Public Hearing and Ordinance - Zoning Application No. Z0526-0450

Staff Report & Agenda Item Details

A public hearing was held for Zoning Application No. Z0526-0450. Adam Bailey, Director of Planning and Development Services, stated that the applicant is requesting a zoning change to a Planned Development - Light Commercial (PD-LC) with a Conditional Use Permit (CUP), to allow Prosperity Fire Protection to use 2909 Live Oak as a warehouse with an accessory outdoor storage yard, supplementing their existing office use. The company has been using the property as an office since May 2025. The request will allow the building behind the office to be used as a warehouse for fire protection materials, sprinkler heads, piping, valves, fittings, and related components. The screened outdoor storage area will consist of two or three company trucks (such as pickup trucks), two utility trailers, and bundles of sprinkler system piping material. The proposed PD will allow uses permitted by-right in the LC zoning district, including specialty contractor uses such as fire protection, and will permit outdoor storage through a CUP. Mr. Bailey stated that on April 6, 2026, City Council denied the applicant’s request to rezone the property to PD-LC, which did not include a CUP. Following the denial, the applicant submitted a new rezoning application for PD-LC with a CUP. The addition of the CUP constitutes a substantive change from the previous application. As a result, staff granted an exemption from the one-year waiting period that typically applies following a denial, allowing the new request to move forward for consideration. Applicant Tailim Song, representing Prosperity Fire Protection, presented an overview of the proposed application. He stated that Prosperity Fire Protection plans to utilize this location as their headquarters and close the Dallas office. However, outdoor storage would be needed. They currently have 44 employees. (1) Vivian Johnson, 4538 Live Oak Drive, expressed support for the proposed application. (2) Debbie David, 509 Horseshoe Bend, expressed concerns regarding hours for delivery of construction materials. No others appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z0526-0450, as recommended by the Planning and Zoning Commission, with certain stipulations, and to approve Ordinance No. 5258, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM NORTH GUS THOMASSON CORRIDOR DISTRICT TO PLANNED DEVELOPMENT – LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT TO ALLOW OFFICE AND WAREHOUSE OPERATIONS WITH AN OUTDOOR STORAGE YARD WITH MODIFIED DEVELOPMENT STANDARDS ON PROPERTY LOCATED AT 2909 LIVE OAK DRIVE SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Rodriguez-Ross and approved unanimously. (Ordinance No. 5258 recorded in Ordinance Book No. 137.)

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.3/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.