Planning & Zoning Commission

CITY OF DENISON PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, July 28, 2026 After determining that a quorum is present, the Planning and Zoning Commission of the City of Denison, Texas will convene in a Regular Meeting on Tuesday, July 28, 2026, 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. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS Citizens may speak on action items listed on the Agenda. A “Request to Speak Card” should be completed and returned to the Deputy City Clerk upon arrival, prior to the Commission reaching the Public Comment section of the agenda. Citizen comments are limited to three (3) minutes, unless otherwise required by law. Comments related to the Public Hearings listed below, if any, will be heard when the specific hearing starts. 4. CONSENT AGENDA A. Receive a report, hold a discussion, and take action on approving the Minutes from the regular Planning and Zoning Commission Meeting held on July 14, 2026. B. Receive a report, hold a discussion, and take action on a Preliminary Plat for the Cross Woodlawn Addition. (Case No. 2026-65PP) 5. PUBLIC HEARINGS A. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request to rezone approximately ± 2.049 acres of land, legally described as being situated in the R. J. Ayers Survey, Abstract No. 48; commonly known as 7102 FM 1417, from the A – Agriculture District to the LI – Light Industrial District. (Case No. 2026-59Z) Page 1 of 59  B. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request for a Conditional Use Permit (CUP) to allow for the operations of The Rusty Chicken at The Rialto, a live music venue, under the use of Dance Hall or Nightclub, located at property commonly known as 424 W. Main Street. (Case No. 2026-63CUP). C. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request for a Conditional Use Permit (CUP) to allow for a warehouse/office for property located at 3101 Woodlawn Boulevard. (Case No. 2026-64CUP). 6. STAFF UPDATES 7. ADJOURNMENT CERTIFICATION I do hereby certify that a copy of this Notice of Meeting was posted on the front window 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 July 2026. ______________________________ Karen L. Avery, Deputy City Clerk In compliance with the Americans with Disabilities Act, the City of Denison will provide for reasonable accommodations for persons attending City Council 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. Page 2 of 59  CITY OF DENISON PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, July 14, 2026 1. CALL TO ORDER Announced the presence of a quorum. Vice Chair Robert Sylvester called the meeting to order at 10:00 a.m. Present for the Commission were Vice Chair Robert Sylvester, Commissioners Kurt Cichowski, Angela Harwell, Ernie Pickens, and Alternate Commissioners Linda Anderson and George Mason. Chair Charlie Shearer was absent. Present for staff were Dianne York, Planning Manager; Justin Castleberry, Planner; Felecia Winfrey, Development Coordinator; Amanda Parsons, Director of Parks and Recreation; Kirk J. Kern, Chief Building Official; Harlan Owens, Fire Marshal; Fanchon Stearns, Assistant Director of Public Works-CIP/Engineering; and Karen L. Avery, Deputy City Clerk. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Vice Chair Sylvester, followed by the Pledge of Allegiance led by Commissioner Cichowski. 3. PUBLIC COMMENTS No comment cards were returned to staff; therefore, public comments were not received. 4. CONSENT AGENDA A. Receive a report, hold a discussion, and take action on approving the Minutes from the regular Planning and Zoning Commission Meeting held on June 9, 2026. Commission Action On motion by Commissioner Cichowski, seconded by Commissioner Pickens, the Planning and Zoning Commission approved the Consent Agenda. 5. PUBLIC HEARINGS A. Receive a report, hold a discussion, conduct a public hearing and make a recommendation on a text amendment to the City of Denison’s Code of Ordinances, Chapter 28, being the Comprehensive Zoning Ordinance, specially amending Article III – Zoning Districts, Section 28.39. CA – Central Area District and Section 28.47. CH – Commercial Historic Overlay District, Article IV – Use Regulations, Section 28.49. – Use Regulation (Charts) and Article VI – Definitions, Section 28.63 – Definitions to comply with House Bill 2844 relating to Mobile Food Vendors. (Case No. 2026-61ZO) Page 3 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 2 of 13 Commission Action Dianne York, Planning Manager, presented this agenda item. Ms. York stated the proposed amendments to Chapter 28 – Zoning of the City of Denison’s Code of Ordinances will allow for consistency between Chapter 28 and House Bill 2844 related to Mobile Food Vendors. House Bill 2844 (89th Texas Legislature) fundamentally changes how mobile food vendors are regulated in Texas by shifting food safety permitting and inspections from local governments to the State through a new licensing program administered by the Texas Department of State Health Services (DSHS). Full implementation occurred July 1, 2026. As of July 1, 2026, the City may not require or issue local permits for mobile food vendors. However, the City does retain authority as to zoning and land use, in addition to fire code compliance. As the City retains zoning authority for this use type, language within Chapter 28 must be amended to align with the designation of mobile food vendors found within House Bill 2844. Currently, language within Chapter 28 refers to mobile food vendors as “mobile food units.” To remain consistent with the House Bill language, staff is amending this use type to reflect the designation of “mobile food vendors.” This amendment will allow for designation consistency between the City’s Zoning Ordinance and House Bill 2844. Commissioner Cichowski stated that the City Council approved the compliance-related amendments in June and that the item before the Commission addressed the corresponding zoning amendments. Vice Chair Sylvester asked if there was anyone who wished to speak on this item, to which there were none. With that, the Public Hearing was closed. On motion by Commissioner Pickens, seconded by Commissioner Harwell, the Planning and Zoning Commission recommended approval of the proposed amendments to Chapter 28 – Zoning. B. Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request for Right-of-Way (ROW) abandonment of a portion of the right-of-way which is part of the Brookhaven Estates and Green Acres 3rd Addition, adjacent to property commonly known as 2301 Brookhaven Drive. (Case No. 2026-53ROW) Before presenting Item 5.B, Vice Chair Sylvester announced that he would need to recuse himself from this item due to a conflict of interest. Vice Chair Sylvester left the dais and Council Chambers at 10:06 a.m. Commissioner Pickens was designated as Acting Chair for Item 5.B. Commission Action Dianne York, Planning Manager, presented this agenda item. Ms. York stated that the Applicant has submitted a petition for right-of-way (ROW) abandonment for two tracts of land adjacent to their property located at 2301 Brookhaven Drive. The two tracts of land consisting of approximately 0.347 acres of land, are located along the east and south side of the subject property. Tract One consists of 0.187 acres and is dedicated as Page 4 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 3 of 13 a 30 – foot right-of-way via the plat of Brookhaven Estates and is located along the southern side of the subject property. Tract Two consists of 0.160 acres and is dedicated as Edwards Drive, a 50 –foot right-of-way, via the plat of Green Acres 3rd Addition and is located along the east side of the subject property. The Applicant has indicated that the request is intended to improve the appearance of the property, reduce maintenance concerns and incorporate the area into the adjoining residential lot. Under Texas law, the abandonment of public right-of-way is a discretionary legislative action of the City Council and is not required solely because a dedicated roadway was never constructed. In considering such requests, the City must determine whether the right-of-way continues to serve a public purpose and whether abandonment is in the best interest of the public. Following review by the Planning, Engineering and Parks and Recreation Divisions, staff finds that the subject rights-of-way continue to serve multiple important public functions and should remain under current ownership. The Applicant has indicated that the requested abandonment would allow the rights-of-way to be cleaned, maintained, and incorporated into the adjoining residential property to improve aesthetics, address perceived safety concerns, and reduce municipal maintenance obligations. While staff understands these objectives, the subject rights-of-way serve purposes that extend beyond routine maintenance. Engineering staff identified existing drainage channels, sanitary sewer infrastructure, floodplain considerations, and erosion hazards within both