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Minutes P&Z 11/21/2002MINUTES OF A PUBLIC HEARING & REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION 21 NOVEMBER 2002 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 21 November 2002, at 7:00 pm in the Public Works Conference Room of the Public Works Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Vice Chairman Gilliland Commissioner Ashby Commissioner Reed Commissioner Rodgers Commissioner Sheridan Commissioner Stephens STAFF AND GUESTS PRESENT: Kerin C. Fleck Dan Boutwell Hap Bagget Rick Horn Jay E, Marsh David Cunningham Randy Rutledge present present arrived at 7:17 pm excused present present excused Planning & Zoning Coordinator Planning Consultant Oakmont Enterprises Pate Engineers Pate Engineers Midwest Realty Property Owner, 5 Jamie Court CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:04 pm, and announced a quorum was present. PUBLIC HEARING 2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING. 3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: Chairman Hill read the caption into the record. Planning & Zoning Commission Public Hearing & Regular Session Meeting 21 November 2002 A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, 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 ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1, TRACT 2, TRACT 3, TRACT 4, AND TRACT 8 FOR RETAIL USES; TRACT 5, TRACT 7, AND TRACT 9 FOR RETAIL AND HOTEL USES; AND TRACT 6 FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; REQUIRING SUBSEQUENT TOWN APPROVAL OF BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENCE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVING AND EFFECTIVE DATE. (ZCA-02-004) Rick Horn addressed the Commission and introduced Hap Baggett of Synergy Properties and David Cunningham of Midwest Realty representing the intended owner/developer of the site. Mr. Cunningham addressed the Commission. The plan for the property at this time is to put into place a horizontal development in order to prepare the land for use. This is a continuous twenty-two (22) acre site, The property currently being bought from Mr. Holley and Mr. Bagget are the front sixteen (16) acres. A group has retained the back six (6) acres for a possible medical office complex in the future, The sixteen (16) acres currently retains a zoning of CG - Commercial General, Staff suggested a Planned Development District zoning for this site in order to better define the uses and some of the site details. N:\kfleck\Private\PLANNING & ZONING\MINUTES\2002\NOV\ 11212002 PH & REG SESSION.doc (1/21/03 10:56:45 AM) a Planning & Zoning Commission Public Hearing & Regular Session Meeting 21 November 2002 The project is planned to be a commercial development with a number of uses. The proposed uses include a restaurant drive-in for tracts 1 and 2; sit down restaurants for tracts 3 and 4. Tract 5 will be office and tract 8 will be retail. Tract 5, 7 and 9 are proposed to have hotel uses with tract 5 also having retail and restaurant uses and tract 9 having retail. Trophy Wood Drive will be extended down to the service road for State Highway 114, Pending zoning approval, work on Trophy Wood Drive is projected to be completed by July 2003, The back six (6) acres will close approximately one (1) month following the completion of Trophy Wood Drive. There were no requests to speak from the public, 4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. Chairman Hill closed the public hearing at approximately 7:21 pm, 5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION. A motion was made to open the Regular Session. Motion: Gilliland Second: Rodgers Ayes: Hill, Ashby, Sheridan Nays; None Action: 5-0 Motion carried. *REGULAR SESSION 6. DISCUSSION AND CONSIDERATION OF APPROPRIATE ACTION RELATIVE TO THE PLANNING & ZONING COMMISSION'S RECOMMENDATION TO THE TOWN COUNCIL REGARDING THE ADOPTION OF THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, 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 ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1, TRACT 2, TRACT 3, TRACT 4, AND TRACT 8 FOR RETAIL USES; TRACT 5, TRACT 7, AND TRACT 9 FOR RETAIL AND HOTEL USES; AND TRACT 6 FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH N:\kfleck\Private\PLANNING & ZONING\MINUTES\2002\NOV\ 11212002 PH & REG SESSION.doc (1/21/03 10:56:45 AM) 3 Planning & Zoning Commission Public Hearing & Regular Session Meeting 21 November 2002 TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; REQUIRING SUBSEQUENT TOWN APPROVAL OF BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENCE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVING AND EFFECTIVE DATE. (ZCA-02-004) Vice