[005 Consider and act upon the extension for the recording of the final plat for Midlothian Midtowne Phase 10, being ±25.092 acres being a portion of a tract situated in the B.F. Hawkins Survey, Abstract 464. The property is located between South 9th Street and South 14th Street, south of George Hopper Road. (M01-2024-009)]

>> SECOND. >> I HAVE A MOTION AND A SECOND. THOSE IN FAVOR SAY AYE .

>> AYE. >> OPPOSED? THE MOTION PASSES.

THAT WE GRANTED THE EXTENSION ON NOVEMBER LAST YEAR FOR 90 DAYS AND IT LOOKS LIKE THE CURRENT RIGHT UP IS TO EXTENDED ANOTHER YEAR. I WAS CURIOUS AS TO WHAT WE THOUGHT WE WERE GOING TO GET DONE IN THE PREVIOUS EXTENSION THAT NOW WE NEED AN ADDITIONAL 365 DAYS TO ACCOMPLISH? MAYBE I AM MISREADING THE STAFF RIGHT UP. LET ME TURN TO THAT PAGE.

>> ON NOVEMBER 21 AND THEN IT HAS AN EXPIRATION DATE OF FEBRUARY 21, 2024 SO THAT IS A 90 DAY GAP?

>> THEY ARE APPROVED FOR 90 DAYS TO GET EVERYTHING DONE SO THERE WAS AN EXTENSION ALREADY. THEY GET 90 DAYS FROM THE -- SO, 90 DAYS AFTER THAT DATE, THEY HAVE UNTIL THEN TO GET EVERYTHING DONE THE LAST I CHECKED, A COUPLE OF WEEKS AGO, THEY WERE WORKING ON GETTING THE WALK-THROUGH DONE. I DON'T THINK THEY NEED A YEAR AND THAT WILL PROBABLY BE DONE IN A A MONTH BUT I THINK WE SHOULD JUST SET THEM UP FOR A YEAR AS EXTRA INSURANCE. WE EXPECTED TO BE COMPLETED

IMMINENTLY. >>

>> I MOVED TO APPROVE . >> SECOND.

>> ALL IN FAVOR SAY AYE . >> AYE .

>> OPPOSED? THE MOTION PASSES UNANIMOUSLY. I THINK WHAT I WOULD LIKE TO DO, HOW MANY OF YOU ARE HERE ON THE -- CASE? THAT IS WHAT I THOUGHT I THINK I AM GOING TO MOVE TO THAT CASE. ALL RIGHT, ITEM 10. CONSIDER AND ACT UPON AN

[010 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of 20.849+/- acres of land situated in the J Powers Survey, Abstract 838 and by amending the use and development regulations of Planned Development 98 (PD-98) to allow additional uses including but not limited to a grocery store, convenience store with fuel pumps, mini-warehouse, restaurants over 1,000 square feet, and other uses with drive thru service; adopting development regulations including a conceptual site plan, sign elevations, outdoor display, landscape plan and elevation/façade plan. The property is generally located on the northeast corner of South Walnut Grove Road and FM 1387. (Z36-2023-135)]

ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 20.849+/- ACRES OF LAND SITUATED IN THE J POWERS SURVEY, ABSTRACT 838 AND BY AMENDING THE USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT 98 (PD-98) TO ALLOW ADDITIONAL USES INCLUDING BUT NOT LIMITED TO A GROCERY STORE, CONVENIENCE STORE WITH FUEL PUMPS, MINI-WAREHOUSE, RESTAURANTS OVER 1,000 SQUARE FEET, AND OTHER USES WITH DRIVE THRU SERVICE; ADOPTING DEVELOPMENT REGULATIONS INCLUDING A CONCEPTUAL SITE PLAN, SIGN ELEVATIONS, OUTDOOR DISPLAY, LANDSCAPE PLAN AND ELEVATION/FACADE PLAN. THE PROPERTY IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF SOUTH WALNUT GROVE ROAD AND FM 1387.

>> SO, WITH THIS REQUEST, IT IS SELF-EXPLANATORY WITHIN THE CAPTION BUT AN IMPORTANT THING TO NOTE IS THIS AN AMENDMENT.

SO THIS IS NOT A BRAND-NEW PD. SO WE NEED TO -- THE

[00:10:02]

MASSEY MEADOWS. AT THIS WAS SET ASIDE FOR NONRESIDENTIAL ENDED HAS A BASE ZONING OF GENERAL PROFESSIONAL AND COMMUNITY RETAIL SO THE APPLICANT HAS REQUESTED FOR SOME ADDITIONAL USES SUCH AS SOME THAT MIGHT NORMALLY BE PART OF COMMERCIAL ZONING AS OPPOSED TO RETAIL. INCLUDING A CONVENIENCE STORE AND SELF STORAGE. A GROCERY STORE WOULD USUALLY -- RESTAURANTS OVER 1000 FEET DRIVE-THROUGH IS WOULD REQUIRE AN SUP . THOSE ARE THE MAIN CHANGES WITH THIS REQUEST. IT IS A 21 ACRE SITE . ANOTHER IMPORTANT NOTE WOULD BE , I WILL TALK A LITTLE BIT ABOUT THE COMP PLAN BUT THIS IS ALREADY ZONED NONRESIDENTIAL. BEFORE I GET TOO MUCH FURTHER IN, YOU MIGHT REMEMBER , I HAD TO SEND A CORRECTION MEMO AND I AM SURE THIS IS HARD TO READ THAT PART OF IT IS HERE BECAUSE WE WANTED SOME TEXT, I DRAFTED SOME TEXT AND THE CITY ATTORNEY HAS NOT SEEN IT AT THE BASIC IDEA IS IN THE LIST OF USES, SOME HAVE SPECIFIC DETAILS TO PLANS LIKE THE GROCERY STORE, THE CONVENIENCE STORE, THE WAREHOUSE AND MULTITENANT RETAIL. THE OTHER LOTS DO NOT HAVE THAT. THOSE ARE ONE THROUGH FOUR AS WELL AS SEVEN AND EIGHT. THEY ARE ASKING TO KEEP COMMUNITY RETAIL BASE ON THOSE LOTS AND ON THOSE LOTS ANYONE OF THEM COULD HAVE ONE DRIVE-THROUGH USE BY RIGHT. SO THAT IS WHAT HE IS ASKING FOR. THE LIST THAT I OPERATED OFF OF IS MOVING FAST SO THE APPLICANT HAD NOT HAD THE TIME TO READ THIS. WE HAVE BEEN WORKING CLOSELY TO MAKE SURE THAT WE ACCURATELY REFLECT THINGS BUT THESE WERE PULLED FROM THE TRAFFIC IMPACT ANALYSIS . STAFF DID NOT JUST MAKE THIS UP OUT OF NOWHERE BUT APPARENTLY WE ASSUMED THE WRONG THING USING THAT SO, HE WANTS TO LIMITS HIMSELF ON THIS SPECIFIC LOT. SO HE IS ASKING COMMUNITY RETAIL BASED -- ON THE SIX LOTS AND THEN WE HAVE FOUR DRIVE-THROUGH NEWS BUT ONLY ONE PER LOT . THAT IS WHAT HE IS ASKING FOR. THE OTHER CORRECTION OR ACTUALLY, MORE OF A ADJUSTMENT IS, THE SENTENCE, THE LAST SENTENCE ON THE FIRST PAGE OF THE REPORT I TALK ABOUT TRAFFIC DOUBLING AND STAFF HAD THIS PERCEPTION BECAUSE HERE IT SAID TOTAL BUILDOUT -- AND APPARENTLY THIS IS AN ERRONEOUS NUMBER AFTER TALKING WITH THEIR ENGINEERS. THAT IS NOT EXACTLY WHAT THAT MEANS SO, TO KEEP WITH THE LOGIC OF WE HAVE THIS 12,900 EXISTING DAILY VEHICLE TRIPS AND WHAT WOULD BE THE NEW ONE AND THAT IS THE CONTEXT OF THAT SENTENCE. THEY ARE ESTIMATING IT WOULD BE CLOSER TO 3000 SO MORE LIKE A 24% INCREASE. I JUST WANTED TO BE CLEAR THAT WE MISUNDERSTOOD WHAT THEY WERE TRYING TO SAY AND SO, THAT SENTENCE, IF WE WERE TO GO BACK AND REWRITE IT -- IT DOES NOT CHANGE THE RECOMMENDATION AT THE END OF THE DAY. WITH THAT, ON THESE SITE PLAN , THIS PD ALREADY HAS CERTAIN ENTITLEMENTS. I THINK THE MAIN THING TO BE AWARE OF IS THAT ON THE NORTH AND EAST SIDE THIS IS ADJACENT TO THE RESIDENTIAL DEVELOPMENT OF MASSEY MEADOWS. WE HAVE A HIGH SCHOOL TO THE SOUTHWEST AND THE CHURCH TO THE WEST. AND WALNUT GROVE ROAD AND FM 1387 ARE MAJOR ARTERIALS. WHEN IT

[00:15:02]

COMES TO OUR COMPREHENSIVE PLAN SOMETIMES IT IS MORE ABOUT THE GOALS, STRATEGIES, POLICIES WITHIN THE PLAN. IN PARTICULAR WHAT WE HAVE IS LAND-USE GOAL NUMBER EIGHT. ENSURE COMPATIBILITY T WITH LAND USES AND SCALE FOR TRAFFIC IMPACT.

SO THAT IS WHAT WE WILL BE BUILDING TOWARDS. THE MAJOR AMENDMENTS TO WHAT THEY ARE SAYING IN THIS PD , I HAVE ALREADY TALKED ABOUT THE USES SO I WON'T GO THROUGH THAT AGAIN BUT I WILL NOTE THAT THE GROCERY STORE WOULD HAVE A DRIVE-THROUGH PHARMACY BY RIGHT. STAFF DOES NOT TAKE ISSUE WITH THAT. ALSO, THEY ARE ASKING FOR 600 SQUARE FOOT OUTDOOR DISPLAY . A LOT OF GROCERY STORES HAVE THAT AND IT IS NOT UNCOMMON. WHEN IT IS HATCH PEPPER TIME, THEY WILL ROLLOUT CARD FOR THAT SO WE ASK FOR A SQUARE FOOTAGE BECAUSE, WHILE THEY MAY BE BRINGING IN AN MAJOR GROCER WE DON'T KNOW WHAT COULD COME IN THE FUTURE DOWN THE ROAD SO RATHER THAN HAVING THIS OPEN, YOU GET 600 SQUARE FEET IN THE FRONT FOR DISPLAY. ANOTHER THING, AND I ADMIT THAT I AM BIAS , THIS IS A BUSINESS I WAS INVOLVED WITH, WE WERE NOT DOING EV CHARGING YET BUT THERE WAS A SIGN DISPLAY THAT IS ABOUT THREE FOOT BY FIVE FOOT DIGITAL DISPLAY AND THE INTENT IS TO ADVERTISE TO THE PERSON THAT JUST SET UP THEIR CARD TO CHARGE. THEY ARE NOT INTENDED TO ADVERTISE TO THE RIGHT-OF-WAY. STAFF DID NOT TAKE ISSUE WITH THAT.

GENERALLY, THE USES ARE NOT SO MUCH WHAT WE ARE TAKING ISSUE WITH. IT IS GOING TO BE THE TRAFFIC WITH ALL OF THESE USES COMBINED. SHOULD YOU DECIDE THAT YOU WANT TO APPROVE THIS, THERE ARE A FEW THINGS THAT THE STAFF WOULD RECOMMEND THAT YOU CONSIDER IF YOU WERE TO APPROVE THE REQUEST. ONE IS THE DEVELOPMENT, THE WAY IT IS SET UP, IF YOU THINK ABOUT THAT LOT LAYOUT, IF YOU WANT A COHESIVE DEVELOPMENT YOU WANT CERTAIN THINGS TO BE DONE AT THE BEGINNING SO THAT THE PERIMETER LANDSCAPING WITH THE TREES, IT WOULD BE BEST TO REQUIRE THAT BE DONE BEFORE THE FIRST BUILDING PERMIT BE ISSUED. OTHERWISE, WITH ALL OF THESE LOTS HAVING THEIR OWN CONNECTION TO THE RIGHT-OF-WAY, DEPENDING ON WHEN THINGS COME IN, YOU WILL HAVE TREES AT DIFFERENT AGES AND IT WILL NOT HAVE A CONSISTENT LOOK. ALSO, IT COULD BE YEARS BEFORE THE NEXT BATCH OF TREES COMES IN. IF YOU WANT A COHESIVE LOOK, YOU NEED TO HAVE THIS ALL DONE IN THE BEGINNING. ANOTHER IDEA WAS, WHEN YOU THINK ABOUT GOING NORTH ON WALNUT GROVE ROAD YOU ARE GOING INTO A RESIDENTIAL AREA AND IT MIGHT BE A 120 FOOT RIGHT-OF-WAY TECHNICALLY BUT YOU'RE GOING INTO A RESIDENTIAL AREA OTHERWISE SO STAFF SUGGESTED MAYBE WE SHOULDN'T HAVE PARKING BETWEEN THE BUILDINGS UPFRONT THE BUILDINGS COULD MAYBE HAVE A DRIVE-THROUGH LANE OR SOMETHING WITH LANDSCAPING OR WE COULD ADD AN OUT DOOR AREA OR WE COULD JUST HAVE GREEN AREA BUT NOT NECESSARILY SAY WELCOME TO TWO ROWS OF PARKING AND A FIRE LANE. THIS WOULD ALLOW FOR BETTER SHARED PARKING RATHER THAN KEEPING ALL OF THE PARKING TOWARDS THE MIDDLE OF THE DEVELOPMENT.

ALSO, THE PROPERTY OWNERS ASSOCIATION WOULD BE REQUIRED TO MANAGE THE RETENTION POND. -- WOULD BE RESPONSIBLE FOR MANAGING IT IN THE FUTURE BUT THAT IS JUST THE STANDARD PRACTICE TO HAVE A POA ESTABLISHED. IF SOMETHING EVER HAPPENS TO THE COMPANY THAN IT COULD READILY BE TRANSFERRED.

WE DO HAVE RECOMMENDATIONS UNDER TRAFFIC SIGNAL OPTIMIZATION. TWO NORTHBOUND DECELERATION LANES ON WALNUT

[00:20:01]

GROVE ROAD BUT, THOSE LANES ARE CONTEMPLATED IN THE SITE PLAN SO THERE WOULD PROBABLY BE AN ADDITIONAL RIGHT-OF-WAY AND THERE COULD BE ADJUSTMENTS TO THAT SITE PLAN AND NOW IT OCCURS TO ME I LEFT OUT THE 330 FOOT SPACING DRIVEWAY DISTANCE. THEY WERE AT -- IT SEEMS LIKE THEY WERE 60-80 FEET SHORT ON THE SPACING. WE WERE HOLDING TO THE 330 BUT THEY WERE SHORT OF THAT. SO, WITH THE SITE , HERE IS WHERE THOSE DETAIL LANES WOULD BE. AS YOU CAN SEE, WE HAVE ALL OF THESE LOTS AND THEY ARE HERE ALONG THE FRONT. YOU COULD END UP WITH THIS HODGEPODGE AESTHETIC AND THE LOT GOES COUNTERCLOCKWISE. ONE , TWO, THREE, FOUR, FIVE, SIX, SEVEN AND SO ONE. GENERALLY SPEAKING THEY ARE CONFORMING WITH THE LANDSCAPING AND THEY HAVE DONE A LOT TO TRY TO HAVE A BUFFER BETWEEN THEIR LOT AND THE NEIGHBORHOODS. THIS BUILDING IS SET BACK FROM THE PROPERTY LINE 70 FEET ON THIS SIDE WITH I THINK IT WAS A 30-50 FOOT LANDSCAPE VARIABLE BUFFER DEPENDING ON THE LOCATION YOU TALK ABOUT. THEY DID A FAIR AMOUNT TO DEAL WITH THE FACT THAT THE COULD HAVE SOME TALLER BUILDINGS AND IT WOULD BE NOISIER BACK THERE. THEY -- THIS IS THE LOADING BAY SO, EVERYTHING IS A TRADE-OFF. THE LOADING BAY IS FACING THE INVOLVEMENT BUT IT IS ALSO NOT VIEWABLE FROM RIGHT-OF-WAY AND IT IS NOT FACING THE NOISE TOWARDS THE NEIGHBORHOOD. SO THAT IS KIND OF WHY IT IS POSITIONED WHERE IT IS. THE GAS STATION IS INDIVIDUALLY ALLOTTED SO WE CAN ONLY BELIEVE THESE WOULD SEPARATE .

AND WE ARE LOOKING AT 12 PUMPS. THESE ARE SOME ARCHITECTURAL ELEVATIONS AND RENDERS. GENERALLY SPEAKING, IT SEEMS LIKE THERE IS MAYBE ONLY ONE BUILDING THAT WAS A FEW FEET OVER LIKE, A FOOT AND A HALF OVER THE MAXIMUM FOR THE GROCERY STORE. OTHERWISE, A LOT OF WHAT YOU ARE SEEING IS CONFORMING WITH THE EXISTING ORDINANCE. THEY DID A LOT -- THERE WERE TRYING TO MAKE SURE THEY WERE CONFORMING WITHOUT ASKING FOR TOO MANY VARIANCES. THEN, ON THE SIGNS, THE DIGITAL PRICE HERS SIGN , 15 FEET TALL WOULD BE OVER HERE AND OTHER THAN THE HEIGHT IT WOULD COMPLY WITH THE SIGN CODE. THERE IS ANOTHER ONE HERE AND THIS ONE GOES OVER BY 10 FEET ON THIS SIDE. THE PRICE MART MIGHT BE THE ONLY ONE TO BE CONCERNED ABOUT. 15 FEET TALL SO IT IS A LITTLE BIT TALLER BUT, IT IS FOLLOWING CODE. TECHNICALLY, WE TALKED ABOUT CHANNEL LETTERS BUT WE HAVE ALLOWED KROGER TO HAVE THAT KIND OF SIGN AS WELL. THIS IS THE EV CHARGING STATION AND THESE ARE THE DIGITAL DISPLAY SIGNS. THIS COMPANY IS CURRENTLY DOING A STATIC AND SOME THAT ALMOST LOOK SEMI-ANIMATED. I WOULD ASSUME THAT IS JUST A TECHNOLOGY ISSUE AND AT SOME POINT THEY WOULD HAVE FULL MOTION VIDEOS. AS YOU CAN TELL THESE ARE NOT HUGE DISPLAYS AND THEY ARE NOT INTENDED TO GET THE ATTENTION OF SOMEBODY DRIVING DOWN THE ROAD. THESE ARE AIMED AT THE INTERNAL PART OF THE SITE. WE DID NOT HAVE AN AGREED-UPON NUMBER FOR HOW BRIGHT THE DISPLAY CAN GET. IF IT WERE A DIGITAL BILLBOARD

[00:25:05]

TRYING TO GET PEOPLES ATTENTION FROM A MILE AWAY AT NIGHT IT WOULD HAVE HIGH LIGHT. BUT WE SAY YOU DATE DON'T NEED MORE THAN 160. THE SIGN PEOPLE HAVE NOT TOLD US A NUMBER SO I GUESS 200 IS JUST A GUESS. IT IS NOT IN THE ORDINANCE.

PHASING. THEY HAVE TO PUT UP A MASONARY WALL BETWEEN THEM AND THE RESIDENTIAL OF 8 FEET TALL. THE YELLOW IS WHAT THEY ARE CALLING PHASE 1. THE PHASING AND THE ZONING DOES NOT CORRELATE WITH THE PHASING IN THE TIA SO IF YOU LOOK AT THINGS WITH PHASE 1 AND TWO , IT IS COVERING SOMETHING A LITTLE BIT DIFFERENT THAN THIS. THE YELLOW IS THE PHASE 1 SO WE HAVE A RETENTION POND HERE AND WE HAVE MAJOR DRIVEWAYS THAT WOULD GO IN. SOME SIDEWALK HERE AND WE ARE TRYING TO CREATE INTERNAL CONNECTIVITY AND WALKABILITY TO ENHANCE THE SHOPPING EXPERIENCE. THE BLUE GENERALLY CORRESPONDS CLOSELY WITH WHAT WOULD BE PHASE 1 IN THE TIA. SO, THE GREEN, OTHERWISE , THAT IS PRIMARILY OUT PARCELS AND THAT IS WHAT WOULD GO PHASE TWO. SO, IN THE TIA THAT THEY PROVIDED, ONE OF THE ISSUES THAT WE HAVE GOT IS REALLY, I HIGHLIGHTED IN YELLOW HERE FOUR INSTANCES WHERE THE LEVEL OF SERVICE IS DROPPING ONE LETTER GRADE BELOW WHEN IT IS A D OR F SO WE LOOK AT TRAFFIC IMPACT ANALYSIS AND IT REQUIRES IT NOT DROP. WE HAVE SEVERAL INSTANCES WHERE THEY WOULD DROP A LETTER GRADE. IF YOU WERE TO APPROVE THE REQUEST, JUST UNDERSTAND THAT YOU MAY GRANT AN EXCEPTION.

