Motion to Approve to Approve the Minutes for the Regular Planning & Zoning Commission meeting on December 11, 2012. Moved by Commissioner Dick North, seconded by Commissioner Scott McDonald.

Vote to Approve to Approve the Minutes for the Regular Planning & Zoning Commission meeting on December 11, 2012. (Approved)

Ayes: Chambers, May, Williams, McDonald, Jones, North

Nays: None

Vice Chairperson Williams introduced the members of the Planning & Zoning Commission.

F. PUBLIC HEARING:

(3) Consider Case CP-008-13; an amendment to the City of DeSoto Comprehensive Plan. The proposed change would amend the Thoroughfare Plan by removing the proposed collector street located between 515 N. I-35 E and 629 N. I-35 E from the Thoroughfare Plan, as well as removing the designation as a collector street from Abbott Avenue.

Planning & Zoning Commission Management Report for case CP-008-13

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case CP-008-13.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

The Commission and Mr. Vatthauer discussed the area behind Chuck Fair Banks Auto Dealership being located within a flood plain, as well as the necessary steps for a road and bridge to connect the neighborhood directly to the west to I-35 E frontage road.

Vice Chairperson Williams opened the public hearing and asked if there was anyone in the audience who wished to speak in favor of or in opposition to case CP-008-13.

Mr. Chuck Fairbanks, of 629 N. I-35 E, property owner of Chuck Fairbank's Cheverlot came forward to address the Commission. He also provided a brief history of the property designated for the proposed thoroughfare between 515 N. I-35 E and 629 N I-35 E.

The Commission, Mr. Fairbanks and staff discussed the usable land between both car dealerships.

Mr. Fairbanks explained that he would use the additional space for parking vehicles, because there was not enough room between the two dealerships for any type of structures.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Fairbanks. There being no response, he asked if there was anyone else who wished to address the Commission. Hearing no response, Vice Chairperson Williams closed the public hearing and asked the Commission for a motion.

Motion to Approve to Approve Case CP-008-13; an amendment to the Comprehensive Plan, amending the thoroughfare plan by removing the proposed collector street located between 515 N. I-35 E and 629 N. I-35 E, as well as removing the designation as a collector street from Abbott Avenue. Moved by Commissioner Dick North, seconded by Commissioner Dwight Chambers.

Vote to Approve to Approve Case CP-008-13; an amendment to the Comprehensive Plan, amending the thoroughfare plan by removing the proposed collector street located between 515 N. I-35 E and 629 N. I-35 E, as well as removing the designation as a collector street from Abbott Avenue. (Approved)

Ayes: Chambers, May, Williams, McDonald, Jones, North

Nays: None

(4) Consider Case Z-1250-12; a Specific Use Permit (SUP) request. This SUP would allow a 750 square foot accessory structure (garage) at 1213 The Meadows Parkway in Single Family 12 (SF-12) Zoning. The property in question consists of l lot and 19.999 square feet. The applicant is Herman Brown/ HLB Construction.

Planning & Zoning Commission Management Report for case Z-1250-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1252-12.

The Commission and staff discussed the placement of the garage entry, as well as the concrete drive that leads to the front of the accessory structure (garage).

Mr. Vatthauer informed the Commission that the proposed garage would be used for storage of classic vehicles.

Vice Chairperson Williams asked the Commission if there was any other questions of staff. Hearing no response, he opened the public hearing and asked the applicant to come forward to address the Commission.

Mr. Mel Jackson, of 1213 The Meadows Parkway, came forward to address the Commission. And, Mr. Herman Brown, of 3715 Fordham Road, Suite 203, Dallas, with HLB Construction also came forward to address the Commission.

The Commission and Mr. Brown discussed the height of the proposed garage being 18 feet and whether or not the proposed garage was visible from the street and the surrounding homes.

Mr. Mel Jackson informed the Commission that the proposed garage would be hidden behind his home and would not be visible from The Meadows Parkway. He also mentioned the the proposed garage would be visible to the homes surrounding his property, but the roof top of the garage would be significantly less than the roof tops of homes in the area.

Commissioner May asked the applicant if the purpose of the proposed garage would be solely for the classic vehicles.

Mr. Mel Jackson informed the Commission that the proposed garage was solely for the use of storing his classic vehicles.

Vice Chairperson Williams asked the Commission if there were any additional questions or discussion. There being no response, he opened the public hearing and asked if there was anyone who wished to speak in favor of or in opposition to case Z-1250-12. Hearing no response, Vice Chairperson Williams closed the public hearing and asked the Commission for a motion.

