Planning &: Zoning Commission Minutes Tuesday September 17,2024  MINUTES  PLANNING AND ZONING COMMISSION TUESDAY, SEPTEMBER 17,2024  The Planning and Zoning Commission for the City ofN Midlothian met on Tuesday evening, in the City Hall Council Chambers located at 104 West Avenue E, Midlothian, Texas.  The following Commissioners were present:  Scott Koehler Jackie McDonald Ron Bland Dan Altman Maurice Osborn Lee Skinner Mark Hill  S S $ S S  Vice-Chairman Commissioner Commissioner Commissioner Chairman Commissioner Commissioner  The following Commissioners were absent:  S  REGULAR AGENDA  Call to Orderand Determination of Quorum.  001  Citizens to bel heard-The Planning & Zoning Commission invites members of the public to address the Commission on any topic not scheduled for consideration for action on this agenda and present it to City Staff prior to the meeting. In accordance with' Texas Open Meetings Act, the Commission cannot act on items not listed on the agenda.  There were no citizens to be heard.  002 003 004  Staff review of the cases that were heard by City Council in the last sixty (60) days. Consider the minutes for thel Planning and Zoning Commission meeting dated: Consider and act upon a request for al Preliminary Plat of Westside Preserve, Section 5, being 66.640t acres out of the John Chamblee Survey, Abstract No. 192. The property is generally located south ofU.S. Highway 287, north of West Main Street. (PP09-2024- Consider and act upon a request for al Preliminary Plat of Shady Valley Estates, Phase 2, being 52.031 acres out ofthe. Benjamin G. Garvin Survey,Abstract. No.396. Thej property is generally located south ofU.S. Highway 287, north of Mt. Zion Road. (PP11-2024-84).  CONSENT AGENDA  August 20, 2024  78).  005  Staff presented the consent agenda and welcomed questions from the Commissioners. Commissioner Altman moved to approve consent agenda as presented. Motion was seconded by Commissioner Bland  and carried unanimously (5-0).    Planning & Zoning Commission Minutes Tuesday September 17,2024  PUBLIC HEARINGS  006  Conduct a public hearing to receive comment regarding a proposed ordinance adopting "Guiding OurFuture-I Midlothian 2045Comprehensive) Plan-"updating the City ofMidlothian Comprehensive. Plan, update pursuant to Chapter213ofthe' Texas Local Government Code, including but not limited to, City Vision and Guiding Principles, revisions to the Thoroughfare Plan and Future Land Use Plan, a comprehensive planning program, and official policy for thei future oft the City. (Case  No. C01-2024-095)  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Bland moved to close the public hearing. Motion was seconded by Commissioner Koehler and carried unanimously (5-0). Commissioner Altman moved to approve agenda Item# 006 as presented. Motion was  seconded by Commissioner Bland and carried unanimously (5-0).  007  Conduct a public hearing and consider: and act upon an ordinance amending the City of Midlothian Zoning Ordinance, by further amending Planned Development-146 (PD-146) by granting a Specific Use Permit for a Convenience Store with Gasoline Sales with site plan, elevations, landscape plan and signage. The property is generally located between Highway 287 and Old Fort Worth Road. SUPII-2024-052)  CONTINUANCE REQUESTED  Commissioner Altman motioned to continue agenda Item# 007. Motion was seconded by Commissioner  McDonald and carried unanimously (5-0).  008  Conduct a public hearing and consider and act upon an ordinance amending the zoning from Agricultural (A) to al Planned Development (PD): zoning district to allow for General Professional (GP) use and development on +/- 2.86 acres being out of Country East Estates Lots 1, 2A, 3, 4, and +/- .64 acres being out of the Benjamin Monroe Survey, Abstract 700. The property is generally located on the south side of FM1387 and is generally known by the following street numbers: 2330, 2428,2468,  2498, and 2628. (217-2024-73)CONTINUANCE REQUESTED  Commissioner Altman motioned to continue agenda Item# 008. Motion was seconded by Commissioner  Koehler and carried unanimously (5-0).  009  Conduct aj public hearing and consider and act upon an ordinance relating to the use and development of 33.339+ acres in the JT Rawls Survey, Abstract No. 933, by changing the zoning from Planned Development No. 4( (PD-4) District to a Planned Development (PD) District for Community Retail (CR) District uses; adopting development regulations including a conceptual site plan, sign elevations, and, landscape plan. The property is generally located on the south side of West Main Street, west of State Highway 67 and northeast of US Highway 287. (Z16-2024-66)  CONTINUANCE REQUESTED  Commissioner Koehler motioned to continue agenda Item# 009. Motion was seconded by Commissioner  Bland and carried unanimously (5-0).    Planning &: Zoning Commission Minutes Tuesday September 17,2024  010  Conduct a public hearing and consider and act upon an ordinance amending the regulations of] Planned Development-98 (PD-98) by amending the language including but not limited to parking. The property is generally located on the northeast corner  of South Walnut Grove Road and FM: 1387. (Z18-2024-74)  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Koehler moved to close the public hearing. Motion was seconded by Commissioner Altman and carried unanimously (5-0). Commissioner McDonald moved to approve agenda Item# 010 as presented. Motion  was seconded by Commissioner Bland and carried unanimously (5-0).  