AGENDA
PLANNING AND ZONING COMMISSION
November 28, 2012

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, November 28, 2012 at 04:34 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

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.

Following the completion of the Work Session, the Planning and Zoning Commission 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 Planning and Zoning Commission will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting.  The Planning and Zoning Commission 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.

CLOSED SESSION 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 Phase I and proposed Phase II 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, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance.

Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551.  The Planning and Zoning Commission reserves the right to adjourn into a Closed Meeting as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its Open Meeting agenda or to reconvene in a continuation of the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Section 551.071-551.086 of the Texas Open Meetings Act.

2. Receive a report, hold a discussion, and give staff direction regarding the proposed Phase II revisions to the Gas Well Ordinance.

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, November 28, 2012 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. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR:

A. November 14, 2012

3. 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. Final Plat of Lot 6A, Block B of the Shady Oaks Industrial Park Addition; being a replat of Lot 6 and Lot 6-1-R, Block B of the Shady Oaks Industrial Park Addition and Lot 6-2-R, Block B of the Expressway Industrial Park Addition.  The approximately

15.144 acre property is generally located at the southeast corner of Teasley Lane and the Rails to Trails.  The property is located within an Employment Center Industrial (EC-I) zoning district. (FR12-0009, DCTA Bus O&M Facility, Ron Menguita)

B. Preliminary Plat of the Country Lakes West Addition. The approximately 76.027 acre property is located north of Crawford Road and west of John Paine Road within the BBB & CRR Survey, Abstract No. 158.  The property is located within a Planned Development (PD-174) zoning district. (PP12-0005, Country Lakes West, Cindy Jackson) Planning and Zoning Commission November 28, 2012 Page 3 of 3

4. PUBLIC HEARINGS:

A. Hold a public hearing and consider making a recommendation to the City Council regarding amending Subchapter 35.22 of the Denton Development Code concerning the adoption of the Gas Well Ordinance Phase II revisions. (DCA12-0005, Gas Well Ordinance Phase II Revision, Darren Groth)

5. OTHER AGENDA ITEMS:

A. Consider approval of the 2013 Planning and Zoning Commission calendar.

6. 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.

7. 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 _________, 2012 at _________ o'clock (a.m.) (p.m.)