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Minutes P&Z 07/18/2013Trophy Club Entities r Meeting Minutes Planning & Zoning Commission Thursday, July 18, 2013 2 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Senelly called the July 18, 2013, Planning and Zoning Commission meeting to order at 7:00 p.m. and announced a quorum present (7 members), COMMISSION MEMBERS: Present: 7 - Commissioner Garrett Reed, Vice Chair Larry Vowell, Chairman Richard Senelly, Commissioner Fred Allen, Commissioner Dale Forest, Commissioner Mark Sadley, and Commissioner Dennis Sheridan STAFF PRESENT. - Carolyn Huggins, Community Development Director Tom Rutledge, Town Engineer, Teague Nall & Perkins Karen Moore, Recording Secretary GUESTS PRESENT: Brandon Davidson, Corwin Engineering, Inc. Chip Boyd, Standard Pacific of Texas, Inc. Travis Bousquet, The Bousquet Group Tom Jariwala, Trophy Lodging, Ltd. Aaron Ketchand, Taylor Duncan Development 2013-367-T Review and approve the minutes of the May 6, 2013, Planning and Zoning Commission Meeting. Attachments: MeetingMinutes 050613.pdf A motion was made by Commissioner Allen, seconded by Commissioner Reed, that this Agenda Item be Approved. The motion carried by the following vote. Aye: 7 - Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 2013-375-T Review and approve the minutes of the June 20, 2013, Planning and Zoning Commission Meeting. Attachments: MeetingMinutes 062013.odf A motion was made by Commissioner Allen, seconded by Commissioner Reed, that this Agenda Item be Approved. The motion carried by the following vote. Planning and Zoning Commission Page 1 of 33 Meeting Date: July 18, 2013 Planning $ Zoning Commission Meeting Minutes July 18, 2013 Aye: 7 - Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan REGULAR SESSION 3. 2013-420-T Consider and take appropriate action regarding a request for approval of a Final Plat for Right -of -Way Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. A. Developer's Agreement - Consider and take appropriate action regarding a Developer's Agreement between the Town and Standard Pacific of Texas, Inc. for construction of the Veranda Avenue Bridge and related infrastructure; and authorizing the Mayor or her designee to execute all necessary documents. Attachments: Staff Report - TC 080513.pdf App I (cation. pdf CLOMR Approval Leriers.odf ClubCorp Permission Letter.pdf Final Review - TNP - Outstanding Comments.pdf Developer's Agreement.pdf Exhibit A - Construction Estimates.pdf Chairman Senelly asked the applicants to come forward and introduce themselves. Chip Boyd came forward and introduced himself as the Director of Land Development for Standard Pacific Homes. Brandon Davidson is the engineer for the project. Brandon is with Corwin Engineering. Chip Boyd: We are applying for the right-of-way dedication for the Veranda Avenue Bridge which would give us access to the last piece of property that we plan to develop over in that neck of the woods; a beautiful piece. We're extremely excited about it, and this plat is the first part of the process for getting us over there so we can actually get a street in and get it developed. Chairman Senelly asked for a staff report. Ms. Huggins: This is a final plat for right-of-way dedication of Veranda Avenue. It is located in Neighborhood 4 and will connect the existing NH 4 property with a future phase of NH 4, which will be called Isle of Turnberry. You received a 24 x 36 plat; unfortunately the outline of what is being platted is very faint. I asked the applicant to correct that when it goes to Council. There is also a common area that is being platted. There is a requirement that an applicant must plat all contiguous property that they own. Since Standard Pacific owns the area beside the bridge, that area is also being platted and will be designated as common area as part of Neighborhood 4. Only the right-of-way will be dedicated to the Town. To give you an idea of a little bit about the bridge, I have a handout showing you what the bridge is going to look like. Estimated cost is $775,000 and it will become Town property after construction, inspection and acceptance. Chairman Senelly: May I point out that this [illustration] is for information only. We are not here to review the appearance of the bridge or any of that. Ms. Huggins: That's correct because the Developer's Agreement that goes with this Planning and Zoning Commission Page 2 of 33 Meeting Dale: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 for the public infrastructure goes to the Council only per the Town's Code of Ordinances. The Town Engineer, Tom Rutledge, has reviewed all of the bridge plans along with this plat, and that bridge will go with this plat to Council for their review and approval. Like with any plat, you don't get the rolled set of plans to review that infrastructure; you are reviewing the plat only. If you have additional questions, though, the applicant's engineer is available to answer those questions. The Chairman pointed this out to me a couple of days ago and i did not include this in the staff report, and should have, the plat you are being asked to approve has right-of-way that dead ends; there is no turn around. Normally we would not bring you a plat that has a street that just dead ends. What I forgot to mention in the staff report is that we are also reviewing the Isle of Tumberry plat which is coming right behind this, and once the bridge is built construction will begin on the 14 -lot subdivision of Isle of Turnberry. The bridge will connect to the long cul-de-sac for Isle of Turnberry and so the road will then be complete. Those two plats combined make the road a complete road. Commissioner Allen: Does this platting extend over other person's properties ? Commissioner Reed: Who owns the property under the bridge? Brandon Davidson: Standard Pacific owns the entire property that is being platted Commissioner Allen: What about the golf course? How do you get over the creek if you don't go over the golf course? Brandon Davidson: Standard Pacific owns the 50 -ft. wide strip that goes across the creek. Commissioner Allen: What about the golf cart path? Ms. Huggins: Standard Pacific met with the Country Club to get their permission to relocate the cart path. That has been done and the Country Club has provided written approval. Commissioner Allen: Those documents would be helpful. I'd like to see the letter from the Trophy Club Country Club, the document from FEMA, and has anybody considered the Corp of Engineers? If we can't build a bridge to get the fire trucks across on the north loop how are we going to build a bridge to get pedestrians and cars into a housing development? Ms. Huggins: You lost me on the north loop thing, t don't know what you're referring to. Commissioner Allen: Well, one of the reasons the north loop wasn't built back in the nineties was that fact that the Corp of Engineers would not give us any permission to go across that creek. All I'm suggesting is that if we have that permission we need to have it documented otherwise that's going to come back and bite these people who are making a hell of an investment. Ms. Huggins: Brandon, you do have approval to put the bridge in, correct, from all entities? Brandon Davidson: Yes, all the necessary approvals. We don't have to have Corp approval because we're not in the flowage easement. We are only affecting 50 linear feet of stream. You have to affect over 300 linear feet of stream before you are required to submit individually for their approval. There is a standing nationwide permit that allows you to impact less than three hundred linear feet, and there is also Planning and Zoning Commission Page 3 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 a square footage requirement that we are well under. Commissioner Allen: It would be helpful if those documents were included so that we can make an intelligent decision. Town Engineer, Tom Rutledge: There is one other distinction to make, Mr. Allen. The Corps of Engineer denied a northern loop connector because that area is designated as an environmentally sensitive area. We couldn't cross it because of that designation. With this area for the NH 4 bridge crossing, we're not in the same situation. The ESA does not come down this far. The applicant does have to deal with FEMA because of the flood plain issues, but as Brandon stated, because the amount of area they are disturbing is small, a limited amount of area, no permit or anything like that is required from the Corp of Engineers. Commissioner Allen: Has there been soil sampling with regards to absorption levels and designated flows and so forth to determine what type of impact building across that area will have? Tom Rutledge: They bridge the flood plain. As Carolyn mentioned, a CLOMR was done because of... Commissioner Allen: What's a CLOMR? Tom Rutledge: Conditional Letter of Map Revisions to the Floodplain Commissioner Allen: Sounds like a political acronym to me Tom Rutledge: It's a requirement by FEMA. It's an engineering modeling study that's done of the floodplain to confirm that they are not having an impact on the floodplain either upstream or downstream. That engineering study was done months ago. The Town reviewed it and the applicant submitted it to FEMA for review. The bridge will bridge across the new effective floodplain that has been approved as a result. Commissioner Allen: Again, those documents would be helpful in making the decision. 1 don't think we have enough information. Ms. Huggins: Typically infrastructure documents like that are not brought before you because we do not put a plat on the P&Z agenda until the Town Engineer has reviewed those documents and approved them. Commissioner Reed: Did you say the cart path is being relocated or has been? Brandon Davidson: It will be relocated; it hasn't been yet. Once we start construction with the bridge it will be relocated to go up over the road. It won't go under the bridge. Commissioner Reed: Who's paying for that? Brandon Davidson: The developer Commissioner Reed: And that's part of the agreement with the Country Club ? Chip Boyd: It is. Early in the process we met with Golf Corp and showed them the plan, and wanted to make sure they were comfortable with what we were moving forward with, and they were. The letter indicates they still have approval rights as to the exact location, but they are good with the concept and support it. Commissioner Reed: Okay Planning and Zoning Commission Page 4 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Chairman Senelly: Any other discussion or questions? Commissioner Sheridan: Chairman, I make a motion that we approve Vice Chairman Vowell: Second Commissioner Allen: I would like to open it for discussion on the motion. I think it is evident that we don't have the documentation necessary to make a decision on this, and I would move that we set it on the table until we get that documentation. Chairman Senelly: How do you all feel about that? Do ya'11 feel that we have or do not have all the information to approve this plat? Commissioner Sadley: i would say that the Town Engineer has already reviewed the appropriate documents that we are especially interested in. The Town Engineer is stating that everything is fine and dandy and that we really don't have to look into that. Chairman Senelly. Comments? Commissioner Sheridan: 171 stand by my motion Commissioner Reed: I think if there is information out there, it doesn't hurt to have it. It doesn't sound like it's gotta be done today. Chairman Senelly: Then let's call for a vote now and if our decision is to put this aside we can do that. Commissioner Sheridan: Can we ask the applicant time -wise and pressure -wise what's happening? Chip Boyd: Thank you for the opportunity to speak. I would just like to solicit a little bit on behalf of moving forward because obviously we have a tremendous investment here, and time is of the essence. The plat being able to move forward allows us to go to the next step which is getting the full permit, getting the Developer's Agreement in place. When you're talking about the kind of money we're investing — every day matters; it truly does. And to your point, Commissioner Allen, there is definitely more information here that is not presented tonight, but not only had it been reviewed, it will continue to be reviewed until we get the full blown permits down to pre -con [pre -construction meeting] and go start to build. So all of the due -diligence issues that are valid points and valid questions we have certainly undergone. We wouldn't be in this position making the applications that we're making had we not done that. I understanding that it's not available for you to see tonight but I request that we not be prohibited in our ability to move forward with the process because to delay would be expensive. t would just humbly request that we get on with the motion to move forward with it. Chairman Senelly: Carolyn? Ms Huggins: Chairman Senelly, as an option the motion could be amended to require that those documents be presented to Council and to Council's satisfaction. They, of course, will get the comments from tonight's meeting and your motion can be a stipulation that those documents be included in what goes to Council on August 5th. Chairman Senelly: Anybody care to amend the motion in that way? Planning and Zoning Commission Page 5 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 4. Commissioner Sheridan: Is that alright? [to Allen] Commissioner Allen: So amend [to Sheridan] Commissioner Sheridan [who made the original motion]: I agree to the amendment Chairman Senelly. Okay, let's call for a vote. The plat is recommended for approval by a vote of six for and one against. A motion was made by Commissioner Sheridan, seconded by Commissioner Sadley, that this Agenda Item be Recommended for Approval to the Town Council on August 5, 2013. "rhe motion carried by the following vote. Aye: 6 - Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan No: 1 - Commissioner Reed PUBLIC HEARING 2013-422-T Conduct a Public Hearing regarding a Zoning Change request for an 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center for a hotel, restaurants, and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd. Attachments: Staff Report - TC 080513-PD-34.pdf Ord 2013-18 PZ Tronhv Wood Commercial Center.Ddf PD -34 Development Standards.pdf Application.pdf Public Hearing Notice 07-03-2013.pdf Property Owner Notification - Packet.pdf List of Property Owners.pdf Resident Email - Opposed.odf Let's open the public hearing. Do we have people who have come before us with a desire to testify today? Karen Moore, Recording Secretary: There are three people interested in speaking on this agenda item: Brian Borg, Richard Beaty, and Jill Dominey Chairman Senelly: Okay, in that order would you present yourselves? Come forward, tell us who you are, and where you live and all that good stuff,- identification. Brian Borg: My name is Brian Borg. I live at 18 Jamie Court, and for reference purposes that is located directly behind Hampton Inn and Suites. My wife, my three year old son and myself have quite a bit of experience pre, post and during construction of that area. I'd just like to ask a couple of questions. I'm not here to stop progress; here to just maybe modify it in a way that is livable to those of us that back up to it. So my first one is, in the documentation that was provided for us in reference to the Planning and Zoning Commission Staff report for PD -34, on page three it mentions lots three and four shall allow the following uses and it has a list. The document I got in the mail for the Public Hearing actually has it worded "the suggested retail uses to be allowed" and there is a minor but significant difference between how those two are stated. Is it only that list or is it suggested to that list but Planning and Zoning Commission Page 6 of 33 Meeting Date: July 18, 2013 Planning tip Zoning Commission Meeting Minutes July 18, 2013 others can be added at will? Chairman Senelly: We're going to ask our Staff to respond to some of these questions after you have had a chance to speak, and after the two others we'll have the applicant come forward and give us whatever information he wants to give tonight. Brian Borg: The second question I have for you is because I do live where I live and do know the wind patterns and do know how things work from a noise level perspective. The P&Z Commission got two things right with the Hampton Inn, one of them was the type of lighting you required; I would like to see that continue; the second was the retaining wall that was built was done great. It created a great transition. The two things that aren't working for our residents, for those of us — and I speak for myself living next to it — living next to the dumpster placement is not working. Four o'clock in the morning pick up is not a good thing. The other one is I know quite a bit of time was spent on the landscaping on the property between our homes, in fact there was a lot of time spent manually replacing bushes and trees to try to get quite a screen. That didn't really materialize. The landscaping that is between our homes and the hotel is, for all intents and purposes, practically non-existent. There's just a couple of trees and that's it. On Trophy Wood Drive there's more landscaping along there than there is between our homes, and I don't believe that was the intent. I'd like to make sure that that gets addressed as far as that's concerned. The next question I have is who decides once this property has been realized for restaurant or retail use what types of businesses can be put in there? As long as they are classified as "restaurant" is it a go from the committee completely or does that have to come before the Town Council? Chairman Senelly: Thank you for your questions. Carolyn, do you have any additional response to that? Ms. Huggins: Yes sir, I do. This document that I'm handing to Mr. Borg is the actual zoning document. If anyone else wants a copy they are available on the table. The Commissioners all have a copy of this zoning document in their packet. The uses listed in this document are the only uses allowed. On Lot 1, only a hotel is allowed. On Lot 2, only a restaurant is allowed. On Lots 3 and 4, only the uses specifically listed in the zoning document are allowed. Brian Borg: So this is the list of record? Ms. Huggins: Yes. As far as the lighting for Hampton Inn & Suites, that was done [is done] when a site plan is brought forward for consideration. When they bring a site plan forward to develop the hotel, or restaurant or retail uses, landscaping, lighting, signage is all part of the site plan consideration. As to whether or not a retaining wall will be required that's when it goes through engineering review with the site plan. Regarding the dumpster at Hampton, if they are picking up the Hampton at four o'clock in the morning that's a violation of our town ordinances and Allied needs to be called about that, and I will call them. Brian Borg: I think more than the time of day it is more just in general, it's very noisy. Based on where it looks like the location of the dumpsters will be it looks like these inlets they are all still facing the residential piece of it, so that's something that really should be considered; even though you might have a masonry wall. Chairman Senelly: Carolyn, what happened with the landscaping? Did it die? Ms. Huggins: The Hampton Inn & Suites must have landscaping exactly as required by the landscaping plan, and I'll have our Building Official check that. I know that we required that all of the shrubs be replaced on the front of the hotel. What was along Planning and Zoning Commission Page 7 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Plaza Drive had to be a certain minimum caliper inch, and they were smaller than what was required, and they had to take all of those out and replant new, bigger shrubs. I don't know along the back; I know there was one issue with one tree that ended up being too close to the easement, and so we moved one tree slightly because it could not be planted over an easement. The rest should have been planted exactly according to the landscape plan. I'll have our Building Official take a look at it. Any issues like that please call me anytime. You don't have to wait for a meeting like this. Brian Borg: As far as the usage, as far as the restaurants and types of businesses, how is that? Ms. Huggins: If it's listed in this document, and this zoning change request is recommended for approval this evening, then those uses are what will be allowed if the Council approves the zoning change request. Brian Borg: I would like to see sports bar and restaurant drive-in removed from the list. Living in close proximity to any kind of a drive-in with a box that makes any kind of noise, I'm going to hear it outside. It's not practical to think that I won't. And from a sports bar perspective, I just have visions of a Hooters being put in my back yard; and that's theoretically a permitted restaurant given the types of descriptions you have here. I don't want to give instructions to my home by saying, '7f you reach Hooters you've gone too far." Those would be the two I would request to be taken from the list. Chairman Senelly: Thank you very much for your comments. We're going a little backwards here tonight with this because we only have three people testifying, and I thought it would be beneficial for everyone, including the applicants, to hear these things before we heard them; so if you don't mind we'll continue to go backwards. Comments? Commissioner Reed: You mentioned the dumpster that is currently at the Hampton Inn; I drive by there but I honestly don't pay attention to the dumpster. Is it enclosed? Does it have a gate and things like that; is it open? You mentioned that you might have had a concern here, and I'm not sure I understood what that concern is. I understand that it's loud when it gets dropped, but you said something about how it was facing. Brian Borg: Well it looks like from the plan that there is a large indentation behind pad sites 2, 3 and 4. To me that looks like where they might be planning for the dumpsters to be placed and it's that all three of them, no matter what the business is that might occupy that space, all three of them face the residential side. My concern is not what you encase it in, obviously if it's food it's going to smell regardless, but the noise is going to be there no matter no matter what. Chairman Senelly: Thank you. Next. Richard Beaty: Hi! My name is Rich Beaty and I'm at 18 Hillcrest Court. I'm right on the end of Hillcrest Court. First I want to thank you gentlemen and you ladies too, for all the hard work you do on behalf of the citizens of Trophy Club. I just want to get that outright away. Basically it's just kind of like areal quick overview to what/ think a good neighbor would be, and probably what you would want to have in your own back yard. First thing is you want to have somebody that's going to be safe, have security and privacy. If you get a neighbor that's looking over your fence and peeking into your backyard you can call the police on them and tell them, "Hey there's a Peeping Tom over there. " So basically you want safety, security and privacy as a good neighbor. Secondly you really don't want to have pollution. Now of course Planning and Zoning Commission Page 8 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 most of us think of water pollution, but there are other things such as air pollution; something that creates smoke that is going to inundate the neighborhood; a smell such as we were talking about before about having trash cans that are nearby because the prevailing wind is from the south so all those neighborhoods up in there will get the results of any kind of noise, which is also pollution, or a light pollution; all that comes in that direction. Finally whatever plans that are put forward you really don't want to have schlup; that's the best way to describe it, because you know you don't want to devalue the largest investment that we, as homeowners, are making in our lives so you know you don't want to have anything that is going to be really cruddy right up next to your home property. That's why we have Planning and Zoning -- to make sure that, I don't want to offend anybody, but you know have a Mosque right next door or something that is not appropriate for the local area; and that's basically it, so if you guys can basically consider safety, security, privacy, the idea of pollution, and the quality of what's going in, I think, is important. Also I've got one question: there's a forty foot easement from the back of our fences to where the parking lots start, now the way I understand it the builder will build a fence along there; it's going to be about an eight foot fence, because I talked to Carolyn, I'm not sure if this is written in stone, but that's what's going on. There are 100 to 200 year old oaks that are in that area. If you drive by 114 you can look up there and you can see there are some nice trees. I would hate to see a bulldozer just level the whole area. Is there some way to work with the builder to save some of those trees? I know some of them are trash trees and you've got weeds and everything else up there. There are some really nice trees in that area and i hope there is some way that we can work with the builder to preserve it. It might cut down on his costs on whether he has to put in irrigation in that area and put in other trees if there are some existing. So anyway, thanks a lot. Chairman Senelly: Any comments or questions for Mr. Beaty? Thank you. Jill Dominey: My name is Jill Dominey. I live at 6 Valley Wood Court. If the zoning were to change, a hotel would