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Minutes P&Z 12/03/2009TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES DECEMBER 3, 2009 The Planning and Zoning Commission of the Town of Trophy Club, Texas met on December 3, 2009, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, and Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Sheridan Present Commissioner Forest Present Commissioner Ashby Present Commissioner Davidson Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Manager David Keener, Applicant Centurion Acquisitions, L.P. Jim Hicks President, EDC 4B Bill Rose Councilman CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:02 p.m. with a quorum present. 1 REVIEW AND APPROVE MINUTES OF THE NOVEMBER 19, 2009 PLANNING AND ZONING COMMISSION MEETING. Ms. Huggins noted that a correction to the minutes is needed. The heading for cases 2 and 3 were identical. The 3rd case should have noted "discussion" rather than "public hearing". Those corrections have been made and Ms. Huggins asked that the motion for the minutes state "as corrected". Commissioner Sheridan motioned to approve the minutes as corrected for the November 19, 2009, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Reed, Sheridan, Ashby Nays: None Abstain: Forest, Stephens, Davidson Action: 4-0-3, Approved 2 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PD-PLANNNED DEVELOPMENT DISTRICT NO. 27, KNOWN AS THE HIGHLANDS AT TROPHY CLUB, ORDINANCE NO. 2007-15 P&Z BY AMENDING EXHIBIT "B" — DEVELOPMENT STANDARDS, SECTION V, NEIGHBORHOOD REGULATIONS, SUBSECTION "J" VILLAGE CENTER, ITEM 1. PERMITTED USES. APPLICANT: CENTURION ACQUISITIONS, L.P. (PD AMD-09-030) Chairman Hill opened the public hearing. Jim Hicks, President, Economic Development Corporation (EDC 4B), and Trophy Club resident, stated that Trophy Club needs more economic development and commercial development for its citizenry and every additional $50,000 in sales tax revenue brings a one cent relief or reduction in personal property taxes to the Town. Given that, as EDC President, he supports this amendment to allow drive through restaurants. There were no others wishing to speak and the public hearing was closed. 3 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST TO AMEND PD-PLANNNED DEVELOPMENT DISTRICT NO. 27, KNOWN AS THE HIGHLANDS AT TROPHY CLUB, ORDINANCE NO. 2007-15 P&Z BY AMENDING EXHIBIT "B" — DEVELOPMENT STANDARDS, SECTION V, NEIGHBORHOOD REGULATIONS, SUBSECTION "J" VILLAGE CENTER, ITEM 1. PERMITTED USES. APPLICANT: CENTURION ACQUISITIONS, L.P. (PD AMD-09-030) David Keener, Centurion Development, stated that they are trying to keep this application simple by asking for a restaurant with drive-in. They don't believe that a full service restaurant is practical for this tract now that liquor sales are virtually impossible with schools and a church on three sides of the tracts. They hope that a drive through restaurant will be marketable on these sites. Ms. Huggins stated that an exhibit was given to each of the Commissioners this evening that is similar to the exhibit included in the packet, but the new exhibit includes the drainage easement along the east side of Tract 2. The easement is centered along the property line of the church property and Tract 2. This exhibit also lists the street frontage for each of the tracts. Tract 1 has 256-ft. of frontage along Bobcat Blvd. Tract 2 has 567-ft. of frontage along Bobcat Blvd. Tract 1 also has Parkview frontage of 586- ft. This frontage allows access to Tract 1 along either Bobcat or Parkview; however, there is a center median along Bobcat Blvd. in front of Tract 1. Staff would not wish to allow a cut in the center median. There is room along Parkview for a driveway where cars can enter and exit in either direction. For Tract 2 the access would be along Bobcat Blvd. and there are no center medians on Bobcat between Parkview and Trophy Club Drive. Ms. Huggins stated that the Town Engineer provided the information that a small fast food drive through, a small Sonic for instance, usually sits on 1 to 1-1/2 acres of land. Based on those calculations there is a possibility of putting at least one and possibly two drive through restaurants on Tract 1. On Tract 2, no building would be allowed over the drainage easement, but since it is a buried culvert, it could be paved and parking could be placed over the drainage culvert. Ms. Huggins stated that the church has indicated an interest in sharing parking with Tract 2. Ms. Huggins stated that as Mr. Hicks mentioned, Trophy Club is in need of sales tax revenue. Staff is working with the developer to encourage development of these tracts and if allowing drive through restaurants in Village Center would help stimulate economic growth in that area, staff would be in support of those efforts and therefore recommends approval. Chairman Hill stated that this request is for a change in the zoning allowances for these tracts. Any discussion concerning what might be done in the way of development or division of this can be discussed at platting or site plan approval. At this time, the Commission is looking at the uses and zoning. Vice Chairman Stephens stated that he doesn't see a problem with developing drive through restaurants at either Tract 1 or Tract 2. He stated that he would like his taxes to go down. Commissioner Reed stated that he has no objection. He thinks it is a good idea with the schools nearby. Chairman Hill