Video index
Roll Call: 9 members present, 1 members absent, 0 members excused.
A. WORKSHOP AGENDA
(1) Discussion of role and responsibilities of the Planning & Zoning Commission members with Denise Valentine, Council Liaison.
(2) Discuss Masonry Requirements in General Retail.
(3) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
E. CONSENT AGENDA ITEMS:
(4) Approval of the Minutes for the Regular Meeting on January 10, 2012.
Motion to Approve to Approve the Minutes for the Regular Meeting on January 10, 2012 with modifications noted during the work session. Moved by Commissioner Dwight Chambers, seconded by Vice Chairperson Roosevelt Williams.
Vote to Approve to Approve the Minutes for the Regular Meeting on January 10, 2012 with modifications noted during the work session. (Approved)
Ayes: Dewberry, Williams, Jones, Chambers, McDonald, May
Nays: None
F. PUBLIC HEARING:
(5) Consider Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). This proposed amendment would remove the existing restriction for hours of operation of 7 am to 7 pm from Lot 2, Block G the Offices of Thorntree Phase I. The property in question is located on Westmoreland Road and north of Wintergreen Road. The applicant is Jamie Creager.
P&Z Management Report for Case Z-1233-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1233-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Williams asked Mr. Vatthauer about the zoning of those properties located directly to the west of the property in question.
Mr. Vatthauer informed the Commission that the properties located directly to the west of the property in question is zoned residential.
Chairperson Dewberry informed the Commission that a masonry wall separates the Office 1 (O-1) zoning district from the residential to the west.
Commissioner May stated that a parking area is located directly behind the property in question to the west.
Mr. Vatthauer informed the Commission that a parking area for the residents on Masters Drive existed to the west of the property in question.
Chairperson Dewberry asked the Commission if there were any further questions of staff. There being no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Ms. Jamie Creager, of 1805 Westmoreland Road, came forward to address the Commission.
Commissioner Chambers asked Ms. Creager to provide the number of patients that would be observed overnight at any one time.
Ms. Creager explained the maximum number of patients at any one time would be four, but we would only start with two patients at a time. She also informed the Commission that the maximum number of people in the facility at any given time would be six, two technicians and up to four patients. Four patients would usually occur on Friday or Saturday nights, but during the rest of the week it would be only patients.
Commissioner McDonald asked Ms. Creager if the Sleep Diagnostic Center would occupy the entire building.
Ms. Creager explained the business would initially start out occupying three rooms, one for the office/observation room and the other two rooms will be set up for patients. This would leave three rooms available for usage later.
Commission Williams asked Ms. Creager what would occupy the additional three rooms, since they were only occupying three rooms to begin with.
Ms. Creager explained how the rooms would be set up. She explained that the two extra rooms will eventually be set up for patients in the future.
Commissioner McDonald asked Ms. Creager if she was renting the entire building.
Ms. Creager informed the Commission that she was indeed renting the entire building for the Sleep Diagnostic Center.
Chairperson Dewberry asked the Commission if there were any other questions for Ms. Creager. There being no response, he stated there were cards from audience members who wished to speak regarding case Z-1233-12.
Chairperson Dewberry asked Mr. Jim Cavender to come forward to address the Commission.
Mr. Jim Cavender, of 2006 Augusta Court, came forward to address the Commission. He informed the Commission that he was the president of the Enclave Home Owners Association and was here to represent the HOA. He explained that the HOA was opposed to changing the restriction on the hours of operation on the lot, not necessarily against the proposed use but future uses. Mr. Cavender also mentioned that the residents within the Enclave of Thorntree would like the retain a quiet neigborhood.
Mr. David Fredrikson, of 1808 Masters Drive, came forward to the address the Commission. He explained that he could not imagine a better neighbor than a Sleep Diagnostic Center, but he expressed his concerns for potential uses in the future after the sleep center leaves. He also stated that there are other areas and properties in DeSoto that should be attractive to this type of business.
Mr. Robert Musheno, of 1823 Masters Drive, came forward to express his concerns regarding the removal of the current restrictions on hours of operation at the proposed site. He also informed the Commission about the guest parking located within the Enclave of Thorntree neighborhood.
Mr. Joe Johnson, of 1864 Masters Drive, came forward to express his concerns regarding case Z-1233-12. He informed the Commission that he was opposed to the change of the current hours of operation.
Chairperson Dewberry asked the Commission if there were any questions for Ms. Creager.
The Commission and Ms. Creager discussed the hours of operation, traffic patterns and scheduled time patients would normally arrive & leave the facility. They also discussed the possibility of conducting daytime studies on patients and the hours of conducting the day studies.
Chairperson Dewberry asked the Commission if there were any other questions of Ms. Creager. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion on the item.
