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Agenda Packet P&Z 02/05/2015Trophy Club Entities TOWN OF Meeting Agenda TROPHY CLUB Thursday, February 5, 2015 Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM PUBLIC HEARING 2015-0046-T Public hearing regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Attachments: PZ 020515 - Staff Report .pdf Article IV - Sign Regulations - Redline NOTES AFTER TC 011315 MEETING - 2. 2015-0054-T Public hearing regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Attachments: Staff Report - PZ 020515 Section 5.09 (B) 3 - Site Plan Reguirements.pdf REGULAR SESSION 4. 2015-0093-T Discussion and recommendation regarding a request for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Attachments: PZ 020515 - Staff Report TUP Community Garage Sale .pdf Application.pdf 3. 2015-0042-T Discussion and recommendation regarding a request for a Preliminary Plat for Hillside Pointe, Block A, Lots 1-33, CA1, CA2, and Block B, Lot 1; being a replat of Lot 4, Block B, Trophy Wood Business Center, containing approximately 5.596 acres of land, located in the Town of Trophy Club, Tarrant County, Texas, and being located in Planned Development No. 33. Attachments: Staff Report - PZ - 020515 - Preliminary Plat Hillside Pointe.pdf PD 33 - Hillside Pointe.pdf 5. 2015-0094-T Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Planning and Zoning Commission Page 1 of 73 Meeting Date: February 5, 2015 Planning & Zoning Commission Meeting Agenda February 5, 2015 6. 2015-0095-T Discussion and recommendation regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. 7. 2015-0101-T Future Agenda Items and questions or discussion of current and future items. 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 January 30, 2015 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Matt Jones Senior Planner 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 2015. , Title: Planning and Zoning Commission Page 2 of 73 Meeting Date: February 5, 2015 100 ipal ive Trophy Club Entities Trophy Club,oTexaDsr76262 Legislation Details (With Text) File #: 2015-0046-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 1/16/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Public hearing regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Attachments: PZ 020515 - Staff Report .pdf Article IV -Sign Regulations - Redline NOTES AFTER TC 011315 MEETING - .pdf Date Ver. Action By Action Result Public hearing regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Planning and Zoning Commission Page 3 of 73 Meeting Date: February 5, 2015 T(CTOWN OF '* TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 To: Planning and Zoning Commission From: Matt Jones, Senior Planner CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Amendments to Code of Ordinances Ch. 5, Section 4 - Sign Regulations. P&Z Commission Meeting, Thursday, February 5, 2015 Agenda Item: Public hearing, discussion, and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Explanation: Town Council has tasked the P&Z Commission with reviewing the sign regulations in order to develop more precise, understandable, and user friendly regulations for signage concerning temporary signs, political signs, and real estate signs. Since the Town is approaching an election cycle, the Town Council has requested the P&Z Commission first address political signage in order to try and have the updated regulations in place prior to the beginning of the upcoming election cycle. 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. After the political signage regulations have been reviewed by the P&Z Commission and a recommendation has been forwarded to Town Council, Council has requested that the P&Z Commission review the sign regulations concerning temporary signs and real estate/builder signs in order to provide a recommendation to the Council regarding those types of signs. Attachments: • Sign Ordinance Redlines from January 13, 2015 Town Council Meeting Staff Recommendation: Staff recommends changes to the sign ordinance that will provide clarification and direction to residents, business owners, and Town Staff for policy and enforcement as recommended by the P&Z Commission and approved by Town Council. Planning and Zoning Commission Page 4 of 73 Meeting Date: February 5, 2015 ADD SECTION FOR "INTENTION OR PURPOSE OF REGULATIONS" AND PUT IN WHEREAS CLAUSES Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. ADD DEFINITIONS FOR: SAIL FLAGS, BOW BANNERS, FEATHER FLAGS AND AD WAIVERS.: -- REFERENCE TO OTHER DEFINITIONS AND/OR ADD AT THE END. 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. Formatted: Highlight Formatted: Highlight Planning and Zoning Commission Page 5 of 73 Meeting Date: February 5, 2015 Guardian: 1. A person who, under court order, is the guardian of the person of a minor; or 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 Planning and Zoning Commission Page 6 of 73 Meeting Date: February 5, 2015 programmed to deliver different messages. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. 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 Planning and Zoning Commission Page 7 of 73 Meeting Date: February 5, 2015 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. 