[1. CALL TO ORDER] [00:00:03] >> GOOD EVENING LADIES AND GENTLEMEN WELCOME TO THE PLANNING AN ZONING COMMISSION OF JULY 13, 2021. CALL THE MEETING TO ORDER. AUTHORIZED BY SECTION 551-071 TEXAS GOVERNMENT CODE THIS MEETING MAY BE CONVENED IN CLOSED EXECUTIVE SESSION FOR THE PURPOSE OF SIGNING LEGAL ADVICE ON ANY AGENDA EYE FELL HERE IN. THE CITY RESERVES THE RIGHT TO RECONVENE RECESS OR RELINE THE SESSION OR CALL EXECUTIVE SESSION OR ORDER OF BUSY IN TIME PRIOR TO ADJOURNMENT. TO PROVIDE COMMENT SEND THEM IN THE DAY OF THE MEETING. PLEASE STATE WHETHER YOUR COMMENT IS REGARDING SPECIFIC AGENDA ITEM FOR COMMENT TO COMMISSION MANY YOUR COMMENT WILL BE READ INTO THE RECORD DURING THE MEETING AND HAVE A 3 MINUTE TIME LIMIT. FOR IN PERSON COMMENTS REGISTRATION FORMS INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. QUORUM HAS BEEN ESTABLISHED FOR TONIGHT'S MEETING. THE FIRST EYE THE ON THE AGENDA ITEM 3, CITIZEN INPUT AT THIS TIME, COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC. NO ACTION CAN BE TAKEN BY THE COMMISSION DURING CITIZEN INPUT. DO WE HAVE ANY? NO? OKAY. THERE ARE NO COMMENTS. SO, WE WILL MOVE TO ITEM NUMBER [4. CONSENT AGENDA] 4, THE CONSENT AGENDA, THE FOLLOWING MAY BE ACTED UPON IN ONE MOTION, PLANNING AN ZONING COMMISSIONER OR A CITIZEN MAY REQUEST ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATIONS. ARE THERE ANY REQUESTS? OKAY. NOW, I'LL READ THE ITEMS FROM THE CONSENT AGENDA. ITEM 4-A CONSIDER APPROVAL OF THE MINUTES FROM JUNE # 2ND, 2021, PNC REGULAR MING ANY CHANGES OR IT ITS ANYONE? ITEM 4-B APPROVAL OF THE GREEN INDUSTRY ADDITION REPLAT REQUEST MADE JOSEPH AGUAYO TEXAS LLC ON BEHALF OF PROPERTY OWNER STEPHEN KIM. 4-C CONSIDERED APPROVAL OF THE MERITVILLE PLAT. ITEM 4-D APPROVAL OF THE MERIT VILLAGE FINAL PLAT REQUEST MADE BY PROPERTY OWNER VENTURE LIMITED, ITEM 4-E CONSIDERING TIME PLAT REQUEST MADE BY PROPERTY OWNER HICKOOX, LLC APPROVAL OF THE CANTERBURY FINAL PLAT REQUEST MADE BY BART READER. COMMISSIONERS I'M READY FOR A MOTION. MR. COTE. >> I'LL MAKE A MOTION TO APPROVED THE CONSENT AGENDA AS READ. >> WE HAVE A MOTION ON THE FLOOR BY MR. COTE FOR APPROVAL OF THE CONSENT AGENDA. SECOND? >> I SECOND IT. >> WE HAVE A SECOND BY MR. ENGEN. ALL IN FAVOR. AND THAT WAS UNANIMOUS. AND WE WILL MOVE TO THE ITEMS FOR INDIVIDUAL CONSIDERATION. PUBLIC HEARING COMMENTS MAY BE MADE IN PERSON AND WILL BE LIMITED TO THREE MINUTES. REGISTRATION FORMS AND INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. ITEM 5-A CONSIDER AND MAKE [5A. Consider and make a recommendation to the City Council on a request by Humberto Johnson, Skorburg Company, on behalf of property owners Lake Shore Village SF, Ltd., for approval of a Tree Removal Permit application on property zoned Planned Development (PD) District for Single-Family Residential (SF-5) Uses. The approximately 21.75-acre site is situated in the William Crabtree Survey, Abstract Number 346, approximately 