WE HAVE HEARD FROM A FEW PEOPLE AND WE HAVE TWO IN FAVOR AND WE HAVE 22 OPPOSED AND THIS IS WHAT WE CALL KIND OF THE SINGLE COUNT. YOU HAVE ONE VOTE HER PROPERTY ON THE PROPERTY OWNER. IF YOU ARE A MARRIED COUPLE, THE HOUSE GETS ONE VOTE. SO WE HAVE TO IN FAVOR AND 22 OPPOSED END OF THOSE OPPOSED, 10 WERE INSIDE THE NOTICE BUFFER AREA AND 12 WERE OUTSIDE. I DID NOT HAVE TIME TO SCIENTIFICALLY PUT THIS IN ERIE ORDER BUT I WOULD SAY GOING FROM MOST CONCERN TO LEAST CONCERNED, IT WAS A LOT. TRAFFIC IN GENERAL, TRAFFIC ASSOCIATED WITH SCHOOLS, SAFETY AND SAFETY FOR KIDS WALKING TO SCHOOL. CRIME, DECLINE IN PROPERTY VALUE , LIGHT POLLUTION AND SOME WERE MORE OPPOSED TO THE MINI WAREHOUSE THAN NEXT TO THE GROCERY. THERE WERE ALSO CONCERNS OVER ALCOHOL SALES. STAFF RECOMMENDS DENIAL PRIMARILY ON THE TRAFFIC IMPACT. AGAIN, THEY HAVE THE DEE MAP AND THEY HAVE ENTITLED USES NOW SO THEY ARE ASKING FOR MORE THAN WHAT THEY HAVE TODAY. IN LIGHT OF WHAT THEY HAVE DONE TO TRY TO MAKE THINGS COMPATIBLE , THEY HAVE DONE A LOT BUT WE STILL HAVE A PROBLEM. WITH THAT, WE RECOMMEND AGAINST.

>> QUESTIONS FROM THE STAFF? >> THE TRAFFIC WOULD GO FROM 1900 TO AROUND 16,000 BASED ON THE 24%?

>> RIGHT. ON DAILY TRIPS. THE ENGINEER CAN EXPLAIN IT BETTER

THAN I CAN. >> CAN YOU REMIND US OF WHAT THEY CAN DO NOW AND WHAT THEY ARE ASKING FOR IN ADDITION?

>> AS FAR AS COMMUNITY RETAIL, ANY OF THOSE USES THEY CAN DO

[00:30:09]

THAT BUT WHAT THEY ARE ASKING FOR BEYOND WOULD BE THE GROCERY STORE, THE CONVENIENCE STORE WITH THE FUEL SALES, THE MINI WAREHOUSE STORAGE AND A RESTAURANT OVER 1000 SQUARE FEET AND THE ADDITIONAL FOUR DRIVE-THROUGH SPEAR, THE STORE WOULD ALREADY HAVE ONE DRIVE-THROUGH FOR THE PHARMACY SO THIS WOULD BE FOUR ADDITIONAL DRIVE-THROUGH SPEAR THOSE WOULD BE ALL OF THE ENTITLEMENTS THEY ARE ASKING FOR BY RIGHT BEYOND WHAT THE ENTITLEMENT CURRENTLY HAS.

>> WHAT ABOUT THE SUP AND COMMERCIAL?

>> WELL, LET'S SEE. ANY DRIVE-THROUGH SERVICE OR RESTAURANT OVER 1000 SQUARE FEET YOU NEED AN SUP AND THE

GROCERY STORE NEEDS AN SUP . >> THE WRITE UP SAID THAT WE ARE SHIFTING IT FROM GENERAL PROFESSIONAL TO MORE COMMUNITY RETAIL. SEVERAL OF THOSE REQUIRE AN SUP IN COMMERCIAL.

>> ARE ANY OF THEM ALLOWED IN COMMERCIAL WITHOUT THE SUP?

>> NO. >> HOW DO WE TRACK TRAFFIC TRIPS. WHEN KROGER WENT IN, THERE WAS A LOT OF TRAFFIC INCREASE BUT THAT WAS TRAFFIC THAT WAS NOT GOING THROUGH DOWNTOWN OR TO WALMART SO WHEN I SEE THIS TRAFFIC COUNT , THIS SUPERMARKET WOULD BE SORT OF REGIONAL. IF WE FIGURE HOW THIS WILL IMPACT OTHER PARTS OF THE CITY, THAT ANYTHING A CONSIDERATION WE SHOULD DO?

>> I WILL HAVE THE ENGINEER WALK YOU THROUGH THAT. THAT 25,000 NUMBER THROUGHOUT WOULD BE WRONG. IT WOULD BE MORE LIKE THE 12 940 SO IT WOULD BE 24%.

>> I KNOW IN THE COMPREHENSIVE PLAN WE HAVE MODULES TO HAVE COMMUNITY MARKETPLACES. DOES THIS FIT THAT AREA?

>> THIS PARTICULAR AREA IS WITHIN THE REGIONAL MODULE BUT

THEY ARE NOT PLANTED. >> I MISSPOKE. SO, IT IS

CONSIDERED REGIONAL, RIGHT? >> WELL, BASICALLY ANYTHING OF A COMMERCIAL NATURE CAN FALLEN TO THE REGIONAL MODULE.

>> SO THIS IS

>> YES. >> THANK YOU.

>> SO , RIGHT NOW WE HAVE 20 ACRES, PLUS OR MINUS, THAT IS CURRENTLY ENTITLED FOR GENERAL PROFESSIONAL AND COMMUNITY RETAIL THAT CAN BE USED FOR ANY USE.

>> ALMOST. THE OTHER THING IS, IN THE CURRENT PD A DETAILED SITE PLANS HAVE TO TO COME BEFORE THE P&Z AS AN AMENDMENT

TO THE PD. >> SO, IT HAS 30 BEEN ENTITLED

FOR THE PROPERTY? >> THE USE BUT NOT THE PARTICULARS OF HOW YOU GO ABOUT ACHIEVING THE USE.

>> SO, WHAT I AM TRYING TO TAKE A LOOK AT IS UNDER THE CURRENT ENTITLEMENT, IF IT WERE FULLY BUILT OUT, IF BY RIGHT USES UNDER GP AND CR IT WILL GENERATE MORE TRAFFIC THAN WHAT IS CURRENTLY THERE. WHAT I AM CURIOUS ABOUT IS THE DIFFERENTIAL BETWEEN THE MORE INTENSIVE COMMERCIAL USES THAT THEY ARE PROPOSING AND THE LESS INTENSIVE BY RIGHT USES. IF THAT WOULD PUSH IT UP 1500 AND THIS MORE INTENSE PUSHES IT UP 3000, WE ARE TALKING ABOUT ANNETTE DIFFERENTIAL OF 1500 OVER AND ABOVE THE CURRENT ENTITLEMENT AND THEY THINK THAT IS IMPORTANT TO NOTE. THERE IS A CURRENT MORE INTENSIVE USE ENTITLED ON THIS PROPERTIES SO, IF WE DO A COMPARATIVE ANALYSIS, WHILE WE CAN CAN'T SAY NOTHING ALL THE

[00:35:01]

WAY TO COMMERCIAL. I KNOW THE TIA WAS PROBABLY NOT STRUCTURED THAT WAY AND IT MAY BE A GUESS OR EXTRAPOLATION BUT I THINK THAT IS WHAT WE ARE MAKING, MORE THAN FARM LAND. IT IS ALREADY APPROVED FOR MIDWAY BETWEEN THIS.

>> ANYONE ELSE? >> YES. SO , DOES THE SITE PLAN ACCOUNT FOR THE PROPER LANES FOR FM 1387?

>> YES . THEY PULLED THE DESIGN FOR THAT SECTION OF

ROAD AND INCORPORATED THAT IN. >> IS IT THEIR SITE PLAN THAT IS ASKING FOR THAT TWO WAY EXIT? ALONG WHAT IS THAT? IS THAT 1387? THE ACTUAL CROSSOVER?

>> DOES THIS PLAN HAVE THAT BUILT INTO IT OR ARE THEY

ASKING FOR THAT. >> THEY ARE ASKING FOR THAT.

>> AND THE APPLICANT IS GOING TO GET ALL OF THE NECESSARY DEDICATIONS FOR WIDENING WALNUT GROVE ROAD AND FM 1387.

DEDICATIONS. ONE THING THAT COULD BE AT ISSUE IS STAFF IS RECOMMENDED TWO NORTHBOUND LANES OFF OF WALNUT GROVE ROAD AND THEY WOULD PROBABLY NEED ANOTHER 5 FEET BEYOND WHAT WOULD BE REQUIRED. I GUESS THAT COULD BE AN ISSUE.

>> THE WAY THE REQUEST IS BEING MADE, THEY WANT FOUR ADDITIONAL DRIVE-THROUGH IS TO BE SCATTERED AMONGST AND NO MORE THAN EACH PLATTED PERSONAL BUT WITH NO REGULATION OR STANDARDIZATION OF QUEUING, STACKING, AND TRAFFIC FLOW

THROUGH THE AREA. >> CORRECT. BUT THEY WANTED TO HOLD TO THE SIX. BUT THAT WAS ABOUT AS FAR AS STAFF HAD

PUSHED IT. >> WE WILL MOVE TO THE APPLICANT. THE APPLICANT MAY COME FORWARD.

>> I AM ROGER HORTON AND WE ARE THE DEVELOPERS FOR THE DEVELOPMENT AND I AM HAPPY TO ANSWER QUESTIONS YOU MIGHT HAVE ABOUT THIS. WE UNDERSTAND THAT TRAFFIC IS THE MAIN CONCERN AND DRIVE THERE'S HAVE BEEN A MAJOR CONCERN. WE ORIGINALLY ASKED FOR FIVE, ONE BEING THE PHARMACY AND WE ARE WILLING TO WORK WITH STAFF ON THAT AND WE CAN CUT THAT DOWN TO A TOTAL OF THREE BEING THE PHARMACY AS ONE AND TWO ADDITIONAL ON EITHER STREET. THERE IS A GOOD CHANCE ONE WILL BE A BANK AND THE BANK WILL BE USING IT PRIMARILY FOR A DRIVE UP ATM FOR SECURITY PURPOSES SO PEOPLE DON'T HAVE TO GET OUT OF THEIR VEHICLE TO GET MONEY. SO WE WOULD LIMIT THAT TO A TOTAL OF THREE. HAPPY

TO ANSWER QUESTIONS. >> I AM KIND OF CURIOUS -- OBVIOUSLY YOU WANT TO GROCERY STORE THAT IS SUCCESSFUL. WHEN YOU LOOK AT THE TRAFFIC FLOW, WHERE ARE THESE PEOPLE COMING FROM THAT WILL BE USING THESE STORES?

>> WE ANTICIPATE THEY WILL BE IN THE IMMEDIATE NEIGHBORHOODS.

WE ARE LOOKING AT TRAFFIC FLOW NOW, IF YOU LEAVE THAT SUBDIVISION , TO GO TO THE GROCERY, YOUR TRAFFIC TIME IS PROBABLY 15-20 MINUTES AND WE CAN PROBABLY CUT THAT DOWN TO 5-10 MINUTES. WE ARE KEEPING CARS OFF OF THEIR AFFAIRS IN THE CITY SO THERE IS AN OFFSET WITH THAT.

>> SO WE ARE ACTUALLY GOING TO REDUCE TRAFFIC AS A WHOLE?

>> YES. BY TIME AND MILES FOR SURE. ALL OF THESE RESIDENTS

[00:40:03]

ARE SHOPPING AT OTHER GROCERIES ALREADY AT THIS POINT.

>> WHAT IS THE PROPOSED SQUARE FEET OF THE GROCERY?

>> 60,000 FEET. >> HOW DOES THAT COMPARE TO

GROCERIES IN TOWN ? >> I DON'T HAVE NUMBERS ON

THOSE. >> STAFF?

>> I THINK KROGER IS ALMOST DOUBLE THAT.

>> I'M SURE THE KROGER IS MUCH LARGER BECAUSE IT IS A

SUPERSTORE. >> THE HEB IS CLOSE TO 100,000 SQUARE FEET SO THIS WILL BE A SMALLER MORE CONDENSED MARKET.

THE REQUEST FOR THE PREAPPROVED DRIVE-THROUGH IS?

>> WE HAVE TREATED THE WHOLE DEVELOPMENT AS A WHOLE BECAUSE WE CAN'T GO IN AND DO HALF OF THIS DEVELOPMENT AND THE GOAL WAS TO GIVE THE COUNCIL AND THE COMMISSIONERS A FULL VIEW OF EXACTLY WHAT WE WANT TO DO WITH THE ENTIRE SITE SO THAT WAS THE PURPOSE OF SAYING HERE IS THE ENTIRE REVIEW AND THESE ARE THE DRIVE-THROUGH AS WE WOULD LIKE TO HAVE SCATTERED THROUGHOUT, TO GIVE YOU A FULL VIEW OF THE PROJECT.

>> YOU MENTIONED ONE OF THE DRIVE-THROUGH SERVICE FOR

BANKING PURPOSES. >> WE ARE ANTICIPATING IT WILL BE. IN SIMILAR PROJECTS WE HAVE BROUGHT A BANK INTO IT SO WOULD PEOPLE THINK ABOUT DRIVE-THROUGH IS THEY THINK ABOUT HIGH-VOLUME FAST FOOD RESTAURANTS AND IN A SIMILAR PROJECT WE ARE DOING RIGHT NOW THE DRIVE-THROUGH HAS BEEN FOR A BANK, A DELI, A CHICKEN SALAD CHECK AND A DUNKIN' DONUTS. BUT THE CZARS SIT DOWN WALK-UP RESTAURANTS THAT WANT THE OPPORTUNITY TO SELL FOOD TO PEOPLE IN THE EVENT OF ANOTHER PANDEMIC. WE CAN'T, AS RETAILERS, IGNORE WISHES OF

PEOPLE. >> WHAT WAS YOUR OPPOSITION TO

EIGHT AS OPPOSED TO SIX? >> I DON'T SEE THAT AS A

PROBLEM. >> OR WE CAN CREATE THE STACKING AND USE THAT FOR THE GROCERY AS WELL.

>> SO IT IS MUCH HARDER TO REARRANGE THEM .

>> WHAT IS THE THEORY ABOUT THE MINI WAREHOUSE? THAT REALLY DOES IT BLEND WITH EVERYTHING ELSE.

>> ON ANOTHER PROJECT VERY SIMILAR IT IS POSITIONING PROPERTY AT THE BACK OF THE PROPERTY AND IT DOES NOT LEND ITSELF TO RETAIL. IT IS A QUIET LOW-IMPACT USE AND I HAD A CITY OFFICIAL ONCE TELL ME THE LOWEST IMPACT OTHER THAN A WAREHOUSE WOULD BE A CEMETERY. SO WE AVERAGE 10 OR 12 CUSTOMERS ON A VERY BUSY DAY BUT IT IS THIS IS A LEVEL III FACILITY MEANING THAT IT IS FULLY GATED AND WE HAVE ACCESS CODES TO GET IN. WE HAVE CAMERA SYSTEMS THE ROUTE SO WHEN A PERSON COMES THROUGH THE SITE WE CAN TRACK THEM IN AND OUT OF THE BUILDING. WE FEEL IT IS A PRETTY SAFE ENVIRONMENT AND IS CONDITIONED AND FULLY ENCLOSED. NO EXTRA UNITS OR DROPPING UNITS. THIS WORKS VERY NICELY IN UNITS. PEOPLE WANT TO GET CLOSE TO THE HOUSE AND THAT IS WHERE THEY BRING IT FROM. THIS, BY SIZE, IS ONLY TWO STORIES. WE HAVE DONE SOME THAT ARE THREE AND FOUR STORIES. IT IS RELATIVELY SMALL BY SELF STORAGE FACILITY STANDARDS . IF YOU LOOK AT A U-HAUL FACILITY YOU ARE LOOKING AT PROBABLY 150- 200,000 SQUARE FEET FACILITY SO THIS IS REALLY A NICE SET UP.

>> SO, FROM THE OUTSIDE, YOU WILL NOT HAVE DOOR AFTER DOOR.

>> THERE ARE NO EXTERIOR DOORS. THERE IS ONE ENTRANCE AND WE HAVE WINDOWS ON THE FIRST FLOOR TO LET DAYLIGHT IN BUT WE TRY

[00:45:01]

TO KEEP IT A VERY COMFORTABLE ENVIRONMENT AND KEEP THE CONDITIONING RIGHT IN THE MUSIC RUNNING TO KEEP IT NICE FOR THE CUSTOMERS. THOSE ARE THE ITEMS WE HAVE IN A LEVEL III

FACILITY. >> ANYONE ELSE? THANK YOU.

>> JUST AS A QUICK RUN THROUGH I WANT TO GIVE YOU A QUICK SUMMARY. OF WHAT WE FEEL WE ARE BRINGING TO THIS. TRAFFIC IS A BIG ISSUE. WE HAVE DONE SOME CALCULATIONS AND BY THE TIME THIS IS DONE WE THINK WE WILL INVEST CLOSE TO $60 MILLION IN THE DEVELOPMENT. WE WOULD BE PROPOSING BACK TO THE CITY $240,000 IN TRAFFIC IMPACT FEES. AND UTILITY IMPACT FEES AND THEN WITH THE, WE ARE PUTTING THE LEFT TURN LANES WITH STOCKING ON BOTH STREETS TO GET THE TRAFFIC THAT COMES INTO THE CENTER OFF THE THOROUGHFARE LANES AND WE WILL PUT THOSE LANES IN PLACE AND THAT IS ANOTHER $700,000 OF IMPROVEMENTS. SO WE ARE PUTTING ABOUT $1.5 MILLION IN IMPROVEMENTS INTO THE CITY THAT WILL HELP TRAFFIC. WE HOPE THAT HELPS. WE HAVE OUR TRAFFIC ENGINEER AND RETAILER HERE TO

ANSWER ANY QUESTIONS. >> ANY QUESTIONS? OKAY. THANK

YOU. >> WE WILL NOW HEAR FROM THE

PROPERTY OWNER. MR. MASSEY. >> HELLO. I AM STEVE MASSEY. I AM REPRESENTING ONE OF THE LANDOWNERS. MY BROTHER IS ONE AND MY TWO COUSINS ARE HERE. WE HAVE BEEN A CLOSE KNIT FAMILY AND LIVE TOGETHER ON EVERYTHING. THIS PROPERTY HAS BEEN IN OUR FAMILY FOR OVER 100 YEARS AND WE HAVE BEEN VERY PARTICULAR ABOUT WHAT GOES UP THERE. INITIALLY, THEY PUT OUR NAME ON IT AND WE WERE PLEASED TO HAVE OUR GRANDMOTHER AND GRANDFATHER LEAVE SOMETHING WITH THEIR NAME ON IT. THIS CORNER HAS BEEN REALLY LOOKED AT BY A LOT OF PEOPLE THAT WE COULD HAVE SOLD TO AND WE TURNED DOWN BECAUSE WE FELT LIKE THE LANDOWNERS WOULD NOT WANT THEM. WE DIDN'T FEEL LIKE YOU WOULD WANT THEM BUT WE HAVE ALWAYS SAID WE WANTED A MAJOR GROCERY STORE. WE CAME UP TO GET THIS ZONED SIX YEARS AGO.

IT WAS DENNIS A PLANNED EVOLVEMENT AND WE UNDERSTOOD IT. WE DIDN'T KNOW YOU HAD TO COME AND GET A SPECIAL USE PERMIT TO PUT IT IN THAT, WE WANTED TO GO FOR A MAJOR BRAND DOES RESTORE. WE HAVE HAD CHANCES TO PUT IN A CONVENIENCE STORE OR MAYBE A DOLLAR STORE BUT WE HAVE NOT DONE THAT BECAUSE WE WANTED SOMETHING THAT WOULD REALLY IMPROVE THE PROPERTY VALUE OF THE HOMES AROUND IT. AND THAT WE COULD BE PROUD OF AND PEOPLE COULD BE PROUD OF TO GO TO AND SHOP. WE FEEL LIKE WE HAVE DONE THAT AND I TELL YOU WHAT. WE LAY AWAKE AT NIGHT AND PRAYED FOR TRAFFIC SO THAT WE COULD GET THIS AND NOW, IT IS TRAFFIC TURNING US DOWN. ANYTHING WE DO IN THIS WORLD THERE IS SOME GIVE-AND-TAKE AND YOU HAVE TO GO THROUGH SOME PERIODS OF THAT BEFORE YOU GET TO A POINT WHERE YOU NEED TO BE AND WE JUST DON'T KNOW WHAT TO DO NOW. MY FAMILY, I'M GOING TO BE 70 MY BROTHER IS 76. OUR COUSINS ARE BOTH ABOUT THAT AGE AND WE WOULD LIKE TO SO WHAT WE HAVE GOT TO THE RIGHT PEOPLE PULL IN MIDLOTHIAN AND LEAVE THE RESIDENCE AND EVERYBODY HERE WITH SOMETHING THEY WOULD BE PROUD OF. THAT IS ALL I HAVE GOT TO SAY. I WOULD SURE

APPRECIATE YOUR SUPPORT. >> DO YOU WANT TO SAY SOMETHING

ON BEHALF OF JERRY? >> YES.

>> DOES ANYBODY HAVE ANY QUESTIONS OF THE PROPERTY OWNER? OKAY. PLEASE STATE YOUR NAME.

