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Minutes P&Z 08/01/1996 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING/TOWN G-OUNCIL AND PLANNING AND ZONING COMMISSION TROPHY CLUB, TEXAS AUGUST 1, 119-96 THE STATE OF TEXAS COUNTY OF DE TO The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing with the Planning and Zoning Commission on Thursday, August i, 1996 at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Doug Glaspell Edwin "Ed" Decker Susan McCabe Edwin "Cotton" Moore James Carter Marshall Engelbec-k- Mike Hamper Bob Paige Clayton Reed David Schaaf Roger Williams John Hi I I Donna Welsh Pauline Shaw Bill LeGrand Karen Sadri Dan Boutwell John Harbin H.D. "Hap" Baggett John Farrell Richard Peacock Mayor Pro Tem Council Member Council Member Council Member Mayor Coutcil Member Town Attorney Town Manager Planning & Zoning Administrator Director of Public Works Town Secretary Town Planner of Municipal Planning Resources Group, Inc. Vice President, Beck Properties, Inc. President, Synergy Properties, Inc. TELCO Stores, Inc. Representative TETCO' Stores, Representative Page 2, Joint Public Hearing/Town Council and Planning and Zoning Commission 08/01/96 - Staff Members Absent: Jack Jacobs David Miller CALL TO ORDER. Town Treasurer Chief of Police Mayor Pro Tem Glaspell called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, Commissioners, Committee Members, staff and guests. INVOCATION. An Invocation was given by Town Attorney, John Hill. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by Council Member Moore. Before calling the Joint Public Hearing Town Manager, Donna Welsh, read a letter from Mayor Carter explaining his first time ever absence from a Joint Town Council/Planning and Zoning Meeting® A copy of his letter is attached to the minutes. 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 THE TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING THE REZONING OF 2 TRACTS OF LAND; ONE FROM R-12 TO RD PLANNED DEVELOPMENT (FOR RESIDENTIAL USES) DISTRICT AND ONE TRACT OF LAND FROM R-15 RESIDENTIAL TO PD PLANNED DEVELOPMENT (FOR RESIDENTIAL USES) AND A SITE PLAN FOR A PROPOSED CONVENIENCE/RETAIL (INCLUDING GASOLINE SERVICE), AND TAKE APPROPRIATE ACTION. Council Member McCabe made a motion to accept the ordinance I U as stated. Council Member Moore seconded; motion passed with Mayor Pro Tem sal aspell and Council Members McCabe and Moore in favor and Council Member Decker opposing. TOWN COUNCIL TO CONDUCT A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION FOR THE PURPOSE OF CONSIDERING: A. THE REZONING OF A -TRACT OF LAND FROM R-15 SINGLE FAMILY DISTRICT TO PD PLANNED DEVELOPMENT (FOR RESIDENTIAL USES) AND GENERALLY DESCtRIBED AS "THE KNOLL". Page 3, Joint Public Hearing/Town Council and Planning and Zoning Commission 08/01/96 Sm THE REZONING OF A TRACT OF LAND FROM R-12 SINGLE FAMIL-Y DISTRICT TO RD PLANNED DEVELOPMENT DISTRICT (FOR RESIDENTIAL USES) AND GENERALLY DESCRIBED AS "'LAKE FOREST PHASE IV" AND NOW AS "HOGANIS GLEN". C. APPROVAL OF A SITE PLAN FOR A PROPOSED CONVENIENCE/ RETAIL (INCLUDING GASOLINE SERVICE); PURSUANT TO THE TOWS COMPREHENSIVE ZONING ORDINANCE O. 94-09. After noting a quorum was also present for the Planning and Zoning Commission, Chairman Hamper called the Joint Public Meeting to order. Commissioner Reed then made a motion to open the meeting. Commissioner Williams seconded; motion passed unanimously. Council Member Moore made a motion to open the Joint Public Hearing for the Town Council, Council Member McCabe seconded; motion passed unanimously. At this time Council Member Decker asked to be put on record that he was against this unscheduled meeting. He also wanted the public to be aware that he would be requesting an ordinance that would require a unanimous Council decision to change future unscheduled meeting dates. Town Planner Bout ell then described the "The Knoll" to the Council as being an undeveloped parcel located in the East part of Trophy Club. The parcel was originally zoned R -i5, but the developer has lot sizes greater than that for this PD Planned Development. The RD also includes outstanding amenities of extensive landscaping, a controlled entrance, and decorative wrought iron fencing throughout. The applicant, John Harbin, V -P of Beck Properties, Inc. completely agreed with the recommendations for changes from the Town Planner and Planning and Zoning Commission regarding development standards, covenants, and deed restrictions. Chairman Hamper asked to be on record that all temporary buildings and construction trailers need prior approval from the Commission and Council and need to have specific descriptions. He was adamant about no exceptions being made to this standard. Applicant Harbin then informed the Council