Agenda Packet TC 01/05/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 5, 2009
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.1 Public Hearing to Consider an Amendment to PD – Planned Development
District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15
P&Z by amending Exhibit "B" - Development Standards, Section VI.
Development and Design Standards, Subsection "C" Screening and Fencing.
Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart
Development Company, LLC (PD AMD-08-029)
C.1 Discuss and take appropriate action regarding an Ordinance amending PD –
Planned Development District No. 27, known as The Highlands at Trophy Club,
Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards,
Section VI. Development and Design Standards, "C" Screening and Fencing.
Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart
Development Company, LLC (PD AMD-08-029)
C.2 Discuss and take appropriate action regarding a request for approval of a
Temporary Use Permit for Off Street Parking for Model Homes in Planned
Development No. 27, Neighborhood 2, Phase 1A, for a Period of time of not
greater than One Year. Applicant: Centex Homes
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C.3 Comments from Planning & Zoning Chairman Gene Hill regarding Planning &
Zoning Commission discussion and comment on changes to the Town of Trophy
Club Code Of Ordinances, Chapter 13-Zoning, including without limitation,
amending regulations regarding permitted uses for "CG" Commercial General
zoning and other miscellaneous provisions as needed of Chapter 13 (ADM-08-
029); Council discussion and appropriate action regarding same.
C.4 Discuss and take appropriate action regarding the 19 Proposed Charter
Amendments submitted by the Charter Review Commission for the May 2009
ballot.
1. Add One Councilmember
2. Change from At-Large to At-Large-by-Place Elections
3. Add Three Year Terms
4. Resignation of Council Member Seat
5. Add Violates Any Express Prohibition of this Charter
6. Filling Vacancies
7. Add Council Compensation
8. Add Mayor Voting On All Matters
9. Agenda Request
10. Conflict of Interest and Abstention Town Council Procedure
11. Clarify Appointment Procedure
12. Comply with Texas Election Code
13. Clarify Grounds for Recall
14. Reduce Recall Signatures Required
15. Reduce Required Signatures for Initiative and Referendum
16. Budget Process Enhancement
17. Franchise Term
18. Code of Ethics and Conduct
19. Charter Review Commission
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(lh)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.A.2
Invocation.
Lake Cities Church of Christ Pastor Joel Quile will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
Council member Edstrom will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.A.4
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
(lh)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.B.1
Public Hearing to Consider an Amendment to PD – Planned Development
District No. 27, known as The Highlands at Trophy Club, Ordinance No.
2007-15 P&Z by amending Exhibit "B" - Development Standards, Section VI.
Development and Design Standards, Subsection "C" Screening and
Fencing. Applicant: High Trophy Development, LLC Represented by Steve
Lenart, Lenart Development Company, LLC (PD AMD-08-029)
REQUEST: To amend the screening and fencing requirements for PD-27, The
Highlands at Trophy Club, to allow: (1) side yard fencing along a side street at a
location other than the building line, and (2) homeowner fencing to connect to perimeter
fencing.
Side Yard Fencing
The Town of Trophy Club fencing regulations require that side yard fences shall not
extend beyond the building line of the side yard adjacent to a side street. The applicant
is requesting a revision to allow fencing to be placed further away from the house which
will create a larger enclosed side yard for homeowners. For Lot Types 1 and 2 (lots
greater than 70-ft. in width), the applicant is asking permission to place the side yard
fence along a side street at 10-ft. off the property line. Of the 610 platted lots in the
Highlands, there are approximately 65 lots that would be affected by this regulation.
For Lot Types 3 & 4 (lots less than 70-ft. wide), the applicant is asking permission to
place the side yard fence at the property line. Of the 610 platted lots in the Highlands,
there are approximately 10 lots with a width at or below 70-ft. that would be affected by
this regulation.
Example – Side Yard Along a Side Street – 10-ft. off the Property Line
2214 Stirling, Lot 1, and 2217 Prestwick, Block J, Neighborhoods 3 & 4, Phase 1B.
The side yard fence must be placed at the 20-ft. side yard building line which leaves
31.5-ft. from the fence to the curb (20-ft. from the building line to the property line, plus
11.5-ft. of right-of-way from the property line to the curb). Placing the fence 10-ft. off the
property line will give the homeowner an additional 10-ft. of side yard inside the fence,
while still providing an attractive street scape with the fence 21.5-ft. off the curb.
