[009 Conduct a public hearing and consider and act upon an ordinance amending the City’s zoning regulations by changing the zoning of the southern 63 feet of Lot 2, Block 52, Original Town of Midlothian from Residential Three (R-3) District to Urban Village Planned Development District No. 114 (UVPD-114) and amending and restating the development and use regulations of UVPD 114. The property is located at 101 and 105 South 3rd Street. (Z10-2025-013)]

RAISE YOUR HAND FOR HOW MANY OF YOU ARE HERE? WE ARE GOING TO GO TO THAT ONE FIRST SO WE DON'T KEEP YOU FOLKS LATE IN CASE WE HAVE ANOTHER. WE WILL MOVE TO 009, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY'S ZONING REGULATIONS BY CHANGING THE ZONING OF THE SOUTHERN 63 FEET OF LOT 2, BLOCK 52, ORIGINAL TOWN OF MIDLOTHIAN FROM RESIDENTIAL THREE, R-3, DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NUMBER 114, UVPD-114 AND AMENDING AND RESTATING THE DEVELOPMENT AND USE REGULATIONS OF UVPD114. THE PROPERTY IS LOCATED AT 101 AND 105 SOUTH 3RD STREET.

Z10-2025-013. >>

>> IS THAT BETTER? SORRY. >> GOOD EVENING, COMMISSIONERS.

I WOULD LIKE TO PREFACE THIS BY SAYING THAT I HAVE ANY RETAINER SO I AM SORRY I HAVE A LISP, IT IS VERY UNFORTUNATE TIMING.

>> HELLO? IS THAT BETTER? OKAY. I WILL JUST TALK CLOSE. SO, THIS IS A PLANNED DEVELOPMENT, AMENDMENT AND REASON FOR 101 AND 105 SOUTH 3RD AS JUST STATED. THE REQUEST IS FOR THE RE-ZONE .

101 IS CURRENTLY ZONED URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NUMBER 114 AND 105 IS ZONED RESIDENTIAL THREE. THE OWNERS OF THE LOCAL ICE CREAM PLACE WOULD LIKE TO MOVE THEIR BUSINESS TO 105 SOUTH 3RD STREET FOR MORE SEATING, ACCESS. THEY ARE A CURRENT WALK-UP WINDOW SO WHEN IT GETS COLD OR THE WEATHER IS BAD, IT IS KIND OF HARD TO SELL ICE CREAM AND THEY ARE WANTING TO TURN 101 INTO SOME SORT OF BEVERAGE SHOP WITH PREPACKAGED FOOD. THE FUTURE LAND USE OF BOTH PROPERTIES ARE IN THE ORIGINAL TOWN MODULE. THE TOTAL ACREAGE OF BOTH PROPERTIES TOGETHER IS 0.396 ACRES. SO, IN THE AMENDMENT, THE PROPOSED USES OUR PROFESSIONAL OFFICE, RESTAURANT, BUT THERE WILL BE REGULATIONS -- ON-SITE BAKING, COOKING A POT FOOD AND HEAVY FOOD PREPARATION EQUIPMENT IS PROHIBITED. THEY ARE ONLY ALLOWED TO HAVE KITCHEN COUNTERTOP APPLIANCES. RIGHT NOW, THEY DO SERVE WAFFLES SO THEY HAVE A WAFFLE MAKER FOR THAT. THE MENU IS COLD/FROZEN FOOD, HOT AND COLD BEVERAGES AND FOOD PREPARED IN A KITCHEN COUNTER APPLIANCE. THERE WILL BE A FREEZER FOR ICE CREAM PRODUCTS IN THE GARAGE EXPANSION AREA BEHIND 101. AND, RIGHT HERE, YOU CAN SEE THE TWO PROPERTIES.

AROUND THE PROPERTIES, WE HAVE WHAT THEIR EXISTING USE IS AND THE FUTURE LAND USE. ALL OF THE EXISTING PROPERTIES SURROUNDING 101 AND 105, THE EXISTING LAND-USE TO THE NORTH IS THE CURRENT ICE CREAM SHOP. THE SOUTH IS A SINGLE-FAMILY

[00:10:02]

RESIDENT. TO THE EAST IS A SINGLE-FAMILY RESIDENCE/THE INSTITUTIONAL GYMNASIUM THAT MIC HAS. TO THE WEST IS A PROFESSIONAL OFFICE AND A SINGLE-FAMILY RESIDENCE. THIS IS THE SITE PLAN FOR BOTH PROPERTIES. THEN, SOME SPECIAL CONSIDERATIONS THAT WILL BE PUT IN IS ALL LIGHTING WILL BE DECORATIVE, PEDESTRIAN STYLE, SHIELDED AND DOWNCAST AND SHALL NOT EXCEED 10 FEET IN HEIGHT . BOTH PROPERTIES WILL USE COMMERCIAL TRASH PICKUP SERVICE, MEETING THE NEED FOR DUMPSTER.

THE COMMERCIAL PICK UP TRASH BUSINESS IS CONSISTENT WITH THE SURROUNDING BUSINESSES. THE CONCRETE SIDEWALK WILL BE PROVIDED BETWEEN THE TWO PROPERTIES AND A FENCE IN BETWEEN BOTH PROPERTIES WILL BE REMOVED, CREATING CONNECTIVITY.

THEN, HERE IS THE LANDSCAPE PLAN FOR BOTH PROPERTIES.

>> SIGNAGE. ONE WALL SIGN IN FRONT OF THE BUILDING THAT WILL HAVE TO BE PERMITTED WITH THE ZONING ORDINANCE, THIS IS THE ORDINANCE LIMITS. THIS IS TO NO EARLIER THAN 8:00 A.M. AND NO LATER THAN 10:00 TM THERE ARE NO PROPOSED CHANGES TO THE EXISTING ALLEY AND THE CURRENT ELEVATIONS FOR 101 AND 105 SOUTH 3RD STREET WILL REMAIN THE SAME. THEN, HERE IS A CLOSER LOOK FOR THOSE

ELEVATIONS. >> OUTDOOR SEATING. PROPOSED OUTDOOR SEATING IN THE BACK OF 105 SOUTH THERE STREET IS IN A FENCED AREA. PARKING SPACES ON THE EAST SIDE OF THE BUILDING TO MEET ZONING ORDINANCE REQUIREMENTS. THERE IS A PENDING RIGHT-OF-WAY ENCROACHMENT AGREEMENT FOR THE EAST PARKING.

PARKING WILL NOT BE LOCATED IN THE ALLEY. IT IS ADA COMPLIANT.

PROPOSED PARKING SPACES WILL BE NINE FEET TO EIGHT FEET WHICH IS ALLOWED FOR ANGLED PARKING SPACES. COMPLIANT SIDEWALKS, PARKING SPACES AND THE ENTRANCE IN THE FRONT OF 105 SOUTH 3RD STREET. THAT IS COMPLIANT WITH ADA.

