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Minutes P&Z 10/03/2013ClubEntities 100 Municipal Drive Trophy ' Trophy Club, Texas 76262 Meeting Minutes Planning Zoning Commission Thursday, October 3, 2013 7:00 PM Svore Municipal Building Boardroom Chairman Senelly called the October 3, 2093 Planning and Zoning Commission meeting to order at 7:04 p.m. and announced a quorum present (5 members). COMMISSION MEMBERS: Present: 5 - Chairman Richard Senelly, Commissioner Fred Allen, Commissioner Mark Sadley, Commissioner Garrett Reed, and Commissioner Brent Card Absent: 2 - Commissioner Dennis Sheridan, and Vice Chair Larry Vowell Chairman Senelly introduced and welcomed a new Planning and Zoning Commissioner, Brent Card. STAFF PRESENT.• Karen Moore, Recording Secretary Carolyn Huggins, Community Development Director Tom Rutledge, Teague Nall & Perkins GUESTS PRESENT. Bryan Kennedy, Jones & Carter Ubaid Mirza, Brad Garsee, and Amna Kaimkhani, Trophy Vapor 1. 2013-608-T Review and approve the minutes of the August 15, 2013, Planning and Zoning Commission meeting. Attachments: MeetingMinutes 081513.pdf A motion was made by Commissioner Allen, seconded by Commissioner Sadley, that this agenda item be Approved. The motion carried by the following vote. Aye: 4- Chairman Senelly, Commissioner Allen, Commissioner Sadley, and Commissioner Reed Abstain: 1 - Commissioner Card 2. 2013-609-T Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD -21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Planning and Zoning Commission Page 1 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 Attachments: Staff Report.pdf Ordinance No. 2013-39 P&Z.pdf AA plica Plaza Shopping Center Site Plan.pdf Use Tables E-F-G.pdf Exhibit C - Uses - from PD -21 Development Standards.pdf Newspaper Public Hearina Notice.pdf Property Owner Notification. pdf Property Owners - 200 ft.pdf Chairman Senelly introduced the item and opened the public hearing. The applicant, represented by Ubaid Mirza, came forward to state that they were the owners of Mango Mama, a business that was not successful in the Plaza Shopping Center, has now closed and they would like to open a Trophy Vapor store in the location. He stated that this business is so new that not a lot of people know what category it lies under— is it retail, tobacco, electronics — so that is the issue they are facing with the shopping center in Trophy Club. He stated they do not sell any tobacco supplies. He stated their supplies include °electronic" components so they could be considered an electronic store. They are requesting an amendment to the Plaza Shopping Center, Planned Development No. 21 (PD -21) zoning so they can open up the store there. They have been open for almost a year in six locations throughout the metroplex. He showed an example of what an electronic cigarette looks like and explained that the device takes a nominal substance of a vegetable glycerol and nicotine and makes a vapor. A smoker craves nicotine. The harmful substance of a cigarette is tobacco which causes cancer. Nicotine is addictive but does not cause cancer. Nicotine is also used in patches and gum. FDA rules do not allow them to claim that this is a smoking cessation device because it is not approved by the FDA to call it that. But, he claims, customers do quit "cigarettes" for good. He stated they are headquartered out of Grapevine, Texas. He showed pictures of how the store will took like outside and inside. He stated the stores tend to look like a bar, but no alcohol is served. They consider themselves to be "BYOB" which means "bring your own battery". He stated they have a lot of good reviews on the interview and he provided a few for the Commission. He stated they haven't had a negative comment yet, which they are very proud of. He stated that they will have 3 fulltime employees and every store strives to hire from their own City. He indicated they have paid $13,504.11 in sales tax in the past month from the six other locations throughout the metropiex. He indicated they card customers and do not sell to minors. He asked for approval of a PD amendment to allow their store in the Plaza Shopping Center. Chairman Senelly asked for staff comments. Ms. Huggins stated that the shopping center is designed for a variety of retail uses and a retail electronic cigarette store appears to be compatible with the permitted uses existing in the PD. She stated that there is adequate parking in the shopping center for this type of use. The hours of operation are compatible with the allowed hours of operation for the PD. The property management company has signed off on this request. Ms. Huggins indicated that she has not received any phone calls, emails or letters from residents within 200 -ft. who were notified of this request. Ms. Huggins stated that staff recommends approval of this request. Mr. Allen asked for confirmation