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Agenda Packet P&Z 08/21/2008Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, August 21, 2008 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Review and approve minutes of the July 17, 2008 Planning and Zoning Commission meeting. C.1 Public Hearing, Discussion, and Recommendation regarding Amendment to PD- 25 Sign Criteria for Value Place Hotel located at 306 Trophy Branch. C.2 Public Hearing, Discussion and Recommendation regarding changes to the Town of Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. (ADM-08-029) C.3 Review and Comment to Town Council regarding changes to Trophy Club Ordinances as suggested by two (2) Hanna Ct. residents. D.1 Adjournment. Planning and Zoning Commission August 21, 2008 Page 1 of 216 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (ch) Planning and Zoning Commission August 21, 2008 Page 2 of 216 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008 Subject: Agenda Item No.B.1 Review and approve minutes of the July 17, 2008 Planning and Zoning Commission meeting. (ch) Planning and Zoning Commission August 21, 2008 Page 3 of 216 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION JULY 17, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on July 17, 2008, at 7:00 p.m. in the Public Services Conference Room, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Absent Vice Chairman Stephens Present Commissioner Reed Present Commissioner Sheridan Present Commissioner Forest Present Commissioner Ashby Present Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until appointments/reappointments occur in September 2008. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Chris King Building Inspector Todd Price Southwest Downs L.P. Michelle Brown F&R Adams Luxury Homes, L.L.C. A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Vice Chairman Stephens called the meeting to order at 7:00 p.m. with a quorum present. B.1 REVIEW AND APPROVE MINUTES OF THE JUNE 19, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Ashby asked for a correction of the voting for Item C.2. Commissioner Ashby was absent at the June 19 meeting and therefore could not have voted as shown in the minutes. Ms. Huggins will correct the item. Commission Forest motioned to approve the minutes of the June 19, 2008, Planning & Zoning Commission meeting as corrected. The motion was seconded by Commissioner Ashby. Planning and Zoning Commission August 21, 2008 Page 4 of 216 Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved C.1 PUBLIC HEARING TO CONSIDER A REQUEST FOR REPLAT OF LOTS 1-8, BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS SUBDIVISION. APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND MICHELLE BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014) Vice Chairman Stephens announced the case, opened the public hearing, and asked the applicants to bring the Commission up-to-date on the changes to the replat. Todd Price, Owner, stated that the replat shows the new setbacks and the dedication of the streets as private. He stated that the majority of the replat is the same as the original plat. He stated that he also has grading information with him [as requested by the Planning & Zoning Commissioners at the last meeting when a zoning change for this property was approved], which is part of the construction plans for the subdivision and the construction plans, including grading, do not change with this replat. Ms. Huggins confirmed that the Town engineer reviewed the grading plans that are part of the construction plans for this subdivision and those plans are not changed by this replat. As there were none in attendance wishing to speak during the Public Hearing portion of this case, Vice Chairman Stephens closed the public hearing. C.2 DISCUSSION AND CONSIDERATION OF A REQUEST FOR REPLAT OF LOTS 1-8, BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS SUBDIVISION. APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND MICHELLE BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014) Vice Chairman Stephens asked for discussion by the Commission. Commissioner Sheridan asked if this is for P&Z approval or for recommendation to the City Council. Ms. Huggins replied that the Commission is considering this item for recommendation to the City Council. Commissioner Sheridan asked if there are any other Town ordinances that would be changed or altered (such as no parking of vehicles overnight on the streets) when this subdivision becomes private, beyond what is put in the notes which references the utilities and easements. Ms. Huggins responded that the part of the plat that is going private (the streets) is no longer subject to Town regulations except as outlined