The Planning and Zoning meeting began with roll call. Jimmy Hyles, Frances Kirby Allen and Joan Grabowski were present.

At 6:45 pm the public hearing began to receive comments to decide to approve or not approve a request by Tomas E. Rivas on behalf of Annette Harwell for a Zoning change to permanently zone approximately .9288 acres on Highway 34, from Single Family District 3 to Commercial 1, according to the plat recorded in volume 2036, pages 1788, 1789, 1790 and 1791, deed of records, Ellis County, Texas generally located at Highway 34, Italy, Texas.

Several questions were asked by Joan Grabowski (as a citizen). Grabowski wanted to know what Mr. Rivas wanted to put on the land. Mr. Rivas said he wanted to open a tire shop, a repair shop and sell cars there. To Grabowski’s questions regarding what kind of building he was going to install and would there be fencing, Rivas said that it would be a metal building and yes there would be a fence.

There were no more questions from citizens and the Public Hearing was closed.

Next, the Planning and Zoning Committee discussed and considered actions regarding the request by Tomas E. Rivas on behalf of Annette Harwell for a zoning change to permanently zone approximately .9288 acres on Highway 34, from Single Family District 3 to Commercial 1, according to the plat recorded in volume 2036, pages 1788, 1789, 1790 and 1791, deed of records, Ellis County, Texas generally located at Highway 34, Italy, Texas. Mr. Rivas told the committee that he would like to open a tire shop, a repair shop and sell cars on that property.

The committee had many questions such as:

• Where would the tires be stored?

• What kind of fencing – would it be metal, chain link or made of wood?

• What kind of building would it be?

• Would there be parking?

• What would the parking lot be made of?

Mr. Rivas said the tires would be stored in the back of the building and there also would be fencing. The fencing in the front would be chain link and the fencing on the sides and in the back would be a privacy fence. The building would be a metal building and there would be a gravel parking lot.

The committee had some concerns such as:

• Not wanting the said area to look like areas down Highway 77 toward Milford or the other way on Highway 77 toward Waxahachie.
• Old broken down cars or old tires laying around in the front of the building.

After much discussion it was decided to approve the zoning change with a special use permit. The special permit would have these provisions:

• It would have to have an engineered type building
• All parking would be gravel – no parking on grass
• Back and sides of building would have a privacy fence

The motion was made by Francis Kirby Allen and seconded by Jan Gabrowski. The vote was unanimous to approve the request of changing the zoning from Single Family District 3 to Commercial 1 with a special use permit.

The minutes from their last meeting that was on January 8,2009 was approved and the meeting was adjourned.