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Minutes P&Z 07/07/2011Thursday, July 7, 2011 Trophy Club Entities Meeting Minutes Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom Call To Order and announce a quorum. Chairman Hill called the meeting to order at 7:02 p.m. COMMISSION MEMBERS: Present: 5 - Vice Chair James Stephens, Commissioner Dennis Sheridan, Chairman Gane Hill, Commissioner Clayton Reed, and Commissioner Gary Richert Absent: 2 - Commissioner Mike Davidson, and Commissioner Dale Forest STAFF PRESENT: Carolyn Huggins, Community Development Director COUNCIL MEMBERS PRESENT: Larry Hoover, Mayor Pro Tem Bill Rose, Councilman Jeanette Tiffany, Councilwoman GUESTS PRESENT: James Hicks, EDC4-B President Nick Sanders, MUD Director and EDC4-8 Director Jim Stadler, Grace Development, Applicant PD -13 Amendment Request John Dickerson, Sam Gruner, Will Hajek, Applicants, PD -13 Liquor Store SUP Request Ryan Griffin, Regency Centers L.P., Appicant, PD -21 Amendment Request 1. 2011414-T Review and approve minutes of the April 7, 2011, Planning and Zoning Commission meeting. Commissioner Sheridan voted against approval of the minutes in protest of the lack of Content. He wishes to see more detail thenjust the action taken on the item. A motion was made by Commissioner Reed, seconded by Commissioner Richert, that this Agenda Item be Approved . The motion carried by the following vote. Aye: 4 - Vice Chair Stephens, Chairman Hill, Commissioner Reed, and Commissioner Richert No: 1 - Commissioner Sheridan Planning and Zoning Commission Page 1 017 Meeting Date', July 7, 2011 Planning & Zoning Commission Meeting Minutes July 7, 2011 2011-315-T Review and approve minutes of the April 19, 2011, Planning and Zoning Commission meeting. Commissioner Sheridan voted against approval of the minutes in protest of the lack of content He wishes to see more detail than just the action taken on the item. A motion was made by Vice Chair Stephens, seconded by Commissioner Reed, that this Agenda Item be Approved . The motion carried by the following vote. Aye: 4 - Vice Chair Stephens, Chairman Hill, Commissioner Reed, and Commissioner Richert No: 1 - Commissioner Sheridan Citizen Presentation None Planning and Zoning Commission Page 2 of 7 Meeting Date: July 7, 2011 Planning & Zoning Commission Meeting Minutes July 7, 2011 CHAIRMAN HILL'S OPENING REMARKS: Good evening. Thank you for your interest in the issues scheduled to be heard before the Planning and Zoning Commission tonight. Our Regular Meetings are public sessions on the first and third Thursday evenings of the month and you are always welcome to attend. Any persons present desiring to be heard during the Public Hearing concerning the items listed on tonight's agenda should sign up on a form available by the door and present it to Ms. Huggins. Each speaker will be allocated 3 minutes for their statement on the item under consideration. Tonight's meeting will consist of a series of Public Hearings, Discussion, and P8Z Recommendations on items as listed on our procedural agenda. During the Public Hearings the Commission will hear from all persons who have signed up to speak. However, a Public Hearing is not conducted as a 'Mown meeting". There are to be no spontaneous questions or comments addressed from the audience to the Commissioners or to other speakers concerning their statements or positions on the issues. If you signed up to speak and hold similar positions to earlier speakers, please so state and assist the Chair in expediting tonight's meeting. 1 request that Commissioners take note of the names of tonight's Public Hearing speakers and any points they make which a Commissioner might desire to pursue further during the Public Meeting, as we will not interrupt or question speakers or conduct discussions during the Public Hearing. Following this introduction, the Commission will open the Public Hearings. When all speakers on the items have been heard, the Public Hearings will be closed and the Commission will be convened into Regular Session. The Commission will then discuss and take action on each of the Public Hearing items as listed on our agenda. It is a matter of routine that items heard and recommended from the Planning and Zoning Commission will appear on future agendas of the Town Council for final action. We will now proceed with the Public Hearings regarding the items as posted on tonight's agenda. PUBLIC HEARING 2011336-T Public Hearing to consider a request for a replat of Lot 1, Block A, Trophy Club Plaza. Applicant: Regency Centers, L.P. (RP -11-018) Staff withdraws this Item for consideration, but It is on this agenda because it was advertised in the newspaper as a public hearing on this date. This Item will be brought back at some time in the future and, If necessary, re -advertised at that time. Planning and Zoning Commission Page 3 of 7 Meeting Date: July 7, 2011 Planning & Zoning Commission Meeting Minutes July 7, 2011 2011.313-T Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD -13), the "Village", Crdinance No. 95-20, Exhibit "C" Development Standards to allow a Liquor Store use to the list of Permitted Uses for Tract 1. Applicant: Grace Development (PD -AMD -11-036) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. 2011.332-T Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor stare to sell alcoholic beverages for off -premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD -13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114, Applicant: Centennial Beverage Group, LLC. (SUP -11-01) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. 20113344 Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD -21), the "Plaza" Shopping Center, Ordinance No. 99-17, Exhibit "C" Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. (PD -AMD -11-037) No requests to speak. Public Hearing to be heard by the Town Council on July 18, 2011. REGULAR SESSION Planning and Zoning Commission Page 4 of 7 Meeting Date'. July 7. 