Minutes P&Z 01/05/2012Trophy Club Entities
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Meeting Minutes
Planning & Zoning Commission
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, January 5, 2012 7:00 PM Svom Municipal Building Boardroom
Call To Order and announce a quorum.
Chairman Hill called the meeting to order at 7 p.m. with a quorum (6 members)
present.
COMMISSION MEMBERS:
Present: 6 - Vice Chair James Stephens, Commissioner Mike Davidson,
Commissioner Dennis Sheridan, Commissioner Dale Forest, Chairman
Gene Hill, and Commissioner Clayton Reed
Absent: 1 - Commissioner Gary Richert
STAFFPRESENT'
Carolyn Huggins, Community Development Director
COUNCIL PRESENT.'
Councilman Bill Rose
PUBLIC HEARING
2011.653•T Public Hearing regarding an Amendment to Ordinance No. 1999-17 P&Z,
Planned Development No. 21 (PD -21), Plaza Shopping Center, to allow a
fuel station as a permitted use. Applicant: Regency Centers, L.P. on
behalf of Tom Thumb Grocery Store. (PD AMD -11-038)
Chairman Hill opened the public hearing and asked the applicant to come forward.
Dorothy Parks, Regency Centers, L.P., stated that the proposal is to allow a fuel
center as a permitted use. The location of the fuel center will be north of the Bank of
America Center in the existing Tom Thumb parking lot. The location was determined
based on consideration of the other retail tenants as well as the proximity to Tom
Thumb's front door. The proposal is to allow for four (4) fuel kiosks which would be a
total of eight (8) pump stations. Ms. Parks showed stone/EFIS elevations for the
kiosks and stated that they believe they are consistent with the fagade of the existing
center. A kiosk would be manned during store hours which are currently 6 a.m. to 1
a.m.
There were no requests to speak for this item.
Ms. Huggins informed the Chairman and Commissioners that a letter of support was
received from a resident, Joseph Hill, 3 Shasta Drive, a copy of which was given to
each Commissioner at the meeting this evening.
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Chairman Hill closed the public hearing and moved to Item 6 of the agenda to have
the decision of the public hearing item.
Referred to the Town Council due back on 1/23/2012
REGULAR SESSION
2. 2011-633-T Discussion and recommendation regarding granting a Special Privilege
Request to the Trophy Club Women's Club to hold two Community
Garage Sale Events, the first on April 21, 2012 and the second event to
occur on October 20, 2012. Applicant: Sally Freeman on behalf of
Trophy Club Women's Club.
Ms. Freeman thanked the Commissioners for their time and stated that she is here to
seek authorization for the garage sale dates of Saturday, April 21, 2012 and October
20, 2012. She stated that the dates have been coordinated with Town Staff— April
Railing, Carolyn Huggins, Stephen Seidel and Mike Slye via smalls with Joyce Frey
the President of Trophy Club Women's Club. She asked for waiver of the $25 fee so
that there will be an extra $25 to submit to charitable causes.
Commissioner Forest made a motion recommending approval to the Town
Council to grant a Special Privilege Request to the Trophy Club Women's Club
to hold two Community Garage Sale Events, April 21 and October 20, 2012 and
to waive the fee. Commissioner Davidson seconded the motion. The vote was
unanimous 6.0.
Aye: 6 - Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
2011-634-T Discussion and Recommendation regarding a request for approval of a
Final Plat for Neighborhood 6, Phase 2F (7.722 acres) located in The
Highlands at Trophy Club, R. Allen Survey, Abstract No. 5 and Abstract
No. 17. Applicant: Kyle Salzman, Jacobs Engineering Group Inc. on
behalf of High Trophy Development LLC. (FP -11-044)
Kyle Salzman, Jacobs Engineering, introduced himself and stated that he is available
to answer any questions from the Commissioners.
