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Agenda Packet P&Z 01/18/2007Planning & Zoning Commission Page 1 of 28 18 January 2007 Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, January 18, 2007 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Presentation, discussion and appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) B.2 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. B.3 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) B.4 Discuss and provide input relative to a proposed amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13, entitled "Zoning", Article VIII, entitled "Development & Design Standards", Section D, entitled "Materials", and Section L, entitled "Maintenance and Repair of Non-Living Material", to provide regulations regarding fencing materials and maintenance. (ADM-07-027) B.5 Presentation, discussion and appropriate action relative to an Ordinance amending Section 7.01, "Procedures", paragraph (B)(3), of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", and by amending Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances. C.1 Adjournment. Planning & Zoning Commission Page 2 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (kcf) Planning & Zoning Commission Page 3 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.B.1 Presentation, discussion and appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) STAFF COMMENTS: Betty Watson will be at the meeting to answer any questions the Commission may have. The event will be handled the same as in previous years. Betty will be in contact with Chief Kniffen to discuss any DPS issues for the event. The spring garage sale will be held Saturday, April 28th and the fall sale will occur Saturday, October 20th. For each event, no alternate rain day is planned. (kcf) Planning & Zoning Commission Page 4 of 28 18 January 2007 Planning & Zoning Commission Page 5 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.B.2 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (kcf) This item was tabled at the Commission’s 4 January 2007 meeting. Neither the applicant, nor his representative was present at the meeting. COMMISSIONERS: Please bring your plat copy from the previous meeting. Planning & Zoning Commission Page 6 of 28 18 January 2007 STAFF REPORT TO: PLANNING & ZONING COMMISSION MEETING DATE: 4 JANUARY 2007 SUBJECT: PRELIMINARY PLAT – CHURCHILL DOWNS PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for Churchill Downs. OWNER/DEVELOPER: Southwest T.O.O. Development, L.L.C. 204 Elliott Drive Roanoke, Texas 76262 ENGINEER/LAND PLANNER: Robert Schneeberg Gonzalez & Schneeberg 660 N. Central Expressway, No. 250 Plano, Texas 75074 EXISTING CONDITION OF THE PROPERTY: The subject land currently lies within the Town’s ETJ. LOCATION: North: Marshall Creek Road and Future Parkland within The Highlands, PD-27 South: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of Engineers property) East: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of Engineers property) West: Neighborhood 8 of The Highlands, PD-27 Staff Review: The initial Preliminary Plat was submitted 26 October 2006. Staff review comments were given to the applicant 15 November 2006. Revised plans were submitted by the applicant 13 December 2006. Town review comments for the second submission were forwarded to the applicant 28 December 2006. Below are those comments: Planning & Zoning Commission Page 7 of 28 18 January 2007 Staff has reviewed the second submission of the Preliminary Plat for Churchill Downs and offers the following comments: Drainage Study 1. Verify that the “C” factor is acceptable using the soil antecedent for this area. Miscellaneous 1. Renumber sheets to include drainage study and the sewer alignment to reflect it is part of the Preliminary Plat. 2. Derby Way Section: Change the parkway from 9’ to 9.5’. 3. Intersection of Derby Way and Marshall Creek Road: Curb radii must be 30’ 4. Intersection of Derby Way and Churchill Downs Lane: Curb radii must be 25’. Planning & Zoning Commission Page 8 of 28 18 January 2007 Planning & Zoning Commission Page 9 of 28 18 January 2007 Planning & Zoning Commission Page 10 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.B.3 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) (kcf) Planning & Zoning Commission Page 11 of 28 18 January 2007 STAFF REPORT TO: PLANNING & ZONING COMMISSION MEETING DATE: 18 JANUARY 2007 SUBJECT: PRELIMINARY PLAT –MAINTENANCE FACILITY ADDITION PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for The (Country Club) Maintenance Facility Preliminary Plat OWNER/DEVELOPER: Beck Properties Trophy Club, L.P. 100 Trophy Club Drive Trophy Club, Texas 76161 REPRESENTATIVE: Jones & Carter, Inc. 3030 LBJ Freeway, Suite 910 Dallas, Texas 75234 EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to CR – Commercial Recreation in August, 2006. ADJACENT ZONING/EXISTING LAND USES: North: CR and R-12, both vacant, undeveloped land South: CR, Trophy Club Country Club East: R-12, vacant, undeveloped land West: GU, Trophy Club Municipal Utility District Wastewater Treatment Plant STAFF COMMENTS: The Preliminary Plat for the Maintenance Facility was submitted to the Planning Department 31 October 2006. The submission was incomplete at that time. Upon receipt of the deficient documents, staff provided the applicant with review comments 10 November 2006. Two major components of the plat were missing in the submission: a drainage study and utility information. Staff received the revised plat submission 10 January 2007. At this date, a full review of the new information has not been completed. Staff will provide the Commission with a verbal review and recommendation prior to Thursday’s meeting. Planning & Zoning Commission Page 12 of 28 18 January 2007 Planning & Zoning Commission Page 13 of 28 18 January 2007 Planning & Zoning Commission Page 14 of 28 18 January 2007 Planning & Zoning Commission Page 15 of 28 18 January 2007 Planning & Zoning Commission Page 16 of 28 18 January 2007 Planning & Zoning Commission Page 17 of 28 18 January 2007 Planning & Zoning Commission Page 18 of 28 18 January 2007 Planning & Zoning Commission Page 19 of 28 18 January 2007 Planning & Zoning Commission Page 20 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.B.4 Discuss and provide input relative to a proposed amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13, entitled "Zoning", Article VIII, entitled "Development & Design Standards", Section D, entitled "Materials", and Section L, entitled "Maintenance and Repair of Non-Living Material", to provide regulations regarding fencing materials and maintenance. (ADM-07-027) STAFF COMMENTS: The majority of the language added to Section L, “Maintenance and Repair of Non-Living Material” was not included in the most recently adopted Fence Code. The Code Enforcement Department has requested this criterion be added back to the Fence Code to help with the enforcement of fence maintenance. Additional materials have also been added to Section D, “Materials”. The purpose for adding materials to the “prohibited materials” list is a matter of public safety. (kcf) Planning & Zoning Commission Page 21 of 28 18 January 2007 Chapter 13 – Zoning Article VII - Development & Design Standards D. Materials: 1. Acceptable Materials: a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicating the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested. 2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials shall be prohibited including but not limited to, broken glass, nails, screws or wire or any sharp object may be affixed to a fence in a manner that may cause injury to or prevent emergency fire and police personnel from climbing such fence in an emergency. Nails or screws used in a normal construction manner are not applicable to this exclusion. L. Maintenance and Repair of Non-Living Material A. All screening materials, fences, walls, outdoor animal runs, and retaining walls shall be maintained in a neat and orderly manner and repaired in sound condition and good repair at all times. 1. All fences, walls, screening materials and animal runs must be maintained in their original design and placement. 2. The maintenance and/or repair of any screening material, fence, wall or animal run shall be constructed of the same materials as the existing screening material, fence, wall or animal run. B. When a fence, wall, or outdoor animal run is declared by the Building Official or his designated representative to be dilapidated or hazardous, the Building Official, or his designated representative shall order the occupant, owner, or inhabitant of the property to remove or repair the screening material, fence, wall, or outdoor animal run to a sound condition. 1. Dilapidated shall include, but not be limited to, screening materials, fences, walls, or outdoor animal runs that have broken or missing planks or portions, or that are out of alignment by more than one foot (1’) of height measured at the posts. 2. Areas adjacent to screening areas, fences and walls shall be maintained in a clean manner, and shall be free and clear of all debris, trash and weeds, and other such materials or plants not a part of the screening or landscaping. Planning & Zoning Commission Page 22 of 28 18 January 2007 3. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove or repair a fence, screening material or wall in accordance with this provision within ten (10) days of an order issued under this section, unless otherwise approved by the Building Official or his designated representative. Planning & Zoning Commission Page 23 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.B.5 Presentation, discussion and appropriate action relative to an Ordinance amending Section 7.01, "Procedures", paragraph (B)(3), of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", and by amending Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances. STAFF COMMENTS: With the submission of the Preliminary Plat for Neighborhoods 3&4 of The Highlands at Trophy Club, Hillwood has requested early grading permits. Currently the Town does not allow early grading prior to the execution of the Developer’s Agreement. Staff has been directed to draft provisions to provide criteria for early grading, which are included for your review. (kcf) Planning & Zoning Commission Page 24 of 28 18 January 2007 Chapter 12 - Subdivision Regulations Article 7 – Developer’s Agreement, Financial Assurances, and Construction Contracts for Public Improvements Section 7.01 Procedures A. Contract Required: The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. B. Approval of Contract: 1. The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. 2. The Mayor shall review and sign the contract on behalf of the Town upon approval by the Town Council. 3. No construction work shall begin on the subdivision before the Developer’s Agreement is approved and signed by the Mayor. This provision shall preclude exclude the moving of dirt, when in conformance with Article 8, Section 8.11 of this Codeexcept in conditions covered in other development regulations. 4. The Town will use its best effort to expedite all necessary instruments and documents within the Town administration. C. Changes in Contract/Scope of Project: Any subsequent changes in the plans and specifications of the approved project which results in an increase in the project scope shall necessitate an amendment to the Developer’s Agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the Inspection Fee, as authorized in Section 7.03 (A) below. The Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town Engineer in revising and/or reviewing the revised documents, and approval shall not be granted until such additional fees are paid. Planning & Zoning Commission Page 25 of 28 18 January 2007 Chapter 12 – Subdivision Regulations Article 8 – Tree Preservation and Removal Section 8.11 Land-Disturbing Activities A. Approval and Permit Required: No Person shall engage in any land-disturbing activities, including but not limited to the removal of trees, land clearing and/or grading or other pre- construction preparatory activity without the required approvals and permits. All such land- disturbing activities shall be confined to the interior limits of the grading area identified on an approved grading plan. A clearing and grading permit is required in the Town prior to any land-disturbing activity. B. Exceptions: It shall be an exception to the permit requirement of this Section when a Person is engaging in one or more of the following activities: 1. Land-Disturbing Activities in an emergency situation involving immediate danger to life and property or substantial fire hazard; 2. Land-Disturbing Activities of one (1) acre or less on a single lot, under one (1) ownership, for the purpose