[Call to Order and Determination of Quorum.] [001 Citizens to be heard- The Planning & Zoning Commission invites members of the public to address the Commission on any topic not scheduled for consideration for action on this agenda and present it to City Staff prior to the meeting. In accordance with the Texas Open Meetings Act, the Commission cannot act on items not listed on the agenda.] [00:00:16] LET THE RECORD SHOW WE DO HAVE A QUORUM. AND OUR FIRST ITEM OF BUSINESS IS CITIZENS TO BE HEARD. THE PLANNING AND ADVISING COMMISSION -- ON ANY TOPIC NOT CONSIDERED FOR CONSIDERATION FOR ACTION ON THIS AGENDA. AND OF COURSE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. AND WE DO HAVE ONE PERSON SIGNED UP TO SPEAK UNDER CITIZENS TO BE HEARD. BOB TURNER. DO YOU WISH TO SPEAK, SIR? OKAY. IF YOU WOULD COME UP AND GIVE US YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY, AND YOU HAVE THREE MINUTES. >> MY NAME IS BOB TURNER. I LIVE HERE IN THE CITY AT 423 EAST AVENUE F. I LIVE ACROSS THE STREET FROM A -- WHAT WE'RE EXPECTING AND HEARING ABOUT IS A HALFWAY HOUSE. LET ME FEEL UNSAFE HAVING THAT IN OUR NEIGHBORHOOD WITH FAMILY, MY WIFE, WHO'S HERE WITH ME, MY GRANDKIDS, WHO ARE IN THE HOUSE WITH US A LOT. THE NEXT DOOR NEIGHBOR ACROSS THE STREET TO MY LEFT, HE'S AN OFFICER IN THE COUNTY, AND HE IS TRYING TO GET HERE NOW AND UNABLE TO. HE HAS CHILDREN AND GRANDKIDS HIMSELF. WITH ANYBODY THAT'S VISITING OUR HOME, WE HAVE POSSIBILITY OF HAVING FELONS IN OUR NEIGHBORHOOD RIGHT CLOSE TO OUR HOME. AND WE ARE -- WE'RE NOT IN FAVOR OF THIS AT ALL BECAUSE OF THOSE FACTORS THAT ARE POSSIBLE WITH OUR FAMILY AND OUR FRIENDS AND OUR FAMILY THAT COMES TO VISIT AS WELL. SO, THAT IS WHAT I WANTED TO SAY TODAY ABOUT THAT PARTICULAR SUBJECT. I DON'T KNOW WHAT THE POSITION IS. WE'VE SEEN THAT HOUSE ACROSS THE STREET AT 422 GO THROUGH SOME KIND OF VARIABLE ISSUES. IT IS AN ABSOLUTE MESS, OF COURSE. AND SO WE WERE PROTESTING -- AND I CAN USE THAT WORD CAREFULLY -- PEACEFULLY TO HOPEFULLY NOT HAVE THAT PASSED AT THIS LOCATION FOR APPROVAL FOR HAVING A HALFWAY HOUSE BECAUSE OF THE POSSIBILITIES THAT WOULD EXIST WITH PEOPLE WHO HAVE BEEN RELEASED FROM SOME SORT OF INCARCERATION AND BE A HAZARD TO OUR FAMILY AND FRIENDS AND NEIGHBORS. THANK YOU. >> THANK YOU, MR. TURNER. ITEM TWO, STAFF VIEW OF [002 Staff review of the cases that were heard by City Council in the last sixty (60) days.] THE CASES HEARD BY THE CITY COUNCIL IN THE LAST 60 DAYS. >> I'M NOT SURE THEY CAN HEAR YOU. >> I DON'T KNOW WHY IT WAS FEEDING -- MAYBE THAT'S WHY IT WAS LIKE THAT. >> SEE IF THAT MADE A DIFFERENCE. >> OKAY. CAN YOU HEAR ME? . >> YEAH, MARY. YOU MIGHT WANT TO COME OVER HERE. IT'S HOT, BUT IT'S NOT AS HOT AS THAT. THAT WAY WE'LL BE ABLE TO RECORD IT. [00:05:09] IT IS HOT. SO, YEAH. >> I'M GOING TO SPEAK FROM BACK HERE. AT THE G-10 COUNCIL MEETING, WE HEARD Z 16, 25, 22, WHICH IS A REQUEST ON PENNY LANE TO -- COUNCIL APPROVED IT 6-0. SCOOPS, Z-10-2025-13 WAS CONTINUED TO THE JUNE 24TH COUNCIL MEETING. AND SITE PLAN -- PRESERVE OFFICES -- WAS APPROVED BY COUNCIL 6-0. DOES ANYONE HAVE ANY QUESTIONS ON THAT? >> GIVE IT A SHOT REAL QUICK. >> JUST TURNING IT ON, IT'S DOING THAT. [CONSENT AGENDA] >> OKAY. WE READY TO MOVE TO ITEM 3? ITEM 3 IS CONSENT AGENDA. FIRST IS CONSIDER THE MINUTES OF THE PLANNING AND ZONINGZONING DATED MAY 20TH, PRELIMINARY REQUEST FOR -- ITEM 5 CONSIDERING ACT ON REQUEST FOR PRELIMINARY PLATT FOR SOUTH POINT. PRELIMINARY PLATT FOR MIDLOTHIAN MIDTOWN. WE'LL CONSIDER THOSE ALL IN ONE MOTION UNLESS SOMEONE WISHES TO HAVE ONE REMOVED. >> I'D LIKE TO TAKE 4. >> I'M SORRY. YOU WANT TO REMOVE FOUR? OKAY. ANYONE ELSE? IF NOT, I'D ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM FOUR. >> MAKE A MOTION TO APPROVE. WITH THE EXCEPTION OF ITEM FOUR. >> WE HAVE A SECOND? >> SECOND. >> OKAY. WE HAVE A MOTION AND SECOND [004 Consider and act upon a request for a Preliminary Plat for Bluebonnet Hills, being 414.01+ acres out of the Allen Reeves Survey, Abstract No. 939, John Chamblee Survey, Abstract No. 192, J.B. Littlepage Survey, Abstract NO. 643, and the M.E.P. & P. Railroad Survey, Abstract No. 761. The property is generally located north of Highway 287, west of Highway 67, and south of Auger Road (PP01-2025-026).] TO APPROVE CONSENT AGENDA LESS ITEM FOUR, SAY AYE. >> AYE. >> ANY OPPOSED? BLACK TO FOUR, BLUE BONNET HILLS BEING 414. 0101 PLUS OR ACRES OUT OF SURVEY ABSTRACT NUMBER 939. JOHN CHAMBLEE SURVEY ABSTRACT 192, J.P. LITTLEPAGE SURVEY, ABSTRACT NUMBER 643, AND MEP & P RAILROAD SURVEY, ABSTRACT NUMBER 761. THE PROPERTY IS GENERALLY LOCATED NORTH OF HIGHWAY 287, WEST OF HIGHWAY 67 AND SOUTH OF -- ROAD. >> I'M JUST WONDERING IF THERE'S ANY SKILL SITE IN THERE. >> DISTRICT HAD ANY CONVERSATIONS AT ANY POINT. DO WE NOT ASK DEVELOPERS EVER IF THEY HAVE THIS MANY LOTS, ANYTHING LIKE THAT? [00:10:02] >> WE HAVE BEEN IN TALKS WITH THE DEVELOPMENT TO THE NORTHWEST, WHICH IS LAKE ZONE. I DO BELIEVE THERE ARE SEVERAL SCHOOL SITES IN THAT VICINITY, WHICH IS JUST NORTH OF THIS BOUNDARY. >> >> I THINK I'M AWARE OF LAKE SONG AS WELL. BUT THAT'S A LOT OF -- THAT'S A LOT OF KIDS IN A 1,000-LOT SUBDIVISION. I JUST WONDERED. >> OKAY. ANY OTHER QUESTIONS OR DISCUSSIONS? IF NOT, I'D ENTERTAIN A