(Pictures not provided of these addresses.)
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2240 Veranda, Lot 6, and 2201 Stirling, Lot 7, Block H, Neighborhoods 3 & 4, Phase
1B. The side yard fence must be placed at the 17.5 side yard building line which will
create a straight across fence from the back-corner of 2200 Stirling to the back-corner
of 2201 Prestwick. Placing the fence 10-ft. off the property line will give the homeowner
an additional 7.5-ft. of side yard inside the fence, breaking up the straight across line
house-to-house, and provide a street scape with fencing 21.5-ft. off the curb. (See
pictures below.)
2240 Veranda Avenue – looking east at back of house located at 2201 Stirling
Avenue
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2240 Veranda Avenue – looking west toward Veranda Avenue
The fence posts in the above picture are located on the building line as required by
ordinance.
The applicant is asking permission to place the fence 10-ft. off the property line (see
picture below).
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2201 Stirling looking west toward 2240 Veranda
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Side Yard Fencing – Key Lot
“Key Lot” – a lot whose side yard build lines will line up with front yard build lines of
adjoining lots – must maintain the fence at the building line.
Example – Key Lot
2208 Aberdeen, Lot 5, Block L, Neighborhoods 3 & 4, Phase 1B. The side yard fence
to remain at the 25-ft. side yard building line to maintain an attractive street scape for
adjoining lots located behind this house whose front build line (25-ft.) is the same as the
side yard build line (25-ft.) of the key lot. There are approximately 7 key lots throughout
the Highlands neighborhoods.
PLANNING AND ZONING COMMISSION RECOMMENDATION FOR SIDE YARD
FENCING: At the December 18, 2008, Planning and Zoning Commission meeting, the
Commission discussed side yard fencing and determined that a change should be
allowed to place fencing 10-ft. from the property line from the current regulation of
placing the fence on the build line. The Planning and Zoning Commission recommends
that all lot types (1 through 4) place the fence 10-ft. from the property line (designated
by the middle sign in the above picture).
The applicant’s request asked for fencing on a key lot to remain at the build line. The
Planning and Zoning Commission’s recommendation does not make exception for key
lots.
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The applicant’s request asked for fencing for Lot Types 3 & 4 to be allowed on the
property line. The Planning and Zoning Commission’s recommendation does not make
exception for Lot Types 3 & 4. Although the Planning & Zoning Commission
recommends no exception for Lot Types 3 & 4, the applicant is asking the Council to
consider allowing fencing at the property line for Lot Types 3 & 4.
The applicant has provided the following Exhibit to illustrate his request that Lot Types 1
and 2 side fencing along a side street be placed 10-ft. off the property line. The Lot
Type 3 and 4 side street fencing would be placed at the property line.
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PERIMETER FENCING
Lots in the Highlands with side yards adjacent to perimeter fencing face a situation
where a side yard fence cannot be erected without creating a parallel fence situation,
which is not allowed by Town of Trophy Club fencing regulations.
Chapter 13-Zoning, Section 7.01 Fencing, Retaining Walls & Screening, C. Location,
3.Parallel Fences states: “Fences shall not be constructed parallel to and within twenty
feet (20’) from an existing fence”.
The applicant requests that homeowners be allowed to connect to a perimeter fence
along the side yard. The connecting fence from homeowner structure to fence must be
located a minimum of ten feet (10-ft.) behind the front elevation of the primary structure.
The HOA will maintain the perimeter fence; the homeowner will maintain his fence
connecting to the perimeter fence.
In the example pictured below, the perimeter fence is adjacent to open space and is
located on a 5-ft. fence easement. The homeowner’s side yard property line runs
parallel beside the 5-ft. fence easement; therefore, if the homeowner erected a side
yard fence it would be within a few feet of the perimeter fence. The applicant is asking
permission to use the perimeter fence as the homeowner’s side yard fence by enclosing
the yard with a “connector” fence from the house to the perimeter fencing as shown
below.
