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Agenda Packet P&Z 02/20/2014Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:30 PMThursday, February 20, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM EXECUTIVE SESSION 1.2014-923-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session as authorized by Section 551.071 to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act [§551.071 (2)]. (1) Legal Advice relative to zoning authority, discretion and authority of Planning and Zoning Commission, and pending zoning applications CONVENE INTO REGULAR SESSION APPROVAL OF MINUTES 2.2014-866-T Review and approve the minutes of the December 18, 2013 Planning and Zoning Commission meeting. MeetingMinutes 121813.pdfAttachments: 3.2014-869-T Review and approve the minutes of the January 16, 2014 Planning and Zoning Commission meeting. MeetingMinutes 011614.pdfAttachments: Planning and Zoning Commission Page 1 of 195 Meeting Date: February 20, 2014 February 20, 2014Planning & Zoning Commission Meeting Agenda 4.2014-867-T Discussion and Recommendation regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. 2014 Staff Report - PZ - Garage Sale Request.pdf 2014 Application.pdf Attachments: 5.2014-857-T Discussion and recommendation regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC Staff Report - PZ 022014 - NH 7 Ph 3C.pdf Town Engineer Review and Approval.pdf Attachments: 6.2014-868-T Discussion and recommendation regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Staff Report - PZ 022014 - Beck Elementary Site Plan.pdf TNP - Town Engineer Approval.pdf Application.pdf Attachments: 7.2013-762-T Discussion and recommendation regarding revisions to Town Sign Ordinance relative to political signage. Staff Report - PZ - 022014.pdf Article IV - Sign Regulations - Redline.pdf City Comparison Chart - Political Signage.pdf Attachments: PUBLIC HEARING 8.2014-870-T Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Staff Report - PD-30 Amendment Request.pdf REDLINE.pdf Exhibit H - Proposed New Concept Plan.pdf Exhibit I - Proposed New Preliminary Site Plan.pdf Lists of Public Hearing Speakers.pdf Public Hearing Notice - Newspaper - Rescheduled - PD-30.pdf Public Hearing Notice - Residents.pdf Attachments: Planning and Zoning Commission Page 2 of 195 Meeting Date: February 20, 2014 February 20, 2014Planning & Zoning Commission Meeting Agenda CLOSE PUBLIC HEARING AND RECONVENE INTO REGULAR SESSION 9.2014-871-T Discussion and recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. 10.2013-763-T Staff liaison update of current and future items; questions and/or discussion. 11.2013-764-T Items for future agendas. 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 Friday, February 14, 2014, by 5:00 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 ______________________, 2014. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 3 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-923-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/3/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session as authorized by Section 551.071 to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act [§551.071 (2)]. (1) Legal Advice relative to zoning authority, discretion and authority of Planning and Zoning Commission, and pending zoning applications Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session as authorized by Section 551.071 to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act [§551.071 (2)]. (1) Legal Advice relative to zoning authority, discretion and authority of Planning and Zoning Commission, and pending zoning applications Planning and Zoning Commission Page 4 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-866-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Review and approve the minutes of the December 18, 2013 Planning and Zoning Commission meeting. Attachments:MeetingMinutes 121813.pdf Action ByDate Action ResultVer. Review and approve the minutes of the December 18, 2013 Planning and Zoning Commission meeting. Planning and Zoning Commission Page 5 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Fire Station Training RoomWednesday, December 18, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Senelly called the December 18, 2013 Planning and Zoning Commission meeting to order at 7:00 p.m. and announced a quorum present (7 members). COMMISSION MEMBERS: Chairman Richard Senelly, Commissioner Fred Allen, Commissioner Mark Sadley, Commissioner Dennis Sheridan, Commissioner Garrett Reed, Commissioner Brent Card, and Vice Chair Larry Vowell Present:7 - STAFF PRESENT: Carolyn Huggins, Community Development Director Tom Rutledge, Town Engineer, Teague Nall & Perkins Rick Horn, Planner, Teague Nall & Perkins Robbie Killingsworth, Reporting Secretary GUESTS PRESENT: Raj Patel, Holiday Inn Land Owner Mozar Islam, Engineer, Civil Urban Associates, Inc. Mahbub Dewan, D1 Architect & Associates, Inc. James Ling, Huling Enterprises, LLC Greg Lamont, Councilman Philip Shoffner, Councilman Chairman Senelly: We have one project on the agenda for this evening and two items regarding that project. The project tonight is the Holiday Inn. It is part of PD-25. Besides this site, there are a few more vacant parcels in PD-25. This PD was approved back in 2002. This is the first time the Planning and Zoning Commission has seen an application to actually implement this PD on this particular piece of property. Now, we’ve had, as you all know, a number of drawings submitted. There were corrections that had to be made. We are going to do our best tonight to consider the application completely and as positively as we can. I would ask that the applicant select one person to speak to us tonight so that we have one voice that we are hearing. You can confer with each other but in terms of presentation and response to questions, we’d ask you to have one person assigned to do that. And now I will ask our Commissioners to get all your questions and comments in tonight, if you have any. Some of us may not have many; some of us may have several. With that said, we are going to start with approval of the minutes of November 21, 2013. 2013-759-T1.Review and approve the minutes of the November 21, 2013 Planning and Zoning Commission meeting. Planning and Zoning Commission Page 6 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes MeetingMinutes 112113.pdfAttachments: A motion was made by Commissioner Allen, seconded by Commissioner Sadley, that this agenda item be Approved. The motion carried by the following vote. Aye:Chairman Senelly, Commissioner Allen, Commissioner Sadley, Commissioner Sheridan, Commissioner Card, and Vice Chair Vowell 6 - Abstain:Commissioner Reed1 - REGULAR SESSION 2013-760-T2.Discussion and Recommendation regarding a request for approval of a Replat for Trophy Wood Business Center, Lot 3-R-3, Block B, being a replat of Lot 3R2, Block B of Trophy Wood Business Center. Owner: Raj Patel, Shri Shidhi Vinak Hospitality, LLC. Staff Report.pdf Application - Replat.pdf Holiday Inn -Southlake Permit.pdf Attachments: Chairman Senelly announced the case and asked for a staff report. Ms. Huggins: Robbie is going to give you a handout. Normally I would project onto the screen the location of the property we are considering but because of the constraints of the room it is easier to view the handout. On the first page is the original concept plan for PD-25. Holiday Inn is going to be built on Tract 9 of PD-25. To the North is an area that says “Out”. That site was recently rezoned PD-33, Hillside Pointe, for residential. To the west of the Holiday Inn site is Tract 8; it is vacant. To the south, Tract 5, which is where the Value Place Hotel is located. Tract 4 is Dr. Crumpton’s site. Tracts 1, 2, and 3 are all vacant. Tract 7 is where the Hampton Inn is located. Tract 6 is vacant. On the next page of the handout is the replat for this property. The third page is the aerial view of where this site is located. As noted on page 22 of your packet, the replat needed five revisions. Those revisions have been made. They are on the sheets that were passed out to you tonight. This plat meets the Town Subdivision Rules and Regulations, and staff asks for approval. Chairman Senelly then asked the applicant for his presentation. Mahbub Dewan: My name is Mahbub Dewan, Architect. I represent D1 Architect & Associates, Inc. Good evening. My client is Mr. Raj Patel. He is the owner. Also here is Mozar Islam, the civil engineer for the project. We also have James Ling, representing Huling Enterprises, LLC. We started this project more than a year ago. We are in a time restraint being at the year’s end. The hotel will have a full service restaurant and indoor swimming pool and provide 123 guest rooms. The building will face Plaza Drive and the restaurant will be at the front of the building to better serve the community. The owner is negotiating to have a specialized restaurant called Johnny’s Italian Steak House. This is more specialized than the typical Holiday Inn restaurants. This should be a very high-end steak house. Mr. Dewan then pointed out additional features of the hotel -- the reception area, main hall, banquet hall, restaurant, and kitchen. He showed a floor plan of a typical guest room. Mr. Dewan stated that the exterior building material will be stone, at the base, with some brick and ornamental elements for balance. There is an outside patio terrace. Commissioner Allen: Are any Johnny’s steak houses located in Texas? Planning and Zoning Commission Page 7 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Mozar Islam: Not yet. Mahbub Dewan: Not yet. This is the first one. Commissioner Allen: Currently they are where? Raj Patel: Iowa Commissioner Allen: What city? Commissioner Allen: Des Moines Commissioner Allen: Any others? I saw one in Kansas. Raj Patel: Yes, one in Kansas. Commissioner Allen: Any others? Raj Patel: There are 7 or 8 locations so far. Commissioner Allen: 8? Raj Patel: 8. Commissioner Allen: Any in Oklahoma? Raj Patel: No, not yet. Commissioner Sadley: Which direction does the exhaust go for the steak house? Where does the exhaust come out? Mozar Islam: On the West side. Away from the residential side. We’ve tried to place as much landscaping as possible on the north side of the building adjacent to residential. Chairman Senelly: Commissioners, questions? Commissioner Reed: We put residential behind here which originally wasn’t planned that way. You were talking about venting. Are you going to go with black iron vents or are you going to vent out the side with a scrubber on it? I am talking about for the kitchen. Are you going up to the roof or are you going scrubbers on the side? I guess my questions is, “Are you going to pull the exhaust to the roof and out or are you going to send it out to the side?” Mozar Islam: Sending it out to the side. Commissioner Reed: Is there going to be scrubbers on it? Mozar Islam: Scrubbers, or that sort of thing. Commissioner Reed: Usually when you build restaurants, which I do all the time, when you are in a high-rise situation you vent all the way up or you vent out of the side. When you vent out of the side, you can put a scrubber on there so that it cleans the air, and cleans all the stuff out of it. Mozar Islam: Yes. Planning and Zoning Commission Page 8 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Commissioner Reed: It cuts down on the smell, and the grease, and all that comes out. Mozar Islam: Yes. Commissioner Sadley: Behind the water tower there is a large building that has pumps or something in it. I noticed that on the south side of the building there is a double gate for access to that site. There are also other gates around the north and east I believe. Is the Town aware that one of the existing gates will be blocked off by this project? Ms. Huggins: We are. We have spoken with the M.U.D. Their access is actually through a driveway on the north side of that water tower site. That access will affect Hillside Pointe, the residential property to the North. When the zoning change for Hillside Pointe was under consideration, there was a discussion with the M.U.D. about how that access would have to be accommodated. And so it is actually the property owner to the North that has to accommodate access to that water tower site, not the Holiday Inn. Commissioner Sadley: Are air conditioner units facing the potential future houses? Will there be some kind of screen, maybe noise abatement of some sort? Mozar Islam: Yes. He pointed to the condensing unit on the north side of the building and stated that there will be shrubs all the way around it and that no noise should go through. Commissioner Sadley: I did not see any kind of screen or shrub or anything. Mozar Islam: Yes. There are shrubs. Commissioner Sadley: On the east and west side there are a couple of real large trees. The height of those trees is at least 40-60 feet when fully grown. But, there are also crepe myrtles running between those trees and I’ve never seen one higher than 12 feet. On the other hand, on the front are some very large trees that will grow very big and eventually block views from the street. I am wondering if it wouldn’t be advantageous for both the city and for you if you took the crepe myrtles and put them on the front, and then took the tall trees and put them in back where they could cut down on the light flowing into future residential area while at the same time giving what I think could be a more attractive front appearance for your hotel. Just a thought. Mozar Islam: That is a good thought. Most of the cities want bigger trees in front, to the main street. They usually do not care how we do the back trees. Most of the time they want large caliber trees placed a set distance apart. Here we tried to comply with PD-25. Ms. Huggins: Can you bring up the landscape plan, so that they see the landscape plan, not the site plan? There is a requirement for a certain number of trees along Plaza Drive. There is not a landscape buffer on this property required on the back. They have added trees along the back to add buffering because of the residential area. Commissioner Sadley: At some point though, Carolyn, that residential’s going to have back yards with swimming pools with somebody’s wife lying out by the swimming pool. You have a 4-story hotel. Someone is going to be up on floor 4 with a pair of binoculars staring down at somebody’s wife. Planning and Zoning Commission Page 9 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Commissioner Sheridan: For the Hampton Inn, P&Z approved the landscape plan to throw more stuff in the back than in the front. So, it is not unheard of to ask that be done. Ms. Huggins: The Hampton had a landscape buffer requirement. This does not. Commissioner Sheridan: No, I understand. We had the ability to say hey, take this tree from the front and put it in the back to help the buffer. Commissioner Sheridan: I have some comments on both the plat and site plan. At the top left of the site, the drive on the west side of the private road dead ends. I understand why it dead ends, but now there is residential zoning to the north. I would like to request that drive not dead end into the residential but cut it straight across. Make that a landscape buffer and terminate the private road at the access to the ramp. The other thing is, by putting that in that is an automatic parking space. Chairman Senelly: Once it is paved, someone is going to be in it. Commissioner Sheridan: That’s right. Also, this is private land with private streets and common area. I was trying to look up the legality of Plaza Drive being a common area but I’m considering it is. I think this plat needs a maintenance note like our other plats have had. If the owner doesn’t maintain it the city has the right to come in and maintain it at the owner’s expense. I use as an example a recent plat for the Highlands at Trophy Club Neighborhood 2 Phase 1A – “Should the entity responsible for maintenance of common area fail to perform the function, the Town has the authority to provide the appropriate maintenance repair and collect appropriate fees and reimbursements.” I’m not married to that language but this plat needs to have something like we have been doing. Chairman Senelly: So, making sure that there is a provision for maintenance. Commissioner Sheridan: That is correct. Thank you. And, I think it deserves to be on the plat. Is there a property owner’s association? Mozar Islam: No. Commissioner Sheridan: I didn’t think so. That reinforces the need for the maintenance agreement statement. The other thing is, for some reason or other, all the easement notes on the right side of the replat have been eliminated. I understand why. I would like to add back number G, the access agreement, which is a filed document and affects the subject property. All the property surrounding the east, the west, and the north, have the landowner’s identified. The property to the South does not have the land owner identified. That would be the Value Place Hotel owner. We typically have that on a plat. Chairman Senelly: Thank you. Does anybody wish to add any discussion to those plat comments that the Commissioner has offered. I would ask the city, do you have any comments to add to those regarding the plat? Staff? Engineer? Ms. Huggins: Regarding the request for a landscape island at the north end of the access road. This applicant is building the entire road, but they will only own to the middle of it. The road is shared by this lot and the lot to the west. We cannot require this property owner to landscape on property that he doesn’t own. I support the idea of landscaping that area, but this property owner won’t own the entire private street and he wouldn’t be able to irrigate across someone else’s property line. Remember this is an easement – an access easement. Chairman Senelly: So a petition to shorten this roadway and not pave that upper Planning and Zoning Commission Page 10 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes portion could be made as a part of this approval? Ms. Huggins: Could be, yes. Chairman Senelly: Commissioner Sheridan, what about the site plan? Commissioner Sheridan: In my opinion, the residential rezoning to the north of the Holiday Inn site is very poor planning with no protection, no buffer, from commercial. In my opinion, that residential property is going to sit vacant for awhile. With the Holiday Inn in place, the residential property is not going to happen very soon. Most of my issues with this plat or site plan are not the fault of the Holiday Inn. It is the fault of the residential property, and how it lies with the residential. Chairman Senelly: It seems to the Chair that comments regarding the relationship between the residentially zoned parcel adjacent to the Holiday Inn is not really appropriate for us to raise to the applicant. Alright? Commissioner Sheridan: Well, I think it should be in the records. Another comment I have is that the dumpster is a great location for commercial, but a poor location for residential. The ac units are in a poor location for the residential. In the plans, it has on the detail A-102, that the mechanical is going to be sheltered by a brick wall. I always thought air conditioning was considered mechanical. Are all the variances identified? On page 8, 3.01 EIFS is on there. We used stucco a few minutes ago. They’re different. One needs a variance and one doesn’t. Ms. Huggins: EIFS does not need a variance. In PD-25 it is allowed. Commissioner Sheridan: Okay. Thank you. Any other variances? Because if we approve this site plan and there is a variance on it whether we talked about it or not, it is approved. Ms. Huggins: There are no street lights shown on the site plan. In PD-25 there is a requirement for ornamental street lights at the drive approach. So there needs to be at least one ornamental street light at each of the driveways along Plaza Drive. There are 15 parking lot poles that are at least 30 feet in height and that’s too tall. The maximum allowed by PD-25 is 25 feet on 24 inch concrete bases. That has to be changed. The third thing is the signage. The signage is going to be larger than what is allowed by the town regulations. A monument sign can be a maximum of 50 square feet. A wall sign is allowed to be 40 square feet in size. The signage that is included with the site plan is reflective of the 4-story building that’s being brought before you. The signage is larger than allowed by Town regulations, because the building is large. Is the signage appropriate for the building? . Commissioner Sheridan: On page 28 there are two monument signs but on A1-03 there are 3 of them. Is he allowed to have 3. Ms. Huggins: He can have 3 if you approve it. Remember, we recently had a request from Trophy Club Medical Plaza to add another monument sign? There are no restrictions in the sign ordinances as to how many monument signs are allowed. Chairman Senelly: For clarification, how many monument signs are you proposing? And secondly where are they? Raj Patel: 3 of them Commissioner Sheridan: That’s fine with me. Chairman Senelly: Proceed. Planning and Zoning Commission Page 11 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Commissioner Sheridan: On the sight line study plan the residential lots are nice and drawn out, but the houses as drawn don’t show a maximum coverage. Those are very small lots. Even a minimum size slab is going to cover the entire lot. The rear line on these is 10 feet. Those houses are 10 feet away from that fence. Most of those houses are going to be 2-story, and the hotel is going to be a 4-story building next to the residential. By the way, on the residential it is my understanding, I have heard that the builders pulled out of Texas, so who knows who’s going to build. Chairman Senelly: Carolyn would you like to respond? Ms. Huggins: The builder has the property up for sale. Whoever buys it will have to build according to the zoning that was approved for Hillside Pointe, and the approved concept plan. If they choose not to build according to that concept plan, or want to change it to something other than single family homes, a rezoning would be required. So what is to the north is what was approved by the Planning and Zoning Commission and Council. Chairman Senelly: So, in other words, the plan that’s shown is the plan that we approved and Council also approved and it is just a paper plan at this point? Ms. Huggins: Correct. Chairman Senelly: Thank you. Ms. Huggins: Holiday Inn is showing the relationship of the four story hotel to the adjacent residential according to what was approved, and they are moving forward with a 4-story hotel. They purchased this property in 2008 and at that time the property to the north was zoned commercial. So, they designed their hotel for what they thought would be commercial to the north. Now it is residential and Holiday Inn has tried to accommodate the residential as best they can, but they do not have a landscape buffer they have a 10-foot set back. Likewise, the residential has a 10-foot set back. They are building it according to what was approved by the Town. Chairman Senelly: Commissioner Sheridan I’m going to ask you a question. Knowing all the facts here, is there something specific you would propose? Commissioner Sheridan: I would propose that we do what Commissioner Sadley recommended and get more landscaping back there as a buffer – that they be allowed to take trees from the front and put them in the back. I am not trying to increase your cost but I am trying to hopefully in the future protect the residential. I think the property to the North needs to be rezoned. I think the Town should take the initiative and work with the residential property owner to rezone it commercial at no cost. Chairman Senelly: Any objection to the last request shifting some of the landscaping? Raj Patel: I’m fine with that. And I’m okay with it if you rezoned it commercial. Chairman Senelly: Thank you. Commissioner Sheridan: I’d like to go to the sheet 301, the left side of abatement. If I understand the staff comments, lighting cannot be over 25 feet off the ground. Once again, on the back of the property, I tried to look at the west elevation. You have a Holiday Inn sign on the west elevation that has 2 things. If I heard it right, it’s an internal lit sign plus it has an up-light sign? Up light and internally lit? Planning and Zoning Commission Page 12 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Chairman Senelly: Would you clarify that please? Mozar Islam: Yes. This light is not reflecting much. This is where it comes apart. It is very directional. Commissioner Sheridan: I don’t know if there is anything we can do. This meets code, but at the same time if I had a say, I’d rather not see that light there. Mozar Islam: It’s a very cool light, you could say. From a distance you can see the pool/cool light. Each hotel has a different color. Chairman Senelly: What is the source of light here? Is it L.E.D. or what is it? Raj Patel: It is L.E.D. Chairman Senelly: Thank you. That should make a difference to us as well. In other words, you can control the color of this, you can have it red, purple, yellow, green, whatever you want it to be. You can program it. Mozar Islam: The green light is at the required level of the industry. Commissioner Sheridan: Going to the next sheet, which is the photometric sheet, which is the lighting that affects the back property. I tried to look at the B3’s lighting and count them. Is that a light or what is that? Mozar Islam: Those are dome lights. Commissioner Sheridan: In the photometrics were all lights identified and taken into account? Because I count so many B3’s on the back and then I count 13 lights on the back on another light sheet. Chairman Senelly: My understanding is that you have accounted for all the lighting units in your photometrics. But some of those light fixtures are not called out as such on the elevations. Is that correct? Mozar Islam: It is possible. Without checking, I am not sure, but I will try. Commissioner Sheridan: I looked at the height of the lights on the north elevation. You can go up to 25 feet. If someone is living back there they are going to complain. Also, on the photometrics you have 4 stories of lights and meeting rooms and occupied rooms, did you take into account the ambient light off those rooms? Mozar Islam: Yes. By code we have to do interior photometrics too. Commissioner Sheridan: Okay. No matter how I vote, I am very positive on this. Thank you very much. I appreciate your time. Chairman Senelly: Thank you. Are there any other questions or comments? Commissioner Card: I did notice on the parking that you’ve made all the parking spaces for the number of rooms in the hotel and for the staff as well. Was there any consideration given to parking needs for the restaurant? I guess I’m assuming if we have a NASCAR weekend or some weekend where all spaces are used up, is there enough for the restaurant? Because it is a mixed use there is not enough parking for the restaurant. Ms. Huggins: Right. It remains to be seen. What’s required is that they have to have one per room. They have met that. I would imagine that if the restaurant becomes Planning and Zoning Commission Page 13 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes very successful that probably they are going to have to look at some shared parking with an adjacent property owner. Chairman Senelly: To clarify Carolyn, does this project as drawn meet the parking requirements count? Ms. Huggins: It does, yes sir. The restaurant is located inside the hotel and, when considering parking, the restaurant is considered part of the hotel use and does not require separate additional parking. Commissioner Card: Okay. Chairman Senelly: Any additional comments from this end of the room? Vice Chairman Vowell: On the street that will be put in, will that have on-the-street parking available? Chairman Senelly: On the private road? Ms. Huggins: No. Chairman Senelly: Further comments and questions? Commissioner Reed: I have one. When was this site plan originally submitted? Has anything gone back and forth on this for review? Ms. Huggins: It was submitted this year, in the summer. Commissioner Reed: Our job is to plan as well as to zone. This doesn’t have anything to do with y’all [guests]. I would have loved to have seen this and talked about this when we talked about the residential piece. Did we have anything? Was there any back and forth going on back then with Mr. Patel? Ms. Huggins: Yes. The Holiday Inn was submitted in May and we did have it while the residential zoning to the north was being considered. In fact, we got the applicants in touch with each other. Drainage was considered because one property drains onto another. The wall between the two was considered. The Holiday Inn needed to know that if a zoning for residential was approved then there were going to be homes right there. Commissioner Reed: So those conversations were going back and forth. Chairman Senelly: When we discussed the rezoning for residential from hospital, we actually discussed the strong possibility that we would be addressing a Holiday Inn proposal on this property. Commissioner Reed: I remember that. My point is that I didn’t ask to see the site plan. I think the vote might have gone very different if we knew there was going to be houses 20 feet away from this. So, just a comment that we need to be more diligent about that in the future. Chairman Senelly: Thank you. Any other comments? Commissioner Sheridan: Is there anything up on the roof. Any other mechanicals that need to be shielded or sheltered or whatever? Mozar Islam: No. Planning and Zoning Commission Page 14 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Commissioner Sheridan: Okay. So what is the variance for the signage? The minimum required is 50 square feet and they’re asking for about 68? Ms. Huggins: The maximum allowed by sign regulations is 50 square feet. They are asking for larger than that. Commissioner Sheridan: Got it. It is not excessive. And, they are not going to be viewed by any residential area. Ok. Thank you sir. Chairman Senelly: You are very welcome. I am going to call for a motion on the plat with the plat conditions discussed. Which are, Carolyn? Ms. Huggins: A landscape island at the north end of the access road. Add a note regarding maintenance that the Town has the authority to take over maintenance of the private roads and common areas if the property owner does not properly maintain those items. Add back in G, the note G, for the access easement, and add the property owner information for the property to the south. Chairman Senelly: Thank you very much. A motion please. A motion was made by Commissioner Sheridan, seconded by Commissioner Allen, that this agenda item be recommended for Approval to the Town Council. The motion carried by the following vote. Aye:Chairman Senelly, Commissioner Allen, Commissioner Sadley, Commissioner Sheridan, Commissioner Reed, Commissioner Card, and Vice Chair Vowell 7 - 2013-761-T3.Discussion and Recommendation regarding a request for approval of a Site Plan for a Holiday Inn Hotel to be located on Lot 3-R-3, Block B, Trophy Wood Business Center. Owner: Raj Patel, Shri Shidhi Vinak Hospitality, LLC. Staff Report.pdf Application - Site Plan.pdf Attachments: Chairman Senelly: And now for the site plan. Carolyn, I heard some conditions. Ms. Huggins: (1) Three monument signs which must be shown on the site plan. (2) If possible, we are moving extra landscaping from the front to the back to get some taller or denser material at the back property line. (3) Identify all lighting on the elevation pages. (4) Reduce all pole lighting fixtures to total maximum height of 25 feet with total 2-ft. base. Mozar Islam: 27. Chairman Senelly: They need to be 25. And they need to be maximum total height including a 24 inch high concrete base. So, 25 feet total. Chairman Senelly: Any other questions or comments? Commissioner Reed: I have a comment. You said “if possible" on the landscaping. Chairman Senelly: How would you like to phrase that? Can we leave that in the hands of our able staff? Ms. Huggins: What I meant by “if possible” is that the Town regulations require a certain amount of trees along the street frontage. There has to be one per 30 linear ft. Planning and Zoning Commission Page 15 of 195 Meeting Date: February 20, 2014 December 18, 2013Planning & Zoning Commission Meeting Minutes Chairman Senelly: And that’s a requirement. Ms. Huggins: Yes sir. It must be met. If there’s extra, then that can be moved. We will not reduce the overall landscape plan. What they provided meets the Town’s standards, so we can’t take anything away. But they can move it around the site provided they meet what is required by town ordinance along the street frontage. That’s what I meant by “if possible”. Commissioner Reed: Okay. Commissioner Sadley: I think they should just go with a couple of the big trees from the front and the east side. Perhaps the Crepe myrtles and some other trees, 12-ft. tall. Ms. Huggins: In the Town ordinance, in the tree preservation ordinance, there are specific species of trees that are required – by species and caliper size. I don’t know if crepe myrtles will meet those regulations. Chairman Senelly: You understand the intent of this body is to get more planting on the rear property line fronting those future homes should they ever be. And by the time they are, these plants will be very big. All right. May we ask our staff to watch over that and use some discretion in achieving that with the applicant? Ms. Huggins: Okay. Chairman Senelly: Thank you. Any other comments or questions? Commissioner Allen: When do they plan to break ground? Raj Patel: As soon as the permit can be issued. Chairman Senelly called for a motion. A motion was made by Commissioner Sheridan, seconded by Commissioner Card, that this agenda item be recommended for Approval to the Town Council. The motion carried by the following vote. Aye:Chairman Senelly, Commissioner Allen, Commissioner Sadley, Commissioner Sheridan, Commissioner Reed, Commissioner Card, and Vice Chair Vowell 7 - ADJOURN Chairman Senelly adjourned the meeting at 8:08 p.m. _________________________________________ Richard Senelly, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 16 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-869-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Review and approve the minutes of the January 16, 2014 Planning and Zoning Commission meeting. Attachments:MeetingMinutes 011614.pdf Action ByDate Action ResultVer. Review and approve the minutes of the January 16, 2014 Planning and Zoning Commission meeting. Planning and Zoning Commission Page 17 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, January 16, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Senelly called the January 16, 2014, Planning and Zoning Commission meeting to order at 7:03 p.m. and announced a quorum present (6 members). Chairman Richard Senelly, Commissioner Mark Sadley, Commissioner Dennis Sheridan, Commissioner Garrett Reed, Commissioner Brent Card, and Vice Chair Larry Vowell Present:6 - Commissioner Fred AllenAbsent:1 - STAFF PRESENT: Carolyn Huggins, Community Development Director Danny Thomas, Fire Chief Pat Cooke, Building Official Robbie Killingsworth, Reporting Secretary GUESTS PRESENT: Scott Beck, Applicant Mike Pacillio, Partner, North American Properties Mike Twichell, Architect Chairman Senelly: I am going to say a few things about comments and testimony. The Commissioners are here to listen to you. And, this meeting tonight is being videotaped. Each person will have three (3) minutes in which to say things on his/her mind. We have a timer. We have an order of testimony based on your registration with Robbie. You will be called to the podium in that order. I ask that you state who you are and what your address is when you do get up here. And finally, because I know many of you may have similar if not the same comments to give, if you heard a comment, or a question that you also would like to say, please don’t. We are going to try to give everyone a chance to speak tonight so if the question and the comment has been made, then try to go on to what is new, something that you have that is new and different. Now that means you have to pay attention. It also means that the last person up may not have much to say. But that’s ok because we are going to take every comment that we hear to heart with the same value as if it were said more than once. The number of times that a comment is said does not add weight. It just makes everyone tired. We are going to start this session tonight, this public hearing, with a presentation by the applicant. We are going to ask him to come forward and tell us what he has in mind and why. We are going to all listen to that. I ask you to please refrain from comments or things you may want to do or say while that’s going on. And the same is true for yourselves when you stand up and comment. PUBLIC HEARING 2014-838-T1.Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Planning and Zoning Commission Page 18 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Dahlstrom, Jackson Walker L.L.P. Staff Report - PD-30 Amendment Request.pdf EXHIBIT B - REDLINE.pdf Exhibit H - Concept Plan.pdf Exhibit I - Preliminary Site Plan.pdf Exhibit H - Proposed New Concept Plan.pdf Exhibit I - Proposed New Preliminary Site Plan.pdf Attachments: Scott Beck, representing Beck Properties and Midtown Development introduced himself, Mike Pacillio, a Partner with North American Properties, and Mike Twitchel, the architect of the project. He then gave a PowerPoint presentation as follows: I. AMENDMENT REQUEST II. PRELIMINARY SITE PLAN III. DESIGNS AND RENDERINGS IV. WEITZMAN GROUP V. NORTH AMERICAN PROPERTIES Basically there are five concepts for the PD-30 amendment request. These are things that we believe are necessary when talking to the banks in terms of the ability to get this project financed. 1. Allow 30 townhouse/townhomes as a permitted use in Area I of Preliminary Site Plan; 3-story (50-ft. maximum height) building. Eliminated 20 Condos from the Site Plan. 2. Increase maximum number of urban residential units from 250 units to 350 units. Permitted use under existing PD-30 with SUP. Flexibility from 310 - 350 Max based on retail market demand. 3. Permit urban residential units on the first floor of Buildings B4, B5, and B7, as shown on the Preliminary Site Plan, provided the first floors are “retail ready” allowing these floors to be converted to residential uses. Allows for flexibility based on market demand. 4. Permit municipal facilities to be located within the property fronting on Indian Creek Drive. Create a site for a New Town Hall within the Town Center. 