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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