>> MY NAME IS ANNA -- AND I AM THE CIVIL ENGINEER ON THE PROJECT. I WOULD LIKE TO POINT OUT A COUPLE OF THINGS. CAN WE GO TO THE LANDSCAPE PLAN? THERE HAVE BEEN QUESTIONS AS TO HOW THE SITE PLAN WAS DEVELOPED SO I JUST WANT TO GIVE A VERY GENERIC EXPLANATION OF THAT. WE HAVE BALANCED OUT A LOT OF

[00:50:04]

DIFFERENT THINGS AND ONE IS, OBVIOUSLY, THE NEIGHBOR CONCERNS. WHEN WE INITIALLY MET WITH THE CITY , IT WAS IMPORTANT THAT WE PUT IN THAT LANDSCAPE OFFER IN THE BACK AND THAT WE DO EVERYTHING AND ANYTHING TO MITIGATE THE IMPACT. WE HAD WORKED CLOSELY WITH THE LANDSCAPE ARCHITECT AND WE ALSO MET WITH THE NEIGHBORHOOD. YOU GO TO THE LANDSCAPE PLAN THE COLORED ONE? THAT WAS IN THE PRESENTATION? SO, WHEN WE MET WITH THE CITY, AND WITH THE PROPERTY OWNERS IN THE NEIGHBORHOOD IT WAS IMPORTANT TO MAINTAIN THE BUFFER SO WE HAVE THE MASONRY WALL AND A ROW OF TREES AND I THINK IT WAS MENTIONED EARLIER THAT WE HAVE ALMOST A 100 FOOT SETBACK BETWEEN THE PROPERTY LINE AND THE BACK OF THE BUILDINGS. WE PLACED THE TRUCK DOCKS ON THE OUTSIDE OF THE BUILDING SO WE DID NOT HAVE THE IMPACT OF THE NOISE AND THE TRUCKS BACKING IN AND OUT. THE LOCATION OF THE MAIN DRIVE IS CLOSE TO WHERE THE EXISTING DRIVEWAY IS AND THE DRIVEWAY CUT. WE HAVE HAD MEETINGS WITH THE CITY AND THAT LOCATION ACTUALLY DOES MEET TODAY'S CRITERIA FOR TEXT..

WE REMOVE THAT TO NOT HAVE ANY IMPACT WITH THE EXISTING RIGHT TURN LANES SO WE POSITIONED THE OPENING AT THE LOCATION AND THAT MEETS THE CRITERIA OF TODAY'S CRITERIA AND WITH THE WIDENING OF THE 1387 ROADWAY. A COUPLE OF THINGS THAT WE NOTICED OF RESIDENT CONCERN IS LIGHTING POLLUTION. ONE WAY THAT WE MITIGATE THAT IS BY PROVIDING DOWN LIGHTING ON THE SITE. HAVING WALKING PATHS THAT JUST LIE DOWN AND NOT TOWARDS THE NEIGHBORHOOD AND ANOTHER THING I WANTED TO POINT OUT IS THAT WE ALSO PROVIDE SIDEWALKS ALONG 1387 AND WALNUT GROVE ROAD FOR KIDS TO WALK ALONG THE PROPERTY TO AND FROM SCHOOL. THE ONE ON FM 1387 IS ABOUT 100 FEET AWAY FROM THE EDGE OF PAVEMENT SO THAT PROVIDES A GOOD BUFFER FOR SAFETY PURPOSES. NOW IF WE CAN GO TO THE --

>> SO, FOR THE WAREHOUSE USE, THE NORTHEAST CORNER OF THIS, THAT IS TWO STORIES. GENE WITH THE ELEVATION DIFFERENCES BETWEEN THE FIRST FLOOR OF THE WAREHOUSE FOR PARKING AND THE HOUSES THAT BACKUP TO IT?

>> THE HOUSES ARE A BIT HIGHER ELEVATION THAN THIS SITE AND THEY SAY THAT BECAUSE WE ARE GETTING SOME OF THE DRAINAGE FROM THE SINGLE-FAMILY DEVELOPMENT ONTO OUR PROPERTY THAT WE ARE PREPARED TO MITIGATE FOR THAT SO WE WILL BE BRINGING THAT INTO THE RETENTION POND AND PLAN TO -- BEFORE WE RELEASE THAT INTO THE SYSTEM SO THOSE ARE ACTUALLY A BIT HIGHER SO I WOULD SAY ABOUT TWO OR 3 FEET SO WE WILL TAKE ADVANTAGE OF THAT TOPOGRAPHY. SO, YOU ARE AT A FULL --.

>> AND THE LANDSCAPE ARCHITECT IS COMFORTABLE WITH THE SPACE

BETWEEN THE TREES AND THE WALL? >> THERE IS ENOUGH SPACE BECAUSE WE NEED TO HAVE A LEVEL BANK FOR ACCESS TO THE POND AND THEN WE START GOING DOWN AT 4-1. EVEN AT THE SLOPE OF 4:1, WE WILL HAVE SOME FLAT AREA THAT IS ACCESSIBLE FOR MOWING AND ALL OF THAT. WE ACTUALLY ADDED A ROW OF TREES

[00:55:02]

THAT YOU CAN SEE ALONG THE NORTH DRIVE AND THE NORTH DRIVE IS PRETTY MUCH -- BASED ON THE CONDITIONS OF WALNUT GROVE BUT WE DID GET A ROW OF TREES IN THERE WITH A FIVE FOOT BUFFER. I WANTED TO SHOW YOU THE IMPROVEMENTS THAT WE ARE PROPOSING ON BOTH 1387 ANTON WALNUT GROVE ROAD SO THIS ONE SHOWS THE OVERALL -- ON WALNUT GROVE THERE IS AN EXISTING LEFT TURN LANE THERE AND IT IS A STRIPE CENTER LANE BUT YOU CAN BASICALLY SEE THE ENDING WHERE WE ARE PROPOSING OUR FOURTH DRIVE SO WE ARE EXTENDING THAT LEFT TURN LANE TO MEET THE CURRENT CRITERIA AND THAT IS ABOUT 265 FEET AT 40 MILES PER HOUR SO THAT IS WIDENING THAT STREET ALL THE WAY. ON 1387 WE ARE ADDING A LEFT TURN LANE AND YOU CAN SEE THAT IN GRAY AND ALSO A RIGHT TURN LANE SO THE LEFT IS IN THE EASTBOUND DIRECTION AND THE RIGHT IS IN THE WESTBOUND DIRECTION. AND IF YOU GO TO THE NEXT SHEET I CAN SHOW YOU WHAT THAT LOOKS LIKE. THAT ADDS MORE DETAIL. WHAT IS SHADED IN GRAY IS ADDITIONAL PAVING. THE CROSS-SECTION IS VERY NARROW AND IT TRANSITIONS FROM ABOUT 36 FEET WIDE BEYOND THE INTERSECTION TO BASICALLY ABOUT 25 FEET SO WE ARE PROPOSING A WIDENING OF ABOUT 20 FEET FOR A LEFT TURN LANE AND THEN AN ADDITIONAL 14 FEET AND AN ADDITIONAL 14 FEET FOR THE RIGHT TURN LANE GOING INTO THE SITE. AGAIN, THIS MEETS CRITERIA. THEN, ON THE NEXT PAGE WE CAN SEE WALNUT GROVE.

THE OTHER TWO RECOMMENDATIONS THAT STAFF HAVE MADE IS THE RIGHT TURN LANE ONTO THE SITE, THOSE WERE NOT WARRANTED BY THE TIA ANALYSIS. THESE TURN LANES WERE WARRANTED AND THAT IS WHAT WE HAVE PROPOSED. WE HAVE DROWNED THEM OUT AND WE WANTED TO TO SEE THEM TONIGHT. THE RIGHT TURN LANES ARE NOT WARRANTED BUT WE WANTED TO SHOW YOU WHAT STAFF IS PROPOSING. WE HAVE OUR TRAFFIC ENGINEER THAT CAN GET INTO THE TECHNICAL DETAILS OF THAT.

>> QUESTIONS? OKAY. THANK YOU.

>> GOOD EVENING. I AM BRANDON FORSYTH . I WANT TO TOUCH ON THE GENERAL CONSENSUS AND THE IDEA THAT WE WOULD BE DOUBLING TRAFFIC DURING THE DAY. WHEN WE DO OUR ANALYSIS WE ARE LOOKING AT PEAK HOURS. WHEN YOU PROJECT THAT OUT TO DAILY THEY DON'T HAVE A PASS BY ALLOTTED FOR THE DAILY VOLUME SO THEY ARE TAKING THAT NUMBER AND MAKING THE ASSUMPTION THAT ALL TRAFFIC WOULD BE ROUTING EAST OF WALNUT GROVE AND THAT IS NOT THE CASE. WE WILL HAVE THE ESTIMATED -- TO AND FROM THE SOUTH AND THEN 20% TO THE WEST. THAT WOULD BE FURTHER DISTRIBUTED AND THE 3000 PER DAY IS PROBABLY A HIGH ESTIMATE. WE CALCULATED ABOUT 15-60 WHEN WE DO CALCULATIONS THERE AND THEN AGAIN, WE ARE LOOKING AT THE PEAK HOURS AND THAT IS REALLY WHAT WE ARE CONCERNED WITH. ALONG 1387, IN 2029 CONDITIONS, THAT ACCOUNTS FOR THE BUILDOUT OF THE SITE AT 3.5% GROWTH. WE ARE AT 6% AND 10% OF THE PEAK HOURS. FOR THE FAILURES INTRODUCED, THE 1387 DRIVE WILL BE MITIGATED WHEN THE ROAD IS WIDENED. ANY MORE QUESTIONS ON OTHER DETAILS

[01:00:06]

IN THE TIA? >> DOES THE TIA TAKE INTO ACCOUNT WHAT THE CURRENT USES COULD BE?

>> WE HAVE NOT ROLL THAT OUT FOR COMPARISON YET.

>> THANK YOU. WE WILL MOVE INTO THE PUBLIC INPUT AND WE DO HAVE QUITE A FEW HERE SO I WILL ASK IF YOU ARE SPEAKING, IF SOMEONE SPEAKS IN FRONT OF YOU AND YOU ARE JUST GOING TO SAY WHAT THEY SAID, SAY THAT YOU AGREE WITH THEM AND IF YOU HAVE ADDITIONAL COMMENTS, IT WILL EXPEDITE THINGS IF WE ARE NOT BEING REPETITIVE WITH EVERY SPEAKER. ON THE NON-SPEAKERS GIVE YOUR NAME AND WHETHER YOU ARE IN A POSITION OR IN FAVOR.

I WILL NOT REACH HER COMMENTS BUT THEY WILL GO INTO THE OFFICIAL RECORD SO THOSE WILL BE RECORDED. SO FIRST WE HAVE

-- CONAN . >> I WILL BE BRIEF. I AM IN OPPOSITION OF THE REZONING. NUMBER ONE BECAUSE OF THE TRAFFIC. I DID NOT SEE IN THE TIA WHERE THEY TOOK INTO ACCOUNT THE MIDDLE SCHOOL THAT IS ON WALNUT GROVE. MASSEY MEADOWS HAS CONSTANT PROBLEM WITH TRAFFIC AND PARENTS PICKING UP THEIR CHILDREN WAITING TO GET IN THE LINE TO PICK UP KIDS. THEY HAVE ALREADY BACKED WAY INTO OUR NEIGHBORHOOD WAITING TO GET INTO WALNUT GROVE. THIS ZONING WILL ADD TO THAT ISSUE. THE ENTRANCE THAT IS OFF OF WALNUT GROVE THAT IS RIGHT AGAINST THE FENCE IS GOING TO ADD TO THE NOISE, TO THE CONGESTION OF THOSE NEIGHBORS IN THOSE HOUSES. MY HOUSE IS NOT ONE OF THOSE HOUSES. MINUS AT THE DETENTION POND PERSONALLY. I AM CONCERNED ABOUT THE DETENTION POND BECAUSE THE ENGINEER, WHEN SHE SPOKE WITH US AND MET WITH THE NEIGHBORHOOD, THEY DID SAY IT WOULD DRAIN. WE KNOW IT IS A DETENTION POND AND THEY DO HOLD WATER SO THERE IS CONCERN ABOUT ADDITIONAL MOSQUITOES AND THE RODENTS THAT WILL COME WITH THE GARBAGE THAT THE RESTAURANTS AS WELL AS THE GROCERY STORE PUT OUT. WE HAVE NOT HEARD ANYTHING ABOUT WHAT THEY WILL DO ABOUT ODOR, RODENTS, AND BUGS. THE DRIVE-THROUGH IS, I WOULD STRONGLY ENCOURAGE YOU TO NOT MAKE AN ALLOWANCE TO LET THE DEVELOPER DO WHAT HE WANTS WITH ANY TYPE OF DRIVE-THROUGH , RESTAURANT ESPECIALLY. IF THE STARBUCKS GOES IN WE KNOW THAT TRAFFIC IS GOING TO BE 10 TIMES WORSE BECAUSE THEY WRAP AROUND EVERY STARBUCKS BUILDING THEY PUT UP. I WOULD LIMIT THAT. THE CONCERN ABOUT THE TIA AS WELL -- I HAVE NOT HEARD WHAT THEIR DEFINITION OF PEAK HOURS ARE BECAUSE, PEAK HOURS VARY ON WALNUT GROVE. IT IS WHEN MIDDLE SCHOOLERS ARE GOING TO SCHOOL AND DAWN 1387 IT IS WHEN HIGH SCHOOL STUDENTS ARE GOING TO SCHOOL. WE HAVE NEIGHBORS THAT HAVE HAD TO ADJUST THE TIME THAT THEY LEAVE HOME JUST TO GET OUT OF THE NEIGHBORHOOD AND THAT WAS PRIOR TO WALNUT GROVE BEING RECONSTRUCTED.

THANK YOU. >> KYLE HENDERSON. I'M SORRY. HENDRIX -- HENDRICKSON . NOT HERE? OKAY. FRAN -- I'M NOT EVEN GOING TO ATTEMPT HER LAST NINE -- NAME. COME

INTRODUCE YOURSELF FRAN. >> MY NAME IS FRAN -- AND I LIVE IN MASSEY MEADOWS. WE BUILT OUR HOME THERE THREE

[01:05:06]

YEARS AGO AND ONE REASON IS BECAUSE IT HAS A SMALL TOWN FEEL. I HAD NO IDEA THE LOT HAD BEEN ZONED. WE ASK THAT QUESTION BEFORE WE BOUGHT THE LOT BECAUSE THAT IS NOT WHAT WE WANTED TO LIVE BY. THE ONE QUESTION I WOULD HAVE ABOUT THE TRAFFIC ANALYSIS IF IT WAS TAKEN INTO CONSIDERATION THAT THERE ARE TWO MAJOR SUBDIVISIONS BEING BUILT. ONE 1387 AND ONE ON WALNUT GROVE. THEY ARE NOT ANYWHERE NEAR COMPLETION WHICH WILL ADD TRAFFIC TO THAT. THAT WOULD BE MY QUESTION. DID WE ALREADY COUNT THOSE? I THINK I VERY STRONGLY AGREE WITH EVERYTHING THAT PAM SAID.

>> THANK YOU. MICHAEL BOWMAN. WILL YOU IDENTIFY YOURSELF AND

WHERE YOU LIVE. >> I AM MICHAEL BOWMAN AND I AM A RESIDENT OF MASSEY MEADOWS. TRAFFIC, IT IS ONE THING TO COUNT TRAFFIC AND IT IS ANOTHER THING IF YOU LIVE THERE THE LAST FOUR YEARS AND WHAT TRAFFIC IS LIKE AND GROWS EVERY DAY. ONE OF THE THINGS THAT I WANT TO BRING IS --. WE KNOW WHAT WILL HAPPEN. THERE HAS BEEN NO CLARIFICATION ON WHEN . WE ARE GOING TO BUILD ALL OF THIS BASED ON TRAFFIC ASSUMPTIONS FOR A ROAD THAT MAY NOT GET DONE FOR ANOTHER 10 YEARS. EVERY DAY IT TAKES ME 20 MINUTES TO TURN EAST ON 1387 . THAT IS MORNING. IN THE AFTERNOON IT IS IMPOSSIBLE TO DRIVE. PLEASE CONSIDER THAT WHILE IT MIGHT SEEM GOOD YOU WILL HAVE A SIGNIFICANT IMPACT ON THIS NEIGHBORHOOD. I WILL JUST LEAVE IT AT THAT SO OTHERS CAN MAKE THEIR COMMENTS. THANK

YOU. >>

>> MY NAME IS KIMBERLY CLARK AND I LIVE IN MASSEY MEADOWS.

THANK YOU FOR ALLOWING US TO GIVE OUR THOUGHTS. I AGREE WITH PAM , FRAN , AND MIKE. AS A FORMER 17 YEAR EDUCATOR, I THINK WE NEED TO THINK ABOUT THE STUDENTS WANTING TO GO TO THOSE GROCERY STORES AND CONVENIENCE STORES AT PARTICULAR TIMES. WE HAVE TO THINK ABOUT WHEN THEY ARE WANTING THEIR SNACKS AND THE TRAFFIC IS REALLY BAD THEN.

THINKING ABOUT THE MORNING TIME, AND THERE ARE STUDENTS IN THE AFTERNOON AND WHEN THEY ARE WALKING THEY WILL BE IN DANGER WALKING ACROSS THE STREET. ONE THING ALSO IS THAT I LIVE ON -- I LIVE ON THE STREET WHERE THEY ARE BUILDING THIS AND SO THIS WILL BE AGAINST OUR BACKYARD.

THINK ABOUT ALL OF THE OTHER TRAFFIC THAT WILL ACCOUNT. FOR A LONG TIME IT WAS REALLY INCONVENIENT. I JUST WANT YOU

TO THINK ABOUT THAT AS WELL. >> THANK YOU. CHRIS DUNHAM.

>> THANK YOU VERY MUCH FOR ALLOWING US TO VOICE OUR OPINIONS. IT IS OKAY IF WE SWITCH TO THE LANDSCAPING MAP? THERE IS SOMETHING I WOULD LIKE TO POINT OUT. THE REALLY COLORFUL GREEN ONE? THAT'S IT. IT IS MY UNDERSTANDING THAT WE WANT TO PROTECT THE INTEREST OF THE CITIZENS OF MIDLOTHIAN. WE HAVE REASONS TO PROPOSE THIS -- TO DENY THIS PROPOSAL. I LIVE ON THE NORTH SIDE AND MY PROPERTY BACKS UP TO THIS PARCEL. BASED ON THESE RECOMMENDATIONS THAT WE HEARD TODAY I THINK THAT THIS IS RUSH. THEY JUST TOLD US THIS MORNING THEY BROUGHT IN NEW FAX THAT NONE OF THE RESIDENTS OF

[01:10:03]

THIS COMMUNITY HAVE GOTTEN TO SEE. NEXT I WOULD LIKE TO POINT OUT THE NOISE POLLUTION. THEY WILL BE LIMITING THE HOURS OF OPERATION FOR THE GROCERY STORE AND LIMITING THE HOURS THAT DELIVERIES WILL BE ALLOWED BUT THAT DOES NOT TAKE INTO ACCOUNT PEOPLE THAT WORK FROM HOME OR PEOPLE WHO HAVE CHILDREN THAT TAKE NAPS DURING THE DAY. WE ARE ALSO PUTTING IN A GAS STATION. PEOPLE PULL UP TO GAS STATIONS AND PLAY MUSIC. KNOW MANY -- NO MATTER HOW MANY SIGNS WE PUT UP, PEOPLE WILL PLAY MUSIC. LASTLY, THESE FAST FOOD RESTAURANTS ARE ALSO LIKELY 24 HOURS. MCDONALD'S HAS 24 HOUR DRIVE THROUGH . SO THEY WILL BE DISTURBING US IN THE MIDDLE OF THE NIGHT. THE COMMUNITY RETAIL THAT IS ZONED FOR IS JUST THAT. RETAIL THAT IS CONDUCIVE TO COMMUNITIES. WHAT YOU'RE PROPOSING IS NOT CONDUCIVE TO COMMUNITIES. WE ALSO HAVE LIGHT POLLUTION. DOWNCAST LIGHT IS STILL LIGHT THAT WILL BE COMING INTO HER BEDROOM SAND BACKYARDS. LASTLY, I WOULD LIKE TO MENTION ONE ASPECT OF TRAFFIC . THAT IS THE ISSUE OF PEOPLE CUTTING THROUGH OUR NEIGHBORHOOD. WE TALK ABOUT PEOPLE PILING UP WAITING TO PICK UP STUDENTS FROM SCHOOL AND THEN WE HAVE TONS OF PEOPLE THAT DRIVE THROUGH THE NEIGHBORHOOD TO AVOID THE LIGHT. IT WOULD BE SHORTSIGHTED TO CONSIDER THAT PEOPLE WILL WILL NOT STILL CUT THROUGH OUR NEIGHBORHOOD MAYBE EVEN MORE THAN THEY DO NOW.

LASTLY AND THE MOST CONCERNING ISSUE IS THE NORTHWEST CORRIDOR. WE DON'T WANT TO CAUSE DAMAGE TO A SMOKER BUT PEOPLE BUT THESE HOUSES RIGHT HERE THE STAFF RECOMMENDED TO THE DEVELOPER THAT THERE BE A 35-50 FOOT EASEMENT.

>> SIR, I NEED YOU TO CLOSE. >> OKAY. THESE PEOPLE HERE ARE BEING SHORTSIGHTED OR SHORTCHANGED AND IT IS NOT FAIR TO THE PEOPLE THAT LIVE ON THE CORNER. THANK YOU.

>> THANK YOU.

PLEASE IDENTIFY YOURSELF AND WHERE YOU LIVE.

