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Minutes TC 12/01/2003MINUTES OF TOWN COUNCIL PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 1, 2003 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS REGULAR SESSION — 7:00 P.M. STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 1, 2003. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Beverly Foley Susan Edstrom Bill Matthai Roger Williams Scott Spence STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Patricia Adams Randy Briggs Beth Ann Gregory Gene Hill Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Town Attorney Community Development Manager I/Systems Manager P & Z Chairman 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:01 p.m. noting a quorum was present. 2. INVOCATION. Randy Briggs gave the invocation. 3. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Roger Unger led the pledges. 4. TOWN COUNCIL DISCUSSION AND PRESENTATION: RECOGNITION OF JOHN CARTER FOR YEARS OF SERVICE TO THE TOWN OF TROPHY CLUB. Mayor Smith presented a plaque of recognition to Mr. Carter for 17 years of volunteer service to the Town of Trophy Club. Council and staff expressed appreciation to Mr. Carter for his dedication and many contributions to the Town. Page 2 Regular Session December 1, 2003 5. CITIZEN PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA. THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON OR DISCUSS ANY PRESENTATIONS MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. Constable John Hatzenbuhler of 180 N. Woodland, Double Oak addressed the Council. 6. COUNCIL/STAFF REPORTS: THIS IS AN OPPORTUNITY FOR COUNCIL AND STAFF TO PROVIDE BRIEF UPDATES ON PROJECTS AND TO PROVIDE PUBLIC SERVICE ANNOUNCEMENTS. IT IS NOT A TIME FOR THE EXPRESSION OF OPINIONS, QUESTIONS AND ANSWERS, OR DISCUSSION AMONG STAFF AND COUNCIL. DISCUSSION IS LIMITED TO WHETHER COUNCIL DESIRES TO HAVE A TOPIC PLACED ON A FUTURE AGENDA FOR FUTURE CONSIDERATION. Council and Staff updated the Council and residents. 7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION PURSUANT TO THE TEXAS ALCOHOLIC BEVERAGE CODE TO BE HELD ON FEBRUARY 7, 2004, SPECIFICALLY, A FOCAL OPTION ELECTION FOR THE PURPOSE OF LEGALIZING THE SALE OF ALCOHOLIC BEVERAGES AS SET OUT IN THE ISSUE RECITED IN THE APPLICATION AND PETITION RECEIVED BY THE TOWN OF TROPHY CLUB, TEXAS; TO WIT, (1) APPLICATION FOR LOCAL OPTION FLECTION TO LEGALIZE THE SALE OF BEER AND WINE FOR OFF -PREMISE CONSUMPTION ONLY AND (2) APPLICATION FOR LOCAL OPTION ELECTION TO LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Margi Cantrell introduced this Ordinance calling a Local Option Election to be held on February 7, 2004. Council Member Edstroin moved to approve. Council Member Spence seconded; motion carried unanimously. 8. TOWN COUNCIL TO HEAR AN UPDATE FROM ,TIM CARTER ON DENTON COUNTY ISSUES AND DISCUSS SAME. Commissioner Carter updated the Council regarding the Denton/Tarrant County border dispute and funding of road improvements in Denton County. 9. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Town Council convened into Public Hearing at 7:52 p.m. Page 3 Regular Session December 1, 2003 PUBLIC HEARING 1.0. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING 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 47, ENTITLED "LANDSCAPING REGULATIONS" OF ARTICLE 7, TO ADD SUBSECTION I, TO BE ENTITLED "RELIEF FROM LANDSCAPING REQUIREMENTS" AND TO PROVIDE PROVISIONS THEREOF; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Gene Hill explained that several weeks ago the Planning and Zoning Commission and the Town Council found it necessary to consider a waiver of landscaping requirements for Lakeview Elementary School. This was due to a lack of a provision in the Comprehensive Zoning Ordinance to allow any relief from the current landscaping standards in specific instances where adhering to the standards would be impractical or impossible. 11. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-09 P&Z ESTABLISHING PD PLANNED DEVELOPMENT NO. 22 FOR SINGLE FAMILY RESIDENTIAL, BY AMENDING ORDINANCE NO. 2000-09 P&Z TO REDEFINE THE BOUNDARIES OF PD PLANNED DEVELOPMENT NO. 22 BY REMOVING AN APPROXIMATE 10.897 ACRE TRACT OF LAND FROM PD PLANNED DEVELOPMENT NO. 22, SUCH 10.897 ACRE TRACT BEING LOCATED NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; BY LEAVING THE REMAINING 64.04 ACRE TRACT OF LAND ORIGINALLY REZONED THROUGH THE ENACTMENT OF ORDINANCE NO. 2000-09 P&Z AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, WITHIN PD PLANNED DEVELOPMENT NO. 22, WATERS EDGE AT HOGAN'S GLEN; BY AMENDING THE ZONING MAP TO REFLECT THE PD PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT FOR THE 64.04 ACRE TRACT OF LAND FOR SINGLE FAMILY RESIDENTIAL; PROVIDING THAT ALL OTHER TERMS AND REQUIREMENTS OF PD PLANNED DEVELOPMENT NO. 22 CONTAINED WITHIN ORDINANCE NO. 2000-09 P&Z SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE APPLICABLE TO THE 64.04 ACRE TRACT OF LAND ZONED PD PLANNED DEVELOPMENT NO. 22 AND REMAINING WITHIN PD PLANNED DEVELOPMENT NO. 22; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH ALL OTHER REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN NOT IN CONFLICT WITH THIS ORDINANCE OR ORDINANCE NO. 2000-09 P&Z; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A PUBLICATION CLAUSE; Page 4 Regular Session December 1, 2003 PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Beck Properties has requested these zoning changes to resolve some problems with the development of Hogan's Glen, a gated subdivision of the Town. When the developer dedicated right-of-way for a 'future "loop road", the connection of Indian Creek Drive to Trophy Club Drive in the northern sector of the Town, a 10.897 acre tract in Hogan's Glen was isolated 'from other property in PD No. 22. The developer foresees problems with development of the 10 acre tract as a part of the gated subdivision, and requests appropriate zoning changes for the two tracts now separated by the "loop road" right-of-way. This Ordinance proposes amending Ordinance No. 2009-09 P&Z, Waters Edge at Hogan's Glen, to redefine its boundaries by detaching a 10.897 acre tract from within PD No. 22 and leaving the remaining 64.04 acres within the PD No. 22 zoning district. All terms and requirements of PD No. 22 contained within Ordinance No. 2000-09 P&Z shall remain in full force and effect and shall be applicable to the 64.04 acre tract of land. The Planning and Zoning Commission unanimously recommends adoption of this item. Dana Gillock of Beck Properties was available to respond to questions. 12. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING 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, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 10.897 ACRE TRACT OF LAND, ALL LOCATED NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS ZONING DESIGNATION OF PD PLANNED DEVELOPMENT NO. 22 TO "R-12" RESIDENTIAL; 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 R-12 RESIDENTIAL ZONING FOR SUCH 10.897 ACRE TRACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; 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. This Ordinance proposes rezoning of the 10.897 acre tract of land previously discussed and amended on the Zoning Map to reflect a rezoning of the tract to R-12 Residential. Adoption of the R-12 zoning would be a reversion to the zoning in place on this tract prior to creation of PD No. 22, Waters Edge at Hogan's Glen. The R-12 zoning provides housing density of about 3 to 3.5 residences per acre, and R- 12 is the present zoning on most of the underdeveloped land within the Town. The Planning and Zoning Commission unanimously recommends adoption of this item. 13. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING 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 2, SECTION 10, "GENERAL DEFINITIONS" TO ADD A DEFINITION FOR HOSPITAL, AND BY AMENDING ARTICLE 2, SECTION 13, "USE TABLE", SUBSECTION "E" "PROFESSIONAL" TO INCLUDE A HOSPITAL USE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A Page 5 Regular Session December 1., 2003 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. Gene Hill explained that both agenda items 13 and 14 will be explained together. Earlier this year, town officials, staff and P&Z were approached by Leland Medical Centers and their representatives concerning the possibility of developing a hospital on a 5.6 acre tract of land near the water tower at the east border of Town. It was determined that such development would be appropriate use of land currently zoned CG -Commercial General, and that the best procedure for development would be under a Planned Development ordinance. Agenda item 13 pertains to amending the 1st Table of the Comprehensive Zoning Ordinance to include a Hospital use. The CZO Use Table defines permitted and prohibited uses for land within the Town. If not specifically prohibited in the table, the omission of a use from the table constitutes prohibition of such use. P&Z unanimously recommends amendment of the Use Table to include a Hospital use. 14. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING 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, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 5.601 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF TW KING ROAD, AND SOUTH OF HANNA COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF "CG", COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 26, TROPHY CLUB PHYSICIAN'S HOSPITAL; 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 NO. 26 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING A CIVIL SITE PLAN; PROVIDING FOR A PHOTOMETRIC PLAN AND LIGHT FIXTURES; ESTABLISHING SIGNAGE CRITERIA; ESTABLISHING RETAINING WALL PROVISIONS; SETTING FORTH A DEVELOPMENT SCHEDULE; PROVIDING A FACILITY OVERVIEW; 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. Page 6 Regular Session December 1, 2003 This ordinance proposes further amendment of the Comprehensive Zoning Ordinance and the Zoning Map of the Town to create Planned Development No. 26 — Trophy Club Physician's Hospital. The Planning and Zoning Commission unanimously recommends amendment of the Comprehensive Zoning Ordinance and the Zoning Map of the Town to create PD no. 26 Trophy Club Physicians Hospital and incorporation of it's development plan. Dan D'Amico, Vice President of Development, Leland Medical Centers and Rustin Becker, Project Director, Marshall Erdman & Associates, shared renderings and diagrams of the project including the landscaping with the Council, staff and audience. Greg George of 12 Hanna Court addressed the Council. 15. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE ESTABLISHMENT OF A STORMWATER DRAINAGE UTILITY FEE TO CONSTRUCT, OPERATE, AND MAINTAIN A STORMWATER DRAINAGE UTILITY SYSTEM; PROVIDING FOR THE INCORPORATION OF PREMISES; SETTING FORTH DEFINITIONS; PROVIDING FINDINGS AND DETERMINATIONS; PROVIDING FOR THE ESTABLISHMENT OF A STORM WATER DRAINAGE UTILITY FEE SCHEDULE; PROVIDING FOR BILLING, PAYMENTS AND PENALTIES; SETTING FORTH PROVISIONS FOR THE ADJUSTMENT OF FEES; ESTABLISHING PROVISIONS FOR A STORMWATER DRAINAGE UTILITY FUND; PROVIDING AN EXEMPTION CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Randy Briggs explained that this is the final hearing for this Ordinance. 16. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Town Council reconvened into regular session at 8:45 p.m. REGULAR SESSION 17. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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 47, ENTITLED "LANDSCAPING REGULATIONS" OF ARTICLE 7, TO ADD SUBSECTION I, TO BE ENTITLED "RELIEF FROM LANDSCAPING REQUIREMENTS" AND PROVIDE PROVISIONS THEREOF; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Page 7 Regular Session December 1, 2003 Council Member Williams moved to approve. Council Member Matthai seconded; motion carried unanimously. 18. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-09 P&Z ESTABLISHING PD PLANNED DEVELOPMENT NO. 22 FOR SINGLE FAMILY RESIDENTIAL, BY AMENDING ORDINANCE NO. 2000-09 P&Z TO REDEFINE THE BOUNDARIES OF PD PLANNED DEVELOPMENT NO. 22 BY REMOVING AN APPROXIMATE 1.0.897 ACRE TRACT OF LAND FROM PD PLANNED DEVELOPMENT NO. 22, SUCH 1.0.897 ACRE TRACT BEING LOCATED NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; BY LEAVING THE REMAINING 64.04 ACRE TRACT OF LAND ORIGINALLY REZONED THROUGH THE ENACTMENT OF ORDINANCE NO. 2000-09 P&Z AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, WITHIN PD PLANNED DEVELOPMENT NO. 22, WATERS EDGE AT HOGAN'S GLEN; BY AMENDING THE ZONING MAP TO REFLECT THE PD PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT FOR THE 64.04 ACRE TRACT OF LAND FOR SINGLE FAMILY RESIDENTIAL; PROVIDING THAT ALL OTHER TERMS AND REQUIREMENTS OF PD PLANNED DEVELOPMENT NO. 22 CONTAINED WITHIN ORDINANCE NO. 2000-09 P&Z SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE APPLICABLE TO THE 64.04 ACRE TRACT OF LAND ZONED PD PLANNED DEVELOPMENT NO. 22 AND REMAINING WITHIN PD PLANNED DEVELOPMENT NO. 22; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH ALL OTHER REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN NOT IN CONFLICT WITH THIS ORDINANCE OR ORDINANCE NO. 2000-09 P&Z; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Foley moved to approve. Council Member Williams seconded; motion carried unanimously. 19. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 10.897 ACRE TRACT OF LAND, ALL LOCATED NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF WINCH IS ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS ZONING DESIGNATION OF PD PLANNED DEVELOPMENT NO. 22 TO "R-12" RESIDENTIAL; 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 R-12 RESIDENTIAL ZONING FOR SUCH 10.897 ACRE TRACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; Page 8 Regular Session December 1, 2003 PROVIDING FOR SAVINGS; 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. Council Member Edstrom moved to approve. Council Member Spence seconded; motion carried unanimously. 20. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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 2, SECTION 1.0, "GENERAL DEFINITIONS" TO ADD A DEFINITION FOR HOSPITAL, AND BY AMENDING ARTICLE 2, SECTION 13, "USE TABLE", SUBSECTION "E" "PROFESSIONAL" TO INCLUDE A HOSPITAL USE; PROVIDING FOR THE INCORPORATION OF PREMISES; 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. Council Member Williams moved to approve. Council Member Matthai seconded; motion carried unanimously. 21. TOWN COUNCIL DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 5.601 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF TW KING ROAD, AND SOUTH OF HANNA COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF "CG", COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 26, TROPHY CLUB PHYSICIAN'S HOSPITAL; 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 NO. 26 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING A CIVIL SITE PLAN; PROVIDING FOR A PHOTOMETRIC PLAN AND LIGHT FIXTURES; ESTABLISHING SIGNAGE CRITERIA; ESTABLISHING RETAINING WALL PROVISIONS; SETTING FORTH A DEVELOPMENT SCHEDULE; PROVIDING A FACILITY OVERVIEW; 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 Page 9 Regular Session December 1, 2003 DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve with a correction to page 3, paragraph 1, to change 6.601 to 5.601 and note that the developer agrees to work with the Council regarding sound issues. Council Member Matthai seconded. Motion carried unanimously. 22. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE ESTABLISHMENT OF A STORMWATER DRAINAGE UTILITY FEE TO CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER DRAINAGE UTILITY SYSTEM; PROVIDING FOR THE INCORPORATION OF PREMISES; SETTING FORTH DEFINITIONS; PROVIDING FINDINGS AND DETERMINATIONS; PROVIDING FOR THE ESTABLISHMENT OF A STORM WATER DRAINAGE UTILITY FEE SCHEDULE; PROVIDING FOR BILLING, PAYMENTS AND PENALTIES; SETTING FORTH PROVISIONS FOR THE ADJUSTMENT OF FEES; ESTABLISHING PROVISIONS FOR A STORMWATER DRAINAGE UTILITY FUND; PROVIDING AN EXEMPTION CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously. 23. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING METHOD TO FILL VACANCIES ON ECONOMIC DEVELOPMENT CORPORATION 4A. Roger Unger explained that in the past EDC—A and Ways and Means were a joint appointment. Staff recommends that a separate appointment be made for appointing EDC A and the Ways and Means Advisory Group. There was a general consensus that the application would be separate for EDC A and the Ways and Means Advisory Group. 24. CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AGREEMENT FOR THE TRANSFER OF WATER AND SANITARY SEWER FACILITIES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I TO THE TOWN OF TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AGREEMENT FOR THE TRANSFER OF WATER AND SANITARY SEWER FACILITIES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO THE TOWN OF TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. Page 10 Regular Session December 1, 2003 C. REGULAR SESSION MINUTES DATED NOVEMBER 17, 2003. Patricia Adams asked to table items A and B regarding transfers from Muds I and 2. Council Member Edstrom moved to approve minutes dated November 17, 2003. Mayor Pro Tern Foley seconded. Motion passed 4-0-1 with Council Member Spence abstaining. 25. ADJOURN. Mayor Pro Tem Foley moved to adjourn at 8:58 p.m. Council Member Williams seconded. Motion carried unanimously. THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEX 0 N MEETI LGC 551.071. Mayor, T =Vz�trophy Club, Texas ATTEST: —4retar own of Trophy Club, Texas Towii Secretar