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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
AGENDA
Tuesday, May 26, 2020
Pursuant to section 551.127 of the Texas Government Code, and in conjunction with the guidance
and provisions provided by the Governor of Texas in the declaration of disaster and subsequent
executive orders altering certain Open Meetings Act requirements and ordering that gatherings of
more than 10 people shall be avoided, the Planning and Zoning Commission of the City of
Denison, Texas will conduct the meeting scheduled at 10:00 AM on Tuesday, May 26, 2020 by
video teleconference in order to advance the public health goal of limiting face-to-face meetings
(also called “social distancing”) to slow the spread of the Coronavirus (COVID-19). There will be
no in-person public access and less than a quorum may be physically present.
The public toll-free dial-in number to participate in the meeting by telephone is 1-866-899-
4679, Access Code 829-505-629#.
A recording of the meeting will be made and will be available to the public in accordance with the
Open Meetings Act upon written consent.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT
The public will be permitted to offer public comments by email to the Deputy City Clerk at
[email protected] no later than 8:30 AM on Tuesday, May 26, 2020, to be
considered at the meeting. The Deputy City Clerk will then provide any comments received to
each of the Commissioners so they can have the comments to take into consideration in their
decision making. Comments related to the Public Hearings listed below, if any, will be heard
when the specific hearing starts.
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.
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A. Receive a report, hold a discussion and take action on the Minutes from the April 28, 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
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 take action on a replat
of Lot 2 of the Replat of Lots 2, 3, and 4 of Shelton’s Subdivision an addition to the City
of Denison Texas. (Case No. 2020-007RP)
B. Receive a report, hold a discussion, and take action on a request for approval of a rezone
of Lot 14, Block 18, Original Town Plat of Denison Texas, more commonly known as
109 West Morton Street, from Commercial to Single-Family 5. (Case No. 2020-041Z)
C. Receive a report, hold a discussion, and make a recommendation on amendments to the
zoning (Chapter 28) code to modify fence regulations and add new grading regulations.
6. STAFF UPDATES
A. Receive a report and hold a discussion on division projects and staff updates.
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 22nd day of May, 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, April 28, 2020
1. CALL TO ORDER
Commission Chair Shearer called the meeting to order at 10:01am.
2. ROLL CALL
Commissioners present were Susan Arthur, Mary Karam, Vice Chair Brett Evans, Spence
Redwine and Chair Charlie Shearer, confirming a quorum.
Staff present were Director of Community and Development Services Kimberly Murray,
Planner Bill Medina, Community and Development Management Assistant Felecia Winfrey
and Deputy City Clerk Fanchon Stearns.
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 April 14, 2020
meeting.
Commission Action
On motion by Commission Karam, seconded by Commissioner Redwine, the Commission
unanimously approved the Minutes as presented.
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.
3
A. Receive a report, hold a discussion, conduct a public hearing and take action on a replat of
Lot 5 and part of Lot 4 in Block 6 of the Day and Munson Addition, of the City of Denison,
Grayson County Texas. (Case No. 2020-019RP)
Commission Action
Mr. Medina explained that a small sliver of property had been transferred from one
property owner to another, and that the replat would erase the property line and move it
slightly to capture the sliver. He said the replat is consistent with the Single Family 5
Zoning and that the lots are in the Infill Overlay District.
Commissioner Karam mentioned that the action would put the property line close to an
existing structure and asked if that would create an issue. Mr. Media explained that the
replat would move the property line to the middle of the structure but both lots are owned
by the same person at this time. He said that any property issues that came up in the future
would have to be worked through by the property owners on their own.
Chair Shearer opened the Public Hearing. No comments were received, and the Public
Hearing was closed.
On motion by Vice Chair Evans, seconded by Commissioner Karam, the Commission
unanimously approved the replat of Lot 5 and part of Lot 4 in Block 6 of the Day and
Munson Addition as presented.
B. Receive a report, hold a discussion, conduct a public hearing and take action on a replat of
Lots 17 & 18, Block 4, Rhamy’s Addition, of the City of Denison, Grayson County, Texas.
(Case No. 2020-020RP)
Commission Action
Mr. Medina said the applicant has requested to replat 2 lots into 3 lots. The existing 2 lots
are on the corner of E. Bullock St. and S. 8th Ave, facing Bullock. The replat would turn
the lots to face S. 8th and create enough room for 3 houses instead of 2. While the base
zoning is Single Family 7.5, but it is in the Infill Overlay district. The Infill requires
50’x100’and 5000 sq. feet and the new lots would meet that requirement.
Chair Shearer opened the Public Hearing. No comments were received, and the Public
Hearing was closed.
On motion by Commissioner Arthur, seconded by Commissioner Redwine, the
Commission unanimously approved the replat of Lots 17 & 18, Block 4, Rhamy’s Addition
as presented.
C. Receive a report, hold a discussion, conduct a public hearing and take action on replat of
part of Lots 21 and 22 in Block 16 of the Washington Heights Addition, of the City of
Denison, Grayson County Texas. (Case No. 2020-018RP)
Commission Action
Mr. Medina told the Commission that the application was combining 2 partial lots into 1
buildable lot. The replatted lot would face N. Barrett Ave. The base zoning is Single Family
5 and it is in the Infill Overlay District.
Chair Shearer asked if staff was verifying that properties had adequate utilities to them.
Mr. Medina answered that yes, Public Works’ staff collaborates with applicants to verify
4
adequate water and sewer. Chair Shearer shared that he had purchased a lot nearby in a
comparable situation—the lots had originally been platted north to south and it had bee
replatted east to west. That resulted in the lot he purchased not having existing sewer
service. He said it was expensive for the City to get sewer to the lot, and said it was a reason
to check closely that the lots being created have appropriate utilities. Mr. Media explained
that in this case, the utilities ran through the alley, and the developer would be bringing
them down to the lot itself.
Chair Shearer opened the Public Hearing. There being no comments, the Public Hearing
was closed.
On motion by Commissioner Karam, seconded by Commissioner Arthur, the Commission
unanimously approved the replat of part of Lots 21 and 22 in Block 16 of the Washington
Heights Addition as presented.
Mr. Medina shared that a neighbor had called after receiving notice and was looking at
developing it similarly. He hoped another house could come out of this in the future.
D. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation
on an amendment to Segment Four (4) of Ordinance No. 4786, more commonly known as
the Gateway Village Planned Development.
Commission Action
Mr. Medina told the Commission that the proposed change would reduce the lot width from
60’ to 40’ in only Segment 4 of the Planned Development. This would allow for additional
flexibility. It encompasses the Residence at Gateway Village and the Reserve future
housing development. Ms Murray shared that this was the intention of the original Planned
Development but that was not the language that was approved by Council. This action
would correct that. Chair Shearer said he thought this would be the first of other projects
looking to increase housing density with smaller widths. Commissioner Karam mentioned
that the width hadn’t been an issue in the past, but the Commission may have denied cases
where the depth was too shallow. She said the new builders seemed able to take care of the
window issue—windows not opening into neighbor’s windows. She said that down the
line, if lot sizes are changed, she would be most concerned about depth of lots as opposed
to the width. Commission Arthur stated that she was concerned that with the smaller lot
sizes, more trees would be taken. Mr. Medina stated the City’s tree ordinance would be
applied to most lots regardless of size. He also mentioned that early on in development,
about 80 acres had been set aside for THF Park, which mitigated tree loss in the
development. Chair Shearer shared that land and development costs would result in
narrower lots being more common in the future. He also stated that landscaping and other
natural resources will need to be worked into the development plans in the future.
Chair Shearer opened the Public Hearing. No comments were received. The Public Hearing
was closed.
On motion by Commission Karam, seconded by Commissioner Arthur, the Commission
unanimously approved a recommendation on an amendment to Segment Four (4) of
Ordinance No. 4786, more commonly known as the Gateway Village Planned
Development, as presented.
5
E. 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 148319, 148318 and 148316 from
Agriculture to Regional Retail; located at 3331 Stafford Drive, Denison, Texas 75020.
(Case No. 2020-13Z)
Commission Action
Mr. Medina shared that the 2018 Comprehensive Plan, or Comp. Plan, indicated the area
to be developed at Mixed Commercial type land uses. The property is behind B&B
Automotive, and the applicant is seeking the rezone to improve marketability of the land.
He stated that the property is in the Highway Overlay district, and adjacent to established
neighborhood districts, and borders areas included in the Comp. Plan for future
neighborhood development. At the time of development, the developer will need to
collaborate closely with staff on organizing and creating a site plan appropriate to the
property and access from Hwy 75. Current access may not be adequate for Regional Retail
use. Staff would recommend a second access point along 75. Stafford Dr. would need to
be upgraded if Regional Retail were developed here because of additional traffic. The
upgrade would include underground utilities and a wider road. The current case is just for
the rezone, and those items would have to be addressed at the time of development in the
future.
