Agenda Packet P&Z 03.07.2019Planning & Zoning Commission
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chambers7:00 PMThursday, March 7, 2019
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Board regarding an item over which
the Board has policy or oversight authority as provided by Texas law, the ethics order, or
other policy order.
EXECUTIVE SESSION
1.2019-147-T Pursuant to the following designated section of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Commission will convene into executive
session to discuss the following:
A)Section 551.071 Consultation with Attorney under Subsection (2) to consult with
the Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
1)Legal procedure for Planning & Zoning Commission
REGULAR SESSION
2.2019-128-T Discussion and recommendation regarding a tabled request to remove Sections
14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the Temporary Use regulations
within the Trophy Club Code of Ordinances to transfer approval authority of community
garage sales from the Planning & Zoning Commission and Town Council to the Special
Events Committee.
PZ Report 3.7.19.pdfAttachments:
3.2018-074-T Review and approve the minutes of the February 7, 2019 Planning & Zoning Commission
Meeting.
PZ Minutes 02.07.19 DRAFT.pdfAttachments:
4.2016-714-T Recieve Town Planner updates on previous cases heard by the Commission and active
development in town.
ADJOURN
March 7, 2019Planning & Zoning Commission Meeting Agenda
*THE COMMISSION MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS
POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS
LOCAL GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
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 March 1, 2019 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Diane Mackres
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this
Commission was removed by me from the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on the __________ day of
______________________, 2019.
________________________________, Title: ___________________________
Planning & Zoning Commission
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chambers7:00 PMThursday, March 7, 2019
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Board regarding an item over which
the Board has policy or oversight authority as provided by Texas law, the ethics order, or
other policy order.
EXECUTIVE SESSION
1.2019-147-T Pursuant to the following designated section of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Commission will convene into executive
session to discuss the following:
A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with
the Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
1) Legal procedure for Planning & Zoning Commission
REGULAR SESSION
2.2019-128-T Discussion and recommendation regarding a tabled request to remove Sections
14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the Temporary Use regulations
within the Trophy Club Code of Ordinances to transfer approval authority of community
garage sales from the Planning & Zoning Commission and Town Council to the Special
Events Committee.
PZ Report 3.7.19.pdfAttachments:
3.2018-074-T Review and approve the minutes of the February 7, 2019 Planning & Zoning Commission
Meeting.
PZ Minutes 02.07.19 DRAFT.pdfAttachments:
4.2016-714-T Recieve Town Planner updates on previous cases heard by the Commission and active
development in town.
ADJOURN
Planning and Zoning Commission Page 1 of 14 Thursday March 7, 2019
March 7, 2019Planning & Zoning Commission Meeting Agenda
*THE COMMISSION MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS
POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS
LOCAL GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
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 March 1, 2019 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Diane Mackres
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this
Commission was removed by me from the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on the __________ day of
______________________, 2019.
________________________________, Title: ___________________________
Planning and Zoning Commission Page 2 of 14 Thursday March 7, 2019
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-147-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2019 Planning & Zoning Commission
On agenda:Final action:3/7/2019
Title:Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Commission will convene into executive session to discuss the
following:
A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town
Attorney on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas
Open Meetings Act, specifically:
1)Legal procedure for Planning & Zoning Commission
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open
Meetings Act), the Commission will convene into executive session to discuss the following:
A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town Attorney on a matter in
which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically:
1) Legal procedure for Planning & Zoning Commission
Planning and Zoning Commission Page 3 of 14 Thursday March 7, 2019
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-128-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/22/2019 Planning & Zoning Commission
On agenda:Final action:3/7/2019
Title:Discussion and recommendation regarding a tabled request to remove Sections 14.02.251(a)(1),
14.02.251(a)(10), and 14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of
Ordinances to transfer approval authority of community garage sales from the Planning & Zoning
Commission and Town Council to the Special Events Committee.
Attachments:PZ Report 3.7.19.pdf
Action ByDate Action ResultVer.
Discussion and recommendation regarding a tabled request to remove Sections 14.02.251(a)(1), 14.02.251(a)(10), and
14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of Ordinances to transfer approval authority
of community garage sales from the Planning & Zoning Commission and Town Council to the Special Events Committee.
Planning and Zoning Commission Page 4 of 14 Thursday March 7, 2019
To: Planning & Zoning Commission
From: Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case O-AMD-19-001
Planning & Zoning Commission Meeting, March 7, 2019
Agenda Item:
Case O-AMD-19-001 (Community Garage Sale Process)
Discussion and recommendation regarding a tabled request to remove Sections
14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the Temporary Use regulations within
the Trophy Club Code of Ordinances to transfer approval authority of community garage sales
from the Planning & Zoning Commission and Town Council to the Special Events Committee.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Currently, Section 14.02.251 of the Town’s Code of Ordinances requires community garage
sales to obtain a temporary use permit (TUP) by special privilege from Town Council, after
recommendation by the Planning & Zoning Commission (P&Z). This allows P&Z and Council to
determine if a community garage sale organized by a civic or nonprofit group is appropriate.
Said community garage sale has been held in Town, twice annually, for about 20 years. It is a
highly anticipated event that should be processed like all of the other special events held in
Town each year. Rather than the applicant going through the long process of being heard by
P&Z and Council, community garage sales should be considered by the Special Events
Committee. This would allow staff to organize and prepare for the event efficiently and avoid
miscommunications and oversights. The Special Events Committee has representation from
every Town department so that the organization of a special event is well-thought-out in all
perspectives.
On January 8, 2019, Town Council approved an amendment to Article 1.09, Special Events, of
the Code of Ordinances to remove the requirement for P&Z’s and Council’s approval of
Planning and Zoning Commission Page 5 of 14 Thursday March 7, 2019
community garage sales. According to ordinance, they are now only considered by the Special
Events Committee and approving this proposal falls in line with the aforementioned approval
and corrects the Code so it no longer contradicts itself.
The following contains the proposed removal of Sections 14.02.251(a)(1), 14.02.251(a)(10), and
14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of Ordinances.
“(a) Permitted uses. The following uses, which are classified as temporary uses,
may be permitted for a period of time by the town council, after recommendation
by the planning and zoning commission. Said period of time shall be determined
at the time of approval but shall not exceed the time limit for selected uses as
provided herein.
(1) Community garage sales, by special privilege, see subsection (d) of
this section.
…
(10) Any other temporary use not listed herein. Said unlisted use shall
be considered by the town council upon the recommendation of the
planning and zoning commission.
…
(d) Community garage sale by special privilege. Upon approval by the town
council, after recommendation by the planning and zoning commission, a
community garage sale shall be permitted by special privilege to civic
organizations or nonprofit organizations. Such events shall not occur more than
twice annually; and each event shall be one day in duration. Approval of said
special privilege shall be a condition to prior approval of operations of the event
and the proposed locations of the garage sale sites by the town department of
public safety.
…”
This item was considered by P&Z on February 7, 2019 and was tabled so staff could further
research the appeal process. Staff has confirmed that as a managerial function, decisions made
by the Special Events Coordinator, who is the point of contact and serves as chair of the
Committee, are appealed to the Town Manager, whose decision is final. Being that specific time
limit restrictions have been codified in Section 1.09.009, the Town Council is expressly
authorized to hear appeals of that nature, such as length of event and frequency of event.
The following is the Appeals language from the Special Events section of the Town’s Code of
Ordinances, as well as the Special Events language on time limit restrictions.
Planning and Zoning Commission Page 6 of 14 Thursday March 7, 2019
ARTICLE 1.09 SPECIAL EVENTS
Sec. 1.09.008 Appeals
(a) Appeal process. As expressly allowed in this article, the applicant or permit
holder may appeal. All appeals shall be conducted in accordance with the
following procedures:
(1) If the special events coordinator denies an application or makes
a determination under this article for which appeal is authorized, the
town shall notify the applicant, or permit holder, where applicable, in
writing of the denial or appealable determination within five (5) days
of such determination. Such town notice shall state the reason(s) for
the denial of the application or the appealable determination. Any
person aggrieved shall have the right to appeal to the town manager.
(2) If the special events coordinator revokes a permit, the town shall
notify the permit holder as set forth in subsection (1) above, and if the
permit holder elects to appeal that determination he shall file written
notice of appeal to the town manager.
(3) An appeal to the town manager shall be filed in writing and shall
be filed with the town secretary within five (5) calendar days after
receipt of the town's notice of denial, revocation, or other appealable
decision. The town manager shall have five (5) business days after
receipt of the written notice of appeal to make a written
determination to uphold, modify, or overturn the decision of the
special events coordinator. Decisions of the town manager shall be
final.
(b) Appeal to town council. Where an appeal to the town council is expressly
authorized by this article, such appeal shall be made in writing within five (5)
days of written notice to the applicant of such appealable determination. The
town council shall hear the appeal at its next regularly scheduled council meeting
following the date of receipt of the written appeal and for which state law
posting and notice requirements can be met by the town. The decision of the
town council shall be final.
Sec. 1.09.009 Number of events; hours of operation; duration
A special event may be conducted only between the hours of 7:00 a.m. and 10:00
p.m. daily for a maximum of three (3) consecutive days. Only six (6) special event
permits per year may be issued to a person or for a specific location within the
town. Appeals of time limit restrictions shall be made directly to the town council
pursuant to section 1.09.008 of this article. In determining if the issuance of a
Planning and Zoning Commission Page 7 of 14 Thursday March 7, 2019
permit will exceed the maximum number of permits allowed per person or per
location, the town may include in that count permits issued for events that have
been held or sponsored by a person associated with or affiliated with or related
to a previous permit applicant.
Town Council heard this request on February 26, 2019 and opened the public hearing, but did
not take action because it’s been tabled. This request will return to Town Council for action on
March 26, 2019.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Staff Recommendation:
Staff recommends approval of the proposed amendments to the Town’s Code of Ordinances, as
submitted.
Attachments:
None.
Planning and Zoning Commission Page 8 of 14 Thursday March 7, 2019
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12018-074-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/18/2018 Planning & Zoning Commission
On agenda:Final action:
Title:Review and approve the minutes of the February 7, 2019 Planning & Zoning Commission Meeting.
Attachments:PZ Minutes 02.07.19 DRAFT.pdf
Action ByDate Action ResultVer.
Review and approve the minutes of the February 7, 2019 Planning & Zoning Commission Meeting.
Planning and Zoning Commission Page 9 of 14 Thursday March 7, 2019
Town of Trophy Club
Meeting Minutes
Planning & Zoning Commission
1 Trophy Wood Drive
Trophy Club, Texas 76262
February 7, 2019 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Beach called the February 7, 2019 Planning & Zoning Commission to order at 7:00 p.m. and
announced a quorum.
Commissioners Present:
Chairman Jeffrey Beach
Vice Chairman Michael Pipkins
Commissioner Reginald Barbarin
Commissioner Michael Biggs
Commissioner Brandon Blake
Commissioner Mike Branum
Commissioners Absent:
Commissioner Jacob Gibson(Excused)
Staff and Guests Present:
Nick Sanders Mayor
Greg Lamont Council Member
Tommy Uzee Director of Community Development
Lisa Payne Town Planner
Diane Mackres Recording Secretary
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Commission regarding an
item over which the Commission has policy or oversight authority as provided by
Texas law, the ethics order, or other policy order.
Chairman Beach asked if there were any public requests to speak.
No public requests to speak were submitted.
REGULAR SESSION
Planning and Zoning Commission Page 10 of 14 Thursday March 7, 2019
2019-085-T Case TUP-19-001 (PD-30 Retail Construction Trailer)
Discussion and recommendation regarding a request for a Temporary Use Permit
to allow a construction trailer on the PD-30 retail property, generally located on the
northeast corner of Trophy Club Drive and SH 114.
Chairman Beach asked for staff report. The staff report was presented by Town Planner, Lisa Payne
and she was available for questions.
David Lee with ICS Commercial, the builder for the five retail buildings, was available for questions.
Chairman Beach called for a motion. Vice Chairman Pipkins moved to recommend approval as
presented.
Seconded by Commissioner Biggs.
Chairman Beach asked for a vote. The motion passed unanimously.
2019-086-T Case TUP-19-002 (PD-30 Multifamily Construction Trailer)
Discussion and recommendation regarding a request for a Temporary Use Permit
to allow a construction trailer on the PD-30 multifamily property, generally located
east of Trophy Club Drive and approximately 800 feet north of SH 114.
Chairman Beach asked for staff report. The staff report was presented by Town Planner, Lisa Payne
and she was available for questions.
Chairman Beach called for a motion. Commissioner Branum moved to recommend approval as
presented.
