city of denison planning and zoning commission …€¦ · recommendation to change zoning of the...

CITY OF DENISON

PLANNING AND ZONING COMMISSION MEETING

AGENDA

Tuesday, July 30, 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, July 30, 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 the meeting minutes from the July

2, 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 take action on a request

for approval of a Replat of the Barry Homestead Addition, located at 1030 S. French,

Denison, Texas75020, between Texas Street and French Avenue. Being a part of the P.C

Martin Survey, Abstract No. 767, and being a Replat of Lot 10, Block 19, Chelsea Park

Addition. (Case No. 2019-047RP)

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

recommendation to change the zoning of the subject property from Commercial to Single

Family 5 located at 116 E Morton, Denison, Texas 75021. (Case No. 2019-048Z).

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

recommendation to change zoning of the subject property from Single Family 7.5 to

Commercial, located at 2527 Hwy 691, Denison, Texas 75020(Case No. 2019-0498Z)

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

recommendation to change zoning of the subject property from Light Industrial to Single

Family 5, located at 1006 W Bullock, Denison, Texas 75020. (Case No. 2019-034Z)

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 26th

day of July, 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

MINUTES

Tuesday, July 2, 2019

1. CALL TO ORDER

Planning & Zoning Commission Chairman, Charles Shearer called the meeting to order at

11:02 a.m.

2. ROLL CALL

Commission Members present were: Spence Redwine, Matthew Looney, Charles Shearer,

Brett Evans, and Mary Karam.

Staff Members present were: Planner, Bill Medina.

3. CONSENT AGENDA

A. Receive a report, hold a discussion, and take action on the minutes of the May 14, 2019

Planning & Zoning Commission Meeting.

Commission Action

On motion by Commissioner Karam, seconded by Commissioner Evans, the Planning &

Zoning Commission unanimously approved the Consent Agenda as presented.

4. 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 the subject property from

Commercial to SF-5, located at 118 E. Bond Street. (Case No. 2019-018Z)

Commission Action

Planner, Bill Medina stated that the applicant requested a rezone to match the

surrounding properties, which were residential. Future land use plans designates the land

as a neighborhood. Mr. Medina stated that the item had been seen by the Commission

previously, but due to it not being publicly noticed correctly, it was being brought forth

again. Staff recommends approval of the request.

Commissioner Karam asked for clarification on the lot size as it was listed on the

application.

Chairman Shearer opened the Public Hearing and asked if there was anyone wishing to

speak in favor or opposition to the item. There being none, the Public Hearing was

closed.

On motion by Commissioner Evans, seconded by Commissioner Redwine, the Planning

& Zoning Commission unanimously recommended approval the rezoning request to

rezone the presented property from Commercial to SF-5. (Case No. 2019-018Z)

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

for approval of a Replat of Circle C Office Warehouse Addition, located in the Extra-

Territorial Jurisdiction of the City of Denison on FM 1417 approximately 450 feet south

of Davy Lane. (Case No. 2019-019RP)

Commission Action

Bill Medina stated that the applicant is not requesting any variances and staff

recommends approval. Mr. Medina also stated that there was one letter of opposition

submitted from an adjacent property owner, copies of which, he passed out to the

Commission. Mr. Medina stated that the original opposition was due to the fact that the

original replat did not allow for a 60-foot easement on the east side of the property,

however the case had since been updated. The current replat did, in fact, allow for that

easement.

Commissioner Looney requested a copy of “Exhibit A” referenced in the agenda item.

Mr. Medina passed that out to the Commission. Chairman Shearer stated that as a

Commission, the only option they have for a plat that meets all the technical requirements

that the City has set forth, is to approve the plat. The only thing they, as a Commission,

would have the ability to deny would be variances. In this case, no variances were

requested. Chairman Shearer asked Mr. Medina if the only update to the plat since the

May meeting was the easement and Mr. Medina confirmed.

Chairman Shearer opened the Public Hearing and asked if there was anyone present who

wished to speak in favor of the request. There were none.

Chairman Shearer asked if there was anyone present who wished to speak in opposition

of the request.

Name: Norman Arslanlar

Address: 4190 Wild Meadows

Medina, Minnesota. 55340

Mr. Arslanlar stated that he was the original author of the opposition letter, however he

would not be opposed if the Commission approved the plat as it was presented today with

the easement and property access for his adjacent property.

Chairman Shearer asked if Mr. Arslanlar had received a copy of the revised plat in his

notice, and he said that he had not. He did not see the corrected plat until he arrived at the

meeting. He was pleased and accepting of the revised plat that was being presented

before the Commission.

There being no further requests to speak to the item, Chairman Shearer closed the Public

Hearing.


