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[1. CALL TO ORDER]

[00:00:09]

GENTLEMEN, AND WELCOME TO THE CITY OF ROWLETT PLANNING AND ZONING COMMISSION MEETING FOR TUESDAY, NOVEMBER 26, 2024. AS AUTHORIZED BY 55107 OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED FOR THE PURPOSES OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA ITEM HERE IN THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE, REASSESS, REALIGN THE SECULAR SESSION OR CALL THE EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT. PROCESS FOR PUBLIC INPUT, IF YOU'RE NOT ABLE TO ATTEND IN PERSON YOU MAY COMPLETE THE CITIZENS INPUT FORM ON THE CITY'S WEBSITE 3:30 P.M. THE DAY OF THE MEETING. ALL FORMS WILL BE FORWARDED TO THE PLANNING AND ZONING COMMISSION MEMBERS PRIOR TO THE START OF THE MEETING.

FOR IN PERSON COMMENTS, REGISTRATION FORMS AND STRUCTURES ARE AVAILABLE INSIDE THE DOORS OF THE COUNCIL CHAMBERS. WE HAVE A QUORUM AT 7:00 SO WE WILL GO AHEAD AND CALL THE MEETING TO ORDER. FIRST AGENDA ITEM IS CITIZENS INPUT IT AT THIS TIME, A THREE-MINUTE COMMENT WILL BE TAKEN FROM THE AUDIENCE, THREE-MINUTE COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC. NO ACTION CAN BE TAKEN BY THE COMMISSION DURING CITIZENS INPUT. WE HAVE ANY INPUT? WE'RE OPERATING IN THE DARK. OKAY. SEEING DONE, WE

[3. CONSENT AGENDA]

WILL GO AHEAD AND CLOSE CITIZENS INPUT. NEXT ITEM ON THE AGENDA IS THE CONSENT AGENDA, THE FOLLOWING ITEMS MAY BE ACTED UPON IN ONE MOTION. PLANNING AND ZONING COMMISSION, OR A CITIZEN MAY REQUEST ITEMS TO BE REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION. THOSE ITEMS ARE CONSIDERED ACTION TO APPROVE THE MINUTES OF THE OCTOBER 22ND, 2024 REGULAR MEETING, AND CONSIDER ACTION TO APPROVE -- AT ROWLETT FINAL PLAT. DOES ANYBODY WANT TO REMOVE AGENDA? WELL, I DO. I WOULD LIKE TO REMOVE IT FOR CONSIDERATION.

FOR INDIVIDUAL CONSIDERATION. ANY OTHERS? SEEING NINE . WE HAVE ON THE CONSENT AGENDA, CONSIDERED ACTION TO APPROVE THE MINUTES OF OCTOBER 22ND, 2024, REGULAR MEETING. MR.

HERNANDEZ. >> I MAKE A MOTION TO APPROVE THE MINUTES FROM LAST MEETING. WE MET WITH HAVE A SECOND BY MS. WILSON. ANY DISCUSSION? LET'S CALL THE VOTE.

AND WHAT DO WE NEED TO DO? THERE WE GO. AND THAT PASSES

[3B. Consider approval of Final Plat Consider action to approve Oxenfree at Rowlett Final Plat, submitted by Bryan Moody, Kimley Horn, on behalf of property owner Clifford Payne, Core PBSFR Rowlett Castle LLC. The approximately 31.2435- acre tract is located at the corner of Castle Drive and Merritt Road and is situated in the Richard Copeland survey, abstract No.229 and reason Crist survey, abstract No. 225 and all of Lot 1, Block 1, Merritt Estates No.2 in the City of Rowlett, Dallas County, Texas.]

UNANIMOUSLY, 6-0. NEXT ITEM WILL BE TO CONSIDER THE APPROVAL OF FINAL PLAT , CONSIDER ACTION TO APPROVE OXENFREE AT ROWLETT FINAL PLAT SUBMITTED BY BRYAN MOODY, KIMLEY HORN ON BEHALF OF HYPER-D OWNER CLIFFORD PAYNE.

CORE PBSFR CASTLE LLC, APPROXIMATELY 31.2435 ACRE TRACT IS LOCATED AT THE CORNER OF CASTLE DRIVE AND MERRITT ROAD AND IS SITUATED IN THE -- NUMBER 225, ALL OF WHAT ONE, BLOCK ONE, MERRITT ESTATES NUMBER TWO IN THE CITY OF RALEIGH, DALLAS COUNTY, TEXAS.

>> GOOD EVENING COMMISSIONERS, I AM HERE TO PRESENT THIS ITEM TONIGHT. BACKGROUND ON THE SUBJECT PROPERTY, THIS IS A SITE ZONE WITHIN TWO FORM-BASED CODE DISTRICTS.

>> CAN GO AHEAD AND INTERRUPT YOU?

>> OF COURSE. >> I THINK EVERYBODY HAS IT. I JUST WANTED TO MAKE A NOTE THAT WE NEED TO GO AHEAD AND SUBMIT THIS FOR ACTION WITH THE ITEM STAMP BEING PRELIMINARY REMOVED

BECAUSE THIS WILL BE FINAL. >> OKAY, YES.

>> AND AS A PERSONAL NOTE, I FOUND THAT THE EASEMENT NOTICES ON THIS THING WORK INCREDIBLY HARD TO FOLLOW. BUT , I GUESS THAT'S JUST BECAUSE -- ARE THESE EASEMENTS?

[00:05:19]

>> IT IS A MIDDLE LITTLE MISLEADING.

>> SO, THERE IS A CLARIFICATION ON THE ENCORE EASEMENT KIND OF POINTING TO -- I CAN REALLY SEE WHAT THE LOT BLOCKER.

>> BLOCKS C AND D . >> IT DOESN'T SHOW A REFERENCE TO THE EASEMENT ON THE SIDE. I THINK IT IS A 10 FOOT EASEMENT.

TO THE RIGHT OF WAY. IT IS JUST SHOWN ON THE TOP AND BOTTOM.

>> BLOCKS C AND D, YEAH. THAT'S INTERESTING TOO BECAUSE THAT IS BLOCKS C . IT SHOULD SAY BLOCKS C, LOT 16, BLOCK D, LOT 22. IT'S INCONSISTENT THROUGHOUT THE PLAT. THERE ARE

SEVERAL OTHERS. >> YOU JUST WANT THAT CHANGED?

>> I THINK THE REQUEST WAS FOR THE STAMP TO BE CHANGED FROM PRELIMINARY TO FINAL ON THE SIGNATURE PAGE. AND THEN ALSO CLARIFY THE EASEMENTS. SPECIFICALLY THE ENCORE EASEMENT. THE ENCORE EASEMENT JUST APPEARS TO NOT BE MARKED

ON THOSE TWO BLOCKS. >> OKAY. ANYBODY HAVE ANYTHING ELSE? SO, I WILL ENTERTAIN A MOTION. MR. FRISBY.

>> THE MAIN CONCERN I HAVE HAD WITH THIS PARTICULAR DEVELOPMENT IS THE SIZE OF SOME OF THESE LOTS. I JUST NEED TO GET CLARIFICATION FOR THE RECORD, FOR EXAMPLE ON BLOCKS C, LOT 2019, 1870 TEAM THAT ARE 25 FEET WIDE , THOSE ARE JUST INCREDIBLY SMALL , VERY TIGHT LOT SIZES , AND I JUST WANTED TO -- YOU KNOW, UNFORTUNATELY, WHEN WE GET THESE PLOTS, WE DON'T GET A BUILDING ELEVATION OR ARCHITECTURAL RENDERINGS TO GO ALONG WITH IT, SO IT'S VERY HARD TO ENVISION WHAT KIND OF DEVELOPMENT WILL GO INTO THAT SIZE OF LOT. DO WE HAVE ANY

INFORMATION ON THAT? >> YES, SO WHEN IT COMES TO THE FORM-BASED CODE, AND THIS PARTICULAR DEVELOPMENT, THERE ARE DIFFERENT HOME SIZES. SOME ARE A LOT SMALLER THAN YOUR TYPICAL -- THE TYPICAL LOT SIZE THAT YOU WOULD SEE, BUT IT IS ALL, YOU KNOW, BASED ON WHAT THE FORM-BASED CODE IS ASKING FOR. I BELIEVE THOSE ARE COSIDA LOTS.

