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Agenda Packet P&Z 12/06/2007Planning & Zoning Commission December 6, 2007 Page 1 of 38 Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, December 6, 2007 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Review and approve minutes of the November 15, 2007 Planning & Zoning Commission Meeting. C.1 Public Hearing to Consider an Amendment to Planned Development No. 25 (PD- 25), Ordinance No. 2002-41 P&Z to amend the Development Standards "Permitted Uses" to allow a hotel use on Tracts 6 & 7, and to amend the "Height" restriction for hotel uses. Applicant: Highway 114 Prospect, Ltd. (PD AMD-07- 026) D.1 Consideration of a Request to Grant a One Year Extension of a Preliminary Plat of The Highlands at Trophy Club Neighborhoods 1, 2, 5, 6, and 7. Applicant: Lenart Development Company, LLC D.2 Consideration of a Request for Amendment to Planned Development No. 25 (PD-25), Ordinance No. 2002-41 P&Z to amend the Development Standards "Permitted Uses" to allow a hotel use on Tracts 6 & 7, and to amend the "Height" restriction for hotel uses. Applicant: Highway 114 Prospect, Ltd. (PD AMD-07- 026) E.1 Adjournment. Planning & Zoning Commission December 6, 2007 Page 2 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (ch) Planning & Zoning Commission December 6, 2007 Page 3 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.B.1 Review and approve minutes of the November 15, 2007 Planning & Zoning Commission Meeting. (ch) Planning & Zoning Commission December 6, 2007 Page 4 of 38 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION NOVEMBER 15, 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on November 15, 2007, at 7:00 pm in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Excused Absence Commissioner Reed Present Commissioner Ashby Excused Absence Commissioner Sheridan Present Commissioner Sanchez Present Commissioner Forest Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Tom Rutledge Town Engineer, Teague Nall & Perkins Stephen Seidel Assistant Town Manager Nick Sanders Mayor Mehrdad Moayedi Centurion American Krisha Brooks Jacobs Carter Burgess Jaison Stephen Jacobs Carter Burgess Steve Lenart Lenart Development A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:05 p.m. with a quorum present. B.1 REVIEW AND APPROVE MINUTES OF THE NOVEMBER 1, 2007, PLANNING & ZONING COMMISSION MEETING. Commissioner Reed motioned to approve the minutes of the November 1, 2007, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Forest. Ayes: Hill, Reed, Sanchez, Forest Nays: None Abstain: Sheridan Action: 4-0-1, Approved Planning & Zoning Commission December 6, 2007 Page 5 of 38 Mr. Sheridan abstained as he was not able to review the minutes prior to this meeting. C.1 CONSIDERATION OF A FINAL PLAT APPROVAL REQUEST FROM CARTER & BURGESS, INC. ON BEHALF OF 831 TROPHY LP, THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 9, LOTS 1-32, BLOCK A, AND LOTS 1-14, BLOCK B (18.368 ACRES) (FP-07-024) Chairman Hill introduced the item and asked staff and the Town Engineer if there were additional comments. There were none and the Chairman called for questions from the Commissioners. Commissioner Sheridan stated that this neighborhood is bordered on the north by the Recreation Center. He asked who would be responsible for any significant fencing. Will a masonry wall be required? Krisha Brooks, Jacobs Carter Burgess, stated that the developer would be putting in screening according to the PD. Commissioner Sheridan stated that there appears to be a significant drainage ditch along the north side of Lots 1 through 6. Does it abut Neighborhood 9? When it hits Trophy Club Drive is it going underground? Ms. Brooks stated that it does not abut Neighborhood 9. On the plat she pointed out where the drainage from the ditch would flow. There were no further questions and the Chairman called for a motion. Commission Reed made a motion to recommend approval of the final plat of Neighborhood 9. The motion was seconded by Commissioner Forest. Ayes: Hill, Reed, Sanchez, Forest, Sheridan Nays: None Action: 5-0, Approved C.2 CONSIDERATION OF A PRELIMINARY PLAT REQUEST FROM CARTER & BURGESS, INC. FOR CANTERBURY HILLS, PHASE 1 & 2 AND WATERS EDGE AT HOGAN’S GLEN, PHASE 2 & 3, A TOTAL OF 232 LOTS (127.88 ACRES) (PP-07-016) Jaison Stephen, Jacobs Carter Burgess, came forward to request approval of this preliminary plat. Mr. Rutledge, Town Engineer, stated that all outstanding comments have been addressed. Planning & Zoning Commission December 6, 2007 Page 6 of 38 Chairman Hill asked the applicant to explain the side setbacks and minimum square footage of the lots and homes in Canterbury Hills, Phase 2. Mr. Stephen responded that the side setbacks are 10-ft. and the minimum square footage of the homes will be 3,500 sq. ft. The Chairman stated that Indian Creek Dr. is shown as a 60-ft. right-of-way and he asked if that is considered to be a major collector road or will it be completed as a loop road segment or minor collector road? Mr. Stephen responded that as it goes into the Phase 2 portion it is going to be a residential roadway with 50-ft. right-of-way. Chairman Hill stated that there is a stub of right-of-way dedication identified as Street A and he asked what that is intended to be. Mr. Stephen responded that it is the future extension of the loop road that could connect to Trophy Club Drive. Chairman Hill asked where the road would cross the Corps of Engineers property. Mr. Stephen showed a possible crossing on the map exhibit, but stated that the Town is studying the alignment. Chairman Hill asked if they are working with the Corps of Engineers for a crossing. Mehrdad Moayedi stated that they are not working with the Corps of Engineers. He explained that the Town Staff, not the developer, is dealing with the possibility of obtaining permission from the Corps. Mayor Nick Sanders stated that the Town Manager, Brandon Emmons, has had two meetings with the Corps of Engineers. The Mayor did not attend those meetings, but through discussion with Brandon he related that initially the Corps was considering a land swap where the Corps would give the Town easement across the area to the west of this plat if the Town gave the Corps the same square footage acreage somewhere else. He stated that the flowage easement to the north of the PID has land adjacent to the Corps property and might provide an opportunity for a land swap. Chairman Hill asked if that was land north of Neighborhoods 1 and 5. The Mayor responded that it might be somewhere in there although a particular spot has not been identified. There is not a commitment between the Corps and the Town, but the Town is trying to protect the possibility that hopefully a crossing could be done someday. Chairman Hill asked if there is 60-ft. between the south boundary of the treatment plant and the golf course property to continue that road. Mr. Moayedi responded that the property in question does not belong to him. It belongs to Mr. Beck. Chairman Hill stated that there is a 20-ft wide tree conservation area at the back of Lots 1-6. He asked if that is permanent and asked how it could be enforced once these are private property. Mr. Moayedi stated that he could make it part of the deed but that doesn’t guarantee that they won’t cut them down. Steve Lenart, Lenart Development, explained that the easement came about during conversations with staff. As the golf course maintenance facility was platted, there were promises made by the previous owner which were not binding on Centurion. However, Centurion offered a 20-ft. tree barrier on the backyards. An easement on the plat gives the Town permitting control over what is built back there. Planning & Zoning Commission December 6, 2007 Page 7 of 38 Commissioner Reed asked if the loop road will end up being a two lane residential street. Jaison Stephen stated that Indian Creek Drive will be a 60-ft. right-of-way up to where the loop road would connect across Corps property. Mr. Sheridan stated that a Town map at one time showed the loop road as a loop road. This plat design gets away from that loop aspect. Mr. Moayedi responded that the access given on the south side of the golf maintenance facility and treatment plant may be the best opportunity of getting the road across the Corps property based on the latest meetings with the Town and the Corps. Mr. Sheridan stated that as a short-time resident of Trophy Club; he has been here since 1996; Indian Creek and Trophy Club Drive are a 4-lane major collector loop road and have always been that way. It was a concept. Why isn’t the loop road addressed in staff comments? Ms. Huggins responded that it is not addressed because at the moment the Town does not have a solution. The Corps has refused to allow the Town access to the north. That is no longer a possibility which is why the applicant has brought forward a cul-de- sac to the north. Staff agreed to that because the issue of access through the Corps property to the north is a dead issue. Mr. Sheridan responded that then the Town is boxed into not having a loop road. Ms. Huggins explained that the Town hopes to gain access across the Corps property to the south of the treatment plant and golf maintenance facility, but at this point permission has not been obtained. Also, the Corps has limited the type of road that can cross their property. A four lane thoroughfare will not be allowed. Mr. Sheridan asked how long has this information been known? Ms. Huggins responded that it is an on-going discussion. Mr. Sheridan stated that it was not that long ago that the golf maintenance facility was approved and the road to the north was a possibility at that point. Ms. Huggins responded that it was just six months ago that the Planning & Zoning Commission and Town Council approved the golf maintenance facility and at that point staff thought that the loop road to the north was still a possibility. Some of this new information has just come forward in the last two weeks and staff now knows that taking the loop road to the north is not a possibility. Taking the road to the south of the two facilities might be a possibility but there are still a lot of issues to be dealt with regarding permission from the Corps of Engineers. Staff is hoping to keep the possibility of a loop road open in someway. Commissioner Sheridan asked if this is a gated community. Ms. Huggins responded that portions of it are private. Jaison Stephen with Jacobs Carter Burgess stated that the portion that is in PD-22 is gated and private. Mr. Sheridan asked if it is shown on the plat. Ms. Huggins responded that it is not on the preliminary plat. Regarding the tree conservation area, Commissioner Sheridan suggested it might be more sensible to take that area out of the lot and ask for a waiver on the size of the remaining lot. Chairman Hill asked what will confine the waters within the flood plain and stabilize the banks on the sides of the channel for Lots 35 to 40, Block A of Canterbury Hills, Phase Planning & Zoning Commission December 6, 2007 Page 8 of 38 2, as well as Lots 1-4, Block N of Waters Edge at Hogans Glen Phase 3. Jaison Stephen responded that they did a flood study and calculated to what elevation the water would come up into a natural channel and that is designated on the plat. Chairman Hill asked what will stabilize the banks of that channel behind Lots 35-37. Mr. Stephen stated that they have not planned any stabilization area. He stated that the way it is planned it should not affect anything out there. Chairman Hill responded that the Town had a demonstration this year, on the north side of the Quorum Apartments, of what can happen in a 100-yr flood and he is concerned for these lots backing up to this channel. The Chairman asked how the water will cross Dover Lane. Mr. Stephen stated that there is to be a box culvert. Mr. Stephen stated that the area further to the south next to Lots 1-4, Block N of Hogans Glen will have adequate erosion control and stabilization. Mr. Lenart also explained that there will be irrigation behind the curb and lots to have as much of a park-like setting as possible. It is irrigated up to the banks of the creek. With the Corps, the creek cannot be touched, but the developer stated that they will try to finish it out with irrigation, sod, trees, etc., to make it as nice of an area as possible. Chairman Hill stated that there is considerable tree cover in portions of Waters Edge and Hogans Glen and he asked what the preservation plan is for the woods. Mr. Stephen responded that they are planning to cut in the streets and leave each lot up to the individual builder. Mr. Moayedi added that these are custom lots. The preservation of the trees will be up to the builder who purchases the lot. Chairman Hill asked if the 50-ft. wide underground box culvert at Asheville Lane will tend to pond water in the drainage area or will it be sufficient to carry all the water underground. Mr. Stephen stated that it will be sufficient. Chairman Hill also pointed out a road width inconsistency on the plat. It appears that Indian Creek is 100-ft. wide and then just west of Fair Green Drive it narrows to a 60-ft. right-of-way. Mr. Stephen believes that is a graphical error on the plat. Staff and the applicant will check to see if this is an inconsistency or a mapping error. [The next day it was found to be a mapping error and has been corrected on the plat that will be taken to Council.] There were no further comments from Staff or Town Engineer, Mr. Rutledge. There was one request from Dianne Ziegler, 10 Stephen Ct., to speak, but she withdrew her request stating that her questions had been answered. Commissioner Sheridan made a motion to table this request and have staff separate out the two plats – one for a private neighborhood and one for a public neighborhood. He requested that staff work with the applicant to revise the public plat to accommodate for the possibility of a completed loop road. He stated that he doesn’t blame the applicant as he has been guided by the Town in that there is a ways to go with the Corps, but he stated that he can’t vote for blocking off the possibility of a loop road. The motion did not receive a second. Planning & Zoning Commission December 6, 2007 Page 9 of 38 Mr. Moayedi said that they really need a vote tonight as they have customers waiting and they have worked with staff going through this numerous times. Mr. Sheridan stated that he would take back his motion, but he would then be voting against rather than for tabling the case. Assistant Town Manager, Stephen Seidel, stated that access across the Corps property to the north of the treatment plant has been denied by the Corps of Engineers. It is an environmentally sensitive area and they will not grant us access to it. They have told us not now and not 50 years from now. The next possible way for a loop road to connect to Trophy Club Drive is where the stub is shown which was added by Mr. Moayedi and Jacobs Carter Burgess at the request of staff. Staff still has significant work to do with the Corps in order to secure portions that we want to cross. Mr. Sheridan expressed several concerns including whether or not we would be able to have 60-ft. of right-of-way across the Corps property to allow a 4-lane undivided road. Mr. Rutledge indicated that there is 41-ft. provided which is not enough to allow a 4-lane undivided road. Mr. Sheridan also wished to see the plat separated into public and private. “When we looked at Hogans Glen originally we were very concerned about the security; the separation. We have no conversation here as to what is and what isn’t. I see a couple of catch falls later down the road if we combine the two. Especially when the Town stops maintaining a certain area and the citizens are going to have to pay through their homeowners fee.” Commissioner Sheridan made a motion to recommend approval to the Town Council for the preliminary plats of Canterbury Hills, Phase 1 & 2, and Waters Edge at Hogan’s Glen, Phase 2 & 3 with the stipulation that the public and private areas of the land covered in these plats be separated when submitted as final plats. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Sanchez, Sheridan, Forest Nays: None Abstain: None Action: 5-0, Approved D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:55 p.m. Planning & Zoning Commission December 6, 2007 Page 10 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.C.1 Public Hearing to Consider an Amendment to Planned Development No. 25 (PD-25), Ordinance No. 2002-41 P&Z to amend the Development Standards "Permitted Uses" to allow a hotel use on Tracts 6 & 7, and to amend the "Height" restriction for hotel uses. Applicant: Highway 114 Prospect, Ltd. (PD AMD-07-026) (ch) Planning & Zoning Commission December 6, 2007 Page 11 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.D.1 Consideration of a Request to Grant a One Year Extension of a Preliminary Plat of The Highlands at Trophy Club Neighborhoods 1, 2, 5, 6, and 7. Applicant: Lenart Development Company, LLC SUMMARY: On December 7, 2006, the Planning & Zoning Commission recommended for approval preliminary plats of The Highlands at Trophy Club Neighborhoods 1, 2, 5, 6, and 7. The Town Council approved the same preliminary plats on December 18, 2006. The Town of Trophy Club Code of Ordinances, Chapter 12, Subdivision Rules and Regulations, Section 3.07 K. states the following: “Effective Period a. The approval of a Preliminary Plat shall be effective for a period of twelve (12) months. In the event that the Final Platting process has not been initiated by the developer within twelve (12) months from the date of approval of the Preliminary Plat, the Preliminary Plat shall require reapproval. The entire approval process including payment of fees will be required. b. The applicant may receive one (1) extension of the Preliminary Plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the Preliminary Plat shall be placed on the Planning and Zoning Commission agenda for consideration for extension.” Per “a” above, the developer has initiated within twelve (12) months the final platting process for phases of Neighborhoods 1, 2, 5 and 6. However, other phases of these neighborhoods, as well as all of Neighborhood 7 remain to be final platted; therefore, staff requested the developer renew the preliminary plat for one year in order to avoid any question of whether or not the preliminary plat is valid. The developer complied and the request is attached. STAFF RECOMMENDATION: Staff recommends granting a one year extension of the preliminary plat. Attachments: Letter from Applicant Requesting Extension Section 3.07 Preliminary Plats of Subdivision Rules & Regulations Plats Phase Plan Planning & Zoning Commission December 6, 2007 Page 12 of 38 Planning & Zoning Commission December 6, 2007 Page 13 of 38 Planning & Zoning Commission December 6, 2007 Page 14 of 38 Planning & Zoning Commission December 6, 2007 Page 15 of 38 Planning & Zoning Commission December 6, 2007 Page 16 of 38 Planning & Zoning Commission December 6, 2007 Page 17 of 38 Planning & Zoning Commission December 6, 2007 Page 18 of 38 Planning & Zoning Commission December 6, 2007 Page 19 of 38 Planning & Zoning Commission December 6, 2007 Page 20 of 38 Planning & Zoning Commission December 6, 2007 Page 21 of 38 Planning & Zoning Commission December 6, 2007 Page 22 of 38 Planning & Zoning Commission December 6, 2007 Page 23 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.D.2 Consideration of a Request for Amendment to Planned Development No. 25 (PD-25), Ordinance No. 2002-41 P&Z to amend the Development Standards "Permitted Uses" to allow a hotel use on Tracts 6 & 7, and to amend the "Height" restriction for hotel uses. Applicant: Highway 114 Prospect, Ltd. (PD AMD-07-026) PURPOSE: The applicant, Highway 114 Prospect, LTD is requesting approval of an amendment to Ordinance No. 2002-41 P&Z to allow a hotel use on Tracts 6 & 7 of Trophy Wood Business Center located at the northwest corner of Trophy Wood Drive and Plaza Drive. The applicant is also requesting that the ordinance be amended to allow a 5-story hotel. CASE REVIEW: Currently, Tract 7 allows “retail or hotel uses”. Tract 6 allows “office uses”. If granted permission to change the use of Tract 6 to allow a hotel, the applicant plans to replat Tract 6 and 7 into one lot in order to build a Hampton Inn at this location. The applicant is also requesting an amendment to the height restriction for hotels in PD- 25. Currently, PD-25 has the following height requirements: (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40’) in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28’) or one (1) story in height. Hotels shall not exceed sixty-five feet (65’) or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. The applicant would like to build a five story hotel that will not exceed 65-ft. The attached drawing is for a 6-story hotel; the applicant will provide a revised elevation at the Planning & Zoning Commission meeting. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper “The Trophy Club Times” on Friday, November 16, 2007, and property owners within 200-ft. of this location were notified of this request. A copy of the notice is attached. Planning & Zoning Commission December 6, 2007 Page 24 of 38 STAFF RECOMMENDATION: Staff supports the applicant’s request to amend the PD to allow a hotel use on Tracts 6 & 7 and to revise the height restriction to allow a 5-story hotel. Planning & Zoning Commission December 6, 2007 Page 25 of 38 Planning & Zoning Commission December 6, 2007 Page 26 of 38 Planning & Zoning Commission December 6, 2007 Page 27 of 38 Planning & Zoning Commission December 6, 2007 Page 28 of 38 Planning & Zoning Commission December 6, 2007 Page 29 of 38 Planning & Zoning Commission December 6, 2007 Page 30 of 38 Planning & Zoning Commission December 6, 2007 Page 31 of 38 Planning & Zoning Commission December 6, 2007 Page 32 of 38 Planning & Zoning Commission December 6, 2007 Page 33 of 38 Planning & Zoning Commission December 6, 2007 Page 34 of 38 Planning & Zoning Commission December 6, 2007 Page 35 of 38 Planning & Zoning Commission December 6, 2007 Page 36 of 38 Planning & Zoning Commission December 6, 2007 Page 37 of 38 Planning & Zoning Commission December 6, 2007 Page 38 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 12-6-2007 Subject: Agenda Item No.E.1 Adjournment. (ch)