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Agenda Packet P&Z 10/03/2013Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, October 3, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM 1.2013-608-T Review and approve the minutes of the August 15, 2013, Planning and Zoning Commission meeting. MeetingMinutes 081513.pdfAttachments: PUBLIC HEARING 2.2013-609-T Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Staff Report P&Z 100313 PD-21.pdf Application.pdf Plaza Shopping Center Site Plan.pdf Use Tables E-F-G.pdf Exhibit C - Uses - from PD-21 Development Standards.pdf Newspaper Public Hearing Notice.pdf Property Owner Notification.pdf Property Owners - 200 ft.pdf Attachments: REGULAR SESSION 3.2013-610-T Discussion and Recommendation regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. 4.2013-611-T Discussion and Recommendation regarding Preliminary Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Staff Report - Preliminary Plat - PZ 100313.pdfAttachments: Planning and Zoning Commission Page 1 of 32 Meeting Date: October 3, 2013 October 3, 2013Planning & Zoning Commission Meeting Agenda 5.2013-612-T Discussion and Recommendation regarding Final Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Staff Report - Final Plat - PZ 100313.pdf Application - Final Plat.pdf Attachments: 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. 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, September 30, 2013, 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 ______________________, 2013. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 2 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-608-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/28/2013 Planning & Zoning Commission On agenda:Final action:10/3/2013 Title:Review and approve the minutes of the August 15, 2013, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 081513.pdf Action ByDate Action ResultVer. Review and approve the minutes of the August 15, 2013, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 3 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, August 15, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Senelly called the August 15, 2013 Planning and Zoning Commission meeting to order at 7:01 p.m. and announced a quorum present (7 members). COMMISSION MEMBERS: Commissioner Garrett Reed, Vice Chair Larry Vowell, Chairman Richard Senelly, Commissioner Fred Allen, Commissioner Dale Forest, Commissioner Mark Sadley, and Commissioner Dennis Sheridan Present:7 - STAFF PRESENT: Karen Moore, Recording Secretary Carolyn Huggins, Community Development Director Tom Rutledge, Teague Nall & Perkins GUESTS PRESENT: Travis Clegg, Peloton Land Solutions Mike Lease, Structures & Interiors 2013-470-T1.Review and approve the minutes of the July 18, 2013, Planning and Zoning Commission meeting. MeetingMinutes 071813.pdfAttachments: A motion was made by Commissioner Allen, seconded by Vice Chair Vowell, that the minutes of the July 18, 2013, Planning and Zoning Commission meeting be Approved. The motion carried by the following vote. Aye:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 7 - REGULAR SESSION 2013-473-T2.Discussion and Recommendation regarding a request for approval of an Amended Plat for Neighborhood 7, Phase 2G (32.297 acres) located in The Highlands at Trophy Club. Applicant: Peloton Land Solutions on behalf of High Trophy Development LLC Planning and Zoning Commission Page 4 of 32 Meeting Date: October 3, 2013 August 15, 2013Planning & Zoning Commission Meeting Minutes Application.pdf Staff Report - PZ 081513 - NH 7 Ph 2G.pdf Attachments: Chairman Senelly called forward the applicant, Peloton Land Solutions. Travis Clegg, Peloton Land Solutions, stated that this is an amended plat to correct the 16-ft. side yard building lines so that the plat matches the 15-ft. minimum side yards allowed by zoning. With a 16-ft. build line, the builder was not able to put the pads they wanted on the corner lots. This was a clerical error and this amended plat is to correct those errors. Chairman Senelly stated that one correction is to fix a label that was 25-ft. instead of 15-ft. Mr. Clegg responded that the line was drawn correctly on the plat but it was mislabeled. There were no questions or discussion from the Commissioners and the Chairman called for a motion. A motion was made by