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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.