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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, Fuge 2, joint Public Hearing//Planning and Zoning Commission/ 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. Page 3, joint Public Hearing/Planning and Zoning Commission/ 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, Page 4, joint Public Hearing/Planning and Zoning Commission/ 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. Page 5, Joint Public Hearing/Planning and Zoning Commission/ 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. Fuge 5; joint Public Hearing/Planning and Zoning Commission/ 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; Page 7, joint Public Hearing/Planning and Zoning Commission/ 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. Hags 61 joint PUblic Hearing/Planning and Zoning Commission/ 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. Page 9, joint Public Hearing/Planning and Zoning Commission/ Town Council 11/21/95 MA-) OR TOWN SECRETARY PLANNING & ZONIAG CHAIRMAN