Minutes P&Z 02/19/2004MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
19 February 2004
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public
Hearing and a Regular Session on 19 February 2004, at 7:00 pm in the Boardroom of the
Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262,
COMMISSIONERS ATTENDANCE:
Chairman Hill
Vice Chairman Stephens
Commissioner Ashby
Commissioner Moss
Commissioner Reed
Commissioner Rodgers
Commissioner Sheridan
STAFF AND GUESTS PRESENT:
Kerin C. Fleck
Randy Briggs
Pauline Twomey
Jenny Kramer
Bill Collins
Allison Teague
Max Scott
present
absent
present
present
present
present
present
Planning & Zoning Coordinator
Community Development Manager
Trophy Club Women's Club
Applicant/GSR Andrade Architects
Applicant/GSR Andrade Architects
Applicant/The Cirrus Group
Hill & Wilkinson
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:05 pm, announced a quorum was
present and explained the format of the meeting for the benefit of the audience.
2. PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE REQUEST
FOR A TEMPORARY USE COMMUNITY GARAGE SALE GRANTED BY SPECIAL
PRIVILEGE. (APPLICANT: PAULINE TWOMEY, TROPHY CLUB WOMEN'S CLUB)
Pauline Twomey addressed the Commission and gave a brief summary of the event.
This year the spring sale will be held 17 April 2004 and the fall sale will be held 23
October 2004. There will not be alternate rain days scheduled this year.
A motion was made to recommend approval.
Action:
Sheridan
Second:
Reed
Ayes:
Hill, Ashby, Moss, Rodgers
Nays
None
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
19 February .2004
Action: Approved, 6-0
Motion carried.
PUBLIC HEARING
3. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
A motion was made to open the Public Hearing,
Motion: Reed
Second: Sheridan
Ayes: Hill, Ashby, Moss, Rodgers
Nays: None
Action: Approved, 6-0
Motion carried.
4. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO
THE FOLLOWING:
Chairman Hill read the caption into the record.
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2002-29 P&Z, THE SAME BEING AN ORDINANCE REPEALING
ORDINANCE NO 2002-17 P&Z, THE SAME BEING AN ORDINANCE AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN AND ADOPTING NEW
PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 23, KNOWN AS TROPHY
CLUB MEDICAL PLAZA, A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842
ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE
HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND
SOUTH OF HERITAGE COURT SOUTH; PROVIDING FOR THE INCORPORATION
OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT B,
"DEVELOPMENT/SITE PLAN", BY CHANGING THE PERIMETER SCREENING
ELEMENT ALONG THE NORTH PROPERTY LINE; BY ADOPTING NEW
PROVISIONS TO AMEND EXHIBIT C, "DEVELOPMENT STANDARDS", BY
CHANGING PARAGRAPH (i) OF SECTION (1) ENTITLED "SCREENING
STANDARDS", TO PROVIDE NEW STANDARDS FOR A LIVING LANDSCAPE
SCREEN LOCATED ALONG THE PERIMETER OF THE NORTH PROPERTY LINE;
AND FURTHER AMENDING EXHIBIT C BY CHANGING PARAGRAPH (i) OF
SECTION (p) ENTITLED "HOURS OF OPERATION", TO PROVIDE HOURS OF
OPERATION TO BE 24 -HOURS A DAY; BY AMENDING EXHIBIT F, "LANDSCAPE
PLAN & PLANT LIST", BY REPLACING F-1 AND F-3 WITH A REVISED F-1 AND F-
3, AND BY ADDING F-6 AND F-7, FURTHER DETAILING THE LIVING SCREENING
ELEMENT ALONG THE NORTH PROPERTY LINE; BY AMENDING EXHIBIT J TO
CHANGE THE TITLE OF EXHIBIT J FROM "RETAINING WALL & FENCE CRITERIA"
TO "RETAINING WALL CRITERIA", AND BY REPEALING PAGE J-1 ENTITLED
"FENCE CRITERIA" IN ITS ENTIRETY; PROVIDING FOR AN AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE
N:\kfleck\Private\PLANNING & ZONING\MINUTES\2004\FEB\02192004 PH & REG SESSION.doc (4/29/04 8:59:45 AMS
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
19 February 2004
ORDINANCES OF THE TOWN; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
APPLICANT: GSR ANDRADE ARCHITECTS & THE CIRRUS GROUP (PDAMD-04-
010)
Bill Collins addressed the Commission and gave a brief summary of the request for the
north perimeter screening amendment to PD -23.
