Minutes P&Z 04/07/1998 - Joint Public HearingMINUTES OF
JOINT PUBLIC HEARING/
PLANNING & ZONING COMMISSION/
TOWN COUNCIL
TOWN OF TROPHY CLUB
April 7, 1998
THE STATE OF TEXAS §
COUNTY OF DENTON §
The Planning and Zoning Commission met in a joint public hearing with the Town Council on Tuesday,
April 7, 1998. The meeting was held within the boundaries of the Town and was open to the public.
JOINT PUBLIC HEARING
CALL TO ORDER AND ANNOUNCE A QUORUM:
A. TOWN COUNCIL: Mayor Carter called the Town Council to order and announced
a quorum was present at 7:07 p.m.
B. PLANNING & ZONING COMMISSION: Mike Hamper, Chairman of the
Planning and Zoning Commission called the Commission to order and announced a
quorum was present at 7:09 p.m.
PLANNING AND ZONING COMMISSIONERS PRESENT:
Mike Hamper
Rick Gilliland
Clayton Reed
David Schaaf
Gene Hill
Donald Cotton
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Edwin "Ed" Decker
Susan H. McCabe
Kevin Carr
STAFF AND GUEST'S PRESENT:
Donna Welsh
Karen Sadri
Bill LeGrand
Greg Guilluame
John Hill
Cathy Morgas
Roger Unger
Roger Williams
INVOCATION:
John Hill, Town Attorney, gave the invocation.
Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Director of Public Works
Senior Accountant
Town Attorney
P&Z Administrator
Municipal Utility District Manager
Candidate, 1 year Council position
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The Pledge of Allegiance to the American and Texas Flags was led by Ed Decker, Council Member.
Page 2 JOINT PUBLIC HEARING April 7, 1998
TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE
ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF THE TOWN
PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF
CONSIDERING AN ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES;
PROVIDING AN EFFECTIVE DATE:
Mayor Pro Tem Engelbeck moved to adopt the Ordinance to call a joint public hearing of the Town
Council and the Planning and Zoning Commission. Council Member Carr seconded; motion passed
unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH
TOWN COUNCIL:
Commissioner Hill moved to open the joint public hearing with the Town Council. Commissioner Cotton
seconded; motion passed unanimously.
Chairman Hamper explained that Roger Williams could no longer serve on the Planning and Zoning
Commission since he filed for the one year Council position; but requested that in the event Mr.
Williams does not win the position in the election, he would be able to return to his seat on the
Conunission.
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION:
Mayor Tem Engelbeck moved to open the joint public hearing with the Planning & Zoning Commission.
Council Member Carr 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 ADOPTING
REGULATIONS RELATING TO SEXUALLY ORIENTED BUSINESSES;
PROVIDING DEFINITIONS; PROVIDING THAT A LICENSE MUST BE
OBTAINED PRIOR TO THE OPERATION OF A SEXUALLY ORIENTED
BUSINESS, STANDARDS FOR THE ISSUANCE OF A LICENSE, AND
STANDARDS FOR THE EXPIRATION SUSPENSION, AND REVOCATION OF
A LICENSE; PROVIDING FOR AN APPEAL FOR THE DENIAL, SUSPENSION,
OR REVOCATION OF A LICENSE; PROVIDING STANDARDS RELATING TO
THE LOCATION OF SEXUALLY ORIENTED BUSINESSES AND
EXEMPTIONS THEREFROM; PROHIBITING THE DISPLAY OF SEXUALLY
EXPLICIT MATERIAL TO MINORS; PROVIDING FOR ENFORCEMENT;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF 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 OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
Commission Chairman Hamper addressed the Council and public. Mr. Hamper stated that the Town
would be better off to recognize the need now for this type of ordinance. The type of businesses
addressed in the ordinance are incompatible with high value and the quality of living this community
has. This is a strongly well -worded ordinance that has been tested in other areas. Mr. Hamper also went
on to explain the reason why the Chief of Police is used as the enforcer in this particular ordinance. The
Department of Public Safety inspects, licenses and enforces this type of commercial business.
Council Member Decker commented that he agreed with the enforcement by the Chief of Police.
However, he would like to see the permitting to follow the normal process.
Page 3 JOINT PUBLIC SESSION APRIL 7, 1998
Attorney John Hill stated that this is a nationwide style of ordinance and studies and research were used
to create this ordinance.
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN:
At 7:27 p.m. Commissioner Hill moved to close the joint public hearing. Commissioner Reed seconded;
motion passed unanimously.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN:
At 7:27 p.m. Council Member Decker moved to close the joint public hearing. Mayor Pro Tem
Engelbeck seconded; motion passed unanimously.
TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A
JOINT PUBLIC SESSION:
The Town Council and Planning and Zoning Commission reconvened into joint session at 7:27 p.m.
JOINT SESSION
TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND TAKE
APPROPRIATE ACTION REGARDING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING
REGULATIONS RELATING TO SEXUALLY ORIENTED BUSINESSES;
PROVIDING DEFINITIONS; PROVIDING THAT A LICENSE MUST BE
OBTAINED PRIOR TO THE OPERATION OF A SEXUALLY ORIENTED
BUSINESS, STANDARDS FOR THE ISSUANCE OF A LICENSE, AND
STANDARDS FOR THE EXPIRATION SUSPENSION, AND REVOCATION OF
A LICENSE; PROVIDING FOR AN APPEAL FOR THE DENIAL, SUSPENSION,
OR REVOCATION OF A LICENSE; PROVIDING STANDARDS RELATING TO
THE LOCATION OF SEXUALLY ORIENTED BUSINESSES AND
EXEMPTIONS THEREFROM; PROHIBITING THE DISPLAY OF SEXUALLY
EXPLICIT MATERIAL TO MINORS; PROVIDING FOR ENFORCEMENT;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF 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 OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
Having discussed the ordinance extensively including revisions and wording corrections, Commissioner
Hill moved that the Planning and Zoning Commission recommend to the Town Council to adopt the
Sexually Oriented Businesses Ordinance with the discussed revisions. Town Council asked that
Neighborhood Services be added to Page 11 section 13 (where appropriate) and to identify the permitting
function of the Planning and Zoning Commission. Commissioner Hill amended his motion to include the
Council recommendation. Commissioner Reed seconded; motion passed unanimously.
