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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