Agenda Packet P&Z 08/21/2008Town of Trophy Club
Planning & Zoning Commission Regular Session Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, August 21, 2008
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Review and approve minutes of the July 17, 2008 Planning and Zoning
Commission meeting.
C.1 Public Hearing, Discussion, and Recommendation regarding Amendment to PD-
25 Sign Criteria for Value Place Hotel located at 306 Trophy Branch.
C.2 Public Hearing, Discussion and Recommendation regarding changes to the
Town of Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without
limitation, amending and adopting new regulations affecting accessory
structures, affecting design criteria, and other miscellaneous provisions of
Chapter 13. (ADM-08-029)
C.3 Review and Comment to Town Council regarding changes to Trophy Club
Ordinances as suggested by two (2) Hanna Ct. residents.
D.1 Adjournment.
Planning and Zoning Commission August 21, 2008 Page 1 of 216
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(ch)
Planning and Zoning Commission August 21, 2008 Page 2 of 216
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.B.1
Review and approve minutes of the July 17, 2008 Planning and Zoning Commission
meeting.
(ch)
Planning and Zoning Commission August 21, 2008 Page 3 of 216
MINUTES OF A REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
JULY 17, 2008
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Regular Session on July 17, 2008, at 7:00 p.m. in the Public Services Conference
Room, 100 Municipal Drive, Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill Absent
Vice Chairman Stephens Present
Commissioner Reed Present
Commissioner Sheridan Present
Commissioner Forest Present
Commissioner Ashby Present
Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until
appointments/reappointments occur in September 2008.
STAFF AND GUESTS PRESENT:
Carolyn Huggins Planning & Zoning Coordinator
Chris King Building Inspector
Todd Price Southwest Downs L.P.
Michelle Brown F&R Adams Luxury Homes, L.L.C.
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Vice Chairman Stephens called the meeting to order at 7:00 p.m. with a quorum
present.
B.1 REVIEW AND APPROVE MINUTES OF THE JUNE 19, 2008 PLANNING AND
ZONING COMMISSION MEETING.
Commissioner Ashby asked for a correction of the voting for Item C.2. Commissioner
Ashby was absent at the June 19 meeting and therefore could not have voted as shown
in the minutes. Ms. Huggins will correct the item.
Commission Forest motioned to approve the minutes of the June 19, 2008, Planning &
Zoning Commission meeting as corrected. The motion was seconded by Commissioner
Ashby.
Planning and Zoning Commission August 21, 2008 Page 4 of 216
Ayes: Stephens, Reed, Sheridan, Forest, Ashby
Nays: None
Action: 5-0, Approved
C.1 PUBLIC HEARING TO CONSIDER A REQUEST FOR REPLAT OF LOTS 1-8,
BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS SUBDIVISION.
APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND MICHELLE
BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014)
Vice Chairman Stephens announced the case, opened the public hearing, and asked
the applicants to bring the Commission up-to-date on the changes to the replat.
Todd Price, Owner, stated that the replat shows the new setbacks and the dedication of
the streets as private. He stated that the majority of the replat is the same as the
original plat. He stated that he also has grading information with him [as requested by
the Planning & Zoning Commissioners at the last meeting when a zoning change for
this property was approved], which is part of the construction plans for the subdivision
and the construction plans, including grading, do not change with this replat. Ms.
Huggins confirmed that the Town engineer reviewed the grading plans that are part of
the construction plans for this subdivision and those plans are not changed by this
replat.
As there were none in attendance wishing to speak during the Public Hearing portion of
this case, Vice Chairman Stephens closed the public hearing.
C.2 DISCUSSION AND CONSIDERATION OF A REQUEST FOR REPLAT OF
LOTS 1-8, BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS
SUBDIVISION. APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND
MICHELLE BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014)
Vice Chairman Stephens asked for discussion by the Commission.
Commissioner Sheridan asked if this is for P&Z approval or for recommendation to the
City Council. Ms. Huggins replied that the Commission is considering this item for
recommendation to the City Council.
