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[1. CALL TO ORDER]

[00:00:06]

>> WELCOME TO THE CITY PLANNING AND ZONING COMMISSION MEETING OF TUESDAY APRIL 13TH, 2021. I SHOW 6:30 P.M. WE CALL THE MEETING TO ORDER. WE HAVE A QUORUM.

PLEASE SEND COMMITTEES AND THEY WILL BE READ INTO THE RECORD.

[3. CONSENT AGENDA]

>> NEXT ITEM 3, CONSENT AGENDA. CONSIDER THE PLANNING AND ZONES COMMISSION OF MARCH 32ND. 2021, IT EVERYONE HAD A CHANCE TO REVIEW THE MINUTES. CHANGES, EDITS COMMENTS FOR THE MINUTES? OKAY.

READY FOR A MOTION. >> I MAKE A MOTION TO APPROVE THE

MINUTES. >> WE HAVE A MOTION.

SECOND? >> SECOND THAT. >> WE HAVE A SECOND. LET'S TAKE VOTE. VOTING BY HAND?

>> YES. >> OKAY LET'S ALL. >> AUSTIN ARE YOU -- ARE YOU SITTING IN AS A VOTING MEMBER? IF SO PLEASE TURN ON YOUR CAMERA FOR THE VOTE. WE HAVE A MOTION AND SECOND TO APPROVE THE MINUTES. ALL IN FAVOR PLEASE RAISE YOUR HAND. THAT'S A UNANIMOUS VOTE.

WE WILL MOVE TO ITEM 4, ITEMS FOR INDIVIDUAL CONSIDERATION. TO PROVIDE COMMENT DURING A HEARING, YOU CAN CALL THE TOLL-FREE NUMBER ABOVE. PLEASE STATE IN YOUR E-MAIL YOUR NAME, ADDRESS AND THE SPECIFIC AGENDA ITEM.

YOUR COMMENT WILL BE READ INTO THE RECORD DURING THE MEETING

[4A. Consider and take action on a request by Adam Shiffer, Skorburg Company, on behalf of property owners Lake Shore Village SF, LTD., and Cornerstone Assembly of God, for the Lake Shore Village Preliminary Plat. The approximately 34.08-acre site is situated in the William Crabtree Survey, Abstract Number 346 and is located at 4000 Dalrock Road in the City of Rowlett, Dallas County, Texas.]

WITH A THREE-MINUTE TIME LIMIT. >> ITEM 4A.

CONSIDER AND TAKE ACTION ON A REQUEST BY ADAM SCHIFFER ON BEHALF OF PROPERTY OWNERS LIKE SHORE VILLAGES LIMITED AND CORNER STONE ASSEMBLY OF GOD FOR THE LAKESHORE VILLAGE PRELIMINARY PLAT. APPROXIMATELY 44.08 ACRE SITE IS IN THE CITY OF ROWLETT COUNTY TEXAS. WHO WILL PRESENT?

>> THAT'S ME. >> GO AHEAD. >> THANK YOU FOR HAVING US THIS EVENING. NEXT SLIDE, PLEASE LAURA. HERE TO DISCUSS A PRELIMINARY PLAT, THE APPROXIMATELY 34 ACRE SITE THAT WILL BE SUBDIVIDED IN TO 104 LOTS. 103 OF THEM ARE ASSOCIATED WITH A PRIME DEVELOPMENT THAT YOU HEARD AND RECOMMENDED TO THE CITY COUNCIL ON EARLIER THIS YEAR. THAT IS BLOCKS, AB AND C. THAT'S FOUR SUPPORTING LOTS.

THERE'S A REMAINING LOT THAT WILL BE LEFT THAT HAS BEEN BLOCK D.

IT IS ANTICIPATED TO DEVELOP WITH A CHURCH BY THE ASSEMBLY OF GOD. YOU SEE THAT IN THE LIMITED OFFICE AND FS10, BLUE AND YELLOW ON THE SCREEN. THIS ESTABLISHES BOUNDARIES AND LOTS AND DRAINAGE AND ACCESS TO THE SITE JUST AS REFRESHER. EXTENSION OF THE DRIVE.

THAT'S NORTH. AND THE NEWLY ESTABLISHED DRIVE AND THAT SURROUNDINGS THE PROPERTY BOUNDARY CIRCLED IN BLUE THERE.

