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Roll Call: 9 members present, 1 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Simerly called the meeting to order at 7:00 PM and noted for the record that six (6) Commissioners were present.
Chairperson Simerly welcomed the new Planning & Zoning Commission member Mr. Roosevelt Williams.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on March 9, 2010.
(3) Approval of the Minutes for the Regular Meeting on March 23, 2010.
Motion to Approve to Approve the Consent Agenda Items. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
Vote to Approve to Approve the Consent Agenda Items. (Approved)
Ayes: North, Williams, Dewberry, Simerly, Stripling, Jones
Nays: None
F. PUBLIC HEARING:
(4) Consider Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" and determine the zoning districts in which this use should be allowed. The proposed change would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking of the Zoning Ordinance.
P&Z Management Report for Case Z-1189-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1189-10.
Chairperson Simerly asked the Commission if there were any questions of staff. Hearing no response, he stated that the definition for Drive through Establishments has been modified.
Ms. Samantha Gowans, Assistant City Attorney, informed the Commission that the modified definition reads as "an Establishment that allows for the interior passage of motor vehicles for the retail sales of food or beverages or delivery of food or beverages".
Chairperson Simerly asked the Commission if there any additional comments or questions. There being no response, he opened the public hearing and asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1189-10. Hearing no response, Chairperson Simerly closed the public hearing and he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" with modification made to definition. Moved by Commissioner Reginald Jones, seconded by Commissioner Dick North.
Vote to Approve to Approve Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" with modification made to definition. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
(5) Consider Case Z-1190-10; a change in zoning request from Single Family 12 (SF-12) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. The property in question is located at 1511 S. Hampton Road and situated in the Elisha Chambers Abstract No. 280. Also being considered, an Amendment to the City of DeSoto Future Lane Use Plan. The proposed change would amend the Future Land Use Map by changing the proposed land use for the property in question from a residential land use to a commercial use. The applicant is Joeann Tyler.
P&Z Management Report for Case Z-1190-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1190-10.
Chairperson Simerly asked the Commission if there were any questions of staff. Hearing no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Ms. Joeann Tyler, of 115 Vine Street, Glenn Heights, came forward to address the Commission. She informed the Commission that there is a great need in the community for a Adult Day Care facility, because this type of business does not exist in the surrounding area.
Chairperson Simerly asked the Commission if there were any questions for Ms. Tyler.
Commissioner Williams asked Ms. Tyler if the proposed Adult Day Care would be operating during the day time hours only or during night hours as well.
Ms. Tyler informed the Commission that the adult day care facility would only be operating during the day hours.
Chairperson Simerly asked the Commission if there were any other questions for Ms. Tyler. Hearing no response, he asked if there was anyone who wished to speak either in favor of or in opposition to case Z-1190-10.
Ms. Patty Ellis, of 301 Willow Creek, Ovilla, came forward to address the Commission. She expressed her support for the proposed adult day care.
Reverend Richard Robertson, of 2515 Perryton Drive, Dallas, came forward to address the Commission in support of case Z-1190-10. He explained the importance of these types of facilities and the increased need for them.
Ms. Linda Robertson, of 2515 Perryton Drive, Dallas, came forward to address the Commission. She expressed her support of the adult day care facility.
Ms. Alfrieda McCoy, of 901 Cartwright Road, Mesquite, came forward to address the Commission in support of case Z-1190-10. She stated Ms. Tyler is currently operating the Loving Touch Adult Day Care in her place of residence and the space is limited. She informed the Commission that the larger facility would impact more families who need the services of an adult day care facility.
Ms. Angelette Carroll, of 520 Westmoreland, Ovilla, spoke in support of the adult day care facility. She explained that there is a true need for this type of facility in the surrounding area.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1190-10. There being no response, he closed the public hearing and asked the Commission if there were an questions or comments.
Commissioner North asked Ms. Tyler if the proposed adult day care facility was funded by medicare.
