On the agenda: Mesquite meeting — Data Center (Jul 27)

PLANNING AND ZONING COMMISSION MEETING
CITY COUNCIL CHAMBERS
757 North Galloway Avenue
Mesquite, Texas
July 27, 2026 - 7:00 P.M.

AGENDA
The Commission reserves the right to adjourn into a closed meeting at any time during the course
of this meeting to discuss any of the matters posted on this Agenda, when such closed session is
authorized by Texas Government Code Section 551.071 (Consultation with Attorney).
CALL TO ORDER
1. ROLL CALL.
PUBLIC COMMENTS
2. Any individual desiring to address the Planning and Zoning Commission regarding any item on the
AGENDA (excluding public hearing items) or any matter not listed on the Agenda shall do so on a
first-come, first-served basis. Comments are limited to three (3) minutes, except for a speaker
addressing the Planning and Zoning Commission through a translator will be allowed six (6) minutes.
CONSENT AGENDA
All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the Planning and Zoning Commission or any individual wish to discuss any item,
said item may be removed from the Consent Agenda upon request from a Planning and Zoning
Commissioner or by request of any other individual in attendance.
3. MINUTES.
Consider approval of the minutes for the July 13, 2026, Planning and Zoning Commission meeting.
PUBLIC HEARINGS
The City Council may approve modified development standards and/or a different zoning district than the
one requested, except that the different district will not: (1) have a maximum structure height or density
that is higher than the one requested; or (2) change the uses to solely nonresidential uses when the request
is for solely residential uses or vice versa.
4. ZONING APPLICATION NO. Z0626-0453
Conduct a public hearing and consider recommending approval of Zoning Application No. Z06260453 submitted by Viviana Monreal for a zoning change from General Retail to General Retail with a
Conditional Use Permit to allow a Minor Reception Facility located at 3330 N. Galloway Avenue,
Suite 150.

Page 1 of 2

DIRECTOR’S REPORT
5. DIRECTOR’S REPORT.
Receive the Director’s Report on recent City Council action taken on zoning-related items at their
meeting on July 20, 2026.
6. Discuss training topics and options for the Planning and Zoning Commission.

At the conclusion of business, the Chair shall adjourn the meeting.
********************************************
The Commission reserves the right to adjourn into a closed meeting at any time during the course of this meeting to discuss any of the matters
posted on this Agenda, when such closed session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney).
Pursuant to Section 551.007 (c) of the Texas Government Code, any member of the public wishing to address the Planning and Zoning
Commission through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the
assistance of a translator.
The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To
make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
CERTIFICATE
I, Garrett Langford, Assistant Director of Planning and Development Services for the City of Mesquite, Texas, hereby certify that the
attached Agenda for the Planning and Zoning Commission meeting to be held on July 27, 2026, was posted on the bulletin boards at the
Municipal Center and City Hall by July 21, 2026, (at least three (3) business days prior to the date of the meeting) and remained so posted
until after the meeting. This notice was likewise posted on the City’s website at www.cityofmesquite.com for at least three (3) business
days prior to the date of the meeting.

Garrett Langford, AICP
Assistant Director of Planning and Development Services

Page 2 of 2

MINUTES

July 13, 2026

PLANNING & ZONING COMMISSION
CITY OF MESQUITE, TEXAS
REGULAR MEETING

City Hall
City Council Chambers
757 North Galloway Avenue
Mesquite, Texas

ATTENDANCE: COMMISSIONERS (REGULAR MEMBERS AND ALTERNATES)
POSITION NO.

REGULAR
NAME

Position No. 1

Michael Morris

Position No. 2

Millie Arnold,
Chairwoman

Position No. 3

MEMBER ATTENDANCE

Present In-Person
Telephone/Video
Present In-Person
Telephone/Video

Absent

Present by

Absent

Present by

Roger Melend

Present In-Person
Telephone/Video

Absent

Present by

Position No. 4

Ronnie Chenault

Present In-Person
Telephone/Video

Absent

Present by

Position No. 5

Rick Cumby

Present In-Person
Telephone/Video

Absent

Present by

Position No. 6

Jeffrey Walker,
Chairman

Present In-Person
Telephone/Video

Absent

Present by

Position No. 7

Soira Teferi

Present In-Person
Telephone/Video

Absent

Present by

ALTERNATE NO.

