[00:00:04] GOOD EVENING EVERYONE. IT IS 7:08 P.M.. I WILL CALL TO ORDER THE PLANNING AND ZONING COMMISSION AGENDA FOR APRIL 14TH, [1.CALL TO ORDER] 2026. FIRST ITEM IS GOING TO BE THE CALL TO ORDER. MR. HADLEY, CAN YOU LEAD US, PLEASE, SIR? SURE. FATHER, WE'RE THANKFUL FOR TODAY AND WE'RE THANKFUL FOR THE WEATHER AND THE COOLER WEATHER THAT WE'VE HAD. LORD, WE PRAY THAT YOU'LL CONTINUE TO GIVE US YOUR WISDOM AS WE CAN DISCERN THE ISSUES BEFORE US TONIGHT. WE'RE THANKFUL FOR THE FOLKS THAT ARE INVOLVED IN THIS DECISION, AND WE PRAY THAT YOU'LL GIVE THEM WISDOM FIRST IN YOUR NAME. AMEN. PLEASE JOIN ME FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT, NEXT WE'LL MOVE ON TO ITEM 2, THESE ARE CITIZEN APPEARANCES. THIS IS A TIME FOR ANYONE IN THE AUDIENCE TO COME SPEAK ON ANYTHING THAT IS NOT LISTED IN A PUBLIC HEARING. SO I'LL OPEN THE FLOOR IF ANYONE ELSE FROM THE AUDIENCE WOULD LIKE TO SPEAK. SEEING NONE, WE'LL MOVE ON TO ITEM 3, THE CONSENT AGENDA. [3.CONSENT AGENDA] ALL ITEMS LISTED ARE ENACTED WITH ONE MOTION. UNLESS SOMEONE FROM THE AUDIENCE COMMISSION OR STAFF WOULD LIKE TO PULL AN ITEM. OTHERWISE, I'LL ENTERTAIN A MOTION. I MOTION TO APPROVE. I'LL SECOND. I HAVE A MOTION BY ASHLEY, SECONDED BY MICHAEL. ALL IN FAVOR, PLEASE RAISE YOUR HANDS. PASSES UNANIMOUSLY. WE'LL MOVE ON TO ITEM 4.A ON THE AGENDA. THE PUBLIC HEARING 3425 SOUTHWEST WILSHIRE ZC OR ZC26-002. [4.A.3425 SW Wilshire (ZC26-002): Hold a public hearing and consider and take possible action on an ordinance for a zoning change request from “GR” General Retail to “C” Commercial with a Specific Use Permit (SUP) for a tattoo studio. (Staff Contact: Lidon Pearce, Principal Planner)] HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM GR GENERAL RETAIL TO C COMMERCIAL WITH A SPECIFIC USE PERMIT FOR A TATTOO STUDIO. STAFF PRESENTER IS LIDON PEARCE, PRINCIPAL PLANNER. GOOD EVENING. THANK YOU CHAIR. AS YOU MENTIONED, THIS IS A ZONING CHANGE REQUEST WITH A SPECIFIC USE PERMIT FOR THE PROPERTY LOCATED ON THE SCREEN IN BLUE THERE. THEY ARE CURRENTLY ZONED GENERAL RETAIL AND REQUESTING A SPECIFIC USE PERMIT FOR THE USE OF A TATTOO STUDIO. THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS COMMUNITY COMMERCIAL. SO THESE ARE SOME OF THE ALLOWED BY RIGHT LAND USES IN THE C COMMERCIAL ZONING DISTRICT. SO IT'S NOT A COMPREHENSIVE LIST, BUT SOME OF THE LIST USES AND WHAT WOULD CURRENTLY BE ALLOWED TODAY SHOULD THE ZONING CHANGE. SO YOU CAN SEE THERE ARE SEVERAL AUTO REPAIR, AUTO BODY SHOP TYPE USES, DAY CAMP'S, LABORATORIES, PAINT SHOP, PAWN SHOP, PET SHOP. SOME DIFFERENT USES THAT ARE RETAIL SHOP. SOME OF THOSE ARE A LITTLE MORE INTENSE THAN THE GENERAL RETAIL. AND THEN YOU SEE WHERE'S SUP IS REQUIRED. AND ONE OF THOSE IS A TATTOO STUDIO, WHICH IS BEING REQUESTED TODAY. SO OUR CODE HAS VERY SPECIFIC REQUIREMENTS FOR AN SUP FOR A TATTOO STUDIO. SO THESE ARE, THESE ARE NOT STAFF DICTATED. THESE ARE ACTUALLY CODE PRESCRIBED. SO IF IT WERE GRANTED, THEY SHALL BE REQUIRED TO MEET THOSE OPERATING HOURS. IT CAN'T OPERATE IN A RESIDENTIAL AREA. SO ESSENTIALLY SAYING YOU CAN'T DO IT IN RESIDENTIAL. NO FLASHING SIGNS AND NO NEON SIGNS AND NO LOITERING ARE ON THE PERMITTED PREMISES. THOSE ARE THINGS THAT SHALL BE, THOSE WOULD BE IN THE ORDINANCE FOR THE SUP. THESE ARE THINGS THAT OUR CODE SAYS ARE REQUIRED TO BE CONSIDERED. SO THERE'S NOT NECESSARILY ANYTHING ASSOCIATED WITH IT OTHER THAN THESE ARE THE THINGS THAT WE'RE SUPPOSED TO TAKE INTO CONSIDERATION. SO ONE IS THE NEAREST RESIDENTIALLY ZONED AREA. SO YOU DO HAVE MOUNTAIN VALLEY, WHICH IS ESSENTIALLY ABUTTING THE PROPERTY 130FT TO THE EAST. NEAREST KNOWN CHURCHES, SO I'VE MARKED SOME OF THOSE CHURCHES ON THE SCREEN THE NEAREST ONE