Ms. Tyler informed the Commission that she has a contract with the Veteran Affairs, clients who pay with private funds and medicaid. The state is looking at having the services of this type of facilty paid through medicare as well.
Chairperson Simerly asked the Commission if there were any additional questions for Ms. Tyler.
Commissioner Simerly asked Ms. Tyler the capacity of the proposed building for the adult day care.
Ms. Tyler stated that the proposed site can hold approximately 25 to 30 people.
Commissioner Williams asked Ms. Tyler if the proposed house exists already on the lot.
Ms. Tyler informed the Commission that there is an existing house on the property and it will be utilized as the adult day care facility.
Commissioner Williams asked Ms. Tyler about the number of bedrooms in the home.
Ms. Tyler informed the Commission that the proposed building has three bedrooms, but they cannot be used for clients. The bedrooms will be used for office space.
Commissioner Jones asked Ms. Tyler if she planned to renovate the home, by removing walls and etc.
Ms. Tyler stated that the house is move in ready condition and she will not be renovating the house.
Vice Chairperson Dewberry asked Ms. Tyler for the ratio of care providers to clients as governed by the state.
Ms. Tyler stated that there would be one attendant for every ten clients.
Chairperson Simerly asked the Commission if there was any additional questions for Ms. Tyler. Hearing no response, he asked the Commission if there was any discussion.
The Commission, Mr. Johnson and Ms. Tyler discussed the parking requirements for the adult day care facility.
Commissioner North stated that he did not realize an adult day care facility did not exist in the area. He also stated that there is a great need for them.
Chairperson Simerly stated that he understands some of the challenges facing those family members who work and need day care for their elderly family members.
Commissioner Stripling thanked Ms. Tyler for proposing such a facility in DeSoto, because it would be a unique facility for the surrounding area.
Vice Chairperson Dewberry expressed his appreciation to Ms. Tyler for proposing such a facility in the area and for her dedication to the elderly.
Chairperson Simerly asked the Commission for a motion.
Motion to Approve to Approve Case Z-1190-10; a change in zoning request from Single Family 10 (SF-10) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. Also amending the City of DeSoto Future Land Use Plan. Moved by Commissioner Van Stripling, seconded by Commissioner Dick North.
Vote to Approve to Approve Case Z-1190-10; a change in zoning request from Single Family 10 (SF-10) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. Also amending the City of DeSoto Future Land Use Plan. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
(6) Consider Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. The property in question is Lots 17 & 18, Block A and is located at 612 Franklin Street. The applicant is Isabel Villarreal.
P&Z Management Report for Case Z-1191-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1191-10.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner Stripling asked Mr. Johnson to clarify that the four bay doors on the east side of the building would not be used.
Mr. Johnson stated that the bay doors on the east side of the building would not be used, but the Commission can stipulate that they not be used as a part of the motion.
Chairperson Simerly 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. Villarreal, of 1323 Franklin Street, came forward to address the Commission. He stated that the original Auto Paint & Body Shop was totalled during the last major winter storm and the new location seemed like a nice place to relocate.
Chairperson Simerly asked the Commission if there were any questions for Mr. Villarreal.
Vice Chairperson Dewberry asked Mr. Villarreal if it was his intent to utilize the entire building for the Auto Paint & Body Shop.
Mr. Villarreal explained that he would only utilize the front of the building for the Auto Paint & Body Shop. The back side of the building would be used for storage, because the vehicles cannot be stored outdoors.
Commissioner Simerly asked Mr. Villarreal to explain his plans for the fence, since the fence is currently in bad condition.
Mr. Villarreal explained that he plans to repair the fence and gate.
Commissioner Stripling asked Mr. Villarreal if he had any plans for outdoor storage.
Mr. Villarreal told the Commission that he did not have any plans to store vehicles outside.
Vice Chairperson Dewberry asked Mr. Villarreal if the carport would be removed.