ALTERNATE NAME

ATTENDANCE

Alternate No. 1

Vacant

Present In-Person
Required:
No
Yes)

Absent (* Attendance

Alternate No. 2

Debbie Screws

Present In-Person
Required:
No
Yes)

Absent (* Attendance

Vice-

ATTENDANCE: STAFF
Adam Bailey
Director, Planning & Development Services
Garrett Langford Assistant Director, Planning & Development Services
Elizabeth Douglas Planner
Carolyn Horner
Senior Planner
Jennifer Horton
Planner
Karen Strand
Deputy City Attorney
Millie Laird
Administrative Aide, Planning & Development Services
City of Mesquite, Texas

Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Page 1 of 9

Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

CALL TO ORDER
1. ROLL CALL
The meeting was called to order by Vice-Chairman Walker at 7:00 pm; Planner Elizabeth
Lonix took roll call and declared a quorum was present.
PUBLIC COMMENTS
2. There were no comments.
CONSENT AGENDA
3. MINUTES.
Consider approval of the minutes for the June 22, 2026, Planning and Zoning Commission
meeting.
ACTION
Mr. Melend made a motion to approve the minutes; Mr. Chenault seconded. The motion passed 70.
PUBLIC HEARINGS
4. ZONING APPLICATION NO. Z0426-0449
Conduct a public hearing and consider recommending approval of Zoning Application No.
Z0426-0449 submitted by Maxwell Fisher, ZoneDev, LLC, on behalf of Dominium
Development and Acquisition, LLC, for a zoning change to amend Planned Development –
Multifamily Ordinance No. 5116 to adopt a new concept plan and revised development
standards for a 277-unit multifamily development located at 21701 IH 635.
Planner Elizabeth Lonix presented.
DISCUSSION
Mr. Cumby recalled previous discussions where Staff had recommended developments with oneand two-bedroom units. He asked whether the City's position had officially changed or if the
recommendation was specific to this application.
Mr. Langford responded that the City's position has not changed and that Staff evaluates each
project on a case-by-case basis, considering whether the proposed development is appropriate for
the surrounding area. He explained that the original proposal presented to City Council included
one- and two-bedroom units, whereas the current proposal is intended to serve families, which is
why the applicant is requesting primarily three- and four-bedroom units.
Ms. Lonix added that the development could be constructed in accordance with the existing Planned
Development standards; however, the applicant is requesting the amendment to create a more
family-oriented development.

City of Mesquite, Texas

Page 2 of 9

Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

APPLICANT
Maxwell Fischer, ZoneDev, presented to the Commission on behalf of Dominium Development
and Acquisition.
DISCUSSION
Mr. Cumby asked Mr. Fischer to return to the modifications slide for review.
Ms. Teferi asked where the ADA-accessible units would be located within the development,
specifically whether they would be distributed throughout the property or concentrated in one area.
Mr. Fischer responded that the ADA-accessible units would be distributed throughout the
development. He noted that they are distinguishable on the concept plan, as they appear slightly
larger than the other units.
Mr. Meland asked for clarification regarding the proposed perimeter fencing. While he understood
the reasoning behind no gates, he requested additional explanation as to why portions of the
development would remain unfenced.
Mr. Fischer explained that the applicant has been coordinating with adjacent property owners
regarding fencing, screening, and landscaping, which were requested to address neighboring
properties' concerns. He stated that the applicant does not intend to fence the entire development.
He noted that discussions are ongoing with the property owner to the southwest regarding an
appropriate fencing, screening, or landscape solution. Along the eastern property line, the
development borders the highway, while the northern property line is separated from adjacent
properties by a public right-of-way that will remain wooded. He added that a future roadway could
eventually be constructed within that right-of-way, but based on current information, it is not
anticipated for many years. Therefore, no fencing is proposed along that boundary at this time.
Mr. Meland also asked whether sidewalks would be installed along New Market Road and Rodeo
Center Boulevard.
Mr. Fischer confirmed that sidewalks are required and will be constructed along both New Market
Road and Rodeo Center Boulevard.
Mr. Chenault asked for clarification that there would be no access point to the development from
the Interstate 635 frontage.
Mr. Fischer confirmed that there would be no entrance along the Interstate 635 side of the property
because there is no service road providing access.
PUBLIC COMMENTS
Vice-Chairman Walker opened the public hearing.

