Agenda Packet P&Z 03/20/2008Town of Trophy Club
Planning & Zoning Commission Regular Session Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, March 20, 2008
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Review and approve minutes of the February 21, 2008 Planning and Zoning
Commission meeting.
C.1 Discuss and Take Appropriate Action on Appeal of Value Place Hotel East
Elevation Signage.
C.2 Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office. Applicant: Jacobs Carter Burgess on behalf of
Centurion American.
D.1 Adjournment.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-20-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-20-2008
Subject: Agenda Item No.B.1
Review and approve minutes of the February 21, 2008 Planning and Zoning
Commission meeting.
(ch)
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MINUTES OF A REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
FEBRUARY 21, 2008
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Regular Session on February 21, 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 Sanchez Present
Commissioner Forest Present
STAFF AND GUESTS PRESENT:
Carolyn Huggins Planning & Zoning Coordinator
Larry Stewart Owner, PD-25 Property
Brian Dench Pate Engineers
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:00 p.m. with seven members present.
B.1 REVIEW AND APPROVE MINUTES.
a. January 3, 2008.
b. February 15, 2007.
c. March 1, 2007.
Vice Chairman Stephens motioned to approve the minutes of the January 3, 2008,
Planning & Zoning Commission meeting. The motion was seconded by Commissioner
Sheridan.
Ayes: Hill, Stephens, Reed, Forest, Sheridan
Nays: None
Abstain: Ashby and Sanchez, who were absent January 3, 2008.
Action: 5-0-2, Approved
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Vice Chairman Stephens motioned to approve the minutes of the February 15, 2007,
Planning & Zoning Commission meeting. The motion was seconded by Commissioner
Sheridan.
Ayes: Hill, Ashby, Reed, Sheridan
Nays: None
Abstain: Stephens, who was absent February 15, 2007 and Sanchez and Forest, who
were not yet members of this Board on February 15, 2007.
Action: 4-0-3, Approved
Vice Chairman Stephens motioned to approve the minutes of the March 1, 2007,
Planning & Zoning Commission meeting. The motion was seconded by Commissioner
Reed.
Ayes: Hill, Stephens, Reed, Sheridan
Nays: None
Abstain: Ashby, who was absent March 1, 2007 and Sanchez and Forest, who were
not yet members of this Board on March 1, 2007.
Action: 4-0-3, Approved
C.1 DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST FOR
A TEMPORARY USE COMMUNITY GARAGE SALE PERMIT GRANTED BY
SPECIAL PRIVILEGE. (APPLICANT: TROPHY CLUB WOMEN’S CLUB).
Commissioner Reed made a motion recommending that the Town Council approve the
request for a temporary use Community Garage Sale Permit for April 19, 2008 and
October 4, 2008. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Action: 7-0, Approved
C.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST
FOR REPLAT OF LOT 3, BLOCK A, TROPHY WOOD BUSINESS CENTER.
APPLICANT: HIGHWAY 114 PROSPECT, LTD (RP-08-013).
Chairman Hill gave opening remarks, reviewed the staff report and explained to the
residents present what a plat is and how plat approval takes place:
Due to the nature of the questions and concerns recently expressed by numerous
residents relative to this application for replat of Lot 3, Block A, Trophy Wood Business
Center, it appears that some residents have some confusion about the platting process.
• What is a Plat?
o A “plat” is a document filed at the County Courthouse that outlines the
boundaries (the legal description) of a piece of property. Tracts 6 & 7 are
currently platted as one lot, rather than two lots. The plat must match the
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• Why were residents within 200 feet not notified of the Replat request of Lot 3,
Block A, Trophy Wood Business Center?
o Residential replats require publication in the town newspaper and written
notice to the owners of property in the original subdivision. Those steps
are not required for commercial replats.
• Does a Replat mean that the dimensions are being changed?
o PD-25 lists the size of Tract 6 as approximately 1.0 acres of land. Tract 7
is listed as approximately 1.8 acres of land.
o The replat presented by the applicant shows Tract 6 as 0.938 acres and
Tract 7 as 2.024 acres. The total acreage for the two tracts is unchanged
at 2.962 acres. Those acreages are close enough to fall within acceptable
planning practices.
• Does a Replat mean that the current zoning or uses of Lot 3R2 will be changed?
o No. Zoning requests involve changing the “use” of a property whereas
“platting” a property does not change or alter the “use”. To “plat” means
that a written document is created showing the boundaries of the property
for the purpose of filing a permanent record of that property at the County
Courthouse. The plat is created by a registered public surveyor
(Registered Professional Land Surveyor for the State of Texas) who takes
an actual survey on the ground of the lot corners, angles and points of
curve and notes those on the “plat” document that must be reviewed by
the Planning & Zoning Commission and approved by the Town Council.