Commissioner Sadley, seconded by Commissioner Sheridan, that this agenda item be Recommended for Approval to the Town Council. The Council will hear this case on 09/03/2013. The motion carried by the following vote. Aye:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 7 - 2013-486-T3.Discussion and recommendation regarding a request for approval of a Site Plan of Lot 2R-1, Block B, Trophy Wood Business Center. Applicant: Mike Lease, Structures & Interiors on behalf of David L. Crumpton (SP-13-022) Staff Report - PZ 081513 - Dr Crumpton Site Plan.pdf Application.pdf Concept Plan - PD25.pdf Attachments: Chairman Senelly called the applicant forward. Mike Lease, Structures & Interiors, representing Dr. David Crumpton, a 20-year business man here in Trophy Club, asking for approval of a site plan for their project. Chairman Senelly asked if they are seeking any variances. Mr. Lease responded they are not, but that there is a sizeable tree mitigation requirement for the site. Chairman Senelly asked if they are seeking a variance in regard to tree mitigation. Mr. Lease responded they are not, but he simply wanted to point out that there is a sizeable amount of money being asked for tree mitigation for this site. Chairman Senelly pointed out that it appears the applicant is asking for a modification to the size of the building signs. Mr. Lease stated that they are. He forgot about that. He explained that they can’t find a site for a monument sign along Highway 114 access road frontage due to easements along that road therefore they are asking for a variance for the size of the signage on the building. One of the commissioners asked for the difference in the size of the signage. Mr. Lease stated they are asking for 40-sq. ft. for signage on the building. Commissioner Allen stated that he is a patient of Dr. Crumpton and he wanted to Planning and Zoning Commission Page 5 of 32 Meeting Date: October 3, 2013 August 15, 2013Planning & Zoning Commission Meeting Minutes disclose that on the record. Chairman Senelly responded that he appreciated the disclosure but it didn’t prevent Commissioner Allen from being part of the discussion and recommendation for the case. Commissioner Sheridan asked if the landscaping and photometrics are in compliance or “appear to be” in compliance as stated in the state report. Ms. Huggins stated that an engineer signed and sealed photometrics plan has not been submitted. Mr. Lease stated that they have submitted the signed and sealed plans. Ms. Huggins stated that at this point only the unsigned plan has been reviewed. Regarding the landscape plan, it is in compliance unless a variance is requested for tree mitigation, which could change the landscape plan. Staff didn’t know if the applicant was planning to request a variance for tree mitigation. Commissioner Sheridan asked that tree mitigation be resolved prior to any disturbance of the land (early grading, etc.). Commissioner Sheridan asked if the site plan is approved without a monument sign can the applicant meet the Town’s sign ordinance regulations and install a monument sign without permission of P&Z and Council. Ms. Huggins stated that the addition of a monument sign would require a site plan approval amendment brought back before P&Z and Council. Commissioner Sheridan asked if the outstanding comments have been met. Ms. Huggins responded that those comments have been met and the Town Engineer has provided a letter of approval. Ms. Huggins passed out a copy of the Town Engineer’s approval letter to each commissioner. Commissioner Sheridan asked if the fire department has approved the ingress/egress. Ms. Huggins stated that they have. Commissioner Sheridan stated that he doesn’t see ADA ramps on the public walkways. Chairman Senelly stated that the accessible route is noted, but not the details. Ms. Huggins stated that they will be shown on the building plans. Commissioner Reed asked when the photometrics plans were submitted to the Town. Mr. Lease stated that the seal on the plans is 8/6/13. There was no further discussion and the Chairman called for a motion. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this agenda item be Recommended for Approval with the following stipulations: 1) that a signed and sealed photometrics plan review be completed. This item will be heard by the Town Council on 9/3/2013. The motion carried by the following vote. Aye:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 7 - EXECUTIVE SESSION 2013-487-T4.Pursuant to Texas Government Code, Annotated, Subchapter 551, the Planning and Zoning Commission will convene into closed Executive Session as authorized by Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Appointment of vacant positions for the Planning and Zoning Planning and Zoning Commission Page 6 of 32 Meeting Date: October 3, 2013 August 15, 2013Planning & Zoning Commission Meeting Minutes Commission. RECONVENE INTO REGULAR SESSION 2013-474-T5.Discussion and recommendation to Town Council for appointments/reappointments to Planning and Zoning Commission. Commission members terms expiring: Dale Forest, Larry Vowell and Garrett Reed. Applications.pdfAttachments: The Planning and Zoning Commission made the following motion regarding appointments/reappointments: Commissioner Allen, seconded by Commissioner Sheridan, made a motion to recommend to the Town Council appointment of Brent Card to the Planning and Zoning Commission. The vote was unanimous. Commissioner Sheridan, seconded by Commissioner Sadley, made a motion to recommend to the Town Council the reappointment of Vice Chairman Vowell and Commissioner Garrett Reed to the Planning and Zoning Commission. The vote was unanimous. Aye:Commissioner Reed, Vice Chair Vowell, Chairman Senelly, Commissioner Allen, Commissioner Forest, Commissioner Sadley, and Commissioner Sheridan 7 - 2013-471-T6.Chairman Senelly discussion and summary of the 20th Annual Elected and Appointed Officials Planning Workshop held on Monday, July 29, 2013, in Hurst, Texas, and attended by Chairman Senelly and Commissioner Allen. 2013 - TX APA MW Workshop.pdfAttachments: Chairman Senelly discussed and summarized the seminar workshop that Fred Allen and Chairman Senelly attended on July 29. He provided copies of the proceedings to Carolyn Huggins and requested that she forward those to the Planning and Zoning Commissioners. 2013-472-T7.Staff Liaison update: (1) Council action on August 5 of Veranda Avenue Final Plat; (2) Zoning Change Request for Trophy Wood Commercial Center; (3) Zoning Change Request for Hillside Pointe; (4) Discussion of future agenda items. Staff Liaison Update: (1) Council action on August 5 of Veranda Avenue Final Plat - Approved; (2) Zoning Change Request for Trophy Wood Commercial Center - Approved; (3) Zoning Change Request for Hillside Pointe – Tabled to August 19 Council meeting date; (4) Discussion of future agenda items. ADJOURN 8:38 p.m. The meeting was adjourned at 8:38 p.m. Planning and Zoning Commission Page 7 of 32 Meeting Date: October 3, 2013 August 15, 2013Planning & Zoning Commission Meeting Minutes _________________________________________ Richard Senelly, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 8 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-609-T Name: Status:Type:Agenda Item Public Hearing File created:In control:9/28/2013 Planning & Zoning Commission On agenda:Final action:10/3/2013 Title:Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Attachments:Staff Report P&Z 100313 PD-21.pdf Application.pdf Plaza Shopping Center Site Plan.pdf Use Tables E-F-G.pdf Exhibit C - Uses - from PD-21 Development Standards.pdf Newspaper Public Hearing Notice.pdf Property Owner Notification.pdf Property Owners - 200 ft.pdf Action ByDate Action ResultVer. Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Planning and Zoning Commission Page 9 of 32 Meeting Date: October 3, 2013 SUBJECT: Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow a retail store for the sale of electronic cigarette supplies as a permitted use. Applicant: Trophy Vapor, Inc. APPLICANT: Umair Kaimkhani, Owner Trophy Vapor, Inc. Also known as Artisan Vapor Company PROPERTY MANAGEMENT: Sunwest Real Estate Group 14160 Dallas Parkway #700 Dallas, TX 75254 The property management company has reviewed and approved Trophy Vapor, Inc.’s request. PROPERTY LOCATION: 301 Trophy Lake Drive #148 Plaza Shopping Center ZONING: Planned Development No. 21 (PD-21) CASE REVIEW: The “Plaza” shopping center, PD-21, allows “Professional, Business and Retail uses” as outlined in the attached “Exhibit C”, the Development Standards for this Shopping Center, as well as in Divisions E, F, and G of the Comprehensive Zoning Ordinance. The PD