Agenda Packet P&Z 12/20/2012Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMThursday, December 20, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
1.2012-634-T Review and approve minutes of the December 6, 2012 Planning and Zoning
Commission meeting.
MeetingMinutes 120612.pdfAttachments:
REGULAR SESSION
2.2012-644-T Discussion and take appropriate action to consider allowing construction at
Lakeview Elementary School during the holiday break, December 21, 2012
to January 2, 2013.
Staff Report - PZ 122012 -Temporary Construction.pdfAttachments:
3.2012-635-T Discussion of permitted uses in zoning districts, Article III of Chapter 13 of
the Town of Trophy Club Code of Ordinances.
Article III, Chapter 13 - Zoning Ord Use Tables.pdfAttachments:
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Planning and Zoning Commission Page 1 of 22 Meeting Date: December 20, 2012
December 20, 2012Planning & Zoning Commission Meeting Agenda
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, December 17, 2012, by
7:00 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
______________________, 2012.
________________________________, Title: ___________________________
Planning and Zoning Commission Page 2 of 22 Meeting Date: December 20, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-634-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/8/2012 Planning & Zoning Commission
On agenda:Final action:12/20/2012
Title:Review and approve minutes of the December 6, 2012 Planning and Zoning Commission meeting.
Attachments:MeetingMinutes 120612.pdf
Action ByDate Action ResultVer.
Title
Review and approve minutes of the December 6, 2012 Planning and Zoning Commission meeting.
Planning and Zoning Commission Page 3 of 22 Meeting Date: December 20, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Planning & Zoning Commission
7:00 PM Svore Municipal Building BoardroomThursday, December 6, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Hill called the Planning and Zoning Commission meeting to order at 7:00
p.m. and announced a quorum present (7 members).
COMMISSION MEMBERS:
Vice Chair James Stephens, Commissioner Dennis Sheridan,
Commissioner Dale Forest, Chairman Gene Hill, Commissioner Clayton
Reed, Commissioner Joe Lancor, and Commissioner Mark Sadley
Present:7 -
STAFF PRESENT:
Carolyn Huggins, Community Development Director
GUESTS PRESENT:
Shane Harris, RGA Architects
Rick Gilliland, RGA Architects
Justin Lansdowne, G&A Consultants, Inc.
2012-584-T1.Review and approve minutes of the November 15, 2012 Planning and
Zoning Commission meeting.
MeetingMinutes 111512.pdfAttachments:
A motion was made by Commissioner Forest, seconded by Commissioner
Reed, that this Agenda Item be Approved . The motion carried by the following
vote.
Aye:Vice Chair Stephens, Commissioner Forest, Chairman Hill, Commissioner
Reed, Commissioner Lancor, and Commissioner Sadley
6 -
Abstain:Commissioner Sheridan1 -
PUBLIC HEARING
2012-585-T2.Public Hearing regarding a request for a Zoning Change from "R-12"
Single Family Residential to "NS" Neighborhood Services for an
approximate 11.603 acres located at 800 Trophy Club Drive at the
southwest corner of the Roundabout -- Trophy Lake Drive and Trophy
Club Drive intersection. Applicant: Shane Harris, RGA Architects on
behalf of The Church at Trophy Lakes. (ZCA-12-018)
Planning and Zoning Commission Page 4 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
Staff Report - PZ 120612.pdf
Application.pdf
NS Regulations.pdf
Use Tables.pdf
Newspaper - Public Hearing Notice.pdf
Property Owner Notification.pdf
Attachments:
Public Hearing completed by Planning and Zoning Commission.
Public Hearing will be held by Town Council on 12/10/2012.
REGULAR SESSION
2012-586-T3.Discussion and recommendation regarding a request for a Zoning
Change from "R-12" Single Family Residential to "NS" Neighborhood
Services for an approximate 11.603 acres located at 800 Trophy Club
Drive at the southwest corner of the Roundabout -- Trophy Lake Drive
and Trophy Club Drive intersection. Applicant: Shane Harris, RGA
Architects on behalf of The Church at Trophy Lakes. (ZCA-12-018)
Chairman Hill announced the case and asked Ms. Huggins for a staff report.
