PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue July 23, :00 P.M.

Transcription

1 PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue July 23, :30 P.M. To discuss the items on the regular agenda PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue July 23, :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 JULY 9, 2018 MEETING II. PUBLIC HEARINGS A. Conduct a public hearing and consider an application submitted by John Porizek, M/I Homes for a Zoning Change from GR General Retail to Planned Development Single Family Residential to allow a single-family subdivision on a property described as Tract 1 ( acres) and Tract 2 ( acres) in the Josiah Phelps Survey, Abstract No. 1157, City of Mesquite, Dallas County, TX, located at 4105 N. Belt Line Road and 4155 N. Belt Line Road (Z ). B. Conduct a public hearing and consider an application submitted by Travis Boghetich, Boghetch Law, PLLC, on behalf of Scyene Rodeo, Ltd. for a Zoning Change from Planned Development Townhomes #3817; Light Commercial, Commercial, and Planned Development Light Commercial #3753 within the Mesquite Arena Rodeo Overlay District (MA/RE) to Planned Development Light Commercial and Planned Development Residential within the Mesquite Arena Rodeo Overlay District (MA/RE) to allow a development with residential uses and commercial uses including retail, restaurant, entertainment, and indoor recreational uses on a property described as /- acres situated in the Daniel Tanner Survey, Abstract No and in the Job Badgley Survey, Abstract No. 74, City of Mesquite, Dallas County, Texas, located at 1900 and 2000 W. Scyene Road, and IH 635, 1703 and 1705 Rodeo Drive, 417 Rodeo Center Drive. (Z ). C. Conduct a public hearing and consider an application submitted by Patrick Roffino for a Zoning Change to amend Planned Development Office Ordinance No to allow additional uses on a property described as Club Estates 4, Block 15, Pt. Lot 1, City of Mesquite, Dallas County, Texas, located at 5115 N. Galloway Avenue (Z ). D. Conduct a public hearing and consider an application submitted by Maxwell Fisher with Masterplan for a Zoning Change from Commercial to Planned Development Commercial to allow a pawnshop on a property described as Casa Ridge Addition No. 1, Block A, Lot 4, City of Mesquite, Dallas County, Texas, located at 3701 Gus Thomasson Road (Z ).

2 E. Conduct a public hearing and consider a city initiated rezoning to repeal the existing Conditional Use Permit No for properties located at and IH 635 and to repeal the existing Conditional Use Permit No for property located at IH 635. The subject properties are described as being Lots 4R, 5R-1, 5R-2, and part of Lot 1R, Block A of the Oates Corner Retail Addition, and part of the adjacent tract in the Theophalus Thomas Survey, Abstract No. 1461, City of Mesquite, Dallas County, Texas and are located at 16160, and IH 635 (Z ). III. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on July 16, 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 July 23, 2018, was posted on the bulletin boards at the Municipal Center and City Hall on July 20, 2018 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

3 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., JULY 9, 2018, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Chairman Ronald Abraham, Jennifer Vidler, Debbie Anderson, Sergio Garcia Dharma Dharmarajan, Yolanda Shepard Absent Vice Chair Sherry Williams, Alternate Elizabeth Allen Staff: Director of Planning & Development Services Jeff Armstrong, Manager of Planning & Zoning Garrett Langford, Principal Planner Johnna Matthews, Planner Hannah Carrasco, Assistant City Attorney Cynthia Steiner, Senior Administrative Secretary Devanee Winn Chairman Ronald Abraham called the meeting to order and declared a quorum present. I. APPROVAL OF THE MINUTES OF THE JUNE 25, 2018 MEETING A. A motion was made by Ms. Vidler to approve the minutes. Ms. Anderson seconded. The motion passed unanimously. II. PLATS A. Consider and take action on a Preliminary Plat for Samuel Boulevard Business Park, submitted by Matthew Gardner, Halff Associates, Inc., on behalf of Prologis, on property described as acres situated in the Isaac Beeman Survey, Abstract No. 82, located at 5181Samuell Blvd, formerly 5151 Samuell Blvd. (PL , Samuel Boulevard Business Park, Block 3, Lot 1). Ms. Matthews briefed the Commission. Chairman Abraham opened for Staff questions. Ms. Vidler asked if there was a traffic impact study done. Ms. Matthews referred the question to Mr. Langford. Mr. Langford answered that a traffic impact study was not required, but Staff could asked for one to be done. Applicant approached the lectern and stated that engineering is requiring them to do a traffic impact analysis. There were no other questions. Ms. Vidler made a motion to approve with the 1-10 staff recommendations. Ms. Shepard seconded. The motion passed unanimously. II. PUBLIC HEARINGS A. Conduct a public hearing and consider an application submitted by Travis Boghetich, Boghetch Law, PLLC, on behalf of Scyene Road, Ltd. C/O Synerplex #510 for a Zoning Change from Planned Development Townhomes #3817; Light Commercial, Commercial, and Planned Development Light Commercial #3753 within the Mesquite Arena Rodeo Overlay District (MA/RE) to Planned Development Light Commercial and Planned Development Residential within the Mesquite Arena Rodeo Overlay District (MA/RE)to allow a development with residential uses (townhomes and zero-lot line homes) and commercial uses including retail, restaurant, entertainment, and indoor recreational uses on a property described as /- acres situated in the Daniel Tanner Survey, Abstract No and in the Job Badgley Survey, Abstract No. 74, City of Mesquite, Dallas County, Texas, located at 1900 and 2000 W. Scyene Road, and IH 635, 1703 and 1705 Rodeo Drive, 417 Rodeo Center Drive. (Z ). Manager of Planning & Zoning Garrett Langford briefed the Commissioners. Mr. Langford requested no action be taken on this case. Chairman Abraham opened the public hearing. No one came up to speak. Chairman Abraham closed the public hearing. B. Conduct a public hearing and consider an application submitted by Veronica Becerra on behalf of Kids Empire Dallas Mesquite, LLC., for a Zoning Change from GR,