Chair Shearer opened the Public Hearing. Peter Krause, PO Box 1222 Denison, TX 75021,
asked what the property would be developed in to. Mr. Medina said there was not a planned
project, and the rezone was applied for on the speculation that it would improve
marketability of the property. The current property owners are only readying it for sale.
Mr. Medina gave them a list of Regional Retail, including medial offices, barber shops,
automotive repair, appropriate uses and referred them to the full use-table on the website
for mote information. Mr. Krause asked if a medical office building would be an
appropriate use. Mr. Medina confirmed that it would be, and other larger projects like
Target, Best Buy or a travel center would be an appropriate land use. Chair Shearer clarified
that heavy automotive repair and other heavier Commercial uses would not be allowed. He
said it would be more neighborhood friendly. Mr. Krause shared he was concerned about
access and the residential proximity. Chair Shearer said staff would address the issues
during the site plan process, including screening and other residential protections. He said
that once the project reaches site plan approval, it would come before the Commission
again and Mr. Krause would have the opportunity to hear the details and share concerns.
There being no additional comments, the Public Hearing was closed.
On motion by Commissioner Karam, seconded by, seconded by Commissioner Redwine,
the Commission unanimously approved a recommendation to approve zoning change of
parcel ID number 148319, 148318 and 148316 from Agriculture to Regional Retail as
presented.
5. STAFF UPDATES
A. Receive a report and hold a discussion regarding Planning and Zoning division staff
updates.
Commission Action
6
Ms Murray shared that City Hall was closed to the public and staff is reporting to work and
available remotely. She shared that online permit applications were being taken, and
reopening plans were being made. She said that virtual Commission meetings would likely
continue through May and were waiting on direction from Council as to when in-person
meetings would resume. Interim Planning Director Manjeet Ranu and she were still
working on the comments and direction given by the Commission at the last meeting
regarding the zoning code amendments. She said the recommended approvals would go
before Council the next meeting. Chair Shearer asked if any changes to the ordinance were
being worked on that addressed the repetition of houses being built. Ms Murray said that
had not been addressed yet, and staff would meet in person with the Chair in the future
regarding that. Ms Murray and Chair Shearer said they would touch base later in the day.
There being no further business to come before the Commission, the meeting was adjourned at
10:32 a.m.
______________________________
Charles Shearer, Commission Chair
ATTEST:
______________________________
Fanchon Stearns, Deputy City Clerk
7
Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing and take action on a replat of Lot 2 of the
Replat of Lots 2, 3, and 4 of Shelton’s Subdivision an addition to the City of Denison Texas. (Case No.
2020-007RP)
Staff Contact
Bill Medina, Planner
903-647-5566
Summary
The applicant is requesting to replat two lots into four lots.
Staff recommends approval.
Staff Recommendation
Staff recommends approval of the replat.
Recommended Motion
"I move to approve the Replat of the Shelton’s Subdivision.”
Background Information and Analysis
The proposed replat amends the existing Shelton’s Addition to create four new lots which will be
known as Lot 2R-1, Lot 2R-2, Lot 2R-3 and Lot 2R-4. These proposed lots are currently zoned as
Two-Family Duplex and located within the Residential Infill Overlay District. The proposed replat will
allow the developer to build four duplex units at these locations. Lots 2R-1 and 2R-2 will front along
Oak Drive, while Lots 2R-3 and 2R-4 will have adequate access along a 15’ by 150’ private utility, fire
lane, and access easement. The Planning and Zoning Department has worked closely with the
developer as well as various other City Departments to ensure that this proposed layout will not only
serve the anticipated use, but also provide adequate access for utilities and emergency services.
Financial Considerations
N/A
Prior Board or Council Action
N/A
Alternatives
N/A
8
Planning and Zoning Commission Case Number 2020-007RP
Tuesday May 26th , 2020
Case Number: 2020-007RP
Zoning: Two-Family Duplex
¯
9
Planning and Zoning Commission Case Number 2020-007RP
Tuesday May 26th , 2020
Zoning Map
Zoning Type: Two-Family Duplex
10
11
Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, and take action on a request for approval of a rezone of Lot 14,
Block 18, Original Town Plat of Denison Texas, more commonly known as 109 West Morton Street,
from Commercial to Single-Family 5. (Case No. 2020-041Z)
Staff Contact
Bill Medina, Planner
903-647-5566
Summary
The applicant is requesting to rezone the property from Commercial to Single Family 5 Zoning
District.
