Oct 25, 2022 Planning and Zoning Commission

[1. CALL TO ORDER]

[00:00:13]

>> SPEAKER: GOOD EVENING, LADIES AND GENTLEMEN. WELCOME TO THE PLANNING AND ZONING COMMISSION MEETING OF TUESDAY, OCTOBER 25. IT IS 7:00 P.M. STRAIGHT UP, AND WE WILL CALL THE MEETING TO ORDER. AS AUTHORIZED BY SECTION 551.071 OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED INTO CLOSED EXECUTIVE SESSION FOR THE PURPOSE OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA ITEM HERE IN. THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE, RECESS OR REALIGN THE REGULAR SESSION OR CALLED EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT. PROCESS FOR PUBLIC INPUT: IF YOU ARE NOT ABLE TO ATTEND IN PERSON, YOU MAY COMPLETE THE CITIZEN INPUT FORM ON THE CITY'S WEBSITE BY 3:30 P.M. THE DAY OF THE MEETING. ALL FORMS WILL BE FORWARDED TO THE PLANNING AND ZONING COMMISSION PRIOR TO THE START OF THE MEETING. FOR IN-PERSON COMMENTS, REGISTRATION FORMS AND INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. THEY ARE ON THE DESK OVER THERE ON MY RIGHT.

WE HAVE CALLED THE MEETING TO ORDER. WE HAVE A QUORUM. ITEM NUMBER TWO IS CITIZENS' INPUT. AT THIS TIME, THREE-MINUTE COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC. NO ACTION CAN BE TAKEN BY THE COMMISSION DURING CITIZENS INPUT. DO WE HAVE ANYONE HERE IN THE

[3. CONSENT AGENDA]

CONSIDERATION. >> MALE SPEAKER: MADAM CHAIRMAN, I WOULD LIKE TO REMOVE ITEM 3B AND 3C FROM THE

CONSENT AGENDA. >> CHAIRPERSON: THOSE TWO ITEMS CONSIDER APPROVAL OF A RE-PLAT AND CONSIDER APPROVAL OF A PRELIMINARY PLAT, WILL BE MOVED TO NUMBER FOUR AGENDA ITEM, ITEMS FOR INDIVIDUAL CONSIDERATION.

THE FIRST THING WE DO NEED TO DO, THOUGH, IS CONSIDER ACTION TO APPROVE THE MINUTES OF OCTOBER 11, 2022, REGULAR MEETING. DID EVERYONE HAVE A CHANCE TO REVIEW THE MINUTES? ANY CHANGES, COMMENTS, CORRECTIONS? OKAY. WE ARE READY FOR A MOTION.

>> MALE SPEAKER: LIKE TO MAKE A MOTION TO APPROVE THE MINUTES

FROM THE LAST MEETING. >> CHAIRPERSON: WE HAVE A MOTION ON THE FLOOR FOR APPROVAL OF THE OCTOBER

>> CHAIRPERSON: WE HAVE A MOTION ON THE FLOOR FOR APPROVAL OF THE OCTOBER 11 REGULAR MEETING MINUTES. DO WE

HAVE A SECOND? >> MALE SPEAKER: OKAY. WE DO HAVE A SECOND BY MR. FRISBY. ALL IN FAVOR? SOMEONE SHOW MR. TUCKER RIGHT TO VOTE. OKAY. THAT WAS THE UNANIMOUS VOTE. NOW MOVING TO ITEM NUMBER

[3B. Consider approval of a Replat]

>> MALE SPEAKER: [INDISCERNIBLE] YES, I DON'T WANT YOU TO HAVE TO GO THROUGH THE HOLE PLAT. THE REASON I PULLED IT OFF THE CONSENT AGENDA IS BECAUSE I QUESTIONED WHETHER OR NOT WE SHOULD BE APPROVING THIS PLAT WITHOUT BUILDING LINES OR SETBACKS. ACCORDING TO ROWLETT DEVELOPMENT CODE SECTION 77806, WHERE THE PURPOSE OF THE PLAT REVIEW PROCESS IS ENSURE COMPLIANCE WITH THE SUBDIVISION STANDARDS AND REQUIREMENTS SET FORTH IN CHAPTER 7760, SUBDIVISION -- LAND DEVELOPMENT, ETC., ETC., ETC.