THIS WILL ESTABLISH 99 RESIDENT THE LOTS AND FOUR HOH LOTS IN SUPPORT OF THOSE AND ONE MUCH LARGER LOT FOR THE CORNER STONE

[00:05:07]

ASSEMBLY OF GOD. THIS IS A ONE PAGE PLAT.

>> WITH THAT, RECOMMENDED APPROVAL AND THE PLAT IS ALL TECHNICAL REQUIREMENTS FOR THE RDC, THE PLAN DEVELOPMENT ORDINANCE.

IT HAS BEEN ADDRESSED. WITH THAT I'M AVAILABLE FOR COMMENTS AND OWNERS ARE AVAI AVAILABLE.

>> THANK YOU COME COMM COMMISSIONERS, ANY QUESTIONS FOR STAFF? IF YOU GOT ANY QUESTIONS FOR -- FOR THE APPLICANT. I GUESS WE'RE GOOD. MOTION.

>> MOTION TO APPROVE. >> WE HAVE MOTION FOR APPROVAL OF THE PRELIMINARY PLAT BY MR. SEIGERS.

A SECOND? >> I'LL SECOND THE MOTION.

A SECOND BY MR. COTE. LET'S VOTE. SHOW OF HAND, EVERYONE IN FAVOR OF APPROVAL OF THE PRELIMINARY PLAT, PLEASE RAISE YOUR HAND. THAT'S A UNANIMOUS VOTE FOR APPROVAL.

[4B. Consider and make a recommendation to the City Council on a request by Colin Helffrich, Dowdey, Anderson & Associates, Inc., on behalf of property owner Sunrise Primary Care Services, Inc., for approval of a Tree Removal Permit application on property zoned Form-Based New Neighborhood (FB-NN) District. The 35.2-acre site is located approximately 400 feet south of Panama Drive at the termination of Sunrise Drive and Lafayette Drive, in the City of Rowlett, Dallas County, Texas.]

MOVE TO ITEM 4B. MAKE RECOMMENDATION TO THE CITY COUNCIL ON REQUEST BY CALLING HEALTH RICH DOWDY AND ANDERSON ON BEHALF OF PROPERTY SUNRISE PRIMARY CARE SERVICES INC. FOR A DEGREE REMOVAL APPLICATION ON PROPERTY ZONE NEW NEIGHBORHOOD AND FC IN DISTRICT. THE 35.2 ACRE SITE IS LOCATED 400 FEET SOUTH OF PANAMA DRIVE AT THE TERMINATION OF SUNRISE AND LAFAYETTE IN THE CITY OF DALLAS, THE CITY OF ROWLETT COUNTY TEXAS.

GO AHEAD STAFF. JUST TO MAKE NOTE OF WHO IS PRESENTING.

>> THIS IS ALEX. I'LL DO THE PRESENTATION.

>> GO AHEAD, THANK YOU. THANK YOU FOR THE

INTRODUCTION. NEXT SLIDE. >> THIS IS A RECOMMENDATION FROM THE PLANNING COMMISSION TO THE CITY COUNCIL FOR A TREE REMOVAL PERMIT. THIS SITE THAT YOU SEE OUTLINED IN RED IS 35 ACRES. TECHNICALLY AS WE PUT OUT THERE, IT IS 400 FEET SOUTH OF PANAMA DRIVE AND THAT DETERMINATION, MORE SPECIFICALLY IT IS LOCATED SOUTH OF THE HARBOR SIDE ESTATES NEIGHBORHOOD AND TO THE EAST OF THE HARBOR NEIGHBORHOOD. LAKE VIEW IS ON THE SIDE OF THAT OR ON THE EAST SIDE OF THIS TRACK AND TO THE SOUTH WOULD BE -- SOUTH SOUTH EAST. THIS IS 142 HOMES. ACCESS TO THE SITE WOULD BE ON THE NORTH WITH THE EXTENSION OF LFAYETTE AND SUN SET DRIVES AND BAY DRIVE ON THE WESTHAND SIDE. THE TREES ARE GENERALLY LOCATE ALONG THE EAST PROPERTY LINE TOWARD LAKE HUBBARD IS WHERE THE CLUSTER OF TREES. IT SEEMS TO BE THERE IS AN AREA WHERE THE TREES, THEY'RE NOT TREES ADJACENT TO THE EXISTING DEVELOPMENT. IT IS -- IT IS TYPICALLY HOW THE TREES WORK ON THE SITE. NEXT SLIDE, PLEASE.

