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Minutes P&Z 09/04/2008 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION SEPTEMBER 4, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on September 4, 2008, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Sheridan Absent Commissioner Forest Present Commissioner Ashby Present Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until appointments/reappointments by Town Council effective October 2008. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Pete & Judy Ehrenberg Future Owners Property – Item C.1 Tommy Ehrenberg Bob Lopez Engineer, BHB Engineering & Surveying A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:02 p.m. with a quorum present. B.1 REVIEW AND APPROVE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Ashby motioned to approve the minutes of the August 21, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Forest, Ashby Nays: None Action: 5-0, Approved Planning & Zoning Commission Page1 of 5 September 4, 2008 Minutes C.1 PUBLIC HEARING, DISCUSSION AND RECOMMENDATION OF A REQUEST FROM CENTURION ACQUISITIONS, L.P. TO APPROVE A ZONING CHANGE FROM “CR” COMMERCIAL RECREATION TO “CG” COMMERCIAL GENERAL (LOCATED ON TROPHY CLUB DRIVE ADJACENT TO THE COUNTRY CLUB TENNIS COURTS), 6.568 ACRES (ZCA-08-014). Chairman Hill opened the public hearing. Robert Lopez, BHB Engineering & Surveying, came forward as a representative for his clients, Premier Academy, and stated that he is available to answer any questions regarding this zoning change request. There were no others wishing to speak and the Chairman closed the public hearing and asked Ms. Huggins for a staff report. Ms. Huggins stated that this is a request for a rezoning from “CR” Commercial Recreation to “CG” Commercial General on property located on Trophy Club Drive close to the intersection of Trophy Lake and Trophy Club, east of the existing Country Club tennis courts and west of R-10 residential district zoning. Ms. Huggins stated that the applicant is proposing five buildings on this site, all one story in height. One will house a day care and the other four buildings will be a combination of retail/office. They must be one story in height if they are platted adjacent to residential.This will be addressed at the platting and site plan stage. Ms. Huggins stated that this is a 6.568 acre plot of land. It is currently vacant. There has been some grading work completed on it; half of the property is in floodplain. The Comprehensive Land Use Plan calls for low density residential for this property, so this does not follow the Comp Plan, but staff feels it is an excellent use for this property as commercial property is needed in the Town. The location of this property, and with what the applicant is proposing – placing the buildings on the west side of this site away from the residential – staff feels this is a good, practical application for this land. Ms. Huggins explained that the commercial general uses are listed in the Town’s Use Tables in the Code of Ordinances. Each Planning and Zoning Commissioner received a copy of the use tables and the uses allowed in Commercial General. Any use not expressly permitted is prohibited. The uses for Commercial General are, in general, retail and office uses. There are some uses that would be allowed in CG, but require a conditional or special use permit. Those would have to come back before the Planning and Zoning Commission and Town Council in order to be allowed; for instance, a restaurant with alcohol beverage sales, or a store selling beer or wine. Ms. Huggins stated that hours of operation for Commercial General property are 6:00 a.m. to 11:00 p.m. and delivery and service calls are limited to 8:00 a.m. to 5:00 p.m. No outside sales of any kind can be conducted – such as tent sales, pedestrian walkway sales, or truck lot sales. A buffer is required on the east side of the property adjacent to residential and the applicant has indicated that they will abide by that 40-ft. requirement as well as place parking only on the east side of the property, moving the buildings to the west side of the lot. Planning & Zoning Commission Page2 of 5 September 4, 2008 Minutes Ms. Huggins stated that Staff has determined that some improvement will be needed at the ingress/egress directly across from Trophy Lake Drive. The entrance to this property must line up with Trophy Lake Drive and a median probably will need to be added to this property at the ingress/egress. There also may be a requirement for a traffic impact analysis report, which will be determined by the Town Engineer at site plan stage of this project, as this is an intersection that the Town has identified as a major intersection that will be impacted by the Highlands development, so as this project moves forward Staff will keep in mind that this is a critical intersection and there may be a need for additional information on the traffic impact. Staff believes that the permitted uses in Commercial General would be appropriate for this property. It would provide services to current and future residents of Trophy Club. The amount of vacant commercial land is limited in Trophy Club and an additional 6.5 acres of commercial land would provide revenue for the Town. This property is centrally located in Trophy Club and is surrounded on three sides by uses that are compatible with commercial zoning. The adjacent residential use is on the east side of the property and the applicant has proposed a 40-ft. side yard buffer and greenscape and parking on the east side of the property, placing the day care/retail/office buildings to the west – farthest away from existing residential. Staff believes that this proposed development would not adversely affect health, safety, morals, or general welfare of the Town of Trophy Club residents, but would benefit the residents. Staff recommends approval. Chairman Hill stated to Mr. Lopez that the Commission is considering only the zoning of