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Roll Call: 10 members present, 0 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 seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on August 23, 2011.
Motion to Approve to Approve the Minutes for the Regular Meeting on August 23, 2011. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the Minutes for the Regular Meeting on August 23, 2011. (Approved)
Ayes: North, Jones, Simerly, Chambers, McDonald, Williams, Dewberry
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1222-11; an amendment to Planned Development 128 for Polk’s View. The property in question is located at the southwest corner of Belt Line Road and Polk Street. The Planned Development will have a base zoning of General Retail with deviation requests to the existing Planned Development Ordinance for permitted uses, area regulations, setbacks, parking requirements, landscape requirements and requirements regarding the site plan, landscape plan & elevations. The applicant is Will Pinkerton.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1222-11.
Chairperson Simerly asked the Commission if there were any questions of staff.
The Commission, Staff and Ms. Julie Pandya, Assistant City Attorney discussed the shared parking areas, parking area designation and required parking for uses, as well as, elevation review & approval through amending the Planned Development.
Chairperson Simerly asked the Commission if there were any other questions of staff. Hearing no response, he asked the applicant to come forward to address the Commission.
Mr. Will Pinkerton, of Options Redevelopment, representing the applicant Mr. Larry Washington, came forward to address the Commission. He stated that Mr. Washington would be willing to forgo the six foot (6’) masonry wall and retain the current four foot (4’) tubular fence on a two foot (2’) high masonry wall. Mr. Pinkerton also explained that the applicant would retain the current ordinance requirement of amending the Planned Development before lots are developed to approve the site plan, landscape plan and elevations.
The Commission, Staff, Mr. Pinkerton, Mr. Washington and Ms. Pandya discussed omitting the request for amending the Planned Development ordinance for site plan, landscape plan and elevation for individual lots, as well as the request for a six foot (6’) masonry wall on the west property line to separate residential from General Retail. They also discussed prohibiting the uses "Beer and Wine Package Establishment" and "Convenience Store (with & without gasoline sales)" in the Planned Development.
Commissioner McDonald informed the Commission that he was not comfortable with amending the Planned Development with the requested changes. He also recalled the initial Planned Development process being very difficult.
Chairperson Simerly asked the Commission if there were any additional comments or questions. There being no response he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1222-11; an amendment to the Planned Development 128 (PD0128) Polk's View. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Roosevelt Williams.
with the following stipulations:
(1) A Convenience Store (with gasoline sales) and a Convenience Store (without gasoline sales) be uses that are not allowed.
(2) A Beer and Wine Package Establishment is a use that is not allowed.
(3) The Planned Development be amended before a lot can be developed to approve the site plan, landscape plan and elevations.
(4) The screening wall along the west property line shall consist of a two (2) foot masonry wall with a four (4) foot tubular fence on top. Live screening must be provided to the inside of the fence to screen the development from view. This fence must be installed in the first phase developed from the north property to the south property line.
Vote to Approve to Approve Case Z-1222-11; an amendment to the Planned Development 128 (PD0128) Polk's View. (Approved)
Ayes: Simerly, Jones, Chambers, Dewberry, Williams, North
Nays: McDonald
(4) Consider Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. The property in question is located at the southwest corner of Hampton Road and Pleasant Run Road consisting of approximately 1 lot and 0.342 acres. The applicant is City of DeSoto.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1224-11.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner McDonald asked Mr. Vatthauer about the actual Specific Use Permit (S-16) ordinance permitting a gasoline station at 859 N. Hampton Road. He also asked about the SUP ordinance approval date for S-16.
Mr. Vatthauer informed the Commission that the actual SUP ordinance for S-16 has not been located by staff, but the SUP exists on the zoning map and staff refers to the zoning map as an official document.
The Commission, Staff and Ms. Pandya discussed relevance of removing the Specific Use Permit for a gasoline station at 859 N. Hampton Road.
Chairperson Simerly asked the Commission if there was any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Table to Table Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
Vote to Table to Table Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. (Declined)
Chairperson Simerly stated that the Commission should continue to discuss the request to remove the SUP from 859 N. Hampton Road.
The Commission, Staff and Ms. Pandya discussed whether legal action on S-16 was valid.
Chairperson Simerly asked the Commission if there were any further discussion. Hearing no response, he asked for a motion.
Motion to Deny to Deny Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Dick North.
Vote to Deny to Deny Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. (Approved)
Ayes: Dewberry, North, Williams, Simerly, Jones, McDonald
Nays: None
Abstain: Chambers
G. REGULAR AGENDA:
(5) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:56 PM.
Motion to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on Tuesday, September 13, 2011. Moved by Commissioner Dick North, seconded by Vice Chairperson Donald Dewberry.
Vote to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on Tuesday, September 13, 2011. (Approved)
Ayes: North, Jones, Simerly, McDonald, Williams, Dewberry, Chambers
Nays: None
Sep 13, 2011 Planning and Zoning Meeting
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Roll Call: 10 members present, 0 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 seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on August 23, 2011.