Commissioner Sheridan asked if there are any other Town ordinances that would be
changed or altered (such as no parking of vehicles overnight on the streets) when this
subdivision becomes private, beyond what is put in the notes which references the
utilities and easements. Ms. Huggins responded that the part of the plat that is going
private (the streets) is no longer subject to Town regulations except as outlined on the
plat. By State Law under the Transportation Code, using as an example overnight
parking as mentioned by Commissioner Sheridan, 25% of the homeowners of the
Planning and Zoning Commission August 21, 2008 Page 5 of 216
subdivision would have to petition the Town in order to make those regulations part of
that private subdivision.
Commissioner Sheridan asked if code enforcement, such as maintaining yards and
fences, would not be affected by this subdivision becoming private. Ms. Huggins
responded, “That’s correct”. Ms. Huggins stated that Town regulations apply to all items
in the subdivision other than the street regulations, once the streets become private.
Commissioner Sheridan recommended that a boxed note be added to the replat stating
that the replat voids all previous plats. Ms. Huggins added that this replat automatically
voids the previous final plat, however, after checking with other staff members, including
the Town Attorney, staff agrees with Mr. Sheridan that a note of explanation should be
added to the replat and that note will be shown on the copies that Council will receive
for review on August 4, 2008.
Vice Chairman Stephens asked that the date be updated on the replat.
Commissioner Ashby stated that he does not want to see the setbacks of the rear yards
changed, especially on those homes backing up to Marshall Creek Rd. After discussion
with the applicant, staff and other Commissioners, Mr. Ashby withdrew his comments
since the setbacks were approved with the zoning change request of Churchill Downs
which was recommended for approval by the Planning & Zoning Commission on June
19, 2008 and approved by the Town Council on July 7, 2008. This replat reflects the
setbacks approved with the Churchill Downs subdivision zoning change from R-15 to
PD-29. Mr. Ashby stated that he would have liked to see the setbacks remain at 20-ft.
and would have voted that way had he been present at the previous Planning & Zoning
Commission meeting when the rezoning request was considered.
As there was no further discussion, Vice Chairman Stephens called for a motion.
Commissioner Sheridan made a motion recommending approval to the Town Council
with the following stipulations: 1) a boxed note added to the replat stating the purpose
of the replat and that this replat voids all previous plats; 2) current date placed on the
replat. The motion was seconded by Commissioner Reed.
Ayes: Stephens, Reed, Sheridan, Forest, Ashby
Nays: None
Action: 5-0, Approved
Planning and Zoning Commission August 21, 2008 Page 6 of 216
C.3 PUBLIC HEARING FOR A TEXTUAL CHANGE TO THE TOWN OF TROPHY
CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE V-
SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.03 ACCESSORY
STRUCTURES AND USES, SUBSECTION “D” LOCATION, TO ALLOW
DETACHED ACCESSORY STRUCTURES TO BE BUILT CLOSER THAN TEN
(10) FEET TO PRIMARY DWELLING. (ADM-08-029)
Vice Chairman Stephens opened the Public Hearing and asked Chris King, Building
Inspector, for a staff report.
Mr. King stated that the current ordinance does not allow a detached structure such as
an arbor, pergola, or outdoor kitchen to be closer than 10-ft. to the existing dwelling.
Staff runs into problems with this ordinance because very large homes are being built
on lots and pushing an arbor, pergola, etc., 10-ft. away from the house causes
encroachment into setbacks as well as utility or drainage easements, creating more
harm than good in Staff’s opinion. Staff is asking that the homeowner be allowed to be
closer than 10-ft. to stay within setback boundaries without having to attach to the
primary dwelling.
Vice Chairman Stephens asked if anyone else wished to speak.
