[1. CALL TO ORDER]
[00:00:08]
>> GOOD EVENING, LADIES AND GENTLEMEN, IT'S 70:00 7:01 AL CONVENE THE REGULAR SESSION AND AS AUTHORIZED BY SECTION 5510 OF THE TEXAS CODE, WE RECONVENE OF LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA ITEM HEREIN.
AND WE RESERVE THE RIGHT TO RECONVENE, RECESS OR REALIGN THE REGULAR SESSION OR CALL EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT.
PLEASE SEND AN EMAIL BY 3:30 P.M. ON THE DAY OF THE MEETING AND PLEASE SPECIFICALLY STATE WHETHER YOU'RE COMMENT IS REGARDING A SPECIFIC AGENDA ITEM OR COMMENT TO THE COMMISSION AND YOUR COMMENT WILL BE READ INTO THE RECORD DURING THE MEETING AND FOR IN-PERSON COMMENTS, REGISTRATION FORMS, INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR AT THE CITY COUNCIL CHAMBERS.
WE DO HAVE A QUORUM AND WE WILL MOVE TO CITIZENS' INPUT.
[3. CITIZENS’ INPUT]
AND DO WE HAVE -- WHO'S NEXT? WE HAVE NO CITIZENS' INPUT?>> WE DO HAVE CITIZENS' INPUT AND THE CARDS ARE RIGHT THERE.
>> THANK YOU. >> MR. BUDDY FUDDA.
>> HE'S NOT ARRIVED YET. >> SCOTT RAZINSY, IF YOU COULD STATE YOUR NAME AND ADDRESS. THREE MINUTES.
>> I'M AT 3495 STONEWALL. ROAD.
>> I THE MY HOME SITS WITHIN 8S OF STONEWALL BRIDGE AND THIS IS ELEVATED AND ACTS AS A NATURAL DAM AND BACKFILLS WATER ON ANY RAINFALL EVENT AND DEBRIS IN THE CREEK AND AT THE BRIDGE HAS MAJOR EFFECTS ON WATER FLOW AND I'M CURIOUS IF THE BRIDGE HAS BEEN UNINSPECTED OR STUDIED FOR INCREASED WATERFLOWS OR BACK-UP IMPACTS. COTTONWOOD CREEK IN THE IMPACT STUDY IS LISTED AS A LARGE CREEK AND THIS CREEK IS NOT LARGE AND FLOODING CURRENTLY INCURS NAME NUMEROUS TIMES AND THERE ARE NUMEROUS QUESTIONS HIGHLIGHTED. IN SECTION 2.9 OF THE REPORT, IT STATES POST DEVELOPMENT DECREASED WATERFLOW, WATER ELEVATION FROM PRE-PROJECT CONDITIONS AND THIS DOES NOT MAKE ANY SENSE IF YOU TAKE LAND AND SOIL INTO CONCRETE, YOU'LL DECREASE THE WATERFLOW AND I'M CURIOUS HOW THAT WAS DERIVED AND THEN THE HIRING ENGINEERING COMPANY, O'BRIEN STATED SIMILAR CONCERNS IN THEIR REVIEW REPORT, WHICH I BELIEVE IS THE COMPANY YOU GUYS HIRED TO REVIEW THIS REPORT.
THE REPORT STATES TOWNLY, DEVELOPMENT IN A WATERSHED YEAR INCREASES WATERFLOW AND SECTION 1.3 STATES THE STUDY SERVES TO DOCUMENT THERE ARE NO RISE IN WATER SERVICE ELEVATIONS OR PEAK FLOWS ON ADJACENT PROPERTY OWNERS.
WE ARE DOWNSTREAM OWNERS. HAVE WE BEEN INCLUDED? DOWNSTREAM HOME IS WHERE MAJORITY OF THE FLOODING WILL OCCUR AND NOT IN THE DEVELOPMENT AREA.
