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Agenda Packet P&Z 04/07/2011Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, April 7, 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. Approval of Minutes 1.2011-182-T Review and approve minutes of the March 17, 2011, Planning and Zoning Commission meeting. MeetingMinutes 031711.pdfAttachments: PUBLIC HEARING 2.2011-183-T Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Staff Report - P&Z.pdf Application.pdf Alcoholic Policy.pdf Public Hearing Notice - Newspaper.pdf Property Owner Notification.pdf Property Owners within 200 ft.pdf Attachments: 3.2011-187-T Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 Staff Report - PZ - Byron Nelson HS.pdf NISD Written Acknowledgment.pdf Newspaper Public Hearing Notice.pdf Attachments: 4.2011-186-T Public Hearing to consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Planning and Zoning Commission Page 1 of 38 Meeting Date: April 7, 2011 April 7, 2011Planning & Zoning Commission Meeting Agenda Staff Report - PZ 040711 - Alcoholic Beverages.pdf Commercial_Properties_Map.pdf Attachments: REGULAR SESSION 5.2011-184-T Discussion and Recommendation regarding a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. 6.2011-188-T Discusson and recommendation for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 7.2011-189-T Discusson and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. 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 2 of 38 Meeting Date: April 7, 2011 April 7, 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 April 4, 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 3 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-182-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/2/2011 Planning & Zoning Commission On agenda:Final action:4/7/2011 Title:Review and approve minutes of the March 17, 2011, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 031711.pdf Action ByDate Action ResultVer. Title Review and approve minutes of the March 17, 2011, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 4 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, March 17, 2011 Call To Order and announce a quorum. The meeting was called to order at 7:04 p.m. COMMISSION MEMBERS: Vice Chair James Stephens, Commissioner Mike Davidson, Commissioner Dennis Sheridan, Chairman Gene Hill, Commissioner Clayton Reed, and Commissioner Gary Richert Present:6 - Commissioner Dale ForestAbsent:1 - STAFF AND GUESTS PRESENT: Carolyn Huggins, Community Development Director Mark Carr, Applicant, Agenda Item 2011-121-T Citizen Presentation None Approval of Minutes 2011-120-T1.Review and approve minutes of the February 7, 2011, Planning and Zoning Commission meeting. A motion was made by Commissioner Davidson, seconded by Commissioner Richert, that this Agenda Item be Approved . The motion carried by the following vote. Aye:Commissioner Davidson, Chairman Hill, Commissioner Reed, and Commissioner Richert 4 - Abstain:Vice Chair Stephens, and Commissioner Sheridan2 - REGULAR SESSION 2011-121-T2.Discussion and recommendation regarding a request for replat of Lot 8, Block 1, Waters Edge at Hogan's Glen. Applicant: Mark Carr (RP-11-017) A motion was made by Commissioner Sheridan, seconded by Vice Chair Stephens, that this Agenda Item be Recommended for Approval to the Town Council, on 4/4/2011. The motion carried by the following vote. Planning and Zoning Commission Page 5 of 38 Meeting Date: April 7, 2011 March 17, 2011Planning & Zoning Commission Meeting Minutes Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert 6 - Adjourn This meeting adjourned at 7:06 p.m. _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 6 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-183-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/2/2011 Planning & Zoning Commission On agenda:Final action:4/7/2011 Title:Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Attachments:Staff Report - P&Z.pdf Application.pdf Alcoholic Policy.pdf Public Hearing Notice - Newspaper.pdf Property Owner Notification.pdf Property Owners within 200 ft.pdf Action ByDate Action ResultVer. Title Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Planning and Zoning Commission Page 7 of 38 Meeting Date: April 7, 2011 PLANNING AND ZONING COMMISSION April 7, 2011 SUBJECT: Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 – Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. APPLICANT: Howard Tseung 1830 E. Abram Street Arlington, TX 76010 PROPERTY OWNER: Okeechobee P.B. Holdings c/o Grace Development Inc. 3309 Fairmont Drive Nashville, TN 37203 BUSINESS OWNER: Fish & Knife Japanese Restaurant Feng Chen Enterprise, Inc. 2001 Highway 114, Suite 190 Trophy Club, TX 76262 PERMITTED USES: Fish & Knife will occupy approximately 2,000 sq. ft. of space in Tract 1 of Planned Development No. 13 – Village Shopping Center. Tract 1 allows a wide range of retail uses (for example: card store, barber and beauty shop, ice cream shop, jewelry