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14$ ::'))'7 3"'!*$\["$14$) 74$3'$ **"*3$/'0M J$:4,3"Z/$3. 3$3.4$ 33 :.47$!'3":4$ !7$ #4!7 $'Z$"34)*$3'$14$:'!*"74,47$1/$3."*$ ('))"**"'!$\[ *$,4)'947$1/$)4$Z,')$3.4$Z,'!3$\["!7'\[$'Z$3.4$89',4$50!":"- $ ;0"7"!#$A>>$50!":"- $F,"94$+,'-./$(01$+4\] *$'!$3.4$``````````$7 /$'Z$ ``````````````````````$@>ABM ````````````````````````````````$+"34=$``````````````````````````` Planning and Zoning CommissionPage 4 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-289-T Version:1 Name: Type:Agenda Item Status:Public Hearing File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Tabled item: Public hearing regarding a request to amend Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049. Attachments: DateVer.Action ByActionResult Tableditem:PublichearingregardingarequesttoamendOrdinanceNo.2007-15,PDPlannedDevelopmentDistrictNo. 27,VillageCenter,PermittedUses,inordertoallowtheuseofaVeterinaryClinicwithanOutdoorPetRunonLot2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049. Planning and Zoning CommissionPage 5 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-290-T Version:1 Name: Type:Agenda Item Status:Public Hearing File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Public hearing regarding a request to amend Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive. Case PD-AMD-16-048. Attachments: DateVer.Action ByActionResult PublichearingregardingarequesttoamendOrdinanceNo.95-20P&ZandOrdinanceNo.2016-02P&Z,PDPlanned DevelopmentDistrictNo.13inordertoamendcertaindevelopmentrequirementsandtheapprovedsignageplanfor Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive. Case PD-AMD-16-048. Planning and Zoning CommissionPage 6 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-291-T Version:1 Name: Type:Agenda Item Status:Public Hearing File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Section 14.02.251 - Temporary Uses in order to add the use of portable classroom and provide for other amendments as proposed by Town staff. Attachments: DateVer.Action ByActionResult PublichearingregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingSection14.02.251- TemporaryUsesinordertoaddtheuseofportableclassroomandprovideforotheramendmentsasproposedbyTown staff. Planning and Zoning CommissionPage 7 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-292-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Tabled item: Discussion and recommendation regarding a request to amend Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and a request to approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049. 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 Exhibit H.pdf Exhibit I.pdf Exhibit J.pdf DateVer.Action ByActionResult Tableditem:DiscussionandrecommendationregardingarequesttoamendOrdinanceNo.2007-15,PDPlanned DevelopmentDistrictNo.27,VillageCenter,PermittedUses,inordertoallowtheuseofaVeterinaryClinicwithan OutdoorPetRun,andarequesttoapproveanamendmenttotheapprovedSitePlanonLot2,Block1,TrophyClub Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049. Planning and Zoning CommissionPage 8 of 272June 2, 2016 STAFF REPORT Planning and Zoning Commission June 2, 2016 PD-AMD-16-049: PD 27 Amendment allowing use of an Outdoor Pet Run and Site Plan Amendment for 2600 Bobcat Blvd. SUBJECT : TABLED ITEM: Discussion and recommendation regarding a request to amend Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and a request to approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD- 16-049 UPDATE: The Planning and Zoning Commission voted to table this item at the April 21, 2016 meeting in order to allow the applicant to revise the site plan submittal such thatissues raised bythe Commissionat said meeting are addressed. Those issues include: nd 1.Show the 2tenant details on all plans; 2.Provide greater roof pitch and increase to the plate to 12 feet; 3.Add a floor plan and roof plan to the plan set; 4.Provide fence details and an elevation for the dog run fence; 5.Show all doors, excluding utility, riser and mechanical rooms, as meeting the 4 foot recess requirement; 6.Make sure all site plans, including the landscape plan, are consistent – including consistent parking counts, parking layout, etc. 7.Provide articulation to the south elevation to match the north and east elevation; 8.Provide specific sign details with the plans; 9.Fix any references to “city” on the plan sets and correct to “town” The applicant has provided revised plans(attached)addressing the above issues. Additionally, a response to the staff memo sent to the applicant reflecting the above issues is also attached. The remainder of the briefing has been updated to reflect the current submittal. Page 1 of 4 Planning and Zoning CommissionPage 9 of 272June 2, 2016 REQUEST: The applicant, MK Development,is requesting approval of a revised Site Plan for Trophy Club MOB Phase 2located at the southwest corner of Parkview Drive and Bobcat Boulevard and is also requesting approval of an outdoor pet run which will be part of a proposed Veterinary clinic to be located in the new building. ZONING: The subject property is zoned Planned Development No. 27 (PD-27). The “Village Center” portion of the ordinance applies to the property, which provides local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity businesses or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. CURRENT CONDITIONS: The subject propertycontains 1.24 acres andis currently undeveloped. Phase 1 of the project, located at 625 Parkview Drive, was constructed in 2015. The adjacent properties include Byron Nelson High School to the north, Independence Park East to the south and east, and Medlin Middle School to the west. HISTORY: The zoning for PD-27 was approved by the Town Council on May 8, 2006. The concept plan of the original PD document wasapproved on January 22, 2007. The site plan for the phase 1 was approved by the Town Council on December 16, 2013. The original site plan for phase 2 was approved by the Town Council on January 13, 2015. A copy of the January 13, 2015 approved site plan is attached. REQUEST DETAILS: PD AmendmentRequirement: The PD 27 regulations currently allow a veterinary clinic given the following use listed in the permitted use table in the PD 27 ordinance: “Pet services including veterinarian (without outdoor kennels)”. Given the specific prohibition against any outdoor kennels, staff’s interpretation is that no outdoor pet use of any kind is allowed. Therefore, the applicant is requesting an additional use of an “outdoor pet run”. Given this request, staffproposes the following use be added/modified to the PD 27 regulations: “Pet services including veterinarian (without outdoor kennels). Veterinary clinics may contain an outdoor pet run provided said area does not create a nuisance, does not contain any one pet for a period longer than 15 minutes, and is visually screened from the view of any public area including but not limited to a parking lot.” Proposed Outdoor Pet Run Details: Page 2 of 4 Planning and Zoning CommissionPage 10 of 272June 2, 2016 According to the attached application, the veterinarian that would occupy the proposed building states that the purpose of the pet run is to keep the animals from escaping and to prevent them from wearing a leash which could harm the animal after certain surgeries. Staff would walk the animals three to four times daily. Only dogs would be allowed in the pet run area. The proposed pet run would be approximately 2,500 square feet in size and be contained by a six (6) foot wrought iron fence with 36, five gallon, Nellie Stevens Holly shrubs planted around the enclosure for screening purposes.Details of the proposed fence are included in the revised plans. For reference purposes, a copy of the Town’s animal control regulations is attached. Site Plan Amendment Details: The current site plan forthe subject property was approved by the Town Council on January 13, 2015. The following is a summary of changes from the current site plan to the proposed site plan: CurrentProposed Building Area: 8,280 s.f. 7,461 s.f. Building Tenants: four two Parking: 77 60 Exterior Wall: Brick/Stucco Brick/Stone Windows/Openings Visible From Street: 16 26 (including south Elevation) Roof Articulation: 5 breaks to street 5 breaksto street (Including south Elevation) Landscaping: 36 trees30 trees 326 shrubs 358 shrubs 25.29% LA* 36% LA* *LA = Landscaped area Other changes: Building elevations: The revised elevations meet the Village Center design provisions contained in the PD 27 regulations. Fire lane: The west fire lane shown on the current site plan has been removed to accommodate the outdoor pet run. The proposed fire lane configuration has been reviewed and approved by the Fire department and the proposed building will contain a fire suppression system. Page 3 of 4 Planning and Zoning CommissionPage 11 of 272June 2, 2016 Dumpster enclosure: The dumpster enclosure servicing the phase 1 and 2 buildings has been moved onto the site per the proposed site plan. The enclosure must be must be screened on all four sides and be composed of masonry material to a minimum height of seven feet orone foot above the receptacle. Monument and wall signage detailsare shownon the site planand there are no changes proposed to the current photometric plan. The amended site plan request complieswith the Code of Ordinances and the PD 27 regulations. STAFF REVIEW AND RECOMMENDATION : The applicant is requesting to allow an outdoor pet run as part of a new veterinary clinic. Approval of the pet run requires explicit language to be added to the PD 27 regulations allowing such use. Additionally, the applicant is requesting approval of an amended site plan for the site. Therevisions received for theamended site planbased on the issues raised by the Planning and Zoning Commissionmeets all of the requirements of the Code of Ordinances and the PD 27 regulations. Staff recommends approvalof the request with the expanded definition of pet services as described above. Attachments: Exhibit “A” – Application and Supporting Materials Exhibit “B” – May 2016 RevisedSite Plan Package Exhibit “C” – May 2016 DRC Memo with applicant’s response Exhibit “D” – Pet Run Fence Picture Example Exhibit “E”–OriginalRevised Site Plan Package Exhibit “F”– Current Approved 2015 Site Plan Package Exhibit “G”– PD 27 Village Center Regulations Exhibit “H”– PD 27 General Regulations Exhibit “I”– Trophy Club Animal Control Regulations Exhibit “J”–Staff Exhibits Page 4 of 4 Planning and Zoning CommissionPage 12 of 272June 2, 2016 Exhibit A - Application and Supporting Materials Planning and Zoning CommissionPage 13 of 272June 2, 2016 Exhibit A - Application and Supporting Materials Planning and Zoning CommissionPage 14 of 272June 2, 2016 Exhibit A - Application and Supporting Materials Planning and Zoning CommissionPage 15 of 272June 2, 2016 Exhibit A - Application and Supporting Materials Planning and Zoning CommissionPage 16 of 272June 2, 2016 TROPHY CLUB MOB - PHASE 2 - 2600 BOBCAT BLVD. TROPHY CLUB, DENTON COUNTY, TEXAS 76262 LL HI P TO WEIVEKAL YTIC TIMIL YELHSA H SA A GNILOOHCS A IM C EWOH ROD NAM RUT REN C YTI BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE PRIVATE GENERAL NOTES LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE TOWN SITE PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE EROSION CONTROL PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE DETAILS EROSION CONTROL LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. AND PAVING PLAN TROPHY CLUB VILLAGE CENTRE DIMENSIONAL CONTROL LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 12' BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. GRADING PLAN TROPHY CLUB VILLAGE CENTRE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE AREA MAP EXISTING DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE AREA MAP PROPOSED DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE .S.M NILDEM BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STORM DRAIN PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STORM DRAIN PROFILE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC FL: 18" = 599.84 Q100 = 2.59 c HGL IN:601.30 1-5' CURB INLET INSTALL: HGL OUT:601.20 STA: 221.83 STORM LINE A FL: 18" = 599.66 Q100 = 0.67 c 1-18"8" TEE INSTALL: HGL IN:601.19 CONNECT 8" ROOF DRAIN STA: 194.29 STORM LINE A HGL OUT:601.09 FL: 18" = 599.54 1-18"8" TEE INSTALL: HGL IN:601.07 CONNECT 8" ROOF DRAIN HGL OUT:600.97 STA: 176.47 STORM LINE A FL: 18" = 599.38 1-18"8" TEE INSTALL: HGL IN:600.95 CONNECT 8" ROOF DRAIN HGL OUT:600.85 STA: 151.97 STORM LINE A FL: 18" = 599.22 1-18"8" TEE INSTALL: HGL IN:600.82 CONNECT 8" ROOF DRAIN STA: 127.83 STORM LINE A HGL OUT:600.72 1-18"8" TEE INSTALL: CONNECT 8" ROOF DRAIN HGL IN:600.69 EQUAL STA: 000.00 STORM LINE B STA: 091.55 STORM LINE A HGL OUT:600.59 FL: 24" = 598.52 FL: 18" = 598.52 Q100 = 2.77 c HGL IN:600.52 1-5' CURB INLET INSTALL: HGL OUT:600.42 STA: 021.87 STORM LINE A FL: 24" = 598.40 Q100 = 5.45 c W/ CONCRETE COLLAR HGL IN:600.40 CONNECT TO EX. CURB INLET STA: 000 STORM LINE A BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE UTILITY PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 5 5 5 5 5 5 5 5 B BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE DETAILS PRIVATE CONSTRUCTION LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN PAVEMENT LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN WATER & SEWER LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 6"6" 6" VAR. - 2'-0" + 7"6" 2" 12"6" "8"21 A 6" 6" DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. SITE PLAN 2600 BOBCAT BLVD. ARCHITECTURAL DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. 2600 BOBCAT BLVD. DR. RACHEL WEBSTER SITE DETAILS VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. ELEVATIONS 2600 BOBCAT BLVD. BUILDING DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS Signage Tenant DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. ELEVATIONS 2600 BOBCAT BLVD. BUILDING DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. 2600 BOBCAT BLVD. ROOF PLAN DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. BUILDING PLAN 2600 BOBCAT BLVD. DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS Exhibit C DRC EVELOPMENT EVIEW OMMITTEE Date:May 18, 2016 To: Tommy Ehrenberg, MK Development From: Ron Ruthven, Town Planner Re: Site Plan/PD 27 Amendment – 2600 Bobcat Blvd. The following comments represent a staff review of Planning and Zoning Commission revisions of the request noted above. It is the intent of this review to provide the applicant/developer the requirements that are consistent with the Town Standards and Regulations forplatting and development. The comments noted below must be addressed and resubmitted for confirmation. Please provide a written memo with the comments and how each comment has been addressed. Comments regarding Planning & Zoning Commission (P&Z) requests at the April 21, 2016 meeting 1.The following is a summary of the status of requests by the P&Z to the applicant based on staff’s review of the May 6, 2016 plan submittal: nd Request: Show the 2 tenant details on all plans Status: Tenant detail is shown only on the floor plans provided. Additional detail should be provided on the elevations (see sign comments below) -Weaddedtenantsigndetailsontheelevationspage. Request: Provide greater roof pitch and increase to the plate to 12 feet Status: Plate has been increased to 12 feet. Roof pitch has not increased. Roof pitch should be increased. -Roofpitchwasincreasedtoa8/12pitch. Request: Add a floor plan and roof plan to the plan set Status: Items have been added. Request: Provide fence details and an elevation for the dog run fence Status: Items have been added. Request: Show all doors, excluding utility, riser and mechanical rooms, as meeting the 4 foot recess requirement Page 1 of 3 Planning and Zoning CommissionPage 42 of 272June 2, 2016 Exhibit C Status: The doors shown on the west elevation are not recessed. -Rooflineswereextendedonthewestelevationtoaccommodatethe4'recesseddoorrequirement. Request: Make sure all site plans, including the landscape plan, are consistent – including consistent parking counts, parking layout, etc. Status: All site plans appear to be consistent. Request: Provide articulation to the south elevation to match the north and east elevation. Status: Given the P&Z interpretation that the south elevation of the building should be articulated similar to the north elevation, staff recommends additional “corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base” per the PD 27 Village Center Design regulations for the south elevation. -ThreegableswereaddedontheSouthelevationaswellasstonetoprovidemorearticulation. Request: Provide specific sign details with the plans Status: No wall signs are shown on the building elevations. It is recommended that these be added to the applicable elevations for each tenant. -Wallsignswereaddedforthevetclinicentranceaswellasthetenantentrance. Request: Fix any references to “city” on the plan sets and correct to “town” Status: Please change “city” references to “town” on sheets C-0 and C-6. If possible, boiler plate language on contained on page C-1 should be addressed as well. -"City"referencesonsheetsC-0andC-6werechangedtoread"town" Please note that these comments may not include all P&Z comments related to this item on the April 21, 2016 meeting. It is the applicant’s responsibility to ensure that all comments are addressed. C-11 – Utility Plan 1.Contact Mike McMahon, MUD Utility Superintendent, at 682-831-4600 regarding separate fire line metering requirements, water taps and cross-connections. RE-SUBMITTAL REQUIREMENTS Please provide a written memo with the comments and how each comment has been addressed. Submit ten full size (24” x 36”) copies of the plans with comments noted above along with a pdf digital file copy. All required submissions are due no later than 12:00 p.m. on Tuesday, May 24, 2016. This item is currently tabled by the Planning and Zoning Commission. Given the requirement to republish the public notice for this item, the recommended consideration schedule is as follows: Planning and Zoning Commission: June 2, 2016 Town Council: June 14, 2016 Page 2 of 3 Planning and Zoning CommissionPage 43 of 272June 2, 2016 Exhibit C Unless specified elsewhere in this memo, please forward all questions and correspondence to: Ron Ruthven, Town Planner Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (682)831-4681 phone (682)490-0705 fax Email: rruthven@trophyclub.org Page 3 of 3 Planning and Zoning CommissionPage 44 of 272June 2, 2016 Exhibit D Planning and Zoning CommissionPage 45 of 272June 2, 2016 TROPHY CLUB MOB - PHASE 2 - 2600 BOBCAT BLVD. TROPHY CLUB, DENTON COUNTY, TEXAS 76262 LL HI P TO WEIVEKAL YTIC TIMIL YELHSA H SA A GNILOOHCS A IM C EWOH ROD NAM RUT REN C YTI BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE PRIVATE GENERAL NOTES LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE CITY SITE PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE EROSION CONTROL PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE DETAILS EROSION CONTROL LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. AND PAVING PLAN TROPHY CLUB VILLAGE CENTRE DIMENSIONAL CONTROL LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 12' BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. GRADING PLAN TROPHY CLUB VILLAGE CENTRE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE AREA MAP EXISTING DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE AREA MAP PROPOSED DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE .S.M NILDEM BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STORM DRAIN PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC DRIVE MEDLIN M.S. BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STORM DRAIN PROFILE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC FL: 18" = 599.84 Q100 = 2.59 c HGL IN:601.30 1-5' CURB INLET INSTALL: HGL OUT:601.20 STA: 221.83 STORM LINE A FL: 18" = 599.66 Q100 = 0.67 c 1-18"8" TEE INSTALL: HGL IN:601.19 CONNECT 8" ROOF DRAIN STA: 194.29 STORM LINE A HGL OUT:601.09 FL: 18" = 599.54 1-18"8" TEE INSTALL: HGL IN:601.07 CONNECT 8" ROOF DRAIN HGL OUT:600.97 STA: 176.47 STORM LINE A FL: 18" = 599.38 1-18"8" TEE INSTALL: HGL IN:600.95 CONNECT 8" ROOF DRAIN HGL OUT:600.85 STA: 151.97 STORM LINE A FL: 18" = 599.22 1-18"8" TEE INSTALL: HGL IN:600.82 CONNECT 8" ROOF DRAIN STA: 127.83 STORM LINE A HGL OUT:600.72 1-18"8" TEE INSTALL: CONNECT 8" ROOF DRAIN HGL IN:600.69 EQUAL STA: 000.00 STORM LINE B STA: 091.55 STORM LINE A HGL OUT:600.59 FL: 24" = 598.52 FL: 18" = 598.52 Q100 = 2.77 c HGL IN:600.52 1-5' CURB INLET INSTALL: HGL OUT:600.42 STA: 021.87 STORM LINE A FL: 24" = 598.40 Q100 = 5.45 c W/ CONCRETE COLLAR HGL IN:600.40 CONNECT TO EX. CURB INLET STA: 000 STORM LINE A BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE UTILITY PLAN LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 5 5 5 5 5 5 5 5 B BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE DETAILS PRIVATE CONSTRUCTION LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN PAVEMENT LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN WATER & SEWER LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC BYREVISIONDATEN. WWW.CLAYMOOREENG.COMBEDFORD, TX 76021 PHONE: 817.281.05721903 CENTRAL DR. SUITE 406 TROPHY CLUB, TX 76262 2600 BOBCAT BLVD. TROPHY CLUB VILLAGE CENTRE STANDARDS & DETAILS TOWN DRAINAGE LOT 2, BLOCK 1 TROPHY CLUB VET CLINIC 6"6" 6" VAR. - 2'-0" + 7"6" 2" 12"6" "8"21 A 6" 6" Exhibit E Planning and Zoning CommissionPage 63 of 272June 2, 2016 DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. ELEVATIONS 2600 BOBCAT BLVD. BUILDING DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. ELEVATIONS 2600 BOBCAT BLVD. BUILDING DR. RACHEL WEBSTER VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS DR. RACHEL WEBSTER DVM PROJECT NO.: 15021DRAWN:ERN TROPHY CLUB, TX 76262 TROPHY CLUB, TEXAS 76262 1 CIMARRON CT. 2600 BOBCAT BLVD. DR. RACHEL WEBSTER SITE DETAILS VETERINARY CLINIC NEW CONSTRUCTION DOCUMENTS Exhibit G J.Village Center: 1. Permitted Uses: a. Bakery b. Bank c. Barber or beauty salon d. Bookstores e. Cafes with or without patio f. Community Facilities to include libraries g. Day Care h. Day spa (hair salon, facial treatment, massages) i. Dry cleaning and laundry (pickup/drop-off only) j. Financial institutions k. Florist (no outdoor storage) l. Furniture sales (no outside sales or display) m. Kindergarten n. Municipal facilities to include Fire, Police, and EMS o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices q. Religious Institutions r. Restaurants s. Schools, Private or Public t. Specialty Shops 2. Architectural and Site Design Standards: These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements. Planning and Zoning CommissionPage 75 of 272June 2, 2016 Exhibit G a. Building Walls and Roofs 1) An expression line shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. 2) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) and satellite dishes are visible from the public right-of-way or open space, whether the equipment is located on the ground, exterior walls or the roof. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched or parapet roof system enclosed on all sides. 3) Mansard roofs and flat membrane-type roofs that are visible from ground level are prohibited. 4) For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. 5) Ground floor retail building plate heights should provide for at least fourteen feet (14Ó) in height. 6) Generally, windows shall be oriented vertically. Planning and Zoning CommissionPage 76 of 272June 2, 2016 Exhibit G 7) Columns and piers generally shall be spaced no farther apart than they are tall. 8) Transparency: i. Each floor of any building façade facing a park, plaza or street shall contain transparent windows covering from fifteen percent (15%) to seventy-five percent (75%) of the façade area. ii. In order to provide clear views of merchandise and to provide natural surveillance of exterior street spaces, the ground-floor along the retail storefront facade shall have transparent storefront windows covering no less than fifty percent (50%) of the façade area. iii. Entryways recessed at least four feet (4Ó). b. Permitted Finishes: 1) At least eighty percent (80%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials: i. Brick, stone, cast stone, or stucco. ii. Split face concrete block, poured-in-place concrete, and tilt-wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the façade on at least twenty percent (20%) of each façade. iii. Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt-wall or painted block matching the same color of the rest of the building if the rear façade faces an alley or is not viewable from a public street or right-of-way. Planning and Zoning CommissionPage 77 of 272June 2, 2016 Exhibit G 2) To improve the pedestrian orientation, the ground floor of commercial/retail buildings shall utilize a combination of the following, unless otherwise approved by the Town: i. Corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base; ii. Recessed windows or other techniques to distinguish the windows in the façade such as arches, pediments and mullions; and iii. Entryways recessed at least four feet (4Ó). 3) The utilization of repetitive storefronts for ÐarchitecturalÑ consistency is discouraged in order to maintain an interesting street experience; although the utilization of common architectural elements shall be considered to facilitate a certain level of functional continuity. c. Building Orientation and Pedestrian Site Design: 1) Any building (excluding parking garages and other accessory buildings) viewed from a public right-of-way or public open space shall either face such right-of-way or open space, or shall have a façade facing such area in keeping with the character of the front façade, including the utilization of similar fenestration and materials. 2) Pedestrian Elements To improve the walkability and access of commercial and retail areas, the following are encouraged in the site design of a project: i. Patio/café seating areas ii. Bicycle racks iii. Continuous walkways linking stores vi. Shade provided by building orientation, canopies and/or trees vii. Decorative Trash receptacles Planning and Zoning CommissionPage 78 of 272June 2, 2016 Exhibit G 3) Parking Lot and Building Frontage Landscaping and Design i. A minimum of fifteen (15) square feet of landscaping including tree islands for each parking space shall be provided within the paved boundaries of the parking lot, with the landscaped areas protected by raised curbs except where wheel stops are utilized at the front of parking spaces along a landscaped median between parking bays, and pavement no closer than three feet (3Ó) from the trunk of trees. ii. Landscaped islands of a minimum of five feet (5Ó) in width and extending the entire length of the parking stall generally shall be located at the terminus of all parking rows and shall contain at least one three inch (3Ñ) caliper tree consistent with the Tree List in Section VI Î Development and Design Standards. iii. Parking spaces shall be a minimum depth of 18 feet and a minimum width of 9 feet; to encourage better shade patterns, parking bays shall be separated by a minimum five foot (5Ó) wide landscaped median (See illustration below), with three inch (3Ñ) caliper shade trees planted every thirty feet and wheel stops placed so as to allow the front of vehicles to encroach over the landscaped median without hitting the trees. Planning and Zoning CommissionPage 79 of 272June 2, 2016 Exhibit G iv. Foundation plantings are required for buildings or groups of buildings greater than 40,000 square feet and where the front building facade does not abut a public sidewalk, including a 3.0 inch caliper shade tree for every 10,000 square feet of gross building area consistent with the Tree List as set forth in Section VI. Small ornamental trees are permitted on a ratio of 4 to 1 instead of 3.0 inch caliper shade trees. This is intended to enhance the pedestrian experience in front of larger buildings and to break up large impervious surfaces between parking areas and the building. Foundation planting trees shall be planted within approximately 30 feet of the front façade and are required in addition to any street trees required herein. Tree grates shall be utilized for trees planted less than four (4) feet back of curb. Tree spacing shall not impede sign visibility or pedestrian safety but shall be placed so as to provide an effective shade environment in front of the building. d. Loading Areas and Trash Receptacles: 1) Loading and service areas shall be located at the side of or in the rear of buildings. Every effort should be made to reduce the need for segregated loading and service areas by ensuring that deliveries are made off-hours. Such uses as grocery stores, however, may require a loading dock area. Where tractor/semi-trailer delivery may conflict with Planning and Zoning CommissionPage 80 of 272June 2, 2016 Exhibit G land uses on or adjacent to the site, then the following standards shall be followed: i. Loading and service areas shall be located at the side or rear of buildings. ii. Off-street loading areas shall be screened from view of any street public open space or adjacent property. iii. Loading areas shall be enclosed on three sides by a wall or other screening device not less than 10 feet in height. iv. Loading areas shall not be located closer than 50Ó to any residential lot, unless wholly within an enclosed building. v. Screening materials shall be comprised of a wall that has a similar finish to the primary structure, or a combination of trees and shrubs that will result in solid screening within 2 years. vi. However, when adjacent to a residentially zoned district a screening wall with landscaping shall be used. 2. Trash/Recycling Receptacles: i. Commercial trash/recycling containers shall be located on the side or rear of the building and screened from public view. ii. Such containers shall be located at least 50Ó away from adjacent residential property lines. iii. Such containers shall be screened on 4 sides, ’ using an enclosure that is 7 tall or of a height that is a minimum of 1Ó above the top of the container, whichever is taller. Screening shall be comprised of brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; and all fence posts shall be rust- protected metal, concrete based masonry or concrete pillars. Planning and Zoning CommissionPage 81 of 272June 2, 2016 Exhibit G iv. 6Ñ concrete filled steel pipes shall be located to protect the enclosure from truck operations. v. Such container enclosures shall have steel gates and tie-backs to secure them in an open position, and fasteners to keep them closed. vi. Screening shall be maintained at all times. e. Signage 1) General: Signs shall be flat against the façade, projecting from the façade or ground monument mounted. No signs shall project above the façade unless approved as part of a site plan as a Ðlandmark signÑ such as a theater marquee or other special sign located in an prominent location and intended to provide a special character to the district and orientation to visitors. 2) Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited. 3) Finish Materials: Materials shall complement the architecture of the building, and may include woodÏ painted or natural; metalÏcopper, brass, galvanized steel; painted canvas; paint; engraving directly on façade surface; and brick or stone for monument signs. 4) Wall Signs: i. One and a half (1.5) square feet of signage is permitted for each linear foot of the primary facade of the building, excluding wing walls. (E.g. a 100Ó long building façade would allow for 150 square feet of wall sign area on the building.) ii. Only one building façade with a primary entrance may be used to calculate wall signage. iii. Wall signs may be placed on any face of the building except if adjacent to a residential lot. iv. Maximum area of any single sign mounted perpendicular to a given façade shall not exceed 10 square feet unless it protrudes above the top of the facade. Planning and Zoning CommissionPage 82 of 272June 2, 2016 Exhibit G v. Protruding or hanging signs shall maintain a minimum clear height of eight (8) feet above the sidewalk. 5) Monument Signs: i. Monument signs up to eight (8) feet in height are the only permanent freestanding signs allowed. ii. Maximum area of a monument sign shall be 96 square feet per sign face. Monument signs may have only two (2) sign faces. iii. If a Commercial Neighborhood extends over 1000 linear feet, then one monument sign per 500Ó of frontage is permitted. (E.g. a site with 1,000Ó or more of frontage may have two (2) monument signs, a site with 1,500Ó or more may have three (3) signs, etc.). iv. The structure of monument signs shall be constructed of materials and colors utilized on the primary buildingÓs faŒade. v. Monument signs must be spaced a minimum of two hundred fifty feet (250Ó) apart, unless approved otherwise at Detailed Site Plan. 6) Parking: Retail and office uses shall meet the TownÓs parking standards at the time of development. Planning and Zoning CommissionPage 83 of 272June 2, 2016 Exhibit H ORDINANCE NO. 2007-15 P&Z Including Amendments: 2010-01 P&Z Council Approval 2/1/10, Restaurants – Village Center (Pg. 37, Guidelines added from Page 46) 2009-30 P&Z Council Approval 11/2/09, Neighborhood 8 Revisions (Pages 19, 29-31, 33-36, 47-49, 53, 55, 57-58, 70) 2009-01 P&Z Council Approval 1/5/09, Key Lot Definition; Fencing (Pages 18, 54) 2008-39 P&Z Council Approval 12/1/08, Correction to Table No. 4-1 for Lot Type 3 Side Yard Setback (Page 32) 2007-30 P&Z Council Approval 11/5/07, Lot Coverage for Lot Type 2 Lots, Neighborhoods 3 & 4 (Pages 22-24) FOR A 696.9 ACRE TRACT OF LAND KNOWN AS PD-27 THE HIGHLANDS AT TROPHY CLUB TROPHY CLUB, DENTON COUNTY, TEXAS Exhibit “A” – Legal Description Exhibit “B” – Development Standards Exhibit “C” – Concept Plan Exhibit “D” – Street Type Exhibits Exhibit “E” – Park Plan Concepts Exhibit “F” – Pathway Plan Planning and Zoning CommissionPage 84 of 272June 2, 2016 Exhibit H EXHIBIT “A” LEGAL DESCRIPTION Tract D - 608.207 acres BEING a tract or parcel of land situated in the R. Allen Survey, Abstract number 5, the T. Allen Survey, Abstract Number 7, the T. Allen Survey, Abstract Number 8, the R. Allen Survey, Abstract Number 17, the T. Calloway Survey, Abstract Number 272, the J. Eads Survey, Abstract Number 392, the J. Henry Survey, Abstract Number 529, the J. Michael Survey, Abstract Number 820, and the W. Medlin Survey, Abstract Number 829, in the Town of Trophy Club, Denton County, Texas, and being part of ÐTract 8AÑ called 559.3807 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being all of ÐTract IÑ called 16.369 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 95-R0079125, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a one half inch iron rod found at the most northerly northeast corner of Northwest Independent School District East Campus Addition, an addition to the Town of Trophy Club recorded in Cabinet O, Slide 263, Plat records, Denton County, Texas, in the south line of Marshall Creek Road (apparent prescriptive Right-of-Way); THENCE North 00'01'25" East a distance of 20.00 feet to an ÐXÑ cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road, said point being the Southwesterly corner of a tract of land conveyed to Northwest Independent School District by deed recorded in County Clerk File No. 2004-52884, Deed Records, Denton County, Texas, said point also being at the beginning of a curve to the right whose THENCE in a Easterly direction along the Southerly line of said Northwest Independent School District Tract and said curve to the right having a central angle of 9Ó55'45", a radius of 2020.05 feet, and an arc length of 350.07 feet to an ÐXÑ cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road; THENCE South 77Ó29'04" East along the Southerly line of said Northwest Independent School District Tract a distance of 909.47 feet to an ÐXÑ cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road at the beginning of a curve to the right whose chord bears South 73Ó38'23" East, 138.36 feet; THENCE in a Easterly direction along the Southerly line of said Northwest Independent School District Tract and said curve to the right having a central angle of 7Ó41'21", a radius of 1031.76 feet, and an arc length of 138.46 feet to an ÐXÑ cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road THENCE North 10Ó17'45" East departing the apparent centerline of said existing Planning and Zoning CommissionPage 85 of 272June 2, 2016 Exhibit H Marshall Creek Road and following the Easterly line of said Northwest Independent School District tract, a distance of 125.56 feet to a iron rod with cap found for corner; THENCE North 19Ó40'49" East a distance of 103.70 feet to a iron rod with cap found for corner; THENCE North 13Ó01'41" East a distance of 96.22 feet to a iron rod with cap found for corner; THENCE North 04Ó12'10" East a distance of 306.42 feet to a iron rod with cap found for corner; THENCE North 08Ó40'34" East a distance of 429.62 feet to a iron rod with cap found or corner; THENCE North 40Ó51'30" East a distance of 95.57 feet to a iron rod with cap found for corner; THENCE North 36Ó12'01" East a distance of 52.34 feet to a iron rod with cap found for corner; THENCE North 41Ó42'41" East a distance of 91.51 feet to a iron rod with cap found for corner; THENCE North 77Ó46'53" East a distance of 102.76 feet to a iron rod with cap found for corner; THENCE South 87Ó10'43" East a distance of 157.55 feet to a concrete monument found for corner in the Southerly line of United States of America Tract F-540; THENCE North 64Ó45'38" East along the Southerly line of said United States of America Tract F-540, a distance of 346.42 feet to a concrete monument found for corner; THENCE North 29Ó34'13" East a distance of 231.84 feet to a concrete monument found for corner; THENCE South 78Ó21'24" East a distance of 438.20 feet to a concrete monument found for corner; THENCE South 75Ó43'24" East a distance of 228.65 feet to a concrete monument found at the southeast corner of said United States of America Tract F-540; THENCE North 00Ó45'24" West along the east line of said United States of America Tract F-540 a distance of 328.35 feet to a concrete monument found at the southwest corner of Tract E-406-1 conveyed to the United States of America by deed, recorded in Volume 425, Page 306, Deed Records, Denton County, Texas; Planning and Zoning CommissionPage 86 of 272June 2, 2016 Exhibit H THENCE along the south line of said United States of America Tract E-406-1, the following calls: South 82Ó20'24" East a distance of 929.61 feet to a concrete monument found for corner; South 05Ó40'36" West a distance of 449.69 feet to a concrete monument found for corner; North 47Ó40'45" East a distance of 673.97 feet to a concrete monument found for corner; North 89Ó15'58" East a distance of 399.90 feet to a concrete monument found for corner; eet to a concrete monument found for corner; North 32Ó11'36" East a distance of 505.10 feet to a concrete monument found for corner in the southwest corner of Tract E-406 conveyed to the United States of America by deed recorded in Deed Records, Denton County, Texas; THENCE along the south line of said United States of America Tract E-406, the following calls: North 81Ó59'36" East a distance of 1179.80 feet to a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 58Ó08'13" East a distance of 3.93 feet; North 63Ó54'36" East a distance of 949.80 feet a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 38Ó37'20" East a distance of 3.75 feet; North 21Ó17'06" East a distance of 1535.00 feet to a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 21Ó17'06" East a distance of 135.10 feet; THENCE South 03Ó23'03" East a distance of 809.63 feet to a concrete monument found for corner; THENCE South 82Ó20'24" East a distance of 129.90 feet to a concrete monument found for corner; THENCE South 82Ó22'24" East a distance of 77.70 feet to a fence corner found for corner in the west line of a tract of land conveyed to Harold D. Shanklin by deed recorded in Clerk File Number 93-R0036404, Deed Records, Denton County, Texas; Planning and Zoning CommissionPage 87 of 272June 2, 2016 Exhibit H THENCE South 01Ó58'36" West along the Westerly line of said Shanklin tract, a distance of 646.30 feet to a iron rod with cap found for corner; THENCE South 87Ó09'20" East a distance of 170.66 feet to a iron rod with cap found for corner; THENCE South 00Ó27'13" East a distance of 1039.05 feet to a iron rod with cap found for corner; THENCE North 75Ó53'28" East a distance of 15.44 feet to a iron rod with cap found for corner; THENCE South 00Ó27'13" East a distance of 856.86 feet to a iron rod with cap found for corner in the North line of said Marshall Creek road; THENCE South 89Ó12'06" West along the apparent North line of said Marshall Creek road a distance of 1717.11 feet to a one half inch iron rod with cap found for corner at the apparent northeast corner of said R. Allen Survey Abstract Number 5; THENCE South 00Ó38'24" East along the east line of said R. Allen Survey Abstract Number 5 a distance of 593.60 feet to a concrete monument found for corner; THENCE South 00Ó25'54" East continuing along the east line of said R. Allen Survey Abstract Number 5 a distance of 1125.30 feet to a concrete monument found for corner in the southeast line of a United States of America perpetual flowage easement recorded in Volume 462, Page 422, Deed Records, Denton County, Texas; THENCE along the southeast line of said United States of America perpetual flowage easement, the following calls: South 48Ó28'36" West a distance of 229.66 feet to a concrete monument found for corner; South 34Ó01'36" West a distance of 463.31 feet to a concrete monument found for corner; South 09Ó25'36" West a distance of 491.80 feet to a concrete monument found for corner; South 39Ó20'36" West a distance of 599.25 feet to a concrete monument found for corner; North 87Ó03'24" West a distance of 248.30 feet to a concrete monument found for corner; South 15Ó23'24" East a distance of 406.80 feet to a five-eighths inch iron rod found at Planning and Zoning CommissionPage 88 of 272June 2, 2016 Exhibit H the northeast corner of Lot 4, Block 2 The Fourth Nine At Trophy Club, an addition to the Town of Trophy Club recorded in Cabinet M, Slide 148, Plat Records, Denton County, Texas; THENCE along the east, north, and west line of said The Fourth Nine At Trophy Club, the following calls: South 74Ó36'36" West a distance of 112.82 feet to an iron rod with cap found for corner; North 85Ó06'19" West a distance of 56.38 feet to an iron rod with cap found for corner; North 73Ó18'22" West a distance of 63.83 feet to a 5/8 inch iron rod found for corner; North 15Ó23'24" West a distance of 346.42 feet to an iron rod with cap found for corner; North 63Ó32'40" West a distance of 291.35 feet to an iron rod with cap found for corner; North 80Ó03'55" West a distance of 162.02 feet to an iron rod with cap found for corner; South 67Ó40'19" West a distance of 279.96 feet to an iron rod with cap found for corner; South 32Ó07'45" West a distance of 112.00 feet to an iron rod with cap found for corner; South 00Ó33'24" East a distance of 20.00 feet to an iron rod with cap found for corner; South 77Ó55'47" West a distance of 158.91 feet to an iron rod with cap found for corner; North 64Ó45'24" West a distance of 363.09 feet to an iron rod with cap found for corner; North 00Ó22'41" East a distance of 293.30 feet to an iron rod with cap found for corner; North 40Ó17'42" East a distance of 123.57 feet to a point for corner; North 12Ó49'16" East a distance of 107.20 feet to a point for corner; North 34Ó52'09" East a distance of 762.50 feet to an iron rod with cap found for corner; North 50Ó05'36" East a distance of 516.70 feet to an iron rod with cap found for corner; North 11Ó26'32" West a distance of 220.00 feet to an iron rod with cap found for corner; South 82Ó25'37" West a distance of 327.53 feet to an iron rod with cap found for corner; North 60Ó48'42" West a distance of 402.83 feet to an iron rod with cap found for corner; North 84Ó19'51" West a distance of 553.26 feet to a point for corner; Planning and Zoning CommissionPage 89 of 272June 2, 2016 Exhibit H South 65Ó33'18" West a distance of 281.03 feet to an iron rod with cap found for corner; South 89Ó26'36" West a distance of 209.85 feet to an iron rod with cap found for corner; North 82Ó25'57" West a distance of 182.43 feet to an iron rod with cap found for corner; South 79Ó57'31" West a distance of 156.45 feet to a five-eighths inch iron rod found for corner; South 62Ó18'10" West a distance of 479.65 feet to an iron rod with cap found for corner; South 38Ó18'10" West a distance of 629.86 feet to an iron rod with cap found for corner; South 28Ó48'10" West a distance of 460.00 feet to an iron rod with cap found for corner; South 34Ó14'36" West a distance of 210.00 feet to an iron rod with cap found for corner; South 38Ó26'58" East a distance of 87.55 feet to an iron rod with cap found for corner; South 80Ó10'27" East a distance of 100.01 feet to an iron rod with cap found for corner; North 52Ó50'00" East a distance of 117.45 feet to an iron rod with cap found for corner; South 66Ó45'07" East a distance of 229.25 feet to an iron rod with cap found for corner; South 21Ó14'03" East a distance of 489.09 feet to an iron rod with cap found for corner; South 04Ó18'24" East a distance of 730.69 feet to a point for corner; South 15Ó47'04" West a distance of 188.63 feet to a point for corner at the most westerly southwest corner of Lot 1, Block 2 of said The Fourth Nine At Trophy Club in the north line of a called 294.7047 acre tract of land conveyed to Cobblestone Texas, Inc. by deed recorded in Clerk File Number 93-R0087511, Deed Records, Denton County, Texas; THENCE departing the West line of said The Fourth Nine At Trophy Club and along the North line of said Cobblestone Texas, Inc. 294.7047 acre tract, the following calls: South 50Ó29'36" West a distance of 120.90 feet to a point for corner; South 62Ó14'36" West a distance of 122.55 feet to a point for corner; South 83Ó14'41" West a distance of 653.82 feet to a point for corner at the most easterly southeast corner of The Quorum Condominiums, an addition to the Town of Trophy Club recorded in Cabinet C, Slide 358, Plat Records, Denton County, Texas; Planning and Zoning CommissionPage 90 of 272June 2, 2016 Exhibit H THENCE along the east and north line of said The Quorum Condominiums, the following calls: North 34Ó27'24" East a distance of 117.13 feet to a point for corner; South 85Ó31'04" West a distance of 761.36 feet to an iron rod with cap found for corner; South 88Ó07'51" West a distance of 312.34 feet to a point for corner in the East line of Trophy Club Drive (40 foot-wide Right-of-Way at this line) at the beginning of a non- tangent curve to the left whose chord bears North 23Ó05'59" East a distance of 626.30 feet; THENCE along the east line of said Trophy Club Drive and along said non-tangent curve to the left having a radius of 1325.00 feet, a central angle of 27Ó20'29", and an arc distance of 632.29 feet to a one-half inch iron rod found for corner; THENCE continuing along the east line of said Trophy Club Drive, the following calls: North 09Ó25'44" East a distance of 225.00 feet to an iron rod with cap found for corner at the beginning of a tangent curve to the right whose chord bears North 28Ó40'43" East a distance of 576.97 feet; In a northeasterly direction along said tangent curve to the right having a radius of 875.00 feet, a central angle of 38Ó30'03", and an arc distance of 587.97 feet to an iron rod with cap found for corner at the beginning of a reverse curve to the left whose chord bears North 23Ó40'45" East a distance of 718.75 feet; In a northeasterly direction along said reverse curve to the left having a radius of 875.00 feet, a central angle of 48Ó29'58", and an arc distance of 740.67 feet to an iron rod with cap found for corner; North 00Ó34'16" West a distance of 619.43 feet to a 5/8 inch iron rod found at the northeast corner of Lakes of Trophy Club Phase 3, an addition to the Town of Trophy Club recorded in Cabinet R, Slide 169, Plat Records, Denton County, Texas THENCE South 89Ó29'08" departing the east line of said Trophy Club Drive and along the West line of said Lakes of Trophy Club Phase 3 a distance of 1549.31 feet to an iron rod with cap found at the northwest corner of Lakes of Trophy Club Phase 2, an addition to the Town of Trophy Club recorded in Cabinet O, Slide 323, Plat Records, Denton County, Texas, said point also being in the east line of Parkview Drive (variable-width Right-of-Way); THENCE North 00Ó51'47" East along the east line of said Parkview Drive a distance of 390.16 feet to an iron rod with cap found at the most westerly southwest corner of Lot 1, Block 1 Trophy Club Recreation Center, an addition to the Town of Trophy Club recorded in Clerk File No. 02-110526, Deed Records, Denton County, Texas; Planning and Zoning CommissionPage 91 of 272June 2, 2016 Exhibit H THENCE along the south, east and north line of said Lot 1, Block 1 Trophy Club Recreation Center, the following calls: South 44Ó49'00" East a distance of 13.97 feet to an iron rod with cap found for corner; North 89Ó30'13" East a distance of 352.38 feet to a point for corner at the beginning of a tangent curve to left whose chord bears North 61Ó05'03" East a distance of 475.92 feet; In an easterly and northeasterly direction along said tangent curve to the left having a radius of 500.00 feet, a central angle of 56Ó50'20", and an arc distance of 496.01 feet to an iron rod with cap found for corner at the beginning of a reverse curve to the right whose chord bears North 42Ó24'11" East a distance of 186.06 feet; In a northeasterly direction along said reverse curve to the right having a radius of 550.00 feet, a central angle of 19Ó28'36", and an arc distance of 186.96 feet to an iron rod with cap found for corner; North 29Ó37'08" West a distance of 36.96 feet to an iron rod with cap found for corner at the beginning of a non-tangent curve to the right whose chord bears South 81Ó40'09" West a distance of 270.76 feet; In a westerly direction along said non-tangent curve to the right having a radius of 845.00 feet, a central angle of 18Ó26'19", and an arc distance of 271.93 feet to an iron rod with cap found for corner; North 89Ó06'42" West a distance of 568.09 feet to an iron rod with cap found for corner in the east line of said Parkview Drive at the beginning of a non-tangent curve to the right whose chord bears North 28Ó53'16" East a distance of 210.43 feet; THENCE along the east line of said Parkview Drive, the following calls: In a northeasterly direction along said non-tangent curve to the right having a radius of 745.99 feet, a central angle of 16Ó12'58", and an arc distance of 211.13 feet to an iron rod with cap found for corner; North 36Ó59'44" East a distance of 114.24 feet to a one-half inch iron rod found at the beginning of a tangent curve to the left whose chord bears North 18Ó56'05" East a distance of 514.70 feet; Along said tangent curve to the left having a radius of 830.00 feet, a central angle of 36Ó07'33", and an arc distance of 523.33 feet to a 5/8 inch iron rod found for corner; North 00Ó52'12" East a distance of 60.08 feet to a 5/8 inch iron rod found for corner at the beginning of a tangent curve to the right whose chord bears North 5Ó33'24" East a distance of 125.83 feet; Planning and Zoning CommissionPage 92 of 272June 2, 2016 Exhibit H In a northerly direction along said tangent curve to the right having a radius of 770.00 feet, a central angle of 9Ó22'24", and an arc distance of 125.97 feet to a five-eighths inch iron rod found for corner at the beginning of a non-tangent curve to the right whose chord bears North 36Ó11'13" East a distance of 20.14 feet; In a northeasterly direction along said non-tangent curve to the right having a radius of 2100.01 feet, a central angle of 0Ó32'58", and an arc distance of 20.14 feet to a point for corner at the beginning of a non-tangent curve to the left whose chord bears North 85Ó28'20" West a distance of 346.33 feet; THENCE in a westerly direction along said non-tangent curve to the left having a radius of 2000.05 feet, a central angle of 9Ó56'01", and an arc distance of 346.76 to the POINT OF BEGINNING and containing 608.207 acres, more or less, Save and Except 21.338 acres. Tract E Î 88.709 acres BEING a tract or parcel of land situated in the R. Allen Survey, Abstract number 5, the R. Allen Survey, Abstract