[00:05:03]
IT SAID ONLY ONE LEFT-HAND TURN LANE WOULD BE NEEDED AFTER PUTTING IN 850 HOMES AND CONSERVATIVE GUESSTIMATION AND THESE ARE ALL TWO-LANE UNDIVIDED ROADS AND I SEE WHAT WILL HAPPEN IS WE'LL GET TRAFFIC JAMS AND YOU'LL TAKE MY PROPERTY TO INCREASE AND WIDEN THE ROAD AND THAT WILL COME NEXT.AND O'BRIEN WAS HIRED BY THE CITY TO REVIEW THE IMPACT STUDIES AND LISTED ARE THEIR QUESTIONS.
DID THE ENGINEER NOT USE THE MOST UP TO DATE MANUALS AND ASKED HOW FEMA SECTIONS WAS USED TO ASKED HOW MODIFICATIONS TO THE PRE-PROJECT MODEL WAS USED IN CREATING THE POST PROJECT MODEL WHEN THEY SAID THAT THE WATER --
>> YOUR TIME IS UP. >> REJINA MARTINEZ.
[4. CONSENT AGENDA]
>> THE CONSENT AGENDA, CONSIDERING APPROVING THE MINUTES FROM OCTOBER 12TH, 2021 AND ARE THERE ANY COMMENTS? SEEING NO COMMENTS, I'LL TAKE A MOTION.
>> I WOULD LIKE TO MAKE A RECOMMENDATION THAT WE APPROVE
[00:10:03]
THE MINUTES. >> DO WE HAVE A MOTION BY
MR. EAGAN? >> WE HAVE A SECOND AND ALL IN FAVOR OR VOTE. AND THAT PASSES UNANIMOUSLY.
NEXT ITEM, ITEMS FOR INDIVIDUAL CONSIDERATION.
[5A. Consider and make a recommendation to the City Council on a request by Sam Lawrence, Narrowpath, LLC., on behalf of property owners Chiesa Miller Development., LLC, for approval of a Tree Removal Permit application on properties zoned Planned Development (PD) District for Single Family (SF-15) District, (SF-7) District, (SF-5) District, Mixed-Use Waterfront (MU-WF) District, and Limited Commercial (C-1) District Uses. The approximately 25.426-acre site is located in the James Hobbs Survey, Abstract Number 571., at the northwest corner of Miller and Chiesa Roads, in the City of Rowlett, Dallas County, Texas.]
AND THAT IS 5A, CONSIDERING TO MAKE A RECOMMENDATION ON A REQUEST BY SAM LAWRENCE, NARROW PATH LLC ON BEHALF OF PROPERTY OWNERS, CHIEF MILLER, LLC FOR APPROVAL OF A TREE PERMIT ON PROPERTY ZONED PD, DISTRICT FOR SINGLE FAMILY SF, DISTRICT, MIXED USE WATERFRONT AND WF, DISTRICT AND LIMITED COMMERCIAL C ONE DISTRICT USES AS THE 25.426-ACRE SITE IN THE JAMES HOBB SURVEY AT THE NORTHWEST CORNER OF MILLER AND CHIEF ROADS IN ROWLETT AND DALLAS COUNTY TEXAS.>> THANK YOU, CHAIRMAN. AS JUST READ, WE'RE HERE TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A TREE REMOVAL PERMIT AND THIS SITE IS APPROXIMATELY JUST OVER 21 ACRES AND LOCATED AT THE NORTHWEST CORNER OF MILLER ROADS AND LAKEFRONT PROPERTY AND PREPARED FOR CONSTRUCTION OF A MIXED USE DEVELOPMENT WHICH DOES CONSIST OF SINGLE FAMILY AND COMMERCIAL USES. AND SOME BACKGROUND FOR YOU FOR THOSE NOT FAMILIAR WITH THIS PROJECT, ZONED PLANNED DEVELOPMENT FOR SINGLE FAMILY AND COMMERCIAL USES AND IN DECEMBER OF LAST YEAR, THE APPLICANT BEFORE US DID APPLY FOR A TREE REMOVAL PERMIT. FOR THOSE ON THE BOARD, IT WAS DENIED DUE TO DISCREPANCIES AND SINCE THEN THE APPLICANT HAS REAPPLIED AND THEY ARE WITH THE ZONING DOCUMENTS AND THEY HAVE BEEN APPROVED AND NOW BACK IN FRONT OF YOU SEEKING A TREE REMOVAL PERMIT, COUNTY WITH CONH ON SITE PLANNING.
