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Agenda Packet P&Z 10/20/2011Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, October 20, 2011 Call To Order and announce a quorum. 1.2011-562-T Review and approve minutes of the October 4, 2011, Planning and Zoning Commission meeting. MeetingMinutes 100411.pdfAttachments: Citizen Presentation Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. PUBLIC HEARING 2.2011-529-T Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Staff Report - 102011.pdf Public Hearing Notice.pdf Attachments: REGULAR SESSION 3.2011-563-T Discussion and Recommendation regarding changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) 4.2011-569-T Discussion of a Planned Development District for a 26.354 acre tract of land located on State Highway 114 and Trophy Club Drive. Planning and Zoning Commission Page 1 of 28 Meeting Date: October 20, 2011 October 20, 2011Planning & Zoning Commission Meeting Agenda Adjourn *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Monday, October 17, 2011 by 6:00 P.M. in accordance with Chapter 551, Texas Government Code. Carolyn Huggins Community Development Director If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2011. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 2 of 28 Meeting Date: October 20, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-562-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/12/2011 Planning & Zoning Commission On agenda:Final action:10/20/2011 Title:Review and approve minutes of the October 4, 2011, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 100411.pdf Action ByDate Action ResultVer. Title Review and approve minutes of the October 4, 2011, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 3 of 28 Meeting Date: October 20, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomTuesday, October 4, 2011 Call To Order and announce a quorum. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. COMMISSIONERS MEMBERS: Vice Chair James Stephens, Commissioner Dennis Sheridan, Commissioner Gary Richert, Gene Hill, Clayton Reed, and Dale Forest Present:6 - Commissioner Mike DavidsonAbsent:1 - STAFF PRESENT: Carolyn Huggins, Community Development Director Tom Rutledge, Town Engineer GUEST PRESENT: Warren Corwin, Corwin Engineering Martha Deller, Reporter 2011-526-T1.Review and approve minutes of the September 15, 2011, Planning and Zoning Commission meeting. A motion was made by Vice Chair Stephens, seconded by Commissioner Reed, that this Agenda Item be Approved . The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Richert, Hill, Reed, and Forest 6 - Citizen Presentation NONE PUBLIC HEARING 2011-529-T2.Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Tabled and Referred to the Planning & Zoning Commission due back on Planning and Zoning Commission Page 4 of 28 Meeting Date: October 20, 2011 October 4, 2011Planning & Zoning Commission Meeting Minutes 10/20/2011 Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Richert, Hill, Reed, and Forest 6 - REGULAR SESSION 2011-527-T3.Discussion and Recommendation regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039) Warren Corwin, Corwin Engineering, representing the Applicant, asked for approval. A motion was made by Commissioner Reed, seconded by Vice Chair Stephens, that this Agenda Item be Recommended for Approval to the Town Council , on 10/17/2011. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Richert, Hill, Reed, and Forest 6 - 2011-528-T4.Discussion and Recommendation regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-11-040) Warren Corwin, Corwin Engineering, representing the Applicant, asked for approval. A motion was made by Vice Chair Stephens, seconded by Commissioner Forest, that this Agenda Item be Recommended for Approval to the Town Council , on 10/17/2011. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Richert, Hill, Reed, and Forest 6 - Adjourn 7:12 p.m. Meeting adjourned _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Community Development Director Meeting adjourned Planning and Zoning Commission Page 5 of 28 Meeting Date: October 20, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-529-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/30/2011 Planning & Zoning Commission On agenda:Final action:10/20/2011 Title:Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Attachments:Staff Report - 102011.pdf Public Hearing Notice.