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HomeMy WebLinkAbout04-09-90 PZ MinPUBLIC HEARING TOWN OF WESTLAKE, TEXAS A joint Public Hearing of the Planning & Zoning Commission of the Town of Westlake and Board of Aldermen of the Town of Westlake was held at 7:00 p.m., April 9th, 1990 at the Dudley Ranch in the Town of Westlake, Texas. The following were present: Scott Bradley, Chairman, Planning & Zoning Ms. B. J. Minyard, Planning & Zoning Randy Loftis, Planning & Zoning Dalc White, Mayor Howard Dudley, Mayor Pro Tem Sherry Dudley, Alderman Alvin Oien, Alderman Jerry Moore, Alderman Carroll Huntress, Alderman Gerry White, Secretary Paul C. Isham, Town Attorney Sanford (Bud) Hauptmann, Town Engineer Commissioner Scott Bradley called the meeting to order at 7:20 p.m. The purpose of the Public Hearing was to consider rezoning property within the town limits from "L" -Residential, Low Density; "H" - Residential, High Density; "LR" -Local Retail; and "I" -Industrial to "P" -Planned Office Park. The Town's engineer, Mr. Bud Hauptmann displayed a map of the Town showing the Town boundaries with the present zoning and areas to be considered for rezoning. Commissioner Bradley called on those attending the Public Hearing who wished to speak for or against the proposed rezoning. After several people spoke, Mr. Bradley read a letter from Mr. Rusty Trenary. (copy of the letter is attached and made a part of these minutes.) Mr. Bradley closed the Public Hearing at 7:55 p.m. Approved: Scott B alley, Chaian, Planning and zoning Commissi n Attest: Ge y W4fte, Secretary 1 1 _ 2 3 4 7 8 9 10 11 12 13 1 15 16 17 1 19 20 21 22 23 2 25 PUBLIC MEETING OF THE BOARD OF ALDERMEN AND PLANNING AND ZONING MEMBERS BE IT REMEMBERED that on the 9th f A �4`11190, at 7:10 p.m., at the Dudley Ranch, 1650 W. Dove Road, Town of Westlake, Texas, County of Tarrant, Charla A. Wheatley, a Certified Shorthand Reporter in and for the State of Texas, reported the following proceedings. COPY TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361®8800 r 1 2 3 4 5 6 8 9 10 11 12 13 1 15 16 17 1 1 20 21 22 23 2 2 BEFOREOF THE BOARD • , ALDERMEN PLANNING AND ZONING MEMBEVS: SCOTT BRADLEY, Chairman, Planning & Zoning Commission PAUL ISHAM, Attorney, Town of Westlake HOWARD DUDLEY, Alderman JERRY M®DRE, Alderman SHERRY DUDLEY, Alderman RRY WHITE, Town Secretary DALE WHITE, Mayor RANDY LOFTUS, Planning & Zoning Member E.J. MINYARD, Planning & Zoning Member BUD HAUPTMANN, Town Engineer ALVIN ALIEN, Alderman TTA COTIRT ARPG RS , INC. DALLAS, TEXAS ( 21 ) 361-8800 Q 11 13 14 15 16 17 is 19 20 2 3 4 5 6 7 8 9 10 11 12 11 13 14 15 16 17 is 19 MR. BRADLEY: I think it's about time to get started. And let me just remind you that we have some little cards up here for you to fi;l out if you would like to speak tonight for or against or just make any comments. If you would, Mrs. White' has plenty of the forms. We will need for you to fill those out if you want to be heard. My name is Scott Bradley, and I am the chairman of the planning and zoning commission of the Town of Westlake. This is a joint meeting of the Planning and Zoning Commission and the Board of Aldermen of the town for the purpose of conducting a public hearing to receive any comments or any thoughts that you may have with respect to the proposed rezoning, a copy of which was sent to each of the landowners within the town. If any of you need further information about that, I'm sure ®® would you have one that could be passed around? MRS. WHITE: No, I didn'll MR. BRADLEY: All right. I think we do have a map here that the town engineer will be showing us that will explain exactly what's TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 20 21 22 23 24 25 MR. BRADLEY: I think it's about time to get started. And let me just remind you that we have some little cards up here for you to fi;l out if you would like to speak tonight for or against or just make any comments. If you would, Mrs. White' has plenty of the forms. We will need for you to fill those out if you want to be heard. My name is Scott Bradley, and I am the chairman of the planning and zoning commission of the Town of Westlake. This is a joint meeting of the Planning and Zoning Commission and the Board of Aldermen of the town for the purpose of conducting a public hearing to receive any comments or any thoughts that you may have with respect to the proposed rezoning, a copy of which was sent to each of the landowners within the town. If any of you need further information about that, I'm sure ®® would you have one that could be passed around? MRS. WHITE: No, I didn'll MR. BRADLEY: All right. I think we do have a map here that the town engineer will be showing us that will explain exactly what's TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I 10 11 12 13 FSI 1 2 3 4 5 6 7 8 9 I 10 11 12 13 FSI being proposed. To let you know the procedure, we will be -- I will be calling out the names from these cards that have been filled out. We will take comments from each person who signed up. We want to' make this a full and complete hearing. I would ask that you, in terms of accommodating all the other people who I'm sure will stay and hear your comments, if you could make them as direct as possible, I think it would help move things along, and I expect that you will address it in that spirit. I would like, first of all, to sort of let you know who's here so you can sort of get an idea when people talk as to who they are representing. On the end here in the green shirt is Al Olien who is a member of the Board of Aldermen and has been since before I got here thirteen years ago. Sitting on the table over here is Bud Hauptmann who is the town's engineer. His company is Metroplex Engineering. They office in Denton, Texas. Mrs. B.J. Minyard in the red sweater. She's • resident of Shelby Estates here in Westlake. She is a member of the planning and zoning commission. On my right is Randall Loftus who an architect. He is also a resident of the Shelby Estates and also a member of the planning and zoning TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 19 20 21 22 23 24 25 being proposed. To let you know the procedure, we will be -- I will be calling out the names from these cards that have been filled out. We will take comments from each person who signed up. We want to' make this a full and complete hearing. I would ask that you, in terms of accommodating all the other people who I'm sure will stay and hear your comments, if you could make them as direct as possible, I think it would help move things along, and I expect that you will address it in that spirit. I would like, first of all, to sort of let you know who's here so you can sort of get an idea when people talk as to who they are representing. On the end here in the green shirt is Al Olien who is a member of the Board of Aldermen and has been since before I got here thirteen years ago. Sitting on the table over here is Bud Hauptmann who is the town's engineer. His company is Metroplex Engineering. They office in Denton, Texas. Mrs. B.J. Minyard in the red sweater. She's • resident of Shelby Estates here in Westlake. She is a member of the planning and zoning commission. On my right is Randall Loftus who an architect. He is also a resident of the Shelby Estates and also a member of the planning and zoning TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I 04 W 3 4 5 6 7 8 9 its] I 13 14 15 16 17 is 19 20 21 22 23 24 25 On my left is Mayor White, Mayor Dale White, who is now retired. He was a I pilot for many years for Delta and has been mayor for how many years? He's in training but one of these days he's going to MAYOR WHITE: The short-term' memory goes, you know. I think about ten. MR. BRADLEY: Okay. And on his left is Gerry White who is the town J_03302� On her left is Sherry Dudley, a long-time resident. It's her home that you're in this evening. SO we owe her thanks for her hospitality. And if you don't mind, we'll get informal here for just a minute and give her a hand if you don't mind. (Applause from audience.) MRS. DUDLEY: Sorry about the seating arrangements here, MAYOR WHITE: I was going to say to everyone, Please have a seat. R. BRADLEY: Sherry also is a member of the Board of Aldermen. On her left is Carroll Huntress who for many year was with the Nelson Bunker Hunt folks. He some of you may have read about him. He is the one TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I Pq P1 I r� 2 5 6 7 I M 14 15 16 17 is of the founders of the International Football League. And I think y'all start to play next year, right, Carroll? MR. HUNTRESS: That's right.' MR. BRADLEY: Okay. And he lives over on sort of the west end of Westlake. Sort of hiding down behind him is Jerry Moore another member of the Board of Aldermen. Jerry's a ' long-time resident. He lives down on Dove Road where it turns and becomes Ottinger Road. Howard Dudley is sort of hiding down back there too. This is also his home. Howard's been a long-time member of the Board of Aldermen. At the far end of the table is Paul Isham. Some of you have dealt with him in other respects. When I first met Paul, he was the city attorney for the City of Denton. Then he was the city attorney for Fort Worth. Then he was the city attorney for the City of Austin. Then he was the general counsel of Texas American Bancshares. And one thing that remained constant through all that time was he was also the Westlake attorney. So I guess he thought this was the better job, right? MR. ISH AM: Best retirement. MR. BRADLEY: Okay. With that TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 19 20 21 22 23 24 25 of the founders of the International Football League. And I think y'all start to play next year, right, Carroll? MR. HUNTRESS: That's right.' MR. BRADLEY: Okay. And he lives over on sort of the west end of Westlake. Sort of hiding down behind him is