Agenda Packet P&Z 04/07/2011Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMThursday, April 7, 2011
Call To Order and announce a quorum.
Citizen Presentation
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
Approval of Minutes
1.2011-182-T Review and approve minutes of the March 17, 2011, Planning and Zoning
Commission meeting.
MeetingMinutes 031711.pdfAttachments:
PUBLIC HEARING
2.2011-183-T Public Hearing to consider a request for approval of a Specific Use
Permit for a restaurant, located in Planned Development No. 13 - Village
Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed
beverages by a food and beverage certificate holder. Applicant: Howard
Tseung on behalf of Feng Chen Enterprise, Inc.
Staff Report - P&Z.pdf
Application.pdf
Alcoholic Policy.pdf
Public Hearing Notice - Newspaper.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Attachments:
3.2011-187-T Public Hearing to consider a request for approval of a revised Site Plan and
Landscape Plan for Northwest Independent School District's Byron Nelson
High School to expand the parking lots. Applicant: M. J. Thomas
Engineering on behalf of Northwest ISD. SP-11-014
Staff Report - PZ - Byron Nelson HS.pdf
NISD Written Acknowledgment.pdf
Newspaper Public Hearing Notice.pdf
Attachments:
4.2011-186-T Public Hearing to consider and provide input regarding regulations related to the retail
sale of alcoholic beverages for off-premise consumption.
Planning and Zoning Commission Page 1 of 38 Meeting Date: April 7, 2011
April 7, 2011Planning & Zoning Commission Meeting Agenda
Staff Report - PZ 040711 - Alcoholic Beverages.pdf
Commercial_Properties_Map.pdf
Attachments:
REGULAR SESSION
5.2011-184-T Discussion and Recommendation regarding a request for approval of a
Specific Use Permit for a restaurant, located in Planned Development
No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the
sale of mixed beverages by a food and beverage certificate holder.
Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc.
6.2011-188-T Discusson and recommendation for approval of a revised Site Plan and
Landscape Plan for Northwest Independent School District's Byron Nelson
High School to expand the parking lots. Applicant: M. J. Thomas
Engineering on behalf of Northwest ISD. SP-11-014
7.2011-189-T Discusson and provide input regarding regulations related to the retail sale of alcoholic
beverages for off-premise consumption.
Adjourn
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Planning and Zoning Commission Page 2 of 38 Meeting Date: April 7, 2011
April 7, 2011Planning & Zoning Commission Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on April 4, 2011, by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Carolyn Huggins
Community Development Director
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2011.
________________________________, Title: ___________________________
Planning and Zoning Commission Page 3 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-182-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Planning & Zoning Commission
On agenda:Final action:4/7/2011
Title:Review and approve minutes of the March 17, 2011, Planning and Zoning Commission meeting.
Attachments:MeetingMinutes 031711.pdf
Action ByDate Action ResultVer.
Title
Review and approve minutes of the March 17, 2011, Planning and Zoning Commission meeting.
Planning and Zoning Commission Page 4 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Planning & Zoning Commission
7:00 PM Svore Municipal Building BoardroomThursday, March 17, 2011
Call To Order and announce a quorum.
The meeting was called to order at 7:04 p.m.
COMMISSION MEMBERS:
Vice Chair James Stephens, Commissioner Mike Davidson,
Commissioner Dennis Sheridan, Chairman Gene Hill, Commissioner
Clayton Reed, and Commissioner Gary Richert
Present:6 -
Commissioner Dale ForestAbsent:1 -
STAFF AND GUESTS PRESENT:
Carolyn Huggins, Community Development Director
Mark Carr, Applicant, Agenda Item 2011-121-T
Citizen Presentation
None
Approval of Minutes
2011-120-T1.Review and approve minutes of the February 7, 2011, Planning and
Zoning Commission meeting.
A motion was made by Commissioner Davidson, seconded by Commissioner
Richert, that this Agenda Item be Approved . The motion carried by the
following vote.
Aye:Commissioner Davidson, Chairman Hill, Commissioner Reed, and
Commissioner Richert
4 -
Abstain:Vice Chair Stephens, and Commissioner Sheridan2 -
REGULAR SESSION
2011-121-T2.Discussion and recommendation regarding a request for replat of Lot 8,
Block 1, Waters Edge at Hogan's Glen. Applicant: Mark Carr
(RP-11-017)
A motion was made by Commissioner Sheridan, seconded by Vice Chair
Stephens, that this Agenda Item be Recommended for Approval to the Town
Council, on 4/4/2011. The motion carried by the following vote.
Planning and Zoning Commission Page 5 of 38 Meeting Date: April 7, 2011
March 17, 2011Planning & Zoning Commission Meeting Minutes
Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Chairman Hill, Commissioner Reed, and Commissioner Richert
6 -
Adjourn
This meeting adjourned at 7:06 p.m.
