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Agenda Packet P&Z 04/19/2011Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom3:00 PMTuesday, April 19, 2011 Call To Order and announce a quorum. Citizen Presentation Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. PUBLIC HEARING 1.2011-213-T Continuation of Public Hearing to consider regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. Staff Report - PZ 041911 - Alcoholic Beverages.pdf SUP Application Process - Liquor Store Packet.pdf SUP APPLICATION - Liquor Store.pdf Use Tables.pdf Section 5.02.pdf Attachments: REGULAR SESSION 2.2011-214-T Discussion and Recommendation regarding regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. 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 26 Meeting Date: April 19, 2011 April 19, 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 Friday, April 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 26 Meeting Date: April 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-213-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2011 Planning & Zoning Commission On agenda:Final action:4/19/2011 Title:Continuation of Public Hearing to consider regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. Attachments:Staff Report - PZ 041911 - Alcoholic Beverages.pdf SUP Application Process - Liquor Store Packet.pdf SUP APPLICATION - Liquor Store.pdf Use Tables.pdf Section 5.02.pdf Action ByDate Action ResultVer. Title Continuation of Public Hearing to consider regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. Planning and Zoning Commission Page 3 of 26 Meeting Date: April 19, 2011 PLANNING AND ZONING COMMISSION STAFF REPORT Tues 011 day, April 19, 2 Retail Sale of Alcoholic Beverages for Off-Premise Consumption SUBJECT: Discussion and recommendation regarding regulations related to the sale of alcohol for off-premise consumption, in the event a measure to permit the sale of liquor for off-premise consumption passes through a public vote in May, 2011. Regulation of Retail Sale of Alcoholic Beverages for Off-Premise Consumption Due to the local option to permit the sale of liquor for off-premise consumption on the May 14, 2011, ballot, the Town of Trophy Club wishes to review regulations related to the sale of alcohol for off-premise consumption. The purpose of this discussion is not to advocate for or against the sale of alcoholic beverages in the Town of Trophy Club, but to ensure that the Town can provide proper application procedures and governance for retail liquor sales within the community. Texas Liquor Laws All alcoholic beverage sales, both for on- and off-premise consumption, are regulated by the Texas Alcoholic Beverage Commission (TABC) through the issuance of licenses and inspections. Compared to other states, the State of Texas contains some of the more restrictive laws regulating alcohol.  Sale of alcoholic beverages in a bar or restaurant Monday through Friday 7 a.m. to midnight Saturday 7 a.m. to 1 a.m. Sunday Noon to midnight Bars with late-hours permits can sell alcohol for on-premises consumption until 2 a.m. any night. Planning and Zoning Commission Page 4 of 26 Meeting Date: April 19, 2011  Sale of alcoholic beverages in a convenience or grocery store Monday through Friday 7 a.m. to midnight Saturday 7 a.m. to 1 a.m. Sunday Noon to midnight (beer and wine only – less than 17 percent alcohol by volume)  Sale of alcoholic beverages in a liquor store Monday through Saturday 10 a.m. to 9 p.m. Closed Sundays, Thanksgiving Day, Christmas and New Year’s Day Retail Sales of Alcoholic Beverages in Trophy Club In 2004, regulations were approved to allow the sale of alcoholic beverages in Trophy Club: (1) for retail sales of beer and wine for off-premise consumption only, and (2) for retail sale of mixed beverages for on-premises consumption. Any location selling either of these types of alcoholic beverages is required to obtain a Specific Use Permit from the Town. Sale of alcoholic beverages for on- and off-premises consumption is allowed in the following zoning districts: MH – Manufactured Home and Industrialized Housing District CG – Commercial General District CR – Commercial Recreation District NS – Neighborhood Service District PO – Professional Office District GU – Governmental Use District As well as in the following Planned Development Districts: PD-13 Village (Trophy Club Drive and Highway 114) PD-21 Plaza (Trophy Lake Drive and Highway 114) PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114) PD-27 The Highlands Village Center (Bobcat Blvd.) Sales of beer and wine are not allowed in areas zoned for residential use, including but not limited to PD-Planned Development Districts approved exclusively for residential uses. No alcoholic beverages may be sold within three Planning and Zoning Commission Page 5 of 26 Meeting Date: April 19, 2011 hundred feet (300-ft.) of a church, public or private school, or public hospital. Measurement of such distance is as follows: Church or Public Hospital: From front door to front door along the property lines of the street fronts and in a direct line across intersections. Public or Private School: From property line to property line, in a direct line across intersections. The following businesses have a Town alcohol beverage permit, which must be renewed annually for a fee of $30. At annual renewal, proof of current TABC licensing must be provided to the Town. Located in the Village PD-13 (Trophy Club Drive/Highway 114): 7-Eleven, issued June 2004. Cristina’s Mexican Restaurant, issued August 