>> A TOTAL OF 16 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET OF BOTH PROPERTIES. TO DATE, STAFF HAS RECEIVED FOUR LETTERS OF OPPOSITION, REPRESENTING THREE PROPERTIES WITHIN 200 FEET, FOUR LETTERS OF SUPPORT REPRESENTING FOUR OWNERS WITHIN 200 FEET. STAFF HAS ALSO RECEIVED 31 LETTERS OF SUPPORT AND FOUR LETTERS OF OPPOSITION FROM CITIZENS OUTSIDE OF 200

FEET FOR THIS CASE. >> THE RECOMMENDATION , NUMBER ONE IS THE SURROUNDING LAND USE COMPATIBILITY. THE PROPOSED PROFESSIONAL OFFICE ICE CREAM SHOP AND WALK-UP FOOD BEVERAGE SHOP USES ARE COMPATIBLE WITH THE SURROUNDING LAND USES, WHICH I WENT OVER A LITTLE BIT EARLIER. THEN, THE COMPREHENSIVE PLAN FUTURE LAND USE MAP, THE ORIGINAL MODULE INCLUDES A VARIETY OF LAND USES IN THE SPACE. RESIDENTIAL AND NONRESIDENTIAL USES SHOULD COEXIST IN THIS MODULE AND SHOULD CELEBRATE THE HISTORICAL NATURE AND CONTRIBUTION TO MIDLOTHIAN'S PAST AND FUTURE. THE USE IS CONSISTENT. NUMBER THREE, THE COMPREHENSIVE PLAN POLICY, THE PROPOSED CHANGES ARE CONSISTENT WITH THE FOLLOWING IN THE 2045 GUIDING THE FUTURE COMPREHENSIVE PLAN WHICH WAS THIS PAST OCTOBER. THEY SUPPORT THE USE OF BUILDINGS WITHIN DOWNTOWN, ESTABLISH BUILDINGS STANDARDS THAT SUPPORT THE TRANSITION OF PROPERTY FROM RESIDENTIAL TO NONRESIDENTIAL USES INCLUDING ALTERNATIVE COMPLIANCE MEASURES FOR LANDSCAPING SETBACKS AND OTHER

DESIGN CRITERIA. >> THIS IS A FUTURE LAND USE MAP FROM THE CONFERENCE A PLAN. IT IS A LITTLE HARD TO SEE BUT NOT LIGHT AQUA COLOR IS THE ORIGINAL TOWN. YOU CAN SEE IT ALL HERE AND THEN CLOSER UP -- THEN, THAT IS ALL . THE APPLICANTS ARE HERE IF THERE ARE ANY QUESTIONS AND I WILL STAY UP HERE AS WELL WITH

MARY. >>'S QUESTIONS FROM STAFF? OKAY? IS THE APPLICANT PRESENT AND WISH TO SPEAK?

>> GO AHEAD AND IDENTIFY YOURSELF, SIR.

>> MY NAME IS JONATHAN DOUGLAS. I AM THE PROJECT MANAGER FOR THIS PROPERTY AND MY WIFE IS ONE OF THE OWNERS. FIRST OFF, I WANT TO THANK ALL OF YOU FOR DOING THIS. I KNOW THIS IS A VOLUNTEER POSITION AND YOU DON'T GET THAT A WHOLE LOT. SO, HOWEVER THIS GOES, THANK YOU FOR TAKING TIME OUT OF YOUR WEEKEND MONTH FOR DONATING IT BACK TO THIS COMMUNITY. WITH THIS PROPERTY, WE ARE TRYING TO BE AS LOW-IMPACT AS POSSIBLE. WE KNOW THAT THERE HAVE BEEN CONCERNS FROM NEIGHBORS SO THAT IS WHY WE DID SOME OF THE MODIFICATIONS LIKE THE FACT THAT WE WILL NOT

[00:15:02]

HAVE A DUMPSTER AND WE WILL GO TO THE HAND TRASH. NO PARKING IN THE REAR, EVEN THOUGH MORE PARKING MEANS THAT WE CAN SELL MORE ICE CREAM. WE ARE TRYING TO BE -- LIKE THE USE SAYS, MAKE THIS BUSINESS COEXIST WITH THE SURROUNDING STRUCTURES AS WELL.

WE ARE TRYING REAL HARD TO BE GOOD NEIGHBORS AND MAKE THAT HAPPEN THEN IF YOU ALL HAVE ANY ADVICE OR GUIDANCE ON OTHER THINGS THAT YOU WOULD LIKE TO MAKE IT COEXIST A LITTLE BIT BETTER, WE ARE ALWAYS OPEN TO THAT FEEDBACK SINCE THAT IS OUR

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

>> OKAY. WE HAVE SOME PEOPLE WHO WISH TO SPEAK. THE FIRST ONE I HAVE IS JOSH MESSENGER. YOU ARE IN OPPOSITION, SIR. IS THAT CORRECT? IF YOU WOULD, COME AND IDENTIFY YOURSELF.

>> I AM JOSH. I LIVE AT THE -- ON THE MAP HERE THAT WE'VE GOT.

IT DOESN'T HAVE A NUMBER ON IT. WE ARE ON THE SOUTH SIDE, THE LOWER SIDE OF NUMBER 112. OKAY? 717 WEST AVENUE H THERE. MY CONCERN IS THAT WE ALREADY HAVE FIVE FAMILY MEMBERS NOW AND WE WILL HAVE ANOTHER ONE WHO WILL BE GETTING A DRIVERS LICENSE HERE IN THE NEXT FEW WEEKS AND WE HAVE ALREADY HAD A PROBLEM WITH PARKING AROUND OUR AREA AND HAVING FAMILY MEMBERS HAVING TO PARK A HALF A BLOCK AWAY. THEY COULDN'T PARK IN FRONT OF OUR HOUSE. WE PUT OUT NO PARKING SIGNS IN OUR FRONT YARD BECAUSE PEOPLE WERE PARKING IN OUR YARD ON THE GRASS AND WE DON'T HAVE CURBS THERE. IT IS A REAL NARROW TWO LANE ROAD ON THE STREET THERE. ACROSS THE STREET FROM US IS A PRE-K SCHOOL PARKING AND THEY HAVE QUITE A FEW VEHICLES BRINGING CHILDREN TO SCHOOL AND PICKING THEM UP LATER IN THE DAY AND THIS IS GOING TO AFFECT THEM A GREAT DEAL TOO WITH PEOPLE PARKING ALL AROUND THAT AREA. WE HAVE ALREADY HAD QUITE A BIT OF DELIVERY PROBLEMS AND GETTING COMMUNICATIONS FROM DELIVERY VEHICLES LIKE UPS , FEDEX, AMAZON AND THE POST OFFICE BECAUSE THEY WON'T PARK IN THE REGULAR LANES. WE DON'T HAVE ANYTHING BUT LANES, TWO LANES, ONE GOING EAST AND ONE GOING WEST AND THEY HAVE TO PARK IN THE STREET. I THINK THAT THIS IS GOING TO, IF APPROVED, INCREASE OUR PARKING PROBLEMS IN THE AREA. AGAIN, I AM JUST SOUTH, OR BELOW NUMBER 112, IF YOU HAVE THIS MAP I AM LOOKING AT THAT I GOT IN THE MAIL. I AM JUST DIAGONALLY ACROSS FROM THE PROPERTY THAT IS WANTING TO EXPAND. I WISH THEM WELL BUT IT IS GOING TO CREATE PROBLEMS FOR US. ANY QUESTIONS FOR ME?

>> WE HAVE NOT. THANK YOU, SIR. >> THANK YOU.

>> LET ME JUST CLARIFY FOR THE RECORD, EACH SPEAKER HAS THREE MINUTES. THE NEXT PERSON I HAVE IS TED HOWARD. TED, YOU ARE IN

OPPOSITION. IS THAT CORRECT? >> YES.

>> STATE YOUR NAME AND WHERE YOU ARE IN THE CITY.

>> I AM GOING TO READ OFF OF MY NOTES BECAUSE IF I DON'T --

>> FOR THE RECORD, IDENTIFY YOURSELF AND WHERE YOU LIVE.

>> I'VE GOT TO LEAD INTO IT. >> OKAY. I HAVEN'T STARTED YOU

YET. >> LET ME GO. MY NAME IS TED HOWARD. THAT IS WHAT YOU WANTED. OKAY. I AM AN OLD MAN IN AN OLD TOWN IN AN OLD HOUSE AT 203 NOTE -- NORTH FOURTH STREET

[00:20:01]

MIDLOTHIAN, TEXAS. JUST CALL ME OLD BECAUSE THAT IS WHAT I AM.

