Agenda Packet TC 09/28/2015 - Special SessionTown Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, September 28, 2015
SPECIAL SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM
REGULAR SESSION
1.2015-0637-T Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal
Utility District Wastewater Treatment Facility, Trophy Club, Texas, including
consideration and action on related waivers to the Town’s Subdivision Regulations as
requested by the applicant.
Staff Report - MUD Final Plat.pdf
Exhibit A - Final Plat Exhibit.pdf
Exhibit B - 9-4-2015 Letter from MUD.pdf
Exhibit C - Roadway Curvature_As-Built Exhibit.pdf
Exhibit D - Location Map.pdf
Attachments:
2.2015-0638-T Conduct a hearing as requested by the Trophy Club Municipal Utility District No. 1 to
consider its request for waivers to various provisions of the Town’s Subdivision
Regulations applicable to the development of the Wastewater Treatment Plant (request
dated September 4, 2015); Council to consider and take appropriate action regarding
same; discussion and direction regarding Site Plan requirements for the development
of the Wastewater Treatment Plant.
EXECUTIVE SESSION
3.2015-0639-T Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
closed executive session to discuss the following:
Texas Government Code Section 551.071(1) Consultation with Attorney regarding
pending or contemplated litigation and Section 551.071(2) Consultation with
Attorney, in order to consult with its attorney on a matter in which the duty of the
attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding the Trophy Club Municipal Utility District No. 1 request
for hearing under Town Subdivision Regulations, Town Development
Regulations, and Site Plan Requirements
(B) Actions of Trophy Club Municipal Utility District No. 1 regarding service
requests for Meat U Anywhere and Old Town Development (OTD)
Town Council Page 1 of 13 Meeting Date: September 28, 2015
September 28, 2015Town Council Meeting Agenda
RECONVENE INTO REGULAR SESSION
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on September 25, 2015, by 5:00
p.m. in accordance with Chapter 551, Texas Government Code.
Holly Fimbres
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2015.
________________________________, Title: ___________________________
Town Council Page 2 of 13 Meeting Date: September 28, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0637-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/23/2015 Town Council
On agenda:Final action:9/28/2015
Title:Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District
Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related
waivers to the Town’s Subdivision Regulations as requested by the applicant.
Attachments:Staff Report - MUD Final Plat.pdf
Exhibit A - Final Plat Exhibit.pdf
Exhibit B - 9-4-2015 Letter from MUD.pdf
Exhibit C - Roadway Curvature_As-Built Exhibit.pdf
Exhibit D - Location Map.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District Wastewater
Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision
Regulations as requested by the applicant.
Town Council Page 3 of 13 Meeting Date: September 28, 2015
To: Mayor and Town Council
Planning and Zoning Commission
From: Ron Ruthven, Town Planner
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Case #FP-15-063
Planning and Zoning Commission Meeting and Special Town Council Meeting
Monday, September 28, 2015
Agenda Item:
Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility
District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action
on related waivers to the Town’s Subdivision Regulations as requested by the applicant.
REQUEST:
The Trophy Club Municipal Utility District (MUD) is requesting a final plat of 10.58 acres owned
by the MUD in order to expand the existing wastewater treatment plant located off of Junction
Way west of Indian Creek Drive. The plant was constructed approximately 40 years ago and
was expanded ten years later, all of which was completed prior to the incorporation of the
Town in 1985.
CURRENT CONDITIONS AND ZONING:
The subject property contains 10.58 acres and is not platted. In terms of zoning, the southern
6.589 acres is zoned GU-Government Use district and the northern 3.991 acres is zoned CR-
Commercial Recreation district. Utility facilities, such as a wastewater treatment plant, are only
permitted within the GU district with the approval of a CUP, which was approved by the Town
Council on August 11, 2015. The final plat includes all property (10.58 acres) owned by the
MUD
PRELIMINARY PLAT
Approval of a preliminary and final plat is required for the subject property given that it is not
platted. According to Chapter 12-Subdivision Rules and Regulations in the Code of Ordinances,
preliminary plats and final plats must be considered separately.