The 2018 Comprehensive Plan shows this area is to be developed as a neighborhood.
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
Commercial to Single Family 5 pending final legal review."
Background Information and Analysis
The applicant is requesting to rezone the property from Commercial to Single Family 5. The lots
adjacent to the property have been developed in and are used as single-family residences. As shown in
the aerial exhibits, the area has largely been developed as residential; future development in this area is
projected to continue as residential in nature. The property owner purchased 109 W Morton with the
intention of building a new single-family home. Rezoning this lot would not only provide conformance
with the 2018 Denison Comprehensive Plan, but also allow the property owner to move forward with
development.
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 uses in the area. The
general area has been developed in a residential manner.
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;
12
There are no proposed plans to improve existing street, 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 single family zoned lots, this lot is also vacant and in a location
which is ready for residential development, pending a change in the Zoning Ordinance.
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;
Over the past year, several other non-residential zoned lots have been changes to Single
Family 5 to allow for similar developments.
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.
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
None
Alternatives
The Planning and Zoning Commission may conditionally approve, table or deny the request.
13
Planning and Zoning Commission Case Number 2020-041Z
Tuesday May 26, 2020
Case Number: 2020-41Z
Zoning: Commercial
¯
14
Planning and Zoning Commission Case Number 2020-041Z
Tuesday May 26, 2020
Zoning Map
Zoning Type: Commercial
15
16
109 W Morton Denison, TX 75021
Single Family
<25.0 Feet>
<5.0 F
eet>
<33.5 F
t>
<41.0 Ft>
<84.0 Ft>
<11.5 F
t>
<18.0ft>
109 W M
orton
<50.0 F
t>
<150.0 Ft>
17
Planning and Zoning
Commission Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, and make a recommendation on amendments to the zoning (Chapter
28) code to modify fence regulations and add new grading regulations.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
903- 465-2720 x2474
Summary
This item involves two amendments to the zoning (Chapter 28) code to address urban design quality,
environmental stewardship and fidelity to state water quality regulations. Changes proposed involve
fencing and grading.
Staff Recommendation
Receive the staff report, accept public input, deliberate and approve a motion to recommend approval by
the City Council of these amendments.
Recommended Motion
“ I move to recommend approval of the proposed amendments to Denison Municipal Code Chapter 28,
as more particularly described in the Planning and Zoning Agenda Report for the meeting of May 26,
2020.”
Background Information and Analysis
The Planning and Zoning Commission considered various amendments at its April 14, 2020 regular meeting and made the following motion:
Recommend approval to the City Council of the amendments to Subdivision Code as presented in the April 14, 2020 agenda report and amendments to the Zoning Code as presented in that agenda report for "Filed," "Quorum" and "Trash Enclosures;" and
Return to the Commission in May 2020 for further consideration of amendments to the Zoning Code regarding "Fences," "Outdoor Storage Walls" and "Grading," which address the Commission's comments and questions.
This item includes revisions to proposed fence and grading regulations that consider the Commission’s
input.
Proposed Amendments
City staff has identified issue-specific, near term amendments to the Zoning Code, as summarized
below and detailed in the two attachments using track changes format, where strikeout means deletion
from the code and underline refers to new text to be added to the code.
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Fence amendment (Chapter 28)
This amendment would reduce the maximum height of a fence from eight feet to six feet and require
the “finished” or “friendly” side facing outward when in the public view, as defined in the Zoning
Code, along roadways designated in the City’s 2018 Comprehensive Plan Master Thoroughfare Plan.
No longer is it proposed to reduce the fence height below eight feet elsewhere and as such, there is no
revision proposed affecting outdoor storage wall height. Along a street side yard (typically corner
lots), the maximum height would increase from four to five feet and require the fence be 25 percent
open. Additionally, minimum design standards to promote quality and uniform appearing fencing on
properties is included. Various non-substantive text cleanups are also proposed.
Grading amendment (Chapter 28)
Grading is not currently guided for private land use activities. This risks the City’s compliance with
national and state stormwater requirements, as well as risks properly engineered development. This
amendment would require a grading permit for all earthwork activities, with exceptions for common
sense circumstances. The proposed ordinance now includes a discussion of its purpose and need. It
also clarifies that a grading plan otherwise required for stormwater regulatory compliance would
suffice for complying with these grading regulations, avoiding duplication. Finally, there is
differentiation of requirements based on property size and land use type.