Seconded by Vice Chairman Pipkins.
Chairman Beach asked for a vote. The motion passed unanimously.
2019-087-T Case PD-AMD-19-001 (HG Sply Co. Sign Package)
A. Conduct a Public Hearing regarding a request to amend Ordinance No.
2017-08 P&Z, Planned Development District No. 25, in order to provide a
sign package for the HG Sply Co. building, generally located on the
northwest corner of SH 114 and Trophy Wood Drive.
B. Discussion and recommendation regarding a request to amend Ordinance
No. 2017-08 P&Z, Planned Development District No. 25, in order to provide
a sign package for the HG Sply Co. building, generally located on the
northwest corner of SH 114 and Trophy Wood Drive.
PUBLIC HEARING – OPENED AT 7:09 p.m.
Chairman Beach asked for staff report. The staff report was presented by Town Planner, Lisa Payne
and she was available for questions.
David Holzschuh with Landmark Sign Company answered the Commission’s questions on sign
application.
There were no public requests to speak.
PUBLIC HEARING – CLOSED AT 7:14 p.m.
REGULAR SESSION
Planning and Zoning Commission Page 11 of 14 Thursday March 7, 2019
Chairman Beach called for a motion. Vice Chairman Pipkins moved to recommend approval without
signs Exhibit F and Exhibit G.
There was no second. The motion failed.
Chairman Beach called for a motion. Commissioner Biggs moved to recommend approval as
presented.
Seconded by Commissioner Barbarin.
Chairman Beach asked for a vote.
Aye: 5 – Beach, Biggs, Barbarin, Branum, Blake
Against: 1 – Pipkins
The motion passed.
2019-088-T Case O-AMD-19-001 (Community Garage Sale Process)
A. Conduct a Public Hearing regarding a request to remove Sections
14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the Temporary Use
regulations within the Trophy Club Code of Ordinances to transfer approval
authority of community garage sales from the Planning & Zoning
Commission and Town Council to the Special Events Committee.
B. Discussion and recommendation regarding a request to remove Sections
14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the Temporary Use
regulations within the Trophy Club Code of Ordinances to transfer approval
authority of community garage sales from the Planning & Zoning
Commission and Town Council to the Special Events Committee.
PUBLIC HEARING – OPENED AT 7:31 p.m.
Chairman Beach asked for staff report. The staff report was presented by Town Planner, Lisa Payne
and she was available for questions.
Tommy Uzee, Director of Community Development, answered the Commission’s questions about the
appeal process.
There were no public requests to speak.
PUBLIC HEARING – CLOSED AT 7:39 p.m.
REGULAR SESSION
Chairman Beach called for a motion. Commissioner Beach moved to table this item to allow staff to
further research the appeal process.
Seconded by Commissioner Blake.
Chairman Beach asked for a vote. The tabling of this item passed unanimously.
2018-74-T Review and approve the minutes of the January 3, 2019 Planning & Zoning
Commission meeting.
Chairman Beach asked for questions or corrections. There were none.
Planning and Zoning Commission Page 12 of 14 Thursday March 7, 2019
Chairman Beach asked for a motion. Commissioner Biggs moved to approve the January 3, 2019
minutes as written, which was seconded by Commissioner Branum.
Chairman Beach asked for a vote. The motion passed unanimously.
2016-714-T Receive Town Planner updates on previous cases heard by the Commission
and active development in Town.
Staff updates were given by Lisa Payne, Town Planner and Tommy Uzee, Director of Community
Development.
ADJOURN
Commissioner Blake moved to adjourn, seconded by Chairman Beach.
Chairman Beach asked for a vote. Motion was approved unanimously.
The meeting was adjourned at 7:50 p.m.
__________________________________ ________________________________
Jeffrey Beach, Chairman Diane Mackres, Recording Secretary
Planning & Zoning Commission Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
Planning and Zoning Commission Page 13 of 14 Thursday March 7, 2019
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:22016-714-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/29/2016 Planning & Zoning Commission
On agenda:Final action:
Title:Recieve Town Planner updates on previous cases heard by the Commission and active development
in town.
Attachments:
Action ByDate Action ResultVer.
Recieve Town Planner updates on previous cases heard by the Commission and active development in town.
Planning and Zoning Commission Page 14 of 14 Thursday March 7, 2019