MY FAMILY MOVED HERE IN 1949. I WAS EIGHT YEARS OLD. MY WIFE AND I LIVED OUT OF STATE FOR 10 YEARS AS WE FOLLOWED MY EMPLOYMENT. WE MOVED BACK HOME TO TAKE CARE OF OUR PARENTS IN THEIR FINAL YEARS. MIDLOTHIAN WAS STILL MUCH THE SAME AS IT HAD BEEN DURING OUR YOUTH. LIKE MANY OF THE OLD TOWNERS, WE HAD INVESTED OUR TIME AND MONEY TO PRESERVE THE HERITAGE OF OUR FOREFATHERS. WE ARE PROUD TO BE OLD TIMERS IN OUR OLD TOWN. THIS REQUEST TO CHANGE THE ZONING FOR 101 AND 105 SOUTH THIRD STREET TO ALLOW A RESTAURANT THREATENS THE INTEGRITY AND VALUE OF OUR HISTORIC COMMUNITY. MY OPPOSITION IS BASED ON TWO CONCERNS, THE EVALUATION OF PROPERTY WHOSE VALUE IS BASED ON ITS HISTORICAL CHARACTER IN A NEIGHBORHOOD OF LIKE PROPERTIES.

A NUISANCE -- I'M GOING TO GIVE YOU THE DEFINITION OF NUISANCE BECAUSE THESE ARE THE FACTORS THAT COULD APPLY, OR DO APPLY, TO THE EXISTING ICE CREAM SHOP. IT IS HARD FOR ME TO SAY NUISANCE AND ICE CREAM IN THE SAME SENTENCE BECAUSE I LOVE ICE CREAM. I AM NOT AGAINST ICE CREAM. I AM NOT AGAINST THE SHOP, I JUST DON'T WANT IT IN MY BACKYARD. AN ACT OR NEGLECT THAT CAUSES INCONVENIENCE. AS I READ THROUGH THIS, I WANT YOU TO ASSUME FOR A MINUTE, TRY TO PUT YOU IN A POSITION THAT YOU OWN THE HOUSE RIGHT ACROSS THE ALLEY FROM THIS ICE CREAM SHOP BECAUSE ALL THIS DEFINITION OF NUISANCE WOULD APPLY TO YOU A LITTLE DIFFERENTLY THAN IT MIGHT BE TO SOMEBODY OUTSIDE OF TOWN. A NUISANCE IS A COMMON LAW TORT. IT MEANS SOMETHING WHICH CAUSES OFFENSE, ANNOYANCE, TROUBLE, OR INJURY. A NUISANCE CAN BE EITHER PUBLIC OR PRIVATE. AN ENGLISH SCHOLAR DEFINED A PUBLIC NUISANCE AS AN ACT NOT WARRANTED BY ALLOWABLE OR AN OMISSION TO DISCHARGE A LEGAL DUTY WHICH ACT OR OMISSION OBSTRUCTS OR CAUSES INCONVENIENCE OR DAMAGE TO THE PUBLIC IN THE EXERCISE OF RIGHTS COMMON TO ALL. THAT IS A LITTLE WORDY. IF YOU GET DOWN AND STUDY IT, IT HAS A LOT OF MEANING. MY OBSERVATION ON THIS IS, COMMERCIAL AND PROFESSIONAL OFFICE ZONING HAS BEEN ALLOWED IN OLD TOWN. TO SOME DEGREE, FOOD SERVICE IN THE FORM OF STOP AND GO HAS BEEN ALLOWED ON MAJOR INTERSECTIONS WHERE RESIDENTIAL USE WOULD NOT BE DESIRABLE. THERE IS A COMPATIBILITY WITH HOURS OF OPERATION , MEANING THEY GO HOME WHEN I GET HOME SO THEY ARE NOT THERE OVER THE WEEKEND. THEY ARE NOT MAKING NOISE AND BEING A NUISANCE. THE INCLUSION OF RESTAURANTS WITHIN A HISTORIC NEIGHBORHOOD CONVEYS A DIFFERENT CONNOTATION TO THE WORD RESTAURANT. THIS IS WHY I ASKED YOU TO THINK ABOUT LIVING ACROSS THE ALLEY FROM A RESTAURANT IN OLD TOWN. THAT IS A PERSPECTIVE THAT MOST PEOPLE DON'T HAVE BECAUSE MOST PEOPLE DON'T LIVE IN OLD TOWN. CONCLUSION? I DO NOT WANT A RESTAURANT OUT MY BACK DOOR. YOU MIGHT SAY, IT IS NOT OUT YOUR BACK DOOR. ANY BACK DOOR IN OLD TOWN IS MY BACK DOOR. I AM AN OLD TOWN OR. I SUPPORT ALL THE OLD TOWNERS. I THINK WE OUGHT TO HAVE AN OLD TOWN OVERLAY AND WE OUGHT TO HAVE RESTRICTIONS AND BOUNDARIES WITHIN THE TO DICTATE WHAT WE CAN AND CAN'T DO.

>> I NEED YOU TO CLOSE FOR ME, PLEASE.

>> PARDON ME? >> I NEED YOU TO CLOSE FOR ME.

>> I AM GOING TO. GOOD TIMING. >> THANK YOU, SIR.

>> NEXT SPEAKER IS JONATHAN DOUGLAS. YOU ARE IN SUPPORT? THE NEXT SPEAKER IS BRENDA HAYES. BRENDA, YOU ARE IN OPPOSITION? IF YOU WOULD, STATE YOUR NAME AND WHERE YOU LIVE IN THE CITY.

>> I AM BRENDA HAYES AT 112 SOUTH 2ND STREET. I AM ONE OF THE HOMEOWNERS MOST DIRECTLY IMPACTED BY THIS REZONING REQUEST AND I AM SPEAKING ON BEHALF OF MANY OLD TOWN RESIDENTS WHO ARE DEEPLY CONCERNED ABOUT WHAT IS HAPPENING IN OUR NEIGHBORHOOD. THIS IS A RESIDENTIAL AREA, YET, WE ARE DEALING WITH COMMERCIAL LEVEL NOISE, LIGHTING, AND TRAFFIC SIX DAYS A WEEK UNTIL 9:00 OR 10:00 AT NIGHT . IT IS NOT JUST DISRUPTIVE, IT CHANGES THE VERY CHARACTER OF OLD TOWN.

WERE USED TO BE A QUIET, HISTORIC NEIGHBORHOOD NOW FEELS

[00:25:03]

MORE LIKE THE BACK LOT OF A STRIP MALL. I CAN'T EVEN ENJOY SITTING IN MY BACKYARD WITH MY FRIENDS BECAUSE OF THE EXCESSIVE NOISE AND LIGHTING. THE ALLEY BEHIND OUR HOME WAS NEVER DESIGNED FOR HEAVY TRAFFIC BUT NOW IT IS PACKED WITH CARS, DELIVERY TRUCKS AND FOOT TRAFFIC. IT IS NOISY, UNSAFE, AND COMPLETELY OUT OF STEP FOR THE ORIGINAL INTENT OF THE NEIGHBORHOOD. THE VERY THOUGHT OF ADDING A RESTAURANT IN THIS RESIDENTIAL AREA IS ABSURD. DESPITE RAISING THESE CONCERNS FOR YEARS, WE HAVE SEEN NO MEANINGFUL ACTION. IF THIS REZONING GOES THROUGH, THE PROBLEM WILL ONLY GET WORSE AND WITH EVERY NEW BUSINESS, WE LOSE A LITTLE MORE OF WHAT MADE OLDTOWN SPECIAL. SO, I ASK, WHO WILL BE BUILDING MIDLOTHIAN FOR? THOSE OF US WHO LIVE HERE OR THOSE OF US WHO PROFIT FOR IT? THANK YOU FOR YOUR TIME. I APPRECIATED.

>> THANK YOU, MA'AM. >> NEXT, I HAVE PAM LONG. PAM, YOU ARE IN OPPOSITION, CORRECT?

>> YES. STATE YOUR NAME AND WHETHER YOU ARE IN THE CITY.