BEING ABOUT 1200 FEET TO THE SOUTH. THE NEAREST KNOWN SCHOOL IS THERE'S A CHRISTIAN ACADEMY. AND THEN YOU HAVE NORTH JOSHUA ELEMENTARY 1600 AND 3400FT. NEAREST DAYCARES, THE PUMPKIN PATCH DAYCARE TO THE SOUTH THERE IN JOSHUA. AND THE NEAREST KNOWN CURRENTLY TATTOO STUDIO IS ABOUT FIVE MILES TO THE NORTH ON HILLARY STREET. SO THESE ARE ITEMS THAT JUST SAYS THAT YOU'RE REQUIRED TO CONSIDER. AND SO THOSE ARE THERE FOR YOUR CONSIDERATION WITH THIS REQUEST. WE DID PUT A SIGN, I PUT A SIGN ON THE PROPERTY AND WE PUBLISHED IN THE NEWSPAPER AND SENT OUT NOTICES TO PEOPLE WITHIN 300FT. [00:05:08] SOME NOTE THE MAJORITY OF THESE NOTICES WENT TO PEOPLE THAT ARE OUTSIDE THE CITY LIMITS BECAUSE THIS PROPERTY IS ONE OF OUR SOUTHERNMOST ZONED PROPERTIES IN THE CITY LIMIT ON THAT CORRIDOR. SO HERE'S A PICTURE OF THAT. YOU CAN SEE THIS IS IF YOU'VE DRIVEN THROUGH JOSHUA TO CLAYBURN, YOU'VE PROBABLY DRIVEN BY IT. IT'S ACTUALLY THE UNIT ON THE VERY END. SO YOU HAVE KATHY'S BAR AND THEN YOU HAVE SOME OTHER USES AND THEN YOU HAVE THAT USE ON THE END. SO WHEN STAFF LOOKS AT THIS, WE HAVE TO LOOK AT OUR CODE ALLOWS US TO DO AND WHAT OUR CODE DOESN'T. SO WHILE STAFF MAY NOT NECESSARILY HAVE A ISSUE WITH THE SUP BEING REQUESTED, WE HAVE TO LOOK AT THE BASE ZONING DISTRICT THAT'S REQUIRED BY OUR CODE FOR THAT SUP. AND BECAUSE OF THE C COMMERCIAL AND THE SURROUNDING ZONING AND THE PROXIMITY TO RESIDENTIAL STAFF IS NOT ABLE TO GIVE YOU A RECOMMENDATION OF APPROVAL. AND I JUST WANT TO EMPHASIZE THAT IS PRIMARILY THE C COMMERCIAL ZONING DISTRICT. WHEN STAFF GETS THESE REQUESTS, WE KIND OF IN SOME WAYS ARE BOUND BY THE CODE. SO OUR CODE DOES NOT ALLOW AN SUP FOR THIS IN GENERAL RETAIL. YOU HAVE TO CHANGE THE ZONING TO COMMERCIAL. IF THE PROPERTY WAS ALREADY ZONED COMMERCIAL YOU MAY HAVE A DIFFERENT RECOMMENDATION FROM STAFF. SO I JUST WANT TO EXPLAIN WHAT STAFF BASED OUR RECOMMENDATION ON IN THAT REQUEST. SO YOUR OPTIONS ARE AFTER, YOU KNOW, DISCUSSION, YOU CAN RECOMMEND APPROVAL OR YOU CAN RECOMMEND DENIAL OF THE ZONING CHANGE AND THE SUP AND I AM AVAILABLE FOR ANY QUESTIONS YOU HAVE ABOUT THE REQUEST. ALL RIGHT, THANKS. I'LL OPEN THE PUBLIC HEARING AT 7:15 P.M.. SO, JUST SO I'M CLEAR, WE HAVE TO CHANGE IT. WE CAN'T DO THE SUP UNDER GENERAL RETAIL. THAT IS CORRECT. SO STAFF DID LOOK INTO THAT. THE WAY OUR CODE IS CURRENTLY WRITTEN IS YOU CAN ONLY ASK FOR AN SUP FOR THE TATTOO STUDIO AND FOR THOSE USES THAT THE CODE PRESCRIBES UNDER THE SUP SECTION OF THE ZONING. SO YOU HAVE BY RIGHT. AND WHAT YOU CAN ASK FOR AN SUP. SO STAFF CAN'T CHANGE THE ZONING TO A ZONING DISTRICT TO ASK FOR AN SUP IF THEY'RE IN DIFFERENT DISTRICTS. SO YOU COULDN'T, WE COULDN'T COME IN AND SAY, WE WANT SINGLE FAMILY ESTATE. WE WANT A SUP FOR A TATTOO PARLOR AND A SINGLE FAMILY. THE CODE DOESN'T ALLOW FOR THAT. THERE'S INTERLOCKS. SO IN THIS CASE, GENERAL RETAIL HAS SUP'S THAT ARE ALLOWED TO BE REQUESTED, AND THIS IS NOT ONE OF THEM. SO THAT OPENS UP WHAT ARE OPTIONS, RIGHT? SO OPTIONS ARE YOU CAN REZONE THE PROPERTY TO COMMERCIAL AND GRANT AN SUP. ANOTHER OPTION OR YOU CAN DENY THE REQUEST. OTHER OPTIONS ARE STAFF COULD BE DIRECTED POTENTIALLY BY CITY COUNCIL TO CHANGE THE ZONING CODE TO ALLOW FOR AN SUP TO BE REQUESTED FOR THIS TYPE OF USE IN ANOTHER ZONING DISTRICT. THAT WOULD OBVIOUSLY REQUIRE A CHANGE OF ZONING CODE AND THE APPLICANT COMING BACK AT A FUTURE REAPPLYING AT A FUTURE DATE. SO STAFF'S HANDS ARE SOMEWHAT TIED IN THAT ABILITY TO, WE CAN'T SAY YOU CAN ASK FOR AN SUP IN ANY ZONING DISTRICT. JUST THE WAY THE CODES ARE RELATED. SO YOU COULD POTENTIALLY DO SOMETHING LIKE A PLAN DEVELOPMENT. GENERALLY, YOU KNOW, IN A CASE LIKE THIS, STAFF WOULDN'T RECOMMEND THAT BEFORE GOING FORWARD. IF