a. Consider Planning & Zoning Commission meeting minutes for May 24, 2016.

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1 Planning & Zoning Commission Agenda City Council Conference Room and City Council Chamber Jim Baugh Government Center DeSoto City Hall 211 E. Pleasant Run Road DeSoto, TX (972) JC Beard, Jr. Rodney Beecham Terrence Campbell Preston Gilstrap Vicki Hayes Russell Hooper, Vice Chairperson April May, Chairperson DATE: Tuesday, June 14, 2016 WORK SESSION: 6:00pm Council Conference Room REGULAR SESSION: 7:00pm Council Chambers A. WORK SESSION AGENDA: 1. Discuss agenda items. B. AGENDA C. PLEDGE OF ALLEGIANCE. D. REGULAR SESSION - CALL TO ORDER E. CONSENT AGENDA Any item may be withdrawn from the consent agenda and acted on separately. Approval of the Consent Agenda authorizes the approval of each item in accordance with Staff Recommendations. 1. Approval of Minutes a. Consider Planning & Zoning Commission meeting minutes for May 24, F. PUBLIC HEARING: 1. Consider Zoning Case Z ; an amendment to Planned Development-20 (PD-20) to consider the approval of the Site Plan, Landscape Plan and Elevations for a proposed hotel, as well as the request for several deviations to regulations; located on Interstate Highway 35 E (I-35 E) and east of The Meadows Parkway; consisting of one (1) lot and acres. Applicant: Jiger Patel; Owner: Timothy D. Stanley. 2. Consider Zoning Case Z ; a Specific Use Permit to allow an accessory building over 240 square feet at 1143 Whispering Oaks Drive; consisting of approximately acres and 1 lot. Applicant: Audra Buckley; Owner: Inspiring Body of Christ Church.

2 G. REGULAR AGENDA: No items scheduled for this agenda. H. ADJOURNMENT I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board located at the entrance to the City of DeSoto, Texas City Hall, a place convenient and readily accessible to the general public at all times. June 9, 2016 Posted Date Donielle Suber Planning Technician NOTICE OF ASSISTANCE AT THE PUBLIC MEETING The building in which the above meeting will be conducted is wheelchair accessible. Access to the building and special parking are available at the primary west entrance facing Hampton Road. Persons with disabilities who plan to attend this meeting and may require auxiliary aids or services such as readers or large print, or interpreters for persons who are deaf or hearing impaired, are requested to contact the Office of City Secretary at (972) or by Fax at (972) , or by at kmorris@desototexas.gov or by calling through a T.D.D. (Telecommunication Device for the Deaf) to Relay Texas

3 Planning and Zoning Commission Meeting E. 1. a. Meeting Date: 06/14/2016 Contact: Donielle Suber, Planning Technician Phone: AGENDA ITEM: Consider Planning & Zoning Commission meeting minutes for May 24, Attachments P&Z Commission Minutes for May 24, 2016

4 PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING TOWN CENTER - COUNCIL CHAMBERS Tuesday, May 24, 2016 Present: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. Staff Present: Edlyn Vatthauer, Planning Manager Julie Dosher, Assistant City Attorney Donielle Suber, Planning Technician A. WORK SESSION AGENDA: Chairperson May called the Work Session to order at 6:00 pm. All Planning & Zoning Commissioners were present. 1. Discuss agenda items. Chairperson May adjourned the Work Session at 6:46 pm. B. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Chairperson May. C. REGULAR SESSION - CALL TO ORDER Chairperson May called the meeting to order at 7:00 pm.

5 D. CONSENT AGENDA Any item may be withdrawn from the consent agenda and acted on separately. Approval of the Consent Agenda authorizes the approval of each item in accordance with Staff Recommendations. 1. Approval of Minutes a. Consider Planning & Zoning Commission meeting minutes for April 12, Motion by Commissioner Terrence Campbell, with second by Commissioner Vicki Hayes to approve the minutes for the Planning & Zoning Commission meeting on April 12, Motion passed 7-0. AYE: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. E. PUBLIC HEARING: 1. Consider Zoning Case Z ; an amendment to Planned Development-109 (PD-109) to review the proposed Site Plan, Landscape Plan and Elevations for a worship center, as well as a request for deviations to area regulations; located north of Belt Line Road and west of Newpark Boulevard; consisting of one (1) lot on approximately acres of land. Applicant: Isam Alimam; Owner: DeSoto House of Peace and Community Center. Chairperson May informed the audience that there are certain perimeters in which the Commission can consider zoning deviations. She also stated that a place of worship is allowed in any zoning district, and the Commission will only be addressing the requested deviations. Mr. Edlyn Vatthauer, Planning Manager, presented the management report. Chairperson May asked the Commissioners if there were any questions of staff. There being no response, she opened the public hearing at 7:10 pm and asked the applicant to come forward to address the Commission. Mr. Isam Alimam, of 1658 Autumn Breeze Lane, Lewisville, representing Alimam Gonzalez Associates (AGA), Inc., came forward to address the Commission. He gave a brief presentation about the project, while also providing information about the multiple elevation heights, decreased landscape buffer, deceleration lanes and lighting in the parking area. Mr. Alimam also explained that he had meetings throughout the design process with the former Home Owner Association for Summit Parks and community members. He then informed the Commission that he was available to answer questions.

