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Minutes P&Z 02/16/1993 - Joint Public HearingMINUTES OF PUBLIC HEARING/TOWN COUNCIL MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Public Hearing with the Planning and Zoning Commission, followed by a regular council meeting on Tuesday, February 16, 1993. The meeting was held within the boundaries of the Town and was open to the public. Town Council: Jim Carter Mayor Gene Hill Mayor Pro Tem Marshall Engelbeck Council Member Doug Glaspell Council Member Cotton Moore Council Member Patti Stoltz Council Member Planning and Zoning Commission: Mike Hamper Janet Kardish Charles Kirby Bob Paige David Schaaf Roger Williams Vance Booker Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Also present were members of the Town staff: Donna Welsh Town Manager Cindy Kelly Town Secretary Pauline Shaw Director of Public Works Dan Boutwell Town Planner John Hill Town Attorney Other guests and speakers present: Fred Balda Tom Watson Ron White Ottis Lee Joe Bergeron Vernie Henderson Ronnie Roark Hillwood Development Highland Homes President, Hillwood Dev. Yandell and Hiller Yandell and Hiller Lone Star Gas Company T U Electric Company Page 2, Public Hearing, 02/16/93 CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m. noting that both the Town and the Planning and Zoning Commission had a quorum present. INVOCATION Council Member Moore gave the invocation. PLEDGE OF ALLEGIANCE Mr. John Carter, Chairman of the Finance Committee, led in the pledges of allegiance to the American and Texas flags. TOWN COUNCIL TO CONSIDER A RESOLUTION AUTHORIZING AND APPROVING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION TO CONSIDER (1) CERTAIN CHANGES TO THE TEXT OF ORDINANCE 91-01, THE COMPREHENSIVE ZONING ORDINANCE, AND (2) CERTAIN AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE TOWN, WHICH AMENDMENTS, IF ADOPTED, WOULD REZONE CERTAIN PARTS OF THE TOWN, AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hill made a motion to approve the resolution calling a joint public hearing regarding amendments to the comprehensive zoning ordinance and the official zoning map of the Town. Councilman Giaspell seconded; motion carried unanimously. TOWN COUNCIL TO CONDUCT A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION TO CONSIDER AMENDING THE TEXT OF THE COMPREHENSIVE ZONING ORDINANCE, 91-01, AMENDING THE TOWN'S OFFICIAL ZONING MAP, AND REZONING A 1.050 TRACT OF LAND AS DESCRIBED IN THE PUBLIC NOTICE OF THE PUBLIC HEARING ATTACHED HERETO. Commissioner Kirby made a motion to open the Public Hearing; Commissioner Williams seconded; motion carried unanimously. Mayor Pro Tem Hill made a motion to open the Public Hearing; Councilman Glaspell seconded; motion carried unanimously. Chairman Hamper informed those in attendance that this was the second of a three phase plan to revamp the comprehensive zoning ordinance to bring it up to date and into compliance with the land use plan adopted several months ago. Page 3, Public Hearing, 02/16/93 The rezoning will consolidate the 27 districts, or zones, into 18 by combining districts with similar regulations and characteristics. This rezoning procedure started with revisiting the Comprehensive Plan, then the rezoning of the unplatted land, then the platted land, and will finally end by reformatting the zoning ordinance. The overall objective is to make Trophy Club a quality community in which to live by improving property values. Town Planner, Dan Boutwell, explained that of the 27 districts, 23 were residential. He also stated that before the Town was incorporated, the deed restrictions were the only regulations in place. Now the Town has the Subdivision Regulations and the Zoning Ordinance. Councilman Engelbeck reminded those in attendance that the basic goals and objectives established in the zoning efforts were the direct results of a community survey taken about eight or nine months ago. The majority of the Community wanted to "tighten up" or "up -grade" the Town's image. At this point in the Public Hearing, Mayor Carter called for citizens to address the Commission and the Council. Several residents and guests addressed the Council. Their names and addresses are as follows: Mr. Larry Ashley 213 Oakmont Drive Mrs. Louise Carter 2 Round Rock Mr. Ed Tweedie 220 Oakmont Drive Mr. Craig Martin 545 Indian Creek Mr. Larry Hutto 11 Edgemere Drive Mr. & Mrs. Lester Disney 18 Monterey Drive Mr. Rick Watkins 26 Salida Drive Mr. Fred Balda Hillwood Dev. Ms. Debbie Francis 4 Greenhill Trail The two major concerns of the residents who addressed the council were: (1) that the zoning changes upgrade, rather than size down the lot sizes; and (2) they were not in favor of placing a day care center in their neighborhood due to anticipated traffic problems and lowered property value on their homes. Page 4, Public Hearing, 02/16/93 The major concern of the realtors and potential developers present was that they be allowed to build the type of home they considered most salable in the R-8 districts. Mr. Fred Balda proposed compromises to the main areas of disagreement. The three main points of difference were: 1. Proposed minimum house size. 3. on one and one-half and two story residences, the first floor minimum. 