On the agenda: Denison meeting — Data Center (May 12)

CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
AGENDA
Tuesday, May 12, 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, May 12, 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
April 28, 2026, Planning and Zoning Commission Meeting.

5.

PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request to rezone an approximately ± 1.26 acre tract of land
commonly known as 1313, 1317, and 1331 W. Thatcher Street from SF-7.5, Single
Family Residential to the C – Commercial District to allow for retail use.
(Case No. 2026-32Z).
B.

Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request to rezone an approximately ± 0.34 acre tract of land
commonly known as 1700 W. Walker Street from the 2F-Two-Family (Duplex)
Residential District to the SF-5, Single Family Residential District to allow for single
family residential development. (Case No. 2026-28Z)

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C.

Receive a report, hold a discussion, conduct a public hearing and make a
recommendation to amend Section 28.49 – Use Regulation (Charts) to update
permitted districts for “Data Center” and to create a new use category for
“Telecommunications Facility” and to amend Section 28.63. – Definitions to update
the definition for “Data Center” and to add a definition for “Telecommunication
Facility”. (Case No. 2026-41ZO)

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 6th day of May 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.

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CITY OF DENISON
PLANNING AND ZONING COMMISSION MEETING
MINUTES
Tuesday, April 28, 2026

1.

CALL TO ORDER
Announced the presence of a quorum.
Chair Charlie Shearer called the meeting to order at 10:00 a.m. Present for the
Commission were Chair Charlie Shearer, Vice Chair Robert Sylvester, and
Commissioner Ernie Pickens. Absent were Commissioners Kurt Cichowski and
Angela Harwell. Also absent were Alternate Commissioners Linda Anderson and
George Mason.
Present for staff were Director of Development, Mary Tate; Dianne York, Planning
Manager; Justin Castleberry, Planner; Felecia Winfrey, Development Coordinator; and
Karen L. Avery, Deputy City Clerk.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Chair Shearer, followed by the Pledge of Allegiance
led by Commissioner Pickens.

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
April 14, 2026, Planning and Zoning Commission Meeting.
Commission Action
On motion by Vice Chair Sylvester, seconded by Commissioner Pickens, the Planning
and Zoning Commission approved the Consent Agenda.

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April 28, 2026
Planning and Zoning Commission Meeting Minutes
Page 2 of 3
5.

PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing, and take action on a
Replat of the Grandview Addition, Block 9, Lot 19-R, being a Replat of Block 9, Lots
19-20 of Grandview Addition. (Case No. 2026-38RP).
Commission Action
Dianne York, Planning Manager, presented this agenda item. Ms. York stated that the
Applicant is seeking approval of the proposed Replat in order to create one (1) legal lot
of record from two (2) legal lots for property located at the northwest corner of
S. Fannin Avenue and W. Florence Street. The property is zoned SF-5, Single Family
Residential. The property has been developed in a single-family manner. Approval of
the proposed plat will allow the Applicant to move forward with construction of an
accessory structure. Staff recommends approval of the Replat as submitted.
Chair Shearer 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 Vice Chair Sylvester, the Planning
and Zoning Commission approved a Replat of the Grandview Addition, Block 9,
Lot 19-R, being a Replat of Block 9, Lots 19-20 of Grandview Addition.
B.

Receive a report, hold a discussion, conduct a public hearing and make a
recommendation on a request to rezone approximately 1.26 acres of land from SF-7.5,
Single Family Residential District to the C - Commercial District to allow for retail
use, for property commonly known as 1313, 1317, and 1331 W. Thatcher Street.
(Case No. 2026-32Z).
Commission Action
Dianne York, Planning Manager, presented this agenda item. Ms. York stated that
staff is requesting that the Commission table this public hearing. Staff has not yet
received the Applicant’s revisions; however, following a conversation with the
Applicant yesterday, staff expects those revisions to be submitted by the end of this
week. The original recommended motion was to table the item to the May 26, 2026,
meeting. Staff is now requesting that the Commission amend that recommendation
and instead table the public hearing to the May 12, 2026, Planning and Zoning
Commission Meeting. This adjustment will maintain alignment with the City Council
schedule that has already been noticed. The item was originally scheduled for
consideration today, with subsequent Council review on May 18, 2026. Ms. York
stated that tabling the matter to May 12, 2026, rather than May 26, 2026, will help
preserve that timeline.
On motion by Vice Chair Sylvester, seconded by Commissioner Pickens, the Planning
and Zoning Commission tabled the matter to the May 12, 2026, Planning and Zoning
Commission Meeting.
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April 28, 2026
Planning and Zoning Commission Meeting Minutes
Page 3 of 3
6.