Motion to Approve to Approve Case Z-1250-12; a Specific Use Permit to allow an accessory structure at 1213 The Meadows Parkway. Moved by Commissioner Reginald Jones, seconded by Commissioner April May.

Vote to Approve to Approve Case Z-1250-12; a Specific Use Permit to allow an accessory structure at 1213 The Meadows Parkway. (Approved)

Ayes: Chambers, May, Williams, McDonald, Jones, North

Nays: None

(5) Consider Case Z-1252-12; a rezoning request from Single Family 9 Residential Zoning (SF-9) to General Retail (GR). The property in question is located at the southeast corner of Polk Street and Wintergreen Road, consists of 0.95 acres and 1 lot. The applicant is Michael Hampton/ Lend Lease.

Planning & Zoning Management Report for case Z-1252-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1252-12.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

Commissioner Jones asked Mr. Vatthauer to clarify the exact location of the property in question.

Mr. Vatthauer informed the Commission that the property in question consists of the southeast corner of Wintergreen Road and Polk Street. He also stated that the Future Land Use Plan designates the property in question and the surrounding vacant land for General Retail (GR) zoning.

Vice Chairperson Williams asked the Commission if there were any other questions of staff. There being no response, he opened the public hearing and asked the applicant to come forward to address the Commission.

Mr. Michael Hampton, of 1828 Tumbleweed Circle, Rockwall, representing 7-Eleven, came forward to address the Commission. He also noted that the property in question is designated on the Future Land Use Map as a General Retail (GR) tract of land. He informed the Commission that he was available to answer questions.

Vice Chairperson Williams asked Mr. Hampton during the site selection process, if he was aware of the church located to the south of the proposed 7-Eleven facility.

Mr. Hampton informed the Commission that he was aware of the church to the south. He stated that 7-Eleven considers the traffic patterns and the surrounding uses during the site selection process. Mr. Hampton also stated that 7-Eleven would comply with all the local and state rules pertaining to the convenience store use.

Vice Chairperson Williams asked Mr. Hampton if he or anyone with Lend Lease has spoke with any members of the church.

Mr. Hampton informed the Commission that the property owner has been in contact with the church over the years, but he nor anyone else with Lend Lease has spoken with church members. He did, however, try to contact the church through the main office, but there was no response or feedback from the church.

Vice Chairperson Williams asked the Commission if there were any additional questions for Mr. Hampton. There being no response, he called persons to speak in favor of or in opposition to case Z-1252-12.

Mr. Patrick Harvey, of 1010 Huntington, Duncanville, came forward to speak in opposition. He explained that he holds the position of Chairman of God's Exciting Cathedral of Praise and he also expressed concerns about the saturation of convenience stores in DeSoto. Mr. Harvey mentioned that there are a number of convenience stores within a short driving distance from the proposed site. He then mentioned that the proposed use would not be compatible with surrounding uses.

The Commission and Mr. Harvey discussed the impact of the proposed convenience store on The God's Exciting Cathedral of Praise Church located nearby.

Vice Chairperson Williams asked the Commission if there was any additional discussion. Hearing no response, he asked Ms. Joyce Hill to come forward to address the Commission.

Ms. Joyce Hill, of 1217 Bluffview Drive, came forward to speak on behalf of the North Meadows Home Owners Association (HOA). She stated that the HOA is opposed to the request for a zoning change for reasons such as traffic, crime and two existing 7-Eleven convenience stores located within close proximity along Wintergreen Road. Ms. Hill also informed the Commission that some of the other churches in the area are opposed to the change of zoning request too.

Vice Chairperson Williams asked the Commission if there were any questions or comments. There being no response, he asked Ms. Linda Bailey to come forward.

Ms. Linda Bailey, of 920 Manor Drive, came forward to speak on behalf of the Home Owner Association (HOA) for Centre Estates. She expressed concern for safety of neighboring community members. Ms. Bailey asked the Commission to consider families, safety and the protection of DeSoto citizens when making a decision on the proposed request for zoning change.

Vice Chairperson Williams asked the Commission if there was any additional discussion. Hearing no response, he asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1252-12.

Mr. Ron Cornelius, property owner, came forward to speak in favor of case Z-1252-12. He provided a brief history of the property in question.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Cornelius. There being no response, he closed the public hearing and asked the Commission if there was any discussion or comments.

The Commission, staff and Julie Dorsher, Assistant City Attorney discussed the original zoning status of the property and the proposed zoning change request back to the original zoning status of General Retail (GR).

