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Minutes P&Z 10/21/1997 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING TOWN COUNCIL MEETING/ PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB, TEXAS October 21, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing withe the Planning and Zoning Commission on Tuesday, October 21, 1997, at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Kevin Carr Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member PLANNING AND ZONING COMMISSIONERS PRESENT: Mike Hamper Clayton Reed David Schaaf Rick Gilliland Gene Hill Don Cotton Roger Williams STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Cathy Morgas Bill LeGrand David Miller Greg Guillaume John Hill CALL TO ORDER AND ANNOUNCE A QUORUM: Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Town Manager Town Secretary P&Z Administrator Director of Public Works Director of DPS Senior Accountant Town Attorney Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present. INVOCATION: John Hill, Town Attorney, gave the invocation. Page 2 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Gene Hill, P&Z Commissioner led both pledges. PUBLIC HEARING TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING AN AMENDMENT TO ORDINANCE NO. 95-20 PROVIDING FOR PD PLANNED DEVELOPMENT ZONING FOR THE VILLAGE AT TROPHY CLUB; PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Engelbeck moved to call a Joint Public Hearing with the Town Council and the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Commissioner Cotton moved to open the Joint Public Hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION: Council Member Glaspell moved to open the Joint Public Hearing with the Planning and Zoning Commission. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE-THROUGH SERVICE; PROVIDING AN EFFECTIVE DATE. Mike Hamper, Chairperson , P&Z, explained the issue to be addressed . Page 3 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 CITIZENS' PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER UNDER CONSIDERATION AT THIS PUBLIC HEARING. THE COUNCIL WILL NOT TAKE ANY ACTION ON ANY PRESENTATION MADE TO THE COUNCIL DURING THE PUBLIC HEARING: The following citizens addressed the Town Council and Planning and Zoning Commission: Kathy Adair 7 Creekmere Ct. Harry Dayton 103 Fairway Village Susan Edstrom 269 Oak Hill Dr. Steve Fischer 14 Straight Creek Ct. Kay Pratt 13 Troon Dr. Dawn Seay 535 Timber Ridge Dr. Fred Tregaskis 267 Oak Hill Dr. Cathy Unger 102 Carnoustie Dr. Y. O. Boychuk 223 Oak Hill Dr. Karen Sadri, Town Secretary, read a portion of a letter from Billy Hughes, 216 Inverness Dr. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Commissioner Hill moved to close the Joint Public Hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN, TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION: Mayor Pro Tem Engelbeck moved to close the Joint Public Hearing with the Planning and Zoning Commission and reconvene into a joint public session. Council Member McCabe seconded; motion passed unanimously. .IOINT SESSION: PLANNING AND ZONING COMMISSION TO CONSIDER AN AMENDMENT TO ORDINANCE NO. 95-20 BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE- THROUGH SERVICE: Following discussion, Commissioner Gilliland moved to approve the application for amendment to Ordinance No. 95-20 to allow a drive through restaurant and further amending the PD to allow the use of a menu board sign per the exhibit provided by the developer showing the location, size and configuration of the sign and recommend that for approval to the Council. Commissioner Williams seconded; motion passed with Chairperson Hamper having to vote to break the tie. Voting for were Commissioners Reed, Gilliland, Williams and Chairman Hamper. Voting against were Commissioners Cotton, Hill and Schaaf. Page 4 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 TOWN COUNCIL TO CONSIDER ADOPTING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE-THROUGH SERVICE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Following discussion, Mayor Pro Tem Engelbeck moved to reject amending Ordinance No. 94-09. Council Member Decker seconded; motion failed. Voting for were Mayor Pro Tem Engelbeck and Council Member Decker. Voting against were Council Members Carr, Glaspell and McCabe. Council Member McCabe moved to approve amending Ordinance No. 94-09. Council Member Glaspell seconded; motion passed with a majority vote. Voting for were Council Members McCabe, Glaspell and Carr. Voting against were Mayor Pro Tem Engelbeck and Council Member Decker. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH TOWN COUNCIL: Commissioner Williams moved to adjourn the Joint Public Session with the Town Council at 8:50 p.m. Commissioner Gilliland seconded; motion passed unanimously. END OF JOINT SESSION WITH TOWN COUNCIL Mike Hamper, C airman Cathy Mor s, P&ZAdministA for 11/13/97 klm 0