STAFF UPDATES
None

7.

ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 10:05 a.m.
_____________________________________
CHARLIE SHEARER, Chairman
ATTEST:

Karen L. Avery, Deputy City Clerk

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Planning and Zoning Commission
Staff Report
May 12, 2026

Agenda Item: Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request to rezone an approximately ± 1.26 acre tract of land commonly
known as 1313, 1317, and 1331 W. Thatcher Street from SF-7.5, Single Family Residential to
the C – Commercial District to allow for retail use. (Case No. 2026-32Z).
Staff Contact:
Dianne York, Planning Manager
[email protected]
903-465-2720

Summary
• The applicant is requesting to rezone the subject property from SF-7.5, Single Family
Residential District to the C – Commercial District.
• Property is located at the northwest corner of S. Woodlawn Boulevard (SH 91) and W.
Thatcher Street.
• The property fronting on S. Woodlawn Boulevard is currently zoned Commercial.
Zoning the remaining property to Commercial will allow the applicant to move forward
with developing retail uses.
• This Public Hearing was tabled by the Planning and Zoning Commission at their meeting
held on April 28, 2026.

Staff Recommendation
Staff recommends approval of this request.

Recommended Motion
"I move to recommend approval of the proposed rezone of the subject property from the SF-7.5,
Single Family Residential District to the C – Commercial District to allow for retail use."

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Background Information and Analysis
Staff have received an application from Cross Development requesting a rezone of the subject
property from the SF-7.5, Single Family Residential District to the C – Commercial District to
allow for the potential development of retail space.
The subject property is located at the northwest corner of S. Woodlawn Boulevard (SH 91) and
W. Thatcher Street. The purpose of the rezoning request is to potentially develop the property in
a retail manner. Approval of the zoning will allow the applicant to move forward with submitting
additional development applications such as but not limited to Replat Application, Site Plan
Application, and Civil Engineering Plans.
S. Woodlawn Boulevard serves as a TxDOT right-of-way (ROW) which will require the
applicant to submit a traffic impact analysis as back up documentation within their Site Plan and
Civil Engineering Plan submittal. The analysis will identify necessary measures to mitigate
traffic impacts resulting from the new development. Additionally, W. Thatcher Street will
require improvement to the edge of the property so that it may be utilized for access.
The Future Land Use Plan designates this area to be developed in a “Mixed Commercial”
manner and also designates this property to be located within a “Revitalization Area”. The
proposed zoning meets the definitions listed within the Comprehensive Plan for “Mixed
Commercial” and the minimum development standards required of new development will meet
the intent listed within the Comprehensive Plan for areas denoted as a “Revitalization Area.”
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;
S. Woodlawn Boulevard (SH 91) has been developed in a non-residential manner. Property to
the west is zoned SF-7.5, Single Family. However, the Future Land Use Plan designates this area
to be developed in a “Mixed Commercial” manner. The proposed rezoning complies with this
designation. Screening requirements will be required and enforced to adequately screen the nonresidential use from residential zoning.
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.

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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;
S. Woodlawn Boulevard (SH 91) is a mixture of heavy and light commercial uses. This corridor
is prime for re-development as noted by the Comprehensive Plan. The proposed new
development complies with the Comprehensive Plan by bringing commercial/retail space to this
corridor and the minimum development standards required by the City will bring revitalization to
the subject property.
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
The Future Land Use Map calls for the subject area to be developed in a “Mixed Commercial”
manner. This rezoning request complies with the Future Land Use Plan.
7. Any other factors that will substantially affect the public health, safety, morals, or general
welfare.
Other factors which may substantially affect general welfare have been addressed above.

Financial Considerations
• N/A

Prior Board or Council Action
• The Planning and Zoning Commission tabled this Public Hearing at the meeting held on
April 28, 2026.

Alternatives

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• The Planning and Zoning Commission may table, recommend denial or recommend
approval with conditions.

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Project Narrative - Rezone
Date:

April 30th, 2026

Project:

CD DG Denison Woodlawn, LLC
Property ID’s: 150691, 150693, 150694

-

-

-

-

The zoning change being requested is a result of our intent to develop a single tenant retailer at
the designated location. The change is needed because we are utilizing three separate parcels
for this development that will eventually be consolidated into one property. The parcel fronting
Woodlawn Blvd is already zoned with the appropriate designation, so this rezone will make the
Commercial zoning consistent across all the lots comprising the 1.14 acres we intend to develop.
The rezone being requested complies and supports the city’s comprehensive plan.
Currently, there are no other viable properties available that suit the needs of this project from
a size and zoning standpoint.
If approved, this request will support the surrounding areas designated for similar development
by encouraging additional growth and revitalization along Woodlawn Blvd.
The uses permitted with the requested zoning district are cohesive and beneficial to the
immediate area and the city as a whole. This portion of the city is designated as a revitalization
zone, which would greatly benefit from additional commercial users. This area is lacking in
convenient retail options, which could be provided given the requested zoning. Our
development will adhere to city requirements and revitalization efforts, aiding in the
beautification of the area.
Per our pre-development meeting with the city, we will be implanting several infrastructure
upgrades to this area that will create added benefit to those around the property. The biggest of
these upgrades will be the repaving of Thatcher Street along our property, which will
immediately serve the surrounding businesses and residents. Cross Development will continue
to work with the city throughout this project to ensure our plans meet the design and safety
standards required by the city.
Cross Development intends to construct a national retailer at this location that will provide
much-needed general retail services to the surrounding area. This area is currently lacking in the
type of merchandise this business provides, and the community will benefit from the addition of
this service by having more immediate and accessible access to merchandise without extended
travel.

4317 Marsh Ridge Rd, Carrollton, TX 75010 (903-361-3634)

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Planning and Zoning Commission
Staff Report
May 12, 2026

Agenda Item: Receive a report, hold a discussion, conduct a public hearing, and make a
recommendation on a request to rezone an approximately ± 0.34 acre tract of land commonly
known as 1700 W. Walker Street from the 2F-Two-Family (Duplex) Residential District to the
SF-5, Single Family Residential District to allow for single family residential development.
(Case No. 2026-28Z)
Staff Contact:
Dianne York, Planning Manager
[email protected]
903-465-2720

Summary
• The property is currently zoned 2F-Two-Family Residential and is subdivided into four
(4) lots. The applicant is seeking a rezone to SF-5, Single Family Residential.
• Two (2) lots front on W. Walker Street and two (2) have alley frontage.
• The current zoning does not support a lot that has a minimum width of fifty feet (50’).

Staff Recommendation
Staff recommends approval of this request.

Recommended Motion
"I move to recommend approval of the proposed rezone of the subject property from the 2FTwo-Family (Duplex) Residential District to the SF-5, Single Family Residential District.”

Background Information and Analysis
Staff have received an application from Providence Holdings, LLC requesting a rezone of
approximately 0.34 acres from the 2F-Two-Family (Duplex) Residential District to the SF-5,

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Single Family Residential District to accommodate the construction of single-family structures.
The subject property consists of four (4) platted lots with two (2) lots fronting on W. Walker
Street and two (2) lots fronting on the alley. The applicant wishes to construct two (2) single
family structures which requires a Replat of the property. Per the 2F-Two-Family (Duplex)
Residential District, single-family homes constructed within this district are required to conform
to the development and lot dimension requirements detailed in the SF-7.5, Single Family
Residential District. This lot configuration does not provide a path forward for the property to be
replatted. Approval of the proposed zoning will allow the applicant to move forward with
platting as the proposed lot dimensions will meet the minimum standards listed within the SF-5,
Single Family Residential District.
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;
The subject area has been developed in a residential manner. The proposed zoning is consistent
with existing development.
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 majority of the area surrounding the subject property has already been developed. The
subject property is one of the few remaining undeveloped parcels in this neighborhood.
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
The Future Land Use Map calls for the subject area to be developed in a “Neighborhood”

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manner. The proposed rezone complies with this designation.
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.

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April 8, 2026
City of Denison
Planning and Zoning Department
Subject: Request for Zoning Change for Property at 1700 W Walker from 2F to SF5
Dear Planning and Zoning Department Staff,
This letter serves as a formal request to initiate a zoning change for the property located at 1700
W Walker, currently owned by Providence Holdings I LLC. The current zoning designation for
this property is 2F (Two-Family Residential), and we are requesting a change to SF5 (SingleFamily Residential).
This rezoning is being requested due to the size of the lot and platting requirements. The SF5
zoning district has the minimum lot size and dimensional standards needed to subdivide this
property into lots consistent with the surrounding single-family neighborhood.
We are requesting this change for the following key reasons, which we believe align with the
community’s best interests and the future development of the neighborhood:

Current Zoning Context
The existing 2F zoning allows for the construction of two-family dwellings. Some of the adjacent
and nearby properties are currently zoned and developed as single-family homes. The adjacent
area contains single-family residences, and most recently, Josh Holly built an SF5 single-family
home directly across the street at 1701 W Walker. We believe these lots are more suitable
being developed as SF5 builds.

Reasons for Requested Zoning Change
1. Lot Size and Platting Requirements
The property consists of approximately 0.34 acres encompassing Lots 1 and 2 in Block 12 of
Tones Second Addition, and Lots 1 and 2 in Block 3 of the West End Addition. We intend to
replat the property into individual lots suitable for single-family construction. The SF5 district’s
dimensional standards are the appropriate classification to facilitate this replat.

The 2 new lots will face Walker.
2. Adding Additional Housing Inventory to the Neighborhood
The SF5 designation would allow the economics to work for new construction in the current
high-cost environment, and we can bring additional housing to the neighborhood.
3. Increased Property Value and Desirability
We believe that a change to SF5 will enhance the long-term stability and value of the properties
in the immediate vicinity. Single-family zoning often corresponds to higher property values in
established residential areas, which benefits all residents and the city’s tax base.

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4. Similar Zoning Approval
Across from our property, at 1701 W Walker, there has been a previously approved rezoning
occurrence allowing for SF5 zoning.

Compliance with the Comprehensive Plan
The requested rezoning is consistent with the City of Denison’s adopted Comprehensive Plan
(updated 2023, Ordinance No. 5287). The Plan’s Vision states that Denison will retain its
character while “improving its neighborhoods” (Comprehensive Plan, p. 36). Several specific
goals and policies support this request:
Housing Goal (p. 39): The Plan’s Housing goal calls for Denison to “support a variety of
housing types attainable for citizens of all income levels in traditional neighborhoods.” The
Housing actions further direct the City to “regularly evaluate and amend residential zoning
districts to reflect current market trends and allow desired housing types” (p. 39–40). Rezoning
this property to SF5 directly implements this policy by enabling new single-family construction in
an established traditional neighborhood.
Development & Redevelopment Goal (p. 44): The Plan calls on Denison to “encourage high
quality redevelopment and infill” so that “neighborhoods…in the older parts of the city thrive
alongside new developments.” The Plan’s actions also call on the City to “grow the city’s tax
base…through programs promoting redevelopment and revitalization of older…neighborhoods”
(p. 44). This property is a vacant infill site in an older neighborhood, and SF5 development
fulfills this goal.
Infill Development (p. 70): The Plan specifically endorses infill development, noting that it
“provides many of the same benefits as redevelopment by developing vacant or underutilized
properties…with a new use that adds economic activity and increases the tax base, all without
requiring significant new infrastructure installation or upgrades.” This property is a vacant lot
with existing water and sewer infrastructure already in place, and for the economics to work to
develop this property, the zoning change is critical
Future Land Use Plan – Neighborhood Category (p. 67): The Plan’s Future Land Use Plan
designates residential areas as “Neighborhood” areas and states that the City will need to “offer
high-quality residential areas” where “some areas will be neighborhoods of primarily detached
single-family homes.” SF5 zoning is consistent with this neighborhood designation.
The Neighborhood Concept (p. 71): The Plan further notes that “for most neighborhoods,
single-family detached housing will comprise the majority of units.” The proposed SF5 zoning
aligns with this principle.