Vice Chairperson Williams asked the Commission if there was any additional discussion or comments.

Commissioner Jones stated that it does not seem to be opposition to the requested zoning change to General Retail (GR), but rather opposition to the type of use proposed for the property in question.

Commissioner McDonald stated that he would have preferred to see the proposed zoning change request encompass the entire tract of land, not just the one (1) parcel at the hard corner. He also mentioned that there must be a masonry wall separating the residential zoning from the General Retail zoning.

Vice Chairperson Williams asked the Commission if there was any additional discussion or comments. Hearing no response, he asked the Commission for a motion.

Motion to Approve to Approve Case Z-1252-12; a change in zoning from Single Family 9 (SF-9) to General Retail (GR) for an area located at the southeast corner of Polk Street and Wintergreen Road. Moved by Commissioner Reginald Jones, seconded by Commissioner Dwight Chambers.

Vote to Approve to Approve Case Z-1252-12; a change in zoning from Single Family 9 (SF-9) to General Retail (GR) for an area located at the southeast corner of Polk Street and Wintergreen Road. (Approved)

Ayes: North, Jones, Chambers, May, McDonald, Williams

Nays: None

(6) Consider Case Z-1253-12; a Specific Use Permit Request (SUP) to allow a convenience store with gasoline sales at the southeast corner of Polk Street and Wintergreen Road. The property in question consists of approximately 1 lot and 0.95 acres. The applicant is Michael Hampton/ Lend Lease.

Planning & Zoning Management Report for case Z-1253-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1253-12.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

The Commission and staff discussed the requirements for a masonry wall separating residential zoning from General Retail (GR) zoning, as well as, the proposed location for the wall.

Ms. Julie Dosher, Assistant City Attorney, clarified that the request before the Commission was for a Specific Use Permit for a convenience store with gasoline sales because gasoline sales is not allowed by right.

Vice Chairperson Williams asked the Commission if there were any additional questions or comments. There being no response, he opened the public hearing and asked Mr. Hampton to come forward to speak.

Mr. Hampton, of 1828 Tumbleweed Circle, Rockwall, representing 7-Eleven, came forward to address the Commission. He provided the Commission a brief history of 7-Eleven's vision for the site and he also discussed the required masonry wall.

The Commission and Mr. Hampton discussed the number of employees that would be present in the proposed store on any given shift.

Vice Chairperson Williams asked the Commission if there was any additional comments or discussion.

Commissioner May asked Mr. Hampton if the gasoline pumps comply with the city's regulations as it pertains to the canopy and the lay out of the pumps.

Mr. Hampton informed the Commission that the canopy and lay out of the pumps does comply with the city's regulations.

Vice Chairperson Williams asked the Commission if there were any additional questions for Mr. Hampton. Being there was no response, he asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1253-12.

Mr. Keith Shinley, of 1501 N. I-35 E, came forward to speak in opposition. He stated that the area already has two existing 7-Eleven stores along Hampton Road and another store between the two (2) existing stores is not needed. Mr. Shinley also provided information about his business, including information about the number of employees onsite during any given shift. He told the Commission that the proposed 7-Eleven store would negatively impact the revenue of the other 7-Eleven stores along Wintergreen by 25 percent.

Commissioner Chambers asked Mr. Shinley about the number of employees at the I-35 E 7-Eleven location.

Mr. Shinley stated that he had approximately ten or eleven employees.

The Commission and Mr. Shinley discussed crime and the issue of loitering that occurs at convenience stores.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Shinley. There being no response, he asked if anyone else wished to address the Commission.

Ms. Julie Dosher, Assistant City Attorney, again reminded the Commission that the request was for a Specific Use Permit for a convenience store with gasoline sales because gasoline sales is not allowed by right.

Mr. Christoper Willis, of 1104 Longmeadow Lane, came forward to address the Commission in opposition. He informed the Commission that he holds the position of Senior Pastor at God's Exciting Cathedral of Praise and he mentioned that the church was extremely interested in purchasing the remaining vacant land north of the church. Mr. Willis also mentioned the high pressure gas lines that runs partial through the property in question and the church property.

Vice Chairperson Williams asked the Commission if there were any other questions for Mr. Willis.

Mr. Patrick Harvey, of 1010 Huntington, Duncanville, came forward to speak in opposition.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Harvey.

Commissioner Chambers stated that there has been very little discussion regarding the proposed gasoline pumps.

