MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING ...



MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., AUGUST 14, 2006, 711 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS

|Present: |Chairman Tony Apel, Vice Chairman Jane Ann Cruce, Commissioners Emmanuel Holloman, Richard Allen, Ginny Stuit, Sandie |

| |Thompson, Senior Alternate Bob Johnson (seated) |

|Absent: |Commissioner Emily Tosch |

|Staff: |Neighborhood Planner Garrett Langford, Deputy City Attorney Liz Lunday, Director of Community Development Richard Gertson, |

| |Principal Planner Tammi Nunn, Executive Secretary Molly Spear |

Items were not heard in sequence with their placement on the agenda.

Mr. Apel announced that agenda items III.A and III.B would be postponed to the August 28, 2006 meeting.

APPROVAL OF THE MINUTES OF THE JULY 24, 2006 MEETING

Mr. Allen moved to approve the minutes of the July 24, 2006 meeting, correcting the Commissioner who seconded the motions on items III.B and III.D to Ms. Thompson. Mr. Holloman seconded and the motion passed unanimously.

PLAT

A. Consider a preliminary plat submitted by Baldwin Associates for Hillcrest Apartments, Block A, Lots 1 and 2, located at 2019 Hillcrest Drive.

Ms. Victoria Rader presented the plat and stated that the staff recommendations were acceptable. She explained that the purpose of the plat was to separate the day care facility from the apartment complex. In doing so, the apartments could then receive government funds for improvements.

Ms. Cruce moved to approve the plat subject to the following stipulations:

1. A permanent irrevocable easement of the parking facilities in favor of both uses should be dedicated and recorded in Dallas County records as a condition of us for both properties.

2. Public ingress and egress easements will need to be applied to the entire parking lot or the driveway entrances to provide public access to the daycare facility.

3. A 10-foot wide by 25-foot long TXUED easement will need to be applied to cover the existing overhead facilities.

4. Clarify the Point of Beginning on the plat.

5. Show bearing and magnitude for frontage property line.

6. Set new iron rod at the southeast corner of the property line.

7. Plat shall match proposed easements shown in engineering plans.

8. The volume, page for all existing easements should be shown.

9. Place Maintenance Agreement for Drainage Facilities on face of plat.

10. All drainage structures, public and private, must be in a drainage easement.

11. Submit both Construction and Final Plat on CD in AutoCAD Version 14 or newer, in model space.

12. Plat shall be tied to two grid coordinate reference points. The grid coordinates shall be in North American Datum (NAD) 83, Texas State Plane, North Central FIPS Zone 4202.

13. Right-of-way and or easement dedications may be required:

Road: Provide a boundary survey to ensure sufficient ROW is provided.

Utility: Water and sewer easements shall be designated as “Utility” easements.

14. A separate domestic water service tap will be required and irrigation tap may be required. Submit a single sheet-engineering plan showing water and sanitary sewer service.

15. A separate trash dumpster pad may be required. Explain and show how trash will be picked up.

16. Final plat application and final plat fee must be submitted to the City within one year of preliminary plat approval.

Mr. Allen seconded and the motion passed unanimously.

III. PUBLIC HEARINGS - ZONING

A. Conduct a public hearing to consider an application submitted by Christian Care Center for a zoning change from Light Commercial and Planned Development-Light Commercial to Planned Development-Retirement Housing on a 22.85-acre tract located northwest of the Northwest Drive and I-30 intersection fronting the southeast side of Northwest Drive. File No. 1461-140

Mr. Johnson moved to postpone this item to the August 28, 2006 meeting. Ms. Stuit seconded and the motion passed unanimously.

B. Conduct a public hearing to consider an application submitted by Master Tech Auto Repair for a zoning change from Planned Development-Industrial to Industrial on a 3.11-acre tract located in the 2700 block of Newsom Road. File No. 1359-7

Mr. Apel opened the public hearing asking if anyone wished to speak in favor of, or in opposition to the request.

Mr. Don Allen, 619 Elderwood Loop, spoke in opposition to the request stating the area in question is already too noisy with the nearby airport, mini-mall, and traffic on Newsom Road. He also stated that allowing the auto repair business in the area would attract even more business to the area, which he believes should remain more residential.

Ms. Lunday and Mr. Richard Allen clarified for the speaker that the existing zoning for the property is Planned Development-Industrial, not Residential, and that the zoning change request, if approved, would simply remove the restrictions placed on the property by the Planned Development Ordinance.

As no one else came forward to speak, Mr. Apel closed the public hearing, noting that it would be reopened at the August 28, 2006 meeting.

Mr. Allen moved to postpone this item to the August 28, 2006 meeting. Ms. Stuit seconded and the motion passed unanimously.

C. Conduct a public hearing to consider an application submitted by the City of Mesquite to consider the establishment of a new zoning classification as an overlay district, with new or amended procedural requirements and regulations including private club requirements, parking, setback, design and landscaping standards for all properties with frontage on Military Parkway and Scyene Road between IH-635 and Carmack Street. Zoning File No. 2006-2 (This item was postponed from the July 24, 2006 meeting.)

Mr. Gertson stated that since the July 24, 2006 Commission meeting, he prepared a list of prohibited uses for the proposed overlay district, as well as amendments to accommodate bed-and-breakfast facilities. He presented the Commission with a revised copy of the proposed overlay district regulations, to be Section 4-900 of the Mesquite Zoning Ordinance.

The Commission discussed the possibility of defining design elements for development within the overlay district. Mr. Gertson stated that design element standards are not addressed in the current proposal, and suggested that they might be best determined by a subcommittee at a later date. Mr. Allen expressed concern that without design element standards in place, the first development to occur in the overlay district would set the standards for the ones to follow.

Mr. Apel opened the public hearing asking if anyone wished to speak in favor of, or in opposition to the application.

Mr. Herman Finley, 1625 Scyene Road, asked if his property, located just north of the proposed overlay area, could be included with the selected properties. Mr. Gertson explained that Mr. Finley’s property could not be included with this particular application because the legal notices that were mailed out and posted in the newspaper did not include his property, but that he could apply for a zoning change for his property at a later date if he wished.

As no one else came forward to speak, Mr. Apel closed the public hearing.

Mr. Allen moved to recommend approval of the application subject to the proposal submitted to the Commission on August 14, 2006 and subject to the following:

1) Strike verbiage, “except 7514 Passenger Car Rental” from page three, line 13, SIC 75; and

2) The overlay district shall not be in effect until design element standards have been established and approved.

Mr. Johnson seconded and the motion passed unanimously.

IV. SUBDIVISION ORDINANCE VARIANCE

A. Consider an application submitted by Carter Automotive for a driveway spacing variance on property located on the northeast corner of Beltline Road and East Main Street.

Mr. John Casey of Isbell Engineering Group presented the request. Mr. Casey stated that the site in question is small, and in referring to the supportive memorandum from the City’s Traffic Engineering Division, the variance would alleviate traffic congestion at the location.

Mr. Johnson moved to approve the request as submitted. Ms. Cruce seconded and the motion passed unanimously.

DIRECTOR’S REPORT

A. Report on City Council action regarding planning and zoning issues.

Mr. Gertson and Mr. Browning briefed the Commission on recent City Council action regarding planning and zoning issues.

ADJOURNMENT

Mr. Allen moved to adjourn the meeting. Ms. Stuit seconded and the motion passed unanimously. The meeting was adjourned at 10:06 p.m.

| |_______________________________ |

| |Tony Apel, Chairman |

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