Agenda Packet P&Z 07/18/2013Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMThursday, July 18, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
1.2013-367-T Review and approve the minutes of the May 6, 2013, Planning and Zoning
Commission Meeting.
MeetingMinutes 050613.pdfAttachments:
2.2013-375-T Review and approve the minutes of the June 20, 2013, Planning and
Zoning Commission Meeting.
MeetingMinutes 062013.pdfAttachments:
REGULAR SESSION
3.2013-420-T Discussion and Recommendation regarding a request for approval of a Final
Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at Trophy
Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc.
on behalf of Standard Pacific of Texas, Inc.
Staff Report - PZ 071813 -Veranda Ave Short Form Plat.pdf
Application.pdf
Attachments:
PUBLIC HEARING
4.2013-422-T Public Hearing regarding a request for a zoning change from “CG” Commercial
General to “PD" Planned Development No. 34 (PD-34), Trophy Wood
Commercial Center, for a hotel, restaurants and retail uses. Applicant: Travis
Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd.
Staff Report - PZ 071813 -PD-34.pdf
PD-34 Zoning Document.pdf
Application.pdf
Public Hearing Notice 07-03-2013.pdf
Property Owner Notification - Packet.pdf
List of Property Owners.pdf
Attachments:
Planning and Zoning Commission Page 1 of 93 Meeting Date: July 18, 2013
July 18, 2013Planning & Zoning Commission Meeting Agenda
5.2013-424-T Public Hearing regarding a request for a zoning change from “PD” Planned
Development No. 26 for a hospital use to "PD" Planned Development No. 33
(PD-33), Hillside Pointe, for single family residential development. Applicant:
Warren Corwin, Corwin Engineering, Inc., on behalf of TC Hospital, L.P.
Staff Report - PZ 071813 -PD-33.pdf
PD-33 Zoning Document.pdf
Application.pdf
Public Hearing Notice.pdf
Property Owner Notification - Packet.pdf
Email - Opposed.pdf
Attachments:
REGULAR SESSION
6.2013-423-T Discussion and Recommendation regarding a request for a zoning change
from “CG” Commercial General to “PD" Planned Development No. 34 (PD-34),
Trophy Wood Commercial Center, for a hotel, restaurants and retail uses.
Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy
Lodging, Ltd.
7.2013-425-T Discussion and Recommendation regarding a request for a zoning change
from “PD” Planned Development No. 26 for a hospital use to "PD" Planned
Development No. 33 (PD-33), Hillside Pointe, for single family residential
development. Applicant: Warren Corwin, Corwin Engineering, Inc., on behalf
of TC Hospital, L.P.
8.2013-426-T Staff liaison update of current and future items; questions and/or discussion.
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Planning and Zoning Commission Page 2 of 93 Meeting Date: July 18, 2013
July 18, 2013Planning & Zoning Commission Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on [INSERT DATE] by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Carolyn Huggins
Community Development Director
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2013.
________________________________, Title: ___________________________
Planning and Zoning Commission Page 3 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-367-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/14/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Review and approve the minutes of the May 6, 2013, Planning and Zoning Commission Meeting.
Attachments:MeetingMinutes 050613.pdf
Action ByDate Action ResultVer.
Review and approve the minutes of the May 6, 2013, Planning and Zoning Commission Meeting.
Planning and Zoning Commission Page 4 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Planning & Zoning Commission
4:00 PM Public Services Conference RoomMonday, May 6, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Senelly called the Planning and Zoning Commission meeting to order at
4:02 p.m. and announced a quorum present (5 members).
Mr. Allen and Mr. Reed were not in attendance at the start of the meeting.
COMMISSION MEMBERS:
Commissioner Dennis Sheridan, Chairman Dale Forest, Commissioner
Dale Forest, Commissioner Mark Sadley, Fred Allen, Garrett Reed,
Richard Senelly, and Larry Vowell
Present:8 -
STAFF PRESENT:
Carolyn Huggins, Community Development Director
GUESTS PRESENT:
Dan Boutwell, President, Municipal Planning Resources Group
REGULAR SESSION
2013-279-T1.Planning and Zoning Commission Orientation.
Carolyn Huggins introduced Dan Boutwell, a planning consultant who has worked on
and off with the Town since 1986.
Ms. Huggins: Dan will be presenting an informal Orientation on the roles and
responsibilities of a Planning and Zoning Commissioner, and I’ll follow up with some
projects that are currently going on in the Town and give you a little bit of the history
of the vacant properties, both commercial and residential.
Mr. Boutwell: The first question a new Zoning and Planning Commissioner usually
asks is “What am I doing here?” My name is Dan Boutwell, President of Municipal
Planning Resources Group. When we started here we were Planning Resources
Group and then we incorporated. We have done work off and on for a lot of years in
Trophy Club.
Mr. Reed arrived at 4:05 p.m.
Mr. Boutwell: I’m going to do a refresher of Planning and Zoning to incorporate a
wide learning curve; I’m going to take you through what Planning and Zoning is for a
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municipality and some of the authority that the State of Texas gives us.
When the State of Texas talks about Planning and Zoning, there are some bodies, in
particular, that they talk about. Whenever you look at a Local Government Code and
go through the law that authorizes this, every time you see something that says
“Governing Body” that means the Town Council. Local Government Code speaks in
code; it never really says “Planning and Zoning Commission,” but what it will say is
“Body responsible for approval, or for recommendation.” So whenever you see it
referred to as the “body responsible for…” that’s going to be the Planning and Zoning
Commission.
In the State of Texas when they set up the authority for the Planning and Zoning
Commission they set up planning separately from zoning. They set first the authority
for platting property, how to plat: that was the Planning Commission, and later on
they set up an authority for zoning which was the Zoning Commission. Both are
authorized to have seven members on the Commission, but smaller cities cannot get
two different bodies of seven each and keep a quorum, so what we’ve seen across
the state of Texas – unless you’re in the really big cities – is that these are combined
into the Planning and Zoning Commission.
The last one is Zoning Board of Adjustment. The Local Government Code probably
says more about the Zoning Board of Adjustment and gives it more definition than
either the City Council/Town Council or the Planning and Zoning Commission.
Basically that’s because the Zoning Board of Adjustment is a quasi-judicial board,
and it actually has some particular authority allowed it. We’re not going to deal with
that because you’re not the ZBA, you’re the Planning and Zoning Commission.
Mr. Senelly: Let it be noted that Mr. Allen has arrived at 4:11.
Mr. Boutwell: It is important to note that unlike all of the other committees, the Park
Committee or the Finance Committee, or other committees that the city may have,
your organization is not a committee. You are a Commission, and you’re formed as a
Commission by the authority of the State of Texas.
In the role of the Planning and Zoning Commissioner you need to wear more than
one hat, to be an administrator and visionary. This is a little bit difficult to do because
you approach the thing that you’re looking at differently when you are a visionary then
when you’re an administrator. When you work as the administrator you’re dealing
with the Subdivision Regulations and the Zoning Ordinance. When you work as the
visionary it’s the Comprehensive Plan.
The Comprehensive Plan is a little bit different document because it is visionary.
When you do your Comprehensive Plan you actually want to let yourself dream:
what do we want Trophy Club to be when everything is built out – what do we want it
to look like? Where do we want our commercial to be? Where do we want our parks
to be, and how do we want them to look? What kind of commercial do we want?
Those are the types of things you ask, and you don’t worry about who lives on what
lot at that time, or what is already there. The idea is eventually, over a period of time
as time changes, you’ll start changing your zoning and your land use to meet that
Master Plan. It may take it thirty years or more to happen, but that’s being a
visionary.
The administrator is different. You have regulations and standards; you need to be
able to administer those regulations and standards.
Your authority in the Comprehensive Plan and the Local Government Code is found
in two different places. First we’ll talk about Chapter 211 of the Local Government
Code, and that’s where you get your authority. “A city is authorized to adopt zoning
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regulations in accordance with a Comprehensive Plan.” That is the authority of your
Zoning Ordinance. If you don’t have a Comp Plan you have nothing to base your
Zoning Ordinance on. What it means is that if a zoning request comes in or there is a
zoning change one of the first things you ask is “What is the Comprehensive Plan
say?” Are we developing this in accordance with the Comprehensive Plan?
Interestingly enough, for years Cities had to adopt in accordance with the
Comprehensive Plan but the State never told us what a Comprehensive Plan was.
Some cities would look at their zoning map, and say that’s our Comprehensive Plan.
Or they would say we are going to plan comprehensively as we grow. They said a lot
of things. Some folks developed a comprehensive plan like what we have, but there
just wasn’t any legal authority. I was able to work on the legislation that founded
Chapter 219 which states that a City may adopt a Comprehensive Plan for the
purpose of promoting sound development of municipalities promoting the public
health, safety and welfare. That’s where it says we can look at the long range look at
what our cities look like. We can actually base our zoning on that comprehensive
plan. That’s the interaction between the two.
So, what’s a Comprehensive Plan? It’s comprehensive in scope, general in nature,
and long range in perspective. It needs to cover the entire city. If you are a city that
has an Extra Territorial Jurisdiction (ETJ) -- Trophy Club doesn’t have any ETJ – the
ETJ may go half a mile, two miles, five miles – it depends on population. The City of
Fort Worth has a five mile ETJ. Which means that five miles outside of the boarder
of their city they still have control over the platting – not zoning, but platting. When
you look at this on a map it’s really interesting. Look at the border of Fort Worth, and
then you expand it out five miles all around and that’s how much authority they have.
You have some jurisdiction in those areas. You can control signage in the ETJ. You
can control platting in the ETJ. The ETJ must use the Town’s Subdivision
Regulations. You cannot control zoning in your ETJ. The zoning is only within the
corporate limits of the city.
Mr. Forest: Don’t you run into problems within your adjoining cities?
Mr. Boutwell: You do, and in that case it’s first come first serve. Whoever was there
first, has precedence. Whenever you have cities like you do in the metroplex and
you start to draw the ETJ map, it’s a nightmare.
Ms. Huggins: As Dan said, Trophy Club does not have any ETJ. We’re land locked
here, surrounded on all sides. [Pointing to a map on the wall] This is Churchill
Downs, and they petitioned the city to be annexed in 2006, that was our last ETJ that
came into the city. This is all Corp property; we do have a long term lease with the
Corp for the development of Trophy Club Park.
Q: Marshall Creek?
Ms. Huggins: Marshall Creek was annexed into Roanoke in 2007.
Vice Chair Vowell: If we were within the five mile radius of Fort Worth would we be
an ETJ of them?
Mr. Boutwell: Not once you’ve incorporated. The land that Trophy Club is in was
originally in Westlake’s area. Westlake released that area, but they also retained a
two foot strip around the limits of the city so that whenever we incorporated they were
limiting us. The other cities, Southlake and Roanoke enclosed quickly anyway. The
bottom line is you don’t have to worry about ETJ because you don’t have any. Since
you are incorporated nobody can incorporate you. A long time ago there was some
talk between Westlake, Southlake and Trophy Club merging – that never happened
and that’s a very difficult thing to happen.
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Q: Can an ETJ cross county lines?
Mr. Boutwell: Yes. The city of Burleson lies in two counties, and so their ETJ is two
miles now.
Q: Do we have any Tarrant County in Trophy Club?
A: Yes, there is a little bit down at the very bottom.
Mr. Sheridan: I live in both; it splits my property
Mr. Boutwell: That was an interesting case because it was a disputed survey line
that was finally settled.
Ms. Huggins: There is a Town map in the very back of your books that will show the
county line.
Mr. Boutwell: When we look at the Comprehensive Plan we look at the entire city,
and if you have ETJ, we look at the ETJ also because you may annex it in; if you do
you want to know what it’s planned. The Comp Plan should address the physical
elements -- the streets, physically where the different land uses will be located, parks,
topography, open spaces. All of these types of these things are addressed in the
Land Use Plan. One of the first things that we did was develop goals and objectives
and policies. The Committee of Trophy Club when they developed their
Comprehensive Plan had ninety people on the committee, and it was an interesting
thing. We divided up into land use: commercial, residential, utilities, parks all those
different things and divided those ninety people up into the different areas and they
developed goals and objectives and came back and shared with the group. They
massaged it and took it to the P&Z and Council and eventually approved it, but it was
a chore. It was truly a town effort.
Q: What year was that?
Mr. Boutwell: That was in 1996. It was adopted in 1997. Usually when we get into
these goals and objectives with the Comprehensive Plan, people will try to start
micro-managing the Comp Plan. The Comprehensive Plan isn’t going to look at
drainage problems and issues; it may look at the overall goal for what you want to do,
but not the issues. Nor will it look at an individual piece of property. It needs to be
long range, at least twenty plus years. It’s ultimate development. That’s why it has to
be visionary.
You have the Comprehensive Plan that was adopted April 1997, you’ll have periodic
updates. You have a Strategic Vision 2030 now, you need to take the overall plan of
the original Land Use Plan and apply this update, the Strategic Vision 2030.
Ms. Huggins: Some of you were at the meeting that Council had with different
Boards and Commissions to hear the Council go through the Vision 2030 that they
have adopted. It’s an overall view of what they are looking for in Trophy Club in the
future. It’s in your book and on your CD. They would like the Planning and Zoning
Commission to keep that in mind as we do land developed in the future. It has to be
based on the Comp Plan but they want us to take into account the Vision 2030
adopted strategy as well.
Q: Why was the 2030 Vision plan done separately and apart from, and not by, the
Planning and Zoning Commission?
Ms. Huggins: It was not meant to be a Comprehensive Land Use Plan. Because we
are so close to being built out the Council feels we need something beyond a Land
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Use Plan, probably a redevelopment plan. They are still trying to figure out exactly
where we should go with updating the Comprehensive Land Use Plan. In the
meantime, with the commercial properties along 114 being all we pretty much have
left, they wanted some sort of vision in place for those properties. We’re kind of at
the mercy of whatever developer comes forward and wants to develop, and if it
meets the zoning ordinance, how are we going to stop them? In trying to direct the
EDC and Stephen Siedel, Assistant Town Manager who is the staff liaison to EDC4-B
and is in charge of economic development for the Town; they wanted to give Stephen
and EDC4-B Board a vision of where they wanted to go with those commercial
properties. That was a lot of what the Vision 2030 plan was and because it was so
much more than just land use it took into account what do we need for our residents
as far as families – what do families want in the town? What do retirees want in the
town? They tried to take into account all of the different age groups, and because of
that it was a committee made up of a lot of different age groups of the residents of the
Town and not just the Planning and Zoning Commission. They didn’t put any of the
committees or commission, or boards in charge of it. They created a new group and
tried to make it a blend of a lot of different residents.
Q: So our role is strictly land use?
Ms. Huggins: Land use should be considered one of your first and foremost
responsibilities.
Q: In a vacuum?
Ms. Huggins: No, I wouldn’t say that.
Mark Sadley: As far as our group trying to work within the guidelines of Vision 2030,
etc., the only time that we really have a possibility of affecting it would be if somebody
was asking for some type of variance or something? We can’t deny something that is
within code, right?
Ms. Huggins: On platting you have a pretty narrow authority, but on zoning and site
plan you have a wider authority.
Q: So when something like that comes before us would the Economic Development
group or some other group be coming with recommendations?
Ms. Huggins: They haven’t in the past except on PD-30. I think that was the only
land development where other groups were involved. You brought up a good point,
there are some projects where other groups might be very interested in having it
approved and could come before you and say here’s our recommendation because
we’ve looked at this from X,Y and Z point of view and would like you to consider
recommendation for approval.
Mr. Boutwell: The way I’ve seen this work with other cities is that you have the Comp
Plan but you may also have an addendum or some refinements of these visions or
other additional goals. Your decisions are still on the Comp Plan but you can look
and see how they’re affected, even spun, according to what the goals are. You use
both of these items together. If there’s a site plan, a request for a new PD, or an
amendment to a PD, or a rezoning, and simply because you’ve zoned everything
doesn’t mean it’s not going to be rezoned, or things aren’t going to be redeveloped.
As it’s redeveloped you’ll take a look at the Land Use Plan, which is the map, and say
where do we want it? Obviously there are some place I don’t want residential or
commercial, and some places where I do want parks and green spaces. Where do
we want this and how does it apply to the Vision Plan? You work them as a hand and
glove, but they are your tools to use; that’s as the visionary.
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Article 219 of the Local Government Zoning Code says that when we do these maps
now, we have to put a note on the map says “this is not a zoning map, and should not
be construed as a zoning map, or controlling zoning. Every map, every
Comprehensive Plan, has to have it on there. The reason we do that is that the
public usually have a very difficult time in understanding the difference between a
zoning map and the Comprehensive Plan. The Comprehensive Plan does not
establish zoning. The Comprehensive Plan is a guide; a wish-list. If you see this up
close it is drawn in bubbles. I do that on purpose, I don’t want to have an exact
location – these are guides. That’s the Comprehensive Plan, and that’s the hat you
wear as the city’s visionary as you try to look into the future.
The tools to implementation of the Comprehensive Plan are zoning, subdivision
regulations, and special studies (such as a sidewalk study, a walking path study,
etc.).
The Zoning Ordinance, Chapter 211 of the Local Government Code, says you can
divide the Town into districts, determining number, shapes and sizes of the districts.
What does zoning do? Zoning regulates the height of buildings. It can tell me the
square foot of the building, the square foot of the lot, the percentage of the area that I
can cover with concrete, the impervious area, and the percent of the area that has to
be landscaped. It can tell me the size of my yard, how far I sit back from the side,
front, and rear. It can determine density -- how many units per acre. Multifamily is
eighteen to twenty four units per acre. It can tell me where I can do it. According to
the Comprehensive Plan it says where commercial goes, where residential goes and
we can determine that if it’s in accordance with a Comprehensive Plan. And it can
tell me what kind of uses I can put there; where are you going to put your rendering
plant? Well, we’re not going to have one – that’s prohibited. Your salvage yard?
We’re not going to have one – that’s prohibited. Pawn Shops? Believe it or not, state
law says we cannot prohibit a Pawn Shop. We have to let it go somewhere, by right.
We don’t have a choice; state law says we have to do it about some things. You’ll
notice our zoning ordinance has a manufactured housing district; it does because
state laws say you have to provide for manufactured housing. If you don’t provide for
manufactured housing you can put it any place that you can put any regular house in
any subdivision, so we have a district. We don’t have anything zoned that, but we do
have a district. So if somebody came in said I want to do a manufactured house,
you say the first thing you have to do is zone the property. They have to take it
through zoning. These are the things that zoning does.
You also do platting. And there is a difference in platting and zoning, and this is
critical, because some of the problems that I see that Planning and Zoning
Commissions have is that at a meeting they’re asking inappropriate questions for the
case under consideration. Zoning regulates how the land is used. Platting regulates
how it’s divided. When you are considering a platting case, don’t ask where the
building will be set or how far the building is set back. Don’t ask about the
landscaping. Those are zoning issues, and the state of Texas says if it’s platting we
can ask platting questions on how the land is divided, but that’s all we can ask. State
law also says if you look at this plat and it meets all of our requirements and
subdivision regulations you have to approve the plat. There’s no leniency there for
you guys; it says you have to approve the plat.
Mr. Sheridan: Does the same go to zoning? Once something is zoned, then zoning
says what the use is, and then there are some regulations on dividing it; so if
somebody came in and meets the zoning requirements and meets the subdivision
requirements then we can’t say no.
Mr. Boutwell: That’s right. If somebody comes in and it’s zoned some commercial
use and he comes in to plat it, and he says what he wants to put on there and you
don’t want that type of business on there – that is not part of the discussion. All that
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is part of the discussion is if I’m going to plat the lot how wide can it be? If I deny it, I
can’t deny it because it’s used for that use.
Folks have asked can I be sued because of this type of situation. Absolutely you can
be sued, but if you’re not arbitrary and capricious you’re going to prevail every time.
The law says is you can’t make decisions arbitrary or capricious. If you have a
rezoning case come before you and you approve it because it’s based on the
Comprehensive Plan there is no way that they’ll find that’s arbitrary and capricious,
because it’s based on something that has gone through the public hearing process
and you’ll be upheld. If you do it because of any of the land use principles as part of
your vision and your Comprehensive Plan, you will be upheld. For example,
someone comes in with a rezoning and wants to put a cell tower there. You say I
don’t like cell towers, they’re ugly, and there will never be a cell tower here. You’re
going to lose that one because that is arbitrary and capricious. There needs to be
some justification or some reasons behind what you do. Your zoning ordinance will
give you justification and reason.
Q: You’re using the word “rezoning” so if somebody comes in and wants to rezone
the property or whatever, we do have the right, within reason, to either deny or
change or alter or negotiate.
Mr. Boutwell: Absolutely
Q: It’s only when it’s already zoned and they meet those requirements we do not
have the ability to negotiate.
Mr. Boutwell: Right. In that case what you’re approving is the rezoning, not the
platting, just the rezoning. It’s difficult to keep these hats straight sometimes. If the
guy comes in to plat something I would just as soon he wouldn’t tell me what he’s
going to do with it because if it’s a plat you have very little choice.
The zoning ordinance has two parts. One is the map. You’ve got a map that shows
all the different districts laid out. The map tells you where you where the district is
located. The text tells you what is allowed in the district. It takes the text and the
map together to make up the Zoning Ordinance.
There are two types of zoning. There is straight zoning and there is planned
development. A straight zoned district has set regulations. Single family residential,
manufactured homes, neighborhood services, professional office, commercial - - all
of those are set zoning districts with set regulations. They even have what kind of
land use can happen in those districts. If somebody wants to come in and develop
according to that district, he can do that without any further change. If somebody
comes in to change zoning from Professional Office to Neighborhood Service, don’t
ask him what he is going to put there because he can put whatever is allowed in that
new district. So if you get something that has a straight zoned district – you, for
instance, can’t change the setback, you can’t change the square footage or the
height -- because those are already established. Even if you don’t like what he’s
going to do with it, you can’t change it. The only way you can change that is if you
amend the zoning ordinance to change the regulation, but then it changes it city-wide.