Ms. Linda Bailey, of 920 Manor Drive, came forward to speak on behalf of the Home Owner Association (HOA) for Centre Estates. She expressed concerns about increased traffic; the close proximity of fuel to the neighboring communities and the lighting effecting the residential area.

Commissioner Jones spoke against over saturating the area in question with a specific business.

Vice Chairperson Williams asked if there was anyone else in the audience who wished to address the Commission.

Mr. Willis came forward again and asked the Commission to discuss the high pressure gas lines on the property in question.

Mr. Vatthauer stated that Mr. Tom Johnson, Managing Director of Development Services, would be better suited to address the existing high pressure gas lines running throung the property in question.

Mr. Johnson addressed concerns about the high pressure gas lines that run through the area in question.

Vice Chairperson Williams asked if there was anyone else who wished to address the Commission.

Mr. Ron Cornelius, property owner, came forward to speak in favor of case Z-1252-12.

Vice Chairperson Williams asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1253-12. There being no response, he closed the public hearing and asked the Commission if there was any discussion.

Vice Chairperson Williams asked the Commission for a motion.

Motion to Approve Moved by Commissioner April May, seconded by Commissioner Dwight Chambers.

Vote to Approve (Approved)

Ayes: Williams, Chambers, May, North

Nays: McDonald, Jones

G. REGULAR AGENDA:

(7) No items.

H. ADJOURNMENT.

Being there was no other business; Vice Chairperson Williams asked the Commission for a motion to adjourn the Planning & Zoning Commission meeting on Tuesday, February 12, 2013.

Motion to Approve to Adjourn the Regular Planning & Zoning Commission meeting on Tuesday, February 12, 2013 Moved by Commissioner April May, seconded by Commissioner Dick North.

Vote to Approve to Adjourn the Regular Planning & Zoning Commission meeting on Tuesday, February 12, 2013 (Approved)

Ayes: May, North, Jones, McDonald, Chambers, Williams

Nays: None

Feb 12, 2013 P&Z 02-12-2013

Full agenda
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Roll Call: 9 members present, 1 members absent, 0 members excused.

A. WORK SESSION AGENDA:

(1) Discuss agenda items.

B. AGENDA

C. PLEDGE OF ALLEGIANCE.

F. PUBLIC HEARING:

(3) Consider Case CP-008-13; an amendment to the City of DeSoto Comprehensive Plan. The proposed change would amend the Thoroughfare Plan by removing the proposed collector street located between 515 N. I-35 E and 629 N. I-35 E from the Thoroughfare Plan, as well as removing the designation as a collector street from Abbott Avenue.

Planning & Zoning Commission Management Report for case CP-008-13

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case CP-008-13.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

Vice Chairperson Williams opened the public hearing and asked if there was anyone in the audience who wished to speak in favor of or in opposition to case CP-008-13.

Ayes: Chambers, May, Williams, McDonald, Jones, North

Nays: None

(4) Consider Case Z-1250-12; a Specific Use Permit (SUP) request. This SUP would allow a 750 square foot accessory structure (garage) at 1213 The Meadows Parkway in Single Family 12 (SF-12) Zoning. The property in question consists of l lot and 19.999 square feet. The applicant is Herman Brown/ HLB Construction.

Planning & Zoning Commission Management Report for case Z-1250-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1252-12.

The Commission and staff discussed the placement of the garage entry, as well as the concrete drive that leads to the front of the accessory structure (garage).

Mr. Vatthauer informed the Commission that the proposed garage would be used for storage of classic vehicles.

The Commission and Mr. Brown discussed the height of the proposed garage being 18 feet and whether or not the proposed garage was visible from the street and the surrounding homes.

Commissioner May asked the applicant if the purpose of the proposed garage would be solely for the classic vehicles.

Mr. Mel Jackson informed the Commission that the proposed garage was solely for the use of storing his classic vehicles.

Vote to Approve to Approve Case Z-1250-12; a Specific Use Permit to allow an accessory structure at 1213 The Meadows Parkway. (Approved)

Ayes: Chambers, May, Williams, McDonald, Jones, North

Nays: None

(5) Consider Case Z-1252-12; a rezoning request from Single Family 9 Residential Zoning (SF-9) to General Retail (GR). The property in question is located at the southeast corner of Polk Street and Wintergreen Road, consists of 0.95 acres and 1 lot. The applicant is Michael Hampton/ Lend Lease.

Planning & Zoning Management Report for case Z-1252-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1252-12.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

Commissioner Jones asked Mr. Vatthauer to clarify the exact location of the property in question.