of construction, landscaping and/or associated improvements for a single-family residence to be constructed as indicated on the site plan submitted to the Director of Community Development with an approved application for a building permit; 3. The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification by the Parks and Recreation Director; 4. Land-Disturbing Activities or other practices associated with and necessary to conduct normal agricultural crop operations on a property, excluding timber cutting. C. Standards 1. General Requirements - Following the approval of a Preliminary Plat by the Planning & Zoning Commission and the Town Council, and the issuance of a tree removal permit by the Permitting Department, land disturbing activities are permitted subject to the following criteria: a. The applicant shall provide the Town written acknowledgement that all grading completed prior to the approval of a Final Plat is at the risk of the developer/applicant and is subject to change based on the approval of the Final Plat by the Planning and Zoning Commission and Town Council and the release of the construction plans. b. All work must be in conformance with the approved tree removal permit, tree protections plan and tree mitigation plan. c. All erosion control and tree protection devices must be in place prior to the commencement of land disturbing activities, and shall be properly maintained at all times. Planning & Zoning Commission Page 26 of 28 18 January 2007 d. The placement of fill shall be in strict conformance to the plans and specifications provided for the project. e. The Town Engineer has reviewed the construction plans and released them for grading only. f. No construction activity of any kind shall take place in the 100 year floodplain. g. Land-Disturbing Activities and other operations shall not create or contribute to landslides, accelerated soil creep, and/or settlement. h. Land-Disturbing Activities and other operations shall not create or contribute to flooding, erosion, or increased siltation or other forms of pollution in a watercourse. i. Land-Disturbing Activities and other operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build-out schedule j. Debris, including but not limited to, tree limbs, construction material and other non-earthen material shall be removed from cleared sites as it is created and shall not be stock piled on the site. 2. Cut and Fills a. Slopes greater than three feet (3’) in height shall be no steeper than two (2) horizontal to one (1) vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation or as approved by the Town to meet other community or environmental objectives. b. All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days. c. When the owner of any parcel raises lowers, or alters the level or existing grade of a site by fill or excavation; he or she shall, at their expense, take all steps necessary to ensure compliance with the following: i. Take or cause to be taken all actions necessary to protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation either within the confines of the site; and, ii. When engaging in land-disturbing activities; including, but not limited to, cut and fill, such person shall not alter or otherwise compromise the intent or use of existing drainage and utility easements as originally designed and approved by the Town. iii. Establishing Ground Cover: A temporary ground cover shall be established on all graded or disturbed areas not intended to be developed within fourteen (14) days of completion of any Land-Disturbing Activity. D. Grading Plan Evaluation Criteria: When evaluating a Grading Plan, the Director shall review the Grading Plan for compliance with the following criteria: Planning & Zoning Commission Page 27 of 28 18 January 2007 1. Appropriate footprint sizes are identified on the Grading Plan and developments are designed in accordance with the natural terrain and drainage of the site. Erosion prevention and control measures are utilized, including protection of natural swales and drainage areas. Severely eroded areas are stabilized. 2. Mass cutting, filling and benching or terracing of existing slopes to create additional or larger building sites are prohibited; therefore, the Grading Plan shall not include or propose any such activity. The Grading Plan provides for the use of alternative treatments; including, but not limited to, building the structure with slopes of the natural terrain, the use of internal or external building retaining walls, and the use of low retaining walls on the site to reduce site grading. Mass site grading is prohibited. 3. The Grading Plan includes all information necessary for the Director of Community Development to determine that the project will result in the reasonable preservation of trees under the standards set forth in Section 8.5 of this Chapter and the requirements of this Section. 4. The area for which land-disturbing activity is proposed is limited by design to the area of construction, and the site is left in its natural state otherwise during the course of construction. 5. The Grading Plan shall include all information necessary for the Director of Community Development to determine that it provides for the reasonable preservation of trees and understory, and that the following criteria has been met regarding the selection of trees to be preserved or removed. When making such determination, the Director shall consider all relevant factors, including but not limited to the following: i. Proximity of the tree’s or trees’ critical root zone or drip line to proposed grading activity. ii. That all necessary and appropriate permanent tree protection methods are employed to protect the preserved tree from damage where the tree’s critical root zone may be impacted. iii. Other remedial or protective measures have been employed, including site design which improves the chances for tree survival. iv. Temporary tree protection methods are adequately employed. v. Construction methods for utility service to the site are used that allow protection and preservation of additional trees; such as, tunneling under the critical root zones, tree walls, or tree wells. vi. Utility trenching activities are indicated on the plan. Planning & Zoning Commission Page 28 of 28 18 January 2007 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-18-2007 Subject: Agenda Item No.C.1 Adjournment. (kcf)