SECTION 777-603, PARAGRAPH E1B STATES, MEETING LOT SIZE

[00:05:02]

COMMISSION. >> CHAIRPERSON: OUR PRELIMINARY DATA REQUIRED TO HAVE THE --

>> MALE SPEAKER: THIS IS A REPLAT.

>> CHAIRPERSON: SO IT'S REQUIRED TO HAVE THESE LINES?

>> MALE SPEAKER: THAT IS THE QUESTION. AND ONE OF THE THINGS THAT -- LIKE I SAID, I BROUGHT THIS TO THE ATTENTION OF STAFF AND STAFF'S RESPONSE IS WHAT? > MALE SPEAKER:

[INDISCERNIBLE] [INAUDIBLE] >> MALE SPEAKER: WE DON'T HAVE SETBACKS, BUT WE DO HAVE BUILDING LINES, NO? SO YOU

DON'T HAVE SETBACKS EITHER? >> FEMALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: THE ONLY PROBLEM I HAVE WITH THAT IS THE PREVIOUS PLAT FOR THIS AREA, WE HAD BUILT TWO LINES ON THAT

PLAT. >> FEMALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: BAYSIDE WEST. >> FEMALE SPEAKER: [INAUDIBLE]

>> CHAIRPERSON: RTS. >> MALE SPEAKER: SO WHAT THE COMMISSIONER IS COMMENTING ON IS ON THIS PLAT, WHAT THEY ARE ILLUSTRATING FOR THE TWO LOTS THAT ARE ADJACENT. THEY DO

[00:10:02]

SANTA MONICA DRIVE. >> MALE SPEAKER: AND PALISADE.

>> MALE SPEAKER: YEAH. >> MALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: I ONLY GO BY THE FACT THAT THE PLAQUE THAT THEY SUBMITTED SHOWS THAT AREA ON THE PERIPHERY WITH BL, BUILD TWO LINES WILL NOT. THAT'S ONLY REASON WHY I WOULD SAY

THEY ARE PROBABLY THERE. >> MALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: OKAY. YOU DON'T HAVE TO.

>> MALE SPEAKER: MIGHT BE PREMATURE, BUT A QUESTION FOR YOU, COMMISSIONER. IS THIS SOMETHING -- BECAUSE THIS IS THE FIRST OF HEARD OF THIS. IS THIS IS SOMETHING YOU ARE CONCERNED ABOUT BECAUSE OF THE TECHNICAL ASPECT OR BECAUSE IT MAY CAUSE SOME FORM OF PROBLEM WITH THE -- I GUESS IS YOUR CONCERN BECAUSE WE ARE NOT FOLLOWING THE RULES THAT YOU SEE HERE WRITTEN OR BECAUSE YOU THINK THIS WILL CREATE SOMETHING THAT MAY BE POTENTIALLY HARMFUL?

>> MALE SPEAKER: THE SAME WAY THAT MS. MULLINAX SAYS IT IMPEDES SOMEONE FROM DEVELOPING IN THE FUTURE, WHICH I DON'T THINK RE-PLATTING OR SUBMITTING A REPLAT IS THAT BIG OF AN IMPEDIMENT, IF THEY ARE NOT ON THERE, IT DOES NOT NECESSARILY PREVENT SOMEONE FROM DEVELOPING SOMETHING IN THE FUTURE THAT DOES NOT MEET THE INTENT OF THE USE OF THAT AREA. AND A GOOD EXAMPLE OF THIS IS THE STORAGE LOCATION HERE ON MILLER AND RALL ROWLETT, WHERE WE WENT AHEAD TO IMPROVE THAT PROJECT BASED ON MOVING THE BILL TWO LINES OR THE SETBACKS, YOU KNOW, TO A CERTAIN POINT, THEREBY APPEASING THE RESIDENTS SURROUNDING THE AREA. IF THEY WERE NOT TO HONOR THAT PLAN, SOMEONE ELSE COULD COME IN AND HAVE A COMMERCIAL DEVELOPMENT, NOT HAVING TO COME TO PLANNING AND ZONING, AND DECIDE TO MOVE THOSE BACK TO WHATEVER THOSE BUILD TWO LINES BACK TO WHATEVER THE COURT ALLOWED THEM TO, WHICH IS WHERE THEY ORIGINALLY WERE WHEN THAT PROJECT CAME TO US.

