[5A. Conduct a public hearing and make a recommendation to City Council on a request by Roberto Nuñes, on behalf of property owner 1800 Dalrock LLC, regarding a Special Use Permit to allow for a smoke shop on a property classified as Planned Development with a General Commercial/Retail (C-2) base zoning. The subject property is situated at 1800 Dalrock Road, Suite #400, in the City of Rowlett, Rockwall County, Texas.]

6-1. LIVING ON TO THE NEXT ITEM, INDIVIDUAL CONSIDERATION, PUBLIC HEARING COMMENTS MAY BE MADE IN PERSON AND WILL BE LIMITED TO THREE MINUTES. REGISTRATION FORMS, LIKE WE SAID, ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. FIRST ITEM ON THE LIST IS CONDUCTED PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST BY ROBERTA NUNEZ, ON BEHALF OF PROPERTY OWNER 1800 $1800 ROCK LLC, REGARDING A SPECIAL USE PERMIT TO ALLOW FOR A SMOKE SHOP ON A PROPERTY CLASSIFIED AS PLANNED DEVELOPMENT WITH A GENERAL COMMERCIAL/RETAIL C2-BASED ZONING. THE SUBJECT PROPERTY SITUATED AT 1800 DALROCK RD SUITE 400 IN THE CITY OF ROWLETT, ROCKWALL COUNTY, TEXAS.

>> GOOD EVENING, COMMISSIONERS, AND APPEARED TO PRESENT THIS ITEM TONIGHT. AS YOU HAVE HEARD, THE SUBJECT IN QUESTION IS LOCATED WITHIN A PLANNED DEVELOPMENT WITH A C-2 BASED ZONING. IT IS LOCATED AT 1800 DALROCK RD , SUITE 400. JUST A QUICK BACKGROUND ON THIS, THE REQUEST TONIGHT IS TO OPERATE A CONVENIENCE SMOKE SHOP AT AN ALREADY ESTABLISHED BUILDING .

ON AUGUST 16, 2022, THE CITY COUNCIL DID APPROVE AN ORDINANCE REQUIRING THE APPROVAL FOR AN SUP FOR ANY BUSINESSES SELLING ANY TYPE OF ELECTRONIC CIGARETTES, PAPER PRODUCTS, AND CBD RELATED PRODUCTS. THE INTENT BEHIND THIS WAS TO CREATE MORE OF AN OVERSIGHT ON THIS TYPE OF USE , JUST TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF OUR COMMUNITY. CURRENTLY, KNOWN IN THE CITY OF ROWLETT, WE HAVE ABOUT 12 VAPE SHOPS AND CBD STORES. THE APPLICANT 'S SITE IS WITHIN ABOUT 2.5 MILES SOUTH OF WHERE MOST OF OUR -- WHERE WE CAN FIND MOST OF THESE VAPE SHOPS IN ROWLETT. AGAIN, THIS IS A PROPOSED GENERAL RETAIL USE , OCCUPYING ABOUT 1000 FT.÷ MEETING THE APPLICANT IS ONLY GOING TO BE REQUIRED TO HAVE ABOUT FIVE PARKING SPACES . HE DID ALSO PROVIDE A BREAKDOWN OF THE PRODUCTS THAT HE WILL BE SELLING, WHICH CONSISTS OF 25% E-CIGARETTES , TOBACCO AND CIGARS ABOUT 10% AM A 45% CBD PRODUCT, NOVELTY ITEMS CONSISTENT ABOUT 10% AM A AND MISCELLANEOUS PRODUCTS 10%. HE

[00:35:04]

DOES PLAN TO OPERATE HIS BUSINESS DAILY FROM 9:00 TO 10:00 P.M. WHEN CONSIDERING APPROVAL OF THIS TYPE OF USE , WE ARE ALWAYS LOOKING IS IS COMPLIES WITH THE CONFIDENCE OF PLAN AND THE DISTRICT THAT IT LIVES IN, AND WE DO SEE THAT THE COMPREHENSIVE PLAN CALLS FOR THIS AREA MORE OF A MIXED-USE WHICH DOES ALLOW FOR RETAIL , AND SELLING PRODUCTS , SAME WITH THE PLANNED DEVELOPMENT WHICH HAS A BASE ZONING OF C-2 AGAIN ALIGNING WITH THE RETAIL SALE USES. WE ARE LOOKING AT ADDRESSING THE CONDITIONS OF THIS TREND PROPOSED , THE APPLICANT IS AGAIN SELLING THIS GOODS AND SERVICES, BUT IT DOESN'T SPECIFICALLY ADDRESS THESE TRENDS AND CONDITIONS.

WHEN IT COMES TO LOOKING AT THE HEALTH , SAFETY, MORALS, AND GENERAL WELFARE OF THIS TYPE OF USE IS WHEN THIS ORDINANCE REALLY APPLIES WHEN THE CITY COUNCIL HAS THAT OVERSIGHT ON WHETHER THIS CREATES A NEGATIVE IMPACT FOR OUR COMMUNITY AND THE PEOPLE LIVING IN ROWLETT, AND AGAIN, IT AIMS TO PROTECT THAT GENERAL WELFARE OF THE CITY. AND THE COMMUNITY. THERE IS ALREADY UTILITIES AND ACCESS ON-SITE AS THIS IS ALREADY AN ESTABLISHED BUILDING. IT IS CONSISTENT WITH THE EXISTING PATTERNS AROUND THE AREA. AND AGAIN, IT IS A USE THAT IS ALLOWED WITHIN THAT PLANT DEVELOPMENT WITH THE BASE ZONING OF C-2. WE DID SEND OUT NOTICES ON MARCH 13, AND WE RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION WITHIN OUR 200 AND 500 FEET NOTICES. BUT WE DID GET A LOT -- ABOUT NINE CITIZENS' INPUTS TODAY , OPPOSING THE PROJECT, JUST WITH THE GENERAL CONCERN OF HAVING ALREADY ENOUGH VAPE SHOPS AND CBD STORES AROUND ROWLETT, AND JUST IN GENERAL, WHAT THE COMMITTEE WANTS TO SEE IN THE AREA IS NOT CONSISTENT WITH WHAT THE APPLICANT IS PROPOSING. AGAIN, THE RECOMMENDED BODY HAVE THE PREROGATIVE TO APPROVE WITH CONDITIONS OR DENY THIS ITEM. AND THAT IS THE END OF MY

PRESENTATION. >> THANK YOU. IS THE APPLICANT

HERE? >> YES. COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR STAFF AT THIS TIME?

>> I DO. >> MR. POLLARD.

>> TO STAFF, HOW MANY VAPE SHOPS DID YOU SAY ALREADY IN THE CITY?

>> THAT WE KNOW OF , 12. THAT WE KNOW OF.

>> AND ON PAGE THREE AT THE BOTTOM HERE UNDER SITE DATA, YOU MENTIONED THAT THERE WAS UTILIZING 37 PARKING SPACES , AMPLE PARKING FOR THE PROPOSED CONVENIENCE/SMOKE SHOP.

>> YES, CORRECT. >> THEY ARE ONLY REQUIRED TO

HAVE SO MANY SPACES? >> FIVE SPACES BECAUSE THE APPLICANT IS ONLY UTILIZING 1000 FT.÷ OFF OF THE 3600 3600 FT.÷

AVAILABLE. >> I WAS BY THERE SATURDAY MORNING AND YOU COULD HARDLY FIND A PLACE TO PARK EXCEPT IN

THE BACK. >> BUSINESS CONDUCTING FROM THE SAME BUILDING, SO IT MIGHT BE THAT SATURDAY MORNING IS ONE OF THEIR PRIME TIMES , WHEN MAIN TRAFFIC IS EXISTING AROUND THE AREA AND ON SITE, BUT AS FAR AS WHEN WE ARE LOOKING AT THE PLANNED DEVELOPMENT IT DOES HAVE ENOUGH PARKING FOR THE USES THAT ARE THERE NOW , AND WHAT THE APPLICANT IS PROPOSING.

>> THANK YOU. COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, THANK YOU. WE WILL GO AHEAD AND HAVE THE APPLICANT.

>> GOOD EVENING, COMMISSIONERS, THANK YOU FOR MEETING ME HERE, THANK YOU FOR YOUR TIME HERE TONIGHT. MY NAME IS ROBERT NUNEZ, AND I AM WITH THE ALCHEMY DEVELOPMENT PARTNERS. I

[00:40:01]

REPRESENT THE OWNER OF THE BUSINESS . HE IS BRINGING IN A NEW SUITE . HE'S ONLY TAKING OVER 1000 FT.÷ OF THE ENTIRE SHOPPING CENTER , SO AT THIS SUITE, THE PROPERTY OWNER TELLS THE BUSINESS OWNER AND THE BROKER THAT THERE WAS A PREVIOUS SMOKE SHOP THERE, AND THAT IS THE REASON WHY OUR CLIENT DECIDED TO BRING IN THE NEW BUSINESS. IN ADDITION TO THAT, ONE OF THE THINGS THAT HE HEARD A LOT FROM THE PROPERTY OWNER IS THE PEOPLE NEXT DOOR, THEY COME -- I DON'T KNOW IF YOU GUYS NOTICED, THERE'S A COUPLE OF CONVENIENCE STORES NEXT DOOR TO THE SHOPPING CENTER. THIS TYPE OF BUSINESS IS SOMETHING REQUESTED A LOT, AND OBVIOUSLY THIS IS WHERE PEOPLE COME FROM, CONVENIENCE STORES, BUT BECAUSE OF THIS TYPE OF USE, MOST CITIES NOW WANT TO REGULATE EVERYTHING SPECIFICALLY. OBVIOUSLY NOW WHEN YOU HAVE TO GET AN SUP, THEY IMPOSE CERTAIN THINGS, REGULATIONS, EVEN PRIVACY ITEMS SO THAT WAY YOU DON'T HAVE ANY ISSUES WITH ILLEGAL THINGS GOING ON, RIGHT? THAT'S ONE OF THE THINGS HE'S BRINGING IN. HAS AN ACTUAL SMOKE SHOP IN PLANO, AND HE HAS OPERATED WITH NO ISSUES WHATSOEVER. HE DOES NOT HAVE ANY ISSUES WITH THE CITY OR ANYTHING LIKE THAT BECAUSE HE KNOWS HOW TO HANDLE THAT. HE HAS PLENTY OF EMPLOYEES. THAT WAY, ANY KIND OF NEGATIVE IMPACT HE TENDS TO HANDLE IT IN HOUSE, HAVE CONVERSATIONS, OR HE IS CONNECTED WITH MOST MUNICIPALITY POLICE DEPARTMENTS SO THAT WAY ANY KIND OF ISSUES GET RESOLVED PRETTY EASILY. ANOTHER THING IN THIS LEASE IS THAT HE CAN'T SELL ILLEGAL ITEMS LIKE BONGS OR PIPES OR THINGS LIKE THAT.

