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Minutes P&Z 06/18/1996 - Public HearingMINUTES OF JOINT PUBLIC; HEARING/TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS JUNE 18, 1996 THE STATE OF TEXAS COUNTY OF DE TON The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing/Town Council Meeting on Tuesday June 18, 1996. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Doug Glaspell Mayor Pro Tem Edwin Decker Council Member Marshall Engelbeck Council Member Susan H. McCabe Council Member Edwin "Cotton" Moore Council Member John Hill Dan Boutwell Donna Welsh Mike Hamper Pauline Shaw David Miller Bill LeGrand Barbara Allen Karen Sadri H.D. "Hap" Daggett James Brisco4 Roby Clark -Town Attorney Town Planner Town Manager Planning & Zoning Chairman Planning & Zoning Administrator Police Chief Public Works Director Court Administrator Town Secretary President, Synergy Properties, Inc. Partner in Briscoe Clark Partner in Briscoe Clark (Developers) CALL TO ORDER AND ANNOUNCING A QUORUM PRESENT Mayor Carter called the meeting to order at 7:02 p.m. noting a quorum was present. He then welcomed Council Members, guests, and staff. 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 Council Member Decker. Page 2, joint Public Hearing/Town Council Meeting 06/18/96 TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A PUBLIC HEARING OF THE TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING A SITE PLAN FOR LOT 5, THE VILLAGE AT TROPHY CLUB, FOR OFFICE/ COMMERCIAL USES; AND A CHANGE IN ZONING FOR A TRACT OF LAND GENERALLY LOCATED BETWEEN TRINITY LEARNING CENTER AND THE FIRST FAMILY BAPTIST CHURCH; BEHIND LAKEVIEW ELEMENTARY SCHOOL; ALONG TROPHY CLUB DRIVE ACROSS FROM THE BARN, AND CONTAINING APPROXIMATELY 145 ACRES, FROM PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES TO PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES; PROVIDING AN EFFECTIVE DATE. Council Member Engelbeck made a motion to approve calling the public hearing. Council Member McCabe seconded; motion passed unanimously. FIVMAN��a -0 TOWN COUNCIL TO CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING: A. A SITE PLAN FOR LOT 5, "THE VILLAGE AT TROPHY CLUB", FOR CERTAIN OFFICE/COMMERCIAL USES. B. THE REZONING OF CERTAIN LAND GENERALLY LOCATED BETWEEN TRINITY LEARNING CENTER AND THE FIRST FAMILY BAPTIST CHURCH; BEHIND LAKEVIEW ELEMENTARY SCHOOL; ALONG TROPHY CLUB DRIVE ACROSS FROM THE BARN, AND CONTAINING APPROXIMATELY 145 ACRES, FROM PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES TO PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES; PURSUANT TO THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09. Chairman Hamper informed the Council that the site plan for Lot 5 of "The Village at Trophy Club" had been approved by the Planning and Zoning Commission at their public hearing. He and the Commission now recommend that the Council also approve it. Town Planner Boutwell stated that the applicant complied to his fourteen issues, and the revised site plan now conforms to the Planned Development requirements. The 18,400 square foot single story office building will be of Austin stone just like the bank. Discussion ensued regarding the directional lighting (away from the homes), dumpster placement and materials of screens and gates for them, signage, curb cuts, left turn lanes, and adequate parking spaces. Planning and Zoning Commissioner Schaaf who voted for the site plan recommended that the Council not pass it and return it to the P. & Z. for further research to ensure the consistency of the entire project. The following residents voiced opposition to the front area Page 3, Joint Public Hearing/Town Council Meeting 06/18/96 piacement of the dumpsters and parking spaces as being an eyesore at the entrance of the community: Barbara Marks I Brookfield Court Betty Dayton 103 Fairway Village Drive Ed Rafalco 203 Inverness Drive Susan H. McCabe speaking both as a Council Member and resident of 1136 Sunset Drive said "If the way the screening and matching stone are done properly, it will make the building owner maintain the property as it should be maintained, and the dumpters won't be noticed except for normal trash pick-up". Riley Mills of 113 Seminole Drive approved of the site plan but requested greater detail on it. As no other residents wished to speak, Chairman Hamper continued to the rezoning issue before the Council. He stated that this was also approved at the same Planning and Zoning Commission public hearing and that they recommend that the Council approve it. Town Planner Boutwell informed the Council that this is Rctually a rezoning and an entirely new planned development in which the body of the document includes all types of residential use, variety of density, and all ornamental iron fence like what's currently on golf course property. At this time developer Jim Briscoe of Briscoe Clark at 8300 Douglas in Dallas gave a slide presentation of other area