011  Conduct aj public hearing and consider and act upon an ordinance for: a Specific Use Permit (SUP) authorizing an exception Section 4.6017 ofthe Zoning Ordinance relating to building monument signs installed on Lot 1, Block A of Oncor Southwest Midlothian, commonly known as 57571 Forbes Road. The property is presently zoned Planned Development No 169 (PD-169). (SUP17-2024-80) *Commissioner Dan Altman  recused himself from agenda item 011*  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Bland moved to close the public hearing. Motion was seconded by Commissioner McDonald and carried unanimously (4-0). Commissioner Bland moved to approve agenda Item# 011 as presented. Motion was  seconded by Commissioner McDonald and carried unanimously (4-0).  012  Conduct aj public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a "secondary dwelling" relating to the use and development ofLot 29, Block G, of Four Trees Estates, commonly known as 4010 Underwood Lane, City of Midlothian, Ellis County, Texas. Thej property is presently zoned Planned Development 77 (PD-77) District and isl located on 1.61 acres. (SUP16-2024-77)  Chairman Osbourne continued agenda item #012.  013  Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a' "secondary dwelling" relating to the use and development ofLot5 5, Block 12, of Ashford Prairie Estates, commonly known as 3651 Shiloh Road, City of Midlothian, Ellis County, Texas. The property is presently zoned Planned Development 15 (PD-15) District and is located on +1.701 acres. (SUP14-  2024-75)  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Altman moved to close the public hearing. Motion was seconded by Commissioner Koehler and carried unanimously (5-0). Commissioner Altman moved to approve agenda Item# 013 as presented. Motion  was seconded by Commissioner McDonald and carried unanimously (5-0).  014  Conduct aj public hearing and consider and act upon an ordinance for an amendment to an existing Specific Use Permit (SUP) for Love's Truck Stop, relating to the use and development of an expansion and signage. The property is on Lotlof the S.T. Advisory Corporation Addition, located at 1501 West U.S. Highway 287 and  presently zoned Commercial (C) District. SUP15-2024-076)  Commissioner Koehler motioned to defer case to the next Planning & Zoning meeting. Motion was  seconded by Commissioner Bland and carried unanimously (5-0).    Planning &: Zoning Commissionl Minutes Tuesday September 17,2024  015  Conduct aj public hearing to considerand act upon an ordinance amending the use and development regulations of] Planned Development-24 (PD-24) to allow temporary storage containers on the property, being 27.71 acres ofLot 1,] Block. A, Walmart Addition, City ofMidlothian, Ellis County, Texas., commonly known as 4001 N. Highway  67. (Z26-2024-92)  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner McDonald moved to close the public hearing. Motion was seconded by Commissioner Bland and carried unanimously (5-0). Commissioner McDonald moved to approve agenda Item# 015 with the condition the approval is for Oct 1 to December 31 for years 2024, 2025 and 2026. Motion was amended by Commissioner Koehleri to add containers must bei in originallyapproved locations and motioned carried (4-  1) with Chairman Osbourne in opposition.  016  Conduct aj public hearing and consider: and act upon an ordinance amending the City of Midlothian Zoning Ordinance and Zoning Map, by changing the zoning of23.53+ acres out of the Benjamin Monroe Survey, Abstract No. 700, from Agricultural (A) District tol Planned Development District] No. 180 (PD-180) for Single. Family Residential Uses; adopting development regulations with site plan, and landscape plan. The propertyisg generallyl located on the northwest corner and) Midlothian Parkway and' West  Main Street. (Z19-2024-083)  Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Altman moved to close the public hearing. Motion was seconded by Commissioner McDonald and carried unanimously (5-0). Commissioner McDonald moved to deny agenda Item# 016 as presented. Motion was  seconded by Commissioner Altman and carried unanimously (5-0).  017  Conduct a public hearing and consider and act upon an ordinance relating to the use and development of +/-81.446 acres out of the A. Newton Survey, Abstract 802, by changing the zoning from Agricultural (A) to Planned Development District (PD) with residential zoning. The property is generally located along' Tower Rd. (Z08-2024-036).  Staff presented the agenda item and welcomed questions from the Commissioners. Speakers were Mark Geohlke of Midlothian and Kasha Dragon of Midlothian. Commissioner McDonald moved to close the public hearing. Motion was seconded by Commissioner Altman and carried unanimously (5-0). Commissioner Altman moved to approve agenda Item# 017 with the staff's recommendation that the six foot sidewalk bel kept as an amenity but require the five foot standard sidewalk instead of the four foot on the other side ofther road; a 12,000 square-foot playground canl be in thel location shown or can bec considered for another location at the election of the Developer; Developer will construct a sidewalk to provide walkable access for residents to Mount Peak Elementary and include a school crossing. Motion was seconded by Commissioner Bland and motion carried (4-1) with Commissioner McDonald in opposition.  MISCELLANEOUS DISCUSSION.  Staff and Commissioner Announcements  Adjourn    Planning & Zoning Commission! Minutes Tuesday September 17,2024  With there being no further business to discuss, Chairman Osborn adjourned  at  8:56 p.m.  Maurice Osborn, Chairman A22  ATTEST:  Mary Ellitt Mary Elliott,AICP, Planning Director