ORD 2010-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-01 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD
PLANNED DEVELOPMENT NO. 27, THE SAME HAVING
AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING
AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY
ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO
EXHIBIT "B" ENTITLED "DEVELOPMENT STANDARDS",
SECTION V. "NEIGHBORHOOD REGULATIONS", J. "VILLAGE
CENTER", 1. "PERMITIED USES", AND ADOPTING
"RESTAURANT DESIGN GUIDELINES -VILLAGE CENTER" AS
MORE FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING APPLICABLE REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING
SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as ''Town'') is
a Home Rule Municipality acting under its Charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z
amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No.
27, known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and
WHEREAS, the Developer wishes to amend permitted uses for Village
Center to remove the prohibition against drive-in restaurants currently contained
in the Ordinance; and
WHEREAS, all legal notices, requirements and conditions having been
complied with, the case to amend PD No. 27 came before the Planning and
Zoning Commission; and
Ordinance No. 2010-01 PZ (PD27) 1
WHEREAS, after public notices were given in compliance with State law
and public hearings were conducted, and after considering the information
submitted at those public hearings and all other relevant· information and
materials, the Planning and Zoning Commission of the Town has recommended
to the Town Council the adoption of the amendments to Ordinance No. 2007-15
P&Z as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and
conditions, a public hearing was held before Town Council at which the Town
Council considered the proposed amendments and considered, among other
things, the impact of the proposed amendments on density, the character of the
land and its suitability for particular uses, with a view of encouraging the most
appropriate use of land in the Town, and does hereby find that the adoption of
the amendments hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity for
the amendment to Ordinance No. 2007-15 P&Z, that the amendment is
appropriate and is consistent with the other uses allowed in the Village Center
portion of PD-27, and the Town Council has determined that this Ordinance
should be adopted, that the proposed change is consistent with the
Comprehensive Land Use Plan, and that the terms of this Ordinance shall
replace those terms contained in Ordinance No. 2007-15 P&Z in their entirety
except as may be specifically set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the
same being the Town's Planned Development No. 27, Exhibit "B" entitled
"Development Standards", V. entitled "Neighborhood Regulations", J. entitled
"Village Center", No.1. entitled "Permitted Uses", r. "restaurants without drive-ins
is amended by striking "without drive-ins", allowing "restaurants" so that
Subsection J(1 )(r) of Section V of Exhibit "B" reads in its entirety as follows:
Ordinance No. 2010-01 PZ (PD27) 2
J. Village Center:
1. Permitted Uses:
.... r. Restaurants.
2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the
same being the Town's Planned Development No. 27, Exhibit "B" entitled
"Development Standards", V. entitled "Neighborhood Regulations", is amended
to add "K. Restaurant Design Guidelines -Village Center" so that Subsection K
reads in its entirety as follows:
K. Restaurant Design Guidelines -Village Center
PURPOSE
The Highlands at Trophy Club has many desirable aesthetic qualities and
neighborhoods with unique character. These attributes are closely guarded and
nurtured to protect the community and ensure design excellence. The
Restaurant Design Guidelines -Vii/age Center is intended to be responsive to
developers while promoting good design. These guidelines are applicable to all
restaurant types as they are structured to respond to the varying conditions and
constraints inherent to individual sites within Village Center.
DESIGN GUIDELINES
These guidelines are intended to address exterior elements of restaurant design
to help promote cohesive design and enable comprehensive review of all new
buildings. All proposals should be in accordance with the zoning ordinance and
PD-27 architectural and site design standards, as well as adhere to the
requirements stated in this guideline in the following five areas: Site Design,
Architecture, Landscape Design, Lighting, and SignageiCorporate
Identification.
Site Design
The components of a restaurant to be considered in site design include, but are
not limited to:
• Primary structure, entry and associated outdoor waiting area
• Outdoor dining
• Service, utility infrastructure, refuse and storage area
• Pedestrian and vehicular circulation systems, and parking
• Drive through windows and associated equipment and stacking lanes
Primarv Structure, Entry and Associated Outdoor Waiting Area: All development
proposals should show evidence of coordination with the site plan requirements
as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V,
Supplementary District Regulations and the Architectural and Site Design
Standards required in PD-27, Village Center. Development proposals should
Ordinance No. 2010-01 PZ (PD27) 3
show evidence of coordination with contextual influences of neighboring
properties in regard to building setbacks, orientation, and relationship of
structures to each other and to the street. The layout of the site should respect
and build upon the arrangement of buildings, open spaces and landscape
elements of adjacent sites.
• Where a common setback from the street is evident, new buildings should
respect the established setback. Variation is allowed if the resulting
arrangement of buildings defines a useful public space such as a plaza or
open space.
• Building entries should be convenient to parking, but also seek and develop
shared vehicular access points with adjoining sites where feasible, and seek
and develop pedestrian linkages between adjacent properties.
Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented
toward Northwest Park. Outdoor dining areas should be located away from
neighboring residential areas and other sensitive uses.
Service. Utility Infrastructure, and Refuse Area:
• The clustering of service and refuse areas is encouraged where adjacency of
similar uses would allow such areas.
• Service areas and refuse enclosures should be screened from public view
and screened from adjacent sites.
• Identify the location of utility infrastructure facilities early in the design
process. When possible, locate utility cabinets, switching cabinets,
transformers, cable boxes, communications infrastructure, backflow
preventors, irrigation control boxes and other similar above ground utilities in
locations that do not conflict with featured views, outdoor dining areas and
circulation patterns. Utility cabinets should not be located within parking lot
landscape islands or in highly visible locations within the right-of-way. Utilities
should be screened to the extent allowable by operation requirements.
Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall
accommodate a logical and safe vehicular and pedestrian circulation pattern that
minimizes conflicts. Links for pedestrians should be direct and avoid circuitous
routes that are not easily understood.
Drive Through Windows and Associated Equipment and Stacking Lanes:
• Drive-through windows, menu boards and associated stacking lanes should
be carefully located to minimize the impacts on neighboring residential areas
and should be adequately screened from the street, from public view, and
from the view of adjacent sites.
• Drive-through elements should be architecturally integrated into the building,
rather than appearing to be applied or "stuck on" to the building.
• Drive-through window circulation shall provide a minimum stacking distance
of 100 feet to provide adequate length of stacking that does not interfere with
the movement of traffic or pedestrians on or off-site.
Ordinance No. 2010-01 PZ (PD27) 4
• A facility with a separate ordering point and pick-up window shall provide
stacking space for at least three (3) vehicles in advance of each ordering
point and stacking space for at least two (2) vehicles between each ordering
point and pick-up window.
• Entrances to drive-up lanes shall be at least 50 feet from driveways entering a
public street.
• The minimum width of each drive-through lane shall be 12 feet. The entrance
to the lane and the direction of traffic flow shall be clearly designated by
signs, or pavement marking, or raised curbs.
• When residential adjacency exists, drive-through windows are not permitted.
Architecture
Each building will be evaluated with regard to the guidelines below to achieve a
final building of good proportion and scale.
• Buildings that derive their image predominantly from applied treatments that
express corporate identity are discouraged. A building should conform to the
Village Center Architectural and Site Design Standards first.
• Awnings may be used on street level windows and doors and should be
functional and provide maximum shade to the window area. Awnings are to
be made of predominately natural or natural-appearing fabric or canopies.
Awnings should not be internally lit. The bottom of an awning must be placed
below the top of the window, but above the door.
• If a tract is divided into pad sites that will support more than one restaurant,
the restaurants should share similar design characteristics and design
vocabulary. Precise replication is not necessary or desirable, but
consideration should be given to similar color, material, and texture found
within the architecture of the buildings.
• Shading for outdoor dining should be architecturally integrated with the main
structure.
Landscape Design
The landscape design of the site should contribute to the overall appearance and
function of the site and streetscape.
• Landscape should blend with the dominant existing or planned streetscape
and character of the area.
• Landscaping should be provided at the base of buildings to anchor them to
the surrounding environment and soften the structure. I n-ground landscaping
should comprise the majority of the landscaping requirement and be
maximized to provide shade and to reduce heat build-up and glare. Raised
planters are acceptable when designed to accentuate the architecture and/or
create pedestrian seating areas.
• Landscaping should be placed to maximize screening from neighboring
residential areas.
• Dense landscaping and architectural treatments should be used in
combination to screen unattractive views and features such as storage areas,
trash enclosures, utility cabinets, and other similar elements.
Ordinance No. 2010-01 PZ (PD2?) 5
• The use of mature trees is encouraged to provide an immediate impact
especially when used in buffering adjacent uses.
• Proper maintenance and timely replacement of plant material is expected and
required by ordinance.
Lighting
Site lighting and architectural lighting of restaurants should provide the user with
illumination levels appropriate for the designed activity (Le., parking, walking,
outdoor dining). Illumination levels should also be reasonably uniform throughout
the site and absent of glare.
• A lighting design and plan is required. The lighting plan must include, but is
not limited to: type of lighting equipment, lamp source and wattage, fixture
locations, mounting height, shielding, mounting details, photometric data
including point-by-point horizontal illuminance at ground level. All illumination
of the site, including architectural lighting, should be taken into account in the
lighting plan.
o Avoid competing light levels and maintain balanced light levels on-site and
between adjacent properties. The exterior lighting design must take into
account the background lighting levels, lighting from other sources, and
characteristics of the surrounding area.
SignageiCorporate Identification
Restaurant signage plans should reflect a balance between providing adequate
signage for business identification while protecting the visual aesthetics of
Trophy Club's streetscapes.
• Treatments used to achieve business identity such as awnings, paint, or
signage should be used judiciously and should not be the dominant
architectural feature.
• All signage should be architecturally integrated with their surroundings in
terms of size, shape, color, texture, and lighting so as to not visually compete
with the architectural of the building and site. Signs should be integrated
such that they become a natural part of the building fagade.
• When multiple restaurants share one site, signs should be integrated as one
unit to create shared identity for the property to the extent permitted by the
ordinance or be located and/or designed as a package.
o Building design should anticipate signage, providing logical sign areas and
allowing flexibility for new users (if applicable).
• Repetitious signage information on the same building fagade should be
avoided.
o Signs composed of individual letters are encouraged. Back lit or indirectly lit
individual letters are generally desirable. Visible raceways and transformers
for individual letters are discouraged.
Ordinance No. 2010-01 PZ (PD27) 6
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations
contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances and regulations of the Town.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the PO No. 27 and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town
of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be govemed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase,
clause or word in this Ordinance or application thereof to any person or
circumstance is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares that it would have passed
such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provIsion of this
Ordinance, and any person violating or failing to comply with any provision 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.
Ordinance No. 2010-01 PZ (PD27) 7
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish, the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption
and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 1 st day of February, 2010.
Mayor, Connie White
Town of Trophy Club, Texas
ATIEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attomey
Town of Trophy Club, Texas
Ordinance No. 2010-01 PZ (PD27) 8