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. Planning and Zoning Commission Page 8 of 73 Meeting Date: February 5, 2015 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, 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. Sian Walker: A person or animal, visible from the public Right-of-Way, wearing lights, or wearing a costume. and/or holdina. twirlina. or wearina a sian. for anv purpose. includina without limitation. Planning and Zoning Commission Page 9 of 73 Meeting Date: February 5, 2015 making a statement, soliciting donations or business, or drawing 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. 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 § 11 2-7-05) Planning and Zoning Commission Page 10 of 73 Meeting Date: February 5, 2015 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 Town, the laws of the State of Texas or the federal government. Such revocation shall be Planning and Zoning Commission Page 11 of 73 Meeting Date: February 5, 2015 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 12 of 73 Meeting Date: February 5, 2015 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; b. Detached signs must not exceed two (2) feet in height; and Planning and Zoning Commission Page 13 of 73 Meeting Date: February 5, 2015 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 14 of 73 Meeting Date: February 5, 2015 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 15 of 73 Meeting Date: February 5, 2015 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 n�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 shall be erected or placed in the median_ of ^^Y ^61"'i^ Fight of way != No temporary signs naayshall be placed in the Town's Rfight-of-Wway, 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. beb.ve^n the Purr and impaiFed viGibil Sign Walkers are prohibited in the median and Right -of -Way. 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, rF^ ^'nom' ^^^^ police stations, libraries, or buildings located on property owned, leased, utilized, or controlled by the Town 6IRle66 PFiGF WFitteR PeFM0660GR 06 ^"'^i^ed fFem the T64AHR. 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- or other person or having custody or control Formatted Highlight over the Property, 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. .RATHER THAN REFERENCE 4.05 ADD TEMPORARY SIGN REGULATIONS THAT ARE Formatted Highlight APPLICABLE TO POLITICAL SIGNS — MERGER OF SECTIONS WILL OCCUR AFTER ALL NEW CHANGES ARE DECIDED. Planning and Zoning Commission Page 16 of 73 Meeting Date: February 5, 2015 PUBLIC PROPERTY - blo political .sign on public property, including ROW, without the permission of the Owner of, or other person having custody or control over the Property upon which such sign is placed. COMMERCIAL PROPERTY ONLY — No political sign on commercial property, including ROW. without .written consent from the Owner of, or other person having custody or control over the .commercial ro ert The in the all rovide evidence of written permission to the Town within da sof laci th DMINISTRATIONT TO THE ORDINANCE — STAFF TO CREATE A MAP SHOWING LOCA TI OWED. 2. Number, Size and Placement:`ED 16 SF — REMOVE HEIGHT RESTRICTION Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight A political sign shall not exceed thirty-six (36) square feet in area Formatted: Highlight height, a meaGwred f...FA the ,..,,,,,.Q1 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, § 11, 3-03-08 3. In the event that the number of political signs upon a lot or property exceeds the total number Formatted: Highlight permitted by this Article, the signs in excess of the number permitted shall be deemed to be in violation of this Article. For non -residentially zoned districts, t -The Designated Official shall heuFs following the firne of Ruch notificatmen 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 Planning and Zoning Commission Page 17 of 73 Meeting Date: February 5, 2015 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 property. 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 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 Planning and Zoning Commission Page 18 of 73 Meeting Date: February 5, 2015 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 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, "i"^^^ r.aii Dura ge DFiv . and Trophy Wood Drive, Trophy Park Drive, and Bobcat Boulevard. 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. Formatted: Highlight Formatted Table Planning and Zoning Commission Page 19 of 73 Meeting Date: February 5, 2015 1. Number, Size and Placement 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. Rfem;atieRa' and Directional Signs Infem;atieRal ^^d"^r Directional Formatted Highlight 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 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 T.a; gur e n.;v Trophy Park 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(8)(2), 3-05-07) (Amended Ord. No. 2008-11, § II, Amended Section 4.05(8)(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 20 of 73 Meeting Date: February 5, 2015 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 (Y). 