TO ALLOW A TEMPORARY ALTERNATIVE PAVEMENT (GRAVEL) FOR PARKING SPACES, BEING LOT 1, BLOCK ONE OF LIBERTY BAPTIST CHURCH, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS.

THE PROPERTY IS LOCATED AT 5010 FM 663 (RENOVATION CHURCH AT THE PEAK). (CASE NUMBER M15-2023-

102). >> THANK YOU CHAIRMAN, OUR NEXT CASES FOR ITEM NUMBER EIGHT IN RELATION TO CASE 15 Ã2023 Ã 102. AGAIN, THIS IS FOR A GRAVEL PARKINGREQUEST FOR RENOVATION CHURCH AT THE PEAK .

THIS IS A SPECIAL EXCEPTION REQUEST, TOTAL SITE UNDER 80 ACRES AT 7.86 ACRES. THE PROPERTY IS ON SINGLE-FAMILY ONE AND AGRICULTURAL.

THE FUTURE LAND USE DESIGNATED AREA, THIS ON THE SCREEN - - GET YOUR BEARINGS, TO THE SOUTH IS MY GARAGE. THIS GIVES LITTLE MORE DETAIL IN TH SITE LAYOUT FOR THE APPLICANT IS PROPOSING . TO THE RIGHT-HAND SIDE - - ADDITIONAL PARKING. WITH EACH COMMON CONSISTING OF 34 SPOTS. RELATED TO THE STORY OF THE REASON FOR THE REQUEST, THE CHURCH IS CONTINUOUSLY GROWING AND I CANNOT THE APPLICANT SPEAK MORE TOWARDS THIS.

WHILE THEY ATTEND TO BUILD ANOTHER BUILDING IN THE FUTURE BEHIND THE CURRENT BUILDING, THAT IS AN EARLY PROCESS OF THOSE PLANS RIGHT NOW. TO HELP ACCOMMODATE THE CHURCH MEMBERS AND VISITORS COMING TO THE CHURCH, THEY ARE REQUESTING TO ADD ADDITIONAL SPACES. THE REASON WHY THEY DON'T WANT TO DO CONCRETE IS BECAUSE AGAIN, THEY ARE INTENDING TO BUILD ANOTHER BUILDING AND WILL PROBABLY GET STARTED ON THAT WITHIN MAYBE AROUND TWO YEARS. THEY DON'T TO START THE PROCESS ON THE NEW BUILDING CENTER OF THE PARKING SPACES FOR CONCRETES. THIS IS WHY THEY ARE REQUESTING GRAVEL SPACES. WE ARE RECOMMENDING DENIAL BASED ON THE FACT THAT ANYTIME SOMEONE REQUESTS A DEVIATION FROM OUR CONSTRUCTION TENDER SPECIFICALLY 6.16 THAT REQUIRES CERTAIN SPACES FOR PARKING, WE RECOMMEND DENIAL, BUT WE DO WANT TO NOTE THAT IF P&Z OR COUNSELOR CURRENT APPROVAL FOR IT, THE GRAVEL PAYMENT MUST BE DESIGNED BY A LICENSED ENGINEER AND THROUGHOUT THE PAYMENT SHOULD NOT EXCEED TWO YEARS PAST THE CITY COUNCIL DATE WHICH IN THIS CASE WOULD BE DECEMBER 12, 2025. THAT INCLUDES THE STATUS

[00:15:01]

PRESENTATION. THE APPLICANT IS HERE, I WILL STAND FOR ANY QUESTIONS AS WEL .

>> QUESTIONS FOR STAFF? >> WHAT DOES THAT LOOK LIKE AT THE END OF TWO YEARS? IF WE GO OUT THEM IMPORTANT TO

DO THE GRAVEL OUT? >> GOOD QUESTION, WE WILL REQUEST FOR THEM TO COME BACK FOR ANOTHER SPECIAL REQUEST AND - - WE ARE BEHIND SCHEDULE, WHATEVER THE CASE IS, WE WILL ASK FOR THEM TO COME BACK THROUGH P&Z AND COUNCIL TO GET ANOTHER SPECIAL EXCEPTION. AT THAT TIME, THE TIME PERIOD CAN BE DETERMINED BY P&Z OR COUNSELOR.

WE ARE STARTING OFF WITH TWO YEARS THE THAT IS WHAT THE

APPLICANT REQUESTED. >> OTHER QUESTIONS?

>> WHERE ELSE HAVE WE ALLOWED A SIMILAR EXCEPTION IN THE PAST?

>> I AM NOT SURE OFF THE TOP OF MY HEAD.

>> ONLY WHEN THE COMES TO MIND IS MORE AMEX INDUSTRIAL.

>> THEY HAD ON THE SIDE STREET FOR ABOUT A YEAR.

>> I KNOW THERE WAS A NUMBER OF YEARS AGO, HARVEST HILLS CHURCH CAME IN AND MADE A SIMILAR REQUEST.

I CAN'T REMEMBER WHAT ENDED UP HAPPENING WITHOUT ONE.

>> I THINK I WAS ASPHALT ENDED UP GOING WITH, BUT I CAN'T

REMEMBER. >> I THINK THE ORIGINALLY ASKED FOR - - ONLY WHEN I CAN REMEMBER.

THAT HAS BEEN A NUMBER OF YEARS AGO.

I DO NOT RECALL, FOR SOME REASON THE DENIAL STICKS IN MY HEAD. I CANNOT SWEAR TO THAT.

>> OTHER PEOPLE ULTIMATELY WENT WITH CONCRETE OR THEY WENT WITH

CONCRETE. >> THAT I UNDERSTAND TO SAY

THAT YOUR FIRST - - SCHOOL? >> NO, - -.

>> HAVEN'T WE DONE WITH THE THE SCHOOLS? THE FIRST PLACE I'M THINKING ABOUT IS NOT THE MAINTENANCE FACILITY. IS IT LANDSCAPING?

OKAY. >> THE APPLICANT IS HERE AS

WELL. >> APPLICANT, IF YOU WANT TO SPEAK, IDENTIFY YOURSELF IF YOU WOULD AND BUT WE WERE IN THE

CITY. >> THANK YOU FOR HEARING OUR SITUATION HERE. MY NAME IS - -, I AM THE CARE PASTOR AT SENIOR BAPTIST CHURCH.

WE ARE CURRENTLY PARKING IN THE BACK OPEN AREA BECAUSE WE DON'T HAVE ANY ROOM. THE MATERIAL WERE TALKING ABOUT IS THE TEXTILE APPROVED PROBATE MATERIAL THAT PACKS REALLY WELL. SHE NOT DO A LOT OF TRACKING, IT WILL PROVIDE A BETTER ALTERNATIVE FOR PARKING UNTIL WE GET TO THE POINT WHERE WE GO THE NEXT BUILDING.

THAT IS THE BASIC NEED. >> DIDN'T YOU INITIALLY HAVE

GRAVEL BACK THERE IN THAT AREA? >> IF YOU WILL REMEMBER MAURY, WE DID A TURNAROUND. THERE IS A GRAVEL TURNAROUND, WE WOULD JUST BE SENDING THAT FURTHER BACK.

>> QUESTIONS? THANK YOU, SIR.

OKAY, FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I DEFINITELY WANT TO BE SENSITIVE TO THE NEEDS OF OUR CHURCH AND COMMUNITY, BUT AT THE SAME TIME I FOUND THINGS FROM THE STANDPOINT OF WHAT PRESIDENT ARE WE SETTING.

AS LASSO HAPPENS AT THE END OF TWO YEARS, THE OPTICS AND ALLOW US TO GO OUT THERE WITH MRS. MIDLOTHIAN'S FINEST AND ENSURE THE CHURCHES GRAVEL PARKING LOT.

THERE WERE NOT PLAY WELL ON FACEBOOK OR IN THE LOCAL NEWS.

WHAT WE ARE DOING HERE IS A - - APPROVAL, IT'S IMPORTANT FOR US TO BE COGNIZANT OF THAT. NOT SAYING THE NEGATIVE OR POSITIVE THING, THERE'S NO GUARANTEE.

[00:20:13]

>> MY THOUGHT ON THAT IS IF WE THE PROPOSED FUTURE SITE PLAN, THERE WAS SOME EFFORT OF PERMANENT PAVEMENT IN THIS SECTION WITH THE BUILDING WAS NOT GOING TO BE IN THERE BE CAVE - -4 THE BUILDING WAS GOING TO BE.

FOR THE TIME BEING, THAT WOULD MAKE MORE SENSE VERSUS A LARGE

OPEN AREA. >> THAT MAKES A LOT OF SENSE, A SITE PLAN THAT WOULD SHOW WHERE THE FOOTPRINT WOULD BE RATHER THAN THE FUTURE PARKING AND GO AHEAD AND PAY THE FUTURE PARKING . THAT MAKES SOME SENSE.

>> IS THAT SOMETHING YOU CAN DO?

>> DO YOU KNOW WHERE YOUR FUTURE BUILDING FOOTPRINT WILL

BE OR IS IT OPEN? >> WE ARE IN THE PROCESS AND WE ARE JUST BEGINNING, IS ONLY TWO OR THREE MONTHS OLD.

WE ARE NOW MOVING INTO LOOKING AT THAT ISSUE THAT YOU ARE TALKING ABOUT. WHERE'S OUR FOOTPRINT GOING TO BE? WE DON'T KNOW.WE KIND OF COST PROHIBITED THE CONCRETE AND HAD TO RIP IT BACK OUT.

IF YOU DECIDED TO BUILD A HULA I GUESS THAT IS THE REASON WHY

WE ARE ASKING. >> DO YOU ALL HAVE A TIMEFRAME? ARE YOU WORKING WITH SOMEONE AND AN INITIAL PLANNING AND

ENGINEERING? >> WE ARE LOOKING TO GET THAT GOING RIGHT NOW. WE'VE JUST BEEN MERGED HERE FOR A COUPLE OF MONTHS NOW. WE HAVE BEEN HIT HARD IN THE

FRONT AND THE OF THE YEAR. >> THANKS.

>> HOW LONG YOU THINK IT WOULD BE BEFORE YOU HAD A SITE PLAN? ARE YOU RELATIVELY CLOSE TO THAT?

>> WE ARE RIGHT ON THE - - TO BE HONEST.

>> I THINK IF WHAT I'M HEARING SOME COMMISSIONERS THIRD, IF THEY HAD A SITE PLAN TO LOOK AT IN A TIME PLAN, THEY WOULD BE A LOT MORE COMFORTABLE ALLOWING SOMETHING LIKE THAT THAN JUST CARTE BLANCHE. IS THAT WHAT I HEARD?

>> I AGREE WITH THAT. IT SHOWS THAT THERE IS AN ACTIVE PROGRESSION TOWARDS THE REMOVAL OF THIS TEMPORARY MEASURE WEARS RIGHT NOW WE HAVE A DESIGNER WITH NO PLAN AND HOPE IS NOT A STRATEGY. I THINK ONCE THEY ARE IN THAT LEVEL OF ENGAGEMENT WITH THEIR FUTURE SITE PLAN - - WE PERPETUALLY APPROVING A NONSTANDARD PAVING SURFACE.

>> THE SHEER SCALE OF IT AS WELL.

THAT IS VERY LARGE.IF IT WAS A STRIPPER PARKING ALONG BACK TO WHAT THAT WOULD BE SOMETHING ELSE TO CONSIDER.

>> YOU AND SEE THE PROCESS STARTING FOR THE CONSTRUCTION

OF THENEW BUILDING ? >> THAT'S CORRECT.

IF YOU APPROVE THIS FOR TWO YEARS, INSTALLS OUT AND THEY'RE COMING BACKIN . I HOPE THAT IS NOT THE CASE, BUT WE CANNOT CONTROL THE MARKET FORCES AND THE ECONOMY.

I THINK ONCE THE LEVEL OF COMMITMENT IS THERE, WE CAN MAKE AN EXCEPTION BASED UPON A PLAN, AND MY PERSONAL OPINION.

>> PERSONALLY I WILL HAVE A PROBLEM WITH THIS, THE LIMITATIONS THE CITY IS PUT ON THEIR BECAUSE IT IS BEHIND THE BUILDING. I WILL HAVE A PROBLEM WITH THE PERSONALLY. I UNDERSTAND WHAT YOU ARE SAYING, YOU WANT TO SEE THAT PROCESS STARTED.

>> YOU ARE ALREADY PARKING BACK THERE ANYWAY?

>> WE ARE. >> WERE YOU PARKING AT?

>> GRASS AND DIRT. >> AS FAR AS IT BEING AN EYESORE, WE DON'T THINK IT'S GOING TO BE SEEN THAT MUCH.

[00:25:04]

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

>> THE FLOOR IS OPEN FOR ANY DISCUSSION OR ACTION.

>> I WILL MOVE TO APPROVE. >> SECOND.

>> WE HAVE EMOTIONS AND THE SECOND TO APPROVE.

ANY FURTHER DISCUSSIONS? ALL IN FAVOR, AYE.

OPPOSED? OKAY, IT IS PAST.

[009 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a water well, relating to the use and development of 9.808± acre of land located on Lot 15 of Honeysuckle Ridge, Phase Four (4), commonly known as 1011 Ashford Lane, located in Agricultural (A) Zoning District (Case No. SUP16-2023-97).]

OKAY, ITEM 9. CONDUCT A PUBLIC HEARING AND ACTION ORDERS FOR A SPECIFIC USE PERMIT FOR A WATER WELL LAKE USE AND DEVELOPMENT OF - - LOCATED ON LOT 15 OF HONEYSUCKLE RIDGE, PHASE 4 COMMONLY KNOWN AS 1011 ASHFORD LANE LOCATED IN AGRICULTURAL

ZONE A. >> THANK YOU CHAIRMAN.

AS MENTIONED, THIS IS A REQUEST FOR A WATER WELL ON THIS PROPERTY LOCATED AT 1011 ASHFORD LANE.

THE PROPERTY IS ZONED SINGLE-FAMILY, SORRY, AGRICULTURAL. IT SETS ON 9.808 ACRES OF LAND FOR FURTHER USE TABLE, ANY WATER WELL THAT IS REQUESTING TO BE INSTALLED WILL BECOME BEFORE PLANNING AND ZONING COMMISSION FOR SPECIFIC USE PERMIT.

THIS IS THE SITE PLAN OVER THE PROPOSED WATER WELL WILL BE.

IT'S QUARTER 27 FEET FROM THE REAR OF THE PROPERTY AND 237 FEET FROM THE SIDE. THE WELL WILL BE USED SOLELY FOR THE SUBJECT PROPERTY, WATER IS PROVIDED FOR THIS LOCATION IS MOUNTAIN PEAK WATER DISTRICT.

THE APPLICANT ALREADY HAS OBTAINED AN APPROVED PERMIT FROM PRAIRIE LANDS GROUND, AND THE WATER FROM THE WELL WILL BE USED FOR ALL EXISTING AND FUTURE IRRIGATION FOR LANDSCAPING ON THE PROPERTY. WE HAVE NOT RECEIVED ANY

LETTERS IN OPPOSITION AND STAFF DOES RECOMMEND APPROVAL.>> QUESTIONS, STAFF? OKAY, IF THE APPLICANT PRESENT AND WISH TO SPEAK? MAN, COME FORWARD, IDENTIFY YOURSELFAND WHETHER OR NOT YOU LIVE IN THE CITY .

>> HI, I AM DANA HILL AND I LIVE HERE IN MIDLOTHIAN.

I AM HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> QUESTIONS FROM STAFF? I DID UNDERSTAND AVERAGE THROUGH THE WELL. OKAY.

I DON'T HAVE ANYONE TO SPEAK ON THIS SO I WILL ENTERTAIN A MOTION TO CLOSETHE PUBLIC HEARING .

>> MOTION TO CLOSE. >> SECOND.

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

ANY OPPOSED? UNANIMOUS.

THE FLOOR IS OPEN FOR DISCUSSION OR ACTION.

WE HAVE A MOTION AND A SECOND TO APPROVE, ANY FURTHER DISCUSSION?ALL IN FAVOR, AYE. ANY OPPOSED? IT IS UNANIMOUS. OKAY, ITEM 10.

[010 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a “group home”, presently zoned Single Family Two (SF-2) District. The property is located on ±.454 acres, being Lot 4 of the Fox Run Addition, commonly known 1710 Sage Drive. (Case No. SUP17-2023-98). REQUEST FOR CONTINUANCE TO DECEMBER PLANNING AND ZONING]

IT'S A REQUEST FOR CANOEING CONTINUANCE FROM DECEMBER PLANNING AND ZONING. WE HEAR A MOTION TO CONTINUE THIS CASE?> I WILL MAKE A MOTION TO CONTINUE TO DECEMBER.

>> WE HAVE A MOTION AND A SECOND, ANY DISCUSSION?

[011 Conduct a public hearing and consider and act upon an ordinance for a Planned Development Amendment (PD), amending the development regulations of Planned Development-149 (PD-149) to allow additional industrial manufacturing uses and outside storage for the development, being Lot 1 and Lot 2, Block 1 of McCowan Addition-Rev., City of Midlothian, Ellis County, Texas. The property is located at 4521 N. US Hwy 67. (Case No. Z30-2023-113).]

ALL IN FAVOR, AYE, ANY OPPOSED? OKAY.ITEM 11, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A PLANNED DEVELOPMENT AMENDMENT (PD), AMENDING THE DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT-149 (PD-149) TO ALLOW ADDITIONAL INDUSTRIAL MANUFACTURING USES AND OUTSIDE STORAGE FOR THE DEVELOPMENT, BEING LOT 1 AND LOT 2, BLOCK 1 OF MCCOWAN ADDITION-REV., CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS. THE PROPERTY IS LOCATED AT 4521

NORTH US HWY 67. >> SORRY ABOUT THAT.

[00:30:12]

OUR NEXT CASE AGAIN FOR THIS EVENING IS FOR AGENDA ITEM NUMBER 11 IN RELATION TO CASE NUMBER - - PLAN DEVELOPMENT AMENDMENT REQUEST. THIS IS PD 149 SPECIFICALLY.

THE APPLICANT IS REQUESTING ADDITIONAL MANUFACTURING OUTSIDE STORAGE USES TO AN ALREADY ZONED PLAN DEVELOPMENT DISTRICT EXISTING ON THE SITE CURRENTLY IS TWO INDUSTRIAL WAREHOUSE BUILDINGS AND AGAIN, 20 FOR THE PROPERTIES PD 149 FOR SENDING THE AREA AS INDUSTRIAL.

THIS GIVES LARGER - -. BEAR WITH US, WE WILL WALK YOU THROUGH A CASE TIMELINE.

I WILL GIVE A PRESENTATION, THE APPLICANT WILL COME UP AND CONFIRM SOME OF THE THINGS I AM SAYING.

LET ME START WITH THE SLIDE. THE ORIGINAL REQUEST WAS SEPTEMBER 16, SORRY COME OCTOBER 16.

AT THAT TIME, THE ORIGINAL REQUEST WITH ADDITIONAL MANUFACTURING USES AN OUTSIDE STORAGE WHICH IS WHAT IS GOING TO BE PRESENTED TO YOU GUYS LATER THIS EVENING.

THAT IS ALSO WHAT WAS ADVERTISED IN THE NEWSPAPER WHICH IS WHY YOUR CAPTION SAYS ADDITIONAL MANUFACTURING USES AN OUTSIDE STORAGE.THE APPLICANT AMENDED THEIR REQUEST LAST WEEK, YOUR CAPTION SAYS OUTSIDE STORAGE FOR YOUR ACTUAL STAFF REPORT SAYS IT SPEAKS TO THE OUTSIDE STORAGE A BIT.

SINCE THE PACKET IS GONE OUT, THE APPLICANT IS LET US KNOW THEY WANT TO TALK ABOUT THE ACTUAL MANUFACTURING USES, ADDITIONAL MANUFACTURING USES. GOING BACK TO THE ORIGINAL REQUEST. I MET A LOT OF BACK-AND-FORTH THERE FOR THE PRESENTATION IS BEING PRESENTED BEFORE YOU GUYS WILL SPEAK ON THE OUTSIDE STORAGE AN ADDITIONAL MANUFACTURING USES, NOT JUST THE OUTSIDE STORAGE STATED IN THE STAFF REPORT. FEEL FREE TO STOP ME IF I AM GOING TOO FAST OR IF ANYBODY HAS ANY QUESTIONS.

IT IS THE SITE LAYOUT. ON THE RIGHT-HAND SIDE SHOWS THE OVERALL SITE LAYOUT. THE BOTTOM RIGHT HAND CORNER OF THE INDUSTRIAL BUILDING. TWO INDUSTRIAL WAREHOUSES BETWEEN - - DISTRIBUTION CENTERS, THERE ARE TWO BUILDINGS ON THE SITE RIGHT NOW.

SIMPLY A PRE-MANUFACTURED PARTS BY SPECIFIC USE PERMIT AND THE APPLICANT IS REQUESTING ADDITIONAL MANUFACTURING.

THESE NEXT FEW SLIDES THAT SPECIFICALLY THE REQUEST FOR OUTSIDE STORAGE AND THE REQUEST FOR ADDITIONAL MANUFACTURING USES IN DETAIL. STARTING WITH THE OUTSIDE STORAGE AS YOU SEE TO THE RIGHT-HAND SIDE OF THE EXHIBIT, THE OUTSIDE STORAGE IS PROPOSED TO BE LIMITED TO THIS DARK SHADED AREA OUTLINED IN THE ORANGE CIRCLE .

GOING TO THE LEFT-HAND SIDE, THE APPLICANT IS PROPOSING ROOFING MATERIALS ALONG THE SITE FOR THE OUTSIDE STORAGE.

MATERIALS ARE NOT TO EXCEED 8 FEET IN HEIGHT.

FORTUNATELY UPON PLANNING. PLANTED IN BETWEEN THE TREES AND THE MINIMUM HEIGHT WILL BE 4 FEET.

NO HAZARDOUS MATERIALS MAY BE STORED OUTSIDE.

THE SPECIFIC CRITERIA IS MET WITH THE ORDINANCE BECAUSE THE TIME OF THE PACKET, THE REQUEST FOR THE OUTSIDE STORAGE IN THE FRONT OF EACH OF THE NECK OF THE APPLICANT UNTIL AFTER THE PACKETS WENT OUT FOR YOU WITH THIS MORNING THAT HERE IN THE SECOND. THESE NEXT FEW SLIDES WILL SPEAK THE ADDITIONAL MANUFACTURING USES.STARTING AT THE TOP OF THE BUILDING MATERIALS SALES AND SERVICE, MANUFACTURING MATERIALS, BICYCLE, BOOTS, BOXES, WOOD PRODUCTS IN THE PAPER MANUFACTURING, FOOD PROCESSING, AND OUTSIDE STORAGE. OUTSIDE STORAGE FOR REGULATIONS THOSE GO BACK TO THE SLIDE THAT WE TALKED ABOUT.

HE LISTENS TO ME READ THOSE NAMES, NOW YOU LISTEN TO ME READ THOSE DEFINITIONS BECAUSE THIS IS NOT IN THE PACKET.

FOR THE RECORD, I WILL REVIEW 20S DEFINITIONS.

STARTING AT THE TOP, FURNITURE CABINET OR UPHOLSTERY OR REPAIR SHOP. A FACILITY FOR THE MAKING,

[00:35:02]

REPAIRING, PAINTING OF FURNITURE AND CABINETRY AS WELL FOR THE MAKING AND REPAIR OF COVERINGS THROUGH THE APPLICATION MATERIAL SUCH AS FABRIC, SPRINGS AND PADDING.

AN ESTABLISHMENT OFFERING THE SALE OF STONE MONUMENTS, BUILDING MATERIALS SALES AND SERVICE FOR SALES GOODS AND MATERIALS COMMONLY USED IN THE CONSTRUCTION INDUSTRY INCLUDING ON-SITE STORAGE, BUSINESS COMMERCIAL SHOWROOM, DISPLAYED ON PREMISES SALES AND MERCHANDISING GOODS INCLUDING SHIPMENTS OR ORDERS PLACED VIA PHONE, ONLINE OR MAIL, GOING DOWN TO THE BOTTOM, MANUFACTURING AND MATERIALS, FACILITY FOR THE MAKING OF MATERIALS USED IN THE CREATION OF BASKETS AND THE MANUFACTURING OF LEXICAL, BOOTS AND BOXES OTHER THANPAPER BOXES .

THIS HERE IS ON THE REMAINING DEFINITIONS. STARTING AT THE TOP, THE MANUFACTURING OF PAPER FOR BOTH RAW AND RECYCLE MATERIALS, NO NOXIOUS ORDERS OR SUBSTANCES MAY COME FROM THE FACILITY.

ELECTRONIC ASSEMBLY WHERE ALL COMPONENTS HAVE BEEN PREVIOUSLY MANUFACTURED, SIMILAR TO THE ONE BEFORE IT.

NO NOXIOUS ORDERS SUFFER FROM THEM A FACILITIES.

BY CUTTING AND SEWING FABRICS OR OTHER MATERIAL SUCH AS WHETHER, WORKERS IN THE INDUSTRY HELP TO KEEP CONSUMERS WARM, DRY, FASHIONABLE. FOOD PROCESSING, NO SLAUGHTERING, A FACILITY OR AREA WHERE FOOD OR HUMAN CONSUMPTION IN ITS FINAL FORM TO JUST CANDY, BAKED GOODS, TORTILLAS AND ICE CREAM IS PRODUCED AND THE FOOD IS ATTRIBUTED TO RETAILERS OR WHOLESALERS FOR RESALE ON OR OFF THEPREMISES . FOOD OR BEVERAGE PROCESSING, ASSEMBLY-LINE PRODUCTION OF CANNED OR BOTTLED GOODS IS EXCLUDED FROM THIS DEFINITION. THE LAST ONE OUTSIDE OF STORAGE, WE TOUCHED ON THAT. AGAIN, THE STAFFREPORT, TOUCH ON THE ACTUAL USE OF OUTSIDE STORAGE .

AGAIN, THE APPLICANT SINCE THAT HAS WANTED TO INCLUDE THE USE OF ADDITIONAL MANUFACTURING USES, SO THE APPLICANT HAS INCLUDED THOSE USED ALONG WITH DEFINITIONS FOR HOW THEY INTEND THOSEUSES . WE HAVE NOTRECEIVED ANY LETTERS OF SUPPORT OR OPPOSITION WITH THIS REQUEST .

AGAIN, STAFF CONCERNED A SET OF STORAGE AND MANUFACTURING USES.

WE TOUCHED ON THE USE OF OUTSIDE STORAGE WITHIN THE ACTUAL STAFF REPORT. TO THE ACTUAL LOCATION BEING ALONG THE HIGHWAY OF U.S. STAFF HAS CONCERNS ON THE USE OF OUTSIDE STORAGE IN THIS PARTICULAR AREA.

WHILE STAFF IS OKAY WITH SOME OF - - BEING ALLOWED BY RIGHTS.

WE WANT TO KNOW THAT EACH OF THE USES REQUIRED UNDER LIGHT INDUSTRIAL REQUIRES A SPECIFIC USE PERMIT.

THEY ARE ASKING FOR ALL THOSE USES TO BE ALLOWED UNDER THIS DEFINITION THAT WE JUST READ OUT.

THOSE ARE SOME CONCERNS WE HAD AS STAFF.

IN THE REPORT, WE ARE RECOMMENDING APPROVAL BASED ON THE OUTSIDE STORAGE ALONE, HOWEVER STAFF IS RECOMMENDING SORRY, WE ARE RECOMMENDING DENIAL BASED ON THE OUTSIDE STORAGE ALONE. STAFF IS RECOMMENDING DENIAL TO THE STAFF CONCERNS THAT WE MENTIONED.

GO AHEAD. >> I WILL ADD MORE COMMENTS.

THE DEFINITIONS PRESENTED TO YOU ALL WERE SEEN BY ME FOR THE FIRST TIME JUST NOW. THEY WERE PRESENTED TO STAFF

YESTERDAY OR TODAY. >> YESTERDAY AFTERNOON.

>> I BECAME FIRST AWARE OF THEM ABOUT THREE HOURS AGO WHEN KOBE GAVE ME A CALL THAT WE RECEIVED THESE.

I'VE NOT HAD A CHANCE TO REVIEW THEM AND THEIR IMPACT AND EXACTLY WHAT THEY MEAN. ONE OF THE USES AS I WAS REVIEWING THE ORDINANCE LAST WEEK FOR THE PURPOSES OF LEGAL REVIEW, WOOD PRODUCTS I WAS CONCERNED ABOUT.

I WOULD GO BACK, BUT FAMILY GOES BACK ABOUT 90 YEARS WORKING IN THE PAPER MILL IN WESTERN NORTH CAROLINA.

HAVING TO STEP OUTSIDE WHEN IT WAS MY GRANDPARENTS AND SMELLING LIKE A PAPER MILL EVERY DAY FROM THE PULP COOKING

[00:40:02]

INDEXING THAT GOES WITH IT. I PERSONALLY WAS LITTLE CONCERNED ABOUT THAT PARTICULAR USE.

I'VE ALSO BEEN INVOLVED IN DEVELOPMENT DEALS WITH ELECTRONIC COMPONENT MANUFACTURING.

I KNOW WHAT THEY INVOLVE WITH TRAFFIC AS WELL AS AN ON-SITE CHEMICAL. AGAIN, ABSENT THE DEFINITION WHICH WE DID NOT HAVE LAST WEE , I HAVE EXPRESSED CONCERN TO STAFF ABOUT NOT HAVING A SOUPY BECAUSE OF THE ABSENCE OF A LEGAL DEFINING DEFINITION. AS I NOTE, I HAVE NOT HAD A CHANCE TO GO THROUGH THESE DEFINITIONS, I AM SEEING THEM

WHAT YOU ARE . >> QUESTIONS FROM STAFF?

>> WHAT IS THE UNDERLYING ZONING?

>> LIGHT INDUSTRIAL. >> IS OFTEN NOT THE TOP OF THE DEFINITIONS IS THAT ALL THE USES ARE ONES REQUIRED IN LIGHT INDUSTRIAL BUT THEY WOULD NOT BE REQUIRED IN MEDIAN

INDUSTRIAL? >> PROBABLY NOT IN HEAVY INDUSTRIAL, DON'T QUOTE ME ON THAT BUT LIGHT INDUSTRIAL FOR

SURE. >> STAFF IS NOT HAVE THE OPPORTUNITY OR TIME TO REVIEW IF THEY WOULD BE ALLOWED TO

MAKE. >> AND ABOUT MEDIAN, THEY WILL

BE ALLOWED THROUGH THEIR. >> ANYONE ELSE? IS THE APPLICANT PRESENT? COME UP AND IDENTIFY YOURSELF AND WHETHER OR NOT YOU LIVE IN THE CITY.

>> THANK YOU MR. CHAIRMAN AND MEMBERS OF THE COMMISSION.

MY NAME IS ANGELA HUNT, THE ZONING AND LAND-USE ATTORNEY - - DALLAS 75218. I HAVE A FLASH DRIVE, IF THAT WOULD HELP. I THINK ENABLE EDITING.

>> AS KOBE EXPLAINED, WE ARE HERE FOR TWO THINGS TONIGHT.

ONE IS OUTSIDE STORAGE, THE OTHERS THAT ADDITIONAL USES FOR THE SITES. NEXT SLIDE.

JUST TO ORIENT YOU, ALL AROUND THE SITE ARE COMMERCIAL AND INDUSTRIAL USES, YOUR COMPREHENSIVE LAND USE PLAN SHOWTHIS BY INDUSTRIAL MOLECULES .

I WANT TO POINT OUT THE LOCATION THAT WE ARE TALKING ABOUT FOR THE OUTSIDE STORAGE IS SIGNIFICANT.

IT IS ONLY THE VERY SOUTHERNMOST.

LET'S SEE IF WE CAN START THIS MOVIE TO WE ARE GOING TO BE HEADING SOUTH, YOU'LL NOTICE THE BUILDING SHIELD MOST OF YOU IN THE OF THE OUTDOOR STORAGE WOULD BE .

HE WE ARE PASSING BY. THERE IS ALREADY LANDSCAPING IN

[00:45:05]

THE PARKWAY OF THE SITE. HE WILL GO ALL THE WAY BACK TO DALLAS AND COME BACK. I'M JOKING MOST OF THE NEXT SLIDE. THIS IS THE AREA WHERE TALKING ABOUT.

. KOBE GIVE ME A CALL MID AFTERNOON ON FRIDAY TO HEAR THE THINGS REAL CONCERNED ABOUT.

WE LIVE DEFINITIONS FOR THE USES WE ARE REQUESTING.

THAT'S WHAT WE HAD A LITTLE BIT OF MISUNDERSTANDING WE TRY TO GET THE DEFINITIONS TO YOU GUYS AS QUICKLY AS POSSIBLE.

ALL OF THE USES ARE TAKEN FROM THE ZONING CODE.

WE ARE NOT CREATING USES, SOMETIMES YOU SEE THAT WITH THE DATA CENTER AND THINGS THAT I KNEW.THESE ARE VALUES THAT EXIST WITHIN THE CITY ALREADY. THE OTHER CONCERN THAT WE HEARD FROM STAFF WAS WE WANT CONDITIONSASSOCIATED WITH OUTSIDE STORAGE . WE PULL THAT TOGETHER AND IT'S PROVIDED HERE. ONE THING I WANT TO POINT OUT THE OUTSIDE STORAGE IS NOT PROPOSED AS A STANDALONE USE.

SOMEONE CAN COME TO ABC INTERVIEW LOOK USES OUTDOOR STORAGE UNRELATEDTO ATTENDANCE , THIS IS SOLELY INCIDENTAL TO THE TENANTS THAT WOULD BE USED IN THE MAIN BUILDINGS.I WOULD ALSO NOTE THE TWO BUILDINGS THAT YOU SAW IN OUR LITTLE TOUR FROM THE MOVIE, THOSE REBUILT AND OPENED IN 2023.

IT'S A $39 MILLION INVESTMENT, ABOUT 386,000 FT.B2 OF INDUSTRIAL BUILDING. THE REQUIREMENTS WE HAVE ADDED, ONCE THE MATERIALS CAN ONLY BE STORED IN THE AREAS THEY ARE IDENTIFIED ON THE EXHIBITS. JUST A SMALL PART THAT IS LOCATED ON THE SOUTHERN END OF THE PROPERTY.

STORED MATERIALS MAY NOT EXCEED 8 FEET IN LENGTH, WHY 8 FEET? THIS GOES TO WHILE GOING THROUGH THIS EVENING.

WE HAVE ATTENDANCE, FORTUNE 500 COMPANY TENANT WHO IS LOOKING AT LEASING THE SITE. WHAT THEY DO IS THEY STAGED THE MATERIALS OUTSIDE FOR THE TRADES TO COME PICK UP.

THEY DO NOT TYPICALLY LEAVE THEM OUTSIDE BECAUSE THEY WON'T LEAVE THEM OUTSIDE IN THE ELEMENTS BUT THEY PUT THEM OUTSIDE SO THEY CAN EASILY BE TAKEN AWAY.

THEY INDICATED WE DON'T HAVE ANYTHING HIGHER THAN 8 FEET.

MATERIALS HAVE TO BE SCREENED THE MINIMUM HEIGHT OF AT LEAST 8 FEET.IT WOULD BE AN ORNAMENTAL FENCE AND THAT WOULD INCLUDE SIGNIFICANT LANDSCAPIN .

LET'S GO TO THE SO I CAN SHOW THIS.THIS IS THE PROPOSED STORAGE AREA, IT'S ORIENTED DIFFERENTLY THAN HOW WE SOUGHT A SECOND AGO ON THE SOUTHERN PORTION OF THE SITE.

WE CONCLUDE THAT THERE ARE SIX LIVE OAK TREES, THERE TO BE 14 FEET TALL AT PLANTING SO THEY ARE NOT TINY TREES.IN BETWEEN THEM IT IS HOLLY AS YOU KNOW IS WIDE SO IT CREATES A - - AROUND THERE AS WELL. BEHIND US, WE HAVE OTHER INDUSTRIAL USES A REAL CONCERNED ABOUT SCREENING FROM THEM. HIS ADDRESSING CONCERNS ABOUT USE FROM THE FREEWAY. WE ALSO PUT IN THERE THAT WE CANNOT HAVE ANYTHING ON MATERIALS THAT WILL BE NOXIOUS, HAZARDOUS OR OTHERWISE INAPPROPRIATE.

NEXT SLIDE. LET'S GO TO THE USES.

WE HAVE A POTENTIAL TENANT, FORTUNE 500 TENANT WHO IS THE ROOFING SUPPLIES TENANT. THEY NEED OUTSIDE STORAGE IS A PART OF THE FACILITY. THEY ALSO NEED, I WILL DRAW YOUR ATTENTION TO THE BUILDING MATERIAL SALES AND SERVICE.

WE NEED THAT USED TO MAKE THIS TENANT WORK.

IF YOU HAVE CONCERNS, I HEARD YOUR CITY ATTORNEY LOUD AND CLEAR. REGARDING PULP AND THE SUPPLICANT EMANATES, IF NOTHING ELSE, IF WE CAN GET THAT USE, THAT WILL ALLOW US TO MOVE FORWARD ON THE TENANT WE HAVE IN HAND. WE ADDED HIS OTHER USES PEOPLE FROM THE ZONING CODE IN THE EVENT THAT THE SENATE DID NOT WORK. WE HAVE OTHER TENANTS WE COULD POTENTIALLY REACH OUT TO CALIPHATE THESE OTHER CRITERIA

[00:50:03]

PROVED WE NEED OUTSIDE STORAGE FOR THIS TENANT THAT IS READY TO MOVE FORWARD. NEXT SLIDE.

HE PULLED SEVERAL OF THE DEFINITIONS AND REZONING CODE.

THE ONES THAT ARE NOT DEFINED IN YOUR ZONING CODE WHICH ARE ALLOWED BY SU P THAT ARE NOT DEFINED, PEOPLE OF THE DEFINITIONS AND TRY TO MAKE THEM AS SPECIFIC AS POSSIBLE AND TRY TO LIMIT AND THE OTHER CONCERNS.

AGAIN OF COURSE, WE WOULD ASK THE COMMISSION TO CONSIDER THESE OTHER USES. IF THERE ARE CONCERNS, WE RESPECTFULLY ASK YOU TO INCLUDE THE BUILDING MATERIAL SALES AND SERVICE AND OUTSIDE STORAGE. WE THINK WE HAVE ADDRESSED THE CONCERNS BOTH ON THE MATERIAL SALES AND SERVICE INAPPROPRIATE USE FOR THE SITE. IT DOESN'T CREATE NOXIOUS OR HAZARDOUS ISSUES FOR SURROUNDING NEIGHBORS AND WE THINK THE PUT ENOUGH GUARDRAILS ON THE OUTSIDE STORAGE THERE WILL AGAIN BE ATTRACTED. IT WILL LOOK NICE, YOU ARE NOT PRODUCING THE MATERIALS BEHIND THE SCREENING.

WE ARE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE, THANK

YOUVERY MUCH . >> QUESTIONS TO THE APPLICANT? OKAY, THANK YOU MA'AM. WE HAVE NO ONE SIGNED UP AS DEACONS ISSUE SO I WILL ENTERTAIN A MOTION.

>> SO MOVED. >> SECOND.

>> MOTION AND THE SECOND, CLOSE THE PUBLIC HEARING ALL IN FAVOR, I TOO IS UNANIMOUS, THE FLOOR IS OPEN FOR DISCUSSION AND OR ACTION. THEY WOULD LIKE TO HAVE THE BUILDING MATERIALS, THOSE TWO ITEMS. HAS THAT CHANGED HOW STAFF LOOKS AT THIS AND WHAT YOUR

OPINION IS? >> THAT NECESSARILY BUILDING MATERIALS.OUTSIDE STORAGE IS ONE OF OUR CONCERNS.

NOT NECESSARILY THE OUTSIDE STORAGE.

>> THE OUTSIDE STORAGE, AS LONG AS IT'S INCIDENTAL TO THE MAIN USE OF THE SITE, ANY MATERIAL THAT IS NOT CONSIDERED HAZARDOUS OR NOXIOUS, TO THINK WE ARE SOMEWHERE LOOSELY DEFINED IN A COURTOF ORDINANCES BUT PROBABLY NOT .

RIGHT NOW, WE ARE THINKING IT IS SHINGLES, BUT IT COULD BE ANYTHING THAT DOES NOT MEET THOSE UNDEFINED CATEGORIES UP

TO 8 FEET IN HEIGHT. >> CORRECT.

>> FROM THE FIRST REVIEW THE SITE, TRAFFIC WAS A HUGE CONCERN. HAS BEEN DISCUSSED AT A STAFF LEVEL ON THE TYPE OF TRAFFIC THAT WOULD BE GENERATED FROM THIS USE FIRST OF THE TRAFFIC THAT WAS PRESENTED PRIOR TO

CONSTRUCTION? >> FROM THIS CASE ORIGINALLY CAME AROUND, TIA WAS SENT FOR WAREHOUSE IN WHICHIS A HIGHER IMPACT IN THE OTHER USES . THERE WILL NOT BE MORE OF A MAJOR IMPACT. IT WAS PUT IN PLACE AT THE SIT , HIGHER IMPACT IF THAT MAKES SENSE.

>> TO CLARIFY, DISTRIBUTION CENTER WAS ALREADY APPROVED AS A PART OF THE ORIGINAL PD. THAT WAS A DISCUSSION.

>> ANDERSON THIS IS MORE OF A RETAIL CENTER.

NOW YOU GOT THE COMBINATION OF THE TWO AT ONCE, IS THAT

CORRECT? >> RIGHT.

BASED ON SOME OF THOSE USES, YOU WILL HAVE TWO COMPONENTS BASED ON THE UNDERLYING USES. NONE OF THESE USES WILL TRIGGER ANYMORE ADDITIONAL IMPACTFUL CHARGES.

>> IT CAN BUY RIGHT TO ANY - - AS AN ADDITIONAL USE BEYOND INDUSTRIAL. I THINK OUR ZONING HAS SEVERAL USES THEY WILL HAVE A TRAFFIC FLOW PATTERN TO THEM.

I DON'T KNOW WHAT THEY ARE, WE WILL HAVE A USE CHART.

LOOKING AT THE COMMERCIAL USE CATEGORY WITHOUT GETTING INTO THE RETAIL USE, CLEANING DRYING - - WAREHOUSE IN INDORE.

[00:55:03]

THESE ARE PERMITTED USE. FOOD CATERING AND AGAIN THOSE

ARE THE COMMITTEES. >> HUMAN ANTIQUE SHOPS, CLEANING AND LAUNDRY. WE CAN FIND SOME OF THE HEAVIER ONES THAT ARE PERMITTED. RESTAURANTS.

