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Minutes TC 12/16/1985--^ MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXASCOUNTY OF DENTON ) ) The Town Council of the Town of Trophy Club met in Regular Session on December 16, 1985 at 7:00PM. The meeting was held at the Municipal Utility District Building, 100 Water Plant Road, Trophy Club, Texas. The meeting was held within the boundaries of the Town and open to the Public. Jim Carter Terry Vance Bettye Dayton George Doran Aldo Martignago Ted Neidenberger Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Also present, members of the City staff: John Hill John Jacobs David Nolte Donna Welsh Attorney City Treasurer Marshal City Secretary Mayor Carter called the meeting to order at 7:05PM. INVOCATION Mr. Dick Morey, 12 Lake Forest Drive, led the Invocation. PLEDGE OF ALLEGIANCE Mayor Carter led the Pledge of Allegiance. Mayor Pro Tem Vance made a motion to adopt the minutes of the November 25, 1985 meeting as written, Council Member Dayton seconded, motion carried unanimously. Mayor Pro Tem Vance made a motion to adopt the minutes of the December 3, 1985 meeting as written, Council Member Doran seconded, motion carried unanimously. Council Member Doran made a motion to adopt the minutes of the December 9, 1985 meeting as written, Mayor Pro Tem Vance PUBLIC HEARING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT CLASSIFICATION WITH SPECIFIC USE PERMIT NO. 1 FOR A CHURCH USE ON AN 11.8 ACRE TRACT AT THE SOUTHWEST CORNER OF TROPHY CLUB DRIVE; PROVIDING SPECIFIC USE PERMIT REGULATIONS FOR THE CHURCH USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EMERGENCY. Mayor Carter stated that he was a member of the Church requesting the zoning and asked Mayor Pro Tem Vance to lead the Public Hearing on the Ordinance. PUBLIC COMMENT: PLANNING AND ZONING COMMENT: Mr. Alexander, Chairman of the Commission, stated that Freese and Nichols had made recommendations to the Ordinance. These have been reviewed by the Commission and presented to the Council. A copy of these proposed changes is filed with the minutes of this meeting. Commission Member Tynes made a motion to recommend these revisions to the Council as written, Commission Member 7 ~England seconded, motion carried with Commission Member Benton abstaining. Commission Member Benton is a member of the Church requesting zoning. Council Member Doran made a motion to adopt the Ordinance with the recommended revisions, Council Member Neidenberger seconded, motion carried unanimously. NEXT ORDINANCE TO BE CONSIDERED: SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT DISTRICT. ITS CAPTION READS: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING REGULATIONS FOR A SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT; PROVIDING USE, HEIGHT, AREA AND BUILDING REGULATIONS; PROVIDING FOR SITE PLAN REVIEW; PROVIDING FOR PLATTING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS (1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Mayor Carter asked for any comments or questions from the Public. Jan Clinkenbeard, Fairway Village- Mrs. Clinkenbeard stated that she felt that 8 units per acre and 3,000 sq. ft. lots would be entirely too dense. Mrs. Clinkenbeard was also concerned with the minimum square footage of 1,200. Beth Hayden, Oakmont Drive- Mrs. Hayden stated that 8 units per acre would be too crowded and this was the very reason Trophy Club incorporated, to keep high density down. Carole Nolte, Oakmont Drive- Mrs. Nolte agreed with Mrs. Hayden and asked the Council to study the high density question carefully. Joyce Jones, Inverness Drive- Mrs. Jones stated that she agreed with the concerns expressed by the Citizens. Bill Tynes- Mr. Tynes stated that he was speaking as homeowner, (Mr. Tynes is a member of "he Planning and Zoning Commission). He stated that being a new member of the Commission he had not worked on this Ordinance but he agreed with the previous homeowners comments. Mr. Tynes stated that this Ordinance would set a pattern for years to come. He pointed out that it had been his experience that there would be a lot requests for whatever minimum requirements were set. Mr. Tynes stated that Trophy Club has not exhibited that it needs this type of housing and urged the Council not to approve it. Jan Clinkenbeard- Mrs. Clinkenbeard stated that she has lived in several "special residential" areas and they do not have to be high density. John Jacobs, 101 Pebble Beach- Mr. Jacobs stated that this Ordinance would set a precedence for the future and asked the Council to examine it carefully before making a decision. Jim Kardish- Mr. Kardish pointed out to the Council that so far in the meeting there has not been one positive comment in favor of special residential. Ralph Kemp- Mr. Kemp stated that he was speaking as a homeowner and not a Commission member. Mr. Kemp stated that he was a new member of the Commission and had he been involved in forming the Ordinance, he would have proposed a lower density and a larger building site. Vance Booker- Mr. Booker stated that he agreed with the previous comments from the homeowners and reminded the Council that this was the very reason Trophy Club incorporated, to control the high density projects. Frank Spruill, 11 Creekmere- Asked the Council to "please defeat the Ordinance". Jean Carter, 204 Fresh Meadow- Mrs. Carter pointed out that the multi -family housing currently in Trophy Club was not selling, and asked the