Oct 29, 2019 Zoning Board of Adjustment on 2019-10-29 5:30 PM (Special Called)

October 29, 2019 Zoning Board of Adjustment 36175

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Meeting Details
Meeting Date: October 29, 2019
Board: Zoning Board of Adjustment
Video ID: 36175
Has Transcript: Yes
Has Agenda: Yes
Source Video Agenda URL
AI Summary by Dentron 3000

Meeting Summary: Zoning Board of Adjustment Special Called Meeting Date: October 29, 2019 Time: 5:30 PM (Called to order at 5:40 PM) Location: City Council Work Session Room, City Hall, Denton, TX Attendance: Board members present except William House and alternate principal Ninjaku.

  • Key Topics and Discussions: The Board convened to deliberate and issue a decision on Agenda Item 2A (ZBA19-0009a), an appeal of an administrative decision concerning vested rights related to gas well reverse setback and separation distance requirements for the Country View Mobile Home Park (approximately 13.69 acres located on the west side of Fort Worth Drive across from Country Club Road). The Chair noted that a public hearing on this matter was held the previous evening, and this session was designated for final deliberation and decision-making.

  • Motions, Votes, and Outcomes: Ms. Lane moved to deny the appeal, seconded by Ms. Meisner. No further discussion was recorded. The vote resulted in four members in favor (Ms. Seaborn, Ms. Meisner, the Chair, and Ms. Lane) and two members opposed (Mr. Horton and Mr. Higgins). The motion passed 4-2. The Chair noted that a unanimous decision may have been required to deny the appeal.

  • Decisions Made: The appeal (ZBA19-0009a) was denied by a 4-2 vote.

  • Action Items or Next Steps: None identified. The meeting was adjourned at 5:43 PM.

Agenda Chapters
1. 1. PLEDGE OF ALLEGIANCE
0:29 - 1:02
2. A. Hold a public meeting and issue a decision regarding an appeal of an administrative decision regarding vested rights related to the applicability of gas well reverse setback and separation distance requirements to a mobile home park. The subject property is approximately 13.69 acres located on the west side of Fort Worth Drive across from the intersection of Country Club Road in the City of Denton, Denton County, Texas. (ZBA19-0009, Country View Mobile Home Park)
1:02 - 3:15
Transcript
417 words
Good evening, everyone, and welcome back to meetings in like 24 hours. It's different for us. But here we are again. I'm going to call the regular meeting to order at 5.40 p.m. This is the Zoning Board of Adjustment and the date is October 29th, 2019. Board member William House and alternate principal Ninjaku are absent and the first order of business is the pledge to the U.S. and the Texas flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Under the Texas flag, I pledge allegiance to the Texas one state under God, one and indivisible. Thank you. Really, the only item that we have is item 2A. We had a public meeting last -- or a public hearing last night. Tonight is a public meeting. It's a whole public meeting and issue a decision regarding an appeal of an administrative decision regarding vested rights related to the applicability of gas well reverse setback and separation distance requirements to a mobile home park. The subject property is approximately 13.69 acres located on the west side of Fort Worth Drive and Country Club Road. So we heard testimony and evidence last night and deliberated for a while on what -- how to proceed and here we are again and it's our task this evening to make a decision on this case. Let's just open the floor for discussion or a motion. Does anyone who would like to begin? Does anyone have a motion to make? I'll move. Ms. Lane. I move that the appeal be denied. Okay. We have a motion for denial. Do we have a second? Second. A second from Ms. Meisner. Is there any discussion? Hearing no discussion, then we can vote. If you're in favor of the motion, which is to deny the appeal, if you could raise your hand. The vote is four. And any opposed to denial? That's two. Let the record show that Mr. Horton and Mr. Higgins voted against and the fours were Ms. Seaborn, Ms. Meisner, myself, and Ms. Lane. So the motion passes. Four to two. So I believe the applicant needed a unanimous decision in order to deny. All right. I think that's it. Are there any concluding items? That's it? Okay. Thank you. The time now is 5.43 and I will close tonight's meeting. Thank you very much for your time.
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Agenda
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City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Zoning Board of Adjustment Tuesday, October 29, 2019 5:30 PM City Council Work Session Room Special Called After determining that a quorum is present, the Zoning Board of Adjustment of the City of Denton, Texas will convene in a Special Called Meeting on Tuesday, October 29, 2019 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. ITEMS FOR CONSIDERATION A. ZBA19-0009a Hold a public meeting and issue a decision regarding an appeal of an administrative decision regarding vested rights related to the applicability of gas well reverse setback and separation distance requirements to a mobile home park. The subject property is approximately 13.69 acres located on the west side of Fort Worth Drive across from the intersection of Country Club Road in the City of Denton, Denton County, Texas. (ZBA19-0009, Country View Mobile Home Park) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Appeal Application (ZBA19-0009) Exhibit 3 - Vested Rights Petition (VR19-0001) Exhibit 4 - Staff Memo to City Manager Exhibit 5 - Vested Rights Determination Letter Exhibit 6 - TLGC Section 211.010 Amendments 3. CONCLUDING ITEMS Page 1 Printed on 10/25/2019 Zoning Board of Adjustment Meeting Agenda October 29, 2019 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Zoning Board of Adjustment or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to inc…

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