PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue March 12, :00 P.M.

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1 PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue March 12, :30 P.M. To discuss the items on the regular agenda PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue March 12, :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 FEBRUARY 26, 2018 MEETING II. PLAT A. Consider and take action on a preliminary plat for Lone Star Acres, Block 1, Lot 1, submitted by Mike Hood, on property described as being acres in the Stephen White Survey, Abstract No. 567, Kaufman County, Texas, located east of FM 2932 and south of IH 20. (PL ) III. PUBLIC HEARINGS A. Conduct a public hearing and consider an application submitted by Donna Woodson for a Zoning Change to amend Planned Development Industrial No to allow the subject to be developed for a nonresidential use on a property described as being 1.79 acres in the Thomas J Sewell Survey, Abstract No. 1359, City of Mesquite, Dallas County, Texas, located at 2821 Newsom Rd (Z ). B. Conduct a public hearing and consider an application submitted by Game X Change for a Zoning Change from the GR General Retail zoning district to the GR General Retail zoning district with a Conditional Use Permit to allow used merchandise sales on a property described as Mall East Addition Phase II, Block 1, Lot 3R1, City of Mesquite, Dallas County, Texas, located at 1220 N. Town East Boulevard, Suite 100 (Z ). C. Conduct a public hearing and consider an application submitted by Les Pritchett for a Zoning Change from the GR General Retail zoning district to the LC Light Commercial zoning district with a Conditional Use Permit to allow indoor recreation in Suite 620 on a property described as Mall East Addition Phase II, Block 1, Lot 3R1, City of Mesquite, Dallas County, Texas, located at 1220 N. Town East Boulevard (Z ). D. Conduct a public hearing and consider an application submitted by Ryan Dykstra for a Zoning Change to amend Planned Development General Retail No to allow additional uses on a Page 1 of 2

2 property described as Samuel Park Farms Retail, Block A, Lot 2, City of Mesquite, Dallas County, Texas, located at 705 State Highway 352 (Z ). IV. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on March 5, 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 March 12, 2018, was posted on the bulletin boards at the Municipal Center and City Hall on March 9, 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 Page 2 of 2

3 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., FEBRUARY 26, 2018, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Chairman Ronald Abraham, Vice Chair Sherry Williams, Dharma Dharmarajan, Sergio Garcia, Yolanda Shepard, Alternate Debbie Anderson Absent Alternate Elizabeth Allen Staff: Manager of Planning & Zoning Garrett Langford, Assistant Senior City Attorney Cindy 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 FEBRUARY 12, 2018 MEETING A motion was made by Vice Chair Williams to approve the minutes. Mr. Dharmarajan seconded and the motion passed unanimously. I. ITEMS FOR INDIVIDUAL CONSIDERATION A. Conduct a public hearing and make a recommendation to City Council regarding zoning text amendments to Chapter 3-203, Schedule of Permitted Uses; Chapter 3-500, Supplementary Use Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for Heavy Load Vehicle Refueling. (ZTA ) Manager of Planning & Zoning Garrett Langford briefed the Commissioners regarding the zoning text amendments. The Commissioners discussed the proposed changes. Chairman Abraham opened public hearing. No one came up to speak and Chairman Abraham closed the public hearing. Ms. Vidler made a motion to approve as presented. Mr. Dharmarajan seconded and the motion passed unanimously. B. Consider and make a recommendation to City Council regarding amendments to Section the City of Mesquite Code pertaining to new and revised regulations for Heavy Load Vehicle parking at hotels. Mr. Langford briefed the Commissioners on the proposed changes to the City Code regarding the parking of heavy load vehicles at hotels. The Commissioners discussed the proposed changes and how that will impact the four existing hotels that have prior approvals to allow heavy load vehicle parking. It was the consensus of the Commission that those prior approvals be expired. A motion was made by Ms. Vidler to recommend that the City Council approve the language to strike the ability to request any heavy load vehicle parking at hotels and to expire the four existing approvals. Ms. Shepard seconded and the motion passed unanimously. III. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on February 19, Mr. Langford briefed the Commissioners regarding the City Council s adoption of new regulations for reception facilities in the zoning ordinance. There being no further items before the Commission, the Chairman adjourned the meeting at 7:35 pm. Chairman Ronald Abraham