_________________________________________
Gene Hill, Chairman
_________________________________________
Carolyn Huggins, Community Development Director
Planning and Zoning Commission Page 6 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-183-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Planning & Zoning Commission
On agenda:Final action:4/7/2011
Title:Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in
Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of
mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of
Feng Chen Enterprise, Inc.
Attachments:Staff Report - P&Z.pdf
Application.pdf
Alcoholic Policy.pdf
Public Hearing Notice - Newspaper.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Action ByDate Action ResultVer.
Title
Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in
Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale
of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf
of Feng Chen Enterprise, Inc.
Planning and Zoning Commission Page 7 of 38 Meeting Date: April 7, 2011
PLANNING AND ZONING COMMISSION
April 7, 2011
SUBJECT: Public Hearing to consider a request for approval of a Specific
Use Permit for a restaurant, located in Planned Development
No. 13 – Village Shopping Center, 2001 Highway 114, Suite
190, for the sale of mixed beverages by a food and beverage
certificate holder. Applicant: Howard Tseung on behalf of
Feng Chen Enterprise, Inc.
APPLICANT: Howard Tseung
1830 E. Abram Street
Arlington, TX 76010
PROPERTY OWNER:
Okeechobee P.B. Holdings
c/o Grace Development Inc.
3309 Fairmont Drive
Nashville, TN 37203
BUSINESS OWNER:
Fish & Knife Japanese Restaurant
Feng Chen Enterprise, Inc.
2001 Highway 114, Suite 190
Trophy Club, TX 76262
PERMITTED USES: Fish & Knife will occupy approximately 2,000 sq. ft. of space in
Tract 1 of Planned Development No. 13 – Village Shopping Center. Tract 1 allows a
wide range of retail uses (for example: card store, barber and beauty shop, ice cream
shop, jewelry and/or watch store, florist, boutiques, fabric and knitting shops,
music/video store) and Tract 1 also allows the use for the applicant’s business: a
restaurant with alcoholic beverage sales (subject to required Town approvals).
Planning and Zoning Commission Page 8 of 38 Meeting Date: April 7, 2011
ADJACENT ZONING/EXISTING LAND USES:
North: R-11/residential
(property owners within 200-ft. were notified of this request)
South: State Highway 114/Town of Westlake
East: PO/undeveloped (Beck owned property at Trophy Club Dr/114)
West: R-9/residential (property owners on Straight Creek Ct. were notified)
PLANNED DEVELOPMENT NO. 13 – VILLAGE SHOPPING CENTER
Planning and Zoning Commission Page 9 of 38 Meeting Date: April 7, 2011
Planning and Zoning Commission Page 10 of 38 Meeting Date: April 7, 2011
Planning and Zoning Commission Page 11 of 38 Meeting Date: April 7, 2011
STAFF COMMENTS: Town regulations require that no persons shall manufacture, sell,
offer for sale, distribute or engage in any other activity within the Town for which a
permit or license is required by the Texas Alcoholic Beverage Code (TABC) without first
obtaining a Specific Use Permit (SUP) from the Town. The following is required:
The applicant must comply with applicable licensing and permit provisions
of the TABC.
TABC requires proof of Town approval prior to issuing a license and permit for
the sale of alcoholic beverages. If Town Council approval is given, the applicant
then completes his application with TABC and returns to the Town for issuance
of a Town permit, at which time the Town requires proof of issuance of a TABC
license.
The applicant shall demonstrate that the granting of the SUP would not be
detrimental to the public health, safety and/or welfare of the citizens of the
Town; and
The applicant shall, at all times, provide an adequate number of employees
for security purposes to adequately control the establishment premises to
prevent incidents of drunkenness, disorderly conduct and raucous
behavior. The applicant shall consult with the Chief of Police/Director of
Public Safety who shall act in an advisory capacity to determine the
number of qualified employees necessary to meet his/her obligation
hereunder.
The applicant consulted with Police Chief Kniffen and reviewed the staffing and
operating procedures of the restaurant and received approval. The applicant has
indicated that employee training will be implemented and will be on-going to
protect and safeguard public health, safety, and/or the welfare of the citizens of
the Town. The applicant indicated that the security of patrons is a high priority of
the establishment.
A specific use permit runs with the property and is not affected by a change in the
owner or lessee of a permitted establishment. A specific use permit may be
discontinued if the use for which the SUP was granted ceases to be operated at the
permitted location for a minimum period of six (6) continuous months.
STAFF RECOMMENDATION:
Staff, and specifically the Chief of Police, evaluated this request with regard to public
safety and analysis of services provided to the community (i.e., a unique food category
not currently available as a restaurant in Trophy Club, heavy traffic flow patterns during
particular times of day). The applicant has met the requirements set forth by the Town’s
ordinances. Staff recommends approval of a Specific Use Permit for Fish & Knife
Japanese Restaurant and asks the Commissioners to:
Recommend approval to the Town Council for a Specific Use
Permit for a restaurant, located at 2001 Highway 114, Suite
190, for the sale of mixed beverages by a food and beverage
certificate holder.