The preliminary plat was approved by the Town Council on August 11, 2015 subject to the
following conditions:
Page 1 of 3
Town Council Page 4 of 13 Meeting Date: September 28, 2015
1. The MUD shall dedicate the ROW as required by the subdivision regulations;
2. Any existing and future buildings, fences and concrete flatwork are allowed to encroach
in said ROW;
3. Public roadway construction within said ROW shall be deferred to a future date to be
determined by the Town Council. When said roadway is built, existing ROW
encroachments must be removed and/or relocated;
4. Payment of a perimeter street fee is deferred to a future date to be determined by the
Town Council.
A revised preliminary plat reflecting the Council’s conditions above was never submitted after
the preliminary plat was approved as the MUD requested a waiver to the Council’s decision on
the preliminary plat per the attached letter.
Section 3.05(A) of the subdivision regulations states:
“A
.
The Town shall approve a plat if it conforms to:
1. The general plan, rules and Codes of the Town
and its current and future streets, alleys, parks,
playgrounds, and public utility facilities;
2. The general plan, rules and Codes for the
extension of the Town and its roads, streets, and
public highways within the Town and in its
extraterritorial jurisdiction, taking into account
access to the extension of sewer and water mains
and the instrumentalities of public utilities;
3. All requirements of the Town's Subdivision
Regulations and all rules adopted pursuant to
those Regulations or the Town's Zoning
Ordinance.
4. An approved preliminary plat. “
The final plat differs from the approved preliminary plat in that it shows the proposed road
ROW curving to the south so as to avoid a building ROW encroachment by the existing
westernmost building on the property. Although not completely consistent with the approved
preliminary plat, the final plat nonetheless reflects the direction of the Council at the
September 22, 2015 meeting for the final plat to reflect the ROW deviation to the south. The
350 foot radius shown for the road curvature meets the requirements of, and has been
approved by, the Town Engineer.
Additionally, the front setback has been removed from the final plat to reflect the variance
request before the Zoning Board of Adjustment on September 28, 2015.
Page 2 of 3
Town Council Page 5 of 13 Meeting Date: September 28, 2015
STAFF REVIEW AND RECOMMENDATION:
The final plat is not completely consistent with the approved preliminary plat. However, given
Council’s direction at the September 22, 2015 meeting for the final plat, the potential action of
the Zoning Board of Adjustment given the front setback variance, and the significance to the
health, safety and welfare of the community insofar as the expansion of the plant will allow
additional needed capacity, staff agrees that approval of the final plat is consistent with Section
1.03 of the subdivision regulations, which states:
“A. In order to achieve orderly, efficient and environmentally sound subdivision of land, the
Town of Trophy Club must be provided with appropriate guidelines and development
management mechanisms. These Subdivision Regulations, in conjunction with any other
land use control tool as now or hereafter may be adopted by the Town, provide those
guidelines and mechanisms. With this in mind, it is the nature, intent, and stated
purpose of these Subdivision Regulations to:
1. Protect and provide for the public health, safety, and general welfare of the
Community and the safe, orderly and healthful development of the municipality.
2. Guide the future growth and development of the community, in accordance with
the Comprehensive Land Use Plan and adopted development policies.
3. Guide public and private development in order to ensure orderly layout and use of
land, and to ensure adequate transportation, utilities, parks and other public
requirements and facilities.
4. Provide for open spaces, and prevent overcrowding of land, undue congestion of
populations and congestions of streets.
5. Establish reasonable standards of design and procedures for the subdivision of
land in order to further the orderly layout and use of land.
6. Ensure that public improvements are available and have sufficient capacity to
serve the proposed subdivision.
7. Preserve the natural beauty and topography of the Town and to ensure
appropriate development with regard to trees and other natural features.
8. Provide for open spaces through the most efficient design and layout of land.
9. Protect and preserve the character and value of land throughout the Town and the
value of buildings and improvements upon the land.”