>> YEAH, TEENY TINY HOUSE. >> THEY ARE SMALLER SIZED

HOMES. >> ARE THESE CONTINUOUS WALLS

BETWEEN THE LOTS? >> NO, THESE ARE GOING TO BE SEPARATED. THEY ARE SEPARATING IT INTO DIFFERENT LOTS.

>> 25 FEET IS EXTREMELY TIGHT. THE FIRE DEPARTMENTS LOOKED AT THIS, RIGHT? BECAUSE I DON'T SEE HOW THE TYPICAL STANDARD IS 10 FEET , FIVE TO 10 FEET BETWEEN PROPERTY LINE AND THE EDGE OF A BUILDING FOR FIRE CODES , SO OBVIOUSLY IF YOU TAKE FIVE FEET ON EACH SIDE OUT OF A 25 FOOT WIDE LOT, YOU'VE GOT A 15 FOOT WIDE HOME. IT IS ALMOST LIKE A TRAILER HOME IN TERMS OF WIDTH. A ROADWAY LANE IS 12 FEET IN WIDTH , SO I'M JUST HAVING A HARD TIME VISUALIZING WHAT KIND OF A HOME IS GOING TO BE CONSTRUCTED IN THIS TYPE OF A LOT.

>> I CAN CERTAINLY PROVIDE YOU MORE INFORMATION PERTAINING TO WHAT THE FIRE DEPARTMENT HAS BEEN ASKING FOR, BUT WE DO KNOW BEFORE COMING TO YOU WITH THIS PLAT, WE HAVE A SITE DEVELOPMENT PLAN, AND ITEMS THAT WE CHECKED BEFORE ANY TYPE OF BUILDING PERMIT IS APPROVED , SO BUT I CAN DEFINITELY CHECK FOR YOU WHEN IT COMES TO IF YOU ARE CONCERNED WITH FIRE SAFETY.

WHEN IT COMES TO THE LOT SIZE, THEY ARE ALLOWED TO DO THAT

[00:10:05]

JUST BASED ON THE TYPE OF HARM THAT THEY ARE ASKING FOR HERE.

>> WE ACTUALLY DON'T NECESSARILY REQUIRE THAT THEY GIVE US ELEVATIONS OR FOOTPRINTS FOR THE INDIVIDUAL STRUCTURES OR HOMES GOING ON THOSE LOTS. WE HAVE REVIEWED SOME MASTER PLANS JUST TO GET AHEAD OF THE GAME A LITTLE BIT WITH OUR BUILDING TEAM TO SEE SOME OF THE HOMES COMING IN ON THE VARIOUS LOT SIZE TYPES BUT THERE ARE NO EXCEPTIONS TO ANY OF THE STANDARD CODES FROM BUILDING OR FROM FIRE CODE , THE IFC, IN REGARD TO THE SEPARATION DISTANCE OR ANY OF THE OTHER REQUIREMENTS FOR'S FIRE SAFETY SO I'M NOT SURE EXACTLY WHAT THE SEPARATION WILL BE FROM STRUCTURE TO STRUCTURE ON THOSE LOTS BECAUSE WE HAVEN'T SEEN SPECIFIC PERMITS BE SUBMITTED FOR INDIVIDUAL LOTS BUT THEY WOULD HAVE TO BE COMPLIANT WITH ALL OF THE APPLICABLE CODES, AND IF THE DISTANCE DOESN'T ALLOW FOR IT, THERE MAY NEED TO BE FIREBALLS AND STOP IT I DON'T KNOW THAT THAT HAS BEEN PROPOSED AT THIS TIME BUT IF IT WAS NECESSARY DUE TO THE SEPARATION DISTANCE, THAT WOULD BE REQUIRED ON THE PERMIT.

>> MR. SWIFT . >> QUESTION FOR STAFF, THIS MEETS ALL REQUIREMENTS OF THE CODE, SO LET'S SAY I ABSOLUTELY HATED THIS, WE HAVE TO APPROVE IT, RIGHT? WE MUST APPROVE? IS THAT THE CASE? REGARDLESS OF WHAT THE ELEVATION IS AND WHAT WE LIKE OR DON'T LIKE? IF IT MEETS THE FORM-BASED CODE, MY UNDERSTANDING IS THAT WE MUST

APPROVE. >> YES. WELL, IF IT MEETS ALL THE CITY REQUIREMENTS. AND HAS THE RIGHT STAMP ON IT. OKAY.

>> THANK YOU. >> ANYONE ELSE? WELL, I WILL ENTERTAIN A MOTION. WITH AN EXCEPTION. OR WITH A CORRECTION.

YEAH.

YES MA'AM, WE CAN DO THAT. WE WILL DO A HAND VOTE ON THAT.

SO, DO WE HAVE A MOTION? WE HAVE TO HAVE A MOTION, OKAY? MR. SWIFT. ALL DONE . PUSH YOUR RTS, PLEASE. THERE YOU GO.

>> I FEEL LIKE A DINOSAUR OUT HERE. MAKE A MOTION TO APPROVE WITH THE STAMP BEING CHANGED FROM -- HELP ME OUT WITH THE WORDING HERE. PRELIMINARY TO FINAL, ANY CLARIFICATION OF THE

ENCORE EASEMENTS BE CLARIFIED. >> WE HAVE A MOTION ON THE FLOOR. WE HAVE A SECOND? GO AHEAD AND PUSH YOUR RTS. MR.

HERNANDEZ. >> I WILL SECOND THE MOTION.

>> WE HAVE A MOTION AND A SECOND ON THE FLOOR TO APPROVE THE FINAL PLAT WITH THE CHANGE IN STAMP FROM PRELIMINARY TO FINAL, AND WITH THE CLARIFICATION ON THE EASEMENTS.

ANY DISCUSSION ON THE MOTION? I AM SEEING NINE . LET'S CALL THE BOAT . BY HAND, PLEASE. RAISE YOUR HAND FOR APPROVAL.

IT PASSES 6-0 . THANK YOU. OUR NEXT ITEM IS TO CONDUCT A

[4A. Conduct a public hearing and make a recommendation to the City Council on a request by Clark L. Johnson, on behalf of Lidl US Operations LLC, for a Special Use Permit (SUP) to allow a restaurant with a drive-thru on property zoned General Commercial/Retail (C-2) District. In conjunction with the proposed development, the applicant is also requesting approval of an Alternative Landscape Plan (ALP). The subject property is located at 8201 Lakeview Parkway and is further described as Block A, Lot 3RA of the Amesbury Phase II Replat, in the City of Rowlett, Dallas County, Texas.]

PUBLIC HEARING AND MAKE AN ACCOMMODATION TO THE CITY COUNCIL ON A REQUEST BY CLARK L JOHNSON ON BEHALF OF TRENT 26 OPERATIONS LLC TO ALLOW A RESTAURANT WITH DRIVE-THROUGH ON PROPERTY ZONED GENERAL COMMERCIAL/RETAIL SEE E- TO DISTRICT IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT, THE APPLICANT IS ALSO REQUESTING APPROVAL OF AN ALTERNATE LANDSCAPE PLAN. THE SUBJECT EFFORT IS LOCATED AT 8201 LAKEVIEW PARKWAY AND IS FURTHER DESCRIBED AS BLOCK A, LOT 3RA OF THE AMESBURY PHASE II REPLATE IN THE CITY OF ROWLETT,

DALLAS COUNTY, TEXAS. >> THIS LOCATION IS AT 8201 LAKEVIEW PARKWAY, ADJACENT TO THE STARBUCKS IF YOU'RE FAMILIAR WITH THAT AREA , IT IS PLATTED, IT IS ZONED C2, AND

[00:15:04]

