1 00:00:00,000 --> 00:00:01,780 - We adjourn our first meeting. 2 00:00:01,780 --> 00:00:06,580 Now we will start the second meeting. 3 00:00:06,580 --> 00:00:07,420 (laughing) 4 00:00:07,420 --> 00:00:08,260 - A couple of breaks. 5 00:00:08,260 --> 00:00:10,940 - Yes, okay, I would like to do, if it's okay, 6 00:00:10,940 --> 00:00:13,260 we'd like to convene a 10-minute bio break 7 00:00:13,260 --> 00:00:16,060 for everyone in the room who may be one. 8 00:00:16,060 --> 00:00:18,700 We will reconvene at 7-11. 9 00:00:18,700 --> 00:00:21,380 - Gentle reminder about the Open Meetings Act, 10 00:00:21,380 --> 00:00:23,980 a discussion of meeting business while we're in recess. 11 00:00:30,660 --> 00:00:31,980 - Okay. 12 00:00:31,980 --> 00:00:35,180 - Okay, I'd like to go ahead and call our meeting 13 00:00:35,180 --> 00:00:38,300 to order at 7-11 p.m. 14 00:00:38,300 --> 00:00:40,340 I've determined that a quorum is present, 15 00:00:40,340 --> 00:00:43,060 so the continuation of the Zoni Board of Adjustment 16 00:00:43,060 --> 00:00:45,740 of the City of Denton, Texas will convene 17 00:00:45,740 --> 00:00:49,480 in the second of two special call meetings. 18 00:00:49,480 --> 00:00:52,620 Item one on our typical agenda would be to recite 19 00:00:52,620 --> 00:00:55,320 the United States and Texas Pledge of Allegiance. 20 00:00:55,320 --> 00:00:58,480 We conducted this activity an hour and a half ago, 21 00:00:58,480 --> 00:01:01,700 and so I will let that stand for our second meeting. 22 00:01:01,700 --> 00:01:08,140 Item number two A is AA-23-0003B. 23 00:01:08,140 --> 00:01:13,080 Consider an appeal of an administrative decision 24 00:01:13,080 --> 00:01:14,860 regarding the use determination 25 00:01:14,860 --> 00:01:18,980 of high impact manufacturing use for CUA pools 26 00:01:18,980 --> 00:01:22,900 located at 2717 North Elm Street. 27 00:01:22,900 --> 00:01:26,940 The approximately .20 acre property is located 28 00:01:26,940 --> 00:01:29,100 on the west side of North Elm Street, 29 00:01:29,100 --> 00:01:32,420 approximately 160 feet south of Oar Street 30 00:01:32,420 --> 00:01:35,700 in the city of Denton, Denton County, Texas. 31 00:01:35,700 --> 00:01:39,260 The board will now deliberate and decide on the appeal. 32 00:01:39,260 --> 00:01:41,700 Upon completion of the board's deliberation, 33 00:01:41,700 --> 00:01:44,540 the board shall render an unbiased decision 34 00:01:44,540 --> 00:01:47,580 based on the record and supported by reasons 35 00:01:47,580 --> 00:01:49,660 and findings of fact. 36 00:01:49,660 --> 00:01:51,500 In considering the appeal, 37 00:01:51,500 --> 00:01:54,880 this board shall consider the facts and information 38 00:01:54,880 --> 00:01:57,060 in the Zoning Compliance Plan 39 00:01:57,060 --> 00:02:00,500 and staff's written analysis of the appeal, 40 00:02:00,500 --> 00:02:02,780 the applicant's appeal letter, 41 00:02:02,780 --> 00:02:05,480 and testimony presented in the public hearing, 42 00:02:05,480 --> 00:02:09,180 and the board's consideration and evaluation 43 00:02:09,180 --> 00:02:13,640 of the requirements of the applicable standards from the DDC. 44 00:02:13,640 --> 00:02:19,420 The board may, one, affirm the director's decision 45 00:02:19,420 --> 00:02:21,200 or interpretation that the land use 46 00:02:21,200 --> 00:02:23,320 is high impact manufacturing, 47 00:02:23,320 --> 00:02:25,620 thereby requiring the bleach production use 48 00:02:25,620 --> 00:02:28,380 and bulk storage of acid to be removed from the site. 49 00:02:28,380 --> 00:02:32,700 Two, reverse the director's decision or interpretation 50 00:02:32,700 --> 00:02:34,140 in whole or in part, 51 00:02:34,140 --> 00:02:36,300 thereby allowing the bleach production use 52 00:02:36,300 --> 00:02:39,020 and bulk storage of acid to continue on the site. 53 00:02:39,020 --> 00:02:42,740 Three, amend or modify the director's decision 54 00:02:42,740 --> 00:02:45,960 or interpretation regarding the land use activities. 