WEBVTT

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 - We adjourn our first meeting.

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 Now we will start the second meeting.

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 (laughing)

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 - A couple of breaks.

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 - Yes, okay, I would like to do, if it's okay,

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 we'd like to convene a 10-minute bio break

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 for everyone in the room who may be one.

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 We will reconvene at 7-11.

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 - Gentle reminder about the Open Meetings Act,

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 a discussion of meeting business while we're in recess.

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 - Okay.

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 - Okay, I'd like to go ahead and call our meeting

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 to order at 7-11 p.m.

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 I've determined that a quorum is present,

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 so the continuation of the Zoni Board of Adjustment

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 of the City of Denton, Texas will convene

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 in the second of two special call meetings.

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 Item one on our typical agenda would be to recite

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 the United States and Texas Pledge of Allegiance.

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 We conducted this activity an hour and a half ago,

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 and so I will let that stand for our second meeting.

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 Item number two A is AA-23-0003B.

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 Consider an appeal of an administrative decision

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 regarding the use determination

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 of high impact manufacturing use for CUA pools

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 located at 2717 North Elm Street.

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 The approximately .20 acre property is located

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 on the west side of North Elm Street,

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 approximately 160 feet south of Oar Street

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 in the city of Denton, Denton County, Texas.

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 The board will now deliberate and decide on the appeal.

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 Upon completion of the board's deliberation,

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 the board shall render an unbiased decision

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 based on the record and supported by reasons

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 and findings of fact.

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 In considering the appeal,

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 this board shall consider the facts and information

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 in the Zoning Compliance Plan

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 and staff's written analysis of the appeal,

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 the applicant's appeal letter,

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 and testimony presented in the public hearing,

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 and the board's consideration and evaluation

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 of the requirements of the applicable standards from the DDC.

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 The board may, one, affirm the director's decision

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 or interpretation that the land use

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 is high impact manufacturing,

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 thereby requiring the bleach production use

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 and bulk storage of acid to be removed from the site.

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 Two, reverse the director's decision or interpretation

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 in whole or in part,

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 thereby allowing the bleach production use

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 and bulk storage of acid to continue on the site.

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 Three, amend or modify the director's decision

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 or interpretation regarding the land use activities.

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 Four, attach conditions of approval

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 to ensure the health, safety, and welfare of the city.

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 Thank you.

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 In our deliberation,

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 we'll consider the appellant's basis for the appeal

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 and staff analysis response to the appellant's claim

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 that the land use determination

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 of high impact manufacturing is not accurate.

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 That is what we are being asked to weigh down.

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 Are we open for discussion?

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 Or a motion?

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 I'm not sure, so we'll vote.

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 - Any other comments to ask some questions?

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 - Sure.

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 I'd like to recognize member Redwine.

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 - I think from my perspective,

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 and I mean, I do appreciate everyone's time and input,

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 I think what at least what I heard from the city

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 is congruent with what I think the intent was.

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 So while I certainly appreciate Mr. Franklin's appeal

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 and information that he provided in the context,

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 I think I still, from my point of view,

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 I think there's some, the context from what the city

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 laid out to me is relevant, so I don't know if anybody else

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 on the board had a thought or a different point of view.

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 - No, I believe it was relevant also.

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 - Okay, great.

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 - Hi, would anyone like to make a motion?

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 - I would make a motion to affirm the decision of the city.

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 - I'm going to restate member Redwine's proposal to,

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 can I say, to approve the appeal?

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 - Approve the appeal.

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 - Motion to.

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 - So I'm going to offer a friendly amendment

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 to revise your motion to be in the affirmative

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 for the appeal.

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 So I'd like to make a motion that we would approve

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 the appellant's--

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 - No, I think I've said--

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 - Can I explain?

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 Can I explain just--

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 - Okay, okay.

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 - So, 'cause I don't wanna put words in your mouth,

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 and now I want you to make the motion that you wanna make.

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 So the question before the board is,

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 there's been an appeal brought.

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 So to approve the appeal would not be affirming

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 the decision, but because there needs to be

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 an affirmative vote, it needs to be an affirmative vote,

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 or affirmative motion on what's before the board,

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 and what's before the board is the appeal.

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 So, if you do a motion to approve the appeal,

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 then it's seconded, and when you vote on it,

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 you can vote any way you want.

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 You don't have to vote in the way that you make the motion.

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 It just, it makes the result definitive,

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 because what the appeal requires in order for the

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 determination to be overturned is unanimous,

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 because there's six here, and it's gonna require six.

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 - Gotcha, okay.

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 - So, can I--

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 - Does anybody have questions on that?

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 Yeah.

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 - I think, okay.

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 - Maybe that question, can I ask a question?

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 - Remember red one, yes.

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 - So, okay, if I'm looking at my four options up here,

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 the first one is what I'm trying to propose.

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 How do I propose that?

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 - If you--

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 - Or make a motion for that.

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 - If you want to make a motion just strictly to affirm

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 the director's decision, you can do that.

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 We'll see how the vote goes.

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 There may have to be a second motion

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 depending on how the vote goes.

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 But, you can do that.

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 - So, I can say I make a motion

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 to affirm the director's decision and interpretation?

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 - Yes.

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 - I make a motion to affirm the director's decision

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 and interpretation.

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 - I will second that.

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 So, I'm sorry, motion made by member Ridwine,

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 seconded by member Bichard.

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 - So, just to clarify, because earlier I said to vote.

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 So, if you want to affirm the decision now,

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 the vote would be yes.

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 If you do not want to affirm the decision,

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 then the vote would be no.

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 - Any questions or discussion about this motion

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 in front of us?

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 I'll call a vote.

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 All in favor of affirming the director's decision

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 or interpretation that the land use

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 is high-impact manufacturing in the case before us.

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 Raise your right hand and say yes.

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 - Yes.

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 - Yes.

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 - Yes.

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 - And note that the vote is unanimous.

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 Yes.

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 All no votes.

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 Any abstention?

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 Okay, this vote means that the board has decided,

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 having received a motion and a second,

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 there's no further discussion.

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 Other votes are.

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 The decision of the administrative office officials,

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 use determination of high-impact manufacturing

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 is affirmed by the zoning board of adjustment.

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 Next item on our agenda are concluding items.

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 Are there any concluding items from the board?

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 - Hearing none, I adjourn the meeting at 7.19 p.m.

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 and thank everyone for their time this evening.

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 (mumbles)