[004 Consider and act upon a request for a Special Exception to Zoning Ordinance, Section 4.5602 (OffStreet Parking Requirements) to allow for additional parking spaces over the maximum number permitted, for a new Medical Office Building (TEC). The property is on 2.748+ acres of land situated in the JH Witherspoon Survey, Abstract 1137. The property is located at 2251 Freeman Lane and is zoned Commercial (C) District. (M08-2024-99).]

APPROVE. ALL IN FAVOR, AYE. >> AYE.

>> ANY OPPOSED? IT IS UNANIMOUS. WE'LL MOVE NO TO THE REGULAR AGENDA ITEMS, 004, CONSIDER AND ACT UPON A REQUEST FOR A SPECIAL EXCEPTION TO THE ZONING ORDINANCE, SECTION 4.5602, OFFSTREET PARKING REQUIREMENTS, TO ALLOW FOR ADDITIONAL PARKING SPACES OVER THE MAXIMUM NUMBER PERMITTED FOR A NEW MEDICAL OFFICE BUILDING. THE PROPERTY IS ON 2.748+ OR MINUS ACRES OF LAND SITUATED ON THE JH WITHERSPOON SURVEY, ABSTRACT 1137. THE PROPERTY IS LOCATED IN 2251 FREEMAN LANE, AND IS ZONED COMMERCIAL.

>> THINK IT, CHAIRMAN. AGAIN, OUR NEXT CASE FOR THIS EVENING FROM THE REGULAR AGENDA IS FOR AGENDA ITEM NUMBER FOUR IN RELATION TO CASE NUMBER -- DASH 99. AND AGAIN, THIS IS A SPECIAL EXCEPTION MISCELLANEOUS CASE FOR A PARKING EXCEPTION FOR TEC, MIDLOTHIAN MEDICAL FACILITY. THE IMMINENT LOCATION OF THE SUBJECT PROPERTY IS TO THE RIGHT, OUTLINED IN ORANGE AND WHITE HERE, AND IT'S LOCATED AT 2151 FREEMAN LANE, JUST UNDER THREE ACRES AT 2.748 ACRES, CURRENTLY UNDEVELOPED, AND THE PROPERTY IS UNCOMMERCIAL FOR THE SITE, AND AGAIN, THIS NEXT LINE JUST GIVES YOU AN IMAGE. IT'S OFF OF FREEMAN LANE HERE, BUT THIS IS 287 AND IGUANA GROVE, JUST -- BETTER MIND-SET OF WHAT WE'RE -- SO THIS NEXT SLIDE DEPICTS A SITE LAYOUT. TO THE RIGHT-HAND SIDE -- WHERE THE BUILDING IS PROPOSED HERE IN THE CENTER, WITH PARKING LARGELY SURROUNDING THE PROPERTY. AS YOU LOOK TO THE LEFT HAND SIDE, AGAIN, THAT IS PROPOSING MEDICAL FACILITY -- CENTER -- 25,975 SQUARE FEET. THIS NEXT THIRD BULLET POINT --

[00:05:02]

WILL CONSIST OF EVERYTHING, BUT LARGELY CONSISTS OF 12 EXAM ROOMS -- OFFICE SPACE AND CONFERENCE ROOM PROPOSED THAT'LL MAKE UP THE BUILDING . AND AS YOU GO TO THE BOTTOM, THERE ARE OPERATIONAL HOURS, LARGELY MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M. SOME DAYS THAT REQUIRED SURGERY TO START AROUND 7:00 A.M., CODIRECTING WITH THAT -- THIS NEXT SLIDE -- WHICH IS WHAT THE APPLICANT IS ASKING THE SPECIAL EXCEPTION FOR. SO YOU'LL SEE THE PARKING CHART HERE AT THE TOP RIGHT. THIS CHART WAS ALSO INCLUDED IN THE STAFF REPORT AND PACKET , AND THEN TO THE LEFT HAND SIDE HERE, KIND OF JUST A BREAKDOWN OF WHAT YOU SEE IN THE CHART. SO AGAIN, MEDICAL FACILITY REQUIRES ONE SPACE FOR 400 SQUARE FREE PRIOR TO THE ZONING ORDINANCE. THIS SECOND BULLET POINT, YOU TAKE THE TOTAL SQUARE FOOTAGE OF THE BUILDING, DIVIDE THAT BY 400, THAT GIVES YOU THE MINIMUM REQUIREMENT, WHICH IS 65 SPACES. WE ALLOW, FOR OUR ZONING ORDINANCE, A MAXIMUM 25% OF ADDITIONAL PARKING, WHICH WE'RE BRINGING, TAKE THAT 65 TO 82 SPACES. AND THAT'S USING AT THE BOTTOM, THE APPLICANT IS ASKING FOR 124 SPACES, WHICH IS 42 SPACES OVER THE MAXIMUM ALLOWED. AND SO THIS NEXT SLIDE KIND OF IS A STAFF ANALYSIS BREAKDOWN. THIS ISN'T UNCOMMON OF A MEDICAL FACILITY FOR SOME OF THESE REASONS MENTIONED -- VOLUME -- LONGER APPOINTMENT TIMES, LARGER STAFFING NEEDS, EMERGENCY AND SPECIAL VEHICLE PARKING. THESE ARE ALL KIND OF THE REASONS WHY THE APPLICANT IS ASKING FOR THIS, AND AGAIN, I CAN LET THE APPLICANT SPEAK A LITTLE BIT MORE TO THAT. HOWEVER, WE GOT ADDITIONAL NOTE AT THE BOTTOM THERE. WE, AS A CITY, HAS ALL FOUR APPROVED -- MIDLOTHIAN, APPROVED -- THAT WENT OVER 100+ SPACES FOR ADDITIONAL PARKING, AND THOSE WERE FOR SOME OF THE SIMILAR REASONS THAT WE MENTIONED HERE. SO WE DON'T FEEL LIKE ADDING ADDITIONAL PARKING. WE'LL TAKE THE SURROUNDING AREA. AND NO -- WE ARE RECOMMENDING APPROVAL AS PRESENTED. STAFF -- ANY QUESTIONS, THE APPLICANT IS ALSO -- AS WELL.

>> QUESTION. OKAY. DOES THE -- WISH TO SPEAK? OKAY. STATE YOUR NAME AND WHETHER YOU'RE A RESIDENT OF THE CITY.

>> MY NAME IS WILL HERMAN -- >> ARE YOU A RESIDENT OF THE

CITY? >> YUP. I'M JUST A -- HOWDY.

THANKS FOR HAVING ME. MY NAME IS WILL HERMAN. I'M THE ARCHITECT ON THIS PROJECT IT. WE'RE REQUESTING AN INCREASE FROM THE ALLOWED PARKING FOR THIS FACILITY. WE'RE EXCITED TO BRING STATE-OF-THE-ART -- CARE TO ELLIS COUNTY. IN DETERMINING THE NUMBER OF PARKING SPACES THAT WE'RE ANTICIPATING MEETING HERE, WE HAD TWO METHODS OF COMING UP WITH A NUMBER. WE FIRST COMPARED THE PROPOSED FACILITY TO OUR EXISTING FACILITY. THE EXISTING -- HAS ABOUT 7500 SQUARE FOOT OF -- AREA, AND 50 PARKING SPACES, WHICH SERVE IT ADEQUATELY, AND OUR VIEW CLINIC WILL HAVE 24,000, OVER 25,000 SQUARE FEET, BUT ABOUT 24,000 OF THAT BEING CLINIC SPACE, AND WE ARE REQUESTING 124 PARKING SPACES, WHICH IS UNDER THE, ABOUT 300% INCREASE THAT THIS CHANGE IN FACILITIES WILL BE EFFECTUATING. WE'RE ALSO, WE ALSO COMPARED OURSELVES TO COMPARABLE FACILITIES IN THE AREA, AND SO WE ARE NEXT-DOOR NEIGHBOR -- WHO'S FACILITY HAS ABOUT 22,000 SQUARE FEET, AND 115 PARKING SPACES, WHICH IS AROUND 163% OF THE ALLOWED PARKING REQUIREMENT. AND OUR FACILITY , AGAIN, HAS SHOWN IN THE SLIDESHOW, IS ASKING FOR ABOUT 151%, WHICH IS WRITING THE LINE WITH COMPARABLE FACILITIES AT HAPPY TO ANSWER ANY QUESTIONS THAT Y'ALL MAY HAVE, AND THANKS FOR YOUR TIME.

>> QUESTIONS? OKAY. THANKS, SIR. I DON'T HAVE ANYONE ELSE SIGNED UP, SO I'LL ENTERTAIN A MOTION. OH, I'M SORRY. MY, MY BAD. I WAS LOOKING DOWN THE LIST --

>> I WOULD MAKE A MOTION TO APPROVE AS PRESENTED.

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

[005 Consider and act upon a request for a Special Exception to Section 6.16.3.e.1 of the Subdivision Regulations relating to the paving standards for a driveway to be constructed on Lots 1 and 2, Block 4, Railport Business Park Addition. The site is located at 2900 Kemp Ranch Crossing, and is presently zoned Medium Industrial (MI) District and Heavy Industrial (HI) District. (M10-2024-111).]

SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, AYE.

>> AYE. >> ANY OPPOSED? IT IS UNANIMOUS. -- ACT UPON A REQUEST FOR A SPECIAL EXCEPTION TO SECTION 6.1 6.3.8.1 OF THE SUBDIVISION REGULATIONS RELATING TO THE PAVING STANDARDS FOR A DRIVEWAY TO BE CONSTRUCTED ON LOTS 1 AND 2, BLOCK 4, RAILPORT BUSINESS PARK EDISON. THE SITE IS LOCATED AT 2900 KEMP RANCH CROSSING, AND IS PRESENTLY ZONED MEDIUM INDUSTRIAL AND DISTRICT AND

HEAVY INDUSTRIAL DISTRICTS. >> OKAY. CHAIR MAN,

[00:10:08]

COMMISSIONER. THIS IS A SPECIAL EXCEPTION FOR AN ALTERNATIVE PAVING MATERIAL LOCATED AT 2900 KEMP RANCH CROSSING -- SAY THAT. IT IS FOR AN ALL WEATHER AGGREGATE SURFACE WITH A TWO INCH CHIP SEAL, 20 CHIP SEAL WITH A FIVE-YEAR TIMEFRAME. SO WITH THEY'RE PROPOSING IS A, A TEMPORARY ROAD. THEY WENT ON EXPANDING THE FACILITY, AND THAT THAT TIME REDEFINING IT, AND OUTPUT CONCRETE IN THAT TIME. -- LIGHT AND HEAVY INDUSTRIAL WITH AN SUP FOR PETROLEUM STORAGE FACILITY.

I'LL KEEP THIS BRIEF. IT WILL BE GATED, SO IT'S NOT GOING TO BE OPEN TO THE PUBLIC. IT'S 40 FEET WIDE AT MOST POINTS, WITH A, AN AREA WHERE THERE IS A SCALE, AND THAT AN AREA FOR TURNAROUND. THIS IS SHOWING IT IN CONTEXT WITH THE EXISTING FACILITY. STAFF RECOMMENDS APPROVAL OF THE POST SPECIAL EXCEPTION, AND I WANT TO ASK, I'M SORRY, QUESTIONS, IF YOU

HAVE THEM. >> QUESTIONS? OKAY. I'M SORRY.

>> WE'VE MADE THE MOST RECENT IS WE GAVE AN ALTERNATIVE PAVING SERVICE TO GRADE OUT ON THEIR FACILITY, THAT'S JUST TO THE WEST OF THE MIDLOTHIAN BUSINESS PARK. YEAH.

>> IT WENT ALL THE WAY THROUGH --

>> RIGHT. RIGHT. >> HANG ON. IS THE APPLICANT

PRESENT AND WISH TO SPEAK? >> I'M HERE AND I WISH TO

SPEAK. >> OKAY. COMMISSIONERS, ANYBODY HAVE QUESTIONS FOR THAT? OKAY.

>> AL MOVED TO APPROVE. >> SECOND.

>> WE HAVE A MOTION IN A SECOND.

>> BEFORE WE DO THAT, MARY? YOU'D MENTIONED SOMETHING --

>> OH, THAT'S RIGHT. SO THEY HAD REQUESTED THAT, IN THE ORDINANCE THAT WE ADD SOME LANGUAGE TO THE SECTION THAT SAYS THAT A CERTIFICATE OF OCCUPANCY WILL BE ISSUED UNTIL, FOR LOT TWO, UNTIL THEY DETERMINE THE PERMANENT CONDITION. AND WE JUST WANT TO AMENDED TO ALLOW THEM TO DO, LIKE, A SIX BY EIGHT HOUSE WHERE THEY DO THE SCALES SO THAT SOMEBODY CAN BE THERE, I GUESS, TO PROCESS.

>> I UNDERSTAND THEY'RE GOING TO HAVE TRUCKS -- AND SO THEY'RE GOING TO NEED A SMALL SCALE HOUSE OF, YOU KNOW, FOR, YOU KNOW, THAT PURPOSE. AND SO, AS WRITTEN, AS THE -- RIGHT NOW, IT WILL EXCLUDE -- SUGGEST A MOTION, I THINK -- STAFF IS GOING TO RECOMMEND THE MOTION INCLUDE AUTHORIZATION FOR LEASE, AND EXCEPTION TO THAT PROHIBITION, TO ALLOW FOR THE -- ALONG THAT ROADWAY, PENDING FINAL, YOU KNOW, WHATEVER LANGUAGE -- BASICALLY -- JUST BASICALLY CUT OUT, ALLOW THAT SCALE HOUSE -- AS AN EXCEPTION --

>> OKAY. >> I'LL MOVE TO APPROVE WHAT

HE JUST SAID THERE. >> I'LL MAKE SURE IT MAKES IT

INTO THE MINUTES. >> OKAY. ALL RIGHT. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? NOW, ALL IN

[006 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) to allow the use of Motor Vehicle Rental, being 1.635 acres of Lot 4A, Block 1 of the Midlothian Plaza Shopping Center-Rev., relating to U-Haul rentals for an existing convenience store with gasoline sales. The property is zoned Commercial (C) District, and is located at 110 East Main Street, west of George Hopper Road. (SUP20-2024-100)]

FAVOR, AYE? >> AYE.

>> ANY OPPOSED? NOW WE WILL MOVE TO PUBLIC HEARINGS. ITEM 6 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT TO ALLOW THE USE OF MOTOR VEHICLE RENTAL BEING 1.635 ACRES OF LOT 4A, BLOCK 1 OF THE MIDLOTHIAN PLAZA SHOPPING CENTER, RELATING TO U-HAUL RENTALS FOR AN EXISTING CONVENIENCE STORE WITH GASOLINE SALES. THE PROPERTY IS ZONED COMMERCIAL DISTRICT, AND IS LOCATED AT 110 EAST MAIN STREET, WEST OF GEORGE HOPPER

ROAD. >> ALL RIGHT, THANK YOU, CHAIRMAN AND COMMISSION. AGAIN, OUR NEXT CASE THIS EVENING IS FOR AGENDA ITEM 6 IN RELATION TO CASE NUMBER SEB 20-2024-100.

AGAIN, THIS IS FOR A SPECIFIC USE PERMIT TO ALLOW FOR THE USE OF MOTOR VEHICLE RENTALS FOR U-HAUL'S AT THE EXISTING SHELL GAS STATION IN -- PROPERTY. AGAIN, THE PROPERTY IS LOCATED AT, LOCATED AT 1110 EAST MAIN STREET, BEING JUST OVER AN ACRE

[00:15:03]

AND A HALF, AT 1.6.3 FIVE ACRES. AGAIN, THE, THE SUBJECT PROPERTY IS AN EXISTING SHELL GAS STATION AT STEAK AND SHAKE BUILDING, AND THE PROPERTY, THE PROPERTY IS ZONED COMMERCIAL.

THIS NEXT SLIDE JUST GIVE YOU A LARGER IMAGE OF THAT LOCATION EXHIBIT. AGAIN, JUST TO GET YOUR BEARINGS TO THE EAST HERE, TO THE RIGHT IS AUTOZONE, TO THE SOUTH IS A DENTAL OFFICE, AND TO THE WEST HERE IS THE MIDLOTHIAN PLAZA SHOPPING CENTER THAT INCLUDES -- THIS NEXT SLIDE OF THE SITE LAYOUT, SO, AGAIN, APPLICANTS -- A MOTOR VEHICLE USE -- TO THE PRIMARY USE OF THE GAS STATION AND STEAK AND SHAKE RESTAURANT.