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/4/2011 1 Title Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Planning and Zoning Commission Page 6 of 28 Meeting Date: October 20, 2011 PLANNING & ZONING COMMISSION STAFF REPORT October 20, 2011 Case No. ADM-11-008 Request for Text Amendments to Chapter 13-Zoning; Government Use District Regulations; Hotel or Motel Definition; Bank or Financial Institution Definition SUBJECT: Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning including amending and adopting new regulations for all public/government owned and operated uses; and amending a definition for “hotel or motel”; and adopting a definition for “Bank or Financial Institution” (ADM-11-008) GOVERNMENT USE DISTRICT REGULATIONS STAFF COMMENTS: This request is to amend the Zoning Ordinance (Chapter 13 – Code of Ordinances) for the Town of Trophy Club to modify GU District regulations for all public/governmental owned and operated structures and uses. The modifications will allow GU District regulation uses to be excluded from buffering, landscaping, and tree preservation requirements. These requirements can place a burden on development of parkland and municipal buildings especially when limited land and funds are available. Staff requests the following changes: CHAPTER 13 - ZONING ARTICLE III - ESTABLISHMENT OF DISTRICTS SECTION 3.02 – CLASSIFICATION OF NEW AND UNLISTED PROPERTIES ITEM D – COMMUNITY FACILITIES AND ITEM H - RECREATIONAL The Permitted Use Tables are updated for all public facilities (recreation, utility, and municipal) to be located within the GU district. Separate categories are created for private facilities which shall comply with the zoning district standards. Planning and Zoning Commission Page 7 of 28 Meeting Date: October 20, 2011 ARTICLE IV-DISTRICT REGULATIONS SECTION 4.18 GU - GOVERNMENT USE DISTRICT REGULATIONS ITEM A. PURPOSE ITEM C.3 PLAN REQUIREMENTS – LANDSCAPE PLAN ITEM F.2 AREA REGULATIONS – MINIMUM OPEN SPACE ITEM G. BUFFERED AREA REGULATIONS This section has been modified to reflect the intent of staff to reclassify all lands owned by the Town (government) into the GU District, and exempt those uses from landscaping, buffering, open space, and tree preservation standards. ARTICLE VII – DEVELOPMENT AND DESIGN STANDARDS SECTION 7.03 – LANDSCAPING REGULATIONS ITEM H. REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES Modified to specify that Government Uses in the GU District (non-residential) are not required to conform to landscape standards. DEFINITIONS STAFF COMMENTS: This request is to amend the Zoning Ordinance (Chapter 13- Code of Ordinances) for the Town of Trophy Club to adopt a definition for “Bank or Financial Institution” and to modify the definition for “Hotel or Motel”. Bank or Financial Institution: An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This excludes pawnshops, check cashing businesses, and payday advance/loan businesses. Hotel or Motel: An establishment, providing for a fee, sleeping accommodations of at least 250 sq. ft. in each guest room; and customary lodging services including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service; and providing a lobby for public reception and check-in with on-site staff required seven (7) days a week, twenty-four (24) hours per day; and a restaurant with kitchen facilities providing service to the general public. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities. Planning and Zoning Commission Page 8 of 28 Meeting Date: October 20, 2011 SUMMARY: This request is to amend the Zoning Ordinance for three purposes: (1) To adopt a definition for “Bank or Financial Institution”. The Zoning Ordinance currently does not contain a definition for this category of use. Staff requests an adoption of a definition. (2) To amend the definition of “Hotel or Motel” to give better clarity of what is expected and desired in Trophy Club. Staff requests modification of this definition. (3) To modify GU District regulations for all public/governmental owned and operated structures and uses. Although staff is requesting removal of regulations regarding buffering, landscaping, open space and tree preservation requirements, it is not the intent to encroach into established setbacks or avoid abiding by development regulations. Many cities exempt government entities from regulations so that public funds can be more efficiently used for public projects. Staff requests approval of these exemptions. ch Planning and Zoning Commission Page 9 of 28 Meeting Date: October 20, 2011 Section 3.02 Classification of New and Unlisted Properties The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a Prohibited Use P Denotes a Permitted Use by Right C Denotes of Conditional Use Permit Required S Denotes a Specific Use Permit Required District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU A. RESIDENTIAL 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P 4. Dwelling, Multi- Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentall y Disabled P 10. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home P 13. Recreational Vehicle Campgrounds 14. Religious Convent, Rectory, Monastery P 15. Retirement Home, Orphanage P B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions Planning and Zoning Commission Page 10 of 28 Meeting Date: October 20, 2011 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU C. EDUCATIONAL 1. Children’s Day Care Center & Kindergarten P P 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & Professional P 4. Private Schools, Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools, Vocational, Technical & Trade D. COMMUNITY FACILITIES 1. Private Athletic Field, Stadium, Auditorium, Gym P 2 Public Athletic Field, Stadium, Auditorium, Gym P 3 Cemetery and Mausoleums P 4 Commercial