and/or watch store, florist, boutiques, fabric and knitting shops, music/video store) and Tract 1 also allows the use for the applicant’s business: a restaurant with alcoholic beverage sales (subject to required Town approvals). Planning and Zoning Commission Page 8 of 38 Meeting Date: April 7, 2011 ADJACENT ZONING/EXISTING LAND USES: North: R-11/residential (property owners within 200-ft. were notified of this request) South: State Highway 114/Town of Westlake East: PO/undeveloped (Beck owned property at Trophy Club Dr/114) West: R-9/residential (property owners on Straight Creek Ct. were notified) PLANNED DEVELOPMENT NO. 13 – VILLAGE SHOPPING CENTER Planning and Zoning Commission Page 9 of 38 Meeting Date: April 7, 2011 Planning and Zoning Commission Page 10 of 38 Meeting Date: April 7, 2011 Planning and Zoning Commission Page 11 of 38 Meeting Date: April 7, 2011 STAFF COMMENTS: Town regulations require that no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity within the Town for which a permit or license is required by the Texas Alcoholic Beverage Code (TABC) without first obtaining a Specific Use Permit (SUP) from the Town. The following is required:  The applicant must comply with applicable licensing and permit provisions of the TABC. TABC requires proof of Town approval prior to issuing a license and permit for the sale of alcoholic beverages. If Town Council approval is given, the applicant then completes his application with TABC and returns to the Town for issuance of a Town permit, at which time the Town requires proof of issuance of a TABC license.  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; and  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. The applicant consulted with Police Chief Kniffen and reviewed the staffing and operating procedures of the restaurant and received approval. The applicant has indicated that employee training will be implemented and will be on-going to protect and safeguard public health, safety, and/or the welfare of the citizens of the Town. The applicant indicated that the security of patrons is a high priority of the establishment. 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. STAFF RECOMMENDATION: Staff, and specifically the Chief of Police, evaluated this request with regard to public safety and analysis of services provided to the community (i.e., a unique food category not currently available as a restaurant in Trophy Club, heavy traffic flow patterns during particular times of day). The applicant has met the requirements set forth by the Town’s ordinances. Staff recommends approval of a Specific Use Permit for Fish & Knife Japanese Restaurant and asks the Commissioners to: Recommend approval to the Town Council for a Specific Use Permit for a restaurant, located at 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Planning and Zoning Commission Page 12 of 38 Meeting Date: April 7, 2011 Public Hearing As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of the shopping center were notified of this request. At the time of writing of this staff report, no comments have been received against this proposal. (ch) Attachments: Application Public Hearing – Newspaper Property Owner Notification List of Property Owners within 200-ft. Planning and Zoning Commission Page 13 of 38 Meeting Date: April 7, 2011 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 4 o f 3 8 M e e t i n g D a t e : A p r i l 7 , 2 0 1 1 FISH & KNIFE JAPANESE CUISINE 2001 HWY. 114 , SUITE 190 TROPHY CLUB, TX 76262 ALCOHOLIC POLICY The main goal of the restaurant is to provide Japanese cuisine to customers for their enjoyment. Serving alcoholic beverage is only to supplement customer's enjoyment of their food. The restaurant will have a small bar area that can seat only five people and also serve as a waiting area. The restaurant will emphasis on the sale of Japanese cuisine and not the sale of alcoholic beverage. The working hours of the restaurant is: Sunday through Thursday: 11 am to 2:30 pm (Lunch), 4:30 pm to 9:30 pm (Dinner). Friday and Saturday: 11 am to 2:30 pm (Lunch), 4:30 pm to 10:30 pm (Dinner). STAFFING Number of wait staff for Lunch hours will be six and five for Dinner hours. Beside the wait staff, there will be a manager and a hostess helping out during rush hours. TABC CERTIFICATION All wait staff will be required to obtain TABC certification for serving alcoholic beverage. Any wait staff who are under the age of 21 will be prohibited to serve alcoholic beverage. Management will conduct weekly staff meeting to emphasis the importance of following the alcoholic serving policy set up by TABC. INTOXICATION AND UNRULY CONDUCT PREVENTION Manager and wait staff will monitor customer intoxication level based on the training they receive from the TABC certification class. Any customer that appeared to be intoxicated will be prohibited from purchasing more alcoholic beverages. POLICE INTERVENTION In the discretion of the management, if customers who are