gated communities with green belts, lakes, fountains, hiking trails, and high activity parks maintained by Private Home Owners Associations. During the presentation he emphasized that all these amenities will be done during Phase I which he considered a tremendous asset to all of Trophy Club. Commissioner Hamper reminded the Council that the standards for this planned development project tremendously exceed what was expected and definitely remove any negative stigma from the West side. The following residents had questions or comments regarding this project: Marry Dayton of 103 Fairway Village Drive asked about the depth of the lakes and, if the Planning and Zoning Commission have any lake standards. He wants more citizen involvement with rezoning to ensure legal requirements are met. He also questioned why variances are being approved that deviate from the original requirements. Deberah Holsworth of 1110 Trophy Club Drive asked, if the developer included dedicated school sites as well as park lands. Page 4, Joint Public Hearing/Town Council Meeting 06/18/96 David Schaaf of 11 Hillcrest Court South who also represented himself as the only Planning and Zoning Commissioner who voted against this Planned Development asked that the following be on record: 1. No request was made for separate Home Owners Association by-laws to compare to the present Community Improvement Association's. Z. No requirement was made for the deeds, covenants, and restrictions for each of th4 Villages within the Planned Development. 3. The Meadow Lakes Village has all garages facing the street and for the entire development one out of three face front. 4. The ornamental iron fencing needs to be around all the house not just the side or rear yards. 5. Are common areas legal? 6. A two tree yard minimum is sub -standard. 7. The amenities need to be in writing and with details. 8. No thoroughfares to the Town park if the time tables for development stops. 9. The signage has not been identified nor given samples of what it will look like. 40. No details on the trails locations, dimensions, and maintenance. 11. Need to identify the locations of the sprays in the lakes. 12. Lots were reduced from 12,000 to 10,000 square feet and an overall lot reduction of 40 per cent. 13. Lot sizing is dictating the price of the homes. i44. No additional Planning and Zoning meetings wer' scheduled to address these issues. I Riley Mills of 113 Seminole Drive asked the Council to return this Planned Development rezoning to the Planning and Zoning Commission for further research. Curtis Watson of 18 Alamosa Drive asked who was held responsible if the lakes become stagnant, what the developer is doing about schools, and when the taxes inM.U.D. 2 will be reduced because of this development. Page 5, joint Public Hearing/Town Council Meeting 0-6/18/96 Jan Clinkenbeard of 119 Fairway Village Drive stated that something is very wrong when the developers tell residents that they can not speak at a Public Hearing because of where they live in Trophy Club. She also said that the Trophy Club Women's Club was asked to not post notice of this meeting on the front bulletin board. The public also expressed concerns about : 1. the density factor of this proposed 351 lots instead of the original 335. 2. park dedication land for future residents if this a private park. this P.D. changing the original ordinance. 4. the H.O.A. being a tremendous financial burden for maintaining the lakes, parks, and trails. 5. the current residents not having rights to this private park. 6. approving any more front facing garages. "It has to stop now." John Harbin of Beck Properties pointed out that a gated community refutes the entire concept of integrating future development and adjacent land use. Kay Pratt of 13 Troon Court asked the Council to listen to the Town's citizens because they have good points to make. Kerry Bates of 113 Inverness Drive stated her opposition to separate H.O.A.s and high density housing in Trophy Club. Linda Mills of 113 Seminole Drive noted the future increase of traffic on all Town streets. Doyle Krauss of 549 Indian Creek Drive felt that this P.D. is the basis for creating separate socio-economic communities within the Town. He asked the Council to follow the Master Plan and enforce the current ordinances with the new developers. He also asked that a North entrance be considered for development. Bob Sylvia of 1120 Trophy Club Drive warned the Council that this P.D.7s amenities will be paid for in the future by all residents through their taxes. This method deviates from the historical conservative approach of financing Trophy Club. Ed Rafalco of 203 Inverness Drive questioned the Council about changing from the Master Plan and allowing prior variances to the ordinances. Jan Clinkenbeard of 119 Fairway Village Drive emphasized that this is only one of many developers who is being allowed to Page 6, Joint Public Hearing/Town