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Minutes P&Z 12/07/1993 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARIi-11G/TQWN COUNCIL MEETING TOWN OF rj"RC?HY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a joint public hearing with the Planning and zoning commission on Tuesday, December 7, 1993. The meeting was held within the boundaries of the Town and was open to the Public. Jim Carter Gene Hill Doug Glaspell Cotton Moore Patti Stoltz Marshall Engelbeck Town staff members present: Dan Boutwell John Hill Donna Welsh Jack Jacobs Don Franklin Pauline Shaw Ann zadeh Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Planner Town Attorney Town Manager Town Treasurer Chief of Police Recording Secretary Planning Resources Group Planning & Zoning Commissioners in attendance: Mike Hamper Don Cotton Tom Mayfield Bob Paige David Schaaf Roger Williams Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Planning & Zoning Commissioners absent: Vance Booker Commissioner CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present. INVOCATION AND PLEDGE OF ALLEGIA14CE TO THE AMERICAN AND TEXAS FLAGS An Invocation and pledge of allegiance to the American and Texas Flags was given by Mr. John Carter, Chairman of the Town's Finance Committee. Page 2, Joint Public Hearing/Town Council Mtg., 12/7/93 SPECIAL PRESENTATIONS. Mayor Carter requested Chairman Hamper introduce the two new Planning and Zoning Commissioners, Tom Mayfield and Don Cotton. Mayor Carter then welcomed the new members. Council Member Cotton Moore was recognized by Mayor Carter for his achievements in Emergency Management. Next, Mayor Carter recognized Mr. Jack Jacobs, Town Treasurer, who has volunteered as Treasurer for the Town of Trophy Club since its inception. ,iR. JIM B'JXTON, C.P.A., TO PRESENT THE AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1993. Mr. Buxton, presented the audit for fiscal 1992-93, noting the Town has three hundred twelve thousand dollars in certificates of deposit as of September 30, 1993. He further stated the Town is 1/3 of the way to having a one years operating reserve and he was pleased with the audit. Mr. Buxton, then described "Texpool" for the Council. He stated it operates like a savings account; but pays a higher interest rate then "CD's". The lowest "Texpool" interest rate for the year was 1/2o higher than the highest rate the Town earned in "CD's." TOWN COUNCIL TO CONSIDER APPROVING THE AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1993, AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hill made a motion to accept the audit for fiscal year ending September 30, 1993. Council Member Engelbeck seconded; motion passed unanimously. PUBLIC HEARING TROPHY CLUB TOWN COUNCIL TO CONDUCT A JOINT PUBLIC HEARING WITH THE PLA1414ING AND ZONING COMMISSION TO CONSIDER THE FOLLOWING: A. REZONING OF A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: LOT 576, TROPHY CLUB SECTION 8, A SUBDIVISION LOCATED WITHIN THE TOWN OF TROPHY CLUB, TEXAS, AS RECORDED IN VOLUME 15, PAGE 12, OF THE PLAT RECORDS, DENTON COUNTY, TEXAS BY GRANTING ON THE SAID TRACT,, CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL, A CONDITIONAL USE PERMIT FOR A FAMILY HOME, Page 13, Joint Public Hearing/Town Council Mtg. , 12/7/93 IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 91-01, PROVIDING AN EFFECTIVE DATE. B. CARL AND DEBRA PEARSON'S REQUEST FOR A CONDITIONAL USE PERMIT FOR A FAMILY HOME IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE 91-01. Mayor Carter explained the Public Hearing procedures then turned the meeting over to Chairman Hamper. Mayor Pro Tem Hill made a motion to approve the resolution calling a joint public hearing regarding amending ordinance 91-01 of the Town, the same being the Comprehensive Zoning Ordinance, by changing the zoning on a certain tract of land generally described as lot 576, Trophy Club, Section 8, 7 Crooked creek Court, if granted would provide a conditional use permit for the operation of a Family Home as defined in the Comprehensive Zoning ordinance. Council Member Moore seconded; motion passed unanimously. Chairman Hamper opened the Planning and Zoning Commissions meeting noting a quorum was present. He then excused Commissioner Tom Mayfield from the discussion and voting due to Commissioner Mayfield owning a Day Care Center. Commissioner Williams made a motion to open the Public Hearing for the Planning and Zoning Commission. Commissioner Schaaf seconded; motion passed with Commissioner Mayfield abstaining. Mayor Pro Tem Hill made a motion to open the Public Hearing for the Town Council. Council Member Glaspell seconded; motion passed unanimously. Mayor Carter then called on Ms. Ann Zadeh of the Planning Resources Group to provide information on the review of the application. A review of the conditions, screening, parking and playground equipment were addressed. Ms. Zadeh presented a letter from Mr. Dan Boutwell which