Planning and Zoning Commission Page 12 of 38 Meeting Date: April 7, 2011
Public Hearing
As required by ordinance, a notice of public hearing was published in the local
newspaper and property owners within 200-ft. of the shopping center were notified of
this request.
At the time of writing of this staff report, no comments have been received against this
proposal.
(ch)
Attachments: Application
Public Hearing – Newspaper
Property Owner Notification
List of Property Owners within 200-ft.
Planning and Zoning Commission Page 13 of 38 Meeting Date: April 7, 2011
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FISH & KNIFE JAPANESE CUISINE
2001 HWY. 114 , SUITE 190
TROPHY CLUB, TX 76262
ALCOHOLIC POLICY
The main goal of the restaurant is to provide Japanese cuisine to customers for their
enjoyment. Serving alcoholic beverage is only to supplement customer's enjoyment of
their food. The restaurant will have a small bar area that can seat only five people and
also serve as a waiting area. The restaurant will emphasis on the sale of Japanese cuisine
and not the sale of alcoholic beverage.
The working hours of the restaurant is:
Sunday through Thursday: 11 am to 2:30 pm (Lunch), 4:30 pm to 9:30 pm (Dinner).
Friday and Saturday: 11 am to 2:30 pm (Lunch), 4:30 pm to 10:30 pm (Dinner).
STAFFING
Number of wait staff for Lunch hours will be six and five for Dinner hours.
Beside the wait staff, there will be a manager and a hostess helping out during rush hours.
TABC CERTIFICATION
All wait staff will be required to obtain TABC certification for serving alcoholic
beverage. Any wait staff who are under the age of 21 will be prohibited to serve alcoholic
beverage. Management will conduct weekly staff meeting to emphasis the importance of
following the alcoholic serving policy set up by TABC.
INTOXICATION AND UNRULY CONDUCT PREVENTION
Manager and wait staff will monitor customer intoxication level based on the training
they receive from the TABC certification class. Any customer that appeared to be
intoxicated will be prohibited from purchasing more alcoholic beverages.
POLICE INTERVENTION
In the discretion of the management, if customers who are intoxicated or unruly and
cannot be handled by wait staff or management, police will be called to alleviate the
situation.
Planning and Zoning Commission Page 15 of 38 Meeting Date: April 7, 2011
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: March 21, 2011
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: Wednesday,
March 23, 2011
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
PLANNING & ZONING COMMISSION
Thursday, April 7, 2011
TOWN COUNCIL
Monday, May 2, 2011
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, April 7, 2011, to consider Amending Ordinance No. 95-
20, PD Planned Development District No. 13, Exhibit “C” Development Standards to
grant a Specific Use Permit for a Japanese restaurant, Fish and Knife Japanese
Cuisine) to sell mixed beverages in the restaurant; and, other miscellaneous changes to
PD-13 as related to this request as deemed necessary.
The Town Council will hear the above item on Monday, May 2, 2011 in the Boardroom
of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Planning and Zoning Commission Page 16 of 38 Meeting Date: April 7, 2011
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Larry Blancett
1109 Sunset Dr.
Trophy Club, TX 76262
Jeffrey Demiceli
1122 Sunset Dr.
Trophy Club, TX 76262
Seven Eleven Inc.
2711 N. Haskell Avenue #1
Dallas, TX 75204-2911
Kurt & Natalie Henry
1111 Sunset Dr.
Trophy Club, TX 76262
Larry & Norma Smith
1124 Sunset Dr.
Trophy Club, TX 76262
Texas National Bank
3205 E. Northwest Parkway
Southlake, TX 76092-6092
David & Barbara Gray
1112 Sunset Dr.
Trophy Club, TX 76262
Re: 1126 Sunset Dr.
Richard Sparks
P.O. Box 1790
Trophy Club, TX 76262
Grace Development Inc.
3309 Fairmont Dr.
Nashville, TX 37203
Robert & Sandee Clark
1113 Sunset Dr.
Trophy Club, TX 76262
George Truitt
1031 Sunset Dr.
Trophy Club, TX 76262
Oakmont Ent. Inc.
336 Watermere Dr.
Southlake, TX 76092-8113
Michael & Marolyn Zugay
Family Trust
1114 Sunset Dr.
Trophy Club, TX 76262
Ted Neidenberger
1033 Sunset Dr.
Trophy Club, TX 76262
St2 Tc Building Lp
Attn: Scott Trickey
1123 Wade Hampton St.
Benbrook, TX 76126-3519
Luther & Jaunita Bruce
1115 Sunset Dr.
Trophy Club, TX 76262
Roger Sessions
1100 Sunset Dr.
Trophy Club, TX 76262
Wesley & Leeann Nickodam
1101 Sunset Dr.
Trophy Club, TX 76262
Charles Mohon &
Amanda Pogue
1116 Sunset Dr.
Trophy Club, TX 76262
Re: 1 Straight Creek Ct., Trophy Club, TX
Teresa Marsteller
c/o Paul Drown
3701 W. Morton Ave.
Phoenix, AZ 85051
Alvin & Annette Miller
5 Straight Creek Ct.
Trophy Club, TX 7626
Brandon & Kayla Sargent
1117 Sunset Dr.
Trophy Club, TX 76262
Amanda & Chad Gundersen
2 Straight Creek Ct.
Trophy Club, TX 76262
Daniel & Jami Penick
6 Straight Creek Ct.
Trophy Club, TX 76262
David & Joan White
1118 Sunset Dr.
Trophy Club, TX 76262
Barbara Metzler
3 Straight Creek Ct.
Trophy Club, TX 76262
Paul & Stephanie Thurston
7 Straight Creek Ct.
Trophy Club, TX 76262
Milton Smith
1120 Sunset Dr.
Trophy Club, TX 76262
Re: 4 Straight Creek Ct., Trophy Club, TX
Robert & Barbara Moss
27 W. Hillside Place
Roanoke, TX 76262
Re: 8 Straight Creek Ct., Trophy Club, TX
Kahn Living Trust
Monroe & Margaret Kahn
7702 Colgate Ave.
Westminster, CA 92683-6218
Planning and Zoning Commission Page 19 of 38 Meeting Date: April 7, 2011
Re: 9 Straight Creek Ct., Trophy Club, TX
Robert & Laura Matkin
3618 Igo St.
San Antonio, TX 78230-2305
Mark & Denise Lester
10 Straight Creek Ct.
Trophy Club, TX 76262
Linda Rohloff
11 Straight Creek Ct.
Trophy Club, TX 76262
Carl Megow
12 Straight Creek Ct.
Trophy Club, TX 76262
Stephen Fischer
14 Straight Creek Ct.
Trophy Club, TX 76262
John & Barbara Colwell
1102 Sunset Dr.
Trophy Club, TX 76262
Karen Nichols & William Jarboe
1103 Sunset Dr.
Trophy Club, TX 76262
Robert & Elizabeth Johnson
1104 Sunset Dr.
Trophy Club, TX 76262
Gary & Margi Cantrell
1105 Sunset Dr.
Trophy Club, TX 76262
Joseph Pagano
1106 Sunset Dr.
Trophy Club, TX 76262
Re: 1107 Sunset Dr., Trophy Club, TX
Larry Baker
89 Preswick Park Dr.
Newnan, GA 30265-2026
Kathe Johnsson
1108 Sunset Dr.
Trophy Club, TX 76262
Re: 1110 Sunset Dr., Trophy Club, TX
Margaret Tripton
9226 Independence Way
Fort Myers, FL 33913-7077
Planning and Zoning Commission Page 20 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-187-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Planning & Zoning Commission
On agenda:Final action:4/7/2011
Title:Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for
Northwest Independent School District's Byron Nelson High School to expand the parking lots.
Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014
Attachments:Staff Report - PZ - Byron Nelson HS.pdf
NISD Written Acknowledgment.pdf
Newspaper Public Hearing Notice.pdf
Action ByDate Action ResultVer.
Title
Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for
Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant:
M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014
Planning and Zoning Commission Page 21 of 38 Meeting Date: April 7, 2011
PLANNING & ZONING COMMISSION
STAFF REPORT
April 7, 2011
Site Plan Revision - SP-11-014
Byron Nelson High School
2775 Bobcat Blvd.
SUBJECT: Public Hearing to consider a request for approval of a revised Site Plan and
Landscape Plan for Northwest Independent School District’s Byron Nelson
High School to expand the parking lots. Applicant: M. J. Thomas
Engineering on behalf of Northwest ISD. SP-11-014
The applicant, M.J. Thomas Engineering, on behalf of Northwest ISD is requesting approval of a
revised site plan for Byron Nelson High School. The school district wishes to expand parking at
the high school, which is located on approximately 83 acres of Lot 1, Block 1 of the plat filed in
Denton County as “NISD High School No. 2”.
The Town of Trophy Club Site Plan regulations require that changes to a site plan which will
“reduce the yards provided at the boundary of the site as indicated on the approved site plan”
shall be approved by the Town Council, after recommendation by the Planning and Zoning
Commission. A public hearing, advertised in the newspaper, is required. Property owner
notification is not required.
History and Existing Site: This property was zoned PD-28 on March 5, 2007. The Final Site
Plan was approved by the Town Council on September 9, 2007.
The site is developed and is located on the north and east sides of Bobcat Blvd. It is zoned
Planned Development District No. 28 (PD-28), Northwest High School No. 2, with the
underlying zoning of Neighborhood Service.
The plat for Byron Nelson High School consists of four (4) lots:
Lot 1, Block 1 consists of 82.859 acres and the school buildings and auxiliary uses such
as athletic fields and a stadium are located on this lot.
A water tower will be located on Lot 2, Block 1.
Lot 1 and Lot 2, Block 2 are open areas created when Bobcat Blvd. was constructed.
This request involves Lot 1, Block 1, only.
In 2009 the school opened with freshman and sophomores. In August 2010, juniors were added
to the school and in August 2011, seniors will be added. During the past two years of the
school’s existence, the parking lots have been full during regular school weeks. There is
Planning and Zoning Commission Page 22 of 38 Meeting Date: April 7, 2011
inadequate parking when sporting events are held on the school property. With the addition of
seniors in August 2011, NISD anticipates that the seniors will all have cars and a parking lot
expansion is necessary.
The Town parking regulations require 1 space for every 3 persons. When the original site plan
was considered, 800 spaces were required for the 2,200 students and 200 staff. NISD is
requesting an additional 796 parking spaces, of which 18 will be ADA.
2007 Site Plan Approval: 725 spaces
2011 Site Plan Requested: 778 spaces
18 spaces (ADA)
Total: 1,521 spaces
PD-28 (NS) allows a maximum impervious surface of 80%. Currently, the impervious surface
for the high school is 38%. The proposed increase in parking expansion would bring the
impervious surface to 42%, an increase of 4%. A minimum of 20% open space is required in the
NS District. This proposed expansion does not appear to reduce that percentage of open space.
PD-28, Section B, 1. (a) states that planter islands or berms must be located no further apart than
every 24 parking spaces and at the terminus of all rows of parking. On sheet C-2, Site Plan, the
proposed northern parking areas show a section of “New Parking (34 spaces)” in which there are
27 parking spaces. The applicant requests a waiver to require a planter island at 24 spaces so
that a fire hydrant does not need to be relocated.
The proposed parking lot on the northwest corner of the site, adjacent to Bobcat Blvd. that states
“New Parking (42 spaces)” does not appear to have landscaping at one terminus of a parking
row. In addition, some spaces are in the 30-ft. building setback. Typically, paving is allowed in
setbacks, but Staff asks for the Planning and Zoning Commission review and approval of parking
spaces in the 30-ft. building setback. If not allowed, approximately six (6) parking spaces must
be removed.
On the site plan shown on page C-2, there are numerous planter islands and terminus of the
parking rows that do not show any trees planted within these areas. The applicant has been
asked to clarify if this is actual or was inadvertently left off of the site plan.
On the site plan shown on page C-2, the applicant has listed 801 new parking stalls for a total of
1,526. Staff review shows 796 new parking stalls for a total of 1,526. Applicant has been asked
to clarify to the Planning and Zoning Commission.
There is proposed parking on top of an existing 12-inch public waterline. Town/MUD policy is
to avoid pavement on top of water lines. Staff asked for written acknowledgement from NISD
that repair or replacement of the paving is NISD responsibility if the pavement is damaged or
destroyed if the water line(s) must be repaired or replaced. NISD has provided written
acknowledgement that NISD will repair or replace pavement if damaged or destroyed when the
Town repairs or replaces the waterline.
Planning and Zoning Commission Page 23 of 38 Meeting Date: April 7, 2011
Landscaping: The proposed expansion identifies losing 177 canopy trees and 35 ornamental
trees. NISD is replacing these lost trees by replanting 179 canopy trees and 42 evergreen
trees/shrubs. They have also increased the number of trees along the eastern property line in
order to provide more buffering of the high school fields from the residential area of
Neighborhood 1 in The Highlands.
On the east side of the high school site, the applicant is proposing “New Parking (89 spaces)”.
There is a 40-ft. landscape buffer required adjacent to residential and the 89 new parking spaces
encroach into the 40-ft. landscape buffer. However, there is an 80-ft. wide creek separating the
NISD property from the residentially zoned property to the east, therefore, NISD requests a
waiver for the 40-ft. landscape buffer in order to place parking in that area.
Photometrics: Town regulations require that parking lot lights shall provide illumination within
the parking facility not to exceed one foot-candle at ground level and shall distribute not more
than two-tenths (0.2) of one foot-candle of light upon any adjacent residentially zoned district.
There are a number of locations within the site where the parking lot lights exceed one-foot
candle at ground level and these locations were granted a waiver by the Town Council in 2007.
The applicant asks that this waiver continue. The plans meet the requirement that illumination
shall distribute not more than two-tenths (0.2) of one-foot candle of light upon any adjacent
residentially zoned district.
RECOMMENDATION: Staff recommends approval of the revised site plan for Byron Nelson
High School with the following conditions:
1. Removal of 3 parking spaces in the northern parking area designated as “New Parking (34
spaces)”; or a waiver to allow 27 spaces.
2. Grant permission for parking spaces to be placed in the 30-ft. building setback; or removal of
spaces within setback.
3. Waiver or requirement of landscaping in the planter islands and terminus of the parking rows
of existing parking.
4. Revise Site Plan prior to Council meeting to show accurate number of parking spaces being
added to the site. 796? 801?