on the plat. By State Law under the Transportation Code, using as an example overnight parking as mentioned by Commissioner Sheridan, 25% of the homeowners of the Planning and Zoning Commission August 21, 2008 Page 5 of 216 subdivision would have to petition the Town in order to make those regulations part of that private subdivision. Commissioner Sheridan asked if code enforcement, such as maintaining yards and fences, would not be affected by this subdivision becoming private. Ms. Huggins responded, “That’s correct”. Ms. Huggins stated that Town regulations apply to all items in the subdivision other than the street regulations, once the streets become private. Commissioner Sheridan recommended that a boxed note be added to the replat stating that the replat voids all previous plats. Ms. Huggins added that this replat automatically voids the previous final plat, however, after checking with other staff members, including the Town Attorney, staff agrees with Mr. Sheridan that a note of explanation should be added to the replat and that note will be shown on the copies that Council will receive for review on August 4, 2008. Vice Chairman Stephens asked that the date be updated on the replat. Commissioner Ashby stated that he does not want to see the setbacks of the rear yards changed, especially on those homes backing up to Marshall Creek Rd. After discussion with the applicant, staff and other Commissioners, Mr. Ashby withdrew his comments since the setbacks were approved with the zoning change request of Churchill Downs which was recommended for approval by the Planning & Zoning Commission on June 19, 2008 and approved by the Town Council on July 7, 2008. This replat reflects the setbacks approved with the Churchill Downs subdivision zoning change from R-15 to PD-29. Mr. Ashby stated that he would have liked to see the setbacks remain at 20-ft. and would have voted that way had he been present at the previous Planning & Zoning Commission meeting when the rezoning request was considered. As there was no further discussion, Vice Chairman Stephens called for a motion. Commissioner Sheridan made a motion recommending approval to the Town Council with the following stipulations: 1) a boxed note added to the replat stating the purpose of the replat and that this replat voids all previous plats; 2) current date placed on the replat. The motion was seconded by Commissioner Reed. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved Planning and Zoning Commission August 21, 2008 Page 6 of 216 C.3 PUBLIC HEARING FOR A TEXTUAL CHANGE TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE V- SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.03 ACCESSORY STRUCTURES AND USES, SUBSECTION “D” LOCATION, TO ALLOW DETACHED ACCESSORY STRUCTURES TO BE BUILT CLOSER THAN TEN (10) FEET TO PRIMARY DWELLING. (ADM-08-029) Vice Chairman Stephens opened the Public Hearing and asked Chris King, Building Inspector, for a staff report. Mr. King stated that the current ordinance does not allow a detached structure such as an arbor, pergola, or outdoor kitchen to be closer than 10-ft. to the existing dwelling. Staff runs into problems with this ordinance because very large homes are being built on lots and pushing an arbor, pergola, etc., 10-ft. away from the house causes encroachment into setbacks as well as utility or drainage easements, creating more harm than good in Staff’s opinion. Staff is asking that the homeowner be allowed to be closer than 10-ft. to stay within setback boundaries without having to attach to the primary dwelling. Vice Chairman Stephens asked if anyone else wished to speak. Jill Setzer, 4 Cricket Ct., stated that she and her husband would like to see this pass because their house is situated on a cul-de-sac such that if they put a structure outside it would literally be in the middle of the yard and they would have to tear down a tree which wouldn’t be aesthetically pleasing to anyone. If this passed, they could place a shed in the location where they wished and have it aesthetically pleasing to everyone. She stated that they also wish to have an 8-ft. shed and the ordinance limits sheds to 6- ft., but they were told by Ron [Powell, Permit Department Technician], “that’s a typographical error; it should say 8-ft.” Mike Davidson, 201 Ridge View Lane, Eagles Ridge area, would like to see this change occur. He has a patio that extends off the furthest back-facing part of the house, facing south, with brick on the house, a concrete patio and it drops off 4-ft. from there, so it is very awkward to do anything with that space. Mr. Davidson would like to add a cover to block the sun a little bit without going 10-ft. away from the structure. Gilbert Rabbe, 2 Ridgewood