MOTION. >> MOTION TO APPROVE -- >> SECOND. >> OKAY. WE HAVE A MOTION AND SECOND TO APPROVE AS PRESENTED. ALL IN FAVOR, AYE. >> AYE. >> ANY OPPOSED. IT IS UNANIMOUS. >> YOU'VE GOT TO SIGN IN. >> OKAY. SORRY. >> OKAY. WE'LL MOVE NOW TO PUBLIC HEARINGS. >> I JUST DID. RIGHT HERE. [007 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of Lot 5, Highridge Acres, located at 2025 Highridge Lane, by changing the zoning from Agricultural (A) District to Single Family Two (SF-2) District. (Z05-2025-006) Continuance from May 20, 2025, P&Z meeting.] THAT IS A UNANIMOUS VOTE. OKAY. ITEM 007, I NEED A MOTION TO CONTINUE THIS PUBLIC HEARING UNTIL MAY 20TH PNC MEETING. >> IT WAS CONTINUED FROM MAY 20TH. >> 007? OH, CONTINUANCE, SORRY. READING THAT WRONG. BOTH OF THOSE, RIGHT? OKAY. CONDUCT PUBLIC HEARING RELATED TO THE USE OF DEVELOPMENT OF LOT 5, LOCATED IN 2025 -- LANE BY CHANGING ZONING FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY 2 DISTRICT. >> CHAIR, COMMISSIONER, SENIOR PLANNER OF -- EXCUSE ME -- TO PRESENT ITEM 7. 2. 95 ACRE VACANT AND UNDEVELOPED LOTS. MINIMUM LOT SIZE FOR THE CURRENT AG ZONING IS FOUR ACRES, WHICH MAKES EXISTING NON- CONFORMING LOTS. THE CODE ALLOWS FOR DEVELOPMENT OF ONE SINGLE DWELLING ONON NON- CONFORMING LOT. BUT TAPLY CAN'T WANTS TO DEVELOP TWO. THEREFORE THIS ZONE CHANGE TO SF- 2 AND A RE- PLATT TO TWO SEPARATE LOTS WILL BE NECESSARY. COMPREHENSIVE PLAN DESIGNATION FOR THIS PROPERTY IS RESIDENTIAL MEDIUM DENSITY. HERE'S THE LOCATION MAP OF THE PROPERTY. HERE'S THE COMPARISON CHART BETWEEN THE CURRENT AND PROPOSED ZONING THAT SHOWS THE DIFFERENCES HOW THE PROPERTY MEETS ALL OF THE PROPOSED ZONING REQUIREMENTS. WE MAILED OUT 13 PROPERTY OWNERS' LETTERS WITHIN THE 200- FOOT RADIUS OF THE PROPERTY AND RECEIVED NO OBJECTION. STAFF RECOMMENDS YOU CONSIDER THE FOLLOWING. THE REQUEST IS COMPATIBLE WITH ALL SURROUNDING LAND USES, WHICH ARE ALL SINGLE FAMILY, WITH . 5 DWELLING UNITS PER ACRE. THE REQUEST IS CONSISTENT WITH -- SF-2 DWELLING UNITS PER ACRE FALLS WITHIN THE RANGE OF THE RESIDENTIAL MEDIUM DENSITY MAXIMUM OF 4, AND THE REQUEST AND PROPOSED USED IS -- DESIGNATION, WHICH SUPPORTS TRADITIONAL SINGLE FAMILY HOMES. HERE'S AN EXHIBIT PRESENTED AND PROVIDED BY THE APPLICANT THAT SHOWS THE RE- PLATT LOTS THAT IT PROPOSED AND THE BUILDINGS AS WELL AND HOW THEY'RE GOING TO MEET THE CODE REQUIREMENTS, SUCH AS MINIMUM LOT DIMENSIONS AND BUILDING SETBACKS. THANK YOU, AND I'M HOPE TO QUESTIONS. >> QUESTIONS TO STAFF? OKAY. IS THE APPLICANT PRESENT, WISH TO SPEAK? >> THEY'RE NOT. >> THEY'RE NOT. OKAY. I DON'T HAVE ANYBODY SIGNED UP, SO I WOULD ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING. >> >> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR, AYE. >> AYE. >> ANY OPPOSED? FLOOR IS NOW OPEN FOR ANY DISCUSSION OR ACTION. [00:15:12] >> ALL RIGHT. THE FLOOR IS OPEN FOR DISCUSSION OR ACTION. >> >> SECOND. >> WE HAVE A MOTION AND A SECOND TO APPROVE, AS PRESENTED. ANY FURTHER DISCUSSION OR QUESTION? OKAY. IF NOT, EVERYBODY VOTE. [008 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 (PD164) to Planned Development District No. 182 (PD-182) 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 from May 20, 2025, P&Z meeting.] OKAY. IT IS UNANIMOUS. WE'LL MOVE TO ITEM 008. CONDUCT PUBLIC HEARING CONSIDERING -- ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 173. 94+ ACRES IN THE -- SURVEY ABSTRACT NUMBER 42, BY CHANGING THE ZONING FROM AGRICULTURAL DISTRICT AND PLANNED DEVELOPMENT DISTRICT 164 TO PLANNED DEVELOPMENT DISTRICT NUMBER 182 FOR A DATA CENTER SUBJECT TO DEVELOPMENT REGULATIONS AND PROPERTIES GENERALLY LOCATED ON FORBES ROAD SOUTHWEST OF -- JONES. >> THANK YOU, COMMISSIONERMENT . I'M GOING TO STAND WAY BACK AND GIVE THIS A SHOT JUST BECAUSE I KNOW WE HAVE AN APPLICANT COMING UP TO SPEAK THEIR PIECE IN A LITTLE BIT. THIS IS CHANGE OF USE -- I DID NOT DESIGN THE SOUND SYSTEM IN THIS BUILDING. SO, WE DO HAVE A ZONING CHANGE FROM AG TO PD-164 -- I'M SORRY. FROM AG AND PD-164 TO PD- 182 FOR LIGHT -- DATA CENTER USE. THIS IS 172 -- ACRES OF UNDEVELOPED LAND, DUE WEST OF THE RAIL PORT. THIS IS A DUAL CERTIFIED -- WITH MOUNTAIN PEAK. WE SERVE ALL OF THE INDUSTRIAL DEVELOPMENT OUT THERE AND -- SERVES ALL OF THE SINGLE FAMILY RESIDENTIAL OUT THERE. AND THERE ARE NO EXISTING SEWER LINES. THIS IS INDUSTRIAL MODULE FROM OUR FUTURE LAND USE PLAN, AND IT DOES MEET THE STRATEGY OF THE EF .3. 8 OF THE CITY'S EMPLOYMENT BASE. THIS IS THE SUBJECT PROPERTY. YOU SEE PD- 164, WHICH WAS REZONED SEVERAL YEARS AGO, AND THE AGRICULTURAL PROPERTY THAT IS AJOINING IT. ALL OF THE PROPERTY IN QUESTION IS IN YELLOW HERE. THE GREEN IS AGRICULTURAL PROPERTY. AND THE TWO BLUE STRIPS ARE BOTH PLANNED DEVELOPMENTS. AND IF YOU SEE THE BUILDING, THE NEWER BUILDING ON THE RIGHT-HAND SIDE OF THIS PICTURE, THIS IS THE ENCORE SITE THAT WAS BUILT IN THE PAST, OPENED IN THE PAST YEAR. SO, ON THE CORNER OF FORBES AND VV JONES. FORBES ROAD BEING A MAJOR COLLECTOR OF 80- FOOT FUTURE WIDTH. IT'S EXISTING 30- FOOT WIDTH IN PRETTY POOR CONDITIONS. THE COOLING METHOD WITH THIS DATA CENTER WILL BE MECHANICAL. IT WILL NOT BE DEPENDENT UPON WATER. THE WATER-COOLED EQUIPMENT, IT WILL BE ALLOWED 5,000 GALLONSGALLONS DAY PER BUILDING. AND THAT'S NOT TO EXCEED EIGHT BUILDINGS. SO, REALLY -- WATER USE FOR TOILETS, WATER, KITCHENS, ET CETERA. THERE WILL BE A WATER LINE THAT WILL BE EXTENDED ALONG FORBES ROAD FROM V.V. JONES AND LOOPED ON THE SITE. THE DRAINAGE PLANS WILL BE FINALIZED WITH THE CIVIL ENGINEERING, AND DETAILED SITE PLANS THAT REQUIRE SUBSTANTIAL CHANGES AND/OR BEARINGS WILL GO TO THE KOUNSAL WHEN THIS IS APPROVED. THIS IS THE SITE HERE. YOU HAVE THREE BUILDINGS -- THERE WILL BE ONE ELECTRIC SUBSTATION WITH A TOTAL OF 40 MEGAWATTS OF PEAK CAPACITY AT COMPLETION. IF YOU LOOK AT THE PICTURE, YOU SEE THE 80- FOOT MINOR THOROUGH FAIR, WHICH IS FORBES ROAD, AND THERE'S ALSO A TRANSFER EASEMENT WHICH KIND OF BISECTS -- NOT REALLY BISECTS -- BUT GOES DIAGONALLY THROUGH THIS PROPERTY. THAT'S WHY IT'S DRIVING A LOT OF THE SITE PLAN HERE. SO, THIS IS A LARGE INDUSTRIAL SITE. MAXIMUM COVER HERE IS 70%. BASE ALLOWS UP TO 85%. MAXIMUM HEIGHT IS 75 FOOT HERE THAT IS BEING REQUESTED. 35 FOOT MAXIMUM WITH THE ADDED ADDITIONAL 15 FOOT FOR ARCHITECTURAL FEATURES IS STANDARD FOR THE INDUSTRIAL BASE. FRONT YARD SETBACKS ARE 25 FOOT, SIDE YARDS, 15 FOOT, AND 20 FOOT ON A CORNER. AND THE REAR -- IS 10 AND 20 FOOT AS WELL. [00:20:02] SO, THIS -- THEY ARE MEETING ALL THE LANDSCAPE STANDARDS HERE WITH ALL THESE BUILDINGS. ONE OF THE THINGS THAT THEY ARE ASKING FOR A SLIGHT VARIANCE ON IS THE ONE PARKING SPACE PER 7,500 SQUARE FEET OF DATADATA CENTER, I'M SORRY. SO, TYPICALLY, I THINK IT'S ABOUT 1 TO 400, ONE SPACE FOR 400 IN TYPICAL INDUSTRIAL SITES. THE LAST DATA CENTER THAT WENT THROUGH, I BELIEVE, WAS ONE SPACE PER 3,300 SQUARE FEET. THANK YOU. AND THIS IS ESSENTIALLY DOUBLING THAT. SO, DATA CENTERS ARE VERY UNIQUE IN THEIR PARKING STRUCTURE. I MEAN, THEY'RE FULL OF MACHINES AND NOT A LOT OF PEOPLE. SO, THAT IS THE PURPOSE OF THEIR REQUEST HERE. THERE WILL BE THREE LOADING SPACES PER BUILDING, AND THEN OF COURSE ALL THE DRIVE AREAS WILL BE CONCRETE. FOR THE SUBSTATION, IT WILL BE ELECTRICAL, GRAVEL WILL BE ALLOWED. THESE ARE THE ELEVATIONS FOR THE DATA CENTER. WE'LL HAVE A MAXIMUM HEIGHT OF 75 FOOT. AND IS THAT AN ADDITIONAL 25 FOOT BEING REQUESTED? OKAY. I'M SORRY. SO, THERE WILL BE A CAP OF 75 FOOT EVEN WITH ADDITIONALADDITIONAL ON THE ROOF. JUST MORE ELEVATIONS AND PICTORIALS OF THE DATA CENTER IN THIS AREA. SO, WE HAVE SENT OUT 12 LETTERS TO ALL OWNERS WITHIN 200 FEET. TODAY STAFF HAS NOT RECEIVED ANY CORRESPONDENCE ON THOSE DEVELOPMENTS. SURROUNDING -- IT IS COMPATIBLE WITH THE SURROUNDING LAND USES. THE MAJORITY OF IT IS ZONED AGRICULTURAL. BUT THE MAJORITY OF IT IS UNDEVELOPED. I BELIEVE ALL THAT'S UNDEVELOPED TO THE NORTHWEST AND SOUTHWEST. SO, TO THE WEST IS UNINCORPORATED PROPERTY IN ELLIS COUNTY. IT IS CONSISTENT WITH THE FUTURE LAND USE PLAN MAP. AND IT IS CONSISTENT WITH OUR POLICY ABOUT DIVERSIFYING MIDLOTHIAN'S EMPLOYMENT BASE FROM MOST SUSTAINABLE ECONOMIC GROWTH AND EXPAND OUR LOCAL JOB OPPORTUNITIES. WITH THAT, I WILL STAND FOR ANY QUESTIONS. AND I DO KNOW -- I DO BELIEVE THAT THE APPLICANT HAS A PRESENTATION. >> STAFF HAS RECOMMENDED APPROVAL? >> YES, SIR, YES. >> OKAY. SO, YEAH. LET HIM GO AHEAD. SO, SIR, IF YOU WOULD, STATE YOUR NAME AND WHERE YOU'RE FROM. >> YES. HAPPILY. THE VIEW IS A LITTLE BIT DIFFERENT FROM UP HERE, SO FORGIVE ME. DANIEL BOX, ZONING ATTORNEY WITH WINSTEAD PD. HERE WITH ME ARE MEMBERS OF THE APPLICANT AND OUR TECHNICAL TEAM. WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. WE DO -- WE HAVE PREPARED A PRESENTATION, WHICH I'M HAPPY TO ROLL THROUGH. BUT I THINK THAT WOULD BE MOSTLY DUPLICATIVE OF WHAT CLIVE HAS ALREADY PRESENTED. WE WANT TO TAKE THE OPPORTUNITY TO THANK STAFF FOR ALL OF THEIR PATIENCE WITH US. THEY'VE BEEN EXTRAORDINARY, AS WE'VE STARTED THIS PROJECT AND REFINED IT AND MADE IT WHAT IT IS TODAY. AND ESSENTIALLY WITH THE DIRECTION THAT WE RECEIVED FROM THEM THAT WE UNDERSTOOD IS PALATABLE HERE IN THE CITY, IS IF WE WERE TO TAKE THE DIGITAL REALTY APPROVAL A COUPLE OF MONTHS AGO AND REVISE IT. AND THAT'S WHAT WE'VE TRIED TO DO. -- IS OUR ZONING DISTRICT. WE JUST CARBON COPIED WHAT WAS APPROVED FOR DIGITAL REALTY. WE THINK THAT'S AN ATTRACTIVE OPTION THERE. WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS? >> OKAY. QUESTIONS? >> I HAVE A QUESTION. >> SURE. >> I CAN TRY THIS. WE'LL SEE HOW IT GOES. OKAY. LET ME GO BACK TO -- I WAS READING IN SOME OF THIS ABOUT THE POOLING METHOD THAT'S REQUIRED, AND IT SAID THAT WATER WOULD NOT EXCEED 5,000 GALLONS PER DAY. BUT IT ALSO SAYS IT'S NOT DEPENDENT ON WATER GOING. SO, HELP ME BETTER UNDERSTAND WHAT THAT MEANS. >> SURE. SO, IN THE PD CONDITIONS, WE HAVE CAPPED IT AT NO MORE THAN REQUIRING 5,000 GALLONS PER DAY FOR USE OF THE COOLING SYSTEM. SO, THAT WILL BE MECHANICAL -- MECHANICAL COOLING SYSTEM. THERE IS SOME ANCILLARY USE OF WATER, WHICH WOULD FEEL COMFORTABLE AT THE 5,000 MAXIMUM. SO, YES, THERE IS GOING TO BE SOME WATER USAGE THAT IS ANCILLARY TO THAT COOLING SYSTEM, BUT IT WON'T BE MECHANICAL. SO, THAT IS WITHIN THAT MAXIMUM LIMIT. >> AND THAT'S PER BUILDING. >> YES. >> SO, REALLY WITH EIGHT BUILDING, WE'RE LOOKING AT ABOUT 40,000 GALLONS PER DAY. >> AT A MAXIMUM IN TERMS OF WHAT IS ALLOWED TO BE USED. MANY OF THESE QUESTIONS, WE WILL WORK OUT BEFORE CONSTRUCTION. [00:25:01] AND OF COURSE IF WE -- I THINK ESSENTIALLY WE'RE AT A POINT WHERE IF WE HAVE TO CONTRIBUTE TO THE INFRASTRUCTURE IN ORDER TO MAKE IT FEASIBLE, THEN THAT'S SOMETHING THAT WE WILL WORK OUT AT THE TIME TO MAKE SURE -- OF COURSE WE WON'T BUILDING ANYTHING THAT'S NOT ABLE TO BE DONE. >> HAVE YOU HAD ANY CONVERSATIONS WITH MOUNTAIN PEAK WATER REGARDING THE GALLONS AVAILABLE? >> THIS AREA -- I TALKED ABOUT THIS BEING A DUAL CERTIFIED CCM AREA. THE WAY THE AGREEMENT WORKS IS WE COVER ALL INDUSTRIAL. SO, MIDLOTHIAN CC WILL COVER ALL INDUSTRIAL, AND MOUNTAIN PEAK COVERS ALL RESIDENTIAL. THEY WON'T HAVE CONVERSATIONS WITH MOUNTAIN PEAK. IT WILL BE THROUGH OUR WATER SYSTEM. >> DO WE HAVE WATER LINES IN THIS AREA? >> NOT WATER LINES. NO, NO. THEY WILL HAVE TO EXTEND INFRASTRUCTURE TO THIS SITE. I'M GOING TO -- I'M GOING TO SAY IT'S REAL CLOSE TO FORBES AND V.V. JONES. I KNOW WE HAVE IT IN RAIL PORT. SO, IT WOULD ALL BE ON THE APPLICANT'S BACK TO BRING INFRASTRUCTURE TO THE SITE. >> OKAY. AND THEN IT WAS MENTIONED THAT THIS IS TO MIRROR WHAT WAS DONE AT DIGITAL REALTY. AND I RECALL WHEN WE PASSED THAT, IT HAD SUBSTANTIAL MORE PARKING THAN WHAT WE'RE SEEING HERE. WHY IS THAT DIFFERENT? >> IT HAD ABOUT TWICE AS MUCH PARKING. AND THAT'S SOMETHING THAT STAFF HAS QUESTIONED. AND, YOU KNOW, THEY JUST -- AND THESE DATA CENTERS WORK, THERE'S NOT A LOT OF EMPLOYEES THAT ARE CARRIED WITH THESE DATA CENTERS. SO, THAT'S WHAT THEY'RE REQUESTING. SO, THIS IS OUT OF OUR NORM. DATA -- DIGITAL REALTY WAS OUT OF OUR NORM. THIS IS FURTHER OUT OF OUR NORM. BUT THIS IS A QUESTION THEY'RE POSING TO Y'ALL IF Y'ALL ARE COMFORTABLE WITH THAT. >> RIGHT. SO, I ASKED THE QUESTION BECAUSE THE POINT WAS MADE THAT THIS IS GOING TO BRING ADDITIONAL HIGH-PAYING EMPLOYMENT TO THE AREA. BUT THIS IS SIGNIFICANTLY LESS EMPLOYMENT IF I JUST HEARD YOU CORRECTLY. >> WELL, I THINK SIGNIFICANTLY LESS THAN WHAT? >> THAN DIGITAL REALTY, WHAT WE JUST DID. >> NO. I DON'T WANT TO MISTAKE PARKING FOR EMPLOYMENT. >> OKAY. >> I DON'T THINK THOSE TWO ARE MUTUALLY EXCLUSIVE. SO, JUST BECAUSE THEY HAVE THE AMOUNT OF PARKING THAT MAY BE DRIVEN BY OUR ZONING CODE DOES NOT MEAN THAT THEY HAVE HAVE MUCH EMPLOYEES. I MEAN, THINK OF WALMART. WE PARK WALMART THE THURSDAY AFTER THANKSGIVING. IT'S NOT REALLY FULL AT TIMES. SO, PART -- I WOULD HATE -- AND THIS IS A PERSONAL OPINION OF MINE. BUT I WOULD HATE TO EQUATE PARKING WITH EMPLOYMENT. I DON'T KNOW THAT THOSE TWO ARE TOTALLY MUTUALLY EXCLUSIVE. >> OKAY. MY OTHER QUESTION IS, THE ELEVATIONS THAT WE'RE SEEING IN OUR PACKET, ALL OF THE BUILDINGS WILL LOOK LIKE THAT. BUT WE'RE ONLY SEEING ONE BUILDING HERE. SO, WE'VE GOT EIGHT BUILDINGS ON THIS TOTAL DEVELOPMENT, CORRECT? >> YES. WE'RE AT EIGHT MAXIMUM IS WHAT WE WOULD BE ALLOWED TO DO. AND YES, THAT ELEVATION IS REPRESENTATIVE OF WHAT THE OTHERS WOULD LOOK LIKE. AND HAPPY TO ANSWER ANY I DID HAVE SOME PIGGYBACK TO THE PARKING QUESTIONS IF YOU WANTED TO HEAR THOSE. >> YES. >> APOLOGIES FOR THE LATE JUMP-IN HERE. I GUESS TO ECHO WHAT CLIVE HASHAS SAID, HAVING TAKEN A LOOK AT SOME OF THE DIGITAL REALTY VIDEO OF THE HEARING BEFORE COMING HERE, AS I UNDERSTOOD IT, I THINK THEY WERE SAYING EACH BUILDING WAS GOING TO OFFER ABOUT 40 JOBS PER BUILDING. SO, OBVIOUSLY WITH THEIR PARKING RATIO, THEY WERE GOING TO HAVE, LIKE, 1,000 -- OVER 1,000 PARKING SPACES, WHICH IS QUITE IN EXCESS OF THOSE AMOUNT OF EMPLOYMENT OPPORTUNITIES. OUR EMPLOYMENT OPPORTUNITIES WILL BE ROUGHLY THE SAME. SO, IT REALLY WILL BE MORE OR LESS ONE TO ONE COMPARED TO WHAT REALTY WAS OFFERING. I THINK THAT THE PARKING -- AGAIN, NOT TO PUT ININ REALTY'S MOUTH. BUT AS I UNDERSTOOD IT, IT WAS A PRECAUTION IN CASE IN THE FUTURE THEY HAD TO DO ADAPTIVE REUSE AND -- INDUSTRIAL FACILITY, AND THEN THEY WOULD HAVE THE ADEQUATE PARKING TO STAFF THAT. THAT -- THAT IS NOT OUR INTENTION FOR THIS SITE AT ALL. WE SEE THIS AS A DATA CENTER SITE. WE'RE NOT CONCERNED ABOUT ANY POTENTIAL FUTURE CONVERSION. STILL LIGHT INDUSTRIAL FACILITY. AND IF THAT EVER BECOMES THE CASE, WE WILL OF COURSE ADAPT THE PARKING ACCORDINGLY. BUT BASED ON OUR TRAFFIC TOTALS, I THINK WE SUBMITTED A TRAFFIC IMPACT WORKSHEET. WE'RE AT WELL UNDER 400 TRIPS A DAY. SO, WE'RE CONFIDENTCONFIDE NT OUR PARKING RATIO, BUT WITH A MINIMUM COMMITMENT OF 40 SPACES PER BUILDING, WILL BE ABLE [00:30:01] TO PARK THE SITE VERY ADEQUATELY. >> THANK YOU. >> YEAH, OF COURSE. >> ANOTHER QUESTION. AND HELP ME RECALL. ON THE DIGITAL REALTY PLATT, THAT WAS IN AN AREA THAT IS PRIMARILY INDUSTRIAL, DOESN'T CURRENTLY HAVE ANY RESIDENTIAL HOMES SURROUNDING IT. IS THAT AN ACCURATE STATEMENT? >> YOU HAVE AN OVERLOOK IN MILLBROOK, WHICH IS SOUTH OF DIGITAL REALTY, AS THE CROW FLIES, A QUARTER MILE. >> QUARTER MILE? OKAY. SO, I'M LOOKING AT THIS BECAUSE I'VE SEEN HOMES VERY, VERY CLOSE TO THIS PROPERTY BOUNDARY. SO, WE'VE GOT -- I REALLY SHOULD HAVE IN HERE THAT IT'S -- I THINK THE WORD YOU USED WAS NOT NECESSARILY UNDEVELOPED -- >> UNINCORPORATED. >> THERE'S NO ZONING ON THE NORTHWEST AND SOUTHWEST BECAUSE IT IS, IN FACT, ELLIS COUNTY. BUT BEING FAMILIAR WITH THESE ROADS, THERE'S QUITE A FEW HOMES OUT HERE, AND YOU'RE VERY CLOSE TO 157. SO, HOW IS THAT GOING TO CHANGE THE LOOK OF THE LAND? >> IT'LL BE DEVELOPED. IF THEY CARRY THROUGH WITH THIS, IT WILL NO LONGER BE