MORE BACKGROUND. THE PROPERTY IS ZONED AND WAS ADOPTED WITH THE ZONING THAT TOOK PLACE WITH THE -- WITH THE SIGNATURE GATEWAY OPPORTUNITY AREA AND THE DEVELOPMENT PLAN FOR THIS PROPERTY WAS APPROVED ON JANUARY 27TH OF THIS YEAR OUTLINING TWO PHASES OF DEVELOPMENT. NEXT SLIDE. FOR A NOTE WITH THIS PRESENTATION AND GOING FORWARD THIS IS IN THE CONE BASE AREA OF THE CITY. THE TREE PRESERVATION REQUIREMENTS IN THE

[00:10:01]

CODE APPLY IN PART BUT NOT TOTAL. WITH THE FORM BASED CODE, THE MITIGATION CALCULATIONS ARE MODIFIED BY THAT CODE.

THE REQUIREMENT FOR REVIEW AND APPROVAL BY THE CITY COUNCIL FOR THE REMOVAL OF THREE OR MORE PROTECTED TREES AS SET FORWARD IN THE RDC IS NOT MODIFIED. SO THAT STILL DOES -- IT IS STILL IN EFFECT. AND THEREFORE, THAT'S WHY THIS IS -- THIS IS BEFORE YOU THIS EVENING. NEXT SLIDE, PLEASE.

THERE ON THE RIGHT-HAND SIDE YOU TO SEE A BLOWUP OF -- OF THE -- OF THE PROPOSED, THE TREE SURVEY WITH THOSE RED DOTS BEING TREES, THE PROTECTED TREES THAT WERE PROPOSED FOR REMOVAL AND THE REMAINDER OF THOSE TREES THAT WOULD BE THERE. MY WALK THROUG WHAT THEY'RE PROPOSING HERE AND THEN ALSO THE REQUIREMENTS IN THE FORM BASED CODE.

SO PER THE FORM BASED CODE, PROTECTED TREES ARE DEFINED AS ALL EIGHT INCH OR GREATER ELK ELM OR PECAN TREES.

THAT'S WHERE WE START FROM WHEN IT COMES TO TREE MITIGATION AND THE REMOVAL PERMIT. ALL PROTECTED TREES THAT WERE PROPOSED FOR REMOVAL ARE REQUIRED TO BE MITIGATED AT RATIO OF ONE CALIPER INCH REPLACED FOR EACH CALIPER INCH REMOVED. THAT'S WHERE THINGS START. OVERALL THERE ARE 704 TREES THAT WERE SURVEYED ON THIS ENTIRE 35 ACRE SITE OF WHICH 231 OF THOSE ARE PROTECTED TREES AS DEFINED BY THE FORM BASE.

225 OF THE TREES ARE PROPOSED FOR REMOVAL. AND THIS THOUGH -- THESE TREES THAT ARE PROTECTED, PROTECTED TREES PROPOSED FOR RIO REMOVAL ARE IN CONFORMANCE WITH THE PLAN.

THE NEXT PART WHEN IT COMES TO TREE REMOVAL AND MITIGATION WOULD BE THE CREDITS THAT ARE GRANTED BY -- BY THE CODE.

SO FIRST OFF THE CREDITS ARE GRANTED FOR SAVING OR -- OR -- OR PRESERVING ANY PROTECTED TREES ABOVE EIGHT INCHES IN DIAMETER AS WELL AS FOR TREE THAT IS ARE PLANTED PER THE DEVELOPMENT CONDITIONS OUTLINED IN THE FORM BASE CODE WHICH ARE THOSE TREES PLANTED ALONG STREETS WITH OPEN SPACES AND ALONG TRAILS. BREAKING THAT DOWN EVEN FURTHER, PROTECT TREES THAT ARE SAVED BETWEEN EIGHT AND 23 INCHES IN DIAMETER RECEIVE A MITIGATION CREDIT OF 2-1. WHO CALIPER INCHES OF CREDIT FOR EACH INCH SAVED. THOSE SAVED PROTECTED TREES HAVING A DIAMETER GREATER THAN 23 INCHES RECEIVE A MITIGATION CREDIT OF 4-1 RATIO AND FOUR CALIPER INCHES.

SO HERE'S THE TABLE THAT WE PUT TOGETHER IN -- IN THE REPORT AND WE'LL WALK THROUGH HERE A BIT MORE IN A BIT MORE DETAIL.

