Agenda Packet P&Z 04/03/2008Planning & Zoning Commission April 3, 2008 Page 1 of 134
Town of Trophy Club
Planning & Zoning Commission Regular Session Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, April 3, 2008
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Review and approve minutes of the March 20, 2008 Planning and Zoning
Commission meeting.
C.1 Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for Off Street Parking for Model Homes in Planned Development No. 27,
Neighborhood 3, Phase 1A, for a Period of Time of Not Greater Than One Year.
Applicant: K. Hovnanian Homes - DFW, LLC
C.2 Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing),
Churchill Downs Subdivision, for a Period of Time Not to Exceed Six (6) Months.
Applicant: F & R Adams Luxury Homes
C.3 Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing), for a
Period of Time Not to Exceed Six (6) Months, Located on Commercial
Recreation (CR) Zoned Property. Applicant: Jacobs Carter Burgess on behalf of
Centurion American. Property Owner: ClubCorp Golf of Texas.
D.1 Adjournment.
Planning & Zoning Commission April 3, 2008 Page 2 of 134
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(ch)
Planning & Zoning Commission April 3, 2008 Page 3 of 134
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.B.1
Review and approve minutes of the March 20, 2008 Planning and Zoning
Commission meeting.
(ch)
Planning & Zoning Commission April 3, 2008 Page 4 of 134
MINUTES OF A REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
March 20, 2008
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Regular Session on March 20, 2008, at 7:00 p.m. in the Conference Room of the Public
Services Building, 100 Municipal Drive, Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill Present
Vice Chairman Stephens Present
Commissioner Reed Present
Commissioner Ashby Present
Commissioner Sheridan Present
Commissioner Sanchez Present (arrived at 7:20 p.m.)
Commissioner Forest Present
STAFF AND GUESTS PRESENT:
Carolyn Huggins Planning & Zoning Coordinator
Arthur Selander Attorney, Quilling-Selander-Cummiskey-Lownds
Roger Unger Quanah Properties, LP
David Johnston Quanah Properties, LP
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:02 p.m. with seven members present.
B.1 REVIEW AND APPROVE MINUTES OF THE FEBRUARY 21, 2008 PLANNING
AND ZONING COMMISSION MEETING.
Commissioner Forest motioned to approve the minutes of the February 21, 2008,
Planning & Zoning Commission meeting. The motion was seconded by Commissioner
Ashby.
Ayes: Hill, Stephens, Reed, Ashby, Sheridan, Forest
Nays: None
Action: 6-0, Approved
Planning & Zoning Commission April 3, 2008 Page 5 of 134
C.1 DISCUSS AND TAKE APPROPRIATE ACTION ON APPEAL OF VALUE
PLACE HOTEL EAST ELEVATION SIGNAGE.
Chairman Hill announced the case and explained that this is an appeal of the Town
Council’s denial of the Value Place Hotel east elevation signage. An appeal shall first
be reconsidered by the Planning and Zoning Commission with an approval or denial
recommendation to the Town Council.
Chairman Hill stated the following:
On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended
Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy
Wood Business Center, by adding Sign Criteria for the Value Place Hotel. The sign
criteria included approval for four signs:
1) A monument sign structure on the south side of the hotel along State Highway 114.
2) A wall sign on the south wall of the hotel, facing State Highway 114, with an Optec
LED Electronic Message Center.
3) A wall sign on the west wall of the hotel.
4) A wall sign on the east wall of the hotel.
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested a
revision to the rear elevation signage (east wall) to install an electronic message center.
This change was administratively approved by Staff. Sign permits for four signs on the
Value Place Hotel were issued by Town Staff following this decision. Four signs were
installed, inspected and approved by Town Staff.
In October 2007, the Town Council requested that the Planning and Zoning
Commission review the east elevation signage of Value Place Hotel and recommend to
the Town Council approval or denial of the sign.
On January 3, 2008, the Planning and Zoning Commission conducted a public hearing
and public meeting to review the Value Place Hotel east elevation signage. Following
discussion, by a vote of 4-1, the Commission recommended approval of the sign to
Town Council.
On January 21, 2008, the Town Council voted to deny approval of the east elevation
signage at Value Place Hotel.
On January 24, 2008, a letter was sent to the owner of the hotel, Quanah Properties, LP
requesting removal of the east elevation electronic signage at Value Place Hotel, 306
Trophy Branch within 15 business days of receipt of the letter.
On February 4, 2008, a letter was received from Arthur Selander, Attorney, on behalf of
Quanah Properties, LP requesting an appeal of the decision that the sign must be
removed.
Planning & Zoning Commission April 3, 2008 Page 6 of 134
Mr. Selander or a representative of Quanah Properties LP will present their appeal to
the Planning and Zoning Commission tonight.
Chairman Hill asked the applicant to step forward and present the appeal.
Arthur Selander, Attorney, Quilling–Selander–Cummiskey–Lownds, came forward
representing the interests of Quanah Properties Ltd as it relates to this hotel’s signage
issue.
Mr. Selander stated that he is here merely to assist his clients in evaluating the different
courses of action that they have available to them given the Town Council’s action in
January 2008 as well as the subsequent letter that was sent to them requesting that this
sign be removed in a fairly short period of time or they face the possibility of civil
penalties being assessed against them up to $2,000 per day. They consider this a very
serious situation warranting professional assistance. He stated that he is not here today
to try to be obstructive or divisive. He believes that Quanah Properties truly would like
to get this matter resolved with the Town of Trophy Club in a way that addresses
everyone’s concerns and he stated that they are still, today, ready and willing to try to
attempt that.
One of the first things Mr. Selander was asked to do was evaluate what Quanah could
do. He told them that they had two courses of action:
• under the Town ordinances, to the extent that they construed that the particular letter
in question is a revocation of a previously issued permit, there are appellate rights
and it was his view that they should try to exercise those rights and so that is why
they are here today;
• institute litigation against the Town.
A lawsuit has been filed and is pending in the 67th District Court of the State of Texas
and Mr. Selander stated that he has entered into an agreement with the Town’s
attorney, and has established a good working relationship with her, that the lawsuit can
be held in abeyance as Quanah works through the hearing before the Planning and
Zoning Commission and the subsequent hearing before the Town Council so that
neither the Town nor Quanah need expend unnecessary time and effort in the litigation
process that may very well not be necessary, which is exactly what they are hoping will
be the case.
Mr. Selander stated that the Chairman’s recitations of the underlying facts of this case
are pretty accurate, but he would like to emphasize the following: With respect to the
October 2006 Ordinance No. 2006-39 which amended PD-25 Trophy Wood Business
Center, it did, in fact, have sign criteria in it for the Value Place Hotel. That sign criteria
provided for four signs: one was a monument sign on the ground; one was an internally
lit wall sign on the west side of the building that would be lit up at night and be seen by
the people on 114 and from areas west of the hotel; one was a wall sign on the east
side of the hotel which was also an internally lit wall sign visible at night by people
Planning & Zoning Commission April 3, 2008 Page 7 of 134
passing on that side of the hotel; the fourth sign that was approved was also a wall sign
on the south side of the hotel, was a fairly large wall sign and it had an optic LED
function. What’s important to note, because not on this Commission but citizens seem
to have some confusion about whether or not there was ever a sign approved on the
east side. In fact, there was, and that’s very important as it was a fairly significant size
sign and it was lit. That was part of the original ordinance.
Mr. Selander stated that in February 2007, representatives of Quanah approached City
staff relating to a desire to change that east wall internally lit sign that had been
approved to a sign that had an optic LED function very similar to the function that was
approved on the south side of the building. At that time, representatives of Quanah
were led to believe, and it was stated, that the matter could be dealt with on an
administrative level because an internally lit wall sign had already been approved and it
was changing it from just a static internally lit sign to one that had the optic LED
function. Mr. Selander stated that he believes the materials presented to the
Commission in their packets show that on one there is some handwriting from the then
P&Z Coordinator that this had been approved, and also by the then and current City
Manager, Mr. Emmons. That happened on February 26, 2007. On June 25, 2007, as
the Chairman stated, there were specific permits issued for the erection of all four of
these signs. The application that was submitted to the City for the permit on the east
wall sign had the LED optic display illustration attached to it of what this thing would
look like, which had been approved earlier, and the permit was, in fact, issued.
Mr. Selander stated that, based upon the communications that were made to Quanah
during the February meetings with City staff, as well as the express issuance of a permit
to erect and maintain the east LED sign on that hotel, Quanah did, in fact, do that.
When they changed the plan from a static wall sign to one that had an LED display on it
they had to incur additional costs associated with that. The optic LED sign itself costs
about $60,000. There were structural modifications that had to be made to the east wall
in order to accommodate the installation of that sign. Tens of thousands of dollars were
expended by Quanah Properties in connection with that effort after communications
from the City saying that it was OK and the issuance of a permit allowing it.
Mr. Selander stated that November 2007 is when things started becoming a little
tenuous. It was at that time that representatives of Quanah were called down to Town
Hall to discuss the matter of the east wall LED sign with City staff, at which point they
were informed that at least some citizens had expressed displeasure about the Value
Place Hotel, generally not liking that type of a hotel in that location and worried about
other hotels of that kind being in that location. Also, in connection with some of those
criticisms, there was criticism leveled at the east wall LED sign. Based upon that, City
staff believed and advised Quanah Properties that they needed, on an ex post facto
basis after the thing had already been put up and money expended and the appropriate
permits had been issued, to go back to this body for a recommendation as to approval
after the fact and then ultimate disposition of the matter by Town Council. On January
3, 2008, P&Z heard this matter and approved the east wall sign by a 4-1 vote.
Subsequently, on January 28, 2008, the Town Council heard this particular matter and,
Planning & Zoning Commission April 3, 2008 Page 8 of 134
after considerable discussion and executive session outside the presence of the public
and then back in session in the presence of the public, a final vote was had and the
Town Council denied approval of the east wall sign. After that, the letter that really
brings us here today came from the P&Z Coordinator stating that, in fact, the sign
violated both the 2006 ordinance, the amended PD-25, as well as the Town sign
ordinance and that it needed to be removed within 15 business days and stated that
Quanah was subject to a $2,000 fine if the sign was not removed.
