CITY OF DENISON PLANNING AND ZONING COMMISSION …€¦ · One letter of support had been received . Applicant, Nick Davis shared that he intends to remodel the drive -thru restaurant

CITY OF DENISON

PLANNING AND ZONING COMMISSION MEETING

AGENDA

Tuesday, December 10, 2019

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, December 10, 2019 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 approving the Minutes from the

November 12, 2019 Planning and Zoning Commission 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 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 make a recommendation

on an Ordinance to change the zoning of the subject property from Local Retail to Single

Family 5, located at 318 E Hull Denison, Texas 75021. (Case No. 2019-109Z)

B. Receive a report, hold a discussion, conduction a public hearing and take action on a

request for approval of a Replat of the West 20’ of Lot 1, and Lots 2-5 Of College Park

Addition, Denison Texas & Being .657 Acres in the P.C. Martin Survey, Abstract No. 767.

Commonly referred to 2400 S Woodlawn, Denison Texas 75020 (Case No. 2019-108RP)

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

on an Ordinance to change the zoning of the subject property from Single Family 7.5 to

Commercial, located at 3525 & 3515 Ansley Ln Texas 75020. (Case No. 2019-104Z)

D. Receive a report, hold a discussion, conduction a public hearing, and make a

recommendation on an ordinance amending The City of Denison Zoning Ordinance,

Article V Section 28.5 Off Street Parking and Loading Requirements, Article IV Section

28.49 Use Regulations, and Article VI Section 28.63 Definitions.

5. 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 December 2019.

______________________________

Christine Wallentine, 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, November 12, 2019

Announce the presence of a quorum.

Commission Chair Brett Evans called the meeting to order at 10:02 a.m. Commissioners present

were Matthew Looney, Mary Karam, Michael Davis, Brett Evans, and Spence Redwine. Staff

present were Kimberly Murray, Community and Development Services Director, and Bill Medina,

Planner.

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 October 8, 2019.

Commission Action:

Staff requested that the Board approve the minutes, including the following update to Item

3A: Ms. Murray shared that the Department would begin the process of securing a contract

with an outside firm to update the zoning ordinance to comply with recent state legislation,

housekeeping items, and to support the recently adopted Comprehensive Plan.

Commissioner Davis motioned to approve the item, and Commissioner Redwine 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.

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

on an ordinance to change the zoning of the subject property from Commercial to Central

Area located at 111 S Fannin Ave, Denison, Texas 75020. (Case No. 2019-089Z)

Commission Action:

Mr. Medina stated that two letters of support from neighbors were received. He stated the

re-zone would allow for a Micro Pub or Brewery at location without the need of a

Conditional Use Permit. Commissioner Karam asked about the use of the rooms in the

facility. Medina responded that a portion would be used as a tasting room and the other

portion for brewing. Applicant was present for questions that council or staff may have.

There being no additional public comment the public Hearing was closed.

Commissioner Redwine motioned to approve the item as presented, 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 approval of a Conditional Use Permit for the allowance for a Bar, for the

Black Bull LLC, located at 207 W Chestnut St, Denison, Texas 75020. (Case No. 2019-

095CUP)

Commission Action:

Mr. Medina introduced Black Bull, LLC as the parent entity applying to open an upscale

bar. The project has received a Certificate of Appropriateness through Historic

Preservation. The Commission had questions regarding lot coverage and the current

garage doors on the building. The lot will have additional landscaping, a covered porch,

and outdoor seating. Commissioner Looney posed a question about the necessity of a

Conditional Use Permit. Mr. Medina and Ms. Murray explained that no beverages will be

brewed onsite and hard alcohol would be served making the Conditional Use Permit

necessary to operate in the Central Area zoning district. Applicant Turner William

Kennedy was present and informed the commission that he has a law office next door to

proposed establishment. Mr. Kennedy stated that the current venue name will be “The

1880 Icehouse”. Hours of operation will need to be submitted and approved prior to

Council issuing a Conditional Use Permit. Pro-Tem Chair Evans opened the Public

Hearing, and, with no public comments received, the Public Hearing was closed.

Commissioner Redwine motioned to approve the item and Commissioner Karam

seconded. The motion carried with unanimous vote to approve as submitted.

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

on an ordinance to change the zoning of the subject property from Light Industrial to

Commercial, located at 2400 S Woodlawn, Denison, Texas 75020. (Case No. 2019-93Z)

Commission Action:

Mr. Medina explained that the property is currently a restaurant site and the re-zone will

bring it into conforming use. One letter of support had been received. Applicant, Nick

Davis shared that he intends to remodel the drive-thru restaurant and carry convenience

store type items. He shared that he will be pursuing a replat following the re-zoning. Vice-

Chair Brett Evans opened the Public Hearing, and, with no additional public comments,

the Public Hearing was closed.

