[Board of Adjustment -- Regular Meeting]
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>>> ALL RIGHT, WELCOME, AT THIS TIME WE WILL CALL THE JANUARY 22ND, 2025 CITY OF ROWLETT BOARD OF ADJUSTMENTS MEETING TO ORDER. THE TIME IS NOW 6:32. AS AUTHORIZED BY SECTION 551 .071 OF THE TEXAS CODE, THIS MEETING MAY BE CONVENED INTO CLOSED INTERSECTION FOR THE PURPOSE OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY ITEM. WE CAN RECONVENE, REASSESS, OR REALIGN THE REGULAR SESSION . PROCESS FOR PUBLIC INPUT, IF YOU ARE NOT ABLE TO IN PERSON, YOU MAY COMPLETE THE CITIZENS INPUT FORM ON THE CITY'S WEBSITE BY 3:30 P.M. ON THE DAY OF THE MEETING. ALL FORMS WILL BE FORWARDED TO THE BOARD OF ADJUSTMENTS PRIOR TO THE START OF THE MEETING PRAYED FOR IN PERSON COMMENTS, REGISTRATION FORMS CAN BE FOUND AT THE BACK OF THE ROOM INSIDE THE DOOR OF THE COUNCIL CHAMBERS. FIRST ORDER OF BUSINESS NOW THAT WE ARE CALLED TO ORDER IS ITEM NUMBER 2, CITIZENS INPUT. AT THIS TIME, THREE-MINUTE COMMENTS WILL BE TAKEN THE AUDIENCE ON ANY TOPIC BUT NO ACTION CAN BE TAKEN BY THE BOARD DURING CITIZENS INPUT. IS THERE ANYONE IN ATTENDANCE THAT WISHES TO PROVIDE ANY CITIZENS INPUT? NOPE, ALL RIGHT. SECOND
-- >> BRAXTON MILLER? OH, I AM SO SORRY. THAT'S ALL RIGHT. SO, WE WILL JUMP DOWN TO ITEM NUMBER 3, CONSIDERATION FOR ITEM 3A, ADMINISTER THE OATH OF OFFICE TO THE NEWLY REAPPOINTED MEMBERS.
>> SO, I AM GOING TO DO THIS WITH YOU ALL AT THE SAME TIME, THIS IS ONLY FOR THOSE OF YOU WHO ARE REAPPOINTED OR APPOINTED TO THE BOARD, SO WE HAVE CHRIS BARBARA, JOHN DOUGHERTY, AND ADAM MOCERI. YOU WANT TO COME UP HERE FOR YOUR OATH OF OFFICE WITH US? SO, I'M GOING TO MAKE A STATEMENT, THAT HE WILL STAND UP, YOU WILL REPEAT AFTER ME. WHEN I SAY STATE YOUR NAME, PLEASE SAY YOUR NAME AND NOT STATE YOUR NAME. THOSE WHO ARE -- MR. DOUGHERTY, MOCERI, AND BARBER, STAND UP. WHAT WE WILL DO, WE WILL DO THE OATH ADMINISTRATION. AFTER, WE WILL TAKE A QUICK RECESS, LET YOU SIGN A COUPLE DOCUMENTS, YOUR TERM OFFICIALLY BEGINS AGAIN, THEN WE WILL MOVE ON TO THE ACTION ITEMS IN THE MEETING, OKAY? SO, RAISE YOUR RIGHT HAND. I, STATE YOUR NAME, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE BOARD OF ADJUSTMENT OF THE CITY OF ROWLETT AND THE STATE OF TEXAS , AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE , SO HELP ME, GOD. CONGRATULATIONS. WE WILL TAKE A QUICK RECESS HERE.
>> ALL RIGHT, >> ALL RIGHT, CONGRATULATIONS AND WELCOME TO THE BOARD. ALL RIGHT, AT THIS TIME, WE WILL RECONVENE THE MEETING AND WE WILL MOVE ON TO THE NEXT BOARD BUSINESS ITEM, ITEM 3B, THAT IS THE ELECTION OF A CHAIR AND VICE YEAR FOR A ONE-YEAR TERM FOR THIS YEAR. SO, AT THIS TIME, I OPEN UP THE FLOOR TO NOMINATIONS FOR CHAIR. GOOD.
>> ALL RIGHT. AT THIS TIME, WE SHOULD VOTE. OKAY, ARE THERE
ANY OTHER NOMINATIONS? >> YOU NEED A MOTION TO
APPOINT. >> OKAY, AT THIS TIME, CAN SOMEBODY PROMOTE A MOTION TO APPOINT? SO, ALTERNATES CAN SIT UP HERE AND PARTICIPATE IN DISCUSSION, BUT AS AN ALTERNATE, YOU ARE NOT ALLOWED TO VOTE, BUT YOU'RE WELCOME TO PARTAKE IN DISCUSSIONS. ALL RIGHT. CAN WE GET A MOTION? OKAY, SECOND? ALL RIGHT, NOW WE VOTE.
>> CHAIR, CAN WE DO A VOTE BY HAND BECAUSE WE DID NOT DIVIDE THE CHAIR AND VICE CHAIR VOTE POINT IT WILL BE RECORDED, BUT
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-- >> ALL RIGHT. PASSES. VERY GOOD, THANK YOU ALL. SO, AT THIS TIME, WE WOULD LIKE TO HAVE NOMINATIONS FOR VICE CHAIR. DO WE HAVE ANY NOMINATIONS FOR VICE CHAIR? I WOULD LIKE TO NOMINATE JOSH.
ALL RIGHT. VERY GOOD. ANY OTHER NOMINATIONS? VERY GOOD, CAN WE GET A MOTION TO VOTE QUESTION MARK SECOND. ALL RIGHT.
>> CHAIR, I AM SORRY, WHO MOTIONED FIRST?
>> ALL RIGHT. SORRY, AM I MOVING TOO FAST? ALL RIGHT. SO, BY HAND VOTE, ALL THOSE IN FAVOR?
>> YOU CAN DO THIS ELECTRONICALLY, BECAUSE WE ARE
GOOD ON BOTH. YES. >> VERY GOOD. ALL RIGHT.
CONGRATULATIONS. ALL RIGHT, AT THIS TIME, WE WILL MOVE ON TO ITEM 3C, AND THAT IS TO CONDUCT A PUBLIC HEARING AND TAKE ACTION ON A REQUEST FOR MULTIPLE VARIANCES, INCLUDING INCOMPATIBILITY BUFFER TREES, INCOME PALATABILITY BUFFER SHRUBS, INCOMPATIBILITY BUFFER LANDSCAPE REQUIREMENTS, INCOMPATIBILITY LANDSCAPE SCREENING, RIGHT-OF-WAY LANDSCAPE REQUIREMENTS, PARKING LANDSCAPE TREES, APPROVED PLANT LISTS, SPECIES DIVERSIFICATION, AND DUMPSTER SCREENING, SUBMITTED BY BRIAN HIATT, REPRESENTING PROPERTY OWNER CORNERSTONE. PROPERTY ZONED SINGLE-FAMILY RESIDENTIAL SF-10 UNLIMITED OFFICE OH-ONE. THE APPROXIMATELY 12.07 ACRE LOT IS LOCATED AT THE SOUTHWEST CORNER OF CORNERSTONE DRIVE AND DALROCK ROAD, IDENTIFIED AS BLOCKADE, LOT 1 OF CORNERSTONE CHURCH EDITION. THAT'S A GOOD EVENING, COMMISSIONERS, I WILL BE PRESENTING AGENDA ITEM 3C. ALL RIGHT, THERE WE GO. SO, THIS SUBJECT PROPERTY IS LOCATED AT 4000 DALROCK ROAD, SINGLE-FAMILY RESIDENTIAL 10 AND LIMITED OFFICE. THEY HAVE GIVEN APPROVAL TO CONSTRUCT A CHURCH BUILDING HERE, SO THE REQUEST BEFORE YOU TODAY AS IT STATED IS REQUEST FOR VARIANCES TO OUR LANDSCAPING REQUIREMENTS, AND LARGELY THAT IS DUE TO FINANCIAL CONSTRAINTS OF THE DEVELOPER. SO, QUICK BACKGROUND ON THE SITE, WHICH WAS COVERED IN MORE DETAIL ON THE STAFF REPORT, BUT JUST A QUICK OVERVIEW. THE ORIGINAL SITE DEVELOPMENT PLAN WAS APPROVED ON OCTOBER 30TH, 2020, THEY CAME AND AMENDED THAT PLAN ON MAY 25TH, 2021 POINT THEY DID RECEIVE AN ALTERNATIVE LANDSCAPE PLAN APPROVAL IN 2022. WHEN THIS REQUEST CAME IN, THEY ORIGINALLY ASKED TO AMEND THAT ALP, BUT AS STATED IN THE STAFF REPORT, AFTER LOOKING AT THE REQUEST AND THE DEVELOPMENT CODE, STAFF DETERMINED THAT VARIANCES WOULD BE A MORE APPROPRIATE AVENUE, SINCE THEY'RE REQUESTING A LEAF FROM OUR BOARD OF ADJUSTMENTS JURISDICTION. SO, THEY DO HAVE A COMPANION PIECE AS WELL, CURRENTLY MAKING ITS WAY THROUGH PLANNING AND ZONING AND CITY COUNCIL, SO IT WAS HEARD BY PLANNING AND ZONING ON JANUARY 4TH, LAST WEEK BUT QUICK BACKGROUND ON THAT, THEY DO ALREADY HAVE PARTIAL INFRASTRUCTURE ON THE SITE, AND DURING THAT, SOME TREES WERE DAMAGED DURING CONSTRUCTION.