City of Mesquite, Texas

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Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

Sherry Turner, Living Gospel (700 Rodeo Center Blvd), expressed concern about the added traffic
due to the increase in bedrooms. Further requested that a fence be required along their property line,
stating that the burden to build a fence should not be on the church.
Mr. Chenault asked where the church was located in relation to the proposed development and
requested that it be identified on the map.
Ms. Lonix displayed an aerial map of the property and identified the church's location relative to
the proposed development.
DISCUSSION
Mr. Fischer returned to the podium to address the traffic concern and added that the applicant would
be happy to work with the church to add a fence but cannot be sure if it is necessary.
Mr. Cumby asked whether the small cutout shown on the concept plan represented the fire station.
Mr. Fischer confirmed that it did.
Mr. Cumby then asked whether there was, or would be, a fence separating the development from
the fire station property.
Mr. Fischer responded that no new fence is proposed along that property line but confirmed that an
existing fence is already in place.
Mr. Cumby commented that it appeared the previous speakers were requesting additional security
measures between the development, the church, and the fire station, and asked whether that was a
reasonable interpretation.
Mr. Fischer agreed, stating that it appeared the speakers were requesting fencing to discourage
pedestrians from crossing directly between the proposed development and the church property.
Mr. Chenault acknowledged the concerns raised by both sides and asked whether a fence would
help prevent individuals experiencing homelessness from entering the development.
Mr. Fischer responded that the development would be institutionally managed and monitored with
security cameras throughout the property. He stated that, once developed, he did not anticipate
issues related to homelessness, noting that individuals experiencing homelessness generally seek
areas that provide shelter and avoid locations where they are likely to be asked to leave.
Mr. Chenault then asked how far the fence along the fire station property extended.

City of Mesquite, Texas

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Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

Mr. Fischer clarified that the applicant is not proposing a new fence adjacent to the fire station. He
explained that the existing fence is located on the fire station property and is not part of the proposed
development.
Vice-Chairman Walker commented that an existing fence already surrounds the fire station, leaving
only a small section where additional fencing would be needed. He stated that extending the fencing
would help separate the development from the fire station and acknowledged the church's concerns,
noting that the proposed residential community would back up to the church property. He added
that, if concerns related to homelessness were to arise, a fence could benefit both properties by
providing additional separation. Vice-Chairman Walker then asked whether the applicant had any
objection to installing the additional fencing.
Mr. Fischer responded that the applicant had no objection and would be willing to install the
additional fencing.
Mr. Chenault stated that he understood and appreciated the applicant's desire to maintain an open
look and feel for the development. He asked whether the applicant would consider installing a
decorative wrought iron or similar metal fence that would provide separation while preserving the
open appearance.
Mr. Fischer responded that the applicant would be agreeable to installing a decorative metal fence.
Ms. Screws asked whether installing a fence adjacent to the church would prevent individuals from
simply walking around the fence near Interstate 635.
Mr. Fischer responded that an existing fence is currently located in that area. He explained that,
during development, it will be determined whether the fence remains based on its location,
specifically whether it is on private property or within the public right-of-way, and whether the
Texas Department of Transportation requires it to remain.
Mr. Meland stated that, given the family-oriented nature of the development and the presence of
children, maintaining the fencing would be an important safety consideration.
Mr. Fischer responded that he was not aware of the existing fence being removed and clarified that
it is a TxDOT fence.
Vice-Chairman Walker closed the public hearing.
ACTION
Mr. Melend made a motion to approve with Staff's recommendations and the addition of a six-foot
wrought iron fence along the norther boundary of the property. Mr. Chenault seconded. The motion
passed 7-0.

City of Mesquite, Texas

Page 5 of 9

Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

5. ZONING TEXT AMENDMENT NO. 2026-02
Conduct a public hearing and consider recommending approval of Zoning Text Amendment
No. 2026-02, amending the Mesquite Zoning Ordinance by making certain additions and
deletions to sections contained in Sections 3.200 "Nonresidential Use Regulations," 3.500
"Supplementary Use Regulations," 3.700 "Accessory Structure Regulations," and Section
6.102 "Definitions" pertaining to revising and establishing regulations regarding, but not
limited to, drone delivery and autonomous package loading devices.
Director Adam Bailey presented.
DISCUSSION
Ms. Screws asked about the Walmart drone staging areas located along Interstate 80 and whether
they were already operational.
Mr. Bailey confirmed that Walmart's drone staging areas, including the associated zipline delivery
system, were previously approved and became operational in April 2025.
Ms. Teferi requested clarification regarding the inclusion of key standards, specifically whether
requirements related to accessible parking spaces and electric vehicle (EV) parking spaces were
addressed as part of the text amendment.
Mr. Bailey explained that the amendment would not allow a reduction in required parking spaces.
He stated that the purpose of the amendment is to allow locations with excess parking capacity to
utilize some parking areas for these operations, provided the required parking is maintained. He
added that applicants would be required to demonstrate safe circulation for employees and ensure
adequate space to safely operate the equipment, including addressing situations where an
autonomous loading device may fall or malfunction. He confirmed that these considerations are
addressed within the proposed standards.
Ms. Teferi stated that, after reviewing the provided images, she was concerned about potential
impacts from severe Texas weather conditions. She asked whether the equipment could fall onto
a vehicle, such as one parked in an EV charging space, or impact employees working nearby.
Mr. Bailey responded that the proposed standards would require adequate clearance to ensure that,
in the event the equipment were to fall, it would not impact parking spaces, drive-through lanes,
sidewalks, or other areas used by vehicles or pedestrians.
Mr. Chenault requested clarification regarding the screening requirements for the drone staging
areas and asked whether a masonry fence would be required.

City of Mesquite, Texas

Page 6 of 9

Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

Mr. Bailey clarified that, referring to the previously discussed Walmart drone staging areas, any
side of the staging area that faces a public right-of-way would be required to have masonry
screening. He explained that if two sides of the staging area face a public right-of-way, those sides
would require masonry screening, while the remaining sides could utilize decorative metal
fencing, such as wrought iron. He noted that the screening would not need to be solid on all sides.
Mr. Bailey added that Staff has observed examples in other cities where similar facilities have
incorporated screening successfully and stated that if these facilities can be designed attractively
in other communities, they can also be appropriately designed within Mesquite.
Mr. Chenault stated that his understanding was that a masonry fence could create operational
issues for the staging area.
Mr. Bailey asked Mr. Langford for clarification regarding the example city previously discussed.
Mr. Langford explained that the drone staging area in Waxahachie was located behind an existing
screening wall. He noted that requiring a masonry wall around the entire facility could create
challenges; however, the proposed requirement is limited to the sides facing the street, where
screening would be appropriate.
Mr. Meland commented that similar concerns were raised when Zipline was proposing a staging
area near Quality Home.
Mr. Langford responded that the Zipline facility near Quality Home utilized wrought iron fencing
around the entire site.
Mr. Meland stated that he recalled discussions with Zipline requesting screening all the way
around, and Zipline expressed concerns that fully screening the staging area would interfere. He
added that a similar situation occurred with the proposed facility at the mall.
Mr. Bailey clarified that the mall location was slightly different, as it was intended to be a
temporary testing site for the delivery provider. He noted that the facility was not intended as a
permanent operation and that the applicant has not moved forward with the required Conditional
Use Permit.
Mr. Chenault stated that the Zipline representatives previously indicated that a solid wall would
not be appropriate for the staging areas, that it would interfere with the technology.
Mr. Meland agreed, stating that was his understanding as well.
Mr. Bailey responded that Staff has information supporting the use of solid screening and noted
that Mr. Langford could confirm the discussion from a recent call. Mr. Chenault clarified that his

City of Mesquite, Texas

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Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

comment was based on what had been stated by the applicant. Mr. Bailey acknowledged that the
applicant may have expressed that concern during the public hearing but stated that similar
facilities have been constructed with at least two solid screening walls.
Mr. Chenault discussed the neighborhood Walmart drone staging areas, noting that the staging
areas had been moved around different locations within the parking lot and that the operator had
expressed concerns with requiring permanent screening.
Mr. Bailey clarified that the proposed amendment would establish standards moving forward. He
explained that if an applicant proposes a drone staging area similar to the Walmart facility or the
conditionally approved mall location, any portion of the staging area facing a public street would
be required to provide solid screening.
Mr. Chenault stated that he supported the concept.
Ms. Screws explained that, at the Walmart location, the staging areas are positioned against a wall.
She described observing the delivery process, where employees bring the packages to the staging
area, the drone retrieves the package, and the drone departs.
Mr. Bailey stated that Ms. Screws brought up an important point regarding public interest in the
technology. He explained that drone operations are visually appealing and attract attention from
bystanders, which creates safety considerations. He noted that Building Inspection and the Fire
Marshal have also provided input regarding safety concerns, and that safety is a primary
consideration in establishing these standards.
PUBLIC COMMENTS
Vice-Chairman Walker opened the public hearing. No one came forward; the public hearing was
closed.
ACTION
Mr. Chenault made a motion to approve; Ms. Screws seconded. The motion passed 7-0.
DIRECTORS'S REPORT
6. DIRECTOR'S REPORT
Adam Bailey, Director of Planning & Development, advised the Commission on Planning and
Zoning cases on July 6, 2026, Council Agenda.
I. City Council, 07/06/2026
• The 7-11 convenience store at FM 740 and FM 2757 was approved.
• Prosperity Fire CUP was approved.
• Data Center ZTA was tabled until July 20, 2026.

