Sep 26, 2023 Planning and Zoning Commission

[1. CALL TO ORDER ]

[00:01:20]

WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC.

NO ACTION CAN BE TAKEN BY THE COMMISSION BY THE CITIZENS DO WE HAVE ANYONE HERE TONIGHT THAT IS HERE TO SPEAK DURING

[3. CONSENT AGENDA ]

MOVING ON TO ITEM THREE THE CONSENT AGENDA TO APPROVE THE MINUTES OF SEPTEMBER 12, 2023 REGULAR MEETING.

COMMISSIONERS, DID EVERYBODY HAVE A CHANCE TO REVIEW THE MINUTES, DO WE HAVE ANY CHANGES? OKAY.

WE ARE OPEN FOR A MOTION. >> MADAME CHAIRMAN I'LL MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED.

>> WE HAVE A MOTION ON THE FLOOR TO APPROVE THE MINUTES AS SUBMITTED. DO I HAVE A SECOND ESTIMATE.

>> I WOULD LIKE TO SECOND IT. >> ALL IN FAVOR.

I AM NOT SEEING ANYTHING ON MY SCREEN.

[4A. Consider and make a recommendation to City Council on a request by Spiars Engineering, Inc. on behalf of property owner Oden Hughes, LLC. for approval of a Tree Removal Permit on a property zoned Form-Based Urban Village (FB-UV). The 22.48-acre site is located approximately 1600 feet south of Main Street west of President George Bush Highway in the City of Rowlett, Dallas County, Texas. ]

OKAY. ITEM FOUR, ITEMS FOR INDIVIDUAL CONSIDERATION. ITEM 4A.

CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL ON A REQUEST BY ENGINEERING INC. ON BEHALF OF PROPERTY OWNER HOLDEN HUGHES LLC FOR APPROVAL OF A TREE REMOVAL PERMIT ON A PROPERTY ZONE URBAN VILLAGE SBU B, THE 22.4-ACRE SITE IS LOCATED APPROXIMATELY 1600 FEET SOUTH OF MAIN STREET WEST OF PRESIDENT GEORGE BUSH HIGHWAY IN THE CITY OF DALLAS COUNTY TEXAS.

ALEX? >> THANK YOU.

THIS ITEM WAS TABLED BY THE COMMISSION AT THE LAST MEETING TWO WEEKS AGO. GIVING MORE BACKGROUND ON THE OVERALL PROJECT. BACK IN SEPTEMBER 2016, THE CITY COUNCIL DID REZONE 57.61-ACRE TRACT WHICH INCLUDES THE SUBJECT TRACT WHICH IS LARGER THAN WHAT THIS TRACT IS BUT THAT WAS KNOWN AS DOWNTOWN EAST AND REZONE TO THE URBAN VILLAGE DISTRICT.

THEN ON MARCH 13, 2018 THERE WAS A PHASE MASTER PLAN WHICH WAS APPROVED FOR THE OVERALL DOWNTOWN EAST WHICH INCLUDED THIS PARCEL, THESE TWO PARCELS, TRACKS WERE DESIGNATED FOR MULTI-FAMILY DEVELOPMENT. THEN IN FEBRUARY OF 2021, THERE WAS A DEVELOPMENT PLAN APPROVED ADMINISTRATIVELY FOR A PHASE ONE WHICH IS 325 MULTI-FAMILY UNITS. THIS IS THE PROJECT THAT IS CURRENTLY UNDER CONSTRUCTION AT THE CORNER OF MAIN AND THE BUSH TURNPIKE FERNS ROAD. MAY OF LAST YEAR THE DEVELOPMENT PLAN FOR PHASE TWO WHICH IS THE SUBJECT PROPERTY WAS APPROVED FOR 340 MULTI-FAMILY UNITS. I WOULD ALSO NOTE A DRAINAGE PLAN HAS BEEN APPROVED FOR THE ENTIRE OF THE DOWNTOWN EAST.

I WILL SHOW YOU THAT. I SHOULD'VE OUTLINED THIS ON THE MAP, I WILL SHOW IT TO YOU. THIS ENTIRETY DOWN TO THE YELLOW LINE HERE. THAT IS DOWNTOWN EAST OF THAT.

IN THE DRAINAGE PLAN HAS BEEN APPROVED.

THIS DOES REQUIRE IMPROVEMENTS TO THE DRAINAGE CHANNEL WHICH GENERALLY FLOWS THROUGH THE AREA THAT IS HEAVILY TREED AND DOWN

[00:05:05]

UNDER THIS PLAN THAT WOULD INCLUDE ADDITIONAL BOX CULVERTS TO BE INSTALLED UNDER MILLER HEIGHTS ROAD OR MILLER HEIGHTS DRIVE, EXCUSE ME. DOWN THERE.