>> MY NAME IS IT DORA -- AND DIANE AM A RESIDENT OF KENSINGTON PARK NEIGHBORHOOD WHICH IS DIRECTLY ACROSS FROM THE HIGH SCHOOL AND I RESIDE IT 1991 NORTH WALNUT GROVE I KNOW THAT WE HAVE REPRESENTATIVES FROM MASSEY MEADOWS HERE TONIGHT BUT HAVE SPOKEN WITH SEVERAL NEIGHBOR AS -- NEIGHBORS IN MY NEIGHBORHOOD I FOR ONE AM HERE ARE AND AFTER SPEAKING WITH FRIENDS AND NEIGHBORS AS WELL, I WOULD LIKE TO SEE THE PROJECT APPROVED. WE ARE AWARE THAT IT IS ZONED -- AND THE CURRENT OWNERS CAN SELL TO ANY PROSPECTIVE BUYERS NOW AND IN THE FUTURE FOR PROJECTS. SO IT COULD BE JUST ABOUT ANYTHING. WE COULD END UP WITH A LESS DESIRABLE OPTION. THE PROJECT TONIGHT WILL BE BENEFICIAL IN A MATTER OF CONVENIENCE, QUALITY OF LIFE AND IN THE BEST INTEREST OF OUR PROPERTY VALUES. IT IS MY UNDERSTANDING THAT THE PURCHASER HAS BEEN VERY ACCOMMODATING TO THE CONCESSIONS REQUESTED AND REQUIRED BY THE CITY AND OTHER AGENCIES IN ORDER TO MAKE THE CROSS CONSTRUCTION PROCESS AS EASY AS POSSIBLE INCLUDING THE TEMPORARY TRAFFIC BYPASSES WHILE STREET WORK IS COMPLETED. I AM ASKING THE BOARD AND DECISION-MAKERS TO APPROVE THE PROJECT AS PLANNED INCLUDING THE GROCERY STORE, FUEL, AND MULTIPLE BUSINESSES.

>> THANK YOU. LARRY JENKINS. PLEASE IDENTIFY YOURSELF AND

WHERE YOU LIVE. >> I AM LARRY JENKINS AND I AM JUST NORTH OF MOCKINGBIRD. I JUST FOUND OUT ABOUT THIS EARLIER TODAY SO I APOLOGIZE IF I REPEAT THINGS THAT WERE ALREADY SAID. THE TRAFFIC HAS BECOME SO BAD -- WE MOVED HERE

[01:15:06]

IN 2012 AND CERTAIN TIMES OF THE DAY I HAVE TO WAIT SEVERAL MINUTES TO GET OUT OF MY HOME BECAUSE SCHOOL TRAFFIC IS SO BACKED UP AT WALNUT GROVE. THE BUILDING OF THESE CENTERS IS GOING TO DO NOTHING BUT MAKE THAT EVEN WORSE. A COUPLE OF PEOPLE TALKED ABOUT ALL OF THE NEW CONSTRUCTION GOING ON NORTH OF WALNUT GROVE AND THERE IS ALSO MASSIVE CONSTRUCTION GOING ON ON MOCKINGBIRD. HAVE ANY OF THOSE FIGURES BEEN ACCOUNTED FOR AND THOSE PROJECTIONS? IF THEY HAVEN'T, THEY SHOULD BE.

I AM JUST GOING TO BE HONEST WITH YOU -- WHEN WE ANNEXED A FEW YEARS AGO WE GOT NOTHING FOR IT AND THIS PROJECT SOUNDS LIKE WE WILL NOT GET ANYTHING GOOD FOR THIS PROJECT SO I WOULD REQUEST THAT YOU REJECT IT.

>> THANK YOU. ROBERT HARTON . IS THAT CORRECT? DAVID

HARDEN? >> I AM DAVID HARDEN AND MY ADDRESS IS 2401 RANDOM MILL ROAD. I JUST WANT TO PROVIDE A LITTLE INSIGHT. WE HAVE A GREAT DEVELOPER WHO WILL DO A GOOD JOB. I KNOW WE HAVE MADE A LOT OF CHANGES AND MODIFICATIONS TO THE PLAN TO TAKE INTO CONSIDERATION AT THE COMMUNITIES REQUEST TO ADDRESS CONCERNS AND THE CITY AS WELL.

WE APPRECIATE SUPPORT IN THE NEIGHBORHOOD, THE GROCERY STORE, WE WANT TO BE A PART OF THE COMMUNITY. IT IS NOT A 120 THOUSAND SQUARE FOOT KROGER. THIS IS A 60,000 FOOT STORE.

>> THANK YOU. JACK FREEMAN. WILL YOU PLEASE IDENTIFY

YOURSELF. >> I AM JACK FREEMAN AND I LIVE IT 220 SOUTH -- ROAD. I LIVE ON THE SOUTHEAST CORNER OF WARNER GROVE AND I COMPLETELY SUPPORT THIS PROJECT. WE HAVE LIVED IN THAT HOUSE 40 YEARS. I HAVE SEEN MORE THAN ENOUGH CHANGE TO KNOW WHEN I SEE SOMETHING GOOD. KROGER CAME ALONG , 663 WAS NOT READY FOR IT AND 14TH STREET WAS NOT READY FOR IT BUT WE STILL GOT IT. INCONVENIENCE OF THE TRAFFIC. I DISAGREE. TRAFFIC WILL GO DOWN BECAUSE, I GUARANTEE FOUR OUT OF 10 CARS THAT GO DOWN 1387 AND WALNUT GROVE ARE GOING TO KROGER . THEY WON'T HAVE TO DO THAT ANYMORE. WALNUT GROVE IS IN THE MIDDLE OF WIDENING AND 1387 WILL BE WIDER. I PREDICT WITHIN THE NEXT SIX YEARS BUT, THE INCONVENIENCE IS BECAUSE OF GROSS. YOU KNOW, WHAT THIS PROJECT WILL BRING TO THE COMMUNITY, MONEYWISE, IT IS A LOT FOR THE CITY TO CONSIDER. CONSIDER WHEN KROGER CAME IN.

MY FAMILY HAS NOT BEEN THERE AS LONG AS MASSEY BUT WE HAVE BEEN HERE LONG ENOUGH TO KNOW THE GROSS. I THINK EVERYTHING THAT THEY HAVE LAID OUT FOR THE PROJECT -- MAYBE SOME THINGS NEED TO BE CHANGED OR TWEAKED A BIT BUT OVERALL, I THINK IT IS A GOOD THING FOR THE COMMUNITY. LIGHTING WISE, I KNOW THE LIGHTING IS A CONCERN. THERE ARE SOME SCHOOLS THAT HAVE

[01:20:01]

LIGHTS ON 24 SEVEN SO IF THE PROJECT MANAGER IS WILLING TO FACILITATE THE LIGHTING AND THE EFFECT IT WILL HAVE ON THE HOUSES, I DON'T THINK THE LIGHTING WILL BE THAT MUCH OF AN ISSUE. I DO THINK TRAFFIC WILL ACTUALLY DECREASE IN SOME WAYS. I AM NOT AN ENGINEER BUT I HAVE BEEN HERE FOR OVER 40 YEARS AND I KNOW THE TRAFFIC. I HEAR IT AT 3:00 IN THE MORNING. IT IS NOT GOING TO CHANGE. I DON'T KNOW HOW IT WOULD INCREASE BECAUSE PEOPLE ARE GOING TO GO TO THE STORE NO MATTER WHAT. I AM NOT AN ENGINEER .

>> MR. FREEMAN, A I ASK A QUESTION?

>> YES. >> WHERE DO YOU SHOP?

>> I GO TO BROOKSHIRE. >> THANK YOU.

>> OKAY . NEXT SPEAKER IS OR OUR NEXT NON-SPEAKER IS PHIL.

AND YOU ARE IN SUPPORT? >> YES, SIR.

>> MIKE -- ? >> I REQUESTED TO BE A SPEAKER. I AM WITH EXP REALTY AND I REPRESENT THE MASSEY FAMILY AND I AM IN SUPPORT OF THIS. I LIVE IN MANSFIELD. A LOT OF WHAT I WAS GOING TO SAY HAS BEEN SAID. WHEN I FIRST MET WITH THE MASSEY IN MAY 2022 THEY SHARED WITH ME THEIR VISION OF THEIR PROPERTY AND SOME OF IT HAS BEEN REALIZED WITH PD 98 . THEY CARVED OUT THIS 20 ACRES INTENTIONALLY FOR COMMERCIAL AND THEIR DREAM WAS TO HAVE NATIONALLY RECOGNIZED RETAIL BUSINESSES AND WE HAVE THAT. AS THE REAL ESTATE AGENT, WE GET DOZENS OF CALLS ON THIS PROPERTY. A LOT OF THEM ARE FROM LESSER QUALITY AND LESS DESIRABLE PRODUCTS THEN I THINK THE CITY WOULD WANT IN THE NEIGHBORHOOD. WHAT WE HAVE HERE IS MUCH BETTER THAN WHAT I COULD TELL YOU WHAT HAPPENED IF WE WERE GOING TO PIECEMEAL THIS PROPERTY OFF TO OTHER RETAILERS WHO HAVE ASKED IF THEY COULD CARVE OFF A CORNER OR ONE ACRE OVER AN EXTENDED PERIOD OF TIME. I THINK WE WOULD HAVE 20 OR 30 OF THESE MEETINGS DOING THAT RATHER THAN ONE. I DO UNDERSTAND THE TRAFFIC ISSUES AND THE FOLKS THAT BROUGHT THOSE UP. THE TIMING OF 1387 IMPROVEMENTS ARE UNCLEAR . IF THIS IS BILLED I SUSPECT THAT TXDOT MIGHT COME WORK FASTER. THAT IS ALL I HAVE.

>> THANK YOU. >> D ANY --. DANNY .

>> MY NAME IS DANNY TUT AND I LIVE ON CLERMONT. I DO EMPATHIZE WITH -- WITH THE GENTLEMAN BEFORE ME MADE MY POINT AND THAT I AM DRIVING DOWN THERE ONE WAY OR ANOTHER TO GET TO WHERE I HAVE TO GO WHERE THERE IT IS THE GROCERY STORE THE CONVENIENCE STORE. THAT POINT HAS NOT BEEN MADE. I AM NOT A TRAFFIC EXPERT BUT, IF YOU HAVE TEENAGERS AND YOUNG DRIVERS LIKE I HAVE HAD, IT IS A SCARY PROPOSITION FOR THEM TO GET ON 287 AND I WOULD JUST LIKE FOR YOU TO TAKE THAT INTO CONSIDERATION. I KNOW EVERY TIME MY KIDS WOULD HAVE TO GO INTO TOWN ON 287 IT WAS A BIT NERVE-RACKING. IT IS NOT NEAR AS DANGEROUS AS IT USED TO BE. THAT IS JUST SOMETHING THAT I

[01:25:05]

WOULD LIKE EVERYBODY TO TAKE INTO CONSIDERATION.

>> OKAY. THANK YOU. I HAVE A NON-SPEAKER. AND IT LOOKS LIKE THE LAST NAME IS SMITH. THE FIRST NAME IS CLEMENS?

>> NO, CLEMENT. >> AND YOU ARE OPPOSED?

>> YES. >> ANOTHER NON-SPEAKER , NICOLE SHELTON, IN OPPOSITION.

>> OKAY. COME UP AND IDENTIFY YOURSELF AND WHERE YOU LIVE.

>> I LIVE AT 1387 -- OF THE PROJECTS. THE MAIN REASON IS THAT EVERY SINGLE PART OF THIS DEVELOPMENT , I UNDERSTAND WITH TOWN GROSS -- GROWTH, -- NOW WE ARE GOING TO GO WIDER AND THERE WILL BE MORE TRASH. NOW I HAVE TO GO OUT OF MY DRIVEWAY AND GO HALF A MILE DOWN THE ROAD AND DO A U-TURN. I FEEL LIKE THERE IS A NEED FOR SOMETHING BUT FROM MY HOUSE AND 10 HOUSES DOWN, NOBODY UNTIL THE DAY BEFORE YESTERDAY RECEIVED THE LETTER ABOUT THIS. WHEN I HEAR IT IS DESIGNED BASED ON THE PEOPLE 200 FEET AROUND, THERE WERE PEOPLE THAT WERE NOT EVEN ADDRESSED. PEOPLE WERE NOT IN SUPPORT OF THE GROCERY STORE AND THE GAS STATION. I AM MORE CONCERNED , IT JUST FEELS LIKE PEOPLE HAVE NOT BEEN CONSULTED.

>> THANK YOU. >> NON-SPEAKER, JEFF MASSEY.

YOU ARE IN FAVOR? >> YES.

>> ANDREA MASSEY, IN FAVOR? >> YES.

>> OKAY.

MARIA GONZALES. IS SHE HERE? NOT HERE.

JERRY MASSEY, NON-SPEAKER, IN FAVOR? OKAY. DIANA -- .

NON-SPEAKER. IN OPPOSITION. OKAY. ANOTHER NON-SPEAKER , MARTIN MANNY? IS HE HERE? IN FAVOR? CHAD ADAMS, NON-SPEAKER, OPPOSED. RYAN YEAGER, NON-SPEAKER, OPPOSED. KELSEY TATUM, NON-SPEAKER, OPPOSED.

AND AGAIN, YOUR REMARKS WILL THE INCLUDED . ANNA RONALD ,

[01:30:04]

NON-SPEAKER, OPPOSED. ROY STOUT, NON-SPEAKER, OPPOSED.

MACY OBERT, NON-SPEAKER, OPPOSED. -- BRYANT, NON-SPEAKER , OPPOSED. CHRISTINE, NON-SPEAKER, OPPOSED. BRITTANY RIDDLE , NON-SPEAKER , IN FAVOR. KEVIN CALLING, NON-SPEAKER, OPPOSED. MARK MC RATE , NON-SPEAKER, OPPOSED. ERICA GONZALES , NON-SPEAKER, OPPOSED. ERIC DOLL , NON-SPEAKER, OPPOSED. -- DONNELL, NON-SPEAKER, OPPOSED. BRIAN GRIFFIN, NON-SPEAKER, OPPOSED. TANISHA GRIFFITH, NON-SPEAKER, OPPOSED .

WHITNEY A GARY , NON-SPEAKER, IN FAVOR. CHEZ -- , NON-SPEAKER, IN FAVOR. JONATHAN WILLIAMS, NON-SPEAKER, OPPOSED. RICKY KELLY, NON-SPEAKER , IN SUPPORT. AND TRISTAN DONE , NON-SPEAKER IN OPPOSITION. I HAVE IN MY HAND THE LAST -- WANDA WILKINSON, SPEAKER. PLEASE

IDENTIFY YOURSELF. >> I LIVE IT 280 SOUTH WALNUT GROVE ROAD. I WROTE MY COMMENTS DOWN. IN REVIEWING THE PACKET I HAD A COUPLE OF THINGS THAT I WANTED TO POINT OUT REGARDING THE REASONS FOR STAFF RECOMMENDED DENIAL OF THE APPLICATION. ONE OF THEM, THANK YOU FOR THE CLARIFICATION AND CORRECTION ON THE TRAFFIC BECAUSE I COULD NOT UNDERSTAND HOW THAT WOULD DOUBLE THE TRAFFIC. BUT I ALSO APPRECIATE THE QUESTIONS THAT HAVE BEEN ASKED. THOSE 3000, WHAT'S THE DIFFERENCE OF IF IT'S THIS VERSUS SOMETHING ELSE? ALSO, WHAT IS THE TRAFFIC THAT WILL BE ROUTED TO THE NEW SITE GOING TO DO TO TRAFFIC ELSEWHERE? I LIVE ON SOUTH WALNUT GROVE ROAD AND THERE IS A WHOLE LOT OF TRAFFIC. THERE ARE PEOPLE GOING TO TOWN INCLUDING MYSELF TO GET GAS, TO GET ITEMS FROM THE PHARMACY, TO GET FOOD , GROCERIES. NOW I CAN JUST GO UP THE ROAD AND I DON'T HAVE TO TAKE THAT THREE MILES -- WHICH SOME DAYS CAN TAKE 30 MINUTES IN MIDLOTHIAN NOW . I DO THINK THERE ARE SOME GOOD POINTS THERE THAT EVEN THAT 3000, I DON'T KNOW WHAT THE TRUE DIFFERENCES COMPARED TO SOMETHING ELSE BECAUSE THAT CORNER IS GOING TO SELL AND SOMETHING IS GOING TO GO THERE. I WILL SAY WE HAVE BEEN HERE 20 YEARS. RANDALL TUCKER, GOD REST HIS SOUL, THE MASSEY'S, SINCE THEY STARTED SELLING THEIR LAND, THEY HAVE BEEN IN TOUCH WITH THE COMMUNITY AND THEY DO WANT TO DO WHAT IS RIGHT FOR THE COMMUNITY. YOU KNOW, THE MASSEY'S HAVE HAD OPPORTUNITIES TO DO OTHER LESS DESIRABLE DEVELOPMENT. IF SOMETHING IS GOING TO HAPPEN, LET'S MAKE IT SOMETHING THAT WILL NOT BE -- LOOK AT THE KROGER GAS STATION AND THE BROOKSHIRE GAS STATION. EVEN THE WALMART GAS STATION. WHEN THE GAS STATIONS ARE TIED TO A LARGER DEVELOPMENT THEY TEND TO BE BETTER KEPT. THEY DON'T TEND TO HAVE AS MUCH OF THE TRANSIENT NATURE AS SOME OF THE OTHER CONVENIENCE STORE TYPE GAS STATIONS TEND TO . I

[01:35:05]

WOULD PERSONALLY PREFER THAT. TRAFFIC, AGAIN, I AM GOING TO READ PART OF THIS. SO, WITH TRAFFIC, AS A CITY WE HAVE CREATED THIS MONSTER OURSELVES. IN INSTANCES WE HAVE CHOSEN TO DELAY ROAD IMPROVEMENTS UNTIL THEY ARE PAST THE POINT OF BEING MADE IT. CASE IN POINT IS A BOND THAT WAS PASSED IN 2017, SIX YEARS BEFORE THE CONSTRUCTION WAS STARTED THAT WAS SUBPAR AND WILL REQUIRE ENHANCEMENTS IN THE COMING YEARS. WE ARE BUILDING OUT THE DOWNTOWN AREA WITHOUT REGARD FOR PARKING PLANS TO PROMOTE --. WE ARE FACING THIS AND IT IS AN ISSUE. I DON'T THINK THAT WE NEED TO PASS A GOOD OPPORTUNITY TO WAIT FOR THE INFRASTRUCTURE. WHO KNOWS WHEN THAT IS GOING TO HAPPEN, AND END UP WITH SOMETHING THAT IS NOT AS DESIRABLE OF A DEVELOPMENT.

>> I NEED YOU TO WRAP UP. >> I HAVE HEARD COMMENTS ABOUT CHILDREN TRAVELING AND NOT HAVING TO GET ON 287. WE ALSO TALKED ABOUT LAND COMPATIBILITY. WE HAVE AN OVERABUNDANCE OF HOMES BEING BUILT. WHAT WE NEED ARE GROCERY STORES AND OTHER THINGS FOR ALL OF US IN THE NORTHEAST QUADRANT. THANK YOU. I AM IN FAVOR .

>> THANK YOU. >> I AM NOT ON THE SPEAKER

LIST. MAY I ADDRESS YOU? >> JUST A MOMENT. LET ME MAKE SURE WE GOT EVERYBODY THAT HAS TURNED IN A FORM. OKAY . THAT I HEAR SOMEBODY START TO SPEAK? MA'AM, PLEASE STAND UP AND

COME TO THE MICROPHONE. >> WHAT IS YOUR NAME?

>> MELISSA BRYANT. >> ARE YOU IN SUPPORT OR

OPPOSED? >> WE WILL MAKE SURE THAT IS ENTERED INTO THE RECORD. WHAT ELSE? OKAY.

>> I APPRECIATE THE EXTRA MINUTE. I DO JUST WANT TO TOUCH BASE ABOUT THE QUALITY OF THE CENTER. WE ARE DEALING WITH THE NATIONAL GROCERY THAT WILL BRING THE FUEL SYSTEM WITH IT THAT WILL STAY UP TO A HIGH STANDARD. THEY REQUIRED THE SHOP SPACE TO BE UP TO CERTAIN STANDARDS. THEY HAVE REQUIREMENTS FOR US TO KEEP THE ENTIRE DEVELOPMENT UP TO THEIR STANDARDS. THE DETENTION POND WILL HAVE TO BE MAINTAINED AND OVERSEEN BY THE OWNER OF THE GROCERY STORE WHETHER THAT IS US OR AN INVESTOR. THAT RESPONSIBILITY DOES NOT GET DROPPED. THE ENTIRE INTENT HERE IS THAT THE GROCERY MAKES A BIG INVESTMENT IN THIS COMMUNITY AND THEY WANT TO MAKE SURE THAT IT STAYS QUALITY FOR A LONG TIME AND THAT IS WHY WE DO BUSINESS WITH THEM. THEY HAVE A VERY HIGH LEVEL OF

REQUIREMENT. >> THANK YOU.

>> STEVE, DO YOU HAVE CLOSING REMARK? -- REMARKS ?