Zoning Commission unanimously approved the request for replat (Case No. 2019-

019RP) as presented.

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

for approval of a replat of Earnhartbuilt's Second Addition, located at the intersection of

Nelson Street and S. Travis Avenue, Denison Texas. (Case No. 2019 - 25MP)

Commission Action

Planner, Bill Medina stated that the replat was into four lots with no variances requested.

There were no letters of support or opposition received by staff for the item and staff

recommended approval of the replat.

Chairman Shearer opened the Public Hearing and asked for any requests to speak in favor

of the request.

Name: Johnathan Earnhart

Address: 110 S. Houston Ave.

Denison, Texas 75020

Mr. Earnhart was the applicant for the replat and offered to answer any of the

Commission’s questions about the replat. The Commission had no questions for Mr.

Earnhart.

Chairman Shearer asked if there were any others wishing to speak in favor of the request.

There were none.

Chairman Shearer asked if there was anyone who wished to speak in opposition of the

request. There were none. Chairman Shearer closed the Public Hearing.

On motion by Commissioner Evans, seconded by Commissioner Looney, the Planning &

Zoning Commission unanimously approved the replat (Case No.2019 – 25MP) as

presented.

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

for approval of a replat of the Banks-Barrett Addition. Being a part of the W. Caruthers

Survey, Abstract No. 212, and being lots 1-2 and 7-8 of the replat Jack and Jill Addition.

(Case No. 2019-027RP)

Commission Action

Planner, Bill Medina stated that the request was to create additional lots between Martin

Luther King Street, West Elm Street, and North Barrett Avenue. The applicant was

requesting no variances and staff recommended approval of the replat. Mr. Medina stated

that there was one letter of opposition received by staff and one letter of support. Mr.

Medina then passed out copies of both letters to the Commission.


wished to speak in favor of the request.

Name: Brad Sylvester

Address: 21 Texas

Denison, Texas

Mr. Sylvester stated that the current property was divided into six lots and the replat

would change that to eight lots. Mr. Sylvester said the plan was to build nice brick homes

on the lots and he would be happy to answer questions.

Chairman Shearer asked if there were any others wishing to speak in favor of the request.

There were none.


of the request. There were none. Chairman Shearer closed the Public Hearing.

On motion by Commissioner Redwine, seconded by Commissioner Evans, the Planning

& Zoning Commission unanimously approved the replat as presented. (Case No. 2019-

027RP)

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

for approval of a replat of the Krawford Place Addition.Being a part of the L.C.

Alexander Survey, Abstract. No. 41, and being all of Lot 1, Block 1, Krawford Place

Addition to the City of Denison, Texas as per plat of record in Volume 24, Page 128, Plat

Records, Grayson County, Texas. (Case No. 2019-046RP)

Commission Action

Planner, Bill Medina stated that the request was to divide the property at the intersection

of Washington Street and Layne Drive into 8 lots and no variances were requested. Mr.

Medina passed out letters of opposition to the Commission.


wished to speak in favor of the request. There were none.


of the request. There were none. Chairman Shearer closed the Public Hearing.

On motion by Commissioner Looney, seconded by Commissioner Redwine, the Planning

& Zoning Commission unanimously approved the replat as presented. (Case No. 2019-

046RP)

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

recommendation to change the zoning of the subject property, 1910 MacGregor, from

Single Family 5 to Light Industrial. (Case No. 2019-028Z)

Commission Action

Planner, Bill Medina, stated that the applicant has intentions to build an

automotive/general warehouse on the property and zoning would need to be changed to

Light Industrial to accommodate such a use. There were no variances requested. The

property lies adjacent to railroad tracks and is surrounded by Industrial properties with

the exception of the western property. The adjacent property to the west is zoned Single

Family 5.

Chairman Shearer opened the Public Hearing and asked if anyone was present to speak in

favor of the request.

Name: Lamar Boone Munson

Address: 2402 W. Morton

Denison, TX 75020

Mr. Munson stated that he is the purchaser of the property and could answer any

questions. The Commission had no questions for Mr. Munson.

Chairman Shearer asked if there was anyone else wishing to speak in favor of the request.

There were none.

Chairman Shearer asked if there was anyone present wishing to speak in opposition of the

request. There were none. Chairman Shearer closed the Public Hearing.

On motion by Commissioner Evans, seconded by Commissioner Redwine, the

Commission unanimously recommended approval of the rezone as requested. (Case No.

2019-028Z)

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Receive a report, hold a discussion, and take action on a Site Plan located at 5130 Pool

Road. (Case No. 2019-036SP)

Commission Action

Planner, Bill Medina stated that the original site plan had been seen and approved by the

Planning & Zoning Commission at the February 13, 2018 regular meeting. Modifications

had been made to the site plan, changing it from a two-story building to a one-story

building. Mr. Medina stated that the plan includes 63 parking spaces, which is more than

the required 50. Applicant is requesting a variance for the use of approximately 27%

architectural metal.

Commissioner Evans asked what the Ordinance states is the allowed percentage of metal

in this case. Mr. Medina stated that because it is the highway overlay district, the

Ordinance requires 100% masonry.

Chairman Shearer asked if there was anyone present wishing to speak on the request.

Name: Licoln Golike

Address: 101 W. Shields

Sherman, Texas

Mr. Golike stated that he was present for any questions. The Commission had none.

Chairman Shearer asked if there was anyone else present wishing to speak on the request.

There were none.


Zoning Commission unanimously approved the site plan as presented. (Case No. 2019-

036SP)

B. Receive an updated report from staff as to the Planning & Zoning Department of the City

of Denison.

Planner, Bill Medina stated that staff would like to have a July 30 Planning & Zoning

Commission meeting as this meeting was a make-up meeting for June. Mr. Medina also

stated that the August meeting would take place on August 13, 2019.

Mr. Medina stated that staff had also begun interviewing to fill the Planning Manager

position.

There being no further business to come before the Planning & Zoning Commission, the meeting

adjourned at 11:33 a.m.

______________________________

CHARLES SHEARER, Chairman

Attest:

_______________________________

Kacie Galyon, Deputy City Clerk

City Council Meeting

Staff Report

Agenda Item

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

of a Replat of the Barry Homestead Addition, located at 1030 S. French, Denison, Texas75020,

between Texas Street and French Avenue. Being a part of the P.C Martin Survey, Abstract No. 767,

and being a Replat of Lot 10, Block 19, Chelsea Park Addition. (Case No. 2019-047RP)

Staff Contact

Bill Medina, Planner

[email protected]

903-647-5566

Summary

The applicant is requesting to replat the existing two parcels of property into one parcel.

The Planning and Zoning Commission has previously approved the abandonment of a portion

of the 1600 block of W. Texas Street.

The proposed replat meets all requirements.

Staff Recommendation

Staff recommends approval of the Barry Homestead Addition replat.

Recommended Motion

“I move to approve the Barry Homestead Addition replat, located at 1030 S. French, Denison,

Texas75020, as presented.”

Background Information and Analysis

The applicant wishes to replat the subject property, allowing him to move forward to future

improvements. The Barry’s wish to add an additional accessory building/garage to the property,

however a replat of the parcel is required, prior to approval. All future improvements on the replatted

parcel, but still meet any and all applicable City Ordinances.

Financial Considerations

N/A

Prior Board or Council Action

During the April 9th, 2019 Planning and Zoning Commission Meeting, 8,400 square feet of the1600

block of W. Texas Street was abandoned to Mr. Rob Barry of 1030 S. French.

Alternatives

N/A

FIELD NOTES

Page 1 of 2

Barry Homestead Addition

to the City of Denison, Texas0.794 Acres

in the

P. C. Martin SurveyAbstract No. 767

Denison, Texas 750201030 S. French Avenue

Robert & Kristine BarryOwners:

Page 2 of 2

(being a Replat of Lot 10, Block 19, Replat of Decker's Subdivision of Block No. 19,Chelsea Park Addition, Lot 3, Block 22, Gordon's Replat (a Replat of Block 22 of Decker's

Replat of Chelsea Park Addition and that portion of Texas Street shown hereon)

Barry Homestead Addition

to the City of Denison, Texas

(being a Replat of Lot 10, Block 19, Replat of Decker's Subdivision of Block No. 19, Chelsea ParkAddition, Lot 3, Block 22, Gordon's Replat (a Replat of Block 22 of Decker's Replat of Chelsea Park

Addition and that portion of Texas Street shown hereon)

Date of Revision: July 9, 2019


Staff Report

Agenda Item

Receive a report, hold a discussion, conduct a public hearing, and make a recommendation to change

the zoning of the subject property from Commercial to Single Family 5 located at 116 E Morton,

Denison, Texas 75021. (Case No. 2019-048Z).

Staff Contact


[email protected]

903-647-5566

Summary

The applicant is requesting to rezone the property from Commercial to SF-5.

Area is largely developed as residential with some nearby Industrial buildings to the South.

Future Land Use Plan designates are as Neighborhood.

Staff recommends approval.


Staff recommends approval of the request. While the property is currently zoned Commercial, the area

is largely engaged in Single Family use. According to the Denison 2018 Comprehensive Plan, Single

Family homes are considered appropriate land use in the neighborhood.

Recommended Motion

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

Commercial to Single Family 5."