The plat is then filed in Denton County as a permanent legal description of
that property.
Chairman Hill asked the applicant to explain the purpose of the replat. Brian Dench,
Engineer for the project, explained that the purpose of the replat is to add an interior lot
line to create two lots.
Chairman Hill then continued with his introduction: As to the actions that the Planning
and Zoning Commission may take this evening, we must consider the developer’s
application and base our recommendation to the Town Council on laws of the State of
Texas. Plat approval is regulated by Chapter 212 of the Texas Local Government
Code. Specifically, §212.005 states that the municipal authority responsible for
approving a plat must approve a plat or replat that satisfies all applicable regulations.”
The applicable regulations for review by the Planning and Zoning Commission and
Town Council are found in the Town's Subdivision Regulations. Section 3.05 of the
Town's Subdivision Regulations provide the following criteria for plat approval:
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"A. The Town shall approve a plat if it conforms to:
1. The general plan, rules and ordinances of the Town and its current and
future streets, alleys, parks, playgrounds, and public utility facilities;
2. The general plan, rules and ordinances for the extension of the Town
and its roads, streets, and public highways within the Town and in its
extraterritorial jurisdiction, taking into account access to the extension of sewer
and water mains and the instrumentalities of public utilities:
3. All requirements of the Town's Subdivision Regulations and all rules
adopted pursuant to those Regulations of the Town's Zoning Ordinance.
4. An approved preliminary plat.
If the Commission finds tonight that the requirements of the Town's Subdivision
Regulations applicable to the pending replat application have been met, then the
P&Z must approve the replat and does not have the discretion to deny the
pending replat. If the P&Z determines that compliance with one or more of the
applicable regulations have not been attained, then the Commission will need to
specifically identify those subdivision regulations for which there is a deficiency
so that the applicant can remedy that deficiency.
To the extent that some of the residents attending this meeting may believe that
a denial of the replat is a means to affect the use for which the property has
already been zoned pursuant to PD No. 25, it should be clear that the scope of
the Commission's authority and the Commission's discretion relative to the
proposed replat is limited. If the replat failed to meet the requirements of the
Town's subdivision regulations, and the replat were to be denied, that denial
would affect only the platting of the property and the hotel use for which the
property is currently zoned would continue to exist.
Chairman Hill called on the Commissioners for comments and questions.
Vice Chairman Stephens stated that his assumption is that this request, having been
reviewed by the Town Engineer and the Planning & Zoning Coordinator, does comply
with the ordinances and regulations and therefore he has no questions.
Commissioner Reed stated that he has no questions as this corrects what exists
already in the PD.
Commissioner Ashby is concerned about the usage of the lot that will be less than one
acre.
Commissioner Forest and Sanchez did not have any questions or comments.
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Commissioner Sheridan also has a concern regarding the use of the less than one acre
lot. He would like to see an internal building line on the plat. Regarding the 30-ft. buffer
easement, he noted that the PD uses the word “yard” rather than “buffer”. He would like
to see that changed as he wishes to only see green space in the 30-ft. buffer. His
biggest concern is that Lot 3R2 (Tract 6) doesn’t have enough room for a building along
with a fire lane, dumpster, cars, etc. He stated that why he will vote against this is that
Tract 3R2 per zoning is supposed to be one acre and the applicant is bringing forward a
replat with a 6% change in the size of the tract to .938 acres which puts the property line
approximately 8-ft. over in compliance with the zoning ordinance. He feels that is
substantial.
Larry Stewart, Developer, showed a concept plan of a one-story building for Tract 3R2.
He stated that when PD-25 was originally approved they didn’t have a crystal ball to
know exactly where the lot line needed to be. They put in “approximately” to designate
acreage rather than binding it to a specific amount.
Commissioner Sheridan replied that approximately is a subjective viewpoint and he
feels that 6% or 8-ft. is more than “approximately”.
Mr. Stewart responded that from a design standpoint 8-ft. isn’t much of a difference. He
stated that they are trying for a “highest and best use” and an office pad will be placed
on Tract 6, 4,500 to 5,000 sq. ft., possibly a medical person or possibly just a general
office, but that tract was designated as office from the get-go.
Commissioner Sheridan stated that he likes that there isn’t any concrete on the buffer
zone.
Mr. Stewart stated that he has the same point of view about “yard”. He contemplates
something green with grass in it; it will be a landscaped area.