OVERALL -- THANK YOU FOR LETTING ME KNOW I GOT LOST.

I NEED TO REMEMBER TO CHECK THAT. THE NUMBER IS 7,715.

THEN WE BREAK DOWN THE NEXT PART WHICH WOULD BE THE PROTECTED CALIPER INCHES OF THOSE PROTECTED TREES. 2,689.9 OF WHICH 2,566.5 ARE TO BE REMOVED AND REQUIRED TO BE MITIGATED.

NEXT WE MOVE ON TO THOSE CREDIT FOR THE TREES THAT ARE BEING SAVED OR PRESERVED ONCE AFTER THE DEVELOPMENT HAPPENS.

THE CALIPER INCHES OF TREES BETWEEN EIGHT AND 23 INCHES OF WHICH THEY RECEIVED TWO INCH CREDIT FOR EACH INCH SAVED WOULD HAVE 144.4 INCHES OF CREDIT BASED UPON 70.2 INCHES OF PRESERVED CALIPER INCHES TIMES TWO. THE NEXT -- THE NEXT GROUP OF CREDIT WOULD BE FOR THOSE TREES -- PROTECTED TREES THAT ARE GREATER THAN 23 INCHES OF WHICH THERE'S THAT FOUR TO ONE INCH RATIO CREDIT OF WHICH THERE'S A TOTAL OF 218 -- I'M OTHER 212.8 INCHES OF CREDIT. AND SO TOTAL CREDITS FOR THE SAVED TREES IS 353.2 CALIPER INCHES. ALSO, LIKE WE MENTIONED, THERE'S CREDIT FOR THE -- FOR THE STREET TRAIL AND OPEN SPACE TREES THAT ARE PUBLIC OPEN SPACE TREES THAT ARE PLANTED OF WHICH THERE'S 2,127

[00:15:01]

INCHES OF -- OF THOSE TREES WHICH WOULD BE PLANTED ON THE SITE.

THE TOTAL CREDIT ARE 2,480.2. IT BECOMES THE MATH PROBLEM OF GOING BACK UP TO THE NUMBER OF -- OF OF CALIPER INCHES THAT WOULD BE REMOVED OF 2,066.5 AND LEAVING 183.6 CALIPER INCHES TO BE MITIGATED. NEXT SLIDE. AND THEN PER THE FORM BASE CODE, THE REQUIREMENT IS -- IS FOR THE CONTRIBUTION TO THE REFORESTATION FUND WHERE WE USE CALIPER INCHES AND COMING UP WITH 10,500 DOLLARS AND 12 CENTS. NEXT SLIDE.

WRAPPING THIS UP AND GIVING BACKGROUND FOR ANYONE NOT FAMILIAR WITH THE SITE, THAT THE -- THAT THE CODE, AND IT DOES ENCOURAGE THE PRESERVATION OF -- OF TREES WITH NEW DEVELOPMENT.

HOWEVER, DEVELOPMENT DOES NECESSARY TATE REASON A JUDICIOUS REMOVAL OF TREES. AS NOTED BEFORE, THAT WILL BE 142 NEW HOMES ON THIS SITE AS WELL AS THE PUBLIC INFRASTRUCTURE TO HAVE STREETS AND TRAILS THAT ALSO REQUIRE THAT INSTALLATION AND THEN ALSO YOU COULD SEE THE -- THE TOP GRAPHIC LINES ON THE DIAGRAM ON THE RIGHT, AND THERE'S NEARLY A 50-FOOT FALL TOWARD THE LAKESHORE ON THIS SITE. THERE WILL BE SIGNIFICANT AMOUNT OF EARTH WORK REQUIRED FOR THAT WHICH NECESSARY TATS THE REMOVAL OF THOSE TREES.

NEXT SLIDE, PLEASE. ALSO WE MENTIONED THAT I BELIEVE I PREVIEWED THE PRESENTATION THAT THE APPLICANT HAS PUT TOGETHER AND THEY HAVE -- THEY HAVE MUCH BETTER SLIDE IN THERE TO SHOW THAT.

