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Agenda Packet P&Z 05/19/2005Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, May 19, 2005 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Discuss and take appropriate action relative to: Preliminary Plat for lots 1-40, block 4 of The Villas @ Waters Edge, located generally to the east of Katie Lane and Stephen's Court, to the west of Meadowbrook Lane and to the south of Harmony Park. B.2 Discuss and take appropriate action relative to: Revision to Town Ordinance No. 2002-42 P&Z (Construction of Fences). C.1 Review and approve minutes. A. 7 April 2005 B. 27 April 2005 D.1 Adjournment. PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 5-19-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (kcf) PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 5-19-2005 Subject: Agenda Item No.B.1 Discuss and take appropriate action relative to: Preliminary Plat for lots 1-40, block 4 of The Villas @ Waters Edge, located generally to the east of Katie Lane and Stephen's Court, to the west of Meadowbrook Lane and to the south of Harmony Park. LOCATION: Located generally to the east of Katie Lane and Stephen's Court, to the west of Meadowbrook Drive and to the south of Harmony Park. OWNER: Beck Properties, L.P., Inc. NO. NOTICES SENT: Not required for a Preliminary Plat RESPONSES: N/A STAFF COMMENTS: Purpose: To consider approval of a Preliminary Plat for approximately 10.433 acres, 37 residential lots, 2 open space lots and 1 green belt lot. Existing Condition of the Property: The land is currently zoned PD-22, Waters Edge at Hogan’s Glen. Staff Findings: The plat appears to be in compliance with the Town’s Subdivision Regulations. (kcf) PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 5-19-2005 Subject: Agenda Item No.B.2 Discuss and take appropriate action relative to: Revision to Town Ordinance No. 2002-42 P&Z (Construction of Fences). STAFF COMMENTS: The following revisions have been made to the Fence Ordinance since the Planning & Zoning Commission’s last meeting: 1. Definition of “Picket Fence” added to definition section. 2. Section added to address lots abutting public parks. Same requirements as golf course lots. 3. “Acceptable and Prohibited Materials” section modified per Commission’s direction. 4. Wood Picket fencing listed as prohibited. 5. Live screening abutting a golf course or public park to be allowed without a fence and maximum height specified at 6 feet. (kcf) TOWN OF TROPHY CLUB ORDINANCE NO. 2005 - __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10 ENTITLED “GENERAL DEFINITIONS” TO PROVIDE DEFINITIONS RELATING TO FENCING; AND REPEALING ARTICLE 7, SECTION 45, ENTITLED "SCREENING & FENCING", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 45, ENTITLED “SCREENING & FENCING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; PRESCRIBING CRITERIA FOR LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE AND PROHIBITED MATERIALS; ESTABLISHING GENERAL CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION REQUIREMENTS FOR PRE-CAST CONCRETE FENCES; PROVIDING REGULATIONS GOVERNING SCREENING STANDARDS; PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON-LIVING MATERIAL; PROVIDING FOR THE MAINTENANCE OF LIVING MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING, FENCING AND LANDSCAPING; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 2, Section 10 – General Definitions is amended as follows: Barrier: A fence, wall, building wall or combination thereof which completely surrounds a swimming pool or spa and obstructs or restricts access to such swimming pool or spa. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. In no event shall “fence” mean any wall or structure constructed or placed in the front yard of a residence. Maintenance: The work of keeping a building or structure in proper condition. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-half inch (½”) apart. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. Wood Rail Fence: A fence made of wood, typically with vertical support posts and horizontal wooden posts or split rails. The horizontal rails typically consist of two or three parallel rails with open space between the rails. Article 7, Section 45 – Screening & Fencing is amended as follows: SECTION 45 – SCREENING AND FENCING A. Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required in the various zoning districts or in this Section in accordance with the following standards. Provided, however, that nothing in this Section shall be deemed to repeal any provision of the Town fence ordinance, and all provisions of said ordinance shall be compiled with and are hereby ratified, verified, approved, and affirmed. B. Fences: 1. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property aton which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’), maximum height. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. 1. Front Elevation: Ten feet (10’) behind the front elevation of primary structure. 2. Side Yard Adjacent to Side Street: Within the side yard building setback. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, with the following exceptions: a. Surrounding a transformer; b. Providing a barrier for pools and spas as required by applicable law; c. The fence shares a common post with the existing fence; d. Due to construction limitations, as determined by the Planning & Zoning Official or their designee, it is not possible to share a common post, in which case the fence shall not be constructed more that ten inches (10”) from the existing fence. 4. Golf Course Lots: a. All fences facing or abutting golf course lots shall be constructed of ornamental metal. b. All fences on lots contiguous to a golf course shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. c. On lots abutting a golf course in residentially zoned areas, screening along the golf course shall be limited to the height of the fence and shall meet all other requirements of this Ordinance. 