Jill Setzer, 4 Cricket Ct., stated that she and her husband would like to see this pass
because their house is situated on a cul-de-sac such that if they put a structure outside
it would literally be in the middle of the yard and they would have to tear down a tree
which wouldn’t be aesthetically pleasing to anyone. If this passed, they could place a
shed in the location where they wished and have it aesthetically pleasing to everyone.
She stated that they also wish to have an 8-ft. shed and the ordinance limits sheds to 6-
ft., but they were told by Ron [Powell, Permit Department Technician], “that’s a
typographical error; it should say 8-ft.”
Mike Davidson, 201 Ridge View Lane, Eagles Ridge area, would like to see this change
occur. He has a patio that extends off the furthest back-facing part of the house, facing
south, with brick on the house, a concrete patio and it drops off 4-ft. from there, so it is
very awkward to do anything with that space. Mr. Davidson would like to add a cover to
block the sun a little bit without going 10-ft. away from the structure.
Gilbert Rabbe, 2 Ridgewood Dr., is also in favor of this change. He would like to install
an entertainment area in his backyard. He wishes to have four arbors that sit in a
rectangular pattern, creating an open air area with no walls or roof. If he moves it away
from the house 10-ft, then he violates the easements on the back side.
As there were no others wishing to speak, Vice Chairman Stephens closed the public
hearing.
Planning and Zoning Commission August 21, 2008 Page 7 of 216
C.4 DISCUSSION AND CONSIDERATION OF A TEXTUAL CHANGE TO THE
TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING,
ARTICLE V-SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.03
ACCESSORY STRUCTURES AND USES, SUBSECTION “D” LOCATION, TO
ALLOW DETACHED ACCESSORY STRUCTURES TO BE BUILT CLOSER
THAN TEN (10) FEET TO PRIMARY DWELLING. (ADM-08-029)
Commissioner Reed asked if the typographical correction could be part of the motion.
Ms. Huggins stated that it could not as advertising of this case was for Subsection “D”
only. The typographical error is in a different part of Section 5.03.
Vice Chairman Stephens asked if other staff had comments regarding this request. Ms.
Huggins reported that the Fire Chief reviewed the changes requested by staff and the
Fire Chief supports the changes. The Fire Chief approves of the request that the
addition be fire sprinkled if the entire structure exceeds 7,500 sq. ft. Commissioner
Ashby asked if the note in Subsection “D” makes it clear that only the addition must be
sprinkled rather the entire structure. Commissioner Sheridan pointed out that the
wording is “entire accessory structure” must be sprinkled.
Commissioner Reed asked if the entire main dwelling and accessory structure would be
required to be sprinkled on new construction. Chris King, Building Inspector, stated that
the entire structure of any new construction over 6,000 sq. ft. in size must be sprinkled.
Commissioner Ashby asked if there is a minimum for the 10-ft. rule. Staff is requesting
“less than 10-ft.” but what is the minimum? 5-ft.? 2-ft.? Building Inspector, Chris
King, responded that if the structure is as little as 6-inches apart from the main dwelling,
it is considered detached. The building code is not going to specify a distance.
Commissioner Ashby stated that there is nothing saying that a pergola, cabana, or
whatever, couldn’t have a 4-ft. wainscot around it which would prevent a firefighter from
running through and around the columns to access that building. “That’s my concern.
This change will take accessibility and eliminate it.” Vice Chairman Stephens
responded that it hasn’t been eliminated. Commissioner Ashby responded that it has
been hampered. Commissioner Sheridan stated that in a massive commercial
construction he would agree. But, this is housing. A 20x20 pergola wouldn’t be tough
to get around and with this change the structure would be inside the building pad. So
he doesn’t feel that a specific distance from the house is necessary. Commissioner
Forest, citing the pergola in his backyard as an example of a structure that could easily
be gotten around if a fire occurred, agreed with Commissioner Sheridan.
Vice Chairman Stephens stated that he sees some limitations for design and space
constraints. He stated that the Chief Building Inspector has indicated that we are
already constrained by space in most cases on most lots.
