AGENDA
PLANNING AND ZONING COMMISSION
July 22, 2015

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, July 22, 2015 at 04:00 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:

Click here for Backup Agenda Items

WORK SESSION

3. 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)

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 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.

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 on the implementation of the Travel Demand Model of the Denton roadway system, and the resulting proposed updates to the current Mobility Plan. (P.S. Arora)

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.”

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 22, 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:

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

A. June 17, 2015

B. July 8, 2015

3. PUBLIC HEARINGS:

A. Hold a public hearing and consider making a recommendation to City Council regarding amending a Detailed Plan for a single family development zoned Planned Development 12 (PD-12).  The approximately 1.37 acre property is generally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive.  (Z15-0021, Winston Addition, Ron Menguita)

B. Hold a public hearing and consider a Final Replat of Lots 1 through 9, Block B of the Winston Addition; being a residential replat of Tract A of the Wimbleton Village, Phase I, and being 5.89 acres out of the Gideon Walker Survey, Abstract No. 1330 and the M.E.P. & P.R.R. Survey, Abstract No. 950.  The approximately 5.89 acre property is generally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive and is located within a Planned Development (PD-12) zoning district.  (FR13-0032, Winston Addition, Ron Menguita)

C. On remand from City Council, hold a public hearing and consider a recommendation to City Council regarding amendments to the Denton Development Code (DDC), specifically Subchapters 5, 7, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures. (DCA14-0009, Subchapter 22, Darren Groth)

D. Hold a public hearing and consider making a recommendation to City Council regarding repealing Ordinance Nos. 2010-158, 2011-225, 2009-169, 2009-117, 2008-319, 2008-316, 2008-284, 2008-018, 2007-110, 2007-109, and 2007-068 regarding the creation and regulation of the “Rayzor Ranch Overlay District”; re-establishing the new “Rayzor Ranch Overlay District Zone,” generally located on approximately the same 410 acres of land existing on both sides of US Route 380 and between IH-35 and Bonnie Brae Street in order to provide for the efficient regulation of land uses and development standards; rezoning the underlying zoning classifications for all zones in the district to an RCC-D zoning district, except for Zone 2, as indicated herein; rezoning the underlying zoning classification for Zone 2 to NRMU, NRMU-12, and NR-3 as indicated herein; amending Chapter 35, Subchapter 7 of the City of Denton Development Code to remove the former “Rayzor Ranch Overlay District” and replace it with the new “Rayzor Ranch Overlay District Zone”.  (SI15-0016, Rayzor Ranch Overlay District, Sophie Huemer)  This item has been withdrawn.

E. Hold a public hearing and consider making a recommendation to City Council regarding amending the Planning and Development Department Development Review Fee Schedule. (SI15-0018, Ron Menguita) This item has been withdrawn.

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 SCHEDULED 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.)