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Minutes November 15, 1999CITY OF DENTON CITY COUNCIL MINUTES November 15, 1999 The Council convened into a Special Called Meeting on Monday, November 15, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council discussed and took action on the reconsideration of the November 2, 1999 City Council decision related to Zoning Case #Z-99-061, a proposed Concept Plan amendment to PD-115, a 231 acre Planned Development located north of Windsor Road between Bonnie Brae and Westgate. Beasley motioned, Young seconded to reconsider Zoning Case #Z-99-061. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 2. The Council considered adoption of an ordinance reconsidering City Council vote on Zoning Case 99-061 pertaining to an amended Concept Plan for Planned Development 115 (PD- 115) zoning district classification and use designation for 230.287 acres of land generally located north of Windsor Road between Bonnie Brae and Westgate; rescinding and revoking Ordinance No. 99-413 and any and all approvals and actions taken by the City Council on November 2, 1999 pertaining to Zoning Case Z-99-061; directing that Zoning Case Z-99-061 be referred back to the Planning and Zoning Commission for further proceedings in accordance with Sections 211.006 and 211.007 of the Local Government Code and Chapter 35 of the Code of Ordinances of the City of Denton. Dave Hill, Assistant City Manager for Development, reviewed the details of the reconsideration as noted in the agenda materials. Sentiment of the Council seemed to be to review the case in order to maintain a fair consideration of the issue. The ordinance under consideration would direct the issue back to the Planning and Zoning Commission. The following ordinance was considered: NO. 99-414 AN ORDINANCE RECONSIDERING CITY COUNCIL VOTE ON ZONING CASE 99-061 PERTAINING TO AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230.287 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; RESCINDING AND REVOKING ORDINANCE NO. 99-413 AND ANY AND ALL APPROVALS AND ACTIONS TAKEN BY THE CITY COUNCIL ON NOVEMBER 2, 1999 PERTAINING TO ZONING CASE Z-99-061; DIRECTING THAT ZONING CASE Z- 99-061 BE REFERRED BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH SECTIONS 211.006 AND 211.007 OF THE LOCAL GOVERNMENT CODE AND CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 15, 1999 Page 2 Beasley motioned, Cochran seconded to adopt the ordinance. Mayor Pro Tem Beasley felt that there was a lot of doubt regarding the opposition on this proposal and individuals wondering if the vote would have been different if the super majority had not been in effect. This procedure for reconsideration would eliminate all doubt regarding the issue. Council Member Young stated that he would be voting against the motion as he felt that the staff made the technical mistake and he did not feel it was necessary to punish the developers for the staff’s mistake. The developers had complied with all of the requirements placed before them and should not be penalized due to the City’s mistake. The following individuals spoke on the issue: Dorothy Smith, 3309 North Bonnie Brae, Denton, 76207 - favor Tary Arterburn, 3100 McKinnon Suite 909, Dallas – favor Mayor Miller stated that the following individuals had presented speaker cards but did not wish to address Council: Dillion Smith, 3604 Lynwood, Arlington, 76013 – favor Earla Joyce Smith, 3604 Lynwood, Arlington, 76013 - favor On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 3. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on December 7, 1999 pursuant to Texas Local Government Code Section 211.007 (b) at the City Council Chambers at 6:00 p.m. to consider recommendation and action upon an ordinance creating interim regulations for the implementation of the new Comprehensive Plan of the City of Denton; prescribing notice of the joint meeting pursuant to Texas Local Government Code Section 211.007 (d); and providing for an effective date. Dave Hill, Assistant City Manager for Development Services, stated that this ordinance would allow for a joint public hearing with the Planning and Zoning Commission to consider and act on an ordinance creating interim regulations for the implementation of the new Comprehensive Plan. The following ordinance was considered: NO. 99-415 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON DECEMBER 7, 1999 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211.007 (B) AT THE CITY COUNCIL CHAMBERS AT 6:00 P.M. TO CONSIDER RECOMMENDATION AND City of Denton City Council Minutes November 15, 1999 Page 3 ACTION UPON AN ORDINANCE CREATING INTERIM REGULATIONS FOR THE IMPLEMENTATION OF THE NEW COMPREHENSIVE PLAN OF THE CITY OF DENTON; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211.007 (D); AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 4. The Council considered approval of a revised schedule prepared for the adoption of the City of Denton Comprehensive Plan, including the preparation and adoption of an interim ordinance intended to set development review evaluation criteria until new zoning and subdivision regulations are adopted. Dave Hill, Assistant City Manager for Development Services, stated that the draft would be available for the proposed timeline and schedule. The adoption date had been changed to allow for progress updates to add more information for Council review. The Comprehensive Plan would be adopted and the interim ordinance would be considered that related to plan. Kristoferson motioned, Beasley seconded to approve the revised schedule. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 6:40 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS