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Minutes P&Z 09/20/2007 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION SEPTEMBER 20, 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on September 20, 2007, at 7:00 pm in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Ashby Present Commissioner Reed Present Commissioner Sheridan Present Commissioner Sanchez Present Currently One Vacancy on this Board STAFF AND GUESTS PRESENT: Stephen Seidel Assistant Town Manager Carolyn Huggins Planning & Zoning Coordinator Matthew Booth Regency Centers, L.P. A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. and introduced Stephen Seidel, Assistant Town Manager, to the Commission. B.1 REVIEW AND APPROVE MINUTES OF THE AUGUST 16, 2007, PLANNING & ZONING COMMISSION MEETING. Chairman Hill called for comments, questions, or a motion for the minutes of the August 16, 2007 Planning & Zoning Commission meeting. Commissioner Ashby pointed out a correction needed on page 4 of the minutes, moving “motioned to close” to the correct place in the sentence. There were no other corrections and Commissioner Ashby made a motion to approve, seconded by Commissioner Sheridan. The motion carried 4-0-2. Planning & Zoning Commission Page 1 of 5 September 20, 2007 Minutes Ayes: Hill, Stephens, Sheridan, Ashby Nays: None Abstain: Sanchez, Reed as neither was present at the August 16, 2007 meeting. Action: 4-0-2, Approved Motion approved. C.1 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO ORDINANCE NO. 1999-17 P&Z, TROPHY CLUB PLAZA, PLANNED DEVELOPMENT NO. 21 TO: 1) ALLOW A FITNESS/WORKOUT FACILITY; AND 2) ALLOW 24-HOUR OPERATION OF USES FOR BUSINESSES IN THIS SHOPPING CENTER. APPLICANT: REGENCY CENTERS, L.P. (PD AMD-07-024) Chairman Hill opened the public hearing. The applicant, Matt Booth, Regency Centers, asked that the Planning & Zoning Commission recommend approval of a fitness/workout facility to operate within the Tom Thumb anchored shopping center located at State Highway 114 and Trophy Lake Drive. The fitness facility will be located in Suite 128 which is approximately 3,387 sq. ft. The fitness organization is a 24- hour operation. Mr. Booth stated that the future tenant, Snap Fitness, is currently operating approximately 340 operations across the United States and they currently have 100% success rate, meaning none of their locations have closed. The 24-hour access is a marketing tool. Less than 1% of the members of the club work out between the hours of 11 p.m. and 5 a.m. The franchisee opening this location feels that they will have approximately 350 members. Secured card access is available to members only. During the early morning hours there are four to six video surveillance cameras monitoring the workout facility. There were no others wishing to speak. One letter of opposition to the request for 24 hour operation was received from Louise Carter, 2 Round Rock Ct. The Chairman closed the public hearing. C.2 CONSIDERATION OF A REQUEST TO AMEND ORDINANCE NO. 1999-17 P&Z, TROPHY CLUB PLAZA, PLANNED DEVELOPMENT NO. 21 TO ALLOW A FITNESS/WORKOUT FACILITY, AND ALLOW 24-HOUR OPERATION OF USES FOR BUSINESSES IN THIS SHOPPING CENTER. APPLICANT: REGENCY CENTERS, L.P. (PD AMD-07-024) The Chairman asked Carolyn Huggins for a staff report. Ms. Huggins noted the letter of opposition from Ms. Carter and also let the Commissioners know that she received two Planning & Zoning Commission Page 2 of 5 September 20, 2007 Minutes telephone calls from residents asking for information about this request but those two callers did not have an opinion for or against the project. Ms. Huggins passed out a list of operation of hours for all tenants in the Trophy Club Plaza shopping center and stated that she spoke with each of the tenants in the shopping center and found none who were opposed to this tenant or the 24-hour use. She also asked each tenant if they were interested in changing their hours of operation to 24-hours and she found none interested in that; all were happy with their current hours of operation. Chairman Hill made the following comments: “The applicant’s requested approval of an amendment to PD-21 to allow a fitness/workout facility as a permitted use in the PD is necessary because our ordinances and use tables require that a business be specifically identified as to type and the district classifications in which it would be permitted. Consequently, any business not specifically identified as a permitted use in the use tables is prohibited. The applicant is requesting that the proposed fitness/workout center be added to PD-21 as a “permitted use” in the Plaza Shopping Center. Further, a change is requested to the PD ordinance to allow any current or future tenant to have 24 hour operation.” Chairman Hill further stated: “In my opinion, it is appropriate to amend PD-21 to allow the proposed fitness/workout center and to allow it to have 24 hour operation. However, I am reluctant to provide at this time a carte blanche approval to allow any current or future tenant to have 24 hour operation in the shopping center. The sole tenant who currently has 24-hour operation authorized (Tom Thumb grocery) has not seen sufficient demand to operate on this basis at the present time. Until and unless there is evidence of a need for hours of operation to be extended throughout the Plaza Shopping Center, I believe the Commission should limit any change in hours of operation to