Dec 17, 2024 City Council Meetings

[1. CALL TO ORDER]

[00:00:08]

>>> ALL RIGHT. GOOD EVENING, LADIES AND GENTLEMEN. TODAY TUESDAY, DECEMBER 17TH, 7:00 P.M. THE CITY COUNCIL HAS A QUORUM PRESENT IN THE CHAMBERS. PRIOR TO EACH MEETING, WE HAVE AN INVOCATION. IF YOU'D LIKE TO JOIN US IN INVOCATION,

PLEASE STAND. >> THANK YOU FOR THE HONOR TONIGHT. LET'S BOW OUR HEADS. HEAVENLY FATHER, WE THANK YOU FOR TODAY, AND WE THANK YOU FOR THIS CHRISTMAS SEASON. LORD, YOU SAID IN YOUR WORD, FOR TO US A CHILD IS BORN, A SON IS GIVEN, AND THE GOVERNMENT WILL BE ON HIS SHOULDER. AND HE WILL BE CALLED WONDERFUL, COUNSELOR, MIGHTY GOD, PRINCE OF PEACE.

LORD, WE THANK YOU FOR THE MANY, MANY ABUNDANT BLESSINGS IN THE CITY OF ROWLETT. LORD, WE PRAY FOR ALL OF THE CITY OFFICIALS, IN PARTICULAR THIS CITY COUNCIL. I ASK YOU TO GRANT THEM GRACIOUSLY, LORD, MUCH WISDOM. IN THE ISSUES OF OUR TIMES AND OUR CITY. GIVE THEM A SENSE OF WELFARE AND OF TRUE NEEDS OF OUR PEOPLE. THE THIRST FOR JUSTICE, AND RIGHTEOUSNESS AND CONFIDENCE IN WHAT IS RIGHT AND FITTING. ALSO THE ABILITY TO WORK TOGETHER IN HARMONY, EVEN WHEN THERE IS AN HONEST DISAGREEMENT. LORD, WE PRAY FOR THE AGENDA SET BEFORE US THIS EVENING, AND GIVE US THE ASSURANCE OF WHAT WOULD PLEASE YOU, AND WHAT WOULD BENEFIT THOSE WHO LIVE AND WORK IN AND AROUND OUR BELOVED CITY OF ROWLETT. IT'S IN YOUR MIGHTY NAME WE PRAY. AND EVERYONE SAYS, AMEN.

>> AND I DIDN'T SAY THAT IS FROM PASTOR. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL

>> AND NOW THE TEXAS"HONOR THE TEXAS FLAG. I PLEDGE PLEDGE.

ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND

INDIVISIBLE. >> THANK YOU. YOU MAY BE SEATED. WITH THAT, WE WILL CALL THE MEETING TO ORDER FIRST ITEM

[4A. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest. ]

PRO TEM SHINDER. >> THANK YOU. ARE YOU LOOKING FOR WAYS TO GIVE BACK TO THE COMMUNITY? IF SO, WE HAVE A SPOT FOR YOU. WE'RE LOOKING FOR WILLING RESIDENTS LOOKING TO SERVE THEIR TIME EACH MONTH ON A BOARD OR COMMISSION.

ROWLETT CITIZENS ARE ENCOURAGED TO PARTICIPATE IN THEIR MUNICIPAL GOVERNMENT THROUGH VARIOUS BOARDS AND COMMISSIONS.

APPLICATIONS WILL BE ACCEPTED THROUGH JANUARY 3RD, 2025, AND ARE VISIBLE ONLINE AT ROWLETT.COM. FROM COMMUNITY TO DEVELOPMENT, IF YOU'RE THIS HOLIDAY SEASON. PLEASE CONSIDER A VISIT TO THE ROWLETT ANIMAL SHELTER. WE HAVE LOT OF ADOPTABLE PETS LOOKING FOR A NEW HOME TODAY. AND I'M SURE JONATHAN WILL BE SHOWING US ONE OF THEM SOON. FROM ECONOMIC ENGAGEMENT. ROWLETT ON ICE CONTINUES THROUGH THE MONTH OF DECEMBER. PARTNERING TO BRING THE COMMUNITY FREE OUTDOOR ICE SKATING RINK. LOCATED BETWEEN COYLE DRIVE AND MAIN STREET.

THE RINK RUNS DAILY THROUGH DECEMBER 29TH, OFFERING RESIDENTS THE RESIDENTS THE OPPORTUNITY FOR UNFORGETTABLE HOLIDAY MEMORIES. BOTH THE SKATE RENTAL AND SKATE ARE FREE. VISIT ROWLETT.COM/ICE-SKATING.

>>> THE 12 DAYS OF CHRISTMAS IS UNDER WAY. JOIN US EVERY DAY THROUGH DECEMBER 24TH FOR A UNIQUE, FUN AND FESTIVE VOL TAY EVENT. THE 12 DAYS RUN THROUGH CHRISTMAS EVE. FOR A FULL LIST OF EVENTS, VISIT ROWLETT.COM/12-DAYS. VOTING FOR THIS YEAR'S LIGHT UP ROWLETT EVENT. BE ON THE LOOKOUT FOR THE TOUR MAP ON ROWLETT.COM. JOIN US THURSDAY, DECEMBER 19TH, FOR THE OFFICIAL MILLER ROAD RECONSTRUCTION RIBBON CUTTING. I'VE BEEN LOOKING FORWARD TO THAT ONE. THE CELEBRATION WILL TAKE PLACE AT 9:00 A.M., AT 7301 MILLER ROAD.

IN THE PARKING LOT OF FIRST CHRISTIAN CHURCH. FOR MORE INFORMATION ON ALL OF OUR UPCOMING HOLIDAY ACTIVITIES, VISIT ROWLETT.COM OR FOLLOW US ON SOCIAL MEDIA.