development standards state that if a use is not listed in the PD document, then it is prohibited. An electronic cigarette supply is not listed as a permitted use. The applicant would like to amend “Exhibit C” of the ordinance to allow this use. PLANNING & ZONING COMMISSION STAFF REPORT October 3, 2013 Amendment to Planned Development No. 21 Planning and Zoning Commission Page 10 of 32 Meeting Date: October 3, 2013 The applicant has provided the following explanation for the type of store they wish to put in the Plaza Shopping Center. The applicant has also provided a list of other metroplex locations for this type of store. The Artisan Vapor Company is a purveyor of electronic cigarette supplies. We are a full-service electronic cigarette retail store located in 6 locations throughout DFW. Our goal is to assist our customers in transitioning from tobacco products. Our hours of operation: Monday to Saturday 10am to 8pm Sunday 12pm to 6pm Artisan Vapor Company locations: Artisan Vapor East Plano Artisan Vapor West Plano 908 E 15th St 2108 Dallas Pkwy. #204 Plano, Texas Plano, Texas 75093 Artisan Vapor Irving Artisan Vapor Bedford 4835 N. O'Connor Rd. #114 1424 Airport Fwy., Suite K2 Irving, Texas 75062 Bedford, Texas Artisan Vapor Arlington Artisan Vapor Ft. Worth 5005 S. Cooper St. #181 5500 Overton Ridge Blvd. #238 Arlington, Texas 76017 Ft. Worth, Texas 76132 PUBLIC HEARING AND PROPERTY OWNER NOTIFICATION: A notice of public hearing is required for an amendment to a PD. This request was published in the local newspaper on Wednesday, September 18, 2013, and property owners within 200-ft. of the shopping center were notified of this request. Copies of the notices are attached. SUMMARY: The Plaza Shopping Center, zoned as a planned development, has specific uses listed as permitted uses. If a use is not listed as a permitted use, it is prohibited. A “tobacco” shop is a permitted use in PD-21, but the applicant states that electronic cigarettes do not contain tobacco. According to the Food and Drug Administration, electronic cigarettes are considered to be “battery powered devices made of plastic or metal that heat a liquid nicotine solution, creating vapor that users inhale”. Staff could not find a use in PD-21 or in the Use Tables, Sections E, F, and G that allow this type of use in the PD; thus requiring the applicant to come before P&Z and Council for approval to add this type of store as a permitted use in PD-21. The shopping center is designed for a variety of retail uses to fit the needs of the surrounding residential community and an electronic cigarette store appears to be compatible with the permitted uses existing in the PD. Sales tax is charged and collected on products sold in this type of store. There is adequate parking in the shopping center for this type of use. The hours of operation, 6 days per week 10 a.m. to 6 p.m. and on Sunday from noon to 6 p.m. is compatible with the Planning and Zoning Commission Page 11 of 32 Meeting Date: October 3, 2013 allowed Hours of Operation per the PD: 6 a.m. to 11 p.m. The property management company has approved a lease for this type of use. There have not been any concerns received (to date) from the property owners within 200-ft. of the shopping center regarding adding this type of use. For these reasons, staff recommends approval. Attachments: Application PD-21 Site Plan Use Tables E-F-G Exhibit C Development Standards (Pages 1-3 only) Public Hearing Notification – Newspaper Property Owner Notification List of Property Owners within 200 ft. Planning and Zoning Commission Page 12 of 32 Meeting Date: October 3, 2013 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 3 o f 3 2 M e e t i n g D a t e : O c t o b e r 3 , 2 0 1 3 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 14 of 32 Me e t i n g Da t e : Oc t o b e r 3, 20 1 3 Chapter 13 - Zoning 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 D. COMMUNITY FACILITIES 1. Athletic Field, Stadium, Auditorium, Gym P 2. Cemetery and Mausoleums P 3. Commercial Swimming Pool P 4. Cultural Buildings and Facilities C C C P 5. Golf Course, Clubhouse, Related Facilities P 6. Gov. Maint Bldg, Storage Yards C C C 7. Municipal Admin, Public Service Facilities P P P P P P P P P P P P P P P P P 8. Park, Playground, Playlots, Related Facilities P P P P P P P P P P P P P P P P P 9. Privately Owned & Operated Playground C C C C C C C C C C C C C C C C C 10. Public Animal Pounds & Shelters 11. Public Safety Facilities P P P P P P P P P P P P P P P P P 13. Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 14. Social, Recreational, Assembly Bldgs P P P 15. Tennis, Handball, Racquet Ball Clubs P 16. Utility Facilities, Garage, Storage Bldg/Yard C C 17. Utility Facilities, Distribution Lines P P P P P P P P P P P P P P P P P 18. Utilities Facilities, Energy Plant C C 19. Utility Facilities, Office P C C E. PROFESSIONAL 1. Accounting Office P P 2. Admin, Executive, Editorial Office P P 3. Architectural, Eng, Planning Office P P 4. Attorney’s Office P P 5. Hospital 6. Insurance Office P P 7. Extended Stay Surgery Center 8. Personal/Family Counselor P P 9. Physician and/or Dentist P P 10. Public Secretary P P Planning and Zoning Commission Page 15 of 32 Meeting Date: October 3, 2013 Chapter 13 - Zoning 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 F. BUSINESS 1. Barber, Beauty, Styling Shops P P 2. Health, Athletic Shops P P P 3. Massage Shops 4. Medical, Dental, Chiropractic, Optometry, etc. P P 5. Real Estate Office P P 6. Tanning Salon P 7. Travel Bureau or Agency P P 8. Weight Reduction Studio P P P G. RETAIL 1. Art Studio P 2. Art Supply Store P 3. Arts, Crafts, Hobby Shops P 4. Bakery Shops P 5. Bicycle Shop P 6. Beer & Wine Sales (Off-Premise Consumption Only) S* S* S* S* S* S* 7. Confectionary Shop P 8. Dairy Food Shop P 9. Dance Studio P 10. Drug Store, Apothecary, Pharmacy P 11 Dry Cleaners, Pick-up and Drop-off P 12 Dry Cleaning Plan 13 Duplication and Mailing Service P 14 Electrical Goods and Fixtures P 15 Fabric and Knitting Shop P 16 Florist P 17 Grocery Store P 18 Hardware Store P 19 Household Appliance Store P 20 Household Furnishings, Fixtures P 21 Ice Cream Shop P 22 Jewelry, Watch Store P 23 Music Store P 24 Tanning Salon P 25 Pawn Shop P 26 Photograph Service & Studio P P 27 Printing, Publishing, Engraving P 28 Restaurant C C C 29 Restaurant, Drive-In 30 Restaurant w/Alcoholic Beverage Sales C C C Planning and Zoning Commission Page 16 of 32 Meeting Date: October 3, 2013 Chapter 13 - Zoning 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 G. RETAIL CONT’D 31 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 32 Sporting Goods Store P P 33 Wallpaper, Paint Store P 34 Wearing Apparel Store P H. RECREATIONAL 1. Community Center (Non-Profit) C C C C C C C C C C C C C C C C P 2. Country Club, Private P 3. Golf Course P 4. Private Health Club P P P 5. Private Stable P 6. Swimming Pool (Private Club) P 7. Swimming Pool, Tennis Court (Non- Profit) C C C C C C C C C C C C C C C C P 8. Tennis Court (Private Residence) C C C C C C C C C C C C (Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use F(6), Ord. No. 2005-07 P&Z, § 4/18/05) Planning and Zoning Commission Page 17 of 32 Meeting Date: October 3, 2013 With Amendments through 2013-05 EXHIBIT “C” DEVELOPMENT STANDARDS SHOPPING CENTER TROPHY LAKE DRIVE & TROPHY CLUB DRIVE TROPHY CLUB, TEXAS The development of the Land described in Exhibit “A” consisting of approximately 13.07 acres of land shall be in accordance with the PD Site Plan of the development (attached hereto as Exhibit “B”), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 98-29 P&Z), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a variety of retail commercial uses. For development purposes, the Land is divided into three tracts (Tracts 1 2 & 3 as shown on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit “B”): The following standards shall apply to Tracts 1, 2 & 3: (a) Size of tracts: Tract 1 shall contain approximately 10.99 acres of land. Tract 2 shall contain approximately 1.14 acres of land. Tract 3 shall contain approximately 1.85 acres of land. (b) Uses generally: In the development and use of Tracts 1, 2 & 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (c) Permitted uses: (i) All uses listed in Section 13 of the Use Table in the Comprehensive Zoning Ordinance under Divisions E-Professional, F-Business, and G-Retail. (ii) Other uses permitted include: Antiques Store Audio, Video, Stereo (no arcade games or adult rentals) Bank Building & Drive Through Bath Shop Book Stores Cameras/Fi1m Processing Cards and Gifts Children's Wear China and Glassware Planning and Zoning Commission Page 18 of 32 Meeting Date: October 3, 