[005 Consider and act upon a detailed site plan for a 7.632+ acre portion of Planned Development District No. 179 (PD-179) for a Place of Worship. The property is generally located at the southwest corner of US Highway 287/US Highway 67 Loop, and West US Highway 287. (Z08-2026-014)]

REGULAR AGENDA ITEM 005. CONSIDER AN ACT UPON A DETAILED SITE PLAN FOR. 7.632 PLUS OR MINUS ACRE PORTION OF PLANNED DEVELOPMENT. DISTRICT NUMBER 179 FOR A PLACE OF WORSHIP. THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF U.S. HIGHWAY TWO, 87, U.S. HIGHWAY 67 LOOP, AND WEST U.S. HIGHWAY 287. HI, GOOD EVENING, MR. CHAIR. MARIAN SPENCER, ASSISTANT DIRECTOR OF THE PLANNING DEPARTMENT. THE NEXT ITEM IS A DETAILED SITE PLAN FOR A PLACE OF WORSHIP AT. THE PROPERTY IS LOCATED SOUTH OF WEST MAIN STREET, WEST OF U.S.

HIGHWAY 67 AND NORTH EAST OF U.S. HIGHWAY 287. THE PROPERTY IS ZONED PLANNED DEVELOPMENT DISTRICT 179, AND THE CURRENT LAND USE IS UNDEVELOPED AND SOME. THE ZONING HISTORY ON THE PROPERTY. IT WAS ANNEXED IN 1984 AND REZONED FROM PD OH FOUR TO LIGHT INDUSTRIAL AND REZONED AGAIN IN 2025. AND THEY HAD A PD AMENDMENT JUST RECENTLY TO AMEND AND UPDATE THE DESIGN STANDARDS AND REVISE THE CONCEPT PLAN. THIS ITEM WAS ALSO. THE SITE PLAN CASE WAS HEARD AT THE AUGUST PLANNING AND ZONING COMMISSION MEETING AND IT WAS TABLED. AND SO IF YOU RECALL, THIS IS A REQUEST FOR A 41,105 SQUARE FOOT PLACE OF WORSHIP. THEY'RE ASKING FOR

[00:05:04]

A PARKING VARIANCE TO ALLOW 394 PARKING SPACES, JUST SOME OF THE SITE. THE DETAILS IS THAT THEY'RE INCORPORATING THE OLD TOWN ARCHITECTURAL FEATURES, EVEN THOUGH THEY ARE EXEMPT, BECAUSE THE THE CHURCH SITE IS 20,000FT■S OR MORE, AND THEIR SITE PLAN AND LANDSCAPE PLAN DOES COMPLY WITH THE PD. 179 REQUIREMENTS. AND SO FOR THEIR VARIANCE, THEY'RE REQUIRED TO HAVE 180 PARKING SPACES BECAUSE THEY HAVE 752 FIXED SEATS. AND OUR PARKING MAXIMUM IS 25% ABOVE THE 188, WHICH WOULD BE 235 SPACES. AND SO FOR THEIR REQUEST, THEY'RE REQUESTING 394 SPACES. AND SO THEY'RE PROPOSING 116 NINE BY 18, WHICH ARE CONSIDERED COMPACT SPACES, WHICH IS WITHIN THE 30% REQUIREMENT AND 278 TEN BY 18. THEY DON'T HAVE A SCHOOL OR DAYCARE AT THIS SITE, AND THE PRIMARY WOULD PRIMARILY BE USED WEDNESDAY THROUGH SUNDAY. AND WE DID SOME RESEARCH OF CHURCHES THAT ARE 30,000FT■S OR LARGER AROUND MIDLOTHIAN, AND WE LOOKED AT THEIR ON SITE PARKING AND LOOKED AT THEIR THEIR ASSEMBLY ROOMS. WE GOT THEIR OCCUPANCIES FROM THE FIRE MARSHAL TO CONFIRM THAT AND WHETHER IT WAS FIXED OR NOT, AND FIXED SEATING. AND SO THEIR MAXIMUM PARKING THAT THEY'RE REQUIRED TO HAVE IS PROVIDED HERE. AND AS YOU CAN SEE, ALL OF THEM ARE MORE THAN THE MAXIMUM THAT THEY'RE ALLOWED TO HAVE. AND SO THESE ARE THE ELEVATIONS OF THE PROPOSED PLACE OF WORSHIP AND IS A MAXIMUM AT THE HIGHEST POINT. IT'S 40FT IN HEIGHT. IT DOES INCLUDE CORNICES THAT EXTEND SIX SIX INCHES BEYOND THE EXTERIOR WALL SURFACES. THEY DO HAVE FREESTANDING CANOPIES ON ALL SIDES OF THE BUILDING. THEIR ROOFTOP EQUIPMENT IS SCREENED, AND IT DOES GIVE THE APPEARANCE OF MULTIPLE BUILDINGS WITHIN A SINGULAR STRUCTURE WITH VARIED HEIGHT PLANES. AND AS YOU CAN SEE FROM THE POWERPOINT, THE BUILDING HAS THE SAME ARCHITECTURE ARCHITECTURAL FEATURES ON ALL FOUR SIDES OF THE BUILDING, AND IT DOES MEET OUR HORIZONTAL AND VERTICAL ARTICULATION REQUIREMENTS. AND SO STAFF DOES RECOMMEND APPROVAL OF THE DETAILED SITE PLAN, ELEVATION AND LANDSCAPE PLAN FOR THE PLACE OF WORSHIP. AND WE DO RECOMMEND APPROVAL OF THE THE PARKING VARIANCE AS WELL. THAT CONCLUDES MY PRESENTATION. IF YOU HAVE ANY QUESTIONS FOR ME. MY PROBLEM WITH THIS HAS ALWAYS BEEN THE PARKING. CAN YOU GO BACK TO YOUR CHART? SURE. I DON'T THINK THAT'S VALID. FIRST OF ALL, I GO TO FIRST BAPTIST CHURCH. THEY'VE GOT 600 SEATS IN THE SANCTUARY, 200 IN THE CHAPEL AND 400 IN THE STUDENT CENTER. SO THAT'S NEEDS TO BE MULTIPLIED BY LIKE SIX. OKAY. CREEKSIDE, YOU SAY, IS 200 PEOPLE WITH 3800FT■S, AND YOU HAD 400FT■S TO MIDLOTHIAN BIBLE CHURCH, AND YOU CAN GET 400 MORE PEOPLE IN THERE. THAT WHOLE THING JUST DOESN'T MAKE SENSE TO ME. YES. SO THIS WHEN WE LOOKED AT THE SEATS THAT WAS BASED OFF OF WHAT WE HAD, THE INFORMATION WE HAD FROM THE FIRE MARSHAL ON THE SEATING THAT WAS IN THE IN THE RECTORY ROOMS, BECAUSE WE WE ASKED SPECIFICALLY FOR THAT. ALL RIGHT. I DON'T THINK THAT'S ACCURATE. OTHER QUESTIONS OF STAFF. APPLICANT WISH TO SPEAK. YES, SIR. COME FORWARD PLEASE. DID YOU STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? PLEASE. BRETTE HARRINGTON. I LEAD REAL ESTATE FOR LIFE CHURCH OUT OF OKLAHOMA CITY, 4600 EAST SECOND STREET. IT'S A PLEASURE TO BE BACK WITH YOU ALL THIS EVENING. MR. CHAIRMAN. COMMISSIONERS, THANK YOU FOR THE OPPORTUNITY TO SHARE AGAIN. WE'VE BEEN HERE A COUPLE OF TIMES, AND WHAT REMAINS TRUE IS THAT WE ARE VERY EXCITED TO BE A PART OF YOUR COMMUNITY IN EVERY RESPECT. WE'RE EXCITED TO BE A PART OF THIS DEVELOPMENT IN SPECIFIC, AND WE HAVE WORKED WITH THE PLANNING STAFF, ANDREW MARION, TO COME UP WITH A BUILDING AND A SITE LAYOUT THAT MEETS ALL THE REQUIREMENTS, INCLUDING THE ARCHITECTURAL OLD TOWN STYLE, WHICH WE DIDN'T HAVE TO ADHERE TO, BUT WE WERE EXCITED TO BE A PART OF THE VISION THAT YOU GUYS WERE CASTING TO STAY TRUE TO THE MIDLOTHIAN ROOTS. WHEN IT COMES TO THE PARKING VARIANCE, THERE'S SEVERAL DIFFERENT LAYERS TO LOOK AT IT FROM. THE FIRST IS THE PARKING STUDY THAT WE DID BACK IN FEBRUARY OF THIS YEAR, AT THE REQUEST OF STAFF, WHERE WE DID ANALYZE TWO LOCAL CHURCHES AND DETERMINED THAT THE PARKING DEMAND WAS ACCURATE. IN ADDITION, IF YOU LOOK AT THE I T DATA, IT SAYS THAT WE SHOULD HAVE 488 SPOTS BASED OFF THE OCCUPANCY OF OUR BUILDING. SO WE FEEL LIKE WHAT WE'RE ASKING

[00:10:03]

FOR IS REASONABLE. BUT BEYOND THAT, WE ARE A CHURCH THAT'S BEEN IN EXISTENCE FOR 30 YEARS.

AND SO WE HAVE THAT MUCH DATA, OVER 46 LOCATIONS IN 12 STATES THAT SHOWS WHAT OUR OPERATIONAL NEEDS ARE FOR PARKING. AND SO OUR REQUEST FOR THIS VARIANCE IS REALLY A PROACTIVE ATTEMPT TO AVOID WHAT OFTEN HAPPENS WHERE THERE'S AN UNDER PARKED CONDITION AND PEOPLE PARK WHERE THEY'RE NOT SUPPOSED TO, AND ADJACENT BUSINESSES, FIRE LANES ON THE TURF. ALL OF THOSE ARE CONDITIONS WE WANT TO AVOID. SO WHAT WE'RE REQUESTING IS ACTUALLY IN EXACT ADHERENCE WITH THE PD CONCEPT THAT SHOWS OUR CHURCH BUILDING ON THE SITE WITH THIS NUMBER OF PARKING SPOTS THAT'S BEING REQUESTED. WE APPRECIATE YOUR CONSIDERATION AND FAVOR ON THIS MATTER. I'M HAPPY TO TAKE ANY QUESTIONS. AND I'VE GOT CARLOS FROM KIMLEY-HORN AS WELL.

QUESTIONS FOR THE APPLICANT. THANK YOU SIR. ADDITIONAL QUESTIONS OF STAFF. I HEAR A MOTION. IT'S NOT A PUBLIC. I WOULD MAKE A MOTION TO APPROVE CONSIDERING THAT THIS IS CONSISTENT. COMPATIBLE WITH OUR PLAN WITH THE VARIANCE FOR THE PARKING OF 394 SPACES. I WILL SECOND THAT MOTION. HAVE A MOTION TO APPROVE BY VICE CHAIR MCDONALD AND A SECOND BY CHAIRMAN ALTMAN OR COMMISSIONER ALTMAN. EXCUSE ME. I KNOW. YEAH, IT'S BEEN A LONG DAY. PLEASE VOTE. PASSES 5 TO 1. WE'LL MOVE ON TO ITEM NUMBER SIX. CONSIDER AN ACT UPON A PRELIMINARY PLAT

[006 Consider and act upon a Preliminary Plat for Midlothian Retail Park Addition, being Lot 2, Midlothian Heritage High School and a 1.41-acre portion of vacated right-of-way of FM 1387. The property is generally located at the northwest corner of the intersection of North Walnut Grove Road and FM 1387. (PP07-2026-079)]

FOR MIDLOTHIAN RETAIL PARK. ADDITION BEING LOT TWO, MIDLOTHIAN HERITAGE HIGH SCHOOL AND A 1.41 ACRE PORTION OF VACATED RIGHT OF WAY OF FM 1387. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH WALNUT GROVE ROAD AND FM 1387.

THANK YOU CHAIR AND COMMISSION. DANIEL HUMBERT, SENIOR PLANNER, TO PRESENT. THIS IS A PRELIMINARY PLAT THAT IS IN ACCORDANCE WITH THE PD THAT WAS APPROVED EARLIER THIS YEAR IN MARCH AND IS IN ACCORDANCE WITH THE PD PHASING PLAN. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA DUE TO THE FOLLOWING COMMENTS NOT BEING ADDRESSED, WHICH INCLUDE RIGHT OF WAY RESERVATION ALONG THE FM FRONTAGE PROVIDING A SEPARATE WATERLINE EASEMENT. AND PROVIDING A PLAN FOR A SARDIS LONE ELM EXISTING WATERLINE EASEMENT. STAFF RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS. THANK YOU. I'M OPEN TO QUESTIONS AND THE APPLICANT IS HERE AS WELL. QUESTION TO STAFF. YES, I KNOW WE'VE HAD THIS IN FRONT OF US AT LEAST ONCE BEFORE, IF NOT TWICE, WITH QUESTIONS ABOUT THE NATURE OF THE BUILDINGS THAT WE'RE GOING TO BE CONSTRUCTED AND SORT OF THEIR THEY DIDN'T REALLY MATCH WITH THE CHARACTER OF THE NEIGHBORHOOD. ARE WE GOING TO HAVE A CHANCE TO REVIEW THE BUILDINGS, OR IS THIS GOING TO BE SOMETHING THAT'S BUILT AS A MATTER OF RIGHT, ONCE THIS PLAT IS APPROVED? IT'S GOING TO DEPEND ON THE USE. THE BUILDING FOOTPRINTS WILL BE PERMITTED, BUT WITH THE. DEPENDING ON IF IT'S APPROVED, THE FOLLOWING ITEM WILL REQUIRE AN SCP. SO IT REALLY JUST DEPENDS ON THE USE.

BUT IF IT DOES FIT THE BUILDING FOOTPRINT, THEN YES, ONCE THIS IS A FINAL OR FINAL PLATTED. SO WE WILL BE APPROVING. WE'LL HAVE A SPECIAL USE PERMIT WHERE WE'LL BE ABLE TO LOOK AT THE BUILDING AND WHAT'S BEING PROPOSED TO BE BUILT THERE. IS THAT CORRECT OR ARE THERE ARE CIRCUMSTANCES WHERE WE WON'T HAVE THAT OPTION? THERE WILL BE CIRCUMSTANCES. WHERE. JUST DON'T WANT IT TO BE RIGHT BEFORE THEY CAN COME. YES. SO THE PLAT IS JUST THE ESTABLISHING THE LOT LAYOUT FOR THE DEVELOPMENT. BUT AS FAR AS THE BUILDINGS, THE ELEVATIONS, ALL OF THAT WAS APPROVED AS A PART OF THE ORIGINAL PD. SO IT'S ALREADY BEEN APPROVED BY CITY. YES. OKAY. THAT'S WHAT I WAS I WAS ASKING BECAUSE I KNOW WE HAD I THINK WE HAD PART OF US REJECTED IT OR SOME OF US REJECTED IT. YES. AND THEN CITY STAFF. OKAY. SO THAT'S DONE.

OKAY. UNDERSTOOD. AND JUST READING THROUGH IT SAYS THAT THE APPLICANT'S REQUEST IS FOR DAYCARE AND TWO RETAIL MULTI-TENANT BUILDINGS. CAN YOU JUST REMIND US, WERE THERE DRIVE THROUGH RESTAURANTS THAT WERE APPROVED WITH THE PRELIMINARY PLAT? NO. OKAY.

[00:15:04]

OKAY. SO WHAT WE'RE LOOKING AT FOR PLOTS, I BELIEVE ONE THROUGH FIVE, ONE THROUGH FOUR, FIVE. THE ONE CORNER LOT IS NOT LABELED. SO I'M NOT SURE IF THAT'S PART. IS THAT ALL PART OF LOT FOUR OR IS THAT PART OF THAT BUSYNESS THAT WE DON'T REALLY KNOW? ARE YOU SAYING THE SOUTHEAST? YEAH. SO INSIDE LOT FOUR ON THE NORTH, THE NORTHERNMOST CORNER THERE, NORTHEAST CORNER, I SHOULD SAY. IS THAT A SEPARATE LOT OR IS THAT PART OF LOT FOUR? IT'S ALL PART OF LOT FOUR. OKAY. BUT IF YOU RECALL, LOT FOUR HAS TO COME BACK THROUGH FOR SITE PLAN REVIEW BECAUSE THE SITE PLAN THAT WAS APPROVED ONLY APPROVED THE DETAILS FOR LOTS ONE, TWO AND THREE. OKAY. THAT'S CLARIFICATION. THANK YOU. OTHER QUESTIONS OF STAFF. ONE OF THE ISSUES THAT I HAD BROUGHT UP PREVIOUSLY WAS THE DRAINAGE IN THE AREA. HAS THAT BEEN REVIEWED? I KNOW THAT THEY'RE LOOKING AT PUTTING A DETENTION POND IN THE IN THE BACK AREA TOWARDS THE HOUSES. HAS THAT BEEN REVIEWED? HAS THAT. IS THAT GOING TO BE ACCEPTABLE FOR OUR NEW 100 YEAR FLOOD CALCULATIONS? SO THE LAYOUT WAS APPROVED. I DO KNOW ENGINEERING DID HAVE ISSUES WITH IT. AS FAR AS HOW FAR THEY ARE INTO REVIEWING THAT. I WOULD HAVE TO GET BACK TO YOU ON THAT. IS THE APPLICANT HERE WISH TO SPEAK? ANY OTHER QUESTIONS OF STAFF? SO WE IF WE APPROVE THIS WITH CONDITIONS. ESPECIALLY NUMBER THREE WITH THE DECISION, THE STAFF MAKE THAT DECISION WHETHER OR NOT THEY'VE MADE THEIR PRELIMINARY PLAT EASY ENOUGH TO READ TO MAKE THAT DECISION. THAT IS CORRECT. SO ONE REQUIREMENT THAT YOU CAN FIND IN THE PRELIMINARY, AS WELL AS THE FINAL PLAT SECTION OF THE CODE, IS BOLDED LINES.

BUT YOU ALSO WANT TO BE ABLE TO SEE THEM LIKE HERE. LIKE HER QUESTION EARLIER, FOR EXAMPLE, IT'S KIND OF HARD TO DISTINGUISH ALL FOUR LOTS. SO THAT'S WHY YOU'RE GOING TO SEE NUMBER THREE. THAT ANSWERS YOUR QUESTION. AND DID THEY NOT. WHY IS THERE DID THEY NOT AGREE TO DO A RIGHT OF WAY RESERVATION ALONG THE ROAD? OR WAS THERE SOME PUSHBACK ON THAT? THERE WAS IT JUST WASN'T DEPICTED ON THE PLAT. BUT THEY HAVE AGREED THEY'RE GOING TO DO THAT. IF WE IMPOSE THOSE CONDITIONS, THEY WILL BRING IT BACK RIGHT AWAY. YES. YEAH. IF IT IS APPROVED WITH CONDITIONS. THAT'S CORRECT. I'VE GOT ONE MORE. GO AHEAD. SORRY. WITH THE TRAFFIC IN THAT AREA AND THE LOCATION BETWEEN THE HIGH SCHOOL AND THE CURRENT RESIDENCE THAT WE HAVE THERE, DO THEY HAVE A SPECIFIC PLAN AS FAR AS KEEPING THE SITE PROTECTED SAFE WHEN THEY DO CONSTRUCT THIS, IS THAT SOMETHING THAT WE CAN PUT IN TO SAY THAT THEY NEED TO GO ABOVE AND BEYOND, ESPECIALLY WITH SCHOOL IN RIGHT NOW? I CAN SAY THAT WHENEVER WE WERE WORKING ON THE PD, THE APPLICANT DID WORK WITH US TO AGREE TO ADD SIDEWALKS AROUND THE PERIMETER, AS WELL AS THE PHASE FOUR. IF YOU WERE HERE OR LOT FOUR, EXCUSE ME, PHASE THREE. THERE ACTUALLY WERE ORIGINALLY TWO HOURS, AS WELL AS AN ADDITIONAL MULTI-TENANT RETAIL CENTER, WHICH IS WHY THEY DID AGREE TO JUST KEEP PHASE THREE BLANK UNTIL THE FIRST TWO PHASES WERE APPROVED. DID THEY PLAN ON PUTTING IN THE SIDEWALKS AROUND THE SITE BEFORE THEY ACTUALLY DO MAJOR CONSTRUCTION? SAY THAT ONE MORE TIME, OR DO THEY PLAN ON PUTTING IN THE SIDEWALKS FOR SAFETY BEFORE THEIR CONSTRUCTION STARTS? THAT IS CORRECT, YES. I'M SORRY. I JUST HAVE ONE OTHER QUESTION. LOOKING AT THE PRELIMINARY PLAT BETWEEN LOTS TWO AND FOUR, IT DOESN'T SHOW THE CURB CUTS. SHOULD THAT BE ON THERE? THEY'RE SHOWING THE ACCESS EASEMENTS ON THE PLAT THAT BASICALLY YOU CAN SEE THE ACCESS EASEMENT. IT WRAPS AROUND THE FRONTAGE OF THE PROPERTY FROM WESTMINSTER DRIVE ON LOT ONE THROUGH LOT TWO OVER TO LOT FOUR. AND THEN ON THE BACKSIDE OF THE PROPERTY, IT EXTENDS FROM WALNUT GROVE ALONGSIDE LOTS FOUR AND THREE, ALONGSIDE LOTS TWO AND THREE, ALONGSIDE LOTS ONE AND THREE TWO, 1387. SO THERE THERE IS A CURB CUT ON 1387 BETWEEN LOTS TWO AND FOUR, AND THEN THERE'S

[00:20:06]

A CURB CUT ON 1387 ON LOT ONE. AND THEN THERE'S A CURB CUT ON WALNUT GROVE ON LOT FOUR. AND THEN THAT MUTUAL ACCESS EASEMENT SERVES ALL OF THE LOTS IN BETWEEN. RIGHT? SO I GUESS THAT'S MY QUESTION IS, WHAT WE'RE LOOKING AT RIGHT NOW DOESN'T SHOW THE CURB CUT ON 1387 BETWEEN LOTS TWO AND FOUR. IT JUST SHOWS THE SEPARATION. YEAH IT DOES. THAT'S IT'S SHOWN.

IT'S IT'S THE THE FIRE LINE ACCESS AND UTILITY EASEMENT BETWEEN THAT GOES BETWEEN LOTS TWO AND FOUR AND THEN UP TO LOT THREE. OKAY. THAT'S THE NEXT THING. WE'RE ON THIS RIGHT NOW.

OKAY. OKAY. ANY OTHER QUESTIONS? I HATE TO BUG YOU ONE MORE TIME ABOUT THIS, DANIEL, BUT THIS, THIS PROJECT, IT JUST IT SEEMED FRUSTRATINGLY, YOU KNOW, WE'RE JUST DOWN THE STREET FROM THE WALMART. WE GOT A LOT OF PEOPLE ABOUT THAT. BUT THIS PROJECT HAS SEEMINGLY BEEN THEY DON'T WANT TO COOPERATE WITH STAFF, IS WHAT I'VE GOTTEN THE IMPRESSION OVER TIME. MAYBE YOU DON'T SAY THAT, BUT ARE WE GOING TO BE ARE WE GOING TO BE ABLE TO FORCE THESE PEOPLE TO MAKE A GOOD ADDITION TO THIS NEIGHBORHOOD HERE? BECAUSE WE'VE GOT HERITAGE ON ONE SIDE, WE'VE GOT HEB, WHICH HAS DONE A GREAT DEAL TO MAKE A NICE THING. ARE THESE PEOPLE COMMITTED TO MAKING THIS A NICE PROJECT THAT ADDS TO THE COMMUNITY? I WOULD HAVE TO DEFER TO THE APPLICANT ON THAT. OKAY. AND THEY'RE NOT HERE TO SPEAK. AND I WANTED TO REMIND THE COMMISSION THAT THERE'S GOING TO BE A ZONING ITEM WHERE THEY'RE SEEKING TO AMEND THE PD FOR THIS DEVELOPMENT. THAT'S JUST AFTER THIS ITEM. SO THIS THIS ITEM IS JUST FOR THE PRELIMINARY PLAT, FOR THE LAYOUT OF THE DEVELOPMENT. JUST MAKING SURE THAT IT'S CONSISTENT WITH THE CURRENT ZONING. AND THEN THEY'RE ALSO SEEKING SOME AMENDMENTS TO THE PD WHERE WE'LL HAVE THE OPPORTUNITY TO ADDRESS SOME OF THOSE OTHER THINGS RELATED TO LAND USE AND THAT SORT OF THING. THANK YOU FOR THAT CLARIFICATION. I'LL HOLD QUESTIONS UNTIL THE APPLICANT ON THE NEXT ITEM. ALL RIGHT. I HEAR A MOTION. I'LL MAKE A MOTION TO APPROVE THE PLAT WITH THE CONDITIONS RECOMMENDED BY STAFF ONE THROUGH FOUR. AND I OFFER A FRIENDLY. WOULD YOU COULD WE ALSO REQUIRE THEM TO PUT IN THE SIDEWALK ALL THE WAY AROUND BEFORE MAJOR BEFORE MAJOR CONSTRUCTION BEGINS? COULD WE HAVE THAT? YES, I WOULD AGREE TO THAT. FRIENDLY. NO, NO, NO, I MEAN, BECAUSE IT ALREADY MEETS THE STANDARDS THAT WOULD REQUIRE AN ORDINANCE AMENDMENT TO TO DO THAT. BASICALLY, THE SIDEWALKS WILL BE BUILT AS THEY'RE REQUIRED UNDER OUR UNDER STANDARD PROVISIONS AS WE GO THROUGH THE THE PLANNING PROCESS AND BETWEEN NOW AND FINAL PLAT. SO IT'LL HAVE TO BE DONE AT THAT POINT. IT'S HANDLED BY ORDINANCE. ANYWAY. WE HAVE A MOTION TO APPROVE BY COMMISSIONER ALTMAN. DO I HAVE A SECOND? I WILL SECOND MR. ALTMAN'S. RECOMMENDATION. YES. VICE CHAIR MCDONALD SECONDS.

PLEASE VOTE. PASSES FIVE ONE. ALRIGHT. WE MOVE ON TO THE PUBLIC HEARINGS, CONDUCT A PUBLIC ITEM NUMBER SEVEN, CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT OF. THAT WAS

[007 Conduct a public hearing and consider and act upon an ordinance amending the development and use regulations of Planned Development District No. 165 (PD-165) for Lot 2, Midlothian Heritage High School, and a 1.41-acre portion of vacated right-of-way of FM 1387. The property is generally located at the northwest corner of the intersection of North Walnut Grove Road and FM 1387. (Z22-2026-070)]

SIX. OKAY, BACK TO THIS ITEM NUMBER SEVEN, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE DEVELOPMENT AND USE REGULATION OF PLAN DEVELOPMENT DISTRICT NUMBER 165 FOR LOT TWO, MIDLOTHIAN HIGH SCHOOL AND A 11.41 ACRE PORTION OF A VACATED RIGHT OF WAY OF FM 1387. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH WALNUT GROVE ROAD AND FM 1387. CHAIR AND COMMISSION. THIS IS A REQUEST FOR THE PREVIOUS ITEM THAT JUST WENT UP. 7.48 ACRE UNDEVELOPED LOTS DESIGNATED AS NEIGHBORHOOD LOCAL RETAIL ON THE FUTURE LAND USE MAP ZONED PD 165 FOR COMMUNITY RETAIL USES. PROPERTY WAS ANNEXED IN 1987 AND REZONED TO PD 165 FOR COMMUNITY RETAIL USES. IN MARCH OF THIS YEAR. THE AMENDMENT REQUEST WILL ALLOW PET SHOP OR FEED STORE AND VETERINARY SLASH SMALL ANIMAL CLINIC WITH NO OUTSIDE PENS. THOSE USES WITH APPROVAL OF A SPECIFIC USE PERMIT AND BUILDING B, WHICH I WILL SHOW IN A FUTURE SLIDE WHICH IS ALONG FM 1387. THE LOT BUILDING IS ALSO 200FT AWAY FROM ANY LOTS. THE APPLICANT DID WORK WITH STAFF TO PROHIBIT

[00:25:06]

ANIMAL BREEDING, OVERNIGHT BOARDING OF ANIMALS AND OUTDOOR ANIMAL PENS OR KENNELS DUE TO THE POTENTIAL FOR NOISE AND OR SMELLS RELATED TO ANIMAL LAND USES. THE REQUEST IS PARTIALLY CONSISTENT WITH THE NEIGHBORHOOD LOCAL RETAIL FUTURE LAND USE BECAUSE IT EXPANDS NEIGHBORHOOD SERVICE OPPORTUNITIES. BUT THE POTENTIAL IMPACTS OF THESE USES MAKE LOCATION SPECIFIC REVIEW IMPORTANT. IT IS CONSISTENT WITH LAND USE GOAL THREE BY MAINTAINING COMMERCIAL SERVICES NEAR SURROUNDING RESIDENTIAL DEVELOPMENT WHILE RETAINING SUP REVIEW. IT IS ALSO CONSISTENT WITH THE EXCUSE ME, ECONOMIC AND FISCAL RESILIENCY GOAL BY PROVIDING GREATER FLEXIBILITY FOR THE TYPES OF COMMERCIAL BUSINESSES THAT CAN OCCUPY THE DEVELOPMENT. THIS SLIDE IS JUST TO SHOW YOU THE LOCATION WHERE THE PROPOSED USES WOULD BE PERMITTED IN BUILDING B. 19 NOTICES WERE MAILED OUT TO ALL PROPERTY OWNERS WITHIN 200FT OF THE PROPERTY. ON AUGUST 28TH, A SIGN WAS PLACED ON THE PROPERTY AND STAFF HAS RECEIVED NO CORRESPONDENCE REGARDING THIS REQUEST. STAFF RECOMMENDS APPROVAL OF THE AMENDMENT DUE TO THE REQUEST BEING PARTIALLY CONSISTENT WITH THE FUTURE LAND USE MAP BEING CONSISTENT WITH THE COMPREHENSIVE PLAN, GOALS AND POLICIES AND THE SPECIFIC USE PERMIT REQUIREMENTS REQUIRES ADDITIONAL REVIEW BEFORE EITHER USE CAN BE ESTABLISHED. THINKING ABOUT PUTTING QUESTIONS AND THE APPLICANT IS HERE AS WELL. NEXT QUESTION TO STAFF. HAS THERE BEEN A TIA DONE ON THIS AREA? IT IT IT HAS BEEN DONE. I'M TRYING TO THINK WELL I BRING IT UP JUST BECAUSE THERE'S WE HAVE SUCH LIGHT TRAFFIC UP THERE RIGHT NOW. I MEAN, WE WANT TO MAKE SURE THAT WE'RE OKAY. YEAH. OKAY. I'M GOING TO ASK I'M LOOKING THROUGH THE INTENDED USE AND ORDINANCE. AND IT DOES SAY THAT IT IS PARTIALLY CONSISTENT AND WITH THE FUTURE LAND USE MAP AND CONSISTENT WITH THE COMPREHENSIVE PLAN, THEY ARE WANTING A FEED STORE, A PET SHOP, AND WITH NO OUTSIDE PENS. IN THE ORDINANCE ITSELF, IT SAYS THAT THERE WILL NOT BE AN ANIMAL SHELTER. OFTEN PET STORES WILL HAVE ANIMALS UP FOR ADOPTION. SO ARE WE RESTRICTING THEM FROM HAVING ADOPT ON SITE ADOPTIONS? BECAUSE OFTEN THOSE ANIMALS ARE KEPT OVERNIGHT INSIDE OF THE INSIDE OF THE PET STORE. SO HOW ARE HOW ARE WE NOT ALLOWING A PET STORE TO NOT HAVE FISH, BIRDS, CATS, THINGS THAT ARE KEPT INSIDE. IT WILL JUST BE PROHIBITED BY THE ORDINANCE. AS FAR AS THAT BEING ENFORCED, I BELIEVE THAT WOULD BE CODE ENFORCEMENT. BUT THE THE REASON WE DID INCLUDE THAT CONDITION, IT WAS THE ONLY ONE THAT WE DID PUT IN THE PROHIBITED TO REPLACE THE TWO ANIMAL RELATED USES WAS BECAUSE IT WAS KIND OF AN ALL INCLUSIVE TOWARDS REALLY ANYTHING OVERNIGHT. THAT MAKES SENSE. SO AS A VETERINARY CLINIC, IF I TOOK MY ANIMAL IN AT 4:00 AND THEY NEEDED TO KEEP MY ANIMAL FOR OVERNIGHT OBSERVATION, QUARANTINE, WHATEVER IT MAY BE, THEY WOULD NOT BE ABLE TO KEEP THAT ANIMAL AT THAT SITE. THEY WOULD HAVE TO TAKE THEM ELSEWHERE. THAT IS CORRECT. YES. I THINK AS PART OF THE SCP PROCESS, WHEN EACH OF THESE USES COME IN, WE CAN EVALUATE EACH OF THESE USES ON A CASE BY CASE BASIS AND ESTABLISH CONDITIONS TO ADDRESS SOME OF THESE CONCERNS AND BE A LITTLE BIT MORE SPECIFIC. AS FAR AS YOU KNOW, IF THEY'RE ALLOWED TO HAVE OVERNIGHT STAY FOR MEDICAL, BUT NOT, YOU KNOW, GENERAL KENNELING AND THINGS LIKE THAT. SO I THINK THE SCP PROCESS PROVIDES US THE OPPORTUNITY TO ADDRESS SOME OF THOSE CONDITIONS. ISN'T THAT WHAT WE'RE DOING NOW? YEAH. SO AS PROPOSED, THESE USES WOULD BE ONLY ALLOWED SUBJECT TO APPROVAL OF A SUP. OKAY. SO WE'RE NOT GIVING THE SCP RIGHT NOW. NO, NO, THEY'RE JUST AMENDING THE ORDINANCE TO BE ABLE TO ALLOW THESE USES PREVIOUSLY. CURRENTLY THE PD 165 DOESN'T EVEN ALLOW THESE USES. BUT THE APPLICANT HAS GOTTEN INTEREST FROM SOME OF THESE USERS. AND SO THEY NEED THE FLEXIBILITY FOR THE PD TO POTENTIALLY ALLOW THESE USES.