be allowed that would be directly behind my house and my next door neighbors. My house represents basically most of my savings and retirement, and I figure that a four story hotel would be devastating to my property value and 1 would ask that the zoning not be changed The hotel is going to be closer to my house than the Hampton Inn is closer to the houses on Jamie Court, and I've looked at that property a lot. I would ask that the zoning not be changed. That's it. Thank you. Chairman Senelly: Now we're going to ask the applicant to come forward, introduce himself and make any statement that they wish or explanation of their project. Travis Bousquet: Thank you Chairman and fellow commissioners. My name is Travis Bousquet, 501 South Carroll Blvd., Denton, Texas. I have the honor of representing Trophy Lodging Ltd on this application. I assume you guys are obviously very familiar with the location; we're excited about it because of its visibility; its location, including having the hotel next door to Baylor Medical Center and then restaurants next to the hotel. The type of restaurants that we're looking at I would consider the higher end sit down restaurant. We're not looking at any type of drive-thru or anything like that at this time. We have worked diligently with Staff in developing the concept plan that you see tonight, as well as the development standards. I would like to address some of the comments that were mentioned by the neighbors, and we do appreciate those comments because we want to be conscious of that and try to develop a plan that is going to work all the way around. I believe it was Brian that mentioned about the lighting and some of the other items that will be addressed when we come back in with a site plan and our landscape plan. 1 just wanted to mention that we'd be open to look at what Hampton did as far as lighting and see if we couldn't incorporate that to try to keep a blend going across that whole area to help with continuity. We will come in with a landscape plan. We Planning and Zoning Commission Page 9 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 want this to be an attractive area. The type of hotels that we're looking at are listed in the PD. It will be from one of the brands listed: Hilton, Marriott, Starwood or Hyatt. The dumpster enclosures -- we want to take into account the neighbors if there is a way that we can reorient some of those enclosures the way they are shown on that plan we definitely will work with Town Staff to make that happen. As an engineer I laid it out what I thought would be good for Allied coming through there on that one street: pick up, pick up, pick up and leave out kind of a loop area, but we'll take that into consideration and see if we can't improve on that. Chairman Senelly: Questions for the applicant? Commissioner Sadley: Where is the dumpster for the hotel? Travis Bousquet: Typically the dumpster is located at the back of a hotel. Commissioner Sheridan: The medical facility has the dumpster located in the right corner. Commissioner Sheridan: if there is going to be noise, try and put them together? Commissioner Sadley: My concern is the medical waste going into the corner that close to the housing is not the same as restaurant waste going that close to the housing. I Imagine whatever hotel goes in, if we approve this, will have a restaurant. I'm just wondering if there is a way to mitigate the affect of southern breezes. Travis Bousquet: If I could just also mention on the dumpster enclosures for those restaurants on the concept plan, all the restaurants want to be as close to 114 as possible, so they are pulled up close. The restaurant pad sites are located 200 feet away from adjacent residential. Chairman Senelly: How many rooms in the hotel? Ms. Huggins: 109 Commissioner Reed: Do you have a franchise yet for it? Do you know what flag you're going to fly? Travis Bousquet: Our choice would be Hilton Homewood Suites. The owner has had discussions with them, but those discussions can only go so far until the Town approves the request. Chairman Senelly: As a point of information for those who don't know, a PD application does not require a site plan such as this concept plan, but once a concept plan like this is submitted and made part of the planned development, that's what you got to do or you have to comeback and amend. This plan becomes more than just a piece of paper in the approval of the PD. Okay? Travis Bousquet: Chairman, if I may also address a couple of the other comments from the residents? Chairman Senelly: Sure Travis Bousquet: The issue was safety, security, and privacy. in our site planning, and through our conversations with Town Staff, we did realize the importance of the neighbors back behind us, so when we oriented the building we kept it perpendicular to the residents to attempt to limit any of the sight flow, security or privacy concerns. I just wanted to point that out that's the reason why we have it oriented the way we do. Planning and Zoning Commission Page 10 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Allen: If I may? To Mark's statement with a concern about hazardous waste and so forth, hospitals and so forth, if it's considered hazardous in the rules and regulations as disposal, it is taken care of by the Federal Motor Carrier Safety Association, so there are federal regulations. It doesn't sit out Commissioner Sadley. Right; my concern was just that the stuff that they bagged up in plastic and it's all sealed, and they have thrown in the dumpsters; it's not going to have the same odiferous affect in the sunlight that a dumpster with a compactor with food waste in it for a couple days will have. So, that was my concern. Commissioner Reed: You made a comment about drive-thru's and you said "at this time_" You want to elaborate on "at this time?" I don't like at any time. I'm just curious, you're talking about some restaurants now, but you're saying if these don't work out it would be your intention to go to Plan B, which would be a QSR or something like that? Is that the plan? Travis Bousquet: No, our main goal is the sit down restaurants, the higher end. Commissioner Reed: But that would be your fall back if you could not get a sit down restaurant? Travis Bousquet: We're open to taking that out or adding a note on there that would require Specific Use or something like that to give you guys another opportunity to see, if we do have to go back to that. Chairman Senelly: An amendment Commissioner Reed: My other question is this screening and the set back here or whatever we call it, have y'all put together a plan? Have you visited with the neighbors? Has that been discussed? What types of trees? Sometimes I hear the developer is going to put trees up and I drive by and there are little skinny trees. I've got an iron fence so 1 can see my neighbors so we went and bought these gigantic Christmas trees, if you will, and stacked them on top of each other— that to me is screening. Have you had a chance to visit with the neighbors? Have you talked about what you're going to screen that wilh in terms of vegetation and things like that? Travis Bousquet: We have not, but we will. We'll go on record to make that a point to visit with them before we bring a landscape plan to the commission. Commissioner Sheridan: Carolyn, current zoning? Does the current CG that is currently in place allow drive-through restaurants, and does it allow for a hotel? Ms. Huggins: The current commercial zoning does not allow a hotel. That's one of the main reasons the applicant is requesting a PD, for a hotel use. Also in commercial zoning you can have a restaurant, but you cannot have a restaurant with alcohol beverage sales unless a specific use or conditional use permit is obtained which means going before the Planning and Zoning Commission and Town Council for an SUP or CUP. A drive-in is not allowed by the current CG zoning. So hotel and a drive-in restaurant would not be allowed. Restaurant with alcohol sales would require a specific use permit brought to Pt;,Z and Council. Commissioner Sheridan: Okay. Across the street on the other side, PD -25, does that allow drive-in restaurants and a four c;fory hotel? Ms Huggins: On three different tracts in PI- 25 hotels are allowed. Value Place is one of them, Hampton is the second, and F loliday Inn is the third — and Holiday Inn is Planning and Zoning Commission Page 11 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 currently under review, and you'll see the plat and site plan pretty soon. Commissioner Sheridan: So as a whole in this area, not just this particular tract, but the basic part, commercial down there, drive-throughs are allowed in certain circumstances. Ms. Huggins: In PD 25 restaurants are allowed but not drive-through. Commissioner Sheridan: Not drive-through Commissioner Reed: So currently there is no drive-through allowed? They are asking for a zoning change to include drive-throughs now? Ms. Huggins: Correct. That is part of this PD Commissioner Reed: So they are asking to have the ability to do three QSR? Ms. Huggins: i don't believe the applicant intends to market... Commissioner Reed: I'm not talking about intentions; I'm asking what they are asking to do Ms. Huggins: The zoning would allow it Commissioner Reed: That's what matters to me because these guys can sell it to anybody — they can have a contract right now and sell it to anybody that wanted it Ms. Huggins: Yes sir and it would be an allowed use with the PD as currently written. Commissioner Allen: t thought when t reviewed this document that there was a list of the hotels that were under consideration. I can't find it now Ms. Huggins: On page... Commissioner Sheridan: Thirty-two Chairman Senelly Thirty-two Ms. Huggins: Thirty-two, where it says Planned Development 34, the third paragraph, "...a hotel on lot... Commissioner Allen: Oh, okay, /got it Ms Huggins: shall be only from the following brands: Hilton, Marriott, Starwood or Hyatt. That is part of the PD document. Commissioner Allen: It's buried in prose. Ms. Huggins: and they must have the amenities listed: 24 -hr front desk, daily housekeeping, sit down lobby -- those items listed as part of the PD document. Chairman Senelly: Its my understanding that you are willing to forgo the option of drive-in/drive-through eateries? Travis Bousquet: Yes; thank you Chairman. Chairman Senelly: How about sports bars? Planning and Zoning Commission Page 12 of 33 Meeting Dale: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Travis Bousquet: Can we define the difference? I'm just picking a restaurant so please be open, is like an Applebee's with a bar inside considered a sports bar? Commissioner Reed: 1 wouldn't consider that a sports bar. Commissioner Allen: A gentleman of concern is shaking his head no. Brian Borg: Red Dog Right is a sports bar. The City of Southlake had to actually add tables to create a more family environment so that it wasn't just a bar. So Red Dog Right or anything that focuses on that. Tom Jariwala, Trophy Lodging Ltd: Our intention is a high-end sit down restaurant with a bar. We don't want to sell where it's only alcohol. The restaurants will help the hotel development because we want our guests to walk to a couple of high end restaurants and drink safely and walk back to their hotel. Chairman Senelly: Any other discussion items here before we close the public hearing? Commissioner Sadley: Are you willing to modify the one to get rid of the drive-in and modify sports bar to state sports bar and sit down restaurant? Travis Bousquet: That would be fine because that is more of our intent; we would just use the city's definition Chairman Senelly: Carolyn? Ms Huggins: There is a requirement in the town ordinances that restaurants and sports bars must sell a certain amount of food, sixty percent versus forty. I don't know if that comes into play with what restaurants they were planning to possibly market and recruit, but they would have to abide by that town ordinance that there is sixty percent food sales. Commissioner Reed: I like that. I think the concern is that a place like Hooters probably sells sixty percent food. I'm sure they can reach that threshold. Chairman Senelly: That's a lot of chicken wings. Commissioner Reed: Exactly; got to buy a big bucket of wings. My only other comment is you said you would meet with the residents. I want to make sure the screening is addressed. If I lived there I'd want to make sure/ hada stack of trees and some stuff behind me. Tom Jariwala: It will be part of the site plan approval with the city/ Chairman Senelly: It is our understanding that you intend to meet with the residents who are affected or adjacent in order to come up with that plan, is that correct? Tom Jariwala: We would meet with the city and I'm sure city would let us know when we are doing the site plan what the requirements are. Commissioner Sheridan: Mr. Chairman? They