noted that Byron Nelson High School is a closed campus and the students are not allowed to leave the campus at lunchtime. However, before and after school traffic would impact nearby restaurants. Chairman Hill also stated that the high school has at least two franchise restaurants in the cafeteria. Ms. Huggins stated that earlier in the day she confirmed with the school district that there is a Subway and Pizza Hut in the cafeteria of Byron Nelson High School. Commissioner Ashby stated that he is fine with it — "let's get the taxes rolling". Commissioner Davidson asked for confirmation that it is only the drive through piece under consideration this evening. Chairman Hill confirmed that it is. Commissioner Davidson stated that he has no objection. Commissioner Forest is concerned about the access for Tract 1. He stated that the school traffic could create a tie-up. Commissioner Forest stated that he did not see a problem with Tract 2. Vice Chairman Stephens stated that before the new intersection was created he had complained to the Town Manager about parents stopping on Marshall Creek Road to pick up children. He agrees with Commissioner Forest that traffic could be a problem, but he believes it's a problem that could be solved. He recommends that the Town Police keep traffic moving there rather than letting people park on the roadways and backing up traffic since other cars can't go around or pass. Ms. Huggins stated that there is also a plan in the works to create another drop off at Medlin Middle School behind the school. Parents traveling east on Marshall Creek Road will be able to turn into the school without having to go as far as Bobcat Blvd. Commissioner Reed stated that most of the bus traffic doesn't coincide with meal times anyway. Commissioner Sheridan stated the following: "I was at the commercial realtor breakfast this morning and spec building is not expected to occur, is not forecasted, for three to four years. So, any commercial is going to be build -to -suit. Build -to -suit is going to piecemeal the last vestiges of any commercial property we have and screw it up royally. Right now the church has taken 50% of our remaining property for any commercial use, sales tax or ad valorem personal taxes. Losing the hard corner of Trophy Club Drive and Bobcat really messes up any commercial uses. Tract 1 is obviously up against all the schools and Tract 2 is in the middle of the block. We didn't have much to work with, but we have little to none to work with now. Because of that, before we make any changes in any manner to the PD, I think due diligence, closer scrutiny, on our part for the remaining tracts is absolutely necessary. The other thing is -- opening up the PD in any manner -- opens up all to be discussed or changed. Any change to this PD needs to be considered in the whole, meaning it needs to be coordinated in a concept -- traffic flow, landscaping, parking, the whole bit. We can't leave the church out by itself. For example, Tract 1, 2.5 acres, you let a drive through go on there, he takes up an acre to an acre and a half and you've got an acre left, you've screwed it. You've literally messed it up. The other thing is traffic. Major traffic chains are not coming in there to this location for that type of use. The minor chains that try to tag along with the majors are not going to want it. The smaller chains will take it. We've already had one of those fail on Highway 114. We do have some experience. Up there at the 7-Eleven used to be a drive through restaurant. The drive through of any significance is going to want its own architectural marketing methods which would be totally inconsistent with anything we've put down today in signage or fagade. Having said that, I'm against it. Voting against. If it should go forward, I am going to request this: (1) delete the following uses that are currently permitted in the PD: Community Facilities to include libraries; Municipal facilities to include Fire, Police, and EMS; Religious Institutions; Schools, Private or Public. Those are all non -sales tax or high revenue ad valorem tax issues. We're down to 7-acres in this Town and that's it. (2) Is the service level of a drive through restaurant the same as a retail and municipal use as far as a traffic study goes; and is the statement "would not cause detrimental impact to the traffic conditions" from Teague Nall Perkins or from staff?" Ms. Huggins stated that the traffic impact analysis was completed by Carter Burgess (now Jacobs Engineering). Commissioner Sheridan asked if Carter Burgess represents the Town or the developer. Ms. Huggins replied that at the time that the TIA was done they represented the developer. Commissioner Sheridan asked if the report states that a drive through restaurant would not be detrimental. Ms. Huggins replied that it does not specifically call out drive through restaurants. She stated that the traffic study for the Village Center area addresses retail and municipal traffic, and the TIA also looks at the Village Center facility as a second tier retail operation and, as stated by Commissioner Sheridan, most likely the major and minor chains will not be attracted to this area, but instead smaller chains will take it. The traffic impact study took into account lower tier retail operations for the Village Center area. Commissioner Sheridan stated that if this is approved, in addition to the two items requested above, his third