Dr., is also in favor of this change. He would like to install an entertainment area in his backyard. He wishes to have four arbors that sit in a rectangular pattern, creating an open air area with no walls or roof. If he moves it away from the house 10-ft, then he violates the easements on the back side. As there were no others wishing to speak, Vice Chairman Stephens closed the public hearing. Planning and Zoning Commission August 21, 2008 Page 7 of 216 C.4 DISCUSSION AND CONSIDERATION OF A TEXTUAL CHANGE TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE V-SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.03 ACCESSORY STRUCTURES AND USES, SUBSECTION “D” LOCATION, TO ALLOW DETACHED ACCESSORY STRUCTURES TO BE BUILT CLOSER THAN TEN (10) FEET TO PRIMARY DWELLING. (ADM-08-029) Commissioner Reed asked if the typographical correction could be part of the motion. Ms. Huggins stated that it could not as advertising of this case was for Subsection “D” only. The typographical error is in a different part of Section 5.03. Vice Chairman Stephens asked if other staff had comments regarding this request. Ms. Huggins reported that the Fire Chief reviewed the changes requested by staff and the Fire Chief supports the changes. The Fire Chief approves of the request that the addition be fire sprinkled if the entire structure exceeds 7,500 sq. ft. Commissioner Ashby asked if the note in Subsection “D” makes it clear that only the addition must be sprinkled rather the entire structure. Commissioner Sheridan pointed out that the wording is “entire accessory structure” must be sprinkled. Commissioner Reed asked if the entire main dwelling and accessory structure would be required to be sprinkled on new construction. Chris King, Building Inspector, stated that the entire structure of any new construction over 6,000 sq. ft. in size must be sprinkled. Commissioner Ashby asked if there is a minimum for the 10-ft. rule. Staff is requesting “less than 10-ft.” but what is the minimum? 5-ft.? 2-ft.? Building Inspector, Chris King, responded that if the structure is as little as 6-inches apart from the main dwelling, it is considered detached. The building code is not going to specify a distance. Commissioner Ashby stated that there is nothing saying that a pergola, cabana, or whatever, couldn’t have a 4-ft. wainscot around it which would prevent a firefighter from running through and around the columns to access that building. “That’s my concern. This change will take accessibility and eliminate it.” Vice Chairman Stephens responded that it hasn’t been eliminated. Commissioner Ashby responded that it has been hampered. Commissioner Sheridan stated that in a massive commercial construction he would agree. But, this is housing. A 20x20 pergola wouldn’t be tough to get around and with this change the structure would be inside the building pad. So he doesn’t feel that a specific distance from the house is necessary. Commissioner Forest, citing the pergola in his backyard as an example of a structure that could easily be gotten around if a fire occurred, agreed with Commissioner Sheridan. Vice Chairman Stephens stated that he sees some limitations for design and space constraints. He stated that the Chief Building Inspector has indicated that we are already constrained by space in most cases on most lots. Commissioner Ashby stated that there are larger lots coming forward with the new development and who is to say that someone won’t come in with a 100x100 pergola. That just multiples the firefighters efforts tenfold. Planning and Zoning Commission August 21, 2008 Page 8 of 216 Commissioner Sheridan asked the Building Inspector if the older parts of Town have percentage of lot coverage outside deed restrictions. Mr. King responded that the older parts of Town do have lot coverage; not all, but most. [Straight zoning such as R-12, R- 10, etc., have 35% lot coverage requirements; other zoning such as R-FV (Fairway Village) (which are 3,000 sq. ft. lots with zero lot lines) and R-TT (Avenue Twenty) do not have a lot coverage requirement.] Mr. King stated that for a lot that is subject to lot coverage, an accessory structure would count toward that lot coverage. If the homeowner wants to pull a permit for an accessory structure, staff looks at the footprint on the site plan and adds the accessory structure to it. If it exceeds the allowed lot coverage, the applicant must shrink it down to the allowed percentage. Commissioner Sheridan asked if this affects commercial property. Mr. King responded that it does not affect commercial property. Commissioner Sheridan asked if there is a defined term for outdoor kitchen, arbors, pergolas, etc. Mr. King responded that there are defined terms. A pergola, for