intoxicated or unruly and cannot be handled by wait staff or management, police will be called to alleviate the situation. Planning and Zoning Commission Page 15 of 38 Meeting Date: April 7, 2011 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 21, 2011 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, March 23, 2011 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, April 7, 2011 TOWN COUNCIL Monday, May 2, 2011 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 7, 2011, to consider Amending Ordinance No. 95- 20, PD Planned Development District No. 13, Exhibit “C” Development Standards to grant a Specific Use Permit for a Japanese restaurant, Fish and Knife Japanese Cuisine) to sell mixed beverages in the restaurant; and, other miscellaneous changes to PD-13 as related to this request as deemed necessary. The Town Council will hear the above item on Monday, May 2, 2011 in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission Page 16 of 38 Meeting Date: April 7, 2011 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 7 o f 3 8 M e e t i n g D a t e : A p r i l 7 , 2 0 1 1 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 8 o f 3 8 M e e t i n g D a t e : A p r i l 7 , 2 0 1 1 Larry Blancett 1109 Sunset Dr. Trophy Club, TX 76262 Jeffrey Demiceli 1122 Sunset Dr. Trophy Club, TX 76262 Seven Eleven Inc. 2711 N. Haskell Avenue #1 Dallas, TX 75204-2911 Kurt & Natalie Henry 1111 Sunset Dr. Trophy Club, TX 76262 Larry & Norma Smith 1124 Sunset Dr. Trophy Club, TX 76262 Texas National Bank 3205 E. Northwest Parkway Southlake, TX 76092-6092 David & Barbara Gray 1112 Sunset Dr. Trophy Club, TX 76262 Re: 1126 Sunset Dr. Richard Sparks P.O. Box 1790 Trophy Club, TX 76262 Grace Development Inc. 3309 Fairmont Dr. Nashville, TX 37203 Robert & Sandee Clark 1113 Sunset Dr. Trophy Club, TX 76262 George Truitt 1031 Sunset Dr. Trophy Club, TX 76262 Oakmont Ent. Inc. 336 Watermere Dr. Southlake, TX 76092-8113 Michael & Marolyn Zugay Family Trust 1114 Sunset Dr. Trophy Club, TX 76262 Ted Neidenberger 1033 Sunset Dr. Trophy Club, TX 76262 St2 Tc Building Lp Attn: Scott Trickey 1123 Wade Hampton St. Benbrook, TX 76126-3519 Luther & Jaunita Bruce 1115 Sunset Dr. Trophy Club, TX 76262 Roger Sessions 1100 Sunset Dr. Trophy Club, TX 76262 Wesley & Leeann Nickodam 1101 Sunset Dr. Trophy Club, TX 76262 Charles Mohon & Amanda Pogue 1116 Sunset Dr. Trophy Club, TX 76262 Re: 1 Straight Creek Ct., Trophy Club, TX Teresa Marsteller c/o Paul Drown 3701 W. Morton Ave. Phoenix, AZ 85051 Alvin & Annette Miller 5 Straight Creek Ct. Trophy Club, TX 7626 Brandon & Kayla Sargent 1117 Sunset Dr. Trophy Club, TX 76262 Amanda & Chad Gundersen 2 Straight Creek Ct. Trophy Club, TX 76262 Daniel & Jami Penick 6 Straight Creek Ct. Trophy Club, TX 76262 David & Joan White 1118 Sunset Dr. Trophy Club, TX 76262 Barbara Metzler 3 Straight Creek Ct. Trophy Club, TX 76262 Paul & Stephanie Thurston 7 Straight Creek Ct. Trophy Club, TX 76262 Milton Smith 1120 Sunset Dr. Trophy Club, TX 76262 Re: 4 Straight Creek Ct., Trophy Club, TX Robert & Barbara Moss 27 W. Hillside Place Roanoke, TX 76262 Re: 8 Straight Creek Ct., Trophy Club, TX Kahn Living Trust Monroe & Margaret Kahn 7702 Colgate Ave. Westminster, CA 92683-6218 Planning and Zoning Commission Page 19 of 38 Meeting Date: April 7, 2011 Re: 9 Straight Creek Ct., Trophy Club, TX Robert & Laura Matkin 3618 Igo St. San Antonio, TX 78230-2305 Mark & Denise Lester 10 Straight Creek Ct. Trophy Club, TX 76262 Linda Rohloff 11 Straight Creek Ct. Trophy Club, TX 76262 Carl Megow 12 Straight Creek Ct. Trophy Club, TX 76262 Stephen Fischer 14 Straight Creek Ct. Trophy Club, TX 76262 John & Barbara Colwell 1102 Sunset Dr. Trophy Club, TX 76262 Karen Nichols & William Jarboe 1103 Sunset Dr. Trophy Club, TX 76262 Robert & Elizabeth Johnson 1104 Sunset Dr. Trophy Club, TX 76262 Gary & Margi Cantrell 1105 Sunset Dr. Trophy Club, TX 76262 Joseph Pagano 1106 Sunset Dr. Trophy Club, TX 76262 Re: 1107 Sunset Dr., Trophy Club, TX Larry Baker 89 Preswick Park Dr. Newnan, GA 30265-2026 Kathe Johnsson 1108 Sunset Dr. Trophy Club, TX 76262 Re: 1110 Sunset Dr., Trophy Club, TX Margaret Tripton 9226 Independence Way Fort Myers, FL 33913-7077 Planning and Zoning Commission Page 20 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-187-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/2/2011 Planning & Zoning Commission On agenda:Final action:4/7/2011 Title:Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 Attachments:Staff Report - PZ - Byron Nelson HS.pdf NISD Written Acknowledgment.pdf Newspaper Public Hearing Notice.pdf Action ByDate Action ResultVer. Title Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 Planning and Zoning Commission Page 21 of 38 Meeting Date: April 7, 2011 PLANNING & ZONING COMMISSION STAFF REPORT April 7, 2011 Site Plan Revision - SP-11-014 Byron Nelson High School 2775 Bobcat Blvd. SUBJECT: Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District’s Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 