Loading...
Agenda Packet P&Z 12/03/2015Trophy Club Entities TOWN OF Meeting Agenda TROPHY CLUB Thursday, December 3, 2015 Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM 1. 2015-0785-T Nomination and Election of Vice -Chairman. CITIZEN PRESENTATIONS Citizens are allowed three (3) 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. PUBLIC HEARING 2. 2015-0786-T Public hearing regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII -Administration & Enforcement, Section 8.05- Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. 3. 2015-0787-T Public hearing regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. REGULAR SESSION 4. 2015-0788-T Consider and take appropriate action regarding the P&Z Minutes dated 09-03-2015. Attachments: MeetingMinutes 090315. DRAFT. pdf 5. 2015-0789-T Consider and take appropriate action regarding the P&Z Minutes dated 09-28-2015. Attachments: MeetingMinutes 092815. DRAFT. pdf 6. 2015-0790-T Consider and take appropriate action regarding the P&Z Minutes dated 10-01-2015. Attachments: MeetingMinutes 100115.DRAFT.pdf 7. 2015-0791-T Discussion and recommendation regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII -Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. Attachments: Staff Report.pdf Planning and Zoning Commission Page 1 of 151 December 3, 2015 Planning & Zoning Commission Meeting Agenda December 3, 2015 8. 2015-0792-T Discussion and recommendation regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. Attachments: Staff Report.pdf Exhibit A. pd Exhibit B.pdf Exhibit C.Pdf Exhibit D.Pdf Exhibit E.Pdf 9. 2015-0793-T Discussion and recommendation of a request to approve an amended plat on Lot 5, Block J, Canterbury Hills, Phase 1A, Case AP -15-019. Attachments: Staff Report.pdf Exhibit A. Pd Exhibit B.Pdf Exhibit C.Pdf 10. 2015-0794-T Town Planner Updates; discussion of recently approved sign ordinance amendments. Attachments: Approved Sign Ordinance Amendments 10-13-2015.pdf 11. 2015-0795-T Discussion and presentation from staff on the authority, duties and procedures of the Planning and Zoning Commission. ADJOURN "THE BOARD 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. Planning and Zoning Commission Page 2 of 151 December 3, 2015 Planning & Zoning Commission Meeting Agenda December 3, 2015 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on November 24, 2015 by 6:00 P.M. in accordance with Chapter 551, Texas Government Code. ROBBIE KILLINGSWORTH COMMUNITY DEVELOPMENT If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-831-4600, 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 Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of 2015. , Title: Planning and Zoning Commission Page 3 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0785-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Nomination and Election of Vice -Chairman. Attachments: Date Ver. Action By Action Result Nomination and Election of Vice -Chairman. Planning and Zoning Commission Page 4 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0786-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Public hearing regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII - Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. Attachments: Date Ver. Action By Action Result Public hearing regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII -Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. Planning and Zoning Commission Page 5 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0787-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Public hearing regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. Attachments: Date Ver. Action By Action Result Public hearing regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. Planning and Zoning Commission Page 6 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0788-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Consider and take appropriate action regarding the P&Z Minutes dated 09-03-2015. Attachments: MeetingMinutes 090315.DRAFT.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the P&Z Minutes dated 09-03-2015. Planning and Zoning Commission Page 7 of 151 December 3, 2015 TOWN OF TROPHY CLUB Thursday, September 3, 2015 Trophy Club Entities Meeting Minutes Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 P.M. Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridan called the September 3, 2015, Planning and Zoning Commission meeting to order at 7:03 p.m. and announced a quorum present ( 5 members). Present: 5 - Commissioner Senelly, Commissioner Oldham, Chairman Sheridan, Vice Chairman Vowell, and Commissioner Ross Present: 1 — Commissioner Card (excused absence) STAFF PRESENT: Ron Ruthven, Town Planner Robbie Killingsworth, Recording Secretary PUBLIC HEARING — OPENED AT 7:04 P.M. CITIZEN PRESENTATIONS Citizens are allowed three (3) minutes to address the Board regarding an item over which the Commission has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. 2015-0567-T Public hearing regarding a request for a Conditional Use Permit for a wireless antenna facility located on 0.006 acres within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court; Applicant: Verizon Wireless. Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in. PUBLIC HEARING — CLOSED AT 7:05 P.M. REGULAR SESSION — OPENED AT 7:05 P.M. 2015-0568-T Consider and take appropriate action regarding the August 6, 2015 Planning and Zoning Commission minutes. Motion made by Commissioner Senelly, seconded by Vice Chairman Vowell, to approve the August 6, 2015 Planning and Zoning Commission minutes. The motion carried by the following vote: Aye: 4 Commissioner Senelly, Commissioner Oldham, Chairman Sheridan, Vice Chairman Vowell Against Commissioner Ross Planning and Zoning Commission Page 8 of 151 December 3, 2015 2015-0569-T Discussion and recommendation regarding a request for a Conditional Use Permit for a wireless antenna facility located on 0.006 acres within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court; Applicant: Verizon Wireless. Motion made by Chairman Sheridan, seconded by Commissioner Senelly, for approval of a Conditional Use Permit for a wireless antenna facility located on 0.006 acres within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court, with the following conditions: 1. Landscape requirement be waived. 2. Sheets SV -1 and C-1: • Identify the Town limits. • Service road concrete curb. • TxDOT Right of Way. • Show driveway. • Grammar and legends need to agree on both sheets. • Comply with site plan zoning code, Section 5.09. • No barbed wire allowed. • Split -face rock wall be required and that it match existing cell tower to the East of Trophy Club Drive. Said wall has to meet or exceed the height of any equipment inside to hide the equipment. • Proper grading sheet be provided for staff approval prior to town Council. The motion carried unanimously by the following vote: Aye: 5 Commissioner Senelly, Commissioner Oldham, Chairman Sheridan, Vice Chairman Vowell, and Commissioner Ross Against 2015-0570-T Town Planner updates on items previously approved by the Commission, current development activity, and comprehensive planning; discussion of same. ADJOURN: The meeting was adjourned at 8:15 P.M. Motion made by Chairman Sheridan, seconded by Commissioner Senelly, to adjourn. The motion carried unanimously. Dennis Sheridan, Chairman Planning and Zoning Commission Town of Trophy Club, Texas Robbie Killingsworth, Recording Secretary Community Development Town of Trophy Club, Texas September 3, 2015 Minutes Page 2 of 2 Planning and Zoning Commission Page 9 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0789-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Consider and take appropriate action regarding the P&Z Minutes dated 09-28-2015. Attachments: MeetingMinutes 092815.DRAFT.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the P&Z Minutes dated 09-28-2015. Planning and Zoning Commission Page 10 of 151 December 3, 2015 TOWN OF TROPHY CLUB Monday, September 28, 2015 Trophy Club Entities Meeting Minutes Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 6:00 P.M. Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridan called the September 28, 2015, Planning and Zoning Commission meeting to order at 6:18 p.m. and announced a quorum present (5 members). Present: 5 — Commissioner Senelly, Commissioner Oldham, Chairman Sheridan, Vice Chairman Vowell, and Commissioner Ross Absent: 1 — Commissioner Card STAFF PRESENT: Ron Ruthven, Town Planner Robbie Killingsworth, Recording Secretary CITIZEN PRESENTATIONS Citizens are allowed three (3) 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 Sheridan asked if there were any public requests to speak. No public requests were turned in. REGULAR SESSION 2015-0648-T Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town's Subdivision Regulations as requested by the applicant. Motion made by Commissioner Senelly, seconded by Vice Chairman Vowell, to approve the Final Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town's Subdivision Regulations as presented. The motion carried unanimously. ADJOURN: The meeting was adjourned at 6:34 P.M. Motion made by Chairman Sheridan, seconded by Vice Chairman Vowell, to adjourn. The motion carried unanimously. Dennis Sheridan, Chairman Planning and Zoning Commission Town of Trophy Club, Texas Robbie Killingsworth, Recording Secretary Community Development Town of Trophy Club, Texas Planning and Zoning Commission Page 11 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0790-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Consider and take appropriate action regarding the P&Z Minutes dated 10-01-2015. Attachments: MeetingMinutes 100115.DRAFT.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the P&Z Minutes dated 10-01-2015. Planning and Zoning Commission Page 12 of 151 December 3, 2015 TOWN OF TROPHY CLUB Thursday, October 1, 2015 Trophy Club Entities Meeting Minutes Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 P.M. Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridan called the October 1, 2015, Planning and Zoning Commission meeting to order at 7:02 p.m. and announced a quorum present (7 members). Present: 7 — Commissioner Ross, Commissioner Oldham, Commissioner Baron, Commissioner Windland, Chairman Sheridan, Commissioner Card, and Commissioner Snell STAFF PRESENT: Ron Ruthven, Town Planner Robbie Killingsworth, Recording Secretary CITIZEN PRESENTATIONS Citizens are allowed three (3) 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 Sheridan asked if there were any public requests to speak. No public requests were turned in. REGULAR SESSION 1. 2015-0666-T Consider and take appropriate action regarding the Minutes dated 08-06- 2015. Item was not necessary; not discussed. Chairman Sheridan stated that the second item on the agenda will be switched with the fourth item on the agenda. The fourth agenda item is: 4. 2015-0669-T Discussion and recommendation regarding a Meritorious Exception for a development sign proposal located at 3000 SH 114 and being located in the PD 25 zoning district. Chairman Sheridan asked for applicant comments. • Drew Martin with D. M. Squared, Development Consulting, 6404 Inca Road, Fort Worth, TX 76116 Chairman Sheridan asked for staff report. Staff recommends approval. Chairman Sheridan asked for discussion from Commissioners. Planning and Zoning Commission Page 13 of 151 December 3, 2015 Chairman Sheridan asked if there were any public requests to speak. No public requests. Motion made by Commissioner Oldham, seconded by Commissioner Card to approve a Meritorious Exception for a development sign located at 3000 SH 114 and being located in the PD 25 zoning district with the following condition: • that the sign may be a two-sided sign The motion carried unanimously. 5. 2015-0670-T Discussion and recommendation regarding a Meritorious Exception for a development sign proposal located at 3000 SH 114 and being located in the PD 25 zoning district. Item 2015-0670-T was a duplicate of 2015-0669-T. 3. 2015-0668-T Discussion and recommendation regarding a Meritorious Exception for a wall sign proposal located at 800 Trophy Club Drive and being located in the NS -Neighborhood Services zoning district. Chairman Sheridan asked for applicant comments. Russell Byrum with Russell Byrum Signs, contractor, 1006 Johnson Lane, Midlothian, TX 76065 Jon Bunn, Senior Associate pastor, The Church at Trophy Lakes, 800 Trophy Club Drive, Trophy Club, TX 76262 Chairman Sheridan asked for staff report. Staff recommends approval. Chairman Sheridan asked for discussion from Commissioners. Chairman Sheridan asked if there were any public requests to speak. No public requests. Motion made by Commissioner Oldham, seconded by Commissioner Windland, to approve a Meritorious Exception for a wall sign proposal located at 800 Trophy Club Drive and being located in the NS - Neighborhood Services zoning district. The motion carried by the following vote: Aye: 4 Commissioner Ross, Commissioner Oldham, Commissioner Baron, Commissioner Windland, Commissioner Card, and Commissioner Snell Against: 1 Chairman Sheridan 2. 2015-0667-T Discussion and recommendation regarding a request for a Site Plan for the expansion of the Wastewater Treatment Facility including consideration and action on related waivers to the Town's Landscaping, Parking Lot Paving and Fire Lane Requirements on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District. Chairman Sheridan asked for applicant comments. October 1, 2015 Minutes Page 2 of 3 Planning and Zoning Commission Page 14 of 151 December 3, 2015 • Jennifer McKnight, General Manager for the Municipal Utility District Number 1 • Kevin Glover, Senior Project Manager for the Wallace Group Chairman Sheridan asked for staff report. Staff recommends approval. Chairman Sheridan asked for discussion from Commissioners. Chairman Sheridan asked if there were any public requests to speak. No public requests. Motion made by Chairman Sheridan, seconded by Commissioner Baron, to approve a Site Plan for the expansion of the Wastewater Treatment Facility with the following conditions: • Show the location of ALL existing fences on the entire lot including the Parks barn; • Recommend approval of all waivers as requested including a FULL landscape waiver; • That the trees closest to the WWTP entry gate to the south be removed such that only the trees that could block the entrance, if the tree fell, be removed. The motion carried by the following vote: Aye: 6 Commissioner Snell, Commissioner Windland, Chairman Sheridan, Commissioner Card, Commissioner Ross, and Commissioner Baron Against: 1 Commissioner Oldham Motion made by Commissioner Oldham, seconded by Commissioner Card, to adjourn. The motion carried unanimously. ADJOURN: The meeting was adjourned at 9:00 P.M. Dennis Sheridan, Chairman Planning and Zoning Commission Town of Trophy Club, Texas Robbie Killingsworth, Recording Secretary Community Development Town of Trophy Club, Texas October 1, 2015 Minutes Page 3 of 3 Planning and Zoning Commission Page 15 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0791-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Discussion and recommendation regarding amendments to the Code of Ordinances, Chapter 13 - Zoning, Article VIII -Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. Attachments: Staff Report.pdf Date Ver. Action By Action Result Discussion and recommendation regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII - Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment, Case ADM -15-011. Planning and Zoning Commission Page 16 of 151 December 3, 2015 TOWN OF C TROPHY CLUB 100 Municipal Drive *Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission December 3, 2015 ADM -15-011: Zoning Ordinance Text Amendment SUBJECT: Discussion and recommendation regarding amendments to the Code of Ordinances, Chapter 13 -Zoning, Article VIII -Administration & Enforcement, Section 8.05 - Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment. EXPLANATION: Per the direction of the Town Council, this item involves granting authority to the Town Council for appointment of the Chairperson for the Zoning Board of Adjustment. Section 8.05(D) in zoning regulations currently states: Officers: The Zoning Board of Adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. The current Handbook for Elected and Appointed Officials, applicable to all Town boards and commissions and adopted by the Town Council via Resolution 2015-06, currently states: Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or Corporation at the Council's discretion, may be asked to make a recommendation for a Chair/President with the final determination left to the Council. The Chair/President should have some experience as a member of the group. The Planning and Zoning Commission's Chair will be determined entirely by the Council. Given the requirements in the handbook, the proposed amendment will serve to provide consistency between the zoning regulations and the handbook. Therefore, staff proposes the following amended language to Section 8.05(D): Officers: The chairman of the Zoning Board ofAdjustment shall be selected by the Town Council. The Zoning Board of Adjustment shall select from among its regular members, a vice-chairman to act in the absence of the chairman. Staff proposes removing the secretary position from the regulations as secretarial duties are currently performed by Town staff. Staff intends to draft new rules of procedure for Page 1 of 2 Planning and Zoning Commission Page 17 of 151 December 3, 2015 the Zoning Board of Adjustment that will reflect the proposed changes above including other procedural changes to be reviewed by the Board at a future meeting with final approval by the Town Council. RECOMMENDATION: Staff recommends approval of the amendments as presented. This item requires final approval by the Town Council. Page 2 of 2 Planning and Zoning Commission Page 18 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0792-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Discussion and recommendation regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. Attachments: Staff Rei)ort.i)df Exhibit A.0 Exhibit B.0 Exhibit C.pdf Exhibit D.pdf Exhibit E. Date Ver. Action By Action Result Discussion and recommendation regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034. Planning and Zoning Commission Page 19 of 151 December 3, 2015 TOWN OF C TROPHY CLUB 100 Municipal Drive *Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission December 3, 2015 SP -15-034: Site Plan Approval for Bread Winners Cafe 3000 State Highway 114 SUBJECT: Discussion and recommendation regarding approval of an amendment to Planned Development District No. 25 in order to approve the final site plan for Bread Winners Cafe, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, Case SP -15-034 REQUEST: DM2, LLC, on behalf of Old Town Development, LLC, is requesting approval of the site plan package for a new restaurant to be called "Bread Winners Cafe" at the southeast corner Trophy Wood Drive and SH 114. CURRENT CONDITIONS AND ZONING: The subject property contains 2.05 acres and is platted. The property is zoned PD 25. A restaurant is allowed as a principal use in this zoning district. Section B(12) of PD 25 Ordinance 2002-41 (attached) requires that any new construction meet the following requirements: "Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations c. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations f Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule" Page 1 of 3 Planning and Zoning Commission Page 20 of 151 December 3, 2015 These items are attached with the exception of the development schedule. The sign plan is shown on the building elevations. DEVELOPMENT DETAILS: The proposed restaurant will be 7,716 square feet in size and contain 83 parking spaces. The building will be two stories in height with the exterior wall composed of brick and concrete masonry unit. The roof will be composed of metal. The dumpster enclosure will be composed of a brick veneer on concrete masonry unit. Lighting on site will be installed to a maximum height of 20 feet. The sidewalk along SH 114 will be extended along the frontage of the subject property from the developed office building (Dr. Crumpton) to the east. WAIVER REQUESTS: The applicant is requesting a waiver to the landscape requirements in the Code of Ordinances and the PD 25 ordinance and is also requesting a sign waiver to allow signage as shown on the building elevations. Based on the attached letter from the landscape architect, the following specific waivers are requested to the landscaping requirements as copied from said letter: 1. Perimeter trees: i. The site perimeter contains 920' linear feet, requiring the planting of 31 trees. Due to easements along Hwy 114, including a 20' sewer line easement & variable width utility easement, and the desire to maintain strong site lines from the highway to the new restaurant it is requested that no trees be required within the easements along 114. Parking lot trees and shrubs will meet the spirit of the ordinance by screening parking from the hwy. without blocking views to the building. 2. Non -vehicular open space trees: i. Regarding the utility easements mentioned above, it is requested that these easements be taken out of the calculations for non -vehicular open space along Hwy. 114. It is also asked that no non -vehicular open space trees be planted within the easements along Hwy 114 to prevent interference with utilities and maintain site lines to the new development. 3. Tree counts: i. To alleviate the amount of trees required for the site it is requested that the total number of trees required from different sections of the ordinance be allowed to count towards each other. For example non- vehicular open space trees may count toward perimeter trees. This will allow for healthier tree spacing, stronger site lines to the building from Page 2 of 3 Planning and Zoning Commission Page 21 of 151 December 3, 2015 public right of ways; and yet still provide shade to the parking lots and sidewalks while buffering from surrounding uses. 4. Plant sizes: i. It is requested that shrubs in 5 gallon containers be allowed at the time of install instead of the 30" height requirement due to commercial availability. As well as ornamental grasses in 1 gallon containers be allowed due to their rapid growth rate over a season. Regarding signage, the applicant does not intend to install any monument signs on the property. Rather, based on the building elevations, the applicant intends to install a wall sign advertising the Quarter Bar, which is a part of the restaurant, and also plans to install a roof sign advertising Bread Winners. Roof signs are prohibited in the sign regulations. For a wall sign, the maximum copy height shall not exceed two feet (2'), six inches (6") and the maximum area must not exceed 40 square feet or the product of 2 times the lineal width of the wall, whichever greater and, additionally, shall hall not exceed 75% of the width or the height of the available wall area. Therefore, the specific sign waivers requested are to allow the wall sign to exceed the maximum area and size requirements in the Code of Ordinances and to allow the roof sign as shown on the building elevation. PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the PD amendment was published in the Fort Worth Star Telegram. Notice was also mailed to 90 property owners within 500 feet of the PD 25 boundary. To date no correspondence has been received. STAFF REVIEW AND RECOMMENDATION: With the exception of the waivers requested above, the proposed restaurant complies with the PD 25 and Code of Ordinances requirements. The site plan package must be approved as an amendment to the PD 25 ordinance. Staff recommends approval. Attachments: Exhibit "A" — Application Exhibit "B" — Site Plan and Landscape Plan Set Exhibit "C" — Waiver Letter from Landscape Architect Exhibit "D" — PD 25 Ordinance Exhibit "E" — Location and Zoning Map Page 3 of 3 Planning and Zoning Commission Page 22 of 151 December 3, 2015 Exhibit A T:7 P&Z 100 Municipal Drive Trophy Club, TX 76262 Department of Planning & Zoning TOWN OF 682.831.4681 TROPHY CLUB Case No. / — SITE PLAN APPLICATION RIf✓,__'_._ - Property Development Information —7 SEP 21 2015 Zoning: Use: Street Address of Property Jr'��/Y �J `7 BY:— � f gsiars Z ]Legal Description of Property oc r� Owner Information Representative/Agent Information (if thtre is rnr re than one owner, please attach a separate Letter with Owner's n i(Sr1T On and signa—d e) Check here if the property owner is represented by an Firm Dame: D L L authorized agent �n ^� Name: Dl- r-- /M Address: 8013 I`V Z� City: dr WV X —1D/ / Name: 0I D L� ',G// Address: Z2 '// Verwh,4 Vc- City: ro L State: %-ex ds Zip Cade: %6 j Phone No. 8/7 6o8 6'2 `f6 State: /rx,s Zip Code: v'06Z Phone No. 8/7-863 - l-/80 Fax No. 141A Fax No. b'/7 727- Email: a✓ ; E' Jm T)(. c o m Email C r e O' o�'j'exas, com Special Note INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED taF Deniersature lepre.,enWNc/AgP_ntsSignanars �i /2,A Ic�- �/ S� vis ,<< na" Please submit 8 copies of ga items. Plans should be 24" x 36"folded into 12" x 9". Site Plans shall contain all of the fallowing information: Location of all existing and planned structures on the subject property and locations of structures on adjoining property within one hundred feet (100'). Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. Design of ingress and egress. Off-street parking and loading facilities, and calculations showing how the quantities were obtained. Height of all structures and proposed uses. Street names on proposed streets. A separate sheet 24" x 36" should show: Landscape Plan in color and plant list for proposed site. A separate sheet 24" x 36" should show: Location and type of all signs, including lighting and heights. A separate sheet 24" x 36" should show: Elevation drawings citing proposed exterior finish material. Separate sheets 24" x 36" should show: Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. Engineering drawings of all improvements to be dedicated to the Town or MUD if engineering drawings have not been previously submitted for this site. Utility and drainage easements for dedicated infrastructure, if required. Site Plan Application Revised 2014 Rage 1 of 1 Planning and Zoning Commission Page 23 of 151 December 3, 2015 if W 6HlO AHdOHI - 3dVO S83NNIM OV3 S U V A I las •", I I \ I II I a i _ A a � I OI I I I I II� I I II I/ I Illi_ 3rv3�3 u77)� 4 II I ry I I I�I OD O & I I 34 ® ®OO T. A HdOYl I I I I I I I 0 TV, 0 012 [I' h. acr U � d :\ rtl a1w' ~ G �o 1 Ss d + F re NjY� W X a a s 2 v d 'ate { 113 r { OL] All a �.. Hifi _ _'•�` ._ _ j Yc'6 .i.Hcpy ~` l' _ el / F h. acr U � d :\ rtl a1w' ~ G �o 1 Ss d + F re NjY� W X a a s 2 v d 'ate h. acr U � d :\ rtl a1w' ~ W, 0 N M N U N 0 LO N N (6 [l 1 Ss d + F re NjY� W, 0 N M N U N 0 LO N N (6 [l Vif 9= AN OW-3dVO S 3NNIM �3N9 TV, vif 6l FNd '3"0S YMNM GV3 jk ' 1,1 11 Ir is Ir l:o a a s ix pix xx witt CiC C � w�a Z zrzna g a 6l FNd '3"0S YMNM GV3 J I 4 I 1 I N N (6 d U w C � w�a Z zrzna g a 0 k w¢� w $gj d GGG CL 'Xv O 3; 03 4 � Adh � - E � bbb J I 4 I 1 I N N (6 d LO U) J Q LL, Q z 0 H W J W m a'N W o F W N 7 0 OQ C'1 + W I' 8m W Z =U a O 0 00 Ir m otr 00 (N N O) (0 IL O E E O U rn O N m C (0 IL o 3� N � U W U oM � U) J Q LL, Q z 0 H W J W m a'N W o F W N 7 0 OQ C'1 + W I' 8m W Z =U a O 0 00 Ir m otr 00 (N N O) (0 IL O E E O U rn O N m C (0 IL �M 0 S 0 as 3ovwoa�o<<3�a 0 Nn ua3a oaa Z 0 U w I W U5 N O T. vif z 0 W w 0 z w I i W, LU Ir Er < co 0 U WU) Er ~w Ir Cd LLJ W U) < w 00 C) Ir 0m tr Co F-- W, 0 N M N E N U N 0 OR d i � k W ■ r R & 2 y1f LIJ = mo oQ 00 t :<> w� Dopy oun lost ENT% oho Wit oo�a H42 1w - o �3 p � � — W , " 'Jima iV za�N u9¢oa waa o Q � �3 = O out 5MH1 N _ iIM. Mo - ��88< 0 503 wiz z E � in �TFFUM � � U lit, LLM I ho- �-- I 'i -in a 03 not I z :®a= o tong [i :3a to Mlion 1 \ � o 00 z ,a a 0 0 r 0 0 w Q U_ m U Q >m J O ❑ W + Ow z W m g z a C) a O> W ¢ ofn- H w 0 (n m 0 - T Yy� i M M M a� C Co CL O E O U 0) 0 N C: m 0) C C: a j4Pacheco Exhibit C Koch November 23, 2015 PK No.: 3349-15.342 TROPHY CLUB LANDSCAPE VARIANCE REQUEST Ron Ruthven, Planner 100 Municipal Drive Trophy Club, TX 76262 Re: BREAD WINNERS Restaurant Development SH 114 at Trophy Wood Drive Trophy Club, TX LANDSCAPE VARIANCE REQUEST A landscape variance is requested for the following items pertaining to improvements for the new Bread Winners development along Hwy. 114 at Trophy Wood Drive. 1. Perimeter trees: i. The site perimeter contains 920' linear feet, requiring the planting of 31 trees. Due to easements along Hwy 114, including a 20' sewer line easement & variable width utility easement, and the desire to maintain strong site lines from the highway to the new restaurant it is requested that no trees be required within the easements along 114. Parking lot trees and shrubs will meet the spirit of the ordinance by screening parking from the hwy. without blocking views to the building. 2. Non -vehicular open space trees: i. Regarding the utility easements mentioned above, it is requested that these easements be taken out of the calculations for non -vehicular open space along Hwy. 114. It is also asked that no non -vehicular open space trees be planted within the easements along Hwy 114 to prevent interference with utilities and maintain site lines to the new development. 3. Tree counts: i. To alleviate the amount of trees required for the site it is requested that the total number of trees required from different sections of the ordinance be allowed to count towards each other. For example non -vehicular open space trees may count toward perimeter trees. This will allow for healthier tree spacing, stronger site lines to the building from public right of ways; and yet still provide shade to the parking lots and sidewalks while buffering from surrounding uses. 4. Plant sizes: i. It is requested that shrubs in 5 gallon containers be allowed at the time of install instead of the 30" height requirement due to commercial availability. As well as ornamental grasses in 1 gallon containers be allowed due to their rapid growth rate over a season. 6100 Western Place Suite 1001 Fort Worth, TX 76107-4654 81 7.412.7155 pkce.com Exhibit D TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002 - 41 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16,0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 _ ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY 1.0 ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE, CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH Planning and Zoning Commission Page 35 of 151 December 3, 2015 Exhibit D OFFENSE AND A SEPARATE OFFENSE COMMITTED EACH DAY DURING OR ON OCCURS OR CONTINUES; PROVIDING PROVIDING FOR ENGROSSMENT AND PROVING AND EFFECTIVE DATE. SHALL BE DEEMED WHICH A VIOLATION FOR PUBLICATION; ENROLLMENT; AND WHEREAS, the owner of the tracts of land, collectively described as a 16.0 acre tract of land currently zoned "CG" Commercial General, such Land being more specifically described in Exhibit "A" attached hereto and incorporated herein, (the "Land"), filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 25, Trophy Wood Center, with mixed uses including retail uses, retail and hotel uses and office uses, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 0.9 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, and Tract 8 consisting of approximately 2.2 acres of land, for retail uses; Tract 5 consisting of approximately 2.0 acres of land, Tract 7 consisting of approximately 1.8 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for retail and hotel uses; and Tract 6 consisting of approximately 1.0 acres of land for office uses. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, 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 and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Planning and Zoning Commission Page 36 of 151 December 3, 2015 Exhibit D 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. FINDINGS After due deliberations and consideration of the recommendation of the Planning and 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. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from "CG" Commercial General to PD Planned Development District No. 25, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 0.9 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, Tract 5 consisting of approximately 2.0 acres of land, Tract 6 consisting of approximately 1.0 acres of land, Tract 7 consisting of approximately 1.8 acres of land, Tract 8 consisting of approximately 2.2 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "B" and "C", which are attached hereto and incorporated herein for all purposes, and shall apply to all Tracts of PD Planned Development No. 25 unless otherwise specified in such Exhibits. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this ordinance, the Exhibits shall control. 1. Concept Plan. A Concept Plan for the Land, and all parts thereof, is attached hereto as Exhibit "B", "Concept Plan" and incorporated herein as if copied in its entirety. The Final Site Plan subsequently approved by Town Council shall be adhered to in carrying out the development of the land and compliance with each and every part of such Final Site Plan shall 3 Planning and Zoning Commission Page 37 of 151 December 3, 2015 Exhibit D constitute a condition precedent to the issuance of any building permit for the land in this PD Planned Development District. 2. Development Standards. The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a general purpose; size of tracts; uses generally; permitted uses; limitation of uses; area, building and site regulations; parking and loading regulations; landscaping requirements and tree preservation; hours of operation of uses; building material requirements; lighting; screening and fences; signs; fire lanes; final site plan requirements; outdoor storage; mechanical and electrical equipment requirements; and amendments to the site plan. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Certificate of Occupancy for all structures within PD Planned Development No. 25. 3. The following additional development standards shall be subject to subsequent Town approval and such approval by Town shall be a condition precedent to the issuance of any permits, authorization, or approval by the Town allowing construction of improvements upon the Land: a. Landscape Plan & Plant List; b. Building Elevations; c. Site Line Studies; d. Civil Site Plan; e. Photometric Plan and Light Fixtures; f. Sign Criteria; g. Retaining Wall and Fence Criteria; and h. Development Schedule. SECTION 4. APPLICABLE REGULATIONS 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, except as specifically provided herein. 8 Planning and Zoning Commission Page 38 of 151 December 3, 2015 Exhibit D SECTION 5. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. 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 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. Planning and Zoning Commission Page 39 of 151 December 3, 2015 Exhibit D SECTION 10. 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 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. 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 this 2nd day of December, 2002. of the Town of Trophy Club, Texas, Town of Trophy Club, Texas ATTES Town Secretary Town of Trophy Club, Texas'; ;v t [SEAL] "' 1 APPROVED S TO hf Te4n Attorney Town of Trophy Club, Texas 0 Planning and Zoning Commission Page 40 of 151 December 3, 2015 Exhibit D Contents Exhibit "/\............................................................................................ Legal Description Exhibit"B"................................................................................................. Concept Pk]D Exhibit "C ................................................ ............................... ... Development Standards Planning and Zoning Commission Page 41 of 151 December 3, 2015 Exhibit D Exhibit "A" Legal Description Planning and Zoning Commission Page 42 of 151 December 3, 2015 Exhibit D EXHIBIT "A" LEGAL DESCRIPTION Being a tract ofland situated in the W. K8EDL|N SURVEY, ABSTRACT NO. 1588 and the J. HENRY SURVEY, ABSTRACT NO. 528' Denton County, Texas and being a portion of 307.91 acre tract of land doaohbad in adead as recorded in Volume 676. Page 153. of the Deed Reoonjs, Denton County, Texas and being more particularly described mmfollows: COMMENCING from a point from which a brass cap monument found bears South 530 27` 47" West, adiotunce of 0.41 feet' said point being in the northeast riQht'of-wayline of STATE HIGHWAY 114. (variable width right-of-way); THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way), North 49" 55' 16" VVeot' e distance of 278.77 feet to a point in the beginning of a curve to the left, said curve having a radius of 3839.72 feet and a chord bearing North 45"4l'12"West, adistance cf1.8Gfeet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114' (variable - width right-of-way) and along said curve to the left, through a central angle of 00' 01' 40" and an arc length of 1.86 feet' to an aluminum disk found marked D.