THE REQUEST FOR TONIGHT IS FOR SPECIAL USE PERMIT , FOR CHIPOTLE RESTAURANT WITH A DRIVE-THROUGH , AND THEY ARE ALSO ASKING FOR AN ALTERNATIVE LANDSCAPE PLAN WITH THE REQUEST. THE DEVELOPMENT PLAN, THE ACTUAL RESTAURANT ITSELF IS ABOUT 2325 SQUARE FEET , THEY DO HAVE A DRIVE-THROUGH, BUT IT ACTS MORE OF A PICKUP WINDOW, IT DOESN'T HAVE YOUR TYPICAL SPEAKER ON THERE, IT IS REALLY JUST GOING IN TO PICK UP YOUR FOOD, AND THEIR PROPOSED HOURS OF OPERATION IS MONDAY THROUGH THURSDAY, 1030 A.M. TO 10:00 P.M., FRIDAY THROUGH SATURDAY 10:30 A.M. THROUGH 11:00 P.M., AND SUNDAY 10:30 A.M. TO 9:00 P.M. IN TERMS OF THE ALP, WE DID LOOK AT THE LANDSCAPE PLAN AND THEY ARE REQUESTING A MODIFICATION . WHEN YOU'RE LOOKING AT LANDSCAPE PLAN IN THIS AREA, THERE IS A NEED FOR A 20 FOOT RIGHT-OF-WAY BUFFER , AND DUE TO THE EXISTING WATER LINE EASEMENT AND OVERHEAD ELECTRIC LINES, THEY ARE ASKING FOR A DEVIATION OF THAT. ESSENTIALLY THEY ARE GOING TO PLANT THE TREES ELSEWHERE ON-SITE, ESSENTIALLY YOU WILL NEED SIX TREES, THEY ARE PROPOSING TO PLANT THOSE TREES THAT WOULD BE IN THAT AREA, THERE WOULD BE TWO CANOPY TREES ALONG THE WESTERN PROPERTY LINE AND ONE CANOPY TREE ALONG THE NORTHERN DRIVE FILE, AND THEN SIX ORNAMENTAL TREES IN THE SOUTH EAST PARKING LOT, AND THOSE FROM ONE TO THREE, SO THAT WOULD ADD UP TO THE SIX TREES REQUIRED ON THE PLANTS.

IN TERMS OF THE APPROVAL CRITERIA, TO CONSIDER, THERE ARE A FEW CRITERIA YOU HAVE TO CONSIDER, ONE IS CONSISTENT WITH A COMPREHENSIVE PLAN AND REGULATIONS . THE COMPREHENSIVE PLAN DOES ALLOW FOR FOOD AND BEVERAGE SERVICES WITHIN AN EXISTING SHOPPING CENTER ON LAKEVIEW PARKWAY, IT DOES ALIGN WITH THAT COMPREHENSIVE INTENT. TWO IS TO ALIGN WITH THE ZONING DISTRICT PURPOSE AND INTENT, IT IS INTENDED FOR RETAIL CELL USAGE AND IT DOES ALIGN WITH THAT. THREE IS CHANGING CONDITIONS OR PROPOSED GOODS AND SERVICES TO THE PUBLIC AND THIS MEETS INCREASING DEMAND FOR DRIVE-THROUGH SERVICES FOUR IS HOW SAFETY, MORALS, AND JOURNAL WELFARE. IT DOES HIM TO PROTECT THE INTEREST OF HOW SAFETY AND GENERAL WELFARE OF A GREEN JOBS, DINING OPTIONS, AND MAINTAINING SAFETY STANDARDS.

FIVE IS SUFFICIENT TRANSPORTATION AND UTILITY SERVICE. IT IS SERVICED BY EXISTING UTILITIES AND YOU WOULD HAVE TO HAVE TWO ACCESS POINTS , AND THEY WOULD CONNECT AS WELL . NUMBER SIX IS IMPACT ON NEARBY PROPERTY RETAIL USES.

IT DOES MINIMIZE IMPACT ON NEARBY PROPERTIES, AND IT DOES OFFER A CONVENIENT DRIVE-THROUGH PICKUP OPTION , AND SEVEN IS IT ASSISTS SUITABILITY WITH THE ZONING AND PROPOSED USE DOES ALIGN WITH C2 USES AND PROVIDES A QUICK SERVICE RESTAURANT SIMILAR TO OTHER AREAS HERE IN THE COMMERCIAL ZONE. FOR THE ALP APPROVAL CRITERIA, THE FIRST ONE IS UNIQUE SITE CONSTRAINTS . ON THIS SITE THERE IS WATER EASEMENT, OVERHEAD LINE THAT DOES LIMIT TREEPLANTING IN THE RIGHT-OF-WAY BUFFER. SECOND IS IT DOES MEET THE INTENT OF THE CODE REDISTRIBUTING OF THE PROPOSED LANDSCAPE REQUIREMENTS, CONSISTENCY WITH THAT ZONE IT DOES ALIGN WITH THE ADJACENT PROJECTS AND MAINTAINS THE DESIGN SIMILAR TO THE OTHER ONES. COMPLIANCE WITH THE CODE, NO MODIFICATIONS BEYOND THE PERMITTED REQUEST ARE BEING REQUESTED . WE DID PROVIDE NOTIFICATION TO THE NEIGHBORING NEIGHBORS , AND WE DID RECEIVE ONE LETTER COMING FROM THE 500 FOOT RADIUS AND THAT WAS IN FAVOR OF THE PROJECT. THE BOARD MAY APPROVE OF CONDITIONS OR DENY THIS PROJECT. I'M OPEN FOR ANY QUESTIONS , AND THE APPLICANT IS HERE AS WELL.

>> THANK YOU, SIR. COMMISSIONERS, ANY QUESTIONS

FOR STAFF? MR. FRISBIE. >> ON THE SITE PLAN, IT'S NOT EXACTLY CLEAR WHERE THE SPEAKERS ARE GOING TO BE. THERE WILL BE NO SPEAKERS? OKAY, THAT WAS MY QUESTION.

>> MR. HERNANDEZ? >> I'M JUST CURIOUS, IS THIS RESTAURANT MEANT TO BE LIKE A COMMUTER KIND OF THING WHERE THERE IS NO INTERVAL DINING, OR IS IT JUST LIKE A TYPICAL TIP

[00:20:01]

AT A RESTAURANT? >> IT WOULD BE YOUR TYPICAL, BUT THEY ARE ADDING THE OPTION TO PICK UP . THAT'S REALLY THE ONLY DIFFERENCE FROM YOUR TYPICAL TO PUBLIC, SO YOU CAN

SIT IN AND EAT IT TOO. >> OKAY, THANK YOU.

>> COMMISSIONERS, ANY OTHER QUESTIONS? DO WE WANT TO HAVE A

PRESENTATION OF THE APPLICANT? >> I BELIEVE THEY ARE HERE JUST

FOR QUESTIONS. >> OKAY, SOUNDS GOOD. THANK YOU. WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING. NO INPUT? STILL OPERATING IN THE DARK, ARE WE? OKAY. HEARING NONE THEN WE WILL GO AHEAD AND CLOSE THE PUBLIC HEARING. COMMISSIONERS?

OPEN FOR A MOTION. MR. SWIFT. >> I WILL MAKE A MOTION TO

APPROVE. >> WE HAVE A MOTION TO APPROVE.

MS. WILSON? >> I SECOND.

>> WAIT A MINUTE. OKAY. >> I CAN WITHDRAW MY MOTION TO

PASS IT OVER TO MS. WILLIAMS. >> YES, OKAY, THAT'S EASY. MS. WILLIAMS HAS A MOTION TO APPROVE. MS. WILSON HAS A SECOND. OKAY. ANY DISCUSSION? HEARING NONE. THEN LET'S CALL THE VOTE.

WE ARE DEFINITELY OPERATING IN THE DARK. OKAY, THAT PASSES UNANIMOUSLY, 6-0. THANK YOU. I WILL HAVE THEM MAKE A MOTION.

[4B. Conduct a hearing and make a recommendation to the City Council on a request by Maxwell Fisher, Zone Dev, on behalf of property owner Avalon Bayside, LLC, for approval of a Development Plan with Warrants for a hotel development on property zoned Form-Based Urban Village (FB-UV) District. The 3.204-acre property is located northwest of the intersection of Sunset Boulevard and Dalrock Road, described as a portion of Block A, Lot 1R, of Avalon Retail Development in the City of Rowlett, Dallas County, Texas. ]

OKAY. MOVING ON. ITEM 4B . CONDUCT A HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST BY MAXWELL FISHER , ZONE DEV, ON BEHALF OF THE PROPERTY OWNER, AVALON BAYSIDE, LLC , FOR APPROVAL OF A DEVELOPMENT PLAN WITH WARRANTS FOR A HOTEL DEVELOPMENT ON PROPERTIES OWNED FOREIGN-BASED URBAN VILLAGE DISTRICT. THE 3.204-ACRE PROPERTY IS LOCATED NORTHWEST OF THE INTERSECTION OF SUNSET BOULEVARD AND DALROCK ROAD , DESCRIBED AS A PORTION OF BLOCK A, LOT 1R, OF AVALON RETAIL DEVELOPMENT IN THE CITY OF

ROWLETT, DALLAS COUNTY, TEXAS. >> AS STATED, IT IS A 3.204-ACRE SITE, NORTH OF SUNSET BOULEVARD AND DALROCK ROAD. THE ZONING IS FORM-BASED URBAN VILLAGE UNDER THE FRAMEWORK PLAN, IT IS GOVERNED BY THE AVALON REGULATING PLAN, AND A HOTEL IS ALLOWED BY RIGHT IN THE URBAN VILLAGE ZONING DISTRICT. IT'S NOT SHOWING ON THERE?

