Loading...
01.09.2021 - Complete Agenda Packet (Retreat)—I (:*:� Town of Trophy Club TOWN OF Meeting Agenda TROPHY CLUB Saturday, January 9, 2021 Town Council Special Meeting 725 Plaza Drive Trophy Club, Texas 76262 9:00 AM HOLIDAY INN - Trophy Club Room CALL TO ORDER AND ANNOUNCE A QUORUM PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take action on or discuss any presentations made to the Council. You may speak up to four (4) minutes or the time limit determined by the Presiding Officer. Each Speaker must complete the Speaker's form that includes the topic(s) to be presented. You may also submit an email to mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. PUBLIC HEARING ITEMS 1. 2020-382-T Case SUP-20-001 (Starwood Cafe Alcohol) a. Conduct a Public Hearing for a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. b. Discussion and recommendation regarding a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. Attachments: Staff Report -Starwood Cafe.pdf Exhibit A - Location Map.pdf Exhibit B - TABC Application.pdf ORD. 2021-01 P&Z Starwood Cafe Alcohol.pdf Town Council Special Meeting Page 1 of 48 January 9, 2021 Town Council Special Meeting Meeting Agenda January 9, 2021 2. 2020-385-T Case PD-AMD-20-003 (Domestic Pet Services) a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Attachments: Staff Report - Domestic Pet Services.pdf Exhibit A - Location Map.pdf Exhibit B - List of Permitted Uses.pdf Exhibit C - Definitions.pdf ORD. No. 2021-02 PZ PD30 Domestic Pet Se Staff Report - Pet Bar.pdf Exhibit A - Location MaD.Ddf Exhibit B - Building Layout.pdf Exhibit C - Business Description.pdf ORD. 2021-03 P&Z Pet Bar.pdf Staff Report - City Vet.pdf Exhibit A - Location Map.Pdf Exhibit B - Building Layout.pdf Exhibit C - Business Description.pdf ORD. 2021-04 P&Z City Vet.pdf COUNCIL RETREAT/GOAL SETTING SESSION Town Council Special Meeting Page 2 of 48 January 9, 2021 Town Council Special Meeting Meeting Agenda January 9, 2021 3. 2020-396-T Discussion of topics and priorities and ranking thereof related to Fiscal Year 2021 Budget (S. Norwood). EXECUTIVE SESSION ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Tuesday, January 5, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2905, 48 hours in advance, and reasonable accommodations will be made to assist you. Members of the Town Council may be participating remotely in compliance with the Texas Open Meetings Act, the Town Council Rules of Procedure, or under the provisions provided by the Governor of Texas in conjunction with the Declaration of Disaster enabled March 13, 2020. Town Council Special Meeting Page 3 of 48 January 9, 2021 Plaza ive Town of Trophy Club 725ub,Tex s Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2020-382-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 12/16/2020 In control: Town Council Special Meeting On agenda: 1/26/2021 Final action: Title: Case SUP-20-001 (Stanwood Cafe Alcohol) a. Conduct a Public Hearing for a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. b. Discussion and recommendation regarding a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. Attachments: Staff Report -Starwood Cafe.Ddf Exhibit A - Location Map.pdf Exhibit B - TABC Application.pdf ORD. 2021-01 P&Z Starwood Cafe Alcohol.pdf Date Ver. Action By Action Result Case SUP-20-001 (Starwood Cafe Alcohol) Conduct a Public Hearing for a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. b. Discussion and recommendation regarding a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. Town Council Special Meeting Page 4 of 48 January 9, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-20-001 Town Council Meeting, January 9, 2021 Agenda Item: Case SUP-20-001 (Starwood Cafe Alcohol) a. Conduct a Public Hearing regarding a request made by Starwood Caf6 for a Specific Use Permit for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. b. Take appropriate action regarding a request made by Starwood Caf6 for a Specific Use Permit for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: Starwood Caf6 is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town's Code of Ordinances. The property's zoning of Planned Development No. 30 (PD- 30) does not restrict the sales of alcoholic beverages beyond the regulations of Town Code and State Law. As shown in Exhibit B, Starwood Caf6 is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Wine and Beer Retailer's Permit (BG) which will allow for the sale and consumption of wine and beer on the premises. Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) Page 1 of 2 Town Council Special Meeting Page 5 of 48 January 9, 2021 describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Starwood Cafe complies with Town and State requirements, as the closest church (Fellowship United Methodist Church) is approximately 1,280 feet away, the closest public school (Lakeview Elementary School) is approximately 1.25 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,400 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 4.25 miles away. The nearby Baylor Scott & White Medical Center —Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on -site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Notice of a public hearing was distributed as required by State law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission will consider this item on January 7, 2021. Staff will provide an update after a recommendation has been made. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Ordinance No. 2021-01 P&Z • Exhibit A —Location Map • Exhibit B —TABC Application (Pages 1 & 2 Only) Page 2 of 2 Town Council Special Meeting Page 6 of 48 January 9, 2021 Exhibit A r E Town Council Special Meeting Page 7 of 48 January 9, 2021 Exhibit B ut uii,r 1 -TEXAS ALCOHOLIC ON -PREMISE BEVERAGE COMMISSION PREQUALIFI CATION PACKET ♦r•rrN,k IRJJkn,�Bkkiur+., i ,ti1'ral,•,Ynrq f'un,,,imiilR•r L-ON (1012020) Sutirnn this packet to the proper governmental entities to obtain certification for the type of llcenselpermit #or i which you are applying as required by Sections 11.37, 11.39, 11.46(b), 61.37, 61.38, 61.42 and Rule §33.13 I Contact your local TABC office to verify requirements of Sections 11.391 and 61.381 as you may be required to post a sign at your proposed location 60-days prior to the issuance of your licenselpermit. All statutory and rule references mentioned in this application refer to and can be found in the Texas Alcoholic Beverage Code or Rules located on our website. www.tabc.texas.govllawslcode and rules.asp LOCATION INFORMATION 11. Application for: Original ❑ Add Late Flours Dnly LicenselPermit Number i ❑ Reinstatement ❑ Reinstatement and Change of Trade Name License/Permit Number .......... ❑ Change of Location ❑ Change of Location and Trade Name License/Permit Number 2. Type of On -Premise License/Permit BG Wine and Beer Retailer's Permit ❑ BE Beer Retail Dealer's On -Premise License ❑ BL Retail Dealer's On -Premise Late Hours License ❑ 8P Brewpuh License ❑ V Wine & Beer Retailer's Permit for Excursion Boats ❑ MB Mixed Beverage Permit ❑ 0 Private Carrier's Perrnit—Brewpubs (BP) with a BO only j 3. Indicate Primary Business at this Location Restaurant ❑ Sporhng Arena, Civic Center, Hotel © Grocery/Market ❑ sexually Oriented f 4. Trade Name of Location (Name of restaurant, bar, store, etc.) Starwood Cafe 5. Location Address 2240 S H 114 Ste 440 city Trophy Club B. Mailing Address 2240 S H 114 Ste 440 j-7. Business Phone No. ❑ LB Mixed Beverage Late hours Permit © MI Minibar Permit ❑ CB Caterer's Permit ❑ FB Food and Beverage Certificate ❑ PE Beverage Cartage Petmit ❑ RM Mixed Beverage Restaurant Permit with FS ❑ E- Local Cartage Permit- WinelBeer retailers J13GIOnly [� Bar ❑ Miscellaneous County State Zip Code Denton TX 76262 City State Zip Code Trophy Club TX .76262 Alternate Phone No. ' E-mail Address 214-585-2673 OWNER INFORMATION 8 T of Owner . 0 Individual © Corporation ❑ City/County/University ❑ Partnership] Limited liability Company ❑ other Limited Partnership ❑ Joint Venture j ❑ Limited Liability Partnership ❑ Trust 9. Owner of Business/Applicant (Name of Corporation, LLC, etc.)-- - -- - - Starwood TC LLC PRIMARY CONTACT PERSON The primary contact person should be a person who can answer questions TABC may have about the application. The contact phone and email are mandatory and must be active and updated regularly. If additional information is needed, it will be requested from this contact person. Delays In resoondina to reauests may delay the orvicessina and aooroval of vour cermMicense. 10. Contact Person: Relation to Business: Dashrmir Rushiti I Officer Phone (mandatory): 214-585-2673 TABC DATESTAMP Town Council Special Meeting PagLPdgtf 6 of 48 Jar aril E03"02020) Exhibit B 11. Are you, the applicant, a veteran -owned business? ---- ❑ Yes FR No 12. Are you, the applicant, a Historically Underutilized Business (HUB)? ❑ Yes 0 No 13. As indicated on the chart, enter the individuals that pertain to your business type: (For additional space, use Form L-01C) Individual/Individual Owner ; Limited Liability Company/All Officers or Managers Partnership/All Partners Joint Venture/Venturers Limited Partnershi /All General Partners Trustfrrustee s Corporation/All Officers City, County, University/Official Last Name First Name MI Title Rushiti Dashmir Officer Last Name ; First Name MI ` Title Rushiti Gezim Officer Last Name First Name MI Title Rushiti Luan Officer MEASUREMENT INFORMATION Section 109.31 et seq. 14_ Will vnur himinacc ha Inrnfizd %AAthin qnn fact of n n11, nk nr n..hlin F non'+.17 M v rat-_ n _ -- - -- ..._..... ___ ._ . _. ».... NOTE: For churches or public hospitals measure from front door to front door, along the property lines of the street fronts and in a direct line across intersections. 15. Will your business be located within 300 feet of any private/public school, day care or child care facility? El Yes ®No If "YES," are the facilities located on different floors or stories of the building? ❑ Yes ® No NOTE: For private/public schools, day care centers and child care facilities, measure in a direct line from the nearest property line of the school, day care center or child care facility to the nearest property line of the place of business, and in a direct line across intersections. NOTE: For multistory building: businesses may be within 300 feet of a day care center or child care facility as long as the facilities are located on different floors of the building. NOTE: If located on or above the fifth story of a multistory building: measure in a direct line from the property line of the private/public school to property line of your place of business in a direct line across intersections vertically up the building at the property line to the base of the floor on which your business is located. 