Commissioner Davidson asked if Sheet 12 of the construction plans was included in
the packet. Ms. Huggins stated that it was not. The construction plans are reviewed
and approved by the Town Engineer, Tom Rutledge, who is in attendance this
evening if the Commissioners have any questions. Mr. Rutledge confirmed that he
would review the final plans and ensure that the discrepancy on Sheet 12 is
corrected..
Commissioner Sheridan asked why Note 4 is different on this plat from the other two
plats under consideration. Ms. Huggins stated that Staff will be asking that the note
be added to the other two plats.
Vice Chairman Stephens recommended approval to the Town Council for the
final plat of Neighborhood 6, Phase 2F. Commissioner Reed seconded the
motion. The vote was unanimous 6-0.
Aye: 6 - Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
2011-637-T Discussion and Recommendation regarding a request for approval of a
Final Plat for Waters Edge at Hogan's Glen, Phase 2B-2 (3.913 acres)
located in Hogan's Glen, J. Michael Survey, Abstract No. 821 8 the M.
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Medlin Survey, Abstract No. 832. Applicant: Jaison Stephen, Jacobs
Engineering Group Inc. on behalf of BDMR Development, LLC
(FP -11-042)
Jaison Stephen, Jacobs Engineering, came forward and asked for approval.
Sheridan: Can you confirm that the Developer is paying for the continuation of the
Indian Creek pavement. Ms. Huggins: That's correct.
Ms. Huggins: On page 35 of the packet there am a number of stipulations that staff
is requesting for this plat:
(1) Revise the side building line from f 0 -fl. to 15 -ft. for Lot Z Block M and Lot 42,
Block L.
(2) Update year to 2012 in Owner's Dedication, Notary, and Approval signature
blocks.
(3) Add a note that the Homeowners Association is responsible for maintenance of
all common areas.
(4) Remove extra space between "Improvements"antl Associated"in Note 3.
Mr. Sheridan: Note 3 will include an item that if the HOA doesn't maintain all
common areas.... What happens? Mc Lenart We'll refer to whatever has been
done on previous plats Mr. Sheridare I'm looking for the verbiage on the previous
plats. Ms. Huggins: We'II add it.
Chairman Hill: Correct a misspelled word— "separate" needs to be comectedjust
above Block N, Lots 1 and 2.
Commissioner Reed recommended approval to the Town Council for the final
plat of Waters Edge at Hogan's Glen, Phase 29.2. Commissioner Forest
seconded the motion. The vole was unanimous 6-0.
Aye: 6- Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
2911-652-T Discussion and Recommendation regarding a request for approval of a
Final Plat for Canterbury Hills, Phase 1A (11.165 acres) located out of the
M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton
County, Texas. Applicant: Jaison Stephen, Jacobs Engineering Group
Inc. on behalf of BDMR Development, LLC (FP -11-043)
Ms. Huggins: This is straight zoning, R-12, but the neighborhood will be gated and
part of the Hogan's Glen HOA. However, these are not estate lots or villa lots like the
rest of Hogan's Glen. They will be built to R-12 district standards.
As part of the Hogan's Glen HOA, the streets will be private and maintained by the
HOA, therefore, two notes will be added to the plat. A'private street" notation will be
added and also a note that the streets will be maintained by the Homeowners
Association.
Vice Chairman Stephens recommended approval to the Town Council for the
final plat of Canterbury Hills, Phase 1A with the stipulation that two notes
regarding the private streets be added to the plat. Commissioner Davidson
seconded the motion. The vote was unanimous 6-0.
Aye: 6 - Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
2911-654-T Discussion and Recommendation regarding an Amendment to Ordinance
No. 1999-17 P&Z, Planned Development No. 21 (PD -21), Plaza Shopping
Center, to allow a fuel station as a permitted use. Applicant: Regency
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Centers, L.P. on behalf of Tom Thumb Grocery Store. (PD AMD -11-038)
Vice Chairman Stephens: What is the anticipated number of customers on a
day-to-day basis? What is the anticipated revenue? Ms. Packs responded that Tom
Thumb finds this a convenience that is an expected use in their stores.
