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Agenda Packet P&Z 08/18/2011Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, August 18, 2011 Call To Order and announce a quorum. 1.2011-406-T Review and approve minutes of the July 7, 2011, Planning and Zoning Commission meeting. MeetingMinutes 070711.pdfAttachments: 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. REGULAR SESSION 2.2011-407-T Discussion and Recommendation regarding a request for Meritorious Exception for Temporary Special Purpose Signs for a "Wounded Warriors" event scheduled for October 1, 2011. Staff Report - PZ 081811 - Meritorious Exception.pdfAttachments: 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 1 of 12 Meeting Date: August 18, 2011 August 18, 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 Monday, August 15, 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 2 of 12 Meeting Date: August 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-406-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/12/2011 Planning & Zoning Commission On agenda:Final action:8/18/2011 Title:Review and approve minutes of the July 7, 2011, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 070711.pdf Action ByDate Action ResultVer. Title Review and approve minutes of the July 7, 2011, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 3 of 12 Meeting Date: August 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, July 7, 2011 Call To Order and announce a quorum. Chairman Hill called the meeting to order at 7:02 p.m. COMMISSION MEMBERS: Vice Chair James Stephens, Commissioner Dennis Sheridan, Chairman Gene Hill, Commissioner Clayton Reed, and Commissioner Gary Richert Present:5 - Commissioner Mike Davidson, and Commissioner Dale ForestAbsent:2 - STAFF PRESENT: Carolyn Huggins, Community Development Director COUNCIL MEMBERS PRESENT: Larry Hoover, Mayor Pro Tem Bill Rose, Councilman Jeanette Tiffany, Councilwoman GUESTS PRESENT: James Hicks, EDC4-B President Nick Sanders, MUD Director and EDC4-B Director Jim Stadler, Grace Development, Applicant PD-13 Amendment Request John Dickerson, Sam Gruner, Will Hajek, Applicants, PD-13 Liquor Store SUP Request Ryan Griffin, Regency Centers L.P., Appicant, PD-21 Amendment Request CHAIRMAN HILL'S OPENING REMARKS: Good evening. Thank you for your interest in the issues scheduled to be heard before the Planning and Zoning Commission tonight. Our Regular Meetings are public sessions on the first and third Thursday evenings of the month and you are always welcome to attend. Any persons present desiring to be heard during the Public Hearing concerning the items listed on tonight’s agenda should sign up on a form available by the door and present it to Ms. Huggins. Each speaker will be allocated 3 minutes for their statement on the item under consideration. Tonight’s meeting will consist of a series of Public Hearings, Discussion, and P&Z Recommendations on items as listed on our procedural agenda. During the Public Hearings the Commission will hear from all persons who have signed up to speak. However, a Public Hearing is not conducted as a “town meeting”. There are to be no spontaneous questions or comments addressed from the Planning and Zoning Commission Page 4 of 12 Meeting Date: August 18, 2011 July 7, 2011Planning & Zoning Commission Meeting Minutes audience to the Commissioners or to other speakers concerning their statements or positions on the issues. If you signed up to speak and hold similar positions to earlier speakers, please so state and assist the Chair in expediting tonight’s meeting. I request that Commissioners take note of the names of tonight’s Public Hearing speakers and any points they make which a Commissioner might desire to pursue further during the Public Meeting, as we will not interrupt or question speakers or conduct discussions during the Public Hearing. Following this introduction, the Commission will open the Public Hearings. When all speakers on the items have been heard, the Public Hearings will be closed and the Commission will be convened into Regular Session. The Commission will then discuss and take action on each of the Public Hearing items as listed on our agenda. It is a matter of routine that items heard and recommended from the Planning and Zoning Commission will appear on future agendas of the Town Council for final action. We will now proceed with the Public Hearings regarding the items as posted on tonight’s agenda. 