PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue July 9, :00 P.M.

Transcription

1 PLANNING AND ZONING COMMISSION PRE-MEETING CITY COUNCIL CONFERENCE ROOM 757 North Galloway Avenue July 9, :30 P.M. To discuss the items on the regular agenda PLANNING AND ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue July 9, :00 P.M. Pursuant to Section of the Texas Government Code, the Planning and Zoning Commission may meet in a closed executive session to consult with the City Attorney regarding matters authorized by Section , including matters posted on this agenda. AGENDA I. APPROVAL OF THE MINUTES OF THE JUNE 25, 2018 MEETING 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). III. 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 ). 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, 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 ). 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

2 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 ). 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 ) 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 for variety stores. (ZTA ) IV. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on July 2, At the conclusion of business, the Chairman shall adjourn the meeting. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. CERTIFICATE I, Garrett Langford, Manager of Planning and Zoning for the City of Mesquite, Texas, hereby certify that the attached agenda for the Planning and Zoning Commission meeting to be held July 9, 2018, was posted on the bulletin boards at the Municipal Center and City Hall on July 6, 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., JUNE 25, 2018, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Chairman Ronald Abraham, Jennifer Vidler, Debbie Anderson, Sergio Garcia Absent Staff: Vice Chair Sherry Williams, Dharma Dharmarajan, Yolanda Shepard, Alternate Elizabeth Allen Manager of Planning & Zoning Garrett Langford, 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 11, 2018 MEETING A. A motion was made by Ms. Vidler to approve the minutes. Ms. Anderson seconded. The motion passed unanimously. 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 ). The public hearing for this item has been rescheduled and re-noticed for the July 23, 2018, Planning and Zoning Commission meeting. There will be no public hearing or any action taken on this item. No action was taken on this item. B. Conduct a public hearing and consider an application submitted by Kellie L. Rose, Family First Child Care & Learning Center for a Zoning Change from Planned Development - General Retail to Planned Development General Retail, with a Conditional Use Permit to allow a day care on a property described as Long Brank Retail Addition, Block 2, Lot 1, City of Mesquite, Dallas County, TX, located at 1615 Oates Drive. (Z ). No action was taken on this item as it was withdrawn by the applicant before the start of the meeting. C. Conduct a public hearing and consider an application submitted by Sean Neal, TGS Architects on behalf of American National Bank for a Zoning Change from C Commercial within the Military Parkway Scyene Corridor Overlay District to C Commercial within the Military Parkway Scyene Corridor Overlay District with a Conditional Use Permit to allow a bank with a drive-through facility on a property described as 5 +/- acres in the Daniel S. Carver Survey, Abstract No. 342, City of Mesquite, Dallas County, TX, located at 917 Military Parkway. (Z ) Mr. Langford briefed the Commission. Staff is recommending approval with the stipulation when they are done with the proposed project, the Applicant will remove the old drive through building within 60 days. Chairman Abraham opened for Staff questions. There were no questions for Staff. Chairman Abraham opened for the Applicant to come up and answer any questions the Commission might have. Sean Neal Project Manager representing American National Bank came up to speak. Chairman Abraham asked if American National Bank is in agreement with the stipulation Staff has recommended. Mr. Neal answered yes. There were

4 no other questions for Mr. Neal. 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 with Staff s recommendations. Mr. Garcia 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 June 18, Planning & Zoning Manager Garrett Langford briefed the Commissioners. The City Council approved the rezoning to allow the parking lot on West Mimosa Lane, with the stipulation that the existing trees stay as a natural barrier. There being no further items before the Commission, the Chairman adjourned the meeting at 7:10 p.m. Chairman Ronald Abraham

