Copper Canyon Board of Aldermen

MINUTES TOWN OF COPPER CANYON REGULAR TOWN COUNCIL MEETING MONDAY, MARCH 9, 2015 AND JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION MONDAY, MARCH 9, 2015The Town Council of the Town of Copper Canyon met in Executive session on Monday, March 9, 2015 at 6:30 p.m. and the Town Council and the Planning and Zoning Commission of the Town of Copper Canyon met in Regular session at 7:37 p.m. in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, whereupon the following items were considered:I.TOWN COUNCIL – CALL TO ORDERMayor Tejml called the regular meeting of the Copper Canyon Town Council to order at 6:30 p.m. on the 9th day of March, 2015 in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, 75077.Council Present Jeff Mangum Mayor Pro Tem Steve Hill Deputy Mayor Pro Tem Valerie Cannaday Council Member Charlie Nicholas Council Member Darrin Peterson Council MemberStaff Present Terry Welch Town Attorney Donna Welsh Town Administrator Sheila Morales Town Secretary James Gaertner Town EngineerA quorum of the Town Council was established.II.EXECUTIVE SESSIONThe Town Council convened into a closed session at 6:32 p.m. pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.071, 551.072, 551.074 andJoint Council and P&Z Minutes, 3-9-2015: p. 1 of 16 551.087 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:1. Discuss and consider economic development incentives. 2. Discuss and consider purchase, exchange, lease or value of real property for municipal purposed and all matters incident and related thereto. 3. Deliberate the appointment, duties, evaluation, reassignment and/or dismissal of member(s) and alternate members to the Planning and Zoning Commission. 4. Consultation with the Town Attorney regarding legal issues associated with Town ordinances and regulations for land development projects in the Town Center area, and all matters incident and related thereto.III.CONSIDERATION OF EXECUTIVE SESSION ITEMThe Town Council reconvened into open session at 7:34 p.m. pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.071, 551.072, 551.074 and 551.087 to take action relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:1. Discuss and consider economic development incentives. No action taken.2. Discuss and consider purchase, exchange, lease or value of real property for municipal purposed and all matters incident and related thereto. No action taken.3. Deliberate the appointment, duties, evaluation, reassignment and/or dismissal of member(s) and alternate members to the Planning and Zoning Commission.Brad Kokoran, P&Z Member, asked to be moved from P&Z Member to Alternate due to his work schedule.Mayor Pro Tem Mangum motioned to appoint John Brothers as a P&Z Member and move Brad Kokoran to an “Alternate”.Deputy Mayor Pro Tem Hill seconded the motion.Ayes: Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill and Council Members Cannaday, Nicholas and Peterson Nays: None Joint Council and P&Z Minutes, 3-9-2015: p. 2 of 16 Mayor Sue Tejml announced that the motion carried unanimously.4. Consultation with the Town Attorney regarding legal issues associated with Town ordinances and regulations for land development projects in the Town Center area, and all matters incident and related thereto.No action taken.Mayor Tejml and Council Members led meeting attendees in the Pledge of Allegiance to the U.S. and Texas Flags.IV.MAYOR’S REMARKS(1) Denton County Mayors Crime Luncheon: 4th Annual Denton County Mayors’ Crime Luncheon, sponsored by Copper Canyon and funded by CoServ, was a huge success – again! 70 persons attended, including 10 Mayors, 16 Police Chiefs, 2 County Commissioners, and representatives from 4 legislators and 1 Congressman! The panel was on “Homeless Teens” in Denton County.Our Town Administrator Donna Welsh has the organization of the event down to a science, and our Staff and Hostess Committee are wonderful at welcoming guests and providing wonderful homemade desserts!(2) City of Denton & ESD#1 joint funding agreement for Argyle Fire District Station #3: In a wonderful example of positive cooperation between governmental bodies, the City of Denton entered into a Joint Funding Agreement with Emergency Services District#1. The Funding Agreement will allow the Argyle Fire District Fire Station #3 to be built almost 5 years ahead of schedule!The biggest beneficiaries will be the homeowners in Robson Ranch. Presently their area has an ISO rating of 10, because Robson Ranch is located more than 5 miles from a fire station. The longer the distance a fire engine or ambulance must travel, the greater the “response time” - and this hugely increases the chance for a home burning down and lives lost to medical emergencies.Argyle Fire District reduced its ISO rating from a 4 to a 3 last year. For insurance companies that use the ISO rating to set premiums (not all do), a reduction from 4 to 3 can save up to 20%Joint Council and P&Z Minutes, 3-9-2015: p. 3 of 16 in insurance premium costs. (NOTE: The reduction is not automatic. The homeowner must be responsible for notifying their respective insurance company.) A 10 ISO rating has resulted in huge fire insurance premiums for Robson Ranch homeowners.Accolades to those responsible for this WIN-WIN solution to a shared problem! (a) City of Denton officials: Mayor Chris Watts and City Council, City Manager George Campbell and Assistant City Manager Jon Fortune, and new Fire Chief