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Minutes P&Z 06/15/2000MINUTES OF REGULAR SESSION FOR THE PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB 15 June 2000 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on 15 June 2000, at 6:30 P.M. in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. lot Al - Gene Hill present Don Cotton present Rick Gilliland present Clayton Reed present David Schaaf excused absence Roger Williams excused absence STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Barry Hudson Planning Consultant Bill LeGrand Assistant Director of Public Works Capt. Danny Thomas Trophy Club/Westlake DPS, Fire Division Robbie Daughtry Trophy Club Municipal Utility District, Wastewater Superintendent Patrick Krejs Regency Realty Morgan L. Scott Regency Realty Yung Cha Excel Cleaners tenant Alfred Go broker representative for Mr. Cha Barry Huizenga Council Member Barb Tweedie Council Member Vice Chairman Hill called the meeting to order at 6:40 p.m. and announced a quorum was present. 2. PRESENTATION AND DISCUSSION REGARDING A REQUEST TO AMEND ORDINANCE NO. 1999-17 P&Z, TROPHY CLUB PLAZA, AS FOLLOWS: PERMITTING ON-SITE DRY CLEANING FACILITY USE, (APPLICANT: CODY PLETZ, PROJECT MANAGER, REGENCY REALTY). Mr. Scott addressed the Commission: Mr. Scott stated that he had responded to all questions asked by the Commissioners at the previous meeting, and then went into a brief review of the questions posed. Are there any locations in the Dallas/ Fort Worth Metroplex area that are currently operational, using the Exxon DF 2000? According to the distributor, the closest comparable Exxon DF 2000 dry cleaning location is in Grapevine, located on Hall Johnson Road, just west of Highway 121 (William D. Tate Avenue). There is also a store operational in Keller, however, the Comet Cleaners store is not comparable as it is a conversion of an older machine from PERC to Exxon DF 2000. The location in Grapevine is a new machine designed to use Exxon DF 2000, as is planned for The Plaza. PNammimg& Zoning Regular Session 15 June 2000 What iethe capacity of the secondary containment pan? According to the prospective tenant, the CODt8iOrn8nt pan underneath the dry cleaning nl@Chin8 will have a capacity for 172.7 g8(|OnS. more than twice the amount ofsolvent in the machine at any time. List of surrounding cities with operational Exxon DF 2000 dry cleaning plants. According to the distributor, the following locations are operational in North Texas: OentVn, Ennia, Flower K4ound, Frieoo, Gar|and, Gn9nbury, Kai|ar, LevviSvi||e, K4ineo|a, Parie, Rockwall, Sanger, Sherman and Sulphur Springs. Mr. Scott asked that the Commission tolook favorably onthe request. Vice Chairman Hill asked Mr. D8uQhtry if he had any comments he vvOu|d like to odd in addition LOhis letter. McDaughtry stated that he had spoken with both TNRCCand the EPA and was advised that Trophy Club has what is referred hooea ^nouKi-aectorpermit" and vveare not classified as an industrial use. If, hovvewer, for some reason fines are levied against the K8.U.[J.. Mr. Daughtn/ nBcoD1018ndRd that they be [O||8d over to the owner Ofthe dry cleaning h3oi|ih/. The machine has 200% containment, and only 110% is required. In Speaking with Captain Thomas, it was determined that water would make it run further, but it should not reach the uya0omn regardless. That would be a HAZMAT issue where it is contained and the clean-up site would be handled by the Fire Department. Even in the event of an accidental opi||, and it was to reach the plant, there would have to be o fire and a spill to have the flow go that distance. There would be m better chance of truck overturning on SH 114 and dropping @ chemical that would reach the plant. Mr. [}@uQhtryvvent On to say that he had no objections and he did not see vvh8P8 the facility would CGUSB any problems. Vice Chairman Hill asked Mr. OGuQhtryvvhat the fines would be if spill were to reach the plant. Mr. [}mughtry stated that the standard fee is up to $10.000 per day, as long as the violation exists. Commissioner Cotton asked if there was any possibility to increase the capacity to qualify as an industrial plant. Mr. Dau8htryotehad that there have been discussions about increasing the capacity, but not for the purpose ofachange inthe permit status. Captain ThVnl8S stated that they have broken down the classifications. The product is n|aaoiUod as a 3A, which means there must boafire suppression uyoh*rn installed. |tsplits the area up into an H2 classification for where the mn8ChiOH is at in the boiler n0orn, and o B2 split occupancy. H2 requires G sprinkler system, high impact,/high f|8vv heads in C8ae of Un8. The other area vvOu|d be a regular fire DOvv system. Mr. LeGrGnd stated that the building code |0OkS 8titoS 8 mixed oonupGnoy, which is H2 and B2. The manufacturer peCOnornendS that in lieu Of containment of the facility the foam system be used all over the machine area itself. And it requires @ [niniDlurn 2 -hour fire -walls OD either side ofthe units th[uthe deck OrthrUthe deck seal. |Oorder k]comply with the building codes, those it8[nS DlUSt be met and verified. The staff is currently [8CSiviOQ information about the rn8ChiOe and the solvent. However, @tthis time, with the data received from various sources, itiSthe determination of the staff to recommend approval as long as the fire and building codes are met. Planning & Zoning Regular Session 15 June 2000 Morgan Scott asked for clarification of the fire -wall issue. The separation walls would be for the entire tenant space, but not for the machine itself to be in a separate room. Mr. LeGrand stated that was correct. At this time the building department cannot find from its sources, any requirement specifying that the machine be in it's own room. Mr. LeGrand mentioned that currently there is only one exit out of the building -the exit going thru a boiler room does not count. That is a hazardous area and may not be used. The plan will require