5. Public Parks Lots: a. All fences facing or abutting public park lots shall be constructed of ornamental metal. b. All fences on lots contiguous to a public park shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 65. Perimeter Fencing: Perimeter fencing along the Town limit line shall be provided according to the following requirements: a. A decorative masonry or ornamental wall or wood fence consisting of masonry posts at eight foot (8’) intervals with sealed Western Red Cedar Welco wooden insets or equivalent, shall be constructed on property lying along the perimeter Town Limits line of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a site specific request and upon the submitting of appropriate documentation material. c. b. Where a tract of land has been platted or is owned under single ownership or under single control, which tract of land touches any part of the perimeter or corporate limits of the Town, the owner, subdivider or developer of that tract of land shall build, erect or place a continuous wall or fence at least eight feet (8’) in height at the time any street improvements are constructed within the subdivision, at the commencement of construction, or upon the development of any kind upon the said tract of land. d. c. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission. D. Materials: 1. Acceptable Materials: Brick, stone, wrought iron or wood. aArchitectural-grade metal, decorative pre-cast, embossed concrete, concrete masonry unit with facing, wood, wrought iron, poured-in-place concrete, a combination thereof, or similar materials shall be approved by the Planning & Zoning Coordinator or their designee prior to permit approval. 2. Prohibited Materials: Unless otherwise provided above, all other materials shall be prohibited.Chain link; mesh; rope; string; wire and wire products including, but not limited to, barbed wire, razor ribbon wire, chicken wire, wire fabric and welded wire fabrics; chain; netting; cut or broken glass; paper; corrugated metal panels; landscape timbers, railroad ties, lattice work panels and plywood are prohibited. Wood, metal or plastic products that are designed specifically for uses other than fence construction are also prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, adopted by the Town shall be applicable to the construction of a fence and are hereby incorporated herein and made a part of this Ordinance. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on common street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not common with street rights-of-way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. 4. Wood picket fences, as defined by this Ordinance, are not permitted. F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Screening Standards: The following screening standards shall be compiled with: 1. Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. 2. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) by the non-residential use with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non- residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 3. In non-residential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from view by a masonry fence or wall of at least eight feet (8’) in height. 4. Off-street loading areas shall be adequately screened from view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 5. In any district, exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission. 6. On lots abutting a golf course or public parks in residentially zoned areas, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a the maximum height of the six feet (6’)fence and shall meet all other requirements of this Ordinance. 7. Screening, as herein referred, shall mean any of the following: a. Any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or b. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. c. A solid cedar fence. 8. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 9. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 10. Fences, Walls, Hedges: With the exception of other provisions of this ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, a maximum of eight feet (8’) not to exceed six feet in height, provided the following shall be observed: a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right-of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. At Interior Lots: On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this ordinance, shall be removed upon written notice by certified mail from the Town Planning and Zoning Official, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. H. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. A permit shall be required for maintenance and/or replacement of thirty percent (30%) or more of a fence that faces or fronts an existing right-of-way. No permit shall be required for maintenance work on fences walls that do not front or face a right-of-way. I. Maintenance of Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. J. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting accessory structure regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this __ day of June, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 5-19-2005 Subject: Agenda Item No.C.1 Review and approve minutes. A. 7 April 2005 B. 27 April 2005 (kcf) MINUTES OF A REGULAR SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 7 APRIL 2005 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session meeting 7 April 2005, at 7:00 pm in the Board Room of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Stephens present Commissioner Bradley present Commissioner Moss present Commissioner Reed present Commissioner Rodgers present Commissioner Sheridan present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Karen Mitchell Planning Consultant Beth Ann Gregory Community Development Director A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:02 pm, and announced a quorum was present. B.