Board of Aldermen - Regular Meeting

Good evening. This December the 16th board of alderman meeting is hereby called to order. I'd like to ask Alderwoman Pat Hamilton to lead our invocation followed by the pledge of allegiance which I will lead. Please stand. Please join me in prayer. Dear Father in heaven, we thank you for the freedom that we share tonight to get together and to do the business of the city. Dear father, as we look back on the past year and all the meetings that you have blessed us with, Father, we thank you for that, especially since tonight's the last meeting for this year. And dear Father, as we are in the middle of our Christmas season, we just ask you, dear Lord, to remind us when we're doing the gifting and the giving that there is a reason for for this season. And we pray, dear Father, that you will remind us of the greatest gift that we could ever receive in your son, Jesus Christ. And now, dear father, we ask you to guide us into this meeting. guide us as voters that we will make decisions that are pleasing to you. We ask you, Father, for to bless our mayor as he guides this meeting and we especially ask you, dear Father, that all that is said and done will be in your honor and glory. This we ask in Christ's name. Amen.

Amen. Salute. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Be seated. Miss Stewart, would you conduct roll call? Yes, sir. Aldridge here. Collins here. Dickerson here. Ghart here. Gamut here. Hamilton here. Wallace

here. Pres all present. So obviously a qu for quum is established. U just a reminder for the guest guest here tonight or for all all individuals here. This meeting is streamed live on the city's YouTube channel as well as archive for playback. And for those of us with microphones, uh it should be on the color green when we're speaking so that everyone can understand uh what we're communicating. Board, you have the regular minutes of December the 2nd. Any questions or comments or motions on those? Motion to approve. Miss Hamilton. Motion to approve. Is there a second?

Second, Miss Aldridge. Any discussion? All in favor?

All opposed? Motion carries. You pass. Take one. Pass it down. Just a couple of updates from the mayor's update. Couple of general updates. One, the first letter of the board that you have in your packet is from Governor Tate Reeves uh to honorable Secretary of State Michael Watson. uh he has appointed Scott Trapalino, our GIS manager uh to the Mississippi Emergency Communications Authority uh to represent the GIS coordinating council statewide. So, we're thankful for Scott Trapalino and his expertise and things that he can take uh and help the state all the way in all the cities versus just one city. So, congrats to Scott Trapalino for getting appointed to that position. And also the letters following that are from the fire services team members that uh built the ADA ramp for the person that had the the needs after they had had a heart attack and CPR was performed, etc. One of our own team members from city hall and the fire department's gone above and beyond helping that person plus building a handicap rep so she can get in and out of her home now that she's out of out of rehab. So great job by the fire staff for handling that. You have the consent agenda before you, items 1 through 28. Any questions? Board questions, comments, or motions on the consent agenda?

Who who made the motion? Collins motion second. Wallace. Any discussion? All in favor?

All oppose? Consent agenda approved as is. uh board and and guests, I'm going to take one order a little bit out of one item a little bit out of order. I'd like uh madame clerk, we want to go to the old business item number one for bids open for craft road widening from college to church road or church to college road. Uh we have supervisor Medlin with us tonight as well as transportation or road manager from the county, Rob Garman. Bob German with us as well. But Andy, would you give an update? Uh, from the engineering side, I know we had multiple bids. I know the county and the city both reviewed those bids. Anything else the board needs to be aware of?

We got good bid came in on this 24th. We did open the bids. Um, and Leman Roberts is the one that came in, low bidder at $4,184,17.30. So, uh, we do recommend that, uh, approval be given for that.

Thank you. And uh board, I've briefed you before that uh Supervisor Medlin on behalf of the board of supervisors did approach the city about partnering with the city of OI branch to ex to widen that to five lanes, craft road to five lanes from church to college. Uh the county's portion through a memo of understanding. Uh they're going to contribute $2 million and the city of Alibre will pay the remainder around $2.4 million to make that project happen. Uh bids are in timeline for the work, Mr. swims. I'm sorry. Approximate timeline for the work. Um, we should probably be starting this um right after as soon as the weather is good after the first of the year.

Okay, very good. And length of time. We can't do it outside the school year. The length of time is going to require some work during the school year, I'm sure. Yeah, it won't be we won't be able to completely avoid that. So, but they do have a good plan in place uh for traffic control. We'll be building um on the outside lanes trying to keep two lanes open at all times. So a lot of vehicles in route to Lewisburg schools and also to and from work. So once completed that'll be a great ad. Uh Mr. Medlin, Supervisor Medlin, anything to add to this.

I just want to come up and present you with our part of Monday night board voted yesterday to go ahead and approve the check. I think theou wrote read that uh once you got the bid and accepted the bid that we would bring our portion to it to you and um I'm glad to be here to present it to the board. Um, I appreciate y'all working with us on that because I try to work for projects and and move traffic in in our area, all over the county really, but in our area especially. And uh, we actually, while I'm here, I would like to say we actually voted yesterday too for our attorney to do with y'all on the Bethl Road Bethl Road College Road light and widening in front hospital.

Well, thank you.

So, they agreed to go ahead with the whole project. um the five lanes from the hospital down to college and the and the red light and turn lanes on college and and Bethl. So we did that yesterday. He'll be working with uh Mr. D, your attorney onou. But I wanted to be here tonight to present this check to you and I guess it's I'm playing Santa Claus, so we'll sure take it. and we've done a lot of projects before, but I just uh wanted to bring this on tonight and and present to you in person and thank y'all for working with us on it. And um hopefully uh that quarter U craft road lacks about two miles being widened to five lanes all the way to I269. And hopefully we can do a joint project and I've talked to the mayor about it at some point when it's uh we're both able to fund it and uh have a five lane north south corridor all the way through and and what I talked to him about if we could do a joint project and do the two the two miles together save us a lot of money.

Yeah. So and I think I can our board will be willing to do that at some point when uh you know when the money is there for everybody maybe in in a year or so. So hopefully we can get something going on that. But I want to be here tonight present this to you. Excellent. And uh thank y'all again for it. And y'all have a merry Christmas. Who would you like me to give this to? I'll be honored to take that $2 million check. And that's your bodyguard with you there, Mr. German, but I just want to be here to give to you in person. And I have Rob, the road man here, too. But he's he's he probably want to sit back out. He's team photographer tonight. That's good. He It does a good job. Amen.

Anything to say? Thank you, sir. Uh, and it goes straight from me to Miss Stewart. I don't hold I don't hold them very long. Thank you, Mr. Medlin. I'll hold it. Thank you, board. You've seen the three quotes and the lowest and best bid that Mr. Swims has presented. Uh we still need a motion and vote on the bids to go forward with that craft road widening project. So move Mr. C Mr. Gavage motion second Miss Hamilton all in favor.

All opposed motion carries. Thank you to the county. We look forward to partnering and do h knocking that out and board on the other project that's next fiscal year. It would be as Mr. Mr. Medlin said to widen Beth Bethl Road five lanes from the hospital to college and add a traffic signal at College and Bethl Road is what that would entail. And that's about a million50,000 each for the city and the county to add that light in those lanes. Back on the regular agenda, planning commission old business. This is a public hearing for consideration of application for a zoning map amendment submitted by Chance Walker of Smith and Walker LLC on behalf of property owner Cynthia Fox trustee. The request is to reszone 108 plus or minus acres from AR agricultural residential district to R2 single family residential district for the purpose of creating Fox Paul Creek, a residential subdivision. The subject property is located on the west side of Davidson Road approximately quarter of a mile south of Goodman Road. This this date was set for the public hearing on November the 18th for it to take place tonight. Staff report please. Mayor,

one moment, Mr. D.

Um, mayor board, we did have a petition uh in opposition presented uh in regard to this application. Uh the petition has been reviewed by the planning staff and you can see the map uh on your uh monitors and on the screen. Uh the law uh in Mississippi and planning statutes is is that if you have a petition in opposition signed by the owners of 20% or more of the property adjoining any one side of the subject property that in order for a motion to approve to pass it would require three-fifths of the board uh the of the board of alderman uh in order for it to pass. Uh three-fifths of a seven member board would require five votes instead of a simple majority of four votes. Uh the petition is uh you know in compliance with state law and it's staff's recommendation that the board vote uh to recognize the super majority would be in effect. That way uh it's clear from the outset what the required vote would be in the event there were a motion to approve. So mayor it's my recommendation that the board vote. Need a motion second vote to recognize the supermajority in effect.

No question. If there's no are no questions. Is there a motion to recognize this super majority opposing? So move Mr. Wallace motion. Is there a second? Second. Mr. Collins. Any discussion? All in favor? I. All opposed? Motion passes to recognize this application as supermajority required, which as Mr. Dice said would require five votes instead of four. That's right, Mr. Swims or staff report rather.

Thank you, Mr. Mayor. Um, first off, I'd like to uh give the board a uh quick uh lowdown on on where this property is. Uh, this property is located on the west side of Davidson Road. It's about a quarter mile south of Goodman Road. It's on the west side of Davidson. Here's the intersection of Timber Oaks and Davidson Road. It's directly across. There you go. Thank you, A Song. Uh it's directly across from that intersection. Uh the intended use is a 262 lot single family subdivision called Foxpaw Creek. As you can see on the left side, there is the proposed preliminary plat. You can see uh the phase one, the first phase is 121 lots right there and uh to the west is the second phase which will be comprised of 141 lots. Also, you'll notice that there are some streams uh along the interior of the property, and I believe that there's some waiting for the court to determine uh the exact delineation of those streams, stream areas. On to quick summary. I'll give you all a quick summary. I'll endeavor to be brief yet thorough. Um, this request is to reszone from AR agricultural residential to the RD R2 single family residential zoning district. Uh, in the R2 uh it's a 9,000 square foot minimum lot

area is required. The existing land use is vacant. The future land use designation is suburban neighborhood and the applicant has also submitted a concurrent preliminary plat application which does meet all bulk requirements of the R2 zoning district. So when we look at the surrounding zoning and future land use map, uh on the left you can see that's the zoning and land use map. To the north is a church and there's some commercially zoned property. To the east we have detached single family residential homes. Uh on the north side of Timber Oaks Drive. On the south side of Timber Oaks Drive, we also have detached single family residential. Uh to the souththeast of the property we have Autumn Woods Memorial Park Cemetery. To the south are vacant properties. To the east, I'm sorry, to the west we have vacant properties also and a uh PUD with detached single family residential. Um when we move to the future land use map. Thank you. Uh the subject property you can see is in yellow here. To the north is commercial corridor. Uh to the east is rural estate as far as the future land use map. To the souththeast is public semi-public. To the south is suburban neighborhood. to the west is in suburban neighborhood

also and green space and that completes the u future land use map. Moving along uh the key features of this subdivision as you can see outlined in red uh are the two phases 121 lots and 141 lots. In purple, we have the proposed improvements to Davidson Road by the applicant. Uh we look going from north to south uh right there in the the lower right hand corner of your slide here. Uh Davidson Road offside improvements on the east side toward Goodman Road. The applicant proposes adding curb and tapering from 30 feet to 24 feet. Uh there will be a crosswalk right there near the the church. And then moving on to uh further south. Davidson Road will be widened to 24 feet with an open whale section and 5-ft trail. And then once we get past the intersection of Timber Oaks and Davidson Road, there is no widening proposed uh although the trail is proposed. Um also the applicant proposes to have traffic circles in both phases and traffic calming devices in phase two. Detention areas will also be used as open spaces for both phases and the stream buffers as we previously discussed. So I'd like to also present some slides showing some of the uh improvements.

This is the trail and fence uh that the applicant proposes. The fences are for the entry areas, the entry boulevards, uh, which are right there. Thank you. And, uh, that's a crossbuck fence. Uh, there are several options here. Uh, those would be at both entrances. As you can see, you can see the fences in the, uh, exhibit here. I'm gonna move to the next uh, amenity here. Uh this is the landscape and site furnishings. As you can see, the applicant does propose in the upper leftand corner of the slide uh pavilion options for around the lake. There would be a pavilion around that lake along with the walking trail. You can see also some parking there and I believe that there's a male kiosk in that location. Um there's also uh a median entries for the entryways to the subdivision. There's two of them as you can see. One's directly across from Timber Oaks and the other one's more toward the north uh toward the norththeast corner of the property. Okay. So the criteria which is used to evaluate a reasonzoning are listed below. Uh the original number one the original zoning classification for the property was a mistake. Uh the property was annexed into the city of Olive Branch in 1996 with an AR agricultural residential zoning classification and there's been no change to the zoning designation of the parcel since annexation. Uh number two, the ar the character of

the neighborhood is changed to such an extent to justify the proposed resoning. That's the second criteria. The applicant contends that major changes to surrounding areas do justify the proposed reszoning, citing sewer extension into the area, Goodman Road improvements, lower density than Crumpler Place and Cherokee Trail subdivisions, and the city's comprehensive plan 2040, which recognizes changing character of the neighborhood and designating the subject property on the future land use map as suburban neighborhood. Other consideration is that while there are several subdivisions of subdivision character remote to the subject property, there are also others within 200 ft to one uh.3 1/3 of a mile that have a rural estate land use character. Some of these subdivisions sub some of these subdivisions are more proximate to the subject property along Davidson Road than Crumpler Place and Cherokee Trails. Uh as you can see on this graphic, uh we've detailed the subject property here in yellow. uh this property. Oh, sorry. In yellow, uh here's the subject property. The R2 minimum lot size is 21 acres and the intended density is 2.43 developed units per acre. Uh moving to the east in green, we have larger lots uh that are usually 1.33 to 11.39 acres and that density is.19.

Uh moving further east, you can see that the density does start to increase. Uh these are lots that are more distant from the subject property. Uh we've got 1.0 to 2.84 84 acres, 62 developed units per acre. In red, 29 to.92 acres with a density of 1.91 developed units per acre. If we look to the west, we have Wedgewood with a area density of 1.59 developed units per acre. So number three, our third criteria for uh a reasonzoning change is a public need exists for the resoning. The applicant submission contends that Olive Branch has a shortage of housing units. A public need exists for the resoning as it will facilitate the development of new single family homes. The planning commission finding is the future land use map in the comprehensive plan 20 240 does designate the property in its entirety as suburban neighborhood. Additionally, the R2 single family residential zoning district generally aligns with the policies and land use character of suburban neighborhoods. We also have the transportation character. The transportation character of Davidson Road has not changed since annexation and has remained a rural street. The developer does propose widening Davidson Road to at least 24 ft wide with two drive lanes, which will include extending the curb, gutter, and sidewalks southward to the church

entrance as earlier discussed. So we get to the recommended options. Option one, affirm the unanimous planning commission 50 recommendation at its November 12th, 2025 meeting to approve based upon a finding that the land's character of the broader area of the property has changed and that there is a public need for the reasonzoning reflected in the suburban neighborhood designation of the property within the comprehensive plan 2040. Option two would be to deny the requested zoning based upon a finding that the existing AR zoning property of the AR zoning of the property is not a mistake. The landing's character of the area along Davidson Road has remained rural over the years and the R2 zoning district would permit developments of a greater density that would be misaligned with the character of existing develop developments along Davidson Road and its environments. Option three would be to remand to the planning commission with specific directives for the applicant's consideration. And option four would be other courses of action as the board deems proper. That concludes staff report.

Thank you, Mr. Norman. Board, any questions on the staff report? Does the applicant have anything else to add to this application?

Yes, sir. Thank you. Uh my name is Jason Gambone. I'm the director of uh land development for the Memphis region for Garden Street Communities. I live at 4749 West Petite Loop here in Olive Branch. Um I do have a couple of things that I do need to to say here and I do need to correct the record on a few items that Kevin um talked about there with respect to the application tonight. U just to start off I did want to explain you know who Garden Street Communities is. We are the lot developer for Adams Homes. Um, for those of you who may not be familiar with Adam's Homes, they are um pretty active. They're headquartered in Pensacola, Florida, and very active throughout all of SEC country, basically building homes um as far as privately held home builders um in the country. Adams Homes ranks about the 13th largest of privately held home building companies. Um they built literally tens of thousands of homes, been in business for well over 30 years throughout the southeast. What they pretty much specialize in is uh one-story uh floor plans with open floor plans, I should say. And they use high quality building materials. Um the houses are brick. They use hardy plank siding on some of the remaining portions. use roof truss systems which are stronger and hold up a little bit better as far as roof quality. So they sell to people um essentially good value, good quality and they try to keep the homes at prices that are attainable to people. Um with Foxpaw Creek what price ranges would these homes be Mr. Campbell? Well, the homes would probably be in the neighborhood of 325 at the very lowest up to probably

400,000. So, yeah, I'm not going to say that's affordable. It's probably not affordable, but at least it's it's somewhat attainable for people. Adams, a lot of times will focus on the uh first-time home buyer for those that might be a little more affluent and oftentimes the move up market which you know frees up some houses sometimes that are less expensive for other people to enter the housing market and oftentimes uh Adams has found that the uh product is is popular with retirees because although Adams does build two-story homes and the wide range of things a lot of times retirees like the single level uh floor plans So really with Foxpaw Creek, one of the main goals of the project is to try to um provide that attainable uh housing. Um we really think that we have designed a good subdivision here. Um would be need to be, you know, attractive for prospective customers of Adams Homes and it would be something I think that the city could be very proud of. Adams is actually a large builder here in Olive Branch and has pulled a lot of permits, but they haven't done so in any subdivisions that were designed by Garden Street Communities. What they've done is they bought lots from other developers um and build in there. So, this would be the first Garden Street Communities land development project that would be um provided for Adams Homes, which is the sister company, so to speak. Um, you know, one thing I did want to point out with respect to this application too is we're talking about single family home development. This really shouldn't raise as much controversy as it probably has. Um, you have about 15,000 plus single family homes here in Olive Branch. You've got dozens of single family subdivisions across the city. Um, and no disrespect to my colleagues that I met from uh the next application on

your agenda, but this isn't anything like a convenience store or it's not apartments. It's not a warehouse being built near a residential zone. It's just basically single family homes in a single family subdivision. Um, you know, one thing with respect to the uh design that I did want to point out, it was pointed out in the staff report that the minimum lot size is 9,000 square ft in that R2 zone. But within this development, within the 262 lots, the smallest lot is a little bit over 9,000 square ft and the largest lot is over 21,000 square feet. So, the largest lot in the subdivision is a half an acre in size. The average size of these lots is uh 10,664 square ft and more than half of the lots of the 262 are well over 10,000 square ft in size if you look at the uh median of of the sizes. Now, I think that the main thing and the reason that I think this is a good application really has to do with how this subdivision has been designed, which the staff didn't really hit on. Um, we have no lots or houses that are directly facing Davidson Road. All of the lots, what we have along Davidson Road is basically a wide landscape buffer. All of the lots are facing internal to the project. And so again along Davidson Road, what we're trying to do, I think it was mentioned about the rural character or transportation character, whatever that might mean of the road, but you know what we're trying to do is really preserve and enhance that with this project. So basically what we have along Davidson Road is we're proposing to maintain very wide tree buffers, 30 to 40 feet on our side of the property. But when you look at the aerial maps, there's actually about 10 to 20 feet of trees that are in the Davidson Road

rightway. So if you combine that with what we're proposing, you're talking about buffers that are 50 to 60 70 feet in width. Okay? And then along the project, Kevin had mentioned the two streams that go through and they have not been fully delineated. Um, however, the issue isn't so much their delineation, but how much protection they might require and and and what it appears based upon the initial evaluation from the environmental consultant that we've hired for the project that at least one of those two streams that run north south probably will not be considered blue line and would not require 60 foot wide protection buffers around it. And so and and also there's tributaries too that convey their ditches, their wet water conveyance systems that also would not require that protection. So while you'd have to keep those streams basically as drainageways, you wouldn't necessarily have to put those protection zones on them. So, we feel like once we got that environmental delineation that we could actually amend this plan somewhat to basically shift everything a little bit westward. And what that would allow us to do is basically take those buffers that we would be preserving along Davidson Road and actually make them wider and actually move the houses farther back. And I did some measurements and just for the sake of discussion, you know, from the front door of the houses that are along the east side of Davidson Road to what the back wall would be or back door of the houses that would be facing inward in the Foxpaw Creek development, you have a distance of about 3 to 500 ft. And within that 3 to 500 feet, of course, you've got Davidson Road and then you'd have this wide buffer. So, it's quite possible that during the summer months that anyone that was living across on

the opposite side of Davidson Road wouldn't even see, you know, any of the when there's foliage on the on the trees wouldn't even be able to see any of these lots. So, um I did want to talk on the resoning criteria as well. Um, first, uh, we're talking about the character of the area changing and and one of the reasons that Adam's Homes really likes this property so much. And this project's advanced to the point that it has is because of its proximity to Goodman Road that's changed. And I go back to the city motto of being able to live, work, worship, and play here in Olive Branch. And I mean, Goodman Road is really the main corridor. It's the main busiest road in the entire uh county. and you know being able to access that from this property is considered something highly desirable from the perspective of a of a home building company that's trying to again to market and sell their homes. Um you know one point is the second major change other than how what's how Goodman Road has changed over the years. Second major change is really the uh addition of central sewer out in that area which if you look at development patterns in the area um every time that the city has annexed property and extended the sewer what's happened is there's been land development. So with respect to the staff presentation where they're talking about transitioning and these basically these big lots you know all of those lots were there and built before there was central sewer in the area right and you know right now as a matter of fact you know the city annexed that 18 19 square miles you know back in 2021 and the city's literally spending tens of millions of dollars extending utilities to those areas. That's basically the way land development works in this region of the country. You have to have at least an acre, acre and a half of property to

be able to have a septic system here. So really more so than most other places in the country, you know, land development is driven here and economics are driven here by the addition of central tour to these areas. So again, a major change. So when I did my analysis in terms of densities, you know what we looked at? We didn't try to compare the density proposed in Foxpaw Creek to properties that weren't part of the city and didn't have central sewer when they developed. We were comparing to eight subdivisions that were the nearest ones that I could locate going to the east and to the west and also to the north to Ivy Trails. I was trying to find the subdivisions that developed post annexation with sewer. And if you take a look at the numbers there, what you would find is that that average of those eight subdivisions is 2.21 dwelling units per acre and what Foxpaw Creek is proposing is 2.43. So, we're pretty close to that. Um, and as Kevin pointed out, we are lower than Cherokee Trail. When you go over to the side of U Craft Road Corridor, that has 4.06 06 units per acre and also Crumpler Place which is at 3.18 units per acre. So again, we feel we're right in line with all of the development that's been done in that area post uh post addition of central sewer and then of course with the growth of the Goodman Road corridor. Um Kevin did mention the comp plan designates the property as suburban neighborhood and there's quite a bit of language in the comprehensive plan that talks about the economics of land development and the changes that happen when you have central sewer in an area. Um the idea of

developing this with 1acre lots would definitely not be something that is uh economically uh viable. Um there is certainly a public need for housing at attainable price levels. This is a problem that doesn't just afflict uh Olive Branch, but it's a nationwide problem. The country currently has a deficit in housing units of over four and a half million. Um short country nationwide. Um here in Olive Branch, your permitting for the last several years has been very slow. Um if you look at the period um between 2000 and 2021, Olive Branch was averaging permitting about 326 homes per year and you've been under 200 for for several years now. So you're really not and the reason is really simple. I think uh Tracy Kirkley gave you a presentation maybe a month or so ago that was she was talking about you know price range and that's really the problem is the homes that developers are delivering are basically too expensive people cannot afford those homes and again main goal of this project is to provide some attainable housing and meet that uh public need um I you know I have heard numerous times I think I'm sorry Alderman Wallace but I've heard numerous times where apartments were before the board and I remember you saying you know I've never had anybody really asking me in Olive Branch you know whether you know for apartments but I do suspect that you may have had people who have basically told you look you know my kids are you know can't afford to basically buy a house and raise their children here in in Olive Branch and that's not good for a city I think it's I think it's important for a city to offer housing stock for for families amilies. Um I did want to hit on the issue of u traffic. Um I did provide you with a

with a traffic study that was done uh prior to the city's planning commission meeting. Um and it shows that there is not a traffic problem being generated from this development. You know, one thing I think to keep in mind is that we have two entrances along Davidson Road and most of the traffic that would be generated by this development is going to be in the segment between our northernmost entrance and Goodman Road. So over that quarter mile segment, this traffic would not be passing by anybody's house. So zero impact for most of the traffic from this project. Um, you do have, um, there are five commercially zoned lots that are to the north of this project, north of New Jeremiah Baptist Church on both sides of the road. And, you know, just to give you some indication, if those lots were to develop with medical or dental offices, the amount of traffic that would be generated would be much more than what would be generated from this single family development. And if only two of those lots were to be developed with fast food restaurants, you would blow away the amount of traffic on Davidson Road that would be generated versus this single family development. I did provide a couple of you with some information about traffic on Timber Oaks, you know, as an example. And uh in that traffic study, it shows that at project buildout that wouldn't occur until 2029 when you had those homes that you would only be looking at basically uh one additional trip every 5 minutes on Timber Oaks Drive in the peak hour, the very very busiest hour of the day, whether it was AM or PM. And in the strip of Davidson Road between our two entrances, you'd basically be looking at maybe one additional trip every minute, minute, minute and a half between those

two entrances and that would pass by two residents. So I do think we have to put traffic into perspective here because if those commercially designated lots would develop, it's a lot more traffic generation than would be coming from this single family uh project. Um, I did want to also correct a little bit what Kevin said about what this project would be doing along the Davidson Road rightway. Um, right now you're in a situation where you have a substandard Davidson Road out there. You've got um in some cases 18 feet of pavement. Sometimes it widens out to a little bit over 20 feet in pavement, but that is considered to be substandard. So, you know what we would be proposing to do as part of this project is along the entire frontage of our project, we would be widening out that road from currently 20 feet all the way up to 24 feet. So, adding 4 foot wide of pavement and that would include the segment that's south of our project entrance to the south to the to the cemetery where we're not even adding a single trip on the roadway. um north of our project entrance, it would be widened out to 30 feet and we would be extending that uh pavement all the way up to where it currently is 30 ft. Um which is um where it currently cuts off where the sidewalk is. I did want to point out too from the perspective of the I don't think the baby likes my presentation. Sorry. But um I think the uh sidewalk section, we would be starting with a sidewalk section on the east side of Davidson Road where it currently cuts off going down about 400 ft crossing over at the new Jeremiah Church entrance and then extending a rural trail along the full frontage of our project. So

basically that is 3/4 of a mile of improved roadway, widened out roadway from 24 to 30 feet and also a pedestrian system. You currently have nothing out there. So it would be a pedestrian system where you had a rural trail and then you would be crossing over the street and you would have curb gutter and sidewalk on the other side. So it's an extensive amount of improvements to Davidson Road that would correct an existing deficiency that the city of Olive Branch has and it would be something I think that would be very valuable for uh public safety. U just to conclude I I did want to uh mention a few things. Um what you currently have on this property is is something that's generating little to no taxes for the city. Um in the postdevelopment uh condition based on 262 houses assessed at a value of 300,000. It would generate about $850,000 a year in property taxes. And then you would have about 650 new residents of the subdivision. and they would be out patronizing the businesses along Goodman Road, spending money in Olive Branch, and that would result in a substantial amount of uh sales tax revenues that would come to you on an annual basis. Again, I hit on it earlier. High housing costs uh have made Olive Branch unaffordable based on current income levels. Uh right now in the city, you are freezing out young families. You're stifling the move up market. Um, again, these houses are not necessarily going to be affordable, but they would be attainable for young families and provide for move ups and uh, one-story product for retirees. I mentioned the substandard road widths on Davidson Road that would be corrected. That's done at the developer expense. It's correcting a an existing city problem that's dangerous. You currently have no pedestrian facilities. We're talking about a full connection

all the way up. So someone could have pedestrian facilities all the way to Goodman Road. And in addition within the development itself with the trails, curb, gutter, and sidewalks, you'd have about five miles of walking area within the development itself. Um, you know, I I would say too, you know, when you go to and and this really that trail system and the sidewalk system provides a good opportunity. I mean, if you go to cities like Cerville or Germantown, I mean, there's those those residents have pedestrian facilities that they can use, and you actually have an opportunity here. If you look at the map, you could expand your trail system with minimal effort to be able to get over and get it over to Craft Road, maybe near your new vote center. I think it's a great opportunity for the city uh as well. you know, right now I went out there, you know, to knock on some doors back in October along that rideway and I got out of the car and I mean, the grass was high. You know, your public works department can only go out there and bush hog it every once in a while. There was there was trash and litter. Um, you know, in the post-development condition, you'd have it nice cleaned up with some preserved landscaping, some supplemental landscaping, and you'd have the homeowners association that would be maintaining that area all along the property frontage. So, I think in a post-development condition, it would look and function much much better, address some of the current problems you have um across the board here in the city. And I'd be happy to answer any questions you might have.

Thank you, Mr. Gam. Board, any questions of the applicant? Mr. Gam, what size house size is square footage?

Well, we had proposed that we would have a minimum of 2,000 living square feet. In our original proposal, we said that it would be good. And this isn't a deal killer for us, but we had said that uh we would possibly like to hold out 50 lots of the 262 to be able to do something smaller than 2,000. We have there's a house plan that I saw that's 1,900 square feet that I think Adams would would think would be marketable in the subdivision. So basically, but 2,000 would be the minimum. Um, in the in the second item, I actually did a projection of what worked with Adams to come up with a projection of what we thought the house sizes would be. And I had I think 35%, you know, took out the the the 20% for the ones that would be slightly less than 2,000 projected out that 35% of the homes or about 92 would be between 2,000 and 2300 living square feet. um we would have another 35% between 2300 living square feet up to 2600 living square feet and then another 10% that would be the most expensive homes that would be over you know the 2600 living square feet. So you know a builder the way building works is the builder is going to build the the largest house that they can possibly build there because it means the most you know profit margin. Um, so if all of the homes could be, you know, 3,000 square feet, I'm sure Adams will make all of the homes 3,000 square feet.

Do you know how many different floor plans are planned for this subdivision?

Well, we haven't gone through the extensive list. I would estimate probably 10. Uh, I gave examples of I think five or six of them to the staff. Yeah, I'm not sure if they have the PowerPoint that I provided on here, but um anyway, uh you know, each you know, any any type of production builder, you know, what they do is they have um you know, they have a basic floor plan and then they modify that with different roofs or different architectural treatments, different brick types. And so when I say there's there's 10, there's really be more like probably 50, you know, because of all the different variations that you could have or it's almost it's almost limitless how many variations of these uh floor plans you have. We would envision here that you would have the single story would probably be the most popular, but um you'd probably have number of twotory homes. You would also have some that would have side entry garage. you know, the larger homes, you'd have to put those on the larger lots a lot of times at the end of the culde-sacs where it fans out some. So, um, but it's really, yeah, we would anticipate a wide variety of, uh, housing types out there. Gotcha.

Thank you, board. Any additional questions? Uh, you said brick. Did you say 70% or did you say

Well, I I think you know the the brick would be probably could be a greater percentage. You know, it depends sometimes on whether you have a hip or a gabled roof. A lot of times if you have a gabled roof, you would put Hardy plank above the brick. And then, you know, the hardy plank's a high quality cementuous type of material that lasts long, but you know, you paint that different colors and you have some slightly different treatments of that Hardy plank that could show up there. So, I would say most of the homes would be probably higher higher than 70%. Mayor, if I could just a reminder to the board, there are actually two items on the agenda tonight related to this uh development. You have the item that is before you at this time, which is the zoning, and the request is to zone this to one of our conventional or straight zoning districts. It's a request to zone to R2, uh which again is a condition or a conventional, uh zoning district. Uh the minimum lot size I believe is 9,000 square foot minimum lot size uh in R2. Now questions and it's appropriate to talk about all the design elements of this uh at one time and so at some point the issues start to get coingled. Uh but things like square footage of houses or brick content or any of those design element features would really be more appropriate for uh in terms of board's consideration when you get down to an actual vote. Those items would come up at the plat stage which is an item on planning commission new business. I believe it's two uh and that item would be reached of course if the property were reszoned. If the property is not reszoned, we wouldn't reach that agenda item necessarily, but just want to mention that just for the board's sake. Procedurally, you have two items in front of you, a reszoning application and a plat application, preliminary plat. And items like or issues like square footage or brick content or issues of fencing and other aesthetic

issues are not really u appropriate for the reasonzoning aspect of this.

One one point to Mr. to follow up with Mr. guy was saying is that from a land development perspective, it's important to emphasize that that um buffer, you know, is really a key design element. Rather than fronting lots, whether they're large or small or whatever, along Davidson Road, transitioning from those larger lots with that wide buffer is really a key design element. And I do think it does speak directly to the to the resoning and and the plan that we have provided. So I do think some of the details about the houses and all of that um Mr. Dia is correct but um I I do want to point out that again those that that buffer transition is is very important part of our overall design.

Thank you Mr. Kimbo forward. Any additional questions before public comments? Mr. Mayor I with all due respect I could I could barely hear Jason with the child closed. I think it's Ohio State fan pulling for Jason's team that's already lost. Like I said, I don't think he likes my I think he's going to calm down. Thank you. Okay.

Any additional questions, board about the widening of I know this is the zoning, but I want to talk about you the road. Earlier you put up a split rail pitch split rail fence. Was that around the the what was that around? Was that That was around the two project entrances. So, you know, you'll be able to see, you know, when you're driving down Davidson Road, you'll be able to see in to the Timber Oaks entrance, you know, which will be nicely down the road. What's that? It wasn't proposed down the road.

No, sir. Really at the entrances. Now, the other at the other entrance, at the north entrance, we have a an existing lake that's up there that we would be reshaping and then amenitizing. It could be. I mean, I think it would look great. Personally, I you know, and again, Adams has a Garden Street has an interest in doing that because again, it's supposed to be there to attract potential customers. I think as far as the road widening, I'm going offsite north about 700 ft. And the city required curb gutter and sidewalk on that subdivision where, you know, the car wash and the um advanced auto parts and you know, that stuff is. And right now you have curb gutter and sidewalk and it cuts off at a certain point. So we'd be starting there on the east side of the road and we'd be widening. It's it's 30 ft wide at that point. We'd be taking that down from 30 feet and extending that pavement down 700 ft on the east side of the road. Um and we'd be extending that curb, gutter, and sidewalk about 435 feet. So it'd be kind of like here. The triangle would kind of go down to a point on the east side of the road. And then on the other side of the road, just south of the new Jeremiah Church entrance, we'd be picking up that widening on the west side along our side of the road, and we'd start at a small taper and then widen out to 30 feet at our north project entrance. So, we'd be adding a lot of pavement along there, and then we'd continue widening out Davidson Road for 24 feet along the whole frontage of the property. It's a considerable amount of um offsite improvements, but again, you've got a complete you'd have a complete trail system connecting across the street up connecting to that sidewalk. So, you could walk from the cemetery north of the church. You're not going to curb gutter it though. You just widen the road, right?

We Well, we'd widen the road, but we'd also have the trail. So, you'd be able to walk from the cemetery all the way up to Goodman Road and you'd have a complete pedestrian system. Yeah. you'd have to cross the street over it in front of uh you know in front of the new Jeremiah entrance, but you'd have a complete trail system and you'd have a widened roadway, which again I'd reiterate that is currently a substandard road. It's probably a dangerous condition and anybody walking out there it would not be prudent to do that because um you know it's dangerous. There's just not enough width out there of the of the lanes.

Additional questions? Thank you, Mr. Gambo. We'll call you back up as needed. This is a public hearing item. Public hearing item. If you're here and you're in favor of you're a proponent of this application, come forward. If you're a proponent and you wish to speak on behalf, you desire this application to go forward, come forward at this time. Seeing none, if you're in opposition, you're an opponent of this application, come forward. And I ask you to uh give the clerk your name and home address and ask you to limit to 3 to four minutes. U and fill out the little blue card as a comment card uh excuse me, information card uh on the furniture of the desk between me and you. If you'll fill that out with your name and address so the clerk will have a record of who spoke. If you want to speak in opposition of this application, come forward now. Good evening. My name is Bernice Morgan. I live at 6328 Timber Oaks Drive. I've been a resident of uh Olive Branch for approximately 45 years. A resident on Timber Oaks Drive for approximately 35 years. When we moved in, it was not even a road. We had a neighbor across from us and us and my mother-in-law live next door. We put in that road. We put in Timber Oaks Road or Timber Oaks Drive as it's now called. Um, I agree Branch does need housing, but this area is a rural area. That's the reason people moved out there. Um, the lots are large.

Reszone the property across from us, but don't put 262 homes on that property.

I mean, you're just just bombarding us with people. There's going to be two entrance exits coming out of that subdivision and they're going to feed onto Davidson Road. One of them is going to feed onto Timber Oaks, which is where I live right now. Our street or drive road, whatever you want to call it, has it's no longer a neighborhood road. We have two subdivisions that are to the east of us that use Davidson Road to come down and exit the subdivision by using Davidson to get down to Goodman Road because of the red light, which thank you God for putting that red light in. But we have a lot of traffic on Timber Oaks due to that fact. If you add 262 more homes, which I've been told by somebody that does traffic, whatever, there's usually nine trips from a home daily. 262 homes and nine trips added daily is over 2,000 entrance exits onto Davidson Road and then onto Goodman Road or up Timber Oaks. There's no other way to go. Davidson Road is deadended. You're gonna have to go out Davidson to Goodman or you're gonna have to come up Timber Oaks, which is my street. So, you're just bombarding us with all that traffic. You're going to widen the road. You're going to have to widen the road because of all the cars that are going to come through it. Olive Branch is the largest county in Dinnotto County. For the past five years, from what I saw on the internet, the growth of Dinnotto County, over half of it has been olive branch or yeah, olive branch. So, we're growing by leaps and bounds. Do we need 262 homes in a residential area that's kind of a rural area and supposed to be a rural area?

There's got to be other place to put it. Uh we did a petition in our area for the people that are going to be 100% affected, the people that front Davidson Road and we had the majority. We've presented it. We didn't get people on Timber Oaks because we were told that that was not um needed, but the majority or almost everyone on Timber Oaks would also sign that petition to stop this. The number of homes, the size of the homes, the size of the lots is what I'm directly uh in non- favor of along with the traffic and the safety and the other potentials, the crime, the all that that's coming into the neighborhood. I came to uh Olive Branch because it was a rural area, safe area, wonderful schools. Our schools are tapped out right now. I checked on all of them in the surrounding area. Pleasant Hill Elementary, DInnesota Central, all of them are at capacity. 262 homes in that area. What are they going to do with all those children? It's just not the right place to put it at this time.

Thank you. Thank you. Ma'am, if you'll do that blue card. Ma'am, if you'll do one of those blue cards on the little the countertop there and give it to the clerk, please. Next person to speak in opposition, come forward. You're opposed to this application. You'd like to speak in opposition, come forward. Mr. Pulley, will you come forward? Anyone else to speak in opposition of this application?

Come all Anyone else to speak in opposition of this application before the public hearing comments are closed? If you're here to speak for or against it, come forward. Public comments are hereby closed. Mr. Gambone, you heard the information provided. Do you wish to address any of the information to the board that was provided in opposition?

