Minutes P&Z 11/21/1995 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/PLANNING AND ZONING
COMMISSION/TOWN COUNCIL.
TROPHY CLUB, TEXAS
NOVEMBER 21, 1995
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, November 21, 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:
Am 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
Vance Booker
Don Cotton
Tom Mayfield
Bob Paige
David Schaaf
Roger Williams
Chairman
Co -Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Also present were guests and staff members:
John Hill
Donna Welsh
Dan Boutwell
David Miller
Pauline Shaw
Bill LeGrand
Karen Sadri
Hap Baggett
Rick Horn
Staff Members Absent:
Jack Jacobs
CALL TO ORDER.
Town Attorney
Town Manager
Town Planner
Chief of Police
Planning & Zoning Administrator
Director of Public Works
Town Secretary
Oakmont Enterprises, inc.,
Applicant
Representative of Carter and
Burgess Engineering Firm
Town Treasurer
Mayor Carter called the meeting to order at 7:00 p.m., noting
a quorum was present. He then welcomed Council Members,
Commissioners, staff and guests,
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Town Council 11/21/95
I INVOCATION.
An Invocation was given by Council Member Moore.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS.
The pledge of allegiance to Eche American and Teras Flags was
led by Planning and Zoning Co -Chairman Booker.
PUBLICS HEARING
TOWN COUNCIL TO CONTINUE A PUBLIC; FEARING jOI TL'g WITH THE
TOWN PLANNING G ND ZONING COMMISSION, WHICH JOINT € UBLIC;
HEARING WAS CONTINUED FFZ014 NOVEMBER 2, 1995, TO CONSIDER THE
A. REZONING i TRACT OF LAND FROM GG -COMMERCIAL CIAL GENERAL
TO PD -PLANNED DEVELOPMENT (FOR PROFESSIONAL OFFICE AND
COMMERCIAL GENERAL USES, INCLUDING GASOLINE SERVICE. STATION).
Before opening the Public Hearing, Mayor =garter introduced
the members of the Town Planning and Zoning Commission to
torose in attendance. He also asked Town Planner, roan
Boutwe l l , to summarize what occurred at the November G, 1995
Public Hearing,
Town Planner Boutwels explained that. the Public Hearing
consisted of two (?) cases from the applicant; Oakmont
Enterprises, Inc.. One request was, rezoning from R-12
Residential to PD -Planned Development Gated Community, and
the other- from commercial general to PD -Planned Development.
Each case is considered individually regarding zoning, site
development plan, preliminary and final platings. The last
Public Hearing closed on the PD -Gated Community request, The
Villas, and the commercial planned development, The Village,
is stili opens
He also informed those present that an applicant brings
a request before the Planning and Zoning Commission to study
and research the project for compliance with the Town`s
Comprehensive ve Development Plan. Public Hearings are then
held for the residents to voice support or opposition to the
Commission's findings. The Town Council then votes on the
recommendations of the Commission. This process is long;
detailed, and can be complicated.
At 7.05 Chairman Hamper opened the Planning and Zoning
meeting and noted a quorum was present. He then called for
a motion to open the joint public hearing. Commissioner
Mayfield made a motion to open the joint public hearing on
the "Village". Commissioner Schaaf seconded; motion passed
unanimously.
Mayor Pro Tem Hill then made a motion to calf the same
meeting for the Town Council. Council Member Engel beck
seconded; motion passed unanimously.
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Town Council 11/21/95
Using the architect's renderings of the proposed "Village",
applicant Hap Baggett of Oakmont Enterprises, !noa described
the location and concept of this non-residential planned
development. The 9.9 acres at the northwest corner of Trophy
Club Drive and Highway 114 has a master plan of upscale
retail and professional businesses that meet the Town's
Comprehensive Development Plan. Mr. Baggett and C.E.O. of
Oakmont Enterprises, Inc., Gy Holley, believe their proposed
project has higher standards than the Town's and maintains
the ambiance and continuity of Trophy Club's image.
At this time Mayor Carter asked for citizen comments. Tom
Matthews of 11 Troon Drive opposed the project. He thinks
that the current restrictions need to be stricter, so that
Trophy Club does not become another Grapevine with its dense
commercial buildings along Highway 114.
ion Livers of 111 Carnoustie Drive supported " The Village",
Vie reminded everyone that in the future Highway 114 will be
the service road, and the front entrance will be further
west. This well thought out plan including the service
station is needed for its tax base because economics is a
real issue and rules the world.
