A. Consultation with Attorneys?Under Texas Government Code Section 551.071.
1. 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.
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. May 21, 2014
3. PUBLIC HEARING:
A. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty-seven (27) unit multi-family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. (S13-0006, University Apartments, Nana Appiah)
B. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow the installation of a telecommunications tower on a property located in an Industrial Center General (IC-G) zoning and use district on approximately 6.88 acres. The subject property is generally located south of McKinney Street, approximately 1700 feet west of Trinity Road. (S13-0008, Atmos Energy Tower, Nana Appiah)
C. Hold a public hearing and consider making a recommendation to City Council regarding an ordinance amending Ordinance No. 2014-137, which established a moratorium on the acceptance, processing and approval of certain applications for gas well permits for gas well drilling and production activities 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 or site plans, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, by revising exemptions and variance procedures; making minor clarification changes; providing a cumulative clause; providing a severability clause; and providing an effective date. (SI14-0001, Darren Groth)
D. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit with conditions to allow a "Kindergarten, Elementary School" use on an approximately 7.11 acre property generally located at the southeast corner of Teasley Lane and Pennsylvania Drive. The site is located within a Neighborhood Residential 2 (NR-2) zoning district. (S14-0001, Vista Academy K-5, Mike Bell)
E. Hold a public hearing and consider making a recommendation to City Council regarding rezoning of approximately 6.71 acres of land from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential 6 (NR-6) zoning district and Neighborhood Residential Mixed Use (NRMU) zoning district and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The subject property is located the northeast corner of the intersection of E. McKinney Street and Jannie Street. (Z11-0018, Greenbriar Court, Cindy Jackson)
F. Hold a public hearing and consider a Final Replat for The Preserve at Pecan Creek, Section N, Phase 3A, Lots 102R-105R and 108X, Block 8 and Section N, Phase 3B, Lots 99R-101R and 90X, Block 8; being a residential replat of The Preserve at Pecan Creek, Section N, Phase 3A, Lots 102-105, Block 8 and Section N, Phase 3B, Lots 99-101, Block 8 situated within the Gideon Walker Survey, Abstract No. 1330. The approximately 1.382 acre property is generally located north of Bishop Pine Road, east of Knoll Pines Road. The property is located within a Planned Development (PD-132) zoning district. (FR14-0006, The Preserve at Pecan Creek, Section N, Phases 3A and 3B, Julie Wyatt)
G. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning of approximately 3.54 acres from Neighborhood Residential 1 (NR-1) to Neighborhood Residential Mixed Use (NRMU). The subject property is generally located at the southeast corner of US Highway 377 (Fort Worth Drive) and Hamilton Road. (Z14-0008, US HWY 377, Michele Berry)
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.