PLANNING AND ZONING COMMISSION PRE-MEETING TRAINING ROOMS A & B 757 North Galloway Avenue July 24, 2017-6:30 P.M. To discuss the items on the regular agenda PLANNING AND ZONING COMMISSION MEETING TRAINING ROOMS A & B 757 North Galloway Avenue July 24, 2017-7:00 P.M. Pursuant to Section 551.071 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 551.071, including matters posted on this agenda. AGENDA I. APPROVAL OF THE MINUTES OF THE JULY 10, 2017 MEETING 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. III. DIRECTOR S REPORT A. Director s Report on recent City Council action on zoning items at their meeting on July 17, 2017. 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 30.06 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 30.07 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 24, 2017, was posted on the bulletin boards at the Municipal Center and City Hall on July 21, 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 www.cityofmesquite.com for a minimum of 72 hours prior to the meeting. Garrett Langford, AICP Manager of Planning and Zoning City of Mesquite, Texas
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING, HELD AT 7:00 P.M., JULY 10, 2017, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Absent: Staff: Chairman Ronald Abraham, Vice Chairman Mike Potter, Commissioners Jennifer Vidler, Janice Bell Sherry Williams, Sergio Garcia Dharma Dharmarajan Assistant Director Jeff Armstrong, Manager of Planning and Zoning Garrett Langford, Planner Johnna Matthews, Planner Lauren Simcic, Senior Assistant City Attorney Cindy Steiner, Graduate Engineer Michael Zdansky 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 JUNE 26, 2017 MEETING A motion was made by Ms. Vidler to approve the minutes of the June 26, 2017 meeting. Ms. Bell seconded and the motion passed unanimously. II. TRAFFIC VARIANCE A. Consider a request by Shafiqul Abed for a driveway variance from City Ordinance #3791 Section 15-150 to reduce (1) the minimum driveway spacing for a proposed driveway from 150 feet to 120 feet and (2) the minimum intersection corner clearance from 150 feet to 119 feet, located at 2650 IH 30. Planner Lauren Simcic briefed the Commission on the request. Staff recommended approval. Chairman Abraham asked if the Applicant was here. Applicant was not in attendance and no one showed up on Applicant s behalf. A motion was made by Ms. Bell and Mr. Potter seconded to approve the request. The motion passed unanimously. III. PLAT A. Consider a Preliminary Plat for Skyline Trade Center submitted by IDI Gazeley, LLC, located at 2250 Skyline Drive (Skyline Trade Center, Block A, Lot 4). Manager of Planning and Zoning Garrett Langford briefed the Commission on the request. Staff recommended approval with no conditions. Mr. Langford advised the Commission that this would not fall under the Moratorium regarding truck stops because the Preliminary Plat was filed prior to the Moratorium so therefore this request is vested. A motion was made by Ms. Vidler and seconded by Mr. Garcia for approval. The motion passed unanimously. IV. 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. Z0617-009).
Planner Johnna Matthews briefed the Commission on the request. Staff recommended a postponement until August 14, 2017, so that the Applicant can provide a detailed site plan. Ms. Vidler asked Ms. Matthews if and how the Applicant was notified on submitting a more detailed site plan. Ms. Matthew stated that the Applicant was told through a pre-application meeting, email, and by telephone and also when the deadline was to submit the site plan. The Applicant has not responded nor did the Applicant submit the site plan as of July 10, 2017. Ms. Bell asked if there are any existing buildings on the site. Ms. Matthews stated that there are 2 buildings on the property and it is Ms. Matthews understanding that those buildings will be demolished. Ms. Bell asked if the Applicant will be building a new building and Ms. Matthews responded yes that is her understanding. There were no other questions for Ms. Mathews from the Commission. The Chairman asked if the Applicant and/or representative was here to speak. Mr. Will Strickler came up to speak. Mr. Strickler stated that he is a representative for the seller. He stated that they would like to get the vote postponed as well. Mr. Strickler stated that there was miscommunication between the Applicant and his consultant regarding the site plan. No one else came up to speak. Chairman opened the hearing to the Public. No one came to speak. A motion was made by Mr. Potter and seconded by Ms. Vidler to postpone until August 14, 2017. The motion passed unanimously. V. DIRECTOR S REPORT A. Director s Report on City Council action on zoning items at their meeting on July 3, 2017. Assistant Director Jeff Armstrong briefed the Commission on the July 3, 2017 City Council meeting. The Moratorium passed and will be in effect for 90 days. Three Conditional Use Permits were approved. Two are for pizza places with games and one is for the children retail store Once Upon a Child. The request for a grocery store on Cartwright and Wilkerson was postponed. There being no further business for the Commission, the meeting adjourned at 7:41 P.M. Ronald Abraham, Chairman