Chairman Hill stated that in his opinion their lot sizes are a good approximation of the
values in the PD.
Commissioner Reed made a motion to recommend approval of the replat of Lot 3R1 &
3R2, Block A, Trophy Wood Business Center. The motion was seconded by Vice
Chairman Stephens.
Ayes: Hill, Stephens, Reed, Forest, Sanchez
Nays: Sheridan, Ashby
Action: 5-2, Approved
D.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at 7:38 p.m.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-20-2008
Subject: Agenda Item No.C.1
Discuss and Take Appropriate Action on Appeal of Value Place Hotel East
Elevation Signage.
SUMMARY: 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. 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 east wall of the hotel.
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested a
revision to the rear elevation signage (east wall). This change was administratively
approved by Staff.
In October 2007, the Town Council requested that the Planning and Zoning
Commission review the east elevation signage and recommend to the Town Council
approval or denial.
On January 3, 2008, the Planning and Zoning Commission reviewed the signage and by
a vote of 4-1 recommended approval to the Town Council.
On January 21, 2008, the Town Council voted to deny approval of the east elevation
signage at Value Place Hotel, 306 Trophy Branch.
On January 24, 2008, a letter was sent to the owner of the hotel, Quanah Properties, LP
requesting removal of the east elevation signage within 15 business days of receipt of
the letter.
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On February 4, 2008, a letter was received from Arthur Selander, Attorney, on behalf of
Quanah Properties, LP requesting an appeal of the decision that the sign must be
removed.
Mr. Selander and Quanah representatives, David Johnston and Roger Unger, will
present an appeal to the Planning & Zoning Commission on March 20, 2008.
Attachments: Aerial of Site Provided by Applicant
January 24, 2008 Letter to Quanah Properties, LP
February 4, 2008 Letter from Quanah Properties, LP Requesting Appeal
Excerpt from January 3, 2008 Planning & Zoning Commission Meeting
Sign Criteria Approved by Town Council on October 2, 2006
Rear Elevation Sign Revision Approved by Staff on February 26, 2007
Ordinance No. 2006-39 (Town Council’s approval of signage in October
2006)
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EXCERPT FROM JANUARY 3, 2008
PLANNING AND ZONING COMMISSION MEETING
E.1 PUBLIC HEARING TO REVIEW VALUE PLACE HOTEL EAST ELEVATION
SIGNAGE.
Commissioner Reed motioned to open the public hearing. The motion was seconded
by Vice Chairman Stephens and approved by all members present.
Mark Collins, 13 Jamie Ct., thanked the Commissioners for the opportunity to speak to
them and stated that he is glad they are considering the signage that the Value Place
Hotel has. He stated that he moved to Trophy Club about two and a half years ago. He
hired a single person from Ohio, who asked him about buying a home in Trophy Club;
he told her it is a real nice community. She ended up buying a house in Trophy Club
last January and the other day when they were talking about some of the issues going
on with the development plans for the area near Value Place she said that if she had
driven up here and seen Value Place she would not have bought a house in this
community. Mr. Collins stated that the signage they have now looks more like Las
Vegas than what is on the website for the Town, which is a nice residential lake
community. Mr. Collins stated that if there is anything that can be done about this, he
appreciates the Commission’s effort in working in that direction.
There were no others speakers and the Chairman called for a motion to close the public
hearing.
Commissioner Reed made a motion to close the Public Hearing. The motion was
seconded by Vice Chairman Stephens and approved by all members present.
The Chairman moved to Item F.1 for discussion and consideration of this matter.
F.1 DISCUSS AND TAKE APPROPRIATE ACTION ON REVIEW OF VALUE
PLACE HOTEL EAST ELEVATION SIGNAGE.
Chairman Hill stated the following: “Before the Commission further considers the
agenda item before us, I want to provide some basic points of information to guide our
discussion:
• Development of the Value Place Hotel took place under criteria set forth in
Planned Development Ordinance 2006-39, approved by the Town Council
October 2, 2006.
• The property is currently in full compliance with PD 2006-39.
• Copies of the sign criteria that were attached to the original PD Ordinance 2006-
39 were included in the P&Z packet for tonight’s meeting.
• As the Public Hearing agenda item was specific to the Town Council’s request to
review the east elevation signage of the Value Place Hotel, the Commission can
Planning & Zoning Commission March 20, 2008 Page 14 of 37
consider only this sign at this time. No other parts of PD 2006-39 are to be
discussed in this meeting.
The question is, ‘Should the sign be allowed under the present circumstances.’”
Chairman Hill asked the Commissioners for discussion and comment.