The Commission and Ms. Pandya discussed the hours of operation being associated with the land and not the actual use.
Commissioner Jones asked Mr. Vatthauer to elaborate on the types of uses that can operate in Office 1 (O-1) Zoning.
Mr. Vatthauer informed the Commission that the list of uses is quite long and therefore he would not be able to mention all of the uses that are allowed in Office 1 (O-1) Zoning. He gave examples of different uses that would not be permitted in Office 1 (O-1) Zoning, and he also mentioned that typically office/professional type uses would go into Office 1 (O-1) Zoning. Mr. Vatthauer also mentioned that General Retail (GR) type uses were not allowed in O-1.
Chairperson Dewberry mentioned that churches were allowed in the Office 1 (O-1) Zoning, as well as any zoning district throughout the city.
Mr. Vatthauer stated that churches were allowed in all zoning districts.
The Commission and staff discussed the types of uses that would be permitted in the Office 1 (O-1) Zoning district, as well as a few uses that would not be allowed in O-1 zoning. They also discussed how the restricted hours of operation effected businesses currently there.
Commissioner McDonald asked if there was a set of deed restrictions that effected the office area of the Enclave of Thorntree and how it would be impacted by the change in the hours of operation on this one lot.
Mr. Vatthauer informed the Commission that he was not aware of any deed restrictions for the Offices of Thorntree. He also mentioned if there were deed restrictions for the Offices of Thorntree that the City does not enforce them.
Chairperson Dewberry asked the Commission if there was any further discussion.
Commissioner Jones stated that it looks like there is not a problem with the Sleep Diagnostic Center, but with potential uses in the future.
Chairperson Dewberry asked the Commission if there were additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to approve Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). Moved by Commissioner Reginald Jones, seconded by Commissioner April May.
Vote to Approve to approve Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). (Approved)
Ayes: Dewberry, May, Williams, Chambers, Jones
Nays: McDonald
G. REGULAR AGENDA:
(6) No items.
H. ADJOURNMENT.
Being there was no other business; Chairperson Dewberry asked the Commission for a motion to adjourn the meeting.
Motion to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on January 24, 2012. Moved by Commissioner April May, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on January 24, 2012. (Approved)
Ayes: Williams, Chambers, May, McDonald, Dewberry, Jones
Nays: None
Chairperson Dewberry adjourned the meeting at 7:29 PM.
Feb 28, 2012 Planning and Zoning Meeting
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Roll Call: 9 members present, 1 members absent, 0 members excused.
A. WORKSHOP AGENDA
(1) Discussion of role and responsibilities of the Planning & Zoning Commission members with Denise Valentine, Council Liaison.
(2) Discuss Masonry Requirements in General Retail.
(3) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
E. CONSENT AGENDA ITEMS:
(4) Approval of the Minutes for the Regular Meeting on January 10, 2012.
Motion to Approve to Approve the Minutes for the Regular Meeting on January 10, 2012 with modifications noted during the work session. Moved by Commissioner Dwight Chambers, seconded by Vice Chairperson Roosevelt Williams.
Vote to Approve to Approve the Minutes for the Regular Meeting on January 10, 2012 with modifications noted during the work session. (Approved)
Ayes: Dewberry, Williams, Jones, Chambers, McDonald, May
Nays: None
F. PUBLIC HEARING:
(5) Consider Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). This proposed amendment would remove the existing restriction for hours of operation of 7 am to 7 pm from Lot 2, Block G the Offices of Thorntree Phase I. The property in question is located on Westmoreland Road and north of Wintergreen Road. The applicant is Jamie Creager.
P&Z Management Report for Case Z-1233-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1233-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Williams asked Mr. Vatthauer about the zoning of those properties located directly to the west of the property in question.
Mr. Vatthauer informed the Commission that the properties located directly to the west of the property in question is zoned residential.
Chairperson Dewberry informed the Commission that a masonry wall separates the Office 1 (O-1) zoning district from the residential to the west.
Commissioner May stated that a parking area is located directly behind the property in question to the west.
Mr. Vatthauer informed the Commission that a parking area for the residents on Masters Drive existed to the west of the property in question.
Chairperson Dewberry asked the Commission if there were any further questions of staff. There being no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Ms. Jamie Creager, of 1805 Westmoreland Road, came forward to address the Commission.
Commissioner Chambers asked Ms. Creager to provide the number of patients that would be observed overnight at any one time.
Ms. Creager explained the maximum number of patients at any one time would be four, but we would only start with two patients at a time. She also informed the Commission that the maximum number of people in the facility at any given time would be six, two technicians and up to four patients. Four patients would usually occur on Friday or Saturday nights, but during the rest of the week it would be only patients.
Commissioner McDonald asked Ms. Creager if the Sleep Diagnostic Center would occupy the entire building.