Commissioner Ashby stated that there are larger lots coming forward with the new
development and who is to say that someone won’t come in with a 100x100 pergola.
That just multiples the firefighters efforts tenfold.
Planning and Zoning Commission August 21, 2008 Page 8 of 216
Commissioner Sheridan asked the Building Inspector if the older parts of Town have
percentage of lot coverage outside deed restrictions. Mr. King responded that the older
parts of Town do have lot coverage; not all, but most. [Straight zoning such as R-12, R-
10, etc., have 35% lot coverage requirements; other zoning such as R-FV (Fairway
Village) (which are 3,000 sq. ft. lots with zero lot lines) and R-TT (Avenue Twenty) do
not have a lot coverage requirement.] Mr. King stated that for a lot that is subject to lot
coverage, an accessory structure would count toward that lot coverage. If the
homeowner wants to pull a permit for an accessory structure, staff looks at the footprint
on the site plan and adds the accessory structure to it. If it exceeds the allowed lot
coverage, the applicant must shrink it down to the allowed percentage.
Commissioner Sheridan asked if this affects commercial property. Mr. King responded
that it does not affect commercial property.
Commissioner Sheridan asked if there is a defined term for outdoor kitchen, arbors,
pergolas, etc. Mr. King responded that there are defined terms. A pergola, for instance,
is “an arbor or passageway of columns for growing plants”. Commissioner Sheridan
asked if that is from the IRC (International Residential Code) and Mr. King responded
that it is from the IRC.
Commissioner Sheridan asked if there is a height restriction for pergolas. Mr. King
responded that Town regulations do not allow accessory structures to exceed one story
in height.
Commissioner Sheridan asked how Staff chose 7,500 sq. ft. versus the Fire Code that
says 6,000 sq. ft. when the Town is under the Fire Code regulations, and it is Mr.
Sheridan’s understanding that when someone alters the building and brings the entire
building in excess of 6,000, the whole thing must be sprinkled (retrofitted). Mr. King
responded that when the Fire Code states “altered”, it can refer to an addition, repair, or
expansion of the main building. Mr. King called neighboring cities, Colleyville, Keller,
Southlake, Ft. Worth, and although we are putting in our ordinance that we are
considering it to be attached and to be sprinkled, it is not technically attached. It doesn’t
share a common roof or attic under roof that defines it as attached. It is still an
accessory structure and we wish to stay uniform with the North Central Texas Council of
Government cities. Those cities have chosen the 7,500 sq. ft. number for main dwelling
and accessory structures and we would like to stay uniform with our neighboring towns
and adopt that number. Fire Chief Thomas and Mr. King have discussed retrofitting and
concluded that requiring retrofitting would not be practical.
Commissioner Ashby asked if that coincides with the National Building Code and
National Fire Code. Have we made amendments to our codes to include these
requirements? Mr. King responded that amendments are not needed because the
Town follows the 2003 International Codes, including Fire Code, and the Town cannot
make anything less restrictive than what the Code allows. This change proposed by
staff would be in compliance with the 2003 International Codes.
Planning and Zoning Commission August 21, 2008 Page 9 of 216
Commissioner Sheridan asked for the addition of “new” to the verbiage in red in
Subsection D. He also asked that (at a future meeting) changes be made to Section F.
Design Criteria, to include arbors, outdoor kitchens, etc., to bring that section up-to-
date.
Commissioner Sheridan asked if there is any accessory structure that should not go
against the house. Does this open Pandora’s Box to something that we don’t want in
Town? Mr. King responded that he doesn’t see footage stipulations from a structural or
safety aspect. There isn’t a structural issue. However, staff did put in requirements that
if excavating for a pool, which is considered an accessory structure as well, and the
design requires digging closer than 6-ft. to the house, the slab must stay intact.
Commissioner Ashby asked if that verbiage could be changed to any accessory
structure that is excavated for foundation footing that is closer than 6-ft. or less from the
main dwelling, must be engineered and stamped by a structural engineer. Mr. King
responded that he would agree that is a good idea.