Robin Paulsgrove (who is also a new homeowner in Robson Ranch). (b) Representatives of the Robson Ranch HOA (c) Emergency Services District #1 President Jim Carter and Treasurer Jon Donahue (d) Argyle Fire District Fire Chief Mac Hohenberger(3) Copper Canyon Scholarship Applications now available at Town Hall; deadline to submit applications is Friday March 27th, 3:00 pm at Town Hall, 400 Woodland Drive. Scholarship applicants must live in Copper Canyon, be graduating this spring, and have already been accepted to a college or technical school. The scholarship money awarded is sent directly to the school to be applied to the student’s tuition expense.The $2,500 to $4,000 scholarships originally awarded were funded from sales of the Copper Canyon Cookbook. (Of the original 250 limited edition of the Cookbook, only 20 remain.) This is the 3rd year that Council Members Steve Hill and Charlie Nicholas and Emil and Sue Tejml have donated a $1,000 each. Last year Atlas Energy and Copper Canyon residents Roy and Annell Bradford also contributed. Any town resident or business is most welcome to contribute to the Scholarship Fund in any amount! (The donation is income tax deductible to the contributor.) By State law, the Town cannot contribute funds.(4) “Clean Audit” presented to Council at April Meeting: Auditor Bill Spore anticipates another “clean audit” to be presented to Council at the April Meeting. Auditor Spore is still trying to determine the exact amount of funds “underspent” from last year’s budget. The Council usually rolls over any underspent funds into the Town’s Road Fund. The Auditor determines in which fiscal year expenses that occur in one fiscal year, but are actually paid or partially paid in the next fiscal year, should be assigned. This determines the exact rollover amount of underspent funds. (This is “standard operating procedure” for auditors.)(5) May 9th Election: All Municipal Elections and Lewisville ISD and Denton ISD School Board Elections will occur on Saturday, May 9, 2015. Check the Town web site for early voting dates.V.MAYOR AND COUNCIL REPORTS ON ITEMS OF INTEREST IN THE COMMUNITY (Pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holidayJoint Council and P&Z Minutes, 3-9-2015: p. 4 of 16 schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.)No reports were given.VI.CONSENT AGENDAItems on the Consent Agenda are routine and administrative in nature. As such, these items are considered for approval by a single motion and vote without discussion. Council Members can remove an item or items from the agenda so it can be considered separately and/or add any item to be considered as part of the Consent Agenda.1. Approve the January, 2015 Financials 2. Approve the February, 2015 Financials 3. Ratify bills paid in February, 2015 4. Approve bills to be paid in March, 2015 5. Approve updated Budget Pro Forma through February, 2015 6. Approve January 26, 2015 Minutes of Council Meeting (Joint meeting with P&Z) 7. Approve February 24, 2015 Minutes of Council MeetingUpon consideration of the items, a motion was made by Mayor Pro Tem Mangum to approve Consent Item #1-#7. Council Member Nicholas seconded the motion.Ayes: Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill and Council Members Cannaday, Nicholas and Peterson Nays: NoneMayor Sue Tejml announced that the motion carried unanimously.VII.STAFF REPORTSDenton County Sheriff Office Report - A copy of the written report is filed with the minutes. Fire Chief Report- A copy of the written report is filed with the minutes. Town Administrator Report - A copy of the written report is filed with the minutes.VIII.PLANNING & ZONING COMMISSION – CALL TO ORDERJoint Council and P&Z Minutes, 3-9-2015: p. 5 of 16 Chairman Aune called the meeting of the Copper Canyon Planning and Zoning Commission to order at 7:37 p.m. on the 9th day of March, 2015 in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, 75077.Commissioners and Alternates Present (all sitting at the dais) Janet Aune Chairman John Brothers Commissioner Michael Cannaday Commissioner Tom Reed Commissioner Louise Williams First Alternate Cesar Castaneda Alternate Kaki Lybbert AlternateCommissioner Andre Nicholas and Alternate Brad Kokoron were absent due to their business schedules.IX.PLANNING & ZONING COMMISSION – CONSENT1. Approve January 26, 2015 Minutes of Council Meeting (Joint meeting with Council) (for backup see above - ‘VIII – Consent’ )Upon consideration of the item, a motion was made by Alternate Lybbert to approve Consent Item #1.Commissioner Reed seconded the motion.Ayes: Chairman Aune and Commissioners Brothers, Cannaday, and Reed – and Alternates Castaneda, Lybbert, and Williams Nays: NoneChairman Aune announced that the motion carried unanimously.X.PUBLIC INPUTCitizens can make comments to the Town Council during this section of the meeting agenda. We ask citizens who wish to speak on agenda items to sign in on the sheet provided on the table at the back of the Council Chambers. There is a 3 minute time limit for each citizen who wishes to make a presentation. Pursuant to State Open Meetings law, the Town Council cannot discuss or take action on items not posted on the Agenda. Therefore, the Council cannot take action on or discuss any issues or items brought up during public input.Joint Council and P&Z Minutes, 3-9-2015: p. 6 of 16 The following people spoke as follows:Art McNeese, Senior Minister for Bridgeway Church (8201 