6 Chairperson May asked the Commissioners if there were any questions of Mr. Alimam. Hearing no response she asked if there was anyone in the audience that wished to speak either in favor of or in opposition to Case Z The Commission and staff discussed the height requirement for Neighborhood Services (NS), as well as the need to amend the Planned Development (PD) for a deviation request to allow the building height to be nineteen (19) feet to 30 feet in some areas. Mr. Ali Assi, of 620 Magnolia Lane, Glenn Heights, came forward to address the Commission. He informed the Commission that he owns the property at the northeast corner of Belt Line Road and Newpark Boulevard. Mr. Assi stated that the proposed place of worship would be a good addition to the community and would most likely spur more development along Belt Line Road. He also stated that he has been in contact with Planning & Zoning staff about developing a retail shopping center on his property east of Newpark Boulevard. Chairperson May asked if there was anyone else who wished to address the Commission regarding Case Z Ms. Tiffany McCoy, of 609 Kari Ann Lane, DeSoto, came forward to speak in opposition to Case Z She expressed her concerns about viewing a thirty (30) foot structure, in place of the Dallas skyline, from her backyard. Ms. McCoy also informed the Commission that she was concerned about the possibility of increased traffic. Citizens, in the audience, who filled out response cards in favor of Case Z but did not speak during the public hearing: Kassem Elhalil, 2105 St. Clarie Drive, Arlington Adel Sebita, 1501 FM 1807, Venus Citizens, in the audience, who filled out response cards in opposition to Case Z but did not speak during the public hearing: Jonathan McCoy, 609 Kari Ann Lane, DeSoto Eric Rand, 603 Kari Ann Lane, DeSoto Latoya Rand, 603 Kari Ann Lane, DeSoto ShirleyRobertson, 1122 Sandwood Lane, DeSoto Vicki Tarkington, 605 Kari Ann Lane, DeSoto James White, 630 Tara Drive, DeSoto Chairperson May asked if there was anyone else who wished to address the Commission. Hearing no response, she closed the public hearing at 7:25 pm and asked the Commission if there was any discussion. Chairperson May explained that the Commission had concerns during the work session with the proposed height and the domes on the roof but learned that the domes were only considered decorative additions to the structure and could not be considered as a part of this case. She also asked the Commissioners if there was any additional comments or discussion. There being no response, she asked the

7 Commissioners for a motion. Motion by Chairperson April May, with second by Vice Chairperson Russell Hooper to approve Case Z ; an Amendment to Planned Development-109 (PD-109) to review the proposed Site Plan, Landscape Plan and Elevations for a worship center. Motion passed 7-0. With the following deviations: (1) Denial to allow portions of the building to be a height of nineteen (19) feet and other areas to be thirty-three (33) in height, rather than the requirement of a maximum height of twelve (12) feet to the top plate of the wall (refer to elevations). (2) Approval of a twenty-three (23) foot wide landscape buffer along Belt Line Road, rather than the fifty (50) foot wide landscape buffer required in the Planned Development. AYE: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. 2. Consider Zoning Case Z ; an amendment to Planned Development-20 (PD-20) to consider the approval of the Site Plan, Landscape Plan and Elevations for a proposed hotel, as well as the request for several deviations to regulations; located on Interstate Highway 35 E (I-35 E) and east of The Meadows Parkway; consisting of one (1) lot and acres. Applicant: Jiger Patel; Owner: Timothy D. Stanley. Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z Chairperson May asked the Commissioners if there were any questions of staff. There being no response, she opened the public hearing at 7:31 pm and asked the applicant to come forward to address the Commission. Mr. Jiger Patel, of 8718 Drayton Drive, Irving, representing 020 Development, LLC., came forward to address the Commission. He provided a brief history about the proposed hotel and the new design of GLO Best Western hotel franchise. Mr. Patel also informed the Commission that he was available to answer questions about the project. Chairperson May asked the Commissioners if there were any questions for Mr. Patel. Hearing no response, she asked if there was anyone in the audience who wished to speak in favor of or in opposition to Case Z Mr. Tyrone Lattimer, of 1214 Bluffview Drive, DeSoto, came forward to express his