Yes, sir. The only thing that I would mention on this is there's some economic issues here that are at stake. And I think the the cost of the land is quite expensive. The the development cost to be able to um you know build all that road, water, sewer, do all that off-site improvement. you're into seven figures. I mean, there's there's carrying costs that are associated with um doing this type of development because of the size of the loan that you need to do this. Um the way that this business works is you take that big number of, you know, development costs and you divide by the number of lots that you have and you're going to get an amount, you know, development cost per lot. And then there's a, you know, there's a the small markup that goes with that that basically pays for, you know, Garden Street communities and the time, you know, and payroll and the time it takes for me to do this. But, you know, by the time you add all of these planning costs in, engineering costs, environmental, uh, geotech, um, engineering, obviously, you're getting, like I said, a very, very big number. And then when you go to sell the home, you know, you're basically looking at multiplying that number that you get of development costs by by five to determine the price of the home. In other words, if you have $80,000 of, you know, development cost and you have a, you know, 25% markup on that, you know, that's $100,000. And so the home that you're going to have to sell there to make the project work is $500,000. So, you know, if you decrease the lot yield, you know, the more and more you decrease the lot yield, the higher and higher the development costs per lot go and you end up at a price, you know, let's say that number instead of 100,000 goes to $120,000, then you're up to $600,000 homes. And kind of the key issue here is that you just don't have the market. And it's not just Olive

Branch, it's everywhere. there's just not enough of a market to be able to sell people 600,000 500 $600,000 homes. That market just isn't there. So, it makes the whole uh proposition, you know, unviable, you know, from an economic standpoint. You know, with that said, like I said, a builder is going to build as big a houses as they can. And you know, if this would be a profitable venture with, you know, larger lots and everything, I'm sure uh Adams Homes would Garden Street would do that and pursue that. It's just something that wouldn't work from an economic uh standpoint.

Mr. Gambone, let me ask you one question. Uh we just mentioned that the traffic person said that there would be nine trips over two well over 2,000 trips. Is that what your traffic study shows? Yes, sir. I mean nationwide it doesn't matter where the home where the single family home was built. That information that comes from the Institute of Transportation Engineers book and it's actually I think it's 9.57 per per home. So that's how you determine how much traffic is being generated by a single family development. And

again, you know, that same book, like I said, you could use that same book and it'll tell you, you know, how much traffic's going to be generated by a 2,000 square foot, you know, fast food restaurant, you know, all. So, that's where I got those numbers from. Really, the way you measure traffic isn't so much the trips per day. You measure traffic at the peak hour. So, um, the, uh, the resident had mentioned Timber Oaks. So, I had provided information to the board about how much traffic would be on Timber Oaks. And so, in both the AM and PM peak hour, this this project would generate one additional trip every 5 minutes during the busiest hour of the day in front of uh, any house that's along Timber Oaks. That's just an example, but again, most of our traffic is going on that segment that's not going by anybody's house that's north of the project entrance to Goodman Road.

Thank you. Any additional questions, board from staff or the applicant, Mr. Wallace? In the devel in this development, was was it doing like a gradual decrease from the larger lots out in or or how was that set up,

sir? Um well there was I do remember and this project never got never made it to the planning commission or to the board of alderman but a number of years back there was a developer who had done a project called Malard Point or Malard Lakes or something and the way they had designed that project was they had halfacre lots lining along Davidson Road and then there's really not enough depth to transition effectively but to get their number of lots up to the point that the project would be economically viable they transitioned down to lots that were only 5 or 6,000 square ft in size. And it was a bad plan.

You know, that's what our actually our traffic study when the traffic study started, it was based on 318 lots. That 318 came from that old Malard Point plan. But in my opinion, uh my professional opinion, doing this for 35 years, trying to do a plan like that where you're stepping down lot sizes in this circumstance is a is a mistake. I think the way that we've done it with that wide buffer that we're trying to make as wide as we possibly can is a much much better way to do that transition and I do think very very feel very strongly that that maintains the rural character along along Davidson and enhances it in fact by creating some facilities for people to walk and and more safety. So, I think the way that we've done this plan, you know, it's much more effective versus something uh than stepping down lot sizes. To answer Adam Manuel's question in terms of whether the lot sizes are being stepped down from Davidson Road to the west of the property, no. So, you do not have that step down here. If the intent was to have a situation where you step down from after this buffer, that is not the way this is designed.

No, sir. The buffer is our transition. And then from that point, the lot sizes are what the lot sizes are. And there's a wide range in there. Like I said, they go from 9,000 all the way up to half an acre, but they're just the larger lots are really more at the end of the culde-sacs. Mr. I was just going to remind the board that the question before the board at this point is whether to reszone this property from AR to R2. Uh any question as to other conditions and different aspects of the development would be appropriate at the plat stage. Uh but at this point the singular question before the board is whether to reszone the property from AR uh to R2.

Mayor Adams, I have a comment. I'm ready to tender a motion if there's no other board questions. Okay.

Um, all due respect to both parties, I appreciate the presentation and the lack of time interest of time tonight, I will make my comments very short. I don't think there's any question that this property needs to be reszoned. Uh, and we do need the housing aspect to it and at some point there will be a subdivision there. Uh, however, I've looked at this three or four times. I've been courted by both sides of the issue and I'm not convinced that R2 is exactly what we need in that area. So, uh my motion is to remand it back to the planning commission uh to an R3 planned subdivision. Uh that would be my motion. And uh Mr. D, if I need specific directives, I have them available or if it passes, I can give those to staff later.

Oh, that mayor, that's a sufficient motion. uh it would be to remand to the planning commission uh with the directive to work on an R3 application as opposed to the current R2 and that the supermajority does not attach to that remand. That's correct. The only time that a supermajority be in effect tonight is if you had a motion to approve the R2 zoning. So this motion uh to pass would only require a simple majority.

Okay. Mr. Earhart's made a motion to remand this back to the planning commission for R3 work up. Is there a second? Motion dies due to lack of second. Any additional comments or motions?

Mr. Mayor, let me make a couple of comments on this before we make another motion. There's been several applications here that have mentioned school capacity. This board has nothing to do with school capacity. We have an elected school board and that's their job is to handle school capacity. Recently in back in the last couple of days I saw an article about the size of the schools in the state of Mississippi. The number two school sizewise is DInnesota Central. There's 2400 students. South Haven is number five. It's got 2100 or so. All our branches got 1,000. It's nowhere near capacity. There's been no outcry about trying to get the school zones corrected. We're sending tax dollars over to increase Minnesota central schools and we've got empty classrooms in Olive Branch can be easily solved by just move some district lines. You wouldn't have to hire any more teachers. You got the same number of students. Those teachers can just move over to Olive Branch and start teaching. the middle school's the same scenario. They're nowhere near capacity over there. So that's not a consideration for me tonight is is and or any of these others applications that come up when we mention capacity of schools like your petition tonight. There's something that petition in my emails that I got that was disturbing. The crime that we're inviting that we're going to need the National Guard. That's ridiculous. We don't have We were not going to invite these people in. They're going to be murderers, car thieves, dope dealers, carjackings, whatever. That's not who we're coming in.

If you're looking because of the size of the house, who those people are, Alderman Wallace, Alderman Aldridge, me, we all live in houses that are smaller than what they're going to build here. We're not criminals. My neighbors are not criminals. David's neighbor is not a criminal. He's former mayor Sam Rackard. One of one of the people that spoke at the planning commission said this couldn't happen because there's a bunch of police cars always in here for crime. Well, he's right. We do have a lot of police cars in my neighborhood. It's because they live there. The officer of the year for Olive Branch Police Department lives in my neighborhood one street over from me. We got about four policemen that have lived or either living in Olive Branch right now that are serving on the Olive Branch Police Department. We've got a police officer from Horn Lake in my neighborhood. We've got one from South Haven. Up until recently, I had a highway patrol living in there. Our neighbors aren't criminals. We have ministers. We have teachers, firemen,

we have

great citizens. We have uh a lot of empty nesters over there that have moved here from Memphis or retirees that are living in a safe neighborhood. I've got a disabled veteran just moved in across from me not too long ago. He's riding in in his motorized wheelchair and he's thankful as he can be has moved into a safe neighborhood. And we're going to say that because these houses this size that we're going to need the National Guard in here. That's ridiculous. I'm sorry that if that upsets somebody, it just has to upset somebody because I I don't feel like my neighbors. You've taken a broad brush and point painted everybody in a small house as criminals. That's not right. And and I'm going to tell you, I have no problem with this presentation just as presented. They're going to widen the road. the curb and gutter in. I don't I think this is this is recent numbers I saw from Tracy Kirkley. Jason, you mentioned the presentation you mentioned us. The house sales the sweet spots around $350,000. These are year-to- date numbers from Tracy as of 1213 of this year been 753 homes sold in Olive Branch. The average sale price is right at 380,000. There's 79 pending sales right now. The average average price is 3792. There's 249 active listings for an average price of almost 424,000. Big gap there. The affordability is in that sweet spot of around the 350, a little bit less, a little bit more. That's what this is offering. And I I can't tell you how many David has mentioned that nobody comes and asks for apartments. I can't tell you how many people have come to me and said we need affordable housing for our kids and our grandkids to stay in another branch and

raise a family. This this application does that and I have no problem supporting it tonight. Thank you. Thank you. Any additional comments or motions? There are no other comments. I'm going to make a motion to approve the dead zoos presented by the planning commission based on those the land use character uh has changed and there's a public need for this reason motion on this application I hear a second Mr. Wallace. Second. Mayor, will you please repeat the motion?

The motion is to appro approve it as is, if I understood right. Uh Dickerson motion, second by Wallace. Any comments? Miss Stewart, would you conduct a roll call vote? Yes, sir. Aldridge? Yes. Collins? Yes. Dickerson, yes. Earheart, nay. Gamage, yes. Hamilton, no. Wallace, yes.

Five 52 vote, five yeses. It satisfies the supermajority application voted to be. It is approved. Next item on the agenda, public hearing for consideration of appeal of the board of adjustments November the 13, 2025, denial of a conditional use permit application for a convenience store with fuel pumps to be established on 1.20 plus or minus acre lot one of Holiday Crossing section A first revision subdivision. The pro the subject property is zoned PUD plan unit development district and is located at the northwest corner of Hackscross Road and Highway 302 known as 7015 Hacks Crossro Road. This public hearing date was set on December the 2nd for this date. Staff report please. Mayor Adam, before you is a request to consider an appeal from Lauren Ward regarding a conditional use permit that was denied for a convenience store with Falms at the northwest intersection of Highway 302 and Hacks Cross Road. This was considered by the board of zoning adjustment at his meeting on November 13 and it was denied. On account of that denier, the applicant has appealed the board's decision to you for consideration. So, I did mention the property is located at the northwest corner of the intersection of Hack Cross Road and Highway 302. That is the current Hadis restaurant. The proposal is for a convenience store with four palms pro particularly or specifically the Murphy's gas station. The intent is to construct a 2,824

square ft building with 12 fueling stations. That is basically six um 12 stations on that particular piece of property that will meet the threshold for convenience store with four pumps that are allowed on lots that are minimum 1 acre in size. At the end of last year precisely in December the board of adaman amended the zoning ordinance regarding convenience store with four pumps. He did address those that are proposed in plan unit developments. This piece of property is a PUD, the Holiday Crossing PUD, and that particular amendment required that convenience stores with four palms shall be subject to a conditional use permit. So I didn't mention the board of adjustment reviewed this on November 13 and denied basically based on two main criteria that are required to be met before a conditional use permit can be granted. There are multiple criteria location design and other generic criterias as far as conditional use permits are concerned. The board of zoning adjustment found that two of those criteria were not met. namely the character of the area. The site plan that was before the board created an outlier setback from Goodman Road that did not align with the character of other commercial uses in the area. And the board of adjustment also found that the proposed uh convenience store with four palms will pose significant issues regarding traffic congestion and other hazards at that particular intersection. The burden of proof I should stress regarding the satisfaction of each and all of these criteria is on the applicant.

Regarding the specific locationational and design criteria, the conditions are met. Basically, all of them are met in terms of the size. The lot size has to be minimum 1 acre. This lot size is 1.2. It has to be at a signalized intersection. Hacks Cross Goodman Road is signalized. No more than two of those gas stations are permitted as such intersection. If this is approved though, currently there is no gas station at this intersection. If this were approved, there will be only one. So the the the location criteria basically is met condition. The last condition has to do with be being on a truck route that applies to things like truck stop. This will not be a truck stop. With regard to the design criteria, all the design criteria were met. Um the design the the site plan that was before the board of zoning adjustment was this rotated design in which the canopy does not face the public street Goodman road or perhaps cross road or Goodman road. It faces the interior. In other words, it is not located between the front facade of the building and the public street. The applicant has submitted to you a different site plan for consideration tonight. One of the two the original site plan which will be you will have the gas canopy located between the front the front facade of the building and hacks cross road. The design criteria that the board adopted in December of last year specified that the canopy shall not be located between the front facade of the building and a public street. The board of zoning adjustment however had the authority to wave that

requirement if the applicant can prove that by rotating the building or not placing the canopy between the facade of the building and the public street that would lead to significant circulation problems on side and it will place that canopy closer to the residential area. such be have a negative impact on residential property. The applicant has requested a waiver of that design requirement which will essentially be to allow the gas canopy to be located between the front facade of the building and the public street contrary to what the code prefers or what the city preferred in that particular um regulation. With regard to general conditions with the use of tax public utilities or community services those utilities are present it will have no impact with the use substantially diminish or impair property values. Properties in this vicinity are essentially commercial in nature. The board didn't find that this will have any negative impact on property values with the use comply with the recommendation of the comprehensive plan. The comprehensive plan identifies this property as commercial corridor. There are multiple gas stations in the city that are in commercial corridors. So this will have this would essentially comply with the recommendation of the comprehensive plan where the board began to find issues or as proposed before you. I should stress that the ele this element of the waiver of design the design waiver was not considered by the board of zoning adjustment. So this was not before the board of zoning adjustment. It's a new request that has been made to you. So the border zoning adjustment did not act on this particular issue. As I did mention the applicant has

requested a a waiver to allow the gas canopy to be located between the front facade of the building and the public street which will be hacks crossroad. The zoning ordinance city policies prefer this design in which the canopy is not located between the front facet of the building and a public street. The applicant submits four main reasons for requesting this waiver. It mentions that the BCA discussed a possible reduction of dry eyes from 30 ft to 25 ft. What the zoning code requires as drive eyes when you have 90° parking is 25 ft. If you meet 25 ft that is safe. All other gas stations I measured them. The ones that have we have under construction or others that have been approved constructed in the city is 25 ft. It's okay and those have not posed any safety problems in the city. Uh the initial site plan included a 415t distance between the edge of the canopy and the nearest residential the rotated design that would be reduced to 363 ft. Uh the original site plan is more consistent with the overall appearance of sea stores with pumps in the immediate area. And in the February 2025 in February 2025, the BCA approved an exemption allowing one other gas station at the intersection of Pork and Goodman Road to be so rotate to maintain this design. That was for the truck stop. Reviewing those four arguments that have been submitted by the applicant with regard to the third argument that the original site plan is more consistent with the overall appearance of sea stores with four palms in the immediate area. It is true that we have convenience store with four palms in that area and across the city where you have the canopy in the front of the

building. However, all of those ones are legal non-conforming. They are basically grandfathered. They predate those regulations. When we are reviewing new applications, the purpose is to move forward, not to go backward and maintain everything that we had in the past. If the goal of the city was to maintain what we had in the past, then there was no point adopting that regulation in the first place. So, uh, all the ones that are along that corridor that have been constructed, those are grandfathered. As a matter of fact, the convenience store with four palms in Oak Park Town Center directly across the street south east southeast from this particular intersection that is the the canopy is required not it's required to be at the back. It's not permitted between the front side of the building and Gurman Road. So and that came into effect just before those regulations were passed. So you already have one in the area that is required to be designed appropriately as the city desires. With regard to the February 2025 BCA decision uh allowing a convenience store canopies, gas canopies for the truck stop on Pork at the intersection of Pork and Goodman to be located in the front facade between the front facade of the building and Pork. That was for the truck stop. And in that case, the board of zoning adjustment took into consideration traffic circulation. The board did not want to put passenger trucks together with 18 wheelers. And so the site plan was such that the 18-wheers will be at the back and there will be no interaction between the 18-wheeler trucks and your normal passenger cars that will be in the front. So that was the traffic circulation element that was considered in that particular case for a truck stop.

With respect to the separation distance between um the gas canopy and the residential, if the canopy were rotated, you will have 363 ft separation to the nearest residential. If it were not rotated, it would be 415 ft. There was a purpose for which this particular regulation was put in place. And I think at that particular meeting in which these regulations were presented, Mr. Gambonia president, I remember his presentation. Uh with regard to this, the zoning ordinance requires that gas stations or canopies be a minimum 200 ft from residential. That is a protective distance. So in this case in both cases is really not in both cases you're far more than the 200 ft. And secondly the the the the residential element. One of the considerations that was made in adopting this regulation was to avoid a situation where if you rotated and place the canopy behind the building, that canopy will adjoin residential immediately. For example, the board will you may remember the convenience store that was once proposed on college and 305 which the board denied that was brought up during when these regulations were being adopted. If that had been rotated, the canopy would have been placed immediately adjoining single family residential. So these regulations were intended to avoid that kind of scenario. It is not what we have here. In effect, there are no negative impact issues regarding both on-site traffic circulation and proximity to residential area that would warrant a a waiver. With regard to the adverse character of the neighborhood, the applicant avowed that the uses in the area are mainly

commercial in nature and as such the character of the area will not be affected by the proposed condition by the proposed gas station. Secondly, the trees, these trees, basically all of these trees in the site plan will be left in place and they will serve to buffer or screen the back of the building from Goodman Road if that particular waiver was granted and the character of this area will be maintained. One of the lucky things that we have this year on staff is that we have a landscape architect. We went out there and we did a measurement from the fence, the public right of way to where the building will be. The yellow line you have here, that is basically where that building is going to be 26 ft from the right of way. To position the building there, you will have to grade over the roots of those trees. And once you do, those trees are going to die. still regarding whether the use will adversely affect the character of the neighborhood. When you look at all the other buildings that are within a one and a half mile distance from Pork right up to the end of the strip mall at the both sides of this particular intersection, this strip mall is 108 ft set back from the public ride ofway. Setbacks are not measured from curves. They are measured from the property line. So we measure setbacks from the right of way line, not from the curve, not from the end of the pavement. The state always or the city always has a right to go in at any time and widen the road in so far as you are within the public right of way. So when measuring set setbacks, we stick to where the property line is. That's where we measure setbacks from. That's where the character of the area is measured from. And so the strip mall is 108 ft.