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 21 of 73 Meeting Date: February 5, 2015 Sign Type Number Size & Height Duration Zoning District A-Frame/Sandwich Prohibited Board Apartment 1 per entry 50 sq ft/ Life of Residential Permit Awning Prohibited Bandit Prohibited Banner 1 per premise or lease 36 sq ft. N/A 30 days Non - space no more than 2 Residential times annual) Billboard Along property which To be determined by the Town Council Non - abuts State Highway 114 upon recommendation ofthe Planning Residential & Zoning Commission Builder/Contractor 2 per premise 6 sq ft 4 ft Removed All Districts upon sale, lease, rental Bulletin Board To be determined by the Town Council upon recommendation of Residential the Planning & Zoning Commission Canopy 25 sq ft or 10% ofthe face of the canopy of which it Life of Non - is a part of or to which it is attached, whichever is Structure Residential greater Contractor Service No limit provided total 6 sq ft 4 ft Removed All Districts combined sq footage upon sale does not exceed 6 sq ft Construction 1 per project/premise 32 sq ft 5 ft Completion All Districts of project CEVMS 1 per premise with 50 sq. 4 ft. Life of All approval of the Town ft. Permit Districts Council upon recommendation ofthe Planning and Zoning Commission; Not allowed on Billboards Development 1 per project/premise 32 sq ft 5 ft 90% of all All Districts lotsthouses sold Directional 6 sq ft 3 ft Life of All Districts Permit Directional 3 off -premise for each 6 sq ft 4 ft Between All Districts Temporary Real lot/premise hours of Estate noon Friday -noon Monday Directory 1 per premise To be determined by the Town Council Non - upon recommendation ofthe Planning Residential & Zoning Commission Electronic Message 1 per premise with 50 sq. ft, 4 ft Life of Permit All Districts Boards approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Fence Prohibited Flashing Prohibited Government No limit No limit I No limit No limit All Districts Planning and Zoning Commission Page 22 of 73 Meeting Date: February 5, 2015 Sign Type Number Size & Duration Zoning Sign Height District Type Ground 1 per entry/premise 16 sq ft 4 ft Life of All Districts Permit Illuminated 1 per premise 50 sq ft Life of Non - Permit Residential Inflatable 1 per premise To be determined by the Town Council All Districts upon recommendation ofthe Planning & Zoning Commission Institutional 1 per entry/premise 50 sq ft 4 ft Life of Non - Permit Residential Model Home 1 per Model Home 16 sq ft 4 ft Removed Residential upon sale, Districts lease, rental Monument 1 per entry/premise 50 sq ft loft Life of All Districts Permit Nameplate 1 per lease space 2 sq ft 1 ft Life of Non - Permit Residential Off -Premise Prohibited Political 36 sq ft 1 8 ft 60 days All Districts Portable Restricted Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of All Districts structure Real Estate I Restricted Rider Restricted Roof Prohibited Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days All Districts prior/24 hr following Temporary Pole 1 per remise/lot 32 s ft 5 ft 6 months All Districts Wall 1 per lease space 40 sq ft or the Life of Non - product of 2 times Permit Residential 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 Window No limit provided total combined sq footage does Life of No notexceed 25% of the visible window area Permit Residential available in the absence of any signs (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 23 of 73 Meeting Date: February 5, 2015 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(8) — 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 24 of 73 Meeting Date: February 5, 2015 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 25 of 73 Meeting Date: February 5, 2015 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 26 of 73 Meeting Date: February 5, 2015 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 27 of 73 Meeting Date: February 5, 2015 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). 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 28 of 73 Meeting Date: February 5, 2015 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 29 of 73 Meeting Date: February 5, 2015 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 30 of 73 Meeting Date: February 5, 2015 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 31 of 73 Meeting Date: February 5, 2015 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 32 of 73 Meeting Date: February 5, 2015 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 33 of 73 Meeting Date: February 5, 2015 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 34 of 73 Meeting Date: February 5, 2015 ipal ive Trophy Club Entities Trophhyy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0054-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 1/18/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Public hearing regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Attachments: Staff Report - PZ 020515 Section 5.09 (B) 3 - Site Plan Reguirements.odf Date Ver. Action By Action Result Public hearing regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Planning and Zoning Commission Page 35 of 73 Meeting Date: February 5, 2015 T(cTOWN OF l* TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 To: Planning and Zoning Commission From: Matt Jones, Senior Planner CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Site Plan Requirements— Section 5.09 (B) 3 P&Z Commission Meeting, Thursday, February 5, 2015 Agenda Item: Discussion and recommendation regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Explanation: Currently there is a regulation in the Town of Trophy Club's Code of Ordinances that allows the administrative approval of changes to an approved site plan if it meets certain criteria by the Town's Planning and Zoning Administrator. The Planning and Zoning Commission requested that this item be placed on a future agenda in order to discuss this regulation. The provision of the ordinance reads as follows: 3. Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the Town's Planning and Zoning Administrator. An aggrieved party may appeal the decision of the Town's designee to the Zoning Board of Adjustment In accordance with the provisions of this Ordinance. Staff Review: Staff has researched a few surrounding municipalities' ordinances concerning the site plan approval process as well as the provision to allow certain administrative actions that allow changes to approved site plans. The staff findings are listed below: Colleyville D. Site Plan Approval Required — Where the property is zoned CPO, CN, CC, ML, SU, PUD -C, or PUD -I, a site plan shall be submitted for review and approval to the Administrative Official prior to the issuance of a building permit. QnannkP• Revisions to the Approved Site Plan. (1) Minor revisions/amendment. It is recognized that final architectural and engineering design may necessitate minor changes in an approved site plan. In such cases, the City Manage, or his/her Planning and Zoning Commission Page 36 of 73 Meeting Date: February 5, 2015 designee shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan" which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager or his/her designee refuses to approve an amended site plan, then the applicant shall re -submit the amended site plan as a "revised site plan" as described in Subsection (2) below, whereupon the revised site plan shall be scheduled for consideration by the Planning and Zoning Commission and City Council. Keller D. Approval Process For Site Plans 1. Modified Site Plans for existing buildings or Site Plans for parking improvements may be approved by the Development Review Committee if it meets all applicable requirements. The DRC's decision may be appealed to the Planning and Zoning Commission and City Council. 2. Site Plans within the Town Center (TC) Zoning District shall be approved by City Council after a recommendation from the Planning and Zoning Commission. All other site plans shall be approved by the Director of Community Development and the City Manager or his/her designee if it meets all applicable requirements of this Ordinance for development. The City Manager's decision may be appealed to the Planning and Zoning Commission and City Council. (Amended by Ord. No. 1515 on July 20, 2010) 3. If variances are requested, the Site Plan shall be considered by City Council after a recommendation by the Planning and Zoning Commission. Based on the Development Review Committee's review, staff will prepare a report and recommendation for the Planning and Zoning Commission. Staff can recommend approval, conditional approval, or denial based on the requirements of this Ordinance. A copy of this information and an agenda for the Planning and Zoning Commission meeting at which the application will be discussed will be available to the applicant on the Friday prior to that Planning and Zoning Commission meeting. The Site Plan will be placed on a City Council agenda within thirty (30) days following the Planning and Zoning Commission meeting. The applicant shall submit one (1) collated and folded 24" x 36" copy and twelve (12) 11" X 17" reductions of the Site Plan at least ten (10) days prior to the City Council meeting. 4. Prior to the City Council meeting, staff will provide to the applicant a copy of the staff report and recommendations, and the City Council agenda. The City Council can approve, approve with conditions, or deny a Site Plan. After the City Council approves a Site Plan, if final architectural or engineering design necessitates minor changes in the approved Site Plan, the changes may be approved by the Director of Community Development, provided that they do not materially alter traffic circulation, building location, or any conditions attached to the City Council's approval of the Site Plan. Planning and Zoning Commission Page 37 of 73 Meeting Date: February 5, 2015 Southlake 40.6 ADMINISTRATIVE ACTION - On approval of the development plan or site plan by the City Council, or the Administrative Staff, as appropriate, all necessary permits or certificates authorized thereby may be issued. a. Subsequent to such approval, minor changes may be authorized by the Administrative Official when such minor changes will not cause any of the following circumstances to occur: 1. A change in the character of the development; 2. An increase in the ratio of the gross floor areas in structures to the area of any lot; 3. An increase in the intensity of use; 4. A reduction in the originally approved separations between buildings; 5. An increase in the problems of circulation, safety, and utilities; 6. An increase in the external effects on adjacent property; 7. A reduction in the originally approved setbacks from property lines; 8. An increase in ground coverage by structures; 9. A reduction in the ratio of off-street parking and loading space to gross floor area in the structures. 