[6D. Conduct a public hearing and make a recommendation to City Council on a request by Bill Thomas, Engineering Concepts and Design, on behalf of property owner Merritt Villas LLC., regarding a Special Use Permit to allow for multi-family dwellings on properties zoned Form-Based Urban Neighborhood (FB-UN) District. The approximately 7.043-acre site is located at 9850 Merritt Road, being Lot 1 Block A of the Hughes Addition, City of Rowlett, Dallas County, Texas.]

MOVING TO THE ITEMS FOR INDIVIDUAL CONSIDERATION, ITEM 6 ON THE AGENDA AND IN OUR WORK SESSION IT WAS DECIDED THAT WE ARE GOING TO REVERSE ORDER THESE SO WE WILL BEGIN WITH ITEM 6D, CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO CITY COUNCIL ON A REQUEST TO BUY BILL THOMAS, ENGINEERING CONCEPTS AN DESIGN ON BEHALF OF PROPERTY OWNER HER [READING].

>> YES, SIR. >> THANK YOU SO MUCH FOR YOUR TIME. I'M HERE TO PRESENT [NAME] SPECIAL USE PERMIT ASKING TO ALLOW FOR MULTI-FAMILY UNITS, IF YOU'RE FAMILIAR WITH THE AREA SHOWN ON SCREEN, THIS IS TOWARDS THE NORTH PART OF NORTH SHORE NEAR THE HARMONY HILL DEVELOPMENT. SPECIAL USE PERMIT IS A ZONING ACTION THAT . . . ON THE COMMUNITY AT LARGE.

AS OF NOVEMBER 6, 2012, THE FORM BASED CODE WAS ADOPTED.

SHORTLY AFTER -- WELL, WITH THAT IT WAS INTRODUCED THE FORM BASED NEIGHBORHOOD WAS INTRODUCED PROVIDING MIXED USE AND INTENSE COMMERCIAL DEVELOPMENTS. APRIL 15 OF 2014 THIS WAS FOLLOWED UP WITH THE NORTH SHORE NORTH FRAMEWORK PLAN WHICH THEN INSTITUTED A REGULATING PLAN AND SOME ADDITIONAL DESIGN CRITERIA, THINGS LIKE BUILDING HEIGHTS, AND SO ON.

ON NOVEMBER 5TH OF 2020, THE CITY COUNCIL APPROVED THE ORDINANCE TO REVIEW ALL MULTI-FAMILY PROJECTS FORM-BASED CODE. THE APPLICANT IS PROPOSING A BUILDINGS BEING THREE STORIES ALL BEING THREE STORIES OF WHICH THREE OF THOSE BUILDINGS ARE STRICTLY MULTI-FAMILY AND TWO MIXED USE PROVIDING 102 MILLIONTY FAMILY UNITS TLOEFT

[00:15:06]

AND EDGE OF THE PROPERTY OR SOUTHEAST. AND CONSISTENTLY FALLS TOWARDS THE WEST WHERE THE POND AND THE GROVE ARE SHOWN.

HOPE DRIVE AS SHOWN ON THE GRAPHIC AS WELL WOULD EXTEND FROM HARMONY HILL ALLOWING FOR DIRECT ACCESS INTO THE SUBDIVISION WITHIN CITY LIMITS. SOME SURROUNDING LAND USE ANALYSIS. AS YOU CAN SEE MOST OF ITS VASTLY UNDEVELOPED IN THE AREA WITH THE EXCEPTION OF HARMONY HILL TO THE NORTHEAST. AND I JUST WANT TO POINT THAT TO THE SOUTHEAST OR TO THE PROPERTY LARGE PROPERTY TO THE EAST THERE IS AN APPROVED DEVELOPMENT PLAN FOR VISTA IN ORDER SHORE ADMINISTRATIVELY APPROVED AUGUST 20TH, THAT DOES PROVIDE 289 UNITS OF MULTI-FAMILY DEVELOPMENT.

JUST IN CASE YOU HAVE QUESTIONS ABOUT THAT, I'M HAPPY TO DISCUSS THAT AT SOME OTHER TIME. BUT THERE ARE TWO BLOCKS OF MULTI-FAMILY THAT WILL BE A B BUT -- ABUTTING TO THE EAST THERE. GROUND FLOOR RETAIL IS LARGELY FACING MERIT ROAD AN HOPE DRIVE AN THAT'S SHOWN ON THE GRAPHIC IN PINK. THE 102 MILLIONTY FAMILY UNITS ARE DISTRIBUTED IN 28 UNITS ON THE TWO PINK BUILDINGS AND 74 UNITS ON TOP OR THROUGHOUT THE YELLOW BUILDINGS.

THE MIX WOULD BE OF 28 ONE BEDROOM UNITS AND 74 TWO-BEDROOM UNITS. THE LARGE POND TO THE WEST OF THE SITE ALONG WITH THE PEDESTRIAN CORRIDOR LINKING HOPE DRIVE TO THE POND RESULTS IN APPROXIMATELY 38 PERCENT OF OPEN SPACE AND IS IN EXCESS OF THE REQUIRED 14 PERCENT SO JUST FOR CLARITY SAKE WE SPOKE ABOUT HOPE CONNECTING MERIT ROAD TO THE DEVELOPMENT TO THE IN ORDER. AS YOU CAN SEE IN THE GRAPHIC THERE IS A GREEN CORRIDOR OF SORTS KINDS OF CENTERED RIGHT THAT DOES CONNECT THE RIGHT OF WAY ALONG FOR A PUBLIC CONNECTION TO THAT POND AND WHAT IS ESSENTIALLY THE NEXT PART OR A PART OF THE REGIONAL TRAIL NETWORK THAT IS BEING ESTABLISHED FOR THE NORTH SHORE. IF YOU'RE FAMILIAR WITH MERIT ROAD THERE'S ALREADY A TRAIL THAT RUNS THE NORTH SIDE OF MERIT ROAD. THIS WOULD CONNECT TO THAT AND SOME FUTURE IMPROVEMENTS. AS PART OF THIS WE ARE INTRODUCING SOME COMMERCIAL SERVICES, NEIGHBORHOOD SERVICES IN THOSE PINK BUILDINGS AND WE WOULD BE ESTABLISHING NEW CONNECTION POINTS TO HARMONY HILL AND ADJOINING DEVELOPMENTS.

N YOUR GRAPHIC THERE TOWARD THE BOTTOM OF THE PAGE YOU'LL SEE AT LEAST TWO FEATURES THAT CORRESPOND WITH THAT FUTURE DEVELOPMENT THAT HAS BEEN APPROVED.

PARKING RATIOS, THEY HAVE PER THEIR UNIT COUNTS AND BEDROOM TYPES, THEY HAVE A REQUIREMENT FOR 229 SPACES WHICH THE PLAN TO THE RIGHT DOES REFLECT. THIS DEVELOPMENT WILL CONSIST MOSTLY OF SURFACE PARKING. OR RATHER COMPLETELY OF SURFACE PARKING WHICH IS PRIMARILY INTERNAL TO THE SITE AS IS REQUIRED BY THE FORM-BASED CODE BUT DOES ALLOW FOR ON-STREET PARKING ALONG HOPE STREET, WHICH IS ALSO ENCOURAGED AND IN THE FORM-BASED CODE, ALSO CONTINUING THE PAT THAERN IS ESTABLISHED BY HARMONY HILL TO ITS NORTH. A LITTLE BIT OF ELEVATION, THESE BUILDINGS WILL GENERAL BY BE COMPOSED OF COMBINATION OF STONE AND PAINTED STUCCO. CAN YOU SEE THE ELEVATIONS WITH SOME LALUMINUM COMPONENTS THAT WOULD BE GRAPHICALLY SHOWN ON THE BOTTOM IMAGE WHICH IS WEATHER MIXED USE ARCHITECTURE IS SHOWN. BUILDING AND ON SIDE SIGNAGE WILL BE REQUIRED AS PART OF A SEPARATE APPROVAL AND BUILDING

[00:20:02]

PERMIT AND THAT WILL BE MAYBE JUST NOT PART OF THIS APPLICATION IT WILL BE REVIEWED AT A DIFFERENT TIME.

THE COMPREHENSIVE PLAN THE FUTURE LAND IT'S PLAN DOES SHOW THIS AREA AS BEING UNDER THE MULTI-FAMILY DESIGNATION.

THAT SAID, IT IS CURRENTLY ZONED URBAN NEIGHBORHOOD AS WE SPOKE, WHICH IS THE REZONING THAT OCCURRED IN 2012 AND 2014 REINFORCED FRAMEWORK PLAN. THE URBAN NEIGHBORHOOD ZONING DISTRICT DOES INTEND TO CREATE DEVELOPMENTS HAVING UNIQUE CHARACTER THAT CLEARLY PRIORITIZE PEDESTRIAN ACCESSABILITY AND DIVERSE IF I CASE AN MIXTURE OF COMMERCIAL AN RESIDENTIAL USES. THE DESIGNATION HAS A WIDE RANGE OF BUILDING TYPES SUCH AS SHOP FRONT MIXED USE BUILDING TOWN HOMES COTTAGE HOMES AND WILL HAVE WORK UNITS OCCUPYING INTERIOR LOTS. THOSE THOSE ARE THE VISION AND CONJUNCTION FORM-BASED CODE FOR BUILDINGS AS WELL AS A MIXTURE OF ZERO LOT LINE TYPE SINGLE FAMILY UNITS.

YOU CAN SEE THE 2014 COMPREHENSIVE PLANNING AMENDMENT ON THE LEFT SIDE THAT SHOWS GRAPHICALLY WHAT THE VISION IS.

THIS IS TO BE USED AS A GUIDING TOOL BUT IT SHOWS THE MIXTURE OF USES AND HOW THIS AREA COULD POTENTIALLY DEVELOP.

THOSE UNITS IN YELLOW DO SHOW WHAT SHOULD OR AT LEAST COULD BE THOSE ZERO LOT LINE SINGLE FAMILY CONDITIONS THINGS LIKE TOWN HOMES COTTAGE UNITS AN THINGS OF THAT SORT.

ON THE RIGHT YOU'LL SEE A COMPARISON OF WHAT IS BEING PROPOSED. NOTIFICATIONS WERE SENT BOTH AT 200 AND A HUNDRED FOOT RADIUS FROM THE PROPERTY, BOTH AND WE ONLY RECEIVED ONE LETTER IN OPPOSITION, WHICH IS INCLUDED IN YOUR PACKET. STAFF RECOMMENDATION IS DENIAL OF THE PERMIT FOR MULTI-FAMILY USE UNITS BECAUSE THE PROPOSED DEVELOPMENT DOES NOT MEET THE INTENT OF THE DISTRICT PROVIDING DIFFERENCE IF I CASE OF OUSTING UNITHAT IT IS THE USES ARE LARGELY CONSISTENT WITH THE BUILDING TYPES . . . IT IS ALSO THE INTENT FOR PROPERTIES . . . TO PROVIDE DIVERSITY OF HOUSING OPTIONS. WITH THE INCLUSION OF MULTI-FAMILY BUILDING TYPES THAT ARE FOUND ON THE ABUTTING PROPERTY . . . THAT ARE ENVISION BUILD THE FORM-BASED C CODE.

I'M AVAILABLE FOR QUESTIONS AN APPLICANT DOES NOT HAVE A PRESENTATION BUT IS AGE TO SPEAK AND AND ABLE TO REPRESENT ON

BEHALF OF HIS CASE. >> THANK YOU SO MUCH.

ANY QUESTIONS FOR STAFF. >> COULD YOU DEFINE FORM-BASED

URBAN NEIGHBORHOOD? >> YES.

RIGHT. SO IF YOU LOOK AT THE ACTUAL DEFINITION IN THE FORM-BASED CODE, AND THIS OBVIOUSLY IS MORE OF A SUMMARY ON THE SCREEN, BUT IT IS A TRANSITION AREA BETWEEN THE URBAN VILLAGE DISTRICT, WHICH IS THE DOWNTOWN THINGS LIKE A VERY, MUCH MORE DENSE COMMERCIAL RESIDENTIAL DISTRICT AND THAT TRANSITION IS FROM THE URBAN VILLAGE DISTRICT TO THE NEW NEIGHBORHOOD DISTRICT OR RURAL RESIDENTIAL AREAS SO WHAT IT DOES IS IT DOES STIPULATE SMALLER BUILDING HEIGHTS.

IT STIPULATES AS YOU READ HERE, KIND OF SMALLER BUILDING TYPES IN GENERAL, TYPICALLY ADDRESSING CORNERS AS COMMERCIAL AND KIND OF HAVING IN FILL DEVELOPMENT BEING MORE RESIDENTIAL AS OPPOSED TO URBAN VILLAGE THAT SIMPLY WANTS TO HAVE GROUND LEVEL COMMERCIAL FOR MOST OF AND ALLOWING FOR MIXTURE OF OFFICE AN RESIDENTIAL USES ON UPPER LEVELS.

>> ANY OTHER QUESTIONS FOR STAFF.

[00:25:02]

THANK YOU. IF THE APPLICANT WANTS TO COME UP OR THE REPRESENTATIVE, PLEASE STATE YOUR NAME AND ADDRESS FOR

THE RECORD. >> GOOD EVENING.

BILL THOMAS, ENGINEERING CONCEPTS AND DESIGN, AND WE ARE LOCATED AT 201 [INAUDIBLE] CIRCLE IN WILY.

I'M REPRESENTING THE OWNER HERE WITH THERE CASE.

WE STARTED THIS IN EARLY 2020, IN JANUARY OF 2020 MY CLIENT CAME IN AND HE HAD UNDER CONTRACT THIS PIECE OF PROPERTY.

HE SPOKE WITH STAFF AND STAFF WAS LARGELY RESPONSIVE OF ALL OF HIS IDEAS. WE MOVED THROUGH SEVERAL ITERATIONS OF SITE PLAN TO TRY TO INCORPORATE THE ELEMENTS THAT WERE ASKED FOR IN THE URBAN NEIGHBORHOOD UNDER THE URBAN NEIGHBORHOOD GUIDELINES, AND WITHOUT QUESTION, THIS TYPE OF DEVELOPMENT IS AN ALLOWED USE IN URBAN NEIGHBORHOOD.

WE WORKED THROUGH SEVERAL ITERATIONS OF THE SITE PLAN, AND THEN BEFORE WE ACTUALLY SUBMITTED FORMALLY WITH THE DEVELOPMENT PLAN, THIS S.U.P. ORDINANCE WAS PASSED.

SO NOW WE ARE HERE BEFORE YOU ALMOST TWO YEARS LATER TRYING TO GET THIS FINALIZED AND IT HAS BEEN THEIR VISION AND WE WORK WITH STAFF TO DEVELOP THIS AS IT COMES TO YOU INCORPORATING BOTH COMMERCIAL AND RESIDENTIAL USES. ALTHOUGH IT'S NOT TOWNHOME OR COTTAGE TYPE DEVELOPMENT, IT IS A MIXED USE DEVELOPMENT CERTAINLY WITH PROVIDING FOR COMMERCIAL USES ON THE CORNERS AS STIPULATED IN THE URBAN NEIGHBORHOOD.

WHAT THIS DEVELOPMENT DOES PROVIDE IS INTERCONNECT ACTIVITY BETWEEN HARMONY HILL AN MERIT ROAD.

THIS DEVELOPER IS INCURRING ALL OF THE CONSTRUCTION OF HOPE DRIVE ON HIS PROPERTY, AND WITH THE AMOUNT OF OPEN SPACE BY THE POND AND DRAINAGE WAY THAT'S ALONG THE NORTH I GUESS IT IS PROPERTY LINE, IT'S PRETTY ISOLATED AND THERE'S NOT A LOT OF DEVELOPABLE LAND IN THE 7 ACRES.

INDEED, EIGHT PRETTY SMALL PORTION OF THE ENTIRE DISTRICT.

RIGHT NOW IT'S IN BETWEEN AN EXISTING ALMOST ENTIRELY MULTI-FAMILY DEVELOPMENT, AND A PROPOSED DEVELOPMENT.

AND WE APPRECIATE THE URBAN NEIGHBORHOOD GUIDELINES AND THE VISION AND INTENT OF URBAN NEIGHBORHOOD, BUT THIS SEEMS LIKE A VERY SMALL PIECE OF PROPERTY TO TRY TO INCORPORATE DIVERSIFICATION AND TRANSITIONAL TYPE USE.

I WOULD WONDER IF IT'S A TRANSITIONAL TYPE DISTRICT WHAT WE ARE ACTUALLY TRANSITIONING BETWEEN.

WE HAVE COMMERCIAL ON MERIT ROAD AND OTHER MORE COMMERCIAL PLANNED ON THE FRONT DAMAGE OF MERIT ROAD, AS YOU GO TO THERE'S A VACANT PIECE THAT WAS PART OF THE VISTAS AND IS AN OUTPARCEL TO THE VISTAS NORTH. WE DON'T SEE, SHARE THE VISION OF TOWNHOME OR COTTAGE TYPE USES AS A TRANSITIONAL USE IN THIS CASE. WE DO PROVIDE 38 PERCENT OF OPEN SPACE ON THIS PROJECT, WHICH IS FAR AND ABOVE WHAT WOULD BE REQUIRED. GRANTED PART OF IT IS BECAUSE THERE'S A LARGE POND ON THIS. IT'S A RELATIVELY SMALL AMOUNT OF DEVELOPED LAND AND RELATIVELY SMALL NUMBER OF UNITS, 100 UNITS VS. OVER 1,000 UNITHAT IT IS ARE PLANNED IN THE DISTRICT.

WE JUST WOULD HOPE THAT THIS COULD BE CONSIDERED AND WE UNDERSTAND THAT STAFF WAS PROBABLY FORCED, NOT FORCED BUT

[00:30:02]

LEFT WITH NO OPTION TO RECOMMEND FOR DENIAL BECAUSE OF THE BUILDING TYPE ELEMENT AND WE WOULD HOPE WE COULD CONSIDER THIS AS A VALUABLE AND PROPER USE FOR THIS PROPERTY.

I'LL ANSWER ANY QUESTIONS THAT ANYBODY MAY HAVE.