750 feet southwest of the intersection of Schrade and Dalrock Roads in the City of Rowlett, Dallas County, Texas.] RECOMMENDATION TO THE CITY COUNCIL ON REQUEST BY HUMBERTO JOHNSON [NAME] COMPANY ON BEHALF OF PROPERTY OWNERS LAKESHORE VILLAGE SF LIMITED FOR APPROVAL OF TREE REMOVAL APPLICATION . . . THE APPROXIMATELY 21 ACRE SITE IS SITUATED IN THE WILLIAM CRABTREE SURVEY APPROXIMATELY 750 FEET SOUTHWEST OF . . . IN THE CITY OF ROU LET, DALLAS COUNTY, TEXTE [00:05:05] >> THANK YOU FOR THE INTRODUCTION. THIS ITEM THIS EVENING IS CONSIDERED AND MADE IN RECOMMENDATION ON APPROVAL OF PERMIT FOR THE LAKESHORE SINGLE FAMILY NEIGHBORHOOD SECTION 77504 H-3 C STATES THE REMOVAL OF MORE THAN 3 PROTECTED TREES DOES REQUIRE COUNCIL ACTION UPON A RECOMMENDATION FROM YOURSELVES. SOME BACKGROUND ON THIS PROPERTY, THIS IS ZONED P.D. FOR SF-5 USES. YOU MIGHT HAVE RECALLED ACTING OR RECOMMENDING ON THIS ZONING CASE NOT LONG AGO WILL ALLOW FOR MAXIMUM 99 HOMES SINGLE FAMILY DEVELOPMENT WITH ASSOCIATED OPEN SPACES IN APRIL 2021 A PRELIMINARY PLAT WAS APPROVED BY YOUR RECEIVES IDENTIFYING THE CONFIGURATION AND THE APPLICANT IS REQUESTING A PERMIT TO ALLOW FOR PRELIMINARY GRADING WORK AND SITE WORK. JUST TO GO OVER QUICKLY THE REMOVAL AND MITIGATION OFMY PROTECTED TREE. PROTECTED TREES ARE DEFINED AS ANY TREE WITH A MINIMUM OF 8 INCH CALIBER AND DIE HER HEIGHTS 11 INCHES FOR HACK BERRY. DBH IS MEASURED 4 AND A HALF THE ABOVE GRADE. SITE CONSIDERATIONS FOR YOURSELVES, PROTECT THE TREES FOR PROPOSED REMOVAL ARE DUE TO THE FOLLOWING TO ACCOMMODATE THE 5 INTERNAL STREETS SERVING THOSE 99 SINGLE FAMILY HOMES IN ASSOCIATED OPEN SPACES. GRADING CHANGES ARE GOING TO BE REQUIRED AND THEY'RE NOT CONDUCIVE FOR THE SURVIVAL OF SOME OF THESE EXISTING TREES. ALSO PLEASE KEEP IN MIND THE LOT AND TREE CONFIGURATION SHOWN IN THIS PERMIT IS CONSISTENT WITH THE PRE-ZONING AND PRELIMINARY PLAT. MITIGATION CALCULATIONS FOR YOU, THE APPLICANT WOULD REMOVE WITH THIS PERMIT 183 CALIBER INCHES AND PRESERVE YOU CAN SEE THAT REITERATED IN THAT TABLE FOR YOU. INSTEAD OF PAYMENT INTO THE REFOREST TAKES FUND THE APPLICANT HAS PROVIDED CALIBER INCHES ARE IN EXCESS OF THAT 200 POINT 8 CALIBER INCH DEFICIT. SOME DESIGN CONSIDERATIONS FOR YOU. THE APPLICANT DID ELECT TO DESIGNATE OPEN SPACES ALONG DOLL ROCK ROAD THROUGH THE ZONING PHASE. YOU MIGHT REMEMBER THOSE CONVERSATIONS. THEY'RE LOOKING TO PRESERVE 24 PROTECTED TREES IN OPEN SPACES A FEW OF THOSE BEING SIGNIFICANT ONE OF WHICH IS UPWARDS OF 39 INCHES. 