>> MALE SPEAKER: [INAUDIBLE] >> MALE SPEAKER: OKAY.

>> FEMALE SPEAKER: WHAT DO YOU THINK? THIS PROPERTY WOULD BE PROTECTED AS IS PRESENTED NOW UNDER THE SAME TOPIC

GUIDELINES? >> FEMALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: RIGHT. THIS PROPERTY WOULD BE --

[INAUDIBLE] >> MALE SPEAKER: OKAY. THE FORM-BASED CODE STILL REQUIRES US TO GET A PLAT, RIGHT? OKAY.

[00:15:01]

>> CHAIRPERSON: OKAY. ANY OTHER QUESTIONS FOR STAFF?

YES, SIR. RTS. >> MALE SPEAKER: THANK YOU.

SO I HAVE A GENERAL QUESTION IN TERMS OF THE PLATTING PROCESS.

WHEN WE RECEIVE A PLAT, WHETHER IT'S A PRELIMINARY PLAT OR A FINAL PLAT OR A REPLAT, I NOTICED THAT WE GENERALLY JUST GET THE PLATTING DOCUMENT. I KNOW THAT IN OTHER CITIES THAT I HAVE WORKED WITH OR IN, AS A CONDITION OF THE PLATTING PROCESS, THE DEVELOPERS REQUESTED A REQUIRED TO SUBMIT EITHER A CONCEPTUAL SITE PLAN OR A SIMILAR DOCUMENT TO ACCOMPANY IT. DOES ROWLETT REQUIRE A PRELIMINARY SET PLAN OR CONCEPTUAL SITE PLAN TO ACCOMPANY THESE PLATS? NOT PER

PLATS. >> MALE SPEAKER: I THINK THE QUESTION IS PRETTY STRAIGHTFORWARD.[INAUDIBLE]

>> MALE SPEAKER: WE HAVE NO IDEA WHERE THOSE HOUSES ARE GO OR WHERE THEY WILL BE, , ETC. I KNOW THAT IN THE CONCEPT PLAN -- MY POINT IS THAT YOU AND I IS AN ENGINEER SYMPTOMS OF A HARD TIME VISUALIZING WHAT I AM SEEING BECAUSE THESE ARE ALL BOUNDARIES, EITHER EASEMENTS OR PROPERTY LINES, SO SOMETIMES IT'S A LITTLE BIT HARD TO VISUALIZE WHAT I AM VOTING ON AND WHETHER, FOR EXAMPLE, JUST TO GIVE A FOR INSTANCE, THEY ARE TWO RATHER LARGE ODDBALL SHAPED LOTS THAT ARE LEFT OUT, IT BE NICE AS A COMMISSIONER TO KIND OF KNOW WHAT IT IS WE ARE VOTING ON. ONCE WE SAY, YES, THIS IS GOOD, WE ARE KIND OF GIVEN A GREEN LIGHT TO, YOU KNOW -- GRANTED THE HOUSES ARE PRETTY MUCH SET BY DEVELOPMENT CODES, BUT IT'S THE OTHER LOTS, WHETHER THEY BE RECREATIONAL AREAS OR OPEN SPACE OR DETENTION, LEAVE ELSE, WHATEVER. IT'S KIND OF NICE TO HAVE SOME KIND OF SUPPLEMENTAL DOCUMENT TO COMPLEMENT WHAT WE HAVE, JUST SO WE CAN HAVE A BETTER FEEL FOR WHAT WE ARE

VOTING ON. >> FEMALE SPEAKER: [INAUDIBLE]

[00:20:07]

>> MALE SPEAKER: I KNOW THAT IN SOME OF THE CITIES THEY WORK WITHIN THE PAST, NOT ONLY THEY DO THEY REQUIRE DEVELOPMENT CONCEPT PLAN, BUT THEY HAVE EVEN REQUESTED BUILDING ELEVATIONS TO ACCOMPANY THAT. NOW, I DON'T KNOW TO BE HONEST WITH YOU WHETHER AS A DEVELOPER WHEN YOU SUBMIT ALL OF THAT DOES THAT GET PEELED OFF IN PART OF IT, YOU KNOW, LIKE IN THIS CASE, WE GET EITHER A COUNCIL OR COMMISSION GETS TO SEE THE PLAT OR WHETHER THEIR COMMISSIONS SEE THE FULL PACKAGE. AND I'M NOT TRYING TO TELL YOU WHAT TO DO. I AM JUST SAYING THAT AS A GROUP OF COMMUNITY REPRESENTATIVES, THE MORE INFORMATION THAT WE HAVE TO BE ABLE TO MAKE A HOLISTIC EVALUATION, IT GIVES THE COMMUNITY A BETTER RESULT FROM