Q: This body does not have the authority to create or amend ordinances? That’s the
Council?
Mr. Boutwell: You have the authority to recommend a change, but the Council is the
one that adopts and ultimately changes it. But, there cannot be a change to the
zoning ordinance without P&Z’s recommendation. As the Zoning Commission, you
are the recommending body. The State of Texas says that before the Council can act
on an item they have to have a recommendation from the Planning and Zoning
Commission.
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Ms. Huggins: And your recommendation can be to deny, but we have to have a
recommendation before going to Council.
Mr. Boutwell: And if you do have a recommendation to deny, it makes it a little bit
more difficult for the Council to pass it, because in order for them to pass it over your
denial they have to have super majority, or three quarter vote to do that. I think this
body has a lot of authority; you are a very important commission.
Planned Development – each Planned Development establishes its own regulations.
It sets all of the heights and densities and setbacks; it can even set elevations of
buildings. It can set colors and landscaping. It can set whatever it wants regardless
of what the landscaping or screening regulations state in the zoning ordinance. The
regulations of that PD supersede everything. If there is something that is not
addressed in the PD you would fall back to your zoning ordinance and let it speak to
those cases where it may not be spoken to. All of those things are established by the
PD. Trophy Club has an enormous amount of Planned Development, which isn’t all
bad. The Town gets to have more control, more say, in a PD.
Mr. Sheridan: If somebody has a PD that calls for the color green brick and they
want to change the color, as a Commission are we restricted to only discuss that
color or if they make a change to the PD does that open up everything in the PD?
Mr. Boutwell: That’s a really good question, because to make a change to that color
they have to actually amend the PD. Now their amendment to the PD could be to
amend this color, but when you amend the PD you open up the PD.
Mr. Sheridan: In other words as a Commission we at least have the right to talk
about anything in that PD, whether it be the roof, the floor…
Mr. Boutwell: Right. Usually most Planning and Zoning Commissions will respect the
PD. If the applicant is coming in to ask for a change to square footage, he usually
isn’t going to run over and grab another area at the front and start changing that.
Doesn’t mean that P&Z can’t, but as an amendment to the PD you want to respect
what the applicant is asking for within the PD.
Q.: It is my understanding that you can’t take a PD requirement to the Zoning Board
of Adjustment because to do something other than what the PD says the only relief
on a PD is by an amendment to the PD and not to the Zoning Board of Adjustment.
Mr. Boutwell: An amendment to the PD is a zoning change. Whenever we do zoning
changes we have to give public notice, we have to notify people within two hundred
feet, have to have a public hearing at the P&Z and you have to do the same thing at
Council.
Ms. Huggins: An example would be recently the Planning and Zoning Commission
heard a case before them where Tom Thumb, PD-21 Plaza Shopping Center, was
asking for a change to the signage in the shopping center to allow LED signage for
the fuel station; they wanted an additional two feet to each monument sign for
signage for the fuel station. We could have also talked about hours of operation,
because that’s in the PD. It had nothing to do with what they were asking for; they
were asking only for an amendment to the PD for three specific signs to be increased
in size. Yet that could have opened up the PD to talk about other things. Our Town
Attorney will say to you, please don’t stray too far. Respect what they are coming
before you and asking. Respect the PD document and what’s already established.
Mr. Boutwell: That’s also why many developers would rather take a beating than go
back and amend a PD. They just hate to go back and amend a PD, have to open it
and go through the public hearings and notifications again.
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Q: The PDs, are they all available someplace? I can see where it might be helpful
to have them on a disc or something so we have the opportunity to review them if
something was coming up.
Ms. Huggins: I could do that for you guys. Typically if we do have an amendment to
a PD I do provide that PD to you -- certainly the development standards, because the
development standards are what you’re considering.
Q: Often times the community will summarize the characteristic of their PD just to
keep track of the kinds of things they have been permitting or requiring.
Mr. Boutwell: A PD is just like Zoning Ordinance; it has a map and text. The PD is
shown on your zoning map. The text part of it, because it’s not straight zoned, is a
text document of regulations and usually it can be from one page to fifty pages in
length. Whenever you review zoning cases you get a straight view, a straight zone
case, sometimes it may require a site plan. Carolyn will give you a Staff
recommendation and she’ll submit a site plan, if it requires a site plan. The site plan
may have landscaping on it also. There may be a tree survey required, those types
of things, those are the things you look at if it’s required by the straight zone district.
If the straight zoned district does not require a site plan you won’t get that. All you get
is a request to change zoning from commercial to professional, and that’s it. Almost
always someone will ask, where’s the site plan? Well we don’t have the site plan
because we don’t know what we’re going to build on it, we don’t know what kind of
structure is going to be there. That is normal on a straight zoned district. Planned
development you’ll have some things to look at: you’ll have the development
regulations, a concept plan and a development plan. The development plan you can
see in Trophy Club because Trophy Club has some development plans where the
entire development is planned out and it shows where all the different sections are
going to be, but when you get down to the actual section it may be a little bit different.
PD-28 shows the high school in this area of town, but what it didn’t have was the site
plan for it. They couldn’t provide the site plan at the time they did the PD because
the school wasn’t developed yet. So what happens is you may get just a
development plan; that may be all that you have, and then at a later date when they
develop that area they’ll come back with a site plan. That’s part of the PD process,
so that’s why it has to get your approval also, because of that site plan. The PD
requires the text regulations and an overall development plan -- how long it’s going to
take to do this thing.
In residential areas, where there are different phases of your PD, they will come
back with a plat. The plat may not look exactly like the development plan because
they hadn’t worked out the exact streets configuration then. It ought to look
something like it, but it may not look exactly like it. It may not have the same amount
of lots – it may have fewer which is ok. Then, all they have to do is come back with
the preliminary plat and final plat and then we look at the development plan to see if it
is in accordance with that development plan. When we get that plat, understand the
plat is not part of the PD process; that’s the platting process so we cannot ask all
those PD questions. We just have to look to see if it is accordance with that
development plan, and if we already have a preliminary plat, then we’ll have to
approve it.
I have some asterisks down at the bottom. It says “Construction engineering
drawings are not reviewed by P&Z and Council.” The construction plans, the
engineering drawings are usually approved by the engineer and by the building
official. Expect to see site plans, development plans, you may see some elevations,
but the construction drawings you’ll probably never see. If you’re wondering if they
aren’t coming in, it’s not because they’re not turned in – they are, but the normal
process is to take it to those professionals and building officials.
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Q: Drainage is a big thing in this town; flooding and some studies like that. How
does that fit in with the site plan vs. the engineering drawings?
Ms. Huggins: With a site plan it depends on where we are in the process. You have
seen several projects in the past year where a plat and site plan came together, and
included with that was construction engineering drawings. In Trophy Club there is a
requirement, located in your ordinances, that I can’t put a plat or a site plan on a P&Z
agenda until the construction plans have been approved by the Town Engineer. Part
of the construction drawings are grading and drainage. Trophy Club has Flood Plain.
The Corp property is Flood Plain; we have Flood Plain all throughout Trophy Club,
and drainage has always been a problem. When we were incorporated in 1985, we
didn’t have a drainage plan – a town-wide drainage plan. We went subdivision by
subdivision, which now over the years has created a problem. We have water
draining from one subdivision on to another, and the one taking the water may not
have adequate storm drain systems to take on that additional water. Now we look at
that in detail, and the Town Engineer looks at grading and drainage and those plans
do not get approved until we are sure we’ve got a plan in place. In fact, when we get
to where I talk about the projects under review I’ll give you an example of one where
we are having just that problem. It’s been delayed because of the drainage.
Mr. Boutwell: What will happen, the site plan using the preliminary plat will already
have the input of the Engineers. If there are drainage questions there may need to
be an additional lot that the engineer says will need a retention pond on that lot.
What you might see is just a blank lot, that’s because that’s going to be used for a
retention pond. Or on the site plan there may be a retention area or a channel area
needed. That will need to be shown, but only as a plan view for input from the
engineers.
Q: Previously we have discussed or been part of the conversation at P&Z over
drainage, and drainage problems, and drainage of a plan. I asked a lot of those
questions. Somebody else on the commission would ask about ADA and different
things like that. Just for my clarification, does that go under construction/engineering,
and we really shouldn’t be talking about it – or does that go under site plan and
development?
Mr. Boutwell: You can certainly ask questions: have the engineers looked at the
drainage on this site? I think that’s appropriate.
Ms. Huggins: With both platting and site plans, we try to always have the Town
Engineer, Tom Rutledge, there. The applicant’s engineers are supposed to be there
as well to answer those questions.
Mr. Boutwell: You will probably not get the engineers drawings, but it is an
appropriate question to ask, “Has the drainage been examined by the engineer on
this site”?
Q: With a historical issue like this, I would strongly suggest asking an even simpler
question: How has the drainage been dealt with?
Mr. Sheridan: Previously we have received the Q’s and the drainage plan, the
engineering sheet – not the whole set – but we have seen the engineering sheet for
drainage. That brought the question up, is that ours or the engineers?
Q: I have another question about planned developments, since we have so many.
We’re a town of planned developments. Has the town ever revoked one because of
non-performance according to the requirements of that planned development?
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Mr. Boutwell: No, not revoked. The Town has tabled and worked on getting things
adopted, but not revoked.
Ms. Huggins: There have been some HOAs where the Town has had to step in and
take responsibility for some issues that HOA’s were not properly handling. On every
plat you’ll see a statement that says if the HOA doesn’t maintain then the city will step
in to do so. We have had to do that on a couple of occasions. In the last ten years
we’ve had very good response from the developers, HOAs and they have done a
great job of continuing to work with us on water conservation, types of zero-scaping,
etc.
Mr. Boutwell: Dan’s Rules for Zoning Review - real simple: Don’t design it for them. I
don’t know how many meetings I’ve been in where an applicant may bring us an
incomplete drawing/incomplete design or design with questions on it. If we have
questions on it, the meeting is not the place to redesign it for them. I’ve seen
commissioners and Council members get caught up and say what if you take this
down here and put this over here. If there is a question in it, the applicants are
marvelous, innovative people. They can come up with ideas that will amaze you. If
they don’t get it right, you do two things: you can deny it or you can table it and send
them back to the drawing board. Let them know there are problems and let them try
to fix it. If they don’t have it right, if you don’t understand it, if there are things missing
and confusing make them fix it – send it back.
Mr. Sheridan: In being part of those who argue over parking spaces and placement
of trees, usually when we get in that situation we are going out of our way – and I
mean the Staff and the Town, not just the Commission, going out of our way to
encourage, enhance or help somebody. So therefore the meeting does get involved
in that rather than just deny something or table it. The most recent one is the
church; they are trying to get something built for the school. So therefore the
conversation over parking, over landscaping, over little things did occur. But we did
work it out to where we recommended approval that night because they were in a
rush and we were trying to be friendly to businesses, friendly to our applicants.