Jerry Moore another member of the Board of Aldermen. Jerry's a ' long-time resident. He lives down on Dove Road where it turns and becomes Ottinger Road. Howard Dudley is sort of hiding down back there too. This is also his home. Howard's been a long-time member of the Board of Aldermen. At the far end of the table is Paul Isham. Some of you have dealt with him in other respects. When I first met Paul, he was the city attorney for the City of Denton. Then he was the city attorney for Fort Worth. Then he was the city attorney for the City of Austin. Then he was the general counsel of Texas American Bancshares. And one thing that remained constant through all that time was he was also the Westlake attorney. So I guess he thought this was the better job, right? MR. ISH AM: Best retirement. MR. BRADLEY: Okay. With that TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then I'll ask, is there anybody else who would like to sign up before we get started? Okay. If not, Bud, if you don't mind, would you take a minute just to explain the proposal for the rezoning? MR. HAUPTMANN: Let me go back here so perhaps everyone can see it. I know from a far distance you can't see it too well. But actually it outlines the total boundary of the Town of Westlake. And it shows the existing zoning that's in place right now. MR. BRADLEY: Bud, let me interrupt for a second. When you say the boundary, the dark lines that go around -- MR. HAUPTMANN: Yes. MR. BRADLEY: -- is that what you're saying, the heavy dark lines? MR. HAUPTMANN: Uh-huh, that offlfllp� LR. BRADLEY: Is that HighwaN MR. HAUPTMANN: This is MR. BRADLEY: All right. MR. HAUPTMANN: And this il TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 la I 1 2 3 4 5 6 7 8 9 10 11 I Ottinger Road. And this is Precinct Line Road. And where is Pearson Lane, Pearson Lane is right here. N I o, I think Roanoke Road, I'm sorry. This is Roanoke Road and this is Pearson Road MR. BRADLEY: Yeah. MR. HAUPTMANN: -- to help you get oriented. And the shaded areas represent the existing zoning that is not a part of the petition for change. Everything else, it shows the existing zoning everywhere else. And everything else is a part of the area that's proposed to be rezoned. MR. BRADLEY: So that we can get oriented, the part that's in the lime -- the light lime green and the pink is where IBM is located now? MR. HAUPTMANN: No. This light green -- if everybody can distinguish the 'green from this yellow. MR. BRADLEY: Okay. Yellow is what I was calling lime green. MR. HAUPTMANN: Right. The yellow area is where IBM is located at -the present time. They have two zoning classifications. This one is planned office park/hotel. And the rest is planned Office park, straight planned office park. In this area is a much larger area and the TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 19 20 21 22 23 24 25 Ottinger Road. And this is Precinct Line Road. And where is Pearson Lane, Pearson Lane is right here. N I o, I think Roanoke Road, I'm sorry. This is Roanoke Road and this is Pearson Road MR. BRADLEY: Yeah. MR. HAUPTMANN: -- to help you get oriented. And the shaded areas represent the existing zoning that is not a part of the petition for change. Everything else, it shows the existing zoning everywhere else. And everything else is a part of the area that's proposed to be rezoned. MR. BRADLEY: So that we can get oriented, the part that's in the lime -- the light lime green and the pink is where IBM is located now? MR. HAUPTMANN: No. This light green -- if everybody can distinguish the 'green from this yellow. MR. BRADLEY: Okay. Yellow is what I was calling lime green. MR. HAUPTMANN: Right. The yellow area is where IBM is located at -the present time. They have two zoning classifications. This one is planned office park/hotel. And the rest is planned Office park, straight planned office park. In this area is a much larger area and the TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I I 1 2 3 4 5 6 7® 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 part of the town that is low density, residential® And it's intended to remain that way. This is Dove Road. This is where Dove Road makes the jog, that first jog off of Precinct® And then of course this is Pearson Lane over on this side. MR. BRADLEY: Okay. I'd like to get started with the comments® I'd like to start' with a man that I know is never without a comment, Ron Jordan. MR. JORDAN: Pass at this time. MR. BRADLEY: Okay. Well, you live long enough, you see it all, don't you? MR. JORDAN: I'll catch you at home tonight® MR. BRADLEY: Okay. Sam, did you want to say anything? SAM: Not at this time. MR. BRADLEY: Okay. Do you want me to come back to you later? SAM: Maybe. MR® BRADLEY: The next one on my list is Rusty Trenary® MR. TRENARY: Right here, TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 9 I E I 3 4 5 6 7 W I 001 I I M 19 20 21 22 Scott. I represent three of the four trusts that own the Lida Hunt Bunker Trust property which is to the west of Circle T and east of existing 377. MR. BRADLEY: Rusty, just so', that everybody can understand that, maybe Bud could sort of outline the property that you're speaking of.. PARTICIPANT: That's it right there. Thank you. I MR. Trenary: We have put together a letter regarding the proposed rezoning, and it is signed by two of the three trustees of those three trusts. And we are opposed to the zoning. And we strongly urge that you reconsider this Position as relates to our property as well as other properties in the area. We are in the process of looking at a land use plan for the trust property. It's not yet ready but we hope to'have a chance to share that with you once we got it completed. MR. BRADLEY: Let me say that, Rusty, that anytime you've got a plan that You want to present to the planning and zoning and to start a process, just give me a call and we'll set up a MR. TR NARY® Okay. Thank YOU. But the letter goes into considerable detail TTA COURT REPORTERS, INC. DALLAS, TEXAS '(214) 361-8800 I am I I 191 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 about our position and why we feel this way. And we have given you a copy of it, and we'd like to make I sure that that becomes a part of the record tonight.' MR. BRADLEY: Okay. I have it and it will be so noted that this will become a part' of the Public record. MR. TRENARY: Thank you. MR. BRADLEY: The next person on my list is Bob Minyard who is a resident of Shelby Estates. MR. MINYARD: Pass at thin time. MR. BRADLEY: Okay. Next one I have is Barbara Griggs who's also a resident of the town. Where are you, Barbara? MRS. GRIGGS: I pass. Right Rm"- MR. BRADLEY: And Cecil i2 CECIL: Same. MR. BRADLEY: Okay. Now, I don't think I'll be contradicted on this one since he gets paid to talk, William Cothrum. MR. COTHRUM: I'm going to yield to ®® for our presentation there's several TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 01 I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 others, I'm going to yield to T"', MR. BRADLEY: Okay. Troy, do you want to come up? MR. PHILLIPS: If I might, please. M. BRADLEY: And, Troy, if you would take just a moment to explain, you are an MR. PHILLIPS: Yes, I am. MR. BRADLEY: With a very fine law firm, I might add. If you would, just explain who you're representing. MR. BRADLEY: Well, do you want to identify Carter now? w. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I j7v 2 3 4 5 P1 9 10 Fits 12 13 14 15 MR. PHILLIPS: Yes. With his hand up back in the back. So ®® and my law firm was retained to represent the trust and Mr. Pate as the trustee. And we are here tonight to voice some concerns that we have about the proposed zoning plan, talk about some of the problems and attempt to encourage the board to consider some other action. And if it's appropriate for me to do that, I'll take*a few minutes now. MR. BRADLEY: Sure. MR. PHILLIPS: Willie has a map that I'd like to pass around to anyone who might be interested that highlights some of our concerns. And I have a larger one here that appears to be the same thing too. If it's all right, I'll go ahead and will go ahead with making the points I'd like to address while the maps are being passed out, if we can do that without too much trouble. We have not done a calculation as to exactly how much of Westlake is comprised of the Circle T ranch. We think that the ranch is roughly two thousand acres. And in looking at your zoning notice, you're rezoning approximately thirty-six hundred acres. So that would be the percentage of the acreage TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 w 16 17 18 19 20 21 22 23 24 25 MR. PHILLIPS: Yes. With his hand up back in the back. So ®® and my law firm was retained to represent the trust and Mr. Pate as the trustee. And we are here tonight to voice some concerns that we have about the proposed zoning plan, talk about some of the problems and attempt to encourage the board to consider some other action. And if it's appropriate for me to do that, I'll take*a few minutes now. MR. BRADLEY: Sure. MR. PHILLIPS: Willie has a map that I'd like to pass around to anyone who might be interested that highlights some of our concerns. And I have a larger one here that appears to be the same thing too. If it's all right, I'll go ahead and will go ahead with making the points I'd like to address while the maps are being passed out, if we can do that without too much trouble. We have not done a calculation as to exactly how much of Westlake is comprised of the Circle T ranch. We think that the ranch is roughly two thousand acres. And in looking at your zoning notice, you're rezoning approximately thirty-six hundred acres. So that would be the percentage of the acreage TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 w I ki I I 1 that's dealt with in the proposed rezoning with which 2 we are concerned. 