5. Allow parking in the 40-ft. landscape buffer to the east of the site, or acknowledgment that
buffer is not needed with 80-ft. wide creek separating NISD property from the residentially
zoned property to the east.
6. Acknowledge continuation of waiver granted by Council in 2007 that parking lot lighting
exceeds one-foot candle at ground level, but does not exceed two-tenths of one-foot candle of
light upon any adjacent residentially zoned district.
ch
Attachment: Application
NISD Written Acknowledgement
Hard Copy (rolled plans) – Site Plan, Landscape Plan, Lighting
Planning and Zoning Commission Page 24 of 38 Meeting Date: April 7, 2011
Planning and Zoning Commission Page 25 of 38 Meeting Date: April 7, 2011
Planning and Zoning Commission Page 26 of 38 Meeting Date: April 7, 2011
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: March 21, 2011
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time/ March 23, 2011 SUBJECT: Site Plan – Byron Nelson High
School
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
PLANNING & ZONING COMMISSION
April 7, 2011
Town Council
May 2, 2011
A Public Hearing will be held by the Planning and Zoning Commission of the
Town of Trophy Club in the Council Chambers, 100 Municipal Drive, at 7:00 PM,
THURSDAY, April 7, 2011, to consider revisions to the Site Plan for Byron Nelson
High School, located in Planned Development No. 28, located in the 2700-2800
Block of Bobcat Blvd. The Applicant is requesting the addition of approximately
800 parking spaces to the site. Applicant: MJ THOMAS ENGINEERING, LLC on
behalf of NORTHWEST INDEPENDENT SCHOOL DISTRICT.
The Town Council will hear this request on MONDAY, May 2, 2011, in the Council
Chambers at 100 Municipal Drive at 7:00 p.m.
Planning and Zoning Commission Page 27 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-186-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Planning & Zoning Commission
On agenda:Final action:4/7/2011
Title:Public Hearing to consider and provide input regarding regulations related to the retail sale of
alcoholic beverages for off-premise consumption.
Attachments:Staff Report - PZ 040711 - Alcoholic Beverages.pdf
Commercial_Properties_Map.pdf
Action ByDate Action ResultVer.
Title
Public Hearing to consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-
premise consumption.
EXPLANATION:
Thepurpose of this discussion is to review the current Town regulations regarding alcohol sales. This discussion is NOT
to advocate for or against the sale of alcoholic beverages for the local option proposition on the May 14, 2011 ballot.
Any proposed amendments to the Town’s regulations on retail liquor sales for off-premise consumption are not intended
to be punitive or advantageous to any particular business. Theyare intended to ensurethat the Town can provide proper
application procedures and governance for retail liquor sales within the community.
Planning and Zoning Commission Page 28 of 38 Meeting Date: April 7, 2011
PLANNING AND ZONING
COMMISSION
STAFF REPORT
April 7, 2011
Retail Sale of Alcoholic Beverages for
Off-Premise Consumption
SUBJECT: Discussion regarding regulations related to the sale of alcohol for
off-premise consumption, in the event a measure to permit the sale of liquor for
off-premise consumption passes through a public vote in May, 2011.
Regulation of Retail Sale of Alcoholic Beverages for Off-Premise
Consumption
The purpose of this discussion is not to advocate for or against the sale of
alcoholic beverages in the Town of Trophy Club. The Town is prohibited from
advocating for or against the sale of alcoholic beverages on the May ballot.
However, due to the local option to permit the sale of liquor for off-premise
consumption on the May 14, 2011, ballot, the Town of Trophy Club wishes to
review regulations related to the sale of alcohol for off-premise consumption.
Any proposed amendments to the Town’s regulations on retail liquor sales for off-
premise consumption are not intended to be punitive or advantageous to any
particular business. They are intended to ensure that the Town can provide
proper application procedures and governance for retail liquor sales within the
community.
Texas Liquor Laws
All alcoholic beverage sales, both for on- and off-premise consumption, are
regulated by the Texas Alcoholic Beverage Commission (TABC) through the
issuance of licenses and inspections. Compared to other states, the State of
Texas contains some of the more restrictive laws regulating alcohol.
Sale of alcoholic beverages in a bar or restaurant
Monday through Friday 7 a.m. to midnight
Saturday 7 a.m. to 1 a.m.
Sunday Noon to midnight
Bars with late-hours permits can sell alcohol for on-premises consumption until 2
a.m. any night.
Planning and Zoning Commission Page 29 of 38 Meeting Date: April 7, 2011
Sale of alcoholic beverages in a convenience or grocery store
Monday through Friday 7 a.m. to midnight
Saturday 7 a.m. to 1 a.m.
Sunday Noon to midnight (beer and wine only – less
than 17 percent alcohol by volume)
Sale of alcoholic beverages in a liquor store
Monday through Saturday 10 a.m. to 9 p.m.
