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Minutes P&Z 02/19/2009 TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 19, 2009 The Planning and Zoning Commission of the Town of Trophy Club, Texas met on February 19, 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 Coordinator Mellany Gibbon Trophy Club Women’s Club Bill Durham Gallery Custom Homes Kyle Salzman Jacobs Consulting David Keener Project Manager, Centurion American CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. 1 REVIEW AND APPROVE MINUTES OF THE DECEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING. Vice Chairman Stephens motioned to approve the minutes of the December 18, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Davidson Nays: None Abstain: Ashby (absent on December 18, 2008) Action: 6-0-1, Approved 2 DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A TEMPORARY USE REQUEST FOR TWO COMMUNITY GARAGE SALE EVENTS GRANTED BY SPECIAL PRIVILEGE. APPLICANT: MELLANY GIBBON, CO-CHAIRPERSON, TROPHY CLUB WOMEN’S CLUB. Chairman Hill called the applicant to come forward. Mellany Gibbon, Co-Chairperson, Trophy Club Women’s Club. Ms. Gibbon stated that she is before the Commission this evening to seek approval to hold two community-wide garage sales in 2009 – one on April 18 and the other on October 10.She stated that they will be asking the Town Council to waive the permit fees as all funds generated by these events are donated back to the community and local charities. Ms. Gibbon thanked the Commission for their consideration of this request. There were no questions or comments from the Commission and the Chairman called for a motion. Commissioner Sheridan motioned to recommend Town Council approval of this request. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Davidson, Ashby Nays: None Action: 7-0, Approved 3 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR OFF STREET PARKING FOR MODEL HOMES IN PLANNED DEVELOPMENT NO. 27, NEIGHBORHOOD 2, PHASE 1A, FOR A PERIOD OF TIME OF NOT GREATER THAN ONE YEAR. APPLICANT: BILL DURHAM, GALLERY CUSTOM HOMES. Chairman Hill called the applicant forward. Bill Durham, Gallery Custom Homes, requested approval for a parking lot at 2416 Trophy Club Drive which will serve as the parking lot for the Gallery Custom Homes’ model home. Ms. Huggins, Planning & Zoning Department, stated that this request has been reviewed by staff and although Gallery Custom Homes was willing to put in a few trees on the parking lot site staff asked that the trees be removed and replaced with smaller landscaping that can more easily be removed when the parking lot is no longer needed and a single family home is built on the lot which would require removal of pavement and landscaping. The applicant has complied with staff’s request. Staff recommends approval of this request. Commissioner Ashby requested hash marks across the driveway from the van access parking space to the walkway. Mr. Ashby also asked that the applicant work with the Building Inspector, Chris King to ensure that the walkway from the parking lot to the front entrance of the model home is ADA compliant. There were no other comments or questions from the Commission and the Chairman called for a motion. Commissioner Ashby motioned to recommend Town Council approval of this request. The motion was seconded by Commissioner Sheridan. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Davidson, Ashby Nays: None Action: 7-0, Approved 4 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PD-PLANNED 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: HIGH TROPHY DEVELOPMENT, LLC REPRESENTED BY JIM WIEGERT, JACOBS (PD AMD-09-030) 5 DISCUSSION AND RECOMMENDATION REGARDING AN AMENDMENT TO PD- PLANNED 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: HIGH TROPHY DEVELOPMENT, LLC REPRESENTED BY JIM WIEGERT, JACOBS (PD AMD-09-030) Chairman Hill announced the case and explained the protocol for a public hearing. The public hearing was opened and the Chairman called the applicant forward. Kyle Salzman, Jacobs Consulting, representing High Trophy Development, LLC came forward and stated that they wish to change the list of permitted uses for Village Center in PD-27. Mr. Salzman’s client is asking that the uses be amended to include those uses shown in the packet. David Glaser, 15 Overhill Dr., stated that he is a member of the Parks and Rec Board, Trophy Club Park Subcommittee, and EDC4B. He would like to see commercial development that will generate sales tax revenue for the Town of Trophy Club, which is badly needed as very little space is available for commercial development in the Town of Trophy Club. He would also like to see this property developed in an aesthetically pleasing way. Before Mr. Glaser joined EDC4B, the Board conducted a survey among citizens regarding the types of establishments they would like to see. Mr. Glaser looked at this list with those things in mind. He stated that many of the businesses requested by the applicant are