2005. Vinny’s Italian Restaurant, issued October 2005. Located in the Plaza PD-21 (Trophy Lake Drive/Highway 114): Tom Thumb, issued June 2004. Walgreens, located in the Plaza PD, issued March 2011. Other Locations: Trophy Club Country Club, issued July 2005. Specific Use Permit Trophy Club regulations require a Specific Use Permit (SUP) to sell alcoholic beverages. A formal application for an SUP is filed with the Planning and Zoning Coordinator; the fee for an SUP is $300. The application is then reviewed by Departmental Staff and prepared for review and recommendation by the Planning and Zoning Commission. The P&Z recommendation is then given to the Town Council. The Town Council considers the request and then approves or disapproves the granting of an SUP for the sale of alcoholic beverages. If approval is granted, the Planning and Zoning Coordinator will issue a Town alcohol beverage permit when the applicant has provided proof of a TABC license. At a minimum, the applicant must meet the following criteria for consideration of an SUP for the sale of alcoholic beverages: Planning and Zoning Commission Page 6 of 26 Meeting Date: April 19, 2011 1. Will the sale of alcoholic beverages at the establishment create overcrowding in the establishment or in the immediately surrounding area? 2. Are all applicable licensing and permit provisions of the Texas Alcoholic Beverage Code in compliance, as amended from the date of the issuance of the SUP by the Town Council? 3. 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. 4. The establishment shall provide adequate parking spaces to accommodate its employees and patrons. 5. The Applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable Town ordinances and state laws. A Specific Use Permit runs with the property and is not affected by a change in the owner or lessee of a permitted establishment. A Specific Use Permit may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Town Council Authority The Town’s Alcohol Beverage Ordinance grants the Town Council the authority to deny an SUP if it determines that the issuance of the SUP is incompatible with the surrounding uses or property, or is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the Town and its inhabitants. The Town Council has the authority to grant an exception for the requirement of an SUP for temporary special events after review and recommendation by the Planning and Zoning Commission. For such events, both the Planning and Zoning Commission and the Town Council consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other health, safety and welfare considerations as deemed appropriate and necessary by the Town Council. Planning and Zoning Commission Page 7 of 26 Meeting Date: April 19, 2011 Additional Restrictions The Town’s alcohol beverage ordinance also restricts the use of alcoholic beverages in any Town owned or controlled athletic field and all parking lots servicing such athletic fields. It is unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, in any Town owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the Town. It is unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the Town limits or at any school related activity conducted within the Town limits. Changes to the Town of Trophy Club Ordinances 1. Amend Use Tables of the zoning ordinance to define the zoning districts in which liquor stores will be allowed. Use Tables Allow the sale of alcoholic beverages for off-premises consumption in the following zoning districts: CG – Commercial General District NS – Neighborhood Service District Owners of Planned Development (PD) Districts would be required to bring a zoning change request forward to allow liquor stores in the PD. 2. Amend Section 5.02 Sale of Alcoholic Beverages to define “liquor store”. Require that a Specific Use Permit be required for a liquor store to operate in Trophy Club; the request to be heard for recommendation by the Planning and Zoning Commission and approval by the Town Council. Summary The Planning and Zoning Commission is asked to recommend approval to the Town Council to amend the Town’s regulations for sale of alcoholic beverages in a Liquor Store. Planning and Zoning Commission Page 8 of 26 Meeting Date: April 19, 2011 TROPHY CLUB Liquor Store Specific Use Permit Application Process A request for a Liquor Store located in the Town of Trophy Club must follow the steps outlined below: 1. Submit an application for a Special Use Permit (SUP) for a Liquor Store to the Planning and Zoning Department. The application fee is $300.00. Application forms are available in the Permit Department and online at www.trophyclub.org 2. The application is reviewed by representatives from all Town departments. The applicant will be contacted if additional information is needed. 3. Once all required information is reviewed and a determination is made that the application is complete and a valid submittal, the request is then scheduled for a public hearing before the Planning and Zoning Commission (P&Z) and Town Council. All properties within 200 feet of the location of the proposed liquor store are notified of the public hearing via mail by the Town and a notice is also published in the local newspaper. The applicant shall reimburse the Town for the cost of property owner notification and for the cost of the notice in the newspaper. 4. The Planning and Zoning Commission recommends approval or denial to the Town Council. 