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Agenda Packet P&Z 06/19/2008Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, June 19, 2008 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Review and approve minutes of the June 5, 2008 Planning and Zoning Commission meeting. C.1 Public Hearing, Discussion and Consideration of a Request for a Zoning Change from "R-15" Single Family Residential to "PD-29" Planned Development No. 29 for Churchill Downs Subdivision. Applicants: Todd Price and Michelle Brown, Owners. (ZCA-08-013) C.2 Public Hearing, Discussion and Consideration of a Request 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) D.1 Adjournment. Planning and Zoning Commission June 19, 2008 Page 1 of 31 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-19-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. Planning and Zoning Commission June 19, 2008 Page 2 of 31 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-19-2008 Subject: Agenda Item No.B.1 Review and approve minutes of the June 5, 2008 Planning and Zoning Commission meeting. (ch) Planning and Zoning Commission June 19, 2008 Page 3 of 31 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION JUNE 5, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on June 5, 2008, at 7:00 p.m. in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Ashby Present Commissioner Sheridan Present Commissioner Forest Present Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until applications are accepted in August to fill this position and other positions up for reappointment. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Tom Rutledge Teague, Nall & Perkins Kyle Salzman Jacobs Carter Burgess Jim Wiegert Jacobs Carter Burgess Mehrdad Moayedi Centurion American Steve Lenart Lenart Development Nick Sanders Mayor Brandon Emmons Town Manager Jim Moss City Council A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:01 p.m. with five members present. Mr. Ashby arrived at 7:02 p.m. B.1 REVIEW AND APPROVE MINUTES OF THE APRIL 3, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the April 3, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Planning and Zoning Commission June 19, 2008 Page 4 of 31 Ayes: Hill, Stephens, Reed, Ashby, Sheridan, Forest Nays: None Action: 6-0, Approved C.1 HIGHLANDS NEIGHBORHOOD 2, PHASE 2H. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF HIGH TROPHY DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 5-15, BLOCK X AND LOTS 11-31, BLOCK BB, THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 2, PHASE 2H (11.047 ACRES) LOCATED IN THE 2200 BLOCK ON THE EAST SIDE OF TROPHY CLUB DRIVE (SEE ENCLOSED SITE DEVELOPMENT MAP). (FP-08-026) Chairman Hill announced the case and stated that his examination of the plat found nothing to be questioned. He asked each Commissioner if they had questions. Each stated that they did not. Chairman Hill asked if the Applicant wished to add anything. Mr. Salzman stated that he did not have anything to add. Chairman Hill asked Mr. Rutledge if he had anything to add. Mr. Rutledge stated that the plans were reviewed and the applicant has addressed all comments. Chairman Hill read portions of the staff report and then asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 5-15, Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H (11.047 acres). Commissioner Ashby so moved. Commissioner Sheridan seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sheridan Nays: None Action: 6-0, Approved C.2 WATERS EDGE AT HOGAN’S GLEN, PHASE 2. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF BDMR DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 1-5, BLOCK K, LOTS 1-5, BLOCK L, LOTS 7-42, BLOCK L AND LOTS 1-3 BLOCK M, WATERS EDGE AT HOGAN’S GLEN, PHASE 2 (26.925 ACRES) LOCATED TO THE NORTH OF KATIE LANE AS A CONTINUATION OF HOGAN’S DR. (FP-08-027) Chairman Hill announced the case and asked Mr. Rutledge for any comments. Mr. Rutledge did not have any comments. Planning and Zoning Commission June 19, 2008 Page 5 of 31 Chairman Hill read a portion of the staff report and then asked the Applicant for an opening statement. The Applicant had no comments and the Chairman called for discussion. Mr. Sheridan asked why Block L, Lot 6 is not part of this plat. Jim Wiegert, Jacobs Carter Burgess, stated that Lot 6 was taken out of the plat because part of that land is being negotiated as a land swap with the Beck’s. Mr. Sheridan asked if it will be platted in the future and not left as vacated land. Mr. Wiegert confirmed that it will be platted in the future. Mr. Sheridan also asked why Parkland is not dedicated. Chairman Hill read a portion of the Parkland Dedication Ordinance which requires 1-acre of parkland per 44 dwelling units on a final plat. This plat has 49 total dwelling units (lots). The ordinance states that any parkland of less than 5-acres is impractical and the Town Council can then