instance, is “an arbor or passageway of columns for growing plants”. Commissioner Sheridan asked if that is from the IRC (International Residential Code) and Mr. King responded that it is from the IRC. Commissioner Sheridan asked if there is a height restriction for pergolas. Mr. King responded that Town regulations do not allow accessory structures to exceed one story in height. Commissioner Sheridan asked how Staff chose 7,500 sq. ft. versus the Fire Code that says 6,000 sq. ft. when the Town is under the Fire Code regulations, and it is Mr. Sheridan’s understanding that when someone alters the building and brings the entire building in excess of 6,000, the whole thing must be sprinkled (retrofitted). Mr. King responded that when the Fire Code states “altered”, it can refer to an addition, repair, or expansion of the main building. Mr. King called neighboring cities, Colleyville, Keller, Southlake, Ft. Worth, and although we are putting in our ordinance that we are considering it to be attached and to be sprinkled, it is not technically attached. It doesn’t share a common roof or attic under roof that defines it as attached. It is still an accessory structure and we wish to stay uniform with the North Central Texas Council of Government cities. Those cities have chosen the 7,500 sq. ft. number for main dwelling and accessory structures and we would like to stay uniform with our neighboring towns and adopt that number. Fire Chief Thomas and Mr. King have discussed retrofitting and concluded that requiring retrofitting would not be practical. Commissioner Ashby asked if that coincides with the National Building Code and National Fire Code. Have we made amendments to our codes to include these requirements? Mr. King responded that amendments are not needed because the Town follows the 2003 International Codes, including Fire Code, and the Town cannot make anything less restrictive than what the Code allows. This change proposed by staff would be in compliance with the 2003 International Codes. Planning and Zoning Commission August 21, 2008 Page 9 of 216 Commissioner Sheridan asked for the addition of “new” to the verbiage in red in Subsection D. He also asked that (at a future meeting) changes be made to Section F. Design Criteria, to include arbors, outdoor kitchens, etc., to bring that section up-to- date. Commissioner Sheridan asked if there is any accessory structure that should not go against the house. Does this open Pandora’s Box to something that we don’t want in Town? Mr. King responded that he doesn’t see footage stipulations from a structural or safety aspect. There isn’t a structural issue. However, staff did put in requirements that if excavating for a pool, which is considered an accessory structure as well, and the design requires digging closer than 6-ft. to the house, the slab must stay intact. Commissioner Ashby asked if that verbiage could be changed to any accessory structure that is excavated for foundation footing that is closer than 6-ft. or less from the main dwelling, must be engineered and stamped by a structural engineer. Mr. King responded that he would agree that is a good idea. Commissioner Sheridan stated that he would like to include in the recommendation to Council that any existing accessory structure that is out of compliance with the current ordinance, but would be in compliance under the revised ordinance, be grandfathered in, permitted or not. Vice Chairman Stephens stated that he would like to remind the Commission members that the Fire Marshall has reviewed this and he is in favor of this change, which addresses life safety issues through his eyes as he is our life safety expert on City staff. Vice Chairman Stephens called for a motion. Commissioner Ashby asked that in the motion his request for “stamped plans by a structural engineer” be changed to “all applicable engineers”. Commissioner Sheridan made a motion recommending approval of this textual change request with the following stipulations: • Add the word “new” to the following sentence in Subsection D: “If the total square feet under roof (including said accessory structures) exceed 7500 sq/ft then the entire new accessory structure must be protected with a sprinkler system. • Add “or any accessory structure” and other changes requested by Commissioner Ashby to the following sentence in Subsection D: “If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal.” • Any existing accessory structure that is out of compliance with the current ordinance, but would be in compliance under the revised ordinance, is grandfathered in, permitted or not. Planning and Zoning Commission August 21, 2008 Page 10 of 216 The motion was seconded by Commissioner Reed. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved C.5 PUBLIC HEARING TO CONSIDER TEXTUAL CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE VII- DEVELOPMENT AND DESIGN STANDARDS, SECTION 7.03 LANDSCAPING REGULATIONS. Staff requests that this item be removed from the agenda. Staff will bring this item back to the Planning and Zoning Commission at a future date, after appropriate notification of Public Hearing. Vice Chairman Stephens noted that there are no residents in attendance wishing to address this item. The Planning & Zoning Commission, by consensus, removed this item from the agenda. D.1 ADJOURNMENT. Vice Chairman Stephens adjourned the meeting at 7:59 p.m. Planning and Zoning Commission August 21, 2008 Page 11 of 216 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008 Subject: Agenda Item No.C.1 Public Hearing, Discussion, and Recommendation regarding Amendment to PD-25 Sign Criteria for Value Place Hotel located at 306 Trophy Branch. HISTORY: On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy Wood Business Center, by adding Sign Criteria for the Value Place Hotel located at 306 Trophy Branch. The sign criteria included approval for four signs: 1. A monument sign structure on the south side of the hotel along State Highway 114. 2. A wall sign on the south wall of the hotel, facing State Highway 114, with an Optec LED Electronic Message Center. 3. A wall sign on the west wall of the hotel. 4. A wall sign on the north wall of the hotel [which was later moved to the east wall of the hotel]. On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested revisions to Value Place Hotel signage, moving the north wall signage to the east wall and adding an Optec LED Electronic Message Center. Staff approval was given and sign permits were issued. In October 2007, the Town Council requested that the Planning and Zoning Commission review staff’s approval of the Value Place Hotel signage changes to determine if appropriate procedures for approval were followed. January 3, 2008: The Planning & Zoning Commission reviewed the east elevation signage, with some members of the Commission concluding that Staff did not have the authority to approve the sign changes; after discussion and review, however, the Commission recommended to the Town Council approval of the east elevation signage. Planning and Zoning Commission August 21, 2008 Page 12 of 216 January 21, 2008: The Town Council denied approval of the east elevation signage for Value Place Hotel finding that staff did not have the authority to approve changes to the hotel signage. February 4, 2008: Quanah Properties, LP (owner of Value Place Hotel) appeals the Town Council denial of the east elevation signage. March 20, 2008: The Planning and Zoning Commission hears the appeal and recommends approval to the Town Council of the east elevation signage with the stipulation that the current levels of illumination of the sign be maintained and an engineer certified written timeline of the current lumens levels and timeframes be provided. April 7, 2008: The Town Council directs the Town Manager to negotiate an agreement with Value Place Hotel regarding signage. AGREEMENT: Regarding the signage, the following agreements were reached: 1. Improvements will be made to the monument sign located at the southwest corner of the property along Highway 114. The improvements will include the addition of stone and paint matching the existing architectural style and color of the Hotel to cover the sign’s pedestal, currently grey in color. The lower three feet (3’) of the pedestal, measured from grade, shall be covered in stone with the remainder of the grey pedestal painted to match the color of the Hotel. 2. The east wall LED sign and the south wall LED sign illumination will be set and maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company. 3. The frequency change of the display on the south wall LED sign and on the east wall LED sign will be set such that the messages on each sign change no more frequently than one (1) time each thirty (30) seconds. 