>> I UNDERSTAND SOME OF THE PEOPLE THAT HAVE COME UP. HAVE LEGITIMATE COMPLAINTS AND THEY ARE CLOSE TO THE BACK OF THE BUILDING BUT, WE HAVE NEVER DEALT WITH THESE PEOPLE IN TERMS OF TRYING TO DO WHAT IT TAKES TO BE GOOD TO THEIR NEIGHBORS AROUND THEM. I THINK THEY MET WITH THE HOMEOWNERS ASSOCIATION THERE AND THEY ARE TRYING TO DO THINGS TO MAKE IT COMFORTABLE FOR THEM. YOU KNOW HOW LONG WE HAVE HAD PROPERTY AROUND HERE. WE ARE PROUD TO HAVE THEM. MOST OF THEM ARE TIED UP WITH LAND FOR SIX MONTHS OR A YEAR AND THEN THEY DON'T HAVE THE MONEY TO PAY FOR IT OR FOLLOW THROUGH BUT THESE PEOPLE ARE READY TO MAKE IT HAPPEN. IF WE PASS IT UP NOW, IT WILL BE DOWN THE ROAD AND WE WILL LOSE THEM. I DON'T KNOW WHAT TO SAY BUT I THINK IT WILL DECREASE -- IF WE BUILT WALNUT GROVE ROAD WHEN WE PASSED THE BOND ISSUE, IT WILL DECREASE THE TRAFFIC DOWN WALNUT GROVE ROAD . NOBODY

[01:40:05]

KNOWS IT BETTER THAN MR. FRIEDMAN WHO LIVES ON THAT ROAD. I REMEMBER US DISCUSSING BACK WHEN YOU WERE INVOLVED THE NEIGHBORHOOD CONCEPT THAT KEPT PEOPLE FROM DOWNTOWN. WE ARE COMING IN HERE WITH A NEW CITY HALL AND BUILDINGS OVER HERE THAT WERE DEVELOPED. THE PARKING IS NOT SUFFICIENT AND YOU ARE WORKING HARD TO GET IT THERE THAT WILL KEEP A LOT OF THE TRAFFIC OUT OF DOWN HERE WHERE THEY CANNOT GROCERIES AND THINGS DOWN THERE. THEY CAN COME TO THE LIBRARY AND THE CITY HALL AND I JUST WISH YOU WOULD TAKE THAT INTO CONSIDERATION. WE APPRECIATE YOU.

>> THANK YOU. COULD THE APPLICANT TRAFFIC PERSON COME BACK UP FOR A MINUTE? I HAVE ONE QUESTION. ACTUALLY, THE QUESTION WAS POSED BY THE PUBLIC. WHEN YOU GOT YOUR TIA DID YOU TAKE INTO CONSIDERATION THE CONSTRUCTION OF THE

DEVELOPMENT ON MOCKINGBIRD? >> WE DID A 3 1/2% GROWTH RATE BUT WE DID INCLUDE A BACKGROUND STUDY .

>> DOES ANYBODY HAVE QUESTIONS?

>> JUST TO VALIDATE THAT, USING A COEFFICIENT OF THREE AND HALF %, IS THAT A FAIR NUMBER BASED ON THE EXPERIENCE

THAT WE HAVE HAD? >> I KNOW MIKE AND I HAVE TALKED ABOUT IT AND IT STILL SOUNDS LIKE AN ASSUMPTION.

MAYBE MIKE WANTS TO SAY MORE ABOUT THAT NUMBER.

>> IT IS FUTURE IMPACT ANALYSIS BASED ON PREDICTIVE ALGORITHMS BUT WHAT I AM ASKING IS BASED ON ACTUAL EXPERIENCE OVER THE LAST DECADE THAT WE HAVE DATA FOR. DOES THIS LIVE IN THE REALM OF REASON OR IS IT THE REALM OF FANTASY?

>> THREE AND HALF %? >> YES. SOME SAY 2% BUT 3 1/2% IS -- BUT 3 1/2% IS NOT A BAD NUMBER TO GO BUT WE DON'T KNOW WHAT WILL HAPPEN WHEN WE START LOOKING AT

ADDITIONAL PHASES. >> SO IT IS IN THE MIDDLE OF THE RANGE BUT IT COULD BE HIGHER OR LOWER?

>> YES. WE HAVE SEEN 2% UP TO 5% .

>> WE ARE ON THE LEVEL WITH A BUBBLE IN THE MIDDLE.

>> -- THAT'S HOW WE CAME TO THE 3 1/2%.

>> FOR CLARIFICATION I HAVE TWO OTHER FORMS APPEAR. BRANDY ESCALANTE , ARE YOU HERE? ARE YOU A NON-SPEAKER? DID I HEAR

A YES? >> SHE IS NOT HERE.

>> I ASSUME IT IS ON THIS CASE. DEBORAH ROURKE ? OKAY, I DON'T HAVE A MARKER ON HERE. CAN YOU TELL ME, IS THAT APPLE

LANE? >> YES.

>> THAT IS ALL OF THE FORMS. I AM GLAD WE COVERED EVERYBODY.

STAFF, DO YOU HAVE ANYTHING ELSE AT THIS TIME THAT YOU WANT

TO BRING UP? >> I DON'T HAVE ANYTHING ELSE.

ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

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

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. THOSE IN FAVOR?

>> AYE. >> OPPOSED? THE MOTION PASSES.

>> I REMEMBER WHEN 1387 AND -- WAS A HAIRPIN CURVE WITH STOP SIGNS AND YOU LITERALLY PLAYED CHICKEN TRYING TO GET ACROSS THE ROAD. TRAFFIC HAS BEEN A CONCERN IN THAT CORRIDOR SINCE I WAS BORN IN THIS COMMUNITY AND IT WILL BE A CONCERN UNTIL I GO HOME TO BE WITH JESUS BECAUSE YOU HAVE TWO MAJOR THOROUGHFARES THAT INTERSECT RIGHT THERE AND HAVE BEEN PLANNED THAT WAY SINCE MY GRANDFATHERS TIME. I DON'T SAY THAT LIGHTLY BECAUSE THAT IS LITERALLY HOME FOR ME WHERE I GREW UP. I AM VERY FAMILIAR WITH THIS BUT TRAFFIC IN THIS AREA IS A --. THE TRAFFIC IS THERE AND THE PROPERTY IS

[01:45:08]

ALREADY ZONED FOR RETAIL USE THAT WILL INCREASE TRAFFIC INHERENTLY. IT IS NOT UNIQUE TO A GROCERY STORE OR STORAGE OR A GAS STATION. THOSE ARE USES THAT ARE ALREADY CONTEMPLATED WITH SUP ON THIS SITE. I DO HAVE RESERVATIONS ABOUT DRIVE-THROUGH NEWS AND WHEREVER YOU MAY WANT TO THROW THEM. THAT CAN CREATE HUGE STACKING AND TRAFFIC NIGHTMARES AS IT RELATES TO INGRESS AND EGRESS. I AM FINE WITH -- THAT I THINK ANYTHING ELSE NEEDS TO COME BACK AND BE LOOKED AT VERY STRENUOUSLY BEFORE WE SAY, LET'S PUT A

DRIVE-THROUGH IN THEIR. >> I HAVE BEEN INVOLVED WITH CITY PLANNING FOR 25 YEARS IN THIS CITY AND ONE THING WE CONSTANTLY FOCUS ON IS COMMUNITY INPUT . WHEN I SAT DOWN AND LOOKED AT THE MAP OF MIDLOTHIAN , I THINK HIGH SCHOOLS, PARTICULARLY WITH TEXAS FOOTBALL, ARE THE HEART OF THE COMMUNITY. WHEN I LOOK AT THE MAP , THE HERITAGE HIGH SCHOOL NEIGHBORHOOD HAS NO GROCERY STORES. THEY HAVE GAS STATIONS OUT ALONG THE 67 AND 287. IT HAS ONE COFFEE SHOP AND ONE TACO SHOP BY THE INDUSTRIAL PARK, IF I AM LOOKING AT THE MAP RATE. WHEN I LOOK AT MIDLOTHIAN , THEY HAVE 10 GROCERY STORES, DOZENS OF RESTAURANTS, DOZENS OF GAS STATIONS, THEY HAVE STORES AND RETAIL. PART OF THE PROBLEM WITH THE TRAFFIC IS THERE A ROOFTOPS IN SCHOOLS THAT IS WHAT I WILL CALL. WHEN YOU DRIVE DOWN THE ROAD, EVERY TAX DOLLAR IS GOING TO BUILD GROCERY STORES AND THE KROGER THAT GENERATES TAX MONEY AND THAT IS GOING TO DOWNTOWN MIDLOTHIAN. YOU ARE LOOKING AT AN $80 MILLION PROJECT THAT WILL GENERATE TAX REVENUE IN THAT NEIGHBORHOOD AND THE PROBLEM WITH CITY PLANNING IS ROOFTOPS AND RESIDENTS, THEY PAY PEOPLE THAT WORK AT THE SCHOOL AND SCHOOL TAXES BUT IT DOES NOT GENERATE THE KIND OF OVERFLOW WHERE YOU NEED THESE BIG WIDE ROADS. BUT YOU ARE STILL LIKE RESIDENCE SO WE ARE NOT SEEING THOSE BIG ROADS. WE CANNOT WAIT FOR THE INFRASTRUCTURE TO BE BUILT. YOU NEED TO HAVE THE BUSINESSES AND THE MONEY SPENT IN YOUR NEIGHBORHOOD TO GENERATE THOSE THINGS AND THOSE AMENITIES. DOES THAT COME WITH TRAFFIC? YES BUT IT COMES WITH SERVICES. IF I WAS A DEVELOPER LOOKING AT THIS MAP FROM A CITY PLANNING STANDPOINT, YOU HAVE MIDDLE SCHOOLS, YOU HAVE A HIGH SCHOOL TO THE WEST WITH LIGHTS. THERE IS NO MORE LIGHT POLLUTION. YOU HAVE GOT THE TRAFFIC. THE CITY IS PAYING FOR A MIDDLE SCHOOL FOOTBALL FIELD. WE ARE FUNDING ONE AND I KNOW THEY ARE PLAYING THERE

AND THEY HAVE TO HAVE LIGHTS. >>

>> AND THAT FORREST WON'T BE THERE FOREVER. BUT THIS IS THE IDEAL LOCATION FOR COMMUNITY RETAIL. I AM IN FAVOR OF LETTING THE DEVELOPER DECIDE HOW MANY DRIVE THERE'S THEY NEED WITH THE CHANGES THAT WE HAVE SEEN WITH TRAFFIC AND THE WAY PEOPLE THAT -- THE WAY THAT PEOPLE BUY AND SHOP. I WOULD SUPPORTED IS PRESENTED BY THE APPLICANT.

>> OTHER COMMENTS? >> STAFF, WHEN WAS THIS ZONED

? >> 2017. THE ORIGINAL PD,

IN 2017. >> WHAT PEOPLE UNDERSTOOD AT

THE TIME, >> CAN YOU GO BACK TO THE SLIDE , IF IT IS APPROVED, WHAT WOULD YOU PREFER TO SEE? DO YOU WANT A QUICK CURSORY REVIEW.

[01:50:05]

>> THE PROPERTY OWNERS ASSOCIATION, IN THE CODE THERE IS A DETENTION RETENTION POND THAT SOMETIMES HAS WATER IN IT AND SOMETIMES IT DOES NOT. IS THERE A HOMEOWNERS ASSOCIATION

THAT MAINTAINS THAT? >> YES. THERE IS.

THAT. >> IS THERE ANYTHING ON THEIR ABOVE THAT. IS THERE ANYTHING ON THEIR THEY HAVE AND AGREED

TO? >> WE KIND OF TALKED TO -- THEY HAVE NOT AGREED TO GIVE THE PERIMETER AND THE LANDSCAPING COMING IN AT THE SAME TIME. PRIOR TO THE FIRST BUILDING PERMIT BEING ISSUED . THE IDEA IS TO HAVE A COHESIVE SENSE OF DEVELOPMENT. FROM MY PERSPECTIVE, SOME CITIES ASK FOR EVEN MORE THAN THAT. TO ME, YOU WANT TO CONSISTENT GROWTH RATE OF TREES. BUT A MORE NOVEL IDEA IS THIS IDEA OF NOT HAVING THE PARKING BETWEEN THE BUILDINGS AND THE ROAD ON WALNUT GROVE AND THE THINKING THERE IS TO TRY TO GET A SENSE OF THE TRANSITION TO RESIDENTIAL. IN THEIR PLAN THEY HAVE GONE IN THAT DIRECTION . --

>> SO WHERE IS THE PARKING? >> AND THESE ARE UNKNOWN. THE BUILDINGS UPFRONT, AGAIN, THE IDEA WOULD BE THIS GIVES YOU A SENSE OF TRANSITION BUT OBVIOUSLY, EVEN WITH THE SAME RIGHT AWAY, THIS WILL HAVE A COMMERCIAL FEEL SO WE HAVE THIS PARKING LOT HERE AND CONVENIENCE STORE THERE'S SO THIS WILL ALREADY HAVE THAT COMMERCIAL FEEL. WHERE THIS CAN JUST GET A SENSE OF DECOMPRESSION IS YOU GO. YOU CAN SEE, THIS IS 65 FEET OF PAVEMENT OFF OF THERE AND IT IS JUST A DIFFERENT AESTHETIC.

>> SO, THE BUILDINGS THAT ARE DIRECTLY SOUTH OF HAWKINS RUN, THE FRONT OF THOSE IS 65 FEET BACK.

>> I DO NOT KNOW. >> THAT IS TWO LANES OF PARKING AND IT WAS INTENTIONALLY DONE AT RESIDENTIAL SCALE WHEN IT WAS DEVELOPED TO ACT AS A TRUE TRANSITION BETWEEN THE COMMERCIAL USE AND THE SINGLE-FAMILY RESIDENTIAL WAS GENERAL PROFESSIONAL . TO ME IT HAS MORE TO DO WITH THE USE THAN THE LOCATION OF THE BUILDING SO THERE IS STILL SOME THINGS THAT NEED TO BE CONSIDERED.

>> THE INTENSITY OF THIS IS ELEVATED. YOU'RE DOING

COMMUNITY RETAIL PLUS. >> I CAN UNDERSTAND WHERE YOUR

ARGUMENT AS. >> OKAY.

>> OTHER QUESTIONS? WHAT IS THE PLEASURE OF THE COMMISSION? QUESTION FOR STAFF. THE RECOMMENDED CHANGE TO 330 FOOT SPACING BETWEEN THE DRIVES, IS THAT TO MAKE IT CONFORM TO THE LETTER OF THE RULE OR IS THERE AN ACTUAL PERCEIVED HARM THAT WILL MITIGATE PUTTING THAT DRIVE CLOSER TO THE INTERSECTION OF FM 1387 AND WALNUT GROVE ROAD?

>> IT IS TO PUT IT IN COMPLIANCE. IT IS ABOUT 50 FEET

SHORT. >> AND KNOWING THAT THERE IS

[01:55:03]

ALREADY SOME CUEING ISSUES, IS THERE NOT SOME BENEFIT TO HAVING THAT DRIVE-IN A BIT FURTHER FROM THE LIGHT? SO YOU DON'T HAVE THE SLOWDOWN OF TRAFFIC?

>> RIGHT NOW, WALNUT GROVE ROAD IS NOT DIVIDED. YOU WANT TO DO WHAT YOU CAN TO MAKE SURE THERE ARE NOT TURNING CONFLICTS. LONG-TERM AND THE REASON FOR THE NORTHERN DRIVE IS TO MATCH WITH WHAT IS ON THE OTHER SIDE WITH THE CHURCH BECAUSE AT SOME POINT WHEN THAT BECOMES A FOUR LANE OR SIX LANE DIVIDED, -- SO THAT NORTHERN WOULD BE MEETING AND FURTHER SOUTHERN IT WOULD BE A WRITE IN AND A RIGHT OUT IF

THE LANES ARE IMPROVED. >> SO RIGHT NOW IT MAKES A BIG DIFFERENCE BUT WHEN WALNUT GROVE IS FOUR LANE DIVIDED IT DOES NOT MAKE AS BIG OF A DEAL.

>> RIGHT. >> WHAT IS THE SCHEDULE ON

WALNUT GROVE ROAD? >> WHICH ONE? SOUTH OR NORTH?

>> WE ARE LOOKING AT THE 2021 BOND THROUGH THE CITIZENS GROUP AND IT DID NOT MAKE THAT SHORT LIST. IT IS NOT ON THE LIST RIGHT NOW IS BEING APPROVED. -- AS BEING

APPROVED. >> OTHER QUESTIONS? I WOULD

ENTERTAIN A MOTION. >> THE ONLY OTHER COMMENT I HAVE FOR THE COMMISSION IS THERE ARE A LOT OF MOVING PARTS. WHEN THE QT CAME IN I WAS HERE FOR THAT AND IT WAS RIGHT AT AN INTERSECTION AND THEY SWORE TO US THEY WOULD NOT SELL A GALLON OF GAS WITHOUT A SIGN FOR THE PRICE OF GAS. I DO HAVE CONCERNS ABOUT A 15 FOOT TALL GAS PRICING SIGN. I THINK, THE MAIN ANCHOR SIGN, 15 FOOT TALL, I AM OKAY WITH THAT IF QT CAN SELL GAS WITHOUT THAT I BIT THIS PLACE CAN TOO CONSIDERING THEY HAVE NO COMPETITION WITHIN A TWO-MILE RADIUS. NOBODY CARES HOW MUCH IT COSTS. THAT IS A CONVENIENCE FACTOR. I THINK SIGNAGE IS WERE I WOULD LIKE TO SEE, IF WE ARE TALKING ABOUT KEEPING A RESIDENTIAL TRANSITION SOFTENING. THE SHORTER THE SIGNS ARE THE LESS I FEEL LIKE I AM IN A KROGER DEVELOPMENT. I WOULD BE OPPOSED TO THAT SIGN EXCEEDING THE HEIGHT.

>> WHAT WOULD YOU SUGGEST THE MAXIMUM SIGN IS? 15 FEET IS THE

MAXIMUM? >> YES.

>> I WILL MAKE A MOTION TO APPROVE THE CHANGES PROPOSED BY STAFF AND LIMIT THE HEIGHT OF THE MAIN SIGN TO 15 FEET AND ANY OTHER SIGNS , 10 FEET .

>> SECOND . >> I WOULD LIKE TO ADD TO THAT.

AMENDMENT X >> I WOULD LIKE TO MAKE A

FRIENDLY AMENDMENT . >> WITH EIGHT SPACES OR SIX?

>> EIGHT SPACES AS THE APPLICANT AGREED.

>> I WILL ACCEPT THAT AS A FRIENDLY AMENDMENT AND MOVE.

>> SECOND. >>

FAVOR, AYE . >> AYE.

>> OPPOSED? ATTENTION , WE WILL GET STARTED BACK UP HERE. WE ARE MOVING

[008 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of +/- 4.486 acres of land being Lot 43, Block M of M Brenan, respectively and commonly known as 1141 Apple Court, and by changing the zoning from Agricultural (A) District to an Urban Village Planned Development (UVPD) District for construction of one additional residential dwelling. (Z03-2024-10)]

[02:00:06]

AROUND A BIT ON THE AGENDA. I AM GOING TO MOVE TO ITEM EIGHT. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF +/- 4.486 ACRES OF LAND BEING LOT 43, BLOCK M OF M BRENAN, RESPECTIVELY AND COMMONLY KNOWN AS 1141 APPLE COURT, AND BY CHANGING THE ZONING FROM AGRICULTURAL DISTRICT TO AN URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF ONE ADDITIONAL RESIDENTIAL DWELLING.

>> THANK YOU. AS MENTIONED, THIS IS FOR 1141 APPLE COURT AND THE REQUEST IS TO CHANGE THE ZONING FROM AGRICULTURAL TO A UVPD TO ADD ONE ADDITIONAL DWELLING UNIT AND SPLIT THE LOT IN TWO. THIS IS THE LOCATION MAP. THERE IS ONE EXISTING HOME ON THE PROPERTY RIGHT NOW AND THAT EXISTING HOME IS ABOUT 1292 SQUARE FEET. THE APPLICANT WOULD LIKE TO SPLIT THE PROPERTY INTO TWO LOTS AND BOTH WILL BE 2 PLUS ACRES.

THEY ARE ASKING FOR A BASE OF SINGLE-FAMILY ONE AND THEY WILL MEET THOSE REGULATIONS EXCEPT FOR ONE, WHICH IS THE MINIMUM HOUSE SIZE. CURRENTLY THE MINIMUM IS 2400 BUT THEY ARE BUILDING A HOME IN 1800 FEET. THIS IS THE SITE LAYOUT THAT IS PROPOSED BY THE APPLICANT. YOU CAN SEE THE NEW PROPOSED DWELLING WILL BE ABOUT 1800 SQUARE FEET AND THE EXISTING DWELLING IS 1292. TWO BROTHERS HAVE INVESTED IN THIS PROPERTY AND THEY'RE PROPOSING THAT ONE BROTHER LIVE IN THE EXISTING HOME AND THE OTHER BROTHER WILL MOVE INTO THE SECOND HOME AS WELL AS THEIR ELDERLY MOTHER . BOTH OF THEM WILL HELP WITH HER CARE. THESE ARE THE PROPOSED RENDERINGS FOR THE NEW DWELLING ON THE SECOND LOT. AGAIN IT WOULD BE ABOUT 1800 SQUARE FEET. AS YOU CAN SEE IN THE CHART, THE SINGLE-FAMILY ONE BASE STANDARD IS ONE STEP DOWN FROM AGRICULTURAL. THEY WILL BE MEETING ALL OF THOSE REQUIREMENTS WITH THE PROPOSED UVPD EXCEPT FOR THE MINIMUM HOUSE SIZE. THEY ARE REQUESTING 1800 AND THE MINIMUM IS 2200. I WANT TO POINT OUT A FEW THINGS. AS FAR AS THE MINIMUM HOUSE SIZE, THIS IS APPLE COURT CURRENTLY AND TO EIGHT OF THE 14 HOMES ON THIS STREET CURRENTLY DO NOT MEET THE 2400 SQUARE FOOT MINIMUM HOUSE SIZE . THIS AREA WAS ANNEXED SO A LOT OF THESE ARE LEGAL NONCONFORMING AND THE PROPOSED DWELLING WOULD BE LARGER THAN THE OTHER EIGHT BETTER NONCONFORMING . FIVE OF THE 14 LOTS DO NOT MEET THE REQUIREMENTS FOR MINIMUM LOT SIZE. CURRENT LOT SIZE IS FOUR ACRES BUT FIVE OF THOSE DON'T QUITE MEET THAT. AS OF ABOUT 4:30 PM TODAY I HAVE RECEIVED ONE LETTER OF OPPOSITION AND ONE LETTER OF SUPPORT THAT WAS IN THE 200 FEET BUFFER. I ALSO RECEIVED ANOTHER LETTER OF OPPOSITION OUTSIDE OF THE 200 FOOT BUFFER BUT I UNDERSTAND THERE ARE MORE THAT HAVE COME IN DURING THIS MEETING. STAFF DOES RECOMMEND APPROVAL OF THIS CHANGE. WITH THIS BEING A COUNTRY MODULE IT IS MAINTAINING A MINIMUM OF 1-3 ACRES AND THE APPLICANT PROPOSES TO DO THAT AND THEY PROPOSE TO MEET ALL OF THE REGULATIONS OF THE ZONING ONE DISTRICT EXCEPT FOR THE HOUSE SIZE WHICH IS CONSISTENT WITH WHAT IS IN THE AREA. I WILL

STAND FOR ANY QUESTIONS NOW. >> HOW MANY PROPERTIES OUTSIDE OF THE LOOP HAVE WE DONE THE UVPD ON?

