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Minutes P&Z 06/05/2008 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION JUNE 5, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on June 5, 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 Forest Present Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until applications are accepted in August to fill this position and other positions up for reappointment. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Tom Rutledge Teague, Nall & Perkins Kyle Salzman Jacobs Carter Burgess Jim Wiegert Jacobs Carter Burgess Mehrdad Moayedi Centurion American Steve Lenart Lenart Development Nick Sanders Mayor Brandon Emmons Town Manager Jim Moss City Council A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:01 p.m. with five members present. Mr. Ashby arrived at 7:02 p.m. B.1 REVIEW AND APPROVE MINUTES OF THE APRIL 3, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the April 3, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Ashby, Sheridan, Forest Nays: None Action: 6-0, Approved Planning & Zoning Commission Page 1 of 5 June 5, 2008 Minutes C.1 HIGHLANDS NEIGHBORHOOD 2, PHASE 2H. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF HIGH TROPHY DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 5-15, BLOCK X AND LOTS 11-31, BLOCK BB, THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 2, PHASE 2H (11.047 ACRES) LOCATED IN THE 2200 BLOCK ON THE EAST SIDE OF TROPHY CLUB DRIVE (SEE ENCLOSED SITE DEVELOPMENT MAP). (FP-08- 026) Chairman Hill announced the case and stated that his examination of the plat found nothing to be questioned. He asked each Commissioner if they had questions. Each stated that they did not. Chairman Hill asked if the Applicant wished to add anything. Mr. Salzman stated that he did not have anything to add. Chairman Hill asked Mr. Rutledge if he had anything to add. Mr. Rutledge stated that the plans were reviewed and the applicant has addressed all comments. Chairman Hill read portions of the staff report and then asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 5-15, Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H (11.047 acres). Commissioner Ashby so moved. Commissioner Sheridan seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sheridan Nays: None Action: 6-0, Approved C.2 WATERS EDGE AT HOGAN’S GLEN, PHASE 2. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF BDMR DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 1-5, BLOCK K, LOTS 1-5, BLOCK L, LOTS 7-42, BLOCK L AND LOTS 1-3 BLOCK M, WATERS EDGE AT HOGAN’S GLEN, PHASE 2 (26.925 ACRES) LOCATED TO THE NORTH OF KATIE LANE AS A CONTINUATION OF HOGAN’S DR. (FP-08-027) Chairman Hill announced the case and asked Mr. Rutledge for any comments. Mr. Rutledge did not have any comments. Chairman Hill read a portion of the staff report and then asked the Applicant for an opening statement. The Applicant had no comments and the Chairman called for discussion. Mr. Sheridan asked why Block L, Lot 6 is not part of this plat. Jim Wiegert, Jacobs Carter Burgess, stated that Lot 6 was taken out of the plat because part of that land is being negotiated as a land swap with the Beck’s. Mr. Sheridan asked if it will be platted in the future and not left as vacated land. Mr. Wiegert confirmed that it will be platted in the future. Planning & Zoning Commission Page 2 of 5 June 5, 2008 Minutes Mr. Sheridan also asked why Parkland is not dedicated. Chairman Hill read a portion of the Parkland Dedication Ordinance which requires 1-acre of parkland per 44 dwelling units on a final plat. This plat has 49 total dwelling units (lots). The ordinance states that any parkland of less than 5-acres is impractical and the Town Council can then require cash in lieu of land. Chairman Hill stated that the Planning & Zoning Commission’s responsibility with a final plat is to review the dedication of land as part of the recommendation for acceptance or denial. If the final plat presented proposes fewer than 220 dwelling units (equivalent to 5-acres of parkland), then the Commission shall consider the validity of the final plat and in its recommendation to the Town Council note that parkland is not addressed and the Council should determine cash in lieu of land. Mr. Sheridan asked if that is the ordinance and asked for a copy. Ms. Huggins will send him a copy. Mr. Sheridan indicated that he cannot vote for approval of this final plat until he knows that the parkland requirement is met. He would vote for a postponement until it is resolved as this indicates that the developer is not in full compliance with the ordinances because the staff report states that it is “under discussion”. Town Manager, Brandon Emmons, stated that if the plat is being finalized with less than 220 lots, the ordinance does not allow for dedication of land. The vehicle the Town has to secure parkland dedication is dealt with in the Subdivider’s Agreement. The Town Council will approve the final plat as recommended by the Planning & Zoning Commission and then the Town Council will withhold any permitting for construction of the infrastructure until several different criteria are met that is spelled out in the Subdivider’s Agreement (i.e., bonding, cash in lieu for parkland). Mr. Emmons explained the formulas allowed by ordinance to calculate cash