City of Mesquite, Texas

Page 8 of 9

Planning & Zoning

MEETING MINUTES

Regular Meeting July 13, 2026

II. Preparing for City Council July 20, 2026
• Pre-meeting, Planning and Development Services will be presenting our proposed
budget to council; 2 budget offers: electronic plan review platform and offer to hire a
consultant to assist in a full zoning ordinance overhaul – making it more modern and
user-friendly
• Public Hearings include:
o PD with CUP to allow for electrical contractor office and warehouse with
accessory storage
o CUP to allow for Accessory Dwelling Unit
o Zoning Text Amendments for Data Centers
III. Special Projects
•
•
•
•

Update on NGTCS, open house, July 11, 10 am – 1 pm at the Elks Lodge
Update on Roadway Impact Fee Study; data gathering
Update on Comp Plan update; strategic plan kickoff
o Next steps are stakeholders meeting with city council, CMO July 23, 24
Upcoming Zoning Text Amendments
o Infill, Multifamily housing standards & SB 840
o Sign ordinance
o Drive-through facility

IV. Miscellaneous
• Planning and Development Service department is fully staffed
• Director to attend NAPC FORUM 2026, July 22-26, 2026, Minneapolis
• Downtown Mesquite and Economic Development on establishing a Historic Overlay
(HPOD); Tentative September/ October for project kickoff
7. Discussion: Training topics and options for the Planning and Zoning Commission
• Saturday, August 1st will be a training day for the Commission as well as for members of
the Board of Adjustment, Landmark Commission, and Building Standards Board. City
Manager's Office and City Council will be included. The training session will be from
8:30 am to noon. Breakfast will be provided.
• State Conference APA will be held in the Metroplex (Irving) on October 16-18, 2026.
The next meeting will be held on Monday, July 27, 2026.
Chairman Walker adjourned the meeting at 8:12 pm.
Vice-Chair Jeffrey Walker

City of Mesquite, Texas

Page 9 of 9

P LA NNI NG AND ZO NI NG DIVIS IO N

Z0626-0453
Conditional Use Permit
Carolyn Horner, Senior Planner

FILE NUMBER:
REQUEST FOR:
CASE MANAGER:
PUBLIC HEARINGS

Planning and Zoning Commission:
City Council:

Monday, July 27, 2026
Monday, August 17, 2026

GENERAL INFORMATION
Applicant:

Viviana Monreal

Requested Action:

A Conditional Use Permit to allow a minor reception facility within 500 feet
of a residential district.
3330 N. Galloway, Unit 150 (Attachment 1 – Aerial Map)

Location:

PUBLIC NOTICE
Staff mailed notices to all property owners within 200 feet of the subject property and a courtesy
notice to all property owners within 400 feet of the subject property (Attachment 2 – Notification
Map). As of July 24, 2026, Staff has received no responses.

SITE BACKGROUND
Platting:

Galloway Plaza 3, Block A Lot 3

Size:

+/- 11.64 acres (entire lot)

Zoning:

GR - General Retail

Future Land Use:

NR – Neighborhood Retail

Zoning History:

1971 – Annexed and zoned Residential
1971 – Rezoned to Local Retail
1973 – Rezoned to General Retail
2010 – Conditional Use Permit granted for used merchandise/antiques for
Suite 225

Surrounding Zoning and Land Uses (Attachment 3 – Zoning Map):
NORTH:

ZONING
GR - General Retail

EXISTING LAND USE
Large lot retail

SOUTH:

A - Multifamily Residential

Rise at Town East Apartments

EAST:

R-3, Single Family Residential

Single Family Residential neighborhood

WEST:

GR - General Retail

Retail

Planning and Zoning Division
Prepared by Carolyn Horner, AICP

Page 1 of 18

File No.: Z0626-0453
Conditional Use Permit

CASE SUMMARY
The applicant is requesting a Conditional Use Permit (CUP) to allow a minor reception facility
in a 4480-square foot suite within a multi-tenant building on the east side of the property. The
proposed reception facility will be used to accommodate events, including parties, weddings,
quinceañeras, anniversaries, training seminars, and corporate events by appointment.
The Mesquite Zoning Ordinance (MZO) requires a CUP for minor reception facilities in the
General Retail zoning district when located within 500 feet of a residential district. A minor
reception facility is a Reception Facility that does not exceed 6,000 total square feet (including
the entire building square footage and any outdoor areas which are designated for reception
activities). The MZO, Section 3-508 requires all reception facilities to adhere to the following
regulations:
•
•

•
•

•

•

Operating Hours: Restricted to 8:00 a.m.–10:00 p.m. (Monday–Thursday) and 8:00
a.m.–midnight (Friday–Sunday).
Security Details: One guard is required for up to 25 guests, with an additional guard
for every 100 extra people if alcohol is present or if a DJ/live music plays for teens
aged 13–21.
On-Site Supervision: The owner or an authorized agent must stay on the property for
the entire duration of any scheduled event.
Surveillance Systems: Continuous 24-hour HD digital camera surveillance (at least
1080p) must cover all active entry paths, exit doors, and parking locations, keeping
records for a minimum of 10 days.
Alcohol Policies: No hard liquor is permitted on-site; only beer and wine are allowed
if managed by a TABC-certified bartender, up to a maximum of two times per month
per server group.
Cleanliness Expectations: The operator must clear away all remaining trash and
litter immediately following the end of an event.

The applicant anticipates this reception facility will operate on a reservation-only basis and will
not be open for general or walk-in entertainment. The applicant is anxious to start this endeavor,
which will be her first reception facility business, and has already signed a lease with the
shopping center operator.
The maximum expected capacity is 270 people, based on information submitted by the
applicant. All activities will take place indoors in the tenant’s suite during allowed operating
hours. The applicant does not plan on using any exterior space for assembly or gathering.
Sound will be provided through a professional sound system, or a DJ may use the space to
provide music for specific events. The host will not provide alcohol, but a certified bartender will
be available if the customer allows beer or wine to be brought in for a planned event. No hard
liquor will be allowed on premise. The appropriate TABC license will be submitted after the
CUP is approved. The kitchen on site is for storing or arranging prepackaged food for an event,
warming up food, cleaning, supplies, and general food storage.

Planning and Zoning Division
Prepared by Carolyn Horner, AICP

Page 2 of 18

File No.: Z0626-0453
Conditional Use Permit

The proposed reception facility is approximately 57 feet from the nearest residential district,
which is a single-family neighborhood bordering the shopping center to the east. With insulation
to reduce noise levels, and no available outdoor space for gathering, outside disturbance is
predicted to be minimal to nonexistent.
All regulations for reception facilities, located in Section 3-508 of the MZO and listed above, will
apply to the proposed use. The business owner will provide certified and/or appropriate staff
for each event, such as bartenders, security, representative, audio system operators, or
cleanup crews.

MESQUITE COMPREHENSIVE PLAN
The Mesquite Comprehensive Plan designates the subject property as Neighborhood Retail on
the Future Land Use Map (Attachment 4 – Future Land Use Map). Neighborhood retail should
be located on arterial roadways or collector roadways. This land use should serve as a buffer
from roadways for residential areas, providing a transitional land use between residential uses
and higher intensity commercial land uses. Neighborhood Retail establishments include a
variety of retail and personal service businesses that meet the daily needs of the residents.
This development type generally includes small or medium scale development ranging from
1,500 square feet to 45,000 square feet and one to two stories in height. (Mesquite
Comprehensive Plan, [page 45]).
STAFF COMMENTS:
Staff finds that the proposed minor reception facility use is consistent with the Mesquite
Comprehensive Plan designation of Neighborhood Retail. The purpose of the Neighborhood
Retail designation is to provide a land use buffer between residential uses and high-intensity
commercial land uses and is located on an arterial roadway.

MESQUITE ZONING ORDINANCE
SECTION 5-310.N: REVIEW CRITERIA FOR CONDITIONAL USE PERMITS
1. The extent to which the proposed CUP promotes public health, safety, and welfare.
STAFF COMMENTS: The proposed CUP will operate indoors within an existing tenant
space and therefore poses no health or safety risks, as it will be required to comply with
all applicable city codes and regulations. The MZO, 3-508.A.3, details the regulations all
reception facilities must adhere to in the City of Mesquite. Those regulations include the
installation of on-site security personnel, surveillance cameras at specific points, digital
display resolution and storage, and signage, with which the applicant has stated in
writing that she will comply.
2. The consistency of the proposed CUP with the Comprehensive Plan and any other adopted
land use policies.