16. Will your business be located within 1,000 feet of a private school? ❑Yes ®No 17. Will your business be located within 1,000 feet of a public school? ❑Yes ® No 60-DAY SIGN 18 If required under Section 11.391 and 61.381, provide exact date the required sign was posted 'Exact Date (MM/DD/YYYY) at the location. 10/27/2020 ALL APPLICANTS 19. IF YOUR LOCATION IS NOT WITHIN THE CITY LIMITS, CHECK HERE ❑ I, the applicant, have confirmed I am not located in the city limits of any city, therefore, city certifications are not required. COMPLETE THE FOLLOWING CHECKLIST BEFORE SUBMITTING YOUR APPLICATION 'Per Sec. 102.01, a tied house is defined as any overlapping ownership between those engaged in the alcoholic beverage industry at different levels of 'the three-tier system. No person having an interest in a permit issued by TABC may secure or hold, directly or indirectly, an ownership interest in a ,business on a different level. All required forms have been completed. RM Yes r_ 1 No I have reviewed all forms to ensure they are complete. I have obtained all required local and state certifications (pages 3-5). All application packets have been notarized. Phone numbers and email address for contact person are up to date. All additional documentation as required by the application packets is attached. If required, out of state criminal history checks are attached (PHS #7). Certification of publication in local newspaper has been completed (page 5). A copy of the !cation is attached , RYes ❑No MN Yes ❑No XYes ❑No 0 Yes ❑ No MYes ❑No ❑Yes ❑NoRN/A MYes ❑No❑N/A DYes ❑No❑N/A Town Council Special Meeting Page ea2f69 of 48 J e ff)L-9)A4b/2020) TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-01 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON -PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY STARWOOD CAFE, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER ADDITION, WITHIN PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION; PROVIDING A SAVINGS AND REPEALER 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. WHEREAS, the applicant seeks to sell alcoholic beverages, including beer and wine, for on -premises consumption in conjunction with a restaurant use operated by Starwood Cafe, located on Lot 1, Block A of Trophy Club Town Center Addition; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION Town Council Special Meeting Page 10 of 48 January 9, 2021 In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. ORD 2021-01 P&Z Page 2 of 3 Town Council Special Meeting Page 11 of 48 January 9, 2021 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9t" day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED AS TO FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-01 P&Z Page 3 of 3 Town Council Special Meeting Page 12 of 48 January 9, 2021 Plaza ive Town of Trophy Club 725ub,Tex s Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2020-385-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 12/21/2020 In control: Town Council Special Meeting On agenda: 1/9/2021 Final action: Title: Case PD-AMD-20-003 (Domestic Pet Services) a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Attachments: Staff Report - Domestic Pet Services.pdf Exhibit A - Location Map.pdf Exhibit B - List of Permitted Uses.pdf Exhibit C - Definitions.pdf ORD. No. 2021-02 PZ PD30 Domestic Pet Services.pdf Staff Report - Pet Bar.pdf Exhibit A - Location Map.pdf Exhibit B - Building Layout.pdf Exhibit C - Business Description.pdf ORD. 2021-03 P&Z Pet Bar.pdf Staff Report - City Vet.pdf Exhibit A - Location Map.pdf Exhibit B - Building Layout.pdf Exhibit C - Business Description.pdf ORD. 2021-04 P&Z City Vet.pdf Date Ver. Action By Action Result Case PD-AMD-20-003 (Domestic Pet Services) Town Council Special Meeting Page 13 of 48 January 9, 2021 File #: 2020-385-T, Version a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Town Council Special Meeting Page 14 of 48 January 9, 2021 TTOWN OF c:*::!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case PD-AMD-20-003 Town Council Meeting, January 9, 2021 Agenda Item: Case PD-AMD-20-003 (PD-30 Domestic Pet Services) a. Conduct a Public Hearing regarding a request to amend PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section II.A.6. of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114. b. Take appropriate action regarding a request to amend PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section II.A.6. of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: The zoning for Trophy Club Town Center, also known as PD Planned Development No. 30 (PD- 30), was established in 2012 and amended in 2014 and 2016. Now that much of the property is developed and commercial tenants are signing leases, the developer would like to make it possible for domestic pet services like dog grooming, a veterinarian, etc. to locate in the retail center if a Specific Use Permit (SUP) is approved for each use. The proposed language to add to the list of Permitted Uses (Exhibit B) in Section II.A.6. of the PD- 30 Development Standards is "Domestic Pet Services (SUP Required)." Page 1 of 2 Town Council Special Meeting Page 15 of 48 January 9, 2021 The proposed language to add to the Definitions (Exhibit C) in Section I.D. of the Development Standards is: ""Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals." Public notice was distributed per State law. Staff has not received inquiries about the request since sending out the most recent notice, but two letters of support were received from residents after the previous request was withdrawn. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission will consider this item on January 7, 2021. Staff will provide an update after a recommendation has been made. Staff Recommendation: Staff recommends approval of the PD Amendment. Attachments: • Ordinance No. 2021-02 P&Z • Exhibit A —Location Map • Exhibit B — List of Permitted Uses • Exhibit C — Definitions Page 2 of 2 Town Council Special Meeting Page 16 of 48 January 9, 2021 Exhibit A FW 2¥� �■� ®� r . � . � .. 4L Jc /. � Town Council Special Meeting Page 17¥# January Km2 Exhibit B II. DEVELOPMENT STANDARDS A. PERMITTED USES. Within this planned development district, the only uses permitted are the following. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the Town Staff, subject to appeal directly to the Town Council: 1. RESIDENTIAL • Dwelling, Urban Residential Units [Garden Style Apartments are prohibited] • Hotels (full service) • Hotels (limited service with SUP) • Adult Active Living • Town house/Town home 2. RELIGIOUS AND PHILANTHROPIC • Eleemosynary Institutions (CUP Required) 3. EDUCATIONAL • Children's Day Care Center & Kindergarten • Junior Colleges, Colleges & Universities (limited to 20,000 sq ft or less) • Schools, Private Business & Professional • Schools, Vocational, Technical & Trade 4. COMMUNITY FACILITIES • Auditorium, Gym • Heliport/Helipad • Municipal Admin • Park, Playground, Playlots, Related Facilities • Parking Garage • Privately Owned & Operated Playground • Public Safety Facilities • Radio, Television, Microwave, Cellular towers attached to buildings (if camouflaged so that they are not visible to the public) • Social, Recreational, Assembly Buildings • Tennis, Handball, Racquet Ball Clubs • Utility Facilities, Office 5. PROFESSIONAL AND FINANCIAL INSTITUTIONS • Accounting Office • Admin, Executive, Editorial Office • Architectural, Engineering, Planning Office • Attorney's Office • Banks and Financial Institutions • Hospital Town Council Special Meeting Page 18 of 48 January 9, 2021 • Insurance Office • Extended Stay Surgery Center • Personal/Family Counselor • Physician and/or Dentist • Public Secretary • Barber, Beauty, Styling Shops • Health, Athletic Shops • Medical, Dental, Chiropractic, Optometry, etc. • Real Estate Office • Travel Bureau or Agency • Weight Reduction Studio 6. RETAIL • Antique Shop • Art Studio • Art Supply Store • Arts, Crafts, Hobby Shops • Bakery Shops • Bicycle Shop • Beer, Wine and Liquor Sales (Off -Premise Consumption Only) (SUP Required) • Coffee Shop • Confectionary Shop • Dairy Food Shop • Dance Studio • Dinner theater • Domestic Pet Services (SUP Required) • Donut Shop • Drug Store, Apothecary, Pharmacy • Dry Cleaners, Pick-up and Drop-off [Dry cleaner plants are prohibited] • Duplication and Mailing Service • Electrical Goods and Fixtures • Fabric and Knitting Shop • Florist • Grocery Store • Hardware Store (less than 50,000 square feet) • Household Appliance Store • Household Furnishings, Fixtures • Ice Cream Shop • Jewelry, Watch Store • Liquor Store (SUP Required) • Music Store • Tanning Salon • Performing Arts Center • Photograph Service & Studio Town Council Special Meeting Page 19 of 48 January 9, 2021 • Printing, Publishing, Engraving • Quick Service Restaurant (SUP Required) • Restaurant • Restaurant w/Alcoholic Beverage Sales (Appropriate TABC Required) (SUP Required) • Sporting Goods Store • Theater • Wallpaper, Paint Store • Wearing Apparel Store 7. RECREATIONAL • Community Center (Non -Profit) • Private Health Club • Swimming Pool (Private Club) • Swimming Pool, Tennis Court (Non -Profit) • Tennis Court (Private) 8. MIXED USES: Mixed uses are permitted within the Property. 9. SPECIFIC USE PERMIT REQUIRED FOR CERTAIN RETAIL USES: Any individual retail use with a ground level floor area in excess of 50,000 square feet shall require a Specific Use Permit. 10. ACCESSORY USES: Any use accessory to any permitted use is permitted within this planned development district. 11. ANY PERMITTED USE WITH A DRIVE-THRU FACILITY: Standards in this Ordinance shall apply. Town Council Special Meeting Page 20 of 48 January 9, 2021 Exhibit C L GENERAL D. DEFINITIONS. In addition to Definitions in Chapter 13, Article II of the Town of Trophy Club Zoning Ordinance, the following terms shall have the corresponding interpretations and meanings: 1. "Adult Active Living" shall mean an Urban Residential facility intended for retirees and senior citizens. 2. "Building Design" shall mean the orientation, design and development elements set forth in the Exhibits, illustrations, and images in this Ordinance. 3. "Building Line" shall mean the nearest location of a structure measured from the respective right-of- way, street easement, or property line. 4. "Building Line -of -Vision Plane" shall mean a plane by which maximum height is established taking into consideration line -of -vision from the Indian Creek Drive and Trophy Club Drive. 5. "Circulation Zone" shall mean the pedestrian maneuvering areas set forth in the Exhibits. 6. "Concept Plan" shall mean a general plan for development within the Property that identifies land uses, ingress/egress, and densities for development. 