4 General Retail to Planned Development General Retail with a Conditional Use Permit to allow indoor recreation on a property described as Towne Crossing, Block C, Lot 1, City of Mesquite, Dallas County, Texas, located at 3600 Gus Thomasson Road, Suite 125 (Z ). Mr. Langford briefed the Commission. Chairman opened for Staff questions. There were no questions for Staff. Chairman Abraham asked if the Applicant was available for questions. Applicant Veronica Becerra came up to speak. Ms. Becerra explained that this is going to be a parent/child type of indoor recreational playground. Family friendly kind of place. Ms. Vidler asked if the company was a franchise. Ms. Becerra answered yes. Chairman Abraham opened the public hearing. No one came to speak. Chairman Abraham closed the public hearing. A motion was made by Ms. Shepard to approve with Staff recommendations. Mr. Garcia seconded. The motion passed unanimously. C. Conduct a public hearing and consider an application submitted by Drive Time Car Sales, LLC for a Zoning Change from Planned Development - Light Commercial and Commercial to Planned Development Light Commercial and Commercial with a Conditional Use Permit to allow an automobile dealership for used vehicles sales with outdoor sales, display and storage on a property described as all being all of Lots Lots 5R- 1, and 5R-2, Block A of the Oates Corner Retail Addtion, and part of Lot 1R, Block A of the Oates Corner Retail Addition, and part of the adjacent tract in the Theophalus Thomas Survey, Abstract No. 1461, City of Mesquite, Dallas County, TX, located at IH 635 and IH 635 (Z ). Mr. Langford briefed the Commissioners. Chairman Abraham opened for questions. There were no questions for staff. Chairman Abraham opened for the Applicant to come up and answer any questions the Commission might have. Representing DriveTime Ryan Rickels came up to speak. Mr. Rickels gave a brief presentation. Mr. Rickels stated that all the conditions Staff has recommended will be easily met. Mr. Rickels stated that the one condition they have a problem with is condition number 9. DriveTime would like to take this condition out. DriveTIme would like to see 50% instead of 80 %. Mr. Dharmarajan asked if they the lease cars. Mr. Rickle answered no. DriveTime buys from the auctions. Mr. Dharmarajan asked if they buy damaged cars such as flood damage cars. Mr. Rickles answered no. There was discussion among the Commissioners and Mr. Rickle about what the average age of used cars and how many ears cars are lasting now. There was discussion about the economic change concerning used cars. Mr. Rickles asked if this is the forum to negotiate the condition number 9. Mr. Langford explained to the Commissioners that they may table this item for further consideration or they can reduce the percentage. Ms. Vidler states that she is in favor of Staff s conditions. There were no other questions. A motion was made by Ms. Vidler with the stipulation to reduce condition number 9 from 80% to 70%. Ms. Anderson seconded. Motion passed 4 approving and 2 dissenting. D. Conduct a public hearing and make a recommendation to City Council regarding zoning text amendments to Chapter 3-200, Use Regulations; Chapter 3-300, Development Standards; Chapter 3-400, Off-Street Parking and Loading; Chapter 3-500, Supplementary Use Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for indoor recreational uses. (ZTA ) Mr. Langford gave a brief presentation the zoning text amendments regarding indoor recreational facilities. Chairman Abraham opened for staff questions. There were no questions. Chairman Abraham opened the public hearing. No one came up to speak. Chairman Abraham closed the public hearing. A motion was made by Ms. Vidler to approve the text amendments. Mr. Garcia seconded. The motion passed unanimously.