The existing Harris is 85 ft. Walgreens across the street is 79 feet. Zach piece newly constructed with trees every 36 ft is 65 ft. This building that's where you have Domino's Pizza is 80 ft from the ride ofway line of Goodman Road. The proposal is to position this building 26 ft basically from the property line on Goodman Road. The board of zoning adjustment found that that would be an outlier. It will be too close to the road compared to all the other buildings that are within that particular area. Although the road is curving, those property lines or those lots are also curving with the road. With regard to whether the use will substantially increase traffic congestion or hazards, the traffic study generally uses these categorization A to F in terms of levels of service. There is language that is used by the FHA with regard to how you categorize them or you understand these in terms of driver's level of comfort. Those are labeled A to F. A being high comfort. Driver is very very comfortable driving on a road that has a level of service. A B is also high level of comfort. C there is some tension. Driver's level of comfort becomes poor. E is extremely poor. F is the lowest. The turns along this side were all were all analyzed and one of them specifically the left turn the westbound turn at this intersection from Holiday Crossing and Walgreens was found to drop to a D left turn at this particular

intersection. What is the difference? It's currently C and it will go to a D. What is the difference between a C and a D? In a C, the flow is generally stable. In D, it approaches instability. In C, the freedom of maneuver is restricted noticeably. In D, it is severely restricted. In D, In C, lane changes require more care and vigilance on the part of the driver. In D, the lane changes become more dangerous as congestion increases. In C, the cues form behind any significant blockages. In D, the least incident you have, you're going to have a blockage. You're going to have a queue. In C, the speed chosen by the driver is affected by that of other vehicles. In D, that increases substantially. In C, the driver comfort and convenience decreases perceptibly at this level. In D, the driver or pedestrian experiences a generally poor level of comfort and convenience. In C there is increase in traffic. Increase in traffic flow may cause operational problems. In D small increases, you don't even need them to be much. Small increases in traffic flow will generally cause operational problems at this level. With regard to congestion at the level of service D, there is congestion. It's just that it's moderate. C. At the level of service D, that increases. This is what you currently have out there at PR in terms of congestion. If you want to understand level of service de congestion at PR, this is what you currently have. This picture was taken on November 10 at 5:17 p.m. That is Walgreens across the street

at pick R. If you're facing, this picture was taken facing south. This will be the holiday crossing driveway that will go into the site. This is what you have on the road as far as traffic is concerned. If you look at this picture, this is October 15, 2025. It was taken at 5:16 p.m. facing south. And then if you turn and face north at that same time, 5:16 p.m., this is what you have. So you basically have cars start onto the traffic light to the north. You have cars extending right up to the traffic north to the north. Traffic light to the north at 519. So between 516 and 519 3 minutes after this is what you've got. This is a driveway I was talking about. This will be the principal driveway going into the side. So you this this is basically level of service C in terms of congestion. This is what you have and the city engineer is going to speak more to this. This is at the driveway intersection of Holiday Crossing and Hack Cross Road. This is the piece of property under consideration will be right here. This is the red sign they had put up for the reasoning. reason is no longer necessary. And the driveway will be at this intersection. You've got two lanes heading south. One, two. This will be your middle turn lane. And then these are the other two lanes heading north. If you look at the middle turn lane and number of cars that are there in that middle turn lane. Once this car cleared, I went out there and I measured how far you had from here from the end of this car to this intersection. It was 6 ft. which means you have no room, additional room if you have a situation like this for cars heading north that may be

wanting to make a left turn lane to pull into this middle turn middle turn lane and make a left turn. If you have cars heading south that intend to turn and go into Walgreens, you're going to have a significant traffic congestion right here. The city engineer was out there on Friday and he can speak better to to this this scenario in terms of what he saw. No. When I'm done in terms of whether comparing the city engineer, I ask the civil engine the traffic engineer working on this to look at what Hadis generates and what the new convenience store with four pumps is going to generate and compare the two. Will the number of cars be the same? Will there be any substantial increase in terms of the number of cars that each of them is going to pull in? Too often we get this term passerby trips. Pass by trips. What does it really mean? Convenience stores today are not just places where people go to to, you know, you're driving on the road and they just pull in to get gas. Sometimes people are actually leaving their homes to go there to get a drink and go back home. To get drinks and go back home. They go there to get ice cream and ice cream and go back home. You know, so they are they sometimes they generate new trips. Other times they serve mainly pass by trips. For example, on this particular location, you may have folks driving to Memphis, but then you just need gas and you make a left turn into the gas station, you get gas, you pull out and you go. Those are considered pass by trips. In this particular case, in the AMR, pass by trips in when you compare it with Hadis, you've got 19. with a convenience store with four pumps that will increase to 62 out of the site hardis is 18 with a convenience store with four pumps that will increase to 62 that is over 226%

increase in the PMPR in currently with Hadis you've got three with the convenience store with four pumps that will be 24 for the new trips out four new trips 24 with regard to the pass by tra uh trips Those are trips, let's say, just heading to Memphis or going down to Goodman Road. Um, and they just decide to to to make a turn into this particular store. Hadis, you've got three that will increase to 71. That's over 2,267% increase. Out five, that will increase to 71. That's over 1,320% increase. That is substantial. Still looking at the traffic element. The traffic study did not pull the accident data at this intersection. We're able to get that from the police department. In 2022, you had 115 accidents at this location. In 2023, 109, 2024, 999. This year, from January to November, you had 77 accidents. Left turn movements such as the one that turn from a C to D. When we're looking at traffic studies, the key thing is to look at where you're going to have a problem, not where you have all the A's and the B's. The focus is the changes, the movements that are getting worse that will deteriorate, so to speak. The Federal Highway Administration indicates that 22% of your accidents on roads of this nature results from left turns. And so when you have any kind of development that is going to attract more left turns, you have to pay attention to what that can do in terms of increasing uh traffic and accident hazards at that particular location. An argument that was brought up at the board of zoning adjustment had to do with if you had a Chick-fil-A at this intersection for example, that would

generate far more traffic. If you had a water burger, that would generate far more traffic. Yes, that is one end of the spectrum. Speculative as that may be, I think somebody did argue that if if if at this particular location, if you had a Chick-fil-A, Chick-fil-A will ask the question, why did Hadis fail before Chick-fil-A want to go in? It's a problem of accessibility. Really, they going into this side is tough and coming out is tough. While at one spectrum, end of the spectrum, you have uses that can generate more traffic, the site would also permit other uses that would generate far less traffic. compared to a convenience store with four pumps. For example, general office convenience store with four pumps will generate you uh am 126.72 trips. This is from that ITA manual Jason did talk about. If you had a general office that is 0.48 trips per employee, you would need to have at that side over 252 employees to match up with what your convenience store with palms would generate. If you had barber shops and beauty shops at the same building size that is being proposed 284 square foot building that will only generate 3.42 trips in the AMR and PMR that will be 5.45. If you add print shop there is one there is a shop similar to this in the strip mall behind this particular site that will be 22.68 68 trips. Same building size in the morning. In the evening will be 34.36. If you had arts and craft store 13.13 in the morning, 19.18 in the evening, same building size. So while you can have a situation where yes, one end of the spectrum permitted uses, some permitted uses can generate far more traffic, at the same time you can have other uses that can generate far less traffic. So it's it the city is not boxed in to only

having uses on this side that can generate more traffic so to speak. This is a Davidson Road, Goodman Road, uh Murphy's intersection. I took this picture on Saturday at about noon. This past Saturday at about noon, this gives you a bit of an idea of how busy the site can get. The difference between this side and the one being proposed is here they've got two additional uh falling stations. But this gives you an ide this is not pick out traffic on a Friday or any other time. Still in terms of whether the use will substantially increase uh traffic congestion. The traffic study did find that a right turn lane would be needed at this particular location. The recommendations however were not to put in the right turn lane because you've got utilities here which will be very costly to relocate that were were uh required. Uh there were other reasons such as at the calculation that was used to arrive at whether that right turn lane will be required was a 45 m per hour speed which is a posted speed limit. If that were dropped to 35, then the right turn lane may not be required. The recommendations before the board for consideration. If the board found that the criteria or the criteria have not been met, the board could deny the application on one or on more of these reasons. So if the board only found out one of these were applicable, you could deny on one of those reasons. If the board found out all of these were applicable, you could deny the application on all of them or on two. Any of these reasons that the board finds, so to speak, that the design criteria is not met because there are no

negative impact issues regarding both on-site traffic circulation and proximity to residential area that would warrant a waiver regarding the prohibition on placing the F canopy between the building and the public street. In terms of adverse impact on the character of the area regarding the proposed building setback being only 26 ft from the Goodman road ride ofway compared to other buildings within half mile of the area that are all at least 50 ft from the said ride ofway line. And lastly uh there will be substantial increase in traffic congestion and other hazards. If the board were inclined to approve the application, you could approve the conditional use permit for a 20 years um time frame. Usually conditional use permit are approved within a particular time frame subject to these conditions 1 through a 1 to 11 so to speak. That concludes staff's presentation. Thank you.

Thank you Dr. Song. board. Any questions on the staff report? Yes, mayor. I have a couple. Um, thank you a song for that report. It's very detailed. One question I do have, if this were to be approved under option A, I did not see a distance from the building to the setback line. Uh, is that provided or I'm trying to determine if that again would be an adverse effect on the character of the neighborhood. So if option A were approved, if this passes, what is the setback line from that southern edge of the building to the setback line?

It would the the building set back on Goodman Road is 50 ft. This would be over about 75 ft. Would you say it? It will be far more than far far more than 50 ft. It will be about 75 ft. So 75 ft give or take a little bit give or take. It will be about 75 ft. If this is 50, just kind of eyeballing, it may go up to about 75 ft.

And then my second question might be more perfect for Mr. Swims and can be addressed at any time. Traffic is a very major concern to me regardless of what goes on that property. Is there any way we can close Holiday Crossing Drive? Just close it and direct all traffic to the stoplight in and out of that shopping center.

There there's a um a strip center, you know, at the back. There's a lot of traffic um that's generated from that as well. whatever goes there certainly if it's something similar to Wendy's, if it's uh something more um you know that has more traffic is going to cause some issues. Um yes, it could be done. Uh it'd probably not be something that would be preferred by whoever puts um a uh a business at this location. If if you're away from peak hour traffic, um there's probably openings and clearings uh where you can get in there. It's it's the peak hour that that seems to be the most problematic and PM peak hour seems to be worse. There's a lot of people coming home uh from Memphis, but uh correct. It's something that could be considered

and it's very similar to Crumpler Boulevard and not Crumpler Boulevard, but Cam Creek Boulevard that we went through as we've made and you can't do this here, but if you're going to make a left turn in any direction going into or out of the subdivision, you've got to cross two lanes of traffic and there's no way to get into the suicide lane as we call it to merge into traffic. Yeah.

And that's my concern. And you still would have two openings, one at the light and one north of the light. Uh, one thing that kind of plays against it, I think, is when you look at the traffic study, uh, the the centered left turn lane. So, if you're southbound and trying to go eastbound, that's not the heaviest movement. That your heavier heavier movements are going, um, southbound and going west or going straight through. Um, but that does open it up, I think, for cars that are northbound trying to get in there and to turn in to get gas or whatever is going to be drawing them or, you know, maybe something that's back there in the um a strip center that's behind it as well because there's a number of businesses that draw people into that location. So, I think that's that was one thing that I saw that kind of concerned me was how that messes up traffic. I think when uh um your left turns going northbound are trying to turn in as well as people going southbound and trying to get into that left turn lane. I saw a number of conflicts and I've studied that intersection a number of times not just recently and uh uh it's one of our most major intersections that we have. Uh heavy traffic on Hatchcross and heavy traffic on 302. Um it's a it can handle a lot of traffic. You know, you've got a big wide road. Um, and I did see it clear from time to time, but the problem is it keeps getting uh the traffic is is substantial. There's no reason to think that it's going to get less. And you've got some industrial developments to the north could even add more truck traffic to it. So, I understand some of the concerns that's been brought up about it. And it's a um it is a right turn lane would help, I think, but uh it's a um it's a difficult situation with the left turns. I think that's my most concern for that for that area.

If you did use like Alderman Etheart said the the signalized area and backed it up, wouldn't it eventually if you didn't use these at all, it would eventually back it further, but because everybody would be trying to make a left instead of utilizing the first two they come to as much as possible, they would all be directed to the light, which would create further backing up at the left turn signal, right? Yes. Any closer to the intersection where folks are trying to get in the turn lane to turn left?

It it's a lot of people that are trying to get into that to turn left into uh the offsite to where the convenience store is being considered and a lot of people that are trying to turn left to go eastbound off of u off of Hacks on to 302. So, it's a lot of conflicting movements. Not only that, but you're also going to have cars that are southbound that are going to try to turn into Walgreens. That was a draw that I saw. Their numbers reflected that. Um I think when you go back and you look at the numbers and you see that the number of cars that they had there, as a song had pointed out, there was a substantial increase, but there was very little, you know, that they were showing on the uh as far as currently, but the left turns do tick up quite a bit. um when you put something that has a bigger draw there and I think that's what the concern is.

Mayor, if I could address one the question Alderman Hehheart asked about the closure of that southern uh curb cut or connection. You know, that obviously may be a topic that might be appropriate for a longer term planning and engineering discussion. It's not something that the city could undertake to consider tonight because there's third parties that either own that property or derive access uh from that uh curb cut there that aren't here tonight that don't have notice of of that proposal. So, we really would not be able to from a due process standpoint be able to address that tonight. A closure of that access point in its entirety would be problematic tonight from a due process standpoint.

Okay. Thank you, sir. Additional questions. Can Does the applicant have anything to add to this presentation? Miss M Miss Ward, come forward. Good evening everyone. My name is Lauren Ward. I'm an attorney at Daniel Coker in Oxford. My business address is 265 North Lamar Avenue, Oxford, Mississippi 38655. I'm going to let my assistant uh hand out some folders to you. These are just materials we wanted to make available to you to flip through as I discuss our application with you this evening. Some of them you've already seen. They've been a part of a song's report. They've been a part of the presentation that's been before you already tonight. However, I thought it would be helpful to have some of these these in front of you as kind of a guide, especially when we're talking about traffic later this evening. Um, I hope not to take up too much of your time. A song did a good job showing you what we can and can't agree on here. There's a lot of common ground. Um, I did want to just introduce my client to you a little bit. Murphy Oil is a American-owned, American operated company operated across the Mississippi River in Elorado, Arkansas. They're still majority owned by the Murphy family. And this store that we're proposing to you this evening would be corporateowned, corporate managed. This wouldn't be a franchise. This would be something the company would continue to run. Um, with me tonight, you've seen Sam Gasset. He's handed out packets to you. Sam is our engineering contact for this project. I also have two representatives from Murphy Oil, Stephen Oliver and Derek Brown with me in the

audience. Um, if you guys have any real technical questions, they're your guys, but I'm here for the rest of it. Um, as we discussed, this application has kind of met all the procedural requirements. So, I'm not here to kind of talk to you about signalized intersections, more than two gas stations at one place, but what I am here to talk to you about is a couple of the different factors where we didn't quite find common ground on this application. Um, as a song told you, uh, everyone agrees on the fact that this proposed use does not overt tax public utilities and the community facilities. Uh we've agreed that it's not going to increase danger of fire, flood, or otherwise endanger the public health, safety, or general welfare. So, it's a good one to have found common ground on. Uh we've also talked about that this use is not going to substantially impair property values or values in the neighborhood. I did want to tell you though, this is kind of a good economic factor. In your packet, you're going to have a letter from the current Hardies owner that store is shutting down this month. Um, so we wanted to talk to you about that economic impact. We're going from an existing restaurant to an empty use, an empty building. And in its place, we're proposing to put in an existing operating business with a fresh building with a fresh lot with a maintained use. And behind that letter from the Hardy's owner, you'll also see some revenue numbers. These are revenue numbers taken from the existing Murphy Oil store on Goodman Road here in Olive Branch. Just kind of give you an idea of what a store could generate like this in tax revenue for the city of Olive Branch. Those are things we wanted to make sure you knew um and had at your fingertips. It's just kind of a a check mark in the column on what's there now and what it could be instead. The next factor is that it does comply with the comprehensive plan. A Song presented that to you. I agree with him wholeheartedly. Olive Branch paid for

experts to make your comprehensive plan great and this use fits in with what those experts told you should be here on this lot. So that's where we've got common ground. The first factor we a song talked to you about um we might have some they have differences of opinions was that this lot it's our opinion does not adversely affect the character of the neighborhood if you consider granting the waiver on the site rotation requirement. So a song presented to you your design guidelines for sea stores with fuel require that the canopy not be on facing I guess the public streets. So in this case that it should not be facing 302 or hacks cross. The original site plan that we proposed to you does have the canopy facing Hacks Cross. Now if we go with that original site plan, if we grant the waiver against the rotation, all of the setback issues that were discussed with you go away. The building is now within the setback. It's not oddlooking or different from anything around it. But to that point, what I would tell you is that even if this building was in the rotated site plan, it's not oddlooking. The Zach Bees building as it currently stands is 117 feet from Goodman Road. The rotated site plan at its closest distance is 109.7 feet. I highly doubt a car driving by seeing a building at 100 feet is going to tell you the difference between seven feet and 20 feet. So, as it stands, even if it's the rotated plan in that setback, and of course, we'd have to get a variance for you. We're on the agenda for that tonight, but even if it was that rotated site plan, it's not out of character. However, I do agree that the waiver should be granted tonight to allow this building to operate without the rotation. So, to allow the bu this site plan to operate with the canopy facing

hacks crossroad. A song touched on this, but I want to make it clear. Every gas station from 302 up to State Line Road that is on Hackscross Road has a canopy facing Hackscross Road. This original site plan would be wholly consistent with that character of the area. That's how they face. This one would face that way too. And then I want to talk to you about what 302 looks like from Cochram all the way to Center Hill. And that might be reversed for you guys, but every store in that area on 302 has a canopy facing 302 with the exception of one. It's called the Wava Stop. It's on Alexander and its canopy doesn't face 302, but it faces Alexander, which is the exact kind of site plan we're proposing to you this evening. Let us face that secondary road away from 302, just like the Wava stop. And I know a song talked to you about the truck stop that was granted a waiver. You weren't necessarily saying grant us the waiver because you gave someone else the waiver, but that waiver was granted to allow a canopy to face a major road. Again, consistent with the area of this neighborhood. So, by allowing the original plan to move forward facing Hacks Crossroad, it actually looks a lot like what's going on there now as opposed to having the back of a building facing the major road. None of the existing gas stations, none of the ones currently under development and being constructed have the back of a building facing the road. So, it would be out of character. Um, beyond that, there are those two factors you have to consider in granting a waiver. Now, yes, the original site plan makes for wider drive aisles. It would make it easier to drive around that property. I get it that 25 is the minimum amount, but 30 would make it easier to operate around the store parking lot and make room for others in

that area for that business. And then the second factor, excuse me, is that the canopy would now be facing away from the residential area would actually be more than 50 feet further from the cos residential lot. I respect that there's the minimum 200 foot buffer already in place, but the ordinance doesn't say you have to ignore this second factor, this second um second factor that it's further removed from residential space just because the 200 foot buffer is there. Really, the factor is whether it places the canopy further in general. And this original site plan does. So with that, that's what we're talking about here. We believe that your rotated site plan is not we prefer to ask for that waiver and get that original site plan put in place. Keep it within the character. Keep it within the gas stations that are already on that road. I may have mentioned it, but you do have a handout in your um folder that has pictures of those gas stations on Hackscross Road and the ones on 302 so that you can see that. I'm sure you guys drive past it all the time. So, I'm sure you know what I'm talking about, but it's in there for you. Um, I heard a song mention the trees um having to be taken down. I want you to keep in mind that's with the rotated site plan. If you allow the waiver and keep that canopy facing Hacks Crossroad, those trees aren't an issue. They're not on a setback anymore because the building is in a different spot. So, just keep that in mind when you're considering that factor. Um, and now we get to the last factor. Um, traffic. I know that's a big consideration. Obviously, your staff has worked this up, but what I want you to keep in mind is that the factor is whether this use substantially increases traffic congestion. Respectfully, everything you've seen tonight, pictures that were put up, that is what traffic looks like now. It's not what traffic's

going to look like with this use in place. The only information before you tonight on that factor is the traffic study that Murphy put together. There's a nice glossy bound um a packet inside your packet for lack of a better term. That's the traffic study that Murphy put together on this potential use. And as you saw, there were access points considered. If you look at page eight in that traffic study, gives you a list of the tra of the access points and what their level of service is now. And you can compare that to page 14. Excuse me. I think it was probably page six and then page 14. Page 14 is the level of service after development. That's what these guys who know their job. They do all the facts and figures. They propose that that's what the future development is going to look like. And only one of those 16 access points went from a C to a D. That is the Walgreens drive. I also want to highlight to you that that was just in the PM peak. So we're talking about one access point, but really 32 data points at that point. And what we're asking you to consider tonight is that that one point does not substantially increase traffic. It's one spot. And I know a song gave you a presentation about what is C and what is D. And that was a lot of words. So for me, we asked the traffic guys, what does that really look like? What that looks like is currently people at that access point are delayed 21 sorry numbers in front of me. 21.6 seconds. That's how long it makes it takes them to make their turn. The threshold from C to D is 25. Proposed development takes it to a 28.6 delay. So only three and a half seconds over the threshold, but really in reality they're sitting there for less than 7 seconds more. That was important for me to understand. So it's 7 seconds

at one access point. The remainder of them stayed at a sufficient level. Most of them remain unchanged. So really the proof before you tonight does not support that this uses substantially increasing traffic. Mostly it's keeping it the same. I did want to address the numbers that a song put on top of you that the the chart it comes from our traffic study and it shows that pass by trips are going to increase with this use. Well pass by trips are trips that we're collecting off the road. So this use is going to collect more cars from existing traffic. I think we can all agree that the Hardies is not generating large numbers of traffic. So to see an increase there is understandable. We also got asked questions at the board of zoning adjustment and subsequent to it about what happens at that lighted intersection north of Hacks Cross and 302. Well, we did our homework. One of the last things in your packet is a supplemental memorandum and it provides you information about the level of service at that intersection and it doesn't change. The level of service at that lighted intersection north on Hackscross Road remains the same pre-development and postdevelopment. And so that was just information we did not have available to us last time. And we wanted to highlight so that we could answer those questions because I think we've already heard about the amount of traffic that uses that intersection kind of as a gateway to get around 302 and hacks cross. The information is there to support that there's no substantial increase at that intersection either. The final piece when we talk about traffic is this right turn lane. And so that's also addressed in the last page of that traffic study, the glossy cover, not the supplement. But what's addressed there is that it met just barely the minimum threshold when we were considering a 45 mph speed limit. I've talked to a lot of people

since getting involved with this application and not one of them told me that they run through those that intersection at 45 miles an hour. Reality is that we're traveling much slower than that number closer to the 35 mph speed limit. that was also considered by the traffic study and supported that there should not be a right turn lane there or like a right turn lane's not called for. So I understand there were arguments made about the physical nature and that but really when you look at what's actually happening there and people slowing down at that intersection the right turn lane does not become necessary. I would also point out that I actually drove down Hacks Cross last time I was in town. drove down I guess up. I went north to state line and there is no other location between 302 or state line that has a right turn lane. Adding would make take this out of the character of that area. And then a song presented some accident figures to you. I have accident figures that I pulled from Olive Branch Police Department last week included in your folder. And over the last three years, 2013, or sorry, 2023, 2024, and what has already occurred in 2025, the 302 and Hackscross intersection had no more than 69 accidents per year. When you get to that lighted intersection north of it, OBPT PD reported no accidents in the last three years at that intersection. And then when you look at the space between, no more than nine a year. There's not a lot of accidents happening here. And when you look at the figures, they're broken down with or without injury. The majority of them are without injury, which kind of also supports the position that people are moving slower in this area. We'd see more injuries with higher speed accidents. It's not happening here. So with that, we would tell you that the overall information provided you to you tonight supports the fact that this use

is not going to substantially increase traffic. We understand that it's high volume already. It's kind of why we want to be there, right? You want to have a popular intersection to locate your business at. And as it stands now, it may be busy, but there's no proof that we're making it busier or worse off or increasing traffic accident numbers. So with that in mind, we believe that Murphy has satisfied this factor and that the application should be approved tonight as well as the request for a waiver to go ahead and have that rotation excused so that the canopy can face tax crossroad. Um I'm sure there's more I could say should say, but um if anybody has any questions, we'd be happy to answer them. Um but with that, we're here.