>>> FROM THE LIBRARY, IT'S TIME TO JOIN THE LIBRARY'S WINTER READING CHALLENGE. PATRONS OF ALL AGES, CAN READ

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RY FOR MORE DETAIL. >>> THE ARTS AND HUMANITIES IS NOW ACCEPTING APPLICATIONS FOR CULTURAL GRANTS AND ARTS AND EDUCATION GRANTS. VISIT ROWLETT.COM/ART TO DOWNLOAD THE GRANT APPLICATION FORMS, WHICH ARE DUE ON THE 17TH. THIS SATURDAY, FROM 10:00 A.M. TO 5:00 P.M. THE LIBRARY WILL PROVIDE ADULT PATRONS, ACCESS TO A SUBLIMATION, 3D PRINTER.

THE ANNUAL POLICE ACADEMY WILL BE STARTING ON JANUARY 23RD, 2025. AND ENDING ON MARCH 13TH, 2025 . CLASSES WILL BE HELD EACH THURSDAY AT THE ACADEMY T. PARTICIPANTS WILL BE GIVEN AN OPPORTUNITY TO DRIVE A SQUAD CAR THROUGH AN OBSTACLE COURSE.

AND FIRE A SAME GUN THAT OUR OFFICERS CARRY AT THE RANGE.

PLEASE E-MAIL EMITCHELL@ROWLETT . COM. IN ORDER TO COMPLETE AN APPLICATION. SPACE IS LIMITED SO APPLY NOW IN ORDER TO LEARN MORE ABOUT YOUR LOCAL POLICE DEPARTMENT. THANK YOU.

>> ALL RIGHT. THANK YOU. AND I BELIEVE WE HAVE AN UPDATE FROM

COUNCILMEMBER REAVES. >> GOOD EVENING, EVERYONE. MY NAME IS FREDDIE. A FEW MONTHS AGO, I ARRIVED AT THIS COZY PLACE WITH MY BROTHER AFTER BEING FOUNDA A STRAY. NOW I'M ON A MISSION. I CAN SPREAD JOY AND LAUGHTER. I'M NOT JUST YOUR ORDINARY PUP. I HAVE QUITE THE FUNNY PERSONALITY THAT WILL KEEP YOU ENTERTAINED. PLUS, I, FREDDIE, COME WITH SPECIAL SKILLS, LIKE I'M POTTY TRAINED. AND I KNOW SIT AND PAW, AND I'M CRATE-TRAINED. IT'S VERY SPECIAL. THIS MEANS LESS MESS AND MORE SNUGGLES FOR YOU. IF YOU'RE LOOKING FOR A LOYAL COMPANION WHO IS READY TO BRING HAPPINESS TO YOUR LIFE, THEN LOOK NO FURTHER. COME MEET ME, FREDDIE. AND LET'S SEE IF WE CAN MAKE THE PERFECT TEAM. I CAN'T WAIT TO FIND MY HUMAN FRIEND. LET'S CREATE SOME BEAUTIFUL MEMORIES. HOPE TO SEE YOU SOON, SO WE CAN GET STARTED ON ALL THE FUN THAT AWAITS US.

NOTICE TO MEET FREDDIE AND ALL THE OTHER COMPANION MEMBERS. OR VISIT THE ANIMAL SHELTER AT 4202 INDUSTRIAL STREET, 10:00 A.M. TO 5:00 P.M. TUESDAY THROUGH SATURDAY. AND PLEASE NOTE WE NEED THE COMMUNITY'S HELP. WE'RE STILL AT CODE RED.

WE'RE PERPETUALLY AT CODE RED. IF YOU HAVE AN OPEN HOME AND OPEN HEART, PLEASE CONSIDER IT. COST IS $25 AND INCLUDES STERILIZATION, MICROCHIPS AND VACCINES. AND IF YOU'RE

LOOKING FOR A LAST-MINUTE GIFT. >> THANK YOU, FREDDIE. I MEAN,

[5. CITIZENS’ INPUT]

FIRST SPEAKER IS DAVE HULL. AND IF YOU PROVIDE YOUR NAME AND CITY OF RESIDENCE, YOU WILL HAVE THREE MINUTES.

>> DAVE HULL, ROWLETT. ON TUESDAY, 12/12/2024, AT 10:35 A.M., I CALLED THE TEXAS PUBLIC UTILITIES COMMISSION, TO DISCUSS THE POLE THAT WAS PLACED ON MY PROPERTY WITHOUT MY PERMISSION. DURING THIS CALL, THEY SAID THEY WOULD SEND A COMPLAINT TO ENCORE AND ASKED WHY THE POLES WERE NOT REMOVED FROM MY PROPERTY AFTER THE TORNADO. ENCORE HE SAID THAT TWO SEPARATE ROWLETT CITY ENGINEERS HAD COLD ENCORE TO PLACE THE NEW POLES ON MY PROPERTY. AND THE CITY INCORRECTLY OWNED A 15-FOOT RIGHT OF WAY, WHICH IS MY PRIVATE PROPERTY ON WHICH THERE ARE SEVERAL POLES. THEY SAID THEY COULD NOT ISSUE A COMPLAINT, SINCE ROWLETT ASKED ENCORE TO PLACE THE POLES ON MY PRIVATE PROPERTY. THE PUBLIC UTILITIES COMMISSION SAID, AS A RESULT, ROWLETT WOULD PROBABLY HAVE TO PAY FOR MOVING THE POLES. HOWEVER, THE PUBLIC UTILITY COMMISSION WOULD E-MAIL A COURTESY E-MAIL TO ENCORE,

[00:10:04]

PRISCILLA ASKED ME WITH WHO IN ENCORE I HAD BEEN TALKING TO. I TOLD HER CHRISTY. THAT WAS THE END OF THE CALL. 2:17 P.M., I RECEIVED A CALL FROM CHRISTY AT ENCORE. SHE SAID THAT ROWLETT HAD BUILT WITHOUT ENOUGH RIGHT OF WAY FOR ENCORE TO PLACE THE POLE IN THE RIGHT OF WAY. THEREFORE, ROWLETT AND ENCORE MADE THE DECISION TO PLACE THE POLE ON MY PRIVATE PROPERTY UPON. SINCE THEN, ROWLETT SAID THEY SHOULD MOVE IT ONTO THE BLACK TOP. ENCORE SAID IT IS NOT SAFE TO PLACE THIS IN THE STREET. ENCORE SAID ANY OTHER PLACEMENT WOULD BE TOO EXPENSIVE. SO NOW WE CAN LEAVE THE POLE ON MY PRIVATE PROPERTY. OR ENCORE COULD TAKE IT DOWN AND MY STORE WOULD LOSE ALL POWER. IN CONCLUSION. YOU BUILT IT WITHOUT DOING THE RIGHT OF WAY ACQUISITION. ENCORE HAS HAD OPPORTUNITY AND EASEMENT TO SECURE THEIR POLES. THE ENCORE EASEMENT WAS SO ONE-SIDED THAT OTHER ELECTRIC SERVICE PROVIDERS RECOMMENDED I NOT SIGN IT. THE TWO ALTERNATIVES ARE RIDICULOUS.

