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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
AGENDA
Tuesday, March 10, 2020
After determining that a quorum is present, the Planning and Zoning Commission Meeting of the
City of Denison, Texas will convene in a Regular Meeting on Tuesday, March 10, 2020 at 10:00
AM in the Council Chambers at City Hall, 300 W. Main Street, Denison, Texas at which the
following items will be considered:
1. CALL TO ORDER
2. ROLL CALL
3. ITEMS FOR INDIVIDUAL CONSIDERATION
Citizens may speak on items listed on this agenda as Items for Individual Consideration. A
“Request to Speak Card” should be completed and returned to the City Clerk or Commission
Secretary before the Commission considers the item listed under Items for Individual
Consideration. Citizen comments on Items for Individual Consideration are limited to three (3)
minutes.
A. Receive a report, hold a discussion, and take action on the minutes from the February 25,
2020 meeting.
B. Receive a report, hold a discussion, and take action on appointing a Chair to the Planning
and Zoning Commission.
C. Receive a report, hold a discussion, and take action on appointing a Vice Chair to the
Planning and Zoning Commission.
D. Receive a report, hold a discussion, and take action on a site plan for a childcare facility,
located within the Gateway Village Planned Development, Denison Texas. (Case No.
2019-106SP)
4. PUBLIC HEARINGS
Citizens may speak on items listed on this agenda as Public Hearings. A “Request to Speak
Card” should be completed and returned to the City Clerk or Commission Secretary before
1
the Commission considers the item listed under Public Hearings. Citizen comments on public
hearings are limited to three (3) minutes.
5. STAFF UPDATES
A. Receive a report and hold a discussion of the Planning Division’s upcoming regulatory
initiatives work program involving the Subdivision and Zoning Codes and the zoning of
real property citywide.
6. ADJOURNMENT
CERTIFICATION
I do hereby certify that a copy of this Notice of Meeting was posted on the front windows of City
Hall readily accessible to the general public at all times, and posted on the City of Denison
website on the 6th day of March, 2020.
______________________________
Fanchon Stearns, Deputy City Clerk
In compliance with the Americans With Disabilities Act, the City of Denison will provide for reasonable
accommodations for persons attending Planning and Zoning Commission Meeting. To better serve you, requests
should be received 48 hours prior to the meetings. Please contact the City Clerk’s Office at 903-465-2720, Ext: 2437.
2
CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
MINUTES
Tuesday, February 25, 2020
Announce the presence of a quorum.
Commission Chair Charles Shearer called the meeting to order at 10:01 a.m. Commissioners
present were Charles Shearer, Mike Davis, Brett Evans, Mary Karam, Susan Arthur, and Spence
Redwine. Staff present were Bill Medina, Planner, Kimberly Murray, Director of Community and
Development Services, and Manjeet Ranu, Interim Planning Director.
1. CALL TO ORDER
2. ROLL CALL
3. ITEMS FOR INDIVIDUAL CONSIDERATION
Citizens may speak on items listed on this agenda as Items for Individual Consideration. A
“Request to Speak Card” should be completed and returned to the City Clerk or Commission
Secretary before the Commission considers the item listed under Items for Individual
Consideration. Citizen comments on Items for Individual Consideration are limited to three (3)
minutes.
A. Receive a report, hold a discussion, and take action on the minutes from the January 28,
2020 Planning and Zoning Commission Meeting.
Commission Action:
Staff recommended that the Commission approve the minutes.
Commissioner Mary Karam motioned to approve the item with recommended correction,
and Commissioner Brett Evans seconded. The motion carried with unanimous vote to
approve with correction.
B. Receive a report, hold a discussion, and take action on a site plan for Outdoor Power Sports
Denison located at 315 S US-75, Denison, Texas 75020. (Case No. 2019-068SP)
Commission Action:
Staff recommended Commission approval of the proposed Site Plan as submitted.
3
Planner Medina noted that the 380 Economic Development Performance Agreement has
been approved by the City Council. The Commission was presented with the proposed
location of site plan. Commission was informed that property is in the Highway Overlay
District and has been zoned Commercial. Site Plans are required to be approved by this
body. Site plan was shown, and site area exhibit presented. Also shown was landscaping,
employee and customer parking, and product display area. A tree preservation plan as well
proposal for 19 cedar and pine trees in varying from 16 inches to 19 inches in diameter.