WHEN THAT OCCURS, MITIGATION IS REQUIRED, SO THEY REQUESTED REALLY THAT MITIGATION, MITIGATION RELIEF, NOW THAT IS MOVING ON TO CITY COUNCIL ON FEBRUARY 4TH. SO, THIS IS THE LANDSCAPE PLAN ASSOCIATED WITH THIS REQUEST HERE TONIGHT, WHICH IS IN YOUR PACKET. I AM GOING TO RUN THROUGH THESE VARIANCES. THESE ARE ALL THE ONES ASSOCIATED WITH THE INCOMPATIBILITY BUFFER TO THE SOUTH OF THE PROPERTY. INCOMPATIBILITY BUFFER IS OFF IN THE RESIDENTIAL AREA TO THE SOUTH. CANOPY TREES ARE REQUIRED, 1.35 FEET. THAT AMOUNTS TO 46 TREES, THEY'RE REQUESTING ZERO TREES BUT ONE EVERGREEN SHRUB IS REQUIRED EVERY 30 FEET, THAT AMOUNTS TO 530 SHRUBS, THEY'RE REQUESTING ZERO SHRUBS. AND SCREENING IS REQUIRED EITHER IN THE FORM OF A SCREENING WALL OR AN OKAY LIVING SCREEN. THEY'RE REQUESTING NO ADDITIONAL SCREENING BEYOND WHAT IS OUT THERE ALREADY. SO, THE RIGHT-OF-WAY BUFFER, THAT IS A LONG DALROCK AND CORNERSTONE, SO FOR CANOPY TREES, ONE EVERY 35 LINEAL FEET IS REQUIRED, SO DALROCK , THAT AMOUNTS TO 23 TREES. THEY'RE REQUESTING THE REDUCTION TO 13 TREES. ALONG CORNERSTONE, 20 TREES, REQUESTING REDUCTION TO 12 TREES BUT EVERGREEN SHRUBS, EVERY 30 LINEAR FEET ALONG DALROCK , THEY'RE REQUESTING 181. ALONG CORNERSTONE, IT REQUIRES 241 SHRUBS, THEY'RE REQUESTING A REDUCTION TO 123.
SCREENING FOR THE RIGHT-OF-WAY, THEY DON'T REQUIRE A MASONRY
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SCREENING WALL, BUT THEY DO STILL REQUIRE THAT OKAY WALL, SO THEY ARE PROVIDING IT FOR PORTIONS OF IT WHERE THEY ARE SUGGESTING THIS LANDSCAPE, BECAUSE IT DOESN'T COVER THE ENTIRE STREET FRONTAGE ALONG DALROCK AND CORNERSTONE, IT DOES REQUIRE LANDSCAPE ISLAND IS REQUIRED EVERY 12 PARKING SPOTS OR AT THE END OF A TERMINUS, IS THAT COMES DOWN TO 25 TREES BASED OFF OF PARKING, THEY'RE REQUESTING 20 TREES. AND PARKING LOT TREES ARE REQUIRED IN GENERAL FOR EVERY 400 SQUARE FEET OF MATERIAL LANDSCAPE THAT IS REQUIRED, SO THAT COMES OUT TO 11 TREES, THEY'RE REQUESTING REDUCTION TO ZERO TREES. AND THEN REAL QUICK, LAST THREE, APPROVED PLANT LIST, THE RDC DOES REQUIRE PLANTS TO BE FROM OUR APPROVED PLANT LIST. IT DOES REQUIRE SPECIES DIVERSIFICATION, SOME NO MORE THAN 25% OF ANY TYPE OF TREE SHALL BE THE SAME SPECIES.THE PROPOSED LANDSCAPE PLAN IS 50% OF TREES IS ONE TYPE IT AND LAST, WE DO REQUIRE A MASONRY SCREENING WALL ALONG THE DUMPSTER FOR SCREENING, THEY'RE REQUESTING TO DO A LIVING WALL IN ITS PLACE. SO QUICKLY, I KNOW A LOT OF YOU ALL ARE PROBABLY FAMILIAR WITH WHAT A VARIANCE IS FOR THE RDC, GENERALLY IT IS ABOUT SOME KIND OF PHYSICAL HARDSHIP ON PROPERTY, SOMETHING UNIQUE ABOUT THE PROPERTY THAT MEANS YOU CAN'T MEET OUR REQUIREMENTS FOR SOME REASON.
SO, THINK GRADE, SOMETHING ALONG THAT NATURE.
] IF GRANTED, THE SPIRIT OF THE REGULATIONS MUST BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. I DO WANT TO MAKE A NOTE, AS I DID NOTE IN MY STAFF REPORT THAT THE STATE DOES HAVE CERTAIN ALLOWANCES FOR FINANCIAL HARDSHIPS, HOWEVER THE LANGUAGE VERY SPECIFICALLY TALKS ABOUT AGAINST A STRUCTURE EXISTING ON SITE, SO WE DID RECEIVE SOME ADDITIONAL FEEDBACK FROM OUR ATTORNEYS WHO MAY HAVE SOME NOTES ON THAT FOR YOU. SO, WE DID SEND OUT NOTIFICATIONS, FOR THE 200 FOOT PUBLIC NOTICES, WE RECEIVED ZERO IN OPPOSITION, ZERO IN FAVOR. ACTUALLY I WROTE TENDER BUT IT WAS 100 NOTICES FOR 500 PUBLIC NOTICES, THAT IS OUR COURTESY , OUR COURTESY NOTICES WE SENT OUT WE RECEIVED TWO OPPOSITIONS, ZERO IN FAVOR. SO, THE BOARD MAY RECOMMEND MODIFICATIONS TO THE APPLICANT'S REQUEST. JUST TO SAY Y'ALL CAN SUGGEST SOMETHING ALTERNATIVE TO WHAT THE APPLICANT IS REQUESTING.
SO, THE BOARD MAY APPROVE, APPROVED WITH CONDITIONS, OR DENY. THAT CONCLUDES MY PRESENTATION, I WILL BE
AVAILABLE FOR ANY QUESTIONS. >> OPEN UP FOR ANY QUESTIONS
>> I THINK THAT MIGHT BE MORE BETTER SUITED FOR THE APPLICANT, BUT I CAN TELL YOU AS THEY HAVE KIND OF GONE THROUGH THE DEVELOPMENT PROCESS, I THINK THEY NEED SOME REALIZATIONS ON WHAT WILL WORK ON THEIR SITE AND PER THEIR BUDGET AND WHAT WON'T.
SPEAK ON THAT MORE. >> I DON'T THINK I HAVE THAT.
I DON'T THINK I HAVE -- >> CAN EVERYBODY HEAR ME, AM I TALKING LOUD ENOUGH? IT JUST WASN'T SHOWING UP HERE. BUT THAT'S HERE NOW. USUALLY IF YOU JUST TAP RIGHT WHERE IT SAYS -- OKAY. GOT IT, YEAH, THANK YOU. I JUST WANT TO PROVIDE A LITTLE BIT OF ADDITIONAL CLARIFICATION AS FAR AS WHAT WOULD QUALIFY OR WHAT THE BOARD MAY TAKE INTO CONSIDERATION INTO DETERMINING WHETHER THERE IS AN UNNECESSARY HARDSHIP IN COMPLYING WITH OUR ZONING ORDINANCE, AND THE COURTS HAVE BEEN VERY CLEAR THAT A FINANCIAL HARDSHIP DOES NOT QUALIFY AND MAY NOT BE TAKEN INTO CONSIDERATION IN DETERMINING IF AN UNNECESSARY HARDSHIP EXISTS. THE LEGISLATURE HAS, LIKE BRITNEY POINTED OUT, HAS GRANTED SOME EXCEPTIONS, BUT THOSE ONLY COME INTO PLAY WHEN THERE IS AN EXISTING STRUCTURE, AND HERE THERE IS NOT. THANK YOU.
>> ANY OTHER QUESTIONS? JUST TO CLARIFY, I GUESS THE SETTINGS ARE IF YOU NEED TO SPEAK, YOU HAVE TO HIT THE REQUEST TO SPEAK, THEN I CAN ACTIVATE YOU HERE. SO, YEAH. OKAY. IF THERE ARE NO OTHER QUESTIONS, SHOULD WE ASK THE APPLICANT TO COME SPEAK? AND IF YOU COULD, STATE YOUR NAME AND YOUR ADDRESS FOR
THE RECORD, PLEASE. >> YES, SIR, MY NAME IS BRIAN HIATT. EXCUSE ME. 8210 WOODSIDE ROAD IN ROWLETT, TEXAS, 75088.