5 E. Conduct a public hearing and make a recommendation to City Council regarding zoning text amendments to Chapter 3-200, Use Regulations; Chapter 3-300, Development Standards; Chapter 3-400, Off-Street Parking and Loading; Chapter 3-500, Supplementary Use Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations f or variety stores. (ZTA ) Mr. Armstrong briefed the Commission of the text amendments for variety stores. Chairman Abraham opened for discussion and questions. Mr. Dharmarajan asked if the already existing variety stores would be grandfather in. Mr. Armstrong answered yes they will become nonconforming uses. Mr. Dharmarajan asked if the stores were to upgrade and/or refurbish their stores would that trigger the ordinance to be put in place. Mr. Armstrong answered typically no. Mr. Armstrong explained that the zoning ordinance has a whole section for nonconforming uses. If the store wants to repaint, maintenance, plumbing, mechanical, or redesign the inside of the store by moving stuff around that would not trigger the ordinance, however; if the store wants to change square footage, expand, grow their foot print, that would trigger the new ordinance. Mr. Garcia asked if stores that do not sell food considered variety stores. Mr. Armstrong answered yes, selling food does not dictate what is considered a variety store. Mr. Garcia asked if this new ordinance will flood us with a lot of retail type stores that will have to jump through a lot of hoops because they sell inexpensive items, but they do not sell food. Mr. Armstrong answered no. Mr. Armstrong explained retail stores fall under all different kinds of categories such as toy stores, shoe stores, and large box stores that are not affected by this ordinance. Mr. Armstrong stressed that the City of Mesquite is not going to discriminate against one particular store. Mr. Armstrong explained that is the reason for the definition of the grocery store. Ms. Vidler wants to make sure that the City does not limit the citizens or the developers that want to come to Mesquite will have options and not limited to one option. Ms. Vidler thinks that the change is good. Assistant Attorney Cynthia Steiner needed clarification of the definition of pre-packaged food. Mr. Armstrong answered typically foods that are prepared somewhere else, put into a package and/or sealed packaged and then sold in the package. Ms. Steiner asked if that is considered fresh food. Mr. Armstrong answered not always. Mr. Armstrong explained the different types of pre-packaged food such as the frozen vegetable type or the canned type. Ms. Shepard asked if package is salad considered fresh. Mr. Armstrong explained what is and what is not fresh pre-packaged food and that sometimes interpretations will have to be made. Mr. Armstrong explained Planners sometimes have to rely on the interpretations of a certain item. There were no other questions for staff. Chairman Abraham opened for public hearing. No one came to speak. Chairman Abraham closed the public hearing. A motion was made by Jennifer Vidler to approve. Ms. Shepard seconded. The motion passed unanimously. III. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on July 2, Mr. Langford briefed the Commission on the Planning & Zoning actions taken at the City Council Meeting. There being no further items before the Commission, the Chairman adjourned the meeting at 8:30 p.m. Chairman Ronald Abraham

6 REQUEST FOR ZONING RECLASSIFICATION PLANNING AND DEVELOPOMENT SERVICES FILE NO.: Z P&Z HEARING DATE: July 23, 2018 COUNCIL DATE: August 20, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: John Porizek, M/I Homes Rezone from General Retail to Planned Development Single Family Residential to allow a single-family subdivision. LOCATION: 4155 N. Belt Line Road and 4105 N. Belt Line Road SITE BACKGROUND EXISTING LAND USE AND SIZE: SURROUNDING LAND USE AND ZONING (see attached maps): The approximately /- acres is undeveloped. North: Retail zoned General Retail East: Residential (Town of Sunnyvale) South: Duplex zoned PD Duplex #1299. West: Single-family homes zoned PD Single Family Residential #1339. ZONING HISTORY: 1971: Annexed and zoned Residential, R : Rezoned to General Retail PLATTING: GENERAL: Unplatted. The applicant is requesting a rezoning of the subject property to allow construction of a single-family subdivision that will consist 60 rear-entry, singlefamily homes on 35-ft wide lots (Attachment 4 Concept Plan). In addition, the applicant as part of the Planned Development (PD) is requesting modified development standards (Attachment 5 Development Standards). The table below shows how the modified standards compare to the Mesquite Zoning Ordinance s (MZO) standards for R-3, Single Family Zoning. Table 1: Proposed Deviations from City Standards Regulation R-3 Proposed Living Space Min. 1,500 sf. 1,500 ft. Lot Size 7,200 sf. 3,500 sf. Lot Width 60 ft. 35 ft. Lot Depth 110 ft. 100 ft. Front Setback 25 ft. 10 ft. / 20 ft. Rear Setback 25 ft. 20 ft. Interior Setback 5 ft. 5 ft. Exterior Setback 10 ft. 5 ft. Max Lot Coverage 45% 70% Maximum Height 2.5 stories / 35 ft. 36 ft. Open Space N/A 11.5 % Masonry Minimum 90% 90% facing street 70% overall

