MINUTES July 19,2023  PLANNING AND: ZONING COMMISSSION  After determining that a quorum was present, the Planning and Zoning Commission oft the City of Denton, Texas convened in a Work Session on Wednesday, July 19, 2023, at 5:31 p.m. in the Council Work Session Room at City Hall, 2151 E. McKinney Street, Denton, Texas. PRESENT: Chair Margie Ellis, Vice-Chair Tim Smith, and Commissioners: Jason Cole, Jordan  Villarreal, Eric Pruett, and Donald McDade ABSENT: Commissioner Ronnie Anderson  WORK SESSION  1.Clarification of agenda items listed on the agenda for this meeting. The following items were presented, and a discussion followed: 3.K (FP23-0012a), 4.D (SD23-0001), 4.E (DCA23-0002) The following items were not presented, and no discussion was had: The following items were: not presented, and no discussion was had:  4.B (Z23-0009), 4.C (Z23-0007)  3.B (FP23-0017). 3.C (FP23-0018), 3.D (FP23-0019), 3.E (PP23-0015), 3.F (FP23-0011),3.G (R25.00)3HCFR235.0000A310P23010.316,3PPP0,3LPP2A-03,3NP3-  0014)  The following item was postponed: 4.A (AESA22-0003a) The following item was withdrawn: 3.A (MP23-0017), ,3.M (FP23-0013) The Work Session was adjourned at 5:59p p.m.  REGULAR: MEETING  After determining that a quorum was present, the Planning and Zoning Commission oft the City of Denton, Texas convened in a Regular Meeting on Wednesday, July 19, 2023, at 6:31 p.m. in the PRESENT: Chair Margie Ellis, Vice-Chair Tim Smith, and Commissioners: Jason Cole, Jordan  Council Chambers at City Hall, 215 E. McKinney, Denton, Texas.  Villarreal, Eric Pruett, and Donald McDade ABSENT: Commissioner Ronnie Anderson    1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag MINUTES  2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION A. PZ23-132 Consider the approval of the. June 28, 2023, Planning and Zoning meeting minutes. Commissioner Villarreal moved to approve the June 28, 2023, Planning and Zoning meeting AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  minutes. Motion seconded by Commissioner Pruett Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson 3. ITEMS FOR INDIVIDUAL CONSIDERATION  A. MP23-0017 Consider a request by KAZ Surveying on behalf of Terry Lee and Lucinda May Boaz for approval ofal Minor Replat oft the Boaz Addition. The approximately 9.06-acre site is generally located north of Brush Creek Road and approximately 274.94 feet west of Argyle Lane int the City ofDenton's] Extraterritorial Jurisdiction, Denton County, Texas. (MP23-0017,  Boaz Addition, Angie Manglaris).  The item was withdrawn by the applicant and no discussion was had.  B. FP23-0017 Consider: a request by Kimley-Horn on behalfofRTS. & M, LLC for approval ofa Final Plat for Birchway Denton, III. The approximately 11.6665-acre site is generally located 1074.1 feet west of Mayhill Road, approximately 912.8 feet south of Spencer Road int the City of Denton, Denton County, Texas. (FP23-0017, Birchway Denton, III, Angie Manglaris).  City staff presented the item. No discussion followed.  Commissioner Villarreal moved to approve the extension ofthei item to a date certain of August AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  9, 2023. Motion seconded by Commissioner Cole. Motion carried.  Villarreal NAYS (0): None  ABSENT(I): Commissioner Anderson    C.F FP23-0018 Consider ai request by Steven Homeyer of Homeyer Engineering, Inc. on behalfof Habitat for Humanity of Denton County for approval of a Final Plat of the Habitat Village Addition. The approximately 4.19-acre site is generally located on the west side of Duncan Street and the east side ofHill Street, approximately 240 feet north of Smith Street, in the City ofDenton, Denton County, Texas. (FP23-0018, Habitat Village, Phase 1, Angie Manglaris)  City staff presented the item. No discussion followed.  Commissioner McDade moved to approve the extension oft the item to a date certain of August AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  9, 2023. Motion seconded by Commissioner Cole. Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  D. FP23-0019Considerar request by Amandal Mata with Pelton Land Solutions on behalfofMAD IIOwner, LLC fora approval ofal Final Plat ofThe Mark at] Denton! Phase II. The approximately 10.393-acre sitei is generally located southeast oft the intersection of] North Elm Street (US-77) and North Bonnie Brae Street in the City of] Denton, Denton County, Texas. (FP23-0019, The  Mark at Denton Phase II, Angie Manglaris) City staff presented the item. No discussion followed.  Commissioner' Villarreal moved to approve the extension ofthei item to a date certain of August AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  9,2023. Motion seconded by Commissioner Cole. Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  E. PP23-0015 Consider ai request by David Norris of Foresite Group on behalf of] Denton Anusa, LLC, for approval of a Preliminary Plat of Denton Shady Shore. The approximately 6.9791- acre: site is generally located east ofs) I35-E1 Northbound Service! Road, 415 feet north of Shady Shores Road in the City ofDenton, Denton County, Texas. (PP23-0015, Denton Shady Shore,  Erin Stanley).  City staff presented the item. No discussion followed.  Commissioner Villarreal moved to approve the extension ofthei item to a date certain of August  9, 2023. Motion seconded by Commissioner McDade. Motion carried.    AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  F. FP23-0011 Consider a request by KAZ Surveying, on behalf of Vanessa Mesta, for a Final Plat of Mesta Addition. The approximately 15-acre site is generally located on the North side of Amyx Road, approximately 1.1 miles West of C Wolfe Road, in Denton County, Texas, within the City's extraterritorial jurisdiction (ETJ). (FP23-0011, Mesta Addition, Bryce Van  Arsdale).  City staff presented the item. No discussion followed.  Commissioner Villarreal moved to approve the extension ofthei item toa date certain of August AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  9,2023. Motion seconded by Commissioner Cole. Motion carried.  Villarreal NAYS (0): None  ABSENT(I): Commissioner Anderson  G. - FR23-0009 Consider a request by' Traverse Land Surveying, on behalfof3 Farmers, LLC, for aF Final Replat of East Ponder Estates, Block 2, Lot 14. The approximately 14.45-acre site is generally located West ofI-35, 2.2 miles East ofFM 156, in! Denton County, Texas, within the City of Denton's extraterritorial jurisdiction (ETJ). (FR23-0009, East Ponder Estates, Bryce  Van Arsdale).  City staff presented the item. No discussion followed.  Commissioner Villarreal movedi toa approve the extension ofthei item to a date certain of August AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  9,2023. Motion seconded by Commissioner Pruett. Motion carried.  Villarreal NAYS (0): None  ABSENT( (1): Commissioner Anderson  H. FR23-0010 Consider a request by Brock A. Pfister of Kimley-Horn and Associates, Inc., on behalf of Kevin Lazares of Forestar (USA) Real Estate Group, for approval ofa Final Replat ofthel Eagle Creek - Phase 3A Addition. The approximately 22.78-acre sitei is generally located south of Parvin Street and north and west of Roselawn Drive, in the City of Denton, Denton  County, Texas. (FR23-0010, Eagle Creek - Phase 3A, Ron Menguita). City staff presented the item. No discussion followed.    Vice-Chair Smith moved to approve the extension of the item to a date certain of August 9, AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  2023. Motion seconded by Commissioner Pruett. Motion carried.  Villarreal NAYS (0):1 None  ABSENT (1): Commissioner Anderson  FP23-0016 Consider a request by Denton Independent School District for a Final Plat of the Riney Road Elementary School Addition. The 15.135-acre sitei is generally located ont thes south side ofRiney Road, approximately 560 feet east of Bonnie Brae Street, in the City of Denton,  Denton County, Texas. (FP23-0016, Riney Elementary, Julie Wyatt) City staff presented the item. No discussion followed.  