that they are not going to allow under 18 year olds in the store. Mr. Mirza responded that they cannot stop anyone from coming into the store, but they will not sell to under 18 -year olds. Mr. Allen asked if there is a law Planning and Zoning Commission Page 2 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 that says they cannot do that? Mr. Mirza stated that he is not familiar with a law prohibiting sales to minors, but as it is an addictive substance, so they will not sell to minors. Mr. Allen asked Ms. Huggins if she is aware of any law? Ms. Huggins stated that there is not currently a law that restricts the sale of this product to minors. Chairman Senelly stated that it is his understanding that there are a couple of states that now regulate the age of sales, but Texas is not one of them. He stated that the FDA is not involved, but that by the end of October there may be some activity by the FDA to regulate this industry. Mr. Allen asked if this store location will be where the Mango Mama store used to be. Mr. Mirza confirmed that the location would be the same. Mr. Garrett Reed asked what the Commission is voting on since it appears that this is an allowed use. Ms. Huggins responded that in PD -21 if the use is not specifically stated as allowed, it is prohibited. She stated that a tobacco shop is allowed but as Mr. Mirza said, there isn't tobacco in this product. Electronic cigarettes are sold in the Walgreens in that shopping center, but the Walgreens is a pharmacy/drug store which is an allowed use in the PD. There isn't anything in the PD that says an electronic cigarette supply is allowed and staff doesn't have the authority to make the decision to allow the use if it isn't specifically listed. It must come to P&Z and Council, which is why we are considering this item tonight. Mr. Reed said that if it was an electronics store, it wouldn't be before the Commission tonight? Ms. Huggins responded, "that's right". Chairman Senelly closed the public hearing. REGULAR SESSION 3. 2013-610-T Discussion and Recommendation regarding a request for approval of an Amendment to Planned Development No. 21 (PD -21) Ordinance NO. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. A motion was made by Commissioner Allen, seconded by Commissioner Reed, that this agenda item be Recommended for Approval to the Town Council, which will hear this item on October 21, 2013. The motion carried by the following vote. Aye: 5- Chairman Senelly, Commissioner Allen, Commissioner Sadley, Commissioner Reed, and Commissioner Card 4. 2013-611-T Discussion and Recommendation regarding Preliminary Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan's Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Attachments: Staff Report - Preliminary Plat - PZ 100313.pdf Brian Kennedy, Jones & Carter, representing Midtown Development, request approval of the preliminary plat of Hogan's Glen, Phase 11 for 37 residential lots and 5 open space lots. Ms. Huggins pointed out on the map the location of the property being platted and that the plat is consistent with the concept plan that was approved when the zoning from this property was approved in the year 2000. Chairman Senelly stated that there was a question that came up in a prior meeting Planning and Zoning Commission Page 3 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 regarding the drainage and sewage for this area and the Town Engineer has indicated that these issues have been resolved favorably. Is that correct? Mr. Rutledge, Town Engineer, TNP inc., confirmed that the issues have been resolved favorably. Commissioner Reed asked for specifics on how they were resolved. Ms. Huggins responded that one of the issues with drainage was where is the water going to go? She explained that on the south edge of the property a drainage easement has been added, which was obtained by the applicant after discussion over the past few months with the Country Club. In addition, an open space drainage easement was added between Lots 17 and 18. Regarding sanitary sewer, there was a question of whether or not a lift station had adequate capacity to provide service to this subdivision. The Town Engineer worked with the MUD, the Town, and the applicant's engineer to make sure that capacity was there. That took a little bit of time to resolve and there is now a new lift station for Canterbury Hills subdivision that will handle capacity for this subdivision. Commissioner Reed asked if the drainage easement is a detention pond. Mr. Rutledge explained that there is a swale and the water will run on the surface within the drainage easement. He stated that the lots will be raised and filled in and the water that comes from the golf course cannot come onto the Villas development so they needed to work with the golf course so the water would flow down through the easement into the detention pond in the