Number 17, the J. Henry Survey, Abstract Number 529, the J. Michael Survey, Abstract Number 820, and the W. Medlin Survey, Abstract Number 829, in the Town of Trophy Club, Denton County, Texas, and being part of ÐTract 8CÑ called 97.4335 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at the northeast corner of The Quorum Condominiums, an addition to the Town of Trophy Club recorded in Cabinet C, Slide 358, Plat Records, Denton County, Texas; THENCE South 34Ó27'24" West along the east line of said The Quorum Condominiums a distance of 117.12 feet to a point for corner in the north line of a tract of land conveyed to Clubcorp Golf of Texas, L.P. by deed recorded in Clerk File Number 00- 00131448, Deed Records, Denton County, Texas; THENCE along the north line of said Clubcorp Golf of Texas, L.P. tract, the following calls: North 83Ó14'41" East a distance of 653.82 feet to a point for corner; North 62Ó14'36" East a distance of 122.55 feet to a point for corner; North 50Ó29'36" East a distance of 120.90 feet to a point for corner at the most westerly southwest corner of Lot 1, Block 2 The Fourth Nine At Trophy Club, an addition to the Town of Trophy Club recorded in Cabinet M, Slide 148, Plat Records, Denton County, Texas; Planning and Zoning CommissionPage 93 of 272June 2, 2016 Exhibit H THENCE along the south line of said Lot 1, Block 2 The Fourth Nine At Trophy Club, the following calls: South 78Ó29'24" East a distance of 110.00 feet to a point for corner; South 44Ó47'48" East a distance of 498.14 feet to a point for corner; 01 feet to the POINT OF BEGINNING; THENCE 56Ó41'36" East continuing along the south line of said Lot 1, Block 2 The Fourth Nine At Trophy Club a distance of 177.29 feet to a one-half inch iron rod with cap found at the most easterly southeast corner of said Lot 1, Block 2 The Fourth Nine At Trophy Club; THENCE along the south and east line of said Lot 1, Block 2 The Fourth Nine At Trophy Club, the following calls: North 33Ó18'24" West a distance of 120.00 feet to an iron rod with cap found for corner; South 56Ó41'36" West a distance of 80.00 feet to an iron rod with cap found for corner; North 33Ó18'24" West a distance of 519.80 feet to an iron rod with cap found for corner; North 04Ó18'24" West a distance of 743.13 feet to an iron rod with cap found for corner; North 21Ó14'03" West a distance of 601.04 feet to an iron rod with cap found for corner; North 68Ó57'37" West a distance of 175.88 feet to an iron rod with cap found at the most northerly northeast corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club; South 55Ó36'30" West a distance of 267.82 feet to an iron rod with cap found at the northwest corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club; THENCE North 66Ó45'10" West departing the northwest corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club a distance of 118.39 feet to an iron rod with cap found in the south line of Lot 2, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the south and east line of said Lot 2, Block 2, The Fourth Nine At Trophy Club, the following calls: North 55Ó36'25" East a distance of 262.29 feet to an iron rod with cap found for corner; North 37Ó16'43" East a distance of 408.19 feet to a five-eighths inch iron rod found for corner; Planning and Zoning CommissionPage 94 of 272June 2, 2016 Exhibit H North 38Ó09'25" East a distance of 509.37 feet to an iron rod with cap found for corner; North 62Ó19'57" East a distance of 403.36 feet to an iron rod with cap found for corner; North 89Ó26'36" East a distance of 110.02 feet to a point for corner at the southeast corner of said Lot 2, Block 2, The Fourth Nine At Trophy Club; North 00Ó33'24" West a distance of 250.00 feet to an iron rod with cap found at the northeast corner of said Lot 2, Block 2, The Fourth Nine At Trophy Club; THENCE North 89Ó26'36" East departing the east line of said Lot 2, Block 2, The Fourth Nine At Trophy Club a distance of 70.00 feet to an iron rod with cap found at the northwest corner of Lot 3, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the west and south line of said Lot 3, Block 2, The Fourth Nine At Trophy Club, the following calls: South 00Ó33'24" East a distance of 250.00 feet to an iron rod with cap found for corner; North 89Ó26'36" East a distance of 940.00 feet to an iron rod with cap found for corner; South 28Ó01'52" East a distance of 140.57 feet to an iron rod with cap found for corner; South 38Ó36'14" West a distance of 500.16 feet to an iron rod with cap found for corner; South 34Ó01'21" West a distance of 500.40 feet to an iron rod with cap found for corner; South 05Ó29'13" East a distance of 206.91 feet to an iron rod with cap found for corner; to an iron rod with cap found for corner; South 00Ó22'41" West a distance of 54.87 feet to an iron rod with cap found at the southwest corner of said Lot 3, Block 2, The Fourth Nine At Trophy Club; South 89Ó37'19" East a distance of 50.00 feet to an iron rod with cap found at the southeast corner of said Lot 3, Block 2, The Fourth Nine At Trophy Club; THENCE South 00Ó22'41" West departing the south line of said Lot 3, Block 2, The Fourth Nine At Trophy Club a distance of 90.00 feet to an iron rod with cap found at the northeast corner of Lot 4, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the west and north line of said Lot 4, Block 2, The Fourth Nine At Trophy Club, the following calls: North 89Ó37'19" West a distance of 50.00 feet to an iron rod with cap found for corner; Planning and Zoning CommissionPage 95 of 272June 2, 2016 Exhibit H South 00Ó22'41" West a distance of 54.68 feet to an iron rod with cap found for corner; South 17Ó10'44" East a distance of 129.53 feet to an iron rod with cap found for corner; South 67Ó49'36" West a distance of 664.92 feet to an iron rod with cap found for corner; South 25Ó22'05" West a distance of 758.05 feet to an iron rod with cap found for corner; South 33Ó18'20" East a distance of 251.74 feet to an iron rod with cap found at the southwest corner of said Lot 4, Block 2, The Fourth Nine At Trophy Club in the south line of a perpetual flowage easement recorded in Volume 464, Page 321, Deed Records, Denton County, Texas; North 56Ó41'36" East along the common boundary line between said perpetual flowage easement tract and said Lot 4, Block 2, The Fourth Nine At Trophy Club a distance of 640.00 feet to a point at the most westerly southeast corner of said Lot 4, Block 2, The Fourth Nine At Trophy Club in the southeast corner of a perpetual flowage easement recorded in Volume 462, Page 422, Deed Records, Denton County, Texas from which a concrete monument found bears North 1Ó18'11" East a distance of 0.86 feet; THENCE departing the south line of said Lot 4, Block 2, The Fourth Nine At Trophy Club and along the north line of said perpetual flowage easement tract, the following calls: North 75Ó22'36" East a distance of 120.89 feet to a point for corner from which a concrete monument found bears North 14Ó54'20" West a distance of 0.74 feet; South 78Ó46'24" East a distance of 393.24 feet to a concrete monument found for corner; North 33Ó08'36" East a distance of 299.10 feet to a concrete monument found for corner; South 74Ó10'24" East a distance of 958.80 feet to a concrete monument found for corner; South 10Ó12'24" East a distance of 221.55 feet to a concrete monument found for corner; THENCE North 58Ó14'36" East a distance of 105.24 feet to a point for corner in the west line of Lot 1, Block 1, of said The Fourth Nine At Trophy Club; THENCE along the west and south line of said Lot 1, Block 1, The Fourth Nine At Trophy Club, the following calls: South 34Ó59'13" East a distance of 92.19 feet to an iron rod with cap found for corner; Planning and Zoning CommissionPage 96 of 272June 2, 2016 Exhibit H South 08Ó32'02" East a distance of 56.44 feet to an iron rod with cap found for corner; South 40Ó03'13" East a distance of 34.00 feet to an iron rod with cap found for corner; South 58Ó07'10" East a distance of 56.35 feet to an iron rod with cap found for corner; South 34Ó59'13" East a distance of 345.32 feet to an iron rod with cap found for corner; South 66Ó09'36" East a distance of 717.36 feet to an iron rod with cap found at the south corner of said Lot 1, Block 1, The Fourth Nine At Trophy Club in the north line of said Clubcorp Golf of Texas, L.P. tract; THENCE along the north line of said Clubcorp Golf of Texas, L.P. tract, the following calls: North 67Ó38'33" West a distance of 1384.32 feet to an iron rod with cap found for corner; North 62Ó57'33" West a distance of 641.35 feet to an iron rod with cap found for corner; South 75Ó13'48" West a distance of 331.67 feet to an iron rod with cap found for corner; South 61Ó56'48" West a distance of 876.80 feet to a point for corner; North 11Ó01'02" West a distance of 104.10 feet to a point for corner; North 11Ó54'37" East a distance of 40.71 feet to an iron rod with cap found for corner; THENCE North 85Ó06'19" West a distance of 471.60 feet to the POINT OF BEGINNING and containing 88.709 acres, more or less. Planning and Zoning CommissionPage 97 of 272June 2, 2016 Exhibit H ZONING MAP 15 Planning and Zoning CommissionPage 98 of 272June 2, 2016 Exhibit H EXHIBIT “B” DEVELOPMENT STANDARDS I.PROJECT LOCATION The Highlands at Trophy Club consists of approximately 696.9 acres of land generally to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of The Lakes Subdivision and Parkview Drive, south of the Corps of EngineerÓs property, and west of the TownÓs eastern town limit. Planning and Zoning CommissionPage 99 of 272June 2, 2016 Exhibit H II.PURPOSE AND INTENT A.Purpose and Intent : The purpose of the district is to create a master planned community featuring a mixture of housing types and commercial uses in a manner that will encourage sustainable neighborhoods and attract investment to the area. purpose 1. The of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. intent 2. The of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which include such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks and plazas. 3. The Highlands at Trophy Club PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Highlands at Trophy Club Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Highlands at Trophy Club District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. Applicability: B. This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the Town shall apply to The Highlands at Trophy Club. Planning and Zoning CommissionPage 100 of 272June 2, 2016 Exhibit H III.DEFINITIONS Accessory Building:A subordinate building or structure of masonry and/or wood construction that is detached from the main building and customarily incidental to the principal building. Block: A continuous street edge along any one side, between any intersections with a Street, Mews, or Court. Court:A street with buildings fronting across the street from a central green or open space. Covered Front Porch: An area of at least 60 S.F. covered by the main roof or an architectural extension. Gifts to the Street:Building enhancements that improve the feel and experience of the street, including porches, stoops, bay windows, balconies, masonry clad chimneys, attached pergolas and colonnades. Green:A publicly accessible space with turf and landscaping fronted by buildings either directly or across the street. Key Lot: Any lot which has a street adjacent to both its front and side building lines, and its rear property line is also the side property line of an adjacent lot. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) Kiosk Sign:A sign that contains individual panels and that is generally used to provide direction to residential subdivisions from major thoroughfares or to provide direction to schools, amenities, information centers, community facilities and neighborhoods within a residential subdivision. The Highlands at Trophy Club Concept Plan (Exhibit C): The graphic plan for The Highlands at Trophy Club that establishes and delineates the respective PD sub-districts such as the Village Center and other Neighborhoods. Public Open Space: Whether maintained by the school district through a joint use agreement, private association or public improvement district, publicly accessible parks, greens, squares, courtyards, plazas, parkways, medians, commons and tot lots, shall constitute Public Open Space. Pull Through Garage:A garage that is sited at the rear of a lot and behind the principal structure that requires a driveway adjacent to the principal structure to connect the garage with the street fronting the principal structure. Shall: A term requiring compliance. Shared Parking:Parking areas that provide parking for multiple commercial sites or pads. Should: A term encouraging compliance. Planning and Zoning CommissionPage 101 of 272June 2, 2016 Exhibit H Side Street:A street that principally is fronted by the side of a residential or commercial building on a corner lot. Transparency:Windows, glass doors and other clear façade treatments that provide a sense of openness to a structure. Planning and Zoning CommissionPage 102 of 272June 2, 2016 Exhibit H IV.LOT TYPE REGULATIONS The Highlands at Trophy Club will include a variety of lot types in order to achieve the goals established for the district. The lot types and requirements for each shall be as follows: A.Lot Type 1: 1. Purpose:This lot type is designed to allow single family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses:Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 1 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 1 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements:No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations:No building shall exceed forty feet (40Ó) or two and one-half (2-1/2) stories in height. The following minimum standards shall be required as 5. Area Regulations: measured from property lines: Lot Size: 12,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Planning and Zoning CommissionPage 103 of 272June 2, 2016 Exhibit H Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one half story or two 2,500* 2,000* story residence * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Front Yard: 25 feet minimum Rear Yard (Golf Course): 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard (Golf Course): 10 feet minimum Side Yard: 10 feet minimum; provided that the distance between buildings and structures on contiguous lots remains a minimum 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. Side Yard Adjacent to Street: 20 feet minimum Lot Width: 90 feet minimum; (measured at the front building line) Lot Width Adjacent to Side Street: 100 feet (measured at the front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Planning and Zoning CommissionPage 104 of 272June 2, 2016 Exhibit H B.Lot Type 2: 1. Purpose:This lot type is designed to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses:Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 2 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 2 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements:No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations:No building shall exceed forty feet (40Ó) or two and one-half (2-1/2) stories in height. 5. Area Regulations:The following minimum standards shall be required as measured from property lines: Lot Size: 10,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty- five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Of Additional regulations for Neighborhoods 3 & 4 : the 238 Type 2 Lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots the combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining Planning and Zoning CommissionPage 105 of 272June 2, 2016 Exhibit H maximum building coverage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one half story or 2,250* 2,000* two story residence * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Additional regulations for Neighborhoods 3 & 4: (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Type of Structure Golf Course Lots All Other Lots One story residence 2,7002,700 One and one half story or 2,700*2,700* two story residence Front Yard: 25 feet minimum Rear Yard: Golf Course: 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: Golf Course: 10 feet minimum Side Yard: 7.5 feet minimum; provided that the distance between buildings remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet Side Yard: Adjacent to Street: 15 feet minimum Lot Width: 80 feet minimum (measured at the front building line) Lot Width: Adjacent to Side Street: 90 feet minimum (measured at the front building line) Planning and Zoning CommissionPage 106 of 272June 2, 2016 Exhibit H Lot Depth: 110 feet minimum Lot Depth: Corner or cul-de-sac lot: 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Additional regulations for Neighborhoods 3 & 4: Any lot that exceeds coverage in excess of 40% must have a 3-car garage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Planning and Zoning CommissionPage 107 of 272June 2, 2016 Exhibit H C.Lot Type 3: 1. Purpose:This lot type is designed to allow single family detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 3 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 3 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements:No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations:No building shall exceed forty feet (40Ó) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot size: 8,400 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet Front Yard: 25 feet minimum Planning and Zoning CommissionPage 108 of 272June 2, 2016 Exhibit H Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: 5 feet minimum Side Yard Adjacent to Street: 15 feet minimum Lot Width: 70 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 80 feet minimum (measured at front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 90 feet minimum Garage: May not face front street unless set back at least 30 feet from the front building line; may not face side street unless set back 50 feet from the side street right-of-way. Planning and Zoning CommissionPage 109 of 272June 2, 2016 Exhibit H D.Lot Type 4: 1. Purpose:This lot type is designed to allow single family detached dwellings on lots of not less than seven thousand, two hundred (7,200) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses:Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 4 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 4 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements:No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations:No building shall exceed forty feet (40Ó) or two and one-half (2-1/2) stories in height. 5. Area Regulations:The following minimum standards shall be required as measured from property lines: Lot Size: 7,200 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: One-Story = 1,650 square feet Two-Story = 1,800 square feet Front Yards: Front yard setbacks shall vary and shall be shown on the Final Plat for the subdivision. To create a variety of front yards on each street, a relatively equal number of lots shall Planning and Zoning CommissionPage 110 of 272June 2, 2016 Exhibit H be platted with 20Ó, 23Ó, and 26Ó minimum front yards. Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: A minimum of five (5) feet on each side. Side Yard Adjacent to Street: 15 feet minimum Lot Width: 60 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 70 feet (measured at front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. At least 75% of garages shall be set back 2Ó from the main faŒade. Garage doors facing a street must have one of the following: 1) Covered by a minimum 4Ó deep Porte-cochere or eave, or 2) Set back 10Ó minimum from main façade; and at least one of the following: 3) Architectural enhancements to garage doors, which can include decorative hardware, decorative windows, or panel detailing. Planning and Zoning CommissionPage 111 of 272June 2, 2016 Exhibit H E.Lot Type 5: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than five thousand, two hundred fifty (5,250) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 5 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 5 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements:No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations:No building shall exceed two (2) stories in height, the maximum height of two stories not to exceed forty (40) feet. 5. Area Regulations:The following minimum standards shall be required as measured from property lines: Lot Size: 5,250 square feet minimum 65 lots larger than 6,000 sq. ft. 30 lots larger than 7,000 sq. ft. Lot Coverage: The combined area covered by all main buildings and accessory structures for lots: less than 6,000 sq. ft. shall not exceed fifty percent (50%) of the total lot area; equal to or greater than 6,000 sq. ft. shall not exceed sixty percent (60%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet. Planning and Zoning CommissionPage 112 of 272June 2, 2016 Exhibit H Front Yard: 15-ft. minimum for main façade of home; Garage door must have a minimum 20-ft. front setback. Rear Yard: 20 feet minimum Side Yard: 5 feet Side Yard Adjacent to Street: 10 feet minimum Lot Width: 50 feet minimum (measured at the front building line) Lot Width Adjacent to Side Street: 55 feet minimum (measured at the front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. Must have a minimum 20-ft. front setback. All garage doors must be stained cedar. All garages must have a minimum 2-ft. offset between the front elevation of the house and the garage. 6. Gifts to the Street: In addition to the three (3) ÐGifts to the StreetÑ required in Section VI, Development and Design Standards, Subsection F.1, each Lot Type 5 single family home in Neighborhood 8 must utilize three of the following improvements: Exposed aggregate driveway 10/12 pitch roof Masonry arches Two 3-inch trees Two carriage lights on the front of the home Divided light windows 7. Screening Regulations: Perimeter landscaping and screening adjacent to Trophy Park Drive shall match the existing landscape and screening on the opposite side of Trophy Park Drive. Materials and construction specifications shall be approved by Town prior to construction. Perimeter landscaping and screening adjacent to Trophy Club Drive shall match the existing landscape and screening constructed on Trophy Club Drive within The Highlands at Trophy Club development. Materials and construction specifications shall be approved by Town prior to construction. 30 Planning and Zoning CommissionPage 113 of 272June 2, 2016 2,000 s.f. 2,000 s.f. Others Min. Dwelling Square 2016 2, 1,800 s.f. 1,650 s.f. 1,800 s.f. June Footage 2,500 s.f 2,500 s.f Golf Rear *25Ó *25Ó 20Ó 20Ó 20Ó 2008-39 P&Z, Approved 12/1/08) **15-ft. minimum for main façade of home; Garage door must have a minimum 20-ft. front setback. Yard Setbacks To Street Adjacent Summary of Lot Type Regulations Side 15Ó 20Ó 15Ó 15Ó 10Ó TABLE NO. 4-1 *Additional Golf Course Lot Requirements. Refer to Lot Type Regulations. Exhibit H 272 of (Side Yard Setback for Lot Type 3 Typographical Error corrected by Council, Ordinance Side *7.5Ó *10Ó 114 5Ó 5Ó 5Ó Page 15Ó/20Ó** 20Ó-26Ó Front 25Ó 25Ó 25Ó 110Ó 110Ó 110Ó 100Ó 100Ó Depth Min. Width Min. 90Ó 80Ó 70Ó 60Ó 50Ó 100Ó x 120Ó 70Ó x 120Ó 60Ó x 120Ó 50Ó x 105Ó 80Ó x 125 Dimension Typical Commission s Zoning *12,000 s.f. *10,000 s.f. 8,400 s.f. 7,200 s.f. 5,250 s.f. Footage Square and Min. Planning Type Lot 1 2 3 4 5 Exhibit H V.NEIGHBORHOOD REGULATIONS A.Neighborhood 1: Neighborhood 1 shall include the following four (4) lot types: Lot Types 1 and 2 shall be required along Trophy Club Drive and represent approximately 20 lots with Lot Type 1 at the corner lots of the one-way courts facing Trophy Club Drive. Lot Type 3 - Approximately 22 lots. Lot Type 4 - Approximately 177 lots. Total Number of Lots: 219 B.Neighborhood 2: Neighborhood 2 shall include the following two (2) lot types: Lot Type 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 6 lots. Lot Type 2 - Approximately 144 lots. Total Number of Lots: 150 C.Neighborhood 3: Neighborhood 3 shall include the following two (2) lot types: Lot Types 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 4 lots. Lot Type 2 Î Approximately 136 lots. Total Number of Lots: 140 D.Neighborhood 4: Neighborhood 4 shall include the following two (2) lot types: Lot Type 1 shall be located adjacent to the Golf Course and represent approximately 80 lots. Lot Type 2 - Approximately 104 lots. Total Number of Lots: 184 Planning and Zoning CommissionPage 115 of 272June 2, 2016 Exhibit H E.Neighborhood 5: Neighborhood 5 shall include the following three (3) lot types: Lot Types 1 and 2 shall be required along Trophy Club Drive with Lot Type 1 required at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 34 lots. Lot Type 3 - Approximately 137 lots. Total Number of Lots: 171 F.Neighborhood 6: Neighborhood 6 shall include the following two (2) lot types: Lot Type 1 shall be located at the corner lots of the one-way courts facing Trophy Club Drive and adjacent to the Golf Course between NH-4 and NH-6. Lot Type 1 shall represent approximately 35 lots. Lot Type 2 - Approximately 136 lots. Total Number of Lots: 171 G. Neighborhood 7: Neighborhood 7 shall include the following two (2) lot types: Lot Type 1 Î One (1) lot. Lot Type 3 - Approximately 222 lots. Total Number of Lots: 223 H.Neighborhood 8: Neighborhood 8 shall include the following one (1) lot type: Lot Type 5 shall represent a maximum of 185 lots. Total Number of Lots: 185 The Private Open Space within the Neighborhood 8 property limits will be maintained by a Homeowners Association. A connector trail in Neighborhood 8 behind open space is required. Planning and Zoning CommissionPage 116 of 272June 2, 2016 Exhibit H I.Neighborhood 9: Neighborhood 9 shall include the following lot type: Lot Type 1 - Approximately 46 lots. Total Number of Lots: 46 The maximum number of lots permitted within the Highlands at Trophy Club PD District shall not exceed 1,489 lots. The number of lots for any given lot type in a neighborhood can increase by a maximum 5% but the total number of lots can not exceed 1,489 lots and the total number of Lot Types 3-5 shall not exceed the totals listed in Table 5-1 (for each Lot Type individually). 