Minutes TC 12/16/1985--^
MINUTES OF REGULAR MEETING
TOWN OF TROPHY CLUB
TROPHY CLUB, TEXAS
THE STATE OF TEXASCOUNTY OF DENTON
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The Town Council of the Town of Trophy Club met in Regular
Session on December 16, 1985 at 7:00PM. The meeting was held
at the Municipal Utility District Building, 100 Water Plant
Road, Trophy Club, Texas. The meeting was held within the
boundaries of the Town and open to the Public.
Jim Carter
Terry Vance
Bettye Dayton
George Doran
Aldo Martignago
Ted Neidenberger
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Also present, members of the City staff:
John Hill
John Jacobs
David Nolte
Donna Welsh
Attorney
City Treasurer
Marshal
City Secretary
Mayor Carter called the meeting to order at 7:05PM.
INVOCATION
Mr. Dick Morey, 12 Lake Forest Drive, led the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Carter led the Pledge of Allegiance.
Mayor Pro Tem Vance made a motion to adopt the minutes of the
November 25, 1985 meeting as written, Council Member Dayton
seconded, motion carried unanimously.
Mayor Pro Tem Vance made a motion to adopt the minutes of the
December 3, 1985 meeting as written, Council Member Doran
seconded, motion carried unanimously.
Council Member Doran made a motion to adopt the minutes of
the December 9, 1985 meeting as written, Mayor Pro Tem Vance
PUBLIC HEARING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A
RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT
CLASSIFICATION WITH SPECIFIC USE PERMIT NO. 1 FOR A CHURCH
USE ON AN 11.8 ACRE TRACT AT THE SOUTHWEST CORNER OF TROPHY
CLUB DRIVE; PROVIDING SPECIFIC USE PERMIT REGULATIONS FOR THE
CHURCH USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND DECLARING AN EMERGENCY.
Mayor Carter stated that he was a member of the Church
requesting the zoning and asked Mayor Pro Tem Vance to lead
the Public Hearing on the Ordinance.
PUBLIC COMMENT:
PLANNING AND ZONING COMMENT:
Mr. Alexander, Chairman of the Commission, stated that Freese
and Nichols had made recommendations to the Ordinance. These
have been reviewed by the Commission and presented to the
Council. A copy of these proposed changes is filed with the
minutes of this meeting.
Commission Member Tynes made a motion to recommend these
revisions to the Council as written, Commission Member
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~England seconded, motion carried with Commission Member
Benton abstaining. Commission Member Benton is a member of
the Church requesting zoning.
Council Member Doran made a motion to adopt the Ordinance
with the recommended revisions, Council Member Neidenberger
seconded, motion carried unanimously.
NEXT ORDINANCE TO BE CONSIDERED: SPECIAL RESIDENTIAL -3
PLANNED DEVELOPMENT DISTRICT. ITS CAPTION READS:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING
REGULATIONS FOR A SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT;
PROVIDING USE, HEIGHT, AREA AND BUILDING REGULATIONS;
PROVIDING FOR SITE PLAN REVIEW; PROVIDING FOR PLATTING;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS
(1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
Mayor Carter asked for any comments or questions from the
Public.
Jan Clinkenbeard, Fairway Village- Mrs. Clinkenbeard stated
that she felt that 8 units per acre and 3,000 sq. ft. lots
would be entirely too dense. Mrs. Clinkenbeard was also
concerned with the minimum square footage of 1,200.
Beth Hayden, Oakmont Drive- Mrs. Hayden stated that 8 units
per acre would be too crowded and this was the very reason
Trophy Club incorporated, to keep high density down.
Carole Nolte, Oakmont Drive- Mrs. Nolte agreed with Mrs.
Hayden and asked the Council to study the high density
question carefully.
Joyce Jones, Inverness Drive- Mrs. Jones stated that she
agreed with the concerns expressed by the Citizens.
