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Attachments:Meeting Minutes 1/8/2015 Meeting Minutes 1/15/2015 DateVer.Action ByActionResult Consider and take appropriate action regarding the January 8, 2015 and January 15, 2015 Planning and Zoning Commission meeting minutes. Planning & Zoning CommissionPage 3 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Meeting Minutes Planning & Zoning Commission ______________________________________________________________________ January 8, 2015 7:00 P.M. Svore Municipal Building Boardroom ______________________________________________________________________ SPECIAL SESSION The Planning and Zoning Commission of the Town of Trophy Club, Texas, met in SpecialSession on Thursday, January 8, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § PLANNING AND ZONING COMMISSIONERS PRESENT: Dennis SheridanChairman Larry VowellVice Chairman Brent CardCommissioner Jon MillsCommissioner LuAnne Oldham Commissioner Susan RossCommissioner Richard Senelly Commissioner STAFF AND GUESTS PRESENT: Matt Jones Senior Planner Robbie KillingsworthRecording Secretary Matt Moore Claymore Engineering RianMaguire CHC Development Rory Maguire CHC Development Greg Lamont Mayor Pro Tem, Place 5 Philip Shoffner Council Member, Place 6 CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridancalled the January 8,2015, Planning and Zoning Commission meeting to order at 7:01p.m.and announced a quorum present (7 members). Commissioners review the staff update. REGULARSESSION 1.Discussion and recommendation regarding a request for approval of a Site Plan for Lot 2, Block 1, Trophy Club Village Centre, Trophy Club, TX. This item was tabled at the December 11, 2014 Planning and Zoning Commission meeting and is on the Town Council agenda for Tuesday, January 13, 2015. Applicant, Matt Moore with Claymore Engineering on behalf of CHC Development, presented a brief overview of revised site planand is requesting site plan approval for an 8,711 sq. ft. medical office building.Rian Maguire and Rory Maguire with CHC Development also answered questions from Commissioners. Matt Jones, Senior Planner, addressed Commissioner’s questions and comments. Chairman Sheridan asked for questions and discussion by Commissioners. Chairman Sheridan asked for a motion. Motion made by Commissioner Senellyto approve this project with the conditions we have discussed. No second was made. Motion died for lack of a second. Planning & Zoning CommissionPage 4 of 45May 7, 2015 Chairman Sheridan asked for discussion by Commissioners. Commissionersdiscussed: recessed entryways; detailed door-swing plans; corner monument sign; remaining ten-foot sign, site plan notenot complete; four inch caliper trees and two and one-half inchcaliper trees; three footcaliper trees; twenty-four inchheight requirements for screening plants; HVAC not shielded; re-approvedumpster; Fire Lanes; “revision” block on Site Plans Matt Jones, Senior Planner,addressed Commissioner’s questions and comments. Chairman Sheridan asked for a motion. Motion made by Chairman Sheridan, seconded by Commissioner Vowell,to recommend approval of a site plan for Lot 2, Block 1, Trophy Club Village Centre, Trophy Club, TX, subject tothe following: Monument sign to be removed. Remaining sign lowered from ten foot to eight foot. Add note to Site Plan stating upon Site Plan approval, application for individual sign permits are required and must meet PD regulations. Landscape/shield. Four foot recessed doors. Provide detailed door-swing plans. Motion carried 5 to 2 with Commissioner Ross, Vice Chairman Vowell,Chairman Sheridan, Commissioner Senelly, andCommissioner Oldham voting forandCommissioner Cardand Commissioner Millsvoting against. 2.Future Agenda Items and questions or discussion of current and future items. Future agenda items: Staff reports there has been a submittal under review for a Preliminary Plat for Hillside Pointe located in Planned Development No. 33. Questions or discussion of current andfuture items: •Review Development Standards for R-12, R-15, CR, and park landzoning districts. • Review and make modification recommendations to council for Chapter 13, Section 5.09.B.3. • Signs: real estatesigns, politicalsigns,and signs on fencesat Byron Nelson ball field. • Zoning violations. • Architectural: committee, review, DRC \[Development Review Committee\] comments and final review, staff reports and documentation • More time with materials before monthly Planning and Zoning Commission meetings. • Minimum time frame for materials before staff. Matt Jones, Senior Planner, addressed Commissioner’s questions and comments. Formal development schedule submittal timeline developed, is in final stages, and to be launched on website. ADJOURN Chairman Sheridanasked for a motion. Motion made by Commissioner Senelly, seconded by Commissioner Card,to adjourn. Motion carried unanimously.Meeting adjourned at 8:42 p.m. ______________________________________________________________________ Dennis Sheridan, ChairmanMatt Jones,Senior Planner Planning and Zoning CommissionCommunity Development Town of Trophy Club, Texas Town of Trophy Club, Texas January 8, 2015 Minutes Page 2 of 2 Planning & Zoning CommissionPage 5 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Meeting Minutes Planning & Zoning Commission ______________________________________________________________________ January15, 2015 7:00 P.M. Svore Municipal Building