4. Town agrees to take necessary steps to process an amendment to PD No. 25 so that the terms of the PD Ordinance regarding signage shall be consistent with the terms and requirements of this Agreement. STAFF REVIEW: On August 8, 2008, the Building Inspector confirmed the above changes had been made to the monument signage. In addition, random checks of the message changes occurring on the LED signs have shown that the messages do not change more frequently than one (1) time each thirty (30) seconds. The brightness appears to be in compliance with the certification provided by Federal Heath Sign Company. Staff brings forward this request to process an amendment to PD-25 Value Place Hotel signage consistent with the terms of the negotiated agreement. PD-25 Value Place Hotel Sign Criteria to be amended as follows: • Removal of Sign Type “C” from the North Elevation. Planning and Zoning Commission August 21, 2008 Page 13 of 216 • Approval of the changes made to the Monument Sign, adding stone to the lower three feet of the pedestal and painting the remainder to match the hotel. • East elevation signage approved as an LED sign. • Illumination on both the east wall LED sign and on the south wall LED sign to be maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company and attached as part of amended Exhibit 5.6. • South wall LED sign and east wall LED sign messages will change no more frequently than one (1) time each thirty (30) seconds. As Quanah Properties, LP has complied with the terms of the negotiated agreement, Staff recommends that the Planning and Zoning Commission recommend approval to the Town Council of the above outlined amendments to PD-25 Sign Criteria for Value Place Hotel signage. PUBLIC HEARING: Changes to a PD require publication in the local newspaper and notification of any property owners within 200-ft. of the Value Place Hotel. There are two property owners within 200-ft of Value Place Hotel: 1) Larry Stewart, owner of remaining tracts of land in PD-25, and 2) the City of Southlake, both of whom received notification. (ch) Attachments: Ordinance 2006-39 plus Exhibits Memo of Inspection of Monument Sign from Building Inspector Federal Heath Brightness Certification and Schedule Exhibit 5.6, Pages 1 to 7 with Changes per Negotiated Agreement Property Owner Notification; Newspaper Publication Planning and Zoning Commission August 21, 2008 Page 14 of 216 Planning and Zoning Commission August 21, 2008 Page 15 of 216 Planning and Zoning Commission August 21, 2008 Page 16 of 216 Planning and Zoning Commission August 21, 2008 Page 17 of 216 Planning and Zoning Commission August 21, 2008 Page 18 of 216 Planning and Zoning Commission August 21, 2008 Page 19 of 216 Planning and Zoning Commission August 21, 2008 Page 20 of 216 Planning and Zoning Commission August 21, 2008 Page 21 of 216 Planning and Zoning Commission August 21, 2008 Page 22 of 216 Planning and Zoning Commission August 21, 2008 Page 23 of 216 Planning and Zoning Commission August 21, 2008 Page 24 of 216 Planning and Zoning Commission August 21, 2008 Page 25 of 216 Planning and Zoning Commission August 21, 2008 Page 26 of 216 Planning and Zoning Commission August 21, 2008 Page 27 of 216 Planning and Zoning Commission August 21, 2008 Page 28 of 216 Planning and Zoning Commission August 21, 2008 Page 29 of 216 Planning and Zoning Commission August 21, 2008 Page 30 of 216 Planning and Zoning Commission August 21, 2008 Page 31 of 216 Planning and Zoning Commission August 21, 2008 Page 32 of 216 Planning and Zoning Commission August 21, 2008 Page 33 of 216 Planning and Zoning Commission August 21, 2008 Page 34 of 216 Planning and Zoning Commission August 21, 2008 Page 35 of 216 Planning and Zoning Commission August 21, 2008 Page 36 of 216 Planning and Zoning Commission August 21, 2008 Page 37 of 216 Planning and Zoning Commission August 21, 2008 Page 38 of 216 Planning and Zoning Commission August 21, 2008 Page 39 of 216 Planning and Zoning Commission August 21, 2008 Page 40 of 216 Planning and Zoning Commission August 21, 2008 Page 41 of 216 Planning and Zoning Commission August 21, 2008 Page 42 of 216 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: July 29, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, August 21, 2008 TOWN COUNCIL Monday, September 8, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit “D” Site Plans, to allow existing signage on Value Place Hotel. To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Town Council will hear the above items on September 8, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission August 21, 2008 Page 43 of 216 NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, August 21, 2008 TOWN COUNCIL - Monday, September 8, 2008 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 REGARDING: Value Place Hotel Signage, 306 Trophy Branch, Trophy Club, TX LOCATION OF PROPERTY: PD (Planned Development) District No. 25, Trophy Wood (Business) Center, located at the northwest corner of T. W. King County Road and State Highway 114. PURPOSE OF PUBLIC HEARING: To process an amendment to PD-25 Value Place Hotel signage as required by a negotiated agreement. TO SURROUNDING LAND OWNERS: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this property receive written notification of this request. All interested property owners are encouraged to attend this hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins. FOR FURTHER