AGENDA
PLANNING AND ZONING COMMISSION
August 11, 2010

After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, August 11, 2010 at 05:46 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

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 report, hold a discussion, and give staff direction regarding proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181. (DCA10-0006, Gas Well Ordinance Amendment, Nana Appiah)

Consult with City’s attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction; (5) legal issues and recommendations associated with the strategic filing by applicants of "plans for development" not recognized by the City’s codes and regulations, and; (6) discussion of legal issues, recommendations and advice relating to proposed amendments to the City’s ordinances and regulations relating to gas well drilling and production in the City limits and extraterritorial jurisdiction, specifically including those referenced in item No. 2 on the Work Session and item No. 4.B in the Regular Meeting.

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, August 11, 2010 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. June 9, 2010, June 23, 2010, July 14, 2010 and July 28, 2010

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. Conveyance Plat of Lot 2, Block A of the Wheeler Ridge Commercial Addition. The 6.427 acre site is located at the southeast corner of Teasley Lane (F.M. 2181) and Robinson Road. The property is located within a Planned Development (PD-176) zoning district. (CV10-0005, Wheeler Ridge Commercial Addition, Lot 2, Block A, Nana Appiah)

B. Final Plat of Lot 1, Block A of the Wheeler Ridge Commercial Addition. The 4.081 acre site is located at the southeast corner of Teasley Lane (F.M. 2181) and Robinson Road. The property is located within a Planned Development (PD-176) zoning district. (FP10-0007, Wheeler Ridge Commercial Addition, Lot 1, Block A, Nana Appiah)

C. Final Replat of Lots 1-15, Block B, Robson Ranch Section 7-1, and Lot 1, Block A, Robson Ranch Golf Course A, Phase 1. The 25.87 acre site is located west of Ed Robson Boulevard and north of Robson Ranch Road. The property is located within a Planned Development (PD-173) zoning district. (FR10-0006, Robson Ranch Section 7-1, Nana Appiah)

4. PUBLIC HEARINGS:

A. Hold a public hearing and consider approval of a Residential Replat of Lot 1, Block A of the Villas of Forest Glen and Lot 2 of East Missions Estates. The approximately 5.4 acre site is located on the north side of Hobson Lane, between Fort Worth Drive and Teasley Lane. The property is located within a Neighborhood Residential 6 (NR-6) zoning district. (FR10-0007, Replat-Villas of Forest Glen, Johnna Matthews)

B. Hold a public hearing and consider making a recommendation to the Denton City Council regarding proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181. (DCA10-0006, Gas Well Ordinance Amendment, Nana Appiah)

5. 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 SCHED�ULED 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 _________, 2010 at _________ o'clock (a.m.) (p.m.)