AND I AM THE REGISTERED AGENT FOR CORNERSTONE ASSEMBLY OF GOD , AND ALSO I OBVIOUSLY SERVE AS THEIR PASTOR, AND I AM IN A UNIQUE POSITION. THIS IS NOT MY FORTE, SPEAKING TO CITY COUNCIL OR COMING TO THE BOARD, WE APPRECIATE WHAT YOU GUYS DO AND WE DO PRAY FOR YOU AND THAT NATURE, BUT I AM NORMALLY
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MARRYING SOMEONE, BURYING SOMEONE, OR DEDICATING SOMEONE'S BABY. SO, I HOPE YOU GIVE ME SOME GRACE IN MY PRESENTATION. AS COUNCIL MENTIONED, I GUESS IT IS FLEETING FOR THIS REASON, BUT DUE TO THE SIZE OF OUR -- AND MR. ROMAINE MENTIONED RAILS OFF, I WOULD -- I AM A BIT OFFENDED UP. SIMPLY BECAUSE -- THAT DOESN'T DESCRIBE OUR SITUATION CLEAR ENOUGH. I THINK IT IS PARTIALLY FINANCIAL.EVERY BID WE HAVE GOTTEN FOR THE APPROVED LANDSCAPING PLAN THAT WE GOT BACK -- IT WAS NOVEMBER '23 , I BELIEVE, '22 OR '23, WHATEVE, WE HAVE BEEN BUILDING THIS FOR FIVE YEARS, SO COVID SET US BACK, WHICH YOU GUYS DON'T NEED AN EXPLANATION ON, BUT ALL OF OUR ESTIMATES HAVE COME IN ON THAT APPROVED, CITY APPROVED, AND PNC APPROVED LANDSCAPING , ALTERNATIVE LANDSCAPING PLAN . GOT ANOTHER QUOTE YESTERDAY, WE HAVE I THINK SIX TOTAL THAT WILL BE COMING IN, IT WAS OVER $200,000, $216,000, THAT GOES ALL THE WAY UP TO -- SO FAR, UP TO A LITTLE OVER A QUARTER MILLION DOLLARS. MY CHURCH PEOPLE, AS YOU GUYS KNOW, IS THE CHURCH FOR NONPROFIT. WE RELY ON THE KINDNESSES AND GENEROSITY OF OUR PEOPLE, WE ARE A CHURCH OF ABOUT A LITTLE LESS THAN 100, SO, THIS WAS QUITE SHOCKING TO ME, WHICH IT SHOULD BE FOR THE COST OF WHAT IS GOING ON, SO THIS IS BEYOND OUR BUDGET, AND WE ARE HOPING -- I KNOW SOME OF THE STATISTICS THAT BRITNEY PUT UP THERE, I DIDN'T REALIZE THAT IT WAS THAT SEVERE THAT WE WERE ASKING FOR, BUT I JUST WANTED TO GO THROUGH A COUPLE REASONS WHY WE ARE ASKING FOR A PLAN THAT IS BENEFICAL TO YOU, TO OUR CITY, AND ALSO TO OURSELVES. I AM SUPPOSED TO BE DOING THIS, I AM SORRY. I THINK I REMEMBER -- THERE WE GO. THAT WAS WHAT WE TALKED ABOUT, THE OVERALL WATERING AND MAINTENANCE IS ALSO INCLUDED IN THAT , LOOKING LONG RANGE, TO PROVIDE CARE FOR ALL THE PLANTS. THE SECOND REASON , FINANCIAL, TOPOGRAPHICAL CHANGES THAT HAVE TAKEN PLACE.
WE HAD OVER 1600 TRUCKLOADS OF DIRT REMOVED TO MEET THE REQUIREMENTS OF THE CITY, THE ENGINEERING, THE DRAINAGE, AND ALL THAT. AND SO, THE ELEATION REQUIREMENTS THAT WERE SET BY PNC, ALTERNATE LANDSCAPING, WERE TO COVER HEADLIGHTS, AND THE GRADE HAS GONE DOWN AT LEAST FIVE FEET AND FURTHER, AND I DON'T KNOW IF ANYBODY HAS TAKEN TIME TO DRIVE ON THE PROPERTY AND SEEN HOW MUCH HAS CHANGED, AND TO BE HONEST WITH YOU, WE WERE A BIT SHOCKED AT THE GRADING, HOW MUCH THEY TOOK OUT, AND ALLEVIATING -- SPEAKING BACK TO MEETING WITH PNC ON THIS OTHER TOPIC, WE HAD TREES THAT WERE GRADED DOWN TO FIVE AND SIX FEET OF ROOT BEING SHOWN, AND THAT'S WHY WE ARE TRYING TO RECTIFY THAT. AND SO, THE LOWER ELEVATION THAT IS NOW THERE, ALONG WITH THE ALREADY NATURAL CANOPY THAT WE HAVE ON THE SOUTH SIDE, WITH -- WOULD SHIELD ANY HEADLIGHTS GOING INTO THE SOUTH SIDE OF THE PROPERTY. THAT IS WHERE W ARE POINTING RIGHT THERE, WHERE THE PREVIOUS PNZ MENTIONED THAT THEY WANTED TO PUT THE LANDSCAPING THERE TO SHIELD THE HEADLIGHTS THAT GO INTO THE HOUSE ON THE SOUTH SIDE, AND THERE IS ONLY ONE, AND THERE ARE ALREADY SEVERAL NATIVE TREES ALREADY IN THERE, PLUS THAT BANK IS DOWN. I AM SIX FOOT FOUR, I CAN STAND ON IT, AND IT COMES RIGHT HERE, IN THAT LINE OF SIGHT. SO, IF YOU HAVE HEADLIGHTS THAT TALL, YOU'RE GOING TO GET OVER IT A LITTLE BIT. AS MOST OF YOU KNOW, HEADLIGHTS ARE GOING TO OBVIOUSLY BE A LITTLE BIT LOWER, UNLESS YOU DRIVE A MONSTER TRUCK. SO, THAT IS A REASON, ANOTHER REASON FOR IT, AND HERE ARE A COUPLE PICTURES, IT IS KIND OF HARD TO SEE, THAT IS HEADING DOWN TOWARDS DALROCK ON THE FURTHEST SOUTHERN ENTRANCE. AND THAT IS LOOKING BACK FROM THE OTHER WAY, JUST ABOUT STRAIGHT UP. TO WHERE YOU ENTER INTO OUR PROPERTY. SPEAKING TO THAT SOUTHERN NATURAL BARRIER THAT IS ALREADY UP, IT WOULD SEEM TO BE
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REDUNDANT TO ME TO PUT UP ANOTHER ROW OF LANDSCAPING, PARTICULARLY THE TREES OR THE SHRUBS. IT WOULDN'T MAKE SENSE. AND THEN AROUND THE DUMPSTER, WE UNDERSTAND THAT, I DON'T WANT TO LOOK AT IT LIKE IT IS, SHOW YOU WHAT THAT IS HERE IN A MINUTE, WE WANT TO KEEP THAT AREA , IT WOULD HAVE TO BE A SPECIAL LANDSCAPING TYPE ISSUE.THERE IS -- THE ARROW POINTS TO THE TREES, AND IF YOU LOOK TO MY LEFT, PROBABLY YOU'RE RIGHT, I DON'T KNOW HOW YOU ALL VIEW THAT, BUT THERE IS SOME CIRCLE OF TREES ALL THE WAY AROUND, THOSE BRANCH ALL THE WAY OUT PAST THAT CORNER -- IS THAT THE -- I DON'T REMEMBER HOW TO DO THAT -- WHICH IS THE -- I'M SORRY. THE BOTTOM ONE? IS THERE A POINTER ? OKAY, I'M SORRY.
IS THAT RIGHT? THOSE TREES RIGHT THERE, AND ALL THESE TREES FILL IN THIS AREA, WHERE I MEAN, IT IS A CLOSED BARRIER.
WINTERTIME IS A LITTL DIFFERENT, BUT SUMMERTIME, YOU CAN'T SEE THROUGH THERE, YOU CAN'T GET HARDLY THROUGH THERE RIGHT NOW WITH THE DENSITY OF IT, BUT THOSE TREES RIGHT THERE A BLOCK ALL OF THIS, AND EVEN PAST WHERE THE DUMPSTER IS HERE, BUT WE WOULD STILL WANT TO SCREEN OBVIOUSLY AROUND THAT DUMPSTER WITH THE LIVING SCREEN. AND THEN THERE IS ALSO BEHIND THE DUMPSTER, WE HAD A NEIGHBOR WHO LIVES ON THE CORNER , CAME AND SPOKE TO US, AND HE SAID THAT OUR PROJECT WAS CAUSING WATER TO -- AND IT'S WEST OF US ON THE CORNER , I CAN'T THINK OF THE GENTLEMAN'S NAME, BUT OLDER GUY, AND HE SAID THAT OUR BUILDING WAS CAUSING WATER TO BACK UP AND NOT DRAIN FROM HIS BACKYARD. WHICH IT WASN'T US, IT WAS THE SUBDIVISION, BASICALLY, THAT MOVED -- SO, WE HAVEN'T DONE ANY WORK BACK THERE. AND SO, WE WENT AHEAD AND ENGINEERING SPOKE WITH US AND ASKED US IF WE WOULD GO AHEAD AND DO THAT TO -- HELP IN THE FUTURE IF IT CAME TO BE A PROBLEM, AND WE SAID YES. IT IS PROBABLY 120 FEET LONG BY PROBABLY 10 FEET WIDE, IT IS KIND OF A SWELL, SO WATER WILL RUN FROM HIS BACKYARD BEHIND THE DUMPSTER ONTO OUR DRIVEWAY.