Swimming Pool P 5 Public Swimming Pool (Non-profit) P 6 Cultural Buildings and Facilities C C C P 7 Golf Course, Clubhouse, Related Facilities P 8 Gov. Maint Bldg, Storage Yards C C C 9 Municipal Admin, Public Service Facilities P P P P P P P P P P P P P P P P P 10 Public Park, Playground, Playlots, Related Facilities P P P P P P P P P P P P P P P P P 11 Privately Owned & Operated Playground, Park, Playlots Related Facilities C C C C C C C C C C C C C C C C C 12 Public Animal Pounds & Shelters S Planning and Zoning Commission Page 11 of 28 Meeting Date: October 20, 2011 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU 13 Public Safety Facilities P P P P P P P P P P P P P P P P P 14 Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 15 Private Social, Recreational, Assembly Bldgs P P P 16 Public Social, Recreational, Assembly Bldgs P P P 17 Public Tennis, Handball, Racquet Ball Clubs P P 18 Public Utility Facilities, Garage, Storage Bldg/Yard C C 19 Public Utility Facilities, Distribution Lines P P P P P P P P P P P P P P P P P 20 Public Utilities Facilities, Energy Plant C C 21 Public Utility Facilities, Office P C C E. PROFESSIONAL 1. Accounting Office P P 2. Admin, Executive, Editorial Office P P 3. Architectural, Eng, Planning Office P P 4. Attorney’s Office P P 5. Hospital 6. Insurance Office P P 7. Extended Stay Surgery Center 8. Personal/Family Counselor P P 9. Physician and/or Dentist P P 10. Public Secretary P P F. BUSINESS 1. Barber, Beauty, Styling Shops P P 2. Health, Athletic Shops P P P 3. Massage Shops 4. Medical, Dental, Chiropractic, Optometry, etc. P P 5. Real Estate Office P P 6. Tanning Salon P 7. Travel Bureau or Agency P P Planning and Zoning Commission Page 12 of 28 Meeting Date: October 20, 2011 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU 8. Weight Reduction Studio P P P G. RETAIL 1. Art Studio P 2. Art Supply Store P 3. Arts, Crafts, Hobby Shops P 4. Bakery Shops P 5. Bicycle Shop P 6. Beer & Wine Sales (Off- Premise Consumption Only) S* S* S* S* S* S* 7. Confectionary Shop P 8. Dairy Food Shop P 9. Dance Studio P 10. Drug Store, Apothecary, Pharmacy P 11 Dry Cleaners, Pick-up and Drop-off P 12 Dry Cleaning Plan 13 Duplication and Mailing Service P 14 Electrical Goods and Fixtures P 15 Fabric and Knitting Shop P 16 Florist P 17 Grocery Store P 18 Hardware Store P 19 Household Appliance Store P 20 Household Furnishings, Fixtures P 21 Ice Cream Shop P 22 Jewelry, Watch Store P 23 Music Store P 24 Tanning Salon P 25 Pawn Shop P 26 Photograph Service & Studio P P 27 Printing, Publishing, Engraving P 28 Restaurant C C C 29 Restaurant, Drive-In 30 Restaurant w/Alcoholic Beverage Sales C C C 31 Sale of Mixed Beverages in S* S* S* S* S* S* Planning and Zoning Commission Page 13 of 28 Meeting Date: October 20, 2011 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU Restaurants by Food & Beverage Certificate Holders Only 32 Sporting Goods Store P P 33 Wallpaper, Paint Store P 34 Wearing Apparel Store P H. RECREATIONAL 1. Community Center (Non- Profit Non- Government) C C C C C C C C C C C C C C C C P 2. Country Club, Private P 3. Golf Course P 4. Private Health Club P P P 5. Private Stable P 6. Swimming Pool (Private Club) P 7. Swimming Pool, Tennis Court (Non- Profit; Non- Government) C C C C C C C C C C C C C C C C P 8. Tennis Court (Private Residence) C C C C C C C C C C C C (Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use F(6), Ord. No. 2005-07 P&Z, § 4/18/05) Planning and Zoning Commission Page 14 of 28 Meeting Date: October 20, 2011 Section 4.18 GU – Government Use District Regulations A. Purpose: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. B. Uses Generally: In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. 2. A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements; and 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Area Regulations: The yard requirements shall not be less than the requirements of the most restrictive abutting property. Planning and Zoning Commission Page 15 of 28 Meeting Date: October 20, 2011 AREA DESCRIPTION AREA REGULATIONS 1. Lot Size None. 2. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. Uses within the GU-Government Use District are exempt from Open Space Standards, the Landscaping Requirements of Section 7.03, and the Town’s Tree Preservation Standards. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. 4. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 5. Minimum Floor Area None. 6. Front, Rear and Side Yards The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with Section 5.05 Required Yards. G. Buffered Area Regulations: Uses contained within the GU-Government Use zoning district are exempt from buffer area regulations. Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of Section 7.01, Screening and Fencing. H. Off-Street Parking: Off-street parking shall be provided in accordance with Section 7.04, Off-Street Parking Requirements. I. Off-Street Loading: No off-street loading is required in the GU District. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXXI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXI, 3-21-00) Planning and Zoning Commission Page 16 of 28 Meeting Date: October 20, 2011 Section 7.03 Landscaping Regulations A. Purpose: It is the purpose of this Section to establish certain regulations pertaining to landscaping within the Town. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the Town. B. Scope: The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new construction occurring within the Town. C. Enforcement: The provisions of this Section shall be administered and enforced by the Building Official or their designee. If, at any time after the issuance of a Certificate of Occupancy or Building Permit, which ever is applicable, landscaping is found to be non-conforming to the standards and criteria of this Section, the Building Official shall issue notice to the owner, citing tenant, or agent shall have thirty (30) days from the date of said notice to restore the landscaping required. If the landscaping is not restored within the allotted time, such person shall be deemed to be in violation of this ordinance. D. General Standards: The following criteria and standards shall apply to landscape materials and installation: 1. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 2. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. 5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. 8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. Planning and Zoning Commission Page 17 of 28 Meeting Date: October 20, 2011 E. Maintenance: The Owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with similar plant material. F. Sight Distance and Visibility: Rigid compliance with thee landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an access-way intersects a public right-of-way or when the subject property abuts the intersection of two or more public right-of-ways, a triangular visibility area shall be created. In the event other visibility obstructions are apparent in the proposed Landscape Plan, as determined by the Building Official, the requirements set forth herein may be reduced to the extent required to remove the conflict. G. Requirements for Residential Districts: In addition to the above listed requirements, all areas within the Town which are zoned for residential use, by either "straight zoned" districts or by Planned Developments, shall have the following requirements. 1. Each residential lot shall have a minimum of twelve (12) caliper inches of trees located in the front yard prior to issuance of a certificate of occupancy. The twelve (12) caliper inches may be distributed among any number of trees desired by the homeowner but shall not include any tree less than three (3) caliper inches. Caliper inches shall be measured twelve (12) inches above final grade adjacent to the trunk of he tree. 2. Approved Landscape Plan Prerequisite: No permit shall be issued for building or construction on any residential lot or tract until a Landscape Plan has been submitted and approved by the Town Planning and Zoning Administrator. 3. Landscape Plans: Prior to the issuance of a building, paving, grading or construction permit for any residential use, a Landscape Plan shall be submitted to the Town Planning and Zoning Administrator. The Administrator shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. The Landscape Plan may be revised by the owner at anytime the plan varies substantially from what was originally approved. Such revision should be submitted to the Town Planning and Zoning Administrator for approval. Planting of the landscaping may be postponed for one year following completion of construction if the building party represents a builder and is not intended to reside at that location. In such cases, the permanent resident/owner may revise any landscape plan which has been previously submitted by a builder and approved by the Town, and must complete the planting of either the previously approved or revised landscaping within a twelve (12) month period. 4. Content of the Landscape Plan: The owner/builder shall provide a drawing illustrating the entire landscape plan for the property. The Landscape Plan shall contain, at minimum, the information contained hereinbelow. Caliper inches shall be measured twelve inches (12”) above final grade adjacent to the trunk of the tree: a. It is not necessary that the landscape plan be drawn to scale; however, it is to be drawn such that the physical relationship of property, structures, and landscaping are easily discernible. All applicable requirements relative to trees as specified in Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, shall be met by the Planning and Zoning Commission Page 18 of 28 Meeting Date: October 20, 2011 builder/owner. b. A tree survey meeting the requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, shall be provided. Such survey shall show the location of all trees to be preserved, relocated, replanted and/or removed. c. The location of all plants and landscaping material to be added, including but not limited to, plants, paving, benches, screens, fountains, statues or other landscape features shall be shown on the landscape