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Planning and Zoning Commission Minutes - 06/10/2009MINUTES PLANNING & ZONING COMMISSION June 10, 2009 PRESENT: Ripley Tate, Chairman ♦ Members Larry Ash • Kevin Callahan • Jeremy Dorzab • Warren Gardner • John Kidwell • L. O. Nelson • John Stephenson • R. C. Taylor ♦ Alternate #2 Charles Elmore ♦ Council Liaison Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Dept. David A. Clark, Director of Community Development ♦ City Staff Marty Odom, Planner • Diane Parker • ABSENT: Jeff Cooper ♦ Alternate #1 Deborah Morrow • I. CALL TO ORDER The meeting was called to order by Chairman Tate at 2:00 p.m. II. PUBLIC COMMENTS Chairman Tate stated this portion of the meeting is reserved for citizens that wish to speak concerning a topic that is not listed on the agenda. The speaker will have a maximum of five (5) minutes. Mr. Stan Thomas, 4187 Airport Drive, expressed a concern about the "authority being given to the City, especially Code Enforcement ". He stated that he knows [this Commission] is pro - business but he does not think the City of Wichita Falls is. He expressed numerous concerns for a previously dismissed ticket. P'& Z COMMISSION PAGE 2 JUNE 10, 2009 III. APPROVAL OF MINUTES Mr. Ash made a motion to approve the minutes of the May 13, 2009 meeting. Mr. Taylor seconded the motion. The motion carried unanimously. IV. CONSENT AGENDA CARPORT: 1. Case C 09 -22 Carport in Front Setback 1602 Parkdale Ms. Katherine Dawkins requested conditional use approval to construct a carport in the front setback of her residence on Parkdale. There are three (3) properties located within 200 feet of the perimeter of this property with a carport in the front setback. Twenty -two (22) surrounding property owners were notified of this request. Four (4) responded in favor and none (0) were opposed. Mr. Stephenson made a motion to approve the Consent Agenda; Mr. Taylor seconded. The motion carried unanimously. V. REGULAR AGENDA 1. Case C 09 -21 Carport in the Front Setback 4300 Rhea Road Ms. Zelma Marie Brown requested conditional use approval for her carport in the front setback at her residence on Rhea Road. This carport must be structurally modified in order to comply with the Building Code. There are four (4) properties located within 200 feet of the perimeter of this property with a carport in the front setback. Twenty -three (23) surrounding property owners were notified of this request. Three (3) responded in favor and one (1) was opposed. Mr. Gardner made a motion to approve this carport; Mr. Ash seconded. The motion carried unanimously. 2. Case C 09 -23 Carport in the Front Setback 1515 Grayfox Mr. George Brickhouse requested conditional use approval to construct a carport in the front setback of his residence on Grayfox. There are two (2) properties located within 200 feet of the perimeter of this property with a carport in the front setback. Twenty -six (26) surrounding property owners were notified of this request; seven (7) responded in favor and one (1) was opposed. Mr. Brickhouse stated that he was requesting this carport for health reasons for his wife. P & Z COMMISSION PAGE 3 JUNE 10, 2009 Mr. Ash made a motion to approve this carport; Mr. Gardner seconded. The motion carried unanimously. 3. Case C 09 -24 Request for a conditional use permit to allow a 17' setback from a residential use instead of a 30' for a new commercial warehouse facility. 1600 Travis Street Mr. Jeff Browning requested a setback reduction from 30' to 17' from the adjacent residential use in a Light Industrial zone. He proposed to construct a new commercial building for his electrical contracting business. The ordinance requires a commercial establishment to be setback at least a 30' from an existing residence. This Commission may grant to approve a lesser setback through the conditional use process. Twenty (20) surrounding property owners were notified of this request. The only response (1) received was marked undecided /other. Mr. Nelson stated a previous request for a lesser setback had been approved for this property several months ago and he did not have a problem with this plan. Chairman Tate commented that development in this area was greatly appreciated. Mr. Callahan made a motion to approve this request; Mr. Gardner seconded. The motion carried unanimously. 4. Case R 09 -01 was removed from the agenda by the applicant prior to the commencement of the meeting. 5. TA 09 -04 Text Amendment Amending Appendix B of the Code of Ordinances to Add Section 3811 Which Will Establish Commercial Closure Times in the Central Business District, and Providing for Severability Previously, this Commission reviewed a Zoning Ordinance text amendment that included a late hours' provision to the Central Business District (CBD) zone. There was concern that an exception for retail business had not been incorporated in the amendment. The new proposal includes an exception for retail trade. The amendment limits the hours of operation from 2:15 a.m. until 5:30 a.m. with the exception for retail trade. Lodging establishments are also excluded. Chairman Tate noted there had previously been controversy regarding this ordinance. He felt that creating this ordinance would not remedy the problem; the existing facility would be exempt from this text amendment. He explained that the problem would still exist. Chairman Tate agreed that help is needed for the downtown area but he was not sure this measure was the correct manner in which to accomplish that goal. Ms. Cynthia Laney, Downtown Wichita Falls Development Director, stated she and the downtown property and business owners support this proposed text amendment. She commented that some establishments would be grandfathered; however, this change would P & Z COMMISSION PAGE 4 JUNE 10, 2009 prevent it from happening again [future establishments from being open past 2:15 a.m. in the CBD area]. She stressed that businesses are encouraged to locate downtown, but if this type of business is encouraged to grow, it could deter downtown growth. Mr. Nelson asked why the tools [existing laws] have not been utilized to deal with existing laws about loitering, trash, keeping peace, disposal of trash in public right -of -way, criminal activity, fights. Ms. Laney commented that these establishments are open between 2:00 a.m. -4:00 a.m. and she does not know why there are not laws or guidelines for these unlicensed establishments. She stated the downtown business and property owners feel that it would be beneficial to encourage residential growth and related services. She