Mr. Boutwell: I understand, but I also know that these guys usually have
professionals that know the ordinances, they know what the rules are, and they can
work it out. Sometimes we’ve had people bring things to the Town to see what they
can by the Town. I do think you have to do everything you can do to accommodate
folks and work with them. But, there’s a point, place and time when it’s either deny it
or table the thing. I always like to table it and give them another shot at it rather than
deny it. They have always been willing to do that. That sounds a little hard line, and I
understand what it means to sit in your place. I’m the Chairman of the Planning and
Zoning Commission in Burleson, so it is very difficult for me to take off my consultant
hat and put on my planner hat.
What’s platting? I already told you a while ago, but basically it’s the process
regulating how the land is divided. It tells us the width of the streets, how they get
water, how they get sewer, how they get streets, how they divide the land, how they
split it up into lots, and how they do the circulation. The types of plats: Preliminary
plat, final plats, replats, amending plats. All but the preliminary plat are cited by state
law. State law does not recognize a preliminary plat. A preliminary plat is something
planners and cities have instituted that comes before the plat. It’s preliminary to the
plat. We do that because there is a state law that says we have thirty days to
approve something. If the plat comes before you, the city, and they file it and they
give Carolyn their check, it means the application is completed. State law says we
have thirty days to act on it. If we don’t act on it in thirty days its deemed approved.
So cities have said before you give us a final plat we need something preliminary, we
need a preliminary plat showing what all you’re going to be doing. Once we approve
that we can approve your final plat quickly. So the preliminary plat comes before the
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final plat.
The final plat is the last and final. It’s the plat. A replat has already been platted;
we’re platting it again. Usually it’s to split one big lot into two, or take three lots and
make it into two; we’re just moving lot lines around. Whatever we do still has to meet
with our zoning ordinance. Amending plat is easy. We have to amend it because
there is call that’s wrong, a dimension that’s wrong. It’s just a small amendment to it.
Those are the plats.
For preliminary plat we require preliminary drainage and engineering be submitted so
that we have an idea of what’s happening. When you get to the final plat you’ll have
final engineering drawings. When the final plat conforms to the approved preliminary
plat it must be approved. If you have a final plat that comes before you and you don’t
like how many lots are in the plat, and it’s the exact same lots that are on the
preliminary plat, you have to approve it. If it complies with your preliminary plat you
must approve it. That’s hard for us to do sometimes. Final plat gives you everything
exact. Final plats you have all the final engineering drainage. Final plats are the
ones filed at the court house after they are approved by the town or the city. The
final plat must conform substantially to an approved preliminary plat. If it does, we
approve it.
Replat is control over the preceding recorded plat. Replats that are residential
require notification of everyone in the subdivision within two hundred feet.
Thirty day rule says you have thirty days from the time it’s submitted or then it’s
deemed approved to act on it. The P&Z and the Council each have thirty days. The
P&Z has thirty days, it’s approved. The Council has thirty days to act.
Q: Does “act on it” also include tabling?
Mr. Boutwell: No, the law says if you don’t deny it in thirty days it is deemed
approved. Tabled is not a denial.
Ms. Huggins: We let the applicant know, before it’s even tabled, that there is a
30-day rule. We usually ask the applicant to waive the 30-day rule to keep the plat
consideration going. The applicant is asked to give me agreement in writing that they
waive the 30-day rule in order to table the case. Also, must be approved with in thirty
days of approval – I want to clarify that. A project can be submitted to me and start
through review process, and that thirty days isn’t going to start until it’s a complete
project. A complete application ready to be placed on a P&Z agenda; then the clock
starts ticking.
Q: Calendar days or business days?
Ms. Huggins: Calendar days. One of these projects we have had in review for eight
months. It’s not ready; the thirty day clock is still not ticking because we are not close
to being ready for P&Z.
Mr. Boutwell: On some of those the applicant is more than willing to give you a
waiver to start with because they know that it’s going to take more time. They would
rather give you a waiver than get a denial.
Ms. Huggins: Almost always from the date of P&Z approval we go to Council within
thirty days. If we don’t, something odd has happened. Rarely will there be more than
thirty days between P&Z and Council.
Mr. Boutwell: When you are platting you can require some things of the developer.
You can get construction funds or construction for all of the improvements – the
utilities and streets within subdivision. You can get a portion of site utilities and
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streets, you can get parkland dedication, and you can get dedication of public right of
way. That’s why it’s important on your Comprehensive Plan that you show your
thoroughfare plan because as your city grows you can require that property to give
you right of way where that thoroughfare plan is shown.
Ms. Huggins: We use all of these. They pay us infrastructure construction
inspections based on a percentage of the overall construction of the infrastructure.
Parkland dedication must be provided with a final plat. Dedication of public right of
way is required through platting, and occasionally a portion of offsite utilities and
streets come into play. That’s happening right now with Neighborhood 6 where we’re
trying to put in a little playground just south of the gas well. The street ends at the
subdivision and we are asking them to extend the street to the playground, as well as
provide sidewalk access.
Mr. Boutwell: Dan’s Rule for Platting is a lot like Dan’s Rule for Zoning: Don’t design
it for them. Recommend approval, recommend denial, or table it if you have a waiver
provided by the applicant. That’s the only time you can table one of those; if you
table it and thirty days pass they can get it approved.
Platting Process: Comes to the staff, Carolyn does her magic on it; do P&Z action.
Some cities they deny it, it stops right there. If you approve it, it will go onto Council
for action. If Council denies it, it’s dead. Council approves it they now submit their
final plat, goes to Carolyn again for Staff review to look at it again. We see if it
complies with the approved preliminary and it goes to P&Z action; if it complies it
goes onto Council action. If Council denies it for any reason then they start over
again. If they approve it, it goes to the court house and they file it. That’s a long
drawn out process to get it platted, but it’s the process set up by state law.
Open meetings are public meetings and workshops, including public hearings. Open
meetings are formal for the purpose of discussion and consideration of action items
brought before us; usually just a seventy two hour notice for posting of the agenda.
Formal agenda items, structured formally, open for attendance by the public,
scheduled opportunity for public input, action may be taken on the items, and no
written notification is required (if not a public hearing item).
Informal meetings such as workshops require 72 hour notice for posting of the
agenda. Formal agenda items with informal structure, open for attendance by the
public, participation by the public is conditional, and usually the chairman can
determine whether or not he wants to allow input from the public. Action may not be
taken on items in workshops.
Public hearing for zoning is very formal, fifteen day notice in the paper, ten days
notice by mail, formally structured; open for participation by the public, participation
may be limited by the chair. The chair can say things like: “ I’m going to give
everybody five minutes to speak. If you have the same thing to say as your neighbor
just said, simply state that. You don’t need to repeat everything that has previously
been said.” No actions are taken on any item in the public hearing. You can leave a
public hearing open or you can extend it to a date specific.
Closed meetings are executive session.
Secret meetings – don’t even think about it. We don’t do those.
What’s wrong with this motion? “Mr. Chairman I don’t see why we should approve
this plat for a Pawn Shop. I don’t like them; I certainly don’t want them in our town,
therefore I move to deny this plat.” There is a lot wrong with this motion – first of all,
it’s his opinion. It’s kind of capricious. Platting has no authority of land use.
What’s wrong with this one: “Mr. Chairman I recommend approval for this zoning if
the applicant will pave the community parking lot located next door.” It’s contract
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zoning. I can’t zone this condition subject to acting somehow someplace else.
Here’s another: “Mr. Chairman I recommend approval of this plat provided the front
building line for this zoning district be decreased from 25-ft. and the side yard
increased to 15-ft.” We can’t do that – how come? Because changing a regulation
requires a zoning amendment. We can’t put conditions on the plats like that.
That’s all I had guys.
Mr. Allen: Well what’s the big stink going on between PD-30 and the community and
Planning and Zoning and the Council and everything? It was a PD issue that was
recommended denied by the Planning and Zoning Commission and the Council
approved it. In the conversation, heresay information, it was a matter of
communication between the developer and the staff, and the developer and the
Planning and Zoning, and so forth and so on. Add some light onto this so we don’t
make the same general errors in the future and look like a bunch of jerks.
Mr. Boutwell: Not knowing what this is let me say something else; you are in a public
meeting with a quorum. It isn’t a posted item, if it’s just information on something that
has passed that would be okay but if there is anything on-going on this you need to
be careful talking about it.
Ms. Huggins: It’s not a posted item. In relation to P&Z orientation I was going to give
you an overview of what’s going on in town including PD-30, but because we have
run out of time I would recommend that we put that on the next agenda to give you an
idea what we are currently reviewing. We have a lot of projects going on in the town.
Mr. Allen: I think it’s a matter of historical information.
Ms. Huggins: One of the things I can tell you is that we are working with the
developer on PD-30. We do anticipate some development on that project in 2014.
He is actively marketing the property for the first phase development which would be
at Highway 114 and Trophy Club Drive corner.
Mr. Senelly: Apropos of our agenda today, which is Orientation, just want to make
sure everybody has had a chance to do their training – got their certification done,
and sworn in and all that good stuff if you’re new.
Ms. Huggins: Have all four of you been sworn in?
Mr. Reed: I have not.
Mr. Senelly: Even though this is a formidable looking bomb that we’ve been given to
review and keep as our guide, the book that you have in front of you which has been
put together by staff – thank you so much, Carolyn – has everything in it that you
need to know, and unfortunately, we need to know. Which means if you haven’t had
a chance to get familiar with – particularly the Zoning Ordinance – you really need to
do so. There are a lot of sections in here that are good. Fortunately you also have
something to run in your computer that will help you out, but do the homework
because even though I love on the job learning and training, it’s not going to be
enough for this job when things come up.
Ms. Huggins: In the book you have, there are five things that are on this disc; the
other three things are the handouts you were given: the Sign Ordinance, Parkland
Dedication, and Oil and Gas Well Manual. There’s also an Oil and Gas Well
Ordinance, but that’s part of the Zoning Ordinance which is in your book.
Again, in relation to being sworn in, there are two courses you have to take online –
I’m sorry; those are two one hour courses! You will need to complete the certificates
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at the end of the training, and we will need a copy on file with the Town Secretary.
Mr. Senelly: Out of respect for everyone’s time, we talked about five thirty, we’re
close. There is a lot more that we need to cover, things like past issues that we need
to get familiar with – information of that type, so we need to adjourn this meeting.
ADJOURN
The meeting adjourned at 5:42 p.m.
_________________________________________
Richard Senelly, Chairman
_________________________________________
Carolyn Huggins, Community Development Director
Planning and Zoning Commission Page 19 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-375-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/17/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Review and approve the minutes of the June 20, 2013, Planning and Zoning Commission Meeting.
Attachments:MeetingMinutes 062013.pdf
Action ByDate Action ResultVer.
Review and approve the minutes of the June 20, 2013, Planning and Zoning Commission Meeting.