require cash in lieu of land. Chairman Hill stated that the Planning & Zoning Commission’s responsibility with a final plat is to review the dedication of land as part of the recommendation for acceptance or denial. If the final plat presented proposes fewer than 220 dwelling units (equivalent to 5-acres of parkland), then the Commission shall consider the validity of the final plat and in its recommendation to the Town Council note that parkland is not addressed and the Council should determine cash in lieu of land. Mr. Sheridan asked if that is the ordinance and asked for a copy. Ms. Huggins will send him a copy. Mr. Sheridan indicated that he cannot vote for approval of this final plat until he knows that the parkland requirement is met. He would vote for a postponement until it is resolved as this indicates that the developer is not in full compliance with the ordinances because the staff report states that it is “under discussion”. Town Manager, Brandon Emmons, stated that if the plat is being finalized with less than 220 lots, the ordinance does not allow for dedication of land. The vehicle the Town has to secure parkland dedication is dealt with in the Subdivider’s Agreement. The Town Council will approve the final plat as recommended by the Planning & Zoning Commission and then the Town Council will withhold any permitting for construction of the infrastructure until several different criteria are met that is spelled out in the Subdivider’s Agreement (i.e., bonding, cash in lieu for parkland). Mr. Emmons explained the formulas allowed by ordinance to calculate cash paid for parkland. He gave examples of other subdivisions (Eagles Ridge, Churchill Downs). Mr. Sheridan stated that he understands and doesn’t disagree, but that the applicant has not met the ordinance or paid cash so he cannot support approving the plat at this time. Ms. Huggins stated the Planning & Zoning Commission, in the motion on this case, can require the applicant to add a note on the plat before it goes to Council that xx amount of acreage of parkland is required but that on this particular plat it would not meet the minimum 5-acre parkland requirement and therefore cash in lieu is needed. Mr. Sheridan stated that’s fine, but then the staff report should have stated that the Planning and Zoning Commission June 19, 2008 Page 6 of 31 applicant agrees to pay cash and that the amount will be determined by the Town Council, rather than “under discussion”. Chairman Hill asked for other comments or discussion. Commissioner Reed stated that it seems this is a matter for a higher level than P&Z as there isn’t any land to consider. Mr. Sheridan responded that there has been confusion in the past that impacted the trail system and the parks system, with other developers, not necessarily this developer, and he would like to see it addressed with the final plat rather than at some point in the future. Commissioner Ashby asked for clarification of how many lots were involved in this plat and the requirement for parkland per dwelling units. Chairman Hill explained that the plat is for 49 total lots which would require approximately 1.1 acres of parkland. The Parkland Dedication Ordinance states that less than 5-acres of parkland is impractical and therefore the Town Council can require cash in lieu of land. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 1-5, Block K, Lots 1-5, Block L, Lots 7-42, Block L and Lots 1-3 Block M, Waters Edge at Hogan’s Glen, Phase 2 (26.925 acres) with the notation that the applicant has not met Parkland Dedication and it is passed onto Council for determination. Vice Chairman Stephens so moved. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: Sheridan Action: 5-1, Approved C.3 CANTERBURY HILLS, PHASE 1. CONSIDERATION OF A REQUEST FROM JACOBS CARTER BURGESS ON BEHALF OF BDMR DEVELOPMENT, LLC TO APPROVE A FINAL PLAT OF LOTS 8-22 AND 30-32, BLOCK A, LOTS 2- 19, BLOCK B, LOTS 1-5 AND 10-14, BLOCK C, LOTS 1-18, BLOCK D, LOTS 1-2, BLOCK F, LOTS 1-4, BLOCK H, AND LOTS 1-20, BLOCK J, CANTERBURY HILLS, PHASE 1 (42.434 ACRES) LOCATED TO THE NORTH AND EAST OF WATERS EDGE AT HOGAN’S GLEN, PHASE 2. (FP-08-025) Chairman Hill announced the case and asked Mr. Rutledge for any comments. Mr. Rutledge did not have any comments. Chairman Hill read a portion of the staff report and then stated that he had a question regarding page 45 of the packet, an aerial photo. He stated that Indian Creek drive dead ends and he asked if Street A is the only potential location for development of a road connection across Corps of Engineers land. Mr. Wiegert stated that Sheet 2 of 4 of the plat indicates Street A as dedicated for the access of a loop road. Planning and Zoning Commission June 19, 2008 Page 7 of 31 Mr. Sheridan asked if the connecting of Indian Creek with right-of-way by separate instrument will have to be a plat. Mr. Wiegert stated that it will be by deed. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10-14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1-20, Block J, Canterbury Hills, Phase 1, (42.434 acres), with a notation that the applicant has not met parkland dedication which is passed onto the Council for resolution. Commissioner Reed so moved. Vice Chairman Stephens seconded the motion. Mayor Sanders asked who will maintain the common areas in Canterbury Hills as these are big, long areas adjacent to Indian Creek. Mr. Moayedi stated that an HOA will be created to maintain the common areas. He stated that it might be annexed into another HOA or they may come back and ask to gate the street (Asheville Ln.) as a private community. Jim Wiegert stated that common areas 3 & 4 will probably be dedicated to the golf course as it is beside the golf course and is not right-of-way. Mayor Sanders stated that he is raising this question because there are a lot of little spots around Town that the Town is responsible for maintaining and mowing and he would prefer that these areas be maintained privately so as to not become a Town maintenance issue. The motion had already been stated and seconded so the Chairman called for the vote. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sheridan Nays: Sheridan Action: 5-1, Approved The Mayor asked if Mr. Moayedi could give further information regarding parkland. Mr. Moayedi gave background information regarding an agreement that Centurion had with Beck to provide parkland, which did not occur. D.1 DISCUSSION OF PLANNING AND ZONING COMMISSION MEETING SCHEDULE FOR JULY AND REMAINDER OF 2008 CALENDAR YEAR. The Commissioners agreed to cancel the July 3, 2008, Planning & Zoning Commission meeting due to the July 4 holiday. Chairman Hill will not be present at the July 17 and August 7, 2008 meetings. Commissioner Sheridan is an excused absence for the September 4, 2008 meeting. E.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:47 p.m. Planning and Zoning Commission June 19, 2008 Page 8 of 31 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-19-2008 Subject: Agenda Item No.C.1 Public Hearing, Discussion and Consideration of a Request for a Zoning Change from "R-15" Single Family Residential to "PD-29" Planned Development No. 29 for Churchill Downs Subdivision. Applicants: Todd Price and Michelle Brown, Owners. (ZCA-08-013) OWNERS/DEVELOPERS: Todd Price Southwest Downs L.P. 204 Ellicott Dr. Roanoke, TX 76262 Michelle Brown F&R Adams Luxury Homes, L.L.C. 850 E. SH 114 #100 Southlake, TX 76092 ENGINEER: Robert Schneeberg 660 N. Central Expressway, Suite 250 Plano, TX 75074 REQUESTED ACTION: Rezone Churchill Downs Subdivision from R-15 Single Family Residential to Planned Development No. 29, Single Family Residential PURPOSE: To bring annexed property into zoning conformance SIZE: 12.2643 acres; 35 residential lots SURROUNDING LAND USES: North: PD-27 The Highlands at Trophy Club Neighborhood 7, and Trophy Club Park East: Corps of Engineers Property South: Corps of Engineers Property West: R-15 Single Family Residential Planning and Zoning Commission June 19, 2008 Page 9 of 31 HISTORY: • Churchill Downs annexed into the Town – February 19, 2007 as R-15 Single Family Residential. • Churchill Downs Final Plat approved by Town Council on June 18, 2007. • Of the 35 single family lots, only two conform to R-15 zoning regulations. • Rezoning to a planned development, creating design standards that will apply to each lot, will bring all 35 lots into zoning conformance. ANALYSIS: • Churchill Downs streets will become privately owned by the subdivision’s HOA, but public utilities, including storm sewer, will remain as Town property. • Lot size of 10,000 sq. feet brings all lots into conformance. • Applicants are requesting 45% lot coverage in order to build a minimum 3,000 sq. ft. home on each lot. • Current Setbacks: Front 25 Side Yard 7.5 Side Yard Adjacent to Street 15 Requested Setbacks in PD: Front 20 Side Yard 7 Side Yard Adjacent to Street 10 Rear yard setbacks, lots widths and lot depths to remain the same. • A replat will be presented to the Planning & Zoning Commission on July 17, 2008. RECOMMENDATIONS: Staff recommends approval. Attachments: Zoning Application Zoning Exhibit Planned Development No. 29 Development Standards Notice of Public Hearing Placed in Trophy Club Newspaper June 6, 2008 Property Owner Notification sent to Property Owners within 200-ft. Planning and Zoning Commission June 19, 2008 Page 10 of 31 Planning and Zoning Commission June 19, 2008 Page 11 of 31 Planning and Zoning Commission June 19, 2008 Page 12 of 31 SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT AMENDMENT TO ZONING ORDINANCE NO. 2000-06 P&Z FOR A 12.2643 ACRE TRACT KNOWN AS CHURCHILL DOWNS TROPHY CLUB, DENTON COUNTY, TEXAS Exhibit A – Legal Description Exhibit B – Subdivision Plan Exhibit C – PD Development Standards Planning and