FIRST, PLACE THE ENCORE POLE IN THE STREET TO BE NEGOTIATED BY THE WESTBOUND TRAFFIC. SECOND, REMOVE THE ENCORE POLE AND CUT OFF SERVICE. THANK YOU FOR THE OPPORTUNITY TO ADDRESS THE COUNCIL AND RESIDENTS OF ROWLETT.

>> THANK YOU, MR. HULL. ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WHO WISH TO SPEAK THIS EVENING? WE DO ALSO HAVE TWO R

[6. CONSENT AGENDA]

>> ITEM 6A. CONSIDER ACTION APPROVING MINUTES. ITEM 6B, CONSIDER ACTIONS APPROVING BOARDS AND COMMISSIONS.

>> DO YOU WISH TO PULL EITHER OF THESE ITEMS FOR INDIVIDUAL CONSIDERATION? SEEING NONE, I WILL ENTERTAIN A MOTION. GIVE US JUST ONE SECOND. WE'RE HAVING -- IT'S GOING GRAY REAR

HERE. >> BY SHOW OF HAND CAN I HAVE A MOTION. MOTION FROM COUNCILMEMBER BRITON TO APPROVE. DO WE HAVE A SECOND. COUNCIL, ANY DISCUSSION? THAT CARRIES UNANIMOUSLY BY EVERYONE WHO IS PRESENT.

>> WITH THAT, WE WILL TAKE JUST A MOMENT TO MAKE SURE OUR

SYSTEM IS WORKING. >> NO PROBLEM.

>> HAVE A CONNECTION ISSUE? OKAY.

>> SHOULD I CALL A RECESS? OR WOULD YOU WANT US TO MOVE ON?

>> CAN WE FIX IT? >> CAN IT BE FIXED. FIVE

MINUTES? >> YEAH.

[00:15:01]

>> COUNCIL, AT THIS TIME, WE'LL TAKE A FIVE-MINUTE RECESS, WHILE WE ATTEMPT TO ADDRESS THESE ISSUES. MEMBERS OF THE PUBLIC, WE THANK YOU

[7A. Conduct a public hearing on a request by Clark L. Johnson, on behalf of Lidl US Operations LLC, for a change in zoning from General Commercial/Retail (C-2) to General Commercial/Retail with a Special Use Permit to allow a restaurant with a drive-thru (C-2 with SUP), including approval of an alternative landscape plan for an approximately 1.12 acre tract situated in the J. Saunders Survey, Abstract No. 1424, Dallas County Texas and being all of 3RA, Block A of Amesbury Addition, Phase II, City of Rowlett, Dallas County, Texas and being more commonly known as 8201 Lakeview Parkway.]

>> ALL RIGHT, COUNCIL, IT IS 7:20 P.M. AND WE WILL RECONVENE OUR SESSION. WE'RE MOVING ON TO ITEM 7A, CONDUCT A REQUEST BY CLARK L. JOHNSON ON BEHALF OF LIDL US OPERATIONS LLC, FOR A CHANGE IN ZONING WITH A SPECIAL USE PERMIT. FOR APPROXIMATELY 1.12 ACRE TRACT SITUATED IN THE J. SOUNDERS SURVEY, ABSTRACT NUMBER 1424, DALLAS COUNTY, AND BEING ALL OF 3RA, BLOCK A AMESBURY ADDITION. MAKING THAT PRESENTATION TODAY

IS OUR DIRECTOR OF COMMUNITY. >> THANK YOU FOR HAVING ME HERE TONIGHT. AS YOU MENTIONED IN READING OF THE ITEM, THIS IS ARE SPECIAL SPECIFIC PROPERTY TO HOUSE CHIPOTLE. THE DRIVE-THROUGH LANE TRIGGERS THE SUP REQUIREMENT IN THE DISTRICT THIS. IS ACCOMPANIED TONIGHT BY AN ALTERNATIVE LANDSCAPE PLAN AS WELL. AND WE CONSIDER THOSE HAND IN HAND WITH THE SITE PLAN THROUGH THIS SUP PROCESS. SO THE CURRENT PLAN, JUST TO REASSURE EVERYBODY, DOES NOT INCLUDE A TYPICAL DRIVE-THROUGH LANE WITH A SPEAKER BOX. WE HAVE A LOT OF QUESTIONS ABOUT HOW LOUD IS THAT GOING TO BE? WHERE THERE IS NO SPEAKER BOX.

THIS IS A TYPICAL PICKUP LANE AT CHIPOTLE, WHERE YOU PICK IT UP, ORDER ONLINE AND PICKUN AT THE WINDOW. I'M SORRY. THEY DO HAVE THE PROPOSED HOURS OF OPERATION HERE AS WELL. SO AS FAR AS THE SO THAT'S KIND OF THE GIST OF THE SUP. THE SECOND IS THE ALTERNATIVE PLAN. THE WAY THE CODE READS CURRENTLY, IF YOU DO HAVE AN ALTERNATIVE PLAN, BUT PLACING THE PLANTS IN A DIFFERENT PART OF THE SITE, YOU CAN CONSIDER THAT. THEY ARE REQUIRED TO HAVE TREES ALONG THE LAKEVIEW PARKWAY. THIS DOESN'T SHOW. ANYWAY, ALONG LAKEVIEW PARKWAY, THEY'RE REQUIRED TO HAVE FIVE TREES. THERE ARE A COUPLE OF ISSUES THAT CAME INTO PLAY. ONE IS THE OVERHEAD ELECTRICAL LINES THAT EXISTED THERE. AND WE ALSO HAVE UTILITY EASEMENT, WHERE WE WOULD PREFER THEY DON'T PLANT ANY LIVE TREES. SO THEY'VE COME IN. THEY HAVE ORIGINALLY FIVE CANOPY TREES REQUIRED.