55 00:02:45,960 --> 00:02:49,540 Four, attach conditions of approval 56 00:02:49,540 --> 00:02:52,600 to ensure the health, safety, and welfare of the city. 57 00:02:53,320 --> 00:02:54,160 Thank you. 58 00:02:54,160 --> 00:03:00,780 In our deliberation, 59 00:03:00,780 --> 00:03:03,140 we'll consider the appellant's basis for the appeal 60 00:03:03,140 --> 00:03:06,060 and staff analysis response to the appellant's claim 61 00:03:06,060 --> 00:03:07,580 that the land use determination 62 00:03:07,580 --> 00:03:11,020 of high impact manufacturing is not accurate. 63 00:03:11,020 --> 00:03:13,220 That is what we are being asked to weigh down. 64 00:03:13,220 --> 00:03:16,820 Are we open for discussion? 65 00:03:16,820 --> 00:03:20,620 Or a motion? 66 00:03:21,620 --> 00:03:23,620 I'm not sure, so we'll vote. 67 00:03:23,620 --> 00:03:28,940 - Any other comments to ask some questions? 68 00:03:28,940 --> 00:03:29,780 - Sure. 69 00:03:29,780 --> 00:03:31,620 I'd like to recognize member Redwine. 70 00:03:31,620 --> 00:03:34,120 - I think from my perspective, 71 00:03:34,120 --> 00:03:38,060 and I mean, I do appreciate everyone's time and input, 72 00:03:38,060 --> 00:03:43,060 I think what at least what I heard from the city 73 00:03:43,060 --> 00:03:49,660 is congruent with what I think the intent was. 74 00:03:49,660 --> 00:03:54,660 So while I certainly appreciate Mr. Franklin's appeal 75 00:03:54,660 --> 00:03:57,860 and information that he provided in the context, 76 00:03:57,860 --> 00:03:59,700 I think I still, from my point of view, 77 00:03:59,700 --> 00:04:03,260 I think there's some, the context from what the city 78 00:04:03,260 --> 00:04:07,260 laid out to me is relevant, so I don't know if anybody else 79 00:04:07,260 --> 00:04:09,780 on the board had a thought or a different point of view. 80 00:04:09,780 --> 00:04:14,460 - No, I believe it was relevant also. 81 00:04:20,640 --> 00:04:22,260 - Okay, great. 82 00:04:22,260 --> 00:04:24,420 - Hi, would anyone like to make a motion? 83 00:04:24,420 --> 00:04:30,480 - I would make a motion to affirm the decision of the city. 84 00:04:30,480 --> 00:04:39,300 - I'm going to restate member Redwine's proposal to, 85 00:04:39,300 --> 00:04:46,460 can I say, to approve the appeal? 86 00:04:46,460 --> 00:04:47,920 - Approve the appeal. 87 00:04:49,220 --> 00:04:50,060 - Motion to. 88 00:04:50,060 --> 00:04:53,680 - So I'm going to offer a friendly amendment 89 00:04:53,680 --> 00:04:58,680 to revise your motion to be in the affirmative 90 00:04:58,680 --> 00:05:00,080 for the appeal. 91 00:05:00,080 --> 00:05:03,700 So I'd like to make a motion that we would approve 92 00:05:03,700 --> 00:05:05,580 the appellant's-- 93 00:05:05,580 --> 00:05:06,420 - No, I think I've said-- 94 00:05:06,420 --> 00:05:08,340 - Can I explain? 95 00:05:08,340 --> 00:05:09,780 Can I explain just-- 96 00:05:09,780 --> 00:05:10,840 - Okay, okay. 97 00:05:10,840 --> 00:05:13,820 - So, 'cause I don't wanna put words in your mouth, 98 00:05:13,820 --> 00:05:16,360 and now I want you to make the motion that you wanna make. 99 00:05:16,360 --> 00:05:20,120 So the question before the board is, 100 00:05:20,120 --> 00:05:22,300 there's been an appeal brought. 101 00:05:22,300 --> 00:05:27,300 So to approve the appeal would not be affirming 102 00:05:27,300 --> 00:05:33,620 the decision, but because there needs to be 103 00:05:33,620 --> 00:05:37,780 an affirmative vote, it needs to be an affirmative vote, 104 00:05:37,780 --> 00:05:40,660 or affirmative motion on what's before the board, 105 00:05:40,660 --> 00:05:43,220 and what's before the board is the appeal. 106 00:05:44,740 --> 00:05:49,740 So, if you do a motion to approve the appeal, 107 00:05:49,740 --> 00:05:52,620 then it's seconded, and when you vote on it, 108 00:05:52,620 --> 00:05:54,540 you can vote any way you want. 109 00:05:54,540 --> 00:05:58,540 You don't have to vote in the way that you make the motion. 