Bill Tynes- Mr. Tynes stated that he was speaking as
homeowner, (Mr. Tynes is a member of "he Planning and Zoning
Commission). He stated that being a new member of the
Commission he had not worked on this Ordinance but he agreed
with the previous homeowners comments. Mr. Tynes stated that
this Ordinance would set a pattern for years to come. He
pointed out that it had been his experience that there would
be a lot requests for whatever minimum requirements were set.
Mr. Tynes stated that Trophy Club has not exhibited that it
needs this type of housing and urged the Council not to
approve it.
Jan Clinkenbeard- Mrs. Clinkenbeard stated that she has lived
in several "special residential" areas and they do not have
to be high density.
John Jacobs, 101 Pebble Beach- Mr. Jacobs stated that this
Ordinance would set a precedence for the future and asked the
Council to examine it carefully before making a decision.
Jim Kardish- Mr. Kardish pointed out to the Council that so
far in the meeting there has not been one positive comment in
favor of special residential.
Ralph Kemp- Mr. Kemp stated that he was speaking as a
homeowner and not a Commission member. Mr. Kemp stated that
he was a new member of the Commission and had he been
involved in forming the Ordinance, he would have proposed a
lower density and a larger building site.
Vance Booker- Mr. Booker stated that he agreed with the
previous comments from the homeowners and reminded the
Council that this was the very reason Trophy Club
incorporated, to control the high density projects.
Frank Spruill, 11 Creekmere- Asked the Council to "please
defeat the Ordinance".
Jean Carter, 204 Fresh Meadow- Mrs. Carter pointed out that
the multi -family housing currently in Trophy Club was not
selling, and asked the developer what made them think more of
this type of housing would enhance the area.
Tracy Kunkel, G Muirfield- Mrs. Kunkel pointed out that the
study the Citizens Advisory Committee survey showed that Oak
Hill has special residential with three units per acre, the
Summit has 5.43 per acre, Avenue Twenty has 4.08 per acre and
Fairway Village has 7.1 per acre. Mrs. Kunkel pointed out
that Fairway Village is the highest per acre at this time.
Mr. Barry Knight~ Attorney for Independent American stated
that he found the comments interesting. He stated that the
Quorum, Townhomes and Plantation are not special residential.
He stated that the Knoll and Nelson properties will be
expensive sites which will require a very high value house in
order to Justify the land value. Mr. Knight stated that
special residential is a choice of lifestyle rather than a
choice of quality. Special residential has been used very
successfully for "empty nesters" and people without children.
Mr. Knight introduced Mr. Tom Lawrence, of Johnson, Johnson
and Roy, who presented a slide show giving examples of
various types of special residential.
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��arry Ann Elliott- Mrs. Elliott stated that she lives across
the road from the duplexes on Indian Creek and they in no way
have enhanced her property.
Mr~ Knight stated that the townhomes are not special
residential.
Carol Nolte- Mrs. Nolte stated that she and her family moved
to Trophy Club under the impression it would stay single
family homes. She stated that now her house overlooks the
Quorum development.
Bill Haggerty- Mr~ Haggerty stated that the slide
presentation showed the special residential with high square
footage, the "cadillacs" of special residential. Mr. Haggerty
stated that he lives in Fairway Village which is special
residential and his home has been on the market for two
years. He feels that there is no demand for this type of
housing in Trophy Club.
Mayor Carter asked Mr. Knight why the developer wants to
build zero lot line homes in Trophy Club?
Mr. Knight stated that market analysis shows the demand in
this area for special residential. Mr. Knight pointed out
that these would be single family and not rentals.
Laddie Woods, Independent American, quoted from MPF Research
report covering the third quarter of 1985. The report figures
showed a high number of sales in the special residential
sales.
Mayor Carter read from a market survey that stated single
family housing is still dominant in Trophy Club and more
suburban areas and the mid -density housing is gaining
popularity in close in neighborhoods.
Mr. Woods stated that the report Mayor Carter was reading
from was outdated, (1984). He stated that this was done
before I.B.M. made their announcement to start construction
in the area.