>> SEVERAL. >> CONSIDERING THAT THE PURPOSE OF THE URBAN VILLAGE PLANNED DEVELOPMENT, IT WAS FOR REDEVELOPMENT INSIDE OF THE LOOP AND PROPERTIES THAT WERE NONCONFORMING AND NEEDED SPECIAL CONSIDERATION, I HAVE SERIOUS CONCERNS AND STAFF, CORRECT ME IF I AM WRONG, IF WE

[02:05:02]

START APPLYING THAT ACROSS THE CITY IT MEANS THAT WE JUST HAVE CONTRACT ZONING AND WE TAKE A DISTRICT THAT WE LIKE SOMEWHAT BUT NOT ALL OF AND WE SAY, WE WILL USE A UVPD AND MAKE IT SOMETHING NEW. THAT IS MY CONCERN. I THINK SM-1

MAKES SENSE. >> WHAT I CAN TELL YOU IS THAT WITH OUR UVPD'S, THE WAY THE ZONING ORDINANCE IS, IT ONLY HAS TO MEET ONE OF THE CRITERIA LISTED IN ONE CRITERIA IS THAT IT IS IN A CERTAIN AREA OF DOWNTOWN BUT THERE IS OTHER CRITERIA IT COULD MEET.

>> LESLIE, IN THIS CASE, WHERE THERE ARE SOME CHALLENGES TO

--? >> THIS CAME IN ORIGINALLY AS A SPECIFIC USE PERMIT. THEY WOULD HAVE BEEN ASKING FOR SEVERAL VARIANCES WITHIN THAT. IT DOESN'T MEET THE IDEA OF A SECONDARY DWELLING AND OBVIOUSLY, 50% OF THE PRIMARY DWELLING THEY WOULD BE LOOKING AT 600 SQUARE FEET PER FAMILY PLUS THE ELDERLY MOTHER. SEPARATE UTILITIES, THEY WERE WILLING TO NOT SPLIT THE LOT AND STAY ON THE SAME LOT AND DO A SECONDARY DWELLING THAT, AGAIN, THE ARCHITECTURAL STYLE OF A SECOND HOME WOULD BE VERY DIFFERENT THAN THE ONE THAT IS THERE NOW. SO STAFF DID RECOMMEND THAT .

>> REFRESH MY MEMORY. I KNOW THIS PROPERTY HAS BEEN BEFORE US IN THE PAST. AND THEY WERE ASKING BASICALLY FOR THE SAME THING. CAN ANYBODY REMEMBER THAT?

>> THIS WAS NOT THE PROPERTY.

>> THERE WAS ONE THAT WAS LIKE SIX ACRES PLUS .

>> SO, WE ARE NOT TALKING THE SAME. OKAY. SAME PRINCIPAL?

>> THIS WILL ONLY BE SPLIT INTO TWO LOTS, TWO ACRES EACH.

>> ANY OTHER QUESTIONS? OKAY . DOES THE APPLICANT WISH TO

SPEAK? >> THERE IS A REPRESENTATIVE HERE FOR THE APPLICANT IF YOU HAVE PACIFIC QUESTIONS FOR HER.

SOME CITIZEN PARTICIPATION. WE YOU PLEASE

>> MY NAME IS A DONNA WINDSOR AND I LIVE ON APPLE COURT. WE HAVE 9 1/2 ACRES AND OF THAT 9 1/2 ACRES I WANT TO SAY THAT WE ORIGINALLY, MY DAUGHTER WANTED TO COME LIVE NEXT TO ME. SHE WANTS TO BE THERE TO TAKE CARE OF US WHEN WE GET OLDER. SO I CAME TO THE CITY TO ASK WHAT WE NEEDED TO DO AND THEY SAID, WE HAD TO HAVE FOUR ACRES SO WE SPLIT IT UP. IN OUR NEIGHBORHOOD, THREE HOUSES WERE BUILT AND ALL FALL INTO AGRICULTURE. MY CONCERN IS, IF THIS IS GOING TO OPEN UP A CAN OF WORMS BECAUSE HE WAS TALKING ABOUT SPLITTING IT INTO ONE ACRE LOTS IN THIS IS WHAT WE DON'T WANT. OUR STREETS ARE APPLE COURT AND APPLE LANE AND WE HAVE ONE WAY IN AND ONE WAY OUT. IF WE HAVE AN EMERGENCY TO GET OUT, WE ARE GOING TO HAVE A VERY DIFFICULT TIME. THEY HAVE A LOT OF TRAFFIC.

WHOLE -- WHAT WILL HAPPEN IN THE FUTURE? THANK YOU FOR YOUR SERVICE. BECAUSE I'M EXHAUSTED JUST SITTING HERE LISTENING.

>> OKAY . IS IT -- TINA ? >> PLEASE IDENTIFY YOURSELF.

[02:10:07]

>> I LIVE ON APPLE COURT AND I HAVE A COUPLE OF QUICK THINGS.

THERE IS ALREADY A CONCESSION FROM 2400 UP TO 2200. THERE WAS SOME OF THE STUFF THAT WE DID NOT SEE BUT THE EIGHT -- MOST OF THE HOUSES, THESE ARE HOUSES THAT HAVE BEEN THERE SINCE THE 70S. -- WERE ACTUALLY FAMILY PROPERTIES.

TECHNICALLY, AND THIS HAPPENED WAY BEFORE THE ANNEXATION.

ALSO, THE COMPARISON PLAN THAT I LOOKED AT, THEY SAY TWO OR THREE ACRES IS COMPARABLE TO THOSE TO THE NORTH. BUT THAT IS A SEPARATE NEIGHBORHOOD AND THEY DON'T ACCESS OUR AREA.

THIS IS ON A DIFFERENT SIDE THOUGH. WE BACK UP TO THE CONCRETE LINE WE HAVE ONE WAY IN AND ONE WAY OUT. I THINK WE HAVE ONE STREETLIGHT A COUPLE OF YEARS AGO. A LOT OF THIS IS JUST CONTINUOUS, WE KEEP GETTING ASKED TO DO THIS STUFF.

WE DON'T HAVE A NEIGHBORHOOD AREA. WE DON'T HAVE ACCESS TO CITY SEWER WE JUST DON'T HAVE ALL OF THE BENEFITS OF THAT SO I AM AFRAID IF WE START BREAKING THESE UP, WE WILL

CONTINUE TO BREAK THINGS UP. >> THANK YOU. JOSÉ SANDOVAL.

SHOWN AS A NON-SPEAKER, OPPOSED. DEBORAH ROURKE .

DAVID AND SUSAN SHORT. ARE THEY HERE? I SHOW THEM AS NON-SPEAKERS IN FAVOR. DID I MISS ANYBODY? OKAY. ALL RIGHT . IF THERE IS NO FURTHER INPUT I WILL ENTERTAIN A MOTION

TO CLOSE THE PUBLIC HEARING. >> I MOVED TO CLOSE THE PUBLIC

HEARING. >> WE HAVE A MOTION AND A SECOND. THOSE IN FAVOR SAY AYE.

>> AYE. >> OPPOSED? HEARING NONE, ANY

DISCUSSION. >> I DON'T THINK -- IS A GOOD IDEA. IT IS A TOOL THAT IS BEING USED. THESE PEOPLE COME IN AND THEY PUT IN SIDEWALKS AND TRY TO MAKE IT LOOK URBAN. I THINK IT IS OUT OF CHARACTER WITH THE NEIGHBORHOOD. WE HAVE BEEN DOWN THIS ROAD BEFORE AND THESE ARE AG PROPERTIES AND AS I RECALL, THE COUNCIL TOOK

THE LAST ONE. >> I AGREE COMPLETELY. I DON'T KNOW IF CHAIRMAN YOU WANT TO REQUEST THIS BUT I WOULD LOVE TO DIRECT STAFF TO TAKE A HARD LOOK AT THE UVPD LANGUAGE TO LIMITED TO AN URBAN VILLAGE AREA. WHILE THIS TOOL IS ALLOWED TO BE USED AND I DON'T FAULT THE STAFF OR THE APPLICANT FOR THAT, THE PROBLEM IN MY OPINION IS WITH THE REGULATION. IT NEVER SHOULD HAVE BEEN AN ARROW IN THE QUIVER. I HIGHLY RESPECT THAT AND COMMEND THAT KIND OF

INGENUITY. >> WE DON'T HAVE URBAN VILLAGES PER SE BUT WE CAN CERTAINLY LOOK AT THE UVPD LANGUAGE TO SEE HOW IT IS APPLICABLE AND THEN CHANGES , EITHER THE CHAIR CAN REQUEST OR YOU CAN TAKE A VOTE.

>> ANY OPPOSITION FROM ANY OF THE COMMISSIONERS. YOU CAN BRING YOUR FINDINGS BACK TO THE COMMISSION.

>> IF YOU DON'T MIND I HAVE ONE FURTHER QUESTION. WOULD YOU BE OPEN TO THIS COMING BACK AS POSSIBLY AN SUP WITH

[02:15:10]

VARIANCES? >> I THINK I WOULD BE MORE AMENDABLE TO THAT. IS YOUR HEARD FROM SEVERAL RESIDENTS, SOME OF THESE WERE MULTIUNIT FAMILY THINGS THAT THAT HAVE BEEN BROKEN UP. I THINK THE CONCEPT OF WE WANT A PLACE HERE THAT IS FOR OUR FAMILY, FOR OUR MOTHER, AND THAT KIND OF THING WITH THIS IS VERY DIFFERENT THAN GOING FORWARD.

I WOULD BE A A LOT MORE AMENDABLE TO THAT AND , IS WHAT SF 1 IS NOW. IT USED TO BE TWO ACRE AG . I DON'T HAVE A LOT OF -- THERE EITHER BUT I WOULD HIGHLY PREFER, MY PERSONAL OPINION, THE SUP WITH VARIANCES BECAUSE I THINK IT IS MORE IN CHARACTER FOR THIS NEIGHBORHOOD .

>> OTHER COMMENTS? >> I WOULD JUST BE CAREFUL WHEN WE START SUBDIVIDING AG PROPERTY BECAUSE WE'RE NOT IMPROVING THE INFRASTRUCTURE. WE JUST HEARD ABOUT HOUSES GOING IN WERE INFRASTRUCTURE IS NOT APPROVED. THE MORE WE DIVIDE UP THESE LITTLE PLACES, PEOPLE -- WITH SIDEWALKS AND LIKE THAT . INCIDENT THESE PEOPLE BUYING TWO ACRES HERE.

KEEPING THE AG AREAS AG AREAS.

>> I AM OPEN FOR MOTION. >> I MAKE A MOTION TO DENY.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO DENY. WE WILL GO BACK TO THE BEGINNING NOW.

[006 Consider and act upon a request for a Waiver from section 13.03.003 “Utilities” of the Code of Ordinances from having to connect to the sanity sewer system and a special exception from the Subdivision Ordinance from Section 6.16 “Improvement Standards and Requirements” pertaining to the use of an alternative paving material for a drop yard, being +/-30.535 acres of land, situated in the MEP and P Railroad Company Survey, Abstract 758. The property is commonly known as 1800 Dove Lane. (M02-2024-10)]

ITEM 6, CONSIDER AND TO ACT ON A REQUEST FOR A WAIVER FROM SECTION 13.03.003 "UTILITIES" OF THE CODE OF ORDINANCES FROM HAVING TO CONNECT TO THE SANITARY SEWER SYSTEM AND A SPECIAL EXCEPTION FROM THE SUBDIVISION ORDINANCE FROM SECTION 6.16 "IMPROVEMENT STANDARDS AND REQUIREMENTS" PERTAINING TO THE USE OF AN ALTERNATIVE PAVING MATERIAL FOR A DROP YARD, BEING +/-30.535 ACRES OF LAND, SITUATED IN THE MEP AND P RAILROAD COMPANY SURVEY, ABSTRACT 758. THE PROPERTY IS COMMONLY KNOWN AS 1800 DOVE

LANE. >> WITH THIS REQUEST, THEY ARE LOOKING TO DO A DROP YARD STORAGE AND THE USE IS ALLOWED AND WE ARE NOT CHANGING ZONING SO THIS IS NOT A ZONING CHANGE OR AN AMENDMENT. WE HAVE WORKED WITH THEM PRETTY CLOSELY TO MAKE SURE THAT ALL THEY HAVE LEFT TO SORT OUT IS THE ISSUE ABOUT THE CONCRETE AS OPPOSED TO GRAVEL AND THEN A SEPTIC WAIVER . THE EASIER ONE FIRST WOULD BE THE SEPTIC. THEY HAVE A BREAK ROOM OFFICE BUILDING AND IT IS BASICALLY -- WHILE THE PROPERTY ITSELF THAT THIS IS ON IS ADJACENT TO A SEWER LINE. THE BUILDING IS A MILE AWAY THOUGH. STAFF SUPPORTS THAT REQUEST. THAT IS RELATIVELY EASY. NOW, THE TOTAL SITE HERE IS 30 ACRES. THEY ARE FOCUSED ON THIS FIRST CHUNK. THE SHOWS YOU WHERE THINGS WOULD BE STORED. IN THIS REQUEST, YOU WOULD BE APPROVING FOR THEM TO DO THE GRAVEL PARKING WITH -- KIND OF LIKE WHAT WAS APPROVED THE OTHER MONTH FOR THE WHOLE 30 ACRES SO YOU HAVE SOME

[02:20:03]

LANDSCAPING AND THERE WILL BE THERE WILL BE RIGHT-OF-WAY DEDICATION AND THERE WILL BE CONCRETE WORK AND FIRE LANES THAT STILL HAVE TO GO IN. IT WOULD NOT BE ENTIRELY BUT IT WILL BE A LOT. -- WAS CLOSE TO 20 ACRES PLUS ALL OF THE ACCESS ROADS SO, YOU HAVE GOT A RECENT CASE WHERE ALLOWING FOR GRAVEL HAS OCCURRED BEFORE . THIS IS ZONED HEAVY INDUSTRIAL BY THE QUARRY AND FOR OPERATIONS. MY UNDERSTANDING IS THERE IS CONCERN ABOUT -- LET ME SEE IF I CAN GET A BETTER IMAGE -- THERE ARE CONCERNS ABOUT HOW THE TRAFFIC IS GOING SO THIS MIGHT MITIGATE SOME OF THE TRUCK TRAFFIC AND THE CUEING SO PEOPLE CAN GET OFF THE ROAD FASTER. THE APPLICANT IS HERE TONIGHT . I DON'T HAVE A WHOLE LOT MORE TO SAY ABOUT IT. BUT THEY CAN ANSWER SOME QUESTIONS.

>> SO THE DRIVE LANES WILL BE PAVED WITH CONCRETE AND ONLY THE PARKING AREA -- AND WHERE WE SAY DROP YARD, THEY ARE

DROPPING TRAILERS? >> YES.

>> WHAT WE HAD AT -- WAS MATERIAL STORAGE.

>> RIGHT .

WHEN THEY'RE HERE OR EMPTY WHEN THEY'RE HERE?

>> I'LL LET THE APPLICANT SPEAK TO THE ARE GOING TO BE DRAGGING FULLY LADEN OR EMPTY TRAILERS X WHAT ARE WE ACTUALLY PARKING ON. TOPCOAT GRAVEL, IS IT PARKING.

>> LOTS OF GRAVEL IN THE MANEUVERING. THIS KIND OF -- THIS AREA ROUGHLY HERE WOULD BE AT MINIMUM CONCRETE WORK DEPENDING ON FIRE CODE THEY MAY NEED A LITTLE BIT MORE FOR, YOU KNOW, FOR THE PURPOSE OF THE FIRE TRUCK BEING ABLE TO MANEUVER AND SAFELY TURN AROUND AND BACK OUT, THINGS LIKE THAT.

>> PRETEND I'M COLOR BLIND, CAN'T SEE THAT DOT. CAN YOU GO

POINT TO -- LIKE USE THE STICK. >> I GET TO USE IT FINALLY.

>> WHERE'S CONCRETE AND WHERE'S GRAVEL AS IT'S

PRESENTED. >> OKAY, SO CONCRETE OVER HERE.

I'M JUST SAYING REALISTICALLY WE'LL PROBABLY HAVE TO GO OUT MORE FOR FIRE CODE. AGAIN, THIS IS TO HELP UNDERSTAND. WE'RE NOT APPROVING THIS PART, ONLY APPROVING THAT THEY HAVE TO

COMPLY WITH -- >> SO WHEN WE SAY DRIVE LANE, WE MEAN THE DRIVEWAY, NOT THE DRIVE INTERNALLY IN THE SITE.

>> CORRECT. >> OKAY, THAT HELPS ME

UNDERSTAND A LOT. PERFECT. >> SORRY ABOUT THAT.

>> OKAY, AM I UNDERSTANDING THE RECOMMENDATION CORRECTLY? STAFF

RECOMMENDS DENIAL. >> DENIAL FOR GRAVEL BUT APPROVAL FOR THE SEPTIC. ANY QUESTIONS, STAFF? OKAY. DOES

THE APPLICANT WISH TO SPEAK? >> IF YOU WOULD COME UP,

IDENTIFY YOURSELF. >> THANK YOU, MR. CHAIRMAN, MEMBERS OF THE COMMISSION. MY NAME'S RAY, 201 MAIN STREET, 76102, REPRESENTING THE APPLICANT HERE TODAY. AGAIN, THE FLEX-BASED MATERIAL AND INSTALLATION THAT YOU'RE LOOK AT HERE TONIGHT, THAT WAS APPROVED, WILL ESSENTIALLY BE INSTALLED BY THE SAME COMPANY THAT THEY HAVE HIRED TO INSTALL THEIR MATERIALS AND THEIR INSULATION. THOSE REPRESENTATIVES ARE HERE TONIGHT. YOU'LL HEAR FROM THEM IN REGARD TO THE TYPE OF BASE AND THE ABILITY FOR IT TO SUPPORT THE TRAILERS THAT ARE BEING PRO POSED AT THIS SITE.

AGAIN, AS STAFF SUGGESTED OR TOLD YOU JUST A SECOND AGO, THIS IS PURELY A TRAILER DROP SITE. THE OPERATIONS ON THIS SITE WILL BE MUCH LESS SIGNIFICANT THAN THEY WILL BE AT THE SITE WHERE THEY WILL HAVE MORE SIGNIFICANT OPERATIONS WITH THIS BEING JUST A STORAGE FACILITY. AS YOU SEE HERE, THEY ARE ONLY GOING TO PERMIT ABOUT TEN OF THESE ACRES WITH YOUR APPROVAL TONIGHT. THEY STILL HAVE TO GO THROUGH A PERMITTING PROCESS TO GET THOSE PERMITS, AND SO WHILE IT IS A 30-ACRE SITE THAT YOU'RE APPROVING, THEIR INTENTION, AND THEY'LL TELL YOU, IS ONLY TO PERMIT TEN OF THOSE ACRES WHEN THEY COME BACK TO CITY STAFF. THERE IS A FEDERAL IMPOUND LOT THAT YOU'RE PROBABLY FAMILIAR WITH. IT'S RIGHT ACROSS THE STREET. ALSO USING A GRAVEL SURFACE FOR THEIR OPERATIONS ON THAT FEDERAL IMPOUND SITE. THE FLEX BASES HE DID MENTION WILL HAVE AN EMULSIFIED AS FAULT TOPCOAT, WHICH WILL PROMOTE THE

[02:25:02]

LONGEVITY OF THE SITE. HOL SOM DOES EMPLOY DUST MITIGATION STANDARDS ON THEIR SITES RIGHT NOW, THEIR FACILITIES, CLEARLY THEY WILL DO THAT AT THIS LOCATION. THE FLEX BASE DOES HAVE A BIT MORE PERVIOUS ASPECT TO IT FOR WATER WHEN IT COMES TO DRAINAGE THAN CONCRETE WOULD AT THIS SITE, ALTHOUGH DRAINAGE IS GOING TO BE HANDLED AT THIS SITE. FLEX BASE IS ALSO A LITTLE BIT EASIER TO REMOVE SHOULD THIS USE EVER CEASE AT THIS LOCATION. FINALLY, WITH REGARD TO THE SEPTIC, STAFF DID MENTION THE LOCATION OF THE PROPERTY BEING SO FAR AWAY FROM THE CLOSEST POINT WHERE THEY WOULD TAP THE SEWER, WHICH DOES CREATE A SIGNIFICANT EXPANSE TO GET TO THAT LOCATION. THIS IS A MODULAR BUILDING. IT'S GOING TO HAVE MINIMAL USE, PRIMARILY FOR THE MANAGER OF THE SITE AND THE TRUCKERS THAT BRING THE TRAILERS TO THE SITE AND, YOU KNOW, HAVE TO USE THE FACILITIES THERE AT THE BUILDING. SO THE USE OF THE BUILDING AT THIS SITE IS APPROPRIATE FOR A SEPTIC-TYPE USE JUST BECAUSE OF THE MINIMAL USE THAT WILL OCCUR THERE. WITH THAT, THAT'S ALL I HAVE, GENTLEMEN. HAPPY TO ANSWER ANY QUESTIONS. AND AGAIN, I DO HAVE REPRESENTATIVES HERE TO ANSWER

THE QUESTIONS I CAN'T. >> QUESTIONS OF THE APPLICANT?