Council Meeting 06/18/96 increase housing density. TOWN COUNCIL TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE To A DATE CERTAIN. As no other residents wished to speak, Mayor Pro Tem Glaspell made a motion to close the Public Hearing. Council Member Engelbeck seconded; motion passed unanimously. END OF PUBLIC HEARING TOWN COUNCIL MEETING TOWN COUNCIL TO CONSIDER TO CONSIDER THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION/THE TOWN PLANNER AND TAKE APPROPRIATE ACTION ON: A. A SITE PLAN FOR LOT 5, THE VILLAGE AT TROPHY CLUB, FOR OFFICE/COMMERCIAL USES. Q. THE REZONING OF CERTAIN LAND GENERALLY LOCATED BETWEEN TRINITY LEARNING CENTER AND THE FIRST FAMILY BAPTIST CHURCH; BEHIND LAKEVIEW ELEMENTARY SCHOOL; ALONG TROPHY CLUB DRIVE ACROSS FROM THE BARN, AND CONTAINING APPROXIMATELY 145 ACRES, FROM PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES TO PD PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL PURPOSES; PURSUANT TO THE TOWNS COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09. After a six minute break the Town Council convened into a regular meeting at 9:27 p.m. Mayor Carter announced that item B would be discussed before item A. Hap Baggett of Synergy Properties, Inc. informed the Council that the lake standards and its cleaning were engineering not P® & Z. issues and that these lakes would be 12 to 15 deep and not the 8 feet originally planned. He then had Rick Horn of the engineering firm of Carter and Burgess explain that the wetlands create a constant water flow through to Marshall Creek and natural rain water would be used for maintaining the shoreline levels. Mr. Horn also stated that dredging of the wetlands is not planned at this time and that the original filling of the man-made lakes will be from the storm water system. Planning and Zoning -Chairman Hamper said that the Town Engineers are currently reviewing the lake plans for both the preliminary and final plats. Town Attorney Hill reminded the Council that a governmental entity has no control over residents who desire a Home Owners Association and also has no protection from an H.O.A. that dissolves. Mr. James Briscoe of Briscoe Clark reminded the Council that Page 7, Joint Public Hearing/Town Council Meeting 06/18/96 the Town did not want the responsibility of maintaining the lakes hence; an H.O.A. was created. His company is in the process of having an H.O.A. for the entire development with sub-H.O.A.s for the gated communities. To ensure the Town's control over standards, he suggested that the Council put teeth in its ordinance that addresses H.O.A. issues. He also said that even though the 36.6 acre park will be on private land, it will be open to the public. He stated that he is trying to create something that everyone will enjoy which exceeds current ordinance requirements and that offers different life style products and still absolves the Town of liability. John Harbin of Beck Properties reported that the Northwest Independent School District is deciding its needs about the two Beck Properties designated school areas in the northern sections of Trophy Club. Town Planner Boutwell interjected that the level of detail being discussed exceeds any other Planned Development's at this stage of progress. He added that these types of questions and comments can be addressed when the preliminary and final plats are submitted. At this time Council Member Engelbeck who felt that there were too many unanswered questions made a motion to table this recommendation to a date certain. Council Member Decker seconded. During the discussion period Council Member McCabe noted that these questions and concerns have been addressed by the Planning and Zoning Commission. She reminded her fellow Members that the appropriate action at this time is to review the current limited concept and work with more details in the future. Mayor Carter then called for a vote on the tabling motion, Council Members Decker and Engelbeck were in favor with Mayor Pro Tem Glaspell and Council Members McCabe and Moore in opposition. Motion failed to pass. Mayor Pro Tem Glaspell and Council Members Engelbeck and Decker wished to proceed with the questioning. Lengthy discussion then ensued regarding density, reducing the number of smaller lot sizes, and increasing the number of side entrance garages. At this time Mayor Carter reminded the Council that it took their vote to continue the meeting past eleven o'clock. Mayor Pro Tem Glaspell then made the motion to continue the meeting. Council Member McCabe seconded; motion passed unanimously. After some deliberation Mr. James Briscoe offered to eliminate all the '6400 square foot -lots and front entrance garages. This would make the smallest lots a minimum of 9000 square feet with side entrance garages. Mayor Pro Tem Glaspell made a motion to accept the Planning Page 8, joint Public Hearing/Town Council Meeting 06/18/96 and Zoning's recommendation of this