>> DOES ANYONE HAVE A QUESTION FOR THE APPLICANT'S REPRESENTATIVE ON THIS ITEM? ANYONE? THANK YOU SO MUCH. WELL THIS IS A PUBLIC HEARING AND AT THIS TIME, I WILL OPEN THE PUBLIC HEARING.

DO WE HAVE ANY SPEAKERS THAT WANTED TO SPEAK ON THIS ITEM? I BELIEVE THE CARD I HAVE ARE FOR ANOTHER ITEM.

YES. ANYONE? OKAY, SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

DISCUSSION, COMMISSIONERS. >> IT'S TOUGH FOR ME, BECAUSE NORTH SHORE IS KIND OF DIVISION ROWLETT I DON'T WANT, BUT THE COMMERCIAL ELEMENT IS SO ENTICING, I'M HAVING A HARD TIME WITH THE ART IDEA BUT BECAUSE IT'S NORTH SHORE, THAT IS KIND

OF THE VISION WE'RE LOOKING AT. >> IT IS.

ANY OTHER COMMENTS? >> ADD ONE MORE THING.

I DON'T KNOW WHAT, HOW MANY TOWN HOMES COULD FIT ON THIS LAND IF YOU INCLUDE THE MIXED USE THAT THE CITY WOULD LIKE WITH THE PONDS, THE PIPING, THE OFFICE SPACE.

>> MR. COTE, DO YOU HAVE A COMMENT?

>> FOR THE CITY, COULD YOU EXPRESS TO ME AGAIN THE REASON WHY YOU DISAPPROVE THIS? BECAUSE AGAIN, I'M KIND OF IN THE SAME NEIGHBORHOOD AS MY OTHER COMMISSIONERS OR OTHER COMMISSIONERS WITH ME IN THAT THIS APPEARS TO BE ABOUT WHAT WE

WANT TO LOOK FOR FOR THAT AREA. >> YEAH, AND LARGELY IS.

YOU KNOW THE APPLICANT STATED THAT WE WORKED THROUGH THE SITE DESIGN AND OBVIOUSLY WE MET MOST OF THE CRITERIA THAT IS INCORPORATED WITH THE GREEN CORRIDOR, THE INCORPORATION OF THAT COMMERCIAL CORNER THAT SAID YOU KNOW THE INTENT OF THE URBAN NEIGHBORHOOD DISTRICT AS STIPULATED IN THE FORM-BASED CODE DOES GO FURTHER REQUIRING OR AT LEAST ASKING FOR A DIVERSITY OF HOUSING OPTIONS. THAT SAID, YOU KNOW THERE'S ALREADY A DEVELOPED AND PLANNED ARTICULATION FOR APARTMENT UNITS SIMILAR TO WHAT IS BEING PROPOSE EVIDENCE HERE, SO THIS BECOMES NOT JUST AN OPPORTUNITY BUT HAVING THE POND AND BEING THE DIRECT ACCESS FOR PEDESTRIAN FLOW THROUGH THAT AREA, YOU KNOW, AN OPPORTUNITY TO EXPRESS THOSE OPTIONS.

AGAIN, IT IS YOUR PREROGATIVE TO ACCEPT OR NOT THE PLANS, THE BUILDING TYPES OR RATHER BUILDING TYPES THAT ARE APPROVED WITHIN THIS DISTRICT BUT IT INCLUDES OTHER BUILDING TYPES THAT THAT IN OUR OPINION AND THE OPINION OF THE CODE SHOULD BE

INCLUDED. >> THANK YOU.

>> COMMISSIONERS. ANY COMMENTS?

MR. ENGEN. >> YES, THIS IS A KIND OF A DIFFICULT SITUATION AND I'M CERTAIN THE STAFF HAD HAD TALKED TO YOU IN THE BEGINNING AS TO THE DIVERSITY OF BUILDINGS THAT WE WANT IN THIS AREA. YOU KNOW, I DO APPRECIATE THE OPEN SPACE THAT YOU'VE INCORPORATED INTO THIS PROPERTY AND IT IS A LONG THIN PIECE OF PROPERTY TO GET A NUMBER OF BUILDINGS INTO THAT AREA BUT I THINK IN THE OVERALL PICTURE OF EVERYTHING THAT WE ARE LOOKING AT WITHIN OUR COMMUNITY IS TO STAY WITHIN THAT FORM-BASED CODE AND ADD MORE DIVERSITY INTO THE DIFFERENT TYPES OF BUILDINGS IN THAT AREA.

SO THAT WAY, IT DOES COMPLY WITH THE OTHER PIECES OF PROPERTY

[00:35:02]

THAT ARE COMING IN. I HEAR THE OTHER SIDE TOO IS BECAUSE WE DO HAVE A LOT OF APARTMENTS JUST OFF TO THE NORTHEAST OF THAT AREA AND OF COURSE THAT, WOULD FIT RIGHT IN WITH THAT AREA AND OF COURSE THE OTHER MAIN FEATURE IS THAT YOU HAVE BROUGHT IN NEW RETAIL AREA WHICH IS ALONG THE MERIT ROAD AREA. SO, IT'S LIKE YES, YOU'VE DONE A LOT OF WORK TO GET TO IT THAT POINT BUT I'M NOT QUITE CERTAIN IF YOU'VE COMPLIED WITH ALL THE THINGS THAT WE NEED TO GET INTO

THAT PIECE OF PROPERTY. >> YES, SIR.

>> THANK YOU. I PUSHED THE WRONG BUTTON.

I CONCUR WITH BOTH MARK AND GLENN'S COMMENTS EARLIER.

IT'S MY UNDERSTANDING THAT WHEN WE HAVE AN URBAN NEIGHBORHOOD DESIGNATION IN THE FORM-BASED CODE THAT WHAT WE ARE INTENDING IS TO CREATE A TRANSITION IN THIS PARTICULAR CASE BETWEEN THE NEIGHBORHOOD TO THE NORTH, WHICH ARE APARTMENTS AND A MORE TRADITIONAL RESIDENTIAL NEIGHBORHOOD TO THE SOUTH AND TO THE WEST. I WAS GLAD TO SEE CERTAIN ELEMENTS OF DESIGN INCORPORATED INTO THIS CONCEPT, SUCH AS THE GREEN SPACE WITH THE POND. I DON'T KNOW IF THAT POND IS MEANT TO RETAIN WATER OR IF IT'S SIMPLY LIKE A DRY CREEK THAT ONLY HOLDS WATER WHEN IT'S -- IS IT MORE LIKE A DETENTION

FUNCTION? >> AT ONE POINT THE POND WAS MUCH LARGER. WHEN MERIT ROAD DEVELOPED, THERE WAS APPARENTLY AN EASEMENT OR SOME SORT OF DRAINAGE USE GIVEN AND I BELIEVE IT WAS THE CITY CAME IN AND MODIFIED THE DOWNSTREAM END OF THE POND MADE THE POND SMAUMDER.

SO BASICALLY IT'S A SMALLER POND BUT IT ALSO RECEIVES DRAINAGE

FROM UNDER MERIT ROAD. >> I JUST WANTED TO MAKE SURE IT WASN'T A DRY DETENTION TYPE POND WHICH CAN BE DESIGNED VERY NICELY BUT YOU HAVE PERMANENT WATER STORED THERE, THAT IS NICE AS WELL. BUT MY POINT WHERE I'M GOING WITH THIS WITH ALL DUE RESPECT, YOU KNOW, THE NORTH SHORE DEVELOPMENT AREA IS ROWLETT'S LAST CAN CHANCE BASICALLY TO GET IT RIGHT. AND SO I THINK IT'S THE INTEREST OF THE CITIZENS OF THIS COMMUNITY THAT WE PUT IN THE BEST AND MOST OPTIMAL DEVELOPMENT IN THAT AREA AND I AS I SAID EARLIER I AGREE WITH MARK AND GWEN.

I THINK WE ARE CLOSE BUT WE ARE NOT QUITE THERE.

I PERSONALLY HAVE SEEN AND LIVED IN TOWNHOME DEVELOPMENTS WHERE YOU CAN HAVE VERY, VERY NICE COMMUNITIES AND THE VERY BIGGEST DIFFERENCE TO ME BASED ON MY PERSONAL EXPERIENCES IS THAT WHEN YOU HAVE A TOWNHOME DEVELOPMENT, THE INHABITANTS THE RESIDENTS OF THOSE UNITS ARE LONG-TERM RESIDENTS.

THEY'RE THERE. THEY GET A MORTGAGE.

THEY'RE COMMITTED TO THAT NEIGHBORHOOD.

AND THEY'RE A LOT LESS TRANSITIONAL THAN YOUR TYPICAL APARTMENT DWELLER WHO COULD BE THERE FOR SIX MONTHS A YEAR FIVE YEARS OR 20 BUT YOU NEVER KNOW, WHEREAS A TOWNHOME OR A CONDOMINIUM OWNER IS VESTED INTO THAT COMMUNITY AND INTO THAT PROPERTY AND IS GOING TO DO -- IS GOING TO HAVE THE VERY BEST INTERESTS IN WHAT HAPPENS TO THE PROPERTY AND TO THE NEIGHBORHOOD BECAUSE THEY'RE JUST LIKE ANY OTHER HOMEOWNER, ANY OTHER RESIDENTIAL AREA AND SO, COULD YOU PLEASE TELL US WHY EITHER YOU AS A DESIGNER OR YOUR CLIENT AS A DEVELOPER OPTED TO GO THE APARTMENT ROUTE VS. THE TRADITIONAL ROUTE? BECAUSE I REALLY THINK YOU HAVE AN OPPORTUNITY HERE TO PROVIDE A QUALITY TOWNHOME DEVELOPMENT THAT WOULD BE A WONDERFUL ASSET TO THE COMMUNITY, WHERE YOU COULD IDENTIFY A NICHE IN THE

[00:40:05]

MARKETPLACE WHERE MAYBE YOUR TRADITIONAL HOMEBUYER THAT ISN'T GOING TO PURCHASE A HALF MILLION DOLLAR HOME, MAY BE WILL TO BUY

1500-2000 SQUARE FOOT UNI-IT. >> YES, SIR, I AGREE CONCEPTIONLY WITH EVERYTHING YOU SEDIMENT HOWEVER I JUST DON'T THINK YOU COULD HAVE VERY MUCH OF A TOWNHOME DEVELOPMENT HERE.

I THINK YOU'RE ONLY TALKING ABOUT FOUR ACRES OR IF YOU HAVE -- IF YOU INCORPORATE THE COMMERCIAL UNIT YOU'RE TALKING ABOUT MAYBE 2-3 ACRES OF TOWNHOME DEVELOPABILITY BY THE TIME YOU CONSTRUCT ALL OF HOPE ROAD FINANCIALLY IT'S HARD TO SUPPORT THAT ON MAYBE 30 AT THE MOST TOWNHOME UNITS AND IT WOULD BE A VERY SMALL PORTION OF THE TOWNHOME COMMUNITY.

ESPECIALLY IF YOU'RE GOING TO INCORPORATE THE GREEN SPACE IT WOULD REALLY BREAK UP. WE HAVE LOOKED AT IT AND IT DIDN'T LIKE YOU COULD GET ENOUGH OF A TOWNHOME DEVELOPMENT IN THERE WITH THE GREEN SPACE THE CORRIDOR CONNECTING THE PEDESTRIAN ACCESS TO THIS POND. THEY CAN'T GO AWAY AND INCORPORATE COMMERCIAL USE AND STILL FIND A PLACE TO PARK COMMERCIAL WITHOUT HAVING A LARGE PARKING THERE SOMEWHERE.

SO THAT WAS WHAT WENT INTO IT. IT WAS REALLY MORE WITH WE LOOKED AT IT FROM A SITE STANDPOINT IT DIDN'T MAKE SENSE EITHER PHYSICALLY OR FINANCIALLY, TO BE HONEST.

>> JUST ONE MORE QUESTION FOR YOU.

I SEE THE POINT WITH THE SQUEEZE WITH THE TOWN HOMES, BUT I'M CURIOUS ABOUT CONDOS. CONDOS CAN BE A LITTLE BIT LIKE

APARTMENTS. >> YES, THEY COULD BE VERY MUCH LIKE APARTMENTS AND I DON'T EVEN KNOW WHAT THE DIFFERENCE IS BETWEEN APARTMENTS AND CONDOS OTHER THAN YOU SELL THEM RATHER THAN RENT THEM. IF WE HAVE A CON MIND YUM, AN ORDINANCE THAT DESIGNS WHAT A CONDOMINIUM IS? IF WE DO IT COULD BE SOMETHING WE COULD CONSIDER.

>> MILLER AND CHIESA ARE DOING THE CONDO COMMERCIAL ELEMENT THAT HALF. I THINK MAYBE I WOULD BE MORE AGREEABLE BECAUSE THAT IS DIVERSITY.

WE DON'T HAVE A LOT OF CONDOS IN ROWLETT.

WE HAVE TOWN HOMES. TOWN HOIMS ARE A BIT AFTER

SQUEEZE. >> I UNDERSTAND THAT WOULD BE MORE OF A PERMANENT RESIDENT TYPE OF --

>> THE APARTMENTS ARE LIKE 95 PERCENT.

IT'S AN INSANE PERCENTAGE. SO ROWLETT WE ONLY HAVE SO MUCH LAND LEFT SO THIS NORTH SHORE IS VERY IMPORTANT, VERY IMPORTANT SO WE ARE JUST TRYING TO BE CAREFUL.

>> OKAY. >> ANY OTHER COMMENTS? DISCUSSION? I THINK WE ARE READY FOR A

MOTION. >> I'D LIKE TO MOTION TO DENY

THE REQUEST. >> WE HAVE A MOTION ON THE FLOOR FOR DENIAL OF ITEM 60 ON THE AGENDA.

AND DO WE HAVE A SECOND? >> SUSAN, IT SHOWS MOTION TO

PROVE VS. MOTION TO DENY. >> I DON'T SEE WHAT -- OH, OKAY.

ALL RIGHT. SUSAN, YOU SEE THAT? SO, VOTE YES IS FOR THE DENIAL. ARE WE READY? VOTE. SO THAT IS A DENIAL AND IT'S A

[6C. Conduct a public hearing and make a recommendation to City Council on a request by Louis Clark, KinoD LLC., on behalf of property owner Skyview at Rowlett, LLC., regarding a request for a Special Use Permit to allow for multi-family dwellings on properties zoned Form-Based Urban Village (FB-UV) District. The subject properties are located at the southwest corner of Main and Oliver Streets, being Lot 1, Block A of Wall Addition, and the northwest corner of Dennis and Oliver Streets, being Lot 6, Block A of Oliver’s Addition No. 1, in the City of Rowlett, Dallas County, Texas.]

UNANIMOUS VOTE. OKAY.

IN OUR REVERSE ORDER WE ARE MOVING TO ITEM 6C CONDUCT A

[00:45:02]

PUBLIC HEARING MAKE A RECOMMENDATION TO CITY COUNCIL BY LOUIS CLARK, KI NODLLC ON PROPERTY OF SKYVIEW REGARDING A REQUEST FOR SPECIAL USE PERMIT TO ALLOW FOR MULTI-FAMILY DWELLINGS ON PRODUCTS -- LOCATED AT THE SOUTHWEST CORNER IN THE NORTHWEST CORNER BEING . . . ROWLETT, DALLAS COUNTY TEXAS.

>> THE SUP IS A FORMAL ZONING ACTION THAT DUMPS COURAGE PUBLIC REVIEW OF SITE DEVELOPMENT FEATURES TO INSURE THERE'S NOT IMPACT ON SURROUNDING USE AND STRUCTURES MANY BACKGROUND THE FORM-BASED CODE WAS APPROVED DECEMBER 62012 THIS PROPERTY WAS REZONED TO THE FORM-BASED URBAN VILLAGE DISTRICT WHICH IS INTENDED TO PROVIDE FOR MIXED USES AS WELL AS MORE INTENSE RESIDENTIAL AN COMMERCIAL DEVELOPMENT.

I'LL GO THROUGH SOME OF THESE LATER.

CITY COUNCIL ALMOST 8 YEARS LATE TORE THE DAY DID APPROVE AN ORDINANCE WHICH REQUIRED A SPECIAL USE PERMIT FOR NEW MULTI-FAMILY UNITS. THE APPLICANT IS PROPOSING MIXED USE. THE SUBJECT SITE DOES CONTAIN OR SPAN TWO DIFFERENT PROPERTIES SEPARATED BY DEDICATED ALE RIGHT OF WAY. THERE ARE THREE EXISTING PARALLEL PARKING SPACES ALONG MAIN STREET AS WELL AS A [INAUDIBLE] THE PROPOSED SITE PLAN DECEMBER ARE YOU FLEKT 28 FOR SALE CONDOMINIUM UNITS SO THESE WOULD HAVE BEEN INDICATED TO US BY THE APPLICANT THESE WILL BE FOR SALE CONDOS MANY THERE'S APPROXIMATELY 4,000 FEET OF RESERVED SPACE. WITH ALL REZONING STAFF DOES CONDUCT THE SURROUNDING ANALYSIS, SURROUNDING USES ARE LARGELY COMMERCIAL IN NATURE. THEY DO OCCUPY CONVERTED SINGLE FAMILY HOMES. PLEASE DO KEEP IN MIND SINGLE FAMILY USES THAT HAVE EXISTED ARE HELDLY NON-CONFORMING AND NO SINGLE FAMILY USE WOULD BE ALLOWED IN THIS DISTRICT OR ON THESE PROPERTIES. CAN YOU SEE THE BREAK DOWN IN THE TABLE THERE MOSTLY CONVERTED.

[00:50:17]

>> IF MY MATH IS CORRECT, IN CONJUNCTION WITH THE JUST SHY OF 4,000 SQUARE FEET OF COMMERCIAL SPACE THAT BRINGS OUR TOTAL TO 51 SPACES. I'VE ILLUSTRATED THAT FOR YOU ON SCREEN. SOME OF ITS SURFACE PARKING.