The plat meets all other requirements of the Code of Ordinances. Therefore staff recommends
approval of the final plat.
Attachments: Exhibit “A” – Final Plat Exhibit
Exhibit “B” – 9/4/2015 Letter from MUD
Exhibit “C” – Roadway Curvature/As-Built Exhibit
Exhibit “D” – Location Map
Page 3 of 3
Town Council Page 6 of 13 Meeting Date: September 28, 2015
Exhibit A
Town Council Page 7 of 13 Meeting Date: September 28, 2015
September 4, 2015
Patricia Adams
Town Attorney
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
RE: Request for Hearing as Allowed by Section 6.01 of Town's Subdivision Ordinances
Dear Patricia:
Please accept this letter as a "written request identifying items for which the District is requesting the
hearing," as referenced in your September 1, 2015 email addressed to Pam Liston and me. Specifically,
Trophy Club Municipal Utility District No. 1 requests a hearing, as allowed by Section 6.01 of Town's
Subdivision Ordinances, to contest the determination made by the Town of Trophy Club's town council
on August 11, 2015. The District is contesting the interpretation and application of rules in the Town
ordinances as follows:
1. Aoolication of Subdivision Rules: The District has reviewed the Town of Trophy Club Code
of Ordinances, and specifically Chapter 12 thereof, entitled "Subdivision Rules and
Regulations." We do not read Chapter 12 as having any application to the District. The Town
has not demonstrated how the subdivision rules apply to the District's wastewater treatment
plant project. In your letter dated August 31, 2015 , you suggest that the subdivision rules apply
to the District because the proposed wastewater treatment plant upgrade ... "doubles the size of
the facility." However, the project does not "double the size of the facility" but in fact was
designed specifically to stay within the existing footprint of the existing plant. The majority of
the project is process upgrades and are not new development. Moreover, no property is being
divided or combined. Finally, the plant has been located at the site and operational prior to June
8, 1987 and as stated in Chapter 12, Section 1.07(c) of the ordinance, the plant site is exempt
from the rules. Accordingly, the District contests the determination of the Town Council that
Chapter 12 applies to the District's wastewater treatment facility upgrade.
2. Road Construction and Perimeter Fees: The Town Council rejected Planning and Zoning 's
recommendations for preliminary plat approval and instead approved the preliminary plat with
conditions expressly prohibited by Town's own ordinance. Specifically, council has required
the construction of a "half-road" by the District, which is prohibited by Chapter 12, and has
further disallowed the District's offered payment of perimeter fees to be held in escrow by the
Town as required by Chapter 12. Although the District di sagrees the ordinance is applicable at
all, the District has sought in good faith variances from strict compliance with the Town's right
of way dedication requirements. Section 5 .04 (A) (1) of Chapter 12 states, "Whenever a tract to
be subdivided borders on or embraces any part of any street or parkway so designated on the
Town Comprehensive Land Use Plan or Thoroughfare Plan, such part of such proposed public
way shall be platted by th e subivider in the same location and at the same width as indicated on
the Town Comprehensive Land Use Plan or Thoroughfare Plan." The road required by the
Town is not shown in the Comprehensive Land Use Plan or on any other document provided or
Trophy Club Municipal Utility District No. 1
100 Municipal Drive, Trophy Club, Texas 76262
(682) 831 -4600
Exhibit B
Town Council Page 8 of 13 Meeting Date: September 28, 2015
available to the District during project design or plat submittal. Additionally, Section 5.04 (A)
(23) (b) of Chapter 12 states, "Where the proposed subdivision is located adjacent to a
substandard road or street within the Town and it is deemed not feasible to improve said road or
street at the time of development of the subdivision, the subdivider or developer shall pay the
Town a fee equal to one-half (1/2) the cost of improvements required to meet Town standards
(including, but not limited to, excavation, subgrade preparation, paving, drainage facilities,
utility adjustments and engineering) and dedicate the necessary right-of-way for said road or
street as a condition precedent to the acceptance of the subdivision improvements by the Town
for maintenance purposes. No building permits shall be issued until all fees have been paid. The
estimate of the cost of said improvement shall be determined by the Town Engineer and made
available to the subdivider. The fees shall be placed by the Town into a street improvement
escrow fund, and shall be specifically reserved and used for the improvement of said road or
street." Again, while the District has offered to pay these fees in an effort to comply with
Section 5.04 (A) (23) (b), the Town has rejected this offer. Accordingly, the District seeks a
hearing before the Town Council to ascertain how it may proceed with the wastewater treatment
facility upgrade in compliance with the Town's ordinance under these circumstances.
