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Minutes P&Z 12/06/2001MINUTES OF A PUBLIC HEARING & *REGULAR SESSION FOR THE PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB 6 DECEMBER 2001 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 6 December 2001, at 6:30 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Gilliland arrived at 6:45 pm Commissioner Ashby excused Commissioner Reed present Commissioner Rodgers present Commissioner Shegon excused Commissioner Sheridan present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Dan Boutwell Planning Consultant Paul Rosenberger Community Development Manager Greg Tucker Trophy Club/Westlake DPS Fire Chief 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 6:34 pm, and announced a quorum was present. PUBLIC HEARING 2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING. Chairman Hill opened the Public Hearing. 3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: Chairman Hill read caption 3(A) into the record. Planning & Zoning Commission PH & Regular Session 6 December 2001 A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #17 WHICH AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN; ADDING PROVISIONS TO INCORPORATE THE CONCEPTUAL LANDSCAPE PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF THE CONCEPTUAL LANDSCAPE PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E" AND "F" OF PD PLANNED DEVELOPMENT #17; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-002) Ms. Fleck gave a brief summary of the purpose for the amendment and ratification of Town Ordinance No. 96-10. Chairman Hill read caption 3(13) into the record. B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 98-21 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #18 WHICH AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 97-10 P&Z OF THE TOWN; ADDING PROVISIONS TO INCORPORATE THE ENTRY PLAN, THE SIGN PLAN, AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #18, GENERALLY KNOWN AS FOX POINTE; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF THE ENTRY PLAN, THE SIGN PLAN AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E", "F" AND "G" OF PD PLANNED DEVELOPMENT #18; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-003) Planning & Zoning Commission PH & Regular Session 6 December 2001 Ms. Fleck gave a brief summary of the purpose for the amendment and ratification of Town Ordinance No. 98-21 P&Z. Chairman Hill read caption 3(C) into the record. C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 98-24 A P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #19, WHICH REFERENCED AN AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 94- 09 OF THE TOWN; PROVIDING FOR THE CORRECT NUMERICAL REFERENCE FOR THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE; ADDING PROVISIONS TO INCORPORATE THE CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #19, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBIT "E" OF PD PLANNED DEVELOPMENT #19; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-004) Ms. Fleck gave a brief summary of the purpose for the amendment and ratification of Town Ordinance No. 98-24 A P&Z. Chairman Hill read caption 3(D) into the record. D. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING ACTION TAKEN BY THE TOWN COUNCIL ON JANUARY 19, 1999, APPROVING AN AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 98-24 P&Z OF THE TOWN, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 6.6589 ACRE TRACT OF LAND, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN, PHASE II, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS THEN CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL AND R-15 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT #20 FOR SINGLE FAMILY RESIDENTIAL USES; PROVIDING N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 3 Planning & Zoning Commission PH & Regular Session 6 December 2001 THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCEAND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #20 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PD DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A GENERAL PURPOSE, USES GENERALLY, BUILDING PERMIT REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES, CONSTRUCTION REGULATIONS, DRIVEWAYS AND WALKWAYS, SPECIAL PAVING, FENCES/WALLS/RETAINING WALLS, COMMON AREAS, LANDSCAPE, UTILITIES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON SPECIFIED REGULATIONS; PROVIDING A DRAFT OF PROPOSED COVENANTS, CONDITIONS, AND RESTRICTIONS; PROVIDING A CONSTRUCTION SCHEDULE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-005) Ms. Fleck gave a brief summary regarding the zoning ordinance for PD -20, The Estates of Hogan's Glen, phase 1. Chairman Hill read caption 3(E) into the record. E. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 1999-10, THE SAME BEING AN AMENDMENT TO ORDINANCE NO. 96-10 WHICH CREATED PD PLANNED DEVELOPMENT #17 AND AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN, TO ADOPT NEW REGULATIONS FOR BUILDING HEIGHT AND DEPTH OF FRONT YARD FOR PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN; PROVIDING FOR THE CORRECTION OF A CLERICAL ERROR IN THE CAPTION OF ORDINANCE 1999-10; AMENDING THE OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS, PROVIDING FOR SEVERABILITY; 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; N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 12 Planning & Zoning Commission PH & Regular Session 6 December 2001 PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-006) Ms. Fleck gave a brief summary of the purpose for the amendment to Town Ordinance No. 1999-10. Chairman Hill read caption 3(F) into the record. F. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 1999-11, THE SAME BEING AN ORDINANCE ADDING NEW PROVISIONS FOR BUILDING HEIGHT REGULATIONS FOR PD PLANNED DEVELOPMENT #20, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN, PHASE 11, WHICH WAS CREATED BY AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 PROVIDING FOR THE CORRECTION OF CLERICAL ERRORS REFERENCING INCORRECT ORDINANCE NUMBERS THROUGHOUT ORDINANCE 1999-11; AMENDING THE OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-007) Ms. Fleck gave a brief summary of the purpose for the amendment to Town Ordinance No. 98- 11. Chairman Hill read caption 3(G) into the record. G. 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 REPEALING SECTION 46, ENTITLED "TREE PRESERVATION", OF ARTICLE 7, DEVELOPMENT AND DESIGN STANDARDS, IN ITS ENTIRETY; AND BY AMENDING SECTION 47, ENTITLED "LANDSCAPING REGULATIONS", BY REVISING PARAGRAPH (2) ENTITLED "TREES" OF SUBSECTION D "GENERAL STANDARDS"; BY AMENDING PARAGRAPH (4) ENTITLED "CONTENT OF THE LANDSCAPE PLAN" OF SUBSECTION G, "REQUIREMENTS FOR RESIDENTIAL DISTRICTS"; AND BY AMENDING PARAGRAPH (3) ENTITLED "CONTENT OF LANDSCAPE PLANS" OF SUBSECTION H "REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES"; N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 61 Planning & Zoning Commission PH & Regular Session 6 December 2001 PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-008) Ms. Fleck gave a brief summary of the purpose for the amendment and repeal to the Comprehensive Zoning Ordinance 2000-06 P&Z. Chairman Hill read caption 3(H) into the record. H. CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-21 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8 TO ADOPT PROVISIONS FOR TREE PRESERVATION AND REMOVAL; PROVIDING DEFINITIONS; ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION; PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE REPLACEMENT AND REMOVAL; PROVIDING AN APPROVED TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING TREE PERMITS FOR REMOVAL AND FOR REPLANTING; PROVIDING AN APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-009) There were no requests to speak from the public. 4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. A motion was made to close the public hearing. Motion: Reed Second: Sheridan Ayes: Hill, Gilliland, Rodgers N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM i Planning & Zoning Commission PH & Regular Session 6 December 2001 Nays: None Action: 5-0 Motion carried. 5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION. *REGULAR SESSION Chairman Hill directed the Commissioners to move to agenda item 7 in order to accommodate Chief Tucker. 7. PRESENTATION AND DISCUSSION RELATIVE TO THE PROPOSED OUTDOOR WARNING SYSTEM TO BE INSTALLED WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB. (PRESENTER: FIRE CHIEF GREG TUCKER) Chief Tucker handed out a picture of the proposed outdoor warning tower and addressed the Commission. On 10 September 2001, the DPS was invited to an EDC 4B meeting in order to explore and discuss the possibility of an outdoor warning system for Trophy Club. A formal presentation was delivered to EDC 4B, 8 October 2001. 12 November 2001, EDC 4 B conducted a public hearing and the specifications DPS presented were approved and the Board voted to fund the project. One stipulation however, was that the project be presented to the Planning & Zoning Commission in order to get their approval. The specifications are as follows: Two (2) sirens to cover the entire Town of Trophy Club. One (1) siren is referred to as a ten (10) stack siren, while the other siren is referred to as a seven (7) stack siren. The smaller siren is targeted to be installed in the Harmony Park area. They will have silence test capabilities and will be self-diagnostic. They will have the option for approximately nine (9) different pre-recorded voice messages. The public will have the opportunity to purchase indoor alert systems that will be tied to the sirens, allowing residents inside to be aware of dangerous conditions. The poles will be electro -mechanical powered, not solar powered. N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 19 Planning & Zoning Commission PH & Regular Session 6 December 2001 Chairman Hill asked Chief Tucker to appear before the Commission when this project is closer to execution. 