>> ARE WE STORING FULL OR EMPTY TRAILERS.

>> GOOD POINT, THANK YOU. >> SO IT WOULD BE BOTH. SO YOU WILL GET THE DROP, THE EMPTY, AND YOU WILL HOOK THE FULL ONE

WHEN YOU LEAVE. >> THANK YOU.

>> OTHER QUESTIONS? >> I JUST HAVE A QUESTION FOR STAFF AS IT RELATES -- BECAUSE WE KEPT REFERENCING GRADOW, BUT THERE, THE DRIVE LANES, WHICH WOULD INCLUDE ALL AREAS IN WHICH AN 18 WHEELER TRUCK WOULD DRAG A TRAILER --

>> THEIRS ARE CONCRETE. >> YEAH. AND ONLY THE STORAGE

AREA WAS GRAVEL? >> CORRECT.

>> OKAY, I JUST WANT TO MAKE SURE WE'RE TALKING APPLES TO

APPLES. >> ANYONE ELSE? OKAY. WHAT'S

THE PLEASURE OF THE COMMISSION? >> I MEAN, I FULLY SUPPORTED THE GRADOW PROJECT BECAUSE THE CONCEPT WAS THE AREAS IN WHICH THE HEAVY DRIVING WILL OCCUR WILL BE ON CONCRETE AND THE STORAGE WILL OCCUR ON THE GRAVEL AND ASPHALT. I WOULD SUPPORT THE SAME THING HERE. CONTRARY TO WHAT I READ ORIGINALLY IN THIS -- MY MISUNDERSTANDING WAS THAT THE DRIVES WERE GOING TO BE CONCRETE. NOW WE'RE JUST SAYING, HEY, IT'S ALL GRAVEL ONCE YOU GET PAST 40 FOOT OF DRIVEWAY. I HAVE CONCERN OF TRACKING ON THE ROADWAY AND OTHER CONCERNS WITH ON THE GRADOW PROJECT . SO I HAVE NO

PROBLEM ACCEPTING. >> I THINK WE APPROVED SOMETHING SIMILAR TO THIS FOR A CHARGE OUTSIDE OF TOWN, SOUTH OF TOWN, RECENTLY AS WELL IN THE BACK FOR PARKING. THIS IS VERY SIMILAR TO GRADOW FRPT AS FAR AS I'M CONCERNED IT'S STORAGE. IT'S NOT A DRIVE OR ANYTHING LIKE THAT. THEY'RE STORING. SO I DON'T HAVE A PROBLEM WITH THIS. CERTAINLY DON'T HAVE A PROBLEM WITH THE SEPTIC. I UNDERSTAND THAT. SO I

WOULD BE IN FAVOR OF THIS. >> I'M NOT OPPOSED TO IT, I JUST THINK THERE'S A BIG DIFFERENCE BETWEEN PARKING AN F-250 BEHIND A CHURCH AND PULLING AN ENTIRE TANKER FULL OF CONCRETE OR CEMENT. I MEAN, THERE'S A DIFFERENT SCALE THERE IN THE INTENSITY OF USE. AND WE HELD THE FEET TO THE FIRE GRADOW, HEY, WHERE YOUR TRUCKS ARE DRIVING, WHILE THEY'RE EMPTY OR GETTING LOADED OR UNLOADING, WE WANTED THAT TO BE ON CONCRETE. AND WE WERE PRETTY ADAMANT ABOUT THAT WHEN WE APPROVED THEIR PROJECT. SO I THINK IT'S KIND OF UNTOWARD TO COME BACK HERE AND SAY, THIS IS FINE. IT'S NOT STEEL, IT'S CEMENT, SO LET'S DO IT DIFFERENTLY.

>> I THOUGHT THAT THEY PRESENTED IT THAT WAY, DID WE REQUIRE THAT OR DID THEY PRESENT THAT IT WAY?

>> I THINK IT WAS PRESENTED THAT WAY AT STAT'S

RECOMMENDATION. >> I WASN'T INVOLVED IN THAT CONVERSATION. I THOUGHT IT WAS PRESENTED THAT WAY, AND I WASN'T GOING TO NOT ACCEPT IT.

>> MR. COMMISSIONER, WE JUST SPEAK TO THE ASPECT OF THE

ABILITY AND --. >> SURE. COME BACK --

>> YOU NEED TO IDENTIFY YOURSELF, SIR.

>> I'M HERE ABOUT THE EXCAVATION. WE'RE ALSO PUTTING IN THE GRADOW YARD. WHAT WE'RE GOING TO PROVIDE IS 24/7 TYPE

[02:30:02]

A, GRADE A LIMESTONE FLEX BASE. IT'S GOING TO BE ALMOST 24 INCHES THICK. IT'S GOING TO BE COMPACTED, AND THEN IT'S GOING TO BE EMULSIFIED. THERE WILL BE NO TRACK OUT. AND FURTHERMORE, WE WERE CONCERNED WITH THE TRACK LIFT ON THE FORKLIFTS ON GRADOW THAN WE ARE WITH RUBBER TIRE TRUCKS GOING ACROSS FALLY SEALED FLEX BASE. THE GRAND FORKLIFTS ARE A LOT HEAVIER.

YOU'RE NOT TALKING ABOUT A TYPICAL FORK LIFT. YOU'RE TALKING ABOUT A FORKLIFT THAT'S GOT SIX-FOOT TIRES.

THESE ARE HEAVY, YOU KNOW, 40- 50-TON FORKLIFTS THAT ARE GOING TO DO MORE DAMAGE TO THE GRAVEL THAN A TRUCK THAT WILL KEEP IT SEALED WITH THE EMULSIFIED ASPHALT THAT'S ON TOP OF IT.

SO OBVIOUSLY, FROM OUR PERSPECTIVE, HOLSOM'S AN EASIER BUILD. THE OTHER KEY FACTOR IS HOLSOM'S ALREADY GOT EPA AND TECQ MANDATED PLANNED. SO THEY'LL BE ABLE TO MAINTAIN AND KEEP THAT SURFACE SOLID SO THAT WE'LL HAVE, FIRSTLY, NO IMPACT TO THE CITY STREETS. THANK YOU.

>> IS THIS QUARRY LAND? IS IS THAT THE PLAN? EVENTUALLY IT'LL BE QUARRY? I THINK THAT'S A RELEVANT THING, BECAUSE I THINK WE DON'T WANT TO MAKE SOMEBODY CONCRETE OVER SOMETHING THAT'S GOING TO BE DUG UP EVENTUALLY I DON'T THINK.

>> ANYONE ELSE? >> CHAIRMAN, CAN I MAKE A

COMMENT? >> SURE.

>> IF IT'S HELPFUL TO Y'ALL TO CONSIDER -- I MEAN, AGAIN, ROUGHLY THE WHOLE SITE'S 30 ACRES. THEY'RE ONLY LOOKING TO DO THAT FIRST SECTION. SO IF YOU WANTED TO REIGN IT IN A BIT, YOU HAVE DISCRETION TO RECOMMEND, YOU KNOW, MAYBE JUST THE AREA WE'RE SEEING HERE FOR NOW BE APPROVED FOR THE GRAVEL.

AND AGAIN, WE WOULDN'T BE WAIVING FIRE CODE, SO WHATEVER FIRE NEEDS FOR CONCRETE FIRE LANES WOULD HAVE TO BE CONCRETE, THAT'S A REQUIREMENT. I DON'T KNOW TO WHAT DEGREE THAT WOULD BE, DON'T WANT TO SPEAK ON THEIR BEHALF, BUT THEY'VE BEEN TRYING TO BE FLEXIBLE. BUT AGAIN, YOU KNOW, STAFF IS TECHNICALLY RECOMMENDING DENIAL ON IT, BUT MAYBE THAT'S A WAY OF REIGNING IT IN A LITTLE BIT IS DON'T GIVE THEM APPROVAL ON THE FULL 30 ACRES.

>> ANYTHING ELSE? >> I'M NOT OPPOSED TO THAT

CONCEPT. >> COME BACK TO YOU.

>> SORRY, AGAIN, SO WE'RE REALLY LOOKING AT THE FIRST PHASE, WHICH IS THE GRAY AREA. THAT'S WHAT WE'RE REALLY HERE

FOR TODAY. >> OKAY.

>> I'M GOOD FOR THAT. SEE HOW IT WORKS, YOU KNOW? ABSOLUTELY.

>> IS THAT A MOETHS? >> I'LL MAKE A MOTION TO APPROVE LIMITING THE APPROVAL THE SITE PLAN AS INCLUDED AND

PRESENTED WITH THE ACTION. >> SO DO WE NEED TO DO THE

SEPTIC AS WELL? >> SEPTIC AS PRESENTED, YEAH.

>> I'LL SECOND. >> MOTION AND A SECOND, ANY FURTHER DISCUSSION? NOT, ALL IN FAVOR?

[007 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) authorizing an exception to Planned Development No. 69 (PD-69) to allow a building wall sign on the front façade of the building. The property is located on ±70.537 acres, Lot 2, Block A of Midlothian Business Park. (commonly known as 3201 Challenger Drive) (Case No. SUP04-2024- 008).]

>> AYE. >> ANY OPPOSED?

>> WE'LL NOW MOVE BACK TO PUBLIC HEARINGS. 007 CONDUCT A PUBLIC HEAR ING HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR SPECIFIC USE PERMIT AUTHORIZING AN EXCEPTION TO PLANNED DEVELOPMENT NUMBER 69 TO ALLOW A BUILDING WALL SIGN ON THE FRONT FACADE OF THE BUILDING. THE PROPERTY IS LOCATED ON 70.537 ACRES, LOT 2, BLOCK A OF MIDLOTHIAN BUSINESS PARK. COMMONLY KNOWN AS 3201 CHALLENGER DRIVE. CASE NUMBER

SUP 04-2024-008. >> FOR SIGNAGE, THEIR DEVELOPMENT ALLOWS THEM ONE SIGN WITH AN ADDITIONAL LOGO SIGN. WHAT THEY'RE WANTING TO DO IS SPLIT SUN RIDER MANUFACTURING INTO TWO SEPARATE SIGNS. THIS IS PRETTY STRAIGHT FORWARD. THEY WERE -- WILL STILL MEET THE REQUIREMENT IN TERMS OF SIGN AREA AND ALL THE OTHER REQUIREMENTS. SO IT'S

[02:35:08]

JUST THAT ONE ASPECT THAT THEY WERE -- THEY WEREN'T ABLE TO MEET. SO THEIR RATIONAL IS THEY WANTED TO BE MORE LEGIBLE AND MORE BALANCED ON THE BUILDING. AND FOR THE SIGN ORDINANCE GOALS OR PURPOSES THAT WE DI IMPROVING VIEW CORRIDORS AND ALL OF THAT, IT MEETS THAT CRITERIA, SO STAFF IS SUPPORTING THIS ONE. SO I MIGHT

KEEP THIS A BRIEF PRESENTATION. >> OKAY. QUESTIONS OF STAFF? IS THE APPLICANT HERE AND WISH TO SPEAK?

>> APPLICANT'S HERE FOR QUESTIONING. NO NEED TO SPEAK.

>> OKAY, DON'T HAVE ANYONE SIGNED UP TO SPEAK, SO WITH THAT I ENTERTAIN MOTION TO CLOSE THE PUBLIC HEARING.

>> MAKE A MOTION TO CLOSE PUBLIC HEARING.

>> SECOND. >> ALL IN FAVOR?

>> AYE. >> ANY OPPOSED?

>> MAKE A MOTION TO APPROVE A SECOND.

>> PRESENTED. >> MOTION TO APPROVE AS

PRESENTED. ALL IN FAVOR. >> AYE.

[009 Conduct a public hearing and consider and act upon an ordinance changing the zoning of 19.937+ acres out of the George F. Holman Survey, Abstract No. 460, and the H.F. Hinckley Survey, Abstract No. 459, from Planned Development District No. 76 (PD-76) for mixed-use retail and commercial uses to Planned Development District No 176 (PD-176) for Commercial (C) uses; adopting development and use regulations, a Conceptual Site Plan, Landscaping Plan, and Building Elevations. The property is generally located on the north side of U.S. Highway 67, situated about 370 feet north of Church Street. (Case No. Z02-2024-006)]

>> ANY OPPOSED? . >> IT IS UNANIMOUS. ITEM 009, CONDUCT A PUBLIC HEARING CONSIDER AND ACT UPON AN ORDINANCE CHANGING THE ZONING OF 19.937 PLUS AWE KERS OUT OF GEORGE F. HOLMAN SURVEY, ABSTRACT NUMBER 460, AND THE HF HINCKLEY SURVEY, ABSTRACT NUMBER 459, FROM PLANNED DEVELOPMENT DISTRICT NUMBER 74 FOR MIXED USE RETAIL AND ADOPTING DEVELOPMENT AND USE REGULATIONS, A CONCEPTUAL SITE PLAN, LANDSCAPING PLAN, AND BUILDING ELEVATIONS. THE PROPERTY IS GENERALLY LOCATED ON THE NORTH SIDE OF U.S.

HIGHWAY 6, SITUATED ABOUT 370 FEET NORTH OF CHURCH STREET.

>> CHAIRMAN, COMMISSIONERS, THIS SITE IS CURRENTLY ZONED PLAN DEVELOPMENT 76 FOR MIXED USE, RETAIL, AND COMMERCIAL USES AS WELL AS FOR A WEDDING CHAPEL. THEY ARE ASKING TO REZONE IT TO PD4 COMMERCIAL USES ADOPTING DEVELOPMENT REGULATIONS. SO WHAT THEY'RE WANTING TO DO IS FAZ THE PROPERTY ON THE WEST SIDE. THEY ARE WANTING TO CONSTRUCT OFFICE WAREHOUSES. THERE WILL BE NO OUTDOOR DISPLAY OR STORAGE. AND ON THE EAST SIDE IT WILL BE FOR COMMERCIAL USES WITH NO ADDITIONAL USES. SO AS FAR AS THE PROPERTY ADJACENT LAND USES TO THE NORTH IT'S VACANT. IT IS ZONED SINGLE FAMILY ONE BUT ON THE MAP IT SHOWS AS LIGHT INDUSTRIAL. THAT IS CEMENT, TEXAS CEMENT, AND SO IT'S DESIGNATED FOR QUARRY. TO THE SOUTH YOU HAVE THE MIX OF MULTIFAMILY. THERE'S A SCHOOL THERE AND THEN THERE'S A CONTRACTOR SHOP ALONG 67. IT'S A VARIETY OF DIFFERENT ZONING CATEGORIES, MULTIFAMILY, AS WELL AS COMMERCIAL. TO THE EAST YOU HAVE THE HIGHWAY AND LIGHT INDUSTRIAL ACROSS THE HIGHWAY. YOU HAVE MANY WAREHOUSES AND CONTRACT SHOPS AND ALL OF THAT ALONG THE HIGHWAY THERE. AND TO THE WEST YOU HAVE THE WEDDING EVENT CENTER AND THAT IS URBAN LOW DENSITY MODULE WHICH ALLOWS FOR 6.9 DWELLING UNITS PER ACRE. AND THEN YOU ALSO HAVE THE RESIDENTIAL SUBDIVISIONS ACROSS NORTH NINTH STREET. SO IN THE COMP PLAN IT WOULD BE A MINOR MAP AMENDMENT TO, YOU KNOW, ADJUST THAT IF, YOU KNOW, WE CHOOSE TO DO THAT THROUGH THE PROCESS. THEY MET WITH THE ADJACENT PROPERTY OWNERS TO THE WEST. THE WEDDING CHAPEL OWNER.

AND WHAT THEY'RE GOING TO DO IS THEY ARE GOING TO PRESERVE 12 FEET OFF OF THE LINE AND MORE TO THE SOUTH. SO I HAD ASKED THEM AT THE BEGINNING OF THE PROCESS TO DO A TREE SURVEY AND LOOK AT WHAT'S ON THE SITE. SO ADJACENT TO THE WEDDING VENUE THERE'S -- IT'S HEAVILY TREED. AND SO WHEN THEY MET WITH THE PROPERTY OWNER, THEY'VE AGREED TO PRESERVE THE LANDSCAPE STRIP ALONG HERE AND PRESERVE THE TREES ALONG THE PROPERTY LINE. AND IN ADDITION, THESE TREES WILL ALL REMAIN UNTIL THEY DEVELOP THE SITE TO THE EAST AS WELL. I'M NOT

[02:40:11]

GOING TO GO THROUGH THE COMP PLAN STRATEGIES THAT THEY MEET.

THEY MEET SEVERAL OF THEM. THEY HAVE A LOT OF THE ECONOMIC AND FISCAL HEALTH GOALS THAT ARE IN THE PLAN, AND THEY DO COMPLY WITH ALL OF THE DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT, SO WE WON'T GO THROUGH THOSE EITHER. THE THOROUGHFARE PLAN SHOWS NORTH NINTH STREET AS A MINOR ARTERIAL AND, OF COURSE, HIGHWAY 67 IS EXISTING. THE APPLICANT DID SUBMIT A TIA WORK SHEET AND A TRAFFIC IMPACT ANALYSIS WAS NOT REQUIRED FOR THE SITE BECAUSE IT DID NOT GENERATE ENOUGH TRAFFIC. SO PHASE ONE IS WHERE THEY ARE DOING OFFICES -- OFFICE AND WAREHOUSE COMBO. THEY DID PROVIDE A DETAILED SITE PLAN FOR THAT, AND IT'S NOT -- A LOT OF PEOPLE ARE THINKING THAT IT'S A WAREHOUSE WAREHOUSE, IT'S NOT THAT. IT'S REALLY MORE LIKE FOR CONTRACTOR SHOP.

BUT THEY'RE NOT HAVING ANY KIND OF OUTDOOR STORAGE. WE TALKED ABOUT SOME OF THE ARCHITECTURAL GOALS OF THE EXISTING PD. IN THE PHASE ONE DEVELOPMENT BECAUSE IT'S SET BACK FROM THE ROAD AND HAS SUCH A HEAVILY TREED AREA, IT'S GOING TO BE MORE OF A CONTEMPORARY LOOK. BUT THEN THEY AGREED THAT THEY WOULD, FOR PHASE TWO, THEY WOULD LEAVE SOME OF THE ARCHITECTURAL STANDARDS IN PLACE THAT ARE WITH THE PD. AND THEN WHEN PHASE TWO WILL BE REQUIRED TO COME BACK WHENEVTO DO, A TIA OR A, YOU KNOW, BUILDING ELEVATIONS OR ANYTHING AT THAT TIME. SO FOR PHASE TWO THERE ARE NOT ANY ADDITIONAL USES. AND FOR BOTH THE PHASE ONE AND PHASE TWO THERE ARE SOME PROHIBITED USES THAT ARE SOME OF THE MORE INTENSE USES IN THE COMMERCIAL DISTRICT, SUCH AS MINI WAREHOUSE STORAGE, MORTUARY FUNERAL HOME, OR OUTDOOR DRIVE-IN MOVIE THEATER. FOR FENCING AND SCREENING THEY PAID A LOT OF ATTENTION TO THAT. AS I MENTIONED BEFORE, THIS SHOWS THE GREEN WELL. THEY ARE PRESERVING A STRIP ALONG THE WEDDING CHAPEL TO MAKE SURE THOSE TREES REMAIN IN PLACE.

AND THEN THEY'RE HAVING A SECURITY FENCE THAT'S ROD IRON OR TUBULAR STEEL AROUND THEIR PERIMETER FOR SECURITY PURPOSES. HOWEVER, THEY WILL LEAVE A GREEN SPACE ALONG THE ROAD AND THE DETENTION POND AND PROVIDE A PEDESTRIAN ACCESS EASEMENT. AND THIS WILL BE AVAILABLE TO THE PUBLIC.

>> SO WHERE IS THAT DRIVEWAY? WHAT STREET DOES IT COME OUT

ON? >> NINTH STREET.

>> OKAY. THAT'S WHAT I THOUGHT. >> OKAY. YEAH. SO IN TERMS OF SCREENING, THEY WILL BE PROVIDING THE MASONRY WALL REQUIREMENT. IT'S BECAUSE OF THE SINGLE-FAMILY ZONING, IT'S NOT BASED ON EXISTING USES OR THE FUTURE LAND USE MAP, SO THAT'S WHY THEY HAVE TO DO THAT. AND THEY'RE ALSO -- THEY'RE COMPLYING WITH ALL OF THE MASONRY REQUIREMENTS IN TERMS OF THE SIGNAGE AND THE DUMPSTER SCREENING AND ALL OF THAT. SO I THINK I'LL JUST GO TO THE EASEMENTS. SO A COUPLE OF THINGS. THEY'VE AGREED TO DO A WATER LINE ALONG THE SOUTHBOUNDRY LINE TO GET A LOOP. IT'S KIND OF A REGIONAL PLANNING. AND THEY'VE ALSO AGREED TO PROVIDE THE PEDESTRIAN ACCESS EASEMENT AS A LOOP HERE TO THIS WHOLE AREA.