THAT WAS SOMETHING THAT WAS MAYBE A COUNCIL MAYBE SAID, HEY, WE WOULD. THEN THEY WOULD COME BACK. BUT IN THIS CASE STAFF HAS TRIED TO PROVIDE THE BEST RECOMMENDATION BASED OFF WHAT OUR CODE ALLOWS. AND WHAT THE APPLICANT IS TRYING TO DO. SO THE EASIEST WAY FORWARD ESSENTIALLY IS CHANGE IT TO COMMERCIAL AND DO THE SOP OR THE SUP BASED. IF WE WERE FAVORABLE, IF THIS COMMISSION AND COUNCIL WERE FAVORABLE OF THE USE AND THE SUP, THEN YES. THE EASIEST WAY FOR THE APPLICANT IS TO REZONE THE PROPERTY TO COMMERCIAL. IT IS A DEVELOPED SITE. THAT I HAVE TO INFORM YOU OF. THERE'S ALWAYS A RISK THAT THEY WIPE THE SITE CLEAN AND WE PUT IN AN AUTO BODY PAINT AND BODY SHOP OR SOMETHING. NOW THEY STILL GOT TO MEET SETBACKS. THEY STILL GOT TO MEET ALL THE OTHER CODE REQUIREMENTS. YOU LOOK AT LIKELIHOOD AND ALL THOSE THINGS. STAFF HAS TO MAKE A PROFESSIONAL RECOMMENDATION BASED OFF WHAT EXISTS IN THE AREA AND WHAT COULD HAPPEN, MAYBE NOT NECESSARILY WHAT IS MOST LIKELY TO HAPPEN, WHAT COULD HAPPEN. SO THE EASIEST PATH FOR THE APPLICANT IN THIS CASE WOULD BE THE PROPERTY WAS REZONED TO COMMERCIAL AND THEY WERE GRANTED SUP FOR THEIR USE. [00:10:02] OKAY. DOES THE. SO THAT'S JUST THERE. IT'S JUST A SPACE WITHIN THAT BUILDING, IS THAT RIGHT? SO THE WHOLE PROPERTY, THE PARCEL WOULD CHANGE ZONING TO COMMERCIAL. AND THE SPACE IN THE BUILDING WOULD GRANT THE SUP. UNDERSTOOD THAT. BUT IS THE APPLICANT THE OWNER OF THE STRIP CENTER? THE APPLICANT IS THE OWNER OF THE PROPERTY. OKAY. AND THEN THE PERSON REQUESTING THE SUP IS GOING TO BE THE TENANT, BUT IT'S ALL DONE VIA THE OWNER. SO I CAN'T COME IN AS A POTENTIAL RENTER AND REZONE YOUR PROPERTY. THE PROPERTY OWNER HAS TO REZONE. SO WHAT WE HAVE HERE IS WE HAVE WE HAVE THE PROPERTY OWNER HERE WHO HAS SIGNED OFF ON THE APPLICATION. AND THEN YOU HAVE THE PERSON WHO WANTS TO RUN THE BUSINESS. SO BUT THE ZONING IS ALWAYS BY THE PROPERTY OWNER, BUT THEY CAN HAVE AN AUTHORIZED AGENT. AND HOW DID WE DETERMINE WHETHER OR NOT. I MEAN, IF YOU GO BACK TO THE SLIDE OF WHAT'S REQUIRED AS SUP AND WHAT ARE OUR BY RIGHT. HOW DID WE GET. HOW DID WE DETERMINE THAT? ALL THOSE ON THE RIGHT HAND SIDE WERE, WERE, HAD A SPECIAL USE PERMIT. SO THE CITY COUNCIL. AND THE CITY COUNCIL'S DETERMINANT THAT'S IN THE CODE? 2010. THE CODE. FROM THE CODE. FROM THE ZONING ORDINANCE 2010. THAT WAS WHAT WAS ADOPTED IN 2010. THE ZONING CODE ADOPTED BY CITY COUNCIL OUTLINES THOSE ALLOWED BY RIGHT AND SUP REQUIRED. I DON'T SEE A BAR OVER HERE ON THE LEFT-HAND SIDE, AND I DON'T SEE A BAR ON THE RIGHT-HAND SIDE, BUT THERE'S A BAR IN THAT. SO WE DON'T HAVE, SO BAR, YOU KNOW, RESTAURANT THAT SERVES ALCOHOL, THERE'S, THERE'S DIFFERENT USES THAT CAN DEPENDING ON HOW TO ABC. AND I DON'T WANT TO GET TOO OFF THE TOPIC. THERE'S ALSO USES THAT EXISTED PRIOR TO THAT ZONING CODE ADOPTION. SO YOU HAVE, MAYBE YOU HAVE USES THAT ARE GRANDFATHERED, YOU HAVE USES THAT PREEXISTED. THERE'S LOTS OF DIFFERENT WAYS WE HAVE PRIVATE CLUBS ALSO. SO PRIVATE CLUBS ARE ALLOWED IN MANY OF OUR ZONING DISTRICTS, AND THEY MAY OPERATE AS A PRIVATE CLUB THAT MAY SERVE ALCOHOL. I HAVEN'T PERSONALLY BEEN IN KATHY'S BAR. I DON'T KNOW ANYTHING ABOUT IT. I DIDN'T I'VE NEVER BEEN IN I DON'T KNOW IF IT'S A PRIVATE CLUB OR NOT. I'M PRETTY SURE IT IS PRE EXISTED ANY CURRENT REQUEST. BUT. SO THE OTHER. SO. GENERAL RETAIL IS WHAT IT'S ZONED AS NOW IS WHAT YOU'RE SAYING. YES, SIR. AND IN GENERAL, RETAIL. DOES NOT INCLUDE. DOES NOT INCLUDE. AS I WAS TALKING ABOUT EARLIER. YEAH. WE CAN ONLY, YOU CAN ONLY ASK FOR AN SUP IF IT'S CALLED OUT IN THE CODE FOR THAT ZONING DISTRICT AND THE GENERAL RETAIL ZONING DISTRICT DOES NOT ALLOW A TATTOO STUDIO TO BE EVEN REQUESTED IN GENERAL RETAIL. SO YOU HAVE TO CHANGE