rezoning with the following corrections - 1. change 8,400 square foot minimum lot sizes to 9,000 square feet minimum lot sizes 2. front entry garages to meet Zoning Ordinance 94-09 3. extend the road for the park on Phase I's boundry map 4. submit deed restrictions at platting 5. no solid fences in rear yards in Meadow Lakes 6. developmental schedule/two years to submit final plat 7. details of lakes and sprays 8. the Town attorney's final approval of this ordinance Council Member Moore seconded; motion passed with Mayor Pro Tem Cil aspell and Council Members McCabe and Moore in favor and Council Members Decker and Engelbeck opposing. Mayor Carter then asked for consideration of agenda item A. Discussion ensued regarding the dumpster's location with Developer Baggett offering to place it near the entrance which hid it from street view. Mayor Pro Tem Glaspell then made a motion to accept the Planning and Zoning Commission's recommendation and approve the site plan for lot 5 of "The Village at Trophy Club". Council Member Decker seconded; motion passed unanimously. CONSENT AGENDA: As no one asked to remove any items, Council Member Decker made a motion to accept the Consent Agenda as it stands. Council Member Engelbeck seconded; motion passed unanimously. The approved item is as follows: A. Financial reports ending 05/31/96. TOWN COUNCIL TO CONSIDER GRANTING THE PARKS AND RECREATION RE -QUEST OF A $5,000.00 TRANSFER FROM CONTINGENCY (LINE ITEM 10-51 22 ) TO LANDSCAPE MAINTENANCE (LINE ITEM 40-6030) TO IMPROVE HARMONY PARK SUCCCER FIELDS. Council Member Decker made a motion to grant the $5,000.00 request. Mayor Pro Tem Glaspell seconded; motion passed unanimously. Page 9, Joint Public Hearing/Town Council Meeting 06/18/96 TOWN COUNCIL TO CONSIDER NOMINATING A CANDIDATE TO REPRESENT THE MUNICIPALITIES ON THE DENCO 911 BOARD OF MANAGERS. Mayor Pro Tem Glaspell made a motion to accept the staff recommendation of former Trophy Club Police Chief, Don Franklin, and to nominate him for re-election to the Genco 911 Board. Council Member McCabe seconded; motion passed unanimously. *PRESENTATIONS BY CITIZENS. Curtis Watson of 18 Alamosa Drive appealed to the Council to carefully consider the front entrance commercial development. Trophy Club presently has a very low crime rate, but when its visibility is increased so is its crime. He felt that a commercial image should not be portrayed. Town Secretary Sadri announced that the collection of the newly elected one-half cent sales and use tax would begin October 1, 1996. Town Manager Welsh reported that the first budget workshop between the staff and Finance Committee would be tomorrow night, the 19th. PRESENTATIONS BY COUNCIL. Council Member Decker asked the Council to authorize him to approach the Westlake Council about increasing law enforcement regarding the speeding of the heavy aggregate trucks on S.H. J14. Mayor Pro Tem Glaspell reported about the tremendous support and professional presentation given by the local Chambers of Commerce to the Texas Transportation Commission in Austin. The Commission was impressed with the number of governmental entities represented and how Highway 114 effected nearly one- half million people. CLOSED SESSION: TOWN COUNCIL To CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNOWS TEXAS CODE, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL. A. TOWN COUNCIL TO CONSIDER THE APPOINTMENT OF PRESIDING JUDGE FOR MUNICIPAL COURT. B. TOWN COUNCIL TO CONSIDER THE ESTABLISHMENT OF AN OVERVIEW COMMITTEE. C. TOWN COUNCIL TO DISCUSS C-OMMITTEE/COMMISSION MEMBERS. Town Council adjourned into closed -door session at 11-.50 p.m. for the following- Page 10, Joint Public Hearing/Town Council Meeting 06/18/96 A. The appointment of current associate Judge Brad Bradley as presiding Judge for Municipal Court. Discussion ensued regarding volunteers versus Judge Bradley. B. Discussion of an overview committee from an academic stand point versus any current long range planning. C. Discussion of Committee/Commission members working for Town developers. OPEN SESSION: TOWN COUNCIL TO CONVENE INTO OPEN SESSION TO TAKE NECESSARY ACTION REGARDING THE MATTERS DISCUSSED IN EXECUTIVE SESSION PURSUANT TO AGENDA ITEM 14. Town Council reconvened into open session at 12:54 a.m. Council Member Decker made a motion to appoint Brad Bradley as the presiding Judge for the Town's Municipal Court. Council Member McCabe seconded; motion passed with Council Members Decker, Glaspell, McCabe, and Moore in favor and Council Member Engelbeck opposing. No action was taken regarding an Overview Committee, but it was agreed more information is needed. No action was taken regarding item C. ADJOURN. Council Member Glaspell made a motion to adjourn at 12:56 a.m. Council Member Decker seconded; motion passed unanimously. The next regularly scheduled meeting is July 16, 1996. TOWN SECRETARY PLANN�IN`GAN`DON`6NG CHAIRMAN PLANNING AND ZONING SECRETARY