AND SO, I THINK WE HAVE -- THAT IS THOSE TREES, THAT CIRCLE OF TREES THAT IS POINTING BACK, THAT IS JUST A NATURAL BARRIER.
AND THAT IS LOOKING BACK WEST OF THE SAME NATURAL BARRIER TOWARDS THE DUMPSTER ON THE BACK RIGHT. AND THEN THAT IS THAT SWELL THAT RUNS ALL THE WAY -- IT IS BY THE DUMPSTERS TO THE RIGHT, I HAD A HARD TIME TRYING TO FIGURE OUT HOW TO SHOW THAT TO YOU, BUT THE GREEN LINES ACTUALLY INDICATE THE SWELL THAT GOES ALL THE WAY BACK TO THAT TREE ON THE LEFT THERE. BY HIS FENCE. SO, ALL THE WATER NOW, AS WE ATTESTED HERE A FEW WEEKS AGO WHEN WE HAD QUITE A BIT OF RAIN, IT DRAINS FAIRLY WELL. IN MY OPINION. OF COURSE, THAT IS NOT MY FIELD OF EXPERTISE, BUT IT IS. SO, THE LAST BARRIER WE ARE TALKING ABOUT IS THE WEST BARRIER THAT IS ON THE BACKSIDE OF THE PROPERTY, THE WEST SIDE, THAT IS BETWEEN OUR PROPERTY AND LAKESHORE VILLAGE SUBDIVISION. BETWEEN OUR FIRE LANE , WHICH I AM STANDING THERE TAKING A PICTURE, TO THAT FENCE IS OVER 300 FEET IN DISTANCE. IT IS LONGER THAN A FOOTBALL FIELD , I HAVE MEASURED IT ALL PERSONALLY. AND IT IS ABOUT AS LONG AS IT IS DEEP. AND SO, WE HAVE DROPPED THE PROPERTY BECAUSE OF THE GRADING, IT IS ALREADY DONE FOUR TO FIVE FEET. AND SO, THEY HAVE PUT UP -- IT IS AN EIGHT FOOT FENCE ACROSS THEIR. AND WE ARE ASKING FOR SOME TYPE OF RELIEF ALONG THAT BACKSIDE. I KNOW THE REPORT SAYS ZERO, BUT WE ARE WILLING TO WORK WITH THE BOARD OF ADJUSTMENTS, WHOEVER WE NEED TO, TO PUT IN ENOUGH COVER, BUT IN THE SAME INSTANCE, HAVE SOME RELIEF FROM THE MANDATES, BECAUSE WE ARE
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NOT ABLE TO COMPLY WITH WHAT WE ARE BEING ASKED TO DO. WITH EVERYTHING THAT IS THERE. AND SO, THAT IS WHAT -- NOW THAT IS LOOKING FROM CORNERSTONE DRIVE BACK TOWARDS THE DUMPSTER AND THAT SWELL. AND I APOLOGIZE, I AM NOT A VERY GOOD PICTURE TAKER, SO, PHOTOGRAPHER, I MEAN. AND SO, OUR HOPE IS THAT YOU ALL WOULD WORK WITH US , AND ALSO THE TREE LINE, WHEN THE P&Z INSTRUCTED US TO PLANT TREES AND SHRUBS TO BLOCK HEADLIGHTS, FOR THOSE OF YOU -- IF YOU ARE FACING DALROCK NOW AND WE PUT TREES ALONG DALROCK , ALONG THAT BORDER, THEY ARE PROBABLY DOWN -- HEADLIGHTS WILL GO RIGHT OVER TOP OF THEM.AND SO, WHAT WE WOULD LIKE TO DO, AND I DON'T KNOW IF I CAN SHOW THIS ANYWAY, ALONG DALROCK , IF WE CAN BRING THE TREES UP TO -- THE TREE IS UP TO OUR SIDEWALK WHERE THE CAR POSING AND YOU HAVE THOSE TREES INSTEAD OF BEING ON DALROCK IN THAT SECTION, BUT UP CLOSE TO OUR PARKING LOT, THEN THE HEADLIGHTS WOULD BE -- LET ME TRY THIS AGAIN. SEE, RIGHT NOW, THEY ARE ALL DOWN HERE. THESE DOWN HERE. WE WOULD PUT UP HERE -- I'M SORRY, RIGHT HERE IN FRONT OF THESE PARKING SPOTS.
AND THAT WOULD BLOCK -- AND THAT IS WHAT THE LANDSCAPER , ARCHITECTS THAT I MET WITH ASKED ME THAT QUESTION, I SAID THERE'S JUST SOMETHING -- YESTERDAY, WE FOUND THAT OUT, SO WE WERE GOING TO ASK TO INCLUDE THAT IN OUR PROPOSAL TO YOU ALL TONIGHT. BUT WE ARE WILLING TO WORK, WE WANT A GOOD COMPROMISE, IF WE CAN, THAT BENEFITS THE CITY AND US, WE ARE HERE FOR THE LONG TERM. I DON'T FEEL THAT IT'S IMPOSSIBLE THAT WE DEFINITELY NEED SOME HELP TRYING TO MAKE THIS A BIT SMALLER THROUGH BUDGET CONCERNS, AND PLUS, SOME OF THE STUFF HAS CHANGED SINCE THE GRADING TOOK PLACE. DO I TAKE QUESTIONS OR AM I GOING TO GO SIT DOWN? ANY QUESTIONS?
>> QUESTIONS FROM THE BOARD? >> HEY, WHEN I MENTIONED OFF THE RAILS, IT WASN'T TO BE OFFENSIVE TO YOU, IT WAS JUST LIKE I KNOW THERE HAD BEEN PLANS INITIALLY WHEN THE BUILDING PERMITS WERE LED, AND APPROVED , AND WHERE WE ARE AT NOW SEEMS SO FAR OUT. TO BE CLEAR, I DROVE THROUGH THERE THIS AFTERNOON FOR A WHILE AND PARKED IN YOUR PARKING LOT, LOOKED AROUND A LITTLE BIT THE DUMPSTER GOING BACK TO THE HOMES BEHIND YOU ACROSS THAT FIELD, IS THAT THE CHURCH'S
PROPERTY QUESTION MARK >> IT IS OURS.
>> OKAY, SO THAT'S FOR FUTURE EXPANSION? OKAY, SO THEN THAT GRADING YOU DID, THAT WAS WATER FROM THERE?
>> JAMES ASKED US TO GO AHEAD AND TAKE CARE OF THAT BEFORE. I CAN'T TELL YOU HOW LONG IT HAS BEEN, I AM ESTIMATING, BUT I CAN TELL YOU HOW MUCH IT COSTS. IT'S CRAZY. BUT IT'S DONE AND WE WANT TO PRESERVE THAT, OBVIOUSLY, TO HELP HIM.
>> BUT THE CITY IS REQUESTING TO HAVE SOME KIND OF WALL AT THE EDGE OF YOUR PARKING LOT, THEN THAT BIG GRASSY FIELD, THEN THE HOMEOWNERS ON THE FAR WEST OF YOU, THEY HAVE GOT
THEIR FENCE ALREADY THERE, TOO. >> I HAVE LOST THE VISION OF THAT FIELD, WHAT IS GOING ON BEHIND YOU THEN, WHICH WOULD
MAYBE NOT BE A GREAT IDEA. >> TO PUT A FENCE UP?
>> WELL, IF YOU PUT A RETAINING WALL TO BLOCK VISION ACROSS THAT FIELD FOR YOUR PARKING LOT, SEEMS A LITTLE REDUNDANT IN A WAY, THAT IS YOUR FIELD, BUT --
>> EXACTLY. >> THAT IS ALL I HAVE, THANK
YOU. >> NO OFFENSE TAKEN, JUST MY DEFINITION OF WHEELS OFF MAYBE A LITTLE DIFFERENT THAN YOURS, BUT -- THIS WHOLE PROCESS HAS BEEN ALMOST THAT FOR ME.