THEN WE HAVE A RATIO. SO THEY'RE PROPOSING SIX ORNAMENTAL TREES IN THE SOUTHEAST PARKING LOT, IN LIEU OF THOSE TWO ADDITIONAL TREES THAT ARE REQUIRED. SO THIS IS JUST TO RUN THROUGH APPROVAL, WHETHER OR NOT YOU WOULD WANT TO INCREASE SUP. AND ALTERNATIVE PLAN. AND AS I SAID, THEY DIDN'T MEET THE REQUIREMENT TO THE PLAN. BUT IT'S NOT AUTOMATIC APPROVAL. SO IT'S COME BEFORE YOU FOR CONSIDERATION ON THAT. WE DID SEND OUT PUBLIC NOTICES ON THIS ITEM, AND RECEIVED ONE NOTICE BACK IN FAVOR, IN THE 500-FOOT, COURTESY NOTIFICATION AREA. AND NONE WITHIN THE 200-FOOT NOTIFICATION AREA. AND THIS ONE, TOO. THE ZONING COMMISSION. WHERE NAY RECOMMENDED APPROVAL OF THE SPECIFIC USE PERMIT AND THE ALTERNATIVE LANDSCAPE PLAN.

DOES ANYBODY HAVE REQUEST QUESTIONS THAT I CAN HELP CLARIFY ON OR ANYTHING? IF NOT, WE DO HAVE THE PUBLIC HEARING.

>> COUNCIL, ANY QUESTIONS FOR STAFF? SEEING NO QUESTIONS AT THIS TIME, WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING AT 7:24 P.M. ANY MEMBER OF THE PUBLIC IS WELCOME TO SPEAK DURING THIS PUBLIC HEARING ON THIS AGENDA ITEM. DO WE HAVE ANYONE WISHING

[7B. Discuss and consider action on a request by Clark L. Johnson, on behalf of Lidl US Operations LLC, for a change in zoning from General Commercial/Retail (C-2) to General Commercial/Retail with a Special Use Permit to allow a restaurant with a drive-through (C-2 with SUP), including approval of an alternative landscape plan for an approximately 1.12 acre tract situated in the J. Saunders Survey, Abstract No. 1424, Dallas County Texas and being all of 3RA, Block A of Amesbury Addition Phase II, City of Rowlett, Dallas County, Texas and being more commonly known as 8201 Lakeview Parkway.]

[00:20:01]

[7C. Conduct a public hearing 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.]

>> ALL RIGHT. AND THAT IS APPROVED BY A VOTE OF 6-0.

LET'S MOVE ON TO ITEM 7C. AT CONDUCT A PUBLIC HEARING ON A REQUEST BY MAXWELL FISHER ZONE DEV ON BEHALF OF PROPERTY OWNER AVALON BAYSIDE. DEL ROCK ROAD, DESCRIBED AS A PORTION OF LOT A, 1R. IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. MAKING THAT PRESENTATION IS DIRECTOR OF COMMUNITY DEVELOPMENT, CORY

REAMY. >> THIS PRESENTATION IS SLIGHTLY LONGER. BUT I'LL GO THROUGH IT AS QUICKLY AS I CAN.

THIS PROJECT TONIGHT IS FOR DUAL BRAND HOTEL THAT YOU RECENTLY HAD IN FRONT OF YOU FOR INCENTIVE AGREEMENT. THEY ARE MOVING FORWARD NOW. AND UNDER THE BASE CODE, THERE ARE A NUMBER OF WARRANTS WITH THAT. SO THOSE TWO ITEMS ARE JOINTLY BEING PRESENTED HERE. SO AS STATED, THIS IS ABOUT A 200-KEY HOTEL IN. THIS IS RIGHT AT THE INTERSECTION OF SUNSET BOULEVARD AND SAPPHIRE BAY BOULEVARD. THE CURRENT IS FORM-BASED URBAN VILLAGE. ALLOWED BY RIGHT. HOWEVER, THEY HAVE REQUIRED US TO COME FORWARD WITH WARRANTS. THERE IS A REPLAT APPROVED EARLIER THIS YEAR, THAT KIND OF OUTLINES THE GRAPHIC THAT YOU SEE THERE. AND AGAIN, THIS IS THE KIND OF PINKISH COLOR FOR THE HOTEL SITE. BUT IT WOULD BE BORDERED BY A NEW STREET TO KIND OF CUT THROUGH THAT SITE THERE. JUST TO GIVE YOU KIND OF A GRAPHIC PRESENTATION. THE PROPOSALS FOR FIVE-STAR HOTEL, WHERE THEY ARE PROPOSING, THEY HAD BEEN PROPOSING, 177 PARKING SPACES. BUT AFTER THE PNZ MEETING, THEY MADE CHANGES TO THE SITE. AND INCREASED BY SIX ADDITIONAL SPACES, SO THEY WOULD BE PROVIDING 183 PARKING SPACES.