Vacant Land Availability
While there may be other SF5-zoned vacant land in the city, those areas are not appropriate for
this project. The subject property is already owned by Providence Holdings I LLC, is uniquely
situated near where SF5 has already been approved across the street, and the surrounding
infrastructure—including water and sewer services—is already in place.

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Impact on Other Areas Designated for Similar Development
This rezoning will not negatively affect other areas designated for similar development. The
change from 2F to SF5 is a transition to a less intensive use, and it complements the existing
SF5 zoning already established at 1701 W Walker.

Appropriateness of the Requested Zoning District
The SF5 zoning district is appropriate for this location. The surrounding neighborhood is
characterized by single-family development, and as noted in the City’s own Pre-Development
Meeting notes, SF5 is the recommended zoning for this property.

Required Documentation and Next Steps
We have prepared the necessary documentation to support this request, including:






A completed application form
This narrative explanation letter
A tax receipt, showing paid taxes
The deed showing transfer of ownership
A current survey

We acknowledge there were outstanding mowing lien balances identified by Neighborhood
Services – these have all been paid.
We understand that upon zoning approval, a Replat will be required prior to submitting for a
building permit, and that impact fees will be assessed at the time of platting.
Please let us know if there are any additional documents needed for this Straight Rezoning
Request.
Please contact Scott Moody at
Hyden at

or call

or call
with any questions.

or Todd

Sincerely,

Scott Moody
Agent for Providence Holdings I LLC for the purposes of this rezoning

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Planning and Zoning Commission
Staff Report
May 12, 2026

Agenda Item: Receive a report, hold a discussion, conduct a public hearing and make a
recommendation to amend Section 28.49 – Use Regulation (Charts) to update permitted districts
for “Data Center” and to create a new use category for “Telecommunications Facility” and to
amend Section 28.63. – Definitions to update the definition for “Data Center” and to add a
definition for “Telecommunication Facility”. (Case No. 2026-41ZO)
Staff Contact:
Dianne York, Planning Manager
[email protected]

Summary
• Staff proposes an amendment to Section 28.49. to remove Data Centers as a permitted
use by right in several zoning districts and restricting the use to the Light Industrial (LI)
and Heavy Industrial (HI) Districts with a required Conditional Use Permit (CUP).
• Staff proposes an amendment to Section 28.49. to establish a new “Telecommunication
Facility” use to allow existing fiber hubs to remain legally conforming and distinguish
them from larger data center operations.
• Staff proposes amendments to Section 28.63. to update the definition of “Data Center”
and to create a definition for “Telecommunication Facility.”

Staff Recommendation
Staff recommends approval of the proposed text amendments.

Recommended Motion
“I move to recommend approval of the proposed amendments to Section 28.49. and to Section
28.63. of the Zoning Ordinance."

