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Minutes P&Z 11/02/1995 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/PLANNING AND ZONING COMMISSION/TOWN COUNCIL TROPHY CLUB, TEXAS NOVEMBER 2, 1995 FHE 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 Thursday, November 2, 1995 at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: jm Carter Mayor Marshall Engelbeck Council Member Gene Hill Mayor Pro Tem Cotton Moore Council Member Patti Stoltz Council Member Council Member- Glaspell was unable to attenj CE Planning and Zoning Commission Members Present: Mike Hamper Vance Booker Don Cotton Tom Mayfield Bob Paige David Schaaf Roger Williams Chairman Go -Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Also present were guests and staff members: John Hill Town Attorney Donna Welsh Town Manager [)an BOUtwe 1 -1 Town Planner David Miller Chief of Police Pauline Shaw Planning & Zoning Administrator Bill LeGrand Director of Public Works Karen Sadri Town Secretary Hap Baggett Applicant of Oakmont Enterprises, Inc. Town Treasurer, Jack jacobs, was unable to attend. CALL TO ORDER Mayor Carter called the meeting to order at 7:02 p.m., noting a quor-uni was present. He then welcomed Council Members, Commissioners, staff and guests. Page 2, joint Public Hearing/Planning and Zoning Commission/ Town Council 11/02/95 INVOCATION. An invocation was given by Council Member Moore. 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 Cotton. PUBLIC HEARING TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF T14E TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING THE REZONING OF 2 TRACTS OF LAND FROM R-12 SINGLE FAMILY DISTRICT TO 13D PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY USES, AND I TRACT OF LAND FROM CG COMMERCIAL GENERAL DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT (FOR RESIDENTIAL USES), AND 1 TRACT OF LAND FROM CG COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT FOR PO PROFESSIONAL OFFICE AND CG COMMERCIAL- GENERAL USES DISTRICT (INCLUDING GASOLINE SERVICE STATION), THE SAID REZONING BEING AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09, OF THE TOWN; AND TO CONSIDER THE APPROVAL OF A SITE PLAN FOR SUCH USES; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to consider the approval of the joint public hearing on the tracts of land. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY REZONING 2 TRACTS OF LAND FROM R-12 SINGLE FAMILY DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY USES, AND 1 TRACT OF LAND FROM CG COMMERCIAL GENERAL DISTRICT TO PD PLANNED DEVELOPME14T DISTRICT (FOR RESIDENTIAL USES); AND 1 TRACT OF LAND FROM CG COMMERCIAL GENERAL DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT FOR PO PROFESSIONAL OFFICE AND CG COMMERCIAL GENERAL USES (INCLUDING GASOLINE SERVICE STATION). Before opening the Public Hearing, Mayor Carter informed those present that there were 2 separate hearings. One for the Villas (residential), and one for the Village (commercia). Page 3, joint FJublic Hearing/Planning and Zoning Commission/ Town Council 11/02/95 At 7:05 Chairman Hamper opened the Planning and Zoning meeting and noted a quorum was present. He then called led for a motion to open the joint public nearing. Commissioner Mayfield made a motion to open the joint public hearing on the Villas. Commissioner Schaaf seconded-, motion passed unanimously. Mayor Pro Tem Hill then made a motion to call the same meeting for the Town Council. Council Member Engelbeck seconded; motion passed unanimously. Upon Mayor Carter's request Town Planner, Dan Boutwell, l explained how a -public hearing is conducted. He also stated that these are 2 separate zoning cases with both proposed for planned development. Using the architect's renderings of the proposed Villas, applicant Hap Bagger1t of Oakmont Enterprises, Inc. described the location and concept of these two residential areas split by the newly extended Trophy Wood Drive. The $ 200,000.00 to $ 400,000.00 homes ranging from 22 -UO to 4100 square feet would be gated adult communities with small maintenance free lots. A home owners association would be created, and this heavily wooded, secluded development would be the transition to the future commercial area on Highway 114. AT, this time Mayor Carter asked for citizen comments. i® G. Smeraldi of I Sundance Court opposed the project and questioned how the citizens would benefit, and 'now legally enforceable were the provisions. Susan McCabe of ii36 Sunset Drive complimented the developer on the well thought out buffer concept and noted that a major benefit would