3. Front yard set back for front entry garages. Mr. Balda requested that the Commission consider some of Hillwood's proposals as a compromise. TOWN COUNCIL TO CONSIDER ADJOURNING THE PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND/OR CONTINUING THE PUBLIC HEARING TO A DATE CERTAIN. At this time in the meeting, which was approximately 8:43 p.m., Chairman Hamper suggested that a motion be made to continue the hearing to a date certain on a portion of the sections listed in the public notice. Commissioner Schaaf moved that the public hearing be continued to a date certain, which was established as April 20, 1993, on a portion of the items listed in the public notice, i.e. Section I -C, numbers four (4) through twenty-six (26). Commissioner Kardish seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to continue the public hearing on Section I -C, items four (4) through twenty-six (26) until April 20, 1993. Motion was seconded by Council Member Glaspell and carried unanimously. Following this action, the public hearing was closed as to all other matters. TOWN COUNCIL TO CONSIDER TAKING ACTION ON THE RECOMMENDATION FROM THE TOWN PLANNING AND ZONING COMMISSION CONCERNING THE AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE. Chairman Hamper then discussed certain amendments to the requirements for R-8 districts with the Planning and Zoning Commission. Following their discussion, Commissioner Williams made a motion to make certain amendments in the R-8 Single Family District Regulations, Section F4 and Section H. Page 5, Public Hearing, 02/16/93 The proposed changes are as follows: Under Section F4: 1. Minimum square footage on a one story residence, 1650 square feet. 2. Minimum square footage of a corner lot, 1800 sq.ft. 3. Minimum first floor requirements of a one and one-half or two story home, 1100 sq.ft. 4. Depth of front yard, 25 feet minimum, omitting the phrase "where garages are not facing a public dedicated right-of-way, 35 feet minimum on lots where garages face a public dedicated right-of-way." Under Section H. Garages: Garages are not permitted to face any public dedicated street for all lots exceeding nine thousand (9,000) square feet. In addition, no more than two contiguous lots may have front entry garages. Garages are not permitted to face any side street. This deletes the sentence "Set -back for garages facing the front street will be thirty-five feet." Commissioner Paige seconded the motion, motion carried four (4) to two (2) with Commissioners Kardish and Schaaf opposed. Councilman Engelbeck made a motion to accept the amendments to R-8 as proposed by Planning and Zoning with the exception that corner house minimum square footage remain at 2000; Councilman Glaspell seconded. Motion carried unanimously. Council and Commissioners took an approximate 15 minute break. The meeting resumed at approximately 9:45 p.m. Following a discussion concerning R-9, Commissioner Williams moved that the minimum square footage of the ground floor of one and one-half or two story houses be 1200 sq. ft. and that on Item F6, Depth of front yard - 25 feet minimum, the rest of that sentence be omitted. (i.e. delete the phrase "on lots where garages are not facing a public dedicated right-of-way, 35 feet minimum on lots where garages face a public dedicated right of way."). Commissioner Paige seconded; motion passed unanimously. Page 6, Public Hearing, 02/16/93 Mayor Pro Tem Hill made a motion to accept Planning and Zoning's amended recommendations to the R-9 districts; Councilman Moore seconded; motion carried unanimously. Commissioner Paige made a motion that in R-10, residences with more than one story shall have a minimum first floor area of 1200 square feet. Motion seconded by Commissioner Booker; motion carried with Commissioner Schaaf opposing. Mayor Pro Tem Hill made a motion that the Council accept the changes to the R-10 district as recommended and amended by the Planning and Zoning Commission; Councilman Glaspell