5. Changes to other sections of PD-30 necessitated by, associated with, or resulting from the requested amendments. Mr. Beck discussed the PD-30 amendment and Site Plan, designs and renderings were shown, and he concluded his presentation with an overview of the Weitzman Group. Mike Pacillio, a Partner at North American Properties introduced himself and presented an overview of North American Properties. They are a partner with Beck Properties on this project on a go-forward basis. Mr. Beck: So in closing, I want to say the time is now. We have been involved in developing here in Trophy Club for 22 years. The biggest concern that I would have as it relates to this development, this 26 acres, Trophy Club Town Center, is to not become the “center of the donut”. There have been a number of announcements of things that are going on up and down 114. We have the new theater being built right outside our front door, which is going to command retail pad sites in front of it. These will be restaurants. They will take away from restaurants that would want to be in Trophy Club. It was just announced that Mehrdad will be building Entrada in Westlake. It will be roughly 7 times the size of the parcel that we are talking about here at the front of Trophy Club. The reality is -- the time for action and to get Planning and Zoning Commission Page 19 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes something done -- would be during this next economic cycle in terms of actually having a large scale mixed-use development. What we could do was on the drawing boards originally before we were convinced to go down a path of creating a town center. We wanted to build during a cycle that will be 2 or 3 cycles from now, with some type of a grocery store anchor. My concern is that ultimately to be able to create the type of density that we would want to command will be sucked away effectively across the street. Getting out in front of Entrada across the street and leasing retail now as the Cinemark is being built is pivotal in terms of getting something done. In closing, I encourage you guys to take a strong look at this. We certainly are shovel-ready in terms of the amendments that we are asking for. The way that we are asking for them have now been vetted by the banks, have been vetted by our institutional partners and our development partners, as well as our retailers. I appreciate your time this evening. Chairman Senelly: Thank you very much for your presentation. We are now going to ask for a brief staff report on these amendments from our planner, Carolyn. C. Huggins: Thank you Chairman. I have just a few staff comments C. Huggins: In regard to the PD amendment item number 1: 1. Allow 30 townhouse/townhomes as a permitted use in Area I of Preliminary Site Plan; 3-story (50-ft. maximum height) building. Eliminated 20 Condos from the Site Plan. Just to clarify, there is not a definition for “townhome” in the PD-30 document. But, there is a definition for “townhomes” in the town’s zoning ordinance, which does pertain to this property. It requires that each townhome is separately platted, although the units can be joined to each other by abutting walls. So, the 30 townhomes would be for individual platting and for sale to buyers. I wanted to make it clear that the zoning ordinance does have a definition for “townhomes” and does required individual platting. The applicant would be required to do that, and is aware of that. In regard to the PD amendment item number 2: 2. Increase maximum number of urban residential units from 250 units to 350 units. Permitted use under existing PD-30 with SUP. Flexibility from 310 - 350 Max based on retail market demand. The existing PD-30 zoning allows for 250 apartments with an additional 100 allowed if an SUP is approved, which would require P&Z and Council approval as well as a public hearing and property owner notification. This PD amendment request, if approved, increases that total of apartments to 350 and removes the SUP request for any additional units. In regard to the PD amendment item number 3: 3. Permit urban residential units on the first floor of Buildings B4, B5, and B7, as shown on the Preliminary Site Plan, provided the first floors are “retail ready” allowing these floors to be converted to residential uses. Allows for flexibility based on market demand. As already stated, of those additional 100 units, some could be located on the first floor of buildings B4, B5, and B7, provided the first floors of those three buildings are retail ready. In regard to the PD amendment item number 4: Planning and Zoning Commission Page 20 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes 4. Permit municipal facilities to be located within the property fronting on Indian Creek Drive. Create a site for a New Town Hall within the Town Center. The Town Hall building is a place holder to allow council to have options for a Police Station and/or a Town Hall as there are limited property opportunities and sites in the town. Whether or not this amendment is approved, it does not change the zoning of the property. The property is PD-30 zoning. Whether or not this amendment is approved that PD-30 zoning, as it exists today, stays. I just wanted to make that clear as well. Also whether or not this amendment is approved, a final site plan is required for this property. As noted on page 7 of your packet, a final site plan will require a water model study, sewer study, drainage study, engineering feasibility study, traffic impact analysis, and tree survey reviewed by the town engineer and town staff, and then submitted to the Planning and Zoning Commission for recommendation and council for approval. So, there is a final site plan requirement with PD-30 whether these amendments are approved or not. Finally, this item does require a public hearing as we are having tonight. A notice was placed in the Star Telegram on January 5, 2013. Property owners within 200 feet of this site were notified of the request. You have been given a list of the property owners within 200 feet. You have also been given a copy of the Public Hearing Notice placed in the paper as well as what was sent to property owners within 200 feet. Three residents did send e-mails to me. You were provided those as well this evening. Thank you. Chairman Senelly: Thank you. One last item. Would you please reiterate what is available on-line for folks to see including what’s on the Trophy Club Exchange Site. C. Huggins: The property owner notification, the public hearing notice, the red line, and the list of PD amendments Mr. Beck and I just went over. All of that is available on-line. Chairman Senelly: Thank you. I don’t know if everyone here has had an opportunity to view those things. There is a lot of stuff to see. We are now going to move into the meat of this meeting which is a Public Hearing. PUBLIC HEARING REQUESTS TO SPEAK: 1. Jim Parrow: 8 Brookfield Ct. 2. Larry Hoover: 1118 Berkshire Ct. 3. Pete Reincke: 3 Colonial Ct. 4. Peggy Sweeney: 51 Meadowbrook Ln. 5. Ralph Reed: 19 Hanna Ct. 6. Michelle Reed: 3 Greenhill Trl. 7. Nick Sanders: 7 Hayes Ct. 8. Sharon Sheridan: 1 Hillcrest Ct. 9. Susan Edstrom: 269 Oak Hill Ln. 10. Mike Buck: 2401 Lilyfield Dr. 11. Colleene Raymundo: 42 Cypress Ct. 12. Mike Lewis: 2550 Kensington Ln. As I said earlier, those of you who have registered to provide testimony or comments will be called up one at a time in the order in which you have registered. Secondly, as I mentioned earlier if you hear a comment, and you have the same comment you’d like to make, please don’t, because it has been heard. We will hear each comment. Saying it more than once will not necessarily convince us of its significance more Planning and Zoning Commission Page 21 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes than hearing it that first time. Don’t waste your opportunity to say something. Especially if you think of something new that you’d like to say. You are welcome to do it and will have three minutes. You will be timed. Robbie, who do we have first? Commissioner Reed: I’d like to make a quick comment. I understand your desire not to hear things over and over again. But, if you have a comment and somebody else has already made it, I would like to hear you make it again. If you are passionate about it, I’d like to hear your voice. Chairman Senelly: I am saying that as your Chairman, I want to make sure that everybody here has a chance to speak. If somebody wants to speak for somebody else, sorry, you are here to speak for yourself. Make sure you say who you are and where you live. State your comments as clearly as you can. There are no bad comments. There are no wrong comments. All right, Robbie? Robbie: Jim Parrow. Jim Parrow: Good evening. My name is Jim Parrow. I live at 8 Brookfield Court here in Trophy Club. First of all I would like to say we have received some very good presentations this evening for Frisco, for Grapevine, and for Atlanta. The fact of the matter is this is Trophy Club. We don’t have the infrastructure that those communities have. And so my concern is if we add another 100 residential units above the 250 that have been approved that is going to put an additional strain on the police, the fire, and the educational resources available to our existing residents. There will also be a loss of sales tax revenue if we put residential where retail is supposed to have been. So, I am opposed to adding 100 additional units. I also see adding a municipal office as more of a carrot to dangle in front of the city council to get their approval to concede to the additional 100 residential units. As you may recall, the original P&Z unanimously rejected PD-30. The Council that was sitting at that time chose to ignore the P&Z as they did the more than 2,000 residents who signed a petition in opposition to PD-30 as written. We all want development on that corner. We all want increased revenues from that location. The more retail and the more commercial that goes in that location the more revenues we will generate and the better we as citizens will be. I also noticed there was a change from stucco to EIFS and I have to wonder why that was made. As a residential real estate broker, we have had numerous residential properties that have EIFS that have caused numerous problems. And I don’t know that EIFS has been so developed, since I am not a builder, that we can avoid the problems that EIFS has presented in the residential market. The townhome issue, I would make sure that we know what those townhomes will look like, what they’ll be priced at, and if they’re going to be reasonable and appropriate for this community, and will they attract townhome purchasers. The last thing I would like to say, Mr. Beck during his presentation seemed to affirm, based on what his banks told him, that putting residential over retail is a kind of iffy proposition and yet he is proposing doing exactly that. So that seemed to be somewhat contradictory. And with that I will turn it over to someone else. Thank you. Larry Hoover: I am Larry Hoover, 1118 Berkshire Court. First off, I would like the Planning & Zoning Board to understand that the council I was on at the time did not ignore your decision, nor did the council ignore the petition. We used it as leverage successfully to reduce the request of the apartments from 1000 to 250 phased in two pieces of 125 units each. I’m not here to say one thing or another about the amendments. I would encourage you as an appointed board who doesn’t have to sit up here as an elected board subject to the political machinations of this town, that you make the decision that is best for this town long term. Long term, this town needs a vibrant center to stay alive. A hotel will give you the opportunity to make Trophy Club a destination in conjunction with the golf course, where a hotel could possibly offer packages that would include golf with the room. Deloitte has requested Planning and Zoning Commission Page 22 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes in the past to Mr. Beck that the hotel be built. They currently outsource 400 rooms a week that they can’t fill in their own facility. They would help fill up this place. There is also a big market of young single people working over there at Deloitte and Fidelity who are making over $90,000 a year that would fill up these apartments. I’ve heard some people complain about the retail over at 925 Main Street in Grapevine. The average income of a resident in 925 Main Street is $160,000 a year. Also we had the superintendent state last year that there would be no overloading of our school district. We are growing so fast and we have so much capacity that this school district does not even request that people from outside the district pay a transfer fee. If you live in Grapevine you can come to Northwest for free. So, please do what’s right long term. Thank you. Chairman Senelly: If you happen to be a public official and you speak tonight please let us know that. Thank you. Pete Reincke: Pete Reincke. 3 Colonial Court. I’m having a little trouble; 1.) I’m concerned about the additional apartments with this retail-ready concept. Are there restrictions about how long it would be before you would open those up to apartments? What experience have you had with actually turning the apartments back into retail space? What’s the probability of that? Once it is apartments how often does it turn into something else? Also we talked about finishes and the different requirements. It looked real nice. Is there anything inside the PD that calls out specific requirements of those apartments in a level of finish that we can rely on so it will attract the right kind of folks in whatever apartments we are subject to? I thought the townhomes were a really nice change from the multi-family that was there. Same questions that the other raised about how they are platted and is it appropriate for the town? That’s all I’ve got. Thank you. Chairman Senelly: Thank you. And finally, we will note all questions. And we will address them but we will not address them here this evening. We will take those questions however and answer them in the future at the next session, the second item on our agenda. Next Please. Peggy Sweeney: Peggy Sweeney. 51 Meadowbrook Lane. I am sure probably all or most of us remember when the first proposal came forth. The developer was asking for a whole lot more apartments than he got. And I see this latest proposal as trying to creep the number of apartments back up. Based on his comments there is not going to be enough foot traffic with the existing number of 250 for the apartments. The difference between 250 and 350 is 100. Nice round number. Now as previously mentioned, they are aiming for occupants of these apartments to be the young professionals over at Deloitte or single airline pilots as the developer mentioned previously. So that means that 100 extra apartments, 100 extra people. I don’t see 100 extra people making or breaking our retail development that sits on 114 with gridlock every night at 5:00 p.m. That gridlock at 5:00 p.m. is either going to make or break the financing on this, not those extra 100 people living in those apartments. And to finish I will repeat a comment that someone else did mention because it is very important to me. Thank you Mr. Reed. I see the Town Hall as a carrot. There’s nothing in there about a commitment to actually do anything. He is not going to give up any revenue producing acreage to give the city the property to do a town hall. Thank you. Ralph Reed: I’m Ralph Reed. I live at 19 Hanna Court which you might know are similar to the townhomes, which are small lot houses. I heard something about this being a vibrant town center. This is what we need and I agree with that. I just wonder how a CVS on the corner is going to make this a vibrant town center. I look at the new plat. It shows a 12,000 sq. ft. building right on the corner with one drive-in which is CVS, Walgreen’s, some kind of drug store. I didn’t see that in Atlantic Station or any of the other. They talked about Dillard’s, they talked about movie Planning and Zoning Commission Page 23 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes theaters, they talked about a lot of things but not as a CVS as your main anchor. Just a thought for the Council. A hundred extra apartments, that doesn’t affect the amount of retail. I agree with a prior comment. But we have in this new plan 100,000 sq. ft. less retail space. Now that’s less sales tax revenue for this city and one thing this city does need is sales tax revenue. So, again, a comment, that that’s something that I see as very negative to this. I understand Weitzman is a great group. They do a wonderful job of leasing. Maybe they can’t lease that much. That may be the reality of it. But all we’ve heard here is about all these additional apartments and all the good things that are there and not about the things that were taken away from the original plan. Maybe I was wrong. But in looking at the plan it looked like the retail that was overlooking the lake, I just wonder, I didn’t see any way for vehicles to get down there, and I just wonder realistically, once it’s apartments it’ll never be retail again. The townhomes facing the garage, the townhomes they have are on a lake, are on the river, but they face the garage. Now I can tell you I moved into our subdivision because our house faces a small little park. If I had to look at the back of a 5 or 6 story parking garage. I don’t want to be the realtor who is trying to sell that space. I just wonder whether that would ever happen. And then city hall, the plat there, I would just remind the members here and I don’t know how many of you remember but about 2 years ago the Beck’s they have a piece of property behind the Tom Thumb Shopping Center that’s in the flood plain that floods. We used to have baseball fields there and they kept flooding and flooding and so they told the baseball association they couldn’t use those fields and they came to the city council and offered a swap. We’ll give you that land if you put up 3 electronic billboards in Trophy Club. Someone who is willing to put up 3 electronic billboards along 114, I wonder, whose interest they have at heart, their interest or the city of Trophy Club. Michelle Reed: Michelle Reed. 3 Greenhill Trail. Good evening. Just a couple of things that I wanted to make a point of is whenever I was going through the red line document on page 51 to 52 there is a paragraph that has been marked out and is a paragraph that I was very excited about the night whenever I walked out at Byron Nelson High School whenever this document was discussed years ago. And it was a ratio of how things were going to be built. A ratio of retail to residential and how that was going to happen, and maybe I misread the red line but it’s just something that I would ask that you guys please read again. I think that benefited us and was good for us to have that ratio in there. So be mindful of that. And I also want to remind the residents, like the previous speaker said, you know, our anchor is not going to be a movie theater or some of these glitzy things. That’s not what’s going to happen unfortunately in our town. And so I don’t want the residents to be deceived by pictures that are shown about other developments around the country or even around this state. The last thing that I want to mention is that I do not want to be the supplier of apartments for Southlake and Westlake. That’s not why I brought my family here. That’s not why we moved here. That’s not what our purpose was to be a part of a community of apartments. And so, I thank you for your time and thank you for your service. Nick Sanders: Hi, I am Nick Sanders at 7 Hayes Court. I do want to let you know that I do live in Hogan’s Glenn but I am outside the 200 foot notice area. Also I want to let you know that I am an elected official on the MUD Board. I also would recognize that this is a zoning issue tonight and not a site plan. Lots of detail questions I might have if we were on a different subject. I like the idea of the townhomes. I think that’s a value to this town. I actually would like to see more of those around the town or in this development. And I like how that softened the issue for the residents that live closest to that area or at least I think it does. Having heard the presentation about retail ready, I am not totally opposed to retail ready. However, as I expressed in my email to each of you, I don’t see how me as an apartment dweller living on the ground floor would like very much that all of a sudden something converted to retail next to me, if that were to happen. And so I’m not sure conversion back and forth would happen too often. But it might happen in the early Planning and Zoning Commission Page 24 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes stages. If they were leasing more retail and the opportunity was there then they might do it, but you might also lease it as apartments very quickly because people might prefer that ground floor option. I am not in favor of increasing the maximum number of multi-family units. Whether they’re called apartments or whatever they might be. I am not in favor of raising it above the 250. And it looked like that 310 to 350 which was in the presentation is a broad area and I’m not sure you’ll have the broad thing in the final PD document. I am sure it would probably end with 350. So you can probably make that as a decision. I like the idea of a municipal complex. Not thinking that the police department is a good place to have patrol cars running back and forth through there. But we as a town have that as an issue. It needs to be addressed. There’s limited space available. I think it adds to the picture of having a retail or mixed-use development to have a municipal complex there if it’s built appropriately. It will cost a lot of money. So whether its rent that you’re paying and the developer builds the building or you somehow work out some arrangement where you own the land. That would remain to be seen. But it seems like to me that it complicates the issue for the citizens if you don’t own the land. I’m not opposed to the balconies in apartments. I realize people are concerned about that because of some experience that we have currently. But it seems like to me if they overlook the area that was the water feature or whatever that might be in the town it would be an ok thing. Maybe ordinances could address the issues. Thank you very much. Sheridan: Hi. I’m Sandra Sheridan. I live at 1 Hillcrest Court. I’ve been here for 18 years. Mr. Senelly, you started out the meeting today saying that you were interested in wanting to know what the folks here have to think. Well, we’re the folks. There’s a lot of politics in this town. There’s a lot of political agendas. All I’m asking you guys to do is to don’t listen to those, listen to the people. We pay the bills here. We elect the officials. It’s our town. Mr. Beck, we started out with you a couple of years ago on a very cold rainy winter night talking about how this was going to be a lot like The Shops at Legacy, maybe an Angelika Theater, maybe a ZaZa Hotel. Now we’re down to apartments. And really, retailers aren’t interested in coming here which puts another opening for maybe more apartments. So where’s our tax money going to come from? Who’s going to want us? Who are we going to have to go into hock with around here to keep alive and to keep going? We are living here because we like it. It’s pretty. It’s safe. It’s quiet. It’s peaceful. We are near enough a big city to go there. But we can come home and hide and be safe and be peaceful. Let’s think about that. It’s a quality of life issue. Think about it. Susan Edstrom: Good evening Commissioners and residents. Susan Edstrom. 269 Oak Hill Drive. I didn’t come here tonight with any prepared remarks because I wanted to hear the proposal and what other residents had to say. First, in regard to some of the opening comments, the aging gender of this commission for me is irrelevant. What I care about is that like the last commission this one keeps the best interests of the residents in mind. You would have had to live under a rock during the last process to know that apartments were unanimously viewed as a negative and we don’t wish to be the provider of apartments for Southlake or Westlake either. They can build their own. I’d like to know how long before retail ready is marketed as residential and what controls you can secure for us should that go forward. I wonder if this is just another flavor of the day request. We were told 2 years ago now is the time. We told the commission and the council that the developer would be back for more apartments it was just a matter of time. That time is certainly here. I work for the world’s leading travel technology company and I can tell you the majority of young single professionals with whom I work live in the Dallas Greenville area and commute to Southlake. We do not have the night life nor the lifestyle they desire. I doubt the professionals at Deloitte or Fidelity would be any different. There’s been a lot of talk about this within the Facebook groups for Trophy Club. And while there are differing areas of concern and desires and things that people like I can tell you unanimously nobody wants more apartments. That is the one thing that you can take out of the threads on Facebook that beyond a shadow of a doubt there are some aspects that Planning and Zoning Commission Page 25 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes people like, there is not a single group on Facebook that is for or in favor of more apartments. During the presentations last year it was mentioned that the Beck Trust had a requirement for this center that was revenue generating. How is a town hall revenue generating? Or like others have said, it is a dangling carrot. Thank you. Chairman Senelly: Ms. Edstrom, I believe you are a public official, is that not correct? Susan Edstrom: No Sir. I’m on the Shelter Board, but I’m not an elected official. Chairman Senelly: Thank you. And who do we have next? Robbie: Mike Buck. Mike Buck: Good evening everybody. My name is Mike Buck. I live at 2401 Lilyfield Drive in Trophy Club here. In full disclosure, I am the chairman of the Citizens Financial Advisory Board. I also sit on the M.U.D. Citizens Board as well, too. So my comments are going to be somewhat rhetorical to you fine folks up here. Because I realize you are not going to address them or answer them. And that is, I want to paint a picture for the people that are behind here. You guys know what 2016 looks like? 2016 in this town all the building is going to stop. The people that are coming in to this town from a residential standpoint in The Highlands, the PID, and the people that are going to occupy the homes on the other side of Trophy Club by Harmony Park that building will at that point cease. What we are going to have as a town from a revenue standpoint is the ongoing evaluations of our property values that, hopefully throughout the years, will increase in value. That is going to be our base to determine our revenue because it is property tax. Now putting a development at PD-30 we are going to get property tax from the developer but what we really need here is sales tax revenue. That is something our committee looks at. We look at it hard. We look at ways in which we can partner with the town and EDC4B to look at opportunity for sales tax revenue. That’s what we really need. There’s a map in the public service conference room. It’s a map of the town of Trophy Club. It has the borders, and it has Lake Grapevine, and it has other areas. And one of the things it has is a red-out area that shows where we can actually put sales tax revenue generating properties. We have hotels there right now. We have a dentist office going in there. We have PD-30 as well too. What I’m in favor of is asking you guys to do the right thing here and look at what’s best for the town of Trophy Club. Adding 100 additional apartments is probably not best for the town of Trophy Club. Looking for ways to maximize sales tax revenue in the future when this town is eventually going to level out and we’re not going to realize revenues from new housing starts and we’re going to have to rely on the revenues from increasing property values. That is what is going to be our basic taxation from a tax payer’s standpoint. What it looks like to me, if we don’t bring in the sales tax revenue, our taxes are going to go up. Also I would ask you to consider one final thing. Putting apartments in this town, additional apartments that are not currently here, could potentially lower the property value of certain people in this town as well too because people might not find that attractive. As has been stated before a couple of different times why should we build apartments for people in Southlake and Westlake when those towns clearly do not want them there. Thank you. Chairman Senelly: Thank you very much. Robbie: That was the last request. Chairman Senelly: That was the last person registered. Is there anyone else here who would like to make any comments on the proposed amendment. You are welcome to do it. If you don’t do it in the next few minutes we will prepare to close the Public Hearing. As you know the next step, besides the discussion that will go on with the Commissioners, will be the potential of action on this project. And we would Planning and Zoning Commission Page 26 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes urge you to be prepared to attend that as well if it doesn’t happen tonight. Again, if anybody has anything else they would like to add, now is the time. Just raise your hand and we’ll have you to come forth. Step forward please. Thank you. State who you are and where you live. Next speaker: Yes, my name is Colleene Raymundo. And I live at, in Hogan’s Glenn on Cypress Court. My husband and I moved here about 4 years ago from California. We escaped California because what is happening here tonight is what happened in California. I just pray that you all make the right decision. And as so many of the people who touched my heart tonight speaking they spoke from their heart and they spoke for what they want from Trophy Club emotionally, educationally, physically, everything. Their life depends on what happens here. And I can only tell you that I just pray that what happened in California does not happen in Trophy Club. Thank you. Chairman Senelly: Thank you very much. I’m going to ask our Commissioners to think for a moment if they wish to continue with the Action Item this evening or if they wish to continue the meeting to another date. Would you consider that Commissioners? Yes, Commissioner Sheridan. Commissioner Sheridan: I was going to recommend a 5 or 10 minute break and let’s keep on going. It’s only 8:30. Chairman Senelly: Any other thoughts? If, yes, from the back, please. Next speaker: I have one comment I wanted to make. Chairman Senelly: Yes. Come forward. Thank you very much. Commissioner Sheridan: While he’s coming up here, Mr. Chairman, you had previously stated that there’ll be another time that people can talk which would not be Open Public Hearing but would be to the Agenda Item. Chairman Senelly: Yes, that’s correct. Once we start the Action Item anyone will have an opportunity, for another 3 minutes, to state other things if they have thought of them or wish to bring home the thought that they originally had. Go ahead please. Who are you and where do you live. Next speaker: Mike Lewis. 2550 Kensington Lane. My wife and I met in the downtown Fort Worth area. We lived in a retail and a multi-tenant establishment there at West 7th and University. Real nice up-coming area. After the first wave of tenants moved out and other tenants were moving in everything started declining really quickly so we moved here to get some peace and I have a lot of concern about that. I’m against increasing additional apartments in this area. I’ve seen how quickly they decline. So, those are my thoughts. Chairman Senelly: Thank you. Chairman Senelly closed the Public Hearing at 8:20 p.m. and adjourned the meeting for a 10-minute break. REGULAR SESSION 2014-839-T2.Discussion and recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Chairman Senelly called the meeting back to order at 8:47 p.m. Planning and Zoning Commission Page 27 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Chairman Senelly: Our planner would like to make a clarification before we proceed with the next portion of our agenda. C. Huggins: Yes sir, thank you. I appreciate the opportunity to make this clarification. On a final site plan, staff does have the ability to approve a final site plan. But what I stated earlier was that with a final site plan there are models that are required. I’ll repeat those again: water model study for this entire 26-acre site, sewer study, drainage study, engineering feasibility study, traffic impact analysis, tree survey. All of these are required for approval of a final site plan, which, by the PD-30 regulations, staff can approve. However, if staff finds that any of this is in non-compliance and we notify the applicant of that, the applicant can appeal Town Staff decision to the Planning and Zoning Commission for a recommendation which would then go to the Council for a final decision. I just wanted to clarify that. Chairman Senelly: Thank you. And here is how we will proceed with this next portion of our agenda. There were some questions raised by the comments that were given. I haven’t had a chance to discuss this with our planner. But if we have those questions written down I would like to have those questions put to the applicant before we do anything else. The second thing we will do is that we are going to have a discussion among the Commissioners which you will witness. Hopefully we’ll keep it civil. You will note that there are differences of opinions that you will hear and lots of questions from some of our Commissioners who really look at these things in great detail. You must understand that while they’re just appointed unpaid advisors, your Commissioners take their work here very seriously and fully intend to do what they believe is the right thing for our community. So now, Carolyn, do you have any notes concerning the questions that were raised for our applicant? C. Huggins: I left them on my desk. I am so sorry. I can run and get those. You might recall a few of them if there are some you wanted to discuss in the meantime and I can run and get those right away. Chairman Senelly: Then we’ll reverse the order. I’m going to ask our Commissioners to start with a discussion. At the end of our discussion and before we undertake any action I want it to be clear that you will all have an opportunity to have one more shot at questions or comments concerning these amendments. We will start with our Commissioners. May I ask, do any of our Commissioners have any questions or comments for the applicant? Commissioner Reed: I have a question for Carolyn. I might have missed this and if I did then I apologize. Don’t we usually get a staff recommendation? What was the staff recommendation? Did that happen at the beginning and I missed it? C. Huggins: There is not a recommendation on this PD amendment. The staff is neutral on this. We would support a recommendation of approval or denial by the Planning and Zoning Commission, and whatever action is taken by Council. Commissioner Reed: So no recommendation. Usually we get one. I wanted to make sure I didn’t miss something. Chairman Senelly: Thank you. Commissioners? Questions? Comments? Discussions? Understand that we are not just talking about the words of these amendment proposals but also the drawings that went along with them. The preliminary site plan that’s included with this proposal, once it’s acted upon by the Council, after our recommendation, will have force and effect of law. Commissioner Reed: Mr. Beck, I have a couple of questions for you. First question. You said that the banking financial lending institutions required a couple of things, retail ready as well as some additional apartments. Is what you’re representing to us Planning and Zoning Commission Page 28 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes is if you didn’t have those things financing would not be attainable for this project and it would not go forward, is that what you are saying? Mr. Beck: Right, correct. Commissioner Reed: Ok. We strike it down, and city council strikes it down, you’re not building anything there anytime soon. Scott Beck: More than likely, that’s correct. Certainly, depending on the discussions as we go through this process, I am happy to negotiate any of these pieces. We are in the banking business ourselves. Our family has owned a bank for the past 31 years in Dallas, so we have lots of banking connections. We’ve had discussions with over a dozen financial institutions as it relates to the financing of this project. More importantly, is what the retail community has told us as it relates to working with the Weitzman Group. We feel confident otherwise we wouldn’t go forward with this with the kind of plan that we’ve recommended. One of the most important things to recognize is having put into the foundation the grease traps and make a few things actually retail ready means basically that we’ll make zero profit if we actually convert it to a multi-family on the ground floor. But we feel confident enough that we can get the retail there that we’re willing to move forward on that basis. The problem is that the banks add a 70% loan to value effective to construction cost they need to know that in the event that they foreclosed they could convert those and then exit the actual loan because they were burned in this last economic crisis in terms of taking things back. We have a fairly high degree of confidence that we can fill it up with retail otherwise we wouldn’t be doing the project. As far as getting the financing, we know that it’ll get approved this way because we’ve had the discussions and we’ve gone through that process with the banks. We do not know depending on which pieces of the puzzle you strike what they’re going to say. Commissioner Reed: You just said something that caught my attention. Grease traps. When you convert you’d have to put in grease traps. Why would that be necessary? Scott Beck: When you pour the foundation, you actually have to put all the different things in to make it retail ready. You can’t put them in after the fact. Retail ready means they start as retail and you convert them into multi-family. It’s not that they start as multi-family and then you make them retail ready. Commissioner Reed: So that includes grease traps? Scott Beck: Yes, you are going to have to do a number of different things to make sure that they get built into the foundation. C. Senelly: By the way, folks, for your information, we also have our fire chief, Danny Thomas, here tonight and our Building Official, Pat Cooke, here tonight if you have any questions that they may need to address, because this is a complicated proposal. There are a lot of moving parts. It’s also real buildings. It’s not just paper zoning. Commissioner Reed: So if we approved retail ready, you would put in grease interceptors into the foundations under certain parts of this building. Yes. Is that what you are saying? Scott Beck: Yes. That and other significant things. Any of the things that effectively would have to be done specifically as it relates to making a space retail ready at each portion of the process. So, if you’re pouring a foundation you’re going to have to do those things unless you’re planning on coming back and tearing out a significant part of the foundation later. Planning and Zoning Commission Page 29 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Commissioner Reed: I understand. Scott Beck: That amongst other things. We could list all of them out. Commissioner Reed: So you are accounting then for ventilation. You are running black iron up though the 3 floors. If you are putting in grease traps it means you are putting in vent hoods and shafts that will run through the residential. Scott Beck: It would have to, right, because you can’t start building stick frame construction residential on top without the shafts. Commissioner Reed: Ok, so you guys have accounted for black iron going up to the roof and you talked to fire and…. Commissioner Sheridan: To make it clear, are you talking about all retail or just the restaurant portion? Commissioner Reed: I’m a little confused about something he brought up. Commissioner Sheridan: Does all retail require grease traps and special venting? Commissioner Reed: It shouldn’t. Scott Beck: No. Commissioner Sheridan: Just the restaurants? Scott Beck: More than likely we would be isolating the end caps where the restaurants will be. We haven’t figured out exactly where all those places are going to be. The center portions will be for businesses that don’t require those types of things, maybe like a yogurt shop, a clothing store, or things like that. Commissioner Reed: I understand. Just in being in the industry when you said you were going to start putting grease traps in, it caught my attention. Scott Beck: Any place that we would anticipate there being a restaurant, we would have to make those retail ready and available to be moved in as such. Commissioner Reed: What brokers at Weitzman have specifically been marketing the site? Scott Beck: Blake Shipp is the main one. I think his name is on the sign. Commissioner Reed: Who’s working with Blake on that? Scott Beck: Herb Weitzman. We have a forty-year relationship with Herb. Blake works directly for Herb and so we are working directly with Blake and Herb. Commissioner Reed: So Blake is doing the marketing. Can you expand a little bit on what has been done to date to market this particular piece of property? Retailers, not the multi-family. Scott Beck: We’ve had several meetings, drive-throughs with retailers. It’s happened over the past year, discussions while I was out at ICSC in Las Vegas, ICSC in Dallas. I’ve had probably 100 different meetings with retailers. Commissioner Reed: Can you mention 25 of them that you have talked to? If you Planning and Zoning Commission Page 30 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes have talked to 100, give me 25. Scott Beck: No, I don’t think I can. Commissioner Reed: Why not? Scott Beck: Because some of them we’re under NDA’s with. I can’t mention who’s coming to the location in terms of that. Commissioner Reed: Mr. Beck, a retailer made you sign an NDA to go on a real estate tour? Mr. Beck: I said some of them have signed NDA’s. And I am working on a project right now in Dallas. Commissioner Reed: I’m talking about Trophy Club Mr. Beck. Mr. Beck: I understand that but the reason I got them to come... Commissioner Reed: You are telling me a retailer made you sign a nondisclosure agreement to tour our city? Mr. Beck: Yes. There are three of them that have. Commissioner Reed: Okay, so tell me, so then we’ve got 97 other ones, give me 25 of them just real quick. Mr. Beck: I can’t do that. Chairman Senelly: Commissioner, are you asking for some kind of validation of their marketing plan? Commissioner Reed: Yes. Chairman Senelly: Can you say any more about your marketing that you have gone forward with that would give us some comfort of faith in what you… Mr. Beck: No, other than the fact that we have been working with the Weitzman Group for the past year and had many meetings with lots of different retailers. That’s