7 ZONING RECLASSIFICATION FILE NO.: Z Page 2 If the approved, the proposed development will follow the standard requirements in the MZO and Mesquite City Code except for those requirements specified in the approved Development Standards and Concept Plan. The proposed Development Standards also include amenity and design standards that are not typically required by the MZO for a single-family development. The proposed standards listed below are noteworthy. Alternating Façade: The proposed PD includes a provision that states the same façade cannot be repeated within four lots of each other and not directly across the street. Open Space: The proposed PD would include 11.5% open space that will be landscaped and maintained by a Homeowner s Association. STAFF COMMENTS Traffic, Infrastructure and Fire Staff from Traffic Engineering, Engineering and Fire Marshal s office have reviewed the Concept Plan. If the request is approved, then the proposed development will be required to follow the standard included in the PD Development Standards and the Concept Plan along with all applicable development standards regarding drainage, emergency access, traffic, and infrastructure. Infrastructure: Water and sanitary sewer are available to the subject property and are adequate to serve the proposed development. The proposed Concept Plan shows that it will meet the minimum standards for the streets and alleys. If approved, the applicant will be required to provide a detailed drainage analysis and make necessary improvements to ensure compliance with the City s drainage ordinance. The applicant has requested two deviations from the City s requirements. A reduction in the screening wall from 8 feet to 6 feet, and that the trail along Barnes Bridge be constructed at 6 feet in width as opposed to 8 feet in width. Traffic: Based on the number of dwellings proposed, a Traffic Impact Analysis will not be required. Traffic Engineering will require the proposed development to install a left-turn lane on Barnes Bridge which is shown on the Concept Plan. There is an existing left-turn lane on N. Belt Line Road that while is substandard will be adequate to serve the proposed development along with the existing developments in the area. Mesquite Comprehensive Plan The Mesquite Comprehensive Plan designated the subject property as General Business with the IF, Infill Residential Option. The Plan states that the general business designation includes undeveloped parcels which are currently zoned for nonresidential use. Those parcels which can be considered excess retail zoning and which are in locations that could accommodate residential development are designated with an IF notation on the Land Use Plan. The Plan further states that to assure compatibility with existing, adjacent subdivisions, lots should be of the same minimum size as the existing neighborhood and home sizes should begin at the average size of the existing homes. Analysis

8 ZONING RECLASSIFICATION FILE NO.: Z Page 3 The subject property has been zoned for General Retail since 1971 and has never been developed for a nonresidential use. Due to an apparent lack of market interest for a retail development, rezoning the subject property to a residential zoning district may be appropriate as envisioned by the Plan. The Plan has recognized that the subject property may be more suited for a residential development given its designation of IF, Infill Residential Option, on the City s Land Use Plan. The Plan states that rezoning a nonresidential zoned property to residential zoning should be evaluated based on how compatible the proposed development will be with existing nearby subdivision(s). The Plan further states to assure compatibility with existing, adjacent subdivisions, lots should be of the same minimum size as the existing neighborhood and home sizes should begin at the average size of the existing homes. For determining compatibility with the rezoning request, staff used the subdivision that is the closest and shares a property line with the subject property. That subdivision is immediately to the west of the subject property and is known as Meadowdale No. 2. This subdivision was built in 1977 and consists of 220 single-family lots within 56 acres resulting in a gross density of approximately 3.92 dwellings per acre. The typical lot size in this subdivision ranges from 7,200 square feet to 7,500 square feet with an average minimum living space of 1,500 square feet. The proposed PD offers a single-family development with standard size housing on smaller lots with some amenities. As identified in the Plan, the subject property warrants consideration for rezoning from nonresidential to residential provided that it is compatible with adjacent subdivisions. A development with smaller lot sizes could provide an appropriate transition between the Meadowdale No. 2 subdivision and Belt Line Road, a major arterial road. However, the Plan states that to ensure compatibility with existing, adjacent subdivisions, lots should be of the same minimum lot size as the existing neighborhood. The proposed development does not meet this criteria. As a result, in keeping with the Plan s stated criteria, staff does not recommend approval of the request. RECOMMENDATIONS Staff recommends denial of the request. PUBLIC NOTICE Notices were mailed to property owners within 200 feet of the property. As of the date of this writing, staff has received two notices in favor of the request, four opposed and one undecided. ATTACHMENTS 1 Aerial Map 2 Public Notification Map 3 Zoning Map 4 Concept Plan 5 PD Standards 6 Site Pictures 6 Returned Notices