10. A change in the subject, size, lighting, flashing animation or orientation of originally approved signs. b. Any proposed amendment to a development plan or site plan, previously approved by the Planning and Zoning Commission and the City Council, which in the opinion of the Administrative Official does not meet the criteria of sub -paragraph 40.6a above may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. Recommendation: Staff recommends that the provision in Section 5.09 (B) 3 should still remain in the regulations for site plan requirements. Staff believes there are certain minor changes to site plans that can be approved administratively without requiring the applicant to take the plan back before the Planning and Zoning Commission and the Town Council. Staff recognizes that there can be some language added to this section that will provide a more clear set of guidelines or triggers when the Planning and Zoning Administrator is considering such changes as requested by an applicant. Planning and Zoning Commission Page 38 of 73 Meeting Date: February 5, 2015 100 Drive Trophy Club Entities Trophy Club,oTexas 76262 Legislation Details (With Text) File #: 2015-0093-T Version: 2 Name: Type: Agenda Item Status: Regular Session File created: 1/30/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Discussion and recommendation regarding a request for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Attachments: PZ 020515 - Staff Report TUP Community Garage Sale .Pdf Application.pdf Date Ver. Action By Action Result Discussion and recommendation regarding a request for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Planning and Zoning Commission Page 39 of 73 Meeting Date: February 5, 2015 T(CTOWN OF I* TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 To: Planning and Zoning Commission From: Matt Jones, Senior Planner CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Temporary Use Permit — Community Garage Sale P&Z Commission Meeting, Thursday, February 5, 2015 Agenda Item: Discussion and recommendation regarding a request for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Explanation: The applicant, Trophy Club Women's Club, is requesting permission to hold two community- wide garage sales events in Trophy Club in calendar year 2015. The Women's Club submitted a "Temporary Use Application" and was given to the Community Development Department for placement on a P&Z and Council agenda for consideration of a "Special Privilege" request. The Town of Trophy Club Code of Ordinances provides the following requirements for community garage sales by a Temporary Use Permit: Chapter 13 -Zoning, Section 5.01 -Temporary Uses E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after recommendation by the Planning and Zoning commission, a community garage sale shall be permitted by Special Privilege to civic organizations or non-profit organizations. Such events shall not occur more than twice annually, and each event shall be one day in duration. Approval of said Special Privilege shall be condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the Town Department of Public Safety. The Spring garage sales event will be held on Saturday, April 11, 2015 and the Fall garage sales event will occur on Saturday, October 10, 2015. No alternate rain dates have been planned or requested. The Trophy Club Women's Club is requesting that the event be allowed from 7:00 a.m. to 2:00 p.m. for the above mentioned dates. 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 and the Police Chief's signature of approval was obtained on the application. Planning and Zoning Commission Page 40 of 73 Meeting Date: February 5, 2015 Attachments: • TUP Application Staff Recommendation: Staff recommends approval as requested, with any operational conditions of approval as recommended by the Planning and Zoning Commission and approved by the Town Council. Staff would also request that an exhibit be provided showing they number, types, and locations of any proposed signs for the event. Special Event Committee Recommendation: The Special Events Committee will meet with the applicant on Tuesday, February 3, 2015. P&Z Commission Recommendation: The Planning and Zoning Commission will consider this request at their February 5, 2015 regularly scheduled meeting. Planning and Zoning Commission Page 41 of 73 Meeting Date: February 5, 2015 TC* TOWN OF TROPHY CLUB TOWN OF 100 MUNCIPAL DRIVE lz:*7� TROPHY CLUB TROPHY CLUB, TEXAS 76262 TOWN OF OFC: 682/831-4680 FAX: 817/490-0705 TROPHY CLUB TEMPORARY -USE APPLICATION NAME: Carol Beardmore DATE: January 20, 2015 COMPANY NAME: Trophy Club Women's Club COMPANY ADDRESS: PHONE: 682-502-4616 MOBILE: 704-617-1520 DESCRIPTION OF TEMPORARY USE REQUEST: Community wide semi-annual garage sale. The spring sale will be held April 11, 2015 and the fall sale