BUT GIVEN THE PROXIMITY TO RESIDENTIAL STAFF, WORKED WITH THE APPLICANT TO LIMIT THESE

[00:30:05]

USES TO CERTAIN BUILDINGS. AND THEN ALSO AS PART OF THAT ADDITIONAL PROTECTION, ONLY ALLOW THEM WITH APPROVAL SUBJECT TO APPROVAL OF AN SUP. OKAY. I JUST WANT TO MAKE SURE WE'RE BEING VERY TRANSPARENT. IF WE'RE AMENDING THE ORDINANCE TO ALLOW THESE USES, BUT THEN SAYING YOU STILL HAVE TO COME BACK AND ACTUALLY GET APPROVAL FOR THE USES. THAT'S CORRECT.

OKAY, OKAY. THANK YOU. THE APPLICANT HERE WISH TO SPEAK. I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. YES. AS AS POINTED OUT, WE ARE JUST ADDING THIS USE TO THE LIST OF USES. AND THEN WE HAVE TO COME BACK FOR AN SUP FOR SPECIFIC PERMITS. WOULD YOU STATE YOUR NAME AND ADDRESS PLEASE? MANI RAVINDRAN I'M THE DEVELOPER FOR THE PROJECT. THANK YOU.

QUESTIONS. IN IN THE ORDINANCE ITSELF, IT. AND I JUST WANT TO MAKE SURE WE'RE ADMITTING IT CORRECTLY. IT GOES ON TO TALK ABOUT THE ADDITIONAL USES OF LOT ONE WITH THE DAYCARE, THE DRIVE THRU RESTAURANT, AND THE POTENTIAL OF A SIT DOWN RESTAURANT. SO WE'RE ALSO ADDING THAT STUFF, BUT WE'RE NOT TALKING ABOUT THAT RIGHT NOW. CORRECT. ANDREW. I'M SORRY, THE QUESTION WAS ABOUT THE RESTAURANTS. YES. IN SECTION ONE, IN THE AMENDMENT OF THE ACTUAL ORDINANCE, IT SAYS ADDITIONAL USES. THAT LOT 1ST MAY BE DEVELOPED FOR DAYCARE.

THE RESTAURANT, GREATER THAN 1000FT■S WITH A DRIVE THRU RESTAURANT MAY BE APPROVED. AND RESTAURANTS OVER 1000FT■S WITHOUT A DRIVE THRU RESTAURANT MAY BE APPROVED BY RIGHT WITHOUT AN S P, SO WE'RE ALSO ADDING THOSE IN. THAT'S CORRECT. SO WE'RE NOT JUST TALKING ABOUT A PET SHOP. AND WE'RE ALSO TALKING ABOUT THOSE OTHER USES. THAT'S CORRECT. SO TO COMMISSIONER MCDONNELL'S QUESTION DO WE HAVE A TRAFFIC IMPACT ANALYSIS. A TRAFFIC IMPACT ANALYSIS WAS WAS DONE FOR THIS OVERALL DEVELOPMENT. GO AHEAD. AND FOR CLARIFICATION THE CURRENT PD ORDINANCE ALREADY ALLOWS YOU KNOW THAT WAS APPROVED PREVIOUSLY. THAT'S BEING AMENDED. NOW. THOSE FIRST THREE ITEMS ARE ACTUALLY ALREADY CURRENTLY ALLOWED. OKAY.

SO SO THOSE WERE SO THE ONLY THING YOU'RE ADDING TO THE THE ADDITIONAL USES UNDER B IS.

ITEM FOUR. A AND B, YOU KNOW, THE PET SHOP, THE TWO THE TWO TYPES USES THAT COULD BE ADDED FOR THE SUP. SO, SO JUST JUST FOR CLARIFICATION, THOSE FIRST THREE USES THAT ARE IN THAT LIST. WHAT WE DID IS WE JUST AMENDED AND RESTATED THOSE THREE. SO WE JUST MAKE IT EASIER. AND SO SO THEY'RE ALREADY ALLOWED TO DO THAT NOW. YEAH. IT'S JUST FOR CONVENIENCE OF BEING ABLE TO, TO SHOW, TO AMEND THE WHOLE SECTION. SO OTHER PLANNED USES FOR THIS. I MEAN, ARE YOU CONSIDERING A RESTAURANT AS PART OF THIS PLAZA AS PART OF BUILDING B? YES. MR. COMMISSIONER. AND WITH NO DRIVE THRUS, BUT NO DRIVE TO THE RESTAURANT. CORRECT. AND THEN THE VETERINARY CLINIC IS FOR B OR IS THAT THE BUILDING? IT'S ONLY FOR B THAT WE ARE ASKING BECAUSE WE WE INITIALLY WENT FOR THE WHOLE THING. AND THEN BECAUSE OF THE NEARNESS TO THE RESIDENTIAL THING, WE TOOK OUT THE VETERINARY OFF OF BUILDING C, BUT WE ARE ASKING ONLY FOR BUILDING B, RIGHT. WELL, I JUST WANT TO MAKE SURE I'M UNDERSTANDING WHAT YOU'RE PUTTING A ANIMAL FACILITY NEXT TO. WE'VE GOT A CHILDCARE FACILITY. WE HAVE RESTAURANTS.

CORRECT. AND THERE'S NOT A LOT OF SEPARATION FROM THESE. I MEAN, I KNOW, I THINK IT WAS GULLY ANIMAL HOSPITAL CAME THROUGH AND THEY HAD GREEN SPACE AROUND IT. THERE'S NO GREEN SPACE AROUND HERE, IS THERE OR SEPARATION FROM THE RESTAURANTS OR THE CHILDREN'S FACILITY. WHAT WE ARE ASKING FOR IS LIKE A VETERINARY CLINIC, NOT BREEDING, NOT VOTING AND ALL OF THAT. WE'VE GOT A LOT OF INTEREST AND THAT'S WHY THIS CAME UP. AND THEN THE OTHER ONE WAS A GOOD EXAMPLE IS HOLLYWOOD FEED, WHICH RECENTLY CAME TO TOWN. WHICH CELL? JUST PET RELATED FOOD ITEMS. SO WE WANTED TO BE WE THAT'S THE ONLY REQUEST THAT WE'RE MAKING. BUT I GET YOUR POINT. SO I WOULD ASK TO DAN'S POINT OR COMMISSIONER ALTMAN. BEING THAT YOU'RE WANTING TO CHANGE THIS USE OF BUILDING B FOR ANIMALS, RIGHT? ARE YOU WILLING TO CHANGE YOUR SITE PLAN TO INCLUDE SOME LIKE PARKING LOT AREAS WHERE IF I'M BRINGING MY

[00:35:04]

DOG BEFORE WE WALK IN, IF THE DOG NEEDS TO RELIEVE THEMSELVES, DO WE HAVE SPACE TO DO THAT? BECAUSE RIGHT NOW ALL WE SEE IS CONCRETE, RIGHT? SO THE PARKING LOT WERE DETERMINED BASED ON THE DIFFERENT TYPES OF USE. AND THAT'S WHEN I THINK THE ISSUE WHEN WHEN THE PARTICULAR USER COMES IN FOR THE SUP, THAT'S WHEN I THINK IT GOES INTO THE DETAILS. BUT WE HAVE CORRECT.

BUT WE HAVE ENOUGH PARKING LOT FOR THE ENTIRE B AND C AND THE DAYCARE AT THIS POINT IN TIME.

OKAY. THANK YOU. AND I DO WANT TO POINT COMMISSIONER DAN, YOU HAD ASKED ABOUT THE COMMITMENT OF THE DEVELOPER. WE ARE FULLY COMMITTED. WE ARE WANTING TO WORK WITH WITH THE CITY TO DO WHAT WHAT IT TAKES TO MAKE THIS A DESTINATION RETAIL. I JUST WANT TO MAKE SURE THAT WE'RE VERY CLEAR ON THAT AND MORE THAN HAPPY TO WORK WITH YOU OR ANY COMMENTS YOU HAVE. THE ELEVATIONS LOOK BETTER THAN THEY DID THE FIRST TIME. YES. THANK YOU. ANY OTHER QUESTIONS? THANK YOU. ADDITIONAL. LET'S SEE. HAVE ANY PUBLIC SPEAKERS? OKAY. ANY ADDITIONAL QUESTIONS OF STAFF? ANYTHING ELSE? NOPE. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING. HAVE A MOTION TO CLOSE PUBLIC HEARING. I HEAR A SECOND. SECOND. I HAVE A SECOND. PLEASE VOTE. MOTION PASSES SIX ZERO. ANY FURTHER QUESTIONS OF STAFF? GOOD. CAN WE ADD TO THE SIDEWALK TO THE ORDINANCE THAT WAS COMING? I MEAN, I GUESS THE QUESTION IS, YOU KNOW, IN THIS CASE. YEAH.

BECAUSE YOU'RE DOING IT IN THE ZONING ORDINANCE. WE CAN WE CAN TINKER WITH THAT A LITTLE BIT.

I GUESS THE QUESTION IS, AT WHAT POINT DO WE I MEAN, TYPICALLY, AGAIN, THEY'RE GOING TO BE REQUIRED TO BE, I GUESS, MY MIC ON KNOW IT'S OFF. YEAH. TURN IT OFF. YEAH. OKAY. YEAH.

OKAY. HERE WE GO. ALL RIGHT. YEAH. TYPICALLY AGAIN THEY WOULD BE BUILT PRIOR TO FINAL PLAT. AND WE CAN'T GET A BUILDING PERMIT UNTIL FINAL PLATS ARE FINISHED AND THE IMPROVEMENTS ARE DONE. I KNOW SOMETIMES WITH COMMERCIAL, YOU KNOW, YOU TRY NOT TO BUILD SIDEWALKS DURING CONSTRUCTION BECAUSE THEY TEND TO GET BROKEN UP. SO, YOU KNOW, I MEAN I UNDERSTAND THAT, BUT CONSIDERING THIS LOCATION. YEAH. YOU KNOW, WE CAN YEAH, WE CAN REQUIRE A BE ISSUED. I GUESS THE QUESTION IS AT WHAT POINT DO THEY NEED TO BE COMPLETED.

EITHER PRIOR TO BUILDING? PROBABLY WHEN YOU DO. YEAH. OR ANDREW EITHER ONE IT MAKES SENSE FOR THEM TO BE COMPLETED AT FINAL PLAT. TYPICALLY TO KEVIN'S POINT THEY'RE NOT BUILT TO CONSTRUCTION IS COMPLETE ON THE THE VERTICAL STRUCTURE. BUT WE COULD DO IT AT FINAL PLAT.

THEREFORE THAT'S WHEN THEY GET THE BUILDING PERMIT. THAT'S NOT GOING TO HELP DURING CONSTRUCTION. YES IT WILL, BECAUSE FINAL PLAT IS WHEN ALL THE INFRASTRUCTURE GOES IN, THEY CANNOT GET A BUILDING PERMIT TO GO VERTICAL UNTIL THERE'S A FINAL PLAT. OKAY, OKAY. SO YOU COULD JUST ADD THAT CONDITION. SO JUST TO MAKE SURE WE'RE UNDERSTANDING YOU CORRECTLY, WE CAN ADD THE CONDITION FOR SIDEWALKS TO BE COMPLETED UPON APPROVAL OF FINAL PLAT. I WOULD SAY AS A AS A PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR, FOR ANY STRUCTURE TO BE CONSTRUCTED ON THE PROPERTY. DO I HEAR A MOTION? YES, I KNOW I'M GETTING IT RIGHT. ALL RIGHT. SO WITH THAT, I WOULD MAKE A MOTION TO APPROVE THE AMENDMENT TO THE PD WITH A REQUIREMENT FOR SIDEWALKS TO BE COMPLETED ON FM 1387, WALNUT GROVE AND WESTMINSTER. PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT AFTER THE FINAL PLAT. SECOND, WE HAVE A MOTION AND A SECOND, PLEASE VOTE. FINE JOB. ITEM PASSES 5 TO 1. ALL RIGHT. WE

[008 Conduct a public hearing and consider and act upon a request for an ordinance rezoning a 3.195+ acre portion of the Benjamin F. Hawkins Survey, Abstract No. 464, from Agricultural (A) District to Single-Family Three (SF-3) and granting a Specific Use Permit (SUP) for a Secondary Dwelling Unit. The property is located at 1051 and 1211 Mount Zion Road. (Z15-2026-044)]

MOVE ON TO ITEM NUMBER EIGHT. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON A REQUEST FOR AN ORDINANCE REZONING A 3.195 PLUS OR MINUS ACRE PORTION OF THE BENJAMIN F

[00:40:04]

HAWKINS SURVEY. ABSTRACT NUMBER 464 FROM AGRICULTURAL TO DISTRICT SINGLE FAMILY THREE IN SPECIFIC USE PERMIT FOR A SECONDARY DWELLING UNIT. THE PROPERTY IS GENERALLY LOCATED AT 1051 AND 2012. 11 MOUNT ZION ROAD. THE CHAIR AND COMMISSION. THIS IS A REQUEST FOR A 3.95 ACRE LOT, ZONED AGRICULTURAL AND DESIGNATED AS MEDIUM DENSITY RESIDENTIAL ON THE FUTURE LAND USE MAP. THE PROPERTY WAS ANNEXED IN 2004. THERE EXIST TWO RESIDENTIAL DWELLINGS ON THE ONE TRACT OF LAND. A SUBDIVISION PLAT WAS, EXCUSE ME, SUBDIVISION PLAT TO SEPARATE THE TWO HOUSES ON THE TWO LOTS WAS APPROVED BY THE CITY AND COUNTY PRIOR TO ANNEXATION, BUT IT WAS NEVER RECORDED. ALL SURROUNDING PROPERTIES SHOWN ON THE CASE MATERIALS ARE ZONED AGRICULTURAL AND USE FOR SINGLE FAMILY RESIDENTIAL USES. THE PROPERTY AND ALL SURROUNDING PROPERTIES ARE DESIGNATED AS MEDIUM DENSITY RESIDENTIAL. THE REQUEST IS CONSISTENT WITH THIS DESIGNATION BECAUSE IT ENCOURAGES UP TO FOUR DWELLING UNITS PER ACRE AND 10,800 SQUARE FOOT LOTS. THE REQUEST IS ALSO CONSISTENT WITH THE COMPREHENSIVE PLAN BECAUSE IT SUPPORTS RESIDENTIAL LOT PATTERN THAT TRANSITIONS WITH SURROUNDING PROPERTIES, SUPPORTS THE RESIDENTIAL COMPONENT OF THE CITY'S PLANNED LAND USE BALANCE BY MAINTAINING SINGLE FAMILY RESIDENTIAL DEVELOPMENTS AND ADVANCES THE ADOPTED LAND USE VISION. BY ALIGNING WITH THE PROPOSED SINGLE FAMILY ZONING AND RESIDENTIAL DENSITY. THE CURRENT REQUEST WOULD ALLOW THE TRACT TO MOVE FORWARD AS TWO SINGLE FAMILY, THREE LOTS, RATHER THAN REMAIN UNDER THE FOUR ACRE AGRICULTURAL LOT STANDARD. IF APPROVED, THE TRACK WILL BE PLOTTED AS TWO LOTS THAT WILL EXCEED THE ONE ACRE MINIMUM LOT AREA SHOWN FOR SINGLE FAMILY THREE SITE PLAN DETAILS INCLUDE THE EXISTING DRIVEWAY ACCESS TO ADJUSTED WITHIN THE AVAILABLE PROPERTY AREA AS NEEDED FOR THE PROPOSED HOME. THE SITE PLAN ALSO IDENTIFIES THE EXISTING 400 SQUARE FOOT AND 288 SQUARE FOOT ACCESSORY STRUCTURES, WHICH ARE USED AS STORAGES, AND THE SUBDIVISION WILL QUALIFY FOR ADMINISTRATIVE MINOR PLAT APPROVAL OR REVIEW. BECAUSE NO UTILITY EXTENSIONS ARE REQUIRED.

ON LOT TWO, THE APPLICANT PROPOSES A NEW ONE STORY, 5265 SQUARE FOOT DWELLING. THE EXISTING 2318 SQUARE FOOT RESIDENCE WILL BECOME THE SECONDARY DWELLING UNITS DUE TO THE BUILDING FOOTPRINT, THE PROPOSED PRIMARY RESIDENCES, 4349FT■S OF AIR CONDITIONED ARE, WILL MAKE 3262FT■S. THE APPLICABLE 75% THRESHOLD. THE EXISTING 2318 SQUARE FOOT RESIDENCE IS BELOW THAT LIMIT. THE REQUESTED VARIANCE IS STRICTLY TO ALLOW BOTH, BOTH DWELLING UNITS TO HAVE THEIR OWN SEPARATE UTILITY ELECTRIC METERS, AND THE PROPOSED STRUCTURE MEETS ALL OTHER CODE REQUIREMENTS. 12 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200FT. ONE SIGN WAS PLACED ON THE PROPERTY AND STAFF HAS RECEIVED NO OBJECTION OF THIS CASE. STAFF RECOMMENDS APPROVAL OF THE REZONING FROM AGRICULTURAL TO SINGLE FAMILY THREE, AND THE SPECIFIC USE PERMIT FOR THE SECONDARY DWELLING UNITS. SECOND UTILITY METER SINCE THE REQUEST IS CONSISTENT WITH THE FUTURE LAND USE PLAN, THE COMPREHENSIVE PLAN, AND SURROUNDING LAND USES AND ZONING. THANK YOU. I'M OPEN TO QUESTIONS AND THE APPLICANT IS HERE AS WELL. QUESTION TO STAFF. MY ONLY QUESTION IS ABOUT THIS EXISTING DRIVEWAY ON THE EAST SIDE OF WHAT WILL BECOME LOT TWO. IS THAT IS THAT DRIVEWAY. I SEE THE CURB CUT THERE. IS THAT DRIVEWAY GOING TO CONTINUE TO BE IN EXISTENCE? YOU SAID THE. THAT IS CORRECT.

YES. OKAY. AND IS THAT ENOUGH OFF OF THE BUILDING LINE FOR THAT RESIDENCE TO BE ADDED WITHOUT BEING A DISRUPTOR TO THE NEIGHBOR? YES, I DO KNOW THAT ENGINEERING DID GIVE IT THE OKAY AS FAR AS IT BEING EXISTING WITH THE DRIVEWAY SPACING REQUIREMENT THAT'S REQUIRED IN THE CODE. SO YES, OKAY, I WAS JUST THINKING WE COULDN'T HAVE DRIVEWAYS RIGHT

[00:45:02]

ON PROPERTY LINES. I THOUGHT THEY HAD TO BE OVER A LITTLE BIT. BUT YOU'RE SAYING IT'S OKAY, CORRECT? YES. OKAY. THANK YOU. I MAY HAVE MISSED IT, BUT YOU HAD MENTIONED NEW ELECTRIC METER. WHAT ABOUT WATER SERVICE? ARE THEY GOING TO DO THE SAME FOR THE WATER AND ARE THEY ON CITY SANITARY OR ARE THEY ON SEPTIC? BUT WHAT KIND OF UTILITIES ARE THEY NEEDING? SO EVERYTHING FOR THE PROPERTY ALREADY EXISTS. THERE'S NOT GOING TO BE ANYTHING NEEDED FOR IT FOR THE NEW STRUCTURE. SO THEY'RE NOT LOOKING FOR A NEW WATER METER. THEY'RE NOT LOOKING FOR NEW SANITARY CONNECTION IF IT'S A CITY. LOCATION. SO. AS FAR AS THE UTILITY CONNECTIONS, THEY THEY ALREADY EXIST. AND YEAH, TO MY KNOWLEDGE, THEY'RE NOT MAKING A NEW, A NEW CONNECTION ON, ON THIS PROPERTY. OTHER QUESTIONS. THE APPLICANT WISHES TO COME UP AND SPEAK. AND YOU WOULD COME UP. AND STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. SIR, I'M PHILLIP DAVIS, I LIVE ON LOT ONE. MY MOTHER, WHO HAD TO EXCUSE HERSELF, LIVES ON LOT TWO ON THE STRUCTURE TO THE SOUTH WEST SIDE AND HAS SO SINCE 1982.

QUESTIONS. SO I CAN SEE THE SEPTIC SYSTEM FOR THE HOUSE THAT YOUR MOM LIVES IN THERE ON LOT TWO. YES. SO THE NEW HOUSE, THE 5200FT■S. WHERE DO YOU HAVE AN IDEA OF SEPTIC PLACEMENT FOR THAT? IT'S MY UNDERSTANDING IN TALKING WITH MY BROTHER, WHO WANTS TO BUILD THE HOME, THAT THAT WOULD BE AN AEROBIC SYSTEM FOR THE NEW HOUSE. OKAY. AND THEY'VE INVESTIGATED TYING IN TO THE CITY SEWER LINE, WHICH IS ACROSS MOUNT ZION TO THE SOUTH, BUT HAVE TRIED TO EXAMINE WHAT'S, YOU KNOW, FEASIBLE, WHAT'S MOST FEASIBLE. OKAY. AND WHAT DID THEY DETERMINE? TO MY KNOWLEDGE, THEY DETERMINED THAT THE SEPTIC SYSTEM TO THE NORTH OF THE HOUSE WAS MOST FEASIBLE. OKAY. THAT'S WHAT I'VE GOT ON MY HOUSE ON LOT ONE. OKAY. AND IS YOUR HOME SERVED BY MOUNTAIN PEAK WATER OR CITY WATER? SARDIS. YOU'RE WITH SARDIS WATER? YES. OKAY. OKAY. AND SO WOULD THEY BE GETTING A SEPARATE WATER METER FROM SARDIS? IT'S MY UNDERSTANDING THAT THE UTILITIES WERE TO BE SHARED. THERE'S BEEN SOME DISCUSSION LATELY ABOUT A SEPARATE ELECTRIC METER FOR THE EXISTING HOME ON LOT TWO, AND THE PROPOSED HOME ON LOT TWO. AS TO THE WATER. I'M NOT COMPLETELY SURE. BUT I, I THINK MY BROTHER WOULD LOVE TO HAVE A NEW WATER METER, BUT I DON'T KNOW THAT THAT HAS BEEN DECIDED.

OKAY. THANK YOU. YES. THERE'S BEEN QUITE, QUITE A FEW CHANGES SINCE YOUR MOTHER MOVED THERE IN 82, HASN'T THERE? YES, SIR. IT'S NOT REALLY SUITED TO AG USE ANYMORE, IS IT? WELL, THE COUNTY APPARENTLY IN OUR RESEARCHING THIS SYSTEM, THIS SITUATION CONSIDERED US IN RESIDENTIAL FOR ALL THESE YEARS FROM 25 YEARS AGO. I'M TOLD IT'S MY FAULT THAT I DID NOT FILE FOR A PLAT 25 YEARS AGO. DIDN'T KNOW TO DO IT. SORRY. THAT'S WHY WE'RE JUMPING THROUGH THESE HOOPS NOW. SO THIS WOULD CLEAN THAT UP, CORRECT? YES. GOOD. THANK YOU, MR. DAVIS. OTHER QUESTIONS OF THE APPLICANT. THANK YOU SIR. ANYBODY SIGNED UP TO SPEAK? THANK YOU. ADDITIONAL QUESTIONS OF STAFF. I JUST HAVE A QUESTION FOR YOU, ANDREW. ON THE SEPTIC. IN ORDER TO GET A SEPTIC PERMIT IN ELLIS COUNTY, THEY WOULD HAVE TO FILE WITH THE COUNTY TO OBTAIN THAT. IS THAT CORRECT? THAT'S CORRECT. AND WOULD THEY HAVE TO HAVE A A WASTEWATER ENGINEERING REPORT BEFORE GETTING THAT SEPTIC SYSTEM? BECAUSE THEY'RE GOING TO HAVE TWO SEPTIC SYSTEMS ON A 1.5 ACRE LOT. YEAH. I BELIEVE THEY WOULD NEED TO GET THAT AUTHORIZATION FROM ELLIS COUNTY. OKAY. BEFORE THEY CAN START BUILDING. OKAY. THANK YOU. I WOULD MAKE A MOTION TO CLOSE THE PUBLIC HEARING, HAVE A MOTION TO CLOSE SECOND AND A

[00:50:05]

SECOND, PLEASE VOTE. PASSES SIX ZERO. ADDITIONAL QUESTIONS OR COMMENTS OR A MOTION. MAKE A MOTION TO APPROVE AS PRESENTED. I HAVE A MOTION TO APPROVE BY COMMISSIONER BLAND. SECOND AND A SECOND BY COMMISSIONER ALTMAN. PLEASE VOTE. PASSES SIX ZERO. ITEM NINE HAS BEEN WITHDRAWN BY THE APPLICANT, SO WE'LL MOVE ON TO ITEM TEN. BEFORE THIS ONE. LET ME TELL YOU ABOUT NOW JUST JUST THROWING IT OUT THERE. YOU CAN. TELL YOU WHAT. LET'S TAKE A TEN MINUTE OH, TIM WANTS TO TALK. AND THEN BEFORE YOU GO. WE'LL GET STARTED. ITEM NUMBER TEN. MIKE, WE'RE BACK ON ITEM

[010 Conduct a public hearing and consider a request for an ordinance to rezone 55.708+ acres out of the John Early Survey, Abstract No. 343, and the Joseph H. Witherspoon Survey, Abstract No. 1137, Lot 5, Block A, Walnut Grove 287, and Lot 2, Block 1, Turner Homestead Estates from Agricultural (A) and Commercial (C) Districts to Planned Development District No. 188 (PD-188) for residential and non-residential uses. The property is generally located at the northeast corner of South Walnut Grove Road and East US Highway 287. (Case No. Z21-2026-061)]

NUMBER TEN. CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT UPON A REQUEST FOR AN ORDINANCE AMENDING THE REGULATION OF PLAN DEVELOPMENT DISTRICT NUMBER 106, RELATING TO THE DEVELOPMENT AND USE OF LOT ONE A AND ONE B, BLOCK ONE, MR. CHAIRMAN. THAT'S RIGHT, I MY MY MISTAKE. I'M JUMPING AHEAD HERE. OKAY, LET'S TRY THAT AGAIN. ITEM NUMBER TEN. CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR AN ORDINANCE TO REZONE 55.708 PLUS OR MINUS ACRES OUT OF THE JOHN EARLY SURVEY. ABSTRACT NUMBER 343 AND THE JOSEPH H. WITHERSPOON SURVEY. ABSTRACT NUMBER 1137, LOT FIVE, BLOCK A, WALNUT GROVE 287 AND LOT TWO, BLOCK ONE. TURNER HOMESTEAD ESTATES FOR AGRICULTURAL AND COMMERCIAL DISTRICT PLANNED PLAN DEVELOPMENT DISTRICT NUMBER 188 FOR RESIDENTIAL AND NONRESIDENTIAL USE. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF SOUTH WALNUT GROVE ROAD AND US HIGHWAY 287. THANK YOU, MR. CHAIR. THE NEXT ITEM IS A REQUEST TO REZONE 55.708 ACRES OF PROPERTY AT THE. LOCATED AT THE NORTH NORTHEAST CORNER OF WALNUT GROVE ROAD AND US HIGHWAY 6287, THE PROPERTY IS CURRENTLY ZONED AGRICULTURAL AND COMMERCIAL DISTRICT AND THE FUTURE LAND USE MAP FOR THE PROPERTY IS SORRY. HIGH DENSITY RESIDENTIAL AND REGIONAL MODULE. IT IS CURRENTLY UNDEVELOPED AND THE PROPOSED LAND USE IS COMMUNITY RETAIL USES WITH A SUPERSTORE AND MEDIUM DENSITY.

RESIDENTIAL ONE USES. AND SO THE ZONING HISTORY ON THE PROPERTY. IT WAS ANNEXED IN 1999 AND IN 2000 THEY REZONED THE SOUTHERN PORTION OF THE PROPERTY FROM AGRICULTURAL TO COMMERCIAL. AND IN OCTOBER OF 2025, THEY SUBMITTED A REQUEST TO REZONE THE PORTION YOU SEE IN AG AND COMMERCIAL TO PLAN DEVELOPMENT DISTRICT 188, AND THAT THAT APPLICATION WAS WITHDRAWN IN MAY OF THIS YEAR. SO THE SURROUNDING THE THEY RESUBMITTED THEIR APPLICATION.

AND SO THAT'S WHY WE ARE HERE TODAY. SO TO THE NORTH, YOU HAVE SINGLE FAMILY ONE AND PLANNED DEVELOPMENT DISTRICT 136, WHICH IS BRIDGEWATER TO THE EAST. IT'S BRIDGEWATER TO THE SOUTH. YOU HAVE COMMERCIAL AND U.S. HIGHWAY 287. AND TO THE WEST YOU HAVE COMMERCIAL COMMUNITY RETAIL. A LITTLE PIECE HERE AND PLAN DEVELOPMENT DISTRICT 999. AND SO AT THE COMPREHENSIVE PLAN, THIS MAP IS SHOWING THE PORTION OF THE PROPERTY THAT IS HIGH DENSITY RESIDENTIAL. AND THEN THE PORTION THAT IS AS REGIONAL MODULE. AND SO THE INTENT OF THE HIGH DENSITY RESIDENTIAL IS TO ALLOW RESIDENTIAL AND MULTIFAMILY DEVELOPMENTS RANGING FROM SMALL TO LARGE SCALE DEVELOPMENTS, WHICH IS UP TO 18 UNITS PER ACRE. AND SO THE PROJECT IS CONSISTENT WITH LAND USE GOAL NUMBER TWO, WHICH PROMOTES ATTRACTIVE AND SAFE RESIDENTIAL NEIGHBORHOODS FOR ALL RESIDENTS BY ENCOURAGING TRANSITIONAL LOT DESIGN AND REVIEWING AND INCORPORATING BUFFERING BETWEEN SINGLE FAMILY DISTRICTS AND HIGHER INTENSITY DEVELOPMENT. WHAT THEY'RE PROPOSING WITH THE MD1 WOULD BE A TRANSITION FROM THE BRIDGEWATER DEVELOPMENT, WHICH HAS THREE UNITS PER ACRE, AND THEY ARE PROPOSING SEVEN UNITS

[00:55:02]

PER ACRE AND THEN LAND USE GOAL, WHICH IS PROMOTE DESIRABLE AND EFFICIENT LAND USE WHILE MAINTAINING AND ENHANCING LOCAL ESTHETICS BY CREATING VISUALLY APPEALING ENTRANCES TO MIDLOTHIAN. WITH INCREASED ARCHITECTURAL AND LANDSCAPING STANDARDS ALONG U.S. HIGHWAY 287. AND SO THE. THE DEVELOPMENT. THIS IS THE OVERALL SITE PLAN FOR THE AREA AND IT IS ADJACENT TO WALNUT GROVE ROAD, WHICH IS A MAJOR THOROUGHFARE WHICH IS 120 FOOT RIGHT OF WAY, WHICH IS THE ULTIMATE CONFIGURATION, IS A MEDIAN DIVIDED, AND IT HAS TWO LANES IN EACH DIRECTION. IN THE FUTURE THEY WILL THEY WILL ULTIMATELY BE A THIRD LANE ON THAT ROAD AS A PART OF THE. THE REVIEW OF THIS PROJECT WITH THEIR TRAFFIC STUDY, THEIR, THEIR ENGINEERS AND OUR ENGINEERING DEPARTMENT CONFIRMED THAT THE FOLLOWING REQUIREMENT. TRAFFIC MITIGATION IS REQUIRED TO CONSTRUCT A NORTHBOUND RIGHT TURN LANE OFF THE NORTHBOUND FRONTAGE ROAD, WHICH IS HERE. CONSTRUCT. CONSTRUCT NORTHBOUND RIGHT TURN LANES ON WALNUT GROVE FOR BOTH LANES, WHICH IS AT THE. DRIVE HERE AND AT THE SIGNALIZED INTERSECTION. CONSTRUCT A SOUTHBOUND LEFT TURN LANE AT WALNUT GROVE TO SERVE THIS DRIVE. APPROACH HERE AT THE SIGNAL AND ALSO A MATCHING NORTHBOUND LEFT TURN LANE FOR STONEGATE AS WELL. UP IN HERE, AND THEN TO SIGNALIZE THE WALNUT GROVE AND DRIVE THREE ENTRANCE HERE AND INSTALL INSTALL TRAFFIC SIGNALS AT US HIGHWAY 287 NORTH AND SOUTHBOUND SERVICE ROADS AT PLAINVIEW ROAD AND WALNUT GROVE. THAT'S BOTH SIDES OF THE FRONTAGE ROAD HERE, AND THEN THEY WILL CONTINUE TO WORK WITH ENGINEERING AND THE ADJACENT DEVELOPMENT, BECAUSE THERE WILL ONLY BE ONE DRIVE APPROACH HERE. SO THIS IS SHOWING THE SUBAREA A, WHICH IS PROPOSED TO BE THE COMMUNITY RETAIL USES, WHICH INCLUDES THE SUPERSTORE ON LOT TWO, THE GAS STATION WITH CONVENIENCE STORE ON LOT FOUR, AND IT WILL HAVE THREE OUTPARCELS THAT ARE PLANNED FOR FUTURE USES OF THOSE USES THAT WELL. THE USES THAT ARE PROHIBITED ON THESE SITES ARE A CAR WASH, A FREESTANDING AUTO PARTS SALES STORE, A FREESTANDING MAJOR MOTOR VEHICLE REPAIR, TEMPORARY BADGE PLANT AND COMMERCIAL COMMUNICATION TOWER. TYPE TWO, WHICH IS A CELL PHONE TOWER SUB AREA B, WHICH IS THE RESIDENTIAL PROPOSED RESIDENTIAL DEVELOPMENT, ALLOWS FOR MEDIUM DENSITY ONE, WHICH WOULD ALLOW SINGLE FAMILY RESIDENTIAL, DETACHED, SINGLE FAMILY ATTACHED DUPLEXES, TRIPLEXES AND UP TO FOUR PLEXES. SO SOME OF THE DETAILS IN SUBAREA A IS LOT TWO IS WHERE THE SUPERSTORE IS. AND AS I MENTIONED BEFORE, YOU HAVE THE THREE POD SITES, THE DETENTION THE RETENTION POND IS LOCATED ON LOT TWO THAT WILL SERVE THE DEVELOPMENT, THE DRAINAGE FOR THE DEVELOPMENT FOR SUBAREA B, THE MINIMUM LOT SIZE IS 3500FT■S WITH THE MINIMUM DWELLINGS WOULD BE 1600. IF THEY DO SINGLE FAMILY AND 1400FT■S FOR ANY OTHER. ALL OF THE OTHER RESIDENTIAL TYPES, THEIR MAXIMUM DENSITY HAS BEEN REDUCED. ORIGINALLY THEY HAD REQUESTED TEN UNITS PER ACRE, BUT AFTER WE REQUESTED THEM SHOW WHAT KIND OF RESIDENTIAL DEVELOPMENT COULD OCCUR AT THAT SITE, THEY REDUCED IT DOWN TO SEVEN UNITS PER ACRE. AND SO THE MAXIMUM LOT COVERAGE FOR THE RESIDENTIAL IS 60% COVERAGE, WITH THE MAXIMUM UNITS HAVING FRONT ENTRY GARAGES BEING 65%. THE MAXIMUM HEIGHT IS TWO AND A HALF STORIES, OR UP TO 30 NOT EXCEEDING 35FT. AND THEY DO HAVE THE ANTI MONOTONY REQUIREMENT OF NO REPETITION WITHIN FOUR CONTIGUOUS LOTS ON THE SAME OR OPPOSITE SIDE OF THE STREETS. THEY WILL HAVE TO DO A DETAILED SITE PLAN FOR SUBAREA B TO OUTLINE THE ARCHITECTURAL STYLE FOR THE RESIDENTIAL COMPONENT, AND TO SPECIFY THE TYPE OF THE UNIT TYPE THAT THEY'RE GOING TO BE DOING. BUT THE REST OF THE DEVELOPMENT STANDARDS ARE CONSISTENT WITH THE BRIDGEWATER DEVELOPMENT STANDARDS, EXCEPT FOR THE LOT SIZE. AND SO THE SUPERSTORE DETAILS, IT'S 181 SQUARE FOOT BUILDING. IT'S GOING TO INCLUDE IT'S 35FT IN HEIGHT. IT'S GOING TO HAVE A FULFILLMENT CENTER, WHICH IS WHERE YOU DO YOUR PICKUPS. THERE'S GOING TO BE ON THE NORTHERN SIDE. IT'S GOING TO INCLUDE A PHARMACY WITH A DRIVE THROUGH, WHICH IS ADJACENT TO

[01:00:01]

THE FULFILLMENT CENTER. IT'S GOING TO HAVE MOTOR VEHICLE REPAIR ON THE SOUTHERN SIDE FACING 287, AND THEN IT'S GOING TO HAVE A GARDEN CENTER ADJACENT TO THAT. THEY DO NOT HAVE DRONE DELIVERY ON THIS SITE BECAUSE DRONE DELIVERY IS NOT A PERMITTED USE WITHIN MIDLOTHIAN, AND THEY'RE PROPOSING STORE HOURS OF 6 A.M. TO 11:11 P.M. THEY ARE REQUIRED 695, BUT THEY ARE PROPOSING 735 SPACES. EIGHT OF THOSE WILL BE ELECTRIC VEHICLE. THEY HAVE 221 THAT ARE COMPACT, WHICH IS CONSISTENT WITH A 30% COMPACT MISSIONS, AND THEY HAVE 506 STANDARD PARKING SPACES. THEIR ACCESS IS AGAIN OFF OF WALNUT GROVE AND 287, AND THEIR OUTDOOR STORAGE IN THE REAR IS REQUIRED TO BE SCREENED. AND LIGHTING IS ALSO DOWNCAST AND IS ALSO FACING WALNUT GROVE ROAD. AND 287 THEY DO NOT HAVE ANY OUTDOOR LIGHTING ON THE REAR FACING THE RESIDENTIAL. OTHER SCREENING, THEY DO HAVE FOUR INCH CALIPER TREES BOTH ALONG THE REAR AND ALONG WALNUT GROVE ROAD. THESE ARE SPACED TEN FEET ON CENTER AND THESE ARE 20FT ON CENTER. THERE IS A SIX FOOT MASONRY WALL REQUIRED BETWEEN LOT TWO AND THE RESIDENTIAL COMPONENT, SO THE WALL WOULD BE REQUIRED ALONG HERE. AND THEN WE'LL GO OUT TO THIS. SO THE THERE IS A SIX FOOT MASONRY WALL REQUIREMENT THAT WOULD DO ESSENTIALLY THIS.

