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Minutes TC 03/29/2016 - Special SessionMINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, March 29, 2016 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Tuesday, March 29, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shaffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Pat Cooke Development Services Manager April Reiling PIC/Marketing Manager Ron Ruthven Town Planner Tom Rutledge Town Engineer Mayor Sanders announced the date of Tuesday, March 29, 2016, called the Town Council to order and announced a quorum at 7:00 p.m. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. PUBLIC HEARING 1. Public hearing regarding a request to amend certain designated Planned Development No. 30 (PD -30) conditions on an approximately 26.4 acre tract of land located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive, Case PD -AMD -16-048. Mayor Sanders opened the public hearing at 7:01 p.m. Mike Pacillio, 4956 North O'Connor Road, Irving, Texas, stated that they have a full development team in place which included: Beck Properties, North American Properties, Green Brick Partners, Inc., Kriya Hotels, and Weitzman Group. He presented the following Planned Development (PD) 30 exhibits: Approved Preliminary Site Plan; Proposed Preliminary Site Plan; Improvements to PD -30; side by side comparisons of the Approved versus Proposed Site Plan; Amendment Specifics; Benefits of Amendments; Trophy Club Drive Elevation; Material examples of Exterior Elevation; Preliminary Multi -Family Unit Mix; Green Brick Partners, Inc. — Townhomes; Kriya Hotels — Hyatt Place or A -Loft Hotel; Drainage and Detention; and Detention Street and Site Views. Bill Dahlstrom, Partner with Jackson Walker L.L.P., thanked the Planning and Zoning (P&Z) Commission and Staff for their assistance through the process. He stated that they received a recommendation of approval from the P&Z Commission for the PD -30 modifications. He advised that the recommendation to put gates at both ends of the street for the townhomes was to deter traffic from going down the street. He stated that they had no issues with a traffic deterrent system, but pointed out that the gate may not be the appropriate tool. They preferred to come forward with a traffic deterrent system at the time of approval for their Preliminary Plat and Site Plan to allow further review. Erich Smith, 243 Oak Hill Drive, stated that PD -30 was approved in 2012 and that Beck Ventures had committed to a mixed use development with the apartments to house the people that shopped in the retail space. He stated that a large number of citizens objected to PD -30 because they did not want the additional apartments. He explained a condition that the prior Council made that the retail space and apartments would be built simultaneously. In 2014, PD -30 was amended to allow the apartments to be used on the first floor if after two years retail space remained unoccupied. He believed that with the hotel will produce less tax revenue than originally proposed since there would be no restaurant and have less meeting space. He felt that the detention area would be a catch area for rain runoff that will attract mosquitos and collect trash. He urged the Council to vote for the Town of Trophy Club and a development that enhances the community. 2. Public hearing regarding a request for a Specific Use Permit for a Hotel (limited -service) on an approximately 2.075 acre tract located within the PD 30 Zoning District, located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive, Case SUP -16-008. Nina Chudasama, Managing Partner/General Counsel with Kriya Hotels, stated that they are seeking approval to develop an upscale select service hotel with a minimum of 105 rooms. She explained that full service restaurants in hotels are diminishing in current hotel developments, and the new direction is a boutique style/work life balance hotel. She stated that they will have a full commercial kitchen allowing for food and beverage to be offered throughout the day. Mayor Sanders closed the public hearing and reconvened into Special Session at 7:29 p.m. SPECIAL SESSION 3. Consider and take appropriate action regarding an Ordinance amending certain designated Planned Development No. 30 (PD -30) conditions on an approximately 26.4 acre tract of land located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive; providing for amendments and providing an effective date. Town Planner Ruthven advised that this item was for proposed amendments to the original PD -30 approved in 2012, which was further amended in 2014. He stated that the proposed amendments would include reducing the total multi -family units from 283 to 250; eliminating the ground floor retail ready units; reducing the overall height of the urban residential down to four stories; and eliminating the efficiency units. He advised that nine additional townhomes are proposed bringing the total to 39 units. He stated that a new Preliminary Site Plan will be Town Council Minutes March 29, 2016 Page 2 of 7 presented for consideration with a different configuration of retail and office, and that the phasing has been eliminated but the developer will be required to install the infrastructure and parking around the pad sites along Highway 114 at the same time the urban residential will be built. He commented that a rowhouse definition had been added, which would require urban residential facing Trophy Club Drive to resemble brownstones, and that a limited service hotel definition was added to the regulations. Additionally, he stated that the P&Z Commission voted to approve the amended PD -30 at their March 24, 2016 meeting with the conditions as listed in the PD District Development Standards, Exhibit "B" that was provided prior to the meeting tonight. Council Member Reed addressed Mr. Smith's comments and stated that as the development was moving forward and being prepared to be built, the current Council tried to create a development that would benefit the community. He stated that the current Council did their due diligence to push the apartment complex away from Highway 114 and then lower the height of the buildings. He believed that the retail spaces will benefit from being brought closer to the street and having green space that would allow shoppers to walk around. Additionally, he stated that he believed this development now offers the retail a chance to thrive. Mayor Pro Tem Lamont pointed out that he was not on Council in 2012 and that he voted against the PD -30 amendments when he was on Council in 2014. Chase McCrea, Chief Financial Officer with Beck Ventures, spoke about their commitment to ensure the retail spaces by installing the infrastructure, grading the entire site, and building the roads. He stated that the detention facility is intended to be dry and will be hidden. He added that the new plan would allow for a restaurant to have an L-shaped facility, which will help engage it with the multi -family and hotel. Additionally, he commented that the clock tower is an important piece of the Town, which will either be relocated or be recovered to match the architecture that will be built. Mike Twichell, President of Michael Twichell, L.P., commented that it is better for the retail spaces to have visibility from Highway 114 and since the hotel will be a destination location, they pushed it further back. Council Member Rowe pointed out that the main item was to review the land use. He added that the zoning locks in the commercial pad sites as commercial use and if any uses were to be modified, it would have to come back before Council for consideration. Carter Kendall, Land Acquisitions Manager with Green Brick Partners, Inc., advised that they are discussing with the owners about the possibly of a screening wall with landscaping for the townhomes from the hotel. Council Member Rowe commented that the townhomes are a particularly new type of residential for the Town and he inquired about the opportunity to possibly have the townhomes come back through a Site Plan process, which is not required due to the conditions of PD -30. Mr. McCrea stated that the only item for townhomes was to increase the number and that adding another step would delay the development process. Dennis Sheridan, Chair of the P&Z Commission, stated that the townhomes, as approved, had separation in the front and was shown on the original 2014 Site Plan. Ms. Chudasama addressed concerns regarding the reduction of meeting space and stated that the reason was due to the return on the square footage. She added that their larger meeting spaces are typically used for corporate meetings. Glenn Strother, 1 Overhill Drive, encouraged the Council to create a retail development time table for shells to be built. He believed that the proposed modifications are a great improvement from what was previously approved. Louis Goldstein, 68 Cypress Court, commented that he had attended some of the original hearings. He stated that the development continues to change in order to sell the product, which he believed may not be for the benefit of the community. He was concerned that the road that cuts through to Hogans Glen will be used as a pass through street. Town Council Minutes March 29, 2016 Page 3 of 7 RECESSED AT 8:45 P.M. FOR A BREAK RECONVENED AT 8:57 P.M. INTO SPECIAL SESSION Mayor Sanders discussed the addendum of changes to Exhibit B of Ordinance No. 2016-11 P&Z, that was provided at the dais. Mr. Pacillio advised that in the original PD -30, balconies are prohibited; therefore they requested balconies to be allowed on units facing Trophy Lake Drive, not to exceed a total of six units. He advised that subsequent to the P&Z Commission meeting, they discovered that they would need to have the same ability on the other brownstone. Mr. Dahlstrom suggested the following amendment to the first sentence of Item No. 5, Townhome Residential Requirements, subsection a, Townhome Residential General, romanette ix, on page 56: Prior to the issuance of any building permit authorizing construction of any Townhome allowed by this ordinance, the developer shall provide a means of deterring non-resident traffic from entering the Townhome street such as electronic controlled access gates shall be installed across the main road providing access to the Townhomes on each end of the Townhome development such that access to the Townhomes is restricted to Townhome residents and guest only. Town Attorney Adams advised that the PD -30 document is silent to many of the Site Plan requirements and regulations would revert to the Town of Trophy Club Code of Ordinances. Town Planner Ruthven suggested the following language for Item No. 5, Townhome Residential Requirements, subsection a, Townhome Residential General, romanette ix, on page 56: Prior to the issuance of any building permit authorizing construction of any Townhome allowed by this ordinance, the main road providing access to the Townhomes shall be constructed such that through traffic is restricted by keeping one end of the road closed with the additional placement of approved traffic calming devices designed to slow the speed of traffic along the road. The final design of the devices designed to restrict and calm traffic shall require the approval of the Town Engineer, the Fire Chief, and the Town Manager or their designee. Discussion took place that a gate would not be allowed next to Texas Department of Transportation (TxDOT) right- of-way, that it could create stacking issues on Highway 114, and that an exit only could not be done due to the location of the on-ramp but it could possibly be a right entrance only. Town Engineer Rutledge stated that in similar situations a solution could be to install removable bollards at the end of the cul-de-sac and space them far enough apart to allow for golf carts and be removable to allow emergency vehicles to access the area. Council Member Rowe suggested the following language for Item No. 5, Townhome Residential Requirements, subsection a, Townhome Residential General, romanette ix, on page 56: Prior to the issuance of any building permit authorizing construction of any Townhome allowed by this ordinance, bollards shall be installed at the end of the main road providing access to the Townhomes that is nearest to Indian Creek Drive. Said bollards shall be spaced to accommodate passage by a standard golf cart, and meet all requirements of the Town's fire code and shall require the final approval of the Fire Chief and Town Manager. Mr. McCrea and Mr. Kendall agreed to the bollards. Per previous discussion, Mayor Sanders suggested adding wording to the end of Item No. 4, Urban Residential Specific Requirements, subsection b, on page 54 so that it reads: Urban Residential buildings facing Trophy Club Drive shall be designed as rowhouses, as defined in this ordinance, and each ground floor urban residential unit facing Trophy Club Drive shall be designed to have a separate pedestrian entrance. There shall be no limit on the number of rowhouses that may be connected to each other. Each individual rowhouse shall be separated by a minimum two foot offset per unit elevation. Balconies shall be allowed on units facing Trophy Club Drive at two locations for a maximum total of 12 balconies. Town Council Minutes March 29, 2016 Page 4 of 7 Mr. Sheridan pointed out that Item No. 8, Design and Location of Stormwater Detention Facilities, subsection d, on page 75, was missing the Detention Site View exhibit that the P&Z Commission requested to add. Discussion took place regarding installing landscaping to assist with screening of the detention area, and that access to the pond will be needed. Council Member Rowe suggested adding subsection a to Item No. 8, Design and Location of Stormwater Detention Facilities, on page 75, so that it reads: Where wrought iron fences are present surrounding the detention area, these fences shall be screened with a living screen with a minimum height of 42", excluding access gates. Additionally, he suggested adding subsection iii to Item No. 1, on page 14, so that it reads: A minimum of two enhanced paving features as defined in this section shall be installed within the road that runs between the apartment property and the hotel property, with the specific intent of calming traffic. Discussion took place that the intent is to have variations from an architectural standpoint regarding the townhomes. Joshua Millsap, with Bury representing JSB Properties, LP, advised that at this time they did not intend to do reclamation pertaining to the flood plain line. He stated that they performed a study for the Country Club creek and submitted a full drainage study. He advised that they have two conditions, which are the existing Federal Emergency Management Agency (FEMA) and the fully developed conditions that reflect Westlake being fully developed. He added that two lines are shown, one from where FEMA shows the current flood plain and one depicted based upon their topography. He added that from the corner of Highway 114 to the corner of Indian Creek Drive, there is a slope and as part of their improvements they will install underground storm drainage to take water to the detention pond. Town Engineer Rutledge explained that the FEMA map is not matching the topography. He stated that before pursuing a Letter of Map Amendment Revision (LOMAR), they had requested that Bury survey the creek, do the topography, and then run a model to see how it lines with FEMA. He advised that FEMA has not accurately mapped the area that reflects what is really on the ground, and if a LOMAR was filed, then it will technically move the flood plain onto those residents. He commented that their approach was not to do a LOMAR because it would push the flood plain onto those residents. Mr. Sheridan recommended inserting "staggered" within subsection b of Item No. 5, Townhome Residential Requirements, on page 56, so that it reads: Townhome Residential maximum density: the maximum number of Townhome/Townhouse units is 39 staggered units. Discussion took place regarding a minimum sound transmission class (STC) between the walls and the floors of the hotel, and that the Towns adopted Code requires a minimum of 50 STC for hotels. Ms. Chudasama commented that Hyatt Place offers a full hot breakfast and has a full commercial kitchen. She added that they are pursing building a Hyatt Place Hotel but that their second choice would be to build an A -Loft Hotel. Discussion took place related to increasing the minimum number of rooms to 150 within the Hotel (limited -service) definition and the ability of allowing fewer by a Specific Use Permit (SUP). Motion: Motion made by Mayor Sanders, seconded by Council Member Reed, to approve the amendments to Exhibit B of the Planned Development 30 document and to approve the amendments made by and agreed to by the applicant and P&Z Commission. Discussion took place that it would be appropriate to make a motion to approve Ordinance No. 2016-11 P&Z, and then make a motion to amend to approve the proposed amendments to Exhibit B of the Planned Development 30 document. Town Council Minutes March 29, 2016 Page 5 of 7 Withdrew Motion: Mayor Sanders and Council Member Reed agreed to withdraw the motion. Main Motion: Motion made by Council Member Shoffner, seconded by Council Member Parrow, to approve Ordinance No. 2016- 11 P&Z, amending certain designated Planned Development No. 30 (PD -30) conditions on an approximately 26.4 acre tract of land located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive; providing for amendments and providing an effective date, as presented at the dais. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Reed, to include amendments to Exhibit B of the Planned Development 30 document as presented at the dais, and to include the amendments made at the dais, which included: • To accept the Addendum of Changes to Exhibit B, pages 7, 54 and 55, as presented at the dais; • Page 5 — Modify Item No. 14, Hotel (limited -service), by changing "or" to "nor" between the words "rooms" and "less"; and modify "105 rooms" to "150 rooms, with fewer being allowed by SUP"; • Page 14 - Add romanette iii to subsection I, Street Paving Enhancements, to read: A minimum of two enhanced paving features as defined in this section shall be installed within the road that runs between the apartment property and the hotel property, with the specific intent of calming traffic; • Page 54 — Modify the fourth line to subsection b, of Item No. 4, Urban Residential Specific Requirements, to read: "except for at two locations for a maximum total of 12 balconies."; • Page 56 - Replace romanette ix of subsection a to Item No. 5, Townhome Residential Requirements, to read: Prior to the issuance of any building permit authorizing construction of any Townhome allowed by this ordinance, bollards shall be installed at the end of the main road providing access to the Townhomes that is nearest to Indian Creek Drive. Said bollards shall be spaced to accommodate passage by a standard golf cart, and meet all requirements of the Town's fire code and shall require the final approval of the Fire Chief and Town Manager.; • Page 56 - Insert "staggered" between "39" and "units" to subsection b, of Item No. 5, Townhome Residential Requirements; • Page 75 - Add all available Detention Area Wall Exhibits from the applications presentation to subsection d of Item No. 8, Design and Location of Stormwater Detention Facilities, as presented at the dais; and • Page 75 - Add subsection a to Item No. 8, Design and Location of Stormwater Detention Facilities, to read: Where wrought iron fences are present surrounding the detention area, these fences shall be screened with a living screen with a minimum height of 42", excluding access gates. Motion to Amend carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Pro Tem Lamont voting against. Mayor Sanders and Council Member Rowe thanked everyone for their efforts to work together and make the appropriate changes, which included the applicant and representatives, the P&Z Commission, Council, and Staff. The vote was taken for the Main Motion as Amended, to approve Ordinance No. 2016-11 P&Z, amending certain designated Planned Development No. 30 (PD -30) conditions on an approximately 26.4 acre tract of land located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive; providing for amendments and providing an effective date, as presented at the dais, with the following amendments as listed above. Main Motion as Amended carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Pro Tem Lamont voting against. Town Council Minutes March 29, 2016 Page 6 of 7 4. Consider and take appropriate action regarding an Ordinance approving a Specific Use Permit for a Hotel (limited -service) on an approximately 2.075 acre tract located within the PD 30 Zoning District, located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive; and providing an effective date. Mayor Sanders discussed the amendments as presented at the dais. Discussion took place that Exhibit A reflects the Preliminary Plat showing one parcel and that it does not affect Building C. Additional discussion took place that the plat amendment could be more specific to the parcel, which will be considered by the Council at a later date. Town Planner Ruthven advised that the P&Z Commission voted to approve the SUP at their March 24, 2016 meeting. Motion: Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance No. 2016-12 P&Z, approving a Specific Use Permit for a Hotel (limited -service) on an approximately 2.075 acre tract located within the PD 30 Zoning District, located generally at the northeast corner of Trophy Club Drive and State Highway 114, bordered on the north by Indian Creek Drive and on the east by the rear property lines of the residential lots located on Brook Hollow Drive; and providing an effective date, as presented at the dais. Discussion took place that the regulations of the SUP are for the property as opposed to the applicant or developer. The vote was taken. Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Reed, Rowe, and Shoff ner voting for, and Council Member Kurtz voting against. Mr. McCrea thanked the Council and P&Z Commission for their efforts and dedication. ADJOURN Motion made by Council Member Rowe, seconded by Council Member Reed, to adjourn. Motion carried unanimously. Meeting adjourned at 11:41 p.m. Rj'� V -V ;JM �. Holly Fimbres, own Secretary/RM OF T�Gp Town of Trophy Club, Texas O � r c m v �w�'�RY C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes March 29, 2016 Page 7 of 7