INFORMATION: Please contact Carolyn Huggins, Planning & Zoning Coordinator at 682-831-4681. Planning and Zoning Commission August 21, 2008 Page 44 of 216 Planning and Zoning Commission August 21, 2008 Page 45 of 216 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008 Subject: Agenda Item No.C.2 Public Hearing, Discussion and Recommendation regarding changes to the Town of Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. (ADM- 08-029) PURPOSE: To allow detached accessory structures to be built closer than ten (10) feet to the primary dwelling. STAFF COMMENTS: By current ordinance, accessory structures such as outdoor kitchens, arbors and pergolas can be built closer than ten (10) feet to the house if the accessory structure is attached. If detached, the accessory structure must be at least ten (10) feet away from the primary dwelling structure which then usually places the structure into setbacks and easements. The Building Permit Department is seeing an increase in these types of requests as residents create outdoor living and entertainment centers in backyards. STAFF SUMMARY: After review by the Building Inspector, Fire Marshall, and Town Management, who are charged with maintaining safety and beautification standards, Staff believes it would be beneficial to the Town, builders and homeowners if this requirement were changed to allow accessory structures closer than ten (10) feet from the primary structure. This would allow the structures to be built within the setbacks and outside of the boundaries of easements. For increased safety, Staff has added verbiage in the ordinance asking that these structures be included in the calculation of total square footage under roof, and if the total square footage exceeds 7,500 sq. ft. then the accessory structure be added must be protected with a sprinkler system in it’s entirety. STAFF RECOMMENDATION: Under the current regulations, Staff must deny designs for accessory structures within 10-ft of the primary dwelling. Staff believes that revising this ordinance will allow residents to build outdoor entertainment areas as envisioned by the homeowner, while maintaining life, health, and fire safety standards to the highest level, as well as maintaining build lines, setbacks and easements. Staff recommends Planning and Zoning Commission August 21, 2008 Page 46 of 216 that the Planning and Zoning Commission recommend approval to the Town Council of these changes. Attachments: Redlined Sections of Chapter 13-Zoning Ordinance Public Hearing Notice Planning and Zoning Commission August 21, 2008 Page 47 of 216 Planning and Zoning Commission August 21, 2008 Page 48 of 216 Planning and Zoning Commission August 21, 2008 Page 49 of 216 Planning and Zoning Commission August 21, 2008 Page 50 of 216 Planning and Zoning Commission August 21, 2008 Page 51 of 216 Planning and Zoning Commission August 21, 2008 Page 52 of 216 Planning and Zoning Commission August 21, 2008 Page 53 of 216 Planning and Zoning Commission August 21, 2008 Page 54 of 216 Planning and Zoning Commission August 21, 2008 Page 55 of 216 Planning and Zoning Commission August 21, 2008 Page 56 of 216 Planning and Zoning Commission August 21, 2008 Page 57 of 216 Planning and Zoning Commission August 21, 2008 Page 58 of 216 Planning and Zoning Commission August 21, 2008 Page 59 of 216 Planning and Zoning Commission August 21, 2008 Page 60 of 216 Planning and Zoning Commission August 21, 2008 Page 61 of 216 Planning and Zoning Commission August 21, 2008 Page 62 of 216 Planning and Zoning Commission August 21, 2008 Page 63 of 216 Planning and Zoning Commission August 21, 2008 Page 64 of 216 Planning and Zoning Commission August 21, 2008 Page 65 of 216 Planning and Zoning Commission August 21, 2008 Page 66 of 216 Planning and Zoning Commission August 21, 2008 Page 67 of 216 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: July 29, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, August 21, 2008 TOWN COUNCIL Monday, September 8, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit “D” Site Plans, to allow existing signage on Value Place Hotel. To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Town Council will hear the above items on September 8, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission August 21, 2008 Page 68 of 216 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 8-21-2008 Subject: Agenda Item No.C.3 Review and Comment to Town Council regarding changes to Trophy Club Ordinances as suggested by two (2) Hanna Ct. residents. PURPOSE: To review and comment on suggestions made by two Hanna Ct. residents regarding changes to Trophy Club Ordinances. COUNCIL DIRECTIVE: Several months ago, the Town Council directed Staff to pursue bids for a