plan. All trees for which a removal or replanting permit is required shall be identified as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. d. Species of all plant material to be used shall be identified on the landscape plan; provided however, that as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, trees shall be of a species required by such Article VIII. e. Size of all plant material to be used shall be identified on the landscape plan. As required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, all trees shall meet the sizing requirements specified in such Article VIII. f. Spacing of plant material shall be identified on the landscape plan. As required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, trees shall meet the spacing requirements set forth in such Article VIII. g. Layout and description of irrigation, sprinkler or water systems, including placement of water sources, shall be identified on the landscape plan. h. In addition to meeting the requirements of this Section, the owner/builder shall comply with all applicable requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the requirements of Article VIII shall control as applicable. H. Requirements for Non-Residential Districts and Uses: The following requirements shall be additional requirements for landscaping located in all districts not specifically zoned for residential use with the exception of the GU-Government Use district, by either “straight zoned” districts or by Planned Unit Developments. 1. Permits: No permits shall be issued for building, paving, grading, or construction until a Landscape Plan is submitted and approved by the Planning and Zoning Commission. In the event that the proposed development required an approved subdivision plat or site plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. In any case in which a Certificate of Occupancy is sought at a season of the year in which the Planning and Zoning Commission determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of the issuance of the Certificate of Occupancy. 2. Landscape Plans: Prior to the issuance of a building, paving, grading, or construction permit, a Landscape Plan shall be submitted to the Town Planning and Zoning Commission. The Planning and Zoning Commission Page 19 of 28 Meeting Date: October 20, 2011 Commission shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. 3. Content of Landscape Plans: Landscaping Plans shall be prepared by a landscape architect, landscape contractor, or landscape designer knowledgeable in plants, materials, and landscape design. Landscape Plans shall contain the following information: a. Minimum scale of one inch equals fifty feet (50’); b. Location of all trees to be preserved; c. Location of all plants and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, or other landscape features; d. Species of all plant material to be used; e. Size of all plant material to be used; f. Spacing of plant material where appropriate; g. Layout and description of irrigation, sprinkler, or water systems, including placement of water sources; h. Description of maintenance provisions for the Landscape Plan; i. Person(s) responsible for the preparation of the Landscape Plan. j. If a tree removal permit and/or a tree replanting permit is required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the owner/builder shall comply with the requirements of Article VIII prior to the issuance of a tree removal permit. k. A tree survey shall be provided as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. l. In addition to meeting the requirements of this Section, the owner/builder shall comply with all applicable requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the requirements of Article VIII shall control.” 4. Minimum Requirements for Off-Street Parking and Vehicular Use Areas: Parking lots, vehicular use areas and parked vehicles are to be effectively screened, from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from these standards. a. Interior Landscaping: A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots: i. Interior landscape areas shall be protected from vehicular encroachment of Planning and Zoning Commission Page 20 of 28 Meeting Date: October 20, 2011 overhang through appropriate wheel stops or curbs. ii. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. iii. Interior areas of parking lots shall contain planter islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet (3’) in height. Interior planter islands shall have a minimum size of ten feet (10’) by twenty feet (20’). iv. The Planning and Zoning Commission may approve planter islands required by this Section to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Commission when the drip line of an existing tree is larger than planter islands required by this Section. b. Perimeter Landscaping: All parking lots and vehicular use areas shall be screened from all abutting properties and/or public right-of-ways with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two feet (2’) minimum width planting strip. Plants and materials used in living barriers shall be at least thirty inches (30”) high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3’) one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3’) high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public right-of-ways and adjacent properties. i. Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area of at least fifteen feet (15’) in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access-ways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access-ways shall be: fifty feet (50’) for non-residential two way movements; thirty feet (30’) for residential two way movements; twenty feet (20’) for non-residential one way movements; and fifteen (15’) feet for residential one way movements. ii. Whenever an off-street parking or vehicular use area abuts an adjacent property line a perimeter landscape area of at least ten feet (10’) in width shall be maintained between the edge of the parking area and the adjacent property line. Landscaping will be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, fence, hedge, or berm not greater than eight feet (8’) in height nor less than four feet (4’) in height. iii. Perimeter landscape areas shall contain at least one tree for each thirty (30) lineal feet or fraction thereof of perimeter area and shall be three feet (3’) high within one year after time of planting. Planning and Zoning Commission Page 21 of 28 Meeting Date: October 20, 2011 5. Landscaping Requirements for Non-vehicular Open Space: In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: a. Grass, ground cover, shrubs and other landscape material shall be used to cover all open ground within twenty feet (20’) of any building or paving or other use such as storage. b. All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. c. Landscaping shall be provided on each developed lot in accordance with the following standards: i. In all residential zoning districts, a minimum of fifteen percent (15%) of the landscaping shall be located in the required front yard. ii. In all non-residential zoning districts, a minimum of fifteen percent (15%)of the total site area shall be devoted to feature landscaping with not less than fifty (50%) percent of the landscaping being located in the required front yard. d. Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non-Vehicular Open Spaces Tree Ration Per Non-Vehicular Open Space Less than 30 6 trees/2,500 sq. ft. 30-49 7 trees/3,000 sq. ft. Over 50 9 trees/4,000 sq. ft. I. Applicability - Relief From Landscaping Requirements: Relief from landscaping requirements may be considered in situations where the individual characteristics of or circumstances associated with a particular location limit the applicant’s ability to comply with the landscaping requirements of this Ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking such relief shall submit an application specifically identifying the justification for the requested relief and comply with the following procedure: 1. An Applicant shall submit an alternate landscape plan to the Planning & Zoning Administrator. In addition to complying with all requirements of Section 7.03 of the CZO regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of Section 7.03 from which relief is sought and shall include a detailed written justification for the requested relief, specifically identifying reasons why he or she is unable to comply with existing landscape requirements. 2. Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to landscape, including but not limited to identifying the amount, type and placement of plant materials, the proposed plan for irrigation, and a phasing schedule for completing the plan when applicable. 3. The landscape plan may be submitted either with a Site Plan or may be submitted separately. 4. Upon receipt of a completed application, the P&Z Administrator shall forward such application to the Planning and Zoning Commission for review and recommendation to the Town Council. Planning and Zoning Commission Page 22 of 28 Meeting Date: October 20, 2011 12. Apartment House: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 13. Arbor: An open framework designed to offer shade, with latticework that also serves as a trellis on which climbing plants can grow. 14. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. 15. Area of lot: The net area of the lot and shall not include portions of streets and alleys. 16. Art Studio: An area for the collection, display, distribution, or instruction of objects of art. 17. Art Supply Store: An establishment offering for sale those materials used by conventional artists for the preparation of their art form. 18. Attached: Any structure that shares a common wall or foundation with the primary structure. 19. Bakery or Retail Confectionery Store: An establishment that prepares baked foods and prepared candies on site or from a wholesale supplier for the purpose of retail sales. 20. Bank or Financial Institution: An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This excludes pawnshops, check cashing businesses, and payday advance/loan businesses. 