Minutes TC 11/21/1995MINUTES OF JOINT PUBLIC HEARING/PLANNING AND ZONING
COMMISSION/TOWN COUNCIL
TROPHY CLUB` TEXAS
NOVEMBER 21, 1985
THE STATE OF TEXAS §
�
COUNTY OF DENT0N §
The Town Council of the Town of Trophy Club, Texas met in
eu Joint Public Hearing with the Planning and Zoning
Commission on Tueaday. November 21, 1885 at 7:00 p.0. The
meeting was held within the boundaries of the Town and was
open to the Public.
Council Members Present:
Jim Carter
Mayor
Marshall Engelbeck
Council
Member
Doug 8laspell
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
Comm iss1one r
Commissioner
Also present were guests and staff members:
John Hill
Donna Welsh
Dan Boutwell
David Miller
Pauline Shaw
Bill Le(]rand
Karen Sadri
Hap Baggett
Hick Horn
Staff Members Absent:
Jack Jacobs
CALL TO ORDER.
Town Attorney
Town Manager
Town Planner
Chief of Police
Planning & Zoning Administrator
Director of Public \4OrkS
Town Secretary
Oakmont Enterprises, Inc.,
Applicant
Representative of Carter and
Burgess Engineering Firm
Town Treasurer
Mayor Carter called the meeting to order at 7:80 p.m., noting
a quorum was preoent. He then welcomed Council Members,
Commissioners, staff and gumstg.
Page 2, Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/85
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 Co -Chairman Booker.
PUBLIC HEARING
TOWN COUNCIL TO CONTINUE A PUBLIC HEARING JOINTLY WITH THE
TOWN PLANNING AND ZONING COMMISSION, WHICH JOINT PUBLIC
HEARING WAS CONTINUED FROM NOVEMBER 2, 1895' TO CONSIDER THE
FOLLOWING:
A. REZONING 1 TRACT OF LAND FROM CG -COMMERCIAL GENERAL
TO PD -PLANNED DEVELOPMENT (FOR PROFESSIONAL OFFICE AND
COMMERCIAL GENERAL USES, INCLUDING GASOLINE SERVICE STATION).
Before opening the Public Hearing, Mayor Carter introduced
the members of the Town Planning and Zoning Commission to
those in attendance' He also asked Town Planner, Dan
Boutwell, to summarize what occurred at the November 2, 1985
Public Hearing.
Town Planner Boutwell explained that the Public Hearing
consisted of two '2) cases from the applicant, Oakmont
Enterpriaea, Inc.. 0ne 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 ��st
Public Hearing closed on the PD -Gated Community r^qugSt, |he
Villas, and the commercial planned development, The Village,
is still open.
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 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 su motion to call the same
meeting for the Town Council. Council Member Engelbeok
seconded; motion passed Unanimously.
Page 3, Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/85
Using the architect's renderings of the proposed "Village",
applicant Hap Baggett of Oakmont Enterprises, Inc. described
the location and concept of this non-residential planned
development. The 8.9 acres at the northwest corner of Trophy
Club Drive and Highway 114 has u 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., Cy 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.
Jon Livers of 111 CarnouStie Drive supported ^ The Village".
He 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 8outwell, explained that the Town has
always known that the open space along Highway 114 was
cOmmerciel. 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 m
planned development.
He reminded everyone that the Town will be receiving the
amenities of additional landaoapinB, stone type fences, Green
area set -backs and ca low profile high quality commercial
project.
WHY HAVE THE SERVICE STATION AT THIS ENTRANCE AND NOT TROPHY
WOOD DRIVE NOR TROPHY LAKE DRIVE)?
Applicant 8aggett answered that this acreage is the most
convenient to hide a service station with three (3) pumps
and will he the least travelled of the entrances when Highway
114 becomes ten (10) 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 11/21/85
He emphasized the increase to the area's 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 8eBBett responded that the quality and amenities of
"The VjlloO*y^ 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:
NaryAOn 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
Jan Clinkenbeard
E. A. Decker
Dan Hill
In addition to those who spoke, e petition with over a
thousand signatures opposing the service station was
submitted to the Council.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/UR
CONTINUE TO A DATE CERTAIN.
Since no one else wished to speak at the public hearing,
Co -Chairman Booker made a motion to close the 'mint public
hearing on ~The Village" at 8:29. Commissioner Mayfield
seconded; motion passed unanimously.
Mayor Pro Tem Hill then made the same motion for the Town
Council. Council Member Moore seconded; motion passed
unanimously.
Page 0, Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/95
Council Member Glnspell followed with the same motion for the
Town Council. Mayor Pro Tem Hill seconded; motion passed
unanimously.
END OF JOINT SESSION WITH THE PLANNING AND ZONING COMMISSION.
TOWN COUNCIL MEETING
TOWN COUNCIL TO CONSIDER APPROVAL OF A LEASE AGREEMENT WITH
THE DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FOR PUBLIC PARK
AND RECREATIONAL PURPOSES. THIS IS THE AREA OF THE GOLF
COURSE THAT CROSSES MARSHALL CREEK ON CORPS PROPERTY,
It was established that this was a Standard 30 year lease
with no financial obligations to the Town and with e year
cancellation notice.
Mayor Pro Tem Hill then made a/ motion to approve the lease
agreement. Council Member Qlaspell seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER APPROVAL OF A SUB -LEASE AGREEMENT
WITH COBBLESTONE GOLF GROUP OF TEXAS. THIS IS A SUB -LEASE TO
THE TOWN'S LEASE WITH THE CORPS OF ENGINEERS.
Mayor Pro Tem Hill made a motion to approve the sub -lease
agreement. Council Member Glaapall seconded with amended
annual administrative fees from $18.00 to $150.08. 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 Gluepell seconded; motion failed
with Council Members Stoltz and 8laopell in favor and Council
Members Engg7beck, Hill` and Moore opposing.
