Apr 25, 2023 Planning and Zoning Commission

[00:00:06]

>> OKAY. IT'S 7:00. WE HAVE A QUORUM, SO -- >> CAN YOU TURN THE VOLUME DOWN

>> AS AUTHORIZED BY SECTION 551.071 OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED INTO CLOSED EXECUTIVE SESSION FOR PURPOSES OF SEEKING CONFIDENCE SHALL LEGAL ADVICE FROM THE THE CITY ATTORNEY ON ANY AGENDA ITEM HEREIN. THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE, REASSESS OR REALIGN THE REGULAR SESSION OR CALLED EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT. THERE IS A PROCESS FOR PUBLIC INPUT. IF YOU ARE NOT ABLE TO ATTEND IN PERSON, YOU MAY COMPLETE A CITIZEN'S INPUT FORM ON THE CITY'S WEBSITE BY 3:30:00 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/INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR. CITY COUNCIL CHAMBERS. I'D LIKE TO GO AHEAD AND CALL THE MEETING TO ORDER. AND FIRST ITEM ON THE AGENDA IS CITIZENS INPUT. DO WE HAVE ANY? IS THERE ANYTHING ELECTRONICALLY?

[3. CONSENT AGENDA]

>> [INAUDIBLE] >> OKAY. HEARING NONE, WE'LL GO AHEAD AND CLOSE CITIZENS INPUT.

WE HAVE THE NEXT ITEM IS THE CONSENT AGENDA. AND ON THE CONSENT AGENDA IS ONE ITEM, CONSIDER APPROVING THE MINUTES OF THE MARCH 28, 2023 REGULAR MEETING. DOES ANYBODY HAVE A

COMMENT ON THEM? >> NO. >> I'LL TAKE A MOTION.

>> OKAY. I MAKE A MOTION TO APPROVE THE MINUTES AS WRITTEN FROM THE MARCH 28, 2023,

MEETING. >> WE HAVE A MOTION TO APPROVE THE MINUTES.

>> SECOND. >> WE HAVE A SECOND. ALL IN FAVOR? RAISE YOUR HAND. THAT'S

[4A. Consider and provide a recommendation to City Council on an Alternative Landscaping Plan under Section 77-504.I of the Rowlett Development Code to modify the incompatibility buffer landscaping requirements on property zoned General Commercial/Retail (C-2) District. The approximately 4.34-acre site is located west of the intersection of Rowlett Road and Big A Road being Lot 7R, Block A of the Briarwood Armstrong Addition Replat, in the City of Rowlett, Dallas County, Texas.]

>> THANK YOU. COMMISSIONERS, MR. COTE, AS YOU JUST READ, WE'RE HERE TO DISCUSS THE ALTERNATIVE LANDSCAPE PLAN AT THE PLANET FITNESS. THIS PROPERTY WILL SEEM VERY FAMILIAR TO YOU, BECAUSE WE LOOKED AT IT BACK IN OCTOBER. SO WE ARE RECONSIDERING A PORTION OF WHAT WE LOOKED AT LAST TIME, AND SO IT'S NOT THE ENTIRETY OF IT. AND SO, AGAIN, THE AOP IS INTENDED TO PROMOTE PRESERVATION AND INCORPORATION OF THE EXISTING NATIVE VEGETATION OR SPECIMEN TREES AND/OR FOR THE INDIVIDUAL USE OF PLANT MATERIAL AND PROOF SITE DESIGN, WOULD NOT SERVE AS AN EXEMPTION FROM LANDSCAPING REQUIREMENTS. I'LL GO BACK AND SHOW YOU THE SITE AREA WHERE WE ARE DISCUSSING. IT'S REALLY JUST THE NORTHWEST LEG OF THE BOUNDARY ADJACENT TO THE SINGLE FAMILY RESIDENTIAL. A LITTLE BIT OF BACKGROUND. THE DEVELOPMENT PLAN WAS APPROVED BACK FROM 2017 AND A CO WAS ISSUED IN OCTOBER. FOLLOWING THE APPROVAL OF CITY COUNCIL. AND SO THE PLANET FITNESS IS NOW, IN EFFECT, BUT THEY HAVE COME BACK WITH SOME REQUESTS TO AMEND THE ALTERNATIVE LANDSCAPE PLAN THAT WAS APPROVED. IN OCTOBER 18, WHICH IS WHEN WE WENT TO CITY COUNCIL, THE FOLLOWING ITEMS WERE APPROVED, WHIC IS A 15-FOOT I KNOW COMPATIBILITY BUFFER, IRRIGATION TO BE EXTENDED THE ENTIRETY OF THE PROPERTY LINE ALONG THE NORTH AND NORTHWEST PROPERTY LINE, SHRUBS TO BE PROVIDED EVERY 6 FEET, AND BE A MINIMUM OF 6 FEET IN HEIGHT FOR THE ENTIRE NORTH AND NORTHWEST PROPERTY LINE, AND ORNAMENTAL TREES TO BE PROVIDED EVERY 12 FEET IN LIEU OF CANOPY TREES THE REQUEST IS VERY SIMILAR, BUT IT DOES AMEND ITEMS THREE AND FOUR, AND AGAIN, THIS IS SPECIFIC TO THIS LEG, AND ESSENTIALLY, THE ITEMS THREE AND FOUR WOULD BE PLANTING SOUTHERN WAX MYRTLES THAT ARE FEET TALL IN PLACE OF EVERY FEET, AND PLANTING LIVE OAK TREES 35 FEET

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SO THE WROUGHT IRON FENCE, SOME CONSIDERATIONS FOR THIS -- FOR YOU TONIGHT ARE THE WROUGHT IRON SENSE [INAUDIBLE] WALL THAT EXTENDS ALONG THE NORTHWEST PROPERTY, NORTHWEST OF THE PROPERTY THAT CONNECTION OCCURS RIGHT AT THIS JUNCTION. SO THE AREA IN ORANGE DOES SHOW WHERE THE MASONRY MALL IS. AND THE PORTION -- WALL IS. AND THE PORTION OVER HERE IN GRAY SHOWS THE LOCATION OF THAT WROUGHT IRON FENCE THAT WAS PUT IN PLACE. WE DO FEEL THAT BECAUSE THIS IS A TRANSITION OF MATERIALS THAT ARE ESSENTIALLY THE BACKING OF THIS LANDSCAPING THAT IT DOES WARRANT CONSIDERATION OF PERHAPS A DIFFERENT LANDSCAPE TREATMENT, AND SO THEREFORE, WHY WE'RE HERE TODAY, SECTION 77 TYPICALLY REQUIRES A 15-FOOT BUFFER WIDTH, WHICH THEY ARE PROVIDING; A MASONRY WALL OR LIVING SCREEN. PREVIOUSLY, IF YOU RECALL, THAT LONG SECTION HAD A LIVING SCREEN AND THAT WAS REALLY THE MAJOR PORTION OF CONSIDERATION. THE MASONRY WALL IS IN EXISTENCE ON THAT NORTHWEST PORTION AND WHEN IT WAS REVIEWED BY THE COMMISSION, THE CITY COUNCIL, THERE WAS CONSIDERATION TO KEEP THAT UNIFORM, EVEN THOUGH THE CONDITIONS WERE SLIGHTLY DIFFERENT. AND SO THAT'S WHY CITY COUNCIL OR PART OF THE REASON WHY CITY COUNCIL APPROVED THE ORNAMENT GO AHEAD THROUGHOUT THE ENTIRETY OF IT.

RDC ALSO REQUIRES ONE CANOPY TREE PER 25 LINEAL TREE. IN THE RDC CAN BE SUBSTITUTED FOR THREE ORNAMENT GO AHEAD. EVERY ONE TREE CAN BE SUBSTITUTED FOR THREE OTHER THAN AN MENTALS AND REQUIRES TEN EVERGREEN SHRUBS FOR 30 LINEAL FEET. IF YOU WANT TO BE PER SHRUB, IT WOULD TYPICALLY BE EVERY 3 FEET. SOME OF THE PROPOSED CONDITIONS, I WILL SHOW YOU ON THE LEFT.