Boardroom ______________________________________________________________________ STATE OF TEXAS § COUNTY OF DENTON § PLANNING AND ZONING COMMISSIONERS PRESENT: Dennis SheridanChairman Larry VowellVice Chairman Brent CardCommissioner LuAnne OldhamCommissioner Richard Senelly Commissioner PLANNING AND ZONING COMMISSIONERS ABSENT: Jon MillsCommissioner excused Susan RossCommissioner excused STAFFAND GUESTS PRESENT: Matt Jones Senior Planner Robbie KillingsworthRecordingSecretary Tom Dayton representing J. Volk Consulting Greg Lamont Mayor Pro Tem, Place 5 The Planning and Zoning Commission of the Town of Trophy Club, Texas, met in Regular Session on Thursday, January 15, 2015. The meeting was held within the boundaries of the Town and was open to the public. CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridancalled the January 15, 2015, Planningand Zoning Commission meeting to order at 7:03 p.m.and announced a quorum present (5 members). 1.2015-044-T Consider and take appropriate action regarding the December 11, 2014 Planning and Zoning Commission meeting minutes. Chairman Sheridan asked for corrections or comments on the December 11, 2014, Planning and Zoning Commission meeting minutes. Chairman Sheridan asked for a motion. Motion made by Commissioner Senelly, seconded by Commissioner Card, to approve the December 11, 2014, Planning and Zoning Commission meeting minutes. Motion passed unanimously. REGULAR SESSION Chairman Sheridan stated that the second item on the agenda will be switched with the fourth item on the agenda. The fourth agenda items is: Future Agenda Items. Planning & Zoning CommissionPage 6 of 45May 7, 2015 4. 2014-1364-T Future Agenda Items and questions or discussion of current and future items. Chairman Sheridan asked for the staff report. Staff reportwas given by Matt Jones, Senior Planner. On Tuesday night January 13, 2015, the town council metand discussed: 1. The site plan for phase 2 of the medical office building, Lot 2, Block 1, Trophy Club Village Centre. stucco features, recessed entryways, two service doors recessed at rear of building, adjustinterior finish-out at entryway allowed, reduce monument sign to 8’, landscape plan,parking islandin rear of building. Council approvedthe site plan presented with theminor two changes to the two servicedoors on the back of the building and allowing them to alter the front, keeping the overall look and the symmetry of the building, they passed it as you recommended. 2.Wonderland Plaza,Montessori school,restaurant and retail The replat and the preliminary plat for developmentwas approved. The site plan was brought back before Town Council. The applicant added parking island landscape in between the hidden parking as Planning and Zoning recommended. A crosswalk was added. Developer to remove the six-foot chain link fence and replace with wrought iron decorative metal fence along their property line. Developer to pay for the crosswalk improvements.Applicant will pay for signs needed. Discussion on Fire Lane, sprinkling building, providing remote fire suppression system, and meeting code. After short discussion by commissioners item 2014-1364-T was tabled until later in the meeting. 2.2015-0042-T Discussion and recommendation regarding a request for a Preliminary Plat forHillside Pointe, Block A, Lots 1-33, CA1, CA2, and Block B, Lot 1; being a replat of Lot 4, Block B, Trophy Wood Business Center, containing approximately 5.596 acres of land, located in the Town of Trophy Club, Tarrant County, Texas, and being located in Planned Development No. 33. Chairman Sheridan asked applicant to come forward. Tom Dayton on behalf of applicant Matt AtkinswithJ. Volk Consulting, addressed the commissioners. Chairman Sheridan asked for a staff report. Matt Jones, Senior Planner gave a brief explanation of the platting process and then gave staff report. The preliminary plat has been reviewed for compliance with the Town’s SubdivisionOrdinance, as well as the Development Standards for PD-33. Staff recommends approvalwith the following conditions: • Provide adequate labeling on the plat to verify that all lots meet the minimum 40’in width at the front building line. • Provide5’ fence easement on south side of develop to meet PD regulations. Chairman Sheridan asked for questions and discussion. Inconsistencies/inaccuraciesin labeling on preliminary plat were pointed out.Changes/additions to notes, drainage, and easements werediscussed. ChairmanSheridan asked for a motion. Motion made by Chairman Sheridan, seconded by Commissioner Card, to table item 2015-0042-T until the next meeting. Motion passed unanimously. January 15, 2015 Minutes Page 2 of 5 Planning & Zoning CommissionPage 7 of 45May 7, 2015 3.2015-0043-T Discussion and direction to Town Staff regarding changes to The Townof Trophy Club Zoning Ordinance, Chapter 13, Section 5.09 - Site Plan Requirements. The Town of Trophy Club Zoning Ordinance Chapter 13, Section 5.09 Site Plan Requirements Whenever a site plan is required by this Ordinance, such site plan must conformto the requirements ofthis Section. Except as otherwise provided herein, all site plans must be approved by the Town Councilupon recommendation of the Planning and Zoning Commission. A.Requirement prior to Building Permit When required by this ordinance,a site plan must be approved prior to issuance of a building permit by the Town. B.Changes to the Site Plan Changes to the site plan shall be processed in the same manner as the original approved site plan. 1.Except as otherwise provided in Section 5.09(B)(3) below, any site plan that is amended shall require approval of the Town Council upon recommendation of the Planning and Zoning Commission. 