Council Member Decker moved to accept the recommendation of the Planning and Zoning Commission
to adopt the Sexually Oriented Businesses ordinance with the discussed revisions and amendments (to
include Neighborhood Services and the permitting function of the P&Z). Mayor Pro Tem Engelbeck
seconded; motion passed unanimously.
B. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING
THE APPROVAL OF THE FINAL PLAT FOR THE "LAKES OF TROPHY CLUB"
SUBDIVISION PHASE 2 (11 LOTS/1 COMMON AREA):
Dick Keffner, Engineer, Carter & Burgess Inc., explained the plat revisions.
Page 4 JOINT PUBLIC SESSION April 7, 1998
Commission Chairman Hamper recommended to the Council to approve the final plat for the "Lakes of
Trophy Club" subdivision, Phase 2. The Planning and Zoning Commission had already approved it.
Following discussion, Council Member McCabe moved to approve the final plat for the "Lakes of
Trophy Club" subdivision, Phase 2. Council Member Carr seconded; motion passed unanimously.
DISCUSSION REGARDING THE ISSUE OF GARAGE SALES:
Commission Chairman Hamper addressed the Council. The Planning and Zoning Commission feels the
issue is not with garage sales but with the violation of the Zoning Ordinance. The P&Z has made a
request to the Town Council that the current permit issued to the Trophy Club Women's Club be
rescinded and not permit the garage sale until such time the Town's legal counsel may provide a legal
opinion about permitting garage sales in residential neighborhoods for anybody whether private or not
for profit. He feels very strongly that the Ordinances should be upheld. The issuance of a temporary use
permit will not solve the problem. hi section 33 temporary use permits do not allow for any use in a
residential area, and neither the P&Z Administrator nor the Town Council can issue that permit in a
residential district. In researching the Deed Restrictions, the P&Z found they do not specifically address
this issue, but it does address the use of residential property and the prohibition of any kind of nuisance
or obnoxious activity. Mr. Hamper once again stated that the Comprehensive Zoning Ordinance clearly
states that garage sales are prohibited.
It was ascertained the earliest date, within the time frame, to get the ordinance changed would be 15 days
and that would put the public hearing on the morning of April 25, 1998.
In answer to the question what happens if a Town violates it's own ordinance, Attorney Hill explained
some cities do waive their own ordinances if the Council anticipates an amendment to that ordinance.
Mr. Hill suggested a possibility to the Council on how to ratify the action after the fact.
The following citizen(s) addressed the Council:
Riley Mills 113 Seminole Dr.
Doyle Krauss 549 Indian Creek Dr.
Bill Rose 219 Inverness Dr.
They were all in favor of finding a satisfactory solution to allow the TCWC to hold its garage sale.
Mayor Pro Tem Engelbeck moved that since the Council on February 17, 1998 expressed the intent to
permit the TCWC; to have a garage sale in the homes, that we give them a one-time temporary permit to
do so, pending ratification of action by the P&Z to approve that permit. Council Member McCabe
seconded; in the discussion that followed, Attorney Hill re -expressed the motion stating " the motion is
to confirm the permit, in that, the intent is to later ratify that action, by amendment to the ordinance."
Mayor Pro Tern agreed to amend his motion to reflect the verbiage used by Attorney Hill. Council
Member McCabe seconded the amended motion.
Council Member McCabe expressed her stance on this issue. She stated for the record " The Council is
making the decision. Yes, the staff has done something but that was at the direction of the Council, so
don't blame the staff. The Council was making the decision and we indicated the decision earlier,
apparently."
The motion was restated as " that since the Council on February 17, 1998 expressed the intent to permit
the TCWC to have a garage sale in the home, that we give them a one-time temporary permit to do so,
pending review of the ordinance by P&Z with recommendation to the Council."
Following extensive discussion, The motion passed with a majority vote. Voting for were Mayor Pro
Tem Engelbeck and Council Members Carr and McCabe. Abstaining was Council Member Decker.
Page 5 JOINT PUBLIC SESSION April 7, 1998
D. TOWN COUNCIL TO DIRECT THE PLANNING & ZONING COMMISSION TO
CONSIDER MODIFYING THE ZONING ORDINANCE REGARDING GARAGE SALES
WITHIN THE TOWN OF TROPHY CLUB, TEXAS, TO INCLUDE DESIGNATED
TIMES:
This was covered in the previous discussion. Commission Chairman Hamper asked for clarification how
the Council wants the P&Z involved in the motion. The Council advised the P&Z to investigate
amendment possibilities. Attorney Hill clarified the posting of notices by stating "The statutes states
within the official newspaper or a newspaper of general circulation within the Municipality."
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC MEETING WITH
TOWN COUNCIL:
Commissioner Reed moved to adjourn the joint public hearing at the 8:33 p.m. with the Town Council.
Commissioner Cotton seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC MEETING WITH
TOWN COUNCIL:
Mayor Pro Tem Engelbeck moved to adjourn the joint public hearing at 8:34 p.m. with the Planning and
Zoning Commission. Council Member Carr seconded; motion passed unanimously.
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