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Planning and Zoning Commission Minutes - 02/12/2025 P&Z Meeting February 12,2025 Minutes MINUTES ' PLANNING &ZONING COMMISSION February 12, 2025 PRESENT: Jeremy Woodward *Vice-Chair Blake Haney *Member Michael Grassi *Member Steven Wood *Member Alan Sizemore *Member Noros Martin *Member Matt Marrs *Member Doug McCulloch *Member Jack Browne *Alternate No.1 Terry Floyd, Development Services Director *City Staff Fabian Medellin, Planning Manager *City Staff Kinley Hegglund,City Attorney *City Staff Cedric Hu, Planning Technician *City Staff Christal Cates, Neighborhood Revitalization Coordinator Planner *City Staff u Robin Marshall,Admin Assistant *City Staff ABSENT: Brady Enlow *Member Aston Pecor *Alternate No.2 Richard Milhollon •SAFB Liaison I. CALL TO ORDER The meeting was called to order by Vice-Chairman Woodward at 2:00pm. II. PUBLIC COMMENTS Vice-Chairman Woodward asked if there were any comments from the public for any items not on the agenda. No one from the public had any comments. III. ELECTION OF COMMISSION CHAIRMAN Vice-Chair Woodward asked the Commission for a motion and a nomination for the new Chairman position and a second, then the Commission would vote on the motion. Commissioner Steve Wood made a motion to nominate Jeremy Woodward as the new Chairman, and Michael Grassi seconded the motion. 1 P&Z Meeting February 12,2025 Minutes Vice-Chair Woodward asked if there were any comments from the Commission, which there were none, and then opened comments to the public. No one came forward. Vice-Chair Woodward took the motion to vote and it passed 9-0 IV. ELECTION OF COMMISSION VICE-CHAIR Chairman Woodward asked for a motion for a nomination for Vice-Chair, and a second. Commissioner Grassi motioned to nominate Blake Haney as Vice- Chair, and Chairman Woodward seconded the motion. Chairman Woodward asked if there were any comments from the public. No one from the public had any comments. Chairman Woodward took the motion to vote and it passed 9-0 V. ADOPTION OF MINUTES Chairman Woodward asked if any of the members of the Commission have a motion to approve the January 8, 2025 meeting minutes. Commissioner Matt Marrs made the motion, and Commissioner Noros Martin seconded the motion. Chairman Woodward asked if anyone from the public would like to make a comment. No one came forward with any comments. Chairman Woodward then took the motion to approve the January 8, 2025 meeting minutes to a vote. The motion passed with a vote of 9-0 in favor. VI. CONSENT AGENDA Chairman Woodward asked if there was anyone from the public that would like make any comments about the consent agenda. No one came forward. Chairman Woodward then asked if there were any items that were to be moved from the consent agenda to the regular agenda. Mr. Fabian Medellin stated that there were none. Mr. Grassi stated that he noticed more information provided on the staff recommendations than they normally see, and asked if there had been a change in policy. Mr. Fabian Medellin said there has been no changes made, and added that the two plats before the Commission are going to be conditionally approved, which has been done before. He also stated that there were more comments made on these cases from the Plats Committee. 2 P&Z Meeting February 12,2025 Minutes Chairman Woodward asked if there was a motion to approve the consent agenda. Commissioner Matt Marrs made a motion to approve the minutes and Commissioner Jack Browne seconded the motion. Chairman Woodward asked if there was anyone from the public that wished to speak. No one came forward. Chairman Woodward took the motion to vote, and the motion passed 9-0 in favor. VII. Regular Agenda 1. Case C 25-05— 1100 7th Street To consider taking action on a conditional use at 1100 7th Street to allow for an office showroom and contractor's office in the Central Business District (CBD). Location: 1100 7th Street Applicant: Century Tents Scholl-Nichols Company LLC. Mr. Fabian Medellin presented the case, and started by pointing out that this property is the former Pepsi/Dr. Pepper Distribution Warehouse. Staff met with the applicant, Mr. Jeff Eastman, for the proposed use for his company Century Tents. Century Tents rents and sells items for parties, like tents, bounce houses, tables, chairs and catering equipment. Mr. Eastman proposed a base of operations for his business. An office for administration, a showroom that potential clients/buyers could come in and walk around to see the products available for sale/rent, and a place that would allow for storage of his equipment and his delivery service for that equipment. When looking at the proposed use, staff felt that it was a blend of two uses. The retail portion is allowed by right in the Central Business District, but the rental side of the business is something staff had to dissect our ordinance. We felt that it fit the contractor's office as well as office showroom classifications, which both are conditionally allowed in the Central Business District. The contractor's office is the administrative side, being the scheduling, the bill paying/collecting, and the showroom would be to have the brick-and-mortar aspect to the business. Mr. Eastman told staff that he would be relocating from his current facility on Jacksboro Hwy to this new location. Mr. Medellin then showed the Commission slides of the general floor plan of the proposed facility. Then showed photos of the property and of the local area, citing specific uses of businesses around the proposed site. Mr. Medellin then informed the Commission that staff notified neighbors within 200 feet of the property, and stated that we received two responses from those notifications which both were in favor of the conditional use. 3 P&Z Meeting February 12,2025 Minutes One of the possible impacts for the site/business that staff looked at were .464 relating to fire code. A number of their products that they rent are fire rated materials or metal (noncombustible), but there are a number of their products that are not (being linens and wooden tables/chairs.) Mr. Eastman