5 FILE NO.: GENERAL INFORMATION PL Samuel Boulevard Business Park, Block 3, Lot 1 P&Z DATE: July 9, 2018 APPLICANT: REQUESTED ACTION: LOCATION: Matthew Gardner, Halff Associates, Inc. A preliminary plat to create one acre lot Samuell Blvd. (Attachment 1 Location Map) SITE BACKGROUND EXISTING LAND USE AND SIZE: SURROUNDING LAND USE AND ZONING: The approximately acre tract of land is currently undeveloped. The owner; Prologis, is proposing to develop the site with an approximately 237,473 square foot office/warehouse building. Land Use Zoning North IH-30, outside city N/A limits South Office/Warehouse I Industrial East FedEx I Industrial West Undeveloped I Industrial GENERAL: A site plan is currently under review for the development of a multitenant, 237,473 square foot office/warehouse building. STAFF COMMENTS Chapter 212 of Texas Local Government Code states that the Planning and Zoning Commission shall approve a preliminary plat when it satisfies all applicable regulations, which include the Mesquite Zoning Ordinance and 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 Zoning Ordinance and the Mesquite Subdivision Ordinance and therefore recommend approval of this request, subject to conditions. RECOMMENDATIONS Staff recommends approval with the following conditions: 1. Revise location map to accurately show property location, as it appears that property crosses Big Town Blvd. to the east.

6 2. Scale of plat should be 1 inch = 100 ft. Provide written and graphic scale. 3. Show property lines, owners of record, etc. of all adjacent unplatted property. 4. Dimension all proposed building lines. See Section of the Mesquite Zoning Ordinance for min. setback requirements. 5. Add legal description/subdivision to the south and east. 6. Add Project Number, PL Correct legal descriptions of adjacent properties. 8. Remove all fire hydrants from final plat. 9. Provide Drainage Maintenance Agreement to the plat. 10. Remove buildings, utilities, contours, parking lot, paving, and other structures. ATTACHMENTS Attachment 1 Location Map Attachment 2 Proposed preliminary plat

7 ATTACHMENT 1: LOCATION MAP

8 ATTACHMENT 2: PROPOSED PRELIMINARY PLAT

9 MEMORANDUM TO: FROM: Planning and Zoning Commission Garrett Langford, AICP, Planning and Zoning Manager DATE: July 6, 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, this item will be rescheduled and re-noticed for the July 23, 2018, or 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

10 REQUEST FOR ZONING RECLASSIFICATION PLANNING AND DEVELOPOMENT SERVICES FILE NO.: Z P&Z HEARING DATE: July 9, 2018 COUNCIL DATE: August 6, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Veronica Becerra on behalf of Kids Empire Dallas Mesquite, LLC. Rezone from General Retail to Planned Development General Retail with a Conditional Use Permit to allow an indoor recreational facility (indoor children s playground). LOCATION: 3600 Gus Thomasson Road, Suite 125 SITE BACKGROUND EXISTING LAND USE AND SIZE: The Conditional Use Permit is for an approximately 15,457 +/- square-foot lease space located in the Towne Crossing Shopping Center which is zoned General Retail and is currently unoccupied. SURROUNDING LAND USE AND ZONING (see attached map): North: Apartments zoned PD-Multifamily #1872. East: Apartments zoned PD-Multifamily #1872 South: Retail and restaurant uses zoned Commercial. West: Retail, financial services, automotive services zoned Commercial. ZONING HISTORY: 1954: Annexed and zoned Residential 1967: Rezoned to Multifamily 1974: Rezoned to General Retail PLATTING: Towne Crossing Addition, Block C, Lot 1 GENERAL: The applicant initially requested a rezoning to Light Commercial (LC) with a Conditional Use Permit (CUP) to allow an indoor recreational facility (indoor playground). However, instead of rezoning to LC, the applicant was agreeable to staff s suggestion that the request should be for a Planned Development (PD) with the base zoning of GR. The request includes a rezoning to PD-GR as indoor recreation is not permitted in the General Retail (GR) zoning district with/without a CUP. Rezoning to PD-GR would allow approval of the CUP for indoor recreation without having to allow those uses that are permitted by right in the LC zoning district. In addition to requiring a CUP, the Mesquite Zoning Ordinance does not permit the issuance of a Conditional Use Permit for indoor recreation within a building that is within 100 feet of any residential zoning district including a multifamily zoning district. While the property is within 100 feet of multifamily zoning, it is not within 100-feet of any single family home or single family zoning. The closest single family home is more than 1,200 feet from the subject property. Rezoning to a PD would allow granting the CUP in this situation.