2.Changes to the site plan which will affect the use of the land shall require either aamendment to a PD ora rezoning of property, whichever applies,and shall require theappropriate public hearings. 3.Changes of details within a site plan which do not alter the basic physical relationship of theproperty to adjacent property, do not alter the use permitted, increase the density, floor area,height, or reduce the yards provided at the boundary of the site as indicated on the approvedsite plan, may be authorized by the Town’s Planning and Zoning Administrator. An aggrievedparty may appeal the decision of the Town’s designee to the Zoning Board of Adjustment in accordance with the provisions of this Ordinance. C. Council Approval Upon recommendation by the Planning and Zoning Commission, Council approval of a site plan thataccompanies a zoning change request shall become part of the amended ordinance. Hearings heldby the Council for consideration of approval of such zoning change and accompanying site plan shallbe conducted in accordance with the provisions of Section 8.06, Public Hearings. D. Compliance with Town Design Standards The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the Town. E. Site Plan Contents The site plan shall contain the information listed below and any or all of January 15, 2015 Minutes Page 3 of 5 Planning & Zoning CommissionPage 8 of 45May 7, 2015 the required features may beincorporated on a single drawing if such drawing is clear and capable of evaluation by the Planningand Zoning Commission, the Town Council and the staff personnel required to enforce and interpretthis Ordinance. l.The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within one hundred feet (100’). 2.Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. 3.Design of ingress and egress. 4.Off-street parking and loading facilities, and calculations showing how the quantities wereobtained. 5.Height of all structures. 6.Proposed uses. 7.Landscape plan 8.Tree Survey indicating location, size, and type of all existing trees. 9.The location and type of all signs, including lighting and heights. 10.Elevation drawings citing proposed exterior finish material. 11.Street names on proposed streets. 12.Proposedwater, wastewater collection, and storm sewer lines; proposed grading anddrainage patterns. 13.Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if theproperty is not to be final platted or if engineering drawings have not been previouslysubmitted for the site. If the property is to be final platted, these may be provided at that time. 14.Utility and drainage easements for dedicated infrastructure, if required. 15.Such additional terms and conditions, including design standards, as the Planning and ZoningCommission and the Town Council deem necessary. Questions and discussion between Commissioners and staff liaison Matt Jones. Chairman Sheridan proposed the ordinance be looked at for change, not to eliminate administrative change but to put common sense limitations to it. Matt Jones clarified that this is discussion and direction to staff to come up with something. He suggested the staff be given specific direction such as elevation changes, things of that nature, so that it is not so subjective. Commissioners discuss the wording “no significant change”and “change to approved elevations”. It was suggested that reasonable substitute for wording be researched.Chairman Sheridan commented that January 15, 2015 Minutes Page 4 of 5 Planning & Zoning CommissionPage 9 of 45May 7, 2015 staff is in the process of getting formal timeline for the development schedule. Document submission was discussed.The commissionersaskedwhat takes place duringinspection processwhen approved site plan is notfollowed. Staff stated that it is a zoning violation if approved site plan is not followed and we have the authority to pursue it. Commissioners continued questions and discussion on specific direction for staff on ordinance changes. Commissioners requested a public hearing item on the agenda for February 19, 2015 to change, alter, review the Town ofTrophy Club Zoning Ordinance, Chapter 13, Section 5.09 - Site PlanRequirements. Chairman Sheridan asked for any further comments or questions on this agenda item. No questions were received. Chairman Sheridan closed agenda item 2015-0043-T. Chairman Sheridan asked to continue item 2014-1364-T Future Agenda Items and questions or discussion of current and future items. Chairman Sheridan asked staff for any future agenda items. Matt Jones listed the following future agenda items: •Town Council had a workshop session for sign regulations. Staff is working on documents to putbefore Planning and Zoning Commission on the February 5, 2015 meeting. • Hillside Pointe •Two temporary use permits for construction trailers Questions and discussion between Commissioners and staff after a copy of the development schedule was passedout to the commissioners. Commissionersadded to the future agenda items the following: • Review of R-11 and R-15 zoning requirements. • Stage 2 water restrictions th anniversary celebration to Commissioner Senelly reminded everyone of the Town of Trophy Club’s 30 be held at the