>> >> MY NAME IS PAM LONG AND I LIVE AT 616 WEST MAIN STREET. THAT IS THE OLD THOMAS NEWTON HOUSE. IT IS ALMOST 150 YEARS OLD. IT WAS SOLD TO ME BY JEAN ROGERS AND WHEN I BOUGHT IT, WE CHANGED IT FROM AMERICANA REAL ESTATE TO MY HOME. WHEN WE DID THAT, THEY SAID THAT THIS WAS TO BE A RESIDENCE WITH -- WE REFLECTED THE RESIDENCE AND PUT A BEAUTY SHOP BESIDE IT. THEY SAID THIS WAS FOREVER. DID I UNDERSTAND THAT WHEN I WAS REZONING SOMETHING FROM RESIDENTIAL TO COMMERCIAL? I DID UNDERSTAND THAT BUT I NEVER DREAMED THAT HOUSE THAT WAS 1200 SQUARE FEET WOULD TURN INTO A RESTAURANT ACROSS THE STREET FROM ME WHEN THEY DON'T EVEN HAVE ROOM FOR A DRIVEWAY AT THAT HOUSE. WHEN CARRIE PERRY SOLD HIS HOUSE, THEY WERE TO HAVE A WINDOW OUT THE BACK THAT SOLD ICE CREAM AND IT WAS TO BE COMMERCIAL. COMMERCIAL PROPERTY TO ME MEANS A LAWYER OR INSURANCE OR SOMETHING THAT GOES HOME WHEN I COME HOME FROM WORK. MY BUSINESSES RIGHT BESIDE ME. I WALK 25 FEET TO EIGHT BUT THIS HAS TURNED INTO SOMETHING WHERE WE DO NOT HAVE SHIELDED AND DOWNCAST LIGHTING, WHICH IS WHAT 101 IS SUPPOSED TO HAVE. I DON'T KNOW WHETHER WE WILL HAVE SHIELDED AND DOWNCAST LIGHTING AT 105 THAT IT SHINES VERY BRIGHTLY IN BRENDA'S BACKYARD AND SHE CAN'T VISIT THERE ANYMORE. THE THING NEEDED TABLES AT 101 AND THEN CORNHOLE SO THAT WE PRETTY MUCH END UP WITH THE VENUE. FOR US, IT IS A NUISANCE BUSINESS BECAUSE THEY ARE OPEN UNTIL 9:00 AND 10:00 AT NIGHT EVERY NIGHT -- WELL, SIX NIGHTS A WEEK. NOW THEY WANT TO CHANGE THE MIDDLE HOUSE IN THAT BLOCK TO A SITDOWN RESTAURANT FROM 8:00 IN THE MORNING UNTIL 10:00 AT NIGHT. THE NEIGHBORS ON THE CORNER, THE ONLY OTHER HOUSE ON THE BLOCK THAT I SOLD THEIR HOUSE ARE NOT VERY HAPPY BUT RIGHT NOW, THEY ARE OUT OF TOWN.

HE IS HAVING SURGERY. THEY SENT YOU A MESSAGE. THEY ARE WORRIED ABOUT THE TREES THAT ARE BETWEEN THE TWO OF THEM BEING CUT DOWN IF SOMEBODY DECIDES TO MOVE THE PROPERTY LINE OVER A LITTLE BIT AND TAKE THEM OUT. THEY WORRY ABOUT BEING BOXED IN BETWEEN THE SCHOOL AND THE GYM AND RESTAURANT. I DON'T THINK I AM GOING TO HAVE A MAILBOX ANYMORE. IT BACKS UP INTO WHERE MY MAILBOX IS AND WHERE MY DRIVEWAY IS AND THE 20 FEET OR SO OF SPACE WHERE I THEIR PARKING SPACES BACKING UP INTO MY PROPERTY IS ALREADY DESTROYED. ABOUT 20 FEET, TWO FEET OUT IS CRUMBLING. WE DON'T CONSIDER THIS DEVELOPMENT. WHEN THEY WENT TO TAKE THE ASBESTOS SIDING GOT THE HOUSE THAT THEY ARE TURNING INTO A RESTAURANT, THEY HAD NO PROTECTION WHATSOEVER FOR US OR FOR THE PEOPLE THAT THEY WERE HAVING TAKE IT OFF.

>> MA'AM, I NEED YOU TO CLOSE. >> OKAY. I CONSIDER IT A DANGER, NOT A DEVELOPMENT. I DON'T WANT IT BESIDE MY HOUSE. I DON'T WANT IT SHINING LIGHTS IN BRENDA'S BACKYARD AND I WOULD LIKE YOU TO RECONSIDER. I WOULD INVITE US TO BE NEIGHBORS AND MAYBE THEY CAN PUT THEIR ICE CREAM PARLOR WHERE THEY LIVED.

[00:30:02]

>> THANK YOU. >> THAT IS ALL THAT I UP HERE SIGNED UP TO SPEAK. AM I MISSING ANYBODY THAT WANTED TO SPEAK?

>> OKAY. THE FOLLOWING HAVE FILED FORMS WITH THE CITY. I WILL JUST READ THEM OFF. ASHLEY DAVIS, A NON-SPEAKER IN OPPOSITION, CHRISTINA CHAMBERS, A NON-SPEAKER IN OPPOSITION, ERIC BLAKE, A NON-SPEAKER IN THE SUPPORT, ALYSSA FAIRGROUND, NON-SPEAKER IN OPPOSITION , BRENT MORRIS, NON-SPEAKER IN OPPOSITION, AND JAMES DAVIS, A NON-SPEAKER -- GET THIS OPENED UP -- IN OPPOSITION. DID I MISS ANYBODY WHO TURNED IN A FORM? OKAY. ALL RIGHT. THAT IS ALL I HAVE FOR WHO SIGNED UP FOR TURNED IN A FORM. UNLESS STAFF OR COMMISSION HAVE ANY QUESTIONS, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC

HEARING. >> I MAKE A MOTION TO CLOSE THE

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

>> 7-0. >>

>> IT IS. WE ARE NOT ON YET. >> IS THERE A PROBLEM IF WE JUST GO AHEAD? OKAY. THERE HAS BEEN A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR, AYE? ANY OPPOSED? UNANIMOUS, 7-0. THE FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I JUST WANT TO MAKE SURE THAT I AM CLEAR. THE HOUSE, AS IT STANDS RIGHT NOW IS REALLY NOT BEING MODIFIED FROM THE OUTSIDE.

IT IS STILL GOING TO LOOK LIKE A HOME OTHER THAN SIGNAGE.

>> CORRECT. JUST LIKE WE DID ON 101, THE ARCHITECTURAL DESIGN, ALL OF THAT, WE WILL PRESERVE THE HERITAGE OF A HOME. THERE ARE A FEW WINDOWS THAT CURRENTLY NO CEILING TO FLOOR THAT ARE GOING TO BE A BATHROOM AREA SO WE WILL HAVE TO SHORTEN THOSE UP BUT OTHER THAN THAT, THE EXTERIOR WILL PRESERVE THE

HERITAGE OF THE HOME. >> 101 IS NOT JUST AN ICE CREAM

SHOP, IS THAT CORRECT? >> CORRECT. IT IS AN ICE CREAM

SHOP WITH FOUR PROFESSIONALS. >> THE HOURS OF THE PROFESSIONALS ARE CURRENTLY WHAT HOURS?

>> WE DON'T HAVE SPECIFIC HOURS STATED ON THOSE. WE JUST HAVE IT ON THE BUILDING, LIMITING HOW LATE IT CAN BE OPEN BECAUSE WE HAVE HAD A VARIETY -- WE HAVE HAD INSURANCE AGENT. WE HAVE HAD A MASSEUSE. A LITTLE BIT MORE ACTIVITY IN THE EVENING, SOMETIME PEOPLE WANT TO COME GET A MASSAGE AFTER WORK. IT IS VERY DEPENDING ON WHO THE TENANT HAS BEEN IN THE PROFESSIONAL SUITES.

>> WHAT ARE THE HOURS OF THE ASKING SHOP CURRENTLY?

>> 1:00 THROUGH 9:00 MONDAY THROUGH SATURDAY.

>> WHAT WITH THE HOURS OF THE ICE CREAM SHOP BE IF THEY MOVED

NEXT DOOR? >> WE PLAN ON THE SAME HOURS, THE SAME SERVICE, THE ONLY MAJOR DIFFERENCE IS ABOUT SIX, 700 FEET OF THE 1200 FOOT HOUSE WILL BE INDOOR SEATING AREA WITH RESTROOMS AVAILABLE BECAUSE OF YOU HAVE BEEN TO THE SHOP THAT IS OUR NUMBER ONE COMPLAINT THAT WE GET, WE DON'T HAVE A BATHROOM ENDED IF IT IS RAINING, HOT OR COLD, IT MAKES IT

DIFFICULT FOR PEOPLE. >> SO THE HOURS THAT ARE ON HERE FOR THE NEW PROPERTY, THE SAME BUSINESS OPERATIONS BETWEEN

EIGHT A.M. AND 10:00 P.M. -- >> 8:00 TO 1:00 WOULD BE OFFICE

[00:35:07]

YOU SEND 101, POSSIBLY PREP WORK IN THE MORNINGS. WE MAKE ALL OF THE ICE CREAM IN THE SHOP. THE ICE CREAM BEING MADE SOMETIMES ONE OR TWO PEOPLE IN THERE MAKING ICE CREAM IN THE MORNING BEFORE THE SHOP OPENS FOR THE DAY.

>> THANK YOU. >> THANK YOU.

>> I'VE GOT A QUESTION FOR YOU. I HAVE HEARD THESE PEOPLE LOUD AND CLEAR. DO YOU HAVE ANY PLANS TO DO ANYTHING ABOUT THE PARKING

SITUATION? >> WITH THE PARKING SITUATION, THAT IS WHY WE ARE NOT DOING ANY PARKING IN THE BACK, TO LIMIT IMPACT THROUGH THE ALLEYS. THAT WAS ONE OF THE MAJOR COMPLAINTS.

THE LIGHTING -- IF YOU HAVE BEEN TO SCOOPS AT NIGHT, THE LIGHTING THAT CASTS INTO THAT BACKYARD IS THE LIGHTING OFF OF THE HOUSE.

IS UNSHIELDED, 14 FEET UP, BUILDING MOUNTED. ALL WE HAVE OUR CAFE LIGHTS OVER THE SEATING AREA. OUR LIGHTS DON'T PROJECT EVEN INTO THE ALLEY. YOU CAN SEE YOUR KEYS TO GET INTO YOUR CAR

IF YOU ARE OVER THERE. >> HAVE YOU TALKED TO THEM?

>> I TRIED ON A COUPLE OF OCCASIONS, SIR.

>> OTHER QUESTIONS? >> THANK YOU.

>> RON, I AM GOING TO LOOK AT YOU. I KNOW AN ISP HAS A LARGE PARKING LOT AROUND THE CORNER. IS THERE ANYTHING THAT IS PROHIBITING PEOPLE FROM USING THAT PARKING LOT TO PARK?

>> I DON'T BELIEVE SO. I THINK MOST OF THE TIME THE OLD GYM USES THAT IN THE EVENINGS BUT I DON'T THINK THERE IS ANY KIND

OF LIMITATION. >> JUST FOR DISCUSSION, IT IS

THE OLD GYM? >> IS CORRECT. IT IS A PRIVATE

NONPROFIT? >> DOES ANYBODY KNOW WHAT TIME THE BASKETBALL GAMES GO TO AT THE GYM OR ACTIVITY AT THAT GYM?

>> I THINK IT DEPENDS ON THE SEASON OR WHAT THEIR SCHEDULE

IS. I DON'T KNOW. >>

>> MARY, DID I READ THIS CORRECTLY THAT YOU HAD 22 LETTERS IN FAVOR OF THIS AND TWO LETTERS IN OPPOSITION?

>> I BELIEVE THERE ARE FOUR OPPOSITION AND 22 IN SUPPORT.

>> WHAT IS PRINTED IN FRONT OF US SAYS TWO IN OPPOSITION AND A

TOTAL OF 26 IN SUPPORT. >> OKAY. I THINK WHAT WE HAD AT THE VERY END, 31 LETTERS OF SUPPORT -- THAT IS OUTSIDE OF 200 FEET, PLUS THE FOUR PROPERTIES WITHIN 200 FEET. THAT IS 35 LETTERS OF SUPPORT AND SEVEN LETTERS OF OPPOSITION.

>> OKAY. >> I AM JUST GOING TO SAY, HAVING PREVIOUSLY SERVED ON THE BOARD AT THE OLD GYM AND KNOWING WHAT THE OLD GYM IS TRYING TO DO IN KEEPING THAT BUILDING IN THE HISTORICAL WAY THAT IT IS AND HEARING THEY ARE GOING TO KEEP THE HISTORICAL LOOK OF THE BUILDING THAT IS THERE, OUR COMP PLAN DOES SUPPORT MULTIUSE AND REPURPOSE SING AND WE HAVE BEEN LOVING ON THAT WITH THE REST OF DOWNTOWN AND I FEEL LIKE THIS RECOMMENDATION, OR THIS MODIFICATION, WOULD BE IN

SUPPORT OF THAT. >> ORIGINALLY, I FELT LIKE I WOULD SUPPORT THIS UNTIL I HEARD THE NEIGHBORS. THIS IS DIRECTLY AFFECTING THESE PEOPLE IN A NEGATIVE WAY -- WE CAN'T STOP WHAT THEY ARE DOING NOW BUT I DON'T THINK ADDING A RESTAURANT AND EXPANDING THE ICE CREAM STORE IS GOING TO HELP THESE

[00:40:03]

PEOPLE AT ALL SO I AM GOING TO BE IN OPPOSITION TO THIS. I MAY BE ALONE BUT I DON'T FEEL LIKE I CAN SUPPORTED THIS AS PRESENTED. THERE NEEDS TO BE SOME GROUNDWORK WITH THE

NEIGHBORS. >> JUST FOR THE RECORD, TALKING ABOUT OPPOSITION, I NINE OPPOSITION RIGHT HERE AND TWO IN HIS SUPPORT IF YOU WANT TO CONSIDER THAT WITH THE OTHER

INFORMATION. >> THE EMAILS ARE NOT IN THERE.

>> I UNDERSTAND. >> MA'AM, THE PUBLIC HEARING IS

CLOSED. I'M SORRY. >> I AM GOING TO MAKE A MOTION TO APPROVE IT AS PRESENTED BECAUSE IT DOES SAY THAT IT IS NOT A FULL-BLOWN RESTAURANT AND THERE IS NOT GOING TO BE A KITCHEN AT ALL. IT IS A COUNTERTOP SPACE. I MAKE A MOTION TO APPROVE AS PRESENTED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO APPROVE. IS THERE ANY FURTHER DISCUSSION? WE WILL DO A VOICE VOTE. ALL IN FAVOR, RAISE YOUR HAND? OH, WE GOT IT WORKING AGAIN? OKAY. HAS EVERYBODY BOATED? -- VOTE?

>> OKAY. IT DOES PASS 5-2. >> WE WILL GO BACK TO THE FIRST PART OF THE AGENDA, THE REGULAR AGENDA. ITEM 006, CONSIDER AND

[006 Consider and act upon an approval of a detailed site plan for a development on 3.00 acres out of the MEP & PRR Co Survey, Abstract No. 761, being in Planned Development District No. 146 (PD-146). The property is generally located at the southeast corner of the intersection of Miller Road and US Highway 287. (SP02-2025-021) ]

ACT UPON AN APPROVAL OF A DETAILED SITE PLAN FOR A DEVELOPMENT ON 3.00 ACRES OUT OF THE MEP & PRR CO SURVEY, ABSTRACT NUMBER 761, BEING IN PLANNED DEVELOPMENT DISTRICT NUMBER 146, PD-146. THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MILLER ROAD AND

U.S. HIGHWAY 287. >> OKAY. SORRY, LET ME GET IT TO THE RIGHT ONE. NO, YOU ARE GOING TO PRESENT IT.

>> SENIOR PLANNER TO PRESENT ITEM 6. THANK YOU. THIS IS A SITE PLAN OF THE PROPOSED WEST SIDE PRESERVE OFFICE. IT IS CURRENTLY A THREE ACRE STAKE IN AN UNDEVELOPED LOT. THIS IS BEING PRESENTED BECAUSE THE DEVELOPMENT ON THIS LOT REQUIRES THAT A DETAILED SITE PLAN GO THROUGH PLANNING AND ZONING AS WELL AS COUNCIL . THE COMPREHENSIVE PLAN DESIGNATES THIS PROPERTY AS REGIONAL MODULE WHICH SUPPORTS COMMERCIAL, RETAIL TENANTS, THEREFORE THE PROPOSED COMMUNITY RETAIL USE WILL FIT THE GOAL OF THE COMPREHENSIVE PLAN. YOU CAN SEE THERE IS A TOTAL OF SEVEN OFFICES. FOUR HAVE FOUR RENTABLE SUITES AND THREE HAVE THREE RENTABLE SUITES. ADJACENT PROPERTY IS COMPRISED OF THE SAME ZONING TO THE SOUTH, EAST, AND WEST AND A SEPARATE TO THE NORTH. SURROUNDING USES INCLUDE VACANT, UNDEVELOPED LAND TO THE NORTH, SINGLE-FAMILY TO THE SOUTH AND COMMUNITY RETAIL TO THE WEST. THE COMPREHENSIVE PLAN DESIGNATES THE PROPERTY AS MEDIUM DENSITY RESIDENTIAL TO THE NORTH AND REGIONAL MODULE TO THE SOUTH, EAST, AND WEST. HERE IS THE ELEVATION. HERE IS THE LANDSCAPE PLAN . DETAILED SITE PLAN DOES NOT REQUIRE ANY VARIANCES AND THE STAFF RECOMMENDS APPROVAL OF THE BUILDING. THANK YOU AND I AM

OPEN TO QUESTIONS. >> QUESTIONS OF STAFF?

>> COULD YOU PULL THE MAP BACK UP AND SHOW US WHERE THE

7-ELEVEN WILL BE LOCATED? >> IT WILL BE IMMEDIATELY ADJACENT TO THE WEST, RIGHT ACROSS THIS ROAD.

>> OKAY. THANK YOU. >> OTHER QUESTIONS?

>> OKAY. STAFF PRESENT WISH TO SPEAK? COME UP AND IDENTIFY

YOURSELF. >> PHILIP FISHER, 520 HAWKINS

[00:45:02]

RUN ROAD. I DON'T HAVE ANYTHING PREPARED TO SAY, I AM JUST HERE

TO ANSWER QUESTIONS. >> ANY QUESTIONS TO ASK HIM?

>> ARE ANY OF THESE ALREADY LEASED OUT OR ARE THEY LEASE

UPON BUILD? >> THEY ARE NOT.

>> THANK YOU. >> OTHER QUESTIONS? THANK YOU, SIR. THE FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I MAKE A MOTION TO APPROVE AS PRESENTED.

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

SECOND. >> PLEASE VOTE.

>> EVERYBODY BOATED? >> IT PASSES 7-0.

[007 Consider and act upon a request for an Exception to Sec. 3.5501 of the Midlothian Zoning Ordinance to allow for the construction of the primary roof of a building with a roof pitch less than the minimum requirement of 8:12. The property is presently zoned Planned Development District No. 43 (PD-43). The property is located on 1.001+ acres located at 3820 Mayes Court. (M02-2025-018).]

>> ITEM 007 CONSIDER AND ACT UPON A REQUEST FOR AN EXCEPTION TO SECTION 3.5501 OF THE MIDLOTHIAN ZONING ORDINANCE TO ALLOW FOR THE CONSTRUCTION OF THE PRIMARY ROOF OF A BUILDING WITH A ROOF PITCH LESS THAN THE MINIMUM REQUIREMENT OF 8:12. THE PROPERTY IS PRESENTLY ZONED PLANNED DEVELOPMENT DISTRICT NUMBER 43, PD-43. THE PROPERTY IS LOCATED ON 1.001 ACRES LOCATED AT 3820 MAYES COURT.

>> GOOD EVENING, AGAIN. THIS REQUEST IS FOR 3820 MAYES COURT AS PREVIOUSLY STATED. IT IS CURRENTLY AN UNDEVELOPED LOT.

YOU CAN SEE THE LITTLE YELLOW LOT CIRCLED. THE TOTAL SITE IS 1.001 ACRES AND THE CURRENT ZONING IS PLANNED AT THE MOMENT STRICT NUMBER 43. THE PROPOSED USE IS ONE SINGLE-FAMILY DWELLING AND THE FUTURE LAND USE PLAN SHOWS RESIDENTIAL. THERE IS JUST A CLOSER LOOK AT THE LOT. THIS IS THE PLAN FOR THE HOME AND THEN THIS IS IT A LITTLE FURTHER BACK. THIS IS WHAT THE PROPOSED LOOK OF THE HOME WILL BE. THEY DID GET SUPPORT FROM THE HLA. THEY SENT A LETTER STATING THAT THE HLA WILL APPROVE PLANS FOR THE NEW HOME WITH APPROVAL OF THE VARIANCE IN THE CITY. THEN, THIS IS WHAT THE INSIDE OF THE HOME IS SUPPOSED TO LOOK LIKE. FROM 2018 TO 2023, CITY STAFF HAS PRESENTED FIVE FIRST PITCH CASES TO CITY COUNCIL TYPICALLY RANGING FROM 4 .12 TO 6.12. THE COUNCIL APPROVED ALL CASES REGARDING THOSE PITCHES IN THE CITY. STAFF RECOMMENDS APPROVAL AS PRESENTED

BY STAFF. THAT IS ALL I. >> ANY QUESTIONS FROM STAFF?

>> IS THE APPLICANT PRESENT AND DO THEY WISH TO SPEAK?

>> DOES ANYBODY HAVE QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU. THE FLOOR IS OPEN FOR DISCUSSION OR ACTION.

>> I DO HAVE A QUESTION FOR YOU BECAUSE MY DAD HAS A FLAT ROOF AND IT IS A 60-YEAR-OLD HOME AND HE IS HAVING ALL KINDS OF PROBLEMS SO WHAT IS THE TECHNOLOGY FOR FLAT ROOFS NOW.

>> BEFORE YOU ANSWER, SIR, IDENTIFY YOURSELF. SEE I AM

ADULT AND LIBRARY. >> REGARDING THE TECHNOLOGY, IT WOULD ULTIMATELY BE BUILT LIKE A COMMERCIAL ROOF. IT WOULD BE A FLAT ROOF AND A FULL TRUSS TECHNOLOGY METAL AND WOOD TRUSSES UNDERNEATH TO KEEP IT BALANCED.

>> WHICH IS LIKE A RUBBER MEMBRANE. THE GRAVEL ROOF IS JUST AN

OLD-SCHOOL VERSION OF THAT. >>

>> WE HAVE OTHER FLAT ROOFS IN OUR COMMUNITY, RIGHT?

[00:50:01]

>> WE DO, NOT MANY. IT KIND OF DEPENDS ON THE PLANNED DEVELOPMENT. SOME OF THE PLANNED DEVELOPMENTS HAVE AN ELEVATION SCHEME THROUGHOUT THE DEVELOPMENT. THIS IS NOT ONE OF

THOSE. >> IT IS KIND OF TUCKED INTO A NEIGHBORHOOD SO REALLY IT IS UP TO THE NEIGHBORHOOD IF WE WERE

TO APPROVE, RIGHT? >> IT WAS TAKEN THROUGH THE PRESIDENT OF THE HOA AND HE PROVIDED A SUPPORT LETTER.