THEY DO NOT OWN THIS COMMERCIAL PROPERTY HERE. SO THIS THIS PORTION OF THE DEVELOPMENT HERE WOULD BE OUTSIDE OF THE SCREENING WALL THAT THEY'RE REQUIRED TO CONSTRUCT, BUT THERE WOULD BE A WALL THAT GOES, THE WALMART WALL WOULD GO BASICALLY DOWN HERE TO HERE.

GOING THE WRONG WAY. SORRY. AND SO THE WALL WOULD BE REQUIRED TO THE WALL AND THE LANDSCAPING WOULD BE REQUIRED. WHEN THE NON RESIDENTIAL USE IS CONSTRUCTED AND INSTALLED. AND IT HAS TO BE THERE PRIOR TO THEIR CERTIFICATE OF OCCUPANCY. AND SO THERE ARE FOUR INCH CALIPER TREES ALONG WALNUT GROVE. BUT IT IS ALSO IMPORTANT TO NOTE THAT IT'S LOCATED OUTSIDE OF ALL EASEMENTS ALONG WALNUT GROVE ROAD. SO THOSE TREES WILL BE THERE IN PERPETUITY AND NOT IMPEDED BY ANY EASEMENTS. THEY ALSO ARE SHOWING FOUR INCH CALIPER TREES ALONG THE SOUTHERN PORTION OF THE DEVELOPMENT HERE AND HERE TO SCREEN THE MOTOR VEHICLE GARAGE BAYS. AND THEY DO HAVE A SIX FOOT TRAIL SIDEWALK THAT TIES THE RESIDENTIAL ALL THE WAY TO WALNUT GROVE AND TO 87. AND THESE ARE THE ELEVATIONS OF THE SUPERSTORE, WHERE IT'S 35FT IN HEIGHT. AND THEY ARE PROVIDING VERTICAL AND HORIZONTAL ARTICULATION. THEY DO NOT HAVE ANY ROOFTOP EQUIPMENT. AND OF THAT ROOFTOP EQUIPMENT IT IS GOING TO BE SCREENED. FOR THE CONVENIENCE STORE. IT'S A 1556 SQUARE FOOT CONVENIENCE STORE. THEY'RE SHOWING TEN VEHICLE PUMPS. IT IS ALSO 35FT IN HEIGHT, AND THEY ARE PROPOSING NINE SPACES, BUT THEY ARE ONLY REQUIRED FIVE. AND THEY ARE ALSO IN DOING ENHANCED LANDSCAPING ALONG 287. AND YOU WOULD GET TO IT FROM 287 AND THE ACCESS EASEMENT OFF OF WALNUT GROVE, AND THEY DO NOT HAVE ANY OUT STORAGE INCLUDED ON THIS. AND THE LIGHTING IS ALSO DOWNCAST AND GOING TOWARDS 287. THEY ARE PROPOSING TWO MONUMENT SIGNS. THERE ARE NO ADDITIONAL MONUMENT SIGNS PROPOSED ON LOTS TWO AND FOUR. THEY ARE ONLY PROPOSING BUILDING SIGNAGE ON THEIR SITES, AND THEY DO HAVE A MULTI-TENANT SIX PANEL MONUMENT SIGN. IT IS 35FT IN HEIGHT AND THEY ARE REQUESTING INTERNAL ILLUMINATION. WE DID SEND 61 POSTCARDS TO PROPERTY OWNERS WITHIN 200FT OF THE SITE, BUT IN ADDITION TO THAT, WE DID SEND 56 POSTCARDS TO PEOPLE WHO SUBMITTED CORRESPONDENCE AND OPPOSITION TO THE WITHDRAWN CASE. ON AUGUST 27TH, THEY DID PUT THREE SIGNS OUT ON THE PROPERTY AND WE RECEIVED 94 EMAILS IN SUPPORT, 180 EMAILS IN OPPOSITION, AND WE DID RECEIVE A PETITION WITH 325 UNIQUE PROPERTY ADDRESSES

[01:05:05]

AGAINST THE REQUEST. WE HAVEN'T HAD A CHANCE TO CROSS CHECK THE EMAILS WITH THE PETITION, SO THERE MAY BE SOME DUPLICATIONS BETWEEN THOSE. AND SO THE KIND OF A. SUMMARY OF THE CORRESPONDENCE WE RECEIVED, IF THE SUPPORT WAS THAT IT WAS CONSISTENT WITH SURROUNDING AREA AND FUTURE LAND USE PLAN, THAT THE PROJECT WAS THOUGHTFUL AND APPROPRIATE, THAT THEY LIKED THE DESIGN AMENITIES, RESIDENTS AND THE RESIDENTIAL COMMUNITY POTENTIAL. AND THEY LIKE THE CONVENIENCE AND THE INCREASED CITY REVENUE. THE OPPOSITION WAS AT THE TRAFFIC ALONG HIGHWAY 287 AND WALNUT GROVE. THERE'S CONCERNS OF CUT THROUGH TRAFFIC WITHIN BRIDGEWATER, WHICH IS THE DEVELOPMENT TO THE EAST AND TO THE NORTH. THE DELIVERY TIMES, DELIVERY TRAFFIC, THE DRAINAGE AND STORMWATER IMPACTS AND NOISE AND LIGHTING FOR ADJACENT PROPERTY. THE COMPATIBILITY WITH THE COMPREHENSIVE PLAN AND THE IMPACTS ON SURROUNDING NEIGHBORHOODS, CRIME AND WHETHER OR NOT THERE'S A NEED FOR A SECOND WALMART. AND SO WITH THAT, STAFF DOES RECOMMEND APPROVAL OF THE REQUEST FROM TO REZONE FROM AG AND COMMERCIAL TO PLANNED DEVELOPMENT. DISTRICT 188. THAT CONCLUDES MY PRESENTATION. I'M HERE TO ANSWER ANY QUESTIONS. QUESTIONS OF STAFF. YOU HAD STATED THAT IN THE FUTURE LAND USE PLAN, I BELIEVE THAT THE SINGLE FAMILY ONE IS CURRENTLY HIGH DENSITY. CAN YOU JUST SAY AGAIN WHAT WOULD CONSTITUTE HIGH DENSITY ON UNITS PER ACRE? SO THE THE EXISTING SINGLE FAMILY ONE THAT'S NORTH OF THE SITE IS IS ALSO FUTURE LAND USE MAP IS PROPOSED TO BE HIGH DENSITY RESIDENTIAL AND THE MAXIMUM IS 18 UNITS PER ACRE. OKAY. AND MEDIUM DENSITY PER OUR STANDARDS IS CONSIDERED HOW MUCH IT IS 3 TO 4 UNITS PER ACRE IS IS MEDIUM DENSITY. SO LOW DENSITY WOULD BE 1 TO 2. OKAY. ACTUALLY LOW IS ONE. AND THEN COUNTRY MODULE IS TWO.

OKAY. AND JUST READING THROUGH AGAIN, THEY'RE PROPOSING SEVEN UNITS PER ACRE. SO IT'S NOT HIGH BUT IT'S A LITTLE OVER MEDIUM. YEAH. IT'S A STEP DOWN FROM IT'S KIND OF DOING THE THEY'RE PROPOSING WHAT WE WOULD ANTICIPATE WITH A TRANSITIONAL LOT DEVELOPMENT BECAUSE YOU'RE TAKING THE LOAD, THE LOWER DENSITY, WHICH WOULD BE THE THREE UNITS PER ACRE, AND IT'S STEPPING IT UP A LITTLE BIT. SO YOU'RE KIND OF GOING FROM THE COMMERCIAL TO THE HIGHER DENSITY MD TWO, MD ONE, AND THEN YOU GET TO BRIDGEWATER, WHICH IS THE LOWER DENSITY. BUT THERE ARE SECTIONS IN BRIDGEWATER THAT ARE CLOSER TO LIKE THE WHATABURGER. YES, THAT ARE HIGHER DENSITY. THAT'S CORRECT. AND SO THE THREE UNITS IS KIND OF THE TOTAL OF THE AGGREGATE, BECAUSE YOU DO HAVE LARGE LOTS WITHIN BRIDGEWATER AS WELL. SO IT KIND OF BALANCES OUT WITH BRIDGEWATER. THEY HAVE A VERY A VARIATION. YOU HAVE THE LARGER LOTS THAT ARE LIKE 70 10,000 SQUARE FOOT LOTS. AND THEN THEY GO ALL THE WAY DOWN TO TO 60 AND 50 AND 40 FOOT LOTS. AND WITHIN BRIDGEWATER AND THEN YOU HAVE THE TOWNHOMES ALONG. 287 OKAY. AND THEN THE IN READING THE ORDINANCE, THE EV CHARGING STATIONS ARE THOSE ONLY AT THE GAS STATION ARE THOSE ALSO IN THE PARKING LOT? THEY HAVE THEM AT BOTH. THEY'RE ALLOWED AT BOTH THE THE GAS STATION PARKING LOT AND WITHIN THE SUPERSTORE PARKING LOT. OKAY. IS THAT IS THE NUMBER OF EV CHARGING STATIONS REFLECTED IN THEIR PARKING ON THE SUPERSTORE? YES, BUT THEY DO NOT HAVE THEM SHOWN IN THE, IN THE, THE GAS STATION LOT. BUT WE HAVE HAD OTHER REQUESTS FOR OTHER GAS STATIONS TO ALLOW THEM. SO THE PD DOES ALLOW THAT FLEXIBILITY FOR THEM TO HAVE EV CHARGING STATIONS WITHIN THE GAS STATION LOT. OKAY. AND IS THE PARKING GOING BACK TO LIFE? CHURCH IS THE PARKING THAT THEY'RE ASKING FOR HERE. IS IT EXCEEDING OR ARE THEY ASKING FOR A VARIANCE OR IS IT THEY ARE NOT ASKING FOR A VARIANCE. THEY ARE WITHIN THEIR 25% OVER.

OKAY. AND THEN THEY'RE IN THE SUMMARY. YOU MADE MENTION THAT THERE WAS CONCERN OF DELIVERY TIMES. AND I REMEMBER WHEN KROGER WAS BEING REVIEWED THAT THERE WERE CONSTRAINTS PUT ON

[01:10:04]

WHEN THE LARGE 18 WHEELER DELIVERY TRUCKS COULD GO IN AND OUT. SO IS THERE SOMETHING IN HERE OR CAN WE ADD SOMETHING AS FAR AS A RESTRICTION ON WHEN THOSE DELIVERY TRUCKS ARE ENTERING AND EXITING? YES. YOU COULD ADD THOSE DELIVERY TIMES AND YOU COULD ALSO, WITH THE REVISION OF THEIR SITE PLAN, THEIR THE DELIVERY ROUTE WOULD COME IN OFF OF 287 AND GO TO THE SIGNAL, OR IF THEY'RE COMING FROM THE TOM THUMB, WHICH WOULD BE UP NORTH, THEY WOULD COME DOWN, USE THE SIGNAL, GO AROUND AND GO OUT TO THE FREEWAY. SO THEIR, THEIR ROUTING THE TRUCKS WOULD USE THE SIGNALIZED INTERSECTIONS TO GET IN AND OUT. OKAY. THE PARKING LOT, I'M NOT SURE OF THE TERM, THE END PIECE ON THE PARKING LOT THAT WOULD NORMALLY HAVE GRASS. SO KROGER, WHEN THEY WERE ORIGINALLY BUILT, THEY PUT IN REAL GRASS SPRINKLER SYSTEMS, ALL OF THAT. THEY HAVE SINCE REPLACED IT TO TURF TO MINIMIZE WATER USAGE.

IS THAT SOMETHING THAT HAS BEEN DISCUSSED OR CONTEMPLATED WITH THE APPLICANT? NOT AT THIS TIME.

THEY WERE PROPOSING THE GRASS. OKAY. AND. I THINK THAT'S ALL MY QUESTIONS. RIGHT. THANK YOU.

OTHER QUESTIONS. SO JUST CONFIRMING NO DRONE USE ON THIS PROPERTY. NO DRONES IN MIDLOTHIAN. ALL RIGHT. GREAT. SO THE APPLICANT HERE WISHES TO SPEAK. CAN YOU COME UP AND STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS, PLEASE? OKAY. CHAIRMAN SKINNER AND MEMBERS OF THE PLANNING COMMISSION. MY NAME IS KENT STEINBACH AND I LIVE IN DALLAS, TEXAS, SO I DON'T LIVE HERE. THIS IS MY SON, LUKE. WE'RE WITH THE SAME ORGANIZATION.

WE'VE BEEN IN REAL ESTATE ABOUT 35 YEARS. MATTER OF FACT, I WORKED WITH YOUR CITY SOME 22 YEARS AGO ON THE FIRST WALMART. AND SO I'VE BEEN INVOLVED WITH YOUR TOWN FOR A WHILE. LIKE MOST MISUNDERSTANDINGS, THEY START WITH POOR COMMUNICATION. AND WE WERE REALLY STARTED OFF ON THE WRONG FOOT ON THIS. WE DIDN'T COMMUNICATE WELL, WE WERE POOR LISTENERS. AND WHEN WE REALIZED THAT, WE TAPPED THE BRAKES AND WE DECIDED THAT WE NEEDED TO GO BACK AND LISTEN TO WHAT THE NEIGHBORS WANTED AND THE LEADERSHIP WANTED. SO FOR THE LAST SIX MONTHS, WE HAVE WORKED TIRELESSLY TO COME UP WITH SOMETHING THAT WE THINK IS EXCITING. AND, AND WE THINK THAT GOES ABOVE AND BEYOND TO HELP THE CITY AND THE NEIGHBORS AND MAKE SOMETHING WORK ON THIS PROPERTY. THAT WOULD BE EXCITING. AND SO WHAT WE'D LIKE TO SHOW YOU AFTER WE'VE BEEN LISTENING AND WORKING AND HEARING WHAT WE CHANGED THIS DEVELOPMENT TO LOOK LIKE, AND I THINK YOU'LL SEE THAT WE MADE A LOT OF STRIDES FROM THE FIRST TIME THAT WE TALKED SOME 7 OR 8 MONTHS AGO. AND SO WE'RE CALLING THIS EAST SIDE VILLAGE. AND WE'LL START WITH THIS RENDERING HERE. WHAT WE REALIZED IN IN TALKING WITH THE CITY AND WITH THE NEIGHBORS IS ONE OF THE BIG CONCERNS WAS A LARGE ANCHOR LIKE WALMART BEING TOO CLOSE TO THE ■NEIGHBORS. AND WHEN WE HEARD THAT, WE DECIDED TO REALLY DELVE INTO THE SITE PLAN AND TRY TO FIGURE OUT HOW CAN WE MINIMIZE A STORE'S IMPACT FROM A NEIGHBORHOOD? AND WHAT YOU SEE HERE IS WALMART NOW HAS BEEN REORIENTED TOWARDS WALNUT GROVE. AND WE HAVE A JUST TO ADD REAL QUICK, WE'RE SITTING RIGHT ABOVE 287 IN THIS RENDERING. SO THAT'S THE EYE DOCTORS BUILDING, DOCTORS OFFICE BUILDING JUST RIGHT AT THE BOTTOM, JUST SO PEOPLE HAVE AN ORIENTATION. AND THEN OVER ON THE LEFT IS WALNUT GROVE. YEAH. AND SO THIS IS OUR VISION AGAIN THAT WE CAME BACK WITH AFTER WE WORKED AND LISTENED TO LEADERSHIP AND TO WHAT PEOPLE WANTED. AND SO WHAT WE DID WAS, IS WE PULLED THE WALMART STORE, WHICH IS ALMOST TWO FOOTBALL FIELDS, 585FT FROM THE BACK PROPERTY LINE OF BRIDGEWATER. AND WE PUT THE RESIDENTIAL AND THEN WE CAME UP WITH A PARK AND THEN THE STORE. AND THE IDEA WAS, IS TO BUFFER AND INSULATE ANYTHING THAT MIGHT BE DISRUPTIVE TO THE NEIGHBORHOOD AND TAKE IT AWAY AND FACE IT TOWARDS WALNUT GROVE. AND SO YOU CAN SEE WHAT THAT LOOKS LIKE THERE. NOW, THIS IS THE PROPERTY THAT WE NOW HAVE UNDER

[01:15:04]

CONTROL AND WOULD BE PART OF THE DEVELOPMENT FOR THIS PD. YEAH, FOR THIS THIS IS THE 55 ACRES SHOWN WITH THE GREEN LINES. AND THIS IS THE GREEN LINES HERE. RIGHT DOWN HERE ON THE BOTTOM RIGHT IS JUST HOW WE ENVISION IT COULD BE DEVELOPED ON THE PROPERTY NEXT DOOR WITH THE CROSS ACCESS WE'D HAVE WITH THEM. OKAY, SO LET'S GO TO THE NEXT STORE. SO AS SHE MENTIONED, THIS IS EXISTING ZONING. THE GREEN IS AGRICULTURE AND THE RED IS COMMERCIAL. THAT'S RIGHT.

SO THIS CORNER IS COMMERCIAL RIGHT THERE. THIS IS THE PROPERTY I WAS SAYING IT'S JUST NEXT TO US ON THE BOTTOM RIGHT. AND THEN THIS IS THE THIS IS THE AG. AND THEN THESE ARE THOSE HOMES ON BRIDGEWATER RIGHT HERE. AND THEN THIS IS THE SF ONE RIGHT THERE. SO THAT'S THE EXISTING ZONING. YEAH. SO AND AGAIN THIS WAS MENTIONED FUTURE LAND USE. AND THIS IS THE REASON WE THINK WE HAVE AN EXCEPTIONAL PLAN HERE. BECAUSE IF DOWN THE ROAD THIS WERE DEVELOPED INTO MULTIFAMILY, WE FEEL LIKE OUR DEVELOPMENT IS MUCH MORE COMPATIBLE WITH THE BRIDGEWATER THAN IF MULTIFAMILY WENT THERE. THIS IS A RENDERING THAT WE DID THAT YOU CAN DO ON.

YOU COULD AN EXAMPLE OF WHAT YOU COULD DO WITH THE EXISTING ZONING. NOW YOU HAVE THE COMMERCIAL HERE ON FRONT ON 287. WE COULD DO THIS BY RIGHT NOW. AND THEN THAT IS A VIEW OF WHAT MULTIFAMILY WOULD LOOK LIKE THERE IF IT WENT IN THE FUTURE. AND YOU CAN SEE THAT WHY WE FEEL LIKE THAT WE ARE HELPING THE TRANSITION QUITE A BIT BY BUFFERING LOW UNITS PER ACRE AND A PARK AND NOT HAVING A, A POTENTIAL MULTIFAMILY DEVELOPMENT. THAT'S RIGHT. NOW THIS IS THIS IS I'LL PASS THIS REAL QUICK. THIS IS SENATE BILL 840. IT WAS PASSED LAST YEAR, THE TEXAS, THE STATE SENATE. I'VE NEVER SEEN THIS BEFORE. CONCERNED ABOUT IT WAS LIKE 350, 000 UNITS SHORT OF HOUSING LAST YEAR BECAUSE OF SO MUCH GROWTH IN TEXAS, SENATE GOT INVOLVED WITH ZONING. AND THEY SAID IN ALL LARGE TOWNS LARGER THAN MIDLOTHIAN, IF YOU HAVE COMMERCIAL ZONING, YOU CAN GO PUT MULTIFAMILY IN BY. RIGHT. AND THIS LAST QUOTE SAYS THAT THEY COULD POTENTIALLY GO TO LOWER POPULATION THRESHOLDS TO CITIES TO ALLOW MULTIFAMILY TO BE BUILT. SO WE JUST WANT TO PASS THAT ON. YEAH, THIS ISN'T SOMETHING THAT COULD BE DONE TODAY, BUT IT'S JUST THE WAY SOME OF THE LEGISLATION HAS GONE. WE JUST WANTED PEOPLE TO BE AWARE OF THAT. YEAH. OKAY. SO THIS IS A BIRD'S EYE VIEW OF THE DEVELOPMENT. AND LUKE, YOU MIGHT SHOW THEM AGAIN, THE REASON WE'RE SO HIGH ON THIS IS BECAUSE WE THINK WE HAVE A UNIQUE OPPORTUNITY TO BUFFER BRIDGEWATER FROM THE DEVELOPMENT AND MINIMIZE THE IMPACT BY HAVING ALMOST TWO FOOTBALL FIELDS ON THE EAST AND THEN 830FT FROM THE NORTH FROM THE STORE. AND YOU CAN SEE AGAIN, THE THE RESIDENTIAL AND THEN THE PARK. AND THIS THIS AREA IN BLUE WAS THE AREA THAT IS NOT A PART OF THE ZONING. IT'S STILL ON THAT RIGHT NOW.

WE, WE, WE WERE EXCITED ABOUT THIS ENOUGH TO SAY, CAN WE GIVE YOU A VISION AND MORE OF A BIRD'S EYE VIEW OF, OF WHAT THIS WOULD LOOK LIKE AND WHAT WE WOULD LIKE TO DEVELOP THIS LIKE? AND SO WE PUT THIS IN HERE. SO YOU CAN SEE, BECAUSE I THINK IT'S HARD SOMETIMES TO UNDERSTAND WHAT DEVELOPMENT LOOKS LIKE UNLESS YOU GET A RENDERING AND A VISION. SO THIS IS STARTING ON 287. THIS BUILDING RIGHT HERE IS THE CURRENT EYE DOCTORS BUILDING THAT IS EXISTING. THAT'S RIGHT. SO IF WE PLAY THIS VIDEO YOU CAN SEE THE, THE TRAIL WITH THE, THE PARK RIGHT THERE. WE HAVE A COUPLE PADS FOR SIT DOWN RESTAURANTS. THERE'S WALMART'S FUEL, THERE'S A POND BACK THERE WITH A FOUNTAIN, A LIVE POND, NOT A DRY POND. YOU CAN SEE THE BUFFER RIGHT HERE BETWEEN WALNUT GROVE AND WALMART. AND THEN YOU CAN SEE RIGHT HERE WE HAVE MORE ZERO LOT LINE TYPE HOMES. COULD BE TOWNHOME STYLE AS WELL. BUT THE IDEA IS A LITTLE BIT OF A LOWER DENSITY OR HIGHER DENSITY, I GUESS AS YOU GET TO THE PARK AND THEN TO THE WALMART, YOU CAN SEE THE TRAIL THAT'S RUNNING THROUGH RIGHT THERE. THERE IS THE POND WITH THE FOUNTAIN. AND THEN WE'RE GOING TO ZOOM IN ON JUST ONE OF THE RESTAURANTS THAT WE.

YEAH, GO AHEAD. LET ME KEEP GOING. YEAH. GO AHEAD. STOP THAT REAL QUICK THERE. SO WHAT WE WANT TO SAY IS, IS THAT IF WE CAN GET AN ANCHOR LIKE WE'RE TALKING ABOUT, WE HAVE INTENTIONS OF BRINGING A FANTASTIC TYPE RESTAURANTS, SIT DOWN RESTAURANTS TO THIS AREA THAT WE FEEL LIKE WOULD REALLY BENEFIT MIDLOTHIAN. THIS IS AN EXAMPLE OF WHAT WE'D LIKE TO TRY TO DO AND THE PEOPLE WE'RE TALKING TO, AND SOMEONE LIKE THIS WOULD BE HIGHLY INTERESTED IN GOING AT THIS LOCATION. IF WE COULD PULL THIS OFF FROM THE ANCHOR, HELPS US TO DO THAT, TO

[01:20:04]

BRING THEM IN ANCHOR. SO HERE'S, HERE'S AN EXAMPLE OF THE TYPES OF USERS THAT WE'VE BEEN ENGAGING WITH THAT WE THINK WOULD BE GOOD HERE. SO NOW WE'RE GOING TO GO DOWN 287 GOING WEST IN A SECOND. HERE WE ARE GOING WEST. SO THERE'S THERE THERE'S THEIR FUEL. THIS ACTUALLY HAS TOPO TOPO FROM OUR UTILITY PLAN. AND THEN THIS IS THE CORNER RIGHT HERE THAT SHOWS ANOTHER OPPORTUNITY FOR A SIT DOWN RESTAURANT. AND YOU CAN SEE HOW THE SITE KIND OF GOES UP AND THEN BACK BASED OFF THE GRADING. AND THEN THIS JUST GOES NORTH ON WALNUT GROVE RIGHT HERE. AND THEN YOU CAN SEE THERE'S THE WALMART BACK THERE. YEAH. AND SO AGAIN, THE TOPO AND SETTING THE, THE STORE FURTHER OFF THE STREET KIND OF HIDES IT AS YOU'RE GOING DOWN THE STREET. ONE THING WE JUST WANTED TO NOTE THAT BASED ON CODE, WE'D BE REQUIRED TO HAVE 62 TREES, AND WE'VE ACTUALLY ADDED 200 MORE TREES TO THE PLAN. MOST OF THOSE ARE AT THE ENTRYWAYS. AND THEN WE JUST DID A COMPARISON TO SOME RECENT DEVELOPMENTS THAT HAVE GONE IN THE TOM THUMB DEVELOPMENT AND THE LOWE'S DEVELOPMENT, COMPARED WITH OUR EAST SIDE VILLAGE. AND TOM THUMB AND LOWE'S BOTH HAVE DRIVE THRUS PERMITTED. SO TOM THUMB HAS FOR LOWE'S HAS THREE. AND WE'RE ASKING FOR NONE BECAUSE WE THINK THAT IT WOULD BE A GOOD OPPORTUNITY TO BRING THOSE SIT DOWN USERS IN. AND THEN TOM THUMB AND LOWE'S, BOTH BORDER HOMES DIRECTLY, AND WE'RE BORDERED BY A PARK. AND THEN WE'RE GOING TO HAVE THOSE HIGHER DENSITY HOMES, AND THEN WE'RE GOING TO BE NEXT TO HOMES. SO THERE'S THAT NEARLY TWO FOOTBALL FIELD BARRIER. AND THEN BOTH TOM THUMB AND LOWE'S HAVE A DRY POND, AND WE ARE PROPOSING A WET POND WITH A FOUNTAIN. AND THEN TOM THUMB ALSO HAS STORAGE. SO THANK YOU FOR YOUR TIME AND WE'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. YEAH. DO YOU HAVE ANY QUESTIONS ANY THOUGHTS OR COMMENTS? WE HAVE WE'RE HERE. WE HAVE SOME EXPERTS HERE THAT ARE WORKING WITH US. WE EVEN HAVE SENIOR DIRECTOR OF WALMART REAL ESTATE HERE WITH US, IF YOU HAVE QUESTIONS WITH THEM. BUT AGAIN, I'LL JUST MENTION AND I WANT TO REPETITION FOR DEFINITION IS THAT WHEN YOU LOOK AT THIS SITE, UNLESS IT JUST REMAINS A PARK FOREVER, WE FEEL LIKE THE BUFFER THAT WE HAVE DESIGNED IS EXTREMELY UNIQUE BECAUSE WE SET ASIDE A AND WE LIMIT THE DENSITY AND HOW HEAVILY IT IS USED, WHICH MOST PEOPLE COULD NOT DO IN THIS DEVELOPMENT. AND TO ADD TO THAT, THE IDEA ON THESE HOMES, THE HIGHER DENSITY HOMES, IS MORE LIKE WHAT'S FOUND ON OVER ON JUST NEAR GEORGE HOPPER, WHERE IT'S SOME OF THOSE SMALLER TYPE HOMES THAT AREN'T IS IN THE CITY AS MUCH WHERE MAYBE PEOPLE ARE SELLING THEIR, THEIR BIG LOTS AND BIG HOMES AND DOWNSIZING INTO SOMETHING SMALLER BECAUSE THEY STILL WANT TO REMAIN IN THE CITY. YEAH. AND AGAIN, THAT CAME FROM TALKING TO LEADERSHIP AND PEOPLE IN YOUR CITY THAT SAID, YOU KNOW, I, I LIVE IN THIS LARGE HOME. I'D LIKE TO MOVE SOMEWHERE INTO A SMALLER HOME, MORE OF A RETIREMENT TYPE HOME. AND SO AGAIN, THAT IS THE VISION FOR THAT BUFFER AREA. AND, AND, AND ALSO TO CREATE A WALKABILITY AND A MIXED USE TYPE DEVELOPMENT THAT PEOPLE WOULD REALLY ENJOY. COMMISSIONER. SO YOU'RE ENVISIONING THIS IS KIND OF LIKE A MID, THE, THE RESIDENTIAL IS LIKE A MIDTOWN DEVELOPMENT WHERE, BUT WITH WALKABILITY TO A RETAIL AND RESTAURANTS. THAT'S RIGHT.

THAT'S RIGHT. YEAH. HOW WOULD THE, THE MAINTENANCE OF THE PARKS AND THE GREEN SPACES BE TAKEN CARE OF? YEAH. GOOD QUESTION. OUR, OUR INTENT IS TO PUT IT IN A PROPERTY OWNER'S ASSOCIATION. AND SO HAVE THE OWNERS OF THESE 55 ACRES ALL, ALL CONTRIBUTE TOWARDS THE MAINTENANCE OF THAT. AND SO IT WOULD IT WOULD BE WELL MAINTAINED AND KEEP THE THE POND RUNNING AND EVERYTHING. THANK YOU. ADDITIONAL QUESTIONS. AND MAYBE YOU CAN ANSWER THIS.