11 FILE NO.: Z Page 2 STAFF COMMENTS According to the applicant s letter of intent, the Indoor Children s Play Ground is a Fitness Center for children ages 2-12 years of age. The facility includes floor to ceiling climbing bars, slides, a running course, imagination areas, smaller play rooms for toddlers, a children s disco room and a seating area. The concept is to allow children to interact and be social while enjoying physical activity. The facility will have a pantry that will provide drinks and prepacked snacks. No food is prepared on site. The business will be open 7 days per week. Hours are expected to be from 10:00 am to 8:00 pm Monday through Thursday and 10:00 am to 10:00 pm Friday through Sunday. The facility will also be available for birthday parties and special events. Mesquite Comprehensive Plan The subject property is located within the Town East Retail and Restaurant Area (TERRA) as designated in the Mesquite Comprehensive Plan. The Plan states the following for TERRA: TERRA is the major retail district for eastern Dallas County and the counties to the east, providing a concentration of retail, service and entertainment uses oriented primarily toward family services In order to regulate and restrict those uses which were considered problematic to the area s regional retail and entertainment role, a zoning overlay district was adopted in Uses which were targeted in the overlay include uses generating truck traffic or otherwise adding to area congestion; uses with visual or aesthetic characteristics not normally present in a retail-type area; and uses with characteristics disruptive to family- and customer-oriented retail and entertainment uses. Staff expects that indoor recreation will be consistent with TERRA s role as a major retail district. No increase in truck traffic, visual intrusion, or adverse impacts on adjacent properties/uses are anticipated. 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 to the west and to the south. To the north and to the east are apartments. The nonresidential uses include gas stations, offices, restaurants, retail and personal services. In staff s opinion, the proposed indoor recreational use is compatible with surrounding uses. The proposed use also conforms to the Comprehensive Plan designation for the area.

12 FILE NO.: Z Page 3 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 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. Conclusion The 16 acre property consists of four retail buildings and includes retail, restaurant and personal service uses. The subject property is surrounded by retail and commercial uses. There are multifamily developments to the north and east of the subject property. The proposed CUP to allow an 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 use would also provide an adaptive reuse of an existing big box retail building. Rezoning to a PD GR will 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. Rezoning to a PD would also allow the CUP to be permitted within 100 feet of a residential zoning district. 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 and such use may be permitted within 100 feet of a residential district.

13 FILE NO.: Z Page 4 2. A Conditional Use Permit for indoor recreation is hereby approved with the following conditions: a. This Conditional Use Permit shall be limited to Suite 125, a 15,457 +/- square-foot building. b. The Conditional Use Permit is granted specifically to Kids Empire Dallas Mesquite, LLC, doing business as Kids Empire 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 Interior Pictures from another location 6 Site Plan 7 Site Pictures