Ms. Huggins stated that this is a rezoning request for the Church at Trophy Lakes,
800 Trophy Club Drive which is located at the roundabout – which is the intersection
of Trophy Club Drive and Trophy Lake Drive.
“This rezoning request is the first step by the church to take the property from a legal
nonconforming use to a “conforming” use. Let me explain what that means.
The church was originally built in 1985, prior to incorporation. Since the Town wasn’t
incorporated, the church filed their plans with Denton County and built their building.
Had the Town been incorporated prior to the church being built, the church would
have been required to do three things: 1) be properly zoned for a church; 2) be
platted and produce infrastructure engineering documents prior to constructing a
building; and 3) submit a site plan. None of that was done because the Town wasn’t a
“town” yet and those rules didn’t apply. So, when the town incorporated, existing
buildings became legal buildings – because they were there first – but
non-conforming because the zoning and platting of the property did not “conform” to
the Town’s zoning and platting regulations. Property that is legal, non-conforming
can stay that way until the property owner decides to change the footprint of the
building. This is where we are at today.
The church is planning to remodel and expand the existing building. Because of that,
they now need to come into conformance with the Town’s ordinances. The first step
is zoning – and “zoning” is the use of the property. The property is currently used as
a church and a day care. So in looking at the zoning ordinance, are those “uses”
allowed in R-12 zoning? R-12 zoning is meant primarily for single family housing.
R-12 does allow a church as a conditional use (CUP); does not allow a day care or
kindergarten. So, the property owners are requesting a change to “NS”
neighborhood services which allows a church, allows a day care and allows a primary
school. And the church, with this remodel and expansion is planning to add a private
school for kindergarten through grade 3 to their campus. They may continue to
additional grades in the future. All of these are allowed uses in Neighborhood
Services (NS) zoning.
Planning and Zoning Commission Page 5 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
As I mentioned, this is the first step – in the near future you will see a preliminary and
final plat for this property as well as a site plan.
The applicant, Shane Harris, with RGA Architects is present to answer any questions
you may have.
Staff recommends approval as this will bring the property into conformance with the
Town’s current zoning regulations.”
Vice Chairman Stephens: “Having read over the materials, there will be a couple of
variances needed. The height of the steeple exceeds the new zoning. Is that going
to be a problem?”
Ms. Huggins: “Yes, sir, it will require a variance and you will see that with the site
plan. The applicant will probably have to go to ZBA before the site plan can come to
P&Z and Council in order to request a variance for the steeple.
Commissioner Sheridan: “Why didn’t they just make it a PD? Why go straight
zoning?”
Ms. Huggins: “We had a number of discussions about what was the best fit and it
didn’t seem that a PD is needed as NS meets the requirements of the uses that they
wish to have on the property. It fits well with Neighborhood Services.”
Commissioner Sheridan: “I object to No. 9 on straight zoning, the developmentally
disabled facility. But other than that I am very positive to what you are trying to do.
When you do a straight zoning, which we’ve run into before, it’s the little itty bitty thing
that we forgot to look at that catch us. There is a lot of land there to develop, and
also to sell off hard corners for other development. I’m not saying the church would
or wouldn’t. I’m thinking years from now. As this Commission has come across,
straight zoning down the road has bit us in the wrong way.”
Commissioner Sadley: “The church was exempt from the zoning because they were
here before. What about the day care?”
Ms. Huggins: “In looking at the history of this property it looks like at the time of
incorporation it was only a church. It seems the daycare was added later and there
are some letters between the church and the Town where the church was asked to
come forward and address that situation. It was at least six years ago when those
letters were exchanged. It wasn’t forced because they didn’t change the footprint of
the building. The daycare was inside the building.”
Commissioner Sadley: “I drive by the church all the time and I noticed in the back of
the church there is a metal building.”
Ms. Huggins: “Yes, sir, they have a permit for a temporary trailer for the daycare to
use until the remodel and expansion is done. Once the remodel and expansion is
complete, that temporary building must be removed.”
Commissioner Lancor: “I was looking at the things allowed in NS and I am
concerned. Southlake has been plagued with disabled convalescent care nursing
facility applications along 1709 and I know this would make a cell tower radio
television microwave tower as a conditional use permit. I don’t like the idea that a
liquor store and beer and wine sales off premise is contemplated under this zoning.
That doesn’t seem like a great door to open. While the master plan is very old, I
wonder if it wouldn’t be more comfortable if we knew more specifically what we are
approving rather than the general up-zone more towards a commercial zone with
Planning and Zoning Commission Page 6 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
neighborhood services that maybe if this thing was handled as a CUP there wouldn’t
be the unknowns. We wouldn’t have an application for a cell tower, liquor store,
developmentally disabled, or nursing home.”
Ms. Huggins: “Any SUP or CUP comes before the Planning and Zoning Commission
and Town Council and more than likely would not pass.”
Commissioner Lancor: “I understand, but it opens the door for them to try.”
Ms. Huggins: “It might be beneficial to have the applicant address what their long
range plans are for this property. They have been there 25 years and I believe they
plan to be there for a whole lot longer.”
Commissioner Reed: “I would like to hear from the applicant a discussion of what
their plans are.”
Chairman Hill called the applicant to the podium to make a statement.
Shane Harris, RGA Architects, 301 S. Oak St., Roanoke, Texas, came forward and
stated that he represents the church. He explained that they have mapped out a
series of master plans for the church that include a larger sanctuary, additional
classrooms; basically filling out the site. The church has no intent to sell off any of
the property or to use it for any other use.”
Commissioner Sheridan: “We can legitimately deny a CUP?”
Ms. Huggins: “Yes, sir. If the Commission believes that is not an appropriate use for
that property it can be denied based on the fact that the Commission believes it is not
a good fit for the property.”
Commissioner Sheridan: “If the issue of usage was big enough to take a no vote,
what would be the cost to the applicant to reprocess as a PD.?”
Ms. Huggins: “I would need to check the Fee Schedule to make sure this is correct,
but they would have to re-file and pay as a new submittal. It would take a minimum
of eight (8) weeks to bring the PD document back to you as a zoning change.”
Commissioner Sheridan: “Even though this isn’t their fault?”
Ms. Huggins: “There is no guarantee of approval, that’s the chance they take.”
Commissioner Sheridan: “Where are you at with your planning? Are you ready to
build?”
Mr. Harris: “We are waiting for site plan comments to come back so we can turn
around the site plan. We started the process in October and went with NS
Neighborhood Services thinking it would move faster if we stuck with straight zoning.”
Commissioner Sheridan: “It was my thought that in the time I’ve been on P&Z that
everything was going to come to us as a PD. We were not going to get any straight
zoning requests because of issues like this. That goes back a long way. As a
Commissioner we have more power, more say, when it comes in as a PD.”
Vice Chairman Stephens: “Did you look at the possibility of a PD?”
Mr. Harris: “We did. It was timing. The school wants to be open in September 2013.
We are pushing to get under construction the beginning of next year so as we
backtrack to October when we started the process with the Town we decided to go
Planning and Zoning Commission Page 7 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
with NS.”
Vice Chairman Stephens: “So you can live better with the restrictions of NS than the
PD because of the timeframe.”
Mr. Harris: “The creation of the PD would have taken longer than we expected the
variances required to fall under Neighborhood Services.”
Commissioner Sadley: “How long does it take to change this chart?”
Ms. Huggins: “That’s the standard use tables for the Town and they’ve been around
25 years. It’s possible to make changes.”
Commissioner Sadley: “I think Joe’s experience in Southlake with some of the
problems that they’ve experienced might need to be taken into effect in this chart.
Because it seems like it might open up to the Town and the Church something that
isn’t appropriate.”
Ms. Huggins: “It is possible to change the tables. It would not change existing but
any future development would be subject to the use tables.”
Commissioner Sadley: “Perhaps changing a couple of these to conditional instead of
permitted might be a good idea.”
Commissioner Lancor: “It would give additional control. It would be another way of
having oversight. I’m concerned that right now you guys have a variance to go
through for the chapel height, but by the time you stack that up, it might be better to
do the whole thing as a use permit. It’s uncomfortable to approve a blank zone
change and a blank site plan and we don’t know what is going to happen here. Our
manual, our use tables, say cell towers, liquor stores, etc.”