Justin Road, Copper Canyon) spoke in favor of the age-restricted development proposed by John Delin. He stated that in reference to John Delin and the proposed age-restricted development immediately to the west of their church, they have had great conversations with John Delin over the last several months. They believe the development will be a ‘win-win-win’ situation for the city, for the developer and for his church community. Their hope is that eventually they will get a traffic light at Jernigan, but in the interim he believes that the agreement they have with John Delin, would benefit both the city and the church in terms of ingress and egress. Currently the church has traffic issues with their entrance and exit and their hope is that with the plan they have discussed with John Delin, they would be able to increase traffic safety. He and his Bridgeway Community endorse what John Delin is proposing as a development.Vicki Dennis (3725 Appalachian Way, Flower Mound) spoke as a prospective home buyer in the age-restricted community proposed by John Delin and spoke in favor of the development. She and her husband have lived in the Flower Mound area for the past fifteen years and have raised a son who graduated high school there. They appreciate the small town feel here in Copper Canyon. They are long time ‘horse people’ who have raised, bred and boarded horses here in the past. She and her husband work in Dallas and so if they wanted to live in a community that was fast paced and full of congestion and activity, they could, however, they choose not to. At this point in their lives they prefer not to have a big yard and they would like to find a living situation relatively maintenance free and live in an area with folks their age, that’s not in the middle of Dallas. She encouraged the Town of Copper Canyon to allow this development. James Works (1790 Hilton Head, Frisco), a financial partner with the Delin Brothers, spoke in favor of the age-restricted community proposed by John Delin. He and another financial partner, along with the Delin Brothers, are the personal guarantors of any bank loans related to the project. Therefore, they take the project very, very seriously since their personal finances are at stake. They have done a lot of strategic analysis. He emphasized three points relating to the development’s demographics: 1. Is this development a good fit for the citizens of Copper Canyon? He answered Yes, especially since overall the population is aging. As a bench mark, 36% of the DFW population is 55 or older. In Keller’s age-restricted community, it’s only 31%, but yet the community was sold out in less than 3 years. In the 5 mile ring around Copper Canyon, 39% of the population is 55 or older, and the percentage inside the Town of Copper Canyon is 49%. 52% of the population in Double Oak is 55 or older. [NOTE: No reference provided as a basis for the previous statistics.] So, the development is for fullyJoint Council and P&Z Minutes, 3-9-2015: p. 7 of 16 half of the community. Yes, some folks in Copper Canyon want to stay on acreage, but yet when people see this community, they may change their minds. 2. Is this development a good business idea for the Town of Copper Canyon? He answered, yes, based on their conservative calculations; the development would bring in an additional $171,000 of tax revenue per year, which is a 42% increase of what is currently collected. [No details provided as basis for this estimate of increased tax revenue.] 3. Is this development good as it relates to the human side? He answered yes, since loneliness is a problem in the aging community and with the proposed community, the residents would have people who they can share their lives with. Phil Atlas (287 Tulip Way, Keller), a resident of the age-restrictive Keller community (Villas of Stone Glen), spoke in favor of the proposed development. He lived for thirty years in Keller on a couple acres (and had a John Deere tractor), yet moving to the age-restricted community was one of the best decisions he ever made. The community is filled with friendly people. He’s made more close friends in the last 18 months since he’s lived in the community as compared to the prior thirty years of living in Keller on two acres. This type of community is a ‘win, win’ situation since there is a lot of tax revenue coming into the Town and little impact on roads and schools. There is more money coming in than money going out. It is a good fit for Keller and it could also be for Copper Canyon. Mike Hoover (317 Menton Lane, Keller), a resident of the age-restrictive Keller community (Villas of Stone Glen), spoke in favor of the proposed development. He moved to Texas 25 years ago because his company transferred him. At that time he had a big house in Colleyville. After the kids were grown and gone, his wife wanted to downsize and so they chose to move to the Villas of Stone Glen in Keller. He and his wife especially liked the community since they were able to choose how to build their house. They were given flexibility in the building process to fit their wants and needs. The houses are not all the same. They enjoy the activity center where the community can meet. Within the community he belongs to the Odd Job Legion which helps and volunteers in the community. They also appreciate the security of the community. He also likes that they are living in a place where the value of their property is going up as