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Minutes P&Z 03/20/2008MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION March 20, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Session on March 20, 2008, at 7:00 p.m. in the Conference Roo 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 (arrived at 7:20 p.m.) Commissioner Forest Present STAFF AND GUESTS PRESENT: Texas met in a Regular m of the Public Services Carolyn Huggins Planning & Zoning Coordinator Arthur Selander Attorney, Quilling-Selander-Cummiskey-Lownds Roger Unger Quanah Properties, LP David Johnston Quanah Properties, LP A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:02 p.m. with six members present. B.1 REVIEW AND APPROVE MINUTES OF THE FEBRUARY 21, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the February 21, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Ashby. Ayes: Hill, Stephens, Reed, Ashby, Sheridan, Forest Nays: None Action: 6-0, Approved Planning & Zoning Commission Page I of 12 March 20, 2008 Minutes CA DISCUSS AND TAKE APPROPRIATE ACTION ON APPEAL OF VALUE PLACE HOTEL EAST ELEVATION SIGNAGE. Chairman Hill announced the case and explained that this is an appeal of the Town Council's denial of the Value Place Hotel east elevation signage. An appeal shall first be reconsidered by the Planning and Zoning Commission with an approval or denial recommendation to the Town Council. Chairman Hill stated the following: 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) to install an electronic message center. This change was administratively approved by Staff. Sign permits for four signs on the Value Place Hotel were issued by Town Staff following this decision. Four signs were installed, inspected and approved by Town Staff. In October 2007, the Town Council requested that the Planning and Zoning Commission review the east elevation signage of Value Place Hotel and recommend to the Town Council approval or denial of the sign. On January 3, 2008, the Planning and Zoning Commission conducted a public hearing and public meeting to review the Value Place Hotel east elevation signage. Following discussion, by a vote of 4-1, the Commission recommended approval of the sign to Town Council. On January 21, 2008, the Town Council voted to deny approval of the east elevation signage at Value Place Hotel. On January 24, 2008, a letter was sent to the owner of the hotel, Quanah Properties, LP requesting removal of the east elevation electronic signage at Value Place Hotel, 306 Trophy Branch within 15 business days of receipt of the letter. 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. Planning & Zoning Commission Page 2 of 12 March 20, 2008 Minutes Mr. Selander or a representative of Quanah Properties LP will present their appeal to the Planning and Zoning Commission tonight. Chairman Hill asked the applicant to step forward and present the appeal. Arthur Selander, Attorney, Quilling—Selander—Cummiskey—Lownds, came forward representing the interests of Quanah Properties Ltd as it relates to this hotel's signage issue. Mr. Selander stated that he is here merely to assist his clients in evaluating the different courses of action that they have available to them given the Town Council's action in January 2008 as well as the subsequent letter that was sent to them requesting that this sign be removed in a fairly short period of time or they face the possibility of civil penalties being assessed against them up to $2,000 per day. They consider this a very serious situation warranting professional assistance. He stated that he is not here today to try to be obstructive or divisive. He believes that Quanah Properties truly would like to get this matter resolved with the Town of Trophy Club in a way that addresses everyone's concerns and he stated that they are still, today, ready and willing to try to attempt that. One of the first things Mr. Selander was asked to do was evaluate what Quanah could do. He told them that they had two courses of action: • under the Town ordinances, to the extent that they construed that the particular letter in question is a revocation of a previously issued permit, there are appellate rights and it was his view that they should try to exercise those rights and so that is why they are here today; • institute litigation against the Town. A lawsuit has been filed and is pending in the 67t" District Court of the State of Texas and Mr. Selander stated that he has entered into an agreement with the Town's attorney, and has established a good working relationship with her, that the lawsuit can be held in abeyance as Quanah works through the hearing before the Planning and Zoning Commission and the subsequent hearing before the Town Council so that neither the Town nor Quanah need expend unnecessary time and effort in the litigation process that may very well not be necessary, which is exactly what they are hoping will be the case. Mr. Selander stated that the Chairman's recitations