4 FILE NO.: Lone Star Acres, Block 1, Lot 1 P&Z HEARING DATE: March 12, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: LOCATION: Mike Hood, Lone Star Shutters Preliminary Plat Located east of FM 2932 and south of IH 20 in Mesquite s Extraterritorial Jurisdiction. (Attachment 1 Location Map) SITE BACKGROUND EXISTING LAND USE AND SIZE: SURROUNDING LAND USE AND ZONING: Undeveloped property, acres The property is surrounded by undeveloped property to the north and to the west. To the east is a single family subdivision. To the south are nonresidential developments. GENERAL: The purpose of the proposed preliminary plat is to layout a single lot for a future nonresidential development. The subject property is located in the City of Mesquite s Extra-Territorial Jurisdiction. The property is not subject to the City s zoning requirements; however it is subject to Mesquite Subdivision Ordinance. STAFF COMMENTS Chapter 212 of Texas Local Government Code states that the Planning and Zoning Commission shall approve a plat when it satisfies all applicable regulations, which in this instances would be limited to the Mesquite Subdivision Ordinance. City staff from the Planning and Engineering Divisions have reviewed the proposed preliminary plat and find it to be in compliance with the Mesquite Subdivision Ordinance subject to the conditions listed in the following section. RECOMMENDATIONS Staff recommends approval with the following conditions: 1. The owner certificate and approval signature shall be placed on the final plat as shown in the Final Plat Checklist. 2. Remove the Kaufman County approval block and general notes from the final plat. 3. The final plat will not be released for filing until detailed engineering plans have been released for construction. Final Plat shall match proposed easements and ROW dedications shown in engineering plans. 4. The plat shall place the required MAINTENANCE AGREEMENT FOR DRAINAGE FACILITIES on face of plat. The current version is available at:

5 5. Plat should tie down property corners/iron rods found on the opposite side of the street (list streets) to verify width of the existing ROW. Please identify existing actual ROW widths based on these measurements and label on the plat. 6. Verify with the Engineering Division for dedication and ROW requirements for streets, alleys and other public infrastructure. Verification of existing ROW is needed in order to know if ROW dedication will be needed. The Kaufman County s Thoroughfare Plan calls for FM 2932 to be a 120 ROW. 7. During the Engineering process, the creek will need to be studied and the fully developed floodplain boundaries and elevations found. The boundary and elevations will need to be shown on Engineering Plans and Final Plat. 8. Limits of the ultimate (fully developed conditions) 100-year flood plain and floodway including water surface elevations shall be shown on the final plat. 9. The 100-year fully developed water surface elevation shall be shown at upstream, downstream and 300ft intervals along the creek on the plat, site plan. Reference for the source information for the 100-year fully developed water surface elevation shall be noted on the plat (such as new FEMA Revised FIS Dallas County Flood Study (adopted July 7, 2014)). 10. Finished floor elevations for all structures, including garages, for all lots within or adjacent to the 100-year floodplain and/or sag points shall be shown on the plat, site plan, drainage area map and grading plan. 11. Provide a drainage easement for the floodplain / open channel area. This drainage easement should include an additional 15 ft on both sides or 20 ft on one side of a open channel ditch (OR adjacent to the 100 year ultimate floodplain OR detention pond) for drainage maintenance access. The drainage maintenance portion of the drainage easement should be relatively unobstructed and flat (10H:1V). 12. The plat must show grid coordinates for two property corners. Grid coordinates must be referenced to a City GPS point. The grid coordinates must be in North American Datum (NAD) 83, Texas State Plane, North Central FIPS Zone An electronic copy of the Final Plat (without signatures) must be submitted to the Planning and Zoning Office on CD-ROM in AutoCAD 2006 or later in.dwg file format. The AutoCAD drawing must be in model-space. This electronic copy does not need a seal. ATTACHMENTS Attachment 1 Location Map Attachment 2 Proposed Preliminary Plat

