Planning and Zoning Commission Minutes - 04/12/2023 MINUTES
PLANNING & ZONING COMMISSION
April 12, 2023
PRESENT:
David Cook • Chairman
Michael Grassi • Member
Blake Haney ♦ Member
Mark McBurnett • SAFB Liaison
Doug McCulloch • Member
Matt Marrs • Member
Noros Martin • Member
Paul Mason ♦Alternate No. 2
Wayne Pharries • Member
Cayce Wendeborn • Member
Jeremy Woodward • Vice-Chair
James McKechnie, Deputy City Attorney • City Staff
Terry Floyd, Development Services Director • City Staff
Fabian Medellin, Planning Manager • City Staff
Cedric Hu, Planning Technician • City Staff
Christal Cates, Senior Executive Assist. ♦ City Staff
ABSENT:
Steve Wood • Alternate No.1
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:
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. Jeremy Woodward made a motion to adopt the March 8, 2023, minutes. Mr.
Noros Martin seconded the motion. The motion was passed unanimously, 9-0
VII. REGULAR AGENDA
1. Case C 23-04 — '922 Indiana Avenue:
Planning and Zoning 2 April 12, 2023
Consider taking action on a conditional use at 922 Indiana Avenue to allow
for an indoor amusement use in a Central Business District (CBD) zoning
district.
Applicant: Jeremiah Sutherland
It is noted Mr. Jeremy Woodward recused himself from voting on this case.
Ms. Casey Wendeborn made a motion to approve the case. Mr. Marrs seconded
the motion. Mr. Medellin presented the case and stated, staff had previously met
with the applicant, Mr. Jeremiah Sutherland, and the property owner, Mr. Dane
Rodriguez, for a pre-development meeting to determine if the proposed use aligned
with the indoor amusement description. The use classification for the Greater
Downtown area has 29 uses within the Amusement and Recreation section,
including a driving range. However, the proposed usage differs from a traditional
driving range due to the simulated gameplay, and the space needed for multiple
users is far less.
Mr. Medellin stated the subject property was located downtown, between 9th and
10th Street in the Central Business District (CBD) zoning district. The structure is 2-
story with a basement. The proposal is only for use of the 1st floor only, that will
provide 7,500sf to house the Golf Factory. Mr. Medellin advised the property was
surrounded with other indoor amusement areas along with retail uses. It was noted
staff believes traffic would be the only impact with the indoor amusement use.
Staff notified 21 property owners within 200sf. of the subject property and received
2 responses in return, both in favor of this proposal. With all potential impacts taken
into consideration, staff recommended the approval of the proposed indoor
amusement use at 922 Indiana Ave. subject to the following condition:
1. The development 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. The applicant and owners were
present, but wished not to present anything. Chairman Cook asked if there were
any comments from the public, no comments. Chairman Cook asked if there were
any questions from the Commission There were no comments from the
Commission. Mr. Cook called for a vote and the motion passed unanimously 9-0.
2. Case C 23-05 — 1203 Indiana Avenue:
Consider taking action on a conditional use at 1203 Indiana Avenue to
allow for the expansion of a non-conforming use in a Light Industrial (LI)
zoning district.
Applicant: Syd Litteken
Ms. Wendeborn made a motion to approve the case. Mr. Woodward seconded the
motion. Mr. Medellin presented the case and stated. staff had previously met with
Planning and Zoning 3 April 12, 2023
Syd Litteken and staff along with the property owner, Ms. Christina Rodriguez, who
also owns and operates the Stone Palace, adjacent to the subject property. During
the pre-development meeting, Ms. Rodriguez stated she wanted to expand her
business and create a 2nd venue using the vacant adjacent space next to the Stone
Palace.