2013 With Amendments through 2013-05 Computer/Software Cosmetics/Beauty Supply Curtains and Drapes Fitness/Workout Facility (Ordinance No. 2007-26 P&Z, October 1, 2007) Floor Coverings Food Service Formal Wear/Rental Fuel Station Accessory to Grocery Store or Other Anchor Type Use (Only allowed in Tract 1) (Ordinance No. 2012-02 P&Z, January 23, 2012) Furniture Grocery Store Ice-cream Store Juice Store Kitchen Store Lamps Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF-2000 or equivalent). This facility shall not provide equipment or services for another laundry or dry cleaning location. (Ordinance No. 2000-14 P&Z, July 18, 2000) Liquor Store (with SUP and only allowed in Tract 1) (Ordinance No. 2011-27 P&Z, July 18, 2011) Luggage and Leather Mailing And Packaging/Post Office; Men's Wear Nail Salon Newspaper/magazine Office Supplies Party Supplies Pharmacy Picture Framing Records and Tapes Restaurants Shoe Repair Shoes Sporting Goods Store Stationery-School Supplies Tailor Telephone Store Tobacco Toys Women's Ready-To-Wear/Women's Specialty (iii) Outdoor pay phones shall not be permitted. Planning and Zoning Commission Page 19 of 32 Meeting Date: October 3, 2013 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: September 13, 2013 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, September 18, 2013 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, October 3, 2013 TOWN COUNCIL Monday, October 21, 2013 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, October 3, 2013, to consider amending Ordinance No. 99-17 P&Z, Planned Development No. 21 (PD-21), Plaza Shopping Center located on Trophy Lake Drive, to allow an Electronic Cigarette Supply store as a permitted use, and other miscellaneous changes to PD-21 as related to this request as deemed necessary. The Town Council will hear the above item on Monday, October 21, 2013 in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission Page 20 of 32 Meeting Date: October 3, 2013 Q:\P&Z\PD-21 TROPHY CLUB PLAZA\TROPHY VAPOR, INC\Property Owner Notification Explanation.doc Planning & Zoning Commission and Town Council NOTICE of PUBLIC HEARING PUBLIC HEARING DATE: P&Z – Thursday, October 3, 2013 TOWN COUNCIL – Monday, October 21, 2013 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building - Boardroom 100 Municipal Drive, Trophy Club Texas 76262 LOCATION OF REQUEST: 101 Trophy Lake Drive, in Planned Development Zoning District No. 21 (PD- 21), known as the Plaza Shopping Center. PROPERTY MANAGEMENT: Sunwest Real Estate Group APPLICANT: Trophy Vapor, Inc. PURPOSE OF PUBLIC HEARING: Request for an amendment to PD-21, Trophy Club Plaza, 101 Trophy Lake Drive, to allow a retail store that sells electronic cigarette supplies. TO SURROUNDING LAND OWNERS: Property owners within 200-ft. (two hundred feet) of the Plaza Shopping Center receive written notification of the request to amend PD-21. All interested property owners are encouraged to attend a hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins or by email chuggins@trophyclub.org ACTION: The Planning & Zoning Commission makes a recommendation to the Town Council, and the Town Council has the authority to approve or deny this request. QUESTIONS OR COMMENTS: Contact Carolyn Huggins, Community Development Director, 682-831-4681. Planning and Zoning Commission Page 21 of 32 Meeting Date: October 3, 2013 Trophy Club Country Club 500 Trophy Club Dr Trophy Club, TX 76262 RE: 800 Trophy Club Dr The Church at Trophy Lakes c/o Jimmy McCloud 9 Shasta Dr Trophy Club, TX 76262 RE: 700 Trophy Club Dr Beck Properties Trophy Club LP 6211 Raintree Ct Dallas, TX 75254-8602 Sylvia R Simpson 7 Village Trl Trophy Club, TX 76262 Clint Klease & Tara Thacker 5 Village Trl Trophy Club, TX 76262 Royce E Jones 3 Village Trl Trophy Club, TX 76262 RE: 1 Village Trl Larry D Smith 1124 Sunset Dr Trophy Club, TX 76262 RE: 1 Paint Rock Ct BV Properties LLC 304 E Franklin St Grapevine, TX 76051-5420 John E Doshier 3 Paint Rock Ct Trophy Club, TX 76262 Jeannette L Roman 5 Paint Rock Ct Trophy Club, TX 76262 Justin K & Sarah N Whitfield 2 Paint Rock Ct Trophy Club, TX 76262 Rosa M Slover-Roa 4 Paint Rock Ct Trophy Club, TX 76262 Herbert D & Marguerite Bennett 6 Paint Rock Ct Trophy Club, TX 76262 Michael & Pamela Rhame 1 Round Rock Ct Trophy Club, TX 76262 Wilson Reed 3 Round Rock Ct Trophy Club, TX 76262 