The applicant, M.J. Thomas Engineering, on behalf of Northwest ISD is requesting approval of a revised site plan for Byron Nelson High School. The school district wishes to expand parking at the high school, which is located on approximately 83 acres of Lot 1, Block 1 of the plat filed in Denton County as “NISD High School No. 2”. The Town of Trophy Club Site Plan regulations require that changes to a site plan which will “reduce the yards provided at the boundary of the site as indicated on the approved site plan” shall be approved by the Town Council, after recommendation by the Planning and Zoning Commission. A public hearing, advertised in the newspaper, is required. Property owner notification is not required. History and Existing Site: This property was zoned PD-28 on March 5, 2007. The Final Site Plan was approved by the Town Council on September 9, 2007. The site is developed and is located on the north and east sides of Bobcat Blvd. It is zoned Planned Development District No. 28 (PD-28), Northwest High School No. 2, with the underlying zoning of Neighborhood Service. The plat for Byron Nelson High School consists of four (4) lots:  Lot 1, Block 1 consists of 82.859 acres and the school buildings and auxiliary uses such as athletic fields and a stadium are located on this lot.  A water tower will be located on Lot 2, Block 1.  Lot 1 and Lot 2, Block 2 are open areas created when Bobcat Blvd. was constructed. This request involves Lot 1, Block 1, only. In 2009 the school opened with freshman and sophomores. In August 2010, juniors were added to the school and in August 2011, seniors will be added. During the past two years of the school’s existence, the parking lots have been full during regular school weeks. There is Planning and Zoning Commission Page 22 of 38 Meeting Date: April 7, 2011 inadequate parking when sporting events are held on the school property. With the addition of seniors in August 2011, NISD anticipates that the seniors will all have cars and a parking lot expansion is necessary. The Town parking regulations require 1 space for every 3 persons. When the original site plan was considered, 800 spaces were required for the 2,200 students and 200 staff. NISD is requesting an additional 796 parking spaces, of which 18 will be ADA. 2007 Site Plan Approval: 725 spaces 2011 Site Plan Requested: 778 spaces 18 spaces (ADA) Total: 1,521 spaces PD-28 (NS) allows a maximum impervious surface of 80%. Currently, the impervious surface for the high school is 38%. The proposed increase in parking expansion would bring the impervious surface to 42%, an increase of 4%. A minimum of 20% open space is required in the NS District. This proposed expansion does not appear to reduce that percentage of open space. PD-28, Section B, 1. (a) states that planter islands or berms must be located no further apart than every 24 parking spaces and at the terminus of all rows of parking. On sheet C-2, Site Plan, the proposed northern parking areas show a section of “New Parking (34 spaces)” in which there are 27 parking spaces. The applicant requests a waiver to require a planter island at 24 spaces so that a fire hydrant does not need to be relocated. The proposed parking lot on the northwest corner of the site, adjacent to Bobcat Blvd. that states “New Parking (42 spaces)” does not appear to have landscaping at one terminus of a parking row. In addition, some spaces are in the 30-ft. building setback. Typically, paving is allowed in setbacks, but Staff asks for the Planning and Zoning Commission review and approval of parking spaces in the 30-ft. building setback. If not allowed, approximately six (6) parking spaces must be removed. On the site plan shown on page C-2, there are numerous planter islands and terminus of the parking rows that do not show any trees planted within these areas. The applicant has been asked to clarify if this is actual or was inadvertently left off of the site plan. On the site plan shown on page C-2, the applicant has listed 801 new parking stalls for a total of 1,526. Staff review shows 796 new parking stalls for a total of 1,526. Applicant has been asked to clarify to the Planning and Zoning Commission. There is proposed parking on top of an existing 12-inch public waterline. Town/MUD policy is to avoid pavement on top of water lines. Staff asked for written acknowledgement from NISD that repair or replacement of the paving is NISD responsibility if the pavement is damaged or destroyed if the water line(s) must be repaired or replaced. NISD has provided written acknowledgement that NISD will repair or replace pavement if damaged or destroyed when the Town repairs or replaces the waterline. Planning and Zoning Commission Page 23 of 38 Meeting Date: April 7, 2011 Landscaping: The proposed expansion identifies losing 177 canopy trees and 35 ornamental trees. NISD is replacing these lost trees by replanting 179 canopy trees and 42 evergreen trees/shrubs. They