>> WE CAN GO THROUGH THE PACKAGE THOUGH TO SEE IT. SO PLEASE. CONTINUE. WE ARE STILL WORKING IN THE DARK HERE.

>> IT WAS AMENDED IN SEPTEMBER OF 2024 TO ALLOW A MY NOT WARRANT EXCEEDING 400 FEET. THAT REGULATING PATENT DID DIVIDE THIS PLAN ESSENTIALLY INTO THREE PHASES, A 45 FOOT RIGHT-OF-WAY, THIS WOULD BE THE FIRST OF THOSE PHASES.

ADDITIONALLY, PLANNING AND ZONING COMMISSION DID APPROVE THE RETAIL DEVELOPMENT ON AUGUST OF 2024. THE PROPOSAL IS FOR FIVE-STORY DUAL BRAND HOTEL WITH 202 ROOMS, THEY HAVE PROVIDED 177 PARKING SPACES , THEY ARE PROVIDING THREE ACCESS DRIVES . THE REQUEST IS FOR DEVELOPMENT PLAN APPROVAL FOR A DUAL BRAND MARRIOTT HOTEL WITH MULTIPLE WARRANTS INCLUDED IN

[00:25:04]

EXHIBIT A. I WILL START GOING THROUGH SOME OF THOSE WARRANTS.

THE FIRST ARE WARRANTS FOR ON EAST AVALON WAY, THERE ARE TWO BEING REQUESTED THERE, AND THAT IS FOR THE BLOCK-PHASE CONSIDERATION WHICH REQUIRES 70% OF THE FACADE IN THE BUILDINGS ON . AND ADDITIONALLY, THERE IS THE LINE -- NO BUILDINGS ALONG THE BOTTOM PORTION, THEY ARE ASKING FOR WAIVERS FOR THOSE WARRANTS FOR THAT. WARRANT ALLOWING SAPPHIRE BAY, THEY ARE REQUESTING WARRANTS FOR BUILD 2 ZONE REQUIREMENT, THE BUILDING DOES REQUIRE 18 TO 26 FEET IN THE BUILD ZONE. THE REQUEST IS TO INCREASE IT TO 35 FEET DUE TO THE STREET GEOMETRY. ADDITIONALLY FOR THE SIDEWALK WITH, TYPICALLY WHEN YOU HAVE A BUILDING OVER THREE STORIES, THERE IS A REQUIREMENT FOR 12 FOOT CLEAR SIDEWALKS. THEY ARE REQUESTING SIX FEET DEEP TO THE SITE. AND THEN THERE IS A WARRANT ALONG SUNSET BOULEVARD. SIMILAR TO THE OTHER SIDE, THEY ARE REQUESTING THE ZONE TO INCREASE TO 35 FEET TO ACCOMMODATE UNDERGROUND QUALITIES. THERE ARE WARRANTS FOR LANDSCAPING AS WELL. INTERIOR PARKING LOT LANDSCAPE REQUIREMENTS. TYPICALLY WITHIN THE FORM-BASED CODE WHEN THERE ARE EIGHT PARKING SPOTS IN A ROW, YOU WILL TYPICALLY HAVE A PARKING ISLAND THERE . SOMETHING TO NOTE ON THIS PLAN, IT DOES HAVE TO GET AMENDED TOWARDS THE BOTTOM. THERE'S AN AREA WHERE THEY HAVE 15 PARKING SPACES THAT WILL HAVE TO GET ADDRESSED, BUT ESSENTIALLY WHAT THEY ARE ASKING FOR THE WAIVER WOULD BE FOR EVERY 12 SPACES. IN TERMS OF STREET TREES, SAPPHIRE BAY AND SUNSET WILL OF ART, THEY REQUIRE PLANTING OF TREES EVERY 25 FEET , AND THEY ARE REQUESTING TO WAIVE THIS DUE TO UTILITY CONFLICTS. AND THEN THERE IS A PARKING AS WELL, 202 PARKING SPACES FOR THE HOTEL, AN ADDITIONAL FOUR PARKING SPACES FOR THE CONFERENCE ROOM AREA. THE TOTAL -- I THINK THAT SHOULD BE SIX ACTUALLY. THE TOTAL WILL BE 208, THE APPLICANT IS PROPOSING 177 PARKING SPACES WHICH IS APPROXIMATELY 15% REDUCTION AND THEY ARE WORKING ON A SHARED PARKING AGREEMENT WITH NEIGHBORING PARTIES TO ADDRESS OVERFLOW. ALSO FOR PARKING LOCATION , ON EAST AVALON WAY, PARKING MUST BE LOCATED BEHIND BUILDINGS AND NOT BE VISIBLE FROM THE STREET, TYPICALLY WHAT THE FORM-BASED CODE ASKS FOR.

THEY ARE LOOKING TO USE EXTENSIVE LANDSCAPING AND OPEN SPACE TO MITIGATE, THAT IS ANOTHER WORK THEY ARE REQUESTING. THAT IS ON EAST AVALON WAY. THEY ARE ALSO ASKING FOR WARRANTS TO SIGNAGE. TYPICALLY YOU ONLY ALONE ONE SIGN PER OCCUPANCY, MAX 30 SQUARE FEET. THEIR REQUEST IS FOR THREE SIGNS, 67 SQUARE FEET, ONE FOR 135, AND ONE FOR 68 SQUARE FEET, THAT IS FOR THE NORTHWEST AND SOUTH ELEVATIONS.

THEY ARE ALSO ASKING FOR A MONUMENT SIGN. TYPICALLY YOU ONLY ALLOW THOSE -- THAT IS ON THE SIDE WHERE IT'S NOT ONE OF THOSE ROADS THEY ARE ASKING FOR THAT. THE REQUEST IS FOR A FIVE FOOT, 40 SQUARE FOOT LOT FOR THE HOTEL SIGN. IN TERMS OF TRANSPARENCY, TRANSPARENCY FOR THE BUILDINGS, THE REQUIREMENTS ARE 60 TO -- 30 TO 60 ON UPPER STORAGE. THEY ARE ASKING FOR REDUCTION ON THAT ON THE NORTH ELEVATION, THEY ARE ASKING FOR A REDUCTION FROM 60 TO 40, AND THE UPPER STORIES THEY ARE ASKING FOR AUTHORITY TO 20, AND ON THE WEST ELEVATIONS THEY ARE ASKING FROM 60 TO 20, AND THE UPPER STORIES, 30 TO 20%. AND PROVIDING JUST SOME VISUALS TO GIVE AN IDEA OF WHAT THAT LOOKS LIKE IN THAT AREA, YOU HAVE THE WEST FACADE THERE, SO YOU KIND OF SEE HOW THEY HAVE IT BUILT OUT. ADDITIONALLY, THAT NORTH FACADE AS WELL, THAT'S WHAT IT WOULD BE LOOKING LIKE. THERE IS

[00:30:03]

ALSO WARRANTS IN REGARDS TO ACCESS. ALL ACCESS DRIVES WILL REQUIRE MINOR WARRANTS TO MINIMIZE THE NUMBER OF ACCIDENTS, AND THEY ARE REQUESTING THREE ACCESS POINTS.

ONE AT THE TOP AND TWO ON THE SOUTH SIDE. ADDITIONALLY, THERE SHOULD BE PEDESTRIAN ACCESS. EAST AVALON WAY REQUIREMENTS USUALLY YOU WOULD HAVE AN ACCESS 60 FEET BETWEEN PARKING LOTS AND SIDEWALKS , THEY ARE ASKING FOR A WAIVER OF THAT AND THEY WOULD ONLY BE PROVIDING ONE SINGLE ACCESS POINT ALLOWING OPEN SPACE TOWARDS THE SOUTHWEST. SO, ARTICLE 1.53 OF THE FORM-BASED DOES HAVE CONSIDERATION FOR APPROVAL BY THE CITY COUNCIL. BASED ON A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION FOR EACH WORD IS CONSIDERED ON A CASE-BY-CASE BASIS TO ENSURE FLEXIBILITY. WHILE ADHERING TO THE BROADER FORM-BASED CODE. FOR THE FIRST ONE, IT SHOULD BE FOR THE GENERAL INTENT. THE PROPOSED DEVELOPMENT DOES ALIGN ON THE FORM-BASED URBAN VILLAGE DISTRICT. THE PROJECT AT THAT TO THE SITE CONDITION WHILE MAINTAINING PEDESTRIAN ORIENTED DESIGN AND URBAN CHARACTER INCLUDING OPEN SPACES AND PEDESTRIAN CONNECTIONS ALONG THE SIDEWALKS THEY HAVE PROVIDED. THE DESIGN DOES INCORPORATE REQUESTED DEVIATIONS TO THE SIDEWALK THAT ENHANCE THE STREETSCAPE AND URBAN FORM MEETING CONSISTENT WITH THE DISTRICT .2 IS IMPROVED PROJECT AESTHETICS AND FUNCTIONALITY. THE REQUESTED WARRANT WILL IMPROVE THE DEVELOPMENTS FUNCTIONALITY .