THE APPROVED CONDITION, SO YOU CAN SEE THAT THERE IS A SIGNIFICANT NUMBER OF ORNAMENT GO AHEAD. AND YOU CAN SEE IT ON-SITE FOR THE ENTIRETY OF THE LONG NORTH SECTION ALREADY PLANTED. THAT WOULD CONTINUE THROUGH THIS PORTION. AND SO THE CONDITION ON THE RIGHT WOULD BE WHAT THEY WOULD BE PROPOSING, WHICH IS, AGAIN, GOING BACK TO THE CANOPY TREES AS OPPOSED TO THE OTHER THAN ANMENTALS AND -- OTHER THAN AN MENTALS AND PROVIDING SHRUBS ALONG THE MASONRY WALL. THE SPECIES THEY'RE REQUESTING WITH SOUTHERN WAX MYRTLE, 4 FEET TALL AND LIVE OAKS, EVERY 35 FEET, WHICH IS CONSISTENT WITH THE ORIGINAL REQUEST FOR THIS AREA.

SOME CONSIDERATIONS, WITHIN THAT 15-FOOT LANDSCAPE BUFFER, THERE IS A NATURAL GAS LINE, AND THERE IS AN OVERHEAD ELECTRIC UTILITY& LINE THAT IS ESSENTIALLY ON THE PROPERTY LINE. SPEAKING WITH THE ENGINEERING TEAM, THEY DID NOT SHOW ANY CONCERNS FOR EITHER OF THOSE CONDITIONS. FOR THE FRANCHISE UTILITIES, THEY WOULD NOT BE IMPACTED BY THIS, BY THEIR PROPOSAL, NEITHER BY OUR RECOMMENDATION OF STAFF. AND SO THERE IS AN EXISTING 6-FOOT MASONRY WALL, REALLY JUST MAKING SURE THAT YOU KNOW IT'S 6 FEET, AND STAFF RECOMMENDS IN FAVOR, BUT WITH SOME CONDITIONS THAT THE SOUTHERN WAX MYRTLES, WHICH IS PER RDC CATEGORIZES AN ORNAMENTAL TREE BE CHANGED TO A DWARF WAX MYRTLE OR SIMILAR, AS THESE SHRUBS WILL ALLOW FOR THE HEDGE THAT COVERS THE LOWER PART OF THE WALL. AS YOU LOOK TO THE PICTURE TO THE RIGHT, IT SHOWS THE CONDITIONS THAT ARE ADJACENT TO IT. ESSENTIALLY, THAT JUNCTION OR THAT MIDDLE PORTION IS WHERE THE WALL TURNS BACK

[00:10:06]

WE'RE RECOMMENDING THAT THEY PLACE THE SMALLER SHRUBS AT 3 FEET ON CENTER, WHICH IS, AGAIN, IN LINE WITH THE RELATIVE CODE REQUIREMENTS. HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS MAY HAVE. THE APPLICANT IS NOT HERE, SO HE IS NOT ABLE TO ANSWER ANY QUESTIONS, BUT I WILL

DO MY BEST BASED ON MY CONVERSATIONS WITH HIM. >> I HAVE -- GO AHEAD. I HAVE A

QUESTION. HOW DEEP IS THAT GAS LINE? >> I DO NOT KNOW THE ANSWER TO

THAT. I KNOW IT'S DEEP ENOUGH TO NOT BE A WORRY. >> BECAUSE THOSE LIVE OAK TREES HAVE QUITE AN EXTENSIVE ROOT SYSTEM. HOW WILL IT NOT INTERFERE WITH THAT GAS LINE?

