PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue August 28, :00 P.M.

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1 PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue August 28, :30 P.M. To discuss the items on the regular agenda PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue August 28, :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 AUGUST 14, 2017 MEETING II. PUBLIC HEARING A. Conduct a public hearing and consider a rezoning from Commercial to Commercial with a Conditional Use Permit to allow Withdrawn outdoor display for an automobile dealership selling new and used vehicles, submitted by Sean Morrissey on behalf of A MMC Realty, LLC on property described as Casa Ridge Heights 1, Block D, Tract 6, located at 2828 IH 30 (Zoning File No. Z ). (This item was postpone at the July 10, 2017, and August 14, 2017, Planning and Zoning Commission meetings.) B. Conduct a public hearing and consider a rezoning from North Gus Thomasson Corridor District to the North Gus Thomasson Corridor District with a Conditional Use Permit to allow a high school, submitted by Shubham Pandey, on property described as Casa Ridge Heights 16, Block A, Lot 3, located at 3200 Oates Drive (Zoning File Z ). C. Conduct a public hearing and consider a rezoning from Light Commercial and Commercial to Planned Development Light Commercial with a Conditional Use Permit to allow outdoor display for an automobile dealership selling new and used vehicles, submitted by Fenton Motors Group, Inc. on property described as Oates Corner Retail Addition, Block A, Lots 4R, 5R-2, Part of Lot 1R and part of the adjacent tract in the Theophalus Thomas Survey, Abstract No. 1461, located at and IH 635 (Zoning File No. Z ). D. Conduct a public hearing and consider 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 ).

2 III. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on August 21, 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 August 28, 2017, was posted on the bulletin boards at the Municipal Center and City Hall on August 25, 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

3 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., AUGUST 14, 2017, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Absent: Staff: Chairman Ronald Abraham, Commissioners Jennifer Vidler, Janice Bell, Sherry Williams, Sergio Garcia Vice Chairman Mike Potter and Dharma Dharmarajan Assistant Director of Planning and Development Services Jeff Armstrong, Planner Johnna Matthews, Planner Lauren Simcic, Senior Assistant City Attorney Cindy Steiner, Assistant Manager of Economic Development Kim Buttram, 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 JULY 10, 2017 MEETING A motion was made by Ms. Williams to approve the minutes of the July 10, 2017 meeting. Ms. Vidler seconded and the motion passed unanimously. II. WORKSHOP: TRUCK STOPS AND TRUCK-RELATED USES A. Receive a presentation on truck stops and issues pertaining to truck-related uses. B. Commission discussion and receive input from the public. Assistant Director of Development Services Jeff Armstrong and Assistant Manager of Economic Development Kim Buttram gave a presentation on the Truck Moratorium. Chairman Abraham opened it up for questions. Chairman Abraham asked about the truck parking at hotels. Mr. Armstrong explained that there are already ordinances in place for trucks parking at hotels. Ms. Vidler asked about the environmental impacts and are there studies being conducted regarding the issues. Mr. Armstrong explained that we are in process of researching the issues. Ms. Bell had an issue with who is going to monitor the hotel parking and the truck idling. Ms. Williams stated that there are issues with Fuel City and the trucks idling and no one to monitor to make sure the trucks are within the scope of the ordinances. No other Commissioner members had questions. Chairman Abraham opened up it for public comments. Ms. Nancy Felix commented that she has the same concerns as the Commission and had traffic concerns and the need for protection from trucks driving through residential neighborhoods around Skyline. Ms. Maria Hernandez also concerns about the truck traffic around Skyline. No one else came out to speak. Chairmen closed the public hearing. III. PUBLIC HEARINGS A. Conduct a public hearing and consider a rezoning from Commercial to Commercial with a Conditional Use Permit to allow outdoor display for an automobile dealership selling new and used vehicles, submitted by Sean Morrissey on behalf of A MMC Realty, LLC on property described as Casa Ridge Heights 1, Block D, Tract 6, located at 2828 IH 30 (Zoning File No. Z ). (This item was postpone at the July 10, 2017, Planning and Zoning Commission meeting.) Planner Johnna Matthews briefed the Commission on the request. Notices were sent out and 5 were returned, 2 in favor, and 3 opposed. Chairman Abraham opened for the Commission to ask staff questions. Ms. Vidler stated that she has received many complaints from people concerning, that if this is approved, then there will be a lot of test drivers speeding through their neighborhoods. Ms. Bell asked about the lighting and how it would affect the neighborhood. Ms. Bell wanted to know if the center block wall will be torn down and a concrete wall put up. Chairman Abraham added his concerns