PROPOSE THREE MAXIMUM MOTOR VEHICLE RENTALS. AND SO I KNOW THIS IS A LITTLE HARD TO READ ON THE IMAGE HERE TO THE RIGHT OF THE SCREEN, BUT THE TREE IS IN THE WAY, BUT IT'S SIGNALING THAT PARKING IS ALLOWED IN THE THREE SPACES CLOSEST TO THE LEFT OF THIS TREE. AND SO HERE IS A REAR VIEW. THIS WAS TAKEN, THIS PICTURE WAS TAKEN SEVERAL WEEKS BACK. THIS IS STANDING TO THE BACK OF THE PROPERTY, TAKING AN IMAGE OF WHAT THAT WOULD LOOK LIKE THERE. AND THEN STANDING TO THE FRONT ALONG EAST MAIN STREET, I KNOW THE POLE IS KIND OF IN THE WAY, BUT THIS IS ESSENTIALLY WHAT IT WOULD LOOK LIKE THERE, RIGHT AT THE FRONT OF THE PROPERTY. AND SO WE'VE LISTED THIS IN THE STAFF REPORT, HAVE -- READ THIS OUT FOR PRESENTATION PURPOSES AS WELL. SO WE LISTED THE PROPOSED REGULATIONS, I HAVE ONE, THE PROPERTY -- INCIDENTAL USE FOR MOTOR VEHICLE RENTALS, SO STARTING WITH NUMBER ONE, THE USE OF THE PROPERTY FOR MOTOR VEHICLE RENTAL PURPOSES SHALL ONLY BE -- NOT A PRIMARY USE. NUMBER TWO, NO MORE THAN THREE MAC VEHICLES OFFERED FOR RENT ON THE PROPERTY SHALL BE PARKED ON THE PROPERTY AT ANY ONE TIME. WE DO HAVE SOME SUB NOTES TO THAT. THIS RULE DOESN'T APPLY IF THE VEHICLE IS BEING RETURNED BY A CUSTOMER AFTER RENTAL, MORE THAN THREE VEHICLES ARE TEMPORARILY PARKED DUE TO A RETURN, AND THE BUSINESS MUST REDUCE THE NUMBER OF THE MAX OF THREE WITHIN THE FOLLOWING CRITERIA. IT MUST BE -- WITHIN ONE HOUR OF THE VEHICLE'S RETURN, ANYWHERE BETWEEN 7:00 A.M. TO 9:00 P.M., WHICH IS ROUGHLY OPERATIONAL HOURS , AND THE SECOND POINT, BY 8:00 A.M. THE NEXT MORNING, IF THE VEHICLE'S RETURNED AFTER 9:00 P.M. OR BEFORE 7:00 A.M., WHICH IS ROUGHLY AFTER OPERATIONAL HOURS. SO GOING TO THE NEXT SLIDE OF THE THREE, MOTOR VEHICLES LOCATED ON THE PROPERTY AVAILABLE FOR RENT, SO BE PARKED ONLY IN THREE SPACES, WHICH WAS IN THAT IMAGE THAT WE SHOWED YOU A FEW SLIDES AGO, ADJACENT TO THAT TREE. YEAH. SO -- GOING IN FOR MOTOR VEHICLES PARKED ON THE PROPERTY AND AVAILABLE FOR RENT SHALL BE LIMITED TO PICKUP TRUCKS, CARGO VANS, AND BOX TRUCKS ARE RELATED TO U-HAUL. NOT SEEN A LENGTH OF 20 FEET. NUMBER FIVE, NO SIGNS OF THE PROPERTY. NO SIGNS, NO ADDITIONAL SIGNS SHOULD BE ADDED ON THE PROPERTY ADVERTISING FOR THE USE OF THE MOTOR VEHICLE RENTAL, WITH THE EXCEPTION OF A SIGN INDICATING WHERE TO KEEP DROP OFF AND PICK UP BOXES IS ON THE PROPERTY.

LASTLY, NUMBER SIX, ADDITIONAL NOTES. A, NO VEHICLE REPAIRS SHALL BE DONE WITH THE PROPERTY -- ANY OTHER ITEMS IS ALLOWED ON THE PROPERTY. SEEING NO TRAILERS AND NONMOTORIZED RENTALS OTHER THAN WHAT WE MENTIONED BEFORE SHALL BE ALLOWED ON THE PROPERTY. LEASING OUT 70 LETTERS WITHIN 200 FEET, SO SURROUNDING THE PROPERTY OWNERS TO THIS POINT, WE HAVEN'T RECEIVED ANY LETTERS OF SUPPORT OR OPPOSITION. STAFF IS RECOMMENDING APPROVAL. AGAIN, WE FEEL LIKE THE CRITERIA THAT WE JUST MENTIONED DOES KIND OF HELP PROTECT THE PROPERTY, AS WELL AS SURROUNDING PROPERTIES, AND WE THINK THAT IT WON'T HAVE A NEGATIVE EFFECT ON THE SURROUNDING AREA. STAND FOR ANY QUESTIONS, AND THE APPLICANT'S

ALSO HERE AS WELL. >> SESSIONS FOR STAFF?

>> COLBY, ARE THEY ALREADY DOING THAT? THAT -- HAD A

U-HAUL. >> IT DID. SO, YES. THEY ARE.

SO HOW THIS CAME ABOUT TO US, IT WAS RELATED TO OUR ZONING INSPECTOR, HEY, THIS IS HAPPENING AT THIS PROPERTY. WE WENT TO THE PROPERTY UNTIL THEM, HEY, THIS HAS TO STOP, YOU HAVEN'T APPLIED FOR A SPECIFIC USE PERMIT, WHICH IS WHY, HOW THE APPLICANT CAME. SO YES, I TOOK THAT PICTURE BACK WHEN WE FIRST HEARD ABOUT IT TO KIND OF GET DIFFERENT ANGLES OF WHAT THAT WOULD LOOK LIKE, BUT, YES, THEY DID START DOING THAT

PRIOR TO, YOU KNOW, APPROVAL. >> OKAY, SO THAT BRINGS UP MY, MY WEIRD MIND. WHAT -- SO IF WE PUT ALL THESE RESTRICTIONS IN THERE, BECAUSE THEY WERE ALREADY DOING WITH WITHOUT APPROVAL, WHAT, WHAT ARE THE CONSEQUENCES TO THIS?

>> RIGHT. SO ESSENTIALLY, THE RESULT IS, TO ANSWER YOUR QUESTION, WHAT THEY WERE DOING BEFORE, THERE WAS NO RECOLLECTION I DO IT ALL. THEY WERE JUST DOING IT WITH THE ASSUMPTION THEY DIDN'T KNOW THEY HAD TO COME THROUGH THIS PROCESS. THIS, COMING THROUGH THIS PROCESS, IF YOU GUYS WERE TO CHOOSE TO APPROVE IT AS REPRESENTING IT, IF PLACES ALL OF THOSE REGULATIONS ON IT. SO, FOR EXAMPLE, WE MENTIONED THAT

[00:20:01]

IT SHOULD BE NO MORE THAN THREE OF THOSE VEHICLES THERE. RIGHT NOW, THERE'S NO, THEY'RE OPERATING WITHOUT, WE'RE OPERATING WITHOUT ANY REGULATIONS ON THAT PROPERTY.

WE ALSO HAD AN EXAMPLE OF, DURING STARTING HOURS, IT MIGHT BE REDUCED BACK DOWN -- VEHICLES DROPPED OFF. SO ALL OF THESE REGULATIONS, IF YOU GUYS ARE ULTIMATELY COUNTING -- TO APPROVE THE THAT'S WERE PRESENT IT, IT WILL HELP THAT THESE REGULATIONS IN PLACE TO HELP KIND OF MODIFIED NOT ONLY THE SUBJECT PROPERTY, BUT HELP NOT HAVE A NEGATIVE EFFECT ON

THE SURROUNDING PROPERTIES. >> WHO POLICES THAT, AND WHAT IS THE PENALTY IF THEY DON'T ADHERE TO THE, THE RULES?

>> RIGHT. SO I WOULDN'T SAY THAT WE'RE, WE WOULD GO OUT EVERY SINGLE DAY POLICING IT. OUR ZONING INSPECTOR GOES OUT, AND HE DOES -- THROUGHOUT THE CITY, SO IT WERE TO BECOME A PROCESS, HEY, THEY GOT, LIKE, FIVE OR SIX OUT THERE, THEY ONLY SUPPOSED TO HAVE THREE, HE WOULD LET US KNOW AND WE'D FOLLOW UP WITH THE APPLICANT. HOWEVER, WITH THE CONSEQUENT OF THAT WOULD BE IS, WE'LL SEND A LETTER. FIRST OF ALL, EVENTUALLY THEY'LL GET FINED. THEY'LL START GETTING FINE.

HOWEVER, THAT WILL BE OUR FIRST STEP. WE'LL WORK WITH THEM, VERBAL COMMUNICATION, HEY, THIS IS WHAT THE REQUIREMENT IS, JUST LETTING YOU KNOW. IF IT ULTIMATELY GETS TO THAT POINT, HAS A WRITTEN WARNING, THEN, YOU KNOW, -- START FINDING --

APPLICANT. >> OKAY.

>> WAS THE APPLICANT AGREEABLE TO YOUR TERMS?

>> IT WASN'T PREFERRED, BUT THEY UNDERSTAND THIS IS THE

ROUTE THAT WE WERE -- >> YEAH. JUST TO GIVE YOU SOME OF MY THINKING ON SOME OF THE DRAFTING, FIRST OF ALL, THE, THE VERBOSE NESTS REGARDING THE PARKING SPACES WAS LARGELY IN PART BECAUSE I WANTED TO MAKE SURE WE KNEW WHERE THEY WERE, BECAUSE WE COULDN'T, I COULDN'T SEE THE PARKING SPACES FOR THE TREE EITHER, AND SO I WANT TO MAKE SURE THEY WERE, YOU KNOW, WE CLEARLY HAD THAT TEXT IN PLACE. THE OTHER THING WAS, WAS THEY MENTIONED THEY WOULD POSSIBLY HAVE A KEY DROPBOX, AND SO WE DID MAKE ALLOWANCES FOR, YOU KNOW, AT LEAST SOME ALLOWANCES FOR SOME TIME WHEN PARKING PEOPLE DOING I DRIVE, YOU KNOW, SAY AT 2:00 IN THE MORNING, THEY'RE NOT UP AND AFTER 11:00, PRESENTLY, IN THE CURRENT, THEIR CURRENT HOURS. SO WE DIDN'T WANT TO DING THEM FOR SOMEBODY WHO IS DROPPING IT OFF IN THE MIDDLE OF THE NIGHT. BUT, CONVERSELY, WANT TO MAKE SURE THAT AND LEAST SECURED THAT -- PARKING BY, YOU KNOW, A COUPLE HOURS AFTER THEY OPEN THE NEXT MORNING, YOU KNOW, SO THAT WAS A REASON FOR, KIND OF, -- BEHIND THE TIMES THAT WERE SET FOR THE REMOVAL, THE, YOU KNOW, -- THERE. SO WE TRIED TO WORK WITH THEM TO MAKE SURE THAT THESE COULD WORK IT REASONABLY, BUT, AS COLBY SAID, THE IDEA AND CONCEPT HERE, I MEAN, THIS IS A PROPERTY RIGHT OFF THE MAIN STREET, AND SO, YOU KNOW, THAT'S A FAIRLY VISIBLE LOCATION , HIGHLY TRAFFICKED. AND SO WE JUST WANT TO MAKE SURE, NOT ONLY FROM THE STREET, BUT ALSO FROM THE BACKSIDE OF THE PARKING LOT, WHERE THOSE STORES ARE. AND SO WE WANT TO MAKE SURE WE AT LEAST HAD SOME KIND OF GUIDELINES THAT WERE PRETTY CLEAR ON HOW FAR THEY CAN GO WITH OPERATING BEYOND WHAT THEY HAD WITHOUT THESE --

>> SO THE ONLY THING I SEE ON HERE IS MOTOR VEHICLES. WERE THEY NOT GOING TO BE ALLOWED TO STORE TRAILERS?

>> RIGHT. SO THE ONLY THING THAT WE WOULD ALLOW, GOING BACK TO NUMBER FOUR YEAR, MOTOR VEHICLES PARKING ON THE PROPERTY FOR RENT ONLY BE LIMITED TO THOSE PICKUP TRUCKS ON THE CARGO VANS, AND THOSE BOX TRUCKS, WHICH IS THE BOX TRUCK IS WHAT YOU SAW IN THAT IMAGE THERE. BUT, AGAIN, GOING BACK TO THIS LAST NOTE, NO VEHICLE PAIRS ARE ALLOWED, NO -- TRAILERS ARE NOT MOTORIZED RENTALS ARE ALLOWED. SO IF THEY WOULD LIKE TO ALLOW FOR THAT, THEY WOULD HAVE TO -- BUT WE'RE REQUESTING THAT THAT ISN'T ALLOWED BECAUSE WE JUST DON'T FEEL COMFORTABLE SUPPORTING THAT.

>> WELL, I DON'T HAVE A HUGE ISSUE WITH PICKUPS AND CARGO VANS. I'M, I'M NOT, NOT THRILLED PUTTING A 20 FOOT --

BACK THERE. >> OTHER QUESTIONS OR COMMENTS TO STAFF? OKAY. IS THE APPLICANT PRESENT AND WISH TO SPEAK? IF YOU WOULD COME UP AND IDENTIFY YOURSELF, YOUR

ADDRESS. >> THANK YOU, CHAIR MAN, GENTLEMEN, GENTLE LADIES. SO I'M IN THE BUSINESS FOR THE

LAST -- >> IF YOU WOULD IDENTIFY YOURSELF, SIR, AND YOUR ADDRESS.

>> -- >> OKAY.

>> AND I'M -- THE LAST 27 YEARS.

>> OKAY. GO AHEAD. >> -- GAS STATION FOR ALMOST 30

[00:25:02]

YEARS. >> OKAY.

>> YEAH, AND I DID APPRECIATE -- OPERATE AND HELP US AND GUIDE US THROUGH THIS. WHEN WE STARTED, WE DIDN'T KNOW EXACTLY WHAT THE PLAN WAS -- U-HAUL, AND -- AFTER WE GOT, YOU KNOW, EMAILS FROM THE -- AND HE CALLED US, AND WE -- YOU KNOW? I JUST WONDER -- YOUR TIME -- AND UNDERSTANDING OF THIS BUSINESS HAS HELPED MANY BUSINESS AROUND IT, AND ALSO, IT'S BEING MORE -- FOR THE CITY, AND -- FOR THE BUSINESS IN OUR CITY -- SECONDLY, I WANT TO MAKE, WE DO HAVE MORE THAN 48 -- 26 ACRES LAND, AND THROUGH BUSINESS, BASICALLY RESTAURANT, AND ANYMORE STORES. NOT THAT MUCH REQUIRED PARKING'S, YOU KNOW? THIS WASN'T -- SO IF I WERE TO REQUEST, YOU KNOW, I KNOW YOU GUYS WOULD BE PRESENT FOR THE THREE -- BUT I WOULD REQUEST TO FIVE, AT LEAST, BECAUSE WHEN YOU LOOK AT -- NINE PARKING'S, YOU KNOW? AND WE ARE NOT TRYING TO DROP ALL OF THE NINES, BUT AT LEAST WE WOULD APPRECIATE IT

IF YOU, YOU KNOW -- >> OKAY.

>> AND THAT'S MY -- WE HELP US TO, YOU KNOW, FOR OUR --

>> QUESTIONS TO THE APPLICANT?

>> SO WHERE DO YOU, LIKE, IF YOU GET A VEHICLE THERE THAT'S, LIKE, THE FOURTH ONE, IN THIS INSTANCE, WHERE DO YOU TAKE IT TO? WHERE'S YOUR, WHERE'S YOUR HOLDING POT?

>> SO THIS IS GOING TO BE, YOU KNOW, AS A U-HAUL -- ONLY ALLOWED -- WE HAVE -- ASK THEM TO KEEP ONLY FIVE, AND ONLY THREE. THE PROBLEM IS, WHEN DURING THE WEEKEND, SOMETIMES SOME PEOPLE LOOK AT ONLINE, AND THEN THEY JUST WANT TO DROP OFF

HERE. >> RIGHT.

>> SO IN THAT TIME OF AREA, MAYBE -- BY PARKING.

>> UNDERSTOOD THAT, BUT WHERE DO YOU TAKE IT TO ONCE IT

LEAVES THEIR PROPERTY? >> THE U-HAUL HEADQUARTER

CENTER NEARBY. >> WHERE'S THAT?

>> -- YEAH. >> MY NAME IS -- I ACTUALLY SAW, IN THIS PROCESS, WE HAVE TO COME TO THE AREA, 3030 MANAGER , AND, LIKE, FOR AN EXAMPLE, IF WE RECEIVE THE EXTRA OFFER THE THIRD ONE. LIKE, FOURTH, FIFTH, THIRD, SIXTH. WE HAVE TO CALL THEM, AND WE HAVE TO REQUEST MORE FROM THEM. AND I THINK I'M MOVING TO THE HIGHWAY 67, OR MIGHT BE ON THE GARLIC. YEAH. AND I'M NOT SURE WHERE, WHERE, YEAH, I'M LIKE, WAREHOUSE AND ENTITY --

>> OKAY, SO YOU HAVE ENOUGH PEOPLE WORKING THERE TO WHERE IF YOU GET TOO MANY IN ONE MORNING, YOU COULD TAKE THEM

AWAY? >> I HAVE TO CALL THEM, AND I HAVE TO REQUEST THEM. SO IF INCIDENT HAPPENED YESTERDAY WHEN CUSTOMER CAME AND THERE WAS, LIKE, TRYING TO PARK THE NEAREST LOCATION OF THE U-HAUL. SO THEY FOUND, LIKE, THE GAS STATION, AND THEY COME OVER THERE. AND THEY LEFT THE KEY INSIDE THE TRUCK. SO IN THAT CASE, LIKE, YOU KNOW, THEIR TRUCKS COME FROM NOWHERE. IT WAS NOT IN OUR INCOMING LEASE, BUT THE CUSTOMER, AND THEY LOOKED HIMSELF OVER THE -- SO IN THAT CASE -- THE MANAGER. AND HE SENT SOME TECHNICIAN TO PICK UP THE WHOLE ENTIRE TRUCK.

>> SO YOU HAVE NO WAY OF LIMITING WHAT VEHICLE --

>> YES. WE CAN, ON THAT TIME, WE CAN GO TO THE MANAGER WHO STOPPED THE INCOMING, LIKE, FLOOR, WE CAN TELL THEM TO JUST TURN IT OFF, LIKE, FOR A CERTAIN -- OF TIME. ONCE I GET, LIKE, OUT OF SOME OF THE TRUCK --

>> SURE, BUT MY POINT IS, YOU CAN'T, IF SOMEBODY WANTS TO RETURN 24 OR 26 FOOT -- YOU CAN'T STOP THEM FROM

RETURNING? >> OR WE CAN TELL THEM TO, WHAT THE CUSTOMER CAN -- NEARBY THE LOCATION, YEAH. WE DO THAT

OPTIONAL -- >> WHEN WAS THIS A SHELL STATION BUILT? WAS THAT AROUND 2001 IT WAS CONSTRUCTED? DO YOU

RECALL THE DAY? >> --

>> OKAY. AND YOU'RE RIGHT NEXT TO THE OLD DAVID'S GROCERY

STORE, CORRECT? >> YOU KNOW, I'M --

>> IT'S A GEM NOW. THERE'S A GEM.

>> OKAY. YEAH. AND THE PARKING LOT, I'VE NEVER SEEN THAT PARKING LOT COMPLETELY FULL. HAVE YOU? OKAY, THANKS.

>> SO GOING BACK TO HIS QUESTION, IF YOU HAVE TO GET

[00:30:06]

RID OF A VEHICLE, DO YOU CARRY IT TO U-HAUL, OR DID THEY COME

PICK IT UP? >> THEY, THEY --

>> THEY COME AND PICK IT UP. YOU CALL THEM, AND THEN THEY

COME GET -- OKAY. >> -- HEADQUARTERS.

>> BUT THE ORDINANCE SAYS ONE HOUR.

>> OKAY. SO HE MENTIONED ON THE EMAIL ABOUT THE ONE HOUR -- BUT I EXPLAINED TO THE ENTIRE, LIKE, THIS -- THE CUSTOMER COMES UP WITH -- -- INFORM THE U-HAUL MANAGER. IF HE'S AROUND, THEN IT WILL INAUDIBLE ] IF NOT, THAT HE HAS TO ASSIGN HIS EMPLOYEE TO COME AND PICK IT UP, THE TRUCK. SO WE CAN SAY, LIKE, YOU KNOW, TWO TO THREE TO 24 HOURS. IN BETWEEN THERE.

>> SOMETIMES THEY ARE BUSY OR SOMETIMES AT THE HOLIDAY, YOU KNOW -- THAT'S NOT WHAT IT SAYS. IT SAYS WITHIN ONE HOUR, IF IT'S DROPPED OFF OVERNIGHT. YOU CAN'T DO THAT.

>> YEAH, WE TRY. THAT'S WHAT WE --

CASES. >> COMMISSIONER BLAND, I'LL JUMP IN REAL QUICK. SO THEY'RE CORRECT. THEY, THEY ARE ASKING FOR TWO OR THREE HOURS AS OPPOSED TO THE ONE HOUR. THE REASON WE'RE ASKING FOR THAT ONE HOUR IS BECAUSE OUR FEAR IS THAT INSTEAD OF THREE, YOU KNOW, AS PEOPLE DROP THEM OFF, YOU KNOW, WE MAY HAVE A LOT OF SEVENS SITTING OUT THERE UNTIL WE'RE, WE'RE FULLY UNDERSTANDING OF THE SITUATION . IF SOMEONE CAN'T, IF THEY CAN'T MOVE IT, SOMEONE FROM U-HAUL HAS TO COME GET IT. BUT WHAT WE'RE FEARFUL OF IS THAT, YOU KNOW, OKAY, YOU HAVE TWO, THREE EXTRA PEOPLE, AND DROP IT OFF, AND NOW WE'RE SITTING WITH SIX INSTEAD OF THE THREE.

AND SO THAT'S WHERE WE'RE COMING FROM. BUT SAYING THAT WE UNDERSTAND WHERE THEY'RE COMING FROM IS --

>> IF I'M UNDERSTANDING THE APPLICANT, THOUGH, THEY'RE SAYING THEY CAN'T COMPLY WITH THE ONE HOUR THIS STAFF IS RECOMMENDING. THAT'S WHAT I'M HEARING.

>> THEY'RE SAYING UP TO 24 HOURS.

>> YEAH. I THINK -- >> KNOW, SO FAR, WE ALWAYS -- TODAY, LIKE, NOW --

>> BUT YOU'RE, U-HAUL'S CORPORATE OFFICE HAS UP TO 24 HOURS TO COME PICK THAT VEHICLE UP, THOUGH.

>> YES. >> YES.

>> ANYBODY ELSE? OKAY, THANK YOU VERY MUCH. I DO NOT HAVE ANYBODY SIGNED UP, SO I WOULD ENTERTAIN A MOTION.

>> MAKE A MOTION TO CLOSE. >> SECOND.

>> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. ALL IN

FAVOR, AYE. >> AYE.

>> ANY OPPOSED? >> OKAY, SO WE DON'T, IF WE DON'T APPROVE THIS, IS IT UNREGULATED?

>> KNOW, IF YOU DON'T APPROVE IT, IS PROHIBITED.

>> I, I MEAN -- >> SO -- JUST LIKE RIGHT NOW,

IT'S UNREGULATED, RIGHT? >> RIGHT NOW, IT'S PROHIBITED.

THEY SHOULD HAVE BEEN DOING IT IN THE FIRST PLACE. I

UNDERSTAND. >> THESE SAYING THERE WASN'T, THERE WASN'T ANY REGULATIONS THAT WOULD ALLOW IT. THESE WOULD ALLOW IT WITH THESE GUIDELINES, BUT PRESENTLY, IT'S PROHIBITED. IT REQUIRES A SPECIFIC USE PERMIT TO EVEN DO

THIS FUNCTION. >> OKAY.

>> OKAY. >> I JUST LIKE TO SAY, I'VE BEEN USING THIS GAS STATION FOR 25 YEARS, AND I'VE NEVER SEEN THE PARKING LOT FULL. SO, I MEAN, I DON'T THINK THE CROWDING IS AN ISSUE. I THINK THAT WHEN THIS WAS DESIGNED, THE ONLY GROCERY STORE WE HAD THAT TIME WAS DAVID'S.

BROOKSHIRES WAS JUST GETTING BILLED AT THIS TIME. THIS WAS, LIKE, TOWNCENTER, AND I THINK WE PROBABLY PUT MORE PARKING SPACES AND REQUIRED MORE THAN WE NEEDED FOR A GAS STATION. AT THAT POINT IN TIME. AND BROOKSHIRE, AND, LIKE, BROOKSHIRES PARKING LOT IS NOW THE, IT'S FULL QUITE A BIT.

[00:35:02]

THIS PARKING LOT IN DAVID'S USED TO BE FULL. I DON'T THINK WE'RE SEEING THAT. I DON'T WANT TO ENCOURAGE THEM TO PARK OVER IN DAVIDS, BUT I THINK -- WILL DROP OFF. AND I DON'T THINK IT'S GOING TO BE A PROBLEM THAT HURTS ANYBODY. I DO KNOW I HAVE HAD TO PICK UP U-HAUL'S BEFORE, AND I KNOW THAT THE CURRENT LOCATION THING IS OUT, KIND OF AT ONE OF THE STORAGE CENTERS. I'VE HAD TO DO THAT. SO, I MEAN, I THINK THERE IS A USE FOR U-HAUL'S. WE HAVE LOTS -- MOVING IN. I THINK IT'S A SERVICE THAT, OBVIOUSLY, THEY'RE DOING IT.

IT WORKS. YOU KNOW, I PROBABLY WOULD'VE BEEN IN FAVOR OF THE FIVE. I HAPPILY ACCEPT THE THREE IF THAT'S WHAT THE STAFF RECOMMENDS. BUT I THINK IT'S A GOOD USE. I DON'T THE TIGRE PROBLEM. I THINK THAT, YOU KNOW, WHETHER WE DO THREE HOURS OR ONE HOUR, I THINK IT'S PRETTY EASY TO DO RIGHT NOW FOR THE BEDROCK OF A TRUMPET AND GET A UBER DRIVER BACK. THEY DON'T HAVE TO HAVE SOMEONE IN THE SHOP THERE THAT'S THERE TO BURY TWO DRIVERS BACK AND FORTH. SO, I MEAN, I THINK A LITTLE FLEXIBILITY. I THINK WE HAVE AN ORDINANCE WITH TEAMS IN IT. IF THEY VIOLATE IT, AND THERE'S OVER PARKING AND PROBLEMS THAT WE BEGIN TO SEE, IF THERE'S 20 CARS AND THEY'RE CROWDING A LOT, THERE'S NO PARKING IN DAVIDS, THEN, YEAH, WE KNOW THAT'S A PROBLEM, AND WE CAN CONTROL IT. BUT I, THERE HAS NOT BEEN A PROBLEM WITH THIS IN THE PAST. I DON'T THINK WE'VE HAD ANY CITIZEN COMPLAINT ABOUT IT. THE STAFF COULD MAYBE ADDRESS THAT. IF WE HAVEN'T HAD CITIZEN COMPLAINTS, THEY'VE BEEN DOING IT, I WOULD FAVOR APPROVAL.

>> I HEAR WHAT YOU'RE SAYING, BUT I DON'T FEEL COMFORTABLE APPROVING SOMETHING THAT THEY CAN'T MAKE, I MEAN, -- SAYS ONE HOUR, THEY'VE ALREADY SAID THEY CAN'T DO IT.

>> AND I WOULD AGREE WITH THAT. I WOULD, THAT'S WHAT I WAS GETTING READY TO SAY. I WOULD JUST HAVE A PROBLEM PASSING SOMETHING THEY ADMIT THAT THEY CAN'T COMPLY WITH, BUT THIS

WOULD MAKE SENSE TO ME. >> AND, AND FRANKLY, I THINK, BETWEEN, YOU KNOW -- THE DRAFTING OF THIS, THE ONE HOUR WAS SOMEWHAT ARBITRARY, BASED ON OUR THOUGHTS OF, YOU KNOW, THE IMPACT REGARDING THE, REGARDING THE EFFICIENT PROPERTIES, AND, FRANKLY, I DON'T THINK EITHER OF US HAVING THIS LEVEL OF DETAIL THAT WE JUST GOT FROM THE APPLICANT REGARDING THE OPERATIONS AND THE RETURN OF THE TRUCK. SO, I MEAN, I'LL TURN TO COLBY ON WHETHER HE HAS A PROBLEM WITH TAKING IT TO THREE HOURS AND ALLOWING THE

INITIAL TIME -- NOT RETURNS. >> YEAH. AGAIN, I DON'T LIKE A MINUTE AGO. WE'RE JUST TRYING TO HAVE THESE REGULATIONS IN PLACE TO PERTINENT, YOU KNOW, INSTEAD OF THREE NOW WE GOT EIGHT SITTING OR HOWEVER MANY ON THE PROPERTY THAT ONCE -- AND THEN ALSO WITH THE MORE CARS, YOU GET, YOU KNOW, AS YOU GET CLOSER, LIKE, THIS IS WHAT IT LOOKS LIKE -- SECOND PARKING PLACE CLOSEST TO THE TREE. THIS IS WHAT YOU SEE FROM THESE MAIN STREET -- THE CLOSER YOU GET TO SEEING THAT ALONG EAST MAIN STREET. SO, AGAIN, THAT'S THE MAIN THING WE'RE TRYING TO PREVENT. FULLY UNDERSTANDABLE -- MORE TIME. WE'LL LEAVE THAT UP TO YOU. WHAT WE'LL PRESENT TO YOU GUYS IS WHAT WE FEEL COMFORTABLE WITH, IF YOU GUYS DECIDE TWO HOURS IS GOOD, IF YOU GUYS DECIDE THREE HOURS IS GOOD, WE'LL LEAVE THAT UP TO

YOU GUYS. >> ONE OF THE THINGS -- ALSO, THIS CAME TO MIND AGAIN -- WE HAD HAD A NO SIGN PROHIBITION, EXCEPT FOR A LOCATION OF THE KEY DROP. WHAT WE MIGHT DO IS GO AHEAD AND AUTHORIZE LOCATION SIGNS TO WHERE THE TRUCKS ARE TO BE PARKED. SO THEY COULD PLACE. SO, YOU KNOW, WHETHER IT'S THREE OR FIVE, IF THEY COULD PLACE, YOU KNOW, THEY COULD ACTUALLY GO AHEAD AND SAY PARK, PARK METAL TRUCKS HERE OR SOMETHING LIKE THAT. SO AT LEAST THOSE COULD BE PLACED AT THE, AT THE PARKING SPACES, SO THEY'RE NOT PARKED RANDOMLY

AROUND THE PROPERTY. >> YEAH. I LIKE THAT IDEA.

>> SO, COLBY, I, MY NEXT QUESTION WOULD BE, WHAT, DO WE KNOW WHAT THE BIG, OR LARGEST NUMBER OF RENTALS ARE, OR THE PICKUP TRUCKS, OR THE VANS, OR THE 20 FOOT BOB TALES, WHAT'S

THERE WENDELL? >> I HAVE TO LET -- SPEAK TO THAT. FROM MY UNDERSTANDING, EVEN THOUGH WE MENTIONED -- FOR MY UNDERSTANDING, THIS IS ALL I SEE NO VOC TRUCKS AND DIFFERENT LINT SIZES. HOWEVER, WE ALSO MENTIONED, LIKE, THE PICKUP TRUCK IN THE VAN. WE WOULD BE OKAY WITH IN ADDITION TO THE BOX TRUCK. BUT FROM MY UNDERSTANDING, THIS IS ALL I'VE SEEN CURRENTLY AT THE PROPERTY.

>> I DID ACTUALLY -- I ACTUALLY DID GO TO THE U-HAUL WEBSITE AND CHECK THE TRUCK SIZES. AND THEY'RE, YOU KNOW, I CAP IT AT THE 20 FOOT, BECAUSE THAT'S BASICALLY JUST SLIGHTLY OVER THE LENGTH OF OUR PARKING SPACES, BUT, YOU KNOW, U-HAUL DOES RENT A 26. AND SO THAT'S WHY I DID, THAT'S WHY I CAP IT AT THE 25. BECAUSE I KNEW THIS 26 -- SO. AND SOMETHING SIMILAR, AND KIND OF SIMILAR WITH THE TRAILER THOUGHT TOO, IS DUMPING OFF THE TRAILER -- PROBABLY -- EXACTLY -- THE

TRUCKS. THE LESS MOBILE. >> LIKE I SAID, I'M NOT, I'M NOT COMPLETELY OPPOSED TO IT. TRUCKS, VANS, I MEAN, EVEN THE

[00:40:05]

SMALLER BOX TRUCKS, OR VAN FRONT, IF YOU WILL. 20 GETS PRETTY LARGE. I MEAN, LIKE I SAID, AND, OF COURSE, THAT'S JUST MY OPINION. IT DOES LOOK OUT ONTO MAIN STREET. THEY'RE DRIVING BY, YOU'RE GOING TO SEE THEM. IT'S JUST A CONCERN,

SO I'LL LET IT GO WITH THAT. >> IS, I THINK, IS THAT THE ONLY, WOULD BE THE ONLY U-HAUL FACILITY IN MIDLOTHIAN?

>> FOR DROP-OFF AND PICKUP? >> NO.

>> BECAUSE I KNOW THERE USED TO BE ONE OF THE FEED STORE.

>> THERE'S ONE OUT AT THE STORAGE FACILITY ON 67TH.

>> OKAY. >> ACTUALLY, I THINK THERE'S TWO, BECAUSE THERE'S NOT ONE, AND THEN THERE'S ONE ACROSS THE, ON THE OTHER SIDE OF THE FREEWAY AT THE STORAGE ROOM

FACILITY AS WELL. >> AND I'M, I'M ASSUMING THAT THE LOWE'S IS GOING TO HAVE RENTAL TRUCKS -- LIKE ALL LOWS DO, AND WE'RE GOING TO BE ABLE TO SEE THEM FROM THE SAME

STREET. >> I THOUGHT WE WERE -- CAN'T

REMEMBER. NO. >> YEAH, I, I THINK IT'S A SERVICE THAT'S NEEDED, THAT WE COULD USE THE EXISTING SPACE THAT WE HAVE THAT STRESS SITTING THERE EMPTY, AS LONG AS WE'RE IN THE GUIDELINES, OR RESPECTIVELY TRYING TO UPHOLD

THE GUIDELINES. >> I GUESS THE CONCERN I HAVE IS NOT WHAT THEY'RE RENTING OUT, BUT WHAT'S COMING IN.

THIS SPACE THAT THEY'RE DROPPING IT OFF AFTER HOURS , I SUSPECT YOU'RE PROBABLY GOING TO SEE TRAILERS AND LARGER VEHICLES THERE, AT LEAST FOR SOME HOURS, AND THAT'S,

THAT'S A CONCERN TO ME. >> WELL, AGAIN, WE WILL BE LIMITING THEM, YOU KNOW, IF, IF THIS IS ULTIMATELY APPROVED, THE VAN, THE BOX TRUCK, AS YOU SAW IN THE PICTURE, AND THEN THE STANDARD PICKUP TRUCK AS WELL. SO THERE SHOULDN'T BE ANY TRAILERS IF WE GO WITH, WITH -- I THINK THE MAIN THING IS, YOU KNOW, SPEAKING -- SOME OF YOU ARE OKAY, BUT I THINK THE MAIN THING IS TRYING TO SEE THE, THE HOURS THAT WE MENTIONED ONE HOUR HERE. I GUESS JUST WHATEVER GOT INTO THEM. AGAIN, THIS IS OUR SUGGESTION --

>> I MEAN, IF THE APPLICANT OKAY WITH, LIKE, FOUR HOURS, JUST TO BE SAFE. THAT BASICALLY MEANS IF IT'S FOUR HOURS, THAT MEANS IF SOMEONE WHO'S UNCOMFORTABLE LOOKING AT TOO MANY TRUCKS SEATED MORNING, THEY'LL BE GONE BY THE TIME THEY COME BACK, SO THEY WON'T SEE THEM TWICE A DAY, SO, YOU KNOW, I THINK FOUR HOURS, CAN THE APPLICANT DO FOUR HOURS? SEE A NOD, YES.

OKAY. >>

>> I DON'T WANT TO GET -- COMES, THEY DON'T CARE. THEY WOULD SAY, OKAY, IT'S NOT MY PART OF THE WORK. THEY WOULD LEAVE IT AS IT IS. SO I HAVE TO COME ANYHOW IN THE 24 HOURS. SO EVERY MORNING, I'M HERE --

2:00, SEE? >> SO WHAT YOU'RE SAYING IS, IF WE SAY THAT BY A CERTAIN TIME EVERY DAY, ALL THE VEHICLES WILL BE OFF THE , THERE, THERE WILL BE NO MORE, SO IF WE SET OUR TIME OF INSPECTION AT, LIKE, 5:00, THERE WILL BE NO MORE. THAT'S, THAT OUR INSPECTION TIME.

>> OKAY, SO RIGHT NOW, WHAT WE'VE GOT SET UP THERE, THEY

OPEN AT 6:00. >> MORNING, 6:00.

>> THAT'S ALREADY TWO HOURS AFTER THE STORE OPENS. SO, AND I'VE GOT IT GOING FROM 6:00 TO, YOU KNOW, SO UNTIL 8:00, IF IT'S AN OVERNIGHT DROP. AT 8:00 A.M. SO, I MEAN, TO GIVE THEM THE -- SO THAT WAS EFFECTIVELY TWO HOURS AFTER THEY OPEN. I WAS FIGURING THAT WOULD BE TECHNICALLY AN HOUR -- SO, I MEAN, WE COULD PUSH THE OVERNIGHT DROP, IT HAS TO BE TAKEN CARE OF BY 10:00 A.M.. BUT, BUT YOU'RE SAYING THAT ONCE YOU CALL U-HAUL, IT COULD BE 24 HOURS BEFORE THEY COME

OUT THERE, CORRECT? >> IT COULD BE 24 HOURS, YES.

>> YOU'RE TALKING ABOUT ALL DAY. HE CAN'T GUARANTEE IT.

>> WELL, SOME -- I MEAN, IF YOU ALLOW THAT, IS ALL OF A SUDDEN , WHICH TRUCKS ARE GOING TO BE THERE, AND WHICH TRUCKS ARE NOT GOING TO BE THERE, WHICH, YOU KNOW, OUR RENT AT WHICH ARE NOT FOR RENT. I MEAN, THAT'S SOMETHING, YOU KNOW, THEY'RE GOING TO HAVE TO BE, YOU KNOW -- OTHERWISE IT'S GOING TO BECOME AN ENFORCEMENT PROBLEM FOR THE STAFF. SO, YOU KNOW, MY THOUGHT, MY THINKING IS, YOU KNOW, YOU PUT IN THE TIME

[00:45:04]

LIMITATIONS, AND SOMEHOW, YOU JUST HAVE TO KIND OF POLICE IT IN ORDER FOR US TO HAVE SOME, TO ALLOW IT AND STILL HAVE SOME EASY, EASIER CAPABILITY OF ACTUALLY ENFORCING -- OTHERWISE

-- 30 TRUCKS OUT THERE -- >> THINK THAT'S, YOU KNOW, I'M NOT CREDIBLY -- I THINK THAT'S THE, THE BIGGER CONCERN HERE, IS NOT WHAT'S GOING OUT, YEAH, IT'S WHAT'S COMING IN THAT WE HAVE NO CONTROL OVER, AND THEN CALLING U-HAUL AND GOING, THERE'S 10 TRUCKS HERE TO PICK UP, AND WE'RE ON A 24

HOUR CLOCK -- >> YEAH, AND, YOU KNOW, FROM MY VANTAGE POINT -- MY THINKING IS, THAT'S SOMETHING THEY'RE JUST GOING TO WORK OUT WITH YOU ALL AND MAKE SURE IT HAPPENS.

>> FAIR ENOUGH. >> I MEAN, YOU KNOW, ON THAT, EITHER THAT OR YOU JUST ALLOW IT, ALLOW --

>> HOW MANY VEHICLES DO YOU EVER HAVE OUT THERE AT ONE

GIVEN TIME? >> MOSTLY, YOU KNOW, WE CAN, LIKE, SEVEN TO SUNDAY -- COMES UP WITH A FOUR TO FIVE.

>> FOUR TO FIVE? OKAY. >> AND I'M NOT TRYING TO GET, LIKE, THE 26 -- TRUCK -- FOUR PARKING SPACE -- LIKE, STAY OUTSIDE THE FIRE LINE. AND A FIRE LINE TRUCK COMES --

>> YEAH. >> SO WE GOING TO GIVE, LIKE --

MOSTLY. >> SO IF YOU WENT TO FIVE -- SO IF YOU WENT FROM THREE TO FIVE VEHICLES, THAT TAKES CARE OF MOST OF THE ISSUE ON THE NUMBERS, ON THE DROP OFF -- AND ADD THE ADDITIONAL TIME TO GIVE THE, KIND OF THE THREE-HOUR WINDOWS AS OPPOSED TO THE ONE HOUR WINDOW. THAT WOULD ADDRESS AT LEAST THEIR -- OF, HAVE A MORE FAIR SHOT AT GETTING RID

OF THE EXCESS VEHICLES. >> I MEAN, THAT'S, IF I'M HEARING THE DISCUSSION, YOU KNOW, --

>> SO ONE FURTHER QUESTION. ARE YOU ADVERTISE RIGHT NOW IS A DROP-OFF FACILITY ON THE U-HAUL WEBSITE?

>> ON, ONLINE -- YES. IF YOU SEE ME AT MY LOCATION, U-HAUL --

ACTUALLY ADVERTISE THAT WAY. >> YES, IT IS.

>> OKAY. >> ANY OTHER QUESTIONS FOR THE

APPLICANT? THANK YOU, SIR. >> THANK YOU.

>> WHAT'S THE -- OF THE COMMISSION?

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

>> SECOND. >> ANY FURTHER DISCUSSION? OKAY. NOW, ALL IN FAVOR, AYE .

>> AYE. >> OPPOSED?

>> IF THERE'S NO FURTHER DISCUSSION, I'LL MAKE A MOTION TO APPROVE AS PRESENTED BY STAFF, WITH THE AMENDMENTS TO THE FOLLOWING PROPOSED LIMITATIONS 2E SHALL BE CHANGED TO THREE HOURS IF THE VEHICLE IS RETURNED BETWEEN 7:00 A.M.

AND 9:00 P.M. THE SECOND BULLET POINT SHALL BE BY 10:00 A.M.

THE NEXT MORNING, IF THE VEHICLE IS RETURNED AFTER 9:00 P.M., AND BEFORE 7:00 P.M. SECTION 3 SHOULD BE AMENDED TO INCLUDE FIVE SPACES, AND THE FINAL FIVE ON THE SIGN PART ADD AT THE END AND PARKING SPACES DESIGNATED FOR U-HAUL PARKING.

>> OKAY. YEAH. AND THE OTHER PLACE WE WOULD NEED TO PUT -- YEAH, WE'LL TAKE TWO -- THAT'S, THAT'S WHERE WE -- SO

I NEED TO CHANGE, CHANGE -- >> SORRY, CHAIR MAN, AL -- WHAT WAS THE LAST ONE YOU SAID? I GOT 2B, THE FIRST BULLET POINT GOING FROM ONE TO THREE HOURS, SECOND BULLET POINT BEING GOING

FROM 8:00 A.M. TO 10:00 P.M. >> YES.

>> AND THEN WHAT'S THE LAST ONE?

>> AND THE LAST ONE WAS ON THE ADDED SIGNS THAT WE ADD AT THE END OF THAT THE LOCATION OF A KEY DROP OFF, WE HAD AND PARKING SPACES DESIGNATED FOR U-HAUL PARKING.

>> THANK YOU. >> I DON'T THINK THAT'S WHAT THEY WANT. I THINK WE'RE SETTING THEM UP FOR, FOR FAILURE HERE. SO I WANT TO HEAR FROM THEM, IF THAT'S ACCEPTABLE, BEFORE WE, WE VOTE ON THIS.

>> ALL RIGHT. SO I'LL, I'LL READ IT BACK, JUST FOR THE RECORD, OF WHAT WE GOT. SO THEY'RE, FOR NUMBER TWO, WE'RE GOING FROM THREE VEHICLES TO A MAXIMUM OF FIVE, AND STOP ME IF I GO WRONG AT ANY POINT. THIS BULLET POINT HERE, FOR ONE HOUR, FROM ONE HOUR TO THREE HOURS, INSTEAD OF 8:00 A.M.,

[00:50:03]

WE'RE GOING TO 10:00 A.M. AND -- NO SIGN ADVERTISING ON THE SITE OTHER THAN THE KEY DROP BOX -- TO ALLOW THE KEY DROP BOX, AS WELL AS SIGNS INDICATING WHERE THE U-HAUL VEHICLES SHOULD BE -- YOU OKAY WITH THAT?

>> THANK YOU, SIR. >> WE HAVE A MOTION ON THE FLOOR, WE HAVEN'T HAD A SECOND.

>> OKAY, SO I'M STILL CONFUSED. ARE YOU SAYING THAT U-HAUL CAN BE HERE IN 24 HOURS? THREE HOURS -- WHAT, THREE

HOURS, OR WHATEVER IT WAS? >> YEAH, ACCORDING TO THE GUIDELINES -- -- INAUDIBLE ] TWO TO THREE HOURS.

GUIDELINE BECAUSE OF HOLIDAYS, OR SOMETIMES THEY DON'T HAVE ENOUGH STAFF. SO THERE'S A REQUEST -- THIS LOCATION, YOU KNOW, WE, I, --

HOURS TO PICK IT UP. >> SO AT LEAST TWO OR THREE HOURS, BUT CONTRACTUALLY, WITH YOU, IT'S 24 HOURS.

>> THEY ALWAYS WANT A MORE -- YEAH --

>> THANK YOU, SIR. -- THE MOTION WILL DIE.

>> I'LL SECOND IT. >> OKAY. DO WE HAVE A MOTION AND A SECOND? ANY FURTHER DISCUSSION? IF NOT -- ALL IN

FAVOR? ALL OPPOSED? 3-3. >> MOTION FAILS.

>> ANY OTHER MOTIONS? >> MAY I INQUIRE OF THE, THE SENATE VOTES? IF CHANGED, THEY WOULD APPROVE A MOTION.

>> I CANNOT SPEAK FOR ME, BUT FOR ME, NO. I THINK MARK REALLY HIT IT ON THE HEAD EARLIER, WHEN YOU MAKE A COMMENT, YOU MAY BE SETTING THEM UP FOR TRUE FAILURE. I TRULY BELIEVE THAT.

>> IF IT WAS 24 HOURS, WHAT WE'RE SAYING, IF WE GAVE THEM 24 HOURS, AND WE AGREED TO THE 24 HOURS, THEN YOU WOULD, I

MEAN, I CAN MAKE THAT MOTION. >> I THINK THAT JUST EXACERBATES THE PROBLEM, TO ME. THAT'S JUST MY -- I, I'M NOT CONCERNED ABOUT WHAT THEY RAN OUT. I'M CONCERNED ABOUT WHAT'S COMING IN, HOW LONG IT'S THERE, AND THEIR CONTROL OVER THAT. AND, YOU KNOW, IT'S, THERE'S JUST A LOT OF QUESTION MARKS TO THAT, AND A LOT THAT'S NOT IN THEIR CONTROL.

>> OKAY. SO IF THERE IS NOT ANOTHER MOTION, WE WILL MOVE

ON. >> I WILL, LET ME, LET ME -- NO, MR. CHAIRMAN, ONE THING WE ARE KIND OF IN DILEMMA OF, THOUGH, IS WE WON'T HAVE A RECOMMENDATION GOING FORWARD TO THE COUNCIL, BECAUSE YOU'VE GOT A RECOMMENDATION FOR APPROVAL OF THAT MOTION, BUT YOU DON'T HAVE A RECOMMENDATION FOR DENIAL, AND I THINK THE, MY QUESTION IS, YOU KNOW, YOU'VE GOT A TIED VOTE. SO WHILE THAT MOTION FAILED, YOU DON'T HAVE A RECOMMENDATION OF THIS -- GOING

FORWARD TO THE COUNCIL. >> -- 3-3.

>> WELL THEN, THAT MY THOUGHT IS, WE CONTINUE INTO THE NEXT MEETING, AND, YOU KNOW, PLUS CLYDE'S GOT A SUGGESTION -- I

MEAN -- >> I WOULD THINK THAT WOULD JUST BE THE RECOMMENDATION OF THE STAFF REPORT, THAT HE WOULD JUST LAY THINGS, LET THEM AS THEY LIE AND SAY IT WAS DENIED

-- >> BUT WE'VE GOT TO HAVE A REPORT THAT COMES FROM THE COMMISSION, AND, AT THIS POINT, WE DON'T HAVE AN APPROVED REPORT COMING FROM THE MISSION.

>> DOES NOT -- MAKE A REPORT, THEREFORE IT'S A DENIAL? I

MEAN -- >> IT'S THE SAME THING. IT'S A REPORT. BUT IT'S A 3-3 TIE. SO IT'S A DENIAL BASED ON THE TIE, AND THEREFORE, THAT'S WHAT COLBY WOULD TAKE TO THE --

[00:55:06]

>> WELL, THERE WOULD BE NO RECOMMENDATION.

>> WELL, AND HE COULD EXPLAIN THAT. I DON'T KNOW THAT, I'M NOT SURE, IN OUR ZONING ORDINANCE, THAT REQUIRES A RECOMMENDATION. AND I WORKED IN MANY CITIES --

>> IN THIS CASE, THAT WOULD BE, YOU HAVE TO HAVE A VOTE THAT

SAYS THAT. >> IS NOT HOW OUR ORDINANCE

READS? >> OUR ORDINANCE REQUIRES, USUALLY, OUR ORDINANCE REQUIRES APPROVAL , RECOMMENDATION TO

APPROVE OR DENY. >> USUALLY? I GUESS I'M, I'M JUST, I DON'T KNOW ROBERTS RULES REAL ENOUGH, BUT A 3-3 WOULD BE A TIE, THEREFORE IT'S A DENIAL.

>> A 3-3 OF THE MOTION, THE MOTION WAS TO APPROVE THE

ORDINANCE WITH THOSE CHANGES. >> OKAY. YEAH.

>> THAT MOTION FAILED. IT'S NOT A RECOMMENDATION TO,

AGAINST APPROVAL. >> BUT A TIE REPRESENTED --

>> A TIE REPRESENTS A DENIAL OF THE MOTION. BUT THE MOTION, IN THE SENSE THAT IT WAS TO APPROVE, WAS TO, YOU KNOW, RECOMMEND APPROVAL OF THE -- ORDINANCE --

>> OKAY. I DON'T KNOW ROBERTS RULES THAT WELL, BUT FROM ALL MY TIMES OF RESENTING AND EVERYTHING, A 3-3 MEANT IT

TIED. SO I UNDERSTAND -- >> THAT'S THE PROBLEM, HOW DOES THAT GET REFLECTED IN THE RECOMMENDATION TO THE COUNCIL?