what we’ve done. Chairman Senelly: What will it take for you to have something signed in your hand with a retailer for this project? What has to happen? Mr. Beck: We have to have an approved amendment that shows a retailer that we intend to take forward the project. Commissioner Reed: So the 100 retailers you’ve talked to have unanimously said that we need to see an approved amendment before we will enter a letter of intent with…. Mr. Beck: The problem that we have as it relates to retail, from a national perspective, is that the population density specifically within a 2 to 3 mile radius of Trophy Club is not large enough to physically have anything here. And they look at the comps as it relates to what’s going on with the Tom Thumb, which are the lowest sales pretty much in the country as it relates to that Tom Thumb here at Trophy Club. We can’t convince anyone to even go on a drive. So most of the people that I have been able to get to come out here to do the drives with Blake and Herb are going at Planning and Zoning Commission Page 31 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes the bequest because they want to be in the Dallas Midtown Project. So fortunately we are working on that project and we were able to get them to drive out here. They certainly aren’t willing to come out here and commit to something because they usually look on a 14 to 18 month window in terms of making commitments on anything. We’re not at a point yet in terms of getting something approved that I can make an honest representation that we are starting construction. And I have other projects, a significantly large project going on in Dallas that I can’t lose credibility with these retailers by telling them that we are doing something out in Trophy Club then wasting their time and their attorney’s time on drafting a letter of intent when ultimately we are not doing anything out here. Chairman Senelly: Ok. Thank you for that. I am going to ask you a question now from the chair concerning your timing. What can you tell us about your timing and your phasing for this project should these amendments be approved? Mr. Beck: Basically we would probably start some time towards the end of third quarter. What we’ve written in terms of an amendment is that we would start simultaneously on Block A and Block B. That would basically take us somewhere between 80,000 sq. ft. and 115,000 sq. ft. of retail and somewhere between 310 and 350 multi-family units that would get built all at the same time. Chairman Senelly: I’m going to have a detail question for you concerning the term E.I.F.S. [exterior insulation finishing system]. Will you please clarify that for everyone, what you’re proposing instead of conventional stucco? Tell us what EFIS is. Mr. Beck: EIFS is a building material that basically looks like stucco but it’s made out of plastic. It is very malleable. The problems that someone was articulating as it relates to the residential building materials is improper installation. There was a lot of that that went on prior. The techniques as it relates to installation especially on commercial buildings is significantly different in terms of having better trained people doing the installation as well as the components of where we would be installing it is in the parapets, towards the top, not the entire side of a building. I’m going to let Mike Twichell, our architect, talk specifically about the building material. Commissioner Sheridan: Mr. Chairman? Chairman Senelly: Yes. Commissioner Sheridan: Can I also point out that even though it’s red-lined in there, they’re already approved to use it. Chairman Senelly: Yes, thank you. You didn’t have to say it, but since the question was raised I felt we’d better talk about it. Mr. Beck: What EFIS is. Mike Twichell: Previously, regular plaster was approved. EFIS is metal lathe with a concrete material scratched on. That material can crack very easily. When you put it on wall surfaces and cornices you have a tendency with expansion on bigger buildings and it will crack a lot. So you have a problem there. The other one is environmental also. With the new energy code, the EIFS has styrofoam that goes on the outside of the building. The new energy codes now require that you have continuous insulation on the outside of the building not the inside, which almost makes paramount the EFIS system. It makes a much better system especially commercially. We would be using it from the second floor on up. Chairman Senelly: Thank you. Planning and Zoning Commission Page 32 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Commissioner Reed: I still have a few more questions for Mr. Beck, please. Commissioner Reed: I need to understand this. This is the reason that I’m asking these questions. Without the retail we have an apartment complex. What we need is retail. So I am trying to ask you some very direct questions to find out where we’re at with that. And you are scooting around a little bit. So let me drill down a little bit more. You and Herb Weitzman have actually been with a tenant in a car in Trophy Club, Texas? Yes or no. Mr. Beck: No. Commissioner Reed: You just said a second ago that you did drive the market with Mr. Herb Weitzman in a car with a tenant. Mr. Beck: I said Blake Shipp. Commissioner Reed: And Herb Weitzman. I wrote it down. Mr. Beck: Herb was not in the car. Commissioner Reed: I’m just saying you misrepresented yourself. So, let’s be right up front a second. Mr. Beck: I think what I said is that… Commissioner Reed: I can read it back. I’m just saying. I wrote it down. Maybe I was wrong. You said that we needed to get out in front of retail before the theater and before Entrada. You said that now is the time. My question is, do you think now’s the time or are we too late? Mr. Beck: We’re going to find out. Commissioner Reed: Let me ask you again. Mr. Beck: I think my question to you would be, when is the time going to happen? Commissioner Reed: Fair question. I don’t know. Mr. Beck: The timing as it relates to the project has a lot to do with Planning and Zoning and City Council. The time could have been three years ago when we started the process but that process took 18 months. Now we’re starting the next process. It kind of becomes a perpetual self-fulfilling prophecy. Commissioner Reed: Fair, but what was it, two years ago, when you first got this done. What significant progress have you made in one year to get one single tenant to sign an L.O.I. to go on this piece of land? Mr. Beck: We don’t have any L.O.I.’s Commissioner Reed: You have none. So you’re proposing an apartment complex right now, correct? Mr. Beck: No. Commissioner Reed: What are you proposing? Mr. Beck: In the document, we are proposing building all of Area A and all of Area B simultaneously. Planning and Zoning Commission Page 33 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Commissioner Reed: Ok. Mr. Beck: That would be somewhere between 80,000 sq. ft. and 120,000 sq. ft. of retail. Commissioner Reed: Who are you going to put in that retail? Who is interested? Mr. Beck: Retailers. We have a number of interested parties but nobody is at the point of an L.O.I. at this point. Commissioner Reed: I’ve been going to ICSC since ’99, ‘98. Mr. Beck: I’ve been going there since ‘93. I agree, a long time. Commissioner Reed: I’m not sure I know 100 retailers. I am intrigued to hear about one of these meetings you’ve had with one of these 100 retailers. I know you’ve signed these Non Disclosure Agreements which I’ve been in the business for umpteen years and never heard of that in my life. So forgive me if I sound a little upset but I feel like you’re misrepresenting some stuff to us and I would just love for you to tell me who’s going into the retail, but you’re telling me you cannot. Correct? Chairman Senelly: Commissioner, may I ask? Mr. Beck: I’m telling you… Chairman Senelly: [to the applicant] One moment. [to Commissioner Reed] May I ask that you clarify the intent of your question with respect to the amendments that we are considering? Thank you. Commissioner Reed: You know. I’m done. That’s good. I’ll ask a question later. Chairman Senelly: Commissioner Sheridan. Commissioner Sheridan: Ok. My comments are towards the Commission. I have two thoughts. I have the major issues, outlined, at which time I have a comment that we vote now, today, within five minutes and vote it down. If the Commission is open to hearing these issues, then I want to go through it line by line, item by item. The reason I say that is I’m going to use townhomes. I favor townhomes. I wish you would build them. The issue is, the townhomes as mentioned in the PD is a word, that because of the wording in the PD, talking about Chapter 13 of our Zoning Ordinances it would make the town’s definition of a townhome applicable to this, but that’s it. Every other type of building usage in PD-30 has standards has restrictions and guidelines except for townhomes. If I’m prepared and would like to recommend that we go through this line by line and talk about the favorable things and the unfavorable things and the things that may get by, like townhomes. I can only vote for townhomes if we do outline and create some of the same type of guidelines that we have for the residential and the retail. I want to thank all the citizens for sending me the emails. I’m sorry I haven’t responded to you. I’ve gotten over 40 of them. I will consider them. I thank you and I ask for that one person who emailed me about the Chick-fil-A, I wanted to make a comment, that we also lost the Taco Cabana. God bless America that we can meet here tonight and discuss this. This is a Destination Site. This is not a Drive-By, this is not a Golly-Gee-Wiz-I-Just-Saw-The-Dry-Cleaner-In-There-And-I’ve-Got-To-Stop-In-It. I understand the financial problems that are within the last few years over a multi-mix-use project. The bankers that I’ve talked to said that if you were building in downtown Dallas, if you were building in Greenville, if you were building in West 7th, no problem financially. But when you get to the suburban area they have a problem. Planning and Zoning Commission Page 34 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes It is because of the high risk. So I understand when Mr. Beck talks about the financing. This is a suburb. We are not an urban situation. I’ve got to keep that in mind. Several of the comments of the citizens have been towards sales tax. Granted, sales tax would be the most desirable result of this development. The second thing in my mind is that commercial office, which has a higher ad valorem tax, would be the second desirable one. The multi-family residential would be the third desirable one. The last would be a public facility. So this is how I’m developing. If we can’t have retail, I would like to throw the conversation towards office versus multi-family. The other comment that I heard was the theatre. I’ve been in this from the beginning and the large multiplex cinematic theatre was never thought of or was not discussed in my presence. It’s always been a boutique theatre like the Angelika, which would be highly desirable if we could get it. The idea that there is one coming in down the road, so what. It does take away some of the restaurants from us. Just this week I drove the Legacy. I think I lost count of how many restaurants there are up there in a thousand-foot perimeter. So, from hearing from the citizens, I understand their need for sales tax but there’s other avenues of having a good commercial destination center that’s viable for the city. My mind is on suburban not urban and that this is a destination site. Sheridan: Carolyn, I’d like you to describe a vote. Who knows how this Commission’s going to vote, yes, no, maybe, in between. But if there was a vote of the Commission, it does go to the Town Council and the Town Council can do anything they want. They can override, they can change, they don’t have to follow our lead at all. But there is something called “denied with prejudice”. If the P&Z denied this and didn’t say a word and the Council denied it and didn’t say anything else, it’s automatically with prejudice. And with prejudice, to my mind, means they can’t come back to us for a year. Does that also apply to the allowed PD changes and alterations with staff approval? They can still do that, so they can still apply for changes. So if we were to deny it, we’re only denying this. We are not denying their right to process within their current PD. C. Huggins: That’s correct. Commissioner Sheridan: I would not want to shut the developer off if I was against this. So I would request if there is any denial that it is without prejudice so that they can come back at any other time and talk to us. Thank you, sir. Chairman Senelly: Thank you very much Commissioner. Other Commissioners. Please. Commissioner Sadley: We don’t have a definition specific to Trophy Club for public service facilities. So, in my mind, the public service facility is anything you hide behind a strip mall because you don’t want people to see it. So I am wondering if we should have a definition of public service facility or if you can describe what you intend by the term public service facility. Chairman Senelly: If you were writing the definition for public service facility for which we have none now, how would it be written for you? Mr. Beck: This was a discussion that was had with staff. And the idea was to give the Town Council flexibility related to public service facility. I would have to defer to the town staff for a definition. We have to ask Carolyn, but the intention of that was to be able to have facilities like a police station or a town hall. Other than that, I don’t really know. Carolyn, maybe you can assist. C. Huggins: That was the intent. And I’m looking through the town’s Code of Ordinances very quickly to see if there is a definition for public service facility and there doesn’t appear to be. We could add a definition for public service facility to the Planning and Zoning Commission Page 35 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes PD as part of this PD amendment. Chairman Sadley: I did a web search and the general definition of that according to the infallible internet is that it could be an electrical transformer, it could be a garbage dumpster, anything that serves a public need is a public service facility. I think we do need to clarify that. Mr. Beck: My recommendation would be you could simply eliminate it. It’s not anything that we were requesting. It was something that staff wanted to be able to give Council the ability to do something with. C. Huggins: Again, the intention of the town hall building and the public services facilities was to give the Council options. We do need a police facility. We do need some new facilities for the town hall and/or police. It was a way to give us an option in the future on that site. There is nothing concrete whatsoever with that building in PD-30. Chairman Senelly: Thank you. It is my understanding that a town hall and/or police facility on this property is a cost item for Trophy Club. So while it may be characterized as a carrot, it’s got a stick in it as well. It’s something that we’d have to pay for. Example given was Southlake’s Town Square. The city hall, the library, and the other facilities that are in that building were not free. They are paid for by the City of Southlake. Other questions? Commissioner Vowell? Commissioner Vowell: I have some questions about the apartments. What would the size and square footage be for the minimum apartment there? Mike Pacillio: Generally our typical product would be about 550 sq. ft. to 600 sq. ft. at the very minimum. On average you are looking about 850 sq. ft. to 900 sq. ft. And at the high end you’re looking at about 1,200 sq. ft. Commissioner Vowell: So at $1.57 a foot, 550 sq. ft., we’d be looking at $750 - $800 dollars a month. Mike Pacillio: $800, if we had a unit that was that small. But at 600 sq. ft., $1.50 gets you to $900. Commissioner Vowell: I like the townhomes in this new proposal. I think we have a lot of senior adults who are moving to Trophy Club. I did, because my daughter and family live here. There’s a lot of other senior adults that I know of who have moved here who would like the townhome idea. I would be interested to know if some of these apartments could be big enough that it would suffice for a senior adult couple to live in and be able to do some entertaining in, that sort of thing. So, as you develop that plan I think that would be a good focus to have to take into consideration senior adults. Mike Pacillio: It is my understanding that we’ve got to bring the final plan back for approval. I would only say that as an example you are welcome to go over to Grapevine and look at the property there. Our residents range in age from early 20’s to 75 - 80 years old. It is a variety of people. It’s not geared toward any one group. I know one of the questions or comments earlier was about school and impact on schools. At Grapevine right now we are about 70% leased at 274 units. We have three children that are in school in those approximately 180-190 units that are leased. We will be paying somewhere about $150,000 in property tax to the school district for three kids. If you compare that to a single-family house that will probably pay $1000 for as many as five kids going to a school. The school districts end up liking this urban-style apartment because we don’t have any 3- and 4-bedroom apartments and aren’t geared toward that type of occupancy. As you all know, we don’t restrict age Planning and Zoning Commission Page 36 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes or children to live in any apartment. Families generally gravitate to where the kids can play outside and not play inside a shopping center. Commissioner Vowell: One question that was asked by several people who spoke tonight. How long would you go before you would determine you can’t rent retail units that would be apartment ready and convert it into apartments? What’s the time frame on something like that? How long do they sit there before they become apartments? Mike Pacillio: No one has proven that yet because this is a fairly new process. As the planners know, for probably the last 10 - 15 years it’s been very desirable to try to make retail work on the first floor with residential above it. There’s examples all over the country where that retail’s empty. And it’s been very challenging to lease it all. Some has been converted back to apartments and some of it sits today depending upon how the zoning was written. When we went to Frisco with this issue, they recognized that right now there is a significant amount of retail that is sitting empty and it actually looks worse to have a completed building with empty space all over the downstairs units. They encouraged us and we did build the apartments into that space when we were framing the upper portion of the building. From an economic or timing standpoint, our preference would be to do it sooner rather than later. Checking the barometer of feasibility from a retailer’s standpoint you can put some other time limit on that. It’s going to be more expensive the longer you wait to convert it one way or the other if you’re building it for retail. Commissioner Vowell: Thank you. Commissioner Sheridan: Chairman? Chairman Senelly: Ok. Commissioner Sheridan: Mike, if you’ve got a second. So, I’m clear on what you said, this retail ready is a relatively new process? Mike Pacillio: Yes. Commissioner Sheridan: It’s being built as an apartment that could go retail, but you’re going to market it as retail to begin with but it can go both ways and you are going to have a specific period of trying to market it for retail. There’s no guidelines from other places that says that the town ordinance could say you have to take six months, you have to take a year, you can have one month. The question was “how long are you going to sit on retail before you make your decision on the option?”. Can the town come in and say we will go with your retail ready but we want to see a particular period of time. Mike Pacillio: Yes, and I think that’s really what Scott is talking about, that there is some negotiation available for that particular issue. What we don’t want to end up with is vacant space that never gets leased on the ground floor. Commissioner Sheridan: Right, I understand that. One of my problems with understanding everything is there’s always been a lot of comparisons to other towns and when we talked about downtown Dallas or we talked about the West 7th area of Fort Worth. It is far from here. When I think of Frisco and somebody mentions retail, they’ve got a million square foot of retail. So if 10, 15, 20 thousand square feet of it sits empty in a building its minute compared to the problem. Here, if something like that happens it’s going to be a gigantic issue because we don’t have the broad spectrum of retail. Thank you. I appreciate your answer on that one. Mike Pacillio: You are welcome. Planning and Zoning Commission Page 37 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Chairman Senelly: May I ask a question? It’s a question again about the apartments which has come up as a consistently opposed item from the community, the additional apartments. I think one of the underlying questions that is involved in that without getting into the nuances of it, concerns what we call ownership. Owner occupants versus renter occupants, for whatever that’s worth. We understand that townhomes are likely to be sold to individuals. There’s no guarantee. It’s our understanding that all of the apartments are to be rented. Is there any consideration for the ownership of those units by individuals? Since there is an on-going trend, to my understanding, throughout our country that not only apartments but also hotel units are being sold to individuals. Is there any prospect for the sale of any of these apartments to individuals? Mike Pacillio: I think because of the general concept that all developers are greedy, if it made economic sense to convert them to condominiums then somebody would. I will say with that, I think the chances of converting to condominiums in the future will be very minimal. The reason for that is the insurance companies have virtually stopped insuring condominiums that have been converted from apartments because of law suits that have erupted all over the country has festered into huge loses for that industry. They will not insure that process of undertaking an apartment into a condominium. Chairman Senelly: You have no prospect of building condo-ready units. Is that what I’m hearing? Mike Pacillio: I’ve got a project in Los Colinas in Irving that I started six years ago that’s still not completed because the sales have been slow. Chairman Senelly: Thank you. Scott Beck: Mr. Chairman? Chairman Senelly: Yes. Scott Beck: May I bring something up real quick? Chairman Senelly: Yes. Scott Beck: I want to draw your attention to this slide. This is Block A right here and this is Block B. The language in the new document pursuant to what we’re looking at today, which is the amendment, we’ve suggested that we will build this entire section at the same time. It has to be built at the same time. We can’t build what in theory we’re calling a multi-family building. I wanted to clarify what is really at hand here in terms of retail in actual numerics. I think that’s important. Block A, we’re not talking that being retail ready at all. That has to be 100% retail. And that number is 38,300 sq. ft. of retail. Block B, we’re saying can be somewhere between 35,000 sq. ft. of retail and 78,000, or more specifically, 35,385 and 78,162. So when you take the minimum as it relates to what we would be constructing at the same time, starting in 2014 with completion sometime in 2016, the minimum amount of retail that would be on the ground at the same time as there are no more permits for home construction in the Town of Trophy Club would be 73,685 sq. ft. of retail. That would be the minimum amount that can’t ever be converted to multi-family. The maximum amount could be 116,462. The real question we’re struggling with and certainly the banks are struggling with is what happens if the alternative wasn’t approved in terms of making the conversion is that the difference between those two numbers is 42,000 sq. ft. I think Commissioner Sheridan pointed out appropriately that’s a real big problem if you have 42,000 sq. ft. of completed buildings that are vacant retail space. Because if you have 42,000 sq. ft. of vacant retail space on the ground floor, that’s 73,685 sq. Planning and Zoning Commission Page 38 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes ft. which you did fill will no longer be full. They’ll start moving out because people don’t like to go to mixed-use retail areas where half of the space is vacant. But when all of its full and you’re walking around this area that is a mixed use community and you go with some retail then you’ve got some apartments then you’ve got some retail and it’s much more of a neighborhood-type of feel. Again, I think to some degree we’re losing sight of the fact that we’re still talking about over 70,000 sq. ft. of retail at a minimum from this first project. I wanted to point that out in terms of real numerics. Chairman Senelly: Thank you for the clarification. Mark? Commissioner Sadley: There’s a whole series of red lines related to page 46 about changing graphics and percentage of façade, etc. Could somebody explain that? C. Huggins: Is that on page 46 using the numbers in the upper right hand corner? Commissioner Sadley: On page 45, it starts. C. Huggins: That’s changing wording in the PD to help make that ground floor retail ready more compatible with residential. Your first floor is going to have a lot of store front windows. It’s minimizing the windows on that first floor. In order for it to be either/or, to be flexible, there is not much window space for the retail on the first floor. Whereas it was a minimum before, now it’s a maximum for the windows on the ground floor retail ready. Commissioner Sadley: So it’s a 40% maximum now? Would the minimum be zero? Chairman Senelly: A minimum would be covered by code. Commissioner Reed: This to the Commissioners, this is the way I see this going. I agree with Dennis 100%. There are some things in this that I like and there are some things in this I do not like. I’ve asked a series of questions now that get me to this. If they don’t get the apartments, this project is not moving forward. It sounds like it’s just going to sit here for awhile. So they’ve got to have the apartments to move forward. I agree with Dennis. I want to go through this line by line and negotiate with them. We’re going to have to believe that that’s going to be here. So why don’t we take a vote right now. We’re going to make a motion that we deny this. Chairman Senelly: Procedurally. Commissioner Reed: You’re telling me procedurally, but I’m just saying that before we spend all night negotiating this and then we get to the end where I’d like to at least have a chance to, otherwise I do want to go line by line. Chairman Senelly: Before we take a vote I want to give people a chance to ask any other questions or make any other comments from the public. Commissioner Reed: I will wait to make a motion then. Commissioner Sheridan: I don’t know whether to bring up the site plan which I had issues with first or to bring up townhomes which I favor which I have issues with or to deal with the apartments. If I’m hearing correctly everything has to hinge on block A and B. A is retail according to the new versus the old. B is mixed-use. If it would help facilitate my agreeing to the sequence of construction then I would say fine. But I want you to take the apartments from someplace else and build them here. If, on B7, we were going to say they could put apartments on the first floor then I don’t want to go to 350, I’ll stay at 200-250. I’ll go with the first floor retail ready but the numbers have to come out from someplace else. Therefore if I was going to say something like that then I want to discuss the preliminary site plan first. This Planning and Zoning Commission Page 39 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes schematic of a site plan is so much better than to the approved one. I like it. I like the coloring. I like to identify the buildings. But there are significant changes that are different than the originally negotiated plan. One of them goes back to even before the town Council approved it. One of the key issues of the P&Z at the time was cut-throughs, meaning traffic avoiding Trophy Club Drive and cutting through here to get from Indian Creek to 114 or back. The approved site plan doesn’t allow that. This new site plan does it in two different places. It does it in the A & B road that backs up to the townhomes. It does it with the main entry that goes through the two traffic circles. Philosophically, what’s helped create the first design is totally different here. The street entrance at the townhomes looks like an easy cut-through unless we put speed bumps in the middle of the road. I object to that. The other reason I would object to that entrance way is there is going to be a traffic problem exiting 114 and trying to get over to the right to get to that entrance. We have already experienced problems of merging traffic from one lane to the other on the new freeway opening on Trophy Club Drive on the new 114. There’s already a big merging problem. I see that entrance as a negative. I see that road there to go through. These are going to be traffic problems. The other is on building A the first corner it shows a drive through. Now I realize I’ve heard tonight that there could be a specific tenant for that building. We can’t make decisions on that. Until somebody signs the dotted line it could change. As it stands now that could be a McDonald’s. I’ve been looking through this PD-30 as it currently exists and I can’t find any restrictions on restaurants. Drive throughs are approved with certain restrictions. I don’t like that up at the front of the neighborhood right there on 114 at the corner. If we went with this site plan I need to see some changes or restrictions. The hotel is significantly different than what was originally thought out. The hotel had parking integral to it and next to it and under it. Now we have a stand-alone underground parking garage and surface parking that’s new to the concept. The other parking has storage area in it. Since I haven’t seen it I have questions on what the storage area is. The original lagoon was thought of as a “let’s walk around it”. On the approved preliminary site plan on the North side we had a very wide pedestrian strand. On the Southwest side we had a very wide bicycle path. By the way, I’m talking about the site plan that’s approved February 7, 2012. There was a minor road on the East side. The idea was that it was 100% surrounding pedestrians. There was also a cascading falls. I don’t see that on the new site plan. I see a building butting up to the water. I see something that could be a cascading fountain or fountain-type thing there. There is now a road in the place of the pedestrian strand. That bothers me. The garage went from a 5-story garage to a 4-story garage. That’s a positive. Where are the hotel service entrances? Are they visible from 114? Building B6 and B7 originally had a covered vehicle passage. That is gone. Is Building A double sided up front? Where is the service entrance? A garage door is needed if they are talking about big- use retail. I do not see trash service facilities to them. That has visibility to Trophy Club Drive and 114. We’ve already talked about the public service facility. The public service facility does take taxable land from us. Even if it was just ad valorem tax, that’s still a higher tax use. I do think we have places in town for a town hall. There is land behind Tom Thumb that’s currently flood plain that could be reclaimed. Recently the country club tennis courts were for sale or they were discussing it. Park land could be used. Trophy Wood Drive has vacant land and the builder has pulled out of town. Coming to the site plan and the town center, my questions are, whether or not the town, either staff and/or Council, could commit to purchase this without a citizen vote. I’m assuming that in order to build it they’d need to have a bond issue which would require a citizen vote. I guess it’s immaterial to us a far as zoning goes who builds it. Those are just a few of my question on the site plan. I have significant issues with it versus what’s approved. The layout is a big issue for me because of the cut-through and some of the basic philosophies of what we started with. Thank you sir. Chairman Senelly: Thank you. Just a point of clarification for all of us, the plan that was approved for this PD-30 was not a site plan. Planning and Zoning Commission Page 40 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Commissioner Sheridan: It’s site plan number SP1-13 Chairman Senelly: And correct me if I’m wrong, but what was approved was not a site plan. C. Huggins: With the current PD-30 there is a preliminary site plan that was approved and is part of the document. This is the preliminary site plan that would replace that if the amendments are approved. A final site plan would then be required. A lot of what you just discussed would be required with the final site plan. The details of where the dumpsters are, where the service entrances are, like the drive-through for Building A would be required. How is that going to work? What type of building are we talking about? A McDonald’s in this PD is considered a quick-service restaurant. And that is allowed, but with an SUP. A quick-service restaurant by definition in the existing PD is a fast food type establishment and would have to be approved by SUP. Some of the things you brought up would have to be addressed with a final site plan. All of those studies I mentioned before would be required to show that it will work. Commissioner Sheridan: You did make a comment earlier that the final site plan does not come through P & Z unless there are significant changes. C. Huggins: If the town staff had denied something then the applicant can appeal it to the Planning and Zoning Commission and Council. Commissioner Sheridan: The town staff has a significant leeway in approving it. I can’t count on this coming back. That’s going to make me stiffer in making sure it gets done the way I’d like to see it and of course the way the Commission would vote on it, each Commissioner having their own vote. Scott Beck: Mr. Chairman, I’d love to answer a couple of the questions. I thought Commissioner Sheridan had a lot of excellent points and I think we can clarify some of them. This is a preliminary site plan. Curb cuts as they would be oriented towards 114 would require TxDOT approval. These are preliminary entrances because we do not have approval to put any of these onto 114 right now. To the extent that they gave us both of these curb cuts which is s probably a stretch. We would certainly like to have those. In the event that this one area that you’re talking about near the townhomes, which would obviously provide a nice way for people to get into their single family residential townhomes, created a traffic problem within the site or a cut through. You would certainly see road humps in that area. One of the main things that I think though that needs to be pointed out is that the traffic study analysis hasn’t been done. So as it relates to cut throughs as it relates to all of those things. Those are going to be impacted specifically by a traffic study analysis. Which is something of course that we will do pursuant to the ordinance as well as just as developers we would do it anyways. Hopefully that assuages some of the concerns as it relates to that. I think Carolyn answered your question as it related to the Building A in terms of a drive through in terms of a quick service restaurant and although staff, as I think she pointed out, does have some leeway as it relates to approving some things, specifically quick service restaurants are required to come back through Planning and Zoning and City Council so in the event that it was a McDonald’s instead of Five Guys Burgers you would see it. You noticed and pointed out at the lagoon there is a road on one side of the property. The intention of putting that road there is in the event that you did not put a road there you will 100% have no retail there. And that is what we determined in talking to all of the different retailers that we’ve had conversations with over the past year and in consultation with Weitzman because Number 1, those retailers are not visible from 114. So you are not going to get any passer-bys. It would have to be destination based. Number 2, they want to be able to do head-in parking to go into those retail establishments, and/or valet in front. So Planning and Zoning Commission Page 41 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes that was the intention in putting the road on the side that would include retail. As it relates to hike and bike, the intention is that that would still be there. Clearly this is a preliminary site plan. It’s not blown up for you to be able to see exactly all the different things within it. Of course we would have hike and bike. In fact, on one end of it you’ve seen in that picture, we’re putting a children’s play area. So certainly we’d want kids from the neighborhood and all of Trophy Club to be able to bike into this area and hang out. That’s pretty much the idea of the town center. The concept of walking around the lagoon, although it looks to be extremely close, if you will, Building C which is the office building closest to the lagoon, the intention is to have enough space between that area where you can walk around the entire lagoon as well as you can see that even on the side where there is a street. The intention is to be able to again walk around the entire lagoon. Between the hotel and the lagoon you can see kind of little circles. Those circles are intended to be kind of an amphitheatre type area so people can get married outside of the hotel and be in front of the lagoon as well as to have different types of outdoor events and/or festivals and other thing in that space. That’s the intention of what the drawing is showing. The hotel where the service area is visible from 114, haven’t been drawn. That’s a preliminary site plan. Certainly we will not make those things visible to any side when the hotel is ultimately designed. This is a foot print and intended to be such. It’s not drawn with those details in mind at this point. B6 and B7, your question was “how do you get to the covered parking?” The intention is that white area between B6 and B7, between B1 and B7, between B3 and B2, between B3 and B4, and between B5 and B4 are all entrance areas to get into the parking garage. So those are all vestibules. They were not eliminated. In fact, I think we have more of them now than we did before. The footprint itself, you can see is in terms of the parking garage is made to be almost a complete rectangle which is the most efficient way to build it. That’s how it was constructed. Is Building A a double-loaded or double-sided retail. That is truly the intention. The concept of that street that’s between Building A and Building B is certainly to make that walkable pedestrian and obviously vehicular. Building A would open to both sides. That’s the intention of what Building A would be. We’d get the visibility from 114 and then also get the benefit of having the other side of the street of Building B having retail on it which would encourage people to walk up and down which would give us a greater degree of probability of being able to lease B7 facing Block A as retail. The public service thing which was the last thing that you mentioned, it’s a place holder. That’s the bottom line. Commissioner Sheridan: My comments sir were not mentioned. You used other people’s comments, but I appreciate that. Scott Beck: Absolutely. It is certainly a place holder. Clearly there has been no negotiation at this point in terms of how or what might happen. We’d love to see there if we can work out a deal or transaction and make that happen. If it’s not in the document then there’s no chance of it happening but at least this gives the opportunity from a placeholder perspective. There would be more taxable Ad Valorem tax if it was an office building. But that’s kind of up to the citizens to decide whether they want something like that there. Commissioner Sheridan: Thank you. We appreciate your comments and your answers. Can I switch to townhomes? Chairman Senelly: Absolutely. Commissioner Reed: I have a quick question for the Fire Chief. Do we have the equipment to service a 6-story office building and hotel? Is the Fire Department prepared for this? Fire Chief Danny Thomas: The buildings are built to International Fire Code standards with the alarm systems and sprinkler systems. Yes we have two pumpers Planning and Zoning Commission Page 42 