Mark A Palmer 5 Round Rock Ct Trophy Club, TX 76262 Aaron Matthew & Kalli Jackson 2 Round Rock Ct Trophy Club, TX 76262 Donald E Frisbee, Jr 4 Round Rock Ct Trophy Club, TX 76262 Guynaell Wigley & Christopher Pierce 6 Round Rock Ct Trophy Club, TX 76262 Re: 4 Shasta Dr Daniel A Reckmeyer 5 Timberline Ct Trophy Club, TX 76262 RE: 2 Shasta Dr Maxine I Lewis 414 N Central Ave Richland Ctr, WI 53581-1803 Donna D Wesley 1 Shasta Dr Trophy Club, TX 76262 Donald L Werkstell 7 Meadow Creek Ct Trophy Club, TX 76262 John R Grunthaner 8 Meadow Creek Ct Trophy Club, TX 76262 RE: 905 & 915 Trophy Club Dr Trophy Club Equities LLC 3 Village Trail #123 Westlake, TX 76262-7940 RE: 353 Trophy Lake Dr I & L Dev CO 3141 Hood St Ste 700 Dallas, TX 75219-5022 RE: 541 Trophy Lake Dr Larry P & Laurie Anne Scott, LLC Attn: Real Estate Tax Dept PO Box 1159 Deerfield, IL 60015-6002 Texas Department of Transportation Right of Way Division 4777 US Highway 80 E Mesquite, TX 75150-6642 Planning and Zoning Commission Page 22 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-610-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/28/2013 Planning & Zoning Commission On agenda:Final action:10/3/2013 Title:Discussion and Recommendation regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Attachments: Action ByDate Action ResultVer. Discussion and Recommendation regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc. Suggested Motion: Recommend approval of an amendment to Planned Development No. 21 to allow an electronic cigarette store as a permitted use. Planning and Zoning Commission Page 23 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-611-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/28/2013 Planning & Zoning Commission On agenda:Final action:10/3/2013 Title:Discussion and Recommendation regarding Preliminary Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Attachments:Staff Report - Preliminary Plat - PZ 100313.pdf Action ByDate Action ResultVer. Discussion and Recommendation regarding Preliminary Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Planning and Zoning Commission Page 24 of 32 Meeting Date: October 3, 2013 PLANNING AND ZONING COMMISSION October 3, 2013 SUBJECT : Discussion and Recommendation regarding Preliminary Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. (PP-10-018) PURPOSE: To review and provide a recommendation to the Town Council regarding a Preliminary Plat for the Villas of Hogan’s Glen, Phase II, consisting of 37 residential lots and 5 open space lots. OWNER: Midtown Development, Inc. 12222 Merit Drive, Suite 120 Dallas, TX 75251 APPLICANT: Jason Wight Jones & Carter, Inc. 6509 Windcrest Drive, Suite 600 Plano, TX 75024 COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as residential. This request conforms to the Comprehensive Plan. ADJACENT ZONING/EXISTING LAND USES: North: Parkland - Harmony Park South: “CR” Commercial Recreation - Golf Course Property East: Residential “R-10” – Sections 11 and 12 West: Residential – Estate section of PD-22 The property is located south of Harmony Park between Meadowbrook Lane and Katie Lane. EXISTING CONDITION OF THE PROPERTY: Vacant. The property was zoned as a planned development, Planned Development No. 22 (PD-22) in May 2000. The Villas section of Hogan’s Glen was part of the original zoning. Below is the concept plan from the original PD-22 zoning as presented in 2000, followed by the preliminary plat presented for your consideration: Planning and Zoning Commission Page 25 of 32 Meeting Date: October 3, 2013 Planning and Zoning Commission Page 26 of 32 Meeting Date: October 3, 2013 STAFF ANALYSIS The preliminary plat for the Villas of Hogan’s Glen, Phase II brings forward a plan for 37 single family homes. There is a minimum lot size of 7,200 sq. ft. and each lot in this proposed preliminary plat meets this requirement. Minimum Lot Size 7,200 sq.ft. Front Yard 15 ft. Rear Yard 10 ft. Side Yard 10 ft. Side Yard Adjacent to Street 10 ft. Minimum Lot Depth 100 ft. Minimum Lot Width (at building line 60 ft. Minimum House Size 2,500 sq.ft. The existing temporary turn-around located at the end of Katie Lane is to be abandoned with the final plat and Katie Lane will extend to Meadowbrook Lane with a gate at the intersection of the two streets. SUMMARY The Town Engineer, Tom Rutledge, Teague, Nall & Perkins, has