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Planning and Zoning Commission Minutes - 12/14/2022 MINUTES PLANNING & ZONING COMMISSION December 14, 2022 PRESENT: David Cook •Chairman Michael Grassi •Member Blake Haney •Member Mark McBurnett •SAFB Liaison Doug McCulloch •Member Noros Martin •Member Wayne Pharries •Member Jeremy Woodward •Vice-Chair James McKechnie, Deputy City Attorney •City Staff Terry Floyd, Development Services Director •City Staff Christal Cates, Senior Executive Assist. •City staff Cedric Hu, Planning Technician •City Staff ABSENT: Steve Lane •Member Matt Marrs •Alternate No.2 Cayce Wendeborn • Member Steve Wood •Alternate No.1 r"ct..wtilu it "ey •Council Liaison I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. Vice- Chairman Cook proceeded to make the following comments: a. This meeting is being televised live on Channel 1300. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case-by-case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. d. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. Planning and Zoning 2 December 14, 2022 III. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public. With no response, Mr. Cook closed public comments. IV. APPROVAL OF MINUTES Vice Chairman, Jeremy Woodward made a motion to adopt the November 9, 2022, minutes. Mr. Noros Martin seconded the motion. The motion was passed unanimously, 7-0 VII. CONSENT AGENDA Case P 22-21 Brook Hollow Apartments Addition, Lot 1, Block 1 Case P 22-22 East End Gardens, Lots 1 C, 1 D & 1 E Chairman Cook asked if anyone had an item to be moved to the regular agenda. Nothing to be moved. Mr. Wayne Pharries made a motion to approve the consent agenda. Vice-Chairman, Mr. Jeremy Woodward seconded the motion. Motion passed unanimously, 8-0. VIII. REGULAR AGENDA 1. Case C 22-21 — 814 Indiana Avenue: Consider taking action on a conditional use at 814 Indiana Avenue to allow for drinking establishment in the Central Business District (CBD) zoning district. Applicant: Tanner Lucking Mr. Noros Martin made a motion to approve the case. Mr. Jeremy Woodward seconded the motion. Mr. Fabian Medellin presented the case and stated the applicant had met with staff for a pre-development meeting in regards to leasing a multi-story structure located at 814 Indiana Avenue. Mr. Tanner Lucking, the applicant has propositions for each floor that will be phased in throughout his lease. The first development he would like to pursue is for a nightclub to be located on the first floor. Drinking establishments in the Central Business Districts (CBD) are not allowed by right and do require an approved conditional use permit from the Committee. Mr. Medellin advised the property was located on Indiana Avenue between 8th and 9th Street, within the core of central downtown Wichita Falls. The surrounding uses are parking lots to the north, office space, indoor recreation, multi-family uses, park central, vacant structures, retail uses restaurants and another drinking establishment. Planning and Zoning 3 December 14, 2022 A conceptual plan provided by Mr. Lucking was displayed to show the major elements of a nightclub. The structure was most recently used as a gymnastics facility, however, it was used as a nightclub from 2007 to 2014 under different names. Mr. Medellin stated directly across the street is another drinking establishment and many more in the core area of downtown. A drinking establishment is defined as a business that operates with 50% or more profits from the sale of alcohol. Staff notified 18 property owners within 200ft. of the subject property and received back 5 responses in opposition, all from the same owner whose major concern was parking and if staff had addressed this. Mr. Medellin stated in the Central Business District (CBD) there were no parking requirements. While studying the proposal and the use downtown, staff reviewed the potential for negative impacts on the surrounding properties, such as the noise level with nightclubs not closing until 2am. The noise level will be buffered and located inside the structure at all times. Staff felt nightclubs are a good fit for the downtown area and that they give a second life to the area. During the day there are businesses being operated with office workers and at night citizens seeking entertainment and recreation. It is not believed there will be a time where dual coverage or both uses are fully operational at the same time. It is also believed the traffic created at night will be offset by the absence of daytime traffic. Staff recommended the approval of the proposed drinking establishment at 814 Indiana Ave. subject to the following conditions: 1. Compliance with the special conditions as outlined in Section 3769 pertaining to the exclusion of operating from the hours of 2:15 am — 5:30 am and the limitations of sign types. 2. The conversion shall comply with all applicable building, health, zoning, and fire codes leading to the issuance of a Certificate of Occupancy. Chairman Cook asked if the applicant was present, Mr. Lucking was present and did not wish to present anything further to the Commission. Chairman Cook asked for any public comments. Chairman Cook closed public comments and opened the floor up to Commission discussion. Commission member, Mr. Noros Martin asked if the structure was a 2 or 3 story building and what the other floors were to be developed into. Mr. Lucking advised it was a 3-story structure and the petition was only for the nightclub on the 1st floor. There were no further comments from the Commission. Mr. Cook called for a vote and the motion passed unanimously 7-0. 