Trophy Club Country Club January 17, 2015. ADJOURN Chairman Sheridanasked for a motionto adjourn. Motion made by Commissioner Senelly, seconded by Commissioner Vowell,to adjourn. Motion passed unanimously.Meeting adjourned at 8:50p.m. ______________________________________________________________________ Dennis Sheridan, ChairmanMatt Jones,Senior Planner Planning and Zoning CommissionCommunity Development Town of Trophy Club, Texas Town of Trophy Club, Texas January 15, 2015 Minutes Page 5 of 5 Planning & Zoning CommissionPage 10 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0297-T Version:1 Name: Type:Agenda Item Status:Draft File created:4/30/2015 In control:Planning & Zoning Commission On agenda:5/7/2015 Final action: Title:Public Hearing to consider a request for a Specific Use Permit for a liquor store located on Lot 1, The Village at Trophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. Attachments:Staff Report Exhibit "A" - Application and Materials Submitted by Applicant Exhibit "B" - Correspondence Received Exhibit "C" - Pictures and Exhibits Provided by Staff DateVer.Action ByActionResult PublicHearingtoconsiderarequestforaSpecificUsePermitforaliquorstorelocatedonLot1,TheVillageatTrophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. Planning & Zoning CommissionPage 11 of 45May 7, 2015 STAFF REPORT Planning and Zoning Commission May 7, 2015 SUP-15-004: 2003State Highway 114 SUBJECT : Consideration of a request for a Specific Use Permit for a liquor store located on Lot 1, The Village at Trophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. REQUEST: The applicant,Clay W. Stockton,has submitted a request for a Specific Use Permit (SUP) in order to operate a liquor store called "6S Spirits" in the Village Shopping Center located at 2003 State Highway 114. The proposed package store will encompass 3,000 square feet on the eastern end cap of the shopping center(next to the existing 7-11). The store intends to sell liquor, beer and wine. The applicant has submitted a proposed floor plan showing the layout of the proposed liquor store. ZONING: The property is zoned PD-Planned Development District and is located within PD 13. PD 13 was originally approved by Ordinance 95-20 on November 21, 1995. On July 18, 2011, Ordinance 2011-26 was approved which added the use of a liquor store, upon approval of an SUP, to the permitted uses for Tract 1. CURRENT CONDITIONS: The subject property contains3.8 acres withtwo multi-tenant retail buildings. The buildings were constructed in 1998 and each buildingcontains 18,750 square feet. The proposed business would be locatedin the east end cap of the east building which is currently vacant. The property is platted. LIQUOR STORE HISTORY: On May 14, 2011, Trophy Club residents voted to approve liquor sales for off-premise consumption through a local-option election. Since that time, three liquor stores have been approved to operate in the Town as follows: Page 1 of 4 Planning & Zoning CommissionPage 12 of 45May 7, 2015 Majestic Fine Wine and Spirits - The Village Shopping Center (2001 State Highway 114, Suite 100) Closed in December 2012 Cheers Fine Wine and Spirits - The Village Shopping Center (2001 State Highway 114, Suite 100) Closed in February 2014 Liquor Stop – The Plaza Shopping Center (SH 114 & Trophy Lake Drive) Store never opened To date, there are currently no liquor stores operating in Trophy Club. HOURS OF OPERATION: The Texas Alcoholic Beverage Code (TABC) mandates that all package (liquor) stores cannot sell, offer for sale, or deliver any liquor on: New Year 's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. SIGNAGE: The applicant did not provide any signage exhibits. All signage, at a minimum, shall meet the minimum requirements of the Town sign regulations, PD-13, as well as Section 108.52 of the Texas Alcoholic Beverage Code, which regulates signage for liquor (package) stores. TRAFFICGENERATIONAND ACCESS: The applicant is not required to provide a Traffic Impact Analysis (TIA)since this request does not involve any new development and the use is not anticipated to generate excess traffic beyond the existing capacity of the shopping center. The Institute of Transportation Engineers publication “Trip Generation” provides estimates of expected traffic generation based on land use. There is no category for liquor stores in the publication. However, during peak periods, liquor stores can generate traffic patterns that are comparable to convenience stores with gasoline sales. Therefore, based on the calculation of a convenience store with gasoline sales, a liquor store containing 3,000 square feet of gross floor area is expected to generate 429 trips per day, on average during peak periods. In terms of access, the shopping center contains two direct access driveways to State Highway 114 and one indirect access through Tract 2, which contains 7-11, via a mutual access drive/easement to State Highway 114 and to Trophy Club Drive. The shopping center contains a continuous fire lane that circumnavigates both retail buildings and links directly to all means of vehicular ingress and egress to the property. Page 2 of 4 Planning & Zoning CommissionPage 13 of 45May 7, 2015 PARKING: Chapter 13-Zoning Regulations requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and liquor stores. Based on this requirement, a minimum of 15 parking spaces are required for the proposed use. According to a staff