Ms. Creager explained the business would initially start out occupying three rooms, one for the office/observation room and the other two rooms will be set up for patients. This would leave three rooms available for usage later.
Commission Williams asked Ms. Creager what would occupy the additional three rooms, since they were only occupying three rooms to begin with.
Ms. Creager explained how the rooms would be set up. She explained that the two extra rooms will eventually be set up for patients in the future.
Commissioner McDonald asked Ms. Creager if she was renting the entire building.
Ms. Creager informed the Commission that she was indeed renting the entire building for the Sleep Diagnostic Center.
Chairperson Dewberry asked the Commission if there were any other questions for Ms. Creager. There being no response, he stated there were cards from audience members who wished to speak regarding case Z-1233-12.
Chairperson Dewberry asked Mr. Jim Cavender to come forward to address the Commission.
Mr. Jim Cavender, of 2006 Augusta Court, came forward to address the Commission. He informed the Commission that he was the president of the Enclave Home Owners Association and was here to represent the HOA. He explained that the HOA was opposed to changing the restriction on the hours of operation on the lot, not necessarily against the proposed use but future uses. Mr. Cavender also mentioned that the residents within the Enclave of Thorntree would like the retain a quiet neigborhood.
Mr. David Fredrikson, of 1808 Masters Drive, came forward to the address the Commission. He explained that he could not imagine a better neighbor than a Sleep Diagnostic Center, but he expressed his concerns for potential uses in the future after the sleep center leaves. He also stated that there are other areas and properties in DeSoto that should be attractive to this type of business.
Mr. Robert Musheno, of 1823 Masters Drive, came forward to express his concerns regarding the removal of the current restrictions on hours of operation at the proposed site. He also informed the Commission about the guest parking located within the Enclave of Thorntree neighborhood.
Mr. Joe Johnson, of 1864 Masters Drive, came forward to express his concerns regarding case Z-1233-12. He informed the Commission that he was opposed to the change of the current hours of operation.
Chairperson Dewberry asked the Commission if there were any questions for Ms. Creager.
The Commission and Ms. Creager discussed the hours of operation, traffic patterns and scheduled time patients would normally arrive & leave the facility. They also discussed the possibility of conducting daytime studies on patients and the hours of conducting the day studies.
Chairperson Dewberry asked the Commission if there were any other questions of Ms. Creager. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion on the item.
The Commission and Ms. Pandya discussed the hours of operation being associated with the land and not the actual use.
Commissioner Jones asked Mr. Vatthauer to elaborate on the types of uses that can operate in Office 1 (O-1) Zoning.
Mr. Vatthauer informed the Commission that the list of uses is quite long and therefore he would not be able to mention all of the uses that are allowed in Office 1 (O-1) Zoning. He gave examples of different uses that would not be permitted in Office 1 (O-1) Zoning, and he also mentioned that typically office/professional type uses would go into Office 1 (O-1) Zoning. Mr. Vatthauer also mentioned that General Retail (GR) type uses were not allowed in O-1.
Chairperson Dewberry mentioned that churches were allowed in the Office 1 (O-1) Zoning, as well as any zoning district throughout the city.
Mr. Vatthauer stated that churches were allowed in all zoning districts.
The Commission and staff discussed the types of uses that would be permitted in the Office 1 (O-1) Zoning district, as well as a few uses that would not be allowed in O-1 zoning. They also discussed how the restricted hours of operation effected businesses currently there.
Commissioner McDonald asked if there was a set of deed restrictions that effected the office area of the Enclave of Thorntree and how it would be impacted by the change in the hours of operation on this one lot.
Mr. Vatthauer informed the Commission that he was not aware of any deed restrictions for the Offices of Thorntree. He also mentioned if there were deed restrictions for the Offices of Thorntree that the City does not enforce them.
Chairperson Dewberry asked the Commission if there was any further discussion.
Commissioner Jones stated that it looks like there is not a problem with the Sleep Diagnostic Center, but with potential uses in the future.
Chairperson Dewberry asked the Commission if there were additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to approve Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). Moved by Commissioner Reginald Jones, seconded by Commissioner April May.
Vote to Approve to approve Case Z-1233-12; a request to amend Thorntree Planned Development (PD-9). (Approved)
Ayes: Dewberry, May, Williams, Chambers, Jones
Nays: McDonald
G. REGULAR AGENDA:
(6) No items.
H. ADJOURNMENT.
Being there was no other business; Chairperson Dewberry asked the Commission for a motion to adjourn the meeting.
Motion to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on January 24, 2012. Moved by Commissioner April May, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on January 24, 2012. (Approved)
Ayes: Williams, Chambers, May, McDonald, Dewberry, Jones
Nays: None
Chairperson Dewberry adjourned the meeting at 7:29 PM.
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