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Minutes P&Z 02/01/2007 MINUTES OF A PUBLIC HEARING & REGULAR SESSION FOR THE TOWN OF TROPHY CLUB TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION 1 FEBRUARY 2007 1 FEBRUARY 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 1 February 2007, at 7:00 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 1 February 2007, at 7:00 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: COMMISSIONERS ATTENDANCE: Chairman Hill present Chairman Hill present Vice Chairman Stephens present Vice Chairman Stephens present Commissioner Ashby present Commissioner Ashby present Commissioner Moss present Commissioner Moss present Commissioner Reed present Commissioner Reed present Commissioner Sheridan present Commissioner Sheridan present Commissioner Stamos excused Commissioner Stamos excused STAFF AND GUESTS PRESENT: STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Kerin C. Fleck Planning & Zoning Coordinator Mickey Thomas Applicant, MJ Thomas Engineering Mickey Thomas Applicant, MJ Thomas Engineering Susan Smith Corgan Architects Susan Smith Corgan Architects Keith Allen Eagle’s Ridge Joint Investors Keith Allen Eagle’s Ridge Joint Investors A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. 7:00pm A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. 7:00pm Chairman Hill called the meeting to order at approximately 7:02 pm, announced a quorum was present and explained the format of the meeting for the benefit of the audience. Chairman Hill called the meeting to order at approximately 7:02 pm, announced a quorum was present and explained the format of the meeting for the benefit of the audience. PUBLIC HEARINGPUBLIC HEARING B.1 PUBLIC HEARING: A REQUEST FOR ZONE CHANGE FOR AN APPROXIMATE 54.86 ACRE TRACT OF LAND CURRENTLY ZONED MH - MANUFACTURED HOUSING AND AN APPROXIMATE 37.8 ACRE TRACT OF LAND CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL, TO PD-28, NORTHWEST HIGH SCHOOL NO. 2, GENERALLY DESCRIBED AS T. CALAWAY SURVEY, ABSTRACT NO. 272; T. KELLY SURVEY, ABSTRACT NO. 704, AND J. HENRY SURVEY, ABSTRACT NO. 529. APPLICANT: MJ THOMAS ENGINEERING, LLC., AUTHORIZED AGENT OF NORTHWEST ISD (ZCA-07- 012) Mr. Thomas addressed the Commission and gave a brief summary of the proposed zone Change. The district is seeking to rezone the property to a PD. The zoning follows the NS zoning regulations the Town currently uses, with some slight modifications to things such as height, fencing materials, parking requirements, etc. The building height is proposed to be a maximum of 85’. The general use of the site is a High School, with sports fields. There will be a football field, a competition baseball field and a competition softball field. Lights will be on in the evening for practice and game play. The planter islands have been reduced from twelve feet (12’) to twenty-four feet (24’). The district is trying to maximize the space to provide as much parking as possible. Black coated vinyl chain link fencing is proposed around the ball fields. B.2 PUBLIC HEARING: AN AMENDMENT TO THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, CHAPTER 13, ENTITLED "ZONING", ARTICLE VIII, ENTITLED "DEVELOPMENT & DESIGN STANDARDS", SECTION D, ENTITLED "MATERIALS", AND SECTION L, ENTITLED "MAINTENANCE AND REPAIR OF NON-LIVING MATERIAL", TO PROVIDE REGULATIONS REGARDING FENCING MATERIALS AND MAINTENANCE. (ADM-07-027) Ms. Gregory addressed the Commission. The changes to the Ordinance are two-fold. The first is the addition of language to prevent property owners from affixing sharp objects to fences that would injure emergency response personnel. This addition was requested by the police department because we have knowledge of at least one individual that has driven nails into the top of his wooden fence and cut off the heads of the nails in an effort to injure anyone trying to come over the fence. This is a serious concern to our public safety professionals. In the event that a property owner has a valid need for security fencing, the ordinance contains Special Exception language that allows the Zoning Board of Adjustment “power to grant a Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance.” The second change is the addition of language that was included in the previous ordinance, but inadvertently removed during the last revision. Without this language, staff has no way of enforcing maintenance issues with fences. In fact, we currently have complaints on six fences that we cannot address without these changes. The language included is exactly what was in the previous ordinances. Related to these changes, the Commission expressed concern at the last meeting regarding the amount of power granted to a Code Enforcement Officer. As a point of clarification, the Code Enforcement officer only has the ability to issue a citation. The municipal judge makes a determination as to the validity of the complaint. The judge has the ability to uphold, reduce the citation fee or dismiss the citation completely as he sees fit. This provides the checks and balances required to prevent an officer from issuing unwarranted citations. In practice very few citations are issued. They are simply a tool used to achieve compliance and in most instances the issue is resolved without the need for a citation. Additionally, there was concern expressed regarding the 10 day timeframe for enforcement. This timeframe is not uncommon among other cities because a seriously damaged fence needs to be addressed quickly to prevent injury or potential property damage. For example, if a property owner refuses to comply and a citation is issued, it could be a month or two before it ever reaches the courts and we are able to gain compliance. The Town routinely allows longer periods of time if there are extenuating circumstances or if the repairs could not be completed within the allotted time period, provided that the property owner is at least making an effort. With the system as it is now, a code enforcement officer would not be inclined to write a ticket where work was underway or at least being attempted because the judge would dismiss the charges. Chairman Hill closed the Public Hearing and opened the Regular Session. REGULAR SESSION C.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR ZONE CHANGE FOR AN APPROXIMATE 54.86 ACRE TRACT OF LAND CURRENTLY ZONED MH - MANUFACTURED HOUSING AND AN APPROXIMATE 37.8 ACRE TRACT OF LAND CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL, TO PD-28, NORTHWEST HIGH SCHOOL NO. 2, GENERALLY DESCRIBED AS T. CALAWAY SURVEY, ABSTRACT NO. 272; T. KELLY SURVEY, ABSTRACT NO. 704, AND J. HENRY SURVEY, ABSTRACT NO. 529. APPLICANT: MJ THOMAS ENGINEERING, LLC., AUTHORIZED AGENT OF NORTHWEST ISD (ZCA-07-012) Mr. Thomas addressed the Commission. With the site at approximately 92.7 acres, the district is trying to maximize usage of the land. The parking lot is configured to provide the district with the amount of parking it will need for a High School of this size. Vice Chairman Stephens inquired about the number of spaces. Mr. Thomas stated there will be 800 parking spaces at a 1/3 ratio for a 2,400 student school. Vice Chairman Stephens asked how many spaces would be lost if they conformed to the Town’s planter island requirement. Mr. Thomas stated they would lose approximately 30-40 spaces. Commissioner Reed stated he would like to see the shrubs to be installed at a minimum height of three feet (3’) instead of the proposed two feet (2’). Commissioner Sheridan noted the site was being rezoned from MH zoning and asked if the Town needed to rezone land to allow for this type of zoning district. Ms. Fleck said no, the Town would not need to rezone any land to provide MH zoning. A motion was made to recommend approval of the request for Zone Change. Motion: Stephens Second: Ashby Ayes: Hill, Stephens, Ashby, Moss, Reed Nays: Sheridan Action: Approved, 5-1 Motion carried. This item will be forwarded to the Town Council at their 5 March 2007 meeting. C.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN AMENDMENT TO THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, CHAPTER 13, ENTITLED "ZONING", ARTICLE VIII, ENTITLED "DEVELOPMENT & DESIGN STANDARDS", SECTION D, ENTITLED "MATERIALS", AND SECTION L, ENTITLED "MAINTENANCE AND REPAIR OF NON-LIVING MATERIAL", TO PROVIDE REGULATIONS REGARDING FENCING MATERIALS AND MAINTENANCE. (ADM-07-027) Ms. Gregory showed pictures of fences throughout the Town that are in a state of dilapidation and/or disrepair, as well as a fence with nails protruding from the top of the fence. The Commission discussed the pictures. A motion was made to recommend approval of the proposed amendment. Motion: Ashby Second: Moss Ayes: Hill, Stephens, Ashby, Moss, Reed, Sheridan Action: 6-0 Motion carried. This item will be forwarded to the Town Council at their 5 March 2007 meeting. C.3 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR PLAT AMENDMENT FOR EAGLES RIDGE PHASE II, LOCATED GENERALLY TO THE NORTH OF CLEAR VISTA DRIVE AND PANORAMA CIRCLE. APPLICANT: EAGLES RIDGE INVESTORS JOINT VENTURE (AP-07-015) Ms. Fleck addressed the Commission and gave a brief summary of the proposed amendments to the Plat. The applicant, Mr. Keith Allen added that the easement revisions were a result of easement location changes/additions by TXU. A motion was made to approve the Amended Plat for Eagles Ridge, Phase II. Motion: Reed Second: Stephens Ayes: Hill, Stephens, Ashby, Moss, Reed, Sheridan Action: 6-0 Motion carried. D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 7:39pm.