Proposing to save Oak trees in the rear of the property to count towards landscape
requirements. Medina stated that that applicant is also electing and preceding on their own
choosing to add a slight four feet buffer between their property line and the Greenbelt so it
was counted towards their required eight percent landscaping. Additional landscaping will
be on the southern part of the property in the rear. Karam had questions on the Tree
preservation plan.
Commissioner Spence Redwine motioned to approve the proposed Site Plan for Outdoor
Power Sports, and Commissioner Evans seconded. The motion carried with unanimous
vote to approve.
C. Receive a report, hold a discussion, and take action on a Site Plan for an expanded use of
Five Star Storage, located at 3621 Pottsboro Rd., Denison, Texas 75020. (Case No. 2020-
003SP)
Commission Action:
Staff recommended Commission approval of the Site Plan for the proposed expansion of
Five Star Storage.
Property is located within the Highway Overlay and Corridor District and is currently
zoned Commercial. The item is two-part the first step would be this Site plan or view an
approval. Second would be the Conditional Use Permit because it is zoned commercial.
This causes a need for a new Conditional Use Permit for the existing site that’s in the later
item so this first one would be a roughly 16,000 square feet open air boat and RV storage
similar to what is already on site. Zoning is adjacent to the ETJ and pen air storage would
have public view. Screening is on all sides. Size and scope are consistent with what is
existing. Not visible from public right-of-way. Casey McBroom, Engineer of record with
Cross Engineering on 1720 W. Virginia Parkway, McKinney, Texas was present to speak.
Commissioner Redwine motioned to approve the proposed Site Plan expansion for Five
Star Storage, and Commissioner Evans seconded. The motion carried with unanimous vote
to approve.
4. PUBLIC HEARINGS
Citizens may speak on items listed on this agenda as Public Hearings. A “Request to Speak
Card” should be completed and returned to the City Clerk or Commission Secretary before the
Commission considers the item listed under Public Hearings. Citizen comments on public
hearings are limited to three (3) minutes.
4
A. Receive a report, hold a discussion, conduct a public hearing and make a recommendation
on a request for a Conditional Use Permit for the expanded use of a storage facility for Five
Star Storage, located at 3621 Pottsboro Rd., Denison, Texas 75020. (Case No. 2020-
002CUP)
Commission Action:
Staff recommended Commission approval of the expanded use of Conditional Use Permit.
Previous item was more associated more of a natural footprint of additional storage. Mr.
Medina shared that hours of operation would not change.
Commissioner Evans motioned to approve the request for a Conditional Use Permit for the
operation and use of a cabinet manufacturer and show room, located at 3621 Pottsboro Rd.,
and Commissioner Karam seconded. The motion carried with unanimous vote to approve.
B. Receive a report, hold a discussion, conduct a public hearing and make a recommendation
on a request for a Conditional Use Permit for the allowance for a cabinet manufacturer, for
Texoma Woodworks, LLC, located at 1611 W Morton, Denison, Texas 75020. (Case No.
2019-122CUP)
Commission Action:
Staff recommended Commission grant conditional approval of the Conditional Use
Permit for Texoma Woodworks.
Mr. Medina stated that there are no outstanding and that a revised landscape plan would be
needed. Applicant wishes to operate a showroom and manufacturing facility. Applicant has
added a fire lane along the front of property. Also, parking was initially backing out onto
Morton street but was corrected with the change to a fire lane in the front. Site will consist
of 1,500 square feet of manufacturing space, 2,500 square feet of assembly space, 2,200
square feet of retail storage, office, and bathroom space. Facility will be open from 7 a.m.
to 4 p.m. Commissioner Karam asked about the plan being final or if it would remain the
same. Planner Medina showed photos of the site’s building improvement from Code
Enforcement Manager. Commissioner Evans asked whether the building on the west is a
part of the site or a separate building. Medina shared that the use would not change and
that Code Enforcement has worked with owner for site improvement. The City Council
will make decision at March 2nd meeting.
Commissioner Evans motioned to conditionally approve the proposed Conditional Use
Permit, and Commissioner Redwine seconded. The motion carried with unanimous vote to
conditionally approve.
STAFF UPDATES
Kimberly Murray shared information with Commission on what is going on in Planning &
Zoning. The is currently work being done to overhaul zoning and send out RFP. – potential
5
cost. Has spoken to firms – will inform address challenging issues housing choosing
graphically interesting –
Fencing and dumpster will be a point of focus. Side of fence facing public view corner lots.
Lenient on corner lot fencing. Move towards front load dumpster. Oversee CDBG – update
five-year consolidated plan and scope of work. Application – HB3167 Plan on how to
utilize funds will be completed by the end of summer. Formalizing application process.
The ability to auto approve applicant and improve communications will have a significant
impact. Examples of unique infrastructure challenges are overlay districts, graphically
interesting construction and design standards and back to Public Works. Another challenge
is meeting the required Quorum and increase the number of Board alternates. The current
Ordinance language is that five of five members are required for a Quorum. Would change
language to three of five for a Quorum.
There being no further business to come before the Commission, Redwine motioned to adjourn,
Commissioner Karam seconded. The meeting adjourned at 10:29 a.m.
____________________________________
CHARLES SHEARER, Commission Chair
Attest:
_______________________________
Fanchon Stearns, Deputy City Clerk
6
Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, and take action on a site plan for a childcare facility, located within
the Gateway Village Planned Development, Denison Texas. (Case No. 2019-106SP)
Staff Contact
Bill Medina, Planner
bmedina@cityofdenison.com
903-647-5566
Summary
The applicant is requesting the approval of a site plan for a childcare facility.
The property is currently zoned as a Planned Development and located within the Highway
Oriented and Corridor district.
Staff recommends approval.
Staff Recommendation
Staff recommends approval of the site plan.
Recommended Motion
"I move to approve the proposed site plan for Mudpies and Lullabies.”
Background Information and Analysis
Mudpies and Lullabies is a successful childcare facility with three other location in the North Texas
Region; this includes facilities in Anna, Melissa, and Celina. After the replat of Lot 5 Gateway West
Phase 2 was approved by the Planning and Zoning Commission during the November 2019 P&Z
meeting, City staff continued to work with representatives from Mudpies and Lullabies. On November
20th, 2019, staff met with the applicant and provided feedback on the proposed expansion and was able
to clarify a roadmap for moving forward. This included the submittal of a site plan, elevations,
landscaping, utility, and drainage plans. Based on reviewed material, the developer is proposing a
7,140 sqft masonry childcare facility, with the capacity to serve 150-160 children.
A childcare facility is allowed in this segment of the Gateway Village Planned Development.
Additionally, the 2018 Comprehensive plan states this are to be engaged in a mixed commercial use.
City staff believes that the proposed land use is appropriate for current and future area development.
No negative traffic impact are anticipated from this project.
Building locations and footprints - The proposed project consists of 7,140 sqft, located on a 1-acre
lot. The layout, screening, and configuration of the facility should promote child welfare and ease of
vehicular congestion.
The Site Plan standards of approval, as listed in 28.13.16. are as follows:
7
1. Conformance with the zoning ordinance and other applicable regulations and previously approved,
valid plans for the property.
As this project is located within Commercial and the Highway Oriented and Corridor Districts, the
proposed use and site plan is compliant with the Zoning Ordinance.
2. The design and location of off-street parking and loading facilities to ensure that all such spaces are
usable and are safely and conveniently arranged.
Off-street parking requirements are adequately met on the proposed site plan. A total of 39 spaces are
provided, which exceeds the parking requirement by 13 additional spaces. Parking space number 1 will
be designated for employee/staff members as to reduce traffic congestion.
3. The width, grade and location of street designed to accommodate prospective traffic and to provide
access for firefighting and emergency equipment to buildings.
The proposed layout of parking and driveways will not impede the internal circulation of traffic.
4. The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement
or activities from adjacent properties when necessary, and to complement the design and location of
buildings and be integrated into the overall site design.
The applicant is proposing a wood privacy fence along the Western part of the project site. The
proposed screening, in addition to proposed landscaping, will serve as a visual and noise buffer
between adjacent properties and traffic, and the child care operations.
The applicant is also proposing to preserve and build around a 36” caliper Oak Tree, which is counted
toward landscaping requirements.
5. The location, size and configuration of open space areas to insure they are suitable for intended
recreation and conservation uses.
The applicant is proposing to reserve approximately 2,500 sqft for outdoor recreation.
6. The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other utilities
necessary for essential services to residents and occupants.
Streets, water, drainage, sewerage facilities and other utility/infrastructure needs can be met at the
proposed site.