Vice-Chair Smith moved to approve the extension of the item to a date certain of August 9, AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  2023. Motion seconded by Commissioner Villarreal. Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  J. PP23-0016 Consider ai request by Robson Denton Development, L.P. fora al Preliminary Plat of thel Robson Ranch Unit 28-2. The 11-acre sitei is generally locatednorth ofthe Basanite Avenue terminus and west of the Blue Granite Drive terminus, in the City of Denton, Denton County,  Texas. (PP23-0016, Robson Ranch Unit 28-2, Julie Wyatt) City staff presented the item. No discussion followed.  Vice-Chair Smith moved to approve. the extension of the item to a date certain of August 9, AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  2023. Motion seconded by Commissioner McDade. Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  K. FP23-0012a Consider a request by Aimee Bissett of 97 Land Company on behalf of Agave Ranch Development LLC: for approval ofal Final Plat for Agave Ranch, Phase 2. Addition. The approximately 92-acre Agave Ranch sitei is generally located on the east side of East Sherman Drive (FM 428), approximately 1,465 feet north of Hartlee Field Road in the City of Denton,  Denton County, Texas. (FP23-0012a, Agave Ranch, Ph2Julie Wyatt) City staff presented the item and discussion followed.    Citizen comments will be listed on Exhibit A. seconded by Commissioner Cole. Motion carried.  Vice-Chair Smith moved to approve the item as presented by staff with conditions. Motion AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  L. PP23-0013a Consider a request by Pulte Homes of Texas, L.P. for a Preliminary Plat ofthe Townsend Green Phase 2 Addition. The 27.959-acre site is generally located south side of Pederson Creek Way, approximately 2,400 feet south ofl East McKinney Street, in the City of Denton, Denton County, Texas. (PP23-0013a, Townsend Green Phase 2, Julie Wyatt)  City staff presented thei item. No discussion followed.  Commissioner Villarreal moved to approve the item as presented. Motion seconded by Vice- AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Chair Smith. Motion carried.  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  M. FP23-0013 Consider a request by Todd Hensley, on behalf of D.R. Horton Texas Ltd., for a Final Plat of Stuart Ridge, Phase 3. The approximately 42.585-acre site is generally located on the northeast side of] Knob Hill Drive, approximately 30: feet northeast of the intersection of Knob Hill Drive and Saddlehorn Drive, in the Extraterritorial Jurisdiction of the City of Denton, Denton County, Texas. (FP23-0013, Stuart Ridge Phase 3, Sean. Jacobson). The item was withdrawn by the applicant and no discussion was had.  N. FP23-0014 Consider a request by Westglen Partners, Ltd. for a Final Plat of the Westview Heights Addition. The 6.425-acre site is generally located at the northwest corner of the intersection of F.M. 1173 and IH-35 in the City of Denton, Denton County, Texas. (FP23-  0014, Westview Heights Addition, Mia Hines). City staff presented the item. No discussion followed.  Commissioner Villarreal moved to approve the extension ofthei item to a date certain of August  9, 2023. Motion seconded by Vice-Chair Smith. Motion carried.    AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None 4. PUBLICHEARINGS  ABSENT (1): Commissioner Anderson  A. AESA22-0003a Hold a public hearing and consider making ar recommendation to City Council regarding: ar request by the: applicant, Aimee Bissett on behalfofJ.R. Mariotofar-Properies Ltd., to remove approximately 0.19 acres of Water Related Habitat and mitigate by creating approximately 0.336 acres of wetland adjacent to a waterway. The site is generally located south ofU.S. Highway 380 approximately 1,650 feet west ofthei intersection ofU.S. Highway 380 and N. Western Boulevard, in the City of Denton, Denton County, Texas. STAFF HAS POSTPONED THIS ITEM TO THE AUGST 9, 2023 PLANNING AND ZONING COMMISSIONI MEEINGIAESAZ-0A Denton Crossing Phase 3, Christi Upton)  The item was postponed, and no action was taken.  