AND MAYBE THE WALMART REP CAN ANSWER THIS REGARDING THE PARKING LOTS AND THE ASTROTURF ON THE IN PIECES. IS THAT SOMETHING THAT YOU ALL HAVE LOOKED AT OR CONSIDERED? JOE, DO YOU WANT TO ANSWER THAT OR. JOE ALBRIGHT HERE? COME ON. YOU COULD STEP UP AND STATE YOUR NAME IN FRONT OF THE MICROPHONE, SIR. AND YOUR ADDRESS AS WELL, PLEASE. JOE ALBRIGHT, SENIOR DIRECTOR OF REAL ESTATE. I LIVE IN BENTONVILLE, ARKANSAS. WE DID TAKE THAT MEASURE TO CONSERVE WATER IN SEVERAL PLACES. SO DEPENDING ON THE MUNICIPALITY, WE ADJUST WHAT'S REQUIRED. SO AT YOUR DIRECTION, WE'LL GO EITHER WAY. BUT IT WAS A WATER SAVING MEASURE. WE DO LOVE THE IDEA OF SAVING WATER. SO WHILE YOU'RE HERE, LET ME ALSO ASK YOU IN REGARDS TO THE CONCERNS ABOUT TRAFFIC, SPECIFICALLY THOSE DELIVERY TRUCKS. WHAT HAVE YOU DONE AT OTHER LOCATIONS, AND WHAT COULD YOU OFFER HERE TO MINIMIZE THOSE CONCERNS? WELL, IT'S REALLY UNIQUE BECAUSE WE HAVE CONTROL OVER OUR OWN FLEET FOR THE DELIVERIES FROM LANCASTER,

[01:25:05]

FROM OUR PERISHABLE DISTRIBUTION CENTER, AS WELL AS CLEBURNE, SO WE CAN ADJUST THAT SCHEDULE AS NEEDED TO COMPLY WITH WHATEVER THE GUIDELINES ARE HERE. I KNOW THERE ARE SOME CONCERNS BEFORE ABOUT US TRAVELING UP CLOSER TO 1387, ALL THE DELIVERIES FROM HERE, WHICH I GUESS, LOOK, WE HAVE A SITE PLAN SHOW OUR TRUCK ROUTES COMING OFF OF 287 SO WE'LL NOT VENTURE UP NORTH OUT OF THERE AT ALL. OKAY. APPROXIMATELY HOW MANY JOBS ARE CREATED BY WALMART? BETWEEN 2 AND 300 DIRECT. AND THAT DOESN'T INCLUDE CONSTRUCTION JOBS OR ANY OF THE SUPPLEMENTAL ASSISTANCE WE HAVE THAT HELP KEEP THE STORE RUNNING. OKAY. I THINK THAT'S ALL OF MY QUESTIONS AT THIS TIME. THANK YOU. WHAT ARE THE HOURS OF OPERATION OF THIS LOCATION? 6 TO 11 IS OUR CONSISTENT OPERATING STANDARD AROUND DFW.

THANK YOU. ADDITIONAL QUESTIONS. WHEN WAS THE TRAFFIC IMPACT DONE? WAS IT DONE BEFORE OR AFTER? TOM THUMB GOOD QUESTION. SO ORIGINALLY THE TRAFFIC STUDY WAS DONE LAST YEAR AND AFTER MEETING WITH STAFF DURING THE DEVELOPMENT REVIEW COMMITTEE MEETING, THERE WAS CONCERNS THAT IT COULD HAVE INCREASED. AND SO THEY ACTUALLY WENT AND TOOK MORE TRAFFIC COUNTS AFTER SCHOOL STARTED. SO THEY TOOK TRAFFIC COUNTS, I BELIEVE, ABOUT A WEEK AFTER SCHOOL STARTED. WE DO HAVE THE TRAFFIC ENGINEER HERE WHO DID THE STUDY AND WORKED WITH STAFF ON THAT.

SO THEY JUST WANTED TO BE SURE THAT THE ONE LAST YEAR WAS STILL RELEVANT BECAUSE TRAFFIC HAS INCREASED SINCE THEN. I KNOW THAT ONE OF THE CONCERNS, OR ONE OF THE BIGGER CONCERNS, IS TRAFFIC IN THE AREA. I THINK THE LIGHTS ARE GOING TO BE A POSITIVE THING, BUT CAN YOU GO THROUGH YOUR GENERAL TRUCK ROUTE? YES. SO THERE'S THERE'S TWO TRUCK ROUTES RIGHT NOW.

THERE'S ONE FOR THE STORE AND THEN THERE'S ANOTHER ONE FOR THE FUEL. SO THE FUEL WILL ACTUALLY COME IN OFF. 287 RIGHT HERE AT CURB CUT ONE AND IT WILL GO INTO THE FUEL AND THEN COME BACK TO 287. THE STORE HAS A TRUCK DOCK ON THE SOUTH SIDE AND THE NORTH SIDE. AND SO SOME OF THE TRUCKS WILL COME IN, DRIVE ONE, COME UP HERE, DOCK AND THEN COME AROUND AND EXIT.

DRIVE THREE AND GO BACK TO 287 AND SOME OF THEM WILL COME IN. DRIVE THREE, DOCK RIGHT THERE AND THEN COME OUT. DRIVE ONE ONTO 287. SO ALL OF THE TRUCK ROUTES ARE ACTUALLY CONTAINED WITHIN THIS DEVELOPMENT. AS JOE WAS SAYING, THERE'S THERE'S NO TRUCKS THAT WOULD BE HEADED NORTH ON WALNUT GROVE. I, I KNOW THAT THAT'S BEEN A CONCERN. I BELIEVE, IF I'M NOT MISTAKEN, THAT THAT THAT WALNUT GROVE IS RESTRICTED FOR TRUCK ACCESS. DOES THAT AFFECT YOUR TRUCK ROUTES? I'M GOING TO ASK IF THE CIVILS KNOW THAT QUESTION. WELL, NO, IT IF THEY'RE DOING LOCAL DELIVERIES ON 287, THEY'RE ALLOWED TO BE THERE EVEN ON WALNUT GROVE. YES. THAT'S WITH ALL TRUCK ROUTES. IF THEY'RE THE TRUCK ROUTE. NO. HAVING TRUCKS IS YOU CAN'T JUST CUT THROUGH. YOU ACTUALLY HAVE TO BE MAKING DELIVERIES THROUGH THERE. OKAY. ALSO WITH THE RESIDENTIAL THAT'S PLANNED TO GO IN BEHIND IT, IS THERE ANOTHER ACCESS POINT FOR THEM THAT WE'RE LOOKING AT BECAUSE Y'ALL DON'T OWN THE COMMERCIAL PORTION SOUTH OF YOU. SO WE COULDN'T ADD THAT ROAD THROUGH CURRENTLY. THAT'S THAT'S CORRECT. SO WE HAVE TO HAVE TWO POINTS OF ACCESS FOR THE AMOUNT OF UNITS THAT WE'RE PROPOSING. AND SO ONE OF THEM IS GOING TO COME IN OFF. THREE THIS IS THE FIRST POINT OF PUBLIC ACCESS RIGHT THERE. AND THEN THE OTHER ONE, THIS OWNER IS THE SAME OWNER THAT WE'RE ACTUALLY BUYING FROM HERE. AND SO WE ARE WORKING WITH THEM ON A CURB CUT RIGHT HERE, NOT A CURB CUT. SORRY, A POINT OF ACCESS THAT WILL BE IN THE BACK OF THEIR LOT. SO THAT'S WHAT WE'RE WORKING WITH. I'M SORRY. I SHOULD HAVE ASKED THE QUESTION OF OF THE GENTLEMAN FROM WALMART. APPROXIMATELY HOW MANY TRUCKS DELIVERY TRUCKS ARE THERE TO A STORE OF THIS SIZE? ON AN AVERAGE DAY, AVERAGE DAY WOULD BE 3 TO 4 IN THE HOLIDAYS. IT CAN BE SLIGHTLY MORE. THAT WOULD BE THE 18 WHEELER TRUCKS, DSD DIRECT STORE DELIVERY TRUCKS WOULD BE MORE FREQUENT BREAD, COKES, MILK. THOSE COME DAILY AND THOSE ARE MORE OF THE SMALLER PROFILE TRUCKS NORMALLY. THERE'S NO QUESTIONS. ALL RIGHT.

[01:30:04]

THANK YOU. THANK YOU. ALL RIGHT. WE HAVE A LOT OF PEOPLE THAT WANT TO SPEAK. SO BEFORE WE GET STARTED I JUST WANT TO LET SOME GROUND RULES OUT. I GUESS IF YOU WANT TO CALL THEM THAT, EVERYBODY WILL BE LIMITED TO THREE MINUTES OF SPEAKING. WE WILL CALL YOU UP. WHOEVER'S COMING UP. WE WILL CALL. WE'LL CALL SECOND PERSON UP TO BE IN LINE AND NEXT SO WE CAN KEEP IT MOVING. I WOULD ASK YOU TO RESPECT THE PEOPLE THAT ARE UP HERE SPEAKING. SO NO CLAPPING, NO APPLAUSE, ANYTHING LIKE THAT. LET'S KEEP IT MOVING IN THAT DIRECTION. WE'LL GO FROM THERE.

COREY. THESE PEOPLE WILL BE CALLED IN A RANDOM ORDER. THERESA BURTON, NON SPEAKER IN OPPOSITION. TIM WILKINS, SPEAKER IN SUPPORT. IF YOU COULD PLEASE COME UP TO THE PODIUM. AND WHILE TIM IS MAKING HIS WAY DOWN HERE, I JUST WANT TO SAY THANK YOU ALL FOR BEING HERE TONIGHT. I HOPE YOU'VE ENJOYED THE FIRST COUPLE HOURS AND SEEING EVERYTHING THAT WE'RE DOING. IF YOU WANT TO GET INVOLVED, APPLICATIONS CAN BE FOUND ONLINE AND WE'D LOVE TO HAVE MORE PEOPLE HERE. THANKS. SO JUST A MINUTE. WE'RE GOING TO PULL THE THE SITE PLAN BACK UP ON THE SCREEN REAL QUICK. THIS WILL NOT IMPACT ANYONE'S TIME.

OKAY. GO AHEAD. THANK YOU. ANDREW, YOU HAVE THREE MINUTES, SIR. COMMISSIONERS, MY NAME IS TIM WILKINS. I LIVE IN MIDLOTHIAN. I READ THE 47 PAGES OUT OF THE BIG PACKET ON THIS PROJECT. AND I PREPARED A SPEECH THAT WAS AROUND THREE MINUTES LONG. BUT BASED ON THAT REALLY GREAT PRESENTATION WE JUST DID, I'M JUST GOING TO CONDENSE IT TO THIS SEEMS LIKE A REALLY GREAT OPPORTUNITY TO WORK WITH A PARTNER WHO IS GOING OUT OF THEIR WAY TO MOLD A PROJECT IN THE WAY THAT MIDLOTHIAN WOULD PROBABLY WANT IT THE MOST. SO I SUPPORT THIS AND I HOPE YOU GUYS WILL TOO. THANK YOU. THANKS. JUST GIVE ME ONE MOMENT. NEXT PERSON, TRAVIS LAWRENCE, SPEAKER IN OPPOSITION. PLEASE STATE YOUR NAME AND YOUR ADDRESS, PLEASE, SIR, OR WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. GOOD EVENING, CHAIRMAN AND MEMBERS OF THE COMMISSION. MY NAME IS TRAVIS LAWRENCE AND I LIVE AT 4430 CAPSTONE ROAD IN THE BRIDGEWATER SUBDIVISION. I'M HERE TO SPEAK IN OPPOSITION OF ITEM Z21-2026-61. I WANT TO BRING KNOWLEDGE, SOMETHING THAT WE ALL SHARE A DEEP INVESTMENT IN THE COMMUNITY, NOT JUST FINANCIALLY BUT PERSONALLY. MIDLOTHIAN'S WHERE WE ARE RAISING OUR FAMILY, BUILDING OUR FUTURE, AND PUTTING DOWN ROOTS. THIS IS PRECISELY WHY THIS PROPOSAL FOR A WALMART SUPERCENTER DESERVES OUR MOST CAREFUL SCRUTINY. OUR OWN COMPREHENSIVE PLAN, ADOPTED JUST LAST YEAR, CALLS ON THE CITY TO PROTECT MIDLOTHIAN QUALITY OF LIFE BY KEEPING THE COMMUNITY FIRST IN POLICY AND GROWTH INITIATIVES THAT ADDRESSES THE NEED OF EXISTING AND FUTURE RESIDENTS. THIS IS NOT MY LANGUAGE. THIS IS THE GUIDING PRINCIPLE THE BOARD HELPED ADOPT, AND IT SHOULD NOT BE THE LENS THROUGH WHICH WE EVALUATE EVERY DEVELOPMENT THAT COMES BEFORE US. LET'S TALK ABOUT WHAT'S AT STAKE. FOR MOST OF US, OUR HOME IS OUR SINGLE LARGEST FINANCIAL ASSET. REAL ESTATE RESEARCH CONSISTENTLY SHOWS THAT HOMES THAT IMMEDIATELY ADJACENT TO A LARGE SCALE COMMERCIAL DEVELOPMENT WITHIN ROUGHLY HALF A MILE OFTEN EXPERIENCE A MEASURABLE DECLINE IN VALUE. THE REASONS ARE INCREASED TRAFFIC, NOISE, LIGHT POLLUTION, AND FUNDAMENTAL CHANGES IN THE CHARACTER THAT DREW HOMEOWNERS TO THE NEIGHBORHOODS IN THE FIRST PLACE. THANK YOU FOR YOUR TIME. THANK YOU. SCOTT. SPEAKER,

[01:35:04]

I APOLOGIZE IN OPPOSITION. YOU'D STATE YOUR NAME, WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. SIR SCOTT BOURGEOIS I LIVE AT 1206 FIELDSTONE DRIVE IN THE BRIDGEWATER SUBDIVISION.

I'D LIKE TO START BY CONGRATULATING YOUR STAFF ON GETTING A MUCH BETTER PRESENTATION THAN WE GOT. AND STEINBECK FOR STAYING BACK, FOR PUTTING TOGETHER SOMETHING THAT'S MUCH BETTER THAN WHAT WE GOT OUR FIRST TIME OUT. MY FOCUS IS ON THEIR PRESENTATION AND WHAT THEY PUT IN FRONT OF US. THEY USED A LACK OF COMMUNICATION, A LACK OF PLANNING, AND THERE WERE SOME MEASURES THAT WERE MEANT TO SCARE SCARE TACTICS AGAINST THE RESIDENTS. SO BY THEIR OWN ADMISSION, STAYING BACK DID AN EFFECTIVE JOB OF COMMUNICATING NEW PLANS. THEIR FIRST MEETING WAS POORLY ATTENDED BECAUSE HARDLY ANYONE KNEW ABOUT IT.

IT'S STILL NOT CLEAR WHAT, IF ANYTHING, WAS DONE TO INFORM THE RESIDENTS. AT THE END OF THE FIRST MEETING, THEY WERE ASKING US, THE RESIDENTS, TO HELP SPREAD THE WORD ABOUT A MEETING COMING IN FOUR DAYS. SO THEY ASKED THE BRIDGEWATER RESIDENTS TO ASSUME THE RESPONSIBILITY OF COMMUNICATING STEINBECK'S PLANS WHEN IT APPEARS THEY DIDN'T MAKE MUCH OF AN EFFORT THEMSELVES. THE PRESENTATION BY STEINBECK. THROUGHOUT THE PRESENTATION, THEY POINTED OUT NUMEROUS THINGS THAT WERE STILL A WORK IN PROGRESS. LOOKS LIKE SOME OF THAT'S BEEN CLEANED UP NOW. THE TWO PRESENTERS CORRECTED EACH OTHER QUITE A BIT ON VARIOUS ITEMS, SO THEY DIDN'T EXACTLY AGREE WHAT WAS BEING DONE. MY COMMENT ABOUT THE GREEN SPACE AND THE HOUSING SURROUNDING THE WALMART IS THEY HAD NO IDEA WHO, WHAT OR HOW IT WAS GOING TO BE BUILT. ONLY CHAT QUESTIONS AND COMMENTS WERE ALLOWED. THE PRESENTERS STRUGGLED TO MANAGE THAT INFORMATION. THE OVERALL EFFORT BY STAYING BACK TO COMMUNICATE PLANS TO BRIDGEWATER RESIDENTS FAILED DUE TO THEIR LACK OF PLANNING AND EFFORT. IT WAS NOT WELL THOUGHT OUT AND IT WAS POORLY EXECUTED. THE FEAR FACTOR PART THEY BROUGHT UP TONIGHT, WHICH WAS SENATE BILL 858 40, THAT THIS IS GOING TO CAUSE APARTMENTS TO BE BUILT NEXT TO OUR PROPERTIES. WELL, WHEN WE LOOKED AT THIS SEVERAL DAYS LATER, WE FOUND THAT IT'S NOT REALLY APPLICABLE TO THAT PARTY, TO THAT PROPERTY. SO IN THE FUTURE IT MAY BE, BUT IT'S NOT NOW. SO BRINGING THAT UP NOW REALLY POINTS TOWARD JUST TRYING TO GET PEOPLE TO BE A LITTLE WORRIED ABOUT WHAT'S GOING TO HAPPEN ON THAT PROPERTY IF WALMART DOESN'T GET THERE. SO IN CONCLUSION, THE BRIDGEWATER COMMUNITY WAS NOT PRESENT, WAS NOT GIVEN A GOOD PRESENTATION ABOUT WHAT WAS BEING DONE HERE. I DON'T THINK ANY EFFORT WAS MADE. STAYING BACK ATTEMPTS TO MANAGE THE Q AND A SEVERELY HAMPERED BY NOT HAVING A RESOURCE FOCUS TO MANAGE THAT DATA. SO A LACK OF PREPARATION IN BRINGING THAT THING FORWARD. THE REFERENCE TO STATE LAW, WHICH ALLOWS APARTMENTS TO BE BUILT IN OUR BACKYARDS, IS A BLATANT ATTEMPT TO SCARE TACTICS. IT WAS NOT SAID THIS COULD BE HAPPENING IN THE FUTURE. IT WAS SAID THIS COULD HAPPEN TOMORROW. SO WE ASK THAT YOU DENY THIS, DENY THIS REQUEST. WE ALSO ASK THAT YOU PUBLICLY, PUBLICLY NOTIFY WALMART AND STAINBACK THAT UTILIZATION OF FALSE OR MISLEADING INFORMATION TO THE PUBLIC FOR PURPOSES OF GAIN ARE NOT GOING TO BE TOLERATED IN MIDLOTHIAN. THANK YOU. THANK YOU SIR. NEXT, JONATHAN PEOPLES, SPEAKER IN OPPOSITION THAT WAS MEANT TO BE A KNOCK ON SPEAKER. DAWN ALBERT, NON SPEAKER OPPOSITION. SHELBY DORSEY NON SPEAKER. OPPOSITION. SURE. COME ON. HELLO. STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS PLEASE. SHELBY DORSEY I LIVE IN MIDLOTHIAN, THE BRIDGEWATER COMMUNITY ON HANGING ARCHES AVENUE. I DIDN'T REALLY EXPECT TO COME UP HERE TODAY, BUT I. I JUST REALLY DON'T WANT THIS. IT'S. I USED TO WORK AT A WALMART AND I JUST THEY'RE THEY'RE CLAIMING THAT THERE'S THIS TWO FOOTBALL FIELD BUFFER. THERE'S NOT REALLY A BUFFER BECAUSE PEOPLE STILL HAVE TO LIVE THERE. THERE'S APARTMENT BUILDINGS RIGHT THERE. PEOPLE ARE GOING TO HAVE TO DEAL WITH THE FILTH AND THE TRASH AND THE NOISE. POINTING THE LIGHT AWAY DOESN'T ACTUALLY DO ANYTHING. OH MY GOD. THE WALMART I WORKED AT THAT HAD RAT INFESTATIONS. I HAD RAT POOP FALL ON MY HEAD WHEN I WAS STALKING THE SERIAL. THERE'S FLY INFESTATIONS. THE FRUIT'S GONNA ROT, THE MEAT'S GONNA ROT. BASICALLY. THERE'S. AND YOU CAN NEVER TRULY STICK TO THE LOADING SCHEDULE BECAUSE EVERYTHING'S JUST. THERE'S A REVOLVING DOOR. NO, JOBS ARE REALLY CREATED BECAUSE WALMART IS SO OPPRESSIVE AND HAS SUCH STRICT, LIKE, THERE'S SUCH A CULTURE OF MEETING METRICS THAT YOU BREAK DOWN YOUR BODY AND YOUR SOUL TO MEET THESE UNTIL

[01:40:05]

YOU JUST CAN'T DO IT ANYMORE. AND THEN YOU JUST GO, SO NO JOBS ARE ACTUALLY CREATED.

WE'RE CHRONICALLY UNDERSTAFFED, AND SO NO ONE'S ACTUALLY GOING TO BE PICKING UP. THERE'S JUST GOING TO BE TRASH EVERYWHERE. BECAUSE I KNOW, BECAUSE I LIVE NEXT TO A WALMART GROWING UP FOR YEARS AND KATY, TEXAS. AND THEN WE MOVED OUT HERE AND WE THOUGHT IT'D BE BETTER. AND NOW IT'S NOT BETTER AND NOW IT'S GOING TO BE NASTY. AND THANK YOU. GOODBYE. THANK YOU. NEXT SPEAKER IN OPPOSITION. YOU'D STATE YOUR NAME, PLEASE. AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. GOOD EVENING. I'M KELLY GLASSCOCK, THE CITY'S COMPREHENSIVE PLAN CALLS FOR PROTECTING RESIDENTIAL NEIGHBORHOODS FROM HIGHER INTENSITY DEVELOPMENT. THAT IS ESPECIALLY IMPORTANT, WITH A PROPOSED 180 100 ZERO SQUARE FOOT SUPERSTORE WITH 700 PARKING SPACES NEXT TO ESTABLISHED AND PLANNED RESIDENTIAL NEIGHBORHOODS.

THERE ARE MANY OUTSTANDING QUESTIONS THAT DIRECTLY IMPACT THIS COMMISSION'S ABILITY TO DETERMINE WHETHER THIS PROPOSAL IS CONSISTENT WITH THE COMPREHENSIVE PLAN. FIRST, THE PROPOSED RESIDENTIAL TRACK SUB AREA B IS PRESENTED AS THE TRANSITION AND THE BUFFER BETWEEN THE COMMERCIAL DEVELOPMENT AND SURROUNDING NEIGHBORHOODS. THE DRAFT PD DESIGNATES SUB AREA B FOR RESIDENTIAL DEVELOPMENT. I DO NOT SEE A DEADLINE, A PHASING REQUIREMENT OR ANYTHING REQUIRING THAT THE RESIDENTIAL COMPONENT TO BE BUILT BEFORE WALMART RECEIVES A C O. SO THE PHYSICAL RESIDENTIAL BUFFER BEING RELIED UPON TO SUPPORT COMPATIBILITY IS NOT ASSURED AND MAY NOT BE IN PLACE WHEN WALMART OPENS. THAT MEANS THE WALMART COMMERCIAL DEVELOPMENT SHOULD BE EVALUATED ON ITS OWN IMPACTS WITHOUT ASSUMING FUTURE RESIDENTIAL PHASE WILL PROVIDE THE BUFFER FOR THE SURROUNDING COMMUNITY. THERE IS A DISCREPANCY IN SUB SUBAREA B. THE STAFF REPORT LISTS MAXIMUM DENSITY OF SEVEN UNITS PER ACRE, WHILE THE DRAFT ORDINANCE SAYS TEN. THAT SHOULD BE CLARIFIED. SECOND TRUCK ROUTING, DELIVERY HOURS, IDLING OVERNIGHT STAGING AND QUEUING, ALONG WITH TRUCK AND LOADING DOCK NOISE SHOULD NOT BE LEFT TO ASSUMPTION. THOSE PROTECTIONS SHOULD BE CLEARLY ADDRESSED AND ENFORCEABLE IN THE PD. THIRD, THE STORE'S REAR SERVICE AREA, INCLUDING THE TRUCK DOCK COMPACTOR AND OUTDOOR STORAGE, IS LOCATED ALONG THE EAST SIDE OF THE BUILDING TOWARDS THE PROPOSED RESIDENTIAL TRACK IN BRIDGWATER. BEYOND IT, TRUCK AND LOADING DOCK NOISE AND GENERAL LIGHT SPILL ALONG THAT EDGE SHOULD BE SPECIFICALLY ADDRESSED AND ENFORCEABLE IN THE PD. FINALLY, I HAVE A CONCERN ABOUT THE PUBLIC ENGAGEMENT PROCESS. THE DEVELOPERS TEAMS MEETING CAME WITH VERY SHORT NOTICE AND LIMITED OUTREACH. IT DID NOT MEANINGFULLY ADDRESS THE QUESTIONS BEING RAISED TONIGHT. FOR A PROJECT OF THIS SCOPE AND INTENSITY, COMMUNITY ENGAGEMENT SHOULD PROVIDE MEANINGFUL OPPORTUNITY FOR RESIDENTS TO REVIEW THE PLAN, ASK QUESTIONS, AND RECEIVE ANSWERS. IF YOU WRAP IT UP, PLEASE. YES, THESE ISSUES GO DIRECTLY TO WHETHER THIS THIS PARTICULAR REZONING AND USE IS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOODS. I DON'T BELIEVE IT ADEQUATELY. THE PD ADEQUATELY, ADEQUATELY ADDRESSES THE PROJECTIONS CALLED FOR IN THE COMPREHENSIVE PLAN. I RESPECTFULLY ASK THAT YOU DO NOT RECOMMEND APPROVAL. THANK YOU FOR YOUR CONSIDERATION AND STEWARDSHIP OF THIS IMPORTANT PIECE OF LAND. THANK YOU. NEXT. ERICA HAYTON. SPEAKER IN OPPOSITION. COULD YOU STATE YOUR NAME, PLEASE, AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? CHAIRMAN, COMMISSIONERS, THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU THIS EVENING. MY NAME IS ERICA HAYDEN AND I DO RESIDE WITHIN MIDLOTHIAN AND IN THE BRIDGEWATER COMMUNITY. I HAVE THE HONOR TONIGHT OF SPEAKING ON BEHALF OF OVER 600 OF MY NEIGHBORS WHO HAVE SIGNED IN OPPOSITION TO THIS PROPOSAL. WHILE I HAVE MANY POINTS OF OPPOSITION TO THE EAST SIDE VILLAGE PROJECT, I'M GOING TO CONFINE MY REMARKS TO A SINGLE DISPOSITIVE ISSUE. DOES THIS

[01:45:01]

PROPOSAL COMPLY WITH GOAL LAND USE GOAL TWO OF THE MIDLOTHIAN 2045 COMPREHENSIVE PLAN, AND SPECIFICALLY STATE LAND USE STRATEGY, SUBSECTION TWO B, WHICH MANDATES TRANSITIONAL LOT DESIGN TO PROTECT EXISTING RESIDENTIAL NEIGHBORHOODS. THE PLANNING AND ZONING STAFF HERE TODAY HAVE ASSERTED THAT IT DOES. RESPECTFULLY, I DISAGREE WITH THEIR CONCLUSIONS. LAND USE TWO B IS TITLED PROTECT MIDLOTHIAN NEIGHBORHOODS BY REQUIRING TRANSITIONAL LOT DESIGNS. IT DOESN'T SIMPLY SAY THAT RESIDENTIAL LOTS SHOULD BE PLACED BETWEEN A NEIGHBORHOOD AND A MORE INTENSIVE USE. IT TELLS US WHAT AN EFFECTIVE TRANSITION IS SUPPOSED TO ACCOMPLISH. FIRST, IT REQUIRES NATURAL REGRESSION AND PROGRESSION OF LOT SIZES FROM ONE PROPERTY TO THE NEXT, PLACING A ROW OF VERY SMALL RESIDENTIAL LOTS NEXT TO AN ESTABLISHED SINGLE FAMILY NEIGHBORHOOD, AND THEN PLACING A SUPERCENTER IMMEDIATELY BEYOND THEM IS NOT A NATURAL PROGRESSION. IT IS AN ABRUPT CHANGE IN BOTH RESIDENTIAL LOT PATTERN AND LAND USE INTENSITY. THE FACT THAT SOMETHING IS RESIDENTIAL HAS BEEN INSERTED IN THE MIDDLE DOES NOT AUTOMATICALLY MAKE IT TRANSITIONAL. SECOND, SUBSECTION TWO SPECIFICALLY CALLS FOR GRADUAL DENSITY TRANSITIONS AND DIRECTS THE CITY TO CONSIDER SETBACKS, BUILDING HEIGHTS, LANDSCAPING, SCREENING WALLS, AND OTHER BUFFERING REQUIREMENTS. SO THE RELEVANT, RELEVANT QUESTION HERE ISN'T THEN, ARE THERE HOUSES BETWEEN BRIDGEWATER AND THIS SUPERCENTER? THE QUESTION IS, DOES THIS DESIGN ACTUALLY CREATE A GRADUAL TRANSITION FROM THE EXISTING NEIGHBORHOOD TO A REGIONAL SCALE? COMMERCIAL USE A NARROW STRIP OF SMALL HOUSES CANNOT TRANSFORM AN INHERENTLY ABRUPT TRANSITION INTO A GRADUAL ONE, SIMPLY BY BEING LABELED RESIDENTIAL. SUBSECTION THREE, HOWEVER, MAY BE THE MOST IMPORTANT. IT SAYS THE CITY SHOULD ENSURE THAT ADVERSE IMPACTS FROM ADJACENT USES AND PROPERTIES ARE INTERNALIZED AND DO NOT IMPACT NEARBY RESIDENTIAL AREAS. THE WORD INTERNALIZE MATTERS. THE BURDEN OF BUFFERING A SUPER CENTER'S TRAFFIC LIGHTING, NOISE DELIVERY, PARKING LOT, ACTIVITY, BUILDING SCALE, AND OTHER IMPACTS SHOULD BE ADDRESSED WITHIN THE COMMERCIAL DEVELOPMENT ITSELF. THOSE IMPACTS SHOULD NOT BE PUSHED TOWARDS EXISTING HOMEOWNERS OR ONTO A ROW OF FUTURE HOMEOWNERS, WHO EFFECTIVELY BECOME THE BUFFER. AND THERE'S AN EVEN MORE THERE'S EVEN MORE FUNDAMENTAL ISSUE HERE. THE CITY'S FUTURE LAND USE MAP CONTEMPLATES HIGH DENSITY RESIDENTIAL USE FOR THIS PROPERTY, NOT COMMERCIAL DEVELOPMENT. THE COMPREHENSIVE PLAN SHOULD NOT BE USED SIMULTANEOUSLY TO JUSTIFY DEPARTING FROM THAT RESIDENTIAL VISION, AND THEN TO CLAIM THAT A RESIDENTIAL STRIP MAKES THE COMMERCIAL DEVELOPMENT COMPATIBLE. COMMISSIONERS. THE APPLICANT ITSELF CLAIMS CONSISTENCY WITH STRATEGY TO BE. THAT CLAIM DOES NOT WITHSTAND SCRUTINY. YOU WRAP IT UP, PLEASE. YES, SIR. APPROVAL OF THIS PROPOSAL WOULD SET A PRECEDENT THAT THE COMPREHENSIVE PLANS. NEIGHBORHOOD PROTECTION STANDARDS ARE ASPIRATIONAL RATHER THAN BINDING, ESSENTIALLY, ESSENTIALLY NULLIFYING THE COMPREHENSIVE PLAN. AND THEREFORE, I RESPECTFULLY URGE THIS COMMISSION TO DENY THE PROPOSAL. THANK YOU. THANK YOU. MARIANNE PARDUE. SPEAKER, IN OPPOSITION.

STATE YOUR NAME, PLEASE. WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. YES. HI. MY NAME IS MARIANNE PARDUE. I AM PART OF THE BRIDGEWATER NEIGHBORHOOD AND I THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT. MY FAMILY, AS WELL AS MY SISTER'S FAMILY, LIVE IN CLOSE PROXIMITY TO THE PROPOSED DEVELOPMENT. I WANT TO GROUND MY CONCERNS IN YOUR OWN GUIDING DOCUMENT, THE MIDLOTHIAN COMPREHENSIVE PLAN, WHICH DIRECTS THE ADVERSE IMPACTS OF THE ADJACENT USES THAT THEY ARE INTERNALIZED AND NOT DO NOT IMPACT NEARBY RESIDENTIAL AREAS.

IT CALLS FOR REVIEWING COMPATIBILITY AND BUFFERING REQUIREMENTS BETWEEN SINGLE FAMILY ZONING DISTRICTS AND HIGHLY INTENSITY DEVELOPMENT. THIS PROPOSAL CLEARLY FALLS SHORT OF THOSE COMMITMENTS. A BUFFER HAS BEEN PROPOSED BETWEEN THE SUPER CENTER AND THE EXISTING HOMES. WHILE THE BUFFER MAY PROVIDE SOME VISUAL SEPARATION, NO BUFFER ELIMINATES THE NOISE AND LIGHT GENERATED BY A FACILITY OF THIS SCALE. LIGHT AND NOISE HAVE A WAY OF TRAVELING OVER, THROUGH, AND AROUND THE BARRIERS. ALTHOUGH THE ORDINANCE.

ORDINANCE LIMITS BRIGHT LEVELS OF LIGHT AFTER DARK AND RESTRICTS ILLUMINATING SIGNS WITHIN 500FT OF THE RESIDENCE, THE SUPERSTORE ITSELF WILL OPERATE BEYOND THESE HOURS, WITH OVERNIGHT DELIVERIES, LOADING, DOCK LIGHTING, SECURITY LIGHTING, BACKUP ALARMS, DIESEL ENGINE IDLING, REFRIGERATION UNIT NOISE, TRASH COMPACTING, NOISE, AND VEHICLE HEADLIGHTS. THESE DISTURBANCES WILL IMPACT THE TRAVEL OVER, THROUGH AND AROUND ANY SCREENING WALL WITH GREAT IMPACT. NEIGHBOR NEIGHBORS AROUND THE CLOCK. COMMISSIONERS.

[01:50:06]

THESE ARE NOT IMAGINARY CONCERNS. JUST THREE WEEKS AGO, ON AUGUST THE 25TH OF 2026, THE GRAND PRAIRIE PNC COMMISSION UNANIMOUSLY DENIED A PROPOSED WALMART DEVELOPMENT AT LAKE RIDGE PARKWAY, WHICH WAS INCLUDED INCLUDING A GROCERY STORE, PHARMACY AND GAS STATION.

COMMISSIONERS CITED CONCERNS ABOUT THE RETAILER'S HISTORY OF UPKEEP AND MAINTENANCE, AND THE IMPACT OF SURROUNDING RESIDENTS. IF A CITY MORE THAN FOUR TIMES THE SIZE OF MIDLOTHIAN DETERMINED THAT A WALMART PROJECT WAS, AS ONE COMMISSIONER PUT IT, REALLY IN THE WRONG SPOT, A MUCH LARGER SUPERCENTER IN OUR COMMUNITY, DIRECTLY ADJACENT TO THE ESTABLISHED HOMES, SHOULD GIVE THIS COMMISSION SERIOUS PAUSE. COMMISSIONERS, THIS IS NOT ABOUT ADVERSITY TO DEVELOPMENT. THIS IS ABOUT APPROPRIATE DEVELOPMENT IN THE APPROPRIATE LOCATION AND MAINTAINING THE GUIDELINES OF A WELL PLANNED AND CURRENT COMPREHENSIVE PLAN IMPACTING LAND USE NOW AND IN THE FUTURE. PLEASE CONSIDER NOT ONLY WHAT THIS DEVELOPMENT WILL LOOK LIKE ON A SITE PLAN, BUT HOW IT WILL FEEL, HOW IT WILL SOUND, SOUND AND LOOK TO THE FAMILIES WHO HAVE LIVED BESIDE IT, WHO WILL LIVE BESIDE IT EVERY DAY AND EVERY NIGHT FOR DECADES TO COME. I RESPECTFULLY ASK THE PLANNING AND ZONING COMMISSION TO RECOMMEND DENIAL OF THE PROPOSED REZONING, AND I THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION. THANK YOU.