rights-of-way that require continued public access and protection. Two drainage channels are located in both of the rights-of-way. The southern channel picks up drainage from the neighborhood, including an approximately 8” drainage pipe outfall that runs alongside the improved soft surface trail. The eastern channel is part of a larger FEMA and City floodplain as defined by Section 2.G. of the Public Works Design Manual. While portions of the rights-of-way remain in a natural state, staff finds that this condition is intentional and consistent with the City's long-term management of Waterloo Lake Regional Park. Since transitioning from a municipal reservoir to a public park in the early 1900s, Waterloo Lake Regional Park has served as one of Denison's longstanding recreational and natural resources. Over the decades, the City has continued to invest in the park through improvements that enhance public recreation while preserving its natural landscape and environmental features. The surrounding area has evolved over time while Waterloo Lake Regional Park has remained a defining recreational and environmental feature of this portion of the city. Today, Waterloo Lake Regional Park continues to be a cherished community asset and has received statewide recognition for its preservation efforts. The existing vegetation within the subject right-of-way provides important public benefits beyond aesthetics, including erosion control, habitat preservation, water quality protection, and viewshed buffering between adjacent residential properties and the public trail system. Staff finds that altering or privatizing this corridor would diminish the recreational experience of the park and trail users and would be inconsistent with the City's long-standing stewardship of Waterloo Lake Regional Park. Additionally, staff finds that the Applicant has not demonstrated that the request satisfies the approval prerequisites established in Section 21-84(a) of the City of Denison Code of Ordinances. Specifically, the right-of-way continues to be utilized for public purposes through recreational access, drainage, utilities, and environmental preservation. Because these public functions remain active, staff finds Page 5 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 4 of 13 that a continued public need exists for the property and that abandonment would not be in the public’s best interest. The requested right-of-way continues to provide substantial public benefit through its function as part of the Waterloo Lake Regional Park trail corridor, municipal drainage system, utility network, and environmental preservation area. The property is actively serving public purposes, and staff finds that continued public ownership best protects these resources while preserving the recreational character and natural landscape of Waterloo Park. Furthermore, the Applicant has not demonstrated compliance with the approval criteria contained in Section 21-84(a) of the City of Denison Code of Ordinances. Accordingly, staff finds that abandonment of the right-of-way would not be in the public’s best interest and recommends denial of the petition. Commissioner Cichowski explained the area and the tracks in question for the audience and for those intending to comment. Acting Chair Pickens inquired if the property is designated around floodplain. Assistant Director of Public Works Fanchon Stearns explained that the handout provided to the Commission was prepared by staff when the request was initially received by the Public Works Department. The first page contains a LiDAR (Light Detection and Ranging) image with parcel boundaries overlaid, illustrating the drainage patterns in the area that Ms. York referenced during her presentation. The image identifies the portion of the tract labeled "City of Denison" on the east side, as well as the Skelton Donald tract to the south, both of which are included in the area under consideration. The next page shows the City's GIS utility map, which identifies existing water and sewer infrastructure. Water lines are depicted in blue and sewer lines in green. A sewer line, shown as a light green line running through the wooded area on the east side of the map, is active, correctly located, and appears to be within the area being considered. The reverse side of the utility map provides a clearer view by removing the satellite imagery and tree cover. It also depicts the approximate limits of the FEMA Zone A floodplain. The speaker noted that because the FEMA Zone A floodplain is approximate, the LiDAR data provides a more accurate representation of the areas that may experience flooding during storm events. The remaining pages include photographs taken during staff's sewer investigation and drainage assessment. The photographs show the existing trail, the bridge crossing the drainage channel, the drainage outlet referenced by Ms. York, and the area immediately behind the subject property within the proposed abandonment area, providing a visual representation of existing field conditions. In response to Acting Chair Pickens’ questions, Ms. Stearns stated that the sewer line to the east – even through outside of Track Two – could be affected by it. Before opening the Public Hearing, Acting Chair Pickens read into the record the letters in support and opposition submitted to staff prior to the meeting. Ms. York confirmed that the letters were from residents within 200 feet of the subject property. Letters received as follows: • Letter in support – Todd Thompson, 2311 Brookhaven Dr. • Letter in opposition – Glenn and Mary Atkinson (no address listed) • Letter in opposition – Sandra K. Sparks, 2507 Brookhaven Dr. • Neutral Position Letter – Keith and Barbara Hartline, 2308 Brookhaven Dr. Page 6 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 5 of 13 Acting Chair Pickens asked if there was anyone who wished to speak on this item. Ms. Beverly Rushing came forward and provided the following information for the record: Name: Ms. Beverly Rushing, Applicant Address: 2301 Brookhaven Drive Denison, TX 75020 Ms. Rushing stated that her sole objective in acquiring the right-of-way is to clean and maintain the area, making it more accessible to the public. She explained that the right--of-way has not been maintained for approximately 54 years and that she wanted to improve its appearance while preserving the surrounding neighborhood, which she described as desirable with excellent neighbors. Ms. Rushing stated that she had previously asked the City to clean and maintain the area and, alternatively, requested permission to maintain it herself, but both requests were denied. Ms. Rushing noted that she carries substantial liability insurance and has staff available to perform the maintenance. Ms. Rushing further stated that her intent was to remove overgrown trees and shrubbery that had accumulated over many years while leaving the adjacent park property intact. She explained that, even if the requested right-of-way were cleaned and maintained, approximately 25 feet of park property would remain under City ownership. Ms. Rushing stated that she has obtained an appraisal of the property and reiterated that her goal was to assume responsibility for maintaining the right-of-way so it would be kept in a clean and well-maintained condition rather than relying on the City for its upkeep. Commissioner Cichowski asked for clarification regarding the pathway being discussed, confirming that it referred to the dirt path rather than the concrete walkway. He noted observing several dirt bikes using the path during a recent site visit and further noted that the eastern portion of the path contains flagstones. Ms. Rushing confirmed that it is the dirt path on the right-of-way. Commissioner Cichowski stated that the stone bike trail is part of the improved portion of the park. He further stated that the dirt path being referenced is located within the subject tract and includes some flagstones near the eastern side of the area where Brookhaven Drive enters. Ms. Rushing stated that the trail being discussed is located within the park area. She noted that two cables cross the roadway to restrict vehicle access, with the first cable located outside the park boundary and the second cable marking the beginning of parkland. She further stated that that the trail is located just north of the first cable, which identifies the park boundary. Commissioner Cichowski confirmed that they are in agreement. Commissioner Cichowski then requested Ms. Rushing to elaborate on what is intended by “cleaning up.” Ms. Rushing clarified that the cleanup efforts would be limited to the 30-foot right-of-way area and would not include any park property. She stated that no trees would be removed from the park and that the intent is to remove overgrown shrubbery, fallen trees, and invasive vegetation within the right-of-way area to improve its appearance and accessibility. Ms. Rushing explained that the goal is not to remove all underbrush, but rather to maintain a natural appearance while addressing areas that have become overgrown and Page 7 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 6 of 13 unsightly. She further stated that improvements could include creating a more inviting pathway into the park area, potentially adding landscaping and benches within the right-of-way. Ms. Rushing reiterated that the focus is solely on maintaining and improving the right-of-way and not altering park property. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Mr. Noah came forward an provided the following information for the record: Name: Mr. Chris Noah, Applicant’s Surveyor Preston Trail Land Surveying Address: 787 FM996 Pottsboro, TX 75076 Mr. Noah addressed several points in response to the initial submittal and provided clarification regarding the right-of-way requests. He explained that both rights-of-way were dedicated for street purposes, which includes utilities and drainage, but were not dedicated as parkland. Mr. Noah stated that if the City were to abandon the rights-of-way, the City would not lose its ability to retain necessary easements. For example, the sewer line could be protected through a sewer easement, the portion of Tract Two located within the flood zone could be retained as a drainage easement, and the portion where the existing dirt trail extends into Tract One could be retained through a trail easement. Mr. Noah further addressed the application criteria under Section 2184(A), noting that the language provides that a request must be in the public interest based on as many of the listed prerequisites as may be established and does not require all four criteria to be met. Mr. Noah stated that several of the criteria appear to be satisfied, including that the rights-of-way have never been used as streets, are not accessible as streets due to their location, and are unlikely to ever be developed as streets. Mr. Noah clarified that the criteria apply broadly to the abandonment of streets, alleys, and easements, and reiterated that the Applicant is not required to satisfy every listed criterion. Ms. Rushing addressed a question regarding the southern portion of the property and stated that the intent is to clean up the area and improve its appearance for the surrounding neighborhood and park users. She explained that the eastern side of the property would only receive general maintenance, such as removing leaves and keeping the area tidy, and that no other improvements or alterations are planned for that area. Ms. Rushing further addressed concerns regarding the referenced sewer line, stating that access to the park area is extremely limited due to the heavily wooded conditions and that any significant work in the area would require specialized equipment, such as a dozer, loader, and wood chipper, to access and complete the work. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Ms. Amanda Parsons came forward an provided the following information for the record: Page 8 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 7 of 13 Name: Amanda Parsons, Director of Parks and Recreation City of Denison Address: 300 W. Main Street Denison, TX 75020 The Parks and Recreation Director, Amanda Parsons, introduced herself and thanked the Board for the opportunity to speak. Ms. Parsons provided information regarding the City’s Parks and Recreation Master Plan, noting that park management decisions are guided by adopted planning documents developed through extensive public engagement processes. She explained that Waterloo Park is a unique asset within the City’s park system and has its own specific master plan. Ms. Parsons stated that the area in question is intentionally designed as a natural, soft-surface area and is specifically identified in the Master Plan as a wooded and forested area. She explained that this approach reflects the community’s desire to preserve the area’s natural character and supports the creation and preservation of forested and wooded trails. Ms. Parsons further explained that maintaining a healthy forest ecosystem requires a variety of natural elements, including living and dead vegetation, fallen trees, and underbrush. She acknowledged that some individuals may view these natural features as clutter or untidiness; however, she stated that they serve an important ecological purpose and are consistent with accepted park and urban forestry management practices. She noted that vegetation such as poison ivy, while undesirable to some, also serves a role within the natural environment. Ms. Parsons emphasized that the City focuses on maintaining the intended design and purpose of each park area, and not every space is intended to be developed or actively used for recreation. She stated that areas such as the subject property are intentionally preserved and that the existing conditions are not the result of neglect, but rather deliberate management practices focused on preserving natural features while addressing safety and accessibility concerns. Ms. Parsons stated that she understands why someone would find the property appealing; however, she noted that this is not the first request involving park property and may not be the last. She emphasized that the decision involves more than just the specific area under consideration and includes protecting the park system, the public’s interest, and the community’s ability to enjoy the space as intended. Ms. Parsons concluded by stating that the City continues to perform necessary maintenance, including addressing tree-related concerns along trails and areas intended for public use. She offered to provide a copy of the Parks and Recreation Master Plan and stated that she was available to answer any questions. Acting Chair Pickens asked whether the area is managed consistently with other natural landscape areas within the City’s park system, including whether natural processes are allowed to occur, such as leaving fallen trees in place and allowing nature to take its course. Ms. Parsons confirmed that the area is managed consistently with other natural landscape areas throughout the park system. She explained that the central portion of the park, including the lake area and the surrounding trail system extending from the far northeast to the far west portions of the park, is maintained using the same natural management practices. She stated that areas designed for active recreation, such as Page 9 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 8 of 13 trails, are maintained for safety, hazard mitigation, aesthetics, and accessibility. However, areas outside of those designated recreational spaces are intentionally managed to support a healthy wooded ecosystem and are not intended to be maintained as manicured park areas. Ms. Parsons explained that fallen trees and other natural elements are allowed to remain in place because they serve an important ecological purpose. Acting Chair Pickens asked if this is maintained consistently in all the areas that are designated the same. Ms. Parsons stated that every park has its own unique standards and management considerations. Loy Lake Park is currently the only park within the Denison park system that has a dedicated guiding plan. While the goal is to eventually have similar plans for all parks, this particular park was significant enough within the system to warrant its own specific plan. In general, each park is designed and managed according to its individual characteristics, intended purpose, and community needs. Commissioner Harwell stated that the survey identifies a proposed trail easement along the south end of the property and asked what the anticipated timeline is for that trail and is there an established plan or schedule for when the proposed trail improvements would take place. Director Parsons stated that their department is not supportive of granting an easement in this area. If an easement were established, the existing trail in that portion of the property would likely need to be removed. Director Parsons stated that they would not support taking on the responsibility of managing an easement, as they already manage this area and believe an easement would create additional challenges and make management more difficult. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Mr. Keith Hartline came forward an provided the following information for the record: Name: Mr. Keith Hartline Address: 2308 Brookhaven Drive Denison, TX 75020 Mr. Hartline stated that he was not here to speak against the request, but is seeking clarification. Although everyone is referring to this area on the map, Mr. Hartline stated the he is having difficulty understanding exactly what portion of the property is being discussed. To simplify the question, he asked if someone could clarify how much distance from the existing property line would be impacted, dedicated, or surrendered for the proposed use. Planning Manager York stated that it would be 30 feet. Mr. Hartline stated that Ms. Rushing indicated that her intent was to clean up the area; however, she did not mention installing a fence. Mr. Hartline stated that his concern is that once the property is transferred, a future owner could choose to fence off the area, which could change its current character. He stated that in the 23 years that he has lived here, this is the first time he has heard anyone describe this area as an eyesore. Mr. Hartline stated that he views it as a natural space that provides both a visual and sound buffer from activities in the park near the pavilions and fishing pond, which is an important part of the character of the community. Additionally, Mr. Hartline stated that he has concerns about the City’s ability to access and maintain the sewer line in that area. He stated that, as he understands it, there is a manhole Page 10 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 9 of 13 located within the area being considered for transfer that is accessed regularly for maintenance purposes. Mr. Hartline stated that he is here primarily to gain additional information and better understand the request. He stated that he appreciates the work of City staff in reviewing this matter, and appreciates the new property owner taking an interest in the area and becoming part of the neighborhood. Mr. Hartline stated that he has lived there for many years and values the character and current condition of the neighborhood – and he likes it the way it is. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Mr. Shane Davis came forward an provided the following information for the record: Name: Mr. Shane Davis Address: 2300 Brookhaven Drive Denison, TX 75020 Mr. Davis requested clarification regarding the area Ms. Rushing was seeking to acquire and whether it was intended to serve as a future roadway right-of-way. Commissioner Cichowski clarified that there are currently no plans to construct a road in that area. Mr. Davis acknowledged that there is no current plan but noted that future development could occur, and if a developer were to propose a roadway in the future, the existing area could potentially be cleared as part of that development. Mr. Davis stated that the point he wanted to emphasize is the potential future impact of this property. A developer could potentially acquire the land and create an opportunity for an addition or future development. Coming from the Dallas area, he stated that he has seen situations where areas that were once open space or grassland were later converted into roadways, significantly changing the character, aesthetics, and overall dynamics of the site. It is important to keep in mind that the property currently serves as a designated right-of-way for a potential future road. Ms. Rushing’s request is to acquire the property and maintain it as a natural area. Mr. Davis stated that he just wanted to ensure there is clarity regarding the current designation of the property and the potential implications of changing its ownership. There is another potential alternative that could occur in the future, depending on how Denison continues to grow. Mr. Davis stated that before he purchased his home, a tree fell on the previous owner. It narrowly missed the house he later purchased but caused significant damage and required substantial cleanup from the greenbelt area and drainage easement behind 2300 Brookhaven. He stated that he understands the desire to clean up and maintain the area. While he did not personally have to deal with the tree removal, the previous owner did, and he can understand the concerns regarding the potential for trees or other hazards from the area impacting adjacent private property. Mr. Davis stated that his main point is to seek clarification regarding the existing right-of-way designation, how the property is currently configured, and what potential uses could be allowed in the future beyond the use being requested today. Mr. Davis stated, that from his perspective, he supports Ms. Rushing’s request because he’d rather see it cleaned up than a street come through in the future. Page 11 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 10 of 13 Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Mr. Keith Hartline again came forward an provided the following information for the record: Name: Mr. Keith Hartline Address: 2308 Brookhaven Drive Denison, TX 75020 Mr. Hartline stated that he doesn’t believe there is a feasible way for a road to be constructed in that location. To the west of the area, the property transitions into a floodplain that extends down to the creek, which is part of the park property. Even if a roadway were extended toward Holland Drive, there does not appear to be a practical connection point, as there are existing homes on both sides of the creek and no ability to develop through the park property. Additionally, there would be no reasonable access route from the opposite side of the park. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Ms. Sandra Sparks came forward an provided the following information for the record: Name: Ms. Sandra Sparks Address: 2507 Brookhaven Drive Denison, TX 75020 Ms. Sparks stated that she is amazed this request has progressed to this point. This area serves as the backdrop for Waterloo, and while she understands the concerns that have been expressed, sometimes certain places have value simply because of what they are and the character they provide. Ms. Sparks stated that she believes this area should remain as it is for the benefit of Waterloo and the overall experience of the park. It serves as a natural backdrop and contributes to the atmosphere of the area. Ms. Sparks stated that she enjoys walking back there among the brush and fallen trees, and her grandchildren have explored that area as well. She has also seen other children enjoying the space. Ms. Sparks stated that she believes having areas like this within our community is important and worth preserving. Acting Chair Pickens asked if there was anyone else who wished to speak on this item. Mr. John Munson came forward an provided the following information for the record: Name: Mr. John Munson Address: 1127 W. Morton Street Denison, TX 75020 Page 12 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 11 of 13 Mr. Munson stated that he was involved in the transaction when Ms. Rushing purchased the property, and he is aware that there is a 30-foot easement designated for a future roadway, as well as a power line easement. While the power line easement could potentially be relocated, he suggested early on that the area be evaluated using guidelines similar to those used by the U.S. Army Corps of Engineers for Lake Texoma properties. Those guidelines recognize that while unauthorized clearing or removal of vegetation is not allowed, property owners can perform selective trimming to improve visibility and maintain the area. Mr. Munson stated that, in his opinion, that is the type of maintenance being discussed here. If you look at the current condition of this area, the vegetation has become so dense that it is nearly impassable for children or others trying to access the space south of the house. The poison ivy and overgrown vegetation are significant, with some areas reaching several feet in height. The rest of the park does not have this same level of overgrowth. In fact, several years ago, park staff cleared and maintained the area across the street from the house to improve visibility and allow for proper maintenance while preserving the existing trees. The vegetation in this particular area consists primarily of dense privet, poison ivy, and heavy brush, which limits access and, in his opinion, provides little benefit to the area in its current condition. Mr. Munson stated that he has been here for several years, and during that time they worked with the Corps of Engineers on a lighting project. He was surprised to hear the suggestion that anyone would want to preserve poison ivy. He stated that he is highly allergic to it, and even mowing or weed-eating in areas where poison ivy is present can create a serious hazard. Looking at this area, there are also several dead trees, including some that remain standing. If one of those trees were to fall while someone was attempting to move through the dense brush, there could be liability concerns. There is also a large bois d'arc tree along the line of sight down the street that appears to be dying. It is approximately two feet in diameter or larger and, as he understands it, is not located within the 30-foot right-of-way. Mr. Munson stated that he is not sure what will ultimately happen to that tree, but he does know that when a large tree fell farther west near the bridge in the drainage area, the Parks and Recreation Commission Board addressed the issue. Acting Chair Pickens expressed appreciation for the comments and emphasized the importance of keeping the discussion focused on the issue before the Commission. The question is not whether the property should or could be maintained, but whether the City should relinquish or abandon its interest in the land, which also serves as a right-of-way and may have