Zoning Commission June 19, 2008 Page 13 of 31 EXHIBIT A LEGAL DESCRIPTION CHURCHILL DOWNS BEING a 12.2643 acre tract of land situated in the M. Medlin Survey, Abstract No. 832, Denton County, Texas and being all of that 10.2500 acre tract conveyed to Sheila Jean McLean by deed recorded in Volume 5137, Page 3808, Deed Records, Denton County, Texas and being all of that 2.00 acre tract of land conveyed to Sheila J. Belfiglio by Denton County Clerk's Marriage Document No. 33166, Denton County, Texas; said 12.2643 acre tract being more particularly described by metes and bounds as follows: BEGINNING, at a PK Nail in asphalt set at the northwest corner of said 2.00 acre tract; said point also being the northeast corner of a tract of land conveyed to John A. Coleman, Jr. by deed recorded in Volume 539, Page 24, Deed Records, Denton County, Texas; said point also being on the south right-of-way line of Marshall Creek Road (a public right-of-way); THENCE, North 89 degrees 44 minutes 40 seconds East, with the common line of said 12.2346 acre tract and the south right-of-way line, a distance of 1410.47 feet to a 5/8- inch iron rod with "GSES, INC., RPLS 4804" cap set at the northeast corner of said 12.2346 acre tract; said point also being on the east line of Tract E-405, conveyed to the United States of America (Corps of Engineers); THENCE, with the common line of said 12.2346 acre tract and Tract E-405, the following metes and bounds; South 20 degrees 55 minutes 00 seconds East, leaving the said south right-of-way line of Marshall Creek Road, at a distance of 23.00 feet pass a found Corps of Engineers concrete monument, continuing, in all, a distance of 379.80 feet to a Corps of Engineers concrete monument found at the southeast corner of said 12.2643 acre tract; South 89 degrees 57 minutes 16 seconds West, a distance of 1349.97 feet to a Corps of Engineers concrete monument found for corner; South 55 degrees 20 minutes 12 seconds West, a distance of 238.39 feet to a 5/8- inch iron rod with "GSES, INC., RPLS 4804" cap set at the southwest corner of said 12.2643 acre tract; said point also being the southeast corner of said Coleman tract; THENCE, North 00 degrees 00 minutes 00 seconds West, with the east line of said Coleman tract, a distance of 485.14 feet to the POINT OF BEGINNING; CONTAINING, 534,231 square feet or 12.2643 acre tract of land, more or less. Planning and Zoning Commission June 19, 2008 Page 14 of 31 EXHIBIT B SUBDIVISION PLAN CHURCHILL DOWNS Planning and Zoning Commission June 19, 2008 Page 15 of 31 EXHIBIT C DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL CHURCHILL DOWNS A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet together with allowed incidental and accessory uses, in order to provide a viable and compatible neighborhood for the Town of Trophy Club. Churchill Downs is a private, gated, residential neighborhood near Lake Grapevine, located near the entrance of Trophy Club Park. The existing topography and site lines of the streets are integrated into a unified residential plan. The purpose of the PD Ordinance guidelines is to establish a framework for development which provides for the protection of the project character. Enforcement of the design guidelines will insure the protection of the design intent and will optimize property values. B. USES: In “Churchill Downs” no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principle uses: a. Single Family Detached Dwellings. b. Private Roadways constructed to Town standards. c. Private Utilities. d. Public Utilities, including storm sewer. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in Town of Trophy Club Code of Ordinances, Chapter 13 – Zoning, Article V – Supplementary District Regulations. 3. Limitation of Uses: a. All applicable ordinances of the Town of Trophy Club shall govern any uses allowed unless otherwise expressed herein. b. Any use not expressly permitted, or allowed by permit, or as provided by this district, is prohibited. Planning and Zoning Commission June 19, 2008 Page 16 of 31 C. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of any structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club has been approved by the Town Council and recorded in the official records of Denton County, Texas. D. HEIGHT REGULATIONS: Except as provided by Town of Trophy Club Code of Ordinances, Chapter 13 – Zoning, Article V—Supplementary District Regulations, Section 5.04, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. E. AREA REGULATIONS: The following minimum standards shall be measured from property lines: 1. Lot Size: Lots for any permitted single family use shall have a minimum area of ten thousand (10,000) square feet. 2. Minimum Open Space: All areas not devoted to buildings or paving shall be devoted to turf or landscaping. 