Council Member Glagpell then made m motion to approve the
sub -lease agreement with the amendment of an annual
administrative fee of $150.00. Council Member Moore
seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER AN ORDINANCE REQUIRING A 300 POUND
RATING OR A 40 YEAR WARRANTY FOR SHINGLES: (1) INSTALLED ON
THE ROOF OF ANY BUILDING OR STRUCTURE FOR 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 ISSUED OR WHICH WAS
CONSTRUCTED OR ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS
ORDINANCE PROHIBITING THE USE OF WOOD SHINGLES AND W0ODSHAKES
WITHIN THE TOWN EXCEPT FOR ROOF REPAIR PURPOSES IN CERTAIN
INSTANCES; PROVIDING DEFINITIONS REQUIRING A PERMIT TO REPAIR
OR REPLACE ROOF WHERE MORE THAN TWENTY-FIVE PERCENT (25%)
OF THE AREA OF THE H00F IS BEING REPAIRED OR REPLACED;
Page 5' Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/85
END OF PUBLIC HEARING
JOINT SESSION AGENDA:
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE
REZONING A CERTAIN TRACT OF LAND CONTAINING APPROXIMATELY A
9.9 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE
INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AS
DESCRIBED IN EXHIBIT ^A^ ATTACHED HERETO AND INCORPORATED
HEREIN'`FROM ITS CURRENT ZONING OF CG -COMMERCIAL 8ENERAL T()
PD -PLANNED DEVELOPMENT FOR RETAIL (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 8:20 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 8lespell then made a motion to accept the
recommendation from the Planning and Zoning Commission and
adopt the ordinance with any needed corrections. Council
Member Moore seconded; motion passed with Council Members
Glmepgll, Hill, Moore and Stoltz supporting and Council
Member Engelbgck dissenting.
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE
REZONING THREE TRACTS OF LAND DESCRIBED GENERALLY AS A 5.84
ACRE TRACT AND A 4.52 ACRE TRACT (THE 4.82 ACRE TRACT BEING
TWO TRACTS OF LAND BEING SITUATED WITHIN A SINGLE PROPOSED
SUBDIVISION) LOCATED ALONG TROPHY 4/Q@O DRIVE AND WEST OF T.W.
KING ROAD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT ^A^
ATTACHED HERETO AND INCORPORATED HEREIN, FROM THEIR CURRENT
ZONING OF R-12 SINGLE FAMILY RESIDENTIAL DISTRICT TO PD -
PLANNED DEVELOPMENT FOR SINGLE FAMILY USES.
Commissioner Cotton made e 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 Fro Tem Hill then made a motion to accept the
recommendation from the Commission. Council Member Glasp8ll
seconded; motion passed unanimously.
ADJOURN JOINT SESSION WITH THE PLANNING AND ZONING
COMMISSION.
At 8.57 Commissioner Cotton made a motion to adjourn the
'Dint session. Commissioner Williams seconded; motion passed
unanimously.
Page 7' Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/05
REPEALING ORDINANCE NO. 84-13 RELATING TO ROOF REPAIR 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 Hill then made a motion to adopt the ordinance
as it is written. Council Member Engelbech seconded; motion
passed with Council Members EnBmlbeok, Glanpell, Hill' and
Moore in favor of and Council Member Stoltz against.
TOWN COUNCIL TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR
0AKM0NT 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 Blaspell seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR
0AKNDNT ENTERPRISES INC. CONCERNING A 8.9 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 Glaapell
seconded; motion passed with Council Members 8laapell, Hill,
Moore and Stoltz for and Council Member Engelbeck against.
TOWN COUNCIL TO CONSIDER /\ RESOLUTION REAPPOINTING JAMES P.
CARTER AS THE MUNICIPAL COURT JUDGE OF THE T0NN-^ PROVIDING
AN EFFECTIVE DATE.
Council Member Qlasp8ll made o motion to accept the
resolution as it reads. Mayor Pro Tem Hill seconded; motion
passed unanimously.
TOWN COUNCIL TO CONSIDER A RESOLUTION APPROVING AND ADOPTING
AN AMENDED AND RESTATED CONTRACT BETWEEN THE TOWN AND THE
TOWN OF WE8TLAKE, 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 mad** a motion to adopt the resolution.
Council Member Moore seconded; motion passed unanimously.
Page 8, Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/85
TOWN COUNCIL TO CONSIDER A RESOLUTION APPROVING THE GREATER
DALLAS -FORT WORTH REGIONAL LAW ENFORCEMENT INTERLOCAL
ASSISTANCE AGREEMENT; AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE THE SAID AGREEMENT; PROVIDING AN EFFECTIVE OATE,
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/OR
AMBULANCE SERVICE; AUTHORIZING 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 EDQelbeok seconded; motion passed
unanimously.
STAFF AND COMMITTEE REPORTS.
Public YYOrhS Director LeGraDd announced that Phase II of the
street repairs would be completed the first weak of December.
Town Manager Welsh reported the roll -back tax at $40,000.00.
PRESENTATIONS BY COUNCIL.
Council Member Stoltz reminded everyone of the Tree Lighting
Ceremony on December 2nd at 8:00 p.m.' and the NWISD Board
tax abatement meeting on Monday the 7T -h.
ADJOURN
There being no further business to discuss, Mayor Pro Tem
Hill made e motion to adjourn at 10:59. Council Member
Stoltz seconded; motion passed unanimously.
Page 9, Joint Public Hearing/Planning and Zoning Commission/
Town Council 11/21/65
TOWN SECRETARY
PLANNING & ZONIN6 CHAIRMAN
PLANNING & ZONING SECRETARY