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Minutes P&Z 01/15/2004 - WorkshopMINUTES OF A WORKSHOP SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 15 JANUARY 2004 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Workshop Session meeting 15 January 2004, at 7:00 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Vice Chairman Stephens Commissioner Ashby Commissioner Moss Commissioner Reed Commissioner Rodgers Commissioner Sheridan STAFF AND GUESTS PRESENT: Kerin C. Fleck Randy Briggs present excused absent present present present present Planning & Zoning Coordinator Community Development Manager CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:04 pm, and announced a quorum was present. 2. REVIEW AND DISCUSS FIRST DRAFT OF AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 2000-06 P&Z, RELATIVE TO THE SALE OF (1) BEER AND WINE FOR OFF -PREMISE CONSUMPTION ONLY; AND (2) THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY. Ms. Fleck briefed the Commissioners on the alcohol use amendment to the Comprehensive Zoning Ordinance (CZO). The Town will be conducting a Local Option Election 7 February 2004, In preparation of the election passing, staff has prepared a first draft of the amendment to the CZO regulating these types of uses. Chairman Hill further discussed the draft with the Commission. He suggested the draft be reviewed page -by -page, making changes and revisions as needed. The following text outlines the questions and issues raised by the Commissioners. (Questions raised are listed on the last page) N:\kfleck\ Private\ PLANNING& ZONING\ MINUTES\ 2004\01 152004 WRKSHP SESS.doc Planning & Zoning Commission Workshop Session Meeting 75 January 2004 Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 2, Section 13 - Use Table is amended as follows: *Subject to the regulations contained in Section 34 of this Ordinance, Article 5, Section 34 - Sale of Alcoholic Beverages is amended as follows: �SECTION 34 - SALE OF ALCOHOLIC BEVERAGES A. Definitions: For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Applicant: A person who submits or files an original or renewal application with the Town of Trophy Club, the County Judge, or the Texas Alcoholic Beverage Commission for a license or permit, ???????9??? Alcoholic Beverage: Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Beer: A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer. Commission: The Texas Alcoholic Beverage Commission, Licensee: A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person, Liquor: Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor, WkfIeck\Private\PLANNING & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] Planning & Zoning Commission Workshop Session Meeting 75 January 2004 Mixed Beverage: One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container or any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. On -Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on -premises consumption. Off -Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off -premises consumption, Permittee: A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person. Premises: The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person, Person: A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. Private School: A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religious or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges. Public School: A school established under the laws of the State (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, town or other district, Schools belonging to the public and established and conducted under public authority. Restaurant: A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place, The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filing stations, Wine and Vinous Liquor: The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers. N:\kfIeck\Private\PLANNING & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] 9� Planning & Zoning Commission Workshop Session Meeting 75 January 2004 B. Sales Prohibited: The sale of beer is not allowed in areas zoned for residential use, including but not limited to PD -Planned Development Districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcohol Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, or public hospital. Measurement of such distance shall be in accordance with the terms of this Ordinance and the Texas Alcoholic Beverage Code, as amended. C. Permits I Fees Established: The annual permit fee for issuing a license or permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the Town is: a. For stores with beer and wine sales for off -premises consumption only, a fee equal to one-half (1/2) of the state fee for such license and permit in effect at the time of the renewal for the annual permit,(KF2) b. Exemption: A mixed beverage permit is exempt during the three- year period following the issuance of the permit.