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Minutes P&Z 08/18/1998 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/JOINT PUBLIC SESSION PLANNING & ZONING COMMISSION/ TOWN COUNCIL TOWN OF TROPHY CLUB August 18, 1998 THE STATE OF TEXAS § COUNTY OF DENTON § The Planning and Zoning Commission met in a joint public hearing/joint public session with the Town Council on Tuesday, August 18, 1998. The meeting was held within the boundaries of the Town and was open to the public. COMMISSIONERS PRESENT: Mike Hamper Chairman Clayton Reed Commissioner Don Cotton Commissioner Rick Gilliland Commissioner Roger Williams Commissioner COMMISSIONERS ABSENT: Gene Hill Vice Chairman David Schaaf Commissioner COUNCIL MEMBERS PRESENT: Jim Carter Mayor Marshall Engelbeck Mayor Pro rem Ben Brewster Council Member Kevin Carr Council Member Susan H. McCabe Council Member Kay Pratt Council Member STAFF AND GUESTS PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Karen Sadri Acting Recording Secretary Cathy Morgas P&Z Administrator Bill LeGrand Director of Public Works Pam Liston Acting Town Attorney David Miller Director of DPS Roger Unger Municipal Utility District Manager Lou Opipare Chief, TCFD Barbara Allen Court Clerk John Harbin VP, Beck Properties, Inc. 1. CALL TO ORDER AND ANNOUNCE A QUORUM: A. TOWN COUNCIL: Mayor Carter called the meeting to order at 7:16 p.m. and announced a quorum. B. PLANNING & ZONING COMMISSION: Chairman Hamper called the meeting to order at 7:16 p.m. and announced a quorum with Commissioner David Schaaf absent. Page 2 P&Z/TC Joint Public Hearing August 18, 1998 2. TOWN COUNCIL TO CONVENE INTO A JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION. Town Council convened into a joint public hearing with the Planning & Zoning Commission at 7:05 pm. JOINT PUBLIC HEARING 3. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH THE TOWN COUNCIL: Commissioner Williams moved to open the Joint Public Hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. 4. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION. Mayor Pro Tem Engelbeck moved to open the joint public hearing with the Planning & Zoning Commission. Council Member McCabe seconded; motion passed unanimously. h�7I=EM911101lil611lrMall011[=1:1D/19IM M113 1011 1 M&WIlN =11521�I PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. A REPLAT OF A 9.8082 ACRE TRACT OF LAND KNOWN AS THE VILLAS OF HOGAN'S GLEN, WHICH LIES JUST EAST OF TROPHY CLUB DRIVE AND NORTH OF INDIAN CREEK DRIVE IN THE TOWN OF TROPHY CLUB. Chairman Hamper explained to the Council that this replat would change the amount of lots in the subdivision from 29 to 26. It would also allow side garages. B. AMENDING ORDINANCE NO. 94-09 OF THE TOWN OF TROPHY CLUB, TEXAS, 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 A 9.033 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF PROFESSIONAL OFFICE A 6.4871 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD (PLANNED DEVELOPMENT) #19 FOR SINGLE FAMILY RESIDENTIAL USES; 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 PD ( PLANNED DEVELOPMENT) #19 ZONING DISTRICT FOR THE SUBJECT PROPERTY; 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. Chairman Hamper explained to the Council the reasons for changing the zoning on the two parcels of land. Page 3 P&Z/TC Joint Public Hearing August 18,1998 6. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Following an opportunity for public comment, Commissioner Reed moved to close the joint public hearing with the Town Council. Commissioner Williams seconded; motion passed unanimously. 7. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. Mayor Pro Tem Engelbeck moved to close the joint public hearing with the planning & Zoning Commission. Council Member Pratt seconded; motion passed unanimously. 8. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION. The Town Council and the Planning & Zoning Commission convened into a joint session. JOINT PUBLIC SESSION 9. PLANNING & ZONING COMMISSION TO OPEN JOINT SESSION WITH THE TOWN COUNCIL. The Planning & Zoning Commission convened into a joint public session. 10. TOWN COUNCIL TO OPEN A JOINT SESSION WITH PLANNING & ZONING COMMISSION The Town Council convened into a joint public session. 11. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND TAKE APPROPRIATE ACTION REGARDING: A. A REPLAT OF A 9.8082 ACRE TRACT OF LAND KNOWN AS THE VILLAS OF HOGAN'S GLEN, WHICH LIES JUST EAST OF TROPHY CLUB DRIVE AND NORTH OF INDIAN CREEK DRIVE IN THE TOWN OF TROPHY CLUB. Commissioner Williams moved to recommend to the Town Council to approve the replat of a 9.8082 -acre tract of land known as the Villas of Hogan's Glen. Commissioner Cotton seconded; motion passed unanimously. Mayor Pro Tem Engelbeck moved for approval of the replat as stated. Council Member McCabe seconded; motion passed unanimously. B. AMENDING ORDINANCE NO. 94-09 OF THE TOWN OF TROPHY CLUB, TEXAS, 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 A 9.033 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF PROFESSIONAL OFFICE A 6.4871 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD (PLANNED DEVELOPMENT) #19 FOR SINGLE FAMILY RESIDENTIAL USES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE Page 4 P&Z/TC Joint Public Hearing August 18, 1998 ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD ( PLANNED DEVELOPMENT) #19 ZONING DISTRICT FOR THE SUBJECT PROPERTY; 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. Commissioner Gilliland moved to recommend to the Town Council to approve the rezone of the two parcels of land. Commissioner Cotton seconded; motion passed unanimously. Mayor Pro Tern Engelbeck moved for approval of the rezoning as stated. Council Member Brewster seconded; motion passed unanimously. C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF USE OF SIGN; ESTABLISHING STANDARDS IN THE USE OF POLITICAL, REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS; PROVIDING A PROCEDURE FOR A MERITORIOUS EXCEPTION TO THIS ORDINANCE; PROHIBITING THE ERECTION OF ANY SIGN NOT OTHERWISE AUTHORIZED AND PROVIDING THAT SIGNS PERMANENTLY AFFIXED TO THE GROUND ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL CONSTITUTE VALID, NON -CONFORMING SIGNS; REGULATING GRAFFITI BY REQUIRING THE OWNER OF ANY PROPERTY TO REMOVE THEREFROM ANY GRAFFITI THAT IS VISIBLE TO THE PUBLIC; PROVIDING THAT NOTICE SHALL BE GIVEN PRIOR TO REQUIRING THE REMOVAL OF GRAFFITI; REQUIRING NOTICE TO GOVERNMENTAL ENTITIES ON WHOSE PROPERTY GRAFFITI EXISTS; PROVIDING EXCEPTIONS AND DEFENSES; PROVIDING DEFINITIONS; PROVIDING THAT IT SHALL BE ON OFFENSE FOR THE PARENT OF A MINOR TO KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL TO ALLOW THE MINOR TO PLACE GRAFFITI ON PROPERTY WITHOUT THE OWNERS' CONSENT; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 97-26 RELATING TO SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN 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 OF CONTINUES; PROVIDING AN EFFECTIVE DATE. Chairman Hamper explained that the sign ordinance is being revised to insure the integrity and quality of standards for commercial signs on highway 114. no pole signs will be permitted, however, monument signs are necessary (only 50 square feet per premise and may be split and have two signs per premise but total size must not exceed 50 square feet). Commissioner Schaaf voiced his opposition to the changes especially in regard to monument and wall signs. In the past "control" over signs to keep the "look" residential with unlimited size you lack control. Commissioners Reed, Williams and Cotton voiced need for change to attract development. Cathy Morgas, Planning & Zoning Administrator, introduced a two step process for appeals for clarification. 1. Before P&Z to consider variance Page 5 P&Z/TC Joint Public Hearing August 18,1998 2. P&Z recommends approval or denial to Council 3. Council final decision. No residents spoke. Mayor Pro Tem moved for approval of the ordinance as read with the revision to the appeal process in Section 12 C and rezoning as stated. Council Member McCabe seconded; motion passed unanimously. 12. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH THE TOWN COUNCIL: Commissioner Williams moved to adjourn the joint public session with the Town Council at 8:00 p.m. Commissioner Reed seconded; motion passed unanimously. 13. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND ZONING COMMISSION. Council Member McCabe moved to close the joint public session with the Planning & Zoning Commission at 8:00 pm. Council Member Brewster seconded; motion passed unanimously. Mike Hamper, Chairperson E Cathy Morias P & Z Administrator 10/06/98 klm