THE PRESERVATION OF LONG ESTABLISHED TREES IS ENCOURAGED AND REGULATIONS FOR GOVERNING THE MITIGATION OF PROTECTED TREES AND JUST FOR THOSE THAT DON'T KNOW, PROTECTED TREES ARE DEFINED BUT 77 OF 504 AS ANY TREE WITH DVH MEASURED 4.5 FEET AT GRADE AND 11-INCHES FOR HACK BERRIES AND THOSE NOT ON THE PROHIBITIVE GRANT LIST AND IT'S MEASURED 4.5 FEET ABOVE GRADE.
AND SOME CONSIDERATIONS TO THIS PROJECT, PROTECTED TREE TAZ T ARE REQUESTED TO ACCOMMODATE TWO MIXED USES TO THE SOUTH, AS WELL WELL AS GRADING CHANGES REQUIRED FOR THE INTERNAL ROAD CONFIGURATION THAT WOULD RESULT IN A CONDITION THAT IS NOT CONDUCIVE TO THE SURVIVAL OF TREES AND THE LOT CONFIGURATION ON SCREEN IS CONSISTENT WITH THE PRE-ZONING CONCEPT PLAN, THE PLAT APPROVED BY THE COMMISSION AS WELL AS THE SITE DEVELOPMENT PLAN. AND SECTION 77.501 GIVE AS CREDIT FOR PRESERVING CALIPER INCHES AND EVERY CALIPER INCH PRESERVED IS ONE THAT IS NOT MITIGATED FOR AND THE APPLICANT IS LOOKING TO REMOVE 1,616-INCHES THAT TOTAL 870 CALIPER INCHES AND REPLANT 98 TREES TOTALING 392 QUALIFIABLE CALIPER INCHES. THE RESULT IS 1,054 CALIPER INCHES MITIGATED FOR AND THE APPLICANT IS OPTING TO PAY INTO THE REFORESTATION FUND FOR THOSE 1,054-INCHES AND THE MASTER FEE SCHEDULE SPECIFIES $121.67 FOR EACH INCH.
WHEN WE DO THE MATH, THAT'S JUST NORTH OF $128,000.240.
SO MORE CONSIDERATIONS FOR YOU, SITE GRADING WILL BE REQUIRED TO CONSTRUCT THE DEVELOPMENT THAT IS CONDUE S.U.V. TO THE D THERE'S 25 FEET OF GRADE DIFFERRAL FROM CHEEZA ROAD TO THE WEST THAT DOES REQUIRE SIGNIFICANT INFILL AS WELLS
[00:15:05]
RETAINING WALLS TO THE PROPERTY WALL ALONG THE TALK YEAR EXPECTD EIGHT CANOPY TREES TO SPACES ON AT FOUR-INCH CALIPERS AND THESE TREES ARE IN EXCESS OF THE REQUIREMENTS OF THE RDC AND THE APPLICANT IS USING THEM TOWARDS MITIGATION AS WELL AS TO GO ABOVE AND BEYOND. WITH THAT, STAFF'S RECOMMENDATION IS APPROVAL OF THE TREE APPROVAL PERMITS TO ALLOW FOR THAT TO BE PAID INTO THE REFORESTATION FUND AND WITH THAT, I'M AVAILABLE FOR QUESTIONING AND THE APPLICANT IS AVAILABLE FOR QUESTIONS AND HE HAS NO PRESENTATION THISEVENING. >> MR. CONNOR, I HAVE ONE QUESTION. IF WE CAN GO BACK TO THE FIRST
>> YOU SAY 21.43 ACHE EXPERTS D 25.46 ACRES AND WHICH ONE WAS
>> SLIDE PRESENTATION SAYS 21.4M SAYS 25.426 AND I'M JUST CURIOUS
WHICH ONE IT IS. >> LIKELY THE AGENDA.