2011-314-T1.Review and approve minutes of the April 7, 2011, Planning and Zoning Commission meeting. Commissioner Sheridan voted against approval of the minutes in protest of the lack of content. He wishes to see more detail than just the action taken on the item. A motion was made by Commissioner Reed, seconded by Commissioner Richert, that this Agenda Item be Approved . The motion carried by the following vote. Aye:Vice Chair Stephens, Chairman Hill, Commissioner Reed, and Commissioner Richert 4 - No:Commissioner Sheridan1 - 2011-315-T2.Review and approve minutes of the April 19, 2011, Planning and Zoning Commission meeting. Commissioner Sheridan voted against approval of the minutes in protest of the lack of content. He wishes to see more detail than just the action taken on the item. A motion was made by Vice Chair Stephens, seconded by Commissioner Reed, that this Agenda Item be Approved . The motion carried by the following vote. Aye:Vice Chair Stephens, Chairman Hill, Commissioner Reed, and Commissioner Richert 4 - No:Commissioner Sheridan1 - Citizen Presentation None PUBLIC HEARING 2011-336-T3.Public Hearing to consider a request for a replat of Lot 1, Block A, Trophy Club Plaza. Applicant: Regency Centers, L.P. (RP-11-018) Staff withdraws this item for consideration, but it is on this agenda because it Planning and Zoning Commission Page 5 of 12 Meeting Date: August 18, 2011 July 7, 2011Planning & Zoning Commission Meeting Minutes was advertised in the newspaper as a public hearing on this date. This item will be brought back at some time in the future and, if necessary, re-advertised at that time. 2011-313-T4.Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD-13), the “Village”, Ordinance No. 95-20, Exhibit “C” Development Standards to allow a Liquor Store use to the list of Permitted Uses for Tract I. Applicant: Grace Development (PD-AMD-11-036) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. 2011-332-T5.Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. 2011-334-T6.Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. (PD-AMD-11-037) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. REGULAR SESSION 2011-316-T7.Consider and take appropriate action regarding an Ordinance amending Planned Development No. 13 (PD-13), “Village”, Ordinance No. 95-20, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1; providing a penalty; and providing an effective date. Applicant: Grace Development (PD-AMD-11-036) PD-13 is the Village Shopping Center located at Highway 114 and Trophy Club Drive. The property management company, Grace Development, is asking for permission to add a liquor store as a permitted use in Tract 1 of this shopping center. This request requires consideration by the planning and zoning commission and town council because changing a “use” within a shopping center is considered a zoning change which requires P&Z and Council consideration. This shopping center is designed for a variety of commercial retail and commercial offices uses. Adding this business use does not change the original PD maximum floor area of number of buildings. It does not require additional parking. A liquor store in this shopping center would be required to observe TABC hours of operation for a package store establishment which is 10 a.m. to 9 p.m. Monday through Saturday. TABC regulations require a package liquor store to be closed on Sunday. As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within at least 500-ft. of the shopping center were notified of this request. We actually notified within 800 to 900 feet of the shopping Planning and Zoning Commission Page 6 of 12 Meeting Date: August 18, 2011 July 7, 2011Planning & Zoning Commission Meeting Minutes center. Review of the request finds that the change of use to add a liquor store in this shopping center is in keeping with the requirements asked by Council – that a liquor store use be part of a shopping center with other tenants. In addition, this shopping center has vacant space immediately available for a tenant and, in fact, a Specific Use Permit from a liquor store company is on this same agenda. There is adequate ingress/egress to the shopping center to accommodate this use. The shopping center is located along State Highway 114 and will have easy on/off access to State Highway 114 once construction is completed for the 114/170 interchange. In addition, Trophy Club residents can access the shopping center from Trophy Club Drive. Adequate parking exists for this use – it is anticipated that customers will not park for long periods of time in the shopping center, but will turnover fairly rapidly Staff recommends approval of an amendment to Planned Development No. 13 to allow a liquor store in Tract 1 of the Village shopping center. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be Recommended for Approval to the Town Council, on 7/18/2011. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert 5 - 2011-333-T8.Consider and take appropriate action regarding a request for a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) This is a request from Centennial Beverage Group to open a liquor store in PD-13, Village Shopping Center. This request is dependent upon approval by Council of the zoning change request for PD-13. If that request is denied, this request is automatically denied as it would not meet zoning requirements. Centennial is planning to open a 6,000 sq. ft. store on the western end of the shopping center and the store will be called Majestic Fine Wines and Spirits. The store will sell liquor, beer, and wine and the applicant has indicated that they will also be putting in a humidor and a wine tasting bar. Wine tasting bars in package stores are regulated by TABC. A permit is required and the size and quantity of the samples are strictly regulated so having a wine tasting area inside a liquor store would comply with the Town’s