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Minutes P&Z 04/19/2007 Planning & Zoning Commission Page 1 of 6 April 19, 2007 Minutes MINUTES OF A PUBLIC HEARING AND REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION April 19, 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on April 19, 2007, at 7:00 pm in the Svore Municipal Building Boardroom, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Stephens present Commissioner Ashby absent – late notice Commissioner Moss present Commissioner Reed present Commissioner Sanchez present Commissioner Sheridan present STAFF AND GUESTS PRESENT: Brandon Emmons Town Manager Tom Rutledge Town Engineer Shannon DePrater Interim Planning & Zoning Coordinator Mickey Thomas Applicant, MJ Thomas Engineering. LLC Mehran Aghili Applicant, Construction Manager, NISD Todd Price Applicant, Southwest T.O.O. Development LLC Mark Carr Applicant, Carr Homes Mr. & Mrs. Bagley Applicant, Bagley Family Revocable Trust A.1 Call to order and announce a quorum. Chairman Hill called the meeting to order at 7:00 pm. Chairman Hill asked for a consensus to move agenda item C.2 forward so the applicant can go to another appointment. C.2 Discuss and take appropriate action relative to a Final Plat for approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07- 011) Chairman Hill gave a brief history of this development: Prior to annexation the owner submitted its intent for land use. The municipality may not restrict newly annexed land of its intended land use. Therefore, the Town cannot enforce the current zoning restrictions at this time and we must allow lots that do not meet our zoning requirements. The lots are considered nonconforming R-15 lots and must be approved as submitted. Chairman Hill encouraged Mr. Price to rezone to smaller sized lots to comply with lesser zoning, so they would no longer be classified as nonconforming. This would be a protection for the land owner. Planning & Zoning Commission Page 2 of 6 April 19, 2007 Minutes Mr. Price presented a rough drawing of the front gates of the development and stated that the development will be surrounded with a stone wall. Chairman Hill mentioned that there were a couple of typographical errors that need to be corrected before going forward to Council: • Under Notes #3 – designated and creek are misspelled • County of Denton, incapacity is misspelled • Highway is wrong in the vicinity map, should be HWY 377, not HWY 35 • Utility easements need to be shown on individual lots Commissioner Reed stated it was a lot of houses for having only one way in and out. Mr. Price stated he checked with the Fire Marshall to ensure that the turn radius was adequate. A motion was made to recommend approval with stipulations that the corrections be made before going forward to the Town Council. Motion: Stephens Second: Sheridan Ayes: Hill, Stephens, Moss, Reed, Sanchez, Sheridan Action: 6-0 Motion carried. PUBLIC HEARING B.1 Public Hearing: Consider a Replat for 5 and 7 Stephens Court, also described as Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011) A motion was made open the Public Hearing at 7:11 p.m. Motion: Stephens Second: Reed Ayes: Hill, Stephens, Moss, Reed, Sanchez, Sheridan Action: 6-0 Motion carried. Mark Carr of Carr Homes addressed the Commissioners. Mr. Carr is requesting a replat for a home addition and garage extending onto the owner’s second lot. A motion was made close the Public Hearing at 7:13 p.m. Motion: Stephens Second: Moss Ayes: Hill, Stephens, Moss, Reed, Sanchez, Sheridan Action: 6-0 Motion carried. REGULAR SESSION C.1 Discuss and take appropriate action relative to a request for Replat for 5 and 7 Stephens Court, also described as Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011) Chairman Hill stated that this was a straight forward application with the home on lot 9 and the applicant asking for consolidation of two lots into Lot 8-R, A motion was made to recommend approval. Planning & Zoning Commission Page 3 of 6 April 19, 2007 Minutes Motion: Reed Second: Moss Ayes: Hill, Stephens, Moss, Reed, Sanchez, Sheridan Action: 6-0 Motion carried. C.3 Discuss and take appropriate action on a request for Preliminary Plat approval for Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, NISD High School No. 2, being 92.655 acres of land located in the T. Calaway Survey, Abstract 272, the T. Kelly Survey, Abstract 704m and the J. Henry Survey, Abstract 529. Applicant: MJ Thomas Engineering, LLC. (PP-07- 015) Mickey Thomas of MJ Thomas Engineering, LLC addressed the Commissioners. Mr. Thomas stated that they are working on the primary public utility line that runs along with the 15-foot water easement. They are working in conjunction with the Town on getting a 12-inch waterline to help support the proposed elevated storage tank on the northwest corner of the site. NISD is agreeing to pay for an 8-inch water line and the Town will pay for the remainder of the 12-inch water line. There will be a 90-foot right-of-way dedicated along the western edge of the site for the Northwest Parkway road, which is to be the extension of Marshall Creek Road. Marshall Creek Road will be widened in conjunction with all of the road improvements for the High School site. Chairman Hill asked Tom Rutledge for his concerns or comments. Mr. Rutledge stated there is an agreement being worked out between Roanoke, Marshall Creek and Trophy Club to construct the additional road that will make a second connection to HWY 377. This will be a major component for the High School, creating an additional lot block and helping with control of traffic congestion. The Highlands Developer is going to aid in this as well. Brandon Emmons commented that parkland dedication will not be reduced with the new road alignment. The developer will match acre for acre and the move of parkland will be a better use of the land. Commissioner Sheridan stated that the plans are inadequate in size for review and that he recommends to postpone and table and request larger documents for review. He then asked Chairman Hill if he could talk about traffic issues. Chairman Hill stated no, this was not on the agenda and we would be stepping out of bounds of the preliminary plat discussion. Commissioner Sheridan went on to state that the lighted athletic fields that abut the new development will create light, noise and traffic after hours and he would not vote for it. A motion was made to postpone and request full size documents to review. Motion: Sheridan Second: Moss Mr. Thomas stated that the plats were provided according to Town requirements. Commissioner Reed stated he would have liked a larger size, but does not see how we can postpone since staff requested this size. Vice Chairman Stephens asked Mr. Thomas if he could provide larger documents and what it would do to his schedule