7. "Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals. 8. "Encroachment" means any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R.O.W, or above a height limit. 9. "Facade Elevations" shall mean the elevations of structures to be constructed on the Property. 10. "Floor Area Ratio" shall mean the ratio of all enclosed building areas divided by the total area of the Property. 11. "Full Service Restaurant" shall mean a restaurant that provides food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non -theatrical entertainment. 12. "Garden Apartments" shall mean stand-alone, low density, two-story Urban Residential buildings with the following characteristics: lack of functionality as a component of (in terms of layout, appearance, etc.), any larger planned grouping of buildings; low density; lack of pedestrian circulation, active street -life, or Town Council Special Meeting Page 21 of 48 January 9, 2021 a larger sense of community beyond that of the individual complex itself; no integrated mixed uses; lack of building amenities and site enhancements; and contain all surface parking. 13. "Hardscape" shall mean the impervious areas within a development that are used for streets, drives, sidewalks, walkways, retaining walls, trails, and other similar features. 14. "Hotel (full -service)" shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check -in; ii. A minimum area of 300 square feet in each guest room; iii. On -site staff required seven (7) days a week, twenty-four (24) hours per day; iv. A minimum of five thousand (5,000) square feet of meeting or conference room space (exception by SUP); v. No fewer than 150 rooms (exception by SUP); and vi. A full service restaurant (exception by SUP). 15. "Hotel (limited -service)" shall mean a building with habitable rooms or suites, which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with no fewer than 150 rooms nor less than 2,000 square feet of meeting area. Select food service shall be required for limited -service hotels. The following shall be required: i. A lobby for public reception and check -in; ii. A minimum area of 300 square feet in each guest room; and iii. On -site staff required seven (7) days a week, twenty-four (24) hours per day. 16. "Lot Coverage" shall mean the area of each proposed lot that is covered by buildings. 17. "Maximum Building Setback" shall be the maximum distance between the front building line and the property line or right-of-way line along that corresponding building line. 18. "Minimum Building Setback" shall be the minimum distance between the front building line and the property line or right-of-way line along that corresponding building line. 19. "Mews Street' shall mean a small street, or courtyard constructed in accordance with Exhibit "C" and "C1". 20. "Mixed Use Building or Structure" shall mean a building or structure in which at least one of the upper floors of the building has uses different from the ground floor. Town Council Special Meeting Page 22 of 48 January 9, 2021 21. "Mixed Use Land Use" shall mean a combination of uses integrated either vertically within structures or horizontally throughout the Property. 22. "Open Space" shall mean areas unobstructed to the sky designated for the recreational enjoyment and/or natural beauty of the area which serve as an amenity to the Property including, but not limited to park areas, creekways, trails, landscape features, hardscape areas, courtyards and drives incorporated into courtyards. Parking spaces and vehicular pathways shall not be credited towards open space requirements. 23. "Parking Zone" shall mean the areas designated for parking both on -street and off-street. 24. "Paseo" shall mean an open space primarily dedicated for pedestrian movement between blocks or buildings. 25. "Preliminary Site Plan" shall mean a preliminary detailed plan for development within the Property that identifies building location, parking, general landscaping, and other surface accommodations for the site. 26. "Property" shall mean the tract of land described in Section I.B. herein. 27. "Property Owners Association" shall mean an incorporated or unincorporated association that is designated as the representative of the owner(s) of property in PD-30 and manages and maintains the common areas and open spaces of the planned development. 28. "Public Access Area" shall mean those areas open to the public including, but not limited to patios, courts, plazas and other similar areas. 29. "Quick Service Restaurant" shall mean a restaurant that specializes in providing a full meal in a few minutes. Such meals often consist of a permutation of hamburger or chicken, french fries, and a soft drink or a milkshake. 30. "Rowhouse" shall mean an attached dwelling unit that appears to be separated from other dwelling units in a row by some architectural feature such as a vertical, unpierced wall extending from grade to roof. 31. "Secondary Street" shall mean an interior (public or private) street within the development intended to provide access to development and for circulation within the property. 32. "Service Area" shall mean an area, which is used, for employee, delivery, and utility service access between buildings, for vehicle access for loading and delivery, trash area and trash pick-up, for maintenance and service vehicle access, and for routing of base building and tenant utilities. 