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Minutes P&Z 08/21/2008 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION AUGUST 21, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on August 21, 2008, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Sheridan Present Commissioner Forest Present Commissioner Ashby Present Commissioner Sanchez resigned effective May 12, 2008. Vacancy will remain until appointments/reappointments by Town Council in October 2008. STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Chris King Building Inspector David Johnston Quanah Properties Mike Davidson 201 Ridgeview Lane Jill Setzer 4 Cricket Ct. Shirley Forgan 1 Hanna Ct. A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. B.1 REVIEW AND APPROVE MINUTES OF THE JULY 17, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the July 17, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Ashby. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Abstain: Hill Action: 5-0-1, Approved Planning & Zoning Commission Page 1 of 7 August 21, 2008 Minutes C.1 PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING AMENDMENT TO PD-25 SIGN CRITERIA FOR VALUE PLACE HOTEL LOCATED AT 306 TROPHY BRANCH. Chairman Hill opened the public hearing and read the background information on this case from the staff report. He asked David Johnston, Quanah Properties, if he had anything to add. Mr. Johnston stated that Quanah has complied with the agreement and they are happy with the sign, and hope that the Town is too. Chris King, Building Inspector, stated that Quanah is in full compliance with the agreement. Shirley Forgan, 1 Hanna Ct., stated that the flashing neon sign is saying “Win $50,000 Check In Now”. She wanted to know if that is something new? Ms. Huggins explained that Value Place Hotel can change the message on the sign. That is allowed. Ms. Forgan asked if the amount of illumination has been downgraded. Ms. Huggins responded that it has been reduced. Commissioner Sheridan asked if the PD allows off-premises advertising; off-premises meaning advertising something that is not Value Place Hotel related. Ms. Huggins stated that the PD must specifically allow the use or it is prohibited. PD-25 does not specifically allow off- premises advertising, therefore it is prohibited. Commissioner Sheridan stated that he does not want to infer anything different than what is negotiated, and he does not have any problem with the “$50,000 come on in” signage that is advertising Value Place Hotel, but he objects to off-premise advertising. Mr. Ashby asked if the overall Town ordinance prohibits that. Ms. Huggins stated that it is not specifically addressed. [This is not correct. It is addressed in Chapter 5 – General Land Use, Article IV, Sign Regulations, Section 4.06 Commercial and Institutional Signs; Sign Type – Off- Premise – PROHIBITED.] Commissioner Sheridan stated that he is for everything that the Town agreed to, but asked that off-premise advertising be prohibited. He asked Mr. Johnston if he would be agreeable to this. Mr. Johnston asked for an example and Commissioner Sheridan stated that there is a school that advertises real estate and he objects that. He stated that he supports advertising anything to do with the hotel, i.e., the $50,000 promotion that he hopes is successful for the hotel, but he wouldn’t want the hotel to advertise Tom Thumb or any other company or facility off-site. Mr. Johnston stated that they would abide by whatever everybody else in Town has to abide by, but stated that they don’t intend to advertise for anyone but their hotel on their site. Commissioner Ashby made a motion to recommend to the Town Council approval of the Value Place Hotel signage as amended by the negotiated agreement, with the stipulation, as suggested by Commissioner Sheridan, to prohibit off-premise advertising. Commissioner Reed seconded the motion. Planning & Zoning Commission Page 2 of 7 August 21, 2008 Minutes There was further discussion among the Commissioners regarding off-premises advertising with Commissioner Forest asking additional questions to define “off-premises” (anything not inside the lot boundary), and whether or not “congratulations Trophy Club…” or “good luck” type of signage would be prohibited, with the consensus by the Commissioners being that congratulatory type of signage would be prohibited unless the event or persons being congratulated were staying at the hotel, in which case it would be legitimate. As there was no further discussion, the Chairman called for the vote. Ayes: Stephens, Reed, Sheridan, Ashby, Hill Nays: Forest Action: 5-1, Approved C.2 PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, INCLUDING WITHOUT LIMITATION, AMENDING AND ADOPTING NEW REGULATIONS AFFECTING ACCESSORY STRUCTURES, AFFECTING DESIGN CRITERIA, AND OTHER MISCELLANEOUS PROVISIONS OF CHAPTER 13. (ADM- 08-029) Chairman Hill announced the case and asked Ms. Huggins for staff comments. Ms. Huggins read a portion of the staff report and stated that staff recommends approval of these changes. Mike Davidson, 201 Ridgeview Lane, stated that he was at the last P&Z meeting where this item was discussed and at the end of the discussion “grandfathering” was added to the motion. He stated that he is not in favor of grandfathering for structures built without permits or conformance to Town regulations. They should have to pay for the permit and possibly a fine levied as well. Grandfathering allows them to get away scott free. Jill Setzer, 4 Crickett Ct., stated that she also attended the last meeting and she wanted to make sure that the changes include outdoor storage sheds and that the typographical errors have been corrected so that the height restriction would be 8-ft. Ms. Huggins responded that the typo errors have been corrected so that it now reads 8-ft. Shirley Forgan, 1 Hanna Ct., stated that she is not aware of what this is – could it be explained to a lay person? She asked for an example of a structure that would be affected by this change. Chris King, Building Inspector, explained that if she wished to put an arbor or outdoor kitchen in