Planning and Zoning Commission Meeting


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  F.2.       
Meeting Date: 05/23/2017  
Contact: Edlyn Vatthauer, Planning Manager
File Number: Z-1352-17  
Date Filed: 04/25/2017  
Location: At the northwest corner of Westmoreland Road and Pleasant Run Road
Size of Request: 3.7 acres  
Number of Lots: 1  
Current Zoning: Neighborhood Services (NS)
Applicant: Barry Brewer  
Owner: Dr. P.R. Lewis

AGENDA ITEM:
Consider Zoning Case, Z-1352-17, a change in zoning from Neighborhood Services (NS) to a Planned Development, with Neighborhood Services (NS) as the base zoning, allowing a Wedding, Banquet and Party Facility by-right; located at the northwest corner of Westmoreland Road and Pleasant Run Road; consisting of one (1) lot and 3.7 acres.  Applicant:  Barry Brewer; Owner: Dr. P.R. Lewis.
SUMMARY:
A Wedding, Banquet and Party Facility is not allowed in the Neighborhood Services (NS) district.  Consequently, the applicant is requesting to rezone the property in question to a Planned Development, with Neighborhood Services as the base zoning, and allowing a Wedding, Banquet and Party Facility use by-right.  In addition, several deviations have been requested.

The property in question is located at the northwest corner of Westmoreland Road and Pleasant Run Road, as shown on the Vicinity Map.

As provided on the Zoning Exhibit, the property in question is zoned Neighborhood Services (NS).  To the north is Planned Development 52 (PD-52), which is a single family development.  To the west is Single Family-15 (SF-15) zoning.  To the south, across Pleasant Run Road is Single Family-Country Estates (SF-CE) zoning.  And to the east, across Westmoreland Road is Planned Development 55 (PD-55), which allows an Assisted Living Care Facility.  At the southeast corner of Westmoreland Road and Pleasant Run Road it is zoned Single Family-10 (SF-10).

As seen on the Aerial Photo, the property in question is vacant.  To the north are two undeveloped lots and single family homes.  To the west are single family homes.  To the south, across Pleasant Run Road, it is vacant.  To the east, across Westmoreland Road, is an Assisted Living Care Facility.  At the southeast corner of Westmoreland Road and Pleasant Run Road is the Windsor Park Baptist Church.  To the south of that is the DeSoto West Middle School.

As provided on the Site Plan, the building for this use would be located on the hard corner of Westmoreland Road and Pleasant Run Road.  Parking for this use is located to the west of the building.  There will be two points of access.  One off Pleasant Run Road and the other off Westmoreland Road.  A six (6) foot masonry wall will be built along the west property line, as required when a nonresidential use adjoins a residential use.  To the north the applicant will use live screen, rather than building a masonry wall.  Also to the north will be the proposed detention pond.  Please keep in mind that the applicant has denoted that this is approximately where the detention pond will be located.  This does not represent the exact location or size of the detention pond.  That will be determined later once they get into their civil plans.

The Landscape Plan, which is included in this submittal meets requirements.

Elevations are also provided, which meet the masonry requirements.

The applicant is asking for the following deviations.

1.  Permit the Wedding, Banquet, and Party Facility to be allowed by-right in the Planned Development.
2.  Allow the building to have a maximum height of two stories (24 feet to the top plate), rather than one story height only of 12 feet to top plate.
3.  Allow the existing trees along the north side of the property and along the creek to serve as a natural screen, rather then a six (6) foot masonry wall.
PUBLICATION REQUIREMENTS:
Staff notified property owners within 200 feet and published “Notice of Public Hearing” as required by law.  Seventeen (17) notices were mailed to adjoining property owners, zero (0) replies were received in favor and six (6) were received in opposition. 

In addition, staff received opposition from 85 property owners who live outside the 200 feet area, which equates to approximately 69 lots.  This opposition came from persons within the surrounding neighborhoods.
Attachments
Attachments for Case Z-1352-17


    

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