[KF3] C. Payment of Fee(KF4)., (i) Term, The permit fee shall be collected when the application for such permit is requested(KF5). This permit shall be valid only for one year(KF6) it is issued, and if issued during the calendar year, the fee shall be collected in full without reduction and shall be renewed by the applicant annually thereafter during the time that such applicant is engaged in the business of selling alcoholic beverages within the Town, Permit applications shall be filed with the Planning & Zoning Coordinator. D. Zoning Compliance Required: No permit shall be granted under the terms of this Ordinance unless the location at which the business is sought to be established and maintained is(KF7) permitted under (KF8)the Comprehensive Zoning Ordinance of the Town as of or aff er the effective date thereof, E. Business Hours: It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to Chapter 105 of the Texas Alcoholic Beverage Code, as amended. F. Specific Use Permit I SUP Required: Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity WkfieckTrivateTLANNING & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] 9� Planning & Zoning Commission Workshop Session Meeting 75 January 2004 for which a permit or license is required by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use Permit to do so from the Town. All of the provisions of the specific Use Permit procedure shall apply as per the Town of Trophy Club's Comprehensive Zoning Ordinance, as amended. In the event of a conflict between the general regulations governing Specific Use Permits and the provisions contained in this section, the provisions of this section shall control, 2, SUP Application: In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the Planning and Zoning Coordinator with the appropriate fee(KF9). The Planning and Zoning Coordinator shall process the application by submitting to the Planning and Zoning Commission for their recommendation(KFIO) to the Town Council for approval or disapproval, The Trophy Club Town Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages. 3. Compliance with Town Codes and Ordinances: Premises used for the sale or consumption of alcoholic beverages shall comply with all applicable Town Codes as follows: a. Beer and Wine Only: A building utilized for the retail sale of beer and/or wine for off premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. b. Mixed Beverages by Food and Beverage Certificate Holders: A building utilized for the retail sale of mixed beverages for on - premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. C. Procedures Prior to Issuance of Permit: Before any certificate(KFI 1) or other documentation of approval is signed by the Town representative, such certificate or documentation shall be submitted to the Planning and Zoning Coordinator to assure (1) that the application complies with all provisions of this and all applicable ordinances; (2) that a SUP application is officially filed with the payment of applicable fees; (3) that proof is submitted that a representative of the Texas Alcohol and Beverage Commission has approved the submittal of an application for license; and (4) that the Chief of Police/Director of Public Safety has reviewed the SUP application, G. Criteria and Processing of SUP: The following general conditions apply to all Specific Use Permits (SUP) allowing the sale of beer and wine for off premises N:\kf1eck\Private\PLANN1NG & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] 2� Planning & Zoning Commission Workshop Session Meeting 15 January 2004 consumption only and allowing the sale of mixed beverages by food and beverage certificate holders only; 1. The Applicant must design(KF12) 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. As required, 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. The Applicant shall maintain accounting records of the sources of its gross revenue and allow the Town to inspect such records during reasonable business hours. (KF 13) 4. The Applicant shall demonstrate that the granting of the SUP would not be detrimental to the public welfare of the citizens of the Town. (KF 14) 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(KF15) 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. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located, 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. 8. Town Council may deny a SUP if it affirmatively determines that the issuance of such SUP is (a) incompatible with the surrounding uses or property or (b) detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the Town and its inhabitants. 9. Specific Use Permit issued under this Ordinance runs with the property and is not affected by a change in the owner of lessee of a permitted establishment, provided however, that the owner or lessee to whom the N:\kfteck\Private\PLANNING & ZONING\MINUTES\2004\01152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] Page 6 Planning & Zoning Commission Workshop Session Meeting 75 January 2004 premises has been transferred shall within ten (10) business days of such transfer notify the Planning and Zoning Coordinator of such change in ownership or control of the premises for which the SUP was issued. (KF 16) 10, All Specific Use Permits issued under this Ordinance shall be further conditioned that the same 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, H. Distance Measurement(KFI 7) Church or Public Hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and a church of public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections, 2. Public or Private School. The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be: 0. In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or b. If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. Exception to Distance Requirements: Upon receipt of a request, the Planning and zoning Commission will consider and make a recommendation to the Town Council to consider an exception to reduce the distance requirement contained in Section F above and the Town Council shall take final action on such recommendation based upon the criteria specified hereinbelow. A