TRACY JONES, NON SPEAKER IN OPPOSITION. JAMES GRESHAM, SPEAKER IN OPPOSITION. DID COME UP, SIR. AND STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. SURE. MY NAME IS JAMES GRESHAM. I'M A RESIDENT OF BRIDGEWATER AND I LIVE IN THE CITY LIMITS. I DO SUPPORT HOMES AND LIVING AREAS THAT ARE AFFORDABLE FOR YOUNG ADULTS AND FAMILIES TRYING TO MAKE THEIR START IN TODAY'S ECONOMY. I SUPPORT THE LOCAL EMPLOYEES WHO ARE OUR FELLOW CITIZENS, JUST TRYING TO MAKE A LIVING LIKE THE REST OF US. I SUPPORT THE USE OF EXPANDED GREEN SPACES TO BUFFER NEIGHBORHOODS AND COMMUNITIES FROM LARGE COMMERCIAL DEVELOPMENTS. I SUPPORT FOSTERING A BUSINESS CLIMATE THAT ENCOURAGES BUSINESSES TO CHOOSE MIDLOTHIAN, WHILE BALANCING THE NEEDS OF THE COMMUNITY WITH THE OPPORTUNITIES THESE BUSINESSES PROVIDE. BUT AS TO ITS CURRENT PROPOSED LOCATION OR AS TO ITS CURRENT LOCATION, I FIND IT HARD TO BELIEVE THAT WALMART IS IN ANY WAY NEARING ITS CAPACITY TO WARRANT THE MOVE AS INFREQUENTLY AS I VISIT THERE. THERE'S ALWAYS NUMEROUS CASH REGISTERS CLOSED, EVEN AS LINES FORM ACROSS THE FIRST WALKING AISLE FOR THE FEW SELF-CHECKOUT LINES AVAILABLE. AS TO THE PROPOSED LOCATION, THERE WAS ALREADY A NEW TOM FOR MINUTES UP WALNUT GROVE, A KROGER, AND ALDI'S EIGHT MINUTES AWAY NORTH ON 287 AND WALMART SUPERCENTER EIGHT MINUTES SOUTH ON 287. SO I FAIL TO SEE THE REAL VALUE YOU'RE ADDING WITH ANOTHER WALMART. IDEALISTICALLY, I OPPOSE ANY EXPANSION OF WALMART DUE TO THEIR UNSCRUPULOUS CORPORATE BUSINESS PRACTICES IN THE PAST AND HOW THEY BECOME NEARLY A $1 TRILLION COMPANY EXPLOITING WORKERS, PRODUCERS AND TAXPAYER FUNDED BENEFITS. AND THEY ANSWER TO THEIR SHAREHOLDERS ABOVE ALL ELSE. PRACTICALLY SPEAKING, IF THE SAME TRAFFIC ENGINEERING PROWESS THAT GAVE US EASTBOUND 1387 AT WALNUT GROVE DURING THE EARLY MORNING HOURS AND THE CURRENT STATE OF 287 DURING BOTH MORNING, AFTERNOON AND EVENING RUSH HOURS? IF THEY'RE STILL OPERATING UNDER THAT LOGIC, THEN YOU'LL FORGIVE ME IF I'M NOT ENTHUSIASTIC ABOUT THEIR PLAN TO TACKLE WALNUT GROVE. CURRENTLY, SOUTHBOUND TRAFFIC ON 287 EXITING ONTO WALNUT GROVE CAN BACK UP ALL THE WAY TO THE TRAFFIC ENTRANCE TO THAT ONRAMP, APPROXIMATELY A QUARTER MILE AWAY FROM THAT INTERSECTION. FROM THOSE WHO ARE EXITING THE BRIDGEWATER COMMUNITY AT RUSH HOUR, YOU CAN FIND IT PROBLEMATIC TO SAFELY TRAVERSE THAT TRAFFIC WAY FOR THE BEST OF US, LET ALONE FOR THOSE WHO MIGHT BE HAVING AN OFF DAY. SO OVERALL, I RESPECTFULLY URGE THE COUNCIL TO OPPOSE THIS REZONE. THANK YOU. THANK YOU. MARK ELLISON ON SPEAKER IN OPPOSITION. CRAIG LOWRY, NON SPEAKER IN OPPOSITION. DEBORAH HARRINGTON, OPPOSITION NON SPEAKER. WILSON BALDWIN, NON SPEAKER IN OPPOSITION. I APOLOGIZE IF I MISPRONOUNCE YOUR NAME. NOEL COATES ON SPEAKER. I APOLOGIZE IN OPPOSITION. NEESON, COATES.

[01:55:03]

NON SPEAKER IN OPPOSITION. MEGAN COATES I APOLOGIZE. NIKKI WOULD NON SPEAKER IN OPPOSITION.

KYLE BECKER SPEAKER IN SUPPORT. COULD YOU STATE YOUR NAME, SIR, AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? YOU HAVE THREE MINUTES. GOOD EVENING COMMISSIONERS. MY NAME IS KYLE BECKER AND I LIVE IN MIDLOTHIAN CITY LIMITS. I LIVE IN THE NEIGHBORHOOD RIGHT BEHIND TOM MASSEY MEADOWS, AND I BRING THAT UP FOR A COUPLE OF REASONS. FIRST, I HAVE THREE KIDS, YOUNG KIDS. I WANT TO RAISE MY FAMILY IN THAT AREA OF TOWN THAT WE'RE TALKING ABOUT HERE. AND SO I CARE DEEPLY ABOUT IT. I CARE ABOUT DEVELOPMENT IN THE AREA AND RESPONSIBLE DEVELOPMENT.

BUT THE FACT IS, WHERE WE LIVE RIGHT NOW, IT'S NOT AN EASY TRIP ACROSS TOWN. WHENEVER WE NEED SOMETHING. AND THERE'S A LOT OF FAMILIES THAT LIVE, A LOT OF YOUNG FAMILIES THAT LIVE WHERE WHERE WE DO. AND SO HAVING TOM THUMB, THAT'S, THAT'S BEEN GREAT, BUT IT DOESN'T MEET EVERY NEED. AND WHEN A, WHEN A NEED COMES UP, YOU KNOW, WHEN WE NEED SOMETHING IN A PINCH AND WE HAVE TO GO TO THE WALMART ACROSS TOWN, WE'RE TALKING ABOUT A 45 MINUTE AT A MINIMUM ROUND TRIP. AND THAT MIGHT NOT SOUND LIKE MUCH. BUT AGAIN, WHEN YOU HAVE THREE LITTLE KIDS RUNNING AROUND AT HOME, THAT THAT MAKES A DIFFERENCE. AND THE SECOND REASON WHY I MENTIONED LIVING IN MASSEY MEADOWS IS BECAUSE I GET THE CONCERNS OF HAVING A BIG BOX STORE, A MAJOR DEVELOPMENT SO CLOSE TO YOUR HOME. YOU KNOW, I'VE I'VE LIVED IT. BUT WHAT I WOULD SAY FROM MY EXPERIENCE IS THAT AND, AND THE EXPERIENCE OF, OF MANY OF MY NEIGHBORS IS THAT THAT TOM THUMB HAS BEEN UNQUESTIONABLY A POSITIVE DEVELOPMENT IN OUR COMMUNITY. AND SO THEY'RE, THEY'RE GOING TO BE PROS AND CONS WITH EVERY WITH EVERY PROJECT. BUT MY LIVED EXPERIENCE IS THAT THE PROS FAR OUTWEIGH THE CONS. AND SO I THINK WE'RE READY FOR FURTHER DEVELOPMENT IN THE AREA. AND SO I SUPPORT THE PROJECT.

THANK YOU FOR YOUR TIME. THANK YOU. JOSHUA WATSON. SPEAKER, IN OPPOSITION. YOU STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS, SIR. CHAIRMAN, MEMBERS OF THE COMMISSION. MY NAME IS JOSH WATSON, RESIDENT OF THE BRIDGEWATER COMMUNITY, AND I OPPOSE THE REZONING. I WANT TO FOCUS MY REMARKS TONIGHT SQUARELY ON TRAFFIC. LET ME START WITH THE NUMBERS.

THE APPLICANT SUBMITTED. THE TRAFFIC IMPACT ANALYSIS STATES THAT THE DEVELOPMENT WILL GENERATE ALMOST 14,000 ADDITIONAL VEHICLE TRIPS PER DAY, 700 IN THE MORNING, 900 DURING THE EVENING. THAT'S NEARLY A THOUSAND ADDITIONAL CARS. DURING OUR TIME, OUR FAMILIES ARE DRIVING HOME FROM WORK AND PICKING UP OUR CHILDREN FROM FROM SCHOOL. AND LET THIS BE CLEAR ABOUT WHO ALREADY IS ON THESE ROADS. IT'S OUR KIDS HERITAGE. JUST SITS A MILE AND A HALF FROM THIS SITE. EVERY SINGLE SCHOOL DAY, 1800 STUDENTS TRAVEL TO AND FROM THAT CAMPUS ON THIS VERY STRETCH OF WALNUT GROVE. AND DOESN'T JUST STOP THERE. THE CITY HAS PLANS FOR AN ADDITIONAL ELEMENTARY SCHOOL, ADDITIONAL MIDDLE SCHOOL, A PRESCHOOL, AND A DAYCARE ALONG WALNUT GROVE. THOSE FACILITIES OPEN WILL BE ADDING HUNDREDS, POTENTIALLY THOUSANDS MORE YOUNG CHILDREN AND THEIR PARENTS ON THESE VERY SAME ROADS EVERY MORNING AND EVERY AFTERNOON. NOW, THE COMMISSION IS BEING ASKED TO POUR NEARLY 14,000 ADDITIONAL VEHICLE TRIPS INTO THAT SAME CORRIDOR, INCLUDING LOADING SEMI TRUCKS DELIVERING FREIGHT TO A SUPERSTORE. WE'RE TALKING ABOUT MIXING HEAVY COMMERCIAL TRUCK TRAFFIC WITH SCHOOL BUSSES FULL OF CHILDREN AND TEENAGERS BEHIND THE WHEEL. THAT IS NOT RESPONSIBLE PLANNING. THAT IS A SAFETY CRISIS WAITING TO HAPPEN. NOW, WHAT DOES THE APPLICANT'S OWN STUDY SAY HAPPENS WHEN THE VOLUME OF TRAFFIC IS ADDED TO THESE ROADS? SHOWS AN INTERSECTION OF 287 NORTHBOUND FRONTAGE ROAD AND WALNUT GROVE, DETERIORATING TO A LEVEL OF SERVICE F. AS HER COMPREHENSIVE PLAN EXPLAINS, F IS THE LOWEST LEVEL OF SERVICE WHERE TRAFFIC CAN BE AT A STANDSTILL AND MORE CONGESTED CORRIDORS WITH LIMITED PROGRESSION DURING PEAK HOURS. THE 287 SOUTHBOUND FRONTAGE ROAD AT PLAINVIEW ROAD FARES NO BETTER, REMAINING AT F UNDER BUILD OUT CONDITIONS. EVEN THE WALNUT GROVE AND EXXON DRIVEWAY INTERSECTION DROPS TO AN F. THE APPLICANT'S OWN TRAFFIC ENGINEER IS TELLING YOU THAT THE ROADWORKS SURROUNDING THIS DEVELOPMENT WILL FAIL UNDER THE PROPOSED BUILD OUT. AND WHAT IS THE PROPOSED SOLUTION? FUTURE TRAFFIC SIGNALS. BUT THAT RAISES A CRITICAL CONCERN FOR US. THESE INTERSECTIONS ARE UNDER TXDOT JURISDICTION, NOT THE CITY'S. AS AN ENGINEER ACKNOWLEDGED, CITY INSTALLATION IS ONLY ANTICIPATED AND THE CITY IS STILL AWAITING CONFIRMATION FROM TXDOT. IN OTHER WORDS, THE TRAFFIC MITIGATION BEING RELIED UPON TO JUSTIFY THIS REZONING

[02:00:01]

IS NEITHER APPROVED NOR GUARANTEED. EVEN THE CITY'S ENGINEER ACKNOWLEDGED THAT THE APPLICANT'S SOUTHERN DRIVEWAY ON WALNUT GROVE FALLS SHORT OF THE CITY'S OWN 330 FOOT DRIVEWAY SPACING REQUIREMENT, AND HE SPECIFICALLY NOTED PLANS NEED TO BE MADE FOR THE CLOSING OF THIS MEETING OPENING. FROM WHAT WE KNOW, THAT WORK HAS NOT BEEN DONE. MEMBERS OF THE COMMISSION, YOUR COMPREHENSIVE PLAN CALLS FOR GROWTH THAT IS SUPPORTED BY ADEQUATE INFRASTRUCTURE AND THAT ENHANCES RATHER THAN DIMINISHES RESIDENTS QUALITY OF LIFE.

APPROVING THIS REZONING TODAY WOULD REVERSE THAT PRINCIPLE BY ALLOWING DEVELOPMENT TO OUTPACE INFRASTRUCTURE NEEDED TO SUPPORT IT. SIMPLY PUT, IT PUTS DEVELOPMENT FIRST AND RESIDENTS SECOND. I ASK THAT YOU RECOMMEND DENIAL FOR THIS PROJECT. THANK YOU, THANK YOU.

HANNAH KING ON SPEAKER IN SUPPORT. SAM WRINKLE NON SPEAKER IN SUPPORT. JEFF GARDNER, SPEAKER IN SUPPORT. YOU STATE YOUR NAME SIR. WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. YEAH. MY NAME IS JEFF GARNER. I LIVE IN THE CITY LIMITS. WELL GOOD EVENING. MY NAME IS JEFF GARNER. I'M HERE TONIGHT IN SUPPORT OF THE CASE. MY FAMILY AND I HAVE CALLED MIDLOTHIAN HOME SINCE 2014, AND MY WIFE AND I ARE RAISING FIVE KIDS HERE. YES, WE'RE DONE AND WE GENUINELY LOVE MIDLOTHIAN. I JUST WANT TO TALK ABOUT THAT FOR A MOMENT. WHY I LIVE MIDLOTHIAN. WE SENSED A JOB CHANGE COMING A FEW YEARS BACK AND WE CHOSE TO REMAIN HERE AND NOT MOVE ELSEWHERE. WE WANTED TO PLANT ROOTS AND BUILD A HOUSE. WE'RE EXCITED ABOUT THE CITY'S GROWTH. I REMEMBER BACK WHEN WE FOUND OUT CHICK FIL A WAS COMING TO TOWN. I THINK THE MAJORITY OF THE CITY WAS REJOICING AT THAT TIME. I WAS SO PUMPED I WANTED ON THE RECORD. I WAS THE FIRST CUSTOMER IN LINE THAT MORNING. I DO WANT TO SAY THIS I'VE HAD THE PRIVILEGE OF SERVING AS A VOLUNTEER CHAPLAIN FOR THE HERITAGE VARSITY FOOTBALL TEAM FOR SEVEN YEARS. THOSE WERE SOME OF MY FAVORITE MEMORIES. I LOVE MY CITY. I WORK IN SECURITY WITH SCHOOLS AND UNIVERSITIES ACROSS TEXAS, SO I SPEND A LOT OF TIME TRAVELING THROUGH COMMUNITIES THAT, LIKE OURS, ARE EXPERIENCING TREMENDOUS GROWTH. MIDLOTHIAN HAS CHANGED A LOT IN THE 12 YEARS THAT WE'VE LIVED HERE, AND WE ALL KNOW THAT GROWTH IS GOING TO CONTINUE. FOR ME, THE QUESTION BECOMES WHETHER WE CAN GROW IN A WAY THAT SERVES OUR COMMUNITY WELL, WHILE STILL PRESERVING WHAT MAKES MIDLOTHIAN A GREAT PLACE TO LIVE AND RAISE A FAMILY. I DO WANT TO ACKNOWLEDGE THE CONCERNS OF THE FAMILIES WHO LIVE NEAR THIS PROPERTY. GENUINELY. IF MY HOME BACKED UP TO A MAJOR PROPOSED DEVELOPMENT, I'D WANT MY CONCERNS HEARD TO. THINGS LIKE TRAFFIC, APPEARANCE AND PROPERTY VALUES ARE LEGITIMATE THINGS FOR RESIDENTS TO CARE ABOUT. AND FROM WHAT IT SOUNDS LIKE TO ME AT LEAST TONIGHT, THOSE CONCERNS HAVE RESULTED IN MEANINGFUL CHANGES TO THIS PROJECT. OVER THE COURSE OF THE LAST SEVEN MONTHS, THE DEVELOPERS IN WALMART HAVE MADE CONCESSIONS, INCLUDING IMPROVEMENTS TO THE SITE DESIGN, AND I PERSONALLY THINK THAT WILLINGNESS ON THEIR PART TO LISTEN MATTERS GREATLY. WOULD WALMART HAVE BEEN MY PERSONAL FIRST CHOICE FOR THIS PROPERTY? PROBABLY NOT. I MIGHT PUT IT IN THE TOP TEN. IF YOU MADE ME CHANCELLOR OF MIDLOTHIAN FOR A DAY, I WOULD HAVE CHOSEN A LIFETIME FITNESS, PERHAPS A MOVIE THEATER FOR MY KIDS. BUT THE TRUTH IS, THAT'S NOT REALLY THE QUESTION. THE QUESTION IS WHETHER THIS DEVELOPMENT IS A REASONABLE AND BENEFICIAL USE OF THE PROPERTY. I BELIEVE IT IS. AND THIS ISN'T JUST A WALMART. IT CREATES THE OPPORTUNITY FOR RESTAURANTS, RETAIL AND ADDITIONAL DEVELOPMENT IN AN AREA OF OUR CITY THAT HONESTLY, I BELIEVE CAN BE IMPROVED SIGNIFICANTLY.

IT KEEPS TAX DOLLARS HERE IN MIDLOTHIAN. IT CREATES JOBS AND IT CAN BECOME A CATALYST FOR MORE DEVELOPMENT ALONG THAT CORRIDOR DOWN THE ROAD. SO, MR. CHAIRMAN, COMMISSIONERS, I LOVE MIDLOTHIAN. MY WIFE AND I ARE RAISING OUR KIDS HERE. WE CARE DEEPLY ABOUT WHAT THIS CITY BECOMES, AND I'M GRATEFUL FOR THE PEOPLE WHO CARE ENOUGH ABOUT MIDLOTHIAN TO BE IN THIS ROOM TONIGHT ON BOTH SIDES OF THE ISSUE. SO GROWTH'S COMING. I BELIEVE THIS CAN BE A POSITIVE STEP FORWARD FOR MIDLOTHIAN. SO THANK YOU TO THE COMMITTEE FOR YOUR SERVICE TO OUR CITY AND FOR ALLOWING ME TO SPEAK TONIGHT. THANK YOU. YEAH. ERICA BROWN, SPEAKER IN OPPOSITION. MATTHEW CHAPPELL ON SPEAKER IN SUPPORT. GERALD OLIVER, SPEAKER IN SUPPORT. CAN

[02:05:24]

YOU STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? SIR GERALD OLIVER LIVE IN EAGLE'S NEST ESTATES JUST OUTSIDE THE CITY LIMITS. MR. CHAIRMAN AND MEMBERS OF THE PLANNING AND ZONING COMMISSION, I'M HERE TONIGHT IN SUPPORT OF THIS PROJECT WITH REAL ESTATE EXPERIENCE, I SOUGHT TO PERSONALLY STUDY THE PLANNED DEVELOPMENT PD 188 AND ACTUALLY COME TO MY OWN CONCLUSIONS. AND I HAVE TO SAY THAT I'M ACTUALLY VERY IMPRESSED WITH THE THOUGHT THAT WENT INTO THE DESIGN OF THIS PARTICULAR PROJECT. BETWEEN THE TRAFFIC ANALYSIS, THE ROADWAY IMPROVEMENTS, THE LANDSCAPING ARCHITECTURAL STANDARDS ALL DEMONSTRATE A GREAT EFFORT, IN MY OPINION, TO DEVELOP THIS PROPERTY TO THE HIGHEST MIDLOTHIAN STANDARDS.

DESIGN MATTERS, PLANNING MATTERS. COMMERCIAL DEVELOPMENT IN THIS AREA HAS BEEN CONTEMPLATED IN MIDLOTHIAN COMPREHENSIVE PLANNING FOR MANY YEARS AND BEFORE US TODAY IS A PROPOSAL THAT I BELIEVE TAKES SERIOUSLY BOTH THE OPPORTUNITY OF THIS LOCATION AND THE RESPONSIBILITY THAT COMES WITH DEVELOPING IT FOR THE BEST AND HIGHEST USE. I DO, HOWEVER, WANT TO TAKE A MOMENT AND SPEAK DIRECTLY TO MY NEIGHBORS WHO HAVE CONCERNS. I UNDERSTAND THEM AND I HEAR THEM. I AS WELL CARE ABOUT TRAFFIC AND NOISE AND SECURITY FOR MY OWN PERSONAL FAMILY. AND YET, AS I REVIEWED PD 188, I BELIEVE THE PLAN ADDRESSES THESE CONCERNS RESPONSIBLY AND THOUGHTFULLY. DESIGN FEATURES SUCH AS TRANSITION AREAS, SCREENING, APPROPRIATE DISTANCE BETWEEN COMMERCIAL DEVELOPMENT AND EXISTING RESIDENTIAL NEIGHBORHOODS ALL, AS I BELIEVE, ADDRESS THESE CONCERNS ADEQUATELY. WE ALL SEE THAT MIDLOTHIAN IS GROWING, AND WE CAN DEBATE WHETHER WE LIKE EVERY PART OF THAT CHANGE. BUT GROWTH IS UPON US. AND SO MY HOPE IS THAT YOU ALL VOTE YES TO PD 188. MR. CHAIRMAN, COMMISSIONERS, I RESPECTFULLY AND WHOLEHEARTEDLY SUPPORT THIS PROJECT AS THE RIGHT KIND OF DEVELOPMENT AND THE RIGHT PLACE AT THE RIGHT TIME, AND CONSISTENT WITH PLANNED USES IN AREA ZONING. THANK YOU, MR. CHAIRMAN. THANK YOU. DANA LEVY, WORCESTER. OKAY. IT'S HARD TO PRONOUNCE. SPEAKER OPPOSITION. PETE, STATE YOUR NAME, PLEASE, AND WHETHER OR NOT YOU LIVE. MY NAME IS DANA LEVY. I AM A RESIDENT OF MIDLOTHIAN. I DO LIVE IN THE BRIDGEWATER NEIGHBORHOOD. GOOD EVENING EVERYBODY. I MOVED TO MIDLOTHIAN JUST OVER TWO YEARS AGO. TRANSPARENTLY, I WAS ALLOWED TO PICK FOR MY COMPANY ANYWHERE IN THE UNITED STATES.

IN MIDLOTHIAN WAS THE SPOT WE PICKED FOR MY HUSBAND AND MY TWO KIDS. MY TEENAGE BOYS. IF YOU CAN BELIEVE THAT, THERE'S ONE THING THAT I WANTED TO ADDRESS THAT DOES COME CLOSE TO HOME FOR ME IS PUBLIC SAFETY AND JUST THE DECISION OF WHERE WALMART IS DECIDING TO PUT THIS IN PROXIMITY TO A RESIDENTIAL AREA. NOW, I DON'T WANT TO SAY THAT WALMART BRINGS IN CRIME OR ANYTHING LIKE THAT. THAT'S SIMPLY JUST NOT TRUE. HOWEVER, THERE ARE STATS THAT SUPPORT THAT. WHEN WE HAVE A WALMART IN OUR COMMUNITIES, IT DOES INCREASE CRIME. SO NOT JUST TALKING ABOUT HOW MY FEELINGS ON IT, I WANTED TO ACTUALLY HAVE SOME RESOURCES TO SHARE WITH YOU ALL. THERE IS CREDIBLE, CREDIBLE EVIDENCE THAT WALMART CAN GENERATE SIGNIFICANT CRIME RELATED ACTIVITY THAT DEMANDS LOCAL LAW ENFORCEMENT ATTENTION MORE THAN WHAT IT SHOULD HAVE TO. WHEN THIS COMMISSION IS BEING ASKED TO APPROVE THE SUPERCENTER OF WALMART WITHIN 200FT OF FAMILY HOMES, I THINK WE NEED TO LOOK AT THAT EVIDENCE. SAM HOUSTON UNIVERSITY OR SORRY, SAM HOUSTON STATE UNIVERSITY AND THE UNIVERSITY OF SOUTH CAROLINA BOTH PUBLISHED A PEER REVIEWED STUDY IN THE BRITISH JOURNAL OF CRIMINOLOGY EXAMINATION. IT WAS ABOUT WALMART EXPANSION AND THE CRIME THAT INVOLVES, WHEN THEY DO EXPAND, 3109 US COUNTIES WERE RESEARCHED. THE RESEARCHERS FOUND THAT THOSE COUNTIES WERE.

WALMART DID EXPAND, INCREASED WITH HIGHER RATES OF BOTH PROPERTY AND VIOLENT CRIME THAN COMPARABLE COUNTIES IN THE AREA THAT DID NOT HAVE WALMART EXPAND. THE DIFFERENCE OF THE PROXIMITY IS 13 ADDITIONAL CRIMES AND TWO ADDITIONAL VIOLENT CRIMES PER 10,000 RESIDENTS. NOW, THOSE ARE STATS WHICH ARE IMPORTANT, BUT LET'S TALK ABOUT MIDLOTHIAN IN REVIEW OF THE CALL TO SERVICE REPORT FROM MIDLOTHIAN PD. IN A SIX MONTH PERIOD OF 2025, WE RECEIVED 25 PAGES OF INFORMATION EVIDENCING OVER HUNDREDS OF INCIDENTS WHERE OFFICERS OF OUR LOCAL COMMUNITY WERE DISPATCHED TO THE CURRENT EXISTING WALMART LOCATION FOR CRIMES RANGING FROM THEFT, DWI, BURGLARY, BURGLARY AND ALSO CIVIL DISPUTES AND ASSAULT.

THOSE NUMBERS AT LEAST, SHOULD HAVE US JUST QUESTION WHY WOULD WE DELIBERATELY ALLOW A BUSINESS TO BE THAT CLOSE TO A FAMILY? NOW, WHEN WE THINK OF HOW CLOSE THEY ARE TO A FAMILY,

[02:10:01]

LET'S THINK ABOUT THE EXISTING BRIDGEWATER COMMUNITY. THERE IS SEPARATE COMMERCIAL DEVELOPMENT IN OTHER AREAS TO BLOCK NEIGHBORHOODS. THAT IS NOT THE CASE FOR MIDLOTHIAN BRIDGEWATER COMMUNITY. THERE'S NO HIGHWAY OR LARGE COMMERCIAL BUFFER. THERE IS HUNDREDS OF HARD WORKING FAMILIES WITHIN THIS COMMUNITY THAT WOULD BE IMMEDIATELY BESIDE A MASSIVE RETAIL CENTER, ITS PARKING LOT, ITS TRAFFIC AND THE ACTIVITY ASSOCIATED WITH IT. AND THAT BRINGS US BACK TO STRATEGY LU2B THE CITY'S POLICY SAYS TO ADVISE THE IMPACT OF ADJACENT USES TO TO SUPPOSE AN INTERNAL AND INTERNALIZATION. THEY DO NOT IMPACT AND THAT THEY DO NOT IMPACT RESIDENTIAL AREAS. THE PROPOSED HYPOTHETICAL BUFFER HOUSES DO NOT INTERNALIZE WALMART'S IMPACT. THOSE ARE PUTTING MORE FAMILIES AS A BUFFER. THOSE FAMILIES AND THOSE HOUSES IN AN EXISTING NEIGHBOR THAT ARE GOING TO CREATE A ROW IS NOT A BUFFER.

IT IS NOT A SAFETY BUFFER. I WOULD NOT WANT MY FAMILY TO BE CONSIDERED THE BUFFER BETWEEN A NEIGHBORHOOD AND A LARGE RETAILER. YOU'D WRAP IT UP, PLEASE? YEP. THANK YOU. BEFORE APPROVING THE REZONING, I RESPECTFULLY JUST ASK THAT THE COMMISSION DOES REVIEW ALL OF THE EVIDENCE AND MAKES A DECISION THAT IS BEST FOR A COMMUNITY IN THE LONG RUN AND THE RESIDENTS INSIDE. THANK YOU, THANK YOU. TERRY WADE, NON SPEAKER. OPPOSITION. ASHLEY ROBINSON ON SPEAKER. IN SUPPORT. BRIAN PRITCHETT NON SPEAKER SUPPORT. NICOLE. THANK YOU. NON SPEAKER. OPPOSITION. I APOLOGIZE IN ADVANCE. JESSICA PENNE THANK YOU. NON SPEAKER OPPOSITION. DEON GUILLORY NON SPEAKER OPPOSITION. KENNETH STEVENS NON SPEAKER. OPPOSITION.

EDITOR, TENANT SPEAKER AND SUPPORT. KELLY KING, SPEAKER. OPPOSITION. COULD YOU STATE YOUR NAME SIR, WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? MY NAME IS EDITOR TENANT. I LIVE IN MIDLOTHIAN AND WE'VE BEEN HERE FOR ABOUT TEN YEARS AND WATCH THIS WHOLE AREA DEVELOP FROM FARMLAND TO WHERE WE ARE TODAY, AND I COME OUT IN FULL SUPPORT OF THE DEVELOPMENT. FOR THE ECONOMIC PART, THE INCREASED TAX REVENUE FOR THE CITY, THE INCREASED TAX, SALES TAX REVENUE. IT'S JUST A GOOD FIT. THE INCREASED JOBS, THE INCREASED TRAFFIC INTO THE AREA IS HEALTHY. WE WERE CONCERNED ABOUT THE TOM THUMB AND WE DRIVE THE WALNUT GROVE IN 1387.

WE'VE SEEN ABSOLUTELY NO INCREASED TRAFFIC ISSUES IN THOSE AREAS. SO IN IT JUST AND THAT WAS A MAJOR CONCERN OF THAT AREA AS THEY DEVELOPED IT. WE JUST HAVEN'T SEEN IT. SO I'M IN FAVOR FOR IT. I THINK IT'S A GOOD ADDITION TO THE COMMUNITY. I APPLAUD WALMART FOR LISTENING FOR THE WAY THEY'VE MODIFIED THEIR INITIAL PLAN AND THEIR WILLINGNESS TO, TO LISTEN TO THIS WHOLE THING. SO I'M IN. I'M FOR IT. THANK YOU. OKAY. KELLY KING, SPEAKER. OPPOSITION.

COULD YOU STATE YOUR NAME, PLEASE? AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? HELLO, MY NAME IS KELLY KING AND I LIVE IN THE GROVE COMMUNITY. I WANT TO SPEAK ON SOMETHING A LITTLE BIT UNIQUE BECAUSE ALTHOUGH I'VE HEARD A LOT OF REALLY WONDERFUL THINGS FROM THE OPPOSITION, AND I'M IN AGREEMENT WITH THOSE, I'M UNIQUELY QUALIFIED TO SPEAK ON SOMETHING ELSE. I'VE SPENT 13 YEARS IN THE PHYSICAL SECURITY AND RETAIL LOSS PREVENTION SPACE. I'VE WORKED PERSONALLY WITH THE RETAIL TEAMS OVER AT WALMART ON A GLOBAL AND NATIONAL LEVEL, FROM INVESTIGATIONS TO GLOBAL SECURITY. AND LET ME TELL YOU, IT'S A MESS. WE ARE TALKING ABOUT A 3 TO 4 TIME INCREASE IN CALLS FOR LOCAL PD. ARE WE PREPARED AS A COMMUNITY TO BE SUPPORTING THAT? NOT ONLY THAT, BUT THE JOBS THAT IT'S GOING TO BRING ARE GOING TO BE NOT PERMANENT, NOT 40 HOURS A WEEK. THE MAJORITY OF THE WALMART WORKERS ARE GOING TO BE ON FOOD STAMPS. HOW MUCH IS THAT REALLY BRINGING TO OUR COMMUNITY? I WOULD ALSO CHALLENGE THE AMOUNT OF ORGANIZED RETAIL CRIME AND SEX TRAFFICKING THAT THESE COME

[02:15:06]

TO THE COMMUNITY WITH, AND I'VE SEEN IT ON A PERSONAL LEVEL ALL OVER THE COUNTRY, NOT ONLY IN THE US BUT IN CANADA AS WELL. SO I WOULD CHALLENGE THAT WHILE THE AREA NEEDS TO BE DEVELOPED AND I AM ALL FOR THAT RIGHT TIME, RIGHT PLACE, RIGHT ORGANIZATION, THIS IS NOT WHAT I MOVED TO MIDLOTHIAN FOR. I WOULD SAY IT'S ACTUALLY THE EXACT OPPOSITE, AND I CANNOT IMAGINE THAT PUTTING IT BEHIND ALL OF THESE HOMES IN SUCH A RESIDENTIAL AREA, SO CLOSE TO THESE SCHOOLS, IS GOING TO DO ANYTHING BUT BRING AN INCREASE IN CRIME AND PROBLEMS. AND I SPEAK TO THAT WITH 13 YEARS OF PERSONAL EXPERIENCE WITH YOUR GLOBAL SECURITY DIRECTORS AND YOUR GLOBAL DIRECTORS OF INVESTIGATIONS. THANK YOU, THANK YOU. DOCTOR BARRY BERKOWITZ. SPEAKER IN OPPOSITION. IF YOU WOULD STATE YOUR NAME, SIR, AND WHETHER OR NOT YOU LIVE IN DOCTOR BARRY BERKOWITZ. I LIVE IN BRIDGEWATER. AND THANK YOU, CHAIRMAN. THE COMMITTEE I WASN'T NECESSARILY GOING TO SPEAK TONIGHT BECAUSE I THINK THREE MINUTES. EVERYONE THAT KNOWS ME THREE MINUTES IS IS JUST A WARM UP. OKAY. I READ WE HAD AN OPPORTUNITY TO MOVE TO MANSFIELD OR MIDLOTHIAN, AND WE WERE UP IN MCKINNEY FOR 20 YEARS AND WE SAW A TREMENDOUS AMOUNT OF GROWTH. AND I HAVE NOTHING ABOUT NO PROBLEM WITH GROWTH, AND I LIKE DEVELOPMENT AND THE PLANS LOOK WONDERFUL, BUT THOSE PLANS ARE JUST A THOUGHT. THEY LIKE ONE MENTIONED, IT PROBABLY WON'T HAPPEN. WHAT I'VE SEEN AROUND WALMART IS BUNKER HOMES THAT ARE RENTAL HOMES THAT EVENTUALLY GET BUILT. OKAY.

THEY TALK ABOUT HOW THE STORE IS GOING TO LOOK. I WAS IF THEY REFERRED THE ARCHITECTURAL COMMITTEE, THE ARCHITECT REFERS TO THE ONE IN PROSPER. I LIVED THERE. OKAY, FIRST OF ALL, THE TRAFFIC THERE IS AT 380 WITH PRESTON ROAD. YOU TALK ABOUT TEN LANES BY EIGHT LANES, AND DESKTOP IS GOING TO MAKE IT INTO A HIGHWAY. THE 380 OKAY. IT DOESN'T, IT DOESN'T EVEN THERE IS NO RESIDENTIAL HOUSING CLOSE TO IT. THERE'S A BEAUTIFUL LAKE, THERE IS A WALMART AND THERE IS NO RESIDENTIAL HOUSING. BUT I WANTED TO TELL YOU I LIVED THROUGH. SO I READ YOUR COMPREHENSIVE PLAN, I READ MANSFIELD, I READ ABOUT THIS, THE MAYORS, THE CITY COUNCIL, THE PHILOSOPHY I WAS ATTRACTED HERE, AND I FELT LIKE WE HAD A CONTRACT. I READ ALL 180 PAGES, AND I HAVE BEEN INVOLVED IN DEVELOPMENT AND ARCHITECTURE, AND I LIKE THE FACT THAT THERE WAS PLANNING AND TRANSITION. THE SAME THING HAPPENS AT THE KROGER. THERE IS NO RESIDENTIAL HOUSING BEHIND KROGER. AND THEN ACROSS THE STREET IS NICE, PROFESSIONAL. THOSE PEOPLE IN THOSE HOUSING DON'T EVEN SEE THE TRUCKS. OKAY, THIS IS ALL THOUGHTFUL. THIS IS NOT THOUGHTFUL. AND I'LL TELL YOU WHY I WENT THROUGH JUST SOMETHING. THERE'S SO MUCH YOU COULD TALK ABOUT, BUT I'LL TALK ABOUT THE TRAFFIC REPORT. I, I READ THE FIRST TRAFFIC REPORT THAT WAS THE FIRST SUBMITTAL AND THAT WAS THE MEASUREMENT WAS ON OCTOBER 2ND, 2025, I SUBMIT TO YOU. I JUST READ THE NEW TRAFFIC REPORT. THEY REFERRED TO THE FIRST TRAFFIC REPORT. WALMART DIDN'T SPEND AN EXTRA DOLLAR TO MEASURE MEASURE ANY ADDITIONAL TRAFFIC. THERE WAS NO MENTION TO IT. I WENT TO THE MEETING WHERE 200 RESIDENTS IN THIS COMMUNITY, THE WALMART PRESENTATION. THEY TOLD THE PEOPLE THAT THE TRUCKS WERE GOING TO COME ON THE SOUTH ENTRANCE. DO YOU KNOW THAT IF YOU READ THE REPORT, THE EXPANSION OF THE 287 AND IT SAYS IT IN THE REPORT AND THE CIVIL ENGINEER KNOWS IT, AND THEY THEY BASICALLY MISREPRESENTED THEMSELVES AT THE FIRST MEETING. THEY DO THAT VERY OFTEN. IS THAT THE THE NORTHBOUND EXIT WHEN THE 287 CAN BE DEVELOPED AND IT SAYS IN THE REPORT IT WILL BE. SO WESTBOUND. THAT MAKES DRIVEWAY NUMBER ONE INEFFECTUAL. THAT MEANS EVERY CAR, EVERY TRUCK HAS TO MAKE A RIGHT HAND TURN AND GO NORTHBOUND. OKAY, SO WHAT THEY'RE TELLING YOU AND WHAT THEY SAID AT THEIR COMMUNITY MEETING, IF YOU READ THE REPORT, I SUBMIT, RESPECTFULLY THAT YOU GET A REAL INDEPENDENT REPORT. AND THERE'S MENTION ABOUT THE TRAFFIC. I READ THIS REPORT. HERE'S SOMETHING. I'M NOT A CIVIL ENGINEER, BUT I UNDERSTAND THAT IT WAS ORIGINALLY 14 ADDITIONAL 14.14 THOUSAND 600 CARS. NOW IT'S 16,600 ABOVE BASE. WE'RE TALKING ABOUT OVER 30,000 CARS A DAY. YOU'VE EXCEEDED. OKAY, I JUST PLEASE GET AN INDEPENDENT REPORT. THIS TRAFFIC REPORT, EVEN THE BYPASS NUMBERS, THE ORIGINAL BYPASS WAS 20 WAS THE BYPASS RATIO. I UNDERSTAND THAT, BUT IT WAS A BYPASS RATIO OF THE BYPASS RATIO? YES. OKAY. PLEASE. I'M JUST. THIS REPORT

[02:20:02]

IS NOT ACCURATE. IT'S COMPLETELY UNDERSTATING WHAT I APPRECIATE IT, THANK YOU. OKAY.

HANNAH KING ON SPEAKER IN SUPPORT. KENT. STAND BACK, SPEAKER AND SUPPORT. OH, SORRY.

OH, SORRY. SORRY I GOT YOU. WE ARE SUPPORTING. YOU. GOOD. SORRY ABOUT THAT. BILL COLLINS SPEAKER AND SUPPORT. YOU WOULD STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS.

AND YOU DO HAVE THREE MINUTES. THANK YOU. YEAH. MY NAME IS BILL COLLINS. I DO LIVE IN THE CITY LIMITS. I'VE BEEN A RESIDENT HERE SINCE 2018. I BROUGHT MY SIX KIDS HERE. WE MOVED INTO A NEIGHBORHOOD A YEAR AFTER KROGER WAS BUILT. AND SO I UNDERSTAND SOME OF THE CONCERNS THAT PEOPLE THAT PEOPLE HAVE. I STAND IN FULL SUPPORT OF THIS PARTICULAR PROJECT. I THINK ADVERSITY OF RETAIL SPACE IS GOOD. WE NOW LIVE NORTH OF HERITAGE HIGH SCHOOL, AND IT HAS BEEN A A DESERT TRYING TO GET FOOD, HONESTLY. AND SO WE'RE HAPPY THAT TOM THUMB CAME IN AND WE'RE GLAD TO SEE WITH THE PROJECT THAT HAS BEEN PROPOSED BY WALMART AS WELL. I LIKE THAT IT'S ACTUALLY DIFFERENT THAN WHAT TOM THUMB HAS BROUGHT. I THINK THEY'VE BEEN THOUGHTFUL WITH THE CONCERNS THAT OTHER RESIDENTS HAVE. BUT I THINK THE MAIN QUESTION ALSO IS YOUR DECISION SHOULD BE NOT JUST BASED UPON THE PEOPLE THAT LIVE IN PROXIMITY, BUT TO TO THE ENTIRE CITY AS WELL, OTHER RESIDENTS THAT ARE ALSO GOING TO BE USING THIS PROJECT. AND I THINK THAT'S IMPORTANT. I THINK THAT THERE WAS THOUGHT THAT WENT INTO PLANNING TO ALLOW BRIDGEWATER TO COME INTO WHERE IT CAME INTO. I BELIEVE THERE'S MAYBE 300 PLUS HOMES THAT ARE THERE. I THINK FULL BUILD OUT IS GOING TO BE 2000 HOMES. SO WE'RE SAYING LESS THAN A THIRD OF PEOPLE THAT ARE GOING TO COME AND FAMILIES THAT ARE GOING TO COME AND WE WELCOME THEM TO COME, ARE GOING TO COME TO THAT AREA. WE'RE GOING TO NEED SOMETHING TO SUPPORT THE DEMAND THAT IS, IN FACT, GOING TO BE THERE. AND I THINK THAT THIS IS A GREAT WAY TO BE ABLE TO TO DO THAT. SO I'M IN FULL SUPPORT. THANK YOU. CAMERON, DO YOU KNOW, SPEAKER AND SUPPORT? WOULD YOU STATE YOUR NAME WHETHER OR NOT YOU LIVE IN THE CITY LIMITS, SIR? GOOD EVENING, MR. CHAIRMAN. MEMBERS OF THE COMMISSION. MY NAME IS CAMERON PENO AND MY WIFE AND I ARE RAISING OUR FAMILY HERE IN MIDLOTHIAN. I DON'T BELIEVE IN THE IDEA THAT WE PROTECT WHAT WE LOVE SIMPLY BY SAYING NO GROWTH IS ALREADY HAPPENING AND IT WILL CONTINUE TO HAPPEN. WHETHER THIS CORNER IS REZONED NOW OR TEN YEARS FROM NOW. THE QUESTION ISN'T WHETHER WE GROW, IT'S WHETHER INFRASTRUCTURE GROWS WITH US. I LIVE ON THE NORTH SEA, THE NORTHEAST SIDE OF MIDLOTHIAN, LIKE THE THE MAN BEFORE ME, AND I PERSONALLY WOULD LOVE TO HAVE MULTIPLE GROCERY AND RESTAURANT OPTIONS NEAR ME RATHER THAN ACROSS TOWN ON THE SOUTH AND WEST SIDE OF THE CITY. I BELIEVE THAT THIS IS THE RIGHT CORNER FOR THIS PROJECT AS WELL, WITH ITS PROXIMITY TO 287 AND BEING LOCATED ON THE MAJOR THOROUGHFARE OF WALNUT GROVE, I THINK IT ALLOWS ACCESS TO THE RESIDENTIAL PARTS OF NORTHEAST MIDLOTHIAN TO GROCERY AND RESTAURANT OR GROCERY AND DINING OPTIONS. FOR THOSE WHO TRADITIONALLY HAVE NOT HAD THOSE NEAR THEM IN ON THE NORTHEAST SIDE OF MIDLOTHIAN. I LOVE THIS CITY. I CHOSE TO LIVE HERE, AND I'M NOT ASKING FOR US TO TRADE AWAY THE CITY THAT WE LOVE. I'M ASKING FOR US TO PLAN FOR THE CITY THAT WILL BE, AND TO PLAN FOR IT IN A THOUGHTFUL AND RESPONSIBLE WAY. SO WITH THAT BEING SAID, I BELIEVE THAT THE COMMERCIAL USE OF THIS LAND IS AN APPROPRIATE USE OF THIS LAND. THANK YOU, THANK YOU. DAVID SHOT NON SPEAKER AND SUPPORT. OWEN ARNOLD, SPEAKER IN SUPPORT. IF YOU WOULD STATE YOUR NAME AND WHETHER OR NOT

[02:25:03]

YOU LIVE IN THE CITY LIMITS. GOOD EVENING, CHAIRMAN AND COMMISSIONERS. MY NAME IS OWEN ARNOLD. THANK YOU FOR YOUR TIME AND ATTENTION TO THIS MATTER. I'M HERE TO SUPPORT THE REZONING REQUEST. AS A LONG TERM RESIDENT OF THE CITY FOR EIGHT YEARS, BUT AN EVEN LONGER TERM RESIDENT OF THE CITY FOR THE LAST 25 YEARS, MY SISTER LIVED HERE AND I'VE VISITED HER FOR YEARS. I CAN REMEMBER A TIME BEFORE WALMART WAS EVEN HERE. A LOT OF PEOPLE IN THIS ROOM, HOPEFULLY NOT. YOU GUYS CAN ALSO SAY THAT AS WELL. WITH MORE ROOFTOPS COME THE NEED FOR PEOPLE WHO TO BUY GROCERIES, PRESCRIPTIONS, AND EVERYDAY NECESSITIES. HAVING ANOTHER ONE STOP SHOP OPTION LIKE THIS IN MIDLOTHIAN WOULD SAVE FAMILIES LIKE MYSELF, MR. BEVERIDGE, OTHER FAMILIES THAT I'M AWARE OF ALSO HAVE SPOKEN AND MAKE THEIR LIVES EASIER AS THE CITY BUILDS OUT AND GROWS TOWARDS THE EAST. SO THE CURRENT PLAN STRUCTURE OF THE SUPERSTORE CONCEPT AND RESTAURANTS AND PARK ATTRACTIONS ARE SOMETHING I COULD SEE MYSELF AND MY FAMILY FREQUENTLY ENJOYING AND ENJOYING THE EAST SIDE VILLAGE AS RESIDENTS THAT CONTINUE TO GROW IN THIS BEAUTIFULLY YET SMALL CITY THAT HAVE. WE PLANNED TO PLANT ROOTS ON FOREVER TO ENJOY THE BENEFITS OF THE GREAT PLANNING AND ZONING OPPORTUNITIES THAT HAVE ALREADY BEEN PRESENTED TO YOU IN THE PAST AND IN THE FUTURE. THANK YOU GUYS FOR YOUR TIME.

THANK YOU. DANA FOSTER, SPEAKER IN SUPPORT. IF YOU WOULD STATE YOUR NAME, MA'AM. YES. DANA FOSTER AND I LIVE IN THE CITY LIMITS OF MIDLOTHIAN. I AM IN FULL SUPPORT OF THIS. I AM LIKE, I AM A SINGLE MOM OF FOUR. AND SO I CARE ABOUT LIKE THE SAFETY. SO I THINK LIKE IF I LIVED IN BRIDGEWATER, I WOULD HAVE QUESTIONS THAT I WOULD WANT ANSWERED. SO WHEN I LOOK AT THIS, IT'S LIKE I I'VE ASKED QUESTIONS, I'VE LOOKED AT PLANS, I'VE SAT WITH PEOPLE PRIOR TO THIS AND ASKED THEM AND I WOULD FEEL SAFE WITH IT. I LIVE RIGHT BY KROGER. AND SO WHEN KROGER WAS GOING IN, IT WAS LIKE THAT SAME KIND OF THING. AND I THERE'S NOT BEEN ANYTHING THAT HAS FELT. MINE IS MORE LIKE THE SAFETY BECAUSE I MEAN, I HAVE FOUR CHILDREN. SO IT HAS NOT NOTHING HAS HAPPENED THAT HAS FELT DANGEROUS, THREATENING OR ANYTHING. AND WHEN I LOOK AT IT, IT'S LIKE SOMETHING IS GOING TO BE COMING HERE. AND I LIKE THE WAY THAT THEY'RE DOING IT. SO I THINK IT'S RESPECTFUL FOR THE WAY THAT THEY'VE PUT THE BORDER AROUND IT, PROVIDING RESTAURANTS AND GIVING IT TO LIKE TO NOT LOOK NON APPEALING TO PEOPLE. SO I AM IN FULL SUPPORT OF THIS. THANK YOU. OWEN ARNOLD, SPEAKER IN SUPPORT. I APOLOGIZE. DAVID PRITCHETT SPEAKER AND SUPPORT. COULD YOU STATE YOUR NAME WHETHER OR NOT YOU LIVE IN THE CITY LIMITS, SIR? THANK YOU, MR. CHAIRMAN. MY NAME IS DAVID PRITCHETT. I AM THE SON OF KEN PRITCHETT WHO PURCHASED ALL THIS PROPERTY. I DO NOT LIVE IN MIDLOTHIAN. I LIVE IN NORTHERN MINNESOTA, WHERE IT'S MUCH COOLER RIGHT NOW THAN IT IS HERE. BUT I REPRESENT MY FAMILY WHO HAS LIVED IN THIS COMMUNITY AND DEVELOPED COMMERCIAL PROPERTIES, RESIDENTIAL PROPERTIES, STRIP MALLS, YOU NAME IT, AND HAS LIVED IN THIS COMMUNITY SINCE 1999 WHEN MY FATHER PURCHASED THIS PROPERTY. 287 WAS A TWO LANE ROAD. WALNUT GROVE WAS A TWO LANE ROAD WITH NO EDGES.

YOU JUST YOU JUST HOPED YOU DIDN'T GET PUSHED OFF BY A LARGE TRUCK COMING THE OPPOSITE WAY. THIS, YOU KNOW. AND RECENTLY WALNUT GROVE WAS EXPANDED TO TWO LANE DIVIDED.

YOU KNOW THAT IT IS A. IT IS MEANT TO CARRY TRAFFIC AND IT HAS PLANS IN WIDTH TO BE EXPANDED. I HAVE SPENT THE LAST 39 YEARS AS AN ATTORNEY. I REPRESENT A NUMBER OF CITIES AND COMMUNITIES AND SIT WHERE THIS ATTORNEY IS RIGHT NOW. I'VE DONE THAT FOR FOR MOST OF MY CAREER, AND I HAVE SEEN PLANNING COMMISSION'S WORK ON THINGS LIKE THIS AND ADVISE THEM. AND SO I KNOW, I KNOW GOOD WORK. AND WHEN I WHEN I LOOK AT WHAT THE PLANNING DEPARTMENT FOR THIS CITY HAS DONE, THEY THEY'VE GONE THROUGH A WHOLE RANGE OF OF OPINIONS ABOUT THIS A YEAR AGO. THIS THING HAS BEEN ON THE DOCKET SINCE THE SUMMER OF 2025. IT WAS PULLED BACK EARLIER THIS YEAR. AND THEN THERE'S A NEW PLAN. AND THE REASON THAT THERE'S A NEW PLAN IS BECAUSE CHANGES WERE MADE AND THE PLANNING DEPARTMENT TOOK ALL THE INFORMATION, TOOK AND ANALYZED IT. THEY THEY LOOKED AT THEY LOOKED AT TRAFFIC STUDIES THAT ARE DONE BY INDEPENDENT ENGINEERS. AND THEY KNOW TRAFFIC STUDIES. THEY THEY STUDY THEM. THEY LOOK AT THEM ALL THE TIME. SO THEY KNOW IF IT'S, IT'S ACCURATE OR NOT.

[02:30:01]

THEY LOOKED AT AT SAFETY ISSUES. AND PRIMARILY THEY LOOKED AT THE, THE CODE OF THE CITY OF MIDLOTHIAN AND MADE A DETERMINATION IN EVERY SINGLE CIRCUMSTANCE THAT THIS PROJECT COMPLIES WITH THAT AND SHOULD BE ADOPTED. SO THAT THAT I THINK IS, IS MORE THAN ENOUGH TO GO ON. SO I, I, AS I SAID, I SUPPORT THIS AND I THINK THIS WILL BE A GREAT THING FOR THE COMMUNITY. THANK YOU, THANK YOU. WANDA WILKERSON ON SPEAKER IN SUPPORT. DYLAN EATMAN NON SPEAKER IN SUPPORT. NANCY LAMB, NON SPEAKER. OPPOSITION. MICHAEL LAMB NON SPEAKER.

OPPOSITION. CHRISTY SHOT SPEAKER IN SUPPORT. YES, MA'AM. IF YOU'D STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS, PLEASE. YES, MY NAME IS CHRISTY SHOT AND I LIVE IN THE CITY LIMITS AND I'M IN SUPPORT OF THIS PROJECT. AND MY HUSBAND AND I HAVE BEEN HERE SINCE 2018. SO WE'VE BEEN WATCHING MIDLOTHIAN GROW. AND WE ALSO ARE VERY OFTEN EACH WEEK IN THAT VICINITY OF THAT INTERSECTION THERE AND HAVE WITNESSED A VERY LARGE INTERSECTION BEING BUILT THERE. AND IT'S IT'S BECAUSE THAT NEEDS TO BE A MAJOR PLACE. AND SO I THINK FROM ALL THE THINGS THAT I'VE HEARD PEOPLE CONCERNED ABOUT MIDLOTHIAN IS THAT IT WOULD BE A PLACE THAT'S AFFORDABLE. AND I THINK THAT WALMART DOES BRING THE FOOD AND THE CLOTHING AND THE HOUSEHOLD TO PHARMACIES, THE GAS THAT WOULD HELP FAMILIES. AND I CAN HEAR OUR NEIGHBORS BECAUSE WE'RE ALL NEIGHBORS, WE'RE ALL IN THE SAME CITY TOGETHER. AND SO I HEAR THEIR CONCERNS. AND AS WALMART MAYBE DIDN'T HEAR THE FIRST TIME AND THEY HAVE ANOTHER CHANCE TO, TO HEAR AGAIN AND TO RESPOND AGAIN, I, I, I HOPE THAT ALL OF THOSE CONCERNS WILL BE ADDRESSED AGAIN. AND SO THANK YOU VERY MUCH. THANK YOU. MIKE. NON SPEAKER IN SUPPORT. THIS MIGHT BE A DUPLICATE. GERALD OLIVER SPEAKER IN SUPPORT. THESE LAST FEW NAMES MIGHT BE DUPLICATE, BUT I'D PREFER JUST TO SAY THEM JUST IN CASE. NICOLE WATSON.

WOULD YOU STATE YOUR NAME, MA'AM, AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS? YES, SIR. CHAIRMAN, COMMISSIONERS, THANK YOU FOR YOUR TIME. MY NAME IS NICOLE WATSON AND I AM A RESIDENT OF BRIDGEWATER. MY COMMENTS TONIGHT FOCUS ON THE PROPOSAL'S INCONSISTENCY WITH GOAL LU4 OF THE MIDLOTHIAN COMPREHENSIVE PLAN, WHICH DIRECTS THE CITY TO PROMOTE DESIRABLE AND EFFICIENT LAND USE PATTERNS WHILE PRESERVING AND ENHANCING THE ESTHETIC, CHARACTER AND VISUAL QUALITY THAT DEFINE MIDLOTHIAN IDENTITY. THE CITY STAFF STATES THAT THIS PLAN IS CONSISTENT WITH THIS GOAL, BUT I RESPECTFULLY DISAGREE. STRATEGY LU4B CALLS FOR VISUALLY APPEALING ENTRANCES TO MIDLOTHIAN FROM SIGNIFICANT THOROUGHFARES AND ENCOURAGES INCREASED ARCHITECTURAL AND LANDSCAPING STANDARDS, ALONG 67 AND 287.

YET THIS PROPOSAL WOULD PLACE AN OVER 180 ZERO ZERO ZERO SQUARE FOOT BIG BOX RETAIL STORE AT ONE OF THE CITY'S MOST PROMINENT GATEWAYS, ACCOMPANIED BY OVER 700 PARKING SPACES. 235 FOOT ILLUMINATED PYLON SIGNS, CONTAINER STORAGE AND OUTDOOR MERCHANDISE DISPLAYS.

SIGNIFICANTLY, MIDLOTHIAN ALREADY HAS WALMART LOCATED ALONG 67. APPROVING THIS PROPOSAL WOULD EFFECTIVELY BOOKEND THE CITY'S TWO PRINCIPAL REGIONAL GATEWAYS, WITH WALMART STORES RESULTING IN VISITORS ENTERING MIDLOTHIAN FROM EITHER MAJOR HIGHWAY BEING GREETED BY THE SAME GENERIC BIG BOX RETAIL USE, RATHER THAN A DISTINCTIVE REPRESENTATION OF THE COMMUNITY'S IDENTITY STRATEGY. LU4C DIRECTS THE CITY TO MAINTAIN AND ENHANCE THE CITY'S CHARACTER AND ESTHETIC VALUE. ITS FIRST ACTION CALLS FOR ESTABLISHING A PATTERN BOOK OF PREFERRED ARCHITECTURAL DETAILS AND STYLES FOR DEVELOPERS TO REFERENCE WHILE

[02:35:04]

ESTABLISHING THEIR DESIGN. THE SUBMISSIONS DO NOT REFERENCE OR REFLECT ANY LOCALLY ADOPTED PATTERN BOOK. THEY REFLECT THE APPLICANT'S NATIONAL BRAND STANDARDS, NOT MIDLOTHIAN'S CHARACTER. IN ADDITION, LU4C CALLS FOR MAINTENANCE AND COMMUNICATION WITH HOSI INDEPENDENTLY VERIFIED TODAY AT 1:38 P.M. WITH NATALIE CANDIDO, BRIDGEWATER'S HOA REPRESENTATIVE, THAT NEITHER THE CITY NOR WALMART HAS PROVIDED ANY COMMUNICATION WITH OUR HOA REGARDING THIS PROPOSED DEVELOPMENT. THE STEINBECKS HAVE ONLY COMMUNICATED WITH OUR HOA ONE TIME IN WHICH OUR HOA OFFERED TO HELP INITIATE A MEETING, AND THE HOA DID NOT HEAR BACK FURTHER FROM THE STEINBECKS COMMISSIONERS, I RESPECTFULLY URGE THIS COMMISSION TO DENY THIS REQUEST. THANK YOU. THANK YOU. LAST NAME MIGHT BE DUPLICATE TRAVIS LAWRENCE. THEN THAT'S ALL THE SPEAKERS AND ON SPEAKERS. THANK YOU. I APOLOGIZE, I DID NOT GET SOME OF THOSE EMAILS. CAN YOU PLEASE STEP FORWARD AND I CAN GO AHEAD AND GIVE YOU A YOUR CHANCE TO SPEAK. YEAH. THANK YOU. THANK YOU. STATE YOUR NAME, PLEASE. WHETHER OR NOT YOU LIVE IN THE CITY. GOOD EVENING, MR. CHAIRMAN AND COMMISSIONERS. I AM BECKY YOUNG AND I LIVE IN THE GROVE. I I'M HERE TONIGHT TO ASK THIS COMMISSION TO DENY THE REZONING REQUEST FOR THE PROPOSED SECOND WALMART SUPERCENTER AT 287 IN WALNUT GROVE. I ECHO A LOT OF THE CONCERNS FROM FELLOW CITIZENS THAT ARE IN OPPOSITION, BUT I WANTED TO FOCUS ON A TRAFFIC ISSUE. THE APPLICANT'S ENTIRE LOGISTICAL PLAN FOR THIS 180 100 ZERO SQUARE FOOT FACILITY RELIES HEAVILY ON 53 FOOT SEMI TRUCK, SAFELY ACCELERATING OUT OF FREEMAN LANE AND IMMEDIATELY CUTTING HORIZONTALLY ACROSS HIGH SPEED HIGHWAY TRAFFIC. COMING OFF OF WESTBOUND 287 AT THE EXIT RAMP. UNDER TEXAS LAND USE GUIDELINES, THIS COMMISSION IS NOT REQUIRED TO GRANT A MASSIVE ZONING AMENDMENT BASED ON A HYPOTHETICAL LAYOUT. THEREFORE, I FORMALLY ASK THE COMMISSION TO ENTER A TECHNICAL REQUIREMENT INTO THE RECORD. HAS THIS APPLICANT PRESENTED A FULLY SIGNED AND APPROVED TXDOT FORM 1058 DRIVEWAY ACCESS PERMIT, PROVING THAT STATE ENGINEERS HAVE OFFICIALLY CLEARED THIS SPECIFIC DANGEROUS WEAVING PATTERN FOR CONTINUOUS 24 OVER SEVEN FREIGHT TRAFFIC. ALSO, TO ADD THAT I WAS AT THE MEETING THAT WAS PRESENTED BY WALMART, BOTH OF THEM, AND THEY BOTH SAID THAT THEY WOULD NOT BE HAVING TRAFFIC ON WALNUT GROVE. SO THAT WAS A BRAND NEW INFORMATION TO MYSELF TONIGHT. I ALSO ALSO ASKED FOR FURTHER DETAILS ON PLANNED TRAFFIC PATTERNS FOR TRUCKS TRAVELING EAST TOWARDS WAXAHACHIE, AND HOW THEY WILL SAFELY TURN AROUND TO ACCESS WALMART. I BELIEVE THAT IT MUST BE IN CONSIDERATION THAT TRUCKS WILL BE COMING FROM DISTRIBUTION CENTERS IN FORT WORTH, OFF OF 287 AND 35, AND FROM DALLAS OFF OF 67. I DO NOT OPPOSE GROWTH, BUT I DO OPPOSE GROWTH THAT DOES NOT SUPPORT AND BENEFIT THE RESIDENTS AND FOUNDATION OF THIS CITY. THEREFORE, I FORMALLY ASK THE COMMISSION TO CONFIRM THIS CONSIDERATION PRIOR TO APPROVAL AND JUST WANTED TO ADDRESS THE SAFETY OFF OF 287, WHICH IS ALREADY KNOWN FOR CONGESTION AND SAFETY ISSUES. THANK YOU FOR YOUR TIME AND CONSIDERATION WITH THIS MATTER. THANK YOU. NEXT. THANK YOU. MR. SO YOU HAD ONE ALSO THAT WAS TURNED IN. I DID, YEAH. YOU'D STATE YOUR NAME, PLEASE.

YES. WHY DON'T YOU LIVE IN THE CITY LIMITS? GOOD EVENING. MY NAME IS ALEXIS FORD AND I LIVE IN THE GROVE OFF OF GREEN COVE DRIVE. IN THE DEVELOPMENT OVER THERE. MY OBJECTION IS ROOTED STRICTLY IN LAND USE, ECONOMICS, PUBLIC RESOURCE PROTECTION, AND OUR CITY'S LONG TERM FINANCIAL HEALTH. THIS PROPOSAL ACTIVELY UNDERMINES 400 MILLION IN ACTIVE CIVIC INVESTMENTS THAT MIDLOTHIAN TAXPAYERS ARE CURRENTLY FUNDING. WE HAVE COMMITTED 18 MILLION TO REVITALIZE OUR DOWNTOWN PARK, 25 MILLION FOR THIS NEW CITY HALL, 60 MILLION FOR A STATE OF THE ART PUBLIC SAFETY FACILITY, AND 300 MILLION FOR OUR NEW SCHOOL BOND. A SECOND WALMART CREATES A SEVERE CANNIBALIZATION EFFECT, WHICH IS WHEN A CORPORATION OPENS A NEW LOCATION THAT STILL, SALES, REVENUE, OR MARKET SHARE FROM ITS OWN EXISTING OFFERINGS.

THIS SHIFT STARVES THE EXACT INDEPENDENT RETAIL ECOSYSTEM. WE ARE SPENDING 18 MILLION TO BUILD DOWNTOWN. ADDITIONALLY, IT ALSO PLATEAUS OUR FOUR A AND FOUR B FUNDING. SALES TAX RESOURCES. MIDLOTHIAN THRESHOLD AT THE MOMENT FOR THE NEED OF GROCERIES AND RETAIL IS ALREADY MET WITH THE CURRENT WALMART, KROGER, ALDI, BROOKSHIRE, TOM THUMB AND THE FUTURE TARGET.

FURTHERMORE, BIG BOX DEVELOPMENTS PLACE A GROSS ECONOMIC DISPLACEMENT DEMAND ON EMERGENCY SERVICES, ABSORBING THOUSANDS OF SHOPLIFTING TRAFFIC AND PROPERTY CALLS WILL DRAIN DRAIN THE CAPACITY OF OUR NEW 60 MILLION PUBLIC SAFETY FACILITY, SHIFTING PUBLIC

[02:40:02]

RESOURCES AWAY FROM OUR RESIDENTIAL NEIGHBORHOODS. SECOND, WE MUST LOOK AT THE LONG TERM THREAT OF THE DARK OF THE DARK STORE THEORY. BIG BOX CORPORATIONS ROUTINELY APPEAL THEIR PROPERTY TAX ASSESSMENTS BY ARGUING THEIR STORES SHOULD BE VALUED AS IF THEY WERE VACANT ABANDONED DARK STORES, THEN SUING THE APPRAISER TO MATCH THE NEW RATE FOR THE NEW STORE. THIS IS A WELL KNOWN CORPORATE STRATEGY AND HAS BEEN WARNED FROM THE TEXAS COMPTROLLER TO AVOID SECOND STORE LOCATIONS. TOWNS SIMILAR TO OUR SIZE WITHIN NORTH TEXAS HAVE TAKEN HEED TO THE WARNINGS AND DO NOT ALLOW SECOND LOCATIONS FOR BIG BOX BIG BOX CORPORATIONS DUE TO THE STRATEGY, SUCH AS WAXAHACHIE AND MANSFIELD. WHEN WALMART IS SUCCESSFUL WITH THIS THEORY, THIS AGGRESSIVELY DEFLATES THE COMMERCIAL PROPERTY TAX BASE WE RELY ON TO PAY OUR CITY'S INFRASTRUCTURE AND SCHOOL BONDS. THIS STRATEGY WILL GIVE WALMART ESSENTIALLY A TWO FOR ONE PROPERTY TAX, FORCING THE CITY TO INCREASE RESIDENTIAL PROPERTY TAXES TO FOOT THE BILL, ARGUING THE COMMUNITY WILL BENEFIT FROM AN INCREASE OF SALES TAX REVENUE FROM A SECOND LOCATION. COUNTERING THE PROPERTY TAX DECREASE IS A RED HERRING FALLACY. AS WE KNOW FROM THE CANNIBALIZATION EFFECT. ADDITIONALLY, LARGE CORPORATIONS AND CHAINS REMOVE $0.87 ON THE DOLLAR, LEAVING ONLY $0.13 ON THE DOLLAR TO THE LOCAL COMMUNITY. FINALLY, DENYING THIS PROPOSAL WILL NOT BE ARBITRARY. IT IS LEGALLY MANDATED BY THE TEXAS LOCAL GOVERNMENT CODE, SECTION 211.004 TO ALIGN WITH OUR ADOPTED COMPREHENSIVE PLAN. THE PROPOSED DEVELOPMENT VIOLATES OUR LONG RANGE FISCAL GOALS BY CREATING A NET LOSS DENYING WALMART PROTECTS THE CITY UNDER SOVEREIGN IMMUNITY AND STATE CONSISTENCY LAWS, APPROVING A PROJECT THAT VIOLATES OUR COMPREHENSIVE PLAN IS WHAT ACTUALLY EXPOSES THE CITY TO LEGAL JEOPARDY. I URGE THE COMMISSION TO PROTECT MIDLOTHIAN TAXPAYER DOLLARS AND AND DENY THIS REZONING REQUEST. THANK YOU. ALL RIGHT. THAT TAKES CARE OF ALL THE PUBLIC SPEAKERS AT THAT TIME. I WONDER. DID YOU TURN IN SOMETHING PREVIOUSLY, SIR? I JUST DIDN'T HEAR MY NAME CALLED AS A SPEAKER. I'M CALLING PARTY.

