Minutes P&Z 07/06/2000MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB
6 July 2000
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public
Hearing and Regular Session on 6 July 2000, at 6:30 P.M. in the Boardroom of the Trophy Club
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Gene Hill
Don Cotton
Rick Gilliland
Clayton Reed
Roger Williams
STAFF AND GUESTS PRESENT:
present
present
present [arrived at 6:42 pm]
excused absence
present
Kerin C. Fleck
Planning & Zoning Coordinator
Dan Boutwell
Planning Consultant
Cody Pletz
Regency Realty
Patrick Krejs
Regency Realty
Morgan L. Scott
Regency Realty
Yung Cha
Excel Cleaners tenant
Alfred Go
Broker Representative for Mr. Cha
Pete Protsman
Lincoln Properties
Glenn Williams
Lincoln Properties, Project Manager
Brian Baldwin
O'Brien & Associates, Senior Project Manager
David Baxter
Accolade Homes
David Bergher
Developer, Butler-Bergher
Dr. Kris Word
Summit Dental Care
Dr. Dan Crawford
Summit Dental Care
Patrick Carlisle
Merry's Christmas & Clowns
Pat Flynn
Quizno's Subs
Ronnie Englebeck
Resident
Susan Edstrom
Mayor Pro Tern
Barb Tweedie
Council Member
CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 6:43 p.m., and announced a quorum was present.
2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
Chairman Hill opened the Public Hearing.
Planning & Zoning Regular Session 6 July 2000
3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING
RELATIVE TO THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 99-17 OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #21, EXHIBIT C DEVELOPMENT STANDARDS, BY
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD
PLANNED DEVELOPMENT #21 FOR PROFESSIONAL, BUSINESS AND
RETAIL USES TO ALLOW AN ON-SITE DRY CLEANING FACILITY;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF
THE TOWN; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE, (APPLICANT: MORGAN SCOTT, CONSULTANT FOR
REGENCY REALTY).
Mr. Morgan Scott summarized the amendment request, and asked that the Commission look
favorably upon the request.
Chairman Hill informed the audience of the process for the public hearing.
4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/ OR
CONTINUE TO A DATE CERTAIN.
A motion was made to close the Public Hearing.
Motion:
Williams
Second:
Gilliland
Ayes:
Hill, Cotton
Nays:
None
Approved:
4-0
Motion carried.
5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION.
REGULAR SESSION
6. PLANNING & ZONING COMMISSION TO OPEN REGULAR SESSION.
Chairman Hill opened the Regular Session.
7. PLANNING & ZONING COMMISSION TO TAKE APPROPRIATE ACTION AND MAKE
A RECOMMENDATION TO THE TOWN COUNCIL REGARDING:
2
Planning & Zoning Regular Session 6 July 2000
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 99-17 OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #21, EXHIBIT C DEVELOPMENT STANDARDS, BY
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD
PLANNED DEVELOPMENT #21 FOR PROFESSIONAL, BUSINESS AND
RETAIL USES TO ALLOW AN ON-SITE DRY CLEANING FACILITY;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF
THE TOWN; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Chairman Hill asked Mr. Boutwell if he had any comments.
Mr. Boutwell called attention to staff comments and reiterated that the items listed should be
incorporated into the motion. He also suggested that the town attorney incorporate into the
ordinance the penalty to the tenant if a spill occurred.
Chairman Hill asked Mr. Scott if any new signage would be introduced for the tenant. Mr. Scott
stated no new signage would apply.
A motion was made to recommend approval of the use with the following stipulations:
■ The use will be used strictly as a drop off and pick up site to Trophy Club only, having no
other location's garments brought to this site to be cleaned.
■ In the event of a spill affecting the Trophy Club Municipal Utility District's Wastewater
Treatment Plant, fines assessed to the Treatment Plant will be levied against the owner of the
dry cleaning facility. (This will be incorporated into the town ordinance as well as the
developer's ordinance).
• This site must meet or exceed the following:
National Fire Protection Association (NFPA 32), Standard for Dry Cleaning
Plants
2. NFPA 70 — National Electric Code® (NEC), Article 500-501
3. NFPA 13 — Standard for the Installation of Sprinkler Systems
4. Uniform Building Code TM 1997 (UBC) Section 307 ...The dry cleaning plant
should also be vertically and horizontally separated from other occupancies by
partitions having a minimum fire resistance rating of at least 2 hours and have
automatic fire doors suitable for Class B openings at all vertical and horizontal
openings.
N
Planning & Zoning Regular Session 6 July 2000
Motion:
Cotton
Second:
Williams
Ayes:
Hill, Gilliland
Nays:
None
Approved:
4-0
Motion carried.
This item will be recommended for approval to the Town Council. The Town Council will hold
their Public Hearing on this matter 18 July 2000.
8. PRESENTATION, DISCUSSION AND APPROPRIATE ACTION REGARDING A
REQUEST TO MODIFY THE DESIGN OF THE BANK OF AMERICA DRIVE-THRU
CANOPY, 353 TROPHY LAKE DRIVE, THE PLAZA, (APPLICANT: LYNN C.
GEORGE, CORPORATE REAL ESTATE SENIOR VICE PRESIDENT, BANK OF
AMERICA).
Mr. Pete Protsman, Lincoln Properties, addressed the Commission and introduced the revised
elevations for the drive thru.
Commissioner Gilliland stated that he felt the new exhibits should reflect more of a consistency
with the rest of the development.
A motion was made to deny approval of the revised elevations.
Motion:
Gilliland
Second:
None
Ayes:
None
Nays:
None
Motion failed for lack of a second.
A motion was made to approve the revised plans.
Motion:
Cotton
Second:
None
Ayes:
None
Nays:
None
Motion failed for lack of a second.
