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Minutes P&Z 01/18/2007 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION 18 JANUARY 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 18 January 2007, at 7:00 pm in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill excused Vice Chairman Stephens present Commissioner Ashby present, arrived at 7:02 Commissioner Moss present Commissioner Reed present Commissioner Sheridan present Commissioner Stamos absent STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Betty Watson Applicant, TCWC Todd Price Applicant, Developer/Southwest T.O.O. Development, LLC. George Ballans GHB Enterprises Brad Hunstable Hillwood Development A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Vice Chairman Stephens called the meeting to order at 7:00 pm. B.1 PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST FOR A TEMPORARY USE COMMUNITY GARAGE SALE PERMIT GRANTED BY SPECIAL PRIVILEGE. (APPLICANT: BETTY WATSON, TROPHY CLUB WOMEN'S CLUB) A motion was made to recommend approval of the Temporary Use Permit. Motion: Sheridan Second: Reed Ayes: Stephens, Ashby, Moss, Reed, Sheridan Action: 5-0 Motion carried. This item will be forwarded to the Town Council at their 5 February 2007 meeting. B.2 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR PRELIMINARY PLAT APPROVAL FOR AN APPROXIMATE 12.23 ACRE TRACT OF LAND LEGALLY DESCRIBED AS A. MEDLIN SURVEY, ABSTRACT NO. 832, KNOWN AS CHURCHILL DOWNS. APPLICANT: SOUTHWEST T.O.O. DEVELOPMENT L.L.C. (PP-06-013) Todd Price addressed the Commission. The development will be a gated, luxury community with approximately 35 lots. Commissioner Ashby asked the applicant to provide a more accurate Vicinity Map. A motion was made to approve the Preliminary Plat for Churchill Downs. Motion: Sheridan Second: Moss Ayes: Stephens, Ashby, Moss, Reed, Sheridan Action: Approved, 5-0 Motion carried. B.3 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR PRELIMINARY PLAT APPROVAL FOR AN APPROXIMATE 4.038 ACRE TRACT OF LAND GENERALLY DESCRIBED AS MARY MEDLIN SURVEY, ABSTRACT NO. 831, TO BE KNOWN AS THE MAINTENANCE FACILITY ADDITION. APPLICANT: BECK PROPERTIES TROPHY CLUB, L.P. (PP-06-008) Mr. Ballans addressed the Commission. A motion was made to approve the Preliminary Plat for the Maintenance Facility. Motion: Sheridan Second: Ashby Ayes: Stephens, Ashby, Moss, Reed, Sheridan Action: Approved, 5-0 Motion carried. B.4 DISCUSS AND PROVIDE INPUT RELATIVE TO A PROPOSED AMENDMENT TO THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, CHAPTER 13, ENTITLED "ZONING", ARTICLE VIII, ENTITLED "DEVELOPMENT & DESIGN STANDARDS", SECTION D, ENTITLED "MATERIALS", AND SECTION L, ENTITLED "MAINTENANCE AND REPAIR OF NON-LIVING MATERIAL", TO PROVIDE REGULATIONS REGARDING FENCING MATERIALS AND MAINTENANCE. (ADM- 07-027) Ms. Fleck addressed the Commission and briefly addressed the changes. The majority of the language added to Section L, “Maintenance and Repair of Non-Living Material” was not included in the most recently adopted Fence Code. The Code Enforcement Department has requested this criterion be added back to the Fence Code to help with the enforcement of fence maintenance. Additional materials have also been added to Section D, “Materials”. The purpose for adding materials to the “prohibited materials” list is a matter of public safety. The Commission discussed the proposed revisions. This item has been scheduled for public hearing, 1 February 2007, at which time the Commission will take action. The Commission took a brief recess in order to allow time for Ms. Gregory to arrive to address agenda item B.5. The Commission reconvened at 7:19pm. B.5 PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO AN ORDINANCE AMENDING SECTION 7.01, "PROCEDURES", PARAGRAPH (B)(3), OF ARTICLE VII, "DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCES AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS", AND BY AMENDING SECTION 8.11, "LAND-DISTURBING ACTIVITIES", OF ARTICLE VIII, "TREE PRESERVATION AND REMOVAL", OF CHAPTER 12, "SUBDIVISION REGULATIONS" OF THE TOWN'S CODE OF ORDINANCES. (ADM-07-028) Ms. Gregory Addressed the Commission and briefly described the proposed revisions. With the submission of the Preliminary Plat for Neighborhoods 3&4 of The Highlands at Trophy Club, Hillwood has requested early grading permits. Currently the Town does not allow early grading prior to the execution of the Developer’s Agreement. Any grading done prior to the approval of the Final Plat and the execution of the Developer’s Agreement would be done at the developer’s risk. A grading plan must be submitted, evaluated and released by the Town engineer. Under no circumstances would the applicant be able to conduct any activities within the floodplain. Commissioner Ashby stated he was not comfortable with the proposed changes. The Commission discussed the changes further. Mr. Hunstable addressed the Commission. A motion was made to recommend approval to the Town Council with the following changes, 1) all site drainage be reviewed prior to the release for commencement of dirt work, 2) Town staff to research land designations for DCAD, and 3) all appropriate fees must be paid in advance. Motion: Sheridan Second: Moss Ayes: Stephens, Moss, Reed, Sheridan Nays: Ashby Action: Approved, 4-1 Motion carried. D.1 ADJOURNMENT. Vice Chairman Stephens adjourned the meeting at 7:45 pm.