Public Hearing and Ordinance - Zoning Application No. Z1025-0423
Official Roll-Call Vote
Staff Report & Agenda Item Details
A public hearing was held for Zoning Application No. Z1025-0423. Adam Bailey, Director of Planning and Development Services, stated that this request seeks to reestablish a service station use on a long-vacant site within the Town East and Motley Special Planning Area. The proposed Planned Development (PD-SS) would allow a convenience store with fuel sales while incorporating development standards tailored to the site’s context and legacy of prior fueling use. Two deviations are requested from Section 3-504 of the Mesquite Zoning Ordinance: the 500‑foot separation from a public school and residential district. Mr. Bailey stated that the proposed concept shows a 3,457-square-foot building on the site with three fuel pumps, allowing service to six vehicles at once. The proposed development complies with parking requirements by providing 14 parking spaces and exceeds landscaping requirements, providing 12 percent landscaping where a minimum of 10 percent is required. Mr. Bailey presented an alternative concept plan to allow more landscaping. The alternative concept plan would reduce the size of the building and reduce parking spaces to 13, which would allow approximately 20 percent landscaping. Applicant Correen Robertson, representing Civil Engineering Professionals, LLC, stated that the property previously operated as a gas station and convenience store for several years. The owner of the property has agreed to increasing the landscaping requirements to 20 percent. No one appeared regarding the proposed application. Mr. Green moved to postpone Zoning Application No. Z1025-0423 to a date uncertain. Motion failed due to lack of a second. Ms. Rodriguez-Ross moved to approve Zoning Application No. Z1025-0423, as recommended by the Planning and Zoning Commission with certain stipulations, and with the following modification: The minimum required amount of landscaping shall be 20 percent of the lot. And to approve Ordinance No. 5226, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM PLANNED DEVELOPMENT – GENERAL RETAIL, ORDINANCE NO. 3962 TO PLANNED DEVELOPMENT – SERVICE STATION TO ALLOW A CONVENIENCE STORE WITH FUEL SALES (SIX FUELING POSITIONS) LOCATED WITHIN 500 FEET OF A RESIDENTIAL ZONING DISTRICT AND A PUBLIC OR PRIVATE SCHOOL ON PROPERTY LOCATED AT 3225 NORTH TOWN EAST BOULEVARD; 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. Hubacek. On call for a vote on the motion, the following votes were cast: Ayes: Rodriguez-Ross, Hubacek, Alemán, Casper, Murden Nayes: Green Absent: Smith Motion carried. (Ordinance No. 5226 recorded in Ordinance Book No. 136)
Bastiat Liberty & Property Rights Analysis
This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.2/10). 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.