request would be to change the following statement in the PD which addresses the Architectural and Site Design Standards. It currently states: "These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements." Commissioner Sheridan would remove "except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements." With those statements removed, the design standards would apply to all permitted uses. Commissioner Sheridan stated that drive throughs were excluded from the original PD for a reason. He stated: "It was discussed at that time. The `third tier' rings a bell as far as what would go there and it's not really a compatible use to the area. Vacant land is better than poorly developed land as far as we're concerned when we're down to 7- acres. I'd also like to recommend that the City discuss with the developer swapping some land. Turn that corner of Parkview and Bobcat into commercial property and give up some parkland. I know that is heresy in this Town, but we ought to look at it. The best corner for a drive through if I were a landowner trying to sell a piece of property, I am going to sell that one to one and a half acres hard corner of Parkview and Bobcat to a drive through and [unintelligible] the rest of it. This is our last time to get a viable commercial development. We need to have a total preliminary concept plan in mind. We need to not allow any further subdivision of it." Commissioner Ashby stated that the barbeque place in 7-Eleven never existed. They built a building with a drive through but the Town never allowed them to operate it. That's why it sat there. They were never allowed to use the drive through. The Town never approved it. Ms. Huggins added that several businesses, the most recent being a Dunkin Donuts, had inquired about that building, but 7-Eleven was not willing to share their building with that business as 7-Eleven did not want a competitor taking away their coffee and donut business. There is interest in that building and drive through but the business owner most recently declined the interested party. Commissioner Sheridan stated that Highway 114 is different from Bobcat Blvd. He stated: "Village Center needs to be done in a cogent manner, totally. If any piecemeal is allowed — a day care center, one building to take out an acre, you screw the rest of it. That's my opinion." Chairman Hill stated the following: "I think this is a very inappropriate place to talk about putting a drive through restaurant for these reasons: (1) proximity to the schools; (2) the lack of traffic that this has that would be attractive to a drive in restaurant is that you essentially have ingress/egress to residential properties and school traffic to the high school, and middle school and elementary school down Parkview. I cannot see that it would attract any drive through business owner who did a survey of the potential market to put in substantial upscale restaurant as Dennis commented to. If we put the zoning in there, the property owner would have the opportunity to solicit potential people who would build the restaurants in there, but I can't see that it would override the problems that would be developed in trying to draw customers to whatever business establishment... [unintelligible]". Commissioner Reed asked if there is any specific customer in mind for these tracts. Mr. Keener responded that the developer has talked to several drive through type restaurants but no one specific that can be named at this time. Mr. Keener stated that this is a "B" commercial site and they are trying to find something that will go in there that will generate some sales tax versus a church or day care. This is not a 114 tract, it is a "B" or sub -arterial road. Vice Chairman Stephens stated, "Chairman Hill, I hadn't thought of something Dennis pointed out but I like the concept, and that is maybe renegotiating with the City and with Centurion and involving the church piece of property. Also, that if we draw the south boundary of Tract 2 over to Parkview and then create a decent piece of property there and give up some of that angle business to the church or to the City park, or the City park take that bottom portion down there that abuts the recreation center, could there be some realignment there such that the acreage stays the same but it does create a more desirable tract for the City of Trophy Club." Commissioner Sheridan stated, "You're going with heresy if you are going up against the Parks and Rec Department in this Town." Mr. Keener stated that, "many moons ago" the Parks Department proposed that we do that. We were for that. Ms. Huggins stated that the Town has already spent a substantial amount of money over the past year designing Northwest Park. She stated that she believed they would be reluctant to redesign the park as there is a design in place; in addition, the recent passing of the park bonds could be impacted by a redesign of this park. Ms. Huggins stated that the Town has also answered questions from the church's architect in regard to commercial development of a portion of their acreage. The church bought 7-acres but has indicated that they are not interested in developing the entire 7- acres as a church. It's possible they will sell the corner of Trophy Club Drive and Bobcat for commercial development, but the church hasn't owned the property for very long and they aren't sure at this point how they want to develop it. The church property is in