AGENDA
PLANNING AND ZONING COMMISSION
December 10, 2014

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, December 10, 2014 at 05:03 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:

WORK SESSION

Click here for Backup Agenda Items

2. Recognize Dr. Jean Schaake for her time and dedication served on the Planning and Zoning Commission from January 9, 2008 through September 10, 2014.

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.

3. Receive a report, hold a discussion regarding the definition and calculation of lot coverage and its impact on developing larger homes in the Neighborhood Residential 2 (NR-2) zoning district; and provide staff direction regarding potential amendments to Sections 35.5.2.3 and 35.23.2 of the Denton Development Code (DDC), pertaining to permitted lot coverage and calculation of lot coverage. The discussion will include an analysis of lot coverage requirements for residential development in neighboring cities within the Metroplex. (Neighborhood Residential-2 lot coverage, Nana Appiah)

5. Hold a discussion regarding the Joint City Council and Planning and Zoning Commission meeting on December 16, 2014. (Brian Lockley)

4. Consider approval of the 2015 Planning & Zoning Commission meeting dates. (Ron Menguita)

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 Gas Well Ordinance 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; impacts of federal and state law and regulations; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen’s initiative 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, December 10, 2014 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 General Development Plan for the Sherman Crossing Addition.  The approximately 85.74 acre property is generally located at the southwest corner of N Loop 288 and Sherman Drive (FM 428).  The site is zoned Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use (NRMU), and Neighborhood Residential 6 (NR-6).  The applicant is proposing to develop retail, restaurant, office, multi-family, and single-family residential uses. (GDP13-0002, Sherman Crossing, Mike Bell)

B. Consider a Preliminary Plat of the Villages of Carmel, Phase 4.  The approximately 42.661 acre property is generally located on the north side of Pockrus Page Road, approximately 760 feet east of Camino Real Trail and within the Gideon Walker Survey, Abstract No. 1330.  The property is located within Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use (NRMU), and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts. (PP14-0026, Villages of Carmel 4, Mike Bell)

C. Consider a Preliminary Plat of the Villages of Carmel, Phase 5.  The approximately 44.928 acre property is generally located on the southwest corner of Edwards Road and Swisher Road within the Gideon Walker Survey, Abstract No. 1330.  The property is located within a Neighborhood Residential 6 (NR-6) zoning district. (PP14-0027, Villages of Carmel 5, Mike Bell)

3. PUBLIC HEARING:

A. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning of approximately 2.195 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district with a Mixed Use Residential Protection Overlay.  The property is generally located at the northeast corner of McKinney Street and Bellaire Drive. (Z14-0021, McKinney Street Housing Development, Julie Wyatt). This item was continued from the November 19, 2014 meeting.

B. Hold a public hearing and consider a Final Replat of Lots 1R1 and 1R2, Block A, of the Golden Hoof Ranchettes Addition; being a residential replat of Lot 1, Block A, of the Golden Hoof Ranchettes Addition within the T. J. Egan Survey, Abstract No. 406. The approximately 4.753 acre property is generally located 350 northwest of the corner of Thomas J. Egan Road and U.S. 380. The property is partially located within a Neighborhood Residential 2 (NR-2) zoning district and partially within the City of Denton Extraterritorial Jurisdiction (ETJ). (FR14-0013,Lots 1R1 and 1R2 Golden Hoof Ranchettes, Mike Bell)

C. Hold a public hearing and consider making a recommendation to City Council regarding amending Subchapter 35.5 of the Denton Development Code to add "Bar" to the schedule of uses and to consider amending  Subchapter 23.2 to define the use of "Bar". (DCA14-0007, Bar Use and Definition, Sophie Huemer) This item was continued from the November 19, 2014 meeting.

D. Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the approved detail plan of Planned Development 12 (PD-12) to allow for new elevations, an expansion of the building, the removal and relocation of trees, and removal of landscaping on approximately 7.52 acres.  The subject site is located along I-35E Service Road, southeast of State School Rd. (PDA14-0008, Toyota Image Upgrade, Sophie Huemer)

4. 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.

5. 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 SCHEDŽULED 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 _________, 2014 at _________ o'clock (a.m.) (p.m.)