(].T.T.O., for the POINT OF BEG|NN|NG, said aluminum disk being the beginning of a curve to the left, said curve having a radius of 3838.72feet and achord bearing of North 47°50` 27" West, adistance of30G.O5feet; THENCE' along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the |oft' through o central angle of 04"34' 48" and an arc length of 306.04 feet' to a 5/8 inch iron rod found for corner, said iron rod being the beginning of a curve to the left, said curve having a radius of 2884.79 feet and achord bearing North 53"03'20" West, edistance of251.58feet; THENCE, along said curve to the left, through a central angle of 040 59' 54" and an arc length of 251.66 feet to a 8nseo Monument found for corner in said northeast right-of- way line of STATE HIGHWAY NO. 114. (variable width hQht'of'mev). said Brass Monument being the beginning of u curve to the left, said curve having e radius of 1H5Q.8Ofeet and achord bearing North 54"31'38^West, odistance nf173.5Ofeet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 050 04'26" and on an: length o/ 173.56 feet to a 50 inch iron rod with cap marked HUTT Z0LLARD' found for corner, said iron rod being the beginning of curve tothe hght, maidoun/ehavinganadiuonf58G.27feetandaohunjbeehngNorth34°38`27"Eaat,e distance ofS15.S6feet; THENCE,saidnnrdheast hg line of STATE HIGHWAY NO. 114, (variable widthright-of-way), alongsaidounx*hzthohght'throughauentra angle o[83" 22' 46^, a1478.31 feet, passing e 5/8 inch }non rod found with cap marked CARTER & BURGESS and a 487.72 feet, passing e 5/8 inch iron rod found with cap marked CARTER Q BURGESG, continuing for total arc length of 648.52 feet, to 1/2 inch iron rod set for cnrnac ' PD -25 Planning and Zoning Commission Page 4aor1s1 December a.un1n Exhibit D THENCE, North 660 26' 10" East, at 18.11 feet, passing a 5/8 inch iron rod found with cap marked CARTER & BURGESS and continuing for a total distance of 38.27 feet, to a 1/2 inch iron rod set for corner; THENCE, South 800 49' 52" East, a distance of 186.85 feet to a 1/2 inch iron rod found for corner, said iron rod being the beginning of a curve to the right, said curve having a radius of 540.0 feet and a chord bearing North 21' 51'34" East, a distance of 57.16 feet; THENCE, along said curve to the right, through a central angle of 06' 04' 02" and an arc length of 57.18 feet, to a 1/2 inch iron rod found for corner; THENCE, North 24° 53' 35" East, a distance of 49.43 feet to a 112 inch iron rod set for corner in the westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of- way), said iron rod being the beginning of a curve to the left, said curve having a radius of 1010.00 feet and a chord bearing South 460 58' 12" East, a distance of 84.18 feet; THENCE, departing said westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), along said curve to the left, through a central angle of 040 46' 37" and an arc length of 84.21 feet, to a 1/2 inch iron rod set for corner in the easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way); THENCE, departing said easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), South 240 53' 35" West, a distance of 23.22 feet, to a 1/2 inch iron rod set for corner, said iron rod being the beginning of a curve to the left, said curve having a ---- radius of 460.00 feet and a chord bearing South 210 51' 34" West, a distance of 48.69 feet; THENCE, along said curve to the right, through a central angle of 06° 04'02" and an arc length of 48.71 feet, to a 1/2 inch iron rod set for corner; THENCE, South 18° 49'33" West, a distance of 178.39 feet, to a 1/2 inch iron rod set for corner and beginning of a curve to the right, said curve having a radius of 890.00 feet and a chord bearing South 22° 41'33" West, a distance of 120.04 feet; THENCE, along said curve to the right, through a central angle of 070 44'00" and an arc length of 120.13 feet, to a 1/2 inch iron rod set for corner; THENCE, South 600 27' 51" East, a distance of 362.31 feet, to a 1/2 inch iron rod set for corner; THENCE, South 89° 35' 09" East, a distance of 485.00 feet, to a 1/2 inch iron rod set for corner in the westerly right-of-way line of T.W. KING ROAD, (variable width right-of- way); THENCE, along said westerly right-of-way line of T.W. KING ROAD, (variable width right-of-way), South 00' 17' 02" West, a distance of 305.12 feet, to a P.K. Nail found for corner; PD -25 2 Planning and Zoning Commission Page 44 of 151 December 3, 2015 Exhibit D THENCE. departing said line ofl[VV. King Rnad, (variable width right-of-way), North 88" 39' 52' VVaot, a distance of 196.53 feet . to o 1/2 inch iron rod set for corner' ' THENCE. South 03" 10Y 37" West, adistanne of76.33feet, to 6/8 inch iron rod with cap marked SEMPC{}SURVEYING, found for corner; THENCE' South 53"27'47"West, odistance of 137.48feet, hoo1/2inch iron rod set for corner; THENCE, West, adistance of458.G3feet 0nthe POINT DFBEGINNING; CONTAINING within these mnk»o and bounds, 16.515 acres or 719,402 square feet of land, more cvless. Planning and Zoning Commission Page 45 of 151 December 3, 2015 Exhibit D Concept Plan Planning and Zoning Commission Page 46 of 151 December 3, 2015 W 5 -- "?Y �zu �"� 'tzk b�s� 8� pa x i5•` .CE es� a 5 a c` b G s R 3y 8 Nu %. t s9 ES Q S. 4 Z" S fZ .� s x t'++' fit""q E$ �'� eSzT� re's t=^" "<s5^ a.,•"a _�<?- ' §fid tks ;•g s R° is "� r- 5, � lot a :Tk owl 'g�a eF[i °b': £ES= �a eG� EE.E?�* �Y^ i#�� ^f �, °S � :6 a$ n ]t t Eae S 'PR' E S-€ - 3 - 'd ee s,f, ss :^ .Y %bY° .sa $_ NaF ut .".A xE $ e"c e� d F %tz� .e§ "s_°q e� ;#Y �. s § sa I"s 1 E¢ x x � % s � EEP€ afr xt •&r$a tt jg p s3( u adEg ll t @ eC i��2 � 3. H � a •� ill t- %e 3 !t f FF W. i _ �• a -v 3p - _ 154 .11 £9 €E•g a$ Ft•r € s�# .&gid sE ss x s.. is 6 Fs s %°b led 5 � aE 5. s z.'� ui p T 3 tax _ p e st st.,° [ES` b $ 6 •q §gi p t� sbf f_ � raE �d dt�yag• $r°i%S ue d&g d� df a d : a �dg Er#., �dt »ds= da JIM ----2 mr% g? ,a 10% xd2:: FdIE§ 155 z1 h! OVON ONN V1 a-, al r- - S r„I�Ip a! Ila II �`2 � II S 3�smrn.� II r, 1/1 _ 3 , :533!9: W, 0 N M N >_ N U N 0 ii 0 E 0 C .E 0 N m .E c d _? a - S�e yp S c Y O Q OQ O }� !0 ' F3 2to �z Is ggGq��YtG$a 2� EE EECE w 1z, n 7i a .-m .111 :f=o Cp EEEE o w xa O a a a F 5 -- "?Y �zu �"� 'tzk b�s� 8� pa x i5•` .CE es� a 5 a c` b G s R 3y 8 Nu %. t s9 ES Q S. 4 Z" S fZ .� s x t'++' fit""q E$ �'� eSzT� re's t=^" "<s5^ a.,•"a _�<?- ' §fid tks ;•g s R° is "� r- 5, � lot a :Tk owl 'g�a eF[i °b': £ES= �a eG� EE.E?�* �Y^ i#�� ^f �, °S � :6 a$ n ]t t Eae S 'PR' E S-€ - 3 - 'd ee s,f, ss :^ .Y %bY° .sa $_ NaF ut .".A xE $ e"c e� d F %tz� .e§ "s_°q e� ;#Y �. s § sa I"s 1 E¢ x x � % s � EEP€ afr xt •&r$a tt jg p s3( u adEg ll t @ eC i��2 � 3. H � a •� ill t- %e 3 !t f FF W. i _ �• a -v 3p - _ 154 .11 £9 €E•g a$ Ft•r € s�# .&gid sE ss x s.. is 6 Fs s %°b led 5 � aE 5. s z.'� ui p T 3 tax _ p e st st.,° [ES` b $ 6 •q §gi p t� sbf f_ � raE �d dt�yag• $r°i%S ue d&g d� df a d : a �dg Er#., �dt »ds= da JIM ----2 mr% g? ,a 10% xd2:: FdIE§ 155 z1 h! OVON ONN V1 a-, al r- - S r„I�Ip a! Ila II �`2 � II S 3�smrn.� II r, 1/1 _ 3 , :533!9: W, 0 N M N >_ N U N 0 ii 0 E 0 C .E 0 N m .E c d Exhibit D a -I W DID] ClOWN IN] WTI 1:991 RI In ikk Exhibit "C" Development Standards Planning and Zoning Commission Page 48 of 151 December 3, 2015 Exhibit D The development of the Land described in Exhibit "A"—Legal Description (a copy of which is attached hereto and incorporated herein) consisting of mppnzxmnaiak/ 16.5 acres ofland shall beinaccordance with Exhibit "B"—Concept Plan ofthe development /8copy Ofwhich ks attached hereto and incorporated h8[eiD\`all other Exhibits attached to OF incorporated herein, the Comprehensive Zoning <]rd/O8Oc8. all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. This Planned Development isdesigned tO8ccOmmVdateG variety of retail and commercial uses. For development purposes, the Land k;divided into nine tracts (Tracts 1-9aashown unExhibit "EY),and the use and development of each of the tracts shall be in accordance with the following: Tracts 1-9 (as depicted in Exhibit "B"): The following standards shall apply to Tracts 1-9: a. Size of Tracts: Tract 1 shall contain approximately 1.1 acres ofland Tract Sh8U contain approximately 0.9 eO[eS of /god Tract 3 ShG/| contain approximately 1.55 8CF8S Of land Tract shall contain approximately 1.5 Gcn98 Of land Tract shall contain approximately 2.0 acres ofland Tract 6 shall contain approximately 1.0 acres of land Tract 7shall contain approximately 1.Bacres ofland Tract 8shall contain approximately 2.2 acres Ofland Tract 9 shall contain approximately 2.8 8C[8s of land Trophy Wood Drive shall contain approximately 1.0acres ofland b. Uses GenqEqI1L. |nthe development and use ofTract 1-8.noland shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: C. Permitted Uses: (1) Tract 1-5 and 7-9 8hGU allow all UgB8 indicated in the Use List (2) Tract 6 shall allow all uses indicated with an asterisk (*) Planning and Zoning Commission Page 4om1s1 December a.un1n Exhibit D *Accounting Office *Administrative, Executive, Editorial Office *4rchhoobund.Engineering, Planning Office Art Studio Art Supply Store Arts, Crafts, Hobby Shops *Attorney's Office Audio, Video, Stereo Sales (no arcade games or adult rentals) Bakery Shop Bank Building and Drive-Thru °Berber,Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras / Film Processing Store Car Acoeneohes- Sales Cards and Gift Sales Children's Wear Shop China and Glassware Sales Computer / Software Sales and Service Confectionary Shop Cosmetic / Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick upand Drop Off Dry Cleaning Plant Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Forma|VVear/Flenta| Ston* Furniture Sales Grocery Store Hardware Store *Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop *Insurance Office Jewelry, VVahoh Store Juice Store Kitchen Store Lamp Sales Laundry and Dry Cleaning kon'adedry cleaning facility limited toExxon DF'20OO or equivalent.) This facility shall not provide equipment orservices for another laundry ordry cleaning location Luggage and Leather Sales Mailing and Packaging/Post Office *Massage Shop °K8edioa|. Dental' Chiropractic, Optometry, etc. Men's Wear Shop Music Store Nail Salon Newmpapar/kUagmzineSalee Office Supplies Store Party Supplies Store Pawn Shop *Personal / Family Counselor Pharmacy Photographic Service Studio *Physician and/ orDentist Picture Framing Store Printing, Publishing, Engraving *Public Secretary *Real Estate Office Restaurant Restaurant, [}hva-|n Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery -School Supplies Sales Tailor Shop Telephone Store Tobacco Sales Toys Store *Travel Bureau orAgency Wallpaper, Paint Store Wearing Apparel Shop *Weight Reduction Studio Women's Ready-To-Wear/Women's Specialty Shop Planning and Zoning Commission Page 50 of 151 December 3, 2015 Exhibit D (3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Spaces: All areas (but in any event at least twenty percent [20%] of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. == (4) Depth of Front Yard`: There shall be a front yard having a depth of not less than thirty feet (30'). (5) Depth of Rear Yard*: There shall be a rear yard having a depth of not less than ten feet (10'). Tract 6 shall have a thirty-foot (30') rear yard adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of a ten foot (10') side yard shall be required. (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40') in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28') or one (1) story in height. Hotels shall not exceed sixty- five feet (65') or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. f. Parking & Loading Regulations: The minimum number of off-street parking spaces shall comply with Section 48 of the Comprehensive PD -25 3 Planning and Zoning Commission Page 51 of 151 December 3, 2015 Exhibit D Zoning [>ndiD8OC8. Off-street loading ShQU be in accordance with Section 49'"Off-St[eetLoading RequiFe[OeOts."Ofthe same. Hotel uses Sh8|| provide a nniDi[Oun0 of one /1\ parking space for each n}nnl. [)the[ uses within the hotel shall provide parking in compliance with Section 48. Handicapped parking, including van accessible spaces, shall b8provided according t0Town standards. B. Additional Development Standards: 1. g shall be provided as required by applicable ordinances, including but not |iOnhad to the Comprehensive Zoning Ordinance as amended, Section 47, Landscaping Regulations, and Article 80fthe Subdivision Regulations, except 8Sspecifically provided below: a. Hedges and/o[bermiOg shall beutilized along street when possible, to screen parking from public view. b. All landscaping 8ReasShallb8i . C. Landscaping shall be maintained by the developer/owner ofthe land. Any dead landscaping material shall be removed and replaced within forty-five (45) days. r� d. All plant materials must Le selected from the mandatory plant list which shall beiDaccordance with the Approved Tree Planting List, as outlined in Article 8 Of the Subdivision RegUi8ii0DG. The Landscape Plan & Plant List shall be submitted for Town approval in the funn of an ordinance amendment at a later date. e. A minimum landscape strip of fifteen feet (15) shall be provided 8]OOg State Highway 114and fifteen feet /151along Trophy Wood Drive and ten feet (10) along all common driveways. The initial stage of development, site landscaping ehaUbeinota|ked in the right-of-way of Trophy Wood Drive. (1) Landscaping shall consist oflive tree planting consisting cf three inch (3) caliper trees planted a 0@drnum of fifteen feet (15) on center. Trees shall include avariety providing rapid growth and dense foliage, as well aSevergreen type trees such @GLive Oaks, which bear leaves all year round. (2) Maintenance of the median landscaping at this location shall be the responsibility of the dev8!oper/Vwne[for a period Of twelve (12) 0Q[thS from the completion of the planting. The Town of Trophy Club shall es3Urne and nang after twelve Planning and Zoning Commission Page sum1s1 December a.un1n Exhibit D (12) months. The irrigation for the off-site landscaping shall, after the initial installation, be the responsibility of the Town of Trophy Club. g. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12") above the finished grade in accordance with standard nursery practice. h. Tree preservation shall be in accordance with applicable ordinances, including but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article 8 of the Subdivision Regulations. (1) Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide adequate screening year-round. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each tract at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission, following appropriate publication and notification of affected parties. 2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. 3. Building Materials: All main and accessory buildings shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics in accordance with the Town's Building Codes and Fire Codes. All buildings and structures shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim. Alternate materials may be used if approved by the Planning & Zoning Commission. Color selection for roof material shall be approved by the Town Council upon recommendation from the Planning and Zoning Commission prior to issuance of building permits. 4. Lighting_ All parking lot lighting shall be located approximately as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of PD -25 5 Planning and Zoning Commission Page 53 of 151 December 3, 2015 Exhibit D feet /251 on U[ inch %24" O0OC[ete bases. []nl8Ol8Dtal street lights at the perimeter drive 8pp[O8CheG shall have lighting fixtures mounted on twelve foot /12'\ poles or two foot (2') concrete bases and Sh8|| not exceed a DlGXi[nurn height of fourteen hsst (14'). Total height Oflighting fixtures shall b8measured from the adjacent ground. All lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. VV8|/ D1ouOh3d dOvvO directional lights will be On the rear of buildings and pehFO8tR[ light will be shielded to OliDiDliZ8 overspill. P8h[n8tg[ lighting shall be designed to reflect away from adjacent residential areae. Foot- candle limitations at residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-candles on site shall 8V8Dlge 2.5 foot- candle and not eXC88d 8.0 foot-candle. A photometric plan Sh8U be included with the Final Site Plan. 5. Fencing adjacent to residentially zoned land mheU provide brick veneer columns 0D eight -foot (8') high wood panels of sealed, cedar or redwood. 6. 'ht-fOot(81highYVOOdpaO8laofs88]ed- O. Prior to the issuance of a building permit for the Land or any port thereof, anoverall sign plan, accompanying theFina|SitePkunforthe Lend must be approved by the Town Council upon recommendation from +--' the Planning & Zoning Commission. Additionally, written signage standards shall be approved by the Town Council upon [eco0nOgOd8bon Of the Planning & ZODiOQ C0rOrOiGGioO at a |Jtg[ dFdg' in the fnnO Of an amendment tothis Ordinance. 7. Fire lanes will beshown onthe Final Site Plan. Location and dgi8|S Sh8U be provided at the time of the Final Site P|8D submittal and shall beapproved bVthe fire department. 8. The Final Site Plan shall besubmitted k]the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the f00O Of an ordinance duly adopted by the Town Council, UpOD recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment tothis Ordinance. |Dthe event cf any conflicts between this ordinance and such 8ppn]V8d Final Site Plan, the Ordinance adopting the Approved RD8| Site Plan shall control. S. No outdoor storage, except for refuse disposal, aho|l be permitted on the land. OU[0DSt8r |Oc8ti0D Sh8]{ be subject to the prior approval of the Planning & Zoning Commission. DU0DstenS are to be enclosed on all sides with rDeSODry vv8Ue and gates of m similar PD -25 0 Planning and Zoning Commission Page s4or1m December a.un1n Exhibit D architectural style of the buildings. Minimum height of the enclosures shall bedetermined bvthe height Ofthe dUrDoo1er. When possible, landscaping shall provide additional screening for the enc|OSU[8. Operating hours for trash service shall be in aCCD[d@OCe with the Town Of Trophy Club standards. 10. Mechanical and electrical equipment, including air conditioning units, shall be designed, )OStGUed. and operated to minimize OOiS8 impact on GU[nDUndiOg property. All such screening shall be screened from public view. Equipment screening Sho|/ not be considered as a part ofbuilding height. 11. ADlgOdnlentG to the Site Plan for items that are not determined to be substantial by the Planning & Zoning Administrator shall be permitted. The Planning 8Zoning Administrator shall determine items as not substantial. 12. Notwithstanding any contrary provision in the (][diDaDCe Or any exhibits ' hereto, the fine] approvals listed below must be obtained from the Town prior to the issuance of any building ponnda. Such approvals must be made by an Ordinance amending this Ordinance creating PO Planned Development No. 25: �-- a. Fhl8| Site Plan approval, including but not |iDlKgd to Landscape Plan and P/81 List b. Building Elevations C. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations f. Sign Criteria Q. Retaining Wall and Fence Criteria; and h. Development Schedule Planning and Zoning Commission Page 55 of 151 December 3, 2015 Exhibit D DEVELOPMENT STANDARDS TROPHY WOOD CENTER TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" — Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 16.5 acres of land shall be in accordance with Exhibit "B" — Concept Plan of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a variety of retail and commercial uses. For development purposes, the Land is divided into nine tracts (Tracts 1-9 as shown on Exhibit "B"), and the use and development of each of the tracts shall be in accordance with the following: Tracts 1-9 (as depicted in Exhibit to Tracts 1-9: a. Size of Tracts: The following standards shall apply Tract 1 shall contain approximately 1.1 acres of land Tract 2 shall contain approximately 0.9 acres of land Tract 3 shall contain approximately 1.55 acres of land Tract 4 shall contain approximately 1.5 acres of land Tract 5 shall contain approximately 2.0 acres of land Tract 6 shall contain approximately 1.0 acres of land Tract 7 shall contain approximately 1.8 acres of land Tract 8 shall contain approximately 2.2 acres of land Tract 9 shall contain approximately 2.8 acres of land Trophy Wood Drive shall contain approximately 1.6 acres of land b. Uses Generally: In the development and use of Tract 1-9, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: C. Permitted Uses: (1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use List (2) Tract 6 shall allow all uses indicated with an asterisk (*) PD -25 Planning and Zoning Commission Page 56 of 151 December 3, 2015 Exhibit D Use List *Accounting Office *Administrative, Executive, Editorial Office *Architectural, Engineering, Planning Office Art Studio Art Supply Store Arts, Crafts, Hobby Shops *Attorney's Office Audio, Video, Stereo Sales (no arcade games or adult rentals) Bakery Shop Bank Building and Drive-Thru *Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras / Film Processing Stare Car Accessories Sales Cards and Gift Sales Children's Wear Shop China and Glassware Sales Computer / Software Sales and Service Confectionary Shop Cosmetic / Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick up and Drop Off Dry Cleaning Plant Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Formal Wear/Rental Store Furniture Sales Grocery Store Hardware Store *Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop *Insurance Office Jewelry, Watch Store Juice Store PD -25 2 Kitchen Store Lamp Sales Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF -2000 or equivalent.) This facility shall not provide equipment or services for another laundry or dry cleaning Iocation Luggage and Leather Sales Mailing and Packaging/Post Office *Massage Shop *Medical, Dental, Chiropractic, Optometry, etc. Men's Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Parry Supplies Store Pawn Shop *Personal / Family Counselor Pharmacy Photographic Service Studio *Physician and/ or Dentist Picture Framing Store Printing, Publishing, Engraving *Public Secretary *Real Estate Office Restaurant Restaurant, Drive -In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery -School Supplies Sales Tailor Shop Telephone Store Tobacco Sales Toys Store *Travel Bureau or Agency Wallpaper, Paint Store Wearing Apparel Shop *Weight Reduction Studio Women's Ready-To-Wear/Women's Specialty Shop Planning and Zoning Commission Page 57 of 151 December 3, 2015 Exhibit D (3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious, Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Spaces: All areas (but in any event at least twenty percent [20%] of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (4) Depth of Front Yard*: There shall be a front yard having a depth of not less than thirty feet (30'). (5) Depth of Rear Yard*: There shall be a rear yard having a depth of not less than ten feet (10'). Tract 6 shall have a thirty-foot (30') rear yard adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of a ten foot (10') side yard shall be required. (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40') in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28') or one (1) story in height. Hotels shall not exceed sixty- five feet (65') or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. f. Parking & Loading Regulations: The minimum number of off-street parking spaces shall comply with Section 48 of the Comprehensive PD -25 3 Planning and Zoning Commission Page 58 of 151 December 3, 2015 Exhibit D Zoning Ordinance. Off-street loading shall be in accordance with Section 49, "Off -Street Loading Requirements," of the same. Hotel uses shall provide a minimum of one (1) parking space for each room. Other uses within the hotel shall provide parking in compliance with Section 48. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. S. Additional Development Standards: 1. Landscaping_ Landscaping shall be provided as required by applicable ordinances, including but not limited to the Comprehensive Zoning Ordinance as amended, Section 47, Landscaping Regulations, and Article 8 of the Subdivision Regulations, except as specifically provided below: a. Hedges and/or berming shall be utilized along street frontages, when possible, to screen parking from public view. b. All landscaping areas shall be irrigated. C. Landscaping shall be maintained by the developer/owner of the land. Any dead landscaping material shall be removed and replaced within forty-five (45) days. d. All plant materials must be selected from the mandatory plant list which shall be in accordance with the Approved Tree Planting List, as outlined in Article 8 of the Subdivision Regulations. The Landscape Plan & Plant List shall be submitted for Town approval in the form of an ordinance amendment at a later date. e. A minimum landscape strip of fifteen feet (15) shall be provided along State Highway 114 and fifteen feet (15') along Trophy Wood Drive and ten feet (10') along all common driveways. The initial stage of development, site landscaping shall be installed in the right-of-way of Trophy Wood Drive. (1) Landscaping shall consist of live tree planting consisting of three inch (3") caliper trees planted a maximum of fifteen feet (15') on center. Trees shall include a variety providing rapid growth and dense foliage, as well as evergreen type trees such as Live Oaks, which bear leaves all year round. (2) Maintenance of the median landscaping at this location shall be the responsibility of the developer/owner for a period of twelve (12) months from the completion of the planting. The Town of Trophy Club shall assume and care after twelve PD -25 4 Planning and Zoning Commission Page 59 of 151 December 3, 2015 Exhibit D (12) months. The irrigation for the off-site landscaping shall, after the initial installation, be the responsibility of the Town of Trophy Club. g. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12") above the finished grade in accordance with standard nursery practice. h. Tree preservation shall be in accordance with applicable ordinances, including but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article 8 of the Subdivision Regulations. (1) Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide adequate screening year-round. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each tract at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission, following appropriate publication and notification of affected parties. 2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. 3. Building Materials: All main and accessory buildings shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics in accordance with the Town's Building Codes and Fire Codes. All buildings and structures shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim. Alternate materials may be used if approved by the Planning & Zoning Commission. Color selection for roof material shall be approved by the Town Council upon recommendation from the Planning and Zoning Commission prior to issuance of building permits. 4. Lighting: All parking lot lighting shall be located approximately as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of PD -25 5 Planning and Zoning Commission Page 60 of 151 December 3, 2015 Exhibit D twenty-five feet (25') on twenty-four inch (24") concrete bases. Ornamental street lights at the perimeter drive approaches shall have lighting fixtures mounted on twelve foot (12') poles or two foot (2') concrete bases and shall not exceed a maximum height of fourteen feet (14'). Total height of lighting fixtures shall be measured from the adjacent ground. All lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. Wall mounted down directional lights will be on the rear of buildings and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be designed to reflect away from adjacent residential areas. Foot- candle limitations at residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-candles on site shall average 2.5 foot- candle and not exceed 8.0 foot-candle. A photometric plan shall be included with the Final Site Plan. 5. Screening & Fencing: Fencing adjacent to residentially zoned land shall provide brick veneer columns on eight -foot (8') high wood panels of sealed cedar or redwood. 6. Signage: Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation from the Planning & Zoning Commission. Additionally, written signage standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. 7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and details shall be provided at the time of the Final Site Plan submittal and shall be approved by the fire department. B. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster location shall be subject to the prior approval of the Planning & Zoning Commission. Dumpsters are to be enclosed on all sides with masonry walls and gates of a similar PD -25 6 Planning and Zoning Commission Page 61 of 151 December 3, 2015 Exhibit D architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. 10. Mechanical & Electrical Equipment: Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such screening shall be screened from public view. Equipment screening shall not be considered as a part of building height. 11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Planning & zoning Administrator shall be permitted. The Planning & Zoning Administrator shall determine items as not substantial. 12. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations C. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule PD -25 7 Planning and Zoning Commission Page 62 of 151 December 3, 2015 Exhibit D TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2008-40 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, BY AMENDING EXHIBIT "D" ENTITLED "SITE PLANS", TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 7 AS SET FORTH IN THIS AMENDMENT AND IN EXHIBITS 7-1 THROUGH 7-11 TO EXHIBIT "D"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO INCLUDE EXHIBITS 7-1 THROUGH 7-11 PROVIDING A FINAL DETAILED SITE PLAN, A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, A PHOTOMETRIC PLAN AND LIGHT FIXTURE ILLUSTRATIONS, SIGN CRITERIA, RETAINING WALL AND FENCE CRITERIA AND A DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; 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; WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it's then current zoning of "CG", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the developer of Tract 7 has requested an amendment to PD - 25 for the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Retaining Wall & Fence Criteria, and Ordinance 2008-40 Planning and Zoning Commission Page 63 of 151 December 3, 2015 Exhibit D a Development Schedule, for Tract 7 and such amendments are set forth herein and in Exhibits 7-1 through 7-11 to Exhibit "D" entitled "Site Plans"; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, 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 and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2002-41 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. 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 Exhibit "`D" entitled "Site Plans" of Ordinance No. 2002-41 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended to add the following regulations relating to Tract 7 of the Land to Exhibit °D" and to incorporate Exhibits 7.1 through 7-11 to Exhibit °D" so that Exhibit "D" shall include the following and shall also include Exhibits 7.1 through 7.11 , and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. Ordinance 2008-40 Planning and Zoning Commission Page 64 of 151 December 3, 2015 Exhibit D TRACT 7: A. Final Detailed Site Plan: A Final Detailed Site Plan for Tract 7 of this PD Planned Development, and all parts therefore, is attached hereto as Exhibit 7.1", Final Detailed Site Plan, and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of Tract 7 of the Land and compliance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for Tract 7 of the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list for Tract 7 of this PD Planned Development are attached hereto as Exhibit 7.2", "Landscape Plan and Plant List", and are incorporated herein as if copied in their entirety. C. Irrigation Plan: The irrigation plan for Tract 7 of this PD Planned Development are attached hereto as Exhibit 7.3", "Irrigation Plan", and are incorporated herein as if copied in their entirety. D. Building Elevations, The building elevations for Tract 7 of this PD Planned Development are attached hereto as Exhibit 7.4", "Building Elevations", and are incorporated herein as if copied in their entirety. E. Site Line Studies. The site line studies for Tract 7 of this PD Planned Development are attached hereto as Exhibit 7.5", "Site Line Studies", and are incorporated herein as if copied in their entirety. F. Photometric Plan and Light Fixtures. A photometric plan and light fixture requirements for Tract 7 of this PD Planned Development are set forth as Exhibits 7.5" and 7.7", "Photometric Plan and Light Fixtures", which is attached hereto and incorporated herein as if copied in its entirety. G. Sign Criteria. Signage requirements for Tract 7 of this PD Planned Development are set forth as Exhibits 7_$'°, "7.9", and "7.10", "Sign Criteria", which is attached and incorporated herein as if copied in its entirety. H. Detaining Wall and Fence Criteria. The retaining wall surrounding the swimming pool for Tract 7 of this PD Planned Development are included as part of the Final Site Plan in Exhibit 7.1, which is attached hereto and incorporated herein as if copied in its entirety_ Ordinance 2008-40 Planning and Zoning Commission Page 65 of 151 December 3, 2015 Exhibit D Development Schedule. The development schedule for Tract 7 of this PD Planned Development is set forth as Exhibit 7.11", "Development Schedule", which is attached hereto and incorporated herein as if copied in its entirety. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD -25 and shall not repeal any of the provisions of such Ordinances except in those instances where 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 If any section, article, paragraph, sentence, clause, phrase 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall rernain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor Ordinance 2008-40 Planning and Zoning Commission Page 66 of 151 December 3, 2015 Exhibit D more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 1 st day of December, 2008. Effective: Friday, December 5, 2008 ATTEST: Tolkn Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Ordinance 2008-40 Mayor Town of Trophy Club, Texas r-, 11 Planning and Zoning Commission Page 67 of 151 December 3, 2015 .4 0 CtlT P. N rn M Exhibit D V -f A -In At -A, I k 1,3 III ay A'A IRQF�ly %ticy D OM�r ix. I P • 15( A, Air a T042 Ch CNQ h CMM M. L Planning and Zoning Commission Page 68 of 151 December 3, 2015 Exhibit D Q1 co ._�� G lb YY,, x - Al i' �1""•.'•�. " p I•, 1. gi' g, rs•, f 'rte. IFS N Jr L' r., 1. -fS�j IU ; r Wei i�' i ti a r£a (E�1 ja. �i'F1 A:7 EEE o' il fj1 YrV • S% 'aE •er- o •li �: .E# esl E� � :� t �F' ■_e ice• e i F �. — I '-'ii � P' t . � ke, r�.a .T :, , g i a � � ■r, rr:r. _ P?����� + `� � `�'=rdE a •#� I� � I f . r b. • rf L •Stx TnN.I�N t',x11M FTIn NR, 1.1. r• t_aNWAP'E Pharr (rsd orf [,.,,yh .. f1 1!J'Yi ex{e,h +•: }gr., .4 Planning and Zoning Commission Page 69 of 151 December 3, 2015 0 Q N3 0 0 ©o M 9. N M Exhibit D I r rfllr• .,, ,r +-. 1 (I • � I r f 1 -' it S ! r •I w �� v Ti1N'.1PN•PNCIINP11fl Nli, Lil-r. IRRtGA-PON PLriF! * r,���vr ..:•,R•! Planning and Zoning Commission Page 70 of 151 December 3, 2015 lu•il[i. +� f 1{ f� 54� ! IS �A •[ �� ti, 1 (I • � I r f 1 -' it S ! r •I w �� v Ti1N'.1PN•PNCIINP11fl Nli, Lil-r. IRRtGA-PON PLriF! * r,���vr ..:•,R•! Planning and Zoning Commission Page 70 of 151 December 3, 2015 lu•il[i. +� f f� 1 (I • � I r f 1 -' it S ! r •I w �� v Ti1N'.1PN•PNCIINP11fl Nli, Lil-r. IRRtGA-PON PLriF! * r,���vr ..:•,R•! Planning and Zoning Commission Page 70 of 151 December 3, 2015 a N C3 O qO A Q N M X rt Exhibit D f _„r 11AMp,rON INN & SUITES Rlghlowlrr lohnsan F F 94 tJA7T5rdS"l'ORIF;S 5^w Tsoclatcc. S TROPHY CLUB, TX t Planning and Zoning Commission Page 71 of 151 December 3, 2015 —RESIDENCES T( THE NVV PROPERTY LRVE 'EM]1171L . N y _ IIC7 IC7 y IM�N " ;n-1 II'—, n ®� >Q AZA DRIv[ ail >C E m m1 P L 'z]ur'- Rjn10 u>zE 1 TFt HY 11O10D DRIVE PROPER'CY LINE f _„r 11AMp,rON INN & SUITES Rlghlowlrr lohnsan F F 94 tJA7T5rdS"l'ORIF;S 5^w Tsoclatcc. S TROPHY CLUB, TX t Planning and Zoning Commission Page 71 of 151 December 3, 2015 I N ON M Exhibit D p" IIAMPTON INN &- WITUS lghh-k, J.h.- Ul TROMYCITT1,17% Planning and Zoning Commission Page 72 of 151 December 3, 2015 X 5 0� p" IIAMPTON INN &- WITUS lghh-k, J.h.- Ul TROMYCITT1,17% Planning and Zoning Commission Page 72 of 151 December 3, 2015 .4 Exhibit D f [AMPTON INN & NIA JUS rn In TROMlY (TEVR' Planning and Zoning Commission Page 73 of 151 December 3, 2015 z cw ¢ x u � � H �Ir Lu ca a W N N Y _ 4p 5.1 Cf UZ i z 2 ti N �'.i 'r 1 2 1.2_7 fl w C� � ~� N r 1 x� 2w NCwC }} r Z W N w Q O n uj b g WLI .~� mm 1W.. 67 LL to 2 a vp v6 ZZZqw S12 O w qw r = C� 7¢ �O oO v��a n0 Jwui dr, S�-� p O p q"1 ..i pa Ca o� 1�Opw w z w w P U 11=°fey � ZQ w ri= y0 zx_ w a -V wy r O ME:!� a¢ O aQyC7 2o r�ZN 0� �W Q F� wry N A ci Wit QI-�w2 2U PCp�. UFUw� ',nom -,u ��S2= U }j¢ GWnO w W, �o as wao ®wF 4�0 @any{{�$ n� r} L 00 '1 C ¢C9Z4Q� wp 7DKzo a`nr 61 - LL appZ �O_ WO�1.g0�p d OL=w V1 Cp C?� m NLL �WLL (J 420 T'lazu A. Qil° ''e5� V 1"' K fdl.0.'4 ><:3 �w yw N W 0. 2 2Wµ Wp �C] ~wW W� } �O �O��tl0.V 4LLw AU W7-�O wmz =az o Ua a[zU4a4Qw� 1..1 6S41. :T'a V?m p0.ry NO �1'�nvQw QVQ LL 00 w p,- w 2 2 p zm3u,<z n "I LU QO2 Q �I u�izQ V10 U v£� VIp QIL1 h Wy G72lu ww Lp x ¢Q h�N 52 �\ -x mmrp lamwo x x 1513H llVU3AO .6',4L 1JIM11i •i9: �711 `� �S�i�� i r a '� M !� - mrm7ml z cw ¢ x u � � H �Ir Lu ca a W N N Y _ 4p 5.1 Cf UZ i z 2 ti N �'.i 'r 1 2 1.2_7 fl w C� � ~� N r 1 x� 2w NCwC }} r Z W N w Q O n uj b g WLI .~� mm 1W.. 67 LL to 2 a vp v6 ZZZqw S12 O w qw r = C� 7¢ �O oO v��a n0 Jwui dr, S�-� p O p q"1 ..i pa Ca o� 1�Opw w z w w P U 11=°fey � ZQ w ri= y0 zx_ w a -V wy r O ME:!� a¢ O aQyC7 2o r�ZN 0� �W Q F� wry N A ci Wit QI-�w2 2U PCp�. UFUw� ',nom -,u ��S2= U }j¢ GWnO w W, �o as wao ®wF 4�0 @any{{�$ n� r} L 00 '1 C ¢C9Z4Q� wp 7DKzo a`nr 61 - LL appZ �O_ WO�1.g0�p d OL=w V1 Cp C?� m NLL �WLL (J 420 T'lazu A. Qil° ''e5� V 1"' K fdl.0.'4 ><:3 �w yw N W 0. 2 2Wµ Wp �C] ~wW W� } �O �O��tl0.V 4LLw AU W7-�O wmz =az o Ua a[zU4a4Qw� 1..1 6S41. :T'a V?m p0.ry NO �1'�nvQw QVQ LL 00 w p,- w 2 2 p zm3u,<z n "I LU QO2 Q �I u�izQ V10 U v£� VIp QIL1 h Wy G72lu ww Lp x ¢Q h�N 52 �\ -x mmrp lamwo x x 1513H llVU3AO .6',4L 1JIM11i �711 3SV9 3NOIS ..0-,Y 72 x LU N CL C7 O C] N N A TV, i" O V W rn (o CL c O .N E 0 U rn O N zs (6 O) (6 CL w MCI n m z O a LU i 0 & Y 2 N Ci r Uj IX O J Y O\ w f+ W- a w O W � d' n, w r^i J �r p) r �• dW wz r 2 a Lr. w F �a F. L9 U'� w J G mx 47 O~ ' ❑ ou p33fEi M y d i �Or Z O Z }a fH �� r n�1+99 aw �O a J U ��w u ae z x ;Con m x h O Q— d Q _ 6 to QO y 2> 2 m W =a } Fz k- w v O w W h Y J r `a W 4 w O O l Q t- p w '3 O d m c7 m m .n ? V r, .r Co V X lo T, F11 MCI n m z O a LU i 0 C To-, Y.! O (n I- (1) rn (o CL c O E O U O N s= (6 rn ig CL vi w a a W Y 2 N Ci r Uj IX O J Y O\ w f+ W- a w O W '"+ IcOi W n c, ra � d' n, w r^i J p) r �• dW wz r 2 a Lr. w F �a F. L9 U'� w J G mx 47 O~ ' ❑ ou M y d i �Or Z O Z }a fH �� r n�1+99 aw �O a J U ��w u ae z x ;Con m x h O Q— d Q _ 6 to QO y 2> 2 m W =a } Fz k- w v O w W h Y J r `a W 4 w O O l Q t- p w '3 O d m c7 m m .n ? V r, .r Co V C To-, Y.! O (n I- (1) rn (o CL c O E O U O N s= (6 rn ig CL w 4 l w LU �Ye W J J W z z x za z O U LI a z z a a� 2 V R hw- LL H f u J ahaw UJ O � W Q c 0 CO c Z 0 W 0 cX z x X w N O V d C3 CV I TV, Y.! O m a� m m IL O N N E E O U rn O N (6 O) IL _g a p kill, 4 l w LU �Ye W J J W z z x za z O U LI a z z a a� 2 V R hw- LL H f u J ahaw UJ O � W Q c 0 CO c Z 0 W 0 cX z x X w N O V d C3 CV I TV, Y.! O m a� m m IL O N N E E O U rn O N (6 O) IL w N co IL 0 O I- 0) 0 N IL Exhibit D TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2D06-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT "C", "DEVELOPMENT STANDARDS", BY ADDING EXHIBIT "ID"ENTITLED "SITE PLANS", TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 5; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A FINAL DETAILED SITE PLAN; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A PHOTOMETRIC PLAN AND LIGHT FIXTURE ILLUSTRATIONS; PROVIDING SIGN CRITERIA; PROVIDING RETAINING WALL AND FENCE CRITERIA; PROVIDING A DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVEPAWLITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 552,000.00 FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; 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 subdivislorn of land and property development within the Town; WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 PBZ, amending Ordinance No. 2000-C6 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the of ficial zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T W King Road, and South of Hanna and Jamie Court, from it's then current zoning of "CG", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the developer of Tract 5 has requested an amendment to PD -25 for the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Banding Elevations, Sight Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Retaining Wall & Fence Criteria, and a Development Schedule, for Tract 5. WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with Stale taw and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2002.41 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, fequiferrents, and conditions, a public hearing was held before Town Council al which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives;. and Planning and Zoning Commission Page 78 of 151 December 3, 2015 Exhibit D WHEREAS, the Town Council has determined that there is a necessity and need for the Change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. 