The current screening calls for a decorative masonry and wood fence consisting of
masonry posts at eight -foot intervals, However, in order to gain access to existing
underground utilities, and with an existing retaining wall nearby, the applicant is asking
to amend the current PD requirements in order to install a living landscape screen. The
living landscape screen would enable ease of access to existing utilities with a minimal
impact to the site,
Allison Teague addressed the Commission and gave a brief summary of the purpose for
the request to change the hours of operation for phase 1.
The current hours of operation for phase 1 are from Gam to 11 pm. The request is being
made in order to incorporate a ground floor tenant that will operate as support for the
Phase II Hospital which is currently approved per PD -23 for 24 hours of operation. The
tenant will handle minor emergencies rather than admitting them to the hospital. This is
an amenity to the entire facility and will not create any additional site traffic or noise, as
it is a use that is already approved for the site.
Chairman Hili read the following caption into the record,
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION
13, ENTITLED "USE TABLE" TO ADD THE FOLLOWING USES FOR BEER & WINE
SALES (OFF PREMISE CONSUMPTION ONLY) AND SALE OF MIXED BEVERAGES
IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY;
AND FURTHER BY REPEALING ARTICLE 5, SECTION 34 ENTITLED, "SALE OF
ALCOHOLIC BEVERAGES" IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES BY AUTHORIZED
BUSINESSES BY PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR PROHIBITED SALES;
ESTABLISHING CRITERIA FOR PERMITS; PROVIDING REQUIREMENTS FOR
ZONING COMPLIANCE; PRESCRIBING BUSINESS HOURS; ESTABLISHING
PROVISIONS FOR SPECIAL USE PERMIT (SUP); PROVIDING CRITERIA AND
PROCESSING OF SUP; PRESCRIBING METHODS OF DETERMINING DISTANCE
MEASUREMENT; PROVIDING FOR EXCEPTION TO DISTANCE REQUIREMENTS;
PROVIDING FOR EXEMPTION FROM SUP PROCESS FOR EXISTING PRIVATE
N:\kfleck\Private\PLANNING & ZONING\MINUTES\2004\FEB\02192004 PH & REG SESSION.doc (4/29/04 8:59:45 AM)
3
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
19 February .2004
CLUB OPERATIONS; PROHIBITING POSSESSION OR CONSUMPTION IN
CERTAIN AREAS; ESTABLISHING MISCELLANEOUS PROVISIONS; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. (AMD -04-016)
There were no requests to speak from the public.
5. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN.
A motion was made to close the public hearing.
Motion:
Ashby
Second:
Rodgers
Ayes:
Hill, Moss, Reed, Sheridan
Nays:
None
Action:
Approved, 6-0
Motion carried.
6. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION.
Chairman Hill opened the Regular Session.