Mr. Villarreal told the Commission that the carport would remain in place.
Vice Chairperson Dewberry asked Mr. Villarreal if the facade of the building would be painted and cleaned.
Mr. Villarreal informed the Commission that he planned to paint the entire building and landscape the front.
Vice Chairperson Dewberry also stated that he noticed some of the gutters were missing and he asked Mr. Villarreal if the gutters would be addressed.
Mr. Villarreal stated that he planned to replace the missing gutters.
Chairperson Simerly asked the Commission if there were any other questions for Mr. Villarreal. Hearing no response, he opened the public hearing and asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1191-10. There being no response, he closed the public hearing and asked the Commission if there was any discussion.
Vice Chairperson Dewberry stated that he could support the request based on the information Mr. Villarreal gave to the Commission.
The Commission and staff discussed the stipulations for the Specific Use Permit request.
Chairperson Simerly asked the Commission for a motion.
Motion to Approve to Approve Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
with the following stipulations:
1. No outside storage of vehicles allowed.
2. Repair of the fence and gate that runs from the building to the south property line. Such repairs shall be complete prior to the City issuing a Certificate of occupancy.
3. The entire building shall be painted prior to issuance of a Certificate of Occupancy.
4. All missing gutters must be replaced prior to issuance of a Certificate of Occupancy.
5. Landscaping must be placed as provided on the Landscape Plan prior to the issuance of a Certificate of Occupancy.
6. The bay doors located on the east side of the building shall not be used.
7. The property shall be developed in accordance with the Site Plan and the Floor Plan.
Vote to Approve to Approve Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
G. REGULAR AGENDA:
(7) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:40 PM.
Apr 13, 2010 Planning and Zoning Meeting
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Roll Call: 9 members present, 1 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Simerly called the meeting to order at 7:00 PM and noted for the record that six (6) Commissioners were present.
Chairperson Simerly welcomed the new Planning & Zoning Commission member Mr. Roosevelt Williams.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on March 9, 2010.
(3) Approval of the Minutes for the Regular Meeting on March 23, 2010.
Motion to Approve to Approve the Consent Agenda Items. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
Vote to Approve to Approve the Consent Agenda Items. (Approved)
Ayes: North, Williams, Dewberry, Simerly, Stripling, Jones
Nays: None
F. PUBLIC HEARING:
(4) Consider Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" and determine the zoning districts in which this use should be allowed. The proposed change would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking of the Zoning Ordinance.
P&Z Management Report for Case Z-1189-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1189-10.
Chairperson Simerly asked the Commission if there were any questions of staff. Hearing no response, he stated that the definition for Drive through Establishments has been modified.
Ms. Samantha Gowans, Assistant City Attorney, informed the Commission that the modified definition reads as "an Establishment that allows for the interior passage of motor vehicles for the retail sales of food or beverages or delivery of food or beverages".
Chairperson Simerly asked the Commission if there any additional comments or questions. There being no response, he opened the public hearing and asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1189-10. Hearing no response, Chairperson Simerly closed the public hearing and he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" with modification made to definition. Moved by Commissioner Reginald Jones, seconded by Commissioner Dick North.
Vote to Approve to Approve Case Z-1189-10; an Amendment to the Zoning Ordinance to add the new and unlisted use "Drive Through Establishment" with modification made to definition. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
(5) Consider Case Z-1190-10; a change in zoning request from Single Family 12 (SF-12) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. The property in question is located at 1511 S. Hampton Road and situated in the Elisha Chambers Abstract No. 280. Also being considered, an Amendment to the City of DeSoto Future Lane Use Plan. The proposed change would amend the Future Land Use Map by changing the proposed land use for the property in question from a residential land use to a commercial use. The applicant is Joeann Tyler.
P&Z Management Report for Case Z-1190-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1190-10.