provided a timeline of their proposed projects to staff that included the installation of a fire suppression system early on in the timeline. Working with Fire, staff felt that we could allow a phased transition into the building with the fire rated/non- combustible products first. The second phase would be after the installation of the fire suppression system and the inspection is approved by the Fire Chief. If approved by the Commission today and after the approval from the Fire Chief, Mr. Eastman would then be able to move the rest of his equipment/materials into the facility. Staff also looked at how the business would affect the downtown area and traffic. Having some retail at the location, it will bring some traffic to the area. Being in the Central Business District there are not any parking requirements, though the location does have some onsite parking available to customers. As far as deliveries,they will be processed by truck and trailer,which will be loaded and unloaded inside the facility by access of a drive through cut through. It was noted that outside storage will not be available for this location. This location has easy access to 6th Street and 5th Street. Which, with the 6th Street offramp access, this will allow for quick and convenient access to get in and out of the downtown area. So, staff feels that there will not be much impact to the downtown in regards to traffic. In addition, staff spoke to Mr. Eastman about the razor wire that is currently on the fencing at this location. With the transition of the property going from distribution warehouse to storefront retail, the aesthetic of the property with razor wire detracts from the site. Mr. Eastman agreed with staff about this, and said he would take the razor wire down to improve the site. Mr. Medellin stated that staff does recommend the approval of the conditional use permit for the contractor's office and showroom at 1100 7th Street, with the following conditions: 1) That the development complies with the site plan review process, and all applicable building/health/fire related zoning codes, leading up to an issuance of a certificate of occupancy. 2) The Marshal's office will approve the storage plan of the fire rated materials prior to occupying the structure, and then all flammable items, linens, wooden tables, chairs, generators, vehicles, any fuel- consuming devices, can be stored following the installation of that fire suppression system upon acceptance by the Marshal's office. All stored items would need to comply with the 2015 international fire code. 3) The removal of the razor wire along the security fence surrounding the property, leading up to that issuance of a certificate of occupancy. 4 P&Z Meeting February 12,2025 Minutes Chairman Woodward asked if the applicant wished to make a presentation. Mr. Jeff Eastman came to the podium. He stated they have two locations now and will be combining those into one location. They are ready to go if the Commission approves the use for this location. Chairman Woodward asked if anyone had any questions for the applicant. Alternate Commissioner Jack Browne asked if there was a time limit for the permit, and Mr. Medellin stated the applicant has one year to pull any building permits, once he does that it vests his rights for the office showroom and contractor's office. Commissioner Doug McCullock pointed out that there are three applications for this project. Mr. Medellin stated that this project is made up of about seven different properties, which is the entire block, and there are two different petitions for two of the properties because we have to treat them separately. We can't give a blanket approval for a whole block. The additional two requests are to bring back warehousing uses previously at those properties, that were previously operated by PepsiCo. Commissioner Noros Martin made a motion to approve the case, and Commissioner Matt Marrs seconded the motion. Chairman Woodward asked if anyone from the public has any questions or comments. No one approached the mic. Chairman Woodward took the motion to vote and it passed 9-0. Chairman Woodward announced the next two cases would be heard together but will be voted on separately. 2. Case C 25-06—605 Burnett Street To consider taking conditional use at 605 Burnett Street to restore a non- conforming use, warehouse, in the Central Business District (CBD). 3. Case C 25-07 —607 Burnett Street To consider taking conditional use at 607 Burnett Street to restore a non- conforming use, warehouse, in the Central Business District (CBD). Location: 605 & 607 Burnett Street Applicant: Century Tents Scholl-Nichols Company LLC. Chairman Woodward asked if anyone would like to make a motion for the first case. Commissioner Matt Marrs made the motion to approve the conditional use at 605 Burnett Street. Mr. Jack Browne seconded the motion. 5 P&Z Meeting February 12,2025 Minutes Mr. Marrs made the motion to approve the conditional use at 607 Burnett Street, and Mr. Browne seconded the motion. Mr. Medellin stated that 605 and 607 Burnett are just to the southwest of the main warehouse, now office showroom/contractor's office for Century Tents. Mr. Eastman has been contacted by a neighboring business that is in need of additional storage space (Nuco). He continued to inform the Commission that the entire site and property were used as a distribution warehouse facility for PepsiCo. One of the rights that the Commission has is to bring back some of the nonconforming uses that have previously expired. He added that PepsiCo vacated the area around 2022. Mr. Medellin explained that in the greater downtown area, there is a shorter shot clock when it comes to non-conforming uses. After one year, that use is expired. However, with the approval from the Commission, that use can be brought back. That is what Mr. Eastman is wanting to do. He is petitioning to reinstate that nonconforming use for warehousing at 605 and 607. Mr. Medellin showed slides that showed the properties in question and the surrounding area. He described the other businesses that are around this area as well. Mr. Medellin