>> AND ALREADY HAD SOME OF THE HEAVIER ONES.

>> MY OPPOSITION IS GOING TO BE TOO THEMANUFACTURING .

IN LIGHT OF INDUSTRIAL TRUE HEAVY MANUFACTURING USAGE SHOULD BE USE PERMIT. THERE IS ALREADY GOING TO BE RETAIL WHOLESALE ALLOWED IN THE UNDERLYING.

I THINK ALL THE MANUFACTURING PIECES SHOULD BE ISSUED IN LIGHT INDUSTRIAL. I WOULD BE FINE WITH THE BUILDING MATERIAL SALES AND SERVICE AND THE BUSINESS COMMERCIAL, BUT THE REST OF THEM, WE NEED TO LOOK AT EACH

ONE ON A CASE-BY-CASE BASIS. >> OTHER COMMENTS? IF NOT, WHAT IS THE PLEASURE OF THE COMMISSION?

>> I WOULD LIKE TO HEAR WHAT CONCERNS YOU HAVE.

I WANT THOSE DEFINITIONS TO BE MORE ROBUST IN THE COURT OF

ORDINANCES. >> SOME OF THOSE CONDITIONS ARE

NOT PART OF THE ORIGINAL DRAFT. >> AND WILL HAVE OUTSIDE STORAGE NEXT TO THE TRACKER TRACTOR SUPPLY.

AFTER IT'S BAD, IT WASN'T ROBUST OR LANDSCAPE.

I THINK WE SHOULD CLARIFY - - INCIDENTAL TO THE MAIN USE OF THE PROPERTY. OTHER THAN THAT, I'LL HAVE A

LOT OF CONCERNS. >> BASICALLY OUTSIDE STORAGE HAS BEEN ACCESSORY USE. THEY SELL SHINGLES BUT THEY ARE STORING SOMEBODY ELSE'S. NOW WE ARE ALLOWING IT BY RIGH

. >> IS ANY LETTERS OF OPPOSITION

OR ANYTHING? >> NO SIR, NO LOADERS OF

OPPOSITION OR SUPPORT. >> WILL ANYONE MAKE A MOTION?

>> CAN INCORPORATE THEIR SLIDES IN SO I WANT TO RESTATE ALL THE

STUFF? >> QUITE A FEW OF THESE

CONDITIONS WERE NOT IN THIS. >> LET ME GIVE THE WORLD ONE.

I WILL MAKE A MOTION TO APPROVE AS PRESENTED WITH THE ADDITION OF THE OUTSIDE STORAGE PROPOSE CONDITIONS FROM THE APPLICANT'S

[01:00:02]

PRESENTATION AMENDING THEIR PREAMBLE TO REQUIRE IT BE MATERIALS OWNED BY AN OCCUPANT OR TENANT AND INCIDENTAL TO THE MAIN USE OF THE PROPERTY. THEN, THE ADDITIONAL USES BE LIMITED TO ONLY BUILDING MATERIALS, SALES AND SERVICE.

AND BUSINESS/COMMERCIAL SHOWROOM.

>> THOSE WOULD BE PERMITTED USES?

>> REAL QUICK, DID YOU WANT TO ADD OUTSIDE STORAGE TO THAT?

>> THAT WAS THE ORIGINAL ITEM. >> DOES THAT COVER EVERYTHING?

>> SETTING THAT COVERS EVERYTHING, YES.

>> WE HAVE A MOTION ON THE FLOOR, IS THERE A SECOND? IF A MOTION AND A SECOND FROM ANY FURTHER DISCUSSION?ANY FURTHER, AYE, AND IMPOSE? IT IS UNANIMOUS.

[012 Conduct a public hearing to consider and act upon an ordinance relating to the use and development of .78± acres of land situated in the J.B. Garvin Survey, Abstract 402, by changing the zoning from Planned Development No. 14 (PD-14) District to Urban Village Planned Development (UVPD) District for nursing care. The property is generally located at the northwest intersection of FM 663 and Lena Lane, commonly known as 1111 S. 9th Street. (Case No. Z29-2023-112).]

WE LOOK AT ITEM 012. CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF .78B1 ACRES OF LAND SITUATED IN THE J.B. GARVIN SURVEY, ABSTRACT 402, BY CHANGING THE ZONING FROM PLANNED DEVELOPMENT NUMBER 14 (PD-14) DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT (UVPD) DISTRICT FOR NURSING CARE. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF FM 663 AND LENA LANE, COMMONLY KNOWN

AS 1111 S. 9TH STREET. >> GOOD EVENING.HIS REQUEST, THE APPLICANT IS REQUESTING AN URBAN VILLAGE PD FOR NURSING CARE FACILITY AND RESIDENTIAL HOME THAT WOULD NEED TO BE REMODELED IN THIS REQUEST. IT IS LOCATED AS YOU CAN SEE HERE IS .78 ACRES AND CURRENTLY IN PLAN DEVELOPMENT 14, ONE OF OUR - - SINGLE-FAMILY ZONING DISTRICT.

AS F4, SO YOU KNOW, I THINK INTO MORE DETAILS LATER, IT REQUIRES A BIGGER HOUSE THAN THE R2 DID.

EITHER WAY, IT WOULD BE CONSISTENT - -. THE FUTURE LAND-USE MODULE IS THE NEWTOWN MODULE WITH MIXED USAGE PROVIDING FOR AN AREA OF TRANSITIONAS WELL .

HE WANTS TO GIVE YOU A GOOD AERIAL VIEW TO THOSE OF THE SUBJECT PROPERTY RIGHT HERE. THIS PURPLE AREA, I WANT TO GIVE YOU A VISUAL REFERENCE OF THE ADDITION.

JUST WANT TO GIVE YOU A SENSE, THIS PURPLE IS NOT PROBABLY PERFECTLY TO SCALE, BUT I WILL TRY TO GIVE YOU SOME GENERAL SENSE OF THE ADDITION THAT WOULD TAKE PLACE AND WHAT THAT MAY LOOK LIKE FROM THE AERIAL VIEW.

THIS IS HOW THE HOUSE CURRENTLY SITS THERE WAS A PICTURE OF WHAT WE WERE PROVIDED BY THE APPLICANT.

OVER HERE IS THE ALLEY, OVER HERE WOULD BE A LIEN ON LANE.

THIS IS SOUTH NINTH STREET WHICH EVENTUALLY BECOMES 663.

THE OTHER INTERESTING THING IS RIGHT ABOUT THE MIDPOINT HERE - - CHOKES DOWN FROM 1/20 TO 90. THIS IS KIND OF AN INTERESTING AND UNIQUE SITES. THEY GOT THE ALLEY APPEAR AND

[01:05:03]

LEAN ON LANE DOWN HERE. THE ARTERIAL ROAD BETWEEN 120 AND 90 FEET OF WAY. I MENTIONED THAT PD 14, IS THE OLD-SCHOOL WAY OF COLORING IN THE MAP.

HERE, NOT TO SCALE, I WANT TO GIVE YOU A ROUGH IDEA FOR HIS PROPERTY WHERE IT FITS INTO THAT PD 14.

SHOULD THIS BE APPROVED, YOU ARE PULLING HIS PROPERTY OUT SO IT WOULD BE IN HIS OWN, NO LONGER PART OF PD 14.

THIS IS ONE OF THE CONCEPT PLANS AS PROVIDED.

THIS SHOWS THE IDEA OF THE BUILDING FOOTPRINT WHICH IS WHAT I WAS TRYING TO SHOW YOU IN THE PURPLE SHADE IN THE AERIAL MAP. THERE WAS AN ADDRESS SIGN UP THERE BY THE FRONT OF THE ROAD. IS LOOKING AT A 4 FOOT TALL, 6 FOOT WIDE GROUND SIGN TURNED PERPENDICULAR TO THE ROAD, SET IT THREE FEEDBACK FROM THE PROPERTY LINE.

I WILL GET TO THE IMAGE OF THA , IN THIS AREA THERE WOULD BE PARKING. WE TALKED ABOUT PUTTING HEDGEROWS AND KNOCKOUT ROSES THAT WOULD HELP SCREEN THE CONCRETE AREA. HE IS ALSO PROPOSING WHERE YOU SEE THE STARS, THE GREEN LIVE OAK TREES.

ALL THE OTHER LANDSCAPING IS EXISTING.

THIS IS THAT THE PARKING AREA TO SCREEN THAT WITH KNOCKOUT.

I JUST WANT TO GIVE YOU THE REFRESHER, THE ELEVATION LOOKS LIKE. THE SHADE PURPLE TO MAKE IT CLEAR WHAT THE ADDITION IS. WHERE YOU DON'T SEE PURPLE AS FAR AS ORIGINAL. SAME HERE.

THIS IS THE SIGN. FOR THE GENERAL SENSE OF COMPARISON AGAIN, HE IS ASKING SO IT IS COMPARISON I'M GIVING YOU A ROUGH GO BY AND HOW IT COMPARED TO THE URBANVILLAGE PD . HIGH LEVEL VIEW IS SATISFYING EVERYTHING BUT THAT MINIMUM 20 - - ASKING FOR 10 INSTEAD OF 20. IN THIS SCENARIO, IT WOULD CONVERT THE GARAGE TO HABITABLE SPACE.

THOSE ARE THE TWO THINGS THAT WOULD DEVIATE.

SOMEBODY ELSE WAS DOING THIS RESIDENTIALLY, THESE ARE THE THINGS THAT WOULD BE DIFFERENT TO ASK FOR SPECIAL PERMISSION.

IT WAS IN THE PACKET FOR THE RECORD.

WITH THE NURSING CARE, THIS WOULD BE FOR 16 RESIDENTS BEING CARED FOR, THREE EMPLOYEES AT ANY GIVEN TIME TO CARE FOR THE . THIS WOULD BE A TYPE B ASSISTED-LIVING FACILITY WHICH IS A STATE DESIGNATED TERM THAT HAVE TO DO WITH THOSE WHO WOULD BE SOME KIND OF ASSISTANCE BECAUSE OF A PHYSICAL OR COGNITIVE IMPAIRMENT.

FOR NURSING CARE, THINK OF THIS AS ASSISTED LIVING FACILITY.

IT'S 16 BEDROOMS AND 17 BATHROOMS AND 7600 FT.B2.

ON THIS MAP, IT MAY BE HARD FOR YOU TO SEE BECAUSE IT IS HARD FOR ME TO SEE.WHAT I WANT TO POINT OUT IS WHERE WE HAVE THE TWO BLACK DOTS RIGHT THERE, THAT IS WHERE WE HAVE THE MORE COMMERCIAL ASSISTED-LIVING FACILITIES WHERE WE HAVE 90+ BEDS BEING PROVIDED. THE YELLOW IS THE FAMILY HOME OR COMMUNITY HOME PROVIDING CARE TO SIX PEOPLE.

THAT IS SOMETHING WHERE STATE LAW PROVIDES IF YOU FOLLOW THE RULES, CAN'T SAY TOO MUCH ABOU , LOOKING FOR MY LEGAL NONCONFORMANCE. MY BLUE AND MY RED HERE, DOES YOUR LEGAL NONCONFORMING GROUP HOMES.

WHEN PROVIDING CARE FOR ELDERLY PEOPLE, THEY WERE ANNEXED AND OPERATING SO YOU HAVE LEGAL NONCONFORMING STATUS .

THERE ONLY PROVIDING CARE TO SEVEN OR EIGHT RESIDENTS .

[01:10:03]

THEN LET'S SEE, HERE AT THE ORANGE DOT ABOUT A YEAR AGO, THAT WAS APPROVED FOR YOU VPD NURSING CARE.

A BIT DIFFERENT, DATABASE AND PLAN FOR MULTIPLE BUILDINGS AND SUCH THAT THEY WOULD BUILD FROM SCRATCH AS OPPOSED TO DOING IN ADDITION TO AN EXISTING BUILDING.

MY POINT WITHOUT THOUGH IS THAT IT IS AN ENTITLEMENT ON SOMETHING THAT HAS BEEN ZONED AND APPROVED.

IT IS NOT BEEN CONSTRUCTED AS FAR AS I KNOW.

IT IS NOT BEEN LICENSED. THEN WITH A CASE UP THERE, THE GREEN THUMBTACK WHICH IS THE ONE YOU'RE TALKING ABOUT TONIGHT BUT WAS NOTED WE HAVE A CONTINUANCE FOR ANOTHER CASE.

JUST WANTED TO HAVE IT ON RECORD SINCE WE DID NOTICE ON THE AGENDA THAT WE HAVE AN AWARENESS, SHOULD I KISS COME FORWARD IN DECEMBER. THIS IS KIND OF A UNIQUE SITE FOR REASONS I MENTIONED. I DID MENTION, BEAR WITH ME.

JUST TRYING TO MAKE WILL BE GRIN.

THIS IS THE NEAREST HOUSE TO THE REAL PROPERTY.

THE REAR PROPERTY LINE IS HERE, YOU CAN SEE THE FENCE.

EVEN WITH THAT ADDITION, THE DISTANCE BETWEEN THAT ADDITION IN THE HOUSE WOULD STILL BE 90 FEET.

MONEY TALKS ABOUT THAT, THE DIFFERENCE OF THE SETBACK, INSTEAD WHO THE OTHER GUYS SIDE YARD.

IT IS NOT LIKE HIS HOUSE IS 10 FEET FROM THE SIDEPROPERTY LINE , JUST WANTING TO BE CLEAR ON THAT.

IT IS OBVIOUSLY NOT ZONED COMMERCIAL BUT WHEN YOU HAVE 120 FOOT WIDE, 90 AND IN SOME PLACES, ARTERIAL ROADS, SOMETIMES THOSE THINGS EVOLVE COMMERCIALLY OVER TIME.

I DON'T HAVE A CRYSTAL BALL, I DON'T KNOW WHAT WILL HAPPEN HERE, MAYBE DECADES, MAYBE A CENTURY, WHO KNOWS.

AS I UNDERSTAND IT WITH THE CURRENT HOUSE THAT WAS THERE, SOMEBODY DID NOT ENJOY LIVING THERE OFF OF SOUTH NINTH STREE , HOWEVER YOU WANT TO THINK ABOUT IT.

SOMEONE CAN CONTINUE TO ENJOY RESIDENTIALLY.