hoped in the future to be able to help the City with control of the trash but downtown would have to grow to take that responsibility away from the City. Mr. Clark stated he has been involved in numerous meetings and he concurred with Ms. Laney. The Police Dept. has been involved with this [matter] and they have been encouraging as an additional means to solving this problem. This is an initiative being requested by the downtown property owners who are the very ones being affected. Mr. Clark agreed with Chairman Tate that there are other means and other laws; however, they are not a remedy to this particular situation. It is hopeful that this text amendment will get the job done. To questioning regarding the grandfathering, Mr. Clark responded if one of these businesses currently is open, it can remain in operation. If that business closes for two years, the grandfathering is lost. If this change had been accomplished through the Code of Ordinances rather than the Zoning Ordinance, it would not include the pre- existing businesses. Mr. Hegglund explained that if a business that is affected by this text amendment closes [for two years] then decides to re -open in the future, they would not be able to do so. Mr. John Dickinson, 1602 P. B. Lane, stated that he was the owner of the Iron Horse Pub at 615 Eighth Street. He informed the Commission that these businesses typically open around 10:00 p.m. but get busy after 2:00 a.m. when the clubs are closed. The downtown business and property owners are not asking for these establishments to be closed but to abide by the City laws and ordinances. Mr. Dickinson expressed concerns about noise and safety in downtown after hours [after 2:00 a.m.]. Mr. Callahan stated that, in the middle of May, there was a large disturbance downtown that required the Police and Sheriff Departments to stop it. There are significant risks when it takes the resources of both the City and the County to terminate such a commotion. Mr. Nelson mentioned that these establishments could possibly relocate out of the CBD zone and this situation could happen in any zoning district in the City, not just downtown. Mr. John Christoff, owner of Turtle Creek Trading Company at 711 Indiana, stated he believes downtown is coming back with new residences and businesses. He believes that any clean up effort such as this text amendment is worth the effort. He stated that "nothing good happens down there [downtown] between 2:00 a.m. and 5:00 a.m." Mr. Callahan agreed that there is not much entertainment at 2:00 a.m. Mr. Taylor asked if this restriction could be applied city -wide. Mr. Nelson informed him that it would be considered restraint of trade. Then, Mr. Kidwell suggested an ordinance to require activity be held indoors so outdoor music would not be disturbing. Mr. Hegglund stated there is P & Z COMMISSION PAGE 5 JUNE 10, 2009 a noise ordinance which addresses outdoor music. Mr. Callahan asked how other cities were addressing these matters. Mr. Charles Mabry, property manager of the Holt Hotel, stated he calls the Police on a regular basis but nothing happens. He expressed concerns for the excess bottles and paper cups from the bars, used drug paraphernalia, and the loud music at 2:30 a.m. Dr. Purcell 's office is in the Halt Hotel. Burcamp Steel has now located their headquarters there and five of their executives live in the building. He asked for the Commission's consideration for this proposed amendment. Mr. Rodd Womble, 2200 Ellingham, stated that downtown Ft. Worth has had similar situations. He toured downtown Ft. Worth several years ago when the president of Ft. Worth Downtown Development told him that these problems, such as this one that Wichita Falls is experiencing, need to be eliminated, in the beginning, before they grow. Downtown is less expensive for these clubs to operate on a square foot basis. Mr. Womble expressed concerns for the illegal after hours' activity in these establishments. To questioning Mr. Womble responded, the owner of these types of business only care about making money. He asked the Commission to consider the residents and businesses when making their decision regarding this amendment. He noted safety was a major concern. Mr. Dickinson also expressed concern for safety and made known a specific dangerous incident that occurred. Mr. Nelson stated that a good case has been made for more law enforcement officers in downtown. Mr. Callahan acknowledged the Wichita Falls' Police Dept. has enjoyed a statewide reputation for their abilities. Neither the Police nor the Sheriffs Dept. are equipped to handle a 400 -500 person mob which can be a possibility. Mr. Taylor asked if this text amendment passes, would it affect the establishment that is currently open. Mr. Odom replied that it would not. He further commented that grandfathering deals with the nonconforming use. Changing ownership does not affect the use. If the nonconforming business closes for two (2) years or more, the grandfathering is lost. There is a provision in the Zoning Ordinance that allows the business to apply to the Planning and Zoning Commission to have their nonconforming status reinstated. If the location is changed to a different type of business, then the grandfathering status is lost. Councilor Elmore asked if the City could require a license to operate a business after hours. Mr. Hegglund stated that he believed that was being done in Dallas. It is called an entertainment license and a bureaucracy would need to be established for oversight. Chairman Tate stated he believed it would be warranted to investigate that procedure. Ms. Rowena Jackson, 2509 Garden Grove, stated that her family has been instrumental in the operation of the Wichita Theater located at 925 Indiana Avenue. She expressed her concerns for having stricter laws with appropriate enforcement. Councilor Elmore indicated he would be interested in learning how Austin addresses this problem. The nightlife in their downtown draws people from all over the country. Our situation appears to be illegal assembly with threats of injury and harm to people who live there. P & Z COMMISSION PAGE 6 JUNE 10, 2009 Mr. Taylor made a motion to recommend approval of this text amendment to City Council; Mr. Stephenson seconded. The motion carried unanimously. VI. OTHER BUSINESS •a Resolution to authorize oil drilling on 2505 Iowa Park Road was approved by City Council. VII. ADJOURN The meeting adjourned at 3:24 p.m. i Tat hairman ATTEST: David A. Clark, Director of Community Development Date .3 ) Dat RECEIVED IN i CITY CLERK'S OFFICE 's Date By . Time