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8 FILE NO.: Z P&Z HEARING DATE: March 12, 2018 COUNCIL DATE: April 2, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: LOCATION: Jennifer Keathly on behalf of Donna Woodson Amend the current Planned Development (PD) Industrial #1848 to allow the property to be developed for a nonresidential use Newsom Road SITE BACKGROUND EXISTING LAND USE AND SIZE: The subject property is 1.79 acres and has an existing single family house with a metal barn. SURROUNDING LAND USE AND ZONING (see attached map): To the north and to the east is a church zoned PD Office #3961. To the west and northwest are undeveloped parcels owned by a church that are zoned PD Industrial #1848. To the south across Newsom Rd is a single family subdivision that is zoned Single Family Residential. ZONING HISTORY: 1974: Annexed and zoned Agricultural 1982: Zoning changed to PD 1848 (PD-Industrial) PLATTING: GENERAL: Not currently platted. In 1982, the area (including the subject property) located between Newsom Road and East Glen Blvd were rezoned to PD Industrial #1848. The intent of the PD was for the properties located between Newsom Rd and East Glen Blvd to be developed for industrial uses. To reduce the incompatible impacts that the industrial uses might have on surrounding property particularly with the residential area to the south, the PD included a number of restrictions. This includes restricting any future uses on the site from accessing Newsom Road, requires a 200-foot setback for any development from Newsom Road, requires visual screening, a 6-foot berm with a 4 to 1 slope, and landscaping (the PD Ordinance is not specific on the type and extent of screening and landscaping); and requires all buildings to be 100% masonry construction. The industrial development never occurred in the area between East Glen Blvd and Newsom Rd. Large portions of this area were developed for a single family subdivision and two churches. Given the nonindustrial developments that have occurred in this area, the existing PD has become antiquated. The owner of the subject property is wishing to sell their property; however, it has generated very little interest from perspective buyers given the restrictions of the existing PD. The 200-ft setback restriction and prohibition on any future access to Newsom Rd makes the property undevelopable. The subject property at its deepest point is approximately 217 feet. The property owner is requesting to remove the PD restrictions that apply to the subject property and to establish appropriate land

9 STAFF COMMENTS uses for the subject property. There is no proposed buyer or developer at this time. Mesquite Comprehensive Plan The Mesquite Comprehensive Plan designates this area as being on the border of the East Glen Industrial District and a single-family residential area. The Comprehensive Plan mentions the existence of the current Planned Development restrictions as a buffer between industrial areas and adjacent residential areas to the south. Amending the PD designation would achieve the same result by allowing low intensity uses that would function as a buffer from any future anticipated industrial uses developed north of East Glen Blvd. Analysis Amending the existing PD to remove the 200-ft setback, screening, and access restrictions to Newsome Rd will be appropriate as long as it is only for low intensity land uses that would not adversely impact the neighborhood to the south. Staff proposes to amend the PD by removing the restrictions that apply to the subject property and by changing the zoning from PD Industrial to Office. This would allow the property to be developed as an office use while meeting the Office zoning district development standards. An Office zoning designation would provide a transition from the residences to the south to any future anticipated industrial uses developed to the north within the East Glen District while also allowing the property owner to develop their property. RECOMMENDATIONS Staff recommends approval of the request to eliminate the stipulations listed for Tract 4 on the subject property and rezone it to Office. PUBLIC NOTICE Notices were mailed to property owners within 200 feet of the property. As of the date of this writing, staff has received one returned notice in opposition from the property owners within 200 feet of the subject properties. ATTACHMENTS 1 Aerial Map 2 Public Notification Map 3 Zoning Map 4 Application 5 Site Pictures 6 Office Development Standards 7 Returned Public Notice

10 Attachment 1 Aerial Map

11 Attachment 2 Notification Map

12 Attachment 3 Zoning Map

13 ATTACHMENT 4 Application

14 Attachment 5 - Pictures View of the subject property from across Newsom Rd

15 Residential subdivision to the south.

16 Attachment 6 Development Standards

17 Attachment 7 Public Notice

18 FILE NO.: Z P&Z HEARING DATE: March 12, 2018 COUNCIL DATE: April 2, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Game X Change Conditional Use Permit to allow the sale of used video games, game consoles, movies, and handheld electronics. LOCATION: 1220 N. Town East Blvd., Suite 100 SITE BACKGROUND EXISTING LAND USE AND SIZE: This is an approximately 1,690-square foot lease space located in the Independence Plaza Shopping Center that is zoned General Retail and is currently vacant. SURROUNDING LAND USE AND ZONING (see attached map): The property is surrounded by General Retail and Commercial uses, with some residential uses across North Town East Boulevard to the north of the site. ZONING HISTORY: 1954: Annexed and zoned Residential 1979: Rezoned to General Retail PLATTING: GENERAL: Mall East Addition Phase II, Block 1, Lot 3R1 The applicant is requesting a Conditional Use Permit (CUP) to allow the sale of used merchandise at a retail store called Game X Change. According to the applicant s letter of intent, Game X Change purchases, trades, and sells new and used video games, game consoles, movies, and handheld electronics. The applicant indicated that up to 90% of their merchandise is previously owned. The lease space is located in the Independence Plaza Shopping Center among multiple tenant occupancies of varying retail uses. The suite space is located on the north end of the building that is situated on the west side of the subject property. The suite space is next to Jenny Craig Health Store. STAFF COMMENTS According to the Mesquite Comprehensive Plan, the subject property is located in one of Mesquite s as High Intensity Development Areas. The Plan describes development in these areas as concentrations of diversified, high intensity activities located in specified areas. The development areas are characterized by the highest levels of accessibility to transportation facilities within the city and provide adequate locations for more intense uses to preclude the necessity of locating such uses in lower density communities. Development Areas consist of the Regional Retail and Entertainment Corridor, Business Corridors, Central Mesquite, and Industrial/Business Parks. The Comprehensive Plan further designates the subject property as General Business. The Plan describes the intent of the General Business designations in the Development Areas as follows:

19 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. Mesquite Zoning Ordinance Sec : Review Criteria for Conditional Use Permits (Staff comments are provided below each criteria.) 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 subject property is surrounded by nonresidential uses. The surrounding nonresidential uses include offices, restaurants, general retail stores, medial, personal services, and grocery stores. The proposed use is consistent and compatible with surrounding nonresidential uses. The proposed use also conforms to the General Retail zoning of the subject property as well as to the Comprehensive Plan. 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 or redevelopment of any nearby property. 3. Services 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. The parking lot contains sufficient spaces to accommodate all currently operating businesses and including vacant suites. 5. Performance Standards

20 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 businesses as a result of the proposed use. Analysis The proposed Conditional Use Permit to allow the sale of used merchandise is consistent with the future land use designation of the Comprehensive Plan as well as the existing zoning district. The proposed business will be adjacent to multiple nonresidential uses and zoning districts and will be located within an existing strip center. Staff does not anticipate adverse impacts from the proposed use on the surrounding uses or properties. RECOMMENDATIONS Staff recommends approval of the request to allow the sale of used merchandise in a lease space located at 1220 Town East Blvd., Suite 100, with the following stipulations: 1. The used merchandise shall be limited to DVDs, CDs, IPods, mobile phones, video games, video game consoles, and handheld electronics. It shall not include the sale of any other used merchandise. 2. Merchandise display shall be orderly and similar in style and organization to typical displays at general merchandise and department stores. 3. No display of used merchandise shall be permitted outside the establishment. 4. All display merchandise shall be clean and operational. The display of severely damaged items is prohibited. 5. No signage advertising the sale of used merchandise shall be visible from outside the establishment. 6. All used merchandise shall be in its original packaging and shrink-wrapped. Handwritten labels shall not be used or permitted. 7. Previously owned merchandise shall be marked as pre-owned or pre-played. 8. The Conditional Use Permit is granted specifically to Hultquist Enterprises, Inc. and/or Game X Change. 9. The Conditional Use Permit cannot be subject to assignment, transfer or alienation. 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 Interior Picture Example 6 Site Pictures