5. The Town Council has the authority to approve or deny the application. The Town Council, if granting approval of the SUP, also has the authority to attach development conditions to the SUP. Design Criteria for a Liquor Store  Liquor Store shall operate in a premise that is not physically completely separate from any other business.  Liquor Store shall not have drive-through features or capabilities.  Applicants are encouraged to offer an inventory that includes complimentary items for sale such as gourmet coffees, olives and cheeses.  Applicant shall adhere to the requirements outlined below: Required Information The following information is required at the time the application is submitted. If requested information is not provided, the application will be considered incomplete and an invalid submission. Planning and Zoning Commission Page 9 of 26 Meeting Date: April 19, 2011 1. Detailed Description of Business. A detailed, narrative statement of the proposed business and, in general, information about the company operating the store. Applicant may also include drawings and photographs. At a minimum, the Description shall include: (1) planned opening date; (2) proposed hours of operation; (3) number of employees; (4) any relevant economic development information such as estimated sales per square foot and estimated sales tax generated per year. 2. Shopping Center Site Plan. Shopping Center Site Plan, drawn to scale, clearly showing the location of the business in the shopping center. Plans shall include all four (if applicable) building elevations for the proposed business including any proposed exterior enhancements. 3. Liquor Store Floor Plan. Plans shall include a detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as gourmet food, locations of check-out registers and all building ingress and egress points. 4. Liquor Store Security Plan. At a minimum, security plans shall include the number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on- site security personnel. 5. Parking. The parking shall be equal to one space per 200 square feet of gross floor area. The applicant has the burden of proof that there is adequate parking for the addition of a Liquor Store to the shopping center. However, as a condition of the approval of the SUP, more parking may be required. 6. Signage Details. This shall include a detailed, color drawing of all proposed signs, drawn to scale, relating to the business including monument and wall signs. 7. Proximity. Show proximity to other liquor stores. Show proximity to schools, churches, hospitals, day care centers, and residential zoning. Planning and Zoning Commission Page 10 of 26 Meeting Date: April 19, 2011 TTOOWWNN OOFF TTRROOPPHHYY CCLLUUBB LLIIQQUUOORR SSTTOORREE SSPPEECCIIFFIICC UUSSEE PPEERRMMIITT AAPPPPLLIICCAATTIIOONN DATE: EXISTING ZONING: Application must be submitted with: (1) Fee - $300.00 (2) All information as stated in the SUP Application Process-Liquor Store Packet GGEENNEERRAALL IINNFFOORRMMAATTIIOONN:: NNaammee ooff LLiiqquuoorr SSttoorree::______________________________________________________________________________________________________________ AAddddrreessss ooff LLiiqquuoorr SSttoorree::__________________________________________________________________________________________________________ CCiittyy,, SSttaattee,, ZZiipp ______________________________________________________________________________________________________________________ LLeeggaall DDeessccrriippttiioonn:: __________________________________________________________________________________________________________________ AAPPPPLLIICCAANNTT// OOWWNNEERR IINNFFOORRMMAATTIIOONN NAME: PHONE #: (please print) ADDRESS: SIGNATURE: NAME: PHONE #: (please print) ADDRESS: SIGNATURE: Other relevant information: Planning and Zoning Commission Page 11 of 26 Meeting Date: April 19, 2011 Article III Establishment of Districts Section 3.01 District Classifications The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this reference: R-15 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 15,000 square feet in area. R-12 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 12,000 square feet in area. R-11 Single Family Residential District: A zone designated to accommodate single family development on lots that are a minimum of 11,000 square feet in area. R-10 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 10,000 square feet in area. R-9 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 9,000 square feet in area. R-8 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 8,000 square feet in area. R-Fairway Village; R-Twenty In Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are zones designed to accommodate single family residential areas already platted and either developed or undeveloped on the date of adoption of this ordinance. MH-HUD Code Manufactured Home and Industrialized Housing District: A zone designed to provide adequate space and restrictions for the placement of HUD-Code Manufactured Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in this Ordinance.) The MH District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH District. PD Planned Development District: A zone designed to accommodate development with a variety of types of uses in accordance with a site plan. NS Neighborhood Service District: A zone district designed to provide limited low impact service type facilities to residential areas, and not including retail uses. PO Professional Office: A zone district designed to provided for attractive, low to moderate intensity office and professional uses. CG Commercial General District: A zone designed to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. CR