9 ZONING RECLASSIFICATION FILE NO.: Z Page 4 Attachment 1 Aerial Map

10 ZONING RECLASSIFICATION FILE NO.: Z Page 5 Attachment 2 Notification Map

11 ZONING RECLASSIFICATION FILE NO.: Z Page 6 Attachment 3 Zoning Map

12 ZONING RECLASSIFICATION FILE NO.: Z Page 7 Attachment 4 Concept Plan

13 ZONING RECLASSIFICATION FILE NO.: Z Page 8 Attachment 5 PD Standards

14 ZONING RECLASSIFICATION FILE NO.: Z Page 9

15 ZONING RECLASSIFICATION FILE NO.: Z Page 10 Attachment 6 Returned Notices

16 ZONING RECLASSIFICATION FILE NO.: Z Page 11

17 ZONING RECLASSIFICATION FILE NO.: Z Page 12

18 ZONING RECLASSIFICATION FILE NO.: Z Page 13

19 ZONING RECLASSIFICATION FILE NO.: Z Page 14

20 ZONING RECLASSIFICATION FILE NO.: Z Page 15

21 ZONING RECLASSIFICATION FILE NO.: Z Page 16

22 ZONING RECLASSIFICATION FILE NO.: Z Page 17

23 ZONING RECLASSIFICATION FILE NO.: Z Page 18

24 MEMORANDUM TO: FROM: Planning and Zoning Commission Garrett Langford, AICP, Planning and Zoning Manager DATE: July 20, 2018 SUBJECT: Z (Iron Horse) The applicant for rezoning case number Z needs additional time to make changes to their proposal before presenting it to the Planning and Zoning Commission. As a result, the applicant is requesting that this item be postpone until the August 13, 2018, Planning and Zoning Commission Meeting. The public hearing should be opened to allow for comment. Garrett Langford, AICP Manager of Planning and Zoning Z

25 FILE NO.: Z P&Z HEARING DATE: July 23, 2018 COUNCIL DATE: August 20, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Patrick Roffino, Roffino Construction Amend the current Office-Planned Development (O-PD); Ordinance No. 2042, to allow for additional uses, including beauty salons, restaurants, computer repair stores, retail (clothing, cell phones and eye glasses); and to allow the owner/tenant of a suite to live in a portion of the suite as a live/work unit. LOCATION: 5115 N. Galloway Ave., Suites 202, 204, 301, 302 and 303. SITE BACKGROUND EXISTING LAND USE AND SIZE: The subject property includes approximately 1.5 acres of land and is currently developed with two multi-tenant buildings, with multiple owners. Each tenant space (suite) is owned separately in fee simple. (Due to a taking by TxDot for the widening of IH-635, the property is less than 1.5 acres. However, Staff does not have specific details regarding the amount of land that remains). SURROUNDING LAND USE AND ZONING (see attached map): North: SS Service Station, Exxon; and GR General Retail, undeveloped South: SF-PD Single Family Residential Planned Development, duplexes East: IH-635 West: GR General Retail, Kwik Kar Lube and Tune ZONING HISTORY: 1954: Annexed and zoned Residential 1964: R-3 Single Family zoning established 1984: Zone change to O-PD PLATTING: Club Estates 4, Block 15, Pt. Lot 1 GENERAL: The applicant is proposing an amendment to Ordinance No in order to add additional uses as permitted uses, including live/work units, on the 1.5 acre site. The Gus Thomasson Corridor Revitalization Code defines a live/work unit as a mixed use unit consisting of a commercial and residential function. The commercial function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity or industry. It typically has a substantial commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominately as work space with incidental residential accommodations that meet basic habitability requirements. According to the