33. "Serviceway" shall be a private drive that provides access to service areas, loading/unloading areas, and parking. Town Council Special Meeting Page 23 of 48 January 9, 2021 34. "Sign Kiosk" shall mean a kiosk structure that complies with the provisions of this Ordinance and used only for signage purposes. 35. "Site Plan" shall mean a detailed plan for development within the Property that complies with the regulations of this Ordinance. 36. "Stacked Parking" shall mean parking in which vehicles are parked immediately in front of, behind, or adjacent to other vehicles without each vehicle being adjacent to a maneuvering aisle or drive. Stacked parking is permitted for valet parking only. 37. "Street Trees" shall mean trees required to be planted along street frontages as set forth herein. 38. "SUP" shall mean Specific Use Permit as required by the Town's ordinances; provided however that the SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. If the SUP is neither approved nor denied within the 45-day period, it shall be deemed approved. 39. "Supplemental Uses" shall mean uses coincident with primary, permitted uses including "patio" dining; beer, wine and mixed beverage consumption; beverage sales, service, and consumption; entry vestibules; entry stoops; structured canopies; patron waiting; valet stand; bicycle racks; street furnishings; feature hardscape or landscape; water features; and/or incidental retail display and sales, or other similar uses approved by Town Staff. 40. "Supplemental Use Zones" shall mean the areas designated for supplemental uses as described in this Ordinance. 41. "Town Staff' shall mean the Town Manager and/or his designee. 42. "Town house/Town home" means a single-family dwelling in a row of at least three attached units, but no more than 7, whereby each unit has its own front and rear access to the outside. No unit shall be located over another unit and each unit shall be separated from other units by one or more vertical common firewalls. 43. "Type 'A' Drive" shall mean the drives identified on the Concept Plan that are the primary pedestrian walking corridors. Buildings along Type 'A' Drives shall be held to the highest standard of pedestrian - oriented design. 44. "Type '13' Drive" shall mean the drives identified on the Concept Plan that are intended to primarily accommodate access to parking, service, and other auto -oriented functions. 45. "Urban Residential Units" shall include, in addition to the multi -family definition contained in the Town's Zoning Code, flats, flats with mezzanines, two floor units, Adult Active Living and Urban Residential Units grouped together into a single building. Town Council Special Meeting Page 24 of 48 January 9, 2021 46. "Vendor Kiosk" shall mean a small, stand- alone booth used for marketing purposes and for the sale or rental of goods or products. Town Council Special Meeting Page 25 of 48 January 9, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-02 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2016-11 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 30, TROPHY CLUB TOWN CENTER, BY ADDING "DOMESTIC PET SERVICES (SUP REQUIRED)" TO THE LIST OF PERMITTED USES AND ADDING A DEFINITION FOR THE SAME; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER 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 A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, on January 26, 2012, the Town adopted Ordinance No. 2012-04 P&Z to create PD Planned Development No. 30, known as Trophy Club Town Center; and WHEREAS, on March 3, 2014, the Town adopted Ordinance No. 2014-06 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, on March 29, 2016, the Town adopted Ordinance No. 2016-11 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, Beck Ventures, the developer of Lots 1, 2, and 5, Block A of Trophy Club Town Center, filed an application with the Town requesting an amendment to PD Planned Development District No. 30 to add "Domestic Pet Services (SUP Required)" to the list of Permitted Uses and adding a definition for the same, and such amendments are set forth herein; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2016-11 P&Z as set forth in this Ordinance; and ORD 2021-02 P&Z Page 1 of 4 Town Council Special Meeting Page 26 of 48 January 9, 2021 WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance allowing "Domestic Pet Services" by Specific Use Permit (SUP) on the property zoned as PD Planned Development No. 30 is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2016-11 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 30, is hereby amended in the following particulars and conditions, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. 