110 00:05:58,540 --> 00:06:03,540 It just, it makes the result definitive, 111 00:06:03,540 --> 00:06:07,860 because what the appeal requires in order for the 112 00:06:07,860 --> 00:06:11,700 determination to be overturned is unanimous, 113 00:06:11,700 --> 00:06:14,900 because there's six here, and it's gonna require six. 114 00:06:14,900 --> 00:06:16,320 - Gotcha, okay. 115 00:06:16,320 --> 00:06:17,160 - So, can I-- 116 00:06:17,160 --> 00:06:18,680 - Does anybody have questions on that? 117 00:06:18,680 --> 00:06:19,520 Yeah. 118 00:06:19,520 --> 00:06:22,560 - I think, okay. 119 00:06:22,560 --> 00:06:25,960 - Maybe that question, can I ask a question? 120 00:06:25,960 --> 00:06:27,100 - Remember red one, yes. 121 00:06:27,100 --> 00:06:29,740 - So, okay, if I'm looking at my four options up here, 122 00:06:29,740 --> 00:06:35,100 the first one is what I'm trying to propose. 123 00:06:35,100 --> 00:06:36,660 How do I propose that? 124 00:06:36,660 --> 00:06:37,500 - If you-- 125 00:06:37,500 --> 00:06:39,480 - Or make a motion for that. 126 00:06:39,480 --> 00:06:43,300 - If you want to make a motion just strictly to affirm 127 00:06:43,300 --> 00:06:48,300 the director's decision, you can do that. 128 00:06:48,300 --> 00:06:54,300 We'll see how the vote goes. 129 00:06:54,300 --> 00:06:56,260 There may have to be a second motion 130 00:06:56,260 --> 00:06:58,300 depending on how the vote goes. 131 00:06:58,300 --> 00:07:00,500 But, you can do that. 132 00:07:00,500 --> 00:07:02,100 - So, I can say I make a motion 133 00:07:02,100 --> 00:07:03,620 to affirm the director's decision and interpretation? 134 00:07:03,620 --> 00:07:04,780 - Yes. 135 00:07:04,780 --> 00:07:08,140 - I make a motion to affirm the director's decision 136 00:07:08,140 --> 00:07:09,660 and interpretation. 137 00:07:09,660 --> 00:07:13,300 - I will second that. 138 00:07:13,300 --> 00:07:15,380 So, I'm sorry, motion made by member Ridwine, 139 00:07:15,380 --> 00:07:16,700 seconded by member Bichard. 140 00:07:16,700 --> 00:07:21,920 - So, just to clarify, because earlier I said to vote. 141 00:07:21,920 --> 00:07:23,600 So, if you want to affirm the decision now, 142 00:07:23,600 --> 00:07:25,100 the vote would be yes. 143 00:07:25,100 --> 00:07:28,060 If you do not want to affirm the decision, 144 00:07:28,060 --> 00:07:30,100 then the vote would be no. 145 00:07:30,100 --> 00:07:32,460 - Any questions or discussion about this motion 146 00:07:32,460 --> 00:07:33,420 in front of us? 147 00:07:36,740 --> 00:07:38,540 I'll call a vote. 148 00:07:38,540 --> 00:07:40,740 All in favor of affirming the director's decision 149 00:07:40,740 --> 00:07:42,460 or interpretation that the land use 150 00:07:42,460 --> 00:07:45,660 is high-impact manufacturing in the case before us. 151 00:07:45,660 --> 00:07:48,160 Raise your right hand and say yes. 152 00:07:48,160 --> 00:07:49,000 - Yes. 153 00:07:49,000 --> 00:07:49,820 - Yes. 154 00:07:49,820 --> 00:07:50,660 - Yes. 155 00:07:50,660 --> 00:07:52,680 - And note that the vote is unanimous. 156 00:07:52,680 --> 00:07:54,420 Yes. 157 00:07:54,420 --> 00:07:55,860 All no votes. 158 00:07:55,860 --> 00:07:58,060 Any abstention? 159 00:08:06,740 --> 00:08:11,740 Okay, this vote means that the board has decided, 160 00:08:11,740 --> 00:08:15,900 having received a motion and a second, 161 00:08:15,900 --> 00:08:17,700 there's no further discussion. 162 00:08:17,700 --> 00:08:19,600 Other votes are. 163 00:08:19,600 --> 00:08:22,220 The decision of the administrative office officials, 164 00:08:22,220 --> 00:08:25,380 use determination of high-impact manufacturing 165 00:08:25,380 --> 00:08:28,340 is affirmed by the zoning board of adjustment. 166 00:08:28,340 --> 00:08:32,220 Next item on our agenda are concluding items. 167 00:08:32,220 --> 00:08:34,820 Are there any concluding items from the board? 168 00:08:37,140 --> 00:08:40,940 - Hearing none, I adjourn the meeting at 7.19 p.m. 169 00:08:40,940 --> 00:08:43,420 and thank everyone for their time this evening. 170 00:08:43,420 --> 00:08:48,680 (mumbles)