NOTICE OF COMMERCIAL MORATORIUM Effective Monday, July 3, 2017, a commercial moratorium is in effect on the development of truck stops and truck-related uses or developments that include the parking of heavy load vehicles as a principal use or as an accessory use. During the moratorium, no City employee, officer, official, agency, department, board or commission of the City will accept applications or plans for development for permits, plats, verifications, rezonings, site plans or new or revised certificates of occupancy for new, expanded or modified commercial development of truck stops or truckrelated uses. If the Director of Planning & Development Services determines that a submittal or attempted submittal is subject to this Moratorium, the same shall be rejected and returned to the applicant. Receipt of an application or plan for development for the limited purpose of making a determination shall not constitute filing or acceptance of the application or plan for development. Land uses affected by the Commercial Moratorium A truck stop means a building, business or premises consisting of one or more adjoining parcels, that includes the refueling of heavy load vehicles and which offers, provides directly or through on-site third parties, conducts or acquiesces in, with or without payment, fee, minimum fuel purchase or any other form of compensation, any of the following services or amenities for heavy load vehicles or the drivers of such vehicles: Major or minor repairs or maintenance Tire sales or repair A facility or designated space for self-repairs Truck parking in excess of four hours Overnight accommodations, showers, laundry or fitness facilities Truck washing Truck parking as a principal use means parking of heavy load vehicles is a primary part of the total activity on a site and is more than incidental or insubstantial to other activities. Truck parking as an accessory use means parking of heavy load vehicles is conducted in conjunction with a principal use which constitutes only an incidental or subordinate part of the total activity on a site and which is commonly associated with the principal use. Purpose of the Commercial Moratorium Recent applications for new or expanded businesses, which attract or accommodate a large volume of interstate-class trucks, have demonstrated that current regulations may be inadequate to control the negative impacts of such businesses on the surrounding street network, on the ability of the City to attract more diverse employment centers in the same geographic sector of the community, and on the quality of life in nearby residential areas. This Moratorium is necessary to maintain the status quo and suspend the further development or expansion of truck stops and truck-related uses during a period while the City researches and promulgates new or revised regulations to prevent truck stops and truck-related uses from being detrimental to the public health, safety or welfare of the residents of the municipality.
Exceptions to the Commercial Moratorium This Moratorium does not affect rights acquired under Texas Local Government Code Chapter 245 or the common law, nor does it affect an application for a project in progress under Chapter 245. The Moratorium shall neither prohibit nor delay the processing of an application for zoning filed on or before June 22, 2017. Other uses not subject to the Moratorium include quarries, a class of heavy industrial uses as determined by the Director of Planning & Development Services, or uses that are constructed or to be constructed pursuant to an Economic Development 380 Agreement with the City of Mesquite. Electronic submittals rejected For the duration of this Moratorium, all applications or plans for development for new, expanded or modified commercial development of truck stops and truck-related uses or developments that include the parking of heavy load vehicles as a principal use or as an accessory use shall be submitted exclusively in hardcopy paper format and not through EnerGov, the City s electronic development submittal and review software system. Any submittal or attempted submittal through EnerGov is hereby rejected, and the City is under no obligation to provide acknowledgement or notice of rejection to the electronic applicant. Waivers An applicant for development may apply for a waiver to this Moratorium by submitting a written request for waiver, with justifications, to the City Secretary located at 1515 N. Galloway, Mesquite, TX, 75149. The City Secretary shall forward the request to the Director of Planning & Development Services for determining completeness, processing and recommendation to the City Council. The Council will act on the request within 10 to 21 days following confirmation by the Director that the request is complete. The City Council may authorize or deny the requested waiver, and if authorized, establish conditions necessary to ensure that the proposed development will not cause adverse effects to the surrounding property or the City s infrastructure and to carry out the spirit and purpose of the Moratorium. Duration of the Commercial Moratorium This Moratorium shall remain in force for up to 90 days. The City Council may extend the Moratorium for an additional 90 days if necessary to complete the process of adopting the new or revised regulations. Opportunities to provide input on new or revised ordinances and regulations Municipal residents and affected parties are encouraged to provide input on new and revised ordinances and regulations affecting truck stops and truck-related uses. Check back to this page for further announcements on the dates, times and locations for workshops and public hearings. Authority for the Commercial Moratorium The City of Mesquite has imposed this Moratorium under authority granted by Chapter 212, Subchapter E, of the Texas Local Government Code. Click here to view the full text of Ordinance No. 4496 adopted by the City Council on July 3, 2017.
For questions, comments and concerns about the Commercial Moratorium Persons with questions, comments and concerns about the Moratorium may contact the Mesquite Planning & Development Services Department at 972-216-6216 for more information or write to any of the following individuals: Garrett Langford, Planning Manager, at glangford@cityofmesquite.com Jeff Armstrong, Assistant Director, at jarmstro@cityofmesquite.com Richard Gertson, Director, at rgertson@cityofmesquite.com