Minutes March 02, 2000CITY OF DENTON CITY COUNCIL MINUTES
March 2, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Thursday, March 2, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Meeting
A. Consultation with Attorney – Under TEX. GOV’T CODE Section 551.071.
1. Deliberated and considered authorizing the City’s attorneys to file a
verified petition in the District Court, County Court, or County Court at Law of
Denton County to obtain judicial review of the Zoning Board of Adjustment’s
decision in ZBA-00-004 which granted a variance from Section 33-132(2) of
Chapter 33, the Sign Ordinance, regarding sign height at the property commonly
known as 701 Fort Worth Drive located on the north side of I-35 between Fort
Worth Drive and Locust in the City of Denton and further known as Home Depot;
authorizing the hiring of outside attorneys as necessary to avoid conflicts of
interest between the competing interests of the City of Denton and its Zoning
Board of Adjustment; seeking advice from the City’s attorneys concerning the
legality of the Zoning Board of Adjustment’s decision and other issues related to
such litigation, where to discuss such issues and matters in a public meeting
would conflict with the attorney’s duties and professional responsibilities to their
client under the Texas Disciplinary Rules of Professional Conduct.
The Council convened into a Special Called Meeting on Thursday, March 2, 2000 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 held a joint City Council / Planning & Zoning Commission public hearing to
receive public input, consider, make recommendations and/or take appropriate action concerning
an ordinance of the City of Denton, Texas, establishing interim standards for applying policies of
the adopted comprehensive plan to requests for zoning amendments and certain specified
nonresidential development applications pending adoption of a revised development code;
providing for administration of such standards; providing for exemptions; providing for
severability; providing an effective date; and providing a savings clause.
a. Public Hearing
b. Planning & Zoning Commission Deliberations and Recommendation
c. City Council Deliberations and Action
City of Denton City Council Minutes
March 2, 2000
Page 2
Dave Hill, Assistant City Manager for Development Services, stated that there were three
distinct parts to the agenda item. A joint public hearing by the Council and Planning and Zoning
Commission, deliberation by the Planning and Zoning Commission for a recommendation to
Council and Council deliberation and consideration of adoption of the ordinance. He reviewed
the time frame for consideration of the proposed ordinance as noted in the agenda materials plus
proposed amendment options as attached as a handout to the agenda materials.
Mayor Miller opened the public hearing.
The following individuals spoke during the public hearing:
Willie Hudspeth, 623 Newton, Denton, 76205 – current zoning in the area
Jonthan Vison, 1445 Ross Avenue, Suite 3200, Dallas, 75214 - opposition
Rob Raynor, 1108 Dallas Drive, Suite 210, Denton, 76201 – opposition
Dan Martin, 717 Lafayette Drive, Denton, 76205 - opposition
Weldon Davis, 4508 Mockingbird, Dallas, 75205 – opposition
Claudette Fette, 2708 Glenwood, Denton, 76201 - opposition
Raymond Redmon, 710 East Prairie, Denton, 76205 – opposition
Ike Shupe, 1717 Main, Suite 2800, Dallas, 75201 – opposition
Ed Soph, 1620 Victoria, Denton, 76201 – opposition
Wayne Allen, 100 N. Locust, Suite 100, Denton, 76201 – opposition
Zeke Martin, Bonnie Brae, Denton, 76201 - neutral
Frank Cunningham, 1604 Churchill, Denton, 76201 – opposition
Don Frazier, 1740 Westminster, Denton, 76205 – opposition
Melissa Maples, 1408 Teasley, Denton, 76201 – opposition
Tony Clark, 400 N. Carroll, Denton, 6201 – opposition
Dalton Allen, 1111 Lexington, Denton, 76201 – opposition
Scott Richter, 525 South Carroll, Suite 204, Denton, 76201 – opposition
The following individuals completed Comment Cards:
Joe Mulroy, 119 Ridgecrest, Denton, 76205 – opposition
Chuck Carpenter, 414 Parkway, Denton, 76201 - opposition
Carol Soph, 1620 Victoria, Denton, 76201 - opposition
Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - neutral
Jack McFarling, 1209 Buena Vista, Denton, 76205 - opposition
Walter Eagleton, 1112 N. Locust, Denton, 76201 - opposition
Tye DeBerry, 110 W. Hickory, Denton, 76201 - opposition
Kyle Kilgora, 1228 Ave. A #D, Denton, 76201 - opposition
Dick Smith, 721 W. Hobson, Denton, 76201 - opposition
Chris Rosprim, 2113 Emerson, Denton, 76201 - opposition
Andee Chamberlain, 823 W. Hickory, Denton, 76201 - favor
Lacey Stokes, 1309 Hidden Oaks, Denton, 76201 - favor
Brian Pigsecki, 1018 West Prairie, Denton, 76201 - favor
Chad Miller, 7333 Somerset, Aubrey, 76227 - opposition
The Mayor closed the public hearing.
City of Denton City Council Minutes
March 2, 2000
Page 3
Jim Engelbrecht, Planning and Zoning Commission Chair closed the Planning and Zoning
Commission’s portion of the public hearing.
b. The Council went into recess to allow the Planning and Zoning Commission to deliberate
the proposed ordinance.
Council reconvened from its recess.
Dave Hill, Assistant City Manager for Development Services, stated that the Planning and
Zoning Commission’s motion was to approve the ordinance with the Amendments A-G and a
change on page 9, 3a from 500 feet to 200 feet. The vote was tied 3-3 that basically resulted in
no recommendation from the Planning and Zoning Commission.
Council deliberated the various aspects of the proposed ordinance and the amendments.
The following ordinance was considered:
NO. 2000-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM
STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE
PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED
NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF
A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF
SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
SAVINGS CLAUSE.
Beasley motioned, Burroughs seconded to adopt the ordinance with the addition of Amendments
A-G and changing the 500 foot requirement to 200 feet under page 9, 3a. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young nay”, and
Mayor Miller “nay”. Motion carried with a 5-2 vote.
2. The Council considered and took action on the following request for relief from the
provisions of Ordinance 99-474, establishing a moratorium to apply to certain specified
development applications:
a. Kerestine property, northwest corner of Woodrow Lane and Morse Street – 12.6
±
acres zoned LI.
This item was not considered as the moratorium was lifted due to the above action on the interim
regulations.
3. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for:
a. Kerestine property, northwest corner of Woodrow Lane and Morse Street – 12.6
±
acres zoned LI.
City of Denton City Council Minutes
March 2, 2000
Page 4
Doug Powell, Director of Planning and Development, presented the details of the request as
noted in the agenda materials.
The following individuals spoke on the request:
Andy Kerestine, 201 Solar Way, Denton, 76201 – favor
Robyn Mullendore, 1129 Oakhurst, Denton, 76201 – opposition
Willie Hudspeth, 623 Newton, Denton, 76205 – opposition
Raymond Redmon, 710 East Prairie, Denton, 76205 – favor
Don Frazier, 1740 Westminster, Denton, 76205 – favor
Council debated the fact that area residents were concerned about the loss of trees if the property
were developed. They discussed various options to ensure that as many existing trees as possible
would be preserved.
Mayor Miller noted that comment cards had been submitted by Cheryl and Shanna Kerestine.
Young motioned, Burroughs seconded to approve the request with the conditions of a site plan
review by staff, the area that had not been filled prior to this time would be left undisturbed in a
natural state, the submission of a list of uses and a maximum tree preservation of interior trees in
the set back (between existing footprint and street) above a 10 inch caliper. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried with a 6-1 vote.
With no further business, the meeting was adjourned at 11:55 p.m.
_________________________
JACK MILLER
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS