Agenda Packet P&Z 02/17/2005Town of Trophy Club
Planning & Zoning Public Hearing Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, February 17, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Presentation, discussion and appropriate action relative to a request for a
Temporary Use Community Garage Sale granted by Special Privilege.
(Applicant: Anna Langley, Trophy Club Women's Club)
C.1 Planning and Zoning Commission to open Public Hearing.
C.2 Planning and Zoning Commission to conduct a Public Hearing relative to
the following:
An ordinance amending Town Ordinance No. 2000-06 P&Z by amending
Article 3, Section 13 entitled "Use Table", subsection "F" entitled "Business"
and Subsection "G" entitled "Retail" to include Tanning Salons. (Applicant
Ernie Kennedy, Regency Centers) AMD-05-017
C.3 Planning and Zoning Commission to close Public Hearing and/or continue
to a date certain.
C.4 Planning and Zoning Commission to convene into Regular Session.
D.1 Planning and Zoning Commission to take appropriate action and make a
recommendation to the Town Council regarding:
An ordinance amending Town Ordinance No. 2000-06 P&Z by amending
Article 3, Section 13 entitled "Use Table", subsection "F" entitled "Business"
and Subsection "G" entitled "Retail" to include Tanning Salons. (Applicant
Ernie Kennedy, Regency Centers) AMD-05-017
D.2 Review and approve minutes.
A. 3 February 2005
E.1 Adjournment.
Planning & Zoning Commission Page 1 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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Planning & Zoning Commission Page 2 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.B.1
Presentation, discussion and appropriate action relative to a request for a
Temporary Use Community Garage Sale granted by Special Privilege. (Applicant:
Anna Langley, Trophy Club Women's Club)
LOCATION:
OWNER:
APPLICANT: Anna Langley, Trophy Club Women’s Club
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS: Anna Langley will be at the meeting to answer any questions the
Commission may have. There will be no changes from the way the event has been run the
past several years. Anna will be in contact with Randy Briggs to discuss any DPS issues for
the event.
The spring garage sale will be held April 30th and the fall sale will occur October 1st. For each
event, no alternate rain day is planned.
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Planning & Zoning Commission Page 3 of 19 17 February 2005
TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PHONE # (682) 831-4681 FAX # (817) 490-0705
TEMPORARY USE PERMIT APPLICATION
DATE: February 7, 2005
ADDRESS OR AREA OF
REQUEST:
Town of Trophy Club
SECTION: ZONING
DISTRICT:
NAME/NAME OF
ORGANIZATION:
Trophy Club Women's Club
APPLICANT/ORGANIZATION
ADDRESS:
111 Carnoustie Dr., Trophy Club
PHONE #: FAX #: EMAIL ADDRESS:
817-961-0526 682.831.0015 walangley@charter.net
Request to hold a bi-annual Trophy Club Garage Sale
sponsored by the Trophy Club Women's Club
Spring Date: April 30, 2005
Fall Date: October 1, 2005
DESCRIPTION OF
TEMPORARY USE
REQUEST:
No rain date
DATE OF
REQUEST:
April 30, October 1 TIME OF
EVENT:
8:00 - 4:00
DEPARTMENT OF PUBLIC SAFETY
APPROVAL: Yes No
*A SITE PLAN MUST BE SUBMITTED WITH THIS APPLICATION SHOWING
LOCATION OF TEMPORARY USE
FOR PLANNING DEPARTMENT USE
Planning & Zoning Commission Page 4 of 19 17 February 2005
Application Submission Fee: ______ Date: _____________ Check No.: _________
TIMELINE
EVENT DATE ACTION COMMENTS
*P&Z Commission
Meeting 2/17/05
Town Council Meeting 3/7/05
Effective Date of
Event/Use
Expiration Date of
Event/Use
*Extension Granted by
Zoning Coordinator
* If applicable, see Zoning Requirements for details
Planning & Zoning Commission Page 5 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.C.1
Planning and Zoning Commission to open Public Hearing
LOCATION:
OWNER:
APPLICANT:
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS:
(kcf)
Planning & Zoning Commission Page 6 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.C.2
Planning and Zoning Commission to conduct a Public Hearing relative to the
following:
An ordinance amending Town Ordinance No. 2000-06 P&Z by amending
Article 3, Section 13 entitled "Use Table", subsection "F" entitled
"Business" and Subsection "G" entitled "Retail" to include Tanning Salons.
(Applicant Ernie Kennedy, Regency Centers) AMD-05-017
LOCATION: N/A
OWNER: N/A
APPLICANT: N/A
LAND PLANNER: N/A
NO. NOTICES SENT: N/A
RESPONSES: N/A
STAFF COMMENTS: Ernie Kennedy with Regency Centers is seeking an amendment to the
Comprehensive Zoning Ordinance in order to allow zoning for a tanning salon use. Currently
the Zoning Ordinance does not address tanning salon uses and therefore the use is prohibited.