BECAUSE NOT ONLY IS IT SOMETHING HE DOES NOT WANT TO SELL , IT IS PART OF HIS LEASE. HE CAN'T SELL THESE ITEMS BECAUSE, YOU KNOW, HE WILL GET KICKED OUT. RIGHT? ANOTHER THING IS HE'S VERY OPEN AND TRANSPARENT ABOUT WHAT HE IS SELLING. ONE OF THE THINGS, I DON'T KNOW IF YOU GUYS WERE ABLE TO GET THE PRESENTATION BUT I WILL SHOW YOU A COUPLE OF THINGS HERE.

>> I THINK IF YOU'RE PASSING SOMETHING AROUND YOU HAVE TO HAVE A COPY FOR EACH INDIVIDUAL MEMBER. I DON'T KNOW IF WE CAN

DO THAT. I DON'T BELIEVE SO. >> FAITH ITEMS AND CBD , FLAVOR THINGS THAT PEOPLE VAPE WITH AND THINGS LIKE THAT. I'M SORRY, I NEEDED TO CHANGE THE FORMAT FROM PDF TO POWERPOINT, AND I DID NOT GET IT IN TIME TO HER, BUT YOU WILL GET THAT AFTER TODAY, I'M ASSUMING. NONETHELESS, THE POINT IS, HE'S VERY TRANSPARENT TO THE POINT WHERE BASICALLY IF YOU GUYS WANT TO INSPECT THE PROPERTY, HOWEVER OFTEN YOU WHAT TO EXPECT THE PROPERTY, HE'S OPEN TO THAT AS WELL. HE RUNS A LEGITIMATE BUSINESS. NOT ONLY IN PLANO BUT NOW HERE DALLAS AS WELL. HE HAS PLENTY OF EXPERIENCE WITH THIS TYPE OF BUSINESS. HE WANTS TO IMPACT THE COMMUNITY IN A POSITIVE WAY OBVIOUSLY IF HE IS BRINGING IN A NEGATIVE IMPACT, HE'S NOT GOING TO BE SUCCESSFUL. THE BUSINESS IS JUST NOT GOING TO BE SUCCESSFUL, RIGHT? AND SO ONE OF THE THINGS GOING BACK TO THE CONVERSATION THAT I WAS JUST HAVING ABOUT THE MULTIPLE EMPLOYEES, THAT TYPICALLY TENDS TO -- BECAUSE IF YOU HAVE JUST ONE EMPLOYEE ON SITE, THEN YOU HAVE SOMEBODY ELSE DOING SOMETHING ELSE OVER HERE AND YOU HAVE SOMEBODY ELSE DOING SOMETHING ELSE, IF YOU HAVE MULTIPLE EMPLOYEES, YOU ALWAYS HAVE AN EYE OUT FOR ANYTHING NEGATIVE OR ILLEGAL THAT MAY BE HAPPENING. AND THEN ONE LAST THING IS THERE IS A LOT OF SMOKE SHOPS WITHIN PROBABLY ABOUT 3 MILES NORTH OF THIS PROPERTY, BUT 8 MILES IN EACH DIRECTION EAST AND WEST, THERE IS NOTHING. AND SO THAT'S ANOTHER REASON WHY BECAUSE A LOT OF THOSE CUSTOMERS THAT ARE COMING TO THOSE CONVENIENCE STORES ARE ASKING FOR THIS STUFF, AND THEY CAN'T GET IT BECAUSE IT IS FARTHER AWAY TO THEM, AND SO LIKE I SAID, WE ARE VERY TRANSPARENT ABOUT ANY KIND OF INSPECTION OR ANY TYPE OF WAY BECAUSE HE'S PLANNING ON SELLING ANYTHING FEDERAL, STATE , AND CITY REGULATED ITEMS ONLY.

I'M HERE FOR ANY QUESTIONS YOU MAY HAVE. I WILL BE HAPPY TO

ANSWER THEM. >> COMMISSIONERS? QUESTIONS FOR THE APPLICANT? MISS WILLIAMS? OH, YOU DIDN'T? YOU HAVE NO

[00:45:03]

QUESTIONS? MR. HERNANDEZ, MY PRIMARY QUESTION WITH THE CONSIDERATION OF WHAT THE STATE HAS BEEN PROPOSING WITH REGARD TO THC AND SOME CBD STUFF, WITH THIS BUSINESS -- WITH THE OPERATOR BE WILLING TO ESSENTIALLY RUN THE BUSINESS

WITHOUT THE CBD PORTION? >> WELL, I DO BELIEVE SO BECAUSE ONE OF THE THINGS HE TALKED TO ME ABOUT ACTUALLY RECENTLY WAS THAT HIS PRIMARY SALES ARE THE SHOP ITEMS. RIGHT? SO, THAT COULD BE A CONDITION AS PART OF APPROVAL . ONE OF THE THINGS I WILL SAY IS AS LONG AS IT'S AN ACTUAL LEGAL ITEM PER THE STATE , I KNOW THAT THINGS COULD CHANGE TOMORROW, BUT CURRENTLY, AS A STATE, WE HAVE SPECIFIC REGULATIONS WHEN IT COMES TO CBD. SO, HE'S GOING TO FOLLOW THOSE . HE'S NOT GOING TO FOLLOW ANYTHING OUTSIDE OF THAT. AND YOU KNOW WHAT, MOST OF HIS ITEMS -- NOT MOST, BUT HIS ITEMS COME FROM REPUTABLE SELLERS, PEOPLE WHO ACTUALLY ARE CONNECTED TO THE ACTUAL STATE REGULATORS AND FOLLOW THAT. THEY CAN'T SELL ITEMS. I KNOW A LOT OF THE MERCHANDISING, IN SOME CASES IT KIND OF GETS HIDDEN AND SOME PEOPLE TRY TO SELL THINGS THAT THEY CLAIM ABOUT CERTAIN THINGS, BUT THEY ARE NOT. THERE IS SOME OTHER STUFF THAT HAS THC IN THEM. BUT THAT'S ONE OF THE THINGS HE DOES CHECK BECAUSE HE KNOWS THE REALITY IS IT IS A LEGAL. THC IS ILLEGAL AS IT STANDS NOW, SO HE CAN'T SELL THAT. IF SOMEBODY IS HIDING BEHIND SOME LABEL , HE CAN'T SELL THAT BECAUSE IT IS ILLEGAL AND THEN THEY WILL TAKE HIS BUSINESS AWAY. SO YEAH.

>> OKAY. I'M JUST CURIOUS BECAUSE IF WE WERE TO SAY YES TO BE SUP THAN I'D BE A LITTLE CONCERNED IF ALL OF A SUDDEN THE BUSINESS CANNOT OPERATE BECAUSE OF THE LAW CHANGES.

>> THAT'S ANOTHER THING. YOU COULD MAKE IT TO THE POINT WHERE YOU COULD ACTUALLY ADD A CONTENTION IN THERE SAYING THAT BASED ON -- LIKE SHE WAS SAYING, THERE ARE SOME THINGS THAT ARE COMING, AND THINGS CHANGING, AND THERE ARE SOME RULES THAT ARE SLOWLY CHANGING, BUT IF YOU NEED TO BRING IT BACK, SOME CASES IN DALLAS WHAT THEY DO IS THEY JUST DO IT FOR TWO OR THREE YEARS. SO THAT WAY YOU CAN COME BACK HERE TO THIS PANEL . IF THINGS HAVE CHANGED AND NOW YOU ARE SELLING AN ILLEGAL ITEM , THEN YOU GUYS CAN DENY IT. THAT'S ONE OF THE THINGS THEY DO AS WELL.

SOMETIMES THEY WILL EVEN JUST APPROVED FOR TWO YEARS JUST TO MAKE SURE YOU COME BACK TO THIS PANEL AGAIN IN TWO YEARS.

>> MR. POLLARD? >> I AM KIND OF CONFUSED . DID I UNDERSTAND YOU JUST SAY THAT THE MAJORITY OF HIS BUSINESS WOULD

BE SELLING EDIBLE PRODUCTS? >> BAKESHOP ITEMS. BUT THAT'S WHAT I WANTED TO SHOW YOU BUT I KNOW I CAN'T SHOW YOU NOW BUT IT'S JUST BASICALLY YOU KNOW THOSE LITTLE ELECTRONIC THINGS

THAT PEOPLE USE TO SMOKE? >> IT IS VAPING ITSELF?

>> YES. >> A MEDICAL UNDER HERE BECAUSE WHAT WAS PRESENTED TO US AS E-CIGARETTES, 25%. THAT IS

VAPING. >> BUT THERE ARE OTHER THINGS

ASSOCIATED WITH THAT. >> AND THAT YOU HAVE TOBACCO AND CIGARS. CBD PRODUCTS , 45%. THAT IS ALMOST HALF THE BUSINESS.