SOME OF IT IS TUCKED UNDER A CAN'T LEAVED SECOND AND THIRD FLOOR AND THERE IS AN ADDITIONAL SPACE THAT IS LOOK TO BE ADDED ALONG MAIN STREET SO SORT AFTER COMBINATION OF PARALLEL STREET PARKING SURFACE PARKING AND [INAUDIBLE] DISCUSSION OF THE DOWNTOWN FRAMEWORK PLAN APPROVED AS PART OF THE REZONING, THE DOWNTOWN FRAME WORK PLAN DOES SPECIFICALLY STATE THERE IS REQUIRED FLEX SPACE AT GRADE ALONG MAIN STREET. REALLY ALL THAT MEANS IS SPACE THAT IS DESIGNED IN A WAY THAT IT CAN BE AS TIME AND MARKET DEMAND SWITCHED BETWEEN COMMERCIAL AND RESIDENTIAL USES.

THE APPLICANT HAS ACTUALLY COMMITTED TO THE COMMERCIAL COMPONENT OF THAT REQUIREMENT SO IS EXCEEDING THE NEXT BASED REQUIREMENT BY RESERVING APPROXIMATELY 4,000 SQUARE FEET OF COMMERCIAL SPACE. MAIN STREET YOU'LL SEE THAT ELEVATION ON SCREEN WITH SOME OF THAT COMMERCIAL FRONT DAMAGE INCLUDING AWNINGS. FORM-BASED CODE DOES STATE THIS DISTRICT IS INTEND EDDED FOR MORE INTENSE DEVELOPMENT SERVED BY OPEN SPACE. THE TOP PHOTO YOU SEE ON SCREEN IS DIRECTLY TAKEN FROM THE PHOEBE CODE.

I'VE COMPARED TO IT THE, THIS PROPOSAL IS CONSISTENT WITH THAT DESIGNATION AS IT DOES OFFER COMMERCIAL AN RESIDENTIAL UNITS.

8 FOOT SIDEWALKS WOULD BE ESTABLISHED THAT WOULD CONNECT THIS PROPERTY TO EXISTING NETWORKS ALONG MAIN STREET AS WELL AS ANY FUTURE CONNECTIVITY. DIAGONAL HASH PINK DESIGNATION BEAR WITH ME AS I QUOTE THE COMPREHENSIVE PLAN MIXED USES ARE INTENDEDED TO. AND TYPICALLY RESIDENTIAL OR OFFICE OR COMMERCIAL CAN DISTRICT OR USES ON THE GROUND FLOOR. THAT'S FROM THE 2019 COMPREHENSIVE PLAN UPDATE. THIS PROPOSAL IS CONSISTENT WITH THAT DESIGNATION BECAUSE IT DOES PROVIDE VERTICAL MIXED USE BUILDING AN USES AND OFFERS COMMERCIAL SPACE ON THE GROUND FLOOR WITH CONDOMINIUM UNITS ABOVE.

YOU'LL SEE SCREEN LEFT THAT IS AN IMAGE TAKEN DIRECTLY FROM THE COMP PLAN DONE IN 2019. YOU'LL NOTICE HOW SIMILARITIES IN SCALE USE AND OTHER ASPECTS TO THE PROPOSAL THAT'S REITERATED BY THE OTHER IMAGE FROM THE COMP PLAN IN REGARD TO THE MIXED USE DESIGNATION. SUP'S ARE FORMAL ZONING ACTIONS.

WE DID NOTICE FOR THIS PROPERTY THE SUBJECT SITES THAT WAS DONE AND CONDUCTED ON THE 22ND OF OCTOBER.

WE DID SEND NOTICES AND RECEIVD FOUR IN OPPOSITION TO THE 200 FOOT RADIUS AND TWO IN FAVOR. WE HAVE NOT RECEIVED ANY FOR THE 500 FOOT THAT BRINGS TO US STAFF'S RECOMMENDATION WHICH IS APPROVAL OF THE SUP TO ALLOW MIXED USEFUL MULTI-FAMILY UNITS, THE PROPOSED USE IS CONSISTENT WITH THE COME PLAN MIXED USE AS WELL AS THE INTENT OF THE ZONING DISTRICT.

THE PROPOSAL IS DESIGNED TO SERVE AS A CATALYST FOR DEVELOPMENT IN THE DOWNTOWN AREA AS WELL AS REMAINING CONNESS AND OF THE SINGLE-FAMILY USES TO THE SOUTH.

WITH THAT I BELIEVE AVAILABLE FOR QUESTIONS.

THE APPLICANT IS PRESENT AND AVAILABLE FOR QUESTIONS MANY THEY DO HAVE A PRESENTATION THAT IT IS THE PLANS THAT WE ARE PRESENTING TO YOU AS PART OF THE PACKET AS WELL.

>> OKAY. ANY QUESTIONS FOR STAFF? COMMISSIONERS? MR. COTE.

>> MR. ROBERTS ARE THERE ANY EXCEPTIONS REQUESTED?

>> YES, SIR, THAT IS CORRECT. I'M SORRY.

PARDON ME. EXCEPTION TO THE FORM-BASED CODE? NO, SIR.

[00:55:01]

I LIKE. ALTHOUGH THIS IS A SPECIAL USE TO MAKE SURE THERE WOULD NOT BE ANY WARRANTS TO BEHOOVE THE APPLICANT. WE HAVE ACCOMMODATED ALL THAT

IS OUR CRITERIA. >> COMMISSIONERS ANYONE ELSE?

>> THANK YOU MR. ROBERSON. IF THE APPLICANT WOULD LIKE TO

COME UP, IT IS UP TO YOU. >> GOOD EVENING.

>> PLEASE SAY YOUR NAME AND ADDRESS FOR THE RECORD.

>> WITH DEVELOPMENT 1281 WEST BOULEVARD TEXAS.

>> THANK YOU SERVER. >> GOOD EVENING I'M GREG EYRE AND THE ARCHITECT WITH ESTAR DESIGNS RUSSIAN CREEK DRIVE TEXAS. WE WORK WITH CONNOR AND JOEL SINCE MAY DEVELOPING THIS COMMERCIAL ON THE GROUND.

SO I AM HERE FOR ANY QUESTIONS YOU MAY HAVE.

COMMISSIONERS? >> 'S MIGHT BE TOO SOON I'M HOPING YOU HAVE AN IDEA FOR US AND THE CITIZENS, AND YOU HAVE A PRICE POINT MAY BE? I KNOW THERE ARE DIFFERENCES OF VIEWS AND STUFFED A BASIC IDEA IT MAY BE A PRICE POINT ON YOUR ONE AND TWO BEDROOM CONDOS?

>> KNOW WE HAVE NOT DETERMINED PRICE POINT YET.

>> AGAIN MAY BE A LITTLE TOO SOON BUT DO YOU HAVE ANY IDEA WHO MIGHT BE FILLING YOUR COMMERCIAL SPACE?

>> WE DO NOT HAVE ANY IDEA AS WELL.

NO WE DON'T. WE FEEL LIKE THE SPACE IS A SMALL SPACE AND SHOULD ATTRACT A LOT ICE CREAM SHOPS FOR SOME COMPANIES THAT MAKE A PROJECT EFFECTIVE.

>> THANK YOU. YES, MA'AM?

>> IF YOU DO NOT HAVE A PRICE POINT HOW DO YOU KNOW YOUR DEVELOPMENT IS ECONOMICALLY FEASIBLE?

>> BECAUSE THE FIRST PRIORITY WAS TO DESIGN A LAYOUT THAT WAS GOING TO WORK. AND NOW WE CAN DETERMINE THE KIND OF FINISHES THAT WE PLAN ON IMPLEMENTING IN THE PROJECT. SO WE HAVE AN IDEA BUT WE HAVE

TO FINE-TUNE IT. >> I HAVE A QUESTION REGARDING THE PARKING. I DO NOT HOW YOU PARK IN SPACE AND WHAT TYPE OF RETAIL OPERATION WOULD ONLY REQUIRE

NINE SPACES TO BE VIABLE? >> THE BACK PARKING LOT IS ALSO SHARED FOR THE PUBLIC. MOST OF IT CAN BE SHARED WITH

THE COMMERCIAL SPACE. >> MR. ROBERTS DOING TO SPEAK

ON THAT TOPIC? >> THANK YOU COMMISSIONER WILLIAMS FOR THE QUESTION. THE ONE AND A HALF SPACES PER UNIT THAT'S REALLY INTENDED TO COMPOUND TO GIVE US A GENERAL NUMBER WE WOULD ROUND UP TO THE NEAREST PARKING SPACE.

THE CODE REQUIRES ONE -- 400 SQUARE FEET OF COMMERCIAL SPACE WHICH COMES AROUND 29 SPACES WITH ADDITIONAL 42 FOR RESIDENTIAL UNITS. THAT IS COMBINED A COMBINATION OF STREET PARKING AS WELL AS THE TECH UNDER AND SURFACE PARKING. IT IS AND TENDED WHILE NOT ALSO ALWAYS NECESSARY AT THE SAME TIME SOMETIMES HOURS OF OPERATION CAN EBB AND FLOW. IT IS ALSO THE INTENT OF THE DOWNTOWN DISTRICT HAVE A SHARED CONDITION IN GENERAL, ALL OF THE PARKING ALONG MAIN STREET IS PUBLIC AS NONRESTORABLE. IF YOU ARE IN A PINCH YOU CAN CERTAINLY PARK A LITTLE UPSTREAM OR DOWNSTREAM TO ACCOMMODATE BOTH THE COMMERCIAL OR RESIDENTIAL

USES. >> THERE IS PARKING BEHIND THE BUILDING? LEX YES, MA'AM SORT OF ON-SCREEN YOU'LL SEE THE SOUTHERN LOT IS RESERVED ALMOST SOLELY FOR LANDSCAPING AND PARKING SURFACE.

>> WHAT IS THE NAME IS IT GOING TO BE SKYVIEW IS THAT

THE DEVELOPMENT OF NAME? >> YES IT IS.

>> WE ALL DISCUSSED THE SIGNAGE? I HAVE A FEELING THAT MIGHT COME UP AGAIN.

[LAUGHTER] >> YES THANK YOU COMMISSIONER. YES, THE SIGNAGE IS TYPICALLY FOR COMPLIANCE ANY OF PROBABLY READ THIS ON HER THE SERENE BEFORE IT'S REVIEWED WITH THE CLIENT AT A LATER TIME BUT

[01:00:04]

STAFF DID IDENTIFY THE ELEVATION SOME APPROPRIATE PLACES FOR SIGNAGE. OBVIOUSLY WITHOUT A TENANT IT'S TOUGH TO EXACTLY SPECIFICALLY FIGURE THAT OUT.

THANK YOU. IN REGARDS TO ABOVE OR ON THOSE CANOPIES THERE ARE SIGNAGE OPPORTUNITIES.

>> HAVE YOU ALL BUILT DEVELOPMENTS LIKE THIS

BEFORE? >> YES WE HAVE.

>> IS THIS ONE OF YOUR EXAMPLES IS THIS A RENDERING?

>> WE BUILD DIFFERENT TYPES KIND OF CLOSE TO THE ONES WE

GOT. >> WE HAVE ONE IN FORT WORTH OVER THE LAST FIVE OR SIX YEARS NEAR SOUTHSIDE.

ACTUALLY HAS ZERO PARKING REQUIREMENT.

DEMAND. >> AND HAVE YOU HAD A FAIRLY GOOD RATE AND FILLING IN THE RETAIL AREA WITH YOUR OTHER

DEVELOPMENTS? >> YES WE HAVE.

>> WE FOUND OUT THE SMALLER THE RETAIL STORES THE BETTER IT'S EASIER FOR PEOPLE TO RENT OUT SPACES THAT ARE MUCH

SMALLER. >> ANYONE ELSE? YES, SIR. A COUPLE OF QUESTIONS FOR THE DEVELOPER AND MAYBE FOLLOW UP WITH STAFF.

THE BOTTOM UNITS THE 4000 IS THAT THE ENTIRE FIRST FLOOR YOU ARE DESIGNATING FOR COMMERCIAL OR JUST PART OF IT? LEX IT IS JUST HALF OF IT, THE FRONT HALF. AND THEN WE HAVE FOUR UNITS IN

THE BACK. >> CAN THOSE, I KNOW SOME DEVELOPERS CAN PROACTIVELY DESIGN UNITS THAT CAN GO EITHER WAY COMMERCIAL OR RESIDENTIAL AS LONG AS YOU HAVE THE RIGHT CEILING HEIGHTS. I WAS JUST WONDERING MORE FOR YOUR INTEREST BECAUSE IF YOU FIND OUT THERE IS A HIGHER DEMAND FOR ONE VERSUS THE OTHER YU MIGHT BE ABLE TO ADAPT, I DON'T KNOW IF YOU HAVE CONSIDERED THAT.

I KNOW WHAT HAS HAPPENED ON OTHER DEVELOPMENTS I'M JUST PUTTING THAT OUT THERE. THAT IS MORE OF A COMMENTARY.

I DO HAVE A QUESTION PERTAINING TO THE CORPORATE CONTENT TYPICAL SQUARE FOOTAGE DO YOU HAVE AN APPROXIMATE OF WHAT EACH ONE BEDROOM OR TWO BEDROOM UNIT IS ROUGHLY GOING

TO BE? >> YES, WE WORK THROUGH SOME FLOOR PLANS. [LAUGHTER] THERE WE HAVE ABOUT 21000 SQUARE FEET OF RESIDENTIAL DIVIDED BY 28 UNITS. LESS THAN 1000 ABOUT 800 SQUARE FEET KITCHEN AND EN SUITE, BATHROOMS, QUALITY

FINISHES. >> THE POINT IS TO HAVE SPACES THAT ARE AFFORDABLE LIKE YOU GUYS SAID YOU DON'T REALLY HAVE ANY CONDO DEVELOPMENTS HERE THE PLAN IS TO PICK UP A PRODUCT OR PEOPLE WHO DO NOT WANT TO BUY HOUSES WITH

CONDOMINIUM PROJECTS. >> EACH UNIT HAS ITS OWN BALCONY AND OPEN KITCHEN. WITH AN OPEN LIVING ROOM.

>> AN OPEN TYPE DESIGN. >> AND A WALKING DISTANCE TO

DART, THAT IS NICE. >> I WOULD JUST LIKE TO SAY I LIKE THE LOOK OF THE DEVELOPMENT IN GENERAL I THINK YOU HAVE THE RIGHT IDEA. I THINK THERE IS A MARKET FOR THIS KIND OF DEVELOPMENT ESPECIALLY BEING YOU ARE IN THE DOWNTOWN AREA AND CERTAINLY IN A WALKABLE COMMUNITY WITH THE TRANSIT DEVELOPMENTS IN THIS NEIGHBORHOOD. THE ONLY THING I WOULD SUGGEST AS A DESIGNER IS TO BREAK UP THE FAÇADE FINISHES A LITTLE BIT SO IT'S NOT SO MONOLITHIC.

THAT IS A PERSONAL PREFERENCE. I OFFER THAT AS A PROFESSIONAL COURTESY. BUT YOU HAVE A VERY NICE FAÇADE. IT IS DESIGNED OBVIOUSLY WITH DIFFERENT PLANES ON THE FAÇADE, DIFFERENT FINISHES.

[01:05:02]

AS A PERSONAL PREFERENCE I WOULD LIKE TO SEE A LITTLE VARIETY BETWEEN THE UNITS IS NOT SO MONOLITHIC.

>> AND THE MATERIALS YOU PROVIDED IT SAYS THE TWO BEDROOM IS LESS THAN 800 SQUARE FEET.

HOW SMALL IS THE ONE BEDROOM? >> THE TWO BEDROOM IS A LITTLE

BIT LARGER THAN 800 AND. >> BUT I AM LOOKING AT IT SAYS

LESS THAN 800 SQUARE FEET. >> THEN I NEED TO SUBTRACT THE HALLWAYS AND THE COMMON AREAS.

>> SO HOW MANY SQUARE FEET IS THE BEDROOM QUESTION I DID NOT BRING THE PLAN WITH ME I DO HAVE IT ON THE PLANS.

>> YOU HAVE A RENDERING? EVERYTHING I AM LOOKING AT SAYS CONCEPTUAL ELEVATION. IN SHORT RENDERING LOOK LIKE THE CONCEPTUAL ELEVATIONS? OR WHAT CHANGES ARE YOU PROPOSING? I DO NOT SEE ANYTHING AND MAYBE IT IS JUST MISSING IN MY PAC PACKAGE.

>> CONNOR COULD YOU STEP UP AND ADDRESS THAT PLEASE?

>> THANK YOU COMMISSIONER WILLIAMS. YES, MA'AM. PART OF THE SUB WE ARE LOOKING AT USE THERE CERTAIN SITE DESIGN AND SPECIFICATIONS IN TERMS OF THE LAYOUT. WE TYPICALLY DO NOT INCLUDE ELEVATIONS OF PROJECTS. AT LEAST HARD AND FAST IN THE ATTACHMENTS. WE SIMPLY WILL PRESENT TO YOU AS WE HAVE DONE THIS EVENING WITH CONCEPTUAL ELEVATIONS THAT ARE REPRESENTATIVE OF A PRODUCT OF WHAT ANY DEVELOPER IN THIS CASE THESE GENTLEMEN PROVIDE.

THIS IS NOT INTENDED TO BE A BINDING IMAGE OR BINDING PLAN IT IS CONCEPTUAL AND RENDERING.

THERE ARE SOMEWHAT EXTENSIVE FAÇADE REVIEWS THAT WILL COME LATER TO ASSURE COMPLIANCE WITH THE CODE WE HAVE NOT CONDUCTED AS PART OF THIS WERE TYPICALLY LOOKING AT COMPATIBILITY WITH SURROUNDING USES AND THE LIKE AT TIME OF ZONING/SEP WHICH IS THE CURRENT CASE.

THE APPLICANT HAS INDICATED TO US THIS IS IT REPRESENTATIVE OF A OF WHAT THEY ARE LOOKING TO DO WITH GOTTEN SPECIFIC ON PREVIOUS DOCUMENTS SHOWING US SORT OF A THREE DIMENSIONAL RENDERING IF REMEMBER THIS IMAGES IN THE REPORT OF WHAT THIS WOULD LOOK LIKE SITE SPECIFIC TO THESE TWO LOTS.

