Planning and Zoning Commission

MURPHY PLANNING AND ZONING COMMISSION AGENDA REGULAR PLANNING AND ZONING COMMISSION MEETING MONDAY, OCTOBER 28, 2024, AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS 75094 NOTICE is hereby given of a meeting of the Planning and Zoning Commission of the City of Murphy, Collin County, State of Texas, to be held on Monday, October 28, 2024, at Murphy City Hall for the purpose of considering the following items. The Murphy Planning and Zoning Commission reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including §551.071 (private consultation with the attorney for the City); §551.072 (discussing purchase, exchange, lease or value of real property); §551.074 (discussing Destiny Varghese personnel or to hear complaints against personnel); and §551.087 (discussing economic development Chairman negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session. Christine Johnson Vice Chairman 1. CALL TO ORDER Chi Egwuekwe Secretary 2. PLEDGE OF ALLEGIANCE Tricia Culberth Commissioner 3. ROLL CALL AND CERTIFICATION OF A QUORUM Raj Mandalia 4. PUBLIC COMMENTS Commissioner The Council Chambers is open to the public. This portion of the agenda is the public's opportunity to address the Council about any Camille Hooper item listed on the agenda, except public hearings, or to provide a Commissioner general comment. Comments related to public hearings will be heard when the specific hearing begins. Public comments are limited to five Beverly Gaither (5) minutes per speaker, unless otherwise required by law. Per the Commissioner Texas Open Meetings Act, the Council is not permitted to act on or discuss any item not listed on the agenda. Items suggested for action may be placed on a future agenda, at the Council's sole discretion. Kannan Palaniappan Alternate 5. INDIVIDUAL CONSIDERATION Prem Shah Alternate A. Consider and/or act on the minutes from the September 23 2024, Planning and Zoning meeting. Planning and Zoning Commission - 23 Sep 2024 - Minutes Reagan Rothenberger B. Discuss potential amendments to chapters 26 and 30 of the Murphy Director of Economic and Code of Ordinances, pertaining to Tree Preservation, Processing & Community Development Notification of Development Cases and related review standards, ________________ Accessory Structures, Site Plan approval standards, and a new Zoning __ District entitled "Site Plan District". Staff Report-(1828) 6. STAFF UPDATES 7. ADJOURNMENT I certify that this is a true and correct copy of the Murphy Planning and Zoning Commission Meeting Agenda and that this notice was posted on the designated bulletin board at Murphy City Hall, 206 North Murphy Road, Murphy, Texas 75094; a place convenient and readily accessible to the public at all times, and said notice was posted on October 24, 2024 by 5:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code. Page 1 of 32  Carla Blatney Executive Administrative Assistant In compliance with the American with Disabilities Act, the City of Murphy will provide for reasonable accommodations for persons attending public meetings at City Hall. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at 972.468.4011 or kjackson@murphytx.org. Notice of Possible Quorum: There may be a quorum of the Animal Shelter Advisory Committee, the Board of Adjustment, the Building and Fire Code Appeals Board, the Capital Projects Advisory Committee, the City Council, the Ethics Review Commission, the Murphy Community Development Corporation, the Murphy Municipal Development District Board and/or the Park and Recreation Board members who may be present at the meeting, but they will not deliberate on any city or board business. Page 2 of 32  Agenda Item 5. A. MURPHY PLANNING AND ZONING COMMISSION MINUTES SEPTEMBER 23, 2024 AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS 75094 1. CALL TO ORDER Chairman Destiny Varghese opened the meeting at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Chairman Destiny Varghese led the Pledge of Allegiance. 3. ROLL CALL AND CERTIFICATION OF A QUORUM COMMISSIONERS Chairman Destiny Varghese PRESENT: Vice Chair Christine Johnson Secretary Chi Egwuekwe Commissioner Tricia Culberth Commissioner Raj Mandalia Commissioner Beverly Gaither . COMMISSIONERS Commissioner Camille Hooper ABSENT: ALTERNATES Alternate Kannan Palaniappan PRESENT: . ALTERNATES PRESENT/NOT Alternate Prem Shah SEATED 4. PUBLIC COMMENTS There were no public comments. 5. INDIVIDUAL CONSIDERATION A. Consider and/or act on the minutes from the August 26, 2024, Planning and Zoning Commission meeting. COMMISSION ACTION: (Item 5.A.) APPROVED Christine Johnson moved to approve minutes from the August 26, 2024, Planning and Zoning Commission meeting. Tricia Culberth seconded the motion. The motion carried by a unanimous vote of 7-0. B. Consider and/or act on the application of Westwood PS, requesting approval of a site plan, landscape plan, and building elevations for H-E-B, and hold a public hearing to discuss a Variance to the Tree Preservation Ordinance, on property generally located at Page 3 of 32  Agenda Item 5. A. Planning and Zoning Commission September 23, 2024 the southwest corner of E. FM 544 and McCreary Road, legally described as Lot 3R, Block 1, McCreary Marketplace, Murphy, Texas. Reagan Rothenberger, AICP Director of Community & Economic Development presented plans for a HEB retail store. John Rose with HEB also presented regarding HEB's appreciation to build in Murphy and concern for the tree preservation. Details will be finalized before going to City Council. COMMISSION ACTION: (Item 5.B.) APPROVED Chi Egwuekwe moved to approve the application of Westwood PS approving the site plan and supporting plans for HEB subject to review summary #3 dated September 19, 2024 and subject to submittal of a tree mitigation plan acceptable to city staff and that the plan includes the planting of trees off site to meet the mitigation need for property generally located at the southwest corner of E. FM 544 and McCreary Road, legally described as Lot 3R, Block 1, McCreary Marketplace, Murphy, Texas. Christine Johnson seconded the motion. The motion carried by a unanimous vote of 7-0. 6. STAFF UPDATES Reagan Rothenberger announced the last meeting in August commissioners approved the construction plat for South Fork Estates. City Council approved on September 3, 2024. No formal items for October, however plan to use October as a work session for proposed ordinance amendment. 