*REGULAR SESSION
7. DISCUSSION OF THE PLANNING & ZONING COMMISSION'S RECOMMENDATION TO
THE TOWN COUNCIL REGARDING THE ADOPTION OF THE FOLLOWING:
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2002-29 P&Z, THE SAME BEING AN ORDINANCE REPEALING
ORDINANCE NO 2002-17 P&Z, THE SAME BEING AN ORDINANCE AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN AND ADOPTING NEW
PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 23, KNOWN AS TROPHY
CLUB MEDICAL PLAZA, A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842
ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE
HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND
SOUTH OF HERITAGE COURT SOUTH; PROVIDING FOR THE INCORPORATION
OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT B,
"DEVELOPMENT/SITE PLAN", BY CHANGING THE PERIMETER SCREENING
ELEMENT ALONG THE NORTH PROPERTY LINE; BY ADOPTING NEW
PROVISIONS TO AMEND EXHIBIT C, "DEVELOPMENT STANDARDS", BY
CHANGING PARAGRAPH (i) OF SECTION (1) ENTITLED "SCREENING
STANDARDS", TO PROVIDE NEW STANDARDS FOR A LIVING LANDSCAPE
SCREEN LOCATED ALONG THE PERIMETER OF THE NORTH PROPERTY LINE;
N:\kfleck\Private\PLANNING & ZONING\ MINUTES\ 2004\ FEB\ 02192004 PH & REG SESSION.doc (4/29/04 8:59:45 AMS
KI
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
19 February 2004
AND FURTHER AMENDING EXHIBIT C BY CHANGING PARAGRAPH (i) OF
SECTION (p) ENTITLED "HOURS OF OPERATION", TO PROVIDE HOURS OF
OPERATION TO BE 24 -HOURS A DAY; BY AMENDING EXHIBIT F, "LANDSCAPE
PLAN & PLANT LIST", BY REPLACING F-1 AND F-3 WITH A REVISED F-1 AND F-
3, AND BY ADDING F-6 AND F-7, FURTHER DETAILING THE LIVING SCREENING
ELEMENT ALONG THE NORTH PROPERTY LINE; BY AMENDING EXHIBIT J TO
CHANGE THE TITLE OF EXHIBIT J FROM "RETAINING WALL & FENCE CRITERIA"
TO "RETAINING WALL CRITERIA", AND BY REPEALING PAGE J-1 ENTITLED
"FENCE CRITERIA" IN ITS ENTIRETY; PROVIDING FOR AN AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE TOWN; 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 CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
(APPLICANT: GSR ANDRADE ARCHITECTS & THE CIRRUS GROUP) PDAMD-04-
010
Michael Le Page, 14 Heritage Court South, stated his concern over the proposed
revision to the north perimeter property line, He would prefer an eight foot (8') masonry
wall to help shield the lights from vehicle traffic on the Medical Plaza property.
Chairman Hill called for discussion,
Commissioner Sheridan stated he was concerned over the line of sight issue raised by
Mr. LePage. The applicant agreed to augment the proposed landscape adjacent to
the LePage property to provide additional screening in the form of continuing the living
landscape screen parallel to Mr, LePage's fence. The landscaping will consist of East
Palatka Holly, 30 gallon container size planted 48 -inches on center, At the time of
planting they will be approximately eight to nine feet (8'-9') in height, with an
approximate 3 to 3'h- foot spread and full branching to the ground.
The Commission and the applicant agreed upon the exact areas of the additional
planting location, Ms. Teague asked that the locations become part of the record.
(see below)
A motion was made to recommend approval of the amendments and accept the
proposal for the addition of more holly at and around the northeast corner of the PD to
match that which is already proposed to the west. This would extend a little south of
the northeast property corner of the PD and then from the northeast property corner all
the way west,
N:\kfleck\Private\PLANNING & ZONING\ MINUTES\ 2004\ FEB\ 02192004 PH & REG SESSION.doc (4/29/04 9:06:42 AM)
5
Planning & Toning Commission
Public Hearing & Regular Session Meeting
19 February2004
Motion:
Reed
Second:
Moss
Ayes:
Hill, Ashby, Sheridan, Rodgers
Nays:
None
Action:
Approved, 6-0
Motion carried.