Vice Chairperson Williams asked Mr. Hampton during the site selection process, if he was aware of the church located to the south of the proposed 7-Eleven facility.

Vice Chairperson Williams asked Mr. Hampton if he or anyone with Lend Lease has spoke with any members of the church.

The Commission and Mr. Harvey discussed the impact of the proposed convenience store on The God's Exciting Cathedral of Praise Church located nearby.

Vice Chairperson Williams asked the Commission if there was any additional discussion. Hearing no response, he asked Ms. Joyce Hill to come forward to address the Commission.

Vice Chairperson Williams asked the Commission if there were any questions or comments. There being no response, he asked Ms. Linda Bailey to come forward.

Mr. Ron Cornelius, property owner, came forward to speak in favor of case Z-1252-12. He provided a brief history of the property in question.

Vice Chairperson Williams asked the Commission if there was any additional discussion or comments.

Commissioner Jones stated that it does not seem to be opposition to the requested zoning change to General Retail (GR), but rather opposition to the type of use proposed for the property in question.

Vice Chairperson Williams asked the Commission if there was any additional discussion or comments. Hearing no response, he asked the Commission for a motion.

Ayes: North, Jones, Chambers, May, McDonald, Williams

Nays: None

(6) Consider Case Z-1253-12; a Specific Use Permit Request (SUP) to allow a convenience store with gasoline sales at the southeast corner of Polk Street and Wintergreen Road. The property in question consists of approximately 1 lot and 0.95 acres. The applicant is Michael Hampton/ Lend Lease.

Planning & Zoning Management Report for case Z-1253-12

Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1253-12.

Vice Chairperson Williams asked the Commission if there were any questions of staff.

The Commission and staff discussed the requirements for a masonry wall separating residential zoning from General Retail (GR) zoning, as well as, the proposed location for the wall.

The Commission and Mr. Hampton discussed the number of employees that would be present in the proposed store on any given shift.

Vice Chairperson Williams asked the Commission if there was any additional comments or discussion.

Commissioner May asked Mr. Hampton if the gasoline pumps comply with the city's regulations as it pertains to the canopy and the lay out of the pumps.

Mr. Hampton informed the Commission that the canopy and lay out of the pumps does comply with the city's regulations.

Commissioner Chambers asked Mr. Shinley about the number of employees at the I-35 E 7-Eleven location.

Mr. Shinley stated that he had approximately ten or eleven employees.

The Commission and Mr. Shinley discussed crime and the issue of loitering that occurs at convenience stores.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Shinley. There being no response, he asked if anyone else wished to address the Commission.

Vice Chairperson Williams asked the Commission if there were any other questions for Mr. Willis.

Mr. Patrick Harvey, of 1010 Huntington, Duncanville, came forward to speak in opposition.

Vice Chairperson Williams asked the Commission if there were any questions for Mr. Harvey.

Commissioner Chambers stated that there has been very little discussion regarding the proposed gasoline pumps.

Commissioner Jones spoke against over saturating the area in question with a specific business.

Vice Chairperson Williams asked if there was anyone else in the audience who wished to address the Commission.

Mr. Willis came forward again and asked the Commission to discuss the high pressure gas lines on the property in question.

Mr. Vatthauer stated that Mr. Tom Johnson, Managing Director of Development Services, would be better suited to address the existing high pressure gas lines running throung the property in question.

Mr. Johnson addressed concerns about the high pressure gas lines that run through the area in question.

Vice Chairperson Williams asked if there was anyone else who wished to address the Commission.

Mr. Ron Cornelius, property owner, came forward to speak in favor of case Z-1252-12.

Vice Chairperson Williams asked the Commission for a motion.

Motion to Approve Moved by Commissioner April May, seconded by Commissioner Dwight Chambers.

Vote to Approve (Approved)

Ayes: Williams, Chambers, May, North

Nays: McDonald, Jones

G. REGULAR AGENDA:

(7) No items.

H. ADJOURNMENT.

Being there was no other business; Vice Chairperson Williams asked the Commission for a motion to adjourn the Planning & Zoning Commission meeting on Tuesday, February 12, 2013.

Motion to Approve to Adjourn the Regular Planning & Zoning Commission meeting on Tuesday, February 12, 2013 Moved by Commissioner April May, seconded by Commissioner Dick North.

Vote to Approve to Adjourn the Regular Planning & Zoning Commission meeting on Tuesday, February 12, 2013 (Approved)

Ayes: May, North, Jones, McDonald, Chambers, Williams

Nays: None

Feb 12, 2013 P&Z 02-12-2013

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