2205 Galloway Blvd.
PLANNING AND ZONING COMMISSION RECOMMENDATION FOR PERIMETER
FENCING: At the December 18, 2008, Planning and Zoning Commission meeting, the
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Commission discussed and determined that homeowner fencing connected to perimeter
fencing should be allowed.
PUBLIC HEARING: Town of Trophy Club regulations require placement of a notice of
public hearing in the local newspaper 15 days prior to the hearing date. A notice was
published on November 28, 2008 for the December 18, 2008, P&Z meeting.
PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and
Zoning Commission heard this request on December 18, 2008, and made the following
recommendation:
Commissioner Sheridan made a motion recommending approval to the Town Council
with the following stipulations: (1) Define a “key lot” as “any lot which has a street
adjacent to both its front and side building lines, and its rear property line is also the
side property line of an adjacent lot”; (2) the side yard fence adjacent to a side street for
Lot Types 1, 2, 3 and 4 may be placed 10-ft. off the property line, and must be 10-ft.
behind the front façade; (3) homeowners may connect to perimeter fencing and the
property owner fence must be located a minimum of ten feet (10-ft.) behind the front
façade. The HOA will maintain the perimeter fencing; the homeowner will maintain his
fence connecting to the perimeter fencing. The motion was seconded by Commissioner
Stephens.
The Planning and Zoning Commission does not recommend exception for key lots or
Lot Types 3 & 4.
Ayes: Hill, Reed, Davidson, Forest, Sheridan, Stephens
Nays: None
Action: 6-0, Approved
Attachments: Application
Public Hearing Notice
Examples of Lots Affected by Fencing Change – NHs 1, 2, 3, 4, 5, 9 - Ordinance
No. 2008-XX P&Z
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Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, December 18, 2008
TOWN COUNCIL
Monday, January 5, 2009
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, December 18, 2008, to consider an amendment to
Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD
Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit
“B” Development Standards to allow homeowner fencing to connect to perimeter
fencing; to allow side fencing along side streets to be placed closer than on the build
line to the side street; to allow privacy fencing along the rear of lots in Neighborhood 1
that align along the ditch between the homes and the high school; and other
miscellaneous requested changes as deemed necessary.
The Town Council will hear the above item on January 5, 2008, in the Boardroom of the
Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
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Highlighting indicates lots with side yards along side streets and/or adjacency to
perimeter fencing.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z
OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP
OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT A
CHANGE TO EXHIBIT “B” ENTITLED “DEVELOPMENT
STANDARDS”, SECTION III. “DEFINITIONS”, AND SECTION VI.
“DEVELOPMENT AND DESIGN STANDARDS”, “C. SCREENING AND
FENCES” AS MORE FULLY DESCRIBED HEREIN BELOW;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING
SEVERABILITY; 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. (PD AMD-08-029)
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z
amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No. 27,
known as The Highlands at Trophy Club (hereinafter “PD No. 27”); and
WHEREAS, the Developer wishes to add a definition for “Key Lot”; and
WHEREAS, the Developer wishes to add Items 3 and 4 to Section C.
“Screening and Fences”; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to amend PD No. 27 came before the Planning and Zoning Commission;
and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
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those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Ordinance No. 2007-15 P&Z as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before Town Council at which the Town Council considered
the proposed amendments and considered, among other things, the impact of the
proposed amendments on density, the character of the land and its suitability for
particular uses, with a view of encouraging the most appropriate use of land in the
Town, and does hereby find that the adoption of the amendments hereby accomplishes
such objectives; and
WHEREAS, the Town Council has determined that there is a necessity for the
amendments to Ordinance No. 2007-15 P&Z, and the Town Council has determined
that this Ordinance should be adopted, that the proposed change is consistent with the
Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those
terms contained in Ordinance No. 2007-15 P&Z in their entirety except as may be
specifically set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PD No. 27, Section III. DEFINITIONS of Exhibit “B” entitled
“Development Standards,” is hereby amended as follows to add a definition for “Key
Lot” to be placed in alphabetical order as part of the existing list of definitions with all
other definitions remaining the same and all other articles, chapters, sections,
paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed:
“III. DEFINITIONS
Key Lot: Any lot which has a street adjacent to both its front and side building lines, and
its rear property line is also the side property line of an adjacent lot.”