2.01 Section I.D. "Definitions" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section I.D. Definitions (7) "Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals. 2.02 Section II.A.6. "Permitted Uses — Retail" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section II.A.6. Permitted Uses — Retail • Domestic Pet Services (SUP Required) ORD 2021-02 P&Z Page 2 of 4 Town Council Special Meeting Page 27 of 48 January 9, 2021 SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2021-02 P&Z Page 3 of 4 Town Council Special Meeting Page 28 of 48 January 9, 2021 SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-02 P&Z Page 4 of 4 Town Council Special Meeting Page 29 of 48 January 9, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-20-002 Town Council Meeting, January 9, 2021 Agenda Item: Case SUP-20-002 (Pet Bar) a. Conduct a Public Hearing regarding a request made by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club Drive and approximately 250 feet north of SH 114. b. Take appropriate action regarding a request made by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club Drive and approximately 250 feet north of SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: Pet Bar is requesting approval of a Specific Use Permit (SUP) for pet grooming which falls under the Domestic Pet Services definition in the PD-30 Development Standards. This category requires approval of an SUP for specific pet uses so that the Planning & Zoning Commission and Town Council may consider whether individual uses are a good fit in the proposed locations. Pet Bar would like to open their business in a 2,200 square foot suite in building A6 on Lot 1 of Trophy Club Town Center (Exhibit B). This is a recently opened retail building adjacent to The Bevan Apartment Homes (Exhibit A). Pet Bar offers full service and self-service grooming options, as well as boutique retail selections and pet taxi services (Exhibit C). Their hours of operation will be 9 AM — 6 PM Monday — Saturday and closed on Sunday. There will be no outdoor usage of common areas, sidewalks, or parking spaces. Page 1 of 2 Town Council Special Meeting Page 30 of 48 January 9, 2021 Notice of a public hearing was distributed as required by State law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission will consider this item on January 7, 2021. Staff will provide an update after a recommendation has been made. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Ordinance No. 2021-03 P&Z • Exhibit A —Location Map • Exhibit B — Building Layout • Exhibit C — Business Description Page 2 of 2 Town Council Special Meeting Page 31 of 48 January 9, 2021 Exhibit A Town Council Special Meeting Page 32 of 48 January 9, 2021 Exhibit B pet --------------------------- --LIBBY LANE---------------------- II - rF # P -4— > I IMF I mw 4r PP Xw j MULE T _T P F, H H H Lou Uj > WE 2" ap LO AgT WME AY&LABa RoWX- AMALE � W WN 2F L-m W WaF 2"r qvMT-w 0 4XLLA WL am.CH —1 I LlAth Z= TF IFT176 OL Town Council Special Meeting Page 33 of 48 January 9, 2021 Exhibit C Q petoar PetBar's unique "Unlimited Bath & Brush" subscription model offers pet owners an affordable monthly, no contract membership, and the ability to always keep their pet clean and smelling fresh. This in turn, saves time, money, and eliminates the headache of cleaning their pet at home. PetBar Services • Full Service Wash —Bath, dry and gentle brush out from our experienced staff • Professional Grooming — From simple to extravagant styles with our expert grooming staff • Self Service —For the "do-it-yourselfers," we offer atop of the line do it yourself bathing option • Retail —We sell only the best local and high quality food and treats available • Pet Taxi Service —For homebound or physically restricted, extremely busy or less active pet owners, we offer peace of mind through our pet taxi services. We will pick up their pet, bring them to one of our stores, groom and safely and promptly return their pets to them. Town Council Special Meeting Page 34 of 48 January 9, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-03 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR PET GROOMING UNDER THE DEFINITION OF DOMESTIC PET SERVICES, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30, AS REQUIRED BY ORDINANCE NO. 2021-02 P&Z; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER 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 A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section I.D. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z includes pet grooming in the definition of Domestic Pet Services; and WHEREAS, Section II.A.6. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z allows uses identified as Domestic Pet Services by Specific Use Permit only; and WHEREAS, Beck Ventures, the developer of the retail buildings on Lot 1, Block A of Trophy Club Town Center, filed an application with the Town requesting a Specific Use Permit for pet grooming which falls under the Domestic Pet Services definition in Ordinance No. 2021-02 P&Z; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance approving a Specific Use Permit for a freestanding development identification sign is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. ORD 2021-03 P&Z Page 1 of 4 Town Council Special Meeting Page 35 of 48 January 9, 2021 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares ORD 2021-03 P&Z Page 2 of 4 Town Council Special Meeting Page 36 of 48 January 9, 2021 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2021-03 P&Z Page 3 of 4 Town Council Special Meeting Page 37 of 48 January 9, 2021 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-03 P&Z Page 4 of 4 Town Council Special Meeting Page 38 of 48 January 9, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-20-003 Town Council Meeting, January 9, 2021 Agenda Item: Case SUP-20-003 (City Vet) a. Conduct a Public Hearing regarding a request made by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club Drive and approximately 165 feet north of SH 114. b. Take appropriate action