the years go on. He encouraged the Council and P&Z to look at the property.Bobby Dollak (111 Hillside Dr. Lewisville) with G&A Consultants spoke in favor of the proposed development. He handed out to the Council and P&Z members the Ladera development packet as well as the development packet for another age-restricted community that is under construction in Flower Mound (near Dixon and Chinn Chapel). In comparing the two projects, one major difference is that the Flower Mound development has 5,000 square foot lots and the Ladera development is more of a ‘condo’ type product in that each homeowner owns 162% of the common ground. He feels that the Ladera project is better and more unique.Joint Council and P&Z Minutes, 3-9-2015: p. 8 of 16 He reminded the Council and P&Z that the Town Center sewer capacity is limited to 400,000 gallons per day. The Ladera product is unique in that it only has an average of two people per household, which is only about 62% of what a normal house would be. If the sewer was allocated equally among the entire Town Center, this development would actually only use 75% of their allotment, which would allow more sewer for another development in the Town Center. John Delin (2565 Strader, Justin) with Integrity Group (developer of the age-restricted community, Ladera) spoke in favor of the development. He referenced two display boards which he brought to the meeting (attached to minutes). He explained that his group has already been part way through the process of approving his development. They met with the Town’s DRC (Development Review Committee) and have complied with the DRC requests (such as street width). They are ready to present the development to the P&Z. He explained further that what sets them apart from traditional builders is that he is not a single family home builder but an active adult community developer, one who understands the marketplace and what the market looks for. In looking at the Flower Mound age restricted community, there are houses backed up to one another with very little green space, and what green space is available, is basically a big lake. Ladera’s green space consists of parks and lakes. Residents can walk out of their gates directly into the parks where they are able to meet and engage with the rest of the community. This sense of community and belonging sustains longevity of life and is good for the residents. Over 70% of the Keller’s age restricted development residents left their three-car-garage homes to move to an age restricted development. They were looking for a sense of community. The community’s newsletter is packed full of community events and stories. John Delin thanked the Council and P&Z for their time and he stated that his group looks forward to continuing the process with the Town by going to the P&Z and Council.Moore Matthews (850 E State Hwy 114, Southlake) with KW Commercial, representing Luane Williams who owns the property on the north side of FM 407 which is under contract with John Sullivan, wanted to at least express the history of their effort in marketing her property over the last two years. The property was at first marketed as commercial, yet hundreds of commercial developers weren’t interested, so they shifted gears to promote the residential aspect of the property, which they felt was going to happen and at the time, the Town was supportive. They wanted to bring a product that the Town could be proud of. When their plan was put together they looked for four primary things: 1) the deal needed to be fair, 2) the potential developer had to have the financial strength to finish the project, 3) the buyer had to have the willingness and strength to bring sewer lines north and pay for that, and 4) the product must be something the Town could embrace. They’ve done this, and they were very optimistic that this would work, however, now with the last few Town meetings, they’ve clearly heard Council and adjoining land owners complaints and so they have taken a step back and theJoint Council and P&Z Minutes, 3-9-2015: p. 9 of 16 developer has offered minimum 1/3 acres lots along the perimeter, particularly on the east side of property, as long as they can get some density toward the core and the adjacent commercial property. So they are asking for two things: 1) with respect to John Sullivan’s development, allow flexibility for 1/3 acre lots on the east side as long as they can get some density toward the core [1/4 acre lots?], and 2) expedite the process of getting an ordinance on the board before the developer loses interest. In the end the development will bring in smaller houses in the $600,000 - $700,000 range and the larger lots along the perimeter in the $700,000 - $900,000 range.Kent Vickery (Palo Alto, CA) read a letter to the Council and P&Z from the Vickery Family (attached to the minutes). Bud Henry (761 Lonesome Dove Ln) spoke against the proposed development. He stated that he has lived in Copper Canyon for 36 years and he feels Copper Canyon is a great community made up of one acre lots. He encouraged the Council and P&Z to consider the plan put together 10 years ago. He is against putting in 437 homes on 116 acres. He wants Copper Canyon to continue to be rural and open and he would like to see one acre lots since that is more the attitude and feelings of the residents of Copper Canyon. From a real estate standpoint, the real estate in Argyle, Double Oak and Copper Canyon are one