reviewed and approved the preliminary drainage plan and preliminary water and sanitary sewer plans for this neighborhood. The preliminary plat has been reviewed for completeness and generally accepted engineering and planning design principles and standards. It appears that all requirements of the Town’s Subdivision Regulations and Zoning Ordinance have been met. Staff requests a recommendation of approval to the Town Council for the preliminary plat for the Villas of Hogan’s Glen, Phase II. (ch) Attachments: Preliminary Plat (hard copy) Planning and Zoning Commission Page 27 of 32 Meeting Date: October 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-612-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/28/2013 Planning & Zoning Commission On agenda:Final action:10/3/2013 Title:Discussion and Recommendation regarding Final Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Attachments:Staff Report - Final Plat - PZ 100313.pdf Application - Final Plat.pdf Action ByDate Action ResultVer. Discussion and Recommendation regarding Final Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. Planning and Zoning Commission Page 28 of 32 Meeting Date: October 3, 2013 PLANNING AND ZONING COMMISSION October 3, 2013 SUBJECT : Discussion and Recommendation regarding Final Plat approval for an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. (PP-10-018) PURPOSE: To review and provide a recommendation to the Town Council regarding a Final Plat for the Villas of Hogan’s Glen, Phase II, consisting of 37 residential lots and 5 open space lots. OWNER: Midtown Development, Inc. 12222 Merit Drive, Suite 120 Dallas, TX 75251 APPLICANT: Jason Wight Jones & Carter, Inc. 6509 Windcrest Drive, Suite 600 Plano, TX 75024 COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as residential. This request conforms to the Comprehensive Plan. ADJACENT ZONING/EXISTING LAND USES: North: Parkland - Harmony Park South: “CR” Commercial Recreation - Golf Course Property East: Residential “R-10” – Sections 11 and 12 West: Residential – Estate section of PD-22 The property is located south of Harmony Park between Meadowbrook Lane and Katie Lane. EXISTING CONDITION OF THE PROPERTY: Vacant. The property was zoned as a planned development, Planned Development No. 22 (PD-22) in May 2000. The Villas section of Hogan’s Glen was part of the original zoning. Planning and Zoning Commission Page 29 of 32 Meeting Date: October 3, 2013 Planning and Zoning Commission Page 30 of 32 Meeting Date: October 3, 2013 STAFF ANALYSIS The final plat for the Villas of Hogan’s Glen, Phase II brings forward a plan for 37 single family homes. There is a minimum lot size of 7,200 sq. ft. and each lot in this proposed preliminary plat meets this requirement. Minimum Lot Size 7,200 sq.ft. Front Yard 15 ft. Rear Yard 10 ft. Side Yard 10 ft. Side Yard Adjacent to Street 10 ft. Minimum Lot Depth 100 ft. Minimum Lot Width (at building line 60 ft. Minimum House Size 2,500 sq.ft. The existing temporary turn-around located at the end of Katie Lane is to be abandoned with this plat and Katie Lane will extend to Meadowbrook Lane with a gate at the intersection of the two streets. PARKLAND DEDICATION Midtown Development, Inc. is proposing to provide 0.687 acres to fulfill parkland dedication for the Villas section of PD-22. The 0.687 acres will add to the acreage of Harmony Park. SUMMARY Staff and the Town Engineer, Tom Rutledge, TNP Inc., are in the process of final review of the infrastructure engineering documents for the Villas. These documents are being reviewed for completeness and generally accepted engineering and planning design principles and standards so that all requirements of the Town’s Subdivision Regulations and Zoning Ordinance will be met. An update will be provided at the Planning & Zoning Commission meeting on October 3, 2013. Staff anticipates requesting a recommendation of approval to the Town Council for the final plat for the Villas of Hogan’s Glen, Phase II with the stipulation that any outstanding engineering comments must be met prior to Council consideration of this item on October 21, 2013. (ch) Attachments: Application Final Plat (hard copy) Planning and Zoning Commission Page 31 of 32 Meeting Date: October 3, 2013 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 3 2 o f 3 2 M e e t i n g D a t e : O c t o b e r 3 , 2 0 1 3