WILL BE MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION.

THEY ALSO AGREED TO BRING THE ROAD THROUGH. I DO WANT TO MAKE NOTE THAT THAT IS ON THE CURRENT PD. YOU KNOW, THIS ROAD

[02:45:02]

AND SHOWING IT'S COMING ALL THE WAY THROUGH IS ALREADY REQUIRED IN THE CURRENT PD. AND SO THAT WAS SOMETHING THAT STAFF HAD ASKED FOR FOR CONNECTIVITY. NOTIFICATION WAS SENT TO SURROUNDING PROPERTY OWNERS. THE APPLICANT MET WITH TWO OF THOSE OWNERS, AND THEN JUST WITHIN THE NEXT DAY WE RECEIVED TWO LETTERS FROM THE APARTMENTS. I JUST WANT TO MAKE ONE NOTE IN CASE YOU MISSED IT, PHASE TWO WILL COME BACK. IT WILL BE REQUIRED TO COME BACK THROUGH PUBLIC HEARING THROUGH PNZ AND COUNCIL. ARE THERE ANY QUESTIONS OF STAFF?

>> QUESTIONS? . >> WHO DID YOU SAY THE ADJACENT

PROPERTY OWNER IS? >> TEXAS CEMENT.

>> AND THEY'RE REQUIRED TO PUT MASONRY SCREEN THERE BECAUSE

IT'S ZONED RESIDENTIAL. >> SINGLE FAMILY ONE, YEAH. SO.

>> SO THAT PART THAT'S RIGHT THERE ON THE SOUTH SIDE OF THE BASIN, IS THAT -- THERE'S SOME WOODAGE OR TREES RIGHT THERE.

ARE THEY GOING TO SAVE THAT, OR DOES THAT GO AWAY WHEN YOU BUILD UP -- NO ON -- BY THE WATER.

>> DO YOU MEAN HERE? >> YES.

>> I BELIEVE THEY'LL SAVE THEM, BUT I'M GOING TO LET THEM ANSWER THAT, BECAUSE I THINK THAT WATER LINE IS GOING TO HAVE TO COME THROUGH THAT EASEMENT. WE HAD TALKED ABOUT SHRUBS AS A POSSIBILITY. BECAUSE YOU CAN PUT THE SHRUBS OVER THE EASEMENT, BUT THE, YEAH, YOU CAN'T PLANT NEW

TREES ON TOP OF AN EASEMENT. >> SO YOU'RE SAYING THE WATER LINE LOOP IS GOING TO BE TO THE SOUTH OF THE DRAINAGE FACILITY.

>> YES. YOU CAN SEE IT BETTER ON THE PHASE TWO PART OF IT. SO THE -- YEAH -- THERE'S ONLY A FENCE BETWEEN THE SCHOOL AND THE APARTMENTS AS WELL. YOU CAN, YOU KNOW, LOOK AT THAT AND GOOGLE IT ON THE AERIAL IF YOU WANT TO SEE THAT.

>> YEAH, BUT I MEAN YOU'VE GOT A WHOLE PLAYGROUND BETWEEN THE APARTMENTS AND THE SCHOOL THAT LOOKS LIKE IT'S CLOSE TO THE

LINE ON THAT SIDE. >> OKAY, I'LL LET THE

APPLICANT ADDRESS THAT. >> OKAY, QUESTIONS? OKAY. DOES

THE APPLICANT WISH TO SPEAK? >> COULD YOU PULL UP THE ABBOTT

PRESENTATION? >> SO IF YOU WOULD IDENTIFY

YOURSELF PLEASE. >> I'M SAMANTHA WITH EAST

ENGINEERING. >> OKAY.

>> OKAY, AS MARY WAS SAYING, WE'RE GOING TO HAVE PRETTY MUCH TWO PHASES. HOLD ON, ONE SECOND. AND OUR FIRST PHASE WE ARE JUST REQUESTING FOR IT TO BE OFFICE WAREHOUSE. LIKE SHE SAID, IT'S NOT GOING TO BE LIKE A WAREHOUSE LIKE YOU'RE THINKING OF, IT'S JUST GOING TO BE SOMETHING THAT YOU'RE YOU'RE GOING TO STORE. NO OUTSIDE STORAGE OR ANYTHING LIKE THAT. THERE WE GO. OKAY, SO HERE'S OUR SITE PLAN. WE HAVE THAT OUT LIKE MARY WAS SAYING. AND TO THE NORTH WE HAVE THE -- HOLD ON, I THINK I HAVE A BETTER ONE. NEVER MIND.

TO THE NORTH WE HAVE THAT QUARRY SITE. WE HAVE THE EVENT CENTER TO OUR EAST -- TO OUR WEST AND THEN TO OUR EAST IS GOING TO BE PHASE TWO. THERE'S A BETTER PICTURE OF IT. THE REASON WE HAVE THIS WATER LINE GOING DOWN THIS WAY IS WE ARE GOING TO CONNECT TO THAT 24 OR WE CAN GO UP AND PARALLEL THE 24 TO MATCH US TO ABOUT FOUR FEET. BUT WE'RE TRYING TO TAKE A 12-INCH ALL THE WAY BACK THROUGH SO WE CAN CREATE A LOOP SYSTEM, BETTER INFRASTRUCTURE. SO HERE IS A BIG MAP. I KNOW THAT THERE WERE SOME CONCERNS ABOUT, LIKE, TRUCKS COMING AND LEAVING, BUT WE CAN ALWAYS -- THE TRUCKS CAN ALWAYS GO THROUGH DEV LANE OUT OF THE RESIDENTIAL PORTION WHERE THE SCHOOL IS AT AND EVERYTHING. I DIDN'T WANT TO TAKE UP TOO MUCH OF Y'ALL'S TIME. THIS IS CEDAR HILL, ON THE GROUND. THIS IS HOW IT'S GOING -- WHAT THE OFFER WAREHOUSE IS GOING TO LOOK LIKE. THIS IS PRETTY MUCH THE FACADE. IT'S ALREADY

[02:50:03]

THERE, AS YOU CAN SEE. THIS IS IN THE WORKING STAGES OF IT.

HE'S ALSO DONE STUFF IN WAXAHACHIE. HE HAS GREYSTONE ESTATES. HE'S WELL VERSED IN THAT. AND HAS DONE MANY DEVELOPMENT PROJECTS HAVING TO DO WITH THIS KIND OF THING. ANY

QUESTIONS? >> SO ONE WAY IN AND OUT,

THAT'S ON NINTH STREET, RIGHT? >> YES, SIR. THAT RIGHT-OF-WAY IS EXTENDED, THOUGH, FOR THE PURPOSE OF WHEN PHASE TWO COMES THAT ROAD WILL BE EXTENDED ON TO HIGHWAY 67.

>> OKAY. >> SERVICE ROAD.

>> WHAT KIND OF TRAFFIC WILL BE IN AND OUT OF THIS FACILITY?

>> A TIA WORK SHEET SUBMITTED, THERE'S NO TIA REQUIRED. FROM WHAT I REMEMBER, IT WAS MAYBE -- I THINK IT WAS IN AND OUT

WAS 22 ON PEAK A.M. HOURS. >> CARS, TRUCKS?

>> I THINK IT WAS BOTH. I DID NOT PERFORM THE ENGINEERING ANALYSIS.

COME UP TO THE MIC SO YOU CAN BE HEARD AND STATE YOUR NAME AND KIND OF JUST REPEAT WHAT YOU SAID. IF YOU DON'T MIND.

>> THE TYPE OF SEMI TRAFFIC THAT YOU GET AT THOSE BIG WAREHOUSES IS NOT WHAT'S EXPECTED HERE AT ALL. I'M NOT GOING TO DENY THAT THERE MIGHT BE A DELIVERY BY A FEDEX TRAILER OR SOMETHING LIKE THAT. BUT IT'LL BE SO RARE THAT IT WON'T BE THE COMMON. WE'RE SO PROUD OF THE GREYSTONE BRAND WE'RE DOING IN MIDLOTHIAN. WE TRY TO MAKE SURE EVERYTHING IS AS PROFESSIONAL AND BEAUTIFUL AS POSSIBLE. WE HAVE THE SAME INTENTIONS FOR THIS FACILITY, TO PUT A NICE MONUMENT IN FRONT AND HAVE A COMMON AREA THAT WOULD BE INVITING TO THE PEOPLE FROM THE APARTMENT COMPLEX TO BE ABLE TO WALK AROUND THE RETENTION POND AND DO THE KIND OF THINGS THAT -- WITH PARK BENCHES AND STUFF TO MAKE IT A BEAUTIFICATION AREA. WE'RE GOING TO MAINTAIN THE DRIVEWAY ALL THE WAY OUT TO NINTH STREET WITH A TYPE OF BEAUTIFICATION APPLICATION AND ON THE FRONTAGE BETWEEN THE WAREHOUSE AREA AND THE RETENTION BOND WILL ALL BE ROTH IRON FENCING WITH ROTH IRON GATES. IT'LL BE AN ATTRACTIVE FACILITY. WE'VE PARTNERED WITH THE CITY AND AGREED TO GIVE THEM AN EASEMENT SO THEY CAN EXTEND THAT 12 INCH AND HAVE A LOOP ALL THE WAY TO 6 THAT THEY DON'T HAVE RIGHT

NOW. >> IF YOU WOULD, SIR, STATE

YOUR NAME. >> I'M MERRILL ABBOTT, I LIVE

IN MIDLOTHIAN. >> THANK YOU, SIR.

>> CAN I ASK YOU, IS THAT GOING TO ELIMINATE THOSE TREES WE WERE TALKING ABOUT BETWEEN THE SCHOOL AND THE BUILDINGS?.

>> WE'RE NOT TAKING OUT ANY TREES THAT WE DON'T HAVE TO.

WE'RE GOING TO LEAVE ALL OF THE GREENERY AS MUCH AS POSSIBLE. THERE IS -- IN PHASE TWO THERE'S A TON OF GREENERY

WE'RE NOT GOING TO TOUCH. >> I'M TALKING ABOUT THAT PART BY THE BASIN RIGHT THERE. IT LOOKS LIKE IT'S CLOSE TO WHERE

THE SCHOOL BUILDING IS. >> TALKING ABOUT THIS AREA

HERE. >> ANY TREES THAT ARE ON THE GREEN AREA WOULD BE EASY TO KEEP. BUT THE AREA WHERE WE'RE GOING TO -- WE WOULDN'T BE DISTURBING IT, BUT THE CITY WHEN THEY EXTEND THEIR WATER LINE ALONG THAT EASEMENT THAT WE'RE PROVIDING FOR THEM TO GET THEIR 12-INCH LOOP ALL THE WAY TO 67, THAT WOULD BE UP TO THEM TO DISTURB WHATEVER TREES ARE THERE. WE HAVE NO NEED TO DO THAT. WE'RE JUST OFFERING THAT EASEMENT TO THE CITY SO THAT THEY CAN HAVE THAT LOOP

THAT THEY'VE REQUESTED. >> OKAY.

>> THE ONLY OTHER THING THAT I CAN SAY IS THAT I MET WITH THE WEDDING EVENT OWNER AND WE'VE AGREED TO WORK WITH HIM TO ACTUALLY ADD MORE TREES BETWEEN OUR VENUE AND HIS SO THAT HE CAN BE MORE ISOLATED FROM ANYTHING THAT WE'VE GOT GOING

[02:55:02]

ON. AND HE WAS VERY HAPPY WITH OUR CONVERSATION. I THINK HE WAS NOT OPPOSED BUT I CAN'T SPEAK FOR HIM.

>> OKAY. >> THANK YOU.

>> THANK YOU. DO YOU HAVE SOMETHING ELSE?

>> NO. >> OKAY, THANK YOU VERY MUCH.

>> I'M SORRY, THIS MIGHT BE FOR BOTH. SO DID I CATCH THAT RIGHT, THAT ROADWAY, THAT'S GOING TO BE EXTENDED, THAT'S GOING TO BE A PUBLIC THOR RA FARE?

>> YES, GOING TO BE A PUBLIC ROAD.

>> BUT THE PUBLIC WATER LINE IS IS GOING ALONG THE PROPERTY LINE? WHY AREN'T WE TAKING IT DOWN THE PUBLIC ROADWAY? I KNOW, THAT'S WHY IT WAS KIND OF A DUAL --

>> I'M JAY POWELL, MIDLOTHIAN. ADAM ASKED US TO PROVIDE THE WATER MAIN, THE LOOP OUT TO 67. AND WHAT WE'RE GOING TO DO WITH IT, WHAT WE'VE TALKED ABOUT DOING WITH IT, IS TAKING THE 12-INCH UP THE PUBLIC RIGHT OF WAY TO THE EAST LINE AND WE'LL STUB THE 12-INCH OUT THERE. THEN WE'LL DROP DOWN TO THE SOUTH PROPERTY LINE AND THEN WE'LL DO A SEPARATE INSTRUMENT BECAUSE WE'RE NOT GOING TO PLAN OUT THERE, BUT WE'LL DO A SEPARATE INSTRUMENT AND THAT WILL ENABLE ADAM TO HAVE RIGHT OF WAY TO CARRY THE WATER MAIN OUT TO 67. SO ALL THAT GRAY AREA ALONG THE SOUTH IS GOING TO BE UNDISTURBED.

>> I'M SORRY, SO IT WON'T GO ON THE SOUTH SIDE OF THE BASIN.

>> IMMEDIATELY, THAT'S RIGHT. IT'LL COME IN ON THE NEW STREET AND THEN DROP SOUTH AND THEN GET ON THE SOUTH LINE.

>> EXCUSE ME. IN CASE YOU GENTLEMEN AREN'T AWARE, THE REASON THE ROADWAY IS WHERE IT IS AND WHERE IT'S GOING TO CONTINUE IS BECAUSE THERE'S AN EXISTING CITY SEWER THERE.

EXISTING SANITARY SEWER. THAT'S WHY THE ROAD IS WHERE IT IS AND WHERE IT'S INTENDED YOU CAN SEE THE EXISTING SANITARY SEWER DRAWN ON PHASE TWO. THAT'S PART OF THE REASON

FOR THE ROAD BEING WHERE IT IS. >> JUST FOR THE RECORD, THE THIRD ONE STUCK OUT IN SPACE, ON THE FARM STEAD, GOING BACK ON 15, THE CENTENNIAL ROOFING AND THE RETAIL RIGHT ON THE SOUTHEAST CORNER REQUIRED SEWER, SO WE WORKED WITH JEFF GRAY I THINK WAS THE DEVELOPER ON THAT. SO THAT'S HOW WE BROUGHT SEWER TO HIM. AND THEN THE UPWARD TURN WAS JUST A FUNCTION OF WHAT THE ARMSTEAD WAS LOOKING LIKE BACK IN THOSE

DAYS. >> AND AFTER WE PURCHASED IT WE DONATED ONE OF THE HIS COR CAL HOUSES TO GO TO FOUNDERS ROW TO THE HISTORICAL SOCIETY. SO THEY'RE THE PROCESS OF

REMOVING IT RIGHT NOW. >> OKAY. THANK YOU ALL VERY

MUCH. >> YOU'RE WELCOME.

>> UNDER PARTICIPATION I HAVE TWO FORMS. BRIAN STERLING, NONSPEAKER. OPPOSED. AND TODD FRANKS, A NONSPEAKER, OPPOSED.

THOSE ARE ALL THE CITIZEN PARTICIPATION THAT I HAVE. SO WITH THAT, IF THERE'S NOTHING ELSE FROM STAFF AT THIS POINT, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING, ALL IN FAVOR, AYE.

>> AYE. >> IT'S UNANIMOUS. FLOOR IS

OPEN FOR DISCUSSION OR ACTION. >> MAKE A MOST TO APPROVE AS

SUBMITTED. >> SECOND.

>> A MOTION AND SECOND TO APPROVE. ANY FURTHER

[011 Conduct a public hearing and consider and act upon an ordinance amending the city of Midlothian Zoning Ordinance by amending Section 3.5300 “Home Occupations” relating to the regulation of home occupations; and amending Section 100.100 “General Definitions” by deleting the definition for “Home Occupation.” (Case No. OZ05-2023-94).]

DISCUSSION? ALL IN FAVOR, AYE. >> AYE.

>> ANY OPPOSED? IT IS UNANIMOUS. WE'LL MOVE NOW TO ITEM 11, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN'S ZONING ORDNANCE BY AMENDING SECTION 3.5300 HOME OCCUPATIONS RELATING TO THE REGULATION OF HOM OCCUPATIONS AND AMENDING SECTION 100.100 GENERAL DEFINITIONS BY DELETING THE DEFINITION FOR HOME OCCUPATION.

>> I DON'T KNOW IF YOU GUYS REMEMBER THIS ONE. IT'S BEEN SO LONG. SO WE CAME TO YOU IN SEPTEMBER AND WE TALKED ABOUT THE APA PUBLICATION ZONING PRACTICE. THEY TRACK TRENDS IN THE PLANNING INDUSTRY, AND YOU KNOW, ONE OF THE BIG ONES IS THAT MORE PEOPLE ARE HAVING HOME OCCUPATIONS. SO PRE-PANDEMIC 4.8% OF PEOPLE WORKED FROM HOME AS A FULL-TIME OCCUPATION. AND THEN DURING THE PANDEMIC IT JUMPED TO 61%. AND THEN SINCE THE PANDEMIC IT'S LEVELLED OUT TO 28%. WHICH IS A

[03:00:12]

PRETTY SIGNIFICANT NUMBER STILL. SO THE ISSUE TALKED ABOUT HOW A LOT OF ZONING ORDINANCES ARE -- EITHER THEY KIND OF FALL IN ONE CATEGORY OR THE OTHER. THEY'RE SO LOOSE THAT THEY'RE NOT EFFECTIVE, OR THEY'RE SO STRICT THAT THEY'RE KEEPING PEOPLE FROM HAVING HOME OCCUPATIONS. SO WE RESEARCHED, WE HAD A DISCUSSION ITEM, TALKED TO YOU GUYS ABOUT IT. WE TALKED TO INTERNAL STAFF. WE HAVE A -- WELL, SHE JUST RETIRED, BUT DEBBIE LUKIE IS ONE OF OUR ENFORCEMENT OFFICERS WHO HAD A FULL 40 YEARS AND GAVE US INPUT ON THE ORDINANCE.

WE ALSO LOOKED AT OTHER CITIES. SO THE PURPOSE OF THE REVISIONS -- IT'S IMPORTANT THAT THE ORDINANCE NOT CHANGE THE EXTERIOR OF THE STRUCTURE, THAT IT DOESN'T CHANGE THE CHARACTER OF THE PROPERTY OR CHANGE THE NATURE OF THE SURROUNDING NEIGHBORHOOD. I PROMISE YOU GUYS THIS IS A SHORT PRESENTATION. SO CURRENTLY THE USE CHART ALLOWS HOME OCCUPATIONS IN ALL THE RESIDENTIAL ZONING DISTRICTS, AND SECTION 3.53 SETS THE CRITERIA THAT WE LOOK AT, AND IT ALSO GIVES PROHIBITED USES AS WELL AS ALLOWABLE USES. SO WHAT WE DID WAS WE WENT THROUGH THE CRITERIA. WE PROVIDED MORE DETAIL ON THE ALLOWABLE USES AND THEN WE EXPANDED THE PROHIBITED USES AND REPEAL THE DEFINITION IN SECTION 100.100, WHICH CONFLICTS WITH BOTH THE EXISTING ORDINANCE AND THE PROPOSED. SO YOU CAN'T HAVE EMPLOYEES ON SITE. YOU KNOW THAT DOESN'T PROCLUDE SOMEBODY DROPPING SOMETHING OFF. THAT WE'RE LOOKING AT AS SOMEBODY HAVING FULL-TIME STAFF COMING TO THE HOUSE AND WORKING THEIR FULL TIME. BUT IF YOU HAVE A FAMILY MEMBER WHO HELPS YOU OUT, THEN YOU KNOW, IT ALLOWS THAT. WE LOOKED AT THE SIGNAGE. WE HAD CONFLICTING LANGUAGE IN THE SIGNAGE, SO WE STRAIGHTENED THAT OUT, AND THEN WE LOOKED AT THE TRAFFIC CIRCULATION AND PARKING STANDARDS AND WE'RE STILL RECOMMENDING WHAT WE HAD TALKED ABOUT WHERE THEY CAN PARK IN THE DRIVEWAY OR IN FRONT OF THEIR HOUSE BUT NOT CREATE A PARKING ISSUE FOR THE STREET. THEY -- THERE'S NO OUTDOOR DISPLAY OR STORAGE. YOU CAN DO TUTORING FOR SMALL GROUPS. COTTAGE FEUD INDUSTRIES ARE ALLOWED, AND WE EXPANDED THE PROHIBITED USES. SO THE COTTAGE FEED INDUSTRY, JUST VERY, VERY BRIEFLY. SO I HAD ASKED DEBBIE ABOUT THAT, AND SHE SAID THAT YOU REALLY SHOULD HAVE THAT IN THE ORDINANCE BECAUSE IT JUST, YOU KNOW, IF YOU HAVE SOME KIND OF CATERING OR ANY KIND OF FOOD THING, YOU'RE SUPPOSED TO COMPLY WITH STATE LAWS. IT'S A CERTIFICATION YOU NEED TO DO TO MAKE SURE THAT YOU'RE CREATING SAFE FOOD. SO -- YES, SIR?