>> THANK YOU. >> I'M MAKE SURE THAT IS CHANGED FOR THE COUNCIL MEETING. SORRY ABOUT THAT.
>> AND YOU SAID THAT THE -- I UNDERSTAND THE RESIDENTIAL TREES, AND THE OPEN SPACE TREES, WHICH ONES WERE THOSE?
>> THE APPLICANTS USING 98 TREES AS MITIGATION AND THAT'S 90, STREET TREES AND AN ADDITIONAL EIGHT IN THE OPEN SPACES ON
SITE. >> DID YOU HAVE ANY OF THOSE
LOCATED ON YOUR DRAWING? >> I HAVE THE RESIDENTIAL RIGHTS OF WAY IN THIS PHOTO AND I APOLOGIZE, I DID NOT HIGHLIGHT
THE GREEN FOR THE OPEN SPACE. >> THANK YOU.
>> COMMISSION, MR. EAGAN. >> REFRESH ME HERE, THE TREES THAT ARE ON THE PROPERTY LINE, WHY ARE THOSE BEING TAKEN DOWN.
>> ARE YOU SPEAKING TO THE WEST, THE LEFT.
>> YES, SIR. IS THERE A BIKE TRAIL THAT GOES
THERE. >> YES, SUR, THERE SUR, R AND I BELIEVE YOU CAN SEE WHAT'S ON THE SCREEN AND THE TREES ALONG THE PROPERTY LINE AND THEY ARE MARKED TO BE REMOVED TO ACCOMMODATE A RETAINING WALL DUE TO THE GRADE DIFFERRAL AND THE D IT'S NOT CONDUE S.U.V. CS SURVIVING.
>> MY ONLY THOUGHT BEING A KAYAKER THAT HAVING THAT LINE RIGHT THERE KIND OF BREAKS AND N KEEPING THE NATURAL HABITAT ALONG THE LAKE AND KEEPING MORE TREES RATHER THAN TREES TAKEN DOWN AND THAT IS WHAT I WAS CONCERNED ABOUT BECAUSE, YOU KNOW, AT PADDLE POINT THERE AND KAYAKING IN THAT YEAR, AND WE'RE RANKED AS ONE OF THE TOP 20 KAYAK TRAILS AND KEEPING THAT NATURAL PRESERVATION LOOK AND SEPARATING NATURE FROM CUTTING TREES DOWN TO JUST LOOKING AT HOMES THERE AND THAT'S WHERE I
WAS TRYING TO SEE. >> PERHAPS I COULD OFFER, THERE IS QUITE A BIT OF CANOPY COVERAGE IN THE TAKE YEAR THAT IS NOT ELIGIBLE TO BE REMOVED AS A PART OF THIS AND TECHNICALLY, IT'S OFF-SITE AND WHAT YOU CAN SEE GRAPHICALLY ON SCREEN ARE THOSE CIRCLES AND DOTS WITHIN THE ACTUAL TAKE YEAR THAT WOULD BE IN EFFECT IN BETWEEN LAKE AND KAYAKING, AS WELL AS A
SINGLE-FAMILY HOMES. >> THAT'S WHAT I WANT TO MAKE
CERTAIN. >> IT WILL TAKE YEARS FOR TREES TO GROW BUT THEY'RE GOOD SIZED TREES.