Commissioner Reed: “I don’t understand all the fuss about this. We have electronic
signs for the Town. I don’t see anything wrong with an electronic sign for a business
establishment. The two signs they have face Highway 114. The only people who see
them are the people who go up and down the highway. That is exactly the people that
the hotel is trying to get the word to that they have a place for people to stay on a long
term basis. Value Place is a reputable firm. They have hotels like this all around the
country. They serve a very special purpose for people here for conferences; to visit sick
family members in the hospital; instead of going out and paying $100 a night for a hotel
this is a perfect thing for people in that situation. Maybe some of you like to stay in a
$100 hotel all the time, but some people can’t do that. I see nothing wrong with the sign
whatsoever. I see nothing wrong with the hotel. If it were next to somebody’s house
with a flashing sign that flashed in your bedroom, I could understand it, but nobody any
place in town can see it unless they are out on the highway. I strongly recommend; I
am in favor of leaving it just the way it is. They are in full compliance. All of these
things were approved by the Town and I see no reason that we should change it now.”
Vice Chairman Stephens: “Chairman Hill, I think it is a little late to be discussing this.
They met our Town ordinances and they have a right to put signs up and seek
business. I don’t have a problem with it. That’s commercial property. It is one of the 86
uses allowed on that property. They built it according to our Town codes. They signed
it according to our Town ordinances. I don’t have a problem with it at this point, nor did I
have a problem with it when they made application.”
Commissioner Sheridan: “The sign in question does not meet the ordinance so the idea
that it is in complete compliance with the ordinance I don’t think is quite there, because
this sign in question was not part of the original approved signage for this PD. I’ve been
trying to figure out if I would have approved it back then. I think I would have. I don’t
like to think that [that I would have approved it] because I don’t like the sign, but at the
same time I think that I probably would not have objected to it at the time. The fact is,
though, that the sign is not in compliance with the PD. It is an improper sign.”
Commissioner Forest: “I was under the impression that it was approved; that it is in
compliance with the ordinance. In fact, I wondered why it was even brought up because
if it is in compliance how are we going to turn it down or even object to it anyway. If
they met the Town ordinance on it, to me it is not necessary to even bring it up. There
isn’t anything we can do about it anyway. It is not up to us. It is a recommendation to
start with to the Town Council, but if it is in compliance I can’t see that it makes any
difference. If it isn’t in compliance then that is a different issue.”
Planning & Zoning Commission March 20, 2008 Page 15 of 37
Commissioner Sheridan: “That begs the question, is it or isn’t it in compliance with the
ordinance.”
Chairman Hill: “The sign was installed with a sign permit from the Town which was
issued after February 26, 2007, and they installed the sign on the basis of having a
permit from the Town which, in fact, said that it was in compliance. That is where we
stand.”
Chairman Hill asked for further discussion or a motion.
Commissioner Reed made a motion recommending that the Town Council approve the
signs as they exist now. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Forest
Nays: Sheridan
Action: 4-1, Approved
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-20-2008
Subject: Agenda Item No.C.2
Discuss and Take Appropriate Action on a Request for Approval of a Temporary
Use for a Real Estate Office. Applicant: Jacobs Carter Burgess on behalf of
Centurion American.
Town of Trophy Club Zoning Ordinance regulations require that Real Estate offices,
located in trailer or manufactured housing, may be permitted for a period of time by the
Town Council, after recommendation by the Planning and Zoning Commission.
Centurion American wishes to place a temporary Real Estate Office on property owned
by Trophy Club Country Club (dba ClubCorp Golf of Texas). The property is located
just west of the intersection of Trophy Club Drive and Trophy Lake Drive. A site plan is
attached showing the location of the Real Estate Office and proposed parking.
Attached are size details and elevations of the building as provided by the applicant.
The maximum structure height is 15-ft. Sanitary sewer is to be self-contained on-site;
domestic water service is to be provided. Placement of this building and parking will not
displace any trees.
A copy of the lease agreement between Centurion American and ClubCorp Golf of
Texas is requested to be provided to the Town for forwarding to the Commissioners
prior to the March 20, 2008 P&Z meeting.
The Planning and Zoning Commission can recommend to the Town Council approval or
denial of a six (6) month temporary use permit. This request is tentatively scheduled to
be heard by the Town Council on April 7, 2008.
(ch)
Attachments: Application
Site Plan
Variable Unit Complex Plans (7 pages)
Section 5.01 Temporary Uses regulations from Article V, Chapter 13 of the
Town of Trophy Club Zoning Ordinance
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-20-2008
Subject: Agenda Item No.D.1
Adjournment.
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