regarding a request made by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club Drive and approximately 165 feet north of SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: City Vet is requesting approval of a Specific Use Permit (SUP) for veterinarian care which falls under the Domestic Pet Services definition in the PD-30 Development Standards. This category requires approval of an SUP for specific pet uses so that the Planning & Zoning Commission and Town Council may consider whether individual uses are a good fit in the proposed locations. City Vet would like to open their business in a 3,600 square foot suite in the building yet to be constructed on Lot 2 of Trophy Club Town Center (Exhibit B). This retail building will face SH 114 and be adjacent to Aloft Hotel (Exhibit A). City Vet offers complete medical services, as well as quality pet food and treats (Exhibit C). Their hours of operation will be 7 AM — 7 PM Monday — Friday, 8 AM — 6 PM on Saturday, and closed on Sunday. There will be no outdoor usage of common areas, sidewalks, or parking spaces. Page 1 of 2 Town Council Special Meeting Page 39 of 48 January 9, 2021 Notice of a public hearing was distributed as required by State law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission will consider this item on January 7, 2021. Staff will provide an update after a recommendation has been made. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Ordinance No. 2021-04 P&Z • Exhibit A —Location Map • Exhibit B — Building Layout • Exhibit C — Business Description Page 2 of 2 Town Council Special Meeting Page 40 of 48 January 9, 2021 ...... .. .. 4- Exhibit B A CityVet r r fy y ` s � r r� r �r r f 4 Town Council Special Meeting Page 42 of 48 January 9, 2021 Exhibit C CityVet In 1999 founder Chip Cannon, DVM, opened the first City Veterinary Center known as CityVet in the Oak Lawn area of Dallas, Texas. The goal was to create a great pet experience for clients by offering the best possible combination of quality care, convenience, and service with a focus to be affordable and available to the community. CityVet is entering their tot" year in business and has grown from 1 practice to 11 CityVet and 2 Ruffit locations in DFW area, and 1 CityVet in Denver, CO. CityVet Services • Medical, Dental + Surgical Services — From complete medical assessment, chemotherapy, dermatology, gastroenterology to ophthalmology treatment we are here for your pet. • Surgical Services — Our surgery protocols include best practice approaches to pre -medication and anesthesia, monitoring, and IV therapy support, with top priority put on keeping your pet safe. • Wellness + Preventative Care — Our approach to wellness and preventive care is comprehensive but customized to the needs of your pet. • Pharmacy— Our in-house pharmacy allows us to treat your pet on the spot when needed. Prescriptions are filled immediately following your appointment. • Pet Food + Supplies —We sell only the best local and high quality food and treats available Town Council Special Meeting Page 43 of 48 January 9, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-04 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR A VETERINARIAN UNDER THE DEFINITION OF DOMESTIC PET SERVICES, LOCATED ON LOT 2, BLOCK A OF TROPHY CLUB TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30, AS REQUIRED BY ORDINANCE NO. 2021-02 P&Z; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER 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 A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section I.D. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z includes veterinarian care in the definition of Domestic Pet Services; and WHEREAS, Section II.A.6. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z allows uses identified as Domestic Pet Services by Specific Use Permit only; and WHEREAS, Beck Ventures, the developer of the future retail building on Lot 2, Block A of Trophy Club Town Center, filed an application with the Town requesting a Specific Use Permit for a veterinarian which falls under the Domestic Pet Services definition in Ordinance No. 2021-02 P&Z; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance approving a Specific Use Permit for a freestanding development identification sign is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. ORD 2021-04 P&Z Page 1 of 4 Town Council Special Meeting Page 44 of 48 January 9, 2021 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares ORD 2021-04 P&Z Page 2 of 4 Town Council Special Meeting Page 45 of 48 January 9, 2021 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2021-04 P&Z Page 3 of 4 Town Council Special Meeting Page 46 of 48 January 9, 2021 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-04 P&Z Page 4 of 4 Town Council Special Meeting Page 47 of 48 January 9, 2021 Plaza ive Town of Trophy Club 725ub,Tex s Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2020-396-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/4/2021 In control: Town Council Special Meeting On agenda: 1/9/2021 Final action: Title: Discussion of topics and priorities and ranking thereof related to Fiscal Year 2021 Budget (S. Norwood). Attachments: Date Ver. Action By Action Result Discussion of topics and priorities and ranking thereof related to Fiscal Year 2021 Budget (S. Norwood). Town Council Special Meeting Page 48 of 48 January 9, 2021