survey ofcurrent parking, a total of 174 parking spaces exist on Tract 1 that serves the entire 37,500 square foot shopping center. However, given a total gross floor area of 37,500 square feet, 188 parking spaces are required. The resulting deficit of 14 spaces is addressed when adding the parking spaces on Tract 2, which contains the 7-11 convenience store, with the existing 174 spaces on Tract 1. Tract 2 contains 48 parking spaces, which is 15 more spaces than the minimum requirement of 33 spaces given the total gross floor area on Tract 2 of 6,498 square feet. As such, given the stipulation contained in Exhibit “C”, Section (B)12 of PD-13 ordinance 95-20, which states: “Shared parking is allowed and can be used in calculations to provide minimum total spaces for overall site” the surplus parking contained on Tract 2 brings the parking supply on Tract 1 into compliance. DISTANCE REQUIREMENTS AND PROXIMITY INFORMATION: Section 5.02(B) of the Trophy Club Code of Ordinances states that no alcoholic beverages may be sold within three hundred feet (300’) of a church, public school or private school, or public hospital. The following measurements detail the proximity of the proposed package store to the uses listed below. Allmeasurements are calculated based on a straight line drawn from the front door of the proposed liquor store to the closest point of the building mentioned below. For churches and hospitals the required measurement method prescribed by the Code of Ordinances would yield a significantly greater distance than is shown below: Minimum separation of 300 feet required per Code of Ordinances: Distance to closest school (public or private): 1.1 miles Distance to closest church: 1,071 feet Distance to closest hospital: 3.7 miles (Southlake) No minimum separation required: Distance to closest residence: 190 feet Distance to closest day care: 4,155 feet FUTURE LAND USE: The 1997 Trophy Club Comprehensive Land Use Plan recommends “commercial/professional” land uses for the subject property. The proposed use conforms to this recommendation. PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearingconcerning the zoning requestwas published in the Fort Worth Page 3 of 4 Planning & Zoning CommissionPage 14 of 45May 7, 2015 Star Telegram. Notice was also mailed to 70 property owners within 500 feet of the subject property. Courtesy notices were sent to all business within The Village shopping center and to the town of Westlake. To date, one letter of support has been received. STAFF REVIEW AND RECOMMENDATION : The applicant proposes to open a liquor store in a 3,000 square foot lease space on the eastern end-cap of the easternmost building on Tract 1 in The Village shopping center. The proposed liquor store meets the proximity requirements from churches, schools and hospitals set forth in the Code of Ordinances. According to the PD-13 regulations, a liquor store is allowed to operate with the approval of a Specific Use Permit by the Town Council upon a recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission’s options regarding action of this request are as follows: 1. Recommend approval of the request as submitted; 2. Recommend approval of the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial of the request. Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant Exhibit “B” – Correspondence Received Exhibit “C”– Pictures and Exhibits Provided by Staff Page 4 of 4 Planning & Zoning CommissionPage 15 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 16 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 17 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 18 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 19 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 20 of 45May 7, 2015 Exhibit "A" 40FT BA./RM 7X8 STORAGE BA./RM 28FT 7X8 12X18 BREAKROOM DOOR CHECK OUT ENTRY Planning & Zoning CommissionPage 21 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 22 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 23 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 24 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 25 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 26 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 27 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 28 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 29 of 45May 7, 2015 Exhibit "A" Planning & Zoning CommissionPage 30 of 45May 7, 2015 Exhibit "B" Planning & Zoning CommissionPage 31 of 45May 7, 2015 Liquor Store Proposed 2015 Location 7, May Location Map 1 4 1 Exhibit "C" of 45 H 32 S Page Property Subject Tract 1 Commission Zoning & Planning 2015 7, May Approved PD 13 Site Plan Exhibit "C" of 45 33 Page Liquor Store Location Proposed Commission Zoning & Planning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0299-T Version:1 Name: Type:Agenda Item Status:Draft File created:4/30/2015 In control:Planning & Zoning Commission On agenda:5/7/2015 Final action: Title:Public Hearing to Consider Amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.09(B)3-Site Plan Requirements, concerning authorized approval of changes to a site plan. Attachments:Staff Report Exhibit “A” – Proposed Amendments to Section 5.09, Chapter 13 - Zoning DateVer.Action ByActionResult PublicHearingtoConsiderAmendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingChapter13- Zoning,ArticleV-SupplementaryDistrictRegulations,Section5.09(B)3-SitePlanRequirements,concerningauthorized