I'M GET A LITTLE MORE INTO THAT ON THE WARRANT SECTION, REGARDING PARKING. BUT THEY WOULD HAVE THREE ACCESS DRIVES TO THE DEVELOPMENT. TWO FROM THE EAST AVALON WAY, WHICH IS THAT NEW ONE THAT WOULD BE CREATED. AND ONE FROM SUNSET BOULEVARD. THIS IS A GRAPHIC TO SHOW THE MODIFICATION THAT THEY HAD JUST PROPOSED. THIS IS NOT IN YOUR PACKET. YOUR PACKET SHOWED THIS AS A RECREATIONAL AREA. AND THEY ARE PROPOSING THAT TO NOW BECOME ADDITIONAL PARKING SPACES. SO WANTED TO BLOW THAT UP AND PRESENT IT OUT TO YOU, THE REQUESTS THEY'RE PUTTING IN. NO ADDITIONAL REQUESTS WERE CREATED BY THEIR REQUEST FOR SPACES. THEY WOULD JUST BE REDUCING THE REQUEST FROM, I GUESS, KIND OF THE VARIANCE FOR WHAT WOULD BE REQUIRED FROM THE PARKING. THEY WILL BE PROVIDING MORE PARKING SPACES. SO THE WARRANTS THAT WE HAVE HERE. WE'RE GOING TO BREAK DOWN KIND OF BY AREA. AND BY TYPE, JUST TO GO THROUGH THEM IN A MORE MANAGEABLE WAY. KEEPING IN MIND, THAT ALL OF THESE WARRANTS ARE REALLY DEVIATIONS FROM THE FORM-BASED CODE. THE PROPERTIES AROUNDING THAT AREA ARE NOT REALLY ALIGNED WITH THE FORM-BASED CODE. AND THIS PROPERTY IS NOT GOING TO BE DESIGNED IN A WAY THAT REALLY MEETS THE FORM-BASED REQUIREMENTS. THERE ARE A BUNCH OF DEVIATIONS THAT WE'LL GO THROUGH. BUT JUST TO KIND OF SET THE STAGE A LITTLE BIT THERE. SO IN THIS FIRST SLIDE HERE, WE HAVE WARRANTS FROM THE EAST AVALON AY. AND THE OTHER IS BUILD-TO-ZONE. SO ESSENTIALLY, THEY'RE --

>> AND THEN THEY'VE ALSO REQUESTED FOR -- I'M SORRY.

THAT'S THE WRONG SLIDE. I'M SORRY. THAT'S THE NEXT ONE.

SORRY. THIS ONE HAS 18 TO 26 FEET. WE REQUESTED THAT THERE BE NO BUILT-TO ZONE ON THAT PROPERTY BECAUSE THERE'S NO BUILDING FRONTAGE. AND THE BLOCK FACE CONFIGURATION AS WELL. WE REQUIRE 70% OF THE BUILT-IN ZONE TO BE A FACADE.

THERE ARE THREE FRONTAGES, WHICH IS A REQUEST TO DO THAT.

SAPPHIRE BAY BOULEVARD IS, ON THE NEXT SLIDE, IT'S HIGHLIGHTED IN YELLOW HERE. THEY ARE REQUESTING, ON THIS ONE, AN INCREASE FROM THE 18- TO 26-FOOT BUILT A ZONE. IT GETS CLOSER TO THAT RANGE. IN OTHERS, THE STREET IS MORE

[00:25:06]

>> THE NEXT ONE ON SUNSET BOULEVARD. SAME WITH THE BUILD-TO-ZONE. REQUESTING TO 35 FEET, WHICH IS MORE TYPICAL TO NORMAL DEVELOPMENT. OUTSIDE THE FORM-BASED AREA. THIS SLIDE GETS INTO THE LANDSCAPE CHANGES THEY'RE REQUIRING. REQUIRES ONE TREE TO BE PLANTED, KIND OF A PLANTER ISLAND IN THE PARKING LOT, FOR EVERY EIGHT SPACES OF PARKING. AND THEY'RE REQUESTING, ACTUALLY, TO INCREASE THAT UP TO 15. IN THAT ONE AREA, WHERE THEY'RE ACTUALLY PROPOSING TO ADD THE SIX ADDITIONAL SPACES, THEY HAD BEEN PROPOSING 12 -- ONE TREE FOR EVERY 12 SPACES IN A FEW AREAS, ALONG THE SIDE OF THE PARKING LOT. AND IT'S NOT ADJACENT TO THE TREE. IT'S ADJACENT TO ANOTHER LOT. THROUGHOUT THE CORE OF THE PARKING AREA, THOUGH, WHERE YOU SEE ALL OF THOSE PLANTER ISLANDS. ALL OF THOSE AREAS ARE CLOSER TO OR MEETING THE EIGHT -- ONE TREE PER EIGHT SPACE REQUIREMENT. THE OTHER LANDSCAPING DEVIATION THAT THEY'RE REQUESTING IS A REQUIREMENT FOR TREES TO BE PLANTED EVERY 25 FEET. AND THERE'S A CHART AT THE BOTTOM THAT OUTLINES WHAT THEY'RE PROPOSING, VERSUS WHAT WAS REQUIRED. ON SUNSET BOULEVARD, THE REQUIREMENT WAS FOR 15 TREES. THEY HAVE EIGHT TREES THAT THEY'RE PROVIDING. ADDITIONALLY, THERE, THEY'VE NOTED THE UTILITY EASEMENTS THAT DON'T ALLOW FOR AS MANY AREAS OF PLANTING. SAME THING ON SAPPHIRE BAY BOULEVARD. THEY REQUIRE 15 TREES. IN THAT AREA, THEY HAVE 10 EXISTING TREES.