3 The first item I think we would bring out is 4 that we question the reasonableness of zoning this 5 much property for a single use. The zoning is not an 6 entire city but essentially an entire city except for 7 the items that are marked there for a single purpose. a We believe that in the marketplace, both now 9 and in the forseeable future, that there is no demand 10 for this much property having this kind of use. 11 Certainly the IBM plant, and I know there have been 12 other conversations of other entities moving into the 13 city, are out there and from time to time happen. But 14 if you'd look at the number of those moves in a 15 h -UA that would have to take 16 place to cause this property to be developed, we think 17 that People familiar with the area, the people is familiar with what the market is, both now and in the 19 projected future, would say that it would be an 20 incredible number of years before the property would 21 be developed according to this plan. 22 We think that it is essentially not 23 consistent with some of the recognized principals of 24 city planning because of the concentration of a single 25 use, so much property designated for a single use. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 HN I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 F" 19 20 21 22 We have heard that one of the problems or one of the concerns that the people and through their representatives are attempting to address are worried about traffic problems that might be created with a development of the tract and the size of land that you have in the city that have not yet been developed. We have done some and Mt��­ could address them in more detail if anyone had an interest. But given the opportunity to sit down, we.think we can demonstrate, without question, by numbers that tjk re would yield much less in terms of traffic inquiries than the zoning that's currently being proposed. Zoning is something that can be calculated mathematically because of the density that's anticipated in being built by the zoning that is in hand. So if we were incorrect in our belief that the property is not going to be developed with the zoning that is proposed and it were developed, that the traffic problems that I would assume that you're concerned about will be enhanced by the kind of zoning that is being proposed as opposed to the zoning that is in place now. T know that the Circle T is currently under TTA COURT REPORTERS, INC. DALLAS, TEXAS _(214) 361-8800 M M q 3 4 5 6 7 I 15 16 17 is 19 q M4 I 23 24 25 contract. That contract has not closed. We are hopeful that it will but we don't know yet. I know that t h,*-, psop-1 t havI7 And that plan would have less of a traffic impact upon the area than the one that's currently proposed. And we think that if we had an opportunity to sit down and show you those studies and show you those numbers and show you that mathematical calculation, that we could convince you that that is, in fact, the case. The map that I have passed out really points to a specific problem that the owner of the Circle T would have. And I would like -- it's really a similar map to that one. Obviously it covers the same property. The black outline along the edge of the map is to depict the city limits of Westlake. The green is to depict the -Circle T ranch. We have -- and the map is designed to look at the seve,,n­­hundred­f"- 't that is in the proposed ordinance, which is that nothing can be built on the land that had a height exceeding seven hundred feet above sea n" We colored in the seven hundred feet with the orange. And then assume that any building would have TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 M 8 9 10 11 12 13 14 I 15 16 17 is 19 q M4 I 23 24 25 contract. That contract has not closed. We are hopeful that it will but we don't know yet. I know that t h,*-, psop-1 t havI7 And that plan would have less of a traffic impact upon the area than the one that's currently proposed. And we think that if we had an opportunity to sit down and show you those studies and show you those numbers and show you that mathematical calculation, that we could convince you that that is, in fact, the case. The map that I have passed out really points to a specific problem that the owner of the Circle T would have. And I would like -- it's really a similar map to that one. Obviously it covers the same property. The black outline along the edge of the map is to depict the city limits of Westlake. The green is to depict the -Circle T ranch. We have -- and the map is designed to look at the seve,,n­­hundred­f"- 't that is in the proposed ordinance, which is that nothing can be built on the land that had a height exceeding seven hundred feet above sea n" We colored in the seven hundred feet with the orange. And then assume that any building would have TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 M I M 2 3 4 5 6 I 14 15 16 17 18 I I a height of twenty feet, we extended it another twenty feet. So the land that ®® in the Circle T ranch that would be prohibited from having any structure on it whatsoever is that that is contained in red. So you see that that comprises a pretty significant portion of the ranch that the land that is on the ranch that if this ordinance were passed there could be no construction on it of any kind. When you add to that the flood plain area, and we do not have the study done to show exactly what areas are in the flood plain, I think we could certainly reasonably conclude that that portion that is currently under water is going to be in the flood plain and it's going to stem out from that. so if you add that portion of the ranch that is currently under water and an extension of the flood plain that would be created, plus that portion that is in red, this zoning proposal means that a significant portion of the Circle T ranch under this proposed ordinance would not be capable of having any development on it whatsoever. So because of that, we are concerned about it and want to raise those concerns now at this hearing as reasons for us being in opposition. We would als question whether a zoning ordinance such as this whicl TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 7 8 9 10 11 12 13 I 14 15 16 17 18 I I a height of twenty feet, we extended it another twenty feet. So the land that ®® in the Circle T ranch that would be prohibited from having any structure on it whatsoever is that that is contained in red. So you see that that comprises a pretty significant portion of the ranch that the land that is on the ranch that if this ordinance were passed there could be no construction on it of any kind. When you add to that the flood plain area, and we do not have the study done to show exactly what areas are in the flood plain, I think we could certainly reasonably conclude that that portion that is currently under water is going to be in the flood plain and it's going to stem out from that. so if you add that portion of the ranch that is currently under water and an extension of the flood plain that would be created, plus that portion that is in red, this zoning proposal means that a significant portion of the Circle T ranch under this proposed ordinance would not be capable of having any development on it whatsoever. So because of that, we are concerned about it and want to raise those concerns now at this hearing as reasons for us being in opposition. We would als question whether a zoning ordinance such as this whicl TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 creates a nonconforming use for a lot of uses that are currently being used for the property, all the residences other than those that are in the area would become nonconforming uses. And we would like to have an opportunity to talk about those kinds of issues and what problems that they may present in the development of the community as to whether that is an effective method of land use planning. We've had no indication since Mr. Pate became that's why these officials fulfilled their responsibility of being concerned about what was going TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 LE 20 21 22 23 24 25 creates a nonconforming use for a lot of uses that are currently being used for the property, all the residences other than those that are in the area would become nonconforming uses. And we would like to have an opportunity to talk about those kinds of issues and what problems that they may present in the development of the community as to whether that is an effective method of land use planning. We've had no indication since Mr. Pate became that's why these officials fulfilled their responsibility of being concerned about what was going TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 LE 7 S 9 10 11 12 13 14 15 16 17 18 1 _ 2 3 7 S 9 10 11 12 13 14 15 16 17 18 to happen to a tract of land that would certainly impact the City of Westlake. And we're aware of that too. And certainly you're aware that Mr ,:art's going to have to sell it and we come to you admitting that= that's true. That's what his job is, that's what he's been hired to do. But there is no market of any kind that we have been able to locate from any prospective purchaser that would have a plan to use the land as it's currently contemplated being zoned. So this zoning, if approved, will remove from the battle field all of the conversations that Mr. Pate is having with people who might have an interest to acquire the land and develop the land. Our preference would be that no zoning change be made at this time.;: ty et thy` - Since we were not owners of the land with the intent to fully utilize and develop the land, we don't think that we, meaning the trust, the liquidating trust, are the proper parties to work with the city in developing a way for the land to be �F effectively utilized for the community as a whole aP The person'that needs to be involved in this procedure, in our judgment, b� ttm