THE BASE ZONING TO REQUEST IT. SO WHERE IS THE GENERAL RETAIL IN ALL THIS? I MEAN, EVERYTHING TO THE LEFT IS GENERAL. NO, THIS IS COMMERCIAL. THIS IS WHAT THE CURRENT REQUEST THAT THEY'RE ASKING FOR. I. YES, SIR. I DON'T HAVE A SLIDE UP THERE THAT SHOWS THAT. THIS IS JUST ME TYPING THIS OUT LOUD, WHAT'S ALLOW IN GENERAL RETAIL? NOT A TATTOO STUDIO. YES, I DON'T. SO LIKE I MENTIONED, STAFF'S RECOMMENDATION IS BASED OFF THE HAVING TO CHANGE THE BASE ZONING DISTRICT, NOT NECESSARILY THE SUP REQUEST PORTION OF THAT. STAFF'S HANDS ARE KIND OF HANDCUFFED AND WHAT WE'RE ALLOWED TO DO, IF WE HAD A PROCESS WHERE WE COULD ALLOW AN SUP IN A DIFFERENT ZONING DISTRICT, THAT'S WHY I SAID OUR REQUEST MAY BE DIFFERENT. OUR RECOMMENDATION MAY HAVE BEEN DIFFERENT, BUT IN THIS CASE, THE CODE DOESN'T ALLOW US TO BRING FORWARD A GENERAL RETAIL SUP FOR A TATTOO STUDIO. SO BASED ON YOUR KNOWLEDGE, IF WE THOUGHT THAT IT WOULD BE OKAY, I MEAN, TO HAVE A TATTOO STUDIO IN THAT COMMERCIAL AREA OR THAT RETAIL, RETAIL STRIP CENTER, WHAT WOULD YOU SUGGEST WE DO? SO YOU HAVE A COUPLE OPTIONS. YOU COULD REZONE. THE EASIEST WAY TO DO IT FOR THE COMMERCIAL WITH THE SUP. THAT WOULD BE THE EASIEST AND THAT YOU WOULDN'T BE TOO OUT OF LINE IF THAT'S WHAT YOU WANT TO REQUEST. THE OTHER OPTION IS YOU COULD MAKE A STATEMENT IN THE REPORT THAT GOES TO COUNCIL THAT STAFF HAS OUR P&Z HAS NO ISSUE WITH THIS USE, BUT WE DON'T FEEL COMFORTABLE CHANGING THE BASE ZONING DISTRICT, AND THEN P&Z HAS A LITTLE MORE LEEWAY OF WHAT THEY WANT TO DIRECT STAFF TO DO AT THAT TIME. OR YOU CAN DENY THE REQUEST OUTRIGHT. THOSE ARE REALLY YOUR KIND OF YOUR OPTIONS. IF YOU'RE ASKING THE COUNCIL TO MAKE A TEXT AMENDMENT, YOU'RE ESSENTIALLY DENYING THE APPLICATION IN FRONT OF YOU AND JUST GIVING DIRECTION. [00:15:04] REQUEST THE COUNCIL TO MAKE IT HAPPEN LATER. SIMILARLY SITUATED APPLICANT IN THE FUTURE, IF YOU COULD GET THE RELIEF THEY'RE SEEKING, WHICH IS A TATTOO SHOP, TATTOO STUDIO SUP GENERAL RETAIL PLACE. BUT IF YOU'RE LOOKING TO JUST. YOU COULD JUST REZONE IT TO C COMMERCIAL WITH SUP. FROM GR TO C AND THEN DOOMSDAY SCENARIO. PEOPLE LIKE IF, IF GODZILLA WIPES THAT SPOT CLEAN AND THEY REDEVELOP IT. THESE THINGS ON THE LEFT COULD HAPPEN. YES. AND SO. AND IF YOU ASK. MY OPINION MAY BE DIFFERENT THAN WHAT I RECOMMEND AS STAFF ON A PUBLIC HEARING. IN MY PERSONAL OPINION, BUT I HAVE TO MAKE A RECOMMENDATION BASED OFF KIND OF HOW OUR ORDINANCES AND OUR CODES ARE WRITTEN. I DO THINK THAT THIS GIVES US A VERY KEY INSIGHT OF A, I DON'T WANT TO SAY AN OVERSIGHT, BUT SOMETHING THAT NEEDS TO BE UPDATED IN THE FUTURE. AND I KNOW THAT THIS IS A GOOD TIME THAT, YOU KNOW, WE'RE WORKING ON UPDATING OUR ZONING ORDINANCE BECAUSE I HAVE TATTOOS, I'VE GONE TO MANY TATTOO STUDIOS AND I HAVE NEVER SEEN ONE THAT WOULD PROBABLY WARRANT A COMMERCIAL ZONING. THEY'RE NEVER THAT BUSY. IT'S ALWAYS A SMALLER OPERATION. THEY DON'T HAVE AS MANY. THEY DON'T HAVE AS MUCH FOOT TRAFFIC. AND TO MY UNDERSTANDING, IT'S A ONE ARTIST SHOP AND IT'S GOING TO BE APPOINTMENT ONLY. SO NO WALK INS. AND TO ME, ALL TATTOO STUDIOS SHOULD BE ALLOWED MAYBE NOT BY RIGHT IN GENERAL RETAIL, BUT THEY SHOULD BE ALLOWED WITH THE SUP. SO I THINK IT IS OVERLY IT NEEDS TO BE. I DON'T THINK IT NEEDS TO BE AS OVERLY ZONED AS IT CURRENTLY IS REQUESTING. TO GRANT THE APPLICATION. YEAH. I'LL GIVE DIRECTION TO. YEAH. AND I AGREE WITH ASHLEY. LIKE THE EASIEST PATH FORWARD TONIGHT IS CHANGING THE ZONING AND THEN OTHER THINGS WILL HAVE TO BE KIND OF KICKED DOWN THE ROAD TO REVISIT SO. IF WE LOOK AT THE MAJORITY OF THAT AREA, MOST OF IT LOOKS LIKE IT'S PROBABLY ALL COMMERCIAL ALREADY. I MEAN, NO, NO, GO BACK TO WHERE WE WERE. I MEAN, LIKE, THERE'S A MORTUARY, THERE'S A