WEBVTT

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 good evening it's we're back for round two again my name is Amber Briegel I'm

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 chair to the Zoning Board of Adjustments it is June 29th 2022 and the time is 7

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 36 this is the second meeting where we were are gonna do our deliberations but

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 in order we're first gonna do the pledge again because this is totally separate

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 meeting so rise again

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 okay thank you okay so we we are not the Planning and Zoning Commission we're

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 the Zoning Board of Adjustments we have a much stricter kind of framework from

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 which to work we can't tweak site plans like P&Z can this is we have kind of

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 some strict guidelines to go by so I'm gonna ask legal to kind of walk us

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 through what are our options as we deliberate in the second meeting so the

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 first thing to consider is that the reason we're all here is because of an

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 appeal of an administrative decision and that decision was to approve the zoning

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 compliance plan we spent two hours talking about the various reasons why

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 there's some debate about whether it was appropriate to do so but your base

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 question is whether staff got it right whether staff got it wrong and for both

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 if so why as you can see on this slide here you have three options you can

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 agree in whole with the staff you can reverse staff's decision which has the

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 effect of denying the zoning compliance plan and effectively causing the project

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 to submit a new zoning compliance plan the final option is a hybrid you can

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 amend or modify the administrative officials approval of the ZCP which

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 would require modifications of the plan set in order to meet whatever code

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 requirement you may or may not decide was not correctly applied so what that

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 would look like would be approving staff's decision as to those segments of

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 the code you agreed with and modifying to be a denial as to the segment of the

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 code that you as a board did not agree with that would still have the effect of

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 causing the applicant to resubmit a new zoning compliance plan other general

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 advice is to pay attention to do the evidence that was presented to you as a

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 quasi-judicial body it's your responsibility to decide who's credible

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 and whether the information that was presented to you is real relevant to the

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 question at hand which is was the approval appropriate and finally Ron

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 and I are able to answer procedural or legal questions but questions of any of

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 the parties as discussed we already exhausted that opportunity thank you

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 thank you before we deliberate Robert's Rules of Orders says that we need to

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 have a motion so we know what it is we're discussing so I would entertain a

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 motion from the board so we know what direction to go in and you can see here

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 these are the on the screen in front of you these would be our options I move to

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 affirm the administrative officials approval of the ZCP thank you we have a

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 motion to affirm is there a second second we've got a second great okay now

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 we can have some discussion you want to tell us more about why you made that

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 motion sure so for the record I think it's sad that all those trees are gonna

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 go I am a tree hugger however it has come to my attention that recently my

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 own home was once a cow pasture so it's a little bit hypocritical of me to fuss

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 about whether whether I like the trees going or not but to have other people

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 have a home to live in some land has to go when my own home my own situation

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 would have been the same so for the record I don't like that the trees are

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 going for the record I can I can see being a homeowner and seeing those

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 beautiful trees and then all of a sudden there's an apartment complex right there

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 it would be very concerning for me on multiple levels so the reason I made the

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 motion was not because I don't empathize with where you might find yourself as a

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 homeowner however given my role on the board and what it is that we're supposed

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 to be deliberating I tried my best to understand the appellants concerns which

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 is why I asked mr. Perry if we could at least confirm that we were on the same

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 page and it sounded like we were so three main issues for me and one was

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 about access one was about I'm sorry the fire code the fire lanes the access the

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 easement issue and then the tree preservation but I think that the staff

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 has presented on each of those points evidence from the Denton development

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 code and I think one of the biggest things is that is the understanding that

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 this is part of a multi-phase process and so approving the ZCP does not mean

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 that the developer has a permit yet and I trust and found credibility in the

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 staff's presentation that before they would issue a permit all of those things

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 would be satisfied so for that reason I I moved to affirm their decision thank

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 you sure so other discussion yeah go ahead your microphone please

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 question for Ron and for legal rep mr. Vansant mentioned that they expected

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 that sometime in about a week or so in about a week or so that but very very

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 near that they would be have established the access rights to create the second

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 access for the fire code and I was wondering why we were having this

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 meeting ahead of that if that's the case so to answer your question really

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 quickly on the meeting there is a certain time limit for us to consider

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 this appeal after it's been submitted so that's part one as far as the actual

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 easement there is obviously no timeline for that specifically but of course that

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 would be something that would need to be submitted prior to the next step that

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 part I understand it's confusing to me that if it's that close it would just

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 sort of seal the deal completely and why we wouldn't have waited to hold this

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 meeting until that was in hand and again being so close not sure when we would be

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 getting that and we can with the timeline that was set we needed to add

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 quickly that's an aspiration but it could be longer Texas local government

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 code requires us to hold meeting within 60 days of the appeal being filed so

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 we're kind of obligated to do that and for that that was our driving factor and

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 yeah sorry so further comment about the motion which is to affirm the approval

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 yeah go ahead please I would just like to second the comments that have been

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 provided across the board in the sense that you know my two factors for

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 affirming are related to to both the points of access and the concerns around

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 the fire codes as well as the trees and landscaping concerns that were raised I

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 think there are a lot of conditions related to the trees and landscaping I

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 think you already kind of acknowledged that you feel like they're probably gonna

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 be more lost and then we anticipate but but that there will be some sort of

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 enumeration in that in that respect related to the fire code I think the the

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 part for me is that we are the current plan exceeds the requirements of the

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 code and as such was there to be any failure to meet the requirements of this

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 plan after this approval has been met they would have to go back and have you

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 know to another to another board to discuss this so that's really kind of

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 the factors related to this second to that I will say you know the I know that

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 the ESA kind of discussion is not relevant or pertinent to this discussion

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 but but I completely understand the concerns of those that raise that issue

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 as well and I would I would feel them as well so thank you thank you there are

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 the comments no okay so the motion is to affirm and if this because I correct me

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 if I'm wrong if if the motion was to deny we would have to have six votes but

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 in in order to reverse the the current staff ruling in this case is just a

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 simple majority to affirm correct that's correct okay all right so we have a

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 motion to affirm we've got a second we've had some conversation one more

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 time does anyone want to say anything before you vote we're good okay so all

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 those in favor of affirming the administrative officials approval of the

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 ZCP raise your hand and all those against and any abstain so the motion

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 passes one two three four five to one all right thank you are there any

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 concluding items before we call the meeting chair just because I'm being

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 procedurally walkish could we also have a vote to adopt staffs findings of fact

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 adopt staffs finds a fact yes yes with it someone like to make a motion to

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 adopt staffs findings of fact I'll make that motion yes and a second we have a

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 first and a second any discussion all those in favor raise your hand any

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 opposed and any abstain got five in favor and one abstain thank you any

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 other procedural wonky things okay you went to school for this and I'm just a

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 volunteer so thank you all right thanks very much the yeah we we just affirmed

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 the the staffs ZCP the second thing the the findings of fact do you want to

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 explain that sure basically when we make a decision we need to explain why and so

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 the vote to adopt staffs analysis as our findings of fact basically says that the

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 board agrees with staffs analysis thank you and with that I'll close the meeting

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 the time is 749 thank you everyone for coming out this evening