4 about the center block wall and he would like a concrete wall put in place. Ms. Mathews stated that the center block wall will be torn down and also stated that the applicant is in attendance to answer questions. The applicant, Mr. Santos Martinez, came up to address the Commission. Mr. Martinez stated that the fence between the property and neighborhood will be replaced and they are going to plant trees along the fence line to act as a buffer for the neighborhood. Mr. Martinez stated that they are going to be very conscious of how they place the lighting. They do not want to be a nuisance to the neighborhood. Ms. Vidler stated that the neighborhood is very concerned about the speeders that would be test driving through the neighborhood. Chairman Abraham opened up for public hearing. Mr. Bruce Turner came up to speak. He opposes this due to the traffic that will be speeding through the neighborhood. No one else came forward. Chairman Abraham closed the public hearing. A motion was made by Mr. Garcia to approve the request. The motion was seconded by Ms. Williams. The vote was 3 to affirm and 2 to oppose. Mr. Armstrong informed the Commission that the Zoning Ordinance requires the item to be automatically continued to the next meeting due to the lack of 4 affirmative votes. IV. DIRECTOR S REPORT A. Director s Report on City Council action on zoning items at their meeting on July 17, Mr. Armstrong briefed the Commission on the July 17, 2017, City Council meeting. Council postpone the request to rezone property from R-1, Single Family Residential to Gr, General Retail located 440 E. Cartwright Road and 1836 Wilkinson Road and they approved the alternative screening request for a Commisory Kitchen at 4401 N. Belt Line Road. There being no further business for the Commission, the meeting adjourned at 8:31 P.M. Ronald Abraham, Chairman

5 REQUEST FOR ZONING RECLASSIFICATION PLANNING & DEVELOPMENT STAFF REPORT FILE NO.: Z P&Z HEARING DATE: August 28, 2017 COUNCIL DATE: September 18, 2017 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: LOCATION: Shubham Pandey, Meadow Oaks Academy Conditional Use Permit to allow a high school 3200 Oates Drive SITE BACKGROUND EXISTING LAND USE AND SIZE: The approximately 6.38 acre site is being used as a charter school serving middle to high school students; grades 6 through 9. SURROUNDING LAND USE AND ZONING (see attached map): ZONING HISTORY: Due to its configuration, the subject property surrounds 2 lots on their west, east and south sides. The lot on the western most side is currently undeveloped and is owned by the owner of the subject property. The lot on the eastern most side is developed with a gas station. Both properties are located within the North Gus Thomasson Corridor District (NGTC). On the north side of Oates Drive is an automobile repair shop and an auto parts retail store located within the NGTC District; west of the property is an undeveloped piece of property, also owned by the owner of the subject property and further west, an auto repair shop, both located within the NGTC District; southwest of the property is Casa View Heights 16, a single family subdivision located within the R 3 Single Family Residential District; east of the property is a City of Mesquite drainage channel, and further east, an undeveloped piece of property and Walgreens, both located within the NGTC District; and south of the property is a church located within the NGTC District. 1954: Annexed and zoned Commercial 1997: Planned Development General Retail Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

6 ZONING RECLASSIFICATION FILE NO.: Z Page : Zoned North Gus Thomasson Corridor (NGTC) PLATTING: Casa Ridge Heights 16, Block A, Lot 3 GENERAL: According to the applicant, Meadow Oaks Academy; a charter school, has been in operation since 1985 at 1412 S. Belt Line Road. In April of 2016, the applicant acquired the subject property to operate a charter school including elementary to middle school grade levels. However, the charter school currently serves middle through high school students, grades 6 9. According to the applicant, the school has operated a high school since the fall of Operation of a high school requires approval of a Conditional Use Permit (CUP) in the North Gus Thomasson Corridor District. During a Pre application meeting held with the applicant and the Development Review Committee (DRC) in May of this year, to discuss the addition of a gymnasium, Staff learned of the operation of a high school and advised the applicant of the need to obtain approval of a CUP. Prior to Meadow Oaks occupying the site, on April 13, 2016, a Preapplication meeting was held with the applicant and DRC to discuss the possibility of Meadow Oaks Academy operating an elementary and middle school at the subject property. Because the site had been unoccupied for more than three months, retrofitting of the site was required in order to conform with the requirements of the Gus Thomasson Corridor Revitalization Code, adopted in 2008 as one of the instruments for implemented the objectives of the adopted Casa View Heights Neighborhood Plan. Requirements of the Revitalization Code for the subject property include conformance with the Code s Infill Regulating Plan, which requires a 60 foot Commercial Street to be located east of the property to improve access and circulation to the interior of the property along with a 40 foot landscape corridor adjacent to the existing drainage channel. Additional requirements include architectural and landscape standards, and other special standards and requirements. A transition plan may be approved by the Director of Planning and Development Services for the retrofitting of the premises that allows the property owner a period of 5 years to achieve compliance. In 2016, discussions were had with the applicant about a transition plan and a transition plan was underway, but was never formalized. In November 2016, a site plan for Phase 1 was approved by Staff to allow improvements to the existing building for the elementary and middle school. A temporary certificate of occupancy was issued August 2016 to allow the charter school to open and operate from portable classrooms on site while improvements Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