PAWN SHOP, THERE'S TRAILER SALES, THERE'S LIKE ALL OF THESE THINGS UP AND DOWN THE ROAD. SO, I MEAN, I DON'T KNOW THAT THEY'RE ALL ZONED COMMERCIAL OR GRANDFATHERED OR WHAT, BUT LIKE THAT WHOLE AREA IS KIND OF ALL OF THAT STUFF ALREADY. WELL, EVEN, WELL, EVEN LOOKING AT JOSHUA TOO, BECAUSE I WAS TRYING TO DO SOME RESEARCH TO TRY TO FIGURE OUT LIKE WHAT WE CAN DO FOR THE APPLICANT. AND I WAS LOOKING AT JOSHUA'S ZONING CODE AND THAT ZONING CODE ACROSS 174 IS, I BELIEVE, C-1, WHICH IS OUR VERSION OF GENERAL RETAIL. AND THEY ALLOW TATTOO STUDIOS IN GENERAL RETAIL WITH THEIR VERSION OF AN SUP SO I MEAN, IT FALLS IN LINE WITH WHAT IS OVER IN THAT AREA ANYWAYS. AND I THINK THAT IT ALSO WILL GIVE CITY STAFF INSIGHT OF LIKE, HEY, JOSHUA DOES LIKE THIS IS WHAT IS RIGHT ACROSS THE STREET. THIS IS A FEW DOORS DOWN. WE COULD MAKE IT GENERAL RETAIL AND ADD A TATTOO STUDIO AS AN SUP WITH THIS UPDATE, BUT I DO THINK THAT IN ORDER FOR THIS, I AM TOTALLY FOR HAVING A TATTOO STUDIO IN THAT AREA. I THINK IT FITS AND IT HELPS THE APPLICANT TO LOCAL BUSINESS LOCAL ARTISTS, WHICH I FULLY SUPPORT. WE MAY WANT TO HEAR FROM THE APPLICANT. YEAH. OF COURSE. YEAH, I GOT TO DO THE PUBLIC HEARING ANYWAY, DON'T YOU? WE'RE ALREADY IN IT. YEAH. YOU CAN CHIME IN. HI. I DON'T KNOW IF YOU HAVE ANY QUESTIONS FOR ME. OH, I'M MONICA SMITH. I'M SORRY. I CAN'T HEAR YOU. OH. MY ADDRESS IS 209 ROARING SPRINGS DRIVE, AND THAT'S IN JOSHUA. I LIVE A THREE MINUTE WALK FROM THIS LOCATION RIGHT HERE. I WALK MY DOG AND I PUSH MY SON IN HIS STROLLER JUST PAST THERE ALMOST EVERY DAY. A LOT OF THE NEIGHBORS KNOW ME BY NAME. I OWN MY HOME. I DON'T RENT IT, I OWN IT. SO HONESTLY, THIS IS REALLY IMPORTANT FOR ME. I WOULD LOVE TO BE IN THIS LOCATION, I REALLY WOULD. IT WOULD MEAN A LOT. ANYBODY ELSE? I'M SORRY. SO ARE YOU THE OWNER OF THE TATTOO PARLOR? I WOULD BE. YES, I WOULD BE THE OWNER OF THE TATTOO PARLOR. I'VE BEEN TATTOOING PROFESSIONALLY FOR 16 YEARS THROUGHOUT THE UNITED STATES. I'M VERY WELL KNOWN IN THIS AREA. I DO APPOINTMENT ONLY PRIVATE TATTOOING IN THE FACILITY THAT I WORK AT CURRENTLY, [00:20:04] AND I'M BOOKED OUT ABOUT 4 TO 8 MONTHS ON AVERAGE. SO I DO REQUIRE A PRIVATE LOCATION. FINDING SOMEWHERE NEAR MY HOME HAS BEEN PRETTY DIFFICULT AND ALSO FINDING SOME SOMEWHERE WITH ONLY 400FT². I DON'T NEED A HUGE BUILDING. I DON'T NEED AN OFFICE SPACE CRAMMED UP NEXT TO WALMART. THIS IS VERY ACCOMMODATING FOR ME, AND I WOULD PROBABLY BE A RESIDENT IN THERE UNTIL I COULDN'T TATTOO ANYMORE. I LIVED DOWN THE STREET, SO I WOULD BE. I MEAN, AND CONSIDERING HOW THE OTHER BUILDINGS ARE SMALLER. EVEN IF IT WAS ZONED COMMERCIAL. WHEN I WAS LOOKING ONLINE, THERE ARE SPECIFICATIONS FOR AUTO BODY SHOPS AND PLACES LIKE THAT. THEY WOULDN'T BE ABLE TO OCCUPY ONE OF THOSE OTHER SMALL LOCATIONS. SO IF THAT'S AT ALL REASSURING, I HOPE IT IS. IT IS FOR ME. THANK YOU. I MEAN, I THINK I KNOW THAT SPECIFIC, SPECIFIC AREA PRETTY WELL. I MEAN, I THINK THAT'S ABOUT AS PERFECT OF A SPOT AS YOU CAN PUT A TATTOO STUDIO. SO IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? ANYTHING ELSE YOU'D LIKE TO KNOW? THANK YOU. OKAY. YES, ABSOLUTELY. THANK YOU FOR COMING. ALL RIGHT. I'M GOING TO CLOSE. OH. DO WE? OH, OKAY. MY NAME IS GRETCHEN ALTARAS, AND MY ADDRESS IS 101 ROSEMONT PLACE IN JOSHUA. WE ARE OUR HOME. OUR HOUSE IS IN CLOSE PROXIMITY TO THE KATHY'S CLUB PROPERTY. I UNDERSTAND WHAT THEY'RE TRYING TO DO, BUT I'M ASKING YOU TO NOT REZONE IT COMMERCIAL. I THINK THE STAFF'S SUGGESTION OF LEAVING IT, GENERAL RETAIL AND COMING TO A PLACE WHERE YOU CAN ALLOW FOR A SPECIAL USE PERMIT FOR A TATTOO STUDIO IN GENERAL RETAIL MAKES THE MOST SENSE. IF YOU LIVE ALONG THE BOULEVARD, ROARING SPRINGS, NICE AND QUIET, BUT