CITY OF DENISON

PLANNING AND ZONING COMMISSION MEETING

AGENDA

Tuesday, August 11, 2020

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, August 11, 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. PUBLIC COMMENT

Citizens may speak on items listed on the Agenda. A “Request to Speak Card” should be

completed and returned to City Clerk staff 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.

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 City Clerk staff 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 July 14, 2020

Meeting.

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 City Clerk staff before the 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, conduct a public hearing, and make a recommendation

on a request to change the zoning of 2020 S Scullin Avenue Denison, Texas 75020, from

Single Family-5 to Local Retail. (Case No. 2020-74Z)

5. STAFF UPDATES

A. Receive a report and hold a discussion regarding department updates.

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 7th day of August, 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.

CITY OF DENISON

PLANNING AND ZONING COMMISSION MEETING

MINUTES

Tuesday, July 14, 2020

1. CALL TO ORDER

Commission Action

Chair Shearer called the meeting to order at 10:04 am

2. ROLL CALL

Commission Action

Commissioners present were Susan Arthur, Mary Karam, Brett Evans, Spence Redwine,

Charlie Shearer. Alternate Commissioner Mike Davis was present for dicsussion.

Staff present were Planner Bill Medina and Deputy City Clerk Fanchon Stearns.

3. PUBLIC COMMENT

Commission Action

No Public Comments were received.

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Receive a report, hold a discussion and take action on the Minutes from the June 23, 2020

Meeting.

Commission Action

On motion by Commissioner Redwine seconded by Vice Chair Evans, the Minutes were

unanimously approved as presented.

5. PUBLIC HEARINGS

A. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation

on a request to change the zoning of parcel ID number 151505, also known as 4801 S

Highway 91 Denison, Texas 75020, from Light Industrial to Commercial. (Case No. 2020-

53Z)

Commission Action

Mr. Medina explained that the 2018 Comprehensive Plan shows the area to be Mixed

Commercial land use. The applicant would like to rezone the property and install a food

truck park. Item 5B is also at the same site. The site is known as the old Calhoun’s building,

and the surrounding zoning is Commercial and Light Industrial. The applicant is proposing

significant renovations to the building and property. Two letters of opposition were

received, with 1 letter of support. Both opposition letters cite concerns regarding traffic

and pedestrians, as well as the sale of alcohol. Mr. Medina clarified that the sale of alcohol

was not applicable to the rezone but could be considered in the next item as part of the

Conditional Use Permit. The letter of support was generally supportive of commercial

services in the area instead of light industrial. Chair Shearer noted that the letters of

opposition appear to be identical.

The applicant, Barry Reed of 1600 Norwood St. in Sherman, TX, stressed that this would

be a family-oriented business and not a night club. He said he and his wife knew the

establishment as Calhoun’s, and were calling their business Jake’s Place, in honor of their

17-year-old son. Chair Shearer asked if alcohol would be served—the Mr. Barry stated that

yes, there would be some beer and wine sales. Mr. Medina clarified that on the Conditional

Use Permit application, they are proposing a 50/50 TABC license, with alcohol sales

limited to 50% or less of revenue. The applicants would not be preparing food, but the

rotating food trucks would sell, and the model would be similar to that of the TRY

Incubator. They are also hoping to host live music shows several times a week, and that

more on that would be discussed during the Conditional Use Permit Public Hearing. Mr.

Barry said the food trucks would be alternating when possible and that TABC approval

was pending. There being no emails or callers with Public Comment, the Public Hearing

was closed.

On motion by Commissioner Karam and seconded by Vice Chair Evans, the motion to

recommend approval ordinance to change the zoning of the subject property from Light

Industrial to Commercial pending final legal review 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 the use of a

food truck park for Jake’s Place located at 4801 S Highway 91 Denison, Texas 75020.

(Case No. 2020-052CUP)

Commission Action

Mr. Medina explained that a Conditional Use Permit is required for Food Truck Park use

in the Commercial Zoning District. The Conditional Use Permit will be contingent on the

Rezone of the property, as Food Truck Park use is not allowed within the Light Industrial

Zoning District. Mr. Medina explained that staff and applicant began collaborating on the

site plan and way forward in the spring. The definitive version of the site plan includes

interior and exterior seating, an interior renovation with a full fire suppression system

with 3 bays for food trucks. The parking and dumpster enclosure are adequate, and two

fire lanes are included. Grass and landscaping will be installed along the Texoma

Parkway side of the building creating separation between vehicle and pedestrian traffic.

The parking lot will be redone and restriped. Pedestrian traffic and outdoor seating will

be to the east, and vehicle traffic will be to the west. Hours of operation include Sunday

through Thursday 11:00 AM to 10:00 PM, and Friday and Saturday 11:00 AM to 12:00

AM with some live entertainment indoors ending at 11:30 PM. A rustic wood paneled

fence will be added to the southern border of the property. Pending Fire Marshal

approval, a fire pit may be added in the future. Mr. Medina mentioned that the 2 letters of

opposition and 1 letter of support were received for both the Rezone and the Conditional

Use Permit cases.

Commissioner Karam asked if the food truck park would be able to operate if alcohol

sales are not allowed. Mr. Barry said that yes, they anticipate being able to stay open, and

Mr. Medina clarified that similar business models have been able to operate despite the

closing of bars in response to COVID-19 mitigation. Chair Shearer said he assumed a

night club could go back into operation in the space since one had operated there

previously, and that the Food Truck use would be more beneficial to the community. He

also stated that the landscaping would be nice in the area as it is a gateway to Denison.