>> ALL RIGHT. SO, I HAVE QUITE A FEW QUESTIONS ACTUALLY. SO,
>> I UNDERSTAND YOUR DESIRE TO ELIMINATE THE SOUTHERN BARRIER , THAT MAKES SENSE, AND THE WESTERN ONE , YOU COULD DO SOME WORK THERE. IT WOULD HAVE BEEN VERY HELPFUL TO HAVE HAD A PROPOSED ALTERNATIVE LAYOUT , SO THAT WE REALLY UNDERSTAND,
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BECAUSE THERE IS SOME SIGNIFICANT -- YOU ARE ASKING FOR SOME VERY SIGNIFICANT CHANGES HERE. THE PARKING LANDSCAPE, GOING FROM 11 TO ZERO TREES.>> CAN I CLARIFY THAT? >> SURE. LET'S I DON'T KNOW WHERE THE CONVERSATION -- BUT ALL THE ISLANDS AND THE PARKING LOTS , WE ARE GOING TO PLANT TREES THERE. THAT IS SOMETHING
WE KNOW WE NEED TO DO. >> OKAY. YOU DON'T HAVE A
WHOLE LOT OF ISLANDS THERE. >> THE ONE THAT WE ARE WORKING WITH THEM, WE ARE GOING TO REPLANT TREES IN THAT ISLAND, HOPEFULLY, UNLESS SOMETHING ELSE GETS DECIDED BY CITY COUNCIL, WE -- PROBABLY DIDN'T COME ACROSS VERY WELL WHEN I PRESENTED THE P&Z, I GUESS, I DON'T KNOW. BUT THERE WAS SOME -- WE DON'T WANT -- WE ARE NOT TRYING TO GET AWAY WITH ANYTHING, WE HAVE BEEN OPEN, WE PAY OUR FEES, AND IT KIND OF HAD THAT FEELING. I AM NOT GOING TO GET INTO THAT, BUT I WAS A LITTLE BIT DISAPPOINTED IN HOW THEY HANDLED THE SITUATION, BECAUSE THAT MEETING HAS REALLY NOT A LOT TO DO WITH THIS MEETING. AND THEY MADE IT. AND I JUST WASN'T HAPPY ABOUT THAT. BUT OUR GOAL IS NOT TO BE DIVISIVE OR SAY YOU CAN'T GET ME OR I CAN'T GET YOU, WE WANT TO TRY TO COME UP WITH SOMETHING THAT IS PALATABLE FOR EVERYONE.
>> I THINK WE APPRECIATE THAT, IT'S JUST THAT SOME OF THESE ARE DRAMATIC. THE RIGHT-OF-WAY BUFFER , YOU KNOW, YOU ARE WANTING TO REDUCE ON DALROCK , AS WELL AS CORNERSTONE, ALMOST 50% OF THE TREES AND SHRUBBERY. AS WELL AS THE ADDITIONAL CANOPIES THAT THE CITY STANDARDS HAVE REQUIRED . YOU NEED THE TREES FOR A VARIETY OF REASONS, ESPECIALLY ALONG DOUGHERTY, IT IS A SIGNIFICANT HIGHWAY, THAT IS A GATEWAY TO THE CITY. YOU NEED TO ADD SOME ADDITIONAL TREES THAT -- LET'S JUST SEE, THE DEVIATION, THE APPLICANT IS REQUESTING REDUCTION FOR THE 11 TREES TO ZERO TREES, PUTTING THEM IN THAT GREEN SPACE ALONG THE ROAD IS A GREAT -- GREAT INVESTMENT IN YOUR PROPERTY ALONG DALROCK , WHERE YOU ARE TALKING ABOUT MOVING SOME OF THE ONES FROM THE STREET UP, YOU HAVE ADDITIONAL TREES THAT HAVE BEEN REQUESTED IN THE PLAN THAT YOU PRESENTED. AS WELL AS THE CORNERSTONE STREET . TREES ARE -- I AM AN ENVIRONMENTAL CONSULTANT AND I DO A LOT OF STORMWATER WORK, AND THOSE TREES ARE ESSENTIAL, AS WELL AS THE SHRUBBERY, TO REDUCE THE STORMWATER LOAD, AND NOT PUTTING THEM IN WILL CAUSE YOU PROBLEMS , AS WELL AS THE CITY PROBLEMS. AND AGAIN, IF YOU HAD A PLAN FOR US TO REVIEW , THAT WOULD MAKE THIS A WHOLE LOT EASIER TO --
>> WELL, I DON'T MEAN TO LAUGH, BUT EVERY TIME I HAVE GONE TO A LANDSCAPER THEY SAY, WELL, WHAT DO THEY WANT? THEN I GO TO THEM -- EVERYONE IS TELLING ME WHAT THEY WANT, BUT THE CORNERSTONE DRIVE AND DALROCK , PER SE, WE DON'T HAVE A PROBLEM WITH, BECAUSE WE KNOW THEY ARE HIGH VISIBILITY AREAS, WE KNOW THAT. GETTING THE MULCH DOWN THERE, I AM AFRAID THE MULCH AROUND THE SHRUBS --
>> YOU WILL HAVE TROUBLE. >> YEAH, I KNOW, IT IS GOING TO
WASH OUT ONTO THE SIDEWALK. >> YOUR LANDSCAPERS HAVE SOME THINGS ON THERE. I AM SORRY, I HAVE SIMILAR ISSUES AT MY OWN HOUSE. I AM SENSITIVE TO YOUR CONCERNS THERE. BUT -- WE ARE MORE IN THE APPROVAL BUSINESS THAN WE ARE INTO THE CONSULTING
BUSINESS. >> I UNDERSTAND. AND -- AT CORNERSTONE DRIVE AND DALROCK , WE CAN WORK WITH THAT. WE WOULDN'T MIND SOME REDUCTION THERE, BUT I KNEW JUST COMMON SENSE WISE, AS YOU MENTIONED, THAT IT IS COMING INTO THE CITY FROM THE SOUTH , AND CORNERSTONE DRIVE, WHICH WE DONATED THE LAND, GAVE THE LAND TO THE CITY BASICALLY. YOU KNOW
[00:35:03]
HOW THAT WORKS. AND OF COURSE, YOU KNOW THEY TAKE CARE OF THE MAINTENANCE AND ALL THAT, TOO. AS I MENTIONED THAT. WE JUST TRIED TO WORK WITH WHAT WE CAN WITH YOU GUYS, SO IF I GET A PLAN I JUST -- IF WE STUCK WITH WHAT WE HAD ON THE WEST -- I'M SORRY, THE NORTH SIDE AND THE EAST SIDE, DALROCK AND CORNERSTONE DRIVE, IF WE SAID ON THE PARKING LOT, THE ISLANDS, WOULD WE BE ABLE TO ELIMINATE THE ONES ON THE SOUTH SIDE BY THE DUMPSTER AND BY THE ENTRYWAY , AND THEN ON THE WEST SIDE BETWEEN THE HOUSES, AND YOU GUYS WOULD HELP WITH THAT, I WOULD BE MORE THAN HAPPY TO FIT THE REQUESTS OF EVERYTHINGELSE. >> I HAVE A QUESTION BASED ON A LANDSCAPING REVIEW WE DID, I THINK TWO MEETINGS AGO. WHAT ARE THE DIMENSIONAL REQUIREMENTS TO SATISFY THE PARKING SCREENING FROM SHRUBBERY, IS IT LIKE THREE FEET? THE SHRUBS HAVE TO BE MINIMUM THREE FEET?
>> YES, I BELIEVE SO, BUT I CAN DOUBLE CHECK.
>> OKAY, AND THAT IS I SEEM TO BE BASED OFF OF FINISHED GRADE OF THE HARD SCAPES, IS THAT CORRECT?
>> YES. X OKAY, SO WE HAD A SITUATION LIKE THIS A COUPLE WEEKS AGO WHERE WE WERE ENCOURAGING SATISFY SCREENING ISSUES WHERE THEY WERE CONCERNED ABOUT. WE ARE APPROACHING WITH THE GRADING ISSUES, I THINK, NATURALLY WE BUILT SOME AM WONDERING IF WE COULD REQUEST THAT WE SATISFY THE HEIGHT OF SCREENING WITH ADDITIONAL GRADING, WOULD THAT -- AGAIN, WE HAVE SEEN BEYOND THE LISTED WAYS TO SCREEN , AGAIN, OPPORTUNITIES WHERE IT WOULD BE CONSIDERED SCREENING.
IS THAT APPLICABLE TO THE SITUATION HERE?
>> I THINK THAT IS UNDER THE BOARD'S PURVIEW, TO DECIDE WHAT YOU THINK WOULD MEET THOSE STANDARDS, SO IF THAT'S WHAT YOU WOULD LIKE TO DO RATHER THAN -- IF YOU WANT TO PROVIDE AS AN ALTERNATIVE TO HIS REQUEST, I THINK THAT IS UNDER
THE BOARD'S PURVIEW. >> I JUST WANT TO MAKE SURE WHATEVER WE DO MEETS THE INTENT OF THE CITY'S NEED TO SCREEN.
WE ARE NOT TRYING TO UNDO A NEED.
BERM BE? >> JUST AS AN EXAMPLE, ALONG YOURSELF EXPOSURE, BECAUSE OF THE GRADE DIFFERENCE, AS YOU WERE PRESENTING, THERE IS STARTING TO BE A NATURAL SCREENING OF THE SITE ANYWAY, BASED ON THE GRADE ISSUES. I'M JUST TRYING TO GET AN UNDERSTANDING IF THERE ARE ALTERNATES WE COULD PROPOSE TO ACCEPT. WE UNDERSTAND WE ARE MEETING THE INTENT OF THE CITY FOR THE ORDINANCES.
>> FOR MYSELF, I JUST WANTED TO VERIFY, SO BACK IN NOVEMBER '22, THE ALTERNATIVE LANDSCAPING PLAN WAS APPROVED.
HOW DOES THIS DIFFER FROM WHAT WAS APPROVED THEN? HOW IS WHAT YOU ARE REQUESTING NOW DIFFERENT FROM WHAT WAS
APPROVED THEN? >> WHAT YOU ARE SEEING UP THERE ON THE SOUTH SIDE WHERE THE RED EXES ARE, THAT ORIGINAL PLAN, TAKE OFF THE RED STUFF, THAT IS THE ORIGINAL PLAN. I AM SORRY.