Planning and Zoning Commission Page 20 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Planning & Zoning Commission
7:00 PM Svore Municipal Building BoardroomThursday, June 20, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Senelly called the June 20, 2013, Planning and Zoning Commission
meeting to order at 7:00 p.m. and announced a quorum present (7 members).
COMMISSION MEMBERS:
Commissioner Garrett Reed, Vice Chair Larry Vowell, Chairman Richard
Senelly, Commissioner Fred Allen, Commissioner Dale Forest,
Commissioner Mark Sadley, and Commissioner Dennis Sheridan
Present:7 -
STAFF PRESENT:
Carolyn Huggins, Community Development Director
Karen Moore, Recording Secretary
GUESTS PRESENT:
Jaison Stephen, Jacobs Engineering
REGULAR SESSION
2013-234-T1.Review and approve the minutes of the March 21, 2013, Planning and
Zoning Commission Meeting.
MeetingMinutes 032113.pdfAttachments:
Chairman Senelly: We have minutes from the March 21, 2013 meeting that we need
to approve. I’ll ask the three Commissioners who were Commissioners then to
consider this and give us any discussion, and give us a motion.
A motion was made by Commissioner Forest, seconded by Commissioner
Sheridan, that this agenda item be Approved. The motion carried by the
following vote.
Aye:Commissioner Forest, Commissioner Sadley, and Commissioner
Sheridan
3 -
Abstain:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, and
Commissioner Allen
4 -
2013-366-T2.Discussion and Recommendation regarding a request for approval of a Final
Plat for Neighborhood 8, Phase 2B, consisting of 65 residential lots and 4
open space lots for a total of 14.421 acres located in The Highlands at
Trophy Club at the southeast corner of Trophy Club Drive and Trophy Park
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Drive. Applicant: Jacobs on behalf of Lennar Homes of Texas. (FP-13-054)
Staff Report - PZ 062013 - NH 8 Ph 2B.pdf
Application.pdf
Town Engineer Approval.pdf
Attachments:
Chairman Senelly: This is the first official meeting for four new Commissioners. We
have really just one item on our agenda for the Commission to consider and it is a
Final Plat for a portion of Planned Development No. 27.
Before we do that, for the information of those who are here, including me, PD-27 is a
significant portion of our community. It is almost seven hundred acres of land. A lot
of it has already been developed, and more to go. Tonight we have for consideration
agenda item 2013-366-T, discussion and recommendation regarding a request for
approval of a Final Plat for Neighborhood 8, Phase 2B, consisting of sixty-five
residential lots and four open space lots for a total of 14.421 acres located in The
Highlands at Trophy Club at the southeast corner of Trophy Club Drive and Trophy
Park Drive. The applicant is Jacobs on behalf of Lennar Homes of Texas
(FP-13-054).
I’ve asked Staff to not only provide comments, but also to provide us a context for the
consideration of this Final Plat. PD-27 is up on the screen in its entirety. Do we need
any explanation, Carolyn?
Ms. Huggins: Yes sir, thank you. All of you have in front of you the PD 27 zoning
document. Chairman Senelly asked me to provide this to you for reference this
evening. As Chairman Senelly stated, this is a 697 acre, mostly residential,
development. There is a small section of it that is commercial, and the commercial
section is Village Center shown on the map in pink on the south side of Bobcat
Boulevard. All of the rest of it, the neighborhoods, are residential. They go from
neighborhood one through nine -- nine different neighborhoods. In those nine
different neighborhoods there are five different lot types, lot type one, two, three, four,
and five. Lots type one are the largest down to lot type five, which is the smallest.
Lot type one is a minimum 12,000 square foot lot, lot type two is a minimum of 10,000
square foot lot, lot type three is a minimum 8,400 square foot lot, lot type four is a
minimum 7,200 square foot lot, and lot type five is a minimum 5,250 square foot lot.
On the final plat you are considering this evening, all of the lots are Lot Type 5 lots. A
summary of the lot types are on Page 31 in the PD document.
Tonight you are considering a final plat of the final phase of Neighborhood 8. In your
packet you have a copy of the 24 x 36 plat. There have been two previous phases.
As you know, platting is subdividing the property, but as Staff we go through and
make sure they also have met the zoning requirements so that the final plat can be
brought before you for consideration and approval. The zoning for this was approved
back in 2006. The first phase (plat) of Neighborhood 8 was approved in 2010, and
Phase 2A, the second phase (plat), was approved in 2012, and this is the third and
final phase. As part of the zoning, Staff has gone through and made sure that it does
abide by the zoning document, for instance, the total number of lots should not
exceed 185, and the total number of lots for this neighborhood is 183. They are also
required to have a connector trail in this neighborhood. In your packet is a map of
the trail.
Chairman Senelly: When you say “Connector Trail” is there already a trail this is
connecting to?
Ms. Huggins: Yes, there is a sidewalk trail system throughout Trophy Club. For
instance, there are sidewalks all along Neighborhoods 3 and 4 (Turnberry) with a
connecting path through Country Club property into Neighborhood 6. The sidewalks
throughout Neighborhood 6 exit to Trophy Club Drive, across the street from
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Neighborhood 8, which then wind through Neighborhood 8 to Trophy Park Drive,
which is across the street from Neighborhoods 5 and 7. Part of the trail system also
goes through the open space of Neighborhood 8. The trail system throughout Trophy
Club is mostly sidewalks along streets, but in Neighborhood 8 there will also be a
concrete trail that goes through the open space. Some trees will need to be
removed, but the applicant has done a great job trying to keep as many trees as
possible in the open space in order to have a nice open space amenity for the
neighborhood.
Chairman Senelly: Now you all understand that we are not here to take any action on
the original zoning – that’s all done – just the Final Plat. I have a couple of questions
for Staff; one is concerning the improvement plans for this development. When will
they be submitted?
Ms. Huggins: They are submitted with the final plat, and they go through staff review.
They are reviewed and approved by the Town Engineer, Tom Rutledge with Teague,
Nall & Perkins. Mr. Rutledge usually attends P&Z meetings when a final plat is being
considered, but he had a conflict this evening. Mr. Rutledge reviewed and approved
the engineering documents and that memo was included in your packet. Staff will not
place a final plat on a P&Z agenda until the Town Engineer has approved the
infrastructure plans, which are also called engineering plans, or as Chairman Senelly
is referring to them, the improvements.
Chairman Senelly: I’ve noticed that the trail doesn’t go where it was originally
planned; so what’s that about?
Ms. Huggins: Part of the reason was once we got out there and took a look at the
property we found it very heavily wooded. It's flowage easement. We had to be
realistic about what was possible and we had to move it from the original alignment
because oherwise, it would have taken quite a bit of clearing of that area, and we
really didn’t want to remove more trees than necessary. Jaison Stephen, the
engineer with Jacobs, myself, the developer, and the Parks Director, Adam Adams,
spent a morning traipsing through all of that area. Parts of it are quite dense. Our
intent was to find the best place for the trail to go with the least amount of
environmental impact and yet still being accessible for residents to use.
Chairman Senelly: Lot Type 5 lots were originally for attached townhouses. Are we
going to see attached houses?
Ms. Huggins: No sir. There was a rezoning in 2010. On the first page of the PD-27
zoning document you will see an amendment for 2009-30 PZ where Council granted
approval in November 2009 for a Neighborhood 8 rezoning. It was rezoned from
townhomes to single family homes.
Chairman Senelly: Have you all had a chance to review the submittal? Anybody
care to make a motion?
A motion was made by Commissioner Sheridan, seconded by Commissioner
Reed, to recommend Approval to the Town Council of the Final Plat of
Neighborhood 8, Phase 2B. This item will be heard by the Town Council on
07/15/2013. The motion carried by the following vote.
Aye:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner
Allen, Commissioner Forest, Commissioner Sadley, and Commissioner
Sheridan
7 -
2013-25-T3.Future Agenda Items and questions or discussion of current and future items.
Planning and Zoning Commission Page 23 of 93 Meeting Date: July 18, 2013
June 20, 2013Planning & Zoning Commission Meeting Minutes
Ms. Huggins reviewed the following items under consideration by staff:
PD-27 Veranda Avenue Bridge Final Plat
PD-27 Isle of Turnberry NH 4 Final Plat
PD-22 Villas of Hogan’s Glen, Phase 2 Preliminary and Final Plat
PD -27 Village Center Medical Office Buildings Final Plat and Site Plan
PD-27 Neighborhood 7, Phase 3C Final Plat
Homewood Suites rezoning from CG to PD
Hillside Pointe rezoned from PD-26 to PD for single family residential
PD-25 Trophy Wood Business Center Site Plan
Medlin Middle School Replat and Site Plan
ADJOURN
Meeting adjourned at 7:38 p.m.
_________________________________________
Richard Senelly, Chairman
_________________________________________
Carolyn Huggins, Community Development Director
Planning and Zoning Commission Page 24 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-420-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/11/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Discussion and Recommendation regarding a request for approval of a Final Plat for Right-of-Way
Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren
Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc.
Attachments:Staff Report - PZ 071813 -Veranda Ave Short Form Plat.pdf
Application.pdf
Action ByDate Action ResultVer.
Discussion and Recommendation regarding a request for approval of a Final Plat for Right-of-Way Dedication
of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin
Engineering, Inc. on behalf of Standard Pacific of Texas, Inc.
Planning and Zoning Commission Page 25 of 93 Meeting Date: July 18, 2013
SUBJECT: Discussion and Recommendation regarding a request for
approval of a Final Plat for Right-of-Way Dedication of
Veranda Avenue, The Highlands at Trophy Club,
Neighborhood 4. Applicant: Warren Corwin, Corwin
Engineering, Inc. on behalf of Standard Pacific of Texas,
Inc.
This property is located in Neighborhood 4, “Turnberry” addition of The Highlands
where Veranda Avenue currently dead ends on the south end of the neighborhood.
The applicant is requesting approval of a final plat of Veranda Avenue for dedication of
right-of-way t o provide access from an existing phase of Neighborhood 4 of The
Highlands to a future phase of Neighborhood 4.
This plat is for dedication of right-of-way only and does not subdivide the land or require
rezoning of the land. It therefore qualifies as a short form plat and does not require a
preliminary plat or detailed utility drawings.
In the near future, a bridge will be built over the dedicated right-of-way. The Town
Engineer reviewed the bridge plans for compliance and compatibility with this right-of-
way dedication and has found the plans compatible with the right-of-way dedication of
this plat. A Developer’s Agreement for construction of the bridge will be considered by
the Town Council at the Council meeting on August 5, 2013.
This final plat document was reviewed in accordance with the Town of Trophy Club
Subdivision Rules and Regulations, Section 3.10 Short Form Plats, as well as the
approved development standards of Planned Development District No. 27. The plat
appears to be in compliance and Staff recommends approval of the Final Plat of right-of-
way dedication of Veranda Avenue.