other public purposes. Acting Chair Pickens further noted that the property should not be compared to land below the 640-foot elevation at Lake Texoma, explaining that the Corps of Engineers manages that area as a floodplain specifically intended to flood. In contrast, the property under consideration is currently managed as a natural habitat and serves a different purpose. Acting Chair Pickens concluded by thanking everyone for their comments and reiterating the importance of remaining focused on the decision the Commission was being asked to make. Ms. Beverly Rushing again came forward and provided the following information for the record: Page 13 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 12 of 13 Name: Ms. Beverly Rushing, Applicant Address: 2301 Brookhaven Drive Denison, TX 75020 Ms. Rushing stated that, in response to Director Parsons' comments, the park is not managed uniformly throughout. Ms. Rushing noted that areas west of the proposed right-of-way have been cleared and are maintained by Parks staff. The area near Day Street, where the Pool and Haddock families live, was once heavily wooded, but the City has gradually cleared and maintained it over the years, which she viewed positively. Ms. Rushing also referenced an area on the opposite side of the creek near Vice Chair Sylvester's property, stating that a private individual had used bulldozers to clear trees that remain on the ground and that, to her knowledge, no enforcement action was taken. Ms. Rushing concluded that, based on these examples, the park has not been managed consistently throughout. Ms. Sandra Sparks again came forward an provided the following information for the record: Name: Ms. Sandra Sparks Address: 2507 Brookhaven Drive Denison, TX 75020 Ms. Sparks stated that if the City is willing to abandon the property in question, she would like to purchase it herself. Commissioner Cichowski noted that the Commission serves as a recommending body and expressed appreciation for the thoughtful discussion that had taken place. Commissioner Cichowski acknowledged that, regardless of the recommendation, the decision would not satisfy everyone but emphasized that the Commission's responsibility is to make the recommendation it believes is in the best interest of the City and its residents, including those directly affected. Acting Chair Pickens reminded everyone to remain focused on the specific issue before the Commission. While acknowledging the valuable testimony and the broader discussions regarding the purchase of City property and the City's maintenance of similar lands, Acting Chair Pickens emphasized that the application under consideration was limited to whether the City should abandon the property. Acting Chair Pickens noted that other proposals or related issues could be considered in the future by the Commission or City Council, but the Commission's discussion and recommendation should remain centered on the specific request presented in the application. Page 14 of 59 July 14, 2026 Planning and Zoning Commission Meeting Minutes Page 13 of 13 On motion by Commissioner Cichowski, seconded by Commissioner Harwell, the Planning and Zoning Commission recommended denial of the proposed right-of-way abandonment. (Note: Vice Chair Sylvester recused.) Vice Chair Sylvester returned to the Council Chambers and dais at 10:58 a.m. 6. STAFF UPDATES There were no staff updates. 7. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 10:59 a.m. ________________________________________ ERNIE PICKENS, Acting Chair ATTEST: Karen L. Avery, Deputy City Clerk Page 15 of 59 Planning and Zoning Commission Staff Report July 28, 2026 Agenda Item: Receive a report, hold a discussion, and take action on a Preliminary Plat for the Cross Woodlawn Addition. (Case No. 2026-65PP) Staff Contact: Dianne York, Planning Manager dyork@denisontx.gov 903-465-2720 Summary • The applicant is requesting approval of a Preliminary Plat for the purpose of creating one (1) legal lot of record for the development of retail space. • The subject property is zoned Commercial. • Approval of this Preliminary Plat will allow the developer to move forward with submitting Civil Engineering Plans, a Site Plan and a Final Plat application. Staff Recommendation Staff recommends conditionally approving the proposed Preliminary Plat pending Civil Engineering Plan and Final Plat approval. Recommended Motion "I move to conditionally approve the proposed Preliminary Plat pending Civil Engineering Plan and Final Plat approval.” Background Information and Analysis The applicant has submitted the proposed Preliminary Plat for the purpose of creating one (1) legal lot of record in order to develop retail space. The subject property is zoned Commercial. The subject property is located at the corner of W. Thatcher Street and S. Woodlawn Boulevard. Woodlawn Boulevard is also commonly known as SH 91. The applicant must submit a Traffic Impact Analysis (TIA) to be reviewed and approved by staff and TxDOT as the property fronts on a TxDOT right-of-way (ROW). The applicant has been made aware of required Page 16 of 59 improvements to W. Thatcher Street and will work with Engineering staff to fulfill this requirement. It is possible the TIA will require additional improvements to mitigate traffic. Approval of this Preliminary Plat will allow the applicant to move forward with submitting Civil Engineering Plans, Site Plan and a Final Plat application. Financial Considerations • N/A Prior Board or Council Action • City Council approved rezoning the subject property at the meeting held on May 18, 2026. Alternatives • The Planning and Zoning Commission may deny with reason or approve the plat with conditions. Page 17 of 59 Page 18 of 59 Page 19 of 59 Planning and Zoning Commission Staff Report July 28, 2026 Agenda Item: Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request to rezone approximately ± 2.049 acres of land, legally described as being situated in the R. J. Ayers Survey, Abstract No. 48; commonly known as 7102 FM 1417, from the A – Agriculture District to the LI – Light Industrial District. (Case No. 2026-59Z) Staff Contact: Dianne York, Planning Manager dyork@denisontx.gov 903-465-2720 Summary • The applicant is requesting to rezone the subject property from the Agriculture District to the Light Industrial District. • Property was annexed into the City of Denison in 2021 and was provided with the default zoning of Agriculture. • The property owner wishes to expand their current operations by constructing a new warehouse. Staff Recommendation Staff recommends approval of this request. Recommended Motion "I move to recommend approval of changing the zoning of the subject property from the Agriculture District to the Light Industrial District.” Background Information and Analysis Staff have received an application requesting a rezone of approximately 2.09 acres to the Light Industrial District for property commonly known as 7102 FM 1417. The subject property has been developed in a warehouse manner consistent with the proposed rezone. The applicant is pursuing a rezone to the Light Industrial District to accommodate the expansion Page 20 of 59 of the current warehouse operations. The applicant wishes to construct a new warehouse structure on the property. The current zoning of Agriculture does not support the current use nor the desired expansion. At the time of annexation in 2021, City staff directed the property owner that rezoning would be required prior to development of the property. Approval of the proposed rezone to Light Industrial will bring the property in alignment with the current development and potential development. According to Ordinance Section 28.10, City staff and the Planning and Zoning Commission shall consider the following factors when reviewing rezone requests: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole; • FM 1417 remains largely undeveloped. However, properties that have been developed along this thoroughfare have been developed in an industrial/warehouse 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; • N/A 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; • Rezoning of this property will not impact the availability of similar land for development. 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; • The subject property was annexed into the City of Denison in 2021. At the time of annexation, the property had been developed in a warehouse manner. Additionally, property to the north and west of the property has been developed in an industrial/warehouse manner. 5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; • N/A 6. Whether the zoning petition is consistent with the current land use plan; and Page 21 of 59  • The Future Land Use Map calls for the subject area to be developed in a “Neighborhood” manner. The proposed zoning does not align with the Future Land Use Plan. However, it does not appear that the 2018 Comprehensive Plan took several TxDOT ROW’s into account for development. The Comprehensive Plan was adopted in 2018 and at that time, FM 1417 had already been developed in an industrial manner. The proposed rezone is consistent with the existing development along FM 1417. 