>> IT IS AN EXTENSIVE ROOT SYSTEM, BUT IT'S A FAIRLY SHALLOW SYSTEM. SO IF YOU'RE FAMILIAR WITH LIVE OAKS, THEY TYPICALLY TEND TO SPREAD OUT MORE THAN ACTUALLY GO DOWN, WHICH IS WHY IT'S OFTEN A CONCERN WHEN THEY'RE SO CLOSE TO ROADWAYS OR SIDEWALKS. IN THIS CASE, WE DO HAVE MUCH MORE OF A BUFFER THAT SHOULD BE -- SHOULD NOT BE AN ISSUE WITH ADJACENCY

TO THOSE CONCRETE PANELS. >> I JUST HAVE ONE MORE QUESTION. THE DWARF MYRTLES,

DON'T THEY SPREAD TO, LIKE, 6 FEET WIDE? >> THE SOUTHERN WAX MYRTLES DO.

THE SMALLER DWARFS, THEY DO ALSO HAVE THE ABILITY TO GROW, BUT THEY DO HAVE A MUCH SMALLER ROOT

SYSTEM, SO THEY CAN BE CONTAINED WITHIN THE 4-FOOT, 3 FEET. >> OKAY.

>> AND BECAUSE THEY'RE EVERY 3 FEET, YOU'RE REALLY LOOKING AT THOSE SPREADING, YOU KNOW, ABOUT

THREE OR FEET ANYWAY. >> OKAY. THANK YOU. >> MR. FRISBIE?

>> ON THAT EXHIBIT UNDER PROPOSED, IT SEEMS LIKE THERE WERE A FEW OAK TREES ALREADY

THERE. >> CORRECT. >> THE DARKER ONES THAT WE'RE

SEEING IN. >> THAT. >> SO WE'RE TALKING ABOUT FOUR NEW OAK TREES. LIVE OAK IS WHAT THEY'RE PREFERRING, I GUESS JUST TO MATCH THE ONES THAT ARE

ALREADY THERE? >> CORRECT, YEAH. THEY'RE LOOKING TO KEEP THE TREES THAT ARE ALREADY ON-SITE AND SIMPLY ADD THE FOUR REMAINING LIVE OAKS.

>> AND I HAVE ONE QUESTION FOR STAFF. >> YES, SIR.

>> SO WE'RE LOOKING AT WHERE THE WROUGHT IRON MEETS THE MASONRY WALL. IF WE CONTINUE DOWN THAT MASONRY WALL WHEN IT MAKES ITS 90-DEGREE TURN AND HEADS NORTHWEST, WHAT'S PLANTED RIGHT

THERE? >> WHICH PLANT? >> YEAH. WHAT ARE THE PLANTS

THAT ARE THERE? >> THAT'S A GOOD QUESTION. I DON'T KNOW THE SPECIFIC SPECIES THAT IS LOCATED IN THAT AREA. PERHAPS THAT CAN BE A CONDITION THAT SIMPLY MATCHES THE EXISTING

SPECIES. >> WELL, THAT WOULD MAKE APPROVING THIS EASIER, BECAUSE THAT'S ONE OF THE ALLOWABLE ITEMS FOR APPROVAL IS THAT YOU MATCH THE EXISTING GROWTH.

>> RIGHT. >> OKAY. ANYBODY ELSE HAVE QUESTIONS FOR STAFF? HEARING

NONE, THANK YOU, CARLOS. >> PLEASURE. >> DISCUSSION? MOTION?

REJECTION? >> DOESN'T BOTHER ME ONE BIT. >> IS THERE SOMETHING YOU WANT

ADDED? >> NO. I THINK WHAT I BELIEVE STAFF SAYS IS THAT THEY JUST WANT TO GO FROM THE SOUTHERN WAX MYRTLES TO THE DWARF WAX MYRTLES AND PLANT THEM ON 3-FOOT ON

[00:15:07]

CENTERS. >> THAT'S FINE. >> AND THEN ADD THE FOUR LIVE OAKS AND THAT WILL GIVE THEM THE 35-FOOT SEPARATION FOR LARGE TREES.

>> I HAVE ON OAK TREES IN 15-FOOT [INAUDIBLE] >> RTS, PLEASE.

>> MY QUESTION WAS THESE LIVE OAKS, AND I'VE GOT LIVE OAKS, THOSE ROOT SYSTEMS ARE FAR LONGER THAN 15 FEET, SO I'M WONDERING ABOUT WHAT'S IT GOING TO DO TO THE CONCRETE THAT'S

AROUND IT? >> DON'T ASK ME. I'M NOT THE ARBORIST.

>> SOMETHING TO CONSIDER, BECAUSE LIKE I SAID, I'VE GOT LIVE OAKS THAT ARE 25-YEARS-OLD AND THOSE ROOT SYSTEMS ARE 25, 30 FEET LONG. I KNOW WHERE THEY ARE. I'VE RUN INTO THEM.

>> I'M SORRY. WHAT'S -- >> THE QUESTION IS YOU'VE GOT A 15-FOOT BUFFER AND YOU'RE GOING TO PUT THESE LIVE OAKS IN THERE THEY GROW. THEY BECOME BIG. THOSE ROOT SYSTEMS ARE MUCH MORE THAN 15 FEET. THOSE TREES WILL GET BIG. I'VE GOT ROOT SYSTEMS IN MIND THAT ARE, LIKE I SAID, THEY'RE 20, 25, MAYBE EVEN 30 FEET OUT THERE. THE YARD IS PRETTY BIG AND THEY'RE ALL THE

WAY OUT. >> AND SO, YEAH, IF THE QUESTION IS, IS THIS A CONCERN? BASED ON MY CONVERSATIONS WITH ENGINEERING, IT IS NOT. THE ROOT SYSTEM DOES TEND TO SPREAD TYPICALLY IT'S MORE OF AN ISSUE WHEN IT'S CLOSER TO THE ACTUAL TREE. OTHERWISE, THE ROOT SYSTEM CAN ACTUALLY KIND OF MOVE AROUND TO SOME EXTENT. THAT SAID, YEAH, YOU'RE CORRECT.

LIVE OAKS DO TYPICALLY HAVE A DIAMETER AT FULL MATURITY OF ABOUT 60, 70 FEET ON SOME OF THOSE TREES. AND SO THAT WOULD BE AN EXTENSION, TYPICALLY, OF A RADIUS OF 30 FEET IF THE WERE

ALLOWED TO GROW TO FULL EXTENSION. >> IS I WAS THINKING ABOUT THE INTEGRITY OF THAT PARKING LOT, YOU KNOW? WHAT'S IT GOING TO DO TO THAT? IS THAT A RIGHT DECISION FOR THIS DEVELOPER. I DON'T KNOW. THAT WAS MY QUESTION.

>> YEAH. >> I MEAN, TO THINK ABOUT. >> WELL, YOU'VE ALREADY MENTIONED THAT THEY'RE NOT GOING TO INTERFERE WITH THE GAS LINE THAT'S DOWN BELOW, BUT THE POWER LINES ABOVE, YOU KNOW, AGAIN, A LIVE OAK CAN BE A HUGE TREE, AND I JUST HATE TO SEE THEM BE NOTCHED IN ORDER TO STAY THERE. BUT WE HAVE, LIKE I SAID, YOU HAVE LIVE OAKS ALL DOWN THE REST

OF THAT WALL? CORRECT? >> THAT'S MY UNDERSTANDING, YES. >> BUT WE DON'T KNOW WHAT THE

SHRUB IS IN. >> I DON'T KNOW WHAT THAT SHRUB SPECIES IS.

>> OKAY. I MEAN, I WOULD BE AMENABLE TO JUST MATCHING THAT SHRUB WORK, YOU KNOW, DOWN THE NORTHWEST FACE AND PUT IN THE LIVE OAKS, BUT WE COULD USE A MOTION.

