AGENDA
PLANNING AND ZONING COMMISSION
January 7, 2015

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, January 7, 2015 at 05:45 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.

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, January 7, 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:

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 19, 2014

B. December 10, 2014

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. Consider a Final Plat of the Fincher’s Bend Addition.  The approximately 29.74 acre property is generally located east of Fincher Road and approximately 550 feet south of Dave Fort Road, within the J.H. Matthews Survey, Abstract No. 1645.  The property is located within the Extraterritorial Jurisdiction of the City of Denton. (FP14-0018, Fincher’s Bend Addition, Sophie Huemer)

B. Consider a Final Plat for Lot 1R, Block A of the Plan-It Self Storage Addition, being a replat of Lot 1, Block A of the Plan-It Self Storage Addition. The approximately 6.02 acre property is generally located at the northeastern corner of Blake Street and Market Street within the M.E.P. and P.R.R. Company Survey, Abstract Number 927. The property is located within an Employment Center Industrial (EC-I) zoning district. (FR14-0016, Plan-It Self Storage, Julie Wyatt).

C. Consider a Preliminary Plat of the Vista Del Arroyo Addition.  The approximately 13.07 acre property is generally located on the south side of Riney Road, approximately 1,450 feet east of N. Bonnie Brae Street and 1,400 feet west of N. Elm Street within the N.H. Meisenheimer Survey, Abstract A-810.  The property is located within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. (PP14-0021, Vista Del Arroyo Addition, Julie Wyatt)

D. Consider a Preliminary Plat of the Western Gate Business Park Addition.  The approximately 22.48 acre property is generally located on the east side of Western Boulevard, approximately 500 feet south of US 380 and 1,700 feet north of Jim Christal Road within the William Bryan Survey, Abstract No. 148.  The property is located within an Industrial Center General (IC-G) zoning district. (PP14-0020, Western Gate Business Park, Mike Bell)

E. Consider a Final Plat of the Western Gate Business Park Addition.  The approximately 22.48 acre property is generally located on the east side of Western Boulevard, approximately 500 feet south of US 380 and 1,700 feet north of Jim Christal Road, within the William Bryan Survey, Abstract No. 148.  The property is located within an Industrial Center General (IC-G) zoning district. (FP14-0015, Western Gate Business Park, Mike Bell)

4. ITEM FOR INDIVIDUAL CONSIDERATION:

A. Consider making a recommendation to City Council regarding an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009, Development Code Amendments, Darren Groth)

5. PUBLIC HEARING:

A. Hold a public hearing and consider making a recommendation to the City Council regarding an application for Historic Landmark Designation for the property located at 801 West Oak Street. The subject site is located on the south side of West Oak Street, south of the intersection of Mounts Street and West Oak Street in the Oak-Hickory Historic District. The Historic Landmark Commission recommends approval of this request, 7-0.  (HL14-0011, 801 West Oak Street, Cindy Jackson)

B. Hold a public hearing and consider making a recommendation to the City Council regarding an application for a Historic Landmark Designation for the property located at 912 West Oak Street. The subject site is located on the north side of West Oak Street, approximately 392 feet east of Fulton Street in the Oak-Hickory Historic District.  The Historic Landmark Commission recommends approval of this request (7-0).  (HL14-0014, 912 West Oak Street, Cindy Jackson)

C. Hold a public hearing and consider making a recommendation to the City Council regarding an application for Historic Landmark Designation for the property located at 924 West Oak Street. The subject site is located on the north side of West Oak Street, approximately 258 feet east of Fulton Street, in the Oak-Hickory Historic District.  The Historic Landmark Commission recommends approval of this request (7-0).  (HL14-0015, 924 West Oak Street, Cindy Jackson)

D. Hold a public hearing and consider making a recommendation to City Council regarding an initial zoning of Neighborhood Residential 4 (NR-4) on approximately 17.76 acres and Neighborhood Residential 6 (NR-6) on approximately 22.57 acres of land on a tract totaling approximately 40.33 acres in size.  The subject property is generally located on the west side of Cooper Creek Road, approximately 750 feet south of Silver Dome Road and 1,250 feet north of Fishtrap Road. (Z14-0010, Windsor Oaks, Mike Bell)

E. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential 2 (NR-2) to Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 5.725 acres.  The subject property is generally located on the south side of Teasley Lane (FM 2181), approximately 300 feet east of Hobson Lane and 1,000 feet west of Pennsylvania Drive. (Z14-0013, Vista Academy, Mike Bell)

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 _________, 2015 at _________ o'clock (a.m.) (p.m.)