have also increased the number of trees along the eastern property line in order to provide more buffering of the high school fields from the residential area of Neighborhood 1 in The Highlands. On the east side of the high school site, the applicant is proposing “New Parking (89 spaces)”. There is a 40-ft. landscape buffer required adjacent to residential and the 89 new parking spaces encroach into the 40-ft. landscape buffer. However, there is an 80-ft. wide creek separating the NISD property from the residentially zoned property to the east, therefore, NISD requests a waiver for the 40-ft. landscape buffer in order to place parking in that area. Photometrics: Town regulations require that parking lot lights shall provide illumination within the parking facility not to exceed one foot-candle at ground level and shall distribute not more than two-tenths (0.2) of one foot-candle of light upon any adjacent residentially zoned district. There are a number of locations within the site where the parking lot lights exceed one-foot candle at ground level and these locations were granted a waiver by the Town Council in 2007. The applicant asks that this waiver continue. The plans meet the requirement that illumination shall distribute not more than two-tenths (0.2) of one-foot candle of light upon any adjacent residentially zoned district. RECOMMENDATION: Staff recommends approval of the revised site plan for Byron Nelson High School with the following conditions: 1. Removal of 3 parking spaces in the northern parking area designated as “New Parking (34 spaces)”; or a waiver to allow 27 spaces. 2. Grant permission for parking spaces to be placed in the 30-ft. building setback; or removal of spaces within setback. 3. Waiver or requirement of landscaping in the planter islands and terminus of the parking rows of existing parking. 4. Revise Site Plan prior to Council meeting to show accurate number of parking spaces being added to the site. 796? 801? 5. Allow parking in the 40-ft. landscape buffer to the east of the site, or acknowledgment that buffer is not needed with 80-ft. wide creek separating NISD property from the residentially zoned property to the east. 6. Acknowledge continuation of waiver granted by Council in 2007 that parking lot lighting exceeds one-foot candle at ground level, but does not exceed two-tenths of one-foot candle of light upon any adjacent residentially zoned district. ch Attachment: Application NISD Written Acknowledgement Hard Copy (rolled plans) – Site Plan, Landscape Plan, Lighting Planning and Zoning Commission Page 24 of 38 Meeting Date: April 7, 2011 Planning and Zoning Commission Page 25 of 38 Meeting Date: April 7, 2011 Planning and Zoning Commission Page 26 of 38 Meeting Date: April 7, 2011 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 21, 2011 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ March 23, 2011 SUBJECT: Site Plan – Byron Nelson High School NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB PLANNING & ZONING COMMISSION April 7, 2011 Town Council May 2, 2011 A Public Hearing will be held by the Planning and Zoning Commission of the Town of Trophy Club in the Council Chambers, 100 Municipal Drive, at 7:00 PM, THURSDAY, April 7, 2011, to consider revisions to the Site Plan for Byron Nelson High School, located in Planned Development No. 28, located in the 2700-2800 Block of Bobcat Blvd. The Applicant is requesting the addition of approximately 800 parking spaces to the site. Applicant: MJ THOMAS ENGINEERING, LLC on behalf of NORTHWEST INDEPENDENT SCHOOL DISTRICT. The Town Council will hear this request on MONDAY, May 2, 2011, in the Council Chambers at 100 Municipal Drive at 7:00 p.m. Planning and Zoning Commission Page 27 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-186-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/2/2011 Planning & Zoning Commission On agenda:Final action:4/7/2011 Title:Public Hearing to consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Attachments:Staff Report - PZ 040711 - Alcoholic Beverages.pdf Commercial_Properties_Map.pdf Action ByDate Action ResultVer. Title Public Hearing to consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off- premise consumption. EXPLANATION: Thepurpose of this discussion is to review the current Town regulations regarding alcohol sales. This discussion is NOT to advocate for or against the sale of alcoholic beverages for the local option proposition on the May 14, 2011 ballot. Any proposed amendments to the Town’s regulations on retail liquor sales for off-premise consumption are not intended to be punitive or advantageous to any particular business. Theyare intended to ensurethat the Town can provide proper application procedures and governance for retail liquor sales within the community. Planning and Zoning Commission Page 28 of 38 Meeting Date: April 7, 2011 PLANNING AND ZONING COMMISSION STAFF REPORT April 7, 2011 Retail Sale of Alcoholic Beverages for Off-Premise