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 • N/A Alternatives • The Planning and Zoning Commission may table, recommend denial or recommend approval with conditions. Page 22 of 59 Page 23 of 59 Project Narrative for 7102 FM 1417 Straight Zoning Checklist 1. Discussion of why a zoning district change is being requested. Consulting Transitions is requesting a rezoning of 7102 FM Hwy. 1417 from Agricultural (A) to Light Industrial (LI) to permit the construction of an additional warehouse building on the subject property. The site currently operates as an established warehousing, distribution, and logistics facility. The existing warehouse (40×160 ft) has reached operational capacity, and the proposed expansion - an 50×119.98 ft pick-and-pack storage warehouse - is necessary to meet growing distribution demand. The Agricultural designation no longer reflects the actual or intended use of the property. Notably, the Grayson County Appraisal District has already designated the subject area as Light Industrial for appraisal purposes, reflecting the existing operational character of the site and the surrounding corridor. The requested rezoning to Light Industrial is therefore consistent with the County's own classification and serves to align the City's zoning designation with the land use reality already recognized at the county level. Light Industrial is the appropriate and least-intensive zoning category that accommodates warehouse and logistics operations of this scale. 2. Compliance with the adopted Comprehensive Plan. The proposed rezoning is consistent with the City of Denison's Comprehensive Plan objectives of fostering economic growth, supporting existing businesses, and expanding the city's employment and industrial base. The subject property is located along FM Hwy. 1417, a corridor that has organically developed to support light industrial and warehouse uses. The proposed expansion is an infill improvement on an already-developed parcel with no new curb cuts, no new access points, and a site design that integrates fully with existing infrastructure. Rezoning this property to Light Industrial formalizes a land use pattern already established on the ground and consistent with the corridor's character. Page 24 of 59 3. Is there vacant land zoned for your proposed use available in other areas of the City? Why are those vacant areas not appropriate for your proposed project? While Light Industrial zoned parcels may exist elsewhere in Denison, none of those sites are appropriate for this project. The subject property at 7102 FM Hwy. 1417 already contains established site infrastructure including utilities, gravel drive access, and improved ingress and egress from FM Hwy. 1417. Building on a separate parcel would require full duplication of this infrastructure at significant additional cost. The proposed warehouse is also sized and positioned to make e=icient use of the existing lot, leaving room for future development on the same parcel. Developing on an unimproved site elsewhere in the city would not be a cost-e=ective or operationally practical alternative given the infrastructure already in place at this location. 4. If approved, how will your request a&ect other areas designated for similar development? Approval of this rezoning will have no adverse impact on other areas of the city designated for similar industrial development. The project is a contained, single-parcel expansion of an existing business. It does not displace competing industrial users, does not consume land that would otherwise attract new industrial development to Denison, and does not introduce uses incompatible with surrounding properties. Approval signals that Denison supports the retention and organic growth of businesses already committed to investing in the city - a posture that reinforces, rather than undermines, the attractiveness of other Light Industrial zones for future development. 5. How are the uses permitted by the requested zoning district appropriate in the immediate area surrounding the subject property and the city as a whole? Page 25 of 59 The area surrounding 7102 FM Hwy. 1417 is characterized by agricultural land, light industrial uses, and commercial activity consistent with an FM highway corridor at the edge of Denison's developed area. Light Industrial uses - specifically warehousing and distribution are well-suited to this context. They generate minimal pedestrian tra=ic, operate during standard business hours, produce no significant noise, odor, or environmental impact, and maintain a low-density footprint relative to the land consumed. The site's existing warehouse operations have coexisted with surrounding agricultural and industrial properties without conflict. At the citywide level, warehouse and logistics facilities are a foundational component of Denison's economic infrastructure, providing stable employment, supporting regional supply chains, and contributing to the tax base without placing disproportionate demand on municipal services. Light Industrial zoning at this location is appropriate, compatible, and consistent with sound land use planning. Page 26 of 59 Page 27 of 59 Page 28 of 59 Planning and Zoning Commission Staff Report July 28, 2026 Agenda Item: Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request for a Conditional Use Permit (CUP) to allow for the operations of The Rusty Chicken at The Rialto, a live music venue, under the use of Dance Hall or Nightclub, located at property commonly known as 424 W. Main Street. (Case No. 2026-63CUP). Staff Contact: Dianne York, Planning Manager dyork@denisontx.gov 903-465-2720 Summary • The applicant is seeking a Conditional Use Permit (CUP) to operate a live music venue for property located at 424 W. Main Street. Per Section 28.49., this operation best fits the use of Dance Hall or Nightclub. • Subject property is zoned Central Area (CA) and falls within the Commercial Historic (CH) Overlay. Staff Recommendation Staff recommends approval of the requested Conditional Use Permit (CUP). Recommended Motion "I recommend approval of the proposed Conditional Use Permit (CUP) to allow for a live music venue under the use Amusement Commercial with or without alcohol sales (indoors)." Background Information and Analysis The applicants, Tim Dighton and Misty Chapman, are requesting approval of a Conditional Use Permit (CUP) to allow for a live music venue under the use of Dance Hall or Nightclub for property located at 424 W. Main Street. The applicant is leasing the structure located at 424 W. Main Street, commonly recognized as The Rialto Theater, and is in the process of renovating the space to accommodate the operations of The Rusty Chicken. The applicants have previously operated live music venues in Oklahoma. Page 29 of 59 The proposed live music venue is consistent with guidance for the Downtown Center found within the Comprehensive Plan. This request provides an opportunity for the adaptive reuse and continued preservation of one of Downtown Denison’s most recognizable structures, The Rialto Theater. The applicants have already received a Certificate of Appropriateness (COA) from the Historic Preservation Board and are working through the building permit process to begin renovations. The reactivation of this structure, supports the City’s long term vision of encouraging reinvestment in existing buildings while strengthening the downtown district as a destination for the community and visitors. The Central Area (CA) Zoning District does not establish a minimum off-street parking requirement. Staff finds that the existing combination of on-street and public off-street parking in the surrounding area is adequate to accommodate the proposed use. Lastly, the applicant has proposed hours of operations as part of the request. These operational hours consist of Thursday– Saturday: 6:00 p.m. – 12:00 a.m. and Sunday 1:00 p.m. – 6:00 p.m. However, the applicants state that Saturday and Sunday may require extended hours to accommodate a touring band or other talent. While these hours provide an understanding of the intended operation, staff does not recommend including the proposed hours of operation as a condition of the permit. This is consistent with other establishments located within the Downtown Center. Conditional Use Permit Criteria for Approval: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan; • The Future Land Use Plan designates this area as the Downtown Center. This area is to be developed as a mixed-use activity center with retail, restaurants, entertainment, offices, and medium-density residential uses. The proposed use is consistent with this designation. 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; • The proposed Conditional Use Permit use is compatible with uses found within the Central Area (CA) District and within the Commercial Historic (CH) Overlay. 3. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhood and includes improvements either on site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; • The proposed use is located in the Downtown Center, which supports both entertainment and residential uses. The proposed use is consistent with other operations found in the Page 30 of 59  Downtown Center. 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. • The structure fronts on W. Main Street. Main Street and adjacent alleys have undergone significant improvement as part of the D3 Project. There is adequate pedestrian crossing as well as on and off-street parking. 5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; • No additional traffic controls are required at this time. 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and • The live music will occur indoors and will not be located outside the existing structure. 7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. • The proposed use is consistent with the designation of the Downtown Center found within the Comprehensive Plan. Additionally, the use and structure are consistent with the base zoning district and overlay district. Financial Considerations • N/A Prior Board or Council Action Page 31 of 59  • N/A Alternatives • The Planning and Zoning Commission may table the request, recommend denial, or recommend approval with conditions. Page 32 of 59  ​ ​ ​ Rusty Chicken @ The Rialto 424 West Main Denison, Tx 75020 ​ ​ ​ Proposed Remodel Plan Exterior Front: *Marquee- Paint the marquee, add missing bulbs, and replace some of the missing letters. *Remove Refrigeration Panels- Remove the panels from above the marquee. *Paint the brick that was painted previously with approved colors from the Historical Society. *Change the entry doors with new doors *Remove steps that are rotted and replace with new wood Exterior Back: *Remove damaged railing in the back and replace it with new black metal railing. Interior Entry: *ADA complaint wheel chair ramp or lift. We will need to make adjustments to the entry for this. We will remove box office to make room for the wheel chair lift. Page 33 of 59 We will replace the front doors and false floor to make sure that all guests are safe upon entry. *Add window to the box office *Paint *Remove industrial metal and replace with tile ceiling *Remove carpet and install new carpet Theatre: *Remove old seats and add new *Paint and add fabrics to soften the visual look and help with the sound. *Add new sound and lighting system *Add new curtains to the stage *Add new seating Bathrooms: *All new toilets and vanities *New tile and paint Office/Lounge: *Take out old carpet and replace with new *Replace hall lighting with new lighting *New paint Page 34 of 59 Saloon/Balcony: *Removing the risers that were installed in the most recent renovation (that was not up to code) and bringing everything on the top balcony to one level. *Add new balcony railing that meets code Page 35 of 59  Rusty Chicken @ The Rialto 424 West Main Denison, Tx 75020 ​ ​ ​ ​ Project and General Info Rusty Chicken Ventures LLC, has leased the Rialto Theatre and has plans to renovate the theatre and open it as a live music venue to host local, tribute and touring artists. We bring knowledge when it comes to hosting live music events and we love to entertain guests who love the music scene. We did take some time choosing a place to relocate. We searched many areas of North Texas including Ft. Worth Stockyards and McKinney Square. When we walked into the Rialto we instantly knew it was our new home. It just felt right and having the love of music scattered all over Denison was a sign that it was meant to be. Our plans are to host live music events, comedy, plays, festivals, corporate events, weddings,festivals and so much more! Standard Business Hours: Thursday-Saturday 6PM-Midnight. Sunday 1:00pm-6:00pm. Extended Hours Sunday-Saturday 8am-Midnight There will be times that we get a touring band or book a Sunday night gospel show that can only perform at a Page 36 of 59 different time or date than our normal standard hours. We will accommodate our dates/hours of operation for the touring bands/artists for all show times. Our plan to open this business will definitely be a positive impact for downtown Denison. We definitely feel as though we will have a positive influence on other downtown businesses. We will have the capabilities of bringing up to 500 guests each night we are open. Our venue will bring in tourism but more importantly we plan to work together with our neighbors and downtown businesses by purchasing food, gifts, and giving our guests the best experience downtown Denison has to offer. Most of our events will be from 6pm-Midnight and on Sunday afternoon so I don’t think parking will be an issue. We have received our building remodel permits and our COA from the historical preservation. We have started our process with TABC and understand the timelines and what is needed to complete this process. We will not purchase an after hours permit with TABC since we plan on closing no later than Midnight. We are extremely excited and ready to give Denison something they have been missing for awhile now. I have done my homework and I understand the love and history Page 37 of 59 of the building. We will not disappoint when it comes to our decor and style. We want to make Denison proud and I’m confident that The Rialto Theatre is about to be one of the best venues in North Texas including the DFW area. Rialto Tenants, Tim Dighton and Misty Chapman Page 38 of 59 Page 39 of 59 Planning and Zoning Commission Staff Report July 28, 2026 Agenda Item: Receive a report, hold a discussion, conduct a public hearing, and make a recommendation on a request for a Conditional Use Permit (CUP) to allow for a warehouse/office for property located at 3101 Woodlawn Boulevard. (Case No. 2026-64CUP). Staff Contact: Dianne York, Planning Manager dyork@denisontx.gov 903-465-2720 Summary • The applicant is requesting a Conditional Use Permit (CUP) for the use of Warehouse/Office for property located at 3101 S. Woodlawn Boulevard. • The subject property is zoned Commercial (C) and has been developed in a non- residential manner. Staff Recommendation Staff recommends approval of the requested Conditional Use Permit (CUP) with the following conditions: 1. A Landscape Plan meeting the standards found within Section 28.51. be submitted to Planning staff for review and approval at the time of building permit. 2. The applicant submits a Final Plat application to Planning staff to be reviewed and approved. Recommended Motion "I recommend approval of the proposed Conditional Use Permit (CUP) for the use of Warehouse/Office for the subject property with the following conditions: 1. A Landscape Plan meeting the standards found within Section 28.51. be submitted to Planning staff for review and approval at the time of building permit. 2. The applicant submits a Final Plat application to Planning staff to be reviewed and approved.” Page 40 of 59 Background Information and Analysis The applicant, Urban West Ventures, is requesting approval of a Conditional Use Permit (CUP) to allow for a Warehouse/Office operation at property located at 3101 S. Woodlawn Boulevard. The subject property is zoned Commercial (C) and has been developed in a non-residential manner. The existing structure consists of approximately 74,000 square feet and was previously utilized as a call center. Over the course of several years, the structure has remained in minor operation, housing products to be sold online. The applicant wishes to repurpose the structure as a multi-tenant warehouse/office facility. The applicant envisions dividing the structure into several suites to accommodate small businesses, contractors, skilled trade operations and home- improvement related showroom tenants. The Project Narrative details hours of operation to consist of Monday – Friday, 7:00 a.m. to 6:00 p.m. with potential hours on Saturday depending on the type of tenant operations. The existing parking lot provides more than enough parking for the proposed use. In the Pre- Development Meeting with the applicant and through review of this submittal, Staff have expressed the desire to improve the visual aesthetics of the property by including landscaping that meets the standards set forth in Section 28.51. of the Zoning Ordinance. The applicant is amenable to this and will be submitting a Landscape Plan with their building permit for a remodel of the structure. This plan, at minimum, will include landscape strips along Woodlawn Boulevard and tree islands within the parking lot. Staff asks that the Planning and Zoning Commission consider creating a condition of this permit requiring an approved Landscape Plan. Through review of the property, staff discovered the property had not been platted. This poses a concern as the property is located between three rights-of-way: Maurice Avenue, Seymore Street, and Woodlawn Boulevard. Staff has asked the applicant to move forward with platting the property so