21 Attachment 1 Aerial Map

22 Attachment 2 Public Notification Map

23 Attachment 3 Zoning Map

24 ATTACHMENT 4 Letter of Intent

25 ATTACHMENT 5 Store Interior Appearance

26 Attachment 10 Site Pictures

27 FILE NO.: Z P&Z HEARING DATE: March 12, 2018 COUNCIL DATE: April 2, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Les Pritchett, Urban Air Adventure Park Rezone from General Retail to Light Commercial with a Conditional Use Permit to allow an indoor recreational facility (trampoline park). LOCATION: 1220 N. Town East Blvd., Suite 620 SITE BACKGROUND EXISTING LAND USE AND SIZE: The Conditional Use Permit is for an approximately 30,000 square-foot lease space located in the Independence Plaza Shopping Center which is zoned General Retail and is currently occupied by a flooring store. SURROUNDING LAND USE AND ZONING (see attached map): The property is surrounded by General Retail and Commercial uses, with some residential uses across North Town East Boulevard to the northwest of the site. ZONING HISTORY: 1954: Annexed and zoned Residential 1979: Rezoned to General Retail PLATTING: GENERAL: Mall East Addition Phase II, Block 1, Lot 3R1 The applicant is requesting a rezoning to Light Commercial (LC) with a Conditional Use Permit (CUP) to allow an indoor recreational facility (trampoline park). The request includes a rezoning to Light Commercial as indoor recreation is not permitted in the General Retail (GR) zoning district with/without a CUP. It should be noted that the requested Zoning Change would allow the property to be used for any uses allowed by right in the LC zoning district. (See Mesquite Zoning Ordinance Section 3-203: Schedule of Permitted Uses (online) for a list of use permitted in the LC district. ) In summary, the LC zoning district would allow those uses allowed in the GR zoning district plus accommodate business activities of moderate intensity in community business areas and to provide for restricted commercial development in proximity to the freeways. According to the applicant s letter of intent, the use will consist of attractions, party rooms, party tables, concessions/café area (no alcohol), front desk/receiving area, restrooms, etc. The business will be open 7 days per week. During school, Monday-Thursday 3pm 8 pm, Friday 3pm 11 pm, Saturday 10 am- 11 pm and Sunday noon 8 pm. During summer or holidays, they may have extended weekday hours normally opening at 10 am. During normal hours, the park will be available for open jump as well as parties. It will also be available for private parties. The attractions will most likely consist of a trampoline dodge ball

28 STAFF COMMENTS court, climbing walls, ninja warrior course, ropes course, laser tag and other similar type attractions. The lease space is located in the Independence Plaza Shopping Center among multiple tenant occupancies of varying retail uses. The space is located in between Harbor Freight and Gold Beauty Supply on the south side of the shopping center (Attachment 6 Site Plan). Mesquite Comprehensive Plan According to the Mesquite Comprehensive Plan, the subject property is located in one of Mesquite s as High Intensity Development Areas. The Plan describes development in these areas as concentrations of diversified, high intensity activities located in specified areas. The development areas are characterized by the highest levels of accessibility to transportation facilities within the city and provide adequate locations for more intense uses to preclude the necessity of locating such uses in lower density communities. Development Areas consist of the Regional Retail and Entertainment Corridor, Business Corridors, Central Mesquite, and Industrial/Business Parks. The Comprehensive Plan further designates the subject property as General Business. The Plan describes the intent of the General 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 describes the purpose of the Light Commercial Zoning District: The LC district is established to accommodate business activities of moderate intensity in community business areas and to provide for restricted commercial development in proximity to the freeways. Analysis (Rezoning to Light Commercial) Rezoning the subject property to the LC zoning district will increase the number uses permitted right by 32 and would add an additional 20 uses (including indoor recreation) subject CUP approval. Attachment 7 includes a list of additional uses that would be permitted right and Attachment 8 shows the uses that would be permitted by Conditional Use Permit, if the

29 rezoning to LC is approved. Rezoning to the LC zoning district does not preclude any uses that are permitted by right in the GR zoning district. Rezoning to LC will also change the maximum building coverage from 30% to 50% and increase the allowable building height from 35 feet to 75 feet (attachment 9 shows development standards). The subject property is an 18 acre lot that consist of one free standing restaurant and four retail buildings that consist of retail, restaurant and personal service uses. The subject property is surrounded by retail and commercial uses. There are single family homes to the northwest of the subject property across N. Town East Blvd. To the south and to the east are multifamily developments. The subject property is not immediately adjacent to single family residential. There are some uses that are allowed in the LC zoning district that would be inappropriate for a shopping center such as the specialty contractors. Instead of rezoning to LC, staff suggests that it be rezoned to Planned Development (PD) with the base zoning of GR. Rezoning to a PD GR could allow the subject property to have indoor recreational uses subject to CUP approval without having to permit all the additional uses that are allowed by right in the LC zoning district. Mesquite Zoning Ordinance Sec : Review Criteria for Conditional Use Permits (Staff comments are provided below each criteria in bold.) 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 subject property is surrounded by nonresidential uses. Surrounding nonresidential uses ranging from gas stations, offices, restaurants, retail and personal services. The proposed indoor recreational use is compatible with surrounding nonresidential uses. The proposed use also conforms to the Comprehensive Plan designation for the area. 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 or redevelopment of any nearby property. 3. Services 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.