The District believes that the P&Z recommendation is a fair compromise. Their recommendation
resulted in a dedication of approximately 75% of the right of way requested, minimized the impact
to the plant design, and spared the existing maintenance garage from destruction. The District
wishes to proceed on this basis and would like to confirm that the Town Council is in concurrence.
3. Requirement for Developer's Agreement: Town staff has stated a developer's agreement is
required. However, Section 7.01 (A) of Chapter 12 states an agreement is only required when
public facilities are constructed. The council's action at the August 11, 2015 deferred
construction of any public facilities and an agreement should not be required. Accordingly, the
District seeks clarification from the Town Council at the hearing as to whether a developer's
agreement will be required of the District notwithstanding council 's August 11 , 2015
determination deferring such requirement.
The District looks forward to the opportunity to address these issues with the Town Council and
requests we are provided at least five business days' notice of the hearing so that an agenda can be
posted . If for any reason this letter is unclear or is not considered by the Town Council as sufficient
to identify the matters about which the District seeks a hearing in compliance with Section 6.01 of the
Town's Code of Ordinances, please advise so that we may promptly provide the Town with such
additional information as is required.
CC: Pam Liston
Board of Directors
Exhibit B
Town Council Page 9 of 13 Meeting Date: September 28, 2015
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Date: September 28, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0638-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/23/2015 Town Council
On agenda:Final action:9/28/2015
Title:Conduct a hearing as requested by the Trophy Club Municipal Utility District No. 1 to consider its
request for waivers to various provisions of the Town’s Subdivision Regulations applicable to the
development of the Wastewater Treatment Plant (request dated September 4, 2015); Council to
consider and take appropriate action regarding same; discussion and direction regarding Site Plan
requirements for the development of the Wastewater Treatment Plant.
Attachments:
Action ByDate Action ResultVer.
Conduct a hearing as requested by the Trophy Club Municipal Utility District No. 1 to consider its request for waivers to
various provisions of the Town’s Subdivision Regulations applicable to the development of the Wastewater Treatment
Plant (request dated September 4, 2015); Council to consider and take appropriate action regarding same; discussion
and direction regarding Site Plan requirements for the development of the Wastewater Treatment Plant.
Town Council Page 12 of 13 Meeting Date: September 28, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0639-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:9/23/2015 Town Council
On agenda:Final action:9/28/2015
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the
following:
Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or
contemplated litigation and Section 551.071(2) Consultation with Attorney, in order to consult with its
attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding the Trophy Club Municipal Utility District No. 1 request for hearing
under Town Subdivision Regulations, Town Development Regulations, and Site Plan Requirements
(B) Actions of Trophy Club Municipal Utility District No. 1 regarding service requests for Meat U
Anywhere and Old Town Development (OTD)
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open
Meetings Act), the Council will convene into closed executive session to discuss the following:
Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or contemplated litigation
and Section 551.071(2) Consultation with Attorney, in order to consult with its attorney on a matter in which the duty
of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding the Trophy Club Municipal Utility District No. 1 request for hearing under Town
Subdivision Regulations, Town Development Regulations, and Site Plan Requirements
(B) Actions of Trophy Club Municipal Utility District No. 1 regarding service requests for Meat U Anywhere and Old
Town Development (OTD)
Town Council Page 13 of 13 Meeting Date: September 28, 2015