Dec 18, 2023 Zoning Board of Adjustment on 2023-12-18 6:30 PM (Regular Meeting (Continuation) - 2 of 2)

- We adjourn our first meeting. Now we will start the second meeting. (laughing) - A couple of breaks. - Yes, okay, I would like to do, if it's okay, we'd like to convene a 10-minute bio break for everyone in the room who may be one. We will reconvene at 7-11. - Gentle reminder about the Open Meetings Act, a discussion of meeting business while we're in recess. - Okay. - Okay, I'd like to go ahead and call our meeting to order at 7-11 p.m. I've determined that a quorum is present, so the continuation of the Zoni Board of Adjustment of the City of Denton, Texas will convene in the second of two special call meetings. Item one on our typical agenda would be to recite the United States and Texas Pledge of Allegiance. We conducted this activity an hour and a half ago, and so I will let that stand for our second meeting. Item number two A is AA-23-0003B. Consider an appeal of an administrative decision regarding the use determination of high impact manufacturing use for CUA pools located at 2717 North Elm Street. The approximately .20 acre property is located on the west side of North Elm Street, approximately 160 feet south of Oar Street in the city of Denton, Denton County, Texas. The board will now deliberate and decide on the appeal. Upon completion of the board's deliberation, the board shall render an unbiased decision based on the record and supported by reasons and findings of fact. In considering the appeal, this board shall consider the facts and information in the Zoning Compliance Plan and staff's written analysis of the appeal, the applicant's appeal letter, and testimony presented in the public hearing, and the board's consideration and evaluation of the requirements of the applicable standards from the DDC. The board may, one, affirm the director's decision or interpretation that the land use is high impact manufacturing, thereby requiring the bleach production use and bulk storage of acid to be removed from the site. Two, reverse the director's decision or interpretation in whole or in part, thereby allowing the bleach production use and bulk storage of acid to continue on the site. Three, amend or modify the director's decision or interpretation regarding the land use activities. Four, attach conditions of approval to ensure the health, safety, and welfare of the city. Thank you. In our deliberation, we'll consider the appellant's basis for the appeal and staff analysis response to the appellant's claim that the land use determination of high impact manufacturing is not accurate. That is what we are being asked to weigh down. Are we open for discussion? Or a motion? I'm not sure, so we'll vote. - Any other comments to ask some questions? - Sure. I'd like to recognize member Redwine. - I think from my perspective, and I mean, I do appreciate everyone's time and input, I think what at least what I heard from the city is congruent with what I think the intent was. So while I certainly appreciate Mr. Franklin's appeal and information that he provided in the context, I think I still, from my point of view, I think there's some, the context from what the city laid out to me is relevant, so I don't know if anybody else on the board had a thought or a different point of view. - No, I believe it was relevant also. - Okay, great. - Hi, would anyone like to make a motion? - I would make a motion to affirm the decision of the city. - I'm going to restate member Redwine's proposal to, can I say, to approve the appeal? - Approve the appeal. - Motion to. - So I'm going to offer a friendly amendment to revise your motion to be in the affirmative for the appeal. So I'd like to make a motion that we would approve the appellant's-- - No, I think I've said-- - Can I explain? Can I explain just-- - Okay, okay. - So, 'cause I don't wanna put words in your mouth, and now I want you to make the motion that you wanna make. So the question before the board is, there's been an appeal brought. So to approve the appeal would not be affirming the decision, but because there needs to be an affirmative vote, it needs to be an affirmative vote, or affirmative motion on what's before the board, and what's before the board is the appeal. So, if you do a motion to approve the appeal, then it's seconded, and when you vote on it, you can vote any way you want. You don't have to vote in the way that you make the motion. It just, it makes the result definitive, because what the appeal requires in order for the determination to be overturned is unanimous, because there's six here, and it's gonna require six. - Gotcha, okay. - So, can I-- - Does anybody have questions on that? Yeah. - I think, okay. - Maybe that question, can I ask a question? - Remember red one, yes. - So, okay, if I'm looking at my four options up here, the first one is what I'm trying to propose. How do I propose that? - If you-- - Or make a motion for that. - If you want to make a motion just strictly to affirm the director's decision, you can do that. We'll see how the vote goes. There may have to be a second motion depending on how the vote goes. But, you can do that. - So, I can say I make a motion to affirm the director's decision and interpretation? - Yes. - I make a motion to affirm the director's decision and interpretation. - I will second that. So, I'm sorry, motion made by member Ridwine, seconded by member Bichard. - So, just to clarify, because earlier I said to vote. So, if you want to affirm the decision now, the vote would be yes. If you do not want to affirm the decision, then the vote would be no. - Any questions or discussion about this motion in front of us? I'll call a vote. All in favor of affirming the director's decision or interpretation that the land use is high-impact manufacturing in the case before us. Raise your right hand and say yes. - Yes. - Yes. - Yes. - And note that the vote is unanimous. Yes. All no votes. Any abstention? Okay, this vote means that the board has decided, having received a motion and a second, there's no further discussion. Other votes are. The decision of the administrative office officials, use determination of high-impact manufacturing is affirmed by the zoning board of adjustment. Next item on our agenda are concluding items. Are there any concluding items from the board? - Hearing none, I adjourn the meeting at 7.19 p.m. and thank everyone for their time this evening. (mumbles)