that "The Knoll", the highest point in Trophy Club, is an island completely surrounded by the "Eagle Course" which will have a central park. This pristine piece of property will be a gated community with most lots facing the park or both the park and the golf course. The high priced homes with a minimum lot size of R-15 Single Family Residential to a half acre will maximize views and save existing trees. The public had no response to this PD Planned Development. Page 4, Joint Public Hearing/Town Council and Planning and Zoning Commission 08/01/96 Other concerns from the Commission and Council which the applicant readily agreed to comply were: 1. an exhibit of the light fixtures 2. no wooden shingles 3. all utilities in the rear of yards 4. the wrought iron fencing at a maximum height of four feet Chairman Hamper with agreement from Town Attorney Hill informed Council Member Decker that the developers would have to meet any future modifications of standards like upgrading the concrete quality for streets. As no other discussion ensued, the meeting continued to part B of agenda item five, the rezoning for "Hogan's Glen". Town Planner Boutwell explained that the applicant, again John Harbin of Beck Properties, Inc., is developing another gated community with a roadway and bridge which will be moved back from Indian Creek Drive to make a sight distance problem at the entrance safer. This land is already platted 7� for,000Isquare foot lots, and the applicant is asking for ---Tots�-smaller than R-12 but -larger than what is already there. These lots will be valued at $65,000 to $115,000 each. Applicant Harbin then presented handouts addressing the former concerns of: 1. an architect's drawing of the bridge which will be culverts with rock facing and wrought iron fencing 2. the masonry and wrought iron fencing along the streets no wood at all) 3. the architect's drawing of the gate house 4. the drawing of the decorative paving 5. the labeling and clarification of the common areas 6. the trail system which does not connect to any other developments It was agreed that Lot 12 which will have an angled entrance to accommodate a crash gate for emergency vehicles will be studied when the plat is submitted for approval. Val and Kandy Franklin of -15 Cypress Court expressed their Page 5, joint Public Hearing/Town Council and Planning and Zoning Commission 08/01/96 concerns about the crash gate and fence which will connect to Cypress Court where the storm drainage easement is now. As there were no other comments, the meeting proceeded to part C of agenda item 5, the approval of a site plan for a convenience/retail store (including gasoline service). Town Planner out ell reminded the Council that tonight's issue of this site plan was only a part of an already approved PD Planned Development. The applicant, H. D. "Hap" Baggett, President of Synergy Properties, Inc. commented that this PD was first presented a year ago August. He then re -explained that the site plan has the following: 1a the convenience/retail store facing S.H. 114 not toward the bank), a residential appearance 3e large landscaped areas 4. construction materials of the same consistency 5. seven foot entry blockage 6. up -scale and expensive buildings 7. lighting poles lowered from 20 feet to 16 feet Applicant Baggett also informed the Council that the projected completion date for this retail PD Planned Development is June of 1997. At this time John Farrell of TTCO Stores, Inc. requested that four instead of three gasoline pumps be installed strictly as a safety and customer service issue. The fourth pump would minimize stacking problems. Council Member Decker clarified that each gasoline dispenser would have a nozzle on each side to service a total of eight cars. The dispensers would be under a canopy for, card entry credit payment and that two underground storage tanks would be included. Council Member Moore confirmed that masonite lapped siding was to still be used. Roy Gammon of 1110 Sunset Drive agreed that the four pumps was a good plan, but expressed grave concerns about the underground storage facilities. He asked for outside consultations to assure that the governmental regulations would be adhered to. He asked the Council to table this site Page 6, Joint Public Hearing, Town Council and Planning and Zoning Commission 08/01/96 plan to discuss and consider in detail the consequences of public and environmental safety. He also was disappointed with the unfinished perimeter fence. He asked that it be completed before approving any plans. Harry Dayton of 103 Fairway Village Drive questioned why the number of pumps went from two to four and reminded the Council of the history of this piece of land. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO CLOSE PUBLI(_� HEARING OR CONTINUE TO A DATE CERTAIN. As no other discussion ensued, Commissioner Williams made a motion to close the public hearing for the Planning and Zoning Commission. Commissioner Paige seconded; motion passed unanimously. Council Member McCabe then made the motion for the Town Council to also close. Council Member Moore seconded-, motion passed unanimously. TOWN COUNCIL MEETING TOWN COUNCIL TO CONSIDER THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION//TOWN PLANNER/ AND TAKE APPROPRIATE ACTION. A. THE REZONING OF A TRACT OF LAND FROM R-15 SINGLE FAMILY DISTRICT TO PLANNED DEVELOPMENT DISTRICT (FOR RESIDENTIAL USES) AND GENERALLY DESCRIBED AS "THE KNOLL". B. THE REZONING OF A TRACT OF LAND FROM R-12 SINGLE FAMILY DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT (FOR RESIDENTIAL USES) AND GENERALLY DESCRIBED AS "LAKE FOREST PHASE _1V" AND NOW AS "HOGAN'S GLEN". C. APPROVAL OF A SITE PLAN FOR A PROPOSED CONVENIENCE/ RETAIL (INCLUDING GASOLINIE SERVICE); PURSUANT TO THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09. Chairman Hamper requested that discussion and action be taken on all three issues first by the Commission and then by the Council. After a short discussion Commissioner Williams made a motion to recommend that the Council approve the rezoning for the PD known as "The Knoll". Commissioner Reed seconded. Before voting Commissioner Paige requested that the discussed stipulated changes be included and subject to Town Planner and staff approval. Commissioner Williams accepted this amendment and restated his motion. Again Commissioner Reed Page 7, joint Public Hearing, Town Council and Planning and Zoning Commission 08/0,1/96 seconded; motion passed unanimously. Discussion ensued about PD's '*Hogan"s Glen" possibility of incompleteness to Phase !I, the wall, and sculpture. It was noted that Phase I would include all the necessary infrastructure for the development and the rest would be purely aesthetics. The applicant offered to create a developer's agreement addressing this issue to present before platting. Commissioner Paige then made a motion to recommend to the Council the approval of the rezoning for "Hogan's Glen" with the inclusion of the discussed changes and subject to the Town Planner and staff approval. Commissioner Williams seconded; motion passed unanimously. At this time the public's concerns were addressed. Mr. Gammon was assured that many strict controls would be in place regarding the underground storage tanks. The construction was under the T.N.fie .C.C. (Texas Natural Resource Conservation Commission) with its very extensive requirements for record keeping, maintenance, safety, and regularly supervised visits. Also the storage tanks have met the specifications for the Town's engineering firm of Teague, Nall and Perkins. With regard to the fence the Town O=rdinance states that each tract upon completion requires fencing, however, this applicant exceeded the ordinance and has the fence done in its entirety of the PD Planned Development. The Planning and Zoning Commission expressed that it has not acted in a capricious manner and has strictly stayed within the State laws and the Town's Comprehensive Land Use Plan when considering this retail PD Planned Development. Commissioner Williams pointed out that this one has actually exceeded the Plan's PD requirements. Commissioner Williams then made a motion to recommend the approval of the site plan with any stated changes to the Town Council. Commissioner Reed seconded; motion passed with Commissioners Paige, Reed and Williams in favor and Commissioner Schaaf opposing. Commissioner Schaaf requested for the record that he opposed the motion because four dispensers are too many for just convenience's sake, too much concrete around the building, metal columns instead of stone, ten foot high pumps are too high, and the canopy being too visible. At this time Council Member Decker made a motion to approve the Commission's recommendation with addressed changes for the rezoning of "The Knoll". Council Member Moore seconded, Page 8, Joint Public Hearing, Town Council and Planning and Zoning Commission 08/01/96 motion passed unanimously. Council Member McCabe then made a motion to approve the recommendation as stated by the Planning and Zoning Commission for the rezoning of "Hogan's Glen". council Member Decker seconded; motion passed unanimously. Council Member Moore made a motion to approve the site plan of the convenience/retail store as proposed and subject to the Planning and Zoning Commission's changes. Council Member McCabe seconded; motion passed with Mayor Pro Tem Glaspell and Council Members McCabe and Moore in favor and Council Member Decker opposing. Council Member Decker stated that there was no