PLANNING & ZONING COMMISSION
STAFF REPORT
July 18, 2013
Case No. SFP-13-01
Final Plat
Right of Way Dedication
Veranda Avenue
The Highlands at Trophy Club
Neighborhood 4
Planning and Zoning Commission Page 26 of 93 Meeting Date: July 18, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-422-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/11/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Public Hearing regarding a request for a zoning change from “CG” Commercial General to “PD"
Planned Development No. 34 (PD-34), Trophy Wood Commercial Center, for a hotel, restaurants and
retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd.
Attachments:Staff Report - PZ 071813 -PD-34.pdf
PD-34 Zoning Document.pdf
Application.pdf
Public Hearing Notice 07-03-2013.pdf
Property Owner Notification - Packet.pdf
List of Property Owners.pdf
Action ByDate Action ResultVer.
Public Hearing regarding a request for a zoning change from “CG” Commercial General to “PD" Planned
Development No. 34 (PD-34), Trophy Wood Commercial Center, for a hotel, restaurants and retail uses.
Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd.
Planning and Zoning Commission Page 28 of 93 Meeting Date: July 18, 2013
SUBJECT: Public Hearing regarding a request for a zoning change
from “CG” Commercial General to “Planned Development
No. 34 (PD-34) for a hotel, restaurants and retail uses.
Applicant: Travis Bousquet, The Bousquet Group, Inc. on
behalf of Trophy Lodging, Ltd.
Applicant: Travis Bousquet
The Bousquet Group, Inc.
501 S. Carroll Blvd., Suite 201
Denton, TX 76201
On Behalf of: Tom Jariwala
Trophy Lodging, Ltd.
3001 Kari lane
Greenville, TX 75402
Requested Action: Rezone from “CG” Commercial General to
“PD” Planned Development No. 34
Purpose: Hotel, Restaurants and Retail Uses
to be known as “Trophy Wood Commercial Center”
The applicant is conceptually proposing four lots with
one building on each lot.
Lot 1: Hotel Use
Lot 2: Restaurant Use
Lots 3 and 4: Restaurant/Retail Use
Location: This property is located along State Highway 114 to
the east of Trophy Club Medical Plaza and to the west
of Hampton Inn and Suites.
Size: 8.286 acres
PLANNING & ZONING COMMISSION
STAFF REPORT
July 18, 2013
Case No. ZCA-13-021
Zoning Change Request
From “CG” Commercial General
to
Planned Development No. 34 (PD-34)
Trophy Wood Commercial Center
Planning and Zoning Commission Page 29 of 93 Meeting Date: July 18, 2013
Existing Land Use: Vacant land
Surrounding Land Use: North: “R-9” Single Family Residential and
“PD-14” The Villas – Single Family Residential
South: State Highway 114
East: “PD-25” Trophy Wood Business Center -
Commercial Uses – Hotels, Restaurants, Retail
West: “PD-23” Trophy Club Medical Plaza
Planning and Zoning Commission Page 30 of 93 Meeting Date: July 18, 2013
Planned Development District Regulations: A planned development (PD) is
on tracts of land not to exceed 250 acres and may include a combination of
different dwelling types and/or a variety of land uses which creatively
complement each other and harmonize with existing and proposed land uses in
the vicinity. The purpose of the district is to encourage creative development of
the land, provide locations for well planned comprehensive developments, and
provide for variety and flexibility in the development patterns of the Town which
promote the health, safety, morals and general welfare of the community. The
Town Council is empowered to grant permits for planned developments only after
review and recommendation by the Planning and Zoning Commission under the
procedure established herein.
For non-residential development, the following conditions must prevail:
1. The project utilizes innovative land development concepts and is consistent
with the Comprehensive Land Use plan and the goals and objectives of the
Town.
The Comprehensive Land Use Plan (1997) calls for commercial/professional
development for this property. This rezoning request is consistent with the
Comprehensive Land Use Plan.
2. Non-residential uses are situated such that an appreciable amount of land is
available for open space or joint use as parking space and is integrated
throughout the planned development.
The applicant plans to integrate joint use parking throughout the site.
3. The site exhibits environmentally natural features which should be considered
for preservation and/or enhancement.
The site does not have environmentally natural features. As required by
Ordinance, the applicant is providing a 40-ft. landscape buffer along the
northern perimeter of the site as well as a 15-ft. landscape buffer along the
State Highway 114 corridor.
4. Aesthetic amenities may be provided in the planned development design
which are not economically feasible to provide in conventional non-residential
projects.
The applicant is providing patterned and colored concrete at the
ingress/egress drives along State Highway 114, evergreen shade trees in the
40-ft. landscape buffering area to provide year round screening, and an 8-ft.
masonry wall along the northern perimeter to replace existing fencing and
provide uniformity throughout the site.
Planning and Zoning Commission Page 31 of 93 Meeting Date: July 18, 2013
5. The project provides a compatible transition between adjacent existing single
family residential projects and provides a compatible transition for the
extension of future single family projects into adjacent undeveloped areas.
The applicant is providing a 40-ft. landscape buffer between existing single
family residential and also has provided a concept plan that does not position
the buildings at the near side of residential.
Planned Development No. 34
The applicant is requesting a rezoning to a planned development to allow a hotel,
restaurants and retail uses.
As outlined in the PD development standards the applicant requests:
A hotel on Lot 1, which shall be only from the following brands: Hilton, Marriott,
Starwood, or Hyatt. The hotel shall have, at a minimum, the following services:
• 24 Hour Front Desk
• Daily Housekeeping
• Sit down Lobby area
• Breakfast served in the morning 7 days a week
• Swimming Pool
• Fitness Center
• Business Center
A restaurant or restaurant with alcoholic beverage sales on lot 2.
Lots 3 and 4 shall allow the following uses:
Art Supply Store
Arts, Crafts, Hobby Shops
Audio, Video, Stereo sales (no arcade games or adult rentals)
Bakery Shop
Barber, Beauty, Styling Shops
Bath Shop
Bicycle Shop
Book Stores
Cameras / Film Processing Store
Car Accessories Sales
Cards and Gifts Sales
Children’s Wear Shop
China and Glassware Sales
Computer / Software Sales and Service
Confectionary Shop
Cosmetic / Beauty Supply Shop
Curtain and Drapes Shop
Planning and Zoning Commission Page 32 of 93 Meeting Date: July 18, 2013
Drug Store, Apothecary, Pharmacy
Dry Cleaner, Pick Up and Drop Off
Electrical Goods and Fixtures
Fabric and Knitting Shop
Floor Coverings Shop
Florist
Formal Wear / Rental Store
Furniture Sales
Grocery Stores
Hardware Store
Health, Athletic Shops
Household Appliance Store
Household Furnishings, Fixtures
Ice Cream Shop
Jewelry, Watch Store
Juice Store
Kitchen Store
Lamp Sales
Luggage and Leather Sales
Mailing and Packaging Store
Men’s Wear Shop
Music Store
Nail Salon
Newspaper/Magazine Sales
Office Supplies Store
Party Supplies Store
Picture Framing Store
Restaurant
Restaurant, Drive-In
Restaurant, with Alcoholic Beverage Sales
Shoe Repair Shop
Shoe Store
Sporting Goods Store
Sports Bar
Stationery-School Supplies Store
Tailor Shop
Telephone Store
Toys Store
Wallpaper, Paint Store
Wearing Apparel Store
Women’s Ready-To-Wear/Women’s Specialty Shop
Height Regulations
Lot 1: The hotel will be four (4) stores in height – not to exceed sixty-five feet
(65’) in height.
Planning and Zoning Commission Page 33 of 93 Meeting Date: July 18, 2013
Lots 2-4: No building or structure shall exceed forty feet (40’) in height or two (2)
stories maximum.
Parking
Shared parking may be allowed with this development if approved by the
Planning and Zoning Commission and Town Council during site plan approval.
Hotel uses shall provide a minimum of one (1) parking space for each room and
shared parking shall not be allowed for this requirement.
Special Paving
Patterned and colored concrete shall be constructed at the driveway entrances
along State Highway 114.
Hours of Operation
Restaurants and Sports Bars: 6:00 a.m. to 12:00 a.m. (midnight).
A Conditional Use Permit (CUP) shall be required for a restaurant or sports bar to
stay open later than midnight (12 a.m.), but no later than 2:00 a.m.
Town Regulations: A Conditional Use Permit can be required for uses
that may have some special impact or uniqueness which requires a
careful review of their location, design, configuration and special impact to
determine their establishment on any given site. These requests go
before the Planning & Zoning Commission and Town Council for
consideration.
Hotel: Twenty-four (24) hours per day.
Retail Uses: 6:00 a.m. to 11:00 p.m.
Building Materials and Colors
The exterior walls of all main and accessory buildings shall be constructed of one
hundred percent (100%) natural or manufactured stone, brick, stucco, or split
face block.
EIFS is not allowed.
The entire PD shall have earth tone colors. Specific colors shall be approved at
Site Plan approval for each lot.
Screening & Fencing
A forty foot (40’) landscape buffer will be provided along the north property line of
this development to provide buffering from the existing adjacent residential. The
40-ft. buffer area will contain only the following: fencing, berms, trees and
Planning and Zoning Commission Page 34 of 93 Meeting Date: July 18, 2013
landscaping to provide visual and acoustical privacy to the adjoining uses. The
landscaping will include evergreen shade trees to provide screening year-round.
An eight foot (8’) high masonry screening wall is required along the north
property line and the commercial property owner shall be required to coordinate
with existing residential property owners to remove existing fencing for
replacement with the new fence.
Maintenance of the fence will be the responsibility of the commercial property
owners via a 5’ wide easement to be provided at the time of platting.
Parallel fencing may be allowed but only with review of an applicable fence
permit that meets all other Town fencing ordinance requirements.
Site Plan Approval
Prior to the issuance of any building permits, property owner shall provide the
following items:
Final Site Plan
Landscape Plan and Plant List
Building Elevations
Photometric Plan & Light Fixtures Illustrations
Sign Criteria
Retaining Wall and Fence Criteria
which shall require approval of the Town Council upon recommendation by the
Planning and Zoning Commission.
Public Hearing and Property Owner Notification: As required by ordinance, a
notice of public hearing for this zoning change request was published in the local
newspaper at least 15 days prior to the date of the public hearing by the Planning
and Zoning Commission. Publication occurred on July 3, 2013. In addition,
property owners within 200-ft. were notified of this zoning change request. Fifty-
four (54) property owners received notification. As of July 12, 2013, there have
been no responses, for or against.
SUMMARY: The permitted uses in the Planned Development appear to be
appropriate for this property as they would provide services to current and future
residents of Trophy Club. This property is located on State Highway 114 and
adjacent to commercial zoning to both the east and west. The site has adequate
space to provide buffering to the northern residential properties. This site is
compatible with commercial zoning and the Comprehensive Land Use Plan.
Staff does not believe this proposed development would adversely affect health,
safety, morals, or general welfare of the Town of Trophy Club residents and,
therefore, recommends approval of this zoning change request.