also pointed out (while showing the pictures of 607 Burnett) that at some point there was damage done to the rear of the building, which is in disrepair now. Part of the roof is collapsing and part of the walls show the internal framing of the other wall. He noted that he wanted to point that out as they will be talking about some discussions that Mr. Eastman and staff had. So, these properties have similar impacts to those of the 1100 7th Street property. He pointed out that there are similar uses surrounding the properties, there are vacant buildings to the west and parking available. Mr. Medellin stated to the Commission that staff did notify the surrounding properties within 200 feet, and we only received one response back in favor of the proposed use. As far as impacts,traffic from this business would have easy access to the highway system outside of greater downtown. That's why Pepsi worked so well in this location without really any impact to the downtown, because they would hop on 5th Street, get on the overpass, and get to where they needed to go. For convenience, Nuco is right next door so it is all, sort of self-contained when thinking of impacts. They will not be expecting any stand- alone staff for those two facilities. They are not going to be creating any new traffic for staff or clients or potential buyers. One thing that staff did talk about with Mr. Eastman was the damage to the rear of that structure. As part of his conditions, his requirements to occupy it, he should repair it. Mr. Eastman stated he does intend to repair that building. Staff does recommend the proposed restoral of non-conforming use of a warehouse for those two properties, 605 & 607 Burnett, with the two conditions that: 1010 P&Z Meeting February 12,2025 Minutes 1. The building development shall comply with the site plan review process in any applicable building, zoning, and fire codes leading up to the issuance of a Certificate of Occupancy. 2. That the rear of 607 be demolished, structurally reinforced, repaired and brought up to code prior to issuance of that certificate of occupancy. Chairman Woodward asked if Mr. Eastman would like to speak on the project, and he declined. Chairman Woodward asked if anyone from the public had any comments or questions, and no one came to the microphone. Chairman Wood asked if there was any discussion from the Commission, and there were no comments or questions. Chairman Woodward stated that the Commission would be voting on these two cases separately. Chairman Woodward took the motion to approve the conditional use for 605 Burnett to vote, and it passed with a vote of 9-0. Chairman Woodward asked the public if there were any additional comments that anyone wished to make for the property located at 607 Burnett. There were no additional comments. Chairman Woodward asked if there were any additional comments from the Commission for the property located at 607 Burnett. There were none. Chairman Woodward took the motion to approve the conditional use for 607 Burnett to vote, and it passed with a vote of 9-0. VIII. STAFF UPDATE Mr. Medellin gave an update for the Neighborhood Revitalization Committee. He thanked the Commission members that met with the committee, and provided a printout of the list of power point items that was presented at the committee meeting. Our neighborhood revitalization committee has voted to recommend a few zoning amendments to be presented to you, and incorporated into our neighborhood revitalization plan. Mr. Medellin stated that Accessory dwelling units was a priority. Removing the size limitation to ADUs, requiring one parking stall for a new ADU, allowing an acceptable alternate paving material for that ADU of gravel, looking at reducing some of those setbacks to fit more in line with the character of the existing neighborhood. A lot of them were built in the early 1900s, they weren't built to today's standards. We want to expand that buildable envelope. Mr. Medellin said that one of the big ones is the removal of parking requirements for non-residential uses. He added, then a few changes to some boundaries, to some of the existing commercial areas or expanding of 7 P&Z Meeting February 12,2025 Minutes commercial areas, to enhance some of those commercial nodes that are the interior of the neighborhood and on the major thoroughfares. He said, along Ninth Street (on the northern part of Kemp Street just before hitting Seymour Highway) the commercial corridor of Kemp Street, changing that from the commercial corridor district to just a general district. Then noted that originally when the commercial corridor was adopted, it was intended to be a bit of a high-end commercial corridor with some unique design and material standards (which the state has now stepped in and said otherwise.) So, basically to change that to fit in with some of our base zoning. Some of those internal commercial networks, nodes on Harrison and Monroe, expanding some of those limited commercial districts. Mr. Medellin stated as far as a timeline, we anticipate presenting the draft plan to not only the Commission, but to the committee and to Council by the early part of spring, looking to adopt that plan by late spring. Then, once it is adopted, we will move it to the actual text of their proposed recommendations. At that time, we will look to the Commission for another subcommittee to actually work through that Neighborhood Revitalization Committee to have a joint meeting to come up with some drafts that we can take to the general public — and then back through the Neighborhood Revitalization Committee, through P&Z, and through City Council. There was some discussion from the Commission members about concern for parking and wheelchair access with ADU's. Some of these issues were brought up at the Neighborhood Revitalization meeting, but that was not the interest of the people that were there from the neighborhood. *At this point the Commission commenced their annual Commissioner's training. IX. ADJOURNMENT Chairm Woodward adjour the meeting at 3:09pm /// Date Blake Haney-Vice-Chair Ter yd, Director of Development Date 8