HE IS PROPOSED THIS IDEA OF DOING THIS NURSING CARE STILL KEEPING THE RESIDENTIAL FORM, YET THE MOST THE GARAGE AND IT IS PLUS SIZED. WE WENT FOR A 3600 SQUARE-FOOT HOUSE UNTIL ABOUT 75 OR 600 SQUARE-FOOT HOUSE BUT WE DO HAVE A MAXIMUM OF HIS OWN DISTRICT.

THE LONGER LOT COVERAGE AT 36% EITHER LATE YESTERDAY OR THIS MORNING, I DID GET A CALL FROM SOMEONE WHO IS NOT OPPOSED.

THEY WERE NOT THE TUNICA PROPERTY OWNER NOTICE, BUT THEY WERE DOWN THE ROAD AND IF YOU HAVE ANY IMPACT IN TERMS OF PROPERTY VALUES AND TRAFFIC. WITH THAT SAID, STATUS RECOMMEND APPROVAL OF THE YOU VPD.

AGAIN, IT'S A PRETTY UNIQUE SITE.HE IS HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE AND I WILL SEND YOU HAVE ANY

QUESTIONS FOR ME. >> QUESTIONS FOR STAFF?

>> CAN YOU LOOK BACK TO THE AERIAL?

[01:15:06]

WAS TO THE LEFT OF THE HUGE TREE BEFORE HE COULD BE OF

PROPERTY? >> THE ATTACHED GARAGE.

>> THAT THIS PERSON'S PROPERTY. >> SOMEBODY WAS COMING AT HIM THIS UNDEVELOPED PROPERTY IN THE PUT A DRIVE ACCESS ONTO A 90 OR HUNDRED FOOT WITHIN SPITTING DISTANCE OF AN INTERSECTION.BUT WHAT A RESPONSE TO THAT BE?

>> I DON'T THINK THEY WOULD BE SUPER - - NORMALLY.

>> OTHER QUESTIONS?IS THE APPLICANT PRESENT? PLEASE COME UP AND IDENTIFY YOURSELF.

>> MY NAME IS (STATES NAME AND ADDRESS).

IT'S MY WIFE AND I DEVELOPING THIS.

THE TWO THINGS I WANT TO TALK ABOUT ARE THE SETBACK, THE 10 FEET OF THE BACK PROPERTY LINE. BRIAN AND I SPOKE ABOUT IT BEING 90 FEET OFF THE RIGHT NOW AND THAT IS ATTACHED GARAGE.

I WANTED IT BEING AN ISSUE AND ALTHOUGH THAT IS THE BACKYARD, WE ARE PROPOSING ON REDESIGNING THIS, OUR BACKYARD WILL BE MORE OF THE SITE. WE WILL STILL HAVE PLENTY OF HER ROOMS FOR RESIDENTS AND WHO THE CHILDREN OF THE NURSING HOME AND THE DAYCARE. AS FAR AS THE GARAGE, I UNDERSTAND THAT WE WANT TO MAKE SURE THAT IF SOMEBODY WANTED TO CHANGE THE DEVELOPMENT AND WANTED TO GO BACK TO RESIDENTIAL HOME, BUT THIS IS NEVER GOING TO GO BACK TO A RESIDENTIAL HOME.IT WILL BE RESIDENTIALASSISTED-LIVING HOME . THE SOMETHING WE REALLY WANTED.

THERE ARE 16 BEDROOMS AND 17 BATHROOMS. IT'S NOT BEING REALISTIC OR WILL GO RESIDENTIAL.

THE GARAGE USED FOR US, WE WILL NOT BE ABLE TO USE IT OR HAVE ANY CARS, GARAGE EQUIPMENT, GASOLINE, NONE OF THAT WILL BE KEPT ON-SITE. IT WILL BE OFF-SITE PEOPLE.

THE THING WE NEED A GARAGE FOR AND IT WILL TAKE A MORE ROOM ON THE DRIVEWAY. WE DON'T WANT TO CHANGE THAT.

AS FAR AS THE FRONT VIEW OF THE HOME, THERE IS A TREE THERE TOO. YOU WILL BE ABLE TO SEE, BUT THE ROOFLINE WILL CHANGE THREE OR 4 FEET ANYWAY.

IT'S ONE OF HER GOALS TO MAKE SURE THIS LOOKS LIKE A RESIDENTIAL HOME, BUT IT COULD BIG NEED FOR MIDLOTHIAN.

IT'S NOT SOMETHING I WANT TO MAKE IN SOME BUSINESS, I WANT MIDLOTHIAN TO LOOK NICE AND LIVE YOUR FOR A LONG TIME.

I WANT TO BE PROUD OF YOU WHEN I DRIVE BY.

I CAN ANSWER ANY QUESTIONS YOU MAY HAVE.

>> IS THIS GOING TO BE A 24 HOUR A DAY, SEVEN DAY A WEEK

OPERATION? >> YES, THE PEOPLE LIVE IN THE HOME FULL-TIME AND THERE WILL BE RESIDENT VIEWERS THERE

FULL-TIME. >> YOU JUST MADE A COMMENT THERE WILL BE NO OVERNIGHT PARKING.

>> I MEAN THE GARAGE, NOBODY WILL PARK IN THE GARAGE.WE ARE NOT WANT TO HAVE THAT IS WHAT I MEANT TO SAY.

>> SUMMARY PARKING SPACES DO YOU HAVE?>> THERE IS A DRIVEWAY IN THE FRONT, ENOUGH WHERE - -4 MORE PARKING SPOTS THERE. DOES CONFORM TO THE TEXT DEMONSTRATION CODE AND RESIDENTIAL ASSISTANCE LIVING THESE RESIDENTS, EVEN IF YOU'RE AT 16 WHICH IS WHERE WE ARE, IT WILL COPY THE RESIDENT CAREGIVERS THAT ARE THERE, WE'RE LOOKING AT FOUR CARS WILL BE THERE DURING THE DAY.

AT NIGHT, THERE ARE TWO PEOPLE AT MAXIMUM SO PARKING FOR ME IS NOT SOMETHING I NEEDED AN ABUNDANCE OF.

WHEN PEOPLE COME TO VISIT. >> WITH THE PARKING, COULD BE

PART? >> I LEARNED THE ANSWER TO THAT, WE CAN PARK ALL THE WAY AROUND THERE BUT THERE ARE 4 TO 16 CARS THAT ARE PARKED THERE. NOT SOMETHING I EXPECT TO BE THERE. THE THING WITH THE ASSISTED LIVING HOMES, PEOPLE DO NOT VISIT THEIR PARENTS ENOUGH.

[01:20:08]

IF YOU DRIVE BY THE OTHER RESIDENT HOMES THAT WE HAVE HERE, YOU WILL SEE THAT THERE IS PARKING THERE.

>> CHAIRMAN OSBORNE? TO SPEAK TO YOUR PARKING QUESTION. FROM WHAT I ESTIMATED, FROM THE DRIVEWAY BY THE CURRENT GARAGE, YOU CAN PARK FOR CARS AND AS HE MENTIONED THEY WOULD BE PROVIDING FOR FOR ADDITIONAL WITHIN THE SHAPE, THE TOTAL OF EIGHT.

I ESTIMATED YOU CAN PROBABLY COMFORTABLY PARK SIX IN THE U SHAPED DRIVEWAY. THAT IS NOT QUITE SATISFY THE ONE FOR THE 400 SQUARE-FOOT REQUIREMENTS, BUT YOU PROBABLY COULD MAKE UP THE BALANCE IF ONE WAS COMFORTABLE WITH THAT IS PARKING ON ONE SIDE OF THE U SHAPED DRIVEWAY BUT FULLY BLOCKING IT. I WOULD NOTE THAT ON THE YOU VPD THAT ALSO GOT APPROVED FOR A SIMILAR SIZE STRUCTURE, WE WERE ONLY REQUIRING 11. JUST TO GIVE YOU A RANGE AND AN

IDEA. >> SO IS IT THE REQUIREMENT OF SOMEONE STAY THERE FOR YOUR SERVICES, THEY CANNOT HAVE A

VEHICLE? >> THEY CANNOT HAVE A VEHICLE, NO. BUT THESE ARE PEOPLE WHO NEED HELP WITH CARE. A IS A LITTLE MORE THEY CAN DO THEIR OWN, BUT B, THEY NEED HELP SHOWERING OUT OF BED.

>> OTHER QUESTIONS:? >> THE FLOORS OPEN FOR DISCUSSION OR ACTION, IT IS UNANIMOUS.

>> I WILL HAVE A PROBLEM WITH THE CONCEPT OF USE, BUT I'M OPPOSED TO ANYTHING THAT IS NOT A PURE SINGLE-FAMILY RESIDENTIAL USE. LEGAL NONCONFORMING EXISTS BUT THOSE ARE THINGS WE NEED TO START CLEANING UP AS PROPERTIES TRANSITION AND IF WE DON'T, WE'RE GOING TO CONTINUE KICKING THE CAN DOWN THE ROAD AND MAKING THE PROBLEM WORSE AND WORSE AS TIME GOES ON BECAUSE TRAFFIC WILL NOT GET LESSER ON THAT ROAD. AS LONG AS IT IS NOT BEING ACCESSED, I AM OPPOSED TO ANYTHING ON THIS.

YOU WOULDN'T HAVE A PROBLEM WITH THAT BEING A PARKING?

>> IS IT TOO CLOSE TO THE INTERSECTION?

>> IT ALREADY IS, ARE WE MOVING IT? THE POWER COMPANY OWNS A WHOLE OTHER SIDE.

THERE'S A HUGE TRANSMISSION SO YOU WON'T DO A LOAD THAT STREET. YOU ARE AT LEAST MOVING IT OFF OF A HUGE PEOPLE MOVE AROUND OR SOMETHING THAT IS VERY MUCH A

NEIGHBORHOOD SCALE STREETS. >> WOULD YOU BE OKAY WITH THE DRAFT CONNECTING ALL THE WAY THROUGH TO THE ALLEY WITH

PARKING REMAINING IN FRONT?>> THAT WOULD BE GREAT.

IF WE HAVE A CIRCULATION OPTION FOR EMERGENCY SERVICES, FIRE.

THAT THE CONCERN I HAVE RIGHT NOW, YOU PARK FOR CARS IN THE HORSESHOE IN THE AMBULANCE NEED TO SHOW UP.

THEY NEED TO BE ABLE, THAT'S WHY WE HAVE FIRE LANES.

[01:25:02]

>> YES, SIR, COME BACK UP. >> THE POSITIVE FOR THE DRIVEWAY IS EASY DROP OFF. WHEN I DROVE BY THAT PERFECT.

I UNDERSTAND WHAT YOU ARE SAYING.

WHEN PROPOSING, WHAT IF WE GOT RID OF THE SOUTH ENTRANCE OR EXIT, I MADE THAT WAS IN ENTRANCE AT THE TOP, AND EXIT SO I CAN STILL DROP OFF PEOPLE BUT THEY WOULD BE ABLE TO GET OUT. IT ALSO WILL NOT BE SUITABLY DRIVEWAY, IF WE ARE ALLOWED TO BE THAT CLOSE.

YOU ARE RIGHT, WE ARE TOLD THAT CLOSE, SO LET'S BE REAL.

I DON'T KNOW, WITHOUT WORK? THAT WILL BE MARKED AS AN ENTRANCE AND EXIT FLUID FLOW IN PROPERLY.

THEY WILL GET IN ON THE PASSENGER SIDE BECAUSE THEY WON'T BE DRIVING. IF IT ABLE TO BECOMING - - DESIGN THE PARKING THERE AS OPPOSED TO HAVING TO PULL IN

THE SITE TOO. >> I THINK THERE IS A WAY TO MORE ARTFULLY DESIGNED THIS. MY PREFERENCE WOULD BE AS WE DISCUSSED BEFORE, TO APPROVE SOME KIND OF FIRING THAT GOES FROM THE ALLEY TO THE LANE AND THAT GIVES YOU A POINT OF INGRESS TO THE ALLEY. THE CHALLENGE WITH ENTER ONLY OR EXIT ONLY IS HE PUT A SIGN UP AND PEOPLE DO WHATEVER THEY WANT. UNLESS YOU WANT TO LITERALLY PUT THE ONE WE SPIKE STRIPS TO SAY CAUTION, MAY DAMAGE TIRES, THAT IS THE ONLY TIME YOU REALLY CONTROL IS AN INTEREST IN ENTRANCE AND IS AND EXIT AND EXIT.

MY PREFERENCE FOR ME, AND THE REST OF THE COMMISSION MAY DISAGREE, THOSE POINTS OF INGRESS AND EGRESS BE MOVED TO

THE MIDDLE LANE. >> ARE PEOPLE GOING TO BE UPSET ABOUT THE ALLEY? THERE WILL BE MORE TRAFFIC FLOW IN THERE. OUR DAY-TO-DAY OPERATIONS, THERE IS NOBODY DRIVINGIN THEIR .

THAT IS OUR GOAL, BUT FROM OUR RESEARCH, HOW MUCH TRAFFIC ARE WE GOING TO HAPPEN THE FRONT? IT'S NOTHING DIFFERENT.

WE SHOULD CHANGE THE DRIVEWAY AND WE WILL SEE STUFF DIFFERENTLY. I GUESS IT WILL NOT BE THAT MUCH DIFFERENT IF YOU DRIVING ON THE FRONT THERE.

>> CHAIRMAN? >> WELCOMES EMERGENCY SERVICES, MY UNDERSTANDING FROM FIRE MARSHAL IT WOULD MOST LIKELY COME IN ON LENA LANE AND STAGE FROM THERE FOR ANY KIND OF INGRESS OR EGRESS.

I'M THINKING MORE IN THE SENSE OF AN AMBULANCE AND SOMEONE BEING WHEELED IN ON A GURNEY. I FORGOT TO THINK ABOUT IT FROM OUR DRC BACK IN MARCH, WE NEXT TALKED ABOUT HAVING A CONCRETE PATH FOR LENA LANE OFF OF THE DRIVEWAY OR SOMETHING.

APOLOGIES, AS YOU ALL ARE TALKING ABOUT, I GUESS I WOULD LIKE TO AMEND MY STAFF RECOMMENDATION OF APPROVAL WITH THE CONDITION OF PROVIDING A CONCRETE PATH, SAY 4 FEET WIDE

TO LENA LANE. >> COMMISSIONER, MY UNDERSTANDING RATHER THAN HAVING A STRAIGHT HORSESHOE STRAIGHT FROM THE ALLEY DOWN TO LENA LANE, THAT WE WERE SAYING?