Thank you, Miss Board. Any questions of the applicant? Hearing none at this point. Thank you, Miss Board. This is a public hearing as well. If you're here on behalf of this application, you're in favor of this application and wish to share that with the board, come forward. Mr. Mayor, before we get started on the public comment, let me let me ask a couple of questions from the public. How many of y'all are here tonight opposed to this project? Raise your hand. All right. Now, how many of y'all are opposed to it because it's a convenience store? How many of y'all think that we've have enough in Olive Branch and you don't need any more? Okay, that's what I thought. Need to be very clear tonight. That's not an argument that can be handled tonight. That is against the law in the state of Mississippi. So, we have a reason to either approve or deny this. The basis will not be that we have enough gas stations. We don't need no more. That I need y'all to be clear on that. If if you come up and talk tonight and you tell us that we don't need another gas station, you're welcome to say it, but we can't we can't listen to we can't use that in our decision tonight. If you come up and and have a reason that you think this should be denied, it has to be something other than that. So, Mr. Mayor,

thank you. Mr. Dixon, ask a question, please. Dr. Song, Mr. Wallace, when did we put the ordinance in place about the canopies? That was December 2024. Just about a year ago. Actually, December 17. Exactly one year ago. Was it this wasn't in a proposal or grandfathered in as some were, was it? No, sir. These this application came in this year. I think it was March this year. How many have we had asking for a waiver since? We've only had one for a truck stop on pork and pork and Goodman. That is the only one we've had. That's the only one.

That is the only one. Every other one that has come in whether in a PD setting or uh conventional there there's been no waiver. There's been you've only had one and that was a case of the truck stop. That's I was on the same page. I'm just wondering if we're going to have ordinances. Why are we here? Okay. But the ordinance itself includes the opportunity for an applicant to request a waiver. So that's just that's the most most things we do. We got a waiver available.

Generally in the zoning ordinance, you have a variance um procedure in your ordinance that's available generally. And this particular ordinance, not only is the variance uh route available to the applicant, but the uh fueling orientation, you know, the design criteria for fueling stations actually includes a waiver provision for a route, a possibility in the ordinance itself. It was contemplated that in some situations the board may consider a waiver to be appropriate is what the ordinance contemplates. Uh yes. Any additional questions board at this point?

If you're here in opposition, you'd like to speak against this application, come forward, please. And if you will remember to give your name and address so the clerk will capture that. Also, the blue cards about postcard size on that credenza. Please make sure you fill that out and give it to the clerk after you're completed. Hello.

Hi, my name is Taylor Conklin. I've lived in Olive Branch since 1999. I moved away to Memphis for college in 2012, but then I moved back in 2024. So, this is my first full year back in Olive Branch. Uh, I moved back because I enjoy the city and I enjoy our school systems. And first, I'd like to apologize for the ruckus that my daughter made earlier. Um, but um that's been uh taken care of. Um, and I I feel a little upset and frustrated by the special rule that we were just told about a few minutes ago that we can't um voice our oppositions that this is another convenience store in a road that I personally feel like has too many. So, that is what I will be uh speaking on. Um, I don't know all of the zoning laws and then and I don't have any sort of traffic statistics and and anything else. So, I'm just going off of more subjective vibes. I I suppose here um starting with aesthetics and with and with class. Um firstly um again as I said I feel like Hacks Crossroad simply has too many gas stations and too many convenience stores on it. It's that northern section is like two miles and there's like five of them and we just built Oasis on the other side. Um, I just feel like that's a little absurd and I wonder at what point will we have enough and there's already more gas stations coming down Goodman on that on that eastern side. Um, I just don't really understand it. Um, and as and I guess addressing some of the point that many of the uh proponents made about the nature of these stores, you know, this isn't like a small mom and pop all shucks kind of grocery store here. You know, these gas stations are kind of seedy and not very classy places. Uh this is this isn't really some place that you go up and and buy ice cream.

This is where you get your 40 or your tall boy or your wood tips or your cowboy killers and then or you scratch off and then you bounce. Um I would just rather not have another one of those stores near my home. Um, and just to to uh keep this brief, um, you know, it's being a tree hugger isn't the most popular uh position, but I would like to maybe try and uh tamper down the car fumes near my home. Um, as as y'all saw, I've got a little one and I'd like to kind of help her grow up with some sort of healthy lungs here. Um, that's about all I can say and it makes me feel better feel better. uh saying all of that and hopefully it gives you some sort of consideration when you make your rulings, I guess, on whether or not it violates codes or doesn't. So, I thank you for your time.

Thank you, Mr. Taylor. Anyone else? Let me let me be clear about what I said a while ago. If you want to say that, that's fine. It's just that it's against the law. We can't use that in our judgment. So, if if you want to say it, y'all are welcome to say it. We just can't listen to it as far as making our decision. Definitely against the law. General counsel, would you clarify that?

And Alderman Dickerson is is correct. Mississippi Court of Appeals and then that's been affirmed by the Supreme Court has said that the market uh is what controls how many uses there are. Uh that zoning should not be used to restrict competition. Uh Mississippi law is crystal clear on that point is that uh the market, the courts have said the market is what controls the number of uses that you have. The particular case that that went up on appeal on was a check cashaching case where a check cashing facility was turned down primarily and you could say solely on the reason that the city on which that application was before felt like they had enough of that particular type of use. And if that was the only basis on which it was turned down, the appellet courts of Mississippi said that that's insufficient, that it's the market that controls how many uses of a particular type should go in. That zoning should not be used to restrict competition.

Thank you. Anyone else to speak in opposition? You're opposed to this application. If so, come forward. Hi, my name is Bashir Dardik. I live on Morg Morgan Meadows Cove down the street from this location. So, my main concern is uh the traffic. You all know already that uh the area is really really heavy on traffic most of the day and uh with the warehouse opening up the street I believe on somewhere on Woods Boulevard. Just imagine how the situation is going to be with all these trucks plus the gas station or the um the store and um well my main issue will be uh the pharmacy. How is that going to affect my me and my parents both using that pharmacy across the street? That's the main thing. Thank you.

Thank you, sir. If you will do one of those blue cards and give that to the clerk after you complete it. Anyone else to speak in opposition? You're opposed to this application.

Hello.

Hello everyone. Um, first name Nandra, last name Tate. I live at 9305 State Line, which is not really far from here. Um, as everyone, excuse me, as everyone is stating about traffic. Um, I heard a statement about how it's not that much traffic in that area. Well, that will be because it's not a gas station there. And simply, a convenience store is meant to be convenient, but how are we going to conveniently get in and out in a timely manner? I mean, a gas station is it generates a lot of population throughout the entire day, not just the peak of an hour or 5:00 traffic. I mean, but if you want to stay 5:00 traffic, you got a lot of of um warehouses in the area basically that would be coming in and out. They're going on lunch break. They're going it's not it's all day. I mean, you got what is it called? William Sonoma right up the street that takes all of Poke Lane. all of those employers will be coming there and that'll be taking up a lot of traffic. I mean wholeheartedly like I can just see the amount of accidents that'll be happening basically. But it is your decision to make. Thank you for your time.

Thank you Miss Tate. If you will do complete a card as well. Anyone else to speak in opposition against this application? My name is Kim Carter. I am from 9372 Fox Creek Lane in Olive Branch. And

um my thing is is um a lot of traffic. We uh me and my family go to the pharmacy as well. We also go to Dollar Tree and I've had multiple occasions where I've seen wrecks and also um almost involving wrecks due to the turning and the traffic. Thank you, Miss Carr. Anyone else before public comments are closed?

Hi, my name is Glendy Harris and I'm at 9805. Sorry. What What's your name? Glenda Harris. And I'm at 9805 Morgan Melo. And I was concerned about the traffic at the um interstate over there. And once I go to the Walgreens over there, I have a hard time getting out trying to make a left turn on um H to go back south. So that was my main concern. Thank you.

Thank you, Miss Harish. Anyone else? Hello. Hello. My name is Tammy Lee. I've lived down here over 40 something years and I have seen too many wrecks. Even 1:00, they keep talking about the 5:00 traffic. We have the 1:00 traffic right there at Hacks Cross in Goodman. I've seen breaks so bad because people keep trying to speed to get to work. I've seen five o'clock traffic in the morning, six, because I've worked so many different shifts. So, I mean, it's just too much in that area already to keep bringing more and more. I'm not just saying that cuz it's a convenience store. It's just too much. You got the Walgreens over here and then you got all the stuff over here with the Wendy's. You got stores all going around. We don't need more and more right in that area because it's been I've seen a car upside down onto the thing. It's no good. So, I mean, I'm just trying to say please no more no more stuff in that area.

Okay. Thank you. Please complete one of those cards as well. Anyone else before comments are closed? Nicole Pounders, uh, 10435 Kristen Drive South. I've actually had a wreck there before, so I'm definitely think it's a horrible idea. Thank you, Miss Pounders. Miss Pounders, I'm sorry that you had that wreck and I'm glad you're okay. Can I ask you a couple of quick questions? Sure. Do you remember how fast you were going and what the details of that accident were?

I mean, I wasn't going f wasn't going fast at all. I just I mean, somebody rear ended me. I just think it's it's it's just bad right there. Period. Was it at the traffic light or was it at the Hardies intersection that's in question, sir? Was it at the traffic light or the Hardies intersection that's in question right now? Was it at the Hardies? Yes, sir. Okay. So, you had stopped at the traffic signal. Yes. Okay. Thank you. Anyone else?

Hi, my name is uh Sal Salem. I live at 7162 Fox Hollow Cove in Olive Branch. Um I just want to second what everyone is saying about the traffic. uh you know without a without a gas station being there, there's already a lot of traffic as is. So imagine once you know a gas station comes in, what's going to happen? Um it's funny. I guess I'm not the only one who deals with the traffic coming out of Walgreens. Um making that left turn going on to Hackscross, you're always backed up and it's always like almost play like like as if you're playing Frogger just trying to get in and no one lets you in. So you know, I don't want to like I guess pile on to Walgreens because we do need a service uh pharmacy in the area. But I think just getting that that uh that gas station there, it's going to aggravate things traffic wise. Thank you.

Thank you. Final call for public comments. Anyone else? Public comments is hereby closed. Does applicant wish to add any more information based on the comments received? Just quickly and Sam may have comments after I'm complete, but I I think you all understand that the majority of the opposition was what traffic looks like now. I told you earlier that the standard is will this use substantially increase traffic and the only proof in front of you about what future development will do is that this use will not substantially increase traffic. I understand that it it may be congested now, but that's the conditions as is. That's not what we're here to prove. We're here to tell you about what it could be and we've provided you with sufficient proof on that point. And I I agree and just for the record, I agree with Brian's position that he provided you on the constitutionality of the need argument. I think you guys are well counseledled here. So, I won't beat that one. Um otherwise, those are the comments. I have an addition. Um, I don't know if Sam's got anything to add. Okay,

thank you, Miss Ward.

Uh, I'm Sam Gassid. I'm with Pan-American Engineers, the engineer for the site. And I want to just add that I I respect everyone's opinion on traffic and I understand that it definitely has traffic there now, but everything that we've presented is by a a traffic study professional that does these across the southeast, works for MDOT, any he he does it unbiased. Uh and the data reflects we did 40 location access points only one went to a D only by 3 seconds. So I understand that it wants to be it's presented as it's substantially increased but one out of 40 is 2 and a half% of the access points. So that is not a substantial increase. And I'll also add that um you know it may be opinions but we we've presented facts of of the existing status out there and then what it's going to probably be you know by doing studies of these all across the country. But the all of these studies,

every study, every one of them, these traffic studies, whether they're done by the state, M dot, John Q Citizen, or Billy Bob Thornton, all of these are speculation. Exactly. But here's what's not speculation speculating.

We built 42 in this city, convenience stores with gas stations, and every one of them's always full. Now, something's generating the traffic. That's not a closed building. So to say it's not going to I've got another letter. It's called eyes and I see it. And that that's that. And business is good. I'm not I'm all about business, but y'all any one of y'all's going to stand up here and say it's not going to generate more traffic talking to that wall cuz I know better. It's going to create more traffic because there's ABC and then there's two eyes.

Because I've watched them. I grew up across the street from what was a restaurant and I saw them put one, two, three convenience stores on one corner. And you know what? And I'm not saying it's a bad thing. Every one of them is full every day all day long. Yeah. So, it does generate more traffic substantially more or they wouldn't be there. I can only go by what the what what the reports indicate and we use this

indicated. He picked one he picked one data point and then I'll just you know I would say he he talked about uh the e well he didn't talk about but the economics of the property being you know not a print shop or a flower shop can go on that property. It's either going to be a convenience store or a place like Chick-fil-A, which could go there right now and not have to meet any any of these approval. It already it doesn't have to request a waiver, nothing. It could go right there. So, I just want to make those facts known. You know, I wasn't saying it's bad thing to have good business. Yeah. Didn't say that.

And also, people don't have to go there. If there's other gas stations, they don't have to turn in right there. they can go to the ones that the young lady described across the street and um and that the other gentleman said was across the other uh in the south distance. So that's all I'd like to add. Don't tell the corporate office you're sending buyers elsewhere to other sea stores.

Don't tell the corporate office you're sending customers elsewhere. That probably wouldn't they would probably frown on that, but that's understood. Thank you, sir. Board, any questions of the applicant or the staff? I do thank y'all for adding that traffic study at the at the light because that was one of the questions I had before and I wondered if that would change the status of that intersection and it doesn't. Okay. Thank y'all for doing that. You have anything to add?

Mayor, I may just add just a couple of notes procedurally and I saw them feel free to jump in if if you feel like anything I say needs clarification from procedural standpoint. You have two items on your agenda tonight. Uh the first is the public hearing that we just conducted as to whether uh to grant a conditional use permit uh for a convenience store with fuel pumps at this site. Uh embedded in that is the applicant's request for a waiver of the design requirement that the site be rotated. Uh if a conditional use permit were granted and if the waiver were granted with that, there would be no need for the next item on the agenda, which would be the variance request. Uh so uh if if you grant a waiver as part of granting a conditional use permit, there would be no need for the variance public hearing, which would be the next item on the agenda. If the board were to grant a conditional use permit without the waiver, board still wanted the pumps oriented uh the way that they were shown to the north of the building site, then the second hearing that's on your agenda would be required. A variance would be required in that circumstance. Obviously, if the board were to deny the request for a conditional use permit, uh to a large extent, the variance request becomes moot because there's no building and there's no use that would need a variance if there is not a conditional use permit allowing that use. Uh, however, Miss Ward may want to go ahead and go forward, mayor, I'm assuming, uh, with the variance request in order to make her uh, record and preserve that record for potential appeal purposes. Okay.

So, procedurally, even if the board were to deny the conditional use permit, that next item on the agenda would u, mayor, my recommendation would be to allow the applicant uh to put on their approved uh, at that time. Thank you. for questions, comments for discussion or or motions.

Hey, I want to make a comment. Level

Murphy. I I like Murphy. I go to Murphy's and it's five miles from my house and I filled up there yesterday. The problem I have is what like Alman Earhart said is that intersection there. If it had a right in right out even it would be better. Uh I know how what kind of traffic Hardy generated and I know how much Murphy's generated you know which is a lot more because I go there. Uh I I know we can't address that uh about the right in right out or or anything like that. The right attorney. Yeah. Because that's a lot of tenants in that strip mall.

Well, the the right in right out. I I don't think I mean it affects everybody in there. They'd have to get Well, if you you mean if you restricted that intersection or that intersection right you wouldn't be closing it, but you'd have a right in right out. I think there's notice to third parties that would be required.

I mean to me that would I'm like everybody that spoke here. The traffic is horrific out there. I don't know if it will get worse. I would think Murphy is more busier than parties. I Yeah, I say that, but uh I just I don't know right now if I can vote for it without that intersection being being addressed somehow another. That entrance, I mean, not the intersection, but the entrance there. Um anyway, I have to comment. I'll let someone else if they want to make a comment.

Thank you. Uh, I'm afraid if we address that intersection, you got another one right down the street by going into Wendy's and Kentucky Fried Chicken. If they can't get in that one, they're going to go to the next one instead of driving down the light. They're going to go to that first driveway that they can turn left and try to get in. So, fixing one is not going to help the second one. Everybody's not going to be smart enough to go down to the light.

Well, they would have to go back to the light if it was going to take a left out there. the rest of I may have to go through one of the parking lots, one of the fast foods, but but I don't think they would do that. If if if the adamant permit me to point out something that if you look at the map in front of you, that driveway going in is actually part of this property, not part of your subject property. So, as Brian didn't mention, anything dealing with that driveway really is not part of that's part of the holiday crossing. It is. It is, sir. Yes.

Yeah. I'm not I'm not trying to restrict it. It just been right in right out. You got the red light up there that feeds the whole thing. Yeah. But I'm not going to argue with this.

Any additional comments from the board, questions or motions? Mayor, I'll make a comment and a motion. Uh, since I'm the one that stirred up the was nest on the traffic, I do agree that with Mr. D procedurally, that's not an issue tonight as much as it is as far as how to handle it and we can handle that with the city in terms of speed limit reductions, maybe addressing the property owners on how to do that. But after hearing all the evidence that I've heard tonight, sometimes getting something that's unknown, that's a quality company versus the unknown which may come in the future. I I personally don't see if the rest of the board supports this, that option A is a problem. So, I would make a motion that they do get a granted waiver on the signage. And I'm not convinced that item number two, which is a right turn lane, is going to improve anything. So I would also include in my motion that that be eliminated, providing the right turn lane. So basically on on the notes that we have here, I would I would make a motion that we accept option two and eliminate item two and option two, which is the right turn lane. Mayor, if I could and Alderman Airheart is are you making a motion to approve a conditional use permit

and grant the waiver? And grant the waiver and you're looking at page 13 of your staff report, I'm assuming. Correct. What's the other condition that you were eliminate item two, which is the right turn lane. I just I'm not convinced that that's going to improve traffic or alter anything. That's not part of anyone. right in right out here. Well, no, that's not the right in right. It's it's creating an additional right turn lane off of Hacks Crossroad into the property. So, the del lane, so to speak, Mr. Swims, is that that would Andy, that'd be the uh Mr. Swims,

that'd be the del lane. Is that correct? The del lane is that on page 13 under option two number two provide a right turn lane at the intersection of Hackscross Road and Holiday Crossing. That would be the del lane. Are you in agreement from an engineering standpoint that that's not needed?