8 concerns about potential privacy and safety issues. He stated that his property is adjacent to the property in question. Mr. Vatthauer mentioned that staff is trying to determine whether or not a detention pond would be required on the site or to allow run off water to drain into the creek on the west side of the property. Mr. Lattimer expressed concern about run off water draining into the creek. He also asked about the height of the hotel. Mr. Vatthauer explained that the hotel would be four (4) stories at twelve (12) feet per story. Mr. Mahbub Dewan, of Preston Road, Suite 820, Dallas, presenting the applicant, came forward to address the Commission. He stated that the actual height of the hotel is fifty-eight (58) feet. Mr. Dewan also informed the Commission that the property line on the west is densely populated with trees and green space, and the hotel will be situated quite a distance away from the homes facing Bluffview Drive. Ms. Lesley Lanig, of 1218 Bluffview Drive, DeSoto, came forward to speak in opposition. She explained that the proposed hotel would be located to the rear of her property to the east. Ms. Lanig also mentioned that her family has been situated in the Southpointe community a number of years and the addition of another hotel is not welcomed. She then mentioned her concerns about the potential for increased traffic and crime. Mr. Mike Murray, of 1200 Southpointe Drive, Desoto, came foward to speak. He informed the Commission that he was not opposed to or in favor of the proposed hotel but he was concerned with how difficult it is turning onto Southpointe Drive with traffic coming from both Wintergreen Road and Interstate Highway 35 E (I-35 E). He then suggested a deceleration lane for safety purposes. Mr. Murray also stated that he would be in favor of development that created a sound barrier from the highway noise. Chairperson May asked if there was anyone else in the audience who wished to address the Commission regarding Case Z Commissioner Beecham stated the deceleration lane suggested by Mr. Murray would need to be addressed through the Texas Department of Transporation (TxDOT). Ms. Lena Johnson, of 1309 Bluffview Drive, DeSoto, came forward to speak in opposition to Case Z She informed the Commission of her concerns about the amount of traffic along this segment of the frontage road. Mr. Patrick Moore, of 1128 Sandalwood Lane, DeSoto, came forward to speak in opposition. He expressed his concerns with the potential increase in traffic and safety issues. Mr. Moore informed the Commission that the proposed hotel is not conducive to the surrounding neighborhood, and he also likes the existing natural barrier.

9 Mr. Johnny Townes, of 1210 Bluffview Drive, DeSoto, came forward to speak in opposition to Case Z He asked the Commission to explain why the applicant choose to build a hotel in such close proximity to a residential neighborhood. Chairperson May stated that the property in question is located within Planned Development-20 (PD-20) which allows for the use of a hotel. The applicant is only requesting deviations from the height, room size, restaurant, and guest washer & dryer requirements. Mr. Townes stated that he does not want the guests of the hotel looking into his backyard or windows. Chairperson May asked if there were any other audience members who wished to address the Commission either in favor of or in opposition to Case Z Mr. Gary Woods, of 1320 Bluffview Road, DeSoto, came forward to speak in opposition. He expressed his concerns with the height of the proposed hotel, the proximity to a residential neighborhood, and the potential for increased traffic. Ms. Adaliah Holley, of 1141 Castlewood Court, DeSoto, came forward to speak in opposition to Case Z She asked the Commission when and why the property was initially zoned for a hotel. Mr. Vatthauer stated that Planned Development-20 (PD-20) was most likely established more than twenty-six (26) years ago. Mr. Patel came forward to address some of the concerns of the audience pertaining to the height, privacy, crime and increased traffic. Chairperson May asked the Commissioners if there were any other comments or questions for Mr. Patel. Commissioner Campbell asked Mr. Patel if a line of sight study was conducted for the proposed hotel. Citizens, in the audience, who filled out response cards in opposition to Case Z but did not speak during the public hearing: Derrick Chance, 1127 Cypress Lane, DeSoto Pam Dacle, 1123 Cypress Lane, DeSoto Joyce Hill, 1217 Cypress Lane, DeSoto O. Lanig, 1218 Bluffview Drive, DeSoto V. Wyatt, 1119 Cypress Lane, DeSoto Chairperson May closed the public hearing at 8:02 pm, and asked the applicant to come forward to address the question about the line of sight study. Mr. Dewan informed the Commission that the four story hotel would be over 40 feet tall, and the distance from the proposed hotel to the neighboring homes is more than three hundred (300) feet.