3. Maximum Building Coverage: The combined first floor area covered by all principal and accessory buildings or structures shall not exceed forty-five (45%) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. 4. Minimum Living Area Square Footage of a Dwelling Unit: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be at least 3,000 square feet. 5. Depth of Front Yard: 20 feet minimum. 6. Depth of Rear Yard: 20 feet minimum. 7. Width of Side Yard (on each side): 7 feet minimum. 8. Width of Side Yard Adjacent to Side Street: 10 feet minimum. 9. Width of Lot: 80 feet minimum. 10. Depth of Lot: 100 feet minimum. F. GARAGES: 1. Every residence shall have an attached garage which shall have a minimum interior measurement of twenty-one (21) feet (side-to-side) by twenty-two (22) feet (front to back). An attached garage may not face front street unless set Planning and Zoning Commission June 19, 2008 Page 17 of 31 back at least 30 feet from the front building line; may not face side street unless set back 50 feet from the side street right-of-way. 2. A detached garage shall be permitted as an accessory use in a residential district. Said garage shall have a minimum interior dimension of ten and one- half (10-1/2) feet (side to side) by twenty-two (22) feet (front to back) per vehicle space. Any detached garage shall setback at least fifty (50) feet from the front building line of a residential lot. G. CONSTRUCTION REGULATIONS: 1. The exterior surface of all residential dwellings shall be constructed of glass, stucco, stone, rock, brick or similar applications approved by the Town of Trophy Club. It is specifically required that the exterior wall area of each residence located within Churchill Downs will have not less than ninety-five (95%) percent of masonry and stone coverage. 2. Three hundred (300) pound, forty (40) year warranty, composition roofing is the minimum standard of quality for roofing material to be used in the properties. 3. No above ground-level swimming pools shall be installed on any Lot. In- ground swimming pools are allowed in the rear yard only. 4. Time of Completion. The following shall be completed not later than one hundred eighty (180) days following the commencement of construction. For the purposes hereof, the term “commencement of construction” shall be deemed to mean the date on which the building permit is issued by the Town of Trophy Club. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot including landscaping and irrigation and all interior construction (including, but not limited to, all electrical outlets in place and operational, all plumbing fixtures installed and operational, all cabinet work, all interior wall, ceilings, and doors shall be covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or similar floor covering or stained concrete). 5. No projections of any type visible from the street shall be placed or permitted to remain above the roof of any residential building with the exception of chimneys, vent stacks and lightning rods. H. DRIVEWAYS AND WALKWAYS: All driveways and walkways streets shall be constructed of exposed aggregate or stamped and colored concrete or pavestone. Planning and Zoning Commission June 19, 2008 Page 18 of 31 J. FENCES/ WALLS/ RETAINING WALLS: Retaining walls shall be restricted to structurally engineered and designed walls constructed or veneered with masonry to match the residence. a) Front Yard Fencing. Fencing will be allowed to extend from the front building line of a dwelling to the side property lines. All fencing shall be wood material or ornamental iron. b) Side Yard Fencing. Fencing between Lots may be of wrought iron or wood material, provided that such wood fence is a clear grade cedar, has slats six (6) inches wide which are installed vertically, (not horizontally or diagonally) and is no higher that six (6) feet. c) Rear Yard Fencing Facing Trophy Park Dr.: A subdivision wall has been provided as the rear yard fencing for lots along Trophy Park Drive. Parallel fencing is prohibited. d) Perimeter Fencing Facing Corps of Engineers Property. Perimeter fencing facing Corps of Engineers property shall be constructed of wood or ornamental iron no higher than six (6) feet. K. LANDSCAPING: Landscaping and Sprinkler System. Each Lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front, side and rear yards. Each Lot shall be planted with three (3) trees provided; however, any tree used to satisfy this requirement shall contain at least three and one half (3- ½) caliper inches. Caliper inches shall be measured twelve (12) inches above final grade adjacent to the trunk of the tree. L. UTILITIES: All utilities shall be underground. Electric transformers shall be pad mounted and located at front of Lots. M. TRASH RECEPTACLES AND COLLECTION: Each Lot Owner shall make or cause to be made appropriate arrangements with the Town of Trophy Club, Texas, for collection and removal of garbage and trash on a regular basis. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the Town of Trophy Club, Texas, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers approved by the Town of Trophy Club, Texas, and which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his Lot only on those days designated by the Town of Trophy Club, Texas, as trash collection days. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction Planning and Zoning Commission June 19, 2008 Page 19 of 31 of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon during the time of construction, so long as the construction progresses without unreasonable delay until completion of the improvements, after which the materials shall either by removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. N. ANTENNA REGULATIONS: All radio or television aerial wires, towers or antennas must be installed as required by Town of Trophy Club Regulations, Chapter 13 – Zoning, Article V – Supplementary District Regulations, Section 5.10 Wireless Antennas & Antenna Facilities. O. TEMPORARY STRUCTURES AND VEHICLES: No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location, except for a sale, pre-sale or construction trailer; provided, however, that the builder reserves the exclusive right to erect, place and maintain, such facilities upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements of the Properties in compliance with the regulations of the Town of Trophy Club. Such facilities may include, but not necessarily be limited to, a temporary office during the period of and in connection with the construction and sales operations on the Properties, but in no event shall the Builder or Developer have such right for a period in excess of that permitted by the Town of Trophy Club. Any truck, bus, boat, boat trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed, or parked within the garage of the appropriate Owner for not exceeding 48 hours. P. SIGNS: Developer or Builder may erect and maintain a sign in front of the temporary sales office as approved by the Planning & Zoning Commission and Town Council. All other signs are as allowed by Town of Trophy Club Code of Ordinances Sign Regulations, Chapter 5 – General Land Use, Article IV – Sign Regulations. Holiday or patriotic flags may be displayed by Developer, Builder and Owners. Q. EXTERIOR LIGHTING: All exterior lights shall be to the Town of Trophy Club standards. R. PRIVATE STREETS: a) Maintenance Cost: Churchill Downs Homeowner’s Association is responsible for the cost of maintenance of private streets. The Town shall Planning and Zoning Commission June 19, 2008 Page 20 of 31 have no responsibility for and shall not pay for any portion of the cost of maintaining a private street. b) Maintenance Standards: Maintenance, amenities, and landscaping of private streets shall conform to the same standards regulating the maintenance, amenities, and landscaping of public streets. c) Retention of Easements: A utility, drainage, and emergency access easement shall be retained in private streets by the Town and other utility companies: (i) Providing unrestricted use of the property for utilities and their maintenance; (ii) Extending easement rights to all utility providers; (iii) Providing the Town with the right of access for any purpose related to the exercise of a governmental service or function; (iv) Permitting the Town to remove any vehicle or obstacle within the Private street lot that impairs emergency access. d) Town Assumption of Maintenance: The Town shall be the sole judge of whether repairs to a private street are needed. If the Homeowner’s Association, its successors, or assigns, fail or refuse to adequately maintain private streets and related appurtenances, the Town shall have the right, but not the obligation, to assume temporarily the duty of performing the association’s maintenance obligations at any time after the expiration of sixty (60) days after receipt by the association, its successors or assigns of written notice from the Town specifying the nature and extent of the failure to maintain. (i) Upon assuming such maintenance obligations, the Town shall have the right to collect, when they become due, the assessments levied by the Homeowners Association for the purpose of repairing and maintaining the private streets and related appurtenances, and if necessary, the Town shall have the right to enforce the payment of delinquent assessments in the manner set forth in the association’s documents. (ii) The Town shall also have the right to levy an assessment upon each lot on a pro rata basis for the cost of such maintenance, which assessment shall constitute an assessment lien upon the lot against which each assessment is made. (iii) Under no circumstances, shall the Town be liable to the association or any lot owner or their respective heirs, successors or assigns for Planning and Zoning Commission June 19, 2008 Page 21 of 31 negligent acts or omissions