IT IS. YOU HAVE TO GO SOUTH. THEN YOU GO UP COUNTRY CLUB AND THEN YOU MAKE A RIGHT. IT'S VERY NICE AND IT'S QUIET AND SECLUDED BACK THERE. BUT WHEN YOU LIVE ALONG THE BOULEVARD NEAR THOSE GENERAL RETAIL BUSINESSES, IT'S CHALLENGING. IF YOU CHANGE THE ZONING TO COMMERCIAL, THEY COULD TEAR DOWN THAT BUILDING SOMEDAY AND PUT IN SOMETHING EVEN MORE NOXIOUS. THERE ARE ISSUES WITH KATHY'S CLUB. WE HEAR GUNSHOTS. THERE ARE DRUG DEALS THAT GO ON A LOT OF FIGHTING. I DON'T KNOW HOW OFTEN THE BURLESON POLICE ARE DOWN THERE. AND SOME OF THE OTHER BUSINESSES, EVEN JUST GENERAL RETAIL, THEY OFFLOAD THE DUMPSTERS AT LIKE 430 IN THE MORNING. THAT WAS SUPPOSED TO BE HANDLED, BUT IT'S NOT. IF YOU OPEN PANDORA'S BOX, YOU CAN'T CLOSE IT BACK UP. YOU CANNOT PUT THE GENIE BACK IN THE BOTTLE. AND IF YOU ZONE IT COMMERCIAL, THEN WE CAN'T TURN AROUND AND SAY, WELL, YEAH, WE ZONED IT COMMERCIAL BECAUSE WE WANTED TO ALLOW THE TATTOO STUDIO OR PARLOR, BUT I KNOW ITS OWN COMMERCIAL, BUT WE DON'T WANT YOU TO PUT THIS IN THERE NOW. YOU'D BE OPENING UP YOURSELVES FOR A LAWSUIT. AND THE OTHER THING TO BEAR IN MIND, IF YOU CHANGE THE ZONING TO COMMERCIAL AND ALLOW MORE INTENSE IMPACT ON THAT RESIDENTIAL NEIGHBORHOOD, THAT'S BASICALLY 30FT ACROSS THE ROAD, THAT SECTION OF BURLESON IS NOT SERVICED BY CITY OF BURLESON WATER IT'S JOHNSON COUNTY SPECIAL UTILITIES DISTRICT, AND WE DON'T EVEN HAVE WORKING FIRE HYDRANTS. WE HAVE PRESSURE RELEASE VALVES. I BELIEVE THE WATER MAINS ARE ONLY FOUR INCHES. SO IF YOU GET INTO TO MORE INTENSE COMMERCIAL USE AND A FIRE BREAKS OUT, IT'S GOING TO BE PROBLEMATIC. SO WE'RE ASKING YOU TO PLEASE LEAVE IT GENERAL RETAIL. I THINK THAT'S A GREAT RECOMMENDATION FOR COUNCIL TO ALLOW SPECIAL USE PERMITS FOR TATTOOS IN GENERAL RETAIL. I THINK THAT WOULD KIND OF SATISFY EVERYBODY. IT WOULD ALLOW THE TATTOO PARLOR TO OPERATE, AND IT WOULD TRY TO PRESERVE WHAT'S LEFT OF THE QUALITY OF LIFE AND THE HOME VALUES FOR THE HOMES ALONG MOUNTAIN VALLEY BOULEVARD. THANK YOU. ALL RIGHT. THANK YOU. GIVEN THAT IF WE JUST IF WE WERE TO PUT IN A REQUEST TO CITY COUNCIL TO ALLOW FOR A TATTOO STUDIO TO OPERATE IN GENERAL RETAIL, AND THEY WOULD HAVE TO AMEND IT. WHAT IS THE TURNAROUND TIME FOR THE APPLICANT TO POSSIBLY COME BACK PUT IN FOR THAT SUP AND START OPERATING. SO IF THE DIRECTION WAS TO STAFF FROM COUNCIL TO AMEND THE CODE STAFF WOULD HAVE TO DRAFT A TEXT AMENDMENT. WE'D HAVE TO DO NOTICING PUBLIC NOTICES AND HAVE ANOTHER HEARING AT P&Z. AND THEN IT WOULD GO TO COUNCIL FOR FIRST AND THEN FINAL READING SO YOU'RE LOOKING AT PROBABLY 3 TO 3 MONTHS ON THE [00:25:07] QUICK END, PROBABLY FOR ALL THAT TO OCCUR. SO, YOU KNOW, I DON'T CONTROL THE COUNCIL'S AGENDA. I CAN GET THE WORK DONE. I KNOW HOW QUICKLY I COULD HAVE THE WORK DONE. IT'S VERY MINOR. IT'S A MATTER OF MEETING STATE LAW FOR NOTICING AND THEN GETTING ON AGENDA. I WOULD SAY ON THE LONG END, IT COULD TAKE. WELL, LET'S JUST PUT IT THIS WAY. SOME THINGS TAKE A LONG TIME. THERE HAVE BEEN DRAFTED AND THEY'RE STILL GOING THROUGH THE PROCESS. AND YOU HAVE MAYBE IT GETS KICKED DOWN TO A COMMITTEE TO CONSIDER. AND SO IT'S REALLY HARD TO SAY, BUT I WOULD SAY IT'S 3 TO 4 MONTHS IS PROBABLY REASONABLE TIMELINE. IF YOU WENT THAT ROUTE. AND AS FAR AS, YOU KNOW, JUST TO MENTION COMMERCIAL, IF THE PROPERTY WAS REZONED TO COMMERCIAL, YOU KNOW, STAFF IS VERY DOOM AND GLOOM. THIS IS THE WORST-CASE SCENARIO OBVIOUSLY, THERE ARE OTHER MECHANISMS IN PLACE. OBVIOUSLY IT HAS TO ENGINEERING HAS TO WORK, TRAFFIC STUDIES HAVE TO GO. SO THERE ARE SOME PROTECTIONS EVEN WHEN YOU GRANT A ZONE. I WILL JUST BE HONEST THERE ARE SOME THINGS THAT STILL HAVE TO OCCUR BEFORE DEVELOPMENT OCCURS. SO THERE'S ALL THOSE THINGS THAT YOU HAVE TO