what Mr. Glaser would consider to be non-sales tax revenue producing entities. He stated that administrative or business corporate headquarters, consumer and mercantile credit reporting, engineering, and family home/group home will not generate sales tax. Mr. Glaser stated that the area is located next to Northwest Park and the Commission should consider the fact that there will be a lot of kids running around in the park area and businesses should be compatible. He stated that once this decision is made the Town will not have any way to stop an allowable use from going in there. th From a previous Town he lived in, he was told, “we don’t need a 37 dry cleaner in the Town but we can’t stop it.” He would like input and thought ahead of time for what will be allowed. Mr. Glaser stated that ridership has increased lately in Trophy Club Park. Two weekends ago there were over 300 people riding motorcycles or ATVs in that park. He suggested businesses that cater to that ridership might be interested in being located in Village Center. He feels a good look should be taken at this overall request. Ms. Huggins gave a staff report explaining that this request will amend PD-27 specifically regarding permitted uses for the commercial portion of PD-27 which is known as Village Center. The currently allowed uses are on Page 26 of the Commissioner’s packet and the uses the applicant is requesting are listed on Pages 26 and 27. Staff recommends approval of this request, in general, but there are some specific items staff wishes to bring to the Commissioner’s attention. Staff hopes to encourage the developer to consider businesses that will produce sales tax revenue for the Town. Of the additional permitted uses requested by the applicant, several are more desirable than others because of the sales tax revenue that could be generated. In addition, the developer has been given a list of retailers that could be a good match for the Town of Trophy Club versus those that are already located in the surrounding communities. Ms. Huggins stated that the request for a “family home” must be deleted as it will not fit in the Village Center zoning district. The Human Resources Code requires that a family home be located in a caretaker’s own residence and Village Center is commercial zoning which does not allow a residence. A “group home” could be allowed, as per the Human Resources Code, it is defined as a day care facility. Restrictions include not more than 12 children, none can be older than 14 years of age, and it cannot be a 24-hour operation. Ms. Huggins stated that there is the potential for another day care coming forward in the Town close to the Tom Thumb shopping center, as well as other day care operations already established in the Town so staff does not feel a day care is ideal for Village Center. Staff asks that retirement home/nursing home be removed from the list of permitted uses as those types of facilities increase EMS runs and the Town does not have the funds to handle an increase in EMS runs at this time. Chairman Hill closed the public hearing and moved to discussion of this item. Chairman Hill asked that “wholly enclosed without outside display or storage” be added to the appliance rental item. Commissioner Sheridan asked Mr. Glaser what is desirable to the park. Mr. Glaser stated that the park won’t be developed anytime soon as money is required and who knows what funding will be available. He stated that the concept plan calls for ball fields. He would prefer that kid- friendly, rather than undesirable, businesses be located next to the park. He also stated that Trophy Club Park is growing rapidly in terms of people coming out there to ride motorcycles and ATV’s. Redbull has put a huge motocross park in there. A consultant has been hired to determine uses for the other 600 to 700 acres out there – everything from nature trails and mobile classrooms and fishing spots. Perhaps there will be a regional sports complex out there one day. A guy from Bridgeport stopped by and told us to put in 20 ball fields and with the proximity to DFW Airport national tournaments could be held there; which is a little bit ahead of us at this point, but is indicative of the potential of the area.Northeast Park is just down the road and to get to Trophy Club Park and Northeast Park everyone would go by Village Center. Commissioner Sheridan wondered what would be considered “undesirable”.He wondered if, for instance, restaurants with alcohol sales were a possibility in this tract due to their proximity to schools and parks. \[Town of Trophy Club Code of Ordinances does not allow alcohol sales within 300-ft. of a church, public or private school, or public hospital.