her backyard the current ordinance requires that the structure must be 10-ft. away from the house. Staff is proposing that homeowners be allowed to put these structures closer than 10-ft. to the house. The reason for this is that yards have utility easements running through the side and rear property lines, as well as backyards with unique angles, and if the structure is placed 10-ft. away from the house, many times the structure then encroaches into easements, which affects drainage. By placing the structure closer to the house, the structure can be placed within setbacks and kept out of the easements. Chairman Hill closed the public hearing. Planning & Zoning Commission Page 3 of 7 August 21, 2008 Minutes Commissioner Sheridan stated that large roof covered kitchens, patio covers and pergolas have been built in Town by people who did not realize that they needed to obtain a permit to build a patio cover. He stated that anyone who violates the law should be nailed to the wall. However, he believes many people may have a storage shed where they didn’t know they needed to obtain a permit. Rather than having a witch hunt by Town staff, if the structure meets the code they should be let off. Ms. Huggins stated that the current staff report outlining the proposed changes to this ordinance does not include a provision for grandfathering. The reason for this is because the Town Attorney reviewed the stipulation in the motion from last month’s meeting and determined that an existing structure built without a permit that would be in compliance after the approval of this change by the Town Council would then become a legal structure and thus would not need to be grandfathered in. Grandfathering is needed for an existing structure that is non-conforming, making it a legally non-conforming structure. Commissioner Forest asked if anyone knows how many structures exist in the Town that were put up without permits. Chris King stated that a storage shed that is less than 120 sq. ft. does not require a permit. Staff would literally have to go door-to-door and measure each storage building to determine square footage and if larger than 120 sq. ft. then check to see if a permit was obtained. Vice Chairman Stephens made a motion to recommend to the Town Council approval of changes to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and other miscellaneous provisions. Commissioner Sheridan seconded the motion. Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby Nays: None Action: 6-0, Approved C.3 REVIEW AND COMMENT TO TOWN COUNCIL REGARDING CHANGES TO TROPHY CLUB ORDINANCES AS SUGGESTED BY TWO (2) HANNA CT. RESIDENTS. Chairman Hill stated that the purpose of this agenda item is to review and comment on suggestions made by two Hanna Ct. residents regarding changes to Trophy Club ordinances. Council directed staff to pursue bids for a revision to the Comprehensive Land Use Plan which would involve reassessment of the future uses of all vacant land. Two bids were obtained, both in the $70,000+ range, which Council determined was not financially feasible at this time. Council then directed review of the Hanna Ct. residents’ suggestions by the Planning and Zoning Commission for comment to the Council. Ms. Huggins stated that the Commission is not making recommendations or taking any action, but should provide “comment” to the Council regarding these suggested changes to zoning regulations and building codes. Planning & Zoning Commission Page 4 of 7 August 21, 2008 Minutes Chairman Hill asked Ms. Forgan for her comments. Ms. Forgan stated that the notice she sent to the P&Z Coordinator lists only a few suggestions that she made for this development; it did not list all of her suggested uses. She stated that she would like to see a retirement community like the Conservatory in Keller. She has given Councilman Moss information she obtained from the Conservatory. She stated that she took pictures of different areas that are pleasing and pleasant and attractive and gave those to Councilman Moss. She stated that there are many senior citizens living in Trophy Club who have been here for 25 years and would like to stay in Trophy Club but the Town is losing them to Southlake and Keller because there is no housing available in Trophy Club that allows them to downsize to a retirement community like the Conservatory. Ms. Forgan stated that there is a great need in this Town for a Community Center. There is no place in this Town to have a meeting. The Country Club charges $300. She stated that they have to go to Southlake to Central Market. She would like to see a Community Center in the PD-25 development where meetings could be held, crafts taught, game rooms, and a book exchange in lieu of a library. She stated that she also included in her letter 17 uses that were disapproved by her Homeowner’s Association. She stated that she was informed that zoning and ordinances are package deals and we can’t change one without the other. She would like to see lighting, signage and landscaping made stricter to avoid getting something we don’t want. She also wanted to know if anyone is soliciting retailers for this site. It is her understanding that the Town has nothing to market itself. “Do we just sit around and wait for someone to express interest to go out and build something out there or do we go out and find desirable developments? Do we just sit back and wait and then get something like Value Place and then we all bite our nails and scream and cry. What can we do to prevent this ahead of time?” Ms. Forgan stated that the residents of Hanna and Jamie Cts. have sent in a list of approved and unapproved uses for this land so she wants to know where they go from here? Chairman Hill stated that the PD-25 land is privately owned and the Town cannot dictate to the property owner what he can bring in other than what is approved by the PD ordinance. As long as he brings in something that is allowed by the PD, staff has to consider it. If he brings in something that is not allowed by the PD, then he must convince the Planning & Zoning Commission and Town Council that it