a reconfiguration of the tenant space to allow for a clear pathway. Vice Chairman Hill asked about the flashpoint of the solvent. With continued use, the flashpoint begins at 147 degrees and goes down from there. The building department is still researching the point it can get down to. Mr. LeGrand stated that there was little possibility of the classification changing with the flashpoint. Motion: Reed Second: Cotton Ayes: Hill, Gilliland, Nays: None. Approved: 4-0 Motion carried. Commissioner Reed made a motion to hold a public hearing for this request. Then, Commissioner Reed stated he would like his motion to include penalties assessed to the owner of the dry cleaning facility in the event of a spill. Vice Chairman Hill added that it strictly be enforced that this site be used only for Trophy Club business, not having another site use the facility. This item will be considered at a public hearing 6 July 2000. Vice Chairman Hill excused the applicant at 7:00 pm. Vice Chairman Hill proposed that agenda item 3 be skipped because the applicant was not yet in attendance. 4. DISCUSSION AND REVIEW OF PROPOSED REVISIONS TO FENCE ORDINANCE NO. 1999-01. (APPLICANT TOWN OF TROPHY CLUB) The following revisions were made: Section 2. Definitions. B. "Fence" shall mean any wall or structure more than three (3) feet in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. ,but In no event shall "fence" mean any wall or structure constructed or placed in the front yard of a residence. such as wall or structure constructed or placed in the front yard of -a residence is prohibited Section 2. Definitions. E. "Treated RailroadType 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 not include treated wood). The Commission directed Ms. Fleck to speak with Mr. Womack, building inspector, to clarify why he added this sentence. 3 Planning & Zoning Regular Session 15 June 2000 Section 3. Fences A. Permit. (6) Graphic outline of the property to be fenced, with the fence signified by dark lines and showing the location of adjacent fences; and (7) Approximate value of the fence (if necessary);_ and Section 7. Screening. K. Fences, Walls, Hedges: (2) An Interior Lots: On an For interior lots in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or existing any public highway, street, alley or private street or highway, driveway from or to adjacent private property. This item will be added to the next agenda so that the Commission may make a recommendation on the proposed revisions, and review comments from Mr. Womack 5. REVIEW AND APPROVE MINUTES. NA u..�1I Motion: Reed Second: Cotton Ayes: Hill, Williams Nays: None Approved: 4-0 Motion carried. •'• X11 Motion: Reed Second: Cotton Ayes: Hill, Gilliland, Reed Nays: None Approved: 5-0 Motion carried. 18 May 2000: Motion: Reed Second: Cotton Ayes: Hill, Gilliland, Schaaf, Williams Nays: None Approved: 6-0 Motion carried. 1 June 2000 Motion: Gilliland Second: Reed Ayes: Hill, Williams Nays: None Approved: 4-0 Motion carried. 0 Planning & Zoning Regular Session 15 June 2000 6. REPORTS FROM COMMISSIONERS, OTHER MATTERS. Commissioner Cotton updated the Commission on the status of the Franchise Utility Taskforce. Currently they are in the process of enacting an ordinance for all franchise agreements that will be generic for all utility companies. They have recently completed a Rights of Way ordinance and it has been passed on to the M.U.D. attorney for approval. Once that ordinance is approved, Trophy Club will have a common ordinance. Most cities never even get to the point of having this type of ordinance. Vice Chairman Hill informed the Commission that he was provided information from a meeting recently attended by the mayor. The meeting had to do with TNRCC and water conservation efforts. Several areas are facing droughts with the increased populations. It was suggested by Mayor Engelbeck that the Commission look at the requirements for irrigators and create possible regulations. 7. REPORTS FROM STAFF. Ms. Fleck had no reports. Vice Chairman Hill directed the Commission to move to agenda item 3, even though the applicant was not in attendance. 2. DISCUSSION AND APPROPRIATE ACTION REGARDING A REQUEST FOR A WAIVER TO FENCE ORDINANCE NO. 1999-01, AT 301 VILLAGE TRAIL, (LOT 30, BLOCK B @ LAKESIDE). APPLICANT: GABRIEL ZORRILLA. Mr. Hudson stated that after reviewing the application in conjunction with the waiver request letter, the request is deceiving; it is not clear as to what exactly the applicant is asking. Vice Chairman Hill noted that the fence permit application calls for the material of the fence to be wood pickets, which is not an approved material. The letter requesting the waiver stated that "The goal is to increase aesthetics by having the fence even with the other existing fence on Durango Dr." Whereas the plot plan with the proposed fence positioning only shows the fence to be moved fifteen feet (15') from the current location, placing it almost in the middle of the fifteen foot (15) Utility Easement on the side street. This location would not be the location appropriate for lining up with the fence on Silver Rock Drive, (the house he referred to as Durango Drive above). Also, the proposed fence stops midway thru the lot, not extending to the rear property line. Ms. Fleck stated that she had mailed a copy of the agenda to the applicant, 9 June 2000 and had left a message on his answering machine at approximately 6:53 pm, during the meeting. Motion: Gilliland Second: Cotton Ayes: Hill, Reed, Nays: None Approved: 4-0 Motion carried. The Commission unanimously moved to deny the request for a fence waiver. With the applicant not in attendance, too many questions were raised by the Commissioners. 5 Planning & Zoning Regular Session 8. ADJOURNMENT. Vice Chairman Hill adjourned the meeting at 7:47 p.m. --7 -Gene-Hill, Vice Chairman Tin C. Fleck, Planning(& Zoning Coordinator 15 June 2000 KCF/PLANNING&ZONING/MINUTES/APR,MAY,JUN/06152000REGMTG [6/29/00 5:31:26 PM] x