Commercial Recreation District: A zone designed to accommodate development of privately owned recreational areas and low intensity business offices that are directly related to and designed and sited to be compatible with the recreational use. Chapter 13 – Zoning Rev. 04/26/10 Page 1 of 7 Planning and Zoning Commission Page 12 of 26 Meeting Date: April 19, 2011 GU Governmental Use District: A zone intended to apply to those lands where national, state or local governmental activities are conducted and where title to such lands is held by a governmental entity. H Historic Landmark Designation District: A designation intended to apply to areas of historic, architectural, archaeological or cultural importance or value which merit protection, enhancement and preservation in the interest of the culture, prosperity, education and welfare of the public. (Ord No. 98-29, § XI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XI, 3-21-00) Chapter 13 – Zoning Rev. 04/26/10 Page 2 of 7 Planning and Zoning Commission Page 13 of 26 Meeting Date: April 19, 2011 Section 3.02 Classification of New and Unlisted Properties A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the uses and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements of public utilities, such as water and sanitary sewer. B. Assignment to Use District: The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted. C. Recommendation to the Town Council: The Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall, by ordinance, approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings. (Ord No. 98-29, § XII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XII, 3-21-00) Chapter 13 – Zoning Rev. 04/26/10 Page 3 of 7 Planning and Zoning Commission Page 14 of 26 Meeting Date: April 19, 2011 Section 3.02 Classification of New and Unlisted Properties The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a Prohibited Use P Denotes a Permitted Use by Right C Denotes of Conditional Use Permit Required S Denotes a Specific Use Permit Required 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 A. RESIDENTIAL 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P 4. Dwelling, Multi-Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentally Disabled P 10. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home P 13. Recreational Vehicle Campgrounds 14. Religious Convent, Rectory, Monastery P 15. Retirement Home, Orphanage P B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions C. EDUCATIONAL 1. Children’s Day Care Center & Kindergarten P P 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & Professional P 4. Schools, Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools, Vocational, Technical & Trade Chapter 13 – Zoning Rev. 04/26/10 Page 4 of 7 Planning and Zoning Commission Page 15 of 26 Meeting Date: April 19, 2011 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 Chapter 13 – Zoning Rev. 04/26/10 Page 5 of 7 Planning and Zoning Commission Page 16 of 26 Meeting Date: April 19, 2011 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 Liquor Store S* S* 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 Chapter 13 – Zoning Rev. 04/26/10 Page 6 of 7 Planning and Zoning Commission Page 17 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 7 of 7 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 18 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 3 of 45 Section 5.02 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. 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. Liquor Store: A business that sells alcoholic beverages for consumption off-premises. For the purposes of this Ordinance, the term “Liquor Store” does not include grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also not include a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this Ordinance. 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, Planning and Zoning Commission Page 19 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 4 of 45 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. B. Prohibited Sales: 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 1. 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, and, except as specifically exempted herein, for locations with mixed beverage permits, the permit holder shall pay a fee equal to one-half (½) of the state fee for such license and permit in effect at the time of the initial permit application or renewal for the annual permit, as applicable. Such fee shall be in addition to any applicable fee for a food and beverage certificate. b. Exemption: A mixed beverage permit is exempt from the payment of the fee imposed by this subsection during the three-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code. c. Payment of Fees i. Term: The permit fee shall be collected when the application for such permit is submitted. This permit shall be valid only for one year (365 days) from the date of its issuance, 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 as a permitted use under the Comprehensive Zoning Ordinance of the Town as of or after the effective date thereof. Planning and Zoning Commission Page 20 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 5 of 45 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 1. SUP Required: Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use Permit 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 established by the Town. The Planning and Zoning Coordinator shall process the application by submitting to the Planning and Zoning Commission for their review