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Minutes P&Z 01/18/1994 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/TOWN COUNCIL MEETING TROPHY CLUB, -1 EAX t'\ S JANUARY 18, 1994 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing with the Planning and Zoning Commission on Tuesday, January 18, 1994. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Mayor Pro Tem Cotton Moore Council Member Patti Stoltz Council Member Planning and Zoning Commission Members Present: Mike Hamper Tom Mayfield eld I Bob Paige Roger Williams Chairman Commissioner Commissioner Commissioner Commissioners Booker, Cotton, and Schaaf were not able to attend. Also present were guests and staff members: John Hill Dan Bou-Clwell Pauline Shaw Karen Sadri Bill LeGrand Judge Jeff Moseley Hap Baggett Willard French Town Attorney Town Planner Director of Planning & Zoning Town Secretary Director irector of Public Works Denton County Judge Vice -President, Beck Properties, Inc. Justice of the Peace Candidate Staff members not able to attend were: Donna Welsh, Don Franklin, and Jack Jacobs. CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, guests, and staff. Page 2, Joint Public Hearing/Town Council Meeting, 01/18/94 INVOCATION An invocation was given by Finance Committee Director, John Carter. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Planning and Zoning Commissioner, Bob Paige. JUDGE JEFF MOSELEY TO PRESENT "STATE OF THE COUNTY" ADDRESS Judge Moseley presented a very positive and encouraging outlook for Denton County. He was enthusiastic about the new employment opportunities (Alliance Airport and Federal Express), low unemployment, a slight tax reduction, recreational growth, and overall economic stability. His major concern was the continual added jail and corrections burden. For the future he sees the County taking the lead of the twenty-one county 1-35 Corridor Coalition. PUBLIC HEARING TROPHY CLUB TOWN COUNCIL TO CONDUCT A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION TO CONSIDER THE FOLLOWING: A. REZONING OF A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: BEING GENERALLY DESCRIBED AS THE CLUB AT TROPHY CLUB, TROPHY CLUB, TEXAS, INCLUDING THE GOLF CLUB HOUSE, GOLF COURSE AND ALL OTHER PARTS OF THE CLUB AT TROPHY CLUB, AND CONTAINING 294.6631 ACRES OF LAND, AND AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, BY GRANTING ON THE SAID TRACT, CURRENTLY ZONED CR -COMMERCIAL RECREATION, A CONDITIONAL USE PERMIT FOR THE ON -PREMISE SALE, SERVING, CONSUMPTION, STORAGE AND/OR POSSESSION OF ALCOHOLIC BEVERAGES, AS AUTHORIZED BY SECTIONS 34 (SALE OF ALCOHOLIC BEVERAGES) AND 42 (CONDITIONAL AND SPECIAL USE) OF THE COMPREHENSIVE ZONING ORDINANCE, IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 91-01, PROVIDING AN EFFECTIVE DATE. B. COBBLESTONE TEXAS INC.'S (OWNERS OF THE CLUB AT TROPHY CLUB) REQUEST FOR A CONDITIONAL USE PERMIT FOR THE ON - PREMISE ALCOHOLIC SALES IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE 91-01. Mayor Pro Tem Hill made a motion to approve calling a joint public hearing regarding the rezoning of certain tract of land generally described as The Club at Trophy Club; granting Page 3, Joint Public Hearing/Town Council Meeting, 01/18/94 a Conditional Use Permit for on -premise Ise sale of alcoholic beverages as authorized by the Town's Comprehensive Zoning Ordinance. Council Member Glaspell seconded; motion passed unanimously. Chairman Hamper of the Planning and Zoning Commission opened that meeting noting a quorum was present. Commissioner Paige made a motion to open the Joint Public Hearing. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to open the Joint Public Hearing for the Town Council. Council Member Englebeck seconded; motion passed unanimously. Town Planner, Dan Boutwell, recommended the applicant's request be granted since the site plan and legal description adequately met the Conditional Use Permit requirements. After some discussion Chairman Hamper's concerns were alleviated by Town Planner Boutwel 1 , Town Attorney H i 11 , and Beck Properties, Inc. representative, Hap Baggett, that this Conditional Use Permit will contain the same regulations as the previous private club's permit. Commissioner Williams noted the need of using the legal name, The Club at Trophy Club, in the ordinance. Attorney Hill will make those corrections and reissue a new ordinance. Public Works Director, Ms. Pauline Shaw, commended Beck Properties, Inc. for voluntarily applying for permits and meeting ordinance standards. Citizen Y. O. Boychuk, 223 Oak Hill Drive, questioned the necessity of a Conditional Use Permit, if a walk-in could purchase liquor, and if the zoning will remain CR -Commercial Recreation. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. Commissioner Williams made a motion to close the Joint Public Hearing. Commissioner Mayfield seconded; motion passed unanimously. Mayor Pro Tem Hill then made a motion to close the Joint Public Hearing. Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01 OF Page 4, Joint Public Hearing/Town Council Meeting, 01/18/94 THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: BEING GENERALLY DESCRIBED AS THE CLUB AT TROPHY CLUB, TROPHY CLUB, TEXAS, INCLUDING THE GOLF CLUB HOUSE, GOLF COURSE AND ALL OTHER PARTS OF THE CLUB AT TROPHY CLUB, AND CONTAINING 294.6631 ACRES OF LAND, AND AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, BY GRANTING ON THE SAID REAL PROPERTY (ZONED CR - COMMERCIAL RECREATION) A CONDITIONAL USE PERMIT FOR THE ON - PREMISE SALE, SERVING, CONSUMPTION, STORAGE AND/OR POSSESSION OF ALCOHOLIC BEVERAGES, AS AUTHORIZED BY SECTIONS 34 (SALE OF ALCOHOLIC BEVERAGES) AND 42 (CONDITIONAL AND SPECIAL USE) OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Commissioner Paige made a motion to recommend that the Town Council grant the Conditional Use Permit with the addition of private club added to the text of the Ordinance and to include the legal name, The Club At Trophy Club. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill then made a motion to accept the recommendation from the Planning and Zoning Commission with the stated amendments. Council Member Glaspell seconded; motion passed unanimously. Chairman Hamper asked that the joint meeting be closed. Commissioner Paige made a motion to adjourn the Planning and Zoning Commission meeting at 7:35 p.m. Commissioner Williams seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING THE DEDICATION OF PARK LAND TO THE TOWN CONCURRENT WITH SUBDIVISION PLAT APPROVAL, PROVIDING FOR PAYMENT IN LIEU OF SUCH DEDICATION AND A PROCEDURE FOR DETERMINING FAIR MARKET VALUE OF LAND; PROVIDING THE CHARACTER AND MINIMUM AREA OF DEDICATED LAND; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; REPEALING ORDINANCE NO. 87-09 AND NO. 86-30 RELATING TO THE DEDICATION OF THE PARK LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. After suggesting that independent appraisals determine fair market value, Council Member Glaspell made a motion to adopt the ordinance as stated. Council Member Engelbeck seconded; motion passed unanimously. Page 5, Joint Public Hearing/Town Council Meeting, 01/18/94 CONSENT AGENDA Mayor Carter asked if any member of the Town Council wished to remove any item from the Consent Agenda for full discussion. No request was made to remove any item. However, Mayor Pro Tem Hill requested a slight amendment to the minutes under the " PRESENTATIONS BY CITIZENS" item to include the date December 3, 1993. Council Member Engelbeck then made a motion to approve the Consent Agenda Items as amended. Mayor Pro Tem Hill seconded; motion passed unanimously. The approved items are as follows: A. Minutes of the December 7, 1993 Council Meeting. B. Financial Reports Ending il/30/93 C. Financial reports ending 12/31/93 TOWN COUNCIL TO CONSIDER GRANTING THE PROPOSED PETITION ALLOWING FOR RURAL LOCAL SB 632 FOR THE TOLL-FREE CALLING AREA OF SMALL TOWNS TO CALL TOLL-FREE WITHIN 22 MILES OR 50 MILES. Public Works Chairman, Nestor Karlis, presented research for Rural Local calling. He was concerned that the Town could lose some of its present advantages. Council Member Glaspell made a motion to table the proposed petition until the resolution is received. Mayor Pro Tem Hill seconded; motion passed unanimously. Mayor Carter then asked that the resolution be placed on the next council meeting agenda. TOWN COUNCIL TO CONSIDER GRANTING THE PURCHASE OF A SOFTWARE SYSTEM "BUILDING BLOCKS" FOR PERMIT DEPARTMENT AND TAKE APPRO PRIATE ACTION. After discussing the inclusion of a laser printer in the software package, Mayor Pro Tem Hill made a motion to grant this purchase as originally requested. Council Member Moore seconded; motion passed unanimously. PRESENTATIONS BY CITIZENS Mayor Carter recognized Willard French, candidate for Justice of the Peace of Precinct 4. After Mr. French read his press release promoting a satellite JP office, he wanted Trophy Club residents to be assured that the Roanoke JR office will Page 6, Joint Public Hearing/Town Council Meeting, 01/18/94 remain where its been. Beck Properties, Inc. Vice -President, Hap Baggett, reiterated their desire to cooperate more than is expected by the Town. Current projects include home construction, a fourth 9 hole golf course, and a master plan development with Trophy Club Joint Venture. Mr. Baggett stated a letter would be forth- coming to request 2 tracts of land ( 4.8 and 3.2 acres) be annexed into the Town of Trophy Club and an easement through the residential property at the end of Trophy Wood will be given to the Town for an East Entrance. STAFF AND COMMITTEE REPORTS Finance Committee Chairman, John Carter, reported that the Committee met last week and commended the staff for the first quarter financial standings. He also recommended the Town Council approve those statements. Public Works Director, Ms. Pauline Shaw, informed the Council that bids for street repairs have been issued. No other Committees had reports. PRESENTATIONS BY COUNCIL The Council had no presentations but wanted to commend the Public Works Committee for their work on the recycling program. EXECUTIVE SESSION The Town Council adjourned into Executive Session at 8:29 p.m. to discuss and consider committee appointments to the Public Works Committee. OPEN SESSION Council reconvened into open session at 8:37 p.m. Council Member Engelbeck made a motion to approve the committee appointments of Allen Bush and Greg Webb with Glenn Carlson as an alternate. Mayor Pro Tem Hill seconded; motion passed unanimously. ADJOURN Mayor Pro Tem Hill made a motion to adjourn the meeting at 8:40 p.m. and to meet again on Tuesday, February 15, 1994. Council Member Glaspell seconded; motion passed unanimously. Page 7, Joint Public Hearing/Town Council Meeting, 01/18/94 RECORDING SECRETARY PLANNING AND ZONING CHAIRMAN PLANNING AND ZONING SECRETARY