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: AN AMENDMENT TO ZONING ORDINANCE NO. 2000-06 P&Z BY REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY STRUCTURES", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 35, ENTITLED "ACCESSORY STRUCTURES". (AMD-05- 018) Motion: Stephens Second: Reed Ayes: GH, Hill, Moss, Rodgers, Sheridan Nays: Bradley Action: 6-1 Motion: Motion carried. B.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: REVISION TO TOWN ORDINANCE NO. 2002-40 P&Z (TREE PRESERVATION AND REMOVAL). Chairman Hill informed the Commission that this item will not be addressed at this meeting. B.3 DISCUSS: REVISIONS TO TOWN ORDINANCE NO. 2002-42 P&Z (CONSTRUCTION OF FENCES AND RETAINING WALLS). Ms. Fleck presented this item to the Commission. Following the 17 March 05 Commission meeting, staff began making revisions to the Fence and Retaining Wall Ordinance. The draft is undergoing a final review from the Town’s building official. Upon final staff review, the proposal will be forwarded to the Commission. Staff is prepared to have the complete draft on the 21 April 2005 agenda. The area of discussion for this agenda will be height. The building department reports 7 out of 10 permit applicants inquire about, and would prefer to have an 8-foot fence. This figure has been increasing steadily. With seventy percent (70%) of applicants interested in higher fences, staff feels it is prudent to address this area with the Commission at this time. Ms. Gregory, Community Development Director, addressed the Commission. The Commission discussed increasing the height from six feet (6’) to eight feet (8’). No agreement was derived from the discussion. C.1 ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 8:00 pm. ________________________________________ Gene Hill, Chairman (SEAL) ____________________________________________ Kerin C. Fleck, Planning & Zoning Coordinator MINUTES OF A REGULAR SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 27 APRIL 2005 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session meeting 27 April 2005, at 7:00 pm in the Board Room of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Stephens present Commissioner Bradley present Commissioner Moss absent Commissioner Reed present Commissioner Rodgers present Commissioner Sheridan present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Greg Mitchell Building Official Adam Adams Parks & Recreation Director Beth Ann Gregory Community Development Director A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 pm, and announced a quorum was present. B.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: A REQUEST FOR PLAT AMENDMENT TO LOTS 19 & 20, BLOCK 2 OF THE VILLAS AT TROPHY CLUB. APPLICANT: DAVID BAXTER, (AP-05-003) Ms. Fleck presented this item to the Commission and gave a staff report. Mr. Baxter is requesting a Plat Amendment to combine Lots 19 & 20 of the Villas at Trophy Club. The Plat Amendment appears to be in compliance with the Town’s Subdivision Regulations. Mr. Baxter addressed the Commission. A motion was made to approve the request for Plat Amendment. Motion: Sheridan Second: Rodgers Ayes: Hill, Reed, Stephens Nays: Bradley Action: 5-1 Motion carried. This item will be forwarded to the Town Council at their meeting 2 May 2005. B.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: REVISION TO TOWN ORDINANCE NO. 2002-42 P&Z (CONSTRUCTION OF FENCES). Ms. Fleck presented this item to the Commission and gave a staff report. The Fence Ordinance revision has prompted a re-examination of the Ordinance in general. It is commonplace in most cities to place fence guidelines in the zoning document. In fact, five sections of the current Fence Ordinance are presently in the Town’s zoning ordinance, verbatim. As a result, the guidelines pertaining to fences have been moved to Section 45 of the zoning ordinance, entitled “Screening & Fencing”. The Commission reviewed the first draft of the revised Fence Ordinance. The Commission agreed to seek Town Council input on the maximum height of fences. Ms. Fleck was directed to take the height issue to the Town Council and report back to the Commission. No action was taken on this item. B.3 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: REVISION TO TOWN ORDINANCE NO. 2002-40 P&Z (TREE PRESERVATION AND REMOVAL). Ms. Fleck presented this item to the Commission and gave a staff report. The revised Tree Preservation Ordinance is a minor revision to the Town’s existing Tree Preservation and Removal Ordinance. Through its application, Town staff identified areas that need to be strengthened to ensure applicability to all real property within the Town limits, while excluding developed single-family and multi family residential property. The “Applicability” Section of 8.3 has been revised and Section 8.11 has been added pertaining to Land Disturbing Activities. The revision has already been presented to the Tree Board and they have no changes. Adam Adams, Parks and Recreation Director answered specific questions pertaining to the changes. Motion: Stephens Second: Reed Ayes: Hill, Bradley, Rodgers, Sheridan Nays: None Action: 6-0 Motion carried. C.1 REVIEW AND APPROVE MINUTES: A. 17 MARCH 2005 A motion was made to approve the minutes of 17 March 2005, as written. Motion: Stephens Second: Reed Ayes: Hill, Bradley, Rodgers, Sheridan Nays: None Action: 6-0 Motion carried. D.1 Adjournment. Chairman Hill adjourned the meeting at approximately 8:43 pm. ________________________________________ Gene Hill, Chairman (SEAL) ____________________________________________ Kerin C. Fleck, Planning & Zoning Coordinator PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 5-19-2005 Subject: Agenda Item No.D.1 Adjournment. (kcf)