comer of the Villas subdivision. There will not be any increase in drainage downstream from what is there today. Chairman Seneily asked if the detention pond has been adequately sized to retain the quantity of water needed to be retained and it appears there is a wall around it that looks like a dam. is that what it is? Mr. Rutledge stated that it is a controlled outlet structure. Chairman Senelly asked what the function of the wall is. Mr. Rutledge responded that it will retain the water and meter it out. Chairman Smelly stated that the detention pond wall section has no footing. is that ok? Mr. Rutledge explained that they will have to submit engineered plans for that wall before it can be constructed. Alger Moore, 407 Hogan's Drive, said that it sounds like there is water coming onto that property from almost every side and once the property is developed, where will all that water go? is it going to run back down Katie Lane? Mr. Kennedy, Jones & Carter, stated that the water will flow through the property into the detention basin. He stated that the walls of the detention pond will act as a controlled outfall structure. Mr. Rutledge added that, right now, the site falls from the high side to the west of the current development down to the southeast. It runs into the southeast corner where the detention pond is designed and that is where it is metered out onto the golf course. That is also where the drainage currently goes in its undeveloped state. It is all running down to that corner. None of the homes that are to the west, north or even those on the easterly area, none of this drainage will be around those homes. Everything drains back onto the golf course, which is the reason the applicant had to work with the Country Club to obtain an easement because all of those details had to be worked out with the Country Club. Michelle Reed, Katie Lane, said hello to Commissioner Alien and thanked the Commissioners for serving the Town and spending their Thursday nights here. She stated that there are a couple of things that concern her living on Katie Lane and some of her neighbors, who, with football games, and couldn't make it so she is kind -of the voice of Katie Lane a little bit. "in some of the preliminary pictures that I had seen, you could see where the gates were going to be and I know Carolyn just mentioned where the gates were and some of us couldn't see where they were so can you go over where the gates are?" Chairman Senelly: `Just for your information, the subject of gates is fine, but Planning and Zoning Commission Page 4 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 understand it has nothing to do with platting." Ms. Reed. "and, i guess the reason why I was concerned about the gates is whenever you look at the plat from 2000 the gates were on the plat." Ms. Huggins: "Were you actually looking at a plat from 2000 or were you looking at the concept plan that was part of the staff report that was given to the Commissioners?" Ms. Reed: "I looked at the agenda online and what was in the packet. And, if it was a plat I wanted to make sure the gates were discussed." Ms. Huggins: "Normally gates would not be on a plat. But what was in the packet was the concept plan from the original zoning document and that would have things like that." Ms. Reed: "Ok, because when that had it and this didn't, I was like, ok that doesn't make sense." Ms. Huggins: `A plat is to record land boundaries and so we are recording the boundaries of the subdivision. " [Ms. Huggins went to the podium to use the light laser to point out where the gates would be located. Pointing to the Map on the Wall: This is Katie Lane where it deadends right now in a cul-de-sac and it is going to continue on to Meadowbrook. This is where Meadowbrook dead ends right now. East and West Hillside is here. There is going to be a public street connecting Meadowbrook and East and West Hillside Place and Katie Lane will deadend into Meadowbrook Lane and the gate will be right there.] Ms. Reed: `And i am sad because I wish I would have come for the platting of this because it is sad that you have estate plats right there and then on the same street you have little plats but I'm too late for that." Ms. Huggins: "When that was determined was when the zoning was approved, and the Villas were approved as part of the zoning back in 2000." Ms. Reed. "Unfortunately. Thanks." Ms. Huggins [to Chairman Senelly]: "if I can make a comment there?" Chairman Senelly. "Please." Ms. Huggins: "l think if you can give it a little bit of a chance, I think you are going to find that the builder, in negotiations with Mr. Beck to purchase this property, to build the homes is going to build some pretty nice looking homes in this section of Hogan's Glen. I think it will be very compatible with the estate lot homes. Of course, the lot sizes are half the size, minimum 7,200 sq. ft., which it was always meant to be that with the original zoning, but i think you will find the builder, if that negotiation goes through and that purchase goes through, the builder is going to build some very nice homes in that section of Hogan's Glen." Chairman Senelly: `7 personally have had a lot of experience with this area, it's where I walk my dogs, and i know where the water ponds. i know what the issue is, right now. When those small ponds fill up, what happens is it spills over and it goes the same direction that it is going to go when this development is built. The only difference will be is that there's more substantial detention than there is now and the drainage will have a more directed flow until it leaves the confines of this development and then it looks like if will sheet flow onto the golf course as it does now. i don't know of any reason to expect that it is going to be much different on the golf course side than it is today. But I do know that the property where the houses are going to be won't be as wet as it is now. That's just my own experience." Commissioner Garrett Reed: `You said the lift station had to be upgraded or expanded?" Mr. Rutledge: "No, not really." He explained that there was a timing issue. There was a lift station designed for Canterbury Hills. The Canterbury Hills development was developed first and then this subdivision came online. The engineers for both projects had to be brought together to share and compare data for the lift station to make sure there was adequate capacity for both subdivisions. Mr. Rutledge stated: "/t took a while, but the developer for Canterbury Hills actually was real gracious to Planning and Zoning Commission Page 5 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 hold up shipping that whole lift station until we could grind through the calculations. So we worked with Jones & Carter as they evaluated the lift station to make sure it did have the capacity because there was a concern about that. We wanted to make sure that if there needed to be modifications to it that it could happen prior to it being installed. It is a very substantial lift station so as it's turned out, the studies and the reports were all updated to allow for this additional flow and we're all good." There was a question asked if the developers split the cost of the lift station. Town Staff does not know the answer to that question as that is a matter between the developers, but as far as the Town and MUD are concerned, Mr. Rutledge stated that this development is compatible with what the lift station is going to receive. Chairman Senelly called for a motion. Commissioner Allen made a motion to approve the preliminary plat for Villas of Hogan's Glen, Phase ll. Commissioner Sadley seconded the motion. The vote was 4-1. Commissioner Reed voted against the plat. Ms. Huggins: `A plat that meets the Subdivision Rules and Regulations cannot be denied." Commissioner Garrett Reed: "Then why bring it before this body?" Ms. Huggins: "Because our ordinances require that P&Z review it. " Chairman Senelly: 'Approved". Ms. Huggins: "Thank you." Mr. Reed. "Let's speed things up next time. it doesn't matter what we vote. A motion was made by Commissioner Allen, seconded by Commissioner Sadley, that this agenda item be Recommended for Approval to the Town Council, which will hear this item on October 21, 2013. The motion carried by the following vote. Aye: 4- Chairman Senelly, Commissioner Allen, Commissioner Sadley, and Commissioner Card No: 1 - Commissioner Reed 5. 2013-612-T Discussion and Recommendation regarding Final Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan's Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Attachments: Staff Report - Final Plat - PZ 100313.pdf ADDlication - Final Plat.Ddf Chairman Senelly announced the case stating that the last item of business this evening is the f=inal plat approval for the Villas of Hogan's Glen, Phase 11. He explained that they are considering the preliminary and final in the same evening. He stated that the final plat approval looks just like the preliminary plat. No change. He asked for any discussion or comments from the Commissioners. There were none and the Chairman called for a motion. A motion was made by Commissioner Allen, seconded by Commissioner Sadley, that this agenda item be Recommended for Approval to the Town Planning and Zoning Commission Page 6 of 7 Meeting Date: October 3, 2013 Planning & Zoning Commission Meeting Minutes October 3, 2013 Council, which will hear this item on October 21, 2013. The motion carried by the following vote. Aye: 4- Chairman Senelly, Commissioner Allen, Commissioner Sadley, and Commissioner Card No: 1 - Commissioner Reed Chairman Senelly adjourned the meeting at 7:43 p.m. Carolyn Hug s, Community Development Director Planning and Zoning Commission Page 7 of 7 Meeting Date: October 3, 2013