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. 2002-41 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are hereby ratified and affirmed. A. Final Detailed Site Plan: A Final Detailed Site Plan for the Land, and all parts therefore, is attached hereto as Exhibit "5.1", Final Detailed Site Plan, and incorporated herein as g copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of the land and compliance with each and every pan of such Final Detailed Site Plan shall constitute as a condign precedent to the issuance of any building permit for the land in the PD Planned Development District. B. landscape Plan & Plant List-. The landscape plan and plant list for Tract 5 of this PD Planned Development are attached hereto as Exhibit "5.2", "landscape Paan and Plant List, and are incorporated herein as it copied in their entirety. C. Building Elevations. The building elevations for Tract 5 of this PD Planned Development are attached hereto as Exhibit 1.3", 'Building Elevations`, and are incorporated herein as it copied in their entirety. D. - Site Line Studies. The site line studies for Traci 5 of this PD Planned Development are attached hereto as Exhibit "5.4", "Site Line Studies", and are incorporated herein as if copied in their entirely. E. Photometric Plan and Light Fixtures. A photometric plan and light fixture requirements for Tract 5 of this PD Planned Development are set forth in Exhibit "Photometric Plan and Light Fixtures", which is attached hereto and incorporated herein as if copied in its entirety. F, Sign Criteria. Signage requirements for Tract 5 of this PD Planned Development are set forth in Exhibit °5.8", "Sign Criteria", which is attached and incorporated herein as if copied in its entirety. G. Retaining Wall and Fence Criteria. The retaining wall and fence requirements for Tract 5 of this PD Planned Development are set forth in Exhibit "5.7", "Retaining Wall and Fence Criteria', which is attached hereto and Incorporated herein as it copied in its entirety. Planning and Zoning Commission Page 79 of 151 December 3, 2015 Exhibit D Development Schedule. The development schedule for Traci 5 of this PD Planned Development is set forth in Exhibit "5.8`, "Development Schedull which is attached hereto and incorporated herein as H copied in its entirely. SECTION S. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the i and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncediled, 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 Ordlnance(a) 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 If any. section, article, paragraph, sentence, clause, phrase or word In this Ordinance, or application Meteor 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION S. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caplion and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by tiling this Ordinance in the Ordinance records of the Town. SECTION 6, PENALTY It shall to unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar 1$1.00} nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall ba deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage In accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2f0 day of October, 2002, CF TApp�vfr��}�l% y Mayor Q$ Town of Trophy Club, Texas ATTEST, to .gy T Planning and Zoning Commission Page 80 of 151 December 3, 2015 Exhibit D Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Rw—o(Wid n'. Town Attorney Town of Trophy Club, Texas Planning and Zoning Commission Page 81 of 151 December 3, 2015 Exhibit D Exhibit "5.1 " Final Detailed Site Plan 40 .r. l . PunN L I v,LLur narixam�nm ' � I r.w�rav• A Planning and Zoning Commission Page 82 of 151 December 3, 2015 Exhibit D Exhibit "5.2°` Landscape Plan & plant List .4 'I'll stirs xs-r.. DF ri._ Planning and Zoning Commission Page 83 of 151 December 3, 2015 Exhibit D `moi r _�.,'.�::3,'�'•'L".'.._"' '{j lM�'` w.�...�..iY'3L'�4�,...... i'-:iT.LY ,. Hyl �w 1 _ ...- .. �•-� iClPd:" ' � I �i � � ��..4, vt ':2ii'Y'-rte• ■r 1� IW�_�f�i �� _9w n�S111LrIM.—.r,.r 000!300 0300000 C�1 rwoH wor��ii � th!'./1r1M.W�_ll��iM Mill-6Mi(((,y,. v� �7w4�X�C Planning and Zoning Commission Page 84 of 151 December 3, 2015 Exhibit D el, L 1 7 R4Ck �,.T - VRLUE PLAC£ F wm x o_ i Planning and Zoning Commission Page 85 of 151 December 3, 2015 L 1 7 R4Ck �,.T - VRLUE PLAC£ F wm x o_ i Planning and Zoning Commission Page 85 of 151 December 3, 2015 Exhibit D Planning and Zoning Commission Page 86 of 151 December 3, 2015 Exhibit D Exhibit "5.3" Building Elevations Rgnff- II;I jl4,K ��SI;��i LI 9�^L�_a_—' �ry-Yah PR:_a F1'abt�l • �fttlRlf';yyiw .e..r !� I is PROkT.CLEYAT7Ci �Ynare..fssalki+w.f�PP�tus_�cw�s '1�1�-' Planning and Zoning Commission Page 87 of 151 December 3, 2015 Exhibit D LLL!_91GllLCY.r+1a�.Yl�cn.�la7a1_®SAQlSfY._G1.IR7.-7E7Se�S f i il �l� ELI c r; *=.. ,q2, . Planning and Zoning Commission Page 88 of 151 December 3, 2015 Exhibit D Exhibit "5.4" Sight Line Studies S1W Planning and Zoning Commission Page 89 of 151 December 3, 2015 Exhibit D Exhibit "5.5" Photometric Plans & Light Fixtures 7 LiJ Planning and Zoning Commission Page 90 of 151 December 3, 2015 Exhibit D CRAW an � i rrnr � w nnno r rr ru Kw� Y,� h�e� • �aRriry Y:� s�ii �`� W�4tiMs•r•n r Planning and Zoning Commission Page 91 of 151 December 3, 2015 •,� �® nwrernwt>�w Exhibit D Exhibit "5.6"1 Sign Criteria !!FEDERAL A HEATH F iiM llWl lf.0 �"�, 4Y1�551RILIli11 TROP'M ale, MXA.S Planning and Zoning Commission Page 92 of 151 December 3, 2015 Exhibit D 11r! #100 GROUND SIGN CABINET STRUCTURE MIGl1GS ECMF :.� •7' 0' o101pAI1[W.11W oil 4W too I i X lou N4F t 4-XVIOrW�IrOfRgiIW fllNelY0NIM1'IU 4i MIlnn !w uu I ImaaunwwrrculavnualuM. R41.W14 Geo $qII =72 ! luearrenarmoAUHuxr verse aN araut utttW.4t rvsrgau Au9M C Ra57[ 1YMMCCHYrt. f. 6'lll XrRNer0.1 CN [MW1JSNkIf!4LL FEDERAL HEATH -. 0lE WAIIACI ......_ WIN RUN .._.. KTW IJIbElA1 ,�,... erNE.QKTI �... E•ikfOM � v t ... ate.. Planning and Zoning Commission Page 93 of 151 December 3, 2015 Exhibit D 80q�ALa9 f1�9V 1.20 MAP CIRCUIr DEUICATLU 51 USHER OUT IN THE SIIDDL Of THE SIGN. F INAL CM UP BY SIGN INSTALLERS IM00"oM r. sf1gLT11111 a 7q K 1- rlsRl tIINMI:aRt ifIHM n+erlc[ a wollrr lurclrrra rruLnwneunuo raarKxa f�1c rriquE .raga Ig1p( n[ pmts ul[ toga■ r14F®YB 91]ILI[I IlluY [Iplrl+wrsr t. WFU W LY 11 MRAM IT KO IARl ow FY of Lw "na Tquffl rot Dona lI,C OIi[ r61Nlq ggilyE IgSKMS W 1W •CMTUL• tW1Rc MaM TE POFM M:ft fKt MU H fDIroLE74u 6PIltL�1/MW! S, aiWrf rsu1111 rqS 1MANYtUf11W1r. 11[10►Nul HMTI IN1�I�71lM 11Y('. fAQK MYL t I ATION •Hh AIW 101E grlwut Hnn IrfL le�nelE + Iflr><ru+Ll4clmrgalHowlrMc #125 WALL SIGN CABINET STRUCTURE (FLEX FACE 2 )Goo sgfI =94.7 wH °s•.r.a. d FEDERAL NATH� ,.. GIlIWIIp 1LLTt um _ rflEdta�trols Planning and Zoning Commission Page 94 of 151 December 3, 2015 Exhibit D N Iv1L Iv1 � cum= i%lrmj rr Mw9w x1lowsW 9wNwA1 W RMI-MIo wwrw�}wr N rare err wrrfn4Y s 1 IIY WYYr YYerlrrwrrrl� Ylww W rre�r 1� �MrMMMa`rl! ..�........ wSpRwrYF 4 MawwAlM wpYM ti11YNilUvmw 11R[IlMlrlaikMK/ilasa(Lw, AIIIR wpOrK � wlr MAY wilwtM,,rsrq riwKrru[. '� 1. 11�[IaXMfabw! Irllrl9 Y:Gk I nn lw rl9 rnY11aNWrlow9r gwln pIK9 wL[YYrt [wlrl YtlM 9 a' mr ■rtY Nt1911AYl,n Mor FYIN6191WtNpY 9 N+1D l CILIIM wfllslw WrY l R naYl[a uRn Y 1u4. k wK lwMa9FRCIrIYI ILSLL% W1wfl.Vlf9 "-war" ilwu TKwrwl['91,M1! 1 1a1r I AKN Yi falIR911f1914H n •'i w1N �' L 1KN waa wa9IKI f1Y1wi4 4, rt14 [ 1"I�YaIrFIY ■r1,IrY/Mlnni Yllu v �IIULiLIil4skr l.uluwunwsaa �* �WIRY�FFr 4 i M1YCYG1 lilplLstY ca9 ew91fIL iRrLLI w u,wu - nfa,wa w„w a19ip ru,wn c ,911Wt alrwrInKA w 1-u[r alnaapll[YYn.rLLYIL Ir IYldMi iN Maw KKA3rIlr ww l :W1 M K17Ia1L14wlld YIIF11 f W MfAIM nKw KVYwL p9 Kal I. rmMMhn LIlw9Nfn Y,Ik lYn, ulMlwYrrY1 #200 WALL SIGN CABINET STRUCTURE Geo sgll =136.64 {WB'.a'.7'a• FEDERAL HEATH Planning and Zoning Commission Page 95 of 151 December 3, 2015 Exhibit D Exhibit "5.7" Retaining Wall & Fence Criteria bK�i K�LR I zr4MH7 WLL f.4A]t' PZ-rA!N]Nb WALL SZG71OH KrTAINKS KALL MZYATION RETAININ& WALL - SOUTH EM oP SITE. a6 H164WAY 14 VALUE PL.AGE HOTEL TROPHY GLUE, TEXA5 Planning and Zoning Commission Page 96 of 151 December 3, 2015 Exhibit D Exhibit "53" Development Schedule Preliminary Proiect Schedule Sept 14 2006 Revison 4 Voluo Pleco Hotel - Trophy Club Prop iD; QUA 005 Task Date Pre-conalruction meeting (approx- date) Rapist (Lot 1 R & 2R) + Rezoning Pckg. Preparation 610512004 - 6116/2006 Complete Rapist+ Zoning changesubmIllal 6119!2006 Compute (4 IS days prior to maoting) Silo Development Plans Prep -CIVIL 6119/7000 - 7114/2006 Complete (City requires Site Pian subrnillatj Civil Design Package submittal 7117!2006 Comploto Planning & Zoning Meeting (Replat + Zoning) 81Y2006 Complete City Council Meeting (Replat + Zoning) $12112006 Complete Address any onginconn , comments -CIVIL 812112046 - 91OW2006 Complete Detailed Site Plan submittal 81181240E Complete Planning u Zoning Meeting (Detailed Site Plan) 9/2112006 City Council Meeting (Detailed Site Plan) 101212006 Submit for PermlI 1 week of November Building Permit Issued (approx. date) 3rd week of November Pre-conalruction meeting (approx- date) 41h wank of November Begin construction on site Last week of November Onsite construction work to be completed In 6 months from Clty approved start date Apply for CaliTcale of Occupancy 1st week of June Nota: Project construction to begin approx. last week of November 2006 per Town approvals of all design plans and general contractor to obtain permits and permission on project from Trophy Club prior to work onsite_ Planning and Zoning Commission Page 97 of 151 December 3, 2015 W Q Cm G r_ O c� V O J �� IN 'M,i h4 - Dwi,Hinos i J (7 I P1a,11. i LLI LUw� r F 4) y W, r ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0793-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Discussion and recommendation of a request to approve an amended plat on Lot 5, Block J, Canterbury Hills, Phase 1A, Case AP -15-019. Attachments: Staff Report.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C. Date Ver. Action By Action Result Discussion and recommendation of a request to approve an amended plat on Lot 5, Block J, Canterbury Hills, Phase 1A, Case AP -15-019. Planning and Zoning Commission Page 100 of 151 December 3, 2015 TOWN OF C TROPHY CLUB 100 Municipal Drive *Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission December 3, 2015 AP -15-019: Amended Plat - Canterbury Hills, Phase 1A SUBJECT: Discussion and recommendation of a request to approve an amended plat on Lot 5, Block J, Canterbury Hills, Phase IA. REQUEST: The applicant, Gil Marques, 21 Oxford Place, has submitted a request to amend the plat for Canterbury Hills, Phase IA, specifically as it relates to the applicant's lot, Lot 5, Block J. The amended plat has the effect of adding 0.047 acres from Lot IA, Block J, common area owned by the Hogan's Glen Homeowners Association, by adjusting the lot line slightly to the west. The adjusted property has already been conveyed by the HOA to the applicant with the condition that the property be incorporated into the applicant's lot via the amended plat. ZONING AUTHORIZATION: On August 25, 2015, at the request of the applicant, the Town Council, upon the favorable recommendation of the Planning and Zoning Commission, approved an amendment to the PD 32 regulations authorizing the change to the common area (Lot IA, Block J) for the development, thereby enabling the result of the amended plat. The amending ordinance (attached) language reads as follows: Ordinance No. 2013-09 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development 932 is hereby amended by this Ordinance amending Exhibit "B" Concept Plan by changing the common area for Lot IA, Block J, Canterbury Hills Phase T4 from 1.087 acres to 1.04 acres as shown on Exhibit "A" of this Ordinance. STAFF REVIEW AND RECOMMENDATION: The proposed amended plat complies with the PD 32 regulations as amended as well as the Code of Ordinances. The subdivision regulations require that amended plats be approved by the Planning and Zoning Commission and the Town Council. A public notice is not required for an amended plat. Staff recommends approval. Page 1 of 2 Planning and Zoning Commission Page 101 of 151 December 3, 2015 Attachments: Exhibit "A" — Amended Plat Exhibit "B" — Ordinance 2015-21 P&Z Exhibit "C" — Location and Zoning Maps Page 2 of 2 Planning and Zoning Commission Page 102 of 151 December 3, 2015 El T is r 0 +afire orcn�� zx 11> ti acxi� �F°zke��o 5°Q�x2 His Nroo55o�zs°�" N 2 q�°cxix�Q ��m wogQ�2� off• _ -2 ¢�a 00 _ F2w 23 1 z '£a 3E_ - _ 9 3 Q - - o= oG,_ 3 Q�� o o a a m /O / P p .m i y o g _ m V8 e� — — (.moa Gq)- -� _ TVA+'_ -800 NOIIV301132tt0nd T is r Exhibit B TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-21 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2013-09 ESTABLISHING PD PLANNED DEVELOPMENT #32 AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING EXHIBIT "B" CONCEPT PLAN, BY CHANGING THE COMMON AREA FOR LOT 1A, BLOCK J, CANTERBURY HILLS PHASE 1A, FROM 1.087 ACRES TO 1.04 ACRES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF PLANNED DEVELOPMENT #32, THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER 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 SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Lot 5, Block J, Canterbury Hills Phase 1A, zoned as Planned Development #32 ("PD #32") filed an application with the Town Planning and Zoning Commission requesting an amendment to PD #32, more specifically to amend Exhibit "B" entitled "Concept Plan" by changing the common area for Lot 1A from 1.087 acres to 1.04 acres"; and WHEREAS, the owner of the common area identified as Lot 1A, Block J, Canterbury Hills Phase 1A, has submitted written approval authorizing the proposed amendment, and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #32 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and Planning and Zoning Commission Page 104 of 151 December 3, 2015 Exhibit B WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town 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. AMENDMENT Ordinance No. 2013-09 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #32 is hereby amended by this Ordinance amending Exhibit "B" Concept Plan by changing the common area for Lot 1A, Block J, Canterbury Hills Phase 1A from 1.087 acres to 1.04 acres as shown on Exhibit "A" of this Ordinance. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in PD #32, the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. 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. ORD 2015-21 P&Z Page 2 of 5 Planning and Zoning Commission Page 105 of 151 December 3, 2015 Exhibit B 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. 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 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 as required by the Town Charter. SECTION 9. 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 2015-21 P&Z Page 3 of 5 Planning and Zoning Commission Page 106 of 151 December 3, 2015 Exhibit B PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of August, 2015. C. Nick Sanders, Ma or Town of Trophy Club, Texas ATTEST: I Uwn Ui i rupily k IUU, i exas APPROVED AS TO FORM: Patricia A. dams, Town Attorney Town of Trophy Club, Texas ORD 2015-21 PU /-� is -lop- ' [SEAL] `G `/`�U�4 FAY 1, Page 4 of 5 Planning and Zoning Commission Page 107 of 151 December 3, 2015 Exhibit B Exhibit "A" 0.509 ACRE RIGHT-OF-WAY DEDICATION C.C.# 2008-112587 R.P.R.D.C.T. SCALE: 1' a 200' TRACT 3 CLUSCORP GOLF OF TEXAS C.C.0 2000-80013118 D.R.O.C,T. ORD 2015-21 P&Z Page 5 of 5 Planning and Zoning Commission Page 108 of 151 December 3, 2015 DATE: 02-01-15 CONCEPT PLAN TRACT 2 SHEET CANTERBURY HILLS 13 SCAF, I- - 200' OUT TME � .r 8rB-u ApT Y. Y[S OLM SUN" S2 MO T11[ SRACT M0. 6 A 7950 ELYBROOK DOVE DALLAS, Tx 75247-4961 OF 1 1 Y1011AEL SIMVET. A6STRACT MM 821 PHOME 214-638-0145 FAX 214-636-0"? CHECKED 9rMJ.e. IN THE TOWN OF TRO/MY CLUB OEMTOM Coulm. TERAS ORD 2015-21 P&Z Page 5 of 5 Planning and Zoning Commission Page 108 of 151 December 3, 2015 CL m 5 r_ 0 O ..—mar nnaaK nR 18 I (1) -40 L. all kj a ZOO Lij LU < a- -1 0 0 0 0 0 E E 0 0 N co ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0794-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Town Planner Updates; discussion of recently approved sign ordinance amendments. Attachments: Approved Sign Ordinance Amendments 10-13-2015.pdf Date Ver. Action By Action Result Town Planner Updates; discussion of recently approved sign ordinance amendments. Planning and Zoning Commission Page 111 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 TOWN OF TROPHY CLUB ORDINANCE NO. 2015 -XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ARTICLE IV ENTITLED "SIGN REGULATIONS", OF CHAPTER 5 ENTITLED "GENERAL LAND USE" OF THE CODE OF ORDINANCES AND ADOPTING A NEW ARTICLE IV "SIGN REGULATIONS", OF CHAPTER 5 "GENERAL LAND USE" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES IN ORDER TO REGULATE SIGNAGE WITHIN THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 5 OF ARTICLE IV SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, due to changed circumstances the Town Council deems it in the best interest of the Town of Trophy Club, Texas to repeal Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances and adopt a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of The Town of Trophy Club Code of Ordinances; and WHEREAS, the Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; and WHEREAS, the Town Council finds that the proliferation of an unlimited number of signs in private, residential, commercial, non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as well as the residential and commercial architecture, impair property Planning and Zoning Commission Page 112 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children; and WHEREAS, the Town Council wishes to allow speech and expression through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact the value of property owned by its residents; and WHEREAS, the Town Council declares that the time, place, and manner of the regulations of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values 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 having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: Section Index Section 4.00 Declaration, Purpose and Intent Section 4.01 Definitions Section 4.02 Permit Requirements Section 4.03 General Standards Section 4.04 Traffic Safety Section 4.05 Political Signs Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs Section 4.07 Religious Institutional Signs Planning and Zoning Commission Page 113 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.08 Temporary Signs 4.08 (A) Temporary Sign Regulations 4.08 (B) Banner Signs 4.08 (C) Special Purpose Signs for Special Events Section 4.09 Permanent Commercial Signs and Institutional Signs 4.09 (A) General Regulations 4.09 (B) Illuminated Signs 4.09 (C) Miscellaneous Sign Regulations - Table Section 4.10 Permissible Signs Not Requiring Permits Section 4.11 Temporary Permits Section 4.12 Non -Conforming Uses Section 4.13 Meritorious Exceptions and Appeals Section 4.14 Maintenance of Signs Section 4.00 Declaration, Purpose and Intent A. Declarations. The Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; therefore - 1 . herefore: 1. It is hereby declared that the proliferation of an unlimited number of signs in private, residential, commercial, non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as well as the residential and commercial architecture, impair property values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children. 