that appropriate ROW dedication can be established, along with establishing any necessary fire lane and utility easements. Staff asks that the Planning and Zoning Commission consider creating a condition of this permit requiring an approved Final Plat. The property is adjacent to residential zoning and minor residential development. Per Section 28.53, non-residential development shall be screened from residential zoning. Staff will review proposed screening of the property once a plat is received. As the property is not a legal lot of record, staff has concerns that establishing screening standards with this permit will create nonconformities once ROW is dedicated. Staff will work with the applicant at the time of building permit to ensure appropriate screening is in place. The applicant must work with Engineering staff to ensure appropriate improvements are made to Seymore Street and Maurice Avenue. A Traffic Impact Analysis (TIA) is required as the property is adjacent to a TxDOT ROW. It is possible, improvements may be established within this analysis requiring improvements in order to mitigate traffic. Conditional Use Permit Criteria for Approval: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan; Page 41 of 59  • The Future Land Use Plan designates this area to be developed in a Mixed Commercial manner as well as a Revitalization Area. The proposed use is consistent with the definition of Mixed Commercial and the proposed improvements to the site meet the intent of Revitalization Area. 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; • The proposed Conditional Use Permit use is compatible with uses found within the Commercial (C) District. 3. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhood and includes improvements either on site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; • The proposed use is compatible and consistent with other operations along Woodlawn Boulevard. 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. • The property has been developed in a non-residential manner consisting of a parking lot that has 477 existing spaces. The property is located between three rights-of-way providing ample vehicle circulation. Woodlawn Boulevard (SH 91) is a TxDOT ROW which may require additional traffic mitigation per the Traffic Impact Analysis (TIA). 5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; • At this time, staff does not anticipate traffic concerns. However, the Traffic Impact Analysis (TIA) will provide guidance on any necessary improvements or traffic mitigation. 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and • The applicant anticipates dividing the existing structure into suites to accommodate office and warehouse space. No additional uses are allowed on site and open storage is Page 42 of 59  prohibited by Chapter 28 – Zoning. 7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. • The proposed use meets the definition of Mixed Commercial as per the Comprehensive Plan. The improvements and reactivation of the structure meet the intent for a Revitalization Area. Financial Considerations • N/A Prior Board or Council Action • N/A Alternatives • The Planning and Zoning Commission may table, recommend denial, or recommend approval with conditions. Page 43 of 59 Page 44 of 59 Project Narrative — Conditional Use Permit Application — 3101 Woodlawn Boulevard, Denison, Texas 1. Description of Proposed Use The applicant proposes to redevelop the existing single-tenant commercial building at 3101 Woodlawn Boulevard into a multi-tenant warehouse/office facility. A Conditional Use Permit is required to authorize the warehouse/office use within the C — Commercial District. The approximately 74,362-square-foot single-story structure, situated on 5.93 acres and zoned C — Commercial District, will be demised into up to 16 individual tenant suites (the final number may be fewer depending on physical building attributes). Each suite will include private office space, showroom or storefront area, restroom facilities, and warehouse/storage area served by a grade-level roll-up door. The facility is designed to serve small businesses, contractors, skilled trades operators, and home-improvement-related showroom tenants consistent with the character of the Woodlawn Boulevard Gateway corridor. 2. Detailed Business Plan Urban West Ventures will acquire, renovate, and lease the subject property as a multi-tenant warehouse/office center. The repositioning strategy is driven by significant regional demand generated by the semiconductor manufacturing cluster in nearby Sherman, Texas — anchored by Texas Instruments, GlobiTech, and Coherent Corp. along the US-75 corridor — as well as the Preston Harbor master-planned community on Lake Texoma, projected to bring approximately 7,500 homes and 20,000 new residents to the area. These demand generators support a broad range of service, contractor, and home-related trade tenants. The property will be operated as a leased multi-tenant investment. Anticipated tenant hours of operation are Monday through Friday, 7:00 a.m. to 6:00 p.m., with potential Saturday hours depending on individual tenant business type. 3. Consistency with the Adopted Comprehensive Plan The proposed use is consistent with the City of Denison’s goals of economic development, job creation, and revitalization of underutilized commercial properties. The subject property is currently vacant. The building most recently served as a warehousing, shipping, and receiving facility from approximately 2016 until recently, and prior to that operated for many years as a call center for an insurance company. Reactivating this building with locally-serving businesses supports comprehensive plan objectives related to commercial corridor reinvestment and quality design. The subject property falls within the Armstrong/Woodlawn Gateway corridor as designated by the Denison Development Alliance, and the planned exterior improvements — including landscaping, residential screening, parking lot upgrades, and facade enhancements — are directly aligned with the City’s vision for this gateway corridor. 4. Compatibility with Adjacent Development, Neighborhoods, and Visual Impact Mitigation The proposed use is compatible with surrounding development. Properties to the south and east are commercial in nature, and the Woodlawn Boulevard frontage is an established commercial corridor within the City’s designated Armstrong/Woodlawn Gateway zone. A mix of commercial and residential uses exists to the north, and residential uses are present to the west. The applicant is committed to being a responsible and considerate neighbor to those adjacent residential properties. A central element of the site improvement plan is the installation of appropriate screening along all property boundaries adjacent to residential uses to the north and west. The applicant is actively evaluating screening methods and will work with the City to identify the most suitable solution. The intent is to create an effective visual buffer that shields neighboring residents from the day-to-day operations of the facility, protecting their privacy and quality of life. In addition, a landscaped buffer will be installed along the Woodlawn Boulevard street frontage, and parking lot landscape islands will be added at the City’s required ratio of one island per 15 spaces. The proposed use is low-intensity in nature and generates minimal noise, odor, or other nuisance impacts. The applicant is committed to maintaining the property as a well-kept, attractive asset that reflects positively on the surrounding neighborhood and the Gateway corridor. 5. Vehicular Traffic Impact and Mitigation The proposed warehouse/office use is significantly less traffic-intensive than the property’s prior use as a high-volume insurance company call center, which for many years was characterized by large numbers of employees commuting to and from the site daily, generating substantial and concentrated vehicle traffic at peak shift times. The proposed use will produce modest, distributed traffic patterns consistent with small business activity. No modifications to existing driveway access points on Woodlawn Boulevard are proposed. The site’s 477 existing surface parking spaces provide ample on-site capacity with no anticipated spillover onto neighborhood streets. No roadway adjustments, traffic control devices, or access restrictions are anticipated to be necessary. Urban West Ventures • Alex Mickle, Manager • alex@uwventures.com • 619-307-3782 Page 45 of 59 Preliminary Renderings Page 46 of 59 Preliminary Renderings Page 47 of 59 Preliminary Renderings Page 48 of 59 Preliminary Renderings Page 49 of 59 Preliminary Renderings Page 50 of 59 Preliminary Renderings Page 51 of 59 Preliminary Renderings Page 52 of 59 Preliminary Renderings Page 53 of 59 Preliminary Renderings Page 54 of 59 Preliminary Renderings Page 55 of 59 Preliminary Renderings Page 56 of 59 Preliminary Renderings Page 57 of 59 Preliminary Floor Plan Page 58 of 59 Site Plan & Survey Page 59 of 59