>> YES, YOU ARE RIGHT. >> NOVELTY ITEMS AT 10% LIKE GUMMIES, OILS, CREAMS, DISPOSABLES, MISCELLANEOUS PRODUCTS, 10%. SO, WHAT I'M HEARING YOU SAY IS THAT THE VAPING PART IS THE MAJORITY, NOT THE CBD, BUT THAT IS NOT WHAT

EVIDENTLY WAS GIVEN TO US. >> I HAVE AN ANSWER FOR YOU THERE. THIS WAS ASKED TO MY CLIENT PROBABLY RIGHT AT THE BEGINNING OF THE APPLICATION PROCESS. HE JUST WASN'T SURE WHAT TO SAY SO HE JUST SAID WHAT HE SAID. BUT WE JUST HAD A CONVERSATION LITERALLY A WEEK AGO , AND HE SAID MY PRIMARY BUSINESS AT MY STORE IN PLANO IS VAPE. HE SAID AT THE END OF THE DAY, MY STORE WILL BE MERELY A VAPE SHOP. IF YOU WANT, WE CAN REVISE THIS FOR THE PURPOSE OF THIS APPLICATION AND JUST SAY PRIMARILY , BECAUSE THAT IS WHAT HE'S WANTING TO SELL PRIMARILY.

>> I AM MORE CONFUSED. BECAUSE YOU TOLD US IN THE BEGINNING THAT THIS GENTLEMAN HAS BUSINESS IN PLANO AND ELSEWHERE AND HAS MANY , AND HE KNOWS HIS PRODUCTS , BUT THEN HE GIVES US THIS AND

[00:50:02]

NOW WE ARE SAYING WELL, HE DID NOT UNDERSTAND OR DID NOT KNOW .

I'M KIND OF CONFUSED. HE EITHER KNOWS WHAT HIS PRODUCT IS, OR HE DOESN'T. E-CIGARETTES, 25%, IS NOT ANYWHERE CLOSE TO HALF HIS

BUSINESS. >> SO TYPICALLY WHENEVER I MAKE AN APPLICATION , THE CITY SPEAKS TO ME DIRECTLY, AND IN THIS CASE SOMEHOW A CONVERSATION BEGAN WITH THE CLIENT. THAT'S NOT TO SAY HE DOES NOT KNOW. HE KNOWS HOW TO RUN A BUSINESS. HE DOES NOT KNOW HOW TO ANSWER TO THE CITY. YOU HAVE TO REMEMBER POINT CITY LANGUAGE COMPARED TO WHAT HE DEALS WITH ON A DAILY BASIS IS NOT THE SAME THING. THAT'S WHY HE HIRES ME TO DO IT. THAT WAS A DISCONNECT AND THAT'S WHAT I'M SAYING. WE CAN REVISE TO MEET CERTAIN THINGS. NOW AS WE'RE SPEAKING. IT'S VERY SIMPLE. EVERYTHING THAT IS PROPOSING TO SELL IS AN ACTUAL LEGAL ITEM TO SELL, FEDERAL AND STATE REGULATION. AND HE CAN'T, BY THE WAY. EVEN IF HE WERE THINKING ABOUT COULD HE? HOW COME HE CAN POINT NOT ONLY BECAUSE IT'S THE LAW, IT'S BECAUSE HE WOULD GET KICKED OUT OF THIS PLACE. THE LANDLORD WOULD. SO THAT'S THE REASON WHY HE HAS TO FOLLOW. BUT LIKE I SAID, HIS PRIMARY SALES ARE VAPES. IF WE NEED TO REVISE IT, WE CAN REVISE IT. IT'S NOT A BIG DEAL.

>> JUST A POINT OF CLARIFICATION. WHEN YOU SAY VAPES, YOU ARE TALKING E-CIGARETTES.

>> YES. AND THE ITEMS THAT COME WITH IT COME ALIKE THE CARTRIDGES AND THE FLAVORED THINGS THAT COME WITH ALL THAT,

ASSOCIATED WITH IT. >> ARE THERE NOT CBD PRODUCTS IN

VAPES? >> THERE ARE SOME AS WELL, YES.

>> I WILL DEFER. >> MISS WILSON?

>> THE ONLY CONCERN I HAVE IS WHEN YOU MENTION PRODUCTS, YOU SAID YOU WILL MAKE IT I GUESS LISTED LIKE HOW WE ARE REQUIRING IT. IS THERE A LIST OF THE PRODUCTS HE SELLS? LIKE A SPECIFIC ITEM IN HIS PLANO STORE AND OTHER STORES THAT HE HAS

RIGHT NOW? >> WE CAN GET THAT INFORMATION TO YOU GUYS. WE DON'T HAVE IT NOW BUT WE CAN DEFINITELY GET IT

FOR YOU. >> SO, THE LIST THAT YOU HAVE

WITH YOU TONIGHT -- >> NO, THESE ARE JUST GENERIC

ITEMS. >> OKAY, SO IT'S JUST GENERIC, THOSE TYPES OF STORES, WHAT THEY SAID.

>> THERE ARE SO MANY BRANDS OF THE SAME THING. I JUST GOT ONE.

LET'S SEE. FOUR BRANDS OF BASICALLY THE SAME THING, AND SOME ITEMS ARE JUST STRAIGHT SMOKING LIKE A REGULAR CIGARETTE SMOKE TYPE OF THING, AND SOME ITEMS ARE JUST FLAVORED SMOKE, SOME ITEMS HAVE CBD IN THEM, BUT THERE ARE SO MANY BRANDS OUT THERE. IF YOU LOOK AT THE FOUR FINE -- A FOUR PLAN WE HAVE PROVIDED, WE BASICALLY JUST HAVE SHELVES ALL AROUND. THAT'S ANOTHER THING I FORGOT TO SAY IS THAT PART OF THE APPLICATION IS THE IMPROVEMENT PROVIDED BASICALLY. HE'S GOING TO COME IN AND REMODEL THE ENTIRE SPACE AND MAKE IT UP TO CODE NOW. THE RESTROOM, A.D.A. COMPLIANT . LIGHTING NOT AS REQUIRED BUT AS HE KNOWS WHAT IS BEST FOR HIS BUSINESS. CAMERAS, THINGS LIKE

THAT. >> I WAS GOING TO ASK THE QUESTION, THAT WAS MY SECOND QUESTION. AS FAR AS SECURITY, IS THERE ONE PERSON THAT REMAINS IN THE STAR TREK TODAY?

>> YOU WILL HAVE TWO PEOPLE OPERATING AT ALL TIMES. EVEN THIS IS A SMALL SPACE, IT SAYS 1000 FT.÷ BUT IN REALITY THE SPACE IS LESS THAN THAT. IT IS PROBABLY MORE LIKE 950 FT.÷. AND HE WILL HAVE TWO PEOPLE THERE AT ALL TIMES BECAUSE ONE PERSON HAS TO BE TALKING TO CUSTOMERS, THE OTHER PERSON HAS TO BE EITHER HANDLING ANY TYPE OF ACCOUNTING OR ANY TYPE OF OTHER THINGS BUT IT'S AN OPEN SPACE. THEY DON'T HAVE A CLOSED OFFICE WERE SOME

PIECES GOING TO BE HIDING THERE. >> ARE YOU SPEAKING LIKE 24 HOUR

SURVEILLANCE TYPE? >> 24 HOUR SURVEILLANCE YES, BUT THEY WON'T OPERATE 24 HOURS. IT IS 9:00 TO 10:00.

>> I JUST HEARD YOU TALK QUITE A FEW TIMES ABOUT NEEDING EXTRA STAFF AND SECURITY FOR ISSUES THAT COME UP. ARE YOU SAYING THIS PARTICULAR BUSINESS IS AN INDUCEMENT TO CRIME? IF YOU HAD A NORMAL SMOKE SHOP WOULD YOU HAVE THE SAME TYPE OF MENTIONED

[00:55:01]

ISSUE SEVERAL TIMES? >> HER EXPERIENCE IS THAT THERE IS SOME CRIME ASSOCIATED WITH IT , BUT I MEAN CONVENIENCE STORE BUSINESSES, THERE IS. IT'S JUST THE REALITY. I HAVE A CLIENT IN DALLAS , HE HAD JUST A CONVENIENCE STORE, AND THAT WAS HIS FIRST CONVENIENCE STORE AND HE JUST DID NOT KNOW HOW TO HANDLE CERTAIN THINGS. SO, HE HAD A GUY WHO IS MENTALLY ILL WHO WOULD COME IN EVERY DAY TO JUST TRASH IS STORE AND ARGUE WITH HIM AND HE WOULD CALL THE POLICE EVERY DAY. EVERY SINGLE DAY FOR AN ENTIRE WEEK HE DID THAT. WELL, YOU CAN'T DO THAT BECAUSE NOW YOU'RE BASICALLY POINTING THE FINGER AT YOUR STORE AND THE POLICE ARE SAYING NO, THERE IS CRIME AT YOUR STORE ALL THE TIME. AND IT'S A SINGLE GUY THAT'S DOING THAT. SO WHAT I RECOMMENDED TO HIM, BECAUSE HE WAS JUST GOING THROUGH AN SUP ISSUE , THE CITY ATTORNEY WAS TRYING TO TAKE THE SUP FROM HIM.

SO I SAID WELL, YOU NEED TO HAVE ONE PERSON THAT TALKS TO PEOPLE AND PEOPLE ARE ACTING LIKE THAT, YOU NEED TO HAVE SOMEONE WHO KNOWS HOW TO TALK TO PEOPLE LIKE THAT, BECAUSE IF YOU'RE GOING TO HAVE -- YOU CAN HAVE PEOPLE WHO ARE DERANGED , DESTROY YOUR STORE, RIGHT? YOU CAN JUST BEAT UP SOMEBODY. YOU CAN'T CALL THE COPS EVERY DAY EITHER BECAUSE NOW YOU ARE LITERALLY PUTTING A RED.ON YOUR STORE SAYING YEAH, THERE IS CRIME AT YOUR STORE. SO THAT'S WHAT I RECOMMENDED TO HIM. GOING BACK TO WHAT WE WERE JUST DISCUSSING HERE, THERE IS SOME, BUT IF YOU RUN A CLEAN BUSINESS, IF YOUR STORM IS A CLEAN STORE AND YOU HAVE EXPERIENCE LIKE HE DOES, THEN YOU'RE NOT GOING TO HAVE ANY NEGATIVE IMPACT BECAUSE YOU'RE GOING TO HAVE PEOPLE THAT ARE GOING TO BE ABLE TO HANDLE ANY TYPE OF ISSUES LIKE THAT.

