Minutes P&Z 11/07/2002MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
7 NOVEMBER 2002
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public
Hearing and a Regular Session on 7 November 2002, at 7:00 pm in the Public Works
Conference Room of the Public Works Building, 100 Municipal Drive, Trophy Club, Texas
76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill
Vice Chairman Gilliland
Commissioner Ashby
Commissioner Reed
Commissioner Rodgers
Commissioner Sheridan
Commissioner Stephens
STAFF AND GUESTS PRESENT:
present
excused
excused
present
present
present
present, arrived at 7:04 pm
Kerin C. Fleck Planning & Zoning Coordinator
Dan Boutwell Planning Consultant
Andrew Reid Stature Builders
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:03 pm, and announced a quorum was
present.
PUBLIC HEARING
2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO
THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCE NO. 2001-30 P&Z OF THE TOWN WHICH AMENDED ORDINANCE
2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE
TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, "TREE PRESERVATION AND
REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE
2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE
TOWN OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 "TREE
PRESERVATION AND REMOVAL"; PROVIDING DEFINITIONS; ESTABLISHING
PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION;
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 November 2002
PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED
TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN
TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE
REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED TREE PLANTING
AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-
OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES;
REQUIRING TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (REP -02-011)
Chairman Hill read the caption into the record. There were no requests to speak from
the public.
4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN.
A motion was made to close the Public Hearing.
Motion:
Rodgers
Second:
Reed
Ayes:
Hill, Sheridan, Stephens
Nays;
None
Action:
5-0
Motion carried.
5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION.
*REGULAR SESSION
6. DISCUSSION AND CONSIDERATION OF APPROPRIATE ACTION RELATIVE TO THE
PLANNING & ZONING COMMISSION'S RECOMMENDATION TO THE TOWN COUNCIL
REGARDING THE ADOPTION OF THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCE NO. 2001-30 P&Z OF THE TOWN WHICH AMENDED ORDINANCE
2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE
TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, "TREE PRESERVATION AND
REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE
2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE
TOWN OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 "TREE
PRESERVATION AND REMOVAL"; PROVIDING DEFINITIONS; ESTABLISHING
PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION;
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a
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 November 2002
PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED
TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN
TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE
REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED TREE PLANTING
AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-
OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES;
REQUIRING TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (REP -02-01 1)
Ms. Fleck briefed the Commission about the proposed changes to the Ordinance. Last
year the Town adopted a Tree Preservation Ordinance in order for the Town to become
eligible for the status of "Tree City USA". The Tree City Board reviewed our Ordinance
and made a suggestion for the Board to develop a written plan. The plan will be
presented annually for approval by the Town Council and then it will serve as the
official Comprehensive Tree Plan for the Town.
A motion was made to recommend adoption of the amendment.
Motion:
Sheridan
Second:
Rodgers
Ayes:
Hill, Reed
Nays:
None
Abstain:
Sheridan
Action:
4-0-1
Motion carried.
This item will be recommended for approval to the Town Council at their 2 December
2002 agenda.
7. PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST
FOR A WAIVER TO FENCE ORDINANCE 2002-25P&Z, MORE SPECIFICALLY
DESCRIBED AS SECTION 3, ENTITLED "FENCES", SUBSECTION "B" ENTITLED "HEIGHT
REQUIREMENTS", (3) FOR A PROPERTY LOCATED AT 2 BROOKHOLLOW LANE, LOT
122 OF LAKE FOREST VILLAGE, PHASE THREE. (APPLICANT: STATURE BUILDERS)
Andrew Reid addressed the Commission and proposed the placement of a new side
yard fence along Indian Creek Drive to be located on the property line instead of the
building line, He went on to say that most of the fences along Indian Creek Drive are
situated this way, including the fence directly across the street,
Chairman Hill asked for clarification on the waiver request letter vs. the exhibit, and
pointed out a requirement in the Fence Ordinance that states side yard fencing must
be located a minimum of ten feet (10') behind the front elevation of the structure.
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3
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 November 2002
Commissioner Stephens had no questions for the applicant.
Commissioner Reed had no questions for the applicant,
Commissioner Sheridan inquired about the deed restrictions on the property. Would the
proposed fence location preclude the deed restriction requirements? Ms. Fleck stated
that the deed restrictions do not specify fence locations.
Commissioner Rodgers stated she was inclined to approve the request with the fence
located ten feet (10') behind the front elevation and ten feet (10) off the side
elevation.
