Minutes TC 12/03/1985w
MINUTES OF PUBLIC HEARING
TOWN OF TROPHY CLUB
TROPHY CLUB, TEXAS
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
The Town Council and the Planning and Zoning Commission of
the Town of Trophy Club, held a Public Hearing on December 3,
1985 at the Municipal Utility District Building, 100 Water
Plant Road, Trophy Club, Texas. The Hearing was open to the
Public and held within the boundaries of the Town. The
following officers and members were present:
Jim Carter
Terry Vance
Bettye Dayton
George Doran
Aldo Martignago
Ted Neidenberger
Loren Alexander
Bruce Benton
Peter Reuss
Gene Aerstin
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Chairman, P & Z
Commission Member
Commission Member
Commission Member
Also present were members of the City staff:
Chris Casio
David Nolte
Donna Welsh
Attorney
Marshal
City Secretary
constituting a quorum, the meeting was called to order.
CALL TO ORDER
Mayor Carter called the meeting to order at 7:05PM.
The Invocation was led by Dr. Jimmy Mcleod.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Dr. Jimmy Mcleod.
PUBLIC HEARING TO DISCUSS THE FOLLOWING ORDINANCES:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING
REGULATIONS FOR A RESIDENTIAL -10,000 SQUARE FEET PLANNED
DEVELOPMENT DISTRICT; PROVIDING USE, HEIGHT, AREA AND
BUILDING AND PARKING REGULATIONS; PROVIDING FOR PLATTING;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE GUM OF 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 if anyone present would like to address
the Council or Planning and Zoning Commission on the proposed
Ordinance.
Mr. John Jacobs, 101 Pebble Beach, expressed concerns in two
areas:
1. Mr. Jacobs stated that the covenants he was given when he
moved into Trophy Club stated that the minimum square footage
in most areas was 2,000. He is concerned with the minimum
of 1,600 square feet addressed in Section 1.4 (c) of the
Ordinance.
Mr. Benton and Mr. Kemp, Commission Members stated that they
would like to see the minimum increased to 1,800 square feet.
Mr. Alexander stated that he had a problem with that since
the Commission had reviewed the Ordinance several times and
voted as a body to submit this Ordinance to the Council.
2. Mr. Jacobs was also concerned that no land has been
dedicated in Trophy Club for parks. Mr. Jacobs stated that he
felt the developers should commit to land for parks.
Mr. Alexander stated that park land cannot be dedicated in
these ordinances. He stated that the City will address that
issue through the Master Plan process. Mr. Alexander pointed
out that the developer promised 15 acres of land for a park
in a previous Council meeting.
Council Member Neidenberger made a motion to amend the
Ordinance adopting the following wording from the deed
restrictions for Sections 6,1,2, and Lake Forest Village:
TyQe of Structure
One story residences
One and one-half, two
story, and two and one-half
story residences
Residences situated on corner
Lots (without regard to num-
ber of stories)
Minimum Exterior Area
(in square feet)
Golf Course Lots All Other Lots
2,000 2,000
2,500 2,000
2,500 2,000
Also: With a minimum of 1,200 sq. ft. on the first floor.
Council Member, Dayton seconded the motion, motion car^r i ed
unanimously.
Mayor Pro Teri Vance made a motion to adopt the Ordinance as
written with the amendment, Council Member Mar^tignago
seconded, motion carried unanimously.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR
THE APPLICATION OF THE RESIDENTIAL 10,000 SQUARE FEET PLANNED
DEVELOPMENT DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN
THE TOWN OF TROPHY CLUB, TEXAS, BEING SECTION 13 OF TROPHY
CLUB LOCATED WEST OF J. T. t: I NG ROAD AND IN THE M. MEDL I N
SURVEY, ABSTRACT NUMBER 832 AND BEING APPROXIMATELY 26.143
ACRES, AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS
HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE
THOUSAND DOLLARS (1,000.00) AND A SEPARATE OFFENSE Si -TALL BE
DEEMED COMMI'T'TED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE.
Mayor Carter asked if anyone would like to speak concerning
the Ordinance.
Mr. John Jacobs, lot Pebble Beach, stated that he was
concerned with the traffic this new area would add to Indian
Creek. Mr. Jacobs asked the Council to address the problem of
another exit to Hwy. 114.
Mr,. Alexander stated that the Ordinance does riot address
traffic, only zoning for this particular area.
Mr. Woods, Independent American, stated that the problem was
being addressed and the developer, was well aware of the
pr,ob l em concerning an additional entrance.