be the additional property and school taxes collected from an area that will probably be childless. Planning and Zoning Chairman Hamper explained that this project has been brought before the Commission several times, and that no recommendations wili be given to the Town Council until all deed restrictions and homeowners, association contracts are reviewed by legal counsel. Hap Bagqett then addressed concerns that the Commission had regarding the project. He confirmed that the homeowners association would be responsible for maintenance and replacement of any landscaping, fencing, and paved areas. In addition to any homeowners fees the residents would pay the Town fees (C.I.A./M.U.D). Fencing would be constructed first and would replace existing owners' fence at no cost to them. Emergency vehicles would have easy access because of the swing front gates and front entry garages. Even with the center area designated for narking, the easements are wide enough for -fire trucks. Page 4, Joint Pu b I i c ties r i n g/ P tinning and Zoning Commission/ Town Council 11/02/95 As there were no other questions, Chairman Hamper concluded that more details and information were needed from the applicant before making any recommendations. Mayor Carter then returned to answering the following citizen questions: WHO BENEFITS FROM THIS "VILLAS" PROJECT? Applicant Baggett honestly answered that the developers and contractors make the most money, but the community benefits because a product is being provided that accommodates all life styles. Town Planner Boutwell concurred that both the developers and residents benefit. This quality project is a cutting edge concept whereby the Town is not financially responsible for the roadways and landscaping. He added that gated communities provide extra security. HOW ENFORCEABLE ARE THESE RESTRICTIONS? Town Attorney Hill responded that the zoning ordinance includes a maximum imposed daily fine of $ 2000.00 for those in violation. The homeowners association and individual lot overs will contribute to the enforcement. He also noted that financial institutions will not lend money unless all deed restrictions are in compliance. WILL THE RESIDENTS BENEFIT FROM THIS? Again applicant Baggett reiterated that the quality of this housing and the transition concept sets Trophy Club apart from other developments. Every resident will benefit by the upgraded real estate evaluations. Town Planner Bout ell pointed out that the; public dedicated right of way is a beneficial enhancement. Council Member Engel beck then expressed gratiTude to uakmomt Enterprises, inc. for the East Entrance and confirmed that the housing construction would not interfere with its traffic flow. Other concerns of the Town Council included the front garage entrances, police patrol of a gated community, and both front and back property maintenance. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/0FR CON-11NUE TO A DATE CERTAIN. Since no one else wished to speak at the public hearing, Commissioner Schaaf made a motion to close the joint public hearing on the Villas at 8:40. Commissioner Paige seconded; 4 1 Page n Public Hearing/PlannMg and Zoning Commission/ Joi t --- Public / - '95 Town Council 11'0Z/ motion passed unanimously. Mayor Pro Tem Hill then made the same motion for the Town Council, Councii Member Moore seconded; motion passed unanimously. Chairman Hamper announced that no action would be taken and that the developer understands additional information is needed. The earliest date to continue this public hearing is Tuesday, November 21st. He then reminded everyone present of the open invitation to all Planning and Zoning meetings. At 8:41 p.m. Commissioner Schaaf made a motion to open the joint public hearing on the Village (commercial). Commissioner Williams seconded, motion passed unanimously. Mayor Pro Tem Hill -Followed wirtn' the same motion for the Town Council. i. Council Member Engelbeck seconded, motion passed unanimously. Before describing the first retail development of Trophy Club, Hap Baggett of Oakmont Enterprises, Inc. stated that for the past 15 months his company has been listening to what the citizens wanted and expected. This project located at the current T-ronT, entrance OT highway 114 and Trophy Club Drive would have III- entrances with a park -like feel and a residential look. The commercial retail area of 3.3 acres would be a planned development with small buildings, large open areas, little advertising, and high income re*cailers. The bank, restaurant, professional offices, retail stores, and service station