I WANTED TO EXPRESS MY VIEWPOINT, TRYING TO KEEP AS MUCH NATURAL NATURE IN THAT YEAR.
AND JUST HATE TO SEE LOSING A LOT OF TREES FOR DEVELOPERS, BUT MAKING CERTAIN THAT WE'RE PRESERVING THE TREES.
>> ANY QUESTIONS? >> MR. PRINCIPE.
>> I'M HAVING TO PLAY TAG BETWEEN THE TWO DIFFERENT MICS.
SO THIS QUESTION IS FOR STAFF. AND SO, AS WE WERE INFORMED IN OUR WORKSHOP, ANY TIME THERE'S MORE THAN THREE PROTECTED TREES,
[00:20:06]
THEN THIS PETITION HAS TO GO NOT OWN THROUGH ONLY THROUGH PLANNING AND ZONING BUT CITY COUNCIL.>> CORRECT.ECT. >> THAT'S CORRECT.
>> I'M NOT AS FAMILIAR WITH THE CODE IN TERMS OF WHICH SPECIES ARE PROTECTED AND WHICH SPECIES ARE EXEMPTED, COULD YOU GIVE ME A DEFINITION OR AT LEAST AN OVERVIEW, PLEASE.
>> SO, YES, PERHAPS, IT'S EASIER THE ONES THAT ARE PROHIBITED.
IT IS A LIST OF FIVE OR SIX UNDESIRABLE TREES.
>> EXEMPTED? >> CORRECT, YES, SIR, NOT ELIGIBLE TO BE PROTECTED, REGARDLESS OF CALIPER SIZE.
>> YOUR CEDARS OR HACK BERRIES, COTTON WATTS.
WOODS. >> THE PROHIBITED TREES WOULD BE THE BODARK TREE IS AN EXAMPLE AND A BLACK LOCUST AND I WOULD HAVE TO REFERENCE IT TO GIVE YOU THE EXACT TREE SPECIES AND WE
HAVE CHECKED WITHIN THIS LIST. >> THAT'S KIND OF WHERE I WAS GOING, OUT OF THESE TREES, HOW MANY WERE TRUE VALUABLE TREES, YOU KNOW, LIKE RED OAKS OR, YOU KNOW, LIVE OAKS OR SOMETHING?
>> I HAVE A SLIDE THAT I DIDN'TT PRESENT BUT IT'S HERE IN CASE THE QUESTION COMES UP. HEAR LOOKING TO THE PROTF SIGNIFICANT SIZE, SUCH AS THE ONES YOU'RE EXPLAINING AND EVERYTHING NOT ON THE PROHIBITED LIST THAT IS ABOVE A CALIPER LIST AND THERE'S A VARIETY OF VARIOUS SPECIES AND IT'S NOT A RATIO WE DIDN'T REQUIRE. AND THOSE WOULD BE -- THOSE THAT ARE NOT ON THE PROHIBITED LIST AND BIG ENOUGH OVER EIGHT INCHES
AND DBH. >> WE FOUND THE PROHIBITED PLANT MATERIAL LIST AND LET ME READ OFF --
>> BEAR WITH ME HEAR, SILVER MAPLE, BOX ELDER,MY , MA MOWSAK BERRY, THORNY OLIVE, EUROPEAN CHINESE PRIVOT, CHINA BERRY, WHITE MULBERRY, AMERICAN MULBERRY.
>> CAN YOU PROVIDE THE REFERENCE?
>> OUR CODE OF ORDINANCE AND NOT THE LANDSCAPING.