approval of changes to a site plan. Planning & Zoning CommissionPage 34 of 45May 7, 2015 STAFF REPORT Planning and Zoning Commission May 7, 2015 ADM-15-010: Zoning Ordinance Text Amendment SUBJECT : Consideration of Amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.09(B)3-Site Plan Requirements, concerning authorized approval of changes to a site plan. Explanation: This item involves a second initiative to address the current procedure for administrative changes to the site plan approval process contained in Section 5.09 of the zoning regulations in the Code of Ordinances. The Planning and Zoning Commission first considered potential amendments on February 5, 2015, which were then forwarded to the Town Council for consideration on February 24, 2015. The Town Council did not vote on any amendments and, therefore, the public hearing expired. At the February 5, 2015 meeting, the Commission discussedwhether or not ordinance language could be drafted that would be clear enough from anadministrative decision standpoint while still holding true to the plans that had been approved by the Planning and Zoning Commission andTown Council. The Commission then voted to remove Section 5.09(B)3 in its entirety by a vote of (4-1) in forwarding the amendments to the th Town Council for consideration on February 24agenda. Staff Analysis and Recommendation: Based on discussion and feedback received at the February 24, 2015 Town Council meeting and subsequent to said meeting, staff has drafted proposed standards, attached as Exhibit “A” andshown in “mark-up” format. The amendments would provide some flexibility for Town staff to approve “minor changes of details within a site plan” but provides more criteria for determining when, and if, staff can authorize any changes.The point of this potential code change is to ensure that there is no deviation to the original intent of the Planning and Zoning Commission and Town Council in approving the site plan and, likewise, to the pertinent zoning conditions for the development.That said, in minor authorizing staff to approve changes, a pragmatic, context sensitive, decision making apparatus is more clearly framed in approving minor deviations to the Page 1 of 4 Planning & Zoning CommissionPage 35 of 45May 7, 2015 development that clearly do not abrogate any Council intent or development code requirements. The reason for leaving some staff approval authority in place is to balance the Town’s high quality development expectations with an efficient, business realistic, development process that stems from the recognition that once construction begins there are often unforeseen issues related to site conditions,the availability of certain building materials, etc.For example, most construction contracts have anywhere from a five percent to twenty percent cost overrun contingency built-in depending on the project recognizing that, notwithstanding the weather, unplanned issues and impediments may arise during construction. Examples of minor deviations could include, depending on the development conditions for the site, utility connections and access, minor parking lot changes where a small number of spaces are adjusted to another part of the site, minor building facade changes, minor adjustments to landscaping and/or open space including retention/detention ponds. It is important to note that, under the amendments as currently proposed, staff could not grant anychange that does not comply with any codified development requirements applicable to the property as well as any conditions imposed by the Town Council as part of the approval of the site plan.As the potential changes are currently drafted, where any doubt would exist as to whether staff could approve a minor change, the Town Council, upon the recommendation of the Planning and Zoning Commission,would then be required to approve the change. The following are the results of a survey performed by staff in January of area municipal requirements relative to the site plan approval process: Colleyville D. Site Plan Approval Required –Where the property is zoned CPO, CN, CC, ML, SU, PUD-C, or PUD-I, a site plan shall be submitted for review and approval to the Administrative Official prior to the issuance of a building permit. Roanoke: Revisions to the Approved Site Plan. (1)Minor revisions/amendment.It is recognized that final architectural and engineering design may necessitate minor changes in an approvedsite plan. In such cases, the City Manage, or his/her designee shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan" which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager or his/her designee refuses to approve an amended site Page 2 of 4 Planning & Zoning CommissionPage 36 of 45May 7, 2015 plan, then the applicant shall re-submit the amended site plan as a "revised site plan" as described in Subsection (2) below, whereupon the revised site plan shall be scheduled for consideration by the Planning and Zoning Commission and City Council. Keller D. Approval Process For Site Plans 1.Modified Site Plans for existing buildings or Site Plans for parking improvements may be approved by the Development Review Committee if it meets all applicable requirements.The DRC’s decision may be appealed to the Planning and Zoning Commission and City Council. 