7 ZONING RECLASSIFICATION FILE NO.: Z Page 3 STAFF COMMENTS were being made to the existing building. The site plan illustrated existing buildings to be used for elementary and middle school aged students, including associated parking spaces; building elevations which illustrated modifications to existing buildings to be more in compliance with the Revitalization Code. Based on a memo dated January 17, 2017 from the Director of Planning and Development Services to the applicant, future construction would be subject to a transition plan. Expansion of the school is proposed in the very near future. In year 2018, the school plans to serve 10 th 11 th grade students; and in year 2019, 12 th graders. Future improvements, including a 100 unit student housing complex for foreign exchange students, located on the adjacent lot to the west and a new gymnasium and 2 public promenades on the subject property are also proposed. A transition plan is currently under review by the Director of Planning and Development Services. Mesquite Comprehensive Plan According to the Comprehensive Plan, the subject property is located within the Neighborhood Sustainability Zone (NSZ); a Low Density Community Area. These areas are intended primarily for housing, but may accommodate elementary schools and parks in internal locations, preferably fronting on collector streets. Other nonresidential uses which might be permitted, such as churches and neighborhood retail, should be located on the periphery of the neighborhood along an arterial street. The Neighborhood Standards section of the Comprehensive Plan incorporates enhanced design features and amenities in the NSZ that promotes pedestrian scaled density. The provision of pedestrian friendly environments and the enhancement of neighborhood livability through visual and recreational opportunities, within the Low density Community Area are two of the design features promoted in the area. In keeping with the Comprehensive Plan, one of the main goals of the Revitalization Code is to create walkable, pedestrian oriented developments, with trails, enhanced sidewalks, and robust landscaping allowing residents to walk to various services in the area, with buildings closer to the street. Design is typically in favor of pedestrian movement and within walking distance of future public transportation. Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

8 ZONING RECLASSIFICATION FILE NO.: Z Page 4 Review Criteria Mesquite Zoning Ordinance Sec 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. According to the applicant, the property has been operating as a high school since the fall of It is not anticipated that the school will 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. 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. With the exception of the vacant property to the east, which is separated from the subject property by an existing variable width drainage channel, ranging from approximately 80 feet to 100 feet wide; all other immediately adjacent vacant properties are owned by the owner of the subject property. Services Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. A Traffic Management Plan was submitted by the applicant in 2016 for grades K 8, but did not address or include high school students. With the introduction of a high school, a Traffic Impact Analysis that includes 9 th 12 th grades will need to be reviewed and approved by the Traffic Engineering Department. A replat to add additional utility and drainage easements to the subject property is currently being reviewed by Staff. Through the platting process, Staff will ensure that adequate utilities and drainage facilities will be provided. Parking Adequate measures have been or will be taken to provide sufficient off street parking and loading spaces to serve the proposed uses. Parking requirements for schools subject to the Gus Thomasson Corridor Revitalization Code are determined by Warrant. A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of the Revitalization Code, but that is justified by its intent. Warrants are granted administratively by the Director. Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