Staff recommended Mr. Kennedy request an amendment to the Zoning Ordinance Use Table in
order to add provisions for the use. The following proposed ordinance designates the use be
allowed in CG – Commercial General and PD – Planned Development zoning districts.
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Planning & Zoning Commission Page 7 of 19 17 February 2005
Planning & Zoning Commission Page 8 of 19 17 February 2005
TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ARTICLE 3, SECTION 13, ENTITLED "USE TABLE",
SUBSECTION "F" ENTITLED "BUSINESS" AND SEBSECTION “G”
ENTITLED “RETAIL” TO INCLUDE TANNING SALONS; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a building permit application was filed with the Permitting Department of
the Town of Trophy Club for a Tanning Salon use in a Non-Residential Zoning District;
WHEREAS, upon review of the application, the Planning & Zoning Department
determined the use was not defined in the Town’s Comprehensive Zoning Ordinance; and
WHEREAS, the current Comprehensive Zoning Ordinance for the Town does not
provide for tanning salon establishments, the Town Council wishes to modify the Zoning
Ordinance in order to provide for the regulation of such establishments; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THEREFORE BE IT ORDIANED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB;
Planning & Zoning Commission Page 9 of 19 17 February 2005
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
USE TABLE AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
Article 3, Section 13 – Use Table, subsection “F” entitled “Business” and subsection “G”
entitled “Retail” is amended as follows:
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU PD
Tanning Salon S* S*
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting sign regulations
which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the courts.
Planning & Zoning Commission Page 10 of 19 17 February 2005
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this __ day of March, 2005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
Planning & Zoning Commission Page 11 of 19 17 February 2005
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
Planning & Zoning Commission Page 12 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.C.3
Planning and Zoning Commission to close Public Hearing and/or continue to a date
certain
LOCATION:
OWNER:
APPLICANT:
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS:
(kcf)
Planning & Zoning Commission Page 13 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.C.4
Planning and Zoning Commission to convene into Regular Session
LOCATION:
OWNER:
APPLICANT:
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS:
(kcf)
Planning & Zoning Commission Page 14 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.D.1
Planning and Zoning Commission to take appropriate action and make a
recommendation to the Town Council regarding:
An ordinance amending Town Ordinance No. 2000-06 P&Z by amending
Article 3, Section 13 entitled "Use Table", subsection "F" entitled
"Business" and Subsection "G" entitled "Retail" to include Tanning Salons.
(Applicant Ernie Kennedy, Regency Centers) AMD-05-017
LOCATION:
OWNER:
APPLICANT:
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS:
(kcf)
Planning & Zoning Commission Page 15 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.D.2
Review and approve minutes.
A. 3 February 2005
(kcf)
Planning & Zoning Commission Page 16 of 19 17 February 2005
MINUTES OF A REGULAR SESSION
FOR THE
PLANNING & ZONING COMMISSION
TOWN OF TROPHY CLUB
3 FEBRUARY 2005
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Regular Session meeting 3 February 2005, at 7:00 pm in the Conference Room of the
Trophy Club Community Development Building, 100 Municipal Drive, Trophy Club, Texas
76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill present
Vice Chairman Stephens excused
Commissioner Bradley present
Commissioner Moss present
Commissioner Reed present
Commissioner Rodgers present, arrived at 7:05
Commissioner Sheridan present
STAFF AND GUESTS PRESENT:
Kerin C. Fleck Planning & Zoning Coordinator
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:04 pm, and announced a quorum was
present.
B.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN ORDINANCE REPEALING
TOWN ORDINANCE NO. 2004-02 P&Z, AND ADOPTING NEW PROVISIONS RELATING
TO SIGN REGULATIONS.
Ms. Fleck presented the changes made to the ordinance as a result of the
Commission’s 26 January 2005 meeting.
Commissioner Sheridan suggested the Special Purpose Signage be removed from
Section 8, entitled “Permissible Signs Not Requiring Permits”, subsection A(12). Special
Purpose Signs are regulated in the Ordinance therefore a permit should be pulled in
order to ensure compliance with the ordinance.
A motion was made to recommend approval of the proposed revisions to the Sign
Ordinance.
Motion: Sheridan
Second: Moss
Ayes: Hill, Bradley, Reed, Rodgers
Planning & Zoning Commission Page 17 of 19 17 February 2005
Nays: None
Action: 6-0
Motion carried.
C.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 7:10 pm.
________________________________________
Gene Hill, Chairman
(SEAL)
____________________________________________
Kerin C. Fleck, Planning & Zoning Coordinator
Planning & Zoning Commission Page 18 of 19 17 February 2005
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 2-17-2005
Subject: Agenda Item No.E.1
Adjournment.
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Planning & Zoning Commission Page 19 of 19 17 February 2005