SO OUR RECOMMENDED ACTION WOULD BE APPROVAL OF THIS PERMIT AND AGAIN BASED UPON THE APPROVED DEVELOPMENT PLAN, THE REMOVAL OF THE PROPOSED PROTECTED TREES IS NECESSARY FOR THE CONSTRUCTION OF THE HOME PAD. THE EXISTING SITE TOPOGRAPHY WITH ITS 50-FOOT DIFFERENCE IN GRADE IS A -- IS A PHYSICAL HARDSHIP REQUIRING A SIGNIFICANT AMOUNT OF GRADING AND THEREFORE THERE WOULD BE LIMITED OPPORTUNITIES FOR -- FOR TREE PRESERVATION. AND NEXT SLIDE, PLEASE.

THANK YOU FOR WALKING -- WALKING US THROUGH THIS AND BEING THE DRIVER. WE HAVE ANY QUESTIONS FOR US.

I KNOW THE APPLICANT DOES HAVE A PRESENTATION THAT THEY'RE PREPARED TO -- TO DO OR ALSO TO PROVIDE ADDITIONAL

INFOR INFORMATION. >> ANY QUESTIONS

FOR STAFF. MR. COTE. >> ALEX COULD YOU TELL ME FOR A TREE ON THE STREET TRAIL PUBLIC OPEN SPACE, THAT'S GOING TO BE PLANTED, TO GET CREDIT FOR IT, IS THERE A

MINIMUM SIZE OF THAT TREE. >> THEY'RE BETWEEN THREE AND FIVE INCHES. THREE INCHES IS THE MINIMUM SIZE.

ANY OTHER QUESTIONS FOR STAFF? DO Y'ALL -- DO Y'ALL HAVE QUESTIONS FOR THE APPLICANT. ANYBODY? YOU INTERESTED IN SEEING HIS PRESENTATION OR ARE WE

-- WOULD YOU LIKE TO SEE IT? >> I THINK I PRESENTED -- IF THEY HAVE A PRESENTATION, I LIKE TO SAY IT.

>> ALL RIGHT. IF THE APPLICANT COMES FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. SHOW US YOUR

PRESENTATION, WE APPRECIATE IT. >> THIS IS ASSOCIATES AND 5225 WILLOW STREET DRIVE. I BLIEVE YOU HAVE OUR PRESENTATION, LAURA, CAN YOU PRESENT THAT. TOP SLIDE, QUICK PLEASE. AGAIN IT SAID THIS IS OUR SLIDE.

CLICK. THIS IS THE SIGNALS OF THE SITE AND THIS

[00:20:02]

EXPLAINS THE SPEEDNESS OF THE SITE AND GRADES.

IF YOU NOTICE THAT -- -- IF YOU KNOW THAT ALMOST HALF OF THE SIDE OF 8 PERCENT OR MORE. CLICK PLEASE.

>> THIS IS A -- THIS IS A -- THIS IS REMOVAL OF MANY TREES ON THE PROPERTY. JO THANK YOU VERY MUCH.

QUESTIONS FOR THE APPLICANT? OKA

OKAY. >> WE APPRECIATE THE GRADING.

IF THERE ARE NO MORE QUESTIONS FOR STAFF OR THE APPLICANT, I'M

READY FOR A MOTION. >> THE TREE REMOVALED A SUBMITTED.

>> MOTION ON THE FLOOR TO RECOMMEND APPROVAL.

DO I HAVE A SECOND? >> SECOND FROM MR. SWIFT.

ALL IN FAVOR RAISE YOUR HAND. AGAIN WE HAVE A UNANIMOUS APPROVAL. BEFORE WE ADJOURN, I WANT TO SAY GOOD-BYE TO ONE OF OUR COMMISSIONERS, LAST MEETING, MR. WENTEN AND WE HAVE ENJOYED HAVING YOU WITH US AND WE WISH YOU THE BEST

OF LUCK IN ALL OF YOUR ENDEAVORS. >> I APPRECIATE IT. I APPRECIATE ALL OF THE WORK THAT -- IN WHICH THE -- THE PRIOR THE PRIOR COMMISSIONER AS WELL AS CURRENT COMMISSIONERS AND THE STAFF, APPRECIATE COUNCIL FOR -- FOR -- FOR -- FOR YOU GIVING ME THE OPPORTUNITY. I'VE LISTENED TO EVERYBODY AND DONE WHAT I COULD. AND REALLY ENJOYED IT.

ALL THE CITIZENS SHOULD BE BLESSED. FEEL GOOD ABOUT IT.

THANKS EVERYBODY, GOOD

* This transcript was compiled from uncorrected Closed Captioning.