TYPICALLY THAT'S THE EXTENT OF THE DETAIL WE WOULD REQUIRE.

>> ANY OTHER QUESTIONS? OKAY, THIS IS A PUBLIC HEARING. AT THIS TIME I WILL OPEN THE PUBLIC HEARING. I DO NOT HAVE ANY SPEAKER CARDS FOR THIS AGENDA ITEM. HOWEVER, EVERYONE, ANYONE IS WELCOME TO SPEAK. IF YOU WOULD RAISE YOUR HAND IF YOU WOULD LIKE TO COME SPEAK ON THIS ITEM.

YES, SIR? >> I NEED TO GET MY NAME ADDISON? [INAUDIBLE] I WOULD JUST LIKE TO OBSERVE THAT TO GIVE A PROPONENT UNLIMITED TIME, YOU TALK TO HIM BACK AND FORTH IN ALL AND THEN TO GIVE SOMEBODY THAT WANTS TO REBUT ANYTHING YOU HAVE TO SAY THREE MINUTES IS GROSSLY UNFAIR.

I THINK ONE AS A LAWYER, YOU KNOW NO COURT WOULD GIVE THE PLAINTIFF TWO HOURS AND THEN TELL THE DEFENDANT YOU HAVE TEN MINUTES GET YOUR DEAL UP THERE.

I HOPE ALL OF YOU CAN SEE THAT IS GROSSLY UNFAIR TO LET SOMEBODY COME UP HERE AND PRESENT THEIR CASE FOR 20 MINUTES, 30 MINUTES, APPARENTLY HOWEVER LONG THEY WANT TOO. THEN YOU TELL PEOPLE THAT WANT TO RESPOND TO THAT YOU HAVE GOT THREE MINUTES.

THAT MAY BE ILLEGAL, I DO NOT KNOW, MAYBE WE WILL FIND OUT.

BUT, THAT IS GROSSLY, GROSSLY ON EQUITABLE AND UNFAIR, THANK

YOU VERY MUCH. >> ANYONE ELSE? YES, MA'AM. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, THANK YOU.

>> MISTY LEE IRONSIDE 3601 AND DENNIS STREET.

I AM YOUR NEIGHBOR DIRECTLY ADJACENT TO YOUR PARKING LOT.

I HAVE THREE MINUTES AND I AM TERRIFIED AND I APOLOGIZE IF I SPEAK VERY QUICKLY. I WANT TO SAY THAT I LOVE THE DOWNTOWN NEIGHBORHOOD. I HAVE BEEN THERE FOR A YEAR END A HALF. I BOUGHT MY HOUSE DURING COVID. AND THIS, WHILE I DO APPRECIATE GROWTH IN OUR NEIGHBORHOOD, I FEEL THIS IS

[01:10:03]

THE WRONG TYPE OF GROWTH AND THE WRONG LOCATION FOR THIS PROJECT. IT DOES NOT FIT WITH THE LOOK AND FEEL OF OTHER BUSINESSES IN THE AREA IF YOU CONSIDER EVEN THE INSURANCE AGENT WHO MOVED DOWN HE SAT ESTATE IN THAT TEENY TINY LITTLE HOME TO FIT THE LOOK OF OUR BEAUTIFUL QUAINT SMALL-TOWN USA OUTLOOK.

SO THE FURTHER OUT FROM THE VILLAGE APARTMENTS YOU GET FROM THAT, THE MORE WE LOOK LIKE LITTLE COTTAGE HOUSES.

I FEEL LIKE WE SHOULD TRY TO MAINTAIN THAT.

I'M NOT ANTI- GROWTH I AM PRO THE LOOK OF OUR NEIGHBORHOOD.

I ALSO WANT TO ADVISE YOU EXTREME CAUTION ON THE UNDER PARKING SITUATION YOU HAVE DESIGNED HERE.

1.5 PARKING SPACES FOR TWO-BEDROOM APARTMENT IS UNREALISTIC. YOU HAVE TWO PEOPLE, ONE PER BEDROOM, THAT IS HOW IT WORKS.

AND SO YOU NEED TO PARKING SPACES PER TWO BEDROOM.

I KNOW THERE IS A MAP AND STATISTICS BUT THAT IS THE REALITY OF HOMES AND RESIDENTS AND CONDOS IN ALL THAT STUFF.

PLEASE BE MINDFUL IN YOUR PARKING AND TELL ME WHERE THE EMPLOYEES OF THE RETAIL SPACE ARE GOING TO PARK? THEY ARE GOING TO BE FIGHTING FOR PARKING JUST LIKE YOUR RESIDENCE ARE. IT ALSO YOU ARE SHARING SPACE WITH THE CIGAR GOT BAR. I HOPE THE PEOPLE WHO END UP ON THE BACKSIDE REALLY LIKE LOOKING INTO THE BACKYARD OF NOTHING BUT SOLAR PANELS AND WEIRD THINGS LIKE BACKYARD CONCERTS THAT'S A RIDE TO MY BACKYARD THAT'S WHAT THEY'RE GOING TO BE OVERLOOKING. IF THEY'RE GOING TO SPEND $200,000 FOR AN 800 SQUARE-FOOT TWO BEDROOM APARTMENT, THEY DESERVE A BETTER VIEW THAN THAT.

GOSH, THEY DID NOT EVEN GET A POOL.

IT IS YOUR CHOICE HOW TO SPEND YOUR DEVELOPMENT DOLLARS.

IT'S YOUR CHOICE HOW TO IMPROVE WHAT WE DO IN THIS NEIGHBORHOOD. I JUST FEEL THIS IS NOT THE RIGHT PROJECT. I AM PRO BUSINESSES.

ALWAYS SAID I'M GOING TO GET GREAT NEIGHBORS.

HOPEFULLY I'LL GET A CHIROPRACTOR, ONE TENANT.

HOPE TO GET A MASSAGE PARLER WOULDN'T THAT BE NICE QUESTION IF THAT WOULD BE GREAT FOR THAT PARKING LOT IS GOING.

I WOULD EVEN BE FINE WITH A LITTLE WAREHOUSE, THAT IS FINE TOO. THIS IS THREE STORIES AND THIS IS MISPLACED. THERE'S A CHURCH BEHIND IT, THERE IS ME. IT FEELS LIKE THE WRONG LOCATION FOR THIS PROPERTY, JUST MY OPINION I WILL VOICE IT WITH YOU AS SOMEBODY WHO WAS VERY MUCH INVESTED IN BEING IN THAT HOME. FOR THE REST OF MY LIFE AND THEN ON INTO MY CHILDREN'S LIVES.

WE WANT TO BE GOOD NEIGHBORS AND I TRUST THAT ALL OF YOUR RESIDENTS WILL BE GOOD NEIGHBORS.

>> THANK YOU. IS THERE ANYONE ELSE? PLEASE SHOW YOUR HAND, YES, MA'AM COME ON UP.

PLEASE STATE YOUR NAME AND ADDRESS THANK YOU.

>> SUZANNE 8205 MARTHA LANE. 75088.

I AM IN AGREEMENT ABOUT IT BEING TOO CROWDED OR TOO MUCH DENSITY FOR GROWTH. BUT THE RIGHT TYPE OF GROWTH, THAT IS PRETTY MUCH WHAT I HAVE TO SAY.

I WANT GROWTH BUT I WANT THE RIGHT TYPE OF GROWTH.

AND I WANT GROWTH DONE LEGALLY, ANYWAY THANK YOU.

>> ANYONE ELSE? GEMINI CARDS ON THIS ONE? OKAY. AT THIS TIME WE WILL CLOSE THE PUBLIC HEARINGS. COMMISSIONERS DISCUSSION.

>> I WANT TO SAY SOMETHING. I THINK IT IS A GOOD IDEA.

IT IS A GOOD SPOT. I THINK YOU HAVE TO UNDERSTAND HIGH DENSITY IN THE DOWNTOWN AREA HELPS BUSINESSES.

IF YOU WANT BUSINESSES TO COME IF YOU WANT THE DOWNTOWN AREA TO FLOURISH, YOU NEED PEOPLE. THE BEST SPOT TO DO IT IS NEXT TO THE DART STATION. IT'S WHERE YOU LIVE WORK AND PLAY IN GO TO THE GROCERY STORE YOU'RE DECREASING AROUND THE CITY. I THINK IT'S A GOOD IDEA IT'S A GOOD SPOT I THINK IT'S THE VISION OF THE CITY.

ESPECIALLY IN THIS AREA. >> THANK YOU.

YES, SIR. >> A THANK YOU TO FOR YOUR COMMENTS AND WE DO APPRECIATE WHAT YOU ARE SAYING.

I LOOK AT THIS AS A PUZZLE PIECE FOR THE DOWNTOWN AREA.

[01:15:08]

I'VE BEEN HERE FOR FIVE YEARS MYSELF.

I WAS THAT WHERE DHEC IS MAIN STREET ROWLETT HAS A UNIQUE DOWNTOWN A LOT OF AREAS IN TEXAS HERE, A LOT OF THINGS BEGIN TO HAPPEN AROUND MAIN STREET.

I THINK THAT IS THE FOCUS FOR THE FUTURE.

I THINK THAT IS WHERE A LOT OF PEOPLE WHO ARE EMPLOYED WITH THE CITY HAVE BEEN MAKING PLANS TO SEE WHAT WE CAN DO.

LIKE I SAID BEFORE, THIS IS JUST ANOTHER PIECE TO A GROWING PIECE OF PUTTING THE WHOLE DOWNTOWN TOGETHER.

BECAUSE WE ARE LOOKING AT OTHER RESTAURANTS, WE WANT TO SEE MORE GROWTH DOWNTOWN. I HAVE BEEN VERY IMPRESSED WITH ALL OF THE ACTIVITIES THAT HAVE BEEN GOING ON IN THE MONTH OF OCTOBER, JUST BRINGING PEOPLE DOWNTOWN.

IF WE COULD HAVE A LITTLE MORE STORES I LIKE THE RESTAURANTS THAT WE HAVE. BUT WHAT ELSE CAN WE BRING TO THIS COMMUNITY? I THINK WE CAN STILL KEEP IT AS A DOWNTOWN SPECIAL AREA. NOT LIKE 66 BUT STILL HAVE A UNIQUENESS IN THIS AREA. LIKE SOME OF THE OTHER COMMISSIONERS I HAVE MENTIONED , THE DART CAN BE A CENTER POINT FOR A LOT OF PEOPLE. AS WE START TO COME OUT OF THIS PANDEMIC, MORE PEOPLE WILL TIRED OF BEING CONFINED IN THEIR HOMES AND MAY WANT TO GO BACK TO WORK, MAYBE A COUPLE DAYS A WEEK AND STILL WORK THREE DAYS AT HOME.

BUT WANT TO HAVE THE ACCESS WITH THE DART.

THAT IS WHERE GROWTH BEGINS. I JUST FEEL THIS IS ONE STEP GOING IN THE RIGHT DIRECTION FOR OTHER FUTURE GROWTH.

ESPECIALLY OTHER COMING AT THE SOUTH END OF MAINE.

>> ANYONE ELSE? I AGREE WITH THE COMMENTS.

AND I THINK AT THIS POINT WE ARE PROBABLY READY FOR A MOTION. ANYBODY? I WOULD LIKE TO MAKE A RECOMMENDATION FOR APPROVAL OF THIS SPECIAL USE PERMIT WE HAVE A MOTION FOR APPROVAL OF THIS ITEM ON THE AGENDA DO WE HAVE A SECOND? WE HAVE A SECOND PERIOD ARE WE READY TO VOTE? WE HAVE SIX YESES AND ONE KNOW SO THAT PAST.

[6B. Conduct a public hearing and make a recommendation to City Council on a request by Stefon Sansone regarding a Special Use Permit to allow a carport in excess of 500 square feet on property zoned Single Family Residential (SF-10) District. The subject property is located at 8010 Garner Road, approximately 1,473 feet west of the intersection of Dalrock and Garner Roads, in the City of Rowlett, Dallas County, Texas.]

WE ARE MOVING TO ITEM WAS SIX TO BE, DON'T KNOW WHAT IT IS NOW WE ARE GOING IN REVERSE ORDER SO WE ARE ALMOST FINISHED. CONDUCT PUBLIC HEARING AND MAKE RECOMMENDATION TO CITY COUNCIL REQUEST BY STEFAN REGARDING A SPECIAL USE PERMIT TO ALLOW A CARPORT IN EXCESS OF FIVE OR SQUARE FEET ON PROPERTIES OF SINGLE FAMILY OF TEN DISTRICTS SUBJECT PROPERTY 810 GARNER ROAD.

APPROXIMATELY 1473 FEET WEST OF THE INTERSECTION OF DEL ROCK AND GARNER ROADS IN THE CITY IN DALLAS COUNTY, TEXAS.

ARE YOU PRESENTING? >> YES, MA'AM I AM.

[LAUGHTER] JUST MAKING SURE WE HAD THE CORRECT PRESENTATION. YOU CAN GO AHEAD AND PUT IT UP.

THERE WE GO. THANK YOU MADAM CHAIR, COMMISSIONERS. AS YOU STATED, WE ARE HERE TO LOOK AT A SPECIAL USE PERMIT FOR A CARPORT IN EXCESS OF 500 SQUARE FEET. THE PROPERTY IS DESPERATELY SUBJECT PROPERTY IS ZONED FAMILY RESIDENTIAL DISTRICT.

THE SU P, AS YOU HAVE HEARD A COUPLE OF TIMES A DAY IS A ZONING ACTION AND ENCOURAGES PUBLIC REVIEWS OF SITE DEVELOPMENT FEATURES AND INTENDED TO ENSURE PROPOSED

[01:20:01]

USES WILL NOT HAVE SIGNIFICANT OR ADVERSE IMPACT ON SURROUNDING USES. INFRASTRUCTURE, TRANSPORTATION CORRIDORS, OR ON THE COMMUNITY AT LARGE.

A LITTLE BACKGROUND ON THIS PROPERTY, THE SUBJECT PROPERTY IS ZONED SF TEN WHICH TECHNICALLY MEANS THERE ARE A MINIMUM OF 10,000 SQUARE-FOOT LOTS.

THERE OTHER REQUIREMENTS BUT THAT IS THE OVERARCHING ONE.

THE SUBJECT PROPERTY IS A LOT OF 10,000 980 SQUARE FEET.

CONTAINS A SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 1990 SQUARE FEET OF LIVING AREA PLUS THE ATTACHED GARAGE. THE APPLICANT IS REQUESTING SPECIAL USE PERMIT TO ALLOW AN EXISTING 850 SQUARE-FOOT CARPORT I SHOULD SAY APPROXIMATELY 850 SQUARE FOOT CARPORT AND A REAR YARD TO BE CONSTRUCTED THE DETACHED CARPORT ACCESSIBLE FROM THE ALLEY LOCATED AT THE REAR OF THE PROPERTY WAS INSTALLED BY HAVING THE APPROVALS THERE'S BEEN NO SITE REVIEW FOR COMPLIANCE WITH THE RELEVANT CODE. AT THEIR AUGUST 23, 2020 WOULD BE THE BOARD OF ADJUSTMENT APPROVE THE VARIANCE TO REDUCE THE SITE SET BACK FROM 3 FEET TO ONE AND A HALF FEET.

I WILL EXPLAIN WHY THAT WAS NECESSARY.

THE SUBJECT PROPERTY FRONTS ON WARNER ROAD IF YOU ARE FAMILIAR WITH THE AREA OR IF YOU ARE NOT YOU WILL NOTE GARNER IS ABOUT HALFWAY DOWN BETWEEN MILLER AND SHE'S A.

THERE ARE ABOUT HALFWAY DOWN THE STREET ON THE SOUTH SIDE OF GARNER. THE TOTAL LOT COVERAGE INCLUDING THE CARPORT IS STILL LESS THEN THEY ALLOWED A MAXIMUM OF 45% SINCE THE STRUCTURE WAS PLACED LARGELY ON EXISTING DRIVEWAY. THERE ARE FOUR HOMES WITHIN A 500-FOOT RADIUS OF THE SUBJECT SITE.

THERE IS PRESENT FOR THE USE IN THE AREA.

A LITTLE BIT OF THE ACTUAL CARPORT TO THE DRAWINGS THAT WERE PROVIDED TO US ON THE RIGHT-HAND SIDE.

THERE WERE SHOWN IN THE RELATIVE LOCATION IN REGARDS TO THE HOUSE, THE ADJACENT PROPERTY BOUNDARIES AS WELL AS THE ALLEY. THE CARPORT IS A PRAYER ENGINEERED STRUCTURE WHICH DOES EXCEED THE AREA OF 500 FEET WHICH IS WHY THE SPECIAL USE PERMIT IS NECESSARY. THE CARPORT IS 50 FEET IN HEIGHT WHICH PER CODE NEEDS THE REQUIREMENTS AS A DETACHED CARPORT. THE CARPORT IS SET ONE AND A FROM THE EAST PROPERTY LINE, 4 FEET FROM THE REAR PROPERTY LINE IN APPROXIMATELY 50 FEET FROM THE WESTERN PROPERTY BOUNDARY. AS I STATED EARLIER THE BOARD OF ADJUSTMENT DID GRANT A VARIANCE TO REDUCE THE SITE SET THIS WAS DONE RECENTLY TO ALLOW FOR CONTINUATION OF THIS REVIEW FOR SPECIAL USE PERMITS. YOU CAN KIND OF SEE YOU CAN SEE THE CARPORT AT THE REAR OF THE PROPERTY AS IS VISIBLE FROM THE ALLEY. THE REASONS FOR THIS CART FOR BEING HERE IS PROTECTION FROM INCLEMENT WEATHER FOR STORAGE THE PICTURE. ALSO A SPACE FOR HIM TO WORK ON THE MINIMAL AND DETAILING MOTORCYCLES.

AS A PLAN FOR THE FUTURE IS NOT BEING REVIEWED AT THIS TIME. HE'S READY TO SUBMIT AND THEN YOUR FUTURE. IT'S EXPECTED REQUIRED NECESSARY PERMITS FOR THE STRUCTURE.