Commissioner Sheridan: “Anything about future changes or selling off a piece of
property has nothing to do with your integrity. We have had applicants in here before
and then a month later… Anything I say along that line is not meant to be towards
the church or you personally.”
Vice Chairman Stephens: “Well in light of what Carolyn has said that if any changes
are coming down the pike at a later date they have to come back before us and we
would have an opportunity to address that and the time constraints that the church is
facing, I don’t have a problem with making a motion that we approve their
application.”
Chairman Hill: “Is there a second?”
Commissioner Reed: “Carolyn, if we approved it as it is tonight and then at some
later date we decide to change the use tables will they have to comply with the new
tables or the old tables?”
Ms. Huggins: “New, if they make a change to their building footprint or property.”
Commissioner Reed: “So, we can approve it tonight and change the use tables at a
later date and still cover ourselves completely?”
Ms. Huggins: “Yes, sir.”
Commissioner Lancor: “Probably change the liquor store.”
Commissioner Sheridan” “The liquor store needs a CUP and the Commission can
Planning and Zoning Commission Page 8 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
deny that.”
Vice Chairman Stephens: “Point of Order. We have a motion before the body. We
need to second or not and then we can discuss.”
Chairman Reed: “I didn’t hear the motion.”
Vice Chairman Stephens: “The motion is that we approve the applicant’s request.
Commissioner Reed: “I’ll second.”
Vice Chairman Stephens: “Now then we can discuss.”
Chairman Hill: “Now we can continue the discussion.”
Commissioner Sheridan: “I’m in agreement with Joe and the fact that when it is an
SUP or CUP that we have the right to say no. It’s the things that are automatically
without… somebody comes in they don’t have to come back to us at all and that’s the
disabled and stuff like that. How would I initiate a change in the tables?”
Ms. Huggins: “Send me an email and I’ll take it from there. It would be discussed
with the Development Review Committee (all of the staff) and would need approval
from the Assistant Town Manager and the Town Manager to move forward.”
Commissioner Sheridan: “Then we don’t have the authority to change that because it
may never get back to us.”
Ms. Huggins: “You do have the authority to change it. You are starting the request
and I have to get approval from….”
Commissioner Sheridan: “I know, but the bureaucracy rolls and it may never come
back…”
Ms. Huggins: “and may I say that, Gentlemen, in defense of straight zoning tonight
one of the things that was frightening to bringing a PD before you was what
happened with PD-30. Developers are a little frightened of bringing a PD before
Trophy Club.”
Commissioner Sheridan: “And that has nothing to do with the Planning and Zoning
Commission; that has 100% to do with the applicant and possibly the staff. That’s my
opinion.”
Ms. Huggins: “and the Council?”
Commissioner Sheridan: “If we would change the use chart I would favor the
applicant tonight.”
Chairman Hill: “You’ll send an email and start the process…”
Commissioner Sheridan: “I’ll send you an email requesting a change to the use
tables.”
Ms. Huggins: “I will put it on the next Planning and Zoning Commission agenda for
discussion to start it moving forward.”
Commissioner Sheridan: “That handled my objection.”
Chairman Hill: “Any further discussion? There is a motion and second to
Planning and Zoning Commission Page 9 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
recommend to the Town Council a request for a zoning change from “R-12” Single
Family Residential to “NS” Neighborhood Services for the property located at 800
Trophy Club Drive, southwest corner of the roundabout, Trophy Lake Drive and
Trophy Club Drive. All in favor?” Six in favor, one opposed.
Ms. Huggins: “Six in favor and Commissioner Lancor voted against.”
Chairman Hill: “This will go before the Council…?”
Ms. Huggins: “Monday, December 10.”
Mr. Harris: “Thank you very much.”
A motion was made by Vice Chair Stephens, seconded by Commissioner Reed,
that this Agenda Item be Recommended for Approval to the Town Council , on
12/10/2012. The motion carried by the following vote.
Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Forest,
Chairman Hill, Commissioner Reed, and Commissioner Sadley
6 -
No:Commissioner Lancor1 -
2012-587-T4.Update of Future Agenda Items
Possible Agenda Items - PZ.pdfAttachments:
Ms. Huggins gave a recap of the two projects that will be heard and considered by
Council on Monday: 1) the Neighborhood 5, Phase 2E plat that the Commission
heard on November 15, 2012; and 2) the rezoning request for the church just
considered and recommended for approval by the Commission this evening.
Other projects the Planning and Zoning Commission will see in the near future:
• The Church at Trophy Lakes has already submitted a preliminary and final plat
and site plan. These are both under consideration and review and the plan shown
tonight may not be what is brought before the Commission. These could possibly
change as review continues.
• Sign Regulations Revisions – possibly to P&Z on January 17.
• Lakeview Elementary has revised their site plan for a remodel and expansion. A
drainage study is required and they will most likely need to have a detention pond on
the property.
• Plaza Shopping Center, PD-21, addition of a Tom Thumb Fuel Station
o Additional discussion of other changes taking place on that property
New owners
Tenants who have left; new and possible new tenants
• Loss of Majestic Liquor Store
• PD-25 Replat of Lot 2R, Block B – to subdivide into two lots; one for a dentist
office and the other possibly for a restaurant
• Medlin Middle School – Replat and Site Plan; replatting to include water tower
site and Parkview vacation into the property and to bring their site plan current.
• Trophy Club Commons –Pre-construction meeting possibly next week to release
construction of Phase 2 (work in the floodplain)
Commissioner Sadley: “On the school, the turnaround for the buses runs along the
property line adjacent to residential. Is the 40-ft. buffer required?”
Ms. Huggins: “Yes, sir, and they do have it.”
Vice Chairman Stephens: “Have they already moved a construction trailer onto that
site?”
Planning and Zoning Commission Page 10 of 22 Meeting Date: December 20, 2012
December 6, 2012Planning & Zoning Commission Meeting Minutes
Ms. Huggins: “No, like the church, they applied for a permit for a temporary trailer to
use as classrooms. They are hoping to have construction done by August – by the
time school starts – but it is going to be tight. If they don’t get that done they will need
to house the kids in temporary classrooms. Just like the church they will be required
to remove the trailer once the expansion is complete.”
Discussion Only - No action taken
ADJOURN
Meeting adjourned at 7:45 p.m.
_________________________________________
Gene Hill, Chairman
_________________________________________
Carolyn Huggins, Community Development Director
Planning and Zoning Commission Page 11 of 22 Meeting Date: December 20, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-644-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/17/2012 Planning & Zoning Commission
On agenda:Final action:12/20/2012
Title:Discussion and take appropriate action to consider allowing construction at Lakeview Elementary
School during the holiday break, December 21, 2012 to January 2, 2013.
Attachments:Staff Report - PZ 122012 -Temporary Construction.pdf
Action ByDate Action ResultVer.
Title
Discussion and take appropriate action to consider allowing construction at Lakeview Elementary School
during the holiday break, December 21, 2012 to January 2, 2013.
Planning and Zoning Commission Page 12 of 22 Meeting Date: December 20, 2012
SUBJECT: Discuss and take appropriate action regarding a request for
approval to do construction work at Lakeview Elementary
School, 100 Village Trail, during the holiday break,
December 21, 2012 to January 2, 2013
On November 7, 2012, Northwest ISD submitted a site plan for review in order to
bring before the Planning and Zoning Commission and Town Council a request
for approval of a revised site plan for Lakeview Elementary School located at 100
Village Trail. NISD is planning to remodel and expand the school. The site plan
review is currently underway and the Planning and Zoning Commission will hear
this request in January 2013.
In the meantime, NISD requests that they be allowed to perform some
construction work over the holiday break, December 21, 2012 to January 2, 2013
to allow the contractor and District greater flexibility when rerouting students and
vehicles next semester when construction on the remodel and addition begins.
The scope of work is:
• demolition of a portion of the front drive
• grading for the new pavement
• pouring the proposed drive and stalls
• water line connections under the new pavement
• a temporary partition in the gymnasium
• a temporary partition in the library
As shown on the attached Sheet C2 in the “clouded area”, NISD would like to
remove a portion of the existing drive and exit in front of the school. This would
be replaced with the pavement shown in the “clouded area” on Sheet C3. A new
water line will cross the new exit driveway and this portion of the water line will be
constructed during the holiday break. This line is not shown on the plans but will
be pointed out to the Commission at the meeting by the applicant’s engineer.
PLANNING & ZONING COMMISSION
STAFF REPORT
December 20, 2012
Temporary Construction
December 21, 2012 to January 2, 2013
Lakeview Elementary School
Planning and Zoning Commission Page 13 of 22 Meeting Date: December 20, 2012
This line has MUD approval to be constructed during the break and will be
capped until the site plan is approved by the Planning and Zoning Commission
and Town Council and overall construction of the project begins.
The purpose of the drive extension is to allow for additional queuing for pickup
and drop-off of students. The front entrance paving and sidewalks will remain to
allow access to the school. In addition, the paving to the dumpsters and
delivery/maintenance area will remain open. The proposed paving will add 40
stalls and approximately 200-ft. to the front drive loop. The new “exit” drive
connection to Village Trail will line with Sonora Drive to the west of the drive’s
current location.
NISD is also requesting permission to construction two temporary partitions
inside the school building.
Sheet AD111 highlights the temporary partition that will be constructed in the
gymnasium. A secondary ingress/egress will be required if the Commission
grants permission for this construction to take place. The wall in the gymnasium
area is required for safety reasons as the new cafeteria addition will be
constructed immediately outside the existing gymnasium. It will also be required
for securing the building envelope as the existing exterior wall of the gymnasium
will be removed during future phases of construction.
Sheet AD112 highlights the temporary partition that will be constructed in the
library in order to create an additional classroom away from construction
activities for the purpose of safety. The library area and new classroom created
by the addition of the temporary partition will meet the requirements for
ingress/egress.
These walls shall be constructed using metal/wood stud framing, drywall, and will
be painted. These partitions shall remain in place until construction is completed.
ACTION: A motion of approval for temporary construction to occur at Lakeview
Elementary School from December 21, 2012 to January 2, 2013 will grant
permission to NISD for the above considerations.
ch
Attachments: Hardcopies – 24x36 Sheets C2, C3, AD111, AD112
Planning and Zoning Commission Page 14 of 22 Meeting Date: December 20, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-635-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/8/2012 Planning & Zoning Commission
On agenda:Final action:12/20/2012
Title:Discussion of permitted uses in zoning districts, Article III of Chapter 13 of the Town of Trophy Club
Code of Ordinances.
Attachments:Article III, Chapter 13 - Zoning Ord Use Tables.pdf
Action ByDate Action ResultVer.
Title
Discussion of permitted uses in zoning districts, Article III of Chapter 13 of the Town of Trophy Club Code
of Ordinances.
Planning and Zoning Commission Page 15 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
Article III
Establishment of Districts
Section 3.01 District Classifications
The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown
and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this
reference:
R-15 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 15,000 square feet in area.
R-12 Single Family Residential District: A zone designed to accommodate single family development
on lots that are a minimum of 12,000 square feet in area.
R-11 Single Family Residential District: A zone designated to accommodate single family development
on lots that are a minimum of 11,000 square feet in area.
R-10 Single Family Residential District: A zone designed to accommodate single family development
on lots that are a minimum of 10,000 square feet in area.
R-9 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 9,000 square feet in area.
R-8 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 8,000 square feet in area.
R-Fairway Village; R-Twenty In Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are zones
designed to accommodate single family residential areas already platted and either developed or
undeveloped on the date of adoption of this ordinance.
MH-HUD Code Manufactured Home and Industrialized Housing District: A zone designed to provide
adequate space and restrictions for the placement of HUD-Code Manufactured Homes and Industrialized
Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in
this Ordinance.) The MH District is also established to provide housing densities compatible with existing
and proposed neighborhoods by providing alternative housing types both in construction and economy
within the MH District.
PD Planned Development District: A zone designed to accommodate development with a variety of
types of uses in accordance with a site plan.
NS Neighborhood Service District: A zone district designed to provide limited low impact service type
facilities to residential areas, and not including retail uses.