paid for parkland. He gave examples of other subdivisions (Eagles Ridge, Churchill Downs). Mr. Sheridan stated that he understands and doesn’t disagree, but that the applicant has not met the ordinance or paid cash so he cannot support approving the plat at this time. Ms. Huggins stated the Planning & Zoning Commission, in the motion on this case, can require the applicant to add a note on the plat before it goes to Council that xx amount of acreage of parkland is required but that on this particular plat it would not meet the minimum 5-acre parkland requirement and therefore cash in lieu is needed. Mr. Sheridan stated that’s fine, but then the staff report should have stated that the applicant agrees to pay cash and that the amount will be determined by the Town Council, rather than “under discussion”. Chairman Hill asked for other comments or discussion. Commissioner Reed stated that it seems this is a matter for a higher level than P&Z as there isn’t any land to consider. Mr. Sheridan responded that there has been confusion in the past that impacted the trail system and the parks system, with other developers, not necessarily this developer, and he would like to see it addressed with the final plat rather than at some point in the future. Commissioner Ashby asked for clarification of how many lots were involved in this plat and the requirement for parkland per dwelling units. Chairman Hill explained that the plat is for 49 total Planning & Zoning Commission Page 3 of 5 June 5, 2008 Minutes lots which would require approximately 1.1 acres of parkland. The Parkland Dedication Ordinance states that less than 5-acres of parkland is impractical and therefore the Town Council can require cash in lieu of land. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 1-5, Block K, Lots 1-5, Block L, Lots 7-42, Block L and Lots 1-3 Block M, Waters Edge at Hogan’s Glen, Phase 2 (26.925 acres) with the notation that the applicant has not met Parkland Dedication and it is passed onto Council for determination. Vice Chairman Stephens so moved. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: Sheridan Action: 5-1, Approved C.3 CANTERBURY HILLS, PHASE 1. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF BDMR DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 8-22 AND 30-32, BLOCK A, LOTS 2-19, BLOCK B, LOTS 1-5 AND 10-14, BLOCK C, LOTS 1-18, BLOCK D, LOTS 1-2, BLOCK F, LOTS 1-4, BLOCK H, AND LOTS 1-20, BLOCK J, CANTERBURY HILLS, PHASE 1 (42.434 ACRES) LOCATED TO THE NORTH AND EAST OF WATERS EDGE AT HOGAN’S GLEN, PHASE 2. (FP-08-025) Chairman Hill announced the case and asked Mr. Rutledge for any comments. Mr. Rutledge did not have any comments. Chairman Hill read a portion of the staff report and then stated that he had a question regarding page 45 of the packet, an aerial photo. He stated that Indian Creek drive dead ends and he asked if Street A is the only potential location for development of a road connection across Corps of Engineers land. Mr. Wiegert stated that Sheet 2 of 4 of the plat indicates Street A as dedicated for the access of a loop road. Mr. Sheridan asked if the connecting of Indian Creek with right-of-way by separate instrument will have to be a plat. Mr. Wiegert stated that it will be by deed. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10-14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1-20, Block J, Canterbury Hills, Phase 1, (42.434 acres), with a notation that the applicant has not met parkland dedication which is passed onto the Council for resolution. Commissioner Reed so moved. Vice Chairman Stephens seconded the motion. Mayor Sanders asked who will maintain the common areas in Canterbury Hills as these are big, long areas adjacent to Indian Creek. Mr. Moayedi stated that an HOA will be created to maintain the common areas. He stated that it might be annexed into another HOA or they may Planning & Zoning Commission Page 4 of 5 June 5, 2008 Minutes Planning & Zoning Commission Page 5 of 5 June 5, 2008 Minutes come back and ask to gate the street (Asheville Ln.) as a private community. Jim Wiegert stated that common areas 3 & 4 will probably be dedicated to the golf course as it is beside the golf course and is not right-of-way. Mayor Sanders stated that he is raising this question because there are a lot of little spots around Town that the Town is responsible for maintaining and mowing and he would prefer that these areas be maintained privately so as to not become a Town maintenance issue. The motion had already been stated and seconded so the Chairman called for the vote. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: Sheridan Action: 5-1, Approved The Mayor asked if Mr. Moayedi could give further information regarding parkland. Mr. Moayedi gave background information regarding an agreement that Centurion had with Beck to provide parkland, which did not occur. D.1 DISCUSSION OF PLANNING AND ZONING COMMISSION MEETING SCHEDULE FOR JULY AND REMAINDER OF 2008 CALENDAR YEAR. The Commissioners agreed to cancel the July 3, 2008, Planning & Zoning Commission meeting due to the July 4 holiday. Chairman Hill will not be present at the July 17 and August 7, 2008 meetings. Commissioner Sheridan is an excused absence for the September 4, 2008 meeting. E.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:47 p.m.