34 Planning and Zoning CommissionPage 117 of 272June 2, 2016 Exhibit H FIGURE NO. 5-1 Planning and Zoning CommissionPage 118 of 272June 2, 2016 2016 2, Density June N/A N/A N/A Net 3.4 2.4 2.6 2.1 3.2 2.3 2.7 3.5 2.4 2.6 - Density Gross N/A N/A N/A 2.6 2.4 2.4 2.1 2.1 2.0 1.8 3.5 2.4 2.2 - Acreage 580.15 596.74 63.81 61.95 53.53 88.72 53.87 75.34 82.04 52.66 19.23 16.59 29.22 Net - 100.18 Space 20.50 26.04 39.03 Open 0.00 5.28 0.00 9.33 0.00 0.00 0.00 Acreage 121.07 680.33 696.92 Neighborhood Lot and Density Summary Gross 84.31 61.95 58.81 88.72 79.91 84.67 52.66 19.23 29.22 16.59 - 1. Net Acreage Î Net of FEMA Floodplain and Flowage Easement. 100.0% 1,489 1,489 Total 219 150 140 184 171 171 223 185 N/A N/A 46 TABLE NO. 5-1 Exhibit H 272 of 119 Page 12.4% 5,250 185 185 5 - - - - - - - - - 11.3% 7,200 177 177 4 - - - - - - - - - 25.6% 8,400 137 222 381 22 3 - - - - - - - 10,000 38.0% 144 136 104 136 566 16 30 2 - - - - 12,000 12.1% 180 80 35 46 1 4 6 4 4 1 - - Commission Residential Total Zoning Village Center Percentage Public Park Min SF Notes: Type Total and 1 2 3 4 5 6 7 8 9 NH Planning Exhibit H J.Village Center: 1. Permitted Uses: a. Bakery b. Bank c. Barber or beauty salon d. Bookstores e. Cafes with or without patio f. Community Facilities to include libraries g. Day Care h. Day spa (hair salon, facial treatment, massages) i. Dry cleaning and laundry (pickup/drop-off only) j. Financial institutions k. Florist (no outdoor storage) l. Furniture sales (no outside sales or display) m. Kindergarten n. Municipal facilities to include Fire, Police, and EMS o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices q. Religious Institutions r. Restaurants s. Schools, Private or Public t. Specialty Shops 2. Architectural and Site Design Standards: These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements. Planning and Zoning CommissionPage 120 of 272June 2, 2016 Exhibit H a. Building Walls and Roofs 1) An expression line shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. 2) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) and satellite dishes are visible from the public right-of-way or open space, whether the equipment is located on the ground, exterior walls or the roof. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched or parapet roof system enclosed on all sides. 3) Mansard roofs and flat membrane-type roofs that are visible from ground level are prohibited. 4) For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. 5) Ground floor retail building plate heights should provide for at least fourteen feet (14Ó) in height. 6) Generally, windows shall be oriented vertically. Planning and Zoning CommissionPage 121 of 272June 2, 2016 Exhibit H 7) Columns and piers generally shall be spaced no farther apart than they are tall. 8) Transparency: i. Each floor of any building façade facing a park, plaza or street shall contain transparent windows covering from fifteen percent (15%) to seventy-five percent (75%) of the façade area. ii. In order to provide clear views of merchandise and to provide natural surveillance of exterior street spaces, the ground-floor along the retail storefront facade shall have transparent storefront windows covering no less than fifty percent (50%) of the façade area. iii. Entryways recessed at least four feet (4Ó). b. Permitted Finishes: 1) At least eighty percent (80%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials: i. Brick, stone, cast stone, or stucco. ii. Split face concrete block, poured-in-place concrete, and tilt-wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the façade on at least twenty percent (20%) of each façade. iii. Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt-wall or painted block matching the same color of the rest of the building if the rear façade faces an alley or is not viewable from a public street or right-of-way. Planning and Zoning CommissionPage 122 of 272June 2, 2016 Exhibit H 2) To improve the pedestrian orientation, the ground floor of commercial/retail buildings shall utilize a combination of the following, unless otherwise approved by the Town: i. Corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base; ii. Recessed windows or other techniques to distinguish the windows in the façade such as arches, pediments and mullions; and iii. Entryways recessed at least four feet (4Ó). 3) The utilization of repetitive storefronts for ÐarchitecturalÑ consistency is discouraged in order to maintain an interesting street experience; although the utilization of common architectural elements shall be considered to facilitate a certain level of functional continuity. c. Building Orientation and Pedestrian Site Design: 1) Any building (excluding parking garages and other accessory buildings) viewed from a public right-of-way or public open space shall either face such right-of-way or open space, or shall have a façade facing such area in keeping with the character of the front façade, including the utilization of similar fenestration and materials. 2) Pedestrian Elements To improve the walkability and access of commercial and retail areas, the following are encouraged in the site design of a project: i. Patio/café seating areas ii. Bicycle racks iii. Continuous walkways linking stores vi. Shade provided by building orientation, canopies and/or trees vii. Decorative Trash receptacles Planning and Zoning CommissionPage 123 of 272June 2, 2016 Exhibit H 3) Parking Lot and Building Frontage Landscaping and Design i. A minimum of fifteen (15) square feet of landscaping including tree islands for each parking space shall be provided within the paved boundaries of the parking lot, with the landscaped areas protected by raised curbs except where wheel stops are utilized at the front of parking spaces along a landscaped median between parking bays, and pavement no closer than three feet (3Ó) from the trunk of trees. ii. Landscaped islands of a minimum of five feet (5Ó) in width and extending the entire length of the parking stall generally shall be located at the terminus of all parking rows and shall contain at least one three inch (3Ñ) caliper tree consistent with the Tree List in Section VI Î Development and Design Standards. iii. Parking spaces shall be a minimum depth of 18 feet and a minimum width of 9 feet; to encourage better shade patterns, parking bays shall be separated by a minimum five foot (5Ó) wide landscaped median (See illustration below), with three inch (3Ñ) caliper shade trees planted every thirty feet and wheel stops placed so as to allow the front of vehicles to encroach over the landscaped median without hitting the trees. Planning and Zoning CommissionPage 124 of 272June 2, 2016 Exhibit H iv. Foundation plantings are required for buildings or groups of buildings greater than 40,000 square feet and where the front building facade does not abut a public sidewalk, including a 3.0 inch caliper shade tree for every 10,000 square feet of gross building area consistent with the Tree List as set forth in Section VI. Small ornamental trees are permitted on a ratio of 4 to 1 instead of 3.0 inch caliper shade trees. This is intended to enhance the pedestrian experience in front of larger buildings and to break up large impervious surfaces between parking areas and the building. Foundation planting trees shall be planted within approximately 30 feet of the front façade and are required in addition to any street trees required herein. Tree grates shall be utilized for trees planted less than four (4) feet back of curb. Tree spacing shall not impede sign visibility or pedestrian safety but shall be placed so as to provide an effective shade environment in front of the building. d. Loading Areas and Trash Receptacles: 1) Loading and service areas shall be located at the side of or in the rear of buildings. Every effort should be made to reduce the need for segregated loading and service areas by ensuring that deliveries are made off-hours. Such uses as grocery stores, however, may require a loading dock area. Where tractor/semi-trailer delivery may conflict with Planning and Zoning CommissionPage 125 of 272June 2, 2016 Exhibit H land uses on or adjacent to the site, then the following standards shall be followed: i. Loading and service areas shall be located at the side or rear of buildings. ii. Off-street loading areas shall be screened from view of any street public open space or adjacent property. iii. Loading areas shall be enclosed on three sides by a wall or other screening device not less than 10 feet in height. iv. Loading areas shall not be located closer than 50Ó to any residential lot, unless wholly within an enclosed building. v. Screening materials shall be comprised of a wall that has a similar finish to the primary structure, or a combination of trees and shrubs that will result in solid screening within 2 years. vi. However, when adjacent to a residentially zoned district a screening wall with landscaping shall be used. 2. Trash/Recycling Receptacles: i. Commercial trash/recycling containers shall be located on the side or rear of the building and screened from public view. ii. Such containers shall be located at least 50Ó away from adjacent residential property lines. iii. Such containers shall be screened on 4 sides, ’ using an enclosure that is 7 tall or of a height that is a minimum of 1Ó above the top of the container, whichever is taller. Screening shall be comprised of brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; and all fence posts shall be rust- protected metal, concrete based masonry or concrete pillars. Planning and Zoning CommissionPage 126 of 272June 2, 2016 Exhibit H iv. 6Ñ concrete filled steel pipes shall be located to protect the enclosure from truck operations. v. Such container enclosures shall have steel gates and tie-backs to secure them in an open position, and fasteners to keep them closed. vi. Screening shall be maintained at all times. e. Signage 1) General: Signs shall be flat against the façade, projecting from the façade or ground monument mounted. No signs shall project above the façade unless approved as part of a site plan as a Ðlandmark signÑ such as a theater marquee or other special sign located in an prominent location and intended to provide a special character to the district and orientation to visitors. 2) Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited. 3) Finish Materials: Materials shall complement the architecture of the building, and may include woodÏ painted or natural; metalÏcopper, brass, galvanized steel; painted canvas; paint; engraving directly on façade surface; and brick or stone for monument signs. 4) Wall Signs: i. One and a half (1.5) square feet of signage is permitted for each linear foot of the primary facade of the building, excluding wing walls. (E.g. a 100Ó long building façade would allow for 150 square feet of wall sign area on the building.) ii. Only one building façade with a primary entrance may be used to calculate wall signage. iii. Wall signs may be placed on any face of the building except if adjacent to a residential lot. iv. Maximum area of any single sign mounted perpendicular to a given façade shall not exceed 10 square feet unless it protrudes above the top of the facade. Planning and Zoning CommissionPage 127 of 272June 2, 2016 Exhibit H v. Protruding or hanging signs shall maintain a minimum clear height of eight (8) feet above the sidewalk. 5) Monument Signs: i. Monument signs up to eight (8) feet in height are the only permanent freestanding signs allowed. ii. Maximum area of a monument sign shall be 96 square feet per sign face. Monument signs may have only two (2) sign faces. iii. If a Commercial Neighborhood extends over 1000 linear feet, then one monument sign per 500Ó of frontage is permitted. (E.g. a site with 1,000Ó or more of frontage may have two (2) monument signs, a site with 1,500Ó or more may have three (3) signs, etc.). iv. The structure of monument signs shall be constructed of materials and colors utilized on the primary buildingÓs faŒade. v. Monument signs must be spaced a minimum of two hundred fifty feet (250Ó) apart, unless approved otherwise at Detailed Site Plan. 6) Parking: Retail and office uses shall meet the TownÓs parking standards at the time of development. Planning and Zoning CommissionPage 128 of 272June 2, 2016 Exhibit H K. RESTAURANT DESIGN GUIDELINES – VILLAGE CENTER PURPOSE The Highlands at Trophy Club has many desirable aesthetic qualities and neighborhoods with unique character. These attributes are closely guarded and nurtured to protect the community and ensure design excellence. The Restaurant Design Guidelines – Village Center is intended to be responsive to developers while promoting good design. These guidelines are applicable to all restaurant types as they are structured to respond to the varying conditions and constraints inherent to individual sites within Village Center. DESIGN GUIDELINES These guidelines are intended to address exterior elements of restaurant design to help promote cohesive design and enable comprehensive review of all new buildings. All proposals should be in accordance with the zoning ordinance and PD-27 architectural and site design standards, as Site well as adhere to the requirements stated in this guideline in the following five areas: Design, Architecture, Landscape Design, Lighting, and Signage/Corporate Identification . Site Design The components of a restaurant to be considered in site design include, but are not limited to: Primary structure, entry and associated outdoor waiting area Outdoor dining Service, utility infrastructure, refuse and storage area Pedestrian and vehicular circulation systems, and parking Drive through windows and associated equipment and stacking lanes Primary Structure, Entry and Associated Outdoor Waiting Area: All development proposals should show evidence of coordination with the site plan requirements as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V, Supplementary District Regulations and the Architectural and Site Design Standards required in PD-27, Village Center. Development proposals should show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site should respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites. Where a common setback from the street is evident, new buildings should respect the established setback. Variation is allowed if the resulting arrangement of buildings defines a useful public space such as a plaza or open space. Building entries should be convenient to parking, but also seek and develop shared vehicular access points with adjoining sites where feasible, and seek and develop pedestrian linkages between adjacent properties. Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented toward Northwest Park. Outdoor dining areas should be located away from neighboring residential areas and other sensitive uses. Planning and Zoning CommissionPage 129 of 272June 2, 2016 Exhibit H Service, Utility Infrastructure, and Refuse Area: The clustering of service and refuse areas is encouraged where adjacency of similar uses would allow such areas. Service areas and refuse enclosures should be screened from public view and screened from adjacent sites. Identify the location of utility infrastructure facilities early in the design process. When possible, locate utility cabinets, switching cabinets, transformers, cable boxes, communications infrastructure, backflow preventors, irrigation control boxes and other similar above ground utilities in locations that do not conflict with featured views, outdoor dining areas and circulation patterns. Utility cabinets should not be located within parking lot landscape islands or in highly visible locations within the right-of-way. Utilities should be screened to the extent allowable by operation requirements. Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall accommodate a logical and safe vehicular and pedestrian circulation pattern that minimizes conflicts. Links for pedestrians should be direct and avoid circuitous routes that are not easily understood. Drive Through Windows and Associated Equipment and Stacking Lanes: Drive-through windows, menu boards and associated stacking lanes should be carefully located to minimize the impacts on neighboring residential areas and should be adequately screened from the street, from public view, and from the view of adjacent sites. Drive-through elements should be architecturally integrated into the building, rather than appearing to be applied or “stuck on” to the building. Drive-through window circulation shall provide a minimum stacking distance of 100 feet to provide adequate length of stacking that does not interfere with the movement of traffic or pedestrians on or off-site. A facility with a separate ordering point and pick-up window shall provide stacking space for at least three (3) vehicles in advance of each ordering point and stacking space for at least two (2) vehicles between each ordering point and pick-up window. Entrances to drive-up lanes shall be at least 50 feet from driveways entering a public street. The minimum width of each drive-through lane shall be 12 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs, or pavement marking, or raised curbs. When residential adjacency exists, drive-through windows are not permitted. Architecture Each building will be evaluated with regard to the guidelines below to achieve a final building of good proportion and scale. Buildings that derive their image predominantly from applied treatments that express corporate identity are discouraged. A building should conform to the Village Center Architectural and Site Design Standards first. Awnings may be used on street level windows and doors and should be functional and provide maximum shade to the window area. Awnings are to be made of predominately natural or natural-appearing fabric or canopies. Awnings should not be internally lit. The bottom of an awning must be placed below the top of the window, but above the door. Planning and Zoning CommissionPage 130 of 272June 2, 2016 Exhibit H If a tract is divided into pad sites that will support more than one restaurant, the restaurants should share similar design characteristics and design vocabulary. Precise replication is not necessary or desirable, but consideration should be given to similar color, material, and texture found within the architecture of the buildings. Shading for outdoor dining should be architecturally integrated with the main structure. Landscape Design The landscape design of the site should contribute to the overall appearance and function of the site and streetscape. Landscape should blend with the dominant existing or planned streetscape and character of the area. Landscaping should be provided at the base of buildings to anchor them to the surrounding environment and soften the structure. In-ground landscaping should comprise the majority of the landscaping requirement and be maximized to provide shade and to reduce heat build-up and glare. Raised planters are acceptable when designed to accentuate the architecture and/or create pedestrian seating areas. Landscaping should be placed to maximize screening from neighboring residential areas. Dense landscaping and architectural treatments should be used in combination to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets, and other similar elements. The use of mature trees is encouraged to provide an immediate impact especially when used in buffering adjacent uses. Proper maintenance and timely replacement of plant material is expected and required by ordinance. Lighting Site lighting and architectural lighting of restaurants should provide the user with illumination levels appropriate for the designed activity (i.e., parking, walking, outdoor dining). Illumination levels should also be reasonably uniform throughout the site and absent of glare. A lighting design and plan is required. The lighting plan must include, but is not limited to: type of lighting equipment, lamp source and wattage, fixture locations, mounting height, shielding, mounting details, photometric data including point-by-point horizontal illuminance at ground level and uniformity ration, etc. (per consultant). All illumination of the site, including architectural lighting, should be taken into account in the lighting plan. Avoid competing light levels and maintain balanced light levels on-site and between adjacent properties. The exterior lighting design must take into account the background lighting levels, lighting from other sources, and characteristics of the surrounding area. Signage/Corporate Identification Restaurant signage plans should reflect a balance between providing adequate signage for business identification while protecting the visual aesthetics of Trophy Club’s streetscapes. Treatments used to achieve business identity such as awnings, paint, or signage should be used judiciously and should not be the dominant architectural feature. All signage should be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so as to not visually compete with the architectural of the Planning and Zoning CommissionPage 131 of 272June 2, 2016 Exhibit H building and site. Signs should be integrated such that they become a natural part of the building façade. When multiple restaurants share one site, signs should be integrated as one unit to create shared identity for the property to the extent permitted by the ordinance or be located and/or designed as a package. Building design should anticipate signage, providing logical sign areas and allowing flexibility for new users (if applicable). Repetitious signage information on the same building façade should be avoided. Signs composed of individual letters are encouraged. Back lit or indirectly lit individual letters are generally desirable. Visible raceways and transformers for individual letters are discouraged. Planning and Zoning CommissionPage 132 of 272June 2, 2016 Exhibit H VI.DEVELOPMENT AND DESIGN STANDARDS A.Street Types: The following street types shall establish the criteria for streets allowed within The Highlands at Trophy Club PD District. Section drawings for each street type are illustrated in Exhibit D. 1. Trophy Club Drive (C4D Î Major Collector, Divided, 90Ó Right-of-Way). Classification: Designed to handle the large volumes of traffic from one area of Town to another and to serve as the major point of ingress/egress to the Town. Direct residential driveway access is not allowed. Public Right-of-Way Width: 90Ó Design Speed: 40 m.p.h. Pavement Width: Two (2) - 25Ó B/B Curb Radii: 30Ó Minimum Centerline Radius for Curves: 700Ó Minimum Tangent between Reverse Curves: 50Ó Minimum Sidewalk Width: 4Ó Landscape Median (Measured from Back-of-Curb): 18Ó in Width Parking: No parking allowed. 2. Minor Collector (C2U Î Minor Collector, 60Ó Right-of-Way) Classification: Designed to carry neighborhood traffic to the major collectors. Direct residential driveway access is not allowed. Public Right-of-Way Width: 60Ó Design Speed: 30 m.p.h. Pavement Width: 41Ó B/B Curb Radii: 30Ó Minimum Centerline Radius for Curves: 300Ó Minimum Tangent between Reverse Curves: 50Ó Minimum Sidewalk Width: 4Ó Parking: Parking allowed on both sides of street. 3. Residential Avenue, 60Ó Right-of-Way Classification: A street internal to the neighborhood designed to carry neighborhood traffic to minor collectors and thoroughfares. Public Right of Way Width: 60Ó Design Speed: 30 m.p.h. Pavement Width: 37Ó B/B Curb Radii: 25Ó Minimum Centerline Radius for Curves: 300Ó Minimum Tangent between Reverse Curves: 50Ó Minimum Sidewalk Width: 4Ó Parking: Allowed on both sides of street. Planning and Zoning CommissionPage 133 of 272June 2, 2016 Exhibit H 4. Local Street (L2U Î Local Street, 50Ó Right-of-Way) Classification: Designed to provide access to residential areas. Public Right of Way Width: 50Ó Design Speed: 30 m.p.h. Pavement Width: 27Ó B/B Curb Radii: 25Ó Minimum Centerline Radius for Curves: 300Ó Minimum Tangent between Reverse Curves: 50Ó Minimum Sidewalk Width: 4Ó Parking: Allowed on both sides of street. 5. Local Two Î Way Court, 40Ó Right-of-Way. Classification: Designed to provide access to residential areas. Use of this street section is restricted to single loaded streets adjacent to open space. Public Right-of-Way Width: 40Ó Design Speed: 30 m.p.h. Pavement Width: 27Ó B/B Curb Radii: 25Ó Minimum Centerline Radius for Curves: 300Ó Minimum Tangent between Reverse Curves: 50Ó Minimum Sidewalk Width: 4Ó Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. 6. Local One Î Way Court, 35Ó Right-of-Way. Classification: Designed to provide driveway access for homes facing Trophy Club Drive. Street is single loaded and has an open space buffer between the street and Trophy Club Drive. Number of lots served by this street section shall be limited to 30. Public Right-of-Way Width: 35Ó Design Speed: 20 m.p.h. Pavement Width: 24Ó, or, 20Ó with 4Ó Hard Surface for Fire Access Curb Radii: TBD* Minimum Centerline Radius for Curves: TBD* Minimum Tangent between Reverse Curves: TBD* Minimum Sidewalk Width: 4Ó Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. Sidewalk: Sidewalk is not required for homes facing a one-way court. * To be determined at time of platting Planning and Zoning CommissionPage 134 of 272June 2, 2016 Exhibit H Existing platted streets shall conform to the standards established in The Highlands at Trophy Club Street Types when subject to redesign. However, this will not change already-platted right-of-way. The Town Engineer shall have the discretionary authority to consider and approve exceptions to the Street Design Standards based on compelling evidence of hardship on a case-by-case basis. 