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Agenda Packet P&Z 01/21/2016Trophy Club Entities TOWN OF Meeting Agenda TROPHY CLUB Thursday, January 21, 2016 Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM 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. PUBLIC HEARING 1. 2016-09-T Public hearing regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. 2. 2016-10-T Public hearing regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. 3. 2016-11-T Public hearing regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Planning & Zoning Commission 1 of 271 Meeting Date: Thursday, January 21, 2016 Planning & Zoning Commission Meeting Agenda January 21, 2016 REGULAR SESSION 4. 2016-12-T Discussion and recommendation regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Attachments: Staff Report.pdf Exhibit A. Pdf Exhibit B.Pdf Exhibit C.Pdf Exhibit D.Pdf 5. 2016-13-T Discussion and recommendation regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. Attachments: Staff Report.pdf Exhibit A. pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.Pdf Exhibit E.Pdf Exhibit F.Pdf Exhibit G.pdf 6. 2016-14-T Discussion and recommendation regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Attachments: Staff Report.pdf Exhibit A. pdf Exhibit B.Pdf Exhibit C.Pdf Exhibit D.Pdf 7. 2016-15-T Town Planner Updates; discussion of sign ordinance amendments; Discussion on current Town development issues and development codes. Attachments: 2015 Sign Regulations Letter FINAL.pdf Sign Ordinance FAQ Approved Sign Ordinance Amendments 10-13-2015.pdf Planning & Zoning Commission 2 of 271 Meeting Date: Thursday, January 21, 2016 Planning & Zoning Commission Meeting Agenda January 21, 2016 8. 2016-16-T Discussion and presentation from staff on the authority, duties and procedures of the Planning and Zoning Commission. ADJOURN Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on January 15, 2016 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ROBBIE KILLINGSWORTH RECORDING SECRETARY 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 Commission was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of --,2016. Title: Planning & Zoning Commission 3 of 271 Meeting Date: Thursday, January 21, 2016 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-09-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Public hearing regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Attachments: Date Ver. Action By Action Result Public hearing regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Planning & Zoning Commission 4 of 271 Meeting Date: Thursday, January 21, 2016 100 ipal ive Trophy Club Entities Trophy Club,oTexaDsr76262 Legislation Details (With Text) File #: 2016-10-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Public hearing regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. Attachments: Date Ver. Action By Action Result Public hearing regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. Planning & Zoning Commission 5 of 271 Meeting Date: Thursday, January 21, 2016 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-11-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Public hearing regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Attachments: Date Ver. Action By Action Result Public hearing regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Planning & Zoning Commission 6 of 271 Meeting Date: Thursday, January 21, 2016 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-12-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Discussion and recommendation regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Attachments: Staff Reoort.odf Exhibit A.0 Exhibit B.0 Exhibit C.odf Exhibit D. Date Ver. Action By Action Result Discussion and recommendation regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on - premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Planning & Zoning Commission 7 of 271 Meeting Date: Thursday, January 21, 2016 T(cTOWN OF l*: TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission January 21, 2016 SUP -16-007: Specific Use Permit for Alcohol Sales for On - Premise Consumption Bread Winners Cafe - 3000 State Highway 114 SUBJECT: Discussion and recommendation regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007 REQUEST: DM2, LLC, on behalf of Old Town Development, LLC, is requesting approval of a Specific Use Permit (SUP) for the sale of alcoholic beverages for on -premise consumption for the new "Bread Winners Cafe" at the southeast corner Trophy Wood Drive and SH 114. Included with the restaurant is a bar which will be called "The Quarter Bar". Similar to any restaurant that contains a sectional bar as part of the establishment, "The Quarter Bar" will be the primary server of alcohol on the premises and will operate under the same Certificate of Occupancy as the "Bread Winners Cafe" and, therefore, will not operate as separate businesses. Given this condition, the SUP request applies to the entire property. 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. SITE PLAN APPROVAL / DEVELOPMENT DETAILS: The Town Council approved the final site plan, landscape plan, building elevations, sight line study and photometric plan for the restaurant (attached as Ordinance 2015-44 P&Z) on December 8, 2015 including waivers to the building signage as shown on the approved building elevations. Other than approval of the current SUP request, no other legislative approvals are necessary in order for the restaurant to begin operations. The proposed restaurant will be 7,716 square feet in size. Page 1 of 2 Planning & Zoning Commission 8 of 271 Meeting Date: Thursday, January 21, 2016 DISTANCE REQUIREMENTS AND PROXIMITY INFORMATION: Section 5.02(B) of the Trophy Club Code of Ordinances states that no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, or public hospital. The following measurements detail the proximity of the restaurant to the uses listed below. All measurements are calculated based on a straight line drawn from the front door of the restaurant to the closest point of the building mentioned below. For churches and hospitals the required measurement method prescribed by the Code of Ordinances would yield a significantly greater distance than is shown below: Minimum separation of 300 feet required per Code of Ordinances: Distance to closest school (public or private): Distance to closest church: Distance to closest hospital: No minimum separation required: Distance to closest residence: 1.2 miles (Walnut Grove Elementary School — Carroll ISD) 3,500 feet (Lake Cities Church of Christ) 1,500 feet (Baylor Medical Center) 500 feet 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 21 property owners within 500 feet of the subject property. To date no correspondence has been received. STAFF REVIEW AND RECOMMENDATION: The applicant is requesting an SUP for the sale of alcoholic beverages for on -premise consumption for the new Bread Winners restaurant, which includes The Quarter Bar. The restaurant meets the proximity requirements from churches, schools and hospitals set forth in the Code of Ordinances. According to the Code of Ordinances, alcoholic beverage sales for on -premise consumption are allowed with the approval of a Specific Use Permit by the Town Council upon a recommendation by the Planning and Zoning Commission. Staff recommends approval. Attachments: Exhibit "A" — Breadwinners Cafe Menu Exhibit "B" — Ordinance 2015-44 P&Z Exhibit "C" — PD 25 Ordinance Exhibit "D" — Location and Zoning Map Page 2 of 2 Planning & Zoning Commission 9 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A = EST. IS94= P V -,qql 40 40 Ammftlk BAKERY 1131STRO UPTOWN 3301 MCKINNEY AVE @ HALL STREET, 214.754.4940 INWOOD VILLAGE 5560 WEST LOVERS LANE @ INWOOD, 214.351 .3339 PLANO 4021 PRESTON ROAD, LAKESIDE SHOPPING CENTER, 972.312.9300 NORTH PARK CENTER 8687 NORTH CENTRAL EXPRESSWAY, 469.232.9798 CATERING 3301 MCKINNEY AVE @ HALL STREET, 214.754.0099 VISIT OUR WEBSITE - WWW.BREADWINNERSCAFE.COM LIKE US ON FACEBOOK.COMIBREADWINNERSCAFE FOLLOW US ON TWITTER @BREAD_WINNERS ASK YOUR SERVER ABOUT OUR WINNERS CIRCLE WEEKLY DINNER SPECIALS TUESDAY 1/2 PRICED FLATBREADS WEDNESDAY l2 PRICED BOTTLES OF Wit, THURSDAY 1/2 PRICED MARTINIS SUNDAY FREE DESSERT WITH DINNEI =EST. 1994= 10 of 271 Meeting Date: Thursday, January 21, 2016 UPTOWN • INWOOD VILLAGE Exhibit A NORTHPARK • PLANO • CATERING BREAKFAST HEALTHY START HANDMADE GRANOLA BAR 2.99 STEEL CUT OATMEAL TOPPED WITH BANANA AND GRANOLA 5.99/3.99 HOMEMADE GRANOLA WITH BANANA AND STRAWBERRIES WITH MILK OR YOGURT 7.99/5.99 FRESH FRUIT ASSORTMENT WITH HOMEMADE MUFFIN 9.99 ADD LOW FAT YOGURT TO ANYTHING 1.39 PANCAKES.FRENCH TOAST.WAFFLES ADD BLUEBERRIES, BANANA, STRAWBERRIES 2.59 ADD 2 STRIPS JALAPENO BACON OR 2 PORK SAUSAGE LINKS 3.79 ADD 2 STRIPS BACON OR HAM 2.99 ADD 2 EGGS 1.99 BUTTERMILK PANCAKES 6.99/4.99 BACON/ PANCAKES 10.99/8.99 PLAINT WAFFLE 6.99 HALF WAFFLE 3.99 BAKED PECAN/ WAFFLE 8.99 FRESH STRAWBERRIES AND CREAM WAFFLE 8.99 JALAPENO BACON/ AND CHEDDAR WAFFLE 11.99 CINNAMON ROLL FRENCH TOAST 7.99 TUSCAN/ FRENCH TOAST 7.9925.99 BANANA BREAD FRENCH TOAST WITH FRESH BANANA AND WHIPPED CREAM 9.99 SCRAMBLES 11.99 3 EGGS AND SERVED WITH BRUNCH POTATOES ADD TOAST 2.39 EGG WHITES OR EGG SUBSTITUTE AVAILABLE AT NO CHARGE MIDAS CRISPY CORN TORTILLA STRIPS, CHORIZO, ONIONS, PEPPERS, CHEDDAR, JALAPENO, PICO DE GALLO MCKININIEY AVENUE CHICKEN APPLE SAUSAGE, BROCCOLI, JACK, ONION FARMHOUSE JALAPENO BACON, POTATOES, ONION, CHEDDAR VEGGIE SPINACH, BROCCOLI, MUSHROOM, ONION, ASPARAGUS, ARTICHOKE HEARTS, HERB CREAM CHEESE LEO'S FAVORITE GRILLED CHICKEN, HAM, ONION, TOMATO, JACK, HOLLANDAISE DRINKS ITALIAN ROAST COFFEE 2.99 CAPPUCCINO OR LATTE 3.99 CHAI LATTE OR ESPRESSO 2.99 CAFE MOCHA 3.99 ICED TEA OR LEMONADE 2.99 STILL OR SPARKLING WATER 2.99 APPLE OR CRAN JUICE 2.99/3.99 V-8 JUICE 2.99 FOUNTAIN SODA 2.99 CAPPUCINO OR LATTE 3.99 HOT TEA ASSORTMENT 2.99 MEXICAN HOT CHOCOLATE 3.99 FOUNTAIN SODA 2.99 FRESH ORANGE JUICE 2.99/3.99 GRAPEFRUIT JUICE 2.99/3.99 THE FINE PRINT — THERE IS A RISK ASSOCIATED WITH RAW SHELLFISH & UNDERCOOKED PROTEINS. OUR KITCHEN USES NUTS, DAIRY, EGGS AND GLUTEN PRODUCTS. PLEASE MAKE YOUR SERVER AWARE OF ANYAND ALL FOOD ALLERGIES AT THE TABLE. NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. =EST. 1994= Planning & Zoning Commission 11 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A �gE��d BAKERY wwww"', I SrrT ' O UPTOWN • INWOOD VILLAGE ��1 NORTHPARK- PLANO• CATERING SPECIALTIES THE DELUXE BRIOCHE BUN, CRISPY PORK BELLY, CARAMELIZED ONION, SRIRACHA MAYO. AVOCADOS. SUNNY SIDE UP EGG WITH FRESH FRUIT 13.99 MONTERREY ENCHILADAS 2 FLOUR TORTILLAS FILLED WITH EGGS AND CHEDDAR CHEESE TOPPED WITH QUESO, RANCHERO SAUCE AND PICO DE GALLO WITH BLACK BEANS AND BRUNCH POTATOES 13.99 FRIED CHICKEN AND WAFFLES JALAPENO BACON CHEDDAR WAFFLES, CRISPY CHICKEN, CREAM GRAVY, HENRY'S HOT SAUCE 15.99 BEEMAN RANCH AKAUSHI STRIP & EGGS 8 OUNCES WITH DEMI GLACE, BRUNCH POTATOES AND TOAST OR BUTTERMILK BISCUIT 17.99 CHICKEN FRIED RIBEYE AND EGGS SAUSAGE GRAVY, BRUNCH POTATOES AND BUTTERMILK BISCUIT 15.99 BREAKFAST CLUB 2 OVER HARD EGGS, BACON, HAM, CHEESES, LETTUCE, TOMATO, MAYO ON GRILLED CIABATTA WITH FRUIT 11.99 BW BENEDICT TOASTED ENGLISH MUFFIN, 2 OVER EASY EGGS, HAM, HOLLANDAISE SERVED WITH BRUNCH POTATOES 12.99 FRENCH HAM BENEDICT CROISSANT, 2 OVER EASY EGGS, HAM, FRESH ASPARAGUS, HOLLANDAISE WITH BRUNCH POTATOES 13.99 VEGETARIAN BENEDICT TOASTED ENGLISH MUFFIN, 2 OVER EASY EGGS, GRILLED VEGGIES, HOLLANDAISE AND BRUNCH POTATOES 12.99 CROQUE MADAME GRILLED TUSCAN BREAD WITH HAM, SWISS, JALAPENO CREAM GRAVY, SUNNY SIDE UP EGG AND SERVED WITH BRUNCH POTATOES 13.99 BREAKFAST TACOS 2 FLOUR TORTILLAS, EGGS, CHORIZO, ONIONS AND PEPPERS, CHEDDAR WITH SALSA, JALAPENOS AND BRUNCH POTATOES 10.99 FARMHOUSE TACOS 2 FLOUR TORTILLAS, EGGS, POTATOES, JALAPENO BACON, ONIONS, CHEDDAR WITH SALSA AND BRUNCH POTATOES 10.99 BASIC BREAKFAST 2 EGGS ANY STYLE, BRUNCH POTATOES OR CHEDDAR GRITS, YOUR CHOICE OF TOAST OR BUTTERMILK BISCUIT 7.99 ADD BACON OR HAM 10.99 ADD JALAPENO BACON OR CRISPY PORK BELLY OR CHICKEN APPLE SAUSAGE 12.99 SMOKED SALMON BAGEL TOASTED AND TOPPED WITH TOMATO, ONION, CAPERS, HERB CREAM CHEESE WITH FRUIT 12.99 BISCUITS AND SAUSAGE GRAVY MILLER'S LLANO SMOKEHOUSE PORK SAUSAGE LINKS 9.99/6.99 ADD 2 EGGS 1.99 SIDES JALAPENO BACON OR MILLERS LINKS BACON OR SMOKED HAM 3.99 CHICKEN APPLE SAUSAGE 4.99 CRISPY MAPLE PORK BELLY 4.99 CHEDDAR GRITS, BRUNCH POTATOES TOAST — WHOLE WHEAT, SOURDOUGH, MARBLE RYE, TOMATO BASIL, BAGEL, ENGLISH MUFFIN 2.99 FRESH FRUIT 4.59 CROISSANT 2.59 CHEESY BRUNCH POTATOES 4.59 WARM CINNAMON ROLL 2.99 WARM PECAN ROLL 3.29 HOMEMADE MUFFIN 2.29 HANGOVER ELIXERS 4.99 TRADITIONAL MIMOSA 10 FROZEN BELLINI 8 BLOODY MARY 8 BLOODY DIABLO WITH JALAPENO BACON 10 3.59 FROZEN BLACKBERRY LEMONADE WITH DEEP EDDY VODKA 10 BRUNCH PUNCH WITH ST. GERMAIN, CHAMPAGNE, CRANBERRY 10 FRENCH KISS WITH PROSECCO, X RATED LIQUEUR 10 MANGO FIZZ WITH PROSECCO, MANGO 10 TEXAS BLUEBONNET MOJITO 10 TITO'S TEXAS SUNRISE 10 1994= Planning & Zoning Commission 12 of 271 Meeting Date: Thursday, January 21, 2016 I ' UPTOWN • INWOOD VILLAGE BAKERY Exhibit A =1;1111 11k Lei M I NORTHPARK • PLANO • CATERING ASSORTED MUFFINS 2.29 WARM CARAMEL PECAN ROLL 3.29 DAILY FRUIT DANISH 2.99 WARM CINNAMON ROLL 2.99 HEALTHY START HANDMADE GRANOLA BAR 2.99 STEEL CUT OATMEAL TOPPED WITH BANANA AND GRANOLA 5.99/3.99 HOMEMADE GRANOLA WITH BANANA AND STRAWBERRIES WITH MILK OR YOGURT 7.99/5.99 FRESH FRUIT ASSORTMENT WITH HOMEMADE MUFFIN 9.99 ADD LOW FAT YOGURT TO ANYTHING 1.39 SPECIALTIES FARMHOUSE TACOS 2 FLOUR TORTILLAS, EGGS, POTATOES, JALAPE&O BACON, ONION, CHEDDAR WITH BRUNCH POTATOES AND SALSA 10.99 BREAKFAST TACOS 2 FLOUR TORTILLAS, EGGS, CHORIZO, ONION, PEPPERS, CHEDDAR WITH BRUNCH POTATOES AND SALSA 10.99 JULIO'S HUEVOS 2 FLOUR TORTILLAS, GRILLED CHICKEN, ONION, PEPPERS, AVOCADO, EGGS, QUESO, CRISPY TORTILLA STRIPS WITH BRUNCH POTATOES AND SALSA 13.99 THE DELUXE BRIOCHE BUN, CRISPY PORK BELLY, CARAMELIZED ONION, AVOCADO, SRIRACHA MAYO, AVOCADOS, SUNNY SIDE UP EGG WITH FRESH FRUIT 13.99 FRIED CHICKEN AND WAFFLES JALAPEMO BACON CHEDDAR WAFFLES, CRISPY CHICKEN, CREAM GRAVY, HENRY'S HOT SAUCE, MAPLE SYRUP 15.99 BASIC BREAKFAST 2 EGGS ANY STYLE, BRUNCH POTATOES OR GRISTMILL CHEDDAR GRITS WITH YOUR CHOICE OF TOAST OR BUTTERMILK BISCUIT 7.99 ADD BACON OR HAM 10.99 ADD JALAPEMO BACON OR PORK SAUSAGE OR CRISPY MAPLE PORK BELLY OR CHICKEN APPLE SAUSAGE 11.99 MONTERREY ENCHILADAS 2 FLOUR TORTILLAS, EGGS, CHEDDAR CHEESE, QUESO, PICO DE GALLO, RANCHERO SAUCE WITH BLACK BEANS AND BRUNCH POTATOES 13.99 BEEMAN RANCH AKAUSHI STRIP AND EGGS 8 OUNCES WITH DEMI GLACE, BRUNCH POTATOES OR CHEDDAR GRITS AND CHOICE OF TOAST OR BUTTERMILK BISCUIT AND 2 EGGS ANY STYLE 17.99 CHICKEN FRIED RIBEYE AND EGGS WITH SAUSAGE GRAVY, BRUNCH POTATOES AND BUTTERMILK BISCUIT 15.99 CROQUE MADAME GRILLED TUSCAN BREAD WITH HAM, SWISS, JALAPEMO CREAM GRAVY, SUNNY SIDE UP EGG WITH BRUNCH POTATOES 13.99 BREAKFAST CLUB CIABATTA ROLL, 2 EGGS, BACON, HAM, CHEESE, MAYO, LETTUCE, TOMATO WITH FRESH FRUIT 11.99 BISCUITS AND SAUSAGE GRAVY MILLER'S LLANO SMOKEHOUSE PORK SAUSAGE LINKS 9.99/6.99 ADD 2 EGGS 1.99 HANGOVER ELIXERS TRADITIONAL MIMOSA 10 FROZEN BELLINI 8 BLOODY MARY 8 BLOODY DIABLO WITH JALAPENO BACON 10 FROZEN BLACKBERRY LEMONADE WITH DEEP EDDY VODKA 10 BRUNCH PUNCH WITH ST. GERMAIN, CHAMPAGNE, CRANBERRY 10 FRENCH KISS W/ PROSECCO, X RATED LIQUEUR 10 MANGO FIZZ WITH PROSECCO, MANGO 10 TEXAS BLUEBONNET MOJITO 10 TITO'S TEXAS SUNRISE 10 DRINKS ITALIAN ROAST COFFEE 2.99 CHAI LATTE OR ESPRESSO 2.99 CAFE MOCHA 3.99 ICED TEA OR LEMONADE 2.99 STILL OR SPARKLING WATER 2.99 APPLE OR CRAN JUICE 2.99/3.99 V-8 JUICE 2.99 CAPPUCCINO OR LATTE 3.99 HOT TEA ASSORTMENT 2.99 MEXICAN HOT CHOCOLATE 3.99 FOUNTAIN SODA 2.99 FRESH ORANGE JUICE 2.99/3.99 GRAPEFRUIT JUICE 2.99/3.99 Planning & Zoning Commission 13 of 271 Meeting Date: Thursday, January 21, 2016 UPTOWN • INWOOD VILLAGE Exhibit A NORTHPARK • PLANO • CATERING BENEDICTS 2 OVER EASY EGGS AND LADLED WITH HOLLANDAISE, SERVED WITH BRUNCH POTATOES BW BENEDICT SMOKED HAM, ENGLISH MUFFIN, HOLLANDAISE 12.99 SOUTHERN PULLED PORK, FRIZZLED ONIONS, BUTTERMILK BISCUIT, HENRY'S HOT SAUCE HOLLANDAISE 15.99 FRENCH HAM FRESH CROISSANT, ASPARAGUS, SMOKED HAM, HOLLANDAISE 14.99 CRAB CAKE SLICED TOMATOES, SAUTEED SPINACH, TUSCAN TOAST 15.99 VEGETARIAN ASPARAGUS, SPINACH, ARTICHOKE HEARTS, BROCCOLI ON TOASTED ENGLISH MUFFIN 12.99 SCRAMBLES ALL PREPARED WITH 3 EGGS AND SERVED WITH BRUNCH POTATOES EGG WHITES OR EGG BEATERS MAY BE SUBSTITUTED AT NO CHARGE, ADD TOAST 2.39 MIDAS CRISPY CORN TORTILLA STRIPS, CHORIZO, ONION, PEPPERS, CHEDDAR CHEESE, JALAPENOS, PICO DE GALLO 11.99 MCKINNEYAVENUE CHICKEN APPLE SAUSAGE, BROCCOLI, JACK CHEESE, ONION 11.99 FARMHOUSE POTATOES, JALAPENO BACON, ONION, CHEDDAR CHEESE 11.99 VEGGIE SPINACH, BROCCOLI, ARTICHOKE HEARTS, ONIONS, ASPARAGUS, MUSHROOMS, HERB CREAM CHEESE 11.99 LEO'S FAVORITE GRILLED CHICKEN, HAM, ONION, TOMATO, JACK, HOLLANDAISE 11.99 PANCAKES & WAFFLES ADD BLUEBERRIES OR BANANAS OR STRAWBERRIES 2.59. ADD RASPBERRIES 3.59 ADD 2 STRIPS BACON OR HAM 2.99. ADD 2 STRIPS JALAPENO BACON OR PORK LINKS 3.79 ADD CHICKEN APPLE SAUSAGE 3.99. ADD 2 EGGS 1.99. ADD TOAST 2.39 FRESH STRAWBERRIES AND CREAM WAFFLE 8.99 BANANAS FOSTER WAFFLE CRISPY WAFFLE DRENCHED IN WARM BANANA CARAMEL SAUCE AND TOPPED WITH FRESH BANANA AND WHIPPED CREAM 9.99 BAKED PECAN WAFFLE 8.99 JALAPE140 BACON AND CHEDDAR WAFFLE 11.99 PLAIN WAFFLE 6.99 HALF WAFFLE 3.99 BUTTERMILK PANCAKES 6.99/4.99 BACON PANCAKES BACON BAKED INSIDE AND TOPPED WITH 2 STRIPS 10.99/8.99 FRENCH TOAST ADD BLUEBERRIES OR BANANAS OR STRAWBERRIES 2.59, ADD RASPBERRIES 3.59 ADD 2 STRIPS BACON OR HAM 2.99. ADD 2 STRIPS JALAPENO BACON OR PORK LINKS 3.79 ADD CHICKEN APPLE SAUSAGE 3.99. ADD 2 EGGS 1.99. ADD TOAST 2.39 BANANA BREAD TOPPED WITH FRESH BANANA AND WHIPPED CREAM 9.99 TUSCAN THICK SLICES WITH POWDERED SUGAR 7.99/5.99 CINNAMON ROLL FRENCH TOAST TOPPED WITH POWDERED SUGAR 7.99 NORMANDY SLICED SOURDOUGH STUFFED WITH CREAM CHEESE AND RASPBERRY JAM. TOPPED WITH BERRIES AND WHIPPED CREAM 9.99 SIDES JALAPENO BACON OR MILLERS LINKS BACON OR SMOKED HAM 3.99 CHICKEN APPLE SAUSAGE 4.99 CRISPY MAPLE PORK BELLY 4.99 CHEDDAR GRITS, BRUNCH POTATOES TOAST - WHOLE WHEAT, SOURDOUGH MARBLE RYE, TOMATO BASIL, BAGEL, ENGLISH MUFFIN 2.99 4.99 FRESH FRUIT 4.59 CROISSANT 2.59 CHEESY BRUNCH POTATOES 4.59 ' WARM CINNAMON ROLL 2.99 3.59 WARM PECAN ROLL 3.29 HOMEMADE MUFFIN 2.29 =EST. 1994= Planning & Zoning Commission 14 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A �gE�d BAKERY B I S T R O UPTOWN INWOOD VILLAGE ��1 NORTHPARK • PLANO • CATERING , SALADS BLEUD CHEESE WEDGE ROMAINE WEDGE, JALAPENO BACON, TOMATO, CANDIED PECANS, RED ONION, BLEU CHEESE CRUMBLES, BLEU CHEESE DRESSING 8.99/11.99 QUEEN OF HEARTS GREENS, GRILLED CHICKEN, HEARTS OF PALM, ARTICHOKE j HEARTS, CELERY, BELL PEPPERS, RADISHES, BALSAMIC VINAIGRETTE 8.99/11.99 SAN FRANCISCO COBS GREENS, BACON, GRILLED CHICKEN, HARD COOKED EGG, j TOMATO, AVOCADO, BLEU CHEESE CRUMBLES, BLEU CHEESE DRESSING 8.99/11.99 CRUNCHY GARDEN GREENS, VEGGIES, SUNFLOWER SEEDS, CROUTONS, HERBVINAIGRETTE 7.99/10.99 SAN®YY ICH ES WITH CHOICE OF FRIES, PASTA SALAD, ORZO SALAD OR HOMADE POTATO CHIPS, SUB SWEET POTATO FRIES OR FRESH FRUIT ADD $1 GLUTEN FREE BUN AVAILABLE ADD $1 CALIFORNIA TURKEY CLUB TURKEY, LETTUCE, TOMATO, BACON, SPROUTS, MAYO, AVOCADO ON FRESH BAKED CROISSANT 11.99 RASPBERRY CHIPOTLE CHICKEN CHICKEN BREAST, BACON, JACK, MAYO, RASPBERRY CHIPOTLE SAUCE ON GRILLED CIABATTA 12.99 GRILLED VEGETABLE (MELT PORTABELLA MUSHROOMS, SWEET RED PEPPER, SUMMER SQUASH, ZUCCHINI, RED ONION, PESTO, ROASTED GARLIC AIOLI, MOZZARELLA ON GRILLED CIABATTA 11.99 UPTOWN TUNA (MELT ALBACORE TUNA SALAD, TOMATO, JACK AND CHEDDAR, ON GRILLED MARBLE RYE 1 1.99 JALAPENO BACON BLT ON GRILLED SOURDOUGH 10.99 SONOMA CHICKEN BLACKENED CHICKEN BREAST, ROASTED GREEN CHILIS, JACK, CHIPOTLE AIOLI ON GRILLED SOURDOUGH 11.99 TORTILLAROLLU PS WITH CHOICE OF FRENCH FRIES, PASTA SALAD, ORZO SALAD OR HOMEADE POTATO CHIPS, SUB SWEET POTATO FRIES OR FRSH FRUIT ADD $1 CALIFORNIA CHICKEN, LETTUCE, TOMATO, BACON, AVOCADO, JACK, RANCH 11.99 PORTABELLA SPINACH, ONION, ARTICHOKE, TOMATO, HUMMUS, JACK CHEESE 11.99 SOUTHERN FRIED CHICKEN TOMATO, PICKLES, FRIZZLED ONIONS, JACK, LETTUCE, CHIPOTLE AIOLI 11.99 BURGERS BEEMAN RANCH AKAUSHI BEEF WITH CHOICE OF FRIES, PASTA SALAD, ORZO SALAD OR HOMEADE POTATO CHIPS SUB SWEET POTATO FRIES OR FRESH FRUIT ADD $1, SUB GLUTEN FREE BUN ADD $1 ADD SUNNY SIDE UP EGG, REGULAR OR JALAPENO BACON, CARAMELIZED ONIONS OR SAUTEED MUSHROOM $1 EACH GREEN CHILE JALAPE&O BACON BURGER PEPPER JACK CHEESE, LETTUCE, TOMATO, MAYO 12.99 LEO'S ROYALE CARAMELIZED ONION, BEER CHEDDAR, SPECIAL SAUCE, j LETTUCE, TOMATO 12.99 j TURKEY BURGER GRILLED ONIONS, LETTUCE, TOMATO, SUNDRIED TOMATO KETCHUP 10.99 i VEGETARIAN PATTY (MELT NO BURGER PATTY, EXTRA PORTABELLAS 10.99 PORTABELLA BEEF PATTY (MELT ONION, SWISS, SRIRACHA MAYO ON GRILLED MARBLE RYE 12.99 THE FINE PRINT — THERE IS A RISK ASSOCIATED WITH RAW SHELLFISH & UNDERCOOKED PROTEINS. OUR KITCHEN USES NUTS, DAIRY, EGGS AND GLUTEN PRODUCTS. PLEASE MAKE YOUR SERVER AWARE OF ANY AND ALL FOOD / ALLERGIES AT THE TABLE. NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. \ Planning & Zoning Commission 15 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A 4gE�•d BAKERY BISTRO.......................................iu� \ / UPTOWN INWOOD VILLAGE �1 NORTHPARK PLANO • CATERING , 00 LUNCH SALADS SAN FRANCISCO COBB GREENS, GRILLED CHICKEN, BACON, AVOCADO, HARD EGG, TOMATO, BLEU CHEESE CRUMBLES, BLEU CHEESE DRESSING 8.99/11.99 GREEK CHICKEN GREENS, GRILLED CHICKEN, TOMATO, ARTICHOKE HEARTS, BELL PEPPER, KALAMATA OLIVES, CUCUMBER, RED ONION, FETA CHEESE, CREAMY CUCUMBER DRESSING, WARMPITABREAD 8.99/11.99 SOUTHERN FRIED CHICKEN GREENS, CRISPY CHICKEN, RED ONION, CHEDDAR, 90110 BACON, CHERRY TOMATOES, SLICED ALMONDS, HONEY MUSTARD DRESSING 8.99/11.99 ALBUQUERQUE TURKEY GREENS, SMOKED TURKEY, BLACK BEANS, CORN SALSA, CHERRY TOMATO, JACK CHEESE, CRISPY TORTILLAS, CHILE CUMIN VINAIGRETTE 8.99/11.99 QUEEN OF HEARTS GREENS, GRILLED CHICKEN, HEARTS OF PALM, CELERY, ARTICHOKE HEARTS, BELL PEPPERS, RADISHES, BALSAMIC VINAIGRETTE 8.99/11.99 BLEU CHEESE WEDGE ROMAINE WEDGE, JALAPENO BACON, TOMATO, CANDIED PECANS, ONION, BLEU CHEESE DRESSING AND BLEU CHEESE CRUMBLES 8.99/11.99 HONEY GLAZED SALMON GREENS, TOMATO, ASPARAGUS, ONION, ORANGE SECTIONS, LEMON SHALLOT VINAIGRETTE 14.99 PEAR AND GORGONZOLA GREENS, TOMATO, PEAR, CANDIED PECANS, GORGONZOLA CHEESE, BALSAMIC VINAIGRETTE 8.99/11.99 ADD GRILLED CHICKEN 3 LUMP CRAB CAKE ATOP GREENS, ROASTED CORN, ROASTED ALMONDS, CHERRY TOMATO, PEPPADEW VINAIGRETTE 16.99 CHINESE CHOP NAPA CABBAGE, GREENS, ALMONDS, GRILLED CHICKEN, MANDARIN ORANGES, CRISPY WONTON, THAI PEANUT DRESSING 8.99/11.99 CRUNCHY GARDEN GREENS, CUCUMBER, MUSHROOMS, CHERRY TOMATO, CROUTONS, SUNFLOWER SEEDS, HERB VINAIGRETTE 7.99/10.99 ADD GRILLED CHICKEN 3 CAESAR ROMAINE, TOMATOES, PARMESAN CHEESE, CROUTONS, TRADITIONAL OR LOWFAT DRESSING 7.99/10.99 ADD GRILLED CHICKEN 3 BLACK BEANS AND LENTILS CUBAN STYLE BLACK BEANS AND RED LENTILS OVER BROWN RICE WITH SOUR CREAM, SALSA AND CRISP CORN TORTILLA CHIPS 9.99 SANDWICHESWITH CHOICE OF FRIES, PASTA SALAD, ORZO SALAD OR HOMEMADE POTATO CHIPS. SUB SWEET POTATO FRIES OR FRESH FRUITADD $1 GLUTEN FREE BUN AVAILABLE ADD $1 SONOMA CHICKEN BLACKENED CHICKEN, ROASTED GREEN CHWS, JACK CHEESE, CHIPOTLEAIOLI ON GRILLED SOURDOUGH 11.99 UPTOWN TUNA MELT ALBACORE TUNA SALAD, TOMATO, JACK AND CHEDDAR, ON GRILLED MARBLE RYE 1 1.99 CROQUE MADAME GRILLED TUSCAN BREAD OPEN—FACED WITH HAM, SWISS, JALAPENO CREAM GRAVY, SUNNY SIDE UP EGG 13.99 JALAPE&O BACON BLT MAYO ON GRILLED SOURDOUGH 11.99 BW CUBANO PULLED PORK, HAM, SWISS, MUSTARD, MAYO, PICKLES, HENRY'S HOT SAUCE ON PRESSED CIABATTA 12.99 RASPBERRY CHIPOTLE CHICKEN BACON, JACK, MAYO, RASPBERRY CHIPOTLE SAUCE ON CIABATTA BUN 12.99 CALIFORNIA TURKEY CLUB TURKEY, LETTUCE, TOMATO, BACON, MAYO, SPROUTS, AVOCADO ON GRILLED CROISSANT 11.99 GRILLED VEGETABLE