2. It is hereby declared that the Town wishes to allow speech and expression through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact the value of property owned by its residents. 3. It is hereby declared that the time, place, and manner of the regulation of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values. Planning and Zoning Commission Page 114 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 B. Purpose, Applicability and Intent. 1. The purpose of this Article is to provide reasonable regulations for the erection and display of signs. These regulations are intended to promote the public health, safety and general welfare through a comprehensive set of reasonable standards and requirements which preserve the appearance of the Town. 2. These regulations are not intended to prohibit the erection or display of a sign with a religious or political message, or any sign allowed or required by state or federal law; provided that any such sign conforms to the size requirements and other reasonable requirements of this Article. 3. The purpose of this Article is to protect those areas both within the corporate limits and within the extraterritorial jurisdiction of the Town from visual clutter and safety hazards resulting in driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Awning: A roof -like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. Designated Official: The Town Manager or his or her designee. Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion of the Designated Official, has any one or more of the following characteristics: 1. Where elements of the surface or background can be seen, as viewed from the right-of-way, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or Planning and Zoning Commission Page 115 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 2. Where the structural support or frame members are visibly bent, broken, dented, or torn; or 3. Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or 4. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support); or 5. Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions Electronic Message Board: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display. Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. Height of Signs: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign Illumination, Direct: Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye. Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. Illumination, Internal: Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. Planning and Zoning Commission Page 116 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting surface, which, because of its construction and/or placement becomes in effect a source of light emission. Logo: A design, registered trademark or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company or product. Masonry: Formed concrete, concrete block, cinder block or similar material with facing added to their exposed surface. Median: A land mass, mostly covered by grass and/or other landscaping materials, enclosed in concrete curbing placed between streets and roads separating opposing traffic, or to the right of streets or roads separating streets or roads from one way, single lane, slip road access to private real properties. Minor: A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property, including without limitation, any person having custody or control over the property, or his or her authorized agent or representative. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Premises: Land, including any structures built upon it, building(s) or a part of a building. Private Real Property: Land, within the corporate limits or extraterritorial jurisdiction of the Town, that any person, firm, corporation, partnership, sole proprietorship, Homeowners' Association or other private entity recognized in law, owns, leases, claims, occupies or has supervision or control of, whether such real property is occupied or unoccupied, improved or unimproved. Programmed Electronic Display: Any display in which lamps are used to give information such as, but not limited to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different messages. Property: Any tangible personal or real property. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. Planning and Zoning Commission Page 117 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Right -of -Way: A strip of land, the first eleven (11) feet as measured from the back of curb, or, if no curb, the first eleven (11) feet measured from the edge of the roadway pavement, including the adjacent area, used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Sign: Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Article, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand -carried signs, and vending machine signs shall not be considered signs for purposes of this Article. Signs include but are not limited to the following: A-Frame/Sandwich Board Sign: A self supporting "A" shaped sign with two visible sides that is situated on or adjacent to a sidewalk. Apartment sign: A sign identifying an apartment building or complex of apartment buildings. Awning Sign: An awning displaying a business name or logo. Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree, utility pole, traffic pole, fence post or other feature or structure that is not designed nor intended to be a part of the structure. These do not include warning signs or other signs required by state law to be placed on a utility pole, traffic pole or fence post. Banner Sign: A Temporary advertising device composed primarily of cloth, paper, fabric, or other similar non -rigid material, supported by wire, rope, or similar means; it may also be attached to a building or other structure, and may be mounted vertically or horizontally. Banner Signs also include Tear Drop Flags, Bow Flags, and other similar types of signs. Billboard Sign: An Off -Premise Sign consisting of any flat surface erected on a framework or on any structure, or attached to posts and used, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand -carried signs, and political signs shall not be considered a billboard for purposes of this Article. Builder Sign: A Temporary On -Premise sign identifying the builder or general contractor of a residential construction site. Bulletin Board Sign: A permanent on-site sign providing public information to the residential subdivision within which it is located. Planning and Zoning Commission Page 118 of 151 December 3, 2015 Approved Sign Ordinance Amendments -10/13/2015 Business Sign: A permanent On -Premise sign that is used to identify a business, profession, apartment complex, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. Canopy Sign: A canopy sign is a sign painted or affixed to a roof -like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Development Sign: A Temporary, On -Premise promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote a subdivision and not any particular builder. Directional Sign: A permanent On -Premise sign intended to aid in vehicular movement on the site. Directional Real Estate Sign: Off -Premises Sign, intended to direct persons to premises offered for lease, rent, or sale, including but not limited to, "Open House" and directional signs or sale. Directory Sign: A sign listing the occupants within a shopping center, retail district, office districts, and commercial sites located on the same premises. Electronic Display Sign: Refer to "Programmed Electron Display". Feather Flag: A Sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flags may be a single Sign or multiple Signs attached to a support pole or post, typically have a 4:1 height to width ratio, and may resemble a sail. Fence Sign: A sign that is affixed or attached to a fence, whether permanent or Temporary. Flashing Sign: A sign, which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted light source. Electronic display signs are not considered flashing signs for the purpose of this Article. Flag: A display on cloth or other flexible material generally attached on only one side, usually used as a symbol of a government, school, or religion, and not containing a commercial message. Planning and Zoning Commission Page 119 of 151 December 3, 2015 Approved Sign Ordinance Amendments -10/13/2015 Government Sign: Signs, permanent or temporary, required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such public Signs may be of any type, number, area, height, location, or illumination as required by law, statute, or Code. Such Signs may also include traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs having to do with the general welfare, health, and safety of the community. Ground Sign: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. Illegal Non -Conforming Sign: A sign which was in violation of any of the Codes of the Town of Trophy Club governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all duly enacted Codes, including but not limited to, signs which are pasted, nailed, hung, painted or otherwise unlawfully displayed upon structures, utility poles, posts, trees, fences or other structures. Illuminated Sign: A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Inflatable Sign: A Temporary hollow sign expanded or enlarged by the use of air or gas. Institutional Sign: A permanent on-site sign used to identify governmental and municipal agencies, public/private schools, or similar public institutions, and used to communicate messages of public importance to the general public. Legal Non -Conforming Sign: A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to current applicable regulations and restrictions of the Sign Code. Model Home Sign: A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Monument Sign: A sign mounted on a solid base or pedestal with no visible space between the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal shall be constructed of masonry material. Nameplate Sign: A sign that identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. Planning and Zoning Commission Page 120 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Obsolete Leases Premises Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on leased property after the second anniversary of the date the tenant ceases to operate on the premises. Obsolete Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on the property after the first anniversary of the date the business, person or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. Off -Premise Sign: A sign located upon a Premises which directs attention to (a) to goods; (b) to a business, commodity, service, or product; or (c) to an entertainment location, other than the Premises upon which such sign is located. Off -Premise Real Estate Sign: A sign located upon a Premises which directs attention to the sale, lease, rental, or construction of a structure or a lot, other than the Premises upon which such sign is located. On -Premise Sign: A Sign which directs attention (a) to goods; (b) to a business, commodity, service, or product; or (c) to an entertainment location, upon the Premises where such sign is located. On -Premise Real Estate Sign: A Sign which directs attention to the sale, lease, rental, or construction of a structure or a lot, upon the Premises where such sign is located. Permanent Commercial Sign: A permanent On -Premises Sign advertising a business. Pole (or Pylon) Sign: Any free standing, On -Premise sign supported from the ground by upright structural and/or horizontal cross members. Political Sign: A Temporary Sign that promotes a political issue or a candidate or candidates for public office, including without limitation, a sign of any political party, group, or idea that contains primarily a political message or other similar noncommercial speech. Portable Sign: A sign utilized by a government entity and that is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on mobile structures. Projecting Sign: A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure, including but not limited to, a marquee sign. Planning and Zoning Commission Page 121 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Protective Sign: A sign that communicates a warning. Real Estate Sign: A limited purpose On -Premise sign supported by upright and/or horizontal cross structural members and which pertains to the sale, rental or lease of the lot or tract of land on which the sign is located, or to the sale, rental or lease of one or more structures, or a portion thereof located thereon. Religious Sign: A sign containing a religious or other similar noncommercial message. Religious Institutional Sign: On -Premise Sign placed on property belonging to a Church or other religious institution for purposes of conveying religious messages or providing the public with other information related to the Church or religious institution or other non-commercial purpose. Rider sign: A supplemental sign attached to above or below Real Estate Sign, or its sign post that provides limited but additional information pertaining to the premises on which the Real Estate Sign is placed. Roof Sign: Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed above the apparent flat roof or eaves of a building as viewed from any elevation. Service Contractor Sign: An On -premises temporary sign identifying the contractor(s) responsible for work. Sign Walker: A person or animal, visible from the public Right -of -Way, wearing lights, or wearing a costume, and/or holding, twirling, or wearing a sign, for any purpose, including without limitation, making a statement, soliciting donations or business, or drawing attention to a business, project, place or event. Special Purpose Directional Sign: A temporary sign that is either On -Premise or Off -Premise that provides location information, directs persons along a route, or otherwise directs persons to a premises or location upon which a special event or occurrence sponsored by a non-profit, civic, or other organization to which a Special Event Permit has been issued by the Town. Special Purpose Sign: A temporary sign that is either On -Premise or Off -Premise that provides identification or information pertaining to a special event or occurrence sponsored by a non-profit, civic, or other organization to which a Special Event Permit has been issued by the Town. Structurally Alter Sign: To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. Planning and Zoning Commission Page 122 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Structurally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Temporary Pole Sign: A free standing, On -Premise sign displayed for a temporary period of time as provided in this Article and supported from the ground up by upright structural members. Temporary Sign: A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Vehicle Mounted Sign: Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name and address, or Temporary Signs (with an area of less than 3 square feet) attached to vehicles which may be removed daily. Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a building. Wind Device Sign: A pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a sign. Window Sign: A sign painted on or permanently affixed to a window or window area or any sign located on the internal and/or external surface of the window, or is located within two inches (2") of the window, of any establishment. Sign Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign or other outdoor advertising within the corporate limits of the Town. Sign Structure: Any portion of an advertising device, inclusive of its supports, or any device solely designed for carrying an advertising message. Vision Triangle: An area of visibility on a street corner, including within the Right -Of - Way, allowing for safe operation of vehicles, pedestrians and cyclists in the proximity of intersecting streets, sidewalks and bicycle paths. At a minimum, the area of the triangle shall be determined as follows: extending straight lines from the nearest point at which the paved area of the two streets intersect to a point on the edge of each of the intersecting streets that is 25 feet from the point of beginning. Planning and Zoning Commission Page 123 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.02 Permit Requirements A. Except as expressly provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. 1. Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the Designated Official authorized so designated to do so by the Town Manager. The application for a sign permit shall contain the following information: a. Applicant's name, address and telephone number. b. Name, address and telephone number of the Owner of the property on which the sign is to be located. c. Name, address and telephone number of the lessee the sign is to benefit, if applicable. d. Name, address and telephone number of the person/contractor erecting the sign. e. Name, address and telephone number of the electrical subcontractor, if applicable. f. Type of sign and use classification g. Scaled Site Plan Showing: i. The location of the building, structure or tract to which or upon which the sign is to be attached or erected, ii. The position of the sign in relation to nearby structures or other signs, and iii. Dimensions of setbacks, building lines, distances between the sign and streets and property lines. iv. Scaled drawings of the signs including height, width, area, design, text and logo. h. The Designated Official may require the filing of additional plans or pertinent information which, in the Official's opinion, are necessary to ensure compliance with this Article. Planning and Zoning Commission Page 124 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 2. Termination of Permit: A sign permit may be terminated in accordance with the following provisions: a. A permit shall be active for the life of the Sign, as long as it is in compliance with this Article. b. A permit shall expire if the sign for which it has been issued has not been constructed within ninety (90) days from the date of issuance. c. A permit issued for any sign including its supporting structure shall automatically expire in the event the sign shall fail inspection and such failure is not corrected within sixty (60) days. d. The Designated Official may suspend or revoke any permit whenever it is determined that the permit has been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of the Sign Code, any other Code of the Town, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the Owner of the sign or the Owner of the premises on which the sign is located. Any sign for which a permit has been revoked shall be immediately removed by the person in control of the sign or premises upon which the sign is located within fifteen (15) business days of the receipt of the written notice of revocation. e. Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal with the Planning Official no more than ten (10) business days after the receipt of written notice of the revocation. The appeal will be forwarded to the Planning & Zoning Commission for review. The Commission shall forward a recommendation to the Town Council for final determination. The decision of the Town Council shall be final. 