Loading...
Minutes P&Z 05/18/1993 - Joint Public HearingMINUTES OF TOWN COUNCIL MEETING/PUBLIC HEARING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas met in a Public Hearing with the Planning and zoning Commission, followed by a Town Council Meeting on Tuesday, May 18, 1993. The meeting was held within the boundaries of the Town and was open to the Public. 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 Vance Booker Janet Kardish Charles Kirby Bob Paige David Schaaf Roger Williams Vice -Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Chairman Hamper was unable to attend the meeting. Also present were guests and staff members: Steve Houser Rick Horn Donna welsh John Hill Dan Boutwell Pauline Shaw CALL TO ORDER Developer Carter Burgess Inc. Town Manager Town Attorney Town Planner Director of Public Works 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. INVOCATION An Invocation was given by John Carter, chairman of the Town's Finance Committee. Page 2, Council Meeting, 05/18/93 PLEDGE OF ALLEGIANCE TO THE AMERICA14 AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Bob Paige, Planning and Zoning Commissioner. TOWN COUNCIL TO CONSIDER ADOPTION OF RESOLUTION DIRECTING THE TOWN STAFF TO TAKE ALL STEPS NECESSARY (INCLUDING THE GIVING OF NOTICE AND THE SETTING OF DATE AND TIME) TO CALL A JOINT PUBLIC HEARING BETWEEN THE COUNCIL AND THE PLANNING AND ZONING C014MISSION TO CONSIDER (A.) A REPLAT OF A PART OF THAT SUBDIVISION LOCATED IN TROPHY CLUB, TEXAS KNOWN AS VILLAGE WEST SECTION "B", RECORDED IN CABINET B, PAGE 135, PLAT RECORDS, DENTON COUNTY, TEXAS AND (B.) AMENDING THE TOWN'S ZONI14G DISTRICT MAP BY THE REZONING OF CERTAIN REAL PROPERTY DESCRIBED AS A PARCEL OF LAND SITUATED IN THE JESSE EADS SURVEY, A-392, THE J. HENRY SURVEY, A-529, AND IN THE W. MEDLIN SURVEY, A-829, DE14TON COUNTY, TEXAS AND BEING A PORTION OF A 76.4 ACRE TRACT AS CONVEYED FROM MRS. MAUDE HOW TO H.M. HOWE AND BEING RECORDED ON PAGE 2 OF VOLUME 345 IN THE DENTON COUNTY DEED RECORDS, A PORTION OF A TRACT AS CONVEYED JOHNSON- LOGGINS, INC. TO GIBRALTAR SAVINGS ASSOCIATION BY DEED RECORDED ON PAGE 16 OF VOLUME 512 IN THE DENTON COUNTY DEED RECORDS PURSUANT TO THE TOWN'S COMPREHE14SIVE PLAN AND COMPREHENSIVE ZONING ORDINANCE AND IN A PUBLIC NOTICE WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hill moved to adopt a resolution to instruct and direct the Town staff to take all necessary legal steps to call a joint public hearing of the Town Planning and Zoning Commission and Town Council for the purposes of (I) Considering the rezoning of a certain tract of land located within the Town and generally described as follows: being approximately 198.01 acres out of the J. Eads Survey, Abstract No. 392, the J. Henry Survey, Abstract No. 529, and the W. Medlin Survey, Abstract No. 829 and being generally located north of Lakeview Elementary School and the First Baptist Church (and being more particularly described in Exhibit "A" attached hereto), from its current zoning of R-12 Single Family Residential to PD Planned Development District as authorized by Section 16A of the Comprehensive Zoning Ordinance, Ordinance No. 91-01, for Single Family detached dwellings and uses incidental to such residential use, and (II) considering the replat of a part of that subdivision located in Trophy Club known as Village West, Section "B", recorded in Cabinet B, Page 135, Plat Records, Denton County, Texas. Council Member Engelbeck seconded; motion passed unanimously. Page 3, Council Meeting, 05/18/93 TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. A replat of that subdivision known as village West, Section "B", the plat of which subdivision is recorded in Cabinet B, Page 135, Plat Records, Denton County, Texas. The proposed replat revises and amends lots 1002-1003, 1008-1016, 1165-1169 of Village West, Section "B" and creates new lots 1002R -1003R, 1008R -1013R and 1165R -1168R. B. The rezoning of a certain tract of land containing approximately 198.01 acres out of the J. Eads Survey, Abstract No. 392, the J. Henry Survey, Abstract No. 529, and the W. Medlin Survey, Abstract No. 829 and being generally located north of Lakeview Elementary School and the First Baptist church (and is more particularly described in Exhibit "All attached to the proposed ordinance rezoning the land), from R-12 Single Family Residential to PD Planned Development District for single family detached residential use and incidental and accessory uses thereto, in accordance with Ordinance No. 91-01, of the Town (The "Comprehensive Zoning Ordinance"). Vice Chairman Booker called the Planning and Zoning Commission to order at 7:04 P.M. noting a quorum was present. Commissioner Williams made a motion to open the joint Public Hearing. Commissioner Kardish seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to open the joint Public Hearing for purposes stated above. Council Member Moore seconded; motion passed unanimously. Vice chairman Booker requested Mr. Dan Boutwell, Town Planner, to update the meeting on the replat for Village West Section "B". Mr. Boutwell stated all requirements had been met and recommends approval of the replat. Commissioner Williams made a motion to close the Public Hearing with regard to the replat. Commissioner Paige seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to close the Public Hearing with regard to the replat. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER APPROVAL OF A RSPLAT OF THAT SUBDIVISION KNOWN AS VILLAGE WEST, SECTION "B", THE PLAT OF WHICH SUBDIVISION IS RECORDED IN CABINET B, PAGE 135, PLAT RECORDS, DENTON COUNTY, TEXAS, WHICH PROPOSED REPLAT REVISES Page 4, Council Meeting, 05/18/93 AND AMENDS LOTS 1002-1003, 1008-1016, 1165-1169 OF VILLAGE WEST, SECTION "B" AND CREATES NEW LOTS 1002R -1003R, 1008R - 1013R AND 1165R -1168R, AND TAKE APPROPRIATE ACTION. Commissioner Williams made a motion to approve the Replat as presented and recommend approval to the Town Council. Commissioner Paige seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to accept the recommendation of the Planning and Zoning Commission to approve the Replat as presented. Council Member Glaspell seconded; motion passed unanimously. PUBLIC HEARING RESUMED FOR ZONING REQUEST mayor Carter requested the developer speak for the zoning request. Mr. Rick Horn of Carter Burgess Inc. stated that he represented Tantum Inc., Mr. chip Field and Mr. Steve Houser. He then presented the request for a zoning change from R-12 to a PD Planned Development. Mayor Carter explained the zoning process for the audience. He then requested Mr. Boutwell review the Planned Development request for the meeting. Mrs. Pauline Shaw, representing the Parks and Recreation Committee, read the following letter into the minutes with regard to the lake area. The Park and Recreation Committee has determined there is a need for an active park in the West end of the Town. Active parks should be buffered as much as reasonably possible. The location with the most buffering is the property that is located between Lakeview school, the First Baptist Church and the lake. It is desirable but not a requirement to include the lake in this park. Therefore, it is our recommendation that the lake be accepted as part of a park land dedication based upon the following requirements: 1. The park land area provided is large enough to support an active park which is to include an adult softball field, sand volleyball and multi-purpose courts, jogging/walking trails and other like facilities. 2. The lake be properly prepared for acceptance by the Town. This will require the review of the property by an Engineering Company qualified to do this work at the expense of the land owner. The requirements established by this company and accepted by the Town are to be Page 5, Council Meeting, 05/18/93 implemented at the expense of the land owner. This work could include but not be limited to such items as flood control, proper dam and spillway construction, lake edging and contouring, etc. The objective is to limit the maintenance expense of the property, minimize the liability potential and provide a lake that is a positive feature for the residence of the area. If the above requirements cannot be met it is recommended that the lake not be accepted as park land by the Town. Signed, Terry Vance, Chairman Parks and Recreation. Judy Webster of 12 Salida Drive, stated she was for a park area but against having a lake and wanted to know who would provide maintenance for lake. Jan. Clinkenbeard of 119 Fairway Village Drive gave some of the Town's history and would like to keep the R-12 zoning. John Carter of 2 Round Rock asked friends and neighbors to visit the council meetings to see how our government works and to see that the Town develops in an orderly fashion. Worth Blake of 244 Oak Hill restated the position of the Parks and Recreation committee and wanted to know how and when the park would be phased in. Julie Berke -Law of 9 Llano Drive, a new resident, gave her experiences in another small town. Terry Finnigan of 4 Round Rock Court remarked on the 550 lots and the traffic that will increase on Trophy Lake Drive. Robert Taylor of 12 Cimarron Drive thanked the Town Council and Planning and Zoning for a job well done on the Planned Development in maintaining larger lot sizes. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING OR CONTINUE THE PUBLIC HEARING TO A DATE CERTAIN. Commissioner Williams made a motion to close the Public Hearing with regard to the zoning request. Commissioner Schaaf seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to close the Public Hearing with regard to the zoning request. Council Member Stoltz seconded; motion passed unanimously. Page 6, Council Meeting, 05/18/93 TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE REZONING A CERTAIN TRACT OF LAND CONTAINING APPROXIMATELY 198.01 ACRES OF LAND OUT OF THE J. EADS SURVEY, ABSTRACT NO. 392, THE J. HENRY SURVEY, ABSTRACT NO. 529, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, WHICH LAND IS GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH (AND IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED TO THE PROPOSED ORDINANCE REZONING THE LAND), FROM R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY DETACHED RESIDENTIAL USE AND INCIDENTAL AND ACCESSORY USES THERETO, IN ACCORDANCE WITH ORDINANCE NO. 91-01 OF THE TOWN (THE "COMPREHENSIVE ZONING ORDINANCE"), AND TAKE APPROPRIATE ACTION. A lengthy discussion period ensued with no action being taken at this time. Trophy Joint Venture will meet in a workshop with the Planning and Zoning Commission on Wednesday, May 26 to continue discussions on the Planned Development Zoning request. Commissioner Williams made a motion to meet again jointly with the Town Council on June 1, 1993 to vote on the Planned Development Zoning request. Commissioner Paige seconded the motion. Motion passed unanimously. Commissioner Williams then made a motion to adjourn the Planning and Zoning Commission's meeting at 10:18 P.M. Commissioner Kardish seconded; motion passed unanimously. ADJOURN JOINT PUBLIC SESSION WITH THE TOWN PLANNING AND ZONING COMMISSION Mayor Pro Tem Hill made a motion to adjourn the joint public session with the Planning and Zoning Commission. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL MEETING CONSENT AGE14DA The next order of business was for the Town Council to consider the consent agenda items which were deemed to need little deliberation. Mayor Carter wished to remove items, A and C from the consent agenda for further discussion. Mayor Pro Tem Hill made a motion to approve item B on the consent agenda; Council Member Glaspell seconded. Motion carried unanimously for items B. Mayor Carter requested a rewording OIL the paragraph in the minutes of April 20th concerning the Page 7, Council Meeting, 05/18/93 east entrance and a correction to be made to the minutes of May 4 to reflect that Mr. McMurray is running for County commissioner. Mayor Pro Tem Hill then made a motion to approve consent agenda items A and C as amended. Council Member Glaspell seconded. Motion carried unanimously with Council Member Engelbeck abstaining on item C due to his absence from that meeting. The approved items are as follows: A. Minutes of the April 20, 1993 Joint Public Hearing B. Minutes of the April 29, 1993 Joint Meeting with the Planning and Zoning Commission on a preliminary plat C. Minutes of the May 4, 1993 Town Council Meeting to canvass votes of the May 1 election. PRESENTATIONS BY CITIZENS No one wished to speak. STAFF AND C014MITTEE REPORTS Town Manager, Donna Welsh reported on TU Electric's increase of 4".- in it's Franchise Agreement with the Town. Council Member Engelbeck updated the Council on the Stormwater Management Plan being prepared by Yandell and Hiller Inc. He stated the final will be presented at the next Public Works Committee meeting. PRESENTATIONS BY COU14CIL Mayor Pro Tem Hill asked the status of the Bond Election Steering Committee. Worth Blake, Chairman, stated he was contacting citizens recommended by the Council. Mayor Pro Tem Hill requested the Council reconsider appointments to the Committees by the Council at the June 15th Council Meeting. TOWN COUNCIL TO C014SIDER MARCH 1993 FINANCIAL STATEMENTS. A postponement in the review of the Financial Statements was made until June 1st. Page 8, Council Meeting, 05/18/93 ADJOURN Mayor Pro Tem Hill made a motion to adjourn the meeting at 10:45 P.M., and to meet again on June 1, 1993. council Member Engelbeck seconded, motion carried unanimously. MAYOR RECORDING SECRETARY