\] Commissioner Sheridan stated, for the record, that no homeowners were notified because there aren’t any within 200-ft. of this tract. Commissioner Sheridan asked if this request is meant to change the original concept. The applicant responded that it is not meant to change the original concept of the PD, but rather to further define the uses. Commissioner Sheridan asked for an explanation of the motivation of the request. Vice Chairman Stephens responded that it is to allow a restaurant with drive-through. Ms. Huggins responded that staff does not consider this request a change from the original concept of the PD. She stated that the applicant’s motivation to change the permitted uses is to allow broader marketing of the tracts. Commissioner Sheridan stated that as he goes through the list he realizes that it gives someone large latitude of discretion without coming before the Town – either P&Z or Council. He stated that these uses can be placed on either tract. Commissioner Sheridan offered the following comments on the uses. He would like to avoid any office warehouse industrial use. Building material and hardware is an industrial use. Hardware store is a retail use. The ordinance doesn’t include a definition of building materials so if the hardware store sells 2x4’s is that building material? Additionally, a lot of these uses would allow excessive parking of company vehicles. For instance, a security company installation would most likely need company vehicles. Land surveyors and appliance rental might also need company vehicles and/or overnight parking. The ordinance is very specific on the type and size of parking and some of the uses don’t seem compatible with the required parking and the original thought of the PD. Page 29 and 65 of the ordinance show the type of buildings allowed, as well as the parking allowed, and yet some of these uses could possibly have five bobtails parked overnight. Some of these uses also don’t seem to be compatible with the architectural design allowed by this PD. Commissioner Sheridan stated \[to Mr. Glaser, EDC Board Member in the audience\] that the PD has a requirement of transparency on the front of the building with a clear view of merchandise; no less than 50% must be windows. Commissioner Sheridan stated that the reason he asked about alcohol is that if this is opened up for alcohol sales he would like the following uses removed: kindergartens, religious institutions, schools–public and private, and day care. Anything that would prohibit or interfere with a possible restaurant with alcohol sales, which would be a high tax base, should be removed. Commissioner Sheridan stated that the ordinance already controls the type of atmosphere that is allowed in this Town for restaurants, food service and alcohol and percentage thereof. Mr. Sheridan would also wish to remove anything else in the permitted uses that would prohibit restaurant with alcohol sales. Retirement and nursing homes do not belong in that area. He stated that he objects to the appliance rental and building materials. Chamber of Commerce should be off the list if they don’t provide taxes of any kind. He stated that he is a contractor and he maintains a very nice office, but to allow a “contractors office” doesn’t define what a contractor is and what type of office is being talked about. “No outside display is permitted” should be amended so that no outside display of any type of merchandise at all is allowed, i.e., motorcycles for sale. Employment services should not be allowed. Would laborers be hanging around that office? It shouldn’t be allowed in that location. Land surveying is an industrial use. A museum should be removed if it doesn’t provide sales tax revenue. Mr. Sheridan stated that every type of medical offices is listed. He stated that he doesn’t know what a “recording studio” would be. He stated that he is for having drive- throughs. He believes a security installation is an industrial use and this is not an industrial area. An indoor theater doesn’t fit for this location. “Utility offices” is too broad a spectrum. Should “photography studio” be limited by definition? Commissioner Reed stated that he believed the uses should not be “broad brushed”. Commissioner Ashby stated that he has concerns with quite a few of the items, along the lines of Commissioner Sheridan’s concerns. It is too broad and ambiguous. It leaves way too much open for the applicant to do whatever they want. He asked to make a motion, but Chairman Hill denied the request and continued discussion of this item. Commissioner Davidson stated that he would like a more consolidated list. There is a considerable amount of discussion that needs to take place on this. He agrees with many of Commissioner Sheridan’s comments. Ms. Huggins indicated to Chairman Hill that two members of the audience wished to ask permission to speak. Chairman Hill granted permission. J.D. Stotts, 1 Narrow Creek, serves on the Park Board and stated that he wished to see development of a commercial/retail venture that would provide high sales tax. He stated that this Town needs something to offset property taxes with other revenue to allow the Town to provide services. He stated that as Mr. Glaser mentioned there is going to be a park developed adjacent