PARTY LAST NIGHT. THANK YOU SIR. ALL RIGHT. WITH THAT BEING SAID, I'D TAKE A MOTION TO CLOSE THE PUBLIC HEARING. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND, HAVE A MOTION TO CLOSE BY COMMISSIONER ALTMAN, SECONDED BY VICE CHAIRMAN MCDONALD. PLEASE VOTE. PASSES SIX ZERO. ADDITIONAL DISCUSSION WITH STAFF FOR COMMENTS. ONE OF THE RESIDENTS HAD MENTIONED A TXDOT PERMIT FOR ACCESS OFF THE HIGHWAY. HAS THAT BEEN LOOKED AT? IS THAT PERTINENT? IS THAT IT SEEMS LIKE THAT OFF RAMP RIGHT THERE OFF 287 INTO FREEMAN IS VERY SHORT. YES. SO WHEN YOU DO THE DEVELOPMENTS, HERE'S THE TEX DOT PERMITS GO. THERE ARE SEVERAL LAYERS OF IT.

SO AT THIS PHASE OF IT, THEY SUBMIT THE TRAFFIC STUDY TO BOTH THE CITY AND TXDOT FOR THE TO IN CONCEPT OF WHERE. BECAUSE THEY HAVE TO SUBMIT IT FOR THE SIGNAL IMPROVEMENTS THAT WERE IN THE IN THEIR APPLICATION THAT THEY'RE PROPOSING TO DO, AS WELL AS THE ACCESS TO. 287 AND IN FACT, AS A PART OF THAT, THEIR TXDOT PERMITTING, THEY'LL ALSO HAVE TO SUBMIT THE CONFIGURATION OF THIS INTERSECTION BECAUSE OF THE PROXIMITY TO 287 ON BOTH SIDES OF THE FREEWAY. SO AT THE ZONING PHASE, THEY HAVE TO TURN ALL OF THAT IN, AND THEY GET A CONCEPTUAL APPROVAL. THEN THEY HAVE TO GO IN AND ACTUALLY DESIGN IT FOR, DO GO THROUGH THE FULL DESIGN PROCESS OF HOW THAT INTERSECTION IS GOING TO, HOW ALL OF THOSE INTERSECTION IMPROVEMENTS ARE GOING TO BE DONE, THE TIMELINE FOR THEM AND FOR THE SIGNALS, WHO'S GOING TO MAINTAIN THE SIGNALS, BECAUSE YOU ALSO HAVE TO HAVE AN AGREEMENT BETWEEN THE CITY AND TXDOT FOR THE SIGNAL MAINTENANCE AS WELL. AND SO ONLY AFTER ALL OF THAT IS APPROVED CAN THEY GET ANY PERMITTING TO DO THE WORK, BECAUSE THEY ALSO AFTER THEY SAY, YES, YOU CAN DO IT, THEN THEY HAVE TO GO BACK A THIRD TIME AND ACTUALLY GET THE PERMIT TO THE PERMITS TO DO THE CONSTRUCTION OF THAT WITHIN THE TXDOT RIGHT OF WAY. SO ALL OF THAT WILL THE FINAL APPROVAL WON'T HAPPEN UNTIL AFTER THEY'VE CONSTRUCTED IT, WHICH WOULD COME PRIOR TO THE PLAT. AS A PART OF THE CIVIL DESIGN AND ENGINEERING. THEN THEY WOULD GET THE FINAL PERMITTING AND THEY COULDN'T DO THE WORK OR OPEN WITHOUT THOSE

[02:45:07]

IMPROVEMENTS. THAT'S THOSE ARE THE REQUIREMENTS OF THEIR STUDY. SO. PIGGYBACKING ON THAT A LITTLE BIT, WHO WHO'S GOING TO PAY FOR THE SIGNALS. THEY ARE WALMART. SO THERE IS THERE CAN THAT PROCESS THROUGH TXDOT GO AHEAD. PRIOR TO THIS, IT SEEMS LIKE WE'RE PUTTING THE CART BEFORE THE HORSE A LITTLE BIT. SO THERE'S IT CAN. BUT IN ORDER FOR THAT WORK TO BE DONE OUTSIDE OF THE DEVELOPMENT PROJECT, THE CITY WOULD HAVE TO DO IT. AND THAT'S WHAT IS THE LIKE. EITHER THE CITY WOULD HAVE TO DO IT OR TXDOT WOULD HAVE TO DO IT. SURE. AND THEN WE BOTH KNOW HOW TXDOT IS VERY ON TOP OF THINGS. CORRECT. AND SO THAT'S WHY WHEN YOU HAVE A DEVELOPMENT PROJECT COME IN AND THEY'RE WILLING TO DO THE WORK, IT GOES FASTER TO GET THE APPROVALS, TO GET THE SIGNAL WORK DONE THAT HAS BEEN NEEDED VERSUS WAITING FOR EITHER THE CITY TO FUND IT OR TEXDOT TO FUND IT. IS THERE A PROCESS IN WHICH WE CAN SORRY. OH, IS THERE A PROCESS IN WHICH THAT WE CAN GET A PRELIMINARY APPROVAL THROUGH TXDOT FOR THIS BEFOREHAND? AS FAR AS A CONCEPTUAL APPROVAL? YES. IN SOME INSTANCES THEY'RE WILLING TO DO IT, BUT I JUST THINK THIS IS THE BIGGEST CHOKE POINT FOR ME PERSONALLY IS, IS THE TRAFFIC. AND I WOULD LIKE TO MAKE SURE THAT EVERYTHING IS COVERED IN. UNDERSTOOD. AND IT SEEMS LIKE, DO I HAVE THE FULL TIA IN THIS PACKET OR IS THIS JUST A PORTION OF IT? IT'S THE MEMO FROM MIKE. IT'S NOT THE FULL 100 PAGE. A LITTLE BIT OF MY CONCERN TOO. NOT THAT IT'S WRONG, BUT I'D LIKE TO SEE THE WHOLE REPORT. UNDERSTOOD. I WAS UNDER THE IMPRESSION THAT TXDOT WAS ALREADY PLANNING TO PUT A LIGHT THERE. IS THAT TRUE? YEAH, THERE'S PLANS FOR IT, BUT IT'S IT'S A TIMING. NO TIMELINE. CORRECT. AND THEN THE TWO. AND THE WALNUT GROVE LIGHT WOULD BE OURS THAT TEXAS DIDN'T HAVE ANYTHING TO DO WITH THAT. CORRECT. THAT ONE WOULD BE OURS.

OKAY. I GOT A LONG LIST FOR YOU. IT'S OKAY. SO I HEARD ONE OF THE RESIDENTS TALK ABOUT LIGHT POLLUTION, AND I JUST WANT TO MAKE SURE THAT I'M UNDERSTANDING FROM THE APPLICANT, BECAUSE I KNOW THAT THIS HAS COME UP IN OTHER DEVELOPMENTS THAT WE HAVE HEARD WHEN THERE ARE. THINGS LIKE ICE CREAM SHOPS NEXT TO HOUSES. SO WHAT IS THE LIGHTING MITIGATION TO REDUCE THE LIGHT POLLUTION? SO THERE'S SEVERAL THINGS THAT THEY'RE DOING. SO THE ONE OF THE BIG CHANGES THEY MADE IS THE DIRECTION WHERE THE THE LIGHTS ARE GOING TO BE FACING.

SO FOR ORIGINALLY THEY HAD PROPOSED IF IMAGINE TURNING THE WALMART WHERE THE. BASICALLY THE STORE WOULD BE FACING TO 87 VERSUS THE SIDING ON TO 87. YOU WOULD. EVEN THOUGH THEY'RE REQUIRED TO MAINTAIN IT WITHIN THEIR PROPERTY BOUNDARY, THE LIGHT, THE LIGHTING. YOU HAD THE POTENTIAL OF HAVING THE ALL OF THE PARKING LOTS, PARKING LOT LIGHTING FACING POTENTIALLY THE RESIDENTIAL VERSUS NOW YOU HAVE IT'S BACKING UP. THE BUILDING ITSELF IS FACING THE RESIDENTIAL, BUT THEY'RE. THE MAJORITY OF THEIR LIGHTING IS FACING IT. THEY HAVE TO COVER THEM SO THAT THEY'LL FACE DOWN. BUT THEN IT'S ALSO GOING TOWARDS WALNUT GROVE ROAD. BUT THEY ALSO ARE DOING THAT LANDSCAPE BUFFERING ALONG WALNUT GROVE, WHICH WOULD ALSO SHIELD THE LIGHTING AS WELL. OKAY. I ALSO HEARD A RESIDENT TALK ABOUT HOW IT WOULD FEEL AND SOUND. CAN YOU TALK MORE ABOUT THE SCREENING WALL AND HEIGHT REQUIREMENT OF THAT SCREENING WALL BEHIND WALMART ITSELF? SO THEY'RE REQUIRED TO DO SIX FEET BETWEEN NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENTS. AND SO THEY WOULD HAVE TO DO THE SIX FOOT WALL PLUS THE LANDSCAPE BUFFER BETWEEN THE WALMART AND THIS DEVELOPMENT HERE. WHEN THIS

[02:50:02]

TRACK THAT'S NOT OWNED BY THEM COMES IN, THEY TOO WILL HAVE TO DO LANDSCAPING AND A SIX FOOT WALL ALONG HERE. SO THE WALL WILL ESSENTIALLY GO HERE AND THEN GO TO HERE AND STOP. SO THIS PORTION OF THE WALL WON'T OCCUR UNTIL THIS DEVELOPMENT COMES IN. BUT THE WALMART WALL ESSENTIALLY WILL COME AND START HERE AND GO UP HERE. OKAY. ONE OF THE RESIDENTS MENTIONED HAVING A, A REQUIREMENT OR A DEADLINE TO START BUILDING THE HOUSES. SO MAYBE THAT'S A QUESTION, KEVIN, FOR YOU. ARE WE ABLE TO PUT IN A. TIMELINE OF WITHIN SO MANY MONTHS OF GETTING BUILDING PERMITS FOR THE SUPERCENTER, THEY HAVE TO ALSO THEN START AND COMPLETE A CERTAIN NUMBER OF RESIDENCES. YES. YEAH, I'M A LITTLE HESITANT ONLY. WELL, YES, YOU CAN PLACE PHASING REQUIREMENTS IF YOU WANT, WHICH WAS, I THINK, MENTIONED BY THE SPEAKER THAT WAS MISSING FROM THIS ORDINANCE. AND WITH RESPECT TO REQUIRING CERTAIN PARTS OF THE DEVELOPMENT TO BE BUILT BEFORE OTHER PARTS OF DEVELOPMENT OR BEFORE ISSUANCE OF BUILDING PERMITS FOR THOSE PARTS OF DEVELOPMENT. SO, YOU KNOW, SO THE QUESTION IS ULTIMATELY, WHAT DOES THAT LOOK LIKE? YOU KNOW, BECAUSE IF, YOU KNOW, I THINK IN THIS INSTANCE, YOU KNOW, THE THE RESIDENTIAL THEY'RE TALKING ABOUT IS SUPPOSED TO BE KIND OF THE BUFFER TO THE SINGLE RESIDENTIAL, MORE OR LESS LIKE A VERY LARGE SCREENING ELEMENT WILL. SO, YES, YOU COULD CRAFT SOMETHING IN THIS ORDINANCE TO REQUIRE THAT KIND OF PHASING.

OKAY. I ALSO JUST WANT TO KIND OF JUST SAY, FOR THE RECORD, IT IS ILLEGAL FOR US TO SPOT ZONE AND TO USE POLICE POWER TO SAVE IT. WE ARE APPROVING OR DISAPPROVING BECAUSE IT'S A WALMART. WE CAN'T DO THAT. THAT'S CORRECT. SO IF THIS WAS A TRADER JOE'S OR A COSTCO OR A SAM'S OR A TARGET OR ANYTHING ELSE, WE CAN'T APPROVE IT JUST BECAUSE OF WHO THE END USER IS.

WE HAVE TO MAKE OUR DECISION TONIGHT BASED UPON IS IT COMPATIBLE? IS IT CONSISTENT? DOES IT FIT? DOES IT MAKE SENSE? RIGHT. THAT IS CORRECT. AND THAT'S PART OF THE EVALUATION WE MADE ON THE SITE AS WELL. IS IS IS THE USE YOU KNOW, COMPATIBLE. AND ARE THEY MAKING AN EFFORT TO MAKE THE SUPERSTORE USE IN GENERAL COMPATIBLE ADJACENT TO RESIDENTIAL? AND IN THEIR INITIAL PROPOSAL, WHERE THEY HAD IT BACKING WHERE IT WAS NOT, IT WAS THE STORE WAS MOSTLY WITHIN THE HIGH DENSITY RESIDENTIAL. INITIALLY, THAT WAS ONE OF THE BIGGEST ISSUES WE HAD WITH THE INITIAL PLAN. SO MOVING IT A LITTLE FURTHER DOWN AND TURNING IT INTO TOWARDS THE ARTERIAL ROAD AND TOWARD AND HAVING THE TRAFFIC COMING OFF OF 287 AND WALNUT GROVE AND KIND OF REALLY FORCING THAT ISSUE OF SEPARATING ITSELF FROM THE RESIDENTIAL NEIGHBORHOOD, DID MAKE AN EFFORT TO MAKE A SUPERSTORE USE, BE IT WALMART, BE IT ANY OTHER GROCERY SUPERSTORE USER IN THAT LOCATION. AND SO WE'VE LOOKED AT IT KIND OF AND ATTEMPTED TO LOOK AT IT BLINDLY WITH IT NOT BEING A PARTICULAR USER AND HOW ANY OTHER USER, WHAT WOULD WE REQUIRE OF THEM? OKAY. THANK YOU FOR JUST REITERATING THAT IN THE ORDINANCE ITSELF, IN SECTION. THIS IS SECTION E ON THE SIZE OF. IT SAYS, OKAY, IT SAYS SUBAREA A, BUT I BELIEVE THIS MEANS SUBAREA B, CORRECT? THAT IS CORRECT. OKAY, SO THAT NEEDS TO BE A CORRECTION. AND THEN ON PART TWO IT SAYS THAT THE MINIMUM LOT SIZE WOULD BE 3500FT■S. HOWEVER, IT SAYS A MINIMUM LOT WIDTH AND DEPTH OF 45 AND 80, WHICH IS ACTUALLY 3600FT■S. SO THAT'S ALSO SOMETHING TO BE CORRECTED. AND

[02:55:04]

DO YOU RECALL WHAT IS THE MINIMUM LOT SIZE FOR BRIDGEWATER? THE MINIMUM LOT SIZE IN BRIDGEWATER IS 50 FOR THE SINGLE FAMILY 50 FOOT OR 40 FOOT 50. OKAY. AND TOTAL SQUARE FOOTAGE. DO YOU RECALL THE TOTAL SQUARE FOOT IN THE. APOLOGIZE THE 50 FOOTERS? I BELIEVE THE HOMES ARE 1600FT■S IN THE 50 FOOTERS. I HAVE TO DOUBLE CHECK THAT I'M REALLY. I WAS JUST MORE FOCUSING ON THE ACTUAL LOT SIZE THAN ARE THESE ZERO LOT LINE GARDEN HOMES. SO THE THE 50 FOOTERS IN BRIDGEWATER ARE NOT THE ATTACHED THE GARDEN HOMES.

THOSE ARE. THE SINGLE FAMILY IS THE SMALLEST UNIT. THE TOWNHOME DID NOT. THOSE HAVE TO COME BACK FOR THE TOWNHOME LOTS. THE. THE OTHER THING I JUST WANT TO SAY FOR THE OTHER COMMISSIONERS IS THAT IN OUR ORDINANCE SECTION L, THERE IS A TYPO ON THE OPENING PARAGRAPH IN REGARDS TO LOTS FOUR, ONE AND FOUR, AS WELL AS IN SECTION FOUR I AND AGAIN IN SECTION NINE, ALL UNDER SECTION L. SO THOSE CORRECTIONS WOULD ALSO NEED TO BE MADE. YES MA'AM. I NOTICED THOUGH I NOTED THOSE AS WELL AS THE CHANGE IN THE DIMENSIONAL STANDARDS IN SECTION E TWO WHERE IT TALKS ABOUT MAXIMUM DENSITY. IT'S SUPPOSED TO BE SEVEN INSTEAD OF TEN UNITS PER ACRE. OKAY. THANK YOU. THE LAST THING I JUST WANT TO SAY BEFORE I PASS IT ON TO THE OTHER COMMISSIONERS IS I FEEL LIKE HAVING GONE TO THE ORIGINAL MEETING AT THE CONFERENCE CENTER, I BELIEVE THAT WAS BACK IN FEBRUARY. I FEEL LIKE IT WAS REALLY COLD.

SO I FEEL LIKE IT WAS FEBRUARY. AND HAVING HEARD HOW IT WAS PRESENTED TO THE CITIZENS, I CAN REALLY UNDERSTAND THEIR FRUSTRATION WITH WHAT THEY HEARD. AND I FEEL LIKE THE APPLICANT HAS COME BACK IN. MADE A LOT OF CHANGES. THE OTHER THING IS I JUST WANT TO GO ON THE RECORD TO SAY, WE JUST APPROVED ANOTHER 1200 HOMES IN BRIDGEWATER, AND THAT GIVES US A TOTAL OF OVER, I BELIEVE, 3000 HOMES, 3300, 3300 HOMES IN BRIDGEWATER ALONE. AND RIGHT NOW, OUR TWO MOST POPULATED ELEMENTARY SCHOOLS ARE LONG BRANCH AND BAXTER, WITH LONG BRANCH HAVING ALMOST 800 STUDENTS AND BAXTER AT 646. SO WE HAVE A MASSIVE AMOUNT OF FAMILIES IN THAT AREA TO BE SERVED BY ANOTHER SUPPLIER OF FOOD. I HEARD SOMEBODY MENTIONED THE FOOD DESERT IN THAT CORRIDOR. ANYWAY, I JUST WANT ALL OF THAT TO BE CONSIDERED. ANYBODY ELSE? LET ME ASK ONE THING. ONE OF THE RESIDENTS MENTIONED OVERNIGHT TRUCKS. ARE THEY GOING TO BE MAKING DELIVERIES OVERNIGHT? I MEAN, WALMART'S CLOSING AT 11 OR SOMETHING OR YES, IT CLOSES AT 11. BUT WE COULD PUT THAT PROHIBITION IN THE ORDINANCE IF THAT'S SOMETHING. I JUST HAD A REAL ONE QUESTION AND THEN A COMMENT. WE DID JUST APPROVE AN APARTMENT COMPLEX. I THINK IT WAS ON NORTH SIDE. OR WAS IT GOODLAND ON THE AROUND THE EAST SIDE OF TOWN? WEST SIDE PRESERVE. YEAH. WEST SIDE PRESERVE. YEAH. WE APPROVE AN APARTMENT. AND THAT BACKED UP. WE HAD A LOT OF COMMENTARY BECAUSE SINGLE FAMILY HOMES BACKED UP ON THAT. CORRECT? THAT'S CORRECT. SO IT IS POSSIBLE THAT THAT THAT COULD HAPPEN. YES. OKAY. AND MY COMMENT WAS WHEN I PICKED OUT MY OUTFIT TODAY, I WAS NOT TRYING TO EXPRESS ANY SYMPATHY. I KNOW GREEN SEEMS TO BE THE COLOR TODAY, SO JUST MAKING SURE I'M NOT BIASED OR ANYTHING. ANYBODY ELSE? OKAY, I DO HAVE ONE QUESTION. IT'S KIND OF SEEMS TO BE OFF TOPIC COMPARED TO WHAT EVERYBODY ELSE ASKED, BUT THERE ARE TWO MONUMENT SIGNS ASSOCIATED WITH THIS. YES. WHERE DO THEY STAND AS COMPARED TO WHAT CODE SETS ARE THEY OUTSIDE OF THE. ARE THEY ASKING FOR A VARIANCE? I GUESS IS WHAT I'M GOING FOR. THEY ARE ASKING FOR A VARIANCE BECAUSE OF THE INTERNAL ILLUMINATION AND THE HEIGHT OF IT. THERE ARE 35FT FROM THE GROUND AND VERSUS YOUR STANDARD MONUMENT SIGNS, WHICH ARE AROUND 13 TO 15FT IN HEIGHT.

[03:00:09]

DIDN'T WE PUSH KROGER ORIGINALLY ASKED FOR LIKE 50. I THINK WE LANDED ON 35. OKAY.

I'M SEEING YEAH, YEAH, THESE THESE ARE SAME HEIGHT AS THE CREST CRESTVIEW. THEY'RE SHORTER THAN THE ONES AT THE MAIN STREET TOWN CENTER. AND THEY ARE. I DID NOT CHECK THE KROGER. I DO APOLOGIZE, OKAY. BUT WE DID. WE HAVE OBVIOUSLY ALLOWED THE SIZE OF HEIGHT DUE TO ROAD CONDITIONS, WHICH IS WHAT THEY'RE ASKING FOR. CORRECT. OKAY. ANYBODY ELSE HAVE ANY TARGET WAS ALSO 35 OR TALLER. CORRECT. THOSE ARE THE ONES THAT ARE I BELIEVE THE ONE IS 50FT. THEY ASKED FOR 70 BUT IT ENDED UP BEING AROUND 50FT. YEAH, THAT'S MAIN STREET, TOWN CROSSING. THANK YOU. OKAY, WITH THAT, BEFORE WE TAKE A VOTE HERE, I WOULD LIKE TO THANK EVERYBODY FOR COMING OUT AND STATING YOUR OPINIONS. WE APPRECIATE THAT. I ALSO APPRECIATE THE FACT THAT EVERYBODY STAYED KIND OF IN THE THREE MINUTE MARK THAT HELPED US GET ALONG WITH THAT. SO WITH THAT BEING SAID, I HEAR A MOTION. BEFORE EMOTIONS MADE.

DAN, CAN YOU BECAUSE OF YOUR EXPERIENCE ON THE COMMISSION AND KEVIN, YOU MAY HAVE TO HELP US THROUGH THIS, BUT CAN YOU GIVE US YOUR THOUGHTS ON THE PHASING FOR SUBAREA B, IF WE WERE TO ADD THAT IN THERE TIMELINE WISE, 24 MONTHS. AND MAKE SURE I UNDERSTAND YOU WANT A B, WHICH IS WHAT SUB SUBAREA B TO B, IT'S A RESIDENTIAL. THE HOUSES OKAY TO BE BUILT WITHIN EITHER WITHIN OR I'M TALKING OUT LOUD. I'M NOT EXACTLY SURE WHAT I'M ASKING HERE WITHIN.

I'M THINKING LIKE 24 MONTHS WITHIN COMPLETION OF THE COMPLETION OF WHAT'S TWO, WHICH IS THE WALMART. YOU MIGHT CONSIDER ASKING THE APPLICANT TO COME UP TO AND KIND OF ASK THEIR THOUGHTS ON IT AS WELL. PROBABLY DO THAT WITH THE APPLICANT TO MAKE SURE THAT'S FEASIBLE. RIGHT? NO, I'M NOT SPEAKING ON BEHALF OF THEM AT ALL. I JUST WANT TO BE I JUST WANT TO BE SURE. DID YOU SAY WITHIN 24 MONTHS OF THE DEVELOPMENT OF THE SUPERSTORE? YES. I DON'T SEE HOW WE ENFORCE THAT. I JUST ONCE THAT'S OPEN, THERE'S NO WAY WE'RE GOING TO BE ABLE TO GO BACK AND CLOSE IT DOWN. IF, IF I'M UNDERSTANDING YOU CORRECTLY. OKAY. YOU MAKE A GOOD POINT THERE. OKAY. YEAH, YEAH, WE CANNOT DO THAT WHATSOEVER. SO HOW DO YOU HOW DO WE TO THE RESIDENTS CONCERN? HOW DO WE HOW DO WE ENSURE THAT THEY WILL BE BUILT? AND KEVIN, I DON'T MEAN TO STEP OUT OF. BUT I DON'T I DON'T SEE HOW THAT STUFF OUT FIRST AND THEN I'LL TALK TO LEGAL AFFORDABLE OPTION. LIKE IF YOU DON'T GET THE HUSTLE, START WITHIN 24 MONTHS, YOU'VE GOT TO BUILD A 20 FOOT CONCRETE WALL WITH FLOWERS ON IT. THEY'LL DO THAT.

I MEAN, THAT WON'T. YEAH. I DON'T THINK THAT WOULD. YEAH. YEAH. AND I YEAH, TO EVERYBODY'S POINT. LET'S LET THE APPLICANT SPEAK TO THAT. YEAH. OR AT LEAST IN.

BRIDGEWATER I THINK HAS BEEN BUILDING NOW FOR SIX YEARS. AND SO AS YOU KNOW, IT'S HARD TO MANAGE A LITTLE LESS, I THINK MAYBE A LITTLE LESS WHEN THEY STARTED. BUT ANYWAY, IT'S IT'S HARD TO MANAGE TIMING. IT COULD GO QUICKER. IT DEPENDS ON A LOT OF THINGS. IT'S LIKE THE PAD SITES AND, AND THE RESTAURANTS. IT'S HARD TO JUDGE THE MARKET AND THE TIMING. OBVIOUSLY, OUR WISH WOULD BE THAT WE COULD DO IT ALL AT THE SAME TIME. I LIKE THERE WAS AN IDEA FLOATING AND, AND I THINK ONE, ONE IDEA WOULD BE IS THAT WE COULD, WE COULD LOOK AT OBVIOUSLY BUILDING THE GREEN SPACE AND DOING A LARGE, MAYBE A TEN FOOT WALL ALONG THE BACK SIDE OF THE WALMART. IN OTHER WORDS, SOMEBODY SAID 20 FOOT WALL. BUT I WAS BEING A LITTLE BIT. IT'S A LITTLE TOO.

IT WOULD LOOK LIKE A PRISON, BUT THERE COULD BE THERE COULD BE A SOMETHING LIKE THAT DONE.

SO YOU WOULD HAVE THE WALL BEHIND DIRECTLY BEHIND THE WALMART. THEN YOU WOULD HAVE

[03:05:02]

THE LANDSCAPING. SO INSTEAD OF PUTTING A WALL WHERE YOU WERE SUGGESTING CLOSER TO THE NEW WAITING FOR THE RESIDENTIAL DEVELOPER TO BUILD A WALL, WE WE WOULD CONSIDER BUILDING A LARGER THAN SIX FOOT WALL RIGHT BEHIND THE WALMART AND THEN DOING THE PARK AND, AND ALLOWING AND BUILDING A BIGGER BUFFER TO ALLOW TIME FOR THE RESIDENTIAL TO TAKE PLACE. IT JUST IS HARD TO MANAGE. SOMETIMES THEY GO FASTER THAN OTHERS AND DEPENDING ON WHAT THE MARKET MARKET DOES. BUT WE, WE INTEND. AND AGAIN, IT CAME FROM WHAT WE'VE SEEN HAPPENING HERE BEFORE AND THE NEED FOR THESE KIND OF HOUSES, WE'D HAVE TO PUT IT OUT THERE AND, AND GET THE, THE RESIDENTIAL BUILDERS AND THOSE GUYS ENGAGED. BUT WE FEEL LIKE THERE'S A MARKET HERE BECAUSE WE'VE SEEN IT, BUT IT'S HARD TO PUT A TIMING ON IT. SO TO YOUR POINT, IF WE COULD LOOK AT SOMETHING, A CONSIDERATION OF GOING AHEAD AND DOING A BUFFER WALL NOW. SO LET ME LET ME ASK ONE MORE QUESTION THEN. ARE YOU PLANNING TO DO THE BUILD OUT IN TERMS OF THE ROADS AND THE DRAINAGE FOR THE RESIDENTIAL PHASE? BE. YEAH, AT SOME POINT AND THEN OTHER DEVELOPERS COULD COME IN AND BUILD OR. YEAH. GOOD QUESTION. SO WE WOULD BE DOING THE WALMART AND THE, THE, THE OPEN SPACE GREEN SPACE PARK AREA RIGHT THERE. WE WOULD NOT GET INTO THE, THE HOMES WE WOULD, WE WOULD START ON THIS SIDE AND LET THE HOME DEVELOPER. AND THAT'S BECAUSE THE HOME DEVELOPER, DEPENDING ON HOW THEY DEVELOP IT, THEY MAY WANT IT SLIGHTLY DIFFERENT. AND SO WE HAVE TO LEAVE A LITTLE BIT OF LATITUDE FOR THEM IF THEY WANT, YOU KNOW, THE DETENTION POND TO BE A LITTLE BIT BIGGER OR SOMETHING LIKE THAT. YEAH.

SO A HOME DEVELOPER COULD COME IN AND SAY, I WANT TO PHASE IT AND START ON THE EAST SIDE FIRST, THEN THE WEST SIDE AND, AND DO IT THAT WAY. OKAY, SO WE DEFINITELY ARE GOING TO GET THE GREEN SPACE BEFORE THEY GET THEIR FINAL CEO, CORRECT? YES. THE TRAIL AND THE PARK AND ALL THAT WOULD BE WOULD BE BUILT AS A PART OF IT. AND THAT WOULD INCLUDE ALL THE TREES THAT YOU'RE GOING TO PLANT AND EVERYTHING. THAT'S RIGHT. AND THEN ALSO WHEN THOSE PAD SITE USERS COME IN, THEY WOULD HAVE TO ACTUALLY HAVE THEIR OWN LANDSCAPING PLAN ON TOP OF THAT.

SO WHAT WE'RE PROPOSING IS ALL THAT'S GOING IN WITH WALMART TODAY. SO JACKIE, THE QUESTION WOULD BE WE REQUIRE THE GREEN SPACE FOR THE CEO. AND THEN DO WE HAVE A DEFAULT DAY TO BUILD THAT WALL AFTER THE CEO IS GRANTED? AND I KNOW CLYDE'S GOING TO SAY THAT PROBABLY CAN'T WE EITHER HAVE TO GET IT ON THE FRONT END OR WE HAVE TO DO IF THE SCREEN WALLS BEING CONSTRUCTED. YEAH, YEAH. I WOULD BE VERY CAREFUL ABOUT A SCREEN WALL WITH WALMART BUILDING. I MAKE IT PART OF THE CEO REQUIREMENT. YEAH, OKAY. IT'D BE THE EASIEST THING. WHAT WAS THAT? KEVIN? I'M SORRY. I WAS GOING TO SAY IF THE SCREEN WALL HAS TO BE COMPLETED, IF THEY DO A TEN FOOT SCREENING WALL, TEN FOOT LOCATION, THEN WITH SCREEN, I MEAN, I JUST DON'T KNOW IF WE'RE CUTTING OFF OUR NOSE TO SPITE OUR FACE WITH A TEN FOOT SCREENING WALL. I MEAN, THAT'S A, THAT'S A BIG THAT'S A BIG WALL. THAT'S A VERY BIG WALL. SO JUST JUST BE CAREFUL. WHAT ABOUT PLATTING ALL THE PROPERTY AT ONCE? FINAL PLATTING ALL THIS AT ONCE. SO ALL THE PUBLIC INFRASTRUCTURE HAS TO GO IN AT ONCE. AND I KNOW THAT NOT GOING TO BE GREAT FOR THE DEVELOPER. BUT AT THE SAME TIME, I MEAN, I DO FEEL LIKE THE, YOU KNOW, THE VELOCITY OF THE MARKET ON THESE TYPE OF LOTS. RESIDENTIAL I'M TALKING RESIDENTIAL IS GOING TO GO QUICK. THERE'S A HUGE DEMAND FOR THIS TYPE OF LOT WITHIN MIDLOTHIAN. SO IF IF WE HAD A REQUIREMENT THAT EVERYTHING IS PLATTED AT ONCE, AND WHAT THAT MEANS IS ALL THE PUBLIC INFRASTRUCTURE IS IN PLACE AND ACCEPTED BY THE CITY AT ONE TIME, THEN I MEAN, THEY'RE NOT REALLY GOING TO HAVE A CHOICE BUT TO GET THAT THOSE HOUSES BUILT, I THINK. YEAH, I MEAN, THEY WILL HAVE A CHOICE, BUT. WELL, I THINK SO THAT WAS MY QUESTION TO THEM BECAUSE I THINK THE RESIDENTIAL THAT WE HAVE, GERALD WICKLIFFE'S NEIGHBORHOOD OFF MIDLOTHIAN PARKWAY ON THE SOUTH SIDE THAT DEVELOPED WITH A VERY HIGH PRICED HOMES MIDTOWN FOR THE SIZE MIDTOWN, THOSE HAVE ALL GONE REALLY FAST. AND BRIDGEWATER HAS SEVERAL THAT ARE NOT QUITE THIS DENSE, BUT THEY'RE SMALL LOTS. WE'VE HAD SEVERAL PROPOSALS THAT HAVE BEEN VOTED OUT WHERE THAT SMALL ONE THE DEVELOPERS SEEM. SO I MEAN, IF THE APPLICANT WOULD BE OPEN TO THAT, WE COULD DO THAT. THE OTHER ALTERNATIVE WOULD BE, YOU KNOW. I MEAN, I GUESS WE COULD DO THAT AS A CONDITION OF THE CO. I JUST, I, I'M, I THAT'S A HARD, IT'S A HARD PHASING TO, TO FORCE UPON SOMEBODY. SO I THINK SOMETHING ELSE THE COMMISSION COULD CONSIDER IS STRENGTHENING THE LANDSCAPING BEHIND THE BUILDING. IF THERE'S A CONCERN THAT THE RESIDENTIAL PIECE MIGHT NOT COME IN FOR A WHILE, WE COULD PUT STRICTER STANDARDS ON INCREASING THE LANDSCAPING BACK THERE TO PROVIDE MORE BUFFERING AND SCREENING OF THE REAR OF THE BUILDING FROM THE FUTURE RESIDENTIAL AS WELL AS THE EXISTING RESIDENTIAL THAT'S

[03:10:01]

THERE TODAY. OKAY. CAN YOU REMIND US HOW WHAT THE DISTANCE IS FROM NORTH, FROM THE BUILDING TO THE NORTH AND THE BUILDING TO THE EAST? I'M SORRY. I'M NOT SURE THE QUESTION. WELL, THEY HAD IT ON THEIR PRESENTATION. HOW FAR IS IT BETWEEN THE WALMART AND BRIDGEWATER TO THE NORTH AND WALMART BRIDGEWATER TO THE EAST. SO FROM WALMART TO BRIDGEWATER TO THE NORTH ON THEIR PRESENTATION THEY WERE SHOWING IT'S ABOUT 580FT. I'M SORRY 830.