2. Case C 22-21 — 724 Indiana Avenue: Consider taking action on a conditional use at 724 Indiana Avenue to allow for a tattoo studio in the Central Business District (CBD) zoning district. Applicant: Anthony Kappes Planning and Zoning 4 December 14, 2022 Mr. Jeremy Woodward made a motion to approve the case. Mr. Blake Haney seconded the motion. Mr. Fabian Medellin presented the case, stating this case was another adding to the nightlife of downtown. The applicant, Mr. Anthony Kappes, met with staff in regard to leasing and converting one of the floors of 724 Indiana Avenue into a tattoo studio. During the pre-development meeting staff outlined steps that would need to be followed and this included petitioning for a conditional use that would allow Mr. Kappes to move forward with his development. The subject property is located in the central area of downtown Wichita Falls, between 7th and 8th Street, home of the former Crash Works. To the north of the property is The North Central Texas Museum and a parking lot. To the west is the Big Blue building and parking garage. To the south are office spaces, maniac mansion and multi-family living spaces. To the east is a parking garage, office and retail spaces, eating establishments and the brewery. The applicant will only be occupying the 2nd floor of the subject property as a tattoo studio and currently there are no further plans for the other floors. Staff notified 18 property owners and received 3 in favor, all from the same owner and 3 opposed, all from the same owner. The property owner opposed to the request had concerns for parking downtown, however, tattoo studios have limited amounts of walk-in clients, and most are by appointment only in the afternoon and evening hours. Staff believes the tattoo studio and the way it functions is a unique part of American culture and a personal expression of art that will add to the growing downtown arts scene. With all potential impacts taken into consideration, staff recommends the approval of the proposed tattoo studio at 724 Indiana Ave. subject to the following conditions: 1. Compliance with the special conditions as outlined in Section 3769 pertaining to the exclusion of operating from the hours of 2:15 am — 5:30 am and the limitations of sign types. 2. The conversion shall comply with all applicable building, health, zoning, and fire codes leading to the issuance of a Certificate of Occupancy. 3. Business hours shall not extend beyond 10 pm daily. 4. The conversion shall comply with all applicable building code regulations, permitting, and inspections. Chairman Cook asked if the applicant was present, Mr. Kappes was present and did not wish to present anything further to the Commission. Chairman Cook asked if there was anyone from the public that would like to comment. There were no comments and Chairman Cook closed public comments and opened the floor up to Commission discussion. With no other discussion, Mr. Cook called for a vote and the motion passed unanimously 7-0. 3. Case C 22-22 — 1903 Hampton Road: Consider taking action on a conditional use at 1903 Hampton Road to allow for a contractor's yard in a Residential Mixed Use (RMU) zoning district. Planning and Zoning 5 December 14, 2022 Applicant: Ivan Galarza 0+0 Mr. Doug McCulloch made a motion to approve the case. Mr. Jeremy Woodward seconded the motion. Chairman Cook stated the next two petitions would be presented together due to being adjacent to one another and for the same use, but would be voted on separately. Mr. Cedric Flu presented the case and stated a conditional use permit was required to develop a contractor's yard with outdoor storage in a Residential Mixed Use (RMU) zoning district. The subject properties are vacant, located on the east side of Wichita Falls near the city limits. The surrounding areas are vacant with some residential uses. Located further down on Stesco Avenue is a warehouse use, showing the mixed residential and commercial character of the neighborhood. Mr. Flu displayed the site plan and stated a fence would enclose the two properties with two gates along Hampton Road for access, to obscure views from the right-of- way and protect from any future development on the vacant properties. Staff notified 11 property owners and received 2 responses back with no opinion. Staff recommends approval of this request to allow a contractor's yard in a Residential Mixed Use (RMU) zoning district with the following conditions; 1. The property shall have a fence or other approved screening (6 ft. minimum) installed and maintained to obscure the view of the outdoor storage from any adjacent land or right-of-way. Owner to provide example of fence or screening material. 2. Gates, normally used for access to the contractor's yard / outdoor storage yards, are not required to provide a solid screen; the outdoor storage yard immediately behind and perpendicular to such gate, to a distance of at least 30 feet, shall be kept clear of all storage materials. Unscreened gates shall be no wider than 20 feet; 3. Areas around or under outdoor storage materials or buildings shall be kept free and clear of accumulations of grass, weeds, brush or other uncultivated vegetation. 4. Outdoor storage must be on an improved surface, gravel shall be considered for the outdoor storage in a contractor's yard. 5. Site improvements subject to site plan review. Chairman Cook asked if the applicant was present, Mr. Galarz was present, but gave no further presentation. Chairman Cook asked if there was anyone from the public that would like to comment. There were no comments and Chairman Cook closed public comments and opened the floor up to Commission discussion. Mr. Doug McCulloch stated the fencing did not specify it would be screened. Mr. Fabian Medellin advised it would be screened fencing. With no other discussion, Mr. Cook called for a vote, the motion passed unanimously 7-0. Planning and Zoning 6 December 14, 2022 4. Case C 22-22 — 1907 Hampton Road: Consider taking action on a conditional use at 1907 Hampton Road to allow for a contractor's yard in a Residential Mixed Use (RMU) zoning district. Applicant: Ivan Galarza Mr. Doug McCulloch made a motion to approve the case. Mr. Jeremy Woodward seconded the motion. Mr. Hu had presented this case with the previous case. Chairman Cook asked if there was anyone from the public that would like to comment. There were no comments and Chairman Cook closed public comments and opened the floor up to Commission discussion. With no other discussion, Mr. Cook called for a vote, the motion passed unanimously 7-0. 