pragmatic difference between three and four pumps and that the developers should come more prepared and not expect the Town to adjust to their last minute wishes. PRESENTATIONS BY CITIZENS. No presentations were given by the citizens. STAFF AND COMMITTEE REPORTS. No reports were given. PRESENTATIONS BY COUNCIL. Council Member Decker announced that he would be out of the country for the August 12th Westlake Town Council Meeting and would be sending Town Manager Welsh instead. ADJOURN. As there was no other business to discuss, Commissioner Williams made a motion to adjourn the joint session for the Planning and Zoning Commission. Commissioner Paige seconded; motion passed unanimously. For the Town Council Member McCabe made the same motion at 9:16 p.m. Council Member Moore seconded; motion passed unanimously. The next regularly scheduled meeting is Tuesday August 6, 1996. MAYOR PRO TEM Page S, Joint Public Hearing/Town Council and Planning and Zoning Commission 08/81/86 TOWN SECRETARY PLANNING & EONING CHAIRMAN PLANNING & ZONING SECRETARY August 1, 1996 TO: Residents, Town Council, Planning and Zoning Commission, Staff and Developers. FROM: Mayor Jim Carter I wish to explain my absence from the Public hearing tonight. In my eleven years as Mayor, I have never missed a Public Hearing. I am on less than a week vacation where all the members of my family are with me. We had planned the vacation, arranged time off from our various companies, and made reservations some three months ago. To attempt to change these plans at the time I was notified of the meeting date, (more about that later), would not be feasible considering that my grandchildren start school August 13th and other arrangements that would be required. I had looked into flying back for this meeting, but to tie up almost two days of the four days we will be on vacation was not practical. When setting meetings that do not fall on a normal meeting date, our procedure has always been to contact all Council members, advise them of the date and determine their availability. This procedure is a prerequisite in order to determine if a quorum will be present. This process was not observed, as the Council was informed on July 10th, after the date was set up with the applicants. On July 11th, the day after I received notice of the meeting, the Town Secretary, Town Manager and I discussed the agenda items to be addressed at the hearing. This is our normal procedure. After agreeing that the zoning issues are very sensitive to the citizens, we felt it should be addressed on our regular agenda which would have been the third Tuesday, August 20th. We told the staff to notify all concerned. At the Planning and Zoning Commission meeting on July 11th, the Planning and Zoning Chairman announced the August 20th date. The question of the date was raised by one of the applicants. The Planning and Zoning Chairman then questioned me on the date. I informed him that the subjects of the Public Hearing were the most sensitive issues the Town has faced. My motives were to avoid any criticism of holding a meeting on a date the residents did not normally attend. I wanted the citizens to have an opportunity to participate. I also want to be present as the citizens have elected me and the Council to represent their interest. I told the Chairman I could be available any time after August 4th. The applicant strongly requested the meeting be on August 1st. The Planning and Zoning Chairman pressed for an answer. I polled the Council. Three of the council opted to hold the meeting on August 1st. The Town Council has been dealing with a number of issues, one being perception. For the entire time I have been Mayor, we have closely guarded our control of the Town. We have had previous developers try various methods to erode the Council's power. I am not suggesting the current developers would engage in these practices. However, a number of issues regarding the agenda matters have not been addressed. I have some questions I will address to the applicants. A number of citizens have approached me asking who is protecting their interest. I want to assure them that the Council is doing their duty and keeping with their sworn responsibilities. I also want the Council to confirm to the citizens that developers are not trying to unduly influence the Council or have an inside track on the decision making process within the Council. We need for the residents to have faith in the Council. Citizens should also understand that developers can have the Town's best interest as the number one priority in the projects they propose. Again, let me apologize for my absence. I will be listening to the tapes and be very interested in citizen input and the Town Councils decisions. Best Regards, Jim Carter ,'Mayor ,