51 REPLACEMENT TREES ARE LOCATED WITHIN HOA MAINTAINED OPEN SPACES INSURING THE PRESERVATION OF THESE IN PERPETUITY BY THE HOA AND NOT INDIVIDUAL PROPERTY OWNERS. THE APPLICANT IS PROPOSING CONSERVATION EASEMENTS ALONG PROPERTY LINES TO HOUSE SOME OF THESE EXISTING TREES AND THAT WILL INSURE THAT EVEN THOUGH THEY'RE ON PRIVATE PROPERTY THE HOA WILL MAINTAIN IN PERPETUITY THEY'LL REMAIN AN EASEMENTS WILL BE DEDICATED AT TIME OF FINAL PLAT. WITH THAT OUR RECOMMENDATION IS APPROVAL OF THE TREE PERMITS DESIGNED TO EXISTING TREE S STANDS . . . CONSISTENT WITH PREVIOUSLY APPROVED PLANNED. THEREFORE, REMOVAL WILL BE REQUIRED PRIOR TO INSTALLATION OF INFRASTRUCTURE. I AM AVAILABLE FOR QUESTIONS. >> ANY QUESTIONS FOR STAFF, COMMISSIONERS? >> CAN I ASK THE APPLICANT. >> PLEASE COME UP AN STATE YOUR NAME AND ADDRESS FOR THE RECORD AND. >> MICHAEL HONEY DETECTIVES CUTT, 6800 RIDGE DRIVE DALLAS. MY QUESTION IS, AND I UNDERSTAND THAT WE HAVE AGREED WITH A LOT [00:10:04] OF TRANSITIONAL CHANGES ALONG DOLL ROCK ROAD WHERE THERE'S A LOT OF THE OLD TREES, AND UNFORTUNATELY YOU'RE GOING TO HAVE TO CUT DOWN SOME OF THOSE OLDER TREES BUT WHEN YOU'RE PUTTING THAT TRAIL IN, WILL SOME OF THE TREES THAT YOU'RE GOING TO BE REPLACING BE ALONG THAT TRAIL? I DIDN'T SEE IT ON THAT MAP THAT SHE JUST SHOWED. >> WE ARE ZIGZAGGING A TRAIL TO KEEP SOME TREES AND SOME OF THE ONES THAT WE ARE PLANNING AN MIDGATING. >> SOME WILL BE PLANTED ON THAT SOUTHERN. >> YES. >> BECAUSE IT DIDN'T SHOW IT ON HERE. >> CORRECT THAT, PLAN SHOWS THE ONESARY MOVED IN KEEPING WITH THE LANDSCAPE PLAN IN THE ZONING. >> I FIGURED IN THE OPEN SPACES IN THE OTHER AREAS WHERE THE HOMES WILL BE BUILT. >> CORRECT. >> AND SOME MORE ON THE NORTH END THERE. OKAY. THAT'S FINE. >> THANK YOU SIR. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. ANY OTHER DISCUSSION? OKAY, I GUESS I'M READY FOR A MOTION. >> COMMENT BEFORE WE MAKE A MOTION. I CAN UNDERSTAND MR. ENGENS CONCERN ABOUT TAKING OUT SOME OF THE TREES IN THE FRONT STAND IN THE FACT, 145, 146, 147 DON'T SEEM TO BE IN ANY -- AND 163 DON'T SEEM TO BE ANY REASON WHY THEY WOULD HAVE TO BE TAKEN OUT. THEY'RE IN THAT GREEN SPACE RIGHT BY THIS SIDEWALK THAT'S CUTTING THROUGH THERE. BUT IF WE WEAVE THE SIDEWALK THROUGH THE TREES THERE DEFINITELY WOULD NOT BE ANY REASON TO TAKE THOSE OUT THAT I CAN SEE BUT YOU GUYS MIGHT HAVE SOMETHING ELSE. AGREE AREAS, VERY NICE TREES. >> ANYWAY, SIR. COMMENT. MR. COTE. >> SO WHAT? >> RESPONSE. YES, SIR. I DO BELIEVE I DON'T WANT TO SPEAK IN REGARD TO THE GRADING OR THE PREPARATION OF THAT FIRST LOT IN TERMS OF THE GRADE DIFFERENTIAL SO I'LL LET HIM SPEAK ON THAT. I WILL SAY AN ALEX CORRECT ME IF I'M WRONG IN TERMS OF CONDITION THAT CERTAIN TREES BE PRESERVED WITH THIS RECOMMENDATION BECAUSE HE'S NODDING POTENTIALLY IT'S ON THE TABLE. >> YES, THOSE TREES WE DEFINITELY DID WANT TO KEEP THEM. I BELIEVE THERE'S SOME KIND OF GRADE CHANGE THERE IF WE ARE FILLING TOO MUCH I CAN'T REMEMBER EXACTLY WHERE THAT RETAINING WALL IS ALONG THOSE LOTS, BUT THERE WAS NOT A WAY TO KEEP THEM DOING THIS PLAN. >> OKAY. >> ANY OTHER QUESTIONS FOR THE APPLICANT? OR STAFF? COMMISSIONERS? ANY OTHER QUESTIONS? DISCUSSION? ALL RIGHT. WE ARE READY FOR A MOTION. >> I'D LIKE TO MOVE FOR APPROVAL OF THE TREE PERMIT. >> WE HAVE A MOTION ON THE FLOOR, TO RECOMMEND APPROVAL TO CITY COUNCIL FOR DO I HAVE A SECOND? >> I'D LIKE