>> I'D LIKE TO MAKE A MOTION TO APPROVE THE ALTERNATIVE LANDSCAPTING PLAN REQUEST WITH THE FOLLOWING CONDITIONS: ONE IS A SOUTHERN WAX MYRTLE BE REPLACED WITH A DWARF WAX MYRTLE OR SIMILAR AND A MINIMUM OF 24 INCHES IN HEIGHT. THE SPACING BETWEEN THE PLANTS TO BE REDUCED FROM 4 FEET TO 3 FEET. AND I'D LIKE TO SEE THE SHRUB AREA TO BE INCLUDED TO MATCH THE AREA THAT WE'VE BEEN TALKING ABOUT, TOO, SO IT'S ALL COHESION I HAVE.

>> SO THAT'S KIND OF OPEN-ENDED, BECAUSE THE SHRUBS WE'RE TALKING ABOUT ARE THE DWARFS. RIGHT?

>> YES. SO I WAS JUST GOING TO SEEK CLARIFICATION, BECAUSE ITEMS ONE AND THREE THAT YOU JUST MENTIONED DO TOUCH ON THE SAME COMPONENT. SO IF WE ARE LOOKING TO DO ITEM ONE, WHICH IS THE REDUCTION TO A SPECIFIC SPECIES OR SIMILAR, PERHAPS WE CAN SIMPLY STATE THAT IT IS -- THAT YOU RECOMMEND THAT THE SOUTHERN WAX MYRTLE BE REPLACED WITH SIMILAR SPECIES TO WHAT IS ALREADY IN PLACE AT THAT MINIMUM HEIGHT. OR IF YOU WANT TO LEAVE IT TO SIMPLY OPEN-ENDED TO SIMILAR, BUT IF WE SAY OR SIMILAR, BUT WE ALSO SAY TO MATCH, THEN IT'S KIND OF A

COUNTER. >> SO NUMBER 3 IS TO REPLACE THE SOUTHERN WAX MYRTLES, BE REPLACED WITH THE DWARF WAX MYRTLE. SO IT MATCHES? IS THAT CORRECT?

[00:20:03]

>> MAYBE YOU COULD GO AHEAD AND TAKE YOUR SLIDE SHOWDOWN TO THE VERY BEGINNING THAT HAS THE FOUR

ITEMS IN THIS. I THINK YOU JUST PASSED IT. NO? >> YEAH. SO WHEN I WAS SAYING ONE AND THREE, I WAS MOSTLY GOING WITH THE RECOMMENDATION. BUT YES, IF WE'RE REFERRING TO THE SPECIFIC ITEMS HERE, 1 THROUGH 4, THEN JUST KIND OF COMBINING BOTH YOUR FIRST AND

LAST RECOMMENDATIONS TO READ AS NUMBER 3, IF THAT MAKES SENSE. >> ALL RIGHT. SO NUMBER 3 WOULD

BE COMBINING ONE AND TWO TO FILL IN THAT SPACE. CORRECT? >> I JUST WANT TO SEEK CLARIFICATION IN THE LANGUAGE. SO JUST TO UNDERSTAND WHAT YOU'RE SAYING, YOU'RE PROPOSING THAT NUMBER ONE, A 15-FOOT COMPATIBLE BUFFER, NUMBER 2, IRRIGATION TO BE EXTENDED THE ENTIRE PROPERTY LINE, NUMBER 3, PLANTING -- OR THE RECOMMENDATION, CHANGING THE SOUTHERN WAX MYRTLE TO MATCH THE EXISTING SPECIES AT MINIMUM OF 24 INCHES IN HEIGHT, AND NUMBER 4, PLANTING LIVE OAKS 35 FEET ON CENTER IN LIEU OF ORNAMENTALS. IS THAT CORRECT?

>> THAT IS CORRECT. WELL SAID, THANK YOU. >> OKAY. WE HAVE A MOTION ON

THE FLOOR. >> SECOND. >> AND WE HAVE A SECOND. THANK YOU. ALL IN FAVOR? THAT PASSES UNANIMOUSLY. AND WE'RE ADJOURNED. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.