14 FILE NO.: Z Page 5 Attachment 1 Aerial Map

15 FILE NO.: Z Page 6 Attachment 2 Notification Map

16 FILE NO.: Z Page 7 Attachment 3 Zoning Map

17 FILE NO.: Z Page 8 ATTACHMENT 4 Letter of Intent

18 FILE NO.: Z Page 9 Attachment 5 Floor Plan

19 FILE NO.: Z Page 10 Attachment 6 Site Plan

20 FILE NO.: Z Page 11 Attachment 7 Site Pictures

21 FILE NO.: Z Page 12

22 FILE NO.: Z P&Z HEARING DATE: July 9, 2018 COUNCIL DATE: August 6, 2018 GENERAL INFORMATION APPLICANT: REQUESTED ACTION: Drive Time Car Sales, LLC LOCATION: and IH 635 SITE BACKGROUND EXISTING LAND USE AND SIZE: SURROUNDING LAND USE AND ZONING (see attached map): Conditional Use Permit (CUP) to allow the outdoor display of used vehicles. The approximately 5.8 acre property is currently used as a car dealership with outdoor display of used vehicles. North of the subject property is a car dealership. Further north is a retail center with some outparcels. To the east, undeveloped property. Immediately to the south of the subject property are and IH 635 which are currently used by Fenton Motors as their new car dealership in connection with their Hyundai dealership. Further south are the Trophy Nissan dealerships. ZONING HISTORY: 1962: Annexed and zoned Residential 1970: Rezoned to Special Permit for Townhouse 1983: Rezoned to PD Multifamily 1985: Rezoned to Light Commercial 1986: CUP approved for new car sales 2006: CUP approved for used car sales (16190 IH 635) 2011: CUP approved for used car sales (16190 IH 635) 2013: CUP approved for used car sales (16170 IH 635) 2017: CUP approved for used car sales (16170 IH 635) PLATTING: Lots 5R-1, and 5R-2, Block A of the Oates Corner Retail Addition, 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 GENERAL: The applicant, Drive Time Car Sales, LLC, is under contract to acquire 16160, and IH 635 from Fenton Motors who is currently using these properties for their used car dealership. In 2017, Fenton Motors received approval of a CUP to establish their used car sales at and IH IH 635 already had a CUP from a previous tenant that allowed used car sales. In 2017, Fenton Motors planned on using and IH 635 for new car sales while using and IH 635 primarily for used car sales. This plan was based on Fenton Motors having to vacate IH 635 due to an expiring lease. However, in 2018 Fenton Motors was able to purchase IH 635 and will not have to vacate the property. As result of this, Fenton Motors no longer needs 16160, Planning and Development Services Department Planning & Zoning Division Prepared by: Garrett Langford, AICP

23 FILE NO.: Z Page 2 STAFF COMMENTS and IH 635 for their dealership and now plan to sell the properties to Drive Time Car Sales. Drive Time Car Sales is requesting a CUP to allow used car sales for and IH 635. The applicant does not plan on using IH 635 for a car dealership. The applicant plans on selling/leasing IH 635 to another user that is allowed by right in the Light Commercial zoning district. 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 for an outdoor display lot since The subject property is included in an area where the Plan recognizes that outdoor display lots are permissible provided that there are no expansion of outdoor display lots. Staff does not consider this request to be an expansion of outdoor display. The proposed CUP is consistent with the recommendations of the Comprehensive Plan. 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. There are numerous car dealerships in the area. Allowing a car dealership to occupy an existing dealership facility with appropriate conditions should not impact adjacent properties or affect property values in 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 use to impact the development 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 CUP.

24 FILE NO.: Z Page 3 4. Parking Adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed uses. Adequate parking will need to be provided. The proposed concept plan indicates a sufficient amount of parking for inventory, as well as, customer and employee parking. 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 properties as a result of the proposed use. RECOMMENDATIONS Staff recommends approval of the Conditional Use Permit with following stipulations: 1. 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 customer parking shall comply with the parking and access standards in Section of the Mesquite Zoning Ordinance. 2. One hundred percent of the inventory displayed at and IH 635 may be used cars. 3. Any vehicle for sale shall be operable and maintained in good condition. 4. No vehicle for sale shall have body damage greater than four inches in diameter. 5. Painted repairs shall match the paint on the rest of the vehicle. 6. Any vehicle for sale shall not have broken or cracked windows. 7. All parking and display surfaces shall be paved except for display surfaces in showroom areas. 8. 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. 9. At a minimum, 80 percent of the used car inventory displayed for sale shall be less than eight years old. 10. This Conditional Use Permit shall be limited to Drive Time Car Sales, LLC., 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