AGRICULTURAL LAND. IT WILL BE INDUSTRIAL SITE. I THINK WE ENVISIONED THIS WHOLE AREA AS BEING INDUSTRIAL IN THE FUTURE. >> AND FORBES ROAD RIGHT NOW IS A VERY SMALL SEMI- ASPHALTED ROAD. >> AND IF YOU SEE -- YOU CAN SEE THE ENCORE BUILDING THERE TO THE RIGHT OF THE PICTURE. THEY IMPROVED THAT ROAD TO FOUR LANES, CONCRETE SECTION TO THE SOUTH OF THAT. THEY WOULD ALSO BE REQUIRED TO IMPROVE AT A MINIMUM THE SECTION IN FRONT OF THEIR PROPERTY TO CONCRETE AS WELL. SO, THAT WOULD BE IMPROVED. AND AT SOME POINT, IT WOULD PROBABLY BECOME A CITY PROJECT TO MAKE THAT CONNECTION. >> CAN YOU SHOW US WHAT PARTS ARE CITY AND WHAT PARTS ARE NOT? >> EVERYTHING THAT'S COLORED HERE IS CITY. EVERYTHING THAT DOES NOT HAVE AN OVERLAY IS UNINCORPORATED. SO, THE AERIAL PHOTO WITHOUT ANY TRANSPARENCY THE UNINCORPORATED LAND. >> SO, ALL OF THE HOMES ON NICOLE COURT THAT ARE NOT INSIDE THE CITY LIMITS, WE AS THE CITY WOULD AGREE TO -- FORBES ROAD ON THAT SIDE. >> I AM NOT SAYING THAT RIGHT NOW. NO. I AM NOT GOING TO MAKE THAT COMMITMENT. THERE'S SO MANY FACTORS. IF YOU TELL ME WHAT MY BUDGET'S GOING TO BE IN THREE YEARS, I CAN TELL YOU. THERE'S TOO MANY FACTORS TO CONSIDER THERE, SO I'M NOT COMMITTING THAT. >> OKAY. THANK YOU. >> MM-HMM. >> YEAH. I'LL JUST -- I'LL JUST GO AHEAD AND ADD, YEAH, I THINK THE QUESTIONS YOU'RE ASKING ARE GOOD ONES, AND THEY'RE QUESTIONS WE ASK OURSELF BEFORE WE COMMIT TO ANY SITE. AS WE'RE ANALYZING SITES FOR WHAT MAKES SENSE TO US, YOU KNOW, ROAD IMPROVEMENTS AND UTILITY, WHAT'S AVAILABLE IN TERMS OF UTILITIES AND ALSO SURROUNDING USES ARE ALL VERY MUCH ON OUR RADAR. SO, YOU'RE RIGHT TO POINT OUT THAT THERE ARE SOME RESIDENCES OVER THERE. BUT OF COURSE FURTHER NORTH WE HAVE THE ENCORE DISTRIBUTION SITE. WE'VE GOT A TARGET DISTRIBUTION SITE. I THINK I SAW A GUESS DISTRIBUTION SITE AS WELL AS THE -- DATA CENTER. THAT COUPLED TOGETHER WITH WHAT'S SHOWING IN THE PLAN IS THIS AREA FOR DESIGNATED INDUSTRIAL. WE THINK THIS SITE IS JUST RIGHT FOR WHAT WE'RE PROPOSING TO DO. OF COURSE WITH REGARD TO FORBES, AS WE GO THROUGH PLATTING, WE'RE GOING TO HAVE TO DEDICATE ADDITIONAL RIGHT-OF- WAY TO ENSURE THAT GETS CONSTRUCTED AND THAT'S APPROVED IN ORDER TO HANDLE OUR DEVELOPMENT. >> SO, ON -- THANK YOU. ON THIS MAP -- AND I DON'T KNOW IF YOU CAN SWITCH OVER TO THE ONE THAT SHOWS, LIKE, THE ACTUAL LAYOUTS. BUT WHERE WOULD THE VEHICLES BE GOING IN AND OUT ON THAT MAP? CAN WE OVERLAY THAT? >> SO, IF YOU LOOK -- WELL, I CAN'T OVERLAY THIS. IF YOU LOOK AT THE LOWER LEFT, THERE IS A DRIVEWAY. >> OKAY. >> AND MAYBE RIGHT THERE IN THE MIDDLE -- YEAH, I BELIEVE RIGHT THERE IN THE MIDDLE. CAN YOU SEE THIS? >> YES. >> OKAY. THOSE ARE THE TWO DRIVEWAYS PROPOSED. >> SO, THE ONLY INGRESS AND EGRESS FOR THIS DEVELOPMENT IS ON FORBES ROAD. >> YES, MA'AM. YES. IT DOESN'T -- ANY OTHER PUBLIC ROAD. >> AND AS STAFF, CAN YOU TELL US WHAT IS IN THE WORKS OR HAS ALREADY BEEN APPROVED FOR SOUTH AND I BELIEVE THAT'S EAST OF THIS DEVELOPMENT? >> NOTHING. IT LOOKS LIKE IT'S AG. [00:35:02] IT'S ALL AG. I THINK THE PROPERTY - - IF YOU SEE THAT BLUE STRIPE TO THE RIGHT OF PD- 164, I BELIEVE THAT WAS A ZONING CHANGE THAT HAPPENED SEVERAL YEARS AGO FOR A METAL FABRICATION -- LARGE METAL FABRICATION -- AREA SIMILAR TO QUANTICO. BUT THEY GOT ZONING AND THEY DISAPPEARED. >> AND THE GREEN BOX TO THE SOUTH? >> THAT'S ALL ZONED AGRICULTURE. >> ARE THERE CONVERSATIONS HAPPENING RIGHT NOW ABOUT THAT BECOMING RESIDENTIAL? >> NO, NOT THAT I'VE HEARD. BUT THAT DOES NOT MEAN A THING. AND REALLY EVERYTHING TO THE WEST OF THAT, THEY WOULDN'T REALLY NEED TO COME TALK TO US AT ALL BECAUSE THAT'S UNINCORPORATED. >> BUT IT'S STILL MIDLOTHIAN ETJ, WE WANT TO CALL IT THAT? >> I THINK WE BUTT UP TO VENUS THERE. SO, I THINK WE HAVE AN AGREEMENT WITH VENUS THAT THEY'RE JUST -- IT'S OUR CORPORATE BOUNDARIES MEET UP, I BELIEVE. >> ON THE SOUTH SIDE. NOT GOING WEST -- >> I DON'T BELIEVE THERE'S ANYTHING TO THE SOUTH AS FAR AS -- THAT IS OUR ETJ. >> OKAY. THAT'S NOT SPILLER PROPERTY? >> -- OUR ETJ. >> OKAY. THANK YOU. >> I THINK THE LAST THING THAT I'LL GO AHEAD AND OFFER ON THAT POINT ALSO, I HEARD SOME TALK ABOUT THE LAND JUST ACROSS FORBES FROM US THAT IS LOCATED WITHIN THE CITY LIMITS. SO, WE ACTUALLY HAVE THAT UNDER CONTROL, AND WE ARE CONSIDERING THAT FOR FUTURE DEVELOPMENT AS WELL. OF COURSE IT'S NOT THE SUBJECT OF THIS ZONING APPLICATION. BUT FOR WHATEVER IT'S WORTH, THAT'S -- WE HAVE THAT LAND TIED UP. >> I JUST HAVE ONE -- ONE OF YOUR SLIDES SHOWED PHASE ONE IN FOUR BUILDINGS. IS THAT YOUR INTENTION TO BEGIN WITH ALL FOUR TO BEGIN WITH? >> IT'S RIGHT HERE -- THIS IS THE ONE -- >> NO, IT WAS -- I THINK IT'S AFTER THAT. KEEP GOING. >> >> OKAY. MAYBE WE'RE GOING THE WRONG WAY. ANYWAY, I DIDN'T KNOW IF THAT WAS -- HOW MANY ARE YOU TRYING TO BUILD AT ONCE? >> THAT'S A GREAT QUESTION. WE VIEW THE SITE REALLY AS ONE, ONE COMPLETE CAMPUS. WE DID RETAIN THE ABILITY TO CONSTRUCT IT IN PHASES WITHIN THE PD. IT'S ONE OF THOSE THINGS WE'RE NOT GOING TO BEGIN CONSTRUCTION UNTIL WE HAVE AN END USER. HAVING THE ZONING IN PLACE ALLOWS US TO SHOP AROUND FOR THAT USER AND MAKE SURE THIS HAPPENS EXPEDIENTLY. IT'S PROBABLY GOING TO BE MORE ON A BUILDING-BY- BUILDING BASIS, BUT WE DO SEE IT ALL AS ONE SITE. >> CLIVE, DO YOU MIND MOVING