Well, okay. When you look at some of the arguments that they said the 35 miles hour reduce the need for it, that's because it reduces the volume. Um that I think the problem to me that I'm seeing that would benefit from having the right turn lane is there's not a lot of gaps that allow left turns into that convenience store out of it. Um the volume that would be reduced I guess at that signal with lane cars. That's a high movement. Cars are going right. That's either the highest or second, but there wasn't a whole lot of difference between straight through and right turn lane. So, a right turn lane would would help overall to get more gaps. You're going to pass traffic. There's going to be less stacks because there's going to be more people that are going to keep moving on. So, that's the benefit I saw from the right turn. I do understand what they're saying from the perspective of when you people are really driving 35 miles an hour, they're saying you don't get the actual volume because they're not getting there as quick to warrant it. But I still think it has a benefit to have the right.

Okay. Well, you're our city engineering professional and I respect that. So, I will redact that from my motion. I make a motion to approve option two then as it is written. Right. Op option two would be a motion to approve a conditional use permit subject to conditions 1 through 11 which includes it's part of condition one the waiver of the rotation requirement. Is that your motion? That is correct. Option two 1 through 11. The waiver meaning that the pumps would not be in the in the rear. They'd be facing uh street side is motion is on the table board. Is there a second? Second.

Second. Mr. Gamage. Any more discussion? Yeah, I I'll add this. The applicant was correct that they mentioned that if something else went in like the Chick-fil-A that we wouldn't have any discussion on this at all. And I know Chick-fil-A is is everybody uses Chick-fil-A, but there are awful lot of other places that I think would generate a lot of traffic that would be destinations. And I'll give you some examples. A water burger. All we hear in Olive Branch is nobody's got a water burger. in Oliver Branch. Why can't we get one? If they put one there, it'd be just like they did in South Haven. It'd be lined up trying to get in it. It would be a destination point. Raising Canes just opened up in South Haven. People were lined up the day before trying to get in, be first in line because it was a place. Now, if you could have some other Fazolei or something, you're not going to have a lot of generated traffic. But there's some fast food places that could go right back in that place that generate just as much if not more traffic than the convenience store. So we have to understand that that's a possibility even if if we didn't approve the the Murphy's is that something else could go in and traffic's going to be just as bad if if not worse than what it already is. So that's that's what's before us tonight.

Thank you board. Any additional comments before roll call vote? Mayor, if I could let's let let's rest. Let's go forward. Is it How key is it?

It's about the right turn lane if we put it in or it's a condition on this motion, which I appreciate the motion. I don't want to look a gift horse in the mouth by any means, but that right turn lane where you would locate it is not located on my applicant's property. There's a lot of procedural things, a lot of utilities that have to be moved. So, there's a lot of people involved that may not be here tonight for that position. The city wants to start looking at traffic things like that in the future. We appreciate that and I appreciate the motion, but that's going to be pretty hard on this applicant to make that an actual reality. Thank you. Especially when the data shows it's not necessary at that speed.

Thank you. I almost said sustained, but thank you. Okay, we got a motion and a second for for approval with the uh pumps having the waiver. All right, clarify one more time. Got a motion and a second for approval of this application with the pumps not in the rear of the side with them alongside in the front by Hacks Crossroad further away from the actual subdivision. In reality, a after that comment, I don't think we should require somebody to put a right turn lane in on property they don't own. To me, that's problematic.

And it may not be so much that they don't own the property, but they have given the buildout of that area an inability to control the process of getting it built. We require off-site improvements of developers frequently, but usually in circumstances that are more controllable than perhaps this is, right? You know, this this is a a different animal completely. So, I I don't think we should require that. So, if if the motion has to include that, if it got appro denied, could we make a motion then to do the exact same thing but leave that uh scenario out? You could, Mr. Ehart, do you want to amend your motion?

I agree with Mr. Dy in this case, though. We require our developers many times to improve XLD cell lanes. And I have to respect the opinion of our city engineer. He's the expert on this. I'm not. Um, I'd like for my motion to stand and the board can vote or reject it accordingly. Okay. Thank you. Motion and second is for all 11 items and a waiver aka the gas pumps in the front, not in the rear. Anything else, Mr. D? No, sir. Roll call, please. Miss Stewart. Mr. Gamage. Aldridge? Collins?

Yes. Dickerson? Yes. Your hort? Yes. Gamage? Yes. Hamilton. No Wallace. No. Counts four to three. This does carry. It's approved. This was was approved. Next item, please. Mayor, if I may, and I don't want to interrupt you or us on on this, but we may want to ask the applicant if you have the uh conditional use permit was just approved with the waiver. Are you wanting to go forward with the next item on the agenda or do you want to forego that? No, we can forgo the variance application with what's been.

Thank you. And just for the record, we'll list that as the applicant withdraws that application. Is that a song? Were you all right with that? Yes, sir. Okay. No, no action needed on item two. Item three, it's a public hearing for consider,

right? Four is withdrawn. Okay, very good. So, we're on four. Thank you.

Three, no action required. Consideration of application for a final plat for Aninsley Point subdivision submitted by Andy Richardson R&H Engineering and Surveying LLC on behalf of Sunset Creek Farms LLC Kevin Binham property owner. The request is to create a single residential lot of 0.92 plus or minus acre which is zon R1 single family residential district. The subject 0.92 plus or minus acre property is at the northeast corner of Hamilton Circle North and Hamilton Circle West known as 6602 Hamilton Circle North. And the applicant has requested withdrawal of this. So scratch all that reading I did. So it is withdrawn. No action needed. Let's go to planning commission new business. A B and C are consent items board. You see what those are more administrative in nature. If we need to talk about them, let us know. If not, uh, administratively, do you approve the consent items under one A, B, and C?

Motion to approve, Mr. Dickerson. Motion to approve. Second. Second, Miss Aldridge. All in favor?

All oppose? Motion carries. Item two, consideration of application for a preliminary plat for Fox Paul Creek subdivision submitted by Chance Walker Smith Walker LLC on behalf of property owner Cynthia Fox trustee. The request is to subdivide 108 plus or minus acres into 262 lots and six common open spaces. The subject property has an economy and application request to reszone from AR agriculture residential to R2 which we've already heard single family residential district and is located on the south side of Davidson Road approximately a quarter mile south of Goodman Road. Staff report please. Mayor Adam before you is your request to consider the preliminary plat for the Fox Pork Creek subdivision which resoning to AR2 you approved in the previous item. This will be on the 108 acre side west of Davidson Road right there at the intersection of Davidson Road and Timber Oaks Drive. A question had been asked in terms of you know what would be the house sizes that are proposed in this subdivision. uh per the applicant submission for this 262 lots you will have a maximum 50 lots that will the house sizes will be between 1,800 to 1999 heated square ft area uh maximum 92 lots 2 to 2299 heated square ft maximum 92 lots 2300 to 2599 heated square ft area that's 35% and maximum 26 lots 2,600 square ft. That is 10% of the total number of lots. This will be the layout of the subdivision that was initially presented to you. It will be constructed in two phases. Phase one 121 lots, phase 2, 141 lots.

In terms of utilities, they are available there. There's a 6 in water line along Davidson Road. There is an 8 in sewer line along Davidson Road. It will be the responsibility of the developer to extend those utilities to service this particular site. One thing that we did not find in this area was gas line. The applicant will have to uh provide that in terms of the extension. Looking at public infrastructure improvements with regard to transportation. If you look at Davidson Road, it's currently widened to 30 ft. Uh right up to this point, this area is commercial nature zone, commercial C2 zone in district. The applicant would widen the street right down to the church um kind of tap it down to 24 ft with a curb gutter and sidewalk at that intersection will cross the street and then continue downward at 24 ft wide basically as shown here. So you have curb gutter sidewalks right down to the driveway into the church that you will have a crosswalk and then from there you have a trail that will extend to the south end of the property and you will also they will also widen that road. Currently it's about 18 to 18 to 20 ft wide pavement two lane that is going to be widened to 24 ft minimum at all its location along Davidson Road. The planning commission reviewed this at its meeting on December 9 and unanimously recommended approval subject to a number of conditions one to nine. Condition number three being that the heated square footage of all proposed homes and overall ratio percentages of lots shall be placed upon the preliminary plat. This was included in the letter but not on the plat. The trail system part of it is shown to be within the public right of a little portion of it will be on private property. We need an ement for that. And this condition also indicates that the HOA will have to be maintaining that until it is taken over by the city when you have a complete city tray system out

there. So until then it will basically be for the use of that HOA. At least one street tree 2 and 1/2 to 3 and 1/2 in caliber at time of planting shall be planted in front of each lot before the house on the lot may pass final inspection. Two such trees shall be planted on corner lots, one on each street frontage. Condition number 12. Um, this addresses the current stage at which you have the development. MDEQ has not yet made a determination with regard to the western stream buffer whether it will require a 60 ft wide stream buffer. So the applicant has requested that should MDEQ make the determination that that amount of buffer is not required then let the applicant be permitted to add eight more lots that will increase the number of lots from 262 to 270. That addition will basically be in this area. So this is the stream buffer we're talking about. Then they will be able to add eight lots in this particular area. That will bring the number of lots from 268 to 270. That concludes that presentation. Thank you.

Thank you, Dr. Song. Any questions, board on the staff report? Does applicant have anything else to add? Yes sir. very very briefly we agree with all the staff uh conditions from planning commission. The only one I just want to be very clear on is that we would be agreeing to a 2,000 minimum um heated square feet. That you know breakdown was something that we were asked to speculate you know how those homes would go and that's just basically was a marketing exercise. So, the minimum would be 2,000 uh living square feet is what we would obligate to in the in the covenant restrictions. We did ask for 50 of them. That would be 1,800 to 2,000. If you wanted us to forego that, we could forego that. That was or we could just do 50 of them. That would be 1,900 to 2,000. You know, minimum 1,900 up to 50, which we would have to specify on the plat. And that was just intended as a way to hopefully deliver some, you know, houses that would be a little bit more affordable for folks. But like I said, that's not heated. That'd be heated space.

And all all the houses will have twocar garages and there'll be all sorts of deed things in the deed restrictions that you'll see architecturally when it when it comes back through with brick content and all that stuff. board have thoughts or comments on that as far as the number of I don't have a 100 foot. Well, you're only talking $1,500 in a cost anyway, though. I mean, I' I'd like to see it stay at 2,000 and up. But all due respect everybody's opinion, you're not talking about a lot of lot of cost at 150 a foot. 175 is 1750.

Yeah. Like like I said, that's not a deal killer for for us. We can go to 2,00 made board. You can include that in the motion when it's actually made if you make the motion.

I do have one comment, mayor. And I'm not sure I like number 12. You know, we got 262 houses anyway, which increases the density per acre. And if DEEQ comes back and doesn't require you 60 foot wide buffer, now you're going to 270 which increases the density per acre again and we're already limited on amenities for the public anyway. I think to me that 60 foot wide protection should be there anyway. It could be made into walking trail, more green space, more amenities for the community. That's my opinion on number 12.

Thank you. That that stream would be there. It's just a question of not having to do the protective. We don't know how it would turn out with MDEQ. It's just something that would help to offset the off-site. You remember we're doing a lot of off-site work here. So, it would again that would be something that would probably I guess help us with keeping the housing costs at a more attainable level because again that's that eight lots makes a big difference when you're when you're uh proceeding forward with this. It really does in terms of your bottom line. It's not going to affect anything negatively. Tell me again on the square footage of the houses. 2,000 minimum living square feet. Okay.

So, you're going to do away with the other 1,800 if if that's the will of the board. Yes, sir. Uh I I also asked you again about the covenants by no rentals. Yes, sir. Can you put

Well, we're working on it. Um, you know, like I was telling you earlier, you know, Adam's Homes, it is their policy. They do not sell to LLC's for rentals. Now, there are occasions, there have been situations where an individual buys the house and then in turn sells it to, you know, a a rental company. Um but the there is a deed restriction in there in the existing in the existing um template that's used that basically states that if there is any type of rental it would have to be a 12-month lease and that would be intended to prevent any type of short-term leases and that within that deed restrictions the tenant or the landlord would be required to give the tenant a copy of those deed restrictions as part of the lease. And as part of that lease, that tenant has to agree that they will abide by them. And then if they don't, there are provisions in there where basically, you know, the homeowners association can terminate the lease. And, you know, um, basically, so now I did and I've been back and forth with um the the attorneys from, you know, both Garden Street communities as well, and they're talking to the attorneys at Adam's Home. So we are going to try to work out something that would be a little bit more restrictive than that. But um we would present that to you at the time of final plat. I think we can, like I said, we have certain provisions

going to be the ones that's going to be enforcing the covenants until you talk and we we talked about That's right. And we talked about even maybe putting something in there that would like it to be in there once you turn it over to the homeowners, you know, whether they don't want to enforce it. The reason they don't want it in there or what? Well, we we don't, like I said, we're looking into uh the attorneys are talking. There's a group of attorneys with Garden Street and a group of attorneys with Adams Homes. And so they're trying to collaborate on on increasing what the current policy and what the current template shows. And you'll have that at the time of final plat. You know, you you work for the city. You know, we can't enforce it.

Got about the only way it can go through the homeowner association. Yes, sir. I understand that. I'd like to be included in there. Well, the the intent is that this would not become a rental community. As I said, that's not Adam's Homes does not operate in that model. So, Mr. Gambone, on the homes that y'all had for examples on there, is the reason you asked for the 19 is because in their catalog of that of homes they offer, they offer one is called 1910. Is that was the reason you asked for?

Yes, there there's one that's called the 1910 model. And it's it's you know when you're doing these types of internal designs, you want to have a house that's kind of wide enough that it looks in place in the in the neighborhood. And so we picked out that model as one that could possibly be one that would be popular in there. And so we wanted to include it. Like I said, it was just a way to try to the company already. Oh, yes, sir. Okay. Yes, sir. That that's the only reason. Like I said, that's not a, you know, that's not something not. No, sir.

Yeah. It's going to be pretty hard to deliver any house. It's going to be difficult here to deliver house. This is an unafford. This is very expensive property to develop. There's a lot of topography and it's it's um you know, something that's going to be challenging to to work and we'll work as hard as we can to to do the best we can with it. That's part of the business decision. Mayor, may I ask please? Okay. On the styles of the houses, did you say earlier that they that there were you've got limited numbers? Like is it going to be one story, two wonder?

Yeah, those were just samples that I provided just to show you what I what what Adams thought would be models that would be popular there. But there's a whole range of houses. There's, you know, as you recall on the Acry Farms project, there's a requirement in there for for twotory houses in certain locations. So those plans would be offered also, you know, in this subdivision. And then there's plans, if you go down to uh the Old River Farm development, you'll see that all of those had a requirement for side entry garages. And so you'll see some of those same homes will be replicated in this development as well. So there's probably I'm guessing there's probably going to be, you know, like I said, 10 models or so that would be available here. And with each of those models, they have all sorts of different elevations and different bricks, different colors, everything. So, it'll look I mean, Adam's Homes is very is, you know, they're again, this is a this is a welloutfitted operation that's built thousands of homes and done thousands of subdivisions, you know, throughout the whole southeastern United States. So, they know how to do an attractive street that will look good.

Old River Farms, it looks like they got the same house built 10 times right now. Are you asking about number? Is that what you're asking? No. I'm wanting to know, are there five houses that are just going to be one to three, four, five? One, all of them the same? Oh, no. No. They'll all be mixed. I mean, houses, you know, the houses will be, like I said, the bigger models that are wider, you have to put those on the on the end of the culde-sac. And I mean, we have a lot of, you know, we have lots in there that are 70 feet wide. And so, we have and there's 15 foot setbacks that are required. So, we're going to have to probably widen some of those lots out to 72 feet to make sure that a whole product line will fit on there. Side entry and front entry for both.

They'll be both. And there'll be one story, there'll be two story. There'll be a wide variety and and Okay. U on the pitch of the roofs. Do we have any kind of Well, we can look into that by the time we come back. I haven't really gotten into that with that. homes, you know. All right. You broke down like 50 out of 1,800 to 1999. You put 2,000 were heated to 22.99 92 lot. So, what do you mean? You're going to go 142 lots now from 2000. Should we put numbers on that? I mean, they got numbers in here.

No, sir. That I mean, that's just what we anticipate. what I worked with Adams, but what we anticipate there'd be a minimum there of 2,000 living square feet. That's what we're stating. So, Collins, to answer your question, the board has authority to uh specify this to whatever degree it wants to tonight. So, I mean, so we need to change that to 142 lots, right? 2,002. Yeah, that said 2,000 ft and then you can build what you want to, but Yes, sir. We were saying that we could eliminate eliminate the other 1800 to 19. It it would be just like an acory farms somewhere

just like in Acory Farms they obligated Adams um Garden Street obligated to a 2,000 square foot okay minimum and this that would be the same thing here it would be 2,000 foot minimum be 142 lot 222.99 and minimum okay and was your request Alderman Collins on the rentals that no new rentals in the HOA coets on the initial sale of the house or just period. But I'm just trying to period because they're saying they won't sell one,

but I don't know if somebody buys one, sell six months from now, you know, or or somebody buy it. They would have to they were supposed to be the ones to enforce it, you know, until until 51. Well, aren't those aren't those covenants and restrictions finalized at the final plat? Not okay. I mean, I'm just trying to Yeah. Yes, sir. We're we're working on it. I I think you know that it's a legitimate issue. Adams Holmes is not int I just want to be very very clear on the record. Adams Holmes is not intending to build a rental community. That's not what Adams Holmes does.

You know, that's not to say, you know, there are complex legal issues when you talk about how you would restrict and do a rental restriction. I mean, you have that that Windstone model, you know, as an example, which, you know, that's one that they decided to do long after the developer was gone, and they amended their covenants to do that. And that's always an option for any any uh homeowners association to do that. When you get to the final pledge, you know, the appetite of the board, what they're looking for. Yep. Yes, sir. Thank you.

Board need any additional information? 2004,000. Well, they're volunteering it. So, I'm not asking. I don't know. At $175 a square foot, you're talking 17,500 difference between 1900 and 2,000 foot home. $33,000. payment on that.

I got 17,500.

It's $50 a month payment, which may I'll make a motion if somebody want to make a motion. I'll make a motion we approve it. Uhhuh. eliminating the 1,800 to 1999 heated square feet and I I'll add the lots on to the 2,000 which makes it 142 and then the others would stay the same 92 lots and 26 lots. I make a motion to approve it as is except for that ch motion on the floor as is except for the other 50 lots that the 18 to 1999 has to go up to 2,000 and above. Alderman Collins, would you agree to strike number 12? in your motion.

Adding eight more lots if the DEEQ comes back and does not require them to mitigate that stream protection. Strike it. Mhm. I I agree with that. And that holds them to 262 on the lots. Okay. That hold 262 strike number 12. Motion's on the floor. Is there a second? Second. Second. Mr. dear Hardy. Any more discussion? All in favor? All opposed? No.