t gr TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361®5800 W. 19 20 1 22 23 5 24 _ 5 to happen to a tract of land that would certainly impact the City of Westlake. And we're aware of that too. And certainly you're aware that Mr ,:art's going to have to sell it and we come to you admitting that= that's true. That's what his job is, that's what he's been hired to do. But there is no market of any kind that we have been able to locate from any prospective purchaser that would have a plan to use the land as it's currently contemplated being zoned. So this zoning, if approved, will remove from the battle field all of the conversations that Mr. Pate is having with people who might have an interest to acquire the land and develop the land. Our preference would be that no zoning change be made at this time.;: ty et thy` - Since we were not owners of the land with the intent to fully utilize and develop the land, we don't think that we, meaning the trust, the liquidating trust, are the proper parties to work with the city in developing a way for the land to be �F effectively utilized for the community as a whole aP The person'that needs to be involved in this procedure, in our judgment, b� ttm t gr TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361®5800 W. 01 I M 15 16 17 18 19 20 21 22 �W§ �1- �Iand. What we would ask this group to do is to defer doing anything right now because the trust represents ®® because the ranch represents such a significant portion of the land that's being contemplated to be rezoned. Let's wait until we have an owner, a prospective owner who has a legitimate interest in purchasing, that we are tied up with a contract, that we have satisfied ourselves as a real potential purchaser and let him come to the city witl a proposed plan of reorganization to work with you then in developing the land. A lot of us have had some experience in zoning cases and we're aware of traditionally the concerns that residents have and the need and the desire to protect lifestyles. And as we drove out here this afternoon, we were able to admire and envy the kind of lifestyles that you have here. But effective land use planning can help that and it doesn't have to destroy it at all. But also someone with a land area of this size I would respectfully submit that the plan that we have on the table now provides no prospect for developing the property and has the effect of making the property not marketable so that it is not salable. TTA COURT REPORTERS, INC. DALLAS, TEXAS M# 1 2 3 4 5 6 7 8 9 10 01 I M 15 16 17 18 19 20 21 22 �W§ �1- �Iand. What we would ask this group to do is to defer doing anything right now because the trust represents ®® because the ranch represents such a significant portion of the land that's being contemplated to be rezoned. Let's wait until we have an owner, a prospective owner who has a legitimate interest in purchasing, that we are tied up with a contract, that we have satisfied ourselves as a real potential purchaser and let him come to the city witl a proposed plan of reorganization to work with you then in developing the land. A lot of us have had some experience in zoning cases and we're aware of traditionally the concerns that residents have and the need and the desire to protect lifestyles. And as we drove out here this afternoon, we were able to admire and envy the kind of lifestyles that you have here. But effective land use planning can help that and it doesn't have to destroy it at all. But also someone with a land area of this size I would respectfully submit that the plan that we have on the table now provides no prospect for developing the property and has the effect of making the property not marketable so that it is not salable. TTA COURT REPORTERS, INC. DALLAS, TEXAS M# I I 1 That produces, you know, the effect of nothing at all 2 happening to the land. And I don't think that that is 3 an imposition that one can impose upon a property 4 owner. 5 It is our strong desire to work with the 6 city, work with the residents, work with the neighbors 7 to come up with something that is acceptable. We have 8 no desire to become litigious withthisissue. That's 9 not the way that Mr. Pate likes to run his business. 10 That's not going to be in anyone's best interest. But 11 the plan that is on the table has a very substantial 12 impact upon the value of the Circle T ranch. The 13 value that has been put forward in court documents, 14 that has been reviewed and accepted by the creditors 15 of Bunker Hunt that are looking to Mr. Pate to realize 16 a certain value upon the sale of that asset. So he is 17 under the position of not only having a fiduciary duty is in addition to the duty of the landowner to protect 23 can't find a way to work the proposed zoning change 24 into an accommodation that allows us to do really 25 anything with it. So our suggestion, we would ask K" TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 22 TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 1 that you table the motion that you not pass it; that 2 you'd give us an opportunity to talk about some of 3 these issues in greater detail: and that we determine 4 who the purchaser of that property is going to be so that we can work together and the new purchaser who will be a neighbor can work with you in developing a 7 plan to appropriately zone and develop the property. 8 Thank you. 9 FIR. BRADLEY: Thank you® Troy. 10 One last question before you leave. If the city on 11 your map there were to leave the area there along 12 south of Dove Road in a -- in its current state of 13 zoning wp;uldat th llri a-ofthh 14 ar t, you d -nit 1 r p? 15 MR. PHILLIPS: 16 17 rt.. 18 4-1 14 n,=t` i d .. _; . But one of the things 20 that we were trying to detail with this is to suggest 21 that -the person who owns the property needs to be 22 involved in the process of determiningn appropriate 23 use of that land recognizing his obligations to the 24 rest of the residents and a thought that this 25 proposed plan may have been put together without TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 0 2 3 4 5 6 7 8 9 14 15 16 17 is 19 20 21 22 6 23 10 11 12 13 14 15 16 17 is 19 20 21 22 6 23 considering factors that the owner of the Circle T ranch would have raised had he been involved in the process. And w,q_,,,r_ecognize that that's n so�net)x ng Possible for the city. You've got your ownutuse that you've got to plan too. This land has been in limbo because of the financial trouble of its owners® But that situation has not been solved. Mr. Pate's going to -- has been instructed to sell the land immediately, not to have a long-term hold, but to realize its current value. So we think that we can find the owner of this land to work with the city in doing that. And I have not done an analysis of the zoning that is in effect down here and how it relates to what you have up here. Obviously traditionally zoning goes in certain stages with buffer zones to protect one use from another use. And that's land use planning that all of us believe in. And so that's what I think we need to do is just take a look at the whole thing. Although your suggestion would certainly make it better than it currently is, I'm not sure it would solve the concerns that we have globally. MR. BRADLEY: Okay. Is there !!omebody else, Troy, from your group? TTA COURT REPORTERS,. INC. DALLAS, TEXAS (214) 361-8800 9 24 25 considering factors that the owner of the Circle T ranch would have raised had he been involved in the process. And w,q_,,,r_ecognize that that's n so�net)x ng Possible for the city. You've got your ownutuse that you've got to plan too. This land has been in limbo because of the financial trouble of its owners® But that situation has not been solved. Mr. Pate's going to -- has been instructed to sell the land immediately, not to have a long-term hold, but to realize its current value. So we think that we can find the owner of this land to work with the city in doing that. And I have not done an analysis of the zoning that is in effect down here and how it relates to what you have up here. Obviously traditionally zoning goes in certain stages with buffer zones to protect one use from another use. And that's land use planning that all of us believe in. And so that's what I think we need to do is just take a look at the whole thing. Although your suggestion would certainly make it better than it currently is, I'm not sure it would solve the concerns that we have globally. MR. BRADLEY: Okay. Is there !!omebody else, Troy, from your group? TTA COURT REPORTERS,. INC. DALLAS, TEXAS (214) 361-8800 9 I W. I is 16 17 18 19 I 2 3 4 5 6 7 8 9 10 I W. I is 16 17 18 19 �e_ 4, MR. PHILLIPS: I think Mr. Pate wanted to say a word. I MR. PATE: Not right now. Mayor, council members, zoning commission members, my name is Carter Pate, and I'm the trustee of the NBH liquidating trust. Basically I come to you tonight, I've listened to Troy, and basically I'm going to ask the town to please reconsider tabling this so that we can sit down together. I will make whatever changes I have to make in my own schedule to sit down and hear the town's needs out. But to basically take an entire piece of property and zone it in one motion, one use, is going to create -- I wish we could have had the flood plain put in here because the flood plain greatly -- the hundred -year flood plain greatly expands beyond the water here. And we just couldn't basically get everything together tonight to get that done. But between the flood plain, which is in the low area, and the other areas that are in the high area, basically what I'm going to be left with because of this zoning change is basically an unmarketable piece of property. And basically Troy was right, that I am not an individual that enjoys getting into a TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 20 21 22 23 24 25 �e_ 4, MR. PHILLIPS: I think Mr. Pate wanted to say a word. I MR. PATE: Not right now. Mayor, council members, zoning commission members, my name is Carter Pate, and I'm the trustee of the NBH liquidating trust. Basically I come to you tonight, I've listened to Troy, and basically I'm going to ask the town to please reconsider tabling this so that we can sit down together. I will make whatever changes I have to make in my own schedule to sit down and hear the town's needs out. But to basically take an entire piece of property and zone it in one motion, one use, is going to create -- I wish we could have had the flood plain put in here because the flood plain greatly -- the hundred -year flood plain greatly expands beyond the water here. And we just couldn't basically get everything together tonight to get that done. But between the flood plain, which is in the low area, and the other areas that are in the high area, basically what I'm going to be left with because of this zoning change is basically an unmarketable piece of property. And basically Troy was right, that I am not an individual that enjoys getting into a TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I M M 2 3 4 5 6 7 8 9 12 13 14 15 fight with anybody. That is one of the reasons, I guess, I'm the trustee in this case, that I believe in working things out. And if the council or zoning commission would at least give us some time to try to work a plan out together; that we -- maybe we have some hearings where we give each of the members of the town a chance to speak and tell what they would like to see, what land usage they would like to see, how they would see it develop. But together we can reach something that will meet everybody's needs. I've got my own particular marching orders in the liquidating trust, and that is to sell the property. I can't change that. Unfortunately we've got a lot of creditors that would like to have their money back. And the only way I can get it back is to liquidate the assets. But I understand, and that's why I came here tonight rather than just sending an attorney is I sincerely want to work with y'all. We can do it either in a closed session or we can do it in an open form where everybody gets to 'participate. But once this is done, there's no turning back. We can't have the open discussion that I would like to have with y'all. This is the point of no return for US. And whether I -- the buyers, I was very TTA COURT REPORTERS, INC. DALLAS, TEXAS {214} 361-8800 M 16 17 18 19 20 21 22 23 24 25 fight with anybody. That is one of the reasons, I guess, I'm the trustee in this case, that I believe in working things out. And if the council or zoning commission would at least give us some time to try to work a plan out together; that we -- maybe we have some hearings where we give each of the members of the town a chance to speak and tell what they would like to see, what land usage they would like to see, how they would see it develop. But together we can reach something that will meet everybody's needs. I've got my own particular marching orders in the liquidating trust, and that is to sell the property. I can't change that. Unfortunately we've got a lot of creditors that would like to have their money back. And the only way I can get it back is to liquidate the assets. But I understand, and that's why I came here tonight rather than just sending an attorney is I sincerely want to work with y'all. We can do it either in a closed session or we can do it in an open form where everybody gets to 'participate. But once this is done, there's no turning back. We can't have the open discussion that I would like to have with y'all. This is the point of no return for US. And whether I -- the buyers, I was very TTA COURT REPORTERS, INC. DALLAS, TEXAS {214} 361-8800 M 1 careful in considering the current proposed buyers 2 because they have indicated flexibility to me. They 3 have demonstrated that and I want to make sure that we see that when we sit down. 5 But, please, once we do this we can't turn 6 back and sit down together; was go down the road that I 7 don't want to go down. I thank you for your time and 8 consideration. 9 MR. BRADLEY: Thank you, 10 Carter. Carter, was there anybody else from your 11 group that wanted to go now? 12 I don't think 13 we had anything else specifically other than to say 14 that we would be happy to, if we were to not do 15 anything tonight but decide to do something later, 16 would be happy to provide assistance in gathering 17 technical data. You know, let's determine where the 18 flood plain is. bet's get all of the information 19 together that we need so that the decision that we 20 snake would be a fully informed decision with 21 participation by all the parties that have a right to 22 participate. And we would be happy to provide our 23 resources in doing those kinds of things. 4 25 or like TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361®8800 EE I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 some of the other developments around here that we know that have had an effective blend of the different kinds of uses for which this land's compatible and we'd like to have an opportunity to do that. MR. BRADLEY: Thanks, Troy. Mark, do you want to talk? MARK: I'll pass. MR. BRADLEY: Wayne? WAY: I'm going to pass mommmaoss" MR. BRADLEY: Have I got some sort of mask on that says I'm going to eat somebody? All of you are passing here. RON: All your comments are REMIT ". MR. BRADLEY: That's what I'm afraid of, Ron. I'm sorry, this is an indication I'm getting old when I have to put these things way out here. I believe this says Gerald K. Smith. MR. SMITH: I'm not speaking, although I'm representing Mr. Pate as well. MR. BRADLEY: Okay. Are you just passing, Mr. Smith, or do you want to -- or are You just not going to speak? MR. SMITH: No, I'm not going TTA COURT n771ORTERS, INC. DALLAS, TEXAS -1214) 361-8800 I I r I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BRADLEY: Okay® I'll put I you over here then. And, Carter, you've spoken. Well, here's somebody that's spoken to us many times, Ed MR. E: I've just got a point of clarification. In the map we got, it shows as part of the IBM property there's a rectangular area that shows a not to be zoned P. So we've been under the impression, or at least I've been under the impression the last seven and a half, eight years, that that was all zoning, the same P. I haven't gone back and looked through my -- MAYOR WHITE: It is. MR. CE: Okay. You think Rmm�z � MAYOR WHITE: I'm sure it is. MR. WALIAME: -- that thing's just drawn incorrectly? MAYOR WHITE: I think so. MR. BRADLEY: Yeah, it could be, it could be. That's my recollection. MAYOR WHITE: It i® MR. WCE: My recollection is that all that stuff was Zone P. And then he had TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 US 17 18 19 20 21 I 2 3 4 5 6 7 8 9 10 11 17 18 19 20 21 12 13 14 25 16 17 18 19 20 21 the planned office park and hotel which was the PH zoning, which is the pink. And when I saw that, I was going, huh, maybe I missed something. MR. HAUPTMANN: Excuse me. MR. BRADLEY: Sure. MR. WXL-EdME: Sure. MR. HAUPTMANN: Ed, we don't have a legal description of that tract. We've -- it's -® we've never and it could be it's just a copy that we didn't receive, that's possible. MAYOR WHITE: I think that's what it is. He just didn't get the ordinance in there. Remember that was one of the later ones? MR. WX1aVKCE: Yeah, it was one of the later ones, then it came in. MR. HAUPTMANN: Let me get you a proper description for that. MR. WA E: Okay. Thanks MR. BRADLEY: Okay. Willie, did you want to talk now, Mr. Cothrum? MR. COTHRUM: No. 1 think for the moment Troy has covered it all. I'd like to after whoever is speaking if we need to talk about any of x TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 22 23 24 25 the planned office park and hotel which was the PH zoning, which is the pink. And when I saw that, I was going, huh, maybe I missed something. MR. HAUPTMANN: Excuse me. MR. BRADLEY: Sure. MR. WXL-EdME: Sure. MR. HAUPTMANN: Ed, we don't have a legal description of that tract. We've -- it's -® we've never and it could be it's just a copy that we didn't receive, that's possible. MAYOR WHITE: I think that's what it is. He just didn't get the ordinance in there. Remember that was one of the later ones? MR. WX1aVKCE: Yeah, it was one of the later ones, then it came in. MR. HAUPTMANN: Let me get you a proper description for that. MR. WA E: Okay. Thanks MR. BRADLEY: Okay. Willie, did you want to talk now, Mr. Cothrum? MR. COTHRUM: No. 1 think for the moment Troy has covered it all. I'd like to after whoever is speaking if we need to talk about any of x TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 2 2 the details. R. BRADLEY: Okay. Well, let me start back through my list again and we'll see ifs anybody wants to talk this time around. Ron? RON: I've just got a couple of comments to make. First of all, it distresses me to have somebody tell me there's not going to be any traffic increase. I wonder myself when I hear that comment, I'd like to have been a fly in a room back in the Dallas .• said, when we start expanding Dallas we're not goinl-� to have any traffic problems. Well, 1990 is here and e have traffic problems. I don't think anybody can tell us that there's not going to be any increase in traffic. We've been out here five years and dare say we run up and down 114. And I think in the last five years it has increased. My last comment is that when my wife and I moved out here, we moved out here with the stipulation in our ®® in Shelby Estates it would be a ten acre tract. And that's what we accepted, that's what we wanted for the security and the stability of my family, and that's the reason we purchased out here. And I don't want to see it change. You know, we reed to buy under those reasons. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361®8800 W I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dare say if I were in trouble and I came to you and said, I can't do it and I'm going to have to sell my land but nobody wants to buy my thirteen acres, will you divide it up for me, I don't think the city council or the planning and zoning commission would give me much time to do that. And I hope that you will move forward on this tonight. R. BRADLEY: Thank you, Ron. MR. MINYARD: I thought you moved out here to be near me. RON: I didn't. MR. BRADLEY: Sam, did you want to say anything? Rusty, did you -- second time around, did you want to -- MR. TRENARY: No, I'm fine. MR. BRADLEY: Bob Minyard? MR. MINYARD: I'm still in MR. BRADLEY: All right. Dn 113FM MR. MINYARD: It doesn't matter at this time. R. BRADLEY: All right, Barbara? Cecil? Put you over here? TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 W I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BARBARA: Yeah, thank you. MR. BRADLEY: Okay. And, Mark? MARK: I pass. MR. BRADLEY: Do you want me to put you over here, too? MARK: Yeah. MR. BRADLEY: And, Wayne? WAYNE: Well, I feel like I ought to say something, but I've made up my mind and I definitely don't want this change. MR. BRADLEY: Okay. WAYNE: I don't know if anybody else agrees with me or not. But I feel like I'm just getting backed into a corner where I can't dispose of my property when I get ready to. I've already been cut down from eighteen acres down to ten minimum. So what do you -- you know, if you get some other restrictions put on it, I won't be able to turn it. MR. BRADLEY: That's the size tract that you've got right now, right? WAYNE: Right. MR. BRADLEY: Okay. All uight. Bob, it's now or never. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 1E I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 MR. MINYARD: It's me, huh? I make a motion that the proposal be accepted as presented by Mr. Hauptmann. MR. BRADLEY: Are you talking MR. MINYARD: Change. We're ready for it, let's look at it and let's move forward. MR. FLOWERS: I didn't get a chance to sign. I guess I walked in late. I'm Dean Flowers. MR. BRADLEY: Okay. Dean, why don't you fill one of these things out. Is there anybody else? PARTICIPANT: Would it be appropriate to hear the letter that Rusty has presented? AR. BRADLEY: Yeah, I can rean- interested in hearing it. MR. BRADLEY: Sure. Rusty, I'm going to read your letter, if I can see. PARTICIPANT: Do you want to E TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I 1 2 4 5 6 7 can do it. This is addressed to Mrs. Gerry White, the town secretary, regarding the proposed rezoning of Lida Hunt Bunker's trust property. Rusty, just by way of background, let me explain for everybody that it's my understanding, and you correct me if I get the facts wrong, the Lida Hunt Bunker trust is a trust .that's set up for the four children of Nelson Hunker Hunt; is that correct? MR. TRENARY: That's correct. R. BRADLEY: So that would be Houston hunt and his three sisters, correct? R. TRENARY: Yes. MR. BRADLEY: Okay. And that would be the property that's on the west end of the town adjacent to highway 377? MR. TRENARY: Correct. MR.BRADLEY: Okay. "Dear Mrs.White: Pursuant to your notification of the proposed rezoning of the above referenced tract, the trustees of the undersigned trust offer the following comments. These three undersigned trustees represent a three-four undivided interest in the subject tract. Considering several factors, including prevailing features and natural boundaries of the land, the amount of P zoning TTA .COURT REPORTERS, INC. DALLAS, TEX4S J214) 361-9,800 M 6 9 10 11 8 12 13 1 15 can do it. This is addressed to Mrs. Gerry White, the town secretary, regarding the proposed rezoning of Lida Hunt Bunker's trust property. Rusty, just by way of background, let me explain for everybody that it's my understanding, and you correct me if I get the facts wrong, the Lida Hunt Bunker trust is a trust .that's set up for the four children of Nelson Hunker Hunt; is that correct? MR. TRENARY: That's correct. R. BRADLEY: So that would be Houston hunt and his three sisters, correct? R. TRENARY: Yes. MR. BRADLEY: Okay. And that would be the property that's on the west end of the town adjacent to highway 377? MR. TRENARY: Correct. MR.BRADLEY: Okay. "Dear Mrs.White: Pursuant to your notification of the proposed rezoning of the above referenced tract, the trustees of the undersigned trust offer the following comments. These three undersigned trustees represent a three-four undivided interest in the subject tract. Considering several factors, including prevailing features and natural boundaries of the land, the amount of P zoning TTA .COURT REPORTERS, INC. DALLAS, TEX4S J214) 361-9,800 M 20 21 2 23 8 2 25 can do it. This is addressed to Mrs. Gerry White, the town secretary, regarding the proposed rezoning of Lida Hunt Bunker's trust property. Rusty, just by way of background, let me explain for everybody that it's my understanding, and you correct me if I get the facts wrong, the Lida Hunt Bunker trust is a trust .that's set up for the four children of Nelson Hunker Hunt; is that correct? MR. TRENARY: That's correct. R. BRADLEY: So that would be Houston hunt and his three sisters, correct? R. TRENARY: Yes. MR. BRADLEY: Okay. And that would be the property that's on the west end of the town adjacent to highway 377? MR. TRENARY: Correct. MR.BRADLEY: Okay. "Dear Mrs.White: Pursuant to your notification of the proposed rezoning of the above referenced tract, the trustees of the undersigned trust offer the following comments. These three undersigned trustees represent a three-four undivided interest in the subject tract. Considering several factors, including prevailing features and natural boundaries of the land, the amount of P zoning TTA .COURT REPORTERS, INC. DALLAS, TEX4S J214) 361-9,800 M I I I 35 1 proposed in the development activity in the immediate 2 area, the trustees urge you to reconsider the type of 3 zoning proposed for their tract. 4 The land proposed for rezoning is generally 5 characterized by rolling hills, trees, creeks and 6 ponds which are generally preserved within the context 7 of the P zoning requirements. These features along 8 with the hundred -year flood plains naturally divide 9 the area along the proposed State Highway 170 into 10 roughly four general areas, three of which are 11 characterized by the hills, streets and ponds and the 12 fourth that roughly the southeast corner of State 13 Highway 170, U.S. 377, which is the location of the 14 Lida Hunt Bunker trust property. 15 We have prepared, and it's attached, a map 16 showing the location, Lida Hunt Bunker trust property. 17 in context to the topography and major road 18 alignments. This illustrates that the subject 19 property is generally flat in character and is 20 atypical of the P zoning land and therefore is more 21 naturally suited for other high quality development 22 uses. 23 A land plan study is currently under way to 24 determine what uses.may be possible for the trust 25 property. This will be presented to the Town of TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I M RE M 4 5 6 7 14 15 16 17 18 19 24 25 Westlake as soon as possible. However, it is possible to achieve the goal of compatibility to the surrounding or abutting residential districts by sensitive zoning mixes and densities, landscape buffers and building setbacks. Considering the amount of P zoning proposed, at some point it may be advantageous for the Town of Westlake to develop other community service/commercial type functions to support this acreage. Although many services may be provided on campus, such as the dining and limited retail at IBM, many services that employees may require may be located off of an individual tract. This represents two opportunities: One, these type of services can be localized and condensed and somewhat controlled in visual character; and two, traffic generated to and from these necessary services can be, therefore, localized to the State Highway 170 corridor thereby avoiding unnecessary traffic through abutting residential districts to get,to-these services elsewhere. Also, the development activity in the immediate area vicinity cannot be overlooked. T1 impact of the Alliance Airport project and the proposed uses of the Perot land immediately west WW TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 S 9 10 11 12 13 14 15 16 17 18 19 24 25 Westlake as soon as possible. However, it is possible to achieve the goal of compatibility to the surrounding or abutting residential districts by sensitive zoning mixes and densities, landscape buffers and building setbacks. Considering the amount of P zoning proposed, at some point it may be advantageous for the Town of Westlake to develop other community service/commercial type functions to support this acreage. Although many services may be provided on campus, such as the dining and limited retail at IBM, many services that employees may require may be located off of an individual tract. This represents two opportunities: One, these type of services can be localized and condensed and somewhat controlled in visual character; and two, traffic generated to and from these necessary services can be, therefore, localized to the State Highway 170 corridor thereby avoiding unnecessary traffic through abutting residential districts to get,to-these services elsewhere. Also, the development activity in the immediate area vicinity cannot be overlooked. T1 impact of the Alliance Airport project and the proposed uses of the Perot land immediately west WW TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I im 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 U.S. 377 should be considered. U.S. 377 is and will continue to be a major north -south connector which can i support more of a commercial