30 The parking lot contains sufficient spaces to accommodate all currently operating businesses and vacant suites. The subject property has over 800 parking spaces. 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 businesses a result of the proposed use. Analysis The proposed CUP to allow indoor recreational facility is consistent with the future land use designation of the Comprehensive Plan and will be compatible with the surrounding uses. The proposed indoor recreation use will be adjacent to multiple nonresidential uses and zoning districts and will be located within an existing strip center. Staff does not anticipate adverse impacts on the surrounding uses or properties. RECOMMENDATIONS Staff recommends rezoning the subject property from General Retail to Planned Development General Retail with the following stipulations: 1. The uses permitted shall be limited to those uses permitted by right in the General Retail zoning district provided that a Conditional Use Permit may be granted to allow indoor recreation facilities. 2. A Conditional Use Permit for indoor recreation is hereby approved with the following conditions: a. This Conditional Use Permit shall be limited to Urban Air Adventure Park and is not assignable or transferrable. 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 Floor Plan Unfinished 6 Interior Pictures from another location 7 Site Plan 8 Added Uses Permitted by Right by changing from GR to LC 9 Added Uses Subject to CUP Approval by changing from GR to LC 10 Development Standards for GR and LC 11 Site Pictures

31 Attachment 1 Aerial Map

32 Attachment 2 Notification Map

33 Attachment 3 Zoning Map

34 ATTACHMENT 4 Letter of Intent

35 ATTACHMENT 5 FLOOR PLAN

36 Attachment 6 Interior Pictures from another location

37 Attachment 7 Site Plan

38 ATTACHMENT 8 Added Uses Permitted by Right by changing from GR to LC Agricultural Services: SCI 074 and 075 Veterinary Services SIC 078 Landscape/Horticulture Services Construction: SIC Special Trade Contractors (HVAC, Painting, Electrical, Carpentering, Masonry) Utilities: SIC 497 Irrigation systems Retail: SIC 521 Lumber, Building Materials SIC 526 Retail Nurseries, Garden Supply SIC 5961 Catalog, Mail Order Houses SIC 5962 Automatic Machine Operators SIC 5963 Direct Selling Establishments SIC 5999a. Auction Room Services: SIC 701a. General Service Hotel/Motel SIC 7335 Commercial Photography SIC 7336 Commercial Art, Graphics Design SIC 7342 Disinfecting, Exterminating Services SIC 7349 Building Maintenance Services SIC 7352 Medical Equipment Rental SIC 7381 Detective, Guard, Armored Car Services SIC 7382 Security Systems Services SIC 7389 News Syndicates SIC 7384 Photofinishing Laboratories SIC 7542 Car Washes SIC 7632 Refrigeration, Air Condition Repair SIC 7629 Electrical Repair SIC 764 Reupholstery, Furniture Repair SIC 781 Motion Pictures Production SIC 782 Motion Pictures Distribution SIC 7922 Theatrical Producers SIC 7929 Bands, Other Entertainment SIC 833 Job Training, Vocational Rehabilitation SIC 835 Child Day Care Services SIC 836 d. Residential Care Institution SIC 839 Social Services, Not Elsewhere Classified

39 ATTACHMENT 9 Added Uses Subject to CUP Approval by changing from GR to LC Manufacturing: 1. SIC 27 Printing, Publishing and Allied Industries Ophthalmic Goods Photographic Equipment, Supplies Watches, Clocks Jewelry, Plated Ware Musical Instruments Toys, Sporting Goods Pencils, Artist's Materials Costume Jewelry, Notions Retail: 1. SIC 551 Motor Vehicle Dealers (New and Used) 2. SIC 5812 b. Restaurant holding a Food & Beverage Certificate with Private Club 3. SIC 5813 a. Private Club in conjunction with full-service hotel (Ord / ) Services: 1. SIC 701.b. Limited Service Hotels 2. SIC 7389 Business Services Not Elsewhere Classified 3. SIC 7389 c. Bail Bond Services (licensed under Texas Occupations Code) 4. SIC 793 Bowling Centers 5. SIC 7997 Membership Recreation Clubs 6. SIC 7999 Amusement, Recreation Services b. Indoor Facilities, Activities 7. SIC 864 Civic, Social, Fraternal Organizations a. If including commercial amusement and recreation Public Administration 1. SIC 9223 Correctional Institutions

