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Minutes P&Z 04/03/2008 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION APRIL 3, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on April 3, 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 Todd Webb K. Hovnanian Homes-DFW, LLC Michelle Brown Sales, F&R Adams Luxury Homes Kyle Salzman Jacobs Carter Burgess Alvin Jackson Director of Marketing/Sales, Centurion American 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 OF THE MARCH 20, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the March 20, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Ashby, Sheridan, Sanchez, Forest Nays: None Action: 7-0, Approved Planning & Zoning Commission Page 1 of 10 April 3, 2008 Minutes C.1 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR OFF STREET PARKING FOR MODEL HOMES IN PLANNED DEVELOPMENT NO. 27, NEIGHBORHOOD 3, PHASE 1A, FOR A PERIOD OF TIME OF NOT GREATER THAN ONE YEAR. APPLICANT: K. HOVNANIAN HOMES – DFW, LLC Chairman Hill announced the case and asked the applicant to come forward. Todd Webb, Community Manager, K. Hovnanian Homes, stated that they are making application for an off-site parking lot which will be located between the two models homes of K. Hovnanian and Standard Pacific. Their site map shows the proposed parking and landscaping per City requirements. Chairman Hill reviewed the request and asked if the Commissioners had any questions or discussions. Commissioners Reed and Ashby had concerns regarding the number of handicap-accessible spots. Ms. Huggins stated that 20% is a guideline, not a requirement. Commissioner Reed stated that it seems like it is always hard to find handicap parking places; he hopes that these will be close to the door. Commissioner Sheridan asked if the Landscaping Regulations require a sprinkler system. Ms. Huggins stated that the regulations do not require irrigation for a temporary use. After further discussion with the Commissioners, the applicant agreed to irrigate the landscaping around the temporary use parking lot. Commissioner Sheridan asked the applicant if the Town requirements on landscaping were clear to them and easy to create a submission. Mr. Webb stated that they learned along the way. Commissioner Sheridan said that indicates that the Town needs to clarify some of its requirements. Mr. Webb stated that it is their understanding that the shrubs need to be 2-ft. minimum height at time of planting, the trees must be minimum 3-caliper inches and of an approved species, of which Live Oak is one of those. He stated that they hope the Town will find that they will far exceed the requirements as they have a lot invested in this project and want it to be very nice. Commissioner Sheridan stated that he is trying to see if the Town is giving out enough information to get to the Planning & Zoning Commission and Town Council in a proper, easy manner. He stated that it sounds like they were clear from Mr. Webb’s statements. Chairman Hill suggested the following motion: The Planning and Zoning Commission, having determined that the request of applicant K. Hovnanian Homes-DFW, LLC, for Approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 3, Phase 1A, for a period of time not greater than One Year is in compliance with Town of Trophy Club regulations relevant to a temporary off-street parking lot and the Town’s landscaping requirements thereon, recommends that the Town Council approve the applicant’s off-street parking lot request for a one year period, providing annual renewal options as allowed in Town Regulations. Planning & Zoning Commission Page 2 of 10 April 3, 2008 Minutes Vice Chairman Stephens so moved and Commissioner Ashby seconded the above motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved C.2 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR A REAL ESTATE OFFICE (LOCATED IN A TRAILER OR MANUFACTURED HOUSING), CHURCHILL DOWNS SUBDIVISION, FOR A PERIOD OF TIME NOT TO EXCEED SIX (6) MONTHS. APPLICANT: F&R ADAMS LUXURY HOMES. Chairman Hill announced the case and asked the applicant to come forward. Michelle Brown, Vice President, F&R Adams Luxury Home, stated that they are requesting permission to use their construction trailer also as a sales trailer to avoid placing two trailers in the subdivision as their project is small. They are building custom homes so they will not have models. The construction supervisor will occupy one of the offices in the trailer and the remainder of the trailer will be for sales. Chairman Hill read the staff report and asked the Commissioners for questions or discussions. Commissioner Ashby had concerns regarding on-street parking. He asked for the daily full- time occupancy load of the trailer. Ms. Brown stated that there would be two people – the superintendent of construction and the sales person on staff for that day. Commissioner Ashby stated that two things concern him regarding parking along the street -- there isn’t a designated handicapped parking spot and there isn’t a handicap ramp to get from the street to the sidewalk. Ms. Brown stated that they have a handicap ramp from the trailer to the sidewalk and the sidewalk will be wider to accommodate a wheelchair. Mr. Ashby