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Minutes P&Z 10/19/1995MINUTES OF REGULAR MEETING PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB STATE OF TEXAS § COUNTY OF DENTON § The Planning and Zoning Commission for the Town of Trophy Club met in Regular Session on Thursday, October 19, 1995 at 7:00 P.M. The meeting was held at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas. The meeting was held within the Town boundaries and was open to the Public. Mike Hamper Chairman Don Cotton Commissioner Tom Mayfield Commissioner Bob Paige Commissioner Roger Williams Commissioner David Schaaf Commissioner Commissioner Booker was unable to attend. Staff and Guest present were: Pauline Shaw P&Z Administrator Dan Boutwell Municipal Planning Group Chairman Hamper called the meeting to order at 7:00 P.M. noting a quorum was present. He then welcomed the Commissioners, staff and guests. REVIEW MR. JERRY M. LEWRIGHT REQUEST FOR PERMISSION TO RE -ROOF HIS HOME AT 4 GREENLEAF DRIVE (LOT 1291, SECTION 10) AND TAKE APPROPRIATE ACTION. Chairman Hamper explained to the applicant the Planning & Zoning Commissioner's concerns with wood shingles. He then asked if the applicant had read the warranty with the shingles. He further explained the warranty does not cover fire. REVIEW MR. JOSEPH M. SPIECKER REQUEST PERMISSION TO RE -ROOF HIS HOME AT 129 CREEK COURTS (LOT 653, SECTION 8), AND TAKE APPROPRIATE ACTION. Page 2, P&Z Minutes from 10/19/95 After a discussion, Commissioner Cotton made a motion to approve Mr. Jerry M. Lewright and Mr. Joseph M. Spiecker's requests to re -roof with wood shingles provided, however they meet the wood shingle permitting requirements. Commissioner Mayfield seconded; motion passed with Chairman Hamper, Commissioner Cotton, Commissioner Mayfield, and Commissioner Paige for and Commissioner Schaaf against. REVIEW AND DISCUSS AN ORDINANCE TO PROHIBIT WOOD SHAKE OR SHINGLE ROOFS, REQUIRE A MINIMUM 300 POUND COMPOSITION ROOF WITH A 40 YEAR WARRANTY, ETC. Chairman led the discussion on wood shingle roofs. Attached is a copy of the Ordinance considered by the Commissioners for presentation to the Town Council. The Commissioners want to remove from page 3 of the ordinance the portion calling out the permit cost. Chairman Hamper noted that Trophy Club is very concerned with the health, safety and well being of the Town's residents and the decision to prohibit wood shingle roofs is not arbitrary and not based on aesthetics. Watauga, Roanoke, Keller are also looking in the this very controversial issue. Commissioner Schaaf made a motion to approve the ordinance as discussed with the above amendments and further recommend to the Town Council adoption of the ordinance. Commissioner Mayfield seconded; motion passed unanimously. DISCUSS AND REVIEW 10 ACRE COMMERCIAL PLANNED DEVELOPMENT PRELIMINARY PLAT The following are items to be corrected on the preliminary plat: 1. Indicate Town limits and location of line 2. Existing sanitary sewer - say if existing or proposed 21 " water line 3. SECTION 5 vol 5 zoned single family and SECTION 8 what is the church site volume and page 4. Show existing easements. 5. Show easements along hwy 114 6. What are the proposed uses? Commercial , retail, etc. 7. Block I? 8. Note discussing flood plain in zone X 9. List indicates preliminary drainage Q 25 & 100 volume of water 10. City engineer to review and plat must show reelection information re curb cuts 11. Street curves and location of inlet as well as medians need to be shown 12. Graphic scale and written scale do not agree Page 3, P&Z Minutes from 10/19/95 13. Legal description distances and bearings around out side lines pins set pens found indicate point of beginning. Identify TU Easement 14. Western side of property - 30" landscape easement ( label tract A) After the discussion, Commissioner Paige made a motion to approve the preliminary plat with the above noted changes. Commissioner Schaaf seconded; motion passed unanimously. Chairman Hamper reported on a disturbing newspaper article showing pictures, quotes, etc. regarding the "Village Gas Station"and regarding the legal process. The article gives a very misleading message to the commissioners and other citizens. The newspaper makes it sound like it is a foregone conclusion something will be built. A consensus of opinion at the workshops is to provide input to an applicant before they spend a lot of money on developing drawings and engineering not an approval of what will be built. Mr. Dan Boutwell reviewed the preliminary plat with the commissioners for the Villas. He refreshed the commissioners regarding the process for an undeveloped tract of land and noted two separate action were required. 1. Proper Zoning - present with the site plan 2. Subdivision of land - platting Mr. Boutwell also noted state law states the Planning & Zoning Commission is a recommending body regarding zoning and the Planning & Zoning Commission is a governing body on platting. He then said that we are talking about platting only tonight. There are two platting actions; one preliminary plat and final plat. The primary focus tonight is a preliminary plat. Mr. Boutwell's comments on preliminary plat: 1. All properties which are not platted must be shown 2. Block 1 & 2 need to be added 3. Legal description is needed 4. Bearing & distances need to be shown and not point of beginning. 5. Typical lot needs to be shown 6. Screening wall is needed 7. Drainage Q 25,50,& 100 are requested and storm sewer will be reviewed by Town Engineers 8. T.W. King drainage to be shown 9. Show Town Limit 10. Easements need to be shown 11. Electricity to come from back of properties 12. Ten foot rear easement minimum. Must be left all natural 13. Indicate owners of unplatted land Page 4, P&Z Minutes from 10/19/95 14. Trophy Wood Drive, lots 21 & 22 show building line adjacent to Trophy Wood Drive Must be a minimum of fifteen feet 15. Note access not permitted to T.W. King and Trophy Wood Drive from lots 16. Description of paving type or pavers to be shown 17. Show edge of pavement - fire hydrants, etc. 18. Final plat engineering drawing for median on Trophy Wood Drive 19. Drainage study 20. Trophy Wood Extensions metes and bounds Commissioner Paige made a motion to approve the preliminary plat with the changes and additions mentioned above. Commissioner Schaaf seconded; motion passed unanimously. ANY OTHER BUSINESS A workshop will be held on November 2, 1995 and a public hearing on November 21, 1995 regarding the Commercial site and the Villas. The commissioners would like a copy of the deed restrictions for the Villas. ADJOURN There being no further business to conduct, Commissioner Schaaf made a motion to adjourn the meeting at 8:40 P.M. Commissioner Cotton seconded; motion passed unanimously. Chairman Secretary NOTICE OF A JOINT PUBLIC HEARING OF THE PLANNING AND ZONING COMIVIISSION AND TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CONCERNING AMENDING THE TOWN'S ZONING DISTRICT MAP BY THE REZONING OF CERTAIN REAL PROPERTY DESCRIBED HEREIN PURSUANT TO THE TOWN'S COMPREHENSIVE PLAN AND COMPREHENSIVE ZONING ORDINANCE. TO ALL CITIZENS, PROPERTY OWNERS, AND TAXPAYERS OF THE TOWN OF TROPHY CLUB, TEXAS: On the day of , 1995 at 7:00 P.M. and continued thereafter from day to day as required, there will be held a joint public hearing of the Planning and Zoning Commission and Town Council of the Town of Trophy Club, Texas, at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas 76262, for the purpose of considering an amendment to the Town's Zoning District Map which would, if adopted, rezone certain tracts of land within the Town as hereinafter described, in accordance with the (i) the Comprehensive Plan 1992 for the Town of Trophy Club as adopted by Ordinance No. 92-17 (the "Comprehensive Plan"), and (ii) the Town's Comprehensive Zoning Ordinance, Ordinance No. 94-09 (the "Comprehensive Zoning Ordinance"), as amended. The land to be considered for rezoning consists of four tracts generally located west of T.W. King Road and south of Trophy Wood Drive and adjacent to State Highway 114 and are more particularly described on the exhibits attached hereto. The tracts and the proposed rezoning are set forth below: Tract Size of Tract Current Zoning- Proposed Zoning 5.9440 acres R-12 Single Family PD Planned Development for Single Family uses (with 5,000 square foot minimum lot area) 2 4.2360 acres R-12 Single Family PD Planned Development for Single Family uses (with 5,000 square foot minimum lot area) 3 0.388 acres R-12 Single Family PD Planned Development for Single Family uses (with 5,000 square foot minimum lot area) 4 9.9470 acres CG Commercial PD Planned Development for General Non -Residential Mixed -Use A map showing the tracts of land to be considered for rezoning, the Zoning District Map, the Town's Comprehensive Plan 1992, and the Comprehensive Zoning Ordinance, are all available for review at the office of Ms. Pauline Shaw, Town Planning and Zoning DOC #: 305155 Administrator, 100 Municipal Drive, Trophy Club, Texas and a copy of each document may be purchased at the same office. All property owners, taxpayers and citizens will be given an opportunity during the public hearing to express their opinions and views relative to the proposed amendments to the Zoning District Map. After all parties have been given an opportunity to speak, the public hearing will be closed and the two bodies will deliberate the pending matter. Please contact the undersigned concerning any questions at the Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262, (817) 430-1911. GIVEN UNDER MY HAND AND SEAL of office this the day of October, 1995. [SEAL] DOC #: 305155 PAULINE SHAW Planning and Zoning Administrator Town of Trophy Club, Texas TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING A 300 POUND RATING OR A 40 YEAR WARRANTY FOR SHINGLES: (1) INSTALLED ON THE ROOF OF ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT IS ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, OR (2) USED TO REPLACE MORE THAN TWENTY-FIVE PERCENT (25%) OF THE ROOF COVERING ON ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT WAS ISSUED OR WHICH WAS CONSTRUCTED OR ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; PROHIBITING THE USE OF WOOD SHINGLES AND WOOD SHAKES WITHIN THE TOWN EXCEPT FOR ROOF REPAIR PURPOSES IN CERTAIN INSTANCES; PROVIDING DEFINITIONS REQUIRING A PERMIT TO REPAIR OR REPLACE A ROOF WHERE MORE THAN TWENTY-FIVE PERCENT (25%) OF THE AREA OF THE ROOF IS BEING REPAIRED OR REPLACED; REPEALING ORDINANCE NO. RELATING TO ROOF REPAIR AND REPLACEMENT; 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. WHEREAS, the Town of Trophy Club, Texas (the "Town") is primarily a single-family residential community, with single-family residential dwellings generally located in relatively close proximity to one another; and WHEREAS, neighboring cities of Dallas and Plano have recently experienced severe fires in single-family residential neighborhoods, which fires have spread as a result of, at least in part, the residential dwellings having wood shingle or wood shake roofs; and WHEREAS, it is generally recognized that wood shingles or wood shakes used as a roof covering constitute a fire hazard; and WHEREAS, due to such safety hazard, the Town Council of the Town desires to prohibit the future and further use of wood shingles or wood shakes as a roof covering, except DOC A 305154 as provided for herein, and finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated herein in their entirety. Section 2. Definitions. The terms "wood shingles" and "wood shakes" shall have the same meaning as those terms are given in the Uniform Building Code, 1991 Edition, as adopted by Ordinance No. 92-04A of the Town. A true and correct copy of such definitions is attached hereto and incorporated herein. Section 3. Tyne of shingles s required. From and after the effective date of this Ordinance, all shingles: A. installed as a roof covering on any building or structure for which a building permit is issued by the Town on or after the effective date of this Ordinance; or B. used to replace twenty-five percent (25%) or more of the roof covering on any building or structure for which a building permit was issued or which was constructed or erected prior to the effective date of this Ordinance, shall have at least a 300 pound rating or a 40 year warranty. Section 4. Wood shingles and wood shakes. Wood shingles or wood shakes shall not be used: A. as a roof covering on any building or structure for which a building permit is issued by the Town on or after the effective date of this Ordinance; or B. to replace more than twenty-five percent (25%) of the roof covering on any building or structure for which a building permit was issued or which was constructed or erected prior to the effective date of this Ordinance, which building or structure has a wood shingle roof at the time of the replacement. Wood shingles or wood shakes may be used to replace wood shingles or wood shakes on any roof or structure, provided that: (i) all such replacements shall be deemed cumulative over a consecutive three (3) year period such that no more than twenty-five percent (25 %) of a roof on any building or structure may be replaced with wood shingles or wood shakes during any such three (3) year period, and (ii) the wood shingles used as a replacement shall have equal or greater characteristics of a 30 year fire retardant warranty and must be approved by the Town's Planing and Zoning Commission. WA DOC #: 305154 Section 5. Roof repair permit. No person shall replace or cause to be replaced more than twenty-five percent (25 %) of the roof covering on any building or structure located, placed, constructed or erected within the Town without first securing from the Town a roof repair permit authorizing such replacement. The cost for such roof repair permit shall be $25.00. Section 6. Savin s. This Ordinance shall be cumulative of all other ordinances of the Town affecting buildings and structures and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. relating to roof construction and replacement is hereby repealed, but provided that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. on the effective date of this Ordinance shall continue to be governed by Ordinance No. , and for that purpose Ordinance No. shall remain in full force and effect. Section 7. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Effective date. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the day of , 1995. ATTEST: Town Secretary, Town of Trophy Club, Texas -3- DOC #: 305154 Mayor, Town of Trophy Club, Texas Town Attorney, Town of Trophy Club, Texas C DOC #: 305154