2011 Planning & Zoning Commission Meeting Minutes July 7, 2011 2011316-T Consider and lake appropriate action regarding an Ordinance amending Planned Development No. 13 (PD -13), "Village", Ordinance No. 95-20, by amending Exhibit "C" Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1; providing a penally; and providing an effective date. Applicant: Grace Development (PD -AMD -11-036) PD -13 is the Village Shopping Center located at Highway 114 and Trophy Club Drive. The property management company, Grace Development, is asking for permission to add a liquor store as a permitted use in Tract 1 of this shopping center This request requires consideration by the planning and zoning commission and town council because changing a 'use "within a shopping center is considered a zoning change which requires P&Z and Council consideration. This shopping center is designed for a variety of commercial retail and commercial offices uses. Adding this business use does not change the original PO maximum floor area or number of buildings. It does not require additional parking. A liquor store in this shopping center would be required to observe TABC hours of operation for a package store establishment which is 10 a.m. to 9 p.m. Monday through Saturday. TABC regulations require a package liquor store to be closed on Sunday. As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within at least 500-R. of the shopping center were notified of this request. We actually notified within 600 to 900 feet of the shopping center. Review of the request finds that the change of use to add a liquor store in this shopping center is in keeping with the requirements asked by Council — that a liquor store use be part of a shopping center with other tenants. In addition, this shopping center has vacant space immediately available for a tenant and, in fact, a Specific Use Permit from a liquor store company is on this same agenda. There is adequate ingresslegress to the shopping center to accommodate this use. The shopping center is located along State Highway 114 and will have easy on/off access to State Highway 114 once construction is completed for the 1141170 interchange. In addition, Trophy Club residents can access the shopping center from Trophy Club Drive. Adequate parking exists for this use — it is anticipated that customers will not park for long periods of time in the shopping center, but will turnover fairly rapidly Staffrecommends approval ofan amendment to Planned Development No. 13 to allow a liquor store in Tract 1 of the Village shopping center. A motion was made by Commissioner Sheritlan, seconded by Commissioner Reed, that this Agenda Item be Recommended for Approval to the Town Council, on 711 812 01 1. The motion carried by the fallowing vote. Aye: 5 - Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert Planning and Zoning Commission Page 5 of 7 Meeting Date: July 7, 2011 Planning & Zoning Commission Meeting Minutes July 7, 2011 2011.3334 Consider and take appropriate action regarding a request for a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off -premise consumption: the store to be located in Tract 1 of Planned Development No. 13 (PD -13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP -11-01) This is a request from Centennial Beverage Group to open a liquor store in PO -13, Village Shopping Center. This request is dependent upon approval by Council of the zoning change request for PD -13. If that request is denied, this request is automatically denied as it would not meet zoning requirements. Centennial is planning to open a 6,000 sq. ft. store on the western end of the shopping center and the store will be called Majestic Fine Wines and Spirits. The store will sell liquor, beer, and wine and the applicant has indicated that they will also be putting in a humidor and a wine tasting bar. Wine tasting bars in package stores are regulated by TABC. Apermit is required and the size and quantity of the samples are strictly regulated so having a wine tasting area inside a liquor store would comply with the Town's regulations but would also be subject to TABC license regulations. The applicant has indicated that the hours of operation will be 10 a.m. tog p.m. Monday through Saturday. Closed on Sunday and State specified holidays The applicant has indicated that they plan to open in late October. They have discussed and reviewed their security plans with the Chief of Police, Chief Kniften, and those plans will be further reviewed during the tenant finish out of the store. Parking meets the Town's requirements. Proposed signage is subject to Town signage regulations The store meets the requirements of distance from churches, schools, and day cares. The closest establishment of that type is a church —the regulations require a minimum 300 -ft. distance and the church is over 2,000 ft. away. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be Referred to the Town Council, on 7/18/2011. The motion carried by the following vote. Aye: 5 - Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert Planning and Zoning Commission Page 6 of 7 Meeting Date'. July 7, 2011 Planning &Zoning Commission Meeting Minutes July 7, 2011 2011-335-T Consider and take appropriate action regarding an Ordinance amending Planned Development No. 21 (PD -21), the "Plaza" Shopping Center, Ordinance No. 99-17, by amending Exhibit "C" Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive; providing a penalty; and providing an effective date. Adjourn This request is to add a liquor store, subject to SUP approval, to the permitted uses for PD -21. There is adequate parking for a use of this type- when constructed, the shopping center was required by regulation to provide 533 parking spaces. The center was actually built with 655 spaces. A liquor state in this shopping center would be limited to hour of operation as allowed by TABC, which is 10 a. m. to 9 p.m. Monday through Saturday, closed on Sunday. If this request is approved, a liquor store proprietor is required to come before the Planning and Zoning Commission and Town Council with a Specific Use permit request. An SUP request has not been submitted at this time. A motion was made by Commissioner Sheridan, seconded by Commissioner Richert, that this Agenda Item be Recommended for Approval to the Town Council, on 7/18/2011. The motion carried by the following vote. Aye: 5 - Vice Chair Stephens, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert Meeting Adjourned at 7:41 p.m. �-z Gene Hill,Chairman 00&/ t V Carolyn Huggn Community Development Director Planning and Zoning Commission Page 7 of 7 Meeting Date', July 7, 2011