MELT PORTABELLA MUSHROOM, SWEET RED PEPPER, SUMMER SQUASH, ZUCCHINI, RED ONION, ROASTED GARLIC AIOLI, MOZZARELLA ON GRILLED CIABATTA 11.99 BUTTERMILK PANFRIED CHICKEN BREAST CREAMY JALAPENO SLAW, CHI POTLE AIOLI, ON GRILLED BRIOCHE BUN 11.99 ROAST BEEF PARMESAN CRUSTED SOURDOUGH, CARAMELIZED ONION, MUSHROOMS, HORSEY MAYO AND SWISS 12.99 HERBED CHICKEN SALAD LETTUCE, TOMATO ON TOMATO BASIL BREAD 10.99 COMBOS j #1 BOWL OF SOUP OR TURKEY CHILI AND HALF OF ANY SANDWICH i i OR COMBO SIZE OF ANY SALAD 10.99 #2 HALF OF ANY SANDWICH AND COMBO SIZE OF ANY SALAD 11.99 #.3 HALF OF ANY SANDWICH AND COMBO SIZE OF ANY SALAD WITH j CUP OF SOUP OR TURKEY CHILI 13.99 Planning & Zoning Commission 16 of 271 Meeting Date: Thursday, January 21, 2016 UPTOWN • INWOOD VILLAGE HOMEMADE SOUP Exhibit A NORTHPARK • PLANO • CATERING DIFFERENT EVERY DAY AND ALWAYS HOMEMADE BOWL 6.99 CUP 3.99 TURKEY CHILI WITH SOUR CREAM AND CHEDDAR CHEESE BOWL 6.99 CUP 3.99 TORTILLA ROLLUPS WITH CHOICE OF FRENCH FRIES, PASTA SALAD, ORZO SALAD OR HOMEMADE POTATO CHIPS, SUB SWEET POTATO FRIES OR FRESH FRUIT ADD $1 CALIFORNIA CHICKEN, LETTUCE, TOMATO, BACON, AVOCADO, JACK, RANCH 11.99 PORTABELLA SPINACH, ONION, ARTICHOKE, TOMATO, HUMMUS, JACK CHEESE 11.99 SOUTHERN FRIED CHICKEN LETTUCE, TOMATO, PICKLES, FRIZZLED ONIONS, JACK, LETTUCE, CHIPOTLE AIOLI 11.99 SOUTHWEST CHICKEN BLACKENED CHICKEN, CARAMELIZED ONIONS AND PEPPERS, JACK CHEESE, LETTUCE, CHIPOTLE AIOLI 1 1.99 BURGERS BEEMAN RANCH AKAUSHI BEEF WITH CHOICE OF FRIES, PASTA SALAD, ORZO SALAD, OR HOMEMADE POTATO CHIPS SUB SWEET POTATO FRIES OR FRESH FRUIT ADD $1 SUB GLUTEN FREE BUN ADD $1 ADD SUNNY SIDE UP EGG, REGULAR OR JALAPE&O BACON, CARAMELIZED ONIONS OR SAUTEED MUSHROOMS $1 EACH GREEN CHILE JALAPENO BACON BURGER PEPPER JACK CHEESE, LETTUCE TOMATO, MAYO 12.99 LEO'S ROYALE CARAMELIZED ONION, BEER CHEDDAR, SPECIAL SAUCE, LETTUCE, TOMATO 12.99 TURKEY BURGER GRILLED ONIONS, LETTUCE, TOMATO, SUNDRIED TOMATO KETCHUP 10.99 PORTABELLA BEEF PATTY MELT CARMALIZED ONION, SWISS, SRIRACHA MAYO ON GRILLED MARBLE RYE 12.99 VEGETARIAN PATTY MELT NO BURGER PATTY, EXTRA PORTABELLAS 10.99 TACOS FISH TACOS 2 FLOUR TORTILLAS, TEMPURA BATTERED COD, JALAPE&O SLAW, MANGO SALSA, CHIPOTLE AIOLI 12.99 PULLED PORK TACOS 2 FLOUR TORTILLAS, JACK CHEESE, JALAPE&O SLAW, CARAMELIZED PINEAPPLE, SALSA, CHIPOTLE AIOLI 12.99 SIDES FRENCH FRIES 3.99 PASTA SALAD, ORZO SALAD 3.99 SWEET POTATO FRIES 4.99 GARDEN SALAD, GRILLED VEGGIES 3.99 FRESH FRUIT 4.59 HUMMUS AND PITAS 6.99 HOMEMADE POTATO CHIPS 2.99 CHIPS AND SALSA 2.99 CUP OF SOUP OR CHILI 3.99 HANGOVER ELIXERS TRADITIONAL MIMOSA 10 BLOODY MARY 8 FROZEN BLACKBERRY LEMONADE W/ DEEP EDDY VODKA 10 FRENCH KISS W/PROSECCO, X RATED LIQUEUR 10 TEXAS BLUEBONNET MOJITO 10 DRINKS ICED TEA, LEMONADE, SODA 2.99 STILL OR SPARKLING 2.99 HOT TEA ASSORTMENT 2.99 ITALIAN ROAST COFFEE 2.99 CAPPUCCINO 3.99 CAFE MOCHA 3.99 CHAI LATTE, ESPRESSO 2.99 MEXICAN HOT CHOCOLATE 3.99 ICED CAPPUCCINO 3.99 FROZEN BELLINI 8 BLOODY DIABLO W/ JALAPENO BACON 10 BRUNCH PUNCH W/ST. GERMAIN, CHAMPAGNE, CRANBERRY 10 MANGO FIZZ W/PROSECCO, MANGO 10 TITO'S TEXAS SUNRISE 10 THE FINE PRINT -THERE IS A RISK ASSOCIATED WITH RAW SHELLFISH & UNDERCOOKED PROTEINS. OUR KITCHEN USES NUTS, DAIRY, EGGS AND GLUTEN PRODUCTS. PLEASE MAKE YOUR SERVER AWARE OF ANYAND ALL FOOD ALLERGIES AT THE TABLE. NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. =EST. 1994= Planning & Zoning Commission 17 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A BAKERY B I S T R O UPTOWN INWOOD VILLAG£ 4 �c1 NOi3THPAiiiZ • PLANO • CAT£i3ING , DINNER STARTERS HUMMUS AND PITAS HERB OIL, CHERRY TOMATOES 7 SPINACH AND ARTICHOKE DIP PARMESAN, TORTILLA CHIPS 8 PORK BELLY SLIDERS CRISPY PORK BELLY, CARAMELIZED ONION, FRESH SPINACH SRIRACHA MAYO 8 SPICY BLEU CHEESE POTATO CHIPS SRIRACHA, GREEN ONION 8 SOUTHERN LUMP CRAB CAKE SPICY REMOULADE 12 SMOKED GOUDA FONDUE PEPPADEW PEPPERS, BASIL, CRISPY TUSCAN BREAD 8 SOPRESSATA & CHEESE BOARD BEER CHEDDAR, ST. ANDRE, GORGONZOLA, SOPRESSATA, FIG JAM, ROASTED ALMONDS, CRISPY LAVOSH 14 FLATBREADS SOPRESSATA & PESTO PEPPADEW PEPPERS, SAN MARZANO TOMATO, MOZZARELLA 10 PULLED PORK CARAMELIZED ONION, BBQ, SHARP CHEDDAR, HOUSE RANCH 10 VEGETARIAN CREAMY SPINACH AND ARTICHOKE, MUSHROOMS, BLISTERED TOMATOES, FRESH PARMESAN CHEESE 10 MARGHERITA TOMATO, BASIL, FRESH MOZZARELLA CHEESE 10 MAINS AFTER 5 FREE RANGE ROASTED CHICKEN FRESH HERBS, SEASONAL VEGETABLE ORZO, PEPPADEW VINAIGRETTE 16 SHRIMP AND HOMESTEAD GRISTMILL SHARP CHEDDAR GRITS CARAMELIZED PORK BELLY, PEPPERS, HONEY SRIRACHA 15 BEEMAN RANCH AKAUSHI STRIP BRANDIED PEARL ONIONS, SEA SALTED FRIES 26 PAN SEARED SALMON GRILLED POTATO LEEK CAKE, ASPARAGUS GRAINED MUSTARD VINAIGRETTE 18 BLACKENED REDFISH CRAB BUERRE BLANC, FRENCH GREEN BEANS 19 BUTTERMILK PANFRIED CHICKEN BREAST CREAM GRAVY, LEEK MASHED POTATOES, JALAPEMO APPLE SAUCE 16 TUSCAN FARFALLE CHICKEN, PROSCIUTTO, MUSHROOM, SPINACH, PARMESAN CREAM SAUCE 15 BACON WRAPPED PORK TENDERLOIN GREEN CHILE MAC AND CHEESE, HOUSE BBQ SAUCE 16 FISH AND CHIPS HOMEMADE TARTAR SAUCE 14 ADD SHRIMP 6 BABY BELLA MUSHROOM ENCHILADAS CARAMELIZED ONION, JALAPE&O CREAM, BLACK BEANS, BROWN RICE 14 TURKEY SWEET POTATO MEATLOAF LEEK MASHED POTATOES, ROASTED TOMATO DEMI 15 BURGERS BEEMAN RANCH AKAUSHI BEEF WITH LETTUCE, TOMATO, AND CHOICE OF SIDE. SUB GLUTEN FREE BUN ADD $1. ADD SUNNY SIDE UP EGG, REGULAR OR JALAPENO BACON, CARAMELIZED ONIONS OR SAUTEED MUSHROOMS ADD $1 i LEO'S ROYALE CARAMELIZED ONION, BEER CHEDDAR, SPECIAL SAUCE LETTUCE, TOMATO 13 GREEN CHILE JALAPE140 BACON BURGER PEPPER JACK CHEESE 13 TURKEY BURGER GRILLED ONIONS, LETTUCE, TOMATO, SUNDRIED TOMATO KETCHUP 1 1 SIDES ALL 5 EACH DINNER SALAD CAESAR SALAD GRILLED ASPARAGUS FRENCH FRIES j PASTA SALAD STONE GROUND SHARP CHEDDAR GRITS . LEEK MASHED POTATOES GREEN CHILE MAC & CHEESE SWEET POTATO FRIES WITH CHIPOTLE AIOLI HOMEMADE CUP OF SOUP Cil vegerarnan irem %„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, =EST. 1994= Planning & Zoning Commission 18 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit A �gE��d BAKERY wwww"', I SrrT ' O UPTOWN • INWOOD VILLAGE ��1 NORTHPARK- PLANO• CATERING SALADS BLEU CHEESE WEDGE ROMAINE WEDGE, JALAPENO BACON, TOMATO, CANDIED PECANS, RED ONION, BLEU CHEESE CRUMBLES, BLEU CHEESE DRESSING 9/12 1 CRAB CAKE LUMP CRAB CAKE ATOP GREENS, CORN SALSA, ROASTED ALMONDS, CHERRY TOMATOES, PEPPADEW VINAIGRETTE 16 PEAR AND GORGONZOLA GREENS, TOMATO, PEAR, CANDIED PECANS, BALSAMIC VINAIGRETTE 9/12 ALBUQUERQUE TURKEY GREENS, SMOKED TURKEY, BLACK BEANS, CORN SALSA, CHERRY TOMATO, JACK CHEESE, CRISPY TORTILLAS, CHILE CUMIN VINAIGRETTE 9/12 SAN FRANCISCO COBB GREENS, BACON, GRILLED CHICKEN, HARD COOKED EGG, TOMATO, AVOCADO, BLEU CHEESE CRUMBLES, BLEU CHEESE DRESSING 9/12 GREEK CHICKEN GREENS, GRILLED CHICKEN, TOMATO, ARTICHOKE HEARTS, KALAMATA OLIVES, BELL PEPPER, CUCUMBER, RED ONION, FETA CHEESE, CREAMY CUCUMBER DRESSING, WARM PITA BREAD 9/12 HONEYSALMON GREENS, ASPARAGUS, ONION, ORANGE SECTIONS, LEMON SHALLOT VINAIGRETTE 14 TRADITIONAL CAESAR ROMAINE, CROUTONS, TOMATO, SHAVED PARMESAN CHEESE 8/12 ADD CHICKEN 3, ADD SHRIMP 6 LOWFAT DRESSING AVAILABLE SANDWICHESCHOICE OF SIDE. SUB GLUTEN FREE BUN ADD $1 RASPBERRY CHIPOTLE CHICKEN BACON, JACK CHEESE, MAYO ON CIABATTA BUN 12 CALIFORNIA TORTILLA ROLLUP GRILLED CHICKEN, BACON, AVOCADO, RANCH, JACK CHEESE, LETTUCE, TOMATO 1 1 GRILLED VEGETABLE MELT PORTABELLA MUSHROOMS, SWEET RED PEPPER, SUMMER SQUASH, ZUCCHINI, RED ONION, PESTO, ROASTED GARLIC AIOLI, MOZZARELLA ON GRILLED CIABATTA 12 11 BUTTERMILK FRIED CHICKEN CHIPOTLE AIOLI, JALAPENO SLAW ON BRIOCHE BUN 12 11 BW CUBANO PULLED PORK, HAM, SWISS, MUSTARD, MAYO, PICKLES AND HENRY'S HOT SAUCE ON PRESSED CIABATTA 12 ROAST BEEF PARMESAN CRUSTED SOURDOUGH, CARAMELIZED ONION, MUSHROOM, HORSEY MAYO, SWISS CHEESE 13 TACOS FISH TACOS 2 FLOUR TORTILLAS, TEMPURA BATTERED COD, JALAPENO SLAW, MANGO SALSA, CHIPOTLE AIOLI 13 PULLED PORK TACOS 2 FLOUR TORTILLAS, JACK CHEESE, JALAPENO SLAW, CARAMELIZED PINEAPPLE, SALSA, CHIPOTLE AIOLI 13 BREAKFAST FOR DINNER BEEMAN RANCH AKAUSHI STRIP AND EGGS GRISMILL CHEDDAR GRITS, DEMI GLACE SAUTEED SPINACH 18 IIFRIED CHICKEN AND WAFFLES JALAPENO BACON CHEDDAR WAFFLES, II CRISPY CHICKEN, CREAM GRAVY, HENRY'S HOT SAUCE, MAPLE SYRUP 16 CROQUE MADAME GRILLED TUSCAN BREAD WITH HAM, SWISS, JALAPENO CREAM GRAVY, SUNNY SIDE UP EGG 14 FRENCH HAM BENEDICT CROISSANT, HAM, ASPARAGUS, 2 OVER EASY EGGS, HOLLANDAISE, BRUNCH POTATOES 15 DRINKS TRADITIONAL MIMOSA 10 BLOODY MARY 8 FROZEN BLACKBERRY LEMONADE W/ DEEP EDDY VODKA 10 FRENCH KISS W/PROSECCO, XRATEDLIQUEUR 10 TEXAS BLUEBONNET MOJITO 10 FROZEN BELLINI 8 BLOODY DIABLO W/ JALAPENO BACON 10 BRUNCH PUNCH W/ST. GERMAIN, CHAMPAGNE, CRANBERRY 10 MANGO FIZZ W/PROSECCO, MANGO 10 TITO'S TEXAS SUNRISE 10 MARGARITA 10 THE FINE PRINT — THERE IS A RISK ASSOCIATED WITH RAW SHELLFISH & UNDERCOOKED PROTEINS. OUR KITCHEN USES NUTS, DAIRY, EGGS AND GLUTEN PRODUCTS. PLEASE MAKE YOUR SERVER AWARE OF ANYAND ALL FOOD ALLERGIES AT THE TABLE. NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. = f S T. 1994= Planning & Zoning Commission 19 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit B TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-44 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 ADOPTING EXHIBIT "D" ENTITLED "TRACT 3 DEVELOPMENT PLANS ", TO ADOPT EXHIBITS 3-1 THROUGH 3-6 TO EXHIBIT "D-3" FOR LOT 2R-2, BLOCK B, TROPHY WOOD ADDITION (TRACT 3) AS SET FORTH IN IN EXHIBITS 3-1 THROUGH 3-6 TO EXHIBIT "D-3"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDENTS TO ADOPT EXHIBITS 3-1 THROUGH 3-6 PROVIDING A FINAL DETAILED SITE PLAN, A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, AND A PHOTOMETRIC PLAN; 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 Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, on 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 its then current zoning of "CG", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the developer of Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) 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, for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and such amendments are set forth herein and in Exhibits 3-1 through 3-6 to Exhibit "D-3, entitled "Tract 3 Development Plans", and Planning & Zoning Commission 20 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit B 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, 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 Exhibit "D-3" entitled "Tract 3 Development 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 adopted to add the following regulations relating to Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and to incorporate Exhibits 3.1 through 3.6 to Exhibit "D-3" so that Exhibit "D" shall include the following and shall also include Exhibits 3.1 through 3.6, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. LOT 2R-2, BLOCK B, TROPHY WOOD BUSINESS CENTER (TRACT 3): A. Final Detailed Site Plan: A Final Detailed Site Plan for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development, and all parts therefore, is attached hereto as Exhibit "3.1", "Final Detailed Site Plan", of Exhibit D-3, "Tract 3 Development Plans", and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of Lot 2R-2, Block B, Trophy Planning & Zoning Commission 21 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit B Wood Business Center (Tract 3) 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 Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list for Lot 2R- 2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit "12", "Landscape Plan and Plant List", of Exhibit D-3, "Tract 3 Development Plans", and are incorporated herein as if copied in their entirety. C. Building Elevations. The building elevations for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit "3.3", "Building Elevations", of Exhibit D-3, "Tract 3 Development Plans", and are incorporated herein as if copied in their entirety. Roof signage and wall signage shall be permitted as shown on Exhibit "33". D. Site Line Studies. The site line studies for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit "3.4", "Site Line Studies", of Exhibit D-3, "Tract 3 Development Plans", and are incorporated herein as if copied in their entirety. E. Photometric Plan. A photometric plan for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development is set forth as Exhibit "15", "Photometric Plan", of Exhibit D-3, "Tract 3 Development Plans", which is attached hereto and incorporated herein as if copied in its entirety. F. Retaining Wall and Fence Criteria. The wall surrounding the dumpster enclosure for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development is set forth as Exhibit "3.6", "Retaining Wall and Fence Criteria", of Exhibit D-3, "Tract 3 Development Plans", which is attached hereto and incorporated herein as if copied in its entirety. G. All parking lot landscape islands shall meet the landscaping requirements in the Code of Ordinances. SECTION 3. 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. Planning & Zoning Commission 22 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit B 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. 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. Planning & Zoning Commission 23 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit B 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. 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. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of December, 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 & Zoning Commission 24 of 271 Meeting Date: Thursday, January 21, 2016 A HdOYl I I I i a i3a✓y�j I� \%di I IV yx�ne y I Iruj w y 8p� €'EE �eWa LL U UJ Z U 'c F& p g`EPA P'A U) z o Q K m � I � W :z W o ° z � o Lu 0 m 8 R It � � M m LL rc a \\ \ III g g I V A HdOYl I I I i a i3a✓y�j I� \%di I IV yx�ne y I Iruj w NUSI I J—� � I � � M \\ \ III g g I V V cn ��sr A HdOYl I I I i a i3a✓y�j I� \%di I IV yx�ne y I Iruj w A HdOYl I I I i a i3a✓y�j I� yx�ne w I J—� � I � A HdOYl I I I i a i3a✓y�j �3 j CL 0 N N 7 co co m -0 D N N N O N F c F, g 9� VFW, 3 �3 j CL 0 N N 7 co co m -0 D N N N O N § \ / E E 3 N / 0- LU \ - _ - - cr )}} )}( \ / \ \` \` \` \` 3 ) ) ) , ƒ/ � _ o - ( . ) .... / . .. : g[ §( z 3 / g:,: \ c �w�} --� \ \ 2 ±:e § \ / E E 3 N / 0- 33 M� F - w�e m 3N�;..a3doad LLI F� Q� as 3od.Noa�e<<3.a 0 w � Z c — F w U O O No 0 0 I I E m, i ao��doa. a m � F w � � � U d W Of Zz J Z v� �U S 0 w oO (n Of T N O W N c 0 0 0 U c 0 N 06 O d Lr) 0 MO C'4 16 CF) N O E E 0 0 N 06 i if NUJ AHd— - 9dtlJ SH3N— OH399 W W o N Z z J U U_ W u) m Z U LL 0 � U LLJ 0 L� Ou,�ow°z Z = O O > o O m O J S > y W W o C ~ f �o m U. Y S 0 m° 1 ti .l +i f I 1 I� pl � r '`M N O O co 0 .N E E 0 U c O N 06 c d Z v Z v W v 0 0ol m w ¢ v ¢ v o w z m w U)O 0 W CA W F M O ¢ 0 w z = � w x V _ ¢ _ � Q \_ - � 0, s 9�� z- Q� 0- NO 'AOo ITITUI�u�ll�u�Jh� =III=IrI�r-Irl�rl-III-Irl a Iril�ri=III-Irl-III-IrUrI-III-I. _-III�r=rl�rl=III-rUrl-, Q __= m Ill = a o I-lrl�rll�l�� = 1-uUII-uUII-uI-utile ° a "ri�rl-III-1rl-III-1iUil-III=i� - 1=11U11=11U11=III=11U1 e "Irl�u-uem-III-ueue� ¢£ „¢ eIIIW Him MlHmffl- -�Y ME .. Ilial Ili z �-o m ww oa z" a w ' w � E O U z w w a � m a o � E W m oW N F � � QU Z O ¢ W � F Lu d' H z �� U D w o0 0 m �� T N O M Exhibit C 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 & Zoning Commission 32 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 33 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 34 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 35 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 36 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 37 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Contents Exhibit "/\............................................................................................ Legal Description Exhibit"B"................................................................................................. Concept Pk]D Exhibit "C ................................................ ............................... ... Development Standards Planning & Zoning Commission 38 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "A" Legal Description Planning & Zoning Commission 39 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 uZoning Commission 40or271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 41 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 42 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Concept Plan Planning & Zoning Commission 43 of 271 Meeting Date: Thursday, January 21, 2016 I- 16] 5 -- "?Y �zu �"� 'tzk b�s� 8� pa x i5•` .CE es� a 5 a c` b G s elma=: a - 'S°.5 its- � .� s x`gias -10 law on :W: ;r# -es' E gut E$ �' syl re's t= rs5^ a.,•"a _ <?- ' §fid tka °b': £ES= �a eG� EE.E ?�*Y^ t Eae S S .Y PY"q�j` xE $ e"c e d F %tz .e§ "s_°q a ;#Y �. s § sa tt a�.Fi IS 13( adEgs s t @ eC s c C • sE sz $ 3. H a •� 6 3 t- %e 3 W E FF °a T _ �• a p §F -B@ £�� €E'. g a$ Ft°r sg .€gd sE ss a s.. is s Fs ao_ Fki ,. 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F s a° b few, 5 9- aE 5. s z.'� p 3 % F &5 s i a` a� ,. € ° $ : a E I �: $ �sS ¢py- ga: �. a_ee e a 3 tax _ p sF sF.,° [ES` E $ IN, h i R a s is g � rraE �d dt�e� d#:e yag• d$Es§ ar°i%S ue d&g d� ds a d : a K� dg r., d d= d� d x d d ' ma§% pf a,a Ie3, OVON ONIA V1 a-, aI r S r„I�Ip S 3�smrn.� II r, 6��'//p�' N O CE C O U 01 c 0 N 06 .E c d Exhibit C a -I W DID] ClOWN IN] WTI 1:991 RI In ikk Exhibit "C" Development Standards Planning & Zoning Commission 45 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 (2) Tract 6 shall allow all uses indicated with an asterisk (*) Planning & Zoning Commission 46 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C *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 & Zoning Commission 47 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (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 & Zoning Commission 48 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 49 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (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 & Zoning Commission 50 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 uZoning Commission 51 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 9. Retaining Wall and Fence Criteria; and h. Development Schedule Planning & Zoning Commission 52 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 53 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 54 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (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 & Zoning Commission 55 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 56 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (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 & Zoning Commission 57 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 58 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 59 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 60 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 61 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 62 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 63 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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-, A Planning & Zoning Commission 64 of 271 Meeting Date: Thursday, January 21, 2016 .4 0 CtlT P. N rn Exhibit C '3 SITE PLAN ix. I P • 15( A, '4 ;1 Tic i""! Air a T042 Ch CNQ h CMN M. L Planning & Zoning Commission 65 of 271 Meeting Date: Thursday, January 21, 2016 I Exhibit C �1""•.'•�. 4. sa " p I•, 1. gi' g, rs•, f • rte. IFS N IUB (( Wei ,r� oil 0° f --E•� u�-g � g". r,• �_ a L¢Sv �i� :•s it; f fj1 s ,gi .00 V 12 �: .E� esl E� � :� t �F' ,_e ice• e i F r• I E? ;S� 1� �`L Is � i SE ;i�{< 'fl {i f i = _ • '-'ii � P' t . � ke, r�.a .T :, r g i a � � ■r, rr:r. _ P?�� + `� � `�'=rrE a •#� °� � I f , r b. • rf L •Stx TnNl r,1 t',x11M FFIn NR l.l.er• I ANN APE PLAN (rre _rf e, ,gin .. r, ,r•xs eue .. s: �,,s Planning & Zoning Commission 66 of 271 Meeting Date: Thursday, January 21, 2016 0 Q N3 0 0 00 rr"yfl.� %Y N M Exhibit C I r rfllr• .,, ,A +-. 1 (I • � I r f 1 -' it S ! r •I w �� v Ti14CIPN•PNCIIhPPIh I!'1 i 1=P IRR[GAT7CN PLAF! Planning & Zoning Commission 67 of 271 Meeting Date: Thursday, January 21, 2016 lu•il[i. +� f 1{ f� 54� ! IS �A •[ �� ti, 1 (I • � I r f 1 -' it S ! r •I w �� v Ti14CIPN•PNCIIhPPIh I!'1 i 1=P IRR[GAT7CN PLAF! Planning & Zoning Commission 67 of 271 Meeting Date: Thursday, January 21, 2016 lu•il[i. +� f f� 1 (I • � I r f 1 -' it S ! r •I w �� v Ti14CIPN•PNCIIhPPIh I!'1 i 1=P IRR[GAT7CN PLAF! Planning & Zoning Commission 67 of 271 Meeting Date: Thursday, January 21, 2016 a N C3 O qO A Q N M X rt Exhibit C f _„r 11ANwr N INN & SUITES Rlghlowlrr lohnsan F F 94 tJA7T5rdS"l'ORIF;S 5^w Tsoclatcc. S TROPHY CLUB, TX t Planning & Zoning Commission 68 of 271 Meeting Date: Thursday, January 21, 2016 —RESIDENCES T( THE NVV PROPERTY LRVE 'ESU 1171L . N y _ IIC7 IC7 y " ;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 11ANwr N INN & SUITES Rlghlowlrr lohnsan F F 94 tJA7T5rdS"l'ORIF;S 5^w Tsoclatcc. S TROPHY CLUB, TX t Planning & Zoning Commission 68 of 271 Meeting Date: Thursday, January 21, 2016 Aw. 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J � F o ''�2 O 2M L9 a� W R J G a IL O~ ' ❑ m} m an Oaw y d OrO Z Z fH — 1 r w�. �O J ULaw aWe z x Q4 n hdu 0 Qa 60 Q mD mW F!_' w v O w W h Y J r `a W 4 w 0 O O d m c7 m m .n ? V C W N O N 0 E >_ O U 0) O N 06 0) ig CL ` -J 4 LU W a W t �s W �r w Q m a c z I r N O O .N E E O U 0) O N 06 O) IL EMU 4 LU W a W t �s W �r w Q m a c z I r N O O .N E E O U 0) O N 06 O) IL A N co IL I- W Exhibit C 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 & Zoning Commission 75 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 76 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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 & Zoning Commission 77 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Rw—o(Wid n'. Town Attorney Town of Trophy Club, Texas Planning & Zoning Commission 78 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.1 " Final Detailed Site Plan 40 .r. l . PunN L I v,LLur narixam�nm ' � I r.w�rav• A Planning & Zoning Commission 79 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.2°` Landscape Plan & plant List .4 'I'll stirs xs-r.. DF ri._ u�caa�co�na �3 'I-�� i-�•��y�.?�SR. r3.4 .321.E � ^ _µ Tis.. �,dL s„"?. a�x"i%7 L,.S� ye r_; --yam• . Planning & Zoning Commission 80 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C `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!OU0 0300000 C�1 rwoH wor��ii � th!'./1r1M.W�_ll��iM Mill-6Mi(((,y,. v� �7w4�X�C Planning & Zoning Commission 81 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C el, L 1 7 R4Ck wm x o_ i Planning & Zoning Commission 82 of 271 Meeting Date: Thursday, January 21, 2016 L 1 7 R4Ck wm x o_ i Planning & Zoning Commission 82 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Planning & Zoning Commission 83 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.3" Building Elevations U fa Vj w IV 0 a w w NOD IV a U 9. qp ii PROkT.CLEYAT7C1 �Ynare..fssalki+w.f�PP�tLLe-+cw�s Planning & Zoning Commission 84 of 271 Meeting Date: Thursday, January 21, 2016 ' II' �I 4,2n w I!; - f l a. cant- -� •: + w � � +r$��t1�� (g3�xwr.'—q -van. rwr. rx .i • .nnr+, "W Ae U fa Vj w IV 0 a w w NOD IV a U 9. qp ii PROkT.CLEYAT7C1 �Ynare..fssalki+w.f�PP�tLLe-+cw�s Planning & Zoning Commission 84 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C LLL!_91GllLCY.r+1a�.Yl�cn.�la7a1_®SAQlSfY._G1.IR7.-7E7Se�S f i l� 111!I[ M ELI P c 11 *=.. ,q2, . Planning & Zoning Commission 85 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.4" Sight Line Studies S1W Planning & Zoning Commission 86 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.5" Photometric Plans & Light Fixtures 7 LiJ Planning & Zoning Commission 87 of 271 Meeting Date: Thursday, January 21, 2016 eerrYdr w r..rnrw is+e. t*lM1a 4. Mgwlf MRrM M i Yr. dryD� wn uWD rRww.lYrw. w w�.r�• n�.ey �v-r Irk . i+rY pMdYrFa r,� V. wR+rw ..�resr.A-.v.lw r. rrwwy.. wFfw AMM. rfufrr ■w.rrlwruYhMw s w�rl +� .irr.w.Ir fscalw �.ur.sw .r.Ysrsew. w.rwr Lw43MYlM1 rl*�rr llTrf _ !