3. Permit Fees A Sign permit fee shall be paid to the Town in accordance with the most current fee schedule adopted by the Town. Section 4.03 General Standards A. Height of Signs Sign height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign. Planning and Zoning Commission Page 125 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 B. Building and Electrical Codes Applicable All signs must conform to the regulations and design standards of the Building Code, UL standards and other Codes of the Town. Wiring of all electrical signs must conform to the current Electric Code of the Town. C. Illuminated Signs Signs with external lighting shall be down -lighted. The light source shall be fully shielded such that it cannot be seen from the property line of the site on which the sign is located. Although the light cast from the source may be visible at the property line of an abutting residential property, any spillover light at the abutting residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall be permitted by meritorious exception as provided for in Section 4.13 - Meritorious Exceptions & Appeals. D. The following provisions shall apply to all areas and zoning districts of the Town: 1. Governmental Signs Nothing in this Article shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies (State, Federal, and the Town of Trophy Club only). Stop signs and street signs placed within the Town shall conform to the design specified in the Town's Subdivision Regulations and other standards adopted by the Town. Temporary government signs shall meet the requirements of Section 4.08(E). 2. Addresses Address numerals and other signs required to be maintained by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 3. The occupant of a premise may erect not more than two (2) protective signs in accordance with the following provisions: a. Each sign must not exceed one (1) square foot in effective area; b. Detached signs must not exceed two (2) feet in height; and c. Letters must not exceed four (4) inches in height. 4. Temporary holiday decorations are permitted. Planning and Zoning Commission Page 126 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 5. Vehicular signs are prohibited except as specifically allowed by this Article; however, vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being loaded or unloaded, and on passenger vehicles parked at the Owner's or user's place of residence or business. E. Billboard Signs — CEVMS Pursuant to Section 4.09 (C) - Miscellaneous Sign Regulations, Billboard Signs are not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the Town Council upon recommendation of the Town Planning and Zoning Commission. The erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the extraterritorial jurisdiction of the Town is hereby expressly prohibited. F. CEVMS or Electronic Message Board Signs For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. G. Exempt Banner Signs. Banner Signs not used for commercial purposes, when located wholly on Private Real Property, shall not be considered Signs for the purposes of this Article and are therefore exempt from its regulations. Section 4.04 Traffic Safety A. Conflicts with Public Signs No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. B. Sight Visibility Restriction No sign shall be located in any Vision Triangle as defined in Section 4.01 - Definitions. Planning and Zoning Commission Page 127 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.05 Political Signs 1. Duration: All Political signs meeting the requirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty (60) days before the Signs must be replaced or removed as required by this Article. Political Signs shall be kept in good repair and proper state of preservation during the entire time that they are erected. Political Signs advertising an event, election, function or activity shall be removed within three (3) days following the date of such event, election, function or activity. Failure to remove such Signs within the three (3) day period shall give the Designated Official the authority to remove such Signs without notice. 2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114 Except for Political Signs placed on the public Right of Way portion of either residentially or non -residentially zoned Private Real Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Political Sign shall be erected or placed on Town owned or leased Property, including without limitation, the Median and Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 114. Notwithstanding the foregoing, Political Signs allowed pursuant to a Special Event Permit or as otherwise expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special Event Permit. 3. Town Owned/Leased Property — Sign Walkers with Political Signs Sign Walkers with Political Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 4. Safety Hazard Prohibited Political Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 5. Private Real Property - Non -Residential Zoning No Political Sign shall be erected or placed on Private Real Property zoned for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner or other person having custody or control over the property upon which such Sign is placed or his or her authorized agent or representative has given written permission and such documentation is provided to the Town Planning and Zoning Commission Page 128 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Secretary, or designee, at least one (1) business day prior to the placement of the Sign on the property. Written permission shall be valid for one (1) calendar year from the date upon which permission is provided. Political Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 6. Private Real Property - Residential Zoning No Political Sign shall be erected or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner has given verbal or written permission. Political Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 7. Number, Size and Placement A Political Sign shall not exceed thirty-six (36) square feet in area nor exceed eight fee (8') in height, as measured from the ground. A Political Sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate and two (2) of such signs per issue on the election ballot shall be erected on any parcel of land. As used in this section "parcel" shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. The front and back surface of a Political Sign shall constitute one (1) sign. For signs with three (3) or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more surfaces are prohibited on residentially zoned parcels of land. In the event that the number of Political Signs upon a lot or property exceeds the total number permitted by this Article, the Political Signs in excess of the number permitted shall be deemed to be in violation of this Article. 8. Removal The Designated Official shall have the authority to immediately remove signs in violation of this Article and shall hold the Signs for five (5) calendar days for disposal. Additionally, any Political Sign placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the sign has been placed without prior notice of any kind. 9. Vehicle Mounted Political Signs Planning and Zoning Commission Page 129 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 A Political Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Political Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 10. Exemption from Permit/Regulations Political Signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. 11. Zoning Districts Political Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. 12. Illumination Political signs shall not be illuminated and shall comply with all other requirements of this Article. Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs Real Estate Signs are authorized as a limited purpose On -Premise Sign for Private Real Property zoned for residential and non-residential use as well as Town owned property and may be erected, in addition to permanent signage, in accordance with this section: 1. Duration: All Real Estate Signs meeting the requirements of this Article, shall be maintained in good condition and shall be removed within three (3) days following the sale, lease or rental of the property upon which they are located. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/Leased Property- Medians/Right-of-Way/Highway 114. No Real Estate Sign shall be erected or placed on Town owned or leased property, including without limitation, in a public Median or a public Right -of -Way. Any real estate sign so erected or placed upon Town owned or leased property may be removed by the Designated Official without notice. Planning and Zoning Commission Page 130 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 3. Open House Signs. Only On -Premise "Open House" Signs shall be allowed. Such signs shall not be placed in a Vision Triangle. In the event that any such Sign is not in compliance, the Designated Official of the Town may remove the Sign without prior notice. Signs shall not be permitted to be within any Median or Right -of -Way in the Town. 4. Town Owned/Leased Property - Sign Walkers with Political Signs Sign Walkers with Real Estate Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 5. Safety Hazard Prohibited Real Estate Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 6. General Regulations Private Real Property - Residential and Non -Residential Zoning No Real Estate Sign shall be erected or placed on Private Real Property zoned for either residential or non-residential use, including but not limited to vacant lots or tracts, unless the property Owner has given verbal or written permission. Only On -Premise Real Estate Signs meeting the requirements of this Article shall be allowed. Real Estate signs shall not be illuminated and shall comply with all other requirements of this Article. Riders may be attached to Real Estate Signs as allowed by this Article. Real Estate Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 7. Directional Real Estate Signs. Except as specifically allowed for Special Events, Off Premise Directional Signs for Real Estate or Open House purposes shall not be allowed within the Town. 8. Number, Size, and Location A Real Estate Sign shall contain no more than two (2) sides and shall not exceed six (6) square feet of text area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as being Permanent Planning and Zoning Commission Page 131 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Commercial Signs or Institutional Signs and shall be subject to Section 4.09 - Permanent Commercial Signs and Institutional Signs of this Article. The maximum height of such Signs or sign post vertical member shall not exceed six (6) feet, as measured from the ground. On all lots other than golf course lots, Real Estate Signs shall be limited to one (1) advertising sign and one (1) "Open House" sign per lot. On lots adjoining a golf course, one (1) additional Real Estate advertising Sign may be placed to face the golf course. One (1) Rider may be placed on each Real Estate Sign allowed by this section. 00IIIIIIIIIIIIIG ET,17I I� .I The Designated Official shall have the authority to immediately remove Signs in violation of this Article and shall hold the Signs for five (5) calendar days for disposal. Additionally, any Real Estate placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the Sign has been placed without prior notice of any kind. 10. Vehicle Mounted Political Signs A Real Estate Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Real Estate Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 11. Exemption from Permit/Regulations Real Estate Signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. 12.Zoning Districts Real Estate Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. 13. Illumination Real Estate signs shall not be illuminated and shall comply with all other requirements of this Article. Planning and Zoning Commission Page 132 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.07 Religious Institutional Signs Religious Institutional Signs shall not contain any commercial message. 1. Zoning Districts Religious Institutional Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. Section 4.08 Temporary Signs A. Temporary Sign Regulations Except as specifically provided in this Section or in Section 4.05 Political Signs, Section 4.06 Real Estate Signs - Limited Purposes On -Premise Signs, or Section 4.07 Religious Institutional Signs, the following regulations shall apply to all Temporary Signs as identified herein, including but not limited to Banner Signs, Builder Signs, Development Signs, Inflatable Signs, Model Home Signs, Service Contractor Signs, and Special Purpose Directional (Special Event Permit Only) Signs. 1. Duration: All Temporary Signs meeting the requirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty (60) days before the signs must be replaced or removed as required by this Article. Temporary Signs shall be kept in good repair and proper state of preservation during the entire time that they are erected. Temporary Signs advertising an event, election, function or activity shall be removed within three (3) days following the date of such event, election, function or activity. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114 Except for Temporary Signs placed on the public Right of Way portion of either residentially or non -residentially zoned Private Real Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Temporary Sign shall be erected or placed on Town owned or leased Property, including without limitation, the Median and Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 114. Notwithstanding the foregoing, Temporary Signs allowed pursuant to a Special Event Permit or as otherwise Planning and Zoning Commission Page 133 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special Event Permit or specific provision of this Article. 3. Town Owned/Leased Property — Sign Walkers with Temporary Signs Sign Walkers with Temporary Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 4. Safety Hazard Prohibited Temporary Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 5. Private Real Property - Non -Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zoned for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner upon which such sign is placed has given written permission and such documentation is provided to the Town Secretary, or designee, at least one (1) business day prior to the placement of the sign on the property. Written permission shall be valid for one (1) calendar year from the date upon which permission is provided. Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 6. Private Real Property - Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner, has given verbal or written permission. The Owner may remove and discard any such Signs placed on the property in violation of this Section without prior notice. Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 7. Number, Size and Placement A Temporary Sign shall not exceed the maximum height and size limitations as set forth in this Article, including without limitation, Section 4.09(C) Miscellaneous Signs Regulations — Table, of this Article. No more than one (1) of such Signs shall be erected on any parcel of land unless expressly authorized for the Sign type in Section 4.09(C). As used in this section "parcel" shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. Planning and Zoning Commission Page 134 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 The front and back surface of a Temporary Sign shall constitute one (1) sign. For signs with three (3) or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more surfaces are prohibited on residentially zoned parcels of land. In the event that the number of Temporary Signs upon a lot or property exceeds the total number permitted by this Article, the Signs in excess of the number permitted shall be deemed to be in violation of this Article. For non -residentially zoned districts, the Designated Official shall have the authority to immediately remove the Signs and shall hold the signs for five (5) calendar days for disposal. 8. Removal Any Temporary Sign placed, erected, or maintained in violation of this Article may be removed by the Designated Official, property Owner without prior notice of any kind. 9. Vehicle Mounted Temporary Signs A Temporary Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Temporary Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 10. Exemption from Permit/Regulations Temporary Signs shall not require a Sign permit unless specifically required by this Article or by the Schedule of Fees adopted by the Town. 11. Zoning Districts Temporary Signs shall only be allowed in those zoning districts designated for the specific Sign type in accordance with Section 4.09(C) Miscellaneous Signs Regulations — Table, of this Article. B. Banner Signs 1. Number, Size and Placement Only one (1) Banner Sign per premises or lease space shall be allowed. The size of such Sign shall be no more than thirty-six (36) square feet per premise or lease space. Display of Banner Signs shall comply with the requirements of Planning and Zoning Commission Page 135 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.08(B)(2) of this Article and shall be allowed no more than two (2) times annually. 2. Duration Banner Signs shall be permitted for no more than thirty (30) consecutive days. At least ninety (90) days shall lapse between the end of the first period of display and the beginning of the second period of display. 3. Zoning Districts Banner signs shall only be allowed in non-residential zoning districts. C. Special Purpose Signs for Special Events Special Purpose Signs complying with the provisions of this Section shall be allowed in conjunction with Special Events provided that a Special Event Permit issued pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for the Event. Special Purpose Signs may be posted for Events that are expressly exempt from the Requirements of Article XV of Chapter 10 provided however that all such signs shall comply with the requirements of this Section and other applicable provisions of the Sign Ordinance. 1. Number, Size and Placement a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be allowed on the Special Event site. Placement of the Banner shall be subject to the requirements of the Special Event Permit or the approval of the Community Development Director when a Special Event Permit is not required. A Banner shall not be strung between trees, but shall be securely attached to a building, or securely strung between two (2) temporary poles. b. Special Purpose Signs - Special Event Permit. Special Purpose Signs, including without limitation, Directional Signs and Directional Real Estate Signs, shall only be allowed for Special Events pursuant to a Special Event Permit. Except as specifically allowed for in this Section, Directional Signs shall not be allowed within the Town. In addition to the requirement to obtain a Special Event Permit, prior to the placement of a Special Purpose Sign, any person or entity placing such a sign shall also have received authorization or approval for such placement from the Owner of the property upon which such sign is placed, and shall comply with applicable notification requirements set forth in this Article. D. Duration Planning and Zoning Commission Page 136 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Special Purpose Signs authorized by this Section in accordance with a valid Special Event Permit shall be allowed up to fourteen (14) days prior to the date of the Event. All signage shall be removed within twenty-four (24) hours following the conclusion of the Event. E. Temporary Government Signs Temporary Government Signs may include any government agency and may be placed for a limited time to provide time specific, seasonal, etc. information to the community. These signs shall require a permit and shall, otherwise, meet all requirements for temporary signs. Section 4.09 Permanent Commercial and Institutional Signs A. General Regulations. Permanent Commercial Signs and Institutional Signs shall include the following sign types and shall be subject to the following provisions: 1. On -Premise Signs (Monument and Wall) Signs in areas zoned for Non -Residential purposes shall be On -Premises signs. 