Consumption SUBJECT: Discussion 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 The purpose of this discussion is not to advocate for or against the sale of alcoholic beverages in the Town of Trophy Club. The Town is prohibited from advocating for or against the sale of alcoholic beverages on the May ballot. However, 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. Any proposed amendments to the Town’s regulations on retail liquor sales for off- premise consumption are not intended to be punitive or advantageous to any particular business. They are intended 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 29 of 38 Meeting Date: April 7, 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 30 of 38 Meeting Date: April 7, 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, initially issued June 2004. Cristina’s Mexican Restaurant, initially issued August 2005. Vinny’s Italian Restaurant, initially issued October 2005. Located in the Plaza PD-21 (Trophy Lake Drive/Highway 114): Tom Thumb, initially issued June 2004. Walgreens, located in the Plaza PD, initially issued March 2011. Other Locations: Trophy Club Country Club, initially issued July 2005. Specific Use Permit Trophy Club regulations state that “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 (SUP) to do so from the Town”. 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 to the Town Council for approval or disapproval. The Town Council considers and 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. The following criteria are involved in bringing the SUP before the Planning and Zoning Commission and Town Council: Planning and Zoning Commission Page 31 of 38 Meeting Date: April 7, 2011 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. 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. 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. 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 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. 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. 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 Planning and Zoning Commission Page 32 of 38 Meeting Date: April 7, 2011 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. 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. Recommendations If the sale of liquor for off-premise consumption is allowed in Trophy Club, the following changes are recommended to the Town’s regulations: 1. Amend the use tables of the zoning ordinance to define in which zoning districts 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 As well as in the following Planned Development Districts (with land owner cooperation): Planning and Zoning Commission Page 33 of 38 Meeting Date: April 7, 2011 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.) 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 by the Planning and Zoning Commission and Town Council. Section 5.02 Sale of Alcoholic Beverages The regulations of this section of the ordinance currently requires an SUP for the sale of any activity for which a permit or license is required by TABC. No amendment needed. Add a definition for “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. Amend Section F. 3., the location in the ordinance that defines the types of alcohol beverage permits allowed in Trophy Club, to require a Town permit for a liquor store. 3. In cooperation with land owners, amend Planned Development Regulations for PD-13, PD-21, PD-25 and PD-27 (Village Center) to allow liquor stores. Planning and Zoning Commission Page 34 of 38 Meeting Date: April 7, 2011 Planning and Zoning Commission Page 35 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-184-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/2/2011 Planning & Zoning Commission On agenda:Final action:4/7/2011 Title:Discussion and Recommendation regarding a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Attachments: Action ByDate Action ResultVer. Title Discussion and Recommendation regarding a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Planning and Zoning Commission Page 36 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-188-T Name: Status:Type:Agenda Item Regular Session File created:In control:Planning & Zoning Commission On agenda:Final action: Title:Discusson and recommendation for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 Attachments: Action ByDate Action ResultVer. Title Discusson and recommendation for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 Planning and Zoning Commission Page 37 of 38 Meeting Date: April 7, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-189-T Name: Status:Type:Agenda Item Regular Session File created:In control:Planning & Zoning Commission On agenda:Final action: Title:Discusson and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Attachments: Action ByDate Action ResultVer. Title Discusson and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Planning and Zoning Commission Page 38 of 38 Meeting Date: April 7, 2011