6. DISCUSSION AND CONSIDERATION OF APPROPRIATE ACTION RELATIVE TO THE PLANNING & ZONING COMMISSION'S RECOMMENDATION TO THE TOWN COUNCIL REGARDING THE ADOPTION OF THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #17 WHICH AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN; ADDING PROVISIONS TO INCORPORATE THE CONCEPTUAL LANDSCAPE PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF THE CONCEPTUAL LANDSCAPE PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E" AND "F" OF PD PLANNED DEVELOPMENT #17; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-002) A motion was made to approve the ordinance previously read into the record as agenda item 3(A). Motion: Sheridan Second: Reed Ayes: Hill, Gilliland, Rodgers Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 98-21 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #18 WHICH AMENDED THE THEN N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM i Planning & Zoning Commission PH & Regular Session 6 December 2001 CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 97-10 P&Z OF THE TOWN; ADDING PROVISIONS TO INCORPORATE THE ENTRY PLAN, THE SIGN PLAN, AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #18, GENERALLY KNOWN AS FOX POINTE; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF THE ENTRY PLAN, THE SIGN PLAN AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E", "F" AND "G" OF PD PLANNED DEVELOPMENT #18; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-003) A motion was made to approve the ordinance previously read into the record as agenda item 3(B). Motion: Reed Second: Sheridan Ayes: Hill, Gilliland, Rodgers Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING ORDINANCE NO. 98-24 A P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #19, WHICH REFERENCED AN AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 94- 09 OF THE TOWN; PROVIDING FOR THE CORRECT NUMERICAL REFERENCE FOR THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE; ADDING PROVISIONS TO INCORPORATE THE CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #19, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBIT "E" OF PD PLANNED DEVELOPMENT #19; PROVIDING A CUMULATIVE CLAUSE; N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 9 Planning & Zoning Commission PH & Regular Session 6 December 2001 PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-004) A motion was made to approve the ordinance previously read into the record as agenda item 3(C). Motion: Rodgers Second: Sheridan Ayes: Hill, Gilliland, Reed Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. D. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING ACTION TAKEN BY THE TOWN COUNCIL ON JANUARY 19, 1999, APPROVING AN AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 98-24 P&Z OF THE TOWN, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 6.6589 ACRE TRACT OF LAND, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN, PHASE 11, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS THEN CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL AND R-15 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT #20 FOR SINGLE FAMILY RESIDENTIAL USES; 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 PD PLANNED DEVELOPMENT #20 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PD DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A GENERAL PURPOSE, USES GENERALLY, BUILDING PERMIT REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES, CONSTRUCTION REGULATIONS, DRIVEWAYS AND N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM Planning & Zoning Commission PH & Regular Session 6 December 2001 WALKWAYS, SPECIAL PAVING, FENCES/WALLS/RETAINING WALLS, COMMON AREAS, LANDSCAPE, UTILITIES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON SPECIFIED REGULATIONS; PROVIDING A DRAFT OF PROPOSED COVENANTS, CONDITIONS, AND RESTRICTIONS; PROVIDING A CONSTRUCTION SCHEDULE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-005) A motion was made to approve the ordinance previously read into the record as agenda item 3(D). Motion: Sheridan Second: Rodgers Ayes: Hill, Gilliland, Reed Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. E. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 1999-10, THE SAME BEING AN AMENDMENT TO ORDINANCE NO. 96-10 WHICH CREATED PD PLANNED DEVELOPMENT #17 AND AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN, TO ADOPT NEW REGULATIONS FOR BUILDING HEIGHT AND DEPTH OF FRONT YARD FOR PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN; PROVIDING FOR THE CORRECTION OF A CLERICAL ERROR IN THE CAPTION OF ORDINANCE 1999-10; AMENDING THE OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-006) N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM iff Planning & Zoning Commission PH & Regular Session 6 December 2001 A motion was made to approve the ordinance previously read into the record as agenda item 3(E). Motion: Gilliland Second: Reed Ayes: Hill, Rodgers, Sheridan Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. F. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 1999-11, THE SAME BEING AN ORDINANCE ADDING NEW PROVISIONS FOR BUILDING HEIGHT REGULATIONS FOR PD PLANNED DEVELOPMENT #20, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN, PHASE II, WHICH WAS CREATED BY AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 PROVIDING FOR THE CORRECTION OF CLERICAL ERRORS REFERENCING INCORRECT ORDINANCE NUMBERS THROUGHOUT ORDINANCE 1999-11; AMENDING THE OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-01-007) A motion was made to approve the ordinance previously read into the record as agenda item 3(F). Motion: Reed Second: Sheridan Ayes: Hill, Gilliland, Rodgers Nays: None Action: 5-0 Motion carried. This item will be recommended for approval at the 7 January 2002, Town Council meeting. N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 12 Planning & Zoning Commission PH & Regular Session 6 December 2001 G. 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 REPEALING SECTION 46, ENTITLED "TREE PRESERVATION", OF ARTICLE 7, DEVELOPMENT AND DESIGN STANDARDS, IN ITS ENTIRETY; AND BY AMENDING SECTION 47, ENTITLED "LANDSCAPING REGULATIONS", BY REVISING PARAGRAPH (2) ENTITLED "TREES" OF SUBSECTION D "GENERAL STANDARDS"; BY AMENDING PARAGRAPH (4) ENTITLED "CONTENT OF THE LANDSCAPE PLAN" OF SUBSECTION G, "REQUIREMENTS FOR RESIDENTIAL DISTRICTS"; AND BY AMENDING PARAGRAPH (3) ENTITLED "CONTENT OF LANDSCAPE PLANS" OF SUBSECTION H "REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES"; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-008) A motion was made to approve the ordinance previously read into the record as agenda item 3(G). Motion: Gilliland Second: Rodgers Ayes: Hill, Reed Nays: Sheridan Action: 4-1 Motion carried. This item will be recommended for approval at the 17 December 2001, Town Council meeting. H. CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-21 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8 TO ADOPT PROVISIONS FOR TREE PRESERVATION AND REMOVAL; PROVIDING DEFINITIONS; ESTABLISHING PROVISIONS FOR A TREE BOARD, PROVIDING TREE PRESERVATION; PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE REPLACEMENT AND REMOVAL; PROVIDING AN APPROVED TREE PLANTING AND REPLACEMENT LIST; N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 13 Planning & Zoning Commission PH & Regular Session 6 December 2001 PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING TREE PERMITS FOR REMOVAL AND FOR REPLANTING; PROVIDING AN APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-009) Paul Rosenberger addressed the Commission and briefly summarized the ordinance. The following items were revised to read as follows: SECTION 8.1 DEFINITIONS "Developer" shall mean any individual, partnership, firm, association, joint venture, organization, corporation, builder, construction company or governmental entity. "Original Construction" shall mean initial construction. SECTION 8.2 TREE BOARD 1. Creation and Establishment of a Town Tree Board: There is hereby created and established a Town Tree Board for the Town of Trophy Club, Texas which shall consist of five (5) regular members, each to be appointed by a majority of the Town Council. SECTION 8.3 TREE PRESERVATION 2. Applicability: The purpose of this Ordinance is to regulate undeveloped and vacant real property as a developer or land owner proceeds through the platting, subdivision and development process, and except as otherwise specifically provided herein, this Ordinance shall not apply to subsequent owners or lessees of property after the platting, subdivision process and original construction has been completed. Except as otherwise provided herein, the terms and provisions of this Ordinance shall apply to real property within the Town's limits and upon: N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM 14 Planning & Zoning Commission PH & Regular Session 6 December 2001 a. All real property upon which any Protected, Specimen, Majestic, or Historic Tree is located which is vacant or undeveloped at the time of passage of this Ordinance. b. All vacant and undeveloped real property. c. All real property to be subdivided or re -subdivided, including record plats and replats. A motion was made to approve the ordinance previously read into the record as agenda item 3(H) with the above revisions. Motion: Gilliland Second: Reed Ayes: Hill, Rogers Nays: Sheridan Action: 4-1 Motion carried. This item will be recommended for approval at the 17 December 2001, Town Council meeting. 8. DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE PROPOSED REVISIONS TO THE TOWN OF TROPHY CLUB ORDINANCE 1999-13 ESTABLISHING SIGN REGULATIONS. (AMD -01-007) The Commission discussed the sign ordinance and made revisions. This item will be continued on the next agenda. 9. DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE FOLLOWING: A. A CHANGE TO THE TIME OF FUTURE PLANNING & ZONING COMMISSION MEETINGS A motion was made to begin future Commission meetings at 7:00pm. Motion: Reed Second: Sheridan Ayes: Hill, Gilliland, Rodgers Nays: None Action: 5-0 Motion carried. B. ATTENDANCE PROTOCOL N:\kfleck\Private\PLANN1NG & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM Planning & Zoning Commission PH & Regular Session 6 December 2001 Chairman Hill read Commission Shegon's resignation letter. Chairman Hill directed the Commission to contact Ms. Fleck as soon as it is known a Commissioner will be unable to attend a meeting, or be late. Chairman Hill adjourned the meeting at approximately 8:46 pm. '--G'ene Hill, Chairman K4rin C. Fleck, Planninh & zoning Coordinator c1 N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\Dec\12062001 PH & REG SESSION.doc 1/23/02 9:16:55 AM It. 1