OUR BOAT. >> FEMALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: THANK YOU. >> FEMALE SPEAKER: [INAUDIBLE]

>> CHAIRPERSON: THANK YOU VERY MUCH. ALL RIGHT. IF WE DON'T HAVE ANY MORE QUESTIONS FOR STAFF, I AM READY FOR A MOTION.

YES, SIR. >> MALE SPEAKER: I WOULD LIKE TO RECOMMEND APPROVAL OF THE REPLAT.

>> CHAIRPERSON: WE HAVE A MOTION ON THE FLOOR FOR APPROVAL OF ITEM 3B. DO I HAVE A SECOND?

>> FEMALE SPEAKER: I'D SECOND. >> CHAIRPERSON: WE HAVE A SECOND. ALL IN FAVOR? AND THAT ITEM PASSES. AND THAT

[3C. Consider approval of a Preliminary Plat]

CONSIDER APPROVAL OF THE CREEKSIDE VILLAGE PRELIMINARY PLAT. THE APPROXIMATELY 5.89-ACRE TRACT IS LOCATED WEST OF WILSON ROAD AND APPROXIMATELY 200 FEET NORTH OF WOODSIDE ROAD, SITUATED IN THE J. W. GARDENER ABSTRACT, IN THE CITY OF ROWLETT, DALLAS

COUNTY, TEXAS. YES, SIR. >> MALE SPEAKER: MADAM CHAIRMAN, MAY I MAKE A COMMENT? I WISH TO MAKE A MOTION TO APPROVE THIS PLAT WITH THE COMMENT THAT BLOCK A 4X-HO A IS

[00:25:11]

DON'T WANT IT TO COME BACK -- >> FEMALE SPEAKER: [INAUDIBLE]

>> MALE SPEAKER: I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS PLAT WITH THAT CORRECTION, PRELIMINARY PLAT WITH THAT

CORRECTION. >> CHAIRPERSON: THAT SAVES YOU FROM THE PRESENTATION. BUT THANK YOU ANYWAY. TO MOVE THIS ALONG, I AM ASSUMING THAT MOTION BY MR. CONTE WOULD SOLVE THE ONE LITTLE ISSUE HE HAD IN PULLING THIS OFF OF THE CONSENT AGENDA. WE HAVE A MOTION FOR APPROVAL WITH THAT WHEN CHANGE.

WE HAVE A SECOND? WE HAVE A SECOND BY MS. WILLIAMS. ALL IN FAVOR? AND THAT WAS UNANIMOUS.

[4A. Consider and make a recommendation to the City Council on a request by Peter Gomez, Cambridge Homes on behalf of property owner Cambridge Land Lake Park, LLC., to amend a Tree Removal Permit on property zoned Form-Based New Neighborhood (FB-NN) District. The 35.2-acre site is located approximately 400 feet south of Panama Drive at the termination of Sunrise Drive and Lafayette Drive, in the City of Rowlett, Dallas County, Texas.]

TEM 4A, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST BY PETER GOMEZ, CAMBRIDGE HOMES ON BEHALF OF PROPERTY OWNER CAMBRIDGE LAND LAKE PARK, LLC., TO AMEND A TREE REMOVAL PERMIT ON PROPERTY ZONED FORM-BASED NEW NEIGHBORHOOD (FB-NN) DISTRICT.

THE 35.2-ACRE SITE IS LOCATED APPROXIMATELY 400 FEET SOUTH OF PANAMA DRIVE AT THE TERMINATION OF SUNRISE DRIVE AND LAFAYETTE DRIVE, IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. YES,

SIR. >> MALE SPEAKER: [INAUDIBLE]

>> CHAIRPERSON: SO WE ARE PULLING IT? OKAY. SO THIS ITEM WILL BE PULLED FROM THE AGENDA. AND THAT WAS THE LAST ITEM. SO WE ARE FORMALLY

* This transcript was compiled from uncorrected Closed Captioning.