This item will be forwarded to the Town Council at their 15 March 2004 meeting,
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION
13, ENTITLED "USE TABLE" TO ADD THE FOLLOWING USES FOR BEER & WINE
SALES (OFF PREMISE CONSUMPTION ONLY) AND SALE OF MIXED BEVERAGES
IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY;
AND FURTHER BY REPEALING ARTICLE 5, SECTION 34 ENTITLED, "SALE OF
ALCOHOLIC BEVERAGES" IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES BY AUTHORIZED
BUSINESSES BY PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR PROHIBITED SALES;
ESTABLISHING CRITERIA FOR PERMITS; PROVIDING REQUIREMENTS FOR
ZONING COMPLIANCE; PRESCRIBING BUSINESS HOURS; ESTABLISHING
PROVISIONS FOR SPECIAL USE PERMIT (SUP); PROVIDING CRITERIA AND
PROCESSING OF SUP; PRESCRIBING METHODS OF DETERMINING DISTANCE
MEASUREMENT; PROVIDING FOR EXCEPTION TO DISTANCE REQUIREMENTS;
PROVIDING FOR EXEMPTION FROM SUP PROCESS FOR EXISTING PRIVATE
CLUB OPERATIONS; PROHIBITING POSSESSION OR CONSUMPTION IN
CERTAIN AREAS; ESTABLISHING MISCELLANEOUS PROVISIONS; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE
N:\kfleck\Private\PLANNING & ZONING\MINUTES\2004\FEB\02192004 PH & REG SES&ON.doc (4/29/04 9.06:42 AM)
0
Plonning & Zoning Commission
Public Hearing & Regular Session Meeting
19 February 2004
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. (AMD -04-016)
Chairman Hill briefly recapped the Planning & Zoning Commission meeting held 5
February 2004, and the changes made to the proposed Alcohol Ordinance.
Chairman Hill called for discussion,
Commissioner Ashby suggested Section K(1) be revised as follows:
Athletic Fields, Parks, or Public Areas: It shall be unlawful for any person to possess
an open alcoholic beverage container or consume any alcoholic beverage in
any Town owned or controlled athletic field and all parking lots servicing such
athletic fields except as specifically approved by the Town Council, ordinance,
or Town Council approved policy which governs such conduct. It shall be
unlawful for any person to possess an open alcoholic beverage container or
consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage
Code..
Commissioner Sheridan stated with the current wording in K(1) he would not vote in
favor of this amendment. He went on to say he objects to the words "in any Town..." in
reference to Town owned streets, as well as "reservation", "planted expressways",
"parking lots", "public areas", "parkways", "triangles" and "traffic islands",
Commissioner Sheridan feels the wording is too broad and too restrictive on usage.
The Commission continued discussion,
Chairman Hill asked Commissioner Sheridan to specify exactly what items he has
concerns with, Commissioner Sheridan said in K(1), he would like to have the following
text removed: "reservation", because he does not know what that is specifically
referring to; "or any other area in the Town owned or used by the Town and devoted to
active or passive recreation", because he does not know specifically what passive is
referring to; and "including all planted expressways... and public areas", because he
feels this text is too broad.
Chairman recommended Commissioner Sheridan be present at the Town Council
meeting when this item is on their agenda so that he can communicate to the Council
why he is not in favor of the proposed ordinance,
A motion was made to recommend approval of the amendment with additional
language added to paragraph K(1), and the addition of Section L entitled
"Miscellaneous Provisions" to specify food to beverage sales at 60% to 40%.
Motion: Ashby
Second: Moss
Ayes: Hill, Reed, Rodgers
Nays: Sheridan
Action: Approved, 5-1-0
Motion carried.
N:\kfleck\Private\PLANNING & ZONING\ MINUTES\ 2004\ FEB\ 02192004 PH & REG SESSION.doc (4/29/04 9:06:42 AM)
7
Planning & Zoning Commission
Public Hearing & Regular Session Meeting
7 9 February 2004
Commissioner Sheridan stated for the record the reason for his vote is as noted
previously,
8. ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 8:44 pm,
ene Hill, Chairman
Kerio C. Fleck, Planning I& Zoning Coordinator
N:\kfleck\Private\PLANNING & ZONING\MINUTES\2004\FEB\02192004 PH & REG SESSION.doc (4/29/04 9:06:42 AM)
i