of the finest places to raise families as compared to Dallas and other areas with high density. He does not want to see high density in Copper Canyon.Mayor Tejml closed the public input at 8:12 p.m.XI.TOWN COUNCIL AND PLANNING & ZONING COMMISSION - WORKSHOP/DISCUSSION ITEMS The Town Council and Planning and Zoning Commission shall receive a presentation by consultant Greg Last, EDT Best Practices, LLC, regarding existing and proposed land uses and discussion of development issues in the Town Center, including but not limited to possible revisions to, or adoption of, ordinances relative to the Town’s Master Plan and all matters incident and related thereto. The Town Council and Planning and Zoning Commission shall discuss and consider the consultant presentation, and provide direction regarding the foregoing. No action will be taken by either the Town Council or the Planning and Zoning Commission. Mayor Tejml asked Greg Last to answer any questions that the Council and/or P&Z may have.Joint Council and P&Z Minutes, 3-9-2015: p. 10 of 16 Greg Last referenced the comprehensive plan/future land use plan in the meeting packet. He clarified the difference between a Comprehensive Plan/Land Use Plan and a Zoning Ordinance. By design, the Comprehensive Plan/Future Land Use Plan does not have a lot of detail (i.e., setbacks, color and/or height of the building, etc.). Those type details can be added to the zoning ordinance at a later time.P&Z Chairman Aune asked what percentage is green space as presented in the comprehensive plan. Greg Last explained that the amount is not defined at this level. The percentage would be set in a planned development (PD) agreement and presented to the P&Z and Council for their review. He also clarified that the Comprehensive Plan submitted does not address the proposed age restricted development.Greg Last discussed the roads shown in the comprehensive plan. Since the Town had expressed a town center of sorts at some point, the larger road was added and is intended to bring people to a central location (thereby promoting what is included in the Town Center). The road presented is not a monster road but just a collector type road (37’ of pavement width inside the curbs.)The other roads on the plan are included as a framework for future developers; they are not set in stone. The roads are there to circulate traffic. It is important to have a secondary access to FM 407. The developers are responsible for paying for the roads. If the Town chooses to allow fully gated developments then the collector road would not be needed and the Town would not have a Town Center. Deputy Mayor Pro Tem Hill suggested a change to the map at the southeast corner on the northern part of FM 407 so that the blue area is changed to pink (Estate Transition), which would then provide a buffer between the Town Center and the Estates of Copper Canyon. Further discussion continued regarding the additional 19 acres that are directly north of the Town Center. This land has not been included in the Town Center since it has not been formally added by ordinance and therefore this land is not included in the Comprehensive Plan under review. Based on the agreement with Flower Mound, waste water can only be used for properties within the Town Center. Mayor Tejml noted that this land could be added to the current Town Center if the Town wanted it and if there was enough waste water available to the rest of the Town Center, along with the cooperation of the land owners.Council Member Cannaday and Peterson, along with Mayor Tejml and Greg Last discussed the ‘pink’ designations on the Comprehensive Plan/map. Greg Last stated the depth of the ‘pink’ area on the south side is approximately 180’-200’. The Council Members suggested that the pink area along the west side of the Estates of Copper Canyon should be designated as ¾ of an acre or larger and the pink area along the Double Oak side should be designated as ½ of an acre or larger. Greg Last stated that lot widths and specific square footage for each lot would not be detailed in the Comp Plan since that detail is discussed when the P&Z Commission and Council considers the zoning for the land. He also noted that the lots could be long narrow lotsJoint Council and P&Z Minutes, 3-9-2015: p. 11 of 16 or wide shallow lots. The Comp Plan is more of a macro view of the potential development as compared to the zoning phase which includes much more detail. Greg Last also noted that there is a natural buffer along the western side of the southern property, which consists of a heavily treed roadway, with no access between the towns of Copper Canyon and Double Oak and therefore it is not designated as ‘pink’ (transition area) on the Comp Plan. Town Attorney Welch suggested that the two differing buffers (as mentioned earlier) be designated on the comp plan with different colors. The Council and Commission discussed the western portion of the northern portion of the Town Center as follows. Mayor Pro Tem Mangum reminded both groups that the south western most corner of the northern property of the Town Center does not touch Copper Canyon Road and that there is a 15-20 foot drop in elevation at that location. Commissioner Castaneda asked if there was any opportunity to develop a restaurant on the far westerly portion on the north side of the Town Center. Greg Last stated that the terrain and lack of traffic would prevent a restaurant from being developed