>> YES, SIR. FROM THE STANDPOINT, AND ASSISTED RESIDENTIAL FACILITY DOESN'T MEAN - - OTHER USE IN THE FUTURE. THOSE LOOK A LOT LIKE EXAM ROOMS. THE SHORT PART IS THAT THIS WILL NEVER BE ANYTHING BUT, ANY PLANNING STATEMENT THE STARTS THAT WAY IS DOOMED TO FAIL. I CAN GUARANTEE WITHIN 12 MONTHS YOU CAN GET PROVEN WRONG.

WHAT I'M THINKING ABOUT WHERE IS ARTFUL DESIGN AND WHAT HAPPENS IN THEFUTURE , NOT JUST WHAT MAKES THE PROBLEM TODAY.

[01:30:06]

>> ANYBODY ELSE? WOULD YOU LIKE TO MAKE A

MOTION? >> CONNECT THE CONDITION ON THE APPROVAL? THE EXISTING DRIVE ACCESS BE

REMOVED FROM 663 IN LENA LANE? >> YOU COULD, BUT IT'S REFERENCE TO THE CONCEPT PLAN THAT WOULD NEED TO BE ALTERED.

WHILE YOU CAN CERTAINLY MAKE THATMOTION , YOU KNOW HOW BIG OF A FAN I AM OF YOURMAKING RECOMMENDATIONS .

>> I MAKE A MOTION TO DENY AS PRESENTED.

>> THERE IS A MOTION ON THE TABLE TO DENY, IS THERE A SECOND? MOTION FAILS.

THE FLOORS OPEN FOR ANOTHER MOTION.

>> I WILL MOVE TO APPROVE STAFF COMMENTS.

IF THERE, ON THE CONCRETE WALKWAY?

>> I WAS MAKING AN APPROVAL BASED ON DISTRICT CLARITY.

THE STAFFER COMMISSION TO APPROVE THE ORDINANCE YOU HAVE BEFORE YOU WITH THE CHANGE FORA 4 FOOT CONCRETE WALKING PATH .

THAT IS THAT. THE THINK YOU HAVE BEEN DISCUSSING IS SEPARATE. IF YOU ALL WERE TO HAVE A CONNECTION TO LENA, THEN MAYBE WE DON'T NEED THAT 4 FOOT SIDEWALK BECAUSE THE CONCERN IS HAVING A GOOD SOLID-STATE TO

OPERATE THE GURNEY. >> I WILL MAKE A MOTION TO APPROVE WITH ACCESS TO LENA LANE.

DOING AWAY WITH THE SOUTH ENTRANCE OFF OF - - STREET.

>> I WILL SECOND THAT. >> WHAT YOU ARE SAYING IS YOU WILL CONTINUE DOWN TO LENA BUT CLOSE THE BOTTOM?

>> THEY WILL HAVE ACCESS OFF OF NINTH STREET AND CONTINUE DOWN TO LENA LANE, I THOUGHT HE WAS ALREADY WILLING TO DO THAT.

>> THAT I HEAR A SECOND? WE HAVE A MOTION AND THE SECOND ON THE FLOOR. ANY OTHER DISCUSSION? ALL IN FAVOR OF THE MOTION, AYE.

OPPOSED? IT DOES PASS.

[013 Conduct a public hearing to consider and act upon an ordinance for a Specific Use Permit (SUP) for a solar farm for 678± acres out of the John Chamblee Survey, Abstract No. 192 and the S. D. Sutton Survey, Abstract No. 1015, presently zoned Single-Family One (SF-1) District. Including property parcel numbers 201487,181191,181167,181149, 191218, 181260, 181168, 238841, and 181089. The property is generally located to the north of U.S. Highway 67 between Ward Road and South Weatherford Road and extending north of Wyatt Road. (Case No. SUP22-2023-109)]

ITEM 013. CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) FOR A SOLAR FARM FOR 678B1 ACRE OUT OF THE JOHN CHAMBLEE SURVEY, ABSTRACT NUMBER 192 AND THE S. D. SUTTON SURVEY, ABSTRACT NUMBER 1015, PRESENTLY ZONED SINGLE-FAMILY ONE (SF-1) DISTRICT. INCLUDING PROPERTY PARCEL NUMBERS 201487,181191,181167,181149, 191218, 181260, 181168, 238841, AND 181089. THE PROPERTY IS GENERALLY LOCATED TO THE NORTH OF U.S. HIGHWAY 67 BETWEEN WARD ROAD AND SOUTH WEATHERFORD ROAD AND

EXTENDING NORTHOF WYATT ROAD . >> CHAIRMAN, I FORGOT TO GET THIS TO YOU AT THE BEGINNING OF THE MEETING.

THIS IS A SPECIFIC USE PERMIT FOR THE FARM, WHICH IS THE SOLAR FARM THAT OPERATES FOR - -. IT IS 678 ACRES.

COUNCIL ORIGINALLY APPROVED ON MAY 12, 2020.

[01:35:04]

IT WAS ORDINANCE NUMBER 2020 Ã 2021.IT EXPIRED IN MAY OF THIS YEAR DUE TO A CERTIFICATE OF OCCUPANCY NOT BEING ISSUED WITHIN THREE YEARS OF COUNCIL APPROVAL.

THE PROPERTY IS ZONED SINGLE-FAMILY ONE AND THE FUTURE LAND USE PLAN SHOWS THIS AREA AS INDUSTRIAL MODULE.

SO, THE COMPANY OF THE PLAN SUPPORTSTHIS .

IT ENSURES LONG-TERM FINANCIAL STABILITY AND MIDLOTHIAN .

THE APPLICANT WILL GO INTO MORE DETAIL WHAT THAT AND IT ENSURES A FUTURE ECONOMIC GROWTH WITH INDUSTRIAL INNOVATION.

THE SURROUNDING PROPERTIES ARE TO THE NORTH, IT E TJ, RESIDENTIAL PRIMARILY, LARGE LOTS.

IT SHOWS INDUSTRIAL MODULE. THE SOUTH IT IS - - RIGHT AWAY WHICH IS ALSO INDUSTRIALMODULE .

TO THE EAST IS PD 147 FOR COMMERCIAL AND INDUSTRIAL USES.

THAT IS A REGIONAL MODULE AND THE WEST IS ELLIS COUNTY WHICH IS MOSTLY RESIDENTIAL WITH SOME COMMERCIAL.

I DID LOOK AT ALL THE PREVIOUS MEETINGS FROM THIS AND THE APPLICANT MET WITH THE NEIGHBORHOOD AND HAD AN OPEN HOUSE PRIVATE INITIAL SUBMITTA .

THE REASON IT TOOK THREE YEARS WAS BECAUSE THEY HAD SOME THINGS THAT COME UP IN TERMS OF SUPPLY CHAIN ISSUES.

THEY WERE GOING TO MORE DETAILS THEMSELVES BUT THE - - ARE THERE TODAY. IT IS MOSTLY COMPLETE AT THIS POINT. THE PLAN SHOWS SOUTH WYATT ROAD IS A MAJOR COLLECTOR. THERE ARE TWO GATED IN INCIDENCES ON THE EAST SIDE. YOU HAVE AN ENTRANCE HERE AND IN ENTRANCE GOING IN THIS DIRECTION.

THERE ARE SLOTS FOR EMERGENCY ACCESS, THE INTERIOR ACCESS THOSE ARE ASPHALT AND CRUSHED ROCK.

THEY DID GET ALTERNATIVE PAVING APPROVED AS 12 INCH COMPACTED SUBGRADE WITH CRUSHED AGGREGAT .

IN COMPLIANCE WITH TECH STOCK STANDARDS AND A LICENSED ENGINEER. TO THE WEST IS SOUTH WEATHERFORD ROAD, THERE IS ONE THIRD ACCESS POINT THAT COMES OFF OF SOUTH WEATHERFORD. IT IS CURRENTLY TWO LANES, EVENTUALLY WILL BE FOUR LANES. IT WAS CHANGED, THE PLAN WAS AMENDED THE DOWNGRADED FROM 120 FOOT ARTERIAL TO 80 FOOT WIDE MAJOR PLAQUES. THE APPLICANT IS WORKING VERY HARD TO GET ALL THIS TAKEN CARE OF.

STAFF HAS BEEN HELPING TO COORDINATE THAT EFFORT.

THE INTERIOR ACCESS ROADS ARE CONSTRUCTED PENDING FINAL FIRE DEPARTMENT INSPECTION. THERE ARE A FEW MORE THINGS TO DO THERE. THERE WERE 80 SOLAR PANELS MOVED OUT OF A SETBACK WITH THE LANDSCAPE PLAN.

THE DEVELOPMENT STANDARDS AS PROVIDED IN SECTION 7 OF THE SOLAR FARM ORDINANCE. CHANGES FROM THE ORIGINAL ORDINANCE - - JANUARY 5, 2022 WHICH IS CHANGE THE RIGHT-OF-WAY LINE. IT IS NOW MEASURED FROM THE CENTERLINE 40 FEET TO THE EAST. THE TERMINATION CLAUSE HAS BEEN CHANGED FROM THREE YEARS TO 18 MONTHS SO WE'LL HAVE TO RENEW IT AGAIN. THE OPERATION AND MAINTENANCE HAS BEEN ADDRESSED IN TERMS OF A BUILDING WHICH IS 1800 FT.B2

[01:40:03]

THAT CAME BEFORE YOU IN AUGUST. COUNCIL APPROVED A WAIVER AND AN EXCEPTION FOR THE PAVING STANDARD FOR THAT FACILITY.

SO AS YOU CAN SEE, THE LANDSCAPE PLAN STILL INCLUDES THE - - BUFFERS THAT ARE LOCATED WHERE THERE IS FEMA FLOODPLAIN. THE PURPOSE IF THAT IS TO MAINTAIN THE VEGETATION ALONG THE FLOODPLAIN.

THE APPLICANT PROVIDED MORE DETAILED PLANS FOR STATUS REQUEST. WE ASKED THEM TO GIVE MORE DETAIL ON THE CURRENT BOUNDARY, THE LANDSCAPE BUFFERS WHERE THE ARRAYS ARE LOCATED AND THEY ALSO PROVIDED THIS RED DOTTED LINE IS A 20 FOOT LOADBEARING BUFFER.THE REASON THEY DID THAT WAS TO ENSURE THAT THERE WEREN'T ANY ENCROACHMENTS TO SEE IF THERE IS ANYTHING SPECIFICALLY LIKE NEED TO BE ADDRESSED. ONE OF THE THINGS THAT WE DISCUSSED WAS THE ABILITY TO DO SUBSTITUTIONS.

THERE ARE ABOUT 24,000 LINEAR FEET OF PERIMETER FOR THE SITE.

WE WANTED TO SEE IF WE CAN MAKE SURE THAT ACCEPTABLE EXISTING TREES WOULD REMAIN. THEY NEED TO BE HEALTHY, WE INCLUDED THE SPECIES IN THE ORDINANCE SPECIFICALLY, THE GOAL IS TO ACHIEVE DIVERSITY AND AVOID A MONOCULTURE.

MUCH OF THE PROPERTY IS NOT SERVED BY MIDLOTHIAN WATER.

THE APPLICANT IS REQUESTING TO USE IRRIGATION BAGS AND WATER TRUCKS FOR AREAS WHERE THERE ARE NOT WATER LINES THAT THEY CAN CONNECT TO. WE HAVE ASKED SPECIFICALLY THAT THERE BE IRRIGATION ALONG HIGHWAY 67 BECAUSE THERE IS A WATER LINE THERE AND IT ACCORDING - - DAILY, AT LEAST IN 2019. IT IS A VERY VISIBLE AREA, I CAN SHOW YOU PICTURES AS FAR AS THE DIFFERENCE BETWEEN THE AREA THAT DOESN'T HAVE LANDSCAPE AT THIS TIME.

THIS IS THE AREA I AM TALKING ABOUT.

THIS AREA IS PRETTY DENSE VEGETATION AND THIS IS THE AREA WHERE THERE ISN'T AS MUCH. THE APPLICANT HAS PROVIDED DETAILS WITH WERE NOT INCLUDED WITH THE ORIGINAL SUBMITTAL IN TERMS OF THE REQUIREMENTS FOR PLANTING.

THEY HAVE PROVIDED QUITE A BIT MORE DETAIL THAN WITH THE ORIGINAL APPLICATION. ONE OF THE THINGS, WE HAD ONE OPPOSITION LETTER CANNOT BE MET WITH THAT PERSON IN THIS AREA THAT YOU SEE WITH THE BRANCH POST IS OUTSIDE OF THE FLOODPLAIN, HOWEVER, THE APPLICANT HAS AGREED TO WORK WITH THE OWNER OF THE PROPERTY. THEY HAVE AGREED TO PUT IN TREES AND SHRUBS 20 FEET NORTHWARD, 190 EASTWARD FROM THE 3 INCH POST AND - - PERIMETER FENCE 16 FEET NORTHWARD, ABOUT 180 FEET EASTWARD.

SO, WE DID DRAFT LANGUAGE AND ORDINANCE.

YOU WILL HAVE THE OPTION IF YOU CHOOSE, IF YOU WANTED TO APPROVED AS PRESENTED, THAT WOULD NOT INCLUDE THAT EXTRA

[01:45:03]

LANGUAGE OR IF YOU WANTED TO ADD THAT AS A PART OF THE ORDINANCE, YOU WOULD HAVE THAT OPTION AS WELL.

55 LETTERS WERE MAILED, THERE WAS ONE LETTER OF OPPOSITION, STAFF RECOMMEND APPROVAL AS PRESENTED HOWEVER IF THE COMMISSION WISHES TO ADDRESS THE PROPERTY OWNERS CONCERNS, WE CAN ADD THAT LANGUAGE AS WELL.

OTHER QUESTIONS OF STAFF? >> ASIDE FROM THE RECOMMENDATION, WHAT ARE WE CHANGING.

>> SIGNIFICANT CHANGES ARE THE BOUNDARIES CHANGED ON THE WEST SIDE. THE RIGHT OF WAY LINE SHIFTED.

THEY'VE ALREADY MOVED 80 SOLAR ARRAYS WHICH IS A PRETTY HUGE THING I THOUGHT ABOUT SETBACK AS SHOWN ON THE ORIGINAL SU P.