seconded; motion carried unanimously. Commissioner Williams made a motion that R-11, R-12, and R-15 districts be left as originally proposed. Commissioner Schaaf seconded; motion carried unanimously. Mayor Pro Tem Hill made a motion to accept Planning and Zoning's recommendations to districts on R-11, R-12, and R-15 as presented; Council Member Engelbeck seconded; motion carried unanimously. Town Planner, Dan Boutwell suggested that the Commission should also approve the Land Use Charts. This was confirmed by Town Attorney, John Hill. Commissioner Paige made a motion to recommend the Land Use Charts as written; Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to approve the Planning and Zoning's Land Use Charts as presented; Council Member Glaspell seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER TAKING ACTION ON AMENDING THE TEXT OF THE COMPREHENSIVE ZONING ORDINANCE, 91-01. Commissioner Paige made a motion to recommend to the Town Council certain amendments to the text of the Comprehensive Zoning Ordinance 91-01, which amendments included the adoption of the R-8, R-9, and R-11 districts and the revisions to the R-10, R-12, and R-15 districts as previously discussed and certain other amendments as set forth in a proposed ordinance 91-0ID amending the Comprehensive Zoning Ordinance. Commissioner Williams seconded; motion carried unanimously. Mayor Pro Tem Hill made a motion to approve Ordinance 91 -GID which include amendments to the text of the Comprehensive Zoning Ordinance (91-01) as set forth in Ordinance 91-OID and Page 7, Public Hearing, 02%16/93 as recommended by the Planning and Zoning Commission. Councilman Glaspell seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER TAKING ACTION ON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY REZONING CERTAIN TRACTS. Commissioner Williams made a motion to recommend to the Town Council certain amendments to the Official Zoning Map of the Town by rezoning certain tracts of land which include lots 267 - 327 in an R-15 district, and lots 173 to 266 in an R- 11 district as set forth and described in the proposed Ordinance 91-01E attached hereto. Commissioner Paige seconded; motion carried unanimously. Mayor Pro Tem Hill made a motion to approve Ordinance 91-01E, which includes amendments to the official zoning map of the Town by rezoning certain tracts of land as described in Ordinance 91-01E attached hereto. Councilman Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER TAKING ACTION ON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY REZONING A 1.050 TRACT OF LAND OUT OF THE J. EADS SURVEY, ABSTRACT 392. Commissioner Paige made a motion to reject the rezoning of a 1.050 tract of land out of the J. Eads Survey, Abstract 392. Commissioner Schaaf seconded; motion carried with Commissioners Williams and Kirby opposed. The denial of this rezoning was made without prejudice. Councilman Glaspell made a motion to adopt the Planning and Zoning's recommendation to deny rezoning on a certain 1.050 tract of land out of the J. Eads Survey. Councilman Moore seconded; motion carried unanimously. The denial was made without prejudice. TOWN COUNCIL TO CONSIDER APPROVAL OF THE FINAL PLAT AND SITE PLAN SUBMITTED BY MR. TOM MAYFIELD, TRINITY LEARNING CENTER, CONCERNING A 1.050 TRACT OF LAND OUT OF THE J. EADS SURVEY, ABSTRACT NO. 392, AND GENERALLY LOCATED EAST OF LAKEVIEW ELEMENTARY SCHOOL BEGINNING NORTH OF CHISOS ON VILLAGE TRAIL AND NORTH AND WEST OF ALAMOSA DRIVE, AND WEST OF THE FIRST BAPTIST CHURCH. Commissioner Schaaf made a motion to deny the final plat on a certain 1.050 tract of land out of the J. Eads Survey, Abstract no. 392. Commissioner Paige seconded; motion carried with Commissioner Booker opposing. The denial was made without prejudice. Page 8, Public Hearing, 02/16/93 Councilman Engelbeck made a motion to accept Planning and Zoning's recommendation to deny the final plat on a 1.050 tract of land in the J. Eads Survey, Abstract 392. Council Member Glaspell seconded; motion carried unanimously. Denial was made without prejudice. ADJOURN Commissioner Schaaf made a motion to adjourn the Planning and Zoning meeting. Commissioner Williams seconded; motion carried unanimously. The Planing and Zoning Commission adjourned at 9:55 p.m. END OF JOINT SESSION WITH THE PLANNING AND ZONING COMMISSION TOWN COUNCIL MEETING CONSENT AGENDA: The next order of business was for the Town Council to consider the consent items, which were deemed to need little deliberation and were acted upon as one business item. Mayor Carter asked if any member of the Town Council wished to remove an item from the