AGENDA
PLANNING AND ZONING COMMISSION
January 21, 2015

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, January 21, 2015 at 05:04 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.

2. Receive a discussion in regards in Planning and Zoning Commission procedures. (Brian Lockley)

3. Receive a presentation and hold a discussion on a Specific Use Permit (SUP) to provide for future development and expansion of the Municipal Solid Waste (MSW) Landfill and associated Solid Waste and Recycling services operations, and equipment storage on the proposed 148.0 acre SUP tract. The subject property is primarily located north of Spencer Road, on the east side of Mayhill Road, and is owned by the City of Denton. (Mike Bell)

4. Receive an update to the City Council decisions matrix. (Athenia Green)

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.

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."

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 Teasley Trails, Phase IV.  The approximately 18.197 acre property is generally located northwest corner of the intersection of Ryan Road and Teasley Lane within the J. Fisher Survey, Abstract No. 421.  The property is located within a Neighborhood Residential 6 (NR-6) zoning district with overlay restrictions. (FP14-0013, Teasley Trails, Phase IV Sophie Huemer)

B. Consider a Preliminary Plat of the North Lakes Substation Expansion.  The approximately 39.813 acre property is generally located north of Riney Road, east of N Bonnie Brae Street, and south of N Elm Street (U.S. 77) within the J. Collard Survey, Abstract No. 297.  The property is located within a Regional Center Commercial Downtown (RCC-D) zoning district. (PP14-0016, North Lakes Substation Expansion, Mike Bell)

C. Consider a Final Plat of Lots 1-3, Block A of the North Lakes Substation Expansion.  The approximately 11.362 acre property is generally located at the northeast corner of Riney Road and N Bonnie Brae Street within the J. Collard Survey, Abstract No. 297.  The property is located within a Regional Center Commercial Downtown (RCC-D) zoning district. (FP14-0017, North Lakes Substation Expansion, Mike Bell)

D. Consider a Preliminary Plat of the ARCO Substation Expansion.  The approximately 97.277 acre property is generally located north of Blagg Road, east of Geesling Road, and south of E University Drive (U.S. 380) within the M. Forrest Survey, Abstract No. 417.  The property is located within a Neighborhood Residential 3 (NR-3) and a Neighborhood Residential 6 (NR-6) zoning district. (PP14-0031, ARCO Substation Expansion, 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 City Council concerning an Alternative Environmentally Sensitive Area Plan to allow for residential development within an existing Environmentally Sensitive Area (ESA). The approximately 12.68-acre ESA is located within a proposed 98-acre single-family residential development (Beaver Creek), on the northwest corner of North Loop 288 and Stuart Road. The subject property is within a Neighborhood Residential 4 (NR-4) zoning district.  (ADP14-0009, Beaver Creek, Julie Wyatt)

B. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow for expansion of the Municipal Solid Waste Landfill and associated Solid Waste and Recycling ground services operations and equipment storage on the proposed 148.0 acre SUP tract. The subject property is located north of Spencer Road, on the east side of Mayhill Road, and is owned by the City of Denton. (S13-0007, Municipal Landfill Expansion, Mike Bell)

C. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 4 (NR-4) on approximately 1.38 acres.  The subject property is generally located on the northeast corner of Sherman Drive (FM 428) and Kings Row.  (Z14-0020, Hunters Bend, Mike Bell)

C. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 4 (NR-4) on approximately 1.38 acres.  The subject property is generally located on the northeast corner of Sherman Drive (FM 428) and Kings Row.  (Z14-0020, Hunters Bend, Mike Bell)

C. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 4 (NR-4) on approximately 1.38 acres.  The subject property is generally located on the northeast corner of Sherman Drive (FM 428) and Kings Row.  (Z14-0020, Hunters Bend, Mike Bell)

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 21, 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. January 7, 2015

C. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 4 (NR-4) on approximately 1.38 acres.  The subject property is generally located on the northeast corner of Sherman Drive (FM 428) and Kings Row.  (Z14-0020, Hunters Bend, 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:

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.


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.)