Mr. Medina, Chair Shearer and Commissioner Karam thanked the applicant for their

investment of time and resources during an uncertain time. There being no emails or

callers with Public Comment, Chair Shearer closed the Public Hearing.

On motion by Vice Chair Evans, seconded by Commissioner Karam, the motion to

recommend approval of the request for a Conditional Use Permit at the subject property

pending final approval of the rezone from Light Industrial to Commercial carried

unanimously.

6. STAFF UPDATES

A. Receive a report and hold a discussion on department updates.

Commission Action

Mr. Medina said that staff is working on a requirement that residential elevations be

changed when developed in the same area. He also said that staff had met with some local

builders earlier in the month, and some ideas came out of that meeting. He let the

Commission know that July 28th was the next regularly scheduled meeting, but no cases

had been noticed yet.

7. ADJOURNMENT

There being no further business to discuss, the meeting adjourned at 10:25am.

________________________________

Commission Chair, Charlie Shearer

ATTEST:

________________________________

Fanchon Stearns, Deputy City Clerk

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

to change the zoning of 2020 S Scullin Avenue Denison, Texas 75020, from Single Family-5 to Local

Retail. (Case No. 2020-74Z)

Staff Contact

Bill Medina, Planner

bmedina@cityofdenison.com

903-647-5566

Summary

The applicant is requesting to rezone the property Single Family-5 to Local Retail.

The 2018 Comprehensive Plan shows this area is to be developed as a Neighborhood with some

light retail as appropriate.

Staff recommends approval.

Staff Recommendation

City staff recommends approval of the zoning changes.

Recommended Motion

"I move to recommend approval of the Ordinance to change the zoning of the subject property from

Single Family-5 to Local Retail pending final legal review."

Background Information and Analysis

The applicant is requesting to rezone this property from Single Family-5 to Local Retail. The subject

property is located at 2020 South Scullin Avenue Denison, Texas 75020 and consists of approximately

4.8 Acres. Staff began working with the applicant on this project in early Summer of 2020 and believes

that there is adequate information to recommend approval of a zoning change.

The applicant wishes to relocate their childcare facility to the subject property. The applicant is

requesting to rezone the property to Local Retail which would allow them to operate their business at

the subject property. According to The City of Denison Municipal Ordinance Section 28.49 - Use

Regulations, a Child Day Care (Business), defined as “A commercial institution or place designed for

the care or training of twelve (12) or more unrelated children under fourteen (14) years of age for less

than twenty-four (24) hours a day”, is permitted within a Local Retail Zoned property.

2020 S Scullin is nearby other Single Family-5 zoned properties which are not engaged in Single

Family uses such as Scott Middle School and The Denison Boys & Girls Club campus. The proposed

use and existing nearby uses are compatible with the neighborhood and function to provide local

services to nearby residents. The 2018 Comprehensive Plan shows this area to be engaged in a

neighborhood type use, with some light retail as appropriate.

The subject property itself was previously utilized as the Salvation Army Boys & Girls Club. Due to

this past use, the site had been built and developed in a manner which doesn’t conform with today’s

Single Family-5 Zoning District and is better suited for an education or childcare use. The location has

adequate open space, parking, traffic circulation, and access. Additionally, the interior is outfitted with

a recreational gym, several classrooms, dining/food hall, and an outdoor track.

Staff understand a childcare service to be appropriate of this residential area. The reuse of a vacant

building in the proposed manner is strongly encouraged and staff recommends approval of the rezoning

request.

According to the City of Denison Municipal Ordinance Sec. 28.10, 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;

The adjacency to nearby non-residential type uses and the proposed childcare facility ought to

provide a complementary relationship between the proposed zoning change and the general

area.

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 public right of way, water supply, sanitary

sewer systems, or other utilities.

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 Local Retail lots within the City limits, the reuse of this vacant

building will serve nearby neighborhoods

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;

City Staff has reviewed and approved several Minor Plats and single-family housing

building permits within the Residential Infill Zoning District. Due to growth of residential

units with the Residential Infill Zoning District, staff believes that current childcare services

may need to be expanded to meet demand. The rezoning of this property will help to meet

future growth.

5. How other areas designated for similar development will be, or are likely to be, affected if

the proposed amendment is approved;

Based on the existing traffic flow, infrastructure, access, and nearby uses, there appears to

not be any negative impact to nearby properties.

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 to be engaged a neighborhood use with some neighborhood services or light retail as

needed. The land use plan also encourages the reuse of vacant buildings.

7. Any other factors that will substantially affect the public health, safety, morals, or general

welfare.

The general welfare of the surrounding area may be improved by having access to additional

childcare options.

Financial Considerations

N/A

Prior Board or Council Action

None

Alternatives

The Planning and Zoning Commission may conditionally approve, table or deny the request.

Planning and Zoning Commission Case Number 2020-074Z | 2020 S Scullin

Tuesday, August 11, 2020

Case Number: 2020-074Z

Zoning: Single Family-5

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Planning and Zoning Commission Case Number 2020-074Z | 2020 S Scullin

Tuesday, August 11, 2020

Zoning Map

Current Zoning Type: Single Family-5

Proposed Zoning Type: Local Retail