Chairperson Simerly asked the Commission if there were any questions of staff. Hearing no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Ms. Joeann Tyler, of 115 Vine Street, Glenn Heights, came forward to address the Commission. She informed the Commission that there is a great need in the community for a Adult Day Care facility, because this type of business does not exist in the surrounding area.
Chairperson Simerly asked the Commission if there were any questions for Ms. Tyler.
Commissioner Williams asked Ms. Tyler if the proposed Adult Day Care would be operating during the day time hours only or during night hours as well.
Ms. Tyler informed the Commission that the adult day care facility would only be operating during the day hours.
Chairperson Simerly asked the Commission if there were any other questions for Ms. Tyler. Hearing no response, he asked if there was anyone who wished to speak either in favor of or in opposition to case Z-1190-10.
Ms. Patty Ellis, of 301 Willow Creek, Ovilla, came forward to address the Commission. She expressed her support for the proposed adult day care.
Reverend Richard Robertson, of 2515 Perryton Drive, Dallas, came forward to address the Commission in support of case Z-1190-10. He explained the importance of these types of facilities and the increased need for them.
Ms. Linda Robertson, of 2515 Perryton Drive, Dallas, came forward to address the Commission. She expressed her support of the adult day care facility.
Ms. Alfrieda McCoy, of 901 Cartwright Road, Mesquite, came forward to address the Commission in support of case Z-1190-10. She stated Ms. Tyler is currently operating the Loving Touch Adult Day Care in her place of residence and the space is limited. She informed the Commission that the larger facility would impact more families who need the services of an adult day care facility.
Ms. Angelette Carroll, of 520 Westmoreland, Ovilla, spoke in support of the adult day care facility. She explained that there is a true need for this type of facility in the surrounding area.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1190-10. There being no response, he closed the public hearing and asked the Commission if there were an questions or comments.
Commissioner North asked Ms. Tyler if the proposed adult day care facility was funded by medicare.
Ms. Tyler informed the Commission that she has a contract with the Veteran Affairs, clients who pay with private funds and medicaid. The state is looking at having the services of this type of facilty paid through medicare as well.
Chairperson Simerly asked the Commission if there were any additional questions for Ms. Tyler.
Commissioner Simerly asked Ms. Tyler the capacity of the proposed building for the adult day care.
Ms. Tyler stated that the proposed site can hold approximately 25 to 30 people.
Commissioner Williams asked Ms. Tyler if the proposed house exists already on the lot.
Ms. Tyler informed the Commission that there is an existing house on the property and it will be utilized as the adult day care facility.
Commissioner Williams asked Ms. Tyler about the number of bedrooms in the home.
Ms. Tyler informed the Commission that the proposed building has three bedrooms, but they cannot be used for clients. The bedrooms will be used for office space.
Commissioner Jones asked Ms. Tyler if she planned to renovate the home, by removing walls and etc.
Ms. Tyler stated that the house is move in ready condition and she will not be renovating the house.
Vice Chairperson Dewberry asked Ms. Tyler for the ratio of care providers to clients as governed by the state.
Ms. Tyler stated that there would be one attendant for every ten clients.
Chairperson Simerly asked the Commission if there was any additional questions for Ms. Tyler. Hearing no response, he asked the Commission if there was any discussion.
The Commission, Mr. Johnson and Ms. Tyler discussed the parking requirements for the adult day care facility.
Commissioner North stated that he did not realize an adult day care facility did not exist in the area. He also stated that there is a great need for them.
Chairperson Simerly stated that he understands some of the challenges facing those family members who work and need day care for their elderly family members.
Commissioner Stripling thanked Ms. Tyler for proposing such a facility in DeSoto, because it would be a unique facility for the surrounding area.
Vice Chairperson Dewberry expressed his appreciation to Ms. Tyler for proposing such a facility in the area and for her dedication to the elderly.
Chairperson Simerly asked the Commission for a motion.