Motion to Approve to Approve the Minutes for the Regular Meeting on August 23, 2011. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the Minutes for the Regular Meeting on August 23, 2011. (Approved)
Ayes: North, Jones, Simerly, Chambers, McDonald, Williams, Dewberry
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1222-11; an amendment to Planned Development 128 for Polk’s View. The property in question is located at the southwest corner of Belt Line Road and Polk Street. The Planned Development will have a base zoning of General Retail with deviation requests to the existing Planned Development Ordinance for permitted uses, area regulations, setbacks, parking requirements, landscape requirements and requirements regarding the site plan, landscape plan & elevations. The applicant is Will Pinkerton.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1222-11.
Chairperson Simerly asked the Commission if there were any questions of staff.
The Commission, Staff and Ms. Julie Pandya, Assistant City Attorney discussed the shared parking areas, parking area designation and required parking for uses, as well as, elevation review & approval through amending the Planned Development.
Chairperson Simerly asked the Commission if there were any other questions of staff. Hearing no response, he asked the applicant to come forward to address the Commission.
Mr. Will Pinkerton, of Options Redevelopment, representing the applicant Mr. Larry Washington, came forward to address the Commission. He stated that Mr. Washington would be willing to forgo the six foot (6’) masonry wall and retain the current four foot (4’) tubular fence on a two foot (2’) high masonry wall. Mr. Pinkerton also explained that the applicant would retain the current ordinance requirement of amending the Planned Development before lots are developed to approve the site plan, landscape plan and elevations.
The Commission, Staff, Mr. Pinkerton, Mr. Washington and Ms. Pandya discussed omitting the request for amending the Planned Development ordinance for site plan, landscape plan and elevation for individual lots, as well as the request for a six foot (6’) masonry wall on the west property line to separate residential from General Retail. They also discussed prohibiting the uses "Beer and Wine Package Establishment" and "Convenience Store (with & without gasoline sales)" in the Planned Development.
Commissioner McDonald informed the Commission that he was not comfortable with amending the Planned Development with the requested changes. He also recalled the initial Planned Development process being very difficult.
Chairperson Simerly asked the Commission if there were any additional comments or questions. There being no response he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1222-11; an amendment to the Planned Development 128 (PD0128) Polk's View. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Roosevelt Williams.
with the following stipulations:
(1) A Convenience Store (with gasoline sales) and a Convenience Store (without gasoline sales) be uses that are not allowed.
(2) A Beer and Wine Package Establishment is a use that is not allowed.
(3) The Planned Development be amended before a lot can be developed to approve the site plan, landscape plan and elevations.
(4) The screening wall along the west property line shall consist of a two (2) foot masonry wall with a four (4) foot tubular fence on top. Live screening must be provided to the inside of the fence to screen the development from view. This fence must be installed in the first phase developed from the north property to the south property line.
Vote to Approve to Approve Case Z-1222-11; an amendment to the Planned Development 128 (PD0128) Polk's View. (Approved)
Ayes: Simerly, Jones, Chambers, Dewberry, Williams, North
Nays: McDonald
(4) Consider Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. The property in question is located at the southwest corner of Hampton Road and Pleasant Run Road consisting of approximately 1 lot and 0.342 acres. The applicant is City of DeSoto.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1224-11.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner McDonald asked Mr. Vatthauer about the actual Specific Use Permit (S-16) ordinance permitting a gasoline station at 859 N. Hampton Road. He also asked about the SUP ordinance approval date for S-16.
Mr. Vatthauer informed the Commission that the actual SUP ordinance for S-16 has not been located by staff, but the SUP exists on the zoning map and staff refers to the zoning map as an official document.
The Commission, Staff and Ms. Pandya discussed relevance of removing the Specific Use Permit for a gasoline station at 859 N. Hampton Road.
Chairperson Simerly asked the Commission if there was any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Table to Table Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
Vote to Table to Table Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. (Declined)
Chairperson Simerly stated that the Commission should continue to discuss the request to remove the SUP from 859 N. Hampton Road.
The Commission, Staff and Ms. Pandya discussed whether legal action on S-16 was valid.
Chairperson Simerly asked the Commission if there were any further discussion. Hearing no response, he asked for a motion.
Motion to Deny to Deny Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Dick North.
Vote to Deny to Deny Case Z-1224-11; removing the Specific Use Permit (S-16) for a gasoline station at 859 N. Hampton Road. (Approved)
Ayes: Dewberry, North, Williams, Simerly, Jones, McDonald
Nays: None
Abstain: Chambers
G. REGULAR AGENDA:
(5) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:56 PM.
Motion to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on Tuesday, September 13, 2011. Moved by Commissioner Dick North, seconded by Vice Chairperson Donald Dewberry.
Vote to Approve to Approve the motion to adjourn the Planning & Zoning Commission meeting on Tuesday, September 13, 2011. (Approved)
Ayes: North, Jones, Simerly, McDonald, Williams, Dewberry, Chambers
Nays: None
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