The applicants were directed to create new elevations to present to the Commission.
A motion was made to table item to a date certain, 20 July 2000.
Motion:
Williams
Second:
Cotton
Ayes:
Hill, Gilliland
Nays:
None
Action:
4-0
Motion carried.
Chairman Hill excused the applicants at 7:17 pm.
M
Planning &Zmning Regular Session 0JmUy 2000
This item will baconsidered otaTown Council Public Hearing OJuly 2O00.
Vice Chairman Hill excused the applicant 8t7:17pm.
9' PRESENTATION AND DISCUSSION REGARDING A REQUEST TO AMEND PD -13,
THE VILLAGE @ TROPHY CLUB, TO ALLOW FOR LESS RESTRICTIVE SIGNAGE
FOR TRACT 1. (APPLICANT: LEE ANN BROWN, SENIOR VICE PRESUDENT,
CENTRAL REALTY GROUP).
Mr. David Bergher, developer of the Village ShVpe, addressed the Commission in place of Ma.
Brown.
Mr. E3ergherotatad reasons to amend the ordinance to incorporate |oea restrictive signage.
1. When the ordinance was originally created, Trophy Club had very strict sign
regulations. Since 1995 when the ordinance was opprovad, sign regulations have
become |ooa stringent.
2. People driving west on SH 114 are driving at high speeds and with the current
ei0noQg au arna||, most people are not able to read individual tenant signs or the
monument sign.
3. A large reason the center has not been leased is due to the restrictive signage.
Several tenants have been turned off by the lack of presence the current standards
provide.
Cnrnmniaaiunar Gilliland stated that the Commission looks favorably iovvorda the concept of the
amendment propOmG/, hOvv8vSr. there were @ few areas that will require modification.
Chairman Hill stated that "Landlord approval" and "Landlords discretion" should read "subject to
Planning & Zoning approval". Landlord approval is generally obtained prior to any @pp|iC@Unn
filed with the Town.
Dr. Dan Crawford, co-owner, Summit Dental Care addressed the Commission.
Mr. Patrick Carlisle, owner, Marn/aChristmas & Clowns addressed the Commission.
Mr. Pat Flynn, owner, Quiznu'aSubs addressed the Commission.
Chairman Hill directed Mr. B8[gh8[ to nO@he the revisions to all items with "Landlord approval"
and "Landlords diSCn8tiOO" and to provide more ViSU@| 8x@nnp|8S. DiSCUSSiOO OD this item will
continue 8tthe 2OJuly 2O0Omeeting.
Chairman Hill excused the applicant GtOprn.
Planning & Zoning Regular Session 6 July 2000
10. PRESENTATION AND DISCUSSION OF DECORATIVE DRIVE MATERIAL AT 18
HANNA COURT, LOT 18, THE VILLAS, LE SAISON, (DAN BOUTWELL, PLANNING
CONSULTANT).
Dan Boutwell explained the circumstances surrounding Mr. Baxter's request.
Chairman Hill directed Mr. Baxter to contact Mr. Hap Baggett with the Villas Homeowners
Association, to see what his interpretation of the ordinance is. A letter stating the Association's
position will help the Commission arrive at a determination.
Mr. Baxter stated that he would get a letter of position from Mr. Baggett and submit it to staff for
consideration at a future Planning & Zoning Commission meeting.
Chairman Hill excused Mr. Baxter at 8:15 pm.
11. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS DETERMINING THE
VALUE OF VACANT LAND IN THE TOWN FOR PURPOSES OF PARKLAND
DEDICATION AND PAYMENT OF CASH IN LIEU OF DEDICATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE, (PAUL ROSENBERGER, PARK &
RECREATION COMMITTEE STAFF LIASION).
Ms. Fleck stated that Mr. Rosenberger was not able to attend the meeting.
A motion was made to approve the ordinance.
Motion:
Cotton
Second:
Gilliland
Ayes:
Hill, Williams
Nays:
None
Action:
4-0
Motion carried.
12. DISCUSSION AND APPROPRIATE ACTION REGARDING PROPOSED REVISION
TO FENCE ORDINANCE NO. 1999-01, (KERIN C. FLECK, PLANNING & ZONING
COORDINATOR).
Chairman Hill made the following changes:
Section 2. Definitions.
E. "Treated Railroad.__ Type Cross -tie Wall" shall mean a wall constructed from railroad
cross -ties, either loosely stacked or attached to each other, primarily for the purpose of
retaining or holding earth on one side. (This__definition__shall include_ treated wood of a
shape and dimension that shall resemble cross -tie).
Section 3. Fences.
(13) Fences must be constructed by brick, stone, ornamental metal, pressure treated wood,
cedar, redwood or similar material approved by the Planning and Zoning Commission to
maintain appearance, soundness, safety, and resistance to decay or weather. FkanGes
coas#u+oted-ftorn Spruce shall not be considered asan approved material.
0
Planning & Zoning
Regular Session
A motion was made to recommend approval of revisions to the ordinance.
Motion:
Gilliland
Second:
Cotton
Ayes:
Hill, Williams
Nays:
None
Action:
4-0
Motion carried.
13. REVIEW AND APPROVE MINUTES (15 JUNE 2000).
A motion was made to approve minutes as amended.
Motion;
Cotton
Second:
Gilliland
Ayes:
Hill
Nays:
None
Abstain:
Williams
Action:
3-0
Motion carried.
14. REPORTS FROM COMMISSIONERS, OTHER MATTERS.
6 July 2000
Commissioner Williams commended the 4th of JUly Committee for all the hard work and
preparations that went into the event to make it an enjoyable day for Trophy Club residents.
15. REPORTS FROM STAFF.
Ms. Fleck had no reports.
16. ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 8:30 p.m.
Kef in C. Fleck, Planning & Zoning Coordinator
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