asked if the sidewalk will be a minimum of 5-ft. Ms. Brown stated that it would be. Mr. Ashby stated that he feels there should be a designated handicap parking spot with clear handicap accessibility from the street surface to the sidewalk leading to the trailer. He prefers that they have on-site parking rather than street parking. He isn’t opposed to their request for street parking, but he believes it could create a traffic problem as it is across from a t-bone intersection and he doesn’t see handicap accessibility. After further discussion with the Commissioners, the applicant agreed to a curb cut for handicap accessibility. Vice Chairman Stephens stated that he doesn’t anticipate much traffic for 35 lots. He suggested they make a handicap designated space in front of the flag poles. Commissioner Sheridan stated that he has been in sales scenarios like this in the past and he does not anticipate heavy traffic for this 35-lot subdivision with homes in a price range that will draw more realtor traffic than the weekend sign type traffic. Most parking will occur when they have a realtor party. As far as having parking in front of the trailer in front of the t-bone, that is a short stretch of road and shouldn’t present problems for parking. The street is either 24-ft. or 27-ft. back-to-back which allows room to maneuver in a slow traffic type area. He would not wish to see any parking designation on the street, but it would be logical to have an ADA ramp Planning & Zoning Commission Page 3 of 10 April 3, 2008 Minutes in front in conjunction with the walkway up to the trailer. He asked if the ramps have been installed. Ms. Brown responded that they have installed the ramp from the walkway to the trailer, but not at the curb. Commissioner Sheridan stated that as they install sidewalks they will have ADA ramps on both corners so he suggested placing the ramp in the center so that in the future when the trailer is gone the ramp would flare out both ways to the sidewalk, being natural to the neighborhood. It would be convenient to the other side of the street as well. Vice Chairman Stephens suggested a pole behind the curb designating a handicap parking space. Commissioner Ashby stated that there are certain requirements under Texas Accessibility Standards (TAS) and Americans with Disabilities Act (ADA) that must be met. He would like to make sure that this sales trailer complies with those requirements and that there won’t be any issues for the developer or the Town down the road. Vice Chairman Stephens stated that the applicant should comply with TAS, which, in Texas, supersedes ADA. He stated that, as Commissioner Sheridan suggested, the applicant should place the curb cuts (ADA approaches to the sidewalk cut through the curb) in a place where she would not have to tear them out later. Ms. Brown stated that the middle coming out would make sense on that side of the road. Commissioner Sheridan asked if they would be willing to place a pole designating a handicap space. Ms. Brown stated that they would be willing to do that. Commissioner Ashby stated that they could place a handicap logo on the pavement which could be removed after the sales center is taken down. Commissioner Sheridan asked for additional landscaping on the ends of the trailer, especially around the tongue on the left side; in other words, wrap the corner. There are air conditioners on one side and a tongue on the other and he would like to see both hidden by, for example, an ornamental tree that has some height. It might not be possible to completely hide the air conditioners but something in front of the air conditioners would break it up. Commissioner Sheridan would like to see the landscaping sprinkled as well. Ms. Brown agreed to irrigate the landscaping. Chairman Hill explained that awnings are prohibited by the Town’s sign regulations and staff recommends denial of the awnings request and Mr. Hill concurs. All other Commissioners concurred with denial of the awnings. Ms. Brown stated that the trailer is very simple looking and she has spent thousands of dollars on the awnings. They installed them in case of weather. She stated that they look really good on the trailer and removing them would change the look of the trailer. Chairman Hill stated that the Commission understands that but in this situation awnings are prohibited by the ordinances of the Town. Ms. Brown asked if there is anyway she can keep them as a temporary use. Commissioner Ashby stated that it couldn’t be approved without a meritorious reason. Commissioner Sheridan stated that this case goes from P&Z to the Town Council. He asked if ZBA has authority over the Town Council. Ms. Huggins responded that ZBA does not have authority in this regard over Council. This request cannot go to ZBA before or after Town Council. The Town Council is the final authority for sign regulations. Commissioner Sanchez asked if the awnings have already been built. Ms. Brown explained that they were added to the trailer. Mr. Sanchez asked if they obtained a permit for Planning & Zoning Commission Page 4 of 10 April 3, 2008 Minutes the awnings. Ms. Huggins responded that they obtained a permit for the trailer and then added the awnings on their