AND SOME STABILIZATION OF THE HEADWATERS ON THE NORTH SIDE OF MILLER HEIGHTS DRIVE BEFORE THE FLOW ENTERS INTO THE BOX CULVERTS. THEN WITH THE REMAINDER OF THIS PRESENTATION IS WHAT WAS PRESENTED LAST TIME.

HOWEVER, I SHALL GO THROUGH IT AGAIN.

THERE ARE 133 TREES THAT ARE CODE THAT ARE PROPOSED FORASED- REMOVAL. SECTION 77504H3C OF THE FORM CODE WHICH GOVERNS FOR THE PERMITS STATES THE REMOVAL OF MORE THAN THREE PROTECTIVE TREES THAT REQUIRE CITY COUNCIL ACTION AFTER RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION.

ANY CALIBER NOT MITIGATED BY PLANTING ON-SITE REQUIRES PAYMENT OF $121.67 PER CALIBER INCH INTO THE REFORESTATION FUND. THE FORM-BASED CODE DOES DEFINE PROTECTED TREES AS OKLAHOMA ELM, P COUNTRIES WHICH ARE GREATER THAN A INTERESTING CALIBER IN DIAMETER.

THE TREE SURVEY DOES INDICATE THERE ARE 158 TREES, TOTALING 2029-POINT CALIBER INCHES ON THE SITE.

OF THOSE TREES 140 ARE CONSIDERED TO BE PROTECTED TOTALING 1873 CALIBER INCHES. THE APPLICANT PROPOSES REMOVING 133 TREES WITH A TOTAL OF 1789.5 CALIBER C INCHES.

MITIGATION CREDITS AUTHORIZED BY THE FOREIGN-BASED CODE FOR SAVING ANY PROTECTED TREES AS WELL AS THE TREES THAT ARE PLANTED WITH THE DEVELOPMENT ALONG STREETS WITH AN OPEN SPACES AND LOG TRAILS. THE MITIGATION TRIED IT OUT 4 - ONE WHICH IS FOR CATTLE UNDER CALIBER INCHES FOR EVERYONE CALIBER INCH SAVED WHICH IS PROVIDED FOR ANY TREES THAT ARE 8 - 20 CALIBER INTERESTS THAT ARE PRESERVED FOR THE PROTECTED TREES HAVE THE CALIBER INCH MEASUREMENTS TO BE PRESERVED.

THE SEVEN PROTECTED TREES THAT ARE PROPOSED TO QUALIFY FOR THE 4 - 1 MITIGATION CREDIT. THE MITIGATION CREDIT TOTALS HUNDRED 44 INCHES. ADDITIONALLY THERE WILL BE 125 TREES WITH AN ADDITIONAL YIELDING OF 375 CALIBER INCHES PLANTED ALONG STREETS THAT WOULD GIVE AN ADDITIONAL 375 INHES OF MITIGATION CREDIT. THE TEXAS LOCAL GOVERNMENT CODE HAS A SECTION 212905 REQUIRING CITIES TO OFFER MITIGATION CREDIT FOR ANY PLANTED TREES THAT ARE TO CALIBER INCHES OR GREATER. THIS IS CALCULATED AT 50% OF THE ECAUSE THERE FOREIGN-BASED CODE. DOES GRANT MITIGATION CREDIT FOR ALL TREES THAT ARE THREE CALIBER INCHES WERE GREATER WHEN THEY ARE PLANTED, THE 50% CREDIT WOULD APPLY TO ONLY THOSE TREES PROPOSED FOR PLANTING THAT ARE GREATER THAN TWO CALIBER INCHES IN LESS THAN THREE CALIBER INCHES.

THIS APPLIES TO ADDITIONAL 183 CALIBER INCHES AND THAT% ADDITIONAL MITIGATION CREDIT IS MONETIZED IN THIS CASE OF WHICH YIELDS N ADDITIONAL MITIGATION CREDIT OF $11132.81.

THIS AGAIN IS SHOWING THAT THE PROPOSED LANDSCAPE PLAN SHOWING THE TREES THAT ARE YELLOW OUR STREET TREES THAT WILL BE ADDED.