THAT IS UNDER THE MAIN JUSTIFICATIONS WHY THE STRUCTURE ITSELF IS PLACE WITHOUT A BUILDING PERMIT A LITTLE BIT OF HISTORICAL BACKGROUND IS HOW YOU GOT HERE WE WERE ALERTED BY A NEIGHBOR OR RATHER THE BUILDING SAFETY DIVISION WAS ALERTED BY A NEIGHBOR REGARDING THE STRUCTURE TO WHICH UPON INSPECTION RECEIVED A CITATION FOR BEING A PERMIT SOME OF THE CONDITIONS CITED WERE THE EAST

[01:25:04]

SIDE YARD SETBACK AT ONE AND A HALF FEET AT THE TIME IT WAS STILL REQUIRED TO BE 3 FEET. THE DRIVEWAY AT THE ALLEY CONNECTION YOU CAN SEE THE EXPANSION ON THE DRIVEWAY WITH BUT THE EXTENSION OF 10 FEET TOWARD THE EAST OF THE PROPERTY ABUTTING TWO -- 3 INCHES FROM THE FENCE LINE.

THE DETACHED CARPORT EXCEEDS THE MAXIMU OF 500 FEET WHICH REQUIRES A SPECIAL USE PERMIT. IT IS IMPORTANT TO NOTE APPROVES THE USE BUT NOT WITH THE REQUIREMENTS OF THE CITY ORDINANCE AS IT RELATES TO CONSTRUCTION STANDARDS AND COMPLIANCE. THINGS LIKE STRUCTURAL CONDITIONS THE INSPECTIONS OF THE CONCRETE AS PART OF THE REVIEW OF THE BUILDING PERMIT BE REVIEWED FOR COMPLIANCE WITH CITY STANDARDS. THE APPLICANT WILL BE REQUIRED TO HAVE DRAWINGS TO VERIFY THE% INTEGRITY OF SUCH A CARPORT.

ADDITIONALLY A DRAINAGE STUDY REPORT BY A LICENSED PROFESSIONAL FOR ADDITIONAL WATER RUNOFF DOES NOT ENTER NEIGHBORING PROPERTIES. ANY HOMEOWNER WILL HAVE TO DEMONSTRATE THIS NOT ALTER THE DRAINAGE CONDITIONS TO THE ADJACENT PROPERTIES THEY HAVE NOTED 505F1F THE MAXIMUM WIDTH OF ANY DRIVEWAY MAY NO MORE THAN 20 FEET.

AND SO THAT WOULD BE SOMETHING REVIEWED THESE ARE SOME OF THE CONDITIONS THAT ARE OUTSTANDING AT THE MOMENT.

I MENTIONED DRAINAGE CONDITIONS THEY ARE A CONCERN.

BOTH BUILDING SAFETY DIVISION AS WELL AS SURROUNDING NEIGHBORS WHO MAKE CLAIMS OF ADDITIONAL PONDING AND AN INCREASED RUNOFF CONDITION THE INSTALLATION OF THE CARPORT THEY WILL SPEAK TO THAT AS WELL.

CARPORTS ARE COMMON IN RESIDENTIAL NEIGHBORHOODS SEEN THROUGHOUT THIS NEIGHBORHOOD THE UTILITY AND ACCESS IS RESISTING ENTRANCE EXISTING FOR THE PROPERTY PER THE VISIBILITY IS VISIBLE. IT'S IMPORTANT TO NOTE DUE TO THE PROXIMITY OF THE STRUCTURE TO THE FENCE LINE OF THE EASTERN NEIGHBOR AND THE ALLEY THERE IS NO VISUAL IMPACT.

THE GRAPHIC TO THE RIGHT THE NOTICES WERE SENT OUT 200-FOOT RADIUS 21% ANOTHER 566 OF THOSE WERE SENT.

AT A 200-FOOT RADIUS THERE WERE FOUR IN FAVOR AND A 500-FOOT BUFFER. THERE WAS ONE IN FAVOR.

SINCE THE PUBLICATION OF THE PACKET WE DID RECEIVE TWO ADDITIONAL RESPONSES. ONE IN FAVOR AND ONE IN OPPOSITION. BOTH WITHIN THE 200 FEET OF THE PROPERTY. IT IS RECOMMENDATION OF STAFF BE DENIED THERE CAUSED BY THE CONCRETE AND THE CARPORT ONE THE APPLICANT MUST INSTALL A SOLID GAUGE AND CLOSE THE STRUCTURE MITIGATE THE VISUAL IMPACT OF THE ALLEY.

TWO, THE APPLICANT MUST APPLY FOR ALL NECESSARY PERMITS AND PROVIDE STRUCTURAL DRAWINGS FOR THE CARPORT.

AND THREE, ANY MODIFICATIONS NECESSARY TO COMPLY WITH THE STORM DRAINAGE THE INSTALLED BY THE APPLICANT.

WITH THAT, I HAVE FINISHED MY PRESENTATION AND I AM AVAILABLE FOR QUESTIONS. AS I STATED THE APPLICANT IS HERE AND DOES HAVE A PRESENTATION HE CAN DO.

>> COMMISSIONERS, QUESTIONS? >> ONE BASIC QUESTION.

WHY DID THIS PERSON NOT APPLY FOR SPECIAL USE PERMIT?

>> WHY DID THEY NOT? WHY DIDN'T HE APPLY FOR THIS.

>> WHY DID HE? >> WHY DIDN'T HE IN THE

BEGINNING. >> THAT IS PART OF THE

[01:30:01]

JUSTIFICATION THAT WAS INSINUATED WAS THAT THE APPLICANT ENTRUSTED THE INSTALLER TO PURSUE ALL OBLIGATIONS IN REGARDS TO PERMITS AND REGULATIONS OF THE CODE. HE STATED IN HIS LETTER THAT HE WAS UNAWARE OF THESE REQUIREMENTS.

AND ONCE THIS WAS BROUGHT UP WITH THE CITATION AND CITY ATTENTION, IS WHEN -- COMMUNICATION STARTED THAT HE WAS ABLE TO FIND OUT HE WAS NOT MEETING THESE REQUIREMENTS. THERE HAS BEEN SOME COMPLICATIONS IN COMMUNICATION WITH THE INSTALLER.

I AM SURE THE APPLICANT WILL SPEAK TO THAT.

BUT, IN ESSENCE, IT IS THE CITATION AND SUBSEQUENT COMMUNICATION THAT HAS BROUGHT US HERE TODAY FOLLOWING THE BOARD OF ADJUSTMENT VARIANCE APPROVAL AND NOT REQUESTING SPECIAL USE PERMIT FOR THAT ACTUAL USE.

>> IS THE CONTRACTOR FIND FOR NOT COMING TO THE CITY?

>> THE CITATION ITSELF WAS ISSUED, MY UNDERSTAND ISSUED TO THE INSTALLER. THAT SAID, WE ARE NOT AT THIS MOMENT, THE SPECIAL PERMIT DOES NOT CONCERN DIRECTLY AND THAT THIS SEPARATE CIVIL ISSUE.

>> SO THEY -- IN ADDITION TO PUTTING THE CARPORT, THE INCREASE THE WIDTH OF THE CONCRETE PAD FOR THE DRIVEWAYS

THAT CORRECT? >> INTO THE SIDE YARD

SETBACK? >> YES.

THE CONCRETE ITSELF IS TECHNICALLY ALLOWED TO GO INTO THAT AREA. NATURALLY, AS PART OF THE PERMITTING PROCESS WE WOULD ENSURE THINGS LIKE DRAINAGE PATTERNS AND THE STRUCTURAL COMPONENTS OF THE CONCRETE ARE MEETING CITY STANDARDS AND NOT INCREASING RUNOFF TO ADJACENT PROPERTIES. THAT IS WHERE THE ENGINEERING DRAWINGS WOULD COME INTO PLAY.

>> YOU MENTIONED APPROVAL OF A VARIANCE TO THE SETBACK.

CAN YOU EXPLAIN MORE ABOUT THAT?

>> CERTAINLY. AS WE MENTIONED THE STRUCTURE WAS NOT CONFORMING WITH THE SETBACK.

THE SETBACK REQUIREMENT FOR A STRUCTURE IS 3 FEET FROM AN ADJACENT PROPERTY. THAT SAID, IN ORDER FOR THAT TO CHANGE OR RATHER FOR THE STRUCTURE TO REMAIN IN ITS EXISTING LOCATION, THE VARIANCE WOULD HAVE TO BE ENACTED WHICH IS A ROLE OF THE BOARD OF ADJUSTMENT.

AND SO THE BOARD OF ADJUSTMENT DID HAVE OR DID REVIEW THIS AND TOOK ACTION A COUPLE OF MONTHS AGO.

IN REGARDS TO APPROVING THE REDUCTION FROM 3 FEET TO ONE AND A HALF FEET KEEP IN MIND THAT DOES NOT SIMPLY ALLOW FOR THE PROCESS TO MOVE FORWARD. IT DID NOT IN ANY WAY ACTUALLY APPROVE THE CARPORT, OR ITS EXISTING CONDITIONS, SIMPLY

REDUCE THE SETBACK. >> I AM A LITTLE CONFUSED ABOUT BOARD OF ADJUSTMENTS. I THOUGHT PMC WOULD HAVE TO BE INVOLVED ON THE SIDE YARD SETBACK.

>> ALEX CAN COMMIT IF YOU WANT.

>> THE SUP PROCESS DOES NOT ALLOW FOR VARIANCE TO BE GRANTED AS A PART OF THAT. A SPECIFIC VARIANT THAT WOULD BE REQUIRED UNDER OUR CODE IS TO BE GRANTED BY THE BOARD OF ADJUSTMENTS SUCH AS A SETBACK.

MAY NOT BE HANDLED THROUGH THE SNP PROCESS BUT THERE WERE TWO SEPARATE PROCESSES. FORGETTING BOTH OF THOSE THINGS APPROVED. THAT IS SPECIFICALLY NOT PERMITTED TO HAVE THE VARIANCE PROCESS.

THEY ARE SEPARATE. >> OKAY.

>> AND SO THE CITY IS RECOMMENDING DENIAL.

ARE YOU ALL THINKING THEY NEED TO MODIFY WHAT THEY'VE DONE TO BE IN COMPLIANCE, TEAR IT ALL OUT?

>> EITHER EITHER OR. WERE LOOKING FOR CODE COMPLIANCE AND WHICHEVER FORM THAT COMES.

IT REQUIRES REMOVAL OF THE STRUCTURE ESPECIALLY IF IT'S NOT APPROVED TODAY IT WOULD ESSENTIALLY HINT AT THAT.

BUT AT THE END OF THE DAY ALL WE ARE LOOKING FOR IS CODE COMPLIANCE. IN REGARDS TO THE ITEMS

TODAY. >> DID YOU SAY THERE HAS BEEN REPORTS FROM NEIGHBORS, ET CETERA, HAS IT BEEN VERIFIED THERE'S A DRAINAGE ISSUES BECAUSE OF THE PAD AND/OR

CARPORT? >> THERE HAVE NOT.

THERE ARE SERIOUS CONCERNS IN REGARDS OF THAT SIMPLY BY THE NATURAL CONDITIONS OF ADDING CONCRETE 2 INCHES AWAY FROM A

[01:35:03]

FENCE LINE. THE APPLICANT HAS HINTED OR AT LEAST STATED THE CONDITIONS ARE ACTUALLY IN IMPROVEMENT ON THE SITE. THAT SAID, THAT'S NOT A STATEMENT MADE BY A PROFESSIONAL ENGINEER OR BY PROFESSIONAL ASSESSMENT. AND THUS, THOSE TO BE THE KIND OF REQUIREMENTS NECESSARY TO HAVE A BUILDING PERMIT IS PART

OF THE ACTUAL BUILDING SAFETY. >> THANK YOU, QUESTIONS ANYONE? CARLOS I HAVE A QUESTION.

LOOKING THROUGH THIS AND I KNOW WERE REQUESTING S&P AFTER THE FACT READ HOW THE APPLICANT HAD THEY REQUESTED AHEAD OF TIME IS IT A NORMAL REQUIREMENT TO HAVE AN ENGINEERING SEALED STRUCTURAL DRAWING FOR THE CARPORT?

>> YES. >> OKAY THANK YOU.

>> HOW OLD IS THE UNIT? >> ARE A?

>> HOW OLD IS A BOOM IS A BELT? LIKE THE ACTUAL STRUCTURE WAS LIKELY TWO YEARS AGO THIS WAS FIRST BROUGHT TO OUR ATTENTION.

>> HOW LONG HAS THE CITY REQUIRED TO GET PERMIT INFRASTRUCTURES OVER 500 SQUARE FEET? OR COULD YOU REPEAT THE QUESTION?

>> HOW LONG IS IT BEEN A CITY REQUIREMENT FOR STRUCTURES, AS THIS, TO HAVE A PERMIT OVER 500 SQUARE FEET?

>> TO MY KNOWLEDGE AT THE VERY LEAST OF THE EXCEPTION OF THE

2006 VERSION OF THIS CODE. >> AT THE VERY LEAST.

>> ARE THERE ANY MATERIALS IF ANY WAS TO BUILD A CARPORT ARE THERE ANY MATERIAL REQUIREMENTS YOU ALL ABIDE BY? THIS LOOK LIKE A UNIT YOU'D SEE ON A RANCH MAYBE THAN A RESIDENTIAL NEIGHBORHOOD. I AM CURIOUS IF ANYTHING

REQUIRES A CERTAIN BUILDOUT? >> TYPICALLY AND A LOT HAS TO DO WITH VISIBILITY, ESPECIALLY IF IT'S A PUBLIC RIGHT AWAY AND THINGS OF THAT SORT. IT DOESN'T STIPULATE, CORRECT ME IF I'M WRONG, CONNOR, SIMPLY MATCHING THE LOOK OF THE ACTUAL HOME. THAT SAID THERE IS NO LONGER, AS OF 2019 IN STATE LEGISLATION BUILDING INSPECTION IS NO LONGER ABLE TO REQUIRE A SPECIFIC BUILDING MATERIAL FOR ANY OF THEIR PERMIT.

AS LONG AS THEY MEET CODE COMPLIANCE IN REGARDS TO FIRE.

>> TO THE GIVE YOU THE NAME. [INAUDIBLE] GIVEN THE NAME OF THE CONTRACTOR WHO BUILT THE

CONSTRUCTION? >> I DO BELIEVE IT STATED IN THE, NOT REPORT, BUT PACKET. BUT I DON'T KNOW OFF THE TOP

OF MY HEAD. >> IT SHOULD BE IN HIS

SUBMITTAL PACKET. >> YES, SIR?

>> THE APPLICANT INSTALLS THE GATE AND GETS THE PERMIT AND GET THE ENGINEERING DRAWINGS, AND HE MAKES ANY MODIFICATIONS NECESSARY TO COMPLY WITH THE STORM WATER AND DRAINAGE, WILL HE BE IN COMPLIANCE WITH THE CODE?

>> AT THIS IS APPROVED AND HE MEETS CODE COMPLIANCE, THEN HE WOULD BE IN COMPLIANCE WITH THE CODE.

THAT SAID, ALL THOSE CONDITIONS DO HAVE TO BE MET BEFORE THE STRUCTURE ITSELF IS CONSIDERED CONFORMED?

>> OKAY THANK YOU. >> MADAM CHAIR I HAVE QUESTIONS AND OBSERVATIONS. THE OWNER WILL HAVE HIS CHANCE TO PLEAD HIS CASE. JUST AS A POINT OF INFORMATION I WAS ACTUALLY BOARD OF ADJUSTMENTS OR THIS CASE CAME BEFORE US. PERSONALLY THERE ARE SEVERAL THINGS BACK WHEN I WAS ON THE BOARD OF ADJUSTMENTS I WISH I WOULD HAVE DISCUSSED WITH BOTH THE OWNER AND WITH THE STAFF.

UNFORTUNATELY I THINK THE BIGGEST UNKNOWN HERE IS THE IMPACT TO THE ADJACENT HOMEOWNER.

I SEEM TO REMEMBER WHEN I WAS ON THE BOARD OF ADJUSTMENTS PROVIDED BY THE ADJACENT HOMEOWNER SHOWING SOME PONDING GOING ON IN HER HOME THEN AS I SAID I'VE HAD A LITTLE BIT OF

[01:40:02]

TIME TO THINK THIS THROUGH. I DO HAVE A FEELING THAT SHE HAS A POINT. IN HIND SIGHT THAT HAS BEEN ONE OF MY BIGGEST REGRETS FOR BEING HONEST TO YOU FOR HAVING DEVOTED TO THE APPROVAL ONE HOUSE ON THE BOARD.

HERE'S WHAT HAPPENED. THAT DRIVEWAY ORIGINALLY BETWEEN THE EDGE OF THE DRIVEWAY AND THE HEADLINE IN THE GRASS THIS CLARIFICATION HE BASICALLY CAME IN AND PAVED FROM TO THE FENCE LINE. THERE IS ZERO GRASS LEFT.

THE WAY I WOULD ANTICIPATE THE DRAINAGE ON THAT PARTICULAR DRIVEWAY WOULD HAVE RUN IS THAT WITHOUT THE CARPORT THE RAIN WOULD HAVE FALLEN INTO THE DRIVEWAY AND FLOWED WHEN HE PUT IN THE CARPORT HE CHANGED DIRECTION OF THE FLOW FROM THE BACK OF HIS HOUSE DOWN TO THE ALLEY BECAUSE THAT STRUCTURE IS AN A-FRAME STRUCTURE IS SHUTTING THE WATER TO THE SIDES. THE SIDE THAT LEADS OVER TOO HAVE THE PRIVATE PROPERTY THAT APPEARS TO BE DRAINING PROPERLY. MY BIGGEST CONCERN IS IS IMPACT TO THE NEIGHBOR. THE WAY THE DRAINAGE AND MY MIND SEEM TO WORK IN THE PAST WITH GRADES AND SO FORTH DELINEATED IT'S MY UNDERSTANDING PART OF THE WATER FROM THAT DRIVER WOULD FLOW TO THE PROPERTY LINE FROM HIS SIDE IN PART OF THE PROPERTY FROM HIS NEIGHBOR WOULD FLOW TO THE PROPERTY LINE.