25 FILE NO.: Z Page 4 5 Concept Plan ATTACHMENT 1: AERIAL MAP

26 FILE NO.: Z Page 5 ATTACHMENT 2: NOTICE MAP

27 FILE NO.: Z Page 6 ATTACHMENT 3 ZONING MAP

28 FILE NO.: Z Page 7 ATTACHMENT 4 SITE PHOTOS

29 FILE NO.: Z Page 8 ATTACHMENT 5 CONCEPT PLAN

30 MEMORANDUM TO: FROM: Planning and Zoning Commission Garrett Langford, AICP, Planning and Zoning Manager DATE: July 6, 2018 SUBJECT: Zoning text amendment for new and/or revised regulations of indoor recreational uses. At the July 9, 2018 meeting, staff will present to the Commission a proposed Zoning Ordinance Text Amendment on new and/or revised regulations of indoor recreational facilities. In the past several months, there have been a couple of request for conditional use permits and rezonings to allow indoor recreational uses such as a bounce house and a trampoline park. Both of these request have been approved by City Council. In each of these request, not only was it was determined that indoor recreational use would not have an adverse impact on surrounding properties but that the proposed use would be a benefit to the surrounding properties by allowing for an adaptive reuse of vacant spaces/buildings. Staff is proposing to amend the permitted use table that to allow indoor recreational facilities by right in most non-residential zoning districts. The proposed amendment will also establish a definition for indoor recreational uses and establish what the parking requirements will be for such uses. Attachments: Zoning Text Amendment Garrett Langford, AICP Manager of Planning and Zoning P&Z Indoor Recreational Uses

31 ZTA: Section Definitions: Proposed Text Amendments: Recreational and Entertainment Facilities Recreational and Entertainment Facilities: A facility whose principal purpose is to provide space and equipment for nonprofessional athletic activities within a fully enclosed building. A recreational and entertainment facility includes but is not limited to the following: batting cages, ice or roller skating rink, indoor rides, miniature golf course, laser tag, whirleyball, children play center, trampoline park, climbing center or similar facility or any combination of the above. This does not include indoor shooting ranges. SIC CODE Table Schedule of Permitted Uses USE DESCRIPTION O GR LC THN K20 NGTC 1 CV MU CB SS C I 7999 Amusement, Recreation Service, NEC a. Outdoor Facilities, Activities C C (Includes miniature golf, 13 driving ranges, go-cart tracks, skateboard parks, etc.) b. Indoor Facilities, Activities (Includes billiard and bingo parlors, skating rinks, slot car C C C C C 12 tracks, etc.) (except c-fg) c. Commercial Art Galleries, P P P P P P P P 15 Museums d. Sports Instruction (Indoor) P P P P P P 1 e. Ticket Agencies, P P P P P P 1 Sports/Recreation PKNG STND SPECIAL CONDITIONS Prohibits outdoor activities within 200 feet of any residential district. Requires buildings to be located at least 100 feet from any residential district. f. Escape Rooms P P P P P P P 12 (Ord / ) g. Recreational and Entertainment P P P P P 28 Facilities

32 Concern has been raised about variety stores and their possible effects on the community. Staff has prepared an ordinance that would require approval of variety stores by conditional use permit (CUP). In addition to the standard CUP criteria, additional criteria would be evaluated related to the effects of variety stores on the availability and potential availability of healthy food in the area. Through the Comprehensive Plan process and subsequent ordinance amendments, staff will be looking deeper into the issue of healthy community initiatives and assuring that our ordinances protect and provide for the ability for all citizens of Mesquite to have reasonable access to healthy food. Variety Stores P&Z memo

33 ZTA: Proposed Text Amendments: Variety Stores Section Definitions: Grocery Store: A retail store where a minimum of 50 percent of the floor area or more than 25,000 square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products and prepackaged foods. Variety Store: A retail store that sales a wide variety of relatively small and inexpensive items. Definition from A Planner s Dictionary published by the American Planning Association. Table Schedule of Permitted Uses SIC CODE USE DESCRIPTION O GR LC C V MU CB S S C I PK NG ST ND SPECIAL CONDITIONS 53 GENERAL MERCHANDISE STORES P P P P P P Department Stores 533 Variety Stores PCUP PCUP PCUP PCUP PCUP PCUP 1 Comply with Miscellaneous General Merchandise Stores P P P P P P VARIETY STORES In addition to the criteria for a conditional use permit set forth in Section B, when reviewing a request for conditional use permit for a variety store use, the City Council shall consider: A. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use. B. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention. C. Whether the proposed use is within a food desert as defined by the United States Department of Agriculture at the time of application.