Minutes P&Z 03/21/1995 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/TOWN COUNCIL MEETING
TROPHY CLUB, TEXAS
MARCH 21, 1995
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, March 21, 1995. 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
Council Member Stoltz was unable to attend.
Planning and Zoning Commission Members Present:
Mike Hamper
Vance Booker
Don Cotton
Tom Mayfield
Bob Paige
Chairman
Co -Chairman
Commissioner
Commissioner
Commissioner
Commissioners Williams and Schaaf were unable to attend.
Also present were guests and staff members:
Donna Welsh
Town Manager
John Hill
Town Attorney
David Miller
Interim Chief of Police
Pauline Shaw
Planning & Zoning Administrator
Bill LeGrand
Director of Public Works
Karen Sadri
Town Secretary
Ann Zadeh
Representative for Planning
Resources Group
Staff members arriving late were John Hill and David Miller.
Town Treasurer, Jack Jacobs, was unable to attend.
CALL TO ORDER
Mayor Carter called the meeting to order at 7:00 p.m. noting
a quorum was present. He then welcomed Council Members,
Commissioners, staff and guests.
Page 2, Joint Public Hearing/Town Council Meeting, 03/21/95
INVOCATION
An Invocation was given by Council Member 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 Engelbeck.
PUBLIC HEARING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING
AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY STEPS TO
CALL A JOINT PUBLIC HEARING OF THE TOWN PLANNING AND ZONING
COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING
THE REZONING OF A TRACT OF LAND FOR SINGLE FAMILY RESIDENTIAL
USE, THE SAID REZONING BEING AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-02, OF THE
TOWN, AND TO CONSIDER THE APPROVAL OF A SITE PLAN FOR CHURCH
USE; PROVIDING AN EFFECTIVE DATE.
At 7:03 p.m. Chairman Hamper opened the Planning and Zoning
meeting and noted a quorum was present. He then called for
a motion to open the joint public hearing. Commissioner
Cotton made a motion to open the joint public hearing as
outlined on the agenda for the Planning and Zoning
Commission. Commissioner Mayfield seconded; motion passed
unanimously.
Then Mayor Pro Tem Hill made a motion to call the same
meeting for the Town Council. Council Member Glaspell
seconded; motion passed unanimously.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE
PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 94-09 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 DESCRIBED AS 0.6103
ACRE TRACT OF LAND LYING ADJACENT AND CONTIGUOUS TO
LOT 1353, TROPHY CLUB SECTION 11 AND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN,
FROM ITS CURRENT ZONING OF CR -COMMERCIAL RECREATION
TO R-10 SINGLE FAMILY RESIDENTIAL DISTRICT; 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-10 SINGLE FAMILY DISTRICT FOR THE SUBJECT PROPERTY;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED ($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 A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
Page 3, Joint Public Hearing/Town Council Meeting, 03/21/95
B. A RE -PLAT OF LOT 1353 SECTION 11; TOWN OF TROPHY
CLUB, COUNTY OF DENTON, STATE OF TEXAS.
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING A SITE PLAN FOR CHURCH PURPOSES FOR THAT
PROPERTY ZONED R-12 SINGLE FAMILY DISTRICT AND
LOCATED GENERALLY ALONG THE WEST SIDE OF TROPHY CLUB
DRIVE BETWEEN STATE HIGHWAY 114 AND INDIAN CREEK
DRIVE AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED ($500.00) 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.
D. AN ORDINANCE AMENDING ORDINANCE NO. 91-03A, THE
TOWN'S SUBDIVISION REGULATIONS ORDINANCE, BY AMENDING
SECTION 6.14.1.S. RELATING TO STREET SIGNS BY
PROVIDING THAT STREET SIGNS PLACED IN SUBDIVISIONS
HEREAFTER SHALL BE OF THE SIZE, DIMENSION AND
CONSTRUCTION SPECIFIED IN THE ORDINANCE, WITH
DUPLICATES OF EACH SIGN TO BE PROVIDED TO THE TOWN BY
THE DEVELOPER.
Chairman Hamper requested Ms. Ann Zadeh explain the issues
involved in the public hearing.
Item A and B: Chairman Hamper then stated the Planning and
Zoning Commissioners had met with the applicant and addressed
their concerns.
Mr. Jerry Shedlock who owns lot 1354 expressed his concern
with the reduction of golf course frontage from the rear of
his lot. Mr. Denis Cheever, owner of lot 1353 noted his house
would in no way change the view of the golf course from lot
1354.
Item C: Chairman Hamper stated that due to the
incompleteness of the application from the Fellowship United
Methodist Church this item will be continued to a date
certain.
Item D: Chairman Hamper noted the Planning and Zoning
Commissioners had reviewed and discussed the signage for
Trophy Club at the Council's request. The Commissioners feel
the quality and quantity for signage has been obtained.
Chairman Hamper further explained that this signage is not to
promote real estate sales or to take the place of real estate
signs.
Resident Denis McCabe of 1136 Sunset Drive stated he did not
favor the signs because he felt all of the new areas of town
Page 4, Joint Public Hearing/Town Council Meeting, 03/21/95
would benefit; but not the older sections.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN.
There being no one else wishing to speak at the public
hearing, Commissioner Mayfield made a motion to close the
joint public hearing for items A,B,D and to continue the
public hearing on item C to April 18, 1995. Commissioner
Cotton seconded; motion passed unanimously.
Mayor Pro Tem Hill then made a motion to continue the Joint
Public Hearing regarding agenda item 0 to the same date and
close items A,B, and D. Council Member Moore seconded; motion
passed unanimously.
TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO
JOINT PUBLIC SESSION.
Commissioner Mayfield made a motion to reconvene into joint
session. Commissioner Cotton seconded; motion passed
unanimously.
Mayor Pro Tem Hill then made the motion for the Town Council
to reconvene into joint session. Council Member Glaspell
seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER ADOPTING AN ORDINANCE OF THE TOWN OF
TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 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 DESCRIBED AS 0.6103 ACRE
TRACT OF LAND LYING ADJACENT AND CONTIGUOUS TO LOT 1353,
TROPHY CLUB SECTION 11 AND AS DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT
ZONING OF CR -COMMERCIAL RECREATIONAL TO R-10 SINGLE FAMILY
RESIDENTIAL DISTRICT; 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-10 SINGLE FAMILY DISTRICT FOR THE SUBJECT
PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) 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 Paige made a motion to recommend that the Town
Council amend the Comprehensive Zoning Ordinance for a tract
of land zoned CR -Commercial Recreational to R-10 Single
Family district. Commissioner Cotton seconded; motion passed
unanimously.
Page 5, Joint Public Hearing/Town Council Meeting, 03/21/95
Mayor Pro Tem Hill then made a motion to accept the
recommendation from the Planning and Zoning Commission
regarding the rezoning. Council Member Engelbeck seconded;
motion passed unanimously.
TOWN COUNCIL TO CONSIDER A RE -PLAT OF LOT 1353 SECTION 11,
TOWN OF TROPHY CLUB, COUNTY OF DENTON, STATE OF TEXAS.
Commissioner Paige made a motion to recommend that the Town
Council approve the re -plat of lot 1353. Commissioner
Mayfield seconded; motion passed unanimously.
Mayor Pro Tem Hill then made a motion to accept the re -plat
recommendation. Council Member Glaspell seconded; motion
passed unanimously.
TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING A SITE PLAN FOR CHURCH PURPOSES FOR
THAT PROPERTY ZONED R-12 SINGLE FAMILY DISTRICT AND LOCATED
GENERALLY ALONG THE WEST SIDE OF TROPHY CLUB DRIVE BETWEEN
STATE HIGHWAY 114 AND INDIAN CREEK DRIVE AND AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OF ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
Per the Planning and Zoning Commissioners request, this
ordinance consideration is tabled until the April 18th
meeting.
TOWN COUNCIL TO CONSIDER AN ORDINANCE AMENDING ORDINANCE
NO. 91-03A, THE TOWN'S SUBDIVISION REGULATIONS ORDINANCE, BY
AMENDING SECTION 6.14.1.S. RELATING TO STREET SIGNS BY
PROVIDING THAT STREET SIGNS PLACED IN SUBDIVISIONS HEREAFTER
SHALL BE OF THE SIZE, DIMENSION AND CONSTRUCTION SPECIFIED IN
THE ORDINANCE, WITH DUPLICATES OF EACH SIGN TO BE PROVIDED TO
THE TOWN BY THE DEVELOPER.