Mr. Stephens: My question relates to traffic. We do have a lot of traffic in that area
and now we'll have more tragic. Perhaps it willjust be the grocery store customers
who use the fuel station... Ms. Parks: They have a reward program and customers
can save up to $1.00 per gallon of gas based off of the card you swipe so generally a
majority of their customers are the grocery customers using the fuel station.
Chairman Hill asked if Ms. Parks works for Tom Thumb, Ms. Parks responded that
she works for the property owner, Regency, not Tom Thumb.
Ms. Huggins stated that a request for an amendment to a planned development must
come from the property owner, not the tenant Although this request is for Tom
Thumb grocery store, it must have the approval and support of the property owner
and the property owner must make the request. Regency is the property owner, Tom
Thumb is the tenant. Also, the PD document allows staff to request, if determined
necessary, a traffic impact analysis submittal with the site plan for this use.
Mr. Sheridan: The current hours of operation are 6 a.m. to 1 a.m. but the grocery
store is allowed to be open 24 -hours, comect? Ms. Huggins: Correct.
Mr. Sheridan: I'm wondering if we want to limit the number of hours. I'm for the gas
station. 1 don't know if I'm for it for 24 hour operation. I'm leaning toward 6 a.m. to 11
p.m. because those are the hours of operation of most of the tenants in that shopping
center. Does the Police Department have any preference? Ms. Huggins: No.
Mr. Sheridan: My preference would be 6 a.m. to 11 p.m. and manned. Why is the
location so far away from the store?
Ms. Parks: They didn't want to take away convenience from their grocery store
parking.
Ms. Huggins: Staff also asked for that location for circulation purposes. In looking at
the current use of the shopping center, that is an area that is used the least.
Mr. Sheridan: That takes away a location for a future pad site. Does this interfere
with the coverage? Ms. Huggins: It does not.
Mr. Sheridan: Is there any other sales besides fuel at the station? Ms. Parks: No.
Vice Chair Stephens: Chips? Butterfingers?
Ms. Huggins: There is a restriction in the PD for no outdoor sales. They can't place
a rolling cart outside the kiosk for food or beverage sales. The merchandise would
have to be inside the kiosk— cigarettes, perhaps? Ms. Parks: They are not setup to
handle merchandise that way. They don't have the equipment in the kiosk to do that.
Mr. Sheridan: Do we get any sales tax revenue for gas? Ms. Huggins: Not sure. I'll
have to check on that.
Mr. Forest: I'm concerned for tragic flow and the ingress/egress to the station. It
seems congested.
Ms. Parks: The existing curb cut, the existing ingress/egress will make it fairly easy
to access the station.
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Vice Chair Stephens: To get out to go to Highway 114 means circling the bank or
coming down to the main driveway in front of Tom Thumb. The median cuts are
there.
Ms. Huggins: Staff discussed the ingress/egress with Regency, suggesting changes
to the shopping center main inVout, but they did not went to change the entrances.
Eventually staff agreed to leave the entrances/exits as they are so that the closest
entrance and exit is a right in, right out so if the customer wanted to go left out of the
shopping center to go south to Highway 114, they would have to go between
Walgreens and the Bank ofAmerica or down to the Tom Thumb.
Mr. Forest Right now they cut through the packing lot of the bank. Ms. Huggins:
Correct, that's no. it is right now. Mr. Forest: So its causing problems even now.
Chairman Hill: My primary concern is getting a fuel tanker in there to get the gas
tanks full. That's a semi -trailer and I don't see a traffic flow that allows a tanker truck
that carries 8,000 gallons of fuel away to get in there. Ms. Parks: There is a
program that we use, called Auto Turn, and we've done the analysis on this and I'd
be happy to give that to you to show how the trucks will get in and out. Chairman
Hill: I'd like to see that with the site plan because the hours of delivery are 6 a.m. to 6
p.m., daytime hours, to try to get the truck in there with the grocery store and the
bank and all other retail customers there at the same time. That's a concem. Ms.
