The following items may come before the Lake Ray Roberts Planning and Zoning Commission for discussion and possible action: I.

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1 Lake Ray Roberts Planning & Zoning Commission Public Hearing Mary and Jim Horn Government Center Public Works Conference Room Suite East McKinney Street Denton, Texas Monday, April 15, :00 P.M. The following items may come before the Lake Ray Roberts Planning and Zoning Commission for discussion and possible action: I. Call to order II. III. IV. Approve Minutes of the March 18, 2013 meeting. Introduction Staff will give background information and introduce agenda item, followed by applicant further detailing of the nature and reason for application/request. Public Comments Citizens wishing to speak to the Lake Ray Roberts Commission will need to sign in. Pursuant to State Open Meetings Law, the Lake Ray Roberts Commission is restricted in discussing or taking action on items not posted on the agenda. In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Lake Ray Roberts Commission may impose a three-minute limitation on persons addressing the Commission. Please address all comments to the Presiding Officer. V. Consider Discuss, Approve and/or Take Any Appropriate Action on the request: Lake Ray Roberts Request for Special Use Permit Rueben Beebee Survey Abstract 29 Tract 30I, Precinct One Texas Government Code (A)-(B) Consultation with Attorney in a closed meeting when the governmental body seeks the advice of its attorney about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Texas Government Code Chapter 551. VI. Adjournment

2 PUBLIC HEARING MINUTES Lake Ray Roberts Planning & Zoning Commission Mary and Jim Horn Government Center Conference Room Suite East McKinney Street Denton, Texas March 18, 2013 at 12:00pm Commission Members Present Appointed By Richard Bullwinkle County Judge Roger Hennen County Judge John Coker City of Sanger R. Scott Alagood (Chairman) Commissioner, Precinct 1 Jim Engelbrecht City of Denton Ken Carson (Vice Chair) County Judge Commission Members Absent Appointed By Jeff Springer Commissioner, Precinct 1 Staff Members Present Alfredo Perez-Lozano Terri Crabtree Gary Cook William Schultz Department Public Works EIT Planning Coordinator Planning Coordinator District Attorney Civil Division The following items may come before the Lake Ray Roberts Planning and Zoning Commission for discussion and possible action: I. Call to order II. III. R. Scott Alagood called meeting to order at 12:07 pm. Approve minutes of the December 17, 2012 meeting Jim Engelbrecht made a motion for approval of the December 17, 2012 minutes. Richard Bullwinkle seconded the motion. The motion carried unanimously 6-0. Introduction Alfredo Perez-Lozano addressed the Planning and Zoning Commission, and explained the request on the Agenda. Mr. Perez-Lozano explained that Mr. Dennis Satterfield and Mrs. Pamela Satterfield, the applicants, were requesting a Special Use Permit on their property for an accessory dwelling unit. They plan to live in these quarters while their main residence is being constructed, and subsequently use the structure as an accessory dwelling unit. All residential zoning classifications require a Special Use Permit for accessory dwelling units per the Lake Ray Roberts Land Use Ordinance. Terri Crabtree showed the Commission the subject property on the County s Landmark GIS mapping tool. After staff introduction, Mr. Satterfield continued to explain the nature of his request, referencing the site plan in the handout. Mr. Coker asked him how long they were planning to