Closed Sundays, Thanksgiving Day, Christmas and New Year’s Day
Retail Sales of Alcoholic Beverages in Trophy Club
In 2004, regulations were approved to allow the sale of alcoholic beverages in
Trophy Club:
(1) for retail sales of beer and wine for off-premise consumption only, and
(2) for retail sale of mixed beverages for on-premises consumption.
Any location selling either of these types of alcoholic beverages is required to
obtain a Specific Use Permit from the Town.
Sale of alcoholic beverages for on- and off-premises consumption is allowed in
the following zoning districts:
MH – Manufactured Home and Industrialized Housing District
CG – Commercial General District
CR – Commercial Recreation District
NS – Neighborhood Service District
PO – Professional Office District
GU – Governmental Use District
As well as in the following Planned Development Districts:
PD-13 Village (Trophy Club Drive and Highway 114)
PD-21 Plaza (Trophy Lake Drive and Highway 114)
PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114)
PD-27 The Highlands Village Center (Bobcat Blvd.)
Sales of beer and wine are not allowed in areas zoned for residential use,
including but not limited to PD-Planned Development Districts approved
exclusively for residential uses. No alcoholic beverages may be sold within three
Planning and Zoning Commission Page 30 of 38 Meeting Date: April 7, 2011
hundred feet (300-ft.) of a church, public or private school, or public hospital.
Measurement of such distance is as follows:
Church or Public Hospital: From front door to front door along the property lines
of the street fronts and in a direct line across intersections.
Public or Private School: From property line to property line, in a direct line
across intersections.
The following businesses have a Town alcohol beverage permit, which must be
renewed annually for a fee of $30. At annual renewal, proof of current TABC
licensing must be provided to the Town.
Located in the Village PD-13 (Trophy Club Drive/Highway 114):
7-Eleven, initially issued June 2004.
Cristina’s Mexican Restaurant, initially issued August 2005.
Vinny’s Italian Restaurant, initially issued October 2005.
Located in the Plaza PD-21 (Trophy Lake Drive/Highway 114):
Tom Thumb, initially issued June 2004.
Walgreens, located in the Plaza PD, initially issued March 2011.
Other Locations:
Trophy Club Country Club, initially issued July 2005.
Specific Use Permit
Trophy Club regulations state that “no persons shall manufacture, sell, offer for
sale, distribute or engage in any other activity for which a permit or license is
required by the Texas Alcoholic Beverage Code within the Town without first
obtaining a Specific Use Permit (SUP) to do so from the Town”.
A formal application for an SUP is filed with the Planning and Zoning
Coordinator; the fee for an SUP is $300. The application is then reviewed by
Departmental Staff and prepared for review and recommendation by the
Planning and Zoning Commission to the Town Council for approval or
disapproval. The Town Council considers and approves or disapproves the
granting of an SUP for the sale of alcoholic beverages.
If approval is granted, the Planning and Zoning Coordinator will issue a Town
alcohol beverage permit when the applicant has provided proof of a TABC
license.
The following criteria are involved in bringing the SUP before the Planning and
Zoning Commission and Town Council:
Planning and Zoning Commission Page 31 of 38 Meeting Date: April 7, 2011
1. The Applicant must design and operate the establishment for which an
SUP is sought in such a manner that the proposed use or actual use of
the premises shall not substantially increase traffic congestion or create
overcrowding in the establishment or in the immediately surrounding area.
2. The Applicant must comply with applicable licensing and permit provisions
of the Texas Alcoholic Beverage Code, as amended from the date of the
issuance of the SUP by the Town Council.
3. The Applicant shall bear the burden of showing that the establishment
does not exceed the limitation on gross receipts from the sales of alcoholic
beverages applicable to its license and SUP.
4. The Applicant shall demonstrate that the granting of the SUP would not be
detrimental to the public health, safety and/or welfare of the citizens of the
Town.
5. The Applicant shall, at all times, provide an adequate number of
employees for security purposes to adequately control the establishment
premises to prevent incidents of drunkenness, disorderly conduct and
raucous behavior. The applicant shall consult with the Chief of
Police/Director of Public Safety who shall act in an advisory capacity to
determine the number of qualified employees necessary to meet his/her
obligation hereunder.
6. The establishment shall provide adequate parking spaces to
accommodate its employees and patrons.
7. The Applicant shall operate the establishment in such a manner as to
prevent excessive noise, dirt, litter and odors in the establishment and in
the surrounding area and operate the establishment in such a manner as
to minimize disturbance to surrounding property owners and in compliance
with all applicable Town ordinances and state laws.
A Specific Use Permit runs with the property and is not affected by a change in
the owner or lessee of a permitted establishment.
A Specific Use Permit may be discontinued if the use for which the SUP was
granted ceases to be operated at the permitted location for a minimum period of
six (6) continuous months.
Town Council Authority
The Town’s Alcohol Beverage Ordinance grants the Town Council the authority
to deny an SUP if it determines that the issuance of the SUP is incompatible with
the surrounding uses or property, or is detrimental or offensive to the
Planning and Zoning Commission Page 32 of 38 Meeting Date: April 7, 2011
neighborhood or contrary to the health, safety, and general welfare of the Town
and its inhabitants.