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2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being
the Town's PD No. 27, Section VI. DEVELOPMENT AND DESIGN STANDARDS, C.
Screening and Fences is hereby amended to add subsections 3 and 4 so that Section
VI, C shall be and read in its entirety as follows, and all other articles, chapters,
sections, paragraphs, sentences, phrases and words are not amended but are hereby
ratified and affirmed:
“C. Screening and Fences: All development within The Highlands at Trophy
Club Planned Development District shall comply with Section 45 of the
Town of Trophy Club Zoning Ordinance in effect at the time of Town
Council approval of this ordinance, with the following modifications:
1. Fencing on corner lots facing side streets shall be enhanced
wooden fences (board-on-board or other design, with a top cap).
All enhanced fencing within any neighborhood shall be consistent,
and shall be approved with the Detailed Site Plan.
2. Fencing facing open space, parks, floodplain, or flowage easement
shall be wrought iron (or tubular steel) as required by Town
Ordinance, with the exceptions of the following that may be solid
wood fencing:
a) Facing gas well sites.
b) Facing active use park areas (ball fields, swim center,
neighborhood center, etc.)
c) Facing other areas specifically approved at the time of Detailed
Site Plan.
3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a
side street for Lot Types 1, 2, 3 and 4 shall be located 10-ft. from
the property line, and must be 10-ft. behind the front façade; no
differential for key lots.
4. Side yards adjacent to perimeter fencing may connect to the
perimeter fencing and the side yard fence must be located a
minimum of ten feet (10-ft.) behind the front façade. The HOA will
maintain the perimeter fencing; the homeowner will maintain his
fence connecting to the perimeter fencing.”
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SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the PD No. 27 and shall not repeal any of the provisions of such Ordinances
except in those instances where provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance; whether such Ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club,
codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain
in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Ordinance has been initiated or
has arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall
be deemed to remain and continue in full force and effect.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) and not more than Two
Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
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SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 5th day of January, 2009.
_____________________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding an Ordinance amending PD
– Planned Development District No. 27, known as The Highlands at Trophy
Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development
Standards, Section VI. Development and Design Standards, "C" Screening
and Fencing. Applicant: High Trophy Development, LLC Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD-08-029)
(ch)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding a request for approval of a
Temporary Use Permit for Off Street Parking for Model Homes in Planned
Development No. 27, Neighborhood 2, Phase 1A, for a Period of time of not
greater than One Year. Applicant: Centex Homes
Centex Homes requests permission to build a model home parking lot at 2406 Trophy
Club Drive, Lot 4, Block BB, Neighborhood 2, Phase 1A. The parking lot will provide
parking for the model home that will be built at 2408 Trophy Club Drive.
This type of request must be heard by the Planning and Zoning Commission for
recommendation to the Town Council. The builder must eventually remove the parking
lot, restoring the lot to a buildable single family home lot as originally shown on the
Neighborhood 2, Phase 1A plat.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
A. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
14. Off street parking for Model Homes in residential districts, provided
on one lot which complies with all setback requirements of the
district in which it is located for a time period of not greater than one
year. However, such temporary use may be renewed annually.
…
Annual Extensions of the temporary use permit may be issued by the
Zoning Administrator upon written request by the applicant.
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Setbacks: Neighborhood 2, Phase 1A of The Highlands of Trophy Club Planned
Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is
proposed on Lot 4, Block BB, which is a Lot Type 2, with the following setback
requirements:
Front Yard: 25 feet minimum
Rear Yard: 25 feet minimum
Side Yard: 7.5 feet minimum
The applicant has complied with all required setbacks.
Parking Requirements: Town regulations require each parking space to be nine feet
(9’) by eighteen feet (18’) for each angular head-in parking space. The applicant has
met this requirement.
Town parking regulations also specify the following: “The number of spaces required
shall serve residents, customers, patrons, visitors and employees.” The applicant is
providing 8 spaces and two handicap-accessible spaces. Staff believes this is an
adequate number of parking spaces for this use.
Parking Facilities Construction: Town regulations require that parking facilities be
constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be
5” for general parking. The applicant must obtain a building permit and comply with
materials and inspection requirements.