>> IT WOULD BE, I MEAN -- >> IT'S NOT A RECOMMENDATION

-- >> TYPICALLY WHAT IT SAYS IS THEY GO THROUGH RECOMMENDATION, AND IT WOULD READ THAT PLANNING

AND ZONING -- >> I WAS GOING TO SAY, I'LL

MAKE A MOTION TO DENY. >> THAT'S WHAT I MEAN. WE CAN

SAVE A LOT OF TIME -- >> WE'VE GOT A MOTION AND A

MOTION TO DENY. >> OKAY.

>> SO, I MEAN -- >> I'LL MAKE A MOTION TO DENY,

THEN. >> OKAY.

>> SECOND. >> WE HAVE A MOTION AT A SECOND TO DENY AS PRESENTED. ANY DISCUSSION? OKAY. ALL IN FAVOR

OF THE MOTION, AYE. >> AYE.

>> OPPOSED? OKAY. 5-1. MOTION CARRIES.

>> THERE YOU GO. >> I'M SORRY, MIKE.

[007 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a truck terminal facility (uses including but not limited to the on-site maintenance, parking and/or temporary storage of fleet trucks and/or trailers) and as related to the development of the property being 3.433+ acres on Lots 1 R and 2 R of Block A in the Midwest Industrial Park, generally located at 2200 North Highway 67 and presently zoned Light Industrial (LI) District. (SUP19-2024-094)]

>> OKAY, WE'LL MOVE TO ITEM 7, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR A TRUCK TERMINAL FACILITY, USES INCLUDING BUT NOT LIMITED TO THE ON-SITE MAINTENANCE, PARKING, AND/OR TEMPORARY STORAGE OF FLEET TRUCKS AND/OR TRAILERS, AND AS RELATED TO THE DEVELOPMENT OF THE PROPERTY BEING 3.433+ OR MINUS ACRES ON LOTS 1R AND 2R OF BLOCK A IN THE MIDWEST INDUSTRIAL PARKS, GENERALLY LOCATED AT 2200 NORTH HIGHWAY 67, AND PRESENTLY ZONED LIGHT INDUSTRIAL.

>> THAT EVENING. SO WITH THIS REQUEST, WHICH IS AT 2200 NORTH U.S. HIGHWAY 67, IT'S KIND OF SANDWICHED THERE BETWEEN THE HIGHWAY AND THE RAIL, NOT FAR FROM THE RAILS, JUST NORTH OF TOWN, WITH, YOU MAY, YOU MAY BE FAMILIAR WITH THE, THE BUSINESS -- TRUCKING, PREVIOUSLY OPERATED BY AMIRA FLEET. THE PROPERTY IS ZONED LIGHT INDUSTRIAL, AND THE FUTURE LAND USE PLAN ENVISIONS AS THE INDUSTRIAL MODULE IN THE 2018 -- HERE'S A, JUST A FEW QUICK SLIGHT PHOTOS. THIS IS GOING FROM WEST, EAST, SORRY, NORTH TO SOUTH, LOOKING EAST, JUST TO GIVE YOU A REFERENCE, AND WE CAN ALWAYS GO BACK TO IT IF WE NEED TO. SO WITH THE EXISTING CONDITIONS, LIKE I SAID, IT'S OVER BY THE RAIL SPUR. A LITTLE BIT OF HISTORY, THOUGH. SO IN 2008, A SPECIFIC USE PERMIT WAS REQUESTED FOR FLEET MAINTENANCE AND OTHER THINGS. THAT SUP'S SPECIFICALLY PROHIBITED FLEET MAINTENANCE. I DON'T KNOW THE HISTORY. THAT'S WHAT THE ORDINANCE SAID. THE REASON WHY WE'RE HERE TONIGHT IS THAT EVEN THOUGH IN 2014 THEY WERE ISSUED A CERTIFICATE OF OCCUPANCY TO DO WHAT THEY'VE DONE FOR THE PAST 10 YEARS, IT WAS JUST A COUPLE OF MONTHS AGO IT'S BROUGHT TO STAFF'S ATTENTION THAT THEY WERE, IN ADDITION TO PARKING ON NOT CONCRETE, MEANING GRAVEL, THEY ALSO WERE DOING THEIR ON-SITE FLEET MAINTENANCE. BUT AS THEY'VE DONE FOR 10 YEARS. SO THEY WERE VERY RESPONSIVE, VERY CONTRITE. THIS WAS NEWS TO THEM, AS I UNDERSTAND IT. SO STAFF WORKED WITH THEM ON HOW

[01:00:02]

TO GET INTO COMPLIANCE. BASICALLY, THE ONLY WAY TO GET INTO COMPLIANCE WAS TO COME BEFORE YOU AND ASK FOR YOUR APPROVAL OF A SPECIFIC USE PERMIT. SO IF STAFF DOESN'T WORK WITH THEM, TRYING TO HELP THEM PUT THEIR BEST FOOT FORWARD IN THEIR REQUEST BEFORE YOU FOR THIS SPECIFIC USE PERMIT, YOU KNOW, WELL SAY IS THE NORTHERN TRACT, THIS LOT 1R, THAT WAS WHAT THE ORIGINAL SUP ONLY COVERED. IT DIDN'T ACTUALLY SPEAK TO THE LOWER PART. AND IN THAT, THEY HAD ALREADY DONE THIS DECORATIVE BLACK METAL FENCING AROUND THE PROPERTY, ON THE, THE NORTHERN PART, AND THEY HAD DONE THAT KIND OF, I'M NOT SURE IF IT'S HARD PANEL, BUT IT'S, LIKE, A METAL PANELING, AND THAT WAS REQUIRED IN 2008, THAT THEY DO THIS, AS WELL AS THE LANDSCAPING HERE. SO WHAT THEY'VE PROPOSED, THIS ONE ELEMENT, IS THEN TO CONTINUE THE LOOK, SO THEY WOULD CONTINUE THAT METAL TYPE PANELING FENCING BY THE RAIL, AND THEN SWITCH TO THAT DECORATIVE METAL, WRAPPING AROUND TO THE FRONT, ALSO EXTENDING THAT SIMILAR LANDSCAPING WITH TREES AND SHRUBS ALONG THE FRONTAGE OF THE ROAD, AND THEN ALSO THE, ADDING CONCRETE FOR WHEREVER THEY MAY BE STORING AND/OR MANEUVERING THE TRUCKS AND TRAILERS FOR THE FLEET MAINTENANCE. SO THE, JUST, THIS WAS IN THE ORDINANCE. THE APPLICANT HAD KIND OF SKETCHED OUT, THIS WOULD BE FOR, AGAIN, THIS LOWER TRACT HERE THAT THEY WERE SKETCHING OUT THIS, YOU KNOW, SHOWING THAT THEY WOULD IRRIGATE, THEY WOULD PUT IN TREES AND SHRUBS. THEY ALSO DID A BIT OF A, A MOCK UP HERE WITH THE, THE SHRUBS, NOT TREES, BUT THE TREES WOULD STILL BE REQUIRED. AND , WHAT ELSE COULD I TELL YOU? IN OUR COMP PLAN, I MEAN, WE DO HAVE A GOAL ABOUT SUPPORTING OUR ECONOMIC BASE.

I'LL LET THE APPLICANT TELL YOU MORE ABOUT THEIR OPERATIONS AND THE BUSINESSES THEY SUPPORT IN OUR TOWN. WITH THAT, THOUGH, I'LL SAY THAT STAFF DOES RECOMMEND THIS VERSION OF THE ORDINANCE. WE DID WORK WITH THE APPLICANT ON IT, AND THERE WAS SOME GIVE AND TAKE, AND, JUST FOR CLARITY, SO, YOU KNOW, IN 2014, THEY WERE GIVEN A CO. THEY DID THE FLEET MAINTENANCE THEY SHOULDN'T HAVE, BUT IT'S BEEN 10 YEARS . IF YOU, IF THIS, IF THEY DO NOT GET AN SUP THAT ALLOWS IT, THAT MEANS THEY WOULD HAVE TO STOP. SO. WITH THAT, HAPPY TO ANSWER ANY

QUESTIONS. APPLICANT'S HERE. >> QUESTIONS TO STAFF?

>> HAVE THERE BEEN ANY COMPLAINTS FROM ANY NEIGHBORS, OR ADJOINING PROPERTIES IN THE LAST TWO YEARS?

>> I WAS NOT ABLE TO FIND ANY COMPLAINTS OR EVEN OTHER CODE

VIOLATIONS. >> THANK YOU.

>> OKAY. IS THE APPLICANT PRESENT AND WISH TO SPEAK? IF YOU WOULD COME UP AND IDENTIFY YOURSELF, AND YOUR ADDRESS.

>> BART MOODY, 633 -- ROAD. >> OKAY. DO YOU HAVE ANY

COMMENTS YOU'D LIKE TO MAKE? >> JUST THAT WE'VE BEEN THERE FOREVER, 10, 12 YEARS. IT IS A NICE -- COMPANY. ALL THE VEHICLES WILL BE FIVE TO SIX YEARS OLD. ALL THE VEHICLES ARE UNDER WARRANTY. SO MOST OF THE MAINTENANCE IS DONE BACK AT A DEALER.. THEY MAY DO A GREAT JOB, BULL JOB, SOMETHING TO

THAT EFFECT. >> OKAY. ANYBODY HAVE QUESTIONS TO THE APPLICANT? OKAY. THANK YOU, SIR. OKAY. I DO NOT HAVE ANYBODY SIGNED UP, SO I WILL ENTERTAIN A MOTION AND CLOSE

THE PUBLIC HEARING. >> MOTION.

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

>> AYE. >> IS UNANIMOUS -- DISCUSSION OR ACTION. WE HAVE A MOTION AND A SECOND TO APPROVE. ANY FURTHER DISCUSSION? NOW ALL IN FAVOR, AYE.

[008 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance, by further amending the development and use of 1.429+ acres out of the M.E.P. & P. Railroad Company Survey, Abstract No. 761 and located in the Commercial Retail (“CR”) area of Planned Development-146 (PD-146) by granting a Specific Use Permit for a gasoline station with retail sales. The property is generally located between U.S. Highway 287 and Old Fort Worth Road. (SUP11-2024-052) ]

>> AYE. >> ANY OPPOSED? IT IS UNANIMOUS. WE WILL MOVE NOW TO 008, AND THAT ITEM IS GOING TO BE POSTPONED UNTIL THE NOVEMBER MEETING, SO ANYONE HERE THAT CAME FOR THAT, YOU WILL HAVE AN OPPORTUNITY IN NOVEMBER TO

[009 Conduct a public hearing and consider and act upon an ordinance for an amendment to an existing Specific Use Permit (SUP) for Love’s Truck Stop, relating to the use and development of a building expansion and new wall signage. The property is on Lot 1 of the S.T. Advisory Corporation Addition, located at ]

SPEAK OR PARTICIPATE. IF YOU HAVE SOMETHING HERE YOU WANT TO SAY ON THAT? OKAY. WE'LL MOVE, THEN, TO ITEM 009, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON -- AND AT AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT FOR LOVE'S TRUCK STOP, RELATING TO THE USE AND ELEMENT OF A BUILDING EXPANSION AND NEW

[01:05:02]

WALL SIGNAGE. THE PROPERTY IS ON LOT 1 OF THE ST ADVISORY CORPORATION IN ADDITION, LOCATED AT 1501 WEST U.S.

HIGHWAY 287, AND IS PRESENTLY ZONED COMMERCIAL DISTRICT.

>> CHAIR, COMMISSIONERS, THE NEXT ITEM IS A REQUEST TO AMEND THE EXISTING SUP IN SIGHT TO ALLOW A BUILDING EXPANSION.

THEY ARE WANTING TO ADD TWO SHOWERS AND EXPAND THEIR LAUNDRY FACILITY. THE TOTAL ENLARGEMENT WOULD BE 777 SQUARE FEET. ALL OF THE FACILITIES WOULD BE ACCESSIBLE FROM THE INTERIOR. THEY ARE CONVERTING ONE AREA INTO STORAGE, WHICH WOULD BE 59 SQUARE FEET. THEY ARE REVISING ELEVATIONS AND THE SIGNAGE AS WELL. THE PROPERTY IS ZONED COMMERCIAL DISTRICT, AND THE FUTURE LAND USE SHOWS A REGIONAL MODULE, BOTH OF THE OLD COMP PLAN AND THE NEW COMP PLAN. I THINK I'M GOING TO KIND OF SPEED THINGS UP, SINCE I DID THE FULL PRESENTATION LAST TIME, UNLESS YOU HAVE SOME AREA YOU WANT ME TO REVISIT.

WHAT THE APPLICANT DID WAS MET WITH THE FIRE MARSHAL. SO ONE OF THE CONCERNS BROUGHT UP WAS THE TRUCK TRAFFIC, AND THERE ARE TWO THINGS THAT HAPPENED WHEN THE CITY WORKED WITH TXDOT AND HE PUT NO PARKING SIGNS ALONG MAIN STREET. WE'VE BEEN ENFORCING THAT, SO THAT'S HELPED THAT SITUATION. AND THEN THE APPLICANT MET WITH THE FIRE MARSHAL, AND LOOKED IN CIRCULATION AT THE SITE, AND THE FIRE MARSHAL MADE SOME RECOMMENDATIONS, WHICH THEY ARE WILLING TO INTEGRATE INTO THEIR SITE PLAN. SO THEY PROVIDED A DIAGRAM JUST SHOWING WHERE THEY'RE GOING TO STRIKE FIRE LANES AND PROTECT THE AREA AROUND FIRE HYDRANTS. SO THAT'S WHAT THEY WERE LOOKING AT. AND IN ADDITION, THE CHANGES THAT THEY'RE MAKING IN TERMS OF THE WALL SIGNAGE, IT'S ACTUALLY BRINGING THEM CLOSER TO CONFORMANCE. SO PREVIOUSLY, THE SIGNAGE WAS 476.76 SQUARE FEET, AND SO THEY, THEY REDUCED THE SIGNAGE, AND NOW IT'S 263 SQUARE FEET. SO , REALLY, WHAT THEY'RE WANTING TO DO IS TO IMPROVE THE ELEVATIONS ALONG THESE AREAS , AND THEY'VE, YOU KNOW, AGREED TO PUT NEW, NEW BRICK AND NEW MATERIALS AND JUST KIND OF REFRESH THE ELEVATIONS. DOES

ANYONE HAVE ANY QUESTIONS? >> QUESTIONS TO STAFF.

>> I NOTICED THEY MENTIONED THE APPLICANT IS ALSO OPEN TO BEAUTIFYING THE EXISTING SIGNAGE IF THEY CAN KEEP THE HEIGHT FOR THE NONCONFORMING SIGN. EXAMPLES CAN BE PROVIDED.

AND THEY PROVIDED THE EXAMPLES --

>> THEY, THEY DID. I'LL LET HIM SPEAK TO THAT. I BROUGHT ONE EXAMPLE, I PUT UP ONE EXAMPLE WHERE, YOU KNOW, SOMETHING HE'D DONE IN CALIFORNIA. BUT I THINK THAT, YOU KNOW, THEY WOULD REALLY PREFER TO KEEP, TO KEEP THAT SIGN, BUT I'LL LET HIM GO AHEAD AND MAKE THAT ARGUMENT

FOR, FOR HIMSELF, OKAY? >> ANYONE ELSE? OKAY. THANK YOU. IS THE APPLICANT PRESENT AND WISH TO SPEAK? IF YOU WOULD COME IDENTIFY YOURSELF, YOUR NAME AND YOUR ADDRESS.

>> HELLO, MY NAME IS ALEX TESKE, I'M WITH LOVES TRAVEL STOP. SO WHAT WE'RE TRYING TO DO, ACTUALLY -- BASICALLY OUTDATED. SO WE'RE TRYING TO UPDATE THAT, CLEAN IT UP A LITTLE BIT. THE SIGNAGE -- DISCUSSION ON THE BUILDING SIGNAGE -- BUILDING SIGNAGE -- WE'RE ALSO TRYING TO MOVE SOME OF THE TRUCKS THROUGH AS WELL. SOME OF THOSE TIME-OUTS, BETTER MANDATES. WE'RE TRYING TO -- TRUCKING SPOTS THERE. -- OFF YOUR ROADS. SO A LOT OF THINGS WE'RE HAVING RIGHT NOW IS WE'RE HAVING BACKUP, SHOWERS. WE'RE ALSO HAVING A BACKUP ON WATER. GETTING THOSE TRUCKS TIMED OUT, BACK ON THE ROAD, ACTUALLY HAS MORE SPOTS FOR THOSE THAT ARE TIMED OUT. SO THAT'S THE PART. IT'S NOT ON THE CITY ROAD.

>> OKAY. QUESTIONS? DAN, DID YOU WANT AN ANSWER TO YOUR

QUESTION? >> YES. WHAT'S YOUR PROPOSAL

FOR THE SIGNAGE? >> WE'RE DOING THE BUILDING SIGNAGE ITSELF. WE GOT -- SIGNAGE. WE'RE NOT DOING IT WITH THAT, WITH THAT. NOW, WE HAD A LOT OF, LIKE -- WE

[01:10:04]

UNDERSTAND THAT FOR SAFETY REASONS, IT'S NOT FOR CONTRACT, AS MUCH OF IT IS TRUCK TRAFFIC. A LOT OF THE TRUCK DRIVERS DO NOT SPEAK ENGLISH. THEY KNOW AT THAT POINT, THEY CAN ACTUALLY PULL OVER, GET SAFELY OVER INTO THE RIGHT-HAND LANE. THEY DON'T HAVE GPS MOST OF THE TIME EITHER. SO THAT'S THE REASON WHY. AND THOSE ARE ACTUALLY

LOW-PRICE SIGNS. >> WHAT LANGUAGE DO THEY SPEAK?