2. Maximum Gross Surface Area The face of each sign shall not exceed the gross surface area as outlined below. 3. Monument signs shall not exceed ten feet (10') in height. 4. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. 5. Signs owned, constructed and used by the Town to provide information, direction and enforcement shall be exempt from these requirements. 6. Wall signs shall be centered horizontally on the store frontage for a tenant's space. The maximum copy height shall not exceed two feet (2'), six inches (6"). The minimum copy height shall be one foot (1'), two inches (2"). The mounted copy depth shall be five inches (5"). Wall signs shall not project more than twelve inches from the wall surface. B. Illumination of Signs a. Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas front. The raceway shall be painted to match the surface upon which it is mounted. Planning and Zoning Commission Page 137 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 b. The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. c. Illuminated signs which are visible through the window of a tenant's space shall be set back a minimum of two (2") inches from the face of the window. The distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. C. Miscellaneous Sign Regulations - Table The following table entitled "Signage Criteria" contains regulations applicable to the Sign types listed below. No person shall construct, allow, maintain or allow the construction or maintenance of sign in violation of any of the regulations provided below: Planning and Zoning Commission Page 138 of 151 December 3, 2015 Maximum Maximum Maximum Zoning Permanent/ Duration Sign Type Number Size & Height District Temporary A-Frame/Sandwich Board Prohibited Apartment 1 per entry 50 sq ft/ Life of Residential Permanent Permit Awning Prohibited Bandit Prohibited Banner, Feather Flag, 1 per premise or 36 sq ft. N/A 30 days Non- Temporary Tear Drop Flag, Wind lease space no Residential Device, Bow Flag more than 2 times annually Billboard Along property To be determined by the Town Non- Permanent which abuts State Council upon recommendation Residential Highway 114 of the Planning & Zoning Commission Builder/Contractor 2 per premise 6 sq ft 4 ft Removed All Districts Temporary upon sale, lease, rental Bulletin Board To be determined by the Town Council upon Residential Permanent recommendation of the Planning & Zoning Commission Canopy 25 sq ft or 10% of the face of the Life of Non- Permanent canopy of which it is a part of or to Structure Residential which it is attached, whichever is greater Planning and Zoning Commission Page 138 of 151 December 3, 2015 Approved Sign Ordinance Amendments -10/13/2015 Planning and Zoning Commission Page 139 of 151 December 3, 2015 Maximum Maximum Maximum Zoning Permanent/ Duration Sign Type Number Size & Height District Temporary Contractor Service No limit provided 6 sq ft 4 ft 14 Days All Districts Temporary total combined sq after footage does not completion exceed 6 sq ft of service CEVMS 1 per premise with 50 sq. 4 ft. Life of All Districts Permanent approval of the ft. Permit Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Development 1 per 32 sq ft 5 ft Residential: All Districts Temporary project/premise 90% of all lots/houses sold Commercial: Completion of Project Directional 6 sq ft 3 ft Life of All Districts Permanent Permit Directional Temporary Prohibited except as allowed with a Special Event Permit Temporary Real Estate Directory 1 per premise To be determined by the Town Non- Permanent Council upon recommendation Residential of the Planning & Zoning Commission Electronic Message 1 per premise with 50 sq. ft, 4 ft Life of Permit All Districts Permanent Boards approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Fence Prohibited Planning and Zoning Commission Page 139 of 151 December 3, 2015 Approved Sign Ordinance Amendments -10/13/2015 Sign Type Maximum Number Maximum Size & Height Maximum Zoning District Permanent/ Temporary Duration Flashing Prohibited Government Permanant No limit No limit No limit No limit All Districts Permanent Government Temporary Restricted Temporary Ground 1 per entry/premise 16 sq ft 4 ft Life of Permit All Districts Permanent Illuminated 1 per premise 50 sq ft Life of Permit Non- Residential Permanent Inflatable 1 per premise To be determined by the Town Council upon recommendation of the Planning & Zoning Commission All Districts Temporary Institutional 1 per entry/premise 50 sq ft 4 ft Life of Permit Non- Residential Permanent Model Home 1 per Model Home 16 sq ft 4 ft Removed upon sale, lease, rental Residential Districts Temporary Monument 1 per entry/premise 50 sq ft 10 ft Life of Permit All Districts Permanent Nameplate 1 per lease space 2 sq ft 1 ft Life of Permit Non- Residential Permanent Off -Premise Prohibited Political 36 sq ft 8 ft 60 days All Districts Temporary Portable Restricted Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of structure All Districts Temporary or Permanent Real Estate Restricted Rider Allowed with Real Estate Sign Roof Prohibited Planning and Zoning Commission Page 140 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.10 Permissible Signs Not Requiring Permits A. The following Signs shall be subject to all limitations and provisions provided in this Article, and shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 2. Holiday Decorations Planning and Zoning Commission Page 141 of 151 December 3, 2015 Maximum Maximum Maximum Zoning Permanent/ Duration Sign Type Number Size & Height District Temporary Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days All Districts Temporary prior/24 hr following Temporary Pole 1 per premise/lot 32 sq ft 5 ft 1 year from All Districts Temporary temporary permit issuance Wall 1 per lease space 40 sq ft or the Life of Non- Permanent product of 2 Permit Residential times the lineal width of the wall, whichever greater. Shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant's space Window No limit provided total combined sq Life of Non- Permanent footage does not exceed 25% of the Permit Residential visible window area available in the absence of any signs Section 4.10 Permissible Signs Not Requiring Permits A. The following Signs shall be subject to all limitations and provisions provided in this Article, and shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 2. Holiday Decorations Planning and Zoning Commission Page 141 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 3. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back. 4. Memorial Signs Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 5. National and/or State Flag Display of flags is allowed. 6. Vehicle Mounted Signs Except as otherwise regulated herein, Signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four (4) hours or for a longer period where the primary purpose of such parking is not the display of any sign. 7. Other Signs as specifically identified herein. Section 4.11 Temporary Permits The Designated Official of the Town of Trophy Club upon application from an individual or company may grant Temporary Permits or Waivers to hang Banners and/or Signs for Commercial purposes as set forth in Section 4.08 — Temporary Signs, of this Article. Signs and Banners approved by the Designated Official as meeting the criteria necessary to satisfy the provisions found in Section 4.08 — Temporary Signs, of this Article may be displayed on a temporary basis not exceeding a six (6) week period. The length of the temporary permit will be at the discretion of the Designated Official, not exceeding the maximum six (6) week period. At the time of expiration of the Temporary Permit or Waiver, it shall be the responsibility of the applicant to remove the Banner or Sign. The application process for a temporary permit or waiver shall be governed by the same guidelines as set forth in Section 4.02 — Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an initial period not to exceed one (1) year. An applicant may request one (1) additional renewal for a period up to one (1) year. Such renewal may, within the discretion of the Designated Official, Planning and Zoning Commission Page 142 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 be granted if the Sign is in good and sound condition and meets the requirements of this Article. Section 4.12 Non -Conforming Uses A. Any existing Sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 4.14 — Maintenance of Signs of this Article. It is the declared purpose of this Section that nonconforming Signs and Signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. B. The Designated Official, after ten (10) days written notice to the Owner of the premises on which the Sign is located, shall have the authority to remove any nonconforming sign which either: 1. Was not permanently affixed to the ground on the effective date of this Article, or 2. Was erected in violation of this Article or other Town Code in effect at the time of its erection. C. The Town Council may order nonconforming signs to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code, as amended, provided that the Signs: 1. Are not permanently affixed to the ground on the effective date of this Article, 2. Were erected in conformity with this Article and/or other Town Codes in effect at the time of their erection, and 3. Remain in place after six (6) months from the effective date of this Article. D. An Owner of any lawfully existing nonconforming use or building may erect and maintain a Sign in accordance with the regulations contained herein. E. Moving, Relocating, or Altering of Signs No nonconforming sign shall be moved, altered, removed and reinstalled, or replaced unless it is brought into compliance with the requirements of this Article. F. Change in Use or Occupant of a Structure Any nonconforming sign may continue to be utilized as long as the occupancy within the structure remains the same. When a use changes from one occupancy category to another, or when there is a change in occupant, all signs serving that occupant, shall be brought into conformance with the provisions of this Article. Planning and Zoning Commission Page 143 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.13 Meritorious Exceptions and Appeals A. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, another primary objective has been the guarding against signage over -control. B. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Article and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution, to the visual environment. Upon request of an interested party, the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear consider a request for a meritorious exception under this Section. C. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Article, the Town Council shall hear appeals with respect to any actions of the Designated Official in the interpretation and enforcement of this Article. Any such appeal shall be brought, by written application filed by an interested party, to the Designated Official within ten (10) days after the action of the Designated Official which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal. In hearing such appeals, the Planning and Zoning Commission shall review the determination of the Designated Official and, in doing so, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall forward a recommendation to the Town Council, who shall act on the subject of the appeal. A decision of the Council shall be final. D. Unique signs that demonstrate increased quality and standards but do not meet the dimension standards provided in this section may be permitted by means of "meritorious exception" as provided in Section 4.13 — Meritorious Exception and Appeals. Section 4.14 Maintenance of Signs IGM►VF1 1 Each Sign allowed by this Article shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign. The Building Official shall require compliance or removal of any Sign Planning and Zoning Commission Page 144 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 determined by the Building Official to be in violation of this section in accordance with the enforcement provisions set forth below. B. Dilapidated or Deteriorated Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dilapidated or deteriorated condition as defined herein. Upon notice of violation, any such Sign shall be promptly removed or repaired by the owner of the Sign or the Owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. Section 4.15 Violations A. A person shall be responsible for a violation of this Article if the person is: 1. The permit holder, owner, agent, or person(s) having the beneficial use of the sign, 2. The Owner of the land or structure on which the sign is located; or 3. The person in charge of erecting the sign. B. It shall be unlawful for any person to erect, replace, alter, or relocate any Sign within the Town of Trophy Club, or cause the same to be done, without first obtaining a permit to do so from the Building Official of the Town of Trophy Club, except as expressly allowed by by this Article. C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued existence of any sign for which the required permit was not obtained. D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any sign in violation of the provisions of this Article within the Town of Trophy Club or its extraterritorial jurisdiction. E. It shall be unlawful for any person to intentionally, knowingly or recklessly violate any term or provision of this Article. Section 4.16 Enforcement A. Authority The Designated Official is hereby authorized to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the corporate Town limits of Trophy Club or its extraterritorial jurisdiction, in accordance with the enforcement mechanisms set forth in this section. Planning and Zoning Commission Page 145 of 151 December 3, 2015 Approved Sign Ordinance Amendments -10/13/2015 B. Notice of Violation When the Designated Official determines that a Sign located within the corporate Town limits or extraterritorial jurisdiction of Trophy Club is dilapidated, deteriorated, illegal, prohibited or abandoned, he shall issue a notice of violation to the Owner of the Sign or to the owner, occupant, or person in control of the property on which the sign is located. 1. Contents of Notice of Violation: The notice of violation shall contain: a. Name of the owner, occupant, manager or other person in control of the property. b. Street address sufficient to identify the property on which the alleged violation occurred. c. Description of alleged violations and reference to the provisions of this Article that have been violated. d. Statement of the action required to correct the violation and a deadline for completing the corrective action. e. Statement that failure to take the corrective action within the time specified may result in one or both of the following consequences: i. A criminal penalty not exceeding the maximum amount allowed by law for each violation, ii. The Town filing a civil action against owner seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each violation. f. Statement informing recipient of their right to appeal the decision of the Designated Official. 2. Service of Notice of Violation The Designated Official shall serve a written notice of violation on the Owner of the sign, or the Owner, occupant, or person in control of the property on which the sign is located. The notice of violation should be served by either hand - delivery or by certified mail, return receipt requested. Service by certified mail shall be effective three (3) days after the date of mailing. Planning and Zoning Commission Page 146 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 Section 4.17 Enforcement Remedies A. Criminal Penalties Any person, firm or corporation violating any of the provisions or terms of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and every day or portion thereof that such violation shall continue shall constitute a separate offense. B. Civil Remedies The Town may file a civil action in State District Court to enforce the requirements of this Article, seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each offense as authorized by the Texas Local Government Code, as amended, or any other applicable law. C. Emergency Removal of Sign The Town may remove a Sign, immediate and imminent threat to deteriorated or structural condition. D. Remedies Cumulative which the Designated Official finds to be an the public safety because of its dilapidated, All remedies authorized under this Article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this Article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal." Section 4.18 Prohibition A. All signs not specifically authorized by this Article shall be prohibited. The following list is illustrative and is not intended to be an exhaustive listing of prohibited signs: 1. Obsolete Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, an obsolete sign. 2. Obstructing Signs Planning and Zoning Commission Page 147 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 No person shall erect or allow to be displayed upon premises owned or controlled by them, a sign that prevents free ingress to or egress from any door, window or fire escape. 3. Signs displaying materials determined to be obscene by a court of law. 4. Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic control device by vehicular or pedestrian traffic. No sign shall be erected which, by reason of shape, color, size, design or position, would be reasonably likely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right-of-way, including without limitation, a Vision Triangle. 5. Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code of the Town of Trophy Club or by Fire Department regulations. 6. A -frame and sandwich board signs. 7. Signs located on public property, including but not limited to signs attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. 8. Roof Signs. 9. Signs attached to a standpipe or fire escape. 10. Bandit Signs 11.Awning Signs 12. Fence Signs 13. Flashing Signs 14. Off -Premise (except as expressly allowed in this Article) 15. Projecting Signs 16. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or structure except as otherwise allowed by this Article." Planning and Zoning Commission Page 148 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SFrITION F 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. SECTION 7. PUBLICATION Planning and Zoning Commission Page 149 of 151 December 3, 2015 Approved Sign Ordinance Amendments - 10/13/2015 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 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 13th day of October, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Planning and Zoning Commission Page 150 of 151 December 3, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0795-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 11/24/2015 In control: Planning & Zoning Commission On agenda: 12/3/2015 Final action: Title: Discussion and presentation from staff on the authority, duties and procedures of the Planning and Zoning Commission. Attachments: Date Ver. Action By Action Result Discussion and presentation from staff on the authority, duties and procedures of the Planning and Zoning Commission. Planning and Zoning Commission Page 151 of 151 December 3, 2015