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Agenda Packet P&Z 09/04/2008Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, September 4, 2008 7:00 P.M. A.1 Call to order and announce a auorum. B.1 Review and approve minutes of the August 21, 2008 Planning and Zoning Commission meetina. C.1 Public Hearina. Discussion, and Recommendation of a Reauest from Centurion Acquisitions, L.P. to Approve a Zoning Change from "CR" Commercial Recreation to "CG" Commercial General (Located on Trophy Club Drive adjacent to the Country Club Tennis Courts), 6.568 Acres. (ZCA-08-014). D.1 Adjournment. Planning & Zoning Commission September 4, 2008 Page 1 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 9-4-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (ch) Planning & Zoning Commission September 4, 2008 Page 2 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 9-4-2008 Subject: Agenda Item No.13.1 Review and approve minutes of the August 21, 2008 Planning and Zoning Commission meeting. (ch) Planning & Zoning Commission September 4, 2008 Page 3 of 38 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION AUGUST 21, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on August 21, 2008, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present 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 by Town Council in October 2008. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Chris King Building Inspector David Johnston Quanah Properties Mike Davidson 201 Ridgeview Lane Jill Setzer 4 Cricket Ct. Shirley Forgan 1 Hanna Ct. A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. B.1 REVIEW AND APPROVE MINUTES OF THE JULY 17, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the July 17, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Ashby. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Abstain: Hill Action: 5-0-1, Approved Planning & Zoning Commission September 4, 2008 Page 4 of 38 CA PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING AMENDMENT TO PD -25 SIGN CRITERIA FOR VALUE PLACE HOTEL LOCATED AT 306 TROPHY BRANCH. Chairman Hill opened the public hearing and read the background information on this case from the staff report. He asked David Johnston, Quanah Properties, if he had anything to add. Mr. Johnston stated that Quanah has complied with the agreement and they are happy with the sign, and hope that the Town is too. Chris King, Building Inspector, stated that Quanah is in full compliance with the agreement. Shirley Forgan, 1 Hanna Ct., stated that the flashing neon sign is saying "Win $50,000 Check In Now". She wanted to know if that is something new? Ms. Huggins explained that Value Place Hotel can change the message on the sign. That is allowed. Ms. Forgan asked if the amount of illumination has been downgraded. Ms. Huggins responded that it has been reduced. Commissioner Sheridan asked if the PD allows off -premises advertising; off -premises meaning advertising something that is not Value Place Hotel related. Ms. Huggins stated that the PD must specifically allow the use or it is prohibited. PD -25 does not specifically allow off -premises advertising, therefore it is prohibited. Commissioner Sheridan stated that he does not want to infer anything different than what is negotiated, and he does not have any problem with the "$50,000 come on in" signage that is advertising Value Place Hotel, but he objects to off -premise advertising. Mr. Ashby asked if the overall Town ordinance prohibits that. Ms. Huggins stated that it is not specifically addressed. [This is not correct. It is addressed in Chapter 5 — General Land Use, Article IV, Sign Regulations, Section 4.06 Commercial and Institutional Signs; Sign Type — Off -Premise — PROHIBITED.] Commissioner Sheridan stated that he is for everything that the Town agreed to, but asked that off -premise advertising be prohibited. He asked Mr. Johnston if he would be agreeable to this. Mr. Johnston asked for an example and Commissioner Sheridan stated that there is a school that advertises real estate and he objects that. He stated that he supports advertising anything to do with the hotel, i.e., the $50,000 promotion that he hopes is successful for the hotel, but he wouldn't want the hotel to advertise Tom Thumb or any other company or facility off-site. Mr. Johnston stated that they would abide by whatever everybody else in Town has to abide by, but stated that they don't intend to advertise for anyone but their hotel on their site. Commissioner Ashby made a motion to recommend to the Town Council approval of the Value Place Hotel signage as amended by the negotiated agreement, with the stipulation, as suggested by Commissioner Sheridan, to prohibit off -premise advertising. Commissioner Reed seconded the motion. Planning & Zoning Commission September 4, 2008 Page 5 of 38 There was further discussion among the Commissioners regarding off -premises advertising with Commissioner Forest asking additional questions to define "off - premises" (anything not inside the lot boundary), and whether or not "congratulations Trophy Club..." or "good luck" type of signage would be prohibited, with the consensus by the Commissioners being that congratulatory type of signage would be prohibited unless the event or persons being congratulated were staying at the hotel, in which case it would be legitimate. As there was no further discussion, the Chairman called for the vote. Ayes: Stephens, Reed, Sheridan, Ashby, Hill Nays: Forest Action: 5-1, Approved 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) Chairman Hill announced the case and asked Ms. Huggins for staff comments. Ms. Huggins read a portion of the staff report and stated that staff recommends approval of these changes. Mike Davidson, 201 Ridgeview Lane, stated that he was at the last P&Z meeting where this item was discussed and at the end of the discussion "grandfathering" was added to the motion. He stated that he is not in favor of grandfathering for structures built without permits or conformance to Town regulations. They should have to pay for the permit and possibly a fine levied as well. Grandfathering allows them to get away scott free. Jill Setzer, 4 Crickett Ct., stated that she also attended the last meeting and she wanted to make sure that the changes include outdoor storage sheds and that the typographical errors have been corrected so that the height restriction would be 8 -ft. Ms. Huggins responded that the typo errors have been corrected so that it now reads 8 -ft. Shirley Forgan, 1 Hanna Ct., stated that she is not aware of what this is — could it be explained to a lay person? She asked for an example of a structure that would be affected by this change. Chris King, Building Inspector, explained that if she wished to put an arbor or outdoor kitchen in her backyard the current ordinance requires that the structure must be 10 -ft. away from the house. Staff is proposing that homeowners be allowed to put these structures closer than 10 -ft. to the house. The reason for this is that yards have utility easements running through the side and rear property lines, as well as backyards with unique angles, and if the structure is placed 10 -ft. away from the house, many times the structure then encroaches into easements, which affects Planning & Zoning Commission September 4, 2008 Page 6 of 38 drainage. By placing the structure closer to the house, the structure can be placed within setbacks and kept out of the easements. Chairman Hill closed the public hearing. Commissioner Sheridan stated that large roof covered kitchens, patio covers and pergolas have been built in Town by people who did not realize that they needed to obtain a permit to build a patio cover. He stated that anyone who violates the law should be nailed to the wall. However, he believes many people may have a storage shed where they didn't know they needed to obtain a permit. Rather than having a witch hunt by Town staff, if the structure meets the code they should be let off. Ms. Huggins stated that there isn't a provision for grandfathering with this change. The reason for that is because the Town Attorney reviewed the stipulation in the motion from last month's meeting and determined that an existing structure built without a permit that would be in compliance after the approval of this change by the Town Council would then become a legal structure and thus would not need to be grandfathered in. Grandfathering is needed for an existing structure that is non -conforming, making it a legally non -conforming structure. Commissioner Forest asked if anyone knows how many structures exist in the Town that were put up without permits. No one had any idea. Chris King stated that a storage shed that is less than 120 sq. ft. does not require a permit. Staff would literally have to go door-to-door and measure each storage building to determine square footage and if larger than 120 sq. ft. then check to see if a permit was obtained. Vice Chairman Stephens made a motion to recommend to the Town Council approval of changes to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and other miscellaneous provisions. Commissioner Sheridan seconded the motion. Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby Nays: None Action: 6-0, Approved C.3 REVIEW AND COMMENT TO TOWN COUNCIL REGARDING CHANGES TO TROPHY CLUB ORDINANCES AS SUGGESTED BY TWO (2) HANNA CT. RESIDENTS. Chairman Hill stated that the purpose of this agenda item is to review and comment on suggestions made by two Hanna Ct. residents regarding changes to Trophy Club ordinances. 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 the Hanna Ct. residents' suggestions by the Planning and Zoning Commission for comment to the Council. Planning & Zoning Commission September 4, 2008 Page 7 of 38 Ms. Huggins stated that the Commission is not making recommendations or taking any action, but should provide "comment" to the Council regarding these suggested changes to zoning regulations and building codes. Chairman Hill asked Ms. Forgan for her comments. Ms. Forgan stated that the notice she sent to the P&Z Coordinator lists only a few suggestions that she made for this development; it did not list all of her suggested uses. She stated that she would like to see a retirement community like the Conservatory in Keller. She has given Councilman Moss information she obtained from the Conservatory. She stated that she took pictures of different areas that are pleasing and pleasant and attractive and gave those to Councilman Moss. She stated that there are many senior citizens living in Trophy Club who have been here for 25 years and would like to stay in Trophy Club but the Town is losing them to Southlake and Keller because there is no housing available in Trophy Club that allows them to downsize to a retirement community like the Conservatory. Ms. Forgan stated that there is a great need in this Town for a Community Center. There is no place in this Town to have a meeting. The Country Club charges $300. She stated that they have to go to Southlake to Central Market. She would like to see a Community Center in the PD -25 development where meetings could be held, crafts taught, game rooms, and a book exchange in lieu of a library. She stated that she also included in her letter 17 uses that were disapproved by her Homeowner's Association. She stated that she was informed that zoning and ordinances are package deals and we can't change one without the other. She would like to see lighting, signage and landscaping made stricter to avoid getting something we don't want. She also wanted to know if anyone is soliciting retailers for this site. It is her understanding that the Town has nothing to market itself. "Do we just sit around and wait for someone to express interest to go out and build something out there or do we go out and find desirable developments? Do we just sit back and wait and then get something like Value Place and then we all bite our nails and scream and cry. What can we do to prevent this ahead of time?" Ms. Forgan stated that the residents of Hanna and Jamie Cts. have sent in a list of approved and unapproved uses for this land so she wants to know where they go from here? Chairman Hill stated that the PD -25 land is privately owned and the Town cannot dictate to the property owner what he can bring in other than what is approved by the PD ordinance. As long as he brings in something that is allowed by the PD, staff has to consider it. If he brings in something that is not allowed by the PD, then he must convince the Planning & Zoning Commission and Town Council that it would be a worthwhile project. Councilman Moss, sitting in the audience, asked Chairman Hill for permission to make a few comments. He stated that a Community Center is in part of the 10 -year Park plan. He stated that there is an area, designated for a Community Center, in Northwest Park. He stated that the latest estimate for such a Center is $8 million and the Town doesn't have that. If ever there is enough money, or the residents can come up with that much in increased taxes and would vote for it, then a Community Center is a possibility. Planning & Zoning Commission September 4, 2008 Page 8 of 38 Councilman Moss stated an arrangement with NISD will allow the Byron Nelson High School library to be available to the residents of Trophy Club. The library is being isolated from the rest of the school building so that residents can have access to it. Councilman Moss also stated that there isn't a lot of commercially zoned property left in Trophy Club and everyone has learned the importance of sales tax revenue and EDCB, along with the Town, has spent $60,000 for a Buxton study, which is a study of all the known commercial businesses that might have an interest in Trophy Club. A number have been contacted. Some have expressed interest. Nothing firm has happened yet, but $60,000 was spent on a study to try to attract commercial business to Trophy Club. Councilman Moss stated that the Assistant Town Manager works with any potentials to bring business into the Town. He stated that the taxable land lost during the past year for Byron Nelson High School and the parks designated land has cost the Town $10 million in taxable land which has not helped the Town's overall situation. Commissioner Ashby stated that Ms. Forgan's and Mr. Kaler's suggestions are good. He believes that many are already addressed within the ordinances and PD. Commissioner Reed stated that the property owner has the right to build according to the current zoning uses, and the staff and this Commission doesn't have control, from any legal standpoint, to change the approved uses on the tracts of PD -25. Regarding code changes, Commissioner Reed believes the Town has done well over the years with the existing codes. There are a lot of codes in the Frisco sign ordinance, some quite good, and some that probably wouldn't fit our particular situation, but he believes the Town consultants would have to give it a detailed look and comparison in order to know whether or not making changes would be reasonable to do. Without a recommendation from a detailed study, he stated that he is reluctant to make comments regarding changing our codes. Commissioner Sheridan stated that regarding zoning it has already pretty much been established what is available and that it is under private ownership that must be honored. He stated that a retirement area of townhomes, over 55, is planned and zoned in the Highlands. Commissioner Sheridan stated that the Community Center and marketing have been addressed by Councilman Moss. Commissioner Sheridan stated that he would object to any public use of any remaining vacant land as it would take it off the tax roll. Regarding building codes, he would suggest that the lighting codes are good, and strict. He is open to reviewing the noise code, but would defer to experts on that. He believes that energy usage, the new energy codes, and the new LEEDS, especially on commercial buildings where it is currently very fad-ish to utilize it and build that way, should be considered. He doesn't advocate spending money on an outside consultant, but suggests a review of the energy codes to be more green oriented. Chairman Hill commented on the current suggestions in regard to the Comprehensive Land Use Plan, stating that the Council's actions since the Town's incorporation in 1985 shows that the Council has adhered to a primary goal of maintaining the residential character of the Town. He stated that the Council has restricted and zoned commercial development primarily to frontage of Highway 114 and the main entrances to the Town. Planning & Zoning Commission September 4, 2008 Page 9 of 38 Regarding PD -25, there has been one development on the property with 8 vacant tracts, with Town staff presently considering one other development on one of the vacant tracts in accordance with the current zoning allowed on the property. In summary of the Commissioners discussion: • Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires a detailed study comparing our current uses to suggested changes, while honoring private ownership rights. • Lighting codes appear to be good and strict. • Noise codes possibly could use review. • Energy codes should be reviewed; can the Town be "greener". • Changes to the Town building codes should be done through a detailed study by appropriate certified reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional planners. Chairman Hill added that in looking at a review of Town ordinances to incorporate more comprehensive sign, noise, or lighting ordinances is beyond the scope of the Commission and rightly should be examined by staff and professional consultants prior to consideration by this Commission and the Town Council for modifying the ordinances involved. Chairman Hill stated that if the Council wishes to direct the Planning & Zoning Commission to work with professional consultants and advisers they should so advise and provide funding. Commissioner Reed added a final comment to Ms. Forgan that he does appreciate her recommendations although the Planning & Zoning Commission must abide by the current regulations when reviewing developments and if those developments meet all regulations the Commission has no recourse other than to approve the development. He likes her suggestions of fountains and walking paths, and maybe a developer will come along who will take the suggestions and incorporate it into a development. Ms. Huggins stated that this item will be heard by the Town Council on September 8, 2008. D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 8:00 p.m. Planning & Zoning Commission September 4, 2008 Page 10 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 9-4-2008 Subject: Agenda Item No.C.1 Public Hearing, Discussion, and Recommendation of a Request from Centurion Acquisitions, L.P. to Approve a Zoning Change from "CR" Commercial Recreation to "CG" Commercial General (Located on Trophy Club Drive adjacent to the Country Club Tennis Courts), 6.568 Acres. (ZCA-08-014). Applicant: Centurion Acquisitions, L.P. 3901 W. Airport Freeway, Suite 200 Bedford, TX 76021 Requested Action: Rezone from "CR" Commercial Recreation to "CG" Commercial General Purpose: Day Care/Retail/Office Uses to be known as "Trophy Club Commons" The applicant is conceptually proposing five buildings: Three buildings of approximately 5,800 sq. ft. each and one building of approximately 10,500 sq. ft. to contain retail/office uses. One building of approximately 14,000 sq. ft. to contain a day care facility. Location: On Trophy Club Drive adjacent to the Country Club Tennis Courts Size: 6.568 acres Existing Land Use: Vacant land Surrounding Land Use: North: "CR" Commercial Recreation property belonging to the uses Trophy Club Country Club for use as Tennis Courts, related and golf course Planning & Zoning Commission September 4, 2008 Page 11 of 38 South: PD -21 "Plaza" Shopping Center and "CR" zoned property privately owned by Beck Properties. East: "R-10" Single Family Residential West: First Baptist Church, 800 Trophy Club Drive Comprehensive Land Use Plan: The Comprehensive Land Use Plan (1997) calls for low density residential for this property; however, with the 697 -acre Highlands residential development to the north, Staff suggests a practical application of this land would be commercial zoning to provide services for the current and future residents of Trophy Club. Commercial General District Regulations: The purpose of the Commercial General district is to provide locations for local neighborhood shopping and personal service needs of the surrounding area to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. Planning & Zoning Commission September 4, 2008 Page 12 of 38 The applicant proposes a 5 -building site with the largest building containing a day care center, with the other four buildings providing retail and office uses. The uses allowed in the CG district are as follows: (Any use not expressly permitted is prohibited.) EDUCATIONAL Children's Day Care Center & Kindergarten Schools, Private Business & Professional Schools, Primary & Secondary COMMUNITY FACILITIES Municipal Admin, Public Service Facilities Park, Playground, Playlots, Related Facilities Public Safety Facilities Social, Recreational, Assembly Bldgs Utility Facilities, Distribution Lines Utility Facilities, Office PROFESSIONAL Accounting Office Admin, Executive, Editorial Office Architectural, Eng, Attorney's Office Insurance Office Planning Office Personal/Family Counselor Physician and/or Dentist Public Secretary Barber, Beauty, Styling Shops Health, Athletic Shops Medical, Dental, Chiropractic, Optometry, etc. Real Estate Office Tanning Salon Travel Bureau or Agency Weight Reduction Studio RELIGIOUS AND PHILANTHROPIC Churches, Temples & Synagogues RECREATIONAL Private Health Club RETAIL Art Studio Art Supply Store Arts, Crafts, Hobby Shops Bakery Shops Bicycle Shop Planning & Zoning Commission September 4, 2008 Page 13 of 38 Confectionary Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaners, Pick-up and Drop-off Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Florist RETAIL (Continued) Grocery Store Hardware Store Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Music Store Tanning Salon Pawn Shop Photograph Service & Studio Printing, Publishing, Engraving Sporting Goods Store Wallpaper, Paint Store Wearing Apparel Store Conditional Use Permits are required for uses that typically may have some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine their establishment on any given site. These requests go before the Planning & Zoning Commission and Town Council for consideration. A Conditional Use Permit would be required for the following businesses to be located in a Commercial General district: Cultural Buildings and Facilities Government Maintenance Building, Storage Yards Privately Owned and Operated Playground Radio, Television, Microwave Towers Restaurant Restaurant with Alcoholic Beverage Sales Community Center (Non -Profit) Swimming Pool, Tennis Court (Non -Profit) Special Use Permits are designed to provide the Planning & Zoning Commission and the Town Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or Planning & Zoning Commission September 4, 2008 Page 14 of 38 mitigate any potentially adverse effects upon the community or the other properties in its vicinity. A Special Use Permit would be required for the following businesses to be located in a Commercial General district: Beer & Wine Sales (Off -Premise Consumption Only) Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only Hours of Operation: Commercial General district regulations limit hours of operation from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind can be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. Height Regulations: No building shall exceed 40 -ft. or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. Buffered Area Regulations: CG property located adjacent to an existing residential development requires all principal buildings and structures to be setback a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. The applicant is showing a 40 -ft. side yard buffer adjacent to residential on the zoning exhibit. Traffic Circulation: The main entrance/exit of this development will align with Trophy Lake Drive to allow for ease of traffic circulation. A traffic circulation plan and impact analysis will be prepared and provided with the site plan for this development. The Traffic Impact Analysis (TIA) requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. As a reference, the TIA completed for the Highlands development suggests improves to the intersection of Trophy Lake Drive and Trophy Club Drive at Stage 3 of Highland development. We are currently nearing completion of platting of Stage 1 of the Highlands. A second ingress/egress will align with the median cut and entrance/exit into the Plaza (PD -21) shopping center. SUMMARY: Staff believes that the permitted uses in Commercial General would be appropriate for this property as it would provide services to current and future residents of Trophy Club. The amount of vacant commercial land is limited in Trophy Club and an additional 6.5 acres of commercial land would provide revenue for the Town. This property is centrally located in Trophy Club and is surrounded on three sides by uses that are compatible with commercial zoning. The adjacent residential use is on the east side of the property and the applicant has proposed a 40 -ft. side yard buffer and greenspace and parking on the east side of the property, placing the day care/retail/office buildings to the west — farthest away from existing residential. Staff does not believe this proposed development would adversely affect health, safety, morals, or general welfare of the Town of Trophy Club residents, but would benefit the Planning & Zoning Commission September 4, 2008 Page 15 of 38 residents. Staff believes that this development is likely to have little to no detrimental impact on the appearance, comfort and value of existing nearby single-family residences. Staff recommends approval of this zoning change request. A plat, site plan, landscape plan and photometrics plan will be required and brought before the Planning and Zoning Commission and Town Council if this zoning change is approved. Attachments: Zoning Application; Legal Description Metes and Bounds of the Property Zoning Change Exhibit Concept Plan — Trophy Club Commons CG — Commercial General District Regulations Use Tables Public Hearing Newspaper Notification and Property Owner Notification Planning & Zoning Commission September 4, 2008 Page 16 of 38 - ZONING APPLICATION P&Z 100Munk€poo dve Trophy Club. Tx 762b2 Department of Planning & Zoning Town of Trophy Club 682.881.46E Case No. Zoning: Zone Change M Specific Use Permit ❑ Site Plan ❑ Conditional Use Permit [ Present Zoning: Requested Zoning: Property Development Information "CR" Present use; "CG" Intender! Use; Legal Description of Property Platted Property - Lof(s)/ Block: Subdivision: 'Un -platted Property - J. Eads Survey Survey Name: J. Sutton Survey A- T property is not pla#ed, affach metes and bound Vacant Office / Dav Care Phase: A-392 A-1154 Acres: 6.568 Owner Information Representative/Agent Information lil there is mm thon one owner, please alloch a sepacOte leiter with Owner's Info nalion and Fignature] Check here if the property owner is represented by on Firm Name: BHS Engineering, & Surv_eying__ oulttiwized Ogenl Name. Konstantine Bakintas, PE Name: Centurion Muisitions, L.P. Address: 920 S. Main St. Ste. 190 City: Grapevine Address: 3901 W. Airport Freeway Ste. 200 City: Bedford_ State: Texas zip Code: 76051 state: Texas Zip Code: 76021 Phone No. (817) 251-8550 x 301 Phone NoX817} 391-2500 Fax Na. (817) 251-8810 Fax No. bhbinc.com Email: kb@bhbinc.com Email: Special Note INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED a e ate RY UE1 �7FD.+ Universal Planning & Zoning Application J U L 2 12008 Page 1 of 7 Rev. Aug 20(15 0-8— Planning & Zoning Commission September 4, 2008 Page 17 of 38 LEGAL DESCRIPTION 6.568 ACRES BEING A 6.568 ACRE TRACT OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 6.5680 ACRE TRACT OF LAND, CONVEYED AS TRACT J. TO CENTURION ACQUISITIONS, L.P., BY DEED RECORDED IN INSTRUMENT NO. 2006- 128659, REAL PROPERTY RECORDS, DENTON, TEXAS, SAID 6.568 ACRE TRACT, WITH REFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387), SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE SOUTHWEST CORNER OF SAID 6.5680 ACRE TRACT, AND A COMMON NORTHWEST CORNER OF TROPHY CLUB, SECTION SEVEN, AN ADDITION TO THE TOWN OF TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABIN J, PAGE 342, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF TROPHY CLUB DRIVE, (AN 80' RIGHT-OF-WAY); THENCE, ALONG THE SOUTHWEST LINE OF SAID 6.5680 ACRE TRACT AND THE COMMON NORTHEAST LINE OF SAID TROPHY CLUB DRIVE THE FOLLOWING COURSES AND DISTANCES: NORTH 55 DEGREES 47 MINUTES 41 SECONDS WEST, A DISTANCE OF 230.31 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 40 DEGREES 38 MINUTES 44 SECONDS, A RADIUS OF 794.70 FEET, A CHORD BEARING OF NORTH 35 DEGREES 28 MINUTES 19 SECONDS WEST, A CHORD LENGTH OF 552.01 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 563.76 FEET, TO A'/z INCH IRON ROD WITH A PLASTIC CAP STAMPED "MCCULLAH" FOUND FOR THE NORTHWEST CORNER OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTHWEST CORNER OF LOT 1, BLOCK 1, TROPHY CLUB COUNTRY CLUB, AN ADDITION TO THE TOWN OF TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABINET X, PAGE 454, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE NORTH LINE OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTH LINE OF SAID LOT 1, BLOCK 1, TH E FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 02 MINUTES 41 SECONDS EAST, A DISTANCE OF 410.00 FEET TO A'/z INCH IRON ROD FOUND FOR CORNER; NORTH 33 DEGREES 48 MINUTES 19 SECONDS EAST, A DISTANCE OF 104.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; THENCE, SOUTH 56 DEGREES 11 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID 6.5680 ACRE TRACT, AND A COMMON WEST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 179.35 FEET TO A POINT FOR CORNER; THENCE, ALONG THE EAST AND SOUTH LINES OF SAID 6.5680 ACRE TRACT, AND THE COMMON WEST AND NORTH LINES OF AFORESAID TROPHY CLUB SECTION SEVEN, THE FOLLOWING COURSES AND DISTANCES: SOUTH 31 DEGREES 32 MINUTES 41 SECONDS EAST, A DISTANCE OF 211.10 FEET TO A POINT FOR CORNER; Planning & Zoning Commission September 4, 2008 Page 18 of 38 SOUTH 19 DEGREES 34 MINUTES 41 SECONDS EAST, A DISTANCE OF 115.00 FEET TO A POINT FOR CORNER; SOUTH 41 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 218.80 FEET TO A POINT FOR CORNER; SOUTH 46 DEGREES 19 MINUTES 19 SECONDS WEST, A DISTANCE OF 153.36 FEET TO THE POINT OF BEGINNING, AND CONTAINING 6.568 ACRES OF LAND, MORE OR LESS. Planning & Zoning Commission September 4, 2008 Page 19 of 38 ZONING CHANGE EXHIBIT Planning & Zoning Commission September 4, 2008 Page 20 of 38 -GP' U.MMUNO REC:REATKAl Q* ODVMME CENLR4 'l5 _.. / vWYU ISL NFwE+itf]N4—��. � �\ r r *.r. �✓ FtiRCF./ �1PNJUR1fNd,nJMpi:1J ulN71iSL✓ IT141Af6NT:Dp&I�G:�' RRAD GT AL 4 'VJ Zoning Change Exhibit Proposed "Trophy s Club Commons" Planning & Zoning Commission September 4, 2008 Page 20 of 38 CONCEPT PLAN — TROPHY CLUB COMMONS TROPHY CLUB COMMONS PREMIER ACADEMY 4040 H-Upe Pa 1.,W Nape,, T— TSN! Mf- Pete EhMrAwq '�1k�•. /� � e 77 .. +_—/ l,� L Planning & Zoning Commission September 4, 2008 Page 21 of 38 Section 4.15 CG — Commercial General district Regulations A. Purpose: The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. B. Uses Generally: In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.43, Use Tables, and in accordance with the following: Hours of operation for the uses set forth in Section 3.03, Use Tables, shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. 1. Accessory Uses Accessory uses shall be permitted within the CG -Commercial District in accordance with the regulations provided In Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the CG -Commercial District in accordance with the regulations provided in Section 6.01, Conditional Permit, 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meetang all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Pian: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 7.03, 'Landscaping Regulations, has been approved. D. Density Regulations: None. D. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. F. Area Regulations: The following minimum standards shall be required, measured from property lines Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 22 of 38 I. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to non -vehicular open space. (non -vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 2. Maximum Building Coverage The combined area covered by all main and accessary buildings and structures shalli not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.) 3. Maximum Impervious Area 4. depth of Front Yard 5. Depth of Rear Yard 6. Width of Side Yard on Each Side The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 30 feet minimum 30 feet minimum (No rear yard shall face any street) 15 feet minimum each side 'All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever a CG Commercial General Development is located adjacent to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. H. Off -Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off -Street Parking Requirements, and all other applicable ordinances of the Town. 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 Coning 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" Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 23 of 38 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. B. 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 shali be preparedand 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. 1. Off -Street Loading: Off-street loading shall be provided as required by Section 7.05, Off-street Loading Requirements. J. 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 landscape buffer. only drive crossings that provide 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. K. Design Requirements: The following design requirements shall apply in the CG District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. 2. Mechanical and electrical equipment, Including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which Is the same as the architectural style of the main structure. All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will t>e required to illustrate that adequate screening is provided. 3. The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture_ Exterior lighting fixtures shall not exceed a maximum height of 25 feet, measured from the adjacent ground, shall direct light toward the ground, and shall be shielded. Alternatives may be approved by the Town Council upon Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 24 of 38 recommendation by the Planning and Zoning Commission on a case by case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. 4. On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built up roof construction shall be permitted. 5. Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface -planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roof line which may include a partial pitched roof for architectural relief. 6. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 7. Uniform architectural treatment shall be provided to all sides of the structure. L. Masonry Requirement: 1_ All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All exterior chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics, which are demonstrated to he critical to the architectural theme of the structure, may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or florescents of the color. spectrum. NL Pedestrian Circulation: The following design requirements shall apply in the CG [District: 1. Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. 2. Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. 3. The site plan shall indicate future access between properties. 4. The pedestrian connections shall access public open green space corridors, where appropriate, Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 25 of 38 N. Entry Markers: The following design requirements shall apply in the CG District, 1. Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the Town of Trophy Club, 2. Entry markers with double faces shall be located in medians in access drives. 3. In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. O. Service Areas: The following design requirements shall apply in the CG District: 1. All service areas, including, but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. 2. The centralized trash collection point shall not be located in any street yard. a. Street Yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line. 3. All trash receptacles shall be screened with a masonry wall of material similar to the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. 4. All trash receptacles shall be adequately sized to contain all trash at all times. P. Slgns: The town sign ordinance shall govern regarding all signs located in the CG District. Q. Supplemental Non-residential Requirements: Additional requirements for non-residential uses located within the CG district shall apply in accordance with Section 7.03H Requirements for Mon - Residential Districts and Uses. (Ord No. 98-29, § XXVIII, 12-1-98, Repealed by Ord. No. 2040-08 P&Z § XXVIII, 3-21-00) Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 26 of 38 Section 3.03 Classification of New and Unlisted Properties The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a Prohibited Use ® Denotes a Permitted Use by Right 0 Denotes of Conditional Use Permit Required Denotes a Specific Use Permit Required Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 27 of 38 District Classifications Permitted Uses �RII]R-121R-l1 13-10 R-9 R-8 R -FV R -TT R -OH OHP R -S MH CG CR NS PO GU RESIDENTIALA. 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P d. Dwelling, Multi -Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentally P Disabled to. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home P 13. Recreational Vehicle Campgrounds P 14. Religious Convent,. Rectory, Monastery P 15. Retirement Home, Orphana e B. 1. AND Churches. Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions 1. Children's Day Care Center & Kindergarten PP 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & P Professional 4. Schools. Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools. Vocational. Technical & Trade Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 27 of 38 Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 28 of 38 District Classifications Permitted Lases R-15 R-12 R-11 R-10 R-9 R-8 R -FV R -TT R -OH OHP R -S MH CG CR NS PO GU D COMMUNITY 1. FACILITIES Athletic Field, Stadium, Auditorium, P Gym P 2. Cemetery and Mausoleums P 3. Commercial Swimming Pod C C C P 4. Cultural Buildings and Facilities 5. GdfCourse, Clubhouse, Related P Facilities S. Gov. Maint Bldg, Storage Yards C C C 7. Municipal Admin, Public Service P P P P P P P P P P P P P P P P P Facilities 8. Park, Playground, Playlots, Related P P P P P P P P P P P P P P P P P Facilities 9. Privately Owned & Operated Playground C C C C C C C C C C C C C C C C C 10. Public Animal Pounds & Shatters 11, Public Safety Facilities P P P P P P P P P P P P P P P P P 13.. Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 14. Social, Recreational, Assembly Bldgs P P P P 15. Tennis, Handball, Racquet Ball Clubs 16. Utility Facilities, Garage. Storage C C BldglYard P P P P P P P P P P P P P P P P P 17. Utility Facilities, Distribution Lines 18. Utilities Facitities, Energy Plant C C P C C 19. Utili Facilities.OPfice E, PROFESSIONAL 1. Accounting Office P' P 2. Admin, Executive, Editodal Office P P 3. Architectural, Eng, Planning Office P P P P 4. Attorney's Office 5. Hospital 6. Insurance Office P P 7. Extended Stay SurgeryCenter P, P 8. Personal/Family Counselor S. Physician and/or Dentist P P 16. Public Secretary P P Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 28 of 38 Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 29 of 38 Permitted Uses OMMMMMEMEMMU®M®m® F. BUSINESS - Barber,1. Stying Shops ■■■■■■■■■■■■O.■�■ 2 Health. Athletic Shops 3� Massage Shops 4 Medical, Dental, 5 Real Estate Office G. Tanning Salon T. Travel Bureau or Agency • S. Weight Studio C RE7AIL Art Studio 2. Art Supply Store 3, Arts, Crafts, Hobby Shops 4, BakeryShops 5. Bicycle Shop (Off -pr se Consumption Only) 7. Confectionary Shop 1, Dairy Food Shop 9. Dance • Store.1 ,Pharmacy Apothecary,. ,.,,,,....,.®.... 11 D'YCIe8ners,Pick-up • Drop- off 11111■11111■11111■11111■_11111■111111■11111■111111■.11llllll■11111■111111■1111111■llllll■llllll■llllll■llllll■ 12 DryCleaningPlan13 Duplication and MallingService 14 Electrical Goods and Fixtures 5 c and Knitting Shop 16 Flonst 17 Grocery Store 18 Hardware Store t Furnishings.store Fixtures ����1•�������o���� 21 Ice Cream Shop 22 Jewelry, Watch Store 23 Music Store 24 Tanning Salon 25 Pawn Shop 26 PhotogfaphSerAcegStudio27 Printing, Publishing, Engraving 28 Restaurant 29 Restaurant, Drive-In30 RestaurantSales Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 29 of 38 [Ord No. 98-29, § XJ 11. 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,I11; 8-19-02, Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 PBZ, § II, 311/04; Use F(6), Ord. No, 2005-07 P&Z, § 4118105) Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 30 of 38 District Classt€ications Permitted Uses L�11_ 11 R-10 R-9 R -S R -FV R -TT R -OH ,OHP R -S MH CG CR NS PO GIJ G RETAIL CONT D 31 Sale of Mixed Beverages in Restaurants by Food & Beverage S' S" S' S" S" S+ Certificate Holders Only P P 32 Sporting Goods Store P 33 Wallpaper, Paint Stam 34 Wearing Apparel P Store RECREATIONAL 1. Community Center (Non -Profit) C C C C C C C C C C C C C C C C P P 2. Country Club, Private P 3. Gdf Course 4. Private Health Club P P P 5, Private Stable P B. Swimming Pool (Private Club) P T. Swimming Pod, Tennis Court (Non- C C C C C C C C C C C C C C C C P Profit) C C C C C C C C C C C C S. Tennis Court ( Private Residence) [Ord No. 98-29, § XJ 11. 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,I11; 8-19-02, Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 PBZ, § II, 311/04; Use F(6), Ord. No, 2005-07 P&Z, § 4118105) Chapter 13 - Zoning Planning & Zoning Commission September 4, 2008 Page 30 of 38 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76252 TO: Alliance Regional Newspapers 1 DATE: August 13, 2008 Classifieds Dept. FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ August 22, 2008 SUBJECT: Rezoning Request NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, September 4, 2008 TOWN COUNCIL Monday, September 22, 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, September 4, 2008, to consider a request for zone change for an approximate 6.558 acres of land; from its current zoning of "CR" Commercial Recreation to "CG" Commercial General; amending Ordinance No, 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and Amending the Official Zoning Map of the Town by changing the zoning, providing that such tract of land shall be used in accordance with the requirements of the Comprehensive Zoning Ordinance and all other applicable ordinances of the Town. (ZCA-08-414) The Town Council will hear the above item on September 22, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m. Planning & Zoning Commission September 4, 2008 Page 31 of 38 NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, September 4, 2008 Town Council - Monday, September 22, 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 Location of Property: 6.568 acres of land located on Trophy Club Drive adjacent to the Trophy Club Country Club Tennis Courts. Regarding: Zoning Change Request from "CR" Commercial Recreation to "Co" Commercial General. The purpose of the Commercial General district is to provide locations for local neighborhood shopping and personal service needs of the surrounding area to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. The applicant is proposing a 5 -building site with the largest building containing a day care center, with the other four buildings providing retail and office uses. The uses allowed in the CG district are attached. Any use not expressly permitted is prohibited. Hours of Operation: Commercial General District regulations limit hours of operation from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind can be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. Height Regulations: No building shall exceed 40 -ft. or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. Buffered Area Regulations: CG property located adjacent to an existing residential development requires all principal buildings and structures to be setback a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. 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 these hearings. 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, email: chins a,ci.tronhyclub.tx.us; telephone: 682-831-4681 Planning & Zoning Commission September 4, 2008 Page 32 of 38 Uses Allowed in Commercial General Zoned Property: EDUCATIONAL Children's Day Care Center & Kindergarten Schools, Private Business & Professional Schools, Primary & Secondary COMMUNITY FACILITIES Municipal Admin, Public Service Facilities Park, Playground, Playlots, Related Facilities Public Safety Facilities Social, Recreational, Assembly Bldgs Utility Facilities, Distribution Lines Utility Facilities, Office PROFESSIONAL Accounting Office Admin, Executive, Editorial Office Architectural, Eng, Planning Office Attorney's Office Insurance Office Personal/Family Counselor Physician and/or Dentist Public Secretary Barber, Beauty, Styling Shops Health, Athletic Shops Medical, Dental, Chiropractic, Optometry, etc. Real Estate Office Tanning Salon Travel Bureau or Agency Weight Reduction Studio RECREATIONAL Private Health Club RELIGIOUS AND PHILANTHROPIC: Churches, Temples & Synagogues RETAIL Art Studio Art Supply Store Arts, Crafts, Hobby Shops Bakery Shops Bicycle Shop Confectionary Shop Dairy Food Shop Planning & Zoning Commission September 4, 2008 Page 33 of 38 RETAIL (Continued) Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaners, Pick-up and Drop-off Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Florist Grocery Store Hardware Store Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Music Store Tanning Salon Pawn Shop Photograph Service & Studio Printing, Publishing, Engraving Sporting Goods Store Wallpaper, Paint Store Wearing Apparel Store Conditional Use Permits. A Conditional Use Permit would be required for the following businesses to be located in a Commercial General district: Cultural Buildings and Facilities Government Maintenance Building, Storage Yards Privately Owned and Operated Playground Radio, Television, Microwave Towers Restaurant Restaurant with Alcoholic Beverage Sales Community Center (Non -Profit) Swimming Pool, Tennis Court (Non -Profit) Special Use Permits. A Special Use Permit would be required for the following businesses to be located in a Commercial General district: Beer & Wine Sales (Oil -Premise Consumption Only) Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only Planning & Zoning Commission September 4, 2008 Page 34 of 38 Planning & Zoning Commission September 4, 2008 Page 35 of 38 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION Thursday, September 4, 2008 7:00 P.M. TOWN COUNCIL Monday, September 22, 2005 7:00 P.M. NOTIFICA'T'ION AREA FOR Property Located on Trophy Club Drive adjacent to the Country Club Tennis Courts Planning & Zoning Commission September 4, 2008 Page 36 of 38 Chlouber Revocable Living Deborah Williams Larry Smith 972 Trophy Club Dr. 13 Riviera Ct. 1124 Sunset Dr. Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262 First Baptist Church David Smith John & Marcia Doyle c/o Jimmy McLeod 974 'Trophy Club Dr. 14 Riviera Ct. 9 Shasta Dr. Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262 Douglas Swift Donald Slusar Larry and Laurie Scott 971 Trophy Club Dr. 15 Riviera Ct. 1915 Yorkshire Ct. Trophy Club, TX 76262 Trophy Club, TX 76262 Lincoln, NE 68506 Ralph & Ola Loggiins Living Trust Paul Rutan I & L Dev Co. 973 Trophy Club Dr. 16 Riviera Ct. 3500 Oak Lawn Ave., Ste. 720 Trophy Club, TX 76262 Trophy Club, TX 76262 Dallas, TX 75219-4370 John Grunthaner Gregory J. Isert Clubcorp Golf Tex Lp 8 Meadow Creek Ct. 9 Riviera Ct. Suite 700 Trophy Club, TX 76262 Trophy Club, TX 76262 3030 Lyndon B. Johnson Fwy. Dallas, TX 75234-7763 Donald Werkstell Frederick Whitlark Freddie & Katherine Brooks Regency Centers 975 Trophy Club Dr. 17 Riviera Ct. P.O. Bog 790830 Trophy Club, TX 76262 Trophy Club, TX 76262 San Antonio, TX 78279-0830 Trophy Club, TX 76262 Trophy Club, TX 76262 Beck Property Trophy Club Lp Ball Family Living Trust Nanette & Stephen Hawkins 6211 Raintree Ct. 977 Trophy Club Dr. 18 Riviera Ct. Dallas, TX 75254 Trophy Club, TX 76262 Trophy Club, TX 76262 John Grunthaner Gregory J. Isert Clubcorp Golf Tex Lp 8 Meadow Creek Ct. 9 Riviera Ct. Suite 700 Trophy Club, TX 76262 Trophy Club, TX 76262 3030 Lyndon B. Johnson Fwy. Dallas, TX 75234-7763 Donald Werkstell Rodney & Lori Cooper Tc Quorum Ltd PIs 7 Meadow Creek Ct. 10 Riviera Ct. 350 Quorum Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262 Cecilia Estelle Williams Michael & Donna Strung 6 Meadow Creek Ct. 11 Riviera Ct. Trophy Club, TX 76262 Trophy Club, TX 76262 Glenn & Lisa Reeves Evelyn Andersson 2 Meadow Creek Ct. 12 Riviera Ct. Trophy Club, TX 76262 Trophy Club, TX 76262 Planning & Zoning Commission September 4, 2008 Page 37 of 38 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 9-4-2008 Subject: Agenda Item No.D.1 Adjournment. (ch) Planning & Zoning Commission September 4, 2008 Page 38 of 38