PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue October 9, :30 P.M. Pre-Meeting Agenda

Transcription

1 PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue October 9, :30 P.M. Pre-Meeting Agenda I. Administer the Oath of Office to the newly appointed members. II. Election of Officers III. Discuss items on the regular agenda. PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue October 9, :00 P.M. Pursuant to Section of the Texas Government Code, the Planning and Zoning Commission may meet in a closed executive session to consult with the City Attorney regarding matters authorized by Section , including matters posted on this agenda. AGENDA I. APPROVAL OF THE MINUTES OF THE SEPTEMBER 25, 2017 MEETING II. PUBLIC HEARINGS A. Public hearing and consideration of a replat of Judge Frank Berry Middle School submitted by Nathan D. Maier Consulting Engineers, Inc. on behalf of Mesquite Independent School District, located at 2675 Bear Drive (Judge Frank Berry Middle School, Block A, Lot 1R). B. Public hearing and consideration of a rezoning from Commercial to Commercial with a Conditional Use Permit to allow indoor recreation submitted by Srinivasulu Uyyalada, on property described as Town East Mall Phase 2, Block A, Lot 2, located at 6500 Town East Mall. (Zoning File Z ). C. Continue a public hearing and consider zoning text amendments to Chapter 1A-200, Landscape Requirements; Chapter 1A-300, Screening and Buffering Requirements; Section 3-203, Schedule of Permitted Uses; Chapter 3-300, Development Standards; Chapter 3-400, Off-Street Parking and Loading; Chapter 3-500, Supplementary Use Regulations; Chapter 3-600, Outdoor Sales, Display and Storage Regulations; Chapter 4-930, Skyline Logistics Hub Overlay District; and Section 6-102, Definitions; all pertaining to new and revised regulations for Truck Stops and other development that includes the parking of heavy load vehicles as a principal or accessory use. (ZTA ). (This item was postpone at the August 28, 2017, and September 11, 2017, Planning and Zoning Commission meetings.) Page 1 of 2

2 III. DIRECTOR S REPORT A. Planning and Zoning Commission Orientation. B. Receive briefing on the City s proposed annexation. C. Director s Report on recent City Council action on zoning items at their meeting on October 2, At the conclusion of business, the Chairman shall adjourn the meeting. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. CERTIFICATE I, Garrett Langford, Manager of Planning and Zoning for the City of Mesquite, Texas, hereby certify that the attached agenda for the Planning and Zoning Commission meeting to be held October 9, 2017, was posted on the bulletin boards at the Municipal Center and City Hall on October 6, 2017, by 5:00 p.m. and remained so posted until after the meeting. This notice was likewise posted on the City s website at for a minimum of 72 hours prior to the meeting. Garrett Langford, AICP Manager of Planning and Zoning City of Mesquite, Texas Page 2 of 2

3 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., SEPTEMBER 25, 2017, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Staff: Chairman Ronald Abraham, Vice Chairman Mike Potter, Commissioners Jennifer Vidler, Janice Bell, Sherry Williams, Sergio Garcia and Dharma Dharmarajan Manager of Planning and Zoning Garrett Langford, Assistant City Attorney Ileana Fernandez, Graduate Engineer Michael Zdansky, and Senior Administrative Secretary Devanee Winn Chairman Abraham called the regular meeting to order and declared a quorum present. I. APPROVAL OF THE MINUTES OF THE SEPTEMBER 11, 2017 MEETING A motion was made by Ms. Vidler to approve the minutes of the September 11, 2017, meeting. Mr. Potter seconded. The motion passed unanimously. II. TRAFFIC VARIANCES A. Consider a request by Justin Magness on behalf of Family Dollar for a traffic variance from City Ordinance #3791 Section to allow two driveways to decrease the minimum separation distance from 150 feet to 62 feet on property located at 1608 W. Bruton Road. Manager of Planning and Zoning Garrett Langford briefed the Commission on the reqested variance. Chairman Abraham asked if any Commission members had any questions for Staff. Ms. Vidler asked Graduate Enginer Michael Zdansky if the new left turn lane would ease some of the traffic. Mr. Zdansky answered yes that it would. Ms. Williams asked if there would be an entrance and exit. Mr. Langford answered yes that there would be 2 driveways. Mr. Abraham asked if the Applicant was present. Mr. John Flippo came up to answer any questions. Mr. Abraham asked if there would be enough parking spaces. Mr. Langford and Mr. Flippo answered yes. There were no other questions. Ms. Vidler made a motion to approve. Ms. Williams seconded and the motion passed unamiously. III. PUBLIC HEARINGS A. Public hearing and consideration of a replat of Sherwood Forests No.1, Lot 186 and part of Lot 185, submitted by Nancy Garcia, located at 439 Old London Lane, (Sherwood Forests No. 1, Lots 185-R and 186-R). Manager of Planning and Zoning Garrett Langford briefed the Commission on the proposed replat. Staff recommended approval with the conditions 1-4 listed in Attachment 4 of the Staff Report. Chairman Abraham asked if any Commission members had any questions for Staff. Ms Vidler made a comment that Staff should find out what the Applicant has already started building on the property. Mr. Langford answered that Staff would follow up. Chairman Abraham opened for public hearing. No one came up to speak. Chairman Abraham closed the public hearing. Ms. Vidler made a motion to approve with Staff s conditions. Mr. Potter seconded and the motion passed unamiously. IV. DIRECTOR S REPORT A. Director s Report on City Council action on zoning items at their meeting on September 18, Mr. Langford briefed the Commission on City Council action taken at their September 18 th meeting which included the re-appointments and appointments of new members to the Commission. City Council also extended the Truck Moratorium for another 90 days.

4 There being no further business for the Commission, the meeting adjourned at 7:37 P.M. Ronald Abraham, Chairman

5

6 Attachment 1

7 Attachment 2

8 Attachment 2

9 FILE NO.: Z P&Z HEARING DATE: October 9, 2017 COUNCIL DATE: November 6, 2017 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: LOCATION: Srini Uyyalada Rezone to Commercial with a Conditional Use Permit to allow indoor recreation (animal rides) Town East Mall SITE BACKGROUND EXISTING LAND USE AND SIZE: The kiosk space is located on the second floor of Town East Mall just outside of Sears s entrance. The space includes a fenced-in area for the proposed animal rides. SURROUNDING LAND USE AND ZONING (see attached map): ZONING HISTORY: Town East Mall is located near the center of the Town East Retail and Restaurant Area (TERRA) overlay district. Land to the north, east, and west is zoned C, Commercial within the TERRA overlay. A variety of retail and entertainment uses are conducted in the mall and in nearby shopping centers. To the west across the highway lies North Mesquite High School, zoned R-2, Single Family Residential within the TERRA overlay. 1954: Annexed and zoned Residential 1966: Rezoned to C, Commercial 1996: Rezoned to C within TERRA overlay PLATTING: Town East Mall Phase 2, Block A, Lot 2 (Size of entire parcel is acres.) GENERAL: The applicant, Srini Uyyalada, is proposing to operate a business at a kiosk within Town East Mall that will offer henna tattoos (temporary tattoo) and motorized animal rides. The henna tattoo (temporary tattoo) portion of the business is allowed by right and does not require a Conditional Use Permit. When marking or tattooing is made permanently on the skin then it requires a Conditional Use Permit. The animal rides are classified as indoor recreational use which requires a Conditional Use Permit in the Commercial zoning district. The animal rides are small electric motorized vehicles that operate at around walking speed, 0-5 miles per hour. Pictures of the animal rides are provided in attachment 5. They are essentially power wheels in the shape of animals. The applicant currently operates animal rides at Collin Creek Mall in Plano, TX and at Willowbrook Mall in Houston, TX. The animal rides are intended for small children

10 STAFF COMMENTS and will be operated within a fenced-in area within the mall. There is no age limit to operate the rides; however children under the age of 5 must ride with their parents. The animal rides can operate at speeds up to 5 miles per hour; however, the speed is controlled by the business and not the rider. The applicant may have up to 10 animal rides. Mesquite Comprehensive Plan The subject property is located within the Town East Retail and Restaurant Area (TERRA) as designated in the Mesquite Comprehensive Plan. The Plan states the following for TERRA: TERRA is the major retail district for eastern Dallas County and the counties to the east, providing a concentration of retail, service and entertainment uses oriented primarily toward family services In order to regulate and restrict those uses which were considered problematic to the area s regional retail and entertainment role, a zoning overlay district was adopted in Uses which were targeted in the overlay include uses generating truck traffic or otherwise adding to area congestion; uses with visual or aesthetic characteristics not normally present in a retail-type area; and uses with characteristics disruptive to family- and customer-oriented retail and entertainment uses. Staff expects that the animal rides will be consistent with TERRA s role as a major retail and entertainment district. No impedance to a family atmosphere is anticipated. Mesquite Zoning Ordinance Sec : Review Criteria for Conditional Use Permits (Staff comments are provided in bold and italic.) 1. Existing Uses The Conditional Use will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. The animal rides will operate within a fenced-in area and are not free to roam the mall. It is not expected for the proposed use impede nearby businesses. Staff considers the proposed use to be consistent with the atmosphere of the mall. In the past, 2. Vacant Properties The Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Staff does not expect this proposed use to impact the development of any nearby property. 3. Services

11 Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Adequate utilities, access roads and drainage facilities exist for the site and are sufficient for accommodating the demands associated with the request for a Conditional Use Permit. 4. Parking Adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed uses. Adequate parking exists to serve all businesses in the mall. 5. Performance Standards Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff anticipates no disturbances to neighboring tenants as a result of the proposed use. The animal rides are battery powered and is not expected to create louder noises beyond the existing background noise within the mall. The proposed Conditional Use Permit to allow the animal rides is not expected to have a negative impact on the mall. The animal rides will provide another form of entrainment to families with small children while they are visiting the mall. The mall is well equipped to provide services and to contain all potential nuisances for the proposed use. RECOMMENDATIONS Staff recommends approval of the Conditional Use Permit with the following condition: 1. The animal rides shall be operated within a fenced-in area as designated by Town East Mall. PUBLIC NOTICE Notices were mailed to property owners within 200 feet of the property. As of the date of this writing, staff has not received any returned notices from property owners within 200 feet of the subject properties. ATTACHMENTS 1 Aerial Map 2 Public Notification Map 3 Zoning Map 4 Site Photos 5 Examples 6 Public Notice Response

12 ATTACHMENT 1: AERIAL MAP

13 ATTACHMENT 2: NOTICE MAP

14 ATTACHMENT 3 ZONING MAP

15 ATTACHMENT 4 SITE PHOTOS 2 nd Floor of the Mall Site Location

16

17 Attachment 5 - Examples Animal Rides

18 Example of henna temporary tattoo

19 Attachment 6 Public Response