THE PAST -- THE APPROVED ALTERNATIVE LANDSCAPING PLAN IN NOVEMBER '22, '23. SO, THE RED MARKINGS ON THEIR ARE THE CHANGE WE ARE REQUESTING AFTER DISCOVERING THE REASONS I WENT THROUGH. I HOPE I ANSWERED YOUR QUESTION.
>> OKAY, SO THE RED MARKS YOU HAVE UP HERE, THAT IS WHAT YOU ARE WANTING TO DIFFER FROM WHAT WAS APPROVED FROM THE
ALTERNATIVE LANDSCAPING PLAN? >> ANYTHING ON DALROCK DRIVE OR I PUT 50%, I ASKED FOR 50% ON THE WEST SIDE OF THAT WAS POSSIBLE. AND THEN WITH THE NATURAL SCREENING ON THE SOUTH SIDE, THAT WAS JUST KIND OF REDUNDANT BECAUSE OF THE GRADE AND THE NATURAL COVER THAT IS ALREADY
THERE. >> AND THE OTHER QUESTIONS I HAVE WAS YOU MENTIONED FOR THE DUMPSTER COVER, YOU ARE GOING TO PROPOSE A LIVE SCREEN, WHAT ARE YOU CONSIDERING A LIVING
SCREEN TO COVER THAT? >> WELL, IT IS WHAT THE CITY REQUIRES, I DON'T HAVE THAT IN FRONT OF ME.
>> THE CITY WAS REQUIRING THAT IT IS A SIX FOOT MASONRY WALL AND YOU ALL PROPOSED A LIVING SCREEN AS AN ALTERNATIVE FOR THE SUBVARIANT, SO THAT'S WHAT I WAS QUESTIONING. BUT IT DOESN'T DICTATE WHAT YOU ARE PROVIDING IS A LIVING SCREEN.
>> ALREADY CONSTRUCTED. WE WOULD PUT IN THE TREES IN ORDER TO
[00:40:03]
BLOCK THAT , BE THE BARRIER. >> SEE, ONE QUESTION HERE, MAKE SURE I AM THINKING IT RIGHT.
FOR THE APPROVED PLAN LIST, YOU ALL ARE PROPOSING ALTERNATIVE PLANT MATERIALS. DO YOU KNOW WHAT THOSE ALTERNATIVES ARE? THAT YOU ARE REQUESTING FOR THOSE VARIANTS?
>> I DON'T KNOW IF -- THERE ON THAT LIST ON THE TOP, BUT I THINK IT IS CUT OFF. IT IS BLURRY.
>> YEAH, I WAS TRYING TO LOOK THROUGH SOME OF THE DOCUMENTS ON HERE, BUT IT WAS DIFFICULT TO READ, THAT'S WHY I WAS WONDERING IF YOU KNEW WHAT IT IS YOU ARE PROPOSING FOR THE
ALTERNATIVE. >> ASKED BRITNEY, TODAY WHEN I TALKED TO HER -- THERE IS AN APPROVED LIST, AND THEN THERE IS THE ALTERNATIVE LIST. UNDERSTANDING WAS THAT THE ALTERNATIVE LIST LANDSCAPING PLAN WHEN ALL THIS WENT DOWN. IN NOVEMBER '22.
>> OKAY, ARE YOU ABLE TO CLARIFY FOR US?
>> AGAIN, AS STAFF STATED IN THE PRESENTATION, SO THIS CAME THROUGH AS AN ALTERNATIVE LANDSCAPING PLAN. STAFF DETERMINED IT DID NOT MEET THE CRITERIA FOR ALTERNATIVE LANDSCAPE PLAN. IT IS REQUIRED TO MEET OR EXCEED THE OVERALL LANDSCAPE STANDARDS FOR THE SITE. BUT DUE TO SOME KINDS OF CONSTRAINTS, SO EASEMENTS ALONG THE RIGHT-OF-WAY OR OVERHEAD POWER LINES ALONG THE RIGHT-OF-WAY, YOU MAYBE NEED TO NOT MEET IN CERTAIN AREAS, BUT OVERALL YOU ARE MEETING. SINCE STAFF DETERMINED, HEY, THIS REQUEST WAS REALLY NOT RELIEF FROM OUR LANDSCAPING STANDARDS VERSUS SOME KIND OF CONSTRAINT ON SITE, WE DECIDED TO COME THROUGH AND RUN ALL THE VARIANCES TO MAKE SURE WE ARE MEETING OUR LEGAL AND CODE REQUIREMENTS, SO THAT'S WHY YOU'RE SEEING SOME OF THESE THINGS SO, THE PLANS -- I CAN RUN THROUGH THIS LIST OF THE PLANS THAT THEY ARE USING. THEY ARE JUST NOT ON OUR LIST, OUR APPROVED LIST THAT I ALREADY SEE, SO WE WANTED TO MAKE SURE TO RUN THAT VARIANCE, BECAUSE IT ALREADY DOES HAVE LANGUAGE THAT SAYS, HEY, YOU'RE SUPPOSED TO USE THESE PLANTS.
SO, THEY HAD PROPOSED DIFFERENT PLANTS AND WERE ON THAT LIST.
>> I WOULD LIKE TO KNOW THE ALTERNATIVES, BUT BEFORE YOU DO, I JUST WANT TO CLARIFY. SO, WHEN THEY CAME BACK, YOU BASICALLY REVOKED THE APPROVAL OF THE NOVEMBER '2022
ALTERNATIVE LANDSCAPE PLAN? >> WE DO NOT REVOKE THE APPROVAL, WE JUST DECIDED TO RUN ALL THESE VARIANCES
TOGETHER. >> SO IT IS APPROVED AND THESE VARIANCES ARE JUST TO GO ALONG WITH IT, TO MAKE SURE
EVERYTHING IS GOOD? >> WE ARE WANTING TO CLEAN IT ALL UP ADMINISTRATIVELY, TO MAKE SURE WE ARE COVERED.
>> OKAY. >> SO, OKAY, SO, NUMBER FIVE, THE SPECIES DIVERSIFICATION WHERE IT SAYS NO MORE THAN 25% OF ANY TYPE SHALL BE THE SAME SPECIES AND THE PROPOSAL LANDSCAPE PLAN INCLUDES 50% OF THE TREES AS ONE TREE TYPE. I DON'T UNDERSTAND THAT. IS THAT A FINANCIAL CONSIDERATION OR IS THAT JUST YOUR LANDSCAPE PLAN?
>> I DON'T KNOW WHERE THAT CAME FROM.
>> IT COULD HAVE BEEN THAT IT JUST WASN'T ADDRESSED IN THE ALTERNATIVE LANDSCAPE PLAN, BUT ESSENTIALLY, WE ARE LOOKING FOR SPECIES DIVERSIFICATION, JUST SO IF A TREE GETS SICK AND IT SPREADS THERE, HOPEFULLY WE ARE MITIGATING IT SPREADING THROUGH ALL OF THE TREES THERE. SO, IT COULD HAVE BEEN JUST A CONVERSATION THAT WAS HAD BEFORE AND WE DON'T HAVE THE CONTEXT FOR IT, BUT WE ARE WANTING TO RUN THAT VARIANCE AS IT IS IN OUR LANDSCAPING STANDARDS.
>> I MEAN, NONE OF US ARE OLD ENOUGH TO REMEMBER, BUT UP NORTH, A LONG, LONG TIME AGO, EVERYBODY HAD CHESTNUT TREES, THEY ALL DIED. AND WE HAVE OAKLEY BLIGHT , THAT'S A PROBLEM. WHY IT IS IMPORTANT TO HAVE A DIVERSIFIED ECOSYSTEM.
>> YEAH, I DON'T KNOW WHERE THAT CAME FROM. I DIDN'T EVEN -- I AM SORRY, I DON'T KNOW. AGAIN, I AM IN A SPACE WHERE I AM NOT -- IT IS NOT MY EXPERTISE. SO, I REALLY WISH I HAD SOMEBODY UP HERE FOR ME WHO COULD
>> COULD THIS BE SIMPLY THE LANDSCAPE DESIGN THAT WAS PRESENTED TO ONLY IDENTIFY THE SINGLE SPECIES?
>> ABSOLUTELY, IT COULD BE THE LANDSCAPE ARCHITECT AT THE TIME WASN'T AWARE OF THAT REQUIREMENT.
>> AND I CAN OBVIOUSLY HAVE THAT IN OUR DISCUSSIONS WITH WHOEVER WE CHOOSE TO GO WITH, AND MAKE SURE THEY -- AND WORK WITH WHOEVER THEY WERE PLANNING, TO MAKE SURE THAT
>> ONE THING I WOULD LIKE TO COMMENT ON TO THE BOARD IS WHEN I DROVE THROUGH THERE, I NOTICED THAT THERE WAS SUCH A NICE GROUP OF OLD GROWTH TREES UP THERE, THAT IF WE CAN DICTATE, YOU HAVE GOT TO PLANT SO MANY TREES UP THERE, IT IS NOT GOING TO BE ANYTHING LIKE THE OLD THAT IS ALREADY THERE.
AND UNLIKE A LOT OF OUR HOME DEVELOPMENTS IN THE ROWLETT, I THINK OVERALL, AS IT IS RIGHT NOW, THIS LOOKED PRETTY GOOD,
[00:45:02]
BECAUSE IT IS SORT OF SAT DOWN IN A BERM, THERE HAS BEEN A LOT OF DIRT REMOVED, SET THE CHURCH DOWN AROUND, LOW. YEAH. I THINK IT LOOKS PRETTY NICE. THE THING IS IT IS JUST SORT OF ODD LOOKING , THAT BIG FIELD BETWEEN THE BACK OF THE CHURCH AND THE WEST SIDE AND THE NEXT GROUP OF HOMES, BUT THAT IS THEIR LAND AND IT IS LOW GRASS. I THINK OVERALL, I'M THINKING IF THEY COME UP LIKE PROGRAM, 2022, WAS IT? SOMETHING LIKE THAT, AND GET THAT DETAIL WORKED OUT WITH THE CITY, I THINK THAT WOULD BE -- DIVERSITY, AND I THINK IT WOULD BE AN ACCEPTABLE SOLUTION.BECAUSE RIGHT NOW, THEY ARE NOT GOING TO BE ANYWHERE CARE OF WHAT YOU'RE THE HOUSE, THE OLD GROWTH TREES.
>> ALL RIGHT, ANY OTHER COMMENTS?
>> THAT IS IT FOR ME, THANK YOU.
>> US, IS IT THAT WE ARE VOTING JUST ON ONE VARIANCE APPROVAL OR IS IT SIX ITEMS , VOTING FOR EACH ONE? SORRY.
>> THANK YOU. YOU CAN MAKE ANY MODIFICATIONS YOU CAN GRANT ONE VARIANCE THEY ARE REQUESTING, DENY ANOTHER ONE THEY ARE
REQUESTING, MODIFY ANOTHER ONE. >>
>> ALL RIGHT, THANK YOU. AT THIS TIME, WE NEED TO OPEN UP THE SESSION FOR PUBLIC COMMENT. SO, IF ANYONE WOULD LIKE TO SPEAK , DO WE HAVE ANY FORMS? WOULD ANYONE IN THE AUDIENCE LIKE TO SPEAK ON BEHALF OF THIS? OKAY, WE WILL NEED YOU TO COME APPROACH THE PODIUM, PROVIDE YOUR NAME AND ADDRESS, AND WOULD YOU REQUEST THAT THE SPEAKING IS KEPT TO A MAXIMUM
OF THREE MINUTES. >> MY NAME IS AM AT 8405 COMMODORE DRIVE . AND MY HOUSE BACKS UP TO THE CHURCH OR THE NEW CHURCH. AND IT WASN'T REAL CLEAR ON THE PLAN WHAT HE WAS DOING ON THE SOUTH SIDE. THERE ARE A LOT OF NATIVE TREES THERE. THAT CURRENTLY BLOCK THE CHURCH FROM MY VIEW. I CAN'T TELL IF HE IS GOING TO TAKE THOSE OUT OR ADD MORE OR WHAT YOU ALL WANT DONE , OR WHAT IS THE CITY CODE.
BECAUSE I REALLY DON'T WANT TO BE LOOKING AT A DUMPSTER. AND IF IT IS A NATURAL SCREEN, THEN IN THE WINTERTIME, IF IT IS DECIDUOUS, I GET TO LOOK AT THE DUMPSTER. SO, JUST MY TAKE.
>> ANYTHING ELSE? OKAY, THANK YOU. QUESTION, THE NOTCH WERE ALL THE NATURAL TREES ARE, IS THAT CHURCH PROPERTY? OKAY, GOOD, SO THEY HAVE CONTROL OVER THAT.
>> AND THOSE TREES ARE REMAINING.
>> A VERY GOOD. ALL RIGHT. AT THIS TIME -- OKAY, AT THIS TIME, DOES ANYONE ON THE BOARD WANT TO MAKE A MOTION? SORRY, WE NEED TO CLOSE THE PUBLIC HEARING. AND AT THIS TIME, I ASKED IF ANYONE ON THE BOARD WOULD LIKE TO MAKE A MOTION? NO, ONE MORE. WE ARE REOPENING THE PUBLIC HEARING.
>> YES, GOOD EVENING, ANTHONY ABERNATHY, I'M A 3817 INAUDIBLE ] , I LIVE MOVED OVER THERE, I GUESS IT WASN'T TOO CLEAR TO US. OF COURSE, THEY WERE TRYING TO SEE OTHER LOTS, AND THEY MENTIONED ABOUT, THEY SAID POSSIBLY A CHURCH, BUT NOW I AM HEARING THAT LAND THAT IS RIGHT BEHIND THE SORT OF CHURCH, IF I AM HEARING CORRECTLY, IT MENTIONED ABOUT FUTURE PLANS TO THAT, I AM TRYING TO SEE AS FAR AS UNDERSTANDING, SO, IN ADDITION
TO THE CHURCH? >> WE PRESERVED THAT LAND, WE DIDN'T SELL THAT THEY CAN.
[00:50:13]
>> OKAY, BECAUSE RIGHT NOW, MY KIDS CATCH THE BUS AT CORNERSTONE AND DALROCK , AND IN THE MORNING TIME, EARLY MORNING, I GUESS CONSTRUCTION IN THE EARLY MORNING, I AM TALKING RIGHT DOWN TO G ISD, TO MOVE THAT BUS STOP, BECAUSE THEY ARE THERE AT 6:00 IN THE MORNING AND IT IS REALLY A HAZARD, YOU KNOW, IT IS DANGEROUS FOR OUR KIDS THERE .
ALSO SEVERAL TIMES, THE BUS HAD ITS FLAGS OUT AND STOP SIGNS OUT AND CARS ARE STILL GOING THROUGH THERE. 6:00 IN THE MORNING, YOU KNOW, IT IS STILL DARK OUT THERE, SO THERE ARE ABOUT FIVE FAMILIES THAT OUR KIDS GO TO SCHOOL, WE ARE THERE AT THAT STOP SIGN, SITTING OUT THERE WITH OUR KIDS, THEY HAVE OF COURSE CONSTRUCTION. THERE IS CONSTRUCTION GOING ON. SO, I'M JUST TRYING TO SAY MORE OF THIS -- I'M JUST THINKING ABOUT THE NEXT PHASE THAT IT IS GOING INTO.
>> I DON'T THINK I'M GOING TO BE AROUND WHEN THEY DO THAT.
UNLESS SOMETHING MIRACULOUS HAPPENS.
IT A SAFE PICK UP IN OUR PARKING LOT.
>> YEAH. REGARDING TRANSPORTATION RIGHT NOW, TRYING TO ADDRESS THAT ISSUE AND MOVE THAT BUS STOP.
>> YEAH, THANK YOU. ANY OTHER PUBLIC COMMENTS? WE GOOD? ALL RIGHT, WE WILL CLOSE THE PUBLIC HEARING. AT THIS TIME, WE ASK THE BOARD, DOES ANYONE HAVE DESIRE TO PROVIDE A MOTION ON
THIS ACTION? >> I PROPOSE THAT WE DENY THE CURRENT APPLICATION TO ALLOW THE CHURCH TO COME UP WITH A MORE DETAILED PLAN AND PROPOSAL . OKAY, DO WE HAVE A SECOND OR
A MODIFICATION? >> I WILL SECOND.
>> ALL RIGHT. AT THIS TIME, WE WILL TAKE A BOAT.
>> ARE YOU ABLE TO MOTION AUTOMATICALLY FROM YOUR COMPUTERS? CHAIRMAN, I BELIEVE YOU HAVE TO ALLOW THEM TO
MOTION. >> I DON'T KNOW HOW TO DO
>> ALL RIGHT, SO AT THIS TIME, WE WILL VOTE ON THE MOTION.
>> KNOW. IT AUTOMATICALLY SAYS THAT IN A MINUTE, IT WILL HIGHLIGHT THAT. THE MOTION TO DENY THE ITEM.
>> SO, TO CLARIFY FOR THE BOAT, WE ARE VOTING TO DENY THE REQUEST TO GIVE THEM OPPORTUNITY TO COME BACK WITH
LET'S VOTE. >> SO A GUESS IS A NO?
>> THAT IS CORRECT. >> YES DENIES. ALL RIGHT, THE MOTION PASSES. SO, AT THIS TIME, THE MOTION IS TO HAVE YOU GO BACK AND MODIFY YOUR REQUEST AND COME BACK. OKAY? AT THIS TIME, WE WILL MOVE ON TO ITEM 3-D . WE WILL OPEN UP THIS SECTION, BUT I DO WANT TO ADVISE EVERYONE, WE ARE GOING TO POSTPONE A DECISION OR ANY ACTION ON THIS ITEM, BUT WE ARE GOING TO OPEN THIS UP, SO WE CAN TAKE PUBLIC HEARING, PUBLIC COMMENTS ON THIS. SO AT THIS TIME, WE WILL OPEN UP ITEM 3-D TO CONDUCT A PUBLIC HEARING AND TAKE ACTION ON A VARIANCE REQUEST BY PROPERTY OWNER DAVID K. ALLEN TO REDUCE SIDE SETBACKS AND TO INCREASE THE MAXIMUM LOT COVERAGE ON THE PROPERTY IS ZONED PLANNED DEVELOPMENT SF-V2 . THE APPROXIMATELY .30 ACRE LOT IS LOCATED AT 3309 SEA BREEZE
[00:55:07]
LANE, IDENTIFIED AS LOT 20, BLOCK C OF PENINSULA 7 IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. AT THIS TIME, WE WOULD LIKE TO OPEN UP FOR PUBLIC COMMENT ON THIS ITEM. IS THERE ANYONE -- YES, OPENING THE PUBLIC HEARING FOR PUBLIC COMMENT, WOULD ANYONE LIKE TO MAKE A PUBLIC COMMENT ON THIS>> I WAS JUST INFORMED THAT HE LEFT.
>> OKAY, ANY ADDITIONAL COMMENTS? NO? ALL RIGHT. YEAH, AT THIS TIME, WE WILL CLOSE PUBLIC COMMENT. NO?
>> PUBLIC HEARING WILL BE LEFT OPEN, BUT WE WILL CONTINUE THIS ITEM INTO OUR NEXT BOARD MEETING ON FEBRUARY 12TH. ALL RIGHT? AT THIS TIME, WE MOVE ON TO ITEM 3F, CONDUCT A PUBLIC HEARING AND TAKE A ACTION ON THE REQUEST SUBMITTED BY KEVIN TAYLOR TO CONSTRUCT A COVERED PATIO AND BALCONY THAT EXTENDS BEYOND THE ALLOWED REAR SETBACK OF HIS PROPERTY. THE SUBJECT PROPERTY IS ZONED AS A PLANNED DEVELOPMENT PD DISTRICT, ENCOMPASSING APPROXIMATELY 0.229 ACRES, AND IS LOCATED WITHIN THE LINCOLNSHIRE COURT CUL-DE-SAC. ADDRESSED AS 9918 LINCOLNSHIRE COURT AND IDENTIFIED AS LOT 11, BLOCK M OF HERITAGE ON THE LAKE, PHASE 4, IN THE CITY OF ROWLETT,
TEXAS. >> MY NAME IS LILYANA MOREJON AND I AM HERE TO PRESENT THIS ITEM TONIGHT BUT AS YOU ALL HEARD, THIS IS A PLANNED DEVELOPMENT. WE DID REVIEW THIS3 ROWLETT DEVELOPMENT CODE. THE LOT IS APPROXIMATELY .3 ACRES , AND SOME EXISTING CONDITIONS OF THE SITE RIGHT NOW ARE THAT YOU HAVE ONE PRIMARY BUILDING, WHICH IS A TWO STORY, YOU HAVE A SUNROOM, WHICH IS PROPOSED TO BE REMOVED, A GARAGE, A PORCH, A PATIO, TWO DIFFERENT CONCRETE PADS ON EACH SIDE OF THE HOME, ONE PLANNED TO BE REMOVED, AND A PAVED CONCRETE DRIVEWAY, SO THAT IS EXISTING ON THE PROPERTY TODAY. THE VARIANCE REQUEST TODAY IS FOR A REDUCTION ON THE REAR SETBACK OF WHAT THE 1983 CODE CALLS FOR AT LEAST 20 FEET OR 20% OF THE LOT DEPTH. IN THIS INSTANCE, WE DO CONSIDER THE EXTENSION OF THE PATIO -- OF THE CURRENT PATIO THAT HE IS REQUESTING TO EXTEND BEYOND THAT SETBACK TO BE PART OF THAT PRIMARY STRUCTURE, SINCE IT IS ATTACHED. SO AGAIN, THE REQUEST FROM THE APPLICANT IS TO CONSTRUCT A COVERED PATIO AND BALCONY THAT WOULD EXTEND BEYOND THE SETBACK , THE REAR SETBACK, 15 FEET, SO LEAVING ABOUT FIVE FEET OF SETBACK LEFT, IF THAT MAKES SENSE. HE DID NOT ASK FOR A VARIANCE PERTAINING TO LOT COVERAGE, BUT WE SENSE HE IS EXTENDING THAT PATIO OVER -- THE CONCRETE , AND THE COVERED PATIO OVER 1200 SQUARE FEET, WE DID HAVE TO REVIEW TO CONFIRM THAT HE IS MEETING THAT ALLOWABLE 45% MAXIMUM LOT COVERAGE, AND BASED ON WHAT YOU SEE IN MY PRESENTATION TONIGHT AND THE STAFF REPORT, HE IS WELL BELOW THAT PERCENTAGE. AS YOU CAN ALL RECALL, FROM THE PRESENTATION, AND AGAIN, WHAT WE CALL FOR A VARIANCE, AND IN THIS CASE, A VARIANCE IS GRANTED IN SUCH UNIQUE CIRCUMSTANCES, TO PROVIDE REGULATIONS, AND OTHER SIMILAR REQUIREMENTS, IN THIS CASE, HE IS ASKING FOR THAT RELIEF, BECAUSE HE WANTS TO PROVIDE MORE SHADING AND PATIO FOR HIS FAMILY GATHERINGS. THE VARIANCE IS INTENDED TO PROVIDE LIMITED RELIEF FROM THE ROWLETT DEVELOPMENT CODE ON STRICT APPLICATIONS, THE CODE WOULD CREATE UNNECESSARY HARDSHIP, PREVENTING THE PROPERTY FROM BEING USED AS ALLOWED. WE DID SEND OUT NOTICES JANUARY 8TH, AND WE ONLY RECEIVED ONE IN FAVOR WITHIN THE 200 FOOT NOTICE OF THAT LEGAL NOTICE THAT WE SENT OUT, AND ZERO IN OPPOSITION AND ZERO IN FAVOR WITHIN OUR 500 COURTESY NOTICE. YOU HAVE A U.S. GOVERNING BODY TODAY MAY APPROVE CONDITIONS OR DENY THIS REQUEST. AND THAT IS
THE END OF MY PRESENTATION. >> ANYONE ON THE BOARD HAVE
QUESTIONS FOR THE CITY? >> I HAVE ONE QUESTION, SO IN A
[01:00:05]
SITUATION LIKE THIS, WE RECOGNIZE OBVIOUSLY SETBACKS ARE GENERALLY IN A NEIGHBORHOOD FOR PROTECTION OF HOME TO HOME, YOU KNOW, VIEW CORRIDOR'S FOR ROADWAYS, WHATNOT, BUT IN AN INCIDENTS LIKE THIS WHERE YOU HAVE A SETBACK FROM ESSENTIALLY A TAKE LINE TO THE LAKE, IS THERE SAFETY OR BEAUTIFICATION CONCERNS THAT ARE IN PLAY WHEN A DECISION LIKE THIS IS MADE FOR PLACING A SETBACK IN THIS CONDITION?>> I BELIEVE IN THIS INSTANCE, IT IS PRIMARILY FOR THE LOT COVERAGE SITUATION, WE DO NOT ALLOW ANYTHING -- ANY TYPE OF STRUCTURE WITHIN THAT LIMITED SETBACK OF 20 FEET, THAT IS MY UNDERSTANDING ON WHY WE DO THAT, IT IS NOT NECESSARILY HOW MUCH MORE OPEN SPACE YOU HAVE BEYOND THAT, IT'S JUST WE CALL IT FROM THE PROPERTY LINE. AND THEN 20 FEET
>> SO, REALLY TRYING TO MANAGE THE LOT COVERAGE BASICALLY.
>> THANK YOU. OKAY, WE HAVE A PRESENTATION FROM THE
APPLICANT? >> I DON'T BELIEVE HE IS HERE.
>> AT THIS TIME, I WOULD LIKE TO ASK THE BOARD IF THERE IS ANYONE -- SORRY. GO AHEAD. X SO, IS THE CURRENT PROPERTY
OWNER LEASING THE TAKE LINE? >>
>> OKAY, THANK YOU. >> ALL RIGHT. ANY OTHER QUESTIONS? OH, ALL RIGHT. AT THIS TIME, WE ASK ANY BOARD MEMBERS THAT WOULD LIKE TO MAKE A MOTION? OH. CLOSE THE PUBLIC HEARING. NOW, DOES THE BOARD LIKE TO MAKE A MOTION TO TAKE
ACTION ON THIS ITEM? >> I MOVE THAT WE APPROVE.
>> OKAY, DO WE HAVE A SECOND? OKAY. SO, KEN ROMAINE SECONDS.
ALL RIGHT, AT THIS TIME, WE SHALL VOTE ON THE MOTION. ALL RIGHT, THE MOTION PASSES. VERY GOOD. WELL, THAT CONCLUDES OUR ACTION -- INDIVIDUAL CONSIDERATION ITEMS FOR THE MEETING. WE WILL MOVE ON TO ITEM 4, THE CONSENT AGENDA.
ITEM FOUR A IS CONSIDER THE APPROVAL OF MINUTES FROM THE BOARD OF ADJUSTMENTS MEETING ON NOVEMBER 13TH, 2024. DO I HAVE A MOTION FOR APPROVAL OF THE MINUTES? OKAY, DO WE HAVE A SECOND? SECOND ? VERY GOOD. ALL RIGHT. SO, AT THIS TIME, WE WILL VOTE ON THE MOTION TO ACCEPT THE MINUTES. VERY GOOD.
THE MOTION PASSES. THAT IS THE END OF OUR ACTION ITEMS TODAY, SO WE WILL MOVE ON TO ITEM NU
* This transcript was compiled from uncorrected Closed Captioning.