the very preliminary stages of ownership. Mr. Keener stated that Ms. Huggins comments are consistent with the discussions he also has had with the church. Commissioner Sheridan stated, "For this acreage to function as an `added value' to the Town, we need a master plan. Mr. Keener knows that I talk out of both sides of my mouth because I've been out on his side talking for this stuff. Thinking strictly for the Town now, we need a master plan. We need to somehow limit the subdivision of these remaining tracts if it doesn't meet that master plan or preliminary concept so therefore we don't find ourselves with a piecemeal effect. This is where our EDC can come in big time and assist the developer and landowner in getting what's best for the Town and getting what's good for the developer so it's a win -win situation." Vice Chairman Stephens stated: "I like the idea of a master plan so that we know where we are going. It would eliminate the potential to misuse the land and maximize the use of the land for the City." Commissioner Reed stated: "A master plan would be nice, but we are looking at small tracts here. The current economic situation and the foreseeable doesn't look too good for years and years to come, and every day somebody in Washington says something that makes that look even worse. You might come up with a master plan that looks great and it might be 15 years before you get any of it developed. The developer is not going to be able to come up with the type of businesses that you want there. You said that vacant land is better than poor development. How do you know that this is poor development? At least it will bring in some revenue to the Town as soon as they get it done — not 10 or 15 or 20 years from now." Commissioner Sheridan stated that poor development can mean a variety of things and he stated that he is usually for the landowner doing what he wants with his land, but for the Town to allow a third -tier drive through restaurant to eat up that hard corner of Parkview and Bobcat would leave a remaining one acre extremely hard to get any viable entity in there. He stated that what he means by a master or preliminary concept would be very similar to what was given when Tom Thumb came in. They made changes to it and it's not exactly what they presented the first time, but it was a basic outline of a commercial development as a whole. Commissioner Reed stated that the economy was in a lot different situation at that time. It was very foreseeable that they could find businesses to go in there. Commissioner Sheridan stated that hopefully he will still be here in 15 years and he wants this developed to the maximum benefit, not a short-term, "let's get somebody in here tomorrow". Commissioner Reed responded that he doesn't agree. Commissioner Ashby stated that he is fine with the request to allow the drive throughs. He has concerns with the feasibility of Tract 1 along with the wedge on the back of Tract 2. With the property being sold to the church already, there isn't a whole lot that can be done. He feels voting on this positively won't hurt or change anything that could possibly go on there with the addition of the drive throughs and maybe some of the suggestions that Dennis made could be done to make sure that other kinds of unwanted entities don't occur. Perhaps drive throughs should be removed from Tract 1 and only allow them on Tract 2. Commissioner Davidson stated that the only thing on the agenda tonight is drive throughs. He agrees that this is broken up into pieces that are questionable, but with Tract 1, chances are the person who owns it will sell it all as one shot. To break it up means they are going to be hung to dry with one piece of land that they can't do anything with so they are going to.... Commissioner Sheridan stated: "...same philosophy that Clayton just said. You come to me, you're paying my price, you want an acre and a half, you got it. Don't count on the developer holding out to sell the tract together." Commissioner Davidson: "Not necessarily counting on it, but I would think that in this particular instance, since it is such a small tract of land, that to part that out means they are left holding the bag for that last piece forever because it is not usable at that point. That's my theory. You take an acre and a half out of that and you are left with one acre and you're not going to be able to put anything on that of commercial viability. It would not be in their best interest to do that. We can protect ourselves to a point. I don't know that we can do it to the extent that we absolutely mandate what the exact use has to be, which is where we are starting to tread here ever so delicately. Yes, it would be nice to have this planned out. That would be a wonderful thing. We are a little late to the party unfortunately and we blew our chance on that one in the last meeting back in, I believe, it was May, to make that happen. That's my opinion of that piece. So, if we can work with the church and get a piece of land, that's great. I would hope the developer would look at the smaller tract of land and develop it accordingly and not try to parcel it out to where you end up with a dead space that somebody is going to pay the property taxes on eventually." Commissioner Reed: "As he pointed out, the only thing we are voting on here is whether it is going to have a restaurant with a drive in or just a plain restaurant. I don't see the point