IT BACK TO THE LANDSCAPE? THIS MIGHT BE A DUAL CONVERSATION HERE. WORKS OUT PERFECTLY WITH BOTH OF YOU UP HERE. IT SAYS LANDSCAPE STANDARDS MET. OKAY. SO, IF WE'VE GOT ONE TREE PER TEN PARKING SPACES AND THE CONCESSION IS BEING ASKED FOR IS ONE PARKING SPACE PER 7,500 SQUARE FEET OF BUILDING, RIGHT, WHAT'S THE DELTA OF THE TREES THAT WE'RE LOSING OUT ON? BY MAKING THIS A CONCESSION? >> I'M GOING TO SAY -- 17? >> 17. >> YEAH. CORRECT. >> >> AND WE HAVEN'T MADE ANY OTHER -- THERE'S NOTHING ELSE EXCEEDING ANYWHERE ELSE THAT WOULD BE MAKING UP FOR THAT? >> NO, NOT THAT I'M -- AS FAR AS TREES, NO. >> OKAY. THANKS. >> CLIVE, CAN WE GO BACK TO THE COLORED MAP? I JUST HAVE A QUICK QUESTION MORE OUT OF CURIOSITY. THE UPPER- RIGHT CORNER, THE GRAY AREA, IS THAT RAIL PORT? >> I'M SORRY, COMMISSIONER. ARE YOU TALKING ABOUT THE BUILDING THAT WE'RE SEEING, THE WHITE, OR -- >> NO, I'M TALKING ABOUT THE GRAY AREA -- >> YES, THAT IS RAIL PORT. YES, SIR. >> OKAY. AND THAT IS IN THE CITY, RIGHT? >> YES. >> OKAY. >> YEAH. EVERYTHING -- I GUESS IT WOULD BE EAST OF V.V. JONES IS GOING TO BE WITHIN THE CITY. >> SO, THAT PLUS ALL THE GREEN IS IN THE CITY? >> YES. AND THE BLUE STRIPES TOO ON THAT. >> RIGHT, RIGHT. OKAY. >> YEAH. >> OKAY. ALL RIGHT. DOES ANYBODY ELSE HAVE ANY QUESTIONS OF THE APPLICANT? OKAY. [00:40:01] IF NOT, I DON'T HAVE ANYBODY SIGNED UP, SO I WOULD ENTERTAIN THE MOTION TO CLOSE THE PUBLIC HEARING. >> SECOND. >> WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING. PLEASE VOTE. OKAY. IT'S UNANIMOUS. THE FLOOR IS NOW OPEN FOR DISCUSSION OR ACTION. >> I GUESS ONE OF MY QUESTIONS THAT YOU HEARD IN THE DISCUSSION FOR US TO CONSIDER AS COMMISSIONERS IS IN THE EVENT THIS DIDN'T WORK OUT AS A DATA CENTER, LOOKING THROUGH WHAT IT COULD BE USED FOR IN THE FUTURE AND THE CONVERSATION ABOUT PARKING, SHOULD WE ASK FOR MORE PARKING? OR WOULD THAT BE SOMETHING -- >> I MEAN, IF YOU'RE ASKING ME, I THINK I CAN ANSWER THIS A CAN YOUAL COUPLE OF DIFFERENT WAYS. THIS IS GOING TO BE A PHASED- DOWN APPROACH. THEY'RE NOT GOING TO BUILD ALL THESE BUILDINGS AT ONCE. THEY'RE GOING TO KNOW IF THIS IS NOT GOING TO WORK OUT REAL QUICK. NUMBER TWO, I THINK THEIR MARKETING AND THEIR TRYING TO MOVE THIS PROPERTY IS GOING TO DICTATE WHAT KIND OF PARKING THEY NEED IN THE FUTURE. IF THEY CAN'T SELL THIS BECAUSE THEY DON'T HAVE PARKING FOR IT, THEY'RE GOING TO HAVE TO FIGURE OUT HOW TO PROVIDE PARKING FOR THIS. SO, I GUESS TO MAYBE BREAK THAT DOWN, YOU'RE NOT GOING TO FILL UP THIS ENTIRE PROPERTY WITH DATA CENTERS THEN REALIZE, OH, NO, IT'S NOT GOING TO WORK. SO, THAT'S KIND OF THAT PHASED APPROACH. AND I THINK THAT WILL GIVE THEM THE ABILITY TO MAYBE SOME BREATHING ROOM. AND HE'S COMING UP HERE TO CORRECT ME, SO -- >> NO CORRECTION NECESSARY, JUST ONE QUICK CLARIFICATION. THE PARKING IS LIMITED STRICTLY TO DATA CENTER USES. SO, WE WOULD HAVE TO COMPLY WITH THE CODE STANDARD FOR THAT PARKING. >> THAT'S CORRECT. IT'S JUST THAT PARKING ONLY APPLIES TO -- >> AND GOING TO THE SECOND PART ABOUT THE LAND USE AND ZONING, WE WERE ADAMANT -- BECAUSE THEY WANTED TO COME IN WITH A HEAVY INDUSTRIAL BASE ZONING AND WITH AN ALLOWABLE DATA CENTER USE. WE WERE ADAMANT THAT WE DID NOT WANT TO ALLOW THAT. WE WERE NOT GOING TO RECOMMEND APPROVAL FOR THAT FOR HEAVY INDUSTRIAL SITE FOR THAT BASE ZONING. IF IN THE EVENT THAT SOMETHING DID HAPPEN AND THIS USE DIDN'T COME TO FRUITION, IT WOULD ACQUIESCE BACK TO THE LIGHT INDUSTRIAL ZONING BASE DISTRICT. SO, THAT GIVES US SOME PROTECTION IN THERE. >> ALL RIGHT. ANY FURTHER DISCUSSION? I'D ENTERTAIN A MOTION. >> I MOVE TO APPROVE AS PRESENTED. >> SECOND. >> I HAVE A MOTION AND A SECOND TO APPROVE AS PRESENTED. ANY FURTHER DISCUSSION? ALL RIGHT. ALL VOTE. OKAY. [009 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a secondary dwelling unit relating to the use and development of Lots 4 and 5 of the Oaks of Shiloh, presently zoned Planned Development District No. 140 (PD140) and located at 3609 Cherrybark Lane. (SUP02-2025-030)] IT DOES PASS, SO LET'S MOVE TO 009, CONSIDERING ACT UPON -- SPECIFIC USE PERMIT FOR A SECONDARY DWELLING UNIT RELATING TO THE USE AND DEVELOPMENT OF LOTS 4 AND 5 OF THE OAKS OF SHILOH, PRESENTLY ZONED PLANNED DEVELOPMENT DISTRICT 140 AND LOCATED AT 3609 CHERRY BARK LANE. >> GOOD EVENING, COMMISSIONERS. I'M GOING TO DO IT FROM HERE AND HOPE FOR THE BEST. SO, THIS REQUEST IS FOR A SPECIFIC USE PERMIT TO ALLOW FOR ADDITIONAL ELECTRICAL METER TO SERVE AS A SECONDARY DWELLING UNIT. THE TOTAL SITE IS A LITTLE BIT OVER TWO ACRES WITH THE FUTURE -- AND THE CURRENT ZONING IS PD- 140, WHICH IS THE SHILOH PD. AS YOU CAN SEE, THE RED OUTLINE ON THE PROPERTY AND THEN IN THE BOTTOM RIGHT CORNER ARE THE SURROUNDING LANE USES AND THE FUTURE LANE USE CLASSIFICATION. SO, ALL THE SURROUNDING LAND USES HAVE A FUTURE LAND USE CLASSIFICATION OF -- MODULE. TO THE NORTH IS AGRICULTURAL. AND THEN SOUTH, EAST, AND WEST ARE ALL UNDER THE SAME PD, PD-140, AND IT'S ALL [00:45:06] UNDEVELOPED LAND. SO, THE PRIMARY DWELLING BASED ON THE SPACE IS ABOUT 4,0004,000 FEET, OF WHICH 75% IS ABOUT 3,000 SQUARE FEET. THE SECONDARY DWELLING TOTAL IS ABOUT 3,500 SQUARE FEET WITH -- SPACE BEING ABOUT 1,200 AND NON- AC SPACE BEING ABOUT 2,400 SQUARE FEET. AND THE ZONING ORDINANCE DOES ALLOW FOR IF THE PROPERTY IS OVER AN ACRE FOR IT TO BE 75% OF THE AIR CONDITION FLOOR AREA OF THE PRIMARY. SO, IT DOES COMPLY WITH THAT. THIS IS THE PLAT. IT IS JUST ONE PIECE OF PROPERTY. AND THEN THE PROPOSED SECONDARY DWELLING IS ON THERE WITH THE CURRENT PRIMARY. THESE ARE SOME VISUALS FOR THE BUILDING PLAN OF WHAT THE SECONDARY DWELLING WILL LOOK LIKE ON ALL SIDES. WE DID SEND 13 PROPERTY LETTERS WITHIN 200 FEET, AND WE HAVE NOT RECEIVED ANY CORRESPONDENCE. STAFF RECOMMENDS APPROVAL AS PRESENTED, AND THIS IS THE SIGNED PLAT FROM A COUPLE OF YEARS AGO, 2024. AND THE APPLICANT IS HERE. I'LL BE HERE TO ANSWER QUESTIONS. >> QUESTIONS OF STAFF? >> DOES THIS SUBDIVISION HAVE RULES AGAINST HAVING THESE EXTRA LARGE GARAGES? >> NO. NOT THAT I'M AWARE OF. >> I WAS READING THROUGH THIS EARLIER. CAN YOU TELL ME THE DIFFERENCE BETWEEN A TRANSFORMER AND A METER, AS IT'S OUTLINED IN THIS? . >> THE METER IS JUST WHERE IT CONNECTS, AND THE TRANSFORMER IS JUST PART OF THE MECHANISM FOR FUNCTIONING. SO, I'M JUST TRYING TO UNDERSTAND WHY HILL CO SAYS IT'S OKAY TO PUT IN A SECOND METER BUT THEY CAN DO -- I GUESS I'M JUST CONFUSED OF THE WHOLE TRANSFORMER VERSUS METER. DO THEY WANT THE SECOND MEET SENATOR DO THEY NOT WANT THE SECOND METER? >> THE REASON THAT WE HAVE THAT REQUIREMENT IS JUST BECAUSE WE WANT TO HAVE THE SECONDARY DWELLING UNIT AS SUBSIDIARY TO THE PRIMARY USE OF THE SITE AND NOT HAVE IT WHERE YOU COULD SUBDIVIDE IT. SO, THAT'S WHY WE HAVE THAT PROVISION. THAT'S MORE OUR PREFERENCE THAN HILL CO'S PREFERENCE. WE'RE OKAY WITH THIS. I MEAN, THEY'RE THE ONES THAT PUT THE LOTS TOGETHER. >> SO, READING THROUGH THETHE FROM HILL CO, IT SAYS THEY'RE PREPARED TO DO WHATEVER THEY NEED TO DO. >> YEAH. THEY'RE FINE EITHER WAY. THAT'S IN OUR CODE, THE SEPARATE METERS. >> SO, WHY WOULD WE GIVE AN EXCEPTION ON THIS ONE? WE HAVEN'T ON OTHERS. >> WELL, I MEAN, THE WAY THAT THE CODE IS WRITTEN, IT SAYS THAT IF YOU MEET THESE 11 CRITERIA, THAT YOU CAN HAVE IT APPROVED ADMINISTRATIVELY. AND IDEA WAS THAT, YOU KNOW, WE SAW THAT COLLECTIVELY AS KEEPING THE PRIMARY AND SECONDARIES TOGETHER AND NOT HAVING IT SEPARATED INTO TWO SEPARATE LOTS. BUT WE'VE MADE THIS EXCEPTION. I THINK WE'VE ALWAYS APPROVED THIS WHEN IT'S COME BEFORE US. AND WE DID BRING IT UP FOR DISCUSSION WHEN WE REVISED THE ORDINANCE A COUPLE OF YEARS AGO. I THINK AS AA WHOLE, IT APPEARS THAT THE INTENTION IS TO HAVE THIS AS A SECONDARY USE TO THE PRIMARY USE ON THE LOT. >> OKAY. AND THEN THE -- BUT THE SIZE OF IT, IT IS BIGGER THAN 75%, CORRECT? >> IT'S RIGHT AT 75%. >> ACTUALLY IT'S QUITE A BIT LESS BECAUSE THE WAY THE ORDINANCE READS IS BASED ON AIR CONDITION SPACE. BECAUSE THE GARAGE IS NOT CONSIDERED TO BE AIR CONDITIONED SPACE. THE ACTUAL LIVING AIR CONDITIONED SPACE IN THE SECONDARY DWELLING IS GOING TO BE I THINK WE SAID 1,300 SQUARE FEET. >> YEAH. IN THE HALLWAY, THERE'S A LITTLE HALLWAY GOING TOO, WHICH IS PRETTY LARGE. IT'S ALSO NOT AIR CONDITIONED. >> SO, IT'S ACTUALLY SUBSTANTIALLY LESS THAN 75% OF THE AIR CONDITIONED SPACE OF THE PRIMARY DWELLING. I WORKED RUNNING THAT CALCULATION MYSELF TO MAKE SURE WE DIDN'T HAVE TO HAVE AN EXCEPTION ON THE SQUARE FOOTAGE WHEN I WAS DRAFTING THE [00:50:02] ORDINANCE. HAD CONVERSATION WITH STAFF ABOUT THAT JUST TO MAKE SURE WE WERE -- YOU KNOW, WE DIDN'T HAVE TO HAVE AN EXCEPTION ON THE SQUARE FOOTAGE. SO, IT MEETS THE REQUIREMENTS. BECAUSE IT'S A TWO- ACRE LOT. AND THAT ACTUALLY IMPLIES IF IT'S OVER ONE ACRE, NOT JUST TWO ACRE. IT HAS TO BE A -- IF IT'S OVER ONE ACRE, THAT'S WHERE THE 75% KICKS IN. IF IT'S UNDER ONE ACRE, IT'S UNDER 50%. >> DID I READ SOMEWHERE THAT IT IS GOING TO BE CONDUCTED BY A BREEZEWAY? >> THAT'S CORRECT. >> DO WE HAVE A PICTURE OF THAT? >> IT'S -- IF YOU LOOK AT THE SECONDARY DWELLING, IF YOU SEE THE GARAGE, THAT LITTLE RECTANGLE, THAT'S THE BREEZEWAY FROM THE SECONDARY DWELLING INTO THE GARAGE. SO, IT'S NOT A BREEZEWAY CONNECTING THE TWO? >> OH, NO, MA'AM. >> OKAY. THAT WAS CONFUSING. OKAY. THANK YOU. >> OKAY. IS THE APPLICANT PRESENT, WISH TO SPEAK? DOES ANYBODY HAVE ANY QUESTIONSQUESTIONS OF APPLICANT? OKAY. I HAVE NO ONE SIGNED UP, SO I'D ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. >> MAKE A MOTION TO CLOSE THE PUBLIC HEARING. >> SECOND. >> WE HAVE A MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. PLEASE VOTE. >> OKAY. IT IS UNANIMOUS. OKAY. WE'LL MOVE TO ITEM 10 -- OH. DID I MISS ONE? OKAY. FLOOR SOAP IS OPEN FOR DISCUSSION. OR A MOTION. >> I WAS JUST GOING TO SAY -- MOST OF OUR NEIGHBORHOODS HAVE SOME SORT OF DEVELOPMENT REQUIREMENTS. DID THIS NEIGHBORHOOD NOT HAVE ANYTHING? >> ARE YOU TALKING ABOUT IN TERMS OF ELEVATIONS OR IN TERMS OF GARAGE SIZE OR -- >> ALL OF IT. >> THIS IS A PLANNED DEVELOPMENT, SO IT DOES HAVE STANDARDS IN TERMS OF MINIMUM GARAGE SIZE, 400 SQUARE FEET. AND THEN I THINK IT HAD ELEVATIONS APPROVED AS PART OF THE PD. >> I THINK WHAT COMMISSIONER IS ALSO ASKING IS ANY PRIVATE -- THIS, AND EVEN IF IT WERE, WE WOULD NOT BE ENFORCING IT HERE. THAT WOULD BE UP TO THE PROPERTY OWNER DEALING WITH THE HOA OR ANY OTHER ENFORCER TO DEAL WITH THAT. IF THIS HAPPENED TO BE CONTRARY, THAT'S SOMETHING THE PROPERTY OWNER WOULD HAVE TO DEAL WITH. BUT WE DON'T TYPICALLY ENFORCE THOSE. >> RIGHT. AS WE'RE