3 Denton County Lake Ray Roberts Planning and Zoning Commission Minutes Monday, March 18, 2013 Page 2 live there before the main residence is constructed, to which Mr. Satterfield replied that he planned have the main residence built there no later than 3 years from now. Mr. Carson asked what was his intention for the accessory dwelling once the house is there, to which Mr. Satterfield replied that it would house guests and and accommodate for family leisure activities. IV. Public Comments Citizens wishing to speak to the Lake Ray Roberts Commission will need to sign in. Pursuant to State Open Meetings Law, the Lake Ray Roberts Commission is restricted in discussing or taking action on items not posted on the agenda. In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Lake Ray Roberts Commission may impose a three-minute limitation on persons addressing the Commission. Please address all comments to the Presiding Officer. There was one resident in support of the Special Use Permit request, who did not wish to comment at the meeting. V. Consider, discuss, approve and/or take any appropriate action on the request: Lake Ray Roberts Request for Special Use Permit Muir-Switzer Addition, Block 1, Lot 3R5-2, Precinct One Chairman R. Scott Alagood opened the discussion for request on the agenda. Mr. Alagood asked the Commission Members if anyone else wanted to speak on the agenda item. Mr. Alagood asked if any Commission Members or anybody else had any more questions for staff or the applicant. Richard Bullwinkle made the motion to approve and Ken Carson seconded the motion. The Commission voted unanimously 6-0 to recommend approving the Special Use Permit for the accessory dwelling unit as requested. VI. Adjournment Chairman R. Scott Alagood adjourned the meeting at 12:10 p.m.

4 Denton County Lake Ray Roberts Planning and Zoning Commission Minutes Monday, March 18, 2013 Page 3 Read and approved by the Lake Ray Roberts Planning and Zoning Commission on the: day of Chairman: Attest:

5 BRIEFING MEMORANDUM TO: LAKE RAY ROBERTS PLANNING & ZONING COMMISSION FROM: ALFREDO PEREZ-LOZANO, ENGINEER-IN-TRAINING SUBJECT: SPECIAL USE PERMIT REQUEST DATE: March 27, 2013 P & Z MEETING: April 15, 2013 March 18, PUBLIC HEARING AGENDA ITEM Consider Discuss, Approve and/or Take Any Appropriate Action on The Request for a Special Use Permit on Rueben Beebee Survey Abstract 29 Tract 30I, Precinct One. The applicant, Tammy Hartman, submitted her Application for Request for Special Use Permit on 3/21/13. The applicant is requesting a special use permit to turn a portion of an existing metal barn into living quarters, which will be considered an Accessory Dwelling Unit when the main applicant builds a main residence on the property. As currently zoned Residential 1- Acre Minimum the property requires a Special Use Permit to be issued for any proposed Accessory Dwelling Unit. SURROUNDING LAND USES Surrounding tracts of land in the A0029a R. Bebee abstract are currently zoned a mix of AG Agricultural District and Residential One Acre Minimum from the Lake Ray Roberts Land Use Ordinance and the land use for the area is R1/R2/R3 (Residential 1/2/3 Acre Minimum) as shown by the attached zoning and land use maps for the area.

6 PUBLIC HEARING NOTICE SUP Pursuant to Texas Local Government Code , Notice is hereby given that the Lake Ray Roberts Planning and Zoning Commission will hold a Public Hearing to consider a request for a Special Use Permit as stated in the amended Lake Ray Roberts Zoning Ordinance, effective February 24, The applicant, Tammy Hartman is requesting for the Commission to grant a Special Use Permit for a proposed accessory dwelling unit on her property. The intent for the building is to convert/remodel the inside of an existing metal barn and transform a portion of it into living space. Since she plans to build a main residence in the future, these quarters will then become accessory to the main residence, requiring the requested Special Use Permit. The property is currently zoned the Residential 1 Acre Minimum, which requires a Special Use Permit for any Accessory Dwelling Unit. The Public Hearing will be held on Monday, April 15, 2013 at 12 p.m., at the Mary & Jim Horn Government Center, 1505 East McKinney Street, Suite 176 (Public Works Conference Room), Denton, Texas For more information, please contact the Denton County Planning Department, at (940) Schedule of Permitted Uses The following symbols are applicable to the interpretation of the Permitted Uses Chart. (2-402). LEGEND DESCRIPTION X -Indicates Use permitted in district indicated Empty -Indicates use prohibited in district indicated S -Indicates use may be approved with a Special Use Permit LAND USE AG R1 R2 R3 R4 R5 R/C PD ACCESSORY BUILDING/USE X X X X X X X X ACCESSORY DWELLING UNITS S S S S S S

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9 Landmark GIS Denton County SUP Foot Buffer Area ,900 3,800 Feet This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user.