Comprehensive Plan Consistency
These amendments improve urban design quality and promote environmental stewardship. Master
thoroughfare roadways have significant public visibility and affect the design character of the
community. Therefore, there is a greater public interest in regulating design along these roadways. As
such, these amendments are consistent with the Comprehensive Plan vision of improving the city and
attracting new investment.
Other Findings
Staff finds these amendments are consistent with the purpose of the zoning code to further the orderly
use and development of land because urban design quality would be improved and environmental
resources protected.
Financial Considerations
N/A
Prior Commission or Council Action
No other prior actions, aside from the aforementioned April 14, 2020 Commission meeting.
Alternatives
The Commission could recommend that amendments not be undertaken. This alternative is not
recommended because the existing codes would hinder the furtherance of quality urban design, impact
environmental resources or risk compliance with Texas water quality regulations.
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ATTACHMENT 2
Sec. 28.53. - Fence, screening and wall regulations.
28.53.1. Purpose:
To encourage the most appropriate use of land; conserve and protect the privacy and value of adjacent permitted uses; and promote good urban design in the public realm. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.
28.53.2. General fence and screening requirements:
A. A permit from the Office of the Chief Building Official shall be required for the construction, repair, or replacement of all fences and screening walls, except for replacement or repair of an existing segment of fence in conformance with this Chapter for which a permit was previously issued that is not more than 20 feet in length. B. Fences around swimming pools shall comply with the City of Denison's Code of Ordinances and Texas Health and Safety Code Chapter 757. C. Fencing for a tennis court is allowed in all zoning districts and shall be a maximum twelve (12) feet in height, except within a yard that abuts a street and is in the public view. D. All fences shall comply with the sight visibility requirements for landscaping set forth in Section 28.51.7 and as shown in Appendix "A" Illustration 5 and as set forth in Section 28.55.8. E. The following materials are prohibited for use as fences: 1. Metal panels or corrugated sheet metal panels except as allowed in subsection 28.53.5.1.E below. 2. Plywood and/or loading pallets. 3. Any welded wire fabric unless specifically allowed by this section. 4. Barbed or barbless agricultural wire, such as hog wire, poultry wire, cattle panels, or electrical fencing unless used to enclose pastures, cropland or agricultural activities or approved in conformance with subsection 28.53.5.E. 5. Pipe and cable fencing unless specifically allowed by this section. F. When chain link fencing is used, it shall include metal posts, post caps and metal top rails. G. In the H (Historic Overlay District), a Certificate of Appropriateness must be approved before a permit can be issued for construction.
Deleted: and
Deleted: for AH Districts
Deleted: Building Inspections Department
Deleted: All swimming pools must be enclosed by a fence with a minimum height of four (4) feet and with self-latching gates.
Deleted: Tennis
Deleted: fencing
20
H. Fences within the public view when the property abuts a master thoroughfare plan roadway, as designated in the City’s Comprehensive Plan, which is incorporated by reference pursuant to Section 17-26, shall be designed to fully screen structural elements of the fence that are not equally visible on both sides of the fence such that the finished side of the fence faces outward toward the street and public view. Such fences shall not exceed six feet in height, except for residential land uses, when within the required yard area, Section 28.53.4 B. applies. I. Fences shall be maintained in good condition to include but not limited to structural integrity, consistent materials and consistent color. J. Fences required to be at least fifty (50) percent open by this Chapter shall not have vertical pickets or similar solid features in between structural posts that exceed three (3) inches in width. K. Exceptions to this Section 28.53 may be authorized by the Office of the Chief Building Official when a conflict exists with an expressed safety-related requirement of the Denison Code of Ordinances. L. All fence materials shall be durably painted or stained, except integrally colored masonry fences. 28.53.3. Screening required between non-residential and residential uses:
A. In the event that the property line of a multi-family use, nonresidential use, or manufactured/mobile home park is adjacent to the property line of a single-family, two-family or residential PD district, or in the event that the property line of any nonresidential district is adjacent to a multiple-family district, a screening wall or fence of not less than six (6) feet, nor more than eight (8) feet in height shall be erected on the property line separating these properties. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. The construction material for such screening fences may be wood stockade with metal poles, masonry, brick, stone or another approved material. 1. The owner of the multi-family property shall be responsible for and shall build and maintain the required screening wall or fence on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multi-family is adjacent to residential uses. 2. When screening is required between nonresidential and residential uses, it shall be the responsibility of the owner of the property with the nonresidential use to construct and maintain the screening wall or fence. 3. Any screening wall or fence required under the provisions of this section or under a conditional use permit, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, wood or other similar suitable permanent materials that do not contain openings except gates. Gates shall be equal in height and screening characteristics to the wall or fence. 4. The Planning and Zoning Commission may approve alternative equivalent screening through the site plan approval process in Section 28.13. A solid living screen consisting of landscaping that will achieve a minimum height of six (6) to eight (8) feet within two (2) years may be
21
considered by the Commission as an alternative screening equivalent. The living screen must be irrigated by an automatic irrigation system which shall be constructed and maintained by the property owner requesting the approval of the alternative screening. 5. The screening wall and fence may extend into the front yard setback of the non-residential, multi-family or mobile home district at the minimum height unless restricted by the sight visibility easements in subsection 28.51.7. 6. The screening fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the nonresidential or multi-family buildings.