21. Basement: A building story which is partly underground and having at least one-half (½) of its height below the average level of the adjoining ground. 22. Bedroom: A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet den, or sunroom which is used primarily for sleeping. 23. Blind Fence or Wall: A fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 24. Block: An area within the Town enclosed by streets and occupied by or Planning and Zoning Commission Page 23 of 28 Meeting Date: October 20, 2011 convicts, or other housing facilities serving as an alternative to incarceration. 96. Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 97. Hardware Store: An establishment offering small hand tools and small building materials and associated convenience items, and personal hobby materials for sale to the general public. 98. Height: When referring to the height of a building or portion thereof, the vertical distance measured from the average established grade at the exterior surface of the structure to the highest point of the structure, measured a maximum of four (4) feet from the exterior surface of the structure. 99. Historic Tree: A tree which has been found by the Town to be of notable historic interest because of its age, type, size or historic association and has been so designated by the official records of the Town. 100. Home Occupation: A home occupation is an occupation carried on in the home by a member of the occupant’s family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations tin the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried on in the main structure only. 101. Hospital: Shall mean a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. 102. Hotel or Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. An establishment, providing for a fee, sleeping accommodations of at least 250 sq. ft. in each guest room; and customary lodging services including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service; and providing a lobby for public reception and check-in with on-site staff required seven (7) days a week, twenty-four (24) hours per day; and a restaurant with kitchen facilities providing service to the Planning and Zoning Commission Page 24 of 28 Meeting Date: October 20, 2011 general public. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities. 103. HUD-Code Manufactured Home: A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 104. Industrialized Housing: A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to i. Housing constructed of sectional or pannelized systems not utilizing modular components; or ii. Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. 105. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 106. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 107. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has Planning and Zoning Commission Page 25 of 28 Meeting Date: October 20, 2011 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: September 8, 2011 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: September 14, 2011 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Tuesday, October 4, 2011 TOWN COUNCIL Monday, October 17, 2011 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Tuesday, October 4, 2011, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations for all public/government owned and operated uses; and amending a definition for “hotel or motel”; and adopting a definition for “bank or financial institution”. The Town Council will hold a public hearing to consider the above items on Monday, October 17, 2011, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission Page 26 of 28 Meeting Date: October 20, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-563-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/17/2011 Planning & Zoning Commission On agenda:Final action:10/20/2011 Title:Discussion and Recommendation regarding changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Attachments: Action ByDate Action ResultVer. Title Discussion and Recommendation regarding changes to the Town of Trophy Club Comprehensive Zoning Ordinance, amending various sections of Chapter 13-Zoning, including without limitation, amending and adopting new regulations for all public/govenment owned and operated uses; and amending a definition for "hotel or motel"; and adopting a definition for "Bank or Financial Institution". (ADM-11-008) Planning and Zoning Commission Page 27 of 28 Meeting Date: October 20, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-569-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/17/2011 Planning & Zoning Commission On agenda:Final action:10/20/2011 Title:Discussion of a Planned Development District for a 26.354 acre tract of land located on State Highway 114 and Trophy Club Drive. Attachments: Action ByDate Action ResultVer. Title Discussion of a Planned Development District for a 26.354 acre tract of land located on State Highway 114 and Trophy Club Drive. Body Document is not attached. It will be presented to the Planning and Zoning Commission at the meeting. Planning and Zoning Commission Page 28 of 28 Meeting Date: October 20, 2011