that far west. He stated that it is important to centralize the Town Center commercial development (nonresidential uses) in the ‘green’ center portion of the comp plan. Council Members discussed ‘medium density’ as noted on the Comp Plan. Mayor Pro Tem Mangum and Council Member Cannaday suggested that ‘medium density’ would be defined as two to three houses per acre. Commissioner Brothers spoke against the high density, especially since many residents have communicated their disapproval (80% of the Estates of Copper Canyon residents all spoke in opposition as well as others in the Town). Commissioner Castaneda asked whether or not the developer would have enough revenue to complete the infrastructure if the lots were set a min one acre. Greg Last stated that at the current price of the land, the developer would not have enough revenue. He also mentioned that from a planner’s perspective; if the Town decides to allow minimum one acre lots on the entire property, he would then suggest that the Town give up on the Town Center idea since there wouldn’t be enough people, activity and things going on to support the commercial area (office, restaurant and common area). The Town would then have to settle for office type development along FM 407.Mayor Tejml asked Commissioner Cannaday, as a residential developer who has built homes on one acre residential lots; whether or not he sees a market for one acre homes in the Town Center area. Commissioner Cannaday mentioned that if the lots were one acre he wouldn’t need the sewer line and then the sewer line that the Town had installed would not be used. Council Member Cannaday stated that the Town Center property is unique in that it’s on a highway - FM 407, and there is access to sewer so having a higher density than one acre should be considered. She suggested ½ of an acre to 1/3 of an acre to ¾ of an acre nice estate lots be considered. They would bring in a high dollar tax basis that could help offset some of the costs that have been incurred to pay for the Town’s roads. Before the Town thought that commercial would come to Copper Canyon, however, now after seeing Greg Last’s report, commercial is not an option. The Town’s challenge is to figure out a happy medium on how to obtain a good taxJoint Council and P&Z Minutes, 3-9-2015: p. 12 of 16 basis while preserving what Copper Canyon is about. She said that one acre lots would not be a solution for this challenge.Dave Svatik (625 Estates Drive) asked Council Member Cannaday if in her opinion is there a market for one acre lots along FM407 at a price point of $700,000-800,000. She said that scenario definitely diminishes the population of those who are willing to pay that much, especially since the people would have to live along FM 407. That being said, she suggested that the Town needs higher density, and therefore a mix of uses, along FM 407. To allow one and five acre lots would not utilize the opportunity that this land has with location on the highway and available sewer. It appears that commercial development isn’t going to help the Town alleviate some of the tax burden, so it would really help to have nice properties that complement the Town.Deputy Mayor Pro Tem Hill stated that from a practical standpoint and financial models done ten years ago, the Town would need some commercial to sustain the lifestyle the residents currently enjoy Otherwise, in the years to come, taxes will have to be increased. If the Town allows only one acre lots, this decision would be a departure from what the Town planned for ten years ago. He further stated that it’s important for the Town to find a way to try and keep the rural feel with higher density and that ‘mixed use’ will be needed. He understands the concerns of the Estates of Copper Canyon residents and so he suggested less dense housing on the outside of Town Center yet allow higher density housing moving into the center of Town Center. Commissioner Cannaday stated that as a resident and also as a builder, he would rather see quarter acre lots on half acre zoning with more green space as a buffer rather than rows and rows of houses, as in Lantana. He noted that John Delin’s plans include a lot of green space. Greg Last stated that there is language in the Comp Plan that allows for this type of housing, which is referred to as ‘clustered housing’. He also explained that in order to allow clustered housing, he did not include a particular lot size in the comp plan. This allows more flexibility to the developer.Chairman Aune agreed with Commissioner Cannaday. She also stated that she is in favor of age restricted communities within Town Center since that type of community appeals to a large population; those who prefer smaller lots with smaller yards and those that seek various opportunities provided by the age restricted communities. Greg Last noted that the Comp Plan allows these types of communities anywhere in Town Center with the exception of the Estate’s transition area. He further explained that further details regarding the lot size would be discussed with the developer when reviewing the development plan.Mike Cucco, as a developer for proposed projects on both the north and south sides, said that he liked what he was hearing the Council and Commission discuss; a planned community with a concentrated open space and design that preserves the type of open space and environment with large lot impact. This is something that he