still have to submit a formal site plan with the correct documents so at that time we get to review how much landscape, the type of wall — not only the type of wall — the screening that is going to be back there. We have another shot with the site plan. Chairman Senelly: You have a question for Staff? Planning and Zoning Commission Page 13 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Sadley: Yes. If we get to the next step, to the site plan, and a 150 year old oak is twenty-five feet out in the parking lot are there options available to be able to work with the builder to say we need this tree preserved? Ms. Huggins: He would not be required to save any trees in the building or parking footprint. It is not required by ordinance to preserve a tree in the middle of a parking lot. Typically, with developments like this, it is very difficult to save existing trees; the developer ends up removing all of them and having to mitigate. A tree survey will be required with the site plan approval. They will have to do a survey of the site and mitigate per our tree ordinance. Vice Chairman Vowell: Does Trophy Lodging have other hotels? Tom Jariwala: We have a Hampton Inn and Suites in Greenville, Texas, and a Hilton Garden Inn in Denton, Texas, a Hampton Inn and Suites in Gainesville, Texas, a Hampton Inn and Suites in Lufkin, Texas, and multiple properties in Corpus Christi. Chairman Senelly. We have overrun the public hearing, and have gotten into the discussion with the commissioners, which is okay. I think with this small group it is fine to do that. At this time we will close the public hearing. We are now officially in discussion. Commissioners, if you have any further questions or comments, now is the time. I know we have covered a lot of ground. Yes Dennis? Commissioner Sheridan: I have several. Are we going to have the other Public Hearing after this? Chairman Senelly: Yes Commissioner Sheridan: Okay. On page thirty one and forty of your site plan, is it possible/desirable to improve the circulation of the hospital by having a drive cut between your property and them, especially up in the front where it wouldn't interfere with their parking? I didn't get out and measure, but they've got an area that could possibly go through. Travis Bousquet: We are open to that idea. The reason why we don't show it right now is because of the drastic elevation change that is between that area and our area; it drops real quick. We are open to it, but it may be cost prohibitive. Well investigate it Chairman Senelly: Do you have any idea what the grade change, what the differential is? Commissioner Sheridan: Oh, it's significant, eight to ten feet. Obviously they're going to need permission/cooperation from their neighbor, but to me it would be desirable, in my opinion, if it could work. On page thirty-three, the height sixty-five feet. Wanted to note that shielding could add another six to eight feet on top of that, shielding room material. On page thirty-five, on the submittals for the site plan approval, in the past we have seen line of sight from roof tops and stuff like that, and I'd like to have that specified. Carolyn is that normal? Besides normal, is it written somewhere? Chairman Senelly: Can we request line of sight drawings that would indicate from adjacent residents to the hotel, for example, what would be seen? Ms. Huggins: You can make that a stipulation in your motion that you want that added. Commissioner Sheridan: Will there be a property association between the different Planning and Zoning Commission Page 14 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 groups? Totally independent; each tract is totally independent except for as written here, restricted here? Travis Bousquet: Yes, that is correct. Commissioner Sheridan: Okay. Although you haven't gotten to the point of construction details, I personally object to having EIFS (Exterior Insulated Finish System] as not allowed. Did you request that? Travis Bousquet: Yes, that was discussed with Town Staff, Commissioner Sheridan: I want it pulled out. The Town Ordinances say other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. So if this got pulled out of here and you want to use it, you would have to come back to P&Z for approval. Stucco and EIFS have very similar appearances but they are different structurally — some of this is for the audience —I know people up here already know this. EIFS is recognized by the International Building Code which we follow. It has superior energy efficiency versus Stucco and the US Department of Energy has funded a research center at the Oak Ridge National Laboratory and they have declared EIFS better than Stucco as far as the energy efficiency goes. May 1 point out that Stucco has similar problems to EIFS as far as hairline cracking, minute cracking, which I think is a problem that staff has brought up in the past. As a principle, I think EIFS ought to be available for them to consider. Chairman Senelly., Any other questions or comments? We have a short list of things we'd like you to consider and that then could form an amendment to any motion that is made. Commissioner Sheridan: Mr. Chairman I'd like to make a motion to approve with four changes: (1) delete drive-through restaurants, (2) Sports Bar must meet town definition of a sports bar with food sales in the restaurant, (3) the site plan require a line of sight plan, and (4) remove the ban on EIFS. Chairman Senelly: Before we go ahead with that motion and ask for a second, 1'11 just ask right now if the applicants are still in agreement with those provisions? Travis Bousquet: We are in agreement Chairman Senelly: Do I hear a second to that motion? Commissioner Allen: Second Chairman Senelly: Thank you. Any other comments or questions? Let's call for a vote: all in favor of approval of this PD. Unanimous. to the Town Council due back on 0810512013 5. 2013424-T Public Hearing regarding a request for a zoning change from "PD" Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 (PD -33), Hillside Pointe, for single family residential development. Applicant: Corwin Engineering, Inc., on behalf of TC Hospital, L.P. Aaron Ketchand on behalf of prospective buyer. Attachments: A2olication.gdf Public Hearing Notice.0f Public Hearing Continuance Notice.pdt Planning and Zoning Commission Page 15 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 to the Town Council due back on 0810512013 REGULAR SESSION 6. 2013-423-T Consider and take appropriate action regarding Ordinance 2013-18 P&Z amending the Town's Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center; providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. A motion was made by Commissioner Sheridan, seconded by Commissioner Allen, that this Agenda Item be Recommended for Approval to the Town Council with the following stipulations: 1) delete drive-thru restaurants, 2) Sports Bar must meet town requirements or town definition of a sports bar which gives us the eating in restaurant, 3) Site plan require a line of sight plan 4) remove ban on EIFS The Council will hear this request on 0810512013. The motion carried by the following vote. Aye: 7- Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 2013-425-T Consider and take appropriate action regarding an Ordinance amending the Town's Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 5.596 acre tract of land located generally along Trophy Wood Drive to the south of Hanna Ct. from its current zoning of "PD" Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 for single family residential, providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Chairman Senelly asked the applicant to come forward. Aaron Ketchand, Taylor Duncan Development; 12400 White Road in Dallas came forward representing the owner/applicant who is purchasing the property. The builder will be Harmony Homes. Mr. Ketchand stated: The tract is a little over five and a half acres, and the desire for the client was to find a tract that would be suitable for empty nester housing. The site is heavily treed and we are well aware of the mitigation requirements that are going to be required. We have tried to preserve as many trees as possible at the site plan. Given the topography of the site, we will be cutting into the hill to flatten the site and dropping the pads, especially on the northern boundary, anywhere from 8 -ft, to 1 -ft. So the neighborhood to the north will have privacy as these homes will be at a lower finished floor elevation. The desire was to try to create a gated community with somewhat of a Tuscan feel. We have submitted a concept plan rendering for the community. We will have a commercial use, a hotel, to the south. Our client is aware that there will be commercial use to the backs of our residents, but typically for empty nester communities, they are usually smaller in both Planning and Zoning Commission Page 16 of 33 Meeting Date: July 18, 2013 Planning t£ Zoning Commission Meeting Minutes July 18, 2013 lot size and house size. The price per square foot, however, is significantly higher generally than the surrounding housing stock. That is expected here, given its location. We think it is advantageous for that, but also provides logical density transition use from the medium density single family residential to the north and the commercial to the south. We are willing to take on the four story hotel that we are going to be backing up to. Our civil engineer is present to answer any technical questions along those lines. I'll be glad to answer any questions you might have. Commissioner Reed: What is the average value of these homes? What is the price range that you project to be? Aaron Ketchand: We don't anticipate very many single stories. Frankly, the pad sizes just aren't big enough. The range could be anywhere from upper $200,000 to $500,000 depending on spec level. These will be highly amenitized houses where the purchasers are going to have distinct desires as far as finish out. Commissioner Reed: So upwards of $500,000? I don't think you're building a $200,000 house in there. Aaron Ketchand: it's a function of lot price -- the dirt price and construction price. Lot prices are pretty significant here, but the finish house price is going to be a function of what the buyer wants to put into the house. It's going to be a pretty nice product. Chairman Senelly: Do we have a staff report on this project, Carolyn? Ms, Huggins: This request is for a zoning change from what right now is zoned PD 26, a planned development for a hospital use, and the request is to change it to a planned development for single family residential. The property has historically been zoned commercial. In 2003 the property was rezoned from commercial to PD 26, Hospital use. Trophy Club Physician's Hospital, the owner decided to go elsewhere with the hospital, and so has had the property for sale and a buyer is now interested in this development as single family residential. It's a five and a half acre plot of land and the applicant wishes to develop thirty-seven lots. Lots will be a minimum of 3,600 sw. ft. with 1541. front yards and 5 -ft. rear yards. The applicant will provide a six foot stone wall along Trophy Wood Drive, and this will be a gated community with private streets. This project does not comply with the Comprehensive Land Use Plan which calls for commercial/professional development on this property, but the development of this land as high-density single family residential is compatible with the intent of land use as stated in the 1997 Comp Plan. This will provide buffering of the residential to the north from the commercial development to the south, and as already mentioned, that is a Holiday Inn hotel that is currently under review and will be brought forward as a site plan to P&Z in the near future. Commissioner Allen: It seems to be an exclusive type of project, which is good. Do you plan to have an HOA, and how do you plan to maintain the common areas? Aaron Ketchand: Yes, there will be an HOA. Those assessments will be levied against each lot to maintain both the walls and the common areas. Commissioner Allen: Are you looking towards the city to provide police and fire protection, I would assume? Aaron Ketchand: Yes Commissioner Allen: Are we prepared to do that? Ms. Huggins: Yes. This was reviewed by Danny Thomas, the Fire Chief, and has been given approval. Planning and Zoning Commission Page 17 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Reed: Do hospitals generate any sales tax? Ms. Huggins: Not unless there is something inside the hospital. Chairman Senelly: Gift Shop Commissioner Reed: So the answer is no Ms. Huggins: Gift shop or restaurant -- cafeteria -- similar to what is inside Trophy Club Medical Center. Commissioner Reed: I was talking about something substantial. Chairman Senelly: Pharmacy Audience Member Calling Out: The new private hospital in Southlake generates sales tax. Commissioner Reed: Okay Audience Member Calling out: Hospitals such as Baylor are exempt. Commissioner Reed: The retaining wall that you talked about that will affect the residents that live directly behind there. There is a substantial drop off. It looks a little flimsy to me. Are you going to remove that retaining wall and put in a new retaining wall? 1 don't want to see those houses moving down towards these new homes. Aaron Ketchand: A new wall will be put in. Anything over, I believe, 3 or 4 -ft. has to be engineered so it will be structurally designed. Commissioner Reed: So old wall removed? Aaron Ketchand: The wall will be on our property; it will not be joint. Commissioner Reed: So two retaining walls next to each other? Aaron Ketchand: I don't have an aerial so I'm not sure what retaining wall you are referring to. Commissioner Reed: Maybe I'll be clear in my question. So you have a retaining wall there now, and a lot of the residents, I believe, have fences on top of their retaining wall, or right next to them. My question is are you going to remove those residents'retaining wall and fences and put in a new one as you excavate that property? Aaron Ketchand. We'll need to talk to the engineer on the grading plan. Brandon Davidson: A lot of that will depend on where the retaining wall is actually located. We have to do a survey to see where it is. We haven't done a detailed survey of that yet, but we can't just go onto someone else's property and take down their retaining wall. There may have to be some space between ours and theirs. I doubt we would be removing the old retaining wall, but I'm not ruling it out. Commissioner Reed: Then when site plan review comes along that will be addressed? Planning and Zoning Commission Page 18 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Ms. Huggins: It's all part of the infrastructure review that is done with the plat. Chairman Senelly. And this is a perfect time, with your permission Commissioners, I'm going to ask Secretary Moore if we have folks signed up to speak? Ms. Moore: There are two: Roger Williams and Greg George Roger Williams: I'm Roger Williams; 1 live at 215 Phoenix Drive in Trophy Club. I'm happy to see all the turnout at a Planning and Zoning meeting. I can tell you when I was on the board we were lucky to have three people here. I just have some concerns. The '97 Comprehensive Plan had this as commercial property. Trophy Club has very tittle commercial properly to start with, and I'm really concerned that we're eliminating commercial property to put in housing. I'm also concerned that this backs up to a potential hotel, and we're talking about supposedly exclusive homes — maybe a price point of $350,000 to $500,000. I'm not sure who wants to buy a home at that price point right behind a hotel. So I would be a little concerned about that. Also this is supposed to be an empty nester community, and he stated that it would be mostly two story because of the size of the lot. Well, I can tell you, I'm a empty nester, and empty nesters don't want two stories; they can't walk up and down the stairs. So you're not going to get old people to go into this. You might get younger people to come in, but not older people who are empty nesters, to go into this type of community. I think the price point is very high for the location. My biggest concern is we have very little commercial development in Trophy Club. Originally this was supposed to be a buffer, we already had a development that was set up to be a buffer, and now we have another buffer? I'm concerned. Chairman Senelly: Thank you Vice Chairman Vowell asked the Chairman for permission to ask staff a question. Chairman Senelly granted permission and Vice Chairman Vowell asked Carolyn if anyone has ever expressed an interest in that property for commercial use? He stated that it seems very isolated. Ms. Huggins: In the six years that I have been the planner for Trophy Club we have not had any commercial interest in that property. We have had some interested in pursuing it for residential rezoning site; they have never come forward with an official submittal until this applicant. So the interest in the past six years has only been for rezoning it to residential. Chairman Senelly asked the next resident wishing to speak to come forward. Greg George: I live on Hanna Ct. There are no retaining walls behind Hanna Court. Chairman Senelly: Just a fence, right? Greg George: Well, it's the old Trophy Wood Drive, For those of you who have lived in town for a long time, they pinched that off. I've lived in my house almost fifteen years. So, why did we leave Grapevine? Well, the first thing was 1 wanted to move to Denton County. You know what happened to Denton County where I live ? Who would have thought that our lawyers in Denton County would have been savvy enough to lose that one? I was a big fan of the hospital development. And I also want to say for the people who are residents here that we went into the development eyes wide open. The back of Hanna Court, my house faces the water tower, and my neighbor Derrick, who is right next to me, he's more behind the water tower, but when we signed to have the house built in '98 we knew there would be something behind us, and we also knew that we had to put our trust and faith in the Planning and Zoning people and the Town Council to do something that would be indicative and representative of the city. I was a big fan of the hospital. I really don't have a Planning and Zoning Commission Page 19 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 problem with the residential development, but the hospital included a buffer zone between the back of my fence and their parking lot. Well, if/ understood what this gentleman said, I can walk out to my fence and their house is five feet behind my fence. Now I'm at the end where there is not going to be a need for much, if any, for a retaining wall. What's wrong with taking the old Trophy Wood Drive and making it the road into their neighborhood? And the second thought, while you're pondering that, if you want to know how small these lots really are, go to Hanna Court and go look at the last undeveloped lot. That is about a 5000 square foot lot. It looks like a postage stamp. So while I'm in favor of their project, Mr. Holley who developed Hanna Court and Jamie Court, he put too many homes in too small a space. Now we all like where we live — there is value there, but I guess my appeal would be if you want to support the project, I'm with you, but you can't have this kind of density for single homes. I would request that there be some sort of a buffer. If you can't use the road in the development that's there, the road bed, that would eliminate the need for certain kinds of retaining walls too close to our property. The house that I left in Grapevine, my driveway went up. I had a huge retaining wall. If I wanted to I could take a running leap off my driveway and jump on his roof. We left that because we had concerns about the long term structural nature. I'm not a fan of retaining walls in a place that has a lot of underground springs, which Hanna Court does, and in an area geographically prone to soil shifting. I see that as a problem. Maybe the engineers can call me a liar, • I don't know. But I support the project if we could just get some changes put in as far as the buffer zones behind our properties. I think that would be very beneficial. A couple other comments, I work as a commercial underwriter for an insurance company. EF1S is one of the largest sources of construction defect claims on the face of the earth. Run from it. Most insurance companies won't even cover it. The people who install it and work with it, they have to achieve special certifications just to deal with it. If it came to me to insure somebody working with EFTS, I wouldn't do it. So that's just food for thought. Restaurant, since that development is part of the agenda tonight, I think you have to make the distinction between a bar that sells food and a restaurant that serves liquor. Look at the hours. Nobody is serving food at two in the morning. Last thought, like I said, we went into this eyes wide open when we bought our property. We have lived there almost fifteen years; that kind of makes me the gray haired old man for Hanna Court. We like living there. I think it's a great entry into our community. We moved here for all the right reasons. We knew there was going to be development, but if you have ever been to Metairie, Louisiana, a suburb of New Orleans, you get a strip center, a restaurant, an office building, and they just put it together — kind of cobbled up. This sure has the feel of that to me. I mean the Value Place kind of got away from everybody; it certainly doesn't look representative of what I think we want for our community. Do we want a high-end development fronted by a hotel? You want to fork out a half a million dollars to live here? Carillion which is just down the street, they are building gigantic homes in kind of a similar environment, it's just bigger, and they certainly wouldn't have that kind of an issue. Commissioner Sheridan: Greg, farther up from where you are there are some stone retaining walls. Greg George: Those are fences Commissioner Sheridan: Fences are on top of them. I walked it today. By the way, are you down at the bottom where they are putting in the patio? Greg George: I'm almost at the bottom; Derrick is actually at the bottom. Commissioner Sheridan: Nice patio you are putting in. Anyway, farther up there are some stone walls that could be considered retaining walls. Greg George: Well, I would just say that I feel for my neighbors that live up the hill, Planning and Zoning Commission Page 20 of 33 Meeting Dale: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 but where I live I catch the drainage of everyone's house. I just know that part of the issue that we have at Hanna Court is, there are a lot of underground springs. I built my house, so I know what's underneath it. Commissioner Sheridan: I'm going to ask about drainage here in the appropriate time. Chairman Senelly: Thank you so much for your testimony. We're going to close the hearing so as commissioners we can discuss this properly. Alright, let's open this for discussion. Commissioners, questions, comments? Commissioner Reed: Have ya'll looked at putting the street to this neighborhood back where the street was before? Was that considered? Aaron Ketchand: Yes, we laid this out any number of ways. There is a due diligence process in trying to figure that out. One issue was turn radius' to try to line up our entrance with the existing median break. In order to do that and still fit the lots in this is about as efficient as we could have gotten. We had a minimum number of lots we were trying to achieve and we barely got there. Vice Chairman Vowell: What's the frontage on these lots ? Did you say it's 3500 square feet total? What is the frontage for each? Aaron Ketchand: Each lot is 40 -ft. in width. There is a 15 -ft. setback that's actually 20 but we wanted to allow for the option of front porch elevations to be available, so that would encroach into, but the garages would still need to be 20 -ft. Commissioner Reed: Carolyn, is moving that curb cut an option? If moving the curb cut to the north allowed them to keep the same number of homes, but yet provided a buffer for the residents behind there so that the street ran directly behind the houses is what I think you were getting at, right? Greg George: Yes, in the back of our property that fronts the fence that is going to become their property line. I believe there is a ten foot utility easement — I don't know how they can get away from it — wouldn't the easement be the same on both sides of the line? Commissioner Reed: I'm not sure about that, but if the curb cut was moved up further to the north does that resolve your issue? I guess that's my question and can that curb cut be moved further to the north? Aaron Ketchand: There is a driveway on the west side of the road that is already existing, so I think it would be pretty near impossible to move the curb cut. And there is also one at Hanna Court. Commissioner Reed: Are you talking about the median break? Aaron Ketchand: Median breaks, yes. Commissioner Reed: So your residents would have to take a right, go back up, take a left and come back down. Aaron Ketchand. Right, which I think is discouraged Ms Huggins: It's really difficult to answer these questions because we don't have any infrastructure documents yet to look at. This is a zoning change, so we don't require them at this point. I can't speak for the Council, but typically they do not want additional median cuts on the collector roads. Trophy Lake, Trophy Wood, Trophy Planning and Zoning Commission Page 21 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Club, Bobcat Boulevard those collector streets — Latter Day Saints for instance; the Church of Jesus Christ of Latter Day Saints is being built at the comer of Bobcat and Trophy Club Drive and they requested a median cut to change the location of their driveway, and that was not approved; and they really wanted it, and it was not approve. Median cuts -- it's kind of hard to change those. Impossible? No, but difficult. There is a driveway to the north which is the entrance to Hanna Court. Distance from existing streets come into play here. It's difficult, at this stage of the project, to answer that question as to where it could be moved to and how. I will tell you that, if this zoning change request is approved and moves forward, the applicant will have to figure all of that out, and you will not see the plat (or site plan for the other commercial project) until it has gone through review and all of those situations/requirements have been met for distance, for visibility, for topography, for curb cuts, for median cuts. Chairman Senelly: Your Chair, Commissioners, has a couple of questions/comments. (1) The question about the median break. What you're talking about, Mark, would require somewhere between eighty and one hundred feet of additional break, rather than moving it, just extending it to make it a wider break in the median in order to do what you are suggesting. We have many instances of giant breaks in medians around town, so 1 think there is precedent for that. (2) 1 have a good friend who protests what he calls the flat world society; he's a landscape architect and he takes a lot of issue with people always drawing things using a computer because it's so much easier to make it a flat terrain than a realistic terrain. This is a hilt side, and it doesn't change much from a hundred feet up this hill to where the break is in the median. It's all a pretty decent slope, and that is not accurately depicted in these drawings. Now you didn't have to submit these drawing as part of this rezoning request, but since you did, first off its not an accurate depiction. 1 don't know how you get those flat structures and all that flat stuff to happen on that steep slope. Which brings to the forward the question of sight distance and other things as folks are going in and out of the driveway. Notoriously, people going through 'gates`, they dart across to get into the thing, and dart out to get out once the gate is open. I'm watching what happens up at the infamous Hanna Court. I know this area very well, and so do a number of other people who walk their dogs up and down that hill. So as relates to the question of different layout — yeah, there are probably other layouts that could come close to the same number of lots. It's a matter of geometry. (3) On this drawing you have indicated a retaining wall, which has been a subject of discussion, and you mentioned that there is going to be a substantial change in grade to cut these lots out of the hillside. You need flat lots to put these small houses on. 1 would suggest if you are going to provide a drawing like this, with an indication of a retaining wall, that you provide at least a couple of cross sections that indicate where the retaining wall is located and how high it is. With relation to the houses behind, the fencing that backs up to Hanna Court homes is original for the most part. I don't think much of it has been replaced. Not all of it is in great condition. Notwithstanding the difficulty of working with people, to make your new retaining wall satisfy their needs I think, given the very tight borders you have to work with, you are more or less obliged to do that. It's not something the town should do for you. /think you have a limited number of people here from Hanna Court who are going to be affected by that, and your proposal is going to need something on top here anyway. Whether it is a standard highway design pipe railing to prevent landscapers from falling off the wall, or whatever it is, they need to be answered. While this drawing is a concept in your eyes, once we take action on this PD this becomes part of this PD. I'm going to suggest that there should be additional consideration for geometric changes, and Engineer, I think you really need to respond to the question of slope, and sight distance, and how you are going to make that thing work because it's a pretty wide gate area, and what the heck are these sections through this thing anyway? That's my comments and those are my questions. Planning and Zoning Commission Page 22 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Sadley: Carolyn, I have a question. A comment was made that kind of raised concern tome. Allegedly these are $200,000 to $500,000 homes. They are small homes and small lot sizes in the shadow of a hotel. I wouldn't buy a $500,000 home in the shadow of a hotel. So I'm wondering what's going to happen when nobody wants to buy at that price point? Does that mean we'll have $100,000 to $200,000 homes? So if what we're acting on today, which is the rezoning, and we say yes to the rezoning then when it gets to the point of what is going to be built on this property, is there something that says it has to be these materials, this quality, this price range, this whatever so that we can insure that what we are getting is a quality home ompatible to Trophy Club rather than something compatible to a mobile home park? Ms. Huggins: What has to be built is the product to the design standards in the PD document in front of you. It has to be built on a minimum lot size of 3600 square feet, with a 15 -ft. front yard setback, 5 -ft. rear yard minimum setback, It has to built to those specifics in the zoning document. There is not any price range in that document. It's only what is specifically in this PD that they have to build to those standards, or if it's not addressed in the PD then it reverts to the Town standards. That does not include price point. Chairman Senelly: One other question that came up to me about this prior to this meeting, which 111 relate to you, is if there is a requirement for aesthetic amenities, item number six in the Planned Development list of requirements: Aesthetic amenities may be provided, which are not economically feasible to provide in a conventional single family project - we don't know what they are. You have shown some suggested elevations of these dwellings; with [what] looks like more than ten feet between them as the plan prescribes, and large trees behind them, not sure where you got those, but you have shown some features on those buildings that you might want to include as 'these are the things we are going to have here; these are the aesthetic contributions we're going to make. Every home shall have some of these features. " You might want to be specific about that, and I'm going to request that you do that. We have options with this if we want to make a motion, and I'm just going to, as your Chair; suggest that we ask for additional information. That's my suggestion, and 1'11 make a motion to that effect. Commissioner Sheridan: Can I have my say first? Chairman Senelly: Absolutely Commissioner Sheridan: To the applicant, I am known to ask a lot of questions. I have three pages, six issues. One is that the Town of Trophy Club, on our website, says that we are on pace to be ninety-nine percent developed by 2017; that's only a couple years. On the Town website we only have fifty-five acres of commercial land left. Twenty-six of that is all in one location up on Trophy Club Drive. You're taking out a little bit less than six acres out of that for your proposal. The property has been commercial since at least the mid to late nineties. As Greg said, he knew it was zoned commercial prior to buying. Hanna Court was platted back in '96, so that gives that relationship. The medical facility had a PD created from commercial to the medical facility back in 2003. Hanna Court was supposed to be the buffer. This is an entrance to Trophy Club, a back entrance. This property has access to 114, and depending upon how it is developed and what is developed in front of it may or may not have visibility to 114, but it has access to 114. Obviously the owner has been sitting on it for a long time trying to put a medical facility there. it didn't work, but there is no reason why it can't revert back to a Commercial General. Commercial typically sits for a long time until the residential is build up, that's a normal thing. It is not unusual for commercial land to sit for a long time and to have a variety of different people look at it for any number of things. Looking around at our current land that is zoned residential, for example Hogan's Glen, Hogan's Glen has a high density zoning Planning and Zoning Commission Page 23 of 33 Meeting Date: July 18, 2013 Planning 1£ Zoning Commission Meeting Minutes July 18, 2013 area called The Villas that is coming up to us. They also have a nice area that is being developed right now. This property, the subject property tonight, is currently valued according to the CAD at a million twenty six. That's two hundred and something thousand dollars an acre; thirty-six thousand two hundred per lot. By the way, I calculate your lot cost at ninety-seven thousand. The Villas of Hogan's Glen, the lots are forty-three thousand an acre. So it I was a buyer and I bought this property residential, the next day i would be down at CAD getting my value lowered significantly and i would have documented proof to do so. Many properties commercial are slower to develop. We need a long term outlook, not a short term. Short term is to go ahead and let this develop residential. Long term, which I think is better for the Town, is to let it idle until it comes up with a commercial use. So I am against any residential, period, in that location. Do we need an empty nester? I'm going to use the word "over fifty-five" because you haven't said that, all you said is empty nester. This town needs an over fifty-five, but not in this location. The property itself, Hanna Court, a lot of those lots up the road from where Greg is drain onto this property; I cannot find an easement or anything that says they drain to the street. Visibly they drain backwards, and that's an issue, and you started to address it. The other thing is, Greg, there is no utility easement on the back of your property; there is a ten foot tree preservation easement. Greg George: Maybe that's what I remember from when the hospital... Commissioner Sheridan: and it's on your lot. On the applicant's land there is a utility easement, but it goes across the land way away from the property line, and would obviously have to be moved in some form or fashion. Trees. Based on your layout and based on our tree ordinance, the trees that you'd have to mitigate would be minimal because our ordinance allows any tree that's going to be in your building pad, and the street, to be just bulldozed down. So with this type of density there's not going to be any more trees. If it's on your property, so be it, but on Hanna Court there are numerous twelve inch, twenty-four inch trunk trees that are on the property line that have canopies fifteen to twenty feet in onto your property. Texas law would allow you to slice it and they aint got a say in it. Now, granted that would be very bad and you wouldn't do it because you're a good neighbor, I'm saying legally you could. If we left it commercial, then we have that forty foot buffer that is already set on the plat. Forget the idea that this is higher density; this is not high density, six point six to an acre is not high density. Is it higher than the four point something that is on Hanna Court, but Hanna Court is already our buffer. We cannot afford to turn this into residential. I have other questions on the residential side if it goes that far. Commissioner Reed: I have a question. If this goes to commercial, it's medical now, is that right? Chairman Senelly: It's PD Hospital Commissioner Sheridan: Prior to 2003 it was Commercial General and in 2003 they came in and rezoned to a hospital PD for this particular one track. Commissioner Reed: So if it's commercial, I guess my question is can we wind up with another hotel? Commissioner Sheridan: As of right now, Carolyn correct me if I'm wrong, it is specific for medical. They either have to build a hospital or comeback and ask us again and we would go through a public hearing and we would have to go through a rezoning issue from scratch. Commissioner Reed: So a NO vote leaves it Commissioner Sheridan: where it is Planning and Zoning Commission Page 24 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Sadley: Do you retract the motion? Chairman Senelly: I haven't made it yet. I said I would make it, and I still could Ms. Huggins: May I add some information about drainage? Chairman Senelly: Sure Ms. Huggins: Because of the hotel being reviewed to the south of this site, the Holiday Inn that is under review right now, the