COUNCIL COMMENTS
Council Member Dayton stated that the slide presentation did
not show anything in the 1,200 sq. ft. size house with a
3,000 sq. ft. lot. She also stated that her lot is next to
the smallest in Fairway Village, approximately 3,800 sq. ft.,
and she couldn't imagine a 3,000 sq. ft. lot. Council Member
Dayton stated that Fairway Village has not been that
successful for resales. She is in favor of special
residential but not on such small lots.
Mayor Pro Tem Vance stated, that he is not for any more multi-
family such as exists n"A in Trophy Club but he feels there
should be a choice of housing such as special residential for
different lifestyles. He stated that he is concerned with the
conservation of Trophy Club and is interested in a tree
conservation ordinance. Mayor Pro Tem Vance stated that
the City has a greater deal of control as to what is built
and can assure vaIue as well as architecture in future
developments.
1. 1~4 "C" -Minimum of 1,500 sq. ft. per unit.
2. 1.5 "A" -Under the "type of material", on the exterior of
the building, the Ordinance refers to main buildings and
accessory buildings, Mayor Pro Tem Vance would like to see
the type of material refer to main buildings and accessory
buildings.
3. Minimum of 1 exterior parking space per unit.
Council Member Neidenberger stated that Trophy Club has a lot
of transient people and feels there is a need for special
residential. He stated that if it is done right is can be a
valuable asset to the Community.
Council Member Doran stated that the Planning and Zoning
Commission has put in may hours on this ordinance before
recommending it to the Council. He stated that after hearing
the comments from the residents and members of the planning
and Zoning Commission, maybe the Commission should look again
at the ordinance. Council Member Doran asked the question if
the Council could seriously consider special residential
after the comments heard tonight.
Council Member Martignago stated that running for the Council
was a learning process. The items coming before the Council
now are the "heart of the problem". He stated that the City
has to realize the need for special residential but it has to
be conducive to the lifestyle in Trophy Club. He stated that
special residential can be used without endangering the value
of existing homes.
Council Member Neidenberger made a motion to change section
E, 1.4 frorii 8 to 6 units per acre. Motion carried with Mayor
Pro Tern Vance opposing.
Council Member Nei.denberger made a motion to add to section
1.7 "C" the following: Ordinance to require deed restrictions
and covenants as part of platting requirernent prior to the
issuance of the building permit, subject to review by the
Planning and Zoning Commission and approval of the City
Council. Council Member Doran seconded, motion carried
unanimously.
The Council then considered Mayor pro Tem Vance's motion for
the following modifications:
1. Section 1.5 "A" -Type of materials to apply to main
buildings and accessory buildings.
W. Minimum of one exterior parking space per dwelling unit.
3. 1.4 "C"-Minirnurn of 1,500 sq. ft.
The vote for these arnendrnents was unanimous.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR
THE APPLICATION OF THE SPECIAL RESIDENTIAL -3 PLANNED
DEVELOPMENT DISTRICT REGULATIONS TO CERTAIN TRACTS IN THE
TOWN OF TROPHY CLUB, 'T'EXAS, BEING THE NELSON TRACT COMPRISING
APPROXIMATELY 6.9 ACRES LOCATED AT THE NORTHEAST CORNER OF
TROPHY CLUB DRIVE AND INDIAN CREEK DRIVE:, AND DESCRIBED MORE
ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS ($1,0u:0.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE
AND DECLARING AN EMERGENCY.
Ralph Kemp- Mr. Kemp stated that since this was the last
parcel Mr. Nelson would probably develop in Trophy Club, he
should make provisions for park areas or cash equivalent.
Mr. Alexander pointed out that the platting requirements in
this Ordinance would cover the park situation~
John Jacobs, 101 Pebble Beach- Mr. Jacobs was concerned with
the access to the property and was concerned with the
traffic problems it might cause on Indian Creek.
Mr. Nelson pointed out that an entrance was planned on Trophy
Club Drive.