would all look alike because of strict restrictions and architectural controls. He said the benefits of a commercial enterprise like this one would bring sales and property tax income, employ local residents and teens, and build parks and public services. Mr. Baggett suggested the Town consider voting for a half cent sales tax increase to generate even more revenues. When Mayor carter asked for citizen participation, the following citizens expressed enthusiastic and unanimous support of high quality basic services, additional tax base, and planned development as the best control of retail commercial projects: Jim Budarf of 54-7 "Indian Creek Drive Susan McCabe of 1136 Sunset Drive Pat McCormick of 5 Heritage Court I Larry Ashh-ley of 2zz uakmont Drive Roger Unger of 1u-2 Carnoustie Drive Page 6, joint Public Hearing/Planning and Zoning Commission/ Town Council 11/02/95 ion Livers of ill Carnoustie Drive .aim Gilbert of 382 Indian Creek Drive These citizens supported progress, the quality development, and the additional tax base but opposed the gas station's location at the front entrance and the negative image it creates. They also expressed concerns about safety, property values, business hours, and non-resident influence, Roy Gannon of 1110 Sunset Drive Kim Cort of 1130 Sunset Drive Molly Woodworth of 1120 Sunset Drive Robyn Garner of 117 Summit Cove Tim Garvey of 303 Quorum Drive lmdad Baloch of 14 Meadowbrook Lane Ronnie Engel beck of ill Forest Hill Drive Denise Shirey of 530 Indian Creek Drive John Harbin of Beck Properties, Inc. of 100 Trophy Club Drive Thomas Delaney, V -P of Cobblestone Golf Group of San Diego, California Jhe remaining citizens opposed the development project: 5® G Smeraldi of I Sundance Court John Cook of 4 Brook Hollow Lane Tom Dyer of 8 Oak Village Court At this time Mayor Carter proceeded to have the citizens' questions answered: IS THERE A NEED FOR CONVENIENT TYPE SERVICES IN TROPHY CLUB? Richard Peacock, real estate agent for Farmco, inc./Tetco Convenience Stores, emphatically declared that gas and food services are needed for current and future growth. The location is good, hidden, and definitely profitable. WHAT ABOUT THE HOMEOWNERS VIEWS/AND PROjECT LINE ON SIGHT"? Rick Horn of the engineering firm, Carter and Burgess, used the architectural renderings to demonstrate the topography of Page 7, joint Public Hearing/Planning and Zoning Commission/ "Town Council 1!/02/95 the property. He pointed out the 8 foot wall followed by a 30 foot continuous green buffer. Then the buildings actually drop creating a terraced effect. He emphasized this well thought out and imaginative design. IS THERE A 30 FOOT THEN 10 FOOT FENCE BUFFER? Mr. Horn again addressed this question, He explained that an 8 foot wood fence would be closet to the area homes, then 30 feet of landscape and trees, and set backs of 40 to 50 feet. COULD RESIDENTS SEE LINE OF SIGHT FROM THEIR BACK YARDS? Mr. Horn invited any resident to walk; the proper-ty and study the renderings. WHAT ABOUT SECURITY FOR CHILDREN IN THEIR BACK YARDS? Police Chief Miller answered that the 8 foot fence screens and hides the back yards from Highway 114. The lighting around the project encourages low crime, and statistically crime increases in residential, not commercial, developments. WHAT ABOUT RETAIL HOURS, TYPE OF LIGHTS, PROPERTY VALUES? Applicant, Hap Baggett, responded that the hours will probably be 7:00 a.m. to 7:00 p.m. The lighting will be a low profile antique patina and down cast in the back of the retail area. Property value is subject to what is around you, and the quality of the product effects that value. COULD THE GAS STATION BE MOVED TO ANOTHER LOCATION OR FURTHER WEST? Again Mr. Baggett answered that the only reasons to move the gas station would be for economics and replacement with a larger building with more parking space. Both he and Maven Carter reminded the citizens that this property will not be the main entrance in the future. When the projected 8 lane Highway 114 is completed, the current 114 will be the service road. WHY A BLUE ROOF TO THE RETAIL PROjECT? Rick Horn of Carter and Burgess explained that this is only the architect's rendering, and that a final color has not been determined yet. DEMAND EVERYTHING IN WRITING! Planning and Zoning Chairman, Mike Hamper, confirmed that all considerations and any subsequent changes for both commercial and residential projects are done through legal enforcement of the convenants and deeds of the master plan. He reminded Page 8, joint Public Hearing/Planning and Zoning Commission/ Town Council 11/02/95 the citizens that this property has always been zoned commercial. IS A GAS STATION THE IMAGE TROPHY CLUB WANTS TO PROVIDE TO THE WORLD? Again the applicant, Hap Baggett, responded that gas service is a definite need for the area and adds to a well balanced retail project. Town Manager, Donna Welsh, injected that a retail project creates more revenues than just property and sales tax. The citizens need to remember that personal property tax (contents of the buildings) is also included, As there were no additional citizen remarks, Chairman Hamper announced that the Planning and Zoning Commission has alot of unanswered technical and detailed questions to consider. A permanent project of this magnitude has to have everyone in agreement that it be done well and right and with the same objective, Attached to the minutes are the Town Planners' recommendations and comments. CLOSE PUBLIC; HEARING OF CONTINUE TO A DATE CERTAIN. AT IU:46 Tor one Hianning ants toning uommission uommissioner Schaaf made a motion to continue the Public Hearing to November 21st at 7:00 p.m. Commissioner Williams seconded; motion passed unanimously. Representing the Town Council Mayor Pro Tem Hill stated the same motion. Council Member Moore seconded; motion passed unanimously. Council Member Engelbeck emphasized the need to maintain open and frequent communication with the developers of these projects. Everyone was reminded of the C.I.A. tree lighting on Saturday, December 2nd. 1�10111=108 There being no further business to discuss, Commissioner Cotton made a motion to adjourn the joint session at 10:50 p.m. Commissioner Williams seconded; motion passed unanimously. Representing the Town Council, Mayor Pro Tem Hill then made a motion to adjourn and reconvene on November 21st at 7:00 P.M. Council Member Stoltz seconded; motion passed unanimously. Page 9, Public Hearing/Planning and Zoning Commission/ lown Council 111'021'�35 IUWN SECREIARY PLANNING & Zot4NG C-HAIRMAN MEMORANDUM TO: Pauline Shaw -Town of Trophy Club FROM: Dan C. Boutwell, AICP - Municipal Planning Resources Group, Inc SUBJECT: Site Plan for Trophy Club Center PD DATE: November 1, 1995 We have reviewed the submitted site plan on the above referenced project and offer the following comments and recommendations. 1. General Comment: More detail must be provided on the site plan. Although it is conceptual in nature, it is also the basis for establishing zoning for this property. Exact dimensions and details of construction is certainly not expected on the development site plan, however, sufficient detail that establishes requirements for the PD must be provided. 2. Landscape should be incorporated into the parking lots. The landscape ordinance requires one landscaped space for every 12 spaces. 3. The parking configuration on the site plan does not agree with the commitment to parking as indicated in the note on the site plan nor the accompanying text. According to the note on the site plan and the accompanying text, a total of 458 parking spaces will be required. 241 spaces are provided on the site plan (after landscaping is deducted). Although a PD may vary the parking requirements, it appears that a 47% reduction may be excessive. 4. Handicapped parking including van accessible spaces will also need to be included in any parking calculation. 5. The applicant has included a note stating that the lighting will be compatible with adjacent residential property. However, the proposed location of lighting has not been provided on the site plan. In order to prevent any misunderstanding regarding this issue at the time the construction site plan is submitted, proposed siting of all exterior lighting should be indicated. 6. The deceleration lane should be indicated on the site plan. 7. The location of the proposed screening fence has been provided on the site plan and a 6900 Anderson Blvd., Suite 104A • Fort Worth, TX 76120-3024 • Tele: (817) 457-1107 0 Fax (817) 457-7011 Memorandum November 1, 1995 Page 2 of 3 description of that fence is provided in the accompanying text. Nevertheless, we would recommend that a typical detail of the proposed fence and associated landscaping be provided on the site plan. 8. The location of all signage should be indicated on the site plan. A detail of the proposed signage should be provided. Although, it is not necessary to indicate the message on the sign, only the proposed area, height, and length. In addition, we would recommend that all signage be monument type. It is not the intent of the community to bring commercial traffic into Trophy Club from the outside. Therefore, it does not appear necessary for signage designed to that end to exist. 