52 Planning and Zoning CommissionPage 135 of 272June 2, 2016 2016 Min Tangent Between 2, Reverse Curves June TBD*** 50' 50Ó 50' 50' 50' Width Median 18' - - - - - Centerline TBD*** Minimum Radii 300Ó 300Ó 300Ó 700' 300' Notes: * Design Speed does not imply speed limit. Speed Limit set in accordance with Town ordinance. TBD*** Return Radii 30' 25Ó 25' 25' 30' Curb Roadway Standards TABLE NO. 6-1 Exhibit H 272 Parkway Width of 11.5' (one side 10' (one side 136 only) only) 11.5Ó 11.5' 9.5' 11' Page Pavement Width 2 - 25' Street 24'** 41' 37Ó 27' 27' All Street Pavement widths are to back of curb. ** Or 20Ó with 4Ó Hard Surface for Fire Access. Width Street 60Ó 60' 50' 90' 40' 35' ROW *** To be determined at time of platting Speed* Design 40 30 30 30 30 30 Commission Local Two - Way Court Local One - Way Court C2U - Minor Collector C4D - Major Collector Residential Avenue L2U - Local Street Street Type Zoning and Planning Exhibit H B.Accessory Structures: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 35 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. C.Screening and Fences: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 45 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance, with the following modifications: 1. Fencing on corner lots facing side streets shall be enhanced wooden fences (board-on-board or other design, with a top cap). All enhanced fencing within any neighborhood shall be consistent, and shall be approved with the Detailed Site Plan. 2. Fencing facing open space, parks, floodplain, or flowage easement shall be wrought iron (or tubular steel) as required by Town Ordinance, with the exceptions of the following that may be solid wood fencing: a) Facing gas well sites. b) Facing active use park areas (ball fields, swim center, neighborhood center, etc.) c) Facing other areas specifically approved at the time of Detailed Site Plan. 3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 1 and 2 shall be located 10-ft. from the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 3 and 4 shall be located on the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 5. Side yards adjacent to perimeter fencing may connect to the perimeter fencing and the side yard fence must be located a minimum of ten feet (10-ft.) behind the front façade. The HOA will maintain the perimeter fencing; the homeowner will maintain the fence connecting to the perimeter fencing. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) D.Landscape Standards: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 47 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. Planning and Zoning CommissionPage 137 of 272June 2, 2016 Exhibit H 1. Additional Requirements: a. The median within Trophy Club Drive shall have trees, minimum 3Ñ caliper, spaced at fifty foot (50Ó) intervals. b. Common areas adjacent to streets shall have trees, minimum 3Ñ caliper, spaced at fifty foot (50Ó) intervals. 2.Tree Requirements: A minimum of one (1) tree per 30Ó of lot front yard width is required. Lot Type 2 shall have a minimum of two (2) trees. Trees are allowed in the parkway. Trees shall be a minimum 3Ñ caliper and be one of the trees listed below to count toward tree requirements. Tree List Bald Cypress Bradford Pear Cedar Elm Chinese Pistachio Homestead Elm Lace Bark Elm ÐLittle GemÑ Magnolia Live Oak October Glory Maple Southern Magnolia Texas Red Oak E.Off-Street Parking Requirements: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 48 of the Town of Trophy Club Zoning Ordinance. F.Residential Architectural Standards: 1. Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: Architectural garage doors Architectural pillars or posts Bay window Brick chimney on exterior wall (front of house) Cast stone accents Covered front porches Cupolas or turrets Dormers Gables Garage door not facing street Metal roof accents Multiple types of masonry materials Planning and Zoning CommissionPage 138 of 272June 2, 2016 Exhibit H Recessed entries, a minimum of three (3) feet deep 812 Primary roof pitch Separate transom windows Variable roof pitch Shutters At least 20 percent of the houses constructed within each phase of the Planned Development Site Plan shall have a covered front porch. Buildings on corner lots shall be constructed with a Gift to the Street on both the front and side street elevations. 2. Building Materials: a. All residences shall be constructed primarily of masonry as set forth below. Masonry shall be defined for The Highlands at Trophy Club as brick, stone, and stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. i. For one-story homes and for the first story of two-story homes, 100% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas under covered porches one story in height, and other architectural projections. ii. For areas above the first story of two-story homes, a minimum of 80% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, areas under covered porches not extending to the first floor, and other architectural projections. iii. For all homes, the front and street sides shall have 100% of all exterior wall surfaces constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, area under covered porches not extending to the first floor, and other architectural projections. b. Roofs shall be constructed of a process and of materials that shall have a minimum installation and manufactureÓs warranty of thirty (30) years. Minimum roof pitch shall be a 6/12, except for the roofs of sheds and porches. Seamless and standing seam metal roofs are permitted provided that they are of architectural quality. No wooden shingles shall be used on roofs. 3. Garages: All residential lots shall provide a two-car (or larger) garage. The minimum dimension of two-car garages shall be 19.5Ó in width and 21.5Ó in depth. Garages shall not face a golf course. Planning and Zoning CommissionPage 139 of 272June 2, 2016 Exhibit H 4. Signage in Residential Areas: Monuments signs at the entry-ways of neighborhoods shall be allowed that conform to the monument standards approved by the Town. Ornamental hanging signs suspended from a decorative post shall be allowed in lieu of monument signs for entry-ways of neighborhoods. 5. HVAC Screening: All buildings shall be designed such that mechanical equipment (HVAC, etc.), excepting vents and stacks, is not visible from the public right-of-way or open space, or is screened by two (2) or more shrubs. The minimum height of shrubs at the time of installation/planting shall be at least three feet (3Ó) in height. 6. Lighting: Street lights shall be installed and located as required by the TownÓs Subdivision Regulations. Homeowner alley lighting shall be located on garage walls facing the alley, shall be directed in a downward direction, and shall not exceed 100 watts. Detailed typicals of street lights shall be determined at the time of Planned Development Detailed Site Plan. 7. Elevations: Single family house plans for Lot Types 1 Î 5 shall vary from lot to lot as follows: a. The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two elevations located on an adjacent lot directly to the rear. b. The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. Planning and Zoning CommissionPage 140 of 272June 2, 2016 Exhibit H VII.PARK AND OPEN SPACE REQUIREMENTS The Highlands at Trophy Club Planned Development District contains approximately 115-acres of floodplain and flowage easement. A minimum of 100-acres shall be dedicated to the Town as public open space and utilized for passive uses. In addition to the floodplain and flowage easement area, a minimum of two (2) public park sites shall be dedicated to the Town. The two (2) park sites within the Highlands of Trophy Club shall be a minimum 10-acres each, and the total park dedication shall be a minimum of 29-acres. A park site is proposed near Neighborhood 7 and adjacent to the Village Center as shown on the Concept Plan. The park location, size and configuration shall be approved by the Town with the Detailed Site Plan. Conceptual park plans are included in Exhibit C. The Developer shall construct a trail system consisting of a 8' trail pathway through the flowage easement that connects the proposed park sites. The Developer shall also provide park benches and other improvements along the trail. Sidewalks internal to the development will be used to connect the neighborhoods to the trail system. Where the trail utilizes sidewalks within the development, the sidewalk pathway shall be at least 6' wide. A Pathway Plan is included in Exhibit F. Maintenance shall be provided for all public and semi-public places including roadway medians and parkways by the Developer for 12 months. Park Dedication Area Summary Total Area Active Use Area Passive Use Area Location(Acres)(Acres)(Acres) Northwest Park Addition 13 11 2 Northeast Park 16 8 8 Open Space 100 100 Total: 129 19 110 Planning and Zoning CommissionPage 141 of 272June 2, 2016 Exhibit H VIII. DEVELOPMENT SCHEDULE Date Total Lots nd 2 Quarter 2008 Deliver 300 Lots 2009 450 2010 600 2011 800 2012 1000 2013 1200 2014 1400 2015 1489 Home construction anticipated through the end of 2016. 59 Planning and Zoning CommissionPage 142 of 272June 2, 2016 Exhibit H EXHIBIT “C” CONCEPT PLAN 696.9 Acre Concept Plan Village Center Planning and Zoning CommissionPage 143 of 272June 2, 2016 2016 2, June Exhibit H 272 of 144 Page Commission Zoning and Planning Exhibit H EXHIBIT “D” STREET TYPE EXHIBITS Trophy Club Drive Î (C4D Î Major Collector, Divided. 90Ó Right-of-Way) Minor Collector Î (C2U Î Minor Collector, 60Ó Right-of-Way) Residential Avenue Î (60Ó Right-of-Way) Local Street Î (L2U Î Local Street, 50Ó Right-of-Way) Local Two Way Court - (40Ó Right-of-Way) Local One Way Court Î (35Ó Right of Way) Planning and Zoning CommissionPage 145 of 272June 2, 2016 Exhibit H 63 Planning and Zoning CommissionPage 146 of 272June 2, 2016 Exhibit H 64 Planning and Zoning CommissionPage 147 of 272June 2, 2016 Exhibit H 65 Planning and Zoning CommissionPage 148 of 272June 2, 2016 Exhibit H 66 Planning and Zoning CommissionPage 149 of 272June 2, 2016 Exhibit H 67 Planning and Zoning CommissionPage 150 of 272June 2, 2016 Exhibit H 68 Planning and Zoning CommissionPage 151 of 272June 2, 2016 Exhibit H 69 Planning and Zoning CommissionPage 152 of 272June 2, 2016 Exhibit H EXHIBIT “E” PARK CONCEPT PLANS Northeast Park Northwest Park 70 Planning and Zoning CommissionPage 153 of 272June 2, 2016 2016 2, June Exhibit H 272 of 154 Page Commission Zoning and Planning 2016 72 2, June Exhibit H 272 of 155 Page Commission Zoning and Planning Exhibit H EXHIBIT “F” PATHWAY PLAN Planning and Zoning CommissionPage 156 of 272June 2, 2016 2016 2, June Exhibit H 272 of 157 Page Commission Zoning and Planning June 20162, Exhibit H 158 272of Page ...\\Exhibits\\SITEPLAN-2.dgn 11/14/2007 5:52:12 PM Commission Zoning and Planning Exhibit I CHAPTER2 ANIMALCONTROL ARTICLE 2.01 GENERAL PROVISIONS.................................................................................2-7 Sec. 2.01.001Definitions.............................................................................................2-7 Sec. 2.01.002Penalty;injunctiverelief......................................................................2-11 Sec. 2.01.003Enforcement........................................................................................2-11 Sec. 2.01.004Fees......................................................................................................2-12 Sec. 2.01.005Exceptions...........................................................................................2-12 Sec. 2.01.006Humane careof animals......................................................................2-13 Sec. 2.01.007Maximum number of animals.............................................................2-13 Sec. 2.01.008Prohibitedactions againstanimals......................................................2-13 Sec. 2.01.009Sanitary conditions..............................................................................2-15 Sec. 2.01.010Defecationof animals on public andprivateproperty........................2-15 Sec. 2.01.011Animals atlarge...................................................................................2-15 Sec. 2.01.012Animal noise........................................................................................2-16 Sec. 2.01.013Authoritytoimpound,killormuzzle certain animals.........................2-16 Sec. 2.01.014Dangerous dogs...................................................................................2-16 Sec. 2.01.015Keepinglivestock orwild or prohibited animal..................................2-18 Sec. 2.01.016Confinement ofanimalinvolvedinattack..........................................2-18 Sec. 2.01.017Vicious animals...................................................................................2-18 Sec. 2.01.018Rabies control;vaccination of dogs andcats.......................................2-19 Sec. 2.01.019Licensesandtags.................................................................................2-19 Sec. 2.01.020Specialrequirementsforkeepingminiaturepigs andferrets..............2-20 ARTICLE 2.02IMPOUNDMENT............................................................................................2-21 Sec. 2.02.001Generally.............................................................................................2-21 Sec. 2.02.002Releaseof unvaccinatedanimals.........................................................2-23 Sec. 2.02.003Adoption ofimpoundedanimals.........................................................2-23 ARTICLE 2.03 DANGEROUS WILDANIMALS...................................................................2-24 Division1.Generally...............................................................................................................2-24 Sec. 2.03.001Inspectionofpremises.........................................................................2-24 Sec. 2.03.002Relocationor dispositionof animal.....................................................2-24 Sec. 2.03.003Attack by animal;escapeof animal.....................................................2-24 Sec. 2.03.004Careandtreatment;transportation......................................................2-25 Sec. 2.03.005Liabilityinsurance...............................................................................2-26 Sec. 2.03.006Transfer of ownership..........................................................................2-26 Sec. 2.03.007Offenses...............................................................................................2-26 Sec. 2.03.008Civil penalty........................................................................................2-26 Division2.Certificate ofRegistration.....................................................................................2-27 Sec. 2.03.041Required..............................................................................................2-27 Sec. 2.03.042Application..........................................................................................2-27 Sec. 2.03.043Denial orrevocation............................................................................2-28 Sec. 2.03.044Effective date.......................................................................................2-29 Sec. 2.03.045Display.................................................................................................2-29 Sec. 2.03.046Exemptions..........................................................................................2-29 2-1 Planning and Zoning CommissionPage 159 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl ARTICLE 2.04 ANIMALSHELTERADVISORYBOARD...................................................2-30 Sec. 2.04.001Creation;organization.........................................................................2-30 Sec. 2.04.002Appointment;terms.............................................................................2-31 Sec. 2.04.003Staffliaison..........................................................................................2-31 Sec. 2.04.004Duties ofboard....................................................................................2-31 Sec. 2.04.005Meetings..............................................................................................2-31 Sec. 2.04.006Staffliaison duties...............................................................................2-31 \[Nextpageis 2-7.\] 2-2 Planning and Zoning CommissionPage 160 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl * ARTICLE 2.01 GENERALPROVISIONS Sec. 2.01.001Definitions Abandon.Todump,desert,orleaveanyanimalonpublicorprivatepropertywiththeintentof terminatinganyfurtherresponsibilityforsaidanimal,andshallalsomeanfailingtoproperly redeem or properlyreleaseany animalimpoundedorquarantined bythetown. Animal.Anylivingcreatureclassifiedasamemberoftheanimalkingdom,includingbutnot limitedtodogs,cats,cows, horses,birds,fish,mammals,reptiles,insects,fowl,andlivestock,but specifically excluding human beings. Animalcontrolservicesordivision.Anestablishmentthatisoperated,controlled,orcontracted withbythetownfortheconfinement,safekeeping,controland/ordestructionofanimalswhich comeintothecustody ofthetown. Animalcontrolofficer.Anyindividualemployed,contractedwith,orappointedbythetownfor thepurposeofaidingintheenforcementofthisactoranyotherlaworcoderelatingtothe licensureofanimals,controlofanimals,orseizureandimpoundmentofanimals,andincludes anystateorlocallawenforcementofficerorotheremployeewhosedutiesinwholeorinpart includeassignmentsthatinvolvetheseizure andimpoundment of any animal. Animalshelter.Afacilityoperatedbythetownorwithwhichthetownhascontractedforthe purpose ofimpounding or caringfor animals held underthe authority ofthischapter orstatelaw. Atlarge.Shallmeanwhenananimalisnotconfinedtothepremisesofitsownerbyafenceof sufficientstrengthand/orheighttopreventtheanimalfromescapingtherefrom,insidethehouse orotherenclosure,orsecuredonsuchpremisesbyaleashofsufficientstrengthtopreventthe animalfromescapingfromthepremises,andsoarrangedthattheanimalwillremainuponsuch premiseswhentheleashisstretchedtofulllengthinanydirection.Ananimalshallnotbe considered“atlarge”whenheldandcontrolledbyapersonofadequatestrengthbymeansofa leash,cord,chain,orropeofproperstrengthandlengthtocontroltheactionsoftheanimal,or whileconfinedwithinavehicle.An“invisiblefence”willsufficeassufficientrestraintsolongas theanimalisnotfoundoutsidethepremisesoftheownerandtheinvisiblefenceisregistered withtheanimal controlservices ordivision. Bite.Any abrasion,scratch, puncture,tearorpiercingofskin causedby an animal. Cat.All domesticspeciesorvarietiesof Felis catus,maleorfemale,alive ordead. Certificateofregistration.Thetownshallregisterandissueacertificateofregistrationanda licensetoanypersonlivinginthetownwhoownsorpossessesadogorcatrequiringvaccination topreventrabieswhofilesanapplicationmeetingtherequirementsofthischapter.Such certificateofregistrationisforthepurposeofowneridentificationandincaseswherethedogor catmight becomeimpounded,lostorinjured.Applicationforthecertificate ofregistration/license shallbemadebytheowner,inwritingorinperson,andbeaccompaniedbyproofthatthedogor catiscurrentlyvaccinatedagainstrabiesinaccordancewiththeTexasAdministrativeCode,title * Statelawreference– Healthandsafetyofanimals,V.T.C.A.,HealthandSafetyCode,ch.821etseq. 2-7 Planning and Zoning CommissionPage 161 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl 25,part1, chapter169(ZoonosisControl,RabiesControlandEradication).Ifthereisa changein ownership,thenewownershallhavetheidentificationtagtransferredtohisnamewithinten(10) days aftertaking possession oftheanimal. Dangerous dog.Any dogthat,accordingtotherecords oftheappropriate authority: (1)Hasbitten,attacked,orendangeredorhasinflictedsevereinjuryonahumanbeing on publicorprivate property; (2)Hasmorethanonceseverelyinjuredorkilledadomesticanimalwhileoffthe owner’s property; (3)Hasbeenusedprimarilyorinpartforthepurposeofdogfightingorisadogtrained fordogfighting;or (4)Has,when unprovoked, chased or approached a personuponthestreets,sidewalks, or anypublicgroundsin amenacingfashionorapparent attitude ofattack,providedthat such actionsare attestedtoinaswornstatementbyoneormorepersonsanddutifully investigated bythe appropriate authority. Dangerouswild animal. (1)Alion; (2)Atiger; (3)An ocelot; (4)A cougar; (5)Aleopard; (6)A cheetah; (7)Ajaguar; (8)A bobcat; (9)Alynx; (10)Aserval; (11)A caracal; (12)A hyena; (13)A bear; (14)A coyote; (15)Ajackal; 2-8 Planning and Zoning CommissionPage 162 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (16)A baboon; (17)A chimpanzee; (18)An orangutan; (19)Agorilla;or (20)Any hybrid of ananimallistedinthissection. Dog.Alldomesticatedmembers ofCanisfamiliaris,male and female,alive ordead. Euthanasia.To humanelycausethedeath of an animalby amethodwhich: (1)Rapidlyproducesunconsciousnessanddeathwithoutvisibleevidenceofpainor distress; or (2)Utilizesanesthesiaproducedbyanagentwhichcausespainlesslossofconsciousness withdeathfollowingsuchlossof consciousness. Harboringorharboringofanimal.Thekeepingandcaring,includingbutnotlimitedtofeeding and providingwater,forananimalforseventy-two(72) hoursorlonger. Impound.Toseizeandholdinthecustodyofthelocalrabiescontrolauthorityorotherauthority suchas a veterinarian. Invisiblefence.Anyfencewhichcannotbeseenwiththehumaneyebutthatisdesignedtokeep ananimalenclosedinaspacebymeansoflasertechnologyorsoundtechnology.Suchinvisible fencemust notbecapableof causing pain or discomforttoany human beingthatcrossesitspath. Lawenforcementofficer.Thoseauthorizedtoenforcetheprovisionsofthischapter,namely,the localrabiescontrol authority, any animal controlofficer, oranylaw enforcementofficer. Livestock.Anyhorses,mules,donkeys,cattle,hogs,goatsandsheepofanyandallkinds,and shallincludeboththemaleandfemalespecies ofsuchanimals. .Theanimalcontrolofficerisdesignatedasthelocalrabiescontrol Localrabiescontrolauthority authorityandhasauthoritytoappointrepresentativestoenforcetheprovisionsofthischapter, receivereportsofanimalbites,investigateanimalbites,insurequarantineofpossiblyrabid animalsandotherwisecarryoutprovisionsofstatelawpertainingtocontrolanderadicationof rabies. Neuter.Thesurgicalremovalofthemalereproductiveorgansofananimaltorenderitunableto reproduce. Owner.Apersonwhoharbors,keeps,possesses,orpermitstobeharbored,kept,orpossessedan animalinhiscare,on or abouthis premises,withoutregardtotitle,purchase,oracceptanceofthe animal asagift. Person.Anyindividual,firm, association, partnership, or corporationorany otherlegal entity. 2-9 Planning and Zoning CommissionPage 163 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Policedog.Anydogusedbyalawenforcementagencyoritsofficersintheadministrationof officialduties. Pot-belliedpig.Avarietyofswinethatisnomorethaneighteeninches(18")inheightat shoulderlevelwhenfullgrown,\[having\]shorterectears,andastraighttail.Swineshallnotbe consideredapot-belliedpigifitsweightexceedssixty(60)pounds,orunlessregisteredwitha licensed breeder. Prohibitedanimal.Ananimalnotnormallyconsidereddomesticated,including,butnotlimited to,avenomouslizard,poisonoussnake,boa,python,raccoon,skunk,fox,bear,elephant, kangaroo,monkey,chimpanzee,antelope,deer,anyprotected,threatened,orendangeredspecies asdefinedbythestateparksandwildlifecommissionandtheU.S.FishandWildlifeService,or anyotherwildanimalcapableof,orinflicted\[inclined\]todo,seriousbodilyharmtohumansor other animals orfowl. Properenclosureofadangerousdog.Shallmean,whileontheowner’sproperty,adangerous dogissecurelyconfinedindoorsorinasecurelyenclosedandlockedpenorstructure,suitableto preventtheentryofyoungchildren(nine(9)yearsof ageoryounger) anddesignedtopreventthe animalfromescaping.Suchpenorstructureshallhavesecuresidesand,whereappropriate,a securetoptopreventthedogfromescapingover,under,orthroughthestructureandshallalso provideprotectionfromthe elements. Quarantine.Strictconfinementunderrestraintbyclosedcageorpadlockorinanyothermanner approvedinthischapterorstatelawontheprivatepremisesoftheowneroratafacilityapproved bythestate boardof healthoritsdesignee, orthelocalrabiescontrol authority. Severeinjury.Anyphysicalinjurywhichresultsinbrokenbones,multiplebites,ordisfiguring lacerationsrequiringsutures orreconstructivesurgery. Spay.Thesurgicalremovalofthefemalereproductiveorgansofananimaltorenderitunableto reproduce. Unprovoked.Anactionbyananimalthatisnotinresponsetobeingtormented,abused,teasedor assaultedbyanyperson;inresponsetopainorinjury;orinprotectionforitselforitsfood, kennel,immediateterritory, or nursing offspring. .ProperlyinjectedwitharabiesvaccinelicensedforuseinthatspeciesbytheUnited Vaccinated StatesDepartmentofAgricultureandadministeredbyaveterinarianlicensedtopracticeinthe statein anamountsufficienttoprovideimmunity and satisfiesthefollowing criteria: (1)The animalmust have been atleastfour(4)months ofage atthetime ofvaccination; (2)Atleastthirty(30)days have elapsedsincetheinitial vaccination;and (3)Notmorethantwelve(12)months have elapsedsincethemostrecentvaccination, or, if athree(3)yearvaccination,thennotmorethanthirty-six(36)monthshaveelapsed sincethemostrecentvaccination. Veterinarian.Onelicensedbystateboardofveterinarymedicalexaminers,qualifiedand authorizedtotreatdiseasesandinjuries of animals. 2-10 Planning and Zoning CommissionPage 164 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Viciousanimal.Anyindividualanimalthathasontwopreviousoccasions,withoutprovocation, attackedorbittenanypersonorotheranimal,oranyindividualanimalwhichthelocalrabies controlauthorityorhisrepresentativehasreasontobelievehasadangerousdispositionlikelyto be harmfultohumans orotheranimals. Wildanimal.Includesallspeciesofanimalsthatcommonlyexistinanaturalunconfinedstate, usuallynotdomesticated,andanyspeciesofanimalillegaltoownunderfederal,stateorlocal law.Thisshallapplyregardlessofstateordurationofcaptivity.Thetermshallincludebutisnot limitedtofoxes,panthers,wolves,alligators,crocodiles,apes,elephants,rhinoceroses,andall forms of poisonousor constrictingreptiles, andotherlike animals. (Ordinance1999-32,sec.1,adopted12/21/99;Ordinance2002-18,sec.2,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.01;Ordinances adoptingCode) Sec. 2.01.002Penalty;injunctiverelief (a)Exceptasspecifically provided otherwise, any personviolating any ofthe provisions ofthis chaptershallbedeemedguiltyofaclassCmisdemeanoruponconvictionandshallbefined, exceptasotherwiseprovidedherein,inasumnottoexceedtwothousanddollars($2,000.00)for eachoffense,andaseparateoffenseshallbedeemedcommitteduponeachdayduringoron which a violation occursorcontinues. (b)Ifthegoverningbodyofthetowndeterminesthataviolationofthischaptercreatesathreat tothepublicsafety,thetownmaybringsuitinthedistrictcourtofthecountyinwhichtheperson whocommittedtheoffenseresidesorhasanofficetoenjointheperson,firm,partnership, corporation,orassociationfromengagingintheprohibitedactivity.Thetownisnotrequiredto give bond as a conditiontotheissuance ofinjunctiverelief. (Ordinance2002-18,sec.36,adopted5/6/02;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.37) Sec. 2.01.003Enforcement (a)Generally.Enforcementofthischaptershallbetheresponsibilityofthetown,including withoutlimitation,thelocalrabiescontrol authority and hisdesignee. (b)Authoritytoissuecitations.Thelocalrabiescontrolauthorityshallhavetheauthorityto issuecitationsforanyviolationofthis chapter. (c)Mailingofcitations.Ifthe personcitedisnotpresent,thelocalrabiescontrol authoritymay sendthecitationtothealleged offender byregisteredor certifiedmail. (d)Interference.Itshallbeunlawfulforanypersontointerferewiththelocalrabiescontrol authorityinthe performance ofhisduties. (e)Authoritytodestroyanimals.Thelocalrabiescontrolauthorityshallhavetheauthorityto humanely euthanize and/ordestroy any animalinaccordancewiththe provisionsofthischapter. 2-11 Planning and Zoning CommissionPage 165 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (f)Authoritytousetranquilizergun.Thelocalrabiescontrolauthorityshallhavetheauthority to use atranquilizerguninthelawfuldischarge of his/her duties. (g)Exemption of police dogs.Police dogsare exemptfromthe provisionsofthischapter. (h)Right ofentry;searchwarrants. (1)Lawenforcementofficersareherebyauthorizedtoenteruponanyfencedor unfencedlot,tractorparceloflandforthepurposeofcapturing,impoundingand/or quarantininganyanimaluponhavingprobablecausetobelievetheanimaltohave bitten,injuredorotherwiseattackedahumanbeingorotheranimalortohave,or havebeenexposedto,rabiesoranothercommunicablediseaseposingadangertothe publichealth,safetyorwelfare,orotherwiseposeaclearandpresentdangerto humanbeingsorotheranimals.Thisauthorizationisgrantedduetotheemergency createdbythepotentialrabieshazardordangerofinjurytopersonsorotheranimals, andinrecognitionofthelikelihoodthatsuchanimalwillotherwiseescapecapture. Asamatterofpolicy,lawenforcementofficersshallnotenteruponprivateproperty tocaptureand/orimpound anyanimalknowntobelongtotheownerofsuchproperty withoutprobablecausetobelievetheanimalposesathreatordangertoproperty, human beings orother animals. (2)Furthermore,shouldthetownlawenforcementofficershaveprobablecauseto believeananimalhasbeen,orisbeing,cruellytreatedorhasrabiesoranother communicabledisease,thetownenforcementagencymay,pursuanttoV.T.C.A., HealthandSafetyCodesection821.022,obtainasearchwarrantandimpoundsuch animal, evenifitis enclosed on privateproperty. (Ordinance1999-32,sec.2,adopted12/21/99;Ordinance2002-18,sec.3,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.02;OrdinanceadoptingCode) Sec. 2.01.004Fees Allfeesforlicensing,dailyhandling,impoundment,disposal,quarantine,lostordestroyedtags, and/ortransfertotheanimalshelterarestatedonthescheduleoffees,toberevisedfromtimeto timebythelocalrabiescontrolauthorityandapprovedbythetowncouncil.Thescheduleoffees islocatedinappendixAofthetown’sCodeofOrdinances.Acopyofthescheduleoffeescanbe obtainedfromthelocalrabiescontrolauthorityorthetownsecretary.(Ordinance 1999-32,sec.7, adopted12/21/99;Ordinance2002-18,sec.8,adopted5/6/02;Ordinance2006-24,sec.II, adopted7/24/06;Ordinance 2006-43,sec.II, adopted11/6/06;2006Code, ch.2,sec. 1.13) Sec. 2.01.005Exceptions (a)Theprovisionsofsection2.01.011ofthischapter(relatingtoanimalsatlarge)shallnot applytocats ortodogs underthe age offour(4)months. (b)Withthe exceptionofsanitationrequirements,noiseprohibitionandprohibitiononkeeping viciousanimals,theprovisionsofthischaptershallnotapplytodogsorcatsofnonresidentsof 2-12 Planning and Zoning CommissionPage 166 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl thetownwhoaretemporarilyvisitinginthetown,whichdogsorcats,whileout-of-doors,are keptsecurely undercontrolby a leash,rope ortrap,orconfinedinavehicle. (Ordinance1999-32,sec.19,adopted12/21/99;Ordinance2002-18,sec.20,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.22) Sec. 2.01.006Humane careof animals Animalsshallbeprovidedhumanecareandtreatedandtransportedinahumanemannerandnot inviolationofV.T.C.A.,PenalCodesection42.09andV.T.C.A.,HealthandSafetyCodetitle10 oranyotherprovisionoflaw,includingfederal,stateandlocallaws,ordinancesandrules. (Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.03) Statelawreferences– Crueltytolivestockanimals,V.T.C.A.,PenalCode,sec.42.09;crueltyto nonlivestockanimals,V.T.C.A.,PenalCode,sec.42.092. Sec. 2.01.007Maximum numberof animals (a)Declarationofnuisance.Thekeepingofmorethanthemaximumnumberofanimals permitted bythissectionshallbe considered apublicnuisance. (b)Maximumnumber.Itshall beunlawfultokeeporharbormorethanfour(4)animalsofany onespeciessix(6)monthsofageorolderormorethanatotalofsix(6)animalsonanypremises usedorzonedforresidential purposes andlessthantwo acresinarea. (c)Exemptions.Theprovisionsofsubsection(b)shallnotapplyto:(i)licensedresidential breeders,(ii)licensedresidentialfosterowners,or(iii)aperson(s)whokeepsorharborsmore thanfour(4)dogsandfour(4) catssix(6)monthsofageorolderinviolation ofsubsection(b),if thepersonhasobtainedtowncertificatesofregistrationforeachanimalonorbeforeJuly31, 2006andcontinuouslymaintainscurrenttowncertificatesofregistration.Failuretomaintaina currentlicenseforresidentialbreeders,acurrentlicenseforresidentialfosterownersorcurrent registrationofeachsuchanimalasrequiredinthissectionshallresultinaforfeitureofthis exemption. (Ordinance2002-18,sec.4,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.04) Sec. 2.01.008Prohibitedactions against animals A person commits anoffenseif: (1)Apersonfailstoprovideananimalunderhis controland/orownershipwithadequate wholesomefoodandwater,propershelterandprotectionfrominclementweather, andveterinary carewhenneededtopreventsuffering; (2)Apersonhavingchargeorcustodyofananimalplacesorconfinessuchanimal,or allowssuchanimaltobeplacedorconfined,inamotorvehicle,trailerorother enclosureundersuchconditions,orforsuchaperiodoftime,astoendangerthe 2-13 Planning and Zoning CommissionPage 167 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl healthofthe animaldueto heat,lackoffoodorwater, orsuchothercircumstancesas may causeinjury or deathtotheanimal; (3)ApersontreatsananimalinaninhumaneorcruelmannerasdefinedbyV.T.C.A., PenalCodesection42.09 andV.T.C.A.,Healthand SafetyCodech. 821; (4)Apersonknowinglyowns,harbors,trains,sells oroffersforsaleanyanimalwhichis tobeusedforthepurposeoffighting,ortobetrained,tormented,badgeredorbaited forthepurposeofcausingorencouragingtheanimaltoattackhumanbeingsor animalswhennotprovoked, exceptthatthissectionshallnotapplytoguard dogs; (5)Apersonmutilatesanyanimal,whethersuchanimalisdeadoralive.Thissubsection doesnotapplytomedicalorveterinarymedicalresearch,medicalorveterinary medical autopsies,or biology classuseof animalsforeducational purposes; (6)A person causesan animaltofight another animal orperson; (7)Apersonotherthanalicensedveterinariandocksananimal’stail,orcropsan animal’sears, orcastratesan animal;provided,however,thatthissubsectionshall not applytonormallivestockoperationsoccurringwithinthetown; (8)A person dyes orcolorschicks, ducks,rabbits,reptilesor birds; (9)A persontransporting an animalfailsto effectivelyrestrainan animalso astoprevent theanimalfromleavingorbeingaccidentallythrownfromavehicleduringnormal operationofthevehicle,orfailstoeffectivelyrestrainananimalsoastoprevent inflictionofbodilyharmtopassersby;provided,however,thattheprovisionsofthis subsectionshallnotprohibitapersonfromtransportinganeffectivelyconfinedor tethered dogintheopenbed of apickuptruck; (10)Apersonisin controlofamotorvehiclewhichstrikesadomestic animalorlivestock withinthecorporatelimitsofthetownandfailstoreporttheaccidenttoalaw enforcementofficer assoon as practical; (11)Apersonabandonsanyanimal,includingtheabandonmentofanimpoundedanimal attheanimalshelter,withtheintenttoreadopttheanimaltoavoidimpoundment fees;or (12)Apersonplacesanysubstanceorarticlewhichhasinanymannerbeentreatedwith anypoisonoussubstanceinanyplaceaccessibletohumanbeings,birds,dogs,catsor otheranimalswiththeintenttokillorharmanimalsorwithrecklessdisregardforthe harmorinjurythatcouldreasonablyoccur.Thisshallincludeanti-freeze intentionallyorrecklesslyleftexposedtopoisonanimals.Thissection,however, 2-14 Planning and Zoning CommissionPage 168 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl doesnotprecludetheuseofcommerciallysoldrodentpoisonswhenappliedin accordancewiththemanufacturer’sdirectionsforsuch use. (Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.05) Statelawreferences– Crueltytolivestockanimals,V.T.C.A.,PenalCode,sec.42.09;crueltyto nonlivestockanimals,V.T.C.A.,PenalCode,sec.42.092;healthandsafetyofanimals,V.T.C.A.,Health andSafetyCode,ch.821etseq. Sec. 2.01.009Sanitary conditions Allpersonskeepinganimalswithinthetownshallkeepthepremisesuponwhichsuchanimalis keptcleanandfreefromnoxiousandunpleasantodorsandshallusesomestandardsprayat reasonableintervalssoastokeepsuchpremisesfreefromflies,mosquitoes,fleasandother insects.(Ordinance1999-32,sec.17,adopted12/21/99;Ordinance2002-18,sec.18,adopted 5/6/02;Ordinance 2006-43,sec.II, adopted11/6/06;2006Code,ch. 2,sec.1.06) Sec. 2.01.010Defecationofanimals onpublicand private property Itshallbeunlawfulandanoffenseforanypersontofailtopromptlyremoveanddisposeof,ina sanitarymanner,fecesleftbyadog,cat,orotheranimalbeingowned,handled,orcontrolledby that person: (1)Uponapublicarea,includingbutnotlimitedtowalks,parks,recreationareas, sidewalks,parkways,publicstreets,alleys,schoolgrounds,anycommonareasofan apartment house, or any common area of an office building; or (2)Uponprivatepropertyotherthanthepremisesoftheowner,handlerorcontrollerof suchanimal. (Ordinance1999-32,sec.16,adopted12/21/99;Ordinance2002-18,sec.17,adopted5/6/02; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.07) Sec. 2.01.011Animalsatlarge (a)Itshallbeunlawfulforanyownertoallowadogoranyotheranimalpossessed,keptor harbored by him, otherthan a cat,to be atlarge,as definedinsection 2.01.001ofthischapter. (b)Uponthecomplainttoalocalrabiescontrolauthoritythatacathascausedanuisanceor hazardtothe health orwelfare ofthe human or animal population,such catmaybe determined by alocalrabies control authoritytobe atlarge asdefinedinsubsection(a)ofthissection. (c)Thelocalrabies controlauthorityisauthorizedtoimpoundsuch animals atlarge. (Ordinance2002-18,sec.4,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.08) Statelawreference– Restraint,impoundmentanddispositionofdogsandcats,V.T.C.A.,Healthand SafetyCode,sec.826.033. 2-15 Planning and Zoning CommissionPage 169 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Sec. 2.01.012Animal noise (a)Nopersonshallknowinglykeeporharboranyanimalthatcausesloudandunusualor frequentbarking,howling,orothernoisethatdisturbsthepeaceandquietofanypersonof ordinarysensibilities. (b)Itshallserveasprimafacieevidenceofaviolationofsubsection(a)ofthissectionifan ownerallowsanunprovokedanimaltocausenoisedescribedinsubsection(a)ofthissectionin excess offifteen(15)minutes. (Ordinance1999-32,sec.18,adopted12/21/99;Ordinance2002-18,sec.19,adopted5/6/02; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.09) Sec. 2.01.013Authoritytoimpound,kill ormuzzle certain animals (a)Thelocalrabiescontrolauthorityshallhavetheauthoritytoimpoundananimalwhichis diseased andcould endangerthe health and welfare ofanotheranimal or person. (b)Thelocalrabiescontrolauthorityoranylawenforcementofficershallhavetheauthorityto killananimalif,inthesoleopinionoftheofficer,suchanimalposesanimminentdangertoa person orproperty, and arealor apparentnecessity existsforthe destructionofthe animal. (c)Thelocalrabiescontrolauthorityshallhavetheauthoritytomuzzleorordertheowner, handler,orcontrollerofananimaltomuzzleananimalwhich,inthesoleopinionofthelocal rabiescontrol authority, poses athreattothesafety orwelfareof any person. (d)Thelocalrabiescontrolauthorityshallhavetheauthoritytoimpoundanyprohibited animal,wild animal orlivestock possessedinviolation ofthischapter. (Ordinance1999-32,sec.5,adopted12/21/99;Ordinance2002-18,sec.6,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.11) Sec. 2.01.014Dangerousdogs (a)Adoption ofstatelaw.Theprovisions ofsubchapterD, chapter 822 oftheTexasHealth and SafetyCode, asamended,are adopted by and incorporatedintothischapter. (b)Declaration ofdangerousdog. (1)Ifthelocalrabiescontrolauthorityhascausetobelievethatadogisadangerousdog as defined bythis chapter,hemayfind and declaresuch dog a dangerous dog. (2)Withinthree(3)daysofdeclaringadogdangerous,thelocalrabiescontrolauthority willnotifythepersonowningthedogofitsdesignationasadangerousdogand providehimwithacopyofthischapter.Thenotificationtotheownerwillbe providedinpersonorthroughcertifiedmail.Thelocalrabiescontrolauthorityshall alsonotifythetownmanager,firedepartment,andpolicedepartmentofthe designationofanydogasadangerousdog.The notificationwilldescribethedog and specifyanyparticularrequirementsorconditionsplaceduponthepersonowningthe dog. 2-16 Planning and Zoning CommissionPage 170 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (3)Thenoticeshallinformtheownerofthedogthathemayrequest,inwriting,an appealofthedangerousdogdeterminationwithinten(10)daysfromthereceiptof thecertifiedmailordateofthepersonalnotificationofthedangerousdog declaration,to contestthefinding and designation. (c)Requirementsfor owner. (1)Iftheownerofadogthathasbeendetermineddangerousbythelocalrabiescontrol authorityelectsnottoappealthatdecisionpursuanttosubsection(b)(3)ofthis section,then,withinthirty(30)daysoftheexpirationoftheten(10)daytimeperiod forappeal,theownershallcomplywiththerequirementslistedinthissection.Ifthe ownerofadogthathasbeendetermineddangerousappealsthatdecisiontothe municipalcourt,thensuchownershallcomplywiththerequirementsofthissection withinthirty(30)daysaftersuchdeterminationbythemunicipalcourt.The requirements ofthissectionthatmust be met are asfollows: (A)Registerthedangerousdogwiththelocalrabiescontrolauthorityforthearea inwhichthe dogiskept; (B)Restrainthedangerousdogatalltimesonaleashintheimmediatecontrolofa person orinasecure enclosure; and (C)Obtainliabilityinsurancecoverageorshowfinancialresponsibilityinthe amountspecifiedbystatelawtocoverdamagesresultingfromanattackbythe dangerousdog causing bodilyinjurytoa person. (2)Forpurposesofthissection,apersonlearnsthatthepersonistheownerofa dangerousdogwhen: (A)Theownerknowsofanattackasdescribedinsection2.01.001ofthischapter; and (B)Theownerisinformedbytheanimalcontrolofficerthatthedogisadangerous dog; or (C)Adeterminationismadebythemunicipalcourtthattheanimalisadangerous dog. (d)Appealfrom dangerous dog determination. (1)Appealsfromthelocalrabiescontrolauthority’sdeterminationthatadogis dangerouswillbeheardbythemunicipalcourt.Uponnoticeofappealasprescribed inthissection,themunicipalcourtwillhearthecaseatthenexttrialsettingafterthe requestfor appeal. (2)Theappealisacivilproceedingforthepurposeofaffirmingorreversingtheanimal controlofficer’sdeterminationofdangerousness.Ifthedoghasbeenimpounded,the 2-17 Planning and Zoning CommissionPage 171 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl municipalcourtjudgemaywaiveanyandallfeesassociatedwiththeimpoundment andreleasethedogtoitsowneruponreversalofthelocalrabiescontrolauthority’s determination. (Ordinance1999-32,sec.6,adopted12/21/99;Ordinance2002-18,sec.7,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.12) Statelawreference– Authorityofcitytoregulatethekeepingofdangerousdogs,V.T.C.A.,Healthand SafetyCode,sec.822.041etseq. Sec. 2.01.015Keepinglivestock orwildor prohibited animal (a)Itshallbeunlawfultokeeporharboranylivestockorwildorprohibitedanimalwithinthe town, except atcommercial establishmentsdealinginthesaleor handling ofsuchanimals, having properzoningforsuchcommercialenterprisesandhavingproperfacilitiesforthecareand restraint ofsuchanimals. (b)Thelocalrabiescontrolauthoritymayestablishconditionsunderwhichitwouldbe permissibletokeeporharborlivestockorwildorprohibitedanimalsinthetownonatemporary basis. (Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.16) Sec. 2.01.016Confinementof animalinvolvedinattack Whenananimalhasbitten,scratched,orotherwiseattackedapersonoranimal,anyonehaving knowledgeofsuchincidentshallimmediatelynotifythelocalrabiescontrolauthority.Such animalshallthenbeconfinedinaveterinaryhospitalorapprovedanimalshelterdesignatedby thelocalrabiescontrolauthorityforaperiodoften(10)days.Thecostofsuchconfinementshall bepaidbytheowneroftheanimal.Suchanimalshall,duringsuchperiodofconfinement,be subjecttoinspectionbythelocalrabiescontrolauthority,othertownpersonneloralicensed veterinarian.If,aftertheten(10)dayperiod,theownerfailstopickuptheanimal,thelocal rabiescontrolauthoritymayfollowtheprocedureforadoptionordisposalofanimpounded animal.(Ordinance1999-32,sec.10,adopted12/21/99;Ordinance2002-18,sec.12,adopted 5/6/02;Ordinance 2006-24,sec.II, adopted 7/24/06;Ordinance 2006-43,sec.II, adopted 11/6/06; 2006Code,ch. 2,sec.1.17) Sec. 2.01.017Vicious animals Aviciousanimal,asdefinedinsection2.01.001ofthischapter,shallnotbeallowedinthetown limits.Anyviciousanimalfoundinthetownshallberemovedimmediatelybyorderofthe municipalcourt.Iftheowneroftheviciousanimalfailstoremovesuchanimal,thelocalrabies controlauthoritymayhavesuchanimalimpoundedand/ordestroyed.(Ordinance1999-32,sec. 14,adopted12/21/99;Ordinance2002-18,sec.15,adopted5/6/02;Ordinance2006-24,sec.II, adopted7/24/06;Ordinance 2006-43,sec.II, adopted11/6/06;2006Code, ch.2,sec. 1.18) 2-18 Planning and Zoning CommissionPage 172 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Sec. 2.01.018Rabiescontrol; vaccinationof dogs and cats (a)ThetownherebyadoptstheRabiesControlActof1981(V.T.C.A.,HealthandSafety Code,section826.001etseq.),andTexasAdministrativeCode,title25,part1,chapter169et seq.,andthestandardsestablishedbythestateboardofhealthasminimumstandardsforrabies controlandquarantineprovisionswithinthetown.Inadditionthereto,alloftherabiescontrol provisionsofthischapter,whichareadoptedpursuanttoV.T.C.A.,HealthandSafetyCode sections 826.015 and 826.033,shallhave applicationwithinthetown. (b)Theownerorcustodianofeachdogorcatshallhavetheanimalvaccinatedagainstrabies byfour(4)monthsofage.Theanimalmustreceiveaboosterwithinthetwelve(12)month intervalfollowingtheinitialvaccination.Everydogorcatmustberevaccinatedagainstrabiesat aminimumofatleastonceeverythree(3)yearswitharabiesvaccinelicensedbytheUnited StatesDepartmentofAgriculture.Thevaccinemustbeadministeredaccordingtolabel recommendationsand by alegallylicensedveterinarian. (Ordinance1999-32,sec.13,adopted12/21/99;Ordinance2002-18,sec.14,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.19) Statelawreferences– Rabiesvaccinations,V.T.C.A.,HealthandSafetyCode,sec.826.021etseq.;rabies reportsandquarantine,V.T.C.A.,HealthandSafetyCode,sec.826.041etseq. Sec. 2.01.019Licenses andtags (a)Owneridentificationandrabiesvaccinationtagrequired.Apersonwithinthetownwhois theownerorharborerofadogoracatthatisthree(3)monthsofageoroldershallplaceand maintaina collar onthe animalwhich collarshall have: (1)Acurrentidentificationtaglistingtheownerorharborer’sname,currentaddressand currenttelephonenumber;and (2)Atagevidencingcompliancewiththerequirementsofstatelawregulatingrabies vaccinationundertheRabiesControlAct,asamended,andchapter2ofthisCodeof Ordinances. .Apersoncommitsanoffenseifhe (b)Possessionofunlicenseddogorcatprohibited possesseswithinthetownananimalwhichhasnotbeenlicensedaccordingtosubsection(a)of thissection.Theownerofananimalshall,uponrequest,showtothelawenforcementofficer enforcingthischapterthereceiptfortheanimal’stownregistration.Thefailureorrefusalofan ownertoproducetothelaw enforcement officerthereceiptforthe animal’stownregistrationora currentlicensetagshallconstituteprimafacieproofthatsuchanimalhasnotbeenlicensed accordingtotherequirement containedinsubsection(a) ofthissection. (c)Issuanceoftag;wearingoftags.Uponpresentationofthevaccinationcertificateand paymentofthelicensingfee,thetownmanagerorthemanager’sdulyauthorizedrepresentative shallissuetotheowneralicensetag.Thelicensetagandvaccinationtagshallbeaffixedtoa collar,whichshallbeattachedtothe animal’s neck and worn bysuchanimalatalltimes. 2-19 Planning and Zoning CommissionPage 173 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (d)Lostordestroyedtags.Intheeventalicensetagislostordestroyed,anewtagshallbe issuedbythetownmanagerorthemanager’sdulyauthorizedrepresentativeuponpresentationof areceiptshowingthepaymentoftheinitiallicensefeeanduponthepaymentofareplacement fee,theamountofwhichistobeasdesignatedonthefeescheduleinappendixAofthiscode. Thereplacementlicensetagshallbevalidonlyfortheperiodoftimethatremainedonthe originallicensereceipt. (e)Failuretoobtainlicensetag.Apersoncommitsanoffense,withoutregardtohismental state,ifhe ownsan animalwithout acurrentlicensingtagfortheanimal. (f)Defenses.Itisa defensetoprosecutionthat: (1)The animalwasyoungerthanthree(3)months ofage;or (2)The owner oftheanimal hasresidedinthetownlessthanthirty(30)days. (g)Transferofregistrationorlicensing.Townregistrationorlicensingofananimalisnot transferabletoanotheranimal. (Ordinance1999-32,sec.14,adopted12/21/99;Ordinance2002-18,sec.15,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.20;Ordinance2013-42,sec. 2.01,adopted 11/18/13) Statelawreference– Registrationofdogsandcats,V.T.C.A.,HealthandSafetyCode,sec.826.031etseq. Sec. 2.01.020Specialrequirementsforkeepingminiature pigs andferrets (a)Pot-bellied orminiaturepigs. (1)Itshallbeunlawfulforanypersontokeep,harbororraisemorethantwo(2)adult pot-belliedpigsin any one(1)residencewithinthetown. (2)Itshallbeunlawfulforanypersontokeepapot-belliedpigoutdoorsotherthanthose timesnecessaryfortheeliminationofwasteorforexercise.Pot-belliedpigsare subjecttoallapplicablesectionsofthischapter,includingtheprohibitionsagainst animalsatlarge. (3)Itshallbeunlawfulforanypersontokeep,harbor,orraiseapot-belliedpigwhich has not beenaltered(spayed or neutered), anditstusksremovedfromits body. (4)Itshallbeunlawfulforanypersontokeepapot-belliedpigatanylocationwithinthe townunlesssuchpersonhasfirstfiledwiththelocalrabiescontrolauthoritya registrationapplicationtokeepsuchananimalandsuchapplicationhasbeen approved.Theinformationrequiredintheapplicationshallbedeterminedbythe animalcontrolservicesordivision.Theapplicationshallbeaccompaniedbythe necessaryveterinarydocumentsandlicensingfeeasrequiredonthescheduleoffees forpot-belliedpigs. 2-20 Planning and Zoning CommissionPage 174 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (b)Ferrets. (1)Itshallbeunlawfulforanypersontokeep,harbor,orraisemorethanfour(4)adult ferretsin any one(1)residencewithinthetown. (2)Itshallbeunlawfulforanypersontokeep,harbor,orraiseaferretwhichhasnot receivedannualferretrabiesanddistempervaccinationsandthatisnotspayedor neutered. (3)Cagesusedforkeepingofferretsshallbemadetopreventtheanimalfromescaping and beinglarge enoughtoensure compliancewiththischapter. (4)Itshallbeunlawfulforanypersontokeep,harbor,orraiseanyferretwhichisnot registeredandlicensedwiththeanimalcontrolservicesordivision.Thelicensingfee forferretsissetoutinthescheduleoffees. (Ordinance1999-32,sec.15,adopted12/21/99;Ordinance2002-18,sec.16,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.21;OrdinanceadoptingCode) * ARTICLE 2.02 IMPOUNDMENT Sec. 2.02.001Generally (a)Impoundmentofanimalsatlarge.Thelocalrabiescontrolauthorityshalltakeintocustody anyanimalfoundatlargeinthetownandshallimpoundtheanimalintothecustodyofthepolice department,thepolicedepartment’sdesignatedplaceofanimaldetention,ortheanimalshelter, as defined bysection 2.01.001 ofthis chapter. (b)Holdingperiod.Suchimpoundedanimalshallbeheldforaperiodofnotmorethanthree (3)daysifnotclaimed orsurrenderedbeforethethree(3)day period. (c)Dispositionofunclaimedanimals.Attheendofsuchperiod,iftheanimalhasnotbeen claimedandthefeesassociatedwiththeimpoundmenthavenotbeenpaidtothetown,theanimal isdeemedthepropertyofthetownandmaybeplacedupforadoptionbythetownoreuthanized as determined bythelocalrabies controlauthority. (d)Notificationofowner.Priortoadoptionoreuthanasia,reasonableattemptsinaccordance withthewrittentownanimalcontrolpolicyshallbemadetocontacttheowneroftheregistered animals.Unregisteredanimalswillautomaticallybecomethepropertyofthetownafterthethree (3)dayimpound period. (e)Protective custodyimpounds. (1)Ifananimalisimpoundedastheresultofafire,medicalemergency,hospitalization, custodyarrest,orothernaturalorman-madesituationthatleavestheowner,harborer orpersonotherwiseinpossessionoftheanimaltemporarilyincapableofmaintaining * Statelawreference– Restraint,impoundmentanddispositionofdogsandcats,V.T.C.A.,Healthand SafetyCode,sec.826.033. 2-21 Planning and Zoning CommissionPage 175 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl controlof,orcaringfor,theanimal,ananimalcontrolofficermayimpoundthe animal andhouseitattheanimalshelter. (2)Theowner,harborerorthepersonthatwasinpossessionoftheanimalwillbe notifiedofthelocationoftheanimal,theconditionsunderwhichtheanimalmaybe released,andthattheanimalwillbeheldforaperiodofseven(7)days.Iftheowner, orhisdesignee,hasnotclaimedtheanimalwithinseven(7)days,theanimal becomesthepropertyofthetowntobedisposedofbytheanimalcontrolcenter through adoption,transferto an animalrights organization,or euthanasia. (3)Owners,ortheirdesignees,shallfulfillalltherequirementsforredemptionas prescribed bythischapter. (f)Surrender ofanimals. (1)Theownerofadomesticanimalmayseekpermissionfromthelocalrabiescontrol authoritytosurrenderthedomesticanimaltotheanimalshelter.Thelocalrabies controlauthorityshallhavethediscretiontoacceptorrejectthesurrenderofthe domesticanimalbaseduponavailablespaceandresourcesattheanimalshelterand baseduponcompliancewith allrequirementsofthissection. (2)Anownerrequestingtosurrenderadomesticanimaltothelocalrabiescontrol authorityshallcompleteasurrenderformandsubmitasurrenderfeeasrequiredby thefeescheduleinappendixAofthiscode,and,whenapplicable,shallalsopayall costs oftransportation,shelterandimpoundmentforthat domesticanimal. (3)Iftheownersurrenderingthedomesticanimalcanprovidedocumentationthatthe surrenderedanimalhasacurrentrabiesvaccinationandhasbeenspayedorneutered, thesurrenderfeeshallbeone-half(1/2)ofthesurrenderfeefoundinthescheduleof feesofthetown. (4)Uponcompletionofallrequiredforms,paymentofallapplicablefees,includingall feesresultingfromtheimpoundment,transportation,andshelterofadomestic animal,whenapplicable,andacceptanceofthedomesticanimalbythelocalrabies controlauthority,theanimalshallbeimpoundedandshallimmediatelybecomethe solepropertyofthetown.Theimpoundedanimalmaybeplacedupforadoptionor euthanizedas determinedbythelocalrabiescontrol authority. (5)Thelocalrabiescontrolauthorityisundernoobligationtonotifytheformerownerof asurrendered domestic animalifitis determinedthatthe animalmust be euthanized. (6)Asusedinthissection,theterm“domesticanimal”shallmeananyofthevarious animalsthathavebeentamedandmadefitforahumanenvironmentandthatare permittedtobemaintainedwithinthetownbyordinance,regulationorpolicy,such as dogs, catsandferrets. 