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Minutes P&Z 02/21/2008 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION FEBRUARY 21, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on February 21, 2008, at 7:00 p.m. in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Ashby Present Commissioner Sheridan Present Commissioner Sanchez Present Commissioner Forest Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Larry Stewart Owner, PD-25 Property Brian Dench Pate Engineers A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with seven members present. B.1 REVIEW AND APPROVE MINUTES. a. January 3, 2008. b. February 15, 2007. c. March 1, 2007. Vice Chairman Stephens motioned to approve the minutes of the January 3, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Sheridan. Ayes: Hill, Stephens, Reed, Forest, Sheridan Nays: None Abstain: Ashby and Sanchez, who were absent January 3, 2008. Action: 5-0-2, Approved Vice Chairman Stephens motioned to approve the minutes of the February 15, 2007, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Sheridan. Ayes: Hill, Ashby, Reed, Sheridan Planning & Zoning Commission Page 1 of 5 February 21, 2008 Minutes Nays: None Abstain: Stephens, who was absent February 15, 2007 and Sanchez and Forest, who were not yet members of this Board on February 15, 2007. Action: 4-0-3, Approved Vice Chairman Stephens motioned to approve the minutes of the March 1, 2007, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Sheridan Nays: None Abstain: Ashby, who was absent March 1, 2007 and Sanchez and Forest, who were not yet members of this Board on March 1, 2007. Action: 4-0-3, Approved C.1 DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST FOR A TEMPORARY USE COMMUNITY GARAGE SALE PERMIT GRANTED BY SPECIAL PRIVILEGE. (APPLICANT: TROPHY CLUB WOMEN’S CLUB). Commissioner Reed made a motion recommending that the Town Council approve the request for a temporary use Community Garage Sale Permit for April 19, 2008 and October 4, 2008. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved C.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR REPLAT OF LOT 3, BLOCK A, TROPHY WOOD BUSINESS CENTER. APPLICANT: HIGHWAY 114 PROSPECT, LTD (RP-08-013). Chairman Hill gave opening remarks, reviewed the staff report and explained to the residents present what a plat is and how plat approval takes place: Due to the nature of the questions and concerns recently expressed by numerous residents relative to this application for replat of Lot 3, Block A, Trophy Wood Business Center, it appears that some residents have some confusion about the platting process. • What is a Plat? o A “plat” is a document filed at the County Courthouse that outlines the boundaries (the legal description) of a piece of property. Tracts 6 & 7 are currently platted as one lot, rather than two lots. The plat must match the PD (Planned Development No. 25) requirements, thus the request for “replat” so that the two documents (plat and PD) will match. The dimensions of each tract will not change. The zoning and uses of each tract will not change. Planning & Zoning Commission Page 2 of 5 February 21, 2008 Minutes • Why were residents within 200 feet not notified of the Replat request of Lot 3, Block A, Trophy Wood Business Center? o Residential replats require publication in the town newspaper and written notice to the owners of property in the original subdivision. Those steps are not required for commercial replats. • Does a Replat mean that the dimensions are being changed? o PD-25 lists the size of Tract 6 as approximately 1.0 acres of land. Tract 7 is listed as approximately 1.8 acres of land. o The replat presented by the applicant shows Tract 6 as 0.938 acres and Tract 7 as 2.024 acres. The total acreage for the two tracts is unchanged at 2.962 acres. Those acreages are close enough to fall within acceptable planning practices. • Does a Replat mean that the current zoning or uses of Lot 3R2 will be changed? o No. Zoning requests involve changing the “use” of a property whereas “platting” a property does not change or alter the “use”. To “plat” means that a written document is created showing the boundaries of the property for the purpose of filing a permanent record of that property at the County Courthouse. The plat is created by a registered public surveyor (Registered Professional Land Surveyor for the State of Texas) who takes an actual survey on the ground of the lot corners, angles and points of curve and notes those on the “plat” document that must be reviewed by the Planning & Zoning Commission and approved by the Town Council. The plat is then filed in Denton County as a permanent legal description of that property. Chairman Hill asked the applicant to explain the purpose of the replat. Brian Dench, Engineer for the project, explained that the purpose of the replat is to add an interior lot line to create two lots. Chairman Hill then continued with his introduction: As to the actions that the Planning and Zoning Commission may take this evening, we must consider the developer’s application and base our recommendation to the Town Council on laws of the State of Texas. Plat approval is regulated by Chapter 212 of the Texas Local Government Code. Specifically, §212.005 states that the municipal authority responsible for approving a plat must approve a plat or replat that satisfies all applicable regulations.” The applicable regulations for review by the Planning and Zoning Commission and Town Council are found in the Town's Subdivision Regulations. Section 3.05 of the Town's Subdivision Regulations provide the following criteria for plat approval: "A. The Town shall approve a plat if it conforms to: 1. The general plan, rules and ordinances of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 2. The general plan, rules and ordinances for the extension of the Town and its Planning & Zoning Commission Page 3 of 5 February 21, 2008 Minutes roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities: 3. All requirements of the Town's Subdivision Regulations and all rules adopted pursuant to those Regulations of the Town's Zoning Ordinance. 4. An approved preliminary plat. If the Commission finds tonight that the requirements of the Town's Subdivision Regulations applicable to the pending replat application have been met, then the P&Z must approve the replat and does not have the discretion to deny the pending replat. If the P&Z determines that compliance with one or more of the applicable regulations has not been attained, then the Commission will need to specifically identify those subdivision regulations for which there is a deficiency so that the applicant can remedy that deficiency. To the extent that some of the residents attending this meeting may believe that a denial of the replat is a means to affect the use for which the property has already been zoned pursuant to PD No. 25, it should be clear that the scope of the Commission's authority and the Commission's discretion relative to the proposed replat is limited. If the replat failed to meet the requirements of the Town's subdivision regulations, and the replat were to be denied, that denial would affect only the platting of the property and the hotel use for which the property is currently zoned would continue to exist. Chairman Hill called on the Commissioners for comments and questions. Vice Chairman Stephens stated that his assumption is that this request, having been reviewed by the Town Engineer and the Planning & Zoning Coordinator, does comply with the ordinances and regulations and therefore he has no questions. Commissioner Reed stated that he has no questions as this corrects what exists already in the PD. Commissioner Ashby is concerned about the usage of the lot that will be less than one acre. Commissioner Forest and Sanchez did not have any questions or comments. Commissioner Sheridan also has a concern regarding the use of the less than one acre lot. He would like to see an internal building line on the plat. Regarding the 30-ft. buffer easement, he noted that the PD uses the word “yard” rather than “buffer”. He would like to see that changed as he wishes to only see green space in the 30-ft. buffer. His biggest concern is that Lot 3R2 (Tract 6) doesn’t have enough room for a building along with a fire lane, dumpster, cars, etc. He stated that why he will vote against this is that Tract 3R2 per zoning is supposed to be one acre and the applicant is bringing forward a replat with a 6% change in the size of the tract to .938 acres which puts the property line approximately 8-ft. over in compliance with the zoning ordinance. He feels that is substantial. Planning & Zoning Commission Page 4 of 5 February 21, 2008 Minutes Planning & Zoning Commission Page 5 of 5 February 21, 2008 Minutes Larry Stewart, Developer, showed a concept plan of a one-story building for Tract 3R2. He stated that when PD-25 was originally approved they didn’t have a crystal ball to know exactly where the lot line needed to be. They put in “approximately” to designate acreage rather than binding it to a specific amount. Commissioner Sheridan replied that approximately is a subjective viewpoint and he feels that 6% or 8-ft. is more than “approximately”. Mr. Stewart responded that from a design standpoint 8-ft. isn’t much of a difference. He stated that they are trying for a “highest and best use” and an office pad will be placed on Tract 6, 4,500 to 5,000 sq. ft., possibly a medical person or possibly just a general office, but that tract was designated as office from the get-go. Commissioner Sheridan stated that he likes that there isn’t any concrete on the buffer zone. Mr. Stewart stated that he has the same point of view about “yard”. He contemplates something green with grass in it; it will be a landscaped area. Chairman Hill stated that in his opinion their lot sizes are a good approximation of the values in the PD. Commissioner Reed made a motion to recommend approval of the replat of Lot 3R1 & 3R2, Block A, Trophy Wood Business Center. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Stephens, Reed, Forest, Sanchez Nays: Sheridan, Ashby Action: 5-2, Approved D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:38 p.m.