Mr. Selander stated that those are the primarily undisputed facts of this case. He stated
that their response to this, again, is to request this hearing to see if something could be
worked out but the lawsuit was also filed. He stated that they filed the lawsuit because
they construed the January 24, 2008 letter as actually rather than an ex post facto
denial of the approval of the sign an attempt to revocate the permit that had been issued
to allow Quanah to erect the sign. This remedy is then available. He stated that they
also filed the lawsuit against the City under the principles of equitable estoppel, which is
simply a doctrine that says when a person or entity by their conduct has induced
another to act in a particular manner, that person should not be permitted to adopt an
inconsistent position and thereby cause injury or loss to that party. That is a general
principal of the common law of the State of Texas as well as the common law of the
United States, and it has application to cities when justice requires it to be done. He
stated that it is their position that the City ought not to take an inconsistent position now
by saying the sign is not allowed when they said last year it was allowed because, first
of all, the conduct and actions of the City were justifiably and reasonably relied upon by
Quanah and, based in reliance on those representations and conduct, considerable
amounts of money were expended by them and it would be considerably unjust and
bring further injury upon them if they were now required to not only lose the money
associated with the erection of the sign in the first place but then to have to replace it
with another sign. It would exacerbate the injury they would experience.
Mr. Selander asked how this should be viewed from a more practical point of view in
terms of weighing and balancing the interests of the parties. Clearly if Quanah is
required to remove this sign they are going to suffer a fairly substantial amount of
economic damage.
[Commissioner Sanchez arrived and joined the meeting at this point.]
Mr. Selander continued, stating that in the original ordinance an internally lit wall sign
was approved, and to the extent that the criticism of the public has been that they don’t
want to see a sign that’s going to shine light out into the night, it doesn’t make much of a
difference whether it is an internally lit wall sign or one that has an optic LED function.
He stated that the east wall LED sign cannot be seen from any home located within the
limits of Trophy Club. As part of the materials that were distributed to the Commission
in connection with this hearing there is an overhead photograph with some line of sight
that shows exactly where you would have to be located to see either the south side LED
sign or the east side LED sign and clearly if you are in a home in Trophy Club you
cannot see it. To the extent that anyone has been led to believe that this shines in
Planning & Zoning Commission April 3, 2008 Page 9 of 134
anyone’s home and interrupts their quality of life cannot be substantiated. That is
incorrect.
Mr. Selander stated that the LED signs in and of themselves are not objectionable to the
City of Trophy Club. He stated that the Town ordinance allows them, but only allows
one, not two. In terms of the City’s interest there, Quanah is wondering a little bit about
that because Quanah knows of six sites within the City of Trophy Club that have two
LED signs on the property. He stated that Quanah has photographs of three schools
within the City of Trophy Club that have monument signs with LED displays on both
sides. He stated that they also have photographs of three City signs in Trophy Club that
are monument signs that have LED displays on both sides. He does not believe there
is any variance granted to any school district or the City itself to its own sign ordinance.
If the real issue or objection is the fact that a facility has two LED signs in violation of the
City’s sign ordinance, then why do we not have the same objections leveled at these
other sites? He doesn’t believe that is the real objection. He believes the real objection
has to do with the hotel itself, which is a permitted use under the Town’s Zoning
Ordinance.
Mr. Selander then asked Mr. Unger to present the photographs, but Mr. Unger did not
feel it was necessary as he believes all of the Commissioners are familiar with the signs
and sites.
Mr. Selander stated that his final point is that Quanah Properties, on its own since this
issue arose, has taken it upon themselves to make some operational modifications to
the east wall sign. They have dimmed it. David Johnson, Quanah Properties, added
that they have dimmed it 70% of its capabilities. He stated that they are down to 25%
capability of where it originally was. Mr. Selander stated that they will agree, on an on-
going basis, to keep it dimmed to that level. They do not want it to be any brighter than
it needs to be to perform its function of notifying people driving along 114 who need a
place to stay that Value Place is there.
Mr. Selander stated that Quanah has also stopped the flashing feature voluntarily with
respect to that sign, so there is no flashing going on at all. The message function has
been programmed so that it changes every 30 seconds. That is what they have done
so far, and Mr. Selander stated that if there are other things that they can do within the
capability of the system they have to make it less intrusive or less objectionable to any
citizen of Trophy Club, they are more than happy to talk about that and try to
accomplish that.
Mr. Selander concluded by saying that Quanah really does want to work this out. They
do not want to go forward with the lawsuit if they don’t have to. They view it as a last
resort and it is their hope that within a few weeks the matter will be behind them and the
lawsuit will be dismissed and they can go about their business.
Chairman Hill called on the Commissioners for comments and questions. He asked the
Commissioners to recognize and keep in mind that the activities and minutes of this
Planning & Zoning Commission April 3, 2008 Page 10 of 134
Commission are recorded and will be available for District Court proceedings if
necessary.
Commissioner Reed stated that he anticipated that the residents of the “Villas” would be
present and his comments were directed toward them, so even though no residents are
present he is going to give his comments for the record:
“One of the complaints by residents of the Villas about this sign was that
the flashing bright colored lights were bothering some people in their
homes. This isn’t realistic since the sign is actually on the southeast side
of the hotel and can’t be seen from homes in the Villa, which are north of
the hotel. In fact, the hotel itself is only partially visible from the Villas
because of two rows of trees between them. There is an identical sign on
the southwest side of the building, but, strangely, there have been no
complaints about it.
A second complaint was that the sign was an embarrassment to the entire
Town of Trophy Club, and that it would cause a decrease in value of
homes in the Villas and would make Trophy Club a less desirable place to
live. Yet, we have developers moving ahead to build more than 1,500
new homes in our town. I don’t believe one sign is going to affect the
desirability of people who want to live in Trophy Club.
There are numerous similar electronic type signs throughout the town,
including three town bulletin boards, one of which is only a few feet from
the entrance to the Villas; at the elementary school, and at the
intermediate school. These signs are also in color and have continuously
changing messages and some are brighter and more colorful than the
hotel signs. The school signs are immediately across the street from
many homes, yet no one has complained about them and I’m not aware of
any concerns about decreasing value of homes in the area.
There have also been comments made about hating the hotel and stating
that the Planning and Zoning Commission and the Town Council should
never have approved it. The hotel met all of the Town’s requirements and
there were no justification or legal reasons to deny approval. Such denial
likely could have resulted in a lawsuit against the Town. The hotel
followed the Town’s procedures and requirements in their request for the
sign and they were not only granted approval, but later were issued a sign
permit for its installation. Approval was given by a Town employee and
from some reports it was also approved by the Town Manager. If, in
retrospect, this approval was improper, it was the Town’s fault, not the
hotel’s fault, and the hotel should not be punished. If developers find from
this experience that after approval has been given it may later be
rescinded, they are going to have second thoughts about doing business
with Trophy Club and will go elsewhere with their business. They aren’t
Planning & Zoning Commission April 3, 2008 Page 11 of 134
going to come in to the Town office two or three times just to double check
to see if their previously approved projects are still on the approval list. In
fact, I understand that as a result of this hassle over the Value Place Hotel
sign, a potential new developer has recently cancelled his plans to build in
Trophy Club.
When the Planning and Zoning Commission and the Town Council
consider any application for a new business or housing development, we
consider what we think is good for all of the residents of the Town, not just
a few.
I strongly supported the Villa residents recently in their objections to a
proposed hotel immediately adjacent to Villa homes. They had reason for
concern. But, I can’t understand any justification for their concern about
the hotel sign and certainly can’t support them at this time.
The hotel has now modified the sign so that the colors are less bright and
the messages don’t seem to change as often. I can see no reason that
the hotel should be not allowed to continue using this sign.”
Vice Chairman Stephens stated that he agrees with Chairman Reed and his
assessment. He stated that he almost feels that a lot of this negativity has to do with
the future development of the commercial property along Highway 114 from a certain
segment of the Town. He has an appreciation of that, but the fact of the matter is that
the Town has commercial property that allows certain businesses to build on that
property and he would hate to see this impact negatively the development of what little
commercial property the Town has. He is concerned about the undercurrent of all of
this and he appreciates Quanah’s efforts that they have taken on their own to show
good faith and lower the lumens and decrease the change factor in their lighting. He
stated that there will be, before P&Z, future applications for hotels on that property and
the groundwork should be laid for that, otherwise there will be a battle royal to do any
future commercial development in the City of Trophy Club.
Commissioner Ashby stated that he concurs with Commissioner Reed’s statements.
The sign, as far as he is concerned, doesn’t bother him a bit. He would like to elaborate
on a couple of issues made by Mr. Selander. He stated that Mr. Selander mentioned
structural mounting of the sign and that Quanah incurred an added expense in order to
put up a heavier sign. Mr. Ashby stated that he didn’t see any reconstruction go on to
beef up the structure. A typical structure of any building will put in a base for mounting
any sign of any quality. He stated that the base was already there so the structural
expense, to him, is not justified. He stated that this is his opinion on construction. He
does not know specifically what Quanah did or didn’t do. Mr. Ashby also stated that the
sign illumination is awesome. He asked if there is something that can be done to
maintain the current illumination.
Planning & Zoning Commission April 3, 2008 Page 12 of 134
David Johnston, Chief Operating Officer and Executive Vice President, Quanah
Properties LP, stated that the changes they have made were directly in response to
some concerns of the City in conversations they had. They want to be a good partner
with the City. They have no intention of having this issue settled and then turning back
up the sign. Mr. Johnston stated that they are here for the long term. This is not a hotel
that they will have for a year or two only. They want to see further development in that
area of Town and in Trophy Club. The sign illumination right now is how the sign is
going to stay. He stated that at the current illumination it is easier to read. Part of the
reason for having the sign up there is for people to be able to read it. It doesn’t make a
lot of sense to turn up the illumination because it then becomes a non-readable sign.
Commissioner Ashby asked if a specific illumination max could be established based on
the design criteria of that sign.
Mr. Johnston stated that they would be willing to talk about that as a possible
agreement.
Commissioner Ashby stated that he is trying to work toward a compromise for
everybody.
Mr. Johnston said that they would be willing to work that out with the City.
Commissioner Forest stated that he has some real issues with this that are different
than what has been brought up. He stated that his issues are with the City on this, in
that the City okayed the permit on this in October and then in February the developer
came to get permission to change the sign from a straight sign to an LED sign and that
was approved. They did what they said they were going to do with the approval from
the City. Mr. Forest stated that at this point it doesn’t make a whole lot of difference
what the ordinance calls for or what’s happening out there or anything else, because
now it comes down to what is right. He stated that what is right is what the City told
them they could do. The developer has done that from what he can see. Mr. Forest
stated that if the City has a problem it is not with the developer but with their own
people. If someone stepped out of line and did something wrong, it is water under the
bridge and shouldn’t be the developer’s problem. Mr. Forest stated that the City’s word
should mean something and at this point it doesn’t look like it does and that is going to
come back to haunt somebody. How will other developers wanting to come in here and
the citizens of Trophy Club themselves know what to believe when they can’t believe
what the City tells them?
Commissioner Sanchez asked if Quanah measured the intensity of the light that the
sign is projecting. Mr. Johnston stated that a photometrics study of that particular light
was not done, but, “oddly enough, the current illumination is not as bright as the
illumination of the original sign approved by Town Council.” Chairman Hill stated that a
photometrics study was done. Mr. Johnston concurred that a photometrics study of the
whole property was done, but not of individual signs.
Planning & Zoning Commission April 3, 2008 Page 13 of 134
Commissioner Sanchez explained that the reason he is asking the question is because
the brightness of the sign seems to be the issue and measures already taken may
accomplish what is appropriate. He stated that if it conforms to the City’s regulations
and it can be proven not to hurt anybody, he doesn’t believe it will be an issue.
Roger Unger, Quanah Properties LP, stated that he lives in Trophy Club and he sees
the sign every night, and not too long after the hotel was up he would come into work
the next morning and tell Mr. Johnston that the sign is too bright to read. He stated that
they called the sign company twice and asked them to turn it down. He stated that at
first it was ugly. It was a big orange outer space eyeball. He explained that the sign is
controlled out of the Mid-Cities area, and when the command to turn down the
brightness was typed into the computer it wasn’t communicating and the sign actually
wasn’t turned down. Some of this goes back to when the sign was first turned on and it
was not very acceptable. They had started making adjustments before this became an
issue and have subsequently made additional adjustments. He stated that when the
sign first went on it probably was objectionable but amendments have been made.
Commissioner Sheridan stated that his first comments are to the Town, and that since
this is a legal matter and we knew that it was going to be presented by an attorney, that
in his standard working practice he does not talk to an attorney without having an
attorney. He would like to know why the Town’s attorney wasn’t here.
Commissioner Sheridan stated that he really does think that the permit was issued in
error. It was wrong to have issued the permit. They had a proper sign. As far as the
PD goes it was lit but the LED portion was not proper. The Town does not have a
proper disclaimer on its permits that when it conflicts with a PD, a code, a regulation, a
rule, that it becomes an invalid permit.
Commissioner Sheridan stated that the Mayor mentioned that the LED came into the
code with the school signs and that the Town didn’t envision the magnitude of the
commercial use of the signs. Commissioner Sheridan agrees with that. He stated that
LED didn’t exist until the school district came in and shoved it down our throat. He
stated that’s his opinion.
Commissioner Sheridan stated that the building, by itself, stands out. There is nothing
around it so until the rest of the community is developed it will stand out whether you
like it or not. He thinks it will blend in when the rest of the neighborhood gets developed
and it will become less of an eyesore to certain people. He stated that as far as he is
concerned Solana is an architectural eyesore.
Commissioner Sheridan stated that the Town Council should work with Quanah and
accept the adjusted sign usage.
As there were no further comments, Chairman Hill called for a motion.
Planning & Zoning Commission April 3, 2008 Page 14 of 134
Commissioner Reed made a motion recommending approval of the signage to the
Town Council. Vice Chairman Stephens seconded the motion. Commissioner Reed
asked that the sign continue at all times to be operated at no more than 25% of its
maximum capability.
Mr. Johnston stated that he would like to have the opportunity to talk to his sign
company and verify the percentage. He stated that right now, during the evening hours,
it is at 25%. During the day it is turned up to about 50%.
Further discussion continued between the Commissioners and Quanah.
Commissioner Ashby stated that Quanah is running at a current level right now that is
reduced by 70% of what it was. He suggested an amendment to Commissioner Reed’s
motion in that the sign be maintained at its current illumination because there hasn’t
been a whole lot of griping about it. He asked that Quanah provide written, certified
documentation from their sign company of the levels and timeframes of the
illuminations.
Mr. Johnston stated that they would be glad to do that, with the understanding that
during the day it is a little bit higher. Commissioner Ashby responded that the issue
would be taken care of by providing written time durations.
Discussion continued between the Commissioners until a consensus of the motion was
reached. The motion is:
Commissioner Reed made a motion recommending to the Town Council approval of the
east elevation signage of Value Place Hotel with the sign continuing to operate at all
times at no more than 25% of its maximum capacity. Vice Chairman Stephens
seconded the motion. Commissioner Ashby asked to amend the motion: Quanah must
maintain the signage at the current levels of illumination and provide an engineer
certified written timeline of the current lumens levels and timeframes; these levels and
timeframes to become part of the PD. The motion (Commissioner Reed) and the
second (Vice Chairman Stephens) accepted the amendment.
Ms. Huggins, Planning & Zoning Coordinator asked for a clarification from Chairman
Hill. She explained that Commissioner Sanchez arrived at the meeting at 7:20 p.m.
The presentation and discussion of this case has been on-going for 15 minutes and
continued for 30 minutes beyond Mr. Sanchez’s arrival. Mr. Sanchez was present for a
majority of the case. Ms. Huggins asked if the applicant and the Chairman objected to
Mr. Sanchez voting on this case. Mr. Selander stated that the applicant has no
objection to Commissioner Sanchez voting on this case. Chairman Hill stated that he
has no objection.
Chairman Hill called for a vote on the motion and it passed unanimously 7-0.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Planning & Zoning Commission April 3, 2008 Page 15 of 134
Action: 7-0, Approved
C.2 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR
APPROVAL OF A TEMPORARY USE FOR A REAL ESTATE OFFICE. APPLICANT:
JACOBS CARTER BURGESS ON BEHALF OF CENTURION AMERICAN.
Chairman Hill announced this case and called on Ms. Huggins who explained that the
applicant is requesting that this item be tabled to the next Planning & Zoning
Commission meeting in order to revise the plans for this temporary use request.
Commissioner Ashby made a motion to table this item to the next Planning & Zoning
Commission meeting. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Action: 7-0, Approved
D.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at 7:55 p.m.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.C.1
Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for Off Street Parking for Model Homes in Planned Development No. 27,
Neighborhood 3, Phase 1A, for a Period of Time of Not Greater Than One Year.
Applicant: K. Hovnanian Homes - DFW, LLC
K. Hovnanian Homes is building two model homes located at 2216 and 2220 Trophy
Club Drive. The builder wishes to place a paved parking lot between the two model
homes; the parking lot is to be located on Lot 10, Block A, which carries the address of
2218 Trophy Club Drive. This type of request must be heard by the Planning and
Zoning Commission and then be approved by the Town Council. The builder must
eventually remove the parking lot, restoring the lot to a buildable single family home lot
as originally shown on the Neighborhood 3, Phase 1A plat.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
A. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
14. Off street parking for Model Homes in residential districts, provided
on one lot which complies with all setback requirements of the
district in which it is located for a time period of not greater than one
year. However, such temporary use may be renewed annually.
…
Annual Extensions of the temporary use permit may be issued by the
Zoning Administrator upon written request by the applicant.
Setbacks: Neighborhood 3, Phase 1A of The Highlands of Trophy Club Planned
Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is
proposed on Lot 10, Block A, which is a Lot Type 2, with the following setback
requirements:
Planning & Zoning Commission April 3, 2008 Page 17 of 134
Front Yard: 25 feet minimum
Rear Yard: 25 feet minimum
Side Yard: 7.5 feet minimum
The applicant has complied with all required setbacks.
Parking Requirements: Parking requirements for temporary use model home parking is
not specified in the Town of Trophy Club Parking Regulations, but the regulations
require the following: “The number of spaces required shall serve residents, customers,
patrons, visitors and employees.” The applicant conferred with the Town’s Building
Inspector and they agreed that the applicant should place the maximum number of
parking spaces allowed on the lot to sufficiently provide parking for employees and
potential customers. In addition, American Disabilities Act (ADA) standards require
twenty percent of total parking spaces must be handicap-accessible.
The applicant’s site plan shows 15 single car spaces and 2 handicap accessible
spaces. The applicant’s site plan parking spaces were configured for 8-ft. wide spaces.
By Town regulations, each space must be nine feet (9’) by eighteen feet (18’) for each
angular head-in parking space. The plan will be revised and a corrected copy will be
available at the Planning and Zoning Commissioners meeting on April 3, 2008. The
revised plan will allow approximately 13 single car spaces and 1 or 2 handicap
accessible spaces.
The Town Council also has the following parking guidelines authority per Town of
Trophy Club regulations:
“Unclassified Use: Where the proposed land use cannot be classified within the uses
herein specified, the Town Council shall determine the specified use most clearly
related to the proposed use and the minimum requirements for the specified use so
determined shall apply to the proposed use.”
Parking Facilities Construction: Town regulations require that parking facilities be
constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be
5” for general parking. The applicant must obtain a building permit and comply with
materials and inspection requirements.
Landscaping: Landscaping for temporary use model home parking is not specified in
the Town of Trophy Club Landscaping Regulations, but the regulations have the
following standards:
D. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
Planning & Zoning Commission April 3, 2008 Page 18 of 134
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two Chapter
13 – Zoning trees for the herein minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant has stated in his proposal: “All exposed areas, front and rear of parking
lot, will be fully landscaped with appropriate grass and shrubbery.” Staff has asked the
applicant to provide more detail to the Commissioners at the meeting on April 3, 2008.
Staff Recommendation: Staff recommends approval of this request with clarification at
the Planning and Zoning Commission meeting of total number of parking spaces
provided and additional detail of landscaping in the front and rear of the parking lot.
Planning and Zoning Recommendation: The Planning and Zoning Commission can
recommend approval or denial of this request to the Town Council. The Council will
hear this request on Monday, April 7, 2008.
(ch)
Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Application
K. Hovnanian Explanation of Parking Lot Proposal
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Site Plan
Plat Map Location
Overall View – Plat Map Location
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 57.04 Off-Street Parking Regulations
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.C.2
Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing),
Churchill Downs Subdivision, for a Period of Time Not to Exceed Six (6) Months.
Applicant: F & R Adams Luxury Homes
F & R Adams Luxury Homes requests permission to place a sales trailer on Lot 19,
Block B, which is addressed as 2016 Churchill Downs Lane. F & R Adams Luxury
Homes has a permitted construction trailer on this site, but would like to use the trailer
as a sales office as well. For permission to use a real estate office located in a trailer,
the request must be heard by the Planning and Zoning Commission for
recommendation to the Town Council.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
B. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
15. Real estate offices (located in trailer or manufactured housing), but
only for a time period not to exceed six (6) months; however such
uses may be renewed one (1) time.
Setbacks: The sales trailer conforms to the setbacks of Lot 19, Block B, Churchill
Downs Subdivision:
Front Yard: 25 feet minimum
Rear Yard: 20 feet minimum
Side Yard: 7.5 feet minimum
Parking: Street parking will be used.
Planning & Zoning Commission April 3, 2008 Page 31 of 134
Landscaping: Landscaping for temporary sales trailer use is not specified in the Town
of Trophy Club Landscaping Regulations, but the regulations have the following
standards:
E. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
9. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
10. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
11. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
12. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
13. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
14. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
15. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two trees for
the herein minimum requirements.
16. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant has included annuals, Japanese Bloodgrass, Dwarf Indian Hawthorn and
Pigmy Dwarf Barberry as landscaping in front of the trailer. The applicant does not
indicate the size of the plants, which must be a minimum of two feet in height when
measured immediately after planting. They are proposing sod on the sides of the trailer
and seed in the rear.
Flagpoles, Wooden Sign, Fencing: The applicant is asking for flagpoles, a 7’ x 5’
wooden sign and fencing around the lot, none of which require Planning and Zoning
Commission approval, but must be properly approved and permitted by the Town
Permit Department.
Planning & Zoning Commission April 3, 2008 Page 32 of 134
Awnings: The applicant has placed awnings on the existing construction trailer (picture
enclosed) and is asking the Planning and Zoning Commission for permission to keep
the awnings on the trailer. Staff asks that this request be denied as awnings are
prohibited by Town regulations (Chapter 5 – General Land Use, Article IV – Sign
Regulations, Section 4.06 Commercial and Institutional Signs).
Staff Recommendation: Staff recommends approval of this request with denial of the
awnings.
Planning and Zoning Recommendation: The Planning and Zoning Commission can
recommend approval or denial of this request to the Town Council. The Council will
hear this request on Monday, April 7, 2008.
(ch)
Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Application
Sales Trailer Elevation Without Awnings
Sales Trailer Elevation With Awnings
Photo – Sales Trailer with Awnings
Site Plan – ALTHOUGH REQUESTED, APPLICANT DID NOT PROVIDE
ENOUGH LARGE SIZE COPIES TO PROVIDE TO COMMISSIONERS
Construction Trailer Permit Issued February 8, 2008
Town of Trophy Club Sign Regulations, Chapter 5 – General Land Use,
Article IV – Sign Regulations.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.C.3
Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing), for a
Period of Time Not to Exceed Six (6) Months, Located on Commercial Recreation
(CR) Zoned Property. Applicant: Jacobs Carter Burgess on behalf of Centurion
American. Property Owner: ClubCorp Golf of Texas.
Jacobs Carter Burgess, on behalf of Centurion American, requests permission to place
a temporary real estate office on property owned by Trophy Club Country Club (dba
ClubCorp Golf of Texas). The property is located just west of the intersection of Trophy
Club Drive and Trophy Lake Drive with existing tennis facility, courts, and parking
located on the site. In order to move forward with this request, the applicant must have
written permission from the property owner. The applicant was informed of the
necessity of Property Owner permission prior to tabling this item at the last Planning &
Zoning Commission meeting. As of packet cutoff on Thursday, March 27, the applicant
had not provided the necessary permission to move forward with this request. If the
owner of the property is not in attendance at the Planning and Zoning Commission
meeting for discussion of this item, or applicant cannot provide sufficient written
approval of the property owner, the Planning and Zoning Commission cannot hear this
case.
