Minutes P&Z 08/18/1998 - Joint Public HearingMINUTES OF
JOINT PUBLIC HEARING/JOINT PUBLIC SESSION
PLANNING & ZONING COMMISSION/
TOWN COUNCIL
TOWN OF TROPHY CLUB
August 18, 1998
THE STATE OF TEXAS §
COUNTY OF DENTON §
The Planning and Zoning Commission met in a joint public hearing/joint public session with the Town
Council on Tuesday, August 18, 1998. The meeting was held within the boundaries of the Town and was
open to the public.
COMMISSIONERS PRESENT:
Mike Hamper
Chairman
Clayton Reed
Commissioner
Don Cotton
Commissioner
Rick Gilliland
Commissioner
Roger Williams
Commissioner
COMMISSIONERS ABSENT:
Gene Hill Vice Chairman
David Schaaf Commissioner
COUNCIL MEMBERS PRESENT:
Jim Carter
Mayor
Marshall Engelbeck
Mayor Pro rem
Ben Brewster
Council Member
Kevin Carr
Council Member
Susan H. McCabe
Council Member
Kay Pratt
Council Member
STAFF AND GUESTS PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Karen Sadri
Acting Recording Secretary
Cathy Morgas
P&Z Administrator
Bill LeGrand
Director of Public Works
Pam Liston
Acting Town Attorney
David Miller
Director of DPS
Roger Unger
Municipal Utility District Manager
Lou Opipare
Chief, TCFD
Barbara Allen
Court Clerk
John Harbin
VP, Beck Properties, Inc.
1. CALL TO ORDER AND ANNOUNCE A QUORUM:
A. TOWN COUNCIL: Mayor Carter called the meeting to order at 7:16 p.m. and
announced a quorum.
B. PLANNING & ZONING COMMISSION: Chairman Hamper called the meeting to
order at 7:16 p.m. and announced a quorum with Commissioner David Schaaf absent.
Page 2 P&Z/TC Joint Public Hearing August 18, 1998
2. TOWN COUNCIL TO CONVENE INTO A JOINT PUBLIC HEARING WITH
PLANNING AND ZONING COMMISSION.
Town Council convened into a joint public hearing with the Planning & Zoning Commission at
7:05 pm.
JOINT PUBLIC HEARING
3. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH
THE TOWN COUNCIL:
Commissioner Williams moved to open the Joint Public Hearing with the Town Council. Commissioner
Reed seconded; motion passed unanimously.
4. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION.
Mayor Pro Tem Engelbeck moved to open the joint public hearing with the Planning & Zoning Commission.
Council Member McCabe seconded; motion passed unanimously.
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PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. A REPLAT OF A 9.8082 ACRE TRACT OF LAND KNOWN AS THE VILLAS OF
HOGAN'S GLEN, WHICH LIES JUST EAST OF TROPHY CLUB DRIVE AND
NORTH OF INDIAN CREEK DRIVE IN THE TOWN OF TROPHY CLUB.
Chairman Hamper explained to the Council that this replat would change the amount of lots in the subdivision
from 29 to 26. It would also allow side garages.
B. AMENDING ORDINANCE NO. 94-09 OF THE TOWN OF TROPHY CLUB, TEXAS,
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 DESCRIBED AS A 9.033 ACRE
TRACT OF LAND FROM ITS CURRENT ZONING OF PROFESSIONAL OFFICE
A 6.4871 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF R-12
SINGLE FAMILY RESIDENTIAL TO PD (PLANNED DEVELOPMENT) #19 FOR
SINGLE FAMILY RESIDENTIAL USES; 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) #19 ZONING DISTRICT FOR
THE SUBJECT PROPERTY; 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 A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
Chairman Hamper explained to the Council the reasons for changing the zoning on the two parcels of land.
Page 3 P&Z/TC Joint Public Hearing August 18,1998
6. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING
AND/OR CONTINUE TO A DATE CERTAIN:
Following an opportunity for public comment, Commissioner Reed moved to close the joint public hearing
with the Town Council. Commissioner Williams seconded; motion passed unanimously.
7. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN.
Mayor Pro Tem Engelbeck moved to close the joint public hearing with the planning & Zoning Commission.
Council Member Pratt seconded; motion passed unanimously.
8. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A
JOINT PUBLIC SESSION.
The Town Council and the Planning & Zoning Commission convened into a joint session.
JOINT PUBLIC SESSION
9. PLANNING & ZONING COMMISSION TO OPEN JOINT SESSION WITH THE TOWN
COUNCIL.
The Planning & Zoning Commission convened into a joint public session.
10. TOWN COUNCIL TO OPEN A JOINT SESSION WITH PLANNING & ZONING
COMMISSION
The Town Council convened into a joint public session.
11. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND TAKE
APPROPRIATE ACTION REGARDING:
A. A REPLAT OF A 9.8082 ACRE TRACT OF LAND KNOWN AS THE VILLAS OF
HOGAN'S GLEN, WHICH LIES JUST EAST OF TROPHY CLUB DRIVE AND
NORTH OF INDIAN CREEK DRIVE IN THE TOWN OF TROPHY CLUB.
Commissioner Williams moved to recommend to the Town Council to approve the replat of a 9.8082 -acre
tract of land known as the Villas of Hogan's Glen. Commissioner Cotton seconded; motion passed
unanimously.
Mayor Pro Tem Engelbeck moved for approval of the replat as stated. Council Member McCabe seconded;
motion passed unanimously.
B. AMENDING ORDINANCE NO. 94-09 OF THE TOWN OF TROPHY CLUB, TEXAS,
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 DESCRIBED AS A 9.033 ACRE
TRACT OF LAND FROM ITS CURRENT ZONING OF PROFESSIONAL OFFICE
A 6.4871 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF R-12
SINGLE FAMILY RESIDENTIAL TO PD (PLANNED DEVELOPMENT) #19 FOR
SINGLE FAMILY RESIDENTIAL USES; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE
Page 4 P&Z/TC Joint Public Hearing August 18, 1998
ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL
REFLECT THE PD ( PLANNED DEVELOPMENT) #19 ZONING DISTRICT FOR
THE SUBJECT PROPERTY; 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 A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
Commissioner Gilliland moved to recommend to the Town Council to approve the rezone of the two parcels
of land. Commissioner Cotton seconded; motion passed unanimously.
Mayor Pro Tern Engelbeck moved for approval of the rezoning as stated. Council Member Brewster
seconded; motion passed unanimously.
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING
SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS
RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF
USE OF SIGN; ESTABLISHING STANDARDS IN THE USE OF POLITICAL,
REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS;
PROVIDING A PROCEDURE FOR A MERITORIOUS EXCEPTION TO THIS
ORDINANCE; PROHIBITING THE ERECTION OF ANY SIGN NOT OTHERWISE
AUTHORIZED AND PROVIDING THAT SIGNS PERMANENTLY AFFIXED TO
THE GROUND ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL
CONSTITUTE VALID, NON -CONFORMING SIGNS; REGULATING GRAFFITI
BY REQUIRING THE OWNER OF ANY PROPERTY TO REMOVE THEREFROM
ANY GRAFFITI THAT IS VISIBLE TO THE PUBLIC; PROVIDING THAT
NOTICE SHALL BE GIVEN PRIOR TO REQUIRING THE REMOVAL OF
GRAFFITI; REQUIRING NOTICE TO GOVERNMENTAL ENTITIES ON WHOSE
PROPERTY GRAFFITI EXISTS; PROVIDING EXCEPTIONS AND DEFENSES;
PROVIDING DEFINITIONS; PROVIDING THAT IT SHALL BE ON OFFENSE
FOR THE PARENT OF A MINOR TO KNOWINGLY PERMIT, OR BY
INSUFFICIENT CONTROL TO ALLOW THE MINOR TO PLACE GRAFFITI ON
PROPERTY WITHOUT THE OWNERS' CONSENT; PROVIDING A SAVINGS
CLAUSE; REPEALING ORDINANCE NO. 97-26 RELATING TO SIGNS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF LESS
THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OF CONTINUES; PROVIDING AN EFFECTIVE DATE.
Chairman Hamper explained that the sign ordinance is being revised to insure the integrity and quality of
standards for commercial signs on highway 114. no pole signs will be permitted, however, monument signs
are necessary (only 50 square feet per premise and may be split and have two signs per premise but total size
must not exceed 50 square feet).
Commissioner Schaaf voiced his opposition to the changes especially in regard to monument and wall signs.
In the past "control" over signs to keep the "look" residential with unlimited size you lack control.
Commissioners Reed, Williams and Cotton voiced need for change to attract development.
Cathy Morgas, Planning & Zoning Administrator, introduced a two step process for appeals for clarification.
1. Before P&Z to consider variance
Page 5 P&Z/TC Joint Public Hearing August 18,1998
2. P&Z recommends approval or denial to Council
3. Council final decision.
No residents spoke.
Mayor Pro Tem moved for approval of the ordinance as read with the revision to the appeal process in
Section 12 C and rezoning as stated. Council Member McCabe seconded; motion passed unanimously.
12. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH
THE TOWN COUNCIL:
Commissioner Williams moved to adjourn the joint public session with the Town Council at 8:00 p.m.
Commissioner Reed seconded; motion passed unanimously.
13. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND
ZONING COMMISSION.
Council Member McCabe moved to close the joint public session with the Planning & Zoning Commission at
8:00 pm. Council Member Brewster seconded; motion passed unanimously.
Mike Hamper, Chairperson
E
Cathy Morias
P & Z Administrator
10/06/98 klm