>> ON SITE MITIGATION TREES. >> I WOULD LIKE TO GET A LITTLE MORE EDUCATION ON WHAT ARE THE SPECIES THAT WE AS A CITY CURRENTLY APPROVE MORE PLANTING AND THE REASON I AM ASKING IS BECAUSE I KNOW -- MY HANDS ARE TIED TO A CERTAIN POINT AND CERTAIN DEVELOPERS WOULD PREFER TO PUT IN -- YOU MENTIONED THE SILVER LEAF MAPLE AND YOU THINKED THE BRADFORD PEAR AND OTHER TREES THAT ARE CHEAP TO INSTALL AND IN 20 TO 30 YEARS, THE LIMBS ARE ROTTING AND FALLING ON ROOFS AND I'M JUST CURIOUS TO KNOW IF WE AS A CITY HAVE A LIST OF LANDSCAPING TREES
THAT ARE NOT DESIRABLE. >> YES, AS THE CODE IS WRITTEN CAUGHTLY, TREES ELIGIBLE TO BE COUNTED TOWARDS REPLACEMENT EDUCATION ARE ON THE APPROVED PLANT LIST AND THAT'S SECTION.
77504 AND ANY PLANTED AT FOUR INCHES IN CALIPER IS ELIGIBLE TO
[00:25:05]
BE USED TOWARDS MITIGATION AND THAT'S AS WELL AS THE DEVELOPMENT PLAN AND CONFIRMED THAT THE SPECIES THAT THE APPLICANT IS SEEKING TO PLANT NOT ONLY FOR THE REPLACEMENT TREES BUT THROUGHOUT THE SITE ASSUMING THAT THEY'RE COUNTING THE REIMBURSEMENTS ON THAT APPROVED LIST AND REPLACEMENT LIST WITH ANYTHING FROM LIVE OAK TO CEDAR ELM AND RED MAPLE IS USED IN THE RIGHT-OF-WAY HERE SPECIFICALLY AND, OF COURSE, COME TIME OF REVIEW, ON SITE REVIEW AFTER INSTALLATION, WE WILL BE MEASURING FOR FOUR INCHES FOR COMPLIANCE.>> AND I'M GLAD YOU BROUGHT THAT UP, BECAUSE THAT WAS MY FOLLOW-UP QUESTION, THE CALIPER INCHES SHOULD BE DEFINED BY YOUR DEVELOPMENT CODE AS CHEST HEIGHT OR IS THAT AT SO MANY INCHES
ABOVE ROOT? >> DPH, SURVEY, FOUR AND AND F UP AND COME WATCH ME WALK AROUND AND MEASURE THE DIAMETER.
BUT WE MEASURE FOR THE THREE AND FOUR INCHES ABOVE GRADE.
>> IF THERE'S -- I APOLOGIZE. THERE'S ABOVE THE ROOT LINE,M JUST CURIOUS, I'M LEARNING AS I GO.
>> 12-INCHES ABOVE GRADE IS WHAT WE MEASUR THE REPLANTING AND THREE INCHES FOR A REQUIRED TREE AND FOUR INCHES IF IT'S USEDS A REPLACEMENT TREE AND WE'LL BE OUT THERE REVIEWING FOR THAT COMPLIANCE AND TYPICALLY WHEN PLANNING GOES OUT, THAT'S CONTINGENT UPON THE CEO, I WOULD MEASURE THAT PRIOR TO ALLOWING OCCUPANCY, SO THERE'S QUITE THE LEVERAGE FOR COMPLIANCE.
>> ANY OTHER QUESTIONS FROM THE COMMISSIONER FOR STAFF? AND DID YOU SAY THE APPLICANT HAD A PRESENTATION?
>> NO PRESENTATION, JUST ANY QUESTIONS.
>> OK. DISCUSSION? THEN I'M OPEN FOR A MOTION. PLEASE.
>> I'LL MAKE A MOTION TO RECOMMEND APPROVAL OF THE AUTO M
ON THE AGENDA. >> WE HAVE A MOTION ON THE FLOOR
FOR APPROVAL. >> I'LL SECOND IT.
>> SECONDED AND ALL, PLEASE VOTE.
AND THAT PASSES UNANIMOUSLY AND THANK YOU
* This transcript was compiled from uncorrected Closed Captioning.