this project at this time, but he foresees site plan issues, specifically the ingress/egress that lines up with Trophy Lake Drive. In a traffic impact study that was done for the Highlands project, the intersection of Trophy Lake and Trophy Club was identified as a possible location for a traffic signal so the alignment at that intersection will be important. Mr. Hill also stated that they should be sure that the illumination in the parking area will not impact the residential area. Mr. Lopez responded that the parking will be 105-ft. away from the residential area. Mr. Hill further advised that they should specify what type of landscaping will be used to provide buffer to the residences and whether or not it will impact the floodplain. Mr. Lopez stated that it is their intent to have zero negative impact in the floodplain. Chairman Hill also asked that they clearly identify the floodplain limits and controls to protect the buildings. Vice Chairman Stephens asked that it be clearly stated on the applicant’s materials that the buildings are limited to one story in height.He stated that he has concerns about the intersection of Trophy Lake and Trophy Club Drives. He stated that when this was discussed during the Highlands development there was discussion regarding realignment of this intersection. The current alignment should be easy for this applicant, but going forward and down the road that might not work so well. Chairman Hill suggested that this applicant look at the TIA done for the Highlands. Mr. Lopez stated that if there are conceptual plans for the realignment that could be made available to them, they could work with staff on this. Planning & Zoning Commission Page3 of 5 September 4, 2008 Minutes Vice Chairman Stephens stated that other than the intersection concern, he concurs with Staff’s assessment. He thinks this will be a great addition to some taxable property for this community. He stated that the Town needs monies for the services that the City provides and he believes this is a perfect location because it is adjacent to a current retail project and it is ideally suited for the uses that the applicant is requesting. Commissioner Reed stated that he has nothing further than what has already been stated. Commissioner Ashby stated that he concurs with the other Commissioners, but it is his understanding, from the past history on the realignment, that turn lanes and a signal will be added. He stated that he would like to see the applicant’s design incorporate turn lanes so that it mirrors what will be across the street. Commissioner Ashby asked if there will be an exterior playground for the day care. Mr. Lopez stated that there will be an exterior playground and it will be shown on the site plan. Mr. Ashby asked if a floodplain study has been performed and will this Commission be provided with a floodplain study on the impact of this development adjacent to the existing creek that is prone to flooding. Mr. Lopez stated that a floodplain study has been done. The study does not show this site as commercial, however, the time of peak flow of the creek and the time of concentration of the commercial site will be far apart. Mr. Ashby stated that he has lived here 13 years and seen this creek overflow drastically three times, the worst being last year. Mr. Ashby stated that his measurements confirm what Mr. Lopez said earlier in that there will be 105-ft. from the buffer to the beginning of paving. What will be placed in that roughly 145-ft. green space and how is that impacting the creek itself and the flowability of the creek? Mr. Lopez responded that it is already part of the creek and they (the applicant) will ensure that the parking area within the floodplain will not negatively impact the creek. Mr. Ashby asked if they will provide an impact study. Mr. Lopez responded that he cannot answer that at this time. Mr. Ashby asked that they provide a little bit denser landscaping toward the residential side of the property. Ms. Huggins stated that the current owner of the property has submitted a CLOMR (conditional letter of map revision) to FEMA for this property, which will be followed by a LOMR (letter of map revision) once the grading and improvements to this property have been completed. Commissioner Forest did not have any questions. Vice Chairman Stephens asked that when they come forward with a site plan that the applicant provide more detail on the exhibit. He would like the bridge and the west bank of the creek shown on the exhibit. He also noted that the property located at the corner of Trophy Lake and Trophy Club Drives is listed as residentially zoned property. He questioned if that was the correct zoning as a church is on that property. Ms. Huggins explained that churches are Planning & Zoning Commission Page4 of 5 September 4, 2008 Minutes allowed in any zoning district in Trophy Club either by right or through a conditional use permit and the underlying zoning of that property is residential. Commissioner Ashby noted that “tanning salon” is repeated under “Professional” and “Retail”. Ms. Huggins explained that it is allowed under both of those categories. If a piece of property allowed only “professional” uses or only “retail” uses, a tanning salon would be allowed in either of those properties. Mr. Ashby asked that a grocery store not be allowed for this project; that it be removed from the use list. Ms. Huggins explained that in a straight zoning request the uses cannot be changed by this Commission. Mr. Lopez added that a grocery store is not the clientele that his client is looking for. Vice Chairman Stephens made a motion to recommend to the Town Council approval of the zoning change from “CR” Commercial Recreation to “CG” Commercial General for this property. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: None Action: 5-0, Approved D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:29 p.m. Planning & Zoning Commission Page5 of 5 September 4, 2008 Minutes