The Town Council has the authority to grant an exception for the requirement of
an SUP for temporary special events after review and recommendation by the
Planning and Zoning Commission. For such events, both the Planning and
Zoning Commission and the Town Council consider: hours of the event, impact
on surrounding area; estimated number of participants; personal and property
security; duration and other health, safety and welfare considerations as deemed
appropriate and necessary by the Town Council.
Additional Restrictions
The Town’s alcohol beverage ordinance also restricts the use of alcoholic
beverages in any Town owned or controlled athletic field and all parking lots
servicing such athletic fields. It is unlawful for any person to possess an open
alcoholic beverage container or consume any alcoholic beverage, as defined by
the Texas Alcoholic Beverage Code, in any Town owned or controlled park,
including reserved area(s) within any park, playground, recreation center or any
other area in the Town owned or used by the Town and devoted to active or
passive recreation, including all planted expressways, all parking lots servicing
parks and public areas, parkways, triangles, and traffic islands maintained by the
Town.
It is unlawful for any person to possess an open container or consume any
alcoholic beverage on a public street, public alley, or public sidewalk within 1,000
feet of the property line of a facility that is a public or private school, including a
parochial school, that provides all or any part of pre-kindergarten through twelfth
grade in the buildings or on the grounds of any public school in the Town limits or
at any school related activity conducted within the Town limits.
Recommendations
If the sale of liquor for off-premise consumption is allowed in Trophy Club, the
following changes are recommended to the Town’s regulations:
1. Amend the use tables of the zoning ordinance to define in which zoning
districts liquor stores will be allowed.
Use Tables
Allow the sale of alcoholic beverages for off-premises consumption in the
following zoning districts:
CG – Commercial General District
NS – Neighborhood Service District
As well as in the following Planned Development Districts (with land owner
cooperation):
Planning and Zoning Commission Page 33 of 38 Meeting Date: April 7, 2011
PD-13 Village (Trophy Club Drive and Highway 114)
PD-21 Plaza (Trophy Lake Drive and Highway 114)
PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114)
PD-27 The Highlands Village Center (Bobcat Blvd.)
2. Amend Section 5.02 Sale of Alcoholic Beverages to define “liquor store”.
Require that a Specific Use Permit be required for a liquor store to operate in
Trophy Club; the request to be heard by the Planning and Zoning
Commission and Town Council.
Section 5.02 Sale of Alcoholic Beverages
The regulations of this section of the ordinance currently requires an SUP
for the sale of any activity for which a permit or license is required by TABC.
No amendment needed.
Add a definition for “liquor store”:
A business that sells alcoholic beverages for consumption off-
premises. For the purposes of this Ordinance, the term “liquor
store” does not include grocery stores or convenience stores
in which beer and/or wine is offered for sale as a minor part of
an overall larger inventory of goods. It shall also not include a
restaurant that is otherwise operating in accordance with its
approved liquor license and all other provisions of this
Ordinance.
Amend Section F. 3., the location in the ordinance that defines the types of
alcohol beverage permits allowed in Trophy Club, to require a Town permit
for a liquor store.
3. In cooperation with land owners, amend Planned Development Regulations
for PD-13, PD-21, PD-25 and PD-27 (Village Center) to allow liquor stores.
Planning and Zoning Commission Page 34 of 38 Meeting Date: April 7, 2011
Planning and Zoning Commission Page 35 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-184-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Planning & Zoning Commission
On agenda:Final action:4/7/2011
Title:Discussion and Recommendation regarding a request for approval of a Specific Use Permit for a
restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114,
Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant:
Howard Tseung on behalf of Feng Chen Enterprise, Inc.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion and Recommendation regarding a request for approval of a Specific Use Permit for a
restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114,
Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant:
Howard Tseung on behalf of Feng Chen Enterprise, Inc.
Planning and Zoning Commission Page 36 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-188-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:Planning & Zoning Commission
On agenda:Final action:
Title:Discusson and recommendation for approval of a revised Site Plan and Landscape Plan for
Northwest Independent School District's Byron Nelson High School to expand the parking lots.
Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014
Attachments:
Action ByDate Action ResultVer.
Title
Discusson and recommendation for approval of a revised Site Plan and Landscape Plan for Northwest
Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J.
Thomas Engineering on behalf of Northwest ISD. SP-11-014
Planning and Zoning Commission Page 37 of 38 Meeting Date: April 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-189-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:Planning & Zoning Commission
On agenda:Final action:
Title:Discusson and provide input regarding regulations related to the retail sale of alcoholic beverages for
off-premise consumption.
Attachments:
Action ByDate Action ResultVer.
Title
Discusson and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise
consumption.
Planning and Zoning Commission Page 38 of 38 Meeting Date: April 7, 2011