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Minutes P&Z 06/02/1998MINUTES OF JOINT PUBLIC HEARING/JOINT PUBLIC SESSION PLANNING & ZONING COMMISSION/ TOWN COUNCIL TOWN OF TROPHY CLUB June 2, 1998 THE STATE OF TEXAS § COUNTY OF DENTON § The Planning and Zoning Commission met in a joint public hearing/joint public session with the Town Council on Tuesday, June 2, 1998. The meeting was held within the boundaries of the Town and was open to the public. COMMISSIONERS PRESENT Mike Hamper Chairman Gene Hill Commissioner Don Cotton Commissioner Rick Gilliland Commissioner Clayton Reed Commissioner David Schaaf Commissioner COUNCIL MEMBERS PRESENT: Jim Carter Mayor Marshall Engelbeck Mayor Pre Tem Ben Brewster Council Member Kevin Carr Council Member Kay Pratt Council Member COUNCIL MEMBERS ABSENT: Susan McCabe Council Member STAFF AND GUESTS PRESENT: Donna Welsh Town Manager Karen Sadri Town Secretary Cathy Morgas P&Z Administrator Bill LeGrand Director of Public Works Pam Liston Town Attorney David Miller Director of DPS Roger Unger Municipal Utility District Manager Pete Stebbins Resident 1. CALL TO ORDER AND ANNOUNCE A QUORUM: A. TOWN COUNCIL: Mayor Carter called the meeting to order at 7:35 p.m. and announced a quorum with Council Member McCabe absent. B. PLANNING & ZONING COMMISSION: Chairman Hamper called the meeting to order at 7:35 p.m. and announced a quorum with all commissioners in attendance. Page 2 Joint Public Hearing Town Council/ P&Z June 2, 1998 2. TOWN COUNCIL TO ADOPT AN ORDINANCE 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 THE R15 ZONING OF THE RECENTLY ANNEXED 166 ACRE TRACT OF LAND, 3.8 ACRE TRACT OF LAND, AND 4.2 ACRE TRACT OF LAND; PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Engelbeck moved to adopt the ordinance to call the Public Hearing. Council Member Carr seconded; motion passed unanimously. JOINT PUBLIC HEARING 3. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Commissioner Hill moved to open the joint public hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. 4. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION: Mayor Pro Tem Engelbeck moved to open the joint public hearing with the Planning and Zoning Commission. Council Member Carr seconded; motion passed unanimously. 5. TOWN COUNCIL. TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. TO CONSIDER 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 THE OFFICIAL ZONING MAP OF THE TOWN ZONING A CERTAIN TRACT OF LAND DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, ACCORDING TO THE R15 SINGLE FAMILY RESIDENTIAL DISTRICT STANDARDS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R15 ZONING HEREIN MADE; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE. P&Z Chairman Hamper explained to the Council that R15 means a minimum lot size of 15,000 square feet and what type of setbacks etc. are required and that an R15 has the most restrictive zoning requirements. Page 3 Joint Public HearingTown Council/ P&Z June 2, 1998 B. TO CONSIDER 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 THE OFFICIAL ZONING MAP OF THE TOWN ZONING A CERTAIN TRACT OF LAND CONSISTING OF A 4.2 ACRE TRACT AND A 3.8 ACRE TRACT AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, ACCORDING TO THE R15 SINGLE FAMILY RESIDENTIAL DISTRICT STANDARDS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R15 ZONING HEREIN MADE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NO 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 AN EFFECTIVE DATE. Developer, John Harbin, explained these two (2) pieces would be in Eagles Ridge and Eagles Ridge is all zoned R12. He wanted to know how if these two (2) pieces were zoned R15 they would be zoned back to R12. Attorney Liston explained that the two (2) pieces have to come in as R15 but can be rezoned as R12 through the public hearing process, which includes publishing a notice and holding a public hearing. 6. 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 at 7:55 p.m. Commissioner Cotton seconded; motion passed unanimously. 7. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Council Member Carr moved to close the joint public hearing at 7:55 p.m. Council Member Brewster seconded; motion passed unanimously. 8. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION. Mayor Carter announced the joint session. JOINT SESSION AGENDA: 9. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND TAKE APPROPRIATE ACTION REGARDING: Page 4 Joint Public HearingTown Council/ P&Z June 2, 1998 A. TO CONSIDER 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 THE OFFICIAL ZONING MAP OF THE TOWN ZONING A CERTAIN TRACT OF LAND DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, ACCORDING TO THE R15 SINGLE FAMILY RESIDENTIAL DISTRICT STANDARDS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R15 ZONING HEREIN MADE; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE. Commissioner Hill moved to recommend to the Town Council to adopt the ordinance of zoning the 166 acres at R15. Commissioner Reed seconded; motion passed the Planning and Zoning Commission unanimously. Mayor Pro Tem Engelbeck moved to accept the recommendation of the P&Z and adopt the ordinance that amends the zoning map to include the 166 acres as R15. Council Member Pratt seconded; motion passed unanimously. B. TO CONSIDER 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 THE OFFICIAL ZONING MAP OF THE TOWN ZONING A CERTAIN TRACT OF LAND CONSISTING OF A 4.2 ACRE TRACT AND A 3.8 ACRE TRACT AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, ACCORDING TO THE R15 SINGLE FAMILY RESIDENTIAL DISTRICT STANDARDS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R15 ZONING HEREIN MADE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NO 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 AN EFFECTIVE DATE. Commissioner Hill moved to recommend to the town council to adopt the ordinance to zone the two (2) pieces of land at R15. Commissioner Reed seconded; motion passed unanimously. Mayor Pro Tem Engelbeck moved to accept the recommendation from the Planning and Zoning Commission and adopt the ordinance to zone the two (2) pieces of land R15. Council Member Brewster seconded; motion passed unanimously. 10. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH TOWN COUNCIL: Page 5 Joint Public HearingTown Council/ P&Z June 2, 1998 Commissioner Reed moved to close the joint public session at 7:59 p.m. Commissioner Gilliland seconded; motion passed unanimously. ]I. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND ZONING COMMISSION AND ADJOURN: Council Member Carr moved to close the joint session and adjourn the meeting at 7:59 p.m. Mayor Pro Tern Engelbeck seconded; motion passed unanimously. Mike Hamper, Chairperson P & Z Adm' istrator 07/14/98 Min