THE TREES THAT ARE PINK OR OPEN SPACE TREES AND THE TREES THAT ARE GREEN ARE TREES THAT ARE PLANTED THAT ARE NOT THROUGH FOREIGN-BASED CODE ALLOWED TO MITIGATION CREDIT BUT ARE GREATER THAN 2 INCHES IN SIZE. THEY ARE LOCATED AGAIN ON OTHER SPOTS THROUGHOUT THE SITE AS WELL AS WITHIN THE PARKING AREAS. AGAIN, THIS RECAPS IN A TABULAR FORM, THE WHOLE MITIGATION PROPOSAL AGAIN STARTS OFF WITH 1873 CALIBER INCHES AND PROTECTED TREES.

THEY END UP WITH 709 TOTAL INCHES OF CREDITS.

THERE WILL BE 1080 INCHES, 1080.5 INCHES OF NOT MITIGATED REQUIRING A CONTRIBUTION OF REFORESTATION FUND OF $131, $131,164.1344. WITH THE ADDITIONAL CREDIT GRANTED BY THE TEXAS LOCAL GOVERNMENT CODE, THAT ATTRACTS $11132.81. FROM THAT TOTAL.

THE REQUIRED CONTRIBUTION AFTER ALL OF THAT CALCULATION DOES YIELD A MITIGATION FEE OF $120,331.62 TO BE PAID BY THE

[00:10:06]

THE PLANNING AND ZONING COMMISSION MAY RECOMMEND DENIAL OF THE TREE REMOVAL PERMIT IF IT'S DETERMINED THAT THE REMOVAL OF THE TREE IS NOT REASONABLY REQUIRED IN ORDER TO CONDUCT ANTICIPATED DEVELOPMENT ACTIVITIES.

REASONABLE ACCOMMODATION CAN BE MADE TO PRESERVE A TREE FOR THE PURPOSE OR INTENT OF THIS SUBCHAPTER IS NOT BEING MET BY THE APPLICANT. STAFF HAS RECOMMENDED APPROVAL OF THE PERMIT BASED ON THE DEVELOPMENT PLAN.

THE REMOVAL OF THE TREES IS NECESSARY TO ACCOMMODATE THE PROPOSED CONSTRUCTION AND RELATED PUBLIC INFO STRUCTURE.

WITH THAT AGAIN I WOULD BE HAPPY TO ENTERTAIN QUESTIONS, THE APPLICANT IS ALSO HERE THIS EVENING TO ANSWER ADDITIONAL QUESTIONS IF YOU HAVE. AND ALSO IF YOU WISH TO PROVIDE ADDITIONAL BACKGROUND UPON THE PROPOSED DEVELOPMENT THAT THEY HAVE KNOWING THAT THIS WAS SOMETHING THAT WAS ADMINISTRATIVELY APPROVED AND DID NOT HAVE COMMISSION CONSIDERATION. I WILL LEAVE IT UP TO THE CHAIR

TO DETERMINE OUR NEXT STEP. >> THANK YOU ALEX.

COMMISSIONERS, QUESTIONS FOR STAFF?

>> MR. ENGLAND? >> HI ALEX, UNFORTUNATELY COMMISSIONER WILLIAMS IS NOT HERE TONIGHT.

BUT CAN I ASK YOU TO GO BACK TO ONE OF YOUR SCREENS AND THIS WILL PROBABLY TIE IN WITH THE DEVELOPER WITH REGARDS TO

CONTROLLING THE FLOW OF WATER. >> SURE.

>> WHICH SLIDE WOULD THAT BE? THIS ONE HERE?

>> A SLIDE EXPENDING CERTAIN BOXES.

>> IF I COULD PROVIDE A LITTLE BIT MORE DETAIL ON THIS.

WE DID PROVIDE THE INFORMATION AS THERE WERE SOME QUESTIONS IN THE PREVIOUS MEETING WHEN THIS WAS TABLED.

HOWEVER, CONSIDERATION OF THE DRAINAGE ISSUES ARE NOT PART OF THE CONSIDERATION OF WHETHER OR NOT TO ISSUE A TREE REMOVAL PERMIT. THAT IS SOMETHING THAT IS BEING REVIEWED BY THE CITY ENGINEER AS FAR AS THE DRAINAGE AND WE DID PROVIDE SOME INFORMATION. I WOULD REQUEST THAT THE BOARD CONSIDER THAT AND NOT GET TOO FAR INTO THE DRAINAGE ISSUES.

THAT IS A SEPARATE PROCESS. >> I UNDERSTAND EXACTLY WHAT YOU ARE SAYING. BECAUSE THE ISSUE HAS TO DO WITH ALL THE TREES THERE AND WHAT COMMISSIONER WILLIAMS WAS SAYING. SHE LIVES FURTHER DOWN THE CREEK AND LAST AUGUST THEY HAD 8 INCHES OF RAIN IN THE WATER GOT UP CLOSE TO THEIR HOUSE. I THINK SHE WAS MAINLY CONCERNED IF THE TREE ROOTS ABSORB SO MUCH WATER, HERE AGAIN I GUESS THIS IS WHAT THE CITY HAS TO REVIEW TO MAKE CERTAIN IT IS DONE CORRECTLY AND THAT WE ARE CONTROLLING THE WATER SO WE DON'T HAVE OTHER PEOPLE DOWNSTREAM CONCERNED ABOUT

FLOODING. >> ANY OTHER COMMENTS OR

QUESTIONS? >> I MENTIONED THIS LAST TIME THAT WE TALKED ABOUT THIS ITEM. THE SPECIFIC ITEM IS SPECIFICALLY ABOUT TREE PRESERVATION AND IN ANY PROJECT THE CITY HEARS OR REVIEWS, THERE ARE GUIDELINES THAT THEY HAVE TO FOLLOW AS IT RELATES TO WATER RETENTION AND EVERYTHING SURROUNDING THAT. I JUST WANT TO REITERATE, WE NEED TO KEEP FOCUS ON THE TREE PRESERVATION ITEM.

YES, SIR. >> ALEX, EVERY TIME WE HAVE ONE OF THESE, ONE OF MY QUESTIONS IS ALWAYS HOW BIG IS THE FUND NOW AND WHAT ARE WE DOING WITH IT? IS THERE ANY WAY THAT WE CAN SEE

A PLAN. >> START PLANTING NEW TREES.

>> THIS HAS BEEN GIVEN TO THE PARKS AND RECREATION DEPARTMENT, MR. CLEAVER IS THE DIRECTOR OF THAT DEPARTMENT TO COME UP WITH A PLAN ON HOW THE FUNDS ARE TO BE EXPENDED, I'M NOT SURE ALL OF THE FUNDS BUT SOME OF THE FUNDS. THE BEST UNDERSTANDING THAT I HAVE AND DL JACKSON MAY HAVE MORE OF A SPECIFIC NUMBER BUT THE FUND IS IN THE HUNDREDS OF THOUSANDS OF DOLLARS.

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>> I WILL GET A NUMBER FROM PROVIDE YOU DOCUMENTATION.

>> I WOULD SUPPOSE IF THIS MOVES FORWARD TO THE COUNSEL FOR THE CONSIDERATION WE WILL INCLUDE THAT INFORMATION IN THAT STAFF

REPORT. >> A FOLLOW-UP QUESTION, I HATE TO HIJACK THIS PARTICULAR PERMITS.

IT'S MORE OF A GENERAL FUND QUESTION.

THE FUNDS THAT GO INTO THIS FUND, THEY SEGREGATED OR GOING

INTO THE GENERAL FUND. >> PERFECT.

>> THEY ARE SEGREGATED. I WOULD TAKE THIS OPPORTUNITY TO NOTE THAT THEY WERE TO PUBLIC INPUT COMMENTS THAT WERE RECEIVED THROUGH THE PORTAL. THOSE ARE PRINTED OFF AND PROVIDED TO THE COMMISSION FOR THEIR CONSIDERATION AS WELL.

>> I JUST WANT TO CLARIFY, NOT ONLY DO WE WANT TO KNOW THE AMOUNT THAT IS IN THAT FUN BUT ARE THERE ANY PLANS TO USE THEM TO PUT IN SOME TREE SOMEWHERE? WE CAN DIFFER THAT.

I THINK I GET THE CIRCUMSTANCES AND BECAUSE OF SOME OF THE CONCERNS SURROUNDING THIS ITEM. I WOULD LIKE TO HEAR FROM HER APPLICANT AND SEE IF THEY HAVE ANYTHING ADDITIONAL TO OFFER IN WHICH WE DIDN'T HEAR TO EXTENT. IF YOU WOULD COME UP, IF YOU DON'T MIND'S TEACHER NAME AND ADDRESS FOR OUR RECORDS.

>> I WAS WONDERING ABOUT THAT. >> I TELL YOU ALL THAT WE DID HAVE A DISCUSSION ABOUT THE TREE FUND AND SOME OF THE MONIES THAT WERE AVAILABLE, I DID NOT GET A NUMBER BUT ONE OF THE OPTIONS GIS D WAS WORKING ON A FACILITY WHERE THEY PROVIDED SOME ARBORIST TYPE SERVICES AND THEY WERE LOOKING AT DOING SOME PLANTINGS TO ALLOW FOR REFORESTATION IN THE AREA AS WELL AND I'LL FIND OUT EXACTLY WHAT IS HAPPENING WITH THE.