Next item, please. That carries. 6 to1. Consideration of application to amend the preliminary plat approval condition number six of Rosewood subdivision submitted by Chance Walker, Smith Walker Engineering on behalf of property owner John Reeves. The request is to reduce the minimum heated area of houses in the AR district zoned area in the north of the subdivision from 3,000 square ft to 2,800 square ft and to decrease the minimum heated area of houses in all other areas of the subdivision from 3,000 ft² to 2,800 square ft to 2400 square ft. The 20 the 82.37 plus or minus acre subject property is zone AR and R1 single family residential district and is located on the east side of Craft Road and north of College Road known as 7200 College Road. Staff report please. concerns the Rosewood subdivision uh which preliminary plat you approved on January 21st 2025 particularly specifically this year. So this is the preliminary plat layout that was approved. Condition number six of that approval specify that the minimum heated area of houses in this AR zoned area that's agricultural residential area where lots are minimum 1 acre on size this the heated area of houses here was required to be minimum 3,000 square ft the minimum heated area of houses in the other a district closest to College Road to the south of the subdivision was also

required to be minimum 3,000 square ft. You did reszone the area in the middle of the subdivision from AR agricultural residential to R1 single family residential and that condition number six required that the minimum heated area of houses in that R1 area should be 2,800 square ft. What the applicant is requesting is to reduce the minimum heated area of houses in this AR area closest to Montros from 3,000 square ft to 2,800 square ft. So that would be two 200 ft² reduction. the R1 area in the middle of the subdivision. The applicant is requesting that the minimum heated area of houses be reduced from 2,800 ft² to 2,400 square ft. So that will be a 400 ft² reduction. and the ARO area to the south closest to Church Road to College Road. The applicant is requesting that the minimum heated area of houses there be also reduced from 3,000 square ft to 2,400 square ft. That will be a 600 ft² reduction. The reason for this from the applicant's perspective is essentially market conditions. He's not been able to move forward as he argues as he submits with this particular development because houses that big he a vows are not really selling in Olive Branch from January 2025 to October 2025 houses sold in Duro County only 20% were houses with minimum

2,800 ft to 3,000 square ft heated area in Olive Branch. Houses in Olive Branch that were sized 2,800 square feet to 3,000 square feet sold for an average of 5,000 511,458 within the same time period. His argument is that that is not affordable, that is not attainable, so to speak. Within from January this year to October, houses sold in Duro County, only 16.9% were houses within a range of 2,400 ft² to 2,600 ft² heated area in Olive Branch. Houses in Olive Branch that were sized 2,400 ft² to 2,600 square ft sold for an average of four $427,847. The applicant submits that this is too expensive attainable within the city. As such, he is requesting to reduce those house sizes. We did look at this in terms of how would this match surrounding what you the houses that you have in the surrounding. 500 square ft 500 ft from a subject property. We usually consider that to be the affected area. Even when we have resonings, we send letters to owners of property within 500 ft. Consider that for zoning purposes to be the affected most affected area. So we look at houses within 500 ft of that area to the north where he's requesting to reduce houses the minimum heated area from 3,000 square ft to 2,800. So if you look at the houses in Montros also there is one there are two houses in Oak Park that fall within the

affected area and then one house in Pen Penfl subdivision section B the base area of all those houses comes up averageely to be 2256 I just got clarification from the tax this data is from the tax assessor's office that this only refers to the square footage of the first floor heated area first floor. They do not have data for second floor. So we do not have data for second floor. Basically the adjusted area refers to the entire house size both heated and unheated area. The covenants and restrictions in Montro's subdivision provides that only 15 lots that are permitted to have heated area minimum 2,400 ft². All the other lots in Montros their CCRO are required to have lots houses that are minimum 2,800 ft² in heated area. So the 2,800 square ft heated area in the size that he is proposing in here will really match what Montros Montros has in their covenants and restrictions so to speak with regard to the A1 zone area and the AR to the south where he is proposing to reduce that from 2,800 to 2,400 and from 3,00 to 2,400 in the affected area really covers Oak Park subdivision there. The base area for houses is 2,201 heated area square ft. That's first floor. The covenant and restrictions in Oak Park provides for houses with

minimum 2,000 square ft heated area. What he is proposing is minimum 2,400 ft² heated area. So in terms of CCRs, he will be 400 square ft more than what OakA specifies in their or stipulates in their covenants and restrictions. The planning commission reviewed this at its meeting last week, December 9, and unanimously recommended approval upon finding that the proposed amendment would not adversely affect the character of the area because the suggested reduction of the minimum heated area of houses will be comparable to others in the surroundings and a public need exists for this reduction in house sizes, minimum heated area to provide for attainable houses in the city. As such, it is proposed that or recommended that condition number six be amended by striking out this language, particularly that a 2,800 heater square minimum house size on lots in the in the A1 zone and 3,000 heater square minimum house size on lots in the AR zone that be taken out. and in his state 2,800 heated square feet minimum house size on lots in the Aro zone north of the Arawan district that is closest to Montros and 2,400 heated um heated square feet minimum house size on all other lots in the subdivision. The 70% brick content on all sides is maintained. That concludes staff's presentation. Thank you.

Thank you, sir. Board, any questions on the staff report? Yes, sir. Mr. Wallace, I've talked. How many public hearings did we hold on this particular property? About six, I think. How about

six public hearings? And now we're going to have one away from and just do a reduction after it's open to the public. Then we just had one just a minute ago on a property where everybody in the public knew that it was offered at 18 and then we raised it. Now we're going to lower one after we've held six or better public hearings and going to lower. I'm not real comfortable with that. Every time we have one and then we come back. I I just can't go along with this anymore like that. I mean in good faith I can but it seems to be a regular occurrence and I'm not talking about because of the market. It seems to be a regular occurrence. Get get the most we can and then six months or a year later we come back and we want to reduce 200 400. It's I don't like the way that's being done. And when you go into a business you're supposed to be able to anticipate markets. That's what you do when you sell, when you buy. That's what people make a living in the stock market, don't they? So, it's a risk you take when you go out and buy 200 acres at an accelerated price and then depend on a board to sell it to sell it to a board that we got to have this to do it. Well, the market falls and then you need that same board to say, "No, we got to lower it now so we can keep doing this. You'll pay 5 million for 20 acres, got to sell 75 houses." Sometimes the property just wasn't worth it or you're overinvested in it. I can't go along with this this time.

Thank you. Additional comments or questions? Boore. Does applicant have anything else to add to the presentation? Good evening, Chance Walker with Smith Walker Engineering and Surveying. Um, we we agree with the recommended motion uh from staff. Um all we're asking is is to match the Montro uh minimum square footage on the on the first a portion. Uh and then everything else we're asking to be 400 square foot more than u Oak Park and their CCRs.

Thank you. Thank you. According to Mr. Wallace's comments, why did you not ask for that on the front end? To be honest, I can't answer that question. Uh I believe at at the time the market projected to to be at that range. Um since then it has shifted. What if the market changes again in favor of it in favor of being larger our square footage?

Well, then we would he would probably choose to build larger homes and smaller to make more money, I would assume. Um, we're just asking for the the the minimum to change. I'm I'm sure if he had the option, he would he would probably build the biggest home he possibly could. Um, I just believe that he's given himself some more room um to make to make that judgment call at the time. And these are your minimums, sir. This is your request for minimums? Yes, sir. We're our request is to essentially match what's what's around us.

Uh and and and we're asking the reduction in the R1 and the the AR district to the south, north of College. Uh we're we're still 400 square feet higher in our proposal than what's around us. And these are heated square foot. Um it's still I mean it's still a very large home. So that's your not that's not your total footprint. That's heated. That's heated. Yes, sir. That's not a total that's that's a heated square feet. So I mean you can imagine a 2,800 foot heated home. I mean you're in the 3,000s plus probably still over half million dollars.

Say that again, please. The the heated square footage said Yeah. Yeah. So, I mean, you're looking at a 1,800 foot heated home, you know, the the total between garages and porches and and whatever. The total home, I mean, could could be 3,000 plus at the at the end of the build. Um, depending on what what extra additions may may have you on on the house, uh, you know, bringing it to half a million dollar plus home.

Do you think the majority in that subdivision will be over half a million, over 500,000? In my guesstimate, yes. The way that things are going now, I believe so. Um, I I live in Ernando and I have a 2400 foot home and it was $450. So, these are well over that. Um, I just just from what I'm seeing, I I believe they'll be well over half million dollars still. Okay. Thank you. What is your price per square foot today? And I've got my own opinion calculate, but say builder's grade. Nice stuff. You go to Home Depot, builder supplies. What's a builder's grade per square foot now? Buck 50 or higher. Oh, it's higher. Okay. 175.

I think it's still higher. A custom home right now is being built for 197 like 197 198. What we would call builder's grade material. Builder's grade. Uh it's probably around 175 180. Okay. So, if you add some customization or nicities, you can get 200 square foot obviously. Okay. So 175 for builder's grade. At the end of the day, the 200 square foot the same 33,000 that we just raised in square footage. It's only $33,000. Leave it alone. People have a choice to buy build or not. Thank you, sir.

Thank you. I'm going make I'd like to make a comment and then an emotion. I think what uh you know Tracy Kirtland came in here a few weeks ago on the 13th and told us where the market was at, the square footage of the houses that was settled in the Soda County and the price and she felt like the market was going to be there when get back there. I asked that question and so based on that, I'm prepared to make a motion to approve the planning commission recommendation and approve this. I take the first motion first and then we'll come to yours. Mr. Gamage, you got a motion to deny.

Got a motion to deny and then another motion on hold. Is there a second for the motion to deny? I'll second it. Second by Mr. Hart. So, the motion that's being voted on is to deny it. A motion by Mr. Wallace, second by Mr. Earhart. Any more discussion? Mayor, just sometimes negative motions get confusing. It's a motion to deny. So, if you're voting yes, you're voting in favor of the motion to deny. So, a yes vote would deny this applicant's request. Miss Stewart. Aldridge? Yes. Collins? No

Dickerson. No Hart. Yes. Gamage. No Hamilton. Okay. Let me go back. I am for this. A yes would be to deny it and a no would be to appro approve it. So yes to deny and no to approve it. What? What's your vote? Miss Hamilton. She said she said no. Okay. Wallace. So that motion died due to lack of majority. Well, it fa fails on a three- four vote. 34. Yep. Now the next motion for Mr. Gamage is motion to approve.

Yes. Motion to approve by Mr. Gamage. Second by Mr. Collins. Roll call. Audrey. This would be to approve. This would be to approve the request for the reduction. On the screen, you've got the uh modification to the condition that would be approved if this motion passes. It's going from the 28 um you know heated in the north part of the AR and 2400 elsewhere. And so the motion by Gamage, second by Collins to approve the application. So a yes vote would approve the application which is the square footage miss. No, she voted no. Continue.

Collins. Yes. Dickerson. Yes. Your heart. No. Damage. Yes. Hamilton. Yes. Wallace. No.

Passes four to three. Four yeses, three nos. Is approved. Next item. Consideration of application for the preliminary plat for Marquet Margarite Manor Commercial Center phase 2 submitted by Andrew Link Waffle House Incorporated on behalf of Barry Bridgeforth Margarite Manor LLC property owner. The request is to divide 14.18 plus or minus acres into 13 lots for commercial use. The subject property is zone PUD plan unit development district and is located on the south side of Church Road just east of Pleasant Hill Road North. Staff report. Mayor Adam. This is about 14 acres of the the remnant of the commercial the neighborhood commercial area for Margaret Mano subdivision at the souththeast corner of the intersection of Pleasant Hill Road and Church Road. Precisely at this location there is a gas station there dollar general. So this is the empty or the vacant land area to the east. It kind of wraps at the back of that property. There a lot of cypress trees behind here. So that's the subject property that is under consideration tonight. The preliminary development plan for that particular area provided for two access points. one onto Pleasant Hill Road and the other onto a church road. A contemplated more of a shopping center kind of design with large parking area and you are this large building kind of what you normally have on Goodman Road. The application before you is to subdivide that into 16. This is a preliminary plot. This is not a final plot. This is preliminary. is to

subdivide that into 16 commercial lots. Um, and this is mainly speculative. The only lot that we are certain of what is going to go in is lot number four which has a prospective Waffle House restaurant. So all the other lots are prospective. In fact, it's even possible that if you have some other development that comes up in future and decides to do away with this entire design year, uh that can be done. So, all of this is apart from the waffle house. A lot of this is really speculative. The applicant right now we've got a this particular area of the subdivision. It's an easemen, private easement used by Dollar General and also owned by the current property owner. We received a confirmation from Dollar General they okay with these being dedicated as a public street. It would have to be 50 ft right away curb gutter sidewalks and that would be addressed more specifically in the next application. When the board of adaman reviewed the amendment to the project text for Margaret Mano subdivision a couple of years ago, there was a requirement that a 20 ft wide buffer that a developer provides a 20 ft wide buffer separating any commercial developments on this property from the adjoining residential. And that 20 ft wide buffer should have a sim echo stone fence. That fence will look the same as the one you have behind sport academy on Pleasant Hill Road. So that was a condition that was put there on this piece of property a number of years ago. The present this is the preliminary plat laid out proposed before you. The planning commission

reviewed this application at its meeting on September 9, 2025. recommended approval. You only getting the application now see September because they were working on getting the approval of Dollar General with regard to the dedication of that ement as a public street. So they had to get the cornent and that has been received. So the planning commission recommended approval subject to these conditions one to seven. Condition number three required that they provide a profile of the street to the city engineer. I think that has actually been done. has been submitted to the city engineer already for the entire length of that street and that sidewalk shall be constructed along the pleasant hero road frontage of the property. That concludes staff's presentation. Thank you.

Thank you Dr. Song. Any questions board? Does applicant have anything else to add? Mr. Bridgefor anything else to add to this that hadn't been presented? Okay. Thank you. He's asleep. Okay. I know this if this passes this is going to be a Brentwood, Tennessee or Madison, Mississippi quality Waffle House, right? It's going to be a real nice Waffle Way. Issue Waffle House name Waffle Way. All right, board. Any questions? I got a motion to approve. Okay,

Miss Hamilton, motion to approve. Second, Mr. Wallace. All in favor? I.

All opposed. Motion carries. Next item. Consideration of application for a final plat for lots four and five retail section 8A Margarite Manor at Robinson Crossing Commercial Center submitted by Andrew Link Waffle House Incorporated on behalf of Barry Bridgefor Margarite Manor LLC property owner. The request is to create two lots of 0.55 plus or minus acre and 1.08 08 plus or minus acres. The subject property is on PUB plan unit development district and is located on the south side of Church Road just east of Pleasant Hill Road North. Staff report.

Thank you, mayor. This subject property is lot four and lot five. You just approved the preliminary plat. So this is a final plot for just lot four and lot five of that 16 uh lots preliminary plat that you approved the applicant is deciding to move ahead with platting lot four and lot five finally the reason for this is lot four we did indicate is intended to be used for waffle house utilities are available in the surroundings of the property it's an 8 in sewer line there 12in water line 6 inch gas line will be the responsibility of the developer to extend those utilities to service any development on any of those two lots. This is the waffle house as proposed design is standard. Uh they have submitted several set of plans already. I think we've already sent the first set of comments back to the applicants to address and resubmit. So that is currently under review. As I did mention, the developer is required when lot five, one of the conditions the planning commission imposed was when lot five develops that would be the development of that lot will be required to install that sim echo stone fence separating this lot five from the adjoining residential development and this common open space. This is an alley at this area. The planning commission also recommended that the development of lot 5 should be connected with a sidewalk along church road onto Margaret Circle. There is a sidewalk on where's Margaret Circle such that if residents in this subdivision wanted to go eat in Waffle House, they could just walk to Waffle House for dinner, you know, so shouldn't be an issue. and the

proposed public street that is proposed to be named Waffle Way. The planning commission was not very comfortable with that name because you have other lots in the subdivision that are not waffle may not be used for waffle. So there was a prop proposal that is better to have a name that is more generic in nature that was put to the board of adamant for your recommendation or your decision. The planning commission reviewed this application at its meeting on September 9 unanimously recommended approval subject to these conditions one through 10. Condition number two, the developer of lot 5 shall construct a 5 ft wide sidewalk connecting this lot to West Margaret Circle. As I did indicate, the proposed waffle way shall be constructed to local public street standard with curb gut and sidewalk on both sides. The civil set of plans we have received for Waffle House actually includes those sidewalks on both sides. So that's been set up already. The developer of lot 5 shall install the 6 ft high SIM techch echos fence between this lot and the adjoining single family residential lots. Should the property owners or developer of any of the lots seek to record the plat before construction of the proposed street to local street standard, they shall provide to the city engineer the letter of credit plus 25% to guarantee that all infrastructure will be completed. Um we have received the connisscent from dollar general with regard to the dedication of that easement as a public street. So that has been done. That was condition number nine. Condition number 10 is a recommendation that the name Waffle Way should be changed to one that does not advertise or contain the name of a specific single business that may be located along the proposed public street. That concludes T's presentation.

Thank you. Thank you board. Any questions? I don't know. I kind of like Waffle Way now. Kind of patty melt would probably have a good patty destination plus doesn't include waffles. All right. Questions or motions? I'll make a motion to approve. Motion to approve by Miss Hamilton. Second. Second by Miss Aldridge. All in favor? I.

All oppose. Motion carries. It is approved. Thank you. Next item. Consideration of application for a final plat for Ansley Point subdivision submitted by Andy Richardson, RNH Engineering and Surveying LLC on behalf of Sunset Creek Farms LLC. Kevin Binham, property owner. The request is to create two residential lots totaling 82 plus or minus acre. The subject property is zoned R1 single family residential district. The property is located on the northeast corner of Hamilton Circle North and Hamilton Circle West known as 662 Hamilton Circle North. Report please. Mayor, previously there was a withdrawal of a one lot subdivision for Ensley Point. That was old business. The applicant has basically come back. Instead of having a one lot subdivision, he's proposing a two lot subdivision which will be applicable here because that property some months ago was reszoneed from AR to AR1 zoning district which requires that lots be only minimum 9,000 12,000 square ft. There was a discussion which the board had at a time when you had that one lot subdivision. It had to do with ensuring that the extension of Homing Bird Drive southward could TN with Hamilton Circle West and that's what has led to the delay of this subdivision plat right up to this point. Um essentially the developer or the property owner and the owner of this adjoining property to the west they were able to come together and agree on something which was you know uh that this road could tend with this design. So your green lines, these will basically be the edge of pavement

or the new street when the hummingbird is extended southward and Hamilton circle west is extended westward to t at that intersection. The right of way edge of the right of way will actually be larger. The hatch area is the area that the owner of this property that is a current applicant is dedicating as public right of way for the extension of Hummingbird drive southward and Hamilton Circle Westward to create that T intersection. So all of that hatch area that's what that is meant for. Right now the Hamilton Circle West edge of pavement is marked by this blue line. So in order to to align this road a lot of right away will be needed from this property because this is where the road currently ends. The applicant does not propose to construct this rightway at this particular time. to really make it work, you need to the grading plans, everything has to work with the extension of hummingbird sway and he's not doing that. So he's not proposing to do any of these improvements. His proposal at this point is just to dedicate a right of way for this to be done in future. This is the plan as proposed with the dedicated area. So the total right of way being dedicated to the city that is 7,363.45 square ft of that property which will basically drop the entire area from 0.92 to about 0.82 acres. Lot one will be about 20,000 almost half an acre square while lot two will be 15,000 square ft. Condition

number six on the plat specifies that any homes constructed on this lot or any future resubdivision of the lot must meet the following requirements. We have to change those lots to plural. Homes shall have at least 1,800 square ft of heated area and be 1.5 to two stories. Homes shall have a minimum twocar garage and be sideloaded. All house elevations shall be constructed of at least 75% mentory material as brick or stone. Utilities are available within the vicinity of the property. Applicant would have to extend that to the site. The planning commission review this pl at its meeting on December 9 unanimously recommended approval subject to these conditions one to eight. Condition number three being that the requirement for the property owner to construct sidewalks along the Hington Circle West and along the future Hummingbird drive extension is waved. The reason for this waiver was if the applicant goes in and construct a sidewalk, it will have to be ripped up in future in order to extend the road and construct you know the the T intersection. The property owner is required to dedicate the right of way on Homing Drive and Hington Circle West as shown on the plat but not required to construct extend and or realign these roads. Lastly, at least one tree which shall be 2 and a half to three and a half inches in caliber at time of planting shall be planted in the street frontage of each lot before the house on the lots may pass final inspection. That concludes house presentation. Thank you.