THAT WOULD SHUT IT DOWN TO THE SOUTH TOWARD THE ALLEY.

THE PROBLEM BY PAVING TO THE FENCE LINE IS THAT YOU HAVE CHANGE THE PATH AND IN FACT THE AMOUNT OF WATER THAT IS HITTING THE PROPERTY LINE. SO, AT AN ABSOLUTE MINIMUM I THINK YOU NEED TO WORK WITH YOUR NEIGHBOR AND MAKE SURE YOU REDIRECT THE WATER THAT IS GOING SIDEWAYS INSTEAD OF BACK TOWARDS THE ALLEY. AT THE PROPERTY LINE TO GET THAT WATER FROM GOING INTO YOUR NEIGHBOR'S HOUSE.

SO, THAT IS MY OBSERVATION I WILL LET STAFF AND THE HOMEOWNER CLARIFY. IN FACT, THERE ARE SOME PICTURES IN THE PACKAGE THAT SHOW THAT.

BEAR WITH ME JUST A SECOND I WILL GET TO THE ONE SPECIFICALLY THAT I WOULD LIKE TO CITE.

>> PROBABLY FROM THE ALLEY OF VIEW.

>> I THINK IT WAS EXHIBIT C. PAGE SEVEN THAT SHOWS THE AREA BETWEEN THE CARPORT AND THAT FENCE LINE.

YOU CAN SEE IT IS PAVED RIGHT TO THE FENCE.

AND YOU CAN SEE WHERE THE WATER IS COMING OFF OF THAT CARPORT AND GOING RIGHT INTO WHAT APPEARS TO BE A ONE OR 2-FOOT GAP BETWEEN THE EDGE OF HIS CARPORT AND THE OFFENSE THAT IS ALONG THAT PROPERTY LINE.

THAT IS ALL I HAVE AT THIS POINT.

>> THANK YOU SIR. ANY OTHER QUESTIONS BEFORE WE BRING THE APPLICANT UP FOR ST STAFF? THANK YOU. IF THE APPLICANT WOULD LIKE TO COME UP, BUT THERE PRESENTATION PLEASE SAY YOUR NAME AND ADDRESS FOR THE RECORD.

>> MY NAME IS STEFAN AND I AM THE OWNER 810 ROAD IN ROLLA TEXAS. LADIES AND GENTLEMEN THANK YOU FOR YOUR TIME. [INAUDIBLE] I PREPARED THIS PRESENTATION IN LIEU OF THE PROBLEMS THAT MIGHT BE FORESEEN THAT MR. FRISBY JUST BROUGHT UP.

[01:45:05]

I WANT TO THANK HIM FOR THAT THIS IS GOING TO ADDRESS EVERYTHING. I WANT TO GIVE A LITTLE HISTORY ABOUT MYSELF. I AM AN HONORABLE DISCHARGE U.S. MARINE. IT'S REALLY, REALLY SUBPAR FOR ME AND I HAVE INSTALLED THIS CARPORT AND BEEN TAKEN ADVANTAGE OF. I WILL GET TO THAT IN THE NEXT SLIDE. I SAVED FOR A COUPLE OF YEARS FOR THIS TO TRY TO IMPROVE MY PROPERTY NOT ONLY IN VALUE BUT IN FUNCTION. I HAVE BEEN A RESIDENT SINCE I'VE MOVED HERE IN MAY OF 2000 LIVE FROM SAN DIEGO WHEN I WAS HONORABLY DISCHARGED FROM THE MARINE CORPS PART OF US FINISH MY ASSOCIATES IN BUSINESS MANAGEMENT AND MY BACHELORS IN INFORMATION TECHNOLOGY FROM THE UNIVERSITY OF DALLAS THROUGH THE REHABILITATION PROGRAM BUT I'VE NEVER HAD ANY DEROGATORY INSTANCE I TRY TO KEEP TO MYSELF AND LIVE A QUIET LIFE AND ABIDE BY THE RULES AND REGULATIONS OF THE CITY I LIVE IN. I HAVE COLLECTED 29 LETTERS FROM ALL BUT ONE OF MY NEIGHBORS.

I CAN PROVIDE THOSE IF NECE NECESSARY.

THERE WERE SIX POSITIVE RESPONSES, ONE NEGATIVE.

THE VISUAL WAS NOT PROVIDED OF THE LAST RESPONSE OF THE NEIGHBORHOOD JUST BOUGHT THE HOUSE AT 8000 GARNER.

PROBABLY DO BECAUSE THE FORWARDED MAIL TO THE OLD OWNER HAS NOT CHANGED OVER YET.

I CAN PROVIDE THOSE IF NECE NECESSARY.

MY DISABILITIES, I CAN PROVIDE THOSE AS WELL FROM THE VA WEBSITE MY HIGHEST RATING IS FOR PTSD, SECOND ONE IS FOR SLEEP OPERATION THAT DID NOT GO WELL TO THE NAVAL HOSPITAL UNFORTUNATELY. MY VA DISABILITY LETTER UNDERLINES AND SHOWS I'M ONE 100% TOTAL RATE OF DISABILITY. SO WHAT I DO ON MY PROPERTY, LIKE I SAID IS TRY TO IMPROVE IT.

NOT ONLY FOR RESALE VALUE BUT TO MAXIMIZE THE AMOUNT OF SPACE THAT I HAVE TWO WORK IN AND LIVE IN.

I'VE ALSO PROVIDED MY VA SCHEDULE DISABILITY LETTER FOR EMPLOYMENT. ALL OF THAT I CAN FORWARD YOU GUYS IF NECESSARY. BUT HOW WE GOT HERE IS VERY SIMPLE. C AND H CARPORT MISLED ME.

I AM ONE OF TWO KNOWN PEOPLE IN REAL LEAD THAT I AM AWARE OF, THAT WAS TOLD THE PERMIT WAS NOT NEEDED FOR THIS.

I'M NOT GOING TO NOT TAKE BLAME MYSELF, SHOULD HAVE DONE A LITTLE MORE RESEARCH, THIS IS THE FIRST PROPERTY I HAVE OWNED ON ITS OWN LAND, I WAS AT FAULT AS WELL ON THIS.

I'M TRYING TO BRING THIS UP TO CODE AND RESOLVE IT EVEN THOUGH IT'S KIND OF A BACKWARD SITUATION.

C AND H CARPORT KNOW FROM THE BEGINNING MISLED ME IN THE PERMIT APPLICATION NECESSITY BUT, THEY DROPPED OFF MATERIAL AND TOOK OFF AND I SAID WHAT WAS GOING ON? YOU ARE SUPPOSED TO INSTALL A CARPORT.

THE CONCRETE WAS ALREADY THERE.

THEY TOLD ME THEY HAD A PROBLEM WITH THE CREW.

SO THEY FINALLY SENT SOMEBODY TO INSTALL IT.

BUT IT WAS TWO WEEKS AFTER THE FACT.

WHEN I WAS APPROACHED BY THE CITY I WAS MORE THAN WILLING TO COMPLY WITH ANY AND ALL QUESTIONS, GIVE THEM PAPERWORK FROM C AND H CARPORT. I WAS ASKED TO BE A WITNESS FOR THE CITY OF ROLLA FOR AMY THOMAS AGAINST C AND H CARPORT I ENTHUSIASTICALLY AGREED THINKING THIS WOULD GIVE ME SOME LEVERAGE AS A HOMEOWNER AGAINST A COMPANY TO COME IN AND FIX THIS. I WORKED WITH HER FOR MONTHS FROM NOVEMBER OF 20, I'M SORRY NOVEMBER OF 20 ROUGHLY OCTOBER -- NOVEMBER WHEN SHE CONTACTED ME UP UNTIL THE COURT DATE OF THE 21ST OF MAY.

IT WAS A ZOOM COURT DATE. AND FOR SOME REASON IT WAS DROPPED IN COURT SO NOTHING WAS FINED.

I MENTION THIS IS GOING TO AUSC7

>> IN PROVIDING ANY SORT OF DOCUMENTATION FOR THIS. I KNOW IT WAS ENGINEERED TO WITHSTAND THE WINDS BECAUSE IT'S BEEN THROUGH WHEN STORMS THE PAST TWO AND HALF YEARS.

I TRIED CALLING SEVERAL TIMES AFTER THE 521 COURT DATE AND IT IS AN ENDLESS CIRCLE.

[01:50:06]

IT WILL HAVE TO BE REVERSED ENGINEERED BY COMPANY THAT I HIRED TO COME IN AND TAKE THE MEASUREMENTS. AND DO THEIR STAMP OF APPROVAL OF IT.

I HAVE OFFERED MY COMPLETE COOPERATION OVER THE PAST TWO YEARS.

TRYING TO FIX THIS PROBLEM THAT WAS CREATED. EXAMPLES OF MY DUE DILIGENCE THE OVEN DOING IN MARCH, I WENT DOOR-TO-DOOR WITH PETITIONS AND GIVE THEM TO AMY AND I ALSO PASS THEM ON TO CARLOS. FOR ACTIVELY WORKED WITH SEVERAL INSPECTORS SINCE I WAS NOTIFIED IN JUNE OR MAY 2019. TO INCLUDE CLAYTON HUBBARD, MARK, ALEX COMING, CARLOS, BILL JACKSON, AND THE CITY ATTORNEY THAT I MENTIONED. I ALSO WORKED, UNFORTUNATELY WITH TWO POLICE DETECTIVES THAT HAVE HANDLED THE TWO BURGLARIES AND ONE THEFT SINCE FEBRUARY OF SINCE FEBRUARY 2019, THAT IS HAPPENED ON MY PROPERTY. AND, OVER, THIS IS ALL PUBLIC RECORD OF THE ROWLETT POLICE DEPARTMENT. I HAVE GIVEN THEM ON MY LIST OF EVERYTHING THAT WAS STOLEN AND WHAT WAS IN IT AND IRONICALLY THE PICTURE THAT I SUBMITTED TO THE POLICE DEPARTMENT SHOWS FLOODING PRIOR TO THE INSTALLATION OF THE CARPORT AND THE CEMENT. WHICH I HAVE OUTLINED IN A DIAGRAM AND SUBMITTED INTO EVIDENCE OF THE ROWLETT POLICE DEPARTMENT WHEN THE PICTURE WAS TAKEN FROM GOOGLE EARTH.

THE TOTAL LOSS, THIS IS WHERE MY TRAILER WAS STOLEN OUT OF THE DRIVEWAY, YOU CAN SEE THE GRASS THERE. THE CHAIN WAS CUT AND I HAVE FOUR DIFFERENT SECURITY THINGS ON AND THEY JUST ABSCONDED WITH IT. THE TOTAL LOSS OF EVERYTHING WITH THE TRAILER AND THE TWO BURGLARIES OF THE TRUCKS, TOOLS, PERSONAL ITEMS AND CASH WAS OVER $60,000. I THINK IT WAS $64,000 TOTAL. THAT WAS TAKEN.

SO, I FOLLOWED UP WITH EMAIL TO ROWLETT PD BUT SINCE THE TWO HOUSES TO THE EAST OF ME, WANT TO THE EAST DIRECTLY ONTO THE SOUTHEAST DIRECTLY, IT USED TO BE A FIELD.

IT WAS ALL OPEN. EVERYBODY COULD SEE WHAT EVERYBODY WAS DOING.

ONCE THOSE TWO HOUSES WERE BUILT IT CREATED A SORT OF HAVEN FOR MISCONDUCT, I GUESS.

BUT I HAVE NEVER HAD ANYTHING STOLEN OFF OF MY PROPERTY THE WHOLE TIME I HAVE BEEN HERE UP UNTIL THOSE TWO HOUSES WERE BUILT. AT THE AGAINST THOSE TWO HOMEOWNRS BUT IT HAPPENED TO CREATE A LESS AREA TO WORK IN FOR THIEVES.

NOW THIS CARPORT, IN FUNCTIONALITY, PROVIDES STORAGE, COVER AND PRESSURE FOR THE TRAVEL TRAILER AND OTHER VEHICLES ON THE PROPERTY. IT SAVES MONEY FROM HAVING TO PAY FOR OFF PROPERTY COVER TRAILER STORAGE AND ALLOWS THE EASE OF AXIS WHEN THERE IS INCLEMENT WEATHER. FOR ME, PRIMARILY, A LOT OF TIMES I CANNOT WALK WITHOUT A CANE. IT IS GETTING TO THE POINT WHERE, NOT GETTING OUT IN THE RAIN IS A NICE THING. LIKE I SAID PREVIOUSLY MY INTENT WAS ALSO TO ADD VALUE TO THE PROPERTY THROUGH AN EXTREMELY NEEDED USEFUL AESTHETICALLY GRATIFYING STRUCTURE THATCOMPLEMENT THE PROPERTY AND DOES NOT STICK OUT LIKE A SORE THUMB.

IT IS A WHITE ROOF . THERE ARE OTHER CARPORTS IN THE AREA AND SHEDS THAT ARE AT LEAST AS LARGE OR LARGER THAN MINE. THE INCREASE OF THE SECURITY ROLLING GATE WHEN THAT PERMIT IS ALLOWED TO GO THROUGH ITS PROCESS AFTER THIS IS SAID AND DONE WILL SECURE MY PROPERTY TO THE POINT WHERE I WON'T HAVE TO WORRY ABOUT STUFF BEING STOLEN OUT OF MY DRIVEWAY OR VEHICLES BEING BROKEN INTO. THE CARPORT AND CEMENT IMPROVES THE DRAINAGE. I KNOW IT IS HARD TO BELIEVE THIS BUT BY LESSENING THE AMOUNT OF WATER THAT THE GROUND HAS TO ABSORB. THE GROUND AREA THAT YOU WILL SEE IN THE NEXT SLIDE, BEFORE THE CEMENT, WHICH IS ANGLED TOWARD MY DRIVEWAY AT A SLED DECLINATION, WAS JUST A POND OF WATER. BECAUSE THE TWO PROBLEMS THAT

[01:55:01]

WERE BUILT, WONDERFULLY TO THE EAST AND WONDERFULLY TO MY SOUTHEAST WERE BUILT ON THE FILL. THEY ARE PROPERLY SET HIGHER THAN MINE.

EVER SINCE THEY BUILT IT, THAT FIELD WAS NOT A DRAINAGE FIELD ANYMORE.

NOW THE DRAINAGE FIELD WAS MY EASTERN PROPERTY LINE SINCE I AM THE LOWEST AND OLDEST PROPERTY IN THE AREA. I DON'T KNOW HOW THAT HAPPENED OR, I NEVER COMPLAINED ABOUT IT EITHER. THE MAIN REASON WAS I WAS GETTING MORE WATER TO MY FOUNDATION AND KEEPING IT IN PLACE AND NOT ALLOWING IT TO MOVE INTO PLACE.I WASN'T REALLY TOO UPSET ABOUT IT. LOST THE USE OF MY SIDE YARD BUT I DOUBT AND OVERCAME AND USED PELLETS TO PUT DOWN THAT MATERIAL THAT WANT TO KEEP OUT OF THE WATER WHICH IS WHAT I AM USED TO DOING AS A MARINE. THE ULTIMATE LESSENING WATERSHED OFF OF THAT, THE ROOF OF THE --OKAY. ON THIS SLIDE YOU WILL SEE THE NEW CEMENT BEING POURED ON AGGREGATE. IT IS SIX ZACH 5500 PSI. THE STRONGEST CEMENT YOU CAN GET TO A JOINT A DRIVEWAY TO, TO ENSURE LONGEVITY AND STRENGTH.

IT IS ALSO, IT HAS REBAR IN THE CONSTRUCTION OF IT AND I TOOK PICTURES OF IT WHILE IT WAS BEING CONSTRUCTED. IT IS ELEVATED AND LEANING TOWARD THE EXISTING DRIVEWAY.

THE GOOD THERE AND STAND IN THE CORNER OF MY FENCE ON THE EASTERN, NORTHEAST CORNER OF THE FENCE AND THROUGH FIVE GALLON BUCKET OF WATER DOWN THEN EVERYTHING GOES TO MY DRIVEWAY. THEN, ULTIMATELY OUT TO THE ALLEY.

THE CONSTRUCTION OF THE REINFORCED SLAB OVER REBAR IS TIED INTO THE EXISTING DRIVEWAY. THE CEMENT IS FINISHED AND BRUSHED ALSO TO HELP IMPROVE FLOW OF WATER TOWARD MY DRIVEWAY FROM THE EAST TO WEST. THE ACTUAL CONSTRUCTION OF THE ROOF , IT MINIMIZES THE AMOUNT OF WATERSHED ON THE SIDE AS YOU CAN SEE AS THE WORK INSTALLING IT AND I WAS TAKING PICTURES FOR INSURANCE PURPOSES. THE RAIN GUTTERS RUN NORTH TO SOUTH FROM THE HOUSE TO THE ALLEY. YOU LITERALLY HAVE A WATERFALL AT THE END OF MY, MY DRIVEWAY. IT'S LIKE A CAR WASH. EVERYTHING DUMPS OFF RIGHT INTO THE ALLEY. THE AMOUNT OF WATER THAT USED TO PULL IN THE GRASS AREA THAT WOULD FLOOD OUT MY YARD AND ONE FOURTH OF 1014S YARD ON THE SOUTHWEST CORNER OF THE YARD

AND THE NORTH, NORTHWEST CORNER OF 125 ONE WAY. >> EXCUSE ME IN THE INTEREST OF TIME. EVEN APPEAR QUITE A WHILE. DO YOU THINK YOU CAN SUM IT UP

FOR US HERE? THANK YOU SIR. >> YES.

THIS IS THE PICTURE I WAS TALKING ABOUT THAT GIVE TO THE ROWLETT POLICE DEPARTMENT.

ON THE NEXT SLIDE USING THE ZOOM IN OF THE DRIVEWAY AND THE GRASS AREA AND 80 14TH PROPERTY BUT EASY IN THE SOUTHWEST CORNER NOW BUT WHEN MY TRAILER WAS THERE AND THERE ARE TWO CARS PARKED BEHIND IT, YOU CAN SEE THE CLEAR DELINEATION OF FLOODING FOR IN THAT PICTURE.