Chairman Hill stated this waiver, if approved, would be site specific and does not in any
way set a precedent.
A motion was made to recommend approval of the waiver request with the fence
coming ten feet (10') from the side elevation and ten feet (10') from the front elevation
of the house, leaving approximately fiffeen feet two inches (15'.2") of green space.
Motion:
Rodgers
Second:
Sheridan
Ayes:
Hill, Gilliland, Stephens
Nays:
None
Action:
5-0
Motion carried.
This item will be recommended for approval at the Town Council's 18 November 2002
meeting,
8. DISCUSSION AND APPROPRIATE ACTION RELATIVE TO AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 1999-13,
ESTABLISHING SIGN REGULATIONS, AND ADOPTING NEW PROVISIONS FOR SIGN
REGULATIONS; PROVIDING DEFINITIONS; PROVIDING GENERAL STANDARDS
RELATING TO THE HEIGHT OF SIGNS, APPLICABLE BUILDING AND ELECTRICAL
CODES, ILLUMINATED SIGNS, FLASHING OR MOVING SIGNS, SIGNS ON TREES OR
UTILITY POLES AND REQUIREMENT TO REPAIR; PROVIDING FOR TRAFFIC SAFETY;
PROVIDING FOR POLITICAL SIGNS; PROVIDING FOR DEVELOPER/BUILDER AND REAL
ESTATE SIGNS; ESTABLISHING PROVISIONS FOR ALL AREAS AND ZONING DISTRICTS;
PROVIDING FOR COMMERCIAL SIGNS; PROVIDING SIGNAGE CRITERIA;
PROVIDING FOR PERMISSIBLE SIGNS NOT REQUIRING PERMITS; PROVIDING PERMIT
REQUIREMENTS; PROVIDING FOR TEMPORARY PERMITS; PROVIDING FOR
NONCONFORMING USES; PROVIDING FOR MERITORIOUS EXCEPTIONS AND
APPEALS; PROVIDING FOR PROHIBITION OF SIGNS NOT SPECIFICALLY AUTHORIZED;
PROVIDING GRAFFITI REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A CUMULATIVE REPEALER 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;
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 November 2002
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
Ms, Fleck addressed the Commission and explained why the Ordinance was back
before them. Just prior to the Town Council reviewing the Sign Ordinance staff
discovered that the changes made by Patricia Adams, Town Attorney, were not
reflected in the document. Also, the changes were not in the Ordinance that was
recommended for approval by the Commission 5 September 2002. Therefore, it's
necessary the Ordinance be recommended for approval with the revisions included,
Barbara Allworth, Governmental Affairs Director for the Northeast Tarrant County
Association of Realtors addressed the Commission and complimented the Sign
Ordinance revision. Ms. Allsworth discussed the proposed Ordinance with the
Commission.
The following items were changed in the Ordinance:
The definition for "Right -of -Way" will be taken from the Town's Subdivision
Regulations Ordinance.
Definition for "Electronic Display Sign" was removed.
Definition for "Moving Sign" was removed.
Definition for "Obstructing Sign" was removed.
Section 6(A)2(a):
Signs shall contain no more than two (2) sides and shall be limited to six (6)
square feet of text area on each side, including any riders. Signs larger than six
(6) square feet of text area shall be considered as being commercial signs and
shall be subject to Section 8 - Commercial Signs of this Ordinance.
Section 6(A)2(e):
A maximum of six ) directional signs may be placed off-site for each premises
(whether one or more lots or tracts) offered for sale or lease. Spacing between
each sign shall be a minimum of four hundred feet L400') along the following
streets: Trophy Club Drive, Indian Creek Drive, Village Trail and Durango Drive.
Add details for "Real Estate Signs" in the Signage Criteria Chart,
Section 9: Add "Real Estates Signs."
A motion was made to recommend approval with the changes made.
Motion:
Sheridan
Second:
Reed
Ayes:
Hill, Rodgers, Stephens
Nays:
None
Action:
5-0
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Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 November 2002
Motion carried.
This item will be recommended for approval at the Town Council's 18 November 2002,
9. REVIEW AND APPROVE MINUTES:
A. 3 OCTOBER 2002
A motion was made to approve the minutes as written.
Motion:
Reed
Second:
Sheridan
Ayes:
Hill, Sheridan
Nays:
None
Abstain:
Rodgers
Action:
4-0-1
Motion carried.
10. ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 8:05 pm.
Gene Hill, Chairman
/11
Ke In C. Fleck, Planning Zoning Coordinator
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