Commissioner Sheridan stated that he would like to include in the recommendation to
Council that any existing accessory structure that is out of compliance with the current
ordinance, but would be in compliance under the revised ordinance, be grandfathered
in, permitted or not.
Vice Chairman Stephens stated that he would like to remind the Commission members
that the Fire Marshall has reviewed this and he is in favor of this change, which
addresses life safety issues through his eyes as he is our life safety expert on City staff.
Vice Chairman Stephens called for a motion.
Commissioner Ashby asked that in the motion his request for “stamped plans by a
structural engineer” be changed to “all applicable engineers”.
Commissioner Sheridan made a motion recommending approval of this textual change
request with the following stipulations:
• Add the word “new” to the following sentence in Subsection D: “If the total
square feet under roof (including said accessory structures) exceed 7500 sq/ft
then the entire new accessory structure must be protected with a sprinkler
system.
• Add “or any accessory structure” and other changes requested by Commissioner
Ashby to the following sentence in Subsection D: “If the waters edge of a
swimming pool, or any accessory structure that is excavated for foundation
footing is located six (6) feet or closer to the primary dwelling, an engineer’s
letter, stamped by all applicable engineers, stating the excavation will not in
any way harm the structural integrity of the primary dwelling, will be required at
the time of plan submittal.”
• Any existing accessory structure that is out of compliance with the current
ordinance, but would be in compliance under the revised ordinance, is
grandfathered in, permitted or not.
Planning and Zoning Commission August 21, 2008 Page 10 of 216
The motion was seconded by Commissioner Reed.
Ayes: Stephens, Reed, Sheridan, Forest, Ashby
Nays: None
Action: 5-0, Approved
C.5 PUBLIC HEARING TO CONSIDER TEXTUAL CHANGES TO THE TOWN OF
TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE VII-
DEVELOPMENT AND DESIGN STANDARDS, SECTION 7.03 LANDSCAPING
REGULATIONS.
Staff requests that this item be removed from the agenda. Staff will bring this item back
to the Planning and Zoning Commission at a future date, after appropriate notification of
Public Hearing. Vice Chairman Stephens noted that there are no residents in
attendance wishing to address this item. The Planning & Zoning Commission, by
consensus, removed this item from the agenda.
D.1 ADJOURNMENT.
Vice Chairman Stephens adjourned the meeting at 7:59 p.m.
Planning and Zoning Commission August 21, 2008 Page 11 of 216
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.C.1
Public Hearing, Discussion, and Recommendation regarding Amendment to PD-25
Sign Criteria for Value Place Hotel located at 306 Trophy Branch.
HISTORY:
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 located at 306
Trophy Branch. 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 north wall of the hotel [which was later moved to the east wall
of the hotel].
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested
revisions to Value Place Hotel signage, moving the north wall signage to the east wall
and adding an Optec LED Electronic Message Center. Staff approval was given and
sign permits were issued.
In October 2007, the Town Council requested that the Planning and Zoning
Commission review staff’s approval of the Value Place Hotel signage changes to
determine if appropriate procedures for approval were followed.
January 3, 2008: The Planning & Zoning Commission reviewed the east elevation
signage, with some members of the Commission concluding that Staff did not have the
authority to approve the sign changes; after discussion and review, however, the
Commission recommended to the Town Council approval of the east elevation signage.
Planning and Zoning Commission August 21, 2008 Page 12 of 216
January 21, 2008: The Town Council denied approval of the east elevation signage for
Value Place Hotel finding that staff did not have the authority to approve changes to the
hotel signage.
February 4, 2008: Quanah Properties, LP (owner of Value Place Hotel) appeals the
Town Council denial of the east elevation signage.
March 20, 2008: The Planning and Zoning Commission hears the appeal and
recommends approval to the Town Council of the east elevation signage with the
stipulation that the current levels of illumination of the sign be maintained and an
engineer certified written timeline of the current lumens levels and timeframes be
provided.