and recommendation 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 for on-premises used for the sale or and 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 certification from the Texas Alcoholic Beverage Commission 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 i. That the application complies with all provisions of this and all applicable ordinances; ii. That a SUP application is officially filed with the payment of applicable fees; iii. That proof is submitted that a representative of the Texas Alcohol and Beverage Commission has approved the submittal of an application for license; iv. And (4) that the Chief of Police/Director of Public Safety has reviewed the SUP application. Planning and Zoning Commission Page 21 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 6 of 45 4. Compliance with Town Codes and Ordinances are required for sale of alcoholic beverages for off-premises consumption in a Liquor Store and the SUP application shall show documentation of compliance of the following: a. Liquor Store: i. That a SUP application for a Liquor Store is submitted in its entirety, without omissions, as required by the SUP Application Process–Liquor Store Packet; and ii. That the application is officially filed with the payment of applicable fees; and ii. That the application complies with all provisions of this and all applicable ordinances; and iv. That if the Town Council approves the SUP request, Council may attach development conditions to the Specific Use Permit. 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 consumption only and allowing the sale of mixed beverages by food and beverage certificate holders only: 1. The Applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. 2. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town Council. 3. 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. 4. The Applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the Town. 3. The Applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the Chief of Police/Director of Public Safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. 4. 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. 5. 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. Planning and Zoning Commission Page 22 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 7 of 45 6. 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 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. 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, or as otherwise provided for the revocation of SUP’s, as outlined in the Comprehensive Zoning Ordinance, as amended. H. Criteria and Processing of SUP: The following general conditions apply to all Specific Use Permits (SUP) allowing the sale of alcoholic beverages in a Liquor Store for off premises consumption only: 1. The Applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. 2. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town Council. I. Town Council may deny an 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. 1. 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 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. 2. 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, or as otherwise provided for the revocation of SUP’s, as outlined in the Comprehensive Zoning Ordinance, as amended. Planning and Zoning Commission Page 23 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 8 of 45 J. H. Methods for Determining Distance Measurement 1. Church or Public Hospital: The measurement of the distance between the place of business where alcoholic beverages are sold and a church or 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: a. 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. K. 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 herein below. 1. 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. 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 Planning and Zoning Commission and the Town 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) 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. L. Exemption From SUP Process For Existing Private Club Operations 1. 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 Planning and Zoning Commission Page 24 of 26 Meeting Date: April 19, 2011 Chapter 13 – Zoning Rev. 04/26/10 Page 9 of 45 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. M. Possession or Consumption Prohibited in Certain Areas 1. Athletic Fields, Parks, or Public Areas: It shall be unlawful for any person to possess an open alcoholic beverage container 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. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any Town owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the Town 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, 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. N. Miscellaneous Provisions Reserved for Expansion. (Ord. No. 2000-06 P&Z § XXXIV, 3-21-00, Repealed by Ord. No. 2004-10 P&Z, § II, 3-1-04) Planning and Zoning Commission Page 25 of 26 Meeting Date: April 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-214-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2011 Planning & Zoning Commission On agenda:Final action:4/19/2011 Title:Discussion and Recommendation regarding regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. Attachments: Action ByDate Action ResultVer. Title Discussion and Recommendation regarding regulations related to the sale of alcohol for off-premise consumption in the Town of Trophy Club. Planning and Zoning Commission Page 26 of 26 Meeting Date: April 19, 2011