Planning & Zoning Commission

PLANNING AND ZONING COMMISSION JULY 27, 2026 AT 4:45 P.M. 10 NORTH ROBINSON, CLEBURNE, TEXAS 76031 COUNCIL CHAMBERS OF CITY HALL A member of the general public who wishes to participate in the meeting may do so via the following options: • In person: Complete a speaker/comment registration card and turn it in to City Staff before the meeting begins or before speaking to the Commission. • Submit questions/comments online: Complete a speaker/comment registration card found on the City’s online Agenda Center. Registration cards received by 3:45 p.m. the same day will be distributed to the Commission for consideration. Pursuant to Section 551.071, Texas Government Code, the Commission reserves the right to convene in Executive Session(s) from time to time as deemed necessary during this meeting to receive advice from its attorney on any posted agenda item. CHAIR: COMMUNITY DEVELOPMENT DIRECTOR: ALBERT ARCHER, SR. SARAH BERGMAN VICE-CHAIRMAN: ASSISTANT DIRECTOR SONNY ALBERTSON OF COMMUNITY DEVELOPMENT: LIDON PEARCE COMMISSION MEMBERS: VANCE CASTLES PLANNER I: STEPHANIE PHILIPS MAKAI MARSHALL CHRIS SAUNDERS PETER SVENDSEN ASSISTANT DIRECTOR OF PUBLIC LANNY MARTINDALE WORKS: KENT CONNER CITY ATTORNEY: JENNIFER DRYSDALE STUDY SESSION – 4:45 P.M. I. Call to Order. II. Roll Call. III. Citizen Comments: An opportunity for the public to make comments or address concerns regarding any matter not posted on the agenda. IV. Update on actions taken by the City Council at their recent meetings on Planning and Zoning cases. V. Discussion of all items on the July 27, 2026, Regular Agenda. No action will be taken, and each item will be considered during the Regular Session. VI. Discuss agenda items for future Planning and Zoning Commission consideration. July 27, 2026 P&Z Meeting Notice REGULAR SESSION – 5:00 P.M. I. Call to Order. II. Roll Call. III. Citizen Comments: An opportunity for the public to make comments or address concerns regarding any matter not posted on the agenda. IV. Consent Agenda: All of the following items on the Consent Agenda are considered to be routine and self-explanatory by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of these items unless a Commission Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to City Staff prior to the beginning of the meeting. a. CONSIDER MINUTES FOR THE JULY 13, 2026, REGULAR PLANNING AND ZONING COMMISSION MEETING. V. Zoning: a. *PUBLIC HEARING* CONSIDER AN ORDINANCE AMENDING TITLE XV, “LAND USAGE,” CHAPTER 155 “ZONING,” OF THE CODE OF ORDINANCES OF THE CITY OF CLEBURNE, BY AMENDING SECTION 155.3.03. “USE CHART” TO PROHIBIT NEW CEMETERIES OR MAUSOLEUMS IN ALL ZONING DISTRICTS, CASE GC26-008. VI. Adjournment. CERTIFICATION THIS IS TO CERTIFY that the Notice of Meeting of the Planning and Zoning Commission is a true and correct copy of said Notice and that I posted said Notice on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, as well as the City’s official website at www.cleburne.net and said Notice was posted on Tuesday, July 21, 2026, by 5:00 P.M. in compliance with Chapter 551, Texas Government Code. Note: A quorum of any Cleburne board, commission, or committee may participate during this meeting. City of Cleburne By: Ivy Peterson, City Secretary Reasonable accommodations to furnish auxiliary aids or services for persons with special needs will be provided when at least two working days’ notice is given. Contact the City Secretary’s office at (817) 645-0908 or by fax at (817) 556-8848.  CITY OF CLEBURNE PLANNING AND ZONING COMMISSION MINUTES OF THE JULY 13, 2026 MEETING THIS IS NOT A VERBATIM TRANSCRIPTION The Planning and Zoning Commission (P&Z) of the City of Cleburne met in open session on Monday, July 13, 2026, at 5:00 p.m. in the Council Chambers of City Hall, located at 10 N. Robinson Street, Cleburne, TX. Planning and Zoning Commission meetings are open to the public. COMMISSION MEMBERS PRESENT: Albert Archer Sr. – Chairman Vance Castles Stephanie Philips Chris Saunders Lanny Martindale Peter Svendsen COMMISSION MEMBERS ABSENT: Sonny Albertson – Vice-Chairman CITY STAFF PRESENT: Sarah Bergman, Director of Community Development Lidon Pearce, Assistant Director of Community Development Makai Marshall, Planner I Kent Conner, Assistant Director of Public Works Jennifer Drysdale, City Attorney STUDY SESSION CALL TO ORDER: The meeting was called to order by Chairman Archer at 4:50 p.m. It was established that a quorum was present. CITIZEN COMMENTS: There were no citizen comments at this meeting. STUDY SESSION: The Planning and Zoning Commission discussed the following items during study session: i. Update on actions taken by the City Council at their last meetings on Planning and Zoning cases. ii. Discussion of all items on the July 13, 2026, agenda. No action was taken, and each item was considered during the Regular Session. iii. Discuss agenda items for future Planning and Zoning Commission consideration. The study session adjourned at 4:53 p.m. REGULAR SESSION CALL TO ORDER: The meeting was called to order by Chairman Archer at 5:00 p.m. It was established that a quorum was present. CITIZEN COMMENTS: There were no citizen comments at this meeting. CONSENT