Minutes P&Z 02/01/2001MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB
1 FEBRUARY 2001
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Public Hearing & Regular Session on 1 February 2001, at 6:30 pm in the
Boardroom of the Trophy Club Administration Building, 100 Municipal Drive,
Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill
present
Vice Chairman Gilliland
excused
Commissioner Ashby
excused
Commissioner Reed
present
Commissioner Rodgers
present
Commissioner Shegon
excused
Commissioner Sheridan
present
STAFF AND GUESTS PRESENT:
Kerin C. Fleck
Dan Boutwell
Dana Gillock
Mark Stinson
Alan Pack
Mostafa Setayesh
David Bergher
Barb Tweedie
Planning & Zoning Coordinator
Planning Consultant
Applicant/ Beck Properties
Applicant/7-Eleven, Sr. Real Estate Rep.
Applicant/7-Eleven
Applicant/The Dimension Group
Applicant/Developer
Council Member
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 6:43 pm, and announced a
quorum was present.
PUBLIC HEARING
2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
A motion was made to open the public hearing.
Motion: Reed
Second: Sheridan
Ayes: Hill, Rodgers
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Planning & Zoning Public Hearing & Regular Session 1 February 2001
Nays: None
Action: 4-0
Motion carried.
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. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #13, EXHIBIT C DEVELOPMENT STANDARDS, BY
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING
PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE
SERVICE STATION) AND COMMERCIAL OFFICE USES IN ORDER TO
ALLOW ONLY THE GASOLINE SERVICE STATION USE BY 7 -ELEVEN,
INCORPORATED, TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS
INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED
DEVELOPMENT #13 ON A 24-HOUR, SEVEN DAY PER WEEK BASIS;
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 GENERAL PROVISIONS; 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: CARLOS SALINAS, THE DIMENSION GROUP).
In place of Mr. Salinas, Mostafa Setayesh addressed the Commission on behalf
of 7 -Eleven.
As of last November, 7 -Eleven purchased the Tetco station located at 2101 State
Highway 114. The current hours of operation are from 6:00 am to 11:00 pm.
Mr. Alan Pack addressed the Commission.
In order to provide more convenient service to customers, 7 -Eleven would like to
provide service 24 hours a day, seven days a week. This change in hours will
benefit those customers leaving for work early in the morning, as well as those
customers coming home late.
No public requests were made to speak about this agenda item.
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Planning & Zoning Public Hearing & Regular Session 1 February 2001
B. DISCUSSION AND APPROPRIATE ACTION REGARDING A REPLAT FOR
THE FOLLOWING: LOT I OR, BLOCK 1, THE ESTATES OF HOGAN'S GLEN,
PHASE 11 AND LOTS 11 R AND 5R, BLOCK 1, WATERS EDGE AT HOGAN'S
GLEN (APPLICANT: DANA GILLOCK, BECK PROPERTIES).
Dana Gillock addressed the Commission.
Ms. Gillock explained the reason for the replat request.
Mr. Boutwell gave a staff report on the replat. State requirements mandate a
public hearing be held for a replat in a residential subdivision. All of the platting
is in accordance with the zoning district regulations for the lots. Only the
orientation of the lots is being changed. The plat is in agreement with the
Subdivision Regulations and Zoning Ordinance for the Town of Trophy Club.
No public requests were made to speak about this agenda item.
Mr. Boutwell gave a staff report on the extended hours of operation request
from 7 -Eleven. At the time PD -13 was presented, the hours of operation were
addressed to encompass all five (5) tracts of land. An enormous amount of time
and effort went into the operating hours for this site. In other straight -zoned
districts within the Town for commercial uses, the Town does not permit 24-hour
operations. That was the choice and desire of the public and was therefore
intuited into the ordinance at that time. That does not mean that we can't
change the hours of operation. However we need to determine whether or not
certain conditions have changed since that tine, to warrant the change. As far
as development within this area, we have not seen that conditions have
changed. There may be facts that the applicant will present or that the public
may present that could prove otherwise. Since the conditions have not
changed since the original zoning ordinance we do not see justification to
change the PD. If it is determined to change the requirements of the PD, Mr.
Boutwell suggested that the name 7 -Eleven be removed from the ordinance, as
ownership of the station may change in the future.
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:
Reed
Second:
Sheridan
Ayes:
Hill, Rodgers
Nays:
None
Action:
4-0
Motion carried.
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Planning & Zoning Public Hearing & Regular Session 1 February 2001
5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR
SESSION.