Mr. Bruce Morey, 536 Indian Creek., stated that when he moved
in he was told that all of the homes around him would be
comparable. He is concerned with the site of the lots
addrwessed in this card i nar,ce.
Mayor Pro Tem Vance pointed out that the area regulations in
this ordinance are ver^y close to the deed restrictions and
covenants already i n place i n Trophy Club.
Mr. Woods pointed out that the price of the lots are such
that it would not be feasible to build a small home on.
Council. Member Martignago made a motion to adopt the
Or,d i nance as written, Mayer Pro Tem Vance seconded.
Council Member Neidenberger made a motion to amend the
Ordinance to require deed restrictions and covenants as part
of platting requirements prior to issuance of the building
permit, subject to review by the Planning and Zoning
Commission and the City Council. Council Member- Doran
seconded the motion, motion ion carried unanimously.
Mayer Carter asked for a vete on the motion to adapt the
Ordinance as written with the artiendment. The motion was
unanimous.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR
THE APPLICATION OF THE RESIDENTIAL -10,000 SQUARE FEET PLANNED
DEVELOPMENT DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN
THE TOWN OF TROPHY CLUB, TEXAS, BEING SEC"T"ION 15 OF TROPHY
CLUB LYING IN THE M. MEDLIN SURVEY, ABSTRACT NUMBER 832 AND
DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMI"T"TED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
Mayor Carter asked if anyone present would like to speak
concerning the Ordinance.
No Public comment.
Mr. Benton, Planning and Zoning Commission member, asked if
parks could be provided for in the platting requirements.
Mr. Alexander stated that the ordinance does not address
parrs but the Planning and Zoning Commission will have an
opportunity to address parks in the review process, such as
in the plat approval process.
Mayor Carter stated that a Park Land Dedication Ordinance
would be introduced at the December 9th meeting if the
developer has taken no action to provide for park land.
Council Member, Neidenberger made a motion to amend the
Ordinance to require deed restrictions and covenants as part
of the platting requirements prior to issuance of a building
permit, subject to review by the Planning and Zoning
Commission and approval of the City Council. Council Member
Mar^t i gna go seconded, motion carried unanimously.
Mayor Pro Tem Vance made a motion to adopt the Ordinance as
written, with the amendment, Council Member Martignago
seconded, motion carried unanimously.
NEXT ORDINANCE
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
LAKE DRIVE AND TROPHY CLUB DRIVE; PROVIDING SPECIFIC USE
PERMIT REGULATIONS FOR THE CHURCH USE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE
THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
Mayer Carter stated that he would like for Mayor Pro Teri
Vance to conduct the hearing on this ordinance since he is a
member of the Church requesting the zoning.
Mayor Promo Tem Vance asked if anyone would like to speak
concerning the proposed ordinance.
Mrs. Joanne Waddel, 1 Village Trail, stated that when her
family bought their home in Trophy Club they felt that the
property around them would be zoned residential. Mrs. Waddel
was concerned about parking for the Church, buffering,
property values and nightly functions the Church might have.
Mr. Alexander reviewed some of the development standards in
the ordinance dealing with buffering, height, parking
-regulations, building setbacks, etc. Mr. Alexander assured
Mrs. Waddel that the Commission and Council had reviewed this
Ordinance several times to make sure these areas were
covered.
Council Member Doran stated that at first he was skeptical
with the proposed church but the Commission and Council has
reviewed this Ordinance extensively and he feels this is a
good ordinance.
Mr. John Carter, E Round Rock Court, stated that he hoped the
Council would keep the minimum square footage in Village West
at 1,800. Mr. Carter also stated that he felt the Church
would be an asset to the Community and only enhance property
va 1 ues.
Mr. Dick Morey, representing First Baptist Church, passed out
revisions to the Ordinance that had been suggested by Freese
and Nichols. Mr. Morey stated that the Planning and Zoning
Commission as a body had not seen the revisions.
Mr. Alexander stated that the Commission recommended the
Ordinance to the Council. He stated that these two items
presented by Mr. Morey at the meeting are not in the
Ordinance but he felt they were in order.
Peter Reuss, 4 Straight Creek Court, stated that the property
between the proposed Church site and the elementary school
could be high density because of location. He felt that this
would hurt property values in the area. Mr. Reuss was also
concerned with this area becoming one of the highest traveled
in Trophy Club, and the fact that the Tennis Center serves
liquor, and would be close to the Church and School. Mr.
Reuss stated that he had no problem with the Church, but
would like the opportunity to review the proposed changes in
the Ordinance.