Landscaping: Town of Trophy Club Landscaping Regulations require the following:
D. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
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5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two trees for
the herein minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant is proposing Dwarf Buford, Indian Hawthorn, and flats of seasonal color
on both sides of the concrete drive, three wax myrtles on the site, and Dwarf Buford
along the rear of the parking lot. All will be irrigated.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission heard this request on December 18, 2008, and made the following motion:
Commissioner Reed made a motion recommending approval to the Town Council. The
motion was seconded by Vice Chairman Stephens.
Ayes: Hill, Reed, Davidson, Forest, Sheridan, Stephens
Nays: None
Action: 6-0, Approved
(ch)
Attachments: Application and Memo from Applicant
Plot Plan
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.3
Comments from Planning & Zoning Chairman Gene Hill regarding Planning
& Zoning Commission discussion and comment on changes to the Town of
Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without
limitation, amending regulations regarding permitted uses for "CG"
Commercial General zoning and other miscellaneous provisions as needed
of Chapter 13 (ADM-08-029); Council discussion and appropriate action
regarding same.
PURPOSE: To review uses of Commercial General (“CG”) zoning regulations and
provide comment to Town Council.
STAFF SUMMARY: At the September 22, 2008, Town Council meeting, Mayor Pro
Tem Sterling requested that the Town Manager initiate a review of the appropriate uses
of CG Zoning regulations. Brandon Emmons, Town Manager, directed staff to take a
review of the CG zoning regulations to the Planning and Zoning Commission for
discussion and comment.
The Planning and Zoning Commission were informed that Mayor Pro Tem Sterling and
other Council members would like the Planning and Zoning Commission to discuss and
consider whether or not a pawn shop is an appropriate use in CG zoning in the Town of
Trophy Club. The Commission is asked to consider whether or not a pawn shop should
be a “conditional” use rather than a “permitted” use. The Council asked that the
discussion include “excluding” as well as “conditional”. The Council also directs the
Planning and Zoning Commission to review all of the uses for Commercial General and
provide comment.
PLANNING AND ZONING COMMISSION SUMMARY: Planning and Zoning
Commission Chairman Gene Hill will provide comment to the Council including the
Commission’s recommendation that the “P” permitted use be removed from “Pawn
Shop”. The Commission recommends having a workshop session to discuss and
review all “CG” uses. A public hearing can then be held to consider make the
recommendations a permanent part of the Town Code of Ordinances.
Attachments: Commercial General Regulations
Permitted Use Tables
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding the 19 Proposed Charter
Amendments submitted by the Charter Review Commission for the May
2009 ballot.
1. Add One Councilmember
2. Change from At-Large to At-Large-by-Place Elections
3. Add Three Year Terms
4. Resignation of Council Member Seat
5. Add Violates Any Express Prohibition of this Charter
6. Filling Vacancies
7. Add Council Compensation
8. Add Mayor Voting On All Matters
9. Agenda Request
10. Conflict of Interest and Abstention Town Council Procedure
11. Clarify Appointment Procedure
12. Comply with Texas Election Code
13. Clarify Grounds for Recall
14. Reduce Recall Signatures Required
15. Reduce Required Signatures for Initiative and Referendum
16. Budget Process Enhancement
17. Franchise Term
18. Code of Ethics and Conduct
19. Charter Review Commission
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. (19) Proposed Charter Amendments from CRC
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19 Proposed Charter Amendments from CRC
** Items for which there was a Council consensus to move forward for placement
on the November 2008 ballot
1) Add One Councilmember
• Rationale: Increases Council’s combined intelligence quotient, and enhances the
quality of Council’s output while diluting the influence of a single voice. Decatur,
Roanoke, Southlake, Colleyville, Grapevine, Flower Mound and Denton
(cumulative population 222,464) all have six Councilmembers and a Mayor.
Places Council composition in the center of the membership range recommended
by NCL.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**2) Change from At-Large to At-Large-by-Place Elections
• Rationale: Place gives a candidate the ability to run directly against an incumbent,
increasing direct accountability from those elected. Place increases the number of
races per election, and potentially reduces campaign costs. Place eliminates
unused votes: i.e., the necessity to prioritize votes and only vote for one person
when three votes are available with three open seats. Place utilizes plurality
voting in this two year application. Place is used by Decatur, Roanoke, Keller,
Southlake, Colleyville, Grapevine, Flower Mound and Denton (249,809). 87% of
Texas Home Rule cities utilize a place system (TML THRC).