Town Engineer, Mr. Rutledge, did see that there were drainage issues with this site that also impact the Holiday Inn, and he asked Staff for permission to put the Holiday Inn Engineer in touch with the applican's engineer, and they are already talking about that. Those issues would all have to be resolved during the review of the infrastructure of this project and they would have to have a plat coming forward as well. Chairman Senelly: Carolyn, you understand that there are good reasons why this property has not already been developed for commercial or hospital use? Ms. Huggins: I can't tell you "why' it is or isn't being developed for commercial. I can just tell you that in the six years I have been here there has been no interest in developing it for commercial. There has been other interest in developing it for residential. I can pull up the Comprehensive Land Use Plan, but I believe by definition in the Comprehensive Land Use Plan that Hanna and Jamie Court, PD 14, is considered medium density, and this would be considered high density, I believe. Commissioner Sheridan: The Comprehensive Land Use Plan considers high-density to be apartments. Ms. Huggins: I'm thinking specifically of denisty by acreage. Commissioner Reed: It's not desirable for retail, for hospital yeah, maybe so Commissioner Sheridan: But it could also be office space Commissioner Reed: Or office, but I don't ever see that being retail Commissioner Sheridan: I would agree. The retail is going to be up the street Commissioner Sadley: Kind of looking at it from just maybe a country way, the people on Hanna Court bought their property they said this is what the property is, this is what the zoning is, I know what this is going to be, and I'm going to invest my money in this property. And the people bought this property that we are discussing today, they said I know what this property is, I know what the zoning is, I'm investing my money in here. I don't think it is right for us to take people who made one decision up here based on a set of facts, which may or may not have been the right decision and say Okay, the decision made down here may have been a mistake, so we're going to correct his mistake perhaps and circumvent the right decision up the hill. I totally agree with everything you have said. Commissioner Sheridan: When Hanna Court was developed and they moved in it was commercial and we don't know what it's going to be, and we have other properties in town that mayor may not have any interest or anybody talking to it. I've been in commercial real estate for a long time, and I've managed many hundreds of acres, and one property that we bought in 1997, HEB just bought it and closed on it this year. Anyway, the idea being is in commercial property there is a variety of stuff out there. Planning and Zoning Commission Page 25 of 33 Meeting Date: July 18, 2013 Planning tip Zoning Commission Meeting Minutes July 18, 2013 Commissioner Sadley: The other thing you mentioned, Trophy Club is going to be built out, residentially, very soon. Not just Trophy Club, drive out through Roanoke, drive up through Argyle, drive up through anywhere, this area is building out like crazy. There is more development than any place in the world in this area. So, if you leave the property commercial, if you consider rezoning it some other type of general commercial or something eventually that is going to increase the value. That will be a valuable piece of property that will be tax revenue. Commissioner Sheridan: Of some form or fashion Chairman Senelly: Gentleman, as an idealist I can agree with everything you are saying, I just would remind you that Trophy Club must wait; their current way of doing business for an applicant to come forward with a proposal and then respond to that. We have no way of marketing this property ourselves for commercial use. Notwithstanding the fact that it's actually zoning is as you mentioned PD Hospital, it's not Commercial General any more. Until somebody comes in with a Commercial General application to change the zoning we have no reason to look at that. So, we have something before us, you may not find it ideal, but it does speak to issues of buffering between hotel and residential, it may not be what residents had anticipated and bought Hanna Court to begin with, but it may be better for some of them then some of the alternatives that could be in that Commercial General or PD Hospital category. They can speak to that for themselves. Finally, there is tax revenue to be had from development of residential, and a high density or a medium density or whatever you call it, just as well as there is from other uses. We continue to permit things in Trophy Club that are not great sources of tax revenue including churches and so on. This is not one of those things. This is a source of revenue and it's also a source of residence, of people, who then become users of businesses and users of residence, and good neighbors and all of that. I'm not promoting it I'm just saying we have something real in front of us to respond to, and we ought to respond to that. Commissioner Sadley: Is there a motion on the floor? Chairman Senelly: Not yet Commissioner Sadley: I'd like to make a motion that we deny the request Commissioner Sheridan: Second Chairman Senelly: Any discussion? Ms. Huggins: Do you want a chance to say something? Aaron Ketchand: If possible Chairman Senelly: Please Aaron Ketchand: I appreciate the opportunity to just address a couple of the comments that were made. I for one obviously can't predict commercial transactions in the future. I will say, and you are correct, commercial does take time and usually it involves housetops being built around it first. We are buying this property from the hospital user that passed up on this property to go build the Southlake hospital down the street. I don't know who would be interested down the road, but that is who we are buying it from, and I don't know how long it would take for somebody to become interested in this property, but giving what's being developed to our immediate south, along our boundary, I don't know how much value there would be on a tract like this for medical office or hospital, so please keep that in mind. I did look at an aerial real quick as it relates to the road, there is a decel lane off of Trophy Wood, so there is a Planning and Zoning Commission Page 26 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 transition in that median that would prevent another median break coming in north of where we proposed. As for a product offering for over fifty-five, this is housing stock for my parents. Yes, two stories aren't the most appealing t guess to some over 55, and it's a little bit outside of the scope of the conversation for zoning, but most of those master bedrooms and living areas are going to be downstairs which is designed specifically for that buyer. We would be willing to continue the conversation of materials. You referenced streetscape and what might be included whether it be carriage garage doors and so on and so forth. We would be more than willing to entertain continued conversations on those regards. Chairman Senelly: Further discussion? Commissioner Allen: 1'd like to weigh in. I think that history and experience tells us that this land for commercial development is what I'd call a pig in a poke. I think it's a nice piece of property, but it's not going to be realistically developed in a commercial manner that we are accustomed to here in Trophy Club. The only thing I can think of that it might accommodate would be something like office suites. We've already got office suites. You aren't going to put a dry cleaner up there, that's for sure. I think the use of the property acting as a buffer, as well as for Trophy Club in general from the Holiday Inn hotel, makes a whole heck of a lot of sense. I think the issues that have been raised can be worked out with the proposed developer and so forth, and that I would stand to be in favor of allowing it to be developed as a residential area. Chairman Senelly: We have a motion before us that has been seconded. Commissioner Allen: Would you repeat the motion please? Ms. Huggins: A motion to deny by Commissioner Sadley and seconded by Commissioner Sheridan Commissioner Allen: So a yes vote is not to accept the proposal Ms. Huggins: A yes vote is to deny Chairman Senelly: A yes vote would be to deny. All those in favor? 3 in favor - Senelly, Voweii, Allen Opposed? 4 opposed - Forest, Sheridan, Sadley, Reed Ms Huggins: Now you need a motion to approve Chairman Senelly: Okay, and so I move to approve the rezoning with the additional requirements that we have already spoken to: for information that is related to engineering, including the entrance, the flat world society drawings as well as the section, is there anything else we've asked for? Commissioner Allen: Buffering Chairman Senelly: Addressing the issue of how you relate to the Hanna Court in terms of buffering, acknowledgement of what trees you really intend to save. Anything else? Commissioner Allen: I second the motion Chairman Senelly: There's a second. Any discussion? Commissioner Sadley: yes Chairman Senelly: Go ahead, please Planning and Zoning Commission Page 27 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Sadley: If you amend to it the tree plan and everything else does that mean if it's presented and it's not acceptable that we get to say that it's not acceptable? The vote for approval is now retracted? Chairman Smelly: Not exactly. It means that we expect to see a developed concept plan, plat and infrastructure plan that will address these issues. In our approval of it we are merely stipulating that be part of the next submittal. Ms. Huggins: So the zoning change will be as it's shown in this document. Those stipulations go to, as Chairman Senelly just stated, the next submittal. This does not happen between now and when Council considers it. It would be when it comes back to P&Z. There is not a site plan for residential; there is a plat and infrastructure. Commissioner Reed: So by approving this we are removing the buffer. I thought they said there was a ten foot buffer. Chairman Senelly: I'm a little bit confused about this so called existing buffer. Can we get some clarity on that? Ms. Huggins: I'm not aware of a buffer. Commissioner Sheridan: The current plat has a forty foot landscape buffer. The Hanna Court properties have a 10 -ft. tree preservation easement on their properties. But according to this document, if approved, there would be zero buffer. I want to bring up just one thing that the applicants indicated that he's planning upon doing a cut of eight feet; this document has a five foot back yard. Eight foot retaining walls are not straight up and down; they do have a slant to them, even the engineered ones. Chairman Senelly: They can be if it's all concrete, it can be straight up and down Commissioner Sheridan: Okay, but they're not going to be able to lateral it. Are you putting the house 5 -ft. from the retaining wall or 5 -ft, from the property line? Chairman Senelly: Carolyn, do you have any information about the buffer? Ms Huggins: I'm pulling up the existing plat. This is important to clarify. Aaron, are you aware of anything on the plat that stated that? Aaron Ketchand: I believe I remember seeing a setback buffer from the property line to the proposed hospital. I think it was a based off the previous site plan with TC hospital, who we're buying it from, that it was a buffer to that building, but we're not building a hospital. But again, please confirm that. To answer your question as far as the roof setback, that 5 -ft. is for building pads. Each house will obviously be a little different. Any slant or slope to our retaining wall will be all on our property. But those are building pads we called out on our concept plan. Each footprint of each house will be product specific, and there will be back porches and different things in the backs of those houses. Commissioner Sheridan: When you bring back the information we're asking I would want to know how many lots could handle a single story. Seventeen hundred square foot is extremely small. On a 3,600 sq. ft. lot, the largest single story you are going to get on there is 1, 620 feet. There is a height requirement allowed of 40 -ft. That's a concern architecturally. Thirty-five feet would be more appropriate. Ms. Huggins: I've pulled up the existing plat and there is a 40 -ft. buffer easement from the Hanna Ct. property line into this property. Also, part of that 40 -ft. buffer Planning and Zoning Commission Page 28 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 easement is a 50 -ft. easement for an old road that provided access to the water tower before other arrangements were made. That 50 -ft. easement has to be abandoned, and that would be done by plat. The 40 -ft. buffer easement would also be