as a developer would try and focus on and deliver to the Town. On the other hand, he cautioned the Council and Commission about taking large lotsJoint Council and P&Z Minutes, 3-9-2015: p. 13 of 16 and putting them on the southern boundary without the right combination of mixed use. If there is too much divergence in a price range for the lots on the south side, no one would ever buy lots on the south west side of Town Center. Therefore it’s important to preserve a lot of the open space and make it a park and then spin off that area, using some of the land’s natural buffers and attractions. Council Members and Commissioners discussed the brownstones and townhomes as noted on the Comp Plan and decided they did not want them included in the plan. Greg Last suggested changing the definition of High Density on the Comp Plan to exclude brownstones and town homes.Council Members and Commissioners discussed ‘villas’ as mentioned in the comp plan. They said they wanted the villas to be removed from the ‘maroon’ area of the comp plan but kept as an option in the ‘green box’ (‘mixed use’) as noted on the comp plan. The zero lot line villas were described as mini mansions which cost $600,000-$900,000. Greg Last stated that he could see a development such as the ‘Villas of Copper Canyon’ which could ‘knock the socks off’ in this region. Council Member Cannaday suggested that the high density area be capped at four per acre. Council Member Peterson suggested that the ‘villas’ be deleted on the south side and that medium density should be extended to FM 407, leaving two to three lots per acre for the south side. Greg Last suggested not running ‘medium density’ up to FM 407. James Works (1790 Hilton Head, Frisco), a financial partner with the Delin Brothers, explained that the Keller age restricted residential community immediately attracted commercial development in areas that were not previously developed. Greg Last agreed that residential development will attract commercial development but if the Town allows a string of commercial along FM 407, the Town would not get a Town Square. Greg Last noted that the Town is in a better position for development as compared to a year ago since the construction on FM 407 is complete and the sewer line is complete as well. Commissioner Castaneda expressed the following. The character of the Town is the large lots. Large pieces of common space can transition the large lot areas into the higher density neighborhoods. He spoke against the brownstones and townhomes. Council Member Peterson agreed and also said that by allowing large areas of common spaces, there would be more flexibility to the developers, which would help save trees. Commissioner Brothers spoke as follows. With looking to the future and our responsibility to the Town’s residents, the Council and P&Z have a responsibility of keeping what the residents enjoy here and also, as Deputy Mayor Pro Tem Hill stated, we have a fiscal responsibility to address. He stated that he wants to keep the feel of the Town.Mayor Pro Tem Mangum stated the surveys that were received when working on the original master plan over ten years ago, no one wanted smaller lots except for the area in Town Center so that future taxes would be kept low. The market has changed in the last ten plus years and theJoint Council and P&Z Minutes, 3-9-2015: p. 14 of 16 Town has received a more expert opinion that understands development, which brings the Town back to reality. So balancing the future financial responsibility of repairing and maintaining the Town’s roads as much as trying to keep the Town rural, needs to be addressed.Greg Last asked for clarification regarding the Council’s suggestions. Council Member Cannaday summarized their suggestions as follows: Allow villas in the ‘green box area’ only; and ‘brown’ area would be greater than three lots per acre and not open to commercial so that Town Center would have potential to develop. Town Attorney Welch asked whether or not there would be a limit/cap on the lots per acre. Greg Last recommended that the cap be determined in the zoning portion of the process. Town Attorney Welch noted that the Town’s current Planned Development (PD) ordinance requires a mixture of uses so a straight residential product would not be a PD unless the Town changes the PD ordinance. Establishing the max per acre can be deferred to when the Town addresses the PD and/or Zoning Ordinance. Council Members discussed the density issues as follows. Max density was suggested to be no more than three per acre, with the exception of the age restricted community and Town Center area. They agreed that it was important to buffer the Town from the higher density areas. They also agreed to remove the ‘brown’ from the comp plan and increase the ‘orange’. Council Member Cannaday clarified ‘senior living ’products could be higher in density anywhere in the Town Center area except in the Estate Transition area.Kent Vickery stated that in reference to the Estate lots; it will be very difficult to put half acre lots next to the southern boundary in the Town relative to Double Oak and then have up to three per acre directly across the street. Mike Cucco spoke and said that a realtor will look at the value of the house and then look at comps in the surrounding areas. They will find significant less value for lots on southern boundary. He did note that the issue of density is not a big issue relative to the age