9. The applicant should indicate on the development site plan the proposed locations of trash dumpsters and the manner in which they are proposed to be screened. 10. The applicant should also indicate the proposed location of all emergency access lanes. 11. Although a detailed landscape plan is not required at this time, additional information must be provided that describes the nature and location of landscaping. 12. The applicant has indicated in the accompanying text that all trees at the time of planting shall be 2" in caliper. We would recommend that the initial size of trees be either a mixture of 3" and 4", depending on the type of tree. We have discovered that trees greater than 4" at planting run a higher rate of failure than trees of 4" caliper and smaller. 13. The applicant has indicated in item 7 of the accompanying text that the structures shall be constructed of materials as approved by the Town. In order to evaluate this application, the Town should be provided a description of what is proposed for construction materials. The applicant has already suggested material types in previous meetings. It is both appropriate and necessary that the intended constructions materials be included with the development site plan. 14. Statement 13 of the accompanying text should be either revised or removed. Although the development site plan is somewhat conceptual, the requirements of the PD ordinance will be established by these submittals. Variation from the development site plan can not be substantive. None of the requirements established in the PD ordinance are subject to modification without due process, as described by zoning laws of the Town of Trophy Club and the State of Texas. Memorandum November 1, 1995 Page 3 of 3 15. If the applicant intends to include all previously submitted color elevation drawings as a part of this PD application, those drawings will need to be attached to the PD application. fr1PRG ins. MEMORANDUM TO: Pauline Shaw -Town of Trophy Club FROM: Dan C. Boutwell, AICP - Municipal Planning Resources Group, Inc. SUBJECT: Site Plan for Trophy Club Villas PD DATE: November 1, 1995 We have reviewed the submitted site plan on the above referenced project and offer the following comments and recommendations. 1. General Comment: More detail must be provided on the site plan. Although it is conceptual in nature, it is also the basis for establishing zoning for this property. Exact dimensions and details of construction is certainly not expected on the development site plan, however, sufficient detail that establishes requirements for the PD must be provided. 2. A description of the construction material of the private street should be indicated on the site plan. 3. The applicant should provide a detail of the entrance areas showing the gates and the associated amenities. 4. Block "A" is indicated on both blocks of the development. Blocks "1" and "2" should be used. 5. The applicant should provide more detail regarding the fences. A detail drawing should be provided on the development site plan. 6. The applicant should indicate on the site plan the location of adjoining lot lines. 7. The location of the proposed screening fences have been provided on the site plan. Nevertheless, we would recommend that a typical detail of the proposed fences and associated landscaping be provided on the site plan. 8. A detail of the proposed entrance signage should be provided. It is not necessary to indicate the message on the sign, only the proposed area, height, and length. 6900 Anderson Blvd., Suite 104A • Fort Worth, TX 76120-3024 • Tele: (817) 457-1107 Fax (817) 457-701 Memorandum November 1, 1995 Page 2 of 3 9. Although a detailed landscape plan is not required at this time, additional information must be provided that describes the nature and location of landscaping. 10. Statement 11 of the accompanying text should be either revised or removed. Although the development site plan is somewhat conceptual, the requirements of the PD ordinance will be established by these submittals. Variation from the development site plan can not be substantive. None of the requirements established in the PD ordinance are subject to modification without due process, as described by zoning laws of the Town of Trophy Club and the State of Texas. 11. If the applicant intends to include all previously submitted color elevation drawings as a part of this PD application, those drawings will need to be attached to the PD application.