7. ADJOURNMENT With no further business, Chairman Destiny Varghese adjourned the meeting at 6:45 pm. APPROVED BY: ATTEST: ____________________ __________________ Carla Blatney, Chi Egwuekwe, Executive Administrative Secretary Assistant Page 4 of 32  Agenda Item 5. B. Economic & Community Development October 28, 2024 ISSUE: Discuss potential amendments to chapters 26 and 30 of the Murphy Code of Ordinances, pertaining to Tree Preservation, Processing & Notification of Development Cases and related review standards, Accessory Structures, Site Plan approval standards, and a new Zoning District entitled "Site Plan District". STAFF RESOURCE/DEPARTMENT: Reagan Rothenberger, AICP, Director of Community & Economic Development SUMMARY: Staff is desiring to discuss several potential code amendments and desires the Planning & Zoning Commission's input. A summary of the topics for discussion below. ACTION REQUIRED: Staff is only requesting guidance. No action will be taken. ANALYSIS: These items will come back to P&Z for final review and formal recommendation prior to being forwarded to City Council. New Zoning District: Staff is proposing a new Zoning District, likely the first to be proposed in decades. It would be entitled the "Site Plan District" or "SPD". Similar to a Planned Development, the requirements will be somewhat more streamlined. Effectively, the adoption of a Site Plan in tandem with a formal zoning request for a site will be the controlling standards. (No proposed code amendment is attached to this report for this item.) Concept Plan and Site Plan Standards: Staff proposes adopting new requirements for Concept and Site Plans. Currently, standard requirements are scattered among several sections. This is to clarify the requirements. The requirements are somewhat self-explanatory and will create a higher standard of Concept Plans and Site Plan. The following amendments were previously discussed on August 26th, 2024: Streamlining Application & Notification Process, Requirement Standards: Staff is seeking to streamline the Development Application process and create more uniformity. Currently, it takes approximately eight weeks for an item to get to the Planning and Zoning Commission. Staff has been able to cut some time off for certain cases in the past depending on its complexity. However, the goal is to create a six-week timeline that is uniform for all cases regardless of complexity. Page 5 of 32  Agenda Item 5. B. A major barrier to removing two weeks would be revising when a notice is provided to the newspaper for zoning cases. Chapter 211 of the Texas Local Government Code requires that cities provide a newspaper notice before the 15th day prior to a public hearing of the item. This can be either the P&Z Commission or City Council public hearing. Currently, Murphy provides this notice prior to the P&Z Commission hearing. This prolongs the wait time due to the limitations of the Murphy Monitor schedule. At the previous discussion of this amendment in August, staff recommended dropping the newspaper notice altogether for the Commission hearings. Staff now proposes moving this newspaper notice requirement to being provided to simply before the P&Z Commission hearing (i.e. drop the 15 day requirement) and ensure this notice be provided at least 15 days before the City Council hearing. Staff would continue to provide mailed notifications to property owners within 500’ at least ten (10) days prior to the Planning and Zoning Commission meeting. Staff also plans to adopt a more formalized development case review and approval calendar that will be reviewed and adopted by City Council annually. Along with this exercise, staff may propose some minor tweaks to ensure there are no conflicting ordinances. Portable On Demand Storage units: Clarifying that Portable On Demand Storage units (PODS) are considered accessory structures. The term “PODS” is not bound to a specific brand, so this would include storage containers and the like. Code Enforcement and Customer Service receives relatively consistent inquiries and complaints regarding the placement of PODS in the city. Staff has no recourse to bring long-term offenders into compliance. Staff seek to clarify that these are accessory structures and are permitted only in the same manner as an accessory structure. If desired to be placed in the front yard, PODS are only to be for temporary use in conjunction with a move or renovation of a home. This amendment will also clarify that these cannot be placed in the right-of-way. From the last meeting, staff has removed the limit to the number of units as noted by the commission. Also, staff has provided additional restrictions for these in commercial districts. Tree Ordinance The Tree Ordinance is not in compliance with State Law and must be amended to:  Correct how to measure a protected tree from six inches above grade to “DBH”, roughly 4.5’. The following are options will be offered for consideration:  Provide an option for property owners to pay a fee in lieu of replacing trees which is now permitted by state law.  The protection of homestead residential trees over 24” in diameter and not within 15' of the home. Currently there are no protections for residential trees in Murphy.  The addition of more robust definitions, and to clarify when and where trees are protected and how they should be protected during construction. (Staff has sought to soften language for construction purposes.) Page 6 of 32  Agenda Item 5. B.  Cleaning up the physical mitigation requirements regarding caliper inches. A tree under 24" shall be 1 to 1, over 24" 1 to 2.  Providing for a clear variance request procedure.  Requirement of a Tree Survey in certain circumstances. ATTACHMENTS: Concept & Site Plan Req's Proposal PODS Proposal Application & Notification Amendments Proposal Tree Preservation Proposal Page 7 of 32  Agenda Item 5. B. Standards required for a Concept Plan and Site Plan The standard requirements were last wholly updated in 2004. These are general requirements, though the Administrative Official can waive certain ones that are not applicable to certain developments. This is the initial draft list and will likely be amended further. CONTENT OF CONCEPT PLAN - A Concept Plan shall include all of the following information in graphic representation or written documents as appropriate, and shall be prepared by a registered architect, registered engineer, registered surveyor, or a registered landscape architect: a. North arrow, graphic and written scale in close proximity. b. Vicinity map indicating the area in which the property is located. c. Appropriate title, i.e., "CONCEPT PLAN FOR ____ Zoning Request." d. Title includes project name, City, County, State. e. Title includes gross acreage and date of preparation. f. Provide name and address of owner and/or applicant. g. Provide name, address, and phone of consultant who prepared the plan. h. Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings, and existing easements. i. Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning. j. Adjacent tracts labeled with owners name, existing zoning and proposed land use designation (L.U.D.). k. Conceptual representation of proposed use(s) and generalized representation of proposed improvements. l. Conceptual representation of points of connection to public rights-of-way. m. Approximate extent of existing tree cover. n. Computation of proposed number of dwelling units. o. Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan when required should include screening walls, ornamental planting, lawns and gardens, playgrounds, and wooded areas that are to be retained. Page 8 of 32  Agenda Item 5. B. p. Other information the applicant and/or owner might wish to include. q. Such other information as may reasonably be required by the City Staff, Planning and Zoning Commission or the City Council. EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. If, in the opinion of the Administrative Official, the site plan or development plan does not substantially conform to the Concept Plan approved by the City Council, the applicant shall either seek approval of the revised Concept Plan. Approval of these Plans shall be within the authority of the City Council upon a recommendation by the Planning & Zoning Commission. CONTENT OF A SITE PLAN - The following criteria is a comprehensive list of site plan requirements. The Administrative Official reserves the right to waive any required standard if not applicable to the application. a. Acceptable scale: 1"=20', 1"=40', 1"=100' or as approved. North arrow, graphic and written scale in close proximity. b. Small scale location map shown. c. Title includes appropriate title (i.e., "Site Plan"), name of development or platted lot and block designation, City, County and State, date of preparation. d. Name and address of owner. e. Name, address and phone of firm preparing the plan. f. Metes and bounds labeled on property boundary. g. R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown. h. Adjacent property labeled with owner's name, existing zoning, land use map designation. i. The width and type of proposed bufferyards if any, must be labelled. j. Designation of the location and size of all points of ingress/egress to the site. k. All pedestrian walks, malls and open areas for use by tenants or the public. l. The location, type and height of all walls, fences, and screening devices. m. Site Data Summary Chart (by phase and in total) to include the following items: - Existing zoning of this tract and any proposed zoning. Page 9 of 32  Agenda Item 5. B. - Gross acreage and net acreage of the project. - Number of proposed lots. - Residential density - Percentage of site coverage. - Anticipated schedule of development. - Parking and loading spaces required and provided. - Area of open space. - Open space as a percentage. - Outside storage as a percentage. n. Show the following related to existing or proposed buildings: - Location, dimensions, maximum height, number of stories, use or uses contained therein, gross floor area. - Square footage broken down by use. - Entrances and exits to buildings. - Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements. - Distance between buildings and distance from building to property lines. o. Related to parking requirements: - Clear designation of all parking stalls intended for off-street parking and for off- street loading. - Dimensions of such parking and loading areas. - Type of surface material. - Any intended lighting shown. p. Rear, front, and side building lines shown. q. Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign types, facings, material compositions and colors. Page 10 of 32  Agenda Item 5. B. s. Location of all trash dumpsters. t. The types of surfacing, such as paving (for example, asphalt, concrete, brick), turfing or gravel, to be used at the various locations. u. Easements on or adjacent to the site labeled and dimensioned. v. Nearest fire hydrant dimensioned to property corner and any proposed fire hydrants shown. w. The fire lane width must be designated with all curb radii adjacent to the fire lane labeled. x. The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show center line of water courses and existing drainage easements. y. A summary chart showing all proposed variances to the closest zoning district in which the proposed use(s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance. aa. Intended category of uses labeled. bb. Show any areas intended for outside storage and method of screening. cc. A concept plan for any proposed interior and exterior fencing, entry features, and streetscape improvements. dd. A landscape concept plan for all proposed retention/detention areas including the general schematics for all proposed landscaping, aesthetic treatments, and pedestrian amenities. ee. For all development proposing any public or private open space, an open space management plan meeting the requirements of Section 33, Supplementary District Regulations. ff. A color-coded landscape plan meeting the requirements (for all non-residential site plans) Page 11 of 32  Agenda Item 5. B. There has been an increased issue of temporary storage units placed in front yards and rights-of-way. This ordinance seeks to bring this issue under control. This ordinance is based in the City of Southlake’s ordinance with specific changes for Murphy. Multiple cities in the metroplex have similar ordinances. § 30.07.071General requirements. (d) Portable On Demand Storage (PODS) unit shall be defined as any transportable container that is designed for shipping and/or temporary storage of materials and/or equipment. PODS units are hereby deemed accessory structures and shall be compliant with all sections of the Zoning Code as applicable. PODS units are not permitted in the front or side yard except under the following circumstances in residentially zoned districts. 