Motion to Approve to Approve Case Z-1190-10; a change in zoning request from Single Family 10 (SF-10) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. Also amending the City of DeSoto Future Land Use Plan. Moved by Commissioner Van Stripling, seconded by Commissioner Dick North.
Vote to Approve to Approve Case Z-1190-10; a change in zoning request from Single Family 10 (SF-10) to Commercial 1 (C-1) Zoning consisting of approximately 1.0960 acres for commercial use. Also amending the City of DeSoto Future Land Use Plan. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
(6) Consider Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. The property in question is Lots 17 & 18, Block A and is located at 612 Franklin Street. The applicant is Isabel Villarreal.
P&Z Management Report for Case Z-1191-10
Mr. Tom Johnson, Managing Director of Development Services, presented the management report for case Z-1191-10.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner Stripling asked Mr. Johnson to clarify that the four bay doors on the east side of the building would not be used.
Mr. Johnson stated that the bay doors on the east side of the building would not be used, but the Commission can stipulate that they not be used as a part of the motion.
Chairperson Simerly 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. Villarreal, of 1323 Franklin Street, came forward to address the Commission. He stated that the original Auto Paint & Body Shop was totalled during the last major winter storm and the new location seemed like a nice place to relocate.
Chairperson Simerly asked the Commission if there were any questions for Mr. Villarreal.
Vice Chairperson Dewberry asked Mr. Villarreal if it was his intent to utilize the entire building for the Auto Paint & Body Shop.
Mr. Villarreal explained that he would only utilize the front of the building for the Auto Paint & Body Shop. The back side of the building would be used for storage, because the vehicles cannot be stored outdoors.
Commissioner Simerly asked Mr. Villarreal to explain his plans for the fence, since the fence is currently in bad condition.
Mr. Villarreal explained that he plans to repair the fence and gate.
Commissioner Stripling asked Mr. Villarreal if he had any plans for outdoor storage.
Mr. Villarreal told the Commission that he did not have any plans to store vehicles outside.
Vice Chairperson Dewberry asked Mr. Villarreal if the carport would be removed.
Mr. Villarreal told the Commission that the carport would remain in place.
Vice Chairperson Dewberry asked Mr. Villarreal if the facade of the building would be painted and cleaned.
Mr. Villarreal informed the Commission that he planned to paint the entire building and landscape the front.
Vice Chairperson Dewberry also stated that he noticed some of the gutters were missing and he asked Mr. Villarreal if the gutters would be addressed.
Mr. Villarreal stated that he planned to replace the missing gutters.
Chairperson Simerly asked the Commission if there were any other questions for Mr. Villarreal. Hearing no response, he opened the public hearing and asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1191-10. There being no response, he closed the public hearing and asked the Commission if there was any discussion.
Vice Chairperson Dewberry stated that he could support the request based on the information Mr. Villarreal gave to the Commission.
The Commission and staff discussed the stipulations for the Specific Use Permit request.
Chairperson Simerly asked the Commission for a motion.
Motion to Approve to Approve Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
with the following stipulations:
1. No outside storage of vehicles allowed.
2. Repair of the fence and gate that runs from the building to the south property line. Such repairs shall be complete prior to the City issuing a Certificate of occupancy.
3. The entire building shall be painted prior to issuance of a Certificate of Occupancy.
4. All missing gutters must be replaced prior to issuance of a Certificate of Occupancy.
5. Landscaping must be placed as provided on the Landscape Plan prior to the issuance of a Certificate of Occupancy.
6. The bay doors located on the east side of the building shall not be used.
7. The property shall be developed in accordance with the Site Plan and the Floor Plan.
Vote to Approve to Approve Case Z-1191-10; a Specific Use Permit request for an Auto Painting/ Body Shop in the Commercial 1 (C-1) Zoning District. (Approved)
Ayes: Simerly, Dewberry, North, Stripling, Jones, Williams
Nays: None
G. REGULAR AGENDA:
(7) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:40 PM.
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