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Agenda Packet P&Z 08/03/2006Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, August 3, 2006 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Public Hearing: a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD- 06-022). b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005). B.1 Discuss and take appropriate action relative to a request for Temporary Use Permit for a Christian Music Festival on 9 September 2006 at 101 Trophy Club Drive, Fellowship Methodist Church. (Applicant: Don Ragan) B.3 Public Hearing: a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023). b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002). c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). C.1 Discuss and take appropriate action relative to: a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD- 06-022). b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005). C.2 Discuss and take appropriate action relative to: a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023). b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002). c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). D.1 Adjournment. PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (kcf) PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.B.1 Public Hearing: a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD-06-022). b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005). (kcf) SITE MAP AERIAL MAP ZONING MAP TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-__P&Z AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20, KNOWN AS PLANNED DEVELOPMENT DISTRCT NO. 13, THE VILLAGE AT TROPHY CLUB, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, SECTION A(3), “TRACT 3 (TRANSITION FROM OFFICE AND COMMERCIAL TO RETAIL)”, BY AMENDING THE LIST OF PERMITTED USES TO ALLOW A RESTAURANT WITH DRIVE-THRU, BY ADOPTING A SITE PLAN FOR TRACT 3, AND ADOPTING SPECIFIC BUILING STANDARDS FOR TRACT 3; PROVING FOR THE INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDINANED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT A. Exhibit “C” entitled “Development Standards”, Section A, Subsection (3) is amended to read as follows: (b) Permitted Uses: In the development of Tract 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Restaurant with drive thru B. Exhibit “C” entitled “Development Standards”, Section A, Subsection (3) is amended to read as follows: (d) Signage: The following sign regulations apply to signs within Tract 3 only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control the signage within Tract 3: (i) Monument Sign: One internally illuminated monument sign shall be located as identified on Exhibit “C.9”. The signs shall not exceed a maximum of four feet (4’) in height, and twelve feet, six inches (12’6”) in width, as shown on Exhibit “C.11”. The signs shall be mounted on a stone base with the signage face not to exceed a maximum of three feet, two inches (3’, 2”) in height, and ten feet (10’) in width. (ii) Wall Sign (Logo): Three wall signs, internally illuminated, shall be located on the front, right and left elevations of the building, as identified in Exhibit “C.10”. The signs shall not exceed a total of five feet, one and one half inches (5’-1½”) in height, and seven feet eight and one half inches (7’-8½”) in width, as identified in Exhibit “C.11”. (iii) Wall Sign (Restaurant Name): Three restaurant name wall signs, internally illuminated, shall be located on the front, right and left elevations of the building, as identified in Exhibit “B”. The signs shall not exceed a total of twelve inches (12”) in height, and eight feet, ten inches (8’, 10”) in width, as identified in Exhibit “C.11”. (iv) Clearance Bar: One clearance bar shall be located as identified on Exhibit “C.9”. The bar shall be a maximum of nine feet eight inches (9’, 8”) above grade, and eight feet (8’) in length, as identified in Exhibit “C.11”. (v) Menu Board: One menu board shall be located as identified on Exhibit “C.9”. The menu board shall not exceed a maximum of five feet , two inches (5’, 2”) in height, and eight feet, six inches (8’, six”) in width, as shown on Exhibit “C.12”. (c) Building Materials: The structure located on Tract 3 shall be of fire resistant construction having 100% of the total exterior walls, excluding doors, windows and porches, constructed of stone, concrete or other masonry material of equal characteristics as approved by the Town Council upon recommendation of the Planning & Zoning Commission. The structure shall be veneered with stone, texture coated concrete, a dull finish metal type roof, EIFS trim and wood brackets, as shown in Exhibit “C.10”. (i) The roof and awnings shall be galvalume construction and shall match the existing structures in PD-13. (ii) Windows and doors shall be non-gridded, mill finish door and window lite panes, as shown on Exhibit “C.10”. (iii) A wood trellis shall be constructed on the front, right and left elevations, as indicated on Exhibit “C.10”. C. Site Plan: A planned development site plan for the Land and all parts thereof, is attached hereto as Exhibit “C.9”, “Site Plan” and incorporated herein as if copied in its entirety. Such planned development site plan shall be adhered to in carrying out the construction of Tract 3 with this Ordinance, and compliance with each and every part of such plans shall constitute a condition precedent to the issuance of any building permit for this Tract 3. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting Tract 3 of PD-13, The Village at Trophy Club and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the ___ day of _________, 2006. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas Exhibit “C.9” – Site Plan Exhibit “C.10” – Building Elevations Exhibit “C.11” Signage Exhibit “C.12” – Menu Board PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.B.1 Discuss and take appropriate action relative to a request for Temporary Use Permit for a Christian Music Festival on 9 September 2006 at 101 Trophy Club Drive, Fellowship Methodist Church. (Applicant: Don Ragan) STAFF COMMENTS: Mr. Ragan will be at the meeting to discuss this request with the Planning & Zoning Commission. (kcf) TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 PHONE # (682) 831-4680 FAX # (817) 490-0705 TEMPORARY USE PERMIT APPLICATION DATE: 28 July 2006 ADDRESS OR AREA OF REQUEST: Methodist Church/101 Trophy Club Drive SECTION: N/A ZONING DISTRICT: R-12 NAME/NAME OF ORGANIZATION: Don Ragan, Church Member, Fellowship United Methodist Church APPLICANT/ORGANIZATION ADDRESS: 101 Trophy Club Drive PHONE #: CELL #: EMAIL ADDRESS: 682.605.3880 Don.ragan@sabre.com DESCRIPTION OF TEMPORARY USE REQUEST: Christian Music Festival & B-B-Q DATE OF REQUEST: Saturday, 9 September 2006 TIME OF EVENT: Preliminarily scheduled for Noon - 8:30 pm DEPARTMENT OF PUBLIC SAFETY APPROVAL: Yes No PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.B.3 Public Hearing: a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023). b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002). c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). (kcf) STAFF REPORT TO: PLANNING & ZONING COMMISSION FROM: KERIN FLECK MEETING DATE: 3 AUGUST 2006 SUBJECT: PD AMENDMENT – TROPHY WOOD BUSINESS CENTER REPLAT LOTS 1 & 2 – TROPHY WOOD BUSINESS CENTER PURPOSE: ZONING: To hold public hearing and consider making a recommendation to the Town Council regarding an amendment to PD-24, the Trophy Wood Business Center, amending Town Ordinance 2002-41 P&Z, first paragraph, relating to increasing the boundaries of PD-25, and Section (A)(1)(a) to increase the size of Tracts 4 and 5, and to approve a Concept Plan for Tract 5. PLATTING: To hold a public hearing and consider taking action on a Replat of Lots 1 and 2 of the Trophy Wood Business Center. APPLICANT: David Johnston Quanah Hospitality Partners, LP 16610 Dallas Parkway, Suite 1300 Dallas, Texas 75248 EXISTING CONDITION OF THE PROPERTY: This is existing vacant, platted property that is currently zoned PD-25. ADJACENT ZONING/EXISTING LAND USES: North: PD-14, The Villas at Trophy Club, Single Family Residential South: Outside Town Limits/ SH114 Access Road East: Outside Town Limits/ TW King Road West: CG – Vacant COMPREHENSIVE PLAN ANALYSIS: The Comprehensive Land Use Plan designates this area as Commercial/Professional. The applicant would like to construct a hotel facility. This request appears to be in conformance with the Comprehensive Plan. STAFF ANAYLSIS: PD-25 was adopted in December 2002, and consists of tracts 1- 9 for the Trophy Wood Business Center. This is a request to amend PD-25 to: (1) increase the boundaries of PD-25; (2) increase the size of Tracts 4 and 5; (3) adopt a Concept Plan for Tract 5; and (4) approve a Replat of lots 1 and 2 (referred to as Tracts 4 and 5 in PD-25) of the Trophy Wood Business Center Plat. The Final Plat for the Business Center was approved 16 June 2003. There is a triangular tract of land, approximately .945 acres in size that was not originally included in the boundaries of PD-25, or in the Final Plat of the Business Center. The applicant developing Tract 5, on behalf of the property owners, is proposing to add the .945 acreage to PD-25. Approximately .787 acres will be added to Tract 5, and approximately .167 acres will be added to Tract 4. The applicant was provided with staff comments 6 July 2006. The applicant has made all appropriate modifications. The Replat appears to be in compliance with the Town’s Subdivision Regulations. STAFF FINDINGS: Staff has reviewed this request and has determined the following: 1. The amendment to PD-25 to approve a Concept Plan is for a hotel use. Tract 5 is already zoned for this type of use. PD-25, Section (A)(1)(c)(3) states the following: Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. 2. All current zoning restrictions would apply to the land added to Tracts 4 and 5. 3. The additional land added to Tract 5 would enable an alternate placement of the hotel facility on the property, as opposed to the current layout of the land. ATTACHMENTS: ATTACHMENT A – SITE MAP ATTACHMENT B – AERIAL MAP ATTACHMENT C – ZONING MAP ATTACHMENT D- PD-25 ZONING ORDINANCE SITE MAP AERIAL MAP ZONING MAP TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-__P&Z AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRCT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, BY AMENDING THE FIRST PARAGRAPH TO INCREASE THE SIZE OF THE PD TO APPROXIMATELY 17.45 ACRES, AND BY AMENDING SECTION A(1)(a), “SIZE OF TRACTS”, BY INCREASING THE SIZE OF TRACTS 4 FROM 1.5 TO 1.7, AND TRACT 5 FROM 2.0 TO 2.8; AND ADOPTING A CONCEPT PLAN FOR TRACT 5; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDINANED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT A. Exhibit “C” entitled “Development Standards”, first paragraph to read as follows: The development of the Land described in Exhibit “A” – Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 17.45 acres of land shall be in accordance with Exhibit “B” – Concept Plan of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: B. Exhibit “C” entitled “Development Standards”, Section A, Subsection (1), paragraph (a) is amended to read as follows: Tract 4 shall contain approximately 1.7 acres of land Tract 5 shall contain approximately 2.8 acres of land C. Concept Plan: A planned development concept plan for the Land and all parts thereof, is attached hereto as Exhibit “C.1”, “Tract 5 Concept Plan” and incorporated herein as if copied in its entirety. Such planned development concept plan shall be adhered to in carrying out the construction of Tract 5 with this Ordinance, and compliance with each and every part of such plans shall constitute a condition precedent to the issuance of any building permit for this Tract 5. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting Tract 5 of PD-25, The Trophy Wood Business Center and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the ___ day of _________, 2006. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas Exhibit “A” – Tract 5 Concept Plan PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.C.2 Discuss and take appropriate action relative to: a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023). b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002). c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). (kcf) PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-3-2006 Subject: Agenda Item No.D.1 Adjournment. 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