The subject property is located in between 12th and 13th Street inside of the Light
Industrial (LI) zoning district which does not allow for dance halls. However, City
ordinance does allow for the expansion of non-conforming uses with a conditional
use approval from the Commission. Currently, Ms. Rodriguez owns 1211 Indiana,
that houses the Stone Palace, 1205 Indiana, which is an operating thrift store, as
well as 1203 and 1201 Indiana that are both being used as storage. Mr. Medellin
stated the ordinance that allowed for the expansion does stated that the expansion
must all be on the same tract of land. Since Ms. Rodriguez owns all properties, she
would be able to move forward with the expansion with approval from the
Commission. Mr. Medellin stated the property was adjacent to
warehouse/distributors; parking lots; self-storage; and office spaces.
Staff notified 13 surrounding property owners and received one response in return
that was opposed. No reason was given on the opposition, however, staff tried to
contact the respondent with no success. Taking into consideration the nature of the
site and the proposed use, staff have determined the impacts to adjacent
properties to be minimal and believes this would benefit the downtown area.
Staff recommended approval of a conditional use to allow for the expansion of the
nonconforming land use of a dance hall in the Light Industrial - Downtown zoning
district with the following conditions.
1 . The subject property 1203 Indiana Ave. (N20 ft Lot 9, S20 ft Lot 10, Block
211, Original Town) must be platted with the existing nonconforming use,
dance hall, located at 1211 Indiana Ave. (N1/2 Lot 7 all of Lot 8, Block
211, Original Town).
2. Any future proposed expansions beyond the proposed 3,175 sf be subject
to the conditional use permit process.
3. The development 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, the applicant was present, but
did not wish to present. Chairman Cook asked if there were any comments from the
public, no comments. Chairman Cook asked if there were any questions from the
Commission There were no comments from the Commission. Mr. Cook called for a
vote and the motion passed unanimously 9-0.
3. Case C 23-06 — 726 Scott Avenue, Suite 300
Planning and Zoning 4 April 12, 2023
Consider taking action on a conditional use at 726 Scott Avenue, Suite 300
to allow for a convenience store (no gasoline sales) in a Central Business
District (CBD) zoning district.
Applicant: Md Shipon Khan
Ms. Wendeborn made a motion to approve the case. Mr. Matt Marrs seconded the
motion. Mr. Cedric Hu presented the case and stated, staff had previously meet
with the applicant, Mr. Khan and his proposal to convert a former barber shop into a
convenience store. During the meeting the applicant was advised of the zoning
district the property lies in and the need for a conditional use permit to allow for the
use.
Mr. Hu stated the subject property was located northwest of the Scott Avenue and
8th Street intersection surrounded by a mix of uses downtown, including parking
lots; offices; retail and a park. The suite is located inside the Petroleum Building,
which is a designated National Landmark. It was noted any exterior alterations or
additions, including signage, would require approval through the Department of
Interior as well as review and recommendations through the City of Wichita Falls
Landmark Commission.
Mr. Hu stated staff had notified 18 property owners surrounding the subject
property and had received 3 responses, all in favor of the proposal. After
consideration of the proposed use, staff recommended approval of the Conditional
Use Permit request for 726 Scott Ave., Ste. 300 to allow for a convenience store in
the Central Business District (CBD) 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. Prior to initiating operations all developmental requirements, conditions,
permits and licensing shall be reviewed, approved, constructed and
inspected.
Chairman Cook asked if the applicant was present, the applicant was present, but
did not wish to present. Chairman Cook asked if there were any comments from the
public, no comments. Chairman Cook asked if there were any questions from the
Commission There were no comments from the Commission. Mr. Cook called for a
vote and the motion passed unanimously 9-0.
VIII. OTHER BUSINESS
Planning and Zoning 5 April 12, 2023
Mr. Medellin gave an update to the Commission on case R 23-02 2901 City View
Drive, stating the recommended rezone was approved by City Council to rezone
from Light Industrial (LI) to Single Family-1 (SF-1).
IX. ADJOURN
Chairman Cook adjourned the meeting at 2:20 p.m.
.5/70/23
e odward, Vice Chairman Date
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Terry Floy irector of Development Services Date