AND THEY ARE PLANTING FIVE CANOPY TREES. BUT THOSE WILL BE PLANTED IN DIFFERENT AREAS, DUE TO THE UTILITY EASEMENTS ON THE STREET. ON EAST AVALON WAY, THEY'RE NOT REQUESTING ANY DEVIATION, THEY'RE MEETING THE REQUIREMENT ON THAT STREET FRONTAGE. PARKING SPACES. THIS IS WHAT I MENTIONED, KIND OF BACK ON THE FIRST SLIDE. THAT THE REQUIREMENT AND THE PLAN, BASED ON THE CALCULATION OF THE CONFERENCE SPACE AND THE HOTEL ROOMS LEADS TO REQUIREMENT FOR 208 PARKING SPACES. AND APPLICANT HAS REQUESTED TO ALLOW FOR 183 SPACES TO BE SUFFICIENT ON THAT LOT. THEY DON'T HAVE ANYTHING IN PLACE YET, BUT THEY HAVE PROPOSED THEY WOULD HAVE A FUTURE SHARED PARKING AGREEMENT WITH ADJACENT DEVELOPMENTS, THAT WOULD ALLOW FOR SHARED PARKING AMONGST THE SITES. THE PARKING LOCATION AS WELL. THIS IS A FORM BASED REQUIREMENT. SO THAT THE PARKING DOESN'T DOMINATE THE STREET FRONTAGES. THEY HAVE PROPOSED THAT THEY USE LANDSCAPING AND OPEN SPACES TO MITIGATE THE VISUAL IMPACT. BUT THEY DO HAVE PARKING ALONG THE EAST AVALON WAY FRONT ANNUAL. THE NEXT WARRANT, REQUEST IS FOR WALL SIGNAGE. WE ALLOW FOR ONE SIGN PER OCCUPANCY. AND WE ALLOW THAT ONLY TO REACH A MAXIMUM OF 30 SQUARE FEET. THEY ARE REQUESTING THREE SIGNS. AND THOSE PLAN TO BE 37 SQUARE FEET, 168 SQUARE FEET. REQUESTING ADDITIONAL SIGNAGE, AS WELL AS ADDITIONAL SPACE FOR THOSE PROPOSED SIGNS. IN ADDITION, THEY ARE REQUESTING A MONUMENT SIGN THAT IS NOT ALLOWED CURRENTLY. BUT THEY REQUESTING IN THE FORM THEY ARE REQUESTING A 5 FOOT TO 20-FOOT SQUARE SIGN. THE NEXT IS FOR GLAZING FOR THE TRANSPARENCY OF THE BUILDING. AND I HAVE PICTURES ON THE NEXT SLIDES. OUR REQUIREMENT IS CURRENTLY 60 TO 80% OF GLAZING. GLASS WINDOW COVERAGE AT THE GRADE LEVEL.

AND ON THE UPPER STORIES, A 30 TO 60% RANGE FOR THE GLAZING.

THEY HAVE REQUESTED REDUCTIONS BOTH ON THAT GRADE AND TWO OF THE STORIES ON TWO OF THE ELEVATIONS. SO YOU CAN SEE HERE. THIS IS THE NORTH ELEVATION. AND ON THIS ONE, THEY ARE REQUESTING REDUCTION FROM 60 TO 40% ON THAT FIRST FLOOR. AND THEN ON THE UPPER STORIES DOWN TO 20%. THIS IS THE WESTERN FACADE. AND THEY ARE ALSO PROPOSING REDUCTION TO 20% HERE ON BOTH THE GROUND FLOOR AND THE UPPER STORIES.

>> WE ARE GETTING THERE. SORRY. >> ACCESS DRIVES. THIS IS NOT SOMETHING THAT WE HAVE A REQUIREMENT, AND THEY'RE DEVIATING FROM THAT. WE DON'T HAVE ANYTHING IN THE CODE RELATED ACCESS DRIVES. IT REALLY JUST SAYS ANY ACCESS

[00:30:01]

THEY'RE PROPOSING THREE DRIVES, ONE OUT ON SUNSET BOULEVARD, AND TWO ON THE EAST AVALON WAY. AND THE OTHER ACCESS WARRANT HERE TONIGHT IS REGARDING THE PEDESTRIAN ACCESS. SO WE HAVE ACCESS ONLY ON ONE SINGLE PLACE HERE FOR PEDESTRIAN ACCESS. AND THE CODE REQUIRES IT EVERY 60 FEET BETWEEN THE PARKING LOTS AND THE SIDEWALKS. SO THAT IS THE FINAL ONE OF THE REQUESTED WARRANTS. CONSIDERATIONS FOR APPROVAL HERE FOR WARRANTS IN THE FORM-BASED CODE ARE THE GENERAL INTENT. IMPROVE PROJECT ESTHETICS, FUNCTIONALITY, AND ALIGNMENT WITH URBAN VILLAGE DISTRICT INTENT. THIS ALSO WENT TO PLANNING AND ZONING MEETING IN NOVEMBER AND RECOMMENDED APPROVAL BY A VOTE OF 6-0. AND WE DO HAVE THE APPLICANT HERE.

THEY DON'T HAVE ANY PRESENTATION DIFFERENT FROM WHAT YOU SAW PREVIOUSLY FOR JUST KIND OF THE OVERALL PRESENTATION, THEY CAN SHOW THAT IF YOU'D LIKE TO. BUT THAT IS WHAT THEY HAVE. THEY'RE HERE TO ANSWER ANY QUESTIONS,

THOUGH, IF YOU HAVE THEM. >> ALL RIGHT. THANK YOU SO MUCH

FOR THE PRESENTATION. >> UH-HUH.

>> COUNCIL ANY QUESTIONS FOR THE STAFF OR THE APPLICANT?

DEPUTY MAYOR PRO TEM SHINDER. >> YES. NUMBER 10. THE MAJOR WARRANT TO THE PARKING REQUIREMENTS. THERE, IT SAYS THE FORM-BASED CODE REQUIRES 202 PARKING SPACES, AND THE APPLICANT PROPOSED 177. IN THE SLIDES, IT SAID, WE REQUIRED 208. AND THEY PROPOSED 180. I ASSUME THE SLIGHT IS THE

CORRECT -- >> SO THE -- THE REQUIREMENT WAS FOR THE 202 SPACES FOR THE HOTEL, AND THEN THERE WERE SIX ADDITIONAL SPACES REQUIRED FOR THE VERY LIMITED CONFERENCE CENTER, I THINK THEY MENTIONED THAT THEY JUST HAD A REALLY SMALL SPACE. SO THERE WAS ADDITIONAL SQUARE FOOTABLE THAT REQUIRED THOSE SIX ADDITIONAL SPACES. AND THEN THE OTHER CHANGE, IN TERMS OF WHAT THEY'RE PROPOSING. THEY DID PROPOSE 177 SPACES, AND THAT'S WHAT'S IN YOUR PACKET. BUT THEY REACHED OUT WITH CHANGES TO TRY TO INCREASE THE SPACE COUNT, AND THEY'VE BUMPED THAT TO 183, WHICH IS WHAT THEIR