>> OKAY, SO I HAVE HEARD YOU TALK ABOUT LIKING HAVING TWO PEOPLE THERE SO YOU CAN HAVE ONE PERSON ENGAGED AND ANOTHER PERSON MAYBE AT THE CASH REGISTER. TAKING CARE OF CHECKING OUT OF PERSON. BUT I ALSO NOTICED ON YOUR DRAWINGS THAT YOU SUBMITTED , WHICH ARE GOING TO TOTALLY RENOVATE THE SPACE, THE SPACE IS DIVIDED INTO TWO AREAS EVEN THOUGH YOU SAID THERE IS NO OFFICE. THERE IS A BACK ROOM WHICH ALSO CONTAINS

THE BATHROOM AREA, SO -- >> RIGHT, THAT HIS PRIMARY STORAGE, THAT IS WHAT IS USED FOR. STORAGE. A LOT OF THESE ITEMS YOU HAVE TO REMEMBER, A LOT OF THESE ITEMS ARE NOT ALL ONCE PUT IN PLACE. A LOT OF THE STUFF IS STUFF HE BUYS KNOWING THAT IN THREE MONTHS IS GOING TO NEED IT BECAUSE IT IS CHEAPER TO BUY IT NOW THAN IT WOULD BE THREE MONTHS LATER ON.

>> ARE YOU SAYING THE VACUUM IS GOING TO BE STORAGE?

>> OH YEAH, PLENTY OF STORAGE. HE HAS TO HAVE IT. THESE TYPE OF BUSINESSES, NOT ONLY THIS, BUT CONVENIENCE STORES.

>> YOUR STOREFRONT IS GOING TO BE ONLY ABOUT 480 FT.÷. IS THAT

WHAT YOU'RE TELLING ME? >> YEAH.

>> CEILING TILES ARE USUALLY 2 X 2', SO IF YOU COUNT THEM UP.

>> YEAH, ABOUT THAT. I CAN TELL YOU, THIS TYPE OF SMALL BUSINESS, CBD AND FAKE SHOPS, SMOKE SHOPS, THIS IS TYPICAL FOR THEM. ANYWHERE YOU GO , THAT'S HOW THEY ARE FILLED. YOU NEED MORE STORAGE THAN ANYTHING ELSE. MOST OF THESE ITEMS ARE SMALL.

YOU'RE GOING TO HAVE MAYBE 100 OF THE SAME BRAND ITEMS IN ONE LITTLE SPACE LIKE THIS. YOU NEED MORE STORAGE TO KEEP THE THINGS YOU ARE GOING TO NEED SIX MONTHS DOWN THE ROAD TO DISPLAY. AS YOU NEED IT, OBVIOUSLY YOU GO BACK TO IT, BUT YES THIS IS VERY

TYPICAL. >> OKAY, THANK YOU.

>> ANY OTHER QUESTIONS FOR THE APPLICANT? NO? THANK YOU, SIR.

>> THANK YOU SIR AND THANK YOU GUYS FOR YOUR TIME. HAVE A GREAT NIGHT.

>> WELL, I AM OPEN FOR EMOTION. -- WELL, I'M NOT OPEN FOR

EMOTION YET. >> I THINK HE MIGHT BE --

>> HANG ON ONE SECOND, PLEASE. AT THE TIME WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING. SO, DO WE HAVE --

>> WE DO HAVE ONE SPEAKER, I BELIEVE IT'S THE PROPERTY OWNER. I DON'T KNOW IF HE WISHES TO SPEAK.

>> AT WAS THE ONLY ONE? >> THE APPLICANT AS WELL BUT IS

ON FACEBOOK IT. >> ANY OTHER SPEAKERS? I AM SAYING THAT POINT WE WILL GO AHEAD AND CLOSE THE PUBLIC

[01:00:03]

HEARING. AND FOR BEING THERE. COMMISSIONERS, I AM OPEN FOR

EMOTION. MR. POLLARD? >> I DON'T KNOW IF I WANT TO MAKE A MOTION BEFORE WE HAVE A DISCUSSION.

>> WE DISCUSSED THE MOTION. WE WILL MAKE A MOTION AND DISCUSS.

>> I'M GOING TO MOVE AND MAKE A RECOMMENDATION TO THE CITY COUNCIL TO DENY THE APPLICANT 'S REQUEST . THERE ON DALROCK RD. 1800 DALROCK RD , SUITE 400. MIKE IN THE PAST WE USED TO MAKE POTIONS THAT WAY.

WOULD YOU BE AMENABLE TO MAKING A MOTION TO APPROVE SO THAT WE

COULD VOTE AGAINST IT? >> NO.

>> OKAY. WE HAVE A MOTION ON THE FLOOR BY MR. POLLARD TO DENY THE SUP. WE HAVE A SECOND? GO AHEAD AND PRESS YOUR RTS. THERE YOU GO. MISS WILLIAMS?

>> I SECOND. >> SECONDED THE MOTION TO DENY.

COMMISSIONERS . ARE NOT GOING TO VOTE. WE ARE GOING TO GO AHEAD

AND DISCUSS. SO, MR. HERNANDEZ ? >> SO, I AM ACTUALLY NOT AGAINST THIS IDEA , BUT I WOULD BE MORE INCLINED TO POSSIBLY HAVE A MOTION TO -- I DON'T KNOW IF WE CAN REDO A DIFFERENT KIND OF MOTION, BUT TO APPROVE IT WITH CONDITION OF NOT ALLOWING CBD IF THE LAW DOES CHANGE. THE STATE LAW. IF THIS IS JUST SIMPLY A SMOKE SHOP -- THIS IS ACTUALLY NOT A BAD POSITION FOR A SMOKE SHOP BECAUSE IT'S OFF THE MAIN HIGHWAY, WITH THE HOTEL COMING IN SOON, WITH ANOTHER CONVENIENCE STORE COMING IN VERY SOON , IT DOESN'T SEEM TO ME LIKE IT'S A HORRIBLE EXCUSE FOR

A BUSINESS TO BE IN THAT SPOT. >> OKAY. MR. POLLARD?

>> TO MAKE A COMMENT , I UNDERSTAND WHERE YOU ARE COMING FROM. IF IT'S JUST A SMOKE SHOP WITH CIGARETTES AND CIGARS AND CHEWING TOBACCO AND STUFF LIKE THAT , IT KIND OF MAKES SENSE.

BUT, YOU HAVE GOT TWO SERVICE STATIONS THAT ALREADY SELL CIGARETTES THERE , CONVINCED STORE WILL THEN LIKELY WILL , SO THOSE PRODUCTS WILL ALREADY BE THERE. SOME OF THE PROBLEMS I HAD WITH THIS , AND I DON'T KNOW THE APPLICANT OR ANYBODY ELSE , I DON'T MEAN TO PASS JUDGMENT ON HIM, BUT WITH THAT SAID, I LOOKED UP SOME THINGS. THE DALLAS OBSERVER WROTE AN ARTICLE BACK IN MAY 21, 2024 THAT THE CITY OF ALLEN HAD PUT HEMP SHOPS ON NOTICE OF SELLING ILLEGAL THC PRODUCTS. KEEP THAT IN MIND, THAT WAS IN MAY. THIS ARTICLE TALKS ABOUT THAT THEY HAD ALREADY LOOKED IN AND FOUND SOME THAT WERE VIOLATING THE STATE LAW. THEN, AND LIKE I SAID THAT WAS THE DALLAS OBSERVER. WF A A CHANNEL CAPITAL EIGHT DID AN ARTICLE IN AUGUST , AUGUST 28 , ALAN POLICE HAD RATED NINE HEMP BUSINESSES ACCUSING OF SELLING PRODUCTS WITH ILLEGAL LEVELS OF THC. AND IN THIS ARTICLE, IT SAYS PRODUCTS SOLD AT NINE LOCATIONS TESTED BY LAW ENFORCEMENT ALLEGEDLY CONTAINED 7% TO 70% THC ACCORDING TO THE PRESS RELEASE FROM ALAN POLICE, ILLEGAL FOR ANY PRODUCT

[01:05:05]

CONTAINING THC SOLD IN TEXAS IS 0.3% OR LESS. SO, THAT WAS SEVERAL MONTHS LATER. THEN, EVIDENTLY THE SHOPS IN ALAN DID NOT TAKE THE TO THAT, AND CHANNEL 11 , CBS 11, SEPTEMBER 15 , THEY HAD AN ARTICLE ABOUT THE RAIDS IN ALLEN. THEN, THIS MONTH, IN THE CARROLLTON LEADER, CARLSON POLICE BUSTED A VAPE SHOPS CARRYING THC AND WHATEVER THAT WORD IS PRODUCTS. THIS IS MARCH 6, 2025. CARROLLTON PD HAULED OUT 571 G OF MARIJUANA , 2006 AND 24 G OF VARIOUS WHATEVER THAT WORD IS PRODUCTS, AND 3277 G OF VARIOUS THC PRODUCTS THAT THEY RECOVERED ON A WARRANT. THAT WAS ON OLD DENTON ROAD. YOU KNOW, THIS GENTLEMAN MAY BE AS HONEST AS CAN BE , BUT WE DO SEE AROUND THE METRO AREA, AROUND OUR AREAS IN ALAN, HE DOES BUSINESS NEXT DOOR IN PLANO, AND OVER IN CARROLLTON , THERE IS DUST GOING ON OF PEOPLE WHO ARE NOT SELLING ACCORDING TO THE LAW . THIS IS NEXT TO THE LAKE, NEXT TO AN INTERSTATE HIGHWAY , THAT IF YOU ARE IN THE BACK ROOM DISPENSING SOMETHING OR EVEN IN THE FRONT ROOM OR WHATEVER, IT'S EASY TO GET AWAY OR TAKE IT OUT ON THE LAKE WHERE IT DOES NOT NEED TO BE , AND SOMEBODY HI RUNNING A BOAT OUT ON THE LAKE IN MY OPINION. I LOOKED AT IT. I FIGURED THAT THERE IS 11 SMOKE AND VAPE SHOPS IN ROWLETT CITY , AND I THINK WE HAVE MORE THAN ENOUGH. THAT'S IT.

