city of denison planning and zoning ......morgan. commissioner karam asked how big the back yards...
TRANSCRIPT
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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
AGENDA
Tuesday, January 12, 2021
After determining that a quorum is present, the Planning and Zoning Commission of the City of
Denison, Texas will convene in a Regular Meeting on Tuesday, January 12, 2021 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. PUBLIC COMMENT
Citizens may speak on items listed on the Agenda. A “Request to Speak Card” should be
completed and returned to the City Clerk prior to the Commission reaching the Public Comment
section of the agenda. Citizen comments are limited to three (3) minutes, unless otherwise
required by law. Comments related to Public Hearings listed below will be heard when the
specific hearing is called.
4. 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 November 24,
2020 Meeting.
B. Receive a report, hold a discussion, and take action on the Minutes from the December 8,
2020 Meeting.
5. 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
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Commission considers the item listed under Public Hearings. Citizen comments on public
hearings are limited to three (3) minutes.
A. Receive a report, hold a discussion, conduction a public hearing, and take action on a replat of Lot 1, Thorpe Subdivision and adjoining tracts to the East, to be known as the
Lot 1, Block A Closets and Garages Addition. Case No. 2020-063RP
B. Receive a report, hold a discussion, conduct public hearing, and make a recommendation
on a request for approval of the initial zoning of 2.7 acres, more or less, located along
Cathey Drive, Denison Texas, Property ID: 395565 to Single Family-5 Zoning District.
Case No. 2020-126A.
C. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request for approval of a rezone of 2630 Randell Lake Road,
Denison Texas, from Light Industrial so that the entire property is zoned Agricultural.
(Case No. 2020-132Z)
D. Receive a report, hold a discussion, conduct public hearing, and make a recommendation
on a request for approval of the initial zoning of 46 acres, more or less, located at 7350
FM 1417, Denison Texas, Property ID: 113720 to Light Industrial Zoning District. Case
No. 2020-140A.
E. Receive a report, hold a discussion, conduct public hearing, and make a recommendation
on a request for approval of the initial zoning of 10 acres, more or less, located at 7102
FM 1417, Denison Texas, Property ID: 113727 to Agricultural Zoning District. Case No.
2020-140A.
6. STAFF UPDATES
A. Receive a report from the Neighborhood Services Manager regarding Code Compliance
projects and priorities.
B. Receive a report and hold a discussion regarding recent City Council action on Planning
& Zoning cases.
7. 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 8th day of January 2021.
______________________________
Fanchon Stearns, Deputy City Clerk
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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.
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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
AGENDA
Tuesday, November 24, 2020
1. CALL TO ORDER
The meeting was called to order at 10:02am.
2. ROLL CALL
Commission present were Chair Charlie Shearer, Spence Redwine, Mary Karam, and Alternate
Commissioner Mike Davis.
Staff present were Senior Planner Bill Medina, Community and Development Services
Management Assistant Felecia Winfrey, and Deputy City Clerk Fanchon Stearns.
3. PUBLIC COMMENT
No requests for Public Comment were received.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report, hold a discussion, and take action on the Minutes from the November 10,
2020 Meeting.
Commission Action
On motion by Commissioner Karam, seconded by Commissioner Arthur, the motion to
approve the Minutes as presented carried unanimously.
B. Receive a report, hold a discussion, and take action on the 2021 meeting dates for the
Planning and Zoning Commission.
Commission Action
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Mr. Medina explained that only one meeting was scheduled the months of November and
December. Chair Shearer verified that if a meeting is not necessary, it will be canceled.
Mr. Medina confirmed.
On motion by Commissioner Karam, seconded by Commissioner Arthur, the motion to
approve the calendar dates as stated carried unanimously.
5. PUBLIC HEARINGS
A. Receive a report, hold a discussion, and make a recommendation on a request for
approval of a rezone of 410 Mirick, Denison Texas, from Local Retail so that the entire
property is zoned Multifamily-1. (Case No. 2020-119Z))
Commission Action
Mr. Medina stated that the property is near Forrest Park in a predominately residential
neighborhood. He said that while some Retail along Mirick is appropriate, Residential is
a good land use. The planned quadplex would need a Conditional Use Permit in the
Multifamily-1 zoning, but the rezone is the first step. The property had been replatted in
2017 creating 1 contiguous lot with enough room for the quadplex. Staff met with the
applicant to be more traffic friendly on the busier Mirick Avenue and do some additional
landscaping. Additional details would be discussed in the next item.
Chair Shearer opened the Public Hearing. The owner and developer, Joseph Mihm, 1721
South Mirick, said he thought the property was already zoned Multifamily-1. He said he
had additional comments that would be heard on the next item, and that there were several
other multifamily units in the area. There being no additional comments, the Public Hearing
was closed.
On motion by Commissioner Davis, seconded by Commissioner Karam, the motion to
recommend approval of the Ordinance changing the zoning of the subject property from
Local Retail so that the entire property is zoned Multifamily-1 carried unanimously.
B. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request for approval of a Conditional Use Permit for a quadplex
located at 410 South Mirick, Denison Texas. (Case No. 2020-120CUP)
Commission Action
Mr. Medina explained that the lot was a wide double lot, and the application would
preserve several of the trees in the rear of the property. Parking would be along Morgan
Street with a concrete walk to the front door of each of the 4 units. They would have their
own fenced in back yard. Staff had requested that the front façade be broken up,
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including different siding for the front porch, additional windows, shutters, and door
placement.
Chair Shearer opened the Public Hearing. Joseph Mihm, owner and developer, 1721 South
Mirick Avenue, said he was in favor of the development. He reiterated that a couple of the
trees would be preserved, including a gingko biloba and pecan tree. He said the sidewalk
on Mirick would be redone and one installed along Morgan Street. There would be two
parking spaces for each 1,100 square foot unit. Each unit would have 3 bedrooms & 2
bathrooms, with 40-year shingles and hardboard lap siding. Cedar posts, shutters, and
backyard fences would also be installed. Mr. Mihm said the setbacks are all met, and the
lot dimensions are ample enough for the project. The Commission verified how many
parking spaces would be provided. Mr. Mihm said there were 9 parking spaces total on
Morgan. Commissioner Karam asked how big the back yards were. Mr. Mihm said they
would be 27.5 feet wide by 41 feet, and each unit would have a front and back porch. There
being no additional comments, the Public Hearing was closed.
On motion by Commission Redwine, seconded by Commissioner Arthur, the motion to
recommend approval of the request for a Conditional Use Permit to construct and operate
a quadplex at the subject property, pending final legal review carried unanimously.
Chair Shearer noted that when the project was first submitted, there had been concerns. He
said that Mr. Mihm had been receptive and addressed those items, and Chair Shearer
thanked him for that.
C. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on amendments to the zoning Ordinance, Chapter 28, updating Section
28.49 Use Regulations and Section 28.63.1 Definitions, regarding Amusement,
Commercial (Indoor) and Amusement, Commercial (Outdoor).
Commission Action
Mr. Medina said the proposed changes would allow for Indoor and Outdoor Amusement
Venues to operate with a Conditional Use Permit, or CUP, in the Downtown Central Area
Zoning District. As the area continues revitalization efforts, the updated code would create
a pathway forward for non-traditional and different types of uses. Amusement Services are
not allowed in the Central Area District at all at this time. The first change would allow
them with a CUP. Through that process, the Commission and Council could scrutinize the
project and verify that parking, traffic, noise, and more would be appropriate for the space.
He said the second change would be to update the definitions of Indoor and Outdoor
Amusement to include “with or without alcohol sales,” clearly state that a CUP is
necessary, and include axe–throwing in the examples.
Chair Shearer opened the Public Hearing. Mike Roberts, the owner of The Horse’s Axe,
said he was in favor as it would be a draw in the downtown area. He said axe throwing is
a destination activity, and that many axe throwing venues are in warehouses. Having it in
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a downtown area would attract customers and other businesses. There being no additional
comment, the Public Hearing was closed. Commissioner Karam asked about a pool hall
that had previously been denied, and if this would be covered under Amusement. Mr.
Medina said that billiards hall was already on the Use Table, and any other use that if
businesses that come in that fall under a more specific use, they would be classified as
such. The Amusement is to catch items that do not fit into other categories. If the type of
use is completely different, the use table could be updated in the future. Chair Shearer
asked if there would be food sales with this definition. Mr. Medina said it would not, but it
could be ancillary use and if it did not overtake the primary use and met Building
Department standards. Restaurants are allowed in the Central Area District, so there would
be no conflict in this case. Chair Shearer said the CUP process was imperative to keep
quality uses in Downtown, and Amusement services would be critical to Downtown. He
said he did not want to see businesses that were only selling alcohol as a bar as it would
detract from the family friendly atmosphere of the Central Area District. If a business were
to do that, the CUP could be revoked. There being no additional comment, the Public
Hearing was closed.
On motion by Commissioner Karam, seconded by Commissioner Arthur, the motion to
recommend approval of the proposed amendments to the Denison Municipal Code Chapter
28 carried unanimously.
D. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request for approval of a Conditional Use Permit for an
Amusement, Commercial (Indoor) venue with Alcohol Sales for The Horse’s Axe located
at 131 West Main Street. Denison, Texas 75020. (Case No. 2020-117CUP)
Commission Action
Mr. Medina stated that the proposed use was appropriate for the district. The Historic
Preservation Board issued a Certificate of Appropriateness to reopen windows on both
stories, with a door being reopened on Austin Avenue. Window bars had been removed.
The second story will be renovated into lofts. The axe throwing lanes are across from the
bar, and the applicant explained that beer and wine will be the only alcohol sold, and axe
throwing patrons will be limited to 2 drinks per hour. Mr. Medina said this may help keep
the business into steamrolling into a bar per Chair Shearer’s concerns expressed in the
previous item. Mr. Medina strongly commended the applicant in pursuing the new type
of business Downtown despite COVID and other circumstances.
Commissioner Karam asked if the door on Austin was public access and stated that the
sidewalk is very narrow. The applicant said the sidewalk was wider than it appeared. He
said that when Main Street is redone, it will serve as access. Commissioner Karam said
she was concerned because 18-wheelers frequent Austin and that could be an issue with a
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narrow sidewalk and tipsy patrons. The applicant said the door would be also be recessed
several feet keeping entering and exiting customers off the sidewalk.
On motion by Commissioner Arthur, seconded by Commissioner Redwine, the motion to
recommend approval of the request for a Conditional Use Permit for the Horse’s Axe
Amusement, Commercial (Indoor) with Alcohol Sales at the subject property, pending
final legal review carried unanimously.
E. Receive a report, hold a discussion, conduct a public hearing and make a recommendation
on a request for approval to rezone 126 West Monterey St. Denison Texas, Property ID
147307, from Local Retail Zoning District to Two-Family (Duplex) Zoning District. (Case
No. 2020-121Z)
Commission Action
Mr. Medina said that the property has a residential structure on it and the owners are
looking to sell. They have encountered issues because the zoning is Local Retail instead of
residential. The surrounding residential zoning is Two-Family, so despite being a Single-
Family home, the use would be appropriate and allowed.
Chair Shearer opened the Public Hearing. There being no comment, the Public Hearing
was closed.
On motion by Commissioner Davis, seconded by Commissioner Arthur, the motion to
recommend approval of the Ordinance to change the zoning of the subject properties from
Local Retail Zoning district to Two-Family (Duplex) Zoning District carried unanimously.
F. Receive a report, hold a discussion, and take action on a replat of Block 4 of the Denison
Improvement Company Subdivision “K”, more commonly known as 1830 S. Park Ave.
(Case No. 2020-098RP)
Commission Action
Mr. Medina explained that the proposed plat would be the Hawkins-Couchworth, and that
it meets all City standards for replatting in the Single Family 7.5 (SF 7.5) Zoning District.
He said the subject property is a flag shaped lot and is currently zoned SF 7.5. Lots 1-5
meet the width and depth requirements and have access to South Park Avenue. Public
Works verified that utilities are available. He said that while the City tries to avoid flag
lots, it is existing and will give lot 1 a long driveway to access the public right of way.
Chair Shearer asked which lot the existing home would be on. Mr. Medina verified that
the existing residential structure was on lot 2. David Couch, the applicant, said he would
be building a home on lot 1 and he had a buyer in mind and was fine with the flag lot
shape, and clarified for Chair Shearer that lot 1 also had access to Loy Lake Drive. He
said there would be a gate on the driveway per the prospective owner’s request and the
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rear of the property would look out towards the lake. Mr. Couch clarified for Chair
Shearer that the current owners would keep lot 2, lot 1 was under contract, and the
property owners intended to sell the remaining lots for development. Chair Shearer asked
if the owners or anyone else had anything to add. There being no additional Comment,
the Public Hearing was closed.
On motion by Commissioner Redwine, seconded by Commissioner Karam, the motion to
approve the proposed replat carried unanimously.
6. STAFF UPDATES
A. Receive a report and hold a discussion regarding staff and project updates.
Commission Action
There were no staff updates.
7. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:37am.
____________________________________
COMMISSION CHAIR, Charles Shearer
ATTEST
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DEPUTY CITY CLERK, Fanchon Stearns
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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
MINUTES
Tuesday, December 8, 2020
1. CALL TO ORDER
Chair Shearer called the meeting to order at 10:01am.
2. ROLL CALL
Commission Chair Charles Shearer, Vice Chair Brett Evans, Spence Redwine, Mary Karam, and
Susan Arthur were present.
Senior Planner Bill Medina, Community & Development Services Management Assistant Felica
Winfrey, and City Clerk Chris Wallentine were in attendance.
Chair Shearer explained that except for plats and site plans, the Commission was a recommending
body. Cases needing City Council approval would appear on the January 4, 2020 City Council
Meeting.
3. PUBLIC COMMENT
No requests for public comment were received.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
5. PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request for approval of a Conditional Use Permit for the expanded
use of a storage facility for Closets and Garages, located at 2901 W Morton, Denison,
Texas. (Case No. 2020-064CUP)
Commission Action
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Mr. Medina explained that the project was an expansion of an existing storage facility in
the Highway Oriented Overlay, and the base zoning is commercial. Staff recommended
approval. The vacant land to the northwest of the existing facility would be phase 2 of the
storage business. Mr. Medina explained that the applicant is working with City staff on a
site plan and a plat that will come before the Commission for approval once it is ready.
He said the applicant is collaborating with their engineer on the project and the irregular
shape of the property. The front yard setback is only 10 feet, but with the landscaping
included, staff feels it is appropriate. There is a water retention pond to the rear and a 24-
foot fire lane in the rear is what is pushing the setback closer to the street. Chair Shearer
asked for elevations, and Mr. Medina said those would be included with the site plan item
on a future agenda. David Vilbig, 517 West Woodard, Denison, TX, is the civil engineer
on the project. He said the front building will be seen off Morton and is 12 feet tall. He
said they are going with a residential look as opposed to a warehouse look. He said the
rest of the building will be standard metal buildings and roll-up doors, but that would be
screened, and this was to compensate for the decreased set-back. He said a 6-foot privacy
fence would screen the facility from the adjacent residential property, and the rear of the
units would look like the front. Chair Shearer asked if the fence would be on Morton
Street. Mr. Vilbig stated that it would not, but the fence would run along side the building
adding to the residential look from Morton. Commissioner Karam asked if there would be
two entrances. Mr. Vilbig said that yes, the site had already been graded for that and only
needed to size the detention basin and could move forward very quickly once approved.
Chair Shearer opened the Public Hearing. There being no additional comment, the Public
Hearing was closed.
On motion by Commissioner Redwine, seconded by Vice Chair Evans, the motion to
recommend approval of the request for a Conditional Use Permit of the subject property,
pending final site plan, plat, and civil engineering plan approval, carried unanimously.
B. Receive a report, hold a discussion, and take action on a replat of part of Blocks 27, 28,
29, and 34, all of Block 35 a portion of alleys within said Blocks 28 and 34 and all of the
alley within said Block 35 and a portion of streets lying adjacent to the above mentioned
Blocks as shown by the Fairmount addition to the City of Denison by plat of record in
Volume 84, Page 513, Deed Records, Grayson County, Texas, to be known as the Couch-
Sims Third Addition. (Case No. 2020-102RP)
Commission Action
Mr. Medina said the property is south of Fannin, north of Baker, and adjacent to Rice. He
said the property is zoned Single-Family 5 and is in the Infill Overlay District. The
applicant is breaking the property into lots facing South Fannin. There were some
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existing rights-of-way running down the property which were already abandoned. There
is a flood zone to the rear of the property, and their surveyor put the flood elevations on
the plat. The properties are 2 feet higher than the flood zone. The applicant is working
with Public Works to extend the water and sewer line, and one a development agreement
is finalized, the plat will be filed, pending Commission approval. The applicant, David
Couch, 919 West Murray, Denison, TX, explained that he was working on the project
with Jesse Sims, and the property had been vacant for a while. He said the flood zone is
700 feet from the top of the property. 15 lots would be created, and he thought it would
be great for the south side of town. Chair Shearer asked what the plan was for the sewer
line. Mr. Couch said that Public Works had received a bid and the City was going to
share the cost for the sewer extension. Commissioner Karam asked if any of the lots
would not be usable because of the floodplain. Mr. Couch said a 40-foot-deep house was
possible on the northernmost lot and expected a house to be built there after he sold the
property. Mr. Medina and Mr. Couch looked at the hardcopy plans and reiterated that the
top lot has about 150 feet from the property line to the flood plain. Chair Shearer noted
that most infill lots are 150 feet deep, so there is ample room for a residential structure.
Mr. Couch said the smaller image was a little deceiving as you could not see the
proportions clearly. Commissioner Karam agreed. Chair Shearer opened the Public
Hearing. There being no additional comments, the Public Hearing was closed.
On motion by Commissioner Karam, seconded by Commissioner Redwine, the motion to
approve the proposed replat pending final execution of the development agreement
creating adequate city utilities carried unanimously.
Chair Shearer explained he would recuse himself from Item 5.C. due to a conflict and left
the dais. Vice Chair Evans presided over the item.
C. Receive a report, hold a discussion, and take action on a replat of Lots 1 & 2, Block 20,
Sunnyside Addition, to be known as the My Doors, Third Addition. (Case No. 2020-
116MP)
Commission Action
Mr. Medina said the proposed replat met all city requirements and is on the corner of
Dubois and Scullin. The current zoning is Single Family 5, and the proposed plat will
take the lots facing Dubois and turning them to face Scullin, which will create an
additional lot. The applicant is currently working with Public Works staff and have
agreed to extend 100 feet of sewer and 200 feet of water on Scullin. A development
agreement is in the works and once that is finalized and cost sharing payment received,
the plat will be filed. Staff recommends approval.
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Vice Chair Evans asked if the applicant was present. Mr. Medina said he was not at this
time. The Public Hearing was opened. There being no comment, the Public Hearing was
closed.
On motion by Commissioner Arthur, seconded by Commissioner Redwine, the motion to
approve the proposed replat, pending final execution of a development agreement
creating adequate City utilities, carried unanimously.
Chair Shearer rejoined the dais.
D. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on an Ordinance amending Article III, Zoning Districts, Section 28.39,
(CA—Central Area District, Article III, Zoning Districts, Section 28.47, (CH-
Commercial Historic Overlay District), Article IV, Use Regulations, Section 28.49(Use
Regulations) And Article VI, Definitions, Section 28.63.1, Definitions to establish
regulations to define and regulate Mobile Food Units.
Commission Action
Mr. Medina explained that ordinance amendments would define mobile food units and
regulate their use, including the appropriate zoning districts, including in the Downtown
area. Mobile food vendors Downtown would require a Conditional Use Permit to allow
them to be thoroughly vetted. They would be allowed in straightforward commercial and
retail areas. He said mobile food units would be allowed to operate in local retail, office,
regional and community retail and commercial, business park, light industrial and heavy
industrial. This would allow permitted trucks to set-up on construction sites. Staff would
receive a list of places they will operate, and review. A CUP would be necessary in the
Downtown area because of the increased traffic and visibility in the Central Area District.
The existing food trucks Downtown have adequate set-up, and staff would like to see
those high standards continue. Mr. Medina said parking requirements were also updated,
and that the area around the vendor was lit but not impeding traffic and are set-up on an
improved surface. Chris Wallentine, City Clerk, has spearheaded the ordinance update,
which had not been meaningfully updated since the 1960s. The Commissioner concurred
that the field has changed significantly since that time. Vice Chair Evans asked if the 15
spaces for a single truck or 20 spaces for multiple trucks required in the Central Area
were for vendors in a parking lot. Mr. Medina said that on-street parking and nearby
public parking would be taken into consideration when counting spaces. Vice Chair
Evans said no businesses in the Central Area likely meet that criteria, but if Public
Parking and on-street parking are counted that may meet the requirement. Commissioner
Karam asked if special events would be impacted by the change. Mr. Medina said they
would to a certain extent, and that Main Street had been part of the ordinance
development. Special Events have a sperate permitting process, and there were no
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changes to the Special Events permit currently. Vice Chair Evans asked if each individual
food truck then would not be permitted, but would be covered under the Special Event
Permit? City Clerk, Chris Wallentine, said that in the Ordinance, Special Events are
excepted., however the change would be that anyone doing a Special Event would need
to have a Limited Permit. Anyone coming in for a Special Event would still need to go
through the permitting process, but it would be less expensive. She also said that the
Grayson County Health Department participated in the ordinance revision process and
are now named as a regulatory authority as they enforce the City’s health and safety
ordinances. Commissioner Karam asked if the existing food truck parks would be
grandfathered in. Ms Wallentine explained that existing food trucks already set-up as a
use can come back and update their permit with additional sites if they wish to, or that
can be added at the time of renewal. Commissioner Karam said it sounds like this would
add some flexibility for the vendors. Ms Wallentine said that the site-specific nature of
the current ordinance was one of the biggest complaints staff receives from the vendors.
The fee covers only one site, where in the future, it will cover all sites included in the
application and save them money. Chair Shearer opened the Public Hearing. There being
no additional comment, the Public Hearing was closed.
On motion by Vice Chair Evans, seconded by Commissioner Arthur, the motion to
recommend approval of the proposed amendments to the Denison Municipal Code
Chapter 28 carried unanimously.
6. STAFF UPDATES
Mr. Medina shared that John Webb would be joining Team Denison as Executive Director
of Planning and Community Development in January. Mr. Webb will oversee Planning &
Zoning; Building, Permitting, & Inspections; and Neighborhood Services, including Code
Compliance and Animal Services. He comes to Denison from Prosper. Chair Shearer
shared that he had met with Mr. Webb and felt he would be an asset to the Team.
Commissioner Karam shared the sentiment, and that he had experience in quickly growing
and redeveloping municipalities.
7. ADJOURNMENT
There being nothing more to come before the Commission, the meting adjourned at 10:33am.
____________________________________
COMMISSION CHAIR, Charles Shearer
ATTEST
____________________________________
DEPUTY CITY CLERK, Fanchon Stearns
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Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduction a public hearing, and take action on a replat of Lot 1,
Thorpe Subdivision and adjoining tracts to the East, to be known as the Lot 1, Block A Closets and
Garages Addition. Case No. 2020-063RP
Staff Contact
Bill Medina, Senior Planner
903-465-2720
Summary
The applicant is requesting approval of a replat to be known as the Closets and Garages Addition.
The proposed replat meets all City of Denison requirements.
The proposed plat is a requirement of further site development.
Staff Recommendation
Staff recommends approval of the replat.
Recommended Motion
"I move to approve the proposed replat, pending final engineering and site plan approval.”
Background Information and Analysis
The proposed replat is a component of a larger site development which consists of the expansion of an
existing self-storage facility. On January 4th, 2021, the Denison City Council conditionally approved a
Conditional Use Permit, pending final plat, site plan, and engineering approval. In addition to creating
a contiguous lot for development, The Closets and Garages Addition dedicates adequate fire lane and
drainage easements.
City staff has reviewed the proposed replat and has determined that it meets all City of Denison
requirements. Staff continues to work closely with the developer on the site plan and civil engineering
plans. It is anticipated that Staff will obtain the first set of revised site plan and civil engineering plans
within 1-2 weeks. Due to the project’s location within the Highway Overlay, the site plan requires
Planning and Zoning Commission approval.
Financial Considerations
N/A
Prior Board or Council Action
N/A
Alternatives
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The Commission may table, deny, or conditionally approve the replat.
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Planning and Zoning Commission Case Number 2020-063RP
Tuesday January 12th , 2020
Case Number: 2020-063RP
Zoning: Commercial
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Planning and Zoning Commission Case Number 2020-063RP
Tuesday January 12th , 2020
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FIELD NOTES
Page 1 of 2
Lot 1, Block AClosets and Garages Addition
to theCity of Denison
2.024 Acresin the
L.C. Alexander SurveyAbstract No. 41
Denison, Texas 750202821 W. Morton Street
Owner:Gold Coast Investments, LLC
Page 2 of 2
(being a Replat of Lot 1, Thorpe Subdivisionand adjoining tracts to the East)
Grayson County, Texas Lot 1, Block AClosets and Garages Addition
to theCity of Denison, Grayson County, Texas
2.024 Acresin the
L.C. Alexander Survey, Abstract No. 41
(being a Replat of Lot 1, Thorpe Subdivisionand adjoining tracts to the East)
Revision Date: December 15, 2020
AutoCAD SHX TextNorth
AutoCAD SHX TextLot 1
AutoCAD SHX TextMorton Street
AutoCAD SHX TextBlock 4
AutoCAD SHX TextP.O.B.
AutoCAD SHX TextL.C. Alexander Survey Abstract No. 41 City of Denison Grayson County, Texas
AutoCAD SHX Textpoint bears N27°54'09'W, 0.70' from a 1/2" rebar found "bent"
AutoCAD SHX Textchainlink fence corner post
AutoCAD SHX Text1/2" rebar found
AutoCAD SHX Text1/2" rebar found
AutoCAD SHX Text1/2" rebar found
AutoCAD SHX Text2.024 Acres 88,155 sq. ft.
AutoCAD SHX Textpass 3/4" pipe found at 105.69'
AutoCAD SHX TextGold Coast Investments, LLC 2.800 Acres in Vol. 4358, Pg. 542 O.P.R.G.C.T.
AutoCAD SHX TextRussell E. Sweeney & Sonja R. Sweeney 3-55/100 Acres in Vol. 1699, Pg. 853 D.R.G.C.T.
AutoCAD SHX TextDavid R. Debusk 0.30 Acres in Vol. 4528, Pg. 490 O.P.R.G.C.T.
AutoCAD SHX TextSaul W. Tobar "Lot 1 & East 45 ft. of Lot 2" & 0.04 ac. tract East of lots in Vol. 5542, Pg. 864, O.P.R.G.C.T.
AutoCAD SHX Text24' firelane easement per this plat
AutoCAD SHX Textdetention easement per this plat
AutoCAD SHX Texta public street - 100' wide right-of-way per Vol. 341, Pg. 453 and Vol. 409, Pg. 407 25' wide conc. paving
AutoCAD SHX TextR & M Properties 0.22 acres (Lot 6 and part of Lots 7 & 8) Vol. 4526, Pg. 251 O.P.R.G.C.T.
AutoCAD SHX TextTerri Walker "Lot 5 and West 8 ft. of Lot 4" Vol. 4793, Pg. 925 O.P.R.G.C.T.
AutoCAD SHX TextPeggy L. Kay 0.125 Acres (part of Lots 3 & 4) Vol. 5155, Pg. 119 O.P.R.G.C.T.
AutoCAD SHX TextRalph W. Martin & Margaret C. Martin "part of Lots 2 & 3" Vol. 1147, Pg. 400 D.R.G.C.T.
AutoCAD SHX TextWitten's Addition City of Denison, Texas Vol. 291, Pg. 614, D.R.G.C.T.
AutoCAD SHX TextBlock A
AutoCAD SHX TextBearing Base: Grid North, NAD83 Texas State Plane Coordinate System, North Central Zone, as derived by survey-grade Global Positioning System.