THE LANDSCAPE, WE ASK FOR MORE DETAIL IN THE PROVIDED QUITE A BIT MORE DETAIL. WE ALSO HAVE ASKED THAT THEY WORK WITH US ON TIMEFRAME. THEY ARE TRYING TO GET IT COMPLETED RIGHT AFTER COUNCIL WITH YOUR EXPERT THEY ARE TRYING TO DO IT WILL WITHIN THE 18 MONTHS.

THE ORIGINAL ONE HAD THREE YEARS AND WE PUT 18 MONTHS THINKING IF SOMETHING WHILE THE CRAZY HAPPENEDAGAIN, WE WOULD HAVE TO BE BACK HERE . THOSE ARE THE MAJOR

DIFFERENCES. >> ANY QUESTIONS OF STAFF? IF THE APPLICANT PRESENT AND WISH TO SPEAK? PLEASE, IDENTIFY YOURSELF AND WHETHER OR NOT YOU LIVE IN THE

CITY. >> ABSOLUTELY, WE DO A PRESENTATION. I AM - - FACILITY THAT IS THERE AN OPERATING FOR 50 YEARS NEXT YEAR.

PRODUCING ASIGNIFICANT AMOUNT OF STEEL HERE IN MIDLOTHIAN .

CAPACITY OF 1.8 MILLION TONS PER YEAR, INCREASING CAPACITY CLOSE TO 2 MILLION TONS PER YEAR.

WE ARE WORKING ON A GROWTH PLAN TO INVEST ANOTHER 400 MILLION FOR THE NEXT THREE YEARS IN THE COUNTY AND STATE ARE FULLY AWARE OF WHAT THE PLAN IS. THE SOLAR FARM IS IN LINE WITH OUR STRATEGY TO PRODUCE - - HERE.

YOU LOOK AT OUR FACILITY, OUR FACILITY IS BASICALLY A FACILITY THAT WOULD TAKE CRUSHED CARS AND RENOUNCED THEM AND REPURPOSE THEM.WE ARE A BIG RECYCLE OR THE GREEN ENERGY IS A PART OF OUR STRATEGY AND A PART OF THIS THAT WAS PRESENTED A FEW YEARS AGO. OF COURSE WITH THE CHALLENGES RELATED TO LOGISTICS AND COVID, THE PROJECT GOT DELAYED A LITTLE BIT. PART OF THAT WILL BE PRESENTED SOON BY OUR PARTNER HERE. WE WILL ALSO HAVE A PRESENTATION COMING FROM OUR ENERGY SPECIALISTS FROM CORPORATE THAT ISHERE, ERIC . JUST HIGHLIGHTING THE IMPORTANCE OF THE FACILITY HERE, OVER 1000 EMPLOYEES, 1000.3 ACTUALLY. AS A DOWNTURN FACILITY THAT IS CONDITIONS NOW WITH 112 JOBS. A SIGNIFICANT AMOUNT OF PAYROLL IS STAYING HERE IN THE CITY. ANOTHER IMPORTANT POINT, THE TOTAL TAXES PAID FOR THE STATE AND THE CITY.

AFTER THE PRESENTATION, I WILL BE AVAILABLE IF ANY QUESTIONS ARE RAISED. WE APPRECIATE THE PARTNERSHIP WITH THE CITY AND ALL THE SUPPORT ON THIS PROJECT.

NOW I WILL HAND IT TO ERIC SO SHE WILL PRESENT THE LOGICAL DEMANDS FOR FACILITY AND THE IMPACT OF THE SPECIAL PROJECT.

THANK YOU. IT IS SUPPOSED TO MAKE IN A

[01:50:14]

PRODUCTIVITY AND HAVE PROVED WE MIGHT NOT OTHERWISE HAVE BEEN ABLE TO. ALSO DANIEL SAID, IT IS TRACKING INVESTMENT. IT IS CRITICAL ON THE PRODUCTION BASIS AND ON A STRATEGIC BASIS AS HE MENTIONE . WE ARE VERY HAPPY TO HAVE THIS FACILITY OPERATING CURRENTLY. I HOPE THAT WE WILL BE ABLE TO WORK WITH YOU ALL TO GET THIS EXTENSION OR MOVE THE SPECIAL

USE PERMIT. >> GOOD EVENING EDELMAN, THANK YOU FOR YOUR TIME. I AM HERE ON BEHALF OF ELLIS SOLAR ALONG WITH MY COLLEAGUE. WE APPRECIATE YOUR TIME AND ARE HAPPY TO REPORT THAT WE ARE CLOSE TO COMPLETION AT THIS POINT. THE OUTSTANDING ISSUES THE LANDSCAPE OFFER. BECAUSE WE WERE UNABLE TO COMPLETE THAT FOR REASONS OUTSIDE OF OUR CONTROL AND THAT THE READER TIMEFRAME, WE ARE SEEKING A REASSURANCE OF THE SAME SU D SO WE CAN FINISH THE LANDSCAPING, AND MOVE ON TO THE OPERATION PORTION OF OUR PROJECT.

I WILL NOT REHASH WHAT ELLIOTT NOTED BUT ESSENTIALLY IT IS VERY SIMILAR TO THE SPECIFIC USE PERMIT WE RECEIVED BACK IN MAY 2020 WITH THE EXCEPTION OF A SMALLER FOOTPRINT AND ADJUSTMENT OF THE LANDSCAPING THAT WE WANT TO MAINTAIN FOR A MORE ENHANCED BUFFER. DURING THE OPERATION, WE ARE WORKING ALONGSIDE A CONTRACTOR THAT SPECIALIZES IN SOLAR FACILITY MANAGEMENT. WE ALSO CONNECTED WITH THE LOCAL RANCHER TO HAVE THEM ASSIST US WITH MANAGEMENT OF THE SITE. THEY ARE THERE FULL-TIME HELPING MAINTAIN ON SITE. THAT IS THE SITE PLAN AS IT IS RIGHT NOW, IT IS NO LONGER SOUTH OF HIGHWAY 57.

WE HAVE OTHERWISE WORKED HARD TO MAINTAIN EVERYTHING PERMITTED ON THE ORIGINAL USE PERMIT.

HE REALLY WANTED TO GENERATE POWER DURING THE CRITICAL SUMMER MONTHS. WE ARE HOPING WE CAN HAVE THE LANDSCAPING COMPLETE BY THE END OF THIS YEAR AND GET A CERTIFICATE OF OCCUPANCY SHORTLY THEREAFTER WORDS.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> CAN YOU GO AHEAD AND SAY YOUR NAME FOR THE RECORD,

PLEASE. >> MY NAME IS NICOLE HARRISON.

I PERFORMED TURNED IN BY DEBORAH AND I WILL ALSO HAVE THE FORM FILLED OUT, SHE WOULD LIKE TO SPEAK, IS THAT CORRECT? IF YOU WOULD COME FORWARD AGAIN, STATE YOUR NAME.

>> MY NAME IS DEBORAH (STATES NAME AND ADDRESS).

I AM IN THE CITY. YOU GUYS STOOD UP HUMANS GET APPROVED BACK IN MAY 2023. YOU GUARANTEE THAT THIS WOULD BE PLEASANT AND ALLTHAT . YOU SAID THE REQUIREMENTS OF THE SOLAR PANEL, THEIR CONCEPT, I CAN GIVE YOU A MAP ON WHICH PANELS WILL NOT BE NEAR MY BACK PROPERTY.

HE SAID THERE WILL BE A 20 FOOT BUFFER, WITH A 10 FOOT SETBACK WITH A CHAIN-LINK FENCE. PROMISES WERE TAKEN AWAY.

THEY TORE DOWN THE BUFFER ON MY PROPERTY.

I LOOK AT MY BACK WINDOW ANALYSES NOTHING BUT SOLAR PANELS. YOU APPROVED A 12 FOOT, THEY COULD NOT GO ANY HIGHER THAN 12 FOOT.

THEY STARTED MOVING TO HER ON THE BACK OF MY PROPERTY AND FILLED THE BIG HILL. NOW I HAVE SOLAR PANELS LOOKING WAY UP ON THE HILL OUT OF MY BACKYARD.

I HAVE JUST SEEN THAT THEY REMOVED 80 PANELS FOR A 30 FOOT SETBACK. HERE ARE JUST MEASURED, SETBACK IN THE CHAIN-LINK FENCE IS 23 FEET FROM MY PROPERTY LINE.

[01:55:07]

I WANT THAT CHAIN-LINK ALSO MOVE BACK AND THE SOLAR PANELS TAKEN AWAY BACK THERE. AND, I THINK MARY FOR COMING OUT AND DISCUSSING, BUT I WANT A DEFINITE PLAN ABOUT WHAT I WAS PROMISED THAT I WOULD NOT SEE THE SOLAR PANELS ON THE BIG OLD HILL BACK THERE. I CAN HAVE THE USE AND ENJOYMENT OF MY PROPERTY. THIS IS ALL FLOOD PLANE, DO YOU KNOW WHAT IS HAPPENING? EROSION IS COMINGDOWN ONTO MY PROPERTY . I WAS PROMISED THIS WOULD NOT HAPPEN. YOU GUARANTEE ME I WOULD NOT HAVE A PROBLEM SO GUESS WHAT, IT'S SOMEBODY ELSE'S PROBLEM.

I AM WILLING TO WORK WITH THAT BUT I DO WANT TO SEE THESE PANELS. IF WE HAVE THE POLITICAL 20 FOOT WALL, THAT IS SOMETHING THAT HAS TO BE DONE.

- - IS NOT GOING TO HIDE THAT BIG OLD HILL WITH THE SOLAR PANELS. HOW ARE WE GOING TO RECTIFY THIS AND KEEP THE BUFFER THAT THEY ARE SUPPOSED TO AND THE 10 FOOT SETBACK? I THINK THE RESOLUTION IS TO BE GIVEN TO MY CONSIDERATION FOR MY CONCERNS, I WAS THEIR FIRST MONTHS IS MY PROPERTY. I TOOK A PHOTO EVERYTHING FROM THE END TO NOW GUYS, I WANTED RECTIFIED NOW BEFORE THEY GET THOSE PERMITS. THANK YOU.

YOU ALL ARE LOOKING TO HAVE THIS.

>> IF YOU WOULD LIKE TO TURN THAT IN THIS INFORMATION FOR STAFF, WE WILL BE HAPPY TO TAKE IT.

THANK YOU. I HAVE KNOWN HIM TO SPEAK SO I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> SO MOVED. >> I WILL SECOND THAT IT.

>> ANY FURTHER DISCUSSION? ANY OPPOSED?

>> IS THAT THE SAME OR DIFFERENT CONCERN PARTY

ADDRESS? >> THAT IS THE SAME ONE.

>> CAN YOU PUT IT BACK TO THE REGULAR ?

>> WITH THE APPLICANT LIKE TO ADDRESS THE POINT MADE ABOUT HOW FAR BACK? LIKE 80 SOMETHING FEET?

WHICH ONE IS IT? >> HAPPY TO SPEAK ON THIS.

MY UNDERSTANDING WAS WE INSTALL THE FENCE AT THE 30 FOOT MARK BUT WE ARE MORE THAN HAPPY TO LOOK INTO IT AND IF IT DOES TURN OUT TO BE LESS THAN 30 FEET, WE ARE HAPPY TO DO THAT.

WE WOULD ASK SOME FLEXIBILITY IN TERMS OF TIMELINE BECAUSE HE WILL BE THE CONTRACTOR FOR THAT WORK AND WE WOULD BE SOMETHING TO THE EFFECT ALLOWED TO THE IRRIGATION WHICH IS 90 DAYS FROM THE DATE OF THE CERTIFICATE OF OCCUPANCY OF ISSUES. WE WOULD ASK FOR SOMETHING GIVEN WE EXPECT ALL OF THE ELEMENTS FOR THE CERTIFICATE TO

BEGIN NEXT MONTH. >> WHAT WAS THE ORIGINAL TIME

PERIOD GIVEN? >> THREE YEARS.

[02:06:24]

[02:06:26]

BACK CASE BUT I WOULD PROBABLY, JUST DO STRAIGHT.

FROM THE ORDINANCE. IF THAT IS WHAT YOU'RE ASKING , IF WE MOVE THAT WAY. OKAY. I MEAN RIGHT NOW IT IS WINTER TIME. THIS TIME OF YEAR. SO, YEAH. IF THAT IS THE WISH OF THE

COMMISSION. >> SAYS YOU HAD A CHANCE TO SPEAK HIM I'M GOING TO MAKE AN EXCEPTION GIVE YOU ONE EXTRA MINUTE. COME UP TO THE PODIUM.

>> BY PLANTING TREES AND ALL THAT, THAT IS FINE WITH ME BUT I MIGHT TO SET SOME KIND OF LIMIT , I DON'T WANT THEM PUTTING UP LITTLE 1 INCH OAK TREE BACK THERE. YOU KNOW, TREES THAT THEY TORE DOWN WERE 20, 30 FEET TALL. SO I WANT SOME BIGGER TREES UP THERE TO GIVE IT A GOOD STARTS I DON'T HAVE TO SEE IT, NOT A LITTLE STICK IN THE GROUND, THANK YOU.

THE PLEASURE OF THE COMMISSION. >> MAKE A MOTION TO APPROVE TO INCORPORATE STEPS, MODIFICATION REGARDING THE ADDITIONAL LANDSCAPING , RUNNING NORTH AND EAST TO BE COMPLETED WITHIN 90 DAYS FOR THE ORDINANCE, GIVEN WHAT IS YOUR VERNACULAR? DISCUSSION , ANY OPPOSED? ITEM 014 THE GOVERNMENT REGULATION

[014 Conduct a public hearing to consider and act upon an ordinance amending the development regulations to allow temporary storage containers in Planned Development-24, being ±27.71 acres of Lot 1, Block A, Walmart Addition, City of Midlothian, Ellis County, Texas. The property is generally located at 400 S. Highway 67 (Case No. Z31-2023-114)]

TO MY STORAGE CONTAINERS AND PLAN DEVELOPMENT 24 .71 ACRES PER LOT WALMART ADDITION PROPERTY LOCATED HIGHWAY 67.

SEASON IS ITEM 14 IN ADDITION TO THE CASE NUMBER THIS IS FOR AN AMENDMENT , FOR WALMART STORES CONTAINERS AT THE SITE.

