Planning and Zoning Commission Minutes - 09/13/2023 MINUTES
PLANNING & ZONING COMMISSION
September 13, 2023
PRESENT:
David Cook • Chairman
Michael Grassi •Member
Doug McCulloch •Member
Matt Marrs •Member
Noros Martin •Member
Paul Mason •Alternate No.2
Mark McBurnett •SAFB Liaison
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
Christal Cates, Senior Executive Asst. • City Staff
ABSENT:
Blake Haney •Member
Steve Wood ♦Alternate No.1
Councilor Bobby 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
Ms. Cayce Wendeborn made a motion to adopt the August 9, 2023, minutes. Mr.
Jeremy Woodward seconded the motion. The motion was passed unanimously, 9-
0
VII. CONSENT AGENDA
Case P 23-13 Trophy Park, Section 5 — Final Plat
Case P 23-16 Cooper Milly Addition, Lot 1, Block 1 — Preliminary Plat
Planning and Zoning 2 September 13, 2023
Case P 23-17 Rancho Vista Place, Lots 2-5, Block 39 — Final Plat
Chairman Cook asked if there were any items that needed to be moved the regular
agenda. Mr, Medellin stated there were no items to be moved to the regular
agenda.
Ms. Cayce Wendeborn made a motion to approve the consent agenda with Mr.
Marrs seconding. The vote passed unanimously 9-0.
VIII. REGULAR AGENDA
1. Case R 23-15 — 807 N. Broadway Street:
Consider taking action on a conditional use at 807 N. Broadway Street to
allow for a limited restaurant in a Limited Commercial (LC) district.
Mr. Wayne Pharries made a motion to approve the case. Ms. Wendeborn
seconded the motion. Mr. Medellin presented the case and stated, the applicant
and owners, Ms. Lopez & Mr. Gomez had met with staff many times over the last 2
years about development of the subject property located at 807 N. Broadway Street
and what would fit the neighborhood. Ms. Lopez would like to open a Paleta shop,
translated in English means popsicle store and in Hispanic cultures are regularly
found in neighborhoods, similar to a neighborhood convenient store. Mr. Medellin
advised the Commission the reason for the proposal for a restaurant was because
Ms. Lopez would like to offer a seating area where patrons could enjoy popsicles
and other pre-packed food that would be for sale. A pre-development meeting was
held with staff and Ms. Lopez regarding her proposal, and regulations and
requirements for the use were given to Ms. Lopez. Staff also participated in a walk-
through on the subject property with the owner to advise of additional Health, Fire
and Building code requirements.
The subject property is located on the northside of Wichita Falls, northeast of
Scotland Elementary and south of the Iowa Park and Sheppard Access Road
intersection, Mr. Medellin stated the structure was currently a residential property
and that Ms. Lopez would require approval for a conditional use from the
Commission to convert the residence into a commercial structure for the business.
Mr. Medellin advised Ms. Lopez and Mr. Gomez (owner the adjacent lot 1223 North
9th Street) where the applicant intended to provide onsite parking once they had
both properties combined in the re-platting process.
Mr. Medellin displayed maps showing the subject property in a primarily residential
neighborhood zoned Single Family-2 (SF-2) except for N. Broadway Street which
was Limited Commercial (LC). Staff believe the store will be utilized by the
surrounding community and will have minimal traffic impacts. During the walk-
through with City staff, it was noted the structure would require minimal changes
needed to convert from residential to commercial use.
Staff notified 24 property owners in the surrounding 200ft. notification area and
received back a total of four responses, all in favor of this proposal. Mr. Medellin
stated after consideration of the proposed use, staff recommends approval of this
Planning and Zoning 3 September 13, 2023
Conditional Use Permit request for 807 N Broadway St. to allow for a limited
restaurant 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 eastern property line, adjacent to the residences.
Chairman Cook asked if the applicant was present and wish to make a
presentation. Mr. Medellin advised the Commission Ms. Lopez was present,
however, she only spoke Spanish and that she did not wish to make a presentation
and that he would translate if the Commission had any questions for her. Chairman
Cook asked if there were any comments from the public. With no comments Mr.
Cook asked the Commission if they had any comments or questions. Ms.
Wendeborn stated she thought it was an ideal use for that neighborhood and would
be utilized by the community. Chairman Cook asked if the adjacent lot would
provide enough parking stalls. Mr. Medellin stated it would as the minimum
requirement would be four stalls. Mr. Doug McCulloch stated he noticed a church
nearby and asked if the applicant intended on selling alcohol. Mr. Medellin stated, if
in the future the owner wanted to sell alcohol, approval would be required from the
Commission; however, certain criteria would have to be meet, including being
300ft, from a church, which this location would not met that requirement. Chairman
Cook called for a vote. The proposal passed unanimously with a vote of 9-0
IX. ADJOURN
Chairman Cook adjourned the meeting at 2:13 pm.
David Cook, C airma Date
4
,/' -')
�� 1 ,
Terry Fi(,),,,D(rector of Development Services Date