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

>> TO APPROVE AS PRESENTED. PLEASE VOTE.

>> OKAY. APPROVED, 7-0. >> OKAY. ITEM 8. NOW WE ARE IN A

[008 Continue a public hearing and consider and act upon an ordinance amending the zoning regulations relating to Planned Development District No. 157 (PD-157), being 104.31+ acres out of the L.W. Stewart Survey, Abstract 997, C.R. Werely Survey, Abstract 1187, and the J.J. Grimes Survey, Abstract 1327, City of Midlothian, Ellis County, Texas. The site is generally located on Hayes Road, south of Mulberry Lane. (Z07-2025-010)]

PUBLIC HEARING.CONTINUE A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE ZONING REGULATIONS RELATING TO PLANNED DEVELOPMENT DISTRICT NUMBER 157, PD-157, BEING 104.31 ACRES OUT OF THE L.W. STEWART SURVEY, ABSTRACT 997, C.R.

WERELY SURVEY, ABSTRACT 1187, AND THE J.J. GRIMES SURVEY, ABSTRACT 1327, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS.

THE SITE IS GENERALLY LOCATED ON HAYES ROAD, SOUTH OF MULBERRY

LANE. >> OKAY. COMMISSIONERS, THIS REQUEST IS TO AMEND PD 157 TO REPLACE THE SITE PLAN AND ELEVATIONS AND TO INCREASE THE NUMBER OF WATTS FROM 108 TO 157.

THE AREA IS BEING AMENDED. THE DENSITY WILL INCREASE FROM 1.46 DWELLING UNITS PER ACRE TO 1.50. THEY WILL PROVIDE MORE ARCHITECTURAL ELEMENTS AND LANDSCAPE ELEMENTS. WITH THE LANDSCAPE ELEMENTS, THEY ARE ASKING TO CHANGE FROM FOUR INCH TO THREE INCH CALIPER TREES ON HAYES ROAD FOR THE RESIDENTIAL LOTS. THEY WILL PROVIDE THE THREE TREES, TWO IN THE FRONT, ONE IN THE BACK AND THE EXISTING TREES IN THE PRESERVATION AREA WILL REMAIN. THEY BROUGHT THIS BACK FROM LAST MONTH. THEY HAVE INCREASED THE LOT SIZE ON SOME OF THE LOTS AND THEY HAVE ALSO CHANGED THE ORDINANCE TO REQUIRE AT LEAST 25% OF THE LOTS HAVE SIDE ENTRY GARAGES. SO, THIS JUST SHOWS THE SURROUNDING PROPERTY. THE EXISTING PLANNED DEVELOPMENT HAS TWO LOT TYPES, 21,000 SQUARE FEET AND 15,000 SQUARE FEET AT 80 AND 70 FEET WIDE, RESPECTIVELY. THE CURRENT ORDINANCE PROHIBITS FRONT FACING. ALL OF THE GARAGE DOORS HAVE TO BE FRONT OR REAR FACING.

WITH THE PROPOSED PLAN DEVELOPMENT, WE WILL CREATE TWO TYPES, 9100 SQUARE FEET AND 13,000 SQUARE FEET AT 70 FEET AND 90 FEET WIDE. WE WILL HAVE A MINIMUM OF 25% GARAGE DOORS SIDE ENTRY. THE SIDE SETBACKS WILL BE FIVE FEET FOR INTERIOR, 10 FEET FOR ADJACENT TO A ROAD AND 20 FEET IF THERE IS A GARAGE ADJACENT TO THE ROAD. 2000 SQUARE FEET MINIMUM FOR AC SPACE. THE ORDINANCE WILL ALLOW 34 LOTS TO HAVE THREE VEHICLES SPACE. I WANTED TO POINT OUT THAT WE HAD TALKED DEVIOUSLY ABOUT SIDE ENTRY NOT BEING A STOUT AND I LOOKED AT THE ORDINANCE AND IT DOES EXPLICITLY SAY THAT THE GARAGE IS NOT SUPPOSED TO EXTEND BEYOND THE FRONT BUILDING PLANES. SO, THESE ARE EXAMPLES OF THE HOMES THAT WOULD BE PROPOSED. THE GARAGES WOULD RESEMBLE CEDAR WOOD DOORS AND THE THIRD VEHICLE BAY WOULD BE OFFSET BY ONE FOOT. THIS IS A REDUCTION. THEY HAVE TO HAVE THREE ARCHITECTURAL ELEMENTS INCLUDING FRONT PORCH AND THEY HAVE WINDOW SIZES THAT ARE NONSTANDARD. FOR THE LIGHTING, THEY SPECIFIED ACORN TYPE OF LIGHTING THAT IS DOWNCAST AND TOP SHIELDED. THE PROPERTY DOES HAVE A LOT OF LARGE EASEMENTS

[00:55:05]

AND SO THAT IS WHY THEY ARE ASKING FOR YOUR CONSIDERATION ON THE DENSITY. THEY ARE PROPOSING AN EIGHT FOOT CONCRETE TRAIL ALONG HAYES ROAD THAT WILL EVENTUALLY CONNECT TO THE WEST.

THERE WERE 20 LETTERS MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

STAFF DID NOT RECEIVE ANY CORRESPONDENCE . FOR THE RECOMMENDATION, THE FIRST THING WE LOOK AT THIS SURROUNDING LAND USE COMPATIBILITY. TO THE NORSE -- NORTH IS HAYES CROSSING, SINGLE-FAMILY NEIGHBORHOOD. IT IS 2.4 DWELLING UNITS PER ACRE.

TO THE EAST IS UNDEVELOPED PROPERTY. TO THE SOUTH, THERE IS PD 145. THE COMP PLAN SHOWS THE AREA IN QUESTION AS RESIDENTIAL MEDIUM DENSITY WHICH ALLOWS FOUR DWELLING UNITS PER ACRE AND THIS IS ON THE WEST SIDE OF HAYES ROAD . THIS IS CONSISTENT WITH THE FUTURE LAND USE MAP. THE COMP PLAN POLICY TALKS ABOUT PERMITTING ATTRACTIVE AND SAFE NEIGHBORHOODS SO THIS IS CONSISTENT WITH COMP PLAN POLICY. I DO WANT TO POINT OUT THAT THE LANDSCAPE WAS APPROVED AT THE PREVIOUS ORDINANCE AND THEY DID PROVIDE A LOT OF ADDITIONAL TREES OTHER THAN THE STREET TREES IN THEIR LANDSCAPE PLAN. THEY DO HAVE A PRETTY HEFTY LANDSCAPE PLAN. ARE THERE ANY QUESTIONS FOR STAFF?

>> IT SAYS CHANGES TO LANDSCAPING, THE SECOND IS TWO IN THE FRONT, ONE IN THE BACK. WHAT WAS THE PREVIOUS VERSION?

>> THAT ONE IS THE SAME. >> OKAY.

>> OTHER QUESTIONS? >> OKAY. IS THE APPLICANT PRESENT? DO THEY WISH TO SPEAK?

>> OKAY. >> TERRY WEAVER, STAR BOARD DEVELOPMENT COMPANY. I REPRESENT THE OWNERS. BUSINESS ADDRESS, 815 WEST MAIN, MIDLOTHIAN. VERY PRETTY MUCH COVERED EVERYTHING.