THIS IS SOMETHING FOR THE LAST COUPLE OF YEARS, THE COUNCIL, THIS IS BEEN BROUGHT TO THE COUNCIL TO ALLOW FOR ADDITIONAL STORAGE FOR THEIR HOLIDAY SEASON MERCHANDISE. SO, THEY'RE ASKING FOR THIS YEAR FOR THE SAME REQUEST. AGAIN, THIS NEXT SLIDE IS THE LOCATION EXHIBIT WITH WALMART RIGHT HERE IN THE CENTER. SO, THERE IS SOME CASE HISTORY . THE CITY COUNCIL MEETING, THEY BUTTED 4-3 AND THAT WAS TO ALLOW FOR THE STORAGE CASE TO BE ON SITE UNTIL OCTOBER 1ST, UNTIL DECEMBER 21ST. AND THEY VOTED 6-0 FOR APPROVAL . THIS NEXT

[02:10:06]

SLIDE IS THE LAYOUT EXHIBIT THAT EASY ALONG THE LEFT-HAND SIDE. THEY ARE REQUESTING STORAGE CONTAINERS TO BE 40 FOOT LONG. IT WILL BE LOCATED ALONG THE LEFT SIDE HERE IN THE PICKUP AREA AND THIS IS TO HELP STORE MERCHANDISE FOR ADDITIONAL SEASONAL MERCHANDISE. SO, THE PRIMARY DIFFERENCE WILL BE FROM THIS YEAR AND LAST YEAR AS YOU SEE FROM THE SECOND BULLET POINTS, WILL BE FROM DECEMBER 13TH TO DECEMBER 31ST. SO, THAT IS THE PRIMARY DIFFERENCE THAT WE WILL ADD A LITTLE MORE TIME TO THAT. THEY WILL PROVIDE A TEMPORARY 6 FOOT CONSTRUCTION FENCING. THIS NEXT SLIDE SHOWS WHAT THOSE STORES CONTAINERS ARE PROPOSED TO LOOK LIKE. TO THE RIGHT HAND SIDE IS AN IMAGE OF WHAT THE FENCING WOULD LOOK LIKE . WE'VE NOT RECEIVED ANY ORDERS OF SUPPORT OR OPPOSITION AND THE STAFF IS REPRIMANDING APPROVAL . SOURCE CONTAINERS ARE NOT ALLOWED ON SITE NO EARLIER THAN DECEMBER 21ST AND NO LATER THAN DECEMBER 31ST, 2023. THAT CONCLUDES

THAT PRESENTATION. >> THIS WOULD BE ON WHAT I CALL THE NORTH SIDE OF THE BUILDING? WHERE WAS THE LAST YEAR?

>> SAME EXACT PLACE, YES SIR. THE APPLICANT IS HERE AS WELL.

EVERY YEAR? >> THAT IS THE DIRECTION THAT

WE HAVE BEEN GIVEN, YES SIR. >> WE'VE HAD THAT DISCUSSION.

>> THAT IS UP TO RECOMMENDATION OF THE COMMISSION FOR WHAT YOU WANT TO DO. THERE WAS SOME CONFUSION I THINK AMONGST STAFF, AT LEAST WITH ME, I THINK STAFF WILL PROBABLY SET ME STRAIGHT. I WAS UNDER THE IMPRESSION AS WAS MY PARTNER THAT THIS WAS TO BE A ONE-TIME MOTION . WHAT WE COULD DO BETWEEN OCTOBER AND END OF DECEMBER EVERY YEAR TO BE DONE. THERE WAS A DISCUSSION WITH COUNSEL AND THINK AGAIN IT IS UNCLEAR. THE STAFF UNDERSTOOD AND IT WAS WRITTEN THAT WAY THAT IT WOULD NOT BE EVERY YEAR BUT IT WAS UNTIL JANUARY OF 2023 AND THAT IS REQUIRING THEM TO COME BACK. IN THE MEANTIME THE COUNCIL DID ADOPT THE STANDARD FOR ALLOWING THIS . AS OPPOSED TO ZONING APPLICATION. A SPECIAL PERMIT TO BE DONE EVERY YEAR. WITHOUT HAVING TO GO THROUGH A FORMAL ZONING PROCESS. SO, THEY ARE NOT

QUALIFIED FOR SPECIAL PERMIT? >> THE PD GOT A MINUTE TO INCLUDE IT MUCH AFTER TO TAKE IT OUT AND MAKE IT SUBJECT TO THE PROCESS OR DO WHAT WE ARE DOING RIGHT NOW. NOW, I WILL TELL YOU THE ORDINANCE THAT I CRAFTED SAID THAT STAFF , THIS DID NOT HAVE THE DECEMBER 13TH DATE, TO PROVIDE FOR JUST CHANGING DECEMBER 31ST OR JANUARY 1ST, 2023 TO DECEMBER 31ST OF 2023 WHICH THEN THAT YEAR WHICH KEEPS CHANGING BY AMENDMENT EVERY YEAR. IF WE KEEP ON THE SAME METHODOLOGY.

THE SPECIAL PERMIT REQUIRES COUNSEL .

>> YES. >> I WILL SAY THIS REAL QUICK.

YES, THE ORDINANCE SAYS DECEMBER 31ST, DECEMBER 13TH, BECAUSE COUNSEL DATE IS DECEMBER 12TH IN THIS CASE WOULD GO. NO ARGUMENT DECEMBER 13TH IS WHERE IT IS COMING FROM. I WILL CLARIFY AND SAY THE APPLICANT AS IN WALMART WOULD PREFER NOT TO COME HERE EVERY SINGLE YEAR TO DO THIS BUT I THINK AT THE COUNCIL MEETING LAST YEAR THAT WAS KIND OF THE DIRECTION THAT THE COUNCIL WANTED TO GO. NOT TO GET MORE INSIGHT INTO THE MEETING. YOU ARE HE MENTIONED THE VOTE WAS 4-3 AND AT THAT POINT A RESUME FOR BEING SO CLOSE WAS THAT THERE WAS DISCUSSION AMONGST NOT ONLY COUNSEL BUT PNC AT THE TIME AS WELL THAT THE SITE BEING IN COMPLIANCE. THERE WAS LANDSCAPING AT THE TIME AND A

[02:15:01]

FENCE THAT WAS LEANING OVER. WITHIN A COUPLE OF MONTHS OF THAT TIME, ALMOST A YEAR TO THIS POINT, THEY HAVE BEEN IN COMPLIANCE WITH THE LIFE-GIVING ISSUES AND THINGS LIKE THAT.

THAT WAS SOME OF THE PRIMARY REASONS THAT COUNCIL WANTED

THEM TO COME BACK. >> I AM FINE TO GO TO COUNSEL EVERY YEAR AND GET A SPECIAL PERMIT. I JUST DON'T SEE WHY IT GOES PNC EVERY YEAR BEFORE COUNSEL. I MEAN, MY RECOMMENDATION WOULD BE, HOW DO WE IMPROVE THIS TONIGHT ? IT IS APPROVED PURSUANT TO THE SPECIAL PERMITTING PROCESS, CAN

WE DO THAT? INSTEAD OF 13 . >> WAS THERE NOT SOME DISCUSSION WITH HIM ABOUT THEM EXPANDING SO THAT -- WOULD

HAVE BEEN TO THAT QUICK >> THEY ARE GOING TO THE PROCESS RIGHT NOW, I CAN LET THEM SPEAK A LITTLE BIT MORE TO THAT. THERE WAS ANYTHING SPECIFIC THAT WAS CATERED TOWARDS FIXING THIS MATTER OF STORING ADDITIONAL MERCHANDISE.

THE BACK IN . >> I ASSESS SPECIFICALLY.

CORRECT. >> I REMEMBER THAT

CONVERSATION. OTHER QUESTIONS? >> WHAT YOU'RE SAYING IS BECAUSE HIS HOW THIS GOT MOVED INTO THIS PROCESS THAT THEY NEED TO GET AMENDED AGAIN. IF WE VOTE THIS THROUGH TONIGHT FOR THEM, THEN I WOULD SAY STAFF AND APPLICANT WORK TOWARDS A PERMIT TO NOT HAVE TO DO THIS AGAIN CRACKED HONESTLY, THE WAY TO DO THAT , YOU CAN ACTUALLY DO THAT NOW AND JUST DELETE THE 2023 DATE THAT IS IN THE ORDINANCE. I MEAN, JUST DELETE THE YEAR 2023. NO LATER THAN DECEMBER 31ST OR MERELY FOLLOWING DECEMBER 31ST. COUNSEL , THE REGULARIZATION LAST YEAR TO GO THROUGH THE END OF DECEMBER.

SO THE CONTAINERS HAVE TO BE GONE BY JANUARY 1ST.

>> LET ME CLARIFY REAL QUICK.

>> THAT IS STILL PART OF THE SPECIFIC PERMIT EACH YEAR?

>> NO, I THINK THAT IS WHERE, HERE IS MY UNDERSTANDING.

COUNSEL WANTS TO TELL THEM YES OR NO BASED ON HOW THEY ARE BEHAVING. I DON'T THINK WE NEED PNC .

>> THE SPECIAL EXCEPTION WOULD ALSO , SAYS THAT GOES TO COUNSEL AT A RECOMMENDATION , I JUST WANTED TO ADD THAT.

>> WE DO THIS EVERY YEAR. >> IS THE APPLICANT PRESENT AND WISH TO SPEAK? WOULD YOU IDENTIFY YOURSELF AND WHERE YOU

LIVE? >> MY NAME IS CHRISTINA, I AM THE STORE LEAD FOR WALMART HERE IN MIDLOTHIAN. AND THE REASON THAT WE CHANGE THE DATE TO DECEMBER 13TH IS OR TRY TO HOLD OFF AS MUCH AS WE COULD BEFORE WE HAD TO REALLY ASK FOR THE SOURCE CONTAINERS. WE TRIED TO DO IT THIS YEAR WITHOUT HAVING TO DO THE EXTERNAL STORAGE. WE ARE AT THE POINT WHERE WE CANNOT HOUSE THE AMOUNT OF MERCHANDISE THAT WE ARE RECEIVING THIS TIME OF THE YEAR IN OUR SMALL BACK ROOM. WE ARE WORKING WITH OUR HOME OFFICE TO TRY TO GET AN EXPANSION FOR THE STORAGE CONTAINERS APPROVED. THAT IS SOMETHING THEY ARE SAYING WILL TAKE A COUPLE OF YEARS BEFORE THEY CAN DRAW THAT UP SINCE WE ARE NOW JUST GOING THROUGH AN EXPANSION FOR OUR ONLINE SHOPPING. SO, THEY ARE IN THE WORKS AS TRYING TO GET SOMETHING PUT INTO SPACE BUT RIGHT NOW THE COST IS LESS EXPENSIVE TO JUST DO THE EXTERNAL STORAGE CONTAINERS EVERY YEAR. SO, THAT IS ONE OF THE REASONS THAT THEY ARE WORKING THROUGH TRYING TO GET A PERMANENT PLAN IN PLACE. IF WE CAN GET THE EXPANSION THAN WHAT THEY WANTED TO DO IS GET A WALL BUILT NEXT TO THAT NEW EXPANSION THAT WE HAVE RIGHT NOW SO THAT , TRY TO FIGURE OUT HOW WE CAN MANAGE TO DO THIS ONE TIME AND WE ARE NOT HAVING

[02:20:03]

TO COME EVERY YEAR FOR APPROVAL. WE DID TRY THIS YEAR TO TRY TO DO IT WITHOUT THE EXTERNAL STORAGE CONTAINERS TO SEE IF THAT WAS SOMETHING THAT WE COULD WORK THROUGH, BUT WE DON'T CONTROL THE AMOUNT OF MERCHANDISE THAT THE HOME OFFICE SENT TO US SO RIGHT NOW WE ARE SPEWING OUT OF THE SEAMS IN OUR BACK ROOMS. IT IS AFFECTING NOT JUST THE BUSINESS, AFFECTING ASSOCIATE MORALE BECAUSE WE ARE REALLY FULL AND IT IS NOT SOMETHING THAT IS NORMAL. ONE OF THE ONLY STORES IN OUR REGION THAT HAS TO GET APPROVAL FOR SOURCE CONTAINERS. EVERY OTHER STORE IN OUR REGION DOES NOT HAVE TO GO THROUGH THIS PROCESS. SO, RIGHT NOW IT HAS BEEN EXTERNALLY DIFFICULT TO TRY TO HOUSE THE AMOUNT OF MERCHANDISE THAT WE ARE CURRENTLY RECEIVING. THE HOME OFFICE IS TRYING TO WORK TO PUT SOMETHING IN PERMANENT SO WE DON'T HAVE TO GO THROUGH THIS PROCESS EVERY YEAR.

>> QUESTIONS ? OKAY, THANK YOU. I ENTERTAIN A MOTION TO CLOSE

THE VOTE. >> SECOND.

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

>> AYE. >> MOTION TO SECOND, ANY DISCUSSION, ALL IN FAVOR, AYE ?

[015 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of 71.737+ acres in the J. Sharkey Survey, Abstract No. 1065, J.T. Rawls Survey, Abstract No. 933, and the W.P. Kerr Survey, Abstract No. 609 by changing the zoning from Planned Development District No. 94 (PD-94) and Light Industrial (LI) District, to Planned Development District No. 171 (PD-171) for Community Retail (CR) uses; adopting development regulations including a conceptual site plan, elevations, outdoor display and storage plan, landscape plan, and elevation/façade plan. The property is generally located on the south side of West Main Street, east of State Highway 67 and north of State Spur 73. (Case No. Z24-2023-075). REQUEST TO CONTINUE]

>> AYE. >> ITEM 015 , IS HER DATE

SPECIFIC STAFF TO CONTINUE? >> THE NEXT SCHEDULED PLAN .

>> DID I HEAR A MOTION TO CONTINUE 015 UNTIL THE NEXT

REGULAR MEETING? >> I WILL MAKE A MOTION TO

CONTINUE. >> MOTION, ALL IN FAVOR, AYE , ANY OPPOSED? STAFF, DO WE HAVE ANYTHING ELSE?

>> NO SIR, WE DON'T. >> OKAY, COMMISSIONERS, ANYBODY HAVE ANYTHING? I WILL ENTERTAIN A MOTION TO ADJOURN.

ALL IN FAVOR, AYE .

* This transcript was compiled from uncorrected Closed Captioning.

CONSENT AGENDA

Nov 21, 2023 Planning and Zoning Commission

CONSENT AGENDA

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