AGENDA
PLANNING AND ZONING COMMISSION
July 8, 2015

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, July 8, 2015 at 04:03 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:

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 City’s attorneys regarding legal issues associated with the Rayzor Ranch Overlay District zone 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.

B. 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 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.

WORK SESSION

Hold a discussion on complementary amendments to the Denton Development Code, specifically Subchapters 5, 7, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures, in light of City Council’s action to remand DCA14-0009 back to the Planning and Zoning Commission after the Governor signed House Bill 40 into law on May 18, 2015. (Darren Groth)

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

2.	Receive a report and hold discussion regarding the Rayzor Ranch Overlay District. (Sophie Huemer)

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, July 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. 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 Final Plat of Lot 1, Block of the Majestic on McKinney Addition. The approximately 11.4 acre property is generally located The subject property is generally located on the south side of McKinney Street, approximately 1,000 feet west of Mockingbird Lane, within the M. Yoachum Survey, Abstract No. 1142. (FP15-0008, Majestic on McKinney Apartments, Ross Culbertson)

B. Consider a Final Plat of Lot 1, Block A of the Ron’s Wrecker & Towing Service Addition. The approximately 1.003 acre property is generally located on the north side of Jim Christal Road, approximately 180 east of Masch Branch Road, within the W. Bryan Survey, Abstract No. 148. (FP15-0016, Ron’s Wrecker and Towing Service, Mike Bell)

C. Consider a Preliminary Plat of Robson Ranch, Unit 10-1 & 10-2. The approximately 61.23 acre subject property is generally located northwest of Michelle Way Street, approximately 195 feet north of Freeport Drive, within the M. Scurlock Survey, Abstract No. 1141. The project is located within the Robson Ranch Planned Development District 173 (PD-173). (PP15-0005, Robson Ranch, Unit 10-1 & 10-2, Julie Wyatt)

D. Consider a Final Plat of Robson Ranch, Unit 10-1. The approximately 35.75 acre subject property is generally located northwest of Michelle Way Street, approximately 195 feet north of Freeport Drive, within the M. Scurlock Survey, Abstract No. 1141. The project is located within the Robson Ranch Planned Development District 173 (PD-173). (FP15-0014, Robson Ranch, Unit 10-1, Julie Wyatt)

3. ITEM FOR INDIVIDUAL CONSIDERATION:

A. Consider approval of a Site Plan within the Rayzor Ranch South Campus for a restaurant building on proposed future Lot 5, Block A of the Rayzor Ranch Town Center, Phase One. The approximately 1.515 acre site is generally located on the south side of U.S. Highway 380 (West University Drive) and 1700 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. (SP15-0002, Raising Cane’s Restaurant, Sophie Huemer)

B. Consider approval of a Site Plan within the Rayzor Ranch South Campus for a pediatric medical center on proposed future Lot 1, Block A of the Cook Children’s Medical Center Addition. The approximately 3.278 acre site is generally located on the north side of Scripture Street and approximately 1700 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. (SP15-0003, Cook Children’s Medical Center, Sophie Huemer)

4. PUBLIC HEARINGS:

A. Hold a public hearing and consider a Final Replat of Lot 1R, Block A of the Victor Technologies Addition. The approximately 30.079 acre property is generally located on the southwest corner of Interstate 35 West and Airport Road (FM 1515), within the E. Pulchalski Survey, Abstract No. 996. The property is located within an Industrial Center Employment (IC-E) zoning district. (FR15-0009, Victor Technologies Addition, Mike Bell)

B. Hold a public hearing and consider a recommendation to City Council regarding a rezoning request from Neighborhood Residential 4 (NR-4) to Community Mixed Use General (CM-G) on approximately 8.04 acres of land. The subject property is generally located on the west side of Teasley Lane (FM 2181), approximately 600 feet north of Hickory Creek Road. (Z15-0013, Hickory Creek Shopping Center, Mike Bell)

C. Hold a public hearing and consider making a recommendation to City Council regarding an initial zoning of Neighborhood Residential 1 (NR-1) District and a Specific Use Permit (SUP) for a Semi-Public Hall, Club, or Lodge on approximately 10.8 acre site is generally located on the east side of Barthold Road and approximately 2700 feet south of Ganzer Road. (Z15-0014, Denton Shop with a Cop, Julie Wyatt)

D. Hold a public hearing and consider a recommendation to City Council regarding a rezoning request from Neighborhood Residential 2 (NR-2) to Community Mixed Use General (CM-G) on approximately 1.7 acres of land. The subject property is generally located on the east side of North Bonnie Brae Street, approximately 475 feet north of West University Drive (U.S. 380). (Z15-0018, North Lakes Shopping Center, Mike Bell)

E. Hold a public hearing and consider a recommendation to City Council regarding an amendment to the Denton Development Code to add “Craft Alcohol Production” to the list of zoning uses in Subchapter 5 and to add definitions for “Craft Alcohol Production” and “Restaurant, Brewpub” to Subchapter 23. (DCA15-0002, Craft Alcohol Production, Mike Bell)

F. Hold a public hearing and consider making a recommendation to the City Council regarding an amendment to Section 35.13.7.A.7.e of the Denton Development Code pertaining to acceptable uses of Tree Fund. (DCA15-0001, Tree Code Amendment, Haywood Morgan) This item will be continued.

5. 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.

6. 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.)