REGULAR SESSION
6. PLANNING & ZONING COMMISSION TO TAKE APPROPRIATE ACTION AND
MAKE A RECOMMENDATION TO THE TOWN COUNCIL REGARDING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #13, EXHIBIT C DEVELOPMENT STANDARDS, BY
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING
PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE
SERVICE STATION) AND COMMERCIAL OFFICE USES IN ORDER TO
ALLOW ONLY THE GASOLINE SERVICE STATION USE BY 7 -ELEVEN,
INCORPORATED, TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS
INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED
DEVELOPMENT #13 ON A 24-HOUR, SEVEN DAY PER WEEK BASIS;
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 GENERAL PROVISIONS; 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: CARLOS SALINAS, THE DIMENSION GROUP).
Commissioner Reed stated that there was extensive discussion about the hours
of operation when this PD was first approved, and he does not see any reason
why it should be changed at this time.
Commissioner Rodgers asked the applicant what changes when the store closes
at 11:00 pm? Example: do the lights get turned out?
Mr. Pack said that currently all exterior lights are turned off; interior lights remain
on all night.
At the request of Commissioner Rodgers, Chairman Hill briefed the Commission
on some of the concerns that arose when this PD was being developed.
Chairman Hill stated that there was a very significant protest from the
community. The immediate neighbors were concerned about late night
activities on the property, deliveries made during the night. There was no buffer
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Planning & Zoning Public Hearing & Regular Session I February 2001
between the site and the residences; therefore, the Town required an eight (8)
foot wall to act as a buffer.
Chairman Hill stated that he was not aware of any reports about unsavory
activities from the Police Department.
Commissioner Sheridan asked if there was a tracking method in place to track
any complaints from the residents on Sunset Drive.
Chairman Hill stated that he did not recall any resident complaints since the
most recent addition was made to the site, which was the office building
addition to tract 5.
Commissioner Rodgers asked how many residents were notified from the two -
hundred (200) foot notice.
Commissioner Sheridan stated that more residents would be impacted than
those failing into the 200' category.
Commissioner Sheridan asked the applicant if they had experienced any
problems with crime since they began operating the store.
Mr. Pack said no.
Mr. Boutwell stated that when the PD was being developed, many residents
were concerned with any type of activity that may require use of the back of
the building, such as a drive-thru window. Also, the lights on continuously at
night were another big concern. Mr. Boutwell suggested to the applicant that
since they are amending the ordinance, they have the option to amend
anything that will have a direct impact on the site, such as the external lights.
Commissioner Sheridan asked if any promises were made to residents when the
PD was in the process of being approved. Mr. Boutwell stated that the only
promises that are made are recorded in the PD. All of the agreements and
conditions either party came up with were included in the PD.
Commissioner Sheridan asked that this item be postponed so that more public
input could be heard.
Mr. Boutwell shared the process of public notification to the Commission. First of
all, Ms. Fleck advertises the public hearing by putting a notice in the paper
fifteen (15) days prior to the meeting. She also did the 200' notification
according to state law. As a matter of practice nothing else is required.
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Planning & Zoning Public Hearing & Regular Session I February 2001
Chairman Hill stated that there would be another public hearing before the
Town Council.
Mr. Boutwell stated that if there are items the Commission is unsure about, and
wishes the applicant to address, then the item could be tabled. The public
hearing cannot be opened again at a subsequent meeting, but the decision
can be tabled.
Mr. Pack stated that it is not the intent of 7 -Eleven to be an inconvenience to
anyone, that's why they are not asking to be able to operate the car wash or
add a drive-thru to the restaurant. They would like only to provide drinks inside
the store and gasoline to customers. If lighting is an issue, they will offer to shield
the lights or change the lights to accommodate.
Mr. Boutwell asked if the applicant would consider dropping the foot-candle to
30. Currently is at 54, which is very bright.
Mr. Pack said yes that could be arranged.
Mr. Boutwell said that could be part of the conditions the Commission may
require.
Commissioner Sheridan asked how the possible future sales of liquor may impact
the site, when do sales stop?
Mr. Boutwell stated that would have to be in accordance with the State of Texas
requirements.
Mr. Pack stated that he believes that the State of Texas requires sales to stop at
midnight and they begin at 7:00 am.
Chairman Hill asked the applicant if 7 -Eleven would be willing to commit to the
car wash not being operational during the night hours, 10:00 pm thru 7:00 am?
Mr. Pack agreed.
Chairman Hill stated that he would also like to see an agreement that the
Possum Lodge window will not allow to serve as a drive-thru window.
Commissioner Reed asked what percent of sales occur between 11:00 pm and
7:00 am?
Mr. Pack stated gasoline sales are more substantial. As far as inside sales, if is
anywhere from 10-15 percent, occurring between the hours of midnight and
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Planning & Zoning Public Hearing & Regular Session I February 2001
5:00 am. Mr. Pack stated the he would be more than willing to adhere to
delivery schedules.
Gasoline deliveries would be between 7:00 am to 9:00 pm or 10:00 pm.