•r rltiwr�Gw CM ��AGR •inpr 1f. A�� W yY1. IlAfi-9r re4ep./.r'yw •.w.Ysry aien4iufuararee.wsnnM'nw NIIM IrlPp�1.=rr..+.w N w e IYM M r1�FRiR �+ Exhibit C OTAT1W YW .b hww � i b:47 W _nr+rr.y Kiri rr 1 �'�. 1-�,l},-.—"u. �UMI[V YIMfII fIWIb n••rTHI tlr I 1w I�� 40 UM i w YppMOU PL • Y r � e +* +MM �rerrrrYDt!.rw. W.prl�u. Planning & Zoning Commission 88 of 271 Meeting Date: Thursday, January 21, 2016 —.'GrL rar�800MM Exhibit C Exhibit "5.6"1 Sign Criteria !!FEDERAL A HEATH IiM IIWI lRAI /^�, 4Y1�551RILIli11 TROP'w ale, MXA.S Planning & Zoning Commission 89 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C .r! #100 GROUND SIGN CABINET STRUCTURE MICATOd Q, o101pAe w.11'oil 4w o4M I i X lou N4F r 4-xv IorCY�IrofRgilW f11Ng1YONIMI'IU 4i r4lnn !w uu I rculav Wumv 41.W14 Geo $qII =72 ! lwt1,1na id Ir" tuxr verse aN araut utttW.4t rvsrgau Vill CRa5o[ iavI C M f. 6'lll XrRNer0.1 CN [MW1JSNkIf!4LL FEDERAL HEATH -. 0lE WAIIACI WAIN RUN .._.. KTW IJIbElA1 Planning & Zoning Commission 90 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 80q�ALa9 f1�9V 1.20 MAP CIRCUIr DEUICATLU 51 USHER CUT IN THE SIIDDL Of THE SIGN. F INAL HCCK UP BY SIGN INSTALLERS IR00" M TNiMam"al f YLumm w^nWRIL-nuo ww&a fAli 0nwA .raw%,MK rK wU AM parr■ t. MHAWLLY 11MRAM.r KO wMfl ow FY of Lw "na Tquffl rot Do Na AMl OIF[ r ilNlq ggi,14E Iq 5 KMS W 1 W •CW'SYL• tWlrtc MaM TE POFM arwt fKt AIA H LD.rTLI74u 6PIlgL�ATMW! S, aiWrr rstmrL riS 1MAMYCUf11W1i. 11[.0►Nul HMTI INiAI�71AM IIA4['. fAQKMYL4 I ATION •tMIAMY10K grAoul van Arlt IfAIIM + Iflr><ru+Ll4clmrgalHowlrMc #125 WALL SIGN CABINET STRUCTURE (FLEX FACE 2 )Goo sgft =94.7 VAJ °s•.r.a. d FEDERAL NATH� ,.. YIlIWIAp MITE um _ .lgll7canaw Planning & Zoning Commission 91 of 271 Meeting Date: Thursday, January 21, 2016 N Exhibit C Lr1L wL � cum= i%lrmj rr PNIW x1lowsW LwNwn1 W RMI-MIo wwrw�}wr N rare Irl wlrfn4Y s 1 IIY WYYr YYerlrrwrrrl� Ylww W rre�r 1� w4rn.�IMa WT! IRIm[wPl 4 MLwwAIM wpYM ti11YNilUvmw 11R[ILIw rn r1M K/ilawaburYa LiNlil wpOrK � wlr MAY wilwtM,,rsrq riwKrru[. 1. 11�[Ia1lMfabw! Irllrl9 Y:Gk nn wrlLr„IYIr.uWNowwr9wln p IKL w L[YYrt [wuwil YtlM 9 L' mr ■rtY Nt1911AYL,n Mor FYIN6191WtNpY 9 N+1D l CILIIM wfllsLw lalrY l R naYl[a uRn Y 1u4. k wK lwVLLFRLIrIYI ILSLL% W1wfl.Vlf9 "-war" i lwu"TKRILYi' LI C+ML! 1 1a1r I AKn Yi f{1IR911f1914H n •'i w1N L 1KN waa wLL IKI LIL1wi4 4, rt14 [ 1"Ip/LIL�FIY ■r1,Irl/Mlnni Yalu wILIwIILrlA19YL v r11L11vWIa flk 4x41 u1pA Lllu iqa 4 i �WIRY�FFL MIYCYGI IilplLstY ca9 ewLNIL iRrLLI w u,wu M1IfdRYRLL wlfwl LLJ,RN l91rI, c IZ LYlLIt LIIfILINA N I-u[r LInLLYl1[YYn.rLLYIL IL IYldMi iN rILL wML[L9w1fY nNLLL l .Lw1 M KlL ILIL14wlld LMNf W Mf11M nKw KVYwL p9 Kal L. rmMMhn Lllwxun Y,Ik lYn, ulMlwYrrY1 #200 WALL SIGN CABINET STRUCTURE Geo sgll =136.64 {WB'.a'.7'a• FEDERAL HEATH Planning & Zoning Commission 92 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.7" Retaining Wall & Fence Criteria bK�i K�LR I zr4MH7 WLL f.4A]t' PZ-rA!NJN& WALL SZG71OH KrTAINKS KALL MZYATION RETAIHIN& WALL - SOUTH EM oP SITE. a6 H164WAY 14 VALUE PL.AGE HOTEL TROPHY GLUE, TEXA5 Planning & Zoning Commission 93 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit "5.7" Development Schedule Preliminary Proiect Schedule Sept. 14 2006 Revision 4 Voluo P1Rco Hotel - Trophy Club Prop ID; QUA 005 Task Date Pre-conalruction meeting (approx- date) Rapist (Lot 1 R & 2R) + Rezoning Pckg. Preparation 610512006 - 6116/2006 Complete Rapist+ Zoning changesubmIllal 6119!2006 Complete (46 days prior to mooting) Silt) Development Plans Prep -CIVIL 6119/7000 - 7114/2006 Complete (City requires Site Pian subrnillat) Civil Design Package submittal 7117!2006 Complete Planning & Zoning Meeting (Replat + Zoning) 81Y2006 Complete City Council Meeting (Replat + Zoning) $12112006 Complete Address any onginconn , comments -CIVIL 812112046 - 91OW2006 Compolo Detailed Site Plan submittal 811812000, Complete Planning & 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 Clly approved start date Apply for CaliTcale of Occupancy 1st week of June Note: Project construction to begin approx. last week of November 2006 per Town approvals of all des'gn plans and general contractor to obtain permits and permission on project from Trophy Club prior to work onsite_ Planning & Zoning Commission 94 of 271 Meeting Date: Thursday, January 21, 2016 M • P — moi' '". I..to N ... _' I N . I N .� ...- . co V � co L � k k �r a •_ 04 LO �) U rn c �� I>1 'M'1 h4 - Dwi,Hinos i V J (7 I .P lalll. i LLI LUw� r F LL T O E 0 U O N 06 c d 100 ipal ive Trophy Club Entities Trophy Club,oTexaDsr76262 Legislation Details (With Text) File #: 2016-13-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Discussion and recommendation regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of- way for Bobcat Boulevard, Case PD -AMD -16-046. Attachments: Staff Report.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.Pdf Exhibit D.Pdf Exhibit E.pdf Exhibit F.pdf Exhibit 9.12 f Date Ver. Action By Action Result Discussion and recommendation regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. Planning & Zoning Commission 97 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF C TROPHY CLUB 100 Municipal Drive *Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission September 21, 2016 PD -AMD -047: PD 28 Amendment for Screening Wall SUBJECT: Discussion and recommendation regarding approval of a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right- of-way for Bobcat Boulevard, Case PD -AMD -16-046 REQUEST: The city of Roanoke is requesting to construct a masonry screening wall along the west side of Bobcat Boulevard where it is adjacent to common boundary between Roanoke and Trophy Club. This is being brought forward as an amendment to the PD 28 regulations given the various code requirements affecting a screening wall, the length of the wall and the fact that it involves construction within both right-of-way and private property. In addition to the PD amendment, an interlocal agreement between the two municipalities will require approval by the Town Council and the Roanoke city Council memorializing the long-term maintenance requirements for the wall. CURRENT CONDITIONS AND ZONING: All of the property on which the proposed wall is to be constructed is contained within the PD 28 zoning boundary inside the Trophy Club corporate limits. The northern approximately 1,400 foot section of the wall would be constructed within Bobcat Boulevard right-of-way while the southern 592 foot portion would be constructed on Lot 2, Block 2 of the Byron Nelson High School Addition, which is currently vacant and is owned by the Northwest Independent School District (NISD). SCREENING WALL DETAILS: According to the attached letter provided by the applicant, the purpose of constructing the wall is to help buffer the Marshall Creek Subdivision from the Byron Nelson High School and vehicular traffic along Bobcat Boulevard as part of the City of Roanoke's neighborhood vitality program. Page 1 of 4 Planning & Zoning Commission 98 of 271 Meeting Date: Thursday, January 21, 2016 According to the attached construction plans, the proposed wall would be composed of pre -cast concrete made to resemble natural stone. The proposed wall dimensions are as follows: wall height (5',10"), wall panel length (5'), wall panel width (4"), column height (7'2"), column width (1'5"), column spacing (5'). The proposed wall color would be a tan or light brown color as shown on the attached photo exhibit. According to the letter provided by the applicant, the wall would be located approximately five feet east of the back property line for all lots in the Marshall Creek Subdivision that backup to the wall, placing the wall approximately five feet off of the common boundary between Trophy Club and Roanoke. The applicant is requesting that wall construction be offset from the city boundary line and within the Bobcat Boulevard right-of-way for the following reasons: (1) "The location of the current Oncor electric poles running along the property line prevent the wall from being constructed along the current fence line and Oncor will not allow the wall to be constructed directly underneath their power lines"; (2) "To preserve the existing trees as much as possible since they currently help screen school lights and noise pollution from outdoor school activities". The total distance from the back of curb of Bobcat Boulevard to the Town boundary is 30 feet. Therefore the wall would be located approximately 25 feet from the back of curb deviating slightly to avoid drainage facilities in the right-of-way. According to the construction documents, there are two pipelines that run within the right-of-way. These pipelines are no longer in use and the pipeline easement wherein they are located has been abandoned. The easement abandonment document provided by the applicant does not correctly show the easement in question. That said, the location of the proposed wall will not encroach upon the pipeline locations. There are no other utilities located within the subject right-of-way area. The overhead electric facilities are located in the City of Roanoke. Attached to the briefing is a six-foot fence easement granted by the NISD allowing the fence to be built on Lot, Block 2, Byron Nelson High School Addition. TROPHY CLUB SCREENING WALL STANDARDS Section 7.01, Chapter 13 -Zoning in the Code of Ordinances governs fences and walls in Trophy Club. As it relates to the proposed screening wall, the following standards apply: Section 7.01(C)3 — Parallel fences: "Fences shall not be constructed parallel to and within twenty feet (20 ) from an existing fence, except where the following conditions exist. A fence: Page 2 of 4 Planning & Zoning Commission 99 of 271 Meeting Date: Thursday, January 21, 2016 a. Surrounding a transformer b. Providing a barrier for pools and spas as required by applicable law; c. That shares a common post with an existing fence. " The proposed screening wall would run parallel within five (5) feet of existing fences on the adjacent residential lots in Roanoke. Section 7.01(C)6 — Perimeter Fencing: `Perimeter fencing along the official Town boundary line shall be allowed according to the following requirements: a. A decorative masonry wall shall be constructed on property lying along the perimeter boundary of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation material. c. The owner, subdivider or developer of a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of any street improvements within the subdivision, at the commencement of any other construction, or upon the development of any kind upon such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any pari of the perimeter or corporate limits of the Town. d. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. e. Maintenance: Following the installation and final acceptance of a Town boundary or subdivision perimeter fence installed by the owner, subdivider or developer of a tract of land, the property owner shall have the sole responsibility of maintaining such fence. Perimeter fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non -Living Materials, of this Ordinance. " Although unique in that the screening wall is being constructed as a public improvement project and not in conjunction with a new development, it nonetheless does not meet the minimum height requirement of eight feet as required above. Maintenance requirements will be stipulated in the amending PD ordinance and specified in the interlocal agreement to be approved by the Town Council. Page 3 of 4 Planning & Zoning Commission 100 of 271 Meeting Date: Thursday, January 21, 2016 Section D(1)b allows decorative pre -cast embossed concrete as an acceptable masonry material for a wall but requires the plans to be stamped by a professional engineer. The proposed wall complies with this requirement. STAFF REVIEW: The city of Roanoke is requesting to construct the wall as part of a community beautification program and to provide screening for the adjacent residential neighborhood to the west in Roanoke from Bobcat Boulevard and Byron Nelson High School. In addition to the PD amendment authorizing the fence as requested, an interlocal amendment will require approval by the Town Council. The Planning and Zoning Commission's options regarding action of this request are as follows: 1. Recommend approval of the request as submitted; 2. Recommend approval of the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial of the request. Attachments: Exhibit "A" — Letter from the City of Roanoke Exhibit "B" — Construction Plans Exhibit "C" — Easement Exhibits Exhibit "D" — Screening Wall Examples Exhibit "E" — Bobcat Blvd. Photos Exhibit "F" — PD 28 Ordinance 2011-P&Z Exhibit "G" — Location Maps Page 4 of 4 Planning & Zoning Commission 101 of 271 Meeting Date: Thursday, January 21, 2016 265 Marshall Creek Rd. Roanoke, Texas 76262 December 2, 2015 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Exhibit A ��fi9 �Bp+�1 oar Roaoe RE: Proposed masonry screening wail along Bobcat Blvd. 817.491.6099 FAX 817.491.3114 Please accept this letter as a formal request from the City of Roanoke regarding a proposed masonry screening wall we would like to construct along Bobcat Blvd. (within Trophy Club's city limits). As part of the City of Roanoke's neighborhood vitality program our City Council approved funds to construct a masonry screening wall to help buffer the Marshall Creek Subdivision from the Byron Nelson High School and vehicular traffic along Bobcat Blvd. The City of Roanoke is requesting the wall be constructed within Trophy Club property/ROW for several reasons; the main reason being the current Oncor electric poles running along the property line prevent the wall from being constructed along the current fence line. Oncor will not allow the wall to be constructed directly underneath their powerlines. Also, we would like to preserve the existing trees as much as possible since they currently help screen school lights and noise pollution from outdoor school activities. We are requesting to install the wall approximately 5' from the property line (to the east) within the abandoned Vantage Energy gas line easement. The proposed masonry screening wall will be 7 feet tall, will be maintained by the City of Roanoke and will be a tremendous aesthetic improvement. We have included the abandonment document from Denton County for the gas line easement, the signed NWISD fence easement, construction plans and pictures of the current dilapidated fences along Bobcat Blvd. along with pictures of the proposed screening wall constructed by the City of Roanoke in various other areas. If you have any questions, please contact me at (817) 491-6099. /Sincerely, Cody Petree Director of Community & Business Development City of Roanoke 817.491.6099 Planning & Zoning Commission 102 of 271 Meeting Date: Thursday, January 21, 2016 w x LU o4_ aw x _ 3 - Ws Y = ® o - oN ZO lotLn gyg1 o p o U) w J J LU m w W > LU 0w d w Z O w y Z a o Of O wK a- 1: Uf H� Yw J d 4 wl1 Q �� D O O ZY ; u 03 Y Z 3 U w U O w�w 3 O >M Q w J O O o LL O U N\ Q 11 Q 4\ g Q w M 60 w ry 00o ^ALL a W� sGWG-W go- N`8o 3 foo <�p z waw m_zo- a� Wa Hl =ass o-�==�pp Nva J"�W&3 M<N= Na E o zlzzcil -BE u a m x aa�c�p�o - - =off ula�A-IN Z�o;A-=� sp c „N - o -go o o Y cs aaao4 _a o w ��a` a0000 m w U8888�p" a�„ 222RX _38 « a a` m NI m ry w N —/s1111o,1-111-1-- -=.,a = aye,.= soa�� doM md� WN x w NOIlaNM15NOa3M 133M15 NIVW' 3NONVOM 30 AlIJ I U 8 hail to 0 LLI a ~w m =per 8� 0 a G =s� a € ° g -"- pg82 S. s W w Q g k wo a u 5g o}Egi a Odo cm a omo = off= aJ Ngrc td rc { C j o9mB go C4 Ns 0. d w -m sz G $ nags o c _<zom�� =aoa _WRQ no!Z. god Z� g ° w $G irc Gw m &'ma=pu Wim 5 um z�°` 2o=gm- mmNN i o; a�"£<s4_� ��'J'"� 3 �' `�wa w �a" °�&„"G Hizw3oGG= a a_ �uo� g8 c5�i,o H .. zp -_° �< w w °~�?W�co u��o� -gwLLz r wW3a U rcz - C. 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E - a EN Cif vo - �c s z > o - z 'E E Ch Es U w 4 I w cn £L O �➢ Q _ 't z Hca- o°= U E� o Y EE Via° �x _ vo = avis,o� °�uoa�o R�uo��oM „i�a.s�oasa, oN '„I�y a�il�o�ud o ioaxi 66waau�i6u3 osiovm s 1., aye Rq a a „�o ,o ioaxi rta apow pau6a�no6 si piopuo�s siy� yo a 6C3WIb�J510 s� P�� :3iva Exhibit C AFTER RECORDING, RETURN TO: Scott Campbell CITY OF ROANOKE 108 S. Oak Street Roanoke, Texas 76262 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER 6 -FOOT FENCE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas independent school district ("Grantor") for and in consideration of the sum of ONE .AND NO/] 00 DOLLAR ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF ROANOKE, TEXAS, a Texas home -rule municipality ("Grantee") the receipt and sufficiency of which are hereby acknowledged, has Granted and Conveyed, and by these presents does Grant and Convey, unto the Grantee, a fence easement, upon, over and across the following described premises, together with the customary uses attendant thereto, including construction, operation, maintenance, repair or enlargement, over, under, through, across, and along all that certain lot, tract, or parcel of land situated in the County of Denton, State of Texas, and described as follows, to wit: Being 3,116 square feet or 0.072 acres of land in the Thomas Kelly Survey, Abstract No. 704, Town of Trophy Club, Denton County, Texas; and being part of Lot 2, Block 2 of Northwest Independent School District High School No. 2, an addition to the Planning & Zoning Commission 114 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Town of Trophy Club, Texas, according to the plat recorded in Cabinet Y, Slide 46 of the Plat Records of Denton County, Texas; and being more particularly described and/or depicted in Exhibit "A", attached hereto and made a part hereof (the "Easement Property"). Grantor hereby grants to Grantee a temporary construction easement ten feet (10') in width running parallel along and abutting the west side of the Easement Property, such temporary construction easement terminating upon completion of said fence. THIS easement for the purpose of construction and installation of a fence shall at all times remain open and accessible to the Grantee for the purposes herein stated, and Grantor reserves the right to make the improvements on such grade and according to such plans and specifications, in accordance with all applicable City ordinances and regulations. Such fence will not only lie in the Easement Property, but will also be erected and extend into property owned by the Town of Trophy Club and Grantee is contemporaneously herewith obtaining a similar easement from the Town of Trophy Club (the "Town of Trophy Club Easement") for the portion of the fence lying on the Town of Trophy Club's property. The portion of the fence to be constructed on the Easement Property and the portion of the fence to be constructed on the Town of Trophy Club's property is hereinafter collectively referred to as the "Fence." Without cost to Grantor, Grantee shall repair any roads, drives, walkways, or other improvements which Grantee may disturb during the construction, maintenance or repair of the Fence to the same or better condition as the same existed prior to such operations. Grantee shall frequently maintain the Fence, the Easement Property, and the easement area described in the Town of Trophy Club Easement, without cost to Grantor, so that it is never in an unsightly condition. Such maintenance shall include frequent landscape mowing and trimming and removal of any rubbish, refuse, waste material or other similar matter to accumulate on any part Page 2 of 10 Planning & Zoning Commission 115 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C of the Fence, the Easement Property, or the easement area described in the Town of Trophy Club Easement. Without cost to Grantor, Grantee shall also secure and cause to be inaccessible to the public by means of locking gates or doors, the portion of the Easement Property and the easement area described in the Town of Trophy Club Easement which lies on the western side of the Fence between the Fence and the boundary lines of the tracts of land neighboring Grantor's or the Town of Trophy Club's lands. THIS easement is granted subject to any and all prior casements and all other matters of record to the extent that the same affect the Easement Property. TO HAVE AND TO HOLD the same, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever, and Grantor is hereby bound, together with all heirs, executors, administrators, or successors, to Warrant and Forever Defend, all and singular the said easement unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise. Page 3 of 10 Planning & Zoning Commission 116 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C WITNESS THE GRANTOR'S HAND to be EFFECTIVE as of the _Lrday of Nbit 2015, NORTHWEST INDEPENDENT SCHOOL DISTRICT, An independent school district i 1,[�. r w. ATTEST: real- h A, � M-�, STATE OF TEXAS § COUNTY OF DENTON § This instnunem was acknowledged bef} • me on the day of . 201 ff, by Mud Preis of the/Northwest Independent School district, a Texas independent school district, on behalf of said independent school district. Notary Public, State of Texas * ' BRENDA L. WrTHE=RS My COMMISSION EXPIRES February 13, 2017 Page d of 10 Planning & Zoning Commission 117 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C ACCEPTED: CITY OF ROANOKE, TEXAS A Texas home -rule municipality By: Scott Campbell City Manager ATTEST: By: April S. Hill City Secretary After recording send a copy to: Dennis McCreary Northwest ISD P.O. Box 77070 Fort Worth, Texas 76177-0070 Page 5 of 10 Planning & Zoning Commission 118 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Exhibit A Easement Property Page 6 of 10 Planning & Zoning Commission 119 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 6 -FOOT FENCE EASEMENT Part of Lot 2, Block 2, NISD High School No., Thomas (Kelly Survey, Abstract No, 704 Town of Trophy Club, Deaton County, Texas DESCRIPTION, of a 3,116 square foot (0,072 acre) tract of land situated in the Thomas Kelly Survey, Abstract No, 704, City of Trophy Club, Denton County, Texas; said tract being part of Lot 2, Block 2, NISD High School No. 2, an addition to the Town of Trophy Club, Texas according to the plat recorded in Cabinet Y, Slide 46 of the Plat Records of Denton County, Texas; said 3,116 square foot (0.072 acre) tract being more particularly described as follows (bearing system for this survey is based on a bearing of North 00 degrees, 12 seconds, 56 minutes West, for the west right-of-way line of Schooling Road and the east line The Parks of Hillsborough, an addition to the City of Roanoke, Texas recorded In Cabinet 0, Page 377 of the Plat Records of Denton County, Texas is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observation made on December 14, 2011, with a combined scale factor of 1.00015436. BEGINNING, at a point for corner in the west right -0f -way line of Bobcat Boulevard (a variable width right- of-way), the east line of Block L, Marshall Creek, an addition to the City of Roanoke, Texas according to the plat recorded in Volume 610, Page 257 of said Plat Records, the east line of the City of Roanoke and the West line of the Town of Trophy Club; said point being the northwest comer of said Block 2; THENCE, South 69 degrees, 55 minutes, 01 seconds East, departing the said east fine of Block L, along the north line of said Lot 2, Block 2 and along the said west line of Bobcat Boulevard, a distance of 6.00 feet to a point for comer; THENCE, South 00 degrees, 04 minutes, 59 seconds West, departing the said north line of Lot 2, Block 2 and the said west line of Bobcat Boulevard, a distance of 519.37 feet THENCE, North 89 degrees, 55 minutes, 01 seconds West, a distance of 5.00 feet to a point for comer in the said east line of Block L, the west line of said Lot 2, Block 2, the said east line of the City of Roanoke and the said west line of the Tmn of Trophy Club; THENCE, North 00 degrees, 04 minutes, 59 seconds East, along the said west line of Lot 2, Block 2. passing at a distance of 48.77 feet a 1i2 -inch iron rod found for the northeast comer of Lot 1, said Block L, continuing in all a total distance of 519.37 feet to the POINT OF BEGINNING: CONTAINING: 3,116 square feet or 0.072 acres of land, more or less. (A survey ptaf of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described � � 0 Michael Larry L 's, Jr. ate Registered Professional L d -Surveyor No. 5773 Pacheco Koch Consulting Engineers, LLC 6100 Western Place, tt1001, Fort Worth TX 76107 (817) 412-7155 TX Reg, Surveying Firm LS -10193824 3145-13.150EX9.doc 3145-13150EX9.dwg pmd SHEET 1 OF 3 Page 7 of 10 Planning & Zoning Commission 120 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C io+s� 110IR,O.W. POINT OFtA „ 9'55'01 E BEGINNINGLOT S 0 20 40 80 BLOCK L #MARSHALL CREEKGRAPHIC SCALE iN FEET (VOL. 610, PG. 257= Q I PRartgTY UNE EIGSTING �”— — EASEMENT LINE EASEMENT WE (BY SEP. INST.) PROPOSED EASEMENT LINE PDWT FOR CORNER (UNLESS 07HDMM NOTED) (C.M.) - CONTROLLING MONUMENT az 3 LOT 5� N 144.4Y W P I g Ol -FOOT FENCE EASEMEN /ti Yy M I oz I 6p Iz oaas PRartgTY UNE EIGSTING �”— — EASEMENT LINE EASEMENT WE (BY SEP. INST.) PROPOSED EASEMENT LINE PDWT FOR CORNER (UNLESS 07HDMM NOTED) (C.M.) - CONTROLLING MONUMENT y I 1. A metes and bounds description of even 1 survey date herewith occomponlee this plot of survey. MINEW mm 00001 00001 10000 X.j PINER —e sgge � 2. Bearing system for this survey Is bosod on a MfATCHUNE (SM SHEET 3) beortng of North DO degrees, 12 seconds, 56 minutes West for the west ri ht—cf—wo line The undersigned, Registered Professlonol Land Surveyor, hereby certifies that this plot of suIvey Occur,) Y Beta out the metes r' bounds of the easement tract described. I4 /3 Michael rar4 L.w&qf,rl I Dae Registered Professlclndf Land Surveyor No. 5773 Pacheco Koch "D" F'"� �"E'°°' FORT WORM. Tx 78107 517.41Z7iW „ 1x REG ENfyHEEAWC rNM F-14439 TX REO. SURVEYING FIRM LS -10593824 kORANw aY C/EpTE3e 9Y aN:,uE p,1 tE .A7e ,NVAMW PMD ML1'+x40' NOV. 2013 3145-13.150 g y of Schooling Road and the east line The Parke Of Hillsborough, an addition to the Clty of Roanoke, Texas recorded In Cabinet 4, Po ge 377 of the Plot Records of Denton Gounfy, Texas Is based on the .Texos State Plane Coordinate System — NAD 83, Horth Central Zone 4202, based on observotlon made on December 14, 2011, with a combined scale factor of 1.04075436. 6 -FOOT FENCE EASEMENT PART OF LOT 2, BLOCK 2, NISD HIGH SCHDOL NO. 2 LOCATED IN THE TOWN OF TROPHY CLUB. TEXAS THOMAS KELLY SURVEY, ABSTRACT NO. 764 DENTON COUNTY, TEXAS SHEET 2 OF 3 DWG FILE: 3145-13.150—EX9.DWG Page 8 of 10 Planning & Zoning Commission 121 of 271 Meeting Date: Thursday, January 21, 2016 az 3 LOT 5� N $ ' o 1 I Q S -FOOT FENCE EASEMEN S ROM- OM_3,116 3,116 (0.072 ACRES LOT 2, BLOCK 2 oaas _ NIS© HIGH SCHOOL N0. 2 (CAB. Y, SLIDE 46) LOT BLOCK 4 L 1 I NORTHWEST ISO 1 MARSHALL CREEK g 1 (1N5T, N0. 2004-52882) (VOL. 610, PG. 257) - y I 1. A metes and bounds description of even 1 survey date herewith occomponlee this plot of survey. MINEW mm 00001 00001 10000 X.j PINER —e sgge � 2. Bearing system for this survey Is bosod on a MfATCHUNE (SM SHEET 3) beortng of North DO degrees, 12 seconds, 56 minutes West for the west ri ht—cf—wo line The undersigned, Registered Professlonol Land Surveyor, hereby certifies that this plot of suIvey Occur,) Y Beta out the metes r' bounds of the easement tract described. I4 /3 Michael rar4 L.w&qf,rl I Dae Registered Professlclndf Land Surveyor No. 5773 Pacheco Koch "D" F'"� �"E'°°' FORT WORM. Tx 78107 517.41Z7iW „ 1x REG ENfyHEEAWC rNM F-14439 TX REO. SURVEYING FIRM LS -10593824 kORANw aY C/EpTE3e 9Y aN:,uE p,1 tE .A7e ,NVAMW PMD ML1'+x40' NOV. 2013 3145-13.150 g y of Schooling Road and the east line The Parke Of Hillsborough, an addition to the Clty of Roanoke, Texas recorded In Cabinet 4, Po ge 377 of the Plot Records of Denton Gounfy, Texas Is based on the .Texos State Plane Coordinate System — NAD 83, Horth Central Zone 4202, based on observotlon made on December 14, 2011, with a combined scale factor of 1.04075436. 6 -FOOT FENCE EASEMENT PART OF LOT 2, BLOCK 2, NISD HIGH SCHDOL NO. 2 LOCATED IN THE TOWN OF TROPHY CLUB. TEXAS THOMAS KELLY SURVEY, ABSTRACT NO. 764 DENTON COUNTY, TEXAS SHEET 2 OF 3 DWG FILE: 3145-13.150—EX9.DWG Page 8 of 10 Planning & Zoning Commission 121 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C MATCHIINE (SEE SHEET 2) LOT 4 I 1 BLOCK L $ J MARSHALL CREEK $ —(VOL. 610, PG. 257)^ 1 ,Da,e 6—FOOT FENCE EASEMENT I 1 3,116 SF OWI \ (D.072 ACRES) y LOT 3 g \ g i. l \ x \M) 0 20 40 BO 102.74' W p + o I GRAPHIC SCALE IN FEET rc� � � NI L, Z U 1I LOT 2 3. w N Z iv m L� Ind OD Ln g moin o a ry O �+ 1/2-Rd1 IRON ROD FOUND (GM.) W— — H O.=a zu` 102.38' I4NJ Z i z LOT 1 fi E BLOCK L $ MARSHALL CREEK I� (VOL. 610, PG. 257) r� s N 89.55'01" W / 6.00' S3 I / a 4 MARSHALL CREEK ROAD (60' RIGHT-OF-WAY) Pacheco Koch B100 WSTM --. P`A`S' X61TE 4001 TORT MDRM, Tx 7E1o7 e17.412.7155 Tx REG. ENGMI MWO FRM F-14439 Tx REG, SURVEY= FIRM LS -10193B24 aww Dar cArarEr rr I ! NOV.A 2013 + 3i,s-18.81 SO PROPERTY LINE EASTIND EASEMENT UNE EASEMENT UNE (BY SEP. wst) PROPOSED EASEMENT UNE 0 POINT Flit CORNER (UNLESS OM4_Rx18E NOTED) (C.M.) - CONTRoumr MONUMENT 1. A metes and bounds description of even survey dote herewith accompanies this plat of survey. 2. Beoring system for this survey is based on a bearing of North 00 degrees. 12 seconds, 56 minutes West, for the west right-of-woy line of Schooling Rood and the eost line The Parks of ftsborough, an addition to the City of Roanoke, Texas recorded In Cobklet 0, Pogo 377 of the Piot Records of Denton County, Texas )s based on the Texas Stott Plane Coordinate System - NAD 83. North Central Zone 4202, booed on observation mode on December 14, 2011, with a combined scale factor of 1.00015436_ 6 -FOOT FENCE EASEMENT PART OF LOT 2, BLOCK 2, NISD HIGH SCHOOL. NO. 2 LOCATED IN THE TOWN OF TROPHY CLUB. TEXAS THOMAS KELLY SURVEY. ABSTRACT NO. 704 D[NTON COUNTY, TEXAS SHEET 3 OF 3 Page 9of10 Planning & Zoning Commission 122 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C EX 9 North: 7055323.20' East: 2364974.35' Segment #1 . Line Course: 589'55'01"E Length: 6.00' North: 7055323.19' Ea5t: 2364980.35' Segment 42 . Line Course: 50'04'59"w Length: 519.37' North: 7054803.82' East; 2364979.60' segment #3 . Line course: N89'55101"w Length: 6.00' North: 7054803.83' East: 2364973.60' segment #4 . Line Course: NO'04'59"E Length: 519.37' North: 7055323.20' East: 2364974.35' Perimeter: 1050.74' Area: 3116 sq. Ft. Error closure: 0.00 Course: NO'00'00"E Error North: 0.000 East: 0.000 Precision 1: 1050740000.00 Page 7 Page 10 of 10 Planning & Zoning Commission 123 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C **** Electronically Filed Document **** Denton County Cynthia Mitchell County Clerk Document Number: 2014-121574 Recorded As : ERX-RELEASE Recorded On: December 02, 2014 Recorded At: 08:28:28 am Number of Pages: 7 Recording Fee: $50.00 Parties: Direct- HUNTER FERRELL ASSOCIATES LF Indirect - Receipt Number: 1230290 Processed By: Terri Bair THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal taw. THE STATE OF TEXAS) V+O COUNTY OF DENTON1 F hereby sertiFy Lh. *ir FF[@n n LLA FO. N—b—.q— — de dme,M.s pri..d h—.., —dd — dWy RECORDED in 0- OWI.W K—I d D-2— C.—ty, T.— Planning & Zoning Commission 124 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C After Recording. Return to: CTMGT G[enmere, LLC Attn: Cynthia Collett 1800 Valley View Lane Ste300 Fanners Branch, Texas 75234 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § DEFINITIONS: Original Easement Instrument: Easement Agreement effective December 9, 2004 between Hunter Ferrell Associates, LP ("Original Grantor") as assigned to 831 Trophy, LP and as further partially assigned to CTMGT Glenmere, LLC, a Texas limited liability company ("Grantor"), and TGG Pipeline, Ltd, a Texas limited partnership, the general partner of which is Vaughn Holding Company, LLC as reflected in the Easement Agreement recorded as instrument number 2004-159561 in the property records of Denton, County, Texas and as amended and assigned to EnCana Oil & Gas (USA), Inc. by the Amendment to Easement Agreement dated May 1, 2005 and as recorded as instrument number 2005-90479 in the property records of Denton County, Texas and as further assigned to Vantage Fort Worth Energy, LLC, a Delaware limited liability company ("Grantee") by the Assignment of Oil and Gas Leases as recorded as instrument number 2011-16639 in the property records of Denton County, Texas. Affected Property: As legally described on "Exhibit A" and incorporated herein as if full set forth. Current Easement Holder: Vantage Fort Worth Energy, LLC, a Delaware limited liability company. County: Denton County, Texas NOW, THEREFORE, for and in consideration of the premises and other mutual covenants and conditions contained herein, and subject to the terms, conditions, stipulations, covenants and restrictions hereinafter set forth, the Current Easement Holder agree as follows, to -wit: 1. Definitions: The above Definitions are incorporated herein and made a part hereof. 2. Authority: Current Easement Halder is the sole owner of the rights of the grantee of Pipeline Easement as defined and created under the Original Easement Instruments. 3. Removal of Facilities: The Current Easement Holder does hereby acknowledge the pipeline facilities and the Pipeline Easement have been abandoned and are no longer in use. 4. Release: The Current Easement Holder hereby RELEASES the Affected Property from the Original Easement including the Pipeline Easement and Temporary Construction Easement and the Amendment including the Road Easement Area and Road Easement along with the Temporary Construction Easement and Temporary Construction Easement Area to the extent which such temporary easements have not previously expired. 5. Grantor further releases any and all rights to any easement obtained by prescription as related to the Affected Property. 6. Remaining Obligations. This Release is for the benefit of the Grantor and its assigns and the encumbered and Affected Property and does not release Grantee from any remaining obligations Release of Easement - Page 1 Planning & Zoning Commission 125 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C to the Removal or Abandonment in Place of the Pipeline as defined and described in the Easement Agreement. [Signature Page to Follow] Release of Easement - Page 2 Planning & Zoning Commission 126 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C IN WITNESS WHEREOF, Current Easement Molder has caused this Release of Easement to be executed by its duly authorized officers this I 5� day of 20 Iq Current Easement Holder: Vantage Fort Worth Energy, LLC By: / Name:/C�—t/tJ Title: Li'�'C�f scr=�VND THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on this day of 2014, by VQI Of < 1 the O of on behalf of said entity. NOTARY PUBLI CINDY MAE CARTER NOTARY PUBLIC STATE OF COLOP-400 NOTARY ID # IRC640i92co MY COMMISSION EXPIRE., fSr 111! 03. 2L'! 7 CINDY MAE CARTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19964019266 MY COMMISSION EXPIRES MARC1 09 2017 Release of Easement - Page 3 Planning & Zoning Commission 127 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C EXHIBIT A Descril2rion of Prnr<!rty TRACT 1: Being all that certain lot, tract or parcel of land situated in the'lbainas Kelly Survey, Ahsn•att Number 704, City of Roanoke, Denton County, Texas, and being part of that certain called 30.639 acre tract of land described in deed to 831 Truphy, LP recorded in Document number 2007.72377 of the Real Property Records of Denton County, Texas, and beim; more particularly dcgcrihcd as follows: BLGiNNING at a 1f2` capped rebar set (GkA) on the south line of said 30.639 acre tract, being S 89"44'10'#:, 110.18 feet from a 5/8' rebar found at the southwest corner thereof, and being on the north line of Green Acres Estates, 2nd Section, an addition to the City of Roanoke, Benton County, Texas, according to the plat thereof recorded in Cabinet 13, Page 250 of the Plat Reenrdc of Denton County, Texas, and being on the east line of Schooling Road (50 foot right-of-way) as evidenced by certain called 0.424 acre tract of land described i n right-or•way deed to the City of Roanoke, 'Texas, recorded in Document Number 2010.82335 of the Real Property Records of Denton County,'Texa s, from which a from which a 1/2' capped rebar found (PACHECO KOCII) brays N 24'57'F 1.8 feet; THENCE with the cast line of said Schooling Road the following: with the are of a curve to the right having a central angle of 02'391', a radiuq of 725.00 feet and an arc length of 33.54 feet whose chord bears N 24"06'10'E, 33.53 feet to a 112' capped rebar found (PACHECO KOCi3) at a poitxt of tangency; N 23'25'10' F., 79.00 feet to a point of curvature; wirh the arc of a curve to the left having a central angle of 21°29'20', a radius of 525.00 feet and an arc length of 196.90 feet whose chord bears N 14"41'00' E, 195.75 feet to a 1/2' capped rebar found (PACHE-CO KOCII) at a point of tangency; N 03°56'20' E, 76.58 feet to a 1/2' capped rebar set (G&A); N 47°24'50' L•, 29.03 ieet ton 1/2' capped rebar found (PAU ILC O KOC.H) on the south line of Bobcat Boulevard (90 foot tight -of -way) as evidenced by that certain called 2.999 acre tract of land described in right-of-way deal to the City of Roanoke, recorded in Document Number 2009-50039 of the Real, Property Records of Denton County, Texas; THENCE with the south line of said Bobcat Boulevard the following: S SU'06'35' ]r, 4/9.61 feet to a 1/2.' capprd rchar set (G&A) ata point of curvature; with the arc of a curvt to the right having; a central angle of 73'09'36', a radius of 517.00 feet and an arc lengCh of 660.15 feet whose chord bears S 52'31'47'E, 61161.21 feet to a 1/2' capped rchar act (G&A) on the south line of said 30,639 acre tract and the north line of said Green Acres Estates; Release of Easement - Page 7 Planning & Zoning Commission 128 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C THENCE S 89°44'10' W,1092.55 feet along the south line of said 30.639 acre tract and the north Linc of said Green Acre Estates to the POINT OF BEGINNING and containing, approximately 7.781 acre of land. TRACT 2: Being all that certain lot, tract or parcel of land situated in the Thomas Kelly Survey, Abstract Number 704, City of Roanoke, Denton County, Texas, and being part of that certain called 30.639 acre tract of land dcsceibcd in decd to 831 Trophy, LP recorded in Document Number 2007-72577 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: 13EGINNING at a 5/8' rebar found at the southwest corner of said 30.639 acre tract, being on the east line of Lot 21, Block 2 of The Parks of Hillsborough, an addltion to the City of Roanoke, Denton County, Texas, according to the plat thereof recorded in Cabitirt P, Page Go of the Plat Records of Denton County, Texas; THE.NC;E N 00°40'15' W, with the west line of said 30.639 acre tract and the east line of said Block 2 of The Warks of Hillsborough, pass at 243.4 feet the northeast corner of Lot 19, Block 2 of The parks of 1-fillsborough and the southeast corner of that certain called 7.024 acre tract of land described in Quitclaim deed to Craig 0. Chapman as Trustee of the C.B.C. Chapman Trust recorded in Document Number 2000-92817 of the Real Property Records of Denton County, Texas, continuing along the east line thereof a total distance of 391.60 feet to a Y' capped rebar set (GEA) on the south line of Bobcat Boulevard (90 foot right-of-way), being the westerly southwest corner of that certain called 2.999 acre tract of land described in right-of-way deed to the City of Roanoke, recorded in Document Number 2009.50039 of the Real Property Records of. Denton County, Tomas; THENCE 5 89'06'35' E, 148.58 feet with the south line of Bobcat Boulevard to a 111' carped rebar found (PACHI;CO KOCH) on the west line of Schooling Road (50 foot right-of-way) as evidenced by that certain called 0.424 acre tract of land described in right-of-way deed to the City of Roanoke, Texas, retarded in Document Numbcr 2010-82335 of the Real Property Records of Denton County, Texas; THENCE- with the west line of Schooling Road the following: S 42°3630' E, 27.5I feet to a l/2' capped rebar set (G&A) S 03°56'20' W, 73.94 feet to a 1/2' capped rebar set (GfStA) at a point of curvature; with the arc of a curve to the right having a central angle of 21°29'20", a radius of 475.00 feet and an arc length of 178.15 feet whose chord hears S 14'41'00' W, 177.11 feet to a 1/2' carped rebar ser. (G&A) at a paint of tangency; THFNC,E S 25°25'40" W, 79.00 feet to 11/2' capped rchar set (G&A) at a POhIt of curvature; Release of Easement - Page 8 Planning & Zoning Commission 129 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C With the are of a curve to the left ha-,bg a central angle of 4'12'49', a radius of 75.0+3 feet and an arc length of 55.99 feet whose chord, bears S 23'19`15" W, 55.98 feet to a 112` capped rebar set (G& -A) on the south line of said 30.639 acre tract and the north line of Green acres Estates, 2nd Section, an addition to the City of Roanoke, Denton County, Texas, according to the plat thereof recorded in Cabinet 6, Page 250 of the Plat Records of Denton Councy, Texas, from which a Y' capped rehar found (PACHECO KOCH) bears N 26'47' E, 2.1 feet; IBENCE S 89°44`10' W, 56.15 feet along the south line of said 30.639 acre tract and the north line of said Green acre Estates to the POINT OF 13EGINN[NG and containing approxunatedy 1.158 acres of land. Release of Easement - Page 9 Planning & Zoning Commission 130 of 271 Meeting Date: Thursday, January 21, 2016 1W / }� � .\ \ j W t W _4 t( v 4 nil is orR•Fli f / }� � .\ \ j OR, 41 Exhibit F TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN 'TRACT OF LAND DESCRIBED AS AN APPROXIMATE 54.85 ACRE TRACT OF LAND CURRENTLY ZONED MH — MANUFACTURED HOUSING, AND AN APPROXIMATE 37.38 ACRE TRACT OF LAND CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL„ TO PD PLANNED DEVELOPMENT NO. 28, TO BE KNOWN AS NORTHWEST HIGH SCHOOL NO. 2; PROVIDING FOR EXHIBIT "A", LEGAL DESCRIPTION"; PROVIDING FOR EXHIBIT "B", "ZONING EXHIBIT", PROVIDING FOR EXHIBIT "C", "DEVELOPMENT STANDARDS", AND PRESCRIBING A PURPOSE, INCLUDING SIZE OF TRACT, USES GENERALLY, PERMITTED USES, LIMITATION OF USES, AREA BUILDING AND SITE REGULATIONS, ADDITIONAL DEVELOPMENT STANDARDS, LANDSCAPING, FIRE LANES, FINAL SITE PLAN, AND AMENDMENTS TO SITE PLAN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED iN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD ZONING FOR SUCH 92.24 ACRE TRACT; 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; PROVIDING FOR PUBLICATION; 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, the owner of the tracts of land, collectively described as a 42.24 acre tract of land, of which approximately 54.86 acres are zoned MH — Manufactured Housing, and approximately 37.38 are zoned R-12 Singe Family Residential, and such land being further described in Exhibit "A", attached hereto and incorporated herein, (the Planning & Zoning Commission 141 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F "Land"), filed an application with the Town's Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 28, Northwest High School No. 2 with high school and associated auxiliary uses including but not limited to athletic fields and a stadium, consisting of approximately 92.24 acres of land. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town's Code of Ordinances; 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 infi}nnation 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 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, NOW, THEREFORE, BE TP ORDAINED BY THE TOWN COUNCIL OF Tl IE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PR1l?MSES That 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 The Zoning Ordinance for the Town, codified in Chapter 13 of the Code of Ordinances of the Town of Trophy Club, 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: Planning & Zoning Commission 142 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F A. The zoning of the land, being a 92.24 acre tract of land described in Exhibit "A", attached hereto and incorporated herein, is hereby changed to adopt provisions for PD Planned Development No. 28 in accordance with the requirements of this Ordinance, aII applicable parts of Chapter 13, the Zoning Code, and all other applicable ordinances, rules and regulations of the Town. Such new provisions are set forth in Exhibit "A" entitled "Legal Description", Exhibit "B" entitled "Zoning Exhibit', and Exhibit "C" entitled "Development Standards" which are attached hereto and incorporated herein for all purposes. PD Development Standards.. Development Standards for the planned development of the Land, and all parts thereof, is attached hereto as Exhibit "C" and incorporated herein as if copied in its entirety. Such Development Standards shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and compliance with each and every part of such Development Standards shall constitute a condition precedent to the issuance of any building permit for the Land in this Planned Development District. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting PD - 28, Northwest High School No. 2 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 of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT Planning & Zoning Commission 143 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. 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 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. PUBLICATION The Town Secretary of the Town of "Trophy Club is hereby directed to publish the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 the 7 day of 2007. ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL) Mayor Town of Trophy Club, Texas Planning & Zoning Commission 144 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F APPROVED A5 TO FORM: iaLlu dII&U-111— Town Attorney Town of Trophy Club, Texas Planning & Zoning Commission 145 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F 1W W&VI►I D1 O -J 1 PIUM0 .0 1 ►I - NORTHWEST INDEPENDENT SCHOOL DISTRICT HIGH SCHOOL NO.2 TROPHY CLUB, TEXAS Exhibit "A" ................. Exhibit "B '................. Exhibit "C" Contents ...............................Legal Description Zoning Exhibit -- -------Development Standards Planning & Zoning Commission 146 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F FAIT "A" LEGAL DESCRIPTION Planning & Zoning Commission 147 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F EXHIBIT "A" LEGAL AESCREPTION Being 92.655 acres of land located in the T. Calaway Survey, Abstract No. 272, the T. Ketly Survey, Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton County, Texas, being the tract of land described in the deeds to Northwest Independent School District (Northwest Independent School District "NWISD" ), recorded in Instrument Nos. 2004-52882, 2045-56133, and 2005-56134, Deed Records, Denton County, Texas. Said 92.655 acres of land being mare particularly described as follows: BEGINNING at a 112" iron rod stamped "McCullah" found at the most Westerly Northwest corner of said NWISD tract recorded in Instrument No. 2004-92882, being the Northeast corner of Lot 22, Block L, Green Acre Estates, 2nd Section,. an addition to Denton County, Texas, according to the plat recorded in Volume B, Page 250, Plat Records, Denton County, Texas; THENCE N89'32'20"E, along the most Westerly North line of said NWISD tract recorded in Instrument No. 2004-52882 a distance of 363.50 feet to a God nail found at the Northwest corner of the Save and Except Tract 1 as described in the deed to NWISD in said Instrument No. 2004-52882; THENCE S00"27'22"E, along the West line of said Save and Except Tract 1, at a distance of 255.57 feet passing the Southwest corner of said Save and Except Tract 1, also being the most Westerly Northwest corner of a tract of land described in the deed to C Oil Investments, LTD. recorded in Instrument No. 2005-56135, Deed Records, Denton County, Texas, in all a total distance of 295.57 feet to a 112" iron rod stamped "Beasley RPLS 4050" set at the Southwest corner of said C Oil Investments, LTD tract; THENCE along the South, East, and North lines of said C Oil Investments, LTD tract the following courses and distances: 1. N89°33'02"E, a distance of 410-61 feet to a 112" iron rod stamped "Beasley RPLS 4050" set; 2. N00'2658'VV. a distance of 295.62 feet to a 112" iron rod stamped "Beasley RPLS 4050" set; 3. S89°33"06"W, a distance of 155.00 feet to a 318" iron pipe found at the Northwest corner of said C Oil Investments tract, the Northeast corner of said Save and Except Tract I, and the Southeast comer of a tract of land described in the deed to Hunter Ferrell Properties, Inc recorded in Instrument No. 94-75154, Deed Records, Denton County, Texas; THENCE N00°1537"W, along the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882, a distance of 157.16 feet to a 112" iron rod set at the Southwest corner of a tract of land described in the deed to C Oil Investments, LTD, recorded in Instrument No. 2003-205035, Deed Records, Denton County, Texas; Planning & Zoning Commission 148 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F THENCE along the South. East, and North line of said C Oil Investments, I -TD_ tract described in Instrument No. 2003-205035 the following courses and distances: 1. N65°5114"E, a distance of 293.82 feet to a God nail found; 2. N43°22'38"E, a distance of 110.89 feet to a 60d nail found; 3. N45°01'33"W, a distance of 298.00 feet to a 60d nail found; 4. S89'29'25"W, a distance of 135.33 feet to a 60d nail found in the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882; THENCE N00°15'37'W, along the most Northerly West line of said NWISD tract described in instrument No. 2004-52882, at a distance of 192.98 feet passing a point from which a 50' iron rod stamped "Carter & Burgess" bears 589°44'23'W a distance of 0.97 feet for the Northeast corner of said Hunter 'Ferrell Properties, Inc tract and the Southeast corner of a tract of land described in the deed to Star of Texas Energy Services, Inc recorded in Instrument No. 2004-148911, Deed Records, Denton County, Texas, in all 347.21' to a U.S. Army Corps of Engineers (Corps of Engineers "COE') Monument No. 540-1 found at the most Northerly Northwest corner of said NWISD tract described in Instrument No. 2004-52882; THENCE along the North and East lines of said NWISD tract described in Instrument No. 2004-52882 the following courses and distanoes: 1. S42°22'19"E, a distance of 408.77 feet to a COE Monument No. 540-2 found; 2. S44°1730"E, a distance of 777.59 feet to a COE Monument No. 540-3 found; 3. S58'06'38"W, a distance of 253.93 feet to a COE Monument No. 540-4 found; 4. S61 °23'43"E, a distance of 642.65 feet to a 112" iron rod stamped "McCuliah" found; 5. S50°12'33"E, a distance of 496.53 feet to a COE Monument No. 540-6 found; 6. S15°14'49"W, a distance of 150.59 feet to a COE Monument No. 540-7 found; 7. S27°03'58'"W, a distance of 402.08 feet to a COE Monument No. 540-8 found; 8. N87°09'06"W, a distance of 157.55 feet to a 112" iron rod stamped "Beasley RPLS 4050" set; 9. S77°19'34"VV, a distance of 102.76 feet to a 1/2" iron rod stamped "McCuliah" found; 10. S41 °39'04"W, a distance of 91.39 feet to a 112" iron rad stamped "McCullah" found; Planning & Zoning Commission 149 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F 11. S36"17'12"W, a distance of 52.32 feet to a 112" iron rod stamped "McCullah" found; 12. S40°50'39"W, a distance of 95.59 feet to a 112" iron rod stamped "McCullah" found; 13. S08°39'42"W, a distance of 429.68 feet to a 112" iron rod stamped "McCullah" found; 14. 504"12'41"W, a distance of 306.41 feet to a 112" iron rod stamped "McCullah" found; 15. S13°00'52"W, a distance of 96.30 feet to a 112" iron rod stamped "McCullah" found; 16. S19'36'46"VII, a distance of 103.70 feet to a 112" iron rod stamped "McCullah" found; 17. S10°23'52"W, a distance of 125.46 feet to a pk set in Marshall Creek Road for the Southeast corner of said NWISD tract described in Instrument No. 2004- 52882; THENCE with the South line of said NWISD tract described in Instrument No. 2004- 52882 and along a line in Marshall Greek Road the following courses and distances: 1. Westerly, 138.46 feet along a non tangent curve to the left, having a radius of 1,031.76 feet, a central angle of 07°41'21" and a chord bearing N73'38'58"W, 138.36 feet to a pk set; 2. N77°29'39"W, a distance of 909.47 feet to a pk set at the beginning of a non tangent curve; 3. Westerly, 350-07 feet along a non tangent curve to the left, having a radius of 2,020.05 feet, a central angle of 09°55'45" and a chord bearing N85°28'47"W, 349.63 feet to an X found for the Southwest corner of said NWISD tract described in Instrument No. 20D4-52882; THENCE N00°06'55"E, along the most Westerly West line of said NWISD tract described in Instrument No. 2004-52882, at a distance of 31.69 feet passing a 318° iron rod found at the Southeast corner of Lot 1, Block L, Green Acre Estates, an Addition to Denton County, Texas, according to the plat recorded in Volume 6, Page 6, Plat Records, Denton County, Texas, in all a distance of 1,426.57 feet to a 3I8" iron rod found at the Northeast corner of Lot 14, Block L, of said Green Acre Estates, also being the Southeast corner of Lot 15, Block L. of said Green Acre Estates, 2nd Section; THENCE N00°15'50"E, along the East line of said Green Acre Estates, 2nd Section, a distance of 754.75 feet to the point of beginning, containing 92.655 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. Planning & Zoning Commission 150 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F EXEMIT "B" ZONING EXHIBIT Planning & Zoning Commission 151 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F Planning & Zoning Commission 152 of 271 Meeting Date: Thursday, January 21, 2016 L1 F. •' �A � lrJl -- t � ! � Q: ! 4 '• wk Y 1 ® 9-.'1 A ..i .Ai Ly �_ F - F ; � Y .... J $ B1 t Planning & Zoning Commission 152 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F EXHIBIT "C" DEVELOPMENT STANDARDS Planning & Zoning Commission 153 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F DEVELOPAUNT STANDARDS NISD HIGH SCHOOL NO.2 TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" — Legal Description (a copy of which is attached hereto and incorporated herein) (hereinafter "Tract I") consisting of approximately 92.24 acres of land shall be in accordance with Exhibit "B" — Zoning Exhibit of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Zoning Code, all other applicable codes 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 high school and other appurtenant uses as applicable with a high school site. For development purposes, the land is one contiguous tract. The use and development of the tract shall be in accordance with the Code of Ordinances of the Town, Article IV, Section 4.14 NS — Neighborhood Service District Regulations with the following exceptions: 1. Size of Tract: Tract I shall contain approximately 92.24 acres of land 2. Uses Generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following Permitted Uses: 3. Permitted Uses: (a) Tract 1 shall allow all uses indicated in the following Use List. Athletic Fields, Stadium, Auditorium, Gyms Children's Day Care Center & Kindergarten Park, Playground, Play lots, Related Facilities Public Safety Facilities School Storage (auxiliary uses for HS site) Tennis, Handball, Racquet Ball Clubs 4. Bldg for auxiliary uses on HS site Equestrian facilities Private Stable Recreational Social, Recreational, Assembly Buildings Swimming Pool Utility Facilities, Garage, Storage Limitation of Uses. Except as provided below, any use not expressly permitted herein or allowed by temporary, conditional or specific use permit is prohibited: (a) Sporting Events and any applicable appurtenances shall be granted as a permanent use. (b) Educational or informational displays. Planning & Zoning Commission 154 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F (c) A temporary use as defined in the Zoning Code shall not be permitted or located nearer than one -hundred feet (100') to a residentially zoned district. (d) An accessory use as defined in the Zoning Code shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/ utility structures which shall not exceed fifteen feet (15') in height. Utility structures may include lift stations and other operational utility structures required for full functionality of a high school. Area Building and Site Regulations: The building and site regulations will generally 1`ellow Chapter 13 of the Code of Ordinances of the Town, Article IV, Section 4.14 NS — Neighborhood Service District Regulations, with the exception of those items listed below: (a) Building Hgi ightht No building or structure shall exceed eighty-five feet (85') or three (3) stories in height. (b) Li tin : Prior to the issuance of a building permit for the Land or any part thereof, an overall lighting plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation of the Planning & Zoning Commission. Additionally, written 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. (c) Fencing: Chain link fencing may be used for athletic fields only as long as it has 100% vinyl coverage. Black vinyl is an acceptable color. All other colors shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission. Additional fencing shall meet the requirements of Chapter 13, Article VII, Section 7.01 of the Town's Code of Ordinances. (d) Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster locations shall be subject to the prior approval of the Planning & Zoning Conunission, as indicated on the Final Site Plan. Dumpsters are to be enclosed on all sides with three (3) masonry walls and one (1) gate of a similar architectural style of buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. Planning & Zoning Commission 155 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F 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. (e) 5igriae: Illuminated LEI} and Nan -Illuminated permanent marquee and monument signage will be allowed at drive approaches, intersections and the front of the building. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign pian, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation of the Planning & ,Zoning Commission. Additionally, written standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendinent to this Ordinance. (1) Hours of Operation: The hours of operation shall be between 7am and 11:00pm for the standard calendar school year and shall be between 7:00arn and 6:00pm for the summer session. (g) Mechanical & Electrical Equipment: Mechanical and electrical equipment, including air conditioning units, shall be designed and operated to minimize noise impact on surrounding properly. All such Equipment shall be screened from public view. Equipment screening shall not be considered as a par[ of building height. B. Additional Development Standards: Landscapin& Landscaping shall be provided as required by applicable codes, including but not limited to the Zoning Code as amended, and Chapter 13, Article VII, Section 7.03 Landscaping Regulations, and the Subdivision Regulations, Chapter 12, Article Vlll, except as specifically provided hereinbelow: (a) Interior areas of parking lots shall contain planter islands or berms located so as to best relieve the expanse of paving. Planter islands or berms must be located no further apart than every twenty-four (24) parking spaces and at the terminus of all rows of parking. Such islands or berms shall contain at least one (1) tree. Each tree shall be a minimum of four (4) caliper inches as measured twelve inches (12'� above final grade adjacent to the trunk of the tree. The remainder shall be landscaped with shrubs, lawn and ground. Shrubs shall be a minimum of three feet (3") in height when measured immediately after planting, and shall reach three feet (3') in height within one year of planting. Interior planter islands shall have a minimum size of nine feet (9') by eighteen feet (18'). Planning & Zoning Commission 156 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F (i) Perimeter landscape areas shall contain at least one tree for each fifty (50) linear feet or fraction thereof of perimeter area. Shrubs shall meet the requirements of (13)(1)(a) above. Trees shall be planted in non -vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non -Vehicular Open spaces: 0-100% Tree Ratio per loon -Vehicular Open Space: 9 trees/ 4,000 sq. ft. 2. 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. 1 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. 4. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Planning & Zoning Coordinator shall be permitted. The Planning & Zoning Coordinator shall determine items to be classified as not substantial. 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. 28: (a) Final Site Plan approval, including but not limited to Landscape Plan and Plant List. (b) Building Elevations (c) Sight Line Studies (d) Photometric Plan and Light Fixture Illustrations (e) Signage Planning & Zoning Commission 157 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit F (f) Retaining Wall and Fencing Planning & Zoning Commission 158 of 271 Meeting Date: Thursday, January 21, 2016 6 45� A6m -Ooll WI Q S I Fo NOV kw. : C -X Ti. IL ff' K I _j 64 Y bz 4 m b b, Ob, �2 IX O Z M ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-14-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Discussion and recommendation regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Attachments: Staff Rei)ort.i)df Exhibit A.0 Exhibit 13.0 Exhibit C.pdf Exhibit D. Date Ver. Action By Action Result Discussion and recommendation regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Planning & Zoning Commission 161 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF C TROPHY CLUB 100 Municipal Drive *Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission September 21, 2016 PD -AMD -16-047: Sign Plan Approval for Meat U Anywhere BBQ 91 Trophy Club Drive SUBJECT: Discussion and recommendation regarding approval of a request to amend Ordinance No. 95-20, PD Planned Development District No. 13 in order to approve the signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047 REQUEST: Accent Graphics has submitted a sign plan for the new "Meat -U -Anywhere" BBQ restaurant. The final site plan was approved by the Town Council on August 25, 2015 approving a 7,098 square foot restaurant. CURRENT CONDITIONS AND ZONING: The subject property contains 1.6 acres and is under development as a restaurant. The property is platted as part of The Village subdivision. The property is zoned PD -Planned Development District and is located within PD 13. PD 13 was originally approved by Ordinance 95-20 on November 21, 1995. SIGNAGE REQUIREMANTS: Ordinance 95-20, Exhibit C, Section 16 requires signage for any new buildings in PD 13 to submit a sign plan to be approved as an amendment to PD 13 regulations. This section reads as follows: "Signs. 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, shall have been approved by the Town Council. Upon approval of the sign plan, the plan shall become a part of this ordinance as if copied herein in its entirety. Except as specifically provided in this Ordinance, the signs reflected on the sign plan shall conform to applicable ordinances of the Town and with thefollowing: Page 1 of 4 Planning & Zoning Commission 162 of 271 Meeting Date: Thursday, January 21, 2016 a. Main Sign Monument type located within landscaped area at front corner of site. To be a maximum of four (4) feet in height, fifteen (15) feet in length and sixty (60) square feet in total area. b. Site Identification Signage Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length, and forty (40) square feet in total area. No product advertising shall be allowed. c. Building Signage Placard type signage shall be permitted on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. d. Directional Signage all directional, safety and handicapped signage shall be of a character so as to complement the project and be of wooden construction. e. All signage shall be externally lighted only. No neon or similar type lighting is permitted. f. No signage of any type shall be displayed in window areas of any building. No banner or temporary sign shall be allowed on the exterior of any building. g. No pole -type identification signs shall be allowed. h. All signage shall be located so as to avoid traffic obstructions and outside of any sight easements " In addition to the PD 13 requirements, Article 4, Sign Regulations in the Code of Ordinances contains the following requirements relative to non-residential signage: Monument Signs — Maximum height: 10 feet, Maximum area: 50 square feet. The sign base must be constructed of masonry material. Wall Signs — Must 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. Maximum area: 40 square feet, or the product of 2 times the lineal width of the wall, whichever greater. The sign shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant's space ANALYSIS OF PROPOSED SIGNAGE: The following is an analysis of the proposed signage relative to the requirements stated above: Page 2 of 4 Planning & Zoning Commission 163 of 271 Meeting Date: Thursday, January 21, 2016 Proposed monument signage: number of signs: one; height:7 feet; area 42 square feet. The sign will contain a natural stone masonry band that is wrapped around the sign. The sign will be located atop an existing two -foot masonry wall. Therefore the total height of the sign will be 9 feet from ground level. The proposed monument sign does not comply with Section 16(b) of the PD 13 regulations noted above as it exceeds the maximum height by five feet and the total area by two square feet. Additionally, Section 4.03(A) in the sign regulations in Code of Ordinances states that "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". The proposed sign is in compliance with all other signage requirements contained in the Code of Ordinances. According to the PD 13 signage regulations, the proposed sign must be located so as to avoid traffic obstructions and outside of any sight easements. The sign will be located approximately 17 feet from the edge of pavement along Trophy Club Drive and seven feet from the driveway throat entering the subject property. The only turning movements allowed in the driveway approach are inbound and outbound right turns. Left turns are prohibited given the existence of a raised median along Trophy Club Drive. Based on staffs assessment of the sign location, there are no traffic sight issues related to the monument sign. Proposed wall signage: number of signs: five; specific dimensions are as follows: Front (South) Elevation: (1) Restaurant logo sign — 5'6" x 5'6" (2) Lettered sign — 1'8" x 2915" East Elevation: (1) Trophy club logo sign — 4'2" x 3'3" (2) Restaurant logo sign — 57" x 3'8" West Elevation: (1) Restaurant logo sign - 5'6" x 5'6" The proposed wall signage meets the PD 13 signage requirements but does not comply with the wall sign requirements contained in the Code of Ordinances as the signs exceed the maximum number, dimensions and area. Proposed illumination: Wall signage will be reverse lit such that the light is mounted behind the logo/lettering so that it projects off of the wall face. The building face as well as the monument sign will be wrapped with red LED light bar strips as shown on the attached exhibits. The proposed illumination does not comply with the PD 13 signage requirements, which states that "all signage shall be externally lighted only. No neon or similar type lighting is permitted" but is in compliance with the signage requirements contained in the Code of Ordinances. Page 3 of 4 Planning & Zoning Commission 164 of 271 Meeting Date: Thursday, January 21, 2016 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 19 property owners within 200 feet of the subject property. To date no correspondence has been received. STAFF REVIEW AND RECOMMENDATION: The proposed sign package includes five wall signs, a single monument sign and red LED illumination banding the monument sign and the main building. The proposed signage is not entirely in compliance with the standards contained in the PD 13 regulations and the Code of Ordinances. However, the wall sign regulations contained in the Code of Ordinances were written strictly with multi -tenant retail lease space in mind and not stand-alone restaurants or retail. Likewise, the PD 13 regulations were written 20 years ago and do not specifically account for a stand-alone restaurant use but were, instead, written to apply to multi -tenant retail and office buildings. Meat U Anywhere will be the first stand-alone restaurant in Trophy Club. Given these conditions, it should be noted that the requirement in the PD 13 regulations that the sign plan must be approved as an amendment to the PD 13 ordinance is in place precisely to allow some legislative flexibility based on the type of building to which any signage would be paired - to be reviewed on a case-by-case basis. Staff recommends approval of the sign plan as submitted. Attachments: Exhibit "A" — Proposed Sign Plans Exhibit "B" — Approved Site Plan Exhibit "C" — PD 13 Ordinance No. 95-20 Exhibit "D" — Location Map and Plat Page 4 of 4 Planning & Zoning Commission 165 of 271 Meeting Date: Thursday, January 21, 2016 I x W G 16 V_ ° m m m m m LL C Q s m � O C of � N H o� Z < �v _ O •N N 2 m Q z _ x� om N i 17 x F ❑ �I x z� "" a °' w W W yK a3 V x< Y o z W o V oz J� I ° a a R U U) c0i x J # ~ Q N W m Z N d w } z_ DO m N = QLU _ O 2i LL O # 3 U Q Q Y } U)D o r p Q U U J W U J of W W W Q d' 7Q [if W w w� ZC F LU HYi O0 -m wY w z oc 0z0 p OQ0 ppH OQ a N cnp} Z �_j w(nQ �m } L) Z j Q m m z z W d z Q Q Q w Qm W_ p Ups Zip �p D = o wx= w QFui w 000 Yw r N N pHaC) IJiz= 2E F- Qa g o D x Qw Q z Q cp�cn mQ ¢ ~ z - o � m F z — Z ¢ 7 W o J N N F ~ p cl 9 N / / / J / / 1 / / F- _3 a 'v%v -A 'A H J/,i /y�LU y - W- 0 0 -Ln , o Ed / ✓ �� z = =Lyll = x O [~/J O a `C FO m aaa��aaaaa c T =� x �. 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Z C, _ W J 0 ui z F R a m cl I J YW U) V Od i p= J� V n0 w�i O. — D U i — ~oma rA Z5 w no z m W N ILLI }Zm U) _>¢ Q oY W (7 m zJ U) LL 1fJ w = Z~ J LL O 0 6 \ c`.i W o x w w J W W U (nm� = LU D O O w N Q OU N J F j O M MQ Z Q 0 D _ C Q w m IQi� zj act II M QJ O J U) io W w F I I I�N U w c Ili.+I'. z w ¢ C7 w o N F � N W y CI d N ink a' I _ yEd 45 = - O m I a o �U zx `°co 0 p S w - s � moo w wQ'o m r I Ln Q fr z Q 0 `m x I I � : z�OE m O w K - W a vif svxgi 'sn'70 A14dOYl \ � � ; \ ^ gmdasmO AHdOHI k6 \ /\/\j -n 086 989HMANV -1 V9 PV E E 0 0 N 06 �\\ G,\\\\}} E E 0 0 N 06 Exhibit C TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. QQ^? nn AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF CG -COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE SERVICE STATION) AND COMMERCIAL OFFICE USES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #13 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE. WHEREAS, the owner of the tract of Iand (the "Land"), described as a 9.947 acre tract of land located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114 within the Town of Trophy Club, Texas (the "Town") as more particularly described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 94-09 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 on before the Planning and Zoning Commission and Town Council; and -1- DDC #: 315892 Planning & Zoning Commission 176 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood, the fire hazards and other dangers possibly present and the securing of safety from the same, lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and 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 finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; 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 said 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 WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; and 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 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. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following -2- DOC 9: 315892 Planning & Zoning Commission 177 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 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, being a 9.947 acre tract of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned CG -Commercial General District is hereby changed to PD Planned Development District for retail (commercial and gasoline service station uses) and commercial office uses, in accordance with the requirements of this Ordinance (including Exhibits "B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual Landscape Plan and other conceptual drawings, "F" (Approved PIant List), "H" (Preliminary Grading/Sight Line Study), "I" (Conceptual East and South EIevations), "J" (showing Ripon -A light fixtures), and "K" (Austin stone masonry wall design), each of which Exhibits is incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A planned development site plan for the Land or any part thereof which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be submitted by the Owner of the Land as required by and in accordance with the Comprehensive Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. By way of example only, Exhibit "G" (Potential Alternate Site Plan) represents a potential final site configuration and building design which maintains the design elements reflected in the PD Site Plan attached as Exhibit "13. " Section 4. Zon_ i ng map. The Planning and Zoning Administrator is hereby directed to o mark and indicate n the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Development conditions. In carrying out the development of the Land in accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be conditions precedent to the granting of any certificate of occupancy. Section 6. Restrictive covenants. In connection with the development of the Land, the Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants running with the Land (which covenants are attached hereto as Exhibit "D") in a form to be approved by the Town and to which the Town may be made a party for certain purposes. Section 7. 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. Section 8. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. -3- DOC 1/: 315892 Planning & Zoning Commission 178 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Section 9. Sam. 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. Section 10. Penal1y. 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 shaII 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. Section 11. SeverabiIity. 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 12. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21 s t day of _ November _ _ , 1995. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 4wnA,y Club. Texas DOC #: 315992 13 Planning & Zoning Commission 179 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C A`Ctss , .tip. l�Ri- l. �r& F4:,. Tj I1� R LEGAL DESCRIPTION The following described tract or parcel of land situated in the C Madlin Survey, Abstract No. 823. Denton County, Texas and being a portion of a 127.140 acre tract of land as conveyed to Nelson Bunker Hunt by deed recorded on Page 426 of Volume 571 in the Denton County Deed Records and being a portion of a 10 0 acre tract of land as conveyed to Independent American Development Corporalion by deed recorded on Page 191 of Volume 2441 in the Denton County Deed Records and being more particularly described as follows BEGINNING at an old 112 inch iron rod in the Northerly right-of-way line of State Highway No 114 (a 100 0 foot right-of-way) and being the Southeast comer of Tract "C", TROPHY CLUB. Section Eight, an Addition to Denton County, Texas according to plat recorded on Page 12 of Volume 15 in the Denton County Plat Records; THENCE N 21'13'07'E along the East line of said TROPHY CLUB, Section Eight a distance of 269-79 feet to an old 112 inch iron rod and being in the South line of TROPHY CLUB, Section Five, an Addition to Denton County, Texas according to the revised plat recorded on Page 10 of Volume 13 in the Denton County Plat Records; THENCE S 6833'20" E along the South line of said TROPHY CLUB, Section Five a distance of .613 47 feet to an old 112 inch iron rod; THENCE N 63 14'32" E along the South line of said TROPHY CLUB, Section Five a distance of 735 37 feet to an old 112 inch iron rod, THENCE N 51'10' E along the South line of said TROPHY CLUB, Section Five a distance of 43.2 feet to an old 518 inch iron rod; THENCE S 17'10'35" E a distance of 234.77 feet to an old 518 inch iron rod and being in the Westerly right-of-way line of Trophy Club Drive (a variable width right-of-way) as recorded on Page 882 of Volume 738 in the Denton County Deed Records and being on a curve having a radius of 640.46 feel whose center bears S 1707'36" E a distance of 640 46 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive a distance of 73.78 feel to a concrete Texas Department of Transportation monument at the beginning of a curve to the left having a radius of 75 0 feel whose center bears N 7001'38" W a distance of 75.0 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive and through a central angle of 91 `09'19", an are length of 119.32 feet, a chord bearing of S 65`33'01" W, and a chord distance of 107.13 feet to a concrete Texas Department of Transportation monument and being in the Northerly right-of-way line of said Slate Highway No 114; THENCE N 69 03'52" W along the Northerly right-of-way line of said State Highway No. 114 a distance of 956 9 feet to place of beginning, containing 9 9470 acres or 433,293 square feet of land. more or less Planning & Zoning Commission EXHIBIT "A" 180 of 271 Meeting Date: Thursday, January 21, 2016 W � k W -Tj _ . o § / � $ � / � ± / \�( - \\/\\ ] __� 3 j � y c � m § \ > k � § E E 3 A / ƒ Exhibit C EXHIBIT "C" DEVELOPMENT STANDARDS THE VILLAGE AT TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" consisting of approximately 9.947 acres of land shall be in accordance with the PD Site Plan of the development (attached hereto as Exhibit "B"), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3 and 4 as shown on Exhibit 'B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1(Retail uses as depicted in Exhibit "B"): The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of Iand. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shaII be installed, erected or converted to any use other than the following: (1) Permitted uses: (A) Book stores (N) Specialty household furnishings and (B) Stationery, card and party fixtures stores (0) Boutiques (C) Specialty gift stores (P) Antique shops (D) Computer and electronic sales (Q) Neighborhood hardware stores and service stores (R) Small household appliance stores (E) Specialty neighborhood (S) Bicycle shops (non -motorized) services and shops (T) Wearing apparel and shoe shops (F) Barber, nail and beauty shops (U) Art supply store (G) Art gallery (V) Electric goods and fixtures (H) Confectionery shops (W) Sporting goods stores (1) Ice cream shops (X) Fabric and knitting shops (J) Drug stores, apothecary and (Y) Music/video store (no video arcade pharmacy machines allowed, no adult video (K) Jewelry and watch store sales or rentals allowed) (L) Florist (Z) All permitted uses in Tracts 3 and 4 (M) Arts, crafts and hobby stores EXHIBIT CTO ORDINANCE NO. 95-20 Doc !1: 315892 Page Iof12 Planning & Zoning Commission 182 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (2) Accesso uses: Accessory uses shall be permitted in accordance with the regulations set forth in Section 35 of the Comprehensive Zoning Ordinance. Outdoor pay phones shall not be permitted. (3) Conditional uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Comprehensive Zoning Ordinance. (4) Limitation of uses: Any use not expressly permitted herein or allowed by permit is prohibited. (c) Area and building re_g4lations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 25% of the total area of Tract 1. (ii) Maximum floor _area` number of buildings: The maximum combined square footage of all main and accessory buildings shall be 40,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 1. No building shall contain more than 20,000 square feet. (iii) 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 area of Tract 1. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard. feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard. feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet*: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) He.��ht: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading_reguulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other EXHIBIT C TO ORDINANCE NO. 95-20 Page 2 of 12 AOC N: 315892 Planning & Zoning Commission 183 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street Ioading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 2. Tract 2 (Retail/commercial use with gasoline island): The following standards shall apply to Tract 2: (a) Size of tract: Tract 2 shall contain approximately 1.8 acres of land. (b) Permitted uses: In the development of Tract 2, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Convenience store with gasoline sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed) (c) Area and building regulations: (2) All uses permitted in Tracts 1, 3 and 4 (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15 % of the total area of Tract 2. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 2. (iii) 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 area of Tract 2. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. EXHIBIT C TO ORDINANCE NO. 9 5— 2 0 DOC N: 315892 Planning & Zoning Commission 184 of 271 Page 3 of 12 Meeting Date: Thursday, January 21, 2016 Exhibit C (vi) Depth of f rearyard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side. feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 3. Tract 3 (Transition from office and commercialto retail): The following standards shall apply to Tract 3: (a) Size of tract: Tract 3 shall contain approximately 1.5 acres of land. (b) Permitted uses: In the development of Tract 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Restaurants with no drive- through or drive-in (2) Restaurants with alcoholic beverage sales (subject to required Town approvals) (3) Office supply (c) Area and building reuulations: (4) Photographic service and studio (5) Specialty gourmet food stores (6) Bakery shop (7) Dry cleaners (pick-up and delivery only) (8) All uses permitted in Tract 4 (i) Maximum building_ coverage: The combined area of all main and accessory buildings shall not exceed 15% of the total area of Tract 3. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 3. EXHIBIT C TO ORDINANCE NO. 9 5— 2 0 DDC #: 315892 Page 4 of 12 Planning & Zoning Commission 185 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (iii) 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 area of Tract 3. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard. feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 3. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking,, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van ' accessible spaces, shall be provided according to Town standards. 4. Tract 4 (Tracts 4A. 4B if Exhibit G is used) (Office/commercial uses): The following standards shall apply to Tract 4: (a) Size of tract: Tract 4 shall contain approximately 2.8 acres of land. (b) Permitted uses: In the development of Tract 4, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: EXHIBIT C TO ORDINANCE NO. 9 5 — 2 o Page 5 of 12 DOC #: 315892 Planning & Zoning Commission 186 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C (1) Administrative, executive editorial office (2) Accounting office (3) Architectural, engineering, planning office (4) Attorney's office (5) Physician or dentist (6) Municipal administration and public service buildings (7) Insurance office (8) Personal or family counselor (9) Public secretary (10) Bank, savings and loan (11) Mortgage company (12) Interior design and supply services (c) Area and building regulations: (13) Specialty neighborhood services (14) Title company (15) Health and athletic services (16) Weight reduction services (17) Medical, dental, chiropractic, optometry, etc. (18) Real estate office (19) Art studio (20) Dance studio (21) Duplication and mailing service (22) Printing, publishing and engraving (23) Educational services (24) Private health clubs (i) Maximum buildine coverage: The combined area of all main and accessory buildings shall not exceed 35 % of the total area of Tract 4. (ii) Maximum floor area, number of buildings: The maximum combined square footage of all main and accessory buildings shall be 44,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 4. (iii) 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 area of Tract 4. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 4. EXHIBIT C TO ORDINANCE NO. 9 5- Z 0 DOC P. 315992 Planning & Zoning Commission 187 of 271 Page 6 of 12 Meeting Date: Thursday, January 21, 2016 Exhibit C (viii) Heigh : No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional development standards applicable to this Planned Development District: 1. Concept plan. An overall concept plan showing all internal streets, drainage, utilities, and exact divisions between land uses shall be submitted simultaneously with the submission of the first comprehensive site plan for any Tract in this Planned Development District. 2. Buffered Area. (a) All principal buildings and structures shall be set back a minimum of forty (40) feet from the common property line of any adjoining property used or zoned residential. (b) A thirty (30) foot continuous landscape buffer shall be provided along all single family residential property lines as indicated on Exhibit 'B" attached hereto (PD Site Plan) and Exhibit "E" (Landscape Concept Plan). The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from the mandatory plant list (attached hereto as Exhibit "F" and incorporated herein). The thirty (30) foot continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the owners of the Land. Landscaping and irrigation along the entire landscape buffer shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. (c) Prior to the issuance of any building permit for the Land, a continuous eight (8) foot "Woodcrete" fence (see Exhibit "K") shall be provided along the adjacent single family residential property Iines and shall be constructed completely on the Land. Eight (8) foot Austin Stone columns shall be constructed at all property corners of each adjacent single family residential lot. The height of the fence shall be measured from the existing grade. The Owner of the Land, at its sole EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 7 of 12 DOC #: 315892 Planning & Zoning Commission 188 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C expense, shall remove all rear wood fencing (constructed on the adjacent single- family residential lots) and shall construct wooden fence connections between existing residential fences and the "Woodcrete" screening fence. Connections shall be of like construction to existing fences. The fence contractor shall design specific per lot fence grades per the existing conditions which will not hinder or impede current utility or drainage conditions. The fence construction shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. 3. Landscaping. Landscaping shall be in accordance with Section 46, "Landscaping ReguIations," of the Comprehensive Zoning Ordinance and with the following: (a) Berming shall be utilized along street frontages, when possible, to screen parking from public view. (b) All landscaped areas shall be irrigated. (c) Landscaping shall be maintained by the Owners of the Land. Any dead plant material shall be removed and replaced in a timely manner. (d) All plant materials must be selected from the mandatory plant list attached hereto as Exhibit "F." The Landscape Concept Plan (Exhibit "E") has been included with this Ordinance to generally illustrate the intent and location of landscaping tree massing. Trees shall be 3 1/2"- 4 1/2" minimum caliper, as the case may be, at the time of installation. Trees located in the 30 foot landscape easement adjacent to the single family property shall be located so as to provide a full screen at the time of maturity. These trees shall be evergreen. Detailed landscape plans, sealed by a registered landscape architect, shall be provided on each tract at the time of Final Site Plan submittal. 4. Deceleration and left turn lanes. The Owner of the Land has voluntarily agreed to and shall provide left-hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit "B" (Site Plan). A deceleration lane will be provided along Trophy Club Drive as shown on Exhibit "B" (Site Plan). Construction of the deceleration and left-hand turn lanes shall be constructed at the same time as the reconstruction of Trophy Club Drive by the Town. 5. Hours of operation of uses. Hours of operation for the uses set forth herein shall be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls shall be allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. EXHIBIT C TO ORDINANCE NO. 9 5 - Z o Page 8 of 12 DOC #: 315892 Planning & Zoning Commission 189 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 6. Accessory uses. Accessory uses shall be permitted in accordance with the regulations set forth in Section 35, "Accessory Buildings," of the Comprehensive Zoning Ordinance. 7. Conditional uses. No conditional uses shall be permitted. 8. Limitation of uses. Any use not expressly provided for in this Ordinance or otherwise allowed by law is prohibited. 9. Building materials. All main and accessory buildings shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the Town's Building Code and Fire Code. All buildings and structures shall be constructed of natural stone with a metal type roof. All windows and doors shall be of wood construction. Typical elevations are provided with this Ordinance (see Exhibit "I" to illustrate the conceptual architectural style and detail. (a) Vertical walls of each building exclusive of doors and windows shall be of one hundred percent (100%) masonry. All vertical walls visible from the street shall be an Austin Stone or similar material. Split concrete block or similar material may be used on rear exteriors not visible from the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof of any building shall be galvalum construction and shall be allowed to weather to a natural color, and shall be of a uniform color. No application of a colored paint shall be allowed. All roofs shall be properly maintained by the building owner. 10. Development schedule. The Land shall be developed in accordance with the following schedule submitted by the Owner/Developer: January 1, 1996 to December 31, 1997 Bank Site Convenience Site with Gasoline Sales Office Building January 1, 1997 to December 31, 1998 Second Office Building Retail Building EXHIBIT C TO ORDINANCE NO. 9 5- 2 0 DOC N: 315892 14,000 - 22,00 square feet 14,000 square feet 16,000 to 20,000 square feet Page 9of12 Planning & Zoning Commission 190 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C January 1, 1998 to December 31, 1999 Complete remaining office and retail development Every six (6) months following the approval of this Ordinance, the Building Inspector shall report to the Planning and Zoning Commission and the Town Council the actual development accomplished as compared with the development schedule submitted by the Owner/Developer of the Land. If, in the opinion of the Planning and Zoning Commission or the Town Council, the Owner/Developer has failed to meet the approved development schedule, the Planning and Zoning Commission or the Town Council may initiate proceedings to amend all or part of the zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the recommendation of the Planning and Zoning Commission, after all hearings have been held as required by law, the Town Council may amend all or part of the zoning of the Land and/or amend the provisions of this Ordinance to extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions then existing. 11. Landscaped islands/parking. Per the landscape ordinance of the Town of Trophy Club, a landscaped island shall be provided for every 12 parking spaces. 12. Additional parking standards. Parking shall be provided in accordance with the ratios identified on the plan. Shared parking is allowed and can be used in calculations to provide minimum total spaces for overall site. 13. Handicapped parking. Handicapped/accessible parking, including van accessible spaces shall be provided per Town standards. 14. Parkin 1s: of lighting. All parking lot lighting shall be located approximately as shown on the PD Site Plan (Exhibit B). Poles shall be a maximum of 20 feet in height. Pole lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to building face or in ground fixtures and oriented to wash building with light. Specific light standards shall be included on final site plan requests and included in final landscape plans and signage plans. 15. Screening fence. The screening fence shown on the PD Site Plan (attached hereto as Exhibit "B") shall be of woodcrete construction with a wood panel design (see detail attached hereto as Exhibit "K") and a minimum of 8 feet in height. This height shall be measured from existing grade. Fence shall be constructed completely on the commercial property in accordance with Town standards. Developer shall construct wooden fence connections between existing residential fences and proposed woodcrete fence. Connections shall be of like construction to existing fences. Fence contractor shall design specific, per lot fence grades per existing conditions and will not hinder or impede current utility or drainage conditions. 16. Signs. 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, shall have been approved EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 10 of 12 DOC #! 315892 Planning & Zoning Commission 191 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C by the Town Council. Upon approval of the sign plan, the plan shall become a part of this ordinance as if copied herein in its entirety. The signs reflected on the sign plan shall conform to applicable ordinances of the Town and with the following: a. Main Sign - Monument type located within landscaped area at front corner of site. To be a maximum of four (4) feet in height, fifteen (IS) feet in Iength and sixty (60) square feet in total area. b. Site Identification Signage - Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length, and forty (40) square feet in total area. No product advertising shall be allowed. Building Signage - Placard type signage shall be permitted on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. d. Directional Signage - all directional, safety and handicapped signage shall be of a character so as to complement the project and be of wooden construction. All signage shall be externally lighted only. No neon or similar type lighting is permitted. f. No signage of any type shall be displayed in window areas of any building. No banner or temporary sign shall be allowed on the exterior of any building. g. No pole -type identification signs shall be allowed. h. All signage shall be located so as to avoid traffic obstructions and outside of any sight easements. 17. Fire _lanes. Fire lanes are as shown an plan. Location and detail shall be provided at the time of Final Site Plan approval and shall be approved by the fire department. 