26 STAFF COMMENTS applicant, amending the PD Ordinance No to allow such a use and other commercial uses would give a young professional the opportunity to reduce his/her living expenses. The proposed PD amendment will affect Suites 202, 204, 301, 302 and 303. In 1984, the subject property, inclusive of the property to the south; now developed with duplexes, was undeveloped and included approximately 7.5 acres of land. On July 2, 1984, the subject property was rezoned to O-PD, Office-Planned Development, while the remainder was rezoned to a Planned Development to allow for the construction of duplexes. The subject property is developed with two multi-tenant buildings, with each tenant space owned separately in fee simple. According to the approved site plan, a third multitenant building was to be constructed; however, was never constructed. All buildings included a total of 6,500 square feet of first floor area and 1,400 square feet of space identified as loft space, for a total of 7,900 square feet for each building. The site plan illustrated a total of 79 parking spaces. Multiple variances and revisions were approved to the site plan which resulted in reductions in the square footage of the third building (which was not constructed), modifications to the parking layout at the south side of the property, an additional drive approach onto Galloway Avenue, parking in the front yard setback, which was not permitted during that time. The building closest to Oates Drive includes four suites; Suites 301, 302, 303 and 304. According to the applicant Suites 302 and 303 are the only suites which include a loft space upstairs and both suites are currently vacant. According to the applicant the loft spaces include 500 square feet each. The second building includes five suites; Suites 202, 203, 204, 204 A and 204 B. The only suites involved in the proposal for the PD amendment are Suites 202, 204, 301, 302 and 303. All occupied suites are occupied by office uses such as doctor s offices, inhome care offices, court reporters, etc. Currently, there are two existing drive approaches onto Galloway Avenue and one drive approach onto Club Estates Place. There are a total of 49 striped parking spaces. Due to the proposed expansion of IH-635 by TxDot, several parking spaces along the property s frontage no longer exist and the expansion may affect the number of drive approaches onto Galloway Avenue. Mesquite Comprehensive Plan The Mesquite Comprehensive Plan designates this area as being located within the Neighborhoods-Retail Limitation designation. The intent of the aforementioned designation is for small-scale retail and personal services offering only those goods which are used most frequently as a convenience to the immediately surrounding residents, as opposed to offering a full range of business services.

27 Analysis The existing O zoning district was established to accommodate professional, management, research and other similar office uses. Office uses require one parking space for each 300 square feet of floor area. Based on the site plan provided by the applicant, each building includes 6,447 square feet, with each tenant space ranging in size from 1600 square feet to 1900 square feet, according to the applicant. Introducing additional uses to the site, as permitted uses, would change the onsite parking requirements. Pursuant to Section of the Mesquite Zoning Ordinance, whenever there is a change in use or when a building site is used for a combination of uses and/or multiple tenants, the parking requirement shall be the sum of the requirements for each type of use. The below table illustrates parking required for each proposed use: Land Use Beauty Salon Computer Repair Dwelling (Live/Work Unit) Restaurant Retail Parking Standard 1 parking space/each 250 sq. ft. 1 parking space/each 300 sq. ft. 2 parking spaces/dwelling unit 1 parking space/each 3 seats; or 1 parking space/100 sq. ft., whichever is greater 1 parking space/each 250 sq. ft. There are currently 49 existing, striped parking spaces on site. There is a paved area near the entrance onto Club Estates Place which could accommodate an additional 11 parking spaces as indicated on the site plan and an opportunity for an additionally 3 parking spaces in a grassy area near the south side of the property; for a total of 63 parking spaces. The grassy area of the site where the third building was proposed could accommodate additional parking. However, the applicant has indicated the desire to build the third building in the future. Future development of the third building may be restricted due to current parking, landscaping and lot coverage requirements. RECOMMENDATION Due to the parking demands for a restaurant, Staff is unable to recommend approval of a restaurant at this location. Staff recommends approval of the following uses and the following conditions: 1. Retail to include stores that provide clothing, cell phone and eyeglass sales only 2. Computer repair 3. Beauty salon 4. Live/work unit o Units shall be retrofitted to meet the requirements of a dwelling unit including living, sleeping, kitchen and bathroom facilities. 5. Site Plan review by the Development Review Committee for the parking lot expansion is required prior to the issuance of a Certificate of Occupancy (CO) for a new use. 6. All parking must be in place prior to the issuance of a CO for a new use.

28 PUBLIC NOTICE Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, Staff has received three returned notices; 1 in favor and 2 in opposition to the request. The two notices returned in opposition to the request are from a single property owner who owns two lots within 200 feet of the site. ATTACHMENTS 1 Aerial Map 2 Zoning Map 3 Public Notification Map 4 Site Plan (provided by applicant) 5 Site Photos 6 Returned Notices

29 ATTACHMENT 1 AERIAL MAP

30 ATTACHMENT 2 ZONING MAP

31 ATTACHMENT 3 PUBLIC NOTIFICATION MAP

32 ATTACHMENT 4 SITE PLAN

33 ATTACHMENT 5 SITE PHOTOS Photo of the subject property looking at the two existing buildings taken on the north side of Galloway Avenue. Photo taken onsite looking at parking in front of the building which no longer exists due to the proposed expansion of IH-635 by TxDot.

34 Additional parking that no longer exists due to the proposed expansion of IH-635 by TxDot. Photo taken on site looking at grassy area where third building is proposed in the future.