AGENDA: a. CONSIDER MINUTES FOR THE JUNE 8, 2026, REGULAR PLANNING AND ZONING COMMISSION MEETING. Commissioner Castles made a motion to approve the consent agenda as presented. Commissioner Svendsen seconded the motion. The motion to approve the consent agenda as presented carried by a vote of 6-0. ZONING: a. *PUBLIC HEARING* CONSIDER A REQUEST TO REZONE ±138.31 ACRES ADDRESSED AS 2861 WEATHERFORD HIGHWAY, FROM SINGLE-FAMILY DWELLING (SF-6) DISTRICT TO INDUSTRIAL (I) DISTRICT, CASE ZC26-011. Lidon Pearce, Assistant Director of Community Development, presented the case and briefed the Commission on the request. In response to questions from the Commission, Mr. Pearce and Mr. Conner stated the following: - The Industrial District allows a wide range of uses by right, such as warehouse and distribution facilities; however, uses such as data centers or batching plants would still require approval of a Specific Use Permit (SUP). - Based on preliminary conceptual plans provided to staff, the proposed use of this property would be a warehouse/distribution facility. - The applicant does not have an end user under contract; therefore, because the final site layout and design may change based on the future user, a straight rezoning request was submitted for the property, rather than a Planned Development (PD) District. - This proposed development would be required to comply with the intent of the Master Thoroughfare Plan (MTP) by providing the required north-south roadway extension of Cattleman Drive. - A Traffic Impact Analysis (TIA) will likely be required based on the proposed use and access to a TxDOT roadway, Weatherford Highway. There being no further questions or comments for staff, Chairman Archer opened the public hearing. Mark Allen, 500 W. 7th Street, Suite 1220, Fort Worth, applicant for this request, came forward and stated that he initially pursued the existing SF-6 zoning for this property because it was consistent with the Future Land Use Plan at the time, prior to Amazon locating in Cleburne. Jay Holman, 14801 Quorum Drive, Suite 110, Dallas, came forward and stated the following: - His intent is to purchase the property and market it for development, although no end user has been identified at this time. - This development will likely include a warehouse exceeding 1,000,000 square feet to be occupied by a single user, or leased to multiple tenants. David Shipman, 139 W. Ellison, Burleson, came forward and stated the following: 2  - A straight rezoning request was submitted because no tenant has been identified. As a result, the applicant cannot determine the final site layout at this time, but the proposed development will comply with all requirements of the Zoning Ordinance. There being no one else wishing to speak on this item, Chairman Archer closed the public hearing and called for a motion. Commissioner Philips made a motion to recommend approval of the request as presented. Commissioner Svendsen seconded the motion. The motion carried by a vote of 6-0. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:43 P.M. 3 Commission Report Meeting Date: July 27, 2026 Presenter Name & Title: Sarah Bergman, Director of Community Development Contact Email: sarah.bergman@cleburne.net Classification: ☐ Presentation ☐ Consent ☒ Action ☒ Public Hearing ☐ Discussion ☐ Executive Session AGENDA TEXT Item Title: *PUBLIC HEARING* CONSIDER AN ORDINANCE AMENDING TITLE XV, “LAND USAGE,” CHAPTER 155 “ZONING,” OF THE CODE OF ORDINANCES OF THE CITY OF CLEBURNE, BY AMENDING SECTION 155.3.03. “USE CHART” TO PROHIBIT NEW CEMETERIES OR MAUSOLEUMS IN ALL ZONING DISTRICTS, CASE GC26-008 Item Description: The proposed amendment to Chapter 155 “Zoning” of the Code of Ordinances updates the Use Chart to clarify that new cemeteries or mausoleums are prohibited within the city limits in accordance with Chapter 711 of the Texas Health and Safety Code. This amendment has been initiated at the direction of the City Council in order to ensure consistency between the City’s Zoning Ordinance and state law and to promote public health, safety, and welfare. The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for consideration at its July 28, 2026 meeting. DETAILED COMMISSION REPORT Background & Technical Analysis: Cemeteries are regulated under Chapter 711 of the Texas Health and Safety Code. Section 711.008 generally prohibits the establishment or operation of a new cemetery, or use of any land for the interment of human remains, within the boundary or a two-mile radius of a municipality with a population between 25,000 and 50,000, with certain limited exceptions. The City’s Zoning Ordinance currently lists Cemetery or Mausoleum as a permitted use in all zoning districts, as shown in Figure 1 and defined below, creating an inconsistency between the Zoning Ordinance and the Texas Health and Safety Code. Cemetery or Mausoleum: Property used for the interring of the dead. Figure 1: Use Chart Proposed Amendment: The proposed amendment to Chapter 155, as shown in Figure 2 below, prohibits the establishment of new Cemeteries or Mausoleums in all districts, thereby improving consistency with Chapter 711 of the Texas Health and Safety Code. Existing cemeteries or mausoleums lawfully established prior to this amendment are considered nonconforming and are authorized to continue in accordance with Section 155.3.07, Nonconformities, and applicable state law. Figure 2: Proposed Amendment to Use Chart Public Hearing Notifications: Notice of this proposed amendment and public hearing was provided in accordance with state law and the City’s Code of Ordinances, including publication in the newspaper and on the City’s website. As of the writing of this report, staff has not received any written correspondence in support or opposition to this request. Previous Council Discussion/Action: In June 2026, the City Council directed staff to bring forward this amendment for consideration and public hearing. Board/Commission Recommendation: N/A Exhibits: Draft Ordinance FISCAL IMPACT Cost and Budget Details: N/A Source (Acct Description & #’s): N/A ☐ Budgeted Expenditure ☐ Budget Amendment Required ☒ No Budget Impact ☐ One-Time ☐ Recurring ☐ Generates Revenue  ORDINANCE (DRAFT) NO. OR07-2026- AN ORDINANCE AMENDING CHAPTER 155, “ZONING,” OF TITLE XV, “LAND USAGE,” BY AMENDING SUBSECTION 3.03 “USE CHART,” OF SECTION 155.3 “ZONING LAND USE REGULATIONS,” OF APPENDIX A, “ZONING ORDINANCE,” TO REFLECT THE PROHIBITION OF CEMETERY OR MASOLEUM IN ALL DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cleburne, Texas (“City”), is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council is authorized under the Texas Local Government Code to regulate land use, buildings, and business operations within the City in order to protect public health, safety, and welfare; and WHEREAS, the establishment of new cemeteries and mausoleums, as that term is defined in the Code of Ordinances, is regulated by the State of Texas, pursuant to Chapter 711 of the Texas Health and Safety Code; and WHEREAS, the City Council finds that prohibiting the establishment of new cemeteries or mausoleums is a reasonable and necessary measure to ensure compliance with state law and to protect public health, safety, and welfare; and WHEREAS, public notice was given of the zoning text amendment as required by state law; and WHEREAS, a public hearing of the Planning and Zoning Commission, at which parties in interest and citizens had an opportunity to be heard, was held on the 27th of July, 2026, after due notice in the manner provided by law; and WHEREAS, the Commission made a report to the City Council of the City of Cleburne, Texas with a recommendation for approval of the zoning text amendment by a vote of ____; and WHEREAS, a public hearing in relation hereto at which parties in interest and citizens had an opportunity to be heard was held by the City Council of the City of Cleburne, Texas on the 28th of July, 2026, after due notice in the manner provided by law; and Ch. 155 Amendment – Cemeteries Page 1  WHEREAS, the City has complied with all requirements of Chapter 211 of the Texas Local Government Code, the Zoning Ordinance of the City, and all other applicable laws governing notice, publication, and procedural requirements for the amendment of zoning regulations; and WHEREAS, the City Council has determined that it is in the best interest of the public health, safety, and general welfare of the City and its citizens to prohibit the establishment of new cemeteries or mausoleums within the City and to amend the Zoning Ordinance to prohibit cemeteries and mausoleums in all districts of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEBURNE, THAT: SECTION ONE. Section 155.3, “Zoning Land Use Regulations,” of Appendix A, “Zoning Ordinance,” of Chapter 155, “Zoning,” of Title XV, “Land Use,” of the Code is amended by revising subsection 3.03 “Use Chart,” by amending “Cemetery or Mausoleum” as follows: Legend for A SF- SF- SF- SF- MF- MF- NC LC RC MU CI I D Parking Use Chart, 6 7 10 20 1 2 Requirements see subsection 3.01 Cemetery or Mausoleum ” SECTION THREE. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Cleburne, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION FOUR. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION FIVE. Any person, firm, or corporation violating any of the terms and provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Section 10.99 of the Code. Each day that a violation is permitted to exist shall constitute a separate offense. Ch. 155 Amendment – Cemeteries Page 2 SECTION SIX. The City Secretary of the City of Cleburne, Texas, is directed to publish the caption, including the penalty of this Ordinance at least once within 10 days after its passage in the official newspaper of the City of Cleburne, Texas, as authorized by Section 3.16 of the Cleburne City Charter. SECTION SEVEN. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of Cleburne, Texas, or any other ordinances affecting the matters regulated herein that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION EIGHT. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED this the 28th day of July, 2026 at a Regular Meeting of the City Council of the City of Cleburne, Texas CITY OF CLEBURNE: ___________________________________ Derek Weathers, Mayor ATTEST: _______________________________ Ivy Peterson, City Secretary Ch. 155 Amendment – Cemeteries Page 3