will be held October 10, 2015. Each event shall take place rain or shine. No alternate rain date is piannea or requestea. ADDRESS OF REQUEST: All residential areas of Town are eligible to participate in the community wide semi-annual garage sale events. April 11, 2015 7 a.m. to 2. DATE DATE & TIME WORK TO BE PERFORMED: October 10, 2015 7 a.m. to 2 p.m. SECTION: ZONING DISTRICT: a A SITE PLAN MUST BE SUBMITTED WITH THIS APPLICATION SHOWING LOCATION OF TEMPORARY USE IF APPLICABLE. $ 25.00 PERMIT FEE OFFICE USE ONLY CHECK# CASH TCPD- Patrick Arata, Chief of Police i )gt&g and ZonijV 5&,6n Page 42 of 73 JAIL 2 0 2015 Meeting Date: February 5, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0042-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/12/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Discussion and recommendation regarding a request for a Preliminary Plat for Hillside Pointe, Block A, Lots 1-33, CA1, CA2, and Block B, Lot 1; being a replat of Lot 4, Block B, Trophy Wood Business Center, containing approximately 5.596 acres of land, located in the Town of Trophy Club, Tarrant County, Texas, and being located in Planned Development No. 33. Attachments: Staff Report - PZ - 020515 - Preliminary Plat Hillside Pointe.pdf PD 33 - Hillside Pointe.pdf Date Ver. Action By Action Result Discussion and recommendation regarding a request for a Preliminary Plat for Hillside Pointe, Block A, Lots 1- 33, CA1, CA2, and Block B, Lot 1; being a replat of Lot 4, Block B, Trophy Wood Business Center, containing approximately 5.596 acres of land, located in the Town of Trophy Club, Tarrant County, Texas, and being located in Planned Development No. 33. Planning and Zoning Commission Page 43 of 73 Meeting Date: February 5, 2015 T(cLTOWN OF *: TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission February 5, 2015 PP -14-027- Hillside Pointe SUBJECT: Discussion and recommendation regarding a request for a Preliminary Plat for Hillside Pointe, Block A, Lots 1-33, CAI, CA2, and Block B, Lot 1; being a replat of Lot 4, Block B, Trophy Wood Business Center, containing approximately 5.596 acres of land, located in the Town of Trophy Club, Tarrant County, Texas, and being located in Planned Development No. 33. REQUEST: The applicant J. Volk Consulting, on behalf of Manna Land, LLC., is requesting approval of a Preliminary Plat for Hillside Pointe, Block A, Lots 1-33, CAI, CA2, and Block B, Lot 1. LOCATION: The subject property is located on the west side of Trophy Wood Dr., north of Plaza Dr., and south of Hanna Ct. ZONING: The subject property is zoned Planned Development No. 33 (PD -33), which was approved by the Town Council on August 19, 2013. The zoning allows for single family residential and associated uses. Prior to being rezoned to PD -33, the property was zoned PD -26 and allowed for Medical General Hospital uses. CURRENT CONDITIONS: The subject property is currently undeveloped and is heavily covered with trees. The adjacent properties have PD -25 — Commercial to the south and west, PD -14 — Single Family Residential to the north, and the Town of Trophy Club/City of Southlake border to the east along T.W. King Rd. COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as commercial/professional. This request will provide an additional transitional zone of medium density residential to create a land use buffer from the higher intensity land uses along HWY 114 and the low density single family zoning to the north of the subject property. Planning and Zoning Commission Page 44 of 73 Meeting Date: February 5, 2015 THOROUGHFARE PLAN: The proposed request appears to be compatible with the Town's Thoroughfare Plan. No changes are proposed to the existing street layout and all proposed streets in the subdivision will be privately owned and maintained. STAFF REVIEW: The preliminary and final plats were reviewed in accordance with the approved subdivision regulations as well as the approved development standards set forth in PD - 33. The development standards of PD -33 require that all lots be a minimum of 3,600 sf, be a minimum of 40' in width at the front building line, and have a minimum depth of 90'. The applicant is proposing 33 single family residential lots and 2 open space lots. The proposed lots appear meet the minimum requirements as required by the development standards of PD -33. The developer will be required to submit a tree survey and tree mitigation/protection plan when they submit application for a final plat. Parkland dedication will also be addressed at the time of the final plat. STAFF RECOMMENDATION: The preliminary plat has been reviewed for compliance with the Town's Subdivision Ordinance, as well as the Development Standards for PD -33. Staff recommends approval with the following conditions: • Staff recommends removing the B.L. Labels on the plat within dedicated easements. This could cause unnecessary conflicts of information on the plat. Staff recommends adding a note that states no buildings or structures are allowed in a dedicated easement. • Change the label on the cover sheet to reflect the following: Replace "Town Manager: Mike Slye" to "Acting Town Manager: Stephen Seidel". P&Z RECOMMENDATION: The Planning and Zoning Commission