LANDSCAPING, OPEN-SPACE, AND ENGAGING BUILDING DESIGN, THEY ARE PROVIDING PATIOS, PEDESTRIAN CONNECTIONS ON THE OPEN SPACE, AND ENHANCING THE PEDESTRIAN CONNECTION BY CONNECTING THE SIDEWALKS. THE SIGNAGE DOES IMPROVE VISIBILITY WHILE CONTRIBUTING POSITIVELY TO THE STREETSCAPE AND HELPING IT BEING IDENTIFIED. THE THIRD IS IN ALIGNMENT WITH FORM-BASED URBAN VILLAGE DISTRICT INTENT. THE REQUESTED CHANGES WILL NOT HINDER THE FORM-BASED URBAN VILLAGE'S DISTRICT VISION OF A MIXED-USE WALKABLE SPACE AS THIS AREA GETS DEVELOPED. YOU WILL HAVE DIFFERENT TYPE OF USES COME IN. ADDITIONALLY, ADJUSTMENTS TO PERCENTAGES, PARKING, AND SIGNAGE ARE MADE TO IMPROVE FUNCTIONALITY AND AESTHETICS WITHOUT COMPROMISING THE DISTRICTS OVERALL INTENT. IT IS PROVIDING FOR SOME FLEXIBILITY WHILE ENSURING THE FORM-BASED RULES. THE GOVERNING BODY MAY APPROVE OF CONDITIONS OR DENY THE WARRANT REQUEST. I AM AVAILABLE FOR QUESTIONS, AND APPLICANT ALSO IS HERE TONIGHT

WITH A PRESENTATION. >> THANK YOU, SIR.

COMMISSIONERS , DOES ANYONE HAVE QUESTIONS FOR STAFF AT THIS TIME? WE WILL ALWAYS BE ABLE TO GET BACK TO YOU. DOES THE APPLICANT WISH TO MAKE A PRESENTATION?

>> CHAIR, COMMISSIONERS, MY NAME IS MAXWELL FISHER WITH ZONE DEV 2502 GRANDVIEW DRIVE RICHARDSON, TEXAS. REPRESENTING PREVAIL, WE ARE EXCITED TO PRESENT THIS PROJECT TO YOU .

PREVAIL HAS BEEN AROUND FOR 25 YEARS, THEY HAVE DEVELOPED IN TEXAS, CALIFORNIA, NEW JERSEY. YOU ARE ALL WELCOME TO TURN AROUND. YOU WON'T HURT MY FEELINGS IF YOU CAN'T SEE THE SCREEN . THEY HAVE DIRECT RELATIONSHIPS WITH MARRIOTT, HILTON, AND HYATT AND HAVE DEVELOPED SEVERAL LOCATIONS, THERE ARE FOUR EXAMPLES FOR YOU. AS MENTIONED, THERE WAS A RECENT REGULATIG PLAN AMENDMENT THAT WAS APPROVED IN A RE-TRAN06 AND IT SET UP A PUBLIC ROAD THAT RUNS TO THE SIDE AND SENSE OF HOW THE DESIGN AND LAYOUT WOULD BE.

AGAIN, TAKING UP I WOULD SAY THE MOST INFERIOR , OR LEAST ATTRACTIVE PART OF THE SITE FROM A RETAIL PERSPECTIVE, SO WE THINK THE HOTEL IS A GOOD USE HERE. IT WILL SPUR FUTURE RETAIL RESTAURANT TYPE USES A LOCK FOR THE BALANCE OF THE

[00:35:05]

DEVELOPMENT. 202 ROOMS, FIVE STORIES, WE HAVE BOTH THE SHORT-TERM COURTYARD MARRIOTT AND NO LONGER RESIDENCE IN TO COVER THE FULL SPECTRUM OF NEEDS. THIS WILL HAVE A RESTAURANT IN IT. IT WILL HAVE BREAKFAST AND DINNER. WE HAVE BUILT THE BUILDING ACCORDING TO YOUR FORM DISTRICT AS MUCH AS WE CAN, OUR PARKING IS LOCATED BEHIND THE BUILDING , WE HAVE AN OPEN SPACE AREA WE HAVE DEDICATED TO COMPLY, AND SOME STREETSCAPE PEDESTRIAN SEATING AREA THAT I WILL GO TO DETAIL ON IN A MINUTE. HERE IS A VIEW LOOKING NORTHEAST FROM SAPPHIRE BAY. WE ARE USING THE EXISTING SIDEWALK. IF YOU'VE BEEN OUT THERE RECENTLY, OR NOT EVEN RECENTLY, THERE IS EXISTING AMENITY ZONE AND SIDEWALKS, SO WE ARE UTILIZING WHAT'S OUT T TO OUR DEVELOPMENT. LOOKING WEST FROM THE PARKING LOT, THIS IS WHERE YOU WOULD DROP OFF , OR WHERE THE VEHICLES WOULD STOP TO LET SOMEONE OUT THERE IT IS SORT OF OUR FRIEND, WHICH IS THE BACK HERE, SO IT'S PEDESTRIAN-FRIENDLY FROM THE STREETS. THIS IS ACTUALLY SOUTHWEST, NOT LESS, BUT THIS IS A LONG SUNSET. WE ALSO HAVE AN ENTRY POINT ALONG THERE AS WELL. THIS IS A VIEW OUT WEST FROM THE PARKING LOT. HERE IS SOME OF THE INTERIORS. THIS IS ACTUALLY WHAT THE FINISHES WILL LOOK CLOSELY TO WHAT YOU SEE HERE, THIS IS THE RECEPTION AREA. THE LEFT AND THE RIGHT IS THE DESIGN, OR THE AESTHETICS OF WHAT THE BAR AREA WILL LOOK LIKE. HERE IS THE ELEVATOR LOBBY. ALL HIGH-END FINISHES. STAFF WENT OVER THE VARIANCES WE ARE ASKING FOR. BLOCK PHASE CONFIGURATION. A LOT OF THE WARRANTS ARE BECAUSE WE DO HAVE FURNITURE ON THREE STREETS SO IT'S HARD TO PUT A BUILDING ON ALL THREE STREETS, SO WE PUT IT ON THE TWO STREETS, AND THIS NEW STREET THAT'S BEING CREATED IS MORE OF AN ACCESS WAY , HOWEVER WE DO HAVE A POCKET PARK WE ARE PROPOSING ON THE STREET AND IT'S GOING TO BE WELL LANDSCAPED. WE WILL HAVE A ROW OF SHRUBS AND THEN ALSO TREES ALONG THERE, ADDITIONAL TREES IN THE OPEN SPACE AREA. THE GEOMETRY OF THE ROAD CREATES A SITUATION WHERE OUR BUILDING IS SLIGHTLY FARTHER THAN THE MAXIMUM SETBACK, AND A LONG SUNSET WE HAVE A UTILITY LINE WHERE WE CAN PUT THE BUILDING OVER THE UTILITY SO IT HAS TO BE SET BACK A LITTLE BIT. SOME OF THE THINGS WE CAN'T HELP, WE TRY TO COMPLY WITH EVERYTHING WE COULD WITHIN REASON FOR THE DEVELOPMENT . OPEN TRANSPARENCY, THE GROUND FLOOR BUILDING TRANSPARENCY IS DESIGNED FOR A RETAIL SPACE. WE HAVE A HOTEL SPACE, PROVIDING SIGNIFICANT TRANSPARENCY WHERE WE CAN. OUR BACK OF HOUSE OPERATIONS HAS TO BE SOMEWHERE . IN THIS CASE IT'S ON THE SAPPHIRE BAY SIDE SO THERE ARE LESS WINDOWS THERE. THAT'S WHY WE ARE ASKING FOR THAT. THE AMOUNT OF TRANSPARENCY ABOUT THAT IS APPROPRIATE FOR A HOTEL , IT'S NOT AN OFFICE BUILDING OR SOMETHING WHERE YOU MIGHT HAVE MORE GLASS. WE ARE ADDING TO THE STREET TREES THAT ARE OUT THERE, STILL A LITTLE BIT WHERE WE DON'T COMPLAIN EXACTLY BECAUSE OF THE WAY THE TREES WERE PLANTED, THEY WERE NOT PLANTED TO COMPLY SO WE ARE ADDING TO THEM BUT THERE IS STILL SPACING, SO THEY ARE A LITTLE AWKWARDLY SPACED. WE ARE PLANTING THEM WHERE THEY MAKE SENSE SO THERE ARE NOT GAPS IN THE STREET TREES AS BEST AS WE CAN. AGAIN I MENTIONED THE EAST AVALON LANDSCAPING . I WILL GO BACK TO THAT IF YOU WOULD LIKE.