35 Photo taken on site near the drive approach onto Club Estates Place. Club Estates Place entrance.

36 Photo of grassy area onsite where 3 parking spaces are proposed on the site plan. Photo of grassy area on site, and identified on the site plan as including 2 parking spaces. However, area appears to be offsite. ATTACHMENT 6 RETURNED NOTICES

37

38

39

40 FILE NO.: Z P&Z HEARING DATE: July 23, 2018 COUNCIL DATE: August 20, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: LOCATION: SITE BACKGROUND Maxwell Fisher, Masterplan Rezone from Commercial to Planned Development Commercial Gus Thomasson EXISTING LAND USE AND SIZE: SURROUNDING LAND USE AND ZONING (see attached map): The subject property is an approximately 2,750-square foot lease space located in a retail strip center that is zoned Commercial. North Land Use Apartment Homes Zoning Multifamily - Planned Development MF-PD No South Shopping Center C Commercial East Shopping Center GR General Retail West Undeveloped C Commercial ZONING HISTOY 1954: Annexed and zoned Residential 1956: Zoning changed to Local Business 1964: Zoning changed to Commercial PLATTING: Casa Ridge Addition, Lot 4, Block A GENERAL: The applicant is requesting a rezoning to Planned Development Commercial (PD-C) to make an existing pawnshop (Uncle Dan s Pawn) a conforming use and thereby allowing it to expand. Pawnshops are permitted by right only within the Industrial Zoning District. Uncle Dan s Pawn is proposing to expand into an adjacent 2,750 square-foot lease space that has recently became vacant. The proposed expansion would result in a total of 5,500 square-feet of floor area. According to the applicant s letter of intent, Uncle Dan s Pawn provides in-store and online retail sales and purchase of items such as jewelry, high-end electronics, firearms and sporting good equipment, musical instruments, tools and other collectibles. Uncle Dan s Pawn also offers short-term pawn loans. The applicant currently employ s five people and the expansion will expand employment by two or three. The hours of operation will remain as is: Monday to Friday, 9 a.m. 7 p.m., Saturday 9 a.m. 6 p.m., and closed on Sunday s. The lease space is located in a retail strip center among multiple tenant occupancies of varying retail uses.

41 STAFF COMMENTS Mesquite Comprehensive Plan The Mesquite Comprehensive Plan designates the subject property as Retail and Business Services. The Plan describes the intent of the Retail and Business designations in the Development Areas as follows: The General Business designation is utilized in both the Community Areas and the Development Areas to designate areas primarily providing services to residents of the surrounding sectors of the City. In the Development Areas, this designation is used to indicate locations where business use is appropriate, but where the relationship to neighborhoods warrants a more limited business scope. The designation is generally assigned along the fringe of the Development Areas, indicating that goods and services should be oriented to the surrounding community, although some regional services may be included. The community orientation means that certain types of uses acceptable in other parts of the Development Areas will not be appropriate in these locations. Uses which are generally not appropriate in these locations include entertainment/recreation, highway related uses, outdoor display lots and outdoor storage yards. Zoning Ordinance Sec : Nonresidential Districts Established and Purpose The Mesquite Zoning Ordinance (MZO) describes the purpose of the Commercial designation: The Commercial district is established to accommodate a wide variety of commercial uses and to have general application as a highway service district. Zoning Ordinance Sec : Nonconforming Uses A. CONTINUATION A nonconforming use may be continued as it exists, unless it is terminated under the provisions of 1-304, but shall not be changed or improved unless otherwise authorized herein, provided however that minor repairs, alteration, renovation, or reconstruction shall be permitted to keep the property in sound condition. No enlargement, extension or major reconstruction shall be permitted. Analysis State law states that cities must designate pawnshops, which have been licensed to transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code, as a permitted use in one or more zoning classifications. Cities may not impose a conditional use permit requirement or any requirement similar in effect to a conditional use permit requirement on a pawnshop. This law was first enacted in In response to this state action, in March of 1992, City Council amended MZO to allow pawnshops by-right in every nonresidential zoning district except Office. In September of 1992, the ordinance was amended again to restrict pawnshops to Industrial zoning districts. Then in November of that year, the nonconforming section of the MZO was amended to provide an exception to allow expansion of nonconforming pawnshops. In August 2008, the provision to allow nonconforming pawnshops to expand was removed from the MZO.

42 It was determine in 1992 that pawnshops shall be only permitted the Industrial Zoning District away from our neighborhoods and shopping district where they would have the least negative impact on the community. Nonconforming pawnshops are entitled to continue in perpetuity, so long as the use is not discontinued. But they should not be permitted to expand and consume retail space better suited to meeting the needs and services of the surrounding area. Furthermore, the applicant s request of utilizing a Planned Development as a land use variance does not meet the integrity of what a PD is intended for. The applicant is not offering amenities or other benefits to the surrounding community within their request. RECOMMENDATIONS Staff recommends denial of the request to make the existing pawnshop conforming and to allow it to expand. 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 Letter of Intent 5 Property Owner Consent Letter & PD Conditions 6 Site Plan 7 Site Pictures

43 Attachment 1 Aerial Map

44 Attachment 2 Public Notification Map

45 Attachment 3 Zoning Map

46 ATTACHMENT 4 Letter of Intent

47 ATTACHMENT 5 Property Owner Consent Letter & PD Conditions Attachment 6 Site Plan

48 Attachment 7 Site Pictures

49

50 Vacant suite/ proposed expansion site

51 FILE NO.: Z P&Z HEARING DATE: July 23, 2018 COUNCIL DATE: August 6, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: City of Mesquite Repeal Conditional Use Permit No and Conditional Use Permit No LOCATION: IH 635, IH 635 and IH 635 SITE BACKGROUND EXISTING LAND USE AND SIZE: The properties are currently used as a car dealership with outdoor display of new and used vehicles. SURROUNDING LAND USE AND ZONING (see attached map): North of the subject property is a retail center with some outparcels. To the east, undeveloped property. Immediately to the south of the subject property is and IH 635 which used by Fenton Motors as their new car dealership. Further south are the Trophy Nissan dealerships. ZONING HISTORY: and IH 635: 1962: Annexed and zoned Residential 1970: Rezoned to Retail 1986: Rezoned to Light Commercial 1993 CUP approved for New and Used Car Sales 1994: CUP approved for New and Used Car Sales 2013: CUP approved for Used Car Sales 2017: CUP approved for Used Car Sales (Fenton Motor) IH 635: 1962: Annexed and zoned Residential 1970: Rezoned to Apartments with special permit for Townhomes 1983: Rezoned to PD Multi-family 1985: Rezoned to Light Commercial 1986: CUP approved for New Car Sales 2006: CUP approved for Used Car Sales (Driver Select) 2011: CUP approved for Used Car Sales PLATTING: Lots 4R, 5R-1, 5R-2, and Part of Lot 1R, Block A of the Oates Corner Retail Addition, and part of the adjacent tract in the Theophalus Thomas Survey, Abstract No Planning and Development Services Department Planning & Zoning Division Prepared by: Garrett Langford, AICP

52 ZONING RECLASSIFICATION FILE NO.: Z Page 2 GENERAL: Fenton Motors request for a Conditional Use Permit (CUP) to be able sell used cars at IH 635 is currently under consideration by City Council. Council has not approved this request out of concerns that Fenton Motors still has authorization (CUP) to sell used cars at 16160, and IH 635. To address this concern, Staff initiated the process to repeal the CUPs at 16160, and IH 635 for City Council s consideration. Fenton Motors currently sells used car sales at 16160, 16170, and IH 635. In 2017, Fenton Motors acquired and IH 635 and were granted a CUP for the outdoor display of used cars. They planned on using IH 635 for new car sales of Hyundai while using IH 635 for new car sales of Hyundai s luxury brand, Genesis. This plan was based on Fenton Motors presumption that they were going to have to vacate IH 635 due to an expiring lease. Earlier this year, however, Fenton Motors was able to purchase IH 635 and will not have to vacate their existing facility. As result, they are now planning on selling 16160, and IH 635. Their plan is now to use IH 635 to display their new car inventory while using IH 625 to display their used car inventory. To staff s knowledge, there is no buyer at this time for 16160, and IH 635. The CUP No issued for and IH 635 is limited specifically to Fenton Motors and may not be transferred. The CUP No at IH 635 is not limited to a specific user and may be transferred to another party. STAFF COMMENTS Should the City Council approve the repeal of CUPs No and 4510, the underlying zoning of Planned Development Light Commercial and Commercial would remain with no changes. Additionally, if any new business wanting to have outdoor display of new and/or used vehicles at 16160, or IH 635 would require approval of a new CUP. RECOMMENDATIONS Staff recommends approval with a condition that the repeal of CUPs No and 4510 will be enforced within 90 days of Council approval. 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

53 ZONING RECLASSIFICATION FILE NO.: Z Page 3 ATTACHMENT 1: AERIAL MAP

54 ZONING RECLASSIFICATION FILE NO.: Z Page 4 ATTACHMENT 2: NOTICE MAP

55 ZONING RECLASSIFICATION FILE NO.: Z Page 5 ATTACHMENT 3 ZONING MAP