to that area and he would like to see something developed there that would integrate well with youth sports, outdoor activities and fitness. A new high school will be right across the street. There is a middle school not far away and Trophy Club Park is increasing in use. People visiting Trophy Club is increasing. That park has been improved for Motocross and the trail riding areas have been improved as well. The Park Board is working on grants with the State of Texas to put in additional foot trails. Improvements will begin in June for Northeast Park, which is currently being surveyed and an engineering site plan is being done. A site plan for Northwest Park should begin in the next few months. Hopefully, all of this will be a great selling point for all of the new development going in and for all of the homes being built for young people and families to come to Trophy Club. The Town is investing a lot in all of these projects and it would be nice to see a diversification of income from property tax to sales tax for the Village Center. Mr. Stotts stated that he isn’t against churches and he isn’t saying Trophy Club doesn’t need another one as we could all probably work on being a little more holy in our lives, but at this point the Town needs commercial/retail. Councilman Moss commented that in the past there was an art gallery in the Tom Thumb shopping center that didn’t make it. He also commented that in the past a drive through restaurant was turned down because of the location and inaccessibility of the site but Village Center seems to be an ideal location for something of that nature. Commissioner Ashby stated that he is pro-drive through in the larger tract. He is opposed to drive throughs in the smaller tract. He stated that he would not wish to see drive throughs abut the park or residential property. Commissioner Sheridan would like further discussion on this item with the applicant coming back with a new list. He stated that he’d like to see this developed as two story buildings with a multi-use – offices limited to the second floor and retail with transparency on the first floor, which would keep the intent of the original PD. David Keener, Centurion Development, stated that they are here because they wish to make the tract more marketable. They’d like to have more flexibility as the current list of permitted uses is vague. They wish to avoid having to come back for every use that might be interested in Village Center. They wish to have a drive-through. He stated that this is not an “A” retail site. The Tom Thumb site has 114 frontage and even that shopping center is struggling. He stated that, “We can all wish for a major retail, but that wasn’t the original intent and the reality today is that there might be some sort of restaurant there, but not alcohol sales. Alcohol sales is going to be challenging. It’s too close to the school sites.” He stated he’ll come back but there should be a realistic understanding of what they see as plausible and not. The original PD allowed uses that would not produce sales tax, i.e., community facilities. They feel the site has to have flexibility. A small Alzheimer’s facility on that site is a realistic use. Ms. Huggins added that Marshall Creek Road will become a new road, Bobcat Blvd., and will expand to two lanes in each direction with a center median. Staff feels that a drive through restaurant would fit well on the smaller tract. Staff would like the larger tract developed in a way that provides more sales tax revenue for the Town than those uses that won’t provide revenue for the Town. Commissioner Ashby asked to make a motion. Chairman Hill denied the request, but asked the Commissioners to wrap up their comments on this item. Commissioner Sheridan stated that the original resistance to drive-throughs in this Town was very specific to location. Those locations had residents who lived in the area before the commercial occurred. At this location in Village Center, the commercial came first. Vice Chairman Stephens added that the traffic created to get in and out of the other drive through locations would have created a problem, pure and simple. He stated, “Mr. Keener, the Planning and Zoning Commission is interested in developing that property for a number of reasons. Representatives of the City are interested in developing that property. We do have some restrictions we will place on what we will allow in there. We understand your marketing and we aren’t going to do anything to prevent your marketing, but we are going to have to have time to go over this item by item.” Mr. Keener responded that he will resubmit the list, clarifying what they desire. Mr. Keener stated that he does not want to restrict the uses to first story versus second story. Vice Chairman Stephens motioned to continue the item to the next P&Z meeting, March 5, 2009. The motion was seconded by Commissioner Ashby. Passed by unanimous vote, 7-0. ADJOURNMENT Chairman Hill adjourned the meeting at 8:12 p.m.