18. Final site plan: Any Final Site Plan request shall include, among other things: (a) The detailed site plan per Town standards; (b) The final architectural elevations and materials; (c) The final landscape and irrigation plans; and (d) An updated PD concept plan which illustrates any site planning changes modified by the proposed Final Site Plan. Upon approval, the said Site Plan shall become a part of this Ordinance. EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 11 of 12 Doc M: 315D2 Planning & Zoning Commission 192 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 19. Outdoor storage. No outdoor storage, except for refuse disposal shall be permitted on the land. All dumpsters are prohibited at the rear of any buildings. Dumpsters are to be enclosed on all sides with Masonry walls and gates of similar 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. 20. Mechanical and electrical equipment. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimum noise impact on surrounding property. All such equipment shall be screened from public view. 21. Lighting. Lighting shall be designed to reflect down or away from any adjacent residential area: (a) Pole Lamps shall be a maximum of twenty (20) feet in height. Pole Iighting shall be oriented down and away from all adjacent properties. Pole Iamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight (S) feet or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the verde green color. An overall site lighting plan shall accompany the final site plan meeting all the requirements of this Ordinance and all other applicable ordinances of the Town. The site lighting plan shall subject to review and approval by the Town Council. 22. Minor site planning modifications. It is understood that the approval of this plan does not deny the opportunity to make minor site planning modifications as it relates to building and lot layout and configuration. The Town shall continue to maintain the intent of this plan in all subsequent approval processes. EXHIBIT C TO ORDINANCE NO. 95-20 Page 12 of 12 DOC #: 315642 Planning & Zoning Commission 193 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE, VYLLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS (To Be Finalized Prior To Finn] Plat Approval) Page 1 DRAFT Planning & Zoning Commission 194 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C TABLE OF CONTENTS ARTICLE I DEVELOPMENTSTANDARDS A. GENERAL PURPOSE. B. USES C. BUILDING PERMIT REQUIREMENTS D. HEIGHT REGULATIONS E. AREA REGULATIONS F. SCRE ENING/BU111FERING REGULATIONS G. LANDSCAPING REQUIREMENTS H. OFF STREET LOADING I. HOURS OF OPERATION J. OFF-SITE PUBLIC IMPROVEMENTS K. DESIGN REQUIREMENTS L. PROJECT GRADES/ELEVATIONS ARTICLE H ARCHITECTURAL CONTROL 2.01 Appointment 2.02 Successors 2.03 Authority 2.04 Procedure For Approval 2.05 Standards 2.06 Liability of Committee ARTICLE III GENERAL PROVISIONS 3.01 Recorded Plat 3.02 Mortgage 3.03 Term 3.04 Severability 3.05 Binding Effect 3.06 Enforcement 3.07 Definition of Owner 3.08 Addresses EXHIBIT A: LEGAL DESCRIPTION EXIPIBIT B: PD SITE PLAN EXHIBIT E: LANDSCAPING CONCEPT PLAN EXHIBIT F: APPROVED PLANT LIST EXH]BIT G: POTENTIAL ALTERNATE SITE PLAN EXHIBIT H: PROPOSED ELEVATIONS / SITE LINES EXHIBIT I: CONCEPT ELEVATIONS Page 2 DRAFT Planning & Zoning Commission 195 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C DECLAT3.ATION OF COVENANTS, CONDI'T'IONS AND RESTRICTIONS THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS K1VOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THAT Oakmont Enterprises, Inc., a Texas corporation (the "Declarant") is the owner of approximately 9.947 acres (the "Addition"), an Addition to the Town of Trophy CIub (the "Town"), Texas, according to the Plat thereof (the "Plat") recorded in of the Map of Records of Denton County (the "County"), Texas. Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, and subject to that Declaration of Covenants and Deed restrictions recorded in Volume , Page of the Deed of Records of Denton County, Texas (the "Addition CCR's") which are for the purpose of establishing a general scheme for the development of all of the lots in the addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the property or any part thereof, and which shall inure to the benefit of each owner thereof. ARTICLE I DEVELOPMENT STANDARDS A. GENERAL PURPOSE. 1. Project Development: The purpose of this Non -Residential Planned Development is to allow retail, commercial and office development and services. This project shall provide uses complementary to the needs of the area, designed to harmonize with the residential character of the Town and planned within a landscaped envu•onment that helps to create a `visual entry" into Trophy Club. The ultimate development will also make a considerable contribution to the tali base of the Town. 2. Project Approvals: The PD Development has been requested to provide the provisions, allowances and specific design criteria needed to create a uniquely planned and designed commercial development, The project goal is to both provide an atmosphere of the highest possible quality for the Town of Trophy Club Page 3 DRA117 Planning & Zoning Commission 196 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C and to maintain a successful environment for the owners and operators of the proposed Development. This combination of quality and success is the purpose of the proposed Development and will assist in maintaining the highest standards of living for the residents of Trophy Club both now and in the future. Within this framework, the ultimate development plan may vary as the final property configurations and building designs are determined. The purpose of the attached Exhibit B: PD Site Plan, subsequent to its approval by the Town Council, will be to provide a framework and system of checks and balances to guide the ultimate development of the project. The process for Final Site Plan with the required Revised PD Site Plan or Plans, (see Paragraph C below) is intended to allow the Town the consideration of approvals of individual components of the Development, as they occur, to insure that they shall meet the spirit and intent of the original Exhibit B: PD Site Plan and the PD Ordinance and their conditions and provisions. As an example, the attached Exhibit G: Potential Alternate Site Plan illustrates an example of a potential final site configuration and building design which maintains the design elements established in Exhibit B: PD Site Plan. Unless specifically addressed to the contrary herein, all applicable ordinances and standards of the Town of Trophy Club shall apply. In the case of a conflict, the PD Ordinance shall govern. 3. General Definition of Terms Herein. As used herein the following terns shall have these meanings: (a) Development: The entire 9.947 land area of the project. (b) Developer: The then current owner of the Development and/or the Tract being referred to. (c) Tract: The portion or portions of the Development which have been platted or are being proposed to be platted into smaller parcels of the whole Development -under preliminary or final. plats which are subject to all of the provisions and regulations of this PD Ordinance. (d) PD Ordinance: The entire final Non -Residential Planned Development Ordinance of which this Exhibit is a part which has been. approved by the Town Council and filed of record in Denton County, Texas. B. US1GS: The land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. Page 4 DRAFT Planning & Zoning Commission 197 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C B.I. Permitted Principal Uses by Tracts. B.l.(a) Tract 4: Office/Commercial Shall permit the following principal uses: 1. Administrative, Executive, Editorial Office 2. Accounting Office 3. Architectural, Engineering, Planning Office 4. Attorney's Office 5. Physician or Dentist 6. Municipal Administration and Public Service Buildings 7. Insurance Office 8. Personal or Family Counselor 9. Public Secretary 10. Bank, Savings and Loan 11. Mortgage Company 12, Interior Design and Supply Services 13, Specialty Neighborhood Services 14. Title Company 15. Health and Athletic Services 16. Weight Reduction Services 17. Medical, Dental, Chiropractic, Optometry, etc. 18. Real Estate Office 19. Art Studio 20. Dance Studio 21. Duplication and Mailing Service 22. Printing, Publishing and Engraving 23. Educational Services 24. Private Health Clubs B.l.N Tract 3: Transition from Office & Commercial to Retail Shall permit all of the Tract 4 uses plus the following: 1. Restaurants- no drive-thru or drive-in 4. Photographic Service and Studio 2. Restaurants with Alcoholic Beverage 5. Specialty Gourmet Food Stores Sales (subject to required Town 6. Bakery Shop approvals) 7. Dry Cleaners (Pick up and Delivery 3. Office Supply only) B.I(c) Tract 1: Retail/Commercial Shall permit all of the uses of Tracts 3 & 4 plus the following: 1. Book Stores 2. Stationery, Card and Party Stores 3. Specialty Gift Stores 4. Computer and Electronic Sales and Service Stores 5. Specialty Neighborhood Services Shops 6. Barber, Nail and Beauty Shops 7. Art Gallery 8. Confectionery Shops 9. lee Cream Shops 10. Drug Stores, Apothecary and Page 5 DRAFT Pharmacy 11. Jewelry and Watch Store 12. Florist 13. Arts, Crafts and Hobby Stores 14. Specialty Household Furnishings and Fixtures 15. Boutiques 16. Antique Shops 17. Neighborhood Hardware Stores 18. Small. Household Appliance Store 19. Bicycle Shops (non -motorized) 20. Wearing Apparel and Shoe Shops Planning & Zoning Commission 198 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 21. Art Supply Store 22. Electric Goods and Fixtures 23. Sporting Good Stores 24. Fabric and Knitting Shops B.1(d) Tract 2: Retail/Commercial 25. MusicNideo Store (no video arcade machines allowed, no adult video sales or rentals allowed) Shall permit all of the uses of Tract 3, Tract 4 and Tract 1, plus the following: 1, Convenience Store with Gasoline Sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed). 5.2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in the Section 35 of the Zoning Ordinance of the Town of Trophy Club. Outdoor pay phones shall not be permitted anywhere on the Development. B.3. Conditional Uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Zoning Ordinance of the Town of Trophy Club. BA. Limitation of Uses: Unless described in Section B. herein and/or as detennined by the Town at the time of building permitting, no additional uses shall be allowed. C. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of building shall be approved unless: 1. A Final Plat on all or a portion of the Tract on which the building is to be built, meeting all requirements of the PD Ordinance, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. A Final Site Plan on the platted portion of the Tract on which the building is to be built, meeting all the requirements of the PD District, has been approved by the Town Council; 3. A revised PD Site Plan, if so required by the Town staff meeting the spirit and intent of Exhibit B: PD Site Plan and this PD Ordinance, has been approved by the Town Council as a part of the Final Site PIan (as defined above in C.1.); 4. A detailed Landscape Plan accompanying the Final Site Plan, as prepared by a registered landscape architect, and meeting all requirements of the PD Ordinance, has been approved by the Town Council; 5. An overall Signage Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town Council; Page 6 DRAFT Planning & Zoning Commission 199 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C G. An overall Site Lighting Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town. Council. 7. The Architectural Review Committee shall have reviewed the building and landscape plans, which are required by the covenants and restrictions associated with. this project. No construction is allowed without the written approval of the Architectural Control Committee. D. IIEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or one (1) story in total height. E. AREA REGULATIONS: The following standards shall be required: 1, Minimum Open Space: At least twenty percent (20%) of the total. Tract area shall be devoted to non -vehicular open space. (Non -vehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 2. Maximum Building Coverage: The combined area covered by all main and accessory buildings and st3uctuures shall not exceed forty percent (40%) of the total Tract area. 3. Maximum Building Square Footage: The building square footage for all or a part of Tracts 1-4 shall not exceed the following: Tract 1: Tract 1 shall be restricted to a minimum of two (2) buildings. No building shall be larger than 20,000 square feet. Tract 2: Tract 2 shall be restricted to a minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 3: Tract 3 shall be restricted to minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 4: Tract 4 shall be restricted to minimum of two (2) buildings. No building shall be larger than 22,000 square feet. 4. Off Street Parldng. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped/Accessible parking, including van accessible spaces, shall be provided according to Town standards. The nuinimnun number of parking spaces for each Tract shall be l space for every 300 square feet of building area on the Tract. 5. Tract Subdivisions. The Tracts 1-4 as defined herein in this PD Ordinance and shown on the attached Exhibit B: PD Site Plan may be subdivided, combined, and/or slightly varied on their adjoining property lines through the Final Plat approval process. However, all such subdivided or varied Tracts shall Page 7 DRAFT Planning & Zoning Commission 200 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C conform to the regulations herein defined for the Tracts fi-om which they were originally a part and carry out the original spirit and intent of the PD Ordinance. Note: Buildings identified on Exhibit B: PD Site Plait attached hereto are a schematic representation, and final building configurations may va►y, but shall in all respects conform to the regulations defined herein, and be subject to Final Site Plait approvals as defined herein. 6. 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 Tract area. 7. Depth of Front Yard, 30 ft. minimum from the property line. 8. Depth of Rear Yard, 40 it. minimum from tine property line. 9. Width of Side Yard on each side, 1.5 ft. minimum from the property Tine. F. SCREENING/BUFFERING REGULATIONS: 1. All principal buildings and structures shall be set back a minimum of forty feet (40') from any common residential property line. 2. A thirty foot (30') continuous landscape buffer shall be provided along the single family property Tine as indicated on Exhibit B: PD Site Plan and Exhibit E - Landscape Concept Plan. The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from Exhibit F: Approved Plant List . The thirty foot (30') continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the commercial owners. The landscaping and irrigation installation along the entire landscape buffer shall commence in the first phase of any development of the Development and be completed prior to any issuance of certificate of occupancy. 3. A continuous eight foot (8') "Wooderete" fence shall be provided along the single family property lines and said fence shall be constructed completely on the commercial property and with adjacent owners permission as per the Town of Trophy Club Fence Ordinance. Eight foot (8') Austin Stone columns will be constructed at all property corners of single family lots. The fence height shall be measured from the existing grade. The Developer at its sole expense shall remove all rear wood fencing and construct wooden fence connections between existing residential fennces and the "Woodcrete" screening fence. Connections shall be of Eke construction to existing fences. Fence contractor shall design specific per lot fence grades per existing conditions and will not hinder or impede current utility or Page 8 DRAFT Planning & Zoning Commission 201 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C drainage conditions. The fence construction shall commence in the first phase of any development of the Development and completed in its entirety prior to the issuance of any certificate of occupancy. G. LANDSCAPING RE, QUIREMENTS. 1. Landscaping shall be required in Accordance with Section 46, Landscaping Regulations of the Town of Trophy Club Zoning Ordinance, 3. Benning and landscaping shall be utilized along street frontages, when possible, to screen parking from public view. 3. All landscaped areas shall be irrigated. 4. Landscaping shall be maintained by the property owners. Any dead plant materials will be replaced in a timely manner, 5. All plant materials must be selected froze the Approved Plant List. (See Exhibit F) H. 0117F STREET LOADING. Off street loading shall be provided as required by Section 48, Off -Street Loading requirements of the Town of Trophy CIub Zoning Ordinance. Loading docks shall not be permitted. I. HOURS OF OPERATION. Hours of operation for the uses set forth shall be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls are allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including, but not limited to, track lot, pedestrian walkway, tent or other sales. J. OFF-SITE PUBLIC IMPROVEMENTS:. The Developer shall provide left hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit B: PD Site Plan. A deceleration lane shall be provided along Trophy Club Drive as shown on Exhibit B: PD Site Plan. Constriction of the deceleration and left turn lanes shall be constructed at the time of reconstruction of Trophy Club Drive by the Town. K. DESIGN REQUIREMENTS. I. No outdoor storage, except for refuse disposal shall be permitted. All dumpsters are prohibited at the rear of any buildings. Dumpsters are to be enclosed on all sides with masonry walls and gates of similar architectural style of the buildings. Mini num 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 CIub standards. Page 9 DRAFT Planning & Zoning Commission 202 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 2. Mechanical and electrical equipment, including air conditioning urats, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to provide security and safety for the Development and shall be oriented down or away from any adjacent residential. area. (a) Pole Lamps shall be a maximum of twenty feet (20') in height. Pole fighting shall be oriented down and away from a.11 adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight feet (8') or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the Verde green color. 4. Building Materials: Concept Elevations have been prepared and attached herein as Exhibit 1. Such elevations are schematic representations and final building elevations and designs may vary, but shall in all respects conform to the regulations defined herein, and be subject to Final Site Plan approvals as defined herein. (a) Vertical walls of each building exclusive of doors and windows shall be one hundred percent (100%) masonry. All vertical walls visible from the street shall be a Austin Stone or similar material. Split concrete block or similar material can be used on rear exteriors not visible from. the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof shall be standing seam -metal construction and shall be allowed to weather to a natural color. No application of colored paint shall be allowed. All roofs will be maintained in a quality manner by the building owner. 5. Signage: (a) Main Sign - Monument sign located within the landscaped area at the front corner of the site. To be a maximum of four (4) feet in height, Page 10 DRAFT Planning & Zoning Commission 203 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C fifteen (15) feet in length and sixty (60) square feet in total area. The purpose of this sign is to identify the overall development name and Help introduce the Town of Trophy Club. (b) Site Identification Signage - Monument type located within. landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (1.0) feet in length and forty (40) square feet in total area. No product advertising allowed. (c) Building Signage - Placard signage shall be allowed on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. (d) All signage to be externally lighted only. (e) No signage shall be allowed to be displayed in window areas of the buildings. No banner or temporary signage shall be allowed on the exterior of the buildings. (f) No `dole type" identifications signs shall be allowed. 6. Dumpsters: All dumpsters shall be provided at the sides or fronts of building structures. Dumpsters shall be screened from public view in a manner that is architecturally compatible with the character of the Development. When possible, landscaping shall be used in conjunction with any enclosures to provide additional screening of the dumpster. L. PROJECT GRADES/ELEVATIONS: The final grades and elevations for the Development will be determined at the time of platting and be prepared by a qualified registered professional engineer. These final grades will closely reflect those elevations and sight lines illustrated on the attached Exhibit H: Proposed Elevation Site Lines. ARTICLE H ARCHITECTURAL CONTROL 2.01 Appointment. Declarant may designate and appoint an Architectural Control Committee (herein called the "Committee") composed of three (3) individuals, each generally familiar with the residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its reasonable best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with the Declaration. Page 11 DRAFT Planning & Zoning Commission 204 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 2.02 Successors. In the event of the death, resignation or removal by Declarant of any member of the Committee, Declarant may appoint a successor member. Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, causes of action or damages arising out of, services performed, or not performed, pursuant to this Declaration. 2.03 Authority. No building, fence, wall, landscaping, or other structure shall be commenced, erected, placed, maintained or altered on any lot, nor shall' any exterior painting of, exterior addition to, or alteration of, such items be made until all construction and landscaping plans and specifications and plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets as specified in this Declaration; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping as specified in this Declaration, and; (c) the other standards set forth within this Declaration or matters in which the Committee leas been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered but not obligated to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or positively affect one or more owners or the general value of lots in the Addition and, pursuant thereto, the Committee shall require the submission of plans and specifications therefore prior to the commencement, or during the process, of such construction or landscaping. In considering the bannony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider the general appearance of the proposed building as that can be determined from front, rear, and side elevations on submitted plans. 2.04 Procedure for Approval. Preliminary an final construction plans and specifications, and grading plans and landscaping plans and specifications shall. be submitted in duplicate to the Committee. The plans and specifications shall shown the nature, kind, shape, height, materials and location of all landscaping and improvements. The Committee is authorized to request the submission of samples -of proposed construction materials. At such time as the plan and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member or representative of the Committee and returned to the lot owner or Iris designated representative. Page 12 DRAFT Planning & Zoning Commission 205 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a member or representative of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall any verbal approval. of any plans be effective. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee actually received the plans. The Committee's receipt of the plans maybe established by a signed certified mail receipt. 