9 ZONING RECLASSIFICATION FILE NO.: Z Page 5 Although the Revitalization Code supplants provisions of the Mesquite Zoning Ordinance as it pertains to regulations and land within the boundaries of the North Gus Thomasson Corridor District, for illustrative purposes, the below table indicates the number of parking spaces that would be required per the Mesquite Zoning Ordinance: Use Parking Spaces Required Number of Classrooms Parking Spaces Required Middle School 4 spaces/classroom High School 10 spaces/classroom Total Required: 168 Total Provided: 156 There are approximately 156 existing parking spaces on site. As the school continues to grow and expand, additional parking spaces may be required. It is important to note that the owner of the subject property owns two directly adjacent undeveloped properties and a total of approximately 10 contiguous acres adjacent to and including the school site. Expansion of parking facilities is easily attainable on adjacent properties with common ownership. 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. It is not anticipated that the operation of a high school at this location will constitute a nuisance of any kind. Analysis In 2016 Meadow Oaks Academy received approval to reuse an existing site that sat vacant for years; for the operation of an elementary and middle school. Since that time, the school has been operating as a middle school and a high school by providing a learning environment for 9 th graders. The school plans to expand in 2018 by providing a learning environment for 10 th and 11 th graders; and 12 th graders in year Their expansion goals also include the addition of a new gymnasium and a 100 unit student housing complex for foreign exchange students and 2 public promenades. The current property owner owns approximately 10 contiguous acres along Oates Drive, including the school site, 2 adjacent undeveloped properties and an approximately 0.3 acre site which is currently being used as an auto repair and tire shop. A transition plan is currently under review by the Director of Planning and Development Services to retrofit the site to be more consistent with the requirements of the Gus Thomasson Corridor Revitalization Code, where possible. With the introduction of a high school to the site, additional Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

10 ZONING RECLASSIFICATION FILE NO.: Z Page 6 improvements may be required based on the results of a Traffic Impact Analysis, to ensure that traffic continues to operate both safely and efficiently. RECOMMENDATION Staff recommends approval of the Conditional Use Permit to allow for the operation of a high school, subject to the following conditions: 1. A Traffic Impact Analysis which includes all grades served by Meadow Oaks Academy, including 9 th 12 th grades, must be submitted to and approved by the City s Traffic Engineering Department, prior to the issuance of a Certificate of Occupancy. 2. Compliance with any recommendations, restrictions and/or modifications recommended by Traffic Engineering is also required, prior to the issuance of a Certificate of Occupancy. PUBLIC NOTICE Notices were mailed to property owners within 200 feet of the property. No notices have been returned. ATTACHMENTS 1 Aerial Map 2 Public Notification Map 3 Zoning Map 4 Application 5 Site Photos Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

11 ZONING RECLASSIFICATION FILE NO.: Z Page 7 ATTACHMENT 1: AERIAL MAP Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

12 ZONING RECLASSIFICATION FILE NO.: Z Page 8 ATTACHMENT 2: PUBLIC NOTIFICATION MAP Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

13 ZONING RECLASSIFICATION FILE NO.: Z Page 9 ATTACHMENT 3: ZONING MAP Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

14 ZONING RECLASSIFICATION FILE NO.: Z Page 10 ATTACHMENT 4: APPLICATION Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

15 REQUEST FOR ZONING RECLASSIFICATION PLANNING & DEVELOPMENT STAFF REPORT Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

16 REQUEST FOR ZONING RECLASSIFICATION PLANNING & DEVELOPMENT STAFF REPORT ATTACHMENT 5: SITE PHOTOS Entrance into the site. Site interior looking towards existing buildings. Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

17 ZONING RECLASSIFICATION FILE NO.: Z Page 13 Rear yard of property looking at existing buildings. Eastern most property line looking at existing wrought iron fence and tree line. Planning and Development Services Department Planning & Zoning Division Prepared by: Johnna Matthews

18 FILE NO.: Z P&Z HEARING DATE: August 28, 2017 COUNCIL DATE: September 18, 2017 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Fenton Motors Rezone to a Planned Development Light Commercial with a Conditional Use Permit to allow the outdoor display of new and used vehicles. LOCATION: and IH 635 SITE BACKGROUND EXISTING LAND USE AND SIZE: The request consists of two parcels totaling in approximately 8 acres of land and IH 635 were previously used as a used car dealership by No Limit Motors which vacated the site earlier this year. SURROUNDING LAND USE AND ZONING (see attached map): North of the subject properties is a strip shopping center and other commercial uses. Further north are more new and used car dealerships. Across Wooded Lake is the Dallas Christian Schools property and a baseball facility. Immediately to the south of the subject properties is IH 635 that is currently used by Fenton Motors as their used car dealership in connection with their Hyundai dealership at and IH 635. Further south is 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 PLATTING: GENERAL: Oates Corner Retail Replat, Block A, Lots 4R, 5R-2 and part of Lot 1R and Theophalus Thomas Survey, Abstract No The applicant, Fenton Motors, currently operates a Hyundai dealership out of and IH 635 for new car sales while they use IH 635 as their used car sales facilities. Recently, Fenton Motors acquired and IH 635 in order to expand and move their operations. In the near future, Fenton Motors is