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Background Information and Analysis
The proposed text amendment modifies the City’s Zoning Ordinance to update regulations
related to Data Centers. This is a City-initiated amendment prompted by the discovery that Data
Centers are currently permitted by right in multiple zoning districts under the existing ordinance.
Currently, Data Centers are allowed by right within the Regional Retail (RR), Commercial (C),
Business Park (BP), Light Industrial (LI) and the Heavy Industrial (HI) Districts, which does not
adequately account for the potential impacts or ensure compatibility with surrounding uses. The
proposed amendment removes the by right allowance in all zoning districts and instead limits the
use to the Light Industrial (LI) and Heavy Industrial (HI) Districts, subject to approval of a
Conditional Use Permit (CUP). Requiring a Conditional Use Permit (CUP) introduces a level of
review, allowing Staff, the Planning and Zoning Commission and City Council to evaluate each
proposal on a case-by-case basis. Given the lack of development standards for this use, the
Conditional Use Permit (CUP) process provides the opportunity for the City to consider sitespecific factors such as location, infrastructure capacity, and compatibility with adjacent
development, as well as to incorporate appropriate conditions to mitigate potential impacts.
Lastly, the amendment revises the definition of “Data Center” to better algin with current
industry terminology and operational characteristics. The proposed definition language is
provided as backup to this item within the agenda.
In conjunction with these changes, the creation of the “Telecommunication Facility” use ensures
that existing fiber hub developments, previously approved under the broader “Data Center”
classification, may continue to operate as legally conforming structures and uses. This distinction
recognizes the functional difference between large-scale data centers and smaller
telecommunication infrastructure, while preventing unintended nonconformities resulting from
the proposed amendments. Additionally, the proposed amendments provide a definition for the
newly created use of “Telecommunication Facility”. The proposed definition language is
provided as backup to this item within the agenda.
The proposed amendments reflect the evolving nature and impacts of data center development
and establish a more deliberate regulatory framework. By limiting the use to industrial districts
and requiring a Conditional Use Permit (CUP), the City retains a greater oversight and discretion
in evaluating whether such uses are appropriate in the future. The creation of a separate use
category for Telecommunication Facilities further ensures smaller-scale infrastructure may
continue to operate and provides a path forward for future infrastructure without creating
nonconforming situations. Staff believes the amendments strengthen the City’s ability to promote
compatibility with surrounding development and to carefully consider the long-term land use
implications of these land uses.

Financial Considerations
• N/A

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Prior Board or Council Action
• N/A

Alternatives
• The Planning and Zoning Commission may table or deny the proposed amendments to
the Zoning Ordinance.

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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF DENISON, THE SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF DENISON, SPECIFICALLY
AMENDING ARTICLE IV “USE REGULATIONS”, SECTION 28.49 “USE
REGULATIONS (CHART)”, BY AMENDING THE ZONES PERMITTED
FOR “DATA CENTER” USE AND ADDING “TELECOMMUNICATIONS
FACILITY” AS A USE, AND ARTICLE VI “DEFINITIONS”, SECTION
28.63 “DEFINITIONS”, BY REPLACING THE DEFINITION FOR “DATA
CENTER” USE IN ITS ENTIRETY, AND PROVIDING A DEFINITION
FOR “TELECOMMUNICATIONS FACILITY”; PROVIDING FINDINGS;
PROVIDING ZONING AMENDMENTS; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Denison (hereinafter referred to as “City” or “Denison”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, the City Council of the City (the “City Council”) adopted Chapter 28 of its
Code of Ordinances, the same being the Comprehensive Zoning Ordinance of the City, which
governs the use and development of the land in the City (the “Zoning Ordinance”); and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the City
has recommended to the City Council the adoption of the amendments to the Zoning Ordinance,
specifically amending Article IV “Use Regulations”, Section 28.49 “Use regulations (chart)”, to
add the use of “Telecommunications Facility”, and to remove the permitted use of “Data Center*”
in the RR—Regional Retail Zoning District, C—Commercial District, and BP—Business Park
District, and further reclassify the permitted use of “Data Center” to a use allowed only by a
Conditional Use Permit in LI—Light Industrial District and HI—Heavy Industrial District; and
Article VI “Definitions”, Section 28.63 “Definitions”, to replace the definition of Data Center in
its entirety, and provide a definition for “Telecommunications Facility”; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public
hearing was held before City Council at which the City Council considered the recommendation
of the Planning and Zoning Commission, and the City Council does hereby find that the
amendments to Section 28.49 hereby accomplishes such objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DENISON, TEXAS:

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Section 1. Findings Incorporated. The above and foregoing premises are true and correct
and are incorporated herein and made a part hereof for all purposes.
Section 2. Findings. After due deliberations and consideration of the recommendation of
the Planning and Zoning Commission and the information and other materials received at the
public hearing, the City Council has concluded that the adoption of this Ordinance is in the best
interests of the City, and of the public health, safety and welfare.
Section 3. Zoning Amendments. Chapter 28 of the Code of Ordinances of the City, the
same being the City’s Comprehensive Zoning Ordinance, is hereby amended as follows, and all
other articles, chapters, sections, paragraphs, sentences, phrases and words not expressly amended
hereby are hereby ratified and affirmed:
3.01. Amendment to Section 28.49. Section 28.49, “Use regulations (chart)”, of the Code
of Ordinances of the City of Denison, Texas, is hereby amended to add the use of
“Telecommunications Facility”; and to remove the permitted use of “Data Center*” in the RR—
Regional Retail Zoning District, C—Commercial District, and BP—Business Park District, and
further reclassify the permitted use of “Data Center” to a use allowed only by a Conditional Use
Permit in LI—Light Industrial District and HI—Heavy Industrial District, as set forth below, with
additions shown by underscore and removals shown by strike-through:
A R S S S S
D F F F F
- - - 2 1 7 5
0 0 .
5

S
F
P
H

S L U M 2 M M O N L C R C C B L H
F D D H F F- FS R R R
A P I I
1 2
T
H

NonResidential
and
Institutional
Uses
Data Center*
Telecommunic
ations Facility

P

P

P

P

P

P

P P
C C
P P

3.02. Amendment to Section 28.63. Section 28.63, “Definitions”, of the Code of
Ordinances of the City of Denison, Texas, is hereby amended to replace the definition of “Data
Center” in its entirety as follows:
Data Center: A business whose primary function is the storage, management, processing,
and/or transmission of digital data, which houses computer and/or network equipment, systems,
servers, appliances and other associated components related to digital data operations.

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3.03. Amendment to Section 28.63. Section 28.63, “Definitions”, of the Code of
Ordinances of the City of Denison, Texas, is hereby amended to add the use of
“Telecommunications Facility” with the following definition:
Telecommunications Facility: Any unmanned facility consisting of equipment for the
transmission, switching, and/or receiving of wireless communications, excluding
telecommunications towers and antennas.
Section 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extend they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 5. Severability. Should any section, subsection, sentence, clause, phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Denison hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 6. Penalty. Any person, firm, entity or corporation who violates any provision of
this Ordinance or Denison’s Zoning Ordinance Chapter 28, as they exist or may be amended, shall
be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined in a sum no
exceeding Two Thousand and No/100 Dollars ($2000.00). Each continuing day’s violation shall
constitute a separate offense. The penal provisions imposed under this Ordinance shall not
preclude Denison from filing suit to enjoin the violation. Denison retains all legal rights and
remedies available to it pursuant to local, state and federal law.
Section 7. Effective Date. This Ordinance shall become effective immediately upon its
adoption and its publication as required by law.
Section 8. Open Meetings. That it is hereby found and determined that the meeting at
which this Ordinance was passed was open to the public as required by law, and that a public
notice of the time, place, and purpose of said meeting was given, all as required by Section
551.041, Texas Government Code.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS, ON THIS 18TH DAY OF MAY 2026.

__________________________________________
Robert Crawley, Mayor
ATTEST:
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__________________________________________
Christine Wallentine, City Clerk

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