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Minutes TC 08/03/1993 - Joint SessionMINUTES OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION/TOWN COUNCIL MEETING TROPHY CLUB, TEXAS AUGUST 3, 1993 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Session with the Planning and Zoning Commission, August 3, 1993. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Mayor Pro Tem Cotton Moore Council Member Patti Stoltz Council Member Planning and Zoning Commission Members Present: Vance Booker Vice -Chairman Janet Kardish Commissioner Charles Kirby Commissioner David Schaaf Commissioner Roger Williams Commissioner Chairman Hamper and Bob Paige were not able to attend. Also present were guests and staff members: Steve Houser Trophy Joint Venture Rick Horn Carter Burgess Inc. Donna Welsh Town Manager John Hill Town Attorney Dan Boutwell Town Planner Pauline Shaw Director of Public Works Stan Walker Corps. of Engineers Presley Hatcher Corps of Engineers Karen Sadri Town Secretary Mayor Carter called the meeting to order at 7:03 p.m. noting a quorum was present. He then welcomed Council Members, guests and staff. Co -Chairman Booker of the Planning and Zoning Commission Page 2, Council Meeting, 08/03/93 called that meeting to order at 7:04 p.m. noting a quorum was present. INVOCATION An Invocation was given by Council Member Cotton Moore. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Council Member Doug Glaspell. Mayor Carter requested permission to allow the guests from the Corps of Engineers to give their presentation first. it regarded information on the wetlands area which Trophy Club citizens have voiced concerns about future maintenance and child safety. Stan Walker confirmed that the Clean Water Act declares the ten acres in Village West a wetlands under the jurisdiction of the Corps of Engineers for the purpose of water quality and wildlife habitat control. Because the Corps prefers the wetlands be left as naturally as possible, little to no maintenance is required. If that or safety issues arise, he recommended obtaining grants and detailed information from the Texas Department of Parks and Wildlife. Co -Chairman Vance Booker of the Planning and Zoning Commission asked if it could be filled in or stocked with fish. Commissioner Janet Kardish asked about mosquito and bottom weed control and an assessment of all Trophy Club for other wetland areas. Citizen David Schell of 30 Salida Drive inquired about recreational use such as boating. Both representatives from the Corps informed us that any changes as those suggested would require permits and approval on a case by case basis. The Corps is a regulatory body who coordinates with the Texas Fish and Wildlife Department as well as the E.P.A. PLANNING AND ZONING/TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE REZONING A CERTAIN TRACT OF LAND CONTAINING APPROXIMATELY 198.01 ACRES OF LAND OUT OF THE J. EADS SURVEY, ABSTRACT NO. 392, THE J. HENRY SURVEY, ABSTRACT NO. 529, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, WHICH LAND IS GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH, FROM R-12 SINGLE FAMILY RESIDENTIAL TO Page 3, Council Meeting, 08/03/93 PD PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY DETACHED RESIDENTIAL USE AND INCIDENTAL AND ACCESSORY USES THERETO, IN ACCORDANCE WITH NO. 91-01 OF THE TOWN, AND TAKE APPROPRIATE ACTION. After a discussion period Commissioner Schaaf made a motion to deny the proposed Planned Development Application. Commissioner Kardish seconded. Motion failed two to three with Commissioners Schaaf and Kardish for and Co -Chairman Booker and Commissioners Kirby and Williams against. Commissioner Williams made a motion to approve the application for a Planned Development as presented. Commissioner Kirby seconded. Motion passed three to two with Co -Chairman Booker and Commissioners Williams and Kirby for and Commissioners Schaaf and Kardish against. There being no further business, Commissioner Schaaf made a motion to adjourn the Planning and Zoning meeting. Commissioner Williams seconded. Motion carried unanimously. After a discussion period regarding perimeter fencing on the back of lots to be masonry posts with wooden panels, Council Member Engelbeck moved to deny the petition by Trophy Joint Venture as recommended by the Planning and Zoning Commission. Motion failed for lack of second. Council Member Glaspell made a motion to accept the Planning and Zoning Commissioners recommendation as proposed by the applicant. Mayor Pro Tem Hill seconded. Council Member Moore made a motion to amend Council Member Glaspell's motion to include masonry posts with wooden panels for backyard perimeters and increase 12,000 sq. ft. lots from 500-. to 6001. Council Member Stoltz seconded. Another discussion ensued considering the distribution of the increased 10?6 of 12000 sq. ft. lots. Mayor Carter then called for a vote on the motion requiring the developer to include masonry posts with wooden panels for backyard perimeters and increase 12,000 sq. ft. lots to 600 The motion passed 3 to 2 with Council Members Engelbeck, Stoltz and Moore for and Mayor Pro Tem Hill and Council Member Glaspell against. Council Member Glaspell then made a motion to distribute the 10% increase in the number of 12,000 sq. ft. lots, equally from areas A and B. Motion failed for lack of second. Mayor Carter then called for a vote to approve the original Page 4, Council Meeting, 08/03/93 Planning and Zoning recommendation as amended by the Town Council. Motion passed unanimously. Mayor Pro Tem Hill made a motion to adjourn the meeting at 9:13 p.m. Council Member Stoltz seconded. Motion passed unanimously. RECORDING SECRETARY PLANNING AND ZONING SECRETARY 'V , - - - - - - - - - - - - - - - - - - - - - - PLANNING AND ZONING CHAIRMAN