THE PARKING REDUCTION IS FROM ONE TO 0.88 SPACES PER ROOM.

OUR DEMAND IS LOWER THAN WHAT THE PARKING REQUIREMENT IS, OR WHAT THE SUPPLY WOULD BE IN COMPLYING WITH THE CODE. WITH RIDE-SHARE, UBER, AND LEFT, YOU HAVE PEOPLE THAT JUST GET DROPPED OFF AT THE HOTEL. DEMAND IS DOWN FROM SAY 10 TO 15 YEARS GO. WE ALSO HAVE A PARKING AGREEMENT THAT IS IN THE PROCESS OF GETTING INKED, BUT THE DRAFT IS COMPLETE AND IT IS WITH AVALON, THE MASTER DEVELOPER. WE WILL BE ABLE TO OVER-PARK IF NEED BE. WE DON'T THINK WE WILL NEED PEOPLE, BUT WE WILL BE ABLE TO PARK ON ANYTHING THAT DEVELOPS IMMEDIATELY EAST OF US , AND THERE ARE ALSO EFFICIENCIES HERE. BECAUSE IT IS A DUAL BRAND HOTEL, SOME OF THE STAFF THAT WOULD PARK, WE DON'T NEED AS MANY STAFF BECAUSE THE STAFF SERVE BOTH COMPONENTS, SO THERE ARE SOME EFFICIENCY THERE, WITH AND THE RESTAURANT THAT SERVES BOTH TYPES OF HOTEL STAY. LESS PARKING NEEDED. THE SIGNAGE THAT WE ARE ASKING FOR, AN

[00:40:05]

APPROPRIATE SIZE TO SCALE THE BUILDING, SO IT CAN BE SEEN AND VISIBLE. WE DON'T BELIEVE IT'S AN OUTRAGEOUSLY LARGE SIGN, THE SIGNS WE ARE PROPOSING ON THE BUILDING, AND THOSE SIGNS ARE FACING THE STREETS. AND THEN WE HAVE A MONUMENT SIGN THAT WE BELIEVE LOOKS REALLY GOOD. IT'LL BE SORT OF A FRAMEWORK. BEHIND THAT IS OUR POCKET PARK. WE WANTED TO MAKE SURE YOU COULD SEE THE POCKET PARK , BUT THERE IS ONE VIEW AND HERE IS ANOTHER ONE. SO, WE WILL HAVE SOME NICE AMBIENT LIGHTING AND SOME THINGS TO MAKE IT REALLY NICE AND A POINT OF INTEREST FOR THE CITY. HOTEL IS A PERMITTED USE IN THIS DISTRICT. WE THINK IT IS MOST APPROPRIATE. THIS IS A $40 MILLION DEVELOPMENT, SO YOU WILL HAVE LOWER PROPERTY TAX, HOTEL SALES TAX, RETAIL SALES TAX, SO THERE'S A LOT OF BENEFIT HERE THAT CONTRIBUTES TO THE NEXT-USE DIVISION. IT PROVIDES BOTH TYPES OF HOTEL STAYS. IT COMPLIES WITH THE CODE AS MUCH AS WE CAN. ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT THAT WAS RECENTLY APPROVED. I WILL STOP THERE AND BE HAPPY TO ANSWER ANY QUESTIONS.

>> COMMISSIONERS? MR. HERNANDEZ?

>> MY FIRST QUESTION IS REGARDING THE PARKING. FIRST AND FOREMOST, IS THERE GOING TO BE ANY PARKING ALLOWED ALONG THE STREETS , EITHER ON SAPPHIRE BAY OR AVALON?

>> THERE IS SOME ON-STREET PARKING ALREADY ON THE STREET.

YEAH. >> OKAY. SINCE THIS IS ASKING FOR A REDUCTION IN THE NUMBER OF REQUIRED SPACES, MY IMMEDIATE THOUGHT WENT TO THE APARTMENT ALL THINGS THAT ARE THERE. IN CASE OF OVERFLOW BECAUSE SINCE THIS IS DIRECTLY ON THE INTERSTATE , I WOULD IMAGINE THERE'S GOING TO BE A LOT MORE COMMUTERS THAN RIDE-SHARE, SO MY THOUGHT HERE IS IF THERE'S GOING TO BE OVERFLOW, THERE ARE A LOT OF GUESTS, AND THE PARKING LOT WILL FILL UP PRETTY QUICKLY IS THERE ANY CONSIDERATION THAT HAS BEEN GIVEN TO THE PEOPLE THAT LIVE IN THE APARTMENTS TO MAKE SURE THAT HOTEL GUESTS CANNOT PARK IN THEIR SPACES OR ANYTHING TO THAT NATURE?

>> I DON'T THINK THAT IS SOMETHING WE'VE LOOKED INTO AT THIS POINT. I THINK THEY ARE WORKING ON THAT SHARED PARKING AGREEMENT WITH DEVELOPMENTS RIGHT NEXT TO THEM, BUT IT MIGHT BE AN OPTION THEY WANT TO LOOK INTO, BUT NOT SOMETHING THAT IS ON THE BOOKS RIGHT NOW.

>> OKAY. >> I WILL ADD TO THAT . ONCE THE HOTEL IS BUILT AND AVALON HAS MENTIONED THEY HAVE RETAILERS THERE INTERESTED IN BALANCING THE PROPERTY, BUT A LOT OF TIMES IT TAKES THAT ANCHOR AND THE ROAD TO GO IN FOR A RETAILER TO REALLY MOVE FORWARD. I DON'T THINK IT'S GOING TO BE LONG BEFORE THERE'S GOING TO BE ADDITIONAL PARKING NEXT-DOOR. I DON'T KNOW ABOUT A LOT OF HOTEL GUESTS TRYING TO PARK OVER THERE. USUALLY APARTMENTS MANAGE THEIR OPERATIVES WELL ENOUGH TO WHERE THEY DON'T WANT PEOPLE PARKING THERE, IT TAKES A SPACE OF ONE OF THEIR RESIDENCE, SO -- WHAT DOES THAT ANSWER YOUR QUESTION?

>> I THINK SO. MY CONCERN IS THE OVERFLOW SITUATIONS AND IF THE RETAIL DOES OPEN NEXT, ARE THEY GOING TO HAVE SIGNAGE THAT WOULD PREVENT HOTEL GUESTS FROM EVEN PARKING IN THEIR LOTS?

THOSE KIND OF SITUATIONS. >> YOU MEAN THE RETAIL THAT HYATT SEVEN -- THERE WOULD BE AGREEMENT WITH TENANTS. THEY WOULD HAVE NEED FOR PARKING BUT ARE GOING TO DESIGN IT AS SUCH THAT THERE IS SOME OVERFLOW PARKING FOR CROSS USE AND WE HAVE HAD LAWYERS ON IT WORKING ON CONTRACT, I'VE SEEN THE DRAFTS, SO THEY ARE FULLY COMMITTED TO HAVING SOME SHARED PARKING. WE DON'T FEEL LIKE WE NEED MUCH, BUT YOU NEVER KNOW.

WE COULD HAVE AN EVENT OR SOMETHING.

>> THE OTHER QUESTION I HAD WAS THE SIGNAGE YOU WERE MENTIONING , I THINK YOU SAID THAT WAS GOING TO BE ON THE CORNER OF SAPPHIRE BAY AND SUNSET? THAT KIND OF AREA? IS THERE NOT GOING TO BE ANY SIGNAGE ON THE DALROCK ROAD SIDE?

>> I BELIEVE THERE IS A SIGN ON THE END. I'M GOING TO GO BACK . YEAH, SO IT'S BLURRY ON THERE BUT THERE IS A SIGN ON THE END, A COURTYARD SIGN ON THE END. AND THEN -- I DON'T KNOW , THERE IS NOT ONE I BELIEVE ON THAT END, THERE IS ONE ON THE OTHER END THAT FACES EAST AVALON WAY, BUT I DON'T

[00:45:03]

BELIEVE WE HAVE ONE PLANNED ON THE END FACING DALROCK. SINCE THERE ARE TWO INTERVENING LOTS BETWEEN DALROCK AND -- IF YOU WANT TO GIVE US THAT AS AN OPTION WOULD BE HAPPY TO TAKE

IT. >> ALL RIGHT, THANK YOU.

>> MS. WILLIAMS? >> MY CONCERN WAS THE PARKING TOO. HOW BIG IS THE RESTAURANT GOING TO BE? HOW MANY SQUARE

FEET? >> THE BISTRO AREA HAS AN INSIDE AND OUTSIDE SEATING AREA, BUT IT'S MORE OF A FUNCTION OF PEOPLE STAYING THERE. IT MORE OF AN ANCILLARY TYPE OF RESTAURANT WHERE YOU ARE NOT HAVING PEOPLE JUST COMING THERE TO EAT. IT NOT GOING TO BE A HUGE DRIVER OF PARKING ON ITS OWN. NOT TO MENTION WITH HOTELS, IT IS BUSIER IN THE MORNING AND EVENING, BUT YOU KNOW, YOU ARE ALREADY GOING TO BE THERE STAYING, SO YOU'RE NOT GOING TO BE GENERATING MORE PARKING FOR THE RESTAURANT, IT'S GOING TO BE SOMEONE THERE ALREADY STAYING AND ACCOUNTED FOR BASED

ON OUR ROOM COUNT. >> SO THE RESTAURANT IS ONLY

FOR HOTEL GUEST? >> IT'S NOT.

>> SO, IF IT'S A POPULAR RESTAURANT, WHERE WILL THE

RESTAURANT PATRONS PARK? >> THEY WILL PARK IN THE HOTEL

PARKING LOT. >> BUT THE PARKING SPACES ARE

ALREADY REDUCED 15%? >> YEAH, IT'S NOT UNCOMMON IN A DEVELOPMENT LIKE THIS WHERE YOU HAVE A MIXED USE, PARTICULARLY IN A FORM-BASED DISTRICT. THERE IS EVEN A PROVISION FOR PUBLIC PARKING IN YOUR FORM-BASED CODE THAT ALLOWS A 20% REDUCTION IN PARKING. WHEN YOU HAVE COMPLEMENTARY USES LIKE THIS, THIS JUST HAPPENS TO BE THE FIRST ON THIS LOT. YOU ARE GOING TO HAVE OTHER USES WITH PEAK HOUR IN PEAK DEMAND WHERE PARKING IS DIFFERENT, SO IT'S PRETTY COMMON FOR A FORM-BASED DISTRICT TO HAVE 20, 25% LESS PARKING BECAUSE THERE'S NO REASON TO BUILD MORE PARKING THAN YOU NEED. THIS RESTAURANT WILL SERVE MERRILY THE HOTEL PATRONS THAT ARE ALREADY THERE. IT'S NOT GENERATING A LOT MORE PARKING . PLUS, WHEN YOU THINK ABOUT SOMETIMES WHEN PEOPLE STAY IN A HOTEL, THEY GET UP AND LEAVE EARLY. IF ONLY 10% OR 20% LEAVE EARLY, ALL OF A SUDDEN YOU HAVE THAT MUCH EXTRA PARKING IN THE PARKING LOT. IF SOMEONE CAME THERE LIKE FOR A LATE BREAKFAST OR EARLY EVENING, THE PARKING LOT IS NOT GOING TO BE FULL BECAUSE THE ROOMS WERE TOTALLY FULL UNTIL LATE AT NIGHT WHEN THE RESTAURANT STOPS SERVING.

>> OKAY, THANK YOU. >> MR. SWIFT.

>> I THINK WE HAVE BEATEN PARKING UP A BIT, BUT MY BRAIN HURTS BECAUSE WE HAVE 200 PARKING SPOTS, 200 ROOMS, AND IN MY MIND EVERYBODY SHOWS UP AT THE SAME TIME AND THEY ALL SIT THERE AT THE SAME TIME. AND GETTING THAT THAT'S NOT THE CASE BUT OBVIOUSLY PEOPLE EBB AND FLOW, THERE WILL BE BUSIER TIMES AND STAFF WILL PARK ELSEWHERE. IT SEEMS TIGHT BUT ONCE AGAIN, IT REMINDS ME OF OUR NEIGHBORS OVER IN THE HARBOR IN THE HOTEL AND A BUNCH OF RETAIL THAT I DON'T GO TO BECAUSE I CAN'T PARK THERE. SO I HAVE CONCERNS ABOUT THAT BUT IT'S MY COMMISSIONERS' OPINION ON THAT TOO. IT SEEMS TIGHT. I DON'T KNOW HOW TO OFFER YOU A SOLUTION TO CREATE MORE

PARKING. >> WE WOULDN'T BE BUILDING ANYTHING THAT WOULDN'T HAVE ENOUGH PARKING. MOREOVER A HOTEL DEVELOPER DOESN'T LIKE THE ROOMS 100% FULL. THEY LIKE THE ROOMS ABOUT 90% FULL BECAUSE THERE IS A WEAR AND TEAR ON THE RIMS AND THAT ALLOWS THE DURATION OF THE HOTEL BEFORE THEY HAVE TO REMODEL, IT ACTUALLY EXTENDED SIGNIFICANTLY. DOES THAT MEAN THEY'RE GOING TO TURN SOMEONE AWAY? NO. BUT IT'S DESIGNED THAT WAY TO WHERE IT MAY NOT

TOTALLY BE FULL ALL THE TIME. >> I ASSUME THE AMOUNT OF DAYS HOTELS ARE 100% FULL ARE VERY RARE , ANYWHERE. YOU ARE WORKING ON A DRAFT AGREEMENT WITH PARKING TO SHARE WITHIN THE NEIGHBORING SPACES OUT THERE. WHAT IS THE TERM THAT HAS BEEN NEGOTIATED THAT IS FLOATING AROUND? FIVE-YEAR CONTRACT? TENURE CONTRACT? DO YOU RETURN?

>> I BELIEVE IT'S IN PERPETUITY. IF THE TENANTS CHANGE OR THE PROPERTY SELLS TO SOMEONE ELSE, IT SHOULD RUN WITH THE LAND. I DIDN'T LOOK AT THAT SECTION.

>> YOU DON'T WANT A PROBLEM DOWN THE ROAD.

>> IF IT DOESN'T, WE'LL TAKE A LOOK AT THAT.

>> AND THE LAST POINT TO MY COMMISSIONERS BECAUSE I REMEMBER THIS, THERE'S ANOTHER HOTEL ON THAT PLACE THAT WANTED TO PUT SIGNAGE UP JUST LIKE THIS, AND WE ALL SAID NO. ON THE THOUGHT OF BEING FAIR AND CONSISTENT OUT THERE, IF WE APPROVE THIS ONE MAYBE HE SHOULD COME BACK TO US. THAT'S

ALL I HAVE. >> MS. WILSON.

>> I'M ASSUMING THERE WILL BE NO ADDITIONAL LIKE MEETING

AREAS AT YOUR LOCATION? >> WE HAVE A VERY SMALL CONFERENCE ROOM, BUT IT'S NOT A GENERATOR OF TRAFFIC OR A DRIVER OF TRAFFIC, IT'S AS IF SOMEONE WAS STAYING THERE WITH

[00:50:05]

A FEW OTHER PEOPLE AND THEY NEEDED TO MEET FOUR OR FIVE.

IT'S VERY SMALL, LIKE A COUPLE HUNDRED SQUARE FEET. THIS IS FULL-SERVICE IN THAT IT HAS A RESTAURANT BUT IT'S NOT LIKE YOUR LARGER CONVENTION CENTERS OR SOMETHING, OR HOTELS OF OLD WHERE YOU WOULD HAVE THESE LARGE CONFERENCE ROOMS. WE ARE NOT SET UP THAT WAY. THERE IS JUST NOT A DEMAND FOR THAT FOR

MOST HOTEL THESE DAYS. >> YOU'RE NOT ANTICIPATING WHAT PEOPLE RESERVING AREAS FOR PARTIES?