2-22 Planning and Zoning CommissionPage 176 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (7)Forthepurposesofthissection,anownershallincludeapersonwhoisharboringan animal. (Ordinance1999-32,sec.4,adopted12/21/99;Ordinance2002-18,sec.5,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.10;Ordinance2008-43,sec. 2,adopted 12/15/08;OrdinanceadoptingCode) Sec. 2.02.002Releaseof unvaccinatedanimals Beforereleasinganyimpoundedanimal,anownershallprovideproofofcurrentrabies vaccinationsfortheimpoundedanimal.Currentisdefinedashavingbeenvaccinatedforrabies withinthelastyeariftheanimalwasgivenatwelve(12)monthvaccineorthree(3)yearsif giventhethirty-six(36)monthvaccine.Iftheownercannotprovideproofofcurrentvaccination, theownershallbegivenawrittenwarningnoticethattheanimalistobevaccinatedwithinfive (5)daysorfaceprosecutionforpossessinganunvaccinatedanimal.Allfeesassociatedwiththe impoundment oftheanimalmust be paid bythe owneratthetime ofrelease oftheanimal.Itis an offense underthissectionforthe owner ofthe animaltofailtoprovidethe proofofvaccinationto theanimalcontrolservicesordivisionwithinfive(5)daysfromthedateofrelease.(Ordinance 1999-32,sec.8,adopted12/21/99;Ordinance2002-18,sec.9,adopted5/6/02;Ordinance2006- 24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006Code,ch.2,sec. 1.14;OrdinanceadoptingCode) Sec. 2.02.003Adoptionofimpoundedanimals (a)A personwho desirestoadopt ananimalfromthetownshall: (1)Register andlicensethe animalwiththetown; (2)Havetheanimalvaccinatedforrabieswithinfive(5)daysafteradoption.Ifthe animalisnotofproperageforvaccination,thentheanimalmustbevaccinated withinfourteen(14) daysofreachingtheproper age; (3)Havetheanimalspayedorneuteredwithinfourteen(14)daysafteradoption, providedtheanimalisofproper ageforsuch procedure.Ifthe animalisnotofproper agefortheprocedure,thentheanimalmustbespayedorneuteredwithinfourteen (14)days ofreachingthe properage; and (4)Signapromiseinwritingthattheanimalwillbevaccinatedandspayed/neutered withinthetimelimitsprescribedinsubsections(2)and(3)ofthissubsection.The animalcontrolservicesordivisionshallkeepsuchwrittenpromiseonfile.Itisan offenseunderthissectionfortheowneroftheanimaltofailtoprovideproofof vaccinationtotheanimalcontrolservicesordivisionwithinfive(5)daysfromthe dateofadoption.Itisaseparateoffenseunderthissectionfortheownerofthe animaltofailtoprovideproofofspaying/neuteringtotheanimalcontrolservicesor divisionwithinfourteen(14)daysfromthedateofadoptionorthedatewhenthe animalreachestheproperage.If(i)anownermakesapromisetovaccinateor spay/neuterinwriting,(ii)theanimalisthereafterimpoundedasecondtime,and(iii) itisdeterminedthattheanimalwasnotvaccinatedand/orspayed/neuteredin accordancewiththewrittenpromise,thentheimpoundmentfeeshallbedoubledas requiredinthescheduleoffeesadoptedbythetown. 2-23 Planning and Zoning CommissionPage 177 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (5)Foranysubsequentimpoundmentofsuchanimalthatremainsunvaccinatedand/or unspayed/unneuteredatthetimeofimpoundment,anadditionalimpoundmentfeeas setforthinthetown’sscheduleoffeesshallbeassessed. (b)Thelocalrabiescontrolauthorityshallmakethefinaldeterminationastowhetheran animalishealthyenoughforadoption.Provided,however,thatsuchadecisionbythelocalrabies controlauthorityshallnotconstituteawarranty,eitherexpressorimplied,ofthehealthorageof theanimal. (Ordinance1999-32,sec.9,adopted12/21/99;Ordinance2002-18,sec.10,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.15;OrdinanceadoptingCode) Statelawreference– Sterilizationofdogorcatreleasedforadoption,V.T.C.A.,HealthandSafetyCode, ch.828. * ARTICLE 2.03 DANGEROUS WILDANIMALS Division 1. Generally Sec. 2.03.001Inspectionofpremises Anownerofadangerouswildanimal,atallreasonabletimes,shallallowthelocalrabiescontrol authorityoralicensedveterinariandesignatedbythelocalrabiescontrolauthoritytoenterthe premiseswherethe animaliskeptandtoinspecttheanimal,theprimaryenclosureforthe animal, andtheowner’srecordsrelatingtotheanimaltoensurecompliancewiththischapter.(Ordinance 2002-18,sec.28,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006- 43,sec.II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.28) Sec. 2.03.002Relocation or disposition of animal (a)Anownerofadangerouswildanimalmaynotpermanentlyrelocatetheanimalunlessthe ownerfirstnotifiesthelocalrabiescontrolauthorityinwritingoftheexactlocationtowhichthe animalwillberelocatedandprovidesthelocalrabiescontrolauthority,withrespecttothenew location,theinformationrequired bysection 2.03.042ofthischapter. (b)Withinten(10)daysafterthedeath,sale,orotherdispositionoftheanimal,theownerof theanimalshallnotifythelocalrabiescontrolauthorityinwritingofthedeath,sale,orother disposition. (Ordinance2002-18,sec.29,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.29) Sec. 2.03.003Attack by animal;escape of animal (a)Anownerofadangerouswildanimalshallnotifythelocalrabiescontrolauthorityofany attack of ahuman bythe animalwithinforty-eight(48) hoursoftheattack. * Statelawreference– Dangerouswildanimals,V.T.C.A.,HealthandSafetyCode,sec.822.101etseq. 2-24 Planning and Zoning CommissionPage 178 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (b)Anownerofadangerouswildanimalshallimmediatelynotifythelocalhealthdepartment andtownpolice department of any escapeoftheanimal. (c)Anownerofadangerouswildanimalthatescapesisliableforallcostsincurredin apprehending and confiningthe animal. (d)Thelocalrabiescontrolauthorityisnotliabletoanownerofadangerouswildanimalfor damagesarisinginconnectionwiththeescapeofadangerouswildanimal,includingliabilityfor damage,injury,ordeathcausedbytheanimalduringoraftertheanimal’sescape,orforinjuryto or deathoftheanimal asaresultof apprehensionor confinement oftheanimalafter escape. (Ordinance2002-18,sec.30,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.30) Sec. 2.03.004Care and treatment;transportation (a)Foreachdangerouswildanimal,theownershallcomplywithallapplicablestandardsof theAnimalWelfareAct(7U.S.C.section2131etseq.)anditssubsequentamendmentsandthe regulations adopted underthatactrelatingto: (1)Facilities and operations; (2)Animal healthand husbandry; and (3)Veterinary care. (b)Anownerofadangerouswildanimalshallmaintainaseparatewrittenlogforeach dangerouswildanimaldocumentingtheanimal’sveterinarycareandshallmakethelogavailable tothelocalrabies control authority on request. (c)Thelogmust: (1)Identifythe animaltreated; (2)Providethe dateoftreatment; (3)Describethetype ornatureoftreatment;and (4)Providethe name oftheattendingveterinarian,ifapplicable. (d)Whentransportingadangerouswildanimal,theowneroftheanimal,oradesignated carrierorintermediatehandleroftheanimal,shallcomplywithalltransportationstandardsthat applytothatanimalundertheAnimalWelfareAct(7U.S.C.section2131etseq.)andits subsequent amendments andtheregulationsadoptedunderthat act. (e)Apersonisexemptfromtherequirementsofthissectionifthepersoniscaringfor, treating,ortransportingan animalforwhichthepersonholds aclassAorclassBdealer’slicense 2-25 Planning and Zoning CommissionPage 179 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl oraclassCexhibitor’slicenseissuedbytheSecretaryofAgricultureoftheUnitedStatesunder theAnimal WelfareAct(7U.S.C.section2131etseq.) anditssubsequentamendments. (Ordinance2002-18,sec.31,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.31) Sec. 2.03.005Liabilityinsurance Anownerofadangerouswildanimalshallmaintainliabilityinsurancecoverageinanamountof notlessthanonehundredthousanddollars($100,000.00)foreachoccurrenceforliabilityfor damagesfordestructionofordamagetopropertyanddeathorbodilyinjurytoapersoncaused bythedangerouswildanimal.(Ordinance2002-18,sec.27,adopted5/6/02;Ordinance2006-43, sec.II, adopted 11/6/06; 2006Code,ch. 2, sec. 1.32) Sec. 2.03.006Transferofownership Apersoncommitsanoffenseifthepersonknowinglysellsorotherwisetransfersownershipofa dangerouswildanimaltoapersonwhodoesnothaveacertificateofregistrationforthatanimal asrequiredbythissection.(Ordinance2002-18,sec.32,adopted5/6/02;Ordinance2006-43,sec. II, adopted 11/6/06;2006Code, ch.2,sec. 1.33) Sec. 2.03.007Offenses (a)A person commits an offenseifthe personviolatessection 2.03.043(b),section 2.03.045, or section2.03.003(a)or(b)ofthischapter.Eachanimalwithrespecttowhichthereisaviolation and each daythataviolation occursor continuesisaseparateoffense. (b)Apersoncommitsanoffenseifthepersonknowinglysellsorotherwisetransfers ownershipofadangerouswildanimaltoapersonwhodoesnothaveacertificateofregistration forthat animal asrequiredbythischapter. (Ordinance2002-18,sec.33,adopted5/6/02;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.34;OrdinanceadoptingCode) Sec. 2.03.008Civil penalty (a)Apersonwhoviolatessection2.03.002(a)isliableforacivilpenaltyofnotlessthantwo hundreddollars($200.00)andnotmorethantwothousanddollars($2,000.00)foreachanimal withrespecttowhichthereis a violationandforeachdaytheviolation continues. (b)Thetownmaysuetocollect a civilpenalty andretainthe civil penalty collected. (c)Thetownmay alsorecoverthereasonable costs ofinvestigation,reasonableattorney’sfees, andreasonableexpertwitnessfeesincurredbythetowninthecivilaction.Costsorfees recoveredunderthissubsectionshallbecreditedtotheoperatingaccountfromwhichpayment forthetown’s expendituresweremade. (Ordinance2002-18,sec.34,adopted5/6/02;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.35;OrdinanceadoptingCode) Secs. 2.03.009–2.03.040Reserved 2-26 Planning and Zoning CommissionPage 180 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Division 2. CertificateofRegistration Sec. 2.03.041Required (a)Apersonmaynotown,harbor,orhavecustodyorcontrolofadangerouswildanimalfor anypurposeunlessthepersonholds acertificateofregistrationforthatanimalissuedbythelocal rabiescontrol authority. (b)Anownerofacommercialestablishmentdealinginthesaleorhandlingofdangerouswild animalsmaynotown,harbor,orhavecustodyorcontrolofadangerouswildanimalwithinthe corporatelimitsofthetownforanypurposeunlessthepersonholdsacertificateofregistration forthat animalissued bythetownanimal controlservicesor division. (c)Acertificateofregistrationissuedunderthischapterisnottransferableandisvalidforone (1)year afteritsdate ofissuanceorrenewal unlessrevoked. (d)ThefeechargedtoanapplicantshallbeinaccordancewiththefeescheduleinappendixA ofthis code;provided,however,thatthefeemay notexceedfifty dollars($50.00)for each animal registeredandmaynotexceedfivehundreddollars($500.00)foreachpersonregisteringsuch animals,regardlessofthenumberofanimalsownedbytheperson.Thefeescollectedshallbe used onlyto administerand enforcethis chapter. (Ordinance2002-18,sec.22,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II,adopted11/6/06;2006Code,ch.2,sec.1.23;Ordinanceadopting Code) Sec. 2.03.042Application (a)Anapplicantforanoriginalorrenewalcertificateofregistrationforadangerouswild animalshallfileanapplicationwiththelocalrabiescontrolauthorityonaformprovidedbythe localrabiescontrol authority.The applicationshallinclude: (1)The name, address,andtelephone numberofthe applicant; (2)Acompleteidentificationofeachanimal,includingspecies,sex,age,ifknown,and anydistinguishingmarksorcolorationthatwouldaidintheidentificationofthe animal; (3)The exactlocationwhereeach animalistobekept; (4)Aswornstatementthat: (A)Allinformationintheapplicationis completeand accurate;and (B)TheapplicanthasreadthischapterandsubchapterEofchapter822,Texas HealthandSafetyCode,andthatallfacilitiesusedbytheapplicanttoconfine or enclosethe animal complywiththerequirementsofthatsubchapter;and (5)Anyotherinformationthetowninitscapacityastheanimalregistrationagencymay require. 2-27 Planning and Zoning CommissionPage 181 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (b)An applicantshallincludewitheachapplication: (1)The nonrefundablefee; (2)Proof,inaformacceptabletothetown,thattheapplicanthasliabilityinsuranceas required bythis chapter; (3)Acolorphotograph of eachanimalbeingregisteredtakennotearlierthanthethirtieth (30th)day beforethe datethe applicationisfiled; (4)Aphotographandastatementofthedimensionsoftheprimaryenclosureinwhich eachanimalistobekeptandascalediagramofthepremiseswhereeachanimalwill bekept,includingthelocationofanyperimeterfencingandanyresidenceonthe premises; and (5)IfanapplicantholdsaclassAorclassBdealer’slicenseorclassCexhibitor’s licenseissuedbytheSecretaryofAgricultureoftheUnitedStatesundertheAnimal WelfareAct(U.S.C.section2131etseq.)anditssubsequentamendments,aclear andlegiblephotocopy ofthelicense. (c)Inadditiontotheitemsrequiredundersubsection(b)ofthissection,anapplicationfor renewalshallincludeastatementsignedbyaveterinarianlicensedtopracticeinthestatestating thattheveterinarian: (1)Inspectedeachanimalbeingregisterednotearlierthanthethirtieth(30th)daybefore thedateofthefiling oftherenewal application;and (2)Findsthatthecareandtreatmentofeachanimalbytheownermeetsorexceedsthe standards prescribed underthis chapter. (Ordinance2002-18,sec.23,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.24) Sec. 2.03.043Denialorrevocation (a)Ifthetownfindsthatanapplicationforanoriginalorrenewalcertificateofregistration underthischapterdoesnotmeettherequirementsspecifiedherein,orafterinspectionthatan applicanthasnotcompliedwiththischapterorchapter822oftheHealthandSafetyCode,the townshalldenytheapplicantacertificateofregistrationandgivetheapplicantwrittennoticeof thedenialandthereasonsforthe denial. (b)Ifthelocalrabiescontrolauthorityfinds,afterinspection,thataregisteredownerprovided falseinformationinorinconnectionwiththeapplicationorhasnotcompliedwiththischapter, thelocalrabiescontrolauthorityshallrevokethecertificateofregistrationandgivetheowner writtennotice oftherevocationandthereasonsfortherevocation. (c)Apersonmayappealthedenialofanoriginalorrenewalcertificateofregistrationorthe revocationof a certificateofregistrationtothejusticecourtforthe precinctinwhichthe animalis locatedorthemunicipalcourtinthetowninwhichtheanimalislocatednotlaterthanthe fifteenthdayafterthedatethecertificateofregistrationisdeniedorrevoked.Eitherpartymay 2-28 Planning and Zoning CommissionPage 182 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl appealthe decisionofthejusticeormunicipal courtto a county courtor county courtatlawinthe countyinwhichthejusticeormunicipalcourtislocated.Thedecisionofthecountycourtor county courtatlawmay not be appealed. (d)Filinganappealofthedenialorrevocationofacertificateofregistrationundersubsection (c)ofthissectionstaysthedenialorrevocation untilthe courtrules ontheappeal. (Ordinance2002-18,sec.24,adopted5/6/02;Ordinance2006-24,sec.II,adopted7/24/06; Ordinance2006-43,sec.II, adopted 11/6/06;2006Code, ch. 2,sec. 1.25) Sec. 2.03.044Effective date Apersonisnotrequiredtoobtainacertificateofregistrationforadangerouswildanimal obtainedunderthischapterbeforeJune1,2002.(Ordinance2002-18,sec.26,adopted5/6/02; Ordinance2006-24,sec.II,adopted7/24/06;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.26) Sec. 2.03.045Display (a)Aholderofacertificateofregistrationshallprominentlydisplaythecertificateatthe premiseswhereeach animalthatisthesubject ofthe certificateofregistrationiskept. (b)Notlaterthanthetenth(10th)dayafterthedateapersonreceivesacertificateof registration,thepersonshallfileaclearandlegiblecopyofthecertificateofregistrationwiththe department ofstate healthservices. (Ordinance2002-18,sec.25,adopted5/6/02;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.27) Sec. 2.03.046Exemptions The provisions ofthis chapterrelatingtodangerouswild animals do notapplyto: (1)Acounty,municipality,oragencyofthestate,oranagencyoftheUnitedStates,or an agentor officialof acounty,municipality, or agency actinginan officialcapacity; (2)Aresearchfacility,asthattermisdefinedbysection1.012(e),AnimalWelfareAct (7U.S.C.section2132),anditssubsequentamendments,thatislicensedbythe Secretary ofAgricultureoftheUnited States underthat act; (3)AnorganizationthatisanaccreditedmemberoftheAmericanZooandAquarium Association; (4)Aninjured,infirm,orphaned,orabandoneddangerouswildanimalwhilebeing transportedfor careortreatment; (5)Aninjured,infirm,orphaned,orabandoneddangerouswildanimalwhilebeing rehabilitated,treated,orcaredforbyalicensedveterinarian,anincorporatedhumane societyoranimalshelter,orapersonwhoholdsarehabilitationpermitissuedunder subchapterC, chapter43,Parks andWildlifeCode; 2-29 Planning and Zoning CommissionPage 183 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl (6)Adangerouswildanimalownedbyandinthecustodyandcontrolofatransient circuscompanythatis notbasedinthestateif: (A)The animalisusedas anintegral partofthecircusperformances;and (B)Theanimaliskeptwithinthestateonlyduringthetimethecircusis performinginthestateorforaperiodnottoexceedthirty(30)dayswhilethe circusisperforming outsidetheUnitedStates; (7)Adangerouswildanimalwhileinthetemporarycustodyorcontrolofatelevisionor motionpictureproductioncompanyduringthefilmingofatelevisionormotion picture production; (8)Adangerouswildanimalownedbyandinthepossession,custody,orcontrolofa college or universitysolelyas a mascotforthe college or university; (9)Adangerouswildanimalwhilebeingtransportedininterstatecommercethroughthe stateincompliancewiththeAnimalWelfareAct(7U.S.C.section2131etseq.)and itssubsequent amendments and theregulations adopted underthatact; (10)Anon-humanprimateownedbyandinthecontrolandcustodyofapersonwhose onlybusinessissupplyingnon-humanprimatesdirectlyandexclusivelyto biomedicalresearchfacilitiesandwhoholdsaclassAorclassBdealer’slicense issuedbytheSecretaryofAgricultureoftheUnitedStatesundertheAnimalWelfare Act(7U.S.C.section 2131etseq.)anditssubsequent amendments; and (11)A dangerouswildanimalthatis: (A)Ownedbyorinthepossession,control,orcustodyofapersonwhoisa participantinthespeciessurvivalplanoftheAmericanZooandAquarium Associationforthatspecies; and (B)Anintegralpart ofthatspeciessurvival plan. (Ordinance2002-18,sec.35,adopted5/6/02;Ordinance2006-43,sec.II,adopted11/6/06;2006 Code, ch. 2,sec. 1.36) ARTICLE 2.04 ANIMAL SHELTERADVISORYBOARD Sec. 2.04.001Creation;organization Thetowncouncil doesherebycreate an advisorycommitteeforitsanimalshelterto be namedthe “TrophyClubAnimalShelterAdvisoryBoard,”whichboardshallmeetatleastthree(3)times annuallyandshallbecomprisedofatleastone(1)licensedveterinarian,one(1)countyor municipalofficial,one(1)personwhosedutiesincludethedailyoperationofananimalshelter, one(1)representativefromananimalwelfareorganization,andtwo(2)residentsfromthe community.(Ordinance2013-19,sec. 2, adopted 8/5/13;Ordinance 2013-37 adopted 10/7/13) 2-30 Planning and Zoning CommissionPage 184 of 272June 2, 2016 Exhibit I TrophyClubCodeofOrdinancesChapter2:AnimalControl Sec. 2.04.002Appointment;terms ThemembersoftheTrophyClubAnimalShelterAdvisoryBoardshallserveatthepleasureof thetowncouncil.Members’termsshallbestaggeredassetforthherein,andtermsshallexpireon September30ofthedesignatedyear.Places on theboardshallbenumbered1through6.Places1 and2ontheboardshallserveforatermofone(1)yeareachduringtheimplementationof staggeredseatsontheboard.Places3and4ontheboardshallserveforatermoftwo(2)years eachduringtheimplementationofstaggeredseatsontheboard.Places5and6ontheboardshall serveforatermofthree(3)yearseach.Uponexpirationofeachofimplementationtermsset forthabove,allsix(6)seatsshallbeappointedtoserveonaregularthree(3)yearterminterval. ImplementationofstaggeredtermsshallcommenceonOctober1,2014,andtheboardmembers shallbeappointedinaccordancewiththetown’shandbookforelectedandappointedofficials. (Ordinance 2013-19,sec.3, adopted8/5/13;Ordinance2014-24 adopted8/26/14) Sec. 2.04.003Staffliaison Thechiefofpoliceorhisdesigneeshallserveasaliaison(hereinafter“staffliaison”).Thestaff liaisonshallbethepointofcontactformembers,anditshallbetheresponsibilityofthestaff liaisontoschedulemeetings,topostagendas,andtoprovideinformationnecessaryforthe TrophyClubAnimalShelterAdvisoryBoardtoperformitsduties.(Ordinance2013-19,sec.4, adopted8/5/13) Sec. 2.04.004Dutiesof board Dutiesoftheboardshallincludethemakingofrecommendationstothetowncouncilconcerning thetown’sanimalshelterandtheshelter’scompliancewithchapter823oftheHealthandSafety Code,asamended,andallotherapplicablestateandlocallaws.(Ordinance2013-19,sec.5, adopted8/5/13) Sec. 2.04.005Meetings AllmeetingsshallbeopentothepublicandshallbeheldinaccordancewiththeTexasOpen MeetingsAct andwiththeparameterssetforthinthisarticle.Thestaffliaisonshallworkwiththe TrophyClubAnimalShelterAdvisoryBoardtodetermine appropriatemeetingdatesandtimesas necessarytofulfillalllegalobligations,withaminimumofthree(3)meetingsoftheboardbeing required annually.(Ordinance 2013-19,sec.6, adopted8/5/13) Sec. 2.04.006Staffliaison duties Thestaffliaisonshallattendallmeetings,shallberesponsibleforpreparationandpostingofthe meetingagendas,andshallensurethatminutesarepreparedfortheboard’sreviewandaction. Thestaffliaisonshallberesponsibleforensuringthatallclericalsupportisprovidedbytown staff.(Ordinance 2013-19,sec. 7,adopted8/5/13) 2-31 Planning and Zoning CommissionPage 185 of 272June 2, 2016 2016 2, June Property Subject Location Map Exhibit J 272 of 186 Page Commission Zoning and Planning 2016 2, June Property Subject Zoning Map Exhibit J 272 of 187 Page City of Roanoke Commission Zoning and Planning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-293-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Discussion and recommendation regarding a request to amend Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive. Case PD-AMD-16-048. Attachments:Staff Report.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Exhibit E.pdf Exhibit F.pdf DateVer.Action ByActionResult DiscussionandrecommendationregardingarequesttoamendOrdinanceNo.95-20P&ZandOrdinanceNo.2016-02 P&Z,PDPlannedDevelopmentDistrictNo.13inordertoamendcertaindevelopmentrequirementsandtheapproved signageplanforMeatUAnywhererestaurant,onLot3,TheVillage,locatedat91TrophyClubDrive.CasePD-AMD-16- 048. Planning and Zoning CommissionPage 188 of 272June 2, 2016 STAFF REPORT Planning and Zoning Commission June 2, 2016 PD-AMD-16-048: Meat U Anywhere Sign Plan / Landscape Plan Amendment SUBJECT : Discussion and recommendation regarding a request to amend Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 TrophyClub Drive. Case PD-AMD-16-048 REQUEST: The applicant, Dusty Dennis, is requesting amendments to the approved sign plan and landscape plan for the new Meat U Anywhere restaurant locatedat 91 Trophy Club Drive. Construction of the restaurant is nearing completion and the restaurant will be allowed to open with a conditional certificate of occupancy pending the outcome of this item. The site plan package, including the landscape plan,was approved by the Town Council on August 25, 2015 and the sign plan was approved on January 21, 2016. REQUEST DETAILS: Sign Plan – The applicant proposes that the wall sign layout on the north elevation be changed per the attached exhibit. The exhibit shows the Town’s logo below the restaurant’s logo. The original approved plan showed the signs flipped. The signs are already installed as shown on the proposed exhibit. Landscape Plan – Attached is an alternative landscape plan proposed by the applicantin addition to the approved landscape plan.The proposed changesto the landscape plan include: Changing primary ground cover from Bermuda grass to crushed granite. The approved PD 13 planting list does not list crushed granite as an approved ground cover material. Page 1 of 2 Planning and Zoning CommissionPage 189 of 272June 2, 2016 Changing the tree layout on the property. Some trees have been removed from the rear landscape buffer in order to accommodate above ground utility structures. Changing one tree and most shrubs to amore drought tolerant, native species list, which does not comply with the PD 13 approved planting list. Other minor adjustments to the layout of the landscaping to accommodate minor changes to the building. The applicant seeks the change in ordertoprovide a Texas themed landscape layout that compliments the barbeque restaurant. Mostlandscaping was installed at the time this briefing was written. 