Commissioner Mayfield made a motion to recommend amending the
town's subdivision regulations to include signage provided by
developers as proposed and include the Beck Property logo.
Commissioner Paige seconded; motion passed unanimously.
Mayor Pro Tem Hill made a motion to follow the Commission's
recommendation for adoption of the amended ordinance and
Council Member Moore seconded. Before the Council voted, Town
Attorney Hill suggested that the Beck Property logo might be
considered an endorsement by the Town. To avoid this
misunderstanding he recommended that the ordinance language
Page 6, Joint Public Hearing/Town Council Meeting, 03/21/95
include donated by or contributed by Beck Property along with
the logo. This was agreeable by Hap Baggett who was
representing Beck Properties, Inc.
Another suggestion by Attorney Hill was to have the new
subdivision's home owners association be responsible for the
expense of any signs being replaced for the third time.
Mayor Pro Tem Hill then rephrased his motion to direct the
Town Attorney to draft the ordinance with the new verbiage.
Council Member Moore again seconded; motion passed
unanimously.
ADJOURN JOINT PUBLIC SESSION WITH PLANNING AND ZONING
COMMISSION.
There being for further business to discuss, Commissioner
Cotton made a motion to adjourn the joint session at 7:37
p.m. Commissioner Mayfield seconded; motion passed
unanimously.
Representing the Town Council, Mayor Pro Tem Hill then made a
motion to adjourn and meet again on April 18th. Council
Member Engelbeck seconded; motion passed unanimously.
END OF JOINT SESSION
WITH THE PLANNING AND ZONING COMMISSION
THREE MINUTE RECESS
TOWN COUNCIL MEETING
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS
RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF
USE OF SIGNS, INCLUDING POLITICAL, REAL ESTATE, AND
COMMERCIAL SIGNS; REGULATING GRAFFITI; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE
DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00)
FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE.
Chairman Hamper reported that the Planning and Zoning
Commission reconsidered the real estate signs regarding size
and directionals through research and study of the
surrounding areas. They agreed that the following was
equitable and enforceable:
A. real estate signs of a total square footage of 6
feet including a rider
B. repair, clean-up or destroy current real estate
signs that are old, rusted or disrepair
C. Realtors maintain properties being sold
Page 7, Joint Public Hearing/Town Council Meeting, 03/21/95
D. limit directional signs (arrows) to only 3 on
the week -ends
E. directional signs placed by permission of
property owner and none placed on the medians
Discussion ensued regarding the enforceablity of the
ordinance on week -ends. Until abuse occurs the Town will rely
on the integrity of the Realtors, citizen complaints, and
spot checks by the police department. Everyone agreed to the
potential problem of mass directional signs at the major
intersections.
After discussing the clarification of sections 6.B.(1),
6.B.(5), and 6.B. (7), Mayor Pro Tem made a motion to adopt
the sign ordinance after directing the Town Attorney to amend
the wording in those sections. Council Member Glaspell
seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 94-19
RELATING TO ACQUIRING RIGHT-OF-WAY FOR PUBLIC STREET
(EXTENSION OF TROPHY WOOD DRIVE TO A POINT OF INTERSECTION
WITH T.W. KING ROAD), UTILITY, AND ASSOCIATED MUNICIPAL
PURPOSES, AND A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES,
OVER, UNDER AND ACROSS THAT LAND DESCRIBED HEREIN, BY
PROVIDING THAT THE ACQUISITION OF THE FOR SUCH PURPOSES SHALL
BE IN FEE SIMPLE; PROVIDING AN EFFECTIVE DATE.
After Attorney Hill explained this was only a matter of
semantics regarding fee simple title, Council Member Glaspell
then made a motion to amend resolution 94-19. Council Member
Moore seconded; motion passed unanimously.
CONSENT AGENDA
Mayor Carter asked if any member of the Town Council wished
to remove any item from the Consent Agenda for full
discussion. Council Member Glaspell requested that items G
and H be removed for clarification.
Mayor Pro Tem Hill made a motion to approve all other items
except G and H. Council Member Glaspell seconded; motion
passed unanimously with Council Member Moore abstaining from
item B.