the current applicant’s request.” Vice Chairman Stephens agreed with Chairman Hill’s comments. He also asked if Tom Thumb was open for 24-hours for a while. Chairman Hill stated that when the PD was created the grocery store and its pharmacy was given 24-hour operation if they so desired. They opened for 24 hours initially but eventually reduced the hours to 6 a.m. to 1 a.m. Vice Chairman Stephens also pointed out that of the twenty-three (23) property owners notified of this request, only one response was received. Commissioner Reed stated that he concurred with Chairman Hill’s remarks and that he also didn’t agree with setting 24-hour operation carte blanche for anyone in the future, as those should be considered on a case-by-case basis. Commissioner Ashby also concurred. He believes that the 24-hour operation fitness center may make the same decision Tom Thumb did and reduce the hours. Vice Chairman Stephens asked if the parking lot is lighted all night or do they go off at 2 or 3 a.m.? Mr. Booth confirmed that the parking lot is lit all night with the lights programmed to shut off at sunrise. Planning & Zoning Commission Page 3 of 5 September 20, 2007 Minutes Chairman Hill asked if they plan to have employees in the facility for certain hours during the daytime when they might have more than occasional drop-ins. Mr. Booth responded that they plan to have at least one employee and possibly as many as three employees during normal operating hours. The Chairman stated that certainly there will be a need for periodic clean up and relocation of equipment back into racks. Mr. Booth stated that the owner is a hands-on operator and will be operating this location the majority of the time. Commissioner Ashby asked if there will be at least one Snap Fitness employee present 24- hours a day. Mr. Booth responded that there will not. There is 24-hour video surveillance. Mr. Ashby stated that a customer could fall over with a heart attack out of view of the video camera and no one would be able to help them. Mr. Booth stated they have quite a bit of monitoring equipment, as well as panic buttons and safety necklaces. Commissioner Ashby stated that he is concerned about life safety issues, especially in the middle of the night. Commissioner Sheridan asked where else Snap Fitness is located in the metroplex. Mr. Booth wasn’t sure but stated he would get back to the Commissioners with that information. [The next day Mr. Booth emailed the following list to Ms. Huggins: Highland Village, Red Oak, McKinney, Midlothian; with plans to open soon in the following places: Garland, Little Elm, Princeton Prosper, Richardson, Frisco and Grapevine.] Commissioner Sheridan stated that for him the health safety issue is an individual’s responsibility until it impacts the Town’s Fire and Police Departments. Commissioner Sanchez is concerned about security with only video surveillance on site. Mr. Booth stated that it was a concern for Regency Centers, the leasing agent, as well, but they know it is a proven franchise that has been successful in other states and locations. Mr. Sanchez stated that this type of operation is unusual and he would prefer to hear a very clear statement from the owner/operator that this issue will be taken care of. Commissioner Sheridan asked if the Police and Fire Departments could have card access. Mr. Booth thought that could be arranged. Several Commissioners suggested a Knox Box for this facility rather than card access. [The next day Staff confirmed with the Fire Chief that this building has a Knox Box already in place. Every building (including churches) in Trophy Club has a Knox Box.] Chairman Hill asked if the signage outlined in the handouts is in compliance with Town sign regulations. Mr. Booth stated that the signage in the handout is an example only. Ms. Huggins stated that a sign permit has been applied for and plan review is being done on that permit, but it appears that the sign is in compliance. Commissioner Ashby stated that there are awnings in some of the pictures and he wanted to be sure that awnings were not allowed in this PD. Ms. Huggins confirmed that awnings are not allowed and Mr. Booth confirmed that the picture with awnings was from a shopping center in a different Town and was included as an example only. As there were no further questions or discussion, Chairman Hill called for a motion. Planning & Zoning Commission Page 4 of 5 September 20, 2007 Minutes Commissioner Sheridan made a motion to recommend favorable approval to the Town Council for a fitness/workout facility use to be added to the permitted uses for PD-21 Trophy Club Plaza, and allow 24-hour use for this tenant, with the stipulation that a Knox Box be installed for this operation for Fire and DPS access. The motion was seconded by Commissioner Ashby. The motion was passed unanimously. Ayes: Hill, Stephens, Reed, Ashby, Sanchez, Sheridan Action: 6-0, Approved Motion carried. Commissioner Sheridan also asked that a suggestion be made to the Town Council to consider a policy for the use of Knox Boxes for all commercial facilities, and also look into safety response frequency calls in relationship to permitted commercial uses. He suggested that if there were excessive emergency calls, the Town would have the right to revoke the occupancy permit. D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 7:45 p.m. Planning & Zoning Commission Page 5 of 5 September 20, 2007 Minutes