developer what made them think more of this type of housing would enhance the area. Tracy Kunkel, G Muirfield- Mrs. Kunkel pointed out that the study the Citizens Advisory Committee survey showed that Oak Hill has special residential with three units per acre, the Summit has 5.43 per acre, Avenue Twenty has 4.08 per acre and Fairway Village has 7.1 per acre. Mrs. Kunkel pointed out that Fairway Village is the highest per acre at this time. Mr. Barry Knight~ Attorney for Independent American stated that he found the comments interesting. He stated that the Quorum, Townhomes and Plantation are not special residential. He stated that the Knoll and Nelson properties will be expensive sites which will require a very high value house in order to Justify the land value. Mr. Knight stated that special residential is a choice of lifestyle rather than a choice of quality. Special residential has been used very successfully for "empty nesters" and people without children. Mr. Knight introduced Mr. Tom Lawrence, of Johnson, Johnson and Roy, who presented a slide show giving examples of various types of special residential. � ��arry Ann Elliott- Mrs. Elliott stated that she lives across the road from the duplexes on Indian Creek and they in no way have enhanced her property. Mr~ Knight stated that the townhomes are not special residential. Carol Nolte- Mrs. Nolte stated that she and her family moved to Trophy Club under the impression it would stay single family homes. She stated that now her house overlooks the Quorum development. Bill Haggerty- Mr~ Haggerty stated that the slide presentation showed the special residential with high square footage, the "cadillacs" of special residential. Mr. Haggerty stated that he lives in Fairway Village which is special residential and his home has been on the market for two years. He feels that there is no demand for this type of housing in Trophy Club. Mayor Carter asked Mr. Knight why the developer wants to build zero lot line homes in Trophy Club? Mr. Knight stated that market analysis shows the demand in this area for special residential. Mr. Knight pointed out that these would be single family and not rentals. Laddie Woods, Independent American, quoted from MPF Research report covering the third quarter of 1985. The report figures showed a high number of sales in the special residential sales. Mayor Carter read from a market survey that stated single family housing is still dominant in Trophy Club and more suburban areas and the mid -density housing is gaining popularity in close in neighborhoods. Mr. Woods stated that the report Mayor Carter was reading from was outdated, (1984). He stated that this was done before I.B.M. made their announcement to start construction in the area. COUNCIL COMMENTS Council Member Dayton stated that the slide presentation did not show anything in the 1,200 sq. ft. size house with a 3,000 sq. ft. lot. She also stated that her lot is next to the smallest in Fairway Village, approximately 3,800 sq. ft., and she couldn't imagine a 3,000 sq. ft. lot. Council Member Dayton stated that Fairway Village has not been that successful for resales. She is in favor of special residential but not on such small lots. Mayor Pro Tem Vance stated, that he is not for any more multi- family such as exists n"A in Trophy Club but he feels there should be a choice of housing such as special residential for different lifestyles. He stated that he is concerned with the conservation of Trophy Club and is interested in a tree conservation ordinance. Mayor Pro Tem Vance stated that the City has a greater deal of control as to what is built and can assure vaIue as well as architecture in future developments. 1. 1~4 "C" -Minimum of 1,500 sq. ft. per unit. 2. 1.5 "A" -Under the "type of material", on the exterior of the building, the Ordinance refers to main buildings and accessory buildings, Mayor Pro Tem Vance would like to see the type of material refer to main buildings and accessory buildings. 3. Minimum of 1 exterior parking space per unit. Council Member Neidenberger stated that Trophy Club has a lot of transient people and feels there is a need for special residential. He stated that if it is done right is can be a valuable asset to the Community. Council Member Doran stated that the Planning and Zoning Commission has put in may hours on this ordinance before recommending it to the Council. He stated that after hearing the comments from the residents and members of the planning and Zoning Commission, maybe the Commission should look again at the ordinance. Council Member Doran asked the question if the Council could seriously consider special residential after the comments heard tonight. Council Member Martignago stated that running for the Council was a learning process. The items coming before the Council now are the "heart of the problem". He stated that the City has to realize the need for special residential but it has to be conducive to the lifestyle in Trophy Club. He stated that special residential can be used without endangering the value of existing homes. Council Member Neidenberger made a motion to change section E, 1.4 frorii 8 to 6 units per acre. Motion carried with Mayor Pro Tern Vance opposing. Council Member Nei.denberger made a motion to add to section 1.7 "C" the following: Ordinance to require deed restrictions and covenants as part of platting requirernent prior to the issuance of the building permit, subject to review by the Planning and Zoning Commission and approval of the City Council. Council Member Doran seconded, motion carried unanimously. The Council then considered Mayor pro Tem Vance's motion for the following modifications: 1. Section 1.5 "A" -Type of materials to apply to main buildings and accessory buildings. W. Minimum of one exterior parking space per dwelling unit. 3. 