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes that pump 1,500 g.p.m. [gallons per minute] with one being an aerial device that reaches four stories. A building above 4 stories is a high-rise. That’s why we have a 75-foot ladder. That’s what we would do today. Commissioner Reed: So you have up to four stories today? So if we did do six stories would we have to make a change in your equipment? Fire Chief Danny Thomas: No, we would not have to make a change. Chairman Senelly: Commissioner Sheridan Commissioner Sheridan: Townhomes. Fire Chief Danny Thomas, do you want to comment on the fire codes for this building? Fire Chief Danny Thomas: The fire codes are defined in our International Fire Codes as far as the sprinkler systems, alarm systems, what they have to put, and where they have to put fire breaks between the units. Commissioner Sheridan: This is preliminary site plan, but this is showing a contiguous 675 ft. building. The building would have to be broken with a significant separation. Fire Chief Danny Thomas: It would need to be broken somewhere. Mike Twichell: There’ll be fire walls between each unit. Commissioner Sheridan: I understand. I know the code. I build townhomes. The two hour, the four hour codes, on the plan that’s a 675 ft. long contiguous building. Scott Beck: It won’t be a 675 ft. long contiguous building. It’s merely a depiction, a place holder for where the townhomes will be. There’s up to 30 townhomes. So depending specifically once those townhomes are designed and platted, maybe it’ll be 28, maybe it’ll be 26. Commissioner Sheridan: It will be individual plats? Scott Beck: Correct. Commissioner Sheridan: Our definition includes the word “selling unit” so we’re not talking about for apartments or rental townhomes. Do you understand what I mean by we need to come up with some description of the development standards for the townhomes? Even if it was 100% lot coverage, setbacks still need to be defined. I think it needs to be part of this document. Scott Beck: Aren’t those defined though in the existing city code? Commissioner Sheridan: I wasn’t able to find it. I have the Zoning Code and I have Comprehensive Code. C. Huggins: We do not have design standards for townhomes. Chairman Senelly: What about setbacks and all that? C. Huggins: No sir, we have a definition for townhomes but we do not have anything beyond that in our codes. Scott Beck: It’s a fair point. Planning and Zoning Commission Page 43 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Commissioner Sheridan: For example, in other places for your other buildings, Mr. Twichell, you talk about differential facades. I would like to see that as part of this, setbacks, minimum lot sizes, percent of masonry. Fifty foot high for three stories seemed kind of high to me. Scott Beck: It is significantly shorter than the multi-family that was going to be there. Commissioner Sheridan: I understand and I’m positive towards the townhomes. That’s why I want to see these come to fruition. The other thing is I would typically want to see minimum floor area for 1st, 2nd, 3rd floor, the elevation variables for breaking up the façade. Fire Chief Thomas has already clarified that they will need to be sprinkled because the code is not per house or per unit it’s per under roof. So it would be natural to have more than 6,000 sq. ft. under roof in one of these so I’m assuming they’re going to be. Older folks were mentioned by some citizens and by some commissioners. I’m sorry stairways get to me. In several places elevators are optional. I think in Southlake they’re optional. I don’t know if we’re going to trend towards older folks, whether or not we want to put elevators into code. There’s something that’s been used in PD-25, which is The Highlands, and is called Gifts to the Street. That’s basically designer garage doors, facades, and breaking up the different pitches of the roof and gables. Are you thinking of two car garages throughout or single car? Is it the bottom floor that is going to be all garage and then the houses above it? Where are you coming up with the third floor? C. Huggins: Can I just clarify, you said PD-25. The Highlands is PD-27. Commissioner Sheridan: Yes, that’s correct. Understanding that we’d want to see something and please feel free to submit it with this PD as we discuss it. That’s it for townhomes. Chairman Senelly: May I ask a question Commissioner. You want to see some details on all those things regarding townhomes before they’re permitted. Commissioner Sheridan: If you take a vote right now towards townhomes, I can’t go with it. Chairman Senelly: Even if we stipulate that those details need to be provided. Commissioner Sheridan: Well, no, I want to see what they are. I don’t want to vote on something and say ok, I’ll approve it subject to that coming up in the future. Let’s pin it down. Chairman Senelly: An approval subject to something conditional upon something can be very specific. And you have some idea of what you’d like? Commissioner Sheridan: I have some ideas but I’m also open because we have an architect in front of us who’s done some very nice work and has an idea of what he wants build. Chairman Senelly: As an architect with over 50 years of experience, I can tell you that as a commissioner I don’t want to design these buildings. I’ll just put it that way to you. I think it’s important that we do, as you say, allow our applicant to provide the designs. Commissioner Sheridan: Oh yeah, he’s already done it for every other type of use and then he just follows those same type of guidelines. The other thing is when it comes down to voting, with the restrictions I just mentioned, I’m in favor of townhomes. But I may not be in favor of another part of this change. If you’re going to have seven votes, or you’re going to have one vote, it may not be tonight. We’re Planning and Zoning Commission Page 44 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes going on 10 o’clock. That’s why I was thinking we’re going to continue this for another conversation. Scott Beck: Which is fine, since we are talking about this subject right now, I’d like to bring up Mike Twichell. Because what Mr. Chairman just articulated in terms of designing the townhomes, that’s subject to the developer and ourselves, assuming we end up being the ones that actually develop the townhomes, to go through a process to figure out what the market is going to demand at the point in time that those get done. I’ll bring up Mike to tell you that in the past the different developments that he has done as it relates to townhomes. The Degree of latitude as it relates to how those townhomes are constructed in terms of whether there’s one garage, or two garages, or how many floors you build, and all of the different things are typically usually very flexible from a town home perspective. Chairman Senelly: With all due respect to your architect’s experience and what you’re saying, we accept that there are those latitudes and that there are those variables that will need to be decided at the proper time. Thank you. Other questions or comments? Commissioner Card: I have a question. I wasn’t involved at the beginning and I didn’t see anything related to open space requirements. Were there open space requirements and were they met under this plan, since this preliminary could change. C. Huggins: There were no open space requirements. There are no parkland requirements. What you see are the open spaces like the lagoon. They are provided on this preliminary site plan. We do have a comment back to the applicant right now stating that we would like to see trail connectivity through here. We’ve tried to incorporate some open spaces and common areas in this, but it is pretty much what you see there on that preliminary site plan. Commissioner Card: If all the retail ready units went retail, would the minimum number of apartment units be 310. Would that be correct? Scott Beck: That is correct. The maximum of 310. It could be less. Commissioner Card: What would be the reason why that would be less? Scott Beck: The building is not designed. There’s a high probability it will be less than 310, but it could be up to 310. Commissioner Card: You think it’s a high probability that it could be less. Scott Beck: Yes. Commissioner Card: Apartments seem to be the major issue tonight. We seem to be spending a lot of time on other things. If the apartments are struck down everything else seems academic and we’re possibly wasting time. If they’re approved, then I agree with a lot of our Commissioners saying there is so much in here I’d like to get detailed about what units are where, what townhomes, what restrictions might be put on them, or allowances. A bypass might be out of the question. If the developer says they can’t move forward without the extra apartments, and again I don’t know how any of us are going to vote, but if we vote that we are not going to give any more apartments, I don’t know, unless they’re willing to still move forward, I don’t know how much of this is relevant. I did have a question on Building A in respect to finance. In your estimation, how much of that needs to be preleased before you can get a construction loan? Can you start without any preleasing on A & B. Do you need 50% of that space preleased? What are financiers requiring? Planning and Zoning Commission Page 45 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes Scott Beck: Usually its 20 to 30%. Commissioner Card: 20 to 30% preleased? Scott Beck: Yes. Commissioner Card: As you said before, you are confident that could… Scott Beck: I’m confident we could get 20% to 30% right now based on the groups we are talking to. Commissioner Vowell: If we do not approve the 100 additional apartments, which seems to be the biggest problem with the people sitting here; they want retail; they are ok with the townhomes; could you do the same plan that you have right now with 250 and make a percentage of those retail ready that would bring you down to 210 if all retail was sold? Scott Beck: It doesn’t economically work anymore in terms of the construction costs. Commissioner Reed: That’s what I asked him earlier. It’s kind of an all or nothing thing. Chairman Senelly: Ok Commissioner Reed: That’s why I think we should hear the citizens and then decide. Chairman Senelly: Thank you very much. Before we undertake any decision we want to hear any further comments or questions from you all. If anybody has anything like that, step up, introduce yourselves again, and we’ll give you another 3 minutes. PUBLIC HEARING REQUEST TO SPEAK [second]: 1. Sharon Sheridan: 1 Hillcrest Ct. 2. Jim Parrow: 8 Brookfield Ct. 3. Ann Carne: 4 Brook Hollow Ln. 4. Peggy Sweeney: 51 Meadowbrook Ln. 5. Scott Folley: 2407 Lilyfield Dr. 6. Julie Folley: 2407 Lilyfield Dr. Sharon Sheridan: A 500, 600, 800, 900 sq. ft. apartment is small. How long are they going to stay in there? Enough to pay one month’s rent and then leave? We may get $1,700 a month for 1,250 sq. ft. We may get the security deposit. We may get last month’s rent. They may not pay their electric. They may not come back but maybe they will. So you’ve got to hope for that. Are we going to go short term leases or long term leases? What’s the square footage going to be on townhomes? Are we going to have little ones? Are we going to have big ones? If they are three-story, are the garages underneath? Are they going to face towards the creek? Are they going to look at the parking building? What kind of drive up, drive out facility are you going to have? We have a problem in that area with water. Everything flows into Hogan’s Glenn and floods. So we’re going to take out more trees and put in more cement and we’re going to have more water going into Hogan’s Glenn. We have something there that we need to worry about. Building A & B seem to be the preliminary area that we’re focused on and concerned with building right now tells me maybe you have somebody pretty interested in doing something over there. If you do, and you feel like you can get something going by third quarter, you must know what kind of retails are going to go in there. Are we getting a pool room, another 7-Eleven, an ice cream store, or a soup shop? What are we going to get? Do you have any idea what kind Planning and Zoning Commission Page 46 of 195 Meeting Date: February 20, 2014 January 16, 2014Planning & Zoning Commission Meeting Minutes of people want to come here? We do not need any more dry cleaners. We do not need another Post and Pack Shop. Someone has to know who wants to come here and whether they are going to stay. If you have to be 20 to 30% preleased, who are you preleasing to? Chairman Senelly: Thank you very much. We have an additional person that would like to make some comments or questions. Come on up. Next speaker: Jim Parrow. 8 Brookfield Court. When they were holding the Vision of Trophy Clu A motion was made by Commissioner Reed, seconded by Commissioner Sheridan, that this agenda item be recommended for denial to the Town Council. The motion carried by a vote of 5-1 with Chairman Senelly voting against the denial. Aye:Commissioner Sadley, Commissioner Sheridan, Commissioner Reed, Commissioner Card, and Vice Chair Vowell 5 - No:Chairman Senelly1 - ADJOURN Chairman Senelly adjourned the meeting at 10:37 p.m. _________________________________________ Richard Senelly, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 47 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-867-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Discussion and Recommendation regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. Attachments:2014 Staff Report - PZ - Garage Sale Request.pdf 2014 Application.pdf Action ByDate Action ResultVer. Discussion and Recommendation regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. Planning and Zoning Commission Page 48 of 195 Meeting Date: February 20, 2014 PLANNING AND ZONING COMMISSION February 20, 2014 SUBJECT: Discussion and Recommendation regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. STAFF COMMENTS: On behalf of the Trophy Club Women’s Club, Ms. Wick is requesting permission to hold two community-wide garage sale events in Trophy Club in 2014. The Women’s Club submitted a “Temporary Use Application” and after review by the Special Event Committee it is determined that no Town permit or fee is necessary for this event over and above the recommendation by the Planning and Zoning Commission and approval of the Town Council. The Spring garage sales event will be held on Saturday, May 3, 2014 and the Fall garage sales event will occur on Saturday, October 18, 2014. No alternate rain dates will occur. The Trophy Club Women’s Club is requesting that the event be allowed from 7:00 a.m. to 2:00 p.m. As required by ordinance, the Department of Public Safety reviewed and approved the operations of the event and the proposed locations of the garage sale sites. Trophy Club Code of Ordinance, Chapter 13-Zoning allows a community garage sale by special privilege upon approval by the Town Council, after recommendation by the Planning and Zoning Commission. The ordinance stipulates that only civic organizations or non-profit organizations shall be granted Special Privilege for a garage sale event and that such events shall not occur more than twice annually; and each event shall be one day in duration. Attachment: Temporary Use Application Police Review and Approval Parks and Recreation Director Review and Approval Planning and Zoning Commission Page 49 of 195 Meeting Date: February 20, 2014 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 5 0 o f 1 9 5 M e e t i n g D a t e : F e b r u a r y 2 0 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-857-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/12/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Discussion and recommendation regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC Attachments:Staff Report - PZ 022014 - NH 7 Ph 3C.pdf Town Engineer Review and Approval.pdf Action ByDate Action ResultVer. Discussion and recommendation regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC Planning and Zoning Commission Page 51 of 195 Meeting Date: February 20, 2014 REQUEST: Consider a recommendation of approval of a revised Final Plat of Neighborhood 7, Phase 3C, for the purpose of adding an easement to Lot 63, Block L. APPLICANT: Travis Clegg, Peloton Land Solutions on behalf of High Trophy Development LLC LOCATION: This property is located on the north side of Trophy Park Drive between Chatswood Drive and Freedom Park (the dog park). ZONING: Planned Development District No. 27 (PD-27). The 107 single family residential lots on this plat are Lot Type 3 lots which is as required in PD-27. LOT TYPE 3 DEVELOPMENT STANDARDS : Minimum Lot Size: 8,400 square feet Front Yard: 25-ft. Rear Yard: 20-ft. Side Yard: 5-ft. Side Yard Adjacent to Street: 15-ft. Minimum Lot Depth: 110-ft. Minimum Lot Width: 70-ft. measured at Front Build Line Minimum Lot Width adjacent to street: 80-ft. measured at Front Build Line Minimum House Size: 1,800 sq. ft. HISTORY: The Planning and Zoning Commission recommended approval of a Final Plat for Neighborhood 7, Phase 3C on October 17, 2013. The Council approved the final plat on November 4, 2013. A preconstruction meeting was held for this project on November 11, 2013 and the project was released for infrastructure construction to begin. As construction progressed, it was found that service from Oncor would be needed for future electric service to a large lot north of this neighborhood. Due to the distance from the road to the lot, Oncor is concerned that the electric infrastructure being installed within Phase 3C may not PLANNING & ZONING COMMISSION STAFF REPORT February 20, 2014 Case No. FP-13-057 Final Plat 107 Residential Lots and 4 Open Space lots; 31.487 acres The Highlands at Trophy Club Neighborhood 7, Phase 3C Planning and Zoning Commission Page 52 of 195 Meeting Date: February 20, 2014 handle the load. Oncor requested Trophy Club provide access from Oncor’s overhead lines on Corp property just east of Phase 3C which would enable Oncor to provide future service to the large lot north of this neighborhood. The easement on Lot 63, Block L will allow access to Oncor’s overhead line. As the final plat has not yet been filed in Denton County, a revised final plat is brought back before the Planning and Zoning Commission to ask for a recommendation of approval to allow an easement to be added to the plat. The addition of an easement on Lot 63, Block L is the only change for consideration on this plat and the addition of an easement does not affect the infrastructure construction documents reviewed and approved by the Town Engineer. SUMMARY AND RECOMMENDATION: The plat recommended for approval by the Planning and Zoning Commission on October 17, 2013, and approved by Council on November 4, 2013, could be filed in Denton County and become a matter of public record, and the easement needed along the northern boundary of Lot 63, Block L could be filed by separate instrument. It is preferable, however, that an easement be shown on a plat of record as opposed to filing by separate instrument. The plat meets the Subdivision Rules & Regulations and the requirements of PD-27; therefore, staff asks for a recommendation of approval of the revised Final Plat for Neighborhood 7, Phase 3C. ch Attachments: Town Engineer Approval Final Plat (24x36 hardcopy) Planning and Zoning Commission Page 53 of 195 Meeting Date: February 20, 2014 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: January 24, 2014 RE: The Highlands at Trophy Club, NH 7, Phase 3C – 10’ Easement for Lot 63, Block L The proposed 10-foot easement along the north line of Lot 63, Block L is acceptable. Planning and Zoning Commission Page 54 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-868-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Discussion and recommendation regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Attachments:Staff Report - PZ 022014 - Beck Elementary Site Plan.pdf TNP - Town Engineer Approval.pdf Application.pdf Action ByDate Action ResultVer. Discussion and recommendation regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Planning and Zoning Commission Page 55 of 195 Meeting Date: February 20, 2014 SUBJECT: Discussion and recommendation regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, located in the Northwest Independent School District (NISD), East Campus Addition. Applicant: Rob Morse, RLK Engineering, on behalf of Northwest ISD APPLICANT: Rob Morse RLK Engineering 111 W. Main Street Allen, TX 75013 OWNER: Northwest Independent School District (NISD) 2100 Texas Dr. Justin, TX 76246 LOCATION: Beck Elementary School 401 Parkview Drive Trophy Club, TX 76262 ZONING: “CR” Commercial Recreation This property consists of approximately 8.64 acres of land and is located on the west side of Parkview Drive and is platted as the Northwest Independent School District “East Campus Addition” and is zoned “CR” Commercial Recreational District. To the south and east (across Parkview Drive) are residential zoning - PD-15 The “Lakes”. To the north is Town owned park property – Independence Park West. To the west is residential in the City of Roanoke – Beck Elementary school is on the western boundary of the Town of Trophy Club. PLANNING & ZONING COMMISSION STAFF REPORT February 20, 2014 Samuel Beck Elementary School Site Plan Approval SP-14-026 Planning and Zoning Commission Page 56 of 195 Meeting Date: February 20, 2014 REVIEW: NISD is proposing to add 7,374 sq. ft. to its existing Samuel Beck Elementary school and additional sidewalks along the front and back of the site. Twelve trees (48 caliper inches) will be added to the site. Site Plan: Currently, the buildings on the site consist of 79,999 square feet. The proposed addition of 7,374 square foot will bring the total square footage of buildings to 87,373 sq. ft. The expansion will include constructing a new kitchen, expanding the dining area, adding a new art room, and adding two music rooms to the school. The Site Plan has been reviewed and meets the requirements of the Town’s provisions. Landscape Plan: The Town’s requirement for Non-Vehicular Open Space is 15%. The Landscape Plan indicates the District is devoting 35% of the site to Non-Vehicular Open Space. A tree survey has been provided. Nine trees are being removed from the site. Of those, 4 trees, or 30 caliper inches, are protected and must be mitigated at 1.5” for each caliper inch removed; therefore, 45 caliper inches of trees are required to fulfill mitigation. The applicant is planning to plant twelve 4-inch caliper trees for a total of 48 caliper inches, which meets mitigation requirements. Per the Town’s landscape regulations, a total of 49 trees are required on the site, of which 25 (50%) shall be in the front yard. With the addition of 12 trees, the site will have a total of 111 trees, of which 42 are in the front yard. The applicant is exceeding both the required number of trees on the site as well as the required non-vehicular open space requirements. Building Elevations: The Elevations have been reviewed and the new exterior will match the current façade. – “all brick accent bands and masonry are to match existing” – which meets the requirements of the Town’s masonry provisions. The building heights are provided and meet the Town ordinances. Parking: No changes. Photometrics Plan/Signage: No lighting is being removed or added. No signs or exterior lighting is being changed; therefore, no photometrics plan or signage plan is required. Sheet AS002/Site Details: A new dumpster pad will be poured. The dumpsters will be located in the southeast corner of the site and shall provide masonry screening walls and be gated as required by Town ordinance. SUMMARY: Staff and the Town Engineer have reviewed the Beck Elementary School Site Plan and find that it meets the Town’s ordinances. A memo of Planning and Zoning Commission Page 57 of 195 Meeting Date: February 20, 2014 approval from the Town Engineer for the engineering plans for this project is included in this packet. Staff recommends approval. ch Attachments: Town Engineer Memo Application Site Plan – Hardcopy (24”x36”) – 11 pages Sheet C1 – Site Plan Sheet LP 1.01 – 1.03 Landscape Plan & Tree Survey Sheet LP 5.01 – Landscape Details Sheet LI 1.01 – 1.03 Irrigation Plan & Design Sheet LI 5.01 – Irrigation Details Sheet A201 – Exterior Elevations Sheet AS002 – Site Details - Dumpster Planning and Zoning Commission Page 58 of 195 Meeting Date: February 20, 2014 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: January 29, 2014 RE: Additions to Beck Elementary School – Civil Construction Plans – Final Review Plan comments have been addressed. The site plan package is ready to proceed to P&Z and Council. Planning and Zoning Commission Page 59 of 195 Meeting Date: February 20, 2014 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 6 0 o f 1 9 5 M e e t i n g D a t e : F e b r u a r y 2 0 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-762-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2013 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Discussion and recommendation regarding revisions to Town Sign Ordinance relative to political signage. Attachments:Staff Report - PZ - 022014.pdf Article IV - Sign Regulations - Redline.pdf City Comparison Chart - Political Signage.pdf Action ByDate Action ResultVer. Discussion and recommendation regarding revisions to Town Sign Ordinance relative to political signage. Planning and Zoning Commission Page 61 of 195 Meeting Date: February 20, 2014 Town of Trophy Club To: P&Z Commissioners From: Carolyn Huggins Re: Planning & Zoning Commission Meeting – February 20, 2014 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding revisions to Town Sign Ordinance relative to political signage. Explanation: Changes to the sign ordinance regulating political signage are requested to help candidates more easily understand the regulations regarding political signage, and to make it more feasible for Town Staff to enforce the regulations regarding political signage. Using the page numbers in the upper left corner of the page of Article IV-Sign Regulations: Page 3 – Revise Definition of “Right-of-Way” to include adjacent area, measured 11-ft. from the back of curb. Clarifies that no political signs are allowed within any of the right-of-way, including the first 11-ft. measured from the back of any street curb or edge of pavement. Page 5 – Add a Definition for “Sign Walker”. Pages 12 and 13 – A. 2. Political signs are not allowed in medians or rights-of-way. Clarifies that right-of-way includes 11-ft. from back of curb or pavement. Does not allow sign walkers in medians and rights-of-way. A. 3. Establishes a “vision triangle” – 11-ft. back of any curb from any corner of any intersection. A. 4. Political signs are not allowed on Town owned property. Removes the fire station from the ordinance as the fire station in Trophy Club is owned by the MUD. B. 4. Grants the Designated Official authority to immediately remove political signage in excess of the number permitted, rather than notifying the property owner and waiting 24 hours to act. B. 6. Establishes that political signs in non-residential zoning districts may be placed on the property with the property owners’ written permission and that written permission shall be submitted to the Community Development Department within two (2) days of the sign placement. Attachments: Redline – Chapter 5-General Land Use, Article IV-Sign Regulations. Comparison Chart for political signage rules for surrounding communities. Planning and Zoning Commission Page 62 of 195 Meeting Date: February 20, 2014 Recommendation: Staff requests a recommendation of approval for changes to the Sign Regulations regarding political signage. Town Council Goals: Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Planning and Zoning Commission Page 63 of 195 Meeting Date: February 20, 2014 Article IV Sign Regulations Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Awning: A roof-like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. (Ord. No. 2008-15 § II, 5-19-08, 4.01 Definitions) Designated Official: The Town Manager or his or her designee. Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion of the Designated Official, has any one or more of the following characteristics: 1. Where elements of the surface or background can be seen, as viewed from the right-of-way, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or 2. Where the structural support or frame members are visibly bent, broken, dented, or torn; or 3. Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or 4. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support); or 5. Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions Electronic Message Board: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display. (Ord. No. 2008-15 § II, 5-19-08, 4.01 Definitions) Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. Guardian: 1. A person who, under court order, is the guardian of the person of a minor; or Planning and Zoning Commission Page 64 of 195 Meeting Date: February 20, 2014 2. A public or private agency with whom a minor has been placed by a court. Height Of Signs: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign Illumination, Direct: Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye. Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. Illumination, Internal: Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting surface, which, because of its construction and/or placement becomes in effect a source of light emission. Logo: A design, registered trademark or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company or product. Masonry: Formed concrete, concrete block, cinder block or similar material with facing added to their exposed surface. Minor: A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Premises: Land, including the building upon it; a building or a part of a building. Private Real Property: land, including land containing structures or other improvements, which is owned by one or more persons, a private institution or organization, a private company or companies or other privately owned businesses. Private real property does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. Property: Any tangible personal or real property. Programmed Electronic Display: Any display in which lamps are used to give information such as, but not limited to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different messages. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. Planning and Zoning Commission Page 65 of 195 Meeting Date: February 20, 2014 Right-Of-Way: A strip of land, including the adjacent area, typically 11-ft. back of curb, used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Sign: Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Article, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried signs, and vending machine signs shall not be considered signs for purposes of this Article. Signs include but are not limited to the following: A-Frame/Sandwich Board Sign: A self supporting “A” shaped sign with two visible sides that is situated on or adjacent to a sidewalk. Apartment sign: A sign identifying an apartment building or complex of apartment buildings. Awning Sign: An awning displaying a business name or logo. Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree, utility pole, traffic pole, fence post or other feature or structure that is not designed nor intended to be a part of the structure. These do not include warning signs or other signs required by state law to be placed on a utility pole, traffic pole or fence post. Banner Sign: Any advertising device composed primarily of cloth, paper, fabric, or other similar non-rigid material, supported by wire, rope, or similar means. National and state flags and banners not used for commercial purposes, when located wholly on private property, shall not be considered as signs for the purposes of this Article. Billboard Sign: Any flat surface erected on a framework or on any structure, or attached to posts and used, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand-carried signs, and political signs shall not be considered a billboard for purposes of this Article. Builder Sign: A temporary on-site sign identifying the builder or general contractor of a residential construction site. Bulletin Board Sign: A permanent on-site sign providing public information to the residential subdivision within which it is located. Business Sign: A permanent on-site sign that is used to identify a business, profession, apartment complex, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. Canopy Sign: A canopy sign is a sign painted or affixed to a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Development Sign: A temporary, on-site promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote a subdivision and not any particular builder. Directional Sign: A permanent on-site sign intended to aid in vehicular movement on the site. Planning and Zoning Commission Page 66 of 195 Meeting Date: February 20, 2014 Directional (Temporary Real Estate) Sign: Off-premise “Open-House” and directional signs intended to direct persons to premises offered for lease or sale. Directory Sign: A sign listing the occupants within a shopping center, retail district, office districts, and commercial sites located on the same premises. Electronic Display Sign: Refer to “Programmed Electronic Display”. Fence Sign: A sign that is affixed or attached to a fence, whether permanent or temporary. Flashing Sign: A sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted light source. Electronic display signs are not considered flashing signs for the purpose of this Article. Government Sign: Signs required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or Code. Said signs may also include traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs having to do with the general welfare, health, and safety of the community. Ground Sign: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. Illegal Non-Conforming Sign: A sign which was in violation of any of the Codes of the Town of Trophy Club governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all duly enacted Codes, including but not limited to, signs which are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other structures. Illuminated Sign: A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Inflatable Sign: A hollow sign expanded or enlarged by the use of air or gas. Institutional Sign: A permanent on-site sign used to identify governmental and municipal agencies, public/private schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Legal Non-Conforming Sign: A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to current applicable regulations and restrictions of the Sign Code. Model Home Sign: A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Monument Sign: A sign mounted on a solid base or pedestal with no visible space between the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal shall be constructed of masonry material. Nameplate Sign: A sign that identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. Obsolete Sign: An on-premise sign or sign structure that previously was a legal sign, or a legal, Planning and Zoning Commission Page 67 of 195 Meeting Date: February 20, 2014 non-conforming sign; however, it remains on the property after the first anniversary of the date the business, person or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. Obsolete Leases Premises Sign: An on-premise sign or sign structure that previously was a legal sign, or a legal, non-conforming sign; however, it remains on leased property after the second anniversary of the date the tenant ceases to operate on the premises. Off-Premise Sign: A sign which directs attention to goods, a business, commodity, service, product, or entertainment location other than the site upon which such sign is located or to which it is affixed. The term does not include Special Purpose Signs. On-Premise Sign: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites. Permanent Pole Sign: Any free standing, permanent, on-premise sign supported from the ground up by upright structural members. Pole (or Pylon) Sign: Any free standing, on-premise sign supported from the ground by upright structural members. Political Sign: A sign that promotes a political issue or a candidate or candidates for public office. Also, a sign of any political party, group, or idea that contains primarily a political message. Portable Sign: A sign utilized by a government entity and that is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on mobile structures. Projecting Sign: A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure, including but not limited to, a marquee sign. Protective Sign: A sign that communicates a warning. Service Contractor Sign: A temporary sign identifying the contractor(s) responsible for work currently occurring on a premises. Real Estate Sign: A temporary sign supported by upright structural members and which pertains to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Rider sign: A supplemental sign attached to real estate sign that provides limited but additional information pertaining to the premises on which the real estate is placed. Roof Sign: Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed above the apparent flat roof or eaves of a building as viewed from any elevation. Sign Walker: A person or animal, visible from the public R.O.W., that is holding, twirling, or wearing a sign, wearing lights, or wearing a costume to draw attention to a business, project, place, or event. Structurally Alter Sign: To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. Planning and Zoning Commission Page 68 of 195 Meeting Date: February 20, 2014 Structurally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Special Purpose Sign: A temporary sign that is either on-premise or off-premise that provides identification or information pertaining to a special event or occurrence sponsored by a non-profit or civic organization. Temporary Pole Sign: A free standing, on-premise sign displayed for a temporary period of time as provided in this Article and supported from the ground up by upright structural members. Temporary Sign: A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Vehicular Sign: Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name and address, or temporary signs (with an area of less than 3 square feet) attached to vehicles which may be removed daily. Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a building. Window Sign: A sign painted on or permanently affixed to a window or window area or any sign located on the internal and/or external surface of the window, or is located within two inches (2”) of the window, of any establishment. Sign Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign or other outdoor advertising within the corporate limits of the Town. Sign Structure: Any portion of an advertising device, inclusive of its supports, or any device solely designed for carrying an advertising message. (Ord. No. 2004-02 P&Z § II, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § II 2-7-05) Planning and Zoning Commission Page 69 of 195 Meeting Date: February 20, 2014 Section 4.02 Permit Requirements A. Except as provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. 1. Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the Designated Official authorized so designated to do so by the Town Manager. The application for a sign permit shall contain the following information: a. Applicant’s name, address and telephone number. b. Name, address and telephone number of the Owner of the property on which the sign is to be located. c. Name, address and telephone number of the lessee the sign is to benefit, if applicable. d. Name, address and telephone number of the person/contractor erecting the sign. e. Name, address and telephone number of the electrical subcontractor, if applicable. f. Type of sign and use classification g. Scaled Site Plan Showing: i. The location of the building, structure or tract to which or upon which the sign is to be attached or erected, ii. The position of the sign in relation to nearby structures or other signs, and iii. Dimensions of setbacks, building lines, distances between the sign and streets and property lines. iv. Scaled drawings of the signs including height, width, area, design, text and logo. h. The Designated Official may require the filing of additional plans or pertinent information which, in the Official’s opinion, are necessary to ensure compliance with this Article. 