PO Professional Office: A zone district designed to provided for attractive, low to moderate intensity
office and professional uses.
CG Commercial General District: A zone designed to provide locations for local neighborhood shopping
and personal service needs of the surrounding area, to accommodate general retail shopping and to
accommodate low intensity business 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.
CR Commercial Recreation District: A zone designed to accommodate development of privately owned
recreational areas and low intensity business offices that are directly related to and designed and sited to
Planning and Zoning Commission Page 16 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
be compatible with the recreational use.
GU Governmental Use District: A zone intended to apply to those lands where national, state or local
governmental activities are conducted and where title to such lands is held by a governmental entity.
H Historic Landmark Designation District: A designation intended to apply to areas of historic,
architectural, archaeological or cultural importance or value which merit protection, enhancement and
preservation in the interest of the culture, prosperity, education and welfare of the public.
(Ord No. 98-29, § XI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XI, 3-21-00)
Planning and Zoning Commission Page 17 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
Section 3.02 Classification of New and Unlisted Properties
A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the
question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an
interpretation as to the zoning classification into which such use should be placed. The referral of
the use interpretation question shall be accompanied by a statement of facts listing the nature of the
uses and whether it involves dwelling activity, sales, processing, type of product, storage, and
amount and nature thereof, enclosed or open storage, anticipated employment, transportation
requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be
generated and the general requirements of public utilities, such as water and sanitary sewer.
B. Assignment to Use District: The Planning and Zoning Commission shall consider the nature and
described performance of the proposed use and its compatibility with the uses permitted in the
various districts and determine the zoning district or districts within which the use should be
permitted.
C. Recommendation to the Town Council: The Planning and Zoning Commission shall transmit its
findings and recommendations to the Town Council as to the classification proposed for any new or
unlisted use. The Town Council shall, by ordinance, approve the recommendation of the Planning
and Zoning Commission or make such determination concerning the classification of such use as it
determines appropriate, based on its findings.
(Ord No. 98-29, § XII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XII, 3-21-00)
Planning and Zoning Commission Page 18 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
Section 3.03 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
Developmentally
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
C. EDUCATIONAL
1. Children’s Day Care
Center & Kindergarten P P
2. Junior Colleges,
Colleges & Universities
3. Schools, Private
Business &
Professional
P
4. 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
Planning and Zoning Commission Page 19 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
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
D. COMMUNITY FACILITIES
1. Athletic Field,
Stadium, Auditorium,
Gym
P
2. Cemetery and
Mausoleums P
3. Commercial
Swimming Pool P
4. Cultural Buildings and
Facilities C C C P
5. Golf Course,
Clubhouse, Related
Facilities
P
6. Gov. Maint Bldg,
Storage Yards C C C
7. Municipal Admin,
Public Service
Facilities
P P P P P P P P P P P P P P P P P
8. Park, Playground,
Playlots, Related
Facilities
P P P P P P P P P P P P P P P P P
9. Privately Owned &
Operated Playground C C C C C C C C C C C C C C C C C
10. Public Animal Pounds
& Shelters
11. Public Safety Facilities P P P P P P P P P P P P P P P P P
13. Radio, Television
Microwave Towers C C C C C C C C C C C C C C C C C
14. Social, Recreational,
Assembly Bldgs P P P
15. Tennis, Handball,
Racquet Ball Clubs P
16. Utility Facilities,
Garage, Storage
Bldg/Yard
C C
17. Utility Facilities,
Distribution Lines P P P P P P P P P P P P P P P P P
18. Utilities Facilities,
Energy Plant C C
19. 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
Planning and Zoning Commission Page 20 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
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
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
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
Planning and Zoning Commission Page 21 of 22 Meeting Date: December 20, 2012
Chapter 13 - Zoning
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
G. RETAIL CONT’D
31 Sale of Mixed
Beverages in
Restaurants by Food
& Beverage
Certificate Holders
Only
S* S* S* S* S* S*
32 Sporting Goods Store P P
33 Wallpaper, Paint
Store
P
34 Wearing Apparel
Store
P
H. RECREATIONAL
1. Community Center
(Non-Profit) 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)
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 22 of 22 Meeting Date: December 20, 2012