Council Member Glaspell suggested that Highway 114 be
included as a contributor to economic growth for the
N.A.F.T.A. highway system. He then made a motion to approve
agenda item G. with that inclusion. Council Member Engelbeck
seconded; motion passed unanimously.
Mayor Carter explained that air quality control still needs
more thorough research and that sources differ on who or what
Page 8, Joint Public Hearing/Town Council Meeting, 02/21/95
causes the problem. He noted that the 1996 deadline was
extended to 1998 because of the legislature's schedule.
Council Member Glaspell made a motion to approve agenda item
H. Council Member Engelbeck seconded; motion passed
unanimously.
The approved items are as follows:
A.
Minutes of the February 21, 1995 Council Meeting.
B.
Financial Reports Ending 02/28/95
C.
A resolution expressing appreciation
of Senator
Jane Nelson.
D.
A resolution expressing appreciation
of Senator
David Sibley.
E.
A resolution expressing appreciation
of State
Representative Jim Horn.
F.
A resolution expressing appreciation
to State
Representative Mary Denny.
G.
A resolution expressing appreciation
to the Texas
Transportation Commission and Texas
Department of
Transportation.
H.
A resolution expressing concerns with
the
centralized emission testing program
to legislative
and congressional members.
I. A proclamation declaring April 1995 Child Abuse
Awareness month and April 29, 1995 as I.O.F.
Foresters Court Bluebonnet Child Abuse Awareness
Day.
PRESENTATIONS BY CITIZENS
No presentations were given.
STAFF AND COMMITTEE REPORTS
Town Attorney, John Hill, reported that the East Entrance
condemnation was realized last week. The court hearing
before the special commissioners will occur within 30-45
days. If the land owner appeals their decision, the Town
could become involved in a lawsuit and trial.
Public Works Director, Bill LeGrand, reminded the Council
that the contract with Sunmount Corporation has expired and
will need to be re -negotiated. Sunmount was selected to do
the construction on the East Entrance.
Page 9, Joint Public Hearing/Town Council Meeting 03/21/95
Mr. LeGrand then introduced Jeff Wylie of Lone Star Gas who
apologized for the sub -contractors negligence for work done
at Trophy Club and Indian Creek Drives. He assured the
Council that this company would never work for Lone Star Gas
again.
Public Works Director LeGrand reported that the joint sealing
street repairs would start on Monday the 27th and that
information flyers would be distributed to the citizens.
He also informed the Council that a meeting with builders and
contractors was scheduled for Tuesday the 28th to explain the
ordinances and their compliance regarding construction trash
and debris.
An invitation was extended to the Council for Tuesday April
4th for a joint meeting of the Public Works and Public Safety
Committees, and Planning and Zoning Commission to discuss
curb and median improvements from the Trophy Club Drive
entrance to Indian Creek Drive.
Interim Police Chief Miller informed the Council that 3 new
police vehicles have been purchased and that within 3 weeks
all will be striped and outfitted for street use.
Town Manager, Donna Welsh, updated the Council regarding the
Town's Tenth Birthday Party. It will be on April 30th from
1-4 p.m. She also invited any Council members to the joint
M.U.D.'s meeting on March 24th to discuss the future
development and plans of Trophy Club.
Town Secretary, Karen Sadri, reminded everyone of the Town's
general election in May and that 3 candidates applied on the
last day.
PRESENTATIONS BY COUNCIL
Mayor Carter extended his appreciation to Chairman Hamper for
his and the Planning and Zoning Commissioners diligence and
hard work. He also thanked Jeff Wylie for his sincerity and
willingness to do business with the Town.
Mayor Pro Tem Hill announced his absence from Town business
from March 27th through April 11th.
The other Council members had no reports.
Mayor Carter then remarked about the unsightly and
deteriorating fences along the major thoroughfares in Trophy
Club. He suggested enlisting the property owners for a joint
effort to upgrade to long term attractive fencing.
Page 18, Joint Public Hearing/Town Council Meeting 03/21/85
ADJOURN
Mayor Pro Tem Hill mad** a motion to adjourn the meeting at
8:47 p.m' and to reconvene on Tuesday, April 18, 1895.
Council Member 8laapell seconded; motion passed unanimously
TOWN SECRETARY
PLANNING & ZONING CHAIRMAN
PLANNING & ZONING SECRETARY