Commissioner Davis motioned to approve the item and Commissioner Looney seconded.


D. Receive a report, hold a discussion, conduct a public hearing and take action on a request

for approval of a replat of Lot 5 Gateway West Phase 2, being 6.866 acres in the J.G. Gnase

Survey, Abstract No. 1567, Denison, Texas 75020. (Case No. 2019-096RP)

Commission Action:

Mr. Medina stated that the replat intends to replat existing one lot into two lots and that

the replat meet all requirements. One letter of support has been received. There were no

questions from staff. Applicant Ryan Johnson spoke and provided answers to questions

regarding commercial use. Pro-Tem Chair Evans opened the public hearing, and, with no

additional public comments received, the public hearing was closed.

Karam motioned to approve the item as submitted and Commissioner Davis seconded.


There being no further business to come before the Commission, Karam motioned to adjourn

Commissioner Davis seconded. The meeting adjourned at 10:32 a.m.

____________________________________

BRETT EVANS, Commission Vice-Chair

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 an

Ordinance to change the zoning of the subject property from Local Retail to Single Family 5, located at

318 E Hull Denison, Texas 75021. (Case No. 2019-109Z)

Staff Contact

Bill Medina, Planner

[email protected]

903-647-5566

Summary

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

The 2018 Comprehensive Plan shows this area is to be developed as a neighborhood.

Staff recommends approval.

Staff Recommendation

The proposed rezone will allow for the development of the proposed lot and conforms with the 2018

Comprehensive Plan. City staff recommends approval of the zoning changes.

Recommended Motion

"I move to approve the Ordinance to change the zoning of the subject property from Local Retail to

Single Family 5 as presented."

Background Information and Analysis

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

adjacent to the property have been developed 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 will

also continue as residential in nature. Rezoning these lots would not only provide conformance with

the 2018 Denison Comprehensive Plan, but also ensure that residential uses are legally compliant with

City Ordinance. The subject property meets all lot size requirements in the Single Family 5 zoning

district. City staff has intentions of updating the current Zoning Ordinance during this fiscal year,

which will allow for additional zoning adjustments to be made. This large project will also allow staff

to adjust other zoning and use conflicts which have occurred in different target areas.

Financial Considerations

N/A

Prior Board or Council Action

None

Alternatives

The Planning and Zoning Commission may table the zoning change request

The planning and Zoning Commission may not recommend approval of the zoning change.

City of Denison Planning and Zoning Commission Case Number 2019-109Z | 318 E Hull


Case Number: 2019-109Z

Rezone: Commercial to Single

Family 5

318 E Hull

¯

City of Denison Planning and Zoning Commission Case Number 2019-109Z | 318 E Hull


Zoning Map

Zoning Type: Commercial to Single Family 5

Planning and Zoning

Commission Meeting

Staff Report

Agenda Item

Receive a report, hold a discussion, conduction a public hearing and take action on a request for

approval of a Replat of the West 20’ of Lot 1, and Lots 2-5 Of College Park Addition, Denison Texas

& Being .657 Acres in the P.C. Martin Survey, Abstract NO. 767. Commonly referred to 2400 S

Woodlawn, Denison Texas 75020 (Case No. 2019-108RP)

Staff Contact


[email protected]

903-647-5566

Summary

The applicant is requesting to replat the existing lots into one lot.

The proposed replat meets all requirements.


Staff recommends approval of the proposed replat.

Recommended Motion

“I move to approve the replat as presented.”


The applicant wishes to replat the subject property, to accommodate future development. The subject

property is currently located at 2400 S Woodlawn. City staff has reviewed the plat for conformance

with applicable City Ordinances and recommends approval. The existing lots equate to .657 Acre(s),

the replat would result in Lot one being formed. The applicant is requesting to create a covered drive

through addition which would cross over several lot lines. To prevent the development of construction

across several lot lines, a replat into one lot is required.


N/A


N/A

Alternatives

N/A

Planning and Zoning Commission Case Number 2019-108RP | 2400 S Woodlawn

Tuesday December 10th, 2019

Case Number: 2019-108RP

Zoning: Commercial

2400 S Woodlawn

¯

Planning and Zoning Commission Case Number 2019-108RP | 2400 S Woodlawn

Tuesday December 10th, 2019

Zoning Map

Zoning Type: Commercial

Planning and Zoning

Commission Meeting

Staff Report

Agenda Item

Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on an

Ordinance to change the zoning of the subject property from Single Family 7.5 to Commercial, located

at 3525 & 3515 Ansley Ln Texas 75020. (Case No. 2019-104Z)

Staff Contact


[email protected]

903-647-5566

Summary

The applicant is requesting to rezone the property from Single Family 7.5 to Commercial.