2. Termination of Permit: A sign permit may be terminated in accordance with the following provisions: a. A permit shall be active for the life of the Sign, as long as it is in compliance with this Article. b. A permit shall expire if the sign for which it has been issued has not been constructed within ninety (90) days from the date of issuance. c. A permit issued for any sign including its supporting structure shall automatically expire in the event the sign shall fail inspection and such failure is not corrected within sixty (60) days. d. The Designated Official may suspend or revoke any permit whenever it is determined that the permit has been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of the Sign Code, any other Code of the Planning and Zoning Commission Page 70 of 195 Meeting Date: February 20, 2014 Town, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the Owner of the sign or the Owner of the premises on which the sign is located. Any sign for which a permit has been revoked shall be immediately removed by the person in control of the sign or premises upon which the sign is located within fifteen (15) business days of the receipt of the written notice of revocation. e. Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal with the Planning Official no more than ten (10) business days after the receipt of written notice of the revocation. The appeal will be forwarded to the Planning & Zoning Commission for review. The Commission shall forward a recommendation to the Town Council for final determination. The decision of the Town Council shall be final. 3. Permit Fees A sign permit fee shall be paid to the Town in accordance with the most current fee schedule adopted by the Town. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord No. 2005-03 P&Z § III, 2-7-05) Planning and Zoning Commission Page 71 of 195 Meeting Date: February 20, 2014 Section 4.03 General Standards A. Purpose / Applicability The purpose of this Article is to protect those areas both within the corporate limits and within the extraterritorial jurisdiction of the Town from visual clutter and safety hazards resulting from driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. B. Height of Signs Sign height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign. C. Building and Electrical Codes Applicable All signs must conform to the regulations and design standards of the Building Code, UL standards and other Codes of the Town. Wiring of all electrical signs must conform to the current Electric Code of the Town. D. Illuminated Signs Signs with external lighting shall be down-lighted. The light source shall be fully shielded such that it cannot be seen from the property line of the site on which the sign is located. Although the light cast from the source may be visible at the property line of an abutting residential property, any spillover light at the abutting residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall be permitted by meritorious exception as provided for in Section 4.11 – Meritorious Exceptions & Appeals. E. The following provisions shall apply to all areas and zoning districts of the Town: 1. Governmental Signs Nothing in this Article shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Stop signs and street signs placed within the Town shall conform to the design specified in the Town’s Subdivision Regulations. 2. Addresses Address numerals and other signs required to be maintained by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 3. The occupant of a premise may erect not more than two (2) protective signs in accordance with the following provisions: a. Each sign must not exceed one (1) square foot in effective area; Planning and Zoning Commission Page 72 of 195 Meeting Date: February 20, 2014 b. Detached signs must not exceed two (2) feet in height; and c. Letters must not exceed four (4) inches in height. 4. Temporary holiday decorations are permitted. 5. Vehicular signs are prohibited except as specifically allowed by this Article; however, vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being loaded or unloaded, and on passenger vehicles parked at the Owner’s or user’s place of residence or business. F. Billboard Signs - CEVMS Pursuant to Section 4.06 (B), Billboard Signs are not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the Town Council upon recommendation of the Town Planning and Zoning Commission. The erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the extraterritorial jurisdiction of the Town is hereby expressly prohibited. G. CEVMS or Electronic Message Board Signs For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. (Ord. No. 2008-15 § II, 5-19-08, 4.03 A-E re-numbered and added F & G) (Ordinance No. 2005-03 P&Z, § IV, 2-7-05 Repealed by Ord. No. 2004-02 P&Z § III, 1-19-04) Planning and Zoning Commission Page 73 of 195 Meeting Date: February 20, 2014 Section 4.04 Traffic Safety A. Conflicts with Public Signs No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. B. Sight Visibility Restriction: No sign shall be located in any vision triangle as identified in the Town’s Subdivision Regulations. (Ord. No. 2004-02 P&Z § IV, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z, § V, 2-7-05) Planning and Zoning Commission Page 74 of 195 Meeting Date: February 20, 2014 Section 4.05 Temporary Signs A. Temporary Signs Except as specifically provided in this Section 4.05herein, the following regulations shall apply to all temporary signs: 1. Duration: All temporary signs may shall be erected or maintained in any location for a maximum period of sixty (60) days before the signs must be replaced or removed. Temporary signs shall be kept in repair and proper state of preservation. Temporary signs advertising an event, function or activity shall be removed within three (3) days following the date of the event, function or activity. 2. Right-of-Way No temporary sign may shall be erected or placed in the median. of any public right-of-way. However,No temporary signs mayshall be placed in the Town’s Rright-of-W way, which for the purposes of this Section shall be defined as the first 11-ft. as measured from the back of curb, or, if no curb, the first 11-ft. from the edge of the roadway pavement. between the curb and property line provided they do not create a safety hazard of any type, including but not limited to impaired visibility. Sign Walkers are prohibited in the median and Right-of-Way. 3. Safety Hazard Prohibited Temporary signs shall not be installed in any manner that may result in a potential safety hazard of any type, including placement in a vision triangle, designated as 11-ft. back of any curb from any corner of an intersection. 4. Town Owned Property Temporary signs shall not be placed on any Town owned property, including but not limited to Town parks, fire stations, police stations, libraries, or buildings located on property owned, leased, utilized, or controlled by the Town unless prior written permission is obtained from the Town. 5. Removal: Except as specifically provided herein, any temporary sign placed, erected, or maintained in violation of this Article may be removed by the Designated Official without notice. B. Political Signs 1. No political sign may be erected or placed on private real property, including but not limited to vacant lots or tracts, unless the property Owner has given written permission and such documentation is provided to the Designated Official upon the Official’s request. Political signs may be erected or placed on any private lot or property or on any trailer or vehicle as specifically described in this Section 4.05 – Temporary Signs, and in accordance with the regulations governing temporary signs. 2. Number, Size and Placement: Planning and Zoning Commission Page 75 of 195 Meeting Date: February 20, 2014 A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate and two signs per issue on the election ballot shall be erected on any parcel of land. As used in this section “parcel” shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. The front and back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three or more surfaces are prohibited on residentially zoned parcels of land. Section 4.05(B)(2) Amended Ord. No. 2008-11, § II, 3-03-08 3. In the event that the number of political signs upon a lot or property exceeds the total number permitted by this Article, the signs in excess of the number permitted shall be deemed to be in violation of this Article. The Designated Official shall notify the property Owner on which the political signs are located of the violation; the property Owner must then remove the signs in excess of the permitted amount within twenty-four (24) hours following the time of such notification.have the authority to immediately remove the signs and shall hold the signs for five (5) calendar days for disposal. 4. Removal Period Procedure in Event of Non-Removal All political signs shall be removed within a period not to exceed three (3) days after the date of the election for which the sign was placed. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs. 5. Vehicle Mounted Political Signs: A political sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be parked on a public street in accordance with the Town’s parking regulations. For purposes of this paragraph, a political sign is not required to be supported by the ground. 6. Zoning Districts Political signs meeting all requirements of applicable Town ordinances shall be allowed in all residential zoning districts of the Town. For all other zoning districts, political signs meeting all requirements of this and other applicable Town ordinances may be placed provided that prior to placement of the sign, written consent is obtained from the owner of the property where the sign is located. Proof of such consent shall be submitted to the Community Development Department within two (2) business days following placement of the sign on the propert y. Under this section, owner shall include the authorized agent or representative of the property owner. 7. Exemptions Political signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. C. Banner Signs Planning and Zoning Commission Page 76 of 195 Meeting Date: February 20, 2014 1. Number, Size & Placement One banner sign no more than thirty-six (36) square feet per premise or lease space shall be allowed no more than two (2) times annually. 2. Duration Banner signs shall be permitted for no more than thirty (30) days. 3. Zoning Districts Banner signs shall be allowed in all non-residential zoning districts 4. Consecutive Display Prohibited At least ninety (90) days must lapse between the end of the first period of display and the beginning of the second period of display. D. Real Estate Signs Real Estate Signs are authorized to be erected, in addition to permanent signage, in accordance with the following provisions: 1. Real Estate Signs Include a. Real estate advertising signs that advertise a builder, developer, Owner, realtor or model home by showing a name, address, and/or telephone number for the purpose of selling, leasing or renting a particular property on which the sign is placed; b. “Open House” signs indicating that a house on the lot which the sign is placed is available for viewing by the public; and c. Temporary directional signs showing arrows or other means of property location and direction. d. Riders may be attached to real estate signs. 2. Number, Size and Location a. Signs shall contain no more than two (2) sides and shall be limited to six (6) square feet of text area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as being commercial signs and shall be subject to Section 4.06 – Commercial & Institutional Signs of this Article. b. Signs shall be temporary and will be removed upon sale, lease or rental of property. c. The maximum height of such signs shall not exceed four (4) feet, as measured from the ground. d. Real estate signs as categorized in Section 4.05(D)(1) – Temporary Signs, Real Estate Signs Include, on all lots other than golf course lots shall be limited to one advertising sign and one “open house” or directional sign [during the hours permitted by Section 4.05(D)(2) – Temporary Signs, Number, Size and Location, hereof per lot. On lots adjoining a golf course, one additional real estate advertising sign may be placed to face Planning and Zoning Commission Page 77 of 195 Meeting Date: February 20, 2014 the golf course. e. A maximum of six (6) directional signs may be placed off-premise for each premises (whether one or more lots or tracts) offered for sale or lease. Spacing between each sign shall be a minimum of four hundred feet (400’) along the following streets: Trophy Club Drive, Indian Creek Drive, Village Trail, Durango Drive and Trophy Wood Drive. Prior to such placement, any person or entity placing such a sign shall have received authorization or approval for such placement from the Owner of, or other person having custody or control over, the property upon which such sign is placed. f. No real estate sign may be erected or placed in the median of any public right-of-way. Any real estate sign so erected or placed in any public right-of-way may be removed by the Designated Official without notice. g. “Open house” signs and directional signs located off-premises shall be permitted only between noon on Friday through noon on Monday. “Open house” or directional signs shall be placed no closer than three (3) feet from the street, curb or edge of pavement. In the event that any such sign is not in compliance, the Designated Official of the Town may remove the sign. Signs shall not be permitted to be within any thoroughfare median in the Town. h. Unique signs that demonstrate increased quality and standards but do not meet the dimension standards provided in this section may be permitted by means of “meritorious exception” as provided in Section 4.11 – Meritorious Exception and Appeals. i. Zoning Districts Real Estate Signs shall be allowed in all zoning districts of the Town. E. Special Purpose Signs Special Purpose Signs complying with the provisions of this Section shall be allowed in conjunction with Special Events provided that a Special Event Permit issued pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for the Event. Special Purpose Signs may be posted for Events that are expressly exempt from the Requirements of Article XV of Chapter 10 provided however that all such signs shall comply with the requirements of this Section and other applicable provisions of the Sign Ordinance. 1. Number, Size and Placement a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be allowed on the Special Event site. Placement of the Banner shall be subject to the requirements of the Special Event Permit or the approval of the Community Development Director when a Special Event Permit is not required. A Banner shall not be strung between trees, but shall be securely attached to a building, or securely strung between two temporary poles. b. Informational and Directional Signs. Informational and/or Directional Signs advertising the Special Event shall be placed no closer than three (3) feet from the edge of a street, curb or the edge of pavement in a public street right-of-way. In the event that the Town determines that any such sign impedes visibility at intersections, fails to comply with the Special Events Ordinance or Special Event Permit, or that the Planning and Zoning Commission Page 78 of 195 Meeting Date: February 20, 2014 placement of signage is a nuisance (for instance, obstructing a sprinkler head), Town may remove the sign without obligation to return the sign to the owner. No sign shall exceed four (4) square feet. The total number of signs shall not exceed the number specified on the Special Event Permit. Spacing between each sign shall be a minimum of four hundred feet (400’) and shall only be allowed along the following streets: Trophy Club Drive, Indian Creek Drive, Trophy Wood Drive, Village Trail, Durango Drive and Bobcat Boulevard. Informational and directional signs shall not be allowed on any other streets in Trophy Club. Signs shall not be erected in the center median of any divided roadway. 2. Duration Special Purpose Signs authorized by this Section in accordance with a valid Special Event Permit shall be allowed up to fourteen (14) days prior to the date of the Event. All signage shall be removed within twenty-four (24) hours following the conclusion of the Event. (Ord. No. 2004-02 P&Z § VI, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § VI, 2-7-05) (Ord. No. 2007-10, § II, amended Section 4.05(B)(2), 3-05-07) (Amended Ord. No. 2008-11, § II, Amended Section 4.05(B)(2) 3-03-08) (Ord. No. 2011-14, § II, Repealed Section 4.05(E) in its entirety and adopted new Planning and Zoning Commission Page 79 of 195 Meeting Date: February 20, 2014 Section 4.06 Commercial and Institutional Signs A. Commercial Signs and Institutional Signs shall be subject to the following provisions: 1. On Premises Signs Signs in areas zoned for Non-Residential purposes shall be on-premises signs. 2. Maximum Gross Surface Area The face of each sign shall not exceed the gross surface area as outlined below. 3. The height of monument signs shall not exceed ten feet (10’) from average ground level. 4. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. 5. Signs owned, constructed and used by the Town to provide information, direction and enforcement shall be exempt from these requirements. 6. Wall signs shall be centered horizontally on the store frontage for a tenant’s space. The maximum copy height shall not exceed two feet (2’), six inches (6”). The minimum copy height shall be one foot (1’), two inches (2”). The mounted copy depth shall be five inches (5”). Wall signs shall not project more than twelve inches from the wall surface. 7. Illuminated Signs a. Internally lit, individual aluminum channel letters shall have a 1/8 ” Plexiglas front. The raceway shall be painted to match the surface upon which it is mounted. b. The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. c. Illuminated signs which are visible through the window of a tenant’s space shall be set back a minimum of two (2”) inches from the face of the window. The distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. B. Miscellaneous Sign Regulations The following table entitled “Signage Criteria” contains the regulations governing all other signage allowed by this Article. Planning and Zoning Commission Page 80 of 195 Meeting Date: February 20, 2014 Sign Type Number Size & Height Duration Zoning District A-Frame/Sandwich Board Prohibited Apartment 1 per entry 50 sq ft/ Life of Permit Residential Awning Prohibited Bandit Prohibited Banner 1 per premise or lease space no more than 2 times annually 36 sq ft. N/A 30 days Non- Residential Billboard Along property which abuts State Highway 114 To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Non- Residential Builder/Contractor 2 per premise 6 sq ft 4 ft Removed upon sale, lease, rental All Districts Bulletin Board To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Residential Canopy 25 sq ft or 10% of the face of the canopy of which it is a part of or to which it is attached, whichever is greater Life of Structure Non- Residential Contractor Service No limit provided total combined sq footage does not exceed 6 sq ft 6 sq ft 4 ft Removed upon sale All Districts Construction 1 per project/premise 32 sq ft 5 ft Completion of project All Districts CEVMS 1 per premise with approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards 50 sq. ft. 4 ft. Life of Permit All Districts Development 1 per project/premise 32 sq ft 5 ft 90% of all lots/houses sold All Districts Directional 6 sq ft 3 ft Life of Permit All Districts Directional Temporary Real Estate 3 off-premise for each lot/premise 6 sq ft 4 ft Between hours of noon Friday-noon Monday All Districts Directory 1 per premise To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Non- Residential Electronic Message Boards 1 per premise with approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards 50 sq. ft, 4 ft Life of Permit All Districts Fence Prohibited Flashing Prohibited Government No limit No limit No limit No limit All Districts Planning and Zoning Commission Page 81 of 195 Meeting Date: February 20, 2014 Sign Type Number Size & Height Duration Zoning District Sign Type Ground 1 per entry/premise 16 sq ft 4 ft Life of Permit All Districts Illuminated 1 per premise 50 sq ft Life of Permit Non- Residential Inflatable 1 per premise To be determined by the Town Council upon recommendation of the Planning & Zoning Commission All Districts Institutional 1 per entry/premise 50 sq ft 4 ft Life of Permit Non- Residential Model Home 1 per Model Home 16 sq ft 4 ft Removed upon sale, lease, rental Residential Districts Monument 1 per entry/premise 50 sq ft 10 ft Life of Permit All Districts Nameplate 1 per lease space 2 sq ft 1 ft Life of Permit Non- Residential Off-Premise Prohibited Political 36 sq ft 8 ft 60 days All Districts Portable Restricted Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of structure All Districts Real Estate Restricted Rider Restricted Roof Prohibited Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days prior/24 hr following All Districts Temporary Pole 1 per premise/lot 32 sq ft 5 ft 6 months All Districts Wall 1 per lease space 40 sq ft or the product of 2 times the lineal width of the wall, whichever greater. Shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant’s space Life of Permit Non- Residential Window No limit provided total combined sq footage does not exceed 25% of the visible window area available in the absence of any signs Life of Permit Non- Residential (Ord. No. 2008-15 § II, 5-19-08, Amended 4.06) (Ord. No. 2004-02 P&Z § VIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VII, 2-7-05) Planning and Zoning Commission Page 82 of 195 Meeting Date: February 20, 2014 Section 4.07 Permissible Signs Not Requiring Permits A. The following signs shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Banner Signs Signs placed on property belonging to a Church or other religious institution for purposes of conveying religious messages or providing the public with other information related to the Church or religious institution. 2. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 3. Government Signs Signs posted by duly constituted governmental authorities in pursuance of their public duties. 4. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 5. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back. 6. Memorial Sign Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 7. National and/or State Flag Display of flags is allowed. 8. Other Signs As and to the extent as provided for by Section 4.03 – General Standards, of this Article. 9. Political Signs: As permitted in Section 4.05(B) – Temporary Signs, Political Signs. 10. Real Estate Signs: As permitted in Section 4.05(D) – Temporary Signs, Real Estate Signs. 11. Vehicle Sign Planning and Zoning Commission Page 83 of 195 Meeting Date: February 20, 2014 Signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four hours or for a longer period where the primary purpose of such parking is not the display of any sign. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VIII, 2-7-05) Planning and Zoning Commission Page 84 of 195 Meeting Date: February 20, 2014 Section 4.08 Temporary Permits The Designated Official of the Town of Trophy Club upon application from an individual or company may grant Temporary Permits or Waivers to hang banners and/or signs for Commercial purposes as set forth in Section 4.05 – Temporary Signs, of this Article. Signs and banners approved by the Planning Official as meeting the criteria necessary to satisfy the provisions found in Section 4.05 – Temporary Signs, of this Article may be displayed on a temporary basis not exceeding a six (6) week period. The length of the temporary permit will be at the discretion of the Planning Official, not exceeding the maximum six (6) week period. At the time of expiration of the Temporary Permit or Waiver, it will be the responsibility of the applicant to remove the banner or sign. The application process for a temporary permit or waiver will be governed by the same guidelines as set forth in Section 4.02 – Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an initial period not to exceed one (1) year. An applicant may request one (1) additional renewal for a period of one (1) year. Such renewal may, within the discretion of the Planning Official, be granted if the sign is in good and sound condition and meets the requirements of this Article. (Ord. No. 2004-02 P&Z § XI, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § IX, 2-7-05) Planning and Zoning Commission Page 85 of 195 Meeting Date: February 20, 2014 Section 4.09 Non-Conforming Uses A. Any existing sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 4.11 – Maintenance of Signs of this Article. It is the declared purpose of this Section 4.09 that nonconforming signs and signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. B. The Designated Official, after ten (10) days written notice to the Owner of the premises on which the sign is located, shall have the authority to remove any nonconforming sign which either: 1. Was not permanently affixed to the ground on the effective date of this Article, or 2. Was erected in violation of a Town Code in effect at the time of its erection. C. The Town Council may order nonconforming signs to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code, provided that the signs: 1. Are not permanently affixed to the ground on the effective date of this Article, 2. Were erected in conformity with Town Codes in effect at the time of their erection, and 3. Remain in place after six (6) months from the effective date of this Article. D. An Owner of any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein. E. Moving, Relocating, or Altering of Signs No nonconforming sign shall be moved, altered, removed and reinstalled, or replaced unless it is brought into compliance with the requirements of this Article. F. Change in Use or Occupant of a Structure Any nonconforming sign may continue to be utilized as long as the occupancy within the structure remains the same. When a use changes from one occupancy category to another, or when there is a change in occupant, all signs serving that occupant, shall be brought into conformance with the provisions of this Article. (Ord. No. 2004-02 P&Z § XII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § X, 2-7-05) Planning and Zoning Commission Page 86 of 195 Meeting Date: February 20, 2014 Section 4.10 Meritorious Exceptions and Appeals A. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, another primary objective has been the guarding against signage over-control. B. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Article and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution, to the visual environment. Upon request of an interested party, the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a meritorious exception under this Section 4.11(B). C. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Article, the Town Council shall hear appeals with respect to any actions of the Designated Official in the interpretation and enforcement of this Article. Any such appeal shall be brought, by written application filed by an interested party, to the Planning and Zoning Administrator within ten (10) days after the action of the Designated Official which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal. In hearing such appeals, the Planning and Zoning Commission shall review the determination of the Designated Official and, in doing so, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall forward a recommendation to the Town Council, who shall act on the subject of the appeal. A decision of the Council shall be final. (Ord. No. 2004-02 P&Z § XIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XI, 2-7-05) Planning and Zoning Commission Page 87 of 195 Meeting Date: February 20, 2014 Section 4.11 Maintenance of Signs A. Maintenance Each sign shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign. The Building Official shall require compliance or removal of any sign determined by the Building Official to be in violation of this section in accordance with the enforcement provisions set forth below. B. Dilapidated or Deteriorated Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dilapidated or deteriorated condition as defined herein. Upon notice of violation, any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. (Ord. No. 2005-03 P&Z § XII, 2-7-05) Planning and Zoning Commission Page 88 of 195 Meeting Date: February 20, 2014 Section 4.12 Violations A. A person is responsible for a violation of this Article if the person is: 1. The permit holder, owner, agent, or person(s) having the beneficial use of the sign, 2. The owner of the land or structure on which the sign is located, or 3. The person in charge of erecting the sign. B. It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the Town of Trophy Club, or cause the same to be done, without first obtaining a permit to do so from the Building Official of the Town of Trophy Club, except as may be hereinafter provided. C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued existence of any sign for which the required permit was not obtained. D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any sign in violation of the provisions of this Article within the Town of Trophy Club. E. It shall be unlawful for any person to violate any term or provision of this Article. (Ord. No. 2005-03 P&Z § XIII, 2-7-05) Planning and Zoning Commission Page 89 of 195 Meeting Date: February 20, 2014 Section 4.13 Enforcement A. Authority The Designated Official is hereby authorized to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the corporate Town limits of Trophy Club, in accordance with the enforcement mechanisms set forth in this section. B. Notice of Violation When the Designated Official determines that a sign located within the corporate Town limits of Trophy Club is dilapidated, deteriorated, illegal, prohibited or abandoned, they shall issue a notice of violation to the owner of the sign or to the owner, occupant, or person in control of the property on which the sign is located. 1. Contents of Notice of Violation: The notice of violation shall contain: a. Name of the owner, occupant, manager or other person in control of the property. b. Street address sufficient to identify the property on which the alleged violation occurred. c. Description of alleged violations and reference to the provisions of this Article that have been violated. d. Statement of the action required to correct the violation and a deadline for completing the corrective action. e. Statement that failure to take the corrective action within the time specified may result in i. A criminal penalty not exceeding Five Hundred Dollars ($500) per day for each violation, ii. The Town filing a civil action against owner seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each violation. f. Statement informing recipient of their right to appeal the decision of the Designated Official. 2. Service of Notice of Violation The Designated Official shall serve a written notice of violation on the owner of the sign, or the owner, occupant, or person in control of the property on which the sign is located. The notice of violation should be served by either hand-delivery or by certified mail, return receipt requested. Service by certified mail shall be effective three (3) days after the date of mailing. (Ord. No. 2005-03 P&Z § XIV, 1-19-04) Planning and Zoning Commission Page 90 of 195 Meeting Date: February 20, 2014 Section 4.14 Enforcement Remedies A. Criminal Penalties Any person, firm or corporation violating any of the provisions or terms of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and every day or portion thereof that such violation shall continue shall constitute a separate offense. B. Civil Remedies The Town may file a civil action in State District Court to enforce the requirements of this Article, seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each offense as authorized by Subchapter B of Chapter 54 of the Texas Local Government Code, as amended, or any other applicable law. C. Emergency Removal of Sign The Town may remove a sign, which the Designated Official finds to be an immediate and imminent threat to the public safety because of its dilapidated, deteriorated or structural condition. D. Remedies Cumulative All remedies authorized under this Article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this Article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal.” (Ord. No. 2005-03 P&Z § XVI, 2-7-05) Planning and Zoning Commission Page 91 of 195 Meeting Date: February 20, 2014 Section 4.15 Prohibition A. All signs not specifically authorized herein are prohibited. 1. Obsolete Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, an obsolete sign. 2. Obstructing Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, a sign that prevents free ingress to or egress from any door, window or fire escape. 3. Signs displaying materials determined to be obscene by a court of law. 4. Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic control device by vehicular or pedestrian traffic. No sign shall be erected which, by reason of shape, color, size, design or position, would be reasonably likely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right-of-way. 5. Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code of the Town of Trophy Club or by Fire Department regulations. 6. A-frame and sandwich board signs. 7. Signs located on public property, including but not limited to signs attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. 8. Roof Signs. 9. Signs attached to a standpipe or fire escape. 10. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or structure except as otherwise allowed by this Article. (Ord. No. 2004-02 P&Z § XIV, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XVI, 2-7-05) Planning and Zoning Commission Page 92 of 195 Meeting Date: February 20, 2014 Section 4.16 Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-02 P&Z § XIX, 1-19-04 Repealed by Ord. No. 2005-03 P&Z, § XXI, 2-7-05) Planning and Zoning Commission Page 93 of 195 Meeting Date: February 20, 2014 POLITICAL SIGNS 28-Jan-14 City / Town Type of Signs Temporary / Permanent Permit Required Sign Structures Maximum Sign Height/SqFt Number of Signs Location Duration / Time Limitation Other Standards Westlake Political Temporary No 4 SF Not in ROW, extend into ROW or cause Traffic Hazard Remove within 30 Days of Election, Run-off Southlake Political Temporary No 8 Feet/72 SF No Limit Remove within 7 Days of Election Prohibited signs include Sign Walkers Fort Worth Political Temporary No 8 Feet/36 SF Not in ROW or Medians, Private prop. Only Keller Political Temporary No Self Supporting 8 Feet/36 SF Per State Law, Private prop. Only Effective Area Measurements Denton Temporary Temporary No Support Structure 1 max.Not in ROW, 10' Back of Curb Remove within 10 Days of Event Special Sign Districts Plano Political Temporary No On Private Prop. Only No vehicular sign sitting more than 72 hours Frisco Political Temporary No 8 Feet/36 SF Private prop., no Public prop., 10' Back of Curb Remove within 10 Days of Election McKinney Political Temporary No Grapevine Temporary Political Temporary No 4 SF Not in ROW or Historic District, Prvt. Property w/out Traffic Hazzard 60 Days Prior, 10 Days After Refers to State Law Flower Mound Temporary Non- Commercial Temporary No 8 Feet/36 SF Not in ROW or Public prop.Erected and removed by Candidate/Representative Refers to State Law Trophy Club Political Temporary No 8 Feet/36 SF 1 per Candidate, 2 per Issue Not in Medians or Town owned prop.Remove within 3 Days of Election Planning and Zoning Commission Page 94 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-870-T Name: Status:Type:Agenda Item Public Hearing File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Attachments:Staff Report - PD-30 Amendment Request.pdf REDLINE.pdf Exhibit H - Proposed New Concept Plan.pdf Exhibit I - Proposed New Preliminary Site Plan.pdf Lists of Public Hearing Speakers.pdf Public Hearing Notice - Newspaper - Rescheduled - PD-30.pdf Public Hearing Notice - Residents.pdf Action ByDate Action ResultVer. Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Planning and Zoning Commission Page 95 of 195 Meeting Date: February 20, 2014 SUBJECT: Public Hearing, Discussion and Recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by William Dahlstrom, Jackson Walker L.L.P. APPLICANT: William Dahlstrom Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 ARCHITECT: Mike Twichell Michael F. Twichell, L.P. 3624 Oak Lawn Avenue, Suite 320 Dallas, Texas 75219 OWNER: Scott Beck JSB Properties, LP 12222 Merit Drive, Suite 120 Dallas, TX 75251 LOCATION: Northeast corner of State Highway 114 and Trophy Club Drive ADJACENT ZONING/EXISTING LAND USES: North: The Estates at Hogan’s Glen (Zoned PD), Fellowship United Methodist Church (zoned for neighborhood services) South: State Highway 114 East: Lake Forest Village (Zoned: R-12) West: The Village at Trophy Club retail center PLANNING & ZONING COMMISSION STAFF REPORT February 20, 2014 Case No. PD-AMD-14-04 Amendment to Planned Development No. 30 Planning and Zoning Commission Page 96 of 195 Meeting Date: February 20, 2014 REQUEST: The applicant is requesting amendments to PD-30 as outlined below. EXISTING CONDITION OF THE PROPERTY: This property is currently vacant. It is surrounded on three (3) sides with existing roadways, State Highway 114 to the south, Trophy Club Drive to the west and Indian Creek Drive to the north. The property is generally open and clear with several trees located in the middle of the property. A creek is located along the eastern side of the property. Two one-story office buildings are located on the property near the intersection of Trophy Club Drive and Indian Creek Drive. ZONING: The property is zoned Planned Development No. 30 (PD-30), with mixed uses including retail, hotel, office, and retail/multi-family uses. PROPOSED AMENDMENTS 1) Definitions, Delete No. 14 -- Remove “Hotel Residential”. Staff Comment: “Hotel Residential” allows 20 residential units inside the hotel. The applicant is removing this use from the PD. 2) Definitions, Add No. 28 – “Retail Ready”. Staff Comment: This defines the type of retail/residential units allowed on the ground floor of Buildings B4, B5 and B7. The “retail ready” units are intended to provide flexibility of occupying a space in accordance with market demand and allowing the use in such space to change from retail uses to residential units in accordance with the market. 3) Definitions, Add No. 40 – “Townhouse/Townhome”. Staff Comment: To allow 30 Townhomes in Area I. The creek located along the east side of the property has an associated floodplain. Detailed analysis will be required to determine the actual location of the floodplain and any resulting impact by the proposed development. On-site mitigation may be required. The creek will be required to be located within a public drainage easement. 4) Permitted Uses Remove “Hotel Residential” Add “Townhouse/Townhome” Remove “Public Service Facilities” Staff Comment: Hotel Residential and Townhouse/Townhome reflect the request above in 1) and 3). Removing “Public Service Facilities” is in response to objection from the Planning and Zoning Commission to have Public Service Facilities as a permitted use in PD-30. Planning and Zoning Commission Page 97 of 195 Meeting Date: February 20, 2014 5) Modify “Maximum Height” table to allow “retail ready” on the first floor of mixed use urban residential buildings and to set a maximum height for Townhouses/Townhomes buildings. Staff Comment: In addition, in other areas of the PD, it is specified that retail ready will only be allowed in Buildings B4, B5 and B7. 6) Add “except as otherwise permitted herein” to D. Design Standards 1. Mixed Use a. General ii. to allow close horizontal adjacency of different uses. Also Add subsection “iv” Staff Comment: This is to allow mixed retail and residential uses on the ground floor of Buildings B4, B5, and B7 in up to 40 retail ready units. 7) Although not reflected in this redline, “Public Safety Facilities” will be removed from: D. Design Standards 3. Uses Allowed on Specific Frontages a. i. and ii. 8) Add that balconies are not allowed in mixed use buildings fronting Trophy Club Drive. E. Non-Residential/Mixed Use Building Design Guidelines 3. Building Locations e. Staff Comment: Residential units facing Trophy Club Drive shall not have balconies. 9) Revise: E. Non-Residential/Mixed Use Building Design Guidelines 4. Specific Building Requirements b., and c., and f., and associated illustrations Staff Comment: This request is to change the requirement of a minimum to a maximum. The current PD requires that there be a minimum of 40% windows, storefronts, and entrances on the ground floor façade for non- residential/mixed use buildings facing Type “A” Drive, State Highway 114 frontage road, Trophy Club Drive, Indian Creek Drive, secondary streets, and private and mews streets. Approval of this request will change the requirement of a minimum of 40% windows, storefronts, and entrances on the ground floor facades to a maximum of 40% windows, storefronts, and entrances on the ground floor facades of those non-residential/mixed use buildings facing the above listed streets. Planning and Zoning Commission Page 98 of 195 Meeting Date: February 20, 2014 10) Revise: E. Non-Residential/Mixed Use Building Design Guidelines 4. Specific Building Requirements d. and F. Urban Residential Guidelines 3. Building Materials Staff Comment: Allows the use of EIFS rather than stucco 11) Add the use of urban residential on the first floor in Buildings B4, B5 and B7 to “F” Urban Residential Guidelines. 12) Other Revisions to “F” Urban Residential Guidelines: • Remove Hotel Residential Standards as those units will no longer be allowed. • 4. a. Add a statement that allows urban residential in a building fronting Trophy Club Drive if the urban residential is located above the first floor. • 4. b. Balconies are not allowed in urban residential fronting Trophy Club Drive. • 4. e. Limits urban residential to 250 with up to an additional 40 urban residential units permitted on the first floors of Buildings B4, B5 and B7 provided those units are retail ready. • Removes from the PD document the ability to request additional urban residential by Special Use Permit (SUP). • 4. f. Defines Phasing. Area A and B shall be simultaneously constructed and provides for a definition of “commencement of construction” for clarification of intent. • 7. Townhome Residential Requirements Staff Comment: Section 7, A through F establishes standards for construction of the Townhomes in PD-30. Such as: • Individually platted lots • A maximum of 7 units per cluster • Maximum density of 30 townhomes allowed • Maximum height - 3 stories • Minimum square footage of townhomes – 1,400 sq. ft. with 800 sq. ft. minimum allowed on the second floor. o First Floor – garage o Second Floor – 800 sq. ft. minimum o Third Floor – not to exceed 2nd floor • Lot size, lot coverage and setbacks • Design guidelines • Parking requirements • Trash containers Planning and Zoning Commission Page 99 of 195 Meeting Date: February 20, 2014 Additional Staff Comment: 7. a. iv. References detached garages. Detached garages will not be constructed for the townhomes and this reference shall be deleted from the PD. • Any additional redline beyond this point of the document is for formatting adjustment only Replace Concept Plan. Replace Preliminary Site Plan. SUMMARY The application requests the above changes to Planned Development No. 30 which include: • Allow up to 40 retail ready urban residential units on the ground floor of Buildings B4, B5 and B7. [2, 5, 6, 11] • Allow 30 townhomes in Area I with associated design standards and setting height and setback requirements. [3, 4, 12] • Remove Hotel Residential allowance, and remove ability to request additional urban residential units by Special Use Permit. [1, 4] • Revise miscellaneous PD regulations associated with the requested changes [4, 6, 7, 8, 9, 10] • New Concept Plan • New Preliminary Site Plan If approved, the applicant would be required to submit a final site plan for review and approval and, at a minimum, the following items would be required for approval of a final site plan for the entire site: Water Model Study Sewer Study Drainage Study Engineering Feasibility Study Traffic Impact Analysis Tree Survey PUBLIC HEARING AND PROPERTY OWNER NOTIFICATION: As required by ordinance, a notice of public hearing is required for an amendment to a PD. This request was published in the Star-Telegram on Sunday, January 26, 2014 and the 28 property owners within 200-ft. of the PD-30 property were notified of this request. ch Planning and Zoning Commission Page 100 of 195 Meeting Date: February 20, 2014 EXHIBIT “B” PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS THE BECK PROPERTY STATE HIGHWAY 114 AND TROPHY CLUB DRIVE 26.354 ACRES C. MEDLIN SURVEY ABSTRACT NO. 283 TROPHY CLUB, TEXAS Planning and Zoning Commission Page 101 of 195 Meeting Date: February 20, 2014 CONTENTS I. GENERAL A. Purpose B. Applicability C. Concurrent Compliance D. Definitions E. Photographs II. DEVELOPMENT STANDARDS A. Permitted Uses B. Site Development C. Streetscape Standards D. Design Standards E. Non-Residential Building Design Guidelines F. Urban Residential Guidelines G. Parking Guidelines H. Signage, Clock Tower and Miscellaneous I. Lighting III. PROCEDURES A. Summary of the Process B. Concept Plan C. Preliminary Site Plan D. Site Plan E. Façade Elevations F. Process for Minor Modifications to the Concept Plan, Preliminary Site, Site Plan and Façade Elevations IV. EXHIBITS Exhibit A – Trophy Club Drive Non-Residential Frontages Exhibit A1 – Parallel Parking/Valet Option – Trophy Club Drive Exhibit A2 – State Highway 114 and Indian Creek Drive Non Residential Frontages Exhibit A3 – Parallel Parking/Valet Option – SH 114 and Indian Creek Drive Exhibit A4 – State Highway 114, Trophy Club Drive Non-Residential Frontages Exhibit A5 – Trophy Club Drive and Indian Creek Drive Non-Residential Frontages Exhibit B and B1 – Secondary Street for Non-Residential Frontages Exhibit C and C1 – Private or Mews Street Exhibit D – Serviceway Exhibit E – Visual Orientation Exhibit F – Bridge Configurations Between Buildings Exhibit G – Utilities Placement Exhibit H – Concept Plan Exhibit I – Preliminary Site Plan Planning and Zoning Commission Page 102 of 195 Meeting Date: February 20, 2014 I. GENERAL CONDITIONS FOR MIXED-USE ZONING A. PURPOSE. PD-30 is intended to be a high quality focal point of the community. This is achieved by promoting an efficient, homogeneous, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing the developer flexibility in land use and site design. PD-30 is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. B. APPLICABILITY. This ordinance shall establish site, building, and use standards for development within the following legally described property (the “Property”): Being a 26.354 Acre Overall Site in the C. Medlin Survey, Abstract No. 823, Town of Trophy Club in Denton County, Texas. The Site is bounded to the South by State Highway 114, to the West by Trophy Club Drive, to the North by Indian Creek Drive and to the East by Urban Residential Development “Lake Forest Village, Phase III”. C. CONCURRENT COMPLIANCE. This ordinance shall apply to all development within the PD-30 boundaries. Except as otherwise set forth herein, all regulations, development standards and procedures of the Town shall apply to development within PD-30. The zoning ordinance of the Town, as amended, shall remain in full force and effect, save and except as amended by this ordinance. In the event of a conflict between any provision in this ordinance including, but not limited to, any regulation, development standard or procedure, with any provision in a Town ordinance or resolution, the provisions in this Ordinance shall control. For purposes of the development standards set forth in this ordinance, the entire Property is considered one lot. D. DEFINITIONS. In addition to Definitions in Chapter 13, Article II of the Town of Trophy Club Zoning Ordinance, the following terms shall have the corresponding interpretations and meanings: 1. “Adult Active Living” shall mean an Urban Residential facility intended for retirees and senior citizens. Planning and Zoning Commission Page 103 of 195 Meeting Date: February 20, 2014 2. “Building Design” shall mean the orientation, design and development elements set forth in the Exhibits, illustrations, and images in this Ordinance. 3. “Building Line” shall mean the nearest location of a structure measured from the respective right-of-way, street easement or property line. 4. “Building Line-of-Vision Plane” shall mean a plane by which maximum height is established taking into consideration line-of-vision from the Indian Creek Drive and Trophy Club Drive. 5. “Circulation Zone” shall mean the pedestrian maneuvering areas set forth in the Exhibits. 6. “Concept Plan” shall mean a general plan for development within the Property that identifies land uses, ingress/egress, and densities for development. 7. “Encroachment” means any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R.O.W, or above a height limit. 8. “Façade Elevations” shall mean the elevations of structures to be constructed on the Property. 9. “Floor Area Ratio” shall mean the ratio of all enclosed building areas divided by the total area of the Property. 10. “Full Service Restaurant” shall mean a restaurant that provides food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment. 11. “Garden Apartments” shall mean stand-alone, low density, two-story Urban Residential buildings with the following characteristics: lack of functionality as a component of (in terms of layout, appearance, etc.), any larger planned grouping of buildings; low density; lack of pedestrian circulation, active street-life, or a larger sense of community beyond that of the individual complex itself; no integrated mixed uses; lack of building amenities and site enhancements; and contain all surface parking. 12. “Hardscape” shall mean the impervious areas within a development that are used for streets, drives, sidewalks, walkways, retaining walls, trails, and other similar features. Planning and Zoning Commission Page 104 of 195 Meeting Date: February 20, 2014 13. “Hotel (full-service)” shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check-in; ii. A minimum area of 300 square feet in each guest room; iii. On-site staff required seven (7) days a week, twenty-four (24) hours per day; iv. A minimum of five thousand (5,000) square feet of meeting or conference room space; v. No fewer than 150 rooms; and vi. A full service restaurant (exception by SUP). 14. “Hotel Residential” shall mean a residential facility affiliated with a hotel such that the amenities and services of the hotel are available to the residents in the hotel residential units. 15.14. “Lot Coverage” shall mean the area of each proposed lot that is covered by buildings. 16.15. “Maximum Building Setback” shall be the maximum distance between the front building line and the property line or right-of-way line along that corresponding building line. 17.16. “Minimum Building Setback” shall be the minimum distance between the front building line and the property line or right-of-way line along that corresponding building line. 18.17. “Mews Street”” shall mean a small street, or courtyard constructed in accordance with Exhibit “C” and “C1”. 19.18. “Mixed Use Building or Structure” shall mean a building or structure in which at least one of the upper floors of the building has uses different from the ground floor. 20.19. “Mixed Use Land Use” shall mean a combination of uses integrated either vertically within structures or horizontally throughout the Property. 21.20. “Open Space” shall mean areas unobstructed to the sky designated for the recreational enjoyment and/or natural beauty of the area which serve as an amenity to the Property including, but not limited to park areas, creekways, trails, landscape features, hardscape areas, courtyards and drives incorporated into courtyards. Parking spaces and vehicular pathways shall not be credited towards open space requirements. 22.21. “Parking Zone” shall mean the areas designated for parking both on-street and off-street. Planning and Zoning Commission Page 105 of 195 Meeting Date: February 20, 2014 23.22. “Paseo” shall mean an open space primarily dedicated for pedestrian movement between blocks or buildings. 24.23. “Preliminary Site Plan” shall mean a preliminary detailed plan for development within the Property that identifies building location, parking, general landscaping, and other surface accommodations for the site. 25.24. “Property” shall mean the tract of land described in Section I.B. herein. 26.25. “Property Owners Association” shall mean an incorporated or unincorporated association that is designated as the representative of the owner(s) of property in PD-30 and manages and maintains the common areas and open spaces of the planned development. 27.26. “Public Access Area” shall mean those areas open to the public including, but not limited to patios, courts, plazas and other similar areas. 27. “Quick Service Restaurant” shall mean a restaurant that specializes in providing a full meal in a few minutes. Such meals often consist of a permutation of hamburger or chicken, french fries, and a soft drink or a milkshake. 28. “Retail-ready” shall mean space constructed at a minimum interior height of 14 feet which may be used for nonretail uses, including Urban Residential. Prior to the issuance of a certificate of occupancy for a retail use in a “Retail-Ready” space, the space must comply with all building and construction codes for retail use. The intent of “Retail-Ready” space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change from retail uses to Urban Residential or Urban Residential to Retail in accordance with the market. 28.29. “Secondary Street” shall mean an interior (public or private) street within the development intended to provide access to development and for circulation within the property. 29.30. “Service Area” shall mean an area which is used for employee, delivery, and utility service access between buildings, for vehicle access for loading and delivery, trash area and trash pick-up, for maintenance and service vehicle access, and for routing of base building and tenant utilities. 30.31. “Serviceway” shall be a private drive that provides access to service areas, loading/unloading areas, and parking. 31.32. “Sign Kiosk” shall mean a kiosk structure that complies with the provisions of this Ordinance and used only for signage purposes. 32.33. “Site Plan” shall mean a detailed plan for development within the Planning and Zoning Commission Page 106 of 195 Meeting Date: February 20, 2014 Property that complies with the regulations of this Ordinance 33.34. “Stacked Parking” shall mean parking in which vehicles are parked immediately in front of, behind, or adjacent to other vehicles without each vehicle being adjacent to a maneuvering aisle or drive. Stacked parking is permitted for valet parking only. 34.35. “Street Trees” shall mean trees required to be planted along street frontages as set forth herein. 35.36. “SUP” shall mean Specific Use Permit as required by the Town’s ordinances; provided however that the SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. If the SUP is neither approved nor denied within the 45 day period, it shall be deemed approved. 36.37. “Supplemental Uses” shall mean uses coincident with primary, permitted uses including "patio" dining; beer, wine and mixed beverage consumption; beverage sales, service, and consumption; entry vestibules; entry stoops; structured canopies; patron waiting; valet stand; bicycle racks; street furnishings; feature hardscape or landscape; water features; and/or incidental retail display and sales, or other similar uses approved by Town Staff. 37.38. “Supplemental Use Zones” shall mean the areas designated for supplemental uses as described in this Ordinance. 39. “Town Staff” shall mean the Town Manager and/or his designee. 38.40. “Townhouse/Townhome” means a single-family dwelling in a row of at least three attached units, but no more than 7, whereby each unit has its own front and rear access to the outside. No unit shall be located over another unit and each unit shall be separated from other units by one or more vertical common firewalls. 39.41. “Type ‘A’ Drive” shall mean the drives identified on the Concept Plan that are the primary pedestrian walking corridors. Buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian-oriented design. 40.42. “Type ‘B’ Drive” shall mean the drives identified on the Concept Plan that are intended to primarily accommodate access to parking, service, and other auto-oriented functions. 41.43. “Urban Residential Units” shall include, in addition to the multi- family definition contained in the Town’s Zoning Code, flats, flats with mezzanines, two floor units, Adult Active Living and Urban Residential Planning and Zoning Commission Page 107 of 195 Meeting Date: February 20, 2014 Units grouped together into a single building. 42.44. “Vendor Kiosk” shall mean a small, stand-alone booth used for marketing purposes and for the sale or rental of goods or products. E. PHOTOGRAPHS. All photographs included in this ordinance are for illustrations purposes only of the features permitted by this planned development district and are not intended to be representative of exact construction requirements. II. DEVELOPMENT STANDARDS A. PERMITTED USES. Within this planned development district the only uses permitted are the following. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the Town Staff, subject to appeal directly to the Town Council: 1. RESIDENTIAL • Dwelling, Urban Residential Units [Garden Style Apartments are prohibited] • Hotels (full service) • Hotel Residential • Adult Active Living • Townhouse/Townhome 2. RELIGIOUS AND PHILANTHROPIC • Eleemosynary Institutions (CUP Required) 3. EDUCATIONAL • Children’s Day Care Center & Kindergarten • Junior Colleges, Colleges & Universities (limited to 20,000 sq ft or less) • Schools, Private Business & Professional • Schools, Vocational, Technical & Trade 4. COMMUNITY FACILITIES • Auditorium, Gym • Heliport/Helipad • Municipal Admin, Public Service Facilities • Park, Playground, Playlots, Related Facilities • Parking Garage • Privately Owned & Operated Playground • Public Safety Facilities • Radio, Television, Microwave, Cellular towers attached to buildings (if camouflaged so that they are not visible to the public) • Social, Recreational, Assembly Bldgs • Tennis, Handball, Racquet Ball Clubs • Utility Facilities, Office Planning and Zoning Commission Page 108 of 195 Meeting Date: February 20, 2014 5. PROFESSIONAL AND FINANCIAL INSTITUTIONS • Accounting Office • Admin, Executive, Editorial Office • Architectural, Eng, Planning Office • Attorney’s Office • Banks and Financial Institutions • Hospital • Insurance Office • Extended Stay Surgery Center • Personal/Family Counselor • Physician and/or Dentist • Public Secretary • Barber, Beauty, Styling Shops • Health, Athletic Shops • Medical, Dental, Chiropractic, Optometry, etc. • Real Estate Office • Travel Bureau or Agency • Weight Reduction Studio 6. RETAIL • Antique Shop • Art Studio • Art Supply Store • Arts, Crafts, Hobby Shops • Bakery Shops • Bicycle Shop • Beer, Wine and Liquor Sales (Off-Premise Consumption Only) (SUP Required) • Coffee Shop • Confectionary Shop • Dairy Food Shop • Dance Studio • Dinner theater • Donut Shop • Drug Store, Apothecary, Pharmacy • Dry Cleaners, Pick-up and Drop-off [Dry cleaner plants are prohibited] • Duplication and Mailing Service • Electrical Goods and Fixtures • Fabric and Knitting Shop • Florist • Grocery Store • Hardware Store (less than 50,000 square feet) • Household Appliance Store • Household Furnishings, Fixtures • Ice Cream Shop Planning and Zoning Commission Page 109 of 195 Meeting Date: February 20, 2014 • Jewelry, Watch Store • Liquor Store (SUP Required) • Music Store • Tanning Salon • Performing Arts Center • Photograph Service & Studio • Printing, Publishing, Engraving • Quick Service Restaurant (SUP Required) • Restaurant • Restaurant w/Alcoholic Beverage Sales (Appropriate TABC Required) (SUP Required) • Sporting Goods Store • Theater • Wallpaper, Paint Store • Wearing Apparel Store 7. RECREATIONAL • Community Center (Non-Profit) • Private Health Club • Swimming Pool (Private Club) • Swimming Pool, Tennis Court (Non-Profit) • Tennis Court (Private) 8. MIXED USES: Mixed uses are permitted within the Property. 9. SPECIFIC USE PERMIT REQUIRED FOR CERTAIN RETAIL USES: Any individual retail use with a ground level floor area in excess of 50,000 square feet shall require a Specific Use Permit. 10. ACCESSORY USES: Any use accessory to any permitted use is permitted within this planned development district. 11. ANY PERMITTED USE WITH A DRIVE-THRU FACILITY. Standards in this Ordinance shall apply. B. SITE DEVELOPMENT. 1. General Requirements. a. Concept Plan. A concept plan (Exhibit “H”) is incorporated with this Ordinance. b. Building Location. Buildings shall generally be located within the Property as set forth in Exhibits “A”-“D”. The Building Line shall be measured from the respective right-of-way, street easement or property line. c. Preliminary Site Plan - A preliminary site plan (Exhibit “I”) is incorporated with this Ordinance. Planning and Zoning Commission Page 110 of 195 Meeting Date: February 20, 2014 d. Maintenance of Open Space and Circulation Zones. The Property Owners Association shall be responsible for maintaining public access areas, open space and Circulation Zones within the Property. e. Street Naming. All streets shall be named, with the exception of Serviceways. f. Gated Streets. No streets shall be gated, with the exception of Serviceways, which can be gated or regulated by means of access control devices. g. Paving Materials. Hardscaped areas shall incorporate a variety of paving materials. Bricks, pavers, stone, stained concrete, or imprinted concrete may be used as hardscape area paving. The balance of hardscaped areas shall be concrete (light broom, salt finished, patterned, integrally colored). Contrasting colored pavers and concrete and/or truncated dome pavers and stamped concrete shall be used where required by accessibility requirements at ramps and curb ramps. h. Landscaping. Landscaping shall incorporate a variety of plant types including seasonal color and native low moisture foliage. Decomposed rock and decorative gravels will be considered landscaping. Appendix A shall be the planting list for landscaping within the development. Planning and Zoning Commission Page 111 of 195 Meeting Date: February 20, 2014 i. Screening Walls/Fences. Screening Walls/Fences shall be constructed of brick, stone, ornamental metal with evergreen landscaping, or any other material consistent with that of the adjacent building or a combination thereof. j. Supplemental Uses in Public Right-of-ways and Public Easements. i. Supplemental uses are permitted in the areas designated on Exhibits “A”-“D”, and “G”. ii. Supplemental use zones may occur in public right of ways, public easements or on private property. iii. Supplemental use areas shall only be used by adjacent tenants. Supplemental Uses specifically exclude parking and permanent enclosed structures. k. Drive Type Designation. The Concept Plan for the Beck Property Planned Development District shall establish the following drive types: i. Type ‘A’ Drives Established – Type ‘A’ Drives are intended to be the primary pedestrian walking corridors. Streets and buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian-oriented design. ii. Type ‘B’ Drives Established – Buildings along Type ‘B’ Drives may be permitted to accommodate some service and vehicular traffic including surface parking and drive-thrus. l. Street Paving Enhancements. i. All street types shall employ areas of enhanced paving for speed control, to demark pedestrian crosswalks, and/or for decorative purposes. ii. Enhanced paving may include speed humps, pavement striping, pavers, stone cobbles, stamped concrete, integrally colored concrete. Planning and Zoning Commission Page 112 of 195 Meeting Date: February 20, 2014 2. Tree Preservation and Open Space: a. General. The provisions of the Town’s Tree Preservation Ordinance shall apply except as modified herein. b. Tree Preservation. i. A tree preservation plan shall be submitted with a Site Plan. ii. A tree preservation plan shall: • Indicate the general location of existing tree canopies on the property, tree caliper sizes, and tree species; • Indicate the extent to which existing environmental features are proposed to be altered to accommodate the proposed development; • Locate site plan existing trees to be preserved, if any, adjoining a natural or man-made drainage creek; and • Indicate the extent to which removed trees shall be mitigated through the Town’s tree mitigation regulations. c. Tree Removal Permit. In addition to the exceptions for a tree removal permit under Chapter 12, Article VIII, Sec. 8.03.C of the Planning and Zoning Commission Page 113 of 195 Meeting Date: February 20, 2014 Code of Ordinances of the Town, a tree removal permit shall not be required for the removal of any tree within the proposed footprint of a structure or within a drive or street. d. Tree Replacement Standards. Any protected, specimen, historic or majestic tree removed for which a tree removal permit is required, shall be replaced with trees having a total caliper width equivalent to the total caliper width removed. Tree replacement shall not be required for any tree within the proposed footprint of a structure or within a drive or street. e. Applicability of Street Trees. All proposed street trees along public and private streets and drives shall count towards the proposed tree replacement on the property. f. Credit for Preserved Trees. A caliper-inch per caliper-inch credit shall be granted against tree replacement requirements for any protected, specimen, historic or majestic tree preserved within the Property. g. Open Space. i. Open space shall be at least 15% of the Property area. ii. For purposes of calculating open space, the entire Property is considered one lot. iii. The design of open spaces shall meet the following criteria: • Existing water bodies and creeks shall be preserved in a natural and contiguous state; • Pedestrian connectivity shall be provided in the form of sidewalks, natural walking paths along stream and creek corridors; and • A variety of open spaces shall be provided including, but not limited to, plazas, squares, playgrounds, parks and environmental preserves. iv. Open Space may use any combination of hardscape, landscape, and/or water features provided, however, that parking spaces and vehicular pathways shall not be credited towards open space requirements. v. Public access open areas may include amenities such as seating, bike racks, art installations, and waste receptacles. Planning and Zoning Commission Page 114 of 195 Meeting Date: February 20, 2014 Planning and Zoning Commission Page 115 of 195 Meeting Date: February 20, 2014 h. Public Access Area. A maximum of 50% of the required Open Space area may be satisfied by Public Access Areas. These shall be limited to breezeways, courtyards with café seating, and pedestrian paseos. Planning and Zoning Commission Page 116 of 195 Meeting Date: February 20, 2014 i. Sidewalks and Community Bicycle/Pedestrian Trail. i. Minimum 6’-0” wide sidewalks shall be required along Trophy Club Drive and Indian Creek Drive. The sidewalk may be located within the R.O.W or in a landscaped parkway with street trees in the minimum setback area. ii. A public access multi-use (bicycle/pedestrian) trail shall be provided connecting to the nearest point on the Town of Trophy Club’s bicycle/pedestrian trail system contiguous with development within the Property. If the Town of Trophy Club’s bicycle/pedestrian trail system is not contiguous to the Property, then a connection point is not required. iii. The multi- use (bicycle/pedestrian) trail may cross streets of all types, at typical pedestrian crosswalks, as exclusively designed by the Owner. iv. The Property Owner shall plan and design the multi-use (bicycle/pedestrian) trail to be integrated with the internal pedestrian circulation paths. v. The minimum width of a multi-use (bicycle/pedestrian) trail shall be eight (8) feet of hardscape surface. j. Design of Drive-thru Facilities. The following standards shall apply to the design of all drive-thru facilities in the development. i. Drive-thru lanes for commercial uses may have direct access to interior streets and indirect access to any Type ‘A’ Drive and the perimeter streets. ii. Any buildings associated with a drive-thru use shall also have a pedestrian entrance at a Type ‘A’ Drive. iii. A minimum of five stacking spaces shall be provided if a restaurant has one drive-thru serving station. If the restaurant has two or more serving stations, then a minimum of two additional stacking spaces shall be provided for the second and subsequent serving stations. iv. An escape lane shall be provided parallel to the drive-thru lane extending from the beginning of the drive-thru lane to the serving station. v. For purposes of this planned development district, a “stacking space” is an area measuring 8 feet by 20 feet with direct forward access to a serving station. An escape lane shall be an Planning and Zoning Commission Page 117 of 195 Meeting Date: February 20, 2014 area measuring a minimum of eight feet wide that provides access around the drive-thru facility. An escape lane may be part of a circulation aisle. k. Property Owners Association. Prior to approval of a final plat for the Property, a property owners association shall be established by the owner of the Property to ensure compatibility of structures within the Property and to provide maintenance of all common areas. 3. Setbacks. a. Required Setbacks. Except as otherwise provided for State Highway 114 Frontage Road and Trophy Club Drive in this section, setbacks for buildings on the Property shall be provided as set forth on the following Setback Table: Location Minimum setback Maximum Setback Front Setback Along State Highway 114 Frontage Road 15’ 300’ Front Setback Along Trophy Club Drive 15’ 100’ Indian Creek Drive 15’ 100’ Side and Rear Setbacks 0’ except along the east boundary line which shall be 50’ None Clock Tower. None None b. Encroachments. Encroachments within the required setbacks are permitted. Encroachments include architectural elements of a structure including, but not limited to decorative trim, cornice work, canopies, eaves, balconies, porches, steps, planters, window and door trim, and other similar features. In no case shall any encroachment be located over an on-street parking space or travel lane. c. Lot Coverage, Floor Area, and Heights. i. Maximum lot coverage. The maximum lot coverage is 100%. Open Space areas shall not be included in the lot area for purposes of calculating lot coverage. ii. Maximum floor area ratio. The maximum floor area ratio (“FAR”) for all uses is 4:1 maximum. iii. Property considered one lot. For purposes of calculating FAR, the entire Property is considered one lot. Planning and Zoning Commission Page 118 of 195 Meeting Date: February 20, 2014 iv. Maximum height. The maximum height for structures within the Property shall be as set forth in the following table (the “Maximum Height Table”): Structure Type Maximum Number of Stories Maximum height of Structure* in Feet 1. Urban Residential only 4 60 ft The maximum building height for roof peaks and tower elements is 70’-0” from typical finish grade to highest part of construction. 2. Mixed Use with Urban Residential or “Retail-Ready” first floors 5 70 ft The maximum building height for roof peaks and tower elements is 75’-0” from typical finish grade to highest part of construction. 3. Office only 6 90 ft 4. Hotel only 6 8 (SUP Required)** 90 ft 135 ft. 5. Retail/ Commercial only 2 40 ft The maximum building height for roof peaks and tower elements is 50’ -0” from typical finish grade to highest part of construction. 6. Mixed Use with office or hotel 6 90 ft 7. Townhouses/ Townhomes 3 50 ft * For purposes of this planned development district, height is the vertical distance measured from the highest elevation at grade at the exterior surface of the structure to the highest point of the structure. **The SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. Planning and Zoning Commission Page 119 of 195 Meeting Date: February 20, 2014 v. Minimum height: The minimum height for structures within the Property is twenty (20) feet in height. vi. The following standards shall also apply to the height of buildings on the Property: 1. Residential proximity. The maximum height for structures within 150’ of residential uses adjacent to the Property shall be 60’. 2. Maximum Height Based on Building Line-of-Vision from Indian Creek Drive and Trophy Club Drive: a. Except as otherwise provided herein, a building greater than two stories may not project above the Building Line-of-Vision Plane projecting from Indian Creek Drive and Trophy Club Drive unless a structure is constructed between the property line and the building so as to block the line-of-vision in which event the building may project above the Building Line-of-Vision Plane. b. Buildings two stories or less may project above the Building Line-of-Vision Plane. c. The Building Line-of-Vision Plane shall commence six feet above the property line of the Property along Indian Creek Drive and Trophy Club Drive and project upward and inward into the Property at a 25° angle to said six foot measurement. d. The Building Line-of-Vision Maximum Height is depicted below: Planning and Zoning Commission Page 120 of 195 Meeting Date: February 20, 2014 3. Mezzanines. Mezzanines will not be counted as a floor. 4. Parking. The maximum height for all parking structures shall be no higher than the highest adjoining building. 5. Rooftop projections. The following structures may project a maximum of twelve (12) feet above the maximum structure height specified in the district regulations: a. Elevator penthouse or bulkhead. b. Mechanical equipment room. c. Cooling tower. d. Ornamental cupola or dome. e. Skylights. f. Visual screens shall be provided and shall surround roof mounted mechanical equipment. g. Chimney and vent stacks. h. Parapet wall. Planning and Zoning Commission Page 121 of 195 Meeting Date: February 20, 2014 C. STREETSCAPE STANDARDS. 1. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive with Non-Residential Frontage. a. General. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive shall comply with the Street Standards set forth in Exhibits “A1”, “A2” and “A3”. b. Any parking frontage along State Highway 114 and Trophy Club Drive shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located at the edge of the R-O-W/property line along the corresponding frontage. c. Street Trees. i. Street trees shall be required on all the above streets. ii. Street trees shall be planted in the R.O.W or with the street screen or setback area, but shall be located between the travel lanes and parking/building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required tree spacing to an average of one tree per 60’-0” of street frontage. vi. Street tree species shall be selected from the Planting List in Appendix A. d. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. Planning and Zoning Commission Page 122 of 195 Meeting Date: February 20, 2014 iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated for pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. Planning and Zoning Commission Page 123 of 195 Meeting Date: February 20, 2014 v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. f. Supplemental Use Zone. i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). Planning and Zoning Commission Page 124 of 195 Meeting Date: February 20, 2014 ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. iii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, beer, wine and mixed beverage consumption, beverage sales, service and consumption, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iv. Accessory “patio” dining, beer, wine and mixed beverage consumption, beverage sales, service and consumption, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters or decorative fencing as designed by the Owner and/or Tenant. Planning and Zoning Commission Page 125 of 195 Meeting Date: February 20, 2014 v. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape plants shall be selected from the Planting List in Appendix A. vi. The Owner and/or Tenant are responsible for maintenance of the Supplemental Zone. 2. Modification of Zones. a. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. b. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. Planning and Zoning Commission Page 126 of 195 Meeting Date: February 20, 2014 3. Indian Creek Drive with Residential Frontage. a. General. Indian Creek Drive with Urban Residential Frontage shall comply with the Street Standards set forth in herein. b. Street Trees. Street Trees shall be provided along Indian Creek Drive as follows: i. Street trees shall be required along Indian Creek Drive. ii. Street trees shall be planted in the R.O.W or within the setback area, but shall be located between the travel lanes and building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species shall be selected from the Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to an average of one tree per 60’-0” of frontage. c. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. One canopy tree (3” min. caliper size at the time of planting) shall be required within each landscaped island. Canopy tree species may be selected from the Planting List in Appendix A. Planning and Zoning Commission Page 127 of 195 Meeting Date: February 20, 2014 d. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated to pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. Planning and Zoning Commission Page 128 of 195 Meeting Date: February 20, 2014 v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. e. Supplemental Use Zone: i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. iii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iv. Accessory “patio” dining, mixed beverage, beer and wine beverage service, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent Planning and Zoning Commission Page 129 of 195 Meeting Date: February 20, 2014 buildings by planters or decorative fencing as designed by the Owner and/or Tenant. v. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape plants shall be selected from the Planting List in Appendix A. vi. The Owner and/or Tenant is responsible for maintenance of the Supplemental Zone. f. Modification of Zones. i. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. 4. Secondary Street with Non-Residential Frontage. a. General. Secondary Streets with Non-Residential Frontage shall comply with Exhibits “B” and “B1”. b. Parking Frontage. Any parking frontage along any Type A Drive/Street shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located to screen the parking lot from the sidewalk along that frontage. c. Street Trees. Street Trees shall be provided along these streets as follows i. Street trees shall be required along all Secondary streets. ii. Street trees shall be planted within the Circulation area between the parking lane and building. Planning and Zoning Commission Page 130 of 195 Meeting Date: February 20, 2014 iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species shall be selected from the Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to one per 100’-0” of frontage. d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone is dedicated to allowing pedestrian circulation and shall be a minimum of 6’-0” wide with a 4’-0” wide clear pedestrian zone. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Planning and Zoning Commission Page 131 of 195 Meeting Date: February 20, 2014 Zone provided the required four (4) foot wide clear zone is maintained. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. f. Supplemental Use Zone. i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. iii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iv. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. v. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. g. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for temporary patron drop-off/pick-up and /or valet service. Planning and Zoning Commission Page 132 of 195 Meeting Date: February 20, 2014 iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 5. Secondary Street with Residential Frontage. a. General. Secondary Streets with Residential Frontage shall comply with the standards set forth herein. b. Parking Frontage. Any parking frontage along any Type A Drive/Street shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located to screen the parking lot from the sidewalk along that frontage. c. Street Trees. i. Street Trees shall be provided along these streets as follows: a) If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. b) If no parking is provided immediately adjacent to the street, two Street Trees shall be provided for every 81’ 0” of frontage. c) If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 60’ 0” of frontage. d) For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. e) Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. ii. Street trees shall be at least three-inch (3”) caliper at the time of planting. iii. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall reduce Planning and Zoning Commission Page 133 of 195 Meeting Date: February 20, 2014 the required spacing of landscaping islands to one per ten (10) contiguous parking spaces, or one tree per 100’-0” of frontage. d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located adjacent to the Parking Zone and parallel to the frontage. ii. The Circulation Zone is dedicated to allowing pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. vii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. Planning and Zoning Commission Page 134 of 195 Meeting Date: February 20, 2014 f. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 6. Private Street or Mews Street with Frontage of Any Uses. a. General. Private Street or Mews Street with Frontage of Any Uses shall comply with the standards set forth in Exhibits “C” and “C1”. b. Private Streets or Mews Streets provide public access by public right- of-way or public easement. c. Street Trees. Street Trees shall be provided along these streets as follows: i. If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. ii. If no parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 81’ 0” of frontage. iii. If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 60’ 0” of frontage. iv. For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. v. Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. vi. Street trees shall be at least three-inch (3”) caliper at the time of planting. Planning and Zoning Commission Page 135 of 195 Meeting Date: February 20, 2014 d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscape island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. This zone shall be located immediately adjacent to the Parking Zone and parallel to the frontage. ii. This zone is dedicated to allowing clear, unobstructed pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade can be placed in this zone. iv. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. v. Doors for adjacent buildings cannot swing into this zone. vi. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. vii. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four foot (4’) wide clear zone is maintained. Planning and Zoning Commission Page 136 of 195 Meeting Date: February 20, 2014 f. Supplemental Use Zone. i. This Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iii. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. iv. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. g. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 7. Serviceways. a. General. i. Serviceways shall comply with the standards set forth in Exhibit “D”. Serviceways shall be considered as Type ‘B’ Drives for the purposes of this Ordinance. Planning and Zoning Commission Page 137 of 195 Meeting Date: February 20, 2014 ii. Serviceways will be on the Owner’s property and shall be used for pedestrian circulation between buildings on the same lot, for vehicle access to loading and trash areas, for maintenance and service vehicle access, and for routing of base building and tenant utilities. iii. Serviceways may be within physical separations and setbacks as required by building codes between uses and buildings. iv. Private utilities, grease interceptors, vaults, fire mains and other similar features may be located in the Serviceways. v. Serviceways which are identified by the Fire Department for possible use shall meet Fire Department requirements. vi. Ground level pedestrian circulation and upper level connective bridges between buildings may cross the Serviceways. vii. Service Areas shall not be visible from Indian Creek, Trophy Club Drive and SH 114. Planning and Zoning Commission Page 138 of 195 Meeting Date: February 20, 2014 b. Base Building and Tenant Utilities. i. Base building and tenant utilities may be routed under serviceways whenever possible. ii. Base building and tenant utility related equipment, taps, meters, distribution, and similar equipment exposed to view shall be grouped in an ordered fashion on building walls abutting the serviceways. D. DESIGN STANDARDS. 1. Mixed Use. a. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. i. Combinations of uses permitted on the Property may be incorporated either vertically within structures or horizontally throughout the Property. Residential uses shall not be allowed on the ground floor except as otherwise provided herein. Mixed-use provisions are intended to address the standards and recommendations for the horizontal adjacency and the vertical mixing of varying uses. Planning and Zoning Commission Page 139 of 195 Meeting Date: February 20, 2014 ii. Close horizontal adjacency of different uses is permitted for ground floor adjacencies for commercial and office uses. Residential and Commercial occupancies may be located on the same floor of the same Building, but residential uses shall not be located on the ground floor, except as otherwise permitted herein. iii. Close vertical adjacency of different uses is permitted for ground floor commercial and/or office uses with second floor office and/or Urban Residential uses above, and second floor office and/or Urban Residential uses with possible third floor Urban Residential uses. iv. Urban Residential is permitted on the first floor in Buildings B4, B5, and B7, as shown on the Preliminary Site Plan, provided the first floor in such buildings is Retail Ready. 2. Visual Orientation and Entrance Location for Mixed-Use Development. a. Ground floor commercial, retail, and office uses in a mixed-use development shall be visually oriented toward and have their primary entrance oriented toward the street or private drive frontage. Planning and Zoning Commission Page 140 of 195 Meeting Date: February 20, 2014 b. Upper floor office and Urban Residential uses may use ground floor lobbies placed toward the middle or rear of buildings. These lobbies shall be clearly visible and easily accessed from the street frontages via public access open areas, public circulation paths between the street frontage and structured parking internal to the block, or similar public access patios, courts, or plazas. c. Rear facades of buildings facing Trophy Club Drive and Indian Creek Drive shall have a similar level of design and articulation as the front facades of the same respective buildings. Planning and Zoning Commission Page 141 of 195 Meeting Date: February 20, 2014 d. Visual orientation and entrance location for Mixed-Use Development as set forth in this section shall generally comply with Exhibit “E”. 3. Uses Allowed on Specific Frontages. a. Buildings fronting on Indian Creek Drive shall be designed to accommodate the following: i. Ground floor retail, office, commercial, Public Safety Facilities and ii. Second floor and above Urban Residential, office uses, or Public Safety Facilities. E. NON-RESIDENTIAL/MIXED USE BUILDING DESIGN GUIDELINES. 1. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive Facades. a. Building design provisions are intended to address the physical appearance of buildings within the subject area and establish certain common design treatments, thus supporting individual buildings relatedness to adjacent buildings. b. Building design provisions include building’s location relative to street rights-of-way and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and the vehicular and pedestrian circulation within blocks and between buildings, within the same block to one another, and public pedestrian and vehicular circulation. c. Visual orientation and entrance location for buildings shall generally comply with the General Requirements for Mixed Use set forth in Section II of this Ordinance. 2. Structured Parking Garages. a. Structured parking garages shall comply with the requirements listed below. b. The facades of parking garages that are visible from Trophy Club Drive, Indian Creek Drive, or from the east boundary line must be of a similar color as the adjacent building. Screening of internal parking garages is not required. 3. Building Locations. a. For each façade of a building facing a street, 25% of the ground floor Planning and Zoning Commission Page 142 of 195 Meeting Date: February 20, 2014 face shall be constructed within 6’0” maximum of the Building Line and 50% shall be constructed within 12’0” of the Building Line. The balance of the ground floor face is unrestricted in its proximity to the Building Line. Area of the building face satisfying these proximity requirements need not be continuous and can be divided per the building designer’s discretion. These proximity requirements are set forth in Exhibits “A”, “A1”, “A2”, “A3”, “B”, “B1”, “C” and “C1”. b. Where setbacks from the property line are stipulated in this section, the setback line shall be understood as the Building Line. c. Building Façades shall have a change in plane of not less than 5’-0” every 200’-0” of frontage or of not less than 2’-0” every 100’-0” of frontage at the building designer’s discretion. The change in plane shall continue at least 10’-0” before the Façade returns to its previous position. Planning and Zoning Commission Page 143 of 195 Meeting Date: February 20, 2014 d. Structured canopies may encroach into Supplemental Use Zones. e. Balconies (not allowed in buildings fronting Trophy Club Drive) projecting from the building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” into public rights-of-way and easements. f. Ground floor arcades (covered walkway) with air-conditioned, enclosed space at the second floor shall be considered as meeting the requirements for percent of building within 6’-0” or 12’-0” of rights- of-way and easements. g. The requirements for percent of building within 6’-0” or 12’-0” of right-of-ways and easements shall not apply to structures that have building elements on facades above the second floor 4. Specific Building Requirements: a. The ground floor shall be defined as the first occupied floor occurring at the typical street frontage, finished sidewalk level, up to the bottom of the second floor. Mezzanines as defined by the building code may be allowed, but do not constitute second floors. b. Unless otherwise dictated by applicable codes and ordinances, nNon- residential and non-parking buildings shall have a minimum of 40% of the ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. This standard shall only apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. Planning and Zoning Commission Page 144 of 195 Meeting Date: February 20, 2014 c. Unless otherwise dictated by applicable codes and ordinances, Nnon- residential and non-parking buildings fronting State Highway 114 Frontage Road and Trophy Club Drive, within 400 feet of State Highway 114 frontage road, shall have a minimum of 30% and a maximum of 40% of their ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. Planning and Zoning Commission Page 145 of 195 Meeting Date: February 20, 2014 d. Materials and finishes used for windows, storefronts, entrances, and entrance vestibules shall be at the discretion of the Property Owner and/or Tenants as long as a minimum of 85% of Type ‘A’ Drive facades are finished in masonry (brick, stone, exterior insulating finishing system stucco using the 3 step process, cast stone, or glass block). e. Variation in the size, shape, and detailing of upper floor windows is permitted. f. Unless otherwise dictated by applicable codes and ordinances, fFor each building frontage on Indian Creek Drive, secondary streets, and private and mews streets, a minimum of 30% and a maximum of 40% of their ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised on windows, storefronts, and/or entrances. Planning and Zoning Commission Page 146 of 195 Meeting Date: February 20, 2014 g. EIFS, traditional, synthetic or modified plaster on concrete tilt-up panel or over sheathing is an acceptable wall surface for wall areas and/or façades on Type ‘B’ Streets only. On Type ‘A’ Drives, EIFS may be used for moldings, trim, and decorative items only. h. Roofs may be flat-roofs sloped for drainage. Parapets shall be 3’-6” minimum higher than the adjacent roof. i. Roof top equipment shall be screened from view from a person standing at any area of the adjoining Circulation Zone of the respective building, and the top of the equipment shall not be higher than the top of the parapet. Planning and Zoning Commission Page 147 of 195 Meeting Date: February 20, 2014 5. Loading and Trash Zones. a. Each Non-Residential building shall have one loading zone 10’-0” x 25’-0” and one dumpster/compactor location 10’-0” x 25’-0”. This requirement does not apply to Urban Residential, parking, or public access open areas. A grouping of structures may be designated by the Owner or developer to allow one dumpster/compactor location to accommodate said grouping of structures. b. The loading and trash zones may be grouped at a single building or may be dispersed on the lot at multiple buildings. Loading and trash may be hand-trucked within the block as required. c. The loading and trash zones shall not be open to view from Highway 114 frontage road, Trophy Club Drive, or Indian Creek. They may open onto Secondary Streets, Private Streets, or Mews Streets, but in all instances the loading and trash zones shall be fully screened with walls finished to match or complement adjacent buildings and gates. d. The loading and trash zones may be located in buildings, structured parking garages, and any Serviceways. Planning and Zoning Commission Page 148 of 195 Meeting Date: February 20, 2014 F. URBAN RESIDENTIAL GUIDELINES: 1. General: a. Urban Residential design provisions are intended to address the physical appearance of buildings within the subject area and establish location relative to street right-of-ways and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and unit densities. b. Visual orientation and entrance location for residential buildings shall comply with the General Requirements for Mixed Use set forth in Section II of this Ordinance. c. Urban Residential Units may not be located on the ground floor of a building except as follows: i. Urban Residential Units may be located on the ground floor of a building facing the creek on the east side of the Property; ii. Urban Residential is permitted on the first floor in Buildings B4, B5 and B7, as shown on the Preliminary Site Plan, provided the first floor is Retail Ready. i.iii. Adult Active Living units may be located on the ground floor of the east side of the Property; other locations shall require a SUP. d. No minimum Open Space per residential unit shall be required. 2. Building Location: a. Building Façades shall have a change in plane of not less than 5’-0” every 200’-0” of Façade. The change in plane shall continue at least 10’-0” before Façade returns to its previous position. b. Balconies projecting from the typical building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” maximum into public right- of-ways and public easements. 3. Building Materials: A minimum of 85% of the front facades of residential buildings and residential building facades along Type ‘A’ street or open space shall be finished in masonry (brick, stone, stucco using the 3 step process exterior insulating finishing system, cast stone, or glass block). Planning and Zoning Commission Page 149 of 195 Meeting Date: February 20, 2014 4. Hotel Residential Standards: a. Maximum number of Hotel Residential Units: 20 b. Minimum floor area of Hotel Residential Units: 800 sf c. Utilities and other similar services may be provided by the hotel use with which the hotel residential use is associated. 5.4. Urban Residential Specific Requirements: a. Urban Residential buildings may front on Indian Creek Drive or on a pedestrian paseo/open space, but shall not front on State Highway 114 or Trophy Club Drive unless located above the first floor of a Mixed-Use building fronting on Trophy Club Drive. b. Urban Residential buildings fronting on Trophy Club Drive shall not have balconies. b.c. Urban Residential minimum floor areas are as follows: i. Efficiency unit –600 sf minimum ii. One bedroom unit – 800 sf minimum iii. Two or more bedroom units – 1,000 sf minimum. for a two (2) bedroom unit, for each additional bedroom unit beyond two (2), add 200 sf per bedroom c.d. Urban Residential maximum lot coverage is 100%. d.e. Urban Residential density: two hundred fifty (250) units; up to an additional 40 urban residential units are permitted on the first floors of Buildings B4, B5, and B7_ provided such additional units are Retail Ready. e. Urban Residential maximum density: three hundred fifty (350) units with Specific Use Permit (SUP) required. The SUP shall have a 45- day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. f. Phasing: Area A and Area B shall be simultaneously constructed; however, a Certificate of Occupancy shall not be issued for a building in Area B prior to commencement of construction in Area A. Commencement of construction shall mean that building permits have been issued, grading and site preparation have commenced and 33.3% Planning and Zoning Commission Page 150 of 195 Meeting Date: February 20, 2014 of the square footage of all pads within Area A have been constructed. i. ii. Urban Residential Units for subsequent phases shall be permitted on a 1:1.5, Urban Residential Units-to- nonresidential floor area ratio, whereby one Urban Residential Unit is equal to 1,000 sf of nonresidential floor area. iii. The ratio of Urban Residential Units-to-nonresidential floor area for the maximum allowable number of Urban Residential Units shall be no more than 1:1 (i.e. the ratio cannot be 1:.8) provided, however, any ratio may be used in the final phase of Urban Residential Units for the allowable 250 units while still maintaining the minimum 1:1 ratio. iv. For illustration purposes only, in Phase 1, the development of 100,000 sf of nonresidential uses would allow the construction of 150 Urban Residential Units. In Phase 2, the development of 150,000 sf of additional nonresidential uses would allow the construction of an additional 100 Urban Residential Units for a combined total of 250 Urban Residential Units in Phases 1 and 2 in the aggregate. In Phase 3, the development of 150,000 sf of additional nonresidential uses would allow the construction of an additional 100 Urban Residential Units for a combined total of 250 Urban Residential Units in Phases 1, 2 and 3 in the aggregate. g. For every street frontage, Urban Residential shall be located and designed such that 25% of the façade is located 6’20’-0” from the edge of the sidewalk, public right-of-way or easement and an additional 50% of the Façade is located 12’-0” from the edge of the sidewalk, public right-of-way or easement. 7) Townhome Residential Requirements: a) Townhome Residential General: i. Townhome Residential shall be single family residential units on individually platted lots. ii. The lots (and the dwelling unit primary pedestrian entry) must front on a public street, vehicle access drives, pedestrian circulation areas, or public landscaped areas. iii. Townhome Residential garages shall be oriented to public streets or vehicle access drives. iv. Accessory buildings other than detached garages shall not be allowed on lots. Planning and Zoning Commission Page 151 of 195 Meeting Date: February 20, 2014 v. Townhome Residential lots shall be clustered into a maximum of 7 units per cluster separated by pedestrian circulation areas (minimum 15 feet in width) or vehicle access drives (minimum of 35 feet in width - 25 foot drive with 5 foot sidewalks both sides). Clustering must meet all building/fire code requirements. vi. Where Townhome Residential lots are clustered, individual dwelling units shall abut one another, but must contain code compliant fire separation walls as required by the Town building and fire codes, centered on the common lot lines. vii. Each Townhome Residential lot shall be served individually by water, sewer, electric, gas, and other typical utilities. viii. Areas for recreational, open space, and service may be platted into one or more lots. b) Townhome Residential maximum density: the maximum number of Townhome/Townhouse units is 30 units. c) Townhome Residential minimum floor areas are as follows: i. Ground floor – 800 sf minimum inclusive of garage parking and covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit. ii. Second floor – 800 sf minimum. iii. Third floor – not to exceed second floor. iv. Townhome Residential shall not exceed 3 stories. v. Townhome Residential minimum total floor area – 1,400 sf. d) Townhome Residential lot size and lot coverage: i. Minimum lot size per dwelling shall be 1200 sf. ii. Minimum lot width per dwelling shall be 20 feet. iii. Minimum lot depth per dwelling shall be 60 feet. iv. Minimum lot coverage per dwelling shall be 60%. v. Maximum lot coverage shall be 80%. e) Townhome Residential Setbacks: i. Front setback 1) Front setback shall be 10 feet, dedicated to landscaping, hardscaping, and/or driveways. 2) Decorative building elements, canopies, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project up to 6 feet into this setback. Planning and Zoning Commission Page 152 of 195 Meeting Date: February 20, 2014 3) No off-street parking or ancillary buildings will be allowed within this setback. ii. Side setback 1) Where Townhome Residential units abut adjacent Townhome Residential units and a code compliant fire separation wall is provided, there shall be no required side setback. 2) Where Townhome Residential units abut public streets, vehicle access drives, or pedestrian circulation areas, a 10 foot set back shall be required dedicated to landscaping and hardscaping. Decorative building elements may project up to 5 feet into this setback except where limited by building/fire code requirements. 3) No off-street parking or ancillary buildings will be allowed within this setback. iii. Rear setback 1) The minimum rear setback shall be 5 feet. 2) No decorative building elements, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project past the lot line. f) Townhome Residential Design Guidelines: i. A minimum of 85% of the front and rear façade of Townhome Residential shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block). ii. A minimum of 85% of the side façade of Townhome Residential where abutting public streets, vehicle access drives, or pedestrian circulation areas shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block) other than as required by building/fire codes. iii. Exterior insulating finish system (EIFS) can be used at or above the second floor for decorative trim, moldings, etc.. g) Townhome Residential Parking Requirements: i. Each Townhome Residential dwelling unit shall be provided two off-street parking spaces located within an enclosed ground floor garage and/or an abutting driveway. Planning and Zoning Commission Page 153 of 195 Meeting Date: February 20, 2014 ii. Double garages (side-by-side parking) or single garages (front-to-back stacked parking) are allowed for any dwelling unit. iii. Garages must be sized to accommodate full size vehicles such that parked vehicles do not project past the limits of the garage. iv. Townhome Residential garages shall be oriented to public streets or vehicle access drives. v. Each Townhome Residential unit requires one-half (0.5) guest parking space. The total of guest parking required for clustered Townhome Residential may be accommodated in nearby public street parking or in designated off-street parking areas dispersed throughout the Townhome Residential development. h) Townhome Residential Trash: i. Each dwelling unit shall individually house trash in an area not visible from adjacent units or from public drives and protected from weather and pests. ii. Each dwelling unit shall be allowed to place trash containers in a designated area adjacent to the unit’s garage on designated trash collection days. Planning and Zoning Commission Page 154 of 195 Meeting Date: February 20, 2014 f.h. Structured parking garages may be used for required parking for Urban Residential uses. Planning and Zoning Commission Page 155 of 195 Meeting Date: February 20, 2014 (i)i. Roof top equipment shall be screened from view from a person standing at the sidewalk abutting and the top of the equipment shall not be higher than the top of the parapet. 6.5. Loading & Trash Zones for Residential: a. Loading zones are not required for Urban Residential buildings. b. Either one (1) dumpster location, measuring 10’-0” x 10’-0”, shall be provided for each Urban Residential building or one (1) compactor location shall be provided for each grouping of six (6) Urban Residential buildings. They shall be accessed and located along serviceways or alleys along the backs of the Urban Residential buildings. G. PARKING GUIDELINES: 1. Street Parking: a. Street parking within 300’-0” of a proposed use shall be counted toward satisfying the parking requirements for such use. b. Street parking shall not be assigned or reserved other than as required for accessible parking. c. Street parking may be deleted where the Property Owner is providing a valet drop-off/pick-up lane. d. Parking is permitted between the façade of a building fronting on Indian Creek Drive and the right-of-way for Indian Creek Drive. Formatted: Bullets and Numbering Planning and Zoning Commission Page 156 of 195 Meeting Date: February 20, 2014 2. Surface Parking. Surface parking lots within the development that accommodate 75 or more cars within one contiguous area shall only be permitted with a Special Site Plan (SSP) approval by Town Staff. Applications for an SSP for a Surface Parking lot shall include a phasing plan for development on the site that would be in compliance with the standards in this Ordinance. A Surface Parking lot may be converted into a building site with Site Plan approval at any time. 3. Garaged Parking: a. Garaged parking within 300’-0” of an associated non-residential use shall be counted toward satisfying the parking requirements for that use. Garaged parking is considered to be shared equally by all associated non- residential uses. b. Garaged parking within 300’-0” of an assigned Urban Residential unit shall be counted toward satisfying the parking requirements for that Urban Residential unit. c. Above-ground parking garages may be open parking structures and shall have minimum 3-ft. exterior masonry screening walls on all levels. Structured parking garages with open ground floor frontages shall have minimum 3-ft. high landscape screening on the ground floor. Post tensioning cable design shall be prohibited on exterior facing walls, but may be used on interior walls. Planning and Zoning Commission Page 157 of 195 Meeting Date: February 20, 2014 d. Below grade parking garages may be used for required parking of Urban Residential buildings. e. Disposition of Parking within Garages: i. Within structured garage parking, individual parking spaces or groups of parking spaces may be reserved, assigned, and designated for the use of specific tenants, for the use of Urban Residential parking, for short term parking, or for employee parking. f. Location of Garages Relative to Streets: i. Structured parking garages may have frontages and vehicular access to all streets. ii. Where structured parking garages have ground floor frontages, decorative building components, low walls, or landscaping approximately 3’-0” high shall be provided as a headlight screen on the ground floor. Solid enclosed walls of structures facing Type “A” streets, shall have exterior masonry walls on the ground floor. All other floors shall have exterior masonry walls, 3’-0” in height for headlight screening. Planning and Zoning Commission Page 158 of 195 Meeting Date: February 20, 2014 iii. Parking spaces shall be allowed at sloped garage floors or decks per the Property Owner’s discretion. iv. The facades of parking garages that are visible from Trophy Club Drive, Indian Creek Drive, or from the east boundary line must be of a similar color as the adjacent building. Screening of internal parking garages is not required. v. The elevated levels of structured parking garages may utilize bridges to provide direct pedestrian circulation from garage levels to Non-Residential and Residential uses as set forth in Exhibits “E” and “F”. Planning and Zoning Commission Page 159 of 195 Meeting Date: February 20, 2014 4. Parking Ratios: a. Parking calculations shall be based on enclosed air-conditioned areas only. Non-Residential use areas included in Supplemental Use Zones, exterior waiting, dining, beverage service, vestibules, public seating in Public Access Open Areas, and structured parking garages shall not be included in parking calculations. b. Required Parking Ratios by Use. i. Retail/Restaurant/Office – 1 parking space per 275 sf of gross floor area ii. Urban Residential – one (1) parking space per efficiency unit and one (1) parking space per bedroom iii. Hotel – 1 parking space per guest room plus 1 parking space per 275 sf of gross meeting/convention floor area iv. All other uses – 1 space per 300 sf of gross floor area. c. Shared parking study: The applicant/property owner may submit a request to the Town Staff for approval of a maximum of 25% reduction of required parking based on an assessment of parking demand by uses proposed at any time. Town Staff will evaluate the proposal based on a parking study of any proposed development, specific demand for the uses proposed, any proposed parking management and/or valet parking. 5. Stacked Parking: Stacked parking is permitted within the Property subject to compliance with the following standards: a. Stacked Parking shall only be permitted in conjunction with a valet parking plan. b. Each parking space in stacked parking shall be at least 8 feet wide by 18 feet long. c. An area reserved for stacking spaces may not double as a circulation driveway or maneuvering area. Planning and Zoning Commission Page 160 of 195 Meeting Date: February 20, 2014 6. Valet Parking: Valet parking is permitted within the Property. The following standards shall apply: a. A valet parking plan shall be required and submitted to the Town Staff for review and approval. b. A valet parking plan shall require the following information: i. A plan of the proposed pick up/drop off area, ii. The number of spaces required. iii. A plan of the proposed area to be used for parking including where stacked parking is to be used; H. SIGNAGE, CLOCK TOWER AND MISCELLANEOUS: 1) Signage: All signs shall comply with the Town’s sign regulations except as those regulations are modified herein. In addition to signs permitted by the Town’s Zoning Ordinance, the following additional signs and/or revised sign definitions and standards are permissible: (a) General: for purposes of signage, the entire Property is considered one lot. (b) Monument signs i Monument signs, for the sole purpose of identifying the development only (not tenants) (see picture to the left below) may be located anywhere on the private property side of property lines without setback restrictions, except for vehicular vision triangles as set forth by the Town of Trophy Club’s Ordinances. ii Monument signs may be lighted internally or externally and shall comply with all applicable Town ordinances. iii Maximum number of monument signs: 5. iv Maximum height of monument signs along Trophy Club Drive and Indian Creek Drive: 10’ with a Maximum effective area of 200 square feet per side. Planning and Zoning Commission Page 161 of 195 Meeting Date: February 20, 2014 (c) Freestanding development identification signs (as shown in the picture to the right above) – by Specific Use Permit (SUP) i. Number of signs, location, size, and lighting shall be determined by the SUP. (d) Direction Signs i. Direction signs are to direct the public to various locations within the development such as (but not limited to) retail, office, Urban Residential, hotel, parking lots and structured parking garages. ii. Direction signs may be freestanding, post mounted, wall mounted, projecting or flat mounted. iii. Where mounted to a vertical support the directional sign size shall not exceed 50 sf and not exceed 5’-0” in width. Planning and Zoning Commission Page 162 of 195 Meeting Date: February 20, 2014 (e) Banners i. Banners may be mounted to a vertical support, building, structured parking garage, street light pole, or may span an internal street of the PD property. ii. Banners may display artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. iii. Maximum area: 50 square feet per side. iv. Banner design is at the sole discretion of the Property Owner. Planning and Zoning Commission Page 163 of 195 Meeting Date: February 20, 2014 (f) Directory Map i. Directory maps shall identify the location of streets, tenants, amenities, service, and features within the development. ii. The directory map may be freestanding, post mounted, wall mounted, kiosk mounted, projecting or flat mounted. iii. The directory map shall not exceed 50 sf in size. (g) Architectural Roof Signs i. An architectural sign is a sign which may extend above or on top of the roof top or highest point of a building roof line. ii. Architectural Roof Signs are prohibited on frontages along Trophy Club Drive and Indian Creek Drive. iii. Architectural roof signs shall not exceed 150 sf, or exceed 9’-0” in height. They shall be limited to two per building/roof. Planning and Zoning Commission Page 164 of 195 Meeting Date: February 20, 2014 (h) Signage at Sloped Roofs i. Tenant signage may be allowed at sloped roofs and/or parapets to meet signage requirements of the Tenant based upon the building Façade design. ii. Signage shall be installed at the lower leading edge of a sloping roof, canopy, or parapet and not extending above the top edge of the sloping roof material. iii. Roof signage shall not exceed one-third of the height of the sloping roof as seen in true elevation. (i) Projecting Blade and Hanging Signs i. Projecting blade and hanging signs shall be allowed within the limits of the development for the use by Tenants and Property Owner. Planning and Zoning Commission Page 165 of 195 Meeting Date: February 20, 2014 ii. Projecting blade and hanging signs may project a maximum of 6’- 0” into the public right-of-way or public easement, into any Supplemental Zone, or from the face of any building. Projecting blade signs and hanging signs are to be mounted such that their lowest edge is at least 8’-0” above the typical finished sidewalk, or the minimum height to meet ADA regulation. iii. Projecting blade and hanging signs shall not exceed 50 sf. (j) Murals i. Murals are permitted upon approval of Town Staff. ii. Murals may be painted or attached to the exterior building walls of any structure. iii. Murals may incorporate artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events by means easily understood by a general audience. Planning and Zoning Commission Page 166 of 195 Meeting Date: February 20, 2014 (k) Wall Signs i. Only one sign and one logo shall be permitted per tenant per street (public and private) frontage. ii. The smallest rectangle encompassing all the letters may not exceed 30 inches in height, nor 40 feet in length nor 75% of the length of the frontage of the demised premises. iii. Businesses located on a corner may be permitted one sign on each frontage. iv. Signage shall be located on the wall surface above the storefront windows and above the storefront awnings or canopies. Planning and Zoning Commission Page 167 of 195 Meeting Date: February 20, 2014 v. Logos or Business marks, measured separately, may not exceed 30 SF, and may be located on the façade wall or on the business awning over the primary entry. (l) Sign Kiosks i. Freestanding kiosk structures, permanent or temporary, may be placed within public right-of-ways and/or public easements, with the exception of vehicle vision triangles. Planning and Zoning Commission Page 168 of 195 Meeting Date: February 20, 2014 ii. Kiosks are limited in height to 15’-0”. iii. The total allowed signage for each kiosk in public right-of-ways and/or public easements is 40 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 80 sf. iv. The total allowed signage for each kiosk within the lot limits is 60 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 120 sf. v. Kiosks may incorporate directional signage, directory maps, public service announcements, artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. vi. Kiosks may incorporate lighting and ambient audio. vii. Kiosks installed within the lot limits are not limited in number and may display commercial content. 2) Seasonal decorations. Seasonal decorations are permitted within the Property and may be attached to building elevations. Decorative tree lighting is allowed year round. 3) Existing Clock Tower. The existing clock tower, as shown on the Concept Plan, shall remain in its current location within the Property. A new Clock Tower, of similar size and scale of the existing Clock Tower, shall be allowed to replace the existing Clock Tower. 4) Vendor Kiosks. Vendor kiosks are permitted on the Property subject to the following requirements: a. Vender kiosks are intended for pedestrian (“walk-up”) customers only. b. During hours of operation, merchandise display and customer waiting may extend beyond the kiosk enclosure. c. Kiosks are to be located in or immediately adjacent to pedestrian areas with the express intent of providing inviting and convenient casual shopping and service opportunities suitable for an active pedestrian urban environment. d. Merchandise display and patron waiting areas may be covered by awnings or canopies. Merchandise display and customer waiting area may extend beyond the kiosk enclosure in all directions (this area is to be vacated during non- operating hours). Planning and Zoning Commission Page 169 of 195 Meeting Date: February 20, 2014 e. During non-business hours the kiosk and all merchandise is to be fully secured. f. Food preparation and sales must meet applicable health ordinances. g. Deliveries to kiosks are to be made during designated times coordinated by the Town Manager’s Designee. h. Kiosk may not exceed 15 feet in height exclusive of architectural and decorative features. i. Kiosks may not exceed 400 sq. ft in floor area. j. Awnings or canopies, fixed or retractable, may extend in all directions beyond the kiosk enclosure itself with specific extent to be determined on a case-by- case basis by the Development Management. k. Kiosk construction must meet all applicable municipal building and life safety codes and shall be secure after business hours. l. Kiosks may have electrical, gas, water, cable TV/data, and/or telephone service. All utility services are to be routed underground (no overhead wiring/cabling is allowed). m. Permanent signage pertinent to the primary business of the kiosk tenant may be mounted on the kiosk itself. 5) Environmental standards. Development and uses within the Property shall comply with all Town environmental standards including, but not limited to glare, noise, vibration, and odors. 6) Utility Placement and Routing: (a) Utility Services shall be defined as electrical service and distribution, telecommunications, data and cabling, electrical service for street lighting, signal cabling and wiring, proprietary cabling, natural gas service, water, sanitary sewer & storm sewer. (b) Overhead utility lines are prohibited within the limits of the development. (c) All utility lines within the limits of the development shall be placed underground from the provider connection into each serviced building and in general conformance with the location set forth in Exhibit “G”. (d) Major provider electrical distribution, natural gas distribution, and water utilities shall be routed below drive paving within public right-of-ways and/or public easements. Planning and Zoning Commission Page 170 of 195 Meeting Date: February 20, 2014 (e) Private utilities shall be routed through Serviceways and similar Circulation Zones and physical building separations internal to each block. Individual taps, meters, disconnects, and distribution should be located in these same areas, grouped in a purposeful and planned manner, easily accessed for reading and service, but visually screened into alcoves, fenced enclosures, or similar areas. (I) LIGHTING. 1) Exterior lighting shall be architecturally integrated with the building’s style, material, and color. 2) Lighting intensities shall be controlled to ensure that excessive light spillage and glare are not directed toward neighboring areas and motorists. 3) Pedestrian level lighting of building entrance-ways shall be provided. 4) Illuminations of portions of buildings, direct or indirect, may be used for safety or aesthetic results. 5) Lighting shall not exceed zero foot candles at property line III. PROCEDURES: A) Summary of the Process: 1) PD Standards. Development of the Property shall comply with the standards set forth in this Ordinance and with all other Town regulations not otherwise in conflict with these planned development regulations. 2) Concept Plan. Development of the Property shall generally comply with the Concept Plan attached hereto, including all modifications as authorized and approved by this Ordinance. Planning and Zoning Commission Page 171 of 195 Meeting Date: February 20, 2014 3) Preliminary Site Plan. Development of the Property shall generally comply with the Preliminary Site Plan attached as Exhibit “I” The Preliminary Site Plan is subject to change with staff approval after design charette process. Town Staff shall approve a modified Preliminary Site Plan if it complies with the standards set forth in the planned development district. 4) Site Plan and Façade Plans. Applicant shall submit a Site Plan and Façade plans for each phase of development to Town Staff for approval. Development of the Property shall comply with the Site Plan and Façade plans approved by the Staff as set forth herein. 