Thank you. Any questions board on this? staff report. Yes, sir. I do have a not necessarily a question. I just have a comment. Okay.

Um I understand that he does not have to install the curb sidewalks and gutters and all with this because of the timing. The streets not really set up and so forth. So, I can live with that. That's okay. We'll deal with that later. But I would like to since we did Acry Woods, Acry Woods is going to have homes built on Hamilton Circle and this is just down from where those those houses will be built. And the minimum required house size is 2,000 and Acre Woods. So since those houses are going to be on the road, this is just like one house down. I would like to request that we move the 1,800 to 20,000 minimum.

Okay. Is that a motion at this point or just for discussion? Okay. A motion is the motion to approve but require 2,000 foot minimum instead of 1,800. Is that the motion? Okay. Is the applicant here? Okay. I think you got to recognize and let Yeah. Got a motion and Miss Hamilton, second by Mr. Collins for the applicant. The motion was to approve this but to require 2,000 square foot minimum instead of 1,800. Uh I'm actually I'm Andy Richardson. I'm actually the surveyor engineer. Uh you can agree to anything then, can't you?

No, I I didn't. And unfortunately, Mr. Bay had to leave. Uh I really can't speak to that. I mean, I know he'd prefer to leave it at 1,800 obviously. Yeah. Uh, is there anything that wasn't covered by the staff report that you want the board to know about? I think all the report was thorough. I don't have anything to add to that. All right. Thank you. There's a motion on the and a second for it to be approved but with 2,000 foot minimum. Any more discussion? All in favor? I.

All opposed? Motion carries unanimously approved for 2,000 foot minimum. Number seven, consideration of application for a final plat for Malco Olive Branch subdivision phase three submitted by Caleb Gil Civil Link on behalf of property owner Mike Bailey. The request is to create a single commercial lot of 3.22 plus or minus acres. Subject property is on C4 Planned Commercial District and is located at the south end of Grand Flora Drive and north of Goodman Road. Report please. Mayor Adman, before you is your request to consider the final plat for these one lot commercial lot subdivision, it will be 3.22 acres that is just south of Ivy Trail, west of Marco Theater. At this particular location, this is Goodman Road and this is Hington Circle West. The subdivider of the Lord has not provided any information to us at this time as to what he intends to use the Lord for. We don't know.

And you tried, didn't you? We have tried and no comment from the use all the tricks in the books and all we receive is a seed lift. So, he doesn't have to say right now or she

utilities are generally available in the vicinity of the property. the sufficient 10-in water line, 8 in sew line, gas lines, they're all available. It will be the responsibility of the developer to extend those utilities to service any lot on that particular piece of property. The sidewalks along this Eastman and the planning commission did recommend that in the development of that lot, those sidewalks should also be constructed in the frontage of the lot and to the west or to the east of the property. This planning commission did discuss this uh for drive going down. There is no planning commission examined this and considered that it should permanently end there. It shouldn't be extended. In other words, this is a residential street. It should not be opened up into the commercial area. There is no need for doing that. I tray has two exits already. one onto Hamilton Circle West. I can come out of the subdivision this way. We can also go out on Davidson Road. Opening up that road will just bring in traffic, you know, non-residential traffic from the theater and so on into this subdivision which would not really protect the res the residencies there. The applicant is required and will handle this what if and when we receive any civil plans for construction on this piece of property. There will have to be a 35 ft buffer behind this piece of property. That would include a fence. Uh these trees will have to be fortified especially in this area where all the trees have been cleared. The planning commission reviewed this at its meeting on December 9, unanimously recommended approval subject to these conditions one to six. Condition number four, address the requirement for the construction of the sidewalk as proposed

on the site lot. That concludes presentation. Thank you. Thank you. Questions or motions or comments from the board? I have no questions, but I can make a motion to approve. Okay. Motion to approve by Miss Hamilton. Is there a second? Second. Second, Miss Aldridge. All in favor? I.

All oppose. Motion carries. Item eight, consideration of application for a preliminary plat for the crossings at olive branch subdivision submitted by Mike Davis, the Reeves firm, on behalf of Cooper Realy Investments Incorporated property owner. The request is to subdivide 43.2 plus or minus acres into eight lots. The subject property is zone C2 highway commercial district and is located at the southwest corner of highway 302 and hacks crossroad report please. Mayor Adman before you is a request to consider a preliminary plat. So this is preliminary not final for this piece of property as you did indicate 43.2 2 acres at the southwest corner of Hacks Cross Road and Highway 302. This is the same property which I think that was last year you examined it for racetrack. Same site.

Yep.

Uh it's currently in about three more than three parcels. One, two, three, four, five, six, and then the large seven parcels. and there's a property owner that intends to or a potential developer that intends to buy all of it all the 43 acres and subdivide it. It's currently zone C2. So there is no reasonzoning action going on here. The C2 zoning that is in place is being maintained. All that the board is being asked to deal with is to approve the preliminary development plan. In 2006, back in 2006, the board approved a preliminary development plat for the hats, the shops at Hacks Cross. This was a layout. This was back in 2006. This is actually still active. In other words, if a developer came in today and wanted to develop these 43 acres according to this plan, they can move forward with this layout that would connect Hack on to Old Goodman Road. That plot it included a requirement for a traffic signal at the intersection of Old Goodman and Goodman Road and at the intersection of what was going to be the new street and Hacks Crossroad. That's what that signal was intended to be at the time. The proposal before you, the preliminary plan uh before you is to create eight lots all for C2 commercial uses as shown here. You will still have a street that would connect Hacks Cross Road eventually to Old Goodman. Basically, you will go like this to to the branch to the branch road and then to old Goodman road. So you still have that connection. It's kind of maintained and this street will have roundabout

design at this particular location. The master layout plan this is not a PD. This is the concept plan that the developer has at this time. The developers intent almost 95% conclusive is to go in on lot one and build a 40,000 square ft grocery store on lot one. That grocery store will have a right in that grocery store on lot one will be constructed in phase one of the subdivision. That phase one will maintain 40 ft landscape buffer with a residential subdivision to the west. That is the same buffer width that was required in 2016 2006. There will be a 30 ft wide landscape buffer to the south. That is the same that was required in 2006. There will be three storm water retention areas. This will be will service phase one and this will service future phases of the subdivision. An area to the north for lot 4. When it comes to the final platin of lot four developer is proposing that these about 7,000t of this ride of way quick claim dedicated or return to the property owner and will become part of the lot area for lot 4. This will come down in the final plat. This is not effective at this stage of the subdivision. The developer also proposes to maintain a gateway landscape future at the intersection of Goodman Road and Hacks Crossro. There would be a deceleration lane going into the grocery store on Hacks Cross

Road. The driveway going into the grocery store will be right in, right out only. Full access will only be to the main, call it the main street to the south. So if anybody went in to shop and wanted to go left or to make a left turn, that would not be very close to the intersection. that person would have to come down on the cross access easement to the roundabout, go around the roundabout and make a left turn here further away from the intersection to go out of the subdivision. So the infrastructure that will be built in this phase one of the subdivision would include lot one the eastment all improvements along house cross road and this street right up to this particular location. Lot two 3 4 5 6 7 and 8 that would be constructed in future phases. Utilities are available within the vicinity of the property. It will be the responsibility of the developer to extend them to service this lot. The planning commission reviewed this application at its meeting on December 9 and unanimously recommended approval subject to number of conditions. Condition number four being that the northernmost access for proposed lot one is limited to right in right out only for passenger vehicles and no additional driveways along Crossroad are permitted for lots two and three. that would apply to lot two. So lot two will not have any additional driveway on ax cross and lot three the outpass lot will not have any additional driveway on ax cross road access to lot two will be through this new street lot three will be through the new street prior to condition number six stipulates that prior to any other lot being

developed apart from lot one the applicant will have to provide a traffic study that would address in particular particular traffic signal warrants with regard to the provision of a traffic signal at the old Gurman Highway 302 intersection and at the intersection of the new street and hacks crossroad. So before it can move forward beyond the development of lot one that would have to be addressed. Condition number seven to eight are standard conditions that we normally have on all other subdivision plat. That concludes staff's presentation. Thank you.

Thank you, Mong. And anticipating at least one question would be the grocery store and we do not know who the name is on the grocery store at this point. Correct. I know that's probably a question the board would have that we we do not know. Do not know at this point. I almost knew it. It was we have suggested last minute we've suggested but we can't mandate. Thank you board. Any questions on on this presentation? We got one. Yes.

Can you go back to the plat on that? Um the 80 foot existing rightway on old Goodman Road. Do we know how you may have said it and I just missed it. Do we know how that was created? Was it by another plat or was that a deed old deed right or is it a prescriptive rightway? I'm just I'm picking up on that area where you're saying to be released by olive branch and wondering if that's we're going to need I don't see a condition of approval related to this but it's just are you envisioning this being taken care of just by virtue of the new plant being recorded or some other housekeeping to affectuate that? I had this kind of the same dilemma where you were in but since this is something he intends to handle a final plot I was like when we get there then we can dig more into

Okay. So this is just we're just at preliminary plat preliminary plot. Yes sir. This is well a song and I will work it out. Okay. Does the applicant have anything else to add that hasn't been covered? Okay. Thank you sir. Who did you make mad to get the last straw tonight? That's a a song. I did have one quick question. So, obviously traffic lights are kind of a wait and see based on traffic study,

but as I look at this drawing, is that a median or a concrete barrier just to the east of that um roundabout? Because my question is, if that's so, how you going to have a left turn out when people might be coming right in? And maybe I'm reading that wrong. Does that make sense? Okay. It's hard to see on that drawing. Yeah. Mike Davis with Reese's Firm. Uh 6800 Popular Avenue, Memphis. Uh it's it's two lanes out, one lane in. Okay. So, it's a 20 foot lane in and two 12oot lanes out. So, you have a left and a right. Great. I I figured as much, but I I'm looking that looks like a concrete boulevard. I'm think that's just not

Yeah. And we and we pushed that road as obviously as far south as possible to get it away from the intersection. Okay. Thank you. Any other questions or motions? Make a motion approve. Collins motion. Is there a second? Second. Second. Gamage. Any discussion? All in favor?

All oppose? Motion carries. We've covered old business of Craft Road already. Item number two, old business, consideration of bids received during reverse auction held December the 10th, 2025 for a boom truck for public works. Uh, basically this was an advantage, the reverse bid. It paid off this time and saved a little bit of money. You see the bids in front of you. You see the recommended lowest and best bid

question. Okay, Mr. Collins motion to accept low bid. Is there a second? Second. Second, Mr. J hard. All in favor?

All opposed? Motion carries. And that's boom truck number nine or eight. Eight. Correct. Boom truck eight. New business. Consideration of approval of resolution authorizing and directing the issuance of negotiated sale of a taxable tax increment limited obligation bond series 2026 for the bridges at Camp Creek of the city of Olive Branch, Mississippi and the principal amount not to exceed 1.338 million to raise money for the purpose of providing funds for defaying the cost of constructing various infrastructure improvements, funding a reserve fund, and paying the cost of insurance for the series 2026 bond and for related purposes. Mr. D.

Yes. Uh board, this is the first series of TIFF bonds for the bridges and what this means in essence is that the developer and thus the city have been successful. You've got enough revenue producing uh entities out there uh to bring in enough income to support the debt service on the first series of bonds. Of course, the city committed uh to take the action that's on your agenda tonight. We committed to do this several years ago uh and the development y'all are familiar with it is has enough activity in it to support a bond issue of this size. Uh in your packet, you had one document called a term sheet and that is a term sheet from the lender with whom our financial advisor has negotiated the sale. uh rather than it being an advertised competitive sealed bid situation on these, you can actually approach various lenders and negotiate the best deal possible. And that has been done. Uh you have Cadence Bank uh including their local bankers uh that have uh shown interest on this and submitted the uh proposal contained in that term sheet. In essence, the TIF document set it up as a 15-year term. Uh the interest rate uh is at 6% which part of that reason for the interest rate is a it's a taxable bond issue not tax exempt and b it's not a full faith and credit bond. It's not secured by the full faith and credit of the city. It's secured by the tax revenue from the development. And so that those two factors are reflected in that 6% interest rate. Uh but everything else is just u uh in order. The city will pay the principal and interest on that bond for 15 years. And we should anticipate as further development occurs within the bridges that we would have a additional request in the future from the developer for a second perhaps even a third or subsequent series.

5.3 million in principal amount is the cap on the on the cap in principal. Of course, the city, you know, pays interest. Anytime you do one of these, there's there's an interest component to it, but 5.3 million is the maximum principal amount. Yeah. And Mr. Mr. D, the board's aware of this, but for somebody watching it on YouTube, the city's channel, city doesn't invest money in these businesses. This is paid for by the property taxes and the sales tax generated by this particular business.

That's correct. And so, uh, for example, when that property was undeveloped, the sales tax number was zero. We had a certification from the Mississippi Department of Revenue in May that showed the sales tax at $157,000. So, your incremental increase is $157,000. When that property was undeveloped, it had a valorum tax of about $5,000 a year. It's got an assessed value, not tax, but assessed value. the assessed value of that property today is about $1.7 million. And so you have an incremental increase of that, you know, that much less 5,000, the original assessed value. So you've got substantial tax revenue coming off of that property now that it's developed. And the debt service on the bonds would be paid from the revenue that those businesses are are producing for the city. And so it's not coming out of general fund revenue of the city even though these would be general funds the tax. Uh but it's the tax specifically off of that property that's paying the debt service.

That's property tax and sales tax property tax and sales tax they generate. The bonds are sized based on 100% of the advalorum incremental increase and 75% of sales tax. I don't have that flip-flop do I Jason? It's 100% Avalorum, 75% sales tax is how you size the bonds. And so there's a there's revenue that's coming off that project that is going to the general fund. It's the difference between the 75 and 100% on the sales tax. Thank you. So that's that's a good it's a success story is is what it ultimately is for the city on this.

It was a creek that would never been infield would probably never been built out. Any questions board or motions to approve this? Motion to approve. Mr. Wallace, motion to approve. Second, Mr. Dickerson. All in favor?

All oppose. Motion carries. New business item two, consideration of requesting the Soda County Convention and Business Bureau. Their support of local tourism in Olive Branch. You've got a lot of information in the file on that. And this would boil down to a a resolution from the board. I'm planning to be at their board meeting at the CBB in January. And this quick summary is that uh this was approved for a 1% tourism tax for all of our restaurants in the county, Dinnenota County, and hotels and lodging that took place in 97 time frame. And this 2% uh from Olive Branch equals $4 million, probably a little over $4 million. And knowing what we know based on what our 1% of our hotels generate, uh, then probably four million or at least 3.7 million out of the maybe as high as 4.5 million paid for in this city by people eating at restaurants. So our restaurants, our citizens are paying this 2%. Our restaurant owners are giving up the 2% that goes to convention and business bureau. So during the last 27 years, conservatively, Jason has pegged about $190 million, but reality is it's probably close to 200 million. And every bit of that money has gone straight to the Lander Center, 48 acres of the Lander Center, and not a penny ever spent outside the Lander Center. So not the ideal situation for our residents. It was sold to us back then when we voted on it. Uh we didn't know our grandkids would still be paying it. But part of the big sale was the fact that high schools had no place to hold graduations. Well, back then there were four high schools. Now there's eight high schools. Some of these mega high schools have a a gym or location big enough they could probably do their own graduation without having to go to the Lander Center. So for all these years, a 100% of that tourism dollars has been going to the Lander Center only. And the other mayors hopefully are talking with

their boards to maybe join suit to where we go. uh AG opinion was requested and AG opinion is very clear that CVB cannot give tax tourism dollars to areas outside the Lander Center based on the way that that local bill was p was drafted years ago. However, other proceeds from the Lander Center can be used to support tourism whether it's Ball Lick Creek Conservatory, whatever we want to do in other cities. So, that could be merchandise, it could be ticket sales, it could be concessions, uh it could be rental fees that we want to ask the board to share the joy. We don't want the county defaulting on their $35 million bond that they floated maybe last year to enlarge the Lander Center so this convention center hotel can't connect to it. We don't want them to default. We want landers to still keep being successful, but we want to I want to ask them with your support that they give basically the equivalent of half of 1% out of that 2% back to Ali Branch for our tourism, whether it's a rodeo or whether it's a ball field, whatever it may be. And the other part of the request is there's seven members on the CBB and all of them have been appointed to date by the board of supervisors. Well, there are no hotels in the county unincorporated. There's very few restaurants. So, all this money, it equals 15 million a year that's being raised from all the cities. So, all this money is going there. And we don't have a say in it. And I want to ask that we each city be allowed to have to nominate or appoint somebody to that sevenperson board so they can look out for the best interest of the cities just like Draua does. Kru operates very effectively with a member from each city and also the county has two board members that sit on that board uh is what I would like for us to have a seat just like the other cities should have a

seat on that board and have some say. So uh quality of life was what this was teed up at as back in 96 it was going to add to the quality of life of our residents and maybe so but really what our residents get is paying the same ticket prices that anybody else pays. Our residents don't see a benefit out of the Lander Center. Maybe go to a concert once a year. They may go to a high school graduation, but I haven't had anybody tell me that it's increased their quality of life by 15 million a year going to the Lander Center and nothing going outside the Lander Center. So, we like your support to as an endorsement on this resolution that I can take when I meet with their board and make these requests and hopefully it'll suffice. If not, then we're going to ask our legislative delegation to ask for an update of that local and private statute in 2026 to where it would be written in, but I'd rather it just be a an agreement so we wouldn't have to ask for that bill to be changed and hopefully the other mayors will join suit uh as well. Any questions on that?

Mayor, I think it's a very well-ritten resolution. I appreciate you doing that. I did a great job. No, thank you, Mr. D. You did a great job writing that resolution, but I I didn't know all the history. I had to go get some newspaper articles pulled from back 97 time frame. And als reminded me that Olly Branch was noted for some push back during the referendum. Well, it passed at just a little over 60% which really isn't much if you consider our 1% for our parks. It had to be 60%. But it noted in the article from 97 time frame that Olly Branch was concerned about basically a perpetual tax about it continuing forever. Well, I guess Mr. Collins and his associates were self-fulfilling prophecy.

Board meeting they said that you trying to get us four years go away tax. There was a there was a repealer in there to where it would be voted on again a couple years after it passed, but that repealer was taken out by a local delegation two years after it was passed to where it's never been voted on again since 1996 97.

So the gift that keeps on giving, but we just want our fair share. We don't want to, you know, give anybody else a hardship. We want the county to do what they're doing, but we want our fair share of that tourism dollars. Need a motion for passing. Motion to pass. Second. Uh, Mr. Earhart. All in favor? All in favor? All opposed? Motion carries. Thank you. Uh, consideration fire department a custom pumper that is needed.

Mayor, that's a state contract purchase. So, it's a straightforward pricing and state contract. We see this as arriving in FY 27 uh maybe October of next year, but you have to get normally 24 months to build one, but a custom one we may can get one coming off the line. Uh hopefully that's stock. Okay. So then we'd pay for it out of next fiscal year. And that would mean, if I understand right, all of our apparatus would be 10 years or less in age. So they would be in pretty good shape considering they can go 15 to 20 years depending on who you ask it. Okay.

Now will we put one of the engines in reserve or we've got some reserves that are not good reserves that need to be sold and salvaged and then put good reserves in reserves is what needs to happen. Is there a motion to approve the motion to approve, Miss Hamilton? Motion. Is there a second? Second. Second, Mr. Wallace. All in favor? All oppose? Motion carries. Is there a motion to leave regular session with the intentions of going into executive session for items 1 through eight? So move. Earheart motion. Second, Collins. All in favor?

All oppose? Motion carries. Is there a motion to go in executive session to discuss a personnel matter in the admin department? Personnel matters in ambulance department, personnel matters in the fire department, personnel matters and gas maintenance, personnel matters in the police department, personnel matter and water maintenance department, personnel matter in the street department, and executive summary. Is there a motion to go in executive session for those eight items? Mr. Mr. Wallace motion. Is that right? It is. I hear you. Okay. Mr. Wallace motion. Second. Second. Miss Alders. All in favor? All opposed. We are in executive session.