AutoCAD SHX TextC11
AutoCAD SHX TextC12
AutoCAD SHX TextC13
AutoCAD SHX TextC14
AutoCAD SHX TextC15
AutoCAD SHX TextC16
AutoCAD SHX TextC17
AutoCAD SHX TextFirelane Curve Table
AutoCAD SHX TextCurve #
AutoCAD SHX TextC1
AutoCAD SHX TextC2
AutoCAD SHX TextC3
AutoCAD SHX TextC4
AutoCAD SHX TextC5
AutoCAD SHX TextC6
AutoCAD SHX TextC7
AutoCAD SHX TextC8
AutoCAD SHX TextC9
AutoCAD SHX TextC10
AutoCAD SHX TextC11
AutoCAD SHX TextC12
AutoCAD SHX TextC13
AutoCAD SHX TextC14
AutoCAD SHX TextC15
AutoCAD SHX TextC16
AutoCAD SHX TextC17
AutoCAD SHX TextLength
AutoCAD SHX Text44.50'
AutoCAD SHX Text13.94'
AutoCAD SHX Text31.55'
AutoCAD SHX Text69.12'
AutoCAD SHX Text67.36'
AutoCAD SHX Text18.60'
AutoCAD SHX Text31.59'
AutoCAD SHX Text10.97'
AutoCAD SHX Text33.42'
AutoCAD SHX Text33.30'
AutoCAD SHX Text30.71'
AutoCAD SHX Text13.99'
AutoCAD SHX Text44.60'
AutoCAD SHX Text31.42'
AutoCAD SHX Text30.62'
AutoCAD SHX Text49.29'
AutoCAD SHX Text14.34'
AutoCAD SHX TextRadius
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text44.00'
AutoCAD SHX Text44.00'
AutoCAD SHX Text44.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text44.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text44.00'
AutoCAD SHX Text44.07'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX Text20.00'
AutoCAD SHX TextDelta
AutoCAD SHX Text127°28'30"
AutoCAD SHX Text39°56'11"
AutoCAD SHX Text41°04'51"
AutoCAD SHX Text90°00'00"
AutoCAD SHX Text87°42'53"
AutoCAD SHX Text53°16'31"
AutoCAD SHX Text41°08'13"
AutoCAD SHX Text31°25'39"
AutoCAD SHX Text43°31'21"
AutoCAD SHX Text43°17'56"
AutoCAD SHX Text87°58'13"
AutoCAD SHX Text40°04'05"
AutoCAD SHX Text127°45'24"
AutoCAD SHX Text90°00'04"
AutoCAD SHX Text87°42'54"
AutoCAD SHX Text141°12'27"
AutoCAD SHX Text41°04'54"
AutoCAD SHX TextChord
AutoCAD SHX TextN14°21'25"W, 35.87'
AutoCAD SHX TextS58°07'35"E, 13.66'
AutoCAD SHX TextS17°37'14"E, 30.88'
AutoCAD SHX TextS47°55'08"W, 62.23'
AutoCAD SHX TextN43°13'25"W, 60.97'
AutoCAD SHX TextS26°00'11"E, 17.93'
AutoCAD SHX TextN32°04'20"W, 30.92'
AutoCAD SHX TextS27°13'04"E, 10.83'
AutoCAD SHX TextN21°10'15"W, 32.63'
AutoCAD SHX TextN23°27'24"E, 32.51'
AutoCAD SHX TextN01°03'13"E, 27.78'
AutoCAD SHX TextS22°53'51"E, 13.70'
AutoCAD SHX TextN66°44'30"W, 35.91'
AutoCAD SHX TextS47°55'09"W, 28.28'
AutoCAD SHX TextN43°13'25"W, 27.71'
AutoCAD SHX TextN71°14'11"E, 37.73'
AutoCAD SHX TextS17°37'14"E, 14.03'
AutoCAD SHX TextFirelane Line Table
AutoCAD SHX TextLine #
AutoCAD SHX TextL1
AutoCAD SHX TextL2
AutoCAD SHX TextL3
AutoCAD SHX TextL4
AutoCAD SHX TextL5
AutoCAD SHX TextLength
AutoCAD SHX Text20.21'
AutoCAD SHX Text39.72'
AutoCAD SHX Text11.68'
AutoCAD SHX Text11.13'
AutoCAD SHX Text20.15'
AutoCAD SHX TextBearing
AutoCAD SHX TextN49°22'50"E
AutoCAD SHX TextN02°55'08"E
AutoCAD SHX TextS45°02'20"W
AutoCAD SHX TextN45°02'20"E
AutoCAD SHX TextS49°22'50"W
AutoCAD SHX Text24' firelane easement per this plat
AutoCAD SHX Texttract/subdivision line
AutoCAD SHX Texttract line
AutoCAD SHX TextVicinity Map
AutoCAD SHX Text(not to scale)
AutoCAD SHX TextGeneral Notes:
AutoCAD SHX Text1. Water Supply to be provided by City of Denison. 2. Sewer service to be provided by City of Denison. 3. Electrical service is provided by Oncor Electric Delivery Co. 4. Blocking the flow of water or construction of improvements in drainage easements, and filling or obstruction of the floodway is prohibited. 5. Any existing creeks or drainage channels traversing along or across the addition will remain as open channels and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. 6. The City of Denison will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. 7. The property shown on the plat hereon lies within a Zone "X" (areas determined to be outside 500-year floodplain) Designation, as shown on the Flood Insurance Rate Map for Grayson County, Texas and Incorporated Areas, Map No. 48181C0165 F, Revised Date: September 29, 2010. 8. Neither The City of Denison nor the undersigned surveyor will be responsible for any damage, personal injury, or loss of life or property occasioned by flooding or flooding conditions. 9. The owners and builders must comply with all other state and federal regulations regarding developments of this type.
AutoCAD SHX TextTexas Board of Professional Land Surveying
AutoCAD SHX TextPh: (903) 463-6191 Fax: (903) 463-4088
AutoCAD SHX Text222 W. Main St., Denison, Texas 75020
AutoCAD SHX TextFirm Registration No. 10088100
AutoCAD SHX TextEmail: [email protected]
AutoCAD SHX TextHelvey-Wagner Surveying, Inc.
AutoCAD SHX TextTexas Board of Professional Land Surveying
AutoCAD SHX TextPh: (903) 463-6191 Fax: (903) 463-4088
AutoCAD SHX Text222 W. Main St., Denison, Texas 75020
AutoCAD SHX TextFirm Registration No. 10088100
AutoCAD SHX TextEmail: [email protected]
AutoCAD SHX TextHelvey-Wagner Surveying, Inc.
AutoCAD SHX TextS:\Land Projects R2\Topo-Dr-Maggi-property-Morton-Street\dwg\Plat.dwg Layout: Plat Plot Date Dec 15 20 Time: 9:35 AMPlat.dwg Layout: Plat Plot Date Dec 15 20 Time: 9:35 AM Layout: Plat Plot Date Dec 15 20 Time: 9:35 AMPlat Plot Date Dec 15 20 Time: 9:35 AM Plot Date Dec 15 20 Time: 9:35 AMDec 15 20 Time: 9:35 AM Time: 9:35 AM9:35 AM
AutoCAD SHX TextS:\Land Projects R2\Topo-Dr-Maggi-property-Morton-Street\dwg\Plat.dwg Layout: Plat Plot Date Dec 15 20 Time: 9:35 AMPlat.dwg Layout: Plat Plot Date Dec 15 20 Time: 9:35 AM Layout: Plat Plot Date Dec 15 20 Time: 9:35 AMPlat Plot Date Dec 15 20 Time: 9:35 AM Plot Date Dec 15 20 Time: 9:35 AMDec 15 20 Time: 9:35 AM Time: 9:35 AM9:35 AM
AutoCAD SHX Text I, Kate A. Wagner, Registered Professional Land Surveyor, do hereby certify that a survey was made on the ground of the property shown hereon under my personal and direct supervision, and that the corner monumentation meets the standards set according to the Subdivision Regulations of the City of Denison, Texas. ________________________________________ Kate A. Wagner, R. P. L. S. No. 6578 Date: STATE OF TEXAS COUNTY OF GRAYSON I, the undersigned Owner of the land shown hereon, and legally described herein above, and designated herein as Lot 1, Block A of Closets and Garages Addition, A Replat of Lot 1, Thorpe Subdivision and adjoining tracts to the East, to the City of Denison, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown on the purpose and consideration therein expressed. I further certify that all other parties who have a mortgage or lien interest in the Lot 1, Block A of Closets and Garages Addition, A Replat of Lot 1, Thorpe Subdivision and adjoining tracts to the East, to the City of Denison, Texas have been notified and signed this plat I further acknowledge that the dedications and/or exactions made herein are proportional to the impact of the subdivision upon the public services required in order that the development will comport with the present and future growth needs of the City; I, my successors and assigns hereby waive any claim, damage, or cause of action that I may have as a result of the dedication of exactions made herein. _____________________________________________ Steve Compass, Representative for Gold Coast Investments, LLC Before me the undersigned, a notary public in and for said County and State, on this day personally appeared
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Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct public hearing, and make a recommendation on a request
for approval of the initial zoning of 2.7 acres, more or less, located along Cathey Drive, Denison
Texas, Property ID: 395565 to Single Family-5 Zoning District. Case No. 2020-126A.
Staff Contact
Bill Medina, Senior Planner
903-465-2720
Summary
The applicant is pursuing the development of a nine-lot subdivision on the subject property.
The applicant is requesting the subject property be initially zoned to Single Family-5 Zoning District.
The applicant will be submitting civil engineering plans providing adequate public utilities.
Staff Recommendation
City staff recommends approval of the rezoning.
Recommended Motion
"I move to recommend approval of initially zoning the approximately 2.7 acres to Single Family-5
Zoning District.
Background Information and Analysis
The developer has submitted a voluntary annexation petition to bring the subject property,
approximately 2.7 acres into the Denison City limits. The default zoning when a property is annexed
into City limits is Agricultural Zoning District. In order to proceed with site development, the applicant
is requesting that the property be initially zoned to Single Family-5 Zoning District, instead of the
default zoning of Agricultural. Due to the nearby residential uses, Staff recommends approval of the
requested zoning. The 2018 Comprehensive Plan shows this area to be developed in a residential
manner.
In addition to the request for residential zoning, the developer has begun working on a preliminary plat
for the subdivision. The preliminary plat will be approved at a later date by the Planning and Zoning
Commission. Upon review of the aforementioned preliminary plat, Staff has requested the developer
provide civil engineering plans showing an extension and service of City sewer lines.
According to the City of Denison Municipal Ordinance Sec. 28.10, the City staff and the Planning and
Zoning Commission shall consider the following factors when reviewing rezone requests:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area
concerned, and their relationship to the general area and to the city as a whole;
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Yes, the proposed uses are compatible with the adjacent residential uses in the area. The
general area has been either undeveloped or engaged in low density residential use.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
The applicant is aware of, and preliminarily agreed to, the need to improve sewer capacity to
adequately serve the increased usage. The developer is also responsible for extending
utilities to serve a new development at the subject property.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of
such vacant land unavailable for development;
The subject property is currently undeveloped. Neary by property, similar in size and area
has been developed in a residential manner.
4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
In past years, similar low density residential developments have occurred West of US 75
which conforms with Single Family 5 or Single Family 7.5 Zoning Districts.
5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
Other nearby areas should not be negatively affected, as this area is engaged in similar
residential uses.
6. Whether the zoning petition is consistent with the current land use plan; and
Yes, this zoning petition is consistent with the current 2018 Comprehensive Plan. This area
is shown to be developed as residential in nature.
7. Any other factors that will substantially affect the public health, safety, morals, or general welfare.
Other factors which may substantially affect general welfare have been addressed above.
Financial Considerations
N/A
Prior Board or Council Action
The Denison City Council approved an annexation Resolution and Service Plan on January 4th, 2021.
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Alternatives
The Commission may conditionally approve, table or deny the request.
-
Planning and Zoning Commission Case Number 2020-126A
Tuesday January 12th , 2020
Case Number: 2020-126A
Zoning: N/A
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Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request
for approval of a rezone of 2630 Randell Lake Road, Denison Texas, from Light Industrial so that the
entire property is zoned Agricultural. (Case No. 2020-132Z)
Staff Contact
Bill Medina, Planner
903-647-5566
Summary
The applicant is requesting to rezone a portion of the property from Light Industrial to Agricultural Zoning District.
The 2018 Comprehensive Plan shows this area is to be developed as residential in nature.
Staff recommends approval.
Staff Recommendation
City staff recommends approval of the zoning changes.
Recommended Motion
"I move to recommend approval changing the zoning of the subject property from Light Industrial so
that the entire property is zoned Agricultural Zoning District."
Background Information and Analysis
The applicant is requesting to rezone the property from Light Industrial so that the entire property is
zoned Agricultural Zoning District. Current zoning maps show the property to be split zoned with
Agricultural toward the rear of the property and Light Industrial toward the front of the parcel. The
property was recently purchased with the intention of the new owner building their homestead on site,
with farming or agricultural uses toward the rear of the property.
While some Light Industrial uses are located to the South and East, the area is also largely engaged in
agricultural uses with very low-density residential units. The area is also largely zoned Agricultural
with some Light Industrial. The requested rezoning would not only help to eliminate split zoning on a
parcel, which is not slated for industrial development, but will also help the area conform with the
2018 Comprehensive Plan.
Pending approval of the rezoning, the property will need to be platted prior to residential development
being permitted.
According to the City of Denison Municipal Ordinance Sec. 28.10, the City staff and the Planning and
Zoning Commission shall consider the following factors when reviewing rezone requests:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
-
Yes, the proposed uses are compatible with the adjacent residential and agricultural uses in
the area. The general area has been developed in a similar manner and proposed.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
There are no proposed plans to improve existing street, water supply, sanitary sewer
systems, or other utilities. Upon platting of the subject property, the Public Works
Department would obtain necessary utility easements and maintain infrastructure as
necessary.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of
such vacant land unavailable for development;
While there are other vacant infill lots, pending rezoning, this property will be ready for
residential development with agricultural use.
4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
N/A
5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
Other nearby areas should not be negatively affected as this area is engaged in similar
residential and agricultural uses.
6. Whether the zoning petition is consistent with the current land use plan; and
Yes, this zoning petition is consistent with the current 2018 Comprehensive Plan.
7. Any other factors that will substantially affect the public health, safety, morals, or general welfare.
Other factors which may substantially affect general welfare have been addressed above.
Financial Considerations
N/A
Prior Board or Council Action
N/A
-
Alternatives
The Commission may conditionally approve, table or deny the request.
-
Planning and Zoning Commission Case Number 2020-132Z
Tuesday, January 12th, 2020
Case Number 2020-132Z
Zoning: Light
Industrial/Agricultural
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Planning and Zoning Commission Case Number 2020-132Z
Tuesday, January 12th, 2020
Zoning Map
Zoning Type: Light Industrial and Agricultural
Proposed Zoning: Agricultural
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Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct public hearing, and make a recommendation on a request
for approval of the initial zoning of 46 acres, more or less, located at 7350 FM 1417, Denison Texas,
Property ID: 113720 to Light Industrial Zoning District. Case No. 2020-140A.