REQUEST IS TONIGHT. >> AND ON THE TRANSPARENCY. OUR REQUIREMENT FOR 60 TO 80%. I ASSUME THERE'S A REASON FOR THAT. AND I DON'T KNOW WHAT IT IS. CAN YOU EXPLAIN TO ME WHY

WE HAVE THAT REQUIREMENT? >> I THINK IT'S JUST MORE OF AN ESTHETIC PREFERENCE. THE FORM-BASED CODE IN ITS DESIGN IS ABOUT CREATING A LOOK AND A FILL, RATHER THAN THE MORE TYPICAL ZONING BY USES. SO IT DID HAVE A MUCH HIGHER REQUIREMENT FOR GLAZING, BECAUSE THAT'S WHAT THE CITY'S INTENT WAS, WHEN THE FORM-BASE WAS IMPLEMENTED. SO THAT BOTTOM END OF THAT RANGE IS THE LOWEST WE'RE ALLOWED TO

REQUIRE. >> SO THERE WOULD NOT BE ANY OTHER SAFETY OR ISSUE INVOLVED? IT'S JUST ESTHETIC?

>> IT'S JUST A LOOK AND FEEL TO GET A CERTAIN VIBE IN THE

AREA. >> OKAY, THANK YOU.

>> COUNCILMEMBER ANY OTHER QUESTIONS? COUNCILMEMBER

REAVES? >> THANKS FOR THE PRESENTATION.

ON THE SIGNAGE. JUST AS WE CONSIDER THIS WARRANT AND CAREFUL ON HOW WE SET PRECEDENTS. DO YOU KNOW HOW WE

SET SIGNAGE IN OTHERS? >> I'M SORRY. I DO NOT KNOW THE ANSWER TO THAT. I THINK THERE WAS DISCUSSION AT THE PLANNING AND ZONING COMMISSION ABOUT THE PREVIOUS PROJECT, WHERE THE SIGN WAS NOT APPROVED. AND I DON'T REMEMBER ALL OF THE ASPECTS OF THAT CURRENTLY, BUT I THINK THEIR DECISION WAS TO JUST TREAT THESE INDIVIDUALLY, AS THEY

COME FORWARD. >> OKAY. I HAVE A QUESTION FOR

THE APPLICANT AS WELL. >> MAYOR PRO TEM, MAXWELL

FISHER. >> GREAT. THANK YOU. THANKS FOR BEING HERE. I KNOW THIS WAS ASKED AT THE P AND Z MEETINGS.

AND THERE WAS A SHARED PARKING. JUST WANTED TO ENSURE THAT THAT WAS FORMALIZED FOR A LONG-TERM SHARED PARKING AGREEMENT THAT THE BUILDING SOLD TO ANOTHER PARTY THAT THAT SHARED PARKING AGREEMENT WOULD STILL BE IN EFFECT?

>> THAT'S A GREAT QUESTION. YES. SO OUR PARKING AGREEMENT THAT WE HAVE IN DRAFT FORM THAT WE'RE IN AGREEMENT ON, IN PRINCIPLE, WITH AVALON WOULD BE IN PERPETUITY TO RUN WITH THE LAND. SO IN THE EVENT THE HOTEL WOULD CHANGE OWNERSHIP, IT

WOULD BE IN PLACE THEREAFTER. >> PERFECT.

>> AND IF I COULD ADDRESS THE SIGNAGE. ONE OF THE REASONS, WE DO HAVE TWO TENANTS HERE. SO THE LIMITATION IS 30 SQUARE

[00:35:06]

THE HIGHWAY. >> GREAT. THANK YOU. THAT'S ALL MY QUESTIONS. AND THANKS FOR CONSIDERING INVESTING IN

ROWLETT. >> THANK YOU. APPRECIATE IT.

>> COUNCIL, ANY OTHER QUESTIONS?

>> EXCELLENT. DEPUTY MAYOR PRO TEM SHINDER.

>> YES. ALSO ON THE SIGNAGE. I SEE THAT YOU'RE GOING TO HAVE SIGNS ON THREE SIDES. IS THAT CORRECT?

>> YES. >> AND IF THE COUNCIL DID NOT GRANT THAT WARRANT ON THE SIGNAGE, WOULD YOU STILL BE ABLE TO GO AHEAD AND DO WHAT YOU'RE GOING TO DO? I GUESS IS MY QUESTION. I KNOW YOU WANT US TO GRANT IT.

>> IT'S GOING TO KILL THE PROJECT OR ANYTHING IF THE SIGNAGE WAS DIFFERENT. BUT WE BELIEVE THE SIGNAGE, AT ITS CURRENT SIZE IS APPROPRIATELY SCALED FOR A FIVE-STORY BUILDING. AND SO IT COULD LOOK A LITTLE -- IT WOULDN'T LOOK QUITE RIGHT, IF WE REDUCE THE SIGNAGE. OUR SIGNAGE WAS DESIGNED WITH THE ARCHITECT. AND HE DESIGNED IT BASED ON THE DISTANCE AND THE HEIGHT OF THE BUILDING AND SUCH. AND IT LOOKS PRETTY CLEAN. I DON'T KNOW IF YOU'VE HAD A CHANCE TO SEE THE

RENDERINGS. >> I WAS GOING TO ASK YOU IF

YOU HAD A RENDERING. >> I HAD A FULL PRESENTATION TO SHARE ANY RENDERINGS. SO I'VE SHARED THAT WITH YOU ALL. SO

HAPPY TO SHOW THE RENDERING. >> OKAY. YEAH. I'D LIKE TO SEE

THAT. >> IS THAT SOMETHING WE CAN

SHARE NOW? >> IT IS.

>> PERFECT. >> I'M HAPPY TO GO THROUGH ANY OF THESE. I WAS READY TO ROLL. SO HERE'S A VIEW NORTHEAST FROM SAPPHIRE BAY. U.S. THIS IS FROM THE PARKING LOT. U. WEST.

THIS IS TO SEE WHEN IS THE BEST FOR SIGN. YOU CAN SEE THE SIGN UP THERE. IT'S A SIMPLE, YOU KNOW, CHANNEL LETTER, LIGHTED

-- SORRY. >> THAT WOULD BE THE PROPORTION

-- >> ONE MORE TIME. SORRY.