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 to19 property owners within 200 feet of the subject property. To date no correspondence has been received. STAFF REVIEW AND RECOMMENDATION : The proposed changes to the sign plan are minor with the only change proposed to the north elevation. The proposed landscape plan does not comply with the plant list requirements in the PD 13 regulations. Staff recommends approval of the changes to the sign plan. Approval of the landscape plan is at the discretion of the Planning and Zoning Commission. Attachments: Exhibit “A” – Proposed AmendedSign PlanSheet Exhibit “B” – Approved Sign Plan 1/21/2016 Exhibit “C” – Proposed Amended Landscape Plan Exhibit “D”– Approved Landscape Plan Exhibit “E” – Ordinance 95-20, PD 13 Regulations Exhibit “F” – Location and Zoning Map Page 2 of 2 Planning and Zoning CommissionPage 190 of 272June 2, 2016 2016 2, June Exhibit B 272 of 193 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 194 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 195 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 196 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 197 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 198 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 199 Page Commission Zoning and Planning 2016 2, June Exhibit B 272 of 200 Page Commission Zoning and Planning TROPHY CLUB, TEXAS Texas Firm No. F-8942 501 S. Carroll Blvd. BBQ RESTAURANT S Denton, TX. 76201 940.566.0008 fax 940.566.0088 T A Ste. 201 M MEAT -U-ANYWHERE R A E R A G N I K R A P S T O P O I T A P O I T A P LANDSCAPE PLAN TROPHY CLUB, TEXAS L2.1 Texas Firm No. F-8942 501 S. Carroll Blvd. BBQ RESTAURANT S Denton, TX. 76201 940.566.0008 fax 940.566.0088 A Ste. 201 M MEAT -U-ANYWHERE SP-15-0__ Exhibit E Planning and Zoning CommissionPage 203 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 204 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 205 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 206 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 207 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 209 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 210 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 211 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 212 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 213 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 214 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 215 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 216 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 217 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 218 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 219 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 220 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 221 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 222 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 223 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 224 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 225 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 226 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 227 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 228 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 229 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 230 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 231 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 232 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 233 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 234 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 235 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 236 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 237 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 240 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 241 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 242 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 243 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 245 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 246 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 247 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 248 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 249 of 272June 2, 2016 Exhibit E Planning and Zoning CommissionPage 250 of 272June 2, 2016 2016 2, June Subject Property Location Map Exhibit F 272 of 251 Page Commission Zoning and Planning 2016 2, June Subject Property The Village Plat Exhibit Exhibit F 272 of 252 Page Commission Zoning and Planning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-294-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Discussion and recommendation regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Section 14.02.251 - Temporary Uses in order to add the use of portable classroom and provide for other amendments as proposed by Town staff. Case ADM-16-012. Attachments:Staff Report.pdf Exhibit A.pdf DateVer.Action ByActionResult DiscussionandrecommendationregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amending Section14.02.251-TemporaryUsesinordertoaddtheuseofportableclassroomandprovideforotheramendmentsas proposed by Town staff. Case ADM-16-012. Planning and Zoning CommissionPage 253 of 272June 2, 2016 STAFF REPORT Planning and Zoning Commission June 2, 2016 ADM-16-012: Amendments to Temporary Use Requirements SUBJECT : Discussion and recommendation regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Section 14.02.251 – Temporary Uses in order to add the use of portable classroom and provide for other amendments as proposed by Town staff. Case ADM-16-012 INDTRODUCTION: Given the request, which follows this item, from the Northwest Independent School District (NISD) to place a portable classroom building at Beck Elementary, staff proposes amendments to the temporary use provisions in the zoning regulations contained in the Town Code of Ordinances. Currently there are no provisions in the Code of Ordinances for a temporary classroom structure. Given the review of the regulations necessitated by the application from NISD, staff has performed a review of the regulations and proposes the changes detailed in the next section in order to eliminate discrepancies and overlap with other regulations, and to provide changes to the approval process for a temporary use permit. PROPOSED AMENDMENTS: Per the attached markups to Section 14.02.151, the following is a detailed explanation of the proposed amendments to this section: Elimination of all event references 1. – Staff proposes eliminating all references to special events such as circuses, sporting events, etc. Special events are addressed in Article 1.09 of the Code of Ordinances and should not be regulated as temporary uses. The only exception is the town wide garage sale, which remains in the temporary use permit regulations given the more detailed performance criteria in this section. Elimination of Planning and Zoning Commission approval requirement 2. – Staff proposes eliminating the requirement that a temporary use permit require a recommendation from the Planning and Zoning Commission prior to consideration by the Town Council; thus requiring only approval by the Council. The reason for this recommendation involves the following factors: Page 1 of 3 Planning and Zoning CommissionPage 254 of 272June 2, 2016 -A temporary use permit is not a permanent zoning action and does not affect the long term land use of the property; -Given the short-term nature of a temporary use, the general lack of complexity and long term impact involvedwith temporary use, an extended review and approval process involving both the Planning and Zoning Commission and Town Council is not necessary. Allowance for administrative approval for certain uses 3. – For temporary real estate sales offices in model homesand trailers, model home parkingand temporary construction trailers, staff proposes that these uses be approved administratively, unless an extended period of time is requested, which would then require Council approval. Addition of a portable classroom use 4. – This use is added given the request that follows this item by NISD. Addition of other uses not listed 5. – This accounts for any other temporary use that is not listed in the regulations that would require approval by the Town Council. Elimination of specific time period limitations in subsections (d) 1 and 2 6.– Staff proposes that, given the variability, diversity and unknown factors that are affiliated with a temporary use, the specific time limitations should be applied by the Town Council on a case-by-case basis where there are not time restrictions already in place in the section. Requirement of a resolution 7. – Staff proposes that, where Council approval is required, a temporary use permit must be approved by resolution. Since the use is temporary, anordinance is not appropriate. Therefore a resolution is recommended. Similar to an ordinance, the resolution wouldcontain any specific conditions and/or waivers in the body of the resolution textalong with a clear time restriction and expirationprovision forthe permit, thereby providing a clear and concise regulatory frameworkfor easy reference by staff, the applicant and other interested parties. 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 proposed amendments was published in the Fort Worth Star Telegram. STAFF REVIEW AND RECOMMENDATION : The proposed amendments are intended to better address community needs and provide a more effective and efficient review of a proposed temporary use. Staff recommends approval. Page 2 of 3 Planning and Zoning CommissionPage 255 of 272June 2, 2016 Attachments: Exhibit “A” – Proposed Amendments to Section 14.02.151 Page 3 of 3 Planning and Zoning CommissionPage 256 of 272June 2, 2016 Exhibit A Sec. 14.02.151Temporary uses (a) Permitted uses.Except where exempted below, tThe following uses, which are classified as temporary uses, may be permitted for a period of time by the town councilper the provisions in subsectionc below, after recommendation by the planning and zoning commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. (1)Carnivals. (2)Circus. (3)Fairgrounds. (4)Community festivals (not including community garage sales). (5)Community garage sales, by special privilege, see subsection (e) of this section. (6)Religious assemblies. (7)Sports events. (8)Political rallies. (9)Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings. and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. (10) Armed forces displays. (11) Educational or informational displays. (12) Temporary sales of merchandise by nonprofit organizations. (13) Real estate sales offices (located in a permanent residential structure), but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years.Town council approval shall not be required for this use. (14) Off-street parking for model homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period ofnot greater than one year. Town councilapproval shall not be required for this use.However,any time period extension shall require town council approval.However, such temporary use may be renewed annually. Planning and Zoning CommissionPage 257 of 272June 2, 2016 Exhibit A (15) Construction office used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such improvement or building, providing such temporary use is renewed annually. Town councilapproval shall not be required for this use. (16) Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. Town councilapproval shall not be required for this use. (17)Portable classroom buildings for a public school. (18)Any other temporaryusenot listed herein. Said use shall beconsidered by the town council. (b) Residential districts. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for subsection (a)(9) of this section which shall not be located closer than one thousand (1,000) feet to a developed residential district. (c) Temporary use permit.A permit for the temporary use of any property for the above- listed uses shall be secured from the townplanning and zoning administrator prior to such use, after approval by the town councilfor a non-exempt useand after payment of all applicable fees. Council approval shall be in the form of a resolution. Said resolution may contain any conditions, or waivers to this section,imposed by the Councilas a condition of approvalin order to ensure that said use is allowed and conducted such that thecommunity’s health, safety andwelfare is protected.The planning and zoning administrator may recommend anytemporary use permit applicationexemptedherein from town council approvalbe considered by the town council where it hasbeen determined by the administratorthat the proposed temporaryusemay have significant communityinterests. (d) Time period. (1) Except where provided in the list of uses hereinexempted from town council approval, the time period for any use allowed by this section shall be specified in the approving resolution and may not be extended without the approval of the Town Council.Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off-street parking for model homes in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. (2) Annual extensions of the temporary use permit may be issued by the zoning administrator upon written request by the applicant. Planning and Zoning CommissionPage 258 of 272June 2, 2016 Exhibit A (e) Community garage sale by special privilege. Upon approval by the town council, after recommendation by the planning and zoning commission, a community garage sale shall be permitted by special privilege to civic organizations or nonprofit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said special privilege shall be a condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the town department of public safety. Planning and Zoning CommissionPage 259 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-295-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Discussion and recommendation regarding a request by the Northwest Independent School District for a temporary use permit in order to allow a portable classroom building at Beck Elementary School, located at 401 Parkview Drive. Case TUP-16-008. Attachments:Staff Report.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf DateVer.Action ByActionResult DiscussionandrecommendationregardingarequestbytheNorthwestIndependentSchoolDistrictforatemporaryuse permitinordertoallowaportableclassroombuildingatBeckElementarySchool,locatedat401ParkviewDrive.Case TUP-16-008. Planning and Zoning CommissionPage 260 of 272June 2, 2016 STAFF REPORT Planning and Zoning Commission June 2, 2016 TUP-16-008: Temporary Use Permit for Portable Classroom 401 Parkview Drive SUBJECT : Discussion and recommendation regarding a request by the Northwest Independent School District for a temporary use permit in order to allow a portable classroom building at Beck Elementary School, located at 401 Parkview Drive. Case TUP-16- 008. NOTE: Consideration of this request is contingent upon approval ofthe preceding amendmentto the Code of Ordinances allowing a temporary use permit for a portable classroom building. REQUEST: The Northwest Independent School District (NISD) is requesting the approval of temporary use permit in order to place a temporary classroom behind Beck Elementary at 401 Parkview Drive. The building will be 24’ x 64’ and 1,536 square feet in size. The building will be located behind the school. According to the applicant, the proposedbuilding was manufactured by Indicom, located in Burleson Texas. This building will be a dry installation and will not have water or restroom facilities. This building will be equipped with a "stand alone" Fire Alarm system, which will be slaved to the main system in the School. The power for this building will be tied into the main building.Access to the building will provided via an ADA compliant ramp to be constructed on-site. According to the temporary use regulations in the code of ordinances, “a temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district”. The proposed building will be located approximately180 feet from the PD 15 residential zoning district. Therefore, a waiver to this requirement will be required as part of the final approval of this item. The proposed building will be located approximately 85 feet from the Roanoke/Trophy Club corporate boundary line. Page 1 of 2 Planning and Zoning CommissionPage 261 of 272June 2, 2016 The applicant did not specify a specific time period for the proposed temporary use. Staff recommends that the use be allowed for one year from the date of approval by the Town Council with any extensions for additional time requiring further Council approval. There are currently no portable classroom buildings located onany school campus in the Town. CURRENT CONDITIONS AND ZONING: The subject property contains 8.7acres and is developed as Beck Elementary School. The property is platted as part of the NISD East Campus Additionand is zoned CR- Commercial Recreation. STAFF REVIEW AND RECOMMENDATION : The proposed portable classroom building would be located behind the school and be in place for a maximum of one year with any time extensions requiring further legislative approval. A waiver will be required to the distance requirement from a residentially zoned property. Staff recommends approval subject to the conditions stated herein. Attachments: Exhibit“A” –Application Exhibit “B” –Site Plan Exhibit “C”– Building Example Exhibit “D”–Location Maps and Aerial Exhibits Page 2 of 2 Planning and Zoning CommissionPage 262 of 272June 2, 2016 Exhibit A TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 PH) 682.831.4680 FAX) 817.490.0705 Town Website: www.trophyclub.org GENERAL PERMIT APPLICATION PROJECT ADDRESS: 401ParkviewDrive,TrophyClub,Tx.76262 SELECT PERMIT TYPE ELECTRICAL MECHANICAL PLUMBING IRRIGATION RE-ROOF ( ) ( ) ( ) ( ) ( ) Setupofa24'X64'modulardoubleclassroombuilding. NorthwestISD,MaintenanceDepartment APPLICANT/CONTRACTOR: 1800StateHwy114 BUSINESS ADDRESS: Justin,Texas,76247 CITY, STATE, ZIP CODE: 817-215-0019,817-215-0020 817-215-0077 WORK PHONE #: FAX #: jsadler@nisdtx.org EMAIL ADDRESS: PLEASE GIVE DETAILED DESCRIPTION OF WORK TO BE PERFORMED: Weneedtomoveinandsetupaindustrialized24'X64'doubleclassroombuildingtoaccommodate increasedenrollment.ThisbuildingwasmanufacturedbyIndicom,locatedinBurlesonTexas.Thisbuilding willbeadryinstallationandwillnothavewaterorrestroomfacilitieslocatedinit.Thisportablewillbe equippedwitha"standalone"FireAlarmsystem,whichwillbeslavedtothemainsystemintheSchool.The powerforthisbuildingwillbetiedintothemainbuilding. AccesswillbeprovidedviaaADAcompliantramp&landing,constructedonsite. $25,000.00 VALUATION OF PROPOSED WORK $ *INDICATE SHINGLE MATERIAL AND WARRANTY FOR RE-ROOF PERMITS *STATE HEIGHT AND MATERIALS USED AND INCLUDE SITE PLAN/SURVEY SHOWING FENCE WORK FOR FENCE PERMITS *PLEASE INCLUDE SITE PLAN/SURVEY SHOWING LOCATION OF SIGN FOR SIGN PERMITS PERMIT FEE: $75.00 JimSadler 05/17/2016 SIGNATURE: DATE: Planning and Zoning CommissionPage 263 of 272June 2, 2016 ..... . 2016 2, June Exhibit C 272 of 265 Page Commission Zoning and Planning City of Southlake 2016 2, June Beck Elementary Location of Proposed Building Location Map Exhibit D 272 of 266 Page Commission Town Boundary Zoning City of Roanoke Trophy Club and Planning 2016 2, June Beck Elementary Location of Proposed Bird’s Eye View Building Exhibit D 272 of 267 Page City of Roanoke Bread Winners Site Commission Zoning and Planning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-296-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Consider and take appropriate action regarding the P&Z Minutes dated 4-21-2016. Attachments:MeetingMinutes 042116.DRAFT.pdf DateVer.Action ByActionResult Consider and take appropriate action regarding the P&Z Minutes dated 4-21-2016. Planning and Zoning CommissionPage 268 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Meeting Minutes Planning & Zoning Commission ______________________________________________________________________ April 21, 2016 7:00 P.M. Svore Municipal Building Boardroom ______________________________________________________________________ CALLTO ORDER AND ANNOUNCE A QUORUM Chairman Sheridan called the April 21, 2016, Planning and Zoning Commission meetingto order at 7:02p.m. and announced a quorum present (6 members). Present: 6 - Commissioner Windland, Commissioner Ross, Commissioner Pipkins,Chairman Sheridan, Vice Chairman Oldham, Commissioner Baron Sheridan, Vice Chairman Sheridan, Vice Chairman Absent: 1 - Commissioner Snell SnellSnell Commissioner Commissioner STAFF PRESENT: STAFF PRESENT:STAFF PRESENT: Ron Ruthven, Town Planner Town PlannerTown Planner Robbie Killingsworth, Recording Secretary Robbie Killingsworth, Recording SecretaryRobbie Killingsworth, Recording Secretary Recording Secretary Note: The agenda items were presented in the following order: Recording Secretary Note: The agenda items were presented in the following order:Recording Secretary Note: The agenda items were presented in the following order: (item no. 1) 2016-211-T;(item no. 4) 2016-214-T;(item no. 5) 2016-215-T; 214 (item no. (item no. 4444) 2016) 2016T; -- T; (item no. (item no. (item no. 2) 2016-212-T;(item no. 3) 2016-213-T; 3333213 T;(item no. T;(item no. ) 2016) 2016T; T; 213 --- CITIZEN PRESENTATIONS Citizens are allowed four (4) minutes to address the Commission regarding an item over which the ) minutes to address the Commission regarding an item over which the ) 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 Commission has policy or oversight authority as provided by Texas law, the ethics order, or other policy Commission has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in. Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in.Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in. CONVENED INTO PUBLIC HEARING - START TIME – 7:04P.M. P.M. PUBLIC HEARING 2016-211-T Public hearing regarding a request to amend Ordinance No. 2007-15, PDPlanned Ordinance No. 2007 Development District No. 27, Village Center, Permitted Uses, in order to allow the useof a Veterinary Clinic with an Outdoor Pet Run on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-048. Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in. PUBLIC HEARING – CLOSED at 7:04P.M. RECONVENED INTO REGULAR SESSION – START TIME – 7:04P.M. REGULAR SESSION 2016-214-T Discussion and recommendation regarding arequest to amend Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, inorder to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and a Planning and Zoning CommissionPage 269 of 272June 2, 2016 request to approve an amendment to the approved Site Planon Lot2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049. Chairman Sheridan asked for Applicant comments. Tommy Ehrenberg with MK Development Group, 905 Trophy Club Drive, Trophy Club, TX 76262, representing Dr. Webster Dr. Rachel Webster, 1 Cimarron Court, Trophy Club, TX 76262 ChairmanSheridan asked for the staff report. Staff Report was given by Ron Ruthven, Town Planner. Chairman Sheridan asked for comments or questions from the commissioners. Chairman Sheridan asked for a motion. Motion by Commissioner Baron, Seconded byVice Chairman Oldham, totable item 2016-214-T to the Commissioner Baron, Seconded byCommissioner Baron, Seconded by next scheduled Planning and Zoning Commission meeting, as determined by staff in consultation with the next scheduled Planning and Zoning Commission meeting, as determined by staff in consultation with the next scheduled Planning and Zoning Commission meeting, as determined by staff in consultation with the applicant, in order to address Commission items related to the site plan amendment. applicant, in order to address Commission items related to the site plan amendment.applicant, in order to address Commission items related to the site plan amendment. Chairman Sheridan asked for discussion from the commissioners. Chairman Sheridan asked for discussion from the commissioners. Chairman Sheridan asked for discussion from the commissioners. Chairman Sheridan asked for public comments. None were given. Chairman Sheridan asked for public comments. None were given.Chairman Sheridan asked for public comments. None were given. Chairman Sheridan asked for a vote. Chairman Sheridan asked for a vote.Chairman Sheridan asked for a vote. The motion carried unanimously. 2016-215-T Discussion and recommendation regarding approval of the Site Plan for the new Discussion and recommendation regarding approval of the Site Plan for the new Discussion and recommendation regarding approval of the Site Plan for the new Town Hall and Criminal Justice facility located at One Trophy Wood Drive on Lot 4, Town Hall and Criminal Justice facility located at One Trophy Wood Drive on Lot 4, Town Hall and Criminal Justice facility located at One Trophy Wood Drive on Lot 4, Block B, Trophy Wood Business Center, Case SP-16-036. Block B, Trophy Wood Business Center, Case SPBlock B, Trophy Wood Business Center, Case SP -- 1616 Chairman Sheridan asked for Applicant comments. Nick Palluth with GSBS Architects, 7291 Glenview Drive, Fort Worth, TX 76180 ick Palluth with GSBS Architects, 7291 Glenview Drive, Fort Worth, TX 76180ick Palluth with GSBS Architects, 7291 Glenview Drive, Fort Worth, TX 76180 Chairman Sheridan asked for the staff report. Staff Report was given by Ron Ruthven, Town Planner. Chairman Sheridan asked for comments or questions from the commissioners. missioners. Chairman Sheridan asked for a motion. Motion by Vice Chairman Oldham, seconded byCommissioner Ross toapprovewith the following amended conditions: 1.Recommend that a waiver to the required screening wall along the common boundary with existing residentially zoned property be granted; 2.That the fenced enclosure around the dog run be constructed as a wrought iron fence. Chairman Sheridan asked for discussion from the commissioners. Chairman Sheridan asked for public comments. None were given. Chairman Sheridan asked for a vote. April 21, 2016 Minutes Page 2 of 3 Planning and Zoning CommissionPage 270 of 272June 2, 2016 The motion carried by the following vote: Aye: 5 Commissioner Windland, Commissioner Ross, Commissioner Pipkins, Chairman Sheridan, Vice Chairman Oldham Against: 1 Commissioner Baron 2016-212-T Consider and take appropriate action regarding the P&Z Minutes dated 03-10-2016. 2016-213-T Consider and take appropriate action regarding the P&Z Minutes dated 03-24-2016. Chairman Sheridan asked for comments or corrections from the commissioners. Chairman Sheridan asked for a motion. Motion made by Vice Chairman Oldham, seconded by Commissioner Windland,to approve the P&Z Minutes dated 03-10-2016and the P&Z Minutes dated 03-24-2016. Chairman Sheridan asked for a vote. Chairman Sheridan asked for a vote. Chairman Sheridan asked for a vote. The motion carried by the following vote: The motion carried by the following vote:The motion carried by the following vote: Aye: 5 Commissioner Windland, Commissioner Ross, Chairman Sheridan, Vice Commissioner Windland, Commissioner Ross, Chairman Sheridan, Vice Commissioner Windland, Commissioner Ross, Chairman Sheridan, Vice Chairman Oldham Chairman OldhamChairman Oldham Against: 1 Commissioner Pipkins(Commissioner Pipkins did not vote) Commissioner Commissioner PipkinsPipkins(Commissioner Pipkins did not vote)(Commissioner Pipkins did not vote) 2016-134-T Town Planner updates: Discussion of Comprehensive Plan update. Discussion Discussion of Comprehensive Plan Town Planner updates: Town Planner updates: No update given at this time. Chairman Sheridan asked for a motion. Motion made by CommissionerRoss, seconded by Vice Chairman Oldham, to adjourn. seconded by Vice Chairman Oldham, seconded by Vice Chairman Oldham, The motion carried unanimously. ADJOURN The meeting was adjourned at 10:08P.M. ______________________________________________________________________ Dennis Sheridan, ChairmanRobbie Killingsworth, Recording Secretary Planning and Zoning CommissionCommunity Development Town of Trophy Club, Texas Town of Trophy Club, Texas April 21, 2016 Minutes Page 3 of 3 Planning and Zoning CommissionPage 271 of 272June 2, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-297-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/27/2016 In control:Planning & Zoning Commission On agenda:6/2/2016 Final action: Title:Town Planner Updates; update on previous cases heard by the Commission; Discussion on current Town development issues and development codes. Attachments: DateVer.Action ByActionResult TownPlannerUpdates;updateonpreviouscasesheardbytheCommission;DiscussiononcurrentTowndevelopment issues and development codes. Planning and Zoning CommissionPage 272 of 272June 2, 2016