5. Case C 22-24— 713 10th Street: Consider taking action on a conditional use at 713 10th Street to allow for a tattoo studio in the Central Business District (CBD) zoning district. Applicant: Joshua Williams Mr. Michael Grassi made a motion to approve the case. Mr. Jeremy Woodward seconded the motion. Mr. Fabian Medellin presented the case and stated this was the third case for the downtown area to be presented. The applicant and owner, Mr. Joshua Williams had met with staff previously to discuss the development of a portion of a vacant structure to use as a tattoo studio. The subject property is located at 713 10th Street, between Scott Avenue and Indiana Avenue still in the core of the Central Business District (CBD) downtown area. The property is surrounded by a daycare and vacant structures to the north, a parking lot and vacant building to the south, retail and offices to the east and to the west more retail. Mr. Medellin stated the site plan provided by Mr. Williams's shows only the front portion of the structure will be used as his tattoo studio and the rest currently had no plans other than storage. Staff believes the artistic expression of tattooing fits in well with the downtown arts movement. Notices were mailed to 15 property owners with one response in favor. Any potential negative impacts will be mitigated by appointments and later hours of operation. With all potential impacts taken into consideration, staff recommends the approval of the proposed tattoo studio at 713 10th Street subject to the following conditions: moo 1. Compliance with the special conditions as outlined in Section 3769 pertaining to the exclusion of operating from the hours of 2:15 am — 5:30 am and the limitations of sign types. Planning and Zoning 7 December 14, 2022 2. The conversion shall comply with all applicable building, health, zoning, and fire codes leading to the issuance of a Certificate of Occupancy. 3. Business hours shall not extend beyond 10 pm daily. Chairman Cook asked if the applicant was present, Mr. Williams was present, but did not give a presentation. Chairman Cook asked if there was anyone from the public that would like to comment. There were no comments and Chairman Cook closed public comments and opened the floor up to Commission discussion. With no other discussion, Mr. Cook called for a vote, the motion passed unanimously 7- 0. 6. Street Name Change —from Cleveland Avenue to Cleaver Street: Consider making a recommendation on a street name change from Cleveland Avenue to Cleaver Street. Applicant: Bishop James Lee Hicks II Mr. Noros Martin made a motion to approve the case. Mr. Wayne Pharries seconded the motion. Mr. Fabian Medellin introduced Bishop James Hicks II to present the petition for recommendation of a street name change. Bishop Hicks gave the impressive history of Pastor Leroy Cleaver and his many accomplishments and achievements to the Commission and that he had the citizens would like to rename Cleveland Avenue to Cleaver Street to honor not only Pastor Leroy Cleaver, but the entire Cleaver family. Bishop Hicks advised Pastor Cleaver served as a Tuskegee Airman during WWII, being the recipient of a Congressional Gold Medal, he was the first African American Civilian Flight Instructor at Sheppard Air Force Base and served as a cornerstone in the community with decades of services at his church, Jackson Memorial Church of God in Christ located on Cleveland Ave., and as a teacher at Barwise Jr. High. Staff advised the applicant of the process, and Mr. Hicks began to reach out to the community to gather support. Staff provided ownership information of all the properties along Cleveland Ave., and Mr. Hicks reached out to each by mail. The applicant collected a petition with over 400 signatures from those impacted and beyond. Mr. Fabian Medellin advised there were 38 properties adjacent to Cleveland Ave. of those, only 12 face Cleveland Ave. Of the 12 properties that face Cleveland Ave., only one has a primary structure. If approved, only one resident would have to change their address. Mr. Hicks has reached out to the one homeowner to offer his services in assisting with any work/ fees in changing their address. The staff has reached out to the Streets Dept. to discuss the name change, and the owner has volunteered to pay the cost of the new street signs. The staff has also reached out to the utility companies, county offices, and United States Postal Service to advise of the requested street name change. After consideration of the request and the reason, staff recommend the approval of the street name change from Cleveland Avenue to Cleaver Street. Planning and Zoning 8 December 14, 2022 Chairman Cook asked if there was anyone from the public that would like to comment. There were no comments and Chairman Cook closed public comments and opened the floor up to Commission discussion. Mr. Doug McCulloch asked why the proposal was to use only Pastor Leroy Cleavers last name and not his full name. Bishop Hicks stated the wish was to honor the entire family as it was made up of many honorable people that gave back to the community. With no other discussion, Mr. Cook called for a vote to recommend the street name change to Council. The motion passed unanimously 7-0. Chairman Cook stated he believed this was a much overdue honor to an amazing, decorated man and his family. IX. ADJOURN Chairman Cook adjourned the meeting at 2:40 pm. f David Cook, airman- Date 3 I Al 1 Ter to irector of Development Services Date