removed when replatting for residential. There is not a 40 -ft. buffer required for this project. And, inf act, any other project that comes forward, commercial or residential, they would have to replat that easement; that road easement has to go away for any development. Chairman Senelly: Thank you Commissioner Reed: So there isn't this 10 -ft. tree preservation that we keep hearing about. Ms. Huggins: I'm sorry; I did mean to address that as well, if I may. That was part of the platting for Hanna and Jamie Court. Back in '95 when Hanna and Jamie Cts. were created there were no drianage easements included on the plat for those properties which have created problems for those homeowners ever since. As recently as this year, we've had a couple of homeowners have issues with drainage which were compounded by the fact that there are no drainage easements on their properties. Drainage easements should have been required and centered on the rear property lines. The PD -14 developer should have been required to contact and work with the property owners to the south of PD -14 to create drainage easements. That didn't happen and instead the PD -14 developer tried to create an alternative easement by platting a 10 -ft. tree easement solely on the Hanna and Jamie Court properties, which created a burden for them. Some of them have absolutely no trees whatsoever in that ten foot tree easement, and yet they can't build anything in it. They are minimum 5,600 sq. ft. lots. If they want to build a pool or something else, they have a tree easement they have to deal with. That was a burden that the developer put on those homeowners. And, they have no drainage easements on their properties which creates a burden as well. We will make sure that that doesn't happen with this development. Chairman Senelly: Carolyn, is it conceivable that since water currently passes over the old roadway bed from Hanna Ct. and proceeds on down the hill through this subject property that the development of this property may be able to alleviate that? Ms. Huggins: Yes, the Town Engineer is going to work with this developer and the Holiday Inn engineer to make sure that happens. One of the reasons you have not seen The Villas development for PD -22 is we are dealing with drainage and sewer issues. They are the last development in Hogan's Glen. Everything around them has been developed and so they are the catch all for a lot of problems. Commissioner Reed: Including water Ms. Huggins: Especially water and they have to deal with it. Their engineer has to find a solution to those problems. The plat cannot be brought forward to you until those are resolved. That's one of the reasons you haven't seen that yet, because we are still working on resolving the water and sewer issues for that development. Chairman Senelly: Are we to understand that the Town Engineer is looking at this project as welt? Ms. Huggins: He is because of the Holiday Inn project to the south. Because there is water that comes across this project and drains into the Holiday Inn property, it's very important that these two engineers talk to each other and work together to build the infrastructure that is going to handle both projects. Planning and Zoning Commission Page 29 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 Commissioner Reed: Would you consider increasing the size of the lots and having fewer homes in that area; maybe more one story than two stories? Would that be a possibility? Aaron Ketchand: At this point we are minimized out as far as the number of lots. At this point I would have to say no to that question. These are going to be expensive as it is, and we're concerned about the price point that we are going to have to be charging as it is, so every lot counts. Commissioner Sheridan: My understanding that you're going to go ahead and close on this property assuming the zoning gets changed tonight, or whatever, you're going to go ahead and close. So if later on it becomes unfeasible because of some of these issues or whatever, we're stuck with this PD. Chairman Senelly: We're currently stuck with a PD Commissioner Allen: Point of understand I think, as opposed to a point of order, we are recommending to the City Council we're not making a decision on this property. Chairman Senelly: That's right Commissioner Allen: Okay, 1 just wanted to make sure that everybody still understands our role. Commissioner Sheridan: That's right, we're recommending, but if we were to turn it down it still goes to Town Council and they can override it, but they have a super majority requirement. Ms. Huggins: Only if there is a unanimous denial by P&Z is a super majority vote by Council required. Ms. Huggins: Then they would need a super majority vote Chairman Senelly: Alright folks, we have a motion on the table, and did we get a second? Commissioner Allen: Yes, I seconded Ms. Huggins: It's a motion to approve, and yes sir, Chairman you made the motion and Commissioner Allen seconded the motion. Chairman Senelly. Then I call for the vote. show of hands to approve. 3 approved - Senelly, Vowel], Allen Deny? 4 deny - Forest, Sheridan, Sadley, Reed Chairman Senelly: It does not pass. Ms. Huggins: The Planning and Zoning Commission recommendation to Council is to approve, which did not pass. Chairman Senelly: Thank you. Everybody understand that? Commissioner Sheridan: Is that legitimate? Chairman Senelly: Oh yes Commissioner Sheridan: Alright Planning and Zoning Commission Page 30 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 A motion was made by Chairman Senelly, seconded by Commissioner Allen, that this Agenda Item be Recommended for Approval to the Town Council. The motion failed by the following vote. Aye: 3- Vice Chair Vowell, Chairman Senelly, and Commissioner Allen No: 4- Commissioner Reed, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 8. 2013426-T Staff liaison update of current and future items; questions and/or discussion. Ms. Huggins: There is a seminar on Monday, July 29th Chairman Senelly: Commissioners, do you see this on your table? Ms. Huggins: and I have had response from three commissioners who are interested in attending. If the rest of you are interested just let me know and I will get you registered and the Town will pay for that registration. There is a new plat that has been submitted, an amended plat of Neighborhood 7, Phase 2G. You will see that next month. It's simply a correction. There was a side lot line that was shown on the plat as a sixteen foot side lot line adjacent to a street. The correct side lot line should have been fifteen, instead of sixteen. So the developer has submitted an amended plat, and after Staff review that will come to you for a recommendation for approval or denial. I don't know if all of you are aware or not of something called CTY,- which is the city telephone message to residents. Several times, I don't know how many times, not very often, but throughout the year the Town will make a call to residents' homes to give them information about events or something going on in the town. For instance, the July fourth holiday there was a CTY message, we call it CTY that went out by voice mail, by telephone to Trophy Club residents. And it's a nice way to keep in touch with what's going on with certain events in the Town. So I would encourage you to sign up for that if you haven't already, and you can do that through the website. You just go on the website and sign up and put in your phone number and throughout the year you will get phone messages from out Public Information Officer, April Reiling, and sometimes our Parks Director, Adam Adams. Those are usually the two who give the information over the telephone. Chairman Senelly: Is the CIA connected to that? Just a question. Ms Huggins: It does make you wonder, doesn't it? Commissioner Allen: It's possible we're already signed up, right, if we are getting the phone calls? Ms Huggins: Yes. If you are getting those calls then you're signed up. I know some of you are not, so I wanted to mention it to make sure everyone was aware of that. The Town has just opened up the applications are now available to apply for the Planning and Zoning Commission or the Zoning Board of Adjustment, or any other boards where there are openings. One this board, Planning and Zoning, Commissioner Forest is up for reappointment. Commissioner Vowell and Commissioner Reed, and so the three of you if you are interested in staying on the Commission you would need to reapply. Sometime in August you will be making a recommendation to Council as to who should stay on or be appointed as new if there are any openings. Just to quickly go through the existing projects: Planning and Zoning Commission Page 31 of 33 Meeting Date: July 18, 2013 Planning tip Zoning Commission Meeting Minutes July 18, 2013 PD 27 The Highlands Isle of Turnbury. We talked about that with the plat that was approved this evening, recommended for approval. That plat you should see next month. PD 22 The Villas is still under review; we have some drainage and water issues with that; drainage, water and sanitary sewer issues with that project. The sanitary sewer has to do with other developments around it, Canterbury Hills, specifically that is being developed and a new lift station being brought in and constructed and installed that must handle some of the sewer from The Villas. So the engineers have to show that that infrastructure can handle the additional capacity. And they are still working on that. PD 25 By the Value Place Hotel, across the street for the Value Place to the west, that one lot has been purchased by a local resident who wants to build an office building there, and you should see that plat and site plan coming forward fairly soon. The Village Center Medical Office Building with is the two and a half acre piece of property across from Medlin Middle School, right off of Bobcat Boulevard. That is undergoing its second review. Neighborhood 7, Phase 3C, the final phase of Neighborhood 7 in the Highlands is undergoing its second review and should be fairly close to being ready to be placed on P&Z agenda. And finally we have a Medlin Middle School replat and site plan that's under review because of the changes that are happening to PD 27, the Village Center Medial Office Center; that two and a half acre site where they plan to put a medical office building. Old Parkview Drive was abandoned by the Town and became part of the NISD school site and also they have to replat and incorporate that into their property, and also provide a site plan, a current site plan, because they have made changes over the years to their Medlin Middle School site that didn't come before P&Z and Council. I don't know why, but we did request that they did bring forward a site plan with this replat when they replat the Parkview Drive abandonment. To also bring a site plan forward also shows us what is out there, what's actually built out there, what does it look like, and so that we have a current, up to date site plan on file and approved because there have been changes over the years, and I'm talking many years not recent. That's all I have for the moment. Chairman Senelly: Okay Commissioner Sadley: Remember a long time ago we approved a gas station at the Tom Thumb? Ms. Huggins: Yes Sir Commissioner Sadley: Did anything ever come of that? Ms Huggins: They submitted it last week for site plan approval, I'm sorry not for site plan approval, you guys already approved that. They submitted it last week for a building permit, so it is undergoing building permit review which takes about three weeks, and so you should see that be under construction in about two months I would say, maximum if not sooner. Chairman Senelly: A couple of things, as you care, we have been sealing with some things all around what we call the back door to Trophy Club, Trophy Wood Drive. My way of thinking it has really not gotten the attention it deserves, but we have two Planning and Zoning Commission Page 32 of 33 Meeting Date: July 18, 2013 Planning & Zoning Commission Meeting Minutes July 18, 2013 ADJOURN parcels remaining: one where an office building maybe proposed across from the Value Place, and the other just downstream from the new Hampton. The strongest entry feature we have is an overhead power line. I would just suggest as we go forward, and we have an opportunity to require developers' impedance to do things that we do things and that we do that, and let's get and entrance done there, because it's not going to happen after it's all developed; we're just going to end up with another birdbath out there. Did I say that? I think you all know what I'm talking about. Thank you all Carolyn and Commissioners for good work tonight. It's not easy doing this. adjourned at 9:26 p.m. d Senelly, Chairman l Carolyn Huggins, tommunity Development Director Planning and Zoning Commission Page 33 of 33 Meeting Date: July 18, 2013