The applicant is requesting a change in zoning from Commercial to Single Family-5 for the property

located at 116 E Morton. The surrounding area has developed as largely residential, with a mix of

Commercial and some Industrial uses to the South and East of the property.

The Future Land Use plan designates this area as Neighborhood.


N/A


N/A

Alternatives

Not to approve the requested zoning change.


Staff Report

Agenda Item


zoning of the subject property from Single Family 7.5 to Commercial, located at 2527 Hwy 691,

Denison, Texas 75020(Case No. 2019-0498Z)

Staff Contact


[email protected]

903-647-5566

Summary

The applicant is requesting to rezone the property from SF-7.5 to Commercial.

The property is on a major collector road, which links two major arterial roads.

The structure is currently vacant.



Staff recommends approval of the request. While the property is currently zoned for single family use,

the properties adjacent to and nearby are largely developing as commercial and retail. According to the

Denison 2018 Comprehensive Plan, Highway 691 is to be developed as primarily mixed commercial

use.

Recommended Motion

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

Single Family-7.5 to Commercial."


The applicant is requesting a change in zoning from Single Family 7.5 to Commercial for the property

located at 2527 Hwy 691, Denison, Texas 75020. The adjacent property to the East is currently

occupied by a landscape/nursery retailer. Additionally, the property is less than .5 miles to the East

from new medical offices. The applicant would like to lease the current building to commercial

businesses, which will serve the nearby medical offices.


N/A


N/A

Alternatives


Rev. 4/2014

Exhibit “A” Request: To rezone the tract of land at 2527 Hwy 691, Denison, Texas from Single-Family 7.5 to Commercial.

1. The tract is located on Highway 691 between Highway 75 and Texoma Parkway. Twin Oaks Nursery, which operates a landscape supply business, is located east and north of the tract as shown on the maps attached to this application. The tract to the west is currently vacant, though the remaining tracts between the subject property and Hwy 75 are a mix of PD, Regional Retail and Commercial. The tract directly south of Hwy 691, which is located in Sherman, is being utilized in a commercial use.

The existing building located on the subject property is designed for commercial use. Also, the site is uniquely designed for commercial use with extensive parking and appropriate lighting. By prohibiting commercial use, the property will lack a productive use.

2. Yes. The requested rezoning will not affect the city’s master infrastructure plan for the area. The property is in an area of growth with the addition of medical offices and a retirement community, and the proposed use of the property will not substantially impact the existing water and sewer lines in the area.

3. Yes, there are vacant tracts in the city which are zoned commercial. However, the

subject property contains desirable buildings, large paved parking areas and a deep setback. Moreover, the property is located near the Hwy 75/691 intersection, which contains a significant population of employees. Any other vacant lots in the city would require the construction of new facilities.

4. There is significant growth near the subject property. Development has progressed from the Hwy 75/691 intersection towards the subject property. Most recently, a retirement community has begun construction under a PD approved by the city. There are commercially zoned tracts in the immediate area of the subject property.

5. There will likely be little to no effect upon such areas. This property has been operated in a commercial manner as an American Red Cross field office for several years prior to this application. The proposed zoning will be in line with the past operation and use of the property.

6. Yes. The requested zoning is very much in line with the vision and goals of the City of Denison. Commercial use is the planned future land use for this parcel as proposed by the city in the 2002 Future Land Use Plan which was highlighted in the Comprehensive Plan adopted by the city council in 2018.

7. No. The subject property will not create any issues affecting public health, safety, morals

or general welfare. The subject property has consistently been operated in the past in a

commercial manner. The requested rezoning is intended to bring the subject property in line with its most economical and productive purposes.


Staff Report

Agenda Item


zoning of the subject property from Light Industrial to Single Family 5, located at 1006 W Bullock,

Denison, Texas 75020. (Case No. 2019-034Z)

Staff Contact


[email protected]

903-647-5566

Summary

The applicant is requesting to rezone the property from Light Industrial to Single Family 5

The property is near an area largely engaged in residential use.

Current property use is residential.



Staff recommends approval of the request. While the property is currently zoned for Light Industrial

use, properties North and North East to the subject property are established Single Family units.

According to the Denison 2018 Comprehensive Plan, 1006 Bullock is to be developed as

Neighborhood.

Recommended Motion

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

Industrial to Single Family-5."


The applicant is requesting a change in zoning from Light Industrial to Single Family-5, Denison,

Texas 75020. The adjacent property to the South is currently zoned and used as Light Industrial, while

the subject property itself contains a single-family housing unit. Furthermore, there are established

Single Family homes adjacent to, and in the nearby area. The housing unit has been recently renovated

and is ready for resale.


N/A


N/A

Alternatives


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