Planning and Zoning Commission Page 35 of 93 Meeting Date: July 18, 2013
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: June 27, 2013
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time/ July 3, 2013 SUBJECT: Rezoning Request –
Homewood Suites
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
100 Municipal Drive, Trophy Club, Texas 76262
PLANNING & ZONING COMMISSION
Thursday, July 18, 2013 – 7:00 p.m.
TOWN COUNCIL
Monday, August 5, 2013 – 7:00 p.m.
A Public Hearing will be held by the Town of Trophy Club to consider a request
for a zoning change for 8.286 acres of vacant land located along State Highway
114 just east of 2850 State Highway 114. The vacant 8.286 acres are currently
zoned “CG” Commercial General which allows retail uses. The zoning change is
to request a “PD” Planned Development to allow a hotel, restaurants and retail
uses, amending Ordinance No. 2000-06 P&Z of the Town, the same being the
Comprehensive Zoning Ordinance, and amending the Official Zoning Map of the
Town by changing the zoning, providing that such tract of land shall be used in
accordance with the requirements of the Comprehensive Zoning Ordinance and
all other applicable ordinances of the Town.
The Planning and Zoning Commission will hear this request on Thursday, July 18,
2013, and the Town Council will hear this request on Monday, August 5, 2013.
Both hearings will take place in the Boardroom of the Municipal Utility District
Building, 100 Municipal Drive at 7:00 p.m.
Planning and Zoning Commission Page 51 of 93 Meeting Date: July 18, 2013
Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc
NOTICE OF PUBLIC HEARING
Planning & Zoning Commission - Thursday, July 18, 2013
Town Council - Monday, August 5, 2013
TIME OF PUBLIC HEARING: 7:00 p.m.
PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom
100 Municipal Drive
Trophy Club, Texas 76262
Zoning Change Request
A public hearing will be held to consider a request for a zoning change for
8.286 acres of vacant land located along State Highway 114. The property is
currently zoned “CG” Commercial General which allows retail uses. The
developer is requesting a zoning change from “CG” Commercial General to
“PD” a Planned Development to allow a hotel, restaurants, and retail uses.
Attached is a concept plan of how the developer plans to develop the property.
A four (4) story hotel will be built on the west side of the site, with three other
pad sites for restaurant/retail uses.
The suggested retail uses to be allowed on this site are:
Art Supply Store
Arts, Crafts, Hobby Shops
Audio, Video, Stereo sales (no arcade games or adult rentals)
Bakery Shop
Barber, Beauty, Styling Shops
Bath Shop
Bicycle Shop
Book Stores
Cameras / Film Processing Store
Car Accessories Sales
Cards and Gifts Sales
Children’s Wear Shop
China and Glassware Sales
Computer / Software Sales and Service
Confectionary Shop
Cosmetic / Beauty Supply Shop
Curtain and Drapes Shop
Dairy Food Shop
Planning and Zoning Commission Page 52 of 93 Meeting Date: July 18, 2013
Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc
Drug Store, Apothecary, Pharmacy
Dry Cleaner, Pick Up and Drop Off
Electrical Goods and Fixtures
Fabric and Knitting Shop
Floor Coverings Shops
Florist
Food Service
Formal Wear / Rental Store
Furniture Sales
Grocery Stores
Hardware Store
Health, Athletic Shops
Household Appliance Store
Household Furnishings, Fixtures
Ice Cream Shop
Jewelry, Watch Store
Juice Store
Kitchen Store
Lamp Sales
Luggage and Leather Sales
Mailing and Packaging/Post Office
Men’s Wear Shop
Music Store
Nail Salon
Newspaper/Magazine Sales
Office Supplies Store
Party Supplies Store
Picture Framing Store
Restaurant
Restaurant, Drive-In
Restaurant, with Alcoholic Beverage Sales
Shoe Repair Shop
Shoe Store
Sporting Goods Store
Sports Bar
Stationery-School Supplies Store
Tailor Shop
Telephone Store
Toys Store
Wallpaper, Paint Store
Wearing Apparel Store
Women’s Ready-To-Wear/Women’s Specialty Shop
This request will be heard by the Planning and Zoning Commission on
Thursday, July 18, 2013, at 7 p.m. in the Svore Boardroom located at Town
Hall, 100 Municipal Drive. This request will also be heard by the Town
Council on Monday, August 5, 2013.
Planning and Zoning Commission Page 53 of 93 Meeting Date: July 18, 2013
Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc
All Property owners within 200-ft. of this tract of land receive written
notification of this request. All interested property owners are encouraged to
attend the hearings. Persons wishing their opinion to be part of the record, but
are unable to attend may send a written reply prior to the date of the hearing to:
Town of Trophy Club Telephone: 682-831-4681
Attn: Carolyn Huggins
Community Development
100 Municipal Drive
Trophy Club, TX 76262
email: chuggins@ci.trophyclub.tx.us
Planning and Zoning Commission Page 54 of 93 Meeting Date: July 18, 2013
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LIST OF PROPERTY OWNERS NOTIFIED OF ZONING CHANGE FOR PD-34 TROPHY WOOD COMMERCIAL CENTER
Jeffrey B Martin
1 Jamie Ct
Trophy Club, TX 76262
Omar Abuabara
2 Jamie Ct
Trophy Club, TX 76262
Timothy and Deborah McCune
3 Jamie Ct
Trophy Club, TX 76262
Jerry Baker
4 Jamie Ct
Trophy Club, TX 76262
Randy Rutledge
5 Jamie Ct
Trophy Club, TX 76262
William and Debra Germany
6 Jamie Ct
Trophy Club, TX 76262
James Forrester, Jr
7 Jamie Ct
Trophy Club, TX 76262
Alfred and Glynda Maddox
8 Jamie Ct
Trophy Club, TX 76262
Shawn Perkins Trust
9 Jamie Ct
Trophy Club, TX 76262
Raul and Veronica Rios
10 Jamie Ct
Trophy Club, TX 76262
Glenn and Jennifer Horowitz
11 Jamie Ct
Trophy Club, TX 76262
Darren Rickey
12 Jamie Ct
Trophy Club, TX 76262
Carey and Marie Smith
13 Jamie Ct
Trophy Club, TX 76262
Re: 14 Jamie Ct
Darren Lovell
620 N Coppell Rd Apt 707
Coppell, TX 75019-2046
Matthew and Laura Fenton
15 Jamie Ct
Trophy Club, TX 76262
George and Sandra Clements
16 Jamie Ct
Trophy Club, TX 76262
Harwood and Valery Miller
17 Jamie Ct
Trophy Club, TX 76262
Brian and Emily Borg
18 Jamie Ct
Trophy Club, TX 76262
Billie Coston
19 Jamie Ct
Trophy Club, TX 76262
Re: 11 Hillcrest Ct S
Tina J Kirby
3208 Clubview Dr
Argyle, TX 76226-2110
Keith and Bridgette Bailey
12 Hillcrest Ct S
Trophy Club, TX 76262
Sylvia I Rose
13 Hillcrest Ct S
Trophy Club, TX 76262
John and Kim Hunter
14 Hillcrest Ct S
Trophy Club, TX 76262
Mark Leblanc
15 Hillcrest Ct S
Trophy Club, TX 76262
Eugene F Thie
16 Hillcrest Ct S
Trophy Club, TX 76262
Michael J Studer
17 Hillcrest Ct S
Trophy Club, TX 76262
Richard E Beaty, Jr
18 Hillcrest Ct S
Trophy Club, TX 76262
Betty Sue Parker
19 Hillcrest Ct S
Trophy Club, TX 76262
Donna Ramirez
20 Hillcrest Ct S
Trophy Club, TX 76262
Peggy Gilliland
21 Hillcrest Ct S
Trophy Club, TX 76262 Planning and Zoning Commission Page 57 of 93 Meeting Date: July 18, 2013
Steve and Mindy Connelly
22 Hillcrest Ct S
Trophy Club, TX 76262
Terry G Thomas
23 Hillcrest Ct S
Trophy Club, TX 76262
Joseph A Jessup
24 Hillcrest Ct S
Trophy Club, TX 76262
Scott and Darby Ahlfinger
25 Hillcrest Ct S
Trophy Club, TX 76262
Sujean Brunner
26 Hillcrest Ct S
Trophy Club, TX 76262
Gary and Carrie Davis
1 Valley Wood Ct
Trophy Club, TX 76262
Trudy and Kevin Potts
2 Valley Wood Ct
Trophy Club, TX 76262
Re: 3 Valley Wood Ct
Benjamin C Greer
1101 Melody Ln
Roanoke, TX 76262-9336
Joe Small
4 Valley Wood Ct
Trophy Club, TX 76262
Johnny and Anne Beck
5 Valley Wood Ct
Trophy Club, TX 76262
Re: 6 Valley Wood Ct
Don M Dominey
18 Ridgewood Dr
Trophy Club, TX 76262
Steven D Joslin
7 Valley Wood Ct
Trophy Club, TX 76262
Andrew and Jennifer Roeltgen
8 Valley Wood Ct
Trophy Club, TX 76262
Jeffrey and Linda Weaver
9 Valley Wood Ct
Trophy Club, TX 76262
James P Deaton
10 Valley Wood Ct
Trophy Club, TX 76262
Current Owner
11 Valley Wood Ct
Trophy Club, TX 76262
Carol Yeager
12 Heritage Ct S
Trophy Club, TX 76262
Sandra Stiltner
13 Heritage Ct S
Trophy Club, TX 76262
Kristopher Anderson
14 Heritage Ct S
Trophy Club, TX 76262
Benjamin Gonzales
15 Heritage Ct S
Trophy Club, TX 76262
Eva Wojnar
16 Heritage Ct S
Trophy Club, TX 76262
Re: 17 Heritage Ct S
Nancy Gonzales
15 Heritage Ct S
Trophy Club, TX 76262
Re: 525 Plaza Dr
Hydra Hotels LLC
433 Las Colinas Blvd E Ste 860
Irving, TX 75039-5581
Texas Department of Transportation
Right of Way Division
4777 US Highway 80 E
Mesquite, TX 75150-6642
Planning and Zoning Commission Page 58 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-424-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/12/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26 for a
hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family
residential development. Applicant: Warren Corwin, Corwin Engineering, Inc., on behalf of TC
Hospital, L.P.
Attachments:Staff Report - PZ 071813 -PD-33.pdf
PD-33 Zoning Document.pdf
Application.pdf
Public Hearing Notice.pdf
Property Owner Notification - Packet.pdf
Email - Opposed.pdf
Action ByDate Action ResultVer.
Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26 for a hospital
use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family residential development.
Applicant: Warren Corwin, Corwin Engineering, Inc., on behalf of TC Hospital, L.P.
Planning and Zoning Commission Page 59 of 93 Meeting Date: July 18, 2013
SUBJECT: Public Hearing regarding a request for a zoning change
from “PD” Planned Development No. 26 for a hospital use
to “PD” Planned Development No. 33 (PD-33) for single
family residential. Applicant: Warren Corwin, Corwin
Engineering, Inc. on behalf of TC Hospital, L.P.
Applicant: Warren Corwin
Corwin Engineering, Inc.