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

Commercial.



The proposed rezone will allow for growth of commercial businesses. City staff recommends approval

of the zoning changes.

Recommended Motion

"I move to approve the Ordinance to change the zoning of the subject property from Single Family 7.5

to Commercial as presented."


The applicant is requesting to rezone the property from Single Family 7.5 to Commercial.

Additionally, the 2018 Denison Comprehensive Plan states this area should be engaged in

neighborhood type use with some commercial when appropriate. This is to include retail, restaurants,

services, offices, and open spaces. Due to the subject property’s proximity to Highway 75, F.M. 120,

and adjacent Commercial uses and zoning districts, a commercial rezone is appropriate. The properties

are currently vacant, as shown. The applicant has expressed intentions of creating several medical

related offices/practices at the location. City staff will continue to meet with the applicant to replat the

property and review site plans for the proposed development.

Per City of Denison Use Regulation, Chapter 28 of the Code Of Ordinances, the following applicable

uses are permitted in a Commercially zoned district: Offices (Medical Office), Offices (Health

Services), Clinic (Medical), and Hospital (Acute Care). This would allow the developer to move

forward with several types of medical and health related services at the subject location. City Staff

believes that this rezone request will help to create a pathway to additional Commercial development

in the vacant surroundings area.


N/A


None

Alternatives

The Planning and Zoning Commission may table the zoning change request

The planning and Zoning Commission may not recommend approval of the zoning change.

City of Denison Planning and Zoning Commission Case Number 2019-104Z | 3525 & 3515 Ansley


Case Number: 2019-104Z

Rezone: Single Family 7.5 to

Commercial

3525 & 3515 Ansley

¯

City of Denison Planning and Zoning Commission Case Number 2019-104Z | 3525 & 3515 Ansley


Zoning Map

Zoning Type: Single Family 7.5 to Commercial

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Planning and Zoning

Commission Meeting

Staff Report

Agenda Item

Receive a report, hold a discussion, conduction a public hearing, and make a recommendation on an

ordinance amending The City of Denison Zoning Ordinance, Article V Section 28.5 Off Street Parking

and Loading Requirements, Article IV Section 28.49 Use Regulations, and Article VI Section 28.63

Definitions.

Staff Contact


[email protected]

903-647-5566

Summary

The proposed Ordinance will add the definition of a Food Catering & Take Out service to the

allowed uses.

The proposed Ordinance changes will allow for a more comprehensive and detailed approach to

food preparation related uses.



Staff recommends approval of the proposed Ordinances changes to better serve a growing and evolving

food production/preparation business model.

Recommended Motion

"I move to recommend approval of an ordinance of the City of Denison, Texas, amending chapter 28

of the Code of Ordinances of the City, to allow for a Food Catering and Take Out Service.”


To better serve our community, attract new development, and to improve existing buildings/lots, City

staff recommends approval of an Ordinance allowing for a Food Catering and Take Out Service. The

current version of the Use Regulation Table and Definitions located with the City of Denison Code of

Ordinances does not specifically outline a Food Catering or Take Out type of business. As business

models have changed, new small-scale catering type uses have developed. Updating the City

Ordinance will not only clearly permit food catering services, but also create a use for a meal

preparation type of business.

City staff has identified that Commercial, Central Area, and Local Retail Zoning Districts would be

appropriate locations for a catering and meal preparation/take out services. The definition City staff has

identified which would best serve the community is as follows: “Food Catering, take out service, or

small food product preparation shall mean an establishment in which the principal use is the

preparation of food and/or meals on the premises, and where such food and/or meals are delivered to

another location for consumption or distribution, and where such use occupies not more than five

thousand (5,000) square feet in gross floor area.”. The City legal team is currently working on

completing a final draft of the proposed Ordinance, pending recommendations from the Planning and

Zoning Commission, before the January 6th City Council Meeting.


N/A


N/A

Alternatives

Not to approve the requested zoning Ordinance text amendments.

Approve the Zoning Ordinance text amendment with conditions/edits.

Documents

CITY OF DENISON PLANNING AND ZONING COMMISSION …€¦ · One letter of support had been received . Applicant, Nick Davis shared that he intends to remodel the drive -thru restaurant