2. Site Plans within the Town Center (TC) Zoning District shall be approved by City Council after a recommendation from the Planning and Zoning Commission. All other site plans shall be approved by the Director of Community Development and the City Manager orhis/her designee if it meets all applicable requirements of this Ordinance for development.The City Manager’s decision may be appealed to the Planning and Zoning Commission and City Council. (Amended by Ord. No. 1515 on July 20, 2010) 3. If variances are requested, the Site Plan shall be considered by City Council after a recommendation by the Planning and Zoning Commission. Based on the Development Review Committee’s review, staff will prepare a report and recommendation for the Planning and Zoning Commission. Staff can recommend approval, conditional approval, ordenial based on the requirements of this Ordinance. A copy of this informationand anagenda for the Planning and Zoning Commission meeting at which the application will bediscussed will be available to the applicant on the Friday prior to that Planning and ZoningCommission meeting. The Site Plan will be placed on a City Council agenda within thirty(30) days following the Planning and Zoning Commission meeting. The applicant shallsubmit one (1) collated and folded 24” x 36” copy and twelve (12) 11” X 17” reductions ofthe Site Plan at least ten (10) days prior to the City Council meeting. 4. Prior to the City Council meeting, staff will provide to the applicant a copy of the staff report and recommendations, and the City Council agenda. The City Council can approve, approve with conditions, or deny a Site Plan. After the City Council approves a Site Plan,if final architectural or engineering design necessitates minor changes in the approved SitePlan, the changes may be approved by the Director of Community Development, providedthat they do not materially alter traffic circulation, building location, or any conditions attached to the City Council’s approval of the Site Plan. Southlake 40.6 ADMINISTRATIVE ACTION - On approval of the development plan or site plan by the CityCouncil, or the Administrative Staff, as appropriate, all necessary permits or certificates authorized thereby may be issued. Page 3 of 4 Planning & Zoning CommissionPage 37 of 45May 7, 2015 a.Subsequent to such approval, minor changes may be authorized by the Administrative Official when such minor changes will not cause any of the following circumstances to occur: 1. A change in the character of the development; 2. An increase in the ratio of the gross floor areas in structures to the area of any lot; 3. An increase in the intensity of use; 4. A reduction in the originally approved separations between buildings; 5. An increase in the problems of circulation, safety, and utilities; 6. An increase in the external effects on adjacent property; 7. A reduction in the originally approved setbacks from property lines; 8. An increase in ground coverage by structures; 9. A reduction in the ratio of off-street parking and loading space to gross floor area inthe structures. 10. A change in the subject, size, lighting, flashing animation or orientation of originally approved signs. b.Any proposed amendment to a development plan or site plan, previously approved by the Planning and Zoning Commission and the City Council, which in the opinion of the Administrative Official does not meet the criteria of sub-paragraph 40.6a above may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. Recommendation: Staff recommends approval of the amendments as presented. Attachments: Exhibit “A” – Proposed Amendments to Section 5.09, Chapter 13 - Zoning Page 4 of 4 Planning & Zoning CommissionPage 38 of 45May 7, 2015 Exhibit "A" Potential Amendments to Section 5.09 - Trophy Club Code of Ordinances Section 5.09 Site Plan Requirements Whenever a site plan is required by this Ordinance, such site plan must conform to the requirements of this Section. Except as otherwise provided herein, all site plans must be approved by the Town Council upon recommendation of the Planning and Zoning Commission. A. Requirement prior to Building Permit When required by this ordinance, a site plan must be approved prior to issuance of a building permit by the Town. B. Changes to the Site Plan Changes to the siteplan shall be processed in the same manner as the original approved site plan. 1. Except as otherwise provided in Section 5.09(B)(3) below, any site plan that is amended shall require approval of the Town Council upon recommendation of the Planning andZoning Commission. 2. Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings. 3. Minor cChanges of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by theTown Manager or their designeewhen such minor changes will not cause any of the following circumstances to occur:Town’s Planning and Zoning Administrator. An aggrieved party may appeal the decision of the Town’s designee to the Zoning Board of Adjustment in accordance with the provisions of this Ordinance. a.Asignificant change in the physicaland aestheticcharacter of the development; b.Changes to any development requirement and/or preference imposed by the Town Council as a condition of approval of the site plan; c.Notwithstanding the requirements of sub-section “b” above, any change to a landscaping, building design or other requirement not mentioned below such that the changeis not generally consistent with the approved plan(s) andfails to meet the minimum requirements of any Town ordinance, pertinent PD district, Specific or Conditional