Staff Contact
Bill Medina, Senior Planner
903-465-2720
Summary
The applicant is pursuing annexation of the subject property in order to receive City utility services.
The applicant is requesting the subject property be initially zoned to Light Industrial Zoning District.
The subject property has existing industrial type structures.
Staff Recommendation
City staff recommends approval of the rezoning.
Recommended Motion
"I move to recommend approval of initially zoning the approximately 46.9 acres to Light Industrial
Zoning District.
Background Information and Analysis
The developer has submitted a voluntary annexation petition to bring the subject property,
approximately 46.9 acres into Denison City limits. The property owner is pursuing annexation in order
to obtain City of Denson utility services. According to the applicant, the existing site currently contains
metal structures used as tradesman workshops and has intentions of similar expansion. The default
zoning when a property is annexed into City limits is Agricultural Zoning District, however the
applicant is requesting an initial zoning of Light Industrial.
While the 2018 Comprehensive Plan shows this area to be developed in a residential manner, Staff
believes a light industrial zoning and use is appropriate. Due to the subject property being engaged in a
light industrial use and being adjacent to other light industrial type development to the South and West,
staff recommends approval of the requested zoning. Additionally, the subject property is situated in an
area which is significantly removed from the City Core and the current residential developments.
Nearby Industrial uses include an approximately 60-acre mining equipment manufacturing operation,
various tradesman/professional workshops, and a few oil drilling sites.
According to the City of Denison Municipal Ordinance Sec. 28.10, the City staff and the Planning and
Zoning Commission shall consider the following factors when reviewing rezone requests:
-
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area
concerned, and their relationship to the general area and to the city as a whole;
Yes, the proposed uses are compatible with the adjacent Industrial uses in the area. The
general area has been either undeveloped or engaged in a light industrial or low density
residential use.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
The applicant has made financial contributions for the extension of City water lines which
would now service the subject property, pending annexation.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of
such vacant land unavailable for development;
While there are a few other large and vacant light industrial parcels within Denison City
limits, the subject property will now be adequately service with a waterline.
4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
N/A
5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
Other nearby areas should not be negatively affected, as this area is engaged in a similar use.
6. Whether the zoning petition is consistent with the current land use plan; and
The 2018 Comprehensive Plan shows this area to be developed in a residential manner.
However, the nearby industrial uses and zoning districts indicate that the requested light
industrial zoning may be appropriate.
7. Any other factors that will substantially affect the public health, safety, morals, or general welfare.
Other factors which may substantially affect general welfare have been addressed above.
Financial Considerations
N/A
Prior Board or Council Action
-
The Denison City Council approved an annexation Resolution and Service Plan on January 4th, 2020.
Alternatives
The Commission may conditionally approve, table or deny the request.
-
Planning and Zoning Commission Case Number 2020-140
Tuesday January 12th , 2020
Case Number: 2020-140A
Zoning: N/A
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Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct public hearing, and make a recommendation on a request
for approval of the initial zoning of 10 acres, more or less, located at 7102 FM 1417, Denison Texas,
Property ID: 113727 to Agricultural Zoning District. Case No. 2020-140A.
Staff Contact
Bill Medina, Senior Planner
903-465-2720
Summary
The applicant is pursuing annexation of the subject property in order to receive City utility services.
The applicant has not requested an alternative zoning to the default Agricultural Zoning District
The subject property has an existing metal structure.
Staff Recommendation
City staff recommends approval of the rezoning.
Recommended Motion
"I move to recommend approval of initially zoning the approximately 10 acres to Agricultural Zoning
District.
Background Information and Analysis
The developer has submitted a voluntary annexation petition to bring the subject property,
approximately 10 acres, into the Denison City limits. While the entire contiguous property consists of
approximately 39 acres, the applicant is only petitioning the have the front part of the property annexed
into City limits. If/When the site is further developed, the additional property will need to be platted
and likely rezoned, depending on the proposed use. The future zoning of the site shall conform with the
nearby uses and zoning districts. If the rear 20 acres, plus or minus, is ever to be developed, it too will
need to be platted, annexed, and zoned.
The property owner is pursuing annexation in order to obtain City of Denson utility services. The
default zoning when a property is annexed into City limits is Agricultural Zoning District; the applicant
has not requested an alternative zoning.
According to the City of Denison Municipal Ordinance Sec. 28.10, the City staff and the Planning and
Zoning Commission shall consider the following factors when reviewing rezone requests:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area
concerned, and their relationship to the general area and to the city as a whole;
-
Yes, the proposed uses are compatible with the adjacent Industrial and residential uses in the
area. There are also many nearby vacant land uses which are compatible with agricultural
zoning district. The general area has been either undeveloped or engaged in a light industrial
or low density residential use.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
The applicant has made financial contributions for the extension of City water lines which
would now service the subject property, pending annexation.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of
such vacant land unavailable for development;
While there are a few other large and vacant parcels within Denison City limits, the subject
property will now be adequately service with a waterline.
4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
N/A
5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
Other nearby areas should not be negatively affected, as this area is engaged in a similar use.
6. Whether the zoning petition is consistent with the current land use plan; and
The 2018 Comprehensive Plan shows this area to be developed in a residential manner.
Agricultural zoning does allow for residential uses.
7. Any other factors that will substantially affect the public health, safety, morals, or general welfare.
Other factors which may substantially affect general welfare have been addressed above.
Financial Considerations
N/A
Prior Board or Council Action
The Denison City Council approved an annexation Resolution and Service Plan on January 4th, 2020.
Alternatives
-
The Commission may conditionally approve, table or deny the request.
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Planning and Zoning Commission Case Number 2020-144A
Tuesday January 12th , 2020
Case Number: 2020-144A
Zoning: N/A
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CITY OF DENISON
CITY COUNCIL MEETING
AGENDA
Monday, January 4, 2021
After determining that a quorum is present, the City Council of the City of Denison, Texas will convene in a Regular Meeting on Monday, January 4, 2021 at 6:00 PM in the Council Chambers at City Hall, 300 W. Main Street, Denison, Texas at which the following items will be considered: 1. INVOCATION, PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE
2. PROCLAMATIONS AND PRESENTATION
A. Employee Years of Service Recognition
3. PUBLIC COMMENTS
Citizens may speak on action items listed on the Agenda. A “Request to Speak Card” should be completed and returned to the City Clerk upon arrival, prior to the Council reaching the Public Comment section of the agenda. Citizen comments are limited to three (3) minutes, unless otherwise required by law. Comments related to the Public Hearings listed below, will be heard when the specific hearing starts.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations or any prior Board or Council action as the case may be from time to time. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with the Staff recommendations.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda. This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda.
A. Receive a report, hold a discussion and take action on approving the minutes from the regular City Council Meeting held on December 7, 2020.
B. Receive a report, hold a discussion and take action on a Resolution appointing John Webb, Executive Director of Planning & Community Development, as a voting member and Bobby Atteberry, Interim City Manager as an alternate member to the Technical Advisory Committee of the Sherman-Denison Metropolitan Planning Organization.
jwebbText BoxResults
jwebbText BoxAll Consent Agenda Items Approved, 7-0
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C. Receive a report, hold a discussion, and take action on a Resolution appointing JC Doty, Robert Crawley, Janet Gott, and Amber Holley to the Tax Increment Reinvestment Zone Number Four Board of Directors each to serve a two-year term, and naming Janet Gott to serve as Board Chair for a one-year term.