BEFORE ANYTHING WAS INSTALLED. THIS EXISTED EVER SINCE THE HOUSE AND THE POOL WAS PUT IN.

JUST NORTH OF THE BLUE CIRCLE WHERE IT USED TO FLOOD YOU WILL SEE A LITTLE SIDE AREA THAT ALSO CAGES WATER COMING OFF OF 8014 ELEVATED POSITION INTO MY YARD.

I DID NOT COMPLAIN ABOUT IT BECAUSE IT HELPED WITH MY FOUNDATION AND KEEPING IT IN PLACE. THE PULLING AND FLOODING BECAUSE THAT IS ALL IN THE BLUE AREA. THIS IS WHAT I HAVE DONE TO MITIGATE IT AND IS TO BE A GARDEN BY CANNOTHAVE A GARDEN ANYMORE BECAUSE IT IS A POND. I OVERCAME AND ADOPTED THAT AND CREATED , PUT SOME PALLETS DOWN ON SOME CINDERBLOCKS AND USED IT AS A STORAGE AREA.

THE FRONT LAWN, A GREAT EXAMPLE OF HOW THE HIGHER ELEVATION OF 8014 DEVELOPED ITS OWN DRAINAGE INTO MY YARD. IF YOU ARE LOOKING FOR MY SIDE OF THE FENCE ON THE RIGHT YOU CAN SEE HOW THE POOLING IS ALL ON MY SIDE OF 8010. IT STOPS AT THE FENCE LINE WITH ELEVATED PROPERTY OF 8014 SIX. YES, THERE IS FLOODING BUT WE LIVE IN A PREDOMINANTLY SOIL BASED AREA IN THIS PART OF TEXAS, AND FORTUNATE. AS IT MAYBE. BUT YOU CAN SEE THE POOL REFLECTING THE SKY AND HOW THERE'S NO FLOODING ON 80 14TH BECAUSE OF THE ELEVATED

[02:00:02]

POSITION. I WAS TIGHTENING THE BOLTS ON THE SIDE PANEL MAKING SURE THAT EVERYTHING WAS FINE AND APPLYING ANTICORRUPTION TO THE VERTICAL SUPPORTS AND NOTICED THAT THE SHEDDING OF WATER IS ACTUALLY WORKING BETTER NOW THAN IT DID IN THE PICTURE THAT WAS PROVIDED TO THE ROWLETT POLICE DEPARTMENT. THAT GARDEN LOOKS GREAT AND THAT IS 8014. SO, THESE WERE TAKING TWO MONTHS AGO.

THIS IS MY YARD SITTING LOWER. I HAVE ALWAYS HAD FLOODING PROMS WE HAVE MASSIVE RAINS JUST LIKE EVERYBODY DOES IN THIS AREA DUE TO THE SOIL COMPOSITION.

IT HAS BEEN LIKE THIS SINCE I MOVED IN. SO FLOODING IS A COMMON OCCURRENCE HERE ESPECIALLY WHEN THE ALLEY SITS HIGHER THAN THE PROPERTIES AROUND IT.

THE ONLY PLACE THE ALLEY DOES NOT SET HIGHER THAN THE PROPERTIES AROUND IT IS ON THE CORNER OF THE TWO NEW PROPERTIES THAT ARE BUILT ON MY EASTERN, SO THERE WATERSHED ACTUALLY FLOWS OUT OF THEIR YARDS INTO THE ALLEY LIKE IT SHOULD.

MINE LEACHES OUT SLOWLY AND MOSTLY TO THE GROUND. SO, THE SOIL WATERSHED CONDITIONS BEFORE ARE STILL THERE AND IS NEVER GOING TO CHANGE UNLESS WE CHANGE THE SOIL COMPOSITION OF THE WHOLE NEIGHBORHOOD AND THEY HAVE DRAINAGE ISSUES DUE TO THE SOIL COMPOSITION. THE FOLLOWING SLIDES JUST GIVE YOU AN IDEA OF WHAT IS BEING ALLOWED TO BE PUT UP IN THE AREA. THERE IS A MUCH LARGER THAN MY CARPORT STORAGE BUILDING IN A BACKYARD OR ON A MAIN STRIP OF PRINCETON.

ACROSS THE PARK ON THE NORTH SIDE OF MY PROPERTY THAT IS A SIMILAR STRUCTURE THAT ONLY HAS SEVEN SIDE SUPPORT INSTEAD OF EIGHT. IT IS APPROXIMATELY AS WIDE AND ABOUT 20 FEET. IT IS PRETTY MUCH AS TALL AS MY STRUCTURE.

AROUND THE CORNER OF THE ALLEY FOR ME THERE IS A HUGE SHED THAT IS LITERALLY THE SIZE OF A HOUSE WITH A CARPORT THAT ABUTS TO AND OVERHANGS THE ROOF OF THE PROPERTY OF THE MAIN RESIDENCE. LITTLE CLOSER LOOK AT IT. THERE IS A SHED THAT IS AS TALL AS A TWO-STORY HOUSE, LITERALLY IN EIGHT OF A MILE DOWN THE STREET FROM ME.

AND ANOTHER CARPORT THAT IS BASICALLY THE SIZE OF THEIR DRIVEWAY.

SO WHAT I AM TRYING TO SAY IS, I AM TRYING TO, I HAD IT IN MIND TO REDUCE WATER ON THE PROPERTY BY LEANING THAT GREAT OF CONCRETE TOWARDS MY DRIVEWAY WHICH WAS MY WHOLE INTENT AS WELL AS THE ROOFING AND HOW IT SHEDS WATER NOT TO THE SIDE LIKE A FLAT ROOF DOES BUT A CORRUGATED ROOF SHEDS FRONT TO BACK WHEN IS PUT ON A TILT. SO THIS CAN ALL BE PROVEN BY A DRAINAGE SPECIALIST IF NEED BE. THAT'S ALL I AM ASKING FOR IS A CHANCE TO DO THAT.

I KNOW IT'S BACKWARDS AND I WAS IN THE TO BE TAKEN ADVANTAGE OF BY THE CARPORT INSTALLER.

AND, THE FOLLOWING SLIDES EVERYTHING AND PUT INTO THE S&P APPLICATION BUT THAT IS MY

PRESENTATION ON THIS TOPIC. >> YOU HAVE ANY QUESTIONS FOR THE APPLICANT?

YES MA'AM. >> FIRST I LIKE TO THANK YOU FOR YOUR SERVICE.

>> THANK YOU MA'AM. >> WHO INSTALLED THE CONCRETE? >> A CONCRETE INSTALLER THAT WAS RECOMMENDED TO ME THAT DOES CONCRETE WORK COMMERCIAL AND RESIDENTIAL PURPOSES.

>> DID YOU HAVE DRAWINGS, ENGINEERED DRAWINGS? >> NO, HE DIDN'T.

>> BUT THE CONCRETE HAS A SLOPE SO IT IS DRAINING AWAY FROM YOUR NEIGHBOR?

>> IT SLIPS AWAY FROM MY NEIGHBOR AT A SIGNIFICANT ANGLE BUT IF YOU THROW A FIVE GALLON BUCKET OF WATER, IF YOU ARE FACING THE ALLEY IT ALL GOES INTO MY MAIN DRIVEWAY AND THEN

DOWN INTO THE ALLEY. >> OKAY. THANK YOU.

>> THANK YOU MA'AM. >> DO YOU HAVE A CONTRACT WITH CNH, > I DID.

I HAD A PURCHASE AGREEMENT.> DID THAT PURCHASE AGREEMENT STATE THEY WOULD GO AHEAD AND

APPLY FOR OR OBTAIN ANY REQUIRED PERMITTING? >> I BELIEVE IT DID.

I TURNED IT INTO CLAYTON HUBBARD INITIALLY WHO GAVE IT TO AMY THOMAS I THINK.ND IT FOUND ITS WAY TO AMY AND THAT IS WHY THEY BROUGHT IT, THE INITIALLY CITED THEM AND BROUGHT THEM TO COURT. AND I WAS BEING USED AS A WITNESS FOR THE CITY.

[02:05:07]

>> YOU STILL HAVE A COPY OF THAT CONTRACT? >> I SHOULD.

YEAH IF NOT THERE SHOULD BE ONE IN THE BUILDING AND PLANNING WITH AMY THOMAS AND IN HER

FILES. >> OKAY, THANK YOU.>> HAVE YOU KIND OF AGREE TO SOME OF THE THINGS THAT THE CITY STAFF WITH PLANNING HAS TALK TO YOU ABOUT?

>> SAY THAT AGAIN SIR, >> I SAID HAVE YOU AGREED WITH SOME OF THE ITEMS THAT THEY

HAVE TALKED TO YOU ABOUT IN CORRECTING THIS TO GET THIS? >> YES, IN HAVING THE DRAINAGE SURVEY DONE, THE REVERSE ENGINEER, THE STRUCTURAL VIABILITY.

YES. >> ANYONE ELSE? YES?

>> LAST NAME IS SIMPSON? >> SANDSTONE. >> FIRST I, TOO, WANT TO THANK YOU FOR YOUR SERVICE. I KNOW THAT WHAT YOU AND ALL THE VETERANS HAVE DONE FOR OUR COUNTRY AND OUR COMMUNITIES IS EXTREMELY VALUABLE. WANT TO SAY THANK YOU FOR THAT.ASIDE FROM THAT I WANT TO FOLLOW UP WITH YOU AND THE REST OF THE BOARD THAT THE VALUE, SHOULD WE APPROVE OR DENY YOUR PETITION HERE.BUT MAINLY IF WE APPROVE IT, IT IS REALLY CRITICAL THAT WE PROVE THAT AND I AM NOT DENYING WHAT YOU ARE SAYING, BUT THE GRADES ARE VERY FLAT AS YOU HAVE SAID. IT IS IMPOSSIBLE TO TELL JUST BY LOOKING AT IT WHAT THAT WATER IS DOING. WE NEED TO GET AN INDEPENDENT OPINION, A PROFESSIONAL OPINION PERTAINING TO THE DRAINAGE. I CAN ASSURE YOU THAT YOUR STRUCTURE AS YOU SAID IS GOING TO TAKE A TORNADO TO PUT THAT THING AWAY. I CAN TELL YOU THAT AS AN ENGINEER. BUT THE BIG COMPONENT HERE AND THAT IS THE BIGGEST DOUBT THAT WE REALLY HAVE TO HAVE, THE BIGGEST QUESTION MIGHT HAVE ANSWERED IS WHAT IS GOING ON

WITH THAT WATER. AS NOTHING AGAINST YOU SIR. >> I UNDERSTAND.

>> BUT WE HAVE AN OBLIGATION TO THE CITIZENS AND THE NEIGHBORHOOD TO MAKE SURE THAT NOTHING THAT IS BEING DONE IS MAKING THINGS WORSE THAN IT NEEDS TO BE.

WE UNDERTAND THAT YOU ARE A VICTIM OF BASICALLY FRAUDULENT BUSINESS PRACTICES BY THIS CONTRACTOR WHO LEFT YOU HANGING HIGH AND DRY. HAD HE DONE OR HAD THEY DONE THEIR JOB PROPERLY AND ETHICALLY THEN WE WILL NOT BE HAVING THIS CONVERSATION.

I AM OKAY WITH GRANTING YOUR PETITION WITH THE STIPULATIONS AND REQUIREMENTS THAT STAFF HAS ASKED OF YOU. AS THE PROPERTY OWNER. QUITE FRANKLY, I DON'T THINK, IRONICALLY I THINK THE ENGINEERING AND INVESTIGATIONS ARE GOING TO BE MORE EXPENSIVE THAN THE ACTUAL FIXES BUT AT LEAST GOING FOR YOU HAVE THE PIECE OF MIND KNOWING THAT YOU HAVE DONE THE RIGHT THING AND THAT THINGS HAVE BEEN TAKEN CARE OF.

>> THANK YOU, SIR. >> ANYONE ELSE? THANK YOU SO MUCH.

FOR YOUR SERVICE AND YOUR TIME TONIGHT. THIS IS A PUBLIC HEARING AND AT THISTIME I LIKE TO OPEN THE PUBLIC HEARING . I DO HAVE ONE CARD FROM A, HOLD ON JUST A MINUTE AND SEE WHO THIS CARD IS. JENNIFER HICKSON.

IS THAT YOU? >> THAT IS CORRECT. >> JENNIFER IF YOU WILL STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR THREE MINUTES.IVE THEM

JUST A MINUTE HERE. >> MORTON WAS DONE IN THIS PRESENTATION THEN WAS DONE ON THE AUGUST 23 PRESENTATION TO REPRESENT REALLY WHAT HAPPENED. WHICH IS UNFORTUNATE.

SO MY NAME IS JENNIFER DIXON AND I AM THE HOME OWNER OF 8014 GARNER ROAD.

TO MAKE A POINT IM THE ONLY HOMEOWNER WHO THIS DIRECTLY IMPACTS.

REGARDLESS OF THE 29 PEOPLE WHO SAID THAT THEY AGREE, THEY ARE NOT IMPACTED BY THIS OTHER THAN VISUALLY IN THE NEIGHBORHOOD. I FIND IT APPALLING THAT I TO STAND UP HERE AND MENTION THINGS THAT ARE COMPLETELY UNTRUE. I ALSO THANK HIM FOR HIS

[02:10:05]

SERVICE, IN A 17 YEAR NURSE AND I HAVE BEEN FIGHTING IN THE PANDEMIC, I AM A SINGLE MOM AND I AM GOING TO GRADUATE SCHOOL. I DID NOT ASK TO DEAL WITH THE FLOODING ISSUE.

NONE OF MY BACKGROUND IS NECESSARY TO BE DISCUSSED. THE ISSUE IS NOT THE FACT THAT IT'S TOO BIG OR IT'S TOO CLOSE, LESS THAN THREE FEET TO MY PROPERTY.

THE ISSUE IS THAT HE DIDN'T GET A PERMIT. HE DIDN'T ALLOW THE CITY TO LOOK AT THE STRUCTURE, TO DECIDE AND ENSURE THAT IT WAS GOING TO WORK IN THAT SPACE.

THAT IS THE ISSUE. THE CONCRETE PAD THAT WAS IMPORTANT TO INSTALL THE STRUCTURE, WHICH MIND YOU, HE USED SOMEONE ELSE AND NOT THE CONTRACTING COMPANY THAT HE IS TRYING TO BLAME THIS ON TO POUR THE CONCRETE. ALSO, HIM AND HIS FRIEND HELP TO INSTALL THIS. I SUPPLIED VIDEOS OF THEM CLIMBING ON TOP OF MY FENCE, AS YOU CAN SEE BY THE FACT THAT HE USED A VIDEO OF MY BACKYARD ANYTIME HE WANTS.

THERE IS NO REGARD FOR WHAT HE WAS BUILDING. I APPROACHED HIM AND ASKED HIM BY TEXT, BY IN PERSON. DOES THIS NEED A PERMIT? IT SEEMS PRETTY LARGE.

NO, DON'T NEED A PERMIT. THERE WAS NO CARE AND NO CONCERN.

I APPROACHED THE CITY TO SIMPLY UNDERSTAND HOW THAT WORKS. THE CITY IS THE ONE WHO WENT OUT, CLAYTON, AND DETERMINED THAT IT WAS GROSSLY NEGLIGENT IN THE FACT THAT IT DID NOT MEET ANY OF THE CODE COMPLIANCE. IT IS TOO BIG, IT IS VISIBLE FROM THE STREET, ALSO. OH. ALSO, IT IS INVISIBLE FROM THE ENTIRE OTHER SIDE OF MY YARD. YOU HAVE TO GO THROUGH MY YARD, I SIT ON ONE FOURTH OF AN ACRE BUT IF YOU GO PAST MY YARD, PAST MY DRIVEWAY AND INTO THE ALLEY AND YOU CAN STILL SEE THE STRUCTURE. AND I WILL SHOW YOU ON THIS PICTURE.

IT JUST KEEPS GOING BACK. OKAY THANK YOU. SORRY.

I PRESSED THE WRONG BUTTON. IF YOU LOOK AT MY HOUSE. ON THE RIGHT-HAND SIDE WHERE THE X IS IS THE ALLEY. RIGHT NEXT TO IT IS MY DRIVEWAY AND THEN MY BACKYARD AND THEN THE WHITE SQUARE IS THE STRUCTURE. IN ORDER FOR WATER TO DRAIN FROM MY BACKYARD IT HAS TO MAKE ITS WAY TO THOSE TWO ALLEYS. SO BY THE FACT THAT IT WAS, THE ALLEY ON THE RIGHT SIDE HAS TO GO THROUGH MY DRIVEWAY AND OUT THE OTHER SIDE, THAT IS ONE EXIT. THE ONLY OTHER EXIT WAS THE ONE THAT WAS HERE, WHICH EXISTED BEFORE HE BUILT THE CONCRETE PAD WHICH WAS NOT BY THE CONTRACTOR THAT HE IS BLAMING

THIS ON.>> I AM SORRY YOU ARE OUT OF TIME HON. >> I THINK IT'S RIDICULOUS THAT I AM HERE AND I AM THE ONLY PERSON THAT IS IMPACTS AND GOT HIM TO GET A PERMIT AND HAVE AS MUCH TIME AS HE WANTS. AND ON THE PERSON WHO HAS SAT HERE TRYING TO TELL YOU WHAT IS GOING ON WITH MY HOUSE. IT WAS NOT REVIEWED ON AUGUST 23.

EVEN THOUGH HE TOLD ME IT WOULD BE READ. NOBODY READ IT OUT LOUD.

NOT ONE PERSON. WHAT WAS WHAT WAS TO SUPPORTING STATEMENTS FROM HIM.

HE DID NOT READ MY LETTER. I AGREE WITH THIS GENTLEMAN WHO CAME UP HERE AND SPOKE.

>> MDM., I AM SORRY BUT YOU ARE NOT THE APPLICANT TONIGHT AND YOU ARE A PUBLIC, YOU ARE

SPEAKING ON THE ITEM. >> HE DID NOT FOLLOW THE RULES. I DID NOTHING WRONG.