Use Permit,or any other valid legislative regulation imposed on the site; d.An increase infloor area and/or the ratio of the gross floor areas in structures to the area of any lot; e.An increase in the intensity of useand/or density of residential units; f. A reduction in the originally approved separations between buildings; g. An increase in any impacts related to traffic circulation, publichealth andsafety, utility construction; h.An increase in any effectof the development uponon adjacent propertyincludinglight, noise, odorand visual obstruction; i.A reduction in the originally approved setbacks from property lines; Planning & Zoning CommissionPage 39 of 45May 7, 2015 Exhibit "A" Potential Amendments to Section 5.09 - Trophy Club Code of Ordinances j. An increase in height of any structures; k. An increase in ground coverage by structures; l.A reduction in the ratio of off-street parking and loading space to gross floor area inthe structures. m. A change in the subject, size, lighting, flashing animation or orientation of originally approved signs. C. Council Approval Upon recommendation by the Planning and Zoning Commission, Council approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Hearings held by the Council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of Section 8.06, Public Hearings. D. Compliance with Town DesignStandards The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the Town. E. Site Plan Contents The site plan shall contain the information listed below and any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning and Zoning Commission, the Town Council and the staff personnel required to enforce and interpret this Ordinance. Planning & Zoning CommissionPage 40 of 45May 7, 2015 Exhibit "A" Potential Amendments to Section 5.09 - Trophy Club Code of Ordinances 1. The location of all existing and planned structures on the subject property and locations of structures on adjoining property within one hundred feet (100’). 2.Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. 3. Design of ingress and egress. 4. Off-street parking and loading facilities, and calculations showing how the quantities were obtained. 5. Height of all structures. 6. Proposed uses. 7. Landscape plan 8. Tree Survey indicating location, size, and type of all existing trees. 9. The location and type of all signs, including lighting and heights. 10. Elevation drawings citing proposed exterior finish material. 11.Street names on proposed streets. 12. Proposed water, wastewatercollection, and storm sewer lines; proposed grading and drainage patterns. 13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previouslysubmitted for the site. If the property is to be final platted, these may be provided at that time. 14. Utility and drainage easements for dedicated infrastructure, if required. 15. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary. (Ord No. 98-29, §XLI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLI, 3-21-00) Planning & Zoning CommissionPage 41 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0298-T Version:1 Name: Type:Agenda Item Status:Draft File created:4/30/2015 In control:Planning & Zoning Commission On agenda:5/7/2015 Final action: Title:Discussion and Recommendation of a request for a Specific Use Permit for a liquor store located on Lot 1, The Village at Trophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. Attachments: DateVer.Action ByActionResult DiscussionandRecommendationofarequestforaSpecificUsePermitforaliquorstorelocatedonLot1,TheVillageat Trophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. Planning & Zoning CommissionPage 42 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0300-T Version:1 Name: Type:Agenda Item Status:Draft File created:4/30/2015 In control:Planning & Zoning Commission On agenda:5/7/2015 Final action: Title:Discussion and Recommendation of Amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.09(B)3-Site Plan Requirements, concerning authorized approval of changes to a site plan. Attachments: DateVer.Action ByActionResult DiscussionandRecommendationofAmendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingChapter 13-Zoning,ArticleV-SupplementaryDistrictRegulations,Section5.09(B)3-SitePlanRequirements,concerning authorized approval of changes to a site plan. Planning & Zoning CommissionPage 43 of 45May 7, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0301-T Version:1 Name: Type:Agenda Item Status:Draft File created:4/30/2015 In control:Planning & Zoning Commission On agenda:5/7/2015 Final action: Title:Future Agenda Items and questions or discussion of current and future items and Updates on Current Development Attachments:Current Development Activity DateVer.Action ByActionResult Future Agenda Items and questions or discussion of current and future items and Updates on Current Development Planning & Zoning CommissionPage 44 of 45May 7, 2015 Current Development Activity – Trophy Club, Texas Report Date: May 1, 2015 Active Non-Residential Permits for New Construction Village Center Office Building 2600 Bobcat Blvd. Status: Building and Site Complete Wonderland Plaza 2400 Bobcat Blvd. Status: Permit Under Review Homewood Suites 2900 East State Highway 114 Status: Under Construction Holiday Inn 425 Plaza Drive Status: Under Construction Trophy Club Commons New Office Building 945 Trophy Club Drive Status: Permit Issued Planning & Zoning CommissionPage 45 of 45May 7, 2015