Council Member Doran made a motion to approve the Ordinance
as written, Council Member Martignago seconded, motion
carried unanimously.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR
THE APPLICATION OF THE SPECIAL RESIDENTIAL -3 PLANNED
DEVELOPMENT DISTRICT REGULATIONS TO CERTAIN TRACTS IN THE
TOWN OF TROPHY CLUB, TEXAS BEING 21.1941 ACRES OF LAND
COMMONLY KNOWN AS THE KNOLL LOCATED IN THE M. MEDLIW SURVEY,
ABSTRACT NUMBER 832 AND DESCRIBED MORE ACCURATELY BY METES
AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
COMMENTS:
John Jacobs, 101 Pebble Beach- Mr. Jacobs expressed concern
over the traffic situation on Indian Creek and felt that
without another access to Trophy Club from the east side the
situation would worsen.
Bill Tynes- Mr. Tynes felt that the density was too high. He
stated that he felt the P & Z should review more extensively.
He stated that R-10 would be adequate for this property and
he was opposed to the Ordinance because of the density.
Jan Clinkenbeard- Mrs. Clinkenbeard presented a map for the
Knoll and stated that she felt it would be too dense as
Council Member Weidenberger- Council Member Neidenberger
stated that his concerns were about drainage. He stated that
it is heavily treed now but with the density that is proposed
could be a drainage problem for adjoining areas.
Mr. Nelson- Mr. Nelson stated that the drainage could be
handled with storm drains.
Council Member Dayton- Council Member Dayton stated that she
felt more study should be done on traffic and drainage. Sine
feels reluctant to zone for more special residential until
the Master Plan is completed.
Gene Aerstin- Mr. Aerstin stated that he felt the Knell was
too big for special residential. He felt that special
residential should be for specific tracts or buffering.
Mr. Tynes and Mr. Kemp, both members of tine P & Z agreed with
Mr. Aerst in.
Mr. Knight, Attorney for Independent American, stated that
because of the topography of the Knoll, it could be used in
different ways to enhance the area. He also stated that the
zoning for the Knoll was very important to Independent
American's lender for development financing.
Council Member Martignago stated that he felt it was
premature to zone the Knoll especially since members of the P
& Z have expressed reservations.
Council Member Dayton stated that she felt the Council was
being rushed into this zoning and would like to wait on the
Master Plan.
Council Member Doran made a motion to adopt the Ordinance as
written, Council Member,' Nei denberger seconded, motion carried
with Council Member's Dayton and Martignago opposing.
PRESENTATIONS BY COUNCIL
Mayor Pro Tem Vance stated that the C.I.A. was given a
proposal with a time -table for turning C.I.A. functions over,
to the City. The C. I.A. will review the plan and come back
with recommendations.
Council Member Doran the drainage in front of the Bl.ackaby's
property on Troon is worse than ever. The County had done
some work on the property but it has not eliminated the
problem. Mayor Carter, will follow up on the situation.
CONSIDERATION OF RESOLUTIONS/ORDINANCES FIRST READING
The City Secretary read the captions of two Ordinances to be
considered at the next regular Council meeting.
1. AN ORDINANCE ADOPTING STREET CONSTRUCTION AND DRAINAGE
STANDARDS.
2. AN ORDINANCE PROHIBITING THE US)E OF FIRE WORKS IN THE TOWN
LIMITS.
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CONSIDERATION OF ORDINANCES/RESOLUTIONS: SECOND READING
1. DEDICATION OF PARK LAND WITHIN THE TOWN LIMITS OF TROPHY
CLUB.
Mayor Pro Tem Vance made a motion to table the Ordinance
until the next meeting, Council Member Martignago seconded,
motion carried unanimously.
2. AN ORDINANCE MAKING PROVISIONS REQUIRING A SINGLE FAMILY
RESIDENCE LICENSE: PROVIDING A LICENSE FEE AND A REINSPECTION
FEE.
Council Member Doran made a motion to table the Ordinance
until the next meeting, Council Member Dayton seconded,
motion carried unanimously.
EXECUTIVE SESSION
The Council adjourned into Executive Session in accordance y
with Article 6252-17 V.A.T.C.S.
OPEN SESSION
No other business discussed.
ADJOURN
Council Member Martignago made a motion to adjourn, Council
Member Neidenberger seconded, motion carried unanimously.