WHAT WE DID IS TRIED TO MAKE THIS A BETTER STYLE DEVELOPMENT WITH A LARGER LOT WITH SIDE ENTRY. WHAT WASN'T DEPICTED -- I WILL LEAVE THESE ONES WITH YOU GUYS BUT -- ENGINEERING WANTED US TO DO A TI. WE DID ONE AND IT WILL BE DELIVERED TO THEM. EMILY HORN SAYS THERE WILL BE NO IMPACT BASED ON THIS DEVELOPMENT FOR US TO HAVE TO DO ANYTHING RELATED TO TRAFFIC . I THINK IT WILL BE A NICE DEVELOPMENT AND IT WILL TIE INTO TRENT -- LAGO VISTA . THE H AWAY PARK BECOMING A CITY PARK AND THE CITY IS VERY OPEN TO THAT. THIS WILL RESULT IN A RECREATIONAL TYPE PARK AND I WILL ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU ALL FOR HEARING THIS.

>> QUESTIONS? >>

>> NO, MA'AM. >> SINCE WE DID NOT GET 171 FRANCE -- FRONT FACING HOUSES, WE HAVE OTHER PEOPLE INTERESTED NOW. WE ARE JUST MOVING ALONG REPRESENTING THE CLIENT AND EVEN THOUGH THE OTHERS -- WE JUST WANT TO SHOW THAT WE ARE GOING TO DO A QUALITY HOME IN THERE, WHETHER IT IS FRONT FACING OR

SIDE ENTRY. >> OKAY. SEE ANY OTHER

QUESTIONS? >> THANK YOU ALL VERY MUCH.

>> I NOBODY ELSE SIGNED UP SO I WOULD ENTERTAIN A MOTION TO

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

CLOSE. >> I HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR, VOTE. IT IS 7-0. THAT WAS JUST TO CLOSE THE PUBLIC HEARING. THE FLOOR IS NOW OPEN

FOR DISCUSSION OR ACTION. >> I MOVED TO APPROVE AS

PRESENTED. >> SECOND.

>> WE HAVE A MOTION AND A SECOND TO APPROVE AS PRESENTED. ANY

[01:00:02]

FURTHER DISCUSSION? WE ALL NEED TO VOTE. IT IS 7-0.

[010 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of 2025 Highridge Lane, being 2.85+ acres of land, Lot 5, Highridge Acres, City of Midlothian, Ellis County, Texas, by changing the zoning from Agricultural (A) District to Single Family Two (SF-2) District. (Z05-2025-006) Continuance to June 17, 2025, P&Z meeting. ]

>> OKAY. 10 AND 11 WE ARE GOING TO DO REAL QUICKLY. WE WILL DO IT BY VOICE VOTE. ON 10, IT IS TO CONSIDER AN ACT FOR AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 2025 HIGH RIDGE LANE, BEING 2.85 ACRES. I NEED A MOTION TO CONTINUE THAT

UNTIL JUNE 17 MEETING. >> I WILL MAKE A MOTION TO

CONTINUE THAT. >> I NEED A SECOND.

>> I WILL SECOND IT. ALL IN FAVOR SAY AYE.

>> AYE. ANY OPPOSED? >> THAT INCLUDES HAVING OPEN

PUBLIC HEARINGS? >> YES.

[011 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance and Zoning Map, relating to the use and development of 50.958+ acres out of the J. Coldiron Survey, Abstract 224, City of Midlothian, Ellis County, Texas, by changing the zoning from Agriculture (A) District to a Planned Development District No. 181 (PD-181) for Single Family Four (SF-4) uses. The property is generally located on the south side of W. Highland Road, east of Mockingbird Lane. (Z13-2025-017) Continuance to July 15, 2025, P&Z meeting.]

>> MIGHT AS WELL DO 13 WHILE YOU'RE AT IT.

>> CONDUCT A PUBLIC HEARING TO CONSIDER AN ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE AND ZONING MAP, RELATING TO THE USE AND DEVELOPMENT OF 50.958 ACRES.

DO I HEAR A MOTION TO CONTINUE THIS UNTIL JULY 15?

[013 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of 173.94+ acres in the Radford Berry Survey, Abstract No. 42, by changing the zoning from Agricultural (A) District and Planned Development District No. 164 (PD-164) to a Planned Development for a data center subject to development regulations. The property is generally located on Forbes Road, southwest of V.V. Jones Road. (Z31-2024-132) Continuance to June 17, 2025, P&Z meeting.]

>> I WILL MAKE A MOTION TO CONTINUE TO JULY 15.

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

>> WE WILL MOVE DOWN TO 13. CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT UPON AN ORDINANCE RELATING TO THE USE OF DEVELOPMENT OF 173.94 ACRES IN THE RADFORD BARRY SURVEY, ABSTRACT NUMBER READY TO. DO I HEAR A MOTION TO CONTINUE THE

PUBLIC HEARING UNTIL JUNE 17? >> I WILL MAKE A MOTION TO

[012 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of Lot 183 A, Country East Estates, Phase 7, by changing the zoning from Agricultural (A) District to Single Family Three (SF-3) District. The property is generally located at the termination of Lynnie Pennie Lane, City of Midlothian, Ellis County, Texas. (Z16-2025-022)]

CONTINUE TO THE JUNE 17 MEETING. >> SECOND.

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

>> AYE. >> THAT BRINGS US BACK TO NUMBER 12. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF LOT 183 A, COUNTRY EAST ESTATES, PHASE 7, BY CHANGING THE ZONING FROM AGRICULTURAL, A, DISTRICT TO SINGLE FAMILY THREE, SF-3, DISTRICT. THE PROPERTY IS GENERALLY LOCATED AT THE TERMINATION OF LYNNIE PENNIE LANE, CITY OF MIDLOTHIAN, ELLIS

COUNTY, . >> GOOD EVENING. I PROMISE THIS IS MY LAST CASE. THIS IS FOR A ZONING CHANGE FROM AGRICULTURE TO SINGLE-FAMILY. IT HAS BEEN AN EXISTING UNDEVELOPED LOT LOCATED AT THE TERMINATION OF LYNNIE PENNIE LANE WHICH IS A PART OF COUNTRY EAST STATES . YOU CAN SEE HERE, THE TOTAL SITE IS 1.187 ACRES AND THE FUTURE LAND USE PLAN IS RESIDENTIAL LOW DENSITY. THIS IS JUST A BETTER PICTURE OF THE SITE.

>> FOR THE COMPARISON CHART, IT IS A LOT OF INFORMATION THAT EITHER THEY CURRENTLY OR THEY WILL BE ABLE TO MEET THE SINGLE-FAMILY REQUIREMENTS WITHIN THE ZONING ORDINANCE WITH THE DEVELOPMENT OF THE SINGLE-FAMILY DWELLING OR CURRENTLY WITH THE UNDEVELOPED LAND. A TOTAL OF 12 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. WE HAVE NOT RECEIVED ANY CORRESPONDENCE ON STAFF SIDE. OUR RECOMMENDATION IS STARTING WITH THE SURROUNDING LAND USE COMPATIBILITY. TO THE NORTH IS EXISTING AGRICULTURAL SINGLE-FAMILY RESIDENCE WITH THE MAXIMUM DENSITY OF 0.25 STRONG UNITS PER ACRE AND THAT IS THE SAME TO THE EAST. TO THE WEST -- THE WEST IS UNDEVELOPED LAND. TO THE SOUTH IS UNDEVELOPED SINGLE-FAMILY WITH THE MAXIMUM DENSITY OF 2.0 DWELLING UNITS PER ACRE. THE FUTURE LAND USE MAP IS RESIDENTIAL LOW DENSITY WHICH OCCURRENCES -- ENCOURAGES THREE DWELLING UNITS PER ACRE. 3.0 DWELLING UNITS PER ACRE FOR FAMILY ZONING DISTRICT FALLS WITHIN THIS RANGE. IT IS CONSISTENT. THE PROPOSED CHANGES ARE CONSISTENT WITHIN THE FOLLOWING 2045 GUIDE AND FUTURE COMPREHENSIVE PLAN FOLLOWING LAND USE AND DEVELOPMENT RESIDENTIAL LOW DENSITY FORM.