1) All PODS units permitted under this section shall be no larger than 20’x8’x8.6’ in size. There shall be no limit to the number of PODS units if all criteria within this section and the Zoning Code are met. This section shall not be misconstrued to limit the placement of such structures in the rear yard in conformance with the Zoning Code. 2) PODS units for use during residential remodeling and construction: i. PODS units shall be permitted to be placed on the driveway and shall not be placed on any public right-of-way or in natural areas of any front or side yard. ii. A PODS unit shall be permitted in conjunction with a complete and active residential building permit for: Demolition or Residential New Home/Addition/Remodel. iii. The use of PODS units are limited to one permit per calendar year, however, the Building Official in their determination, may allow PODS units in conjunction with additional permits if the need is apparent in those certain cases where overlapping permits are needed for a major project. iv. An application for the building permit shall indicate the location of the PODS unit on the lot. v. PODS units shall be removed within seven (7) days of final inspection of the structure. Page 12 of 32  Agenda Item 5. B. 3) PODS units for use as for temporary residential storage during moving: i. PODS units for moving out of a residential home may only be used in conjunction with a request to discontinue municipal utility services filed with the city. PODS units may be placed on-site at any time during the thirty (30) days prior to the requested disconnect date and five (5) days thereafter. ii. PODS units for moving into a residential home may only be used in conjunction with a request to begin municipal utility services filed with the city. PODS units may be placed on-site at any time during the thirty (30) days from the time of the requested connection date and five (5) days prior. iii. A PODS unit shall be permitted to be placed on the driveway and shall not be placed on any public right-of-way or in natural areas of any front or side yard. iv. Disconnect or connection dates shall only be in conjunction with resident turnovers and shall be enforceable by requesting proof of lease or sale of the property if more than one request is made per calendar year for an individual property. 4) PODS units for Commercial Use: i. PODS are not permitted except for brief use during loading and unloading of goods directly related to the business. A PODS unit shall not remain on a site past midnight, i.e. overnight. j. All PODS shall not be visible from the ROW and shall be located behind the building. If there is no place it is completely hidden from the ROW, it shall be placed in the most inconspicuous place away from the ROW. k. The PODS unit shall only be placed on an improved surface, and shall not be placed in any pathway or Fire Lane. It may be placed in a parking space. l. PODS are not to be confused with Trash Containers or Dumpsters, etc., which are screened from view and only store trash and refuse and are otherwise permitted by ordinance. Page 13 of 32  Agenda Item 5. B. Application and Notification Procedure Amendments Staff proposes the following amendments regarding the Development Submittal and notification process. Page 14 of 32  Agenda Item 5. B. § 30.02.153Application. (a) Each application for zoning, rezoning, specific use permit (SUP), or for a text amendment to a provision of this chapter, shall be made in writing on an application form available in the city manager’s or his designee’s office. The application shall be made in accordance with the adopted development submittal schedule maintained by the city manager’s designee, and shall be accompanied by payment of the appropriate fee as established in the currently adopted city fee schedule as printed in appendix A to this code. An accurate metes and bounds description of the subject property, or other suitable legal description, a survey exhibit, and other appropriate exhibits such as: site plans, maps, architectural elevations, information about proposed uses, etc., that are determined necessary by the city manager, or his designee, shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in division 7 of this article, shall also be submitted along with any zoning request involving a specific use permit (SUP) request or the formation of a planned development (PD) district. (b) All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of the land owner’s agent to file the zoning change request. (c) Official submission date and completeness of application: Page 15 of 32  Agenda Item 5. B. (1) For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for a zoning change request, containing all elements and information required by this chapter, is submitted to the city manager or his designee. No application shall be deemed officially submitted until the city manager, or his designee determines that the application is complete and a fee receipt is issued by the city. Failure by the city manager, or his designee, to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city shall result in the application being deemed complete, and the “official submission date” shall become the tenth calendar day following initial receipt of the application by the city. (2) Zoning applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff. (2006 Code, sec. 86-143; Ordinance 04-05-610, sec. 10.3, adopted 5/17/04) Page 16 of 32  Agenda Item 5. B. § 30.02.154Notice of public hearing. (a) For zoning and rezoning requests involving real property, the planning and zoning commission shall hold at least one public hearing on each zoning application, as required in V.T.C.A., Local Government Code ch. 211, as amended. (i) Notice for Planning and Zoning Commission Hearing (A)For proposed changes to zoning district boundaries, notice of the public hearing to occur before the planning and zoning commission shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the date of the public hearing. Written notice of the public hearing shall also be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. A courtesy notice shall also be sent to properties located outside the 200 feet but within 500 feet of the property of which the change is proposed. Such notices may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. Failure on the part of property owners to receive a notice, whose property is located in excess of two hundred (200) feet of the property being the subject of such hearing, shall not invalidate the scheduled public hearing process. Additionally, written protests received from real property owners, whose property is located in excess of two hundred (200) feet from Page 17 of 32  Agenda Item 5. B. the property being the subject of the public hearing, shall not be calculated as being a part of the protest area as defined in the Local Government Code of the State of Texas for such development application. (ii) Notice for City Council Hearing For proposed changes to the zoning district boundaries or regulations, notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of general circulation within the city before the 15th calendar day prior to the date of the public hearing. This may be accomplished with the newspaper notice for the planning and zoning commission. (b) For requests involving proposed changes to the text of this chapter, notice