of the underlying facts of this case are pretty accurate, but he would like to emphasize the following: With respect to the October 2006 Ordinance No. 2006-39 which amended PD-25 Trophy Wood Business Center, it did, in fact, have sign criteria in it for the Value Place Hotel. That sign criteria provided for four signs: one was a monument sign on the ground; one was an internally lit wall sign on the west side of the building that would be lit up at night and be seen by the people on 114 and from areas west of the hotel; one was a wall sign on the east side of the hotel which was also an internally lit wall sign visible at night by people passing on that side of the hotel; the fourth sign that was approved was also a wall sign on the south side of the hotel, was a fairly large wall sign and it had an optic LED function. What's important to note, because not on this Commission but citizens seem to have some confusion about whether or not there was ever a sign approved on the east side. In fact, there was, and that's very important as it was a fairly significant size sign and it was lit. That was part of the original ordinance. Planning & Zoning Commission Page 3 of 12 March 20, 2008 Minutes Mr. Selander stated that in February 2007, representatives of Quanah approached City staff relating to a desire to change that east wall internally lit sign that had been approved to a sign that had an optic LED function very similar to the function that was approved on the south side of the building. At that time, representatives of Quanah were led to believe, and it was stated, that the matter could be dealt with on an administrative level because an internally lit wall sign had already been approved and it was changing it from just a static internally lit sign to one that had the optic LED function. Mr. Selander stated that he believes the materials presented to the Commission in their packets show that on one there is some handwriting from the then P&Z Coordinator that this had been approved, and also by the then and current City Manager, Mr. Emmons. That happened on February 26, 2007. On June 25, 2007, as the Chairman stated, there were specific permits issued for the erection of all four of these signs. The application that was submitted to the City for the permit on the east wall sign had the LED optic display illustration attached to it of what this thing would look like, which had been approved earlier, and the permit was, in fact, issued. Mr. Selander stated that, based upon the communications that were made to Quanah during the February meetings with City staff, as well as the express issuance of a permit to erect and maintain the east LED sign on that hotel, Quanah did, in fact, do that. When they changed the plan from a static wall sign to one that had an LED display on it they had to incur additional costs associated with that. The optic LED sign itself costs about $60,000. There were structural modifications that had to be made to the east wall in order to accommodate the installation of that sign. Tens of thousands of dollars were expended by Quanah Properties in connection with that effort after communications from the City saying that it was OK and the issuance of a permit allowing it. Mr. Selander stated that November 2007 is when things started becoming a little tenuous. It was at that time that representatives of Quanah were called down to Town Hall to discuss the matter of the east wall LED sign with City staff, at which point they were informed that at least some citizens had expressed displeasure about the Value Place Hotel, generally not liking that type of a hotel in that location and worried about other hotels of that kind being in that location. Also, in connection with some of those criticisms, there was criticism leveled at the east wall LED sign. Based upon that, City staff believed and advised Quanah Properties that they needed, on an ex post facto basis after the thing had already been put up and money expended and the appropriate permits had been issued, to go back to this body for a recommendation as to approval after the fact and then ultimate disposition of the matter by Town Council. On January 3, 2008, P&Z heard this matter and approved the east wall sign by a 4-1 vote. Subsequently, on January 28, 2008, the Town Council heard this particular matter and, after considerable discussion and executive session outside the presence of the public and then back in session in the presence of the public, a final vote was had and the Town Council denied approval of the east wall sign. After that, the letter that really brings us here today came from the P&Z Coordinator stating that, in fact, the sign violated both the 2006 ordinance, the amended PD-25, as well as the Town sign ordinance and that it needed to be removed within 15 business days and stated that Quanah was subject to a $2,000 fine if the sign was not removed. Planning & Zoning Commission Page 4 of 12 March 20, 2008 Minutes