if the commission voted to postpone this agenda item. Vice Chairman Planning & Zoning Commission Page 4 of 6 April 19, 2007 Minutes continued to state that any postponement would greatly hinder the work and we should not use this for an excuse to postpone. Mehran Aghili stated he understands the document size issue and he is willing to review each document, line by line with the commission. Vice Chairman Stephens stated that he appreciates Mr. Aghili’s comments and does not want to slow the process. Brandon Emmons stated that the size submitted is what the Town requires and he does understand the issue and he would have liked to have known about the size issue sooner to have larger documents prepared for adequate reviewing. Ayes: Sheridan Action: 1-4-1, with Commissioner Moss abstaining Motion failed. Commissioner Sanchez stated he understood Commissioner Sheridan’s concerns of the location of the athletic fields. The only concern Commissioner Sanchez had was that the grades and drainage were very hard to read. Mr. Thomas stated that the drainage areas are shown and he was only asked to show the drainage area of the site and provide flow calculations, cross sections will be forthcoming. Tom Rutledge stated that he has had two reviews with Mr. Thomas. The initial review was submitted with half sizes and he asked Mr. Thomas to resubmit with 24x36 plans and they were provided for his second review. Mr. Rutledge went on to state that since this is the preliminary plat, it is not typical to get into all the finite details, just make sure the drainage areas conform to the natural terrain and they are in line with how the topography lay out. It looks like the drainage is going where it has always gone. When the final is submitted, final engineering calculations are required to support pipe sizes and the channel size. At least at this stage, Mr. Thomas is showing he is providing adequate water and general drainage access. Mr. Rutledge stated that the sanitary sewer line is being provided by The Highlands and asked for an agreement to guarantee the sanitary sewer and development guidelines will be there. He also stated that everything seems to conform to the Town standards and what has been submitted is a concept plan and the site plan will be submitted separately; the applicant has met the requirements and can move forward. Vice Chairman Stephens stated if Mr. Rutledge is satisfied at this stage, then he’s satisfied because Mr. Rutledge has reviewed them at length and with a larger size. Commissioner Moss stated he had concerns regarding the sports field location and asked if the location will be looked at again in more detail. He also stated that he understood that the building could not be moved and has no issue with what is before them tonight. Commissioner Reed stated he had the same questions as Commissioner Moss and asked if the fields were lighted and if they had activity at night. The fields will be used for both school and Town activity. Planning & Zoning Commission Page 5 of 6 April 19, 2007 Minutes Mr. Rutledge stated that there are three steps to the process; the first being the preliminary plat, then the site plan and then the final plat. The final plat will be reviewed extensively and the developer is aware of the review process. Restrictions of the height of the lights will be reviewed to make sure they meet the photometric requirements. Chairman Hill asked Brandon Emmons to clarify the block of land for the future water tower. Mr. Emmons stated that one requirement for the Town to secure a water source for The Highlands Development was the consideration of the construction of a 500,000 gallon water storage tank. At the request of the district, there is currently a section behind Medlin that was dedicated by plat to the Town for a future water tank; because of the size constraints at Medlin, they negotiated to swap and put the water tank on the farthest northern point of the Town. The details are still in design stages, but could possibly hold some sort of office/storage space and possibly the second substation for the fire department. The storage tank will be a 500,000 gallon composite tank, similar to the existing tank on the east part of town. Commissioner Sheridan asked when the meeting of the building location/requirements took place. Chairman Hill answered that the location of the building was shown when the zoning came forward and that the High School has to go where it’s located because of the topography drop off of the land and building design. Commissioner Sheridan stated that since this preliminary plat has the site plan included in the submission then approval of the preliminary plat will give quasi approval of site plan and also stated his continued opposition. Commissioner Sheridan went on to say, “The closer they get to a final plat, the less ability we have to make any changes as long as they keep meeting the requirements and I’ll continue with my opposition.” Vice Chairman Stephens stated he prefers to have the building on the back side of the lot instead of having a commercial type building butting up to the residential area. This allows the ball fields to work as a buffer zone and also provide more security for the building. Vice Chairman Stephens also said, “I like the green, it is a good break and will look like a park while not having a commercial building right next to the street.” Commissioner Moss asked if there have been any issues reported with any of the other parks and lights. Brandon Emmons stated that the only complaints have been when there is no one present and the lights are left on. The Town has taken steps to automate the lights and is able to remotely turn the lights off when no one is there. No residents have complained about light flooding into the residential areas. Brandon Emmons stated that, from the Town’s perspective, the location of the fields will be a positive – and he appreciates Vice Chairman Stephen’s comments - because of joint use the proposed location lends itself to better use. A motion was made to recommend approval. Motion: Stephens Second: Reed Commissioner Sanchez asked about landscape or tree buffer. Mr. Thomas stated he is currently working on grading to include trees and berms. Chairman Hill stated that landscaping is part of the final plat and cannot be discussed at this time. Planning & Zoning Commission Page 6 of 6 April 19, 2007 Minutes Ayes: Hill, Stephens, Moss, Reed, Sanchez Action: 5-1-0; with Commissioner Sheridan voting against. Motion carried. C.4 Review and approve minutes. A. 5 April 2007 A motion was made to approve the April 5, 2007 minutes as written. Motion: Moss Second: Reed Ayes: Hill, Stephens, Moss, Reed, Sanchez Action: 5-0-1; with Commissioner Sheridan abstaining. Motion carried. C.5 Adjournment. Chairman Hill adjourned the meeting at 8:02 pm.