10 The Commission and staff discussed the need to possibly table Case Z until a formal line of sight study can be conducted to help the Commission make an informed recommendation to City Council. They also discussed the need for City Council to address the safety issues along the frontage road and Interstate Highway 35 E (I-35 E). Mr. Tom Johnson, Managing Director of Development Services, informed the Commission that the Texas Department of Transportation (TxDOT) controls the frontage road, and the approach on the site plan was used because the City's Engineering Department could not guarantee a deceleration lane. He also stated that he is working with Texas Department of Transportation (TxDOT) to get a right lane on the frontage road. The Commission, staff and Ms. Dorsher discussed their options on how to proceed with Case Z Chairperson May asked the Commissioners if there were any additional comments or further discussion. There being no response, she asked the Commissioners for the motion. Motion by Chairperson April May, with second by Commissioner Terrence Campbell to table Case Z ; an Amendment to Planned Development-20 (PD-20) to review the Site Plan, Landscape Plan and Elevations for a proposed hotel pending the line of sight study calculations for deviations to the height requirements, along with the other requested deviations until the Planning & Zoning Commission meeting on Tuesday, June 14, Motion passed 7-0. AYE: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. 3. Consider Zoning Case Z ; a Planned Development for General Retail (GR), which will to allow one of the lots to have less area than required in General Retail (GR) zoning; located 901 North Polk Street; consisting of two (2) lots and approximately acres of land. Applicant: City of DeSoto; Owner: Marcus D. King Ministries. Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z Chairperson May asked the Commissioners if there were any questions of staff. There being no response, she opened the public hearing at 8:20 pm and asked if there was anyone who wished to address the Commission either in favor of or in opposition to Case Z Hearing no response, she closed the public hearing at 8:20 pm, and asked the Commissioners if there was any discussion. There being

11 no response, she asked the Commissioners for a motion. Motion by Commissioner Terrence Campbell, with second by Commissioner Rodney Beecham to approve Case Z ; a Planned Development for General Retail (GR), which will allow one of the lots to have less area than required in General Retail (GR) zoning. Motion passed 7-0. AYE: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. F. REGULAR AGENDA: No items scheduled for this agenda. G. ADJOURNMENT There being no other business; Chairperson May asked the Commissioners for a motion to adjourn the Planning & Zoning Commission meeting on Tuesday, May 24, Motion by Vice Chairperson Russell Hooper, with second by Commissioner Vicki Hayes to adjourn the Planning & Zoning Commission meeting on Tuesday, May 24, Motion passed 7-0. AYE: Chairperson April May Vice Chairperson Russell Hooper Commissioner Vicki Hayes Commissioner Terrence Campbell Commissioner Rodney Beecham Commissioner Preston Gilstrap Commissioner JC Beard, Jr. April May Chairperson Planning & Zoning Commission Donielle Suber Planning Technician