Planning and Zoning Division
Prepared by Carolyn Horner, AICP

Page 3 of 18

File No.: Z0626-0453
Conditional Use Permit

STAFF COMMENTS: The proposed CUP is consistent with the Mesquite Comprehensive
Plan. The Comprehensive Plan identifies the location as Neighborhood Retail, and the
proposed CUP will add to the existing retail uses in the retail center.
3. The extent to which the proposed CUP will support and further the City Council’s strategic
goals.
STAFF COMMENTS: Granting this CUP supports the City Council’s Strategic Goal 4.1 of
promoting investment in new and existing businesses. This new business investment
will help support the retail center and employment within the City.
4. The extent to which the proposed CUP creates nonconformities.
STAFF COMMENTS: The proposed CUP will not create any nonconformities.
5. The compatibility with the existing uses and zoning of nearby property such that the
proposed CUP will not be injurious to the use and enjoyment of other property in the
immediate area for purposes already permitted, nor substantially diminish property values
within the immediate vicinity.
STAFF COMMENTS: All activities associated with the proposed minor event center will
occur indoors and by reservation only. Noise is a common concern for reception
facilities, particularly those located within 500 feet of residential properties. However,
with appropriate mitigation measures, potential noise impacts can be minimized.
The City of Mesquite Noise Ordinance (City Code, Chapter 10, Article III) establishes
maximum permissible sound levels and provides enforcement mechanisms for
violations. The ordinance also authorizes the Director of Planning and Development
Services to require a noise abatement study for existing or proposed businesses that
exceed, or have the potential to exceed, the allowable noise limits.
To help ensure compatibility with adjacent businesses and nearby residential
properties, staff recommends a CUP stipulation requiring the tenant space to be
acoustically insulated prior to the issuance of a Certificate of Occupancy. Staff also
recommends requiring the applicant to perform post-construction acoustic testing
demonstrating compliance with the City’s Noise Ordinance. Testing should be
conducted from adjacent tenant spaces and at the nearest residential property line.
6. The trend of development, if any, in the general area of the property in question.
STAFF COMMENTS: The general area has been developed as a retail destination and is
experiencing growth with tenant changes. The existing multifamily and single-family
residential neighborhoods which border the retail site were developed with codecompliant screening and are stable residential areas.
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7. Whether adequate public facilities are available including, but not limited to, schools, parks,
police, and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are
reasonably capable of being provided prior to the development of the uses which would be
permitted on the subject property if the CUP were adopted.
STAFF COMMENTS: Existing utilities, access roads, and drainage facilities to the site
are currently available and adequate for the proposed CUP.
8. The extent to which adequate measures have been or will be taken to provide sufficient offstreet parking and loading spaces to serve the proposed conditional uses.
STAFF COMMENTS: The subject property has sufficient off-street parking for the
proposed use. The proposed reception facility will require 1 parking space for each 50
feet of assembly/gathering area. The suite is 4480 square feet; therefore, 90 parking
spaces are required. According to the building permit records, the retail center
constructed in 1983 contains 776 parking spaces. The Reception Facility will be open
later than the other retail tenants in the center, so evening events will have parking.
Daytime events tend to be of a shorter time, so overflow parking will not be necessary.
9. Whether adequate measures have been or will be taken to prevent or control offensive
lights, odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance
and/or violate the Mesquite City Code, including the MZO.
STAFF COMMENTS: Staff recommends including a stipulation requiring the tenant
space to be acoustically insulated to reduce sound transmission and requiring acoustic
testing prior to the issuance of a Certificate of Occupancy to demonstrate compliance
with the City of Mesquite Noise Ordinance (City Code, Chapter 10, Article III). With these
stipulations in place, and because the facility does not include any outdoor gathering
areas, staff does not anticipate the proposed use will create a nuisance or violate the
Mesquite City Code.
10. Any other legally sufficient standard under Texas law.
STAFF COMMENTS: The proposed CUP is subject to the applicable notice and hearing
requirements established by state law and the MZO. Pursuant to Texas Local
Government Code Section 211.006(d), written protests submitted by the owners of 20
percent or more of the area of the lots included within a proposed zoning change or of
the area of lots within 200 feet of the property subject to the zoning change require
approval by a three-fourths vote of all members of City Council. As of the date of this
report, no valid written protest has been received.
No other legally sufficient standards have been identified that would preclude
consideration of the proposed CUP.

