Planning and Zoning Commission Minutes - 07/13/2022 MINUTES
PLANNING & ZONING COMMISSION
July 13, 2022
PRESENT:
David Cook •Chairman
Michael Grassi •Member
Blake Haney •Member
Steve Lane •Member
Mark McBurnett •SAFB Liaison
Doug McCulloch •Member
Noros Martin •Member
Wayne Pharries •Member
Steve Wood •Atternate No.1
Jeremy Woodward •Vice-Chair
James McKechnie, Deputy City Attorney •City Staff
Paul Menzies, Assistant City Manager •City Staff
Terry Floyd, Development Services Director •City Staff
Fabian Medellin, Planning Manager •City Staff
Karen Montgomery-Gagne, Principal Planner •City Staff
Christa! Ashcraft, Development Services Admin. Assist. •City Staff
Cedric Hu, Planning Technician •City Staff
ABSENT:
Cayce Wendeborn •Member
Councilor Whiteley •Council Liaison
I. CALL TO ORDER
The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m.
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.
Planning and Zoning 2 July 13, 2022
d. Commission members, when speaking please remember to press the button
to turn on your microphone.
e. 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.
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
Mr. Noros Martin made a motion to adopt the June 8, 2022, minutes. Mr. Jeremy
Woodward seconded the motion. The motion was passed unanimously, 9-0
VII. CONSENT AGENDA
Case P 22-12 — Seymour Creek Acres, Lots 1 & 2, Block 1 — Preliminary Plat
Case P 22-13 — Stone Lake Estates Phase 9 — Final Plat
Chairman Cook asked if anyone had an item to be moved to the regular agenda.
Nothing to be moved. Mr. Jeremy Woodward made a motion to approve the
consent agenda. Mr. Steve Wood seconded the motion. Motion passed
unanimously, 9-0.
VIII. REGULAR AGENDA
1. Case C 22-14—2101 Buchanan Street:
Consider taking action on a conditional use to allow for a convenience
store in a Light Commercial (LC) zoning district.
Applicant/Owner: Omer Farooq
Mr. Doug McCulloch made a motion to approve the case. Mr. Martin seconded the
motion. Mr. Cedric Hu presented the case and stated the applicant, Mr. Omer
Farooq had submitted a conditional use application to staff requesting to convert a
previous laundry mat, into a convenience store. The subject property is located in a
Limited Commercial (LC) district where convenience stores are conditionally
allowed, and that is why staff is bringing the proposal before the Commission today.
Mr. Hu advised 2101 Buchanan Street was located in the central area of Wichita
Falls, west of the Kemp Boulevard and Avenue K intersection. To the south of the
subject property were residential uses down Kemp Boulevard and to the north is
Compassion Church along with its parking lot. To the west and east are various
retail and office uses along Kemp Boulevard located in the Commercial Corridor
(CC) zoning district.
Planning and Zoning 3 July 13, 2022
Mr. Hu stated the applicant was proposing to convert the structure, built in 1984,
from a previously used laundry mat to an approximately 2,000 sf. convenience
store. With this change of use from a service use to retail, the off-street parking
requirements will change from 1 parking stall per 300 sf. to 1 parking stall per 200
sf. The current parking layout satisfies the new requirements.
The subject property is within the Limited Commercial (LC) zoning district with
various uses surrounding, including those in the Commercial Corridor (CC) zoning
district, composed of mostly office and retail uses to the east. Residential uses
located to the south of the subject property are in a Single Family-2 (SF-2) zoning
district. To the north are various parking lots in the Limited Commercial (LC) zoning
district with residences further north in the Single Family-2 (SF-2) zoning district. To
the west are construction and warehouse uses located included in the Limited
Commercial (LC) zoning district.
Mr. Hu advised staff sent notices to 14 property owners and received back a total of
2 responses, both in opposition of this petition. After consideration of the proposed
use, staff recommended approval of this Conditional Use Permit request for 2101
Buchanan St. to allow for a convenience store in a Limited Commercial (LC) zoning
district with the following conditions:
1. Obtain all necessary permits and licenses in accordance with city
ordinances, adopted building code and health code regulations.
2. Any additional site improvements, non-conforming site elements, and
developmental requirements as required by the Health, Building, or
Zoning Codes will be subject to the site plan review/re-occupancy
process.
3. Comply with all special conditions unique to the Limited Commercial (LC)
zoning district to include limitations of hours of operation and signage.
4. Prior to initiating operations all developmental requirements, conditions,
permits and licensing shall be reviewed, approved, constructed and
inspected.
5. No illuminated signage, either by internal or external lighting, will be
allowed on the southwestern property line, adjacent to the residences.
Chairman Cook asked if the applicant was present and wished to make a
presentation. The applicant, was not present for Commission questions. Mr. Cook
asked if there were any comments from the public. With no comments, Chairman
Cook closed the public comments and opened the floor for the Commission. Mr.
Noros Martin asked if fuel and/or diesel would be sold at the convenience store, to
which Mr. Hu advised there would not be. Mr. Terry Floyd advised the Commission
since the applicant was not present, it was at the Commission's discretion to table
the case. With no other questions Chairman Cook called for a vote. The motion
passed unanimously with a vote of 9-0.