28.53.4. Residential fences and walls:
A. Any fence or wall within a rear or side yard setback that is also not within the front or street side yard setback shall not exceed a total of eight (8) feet in height measured from grade and including the height of a functional retaining wall. B. No fence or wall shall be permitted between the street and the front yard setback of any single-family or duplex residential structure unless it does not exceed four (4) feet in height and has openings of not less than fifty (50) percent of the fence area. C. For a corner lot, no fence or wall shall be permitted between the street and the street side yard setback of any single-family or duplex residential structure unless it does not exceed five (5) feet in height and has openings of not less than twenty-five (25) percent of the fence area and is not within the front yard setback area. D. For a corner lot with a single-family residential or duplex building where one yard has been designated as a side yard but adjoins a front yard on an adjacent lot, a fence may be erected to enclose the side yard but must be set back a minimum of fifteen (15) feet from the edge of pavement or back of curb, whichever exists and wholly located on private property, unless in the Infill Overlay Zoning District, a reduction may be granted by the Chief Building Official to the minimum necessary to mitigate space constraints, provided a landscape buffer is placed between the fence and the property line. E. Gates designed for vehicular access shall be set back from the property line a minimum of twenty-five (25) feet. F. For properties used as multi-family, assisted living facility, and nursing/convalescent or skilled home, an ornamental metal fence a maximum of six (6) feet in height and fifty percent (50%) open in construction may be erected within the front yard setback and within the side yard setback of corner lots that abut a street. 28.53.5. Non-residential fences and walls:
A. Fences located within the front yard setback in the O, NS, LR, RR, CR, C and BP zoning districts, unless addressed below in subsections D. and E., shall be a maximum of forty-eight (48) inches in height and constructed of wrought iron or tubular steel, and shall be no less than fifty percent (50%) open. The fence must be set back a minimum of ten (10) feet from the property line or behind any required landscaped edge.
Deleted: located to the rear of the front face of the main residential structure
Deleted: face
Deleted: or within the side yard setback of a corner lot
Deleted: C
Deleted: ¶D. For single-family residential and duplex corner lots where one yard has been designated as a side yard but adjoins a front yard on an adjacent lot, a fence may be erected to enclose the side yard but must be set back a minimum of fifteen (15) feet from the property line.¶
Deleted: E
22
B. Fences erected within the side yard setback of corner lots that abut a street shall comply with the standards in subsection A above. C. Fences and walls located within the side or rear yards of non-corner lots may be erected on the property line, shall be a maximum of eight (8) feet in height, and may be constructed of black or green vinyl coated chain link with matching top rails and caps, galvanized/zinc coated chain link, wrought iron or tubular steel or masonry, brick or stone screening walls. Solid metal panels are allowed only in the LI and HI districts, and must be of materials and design specifically manufactured or fabricated for use as screening or fencing. D. For uses categorized as "Transportation and Auto Services" in Section 28.49, except for impound lots and wrecking yards, pipe rail fencing with a maximum height of twenty-four (24) inches may be erected on the property line. Pipe rail fencing shall have a painted or powder coated finish in a color complimentary with the surrounding development. Automobile storage areas on impound lots and wrecking yards must be screened in accordance with subsection 28.53.6.A below. E. In the LI and HI districts, fences located within the front yard setback shall be a maximum of eight (8) feet in height and shall be no less than fifty percent (50%) open. Green or black coated vinyl chain link or galvanized/zinc coated chain link fencing may be used. Fences shall be set back a minimum of ten (10) feet from the front property line, but may be erected on the side and rear yard property lines. Solid metal panels are allowed only in the side and rear yards of non-corner lots, and must be of materials and design specifically manufactured or fabricated for use as screening or fencing. Barbed wire, electric wire or razor wire is allowed only if approved by the Planning and Zoning Commission as part of the site plan review process.