GOING THROUGH AND PUTTING TOGETHER ZONING FOR SUBDIVISIONS AND WE SAY THIS HAS TO BE 2,000 SQUARE FEET OF LIVING SPACE, AND THEN THIS IS CLEARLY ON A LOT THAT COULD BE FUTURE÷÷ SOLD. SO, I GUESS WHAT I'M ASKING IS IF WE'VE ALREADY PUT SOMETHING IN THAT SAYS THIS SUBDIVISION IS SUPPOSED TO HAVE A MINIMUM SQUARE FOOTAGE AND WE'VE GOT THIS THAT WE'RE GIVING EXCEPTION TO, ARE WE CONTRADICTING OURSELVES? >> NO. I MEAN, IF THEY WERE TO TRY TO SEPARATE THE LOTS AGAIN, THEY WOULD STILL BE RESPONSIBLE TO MEET ANY CRITERIA IN THE ZONING ORDINANCE. BUT WE'RE NOT -- THAT'S NOT REALLY THE QUESTION BEFORE US TODAY. IT'S SPECIFIC TO THE SPECIFIC USE PERMIT AND THOSE CRITERIA. >> OKAY. IS THERE A MOTION? >> MOTION TO APPROVE AS PRESENTED. >> OKAY. WE HAVE A MOTION TO APPROVE. IS THERE A SECOND? >> SECOND. >> OKAY. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? PLEASE VOTE. [010 Conduct a public hearing and consider and act upon an ordinance amending the zoning regulations of Planned Development District No. 98 (PD-98) relating to the use and development of Lot 3, Block 1, Massey Heritage Addition, to allow a drive through restaurant with additional signage through Specific Use Permit approval. The property is generally located on the east side of Walnut Grove Road, north of FM 1387. (SUP04-2025-034)] OKAY. IT PASSES. NOW WE MOVE TO ITEM 10. -- RELATING TO THE USE AND DEVELOPMENT OF LOT 3 BLOCK 1 TO ALLOW A DRIVE THROUGH RESTAURANT WITH SPECIFIC SIGNAGE THROUGH A SPECIFIC USE PERMIT APPROVAL. THE PROPERTY IS LOCATED ON THE EAST SIDE OF WALNUT GROVE ROAD NORTH OF 1387. >> COMMISSIONERS, THIS IS REQUEST FOR -- THIS IS 1. 2 ACRES OF UNDEVELOPED LAND. [00:55:02] IT'S CURRENTLY UNDER CONSTRUCTION. IF YOU REMEMBER, THIS CASE CAME THROUGH LAST YEAR AS THE SHOPS AT MASSIE HERITAGE. WATER AND SEWER IS PROVIDED BY THE CITY OF MIDLOTHIAN. IT'S ON EAST SIDE OF WALNUT GROVE, 1387, AND MEETS NEIGHBORHOOD AND REGIONAL MODULES. CRITERIA, THE GOALS THAT IT MEETS ECONOMIC AND PHYSICAL HEALTH AND FUTURE LAND USE. IT EXPANDS RETAIL BASE, PROVIDES SERVICES, AND PROVIDES EMPLOYMENT FOR THE CITY'S RESIDENTS. SO, THE PROPERTY IS SURROUNDED BY PRETTY MUCH BY PD-98. AND THE PROPERTY ON THE WEST IS SHOWN AS LOCAL RETAIL MODULE. HOWEVER, IT IS ZONED SINGLE FAMILY 3, AND THE OWNER OF THE PROPERTY DOES INTEND TO DEVELOP IT COMMERCIALLY EVENTUALLY. THIS SHOWS THE SURROUNDING ZONES OF THE PROPERTY. WALNUT GROVE IS A 130- FOOT WIDE THOROUGH FAIR. IT IS EXISTING 120-FOOT IN WIDTH. THE USE FOR THIS SITE IN AN MCDONALD'S. THEY ARE WANTING TO HAVE SIGNAGE ON ALL FOUR SIDES OF THE BUILDING. THE PARKING WILL MEET THE REQUIREMENTS OF THE PARKING ORDINANCE, AND THE LANDSCAPE WILL BE IN COMPLIANCE AS WELL. SO, THIS SHOWS THAT THE LANDSCAPING, THE TREES, STREET TREES ALONG WALNUT GROVE AND THE PARKING LOT TREES AS WELL, AND THERE ARE SHRUBS SCREENING THE CARS FROM THE STREET. THIS IS THE ELEVATIONS. IT'S CONSISTENT WITH THE COLOR SCHEME FOR PD-98, PROVIDES HORIZONTAL AND VERTICAL ARTICULATION. THE SCREENING WILL MATCH THE PRIMARY BUILDING. IT'S ALL ONE STORY WITH 22 FEET OF HEIGHT. EIGHT LETTERS WERE SENT TO PROPERTY OWNERS WITHIN 200 FEET, AND TODAY STAFF HAVE NOT RECEIVED ANY CORRESPONDENCE. SO, STAFF RECOMMENDS APPROVAL OF THE SEP FOR THE DRIVE THROUGH RESTAURANT WITH SIGNAGE ON FOUR ELEVATIONS. ARE THERE ANY QUESTIONS OF STAFF? >> QUESTIONS OF STAFF? >> JUST FOR CLARIFICATION, THE PROPERTY TO THE WEST IS IDENTIFIED AS SINGLE FAMILY 3. CAN YOU IDENTIFY THAT ON THE MAP? >> YES. IT'S THE YELLOW COLOR THAT'S NORTH OF 1387 AND WEST OF WALNUT GROVE. >> ACROSS FROM THE HIGH SCHOOL? >> YES. >> -- COMMERCIAL RIGHT NOW. >> NO. THE PROPERTY OWNER HAS DRC MEETINGS AND TALKED ABOUT VARIOUS COMMERCIAL- TYPE USES THAT COULD GO THERE. >> MARY, DO WE KNOW HOW FAR NORTH OF 1387 THE ENTRANCE TO THIS IS? >> IT'S APPROXIMATELY 300 FEET TO THE NORTH. I'M LOOKING FOR DIMENSIONS ON THIS. I DON'T SEE THEM. THAT'S AN APPROXIMATION. >> ABOUT 300 FEET? >> CORRECT. >> OKAY. OTHER QUESTIONS OF STAFF? IF NOT, IS THE APPLICANT PRESENT AND WISH TO SPEAK? IF YOU WOULD, COME UP TO THE MIC ON THIS SIDE AND IDENTIFY -- >> ARE YOU SURE? >> YOU WANT TO TRY IT FROM HERE? WE JUST NEED TO MAKE SURE EVERYBODY -- >> OH, I SEE. OKAY. I'LL TRY NOT TO YELL. >> PLEASE IDENTIFY YOURSELF AND ADDRESS. >> MY NAME IS DANIELLE CARTER AND I'M WITH -- I'M A THIRD PARTY ENTITLEMENT CONSULTANT OF MCDONALD'S. I JUST WANTED TO INTRODUCE MYSELF TO THE COMMISSION AND SEE IF Y'ALL HAVE ANY QUESTIONS FOR US. >> OKAY. QUESTIONS OF THE APPLICANT? OKAY. IF NOT, I DO NOT HAVE ANYBODY SIGNED UP, SO I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. >> MOTION TO CLOSE THE PUBLIC HEARING. >> SECOND. >> WE HAVE A MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. PLEASE VOTE. IT'S UNANIMOUS. >> I HAVE A MOTION TO APPROVE AS PRESENTED. [01:00:02] >> SECOND. >> I HAVE A MOTION TO APPROVE ADD PRESENTED. ANY DISCUSSION? NOW PLEASE VOTE. IT IS 7- 0, PASSES. THAT'S EVERYTHING ON THE REGULAR AGENDA. COMMISSIONERS, ANYBODY HAVE ANYTHING? IF NOT, STAFF, DO YOU HAVE ANYTHING ELSE? >> NO, SIR. >> I'D ENTERTAIN A MOTION TO ADJOURN. >> MAKE A MOTION TO ADJOURN. >> I'LL SECOND THAT. ALL IN FAVOR, AYE. >> AYE. * This transcript was compiled from uncorrected Closed Captioning.