Back to Denton

Staff urge denial of a 45-lot subdivision plat off Old Alton Road unless planners give the developer another month

The Norgaard Addition, about 60 acres outside the city limits, has one entrance, gas wells nearby and no stated water provider, staff told the Planning and Zoning Commission ahead of Wednesday's meeting.

Zane Boyd· AI-assisted, edited by Jake Team

October 17, 20263 min read

A developer's plan to carve about 60 acres south of Old Alton Road into a 45-lot subdivision is headed to the Planning and Zoning Commission on Wednesday, Oct. 21, with city staff recommending denial unless commissioners give the applicant another month to fix the plat.

The final plat for the Norgaard Addition was filed Sept. 21 by Traverse Land Surveying on behalf of the Norgaard Revocable Trust. The land sits about 2,840 feet from Copper Canyon Road in Division 1 of Denton's extraterritorial jurisdiction, outside the city limits.

The drawing in the agenda packet shows rows of lots of roughly an acre each, along with two lots set aside for a homeowners association.

Why staff says no, for now

Planning staff concluded the plat "does not meet the established criteria for approval" and listed the problems in a multipage analysis. Among them:

  • One way in. The subdivision would take access from Old Alton Road through a single entrance. Staff asked whether that had been coordinated with city and county officials, noting that two access points are usually required for developments of 30 lots or more.
  • Nearby gas wells. City records show active gas wells within 1,000 feet. Lots inside that distance must be marked on the plat with a note telling buyers about the producing wells and the possibility that wells could be drilled, fractured or re-fractured in the future.
  • Water and sewer. The city will not provide water or wastewater service. Staff wants the plat to spell out who will, and to state who serves water to any lot under two acres.
  • Roads and flooding. Staff asked whether the subdivision's streets will be public or private, and for street names if public. Because Old Alton is a county road, staff said land along it should be shown as a right-of-way reservation rather than a dedication. Floodplain crosses part of two lots, and staff asked for minimum finished floor elevations and the city's standard environmentally sensitive area note.

A month's reprieve on the table

On Oct. 6, a city planner emailed the applicant that a resubmittal would be required and that staff would recommend denial at the Oct. 21 meeting. The email offered three choices: withdraw, ask for a 30-day extension, or face the denial recommendation. A managing partner at Cana Capital answered the same afternoon: "30 day extension please."

Staff says it has no objection to the extension, which would move the plat to Nov. 18. Commissioners can grant the extension, approve the plat as submitted or deny it with reasons. The packet says this is the first extension request and that the applicant may ask for more later.

Denton's subdivision rules apply in the extraterritorial jurisdiction, but the agenda sheet notes the city has no zoning or land use authority there, and building permits are reviewed by Denton County.

Because of House Bill 3699, which changed the state's platting law in 2023, staff marked several of its usual tests, including consistency with the comprehensive plan and effects on neighboring property, as no longer applicable.

No public outreach is required for a final plat. The commission's work session begins at 5:30 p.m. and its regular meeting at 6:30 p.m. at City Hall, 215 E. McKinney St.

Sources

legistar2.granicus.com

legistar2.granicus.com

legistar2.granicus.com

legistar2.granicus.com

legistar2.granicus.com

Share

Zane Boyd· AI-assisted, edited by Jake Team

Zane Boyd writes about community life, schools, public safety, and local events in Denton.

Related Stories

More in Texas