2. Case TA 22-01 — Text Amendment— Downtown Zoning Realignment:
Public hearing to consider a proposed text and boundary amendment to
the Wichita Falls Code of Ordinances, Appendix B: Zoning revising,
consolidating and incorporating sections addressing: definitions,
Planning and Zoning 4 July 13, 2022
downtown zoning district boundaries, creation of special downtown zoning
districts, downtown non-conforming use limitation and appeal process,
development regulations (setbacks) and incorporating a downtown zoning
use table; and Land Use Plan amendment to consolidate use categories in
Greater Downtown.
Applicant: City of Wichita Falls
Chairman Cook opened the public hearing at 2:07 pm concerning case TA 22-01.
Ms. Karen Gagne presented the amendment and discussed the previous work
session held at last month's Planning Zoning meeting, June 8th, 2022. Ms. Gagne
stated City Council initiated a Strategic Plan process in 2016, working with an
organizational management firm to develop a long-term plan. The re-development
of Downtown Wichita Falls emerged as one of the top goals. September 2018, the
City Council adopted the Downtown Strategic Plan Recommendations with the
Downtown Zoning Diagnostic Report a key element.
Ms. Gagne gave a brief summary of Downtown Strategic Plan progress to date,
including the numerous Downtown Zoning Realignment public meetings held and
other opportunities for both downtown property owners and the general public to
comment or attend to provide input.
Again, Ms. Gagne discussed the proposed revisions to the Greater Downtown area
in which the details and reasoning for the revisions given at the previous work
session. The Downtown Strategic Plan recommendations from the Freese &
Nichols Diagnostic Report, were to realign the downtown areas shown in a map
provided to the Commission in their handouts and displayed for the public on
screen. There was one staff recommendation that was not on the previous working
draft to rezone LaSalle Alley from Light Industrial (LI) to the Central Business
District (CBD). Ms. Gagne advised all 6 property owners were contacted and
discussed what this would mean for their business uses. Out of the 6 property
owners, 5 asked if they could be rezoned to the Central Business District (CBD) as
their uses align more closely with commercial rather than the railroad and industrial
and 1 asked to remain Light Industrial (LI).
Ms. Gagne reintroduced the Downtown Zoning Use Table for review of uses which
would and would not be appropriate, generally or without certain restrictions
throughout a zoning district but which, if controlled as to the number, area, location
or relation to the neighborhood, would promote the health, safety, and welfare of
the community. Non-conforming uses were also discussed as well as the option for
appeal and/or request extending a non-conforming use status.
Ms. Gagne reviewed the development standards with the Commission and the
recommended reduced setbacks for the Greater Downtown area proposed to help
provide greater flexibility for future development include; front, interior side and
exterior side setbacks.
Planning and Zoning 5 July 13, 2022
Additionally, Ms. Gagne reviewed the definitions section that from a land use
perspective, simplify text in the ordinance; establish the precise meaning of a word
or phrase, eliminates ambiguity; and transforms technical terms into
understandable terminology. Among those Ms. Gagne advised of the staff
recommended revisions to:
• Incorporate new definition section (Sec. 2100) for uses in Downtown Zoning Use
Table;
• Clarify terms to ensure compliance with federal case law and disability
standards;
• Terms for Removal (Sec. 2000):
o Adult Daycare Facility, Foster Care Facility, Group Homes, Halfway
House, Personal Care Home and Residential Care Facility
• Updated Terms:
o Household Care Facility and Structured Sober Living Facility
A review of the existing Downtown Land Use Plan was given along with a
corresponding map showing the existing categories and the recommended
revisions that were to consolidate the DNT-Downtown and PAR-Parks and Open
Spaces.
The last thing Ms. Gagne outlined were the next steps in the projected timeline.
After this meeting, the City Council would be given an update at the July 19th, 2022
meeting and then on the agenda for the August 16th, 2022 meeting for a public
hearing & ordinance consideration. Mr. Terry Floyd reminded the Commission this
was initiated by City Council and approved in 2019.
Chairman Cook asked if there was anyone from the public that would like to
comment. With no comments, Mr. Cook closed the public hearing at 2:31 pm and
asked for a motion to open the item for discussion. Mr. Steve Wood made the
motion with Mr. Martin seconding.
There was much discussion among the Commission with questions being asked
and answered by staff. Mr. Wood made a motion to move forward, followed by
more discussion along with questions and answers. The discussion then moved to
what options the Commission had and took council with legal staff at which time Mr.
Wood called to vote on the motion on the table. Chairman Cook called for a vote to
recommend the proposed text and boundary amendment to the Wichita Falls Code
of Ordinances. Appendix B: Zoning revising, consolidating and incorporating
sections addressing: definitions, downtown zoning district boundaries, creation of
special downtown zoning districts, downtown non-conforming use limitation and
appeal process. development regulations (setbacks) and incorporating a downtown
zoning use table: and Land Use Plan amendment to consolidate use categories in
Greater Downtown. The motion passed unanimously with a vote of 6 in favor
(David Cook, Steve Lane, Doug McCulloch, Noros Martin, Steve Wood, and
Jeremy Woodward) and 3 opposed (Michael Grassi, Blake Haney, and Wayne
Pharries).
IX. ADJOURN
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Chairman Cook adjourned the meeting at 3:16 pm.
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David Co k, C airman Date
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