7. Consistency with the comprehensive plan.
The project’s location and use, this project is consistent with the 2018 Comprehensive Plan and the
future land use plan.
Financial Considerations
N/A
Prior Board or Council Action
8
None
Alternatives
The Planning and Zoning Commission may table the site plan request.
The planning and Zoning Commission may approve the site plan.
The Planning and Zoning Commission may approve the site plan with conditions.
9
City of Denison Planning and Zoning Commission Case Number 2019-0106SP | Mudpies and Lullabies
Tuesday, March 10th, 2020
Case Number: 2019-0106SP
Site Plan
¯
10
City of Denison Planning and Zoning Commission Case Number 2019-0106SP | Mudpies and Lullabies
Tuesday, March 10th, 2020
Zoning Map
Zoning Type: Planned Development
11
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14
Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report and hold a discussion of the Planning Division’s upcoming regulatory initiatives work
program involving the Subdivision and Zoning Codes and the zoning of real property citywide.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
Mranu@cityofdenison.com
903-465-2720
Summary
A preview of the Planning Division’s upcoming regulatory initiatives work program regarding the
Subdivision and Zoning Codes and future re-zonings for consistency with the 2018 Comprehensive
Plan.
Staff Recommendation
Receive and file this information item and provide feedback.
Recommended Motion
Not applicable.
Background Information and Analysis
This is an information item to preview components of the Planning Division’s upcoming work program
and receive feedback from the Commission regarding these regulatory initiatives.
Short-term code amendments. City staff has identified several issue-specific, near term
amendments to the Zoning Code, which are proposed to be provided to the Commission at a
regular spring meeting. These amendments address immediate needs regarding fencing height and
quality; applicability of trash enclosure requirements citywide; regulating grading; aligning the
Commission quorum with state law; and definition of when an application is deemed “filed.”
Long term comprehensive code update. Based on the City Council’s adopted budget, staff is
preparing a Request for Proposals to comprehensively update the Subdivision and Zoning Codes as
a unified land use code, to align with the 2018 Comprehensive Plan and otherwise modernize the
City’s land use regulations.
Future new zoning districts and re-zonings. As part of implementing the 2018 Comprehensive
Plan and future, new unified land use code, new zoning districts will be prepared to reflect a
modern code needed to facilitate Denison’s continuing progress forward. Re-zonings would be
undertaken to align with the Comprehensive Plan and new unified land use code.
Interim urban design guidelines. Staff is exploring the feasibility of interim design guidelines
while awaiting the completion of a new unified land use code. Should staff find it feasible, these
code amendments will be brought to the Commission for consideration at a regular spring meeting.
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The City needs to update its Subdivision and Zoning codes into a comprehensive, integrated land use
code with correspondingly updated zoning districts to be consistent with the 2018 Comprehensive Plan
and enable Denison to move forward. The current codes cannot result in the City effectively
advancing its vision and are in fact routinely hindering its advancement because the regulations are
inconsistent with the Comprehensive Plan; do not align with best practices for modern land use codes;
contain development standards that stifle investment and creativity; and do not address urban design
quality effectively. Furthermore, the codes emphasize single family housing on relatively large lots,
which inhibits housing diversity and exacerbates inequality by indirectly excluding those who do not
want or cannot obtain a single family detached house. The codes also emphasize automobile-oriented
commercial uses, which limit opportunities for walking, cycling and rolling. This has a negative
impact on socialization opportunities and public health by prioritizing one travel mode above all
others.
Texas Local Government Code Section 213.002 (c) allows a city to define the relationship between its
comprehensive plan and land use regulations by charter or ordinance. Denison’s charter is silent on
this matter. Denison Municipal Code Section 17-26 adopted the 2018 Comprehensive Plan by
reference via ordinance into the City’s code of ordinances, giving it the effect of law. The 2018
Comprehensive Plan provides guidance that the City should update its land use regulations to support
the Plan. As such, the City’s land use regulations need to be updated to be consistent with the Plan.
Financial Considerations
These regulatory initiatives were included in the adopted City budget and involve both staff time and
professional services. The work program and its fiscal impact will occur over two fiscal years. City
Council approval of a professional services contract to update the City’s land use codes is required.
Prior Commission or Council Action
None
Alternatives
The Commission could recommend that amendments, a comprehensive Land Use Code update and re-
zonings not be undertaken. This alternative is not recommended because the existing codes and zoning
would remain inconsistent with the Comprehensive Plan.
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