Planning and Zoning Commission recommendation to reduce the distance requirement and final action of the Town Council to allow such reduction shall be based upon the following. Town Council may allow an exception upon proof by the Applicant that he/she meets the following criteria: (a) documented approval from surrounding property owners within the distance requirements for which the exception is sought; proof of preliminary approval from the Texas Alcohol Beverage Commission; a determination by Council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and after consideration of the health, safety and welfare of the public and the equities of such regulation, the Council determines that the exception is in the best interest of the community. N:\kf1eck\Private\PLANN1NG & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] Planning & Zoning Commission Workshop Session Meeting 75 January 2004 2. The Town Council shall have the authority to grant an exception under this Section for temporary special events after review and recommendation by the Planning and Zoning Commission. For such events, both the Commission(KF18) and Council shall 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. 3. No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable(KF19)) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing, J. Exemption From SUP Process For Existing Private Club Operations All existing businesses that, as of the effective date of this Ordinance, operate and hold a permit from the Texas Alcohol Beverage Commission to operate as a private club and that operate legally under the Town's Comprehensive Zoning Ordinance shall be allowed to continue without obtaining an SUP from the Town as long as (1) the location of the business does not change; and (2) the type of business or the type of use from the location within that zoning district remains the same; and (3) such use continues to comply with all applicable ordinances of the Town. Such establishments shall comply with all other requirements of this Ordinance and the ordinances of the Town, including but not limited to those regulations relating to permits and fees, At the time of application for a permit, the Applicant shall supply all pertinent information to the Planning and Zoning Coordinator for registering such use with the Town as required by this Ordinance. K. Possession Or Consumption Prohibited In Certain Areas Park or Public Area(KF20): It shall be unlawful for any person to possess or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any Town owned or controlled park, reservation, playground, recreation center or any other area in the Town owned or sued 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 except as specifically approved by the Town Council, ordinance, or Town Council approved policy which governs such conduct, 2. Schools and School Activities: It shall be 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, N:\kf1eck\Private\PLANN1NG & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59:47 AM] Planning & Zoning Commission Workshop Session Meeting 75 January 2004 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. 3, Athletic Fields: It shall be unlawful for any person to possess or consume any alcoholic beverage in any Town owned or controlled athletic field and all parking lots servicing such athletic fields except as specifically approved by the Town Council, ordinance, or Town Council approved policy which governs such conduct, Staff was directed to address the questions raised by the Commission and bring back a modified version of the draft at the Commission's next meeting, 5 February 2004, 3. REVIEW AND APPROVE MINUTES: A. 18 DECEMBER 2003 A motion was made to approve, as written. Motion: Reed Second: Sheridan Ayes: Hill, Rodgers Nays: None Action: 4-0 Motion carried. 4. ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 8:31 pm, Gen Hilf-Cha'irman K rin C. Fleck, PlarIning & Zoning Coordinator N:\kf1eck\Private\PLANN1NG & ZONING\MINUTES\2004\01 152004 WRKSHP SESS.doc [3/23/04 8:59-47 AM] i� Page: 2 [KF1]This is the zoning designation for Manufactured Housing ... did you know that? Page: 4 [KF2]The Commission wanted to know more about this. Why is the fee 1/2 the state license fee? And why is this specific to beer and wine sales and not mixed beverages? Page: 4 [KF3]Why use "exemption"? Why not instead say the permit is good for 3 years? Page: 4 [KF4]The Commission wanted to know if it's possible to reword this section and possibly clarify that it's referring to a calendar year. Page: 4 [KF5]Consider revising to replace with "submitted"? Page: 4 [KF6]Consider revising and replacing with "the calendar in which" Page: 4 [KF7]Consider revising and replacing with "as a" Page: 4 [KF8]Consider adding "use" under the CZO... Page: 5 [KF9]What is an appropriate fee? Page: 5 [KF1o]A "review" and rec... Page: 5 [KF11]Is this referring to a C.O.? Page: 6 [KF12]What does this mean...? Page: 6 [KF13]Who performs the inspections? At what cost? Who pays? How often are inspections performed? Are the accounting records ever audited? Page: 6 [KF14]How does the applicant demonstrate this? Page: 6 [KF15]They have to? Or is it an option? Page: 7 [KF16]How does a permit get revoked? Can it be revoked? Page: 7 [KF17]Consider changing to: Methods of Determining Distance Measurement Page: 8 [KF18]Is this referring to the Planning & Zoning Commission? Not TABC? Page: 8 [KF19]When is this applicable? Page: 8 [KF20]Can #1 and #3 be combined ... or do they have to be separate?