CONSIDER WHEN YOU MAKE YOUR DECISION IS, YOU KNOW, LIKELIHOOD WHAT COULD HAPPEN. AND THEN JUST KEEP IN MIND THERE ARE OTHER REGULATIONS AND ENGINEERING STANDARDS TO PROTECT A USE GOING IN THAT WON'T HAVE ADEQUATE FIRE LANES. ADEQUATE FIRE SAFETY. THIS SITE DOESN'T MEET PROBABLY ANYTHING ABOUT OUR CURRENT CODES. REDEVELOPMENT. THEN IT HAS TO MEET SCREENING. THEY'D HAVE TO PUT IN MASONRY WALL SCREENING. THEY HAVE TO PUT IN LANDSCAPING. SO ALL THOSE THINGS WOULD OCCUR SHOULD IT REDEVELOP. SO I JUST WANT TO BE HONEST WITH YOU. IT WOULDN'T JUST BE A CLEAN SLATE. DROP SOMETHING IN. THEY'D STILL HAVE TO MEET ALL OUR CODES. SO DEPENDING ON WHAT THE USE WAS, IT MAY ACTUALLY BE LESS OF A BURDEN THAN IT IS NOW. IT JUST DEPENDS ON HOW YOU LOOK AT IT. BUT STAFF TRIES TO PROVIDE YOU A YOU KNOW, WE TRY TO LOOK AT OUR CRYSTAL BALL AND COME UP WITH WHAT COULD HAPPEN. BUT THERE ARE MECHANISMS IN OUR CODES AND STANDARDS TO PROTECT. IF REDEVELOPMENT OCCURS, NO MATTER WHAT THE ZONING DISTRICT IS, THERE'S MORE INTENSE USES THAN GENERAL RETAIL MAYBE THAT COULD OCCUR IF THEY WIPED IT CLEAN. THEY STILL HAVE TO BRING IT INTO ALL THOSE STANDARDS. SO THOSE ARE JUST THINGS TO CONSIDER. I ALSO WALK ALONG THAT PATH, THE MOUNTAIN VALLEY BOULEVARD. SO I'M QUITE FAMILIAR WITH THE AREA AND I'M NOT. AFTER LISTENING TO TO YOU ALL, I'M NOT REALLY IN FAVOR OF CHANGING IT MYSELF TO GENERAL RETAIL. I MEAN, TO COMMERCIAL. SO EVEN THOUGH IT'S A LONGER PATH, IT SOUNDS LIKE IT'S A SITE THAT WOULD BE IDEAL. MAYBE A WAIT WON'T BE SUCH A TROUBLE FOR YOU. SO THAT WOULD BE MY, YOU KNOW, I WOULD PROBABLY VOTE TO DENY THIS. I ALSO WANT TO POINT OUT TO THE COMMISSIONERS THAT TEXAS, IN AT SINNERS AND SAINTS, WHICH IS THE TATTOO STUDIO THAT I BELIEVE IS OFF OF HILLARY. I BELIEVE THERE ARE HOUSES AND APARTMENT COMPLEXES WITHIN CLOSE PROXIMITY TO THAT TATTOO STUDIO AND THAT IS ALSO ZONED FOR COMMERCIAL. AND I JUST WANTED TO PUT THAT, LET THAT BE KNOWN THAT THERE IS ONE OPERATING WITHIN THE CITY LIMITS THAT IS WITHIN CLOSE PROXIMITY TO RESIDENTIAL HOMES. ALRIGHT, IS THERE ANY OTHER QUESTIONS OR CONCERNS? ANYTHING ANYONE ELSE IN THE AUDIENCE WOULD LIKE TO SPEAK ON? JUST I'D LIKE TO ADD THAT. IF YOU CAN COME UP TO THE PODIUM SO WE CAN HEAR YOU BETTER. THE TATTOO PARLOR THAT YOU'RE SPEAKING ABOUT IS NEXT TO APARTMENT COMPLEXES. AND THAT'S KIND OF HOW THE CITY'S BEEN DOING. THEIR ZONING IS COMMERCIAL ZONING BECAUSE IT'S HIGHER IMPACT IS UP AGAINST OR IN PROXIMITY TO APARTMENT COMPLEXES, WHEREAS GENERAL RETAIL IS IN PROXIMITY TO SINGLE FAMILY RESIDENTIAL HOMES. YOU KNOW, ZONING AREAS, FOR EXAMPLE. MCNAIR. THE MCNAIR PROPERTY WHERE DUTCH BROTHERS AND CHIPOTLE ARE. THAT'S GENERAL RETAIL BECAUSE IT'S RIGHT IN CLOSE PROXIMITY TO THE RESIDENTIAL AREA BEHIND IT. THANK YOU. ALL RIGHT. ANYTHING ELSE? ANY OTHER COMMENTS OR QUESTIONS? ALL RIGHT. I WILL CLOSE THE PUBLIC HEARING AT 7:38 P.M. AND I WILL HEAR A MOTION IF ANYBODY'S GOT ONE FOR ME. I MOTION TO APPROVE THE ZONING CHANGE FROM GENERAL RETAIL TO COMMERCIAL FOR CASE ZC26-002. WITH THIS EP. DO WE HAVE A SECOND? [00:30:09] NO. DO YOU HAVE ANY OTHER MOTIONS? I MOVE THAT WE DENY ZC26-002. THE REQUESTED CHANGE FROM GENERAL RETAIL TO COMMERCIAL WITH A SPECIAL USE PERMIT FOR A TATTOO STUDIO. OKAY. DO WE HAVE A SECOND? I'LL SECOND. OH, OKAY. ALL RIGHT. SO WE HAVE A MOTION BY BETH, A SECOND BY CHRISTINE. ALL IN FAVOR, PLEASE RAISE YOUR HANDS. ONE. TWO. THREE. FOUR. ALL RIGHT. AND THEN ANYONE AGAINST. ALL RIGHT. IS IT FOUR AND FOUR? I GOT THAT RIGHT. THREE. THREE. FOUR. OKAY. GOT YOU. ALL RIGHT. SO WE HAD FOUR FOR AND THREE AGAINST OR BACKWARDS? THREE FOR FOUR. OKAY. ALL RIGHT. SO THAT'S THAT IS THAT WHAT HAPPENS NOW? IT'S JUST NOTHING. OKAY. OKAY. IS THERE ANY OTHER