40 Attachment 10 Development Standards

41 Attachment 11 Site Pictures Suite 620

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43 FILE NO.: Z P&Z HEARING DATE: March 12, 2018 COUNCIL DATE: April 2, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Ryan Dykstra, Vaquero Ventures Amend the current Planned Development ordinance #3872 to allow additional uses on the subject property. LOCATION: 705 State Highway 352 SITE BACKGROUND EXISTING LAND USE AND SIZE: The subject property is 4.89 acres and is undeveloped. The proposed rezoning request applies to the acres located along the front of the property. The subject property has split zoning with the back portion zoned General Retail and the front portion zoned Planned Development (PD) General Retail #3872. SURROUNDING LAND USE AND ZONING (see attached map): ZONING HISTORY: To the north and to the west is an electrical substation zoned PD Single Family. To the northeast is a single family subdivision zoned PD single family. To the east across SH 352 are medical office buildings zoned General Retail. To the south is a small strip center zoned General Retail Annexed and zoned Residential 1972 Zoning changed to General Retail 1982 Zoning changed to PD (1856) Single-Family 2007 Zoning changed to PD (3872) General Retail PLATTING: Samuel Park Farms Retail, Block A, Lot 2 GENERAL: The subject property was rezoned in 2007 to allow phase two of a small three building retail/office development. Phase one includes a small retail building to the south of the subject property that was built in In 2007, the subject property had two zoning designations with the zoning boundary running north & south through the middle of the property. The western edge of the tract is zoned General Retail while the eastern edge is zoned PD (1856) Single Family. The residential portion was rezoned to PD General Retail #3872 that allowed a limited number of General Retail uses. The PD was also approved with a concept plan (Attachment 5) showing where future buildings will be located on the site. The subject property has not been developed since the rezoning in 2007.

44 The applicant is requesting to amend the current PD Ordinance #3872 to allow additional retail uses on the subject property (Attachment 4). Specifically, the applicant is requesting to allow uses that are listed in the SIC A list of these uses are shown as Attachment 6. The applicant would also like to remove the concept plan from the PD. The applicant indicated that doing this will make the subject property more marketable. The applicant has not indicated an end user for the subject property nor have they proposed a new concept plan. The site has a major drainage feature along the west side of the property that will require an enclosed storm sewer system per the Mesquite s Drainage Ordinance. The development including site plan and all drainage improvements will be in accordance with the City of Mesquite Storm Water and Flood Protection Ordinance. The major drainage feature along the rear property will most likely limit development to the front of the property. Additionally, the Zoning Ordinance requires proper screening and sufficient setback from adjacent zoning designations to minimize any impact that a development might have on neighboring properties. STAFF COMMENTS Mesquite Comprehensive Plan According to the Mesquite Comprehensive Plan, the subject property is located in the Community Business Area North and is designated as low-density community area, which provides goods and services to the surrounding neighborhoods. These areas are generally not appropriate for highway-related uses, entertainment/recreational uses, uses with outdoor storage and outdoor sales, and display lots. Analysis The existing PD - General Retail zoning is consistent with the Mesquite Comprehensive Plan which designated the area for a low-density nonresidential uses that serve the surrounding area. Allowing more uses that are allowed in General Retail to be added to the PD would not conflict with the intent of the Comprehensive Plan or cause an adverse impact on nearby residential properties. Staff does not recommend removing the concept plan associated with the existing PD until the applicant provides a new concept plan that can be evaluated. In the following section, staff proposes additional uses that are permitted in General Retail zoning that are consistent with the intent of the Comprehensive Plan. Staff also proposes to remove stipulation #3 which states that the development should generally comply with the Community Appearance Manual. Removal stipulation #3 will require the development to fully comply with the Community Appearance Manual. RECOMMENDATIONS Staff recommends the following amendments to the PD Ordinance #3872. The new text is underlined and the text to be removed is strike through.

45 1. Development of the site shall conform generally to the concept plan, attached hereto as Exhibit B, and subject to the City s environmental and site development regulations. 2. Only uses that are classified under the following SIC codes shall be permitted: Retail: 523 Paint, Glass, Wallpaper 525 Hardware Store 54 Food Stores 553 Auto Supply Stores 56 Apparel, Accessory Stores 57 Furniture, Home Furnishings 58 Eating, Drinking Places 591 Drug, Proprietary Stores 594 Miscellaneous Shopping Goods Stores 5992 Florists 5995 Optical Goods Stores Finance, Insurance, Real Estate: Depository Institutions, Security & Commodity Services, Insurance Carriers, Agents & Brokers, Real Estate, Holding Companies Services: 722 Photographic, Portrait Studios 723 Barber Shop 724 Beauty Shop 7291 Tax Preparation Services 7299 Tanning Salon only 7334 Photocopying, Duplicating Services 80 Health Services 81 Legal Services 82 Educational Services 83 Social Services 87 Engineering, Accounting, Research, Management Services Except 5947, Gift, Souvenir Shops Except 61 Nondepository Institutions and 61a Alternative Financial Establishments 3. Architectural design, landscaping, and screening shall be consistent with the proposed Community Appearance Manual. PUBLIC NOTICE