10 Ridgewood Farms LLC 2401 Ada Place NE Albuquerque, NM Ridgewood Farms LLC 2401 Ada Place NE Albuquerque, NM Ridgewood Farms LLC 2401 Ada Place NE Albuquerque, NM Jenny Pearl Mccuistion PO Box 662 Jenny Pearl Mccuistion PO Box 662 Jenny Pearl Mccuistion PO Box 662 Daniel & Susan Nindorf 4861 Lois Rd E Daniel & Susan Nindorf 4861 Lois Rd E Daniel & Susan Nindorf 4861 Lois Rd E Tammy M Hartman Sanctuary Cir Tammy M Hartman Sanctuary Cir Tammy M Hartman Sanctuary Cir Jimmy D & Diana L Wheat 5025 E Lois Rd Jimmy D & Diana L Wheat 5025 E Lois Rd Jimmy D & Diana L Wheat 5025 E Lois Rd Clinton & Courtney Page PO Box 222 Argyle, TX Clinton & Courtney Page PO Box 222 Argyle, TX Clinton & Courtney Page PO Box 222 Argyle, TX Michael & Tiffany Mcevers 6495 Trietsch Rd Michael & Tiffany Mcevers 6495 Trietsch Rd Michael & Tiffany Mcevers 6495 Trietsch Rd Larry M Prater 4937 Lois Rd E Larry M Prater 4937 Lois Rd E Larry M Prater 4937 Lois Rd E Nancy C Smith 1996 Huling Rd Nancy C Smith 1996 Huling Rd Nancy C Smith 1996 Huling Rd Roy D & Nicki Nelson PO Box 819 Roy D & Nicki Nelson PO Box 819 Roy D & Nicki Nelson PO Box 819

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18 From: To: Subject: Date: Kim Murphy Alfredo Perez-Lozano RE: SUP #13-02 (Hartman) Friday, April 12, :19:37 AM Alfredo, Thanks for the prompt response. I can send a formal letter later today if necessary. But our concern (as I understand the application) relates to the fact that this request is being presented as an accessory use to a principal use (main dwelling) which at this time does not exist. Is it correct that there is no main dwelling on the property currently? How can the applicant have an accessory use to a future/planned use? If the Commission were to approve, what would ensure that the main dwelling would ever be constructed? Seems that such a request (if approved) would open the door to all sorts of "accessory" uses on property where no current, allowable primary use exists. Based on information provided, and the above reasoning, we would ask for DENIAL of the applicant's request for SUP #13-02 (Hartman). Thank you. Kim D. Murphy Ridgewood Farms LLC PS: Please confirm receipt. Thx Original Message----- From: Alfredo Perez-Lozano [mailto:alfredo.perez-lozano@dentoncounty.com] Sent: Friday, April 12, :51 AM To: Kim Murphy Subject: RE: Data posted from form on Internet You can me your comments and I can express them to the Commissioners during the meeting next week, or you can come to meeting and voice your opinion if you'd like. Sincerely, Alfredo Perez-Lozano -----Original Message----- From: kmurphy@unm.edu [mailto:kmurphy@unm.edu] Sent: Friday, April 12, :47 AM To: Alfredo Perez-Lozano Subject: Data posted from form on Internet *********************************************************************************** To : Alfredo Perez-Lozano Subject : SUP Request #13-02 (Hartman) User Name : Kim Murphy User kmurphy@unm.edu User Address : 8633 Kacey Lane SW User City : Albuquerque

19 User State : New Mexico User Zip : User Phone : User Fax : Contact Requested : Yes Remote IP address : HTTP User Agent : Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 6.1; Trident/4.0; SLCC2;.NET CLR ;.NET CLR ;.NET CLR ; Media Center PC 6.0; InfoPath.2) Date : 4/12/2013 Time : 9:46:53 AM Page Referrer : Comments : Where do I comments? We own adjoining property (Ridgewood Farms LLC). ***********************************************************************************

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