Susan McCabe of 1136 Sunset Drive, representing herself and
her neighbors, was very supportive of approval.
Mayor Carter then returned to answering the following
citizen questions:
HOW DID THIS OPEN SPACE BECOME COMMERCIAL?
Town Planner, Dan Boutwell 'explained that the Town has
always known that the open space along Highway 114 was
commercial. The reality of how it can be most effectively
used is commercial; not residential. The developer did not
initiate the land being commercial, only how to work closely
with the Planning and Zoning Commission to rezone it to a
planned development.
He reminded everyone that the Town will be receiving the
amenities of additional landscaping, stone type fences, green
area set -backs and a low profile high quality commercial
project.
WHY HAVE THE SERVICE STATION AT THIS ENTRANCE AND NOT TROPHY
WOOD DRIVE NOR TROPHY LAKE DRIVE)?
Applicant Baggett answered that this acreage is the most
convenient -cc) hide a service station with three (3) pumps
and will be the least travelled of the entrances when Highway
114 becomes ten (1 F) lanes. Also, the service station will
face Highway 114; not Trophy Club Drive. He suggested that
citizens visit Highland Park, University Park, and Highland
Village to see this type of plan,
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Town council 11/21/95
He emphasized the increase to the areas tax base and that
the tax dollar stays here in Trophy Club. He said that the
Town may want to consider a half -cent tax increase in the
near future.
WHAT ABOUT PROPERTY VALUES?
Applicant Baggett responded that the quality and amenities of
"The Village" will determine the increase of real estate
values.
WHAT HAPPENS IF THE: HOMEOWNERS OR THE TOWN REFUSES TO PERMIT
THE SERVICE STATION.?
Planning and Zoning Chairman Hamper replied that the
Commission conducts their workshops with honesty, integrity
and in good conscience so that all the citizens benefit from
any new development. Any project that the Commission
recommends has been toughly negotiated for amenities and
maintains the very highest standards and quality. Before
finalizing any project all questions and concerns regarding
compliance are addressed.
Rick Horn of the engineering firm of Carter and Burgess said
that sometimes local government's restrictions are overridden
at the State level and choices are not available.
Other citizens supporting the entire project were:
MaryAnn Michaelson Pearl 0. Ford
Other citizens opposing the service station or its location
were:
Harry C. Dayton
Conrad Sharpe
Roy Gammon
Denise Shirey
Suzanne Nash
Sonja Taber
Marjorie Hunter
Donna Otto
,.pan Clinkenbeard
E. A. Decker
Dan Hill
in addition to those who spoke, a petition with over a
thousand signatures opposing the service station was
submitted to the Council.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR
CONTINUE T10 A DATE CERTAIN.
Since no one else wished to speak at the public hearing,
Oo-Chairman "coker made a motion to close the joint public
hearing on "The Village" at 8:29. Commissioner Mayfield
seconded; motion passed unanimously.
Mayor Pro Ter! Hill then made the same motion for the Town
CcyAncil. Council Member- Moore seconded; motion passed
unanimously.
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Town Council 11/21%95
END CSF PUBLIC; HEARING
_ OINT SESSION AGENDA
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE
REZONING A CERTAIN N TA T OF LAND CONTAINING AINI" G APPROXS A @ELY A
9 . 9 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE
INTERSECTION OF TROPHY CLUE DRIVE AND STATE HIGHWAY 114 AS
DESCRIBED IN EXHIF31 T "A" ATTACHED HERETO AND INCORPORATE
HEREIN; FROM ITS CURRENT ZONING C E CG -COMMERCIAL GENERAL TO
PD -PLANNED DEVELOPMENT FOR RE -FAIL ( INCLUDING A, GASOLINE
SERVICE STATION) AND COMMERCIAL JOINT OFFICES USES.
After a lengthy discussion of the positive aspects of
planned development versus commercial general zoning,
Mayor Carter suggested a break was in order.
Meeting break 9:20 to 9:25.
After the break Commissioner Paige made motion to approve and
recommend to the Council the ordinance rezoning the tract of
land at the northeast corner of Trophy Club Drive
Commissioner Cotton seconded; motion passed unanimously.
Council Member Gwaspe l teen made a motion to accept the
recommendation from the Planning and Zoning Commission and
adept the ordinance with any needed corrections. Council
Member, Moore seconded, motion passed with Council Members
Gl aspe c l , Hill, Moore and Stoltz supporting and Council
Member EngeEbeck dissenting.
