Minutes P&Z 06/05/2003MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
5 June 2003
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public
Hearing and a Regular Session on 5 June 2003, at 7:00 pm in the Boardroom of the
Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262,
COMMISSIONERS ATTENDANCE:
Chairman Hill
Vice Chairman Gilliland
Commissioner Ashby
Commissioner Reed
Commissioner Rodgers
Commissioner Sheridan
Commissioner Stephens
STAFF AND GUESTS PRESENT:
Kerin C. Fleck
Dan Boutwell
Patricia Adams
Tom Rutledge
Randy Briggs
present
arrived at 7:05 pm
absent
present
present
present
arrived at 7:05 pm
Planning & Zoning Coordinator
Planning Consultant
Town Attorney
Town Engineer
Community Development Manager
CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:02 pm, announced a quorum was
present and explained the format of the meeting for the benefit of the audience.
PUBLIC HEARING
2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
A motion was made to open the Public Hearing,
Motion:
Reed
Second:
Sheridan
Ayes:
Hill, Gilliland, Rodgers, Stephens
Nays:
None
Action:
6-0
Motion carried.
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO
THE FOLLOWING:
Chairman Hill read the following caption into the record.
A. 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 6, TO
REVISE THE TITLE OF ARTICLE 6 TO "CONDITIONAL AND SPECIAL USES" AND
BY ADOPTING SECTION 44.1 ENTITLED "SPECIAL USE PERMITS" ("SUP");
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A
PURPOSE; ESTABLISHING AUTHORIZED SPECIAL USES; PROVIDING
PROVISIONS FOR APPLICATION; SETTING FORTH GUIDELINES FOR THE
CONTENTS OF THE SUP PERMIT APPLICATION; ESTABLISHING PROVISIONS
FOR A PUBLIC HEARING; ESTABLISHING PROVISIONS FOR THE
CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION; PROVIDING
CONDITIONS AND RESTRICTIONS; PROVIDING AN AFFIDAVIT OF
COMPLIANCE WITH CONDITIONS; ESTABLISHING GUIDELINES FOR THE EFFECT
OF ISSUANCE OF A PERMIT FOR A SPECIAL USE; PROVIDING A PERIOD OF
VALIDITY; 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. (AMD -03-012)
Chairman Hill further clarified the purpose of the public hearing,
The following residents addressed the Commission:
Diane Zeigler - 10 Stephens Court
Christina Cari Pearlman - 6 Hamper Court
Jimmie Jones - 7 Hamper Court
Patricia Grounds - 405 Hogan's Drive
Ernie Anderson - 50 Cypress Court
Bruce Jongeneel - 34 Ridgewood Drive
Carol Nolte - 226 Oakmont Drive
Peggy Foraker - 2 Stephens Court
Chairman Hill read the following caption into the record,
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING
ORDINANCE NO. 2003-05 OF THE TOWN REGULATING THE DEVELOPMENT OF
OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE TOWN OF
TROPHY CLUB; AND ADOPTING A NEW ORDINANCE AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 5, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS" TO ADD SECTION 43.1 TO ADOPT
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
PROVISIONS FOR "OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN
THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB"; PROVIDING FOR
THE INCORPORATION OF PREMISES; ESTABLISHING A PURPOSE; PROVIDING
DEFINITIONS; PROVIDING CRITERIA FOR OIL AND GAS WELL DRILLING AND
PRODUCTION "BY SPECIAL USE PERMIT (SUP)"; PRESCRIBING SPECIAL USE
PERMIT APPLICATION REQUIREMENTS; ESTABLISHING STANDARDS FOR
RECOMMENDATIONS FOR SPECIAL USE PERMITS; PROVIDING OIL AND GAS
WELL REQUIREMENTS; PRESCRIBING CRITERIA FOR THE REVIEW OF
APPLICATIONS FOR OIL AND GAS WELL PERMITS; PROVIDING FOR
INSURANCE AND INDEMNIFICATION; PROVIDING FOR SECURITY;
ESTABLISHING PROVISIONS FOR PERIODIC REPORTS; PROVIDING FOR
NOTICE OF ACTIVITIES; SETTING FORTH CRITERIA FOR AMENDED OIL AND
GAS WELL PERMITS; PROVIDING FOR THE TRANSFER OF OIL AND GAS WELL
PERMITS; ESTABLISHING REMEDIES OF THE TOWN; PROVIDING FOR
ENFORCEMENT, RIGHT OF ENTRY; 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 SAVINGS
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
(REP -03-012)
The following residents addressed the Commission;
Richard Blake - 18 Ridgewood Drive
Diane Zeigler - 10 Stephens Court
Christina Pearlman - 6 Hamper Court
Jimmie Jones - 7 Hamper Court
Patricia Grounds - 405 Hogan's Drive
Ernie Anderson - 50 Cypress Court
Chairman Hill read the following caption into the record.
C. 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 SECTION 35,
ENTITLED "ACCESSORY STRUCTURES" OF ARTICLE 5, BY REVISING
SUBSECTION E, "LOCATION", TO ALLOW SIGNS TO BE PLACED IN FRONT
YARDS; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. (AMD -03-013)
Diane Zeigler addressed the Commission.
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
Chairman Hill explained the purpose of agenda item 3C, There were no additional
requests to speak.
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:
Gilliland
Second:
Stephens
Ayes:
Hill, Reed, Rodgers, Sheridan
Nays:
None
Action:
6-0
Motion carried.
5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION.
Chairman Hill opened the Regular Session.
*REGULAR SESSION
6. PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE REQUEST
FOR FINAL PLAT APPROVAL OF 22.417 ACRE TRACT OF LAND KNOWN AS TROPHY
WOOD BUSINESS CENTER, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY
114, WEST OF T.W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT.
APPLICANT: PATE ENGINEERS. (FP -03-004)
Chairman Hill read the caption into the record.
Mr. Cunningham addressed the Commission. Mr, Cunningham discussed the issues with
Oncor, After several meetings, phone calls and eight weeks of delay, Oncor approved
the plans with no changes required to the initial plans. Mr. Cunningham referenced a
letter from Oncor, dated June 4, 2003. Currently, Oncor is preparing required
attachments for signed easements. During the two-month interim, the construction
plans have been completed, the drawings have gone out to bid and a general
contractor has been selected. Mr, Cunningham has now turned his focus towards the
Developer's Agreement and accompanying bonds, Following Town Council approval
of the plat and agreement, the road construction should be completed in two and a
half (21/2) months.
Commissioner Stephens had no comments,
Vice Chairman Gilliland had no comments,
Commission Rodgers had no comments.
Commissioner Sheridan had no comments,
Commissioner Reed had no comments,
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
A motion was made to approve the Final Plat for Trophy Wood Business Center,
Mr. Rutledge stated based on the letter dated 4 June from Oncor, he sees no reason
not to proceed with approval of the plat,
Mr. Boutwell said the plat meets the requirements of the Subdivision Regulations,
Motion:
Stephens
Second:
Sheridan
Ayes:
Hill, Gilliland,
Nays:
None
Action:
6-0
Motion carried.
Reed, Rodgers
This item will be on the Town Council's 15 June 2003 agenda,
7. 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
ORDINANCE NO
COMPREHENSIVE
OF THE
2000-06
ZONING
REVISE THE TITLE OF ARTICL
ETOWN OF TROPHY CLUB, TEXAS AMENDING
P&Z OF THE TOWN, THE SAME BEING THE
ORDINANCE, BY AMENDING ARTICLE 6, TO
6 TO "CONDITIONAL AND SPECIAL USES" AND
BY ADOPTING SECTION 44.1 ENTITLED "SPECIAL USE PERMITS" ("SUP");
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A
PURPOSE; ESTABLISHING AUTHORIZED SPECIAL USES; PROVIDING
PROVISIONS FOR APPLICATION; SETTING FORTH GUIDELINES FOR THE
CONTENTS OF THE SUP PERMIT APPLICATION; ESTABLISHING PROVISIONS
FOR A PUBLIC HEARING; ESTABLISHING PROVISIONS FOR THE
CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION; PROVIDING
CONDITIONS AND RESTRICTIONS; PROVIDING AN AFFIDAVIT OF
COMPLIANCE WITH CONDITIONS; ESTABLISHING GUIDELINES FOR THE EFFECT
OF ISSUANCE OF A PERMIT FOR A SPECIAL USE; PROVIDING A PERIOD OF
VALIDITY; 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. (AMD -03-012)
Mr. Boutwell clarified the Special Use Permit process for the benefit of the
Commissioners and the audience,
Commissioner Rodgers confirmed that the Town cannot enforce deed restrictions,
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I
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
Mr. Boutwell explained the differences between deed restrictions and Town provisions
outlined in the Comprehensive Zoning Ordinance,
There were no additional comments from the Commissioners,
A motion was made to recommend approval of the ordinance amendment with the
following changes:
Change Special Use Permit to Specific Use Permit throughout the entire
ordinance.
Section 441, B(1) End the sentence after "production".
Section 44. 1, 13(2) Revise to read: Children's Day Care Center, unless otherwise
specifically allowed,
Motion:
Reed
Second:
Gilliland
Ayes:
Hill, Sheridan, Rodgers, Stephens
Nays:
None
Action:
6-0
Motion carried.
This item will be recommended to the Town Council for approval at their 7 July 2003
meeting.
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING
ORDINANCE NO. 2003-05 OF THE TOWN REGULATING THE DEVELOPMENT OF
OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE TOWN OF
TROPHY CLUB; AND ADOPTING A NEW ORDINANCE AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 5, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS" TO ADD SECTION 43.1 TO ADOPT
PROVISIONS FOR "OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN
THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB"; PROVIDING FOR
THE INCORPORATION OF PREMISES; ESTABLISHING A PURPOSE; PROVIDING
DEFINITIONS; PROVIDING CRITERIA FOR OIL AND GAS WELL DRILLING AND
PRODUCTION "BY SPECIAL USE PERMIT (SUP)"; PRESCRIBING SPECIAL USE
PERMIT APPLICATION REQUIREMENTS; ESTABLISHING STANDARDS FOR
RECOMMENDATIONS FOR SPECIAL USE PERMITS; PROVIDING OIL AND GAS
WELL REQUIREMENTS; PRESCRIBING CRITERIA FOR THE REVIEW OF
APPLICATIONS FOR OIL AND GAS WELL PERMITS; PROVIDING FOR
INSURANCE AND INDEMNIFICATION; PROVIDING FOR SECURITY;
ESTABLISHING PROVISIONS FOR PERIODIC REPORTS; PROVIDING FOR
NOTICE OF ACTIVITIES; SETTING FORTH CRITERIA FOR AMENDED OIL AND
GAS WELL PERMITS; PROVIDING FOR THE TRANSFER OF OIL AND GAS WELL
PERMITS; ESTABLISHING REMEDIES OF THE TOWN; PROVIDING FOR
ENFORCEMENT, RIGHT OF ENTRY; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND
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FAI
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
(REP -03-012)
Bryan Phillips, Fire Inspector had no comments.
Commissioner Sheridan stated his comments were centered on the criteria in the
manual.
Vice Chairman Gilliland addressed the access routes to the drilling sites. He stressed to
the members of the audience the public hearing was part of a process and specific
approval was not being authorized by this meeting.
A motion was made to recommend approve of the proposed Drilling Ordinance with
the following changes:
Section 43,1, C(1) revise to the following: The drilling and production of oil and
gas within the corporate limits of the Town shall be permitted on unplatted
property by Special Use Permit...
Change Special Use Permit to Specific Use Permit throughout the entire
ordinance.
Motion: Sheridan
Second: Gilliland
The Planning & Zoning Commission convened into executive session at 8:24pm.
EXECUTIVE SESSION
EXECUTIVE SESSION: PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED,
SUBCHAPTER 551, SECTION 551.071(2) Consultation with Town Attorney on a matter in
which the duty of the attorney to the governmental body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings
Act:
LEGAL ADVICE RELATIVE TO PROPOSED DRILLING ORDINANCE
The Planning & Zoning Commission reconvened into Regular Session at 8:35 p.m.
Vice Chairman Gilliland withdrew his second,
The initial motion died for lack of a second.
A motion was made to recommend approval of the proposed Drilling Ordinance with
the following changes:
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
Change Special Use Permit to Specific Use Permit throughout the entire
ordinance.
There was no further discussion,
Motion:
Gilliland
Second:
Reed
Ayes:
Hill, Rodgers, Sheridan, Stephens
Nays:
None
Action:
6-0
Motion carried.
This item will be recommended to the Town Council for approval at their 7 July 2003
meeting.
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AN OIL
AND GAS WELL MANUAL ESTABLISHING REGULATIONS AND CRITERIA FOR
THE OPERATION AND MAINTENANCE OF OIL AND GAS WELLS WITHIN THE
TOWN OF TROPHY CLUB; PROVIDING FOR THE INCORPORATION OF A
PREMISES; PRESCRIBING STANDARDS FOR OIL AND GAS WELL DRILLING AND
PRODUCTION WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY
CLUB; SETTING FORTH REQUIREMENTS APPLICABLE TO A GAS WELL
DEVELOPMENT SITE PLAN; PROVIDING AN APPLICATION FOR OIL AND GAS
WELL DEVELOPMENT SITE PLAN REVIEW; PROVIDING CRITERIA FOR AN OIL
AND GAS WELL DEVELOPMENT SITE PLAN CHECKLIST; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. (ORD -03-001)
Commissioner Sheridan inquired about emergency response. Fire Inspector Phillips
stated that the detailed Fire Department operating procedures could not be made
public under the Homeland Security Act of 2002.
Mr. LeDesma addressed the Commission and explained the Corp of Engineers does not
allow well sites to be located in floodplains.
A motion was made to recommend approval of the Drilling Manual.
Motion: Reed
Second: Rodgers
Ayes: Hill, Gilliland, Sheridan, Stephens
Nays: None
Action: 6-0
Motion carried.
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Pot
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
D. 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 SECTION 35,
ENTITLED "ACCESSORY STRUCTURES" OF ARTICLE 5, BY REVISING
SUBSECTION E, "LOCATION", TO ALLOW SIGNS TO BE PLACED IN FRONT
YARDS; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. (AMD -03-013)
A motion was made to approve the amendment to the Comprehensive Zoning
Ordinance,
Motion:
Gilliland
Second:
Stephens
Ayes:
Hill, Reed, Rodgers, Sheridan
Nays:
None
Action:
6-0
Motion carried.
This item will be recommended to the Town Council for approval at their 7 July 2003
meeting.
7. REVIEW AND APPROVE MINUTES
A. 6 FEBRUARY 2003
A motion was made to approve the minutes as amended.
Motion:
Stephens
Second:
Sheridan
Ayes:
Hill, Gilliland, Reed, Rodgers
Nays:
None
Action:
6-0
Motion carried.
8. ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 7:05 pm.
7
Gene Hill, Chairman
y
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
5 June 2003
C
Kejin C. Fleck, Planning � Zoning Coordinator
0
ME
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