AGENDA
PLANNING AND ZONING COMMISSION
April 8, 2015

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, April 8, 2015 at 05:02 PM in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items will be considered:

WORK SESSION

Click here for Backup Agenda Items

1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials.

CLOSED MEETING

Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.

1. Consultation with Attorneys - Under Texas Government Code, Section 551.071.

A. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen’s initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

REGULAR MEETING

NOTE: The Planning and Zoning Commission reserves the right to adjourn into a Closed Meeting on any item on its Work Session or Regular Session agendas at any time, consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.

After completing the Work Session, the Planning and Zoning Commission will convene a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which will be held on Wednesday, April 8, 2015 and will begin at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items will be considered:

1. PLEDGE OF ALLEGIANCE:

A. U.S. Flag

B. Texas Flag       "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible."

2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR:

A. March 11, 2015

B. March 25, 2015

3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration:

A. Consider a Preliminary Plat of Lot 1, Block A of the University Apartments Addition. The approximately 2.3 acre property is generally located on the south side of East University Drive (U.S. 380) and approximately 35 feet east of Nolen Circle, within the J.D. Lilly Survey, Abstract No. 762. The property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. (PP13-0009, University Apartments, Mike Bell)

B. Consider a Preliminary Plat of Lot 1, Block A of the Ron’s Wrecker & Towing Services Addition. The approximately 1.008-acre subject property is generally located on the north side of Jim Christal Road, approximately 180 feet east of Masch Branch Road and within the W. Bryan Survey, Abstract No. 148.  The property is located within an Industrial Center Employment (IC-E) zoning district. (PP14-0023, Ron’s Wrecker Service, Mike Bell)

C. Consider a Final Plat of the Rayzor Ranch Town Center, Phase I.  The 99.759 acre property is generally located south of University Drive (US 380), located at the southeast corner of University Drive (US 380) and Interstate Highway 35 (I-35), within the B.B.B. & C.R.R. Survey, Abstract 192.  The property is located partially within a Regional Center Commercial - Downtown (RCC-D) zoning district and is located in the Rayzor Ranch Overlay District. (FP14-0005, Rayzor Ranch Town Center Phase I, Sophie Huemer)

D. Consider a Preliminary Plat of Teasley Trails, Phase 1, 1B, and 2. The approximately 53.381 acre property is generally located northwest corner of the intersection of Ryan Road and Teasley Lane within the J. Fisher Survey, Abstract No. 421.  The property is located partially within a Neighborhood Residential 3 and partially within an NRMU-12 zoning district with overlay restrictions. (PP15-0003, Teasley Trails, Phase 1, 1B, and 2, Sophie Huemer)

E. Consider a Final Plat of the Vista Del Arroyo Addition.  The approximately 13.07 acre property is generally located on the south side of Riney Road, approximately 1,350 feet west of North Elm Street, within the N. Meisenheimer Survey, Abstract No. 810.  The property is located within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district (FP15-0002, Vista Del Arroyo Addition, Julie Wyatt).

4. ITEM FOR INDIVIDUAL CONSIDERATION:

A. Consider approval of a Site Plan within the Rayzor Ranch South Campus for a retail building on proposed future Lot 8 of the Rayzor Ranch Town Center, Phase One. The approximately 9.239 acre site is generally located 250 feet south of U.S. Highway 380 (West University Drive) and 1,800 feet east of Interstate Highway 35 (I-35). The subject property is within a Regional Center Commercial Downtown (RCC-D) zoning district and is further encumbered by the Rayzor Ranch Overlay District. (SP15-0001, WinCo Food Store, Sophie Huemer)

B. Consider approval of a Site Plan within the Rayzor Ranch South Campus for a restaurant building on proposed future Lot 2, Block A of the Rayzor Ranch Town Center, Phase One. The approximately 1.695 acre site is generally located on the south side of U.S. Highway 380 (West University Drive) and 770 feet east of Interstate Highway 35 (I-35). The subject property is within a Regional Center Commercial Downtown (RCC-D) zoning district and is further encumbered by the Rayzor Ranch Overlay District. (ADP14-0010, Chili’s, Sophie Huemer).¬†

5. PUBLIC HEARINGS:

A. Hold a public hearing and consider making a recommendation to City Council regarding a Special Sign District for the Golden Triangle Mall.  The approximately 69.83-acre subject property is generally located in the area bound by South I-35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC-D) zoning district. (SD13-0003, Golden Triangle Mall, Mike Bell) This item was continued from the March 25, 2015 meeting.

B. Hold a public hearing and consider making a recommendation to the City Council regarding an application for Historic Landmark Designation for the property located at 1109 West Congress Street. The subject site is located on the south side of West Congress Street, approximately 80 feet west of Fulton Street.  The Historic Landmark Commission recommends approval (7-0).  (HL15-0004, 1109 West Congress Street, Cindy Jackson)

C. Hold a public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192, 2014-276, and 2015-013 to extend for an additional one hundred and nineteen days (119) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date. (SI15-0010, Gas Well Moratorium, Darren Groth)

6. FUTURE AGENDA ITEMS:  Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting.

7. ADJOURN:


NOTE: THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE.
NOTE: THE CITY OF DENTON CITY COUNCIL ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHED¨ULED THROUGH THE CITY SECRETARY'S OFFICE.

CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________ day of _________, 2015 at _________ o'clock (a.m.) (p.m.)