• Commission Vote: _6_ in favor _2_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**3) Add Three Year Terms
• Rationale: Three year terms afford more efficiency in the election process,
learning and service as a Council member. Roanoke, Southlake, Colleyville,
Grapevine, Euless and Bedford have three year terms (179,181). Three year
terms are a step toward the NCL standard of four years.
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• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**4) Resignation of Council Member Seat
• Rationale: Eliminates cost of follow-on election if candidate is successful in
election to new position. Similar to the requirement set forth in the Texas
Constitution for terms greater than two years.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
5) Add Violates Any Express Prohibition of this Charter
• Rationale: Improves probability of Charter adherence by moving the action point
for enforcement of an expressly prohibited Charter violation from a citizen driven
recall to Council action. Immediate access to investigative powers is enhanced at
Council level. Found in Decatur, Southlake and Flower Mound charters. Follows
NCL MCC guidance.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**6) Filling Vacancies
• Rationale: Updates the filling of vacancies procedure to align with the Texas
Constitution and Texas Election Code. The Mayor Pro-Tem office is an important
backup to the Mayor and should be promptly filled if vacated.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
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**7) Add Council Compensation
• Rationale: Significantly increased workload with budget and Town development.
Municipal Utility Directors have been compensated for several years. Roanoke
compensates its Council in its new charter. Council members are compensated
throughout Texas.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
8) Add Mayor Voting On All Matters
• Rationale: The Mayor votes on all issues in Fort Worth, Dallas, Decatur,
Southlake, Colleyville, Grapevine, Euless, Bedford and Denton (1,985,383).
National survey figures show 70% of Mayors vote on all matters. Follows NCL
MCC guidance and may enhance the Mayor’s ability to lead. TML’s THRC states,
council-manager cities generally give their mayors the unrestricted right to vote.
• Commission Vote: _6_ in favor _2_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
9) Agenda Request
• Rationale: Allows better utilization of Council time. Prevents a single member
from monopolizing the Council agenda with a personal issue or issues without the
known potential of a second on a motion.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
10) Conflict of Interest and Abstention Town Council Procedure
• Rationale: Aligns with most recent Texas charters. Encourages preparation and
engagement in the decision making process. Removes the availability of the
“politically safe” abstention vote.
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• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**11) Clarify Appointment Procedure
• Rationale: Removes a potential conflict within the Charter and aligns
appointments with voting requirements found in Section 3.12.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**12) Comply with Texas Election Code
• Rationale: Aligns Charter with Texas Election Code and eliminates updating the
Charter when Texas Election Code is revised.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**13) Clarify Grounds for Recall
• Rationale: Removes limitations and duplicates the power given to citizens of
Dallas, Fort Worth, Denton, Colleyville, Euless, Decatur and Southlake
(1,896,172). Follows NCL MCC guidance.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
14) Reduce Recall Signatures Required
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• Rationale: Increases availability of option to hold elected representatives
responsible and accountable by reducing the barrier for initiation, while remaining
within NCL standards.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
15) Reduce Required Signatures for Initiative and Referendum
• Rationale: More closely aligns Council with comprehensive citizen positions.
Increases availability of Initiative and Referendum by the citizens while
maintaining the threshold at a level that will discourage capricious citizen-initiated
actions. NCL recommends 5-10% of the registered voters in the last election.
Using “registered voters” rather than “voters in the last election” provides a more
stable number and standard for action.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
16) Budget Process Enhancement
• Rationale: Firm milestones require the establishment of Council’s goals early in
the budget process and costs of service are compared with a representative
sample of North Texas cities. Program and performance budgeting was
adopted by the Texas Legislature for all departments within the State government.
Fully adopts the NCL’s MCC guidelines for the program/performance budgeting
concept initiated in Trophy Club’s Charter.
• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
**17) Franchise Term
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• Rationale: Enhances Council’s latitude to respond in a manner most beneficial to
the Town.
• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
18) Code of Ethics and Conduct
• Rationale: Ethics provisions are included in the most recent Texas charters and in
current charter revisions. Follows NCL MCC guidance; “Ethics provisions foster
public trust in the integrity of city government and serve as a check on improper or
abusive behavior by city officials and employees”.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
19) Charter Review Commission
• Rationale: Requiring the establishment of a citizen Commission at intervals no
greater than every four years ensures Charter currency and perspective, while
reinforcing citizen ownership of the Charter. Charter amendments processed
through a citizen commission are more thoroughly vetted than individual petitions,
thereby ensuring Charter continuity and a professional product. The Charter may
be amended at two year intervals by State law. Follows TML’S THRC
Commission example.
• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
Council Vote: For:
Against:
Abstentions:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.5
Discuss and take appropriate action to place an item on the May 2009 ballot
for voter consideration of a land swap of a 0.11 acre tract of land owned by
the Town and part of Harmony Park for a 0.18 acre tract of land owned by
Centurion American and adjacent to Harmony Park.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Exhibits
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding the disposition of "Child
Safety Funds" for various programs.
EXPLANATION:
The Texas Transportation Code authorizes the assessment of a fee as part of the motor
vehicle registration process to be used for child safety. The Town has a balance in
excess of $31,000 in our Child Safety Fund. We are proposing to use these funds for
five projects that will help enhance the safety of our children. These programs are: Bike
Training Program, Bicycle Rodeos, Crossing Guard Program, School Zone
Enforcement, and TLETS for SRO.
RECOMMENDATION:
Staff recommends approval
ACTION BY COUNCIL:
(bse)
Attachments: 1. Memorandum from Chief Kniffen
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.7
Discuss and take appropriate action regarding a Resolution approving an
Interlocal Agreement between the Town and Tarrant County Emergency
Services District No. One to provide fire protection and related services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Town of Trophy Club Resolution
2. Tarrant County Emergency Services Contract
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AN
INTERLOCAL AGREEMENT (MUTUAL AID) FOR FIRE
PROTECTION, FIRE RESCUE AND FIRST RESPONSE
FOR EMERGENCY MEDICAL SERVICES WITH THE
TARRANT COUNTY EMERGENCY SERVICES DISTRICT
NO. ONE; AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF
OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other to
perform government functions and services, such as those that serve the public health
and welfare; and
WHEREAS, Tarrant County Emergency Services District No. One (“The
District”), is a special district within the meaning of the Interlocal Cooperation Act, and is
therefore an entity with which the Town may contract; and
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and the
District providing terms and conditions for certain mutual aid fire services to be provided
by the Town to the District, a substantial copy of which is attached hereto as Exhibit “A”
and incorporated herein by reference (hereinafter called “Agreement”); and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the
opinion that the execution of the Agreement serves a valid public purpose, that all funds
necessary to pay for the services shall be paid out of current revenue legally available
to the parties to the Agreement and shall not exceed the amount budgeted therefore in
the current fiscal year budget, that the terms and conditions of the Agreement should be
approved, and that the Mayor or his designee should be authorized to execute the
Agreement on behalf of the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”)
does hereby approve and agree to enter into an agreement with the Tarrant County
Emergency Services District No. One. A true and correct copy of the Agreement is
attached hereto and incorporated herein as Exhibit “A”.
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Section 2. The Mayor or his designee is hereby authorized, empowered and
directed to execute the Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 5th day of January, 2008.
______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.8
Receive a progress report on the Highlands of Trophy Club Public
Improvement District #1, Council discussion and appropriate action
regarding same.
EXPLANATION:
A substantial portion of the public improvements for the Highlands at Trophy Club PID
#1 is nearing completion. The purpose of this item is to provide a progress report for all
of the funded items, whether completed, under construction, or proposed.
RECOMMENDATION:
No action is recommended.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Comprehensive Total with breakdown
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.9
Consolidation Task Force Committee Report
A.) Progress to date from prior two meetings.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.10
Town Manager Report
A.) Update on Land Acquisition for Fire Station
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.C.11
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
1. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive
and consideration of improvements for area to create a linear park. (Mayor
Sanders - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east side
and conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with or
without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and take appropriate action real estate signs and their placement on
Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign
Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at
8/18/08 Council Meeting)
6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-5-2009
Subject: Agenda Item No.D.1
Adjourn.
(lh)
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