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN {.ORDINANCE
REZONING THREE TsFZAC:T13 OF LAND DESCRIBED GENERALLY AS A 5.94
ACRE TRACT AND is 4.62 ACRE TRACT ( THE 4.62 ACRE TRACT BEING
TWO TRACTS OF LAND BEING SITUATED WITHIN A SINGLE PROPOSED
SUBDIVISION) LOCATED ALONG TROPHY GOOD DRIVE AND WEST OF T m ,
KING ROAD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN, t=FiOM THEIR CURRENT
ZONING OF R-12 SINGLE FAMILY RESIDENTIAL DISTRICT TO PD -
PLANNED DEVELOPMENT FOR SINGLE FAMILY USES.
Commissioner Cotton made a motion to adopt, and to recommend
to the Town Council the rezoning of the three tracts of land.
Commissioner Paige seconded; motion passed unanimously.
Mayor Pro Tem Hill then made a motion to accept the
recommendation from the Commission. Council Member Gl aspe l
seconded; motion passed unanimously.
ADJOURN _JOINT SESSION WITH THE PLANNING AND ZONING
At 9.57 Commissioner Cotton made a emotion to adjourn the
joint session. Commissioner Williams seconC ed; motion passer''
unanimously.
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Town Council 11t21/95
Council Member Slaspe l followed with the same motion for the
Town Council. Mayor Pro Tem Hill seconded; motion passed
unanimously.
END CT jOINT SESSION WITH THE PPI NNING AND ZONING COMMISS ON s
T() N COUNCIL MEETING
TOWN COUNCIL TO CONSIDER APPROVAL eu`:;= A LEASE AGREEMENT WITH
THE DEPARTMENT EENT OF T14E ARMY CORPS OF ENGINEERS FOR PUBLIC PARK
AND RECREATIONAL PURPOSES. THIS IS THE AREA OF THE € OLF
COURSE THAT CROSSES MARSHALL CREEK ON CORPS PROPERTY.
It was established that this was a standard Sty year lease
with no financial obligations to the Town and with a year
cancellation notice.
Mayor Pro Tem Hill then made a motion to approve the lease
agreement. Council Member Glaspell seconded; motion passu
unanimously.
TOWN COUNCIL TO CONSIDER APPROVAL OF A Sins -LEASE AGREEMENT
WITH COBBLESTONE GOLF GROUP OF TEXAS. THIS IS A_ SUB -LEASE TO
T 64E TOWN'S LEASE WITH THE CORPS OF ENGINEERS
Mayor Pro Tem Hill made a motion to approve the sub -lease
agreement. Council Member S laspe l i seconded with amended
annual administrative fees from $10.00 to $150.00. Both
agreed to withdraw the motion when more discussion was
warranted.
Council Member Stoltz then made a motion to approve the sub-
lease with an amendment of annual administrative fees of
$500.00. Council Member Gl aspel 7 seconded; motion failed
with Council Members Stoltz and Glaspell in favor and Council
Members Enge beck, Hill, and Moore opposing.
Council Member Glaspell then made a motion to approve the
sub -lease agreement with the aamendment of an annual
administrative fee of $150.00. Council Member Moore
seconded; motion passed unanimously.
TOWN COUNCIL 6O CONSIDER AN ORDINANCE REQUIR1NG A 300 POUND
RATING OR A Ott YEAR WARRANTY FOR SHINGLES: (i ) INSTALLED ON
THE ROOF C3E ANY BUILDING OR STRUCTURE URE I—OK WHICH A BUILDING
PERMIT IS ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS
ORDINANCE, OR (2) USED TO REPLACE MORE THAN TWENTY-FIVE
PERCENT (25%) OF THE ROOF COVERING ON ANY BUILDING OR
STRUCTURE FOR WHICH A BUILDING PERMIT WAS ISSUES OR WHISH WAS
CONSTRUCTED OR ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS
ORDINANCE PROHIBITING THE HESE OF WOOD SHINGLES AND v OOUSHAKES
WITHIN HSN i HE TOWN EXCEPT FOR ROOF REPAIR PURPOSES IN CERTAIN
INSTANCES; PFCC l/`1I_1.Iled4h DEFINITIONS REQUIRING A PERMIT f-0 REPAIR
OR REPLACE A ROOF WHERE MORE THAN TWENTY—FIVE PERCENT E fa z
OF THE A€-?}J_A OF € HE €`iOt?F IS BEING REPAIRED Re_D OF REPLACED;
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Town Council 11/21/95
REPEALING ORDINANCE NO. 94-13 RELATING TO ROOF RE -PAIR AND
REPLACEMENT,
Chairman Hamper informed the Council that the Planning and
Zoning Commission recommends approval of this because the
original ordinance is no longer effective. Also, the
ultimate objective is to eliminate wood shingles altogether.