Parks: That's a concern of ours too. We'd like to be able to deliver earlier, but
because of the restricts, we can't. We've taken all of that into consideration regarding
the location.
Mr. Reed: My main concern is traffic safety. I think the location makes sense in
order to move the station away from the store so that if will be away from the bulk of
the traffic. Most of the parking is up toward Tom Thumb. I can see that putting it any
closer to the grocery store would complicate the situation. I think someone should be
working there anytime that it is open and I suggest setting the hours of the station the
same as the store.
Mr. Sheridan: What if the store goes 24 hours. Do you have a problem with that?
Most of the Commissioners responded that they did not have a problem with 24 hour
grocery and fuel store hours.
Mr. Reed: I'm also concerned like Chairman Hill, of how the tanker truck will get in
and out of the location.
Mr. Davidson: Carolyn, does that bump our restriction from five buildings to six
buildings? Ms. Huggins: It does change the density, yes.
Mr. Davison.: How does that change the parking requirement in this PD? Ms.
Huggins: I don't know specifically how many parking spaces will be removed until the
site plan is completely reviewed. Preliminary review suggests that about 40 spaces
will be removed by this request. We can specify the number of parking spaces for
the PD on the site plan and in the PD amendment we can state that the required
number of spaces will be as shown on the site plan.
Chairman Hill: As it is now, the number of spaces exceeds the required amount of
parking. Ms. Huggins: Yes Sir.
Mr. Davidson: As Mr. Sheridan stated there are potentially two other pad sites
available in this shopping center, but with the parking now possibly below the
minimum it won't allow moving forward with any of that. So the decision here is
putting in the gas kiosk and foregoing further development. I don't have an issue with
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Adjourn
that, Ijust want to make sure we are clear what we set forth in the PD. In addition to
that, if they decide to go 7114, 1 don't have a problem with that. If you want to make it
6 a.m. to 1 a. m. right now that's fine as well.
Vice Chairman Stephens: Should we change the hours of delivery? Mr. Davidson.: I
think it then becomes a noise issue to the surrounding community. Obviously a truck
does not necessarily tread lightly. Vice Chairman Stephens: I donY see noise as big
of a problem as the big delivery truck becoming a traffic issue problem.
Mr Davidson.' Understand, but at the same time you see that same activity take
place at countless other gas stations where they bring trucks in whenever the whim
calls for it and it could be in the middle of the day and it's not necessarily convenient
for everybody else but they have no qualms about blocking traffic and mixing it up in
the middle of the day so 1 don't know that it really will cure that particular issue. 1
dont think they will lake advantage of it as frequently as you think.
Ms. Parks: The good news in this particular situation, unlike other gas stations
around the area, Tom Thumb is very aware that if they bring big trucks in and fill their
tanks at an inconvenient time, they are inconveniencing their own customers so that's
not an issue they want to get into. They want to make it as easy as possible for their
customers to get in the door o buy groceries and then stop to get gas, or vice verse.
Vice Chairman Stephens: I was thinking about getting on the plus side of safety. It's
rare that you have any instances, but I think if we can err on the side of safety, we
need to think about that. I don have any problems with the hours of operation. I
have a rewards card... come on down.
Mr. Sheridan: Any special lighting? Ms. Parks: The lighting will follow the rules and
regulations of Trophy Club. It's a balance because we want everyone to feel safe
and we want the station to be well lit, but we also don't want it to be a nuisance. Mr.
Sheridan : Our current ordinances protect the residents living across the street from
any ambient light? Ms. Huggins: That's correct and that's the balance Tom Thumb
will be required to work to achieve.
Commissioner Sheridan made a motion to recommend approval to the Town
Council to amend PD -21 subject to limiting the sales to fuel only, manned only,
and specifying six buildings maximum density. Vice Chairman Stephens
seconded the motion. The motion passed unanimously 6-0.
Aye: 6 - Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hit, and Commissioner Reed
Chairman HIII adjourned the meeting at 7:41 p.m.
Gene Hill, Chairman
Carolyn Huggins, ommundy Develop enl Director
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