AND THEN IT'S 585585 ON THE SOUTH BECAUSE TWO FOOTBALL FIELDS. YEAH. BUT THERE'S ANOTHER. WHAT WOULD THAT DISTANCE ONCE THE HOMES THAT ARE. SO THE DISTANCE THEY'RE ASKING FOR THE DISTANCE FROM HERE TO THIS THESE HOMES. AND THEN FROM HERE TO HERE. SO FROM HERE TO THE HOME, I'M NOT SURE EXACTLY. THERE'S A IT'S ROUGHLY IT'S ABOUT 30FT WOULD BE BIGGER THAN THAT BECAUSE IT'S, IT'S ABOUT 50. THERE IS A SCALE, BUT IT'S CUT OFF FROM THIS ONE. YOU.

REALLY LOOKING FOR THIS IS THE HOMES ARE NOT AS. MUCH. IT IS IMPORTANT TO NOTE THAT. WELL, I, I WANT TO SUGGEST THIS, I THINK I, I, I DON'T THINK I'VE SEEN A DEVELOPMENT WITH THIS MUCH GREEN SPACE, EITHER AS GREEN SPACE OR A TRANSITIONAL REAL ESTATE. I MEAN, USUALLY YOU PUSH FOR GREEN SPACE AS A THING AND WE'RE GETTING A LOT OF GREEN SPACE AND WE'RE REQUIRED TO BUILD OUT THE PARK SPACE. AND AGAIN, I DON'T KNOW, ANOTHER DEVELOPER I'M TRYING TO THINK WE HAVE REQUIRED WE HAVEN'T REQUIRED THIS. THEY'VE COME FORWARD WITH IT. SO I THINK WE'RE GETTING A LOT OF GREEN SPACE ALREADY. AND IF THE WORST THING THAT HAPPENS, IF THEY DON'T, LET'S SAY THEY FINISH OUT THIS, THEY'RE STILL A BIG GREEN SPACE AREA THAT THEY HAVE TO COME BACK. AND I JUST DON'T SEE A DEVELOPER LEAVING GREEN SPACE THAT'S DEVELOPABLE INTO SEVEN UNITS PER ACRE EMPTY, I DON'T THINK. I MEAN, THEY MAY NOT WANT TO COMMIT TO IT BECAUSE WE KIND OF POPPED IT ON THEM ON THE SPOT. BUT I THINK THAT WHAT WE ASKED FOR TO GET THE CEO IS FINISH OUT THE PARK, THE WATER FOUNTAIN, ALL THAT CO AND ALL THAT PLATTED AND GET THE GREEN SPACE FINISHED. AND THEN THAT STAYS GREEN SPACE AS YOU KNOW, A NATURAL BUFFER. AND WE COULD. STAFF COULD VISIT WITHOUT TREES. BUT I THINK THE, I THINK THE BASIC OF WHAT WE'RE GETTING ON THE PHASING IS THE NATURAL MARKET GROWTH WILL TAKE CARE OF.

THAT IS WHAT I THINK. I THINK IF WE GET THE PHASING WHERE WE COMMIT THAT THEY WILL HAVE. AND I DON'T KNOW ABOUT THIS WALL, YOU KNOW, A STANDARD WALL, SIX FOOT IS PROBABLY SUFFICIENT, BUT A WALL AND FINISHING OUT THE FINISHED OUT PARK GREEN SPACE AND THEN LEAVING THE REMAINING PARK GREEN SPACE UNTIL IT'S APPROVED. YEAH, I LIKE THAT. BLOCK AND GRASS. I THINK IF WE INCREASE THE LANDSCAPING WALL FROM SIX, I THINK IT'S SIX FEET. MY UNDERSTANDING INCREASE THAT TO EIGHT FEET. I AGREE TEN FEET IS TOO TALL, BUT I THINK EIGHT FEET IS A MORE APPROPRIATE HEIGHT. THAT'S PRETTY STANDARD FOR MOST PEOPLE WHO PUT IN A FENCE IN THEIR BACKYARD THAT WANT THAT LITTLE BIT OF EXTRA HEIGHT. AND THEN I, I WOULD NOT BE IN AGREEMENT TO PLATTING EVERYTHING ALL AT ONCE, BECAUSE WE ARE GIVING THEM THE LEEWAY TO PUT IN EITHER TRI OR QUADS, NOT JUST TRUE SINGLE FAMILY ONES. SO I DON'T THINK WE NEED TO PLOT THAT, BECAUSE I THINK THAT COULD CHANGE OVER THE NEXT FIVE YEARS. AS TO WHAT MIDLOTHIAN IS LOOKING FOR, WE ALREADY HAVE MORE ENTRY LEVEL HOUSING THAT WE'VE APPROVED IN BLUEBONNET HILLS THAT'S COMING. SO I THINK TO THEIR POINT AND TO CLYDE'S POINT, THAT WE NEED TO LEAVE THAT MORE VARIABLE. SO WITH THAT, I WOULD MAKE A MOTION TO APPROVE WITH A CORRECTION TO E ONE TO BE SUB AREA BE A CORRECTION TO SECTION L, THE INTRO PARAGRAPH SECTION L4I SECTION L9A RESTRICTION TO DELIVERY TIMES TO NOT OCCUR BETWEEN MIDNIGHT AND 5 A.M. AND THAT THE LANDSCAPING WALL IN SECTION F BE INCREASED EIGHT FOOT. I HAVE A MOTION TO HAVE A

[03:15:06]

SECOND. MADAM VICE CHAIR, COULD YOU REPEAT THE LAST PART? THE WALL BEHIND LOT. I WANT TO MAKE SURE I'M SAYING THIS CORRECTLY. LOT TWO. SO BEHIND THE SUPERCENTER THAT THAT BE AN EIGHT FOOT MASONRY WALL. AND I'M SORRY I MISSED THE HOURS OF DELIVERY. MIDNIGHT TO FIVE, MIDNIGHT TO 5 A.M. THEY'RE RESTRICTED BETWEEN MIDNIGHT AND 5 A.M. OKAY, THAT'S AN HOUR AFTER CLOSING AND AN HOUR BEFORE OPENING. YEAH. GOOD. I'LL GET STUFF UP THERE. ALL RIGHT. WE HAVE A MOTION TO APPROVE. WE HAVE A SECOND. SECOND. HAVE A MOTION TO APPROVE BY VICE CHAIR MACDONALD AND A SECOND BY COMMISSIONER ALTMAN. PLEASE VOTE. AND PASSES 5 TO 1. I JUST WANT TO SAY FOR EVERYBODY, BEFORE YOU GET UP AND LEAVE, KEEP IN MIND THAT PLANNING AND ZONING IS SIMPLY AN ADVISORY COMMITTEE. ANYTHING WE SAY HERE TONIGHT STILL HAS TO GO TO COUNCIL FOR APPROVAL. WE ARE SIMPLY ADVISORY. SO IF YOU FEEL VERY STRONGLY ONE WAY OR ANOTHER, PLEASE REACH OUT TO YOUR CITY COUNCIL PEOPLE AND TALK WITH THEM AS WELL. WE ARE SIMPLY MAKING A RECOMMENDATION BASED ON THE LAW. SO THANK YOU FOR COMING AND JOINING US TONIGHT. CHAIR, CAN WE HAVE A BREAK BEFORE WE HIT OUR LAST TWO? THANK YOU. W YOU KNOW WHAT. THANK YOU. ALL RIGHT. WE'RE BACK IN SESSION. ITEM NUMBER 11 THIS TIME. I'M SORRY.

[011 Conduct a public hearing and consider and act upon a request for an ordinance amending the regulations of Planned Development District No. 106 (PD-106), relating to the development and use of Lots 1-A and 1-B, Block 1, Sharka MDN Addition. The property is generally located at the southwest corner of the intersection of Railport Parkway and US Highway 67. (Z23-2026-071)]

IF I DO CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON A REQUEST FOR AN ORDINANCE AMENDING THE REGULATION FOR PLAN DEVELOPMENT DISTRICT 106 RELATING TO THE DEVELOPMENT AND USE OF LOT ONE A AND ONE B, BLOCK ONE MDN. ADDITION, THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF RAIL PORT PARKWAY AND U.S. HIGHWAY 67.

ALL RIGHT. GOOD EVENING AGAIN, MR. CHAIRMAN AND COMMISSIONERS. ANDREW BOGDA, DIRECTOR OF PLANNING TO PRESENT FOR TONIGHT FOR THIS CASE. SO THIS IS 361 ACRES LOCATED AT THE SOUTHWEST CORNER OF RAIL PORT PARKWAY AND US 67. IT'S CURRENTLY ZONED PD 106. AND THE REQUEST IS TO AMEND THAT. PD FUTURE LAND USE MAP SHOWS THIS AS PART OF THE INDUSTRIAL MODULE. CURRENT LAND USES INDUSTRIAL. THE PROPOSED LAND USE IS INDUSTRIAL. THE ANNEXATION AND ZONING HISTORY FOR THIS PROPERTY. SO THE PROPERTY WAS ANNEXED IN. ORIGINALLY ZONED BACK IN 19981999. THAT WAS AROUND THE SAME TIME THAT THE RAIL PORTEURS WAS ESTABLISHED. THE PROPERTY HAS HISTORICALLY HAD A MIX OF HEAVY INDUSTRIAL, MEDIUM, INDUSTRIAL, LIGHT, INDUSTRIAL, COMMERCIAL AND AGRICULTURAL ZONING DESIGNATIONS AT THE TIME OF ANNEXATION, AND THEN THE ENTIRE PROPERTY WAS REZONED TO PLAN DEVELOPMENT NUMBER 106 FOR HEAVY INDUSTRIAL USES IN 2017.

AND THEN OVER THE COURSE OF THE LAST SEVERAL YEARS, THE PD HAS BEEN SUBSEQUENTLY AMENDED FOR SITE PLAN CHANGES, PRIMARILY THE SURROUNDING ZONING FOR THE. THE SITE IS GENERALLY A MIX OF INDUSTRIAL AND AGRICULTURAL USES. IT'S BOUNDED BY 67 AND THE RAILROAD SPUR TO THE NORTH, AND THEN THE RAILROAD SPUR TO THE. TO THE WEST AS WELL, AND THEN RAIL PORT TO THE EAST WITH INDUSTRIAL AND AGRICULTURAL USES AROUND IT. AND THEN THE SURROUNDING LAND USES ARE GENERALLY FOR WAREHOUSE AND DISTRIBUTION USES TO THE NORTH, EAST AND SOUTH, AS WELL AS THE RAILROAD AND VACANT LAND TO THE WEST. THIS IS THE FUTURE LAND USE MAP SHOWING THE PROPERTY AND THE SURROUNDING AREAS ENTIRELY WITHIN THE INDUSTRIAL LAND USE MODULE, THERE IS THE.

THE QUARRY AND INDUSTRIAL MODULE AND THE ESCARPMENT CONSERVATION OVERLAY MUCH FURTHER TO THE EAST, AND THEN THE INDUSTRIAL MODULE PROVIDES OPPORTUNITIES FOR MANUFACTURING, ASSEMBLY AND WAREHOUSING. THE COMPREHENSIVE PLAN GOALS, STRATEGIES AND POLICIES. SOME OF THE. THE AREAS IN WHICH THIS PROPOSAL IS CONSISTENT IS BY ENCOURAGING A BALANCE OF LAND USES TO SERVE THE NEEDS OF RESIDENTS AND PROVIDE INCREASED OPPORTUNITIES FOR RESIDENTS TO WORK WITHIN THE CITY, ENSURING DEVELOPMENTS EXEMPLIFY THE COMMUNITY'S VISION, AND DIVERSIFY THE CITY'S TAX BASE TO PROVIDE RELIEF FOR INDIVIDUAL PROPERTY OWNERS. AND THEN FINALLY, ECONOMIC AND FISCAL RESILIENCY, ENSURING DEVELOPMENTS EXEMPLIFY THE COMMUNITY'S VISION AND DIVERSIFY MIDLOTHIAN'S EMPLOYMENT BASE TO PROMOTE SUSTAINABLE ECONOMIC GROWTH AND EXPAND LOCAL JOB OPPORTUNITIES. SO THIS IS THE THE PROPOSED

[03:20:06]

SITE PLAN. THE PURPOSE OF THE AMENDMENT IS TO MODIFY THE SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF PHASE FIVE AND SIX DATA CENTERS, AS WELL AS ALLOWING ON SITE GAS GENERATION PLANT. SO THIS IS THE THE THE MODIFIED SITE PLAN THAT'S BEING PROPOSED. AS YOU CAN SEE, NORTH IS TO THE IS PLAN WEST AND THEN RAIL PORT PARKWAY IS PLANNED NORTH AND THE PROPERTY IS CURRENTLY DEVELOPED WITH PHASES ONE, TWO AND THREE FOR DATA CENTER USES. AS PART OF THIS PLAN, PHASE FOUR IS SLATED TO BE REMOVED AND THEN. PHASES FIVE AND SIX ARE TO BE DEVELOPED ON THE EASTERN PORTION OF THE PROPERTY, AND THEN THAT ON SITE GAS GENERATION PLANT WILL BE LOCATED ON RAIL PORT AT THE SOUTH EAST CORNER OF THE PROPERTY. THE PRIMARY ACCESS WILL CONTINUE TO BE AT THE SECURED ACCESS POINT OFF OF RAIL PORT PARKWAY, AND THE DEVELOPMENT WILL BE SERVED BY PRIVATE INTERNAL DRIVEWAY SYSTEM. THE TWO DATA CENTERS IN PHASES FIVE AND SIX, WILL EACH BE 280 500 ZERO SQUARE FEET IN SIZE, WITH THE 800 SQUARE FOOT OFFICE AREA IN EACH BUILDING, THERE WILL BE MECHANICAL AND ELECTRIC GENERATOR YARDS ALONGSIDE EACH BUILDING, AND THEN THERE WILL BE TWO NEW SUBSTATIONS TO PORT TO SUPPORT PHASES FIVE AND SIX, AND THE OSG PAD WILL INCLUDE POWER GENERATION, EQUIPMENT AND FUEL GAS SYSTEM, AND THEN SECURITY AND CONTROL EQUIPMENT. THERE WILL BE A 14 FOOT TALL TRESTLE TO TO CONNECT THE OSG PAD TO THE GENERATORS, AND THEN THE EXISTING TEMPORARY CONSTRUCTION TRAILERS NEAR THE MAIN ENTRANCE ARE SLATED TO BE REMOVED IN 28, ACCORDING TO THE PLAN, AND THEN 199 PARKING SPACES WILL BE PROVIDED ACROSS PHASES FIVE AND SIX, AND THE LOADING AREAS WILL BE LOCATED AT THE SOUTHEAST CORNER OF EACH BUILDING AND THEN A FUTURE PHASE SEVEN IS IS SITUATED IN THE SOUTHERN PORTION OF THE PROPERTY THAT WILL REQUIRE PD AMENDMENT. ONCE THOSE SITE PLAN DETAILS ARE CONFIRMED. A LANDSCAPING LANDSCAPE PLAN HAS BEEN PROVIDED. IT SHOWS DROUGHT TOLERANCE, SEATS, SEATING THROUGHOUT THE PROPERTY WITH GROUND COVER AND SELECT AREAS. THERE WILL ALSO BE TREES AND SHRUBS IN THE PARKING LOT AREAS, INCLUDING THE ISLANDS. PHASE FIVE WILL HAVE ABOUT 60% IMPERVIOUS COVER. PHASE SIX ABOUT 85% IMPERVIOUS COVER. THERE WILL BE AN EIGHT FOOT TALL SECURITY FENCE WITH GALVANIZED MESH PANELS TO ENCLOSE THE PROPERTY, AS SHOWN ON THE SITE PLAN. IN ADDITION, THE TEN FOOT TALL CHAIN LINK FENCE NEAR THE PRIMARY SITE ENTRANCE WILL REMAIN, AND THEN A 20 FOOT SOUND ATTENUATION WALL IS PROPOSED TO FRONT THE OSG PAD ADJACENT TO RAIL PORT PARKWAY. THESE ARE THE ELEVATIONS AND ARCHITECTURAL REQUIREMENTS. ONCE THERE WILL GENERALLY BE ONE STORY BUILDINGS WITH THE MAXIMUM HEIGHT OF 36FT. THE OSG EQUIPMENT WILL ALSO BE NO TALLER THAN 36FT. THE ELEVATIONS SHOW PREDOMINANTLY PRECAST CONCRETE CONSTRUCTION, WITH PRE-FINISHED METAL COPING SYSTEM AND ALUMINUM FRAMED GLAZING AT THE BUILDING ENTRANCES, AS WELL AS KNOCKOUT PANELS AT REGULAR INTERVALS FOR PHASE FIT OUT PENETRATIONS AND UNKNOWN FUTURE PENETRATIONS IN THE WALLS. AS FAR AS THE PROPERTY OWNER NOTIFICATION, 15 POSTCARDS WERE MAILED TO PROPERTY OWNERS WITHIN 200FT, AND THEN THREE SIGNS WERE POSTED ON THE PROPERTY TWO ALONG RAIL PORT PARKWAY OR I BELIEVE, ONE ALONG AIRPORT PARKWAY AND TWO ALONG 67. TO DATE, STAFF HAS RECEIVED NO CORRESPONDENCE FOR THE ZONING REQUEST, AND STAFF RECOMMENDS APPROVAL OF THE REQUEST TO AMEND PD 106 AS IS COMPATIBLE WITH SURROUNDING ZONING AND LAND USES, CONSISTENT WITH THE FUTURE LAND USE MAP AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN POLICIES AND GOALS I'M AVAILABLE FOR. ANY QUESTIONS. I BELIEVE THE APPLICANT IS HERE AS WELL. HOPEFULLY THEY'RE STILL HERE. QUESTION TO STAFF. SO THEY'RE JUST REMOVING FOR WHAT. YEAH THEY'RE REMOVING FOR AND THEN ADDING FIVE AND SIX WHICH WEREN'T PREVIOUSLY PART OF THE PLAN. AND THEN AND THEN THE OSG PAD ALONG RAIL PORT. IS THERE SOMETHING ELSE GOING TO EVENTUALLY GO TO WORK FOR WAS OR IS IT GOING TO BE VACANT? I THINK THAT'S A QUESTION FOR THE APPLICANT. OKAY. ADDITIONAL QUESTIONS. AND THIS MAY BE AN APPLICANT QUESTION. HAVE THEY UPGRADED THEIR FACILITIES TO REFLECT THE UPDATED TECHNOLOGY FOR DATA CENTERS FROM THEIR PREVIOUS PHASES? YEAH. I THINK THAT'S ANOTHER QUESTION FOR THE APPLICANT. OKAY. THIS APPLICANT HERE AND WISH TO SPEAK. COULD YOU STATE YOUR NAME PLEASE. AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. AND THEN JUST STATE THANK YOU. MR. CHAIR.

COMMISSIONERS. MY NAME IS VICTORIA MORRIS WITH JACKSON WALKER. 2323 ROSS AVENUE, SUITE

[03:25:05]

600, IN DALLAS. HAPPY TO ANSWER QUESTIONS THAT YOU MAY HAVE. WE DO, OF COURSE, HAVE A PRESENTATION, AND WE'D BE HAPPY TO SHARE THAT AS WELL. AND ALSO REALIZE THAT IT'S LATE AND WE WOULD LIKE TO BE RESPECTFUL OF YOUR TIME AS WELL. SO I'M GOING TO DEFER TO YOU ALL. HAPPY TO GIVE THE PRESENTATION AND PERHAPS ANSWER SOME OF THE QUESTIONS. EXCUSE ME, THAT WE'VE HEARD THUS FAR. SO WHAT'S WHAT'S GOING TO GO OVER FOR USED TO BE. SO NOTHING IS PLANNED FOR THE AREA WHERE FOUR IS. THERE WAS A DATA A DATA CENTER PLANNED THERE. AND JUST THE TOPOGRAPHY AND NATURAL LANDSCAPE OVER THERE WAS JUST NOT CONDUCIVE. SO THERE'S NOTHING PLANNED AT THIS TIME. DID YOU UPDATE? YES, WE THE CAMPUS MAKES CONTINUOUS UPDATES OVER TIME TO ADVANCE ITS TECHNOLOGY. AND SO IT IS AN ONGOING PROCESS. OF COURSE, THESE BUILDINGS WILL BE UP TO CURRENT STANDARDS AS WELL IN THAT. AND THAT'S A BIG ONE OF THE BIGGEST CONCERNS WITH RESIDENTS IS OBVIOUSLY THE WATER, THE ELECTRIC USAGE, THE SANITARY USAGE, THAT KIND OF STUFF. I KNOW THAT WE'VE SEEN OTHER PROPOSALS IN THE IN THE RECENT PAST THAT HAVE ADDRESSED A LOT OF THAT NOISE COMPLAINTS AS WELL. JUST WONDERING IF THOSE HAVE BEEN ADDRESSED. FOR INSTANCE, I THINK YOU ALL HAVE PUT IN YOUR YOUR DEAL A CLOSED LOOP SYSTEM FOR YOUR COOLING. YES. SO THE DATA, THE DATA CENTERS FIVE AND SIX, THESE NEW PHASES WILL HAVE THAT CLOSED LOOP SYSTEM. I WILL SAY, IF THE PROFESSIONALS WANT TO CORRECT ME, I WILL HAPPILY BE SO. BUT THE CLOSED LOOP SYSTEMS FOR FIVE AND SIX. YES. AND THEN THERE, OF COURSE, CONTINUING TO LOOK AT THE EXISTING FACILITIES AND SEE HOW FUTURE UPGRADES COULD BE MADE. AS FAR AS THE ELECTRICITY PROVIDED, ARE YOU PROVIDING YOUR OWN YOU'RE GENERATING YOUR OWN ELECTRICITY OFF OF THE GAS. YES. SO THAT IS THE PURPOSE OF THE ON SITE GENERATION TO SERVE AS BRIDGE POWER UNTIL THIS BE TIED INTO THE INFRASTRUCTURE, LIKE THE THE REGULAR ELECTRIC INFRASTRUCTURE FROM ENCORE TECH, ERCOT OR WHOEVER AT A FUTURE DATE. YES, BUT THE PRIMARY PURPOSE OF THAT ONSITE GENERATION IS TO SERVE AS THE PRIMARY POWER ON SITE UNTIL THAT FUTURE CONNECTION BECOMES AVAILABLE AND, AND SERVICES SUFFICIENT FOR FOR THE THE PRIMARY ENCORE SERVICES. DO YOU HAVE A ROUGH TIMELINE ON THAT, OR IS THAT JUST UP IN THE AIR? IT IS A BIT UP IN THE AIR, BUT YES, CURRENTLY A COUPLE OF YEARS. BECAUSE IT IS ALMOST 10:00. CAN YOU JUST GIVE US A QUICK OF YOUR PRESENTATION? LIKE THE HIGHLIGHTS? YES. DOESN'T HAVE TO BE THE WHOLE THING. ABSOLUTELY. SO JUST EXCITED TO BE HERE WITH YOU ALL TONIGHT. GOOGLE HAS BEEN A CORPORATE CITIZEN OF THE CITY OF MIDLOTHIAN FOR OVER SIX YEARS, ADDING TO THE CITY'S HOMEGROWN WORKFORCE, EXPANDING ACCESS TO ESSENTIAL SERVICES, SUPPORTING YOUTH PROGRAMS THROUGH SPONSORSHIP AND MENTORING OPPORTUNITIES. WE'RE EXCITED TO SHARE THE LATEST PLANS FOR THE NEAR FUTURE OF GOOGLE'S CAMPUS. THIS IS. THE ZONING STAFF DID A GREAT JOB ON THAT BACKGROUND. AGAIN, THIS JUST SHOWS THAT DATA HALL FOUR WAS GOING TO BE OR IS PROPOSED TO BE REMOVED. AND THEN THIS IS THE UPDATED SITE PLAN AS WELL. THERE IS THAT 20 FOOT SOUND ATTENUATION WALL, SPECIFICALLY ALONG RAIL PORT FOR THAT ADDED PROTECTION. AND THEN JUST A VERY BRIEF SUMMARY OF THE REVISIONS TO THE ACTUAL TEXT OF THE PD ORDINANCE FOR THAT ON SITE GENERATION. AND THAT IS THAT THAT WAS QUICK. I SPOKE VERY QUICKLY. SO I HAVE A QUICK QUESTION FOR YOU. YES. SO LIKE YOU'RE SAYING, THE OSG IS GOING TO POWER PHASES FIVE AND SIX WITH THE INTENT TO EXTEND THAT TO POWER PHASES ONE, TWO AND THREE AS WELL. I KNOW THOSE ARE CURRENTLY SELF SERVED BY THE ACTUAL ENCORE SUBSTATION ON SITE. NO, I'M GOING TO GET CORRECTED. PERHAPS. IF YOU'D STATE YOUR NAME PLEASE, AGENT ABRAHAM, A RESIDENT OF GRAND PRAIRIE, ROUGHLY ONE IN THIS CASE. BUT SO THE OSC IS JUST GOING TO POWER PHASE FIVE PROPORTION OF PHASE FIVE.

BECAUSE WE DON'T HAVE ENOUGH POWER ONCOR CAN PROVIDE TO SUPPORT US. OKAY, SO WHEN ONCOR HAS ENOUGH POWER, WE WOULD DECOMMISSION. OKAY. SO YOU QUIT USING THE ON SITE GAS EVENTUALLY, YES. WHEN YOU'RE CONNECTED TO THE GRID, POWERED BY ENCORE. YEAH. OKAY. SO SO YOUR INTENTION IS TO PULL OFF THE GRID AT SOME POINT. COMPLETELY CORRECT. THIS IS BRIDGE POWER. OKAY. AND THEN AS FAR AS THE COOLING GOES, I UNDERSTAND, I GUESS PHASES ONE,

[03:30:02]

TWO, AND THREE ARE EVAPORATIVE COOLERS. IS THAT CORRECT? YEAH. WHAT ABOUT PHASES FIVE AND SIX.

THOSE ARE THE CLOSED LOOP. EXCELLENT. YES. OKAY. AND THEN AGAIN, WOULD YOU GUYS TOUCH OR DO ANY UPGRADES TO PHASES ONE, TWO AND THREE WITH THE SAME COOLING BEING NON EVAPORATIVE.

BECAUSE WE ARE CONCERNED ABOUT WATER USE. WE MOST LIKELY WILL. BUT I, I AT THIS TIME I DON'T KNOW THE FULL DETAILS OF THAT. WE ARE LOOKING AT. I GUESS REDUCING THE USAGE BY INCREASING THE CYCLE CONCENTRATION. BUT THAT'S THE EXTENT THAT I KNOW RIGHT NOW.

OKAY. I'M JUST TRYING TO TAKE INTO CONSIDERATION OUR GOVERNOR'S MANDATE, WHICH I DON'T KNOW WHAT IS ALL ENFORCEABLE AT THIS MOMENT, BUT, YOU KNOW, DATA CENTERS TO BRING THEIR OWN POWER, BRING THEIR OWN WATER, YOU KNOW, WHATEVER THE SITUATION MAY BE. I JUST WANT TO MAKE SURE THAT WE'RE ON THAT SAME PATH BECAUSE, YOU KNOW, I DO BELIEVE GOOGLE IS IS A GREAT ASSET TO OUR COMMUNITY, BUT I WANT TO MAKE SURE THAT WE'RE STAYING UP TO DATE AND MAKE SURE WE'RE MAKING THE BEST USE OF THE RESOURCES THAT WE'VE ALLOTTED TO THIS. YEAH. OKAY.

THANK YOU, THANK YOU. ADDITIONAL QUESTIONS. THANK YOU. ANY PUBLIC SPEAKERS? KELLY KING, SPEAKER IN SUPPORT. SHE'S NOT HERE. I'M NOT SURE, BUT I THINK I WOULD. YEAH. CRYSTAL HUGHES, SPEAKER, OPPOSITION, IF YOU WOULD PLEASE STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. CRYSTAL HUGHES I LIVE IN OLD TOWN, MIDLOTHIAN. NOTHING AGAINST, YOU KNOW, DATA CENTER PEOPLE, BUT I THINK THAT MIDLOTHIAN SHOULD REALLY TAKE INTO CONSIDERATION IF DATA CENTERS ARE REALLY THE BEST USE OF OUR SPACE AND RESOURCES. YOU KNOW, I APPRECIATE THAT THEY'RE TRYING TO BUILD A BIG BUFFER WALL FOR NOISE, BUT IT BEGS THE QUESTION, WHY IS THAT NEEDED? I DID A RADIUS OF, I THINK, ONE OF THE OTHER DATA CENTERS THAT'S ON THE PROPOSED FOR TONIGHT, AND YOU SHOULD BE ABLE TO HEAR THE NOISE ALL THE WAY OUT TO AILES KITCHEN. SO IT'S JUST IT IMPACTS A LOT MORE RESIDENTS THAN YOU THINK, EVEN THOUGH IT'S IN AN INDUSTRIAL AREA, THAT RADIUS IS NONDISCRIMINATORY, RIGHT? IT IT GOES WHERE IT WANTS. IT'S GOING TO GO AROUND A WALL, RIGHT? LIKE. AND THE, THE ELECTRIC USE HONESTLY, LIKE THEY CAN BE SELF-SUFFICIENT UNTIL THEY GET TO OUR GRID. BUT AT THAT POINT, WHO'S PAYING FOR THAT ELECTRICITY? THE DATA FROM OTHER PLACES THAT HAVE DATA CENTERS, FAMILIES TEND TO SPEND AT LEAST 7% MORE YEAR ON YEAR IN ELECTRICITY, AND SOME AS MUCH AS 260% INCREASES. SO, YOU KNOW, I THINK THIS IS AN IMPORTANT TIME TO ASK, LIKE, DO WE REALLY WANT THIS IN MIDLOTHIAN? ARE THERE REALLY THAT MANY BENEFITS FOR THE COSTS? SO THANK YOU, THANK YOU.

ALL RIGHT. I THINK THAT'S ALL THE PUBLIC SPEAKERS WE HAD ON THAT. NO. ONE MORE. RENE. CHRIS.

KIND OF YOU SHOULD STATE YOUR NAME WHETHER OR NOT YOU LIVE IN THE CITY. PLEASE. HELLO, I'M RENEE COOK AND I'M A LONG, LONG, LONG TIME RESIDENT OF MIDLOTHIAN. I REMEMBER BACK WHEN WE WERE HAVING CONVERSATIONS WITH THE CITY COUNCIL ABOUT WATER AND HOW MIDLOTHIAN HAD SECURED WATER RIGHTS FOR OUR RESIDENTS, AND HOW THAT WAS, WELL, PLANNING FOR THE FUTURE. I KNOW DATA CENTERS UTILIZE A LOT OF THAT WATER AND I WOULD BE CONCERNED ABOUT THAT. MAINLY WHY I SIGNED UP TO TALK TONIGHT IS I UNDERSTAND THAT THIS IS LIKE PRELIMINARY TO GET APPROVAL FOR THE DATA CENTER AND EVERYTHING. AND I WAS DRIVING DOWN A ROAD THE OTHER DAY, MILLER ROAD, AND IT SAYS NO DATA CENTER TRAFFIC. SO WHY DO WE ALREADY HAVE SIGNS UP ABOUT NO DATA CENTER TRAFFIC IF THIS HASN'T EVEN BEEN APPROVED? THAT'S MY CONCERN.

THANK YOU, THANK YOU. ANYBODY ELSE? NO. OKAY. I JUST WANT TO MAKE SURE HEAR A MOTION TO CLOSE PUBLIC HEARING. AND MAKE A MOTION TO CLOSE THE PUBLIC HEARING. HAVE A MOTION TO CLOSE

[03:35:05]

IN A SECOND. PLEASE VOTE. CLOSES THE PAST SIX ZERO. ADDITIONAL QUESTIONS OF STAFF.

NO QUESTIONS. I'LL HEAR A MOTION. SORRY, MR. SKINNER, ANOTHER QUESTION FROM STAFF. I JUST WANTED TO DOUBLE CHECK AND VERIFY THAT THERE IS ON IN TERMS OF NOISE, GOOGLE ALREADY HAS PHASES TWO AND THREE, WHICH ARE ALSO BOUND BY NOISE LEVEL. IS THAT CORRECT? THE 60DB. IT'S.

NOT SURE IF WE HAVE THAT IN THE PD, BUT YEAH, YEAH, THEY'RE THEY'RE NOT SUBJECT TO ANY NOISE REQUIREMENTS CURRENTLY. OKAY. WE'RE JUST RELYING ON THE RETAINING WALL FOR NOISE. YEAH.

AND THAT REALLY THE, THE THAT'S FOR THE ON SITE GENERATOR. AND SO THAT'S BECAUSE THE GENERATOR IS EXPECTED TO GENERATE A CONSIDERABLE AMOUNT OF NOISE COMBUSTION. YEAH. AND THAT'S, YOU KNOW, AS THEY MENTIONED, IS INTENDED TO BE TEMPORARY. AND SO ONCE THAT'S ABLE TO BE DECOMMISSIONED, THEN THAT GENERATOR AND THAT, THAT SOUND WALL STRICTLY ALONG THE OSG WILL BE REMOVED. OKAY. THANK YOU. ADDITIONAL QUESTIONS. I'D MAKE A MOTION TO APPROVE THE MOTION TO APPROVE. WE HAVE A SECOND. I'LL SECOND MOTION TO APPROVE AND A SECOND, PLEASE VOTE. PASSES SIX ZERO. WE MOVE TO ITEM NUMBER 12. CONDUCT PUBLIC HEARING AND CONSIDER AND

[012 Conduct a public hearing and consider and act upon a request for an ordinance rezoning 395.7± acres out of the Bucknam Canfield Survey, Abstract No. 196, the Alfred B. Forbes Survey, Abstract No. 370, the Alex Forbes Survey, Abstract No. 369, the William Mullen Survey, Abstract No. 748, and the William Forbes Survey, Abstract No. 368, from Agricultural (A) District, Heavy Industrial (HI) District, and Planned Development District No. 108 (PD-108) to Planned Development District No. 192 (PD-192) for heavy industrial uses. The property is located on the south side of the Midlothian RailPort at the south end of Brookhollow Drive approximately 3,000 feet east of V V Jones Road and one mile west of Waterworks Road. (Z19-2026-058)]