Council Member Neidenberger made a riot ion to table the
Ordinance until the December 16th meeting so the Commission
could review the changes or additions as a body, Council
Member Doran seconded, motion carried unanimously.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING
REGULATIONS FOR A COMMERCIAL PLANNED DEVELOPMENT DISTRICT;
PROVIDING FOR PERMITTED USES; PROVIDING FOR SPECIFIC USE
PERMITS; PROVIDING SCREENING REGULATIONS; PROVIDING FOR
CONFORMITY TO THE SIGN ORDINANCE; PROVIDING FOR MINIMUM LOT
SIZE AND YARD REQUIREMENTS; PROVIDING FOR MAXIMUM LOT
COVERAGE BY BUILDINGS AND STRUCTURES; PROVIDING FOR A MAXIMUM
HEIGHT FOR BUILDINGS AND STRUCTURES; ESTABLISH -ZING FOR OFF
STREET PARKING REQUIREMENTS; ESTABLISHING OFF STREET LOADING
REQUIREMENTS; PROVIDING FOR THE SUBMISSION AND REVIEW OF A
SITE PLAN; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF 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 if anyone would like to speak concerning
the Ordinance.
Mr. John Carter, E Round Rack Court, asked if anything was
definitely planned for the Commercial areas.
Mayor Carter stated that at this time there has been no
formal request on the property.
Mr. Ralph Kemp, 302 Oakmont, suggested that all land zoned
commercial in Trophy Club be designated by placing a sign on
it.
The Council made the following changes to the Ordinance:
-Page 1E Section A Number 3 should say: To protect adjacent
uses from light, noise, smoke, odors, or other nuisances, and
obstructions to light, air and visabi l ity.
-Page 5, 1.5, D should read: In all Districts where open
storage is permitted and the screening thereof is required,
thea such screening shall be provided around the exposed
perimeter thereof of eight feet in height and storage shall
riot be visible from Public view.
-Page 8, Section 1, should strike the words dance halls and
nightclubs.
-Page 8, Paragraph E should read: The surface and
construction of all parking lots shall be defined as
concrete.
Exhibit "A", Page 1, Section 14 should read: retail uses
other than Listed (indoor uses only).
Page 3, Paragraph C, Section (c) : Remove paragraph.
Page C, Paragraph i, line W: Change "Brow" to "grow".
Council Member Martignago made a motion to amend the
Ordinance with the above changes, Council Member Neidenberger
seconded, motion carried unanimously.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR
THE APPLICATION OF THE COMMERCIAL PLANNED DEVELOPMENT
DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF
TROPHY CLUB, TEXAS, BEING PROPERTY LOCATED NORTH OF STATE
HIGHWAY 114 AND EAST OF TROPHY LAKE DRIVE AND COMPRISING
APPROXIMATELY 13.962 ACRES, AND DESCRIBED MORE ACCURATELY
BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF' 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 if anyone would like to speak concerning
the Ordinance. There was no Public comment or changes to the
Ordinance.
Council Member Dayton made a motion to adopt the Ordinance as
written, Mayor Pro Tem Vance seconded, motion carried
unanimously.
NEXT ORDINANCE:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR
THE APPLICATION OF THE COMMERCIAL PLANNED DEVELOPMENT
DISTRICT" ZONING REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF
TROPHY CLUB, TEXAS, BEING PROPERTY LOCATED NORTH OF STATE
HIGHWAY 114 AND EAST AND WEST OF THE PROPOSED TROPHY WOOD
DRIVE AND COMPRISING APPROXIMATELY 54.4 ACRES AND DESCRIBED
MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
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 if anyone would like to speak concerning
the Ordinance.
There was no Public comment or changes to the Ordinance
At this point in the meeting, Barry Knight, Attorney for
Independent American, presented the Council with a letter
donating 15 acres of land for a park area.
Mayor Carter asked Mr. Knight where the land was located.
Mr. Knight stated that there was no specific location at this
time but that would be decided during the Master Plan
process.
Loren Alexander, Chairman of the Planning and Zoning
Commission, stated that this Ordinance, dealing with the 54.4
acres, was subject to 4 separate hearings by the Commission.
The Commission feels this is a good Ordinance.
Mayor Pro Tem Vance made a motion to adopt the Ordinance as
written; Council Member Martignago seconded, motion carried
unanimously.
Council Member Martignago made a motion to adjourn, Mayor Pro
Tem Vance seconded, motion carried unanimously.
These minutes are highlights of the Public Hearing. Tapes of
the Hearing are available at the City office.