During the discussion that ensued, Council Member Stoltz
emphasized the need for citizens to have choices and
upgrades.
Mayor Pro Tem Ni 11 then made a motion to adopt the ordinance
as it is written. Council Member Engelbeck seconded; motion
passed with Council Members Engelbeck, Glaspell, Hill, and
Moore in favor of and Council Member Stoltz against.
TOWN COUNCIL TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR
OAKMONT ENTERPRISES INC. CONCERNING A FORTY-FOUR LOT GATED
COMMUNITY LOCATED ALONG TROPHY WOOD DRIVE AND WEST OF T.W.
KING ROAD.
Mayor Pro Tem Hill made a motion to approve the preliminary
plat. Council Member Glaspell seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR
OAKMONT ENTERPRISES INC. CONCERNING A 9.9 ACRE TRACT ON LAND
LOCATED ON THE NORTHWEST CORNER OF TROPHY CLUB DRIVE AND
HIGHWAY 114.
As no discussion ensued, Mayor Pro Tem Hill made a motion
to approve the preliminary plat. Council Member Glaspell
seconded; motion passed with Council Members Glaspell, Hill,
Moore and Stoltz for and Council Member Engelbeck against.
TOWN COUNCIL TO CONSIDER A RESOLUTION REAPPOINTING jAMES P.
CARTER AS THE! MUNICIPAL COURT jUDGE OF THE TOWN; PROVIDING
AN EFFECTIVE DATE.
Council Member Glaspell made a motion to accept the
resolution as it reads. Mayor Pro Tem Hill seconded; motion
passed unanimously.
TOWN COUNCIL TO CONSIDER A RESOLUTI()N APPROVING AND AD(),PTING
AN AMENDED AND RESTATED CONTRACT BETWEEN THE TOWN AND THE
TOWN OF WESTLAKE, TEXAS, FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES BY THE TOWN TO THE TOWN OF WESTLAKE; AND PROVIDING
AN EFFECTIVE DATE.
Police Chief Miller explained that the revisions were the
increase in charges for investigative services and supplies
in Westlake's jurisdictional boundaries.
Mayor Pro Tem Hill made a motion to adopt the resolution.
Council Member Moore seconded; motion passed unanimously.
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Town Council 11/21/95
TOWN COUNCIL TO CONSIDER A RESOLUTION APPROVING THE GREATER
DALLAS -FORT WORTH REGIONAL LAW ENFORCEMENT !NTERLOCAL
ASSISTANCE AGREEMENT; AUTHORIZING AND DIRECTING THE MAYOR TIC -1
EXECUTE THE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE.
Police Chief Miller stated that his department had been
approached to participate. The assistance will reduce the
Town's liability regarding SWAT team and high speed chase
requests.
Mayor Pro Tem Hill made a motion to approve the resolution as
written. Council Member Stoltz seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER APPROVAL OF THE CONTINUATION OF THE
TARRANT COUNTY RURAL FIRE PREVENTION CONTRACT FOR FIRE AND/0R
AMBULANCE SERVICE; AUTHOR! Z INCA THE MAYOR TO EXECUTE SAID
CONTRACT; PROVIDING AN EFFECTIVE DATE,
Town Manager Welsh reminded the Council that the contract is
the same as last year's and that Denton County is responsible
for reimbursement fees.
Mayor Pro Tem Hill made a motion to approve the contract as
written. Council Member Engelbeck seconded; motion passed
unanimously.
STAFF AND COMMITTEE REPORTS.
Public Works Director LeGrand announced that Phase !I of the
street repairs would be completed the first week of December.
Town Manager Welsh reported the roll -back tax at $40,000.00.
PRESENTAiIONS BY COUNCIL.
Council Member Stoltz reminded everyone of the Tree Lighting
Ceremony on December 2nd at 6:00 p.m., and the NWISD Board
tax abatement meeting on Monday the 7th.
ADi0URKN
There being no further business to discuss, Mayor Pro Tem
Hill made a motion to adjourn at 10:59. Council Member.
Stoltz seconded; motion passed unanimously.
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Town Council 11/21/95
MA-) OR
TOWN SECRETARY
PLANNING & ZONIAG CHAIRMAN