>> SPANISH. >> PHONES WORK IN SPAIN. THEY WORK IN MEXICO. GPS WORKS. THEY HAVE, THEY DON'T USE GPS IN

TRUCKS? >> NO. THEY STILL USE THE PAPER -- YOU LOOK INSIDE, THEY WON'T HAVE THE GPS. ON THOSE TRUCKS.

>> I MEAN, DO WE WANT THOSE TRUCKS COMING TO TOWN, THAT ARE

UNEQUIPPED LIKE THAT? >> THEY HAVE TO PULL OVER SOMEWHERE, THOUGH. LOTS OF FEDERAL MANDATES. THAT'S WHY WE TRY TO -- IT KEEPS THEM OFF YOUR ROADS.

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

>> ANYONE ELSE? OKAY. THANK YOU, SIR.

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

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

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

>> AYE. >> ANY OF US? OKAY. FLOOR IS

OPEN FOR DISCUSSION OR ACTION. >> AS I WAS NOT HERE LAST MONTH, THIS WAS DENIED PREVIOUSLY, CORRECT?

>> NO. >> KNOW?

>> NO. IT WAS CONTINUED. >> ALL RIGHT. I KNEW IT HAD BEEN HERE PREVIOUSLY. I WILL, I'LL MAKE A MOTION TO DENY.

>> I'LL SECOND THE MOTION. >> WE HAVE A MOTION AND A SECOND TO DENY. IS THERE ANY FURTHER DISCUSSION? OKAY. ALL

IN FAVOR OF THE MOTION, AYE. >> AYE.

>> ANY OPPOSE? MOTION PASSES. OKAY. ITEM 10 , CONDUCT A

[010 Conduct a public hearing and consider and act upon an ordinance amending the zoning from Agricultural (A) to a Planned Development (PD) zoning district to allow for General Professional (GP) use and development on +/- 2.86 acres being out of Country East Estates Lots 1, 2A, 3, 4, and +/- .64 acres being out of the Benjamin Monroe Survey, Abstract 700. The property is generally located on the south side of FM 1387 and is generally known by the following street numbers: 2330, 2428, 2468, 2498, and 2628. (Z17-2024-73)]

PUBLIC HEARING CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE ZONING -- PD ZONING DISTRICT TO ALLOW FOR GENERAL PROFESSIONAL USE -- PLUS OR -2.86 ACRES, BEING OUT OF THE COUNTRY IF THE STATES LOTS 1, 2A, 3, 4, AND PLUS OR -.64 ACRES BEING OUT OF THE BENJAMIN MONROE SURVEY, ABSTRACT 700. PRETTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF FM 1387, AND IS GENERALLY KNOWN BY THE FOLLOWING STREETS, 2230, 2428,

2460, 2498, AND 2628.. >> THAT EVENING. SO THIS REQUEST, OFF OF FM 1387, JUST EAST OF MIDLOTHIAN PARKWAY. IF YOU COMBINED ALL FIVE LOT -- ABOUT 3.5 ACRES, THESE ARE CURRENTLY SEEING THE FAMILY HOMES OF PEOPLE LIVING THERE.

THERE IS, THIS IS A REQUEST FOR A PLANNED DEVELOPMENT ZONING DISTRICT BASED ON SOME LIMITED GENERAL PROFESSIONAL USES.

THAT'S OUR LEAST INTENSIVE NONRESIDENTIAL ZONING DISTRICT.

ALSO , SINCE THERE AREN'T ANY STANDARDS, REALLY, IN THERE, BEYOND WHAT GENERAL PROFESSIONAL WOULD REQUIRE, ANY PLANS THAT MAY COME FORWARD, THE SITE PLAN, CONTRACTUAL PLAN, ET CETERA, BUT ONLY TO COME BACK AS AN AMENDMENT TO THIS -- JUST THE KIND OF MAKE SURE THAT PART'S CLEAR. BUT THE, THE REASON WHY WE'RE EVEN TALKING ABOUT IT IS TXDOT IS --

[01:15:10]

2027 FOR THE EXPANSION OF THIS PORTION. OF FM 1387. SO WHAT YOU'RE SEEING HERE ON THIS RED DASHED LINE, THIS WOULD BE THE NEW RIGHT-OF-WAY LINE, OR NEW PROPERTY LINE. SO YOU MAY NOTICE THESE PURPLE BOXES. THESE ARE PEOPLE'S HOMES. WHAT THAT MEANS IS THOSE HOMES WILL BE GOING AWAY AT SOME POINT.

NOT IMMEDIATELY. AGAIN, THEY'RE READY TO LET DATE IS JUST 20, I MEAN, IT'S 2027. SO IT'LL BE A WHILE. SO THE, SO FIVE OF THE RESIDENTS JOINED TOGETHER AND PUT FORTH AN APPLICATION TO REQUEST GENERAL PROFESSIONAL AS A ZONING CHANGE, AND I'LL LET THEM EXPLAIN THEIR REASONS. AND , REAL QUICK, FOR THE, THE AREA. SO THIS KIND OF OUTLINES THE FIVE PROPERTIES. OVERHEAR IS A DAY CARE THAT UNDER A SPECIFIC USE PERMIT THAT WAS GRANTED. AND THE -- THAT 120 FOOT RIGHT-OF-WAY, WHICH IS GOING TO BE A LITTLE BIT PLUS, ON THE PLUS SIDE -- ACQUISITION. UNDER OUR CURRENT COMP PLAN, AND EVEN THE ONE WE ADOPTED, WHILE IT'S A SUBURBAN LOW DENSITY, IT DOES ENVISION SOME AMOUNT AND SOME INSTANCES OF NEIGHBORHOOD SERVICES. SO THEY, I MEAN, WE WORKED WITH THEM TO KIND OF GUIDE THEM A BIT ON WHAT TO PULL OUT ON GENERAL PROFESSIONALS TO TRY TO LEAD IT SOMETHING CLOSER TO THE IDEA OF NEIGHBORHOOD SERVICE.

BUT ONE THING I WANTED TO POINT OUT IS, SORRY, REAL QUICK, THIS IS MY CRUDE MOCKUP, I APOLOGIZE. AGAIN, THE RED OUTLINE OF THE FIVE PROPERTIES, THIS YELLOW LINE HERE REPRESENTS THAT NEW RIGHT-OF-WAY OR PROPERTY LINE.

THE BLUE AREA IS MY ESTIMATE OF ABOUT 30 FEET OF AN EASEMENT, BECAUSE THE CITY WILL WANT 15 FEET OUTSIDE OF TXDOT RIGHT-OF-WAY, AND SO WILL MOUNTAIN. SO FOR ANY KIND OF DEVELOPMENT OF THE NARROW LIST LOT, YOU'RE GOING TO HAVE 115 FEET OF DEPTH -30, SO YOU'RE AT, WHAT, 85 FEET OF DEPTH. SO THAT IS ONE OF THE CHALLENGES IN THE REQUEST, IS, WITH CHANGING THE ZONING ON THEIR LOT DOESN'T NECESSARILY GET YOU TO SOMETHING THAT'S READY TO DEVELOP OR WOULD NECESSARILY CONFORM TO THE GENERAL PROFESSIONAL ZONING DISTRICT STANDARDS. YOU WOULD NEED, PROBABLY, MORE PROPERTIES TO JOIN IT. SOME OF THE NEIGHBORS HAVE EXPRESSED INTEREST IN THAT. THE ONLY CHALLENGE THERE IS, FOR THESE PEOPLE, WHEN THE TIME COMES AND THEY GET PAID AND THEIR HOMES ARE GONE AND ALL THAT, A LEGAL NONCONFORMING STATUS WOULD BE MORE OR LESS MEANINGLESS TO THEM. BUT FOR THOSE , IF SOMEONE, YOU KNOW, NEARBY WERE TO JOIN, THAT LEGAL NONCONFORMING STATUS MAY MEAN A LOT, BECAUSE THEY STILL, FOR NOW, ARE LIVING IN THE HOME.

MAYBE THEY WANT TO DO AN ADMISSION. THEY WOULDN'T BE ABLE TO. SO WHILE WE'VE HAD SOME INTEREST WITH NEIGHBORING PROPERTIES THAT WOULD ADD MORE DEPTH AND WIDTH TO THIS AREA THAT COULD MAKE IT MUCH MORE MARKETABLE AND PRACTICAL AND FUNCTIONAL, THAT WAS UNDERSTANDABLY A CONCERN FOR THEM, SO THEY KIND OF HELD OFF TO SEE WHERE THIS GOES, HOW THIS PLAYS OUT, SHOULD IT BE APPROVED. AND THEN, JUST TO KIND OF GIVE YOU A, JUST AS A ROUGH GO BY, OVERHEAR ON HAWKINS RUN ROAD, WE HAVE THESE KIND OF, I GUESS, MEDICAL OFFICE, RETAIL OFFICE TYPE BUILDINGS, AND THEY'RE ABOUT 160 FEET OF DEPTH FROM THE REAR PROPERTY LINE TO THEIR FRONT PROPERTY LINE, AND THEY ALSO HAVE A FAIRLY LARGE EASEMENT.

JUST TO KIND OF GIVE YOU THAT ROUGH IDEA OF , BECAUSE I THINK THE GO FROM HERE TO HERE WAS MAYBE AROUND 180, 200. SO IF YOU COULD GET THESE TWO PROPERTIES TO JOIN IN AND MAYBE THIS ONE TOO, SINCE IT'S NEXT TO A ROAD, I MEAN, YOU'RE KIND OF THREE PROPERTIES AWAY FROM ACTUALLY HAVING A PRETTY FUNCTIONAL SITE. BUT AGAIN, FOR THESE -- OOPS. FOR THESE TWO LOWER PROPERTIES, 570 AND 571 , YOU KNOW, THEY WOULD JUST BE IN A DIFFERENT SITUATION THAN THOSE WHO ACTUALLY FRONT THE ROAD, IF THEY WERE TO HAVE THEIR ZONING CHANGE RIGHT NOW.

THEN THEY WOULD BE LEGAL NONCONFORMING. PLUS WE MAY NOT NECESSARILY ALSO WANT, ANYWAYS, TO SEE SOMEBODY, SAY, TRY TO OPERATE A REALTORS OFFICE OUT OF THE HOUSE IN THAT KIND OF LOCATION. ANYWAYS. WITH THAT SAID, MAILED OUT 29 LETTERS.

THE CONVERSATIONS WE'VE HAD, THERE'S NOT BEEN OPPOSITION.

THERE'S BEEN QUESTIONS. AND, AGAIN, SEVERAL PEOPLE WERE INTERESTED AND EVEN POSSIBLY JOINING, FOR THE REASONS I

[01:20:04]

MENTIONED. THEY DID NOT AT THIS TIME. THE APPLICANT IS HERE, HAPPY TO ANSWER ANY QUESTIONS, AND I'M HAPPY TO ANSWER ANY

QUESTIONS AS WELL. >> CAN YOU PUT THAT ON GOOGLE

MAP? THAT SITE? >> -- CAN. I FEEL LIKE WE NEED

STANDBY MUSIC. >> OKAY, SO WHILE SHE'S DOING THAT , IS THE DESIRE TO GET TXDOT TO GIVE YOU MORE MONEY FOR THE PROPERTY, OR IS THE DESIRE TO HAVE SOMETHING AFTER

TXDOT FINISHES THEIR PROJECT? >> WELL, I'LL LET THEM SPEAK TO THEIR DESIRE. ON THAT PART.

>> YOU HAVE NO DESIRE? >> NOT AFTER 50, NO.

>> SO -- RIGHT NOW, THEY WILL NOT BE REQUIRED FOR THE ZONING CHANGE TO DEDICATE TO THE RIGHT-OF-WAY, CORRECT?

>> CORRECT. >> BUT IF THEY GET ENOUGH PROPERTY TOGETHER, AND EVENTUALLY SOME DEVELOPER COMES BY, NONE OF THEM, THE DEVELOPER WOULD, HIS CONDITION -- DEVELOPMENT TEST THE GRANT THAT RIGHT, CORRECT?

>> IT ALL DEPENDS ON THE ORDER OF OPERATIONS, RIGHT? BECAUSE IF TXDOT, I MEAN, WHEN TXDOT WANTS TO BUY THE LAND, OR, SHOULD THEY NOT REACH AN AGREEMENT, THEY GO TO CONDEMNATION, THAT COULD ALL PROCEED, THAT MIGHT PROCEED A DEVELOPER ACTUALLY BEING READY. OR, TO YOUR POINT, THOUGH, A DEVELOPER COULD COME EARLY. BUT THE ZONING WOULDN'T NECESSARILY DICTATE THAT DEDICATION OF RIGHT-OF-WAY, JUST BECAUSE OF THE ZONING IN THIS SCENARIO.

>> AND, AT THIS POINT, DO WE HAVE, I MEAN, A LOT OF COMMERCIAL, LIKE, GENERAL BUSINESS OR COMMERCIAL LOT 1387'S? A LOT OF WHERE IT CUTS THROUGH IS A LOT OF SUBURBAN

SINGLE-FAMILY, ISN'T IT? >> CORRECT. AND JUST TO BE, I WANT TO SAY JUST TO THE EAST, OFF MEMORY, I'M GOING TO SAY 1000 FEET TO THE EAST, THERE IS THAT KIND OF, I THINK IT'S, RETAIL IS PART OF THE FRONTAGE FOR REDDEN BARNES. AND, OF COURSE, THEY'RE BEING IMPACTED. LIKE, THOSE VERY NICE ENTRY MONEY MENTATION THEY HAVE, THEY'RE GOING TO BE WIPED OUT. SO, SO EVEN, LIKE, THAT POTENTIAL FOR THAT RETAIL TYPE SPACE IS GOING TO BE IMPACTED BY THIS LITTLE, YOU HAVE TO BE SEEING HOW FUNCTIONAL THEIR SITE'S GOING TO BE. SO ALL THAT TO SAY, YEAH, THERE'S NOT A LOT.

THERE'S SOME POTENTIAL, BUT EVERYONE'S CHALLENGED.

>> AND I'M GUESSING WITH A MAJOR RIGHT-OF-WAY LIKE THIS, THERE'S GOING TO BE DEMAND FOR COMMERCIAL DEVELOPMENT --

>> YES, SIR. IF IT PLEASES THE CHAIRMAN.

>> I'M SORRY? -- THE APPLICANT -- WE'LL BRING YOU UP IN JUST A MINUTE, SIR. OKAY, SO THE RED DOT IS WHAT WE'RE TALKING

ABOUT? >> THAT'S PART OF THE AREA.

THAT WOULD BE THE, THAT WOULD BE THE LEFT MOST, OR WESTERNMOST LOT, AND THERE'S FOUR MORE TO THE EAST OF IT.

>> OKAY. CAN YOU BACK THAT DOWN A LITTLE BIT, FURTHER OUT? OKAY. THAT'S GOOD. OKAY. I'M GOOD. ANYBODY ELSE?

>> ANYTHING ELSE FOR STAFF, WE'LL GO TO THE APPLICANTS. SIR, I'M GOING TO LET YOU BE FIRST. YOU WANT TO COME UP, STATE YOUR

NAME AND YOUR ADDRESS. >> AND ALEX MARTIN, 24 1980, I'M FROM 1387. WANT TO ANSWER YOUR QUESTION. OH. RIGHT. FOR MORE MONEY TO BE BOUGHT, SO WE CAN MOVE AND BUILD AND LAUGH AT OURSELVES, BUT ALSO AFTERWARDS. I DON'T THINK YOU KNOW HAVE PLANS, CURRENTLY, TO DEVELOP THAT LAND. SO WOULD BE A DEVELOPER COMING IN AND PURCHASING IT FROM US AFTER TXDOT OR MAYBE BEFORE TXDOT, BUT THAT'S A, THE ONE THING WE'RE TO ADD, WHEN MR. RAM WAS TALKING, WAS ALSO, A MILE TO THE EAST IS THE NEW DEVELOPMENT FOR THE TARP LOAN RED CROSS STREET FROM HERITAGE. SO THERE IS SOME COMMERCIAL GOING IN ON

[01:25:01]

THAT ROAD. I THINK THAT ADDRESS IS GOING TO BE -- AFTER THE 1387, BUT THERE IS SOME COMMERCIAL THAT IS GOING ON A MILE FROM THE MOUNTAIN IS FROM WHERE WE'RE, WHERE WE'RE AT.