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13 Planning and Zoning Commission Meeting F. 1. Meeting Date: 06/14/2016 Contact: Edlyn Vatthauer, Planning Manager Phone: File Number: Z Date Filed: 05/02/2016 Location: Size of Request: 3.66 acres Number of Lots: 1 On Interstate Highway 35 E (I-35 E) frontage road between The Meadows Pkwy and Southpointe Drive Current Zoning: Planned Development-20 (PD-20) Applicant: Jiger Patel Owner: Timothy D. Stanley AGENDA ITEM: Consider Zoning Case Z ; an amendment to Planned Development-20 (PD-20) to consider the approval of the Site Plan, Landscape Plan and Elevations for a proposed hotel, as well as the request for several deviations to regulations; located on Interstate Highway 35 E (I-35 E) and east of The Meadows Parkway; consisting of one (1) lot and 3.66 acres. Applicant: Jiger Patel; Owner: Timothy D. Stanley. SUMMARY: This case went to the Commission on May 24, It was tabled at that meeting to give the applicant time to prepare a line of sight study. The applicant called staff and said he would not have the line of sight study done in time for the packet, but that he would provided it at the meeting. The applicant desires to build a Glo Best Western Hotel within the area of Planned Development-20 (PD-20). Therefore, the applicant is bring this case forward for the review of the Site Plan, Landscape Plan and Elevations, in addition to several deviations. As provided on the Vicinity Map, the property in question is located along the Interstate Highway 35 E (I-35 E) frontage road, between The Meadows Parkway and Southpointe Drive. The property in question is located within Planned Development-20 (PD-20) (refer to the Zoning Map). As shown, this property is surrounded by other tracts that are in Planned Development-20 (PD-20) to the north and south. To the east is the frontage road and to the west is Planned Development-3 (PD-3), a residential Planned Development. As provided on the Aerial Photo, the property in question is vacant. To the north and south it is vacant. To the west is a creek and then single family homes. To the east is the City Limits. The applicant is asking for the following deviations to regulations. 1. Four stories, rather than two stories. 2. Minimum floor area of 250 square feet for each room, rather than the minimum requirement

14 of 325 square feet. 3. Not be required to have a restaurant within the hotel or within 200 feet of the hotel. 4. Provide a Fitness Room, rather than a pool, and that the size be allowed to be 600 square feet, rather than the minimum of 1000 square feet. 5. Be allowed to have two washers and dryers for guest. As can be seen on the attached Site Plan, the hotel would be located at the northwest corner of the frontage road and Southpointe Drive. The parking lot will be located to the east and west of the hotel, as well as a few spaces to the north. The hotel is proposed to have four stories and 75 rooms. There would be a drive that is located off of the frontage road, as well as two driveways off of Southpointe Drive. There would be a cross-access easement to the proposed lot to the north as shown. The Landscape Plan meets requirements. In addition, they plan to leave all the existing trees to the west in place. This will serve as the screening between the retail uses and the residential uses to the west. PUBLICATION REQUIREMENTS: Staff notified property owners within 200 feet and published Notice of Public Hearing as required by law. Thirteen (13) notices were mailed to adjoining property owners, zero (0) replies were received in favor and three (3) replies were received in opposition. RECOMMENDATION: N/A Attachments for Case Z Attachments

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28 Planning and Zoning Commission Meeting F. 2. Meeting Date: 06/14/2016 Contact: Edlyn Vatthauer, Planning Manager Phone: File Number: Z Date Filed: 05/09/2016 Location: Size of Request: acres Number of Lots: Whispering Oaks Drive Current Zoning: PD-112 (SF-20) Applicant: Audra Buckley Owner: Inspiring Body of Christ Church AGENDA ITEM: Consider Zoning Case Z ; a Specific Use Permit to allow an accessory building over 240 square feet at 1143 Whispering Oaks Drive; consisting of approximately acres and 1 lot. Applicant: Audra Buckley; Owner: Inspiring Body of Christ Church. SUMMARY: This case was heard by the Planning & Zoning Commission on February 23, The Planning & Zoning Commission recommended denial of the case, and the applicant withdrew the case before it went to City Council. The case is being resubmitted with no changes. The applicant desires to construct an 864 square feet accessory building to the rear of the lot in question. The Zoning Ordinance requires that all accessory buildings over 240 square feet must obtain a Specific Use Permit (SUP) if the structure is to be located in a residential area. The lot in question is located on the west side of Whispering Oaks Drive, south of Shadow Wood Trail, as provided on the Vicinity Map. As provided on the Zoning Exhibit, the property in question is zoned Planned Development -112 (PD-112), which has a base zoning of Single Family 20 (SF-20). Planned Development (PD-112) zoning exists to the north, east, west and south. As provided on the Aerial Exhibit, the lot in question contains a single family home, with adjoining lots containing single family homes as well. As provided on the Site Plan, the proposed accessory structure would be constructed in the rear of the lot in the northeast corner. As denoted, the structure will be 864 square feet. It would be located 20 feet from the rear and side property lines. The structure will be 14 feet and 9 inches to the top of the roof. The elevations of the proposed building are attached, which meet requirements. PUBLICATION REQUIREMENTS:

29 Staff notified property owners within 200 feet and published Notice of Public Hearing as required by law. Fourteen (14) notices were mailed to adjoining property owners, zero (0) replies were received in favor and one (1) reply was received in opposition. RECOMMENDATION: N/A Attachments for Case Z Attachments

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