MOTIONS? SHE CAN MAKE? OH, YEAH. I WILL REMAKE MY MOTION TO REQUEST THE ZONING CHANGE FROM GENERAL RETAIL TO C COMMERCIAL WITH A SPECIFIC USE PERMIT FOR A TATTOO STUDIO FOR CASE ZC2600-002. ALL RIGHT. DO I HAVE ANY SECONDS FOR THAT MOTION? ALL RIGHT. DO I HAVE ANOTHER MOTION? ANYWHERE. MAKE YOURS AGAIN. LET ME ASK A QUESTION FIRST, IF WE CAN. YOU TALKED ABOUT A RECOMMENDATION TO COUNCIL. SO CAN WE MAKE A RECOMMENDATION TO COUNCIL THAT THEY ADOPT TATTOO PARLORS AS PART OF THE GENERAL RETAIL SUPS? NO, THAT'S NOT THAT'S NOT A RECOMMENDATION. THAT'S JUST A REQUEST. THAT'S A GENERAL REQUEST YOU'RE MAKING COUNCILMAN. IT'S NOT A RECOMMENDATION ON THE CASE ITSELF. SO CAN WE MAKE THAT REQUEST? YOU CAN MAKE THAT REQUEST. BUT IT IS. THAT REQUEST IS SEPARATE FROM THE ZONING CASE AND THE APPLICATION. SO STAFF WILL PROVIDE AND WE PROVIDE A SUMMARY TO COUNCIL. IN THE PRESENTATION THERE'S A SLIDE. SO THE DISCUSSIONS THAT WERE HAD AND WE CAN PUT THE REQUEST WAS MADE IN THAT SUMMARY. AND THEY'LL SEE THAT WHEN THEY RECEIVE THEIR PACKET. IT CAN THE, CAN THE TATTOO OWNER PETITION TO PUT IN, I MEAN TO DO THE SUP I MEAN, WITH IT BEING LIKE IT IS, I MEAN, CAN. THEY CANNOT. THEY CANNOT. OKAY. OKAY. SO YOUR RECOMMENDATION WOULD, WHATEVER THE RECOMMENDATIONS ARE BEING, AND THEN THERE'LL BE INFORMATION ABOUT THE DISCUSSION RELATED TO POTENTIALLY A TEXT. AND THEN AT THAT TIME, COUNCIL WILL HAVE, YOU KNOW, THEY CAN HAVE THEIR DISCUSSIONS AND THEN THEY CAN DIRECT STAFF OR THEY CAN APPROVE OR CHANGE THE ZONING. YOU COULD WAIT FOR ANOTHER MOTION. YOU CANNOT BECAUSE OF NOTICING REQUIREMENTS. YOU CAN'T. YOU CAN'T. SO. OKAY. I MAKE A MOTION TO ZZ26. 002. TO DENY THE REQUEST FOR A CHANGE FROM GENERAL RETAIL TO C COMMERCIAL WITH A SPECIAL USE PERMIT FOR A TATTOO STUDIO. [00:35:07] AND DO I HAVE A SECOND FOR THAT MOTION. I THOUGHT WE ALREADY DID THAT. YEAH. OKAY, WELL. ONE SECOND. OKAY. I MEAN, IT WENT THROUGH. OKAY, SO WE HAVE A MOTION BY BETH, A SECOND BY CHRISTINE. OH. I WAS TRYING TO CALL YOU CYNTHIA EARLIER. I WAS LIKE, I KNOW, THAT'S RIGHT. OKAY, SO A MOTION BY BETH, SECOND BY CYNTHIA. ALL IN FAVOR, PLEASE RAISE YOUR HANDS. IS THAT THREE? OKAY. ALL, NOT IN FAVOR. PLEASE RAISE YOUR HANDS. SO THERE'S FOUR. SO WHERE DO WE GO FROM HERE? WELL, I MEAN, EVENTUALLY. IF THE COMMISSION CANNOT GIVE A RECOMMENDATION. TECHNICALLY, ALL THAT'S REQUIRED IN THE CODE IS THE CORE, MEANING THERE'S NO ACTION. I SHOULD TAKE ON THIS, RIGHT? COMMISSIONER. AND SO IT GOES FORWARD WITH THIS. THE STIPULATED IN THE RECORDS THAT THERE WERE ALMOST NOTHING CAN BE APPROPRIATELY DETERMINED ONE WAY OR THE OTHER. COULD BE LOADED UP WITH A PLAN THAT SATISFIES THE REQUIREMENTS OF THE ORDINANCE. AND SO IT'S. IT GOES FORWARD TO COUNCIL FOR CONSIDERATION WITHOUT RECOMMENDATION. AND THE REPORT IS BASICALLY WE COULD HAVE IT OPEN. IT SOMETIMES HAPPENS. YOU KNOW, SOME OF Y'ALL BEEN ON HERE ON THE BOARD LONG ENOUGH, THE COMMISSION LONG ENOUGH WHERE WE'VE HAD BEFORE. YEAH. WE'VE HAD SOME COME THROUGH, BUT WE HAVE THEM. YEAH. SO IT COULD BE APPROVED TO THE NEXT LEVEL? IT COULD BE APPROVED BY COUNCIL. YES. AGAIN, THERE'S YOU'RE ASKED TO GIVE A RECOMMENDATION, BUT TECHNICALLY THE LEGAL REQUIREMENTS TO GIVE YOUR REPORT. IT HAS TO BE CONSIDERED BY THIS BOARD. BUT THE FACT THAT YOU'RE HAVING A TIE DOESN'T MEAN YOU CAN'T PROCEED. THIS IS NOT A DECISION MAKER. CORRECT. CORRECT. DOES THAT MAKE SENSE? IT DOES. YEAH. BECAUSE WE'RE RECOMMENDING. YES. CORRECT. CORRECT. MIC]. ALL RIGHT. SO THAT'S IT FOR PUBLIC HEARINGS. THERE'S NO REPORTS AND PRESENTATIONS. NO GENERAL ITEMS. NO COMMUNITY INTEREST ITEMS. NO EXECUTIVE SESSION. I'LL ADJOURN THE MEETING AT 7:46 P.M.. * This transcript was compiled from uncorrected Closed Captioning.