I WILL GET MORE INFORMATION. I DON'T REMEMBER ALL OF THE DETAILS. I WILL FIND OUT AND YOU WILL GET A REPORT. [INAUDIBLE]

>> IT IS WORKING. DAVID GODWIN 3613 WITH GRANADA AVENUE AND WITH OH TC PARTNERS. THIS'LL BE A LITTLE REPETITIVE.

OUR MULTI-CONSTRUCTION HERE IN DALLAS WE HAVE 35 EMPLOYEES AND UNDER CONSTRUCTION ON FOUR PROJECTS IN DFW EVERYWHERE FROM UPTOWN AND DALLAS TO ARLINGTON EVENTUALLY THIS VALID SIDE ALL

[00:20:06]

WE WORKED WITH STAFF AND TRY TO KEEP AS MANY TREES AS WE CAN, THIS SITE IS TIGHT IT'S 9 ACRES WE DID THE BEST WE COULD TO KEEP AS MANY TREES ON SITE. ANYWAY LAST TIME I SAID I WOULD BRING SOME SLIDES TO SHOW YOU WHAT THE PROJECT WOULD LOOK LIKE, THAT'S WHAT I WANTED TO DO.

THIS IS THE SITE PLAN IT IS 346 UNITS.

IT IS KIND OF TILTED BUT THE NORTHSIDE IS ON THE RIGHT SIDE AND YOU WORK YOUR WAY SOUTH TOWARDS THE WATER TOWER IT WOULD BE TWO ROWS OF TOWNHOMES ON THE OF FOUR-STORY FLATS APARTMENT THAT WE CALL IT. THIS IS A RENDERING.

YOU CAN SEE THIS WILL BE THE MAIN AREA WHERE PEOPLE WILL ENTER THE BUILDING GOING INTO THE LEASING OFFICE.

I HAVE SOME BETTER IMAGERY OF THE POOL LATER ON.

ANOTHER PICTURE OF THE FAÇADE AND HERE IS THE POOL.

THAT'S IT THAT'S ALL I GOT. HERE TO ANSWER ANY QUESTIONS.

HAVE OUR CIVIL ENGINEER HERE DAVID VON HE CAN ANSWER ANY QUESTION RELATED TO OUR TREE PERMIT.

I KNOW WE DON'T WANT TO TALK ABOUT DRAINAGE BUT WE'VE BEEN WORKING WITH STAFF OVER THE LAST WEEK TO GET EVERYTHING SQUARED AWAY BUT HAPPY TO ANSWER ANY QUESTIONS.%

>> I JUST HAVE ONE QUESTION BASICALLY WHAT YOU GUYS SAID YOU DO IS FOCUS ON CLASS A APARTMENTS, I'VE NEVER HEARD

THAT TERM BEFORE. >> WE DON'T DO ANYTHING AFFORDABLE OR STUDENT RELATED BRIDGES TRY TO BE THE BEST MULTI-FAMILY MARKET RATE APARTMENT.

>> IT IS A TERMINOLOGY THAT WE USE.

>> A TERMINOLOGY THAT YOU USE. >> OR THE INDUSTRY.

>> THANK YOU. >> ANY OTHER QUESTIONS FOR THE

APPLICANT? >> WE THANK YOU.

>> THANK YOU. >> AT THIS POINT I AM READY FOR

A MOTION. >> MR. CONTE.

>> MADAM CHAIRMAN I MOVED TO APPROVE THE TREE REMOVAL PERMIT

AS PRESENTED. >> WE HAVE THE MOTION ON THE FLOOR FOR APPROVAL DO I HAVE A SECOND?

>> WE HAVE A SECOND BY LEARY. ALL IN FAVOR.

WE HAVE ONE EXTENSION AND ONE KNOW BUT THE ITEM PASSES.

THAT IS THE LAST ITEM ON THE AGENDA.

I WANT TO MAKE A COMMENT, THIS IS THE LAST MEETING THAT I WILL BE ATTENDING AS A PLANNING AND ZONING COMMISSIONER.

I THINK I HAVE BEEN ON THE COMMISSION NINE YEARS AND I'VE ENJOYED EVERY MOMENT. I WOULD LIKE TO THANK THE CITY, STAFF, PARTICULARLY SUSAN NIX WHO IS NOT HERE TONIGHT.

SHE HAS BEEN A JOY TO WORK WITH, EVERYONE HAS.

I'M GOING TO MISS THE COMMISSIONERS VERY MUCH I ENJOYED WORKING WITH ALL OF YOU AT FIRST RIGHT.

I AM JUST WINDING DOWN. THANK YOU

* This transcript was compiled from uncorrected Closed Captioning.