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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