regulations but would also be subject to TABC license regulations. The applicant’s has indicated that the hours of operation will be 10 a.m. to 9 p.m. Monday through Saturday. Closed on Sunday. The applicant has indicated that they plan to open in late October. They have discussed and reviewed their security plans with the Chief of Police, Chief Kniffen, and those plans will be further reviewed during the tenant finish out of the store. Parking meets the Town’s requirements. Proposed signage is subject to Town signage regulations. The store meets the requirements of distance from churches, schools, and day cares. The closest establishment of that type is a church – the regulations require a Planning and Zoning Commission Page 7 of 12 Meeting Date: August 18, 2011 July 7, 2011Planning & Zoning Commission Meeting Minutes minimum 300-ft. distance and the church is over 2,000 ft. away. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be Referred to the Town Council, on 7/18/2011. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert 5 - 2011-335-T9.Consider and take appropriate action regarding an Ordinance amending Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive; providing a penalty; and providing an effective date. This request is to add a liquor store, subject to SUP approval, to the permitted uses for PD-21. There is adequate parking for a use of this type – when constructed, the shopping center was required by regulation to provide 533 parking spaces. The center was actually built with 655 spaces. A liquor store in this shopping center would be limited to hour of operation as allowed by TABC, which is 10 a.m. to 9 p.m. Monday through Saturday, closed on Sunday. If this request is approved, a liquor store proprietor is required to come before the Planning and Zoning Commission and Town Council with a Specific Use permit request. An SUP request has not been submitted at this time. A motion was made by Commissioner Sheridan, seconded by Commissioner Richert, that this Agenda Item be Recommended for Approval to the Town Council, on 7/18/2011. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert 5 - Adjourn Meeting Adjourned at 7:41 p.m. _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 8 of 12 Meeting Date: August 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-407-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/12/2011 Planning & Zoning Commission On agenda:Final action:8/18/2011 Title:Discussion and Recommendation regarding a request for Meritorious Exception for Temporary Special Purpose Signs for a "Wounded Warriors" event scheduled for October 1, 2011. Attachments:Staff Report - PZ 081811 - Meritorious Exception.pdf Action ByDate Action ResultVer. Title Discussion and Recommendation regarding a request for Meritorious Exception for Temporary Special Purpose Signs for a "Wounded Warriors" event scheduled for October 1, 2011. Planning and Zoning Commission Page 9 of 12 Meeting Date: August 18, 2011 PLANNING & ZONING COMMISSION STAFF REPORT August 18, 2011 Request for Meritorious Exception - Signage SUBJECT: Discussion and recommendation regarding a request for meritorious exception for temporary special purpose signs for a Wounded Warriors event scheduled for October 1, 2011. APPLICANT: Gene Popik On behalf of Wounded Warriors Inc. Wounded Warriors Project www.TCSWW.org SPECIAL PURPOSE SIGNAGE REGULATIONS Chapter 5-General Land Use, Article IV-Sign Regulations defines a Special Purpose Sign as a temporary sign that is either on-premise or off-premise that provides identification or information pertaining to a special event or occurrence sponsored by a non-profit or civic organization. Section 4.05-Temporary Signs, Subsection E. Special Purpose Signs: Allows the non-profit organization to place one (1) special purpose sign no more than four (4) square feet on a premise or lot for up to fourteen (14) days prior to the event, and shall be removed within twenty-four (24) hours following the event. REQUEST Gene Popik, organizer of the Trophy Club event to benefit Wounded Warriors, is asking for an exception to the sign regulations to allow: (1) Two banners, each one 36 sq. ft. in size; (2) Banners to be allowed for more than 14 days prior to the event, and shall be removed within forty-eight (48) hours following the event. Planning and Zoning Commission Page 10 of 12 Meeting Date: August 18, 2011 6 x 6 sq. ft banner: 9 x 4 sq. foot banner: Planning and Zoning Commission Page 11 of 12 Meeting Date: August 18, 2011 PLANNING AND ZONING COMMISSION RECOMMENDATION: Section 4.10-Meritorious Exceptions and Appeals A primary objective of the sign regulations is to ensure against signage of low visual quality. On the other hand, another primary objective is to guard against over control. It is not the intent of the sign criteria to discourage innovation. It is conceivable that signage proposals, while nonconforming and not allowable to the sign regulations, may have merit to the particular site or situation. Upon request, the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a meritorious exception. (ch) Planning and Zoning Commission Page 12 of 12 Meeting Date: August 18, 2011