in all the rest of this conversation." Chairman Hill announced that Councilman Rose [in attendance in the audience] asked to make a comment. Councilman Rose stated: "Good evening. Let me start by saying I appreciate the work you gentlemen do. Just one comment: I wanted to clarify very briefly and make sure that perhaps I unlock part of the puzzle. The comment that the Parks and Recs, as a result of the bond issue, are pretty well locked up on this design phase. For the Parks and Recs part, I wouldn't make that too hard a fact. I do know that Parks and Recs have planned one development for that area. Based on initial design sizes that they had, when they got the second study back in, what they'd originally proposed would no longer work. So because of this odd shape of property that they are looking at, I would opine that Parks and Recs might be interested to see if there might be a rearrangement of the property to allow a more optimum siting of the baseball fields in particular." Commissioner Reed asked to make one more comment. "The way things stand right now we can put a restaurant in. I don't see why it makes a difference whether it's a restaurant without a drive in or a restaurant with a drive in..." [Commissioner Reed continued to speak but it's unintelligible as Commissioner Sheridan also began to speak.] Commissioner Sheridan: "...which is a very minor point and Chairman Hill made some very appropriate comments, but let me just say that if we do nothing tonight, if the developer says "I withdraw" and it goes away, he can build under the normal circumstances. As we go, he can piecemeal it. He can do all the things that I am afraid may or could happen. Anytime any applicant requests a change to the PD, that opens the entire PD up for discussion and change. It doesn't have to. We're only talking about one item here, but if we have any leverage, if we have any method of bettering it, the minute he says, "I want to change a word in...", it opens that up for us to obtain something better than what we've got. That's where I'm at." Mr. Keener stated: "We won't sell any more property to a church. We now have some time where we can do something else with the rest of this tract, but it's hard to get excited about a master plan for this small tract. If the Town wants to do that we can work with the Town on that. We're open to looking at the parkland. Really, what we are trying to do is market Tract 1 as two drive through restaurant sites. We do plan on splitting it up into two marketable tracts. As far as the traffic, I don't think traffic is a problem here because this is a secondary commercial. Traffic study was done not specifically for a drive through but as a whole tract of retail. With half of it a church, obviously if the roads could handle 14-acres of retail, they can now handle seven of whatever." Commissioner Sheridan: "Let's not get too tied up with my use of the words master plan. Preliminary plans. Preliminary concept. A preliminary concept on a commercial basis in other towns (Allen, for instance), preliminary concept ties in drive cuts. You said you are going to sell Tract 1 to two entities. And, by the way, in May I was for drive throughs. But by doing it at two different times you've got one that wants to build this year and one that wants to build next year, you've divided up the property where it's so small at two and a half acres for that type of use, it has to be thought of as one piece as far as drive cuts and traffic patterns. Had we done this we wouldn't have had as much problem with the Taco Bueno coming in back then. I may not be using the right term — master plan — but the idea is that it has to be treated as one and if you want to have two building pads or whatever that's fine and that's not unusual in the commercial avenue of development or you're going to find yourself with a snow cone, which would probably be great for sales tax." Reed, Sheridan and Keener went back and forth with additional comments. Vice Chairman Stephens interrupted Mr. Keener: "Chairman Hill, we've discussed this back and forth about four times and I am going to try to expedite this if I can." Commissioner Sheridan stated: "Make a motion." Vice Chairman Stephens: "I move that we strike the words on page 12 "without drive- ins" from Item 'Y' and, with a note to the City Council, because they are the ones who are going to make the decision, in light of what one of the speakers said, that Parks and Rec has not locked in concrete their plan and the City Council may be able to negotiate with Centurion some rearrangement of that corner there that would be more marketable for Centurion and the City." Commissioner Reed seconded the motion. Chairman Hill called for a vote. Commissioner Forest asked for a repeat of the motion. Chairman Hill repeated the motion and called again for the vote. Ayes: Hill, Reed, Ashby, Davidson, Forest, Stephens Nays: Sheridan Action: 6-1, Approved Vice Chairman Stephens asked that his comment be communicated to the City Council that they look into renegotiating that portion of land that is in the park now at the corner of Parkview and Bobcat and also the corner of Bobcat and Trophy Club with the church. Chairman Hill asked when this case will go to Council. Ms. Huggins stated that it will go to Council on January 4, 2010. ADJOURNMENT Chairman Hill adjourned the meeting at 8:00 p.m. Ge ill, Ch rman 0:�q� Carolyn Huggins, Planning'& Zoning Manager TR co