would be a worthwhile project. Councilman Moss, sitting in the audience, asked Chairman Hill for permission to make a few comments. He stated that a Community Center is in part of the 10-year Park plan. He stated that there is an area, designated for a Community Center, in Northwest Park. He stated that the latest estimate for such a Center is $8 million and the Town doesn’t have that. If ever there is enough money, or the residents can come up with that much in increased taxes and would vote for it, then a Community Center is a possibility. Councilman Moss stated an arrangement with NISD will allow the Byron Nelson High School library to be available to the residents of Trophy Club. The library is being isolated from the rest of the school building so that residents can have access to it. Councilman Moss also stated that there isn’t a lot of commercially zoned property left in Trophy Club and everyone has learned the importance of sales tax revenue and EDCB, along with the Town, has spent $60,000 for a Buxton study, which is a study of all the known commercial businesses that might have an interest in Trophy Club. A number have been contacted. Some have expressed interest. Nothing firm has happened Planning & Zoning Commission Page 5 of 7 August 21, 2008 Minutes yet, but $60,000 was spent on a study to try to attract commercial business to Trophy Club. Councilman Moss stated that the Assistant Town Manager works with any potentials to bring business into the Town. He stated that the taxable land lost during the past year for Byron Nelson High School and the parks designated land has cost the Town $10 million in taxable land which has not helped the Town’s overall situation. Commissioner Ashby stated that Ms. Forgan’s and Mr. Kaler’s suggestions are good. He believes that many are already addressed within the ordinances and PD. Commissioner Reed stated that the property owner has the right to build according to the current zoning uses, and the staff and this Commission doesn’t have control, from any legal standpoint, to change the approved uses on the tracts of PD-25. Regarding code changes, Commissioner Reed believes the Town has done well over the years with the existing codes. There are a lot of codes in the Frisco sign ordinance, some quite good, and some that probably wouldn’t fit our particular situation, but he believes the Town consultants would have to give it a detailed look and comparison in order to know whether or not making changes would be reasonable to do. Without a recommendation from a detailed study, he stated that he is reluctant to make comments regarding changing our codes. Commissioner Sheridan stated that regarding zoning it has already pretty much been established what is available and that it is under private ownership that must be honored. He stated that a retirement area of townhomes, over 55, is planned and zoned in the Highlands. Commissioner Sheridan stated that the Community Center and marketing have been addressed by Councilman Moss. Commissioner Sheridan stated that he would object to any public use of any remaining vacant land as it would take it off the tax roll. Regarding building codes, he would suggest that the lighting codes are good, and strict. He is open to reviewing the noise code, but would defer to experts on that. He believes that energy usage, the new energy codes, and the new LEEDS, especially on commercial buildings where it is currently very fad-ish to utilize it and build that way, should be considered. He doesn’t advocate spending money on an outside consultant, but suggests a review of the energy codes to be more green oriented. Chairman Hill commented on the current suggestions in regard to the Comprehensive Land Use Plan, stating that the Council’s actions since the Town’s incorporation in 1985 shows that the Council has adhered to a primary goal of maintaining the residential character of the Town. He stated that the Council has restricted and zoned commercial development primarily to frontage of Highway 114 and the main entrances to the Town. Regarding PD-25, there has been one development on the property with 8 vacant tracts, with Town staff presently considering one other development on one of the vacant tracts in accordance with the current zoning allowed on the property. In summary of the Commissioners discussion: • Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires a detailed study comparing our current uses to suggested changes, while honoring private ownership rights. Planning & Zoning Commission Page 6 of 7 August 21, 2008 Minutes Planning & Zoning Commission Page 7 of 7 August 21, 2008 Minutes • Lighting codes appear to be good and strict. • Noise codes possibly could use review. • Energy codes should be reviewed; can the Town be “greener”. • Changes to the Town building codes should be done through a detailed study by appropriate certified reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional planners. Chairman Hill added that in looking at a review of Town ordinances to incorporate more comprehensive sign, noise, or lighting ordinances is beyond the scope of the Commission and rightly should be examined by staff and professional consultants prior to consideration by this Commission and the Town Council for modifying the ordinances involved. Chairman Hill stated that if the Council wishes to direct the Planning & Zoning Commission to work with professional consultants and advisers they should so advise and provide funding. Commissioner Reed added a final comment to Ms. Forgan that he does appreciate her recommendations although the Planning & Zoning Commission must abide by the current regulations when reviewing developments and if those developments meet all regulations the Commission has no recourse other than to approve the development. He likes her suggestions of fountains and walking paths, and maybe a developer will come along who will take the suggestions and incorporate it into a development. Ms. Huggins stated that this item will be heard by the Town Council on September 8, 2008. D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 8:00 p.m.