revision to the Comprehensive Land Use Plan, which would involve reassessment of the future uses of all vacant land. Two bids were obtained, both in the $70,000+ range, which Council determined was not financially feasible at this time. Council then directed review of Hanna Ct. residents’ suggestions by the Planning and Zoning Commission for comment to the Council. Ms. Forgan Suggested Changes: Ms. Forgan suggests limiting the uses of Planned Development No. 25 (PD-25), Trophy Wood Business Center, and PD-26, Trophy Club Physician’s Hospital, to offices, art studio, art supply store, bakery, book store, cards & gifts shop, florist, ice cream shop, sit-down restaurant, shoe repair shop, tailor shop, and travel agency. Ms. Forgan suggests restaurants such as Jason’s Deli, Luby’s Cafeteria and The Bakery Café. Ms. Forgan suggests that a library would be an appropriate use on this property. Ms. Forgan would like to see the retail stores and restaurants surrounded by a fountain area with walking paths, benches, drinking fountains, and trees. Uses Currently Allowed by Ordinance for PD-25: PD-25 was approved by the Town Council on December 2, 2002 (Ordinance No. 2002-41 P&Z), creating nine tracts of land, each tract with designated uses. The attached concept plan shows the division of tracts, and the attached development standards explain the uses that are allowed on each tract. All tracts are currently vacant except Tract 5 where a Value Place Hotel was built in 2007, as allowed by the uses approved by the Town Council on December 2, 2002. Planning and Zoning Commission August 21, 2008 Page 69 of 216 Hotel uses are also allowed on Tracts 7 and 9 (as approved by the Town Council on December 2, 2002) and interest has been shown from hotel entities for both of those sites and Staff expects to have official submittals for hotels for both Tracts 7 and 9 in the near future. Tracts 1, 2, 3 and 4, which are located along State Highway 114 frontage, are designated for “retail” uses, along with Tract 8, which is located at the northeast corner of Trophy Wood Drive and Plaza Drive. The use list for these tracts is attached, as established by Town Council approval On December 2, 2002. Tract 6 is immediately south of Jamie Ct. and is approved for office uses; those uses are noted with an asterisk (*) on the attached use list. Uses Currently Allowed by Ordinance for PD-26: On December 1, 2003, the Town Council approved Ordinance No. 2003-29 P&Z, creating a zoning district for PD-26 as a general hospital use. Both PD-25 and PD-26 are privately owned. Mr. Kaler Suggested Changes: Mr. Kaler suggests four changes to Town building codes and regulations: 1. Noise ordinance, Chapter 8, Article 1, Section 1.01. Mr. Kaler suggests that adopting the attached “Model Municipal Noise Ordinance” will add clarity of specific sound levels as measured against the dba scale. Once adopted, Mr. Kaler suggests amending all PD ordinances to include specific reference to the enhanced ordinance. 2. Adopting a city policy for lighting that references “Illumination Engineering Society of North America” requirements. In addition, Mr. Kaler suggests adopting certain design principles regarding photometrics. 3. Adopt a comprehensive sign ordinance such as used in the City of Frisco, Texas. A copy of Frisco’s sign regulations are attached. 4. Amend the energy code to require either the Energy Star rating or the basic LEED-NC certification from the U.S. Green Building Council as a mandatory minimum requirement for all new commercial construction in the Town. STAFF COMMENT: The Planning and Zoning Commission is asked to review and comment to the Town Council regarding these suggestions. (ch) Attachments: Ms. Forgan Suggestions (4 pages) Mr. Kaler Suggestions (56 pages) Planning and Zoning Commission August 21, 2008 Page 70 of 216 PD-25 Regulations (17 pages) PD-26 Development Standards (8 pages) Chapter 8-Nuisances, Article I, Section 1.01 Comprehensive Land Use Plan (53 pages) Planning and Zoning Commission August 21, 2008 Page 71 of 216 Planning and Zoning Commission August 21, 2008 Page 72 of 216 Planning and Zoning Commission August 21, 2008 Page 73 of 216 Planning and Zoning Commission August 21, 2008 Page 74 of 216 Planning and Zoning Commission August 21, 2008 Page 75 of 216 Planning and Zoning Commission August 21, 2008 Page 76 of 216 Planning and Zoning Commission August 21, 2008 Page 77 of 216 Planning and Zoning Commission August 21, 2008 Page 78 of 216 Planning and Zoning Commission August 21, 2008 Page 79 of 216 Planning and Zoning Commission August 21, 2008 Page 80 of 216 Planning and Zoning Commission August 21, 2008 Page 81 of 216 Planning and Zoning 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