§ 35.3.5. Planning and Zoning Commission Procedure.

A.

The following actions shall follow the Planning and Zoning Commission Procedure:

1.

Consider an application for a Plat.

2.

Consider an application for a Hardship Variance from the Subdivision Regulations.

3.

Consider an application for an Alternative Tree Preservation Plan.

4.

Consider an application for an Alternative Development Plan.

5.

Consider an application for a Site Plan for an electric substation or switch station.

B.

Criteria for approval—Generally.

1.

A complete application and fee shall be submitted.

2.

Applications may be approved when the following standards are met:

a.

The proposed Plat meets the requirements of Subchapter 16 and state law.

b.

The proposed Hardship Variance is appropriate based on a finding that unreasonable hardships or difficulties may result from strict compliance with the subdivision regulations or the purposes of the regulations may be served to a greater extent by an alternative proposal. A variance may be approved so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning and Zoning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

i.

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

ii.

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

iii.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the subdivision regulations is carried out;

iv.

The variance will not in any manner vary the provisions of The Denton Plan, the Development Code, and the Denton Mobility Plan, except that those documents may be amended in the manner prescribed by law; and

v.

The special or peculiar conditions upon which the request is based did not result from or were not created by the act or commission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought.

c.

The proposed Site Plan may be approved based on the following criteria:

i.

Whether the site plan complies with the standards of this Subchapter, and the Denton Development Code, and other applicable law; and

ii.

Whether the applicant has demonstrated due diligence in substantially complying with the electric substation and switch station standards established in this subchapter; and

iii.

Whether adequate infrastructure is available to accommodate development prior to the development occurring; and

iv.

Whether, to the greatest extent possible, the Site Plan mitigates negative impacts to the surrounding properties; protects the existing neighborhoods; and preserves property values.

C.

Procedure.

1.

Initiation of a Planning and Zoning Commission procedure may be made by:

a.

Recommendation of the City Manager.

b.

Application by the property owner, or their authorized agent.

2.

A public hearing shall be held before the Planning and Zoning Commission in accordance with state law related to residential Replats and Variance applications.

3.

A public meeting shall be held before the Planning and Zoning Commission in accordance with state law related to Plats, Alternative Development Plan applications, and Site Plan review applications for electric substations and switch stations.

4.

After closing the public meeting, the Planning and Zoning Commission may take action consistent with The Denton Plan and the Development Code.

D.

Appeals.

1.

The Planning and Zoning Commission decision on Plats is final and may not be appealed.

2.

The Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City Council by the applicant.

3.

The Planning and Zoning Commission decision on an Alternative Development Plan may be appealed to the City Council by the applicant or the City Manager's designate; however, no further public hearing notification or public hearing shall be required on appeal.

4.

The Planning and Zoning Commission decision on a Site Plan for an electric substation or switch station may be appealed to City Council by the applicant. The City Council decision is a final action and may not be appealed.