Public Hearing and Ordinance - Zoning Application No. Z0326-0446

Staff Report & Agenda Item Details

A public hearing was held for Zoning Application No. Z0326-0446. Adam Bailey, Director of Planning and Development Services, stated that the applicant requests a change of zoning from Agriculture to Planned Development (PD) - General Retail to allow a convenience store with fuel sales on a 2-acre undeveloped site located at the east corner of FM 740 and FM 2757. The anticipated operator is 7-Eleven. The request includes modifications to the City's development standards for convenience stores with fuel sales, including reduced setbacks from nearby residential zoning districts and an increase in the number of fueling stations from four to six, allowing up to 12 vehicles to fuel simultaneously. The proposed convenience store would contain approximately 4,816 square feet and provide 37 parking spaces. Mr. Bailey stated that the concept plan exceeds the City's minimum landscaping requirements, with approximately 37 percent of the site devoted to landscaping, compared to the required minimum of 10 percent. The proposed PD also includes enhanced landscape standards similar to those adopted for other developments within the Trinity Pointe Special Planning Area. Applicant Jonathan Vinson, representing Jackson Walker, LLP, presented an overview of the proposed development. (1) Latasha Newton, 9878 FM 740, Forney, expressed concerns regarding the proposed application. (2) Elizabeth McMahon, 14026 Overlook Lane, Forney, expressed concerns regarding increased traffic in the area. Mr. Murden moved to approve Zoning Application No. Z0326-0446, as recommended by the Planning and Zoning Commission with certain stipulations, and to approve Ordinance No. 5257, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM AGRICULTURAL WITHIN THE K-20 FLOATING OVERLAY DISTRICT TO PLANNED DEVELOPMENT – GENERAL RETAIL, TO ALLOW A CONVENIENCE STORE WITH FUEL SALES, INCLUDING 12 FUELING POSITIONS, WITHIN THE REQUIRED 500-FOOT SEPARATION DISTANCE FROM A RESIDENTIAL ZONING DISTRICT, ALONG WITH MODIFIED DEVELOPMENT STANDARDS LOCATED AT THE EAST CORNER OF FM 740 AND FM 2757 (KCAD PROPERTY ID 234837); PROVIDING A REPEALER CLAUSE; 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. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Murden, Casper, Alemán, Green, Rodriguez-Ross, Hubacek Nayes: Smith Motion carried. (Ordinance No. 5257 recorded in Ordinance Book No. 137.)

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.5/10). 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.