>> ARE NOT QUESTIONING THAT WHATSOEVER BUT I AM SORRY THAT YOUR TIME IS OVER.

I HAVE RULES AFTER FOLLOW, TOO. I AM SORRY. >> REALLY? YOU FOLLOW THE RULES, HE DID NOT FOLLOW RULES. AND HOW MUCH TIME YOU GAVE HIM.

>> MDM., PLEASE TAKE YOUR SEAT. YOUR TIME IS OVER. >> OKAY.

ARE THERE ANY OTHER SPEAKERS ON THIS ITEM ON THE AGENDA? DID YOU FILL OUT A CARD ON THIS

ITEM? >> I DON'T THINK HE HAS TO. >> EXCUSE ME MA'AM, I AM

[02:15:04]

SHARING THIS MEETING AND NOT YOU. PLEASE STATE YOUR NAME AND

ADDRESS FOR THE RECORD SIR.>> I JUST WAS APPEAR EARLIER AND MADE A COMMENT.

WHAT IS HAPPENED HERE MADE MY POINT. IT IS UNBELIEVABLE.

I THINK HIM FOR HIS SERVICE. I WAS IN THE MILITARY AND ARE YOU GOING TO THANK ME FOR MY SERVICE? WHAT I AM SAYING IS, IT IS UNBELIEVABLE THAT YOU LET SOMEONE COME UP HERE AND MAKE THEIR PITCH FOR 30 MINUTES, 45 MINUTES AND THEY KEEP GOING FOR 10 MORE MINUTES BUT WILL LOOK AT THE VIDEO WE CAN TIME IT. BUT THEN THAT IS NOT JUST A FAIR WAY TO DO BUSINESS. I HOPE YOU WILL THINK ABOUT THAT, PLEASE.

PLEASE THINK ABOUT THAT. HOPE I WILL BE AROUND AT TWO OR THREE YEARS.

I MIGHT BE IN A COFFIN SOMEWHERE OR I MIGHT BE MOVED AWAY.

WE SHOULD MOVE AWAY DECADES AGO BECAUSE WE ARE EMPTY NESTERS. THIS IS NO WAY TO RUN A RARE ROPE IS NOT FAIR OR EQUITABLE TO THE PEOPLE INVOLVED. I DON'T CARE HOW YOU RULE ON THE DEAL, GRANTED OR DON'T GRANTED. WHEN WE DO THAT IS NOT THE POINT. THIS IS THAT PEOPLE SHOULD BE ABLE TO PUT THE TIME OR SOMETHING TO ALLOW PEOPLE WHO WANT TO SPEAK IN OPPOSITION TO SOMETHING TO HAVE A FAIR AMOUNT OF TIME TO SPEAK IN OPPOSITION TO IT. THANK YOU.

>> DO WE HAVE ANY OTHER SPEAKERS ON THIS AGENDA ITEM? PLEASE RAISE YOUR HAND.

SEEING NONE I WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS DISCUSSION.

>> I WILL SPEAK TO STAFF ONE MORE TIME. WE HAVE ANOTHER RUNDOWN OF WHAT

HAPPENS IF WE DENY THIS. >> OF WE DENIED THIS THEN IN ORDER FOR THE PROPERTY TO

COMPLY THE STRUCTURE WILL HAVE TO GO AWAY. >> I AM JUST CURIOUS BECAUSE.

>> EITHER THAT OR HAS TO BE REDUCED TO 500 FEET AND THEN IT WOULD COMPLY FOR BUILDING PERMIT. IN ESSENCE WE ARE HERE FOR THE S&P BECAUSE IS IN EXCESS OF 500 SQUARE FEET. BUT IN ORDER FOR, IF HE REDUCES THE SQUARE FOOTAGE OF THE STRUCTURE TO UNDER 500 SQUARE FEET IS ABLE TO MOVE FORWARD WITH A BUILDING PERMIT GRANTED HE WAS STILL HAVE TO MEET ALL CONDITIONS OF THE ORDINANCES OF THE CITY OF ROWLETT.

>> I WAS JUST CURIOUS AS TO WHAT THE DIFFERENCE BETWEEN THE RECOMMENDATIONS WERE IF APPROVED VERSUS JUST DENIAL.I AM CURIOUS BECAUSE WHEN WE LOOK AT DRAINAGE AND AM NOT AN ENGINEER. BUT FROM EXPERIENCE IN ROWLETT. IF YOU ARE OFF HALF AN INCH UNDER SIDEWALK YOU MAKE US REPORT THE WHOLE THING. THIS LOOKS LIKE THERE COULD BE A PROBLEM HERE. IT ALMOST WENT TO ME FEELS LIKE IT'S GOING TO COME DOWN ANYWAYS. IS THAT THE FEELING ON THIS AT ALL?

>> I CANNOT SPEAK TO THAT IF HE'S ABLE TO PROVIDE THE NECESSARY DOCUMENTATION AND AUGMENTATION SUPPORTS CODE COMPLIANCE IN REGARDS TO THE EXHIBITS PROVING THAT IT IS STRUCTURALLY SOUND AND THE CONCRETEMEETS REQUIREMENTS . THERE MIGHT BE A REDUCTION IN THE CONCRETE CONNECTION TO THE ALLEY. BECAUSE IS IN EXCESS OF 20 FEET OF THAT CONNECTION.BUT IF HE IS ABLE TO COMPLY WITH THE CODE STIPULATIONS THEN THERE'S THE POSSIBILITY THAT BECAUSE OF THE SETBACK THEN THE REDUCTION THAT THE STRUCTURE MAY NOT HAVE COME

DOWN.>> YES SIR? >> I HAVE ONE ADDITIONAL QUESTION FOR THE APPLICANT.

YOU DON'T NECESSARILY NEED TO COME UP WITH YOU JUST TELL ME YES, SIR NO.

DID YOU GET YOUR CONCRETE SAMPLED? TESTED?

>> NO, SIR. >> OKAY. >> DID YOU HAVE SOMETHING THAT

YOU WANT TO SAY? >> IT'S VERY UNFORTUNATE THAT SOMEONE IN THE PUBLIC HAS BEEN MISLED. AND BUILT A CARPORT AND TO BE MISLED BY THIS COMPANY TO GO AHEAD AND MOVE FORWARD AND PUT THIS IN PLACE. AND PART OF THE RESPONSIBILITY,

[02:20:04]

I TRULY BELIEVE IS THAT YOU HAVE TO DOUBLE CHECK WITH YOUR BUILDER THAT ALL THE PERMITS ARE IN PLACE. WE HAVE, OVER THE YEARS, HAD TO DEAL WITH SOLAR PANELS BUT EVERYBODY HAS TO GO BEFORE THE CITY TO GET A PERMIT. SO IN THIS SITUATION WE ARE DOES NOT IN COMPLIANCE WITH A LOT OF THINGS. AND IT IS SAD AND I JUST DON'T WANT TO TAKE A STEP WHERE THE CITY IS NOT IN A SITUATION WHERE WE HAVE ALLOWED SOMEBODY

TO GET AWAY WITHOUT COMPLYING WITH THE REGULATIONS. >> ANYBODY? ANY COMMENTS OR DISCUSSION? WOULD YOU LIKE TO SAY SOMETHIN ?

P>> I WOULD LIKE TO JUST FOLLOW UP WITH A COMMENTARY MS. DIXON. THANK YOU SO MUCH FOR COMING UP HERE AND STATING YOUR CASE. I DON'T WANT YOU TO FEEL THAT YOUR OPINION AND YOUR CONCERNS ARE BEING IGNORED, THEY ARE NOT. I PROMISE YOU THAT AT LEAST FROM MY PERSPECTIVE I HAVE HEARD EVERYTHING, THREE MINISTERS AND SELECTS A LOT OF TIME BUT I PROMISE YOU THAT I HEARD EVERY WORD THAT YOU SAID AND I AM VERY MUCH TAKING INTO CONSIDERATION YOUR CONCERNS. AND AS I SAID EARLIER MY BIGGEST CONCERN WITH THIS, EVEN FROM THE TIME THAT I WAS ON THE POA WAS PRECISELY YOUR CONCERN WHICH IS THAT THESE UNPERMITTED CHANGES LOCALLY HAD AN EFFECT ON YOU AND I AM TRYING MAKE SURE THAT NO MATTER WHAT HAPPENS MOVING FORWARD I REALLY LIKE TO MAKE SURE THAT YOUR SITUATION IS RESOLVED FAIRLY AND EQUITABLY AND NOT AT YOUR EXPENSE, BY THE WAY. SO, I UNDERSTAND THAT YOU ARE IMPACTED AND I AM RESPECTFUL OF THAT AND I THINK THAT EVERYBODY ON THIS BOARD, WE ALL HAVE NEIGHBORS AND SOMETIMES THINGS HAPPEN THAT WE DON'T LIKE. ROBABLY NOT TO THE DEGREE THAT YOU ARE GOING THROUGH. BUT I JUST WANTED YOU TO KNOW THAT I AM CONSIDERING YOUR

SITUATION. >> I WOULD LIKE TO SAY THAT I DON'T THINK IN A SITUATION LIKE THIS PEOPLE INTEND TO DO SOMETHING THAT THEY ARE GOING TO HAVE TO UNDO AT THE COST OF $7500 AT ANY POINT AFTER IT IS DONE. I DON'T THINK THERE WAS AN EMAIL INTEND. HOWEVER, YOU KNOW, THERE ARE THINGS IN PLACE AND PUT IN PLACE BY THE CITY STAFF TO PROTECT NEIGHBORS AND TO MAKE SURE THAT THINGS ARE DONE.

THERE IS NOT ANY, YOU KNOW, THAT IMPACT ON ANYONE NEARBY. AND YOU KNOW LOOKING AT HIS PICTURES I AM SURE HE'S NOT THE ONLY ONE WHOSE OVERBUILD A CARPORT IN THE CITY OF CHARTER ONE. MOST PEOPLE WON'T GET CAUGHT FOUR.

I DON'T KNOW. MOST OF THAT PROBABLY HAPPENED MANY YEARS AGO, HOWEVER , I THINK WE ARE READY FOR A MOTION AND I LIKE THE COMMISSIONERS TO BEAR IN MIND THAT SHOULD THIS REQUEST, SHOULD WE GET A MOTION FOR APPROVAL THERE ARE SOME RECOMMENDATIONS FOR CERTAIN CONDITIONS THAT SHOULD BE IMPOSED THAT YOU MIGHT WANT TO TAKE INTO CONSIDERATION.

I AM READY FOR MOTION. >> LOOK AT THE COMPANY AND THE COMPANY STILL EXISTS I FEEL LIKE A LOT OF THIS BEARS WEIGHT WITH THE COMPANY. HE COULD GO AFTER THEM, YOU KNOW WHAT I MEAN. I AM GOING TO RECOMMEND DENIAL OF THIS SEP.

>> WE HAVE A MOTION ON THE FLOOR MR. SEARS FOR THE DENIAL OF THE SEP.

DO I HAVE A SECOND?> WE HAVE A SECOND BY MR. CHO TO IN ALL IN FAVOR OF DENYING THE SEP PLEASE VOTE YES. ALL IN FAVOR OF APPROVING PLEASE VOTE NO.

[02:25:03]

ANYONE? THAT'S NOT THE MOTION ON THE FLOOR.

OKAY. THAT PAST SO THAT IS DENIED. OKAY FINALLY THE LAST ITEM ON

THE AGENDA. >> CAN MAKE A QUICK REQUEST FOR A FIVE MINUTE BREAK?

>> WE ARE GOING TO TAKE A FIVE-MINUTE BREAK BECAUSE WE BEEN HERE FOR SO LONG FOR A POTTY BREAK. SO WE WILL RESUME THE MEETING >. WE WILL RECONVENE OUR MEETING

[6A. Conduct a public hearing and make a recommendation to City Council on a request by Adam Shiffer, Skorburg Company, on behalf of property owners Brookside Lot Venture, Ltd. and Windsor Homes Cumberland, LLC., to 1) Amend the Planned Development to include a requirement that street-facing garage doors shall comprise no more than 70 percent of the total length of a dwelling’s façade; 2) Confirm the rezoning of the subject property to Planned Development (PD) District for Single-Family Residential (SF-5) Uses; 3) Amend the Comprehensive Plan; and 4) Amend the zoning map of the City of Rowlett. The subject site is located at the northeast corner of Rowlett and Miller Roads, being the Villas at Long Branch Addition, in the City of Rowlett, Dallas County, Texas.]

AS OF 9:46 PM. AND, DID I READ THE ITEM? I DON'T EVEN REMEMBER IF I DID.

>> YOU NEED TO READ IT. >> AND INTEGATED. OKAY.

WE ARE ON OUR FINAL ITEM WHICH IS HERE ON THE PAPER 6A BUT IT IS REVERSE ORDER.

CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO CITY COUNCIL ON THE REQUEST BY ADAM SCHIFFER, SCOREBOARD COMPANY ON BEHALF OF PROPERTY OWNERS BROOKSIDE LOT VENTURE LIMITED.

AND WINTER HOMES CUMBERLAND LLC TO NUMBER ONE. AND AMENDED PLAN OF DEVELOPMENT WITH STREET FACING CROSS SOURCE SHOULD NOT COMPRISE MORE THAN 50 PERCENT OF A DWELLINGS FAC'ADE. TO CONFIRM THE REZONING OF THE SUBJECT PROPERTY LED DEVELOPMENT PD DISTRICT FOR SINGLE-FAMILY RESIDENTIAL AS OF FIVE USES.

THREE, AMENDED THE COMPREHENSIVE PLAN AND FLOOR AND MEANT THE ZONING MAP OF THE CITY OF ROWLETT. THE SUBJECT SITE IS LOCATED IN THE NORTHEAST CORNER OF ROWLETT AND MILLER ROADS. THE LONG BRANCH ADDITION IN THE CITY OF ROWLETT WITH MR.

ROBERTS. >> MDM. CHAIR AND THINK FOR THE INTRODUCTION AND FOR HANGING IN THERE WITH US COMMISSIONERS. WAITING FOR THE PRESENTATION AND THANK YOU SUSAN.

AS WAS JUST BROUGHT IN THE RECORD THEY ARE SEEKING A LIQUIDATION TO CITY COUNCIL ON A REQUEST TO AMEND A PLAN DEVELOPMENT ORDINANCE THAT WAS APPROVED IN 2019.

TO INCLUDE THE REQUIREMENT THAT STREET FACING GARAGE DOORS SHALL COMPRISE NO MORE THAN 70 PERCENT OF THE TOTAL LENGTH OF A DWELLINGS FAC'ADE.BACKGROUND FOR YOU ON THE SITES.

OCTOBER 8, 2019 THE CITY COUNCIL DID APPROVE A REZONING OF THE SITE TO PLANNED DEVELOPMENT DISTRICT 4 IS A FIVE USES IN ORDER TO DEVELOP THE SITE WITHIN 32 LOT RESIDENTIAL SUBDIVISION CONDITIONS FOR THE APPROVAL OF THAT ZONING.

INCLUDED FRONT ENTRY GARAGE PRODUCTS WHICH INCLUDED AN ALLEYWAY FOR AS WELL AS A REDUCTION IN THE LOT SIZE BASED DISTRICT OF SF FIVE. AFTER SECURING THE ZONING THE APPLICANT HAS RECEIVED APPROVALS FOR SITE DEVELOPMENT PLAN, CIVIL ENGINEERING PLANS, PERMITS AS WELL AS A FINAL PLAT AND IS ACTUALLY IN THE PROCESS OF MOVING EARTH IN DEVELOPING THE SITE IN INFRASTRUCTURE HAS BEEN INSTALLED AND ACCEPTED. THE LOTS ARE NOW ABOUT TO GO VERTICAL. IN THE PROCESS OF GOING VERTICAL THAT PRINTED APPLY FOR BUILDING PERMITS AND WAS NOTIFIED THAT THE PROPOSED GARAGE DOOR CONFIGURATION EXCEEDED THE 35 PERCENT MAXIMUM ALLOWABLE WITH PRODUCTION 77 CONFIGURATION EXCEEDED THE 35 PERCENT MAXIMUM ALLOWABLE WITH PRODUCTION 70 7508D3 OF THE ROWLETT DEVELOPMENT CODE WHICH IS NOT A CONDITION INCLUDING THE ORIGINAL APPROVAL. THE APPLICANT IS PURSUING THIS A MOMENT TO ALLOW FOR A MAXIMUM WIDTH OF 70 PERCENT OF THE FAC'ADE AS OPPOSED TO THE REQUIRED 35 PERCENT. SOME CITED DATA FOR YOU. THAT'S APPROXIMATELY SEVEN AND A HALF ACRE SITE IS ALREADY SUBDIVIDED INTO 32 SINGLE-FAMILY LOTS FOR COMMON AREA LAWS AND THREE RESIDENTIAL RIGHT OF WAY MEASURING 50 FEET IN WIDTH.

ACCESS TO THE SITE IS PROVIDED FROM A FULL AXIS, EGRESS AND INGRESS WHICH IS CIRCLED IN RED FOR YOU. THE EAST SIDE OF THE PROJECT IN THE WEST SIDE THERE IS A AXIS CONTROL GATE FOR FIRE DEPARTMENT EMERGENCY USE. AS FAR AS THE PROPOSAL BEFORE YOU THIS EVENING, THIS PROPOSAL AMENDMENT WILL NOT ALTER THE ATLANTA USE, DELAY ELSE, THE DENSITY OF THE APPROVED ZONING. THE PURPOSE OF THIS AMENDMENT IS TO ALLOW FOR THE HOMEBUILDER POSSIBILITY IN THE GARAGE DOOR CONFIGURATION. AS YOU LOOK ON SCREEN IS A REPRESENTATIVE SAMPLE PROVIDED BY THE APPLICANT. THESE ARE 30 FOOT WIDE FAC'ADE IN THE SIMPSON ALLOWANCE WOULD ALLOW FOR A SINGLE TWO-CAR GARAGE DOOR AS OPPOSED TO THE CODE REQUIRED DOUBLE SINGLE CAR GARAGE DOOR ON THE 35 PERCENT ALLOWANCE.