April 7, 2008: The Town Council directs the Town Manager to negotiate an agreement
with Value Place Hotel regarding signage.
AGREEMENT: Regarding the signage, the following agreements were reached:
1. Improvements will be made to the monument sign located at the southwest
corner of the property along Highway 114. The improvements will include the
addition of stone and paint matching the existing architectural style and color of
the Hotel to cover the sign’s pedestal, currently grey in color. The lower three
feet (3’) of the pedestal, measured from grade, shall be covered in stone with the
remainder of the grey pedestal painted to match the color of the Hotel.
2. The east wall LED sign and the south wall LED sign illumination will be set and
maintained in compliance with the Brightness Schedule Certification prepared by
Federal Heath Sign Company.
3. The frequency change of the display on the south wall LED sign and on the east
wall LED sign will be set such that the messages on each sign change no more
frequently than one (1) time each thirty (30) seconds.
4. Town agrees to take necessary steps to process an amendment to PD No. 25 so
that the terms of the PD Ordinance regarding signage shall be consistent with the
terms and requirements of this Agreement.
STAFF REVIEW: On August 8, 2008, the Building Inspector confirmed the above
changes had been made to the monument signage. In addition, random checks of the
message changes occurring on the LED signs have shown that the messages do not
change more frequently than one (1) time each thirty (30) seconds. The brightness
appears to be in compliance with the certification provided by Federal Heath Sign
Company.
Staff brings forward this request to process an amendment to PD-25 Value Place Hotel
signage consistent with the terms of the negotiated agreement.
PD-25 Value Place Hotel Sign Criteria to be amended as follows:
• Removal of Sign Type “C” from the North Elevation.
Planning and Zoning Commission August 21, 2008 Page 13 of 216
• Approval of the changes made to the Monument Sign, adding stone to the lower
three feet of the pedestal and painting the remainder to match the hotel.
• East elevation signage approved as an LED sign.
• Illumination on both the east wall LED sign and on the south wall LED sign to be
maintained in compliance with the Brightness Schedule Certification prepared by
Federal Heath Sign Company and attached as part of amended Exhibit 5.6.
• South wall LED sign and east wall LED sign messages will change no more
frequently than one (1) time each thirty (30) seconds.
As Quanah Properties, LP has complied with the terms of the negotiated agreement,
Staff recommends that the Planning and Zoning Commission recommend approval to
the Town Council of the above outlined amendments to PD-25 Sign Criteria for Value
Place Hotel signage.
PUBLIC HEARING: Changes to a PD require publication in the local newspaper and
notification of any property owners within 200-ft. of the Value Place Hotel. There are
two property owners within 200-ft of Value Place Hotel: 1) Larry Stewart, owner of
remaining tracts of land in PD-25, and 2) the City of Southlake, both of whom received
notification.
(ch)
Attachments: Ordinance 2006-39 plus Exhibits
Memo of Inspection of Monument Sign from Building Inspector
Federal Heath Brightness Certification and Schedule
Exhibit 5.6, Pages 1 to 7 with Changes per Negotiated Agreement
Property Owner Notification; Newspaper Publication
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: July 29, 2008
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, August 21, 2008
TOWN COUNCIL
Monday, September 8, 2008
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider:
Changes to the Comprehensive Zoning Ordinance, amending various sections of
Chapter 13–Zoning, including without limitation, amending and adopting new
regulations affecting accessory structures, affecting design criteria, and other
miscellaneous provisions of Chapter 13.
To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41
P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit
“D” Site Plans, to allow existing signage on Value Place Hotel.
To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No.
2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to
amend Exhibit “B” Development Standards.
The Town Council will hear the above items on September 8, 2008, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Planning and Zoning Commission August 21, 2008 Page 43 of 216
NOTICE OF PUBLIC HEARING
Planning & Zoning Commission - Thursday, August 21, 2008
TOWN COUNCIL - Monday, September 8, 2008
TIME OF PUBLIC HEARING: 7:00 p.m.
PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom
100 Municipal Drive
Trophy Club, Texas 76262
REGARDING: Value Place Hotel Signage, 306 Trophy Branch, Trophy Club, TX
LOCATION OF PROPERTY: PD (Planned Development) District No. 25, Trophy Wood
(Business) Center, located at the northwest corner of T. W. King County Road and State
Highway 114.
PURPOSE OF PUBLIC HEARING: To process an amendment to PD-25 Value Place
Hotel signage as required by a negotiated agreement.
TO SURROUNDING LAND OWNERS:
Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this
property receive written notification of this request. All interested property owners are
encouraged to attend this hearing.
Persons wishing their opinion to be part of the record, but are unable to attend may send a
written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning
Department, 100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins.
FOR FURTHER INFORMATION:
Please contact Carolyn Huggins, Planning & Zoning Coordinator at 682-831-4681.
Planning and Zoning Commission August 21, 2008 Page 44 of 216
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.C.2
Public Hearing, Discussion and Recommendation regarding changes to the Town of
Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without
limitation, amending and adopting new regulations affecting accessory structures,
affecting design criteria, and other miscellaneous provisions of Chapter 13. (ADM-
08-029)
PURPOSE: To allow detached accessory structures to be built closer than ten (10)
feet to the primary dwelling.
STAFF COMMENTS: By current ordinance, accessory structures such as outdoor
kitchens, arbors and pergolas can be built closer than ten (10) feet to the house if the
accessory structure is attached. If detached, the accessory structure must be at least
ten (10) feet away from the primary dwelling structure which then usually places the
structure into setbacks and easements. The Building Permit Department is seeing an
increase in these types of requests as residents create outdoor living and entertainment
centers in backyards.
STAFF SUMMARY: After review by the Building Inspector, Fire Marshall, and Town
Management, who are charged with maintaining safety and beautification standards,
Staff believes it would be beneficial to the Town, builders and homeowners if this
requirement were changed to allow accessory structures closer than ten (10) feet from
the primary structure. This would allow the structures to be built within the setbacks and
outside of the boundaries of easements. For increased safety, Staff has added
verbiage in the ordinance asking that these structures be included in the calculation of
total square footage under roof, and if the total square footage exceeds 7,500 sq. ft.
then the accessory structure be added must be protected with a sprinkler system in it’s
entirety.
STAFF RECOMMENDATION: Under the current regulations, Staff must deny designs
for accessory structures within 10-ft of the primary dwelling. Staff believes that revising
this ordinance will allow residents to build outdoor entertainment areas as envisioned by
the homeowner, while maintaining life, health, and fire safety standards to the highest
level, as well as maintaining build lines, setbacks and easements. Staff recommends
Planning and Zoning Commission August 21, 2008 Page 46 of 216
that the Planning and Zoning Commission recommend approval to the Town Council of
these changes.
Attachments: Redlined Sections of Chapter 13-Zoning Ordinance
Public Hearing Notice
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: July 29, 2008
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, August 21, 2008
TOWN COUNCIL
Monday, September 8, 2008
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider:
Changes to the Comprehensive Zoning Ordinance, amending various sections of
Chapter 13–Zoning, including without limitation, amending and adopting new
regulations affecting accessory structures, affecting design criteria, and other
miscellaneous provisions of Chapter 13.
To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41
P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit
“D” Site Plans, to allow existing signage on Value Place Hotel.
To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No.
2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to
amend Exhibit “B” Development Standards.
The Town Council will hear the above items on September 8, 2008, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.C.3
Review and Comment to Town Council regarding changes to Trophy Club
Ordinances as suggested by two (2) Hanna Ct. residents.
PURPOSE: To review and comment on suggestions made by two Hanna Ct. residents
regarding changes to Trophy Club Ordinances.
COUNCIL DIRECTIVE: Several months ago, the Town Council directed Staff to pursue
bids for a revision to the Comprehensive Land Use Plan, which would involve
reassessment of the future uses of all vacant land. Two bids were obtained, both in the
$70,000+ range, which Council determined was not financially feasible at this time.
Council then directed review of Hanna Ct. residents’ suggestions by the Planning and
Zoning Commission for comment to the Council.
Ms. Forgan Suggested Changes: Ms. Forgan suggests limiting the uses of Planned
Development No. 25 (PD-25), Trophy Wood Business Center, and PD-26, Trophy Club
Physician’s Hospital, to offices, art studio, art supply store, bakery, book store, cards &
gifts shop, florist, ice cream shop, sit-down restaurant, shoe repair shop, tailor shop,
and travel agency. Ms. Forgan suggests restaurants such as Jason’s Deli, Luby’s
Cafeteria and The Bakery Café. Ms. Forgan suggests that a library would be an
appropriate use on this property.
Ms. Forgan would like to see the retail stores and restaurants surrounded by a fountain
area with walking paths, benches, drinking fountains, and trees.
Uses Currently Allowed by Ordinance for PD-25: PD-25 was approved by the Town
Council on December 2, 2002 (Ordinance No. 2002-41 P&Z), creating nine tracts of
land, each tract with designated uses. The attached concept plan shows the division of
tracts, and the attached development standards explain the uses that are allowed on
each tract.
All tracts are currently vacant except Tract 5 where a Value Place Hotel was built in
2007, as allowed by the uses approved by the Town Council on December 2, 2002.
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Hotel uses are also allowed on Tracts 7 and 9 (as approved by the Town Council on
December 2, 2002) and interest has been shown from hotel entities for both of those
sites and Staff expects to have official submittals for hotels for both Tracts 7 and 9 in the
near future.
Tracts 1, 2, 3 and 4, which are located along State Highway 114 frontage, are
designated for “retail” uses, along with Tract 8, which is located at the northeast corner
of Trophy Wood Drive and Plaza Drive. The use list for these tracts is attached, as
established by Town Council approval On December 2, 2002.
Tract 6 is immediately south of Jamie Ct. and is approved for office uses; those uses
are noted with an asterisk (*) on the attached use list.
Uses Currently Allowed by Ordinance for PD-26: On December 1, 2003, the Town
Council approved Ordinance No. 2003-29 P&Z, creating a zoning district for PD-26 as a
general hospital use.
Both PD-25 and PD-26 are privately owned.
Mr. Kaler Suggested Changes: Mr. Kaler suggests four changes to Town building
codes and regulations:
1. Noise ordinance, Chapter 8, Article 1, Section 1.01. Mr. Kaler suggests that
adopting the attached “Model Municipal Noise Ordinance” will add clarity of
specific sound levels as measured against the dba scale. Once adopted, Mr.
Kaler suggests amending all PD ordinances to include specific reference to the
enhanced ordinance.
2. Adopting a city policy for lighting that references “Illumination Engineering
Society of North America” requirements. In addition, Mr. Kaler suggests adopting
certain design principles regarding photometrics.
3. Adopt a comprehensive sign ordinance such as used in the City of Frisco, Texas.
A copy of Frisco’s sign regulations are attached.
4. Amend the energy code to require either the Energy Star rating or the basic
LEED-NC certification from the U.S. Green Building Council as a mandatory
minimum requirement for all new commercial construction in the Town.
STAFF COMMENT: The Planning and Zoning Commission is asked to review and
comment to the Town Council regarding these suggestions.
(ch)
Attachments: Ms. Forgan Suggestions (4 pages)
Mr. Kaler Suggestions (56 pages)
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PD-25 Regulations (17 pages)
PD-26 Development Standards (8 pages)
Chapter 8-Nuisances, Article I, Section 1.01
Comprehensive Land Use Plan (53 pages)
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008
Subject: Agenda Item No.D.1
Adjournment.
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