I JUST WANT TO TAKE A MINUTE AND THANK YOU GUYS, YOU KNOW, FOR ALLOWING US TO BE HERE. I DO HAVE A LETTER FROM MARK , RUN OF THE RESIDENTS FROM 2330, BUT WAS NOT ABLE TO BE HERE TONIGHT. I'D LIKE TO READ ON HIS BEHALF. AND IT SAYS, DEAR PLANNING AND ZONING DEPARTMENT, I'M WRITING TO FORMALLY EXPRESS MY SUPPORT FOR THE REZONING OF MY RESIDENTIAL PROPERTY LOCATED AT 2330 -- 1387. THE COMMERCIAL ZONING AT THE PROPERTY OWNER AND MEMBER OF THE MIDLOTHIAN COMMUNITY, I BELIEVE THAT THIS CHANGE ALIGNS WITH THE CITY'S ONGOING DEVELOPMENT, AND WILL ENHANCE THE AREA'S ECONOMIC POTENTIAL.

THE PROPOSED REZONING WILL NOT ONLY INCREASE THE UTILITY VALUE OF THE PROPERTY, BUT ALSO CONTRIBUTE POSITIVELY TO A LOCAL ECONOMY BY ALLOWING FOR NEW COMMERCIAL OPPORTUNITIES THAT BENEFIT BOTH RESIDENTS AND BUSINESSES ALIKE. I'M CONFIDENT THAT THIS TRANSITION IS IN THE BEST INTEREST OF THE COMMUNITY, AND WE GREATLY APPRECIATE YOUR FAITHFUL CONSIDERATION FOR MY REQUEST. THANK YOU FOR YOUR ATTENTION TO THIS MATTER. I LOOK FORWARD TO WORKING WITH THE CITY THROUGHOUT THIS PROCESS, AND HAPPY TO PROVIDE ANY ADDITIONAL INFORMATION AS NEEDED. MY STATEMENT IS, YOU KNOW, THE IMMINENT ACQUISITION WILL LEAVE THE REMAINDER OF OUR PROPERTY THAT IS NOT SUITABLE FOR RESIDENTIAL DEVELOPMENT, SO WE -- REZONING OF THE AFFECTED AREA TO ALLOW FOR ALTERNATIVE USES THAT FIT THE NEW LANDSCAPE OF THE COMMUNITY NEEDS. WE'RE SEEKING TO CHANGE THE ZONING AND PLANNING DEVELOPMENT DISTRICT BASED ON THE TWO PROFESSIONAL ZONING THAT WORKED WITH BRIAN AND CITY ON TO USE THE STANDARDS.

>> DURING THE FN 13 SEVEN ROAD EXPANSION, WE BELIEVE THE GENERAL PROFESSIONAL ZONING DISTRICT USES WOULD BE VIABLE IN THIS LOCATION. THIS SUBURBAN LOW-DENSITY MODELS REPORTS SOME NEIGHBORING -- USES. THE SINGLE-FAMILY RESIDENTIAL COMPONENT DRIVES THIS MODULE WITH LIMITED SMALL-SCALE NEIGHBORHOODS SERVICES DEVELOPMENT AND SECONDARY COMPONENTS, PROVIDING CONVENIENT ACCESS TO DAILY GOODS AND SERVICES WHILE STILL PRESERVING THE SMALL TOWN FEELING WITHIN THIS DEVELOPMENT. THE NATURE OF THIS AREA IS CHANGING. CURRENTLY THERE IS A DAY CARE AT THE NORTHWEST CORNER OF KIRK ROAD AND LAUREN DRIVE. WITH THE FUTURE SIX LANE DIVIDED ROAD, THIS CREATES MORE COMMERCIAL AESTHETICS. THIS AREA IS NO LONGER PURELY RESIDENTIAL. AND FN 1387 WIDENING CREATES A DIFFERENT STREETSCAPE ENVIRONMENT THAT CAN HANDLE MORE TRAFFIC AND VOLUME. THE PD PROVIDES AN OPPORTUNITY FOR THE AREA TO START SHAPING A NONRESIDENTIAL PORTION ALONG THE SOUTH SIDE OF 1387. WE RECEIVED GREAT SUPPORT FROM MANY OF OUR NEIGHBORS, AND WE BELIEVE THIS PROPOSAL WILL BENEFIT THE ENTIRE COMMUNITY.

YOUR CONSIDERATION IS, IS HIM OF THIS REQUEST IS GREATLY APPRECIATED. WE'D LIKE TO THANK YOU FOR YOUR TIME AND

ATTENTION TO THIS MATTER. >> DID YOU WANT TO SUBMIT --

>> YES, SIR. >> OKAY, IF YOU WANT TO LET ME HAVE IT, I'LL MAKE SURE -- ANY QUESTIONS FOR MR. MELVIN?

>> ANY OTHER APPLICANTS ARE HERE AS WELL.

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

>> CYNTHIA JACOBS ? IF YOU WILL IDENTIFY YOURSELF, AND YOUR

ADDRESS, MA'AM. >> I'M CYNTHIA JACOBS. I AM AT 2428 FM, ONE 1387, AND I'M IN FAVOR OF WHAT WE'RE TRYING TO DO HERE, AND EVERYTHING THAT EVERYONE HAD SAID, I'M IN

FAVOR. >> OKAY. ALL RIGHT. DAVID

BOSTIC. >> MY NAME IS DAVID BOSTWICK. I LIVE AT 2468 FM 1387. PROPERTY BEING ACQUISITION BY TXDOT, BUT THEY'RE NOT PLANNING TO TAKE THE WHOLE PROPERTY. SO I WOULDN'T HAVE ANYTHING I WOULD WANT TO DO WITH THE REMAINDER OF THAT PROPERTY. I WOULDN'T WANT TO UPKEEP IT WHILE I MOVED SOMEWHERE ELSE. SO I THINK THAT TRYING TO BUILD A HOUSE THERE WOULD NOT BE A GREAT IDEA FOR ME OR ANY DEVELOPER. SO, FOR THAT REASON, I REQUEST THAT I WOULD LIKE TO HAVE THIS

REZONING REQUEST APPROVED. >> OKAY. THANKS, SIR. I HAVE A TRIO, DID I SAY THAT RIGHT, DAN? ALL RIGHT. NAME AND

ADDRESS? >> HI, YES.

FM 1387. AND I'M AGREEING WITH THEM FOR THE SAME REASONS THAT -- GAVE US THE OPTION THAT WE COULD BUILD -- HUSBAND'S NOT HERE, BUT HE ALSO HAD -- ABOUT THE FACT THAT WE CURRENTLY HAVE SEPTIC, AND I THINK THAT'S ALSO GOING TO BE

[01:30:03]

AN ISSUE WHEN BUILDING, AGAIN. SO THERE'S NOT MUCH TO DO LEFT WITH THAT LAND. AND THE OTHER THING IS IF WE TO SELL THAT PROPERTY, I MEAN, WHAT MUCH CAN BE DONE WITH THAT LAND? BUT, LIKE, IF EVERYBODY COMES TOGETHER TO REZONE THE AREA AND POSSIBLY MAKE IT INTO A COMMERCIAL ZONING AREA. SO.

>> OKAY. THANK YOU. >> THANK YOU.

>> THAT'S ALL OF THE ONES THAT I HAVE UP HERE. ARE WE MISSING ANYBODY? ANYBODY ELSE WISH TO SPEAK? OKAY. NOW I'LL ENTER ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

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

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

>> AYE. >> ANY OPPOSED? IT IS UNANIMOUS. FLOOR IS OPEN FOR DISCUSSION AND ACTION.

>> THE ONE THING I DO WANT TO SAY IS, I DON'T HAVE A PROBLEM WITH THIS. I THINK IT'S FINE. BUT I DID HAVE PROPERTY IN DALLAS THAT TXDOT TOOK PART OF, AND, AND LEFT ME THE REST OF IT, SO I, I'M, I'VE GONE THROUGH THIS. AND I JUST DON'T WANT YOU TO GET YOUR, EVERY EXPERIENCE I HAD WITH TXDOT, IT WAS ON THE CURRENT VALUE. IT WASN'T ON ANY POTENTIAL FUTURE VALUE, WASN'T ON ANY LONG-TERM LEASE WITH SOMEBODY ELSE. THEY, I MEAN, THAT WAS STRESSED, JUST ADDS UP TODAY. SO IF IT'S STILL BEING RESIDENCES OR THINGS LIKE THAT, I JUST, I THINK Y'ALL WERE IN A GREAT POSITION. THEY'RE GOING TO GIVE YOU A REASONABLE AMOUNT OF MONEY, AND -- CAN'T DO ANYTHING WITH. BUT DON'T, DON'T THINK THAT, YOU KNOW, BY THE ZONING CHANGE, IT'S GOING TO BE VIEWED AS A COMMERCIAL PROPERTY AT THAT POINT. SOMEBODY'S GOING TO HAVE TO COME IN AT SOME POINT AND DO WHAT YOU'RE DOING, AND TAKE IT ALTOGETHER, AND BUILD SOMETHING OUT OF IT. BUT TXDOT PROBABLY GOING TO VALUE -- JUST MY THOUGHT.

>> I THINK THIS IS AN EXCELLENT IDEA. I THINK THE PROPERTY OWNERS HAVE DONE A GREAT JOB IN LOOKING AT THE FUTURE AND WHERE THIS IS GOING. AND, YOU KNOW, WHEN WE HAD THE TOM THUMB, WE REALIZE THAT, AT LEAST I DID, AND I'VE MADE THAT POINT, THAT WE HAVE, LIKE, IF WE DIVIDED THE TOWN INTO THE HERITAGE HIGH SCHOOL NEIGHBORHOOD AND THE MIDLOTHIAN HIGH NEIGHBORHOOD, THERE IS NO COMMERCIAL DEVELOPER THERE IN EACH SIDE OF TOWN. IT HAS A COFFEE SHOP AND THEN, AND AN AUTO REPAIR SHOP -- BUT IT DOESN'T, DIDN'T HAVE ANYTHING ELSE OVER THERE.

AND I THINK RECOGNIZING EARLY THERE'S A NEED FOR A COMMERCIAL DEVELOPMENT AND GETTING AHEAD OF THAT, I THINK THIS IS EXCELLENT, AND THE BEST, THE HIGHEST AND BEST USE FOR THIS POTENTIAL PROPERTY AND WHY WE ZONE IS TO HAVE DEVELOPMENTS EARLY -- CHANGING OUR ZONING WHEN WE SEE OPPORTUNITIES AND CHALLENGES THAT ARE COMING AND BEING ADDRESSED. SO I'M 100% SUPPORTING THIS.

>> I'LL AGREE WITH THAT. THEY'RE ALL LESS THAN AN ACRE RIGHT NOW, CURRENTLY. ONE OF THE'S ALMOST AN ACRE -- .6.

PLUS OR MINUS. SO TXDOT COMES IN, THERE'S NOT GOING TO BE MUCH LEFT FOR ANOTHER RESIDENT, SO I WOULD AGREE.

>> ANYONE ELSE? I'LL MAKE THAT A MOTION, SIR.

>> I'LL MAKE A MOTION TO APPROVE AS PRESENTED.

[011 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance and Zoning Map, by changing the zoning of 46.661+ acres out of the Larkin W. Stewart Survey, Abstract No. 977, from Agricultural (A) District to Planned Development District No. 181 (PD-181) for single family residential uses; adopting development regulations with site plan. The property is located at 6240 Hayes Road. (Z20-2024-085)]

>> SECOND. >> OKAY, WE HAVE A MOTION OF THE SECOND TO APPROVE. ANY FURTHER DISCUSSION? ALL IN

FAVOR, AYE. >> AYE.

>> ANY OPPOSED? IT IS UNANIMOUS.

>> THANK YOU. >> WE'LL MOVE TO ITEM 11. -- ACT UPON -- MIDLOTHIAN ZONING ORDINANCE AND ZONING MAP, BY CHANGING THE ZONING OF 46.661+ OR MINUS ACRES OUT OF THE LARKIN W. STEWART SURVEY, ABSTRACT NUMBER 977, FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT NUMBER 181 FOR A SINGLE-FAMILY RESIDENTIAL USES, ADOPTING DEVELOPMENT REGULATIONS WITH SITE PLAN. THE PROPERTY IS

LOCATED AT 6240 HAYES ROAD. >> CHAIR MAN, COMMISSIONERS, THIS IS A PROPOSAL FOR A RESIDENTIAL PD WITH A SINGLE-FAMILY -- ZONING. THERE ARE 100 A SINGLE-FAMILY LOTS.

THE LOTS WOULD BE APPROXIMATELY 10,000 SQUARE FEET. 7.29 ACRES OF OPEN SPACE. SOME OF THAT WOULD BE PARK. THE DENSITY IS 2.79 -- PER ACRE. IT'S IN AN AGRICULTURAL DISTRICT FEATURE LAND USE PLAN. SHOWS THIS AS CORPORATE MODULE. BOTH THE 2018 AND THE 2024 PLAN SHOWED AS CORPORATE MODULE. AND THAT'S ONE OF THE REASONS THAT STAFF JUST IS ABLE TO SUPPORT THIS.

THERE IS NOT A LOT OF DETAIL GIVEN WITH THE APPLICATION. THE REASON FOR THAT IS THAT THEY UNDERSTOOD THAT THEY'RE GOING

[01:35:03]

AGAINST THE CORPORATE MODULE. SO THEY JUST WANTED TO AT LEAST BE ABLE TO COME BEFORE YOU AND MAKE THEIR CASE. SO WHAT'S SURROUNDING THEM IS, TO THE NORTH, IT'S A DJ WITH LARGE LOT, ONE ACRE OF GREGOR. TO THE WEST IS HAYES CROSSING, WHICH IS KIND OF THE MODEL THEY WERE LOOKING AT IN TERMS OF SCALE AND AMENITIES. TO THE EAST, THIS PARCEL IS ZONED MOSTLY LIGHT INDUSTRIAL. IT HAS, LIKE, A STRIP OF GENERAL PROFESSIONAL ALONG HAYES ROAD. TO THE SOUTH AND WEST, THAT'S THE HIGHLANDS, WHICH IS BROKEN UP INTO OFFICE WAREHOUSE ON THE EAST OF HAYES ROAD, AND THAT RESIDENTIAL TO THE WEST. IT'S LARGER LOT RESIDENTIAL. AND, OF COURSE, FARTHER SOUTH IS THE AIRPORT. IT IS SHOWN AS A CORPORATE MODULE TO THE SOUTH AND EAST. TO THE WEST, IT'S MEDIUM DENSITY RESIDENTIAL. SO WHAT THEY'RE PROPOSING IS TO ACCESS POINTS ON HAYES ROAD, AND THIS IS ANOTHER CONCERN OF STAFF. SO THEY HAVE A STUB OUT THAT WOULD GO TO THE FUTURE EXTENSION. IT PROBABLY WON'T BE CALLED HAYES ROAD. BUT THE NORTH-SOUTH ROAD, AS YOU GUYS PROBABLY KNOW, HAYES ROAD CHANGES DIRECTION HERE. BUT WHATEVER THIS IS NAMED, THEY'RE PROPOSING A STUB OUT. WE DON'T KNOW WHEN THAT ROAD IS GOING TO BE BUILT. SO THE TRAFFIC WILL BE GOING TOWARD, REALLY, TOWARD FM 1387 TO THE NORTHWEST. HAYES AT FN 1387 IS A LEVEL OF SERVICE C , IN THIS IMMEDIATE AREA, IT'S LOS C. SO I'M ASSUMING EVERYONE KNOWS WHAT LEVEL OF SERVICE MEANS. DO I NEED TO GO INTO AN EXPLANATION ON THAT? OR HAVE MIKE DO THAT? OUR CONCERN IS IT REALLY DOES, THE TRAFFIC REALLY DOES GO TO 1387. LONG RIDGE ROAD IS REALLY MORE OF A RURAL ROAD THAT HAS SOME AREAS THAT ARE REALLY JUST DIRT. THEY ARE PROPOSING TO BUILD HALF OF HAYES ROAD WITH, JUST AT THE POINT OF ENTRANCE, WITH, YOU KNOW, SCREEN -- AND LANDSCAPE. HOWEVER, HAYES ROAD AS IT IS TODAY IS VERY NARROW WITH VERTICAL CHALLENGES. VERTICAL CHALLENGES MEANING THERE IS A LOW POINT WHERE THERE IS WATER, -- WATER -- SO I THINK I'M GOING TO PASS ON GOING THROUGH ALL THE DEVELOPMENT STANDARDS. THEY'RE VERY SIMILAR TO HAYES CROSSING.

IT'S, I MEAN, THE MAIN DIFFERENCES ARE THE DWELLING UNITS ARE JUST A LITTLE BIT SMALLER, 1700 VERSUS 1800. THE GARAGES THEY'RE PROPOSING ARE 75% OF THE GARAGES WILL BE SIDE ENTRY GARAGES. AND THEY'RE, THEY'RE WILLING TO DO AND HE MONOTONY AND ALL OF THAT. AND I'M GOING TO COME BACK TO THAT. BUT I DO WANT TO POINT OUT THAT THIS IS LONG, LONG BRANCH ROAD. SO THEY'RE HERE . AND IN LONG BRANCH ROAD, IF YOU WANT TO GO THAT DIRECTION, IT'S, I MEAN, YOU HAVE TO GO A LONG WAY TO GET TO 287. SO IT'S REALLY NOT AN ALTERNATIVE ROUTE. SO WE SENT NOTICES TO 14 PEOPLE, ADJACENT PROPERTY OWNERS. SEVERAL PEOPLE CALLED. ONLY TWO PEOPLE GAVE WRITTEN RESPONSES. ONE WAS ADAMANTLY OPPOSED. IT WAS A PERSON THAT OWNS THIS TRACK TO THE SOUTH . THE PROPERTY OWNER TO THE EAST.