restricted community, since that community is a unique project. He did suggest for regular residential products that the Town consider adding a building set back line of 70’-80’ for properties backing up to Double Oak. That might be more acceptable. Greg Last agreed with that suggestion.Mike Cucco stated that for the property on the north side (purple area), he sees a real opportunity to develop half acre lots and then move to third acre lots, thereby listening to the Estates of Copper Canyon residents. He suggested this for just the north side.Council Member Peterson left briefly at 9:42 and returned at 9:45.Greg Last clarified that the pink area on the south side would be deleted. Council Member Cannaday summarized that the entire south side would be ‘orange’ on the comp plan, which would be two to three homes per acre except for the little blue area that would be designated ‘office/garden’ offices and Greg Last was to add a note that along the estate lots in Double Oak that there would have to be special consideration for setbacks as a transition. Town Attorney Welch clarified that the transition language would not be needed for the west side on the southJoint Council and P&Z Minutes, 3-9-2015: p. 15 of 16 side since there is a natural buffer already there. Greg Last clarified that the lots next to the Estates of Copper Canyon would be set at a minimum of ¾ an acre. Council Member Cannaday clarified that the north side would be all ‘orange’ and no high density with the exception of the villas in the Town Center area.Dave Svatik asked whether the proposed age restricted community is more of an age restricted area or a residential area? He noted that this type of community is something unique that this area does not have and so this could be a big attraction for Copper Canyon. He questions if people would put up with the smaller lot sizes. Council Member Cannaday noted that this type of community would be an exception and would come to the Town as a PD. The Comp Plan allows the development to go anywhere in the Town Center area except in the estate transition area on the north side and if in the estate transition area on the south side, they would have to respect setbacks. Density, green space and number of homes per acre would be determined on an individual basis by the P&Z and Council. Mayor Pro Tem Mangum stated that the comp plan allows for this type of development, however, the Town’s current ordinances do not address age restricted communities. Mayor Tejml noted that there is another age restricted community in Flower Mound (The Legends) along Chinn Chapel Rd, south of FM 407. Council Member Cannaday stated that John Delin’s proposed development, Ladera, is a different type of community as compared to The Legends. In The Legends, the lots and houses are owned individually, whereas in Ladera, the community is more of a full care area where the exteriors such as yards and house maintenance are taken care of by management rather than each property owner. Jennifer Horn asked if the Town’s zoning is changed to allow high density, what is the guarantee that his big field would not be developed. Mayor Pro Tem Mangum stated that that area does not have sewer so it could not be developed. In addition, per the agreement with the Town of Flower Mound, sewer is only available to properties within the Town Center (400,000 gallons/day). Steve Horn mentioned that he’d be willing to pay more in taxes to preserve the feel of the Town. Deputy Mayor Pro Tem Hill noted that the Council and P&Z have a balancing act to address; how to keep the rural feel of the Town and at the same time be financially responsible considering future costs of maintaining/reconstructing the Town’s roads. When the first master plan was addressed, commercial was planned for to provide funds for future road maintenance and reconstruction however based on further research this will not happen so it is necessary to address the financial needs in a different way, possibly with a little higher density than the rest of the Town.Town Attorney Welch stated that based on the discussions this evening, he would bring a revised comp plan to the next meeting.Joint Council and P&Z Minutes, 3-9-2015: p. 16 of 16 Council suggested that the P&Z meet without the Council on March 23, 2015 to discuss the comp plan in more detail. XII.PLANNING & ZONING COMMISSION – ADJOURNCommissioner Williams made a motion to adjourn.Alternate Lybbert seconded the motion.Ayes: Chairman Aune and Commissioners Brothers, Cannaday, and Reed – and Alternates Castaneda, Lybbert, and Williams consented. Nays: NoneThe P&Z portion of the Joint meeting adjourned at 10:00 p.m.XIII.TOWN COUNCIL - ADJOURNMayor Pro Tem Mangum moved to adjourn the meeting.Deputy Mayor Pro Tem Hill seconded the motion.Ayes: Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill, Council Members Cannaday, Nicholas and Peterson Nays: NoneMeeting adjourned at 10:01 p.m.APPROVED BY THE TOWN COUNCIL THIS ______DAY OF ______, 2015______Sue Tejml, Mayor______Sheila B. Morales Town Secretary Town of Copper CanyonJoint Council and P&Z Minutes, 3-9-2015: p. 17 of 16 APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE _____ DAY OF ______, 2015.APPROVED:______Janet Aune Chairman Planning & Zoning CommissionATTEST:______Sheila B. Morales Town Secretary Town of Copper CanyonJoint Council and P&Z Minutes, 3-9-2015: p. 18 of 16

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