>> OH. >> YEAH. THIS IS ON SUNSET.

>> OKAY. SO THIS RENDERING, THIS WOULD BE THE CORRECT PROPORTION OF THE SIGN TO THE BUILDING?

>> YEAH. THAT IS CORRECT. >> OKAY.

>> IN FACT, I THINK I HAVE 2D ELEVATIONS THAT ARE PROBABLY BETTER FOR SIGN DEVELOPMENT. HERE YOU GO. THIS GIVES YOU AN IDEA OF THE SCALE OF THE SIGN. WE THINK IT FITS APPROPRIATELY, GIVEN THE PARAPET OF THE BUILDING. IT WILL BE CLEAN LETTER. WE DON'T BELIEVE IT'S GOING TO STAND OUT.

>> YEAH. THAT HELPS A LOT TO SEE IT.

>> THANK YOU. >> MR. FISHER, THE MONUMENT SIGN THERE, THAT'S ON THE NORTHWEST CORNER OF THE

PROPERTY? IS THAT CORRECT? >> THAT WOULD BE ON THE

SOUTHWEST CORNER. >> SOUTHWEST.

>> YEAH. DOWN BY THE PARK. >> GOT IT. OKAY. SO COUNCILMEMBER REAVES HAD ASKED THE QUESTION ABOUT OTHER POTENTIAL LARGE SIGNS. CAN'T TELL FROM GOOGLE MAPS HOW BIG IT IS. BUT THERE IS ONE NORTHWEST CORNER ADJACENT. IT SAYS, "PARK AT BAYSIDE." NOT NEARLY AS BIG AS THIS SIGN. BUT

IT IS STILL A FAIRLY BIG SIGN. >>> AND THEN THE ONLY OTHER QUESTION I HAVE IS WITH THE SIDEWALKS. SAPPHIRE AND SUNSET.

THERE ARE CURRENTLY EXISTING SIDEWALKS THERE. AND THOSE

WOULD REMAIN. IS THAT CORRECT? >> THAT IS CORRECT. AND THERE ARE SECTIONS THAT WE'LL BE ADDING SIDEWALK AS WELL, THAT TIE INTO THE BUILDING. BUT THERE ARE SOME LOCATIONS, WHERE UTILIZING THE EXISTING CONDITIONS.

>> OKAY. >> AND THERE'S SOME PARTS OF THAT SIDEWALK, ALONG SAPPHIRE BAY BOULEVARD, WHERE THERE'S CUTOUTS, FOR TREES AND LANDSCAPING AND MAYBE SOME SMALL WALLS. THOSE ARE THE NARROWEST PARTS OF THAT SIDEWALK, I BELIEVE. AND THOSE ARE STILL AT THE SIX-FOOT? IS

THAT CORRECT? >> THAT'S MY UNDERSTANDING. WE HAVE AN AMENITY ZONE, WHERE YOU STILL HAVE CUTOUT AREAS, BUT THERE'S STILL A SIX-FOOT WIDE AREA. AND WE'RE ADDING SOME

TREES TO MAKE A GAP AS WELL. >> IS IT FAIR TO SAY THAT THERE ARE PARTS OF THE SIDEWALK THAT ARE WIDER THAN SIX FEET.

>> CORRECT. >> I THINK THAT'S AN IMPORTANT DISTINCTION, WHEN WE TALK ABOUT THE WIDTH OF THE SIDEWALK AS A WHOLE, VERSUS CERTAIN PORTIONS. OKAY, COUNCIL, ARE THERE ANY OTHER QUESTIONS IF ARE APPLICANT OR STAFF? IN THAT CASE, THANK YOU. FOR THE PRESENTATION. WE WILL OPEN THE HEARING AT 7:44 P.M. MEMBERS OF THE PUBLIC ARE ENCOURAGED TO

[00:40:05]

[7D. Discuss and consider action 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.]

I SEE A MOTION FROM COUNCILMEMBER REACHES. IS THAT A MOTION TO APPROVE? MOVE AS PRESENTED. AND SECOND BY COUNCILMEMBER BOWERS. COUNCIL, ANY DISCUSSION? DEPUTY MAYOR

PRO TEM SHINDER. >> I APPRECIATE HAVING THE ANSWERS HANDY THERE TO MY QUESTION. BUT SEEING THE RENDERING ALLAYED MY CONCERNS. I THINK IT LOOKS CLASSY. AND I DON'T THINK IT WILL BE A PROBLEM. I'M EXCITED ABOUT THIS PROJECT. I HAVE BEEN SINCE I FIRST HEARD ABOUT IT. I'M GLAD TO SEE US GETTING THIS HOTEL. I THINK THIS IS VERY APPROPRIATE FOR THAT PARTICULAR LOCATION. AND I THINK THAT IT WILL BE A BIG BENEFIT TO THE CITY.

>> ALL RIGHT. THANK YOU. COUNCIL, ANY OTHER DISCUSSION? MR. FISHER, IT'S GREAT TO SEE YOU AGAIN. THANK YOU FOR BEING BACK BEFORE THE COUNCIL. WE APPRECIATE THE PROJECTS YOU'VE BROUGHT THUS FAR. AND THIS IS ANOTHER GOOD EXAMPLE OF THAT.

SO WE'RE EXCITED. WE'RE EXCITED ABOUT THIS PROJECT.

THANK YOU. COUNCIL, AT THIS TIME, LET'S GO AHEAD AND CALL A VOTE. ALL RIGHT. AND THAT MOTION CARRIES UNANIMOUSLY, BY A VOTE OF 6-0. WITH THAT, COUNCIL, WE WILL MOVE ON TO THE LAST PART OF OUR AGENDA. MEMBERS OF THE CITY COUNCIL MAY PLACE TOPICS FOR A SUBSEQUENT MEETING. ANY ITEMS TO PUT ON AGENDA FOR SUBSEQUENT MEETING. COUNCIL, ANY ITEMS FOR A FUTURE MEETING? SEEING NONE, WE WILL ADJOURN AT 7:46 P.

* This transcript was compiled from uncorrected Closed Captioning.