2.05 Standards. The Committee may fi•om time to time publish and promulgate regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. 2.06 Liability of Committee. Neither the Committee nor the individual members of the Committee shall have any liability for decisions made, or not made, by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with general provisions of this Declaration, Town codes, State statues or the common law, whether the same relate to lot lilies, building lines, easements or any other issue. ARTICLE III GENERAL PROVISIONS 3.01 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the PIat are incorporated herein and shall be constructed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant, conveying lots in. the addition whether specifically referred to therein or not. 3.02 Mortgage. It is expressly provided that the breach of any of the foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otberwise, as to any breach occurring after such acquisition of title. Page 13 DRAFT Planning & Zoning Commission 206 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 3.03 Term. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of thirty-five (35) years after this Declaration id recorded. They shall be automatically extended for successive periods of ten (10) years unless amended as provided herein or as allowed by applicable 'law. 3.04 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed -until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction, each of which shall remain in full force and effect. 3.05 Binding Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of; and is binding upon, each and every person acquiring any part of the Addition, it being of the owner of any land except land in the Addition and the same shall inure to the benefit of owners of land in the Addition and Declarant, its successors and assigns. This instrtunent, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition is on notice of the conditions, covenants, restrictions and agreements herein contained. 3.06 Enforcement. Declarant and/or the owner of any lot in the Addition shall have the easement and right to have each and all of the foregoing restrictions, conditions, and covenants herein faithfully carried out and performed with reference to each and every lot in the Addition, together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof it being the intention hereby to attach to each lot in the Addition, without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition whether owned by the undersigned, its successors and assigns, or others. Failure by any owner, including Declarant, to enforce any covenant or restriction hereinn contained shall in no event be deemed a waiver of the right to do so thereafter. 3.07 Definition of "Owner". As used herein, the term "owner" shall refer to the record owner, whether one or more persons or entities (including contract sellers), of the fee simple title to a lot, but not including those having an interest merely as security for the performance of an obligation. Page 14 DRAFT Planning & Zoning Commission 207 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C 3.08 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot. Any notices or correspondence to the committee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Committee pursuant to an instrument recorded in the deed records of the County. EXECUTED this day of By: By: Page 15 DRAFT' 199_ Planning & Zoning Commission 208 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C EXMIT 1F APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 " - 4 " Sweetg'un 3 1/2 to - 4 " Southern Red Oak 4 " - 4 1/2 " Bur Oak 3 1/2 " - 4 " Water Oak 3 1/211- 411 Shumard Oak 4 " - 4 1/2 " Live Oak 4 " - 4 1/2 of Bald Cypress 3 1/2 "- 4 " Cedar Elm 4 " - 4 1/211 Loblolly Pine 3 1/2 " - 4 " Elderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/211- 411 Small Accent Trees Minimum Size White Redbud 7' Height Oklahoma T Height Deciduous Yaupon T Height Yaupon Holly 7' Height Crapemyrtle 7' Height Flowering Crabapple T Height Bradford Pear T Height Texas Mountain Laurel 7' Height Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT Planning & Zoning Commission 209 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C APPROVE D PLANT LIST (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kuruine Hybrid I Gallon Glendale Hydrid I Gallon Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon Thorny Elaeagnus 3 Gallon Buford Holly 2 Gallon Dwarf Burford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon Dwarf Yaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nanduia 'Purpure 2 Gallon Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or'Sprirngthric' Dwarf 'Enchantrees' or Ballerina' DRAFT Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Juniper I Gallon Bar Harbor Jumper I Gallon Wilton Juniper I Gallon Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" Pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon Virginia Creeper 1 Gallon Boston Ivy I Gallon Lady Banks Rose 2 Gallon Chinese Wisteria 5 Gallon Planning & Zoning Commission 210 of 271 Meeting Date: Thursday, January 21, 2016 W A—I LLJ n < C) CO r) z lull L4 r -L w f2l, z 0 11 Lul W 2 W x LU (D L- 0 U) C: Q) C) _0 U) 0 0 QL 0 O a OW co mo LLI X' (D Lli i iw 0 o CO ;Lu to Lu W Z z .0 < -j CL < UJ < LIJ Q :;z z ,0 < !C) -j W c 0 E E 0 0 0) 0 N 06 0) IL Exhibit C Planning & Zoning Commission 213 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C Ex]IWIT 1, APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 " - 4 " Sweetguni 3 1/211- 4 " Southern Red Oak 4 " - 4 1/2 " Bur Oak 3 1/2 " - 4 " Water Oak 3 1/211- 41' Shurnard Oak 4 " - 4 1/2 " Live Oak 4 " - 4 1/2 " Bald Cypress 3 1/211- 4 " Cedar Elm 4 " - 4 1/2 " Loblolly Pine 3 1./2 " - 4 " Elderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/211- 411 Small Accent Trees Minimum Size White Redbud T Height Oklahoma T Height Deciduous Yaupon 7' Height Yaupon Holly T Height Crapemyrtle T Height Flowering Crabapple T Height Bradford .Pear 7' Height Texas Mountain. Laurel T Height Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT Planning & Zoning Commission 214 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C APPROVED PLANT LIST (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kurume Hybrid I Gallon Glendale Hydrid 1. Gallon Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon Thorny Elaeagaus 3 Gallon Burford Holly 2 Gallon DwaiTBurford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon DwarfYaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nandina 'Purpure 2 Gallon Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or'Splingtnne' Dwarf 'Enchantrees' or'Ballerina' Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Jumper I Gallon Bar Harbor Juniper 1. Gallon Wilton Juniper I Gallon Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" Pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon Virginia Creeper I Gallon. Boston Ivy I Gallon Lady Banks Rose 2 Gallon Chinese Wisteria 5 Gallon. Planning & Zoning Commission 215 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C L., ,�) v'�,y,�,,,,, I lol iolyalL }'UHAE EXHIBIT "O" - POTENTIAL ALTERNATE SITE PLAN 7" --TRACT 4B OFFICES PROFESSIONAL OFFICES TRACT" 4A OFFICES PROFESSIONAL OFFICE,' BANKS � TRACT 3 OFFICES PROFESSIONAL OFFICES BANKS RESTAURANTS TROPHY CLUB DRIVE Planning & Zoning Commission 216 of 271 Meeting Date: Thursday, January 21, 2016 W W a❑ amo AHdDai M.o1� a W a z 9 s W LL 0 3oN3d 313aotl M m a a z 9 m M a w zw <U R¢J¢ 'a .j W a,E fIUfI�� m 5m N33HOS OIIOS d 3�iJ000M ,B F— LU _Z J rF— v U) Z Q rCC V ry�ry// W.. 5_Z L wJ 0— AM m LU G a O N N E E O U 0) O N 06 0) C IL Exhibit C z 0 w ,w cl) w J w U z 0 'U Planning & Zoning Commission 218 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C .z 0 w w w -- D 0 U) Q F- n w !z 0 U Planning & Zoning Commission 219 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C M MAIN STREET -A MS805-A A modern replica of a very popular fixture found on the Main streets of many towns across America, Our updated version is made of vandal resistant cast aluminum and acrylic lenses in your choice of texture. With refractors, reflectors and HID l:urnping, you'll have the very best of yesterday and today. The MS805-A scales 16"(17.4' an diagoml]WS", AIso available as MS805- B (not shown). The same fixture without the decorative "spikes" scales 15W'(17" on diagonal)08". MV 100, 175 or 250 watts NPS 70,100,150 or 250 waits MM 100, 175 or 250 walls OLD TOWN A850 -SR A850 -SR Shown with our dislinclive, optional, solid roof for added elegance atld reduced side glare and up -light. Specify ASS0 for gluhe without solid roof. Scales a very impressive 16W'00" in tough aluminum and glasslike polycarhenale (Lexan). Shown here in u Black finish, his fixture is normally welded to die lop of our pules for maximum safely, however, it can be supplied as a slip -fit unit for cuneme, wood poles, cle. See pages 45 and 51 for installation photos. WHY YOU SHOULD SPECIFY STERNBERG ALUMINUM LIGHT POLES AND FIXTUUS Aluminum naturally resists corrosion by forming aluminum oxide on any exposed surface. Aluminum oxide is so tough that it is used in the manufacture of abrasives under the name earboruodmn. Once aluminum oxide farms a coating, it is hard and impermeable, When cast iron rusts if deteriorates. Rust is water soluble, aluminum oxide is not. Cast iron requires a crane for installation. Slernbcrg aluminum posts come pre -painted, wrapped in paper shock pads, fully cartuned and can be handled without cranes in the storage yard, on the loading dock and on the job site. Cast iron must have the factory primer touched up after installation and then it must receive two coals of paint In addition, it must he repainted every 2 or 3 years. Aluminum has a factory applied finish Ihat typically lasts 5 to 10 years or snore. Sternberg heavy-duty posts are used extensively for bridges because they can withstand the high wind conditions, sally air, Planning & Zoning Commission 175 or 250 watts 70,100 or 150 watts 100, 175 or 250 watts RIPON•A 1130-A Our Verde Creen finish is used un a rugged limure wilh classic design, lough polycarlxrllatc "gluhe", vandal resistan[ cast alutnintun cunslrucliun, reduced glare oplics and integral halLwl. The A uwdel scales an couple 18"05" while the RIPON -1S A 130-11 dIICIWII un page 36) has a raised roof secliun and scales If±"00". Eillier of the fixtures are available for use on concrete or wood pules. See page 13 for installation photos. 100, 175 or 250 walls 70,100 or 150 wan s 70, 100 or 175 watts excessive moisture, extreme high/low temperature factors, car exhaust fumes and vibrations. Cast iron posts can rust from the inside out. No matter haw many coats of paint the outside has, moisture can get into the inside of the post and rust. Cast iron is a brittle material and poles made of this material must be quite thick. When hit by a truck a cast iron pole can break into heavy pieces [hat require a crane to remove. Most fixtures, even [hose on cast iron posts, are aluminum. Slernlxrg fixtures are manufactured of the finest quality alloys % carefully chosen to withstand the punishment of weather and air pollution. Our lenses are molded acrylic or polycarbonate for increased vandal resistance. Sternberg has almost 70 years experience making decorative light poles and fixtures. You can trust our quality. *L.exao is a registered trademark of the General Electric Company. 220 of 271 Meeting Date: Thursday, January 21, 2016 i f!9 P Exhibit C AMENDMENTS TO ORDINANCE 95-20 PLANNED DEVELOPMENT 13 -- THE VILLAGE Ordinance # Date Description 96-05 03/07/96 Lot 4/Bank 96-07A 06/18/96 Lot 5/Carpenter Bldg. 96-11 08/01/96 Lot 2/Service Station 97-11 04/15/97 Lot 1/Retail Commercial 97-16 08/05/97 "The Village" Dumpsters 97-23 10/21/97 Lot 2/Drive-thru Eatery Planning & Zoning Commission 222 of 271 Meeting Date: Thursday, January 21, 2016 Exhibit C AMENDMENTS TO ORDINANCE 95-20 PLANNED DEVELOPMENT 13 - THE VILLAGE Ordinance # Date Description 96-05 03/07/96 Lot 4/Bank 96-07A 06/18/96 Lot 5/Carpenter Bldg. 96-11 08/01/96 Lot 2/Service Station 97-11 04/15/97 Lot 1/ Planning & Zoning Commission 223 of 271 Meeting Date: Thursday, January 21, 2016 5w N O LO N N ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-15-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 Final action: Title: Town Planner Updates; discussion of sign ordinance amendments; Discussion on current Town development issues and development codes. Attachments: 2015 Sign Regulations Letter FINAL.pdf Sign Ordinance FAQ Approved Sign Ordinance Amendments 10-13-2015.pdf Date Ver. Action By Action Result Town Planner Updates; discussion of sign ordinance amendments; Discussion on current Town development issues and development codes. Planning & Zoning Commission 226 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF * TROPHY CLUB (C�taa 100 Municipal Drive .Trophy Club, Texas 76262 November 2, 2015 To all Active Realtors, Homebuilders and Sign Companies in Trophy Club RE: Trophy Club Sign Regulations Dear Sir or Madame: On October 13, 2015, the Trophy Club Town Council approved amendments to the Town's sign ordinance that may affect your use of signs/sign placement in Trophy Club. The amendments primarily affect temporary sign standards and are effective immediately. A general summary of the changes is as follows: • Political signs — Political signs may be placed on any private property, or adjacent road right-of-way, with the written (or verbal for residentially zoned property) consent of the property owner. Signs may be placed up to 60 days prior to a political event such as an election and must be removed within 3 days after said event. Real Estate Signs — Only one real estate and open house sign is allowed per property except for lots with golf course frontage, where an additional sign facing the golf course is permitted. Off -premise real estate signs, including directional signs advertising an open house, are prohibited. Signs shall not be placed within any right-of-way or vision triangle. • Builder Signs, off -premise only— Off -premise builder signs, including weekend only signs, are prohibited. A copy of the full ordinance is available to view and download at www.trophyclub.org and a FAQ further summarizing the sign regulations is included for review. If you have any questions concerning the regulations, please contact me at 682-831-4681, or via email at rruthven@trophyclub.org. Sincerely, Ron Ruthven, AICP Town Planner Town of Trophy Club Planning & Zoning Commission 227 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF (C*: TROPHY CLUB 100 Municipal arise . Trophy Club, Texas 76262 Sign Regulations in Trophy Club Frequently Asked Questions (FAQ) On October 13, 2015, the Trophy Club Town Council approved amendments to the Town's Sign Ordinance that affect the use of signs/sign placement in Trophy Club. This document provides a brief overview of the Sign Ordinance regulations in Trophy Club. Further details can be found in Ordinance 2015-23 Sign Regulations. 1. What is a sign? A sign is 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. 2. Why regulate signs? The Town of Trophy Club regulates signs in order to provide a balanced system of signage throughout the town, help facilitate communication, promote public safety, minimize visual clutter and enhance property values and business opportunities within Trophy Club. Sign regulations help maintain the Town's attractive appearance for the betterment of the community. 3. What types of signs are there and are permits required for signs? There are many different types of signs with various shapes, locations and messages, but they can generally be grouped into two types: permanent and temporary. The following is a description of signs allowed under each category in the sign regulations, including specific permit and fee requirements: AUTHORIZED PERMANENT SIGNS (Sign Permit Required - $75.00 per sign): Protective Signs (no permit required) — A sign that communicates a warning (includes 'No Soliciting' signs). Two per premise allowed, must be no more than one square foot and no more than two feet tall. Allowed for residential, commercial or institutional uses. Monument Signs - 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. Allowed for commercial and institutional uses only. Wall Signs - A sign attached or affixed parallel or flat to an exterior wall surface of a building. Allowed for commercial and institutional uses only. Ordinance 2015-23 Sign Regulations FAQ 1 Planning & Zoning Commission 228 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF (C*: TROPHY CLUB 100 Municipal arise . Trophy Club, Texas 76262 Billboards - 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. Town Council approval is required to erect a billboard. Canopy Signs - 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. Allowed for commercial and institutional uses only. Electronic Signs - 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. Town Council approval is required to erect an electronic sign. Window Signs - 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. Allowed for commercial and institutional uses only. AUTHORIZED TEMPORARY SIGNS (Temporary Sign Permit Required unless stated otherwise below - 575.00 oer occurrence): Political Signs (no permit required) - 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. These signs are allowed to be placed for a maximum of 60 days and must be removed no more than 3 days after the specific political event has occurred. Signs may be placed on private residential and non-residential property and within adjacent road rights-of-way with written permission of the adjacent property owner (verbal permission is allowed on residentially zoned properties). Real Estate Signs (no permit required) - 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. Only Ordinance 2015-23 Sign Regulations FAQ 2 Planning & Zoning Commission 229 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF (C*: TROPHY CLUB 100 Municipal arise . Trophy Club, Texas 76262 one "for -sale" sign and one "open house" sign is permitted per lot except for lots with golf course frontage, where an additional sign is permitted that faces the golf course. 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. The Special Event Permit fee is $50.00 and requires review and approval by Town staff prior to issuance. Banner Signs - A temporary advertising device for a business or institutional use that is 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. Only one sign per property or premises is allowed no more than twice per year. Maximum duration is 30 days per permit issuance. A temporary sign permit is required. Builder Sign (no permit required) —A Temporary On -Premise sign identifying the builder or general contractor of a residential construction site. The sign must be removed upon completion of construction. Service Contractor Sign (no permit required) —An On -premises temporary sign identifying the contractor(s) responsible for work such as minor home repair, fence construction, etc. The sign must be removed no later than 14 days after the completion of work. 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. A temporary sign permit is required. The sign must be removed upon completion of the project for non-residential development or when 90% of all lots/houses are sold for residential development. Government Temporary— Temporary signs placed by a government entity for a limited time to provide time specific, seasonal, etc. information to the community. A temporary sign permit is required. This not does apply to the Town of Trophy Club, the State of Texas or the Federal government. 4. Are there any types of signs that are prohibited? Signs not specifically permitted by the regulations are prohibited. Ordinance 2015-23 Sign Regulations FAQ 3 Planning & Zoning Commission 230 of 271 Meeting Date: Thursday, January 21, 2016 TOWN OF (C*: TROPHY CLUB 100 Municipal arise . Trophy Club, Texas 76262 Prohibited signs include: • A-Frame/Sandwich Board Signs • Awning Signs • Bandit Signs • Fence Signs • Flashing Signs • Roof Signs • Off -premise builder signs • Off -premise real estate signs • Lost Pet Signs • Garage Sale Signs Locations where signs are prohibited include: • Road medians • Signs placed at street intersections within a "vision triangle" that serve to block the view of turning traffic • Non -official signs affixed to utility poles, light poles, street signs, stop signs, etc. S. What is a "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. 6. Are there any penalties for violation of the Sign Code? Sign Code violations may result in the sign being removed and/or a citation with a maximum fine of up to $2,000.00 per day for each offence. 7. Where can I get more information about sign regulations and requirements? View Ordinance 2015-23 Sign Regulations in full. Contact the Community Development department at (682)831-4680 or email permitting@trophyclub.org for further information. Ordinance 2015-23 Sign Regulations FAQ 4 Planning & Zoning Commission 231 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 232 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 233 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 234 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 235 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 236 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 237 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 238 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 239 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 240 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 241 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 242 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 243 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 244 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 245 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 246 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 247 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 248 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 249 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 250 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 251 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 252 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 253 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 254 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 255 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 256 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 257 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 258 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 258 of 271 Meeting Date: Thursday, January 21, 2016 Approved Sign Ordinance Amendments -10/13/2015 Planning & Zoning Commission 259 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 259 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 260 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 261 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 261 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 262 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 263 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 264 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 265 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 266 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 267 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 268 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 269 of 271 Meeting Date: Thursday, January 21, 2016 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 & Zoning Commission 270 of 271 Meeting Date: Thursday, January 21, 2016 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2016-16-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/14/2016 In control: Planning & Zoning Commission On agenda: 1/21/2016 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 & Zoning Commission 271 of 271 Meeting Date: Thursday, January 21, 2016