1.4 "C"-Minirnurn of 1,500 sq. ft. The vote for these arnendrnents was unanimous. NEXT ORDINANCE: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT DISTRICT REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF TROPHY CLUB, 'T'EXAS, BEING THE NELSON TRACT COMPRISING APPROXIMATELY 6.9 ACRES LOCATED AT THE NORTHEAST CORNER OF TROPHY CLUB DRIVE AND INDIAN CREEK DRIVE:, AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,0u:0.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Ralph Kemp- Mr. Kemp stated that since this was the last parcel Mr. Nelson would probably develop in Trophy Club, he should make provisions for park areas or cash equivalent. Mr. Alexander pointed out that the platting requirements in this Ordinance would cover the park situation~ John Jacobs, 101 Pebble Beach- Mr. Jacobs was concerned with the access to the property and was concerned with the traffic problems it might cause on Indian Creek. Mr. Nelson pointed out that an entrance was planned on Trophy Club Drive. Council Member Doran made a motion to approve the Ordinance as written, Council Member Martignago seconded, motion carried unanimously. NEXT ORDINANCE: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT DISTRICT REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF TROPHY CLUB, TEXAS BEING 21.1941 ACRES OF LAND COMMONLY KNOWN AS THE KNOLL LOCATED IN THE M. MEDLIW SURVEY, ABSTRACT NUMBER 832 AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. COMMENTS: John Jacobs, 101 Pebble Beach- Mr. Jacobs expressed concern over the traffic situation on Indian Creek and felt that without another access to Trophy Club from the east side the situation would worsen. Bill Tynes- Mr. Tynes felt that the density was too high. He stated that he felt the P & Z should review more extensively. He stated that R-10 would be adequate for this property and he was opposed to the Ordinance because of the density. Jan Clinkenbeard- Mrs. Clinkenbeard presented a map for the Knoll and stated that she felt it would be too dense as Council Member Weidenberger- Council Member Neidenberger stated that his concerns were about drainage. He stated that it is heavily treed now but with the density that is proposed could be a drainage problem for adjoining areas. Mr. Nelson- Mr. Nelson stated that the drainage could be handled with storm drains. Council Member Dayton- Council Member Dayton stated that she felt more study should be done on traffic and drainage. Sine feels reluctant to zone for more special residential until the Master Plan is completed. Gene Aerstin- Mr. Aerstin stated that he felt the Knell was too big for special residential. He felt that special residential should be for specific tracts or buffering. Mr. Tynes and Mr. Kemp, both members of tine P & Z agreed with Mr. Aerst in. Mr. Knight, Attorney for Independent American, stated that because of the topography of the Knoll, it could be used in different ways to enhance the area. He also stated that the zoning for the Knoll was very important to Independent American's lender for development financing. Council Member Martignago stated that he felt it was premature to zone the Knoll especially since members of the P & Z have expressed reservations. Council Member Dayton stated that she felt the Council was being rushed into this zoning and would like to wait on the Master Plan. Council Member Doran made a motion to adopt the Ordinance as written, Council Member,' Nei denberger seconded, motion carried with Council Member's Dayton and Martignago opposing. PRESENTATIONS BY COUNCIL Mayor Pro Tem Vance stated that the C.I.A. was given a proposal with a time -table for turning C.I.A. functions over, to the City. The C. I.A. will review the plan and come back with recommendations. Council Member Doran the drainage in front of the Bl.ackaby's property on Troon is worse than ever. The County had done some work on the property but it has not eliminated the problem. Mayor Carter, will follow up on the situation. CONSIDERATION OF RESOLUTIONS/ORDINANCES FIRST READING The City Secretary read the captions of two Ordinances to be considered at the next regular Council meeting. 1. AN ORDINANCE ADOPTING STREET CONSTRUCTION AND DRAINAGE STANDARDS. 2. AN ORDINANCE PROHIBITING THE US)E OF FIRE WORKS IN THE TOWN LIMITS. w CONSIDERATION OF ORDINANCES/RESOLUTIONS: SECOND READING 1. DEDICATION OF PARK LAND WITHIN THE TOWN LIMITS OF TROPHY CLUB. Mayor Pro Tem Vance made a motion to table the Ordinance until the next meeting, Council Member Martignago seconded, motion carried unanimously. 2. AN ORDINANCE MAKING PROVISIONS REQUIRING A SINGLE FAMILY RESIDENCE LICENSE: PROVIDING A LICENSE FEE AND A REINSPECTION FEE. Council Member Doran made a motion to table the Ordinance until the next meeting, Council Member Dayton seconded, motion carried unanimously. EXECUTIVE SESSION The Council adjourned into Executive Session in accordance y with Article 6252-17 V.A.T.C.S. OPEN SESSION No other business discussed. ADJOURN Council Member Martignago made a motion to adjourn, Council Member Neidenberger seconded, motion carried unanimously.