Public Hearing and Ordinance - Zoning Application No. Z0326-0442

Staff Report & Agenda Item Details

A public hearing was held regarding Zoning Application No. Z0326-0442. Adam Bailey, Director of Planning and Development Services, stated that the applicant, Pleasant Grove Community Baptist Church, is requesting a Conditional Use Permit to operate a day care on their property at 3210 Military Parkway. The applicant proposes to construct a multi-purpose building comprised of a day care and a minor reception facility. The church will operate the day care and provide infant and toddler care, as well as Preschool and Pre-K programs. While the minor reception facility is permitted in General Retail zoning, a day care requires a Conditional Use Permit (CUP). Applicant William Hart, Pleasant Grove Community Baptist Church member, stated that the day care will be open to church members as well as the public. There will also be a community center attached for fellowship and other church events. No one appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z0326-0442, as recommended by the Planning and Zoning Commission, with certain stipulations, and adding the following stipulations: 1. The City Council finds that said use(s) defined and permitted under this CUP are sufficiently unusual in character or operation as to create the potential for variations in function or operation with possible negative impacts upon adjacent properties or on the citizenry as a whole. 2. The CUP is approved solely for Pleasant Grove Community Baptist Church, and the CUP is not transferable or assignable to a different owner or business. A different business applicant desiring to continue this use must submit a new application requesting to continue the CUP and any such application shall require the procedures outlined in the Mesquite Zoning Ordinance for initial approval of a CUP. And to approve Ordinance No. 5236, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM GENERAL RETAIL TO GENERAL RETAIL WITH A CONDITIONAL USE PERMIT TO ALLOW A DAY CARE (SIC CODE 835) ON PROPERTY LOCATED AT 3216 MILITARY PARKWAY (ALSO ADDRESSED AS 3210 MILITARY PARKWAY) SUBJECT TO A CERTAIN FINDING AND STIPULATION; REPEALING ALL 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 Mr. Murden and approved unanimously. (Ordinance No. 5236 recorded in Ordinance Book No. 136.)

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 7.0/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).