service -type orientation. A certain amount of buffering of the railroad and the Perot land may be required considering the cumulative zoning that is proposed there. In conclusion, the trustees are not in favor of this proposed rezoning for the reasons outlined above. We strongly urge you to reconsider this position as it relates to the subject property." As I understand it, Rusty, y'all are developing a plan which would be submitted irrespective of the action ®® if we left the land or we changed it today, you're still going to be submitting a plan that you think reflects the better use for that property? R. TRENARY: Yes. But it's our opinion that it would be better to table this at this time rather than go back and rezone something that was just zoned. R. TRENARY: I have a larger scale map that we can pass around if anyone would like to look at it, which is the same as the map attached to the back of the letter by the trustees. If anyone TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 R is 19 20 21 22 23 24 25 U.S. 377 should be considered. U.S. 377 is and will continue to be a major north -south connector which can i support more of a commercial service -type orientation. A certain amount of buffering of the railroad and the Perot land may be required considering the cumulative zoning that is proposed there. In conclusion, the trustees are not in favor of this proposed rezoning for the reasons outlined above. We strongly urge you to reconsider this position as it relates to the subject property." As I understand it, Rusty, y'all are developing a plan which would be submitted irrespective of the action ®® if we left the land or we changed it today, you're still going to be submitting a plan that you think reflects the better use for that property? R. TRENARY: Yes. But it's our opinion that it would be better to table this at this time rather than go back and rezone something that was just zoned. R. TRENARY: I have a larger scale map that we can pass around if anyone would like to look at it, which is the same as the map attached to the back of the letter by the trustees. If anyone TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 R I E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 would like to look at this, I can pass it around. MR. BRADLEY: Okay. That is I might add, this is the condensed version of that? R. TRENARY: Yes, it is. MR. BRADLEY: So this is becoming a part of the public record? MR. TRENARY: Yes, it is. R. BRADLEY: You might want, Rusty, just to maybe leave that up here with Bud and maybe he can take a look at it, too, and anybody else who wants to see.it. Okay. Dean, why don't you come up now. MR. FLOWERS: All right. MR. BRADLEY: This is Dean Flowers. MR. FLOWERS: I have land at Dove and Pearson in Roanoke. I represent some people on it. And when I first of y1all's letter, I was pretty excited about the city because I've been so happy with what the city government has done in the past, not letting anybody come in and really mess up this town. I'd like to ask a question to the city engineer. Is this the first city You've ever zoned? TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 38 W 1 Have you ever zoned a city? Or is this -- I'm real 2 1 mean, and how we got this plan that was 3 R. HAUPTMANN: This the 4 plan for this zoning wasn't developed from a from 5 any kind of a detailed study or anything like that. 6 MR. FLOWERS: Did we get the 7 information from the city council, is that how it got 8 into place? 9 MAYOR WHITE: Yeah. 10 MR. FLOWERS: I'm trying to 11 figure out how it got there. So you guys made a 12 decision on what the city should be zoned as. And you 13 as the city engineer put it on the map. Okay. I 14 think we're kind of making a mistake. It sounds like 15 all of a sudden we're jumping off the high board 16 without really looking what's in the pool. We've sat 17 here for fifty years without doing anything and is letting everything develop around us, which has been 19 great, Colleyville. Southlake is developing, right? 9 20 The Alliance Airport and all things,-- well, now 21 you're putting a guy like me who's thirty-one years 22 old in this position where my land wouldn't be worth 23 anything. You guys that are a little bit older who 24 have your places and houses and you don't have to 25 worry about it, that's a little bit different. I TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 20 21 22 23 24 25 think you need to think about maybe your children and grandchildren. In Dallas the Murchison family had a piece of property on Forest Lane just south of Preston Road, I'm sorry, just east of Preston Road. And that twenty-five acres, after Clint Murchison went broke, saved a lot of their kids. And we're sitting out here and we're destroying the value of the property. You know, I know you say, Well, you can come in and get it zoned later. Well, just like this man right here, he might not be able -- he can afford to live on that thirteen acres. But what happens if I get in trouble. Well, I'm in trouble and I've of a corner at Dove and Pearson Roads. It's a great piece MR. BRADLEY: Can you show us where your piece of property is? (Inaudible.) PARTICIPANT: It's for sale? MR. FLOWERS: Itsureis. PARTICIPANT: Do you own that? MR. FLOWERS: I own it for PARTICIPANT: Do you represent the people or do you own it? TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 W 13 14 15 16 17 18 19 20 21 22 23 24 25 think you need to think about maybe your children and grandchildren. In Dallas the Murchison family had a piece of property on Forest Lane just south of Preston Road, I'm sorry, just east of Preston Road. And that twenty-five acres, after Clint Murchison went broke, saved a lot of their kids. And we're sitting out here and we're destroying the value of the property. You know, I know you say, Well, you can come in and get it zoned later. Well, just like this man right here, he might not be able -- he can afford to live on that thirteen acres. But what happens if I get in trouble. Well, I'm in trouble and I've of a corner at Dove and Pearson Roads. It's a great piece MR. BRADLEY: Can you show us where your piece of property is? (Inaudible.) PARTICIPANT: It's for sale? MR. FLOWERS: Itsureis. PARTICIPANT: Do you own that? MR. FLOWERS: I own it for PARTICIPANT: Do you represent the people or do you own it? TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 W 01 1-1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 MR. FLOWERS: Well, it's in my name. The ownership is in my name. MR. MINYARD: As trustee? MR. FLOWERS: Uh-huh. So I just think that we need to think -- maybe get a plan. Let's get a fund up, everybody, and get somebody that's a zoning person or a planner and get in here and plan the city correctly. MAYOR WHITE: What can you do with it the way it is? It's a tan acre minimum now. How is this going to be any worse than that on the Thrasher case? MR. FLOWERS: I don't think it should be that. I think that -- MAYOR WHITE: It is right now. MR. FLOWERS: I understand that. It's my problem. MAYOR WHITE: The zoning change can't make you any worse off. MR. FLOWERS: Well, right now you're not changing the zoning on my property. My property's staying the same. I'm not talking about my property. I'm talking about the city. MAYOR WHITE: I don't understand what your point is then. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I 1 MR. FLOWERS: The point is 2 that you're sitting here and saying, Okay, we're going 3 to bring nothing out here but campus -type people like 4 IBM, which is a great deal. There's not that many 5 people out there. There's been two or three deals in 6 the whole history of the City of Dallas like that. 7 And you're over here trying to take four thousand 8 acres of a great city that's in a great location and 9 change it to saying, Hey, it's going to be all this. 10 And it shouldn't be. It should be planned correctly. 11 And I don't think me or any of these -- I don't know 12 if there's a planner in this room that could do it 13 correctly. 14 But I think we should take time, a little 15 time maybe, and have some studies and have some 16 different ideas than Just all these guys up here and 17 our city engineer say, Hey, it's P or it's L. And I 18 just think that's incorrect. That's my feelings. 19 Thank you very much for your time. 20 R. BRADLEY: Is there anybody 21 else who did not get a chance to speak that would like 22 to speak? If not, we'll close the Public hearing 23 then. And the secretary of the hearing will so note 24 the Public hearing is now adjourned. 