However, they would like to accept deliveries from a small truck earlier than
what the current ordinance allows in offer to provide fresh food each day. No
deliveries are made fhru the back door.
Chairman Hill stated that he would like to see the Commission fable this item.
A motion was made to reopen the public hearing.
Motion:
Sheridan
Second:
Rodgers
Ayes:
Hill, Reed
Nays:
None
Action:
4-0
Motion carried.
The public hearing was reopened.
PUBLIC HEARING
A motion was made to continue the public hearing to a date certain, being
February 15th.
Motion:
Sheridan
Second:
Reed
Ayes:
Hill, Rodgers
Nays:
None
Action:
4-0
Motion carried.
A motion was made to table the amendment to ordinance 95-20 until 15
February 2001.
Motion:
Sheridan
Second:
Reed
Ayes:
Hill, Rodgers
Nays:
None
Action:
4-0
Motion carried.
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Planning & Zoning Public Hearing & Regular Session I February 2001
B. DISCUSSION AND APPROPRIATE ACTION REGARDING A REPLAT FOR
THE FOLLOWING: LOT 10R, BLOCK 1, THE ESTATES OF HOGAN'S GLEN,
PHASE 11 AND LOTS 11R AND 5R, BLOCK 1, WATERS EDGE AT HOGAN'S
GLEN (APPLICANT: DANA GILLOCK, BECK PROPERTIES).
Chairman Hill stated that Mr. Harbin had previously presented the replat to the
Commission 4 January 2001. At that time it was a general discussion.
A motion was made to approve the replat.
Motion:
Sheridan
Second:
Reed
Ayes:
Hill, Rodgers
Nays:
None
Action:
4-0
Motion carried.
7. DISCUSSION REGARDING A REQUEST TO AMEND PD -13, THE VILLAGE @
TROPHY CLUB, TO ALLOW FOR LESS RESTRICTIVE SIGNAGE CRITERIA FOR
TRACT 1, (APPLICANT: DAVID BERGHER, DEVELOPER).
Mr. Bergher addressed the Commission.
Mr. Boutwell gave a staff report.
1. Item 2. Building Signage: No banner or temporary sign shall be allowed
...with the exception of the grand opening or periodic special events. Mr.
Boutwell suggested that this area be more specific as to how periodic the signs
will be allowed.
2. Sign shall be no more than 15% of the front surface area of a wall and 10%
of the surface area of a selected side or rear wall, centered on the store and
centered vertical in the store field area. Mr. Boutwell said this might be too large
for the tenant space.
3. Item 4. Temporary Signage: One leasing sign with a maximum size of 8 ft. x
4 ft. wide and a maximum area of 32 sq. ff. and shall be constructed of wood or
aluminum and shall be mounted on posts of no more than 2' in height. Mr.
Boutwell was concerned with the wood material and how long the sign would
be in place. Would there be any decorative elements to the sign?
Chairman Hill stated the sign referenced above is already on the property.
Mr. Bergher responded to Mr. Boufwell's points. (I.) He stated that he would
define how periodic the banner signs would be permitted. (2.) He said that the
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Planning & Zoning Public Hearing & Regular Session 1 February 2001
size was taken from the size requirements from PD -21. The tenants feel they
need more visibility. He said that the 15% would be more for the end -caps.
Mr. Boutwell asked for a clarification. Is that 15% of the wall space that the
tenant has or 15% of the surface of the wall? Mr. Bergher said it was what the
tenant has.
A change was made to the requirement: Sign shall be no more than 15% of the
front surface area of G tenant space wall and 10% of the surface area of a
selected side er reer w centered on the store and centered vertical in the
store field area.
Chairman Hill stated that he did not feel "a special dispensation" should be
included in the PD. If a tenant requires a special dispensation, than they can
apply to the Planning & Zoning Coordinator for approval.
Mr. Boutwell suggested a phrase be added that will allow the tenants relief from
the requirements. Otherwise an amendment will have to be granted. Example:
Temporary relief from the conditions of the sign criteria may be received for
approval from the Town Council upon recommendation from the Planning &
Zoning Commission.
Mr. Bergher stated that the only time this area of the request proposal will be
applicable would be when the main lanes, the service road and bridge are
under construction.
Mr. Boutwell offered to help with the specific wording.
Mr. Bergher stated that he would come up with some drawings that would
indicate what 15% of the front surface area would look like. The largest space
will most likely be a restaurant on one of the end caps.
8. REPORTS FROM COMMISSIONERS, OTHER MATTERS.
There were no comments from the Commissioners.
9. REPORTS FROM STAFF.
There were no reports from staff.
10. ADJOURNMENT.
Chairman Hill adjourned the meeting at 7:55 pm.
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Planning & Zoning Public Hearing & Regular Session 1 February 2001
Gene fiirChairman
-
Keri m C. Fleck, Planning & t oning Coordinator
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