of the planning and zoning commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing. Changes in the text of this chapter which do not change zoning district boundaries do not require written notification to individual property owners. (c) The applicant shall cause a sign to be placed upon property where a zoning action is proposed to take place that is clearly visible to passersby. The sign shall be posted at least 10 days prior to the hearing at the Planning & Zoning Commission meeting and shall remain posted until the hearing at City Council. The erection or continued Page 18 of 32  Agenda Item 5. B. maintenance of the sign shall not be deemed a condition precedent to the holding of the public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment, however, if the sign is removed the city shall be permitted to take immediate action to replace the sign after notification of the applicant. The sign shall only be placed if any of the following criteria are met: A) The property is currently zoned solely for a residential use or “AG”; or B) Any property that is immediately adjacent to a property with an occupied residence whereby the boundaries touch (within the City of Murphy) Exceptions to this requirement: A) The application is for a Specific Use Permit (SUP). B) The application is regarding a Board of Adjustment hearing. (BOA). The required sign shall be of a size of at least 24”x24”, and shall state, at minimum, the following: “City of Murphy Zoning Application. Please visit MurphyTX.org [or another applicable website/URL] for more information.” A minimum of one sign shall be placed per roadway frontage. (d) In addition to any notice required by this section the governing body of a municipality shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary Page 19 of 32  Agenda Item 5. B. under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice must: (1) be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the Planning and Zoning Commission hearing date; (2) contain the time and place of the hearing; and (3) include the following text in bold 14-point type or larger: "THE CITY OF MURPHY IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY." Page 20 of 32  Agenda Item 5. B. Tree Preservation The Tree Preservation section of code as existing has not had a major update since 2009. The ordinance as proposed gathers most of its content from the City of Southlake, which is considered a gold standard for Tree Preservation. Multiple cities in Texas have adopted a variant of Southlake’s Tree Preservation Ordinance No. 585-E. The following major components are proposed: 1) The protection of homestead residential trees over 24” in diameter and not located within 15’ of a home. Currently there are no protections for residential trees in Murphy. 2) The addition of more robust definitions to clarify when and where trees are protected, and require a Tree Permit for removal of trees. 3) It provides an option for property owners to pay a fee in lieu of replacing trees. (minimum of $150 per caliper inch commercial, $50 for residential) 4) In conformance with state law, corrects how to measure a protected tree from six inches above grade to “DBH”. 5) If a tree is to be replaced, requiring that the number of caliper inches equal the following: 1-to-1 for trees under 24 caliper inches, and 1-to-2 for trees more than 24 caliper inches. 6) Providing for a clear variance request procedure. 7) Requirement of a Tree Survey in certain circumstances. Page 21 of 32  Agenda Item 5. B. Article 26.08 Tree Preservation Applicability & Definitions. (A) This section applies to all existing and new residential and nonresidential development within the city. (1) DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided. Words and terms used in this Ordinance, but not defined in this Ordinance shall have the meanings contained in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there is an irreconcilable conflict, in which case the definition contained in this Ordinance shall control. ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to administer this Ordinance, or the department director’s designee. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree’s root system; severing the main trunk of the tree; inflicting damage upon the tree’s root system by driving vehicles, storing materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than fifty percent (50%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a horizontal circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from the trunk to the outermost portion of the drip line. Page 22 of 32  Agenda Item 5. B. DBH (DIAMETER AT BREAST HEIGHT): The diameter of a tree trunk, or, in the case of a multi-trunk tree, the total of the diameter of the largest trunk and one half (½) of the diameter of each additional trunk, measured at a height of 4 ½ feet above the ground. DRIP LINE: Whichever of the following encompasses the greatest area: (1) the irregular shape formed around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and extend to the ground, or (2) a circular area with a radius of one-half (½) the height of the tree extending outward from the center point of the tree. MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property owned by a governmental entity such as the City, county, state, federal government, school district or other such entity, such as City Hall, public parks, Corps of Engineers property, public rights of way (“R.O.W.”), libraries, fire stations, and water tower, water treatment and other public works facilities. OWNER: Any person holding a legal or equitable interest in land, or a lessee, agent, employee, or other person acting on behalf of such person. PERSON’S RESIDENCE: A person’s home; the place where someone lives or resides. PROTECTIVE FENCING: A physical and visual barrier installed around the critical root zone of a protected tree in order to prevent damage to the tree and its root system. TREE: Any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches or more when measured at a point four and one-half feet above ground level and an overall height of at least fifteen (15) feet at maturity. TREE, DISEASED, INFECTED OR DAMAGED: A tree that is: a. infected with a disease or a parasite making it reasonably likely that the tree will either die within one (1) year or pose a significant threat of infecting other trees of the same or similar species; or b. damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within one (1) year; or c. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public. TREE, PROTECTED: Any tree that has a DBH (diameter at breast height) of six (6) inches or greater except that of a bois d’arc, cedar or hackberry species. TREE PERMIT: The official authorization by the City required to alter any protected tree not exempted by this Ordinance. A Tree Permit shall require, at minimum, the following information: number of protected trees to be removed, caliper inches of trees, location of trees to be removed, the timeframe of removal, owner, contractor, and how the trees will be mitigated; either physically or with a fee. A Tree Survey may be required. Page 23 of 32  Agenda Item 5. B. TREE PRESERVATION FUND: A fund established by the city in which funds provided in lieu of physical replacement of trees on a site are deposited. These receipts shall solely be used for planting of trees in public spaces, maintenance of existing public trees, irrigation, or purchasing trees for the general public to plant on a Person’s Residence in the front yard. TREE SURVEY: A plan drawing that provides legend details about the location and details of trees and contains the information set forth in Appendix A (attached to and fully incorporated into this ordinance), including but not limited to drawings by a licensed surveyor, a licensed architect. A Tree Survey shall only be required if more than four (4) protected trees are to be removed, or more than thirty-six (36) caliper inches of protected trees are being removed on a single lot or tract. TREE TOPPING: The sever cutting back of branches to stubs larger than three inches in diameter within the tree’s canopy to such a degree so as to remove the normal canopy and disfigure the tree. UTILITY, PUBLIC/PROVIDER: The service or product provided by a utility provider, including but not limited to, the provision of gas, electric, water, waste water, drainage, storm water, telecommunications, cable, or telephone service for users within the City. (B) Purpose. (1) The purpose of his ordinance is to ensure that the indiscriminate removal of substantial trees in the city does not occur through reasonable protection of certain Protected Trees in the city. (C) Protected trees. (1) A protected tree is defined as a tree with a caliper of six (6) inches or larger, except that of a bois d’arc, cedar or hackberry species. Measurement shall be taken 4.5 feet from the ground, herein defined as “DBH”. Prior to the removal of a protected tree, a Tree Permit must be acquired from the City and a Tree Survey must be provided if the removal meets the criteria defined in Section a(1) of this subsection. The Tree Permit shall be acquired prior to any part of the tree removal operation. (D) Preservation and protection of existing trees. (1) All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under and extending outward to the existing dripline of the tree. All protected trees within or next to an excavation site or to a construction site for any building, structure or paving work shall be clearly marked and guarded with good substantial Protective Fencing, not less than four feet high and surrounding the entire Critical Root Zone of the tree. The barriers shall be approved by the Administrative Official or their designee, and shall be in place before any site clearance or other site-disturbing activity commences. All building material, dirt, excavation or fill materials, chemicals, construction vehicles, debris, and other materials shall be kept outside the barrier. Barriers shall remain in place until Page 24 of 32  Agenda Item 5. B. the final building and landscape site inspections are satisfactory completed and the certificate of occupancy has been issued for the premises. (E) Damage prohibited without a Tree Permit. (1) No person shall intentionally damage, cut, carve, transplant or remove any protected tree; attach any rope, wire, nails, advertising posters or any other contrivance to any protected tree; allow any gaseous, liquid or solid substance which is harmful to such plants to come in contact with any protected tree or with any of the area within its dripline; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any protected tree. (2) Tree Topping of a protected tree is not permitted. (3) No person shall excavate any ditches, tunnels or trenches, or place any paving or construction material, or park any type of vehicle within the Critical Root Zone of any protected tree. (F) Exemptions. (1) OFFENSE: A person commits an offense if the person alters any protected tree without a tree permit, unless the alteration is exempted by this ordinance. A person commits an offense if the person alters any protected tree in violation of the terms of a Tree Permit. (2) EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this Ordinance: a. Any tree that is Diseased, Infected or Damaged as defined herein; b. Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or other act of nature, provided that alteration of such a tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service; c. A tree located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the sale or intended sale to the general public in the ordinary course of the nursery’s business; d. Any tree that is less than twenty-four inches (24”) DBH and is located on a one- family or two-family residential property where the dwelling is the person’s residence (i.e. homestead), and in any instance where a tree greater than twenty-four inches (24”) is within fifteen feet (15’) of an existing structure, as measured from the wall plane to the “DBH” location of the tree. e. Trees within a Municipal/Public Domain Property, and shall only be removed by the respective public entity. (I) Tree Mitigation. Page 25 of 32  Agenda Item 5. B. (1) TREE REPLACEMENT For every protected tree removed, including fence row trees, the property owner shall be required to replace the tree/s with a total of trees of a size equaling the caliper inches removed, i.e. 1 to 1 caliper inch. For any tree over twenty- four (24) caliper inches, the replacement shall be 2 caliper inches per 1 removed. For every protected tree preserved on-site, the total caliper inches of replacement trees are permitted to be reduced if requested in writing via the Site Plan or Zoning Change approval process, or by Variance procedure described herein. (2) REPLACEMENT TREES Replacement trees shall be not less than three (3) caliper inches each, however the Administrative Official may permit an average planting of three (3) caliper inches with a minimum size of two (2) caliper inches if larger trees are placed in more prominent and visible locations of a development. All replacement trees shall conform to the standards of the approved plant list for the city and the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen, a copy of each of which shall be on file in the city’s community development department and may be updated from time to time without further amendment to this article. This requirement shall be in addition to the requirements of this article. (3) TREE MITIGATION FEE In lieu of Tree Replacement, an applicant for a Tree Permit may pay a fee defined in the official Fee Schedule to be adopted by the City of Murphy, but not be less than $150 per caliper inch for commercial properties, and $50 for residential properties. § 26.08.002 Approved plant list. (A) “Recommended Landscape Plant Materials for North Central Texas” by the Collin County Extension Agent’s office in Collin County, lists approved plants for this jurisdiction. § 26.08.003 Variance procedure. (A) VARIANCES The City Council may authorize a variance to any provision of this Ordinance following a recommendation from the Planning and Zoning Commission. A request for a variance to any provision in this Ordinance shall be accompanied by a Tree Survey, or other documentation requested by the Administrative Official, and the following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the Ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed; Page 26 of 32  Agenda Item 5. B. c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site; f. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses; h. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects the public health, safety or welfare; and k. Whether the granting of the variance will be in harmony with the spirit and purpose of this Ordinance to the greatest degree reasonably possible. (B) A person requesting a variance from the provisions of this Ordinance shall do so in writing to the Administrative Official. All variance requests shall be accompanied by a completed application and non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. In absence of such a fee schedule, the filing fee shall be the same as a Board of Adjustment application fee. There shall be no fee if the variance request is in tandem with a zoning change or Site Plan approval. (C) The Administrative Official shall then schedule a hearing of the variance at the next available Planning and Zoning Commission meeting and transmit all the documents pertaining to the appeal to the Planning and Zoning Commission at a reasonable time prior to the meeting. The Planning and Zoning Commission shall hear the variance to determine whether it should be granted or denied, and make a recommendation to the City Council. After the Planning and Zoning Commission makes its recommendation, the decision was in accordance with all the provisions of this Ordinance. The Administrative Official shall then request that the City Manager schedule a hearing of the variance at the next available City Council meeting and transmit all the documents pertaining to the appeal to the City Council at a reasonable time prior to the meeting. The City Page 27 of 32  Agenda Item 5. B. Council shall hear the variance to determine whether it should be granted or denied, and the decision of the City Council shall be final APPENDIX A Requirements for Tree Surveys Requirement 1. Appropriate title 2. Title Block with project name, address, lot and block number, subdivision, city, and date of preparation 3. North arrow, graphic, and written scale 4. Prepared by licensed surveyor, landscape architect, or other person as approved by the Administrative Official 5. Name, address, contact information of the owner and the person preparing the document 6. Location of all R-O-W lines, property lines, and easements (easement locations required for tree surveys only) 7. All individual trees shown on a plan tied by horizontal control (i.e. dimensions from lot lines, or placed through coordinates determined via a site survey 8. All individual protected trees shown with the caliper size and species 9. Location of all improvements proposed on the lot (buildings, parking lots, pools, etc.) 10. Areas of cut and fill, if any, on the site 11. Status of all individual trees on the lot after proposed improvements have been made (trees that protected, removed, or can possibly be saved based upon site specific conditions) 12. Identification of existing vegetative buffers adjoining existing development 13. Stream/creek buffers, if any Page 28 of 32  Agenda Item 5. B. Existing Tree Preservation Ordinance 26.08.0001 (a) Applicability. This section applies to all new residential and nonresidential development within the city. (b) Preservation of existing landscape. The existing natural landscape character, especially native oaks, elms and pecan trees, shall be preserved to the maximum extent reasonable and feasible. For example, within areas containing a mature stand of trees, developers and builders shall use best efforts to preserve such mature trees. Indiscriminate clearing or stripping of natural vegetation on a property or lot/tract is prohibited. Any part of a site not used for buildings, parking, driveways, walkways, utilities and approved storage areas shall be retained in a natural state, or reclaimed to its natural state, to the greatest extent feasible, or attractively landscaped in a manner that adds aesthetic value to the development and to the community as a whole. Underbrush/undergrowth is allowed to be removed with written approval from the city planner or parks superintendent. (c) Protected trees. A protected tree is defined as a tree with a caliper of six (6) inches or larger, except that of a bois d’arc, cedar or hackberry species. The removal of a protected tree must be specifically requested by the applicant and approved in writing by the city planner and parks superintendent prior to any action being taken to remove the tree or to damage or disturb the tree in any way. Caliper inches for a single-stem tree shall be the diameter of the trunk measured six (6) inches above the ground for a tree having a diameter up to and including eight (8) inches, and measured at four and one-half feet above ground for a tree having a diameter greater than eight (8) inches. Caliper inches for a multi-stem tree shall be the diameter of the trunk measured at the narrowest point below branching when branching occurs higher than twelve (12) inches above the ground. When branching occurs at or lower than twelve (12) inches above the ground, caliper means the diameter of the largest stem plus the average diameter of the remaining stems, measured at four and one-half feet above the ground. Removal of such trees without the approval required under this section is expressly prohibited. Prior to the removal of any protected tree, the property owner must first submit a letter to the city manager, or his designee, that describes in detail which tree will be removed, how the removal will be performed (and machinery and equipment needed), and the date and time whereupon the anticipated removal will occur. The letter shall also include a notarized statement by the owner that the tree to be removed is not a protected tree, as defined herein or that its removal will be in complete conformance with the provisions of this section. The letter shall be submitted at least one (1) week in advance of the removal operation, and written city approval shall be obtained prior to commencing any part of the tree removal operation. Page 29 of 32  Agenda Item 5. B. (d) Preservation and protection of existing trees. All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under and extending outward to the existing dripline of the tree. All protected trees within or next to an excavation site or to a construction site for any building, structure or paving work shall be clearly marked and guarded with a good substantial fence, frame or box not less than four feet high and surrounding the entire protected zone of the tree. The barriers shall be approved by the city planner and parks superintendent, and shall be in place before any site clearance or other site-disturbing activity commences. Any barrier with lesser dimensions than those specified above shall be subject to approval by the city planner and parks superintendent. All building material, dirt, excavation or fill materials, chemicals, construction vehicles or equipment, debris, and other materials shall be kept outside the barrier. Barriers shall remain in place until the final building and landscape site inspections are satisfactory completed and the certificate of occupancy has been issued for the premises. (e) Permit requirement for excavation, trenching, paving, etc. No person shall excavate any ditches, tunnels or trenches, or place any paving or construction material, or drive any type of machine within the protective zone, or within the dripline, of any protected tree without first obtaining a written permit from the city planner and parks superintendent. (f) Damage prohibited. Unless specifically authorized by the city planner and parks superintendent, no person shall intentionally damage, cut, carve, transplant or remove any protected tree; attach any rope, wire, nails, advertising posters or any other contrivance to any protected tree; allow any gaseous, liquid or solid substance which is harmful to such plants to come in contact with any protected tree or with any of the area within its dripline; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any protected tree. (g) Removal of existing trees. The removal of an existing tree from a development site must be in accordance with this article and all other applicable ordinances of the city. (h) Exceptions. (1) Page 30 of 32  Agenda Item 5. B. Dangerous conditions. If the owner determines that an emergency situation exists that requires the immediate removal of a tree to protect the safety of persons or property, then the owner may remove the tree only to the extent necessary to eliminate the dangerous situation without a tree removal permit. However, the owner must immediately apply for a tree removal permit. (2) Utility companies. Utility companies franchised by the city in easements or rights-of-way accepted by the city or otherwise authorized to provide utility service may remove protected trees that endanger public safety and welfare by interfering with utility service. Any trimming and/or removal of protected tree by a utility company requires written approval by the city planner and parks superintendent. (3) City property. City property shall not be subject to this section. City property, including rights-of-way, streets, and easements for public purpose, parks, and any other property under the jurisdiction of the city, shall be regulated by the requirements of this code. (4) Single-family residential property. Developed property which is zoned in a single-family residential classification and where an existing residence is located shall not be subject to this section. (i) Tree credits. (1) Negative tree credits. For every protected tree removed, including fence row trees, the property owner shall receive negative tree credits for each caliper inch removed or shall be required to plant replacement trees as follows: (A) Trees six (6) to ten (10) caliper inches, one (1) negative credits for each caliper inch. (B) Trees 10.1 to 15 caliper inches, two (2) negative credits for each caliper inch. (C) Page 31 of 32  Agenda Item 5. B. Trees 15.1 to 24 caliper inches, three (3) negative credits for each caliper inch. (D) Trees 24.1 caliper inches or larger, four (4) negative credits for each caliper inch. (2) Replacement trees. Replacement trees shall be not less than three (3) caliper inches each. All replacement trees shall conform to the standards of the approved plant list for the city and the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen, a copy of each of which shall be on file in the city’s community development department and may be updated from time to time without further amendment to this article. This requirement shall be in addition to the requirements of this article. (3) Tree credit. For every protected tree preserved, credit shall be given at a ratio of one (1) credit for each caliper inch preserved. (2006 Code, sec. 28-181; Ordinance 09-05-797, sec. 2 (art. VII, sec. 1), adopted 5/18/09; Ordinance adopting 2015 Code; Ordinance 18-04-1083 adopted 4/17/18) § 26.08.002Approved plant list. “Recommended Landscape Plant Materials for North Central Texas” by the Collin County Extension Agent’s office in Collin County, lists approved plants for this jurisdiction. (2006 Code, sec. 28-182; Ordinance 09-05-797, sec. 2 (art. VII, sec. 2), adopted 5/18/09) § 26.08.003Variance procedure. (a) The planning and zoning commission shall hold a public hearing on any request for a variation or exception to the standards provided by this article. The planning and zoning commission may not recommend a variation or exception unless the planning and zoning commission determines that the variation or exception will not substantially alter the intent of the standards established by this article. (b) All recommendations of the planning and zoning commission under this article shall be forwarded to the city council. When the planning and zoning commission denies a request for a variation or exception to the standards set forth in this article, a hearing before the city council shall be set only if a written appeal is filed by the applicant with the city manager or his/her designee within 15 days of the date of the denial. Page 32 of 32