recommended the Conditional Use Permit be granted. Next, Mrs. Debbie Pearson addressed the meeting. She stated she keeps 6 children (2 age 12, 2 age 3 and 1 age 4) full time from 6:15 a.m. until 6:00 p.m. Mrs. Pearson has three children of her own which are grown. She requires an enrollment form from the parents, liability insurance has to be provided for by the parents, and the children play outside in good weather in the front and rear yard. Chairman Hamper noted 500 of the fence in the rear yard is in need of repair; applicant does not own property; applicant Page 4, Joint Public Hearing/Town Council Mtg., 12/7/93 was not aware of who was responsible for the fence repair; a den in the downstairs was converted for a playroom with table and chairs. Mrs. Pearson is registered by the State of Texas. The State in spects her home every 2 years unannounced. Her home has beer, inspected once by the State. Mr. Carl Pearson of 7 Crooked Creek Court stated he will repair the fence. Mrs. Judith Turner, owner of the property in question, lives in Roanoke and she supports the granting of the Conditional Use Permit. Mr. Tim Turner, owner of the property in question, supports granting a Conditional Use Permit. Mr. Donald J. Plowman of 11 Crooked Creek Court is against the granting of the Conditional use Permit, stating a decline in property values, having a business in a residential neighborhood, increase in traffic and he is a 9 year resident. Cathy Walsh of 4 Wentworth Court (owns 8 Crooked Creek) is against the Conditional use due to allowing the children to play in the front yard for safety reasons, decline in her property value, and has had flooding to front door of 8 Crooked Creek. Mrs. Carol Plowman of 11 Crooked Creek Court is against Conditional Use for Family Home because she wants the area to stay residential. Mr. Daniel J. Gabriel of 1 Crooked Creek Court does not want business in a residential area. Mr. Ralph Grider of 4212 Pebble Beach is against the Conditional Use. Mr. David Runneberg of 105 Creek Courts Drive wanted to know is rezoning was the proper way to handle this situation. Mr. David M. Nolte of 1226 Oakmont Drive is against business in residential area. Mrs. Tracy Kunkel of 6 Muirfield Court is against having commercial use in residential area. Mr. Gary Gindt of 5 Spring Creek Court does not want commercial use in residential district. Page 5, Joint Public Hearing/Town Council Mtg., 112/7/93 Mr. Harvey Layman of 8 Muirfield Court is for this particular Conditional Use Permit. Mr. Bill Walsh of 4 Wentworth Court, owner of 8 Crooked Creek Court, is against the Conditional Use. Ms. Abby Pollick of 2 Crooked Creek Court is for use because she doesn't want Pearsons to lose their house. Mrs. Robin Ginter of 10 Crooked Creek Court is for the use. Her child is kept by the Pearsons. Mrs. Debi Pollack of .2' Crooked Creek Court is for the use. Her children are kept by the Pearsons. Mrs. Dava Disney of 18 Monterey Drive is for the Conditional Use and disputes the traffic concern. she keeps 5 children in her home. Mrs. Caralynn Telford of 233 Shields Drive is for Home Day Care. Mrs. Candace Alexander of 536 Livingston Drive, Hurst, runs a Day Care in Hurst and is for use. She was representing Mindy Dague and Beatriz Orman of child care Company. Mrs. Saundra Barnes of 204 Vine, Keller, wants the ordinance changed and is opposed to regulating any Home Day Care. Mayor Carter asked Town Attorney, John Hill to address Conditional use. Mr. Hill stated the ordinance was adopted August, 1993, and the property was zoned residential. A Conditional Use Permit is an overlay to the present zoning. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN Chairman Hamper called for a motion to close the Public Hearing. Commissioner Cotton made a motion to close the Public Hearing. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to close the Public Hearing. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE 91-01 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND Page 6, Joint Public Hearing/Town Council Mtg., 12/7/93 GENERALLY DESCRIBED AS FOLLOWS: BEING LOT 576, TROPHY CLUB, SECTION 8, AS A SUBDIVISION LOCATED WITHIN THE TOWN OF TROPHY CLUB TEXAS, AS RECORDED IN VOLUME 15, PAGE 12, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE GENERALLY DESCRIBED AS 7 CROOKED CREEK COURT, TROPHY CLUB, TEXAS, BY GRANTING ON THE SAID REAL PROPERTY (ZONED R-12 SINGLE FAMILY RESIDENTIAL) A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FAMILY HOME AS DEFINED IN THE COMPREHENSIVE ZONING ORDINANCE. Chairman Hamper noted the negative newspaper articles and negative comments made by citizens against the Planning and Zoning Commission. He stated that beginning October 1991, the Planning and Zoning Commission started the process of updating the Master Plan and all meetings were public and all legal notices were posted. In June 1992, the Master Plan was completed, then the Zoning Ordinance