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
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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]
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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.
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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
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Mayor, Town of Trophy Club, Texas
Town Attorney,
Town of Trophy Club, Texas
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