A SECOND. >> WE HAVE A SECOND FROM MR. SWIFT. ALL IN FAVOR? AND THAT PASSES UNANIMOUS. WE WILL MOVE ON TO ITEM 5-B, [5B. Conduct a public hearing and make a recommendation to City Council on a request by Beau Durham, on behalf of property owner LCG2R Rowlett Lakeview LLC., regarding a Special Use Permit to allow a restaurant with a drive-through on a portion of property zoned Planned Development (PD) District for Regional Retail (C-2) Uses. The approximately 0.50-acre site is located in a portion of 2205 Lakeview Parkway, being a portion of Lot 4R, Block A of The Home Depot Addition, approximately 230 feet west of the intersection of Gordon Smith Road and Lakeview Parkway, in the City of Rowlett, Dallas County, Texas.] CONDUCT A PUBLIC HEARING AN MAKE A RECOMMENDATION TO CITY COUNCIL ON A REQUEST BY BO DURHAM ON BEHALF OF PROPERTY OWNER LCG 2 H ROWLETT LLC A SPECIAL PERMIT WITH A DRIVE-THRU ON A PORTION OF PROPERTY ZONE PLANNED DEFENDMAN P.D. DISTRICT FOR ORIGINAL RETAIL C-2 USES, THE APPROXIMATELY .50 ACRE SITE IS LOCATED IN A PORTION OF 2205 LAKEVIEW PARKWAY BEING A PORTION OF LOT 4-R BLOCK A OF THE HOME DEPOT ADDITION APPROXIMATELY 230 FEET WEST OF THE INTERSECTION OF GORDON SMITH ROAD AND LAKEVIEW PARKWAY IN CITY OF ROWLETT, DALLAS, COUNTY, TEXAS. MR. ROBERTS. >> THANK YOU MADAME CHAIR. [00:15:13] >> THANK YOU MADAME CHAIR FOR THE INTRODUCTION. THIS ITEM THIS EVENING IS TO DISCUSS A SPECIAL USE PERMIT REQUEST TO ALLOW FOR A RESTAURANT WITH DRIVE-THRU COMPONENT ON PROPERTY THAT IS ZONED PLANNED DEVELOPMENT THERE IS IS ORDINANCE NUMBER WITH UNDERLYING COMMERCIAL USE. BACKGROUND ON THE SITE IT IS DEVELOPED AND CURRENTLY IS DEVELOPED WITH A BANKED UNDER THAT P.D. ORDINANCE THAT WAS ESTABLISHED IN 2003 AND WHICH ALSO INCLUDED A COVERED DRIVE-THRU ATM COMPONENT AND THIS DRIVE-THRU WAS CONSIDERED INCIDENTAL USE TO THE PRIMARY BANK USE AND THEREFORE ALLOWED BY RIGHT AND DID NOT NEED SUP. SHOULD THIS BE APPROVED THAT BANK DRIVE-THRU COMPONENT THAT STRUCTURE WILL BE REMOVED TO ALLOW FOR THE SUBDIVISION OF THIS PROPERTY WITH THIS RESTAURANT USE THAT IS BEING CONSIDERED THIS EVENING. THE REDEVELOPMENT OF THE SIDE WILL REQUIRE SEP AN COMPLIANCE WITH REQUIREMENTS INCLUDING LANDSCAPING LIGHTING SIGNAGE. SITE DATA THE SUBJECT PROPERTY HAS 110 FEET OF FRONT DAMAGE ALONG LAKEVIEW PARKWAY TO THE SOUTH AN DOES COMPRISE ROUGHLY A HALF HAYMAKER OF THE 1.59 ACRE SPOT SO CAN YOU SEE THAT BEING THE SUBJECT SITE THE OVERALL BEING THE COMBINATION OF ORANGE AND RED WITH THAT EXISTING BANK BUILDING IN BLUE. ACCESS OF THE SITE WILL BE FROM A PROPOSED ACCESS TO THE NORTH OF THE PROPERTY YOU'LL SEE IN A BIT WHICH WOULD CONNECT THE HOME DEPOT PROPERTY TO THE WEST THAT MUTUAL ACCESS HAS BEEN SERVING HOME DEPOT TO THE BANK PROPERTY TO THE EAST DIRECT ACCESS ON TO LAKEVIEW PARKWAY IS NOT PROPOSED WITH THIS DEVELOPMENT. LANDSCAPING TREATMENT THAT DOES EXIST TO THE SOUTH AS WELL AS THE HOME DEPOT PROPERTY TO THE NORTH AN WEST. THE PROPOSED SITE CONDITIONS THE PROPOSED CONCEPT PLAN DOES REFLECT THE FOLLOWING A 2,000 CUELLAR FOOT RESTAURANT BUILDING WITH COMPANY 20 PARKING STALLS A SINGLE LANE DRIVE-THRU ESCAPE LANE AS WELL AS DEATH CASE AREA FOR LANDSCAPE BUFFER SOUTH AND NORTH. YOU CAN SEE [UNCLEAR] WHAT I WAS SPEAKING TO PRIOR. THE APPLICANT LAST RECEIVED WRITTEN CONFIRMATION FROM HOME DEPOT THAT THE EXISTING LANDSCAPING MAY REMAIN AN BE CREDITED TOWARD THEIR EXAMS BUILT BUFFER REQUIREMENTS. AT THE TIME OF THE SITE DEVELOPMENT LAND DEFICIENCIES IN THAT BUFFER WILL BE ASSESSED AN REQUIRED TO COME UP INTO COMPLIANCE ON THIS SITE. SEEING AS THE USE IS CHANGING WE SAW FIT TO CONDUCT THE SURROUNDING LAND USE ANALYSIS FOR YOU THE SURROUNDING BUILT ENVIRONMENT IS COMMERCIAL IN NATE WITH YOUR HOME DEPOT BEING TO THE NORTH AN SIMILAR COMMERCIAL ENTITIES BEING ON ALL FOUR SIDES, THE COMPREHENSIVE PLAN DOES DESIGNATE THIS AREA AS RETAIL COMMERCIAL OFFICE SPACE WHICH IS INTENDED TO PROVIDE GOODS AN SERVICES TO THE PUBLIC. IT'S WORTH NOTING THIS DOES FALL IN THAT SCOPE AND YOU CAN SEE ON THE SCREEN WE ARE LOOKING AT HOME DEPOT'S, CONCEPTUAL ELEVATIONS FOR YOU CAN SEE ON THE LEFT A PHOTO OF THE GENERAL LOCATION WHERE THIS BUILDING WILL BE LOCATED. YOU CAN SEE THE OVERHANG OF THAT ATM STRUCTURE POKING IN FROM PHOTO RIGHT AND ON THE RIGHT SIDE OF THE SCREEN YOU CAN SEE A CONCEPTUAL ELEVATION THAT WILL BE REVIEWED FOR ALL SITE DEVELOPMENT PHASE. THIS IS A ZONE ACTION SUP SO WE HAVE MAILED OUR NOTIFICATIONS NOTIFICATION DATE JUNE 25TH, WE HAVE RECEIVED NOTHING IN CONCERN. STAFF DOES RECOMMEND FOR APPROVAL COMMERCIAL OR REGIONAL RETAILS USES. THE PROPOSED SUC WILL ALLOW FOR BETTER UNILATERALLY TAKES OF A VACANT PROPERTY. I'M AVAILABLE FOR QUESTIONS. APPLICANT IS AVAILABLE AND DOES NOT HAVE A PRESENTATION AVAILABLE FOR QUESTIONING. >> THANK YOU MR. ROBERTS. MR. COTE. QUESTION FOR STAFF. >> AND TEXASIESING DRIVE-THRU ATM IS TRUNCATED OR TAKEN BACK. [00:20:06] >>. >> TAKEN BACK TO THE BUILDING. YOU SEE HERE ON SCREEN PROTRUDING TO THE LEFT WILL BE TAKE ENBACK TO THE NUB. >> ANY OTHER QUESTIONS? ANY QUESTIONS FOR THE APPLICANT? OKAY, THANK YOU MR. CONNORS. THIS IS A PUBLIC HEARING SO AT THIS TIME WE WILL OPEN THE PUBLIC HEARING. IF ANYONE HAS ANYTHING THEY WOULD LIKE TO SPEAK AT THE PUBLIC HEARING IF YOU FEEL -- DO YOU HAVE ANY CARDS, SUSAN? SHOW OF HANDS? ANYONE FOR THE PUBLIC HEARING? ANYONE ON THE PHONE? OKAY. AT THIS TIME WE WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS, ANY DISCUSSION? VERY STRAIGHTFORWARD. OKAY, WE ARE READY FOR A MOTION THEN. MR. COTE. >> I MAKE A MOTION TO APPROVE THE PERSONAL USE PERMIT AS SUBMITTED. >> WE HAVE A MOTION FOR MR. COTE TO RECOMMEND APPROVAL TO CITY COUNCIL ON THIS ITEM. DO I HAVE A SECOND? >> I'LL SECOND. >> WE HAVE A SECOND BE M MR. SEGARS. ALL IN FAVORITE PLEASE VOTE. AND AGAIN, WE HAVE A UNANIMOUS * This transcript was compiled from uncorrected Closed Captioning.