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CONCLUSIONS
ANALYSIS
The primary compatibility issue with this request is the location of the proposed minor reception
facility approximately 57 feet from a single-family residential district to the east. This proximity
is the reason a CUP is required. Under the MZO, a minor reception facility is a permitted use
in the General Retail district. A CUP is only required when the use is located within 500 feet of
a residential district. Unlike a major reception facility, which is prohibited within 500 feet of a
residential district, the ordinance allows a minor reception facility in this situation provided the
City determines, through the CUP process, that the use can operate compatibly with
surrounding properties.
Staff believes the proposal can be compatible with the adjacent residential area, subject to the
recommended stipulations. All activities will occur indoors and by reservation only, and no
outdoor gathering areas are proposed. To further reduce the potential for noise impacts, staff
recommends requiring the tenant space to be acoustically insulated prior to the issuance of a
Certificate of Occupancy and requiring post-construction acoustic testing demonstrating
compliance with the City’s Noise Ordinance. These stipulations provide an objective and
enforceable means of ensuring the facility operates in a manner that is compatible with both
nearby residences and adjacent tenants.
The remaining review criteria are also satisfied. The existing shopping center provides sufficient
parking to accommodate the proposed use, no zoning nonconformities are created, and
adequate public facilities and utilities are available to serve the site. The General Retail zoning
district is consistent with the Neighborhood Retail Future Land Use designation, and a minor
reception facility is an anticipated use within that district. Based on the analysis of the review
criteria in Section 5-310(N) of the Mesquite Zoning Ordinance, staff concludes that the
proposed use is consistent with the Mesquite Comprehensive Plan and that the recommended
stipulations adequately address the compatibility concerns associated with the site’s proximity
to the adjacent residential district.
STAFF ASSESSMENT
Based on the information contained in the application and the analysis of the facts of record,
Planning Staff concludes that approval of the request, subject to the recommended stipulations,
is warranted. As discussed in the review of the criteria in Section 5-310(N) of the MZO, the
proposed use is consistent with the Mesquite Comprehensive Plan. The recommended
stipulations are intended to ensure the use operates in a manner that minimizes potential
impacts on adjacent tenants and nearby residential properties.
Should the Planning & Zoning Commission recommend approval of the CUP, Staff suggest the
following stipulations:
1.

There shall be no outside activity related to the reception facility on the property.

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2.

3.

4.

5.

The tenant space shall be properly sealed and insulated to prevent sound from
impacting adjacent businesses and residences. The tenant space is properly sealed
and insulated only if an engineered design bearing the seal of a registered
professional engineer or architect is (a) submitted to the Building Official, (b)
approved by the Building Official, and (c) constructed.
Prior to the issuance of a Certificate of Occupancy, the applicant shall submit
acoustic testing demonstrating compliance with the City of Mesquite Noise
Ordinance (City Code, Chapter 10, Article III). The testing shall be conducted from
the adjacent tenant spaces and the nearest residential property line.
The CUP is approved solely for Heavenly Events (owner Viviana Monreal) and is
not transferable or assignable. 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 MZO for initial approval
of a CUP.
Upon conviction of at least three violations of the City’s Code of Ordinances,
including but not limited to the MZO which include Section 3-508 and stipulations of
this CUP, during any consecutive twelve-month period, then (1) the Building Official
shall revoke the Certificate of Occupancy for the property, and (2) Heavenly Events
(owner Viviana Monreal) shall automatically forfeit the CUP granted by this
ordinance, without further action.

Alternatively, based on the information provided at the public hearing, the Commission may:
1.
or
2.

Recommend approval of the request without stipulations
Recommend denial of the request.

ATTACHMENTS
1. Aerial Map
2. Public Notification Map
3. Zoning Map
4. Future Land Use Map
5. Site Pictures
6. Letter of Intent
7. Concept Plan

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ATTACHMENT 1 – AERIAL MAP

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ATTACHMENT 2 – PUBLIC NOTIFICATION MAP

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ATTACHMENT 3 – ZONING MAP

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ATTACHMENT 4 – FUTURE LAND USE MAP

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ATTACHMENT 5 – SITE PICTURES

View of the public notice sign.

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ATTACHMENT 6 – LETTER OF INTENT

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ATTACHMENT 7 – CONCEPTUAL FLOORPLAN RENDERING

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