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ATTACHMENT 4
Grading
Section 28.##. Grading regulations.
A. Purpose and need.
1. Soil erosion and sediment deposition onto lands and into waters occurs as a result of land
clearing, excavation, filling, grading and construction activities. Such erosion and sediment
deposition results in pollution of waters and damage to domestic, agricultural, recreational and
other resource uses.
2. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded
soil endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and
ditches and the dredging of lakes. In addition, clearing and grading during construction cause
the loss of native vegetation necessary for terrestrial and aquatic habitat.
3. The purpose of this ordinance is to safeguard persons, protect property, and prevent damage to
the environment. This ordinance also promotes the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of any development or other activity
that disturbs or breaks the topsoil or results in the movement of earth on land.
4. This ordinance provides for rules and regulations for excavation, filling and grading activities
within Denison, Texas and provides for administration and enforcement of said rules and
regulations.
B. Grading permit required.
1. When a project is required to have a grading plan under Stormwater regulations, that will be
sufficient to fulfill the requirements of this section.
2. When a project is not required under Stormwater regulations, this section must be followed for
grading permit requirements.
3. Any project involving excavation or fill, unless underneath the footprint of an existing structure
or building, or in the Fairview Cemetery.
4. When involving any amount of land area that includes or potentially includes sensitive habitat or
natural features regulated by the State of Texas or a federal agency.
5. When involving any amount of land that contains or may contain sensitive cultural or
archeological resources regulated by the State of Texas or a federal agency.
6. When involving land subject to the floodplain requirements set forth in Chapter 8.
7. When involving excavation, cuts or fill in public right of way set forth in Chapter 21
8. When required by the Denison Code of Ordinances.
9. Exempt when associated with agricultural purposes.
10. The City Manager or designee shall prepare application materials.
a. Residential properties under 1 acre will be required to have a grading permit with a
grading plan prepared by the applicant, engineer or a landscape architect.
b. Residential properties between 1 acre and 5 acres may be required to have a grading
permit with a grading plan, as determined by the City Manager or designee. Factors to
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be considered include but are not limited to existing drainage conditions, potential
hazards and availability of infrastructure.
c. Residential properties over 5 acres will fall under the stormwater permit for grading
purposes.
28.63. Definitions
Grading: Any earthwork that involves grubbing, excavating, embanking, or filling.
Excavation: The removal of earth material by artificial means, also referred to as a cut.
Fill: Deposition of earth materials by artificial means.
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58 Denison Comprehensive Plan
503
91
91
91
120
FM 691
131
120
1753
1417
84
406
1310
75
75
69
69
OKLAHOMATEXAS
A Major Arterial
Principal Arterial
Expressway
B Minor Arterial
C Major Collector
Town Thoroughfare
Key
0 1mi 3mi 5mi
Waterways
City Limits
ETJ
Downtown
Note: Street grid in City to maintain charm and character on Collectors
Future Dallas North Tollway
Master Thoroughfare Plan for ETJ
Developed Area
26
59Chapter 4 | Planning
OKLAHOMATEXAS
503
91
91
131
120
1753
Main St120
84
1310
75
75
69
69
Morton
Randell
Texoma
Future Dallas North Tollway
Exact alignment to be determined
FM 691
FM 84
Burn
ett
Day
Bullock
Loy Lake
Texas
Coffin
Crawford
Crawford
Crawford
Tone
Juan
ita
Arm
stro
ng
Woo
dlaw
n
Lilli
s
Park
Wat
erlo
o La
ke D
r
Miri
ck
Trav
is
Miri
ck
Sears
MLK
0
Waterways
City Limits
ETJ
Downtown
5mi0 .5mi 1mi 2mi
A Major Arterial
Principal Arterial
Expressway
B Minor Arterial
C Major Collector
Town Thoroughfare
Note: Street grid in City to maintain charm and character on Collectors
Key
Master Thoroughfare Plan for Developed Area
27