19 going undertake major renovations of and IH 635. After the renovations are completed, they want to use IH 635 for new car sales of Hyundai while using IH 635 for new car sales of Hyundai s luxury brand, Genesis. Fenton Motors will eventually vacate IH 635 which they are currently leasing. Fenton Motors would like to use IH 635 for used car sales and use IH 635 for some outdoor display of new and used vehicles but would mainly be used for storage and auto service. The proposed rezoning would change the zoning of and IH 635 to Planned Development Light Commercial with a Conditional Use Permit to allow new and used car sales (outdoor display). The Planned Development would allow the Conditional Use Permit for new and/or used as Light Commercial zoning does not allow used car only sales with a Conditional Use Permit. The property at IH 635 is currently zoned with Conditional Use Permit for used car sales only and it will need to be rezoned in order to the new Genesis dealership. The applicant will pursue a rezoning of and IH 635 at a later date once they finalize their plans for the renovations. The concept plan provided by this applicant is for illustrative purposes to show where the outdoor display will be located. The concept plan includes and IH 635 for illustrative plans but will not be included in the request Conditional Use Permit. STAFF COMMENTS Mesquite Comprehensive Plan The subject property is located within the LBJ North Business Corridor; a High Intensity Development Area. These areas incorporate frontages along freeways and highway corridors which provide the highest levels of regional accessibility and provide appropriate locations for a variety of business and commercial uses, serving both regional and community customers, as well as highway related uses serving travelers throughout the area. The Plan states that the area should continue as an appropriate location for the existing dealerships; however, further expansion of the outdoor display lots is not recommended. Analysis The subject property has been zoned to allow for an Outdoor Display Lot since 1993 for and IH 635. These were included in that area where the Plan recognized Outdoor Display lots were already allowed. The proposed PD and CUP would be consistent with the recommendations of the Comprehensive Plan. Conditional Use Permit Review Criteria Mesquite Zoning Ordinance Sec 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.

20 There are numerous car dealerships in the area. The expansion of an existing dealership with appropriate conditions should not impact adjacent properties or affect property values in the area. 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 use to impact the development of any nearby property. 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. 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 will need to be provided. This will be assured in the site plan review process. The proposed concept plan indicates a sufficient amount of parking for inventory, as well as, customer and employee parking. 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 properties as a result of the proposed use. RECOMMENDATIONS Staff recommends approval of the rezoning to Planned Development Light Commercial with following stipulations: 1. The uses permitted shall be limited to those uses permitted by right in the Light Commercial zoning district provided that a Conditional Use Permit may be granted to allow a motor vehicle dealership with used car sales only. 2. A Conditional Use Permit for the sale of new and used cars is hereby approved with the following conditions: a. 100% of the inventory displayed at IH 635 may be used cars. b. 30% of the inventory displayed at IH 635 may be used cars. c. Display of vehicles shall be limited to the number of display spaces and display areas as noted on the Concept Plan attached hereto as Exhibit A. Display spaces and

21 customer parking shall comply with the parking and access standards in Section of the Mesquite Zoning Ordinance. d. Any vehicle for sale shall be operable and maintained in good condition. e. No vehicle for sale shall have body damage greater than four inches in diameter. f. Painted repairs shall match the paint on the rest of the vehicle. g. Any vehicle for sale shall not have broken or cracked windows. h. All parking and display surfaces shall be paved except for display surfaces in showroom areas. i. Any vehicle not ready for sale and in need of repair or detailing shall be kept in the rear of the property on a paved surface or inside of a structure. j. This Conditional Use Permit shall be limited to Fenton Motors, Inc. 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 Site Photos 5 Concept Plan

22 ATTACHMENT 1: AERIAL MAP

23 ATTACHMENT 2: NOTICE MAP

24 ATTACHMENT 3 ZONING MAP

25 ATTACHMENT 4 SITE PHOTOS

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