own. Ms. Brown was informed by staff that awnings are prohibited by Town regulations. Chairman Hill suggested the following motion: The Planning and Zoning Commission, having determined that the request of applicant F & R Adams Luxury Homes for Approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), for a period of time not to exceed 6 months and located on Lot 19, Block B, which is addressed as 2016 Churchill Downs Lane, is in compliance with Town of Trophy Club regulations relevant to a Temporary Real Estate Office, and that the proposed Landscaping meets the Town’s Landscaping Requirements thereon, recommends that the Town Council approve the applicant’s request for a 6 month Temporary Use for a Real Estate Office and deny the installation of awnings on the Temporary Real Estate Office trailer as these items are prohibited by the Town’s sign ordinance. Commissioner Reed so moved and Vice Chairman Stephens seconded the above motion. Commissioner Sheridan requested the following amendment to add that the landscaping will wrap the ends, a sprinkler system be installed, an ADA ramp and handicap sign be installed and a minimum of 5-ft. wide sidewalk to comply with TAS requirements. Commissioner Sheridan suggested that the ADA curb cut be in the center of the lot and flare out in both directions to connect with the sidewalk if allowed by law for distance requirements. Commissioner Reed (who made the motion) and Vice Chairman Stephens (who seconded the motion) accepted the amendment. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved C.3 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR A REAL ESTATE OFFICE (LOCATED IN A TRAILER OR MANUFACTURED HOUSING), FOR A PERIOD OF TIME NOT TO EXCEED SIX (6) MONTHS, LOCATED ON COMMERCIAL RECREATION (CR) ZONED PROPERTY. APPLICANT: JACOBS CARTER BURGESS ON BEHALF OF CENTURION AMERICAN. PROPERTY OWNER: TROPHY CLUB COUNTRY CLUB. Chairman Hill announced the case and asked Ms. Huggins if the owner of the property had given permission for this request to move forward. Ms. Huggins responded that a letter was received that morning from the property owner granting permission and approval of this request. Planning & Zoning Commission Page 5 of 10 April 3, 2008 Minutes Kyle Salzman, Jacobs Carter Burgess, on behalf of Centurion American, stated that they are proposing a modular trailer facility for leasing offices and restroom inside a general lobby area. They will be providing parking in excess of any published requirements. The parking will remain after the temporary use is abolished. Landscaping is detailed on the plan. He is available for any questions. Chairman Hill asked if the Commissioners were in favor of granting an immediate 6-month renewal to the applicant. Commissioner Sheridan stated that he wasn’t sure the ordinance allowed the Planning & Zoning Commission to grant a 6-month renewal on the front end. He stated that he would be for it if allowed. Ms. Huggins responded that she would check to make sure it is allowed. Chairman Hill asked if the parking lot is compliant with Town regulations. Ms. Huggins stated that the revised site plan was received on Tuesday night and given to the Commissioners this evening. The plan calls for 13 parking spaces, one of which is handicap accessible. Staff has given the plan a quick review, a more detailed look is needed, but an immediate concern is the dumpster. The location has not been confirmed as in compliance with setbacks. Staff is asking that the Commission require the applicant to enclose the dumpster with masonry on three sides and that it be gated. The masonry must match the existing architectural structures, which staff has not yet had an opportunity to review. Ms. Huggins stated that the Trophy Club Country Club General Manager wrote in his letter that is in front of the Commission this evening: “Should additional requirements be needed for existing dumpster, these requirements need to be added to the site plan.” Ms. Huggins stated that the dumpster requirements need to be a part of the motion made by the Commission this evening. Commissioner Sanchez asked if there is a dumpster location present on the premises now. Ms. Huggins stated that there is one on site that is not in compliance with the Town regulations. It is not on a paved surface and is not enclosed. Ms. Huggins stated that Code Enforcement was in the process of contacting the Country Club regarding the dumpster at the tennis courts as well as the dumpsters in front of the Country Club itself which are not in compliance with Town regulations. Commissioner Sanchez stated that this would then be an improvement to the site. Ms. Huggins responded that it would be an improvement. Chairman Hill asked if there were other questions regarding parking. Commissioner Ashby asked if having only one space complies with ADA requirements. Are there handicap ramps? He stated that he believes TAS requires a hash mark crosswalk across that drive as well as a ramp on the other side. Commissioner Sheridan noted that there are no sidewalks out there now on that side nor are there any intended. Commissioner Sanchez noted that this is a temporary use; not permanent. Mr. Salzman stated that they are building the handicap space for the temporary use. The new parking spaces they build will be available for the tennis courts use, but the existing tennis court parking lot presumably provides handicap spots. Commissioner Ashby asked if that handicap space will be eliminated when the temporary use ceases. Mr. Salzman replied that perhaps they could remove it when the temporary use ceases. Commissioner Sheridan noted that if it remained it wouldn’t be in compliance. Vice Chairman Stephens stated that it does comply with the applicant’s requested use. It is temporary for a temporary sales office and it is in compliance with that use. At the end of the Planning & Zoning Commission Page 6 of 10 April 3, 2008 Minutes temporary use the space could be painted over or sandblasted off and it reverts back to tennis court parking. This use does not need to tie in across the driveway to a non-existent sidewalk. It will be used for customers coming into the sales office, not people going to the tennis office. Vice Chairman Stephens noted that the date on the revised site plan is the same date as the site plan originally submitted. He would like the site plan date changed to reflect when it was revised. Mr. Salzman responded that they would revise the date. Chairman Hill asked if an irrigation system will be installed. Mr. Salzman responded that they will include an irrigation system for the new landscaping. Chairman Hill noted that flagpoles do not require P&Z approval, but must have approval and proper permitting by the Town. He asked if they plan to utilize the three flagpoles that they previously had on Trophy Club Drive. Mr. Jackson with Centurion American responded, “yes”. Chairman Hill asked if the applicant intends to relocate the tennis court sign on the north side of the driveway. Mr. Salzman stated that they intend to replace it with a more pleasing sign. Chairman Hill asked where the signage of the temporary real estate office would be placed. Mr. Salzman stated that it is on the south side of the drive in the corner. Chairman Hill asked if they are planning to use the sign that they had on Trophy Club Drive. Mr. Jackson responded that it is the same sign without the pedestal. It will be more of a temporary use sign with wooden poles. Chairman Hill stated that staff recommends denial of the billboard concept for the trailer as Town sign regulations allow billboards only along property that abuts State Highway 114. Chairman Hill stated that he does not recommend approval and asked each Commissioner whether he would recommend with the wrap or without: Forest: Without. Sanchez: Without. Sheridan: Definitely Not. Stephens: Without. Reed: No Signs. Ashby: Unanimous. Chairman Hill stated that the Commission is unanimously not in favor of the wrap. Commissioner Ashby suggested at least one additional tree on the south side of the trailer to help screen the trailer from Trophy Club Drive. Mr. Salzman stated that their intent was to provide the amount of trees required by ordinance. Commissioner Ashby suggested an addition of something ornamental to add some height above the berm. Mr. Salzman agreed. Commissioner Ashby also asked for an explanation of “decomposed granite” for the sidewalk. He asked if it is solid as though it is concrete. The response was “no”. Vice Chairman Stephens explained that it is like walking on pavement if it is stamped. He stated that a lady with high heels could walk on it and not fall. Commissioner Ashby stated, “There’s my concern.” Mr. Salzman stated that it has a more natural look than concrete. It is not cheaper Planning & Zoning Commission Page 7 of 10 April 3, 2008 Minutes than concrete, but since they are putting in a sidewalk that goes to nowhere in the future, this material will make it easier to have it scraped up at the end of the temporary use and grass or sod put in. Mr. Salzman asked the Commission for permission to discuss the wrap. He stated that they were looking to place an advertising wrap on the building which the Commission is obviously opposed to. There will be multiple home builders in the Highlands and each wants their name on the trailer. Centurion wanted to avoid having a very large sign or a bunch of smaller signs out there. “Modular buildings are all over the town right now and will be for a little while with the new homes going in and they are not great looking to begin with. This wrap is not a bad looking wrap. There are examples we found that were included in your packet on Beltline and Addison where they deemed it an improvement to the building. We honestly think this is an improvement to the building.” Chairman Hill stated that he understands their desire, but the Commission is fully cognizant of the Town’s attitude towards billboards and signs, which right now is very negative. He stated that even if P&Z were to suggest the wrap he believes it would be tough to get it approved by the Town Council. Commissioner Sheridan suggested, as an alternative, that they put some thought into the regulations set up for this project with the original PD. He stated that at the time this neighborhood was put together there were many directional signs done by the developer for the different neighborhoods and they were agreed upon, sandblasted wood for example. Commissioner Sheridan suggested that they think about a total sign program for the PD. He explained that they would need to bring that plan back to P&Z and Council for approval. He stated that P&Z understands that each builder wants a presence and P&Z wants them to succeed, but using something like a “billboard” loses from the start. It is understood that marketing, name identification, and subdivision identification is needed and he believes they would be more successful in getting it with an overall PD plan. Alvin Jackson, Centurion American, stated that he agrees with doing “community sign programs” within the community to direct the builder partners or potential home buyers to the community. He stated that one of their intentions with this trailer is to have a centralized location and so they are trying to adapt a universal sign in the front entrance. He explained that they were trying to come up with the best type of solution to improve the fact that there is a trailer there for a certain amount of time as well as having an opportunity to place builder identification in one location. They wanted to eliminate the temporary development sign request that each builder partner would want. Mr. Jackson stated that they don’t want to get to a situation where each builder comes before permitting to say they want three signs on the same corner which becomes an obstruction to ingress and egress. They thought the best solution was trying to find a way to improve the cosmetics of the trailer by advertising in a universal area. Commissioner Sheridan stated that, “Our response to improve the cosmetics of the trailer is to hide it with landscaping.” Planning & Zoning Commission Page 8 of 10 April 3, 2008 Minutes Commissioner Sanchez stated with whatever plan they bring forward they should not call it a billboard. Each company has a logo and he suggests they place a sign with a logo in a very discrete, aesthetic fashion. Commissioner Sheridan stated that one of the discussion points used in the handout of the billboard is “will reduce the amount of temporary advertising and bootleg signage throughout Trophy Club.” He stated that the Town is coming into an unprecedented time of having a number of builders in the Town. They’ll all want bootleg signs like back in the days of the 1970s when Trophy Club first opened up and signage like that hasn’t been seen since. He directed the Commissioners to Page 118 of the Planning & Zoning Commission packet [which is part of Section 4.05 of the Sign Regulations regarding “Real Estate Signs”]. He stated that according to the way he is reading it each builder has a maximum of six directional signs for each premise. If Standard Pacific has three model home sites because they are in three different neighborhoods that is 18 signs. They must be 3-ft. off the curb which we’ve never done, and can’t be in the medians, but Commissioner Sheridan wonders if the Town needs to re-examine these regulations in light of the development coming forward. Chairman Hill commented that the meritorious clause (Section 4.10 of the Sign Regulations) might be an opportunity for appeal or exception. Commissioner Sheridan agreed that they could appeal a decision through that route but he stated that he is suggesting a re-examination of the current signage regulations for updating to address the development coming forward. He stated that in Houston they typically have 50 signs within 50-ft. of each corner. Does Trophy Club need to re-look at this before the development is in full swing and complaints start occurring? Hopefully a re-look could be done in communication with the developers and builders. Chairman Hill suggested the following motion: The Planning and Zoning Commission, having determined that the request of applicant Jacobs Carter Burgess on behalf of Centurion American for Approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), for an initial 6 month period of time with a 6 month renewal, to be located on Commercial Recreation Zoned Property owned by Trophy Club Country Club, dba Trophy Club Golf of Texas, is in compliance with Town of Trophy Club regulations relevant to a temporary Real Estate Office, and that the applicant’s request for a permanent off-street parking lot to be constructed on said property meets the Town’s Off-Street Parking Requirements and the Town’s landscaping requirements thereon, recommends that the Town Council approve the applicant’s request for a 6 month Temporary Use for a Real Estate Office with a 6 month renewal approval and a Permanent Off-Street Parking Lot, denying the request for wrap of the trailer, adding one additional decorative tree to the back (south side) of the leasing office between the trailer and Trophy Club Drive (behind the berm area), landscaping to be irrigated, dumpsters to be screened, removal of handicap parking space upon termination of temporary use. Commissioner Sheridan so moved and Commissioner Reed seconded the above motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved Planning & Zoning Commission Page 9 of 10 April 3, 2008 Minutes Planning & Zoning Commission Page 10 of 10 April 3, 2008 Minutes D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 8:25 p.m.