200 w. Belmont Dr., Suite E
Allen, TX 75013
On Behalf of: TC Hospital, L.P.
5400 Dallas Parkway
Frisco, TX 75034
Requested Action: Rezone from “PD” Planned Development No. 26
hospital use to “PD” Planned Development No. 33
for high density single family residential development
Purpose: Single Family Residential
Location: This property is located along Trophy Wood Drive to
the south of Hanna Ct. (PD-14)
Size: 5.596 acres
Existing Land Use: Vacant land
PLANNING & ZONING COMMISSION
STAFF REPORT
July 18, 2013
Case No. ZCA-13-022
Zoning Change Request
From “PD-26” Hospital Use
to
Planned Development No. 33 (PD-33)
Hillside Pointe
Planning and Zoning Commission Page 60 of 93 Meeting Date: July 18, 2013
Surrounding Land Use: North: “PD-14” The Villas – Single Family
Residential
South: “PD-25” Trophy Wood Business Center -
Commercial Uses – Hotels, Restaurants, Retail
East: T. W. King/Southlake
West: Trophy Wood Drive
“PD-25” Trophy Wood Business Center and “PD-14”
The Villas – Single Family Residential
Planned Development District Regulations: A planned development (PD) is
on tracts of land not to exceed 250 acres and may include a combination of
different dwelling types and/or a variety of land uses which creatively
complement each other and harmonize with existing and proposed land uses in
the vicinity. The purpose of the district is to encourage creative development of
the land, provide locations for well planned comprehensive developments, and
provide for variety and flexibility in the development patterns of the Town which
promote the health, safety, morals and general welfare of the community. The
Town Council is empowered to grant permits for planned developments only after
review and recommendation by the Planning and Zoning Commission under the
procedure established herein.
For residential development, the following conditions shall prevail:
Planning and Zoning Commission Page 61 of 93 Meeting Date: July 18, 2013
1. The project utilized innovative land development concepts and is consistent
with the Comprehensive Land Use plan and the goals and objectives of the
Town.
The Comprehensive Land Use Plan (Comp Plan) calls for
commercial/professional development on this property, but the development
of this land as high density single family residential is compatible with the
intent of land use in the Comp Plan. The Comp Plan suggests that high
density residential uses are typically located near the periphery of the
neighborhood and on Collector streets. For example, Indian Creek
townhomes are located along Indian Creek Drive and provide buffering
between the single family residential and the high density apartments located
along Highway 114. Hillside Pointe would provide a buffer between PD-25
commercial development, specifically the Holiday Inn currently under review,
and The Villas medium density subdivision.
The Comprehensive Land Use Plan states: “While the Comprehensive Land
Use Plan Map had designated the majority of future residential land area as
estate or low density residential, the use of Planned Developments may be a
method of providing smaller lot residential development where appropriate.
When PUDs are proposed, provision of amenities such as common
recreational areas and gated access may be utilized. It must be understood
that the residential categories shown on the Land Use Plan are general in
nature and should be considered with a great deal of flexibility. At some
locations, residential densities may be larger or smaller than generally
indicated.”
2. Dwelling units are situated such that an appreciable amount of land for open
space is available and is integrated throughout the planned development
The Concept Plan provides an outline of the open space near the gated entry
and along Trophy Wood Drive.
3. The project utilizes an innovative approach in lot configuration and mixture of
single family housing types.
The applicant proposes a private, gated community for an intimate
environment for residents with housing options offering little to no yard
maintenance. The target audience is “empty-nesters” and the housing
options will be one and two story homes. The one story homes will be a
minimum 1,700 sq. ft. and the two story homes will be minimum 1,900 sq. ft.
4. Higher densities than conventional single-family projects of the same acreage
is achievable with appropriate buffering between existing conventional single-
family developments and increased open space.
Planning and Zoning Commission Page 62 of 93 Meeting Date: July 18, 2013
This project is adjacent to medium density housing (The Villas PD-14) to the
north and commercial zoning to the south (Holiday Inn). As noted above and
as suggested in the Comprehensive Land Use Plan, a high density residential
development is considered a buffer between residential zoning and
commercial zoning. .
5. The site exhibits environmentally natural features which should be considered
for preservation and/or enhancement.
The concept plan shows landscaping in the northeast corner of the property
along Trophy Wood Drive, along with open space and landscaping to the
south of the driveway entry. A landscape plan, including irrigation plan, that
meets the Town of Trophy Club Landscape regulations is required with
platting of this project.
6. Aesthetic amenities may be provided in the planned development design
which are not economically feasible to provide in conventional single-family
projects.
The applicant plans a private, gated community with high quality homes with
100% masonry exterior surfaces.
7. The project provides a compatible transition between adjacent existing
conventional single family residential projects and provides a compatible
transition for the extension of future conventional single family projects into
adjacent undeveloped areas.
As noted above, the project provides a compatible transition between
adjacent existing medium density single family residential to the north and
commercial to the south.
Planned Development No. 33
The applicant is requesting a rezoning to a planned development to allow high
density single family residential.
As outlined in the PD development standards the applicant requests:
• Single family detached dwellings in a gated community with private
roadways.
• Minimum lot size: 3,600 sq. ft.
• Dwelling Size: One Story – minimum 1,700 sq. ft.
Two Story – minimum 1,900 sq. ft.
Planning and Zoning Commission Page 63 of 93 Meeting Date: July 18, 2013
• Front Yard: 15-ft.
• Rear Yard: 5-ft.
• Height: Maximum two stories or 40-ft.
Special Paving
Patterned and colored concrete shall be constructed as shown on Exhibit F.
Fencing
Trophy Wood: 6-ft. stone wall
Southern Perimeter: 8-ft. masonry wall and shall be owned constructed, owned
and maintained by the commercial property to the south.
T. W. King: 8-ft. masonry
Northern Perimeter: Existing privacy fencing shall remain.
Public Hearing and Property Owner Notification: As required by ordinance, a
notice of public hearing for this zoning change request was published in the local
newspaper at least 15 days prior to the date of the public hearing by the Planning
and Zoning Commission. Publication occurred on July 3, 2013. In addition,
property owners within 200-ft. were notified of this zoning change request.
Sixty-four (64) property owners received notification. Two property owners sent
emails in opposition to this request. The emails are attached.
SUMMARY: Single family residential could be an appropriate use for this
property as it would provide a transition from medium density residential to
commercial zoning. Staff could support a planned development for single family
residential and therefore recommends approval.
Planning and Zoning Commission Page 64 of 93 Meeting Date: July 18, 2013
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: June 27, 2013
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time/ July 3, 2013 SUBJECT: Rezoning Request –
Hillside Pointe
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
100 Municipal Drive, Trophy Club, Texas 76262
PLANNING & ZONING COMMISSION
Thursday, July 18, 2013 – 7:00 p.m.
TOWN COUNCIL
Monday, August 5, 2013 – 7:00 p.m.
A Public Hearing will be held by the Town of Trophy Club to consider a request
for a zoning change for 5.596 acres of vacant land located on Trophy Wood Drive
just south of Hanna Ct. The vacant 5.596 acres are currently zoned “PD-26”
(Planned Development No. 26) which allows a hospital use. The zoning change is
to request a “PD” Planned Development to allow approximately 35 single family
residential homes on minimum 3,600 sq. ft. lots, amending Ordinance No. 2000-06
P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and
amending the Official Zoning Map of the Town by changing the zoning, providing
that such tract of land shall be used in accordance with the requirements of the
Comprehensive Zoning Ordinance and all other applicable ordinances of the
Town.
The Planning and Zoning Commission will hear this request on Thursday, July 18,
2013, and the Town Council will hear this request on Monday, August 5, 2013.
Both hearings will take place in the Boardroom of the Municipal Utility District
Building, 100 Municipal Drive at 7:00 p.m.
Planning and Zoning Commission Page 86 of 93 Meeting Date: July 18, 2013
Q:\P&Z\PD-XX HILLSIDE POINTE (PREVIOUSLY PD-26)\Property Owner Notification - Text.doc
NOTICE OF PUBLIC HEARING
Planning & Zoning Commission - Thursday, July 18, 2013
Town Council - Monday, August 5, 2013
TIME OF PUBLIC HEARING: 7:00 p.m.
PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom
100 Municipal Drive
Trophy Club, Texas 76262
Zoning Change Request
A public hearing will be held to consider a request for a zoning change for
5.596 acres of vacant land located on Trophy Wood Drive just south of Hanna
Ct. The vacant 5.596 acres are currently zoned as a planned development for a
hospital use. This request is to allow a change in zoning from a hospital use to
a planned development to allow approximately 35 single family residential
homes on minimum 3,600 sq. ft. lots.
Attached is a concept plan of how the developer plans to develop the property.
This request will be heard by the Planning and Zoning Commission on
Thursday, July 18, 2013, at 7 p.m. in the Svore Boardroom located at Town
Hall, 100 Municipal Drive. This request will also be heard by the Town
Council on Monday, August 5, 2013.
All Property owners within 200-ft. of this tract of land receive written
notification of this request. All interested property owners are encouraged to
attend the hearings. Persons wishing their opinion to be part of the record, but
are unable to attend may send a written reply prior to the date of the hearing to:
Town of Trophy Club Telephone: 682-831-4681
Attn: Carolyn Huggins
Community Development
100 Municipal Drive
Trophy Club, TX 76262
email: chuggins@ci.trophyclub.tx.us
Planning and Zoning Commission Page 87 of 93 Meeting Date: July 18, 2013
P
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-423-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/11/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Discussion and Recommendation regarding a request for a zoning change from “CG” Commercial
General to “PD" Planned Development No. 34 (PD-34), Trophy Wood Commercial Center, for a hotel,
restaurants and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of
Trophy Lodging, Ltd.
Attachments:
Action ByDate Action ResultVer.
Discussion and Recommendation regarding a request for a zoning change from “CG” Commercial General to
“PD" Planned Development No. 34 (PD-34), Trophy Wood Commercial Center, for a hotel, restaurants and
retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd.
Planning and Zoning Commission Page 91 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-425-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/12/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Discussion and Recommendation regarding a request for a zoning change from “PD” Planned
Development No. 26 for a hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe,
for single family residential development. Applicant: Warren Corwin, Corwin Engineering, Inc., on
behalf of TC Hospital, L.P.
Attachments:
Action ByDate Action ResultVer.
Discussion and Recommendation regarding a request for a zoning change from “PD” Planned Development
No. 26 for a hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family
residential development. Applicant: Warren Corwin, Corwin Engineering, Inc., on behalf of TC Hospital, L.P.
Planning and Zoning Commission Page 92 of 93 Meeting Date: July 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-426-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/12/2013 Planning & Zoning Commission
On agenda:Final action:7/18/2013
Title:Staff liaison update of current and future items; questions and/or discussion.
Attachments:
Action ByDate Action ResultVer.
Staff liaison update of current and future items; questions and/or discussion.
Planning and Zoning Commission Page 93 of 93 Meeting Date: July 18, 2013