D. Receive a report, hold a discussion, and take action on a Resolution appointing Teresa Adams, Kristofor Spiegel, Janet Gott, and Forrest Poole to the Tax Increment Reinvestment Zone Number Five Board of Directors each to serve a two-year term, and naming Janet Gott to serve as Board Chair for a one-year term.
E. Receive a report, hold a discussion and take action on the 2021 agreement with People Ready for the provision of temporary labor and authorize the Interim City Manager, or his designee, to execute the same.
F. Receive a report, hold a discussion and take action on an agreement with Plummer Associates, Inc. to conduct a Risk and Resilience Assessment and authorize the Interim City Manager, or his designee, to execute the same.
G. Receive a report, hold a discussion and take action on an ordinance repealing and restating Article III, “Mobile or Roadside Vendors” of Chapter 15, “Peddlers, Solicitors and Certain Other Sales” of the City of Denison Code of Ordinances.
H. Receive a report, hold a discussion and take action on a Service Agreement with Overdrive Entertainment for talent booking for Music on Main for the 2021-2023 concert seasons and authorize the Interim City Manager, or his designee, to execute the same.
I. Receive a report, hold a discussion and take action on modifying Chapter 26 “Utilities”, Article II “Sewer Use, Wastewater and Stormwater Disposal”, “Division 6-Storm Drain System – Illicit Discharge Prohibition” of the Denison Code of Ordinances.
J. Receive a report, hold a discussion and take action on a Resolution relating to the Voluntary Petition for Annexation of certain territories in the extraterritorial jurisdiction of the City of Denison being a ±10.234-acre portion of the tract generally located at 7102 N. FM 1417, Denison, Texas and described as G-0048 Ayers Mrs R J A-G0048 more commonly known as Property ID 113727, calling a public hearing regarding annexation and directing notices of public hearing be provided as prescribed by law.
K. Receive a report, hold a discussion and take action on a Resolution relating to the Voluntary Petition for Annexation of certain territories in the extraterritorial jurisdiction of the City of Denison, being a ±46.996-acre tract generally located at 7350 N. FM 1417, Denison, Texas and described as G-0048 Ayers Mrs. R.J. A-G0048, Geographic ID 077 0048003, and also known as Property ID 113720, calling a public hearing regarding said annexation and directing notices of public hearing be provided as prescribed by law.
L. Receive a report, hold a discussion and take action on a Resolution relating to the Voluntary Petition for Annexation of certain territories in the extraterritorial jurisdiction of the City of Denison, being ±2.778 acres and described as G-0433 Farmer David M, Geographic ID 076 043303311 and more commonly known as Property ID 395565, calling a public hearing regarding annexation and directing notices of public hearing be provided as prescribed by law.
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M. Receive a report, hold a discussion, and take action on the reappointment of Bob Alexander to the Historic Preservation Board.
N. Receive a report, hold a discussion and take action on an Equipment Rental Agreement with Turf Tank Intelligent Marking in the annual amount of $10,000 for up to 6 years for a marking robot to be paid from the THF Park Maintenance Fund and authorize the Interim City Manager to execute the same.
5. PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing and receive testimony from the Neighborhood Services Manager on the unsafe condition of the posted structure at 311 W. Morton and take action. After the conclusion of the public hearing, the Council may issue an order authorized by Chapter 214 of the Texas Local Government, including but not limited to securing the building from entry, or the repair, vacation, removal or demolition of the structures and may access civil penalties.
B. Receive a report, hold a discussion, conduct a public hearing, and take action on an Ordinance establishing a Conditional Use Permit for the expanded use of a storage facility for Closets and Garages, located at 2901 W Morton, Denison, Texas. (Case No. 2020-064CUP)
C. Receive a report, hold a discussion, conduct a public hearing, and take action on an Ordinance amending Article III, Zoning Districts, Section 28.39, (CA—Central Area District, Article III, Zoning Districts, Section 28.47, (CH-Commercial Historic Overlay District), Article IV, Use Regulations, Section 28.49(Use Regulations) And Article VI, Definitions, Section 28.63.1, Definitions to establish regulations to define and regulate Mobile Food Units.
6. PROJECT UPDATES
A. Receive a report and hold a discussion regarding the Coronavirus Relief Fund, Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) reimbursement requests provided through the Texas Division of Emergency Management (TDEM).
B. Receive a report and hold a discussion regarding Code Compliance division updates.
7. EXECUTIVE SESSION
Pursuant to Chapter 551, Texas Government Code, the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting to receive legal advice from its attorney on any posted agenda item as permitted by law or to discuss the following:
A. Consult with attorney on a matter in which the attorney's duty to the governmental body under the Texas Disciplinary Rules of Professional Conduct conflicts with this chapter and/or consult with attorney about pending or contemplated litigation or contemplated settlement of the same. Section 551.071
B. Discuss the possible purchase, exchange, lease or sell of value of real property and public discussion of such would not be in the best interests of the City's bargaining position. Section 551.072
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C. Discuss negotiated gifts or donations to the City and public discussion at this stage would have a detrimental effect on the City's bargaining position. Section 551.073.
D. Discuss the appointment, employment, evaluation, reassignment of duties, discipline, or dismissal of or to hear a complaint against a public officer or employee. Section 551.074.
E. Discuss the commercial or financial information received from an existing business or business prospect with which the City is negotiating for the location or retention of a facility, or for incentives the City is willing to extend, or financial information submitted by the same. Section 551.087
F. Discuss the deployment or specific occasions for implementation of security personnel or devices. Section 551.076
G. Deliberations regarding economic development negotiations pursuant to Section 551.087
Following the closed Executive Session, the Council will reconvene in open and public session and take any such action as may be desirable or necessary as a result of the closed deliberations.
CERTIFICATION I do hereby certify that a copy of this Notice of Meeting was posted on the front window of City Hall readily accessible to the general public at all times and posted on the City of Denison website on the 31st day of December 2020.
______________________________ Christine Wallentine, City Clerk
In compliance with the Americans With Disabilities Act, the City of Denison will provide for reasonable accommodations for persons attending City Council 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.
TopA.11/24/2020 MinutesNovember 24, 2020 Planning and Zoning Commission Meeting Minutes
B.12/8/2020 MInutesDecember 8, 2020 Planning and Zoning Commission Meeting Minutes
A.Closets and Garages ReplatFinal Staff Report - Closets and GaragesFinal Replat Report - Closets and GaragesClosets and Garages 12.15 ready for P&Z
B.Cathey Drive AnnexationFinal Staff Report, Cathey Drive AnnexationFinal Report - Cathey Drive AnnexationRevised Sims Couch fourth 1.7
C.2630 Randell Lake Road RezoningFinal Staff Report, 2630 Randell Lake Road RezoneFinal Rezone Report 2630 Randell Lake Road
D.7350 FM 1417 Annexation Initial Zoning RequestFinal Staff Report, 7350 FM 1417 AnnexationFinal Annexation Report - 7350 FM 1417 Annexation
E.7102 FM 1417Final Staff Report, 7102 FM 1417 AnnexationFinal Annexation Report - 7102 FM 1417 Annexation
A.Receive an update from the Neighborhood Services ManagerB.Staff Updates - Council ResultsCouncil Results 2021-01-04
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