Centurion American wishes to place a temporary use real estate sales trailer on the
south side of the private drive entrance to the Country Club tennis courts.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
C. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
Planning & Zoning Commission April 3, 2008 Page 76 of 134
16. Real estate offices (located in trailer or manufactured housing), but
only for a time period not to exceed six (6) months; however such
uses may be renewed one (1) time.
The applicant is requesting an immediate 6-month extension of the time period
for this temporary use real estate office trailer.
Setbacks: Commercial Recreation (CR) property does not designate setbacks as it is
meant to be used for athletic fields, playgrounds, tennis courts, etc., rather than
structures or buildings. The applicant is proposing 5-ft. setbacks on the east and west
sides of the trailer. This will place the building 5-ft. from the private drive on the east
side and 5-ft. from the neighboring Commercial Recreation (CR) zoned property on the
west side of the trailer. The setbacks are acceptable to staff.
Parking: A parking lot is proposed, which will remain as a permanent parking area for
the tennis courts use after the temporary real estate use has ceased.
The applicant is proposing 15 parking spaces and one ADA space. The applicant is
proposing the parking to remain as a permanent parking area for the tennis courts use
after the temporary real estate use ceases, therefore, the parking lot must meet all
provisions of Section 7.04 Off-Street Parking Requirements as well as the following:
K. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section
7.04, Off-Street Parking Requirements. In addition, the following regulations shall apply:
1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces.
2. Access to individual developments shall be obtained through mutual access and cross access drives
on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is
physically impossible to provide shared access to the lot or if extenuating circumstances can be
demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning
Commission.
3. Total driveway entrances shall not exceed 3 entrances for any development.
4. Driveways shall have a minimum separation of 150 feet.
5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be
permitted in building line setback area when crossing setback area.
6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree
in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and
flowering plants in addition to the required tree.
7. A raised curb shall be required for all parking and driving surfaces.
8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb
stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the
parking space.
9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all
new development. The traffic impact analysis requirement may be excluded from the site plan if the town
engineer determines that the analysis is not necessary for the development.
10. All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on
the site plan.
11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street
treatment as approved by the town Planning and Zoning Commission.
12. Crosswalks, when provided, shall be marked similar to decorative street pavement.
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The current configuration does not meet the above landscaping requirements (No. 6),
nor are raised curbs and curb stops indicated (Nos. 7 and 8). The Planning and Zoning
Commission has discretion to require additional improvements (Nos. 11 and 12).
By Town standards the parking spaces must be 9-ft. x 18-ft. The applicant’s site plan
was configured for 8-ft. spaces. The plan must be revised.
Landscaping: The applicant is proposing 40-ft. of landscaping from the property line at
Trophy Club Drive to the rear of the trailer. The berm is 3-ft. in height. The applicant
did not provide details of the landscaping (types of trees, hedges, ground cover, etc.)
and is asked to provide those details to the Planning and Zoning Commission.
Besides the General Standards outlined in the Town of Trophy Club landscaping
regulations, the following CR regulations apply:
I. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03,
Landscaping Regulations. In addition, the following regulations shall apply:
1. A front set back area shall be devoted to a landscaped buffer. Only drive crossing that provides ingress
and egress will be allowed.
2. The front landscape buffer shall contain trees of 4 inch caliper measured 12" from the ground and shall
be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a
combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in
height shall screen the parking areas.
Flagpoles, Entrance Signage: The applicant is asking for flagpoles, which do not
require Planning and Zoning Commission approval, but must be properly approved and
permitted by the Town Permit Department.
The proposed entry sign on the north side of the drive is signage allowed for the tennis
courts only. Where does the applicant propose to place his signage?
Exterior Billboard Design Concept: The applicant is proposing to “wrap” the trailer as an
exterior billboard. Staff recommends denial of this request as the Town Sign
regulations allow billboards only along property that abuts State Highway 114. If the
Planning and Zoning Commission recommends approval of this concept, the applicant
must have the property owner’s approval as well.
Staff Recommendation: Staff recommends approval of this request with clarification of
the following:
Timeframe of use: 6 months/12 months
Parking Requirements
Landscape Requirements
Signage
Billboard Concept
Planning and Zoning Recommendation: The Planning and Zoning Commission can
recommend approval or denial of this request to the Town Council. The Council will
hear this request on Monday, April 7, 2008.
Planning & Zoning Commission April 3, 2008 Page 78 of 134
(ch)
Attachments: Application
Proposal
Site Plan
Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Commercial Recreation District Regulations
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.03 Landscaping Regulations
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.04 Off-Street Parking Regulations
Chapter 5 – General Land Use, Article IV – Sign Regulations
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-3-2008
Subject: Agenda Item No.D.1
Adjournment.