voted to table this request at their January 15, 2015 meeting. The Commission requested correcting calls in the legal description, adding building line labels on all lots, providing a 5' wall maintenance easement on the south property line, and providing clarification and more detail on the drainage coming onto the development from the properties to the north. Attachments: Exhibit "A" - Application Exhibit "B" - Preliminary Plat Exhibit "C" - Approved Concept Plan Exhibit "D" - Town Engineer Letter PD -33 Development Standards Planning and Zoning Commission Page 45 of 73 Meeting Date: February 5, 2015 Exhibit "A" PLATTING APPLICATION P Z 100 Municipal Drive Trophy Club, TX 76262 Department of Planning & Zoning Town of Trophy Club 652.831.4681 Case No. I Bb _ i U. Aq-T Platting: Preliminary [�j Final ❑ Construction Short Form Pe lat ❑ Amendin ❑ Properly Development Information Present ZoningNov 21 2014 Legal Descril2tion of Property B Yf ----- -, Platted Property - Lot(s)/Block: L-mr � '8 Subdivision: `Tr -f C-vvJ Phase: If Replat, List new Lot/Block designation: Explain why a replat is necessary: *Un -plaited Property - Survey Name: A- V property is not platted, attach metes and bounds description. Acres: Owner Information Representative/Agent Information {ir Ih is reore Than one owner. please attach a separate Letter wllh l is Intorrnation and Vgnoturel Check here if the property owner is represented by an Firm Name: VelkcMsu�irta authorized agent e,} Name: 1"{Cu41 Name: Address: b7O0 64s�- &M ball sui4e 170 — Address: City: $�IrdsvM City: _ State: 'rx Zip Code: 754 State: Zip Code: Phone No. 47Z- df- 3l o f Phone No. Fax No. q 7Z - t - 3 a q Fax No. Email: A AR p 3'Vei Email: Special Note INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED epres ave gens igne ure Omer s Signature ae tllzpl,y fle Planning and Zoning Commission Page 46 of 73 Meeting Date: February 5, 2015 Exhibit "B" I I I I I _L - - I ...�...�.,...,�.. I it I I I I Planning and Zoning Commission Page 47 of 73 Meeting Date: February 5, 2015 c40i.Jm5x zw� a �. w��s g3F t3 Planning and Zoning Commission Page 47 of 73 Meeting Date: February 5, 2015 Exhibit "C" Planning and Zoning Commission Page 48 of 73 Meeting Date: February 5, 2015 Exhibit "D" Planning and Zoning Commission Page 49 of 73 Meeting Date: February 5, 2015 tnp league nail & parkins --w•1 mar• wrwy«s w�wxeP. wa�roas PLAN REVIEW To: Town of Trophy Club From; Tom Rutledge & Philip C. Varughese, P. E. Date: January 8, 2015 RE: Hillside Pointe - Preliminary Plat, Final Review Plan comments have been addressed. The preliminary plat is ready to proceed to P&Z and Council. Fart Werth -1100 M— Stow Fan Wwk To -76102-817.336.5773 �• Della --17304 h.m Reod SA. 1340 -Dellen, 1.xe MS2-214.461.9867 0tnlon-1517C Pt— �,S .370- Oo.vn,, Tax. 76205-910.3$3,6177 � Shern 200 North TF.A, Sirnei,5.1.500- S6..X.4 To., 75090-903.$70.1084 6pyhro d by Zhu Taxan Board of Pr fi-h l F .qi—M No. F.230 - Fo91—d b7 dm T..., Boyd aF P -1i.* iol t—y.r, N. 10011640 Planning and Zoning Commission Page 49 of 73 Meeting Date: February 5, 2015 OTZ y • i WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, the owner of the tract of land (the "Land"), collectively described as a 5.596 acre tract of land currently zoned Planned Development No. 26 "PD -26", such Land being more specifically described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Community Development Department requesting a change in zoning of the Land into PD Planned Development No. 33 "PD - 33". Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and Planning and Zoning Commission Page 50 of 73 Meeting Date: February 5, 2015 WHEREAS, upon performing the survey of the boundaries of the existing PD -26, a 5.601 acre tract of land, for the purpose of providing a legal description for this application to rezone PD -26 to PD -33, it was determined that PD -26 is actually a 5.596 acre tract of land; and WHEREAS, this rezoning request to create PD -33 is a request to rezone the entire boundaries of PD -26; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and 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 denial of the amendments to Comprehensive Zoning Ordinance No. 2000-06 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, among other things, 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 rezoning approved hereby accomplishes such objectives; and WHEREAS, the proposed change is consistent with the intent of the Comprehensive Land Use Plan which addresses the appropriateness of the location of high density residential uses near the periphery of neighborhoods and on collector streets; and WHEREAS, the Town Council has determined that the change in zoning from PD -26 to PD -33 is necessary and appropriate for the orderly development of land and serves the interests of the public health safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTIOM 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. • 0 a .r 1 ki [CRIS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public Planning and Zoning Commission Page 51 of 73 Meeting Date: February 5, 2015 hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from "PD -26" Planned Development No. 26, Trophy Club Physician's Hospital, to PD Planned Development District No. 33 for single family residential, consisting of approximately 5.596 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "A", "B", and "C", which are attached hereto and incorporated herein for all purposes. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this ordinance, the Exhibits shall control. 1 Concept Plan. A concept plan for the Land, and all parts thereof, is attached hereto as Exhibit "B", "Concept Plan" and incorporated herein as if copied in its entirety. Such Concept Plan shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and compliance with each and every part of such plan shall constitute a condition precedent to the issuance of any building permit for the land in this PD Planned Development District. 2. Development Standards. The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a purpose, development standards, uses; area and building regulations; parking regulations; building materials, construction regulation; driveways and walkways; special paving; fences, walls, retaining walls, guard gates; landscaping; utilities; signs; mailboxes and address plaques; exterior lighting; common areas; property owners association guidelines; and preliminary and final plat review. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Final Inspection for all structures within PD Planned Development No. 33. Planning and Zoning Commission Page 52 of 73 Meeting Date: February 5, 2015 3. Additional Exhibits. Attached hereto and incorporated herein is Exhibit "U", "Building Pad Layout", Exhibit "E" "Entry Monument, Screening and Landscaping Plan", and Exhibit "F" "Streetscape Concept" which shall be adhered to in the development of the Land. Such standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Final Inspection for all structures within PD Planned Development No. 33. SECTION 4. WIN &P -P -LJ -Ga BLE-%S2JAAM 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. 1111PUL" •'. �U* "llincilivi The Official Zoning Map of the Town shall be amended to reflect the zoning change herein made. SECTION 6. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. If any section, article, paragraph, sentence, clause, phrase 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 Planning and Zoning Commission Page 53 of 73 Meeting Date: February 5, 2015 declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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. 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 11. 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's Home Rule Charter. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19TH day of AUGUST, 2013. ATTI=-(ZT- U Connie ay6r White Town of Trophy Club, Texas [SEAL] C V -T �F'0" Planning and Zoning Commission Page 54 of 73 Meeting Date: February 5, 2015 Patricia A. Adams Town Attorney Planning and Zoning Commission Page 55 of 73 Meeting Date: February 5, 2015 I Wy I 1 -11111 M-1 **CIT-141111111:1*910112061T TRACT 1 (Fee Simple) BEING Lot 4, Block B of Trophy Wood Business Center, an Addition to the City of Trophy Club, Denton and Tarrant Counties, Texas according to the plat thereof recorded in Cabinet V, Page 295, Plat Records of Denton County, Texas, said addition now located entirely within Tarrant County, Texas as evidenced by Judgment recorded in cc# D205189519, Real Property Records of Tarrant County, Texas and Filed Notes recorded in cc#D205189520, Real Property Records of Tarrant County, Texas. Said Judgment and Field Notes also recorded in Denton County, Texas, respectively, in cc# 2005-80232 and cc# 2005-80233, Real Property Records of Denton County, Texas. Said Lot 4 being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap found for the southwest corner of said Lot 4 and being located in the southeast line of Trophy Wood Drive (80' wide) and being the located in a curve to the left having a radius of 890.00 feet and a chord bearing of North 22041'34" East; THENCE along said southeast line with said curve to the left through a central angle of 07044'01" for an arc length of 120.13 feet to an 'Y' in concrete found for corner; THENCE continuing with said southeast line, NORTH 18049'33" EAST a distance of 178.41 feet to an 'Y' in concrete found for the beginning of a curve to the right having a radius of 460.00 feet and a chord bearing of North 21051'34" East; THENCE continuing with said southeast line and said curve to the right through a central angle of 06*04'02" for an arc length of 48.71 feet to an 'Y' in concrete found for corner; THENCE continuing with said southeast line, NORTH 24053'35" EAST a distance of 23.20 feet to an 'Y' in concrete found for the northwest corner of said Lot 4 and being the beginning of a non -tangent curve to the left having a radius of 1,010.00 feet and a chord bearing of South 70001'12" East; THENCE departing the southeast line of said Trophy Wood Drive with the north line of said Lot 4 and said nontangent curve to the left through a central angle of 41 "19'23" for an arc length of 728.44 feet to an iron rod with cap found for the northeast corner of said Lot 4 and being located in the west line of East T.W. King Road (variable width); THENCE along said west line, SOUTH 00'17'02" WEST a distance of 186.11 feet