>> NO, WE DON'T HAVE A ROOM FOR SUCH.

>> OKAY. >> ANY OTHER QUESTIONS? THANK YOU VERY MUCH, THEN . THIS IS A PUBLIC HEARING SO WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING. WE ARE STILL WORKING IN THE DARK. OKAY. HEARING AND SEEING NO PUBLIC INPUT. WE WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS. I DO HAVE A QUESTION FOR STAFF. BECAUSE MR. SWIFT DID BRING UP A GOOD POINT AND I CAN REMEMBER THE DEBATE OVER THE SIGNAGE FOR SOMETHING WHICH IS JUST ACROSS THE STREET FROM THIS PROPERTY. DO YOU RECALL WITH THE LIMITATION ON THEIR SIGNAGE WAS?

>> I WOULD HAVE TO LOOK AT IT, BUT I THINK IT SHOULD BE CONSIDERED ON A CASE-BY-CASE BASIS. ADDITIONALLY I DO KNOW THERE WAS AN APPROVAL FOR THE OTHER SIGNAGE AS WELL NEAR GEORGE BUSH ON THE OPPOSITE SIDE OF THE CITY. I KNOW WE HAD WARRANTS COME THROUGH FOR THAT TOO. BUT I CAN LOOK IT UP. I JUST DON'T KNOW WHAT THE PERCENTAGES.

>> THIS APPLICANT HAVE AN ANSWER TO THAT?

>> JUST A COUPLE NOTES, THIS IS A FIVE-STAR HOTEL, A LITTLE CLOSER TO THE HIGHWAY AND ITS DESIGN IS SUCH THAT THERE WILL LIKELY BE SHORTER RETAIL BUILDINGS BETWEEN US AND THE HIGHWAY. OUR BUILDING IS QUASI-ADJACENT, SO WITH THAT FIVE STORIES IN HEIGHT WE FEEL LIKE WHATEVER SIGNAGE IS SKILL THAT IS APPROPRIATE, WHEREAS THE HOTEL TO THE NORTH IS A LITTLE SHORTER, IT'S NOT FIVE STORIES, IT IS SOMEWHAT VARIED A BIT. BUT THE POINT IS , SINCE OUR SIGNAGE IS A LITTLE CLOSER TO THE HIGHWAY IT'S NOT UNCOMMON TO HAVE A LITTLE GREATER SIGN RIGHTS ON WHAT CITIES CALL HIGHWAY OVERLAYS, THAT KIND OF THING IN THE PAST, BUT THE POINT IS WE FEEL LIKE THE SIGNAGE IS JUSTIFIED BASED ON THE HEIGHT OF THE BUILDING IN THE DISTANCE FROM THE HIGHWAY.

>> SO BECAUSE YOUR BUILDING IS BIGGER YOU WANT A BIGGER SIGN?

>> OUR SIGN IS NOT TINY. >> I GUESS WE COULD ALSO SAY BECAUSE THE SIGN IS SO MUCH HIGHER AND MORE EASILY SEEN, IT SHOULDN'T HAVE TO BE BIG . THANK YOU. MISS WILSON?

>> NOT THAT YOU COULD SPEAK TO -- ON BEHALF OF THE APARTMENT -- BUT I'M WONDERING IF YOU COULD FIND OUT . I KNOW MOST APARTMENT COMPLEXES NOW HAVE ASSIGNED PARKING I GUESS PER RESIDENT OR WHATEVER. COULD WE FIND THAT INFORMATION OUT? IS IT REQUIRED, OR CAN ANYBODY PARK?

>> WE CAN ASK AND PROVIDE THAT SEPARATELY TO YOU.

>> NO?

THAT. >> MR. SWIFT.

>> BECAUSE THERE IS A HIKE AND BIKE TRAIL UP THROUGH THE APARTMENT COMPLEX I AM THERE QUITE OPEN OFTEN, THERE IS A PARKING GARAGE AND IT SKATED. IT WOULD BE VERY HARD FOR SOMEONE TO DRIVE IN. I AM THERE THREE DAYS A WEEK. THE KIDS ARE THERE AND FUNCTIONAL, I ALMOST GET RUN OVER EVERY MORNING AT 6:00 AMS SOMEONE IS LEAVING. THERE WOULD BE NO WAY WE COULD SNEAK INTO THERE AS A HOTEL GUEST. THERE IS STREET PARKING,

BUT IT'S MINIMAL. >> MR. SWIFT, DID YOU HAVE ANYTHING ELSE THAT YOU WANTED TO ASK ABOUT?

>> NO.

>> JUST ONE OTHER THOUGHT I HAD ABOUT THIS. I DON'T KNOW IF IT WOULD BE PERTAINING TO THE HOTEL OR MAYBE WITH THE CITY.

THE DEVELOPMENT ACROSS THE HIGHWAY , THE SAPPHIRE BAY, ALL THAT STUFF, JUST KIND OF A THOUGHT BUT IT WOULD BE NEAT TO SEE A SHUTTLE THAT COULD POSSIBLY GO FROM HERE TO THERE

[00:55:04]

AND BACK, THAT KIND OF THING. I DON'T KNOW WHO ACTUALLY WILL OPERATE THAT, BUT I DON'T KNOW, SOMETHING THAT MIGHT BE NICE TOO.

>> WE ARE DILIGENTLY LOOKING TO SEE WHAT THE SIGN REQUIREMENTS WERE . THANK YOU. COMMISSIONERS, ANY OTHER QUESTIONS OR COMMENTS? I'M STILL A LITTLE WORRIED ABOUT ITEM 12 ON THE LIST OF WARRANTS . THAT WOULD BE THE WALL SIGNAGE , MINOR WARRANT.

SO I TAKE IT THAT THE WEST ELEVATION SIGNING IS GOING TO BE WHAT? WHAT'S IT GOING TO SAY? DO WE KNOW? COURTYARD AND HILTON, OR? I THOUGHT THAT'S THE ONE THAT WAS ON THE --

>> MAY ADDRESS THAT, CHAIRMAN? SURE, PLEASE . A COUPLE THINGS TO KEEP IN MIND, IT'S TWO HOTELS SO THAT WE DO HAVE TWICE

AS MUCH SIGNAGE . >> YOU WOULD LIKE TO HAVE TWICE AS MUCH. BUT REMEMBER THAT ECONOMY OF SCALE?

>> I LIKE TO USE IT BOTH WAYS. IN THIS CASE WE WOULD HAVE COURTYARD ON ONE AND RESIDENCE IN , SO TWO SIGNS FACING WEST, WEST ELEVATION WERE WE DO HAVE TWO AND WE DO HAVE TWO NORTH , AND THEN ONE SOUTH ON THE END. IT WAS BECAUSE WE DO HAVE TWO

HOTELS, SO THE NEED FOR -- >> YEAH, I UNDERSTAND. THE REQUIREMENT IS THAT ONLY ONE WALL SIGN IS PERMITTED PER ARGUMENT BUT YOU HAVE TWO OCCUPANCIES SO I CAN UNDERSTAND THAT. YOU ARE ASKING FOR THREE SIGNS AND THAT'S THE REASON WHY I'M KIND OF -- THAT'S THE REASON WHY I KIND OF WANTED SOME CLARIFICATION ON WHICH ONES WERE WHICH, BUT. ANY OTHER COMMENTS? CONCERNS? NO? HEARING NONE, THEN? I WILL ENTERTAIN A

MOTION. OR NOT. MR. SWIFT. >> I WILL MAKE A MOTION TO

APPROVE. >> INCLUDING ALL WARRANTS, ALL

REQUESTED WORDS? >> ALL WARRANTS, WHICH WAS A LOT OF WORK TO WHOEVER PUT ALL THIS TOGETHER, SO THANK YOU.

>> OKAY, WE HAVE A MOTION ON THE FLOOR, AND SECONDED BY MR.

HERNANDEZ. >> SECOND THE MOTION.

>> ANY DISCUSSION ON THE MOTION? HEARING NONE, WE'LL CALL THE VOTE.

SECRET VOTE.

AND THAT PASSES UNANIMOUSLY 6-0, THANK YOU.

[01:00:05]

I'M SORRY, YES,

* This transcript was compiled from uncorrected Closed Captioning.