B. Z23-0009 Hold a public hearing and consider making a recommendation to City Council regarding a request by Denton / Mayhill Quail Creek Investment, LLC for a zoning change from the Public Facilities (PF) District to the Mixed-Use Regional (MR) District. The 3.456- acre site is generally located west ofl Mayhill Road, approximately 8501 feet south of Roy Road, in the City of Denton, Denton County, Texas. (223-0009,Jefferson at Mayhill, Mia Hines).  Chair) Ellis opened the public hearing.  City staff presented the item. A discussion followed. Chair Ellis closed the public hearing. Commissioner Pruett. Motion carried.  Vice-Chair Smith moved to approve the item as presented by staff. Motion seconded by AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0):1 None  ABSENT (1): Commissioner Anderson  C. Z23-0007 Hold a public hearing and consider making a recommendation to City Council regarding a request by Jose Carillo, of Allison Engineering, on behalf of Cudd Investments, LLC, the property owner, toi rezone approximately 1.73 acres from a Residential: 2 (R2)zoning district to a Mixed-Use Neighborhood (MN) zoning district. The subject site is generally located ont the west side ofNorth Bonnie Brae Street, 4701 feet north ofthe intersection ofNorth Bonnie Brae Street and West Windsor! Drive. (Z23-0007, 2801 NI Bonnie Brae Rezoning, Sean  Jacobson)    Chair Ellis opened the public hearing.  City staff presented the item. A discussion followed. Citizen comments will be listed on Exhibit. A. Chair Ellis closed the public hearing. Commissioner Pruett. Motion carried.  Commissioner McDade moved to approve thei item as presented by staff. Motion seconded by AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  D. SD23-0001 Hold a public hearing and consider making a recommendation to City Council regarding a Special Sign District forl Denton High School. The approximately 156-acre subject property is zoned Public Facilities (PF) District and generally located on the southwest corner of Bronco Way and North Bonnie Brae Street in the City of Denton, Denton County. (SD23-  0001, Denton High School Special Sign District) Chair Ellis opened the public hearing.  City staff presented the item. A discussion followed. Citizen comments will be listed on Exhibit. A. Chair Ellis closed the public hearing. Commissioner Cole. Motion carried.  Vice-Chair Smith moved to approve the item as presented by staff. Motion seconded by AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  E. DCA23-0002 Hold aj public hearing and consider making a recommendation to City Council amending the Denton Development Code related to Short-Term Rental uses, specifically amendments to Sections 5.3.5T.1.b and 5.3.51.2.e.111 related to removing the primary residency requirements associated with a short-term rental property. (DCA23-0002, Short-  Term Rental Primary Residence Code Amendment, Ron Menguita)  Chair Ellis opened the public hearing.  City staff presented the item. A discussion followed.    Chair Ellis closed the public hearing. Commissioner Cole. Motion carried.  Vice-Chair Smith moved to approve the item as presented by staff. Motion seconded by AYES (6): Chair Ellis, Vice-Chair Smith, and Commissioners: Cole, Pruett, McDade, and  Villarreal NAYS (0): None  ABSENT (1): Commissioner Anderson  5. PLANNING & ZONING COMMISSION PROJECTMATRIX  PZ23-140: Staffp provided updates regarding the matrix, City Council outcomes, Development Chair Ellis requested a work session regarding the status and future plans for Westgate Drive. Vice-Chair Smith requested a written update regarding changes to the City's Ethics Ordinance  Code Review Committee outcomes. Discussion on the matrix occurred.  that may impact the P&Z. 6. CONCLUDING ITEMS  With no further business, the meeting was adjourned at 7:54 p.m.  sL Margie Ellis/Planning: and! Zoning Commission Chair Capln Cathy Welborn, Administrative. Assistant III  r9.23 Date 8/9/23 Date  Minutes approved on: Auqust 9, 2013