update began and was completed in August 1993. Chairman Hamper stated the Planning and Zoning Commission is not stupid, uneducated, and uninformed as the article indicated. They are objective, provide quality to Trophy Club and each item is site specific with the regard to zoning. The following are a list of facts with regard to Conditional Use and Zoning: The Zoning stays with the land until it is rezoned. Time limit can be placed on Conditional Use if applicant agrees to time limit. Deed Restrictions prohibit a business use in Section 8. Zoning can change if use terminates or is discontinued. Commissioner Williams made a motion to recommend to the Town Council that the Council grant the Conditional Use Permit with the following conditions: 1. Sunset Clause be in effect 2. Fence repaired 3. Limit unrelated children to six 4. playground equipment be in fenced area in rear yard. 5. Gates to be self latching/self closing Commissioner Paige seconded; motion passed four to one and one abstention. Council Member Glaspell made a motion to accept the recommendation from Planning and Zoning with inclusion of six children only enrolled Monday through Friday. Motion Died for a lack of a second. Council Member Engelbeck made a motion to reject the recommendation of the Planning and Zoning Commission and Page 7, Joint Public Hearing/Town Council Ytg., 12/7/93 the request for a Conditional Use Permit. Council Member Moore seconded; motion passed 3 to 2 with Council Members Cngelbeck, Moore and Stoltz for and Council Members Glaspell and Hill against. Commissioner Cotton made a motion to adjourn the Planning and Zoning meeting. Commissioner Williams seconded; motion passed unanimously. CONSENT AGENDA The next order of business was for the Town Council to consider the consent agenda. Mayor Carter asked if there was any member of the Town council who wished to remove any item from the consent agenda for full discussion. There was no request to remove any item from the consent agenda. Mayor Pro Tem Hill made a motion to approve the Consent Agenda Items. Council Member Engelbeck seconded; motion passed unanimously. Approved items are as follows: A. Minutes of the November 16, 1993 Meeting. B. Town Council to consider approving the annual renewal of the interlocal agreement with TML Group Benefits Risk Pool, taking appropriate action, and authorizing the Mayor to sign the contract. C. Town Council to consider approving the Public Works Committee request of expending approximately $1,890.00 from the Trash Collection Budget for semi- monthly recycling, taking appropriate action, and providing an effective date. D. Town Council to consider a resolution of the Town of Trophy Club, Texas approving the entry by the Town into a participation agreement established by the Texas Treasury Safekeeping trust Company for the investment for Town's; funds in "Texpool", a public funds investment pool; providing an effective date. E. Town Council to consider approving a resolution of the Town of Trophy Club decrying the act of the Texas Municipal League in filing without notice to the Town an amicus curae brief opposing the position of the Town and other political subdivisions with regard to the application for permit for a solid waste landfill filed by Sentry Environmental, L.P.; directing that a copy of this resolution shall be delivered to each member of the Board of Directors and the Executive Director of the Texas Municipal League and to all other interested persons; providing an effective Page Page 8, Joint Public Hearing/Town Council Mtg., 12/7/93 date. TOWN COUNCIL TO CONSIDER GRANTING A SATELLITE DISH PERMIT TO MR. JACK H. OLSEN, 8 PALMETTO COURT, AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hill made a motion to grant a Satellite Dish Permit to Mr. Jack H. Olsen providing the southeast corner be screened at the time of installation and no antenna be placed on the outside of the home. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER GRANTING A VARIANCE TO ORDINANCE 92- 04 CONCERNING THE ELECTRICAL METER BOX PLACEMENT FROM AN OUTSIDE WALL TO INSIDE THE GARAGE TO MR. LARRY HOOVER, 1118 BERKSHIRE COURT, AND TAKE APPROPRIATE ACTION. Mr. Hoover withdrew his request. His meter had been installed on an outside wall. PRESENTATIONS BY CITIZENS Mr. Happy Daggett with Beck Properties, Inc. informed the Council of their closing on the land in bankruptcy on December 3, 1993 at Republic Title at 10:37 P.M. and deeds filed in Denton County. STAFF AND COMMITTEE REPORTS There were no staff or committee reports. PRESENTATIONS BY COUNCIL There were no presentations by Council. ADJOURN There being no further business, mayor Pro Tem Hill made a motion to adjourn the meeting at 10:55 P.M. and to meet again on January 18, 1994 in a Joint Public Hearing with the Planning and Zoning Commission. Council Member Glaspell seconded; mot -Lon passed unanimously. RECORDING SECRETARY OR CARTER PLANNING & Z NG CHAIRMAN