>> THANK YOU. MISS WEIS? >> MY ONLY THOUGHT WAS YOU

MENTIONED IMPROVING -- >> COULD YOU PULL YOUR MIC TO

YOU? >> YOU MENTIONED MAYBE APPROVING THIS BASED ON IF THE LAW CHANGES , THIS WOULD BE SUBJECT TO THAT.

I THINK ANYTHING THE CITY DOES IS SUBJECT TO TEXAS LAW , AND ABOVE THAT FEDERAL ANYWAY. SO, THAT WAS JUST MY ONLY POINT. I DON'T SEE THE NEED TO CAVEAT ANY APPROVAL OR DENIAL ON WHAT WE DO HERE IF FEDERAL OR STATE LAW CHANGES.

>> MR. HERNANDEZ? >> TO ADDRESS THE POINT, MY THOUGHT THERE WAS BECAUSE THE SENATE VERSION OF WHAT WE'RE TALKING ABOUT HERE HAS ALREADY PASSED, AND I BELIEVE THAT' GOING TO GO TO THE HOUSE HERE PRETTY SOON AS IT IS. MY THOUGHT BEHIND THAT IS IF WE WERE TO LIMIT THE SUP TO SPECIFICALLY LIKE CIGARS, CIGARETTES, AND VAPE PRODUCTS THAT DO NOT CONTAIN CBD , REGARDLESS OF WHATEVER THE STATE LAW CHANGES TO, IT IS BASICALLY KIND OF PREEMPTING SAYING WE ARE ALLOWING JUST THAT. AND FOR COMMISSIONER POLLARD, I KNOW THE POINTS YOU ARE MAKING THERE. WITH REGARD TO THE CITY OF ALLEN , I DO BELIEVE THAT THERE ARE CERTAIN SHOPS THAT ARE SELLING STUFF THAT VIOLATES STATE LAW, AND IT IS GOOD THAT THEY ARE BEING BROUGHT TO LIGHT. I DO QUESTION SOME OF THESE MAY BE BECAUSE OF SP THREE BECAUSE OF THE TIMING OF IT. CBD HAS BEEN LEGAL IN THE STATE OF TEXAS FOR MANY YEARS AT THIS POINT, SO THE FACT THEY ARE DOING IT NOW AND THE NEWS MEDIA IS KIND OF FOLLOWING ALONG WITH IT , AS FAR AS THE LAKE GOES, I AGREE WITH YOU. I DON'T THINK ANYBODY SHOULD BE OPERATING SOMETHING LIKE THAT WHILE UNDER ANY KIND OF INFLUENCE WHETHER IT BE

[01:10:03]

ALCOHOL OR SOME KIND OF DRUG, BUT WE ALL KNOW THAT HAPPENS REGARDLESS OF WHEREVER THEY GET THE PRODUCT. IF IT IS 3 MILES UP THE ROAD, THEY ARE GOING TO DRIVE 3 MILES UP THE ROAD TO GET IT, AND COME BACK ANYWAY. SO, AS TO IF WE WERE TO AMEND THE MOTION , THE THOUGHT THAT I HAD THERE WAS SIMPLY BECAUSE IT IS CLOSER TO THE LAKE, SO PEOPLE COULD ACTUALLY TAKE ADVANTAGE OF BEING POSSIBLY WALKABLE TO IT , ESPECIALLY FROM THE MARINA, FROM THE HOTEL , STUFF LIKE THAT. SO, I GUESS THAT'S KIND OF WHAT MY

TRAIN OF THOUGHT WAS GOING TO. >> I THINK IT'S ALSO KIND OF IMPORTANT TO KEEP IN MIND THERE'S A BIG DIFFERENCE -- WELL, THERE IS A DIFFERENCE BETWEEN CBD PRODUCTS AND THC PRODUCTS. SUPPOSEDLY CBD YOU DON'T GET HIGH ON, THC YOU DO.

I KNOW IT IS TRUE, I GOOGLED IT. JUST BECAUSE I AM UNFAMILIAR WITH THE TERMINOLOGY THAT WAS BEING THROWN AROUND, SO I WAS KIND OF CURIOUS. OKAY, COMMISSIONERS? ANY OTHER

DISCUSSION? MISS WILLIAMS. >> MY CONCERN IS IN PUBLIC HEALTH. E-CIGARETTES ARE DANGEROUS , THEY HAVE BEEN LINKED TO ALL KINDS OF HEALTH ISSUES, TO CANCER, TO LUNG DISEASE , AND STROKES . THAT IS MY CONCERN.

>> WELCOME THE -- WELL, USER BEWARE. WE HAVE A MOTION AND A SECOND ON THE FLOOR TO DISAPPROVE THE SUP REQUEST FOR THE VAPE STORE AT 1800 DALROCK RD , SUITE 400. NO FURTHER DISCUSSION ON IT, WE WILL GO AHEAD AND CALL THE VOTE. AND THAT PASSES 4-2. WITH ONE OF STANCHION, ONE ABSENT. OKAY,

[5B. Conduct a public hearing and make a recommendation to City Council regarding a request by Steven Reyes on behalf of property owner Raquel Sanchez to 1) Rezone the subject property from Single Family-9 (SF-9) Residential District to Light Manufacturing (M-1) District; 2) Amend the Comprehensive Plan; and 3) Amend the official Zoning Map of the City. The property is located on the northeast corner of PGBT and Flamingo Dr, consisting of 2.16-acres of the Henry H. Hall Survey, Abstract 633 in the City of Rowlett, Dallas County, Texas.]

4-2, THANK YOU. MOVING ON TO ITEM MR. TUCKER, CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST BY STEVEN REYES ON BEHALF OF PROPERTY OWNER RAQUEL SANCHEZ TO REZONE THE SUBJECT PROPERTY FROM SINGLE-FAMILY SF-9 RESIDENTIAL DISTRICT TO LIGHT MANUFACTURING TREND 25 DISTRICT. TWO, AMEND THE COMPREHENSIVE PLAN, AND THREE, AMEND THE OFFICIAL ZONING MAP OF THE CITY. THE PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF PGBT AND FLAMINGO DRIVE, CONSISTING OF 2.16 ACRES OF THE HENRY H. HALL SURVEY, ABSTRACT 633 IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS.

>> GOOD EVENING, COMMISSIONERS, SENIOR PLAN REPRESENTING AGENDA ITEM 5B. NORTHEAST CORNER OF PRES. GEORGE BUSH AND FLAMINGO DRIVE. THE CURRENT ZONING IS SINGLE-FAMILY NINE RESIDENTIAL DISTRICT AND THE CURRENT TEACHER LAND USE DESIGNATION, WHICH IS THE CONFERENCE OF PLAN DESIGNATION THAT COURTNEY WAS JUST TALKING ABOUT, IS A STATE RESIDENTIAL OVER 20,000 FT.÷.

THE REQUEST FOR YOU TONIGHT IS DOUBLE PRONGED AS SHE DISCUSSED, SO WE HAVE A REQUEST TO CHANGE THE COPPERHEAS OF PLAN AMENDMENT AND A ZONING CHANGE REQUEST. IN THE ULTIMATE GOAL OF THIS REQUEST IS THE APPLICANT WISHES TO OPEN UP A CONTRACTOR SHOP AT THIS LOCATION. SO FIRST, THE ZONING CHANGE AS I STATED IT IS CURRENTLY ZONED SINGLE-FAMILY NINE, THEY ARE REQUESTING A ZONING OF LIGHT MANUFACTURING M-1. I DID INCLUDE A TABLE OF THE ALLOWED USES HERE TO KIND OF DEMONSTRATE . THE CONTRACTOR SHOP , IT IS SECOND USE LISTED. IF YOU LOOK, ALL THOSE BOXES ARE EMPTY WHICH MEANS THAT USES PROHIBITED AND BASICALLY ALL OTHER ZONING DISTRICTS EXCEPT FOR OUR LIGHT MANUFACTURING WHICH IS M-1, AND OUR HEAVY MANUFACTURING WHICH IS M-2. THEY ARE ASKING FOR THE CHANGE AND I ALSO WANTED TO INCLUDE THIS

[01:15:02]

CHART BECAUSE I WANTED TO LET YOU KNOW THIS IS A STRAIGHT ZONE CHANGE REQUEST. ANY OF OUR DEVELOPMENT STANDARDS APPLY HERE, SO THEY HAVE TO MEET ALL OF THOSE OF AND STANDARDS, BUT ADDITIONALLY ALL THE USES ALLOWED WITHIN THE M-1 ZONING DISTRICT WOULD BE ALLOWED HERE AS WELL, SO THEY INTEND TO OPEN A CONTRACTOR SHOP, BUT ALL THOSE USES WOULD BE ALLOWED SO I WANT TO MAKE THAT CLEAR UP TOP. SO, THE SECOND PART OF THAT IS THE COPPERHEADS OF PLAN AMENDMENT, SO AS COURTNEY MENTIONED, THE COMPREHENSIVE PLAN AMENDMENT IS THE LONG-RANGE PLAN THE CITY COUNCIL HAS VOTED ON WITH SIGNIFICANT INPUT FROM CITIZENS AND BASICALLY SAYS IN WHAT AREAS, WHAT KIND OF ZONING DO WE WANT TO SEE IN THE FUTURE WITHIN THAT 15 OR 20 YEAR PERIOD, SO FROM THAT WE GET WET IS CALLED OUR FUTURE LAND USE MAP, SO THESE ARE OULAND USE MAP EXHIBITIONS IN THE AREAS, SO IT CURRENTLY EXCEPT X THAT WE WANT THIS AREA TO BE A STATE RESIDENTIAL 20,000 SQUARE-FOOT LOT, SO BECAUSE WE ARE CHANGING AND REQUESTING ZONING CHANGE TO SOMETHING THAT DOESN'T MATCH THE ESTATE RESIDENTIAL, WE ALSO HAVE TO UPDATE THE FUTURE LAND USE MAP THROUGH A CONFERENCE OF PLAN UPDATE. THEY ARE REQUESTING TO GO FROM A STATE RESIDENTIAL TO LIGHT INDUSTRIAL. AS SHE MENTIONED, WHENEVER MOVING IT FROM A FUTURE LAND USE MAP, YOU HAVE TO AMEND YOUR CURRENT LAND USE MAP WITH IT. THESE ARE THE SITE CONDITIONS THERE AT THIS CURRENT TIME. THERE IS JUST A SINGLE-FAMILY HOME , NOTHING ELSE IS ON THIS LOT AS OF NOW.