25 We're going to take just a short break, and TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 EN I M 2 3 4 5 6 14 15 16 17 is 19 20 21 22 23 24 25 when we come back we will start the planning and zoning commission hearing ®® our meeting, excuse me. And from there, then we will adjourn and go into the Board of Aldermen meeting. (Whereupon the public meeting was adjourned and a short recess taken.) MR. BRADLEY: This session of the planning and zoning commission is now under way. The only item of business before the commission tonight, and I will read this straight from the notice, Consideration of the recommendation p1the Board of Aldermen concerning the action on the For the purpose of those assembled, I will tell you that the planning and zoning commission with respect to zoning has advisory powers only. It has no power to effect any zoning at all. It can only consider comments and make its recommendations to the council. It will then be the responsibility of the council to act upon that recommendation. The council has the authority to totally disregard the recommendation or to accept it or to modify it. Now, with that in mind, the chair will consider a motion from either of the members. EK TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 when we come back we will start the planning and zoning commission hearing ®® our meeting, excuse me. And from there, then we will adjourn and go into the Board of Aldermen meeting. (Whereupon the public meeting was adjourned and a short recess taken.) MR. BRADLEY: This session of the planning and zoning commission is now under way. The only item of business before the commission tonight, and I will read this straight from the notice, Consideration of the recommendation p1the Board of Aldermen concerning the action on the For the purpose of those assembled, I will tell you that the planning and zoning commission with respect to zoning has advisory powers only. It has no power to effect any zoning at all. It can only consider comments and make its recommendations to the council. It will then be the responsibility of the council to act upon that recommendation. The council has the authority to totally disregard the recommendation or to accept it or to modify it. Now, with that in mind, the chair will consider a motion from either of the members. EK TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I Ftp I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 MR. LOFTUS: Mr. Chairman, I would like to make a motion that we recommend to the city council the adoption of the rezoning of the city with the exception with that portion indicated there in green bounded by Dove Road and its survey line extending south of Precinct Line Road at the intersection of Precinct Line Road and Dove Road be excluded. MR. BRADLEY: When you say the town, you're speaking of the portion that was noticed for the proposed zoning, P? R. LOFTUS: That's correct, P. MR. BRADLEY: But excluding the part, any part that may appear in the green colored area; is that correct? R. LOFTUS: That's correct. R. BRADLEY: All right. Is there a second to the motion? MRS. MINYARD: I second. M. BRADLEY: Okay. The motion has been made and seconded. Is there any discussion of the motion? Okay. If there's no discussion, then the chair will put the motion -- those in favor, signify by raising your right hand. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 44 I I I Okay. The chair declares that the motion 2 passes unanimously. And with that action, then, this 3 session of the planning and zoning commission is 4 adjourned. 5 (Whereupon session of the 6 planning and zoning commission 7 was adjourned.) 8 MAYOR WHITE: The meeting will 9 come to order. Will the secretary please read the 10 minutes of the last meeting? 11 1 MRS. WHITE: A regular meeting 12 of the Board of Aldermen of the Town of Westlake, 13 Texas, was held on the 5th day of March 1990 at 14 7:00 p.m. at the Dudley Ranch in the Town of Westlake, 15 Texas. The following were present: Dale White, 16 mayor; Sherry Dudley, Alderman; Alvin Oien, Alderman; 17 Jerry Moore, Alderman; Gerry White, secretary. 18 Absent: Howard Dudley, mayor pro tem; 19 Carroll Huntress, Alderman. Also present: Paul 20 Isham, town attorney; Bud Hauptmann, town engineer, Z'V� e r-5 21 Mr. Ed Wallace and Mr. Tom Allen representing 22 Maguire/Thomas IBM Partners. 23 The meeting was called to order by the mayor 24 at 7:00 p.m. Minutes of the previous meeting were 25 read by the secretary and approved as read. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 MR 2 3 4 7 RN FWw 12 13 1 15 16 17 18 19 FM 22 3 24 5 NumberItem - approval Solana Sports Club site plan. Motion was made by Alderman, Alvin Oien, seconded by Jerry Moore to grant the request fromMaguire/Thomas Partners Westlake, Southlake partnership to approve the site plan for the Solana Sports Club, Motion was voted on and carried unanimously. Item Number : Consider approval of an ordinance regarding the town's municipal election to be held on May 5th, 1990. Motion was made by Alderman, Jerry Moores seconded by Alderman, Alvin Olen to pass and approve ordinance number 179, an ordinance calling and ordering an election to be held on the 5th day of May 1990 for the purpose of electing a mayor and two Aldermen for the Town of Westlake for two-year terms each. Motion was voted on and carried unanimously. Item Number 3: Old business. No action taken. There being no further business to come before the board, the meeting was adjourned. MAYOR WHITE: Any corrections? The minutes stand approved as read. Item Number 1 is consideration of amendments to the 1988 uniform building code. Bud, would you please address the council on that? TTA COURT REPORTERS, INC. DALLAS, TEXAS .,(214) 361-8800 60 I M 2 3 4 5 6 I 19 20 21 M. HAUPTMANN: Mayor White, I apologize that I'm not prepared. We were in the process of developing information and everything to recommend to council that they adopt the 1988 uniform building code. You're now under the 1985. But we're not prepared to present it to you just yet. MAYOR WHITE: Okay. No Item 2: Consideration of an ordinance adopting proposed zoning changes in the Town of Westlake, Texas. Commissioner Bradley, what's the recommendation of the planning and zoning commission? MR. BRADLEY: Mr. Mayor, at a meeting of the planning and zoning commission held the same date, the commission voted unanimously to recommend the adoption of the ordinance changing the zoning as presented in the notice with the exception of that area lying south of Dove Road and east of the survey line that is contiguous with an extension of Dove Road into Randol Mill Road, which would be the area that is colored in the green on the map that the town engineer is now holding. In other words, it was a recommendation to adopt the ordinance except to exclude from the rezoning the area signified in green. MAYOR WHITE: The chair will TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 7 8 9 10 11 12 13 14 I 19 20 21 M. HAUPTMANN: Mayor White, I apologize that I'm not prepared. We were in the process of developing information and everything to recommend to council that they adopt the 1988 uniform building code. You're now under the 1985. But we're not prepared to present it to you just yet. MAYOR WHITE: Okay. No Item 2: Consideration of an ordinance adopting proposed zoning changes in the Town of Westlake, Texas. Commissioner Bradley, what's the recommendation of the planning and zoning commission? MR. BRADLEY: Mr. Mayor, at a meeting of the planning and zoning commission held the same date, the commission voted unanimously to recommend the adoption of the ordinance changing the zoning as presented in the notice with the exception of that area lying south of Dove Road and east of the survey line that is contiguous with an extension of Dove Road into Randol Mill Road, which would be the area that is colored in the green on the map that the town engineer is now holding. In other words, it was a recommendation to adopt the ordinance except to exclude from the rezoning the area signified in green. MAYOR WHITE: The chair will TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 I I I C 48 1 obtain a motion. 2 R. HUNTRESS: May I ask a 3 question of the planning and zoning commission? 4 MAYOR WHITE: Yeah, we can 5 discuss it after the motion if you like. Get a motion 6 and a second and we'll discuss it. 7 MR. HUNTRESS: I didn't hear 8 motions. 9 MR. LOFTUS: I Move we adopt 10 the ordinance. 11 MAYOR WHITE: Do we have a 12 motion? 13 PARTICIPANT: I second. 14 MAYOR WHITE: NcWdiscussion. 15 Carroll? 16 MR. HUNTRESS: I wondered how 17 many other zonings were considered by the planning and is zoning commission. 19 MR. BRADLEY: You mean -- 20 MR. HUNTRESS: W I as there any 21 other type zoning, planned zoning or anything of that 22 nature, planned development? 23 R. BRADLEY: No, nothing else 24 was considered, Carroll. 25 MR. HUNTRESS: This was the TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 M TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 1 only thing considered? 2 MR. BRADLEY: Yes. 3 R. HUNTRESS: How many 4 meetings did the planning and zoning commission have? 5 MR. BRADLEY: Just this one. 6 MAYOR WHITE: Any further 7 discussion? 8 Those for? 9 Those against? 10 Four and one. 11 Motion passes and the ordinance is adopted. 12 (Whereupon the following votes were had: 13 For: Alvin Oien 14 Jerry Moore 15 Sherry Dudley 16 Howard Dudley 17 is Against: Carroll Huntress) 19 20 And does anyone have anything to say? The 21 meeting is adjourned. 22 (Whereupon the meeting was 23 adjourned.) D24 (End of Proceedings.) 25. TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 4 5 6 7 1 2 3 4 5 6 7 I 15 16 17 18 M� M STATE OF TEXAS I, Charla A. Wheatley, Certified Shorthand Reporter in and for the State of Texas do hereby certify that the foregoing 49 pages constitute a full, true, and correct transcript of all of the proceedings had and testimony heard of said hearing; thereafter, reduced to typewriting by me and under my supervision. Given under any hand and seal of office on the 18th day of April, 1990. ChARLA A. WHEATLKY, Certified Shorthand Reg in and for the State of Texas Certification Number: 2828 Date of Expiration: 12-31-90 TTA Court Reporters, Inc. 700 Sterling Plaza 5949 Sherry Lane, LB 99 Dallas, Texas 75225 Telephone Number: (214) 361-8800 FAX: (214) 363-9953 a TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800 8 9 10 11 12 13 14 I 15 16 17 18 M� M STATE OF TEXAS I, Charla A. Wheatley, Certified Shorthand Reporter in and for the State of Texas do hereby certify that the foregoing 49 pages constitute a full, true, and correct transcript of all of the proceedings had and testimony heard of said hearing; thereafter, reduced to typewriting by me and under my supervision. Given under any hand and seal of office on the 18th day of April, 1990. ChARLA A. WHEATLKY, Certified Shorthand Reg in and for the State of Texas Certification Number: 2828 Date of Expiration: 12-31-90 TTA Court Reporters, Inc. 700 Sterling Plaza 5949 Sherry Lane, LB 99 Dallas, Texas 75225 Telephone Number: (214) 361-8800 FAX: (214) 363-9953 a TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800