5) Phasing. Each phase of development shall comply with steps 3 and 4 of this Section III. A. B) Concept Plan. a) Information to be provided on the Concept Plan shall comply with the standards set forth in this Ordinance and all other applicable Town Ordinances and shall include: i. the general location for proposed land uses; ii. delineation of all undeveloped open areas except for required yards, landscaped areas, areas unobstructed to the sky, and open recreation facilities such as tennis courts and swimming pools; iii. indication of maximum heights for all structures in feet and stories; iv. location of all proposed screening between the site and adjacent property; v. location of minimum building setbacks along the site boundaries, on dedicated streets; vi. approximate location of major access points and rights-of-way to be dedicated to the Town; and vii. indication of each phase of development if separate phases are proposed. b) There shall be no expiration date for an approved Concept Plan. C) Modified Preliminary Site Plan. 1) A request for a modified Preliminary Site Plan shall be submitted and may be approved by Town Staff as set forth herein. 2) Modified Preliminary Site Plans shall contain the following information: (a) Delineation of the Property; (b) Proposed public rights-of-way; Planning and Zoning Commission Page 172 of 195 Meeting Date: February 20, 2014 (c) Proposed uses; (d) General building footprints, and locations of vehicle and pedestrian ingress and egress; (e) Total number of dwelling units proposed; (f) General location of parking; (g) General location of parks and open space with the general locations of existing tree clusters; and, 3) Process: (a) The Applicant shall submit the Modified Preliminary Site Plan and general façade standards to the Town Staff. (b) The Town Staff shall review the documents. If Town Staff determines that the Modified Preliminary Site Plan complies with the Concept Plan and the provisions of this planned development district, Town Staff shall approve the Modified Preliminary Site Plan. If the Modified Preliminary Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (c) Town Staff shall return one copy of the Modified Preliminary Site Plan to the Applicant with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Modified Preliminary Site Plan or repeat the notice of noncompliance set forth above. (e) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Modified Preliminary Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Modified Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district. The Town Council shall review the Modified Preliminary Site Plan and the recommendation of the Commission, and upon making a determination that the Modified Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district Town Council shall approve the Modified Preliminary Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized by this subsection. (f) There shall be no expiration date for an approved Modified Preliminary Site Plan. Planning and Zoning Commission Page 173 of 195 Meeting Date: February 20, 2014 D) Site Plan: 1) Prior to the issuance of a building permit application for a building to be constructed on the Property, a Site Plan shall be approved as set forth herein. 2) Site Plans shall contain the following information: (a) Metes and Bounds of Site Plan area; (b) Proposed Lot lines; (c) Proposed Public Rights-of-way with curbing, sidewalk, street tree locations and parking space indicated. The drawing shall also show the location of existing or proposed traffic signals, location of existing or proposed median cuts, acceleration/deceleration lanes, and turn lanes with traffic control signage and a description of special paver treatment if proposed. (d) Proposed uses. (e) Building footprints, gross area in square feet per floor and cumulative area of all floors, number of floors above and below grade, and proposed uses for each floor, and all locations of vehicle and pedestrian ingress and egress to all proposed blocks and buildings and parking areas. (f) Total number of dwelling units proposed and the square footage of each of the proposed dwelling units. (g) Parking: On-street parking shown with parking counts, surface parking shown with parking counts, garage parking shown with parking counts. Parking Counts shall be shown by block and in total and the parking demand shall be shown by block and in total. For purposes of calculating parking, the entire property shall be considered one lot. (h) Parks, Open Space and trails shall be shown with calculation of areas to confirm compliance with these regulations. Landscape plans are not required, but the Site Plan shall show the approximate number of proposed trees to be planted and general locations of existing tree clusters, providing average size and number and indication of species. (i) Proposed and existing grading in 1’0” contour lines. (j) Dumpster locations and proposed screening devices. (k) Location, size and lighting of Project Identification Sign(s), Monument Sign(s), Kiosks in public ROW’s, or other major feature readily visible from viewpoints off-site. 3) Process: (a) The Applicant shall submit the required number of copies of the Site Plan to the Town Staff. Planning and Zoning Commission Page 174 of 195 Meeting Date: February 20, 2014 (b) Town Staff shall review the documents to determine if they comply with the Concept Plan, Preliminary Site Plan and the provisions of this planned development district. If Town Staff determines that the Site Plan complies with the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Staff shall approve the Site Plan. If Town Staff determines that the Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (c) Town Staff shall return one copy of the Site Plan to the Applicant with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Site Plan or repeat the notice of noncompliance set forth above. (e) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Site Plan conforms to the Concept Plan, Preliminary Site Plan, and the provisions of this planned development district. The Town Council shall review the Site Plan and the recommendation of the Commission, and upon making a determination that the Site Plan conforms to the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Council shall approve the Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized in this subsection. (f) There shall be no expiration date for an approved Modified Preliminary Site Plan. E) Facade Elevations: 1) Development of the Property shall comply with Façade Elevations which substantially comply with the standards set forth herein and with all other Town regulations not otherwise in conflict with these planned development regulations. Façade Elevations are required to be submitted by an owner, developer or subdivider and reviewed and approved by the Town Staff prior to the issuance of a building permit. Façade Elevations may be submitted individually for separate buildings rather than for all structures to be constructed on the Property. 2) Submittal requirements for Façade Elevations shall include: (a) Data block including project name, legal description (Town, county, state, survey and abstract, subdivision, lot and block, existing and proposed zoning, overlay districts), gross acreage, drawing title, drawing Planning and Zoning Commission Page 175 of 195 Meeting Date: February 20, 2014 scale, preparation/revision and submission dates, contact information (name, address, phone, and email) of the property owner, architect, engineer, surveyor, and landscape architect. (b) Elevations of every side of every building shown on the Site Plan, drawn at a scale sufficient to depict building detail. Small scale drawings may be supplemented with large scale portions of the building façade. (c) Location plan keying the drawings of the elevations to their location within the site plan and the extent of the proposed façade on each building. (d) Identification and tabulation of ground floor areas relative to residential or non-residential uses. (e) Identification and area tabulation of material finishes, including areas of glass, masonry, and EIFS. Tabulation does not include sloping roof surfaces. (f) Windows, window and door jamb, sill and head dimensions, balconies, balcony rail details, finishes, and parapets. (g) Roof in elevation or plan, as appropriate, with slopes and material identifications. (h) Identification and dimension of floor levels. (i) Vertical property lines through buildings where applicable. 3) Process: (a) The Façade Elevation submittal shall be reviewed by Town Staff for compliance to design requirements cited in this Ordinance. (b) Town Staff shall review the submittal and respond whether the Facade Elevations meet the standards set forth by this Ordinance or shall specify the deficiencies. Should Town Staff determine that the submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Elevations, the submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Designer. Once the Facade Elevations has been reviewed and approved, then the Applicant may apply for a building permit. (c) Should Town Staff identify items that are not compliant, one copy of the Façade Elevations shall be returned to the Property Owner with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing codes or Ordinances. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Planning and Zoning Commission Page 176 of 195 Meeting Date: February 20, 2014 Elevations, the re-submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Applicant’s Designer. (e) The Applicant may appeal any decision of Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the Facade Elevations conform to the Site Plan and the provisions of this planned development district. The Town Council shall review the Façade Elevations and the recommendation of the Commission, and upon making a determination that, the Facade Elevations conform to the Site Plan and the provisions of this planned development district, the Council shall approve the Façade Elevations. (f) Once the Site Plan and Facade Elevations have been approved, Construction Documents and Specifications may be reviewed for building permit in accordance with the Town's Building Code. (g) There shall be no expiration date for an approved Facade Elevation, other than the specified expiration periods that apply to all Preliminary Plats and Final Plats. F) Process for Minor Modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Facade Elevations: 1) Minor modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Façade Elevations including, but not limited to components, colors, locations, extent, number, size, area, and detailing, may be approved administratively by Town Staff, provided, however that Town Staff may not approve any one or more of the following : (a) A requested land use that is not expressly allowed under this planned development district; (b) A proposed modification that increases maximum densities permitted under this planned development; (c) A proposed modification that increases maximum heights permitted under this planned development; and/or, (d) A proposed modification that changes required parking count except as otherwise specifically provided for in this ordinance. 2) Changes to accommodate the requirements of a Tenant may be considered a minor modification provided the changes comply with this Ordinance and all applicable codes and Ordinances. 3) Minor modifications as described above shall be incorporated into the construction documents prepared for building permits, and considered to comply with the approved Site Plan and Facade Elevations reviews and approvals. Planning and Zoning Commission Page 177 of 195 Meeting Date: February 20, 2014 4) The Applicant may appeal any decision of the Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the proposed modification satisfies the standards set forth in this ordinance. The Town Council shall approve the proposed modification if the Council determines that the modification satisfies the standards set forth in this ordinance. Planning and Zoning Commission Page 178 of 195 Meeting Date: February 20, 2014 9980566v.29980566v.2 Planning and Zoning Commission Page 179 of 195 Meeting Date: February 20, 2014 Planning and Zoning Commission Page 180 of 195 Meeting Date: February 20, 2014 Planning and Zoning Commission P a g e 1 8 1 o f 1 9 5 M e e t i n g D a t e : F e b r u a r y 2 0 , 2 0 1 4 PLANNING AND ZONING COMMISSION MEETING JANUARY 16, 2014 PUBLIC HEARING REQUESTS TO SPEAK: 1. Jim Parrow: 8 Brookfield Ct. 2. Larry Hoover: 1118 Berkshire Ct. 3. Pete Reincke: 3 Colonial Ct. 4. Peggy Sweeney: 51 Meadowbrook Ln. 5. Ralph Reed: 19 Hanna Ct. 6. Michelle Reed: 3 Greenhill Trl. 7. Nick Sanders: 7 Hayes Ct. 8. Sandra Sheridan: 1 Hillcrest Ct. 9. Susan Edstrom: 269 Oak Hill Ln. 10. Mike Buck: 2401 Lilyfield Dr. 11. Colleene Raymundo: 42 Cypress Ct. 12. Mike Lewis: 2550 Kensington Ln. Jim Parrow: Good evening. My name is Jim Parrow. I live at 8 Brookfield Court here in Trophy Club. First of all I would like to say we have received some very good presentations this evening for Frisco, for Grapevine, and for Atlanta. The fact of the matter is this is Trophy Club. We don’t have the infrastructure that those communities have. And so my concern is if we add another 100 residential units above the 250 that have been approved that is going to put an additional strain on the police, the fire, and the educational resources available to our existing residents. There will also be a loss of sales tax revenue if we put residential where retail is supposed to have been. So, I am opposed to adding 100 additional units. I also see adding a municipal office as more of a carrot to dangle in front of the city council to get their approval to concede to the additional 100 residential units. As you may recall, the original P&Z unanimously rejected PD-30. The Council that was sitting at that time chose to ignore the P&Z as they did the more than 2,000 residents who signed a petition in opposition to PD-30 as written. We all want development on that corner. We all want increased revenues from that location. The more retail and the more commercial that goes in that location the more revenues we will generate and the better we as citizens will be. I also noticed there was a change from stucco to EIFS and I have to wonder why that was made. As a residential real estate broker, we have had numerous residential properties that have EIFS that have caused numerous problems. And I don’t know that EIFS has been so developed, since I am not a builder, that we can avoid the problems that EIFS has presented in the residential market. The townhome issue, I would make sure that we know what those townhomes will look like, what they’ll be priced at, and if they’re going to be reasonable and appropriate for this community, and will they attract townhome purchasers. The last thing I would like to say, Mr. Beck during his presentation seemed to affirm, based on what his banks told him, that putting residential over retail is a kind of iffy proposition and yet he is proposing doing exactly that. So that seemed to be somewhat contradictory. And with that I will turn it over to someone else. Thank you. Planning and Zoning Commission Page 182 of 195 Meeting Date: February 20, 2014 Larry Hoover: I am Larry Hoover, 1118 Berkshire Court. First off, I would like the Planning & Zoning Board to understand that the Council I was on at the time did not ignore your decision, nor did the Council ignore the petition. We used it as leverage successfully to reduce the request of the apartments from 1000 to 250 phased in two pieces of 125 units each. I’m not here to say one thing or another about the amendments. I would encourage you as an appointed board, who doesn’t have to sit up here as an elected board subject to the political machinations of this town, that you make the decision that is best for this town long term. Long term, this town needs a vibrant center to stay alive. A hotel will give you the opportunity to make Trophy Club a destination in conjunction with the golf course, where a hotel could possibly offer packages that would include golf with the room. Deloitte has requested in the past to Mr. Beck that the hotel be built. They currently outsource 400 rooms a week that they can’t fill in their own facility. They would help fill up this place. There is also a big market of young single people working over there at Deloitte and Fidelity who are making over $90,000 a year that would fill up these apartments. I’ve heard some people complain about the retail over at 925 Main Street in Grapevine. The average income of a resident in 925 Main Street is $160,000 a year. Also we had the superintendent state last year that there would be no overloading of our school district. We are growing so fast and we have so much capacity that this school district does not even request that people from outside the district pay a transfer fee. If you live in Grapevine you can come to Northwest for free. So, please do what’s right long term. Thank you. Chairman Senelly: If you happen to be a public official and you speak tonight please let us know that. Thank you. Pete Reincke: Pete Reincke. 3 Colonial Court. I don’t know if I’m a public official or not. I do sit on at least one committee. I don’t think that qualifies. I’m certainly not elected. I’m having a little trouble. 1. I’m concerned about the additional apartments, but this retail-ready concept -- I would like to understand more about is there restrictions about how long it would be before you would open those up to apartments and what experience you guys have with actually turning the apartments back into retail space. What’s the probability of that, once it is apartments how often does it turn into something else? Also we talked about finishes and the different requirements. it looked real nice. Is there anything inside the PD that calls out specific requirements of those apartments in a level of finish that we can rely on so it will attract the right kind of folks in whatever apartments we are subject to? The town homes I thought was a really nice change from the multi-family that was there. Same questions that the other raised about how they are platted and is it appropriate for the town. That’s all I’ve got. Thank you. Peggy Sweeney: Peggy Sweeney. 51 Meadowbrook Lane. I am sure probably all or most of us remember when the first proposal came forth. The developer was asking for a whole lot more apartments than he got. And I see this latest proposal as trying to creep up the number of apartments back up. Based on his comments that the developers say their or the financiers or whoever say that there is not going to be Planning and Zoning Commission Page 183 of 195 Meeting Date: February 20, 2014 enough foot traffic with the existing number of 250 for the apartments. Now, if my math is correct, the difference between 250 and 350 is 100. Nice round number. Now as previously mentioned where probably… they are aiming for occupants of these apartments to be the young professionals over at Deloitte or single airline pilots as the developer mentioned previously, umm, so that means that 100 extra apartments would basically roughly, if I get my arithmetic wrong forgive me, that’s 100 extra people. I don’t see 100 extra people making or breaking our retail development that sits on 114 with gridlock every night at 5:00 p.m. That gridlock at 5:00 p.m. is either going to make or break the financing on this sucker. Not those extra 100 people living in those apartments. And to finish I will repeat a comment that someone else did mention because it is very important to me. Thank you Mr. Reed. I see the Town Hall as a carrot there’s nothing in there about a commitment to actually do anything. And frankly I’d bet a fair amount of money that no way on earth is he going to give up any revenue producing acreage to give the city the property to do a town hall. It’s not going to make him one red cent and he’s not going to do it. Thank you. Chairman Senelly: Again, you may cover a little ground if you wish, but don’t waste your 3 minutes on someone else’s comments. If you’ve got something to say then we want to hear it. We don’t want you to just be repeating things. Also, we pride ourselves here in Trophy Club in being civil to each other and we want to maintain that. Thank you. Next. Ralph Reed: Thank you. I’m Ralph Reed. I live at 19 Hanna Court which you might know are similar to the townhomes, which are small lot houses. I heard something about this being a vibrant town center. This is what we need and I agree with that. I just wonder how a CVS on the corner is going to make this a vibrant town center. I look at the new plat. It shows a 12,000 sq. ft. building right on the corner with one drive-in which is CVS, Walgreen’s, some kind of drug store. I didn’t see that in Atlantic Station or any of the other. They talked about Dillard’s, they talked about movie theaters, they talked about a lot of things but not as a CVS as your main anchor. Just a thought for the Council. A hundred extra apartments, that doesn’t affect the amount of retail. I agree with a prior comment. But we have in this new plan 100,000 sq. ft. less retail space. Now that’s less sales tax revenue for this city and one thing this city does need is sales tax revenue. So, again, a comment, that that’s something that I see as very very negative to this. I understand Weitzman is a great group. They do a wonderful job of leasing. Maybe they can’t lease that much. That may be the reality of it. But all we’ve heard here is about all these additional apartments and all the good things that are there and not about the things that were taken away from the original plan. Maybe I was wrong. But in looking at the plan it looked like the retail that was overlooking the lake, I just wonder, I didn’t see any way for vehicles to get down there, and I just wonder realistically, once it’s apartments it’ll never be retail again. The townhomes facing the garage, the townhomes they have are on a lake, are on the river, but they face the garage. Now I can tell you I moved into our subdivision because our house faces a small little park. If I had to look at the back of a 5 or 6 story parking garage. I don’t want to be the realtor who is trying to sell that space. I just wonder whether that would ever happen. And then city hall, the plat there, I would just remind the members here and I Planning and Zoning Commission Page 184 of 195 Meeting Date: February 20, 2014 don’t know how many of you remember but about 2 years ago the Beck’s they have a piece of property behind the Tom Thumb Shopping Center that’s in the flood plain that floods. We used to have base ball fields there and they kept flooding and flooding and so they told the baseball association they couldn’t use those fields and they came to the city council and offered a swap. We’ll give you that land it’s worthless to us but oh we’ll give it to you, if you put up 3 electronic billboards in Trophy Club. Someone who is willing to put up 3 electronic billboards along 114, I wonder, whose interest they have at heart, their interest or the city of Trophy Club. Michelle Reed: Michelle Reed. 3 Greenhill Trail. Good evening. Just a couple of things that I wanted to make a point of is whenever I was going through the red line document on page 51 to 52 there is a paragraph that has been marked out and is a paragraph that I was very excited about the night whenever I walked out at Byron Nelson High School whenever this document was discussed years ago. And it was a ratio of how things were going to be built. A ratio of retail to residential and how that was going to happen, and maybe I misread the red line but it’s just something that I would ask that you guys please read again. I think that benefited us and was good for us to have that ratio in there. So just be mindful of that. And I also just want to remind the residents, like the previous speaker said, you know, our anchor is not going to be a movie theater or some of these glitzy things. That’s not what’s going to happen unfortunately in our town. And so I don’t want the residential to be deceived by pictures that are shown about other developments around the country or even around this state. The last thing that I want to mention is that I do not want to be the supplier of apartments for Southlake and Westlake. That’s not why I brought my family here. That’s not why we moved here. That’s not what our purpose was to be a part of a community of apartments. And so, I thank you for your time and thank you for your service. Nick Sanders: Hi, I am Nick Sanders at 7 Hayes Court. I do want to let you know that I do live in Hogan’s Glenn but I am outside the 200 foot notice area. Also I want to let you know that I am an elected official on the MUD Board. I also would recognize that this is a zoning issue tonight and not a site plan. Lots of detail questions I might have if we were on a different subject. I like the idea of the townhomes. I think that’s a value to this town. I actually would like to see more of those around the town or in this development. And I like how that softened the issue for the residents that live closest to that area or at least I think it does. I am not now, having heard the presentation about retail ready, I am not totally opposed to retail ready. However, as I expressed in my email to each of you, I don’t see how me as an apartment dweller living on the ground floor would like very much that all of a sudden something converted to retail next to me, if that were to happen. And so I’m not sure conversion back and forth would happen too often. But it sure might happen in the early stages. If they were leasing more retail and the opportunity was there then they might do it, but you might also lease it as apartments very quickly ‘cause people might prefer that ground floor option. I really am not in favor of increasing the maximum number of multi-family units. Whether they’re called apartments or whatever they might be. And so raising it above the 250 I am not in favor of. And it looked like that 310 to 350 which was in the presentation is a broad Planning and Zoning Commission Page 185 of 195 Meeting Date: February 20, 2014 area and I’m not sure you’ll have the broad thing in the final PD document. I am sure it would probably end with 350. So you can probably make that as a decision. I like the idea of a municipal complex. Not thinking that the police department is a good place to have patrol cars running back and forth through there. But we as a town have that as an issue. It needs to be addressed. There’s limited space available. I think it adds to the picture of having a retail or mixed-use development to have a municipal complex there if it’s built appropriately. It will cost a lot of money. So whether its rent that you’re paying and the developer builds the building or you somehow work out some arrangement where you own the land. That would remain to be seen. But it seems like to me that it complicates the issue for the citizens if you don’t own the land. I’m not opposed to the balconies in apartments. I realize people are concerned about that because of some experience that we have currently. But it seems like to me if they overlook the area that was the water feature or whatever that might be in the town that that would be an ok thing. Maybe ordinances could address the issues. Is that the end? Ok thank you very much. Sheridan: Hi. I’m Sandra Sheridan. I live at 1 Hillcrest Court. I’ve been here for 18 years. Mr. Senelly, you started out the meeting today saying that you were interested in wanting to know what the folks here have to think. Well, we’re the folks. There’s a lot of politics in this town. There’s a lot of political agendas. All I’m asking you guys to do is to don’t listen to those, listen to the people. We pay the bills here. Ok. We elect the officials. It’s our town. Ok. Mr. Beck, we started out with you a couple of years ago on a very cold rainy winter night talking about how this was going to be a lot like The Shops at Legacy, maybe an Angelika Theater, maybe a ZaZa Hotel. Now we’re down to apartments. And really, retailers aren’t interested in coming here which puts another opening for maybe more apartments. So where’s our tax money going to come from folks. Who’s going to want us. Who are we going to have to go into hock with around here to keep alive and to keep going. We are living here ‘cause we like it. It’s pretty. It’s safe. It’s quiet. It’s peaceful. We are near enough a big city to go there. But we can come home and hide and be safe and be peaceful. Let’s think about that. It’s a quality of life issue folks. Think about it. Susan Edstrom: Good evening Commissioners and residents. Susan Edstrom. 269 Oak Hill Drive. I didn’t come here tonight with any prepared remarks because I wanted to hear the proposal and what other residents had to say. First, in regard to some of the opening comments, the aging gender of this commission for me is irrelevant. What I care about is that like the last commission this one keeps the best interests of the residents in mind. You would have had to live under a rock during the last process to know that apartments were unanimously viewed as a negative and we don’t wish to be the provider of apartments for Southlake or Westlake either. They can build their own. I’d like to know how long before retail ready is marketed as residential and what controls you can secure for us should that go forward. I wonder if this is just another flavor of the day request. We were told 2 years ago now is the time. We told the commission and the council that the developer would be back for more apartments it was just a matter of time. That time is certainly here. I work for the world’s leading travel technology company and I can tell you the majority of young single professionals with Planning and Zoning Commission Page 186 of 195 Meeting Date: February 20, 2014 whom I work live in the Dallas Greenville area and commute to Southlake. There is not the night life they desire nor the lifestyle. I doubt the likes of the professionals at Deloitte or Fidelity would be any different. There’s been a lot of talk about this within the Facebook groups for Trophy Club. And while there are differing areas of concern and desires and things that people like I can tell you unanimously nobody wants more apartments. That is the one thing that you can take out of the threads on Facebook that beyond a shadow of a doubt there are some aspects that people like, there is not a single group on Facebook that is for or in favor of more apartments. During the presentations last year it was mentioned that the Beck Trust had a requirement for this center that was revenue generating. I wonder just how a town hall is revenue generating or like others have said, it is a dangling carrot. Thank you. Chairman Senelly: Ms. Edstrom, I believe you are a public official, is that not correct? Susan Edstrom: No Sir. No Sir. I’m on the Shelter Board, but I’m not an elected official. Chairman Senelly: Thank you. Thank you very much. And who do we have next? Mike Buck: Good evening everybody. My name is Mike Buck. I live at 2401 Lilyfield Drive in Trophy Club here. In full disclosure, I am the chairman of the Citizens Financial Advisory Board. I also sit on the M.U.D. Citizens Board as well, too. So my comments are going to be somewhat rhetorical to you fine folks up here. Because I realize you are not going to address them or answer them. .And that is, I want to kind of paint a picture for the people that are behind here. You guys know what 2016 looks like. 2016 in this town all the building is going to stop. The people that are coming in to this town from a residential standpoint in both The Highlands, the PID, and the people that are going to occupy the homes on the other side of Trophy Club by Harmony Park that building will at that point cease. What we are going to have as a town from a revenue standpoint is the ongoing evaluations of our property values that will hopefully throughout the years increase in value. That is going to be our base to determine our revenue because it is property tax.. Now putting a development at PD-30 we are naturally going to obviously get property tax from the developer but what we really need here guys is sales tax revenue. That is something our committee-type looks at. We look at it hard. We look at ways in which we can partner with the town and also EDC 4B to look at opportunity for sales tax revenue. That’s what we really need. If you look, there’s a map that a lot of folks in this room probably have never seen. But I think it sits in the public service conference room. It’s a map of the town of trophy Club. .And it has you know the borders, and it has Lake Grapevine, and it has areas. And one of the things it has is a red-out area that shows where we can actually put sales tax revenue generating properties and we have hotels there right now. W e have a dentist office going in there. We have PD-30 as well too. What I’m in favor of is asking you guys to do the right thing here and look at what’s best for the town of Trophy Club, as Mr. Hoover said. But what I would say is that adding 100 additional apartments is probably not best for the town of Trophy Club. Looking for ways to maximize sales tax revenue in the future when this town is eventually going to level out and we’re not going to realize revenues from new Planning and Zoning Commission Page 187 of 195 Meeting Date: February 20, 2014 housing starts and we’re going to have to rely on the revenues from increasing property values. That is what is going to be our basic taxation from a tax payer’s standpoint. And that really, from what it looks like to me if we don’t bring in the sales tax revenue, our taxes are going to go up. Also I would ask you to consider one final thing. Putting apartments in this town, additional apartments that are not currently here, could potentially lower the property value of certain people in this town as well too because people might not find that attractive and as has been stated before a couple of different times why should we build apartments for people in Southlake and Westlake when those towns clearly do not want them there. Thank you. Chairman Senelly: Ok. That was the last person registered. Is there anyone else here who would like to make any comments on the proposed amendment. You are welcome to do it. Yes, my name is Colleene Raymundo. And I live in Hogan’s Glenn on Cypress Court. My husband and I moved here about 4 years ago from California. We escaped California because what is happening here tonight is what happened in California. I just pray that you all make the right decision. And as so many of the people who touched my heart tonight speaking they spoke from their heart and they spoke for what they want from Trophy Club emotionally, educationally, physically, everything. Their life depends on what happens here. And I can only tell you that I just pray that what happened in California does not happen in Trophy Club. Thank you. Mike Lewis. 2550 Kensington Lane. My wife and I, we met in the downtown Fort Worth area. We lived in a retail and a multi-tenant establishment there at West 7th and University. Real nice up-coming area. After the first wave of tenants moved out and other tenants were moving in everything started declining really quickly so we moved here to get some peace and I have a lot of concern about that. I’m against increasing additional apartments in this area. I’ve seen how quickly they decline. So, those are my thoughts. Planning and Zoning Commission Page 188 of 195 Meeting Date: February 20, 2014 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Star-Telegram/Classifieds Dept. DATE: February 7, 2014 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ February 10, 2014 SUBJECT: PD Amendment TOWN OF TROPHY CLUB PUBLIC HEARINGS 100 Municipal Drive 7:00 p.m. PD-30 AMENDMENTS PLANNING & ZONING COMMISSION Thursday, February 20, 2014 TOWN COUNCIL Monday, March 3, 2014 A Public Hearing will be held on the above dates and times to consider a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Drive and State Highway 114. Planning and Zoning Commission Page 189 of 195 Meeting Date: February 20, 2014 PUBLIC HEARING RESCHEDULED TOWN OF TROPHY CLUB 100 Municipal Drive PD AMENDMENT REQUEST FOR PD-30 (PLANNED DEVELOPMENT NO. 30) PLANNING & ZONING COMMISSION Will hold a Public Hearing on this matter on Thursday, February 6, 2014 February 20, 2014 TOWN COUNCIL Will hold a Public Hearing on this matter on Monday, February 17, 2014 March 3, 2014 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive, Trophy Club, Texas 76262 A Public Hearing will be held on the above dates and times to consider a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Drive and State Highway 114. To Surrounding Land Owners: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this property receive written notification of this request. All interested property owners are encouraged to attend this hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club, Attn: Carolyn Huggins, Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262; or by email: chuggins@trophyclub.org; telephone: 682-831-4681 Planning and Zoning Commission Page 190 of 195 Meeting Date: February 20, 2014 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 19 1 of 19 5 Me e t i n g Da t e : Fe b r u a r y 20 , 20 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-871-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Discussion and recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Attachments: Action ByDate Action ResultVer. Discussion and recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Planning and Zoning Commission Page 192 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-763-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2013 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Staff liaison update of current and future items; questions and/or discussion. Attachments: Action ByDate Action ResultVer. Staff liaison update of current and future items; questions and/or discussion. Projects underway, previously approved by P&Z and Council: Early last month (early January) Certificate of Occupancy issued to Church of Jesus Christ of Latter Day Saints at the corner of Bobcat Blvd. and Trophy Club Drive. Tom Thumb fuel station is shooting for end of February for completion. The Church at Trophy Lakes (at the roundabout) is projecting completion by end of March. Projects-Status, previously approved by P&Z and Council: Villas of Hogan’s Glen, Phase II (PD-22) Final Plat - Recommended for approval by the Planning & Zoning Commission on October 3, 2013 and approved by Council on October 21, 2013. Drees Custom Homes purchased The Villas property from Mr. Beck, and is in the process of finalizing documents to complete a revised Subdivider's Agreement to take to Council for their approval. Then, a pre-construction meeting will be held and infrastructure construction will begin. (Still about 45 days out.) Parkland dedication for The Villas has been fulfilled -- Mr. Beck transferred the property from his company to the Town and the Deed transfer has been filed in Denton County. Medical Office Buildings (PD-27) Village Center Site Plan - Recommended for approval by the Planning & Zoning Commission on November 21, 2013, and approved by Council on December 16, 2013. Building permit plan review comments sent to owner. They will revise the plans and resubmit for final review. The owners are close to moving forward with construction of the first building on this property after suffering a temporary setback when they lost their original dentist tenant to a building in Southlake. Fortunately, they have found a new dentist tenant, who is also in the process of buying a home here in Trophy Club. Look for a permit to be issued in about a month’s time for this project. Holiday Inn Replat and Site Plan (PD-25) - Recommended for approval by the Planning & Zoning Commission on December 18, 2013 and approved by Council on December 30, 2013. Council approved Developer's Agreement on January 20, 2014. Early grading is taking place. Building Permit plans are under review. When plans are approved, a pre-construction meeting will be scheduled. Projects under staff review that P&Z should see on an agenda in the near future: Homewood Suites submitted a preliminary plat, final plat and site plan which has been distributed to staff to begin review. Planning and Zoning Commission Page 193 of 195 Meeting Date: February 20, 2014 File #:2013-763-T,Version:1 Canterbury Hills, Phase 3 engineer has been sent the 1 st round of comments for the final plat and infrastructure construction plans. Staff is waiting on a submittal of the revised plans. Staff met with the engineer who is generating plans for platting of the “Montessori School” property in PD-27 Village Center. Staff anticipates receiving that submittal soon. Planning and Zoning Commission Page 194 of 195 Meeting Date: February 20, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-764-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2013 Planning & Zoning Commission On agenda:Final action:2/20/2014 Title:Items for future agendas. Attachments: Action ByDate Action ResultVer. Items for future agendas. Planning and Zoning Commission Page 195 of 195 Meeting Date: February 20, 2014