THIS IS THE PROPOSED SITE LAYOUT. THIS IS NOT APD, THEY ARE NOT TIED TO THIS, IT'S NOT IN THE PACKET AND IT WILL BE IN THE ORDINANCE IF THIS IS APPROVED BUT I DID WANT TO GIVE YOU AN IDEA THAT THIS IS WHAT THEY ENVISIONED THE SITE TO LOOK LIKE IF THE ZONING CHANGES APPROVED. THEY WILL KEEP THE RESIDENTIAL HOME THERE AND THEY WILL BUILD AN ADDITIONAL BUILDING ALONG THE SOUTHERN PROPERTY LINE THERE.

>> I'M SORRY, DON'T MEAN TO INTERRUPT, BUT COULD YOU JUST REPEAT WHAT YOU JUST SAID ABOUT THE RESIDENCE? THE RESIDENCE

WILL REMAIN THERE? >> THEY WANT TO KEEP THE RESIDENTIAL HOME THERE AND REHAB IT. WHENEVER THAT HAPPENS, IT DOES SWITCH BECAUSE THEY USE IS SWITCHING FROM A RESIDENTIAL HOME ESSENTIALLY TO INDUSTRIAL WHICH WOULD FALL UNDER OUR COMMERCIAL BUILDING CODE. IF THEY WANT TO KEEP THE HOME, THEY WOULD HAVE TO BRING IT UP TO COMMERCIAL BUILDING COME STANDARDS. BUT THEY CAN KEEP THE HOME THERE IF THEY WOULD LIKE? THEY HAD TO SWITCH IT OVER TO COMMERCIAL BUILDING STANDARDS.

THEY ARE WANTING TO USE THAT AS AN OFFICE FOR THE PROPERTY. WE DID SEND OUT NOTICES POINT WITHIN THE 200 FOOT PUBLIC NOTICES, THERE WERE 12 NOTICES SENT OUT. WE RECEIVED ONE IN OPPOSITION. WITHIN THE 500 FOOT NOTICE, WE SEND 45 OUT AND GOT TWO IN OPPOSITION. ONLY ONE WAS SENT TO ME IN TIME BY POSTING OF THE PACKET BUT THERE WERE TWO ADDITIONAL ONES SENT OVER TO Y'ALL TODAY. BECAUSE THIS IS A STRAIGHT ZONING CHANGE, YOU CAN ONLY APPROVE OR DENY, NOT ADD ANY CONDITIONS TO THIS REQUEST.

THAT CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR ANY

QUESTIONS. >> THANK YOU. COMMISSIONERS, ANY QUESTIONS FOR STAFF? MR. HERNANDEZ.

>> MY ONLY QUESTION, THE TWO THAT WERE SENT TODAY, BECAUSE I WAS UNABLE TO ACTUALLY READ THOSE COMMENTS, COULD YOU SUMMARIZE WHAT THOSE WERE ABOUT?

>> THE CONCERN IS JUST ADDING -- I THINK THEY DON'T WANT TO MOVE AWAY FROM RESIDENTIAL BECAUSE IF YOU LOOK BACK AT THIS MAP HERE, YOU CAN SEE ALL THE SURROUNDING PARCELS ARE CURRENTLY ZONED SF-9, AND THE PARCELS TO THE NORTH, EAST, AND SOUTH ALL ARE CURRENTLY BEING USED AS SINGLE FAMILIES, SO I THINK THAT WAS THE MAIN CONCERN. CHANGING THE ZONING DISTRICT THAT DOES NOT MATCH THE SURROUNDING ZONING AND USES IN PLACE CURRENTLY.

>> ANY OTHER QUESTIONS FOR STAFF? THANK YOU. IS THE APPLICANT HERE? WOULD HE LIKE TO PROVIDE A PRESENTATION?

>> HE DID NOT PREPARE A PRESENTATION BUT I BELIEVE HE'S

PREPARED TO TALK. >> I AM STEVEN REYES. I AM HERE

TO ANSWER ANY QUESTIONS. >> OKAY. COMMISSIONERS, ANY QUESTIONS FOR THE APPLICANT? MR. POLLARD.

>> SO, THE HOUSE EXISTING THERE , YOU INTEND TO USE IT LIKE AN

OFFICE? >> YES, FOR COMMERCIAL OFFICE.

>> ACCORDING TO WHAT THE PRESENTATION WAS SHOWING, THERE WAS ANOTHER BUILDING TO BE BUILT ON THE PROPERTY . WHAT WAS THAT

BEFORE? >> THAT IS CONCERTED A WAREHOUSE STORAGE /MAINTENANCE. AND IT'S GOING TO BE A SINGLE-STORY BUILDING AND IT WILL ADHERE TO ALL OF THE CODES FOR THE VENEER OF THE BUILDING, THE LOOKS OF THE BUILDING, BOTH OF THOSE

CODES. >> WOULD YOU BE ASSEMBLING

[01:20:05]

ACTUALLY MANUFACTURING ANYTHING ON THE PREMISES? WOULD YOU BE ASSEMBLING ANYTHING? SO YOU ARE A HEATING AND AIR BUSINESS, IS THAT CORRECT? STRICTLY HEATING AND AIR? IF YOU WANT TO ANSWER THE QUESTIONS, HOW ABOUT COMING UP HERE AND TELLING US YOUR

NAME. >> I AM JEREMY, SON OF THE OWNER. I AM PROJECT MANAGER FOR THE COMPANY.

>> OKAY, SO YOU ARE GOING TO BE JUST A HEATING AND AIR PLAYS, YOU HAVE VEHICLES COME IN AND OUT, YOU HAVE EMPLOYEES THAT PICK UP AIR CONDITIONING OR HEATING PARTS AND HAULED THEM TO PEOPLE'S HOUSES AND INSTALL OR DO REPAIRS OR WHATEVER, IS THAT

CORRECT? >> WE ARE A FAMILY OWNED COMPANY, WE HAVE ABOUT 10 TRUCKS RIGHT NOW. WE DO PLAN ON GROWING A LITTLE MORE, BUT WE HAVE PROBABLY ABOUT 15 IN OUR STAFF

RIGHT NOW. NOT A HUGE COMPANY. >> YOU DO ANY ELECTRICAL OUTSIDE OF WHAT IS NECESSARY FOR HEATING AND AIR?

>> NO, ONLY MECHANICAL. >> NO PLUMBING EITHER? OKAY. AND YOU ARE OPEN FROM ONE TO WIN TYPICALLY?

>> PROBABLY ABOUT 7:00 A.M. THE GUYS WILL PROBABLY COME IN ABOUT 6:30 OR 7:00 AT THE LATEST. ABOUT 12 HOURS A DAY.

>> YOU ARE AWARE THAT ROWLETT HAS A NOISE ORDINANCE?

>> YES. >> OKAY, SO WHEN THEY COME IN, YOU ARE PARKING, YOU'RE SHOWING QUITE A BIT OF PARKING, PICK UP

COMPANY VEHICLES, IS THAT RIGHT? >> SOME GUYS WILL TAKE VEHICLES HOME TO BE ON CALL SO WE ARE NOT DISTURBING DURING THE NIGHT , BUT WE DO HAVE GUYS 24 HOURS ON CALL.

>> WHERE ARE YOU LOCATED NOW? >> WE ARE IN GARLAND DIRECTLY NEXT TO THE HEALTH DEPARTMENT, LEASING THE BUILDING THERE NOW.

>> MY QUESTION WOULD BE WHAT DROVE YOU TO LOOK AT THIS PARTICULAR PARCEL OF RESIDENTIAL LAND ?

>> SO, I'M 33 YEARS OLD. BACK IN HIGH SCHOOL, I DROVE BY IT EVERY DAY WITH MY DAD AND STUFF WORKING WITH HIM AND STUFF, AND ALWAYS WONDERED WHO LIVED THERE. ONE DAY A SIGN POPPED UP FOR SEPARATE I WAS GOING TO PURCHASE ANOTHER PROPERTY RIGHT BEFORE THAT NEEDS TO BE TORN DOWN TOO, AND THEN THIS ONE POPPED UP. I DECIDED TO STOP BY, TALK TO THE OWNER. SHE WAS ACTUALLY IN THE HVAC INDUSTRY ALSO. THE FAMILY THERE OWNED AND OPERATED IT, AND THAT'S HOW WE CONNECTED. I ASSURED HER THAT THEIR DREAM WAS TO ALWAYS TURN IT INTO THEIR BUSINESS ALSO, REZONE TO COMMERCIAL, THEY CLAIMED THEY SUBMITTED STEPH TO Y'ALL I GUESS AND ALL WE HAD TO DO WAS PAY A FEE OR SOMETHING, BUT SHE HAD TRIED TO REZONE AT SOME POINT IN THE NOT SURE HOW THAT WORKED, BUT I TOLD HER I WOULD TURN IT INTO HER HVAC COMPANY,

SO. >> OKAY, ANY OTHER QUESTIONS FOR THE APPLICANT? I AM SEEING IT ON. THANK YOU, SIR. THIS IS A PUBLIC HEARING, SO AT THIS TIME I WOULD LIKE TO GO AHEAD AND OPEN THE FLOOR TO THE PUBLIC HEARING. NOBODY WANTS TO SPEAK.

NO INPUTS, SO WE WILL CLOSE THE PUBLIC HEARING. WE WILL MOVE ON TO LOOKING FOR A MOTION. SOMEBODY HAS GOT TO MAKE A MOTION. SO WE CAN MOVE . MR. HERNANDEZ.

>> I HAVE A QUESTION WITH REGARD -- AND I DON'T KNOW , MAYBE I MISSED IT WITH THE CHART ON THE PRESENTATION, THE DIFFERENCE BETWEEN LIGHT MANUFACTURING AND COMMERCIAL WOULD HAVE BEEN

INSTEAD. >> SO, IN GENERAL THE CHART MOVES LEFT TO RIGHT AS THE MOST -- OR, THE LEAST INTENSIVE ZONING DISTRICTS TO THE MOST INTENSIVE ZONING DISTRICTS. THE TYPES OF ZONING WE ALLOW AND THE INTENSITY THAT WE ALLOW.

STARTING WITH RESIDENTIAL, VERY RESTRICTIVE. MOVING OVER SLOVER INTO MULTI FAMILY AND AN OFFICE, THEN COMMERCIAL, THEN LIGHT MANUFACTURING WHICH IS REALLY THE INDUSTRIAL TYPE USE. SO, THIS USE HAS BEEN DESIGNATED FOR OUR MOST INTENSIVE ZONING DISTRICTS, OUR MOST PERMISSIVE ZONING DISTRICTS, WHICH ARE THE TWO MANUFACTURING DISTRICTS. WHEN WE ARE TALKING ABOUT COMMERCIAL, IT IS COMMERCIAL RETAIL USE EARLY. YOU WILL NOT SEE A LOT OF MANUFACTURING USES THERE, AT LEAST NOT WITHOUT AN

[01:25:01]

SUP. >> I HAVE A QUESTION FOR STAFF.

>> MR. POLLARD. >> WHAT CAN GO INTO AN M-1?

>> SO, THIS IS JUST A SNIPPET. I JUST INCLUDED THE INDUSTRIAL PORTION. AGAIN, M-1 YOU ARE GOING TO SEE MOST OF THE COMMERCIAL ZONING STUFF ALLOWED BY SUP, BUT AGAIN YOU CAN SEE HERE ASSEMBLY OF HEAVY ELECTRONIC DEVICES, THE BUILDING MATERIALS AND OUTDOOR LUMBER SALES, CONTRACTOR SHOP ALSO INCLUDES A STORAGE YARD. ALL OF THOSE ARE ALLOWED BY M-1.

COMMERCIAL LAUNDRY IS ALLOWED WITH A SPECIAL USE PERMIT.

AGAIN, IT IS THOSE HEAVIER INDUSTRIAL TYPE USES THAT ARE GOING TO BE ALLOWED BY RIGHT, OR WITH AN SUP MORE OFTEN THAN NOT IN THE M-1 VERSUS THE OFFICE IN C-2 ZONING DISTRICTS, ALL THE BOXES ARE EMPTY AND PROHIBITED THERE.

>> ASSIST THE EXHAUSTIVE LIST, OR IS THERE MORE?

>> THERE IS MORE. I JUST WANTED TO SHOW WHAT A STRAIGHT ZONING MEANS HERE, ESPECIALLY TO THE M-1 ZONING DISTRICT.

>> SO, THE EXHAUSTIVE LIST IS APPROXIMATELY HOW MANY DIFFERENT

OTHER USES? >> I COULD NOT GUESS. IT IS

QUITE A BIT. >> EXCUSE ME. I HAVE IT IN FRONT OF ME. IF YOU WOULD LIKE TO GO THROUGH IT.

>> PLEASE, SIR. >> ANIMAL SHELTER , ATHLETIC STADIUM IS A SPECIAL USE, MUNICIPAL USES, LIBRARY, MUSEUM OF ART , LET'S SEE WHAT ELSE. COLLEGE AND UNIVERSITY SPECIAL USE, COMMERCIAL SCHOOL, PRIMARY, SECONDARY, DENTAL, MEDICAL.

MEDICAL LABORATORY. CEMETERY. PUBLIC GOLF COURSE IS A SPECIAL USE. OPEN SPACE PARK , AMATEUR RADIO TOWER IS A SPECIAL USE , RADIO BROADCASTING TOWER , BUS TERMINAL IS A SPECIAL USE, TRANSIT STATION IS A SPECIAL USE, UTILITY FACILITY MINOR IS AN ALLOWED USE , AGRICULTURAL GRAZING IS A SPECIAL USE , CLUBS, LODGES, SORORITIES, FRATERNITIES. IT GOES ON.

>> WHAT IS THE MOST LIKELY? >> NIGHTCLUB IS A SPECIAL USE.

>> THAT IS 2.16 ACRES, SOMETHING LIKE THAT? WHAT CAN LIKELY IF TURN AROUND AND SELL THE PROPERTY, IF I GET AN SF-9 AND -- TRY 25 USE, WHAT IS THE LIKELY THINGS THAT COULD GO IN THERE THAT MIGHT BE SOMETHING THAT RESIDENTS WOULD REALLY BLOW

UP ON? >> A BUS STATION.

>> THAT IS NOT LIKELY. >> GENERAL RETAIL, FEED STORE .

MORTUARY. PET STORE. ALMOST ANY KIND OF REPAIR SHOPS.

CONVENIENCE AND GAS STATION. >> LATE AUTOMOTIVE REPAIR?

>> I HAVE NOT GOTTEN THAT FAR YET. TOWING, STORAGE.

>> ALL RIGHT, SO THERE ARE SOME USAGES THAT COULD BE LIKELY. A STORAGE PLACE, A SHOP, THE VEHICLE REPAIR SHOP.

>> LIGHT VEHICLE REPAIR IS AN ALLOWED USE. HEAVY IS A SPECIAL

USE. >> OKAY. SO, THAT COVERS THAT. I

WILL DISCUSS MORE IN A MINUTE. >> THANK YOU.

>> COMMISSIONERS? WE ARE STILL WAITING ON A MOTION.

MR. POLLARD? >> MR. CHAIRMAN, I WOULD RATHER DO IT. I AM STILL IN QUEUE. THERE WE GO. I WOULD RATHER DO THIS THE OTHER WAY, BUT I WILL DO IT AT YOUR SUGGESTION. I MOVE THAT WE APPROVE THIS AS REQUESTED.

>> OKAY, WE HAVE A MOTION ON THE FLOOR BY MR. POLLARD TO APPROVE THE ZONING CHANGE . DO WE HAVE A SECOND? MR. HERNANDEZ.

[01:30:03]

>> I WOULD LIKE TO SECOND THE MOTION, BUT I WOULD ALSO LIKE TO AMEND THE MOTION TO SUGGEST THAT IF THE BUSINESS WERE TO DISCONTINUE AT ANY POINT THAT BASICALLY IT WOULD BE REZONED

BACK . >> WE CANNOT ADD ANY CONDITIONS

TO THIS. >> OKAY, UNDERSTOOD. I WILL

SECOND THE MOTION. >> SECONDED BY MR. HERNANDEZ. WE HAVE A MOTION ON THE FLOOR TO APPROVE THE ZONING REQUEST.

DISCUSSION? MR. POLLARD. >> OKAY, NOW I HAVE A REAL PROBLEM WITH THIS. I HAVE A FRIEND THAT HAS A SHOP JUST UP THE STREET HERE. IT IS A HEATING AND AIR PLACE. ALTHOUGH HE WOULD BE IN CONFLICT WITH HIM , AS FAR AS I KNOW --

>> BUT THAT'S NOT ENTERING INTO YOUR DECISION, RIGHT?

>> BUT THE SHOP IS BETWEEN TWO HOUSES RIGHT UP HERE ON MAIN STREET. I DON'T KNOW THAT HE HAS EVER HAD A PROBLEM , SO FOR WHAT THEY WANT TO DO, I HAVE NO PROBLEMS WITH. I THINK THE NEIGHBORS, THE ONES IN THERE, MY WORRY IS FOR COUNSEL TO CHANGE THE ZONING TO AN M-1 AND THEN YOU HAVE OTHER USES THAT I CERTAINLY , IF I LIVED ON FLAMINGO, WOULD NOT WANT. I HAVE A PROBLEM WITH THAT. IT WOULD BE NICE IF THE APPLICANT , IF WE WERE TO TURN THIS DOWN, THE APPLICANT HAS AN AUTOMATIC RIGHT TO GO TO CITY COUNCIL, AND IF CITY COUNCIL SAID G, WE WOULD WAIVE YOUR FEES FOR YOU TO GO BACK , AND AS FOR AN SUP OWNED RESIDENTIAL, THEN I THINK THAT SOLVES YOUR QUESTION AND THEN IT DEFINITELY SOLVES MINE, THAT IF THEY WERE FOR WHATEVER REASON NOT ABLE TO GO WITH IT OR SOLD THE PROPERTY, IT SOMEHOW GOES BACK AND CANNOT BE USED FOR THE OTHER USES THAN THE FLAT OUT STRAIGHT ZONING WOULD GIVE THEM. BUT THE STRAIGHT ZONING IN THIS

PART IS THE PROBLEM. >> WELL, I WOULD INCLINED TO AGREE WITH MR. POLLARD THAT THE ZONING REQUEST M-1 IN THIS PARTICULAR SITUATION IS NOT A GOOD IDEA CONSIDERING THE ENTIRE SURROUNDING AREAS ARE ALL RESIDENTIAL. IF THIS WAS GOING TO BE EATING INTO RESIDENTIAL AREAS OFF OF AN EXISTING LIGHT MECHANICAL USE AREA, THEN BECAUSE OF WHAT IT IS FOR, I WOULD BE MORE APT TO SAY -- I WOULD BE MORE APT TO BE FAVORABLE ON THIS. I'M SORRY, WE HAD LEGAL TRAININ THIS

EVENING . MR. POLLARD? >> TO WHAT YOU JUST SAID, I THINK WE ARE KIND OF ON THE SAME WAVELENGTH. THIS AREA IN FRONT ON A HIGHWAY, IT'S ON FRONTAGE ROAD, AND ALL THAT INGRESS AND REGRESS IS MORE THAN LIKELY -- AND WOULD YOU WANT TO PUT YOUR COMMERCIAL PLACES? ON THE MAIN THOROUGHFARE OR SOMETHING LIKE THIS ON A SERVICE ROAD . I DON'T KNOW THIS WOULD EVER BUILD OUT TO SOMEBODY WANTING TO GO IN AND BUY 2 ACRES AND PUT IN A 6000 FT.÷ HOUSE THAT BACKS UP TO ALL THE NOISE ON GEORGE BUSH FROM THE VEHICLES. BUT JUST SOUTH OF HERE IS COVINGTON'S , IS A CHURCH, AND ACROSS THE FREEWAY JUST DOWN IS THE BIG SHOPPING CENTER. SO, IT'S NOT LIKE IT IS JUST WALKED IN , BUT I THINK THAT'S THE WRONG ZONING REQUEST.

>> MISS WILLIAMS? >> NOW I'M CONFUSED BECAUSE FIRST WE WERE ADOPTING AND NOW WE ARE GOING TO SECOND THE MOTION, BUT NOW WE ARE SAYING WE ARE GOING TO MAKE CERTAIN

[01:35:01]

RECOMMENDATIONS? >> NO, THE MOTION THAT IS ON THE TABLE IS TO APPROVE THE REQUEST TO REZONE THIS PROPERTY.

>> OKAY. >> SO, IF YOU SAY NO , THEN THEY DON'T GET THE ZONING. IF YOU SAY YES, THEY WILL GET THE

ZONING. >> I JUST NEEDED CLARIFICATION,

THANK YOU SIR. >> YOU CAN GO AHEAD AND HIT YOUR RTS AND WE WILL LET YOU SLIDE IN IN FRONT OF MR. HERNANDEZ

>> TO MY COLLEAGUE HERE, I MADE A MOTION TO APPROVE, AND I'M NOT GOING TO SUPPORT THAT, AND THE REASON IS WE HAD TO HAVE SOMETHING ON THE FLOOR TO BE ABLE TO DISCUSS, AND I WANTED THE OPPORTUNITY THAT THE APPLICANT, I THINK IT'S ONLY FAIR TO THE APPLICANT TO BE ABLE TO HEAR MAYBE THERE IS AN ALTERNATIVE POINT BUT , THIS ISN'T IT.

>> NO, SIR. MR. HERNANDEZ? >> I JUST WANTED TO SAY I DO AGREE WITH MR. POLLARD THAT THE CHANGE IN THE ZONING IS WHAT THE CONCERN REALLY IS. JUST FYI, THAT HOME IF I'M NOT MISTAKEN, THAT HOME HAS BEEN VACANT FOR AT LEAST A YEAR AT THIS POINT. THEY PRETTY MUCH GUTTED THE THING, SO IT'S JUST A SHELL, AND I KNOW THAT WHEN IT WAS A HOUSE, WHEN SOMEBODY WAS ACTUALLY LIVING THERE, THERE WERE TRAILERS IN THE FRONT OF THAT THING, FLATBED TRAILERS ALL THE TIME, THEY WERE ALWAYS BRINGING STUFF IN AND OUT, SO IT ALMOST WAS I EFFECTIVELY SERVED AS SOMETHING SIMILAR. BUT I AGREE WITH THE CHAIR AND MR. POLLARD HERE THAT WE ARE A LITTLE HAND-TIED WITH THIS , AND IF IT WAS SOMETHING WHERE POSSIBLY COUNSEL COULD DO A CHANGE TO THAT, IT MIGHT WORK

BETTER. >> I DON'T THINK THEY WILL BECAUSE THEY ARE UNDER THE SAME RESTRICTIONS WE WOULD BE. ANY OTHER COMMENTS? QUESTIONS? WE HAVE A MOTION ON THE FLOOR AND SECOND TO APPROVE THE REZONING REQUEST. FOR THE 2.16 ACRES OF THE HENRY H. HALL SURVEY ABSTRACT IN DALLAS COUNTY, TEXAS. NO FURTHER DISCUSSION, WE WILL CALL THE BOAT. AND THAT PASSES UNANIMOUSLY. OR EXCUSE ME, IN MY MIND IT DOES. AND THAT IS DISAPPROVED UNANIMOUSLY. MOVING ON TO ITEM MR. HERNANDEZ,

[5C. Consider and make a recommendation to the City Council on a request by property owner Ezra Auerbach, for the approval of a warrant to allow for an existing 6-foot cedar fence on a corner lot facing Bob Lane and Edna Place. The property is Zoned Form-Based New Neighborhood (FBNN) District, an approximately 0.207-acre lot is located about 1500 southwest of Merritt Road and Castle Drive, addressed as 3108 Bob Lane also described as Lot 9, Block B, of Merritt Village, in the City of Rowlett, Dallas County, Texas.]

CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST BY PROPERTY OWNER EZRA AUERBACH , FOR THE APPROVAL OF A WARRANT TO ALLOW FOR AN STING 6 FOOT CEDAR FENCE ON A CORNER LOT FACING BOB LANE AND EDNA PLACE. THE PROPERTY IS ZONED FOREIGN-BASED NEIGHBORHOOD DISTRICT, AN APPROXIMATELY 0.207 ACRE LOT IS LOCATED ABOUT 1500 SOUTHWEST OF MERRITT ROAD AND CASTLE DRIVE, ADDRESSED AS 3108 BOB LANE, ALSO DESCRIBED AS LOT END, BLOCK B, MERRITT VILLAGE IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. IF YOU WOULD BEAR WITH ME FOR ONE SECOND WHILE THE RECOVER ALL OF OUR COMMISSIONERS.

I AM LOSING THEM FASTER THAN I AM GAINING THEM. I GUESS MAYBE I SHOULD HAVE GONE AHEAD AND HAD A BREAK.

[01:40:07]

I GUESS 20 YEARS IN THE NAVY TEACHES YOU ONE THING, THAT IS TO HOLD YOUR BLADDER.

NOT A PROBLEM.

>> TECHNICAL ISSUE.

>> OKAY, ARE WE ALL READY? SO, I'M GOING TO RUN QUICKLY THROUGH THE BACKGROUND BECAUSE YOU ARE ALL VERY FAMILIAR WITH THIS AREA. IT IS ZONED FOREIGN-BASED NEIGHBORHOOD, IT IS WITHIN THESEVEN SUBDIVISION ALONG CASTLE DRIVE. THE LOT IN QUESTION IS ABOUT 0.2 ACRES AND IT IS PLATTED RIGHT ACROSS A PROJECT YOU ALL RECENTLY HEARD A FEW WEEKS AGO PERTAINING A FENCE WARRANT, THIS IS A VERY SIMILAR CASE ACROSS THE STREET . WHAT YOU ARE GOING TO NOTICE THOUGH IS THAT IT IS A CORNER LOT AGAIN BUT IT IS FACING BOB LANE AND EDNA PLACE, BOTH NEIGHBORHOOD STREETS . WHAT IS BUFFERING THE FRONT OF THE HOME IS AN OPEN SPATE LOT SLASH A CORRIDOR AREA , THE MAJOR THOROUGHFARE I MENTIONED TO YOU ALL A FEW WEEKS AGO. AGAIN, THE REQUEST IN THIS CASE IS FOR A 6 FOOT CEDAR FENCE. THAT WAS CONSTRUCTED FOR PRIVACY AND SECURITY , AND AGAIN, MORE BACKGROUND INFORMATION, THIS WAS A FENCE APPROVED BY THE HLA AND BY STAFF VIA SO WE DID ISSUE A PERMIT. AT THE TIME, WE NOTICED AFTER ISSUING THE PERMIT THAT IT DID NOT MEET THE REQUIREMENTS OF WHAT THE FORM-BASED CODE IS ASKING FOR. IN THIS CASE. SO, WE HAD TO GO BACK AND REVIEW BASED ON THE STANDARDS OF THE STATE LOT NUMBER WHICH IS IN ARTICLE 2.4 H. AGAIN, IT IS A VERY SIMILAR CASE SO THE ÉLAN MATERIALS, BECAUSE THIS IS A CORNER LOT, WE ARE LOOKING AT A FENCE ALONG A SIDE STREET. AS YOU CAN SEE ON THE IMAGE TO MY LEFT, WE CONSIDER THAT ALMOST A FRONT FENCE -- A FRONT YARD. WHEN WE ARE REVIEWING IT, IT IS A FRONT FENCE. THE STANDARDS THAT APPLY ARE THAT IT HAS TO BE A METAL PICKET FENCE , AND BECAUSE WE ARE TREATING IT AS A FRONT FENCE, THE MINIMUM HEIGHT IS 42 INCHES. I HAVE HIGHLIGHTED HEAR EXACTLY WHAT THE CODE VERBATIM IS SAYING PERTAINING TO THE REQUIREMENTS FOR A FENCE ALONG THE SIDE STREET, WHICH YOU ALSO HAD ON THE STAFF REPORT THAT WAS POSTED ONLINE. AGAIN, WHEN CONSIDERING THE APPROVAL OF A WARRANT , YOU SHOULD CONSIDER MAKING SURE THAT IT ALIGNS WITH THE FORM-BASED CODE AND ALSO THE DISTRICT THE LOT LIVES IN, IN THIS CASE A NEW NEIGHBORHOOD DISTRICT. WILL THIS REQUEST IMPROVE OUR CONTRIBUTE TO THE FORM-BASED NEW NEIGHBORHOOD DISTRICT, AND WOULD IT PREVENT AT ALL WHAT THE NEW NEIGHBORHOOD DISTRICT IS INTENDING TO DO.