relating in any manner to maintaining, improving and preserving the private streets and related appurtenances. e) Access Restrictions: The entrances to all private streets shall be marked with a sign stating that it is a private street. Either a guard house or an access control device such as a gate or cross arm shall provide access to the subdivision by the Town and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide town services, the Town shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. f) Restricted Access Entrance Design Standards: Private streets which have access controlled by a gate, cross arm, or other access control device shall conform to the following requirements. (i) The street must have a minimum uninterrupted pavement width of fifteen (15) feet at the location of the access control device and any deviation in the width from the Town standards shall receive prior approval of the Town’s engineer. (ii) If an overhead barrier is used, it shall have a minimum height above the road surface as required by the Fire Code for fire lanes. (iii) The design of all gates, cross arms and access control devices, including automatic opening and manual backup systems, shall be approved by the Fire Department before installation. S. NON SPECIFIED REGULATIONS: Any regulation not specifically addressed herein shall be in accordance with the current ordinances of the Town of Trophy Club. Planning and Zoning Commission June 19, 2008 Page 22 of 31 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: June 3, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ June 6, 2008 SUBJECT: Churchill Downs Rezoning NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, June 19, 2008 TOWN COUNCIL Monday, July 7, 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, June 19, 2008, to consider a request for zone change for an approximate 12.2643 acres of land known as Churchill Downs, Lots 1-8, Block A and Lots 1-27, Block B; from its current zoning of R-15 – Single Family Residential to PD Planned Development No. 29, Churchill Downs; 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-08-013) The Town Council will hear the above item on July 7, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m. Planning and Zoning Commission June 19, 2008 Page 23 of 31 Planning and Zoning Commission June 19, 2008 Page 24 of 31 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-19-2008 Subject: Agenda Item No.C.2 Public Hearing, Discussion and Consideration of a Request 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) 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. Most homeowners, however, do not want to build a design that is attached to the existing dwelling, but do wish to have the structure closer than 10-ft. to the primary dwelling. The Building Permit Department is seeing an increase in these types of requests as residents create outdoor living and entertainment centers in backyards. Although most plans submitted are professional designs, most must be denied as they are within 10-ft. of the primary dwelling and there is not room on the property to allow revision of the design without substantial change since lot sizes are not big enough to accommodate such structures with ten (10) feet separation and stay in compliance with the build lines and setbacks. STAFF SUMMARY: After review by the building inspector, fire inspector, and town management, who desire to maintain 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. 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 entire accessory structure must be protected with a sprinkler system. STAFF RECOMMENDATION: Staff is turning away beautiful 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 Planning and Zoning Commission June 19, 2008 Page 25 of 31 homeowner, while maintaining life, health, and fire safety standards to the highest level, as well as maintaining build lines, setbacks and easements. Staff recommends approval. Attachments: Redlined Ordinance – Section 5.03, “D” Public Hearing Notice Planning and Zoning Commission June 19, 2008 Page 26 of 31 Chapter 13 – Zoning Article V – Supplementary Design Standards Section 5.03 – “D” Section 5.03 Accessory Structures and Uses An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: A. All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. b. The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling, i. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45’) from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. ii. Cabana, pavilion, gazebo iii. Storage/utility buildings (masonry or wood) iv. Greenhouse (as hobby, not business) v. Home workshop vi. Flag Pole less than twenty feet (20’) vii. Tennis court viii. Basketball court ix. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. c. In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located: i. Behind the front building setback; and Planning and Zoning Commission June 19, 2008 Page 27 of 31 ii. A minimum of twenty feet (20’) from any street right of way; and iii. A minimum of six feet (6’) from rear and side lot lines. d. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed 6 feet in height. B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20’) from any street right-of-way: 1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS Neighborhood Service District: The following uses shall be permitted as accessory uses: a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to a residentially zoned district and not located between the front of the building and any street right-of-way. b. Temporary uses incidental to the primary use, provided the same is properly screened and provided they conform to the standards set forth in Section 5.01, Temporary Uses. 2. Permitted Accessory Structures and Uses in CR-Commercial District: The following structures and uses shall be permitted as accessory structures and uses. a. Cabana, pavilion, gazebo or roofed area b. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. 3. Permitted Accessory Uses in GU-Governmental Use District and in PO- Professional Office District: The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use: a. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. C. Prohibited Structures: The following structures shall be prohibited: 1. Treehouses 2. Metal, vinyl or similar material structures unless otherwise provided herein. 3. Temporary structures on skids D. Location: An accessory structure, with the exception of a flag pole and signs, shall not be located in any front yard, as defined by this Article, and shall be located at least ten (10) feet from any dwelling, building or structure existing or under construction on the same lot or any adjacent lot, except swimming pools, which may be located nearer than the ten (10) feet from any dwelling existing as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. Notwithstanding the foregoing, accessory structures are only allowed if they comply with zoning regulations in the district which they are located. Location: There shall be no accessory structures located in any front yard or side yards, with Planning and Zoning Commission June 19, 2008 Page 28 of 31 the exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7500 sq/ft then the entire accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool is located six (6) feet or closer to the primary dwelling and engineers letter 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. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. E. Garage Requirements: 1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. 2. A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided. 3. Any detached garage shall setback at least forty-five feet (45’) from the front property line of a residential lot. 4. Corner lots may have detached garages facing a side street if they set back a minimum of thirty five feet (35’) from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. F. Design Criteria: All accessory structures shall conform to the following design criteria: 1. The exterior surfaces of all accessory structures shall be consistent with the regulations as specified by the applicable zoning district. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are neither practical nor appropriate are excluded from the masonry requirements, including but not be limited to gym sets, playhouses, and greenhouses. 2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an aluminum material so long as that material resembles wood-like construction and such material has been approved by the Town’s Planning and Zoning Coordinator. (Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) Planning and Zoning Commission June 19, 2008 Page 29 of 31 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: May 23, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: May 30, 2008 SUBJECT: Zoning Amendment NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, June 19, 2008 TOWN COUNCIL Monday, July 7, 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, June 19, 2008, to consider changes to the Comprehensive Zoning Ordinance, amending Chapter 13–Zoning, Article V– Supplementary District Regulations, Section 5.03 Accessory Structures and Uses, Subsection “D” Location, providing for the incorporation of premises, providing a cumulative repealer clause, providing a savings and repealer clause, providing a severability clause, providing a penalty not to exceed the sum of Two Thousand Dollars ($2,000) 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. The Town Council will hear the above item on July 7, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission June 19, 2008 Page 30 of 31 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-19-2008 Subject: Agenda Item No.D.1 Adjournment. Planning and Zoning Commission June 19, 2008 Page 31 of 31