Chairman Gilliland stated his concern for the lack of green space, and circulation reflected on the Concept Plan, as well as the small size of the lots, number of rooms in the hotels and the maximum impervious area. He also felt the ten foot (10') landscape setback to too small. Commissioner Rodgers clarified that the site eventually would back up to the existing Villas Planned Development. Mr. Cunningham stated that when the back six (6) acres are developed the temporary road currently connecting Trophy Wood to T.W. King will be taken out. Commissioner Rodgers also stated concern over the uses proposed, Commissioner Sheridan suggested all uses be listed in the Ordinance, not just by referencing a section of the Use Table in the Comprehensive Zoning Ordinance. He went on to say that the ten -foot (10') building line seemed small. He confirmed that there would be eighty foot (80') right of ways and that the Town was aware that they would be taking over the maintenance of the medians. He asked for clarification in the Ordinance regarding the limited stay hotels that would not require meeting and dining facilities. Mr. Cunningham agreed to make the changes. Mr. Bagget addressed the Commission and discussed the market study that had been done on Trophy Club and the surrounding areas. Randy Rutledge addressed the Commission, N:\kfleck\Private\PLANNING & ZONING\MINUTES\2002\NOV\ 11212002 PH & REG SESSION.doc (1/21/03 10:56:45 AM) IN Planning & Zoning Commission Public Hearing & Regular Session Meeting 21 November 2002 A motion was made to approve the Planned Development as submitted with a few adjustments including a change to the minimum landscape buffer along Trophy Wood Drive to be increased from ten feet (10') to fifteen feet (15'), the inclusion of all the approved uses to be listed, clarify the definition of the term "masonry" and any other exterior materials. Motion: Gilliland Second: Rodgers Commissioner Ashby suggested the motion be amended in order to clarify A(1)c(3) pertaining to limited stay facilities. Vice Chairman Gilliland suggested the inclusion of textured coated concrete as a form of masonry clarification, Chairman Hill asked the applicant to provide hours of operation for the office complex located on tract 6, Mr, Cunningham stated those additional items would be addressed, The hours of operation agreed upon for tract 6 were 7:00 am - 10:00 pm. The motion was amended to reflect three items referenced above. Motion: Gilliland Second: Rodgers Ayes: Hill, Ashby, Sheridan Nays: None Action: 5-0 Motion carried. This item will be recommended for approval to the Town Council at their 2 December 2002 meeting. B. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-25P&Z ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION, REGULATION, AND PERMITTING OF FENCES AND RETAINING WALLS; AND ADOPTING NEW REGULATIONS FOR THE CONSTRUCTION, REGULATION AND PERMITTING OF FENCES AND RETAINING WALLS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR FENCES, INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF FENCE AND CONSTRUCTION; PROVIDING RETAINING WALL REGULATIONS, INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF RETAINING WALL AND CONSTRUCTION; PROVIDING REGULATIONS FOR OUTDOOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PROVIDING FOR SCREENING; PROVIDING REGULATIONS FOR GOLF COURSE LOTS; PROVIDING FOR MAINTENANCE OF NON -LIVING MATERIAL; PROVIDING FOR MAINTENANCE N:\kfleck\Private\PLANNING & ZONING\MINUTES\2002\NOV\ 11212002 PH & REG SESSION.doc (1/21/03 10:56:45 AM) 5 Planning & Zoning Commission Public Hearing & Regular Session Meeting 27 November 2002 OF LIVING MATERIAL; PROVIDING FOR ADDITIONAL SCREENING AND FENCING; PROVIDING FOR PERIMETER FENCING; PROVIDING FOR INSPECTION; PROVIDING FOR MAINTENANCE/REPLACEMENT; PROVIDING FOR WAIVERS AND APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Ms, Fleck briefed the Commission about the change to the Ordinance. A motion was made to recommend adoption of the repeal, The Commission was asked by the Town Council to make changes to the Fence Ordinance in order to exclude pool barriers from the parallel fencing requirements. A motion was made to recommend approval of the Fence Ordinance repeal. Motion: Gilliland Second: Sheridan Ayes: Hill, Ashby, Rodgers Nays; None Action: 5-0 Motion carried. This item will be recommended for approval to the Town Council at their 2 December 2002 agenda. . 0 10111 • Chairman Hill adjourned the meeting at approximately 8:46 pm. Gene Hill, Chairman r Ke in C. Fleck, Plannin6 & Zoning Coordinator N:\kfleck\Private\PLANNING & ZONING \ MINUTES\ 2002 \ NOV\ 11212002 PH & REG SESSION.doc (1/21/03 10:56:45 AM) on