consent agenda for full discussion. There was not a request to remove any item from the consent agenda. Mayor Pro Tem Hill made a motion to approve the consent agenda item as presented. Councilman Glaspell seconded; motion carried with Councilman Moore abstaining as he was not in attendance at the February 2, 1993 meeting. The item approved is as follows: A. MINUTES OF THE FEBRUARY 2, 1993 REGULAR MEETING. PRESENTATIONS BY CITIZENS There were no presentations by citizens. PRESENTATIONS BY COUNCIL There were no presentations by Council. Page 9, Public Hearing, 02/16/93 STAFF AND COMMITTEE REPORTS Town Manager, Donna Welsh informed the Council that she had received the applications for filing for a place on the ballot for the upcoming May elections. Council Member Engelbeck requested an update on the East Entrance from Attorney John Hill. Mr. Hill stated that until the land was actually sold, there was little to report. TOWN COUNCIL TO CONSIDER APPROVING THE JANUARY FINANCIAL STATEMENTS. Mayor Pro Tem Hill made a motion to accept the January financial statements as proposed; Councilman Glaspell seconded; motion carried unanimously. At this point in the meeting Mayor Carter called for a consensus to continue the meeting beyond 11:00 p.m. which is an established custom in Trophy Club. The Council agreed to continue the meeting beyond the 11:00 p.m. deadline. MR. OTTIS LEE AND MR. JOE BERGERON, YANDELL & HILLER, TO MAKE THEIR FINAL PRESENTATION ON MARSHALL CREEK AND GOLF COURSE DRAINAGE, AND AN INITIAL PRESENTATION ON TIMBERLINE CREEK. Mr. Lee reviewed the basic information given the Council at the last meeting. He stated that if the channel to Marshall Creek Branch is improved, it could pull 15 lots out of the 100 year flood plain. The final cost would be $1,150,000. Mr. Lee recommended to Council to adopt this study into the Town's stormwater drainage plan. Concerning Golf Course Creek: Much less critical as the existing flood plain only really effects 2 to 3 lots. There are no structures on these lots. Mr. Lee recommends that the Town file a map revision with FEMA, and improve the channel and maintenance to culverts. Total cost to implement this plan would be $190,000. These figures do not include a 10% engineering and surveying fee. Mr. Lee presented the Council with a very basic, preliminary study on Timberline Creek. The Town scheduled a joint meeting with the Public Works Committee to determine the direction of the stormwater management plan. The meeting date was tentatively set for March 16. TOWN COUNCIL TO CONSIDER ADOPTING AN ORDINANCE GRANTING LONE STAR GAS COMPANY A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE TOWN OF TROPHY CLUB AND TAKE APPROPRIATE ACTION. Page 10, Public Hearing, 02/16/93 Mr. Vernie Henderson, Lone Star Gas, addressed the Council concerning a franchise to provide natural gas to new, undeveloped areas of Trophy Club. Council Member Engelbeck made a motion to approve the Franchise; Councilman Glaspell seconded for discussion. During the discussion that ensued, it was determined that the Town Attorney had not had an opportunity to contact Lone Star Gas' attorney concerning some items in the Franchise. Therefore, Councilman Engelbeck withdrew his motion. Mayor Pro Tem Hill moved that the Franchise ordinance and service rate ordinance be tabled until the next meeting; Councilman Engelbeck seconded; motion carried unanimously. MR. RONNIE ROARK, T U ELECTRIC, ADDRESSED THE COUNCIL CONCERNING A RATE INCREASE. Mr. Roark stated that Comanche Peak is the main reason for the proposed increase, but mentioned that the new school finance law and changes in national accounting standards have also been a determining factor. Mayor Pro Tem Hill made a motion to approve Ordinance 93-01 which approves rate schedules and service regulations for T U Electric Company; Councilman Glaspell seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER ADOPTING AN ORDINANCE CALLING A GENERAL ELECTION TO BE HELD, ON MAY 1, 1993, FOR THE PURPOSE OF ELECTING A MAYOR FOR A TWO YEAR TERM, AND TWO COUNCIL MEMBERS FOR TWO YEAR TERMS EACH, PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to adopt Ordinance 93-02 calling for a general election; Council Member Stoltz seconded; motion carried unanimously. Page 11, Public Hearing, 02116193 ADJOURN Mayor Pro Tem Hill made a motion to adjourn the meeting. Councilman Glaspell seconded. Motion passed unanimously. The meeting adjourned at 12:10 a.m. , rTown Ma or, Twn o 'Y Trophy Club Chairman, P/anning andZoning Town �Iecretary Attest: � lanning and Zoning The next Council Meeting was set for March 16, 1993.