SO THEY DIDN'T WANT TO SAY THEY WERE OPPOSED, BUT THAT THEY HAD CONCERNS. SO THEY'RE CONCERNED BECAUSE THEY'RE PROPOSING LIGHT INDUSTRIAL, AND THEY'RE JUST WORRIED THAT THERE WILL BE RESIDENTS THERE THAT WILL NOT ACCEPT, YOU KNOW, THE ADJACENCY. SO STAFF IS RECOMMENDING DENIAL BASED ON THE INCONSISTENCY WITH THE FUTURE LAND USE PLAN THAT WE DON'T HAVE A DEFINITIVE BOUNDARY FOR THE PARK, THAT WE DON'T HAVE SOME OF THE DETAIL WE USUALLY DO TO PROVIDE TO YOU TO DESCRIBE THE CHARACTER OF THE PROPOSED DEVELOPMENT. AND

[01:40:01]

THEN ALSO, JUST WITH SOME OF THE TRAFFIC TRANSPORTATION ISSUES. AND WE DO HAVE MIKE ADAMS HERE IF YOU WANT TO DELVE INTO THAT A LITTLE BIT MORE. OKAY.

>> I, I WOULD LIKE TO HEAR FROM MIKE.

>> OKAY. >> YEAH.

>> IS THE AIRPORT BEEN INFORMED, OR BEEN ANY

DISCUSSION ON THIS? >> WE WERE ASKED TO PUT SOMETHING IN THERE ABOUT THE AIRPORT, BUT IT'S NOT REALLY OFFICIALLY APPROVED. I MEAN, THE AIRPORT TALKS ABOUT , JUST HAS SOME GENERAL RECOMMENDATIONS FOR THE AREA THAT ARE CONSISTENT WITH THE CORPORATE MODULE. BUT THE NEWLY REVISED PLAN HASN'T BEEN ADOPTED YET.

>> THANKS. >> MIKE? I DON'T KNOW WHICH, WHICH ONE -- IS THAT HELPFUL TO YOU?

>> YES SIR, MR. CHAIRMAN. >> I JUST WANT TO HEAR YOUR INPUT, IF YOU'RE HAVE ANY CONCERNS, OR --

>> RIGHT NOW, AS MARY INDICATED, BASED ON THEIR TRAFFIC IMPACT, IT'S A LEVEL -- 1387 -- BOTH IN THE MORNING AND IN THE, IN THE -- SO THAT CREATES CHALLENGES. AGAIN, WE KNOW TXDOT, YOU KNOW, IS STILL SEVERAL YEARS OUT. THEY -- THOSE IMPROVEMENTS -- YOU'RE PROBABLY LOOKING AT, YOU KNOW, LATE 2020S OR EARLY 2030S -- ONE OF THE THINGS THAT WE CAN DO, AND WE HAVE, WE HAVE TWICE, WE HAVE ASKED FOR A -- HAYES ROAD AND 1387 -- TXDOT CAME BACK AND SAID IT DIDN'T MEET -- WE DO HAVE HAYES CROSSING -- SOME OTHER TRAFFIC THAT'S THERE RIGHT NOW. SO KIND OF LOOKING AT, AGAIN, WITH WHAT THEIR EXISTING HAYES ROAD EAST-WEST, IS ABOUT 16 FEET, 18 FEET WIDE. IT'S NOT, IT'S NOT WIDE, YOU KNOW, AT ALL. THERE IS VERY LIMITED TRAFFIC THAT'S ON IT RIGHT NOW. BASED ON THEIR TRAFFIC IMPACT, YOU KNOW, AND NUMBER OF LOTS, YOU'RE LOOKING AT ROUGHLY 1100 TRIPS, TRIPS A DAY THAT WILL BE GENERATED FROM THIS -- AND AS MARY INDICATED, I MEAN, LONG-TERM, -- BUT IT WILL EXTEND DOWN THE 287, THE WHEN YOU HAVE THAT ABILITY WITH THE NORTH-SOUTH, AGAIN, THAT WOULD BE A GREAT CONNECTOR. BUT JUST RIGHT NOW, FOR THE MOST PART, EVERYTHING WILL HAVE TO COME TO HAYES ROAD, EAST-WEST, AND MOST -- THAT'S GOING TO BE THE EASIEST -- 1387. EITHER GOING, YOU KNOW, HAYES AT 1387, RIGHT NOW WHERE THERE'S NOT A SINGLE, AND IT IS -- GET OUT.

OF THAT AREA. OR IN THE MORNINGS -- LONG BRANCH, YOU BASICALLY, THAT LINES UP RIGHT WITH -- SCHOOL DRIVE, WHERE ALL THE TRAFFIC IS GOING. SO -- WITHIN THE T.I.A., THEY DID RECOMMEND, YOU KNOW -- SIGNAL AT HAYES AND 1387. NO OTHER, NO

OTHER APPROVALS -- >> OKAY. OKAY. ANY QUESTIONS? OKAY. THANKS, MIKE. OKAY. IS THE APPLICANT PRESENT? IF YOU WOULD STATE YOUR NAME AND YOUR ADDRESS, PLEASE.

>> MY NAME IS JOHN MCKENZIE. 1090 EXCHANGE, ALLEN, TEXAS.

CHAIRMAN, COMMISSION. WHAT I WANT TO TALK A LITTLE BIT ABOUT TONIGHT WAS KIND OF THE BEST USE OF THIS LAND FROM WHAT WE SAY, WORKING WITH DR. BLEDSOE, AND, CAN I --

>> THE WHOLE TEAM. THEY'VE BEEN GREAT TO WORK WITH, AND THEY UNDERSTAND THEIR POSITION. BUT LOOKING AT, AS WE STARTED WORKING WITH DR. BLEDSOE AND HIS WISHES TO, HE IS, HE IS CURRENTLY A PROFESSOR OUT AT, AT LAS VEGAS UNIVERSITY. AND SO HE IS TRYING TO, TO RELOCATE . AND, IN DOING SO, WE LOOKED AT THIS PROPERTY KNOWING THAT IT'S CORPORATE MODULE RIGHT NOW, KNOWING THAT IT CAN BE USED FOR LIGHT INDUSTRIAL OR SOME KIND OF OFFICE COMPLEX AND SO ON, SO FORTH. WE LOOK AT IT A LITTLE BIT DIFFERENT, FROM THE ASPECT OF, WE'VE GOT HAYES CROSSING, WHICH IS A PHENOMENAL DEVELOPMENT. HOMES ARE SELLING, YOU KNOW, JUST LIKE NORMAL. AND THEY'RE PRICED BETWEEN THE 450S AND 650S, AND SOMETHING SIMILAR. SO WE LOOK AT THAT AND SAID, THIS WOULD BE THE GREAT USE OF THAT TYPE OF

[01:45:01]

DEVELOPMENT. WE ALSO LOOKED AT THE HIGHLAND DEVELOPMENT, AND NOTICE THAT, YOU KNOW, THAT IN THE FUTURE, THAT WAS RECENTLY APPROVED IN 2022. SO A LOT OF RESIDENTIAL HERE. I UNDERSTAND THE CORPORATE MODULE, BUT WHAT WE'RE TRYING TO DO IS RETAIN THIS STATE THAT DR. BLEDSOE BUILT. IT'S ABOUT 10,000 SQUARE-FOOT HOUSE. AND SO IF IT GOES TO MORE OF A LIGHT INDUSTRIAL, THAT HOUSE WILL HAVE COME DOWN. SO WE'RE TRYING TO PRESERVE THAT. WE'RE ALSO PRESERVING SOME OF THE OPEN SPACE. I TRULY UNDERSTAND THE CONCERNS ABOUT THE TRAFFIC, UNTIL THE NORTH-SOUTH HAYES PAIN IS COMPLETED, OR WHATEVER THE NAME WILL BE. AND WE TALKED A LITTLE BIT ABOUT WHETHER OR NOT THAT WOULD BE ONE ENTRANCE UP AT THE NORTH VERSUS TWO, BUT WE WERE ALSO MINDFUL OF THE FIRE CODE. MAKE SURE THAT WE WOULD MEET THAT ONTO THE NORTH-SOUTH WAS COMPLETED. BUT AS FAR AS HIGHEST AND BEST USE, BECAUSE OF ITS ESTATE, WE FELT THAT A RESIDENTIAL WOULD FIT HERE, AND IT WOULD COINCIDE WITH THE OTHER TWO RESIDENTIAL DEVELOPMENTS, WHILE STILL LEAVING YOU THE CORPORATE MODULE, AND YOUR FUTURE COLLECTOR GOING TO THE WEST, WHICH IS FROM YOUR SOUTH OF OUR PROPERTY, AS OPPOSED TO CONNECTING OUR PROPERTY. SO OUR VIEW IS JUST BASICALLY THAT IT WOULD BE BETTER SUITED FOR A RESIDENT, JUST IN THIS CORNER. I DO KNOW THAT THE 2024 SHOWS MORE RESIDENTIAL , BUT STILL RETAINS THE CORPORATE MODULE, BUT I DID NOTICE THAT THE RESIDENTIAL IS ALSO NOW -- RESIDENTIAL, WHICH IS UP TO EIGHT DWELLING UNITS. WE'RE STILL TRYING TO MAINTAIN THE VERY SIMILARITIES OF SAYING -- THREE. AND SO IT'S STILL GOT THAT COMMUNITY AFFECTS THAT'S ALREADY PRESENT, AND IT'S ALREADY BEEN APPROVED. THAT'S

OUR CASE. >> THE MEDIAN DENSITY WAS REVISED TO FOUR, AND I CAN SHARE THAT SLIDE. IT'S ALL

RIGHT. >> QUESTIONS TO THE APPLICANT?

>> I HAVE MY ENGINEER HERE, TOO, IF WE HAVE ANY TECHNICAL

QUESTIONS. >> ALL RIGHT. THANK YOU, SIR.

OKAY. THAT'S -- WE DO HAVE ONE -- I HAVE NONE OTHERS, SO WITH THAT, I ENTERTAIN A MOTION TO CLOSE IT. --

>> -- ONLINE TODAY. >> OKAY. I DON'T HAVE IT UP HERE, BUT IF YOU WANT TO COME UP, WE'LL ALLOW YOU TO SPEAK, JUST IF YOU WOULD. WHEN YOU'RE DONE, IF YOU SEE THIS YOUNG

LADY, FILL OUT A FORM FOR US. >> MY NAME IS EMILY PHILLIPS, AND MY ADDRESS IS ACTUALLY 6240. THE ADDRESS IS CORRECT, OR IS INCORRECT ON Y'ALL'S AGENDA AND ON THAT PRESENTATION. THE ADDRESS OF THAT PROPERTY IS 6420. YEAH.

>> AND WE CHECKED -- YEAH. WE CHECKED THE NOTICE. IT WAS NOTICED CORRECTLY. FOR THE LEGAL NOTICE.

>> OKAY. SO MY PROPERTY IS THE HOUSE, IF YOU LOOK, ALL THE TREES, SO THAT ACTUALLY A CREEK BED , AND MY HOUSE IS THAT HOUSE WITH, LIKE, THE BIG DRIVEWAY. SO WE ARE OPPOSED TO THIS FOR SEVERAL REASONS. ONE, I'M GOING TO START WITH THE CREEK BED THAT'S MORE OF A DRAINAGE, AND OUR CONCERN IS, YOU TAKE LAND THAT'S CURRENTLY DRAINING WATER AND YOU PUT A BUNCH OF HOUSES AND A BUNCH OF CONCRETE ON IT, AND I, WE WORRY ABOUT THAT, BECAUSE THAT IS OUR BACKYARD. WE ARE ORIGINALLY FROM THE HOUSTON AREA, AND WE'VE SEEN WHAT HAPPENS WHEN YOU PUT A BUNCH OF HOUSES ON PRAIRIE LAND AND ON FARMLAND.

BUT OUR OTHER BIG CONCERN IS THE INFRASTRUCTURE AND THE ROAD. THE ROAD IS TRULY A ONE LANE ROAD. YOU HAVE TO EITHER PULL OVER ON A DISH, IF THE DITCH IS AVAILABLE TO PULL OVER, WHICH THERE ARE SECTIONS THAT YOU CANNOT, OR YOU HAVE TO PULL IN SOMEONE'S DRIVEWAY. THE MAILBOXES ARE CONSTANTLY HIT. THERE'S CONSTANTLY SIDE MIRRORS IN THE DITCH, BECAUSE PEOPLE ARE GOING ON THE ROAD. THE ROAD, THE SECTION, ACTUALLY, THEY'RE KIND OF SHOWING TO LONG BRANCH WAS REPAVED MAYBE ABOUT FIVE, 5 1/2 YEARS AGO, AND IT'S ALREADY IN HORRIBLE SHAPE. LIKE, POTHOLES, DITCHES. SO I'D BE CONCERNED IS TRAFFIC, AND TALK ABOUT 1387. I UNDERSTAND THAT TXDOT SAYS IT DOESN'T WARRANT A LIGHT, BUT IF YOU ARE A PARENT OR STUDENT TRYING TO GET ON 1387 TO GET TO THE HIGH SCHOOL OR TO THE JUNIOR HIGH RIGHT NOW, IT'S IMPOSSIBLE, AND IT'S DANGEROUS. SO THAT'S OUR BIG OPPOSITION. I UNDERSTAND THAT THE CITY IS GROWING, AND EVENTUALLY SOMETHING'S GOING TO HAVE TO BE DONE, BUT I DON'T THINK YOU CAN KEEP APPROVING HOUSING WITHOUT THE INFRASTRUCTURE, ESPECIALLY THE

ROADS. SO THANK YOU ALL. >> THANK YOU. ANYBODY ELSE? DO

[01:50:02]

WE -- OKAY. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC

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

THE PUBLIC HEARING. >> SECOND.

>> WE HAVE A MOTION IN THE PUBLIC -- ALL IN FAVOR, AYE.

>> AYE. >> ANY OPPOSED? IT IS UNANIMOUS. FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I MEAN, I, I SUPPORT THE STAFF'S RECOMMENDATION ON THIS ONE. I THINK WE, YOU KNOW, THE CONFERENCE OF PLAN IS THERE FOR A REASON. THIS IS NEAR THE AIRPORT. -- AREA SHOULD BE SURROUNDED WITH KIND OF INDUSTRIAL, LIGHT INDUSTRIAL, CORPORATE MODULE. SO IT'S CONSISTENT. THERE ARE THE ROAD ISSUES, AND I KIND OF WANT TO GO BACK TO THE FACT THAT WE, KIND OF ECHOING WHAT WE JUST HEARD IN THE PREVIOUS ONE ABOUT DEVELOPMENT ALONG 1387, EIGHT, THERE'S A LOT OF HOUSES ALONG THERE. THERE'S NOT A LOT OF OTHER TYPES OF USES. WE'RE VERY SATURATED WITH HOUSING ON THAT, AND THIS IS PROBABLY THE KIND OF DEVELOPMENTS BETTER SITUATED FOR INFILL IN ANOTHER PART OF TOWN , WHERE WE HAVE INFRASTRUCTURE IN PLACE, THAT WOULD BE SUITABLE, BOTH IN TERMS OF DRAINAGE, IT'S BEEN RAISED, AND IN TERMS OF THE -- SO.

>> ANYONE ELSE? OKAY. >> I WOULD MAKE A MOTION TO

DENY. >> SECOND.

>> WE HAVE A MOTION AND A SECOND TO DENY. DISCUSSION? NOW

ALL IN FAVOR, AYE. >> AYE.

>> ANY OPPOSED? IT IS UNANIMOUS. QUESTION, SIR?

[012 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a “secondary dwelling” relating to the use and development of Lot 29, Block G, of Four Trees Estates, commonly known as 4010 Underwood Lane, City of Midlothian, Ellis County, Texas. The property is presently zoned Planned Development 77 (PD-77) District and is located on 1.61+ acres. (SUP16-2024-77)]

CONTINUING IT. >> OKAY. ALL RIGHT. WE'LL MOVE TO ITEM 12, AND THAT ITEM IS GOING TO BE CONTINUED. DO WE

HAVE A DATE CERTAIN FOR THAT? >> YES SIR. THE NOVEMBER 19TH

MEETING. >> OKAY. WE CONTINUE TO NOVEMBER THE 19TH. OKAY. STAFF, YOU HAVE ANYTHING ELSE?

>> NO. >> COMMISSIONERS, ANYBODY HAVE ANYTHING? OKAY. I'LL ENTERTAIN A MOTION TO ADJOURN.

>> I'LL SECOND THAT. >> ALL IN FAVOR, AYE.

>> AYE. >> THAT'S A RARE --

* This transcript was compiled from uncorrected Closed Captioning.

CONSENT AGENDA

Oct 15, 2024 Planning and Zoning Commission

CONSENT AGENDA

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