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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 1 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. K 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. 3 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 10 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. 5 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 X 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. I 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 N 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. 0 Planning & Zoning Public Hearing & Regular Session 1 February 2001 Gene fiirChairman - Keri m C. Fleck, Planning & t oning Coordinator w KCF/PLANNING&ZONING/MINUTES/2001 /JAN/ 02012001 PH& REG SESS [2/12/01 2:04:38 PM) IN