46 Notices were mailed to property owners within 200 feet of the property. As of the date of this writing, staff has received a response from the owner of the subject property in favor of the request. Staff has not received any other responses. ATTACHMENTS 1 Aerial Map 2 Public Notification Map 3 Zoning Map 4 Application 5 Existing PD Concept Plan 6 List of Requested Uses 7 Site Pictures

47 Attachment 1 Aerial Map

48 Attachment 2 Notification Map

49 Attachment 3 Zoning Map

50 ATTACHMENT 4 Application

51 ATTACHMENT 5 Existing PD Concept Plan

52 ATTACHMENT 6 Requested Uses 52 BUILDING MATERIALS, HARDWARE, GARDEN SUPPLY 521 Lumber, Other Building Materials 523 Paint, Glass, Wallpaper Stores 525 Hardware Stores 526 Retail Nurseries, Garden Supply 527 Mobile Home Dealers 53 GENERAL MERCHANDISE STORES 531 Department Stores 533 Variety Stores 539 Miscellaneous General Merchandise Stores 54 FOOD STORES 541 Grocery Stores 542 Meat, Fish Markets 543 Fruit, Vegetable Markets 544 Candy, Nut, Confectionery Stores 545 Dairy Products Stores 546 Retail Bakeries 549 Miscellaneous Food Stores (except) a. Convenience Stores b. Outdoor Farmers Market c. Beverage Barns 55 AUTOMOBILE DEALERS, SERVICE STATIONS 551 Motor Vehicle Dealers (New & Used) 552 Motor Vehicle Dealers (Used Only) 553 Auto & Home Supply Stores 554 Refueling Stations a. Limited Fuel Sales (other than heavy load vehicles) b. Truck Stop c. Heavy load vehicle refueling 555 Boat Dealers 556 Recreational Vehicles, Utility Trailers 557 Motorcycle Dealers 559 Automotive Dealers, NEC 56 APPAREL, ACCESSORY STORES 57 FURNITURE, HOME FURNISHINGS 571 Furniture, Furnishings, except Appliances 5712 Furniture Stores 5713 Floor Covering Stores 5714 Drapery, Upholstery Stores 5719 Miscellaneous Home Furnishings 572 Household Appliance Stores 573 Radio, TV, Electronics, Music Stores 58 EATING, DRINKING PLACES 5812 Eating Places (except)

53 a. Drive-in Restaurants b. Restaurant holding a Food & Beverage Certificate with Private Club (Ord. 3922/ ) 5813 Drinking Place with Private Club (except) a. Private Club in conjunction with full-service hotel (Ord / ) 59 MISCELLANEOUS RETAIL 591 Drug, Proprietary Stores 592 Liquor Stores 593 Used Merchandise Stores/Antique Stores (except) (Ord. 3100) a. Pawnshops (Ord. 2831/ ; Ord. 2799/ ) 594 Miscellaneous Shopping Goods Stores 5941 Sporting Goods (including firearms) Bicycle Shops 5942 Book Stores 5943 Stationery Stores 5944 Jewelry Stores 5945 Hobby, Toy, Game Shops 5946 Camera, Photo Supply Shops 5947 Gift, Novelty, Souvenir Shops 5948 Luggage, Leather Goods Stores 5949 Sewing, Needlework, Piece Goods Stores 596 Non-Store Retailers 5961 Catalog, Mail Order Houses 5962 Automatic Machine Operators 5963 Direct Selling Establishments 598 Fuel, Ice Dealers 5983 Fuel, Oil Dealers 5984 Liquified Petroleum Gas Dealers 5989 Fuel Dealers, NEC 599 Retail Stores, NEC 5992 Florists 5993 Tobacco Stores 5994 News Dealers/Newsstands 5995 Optical Goods Stores 5999 Miscellaneous Retail, NEC (except) a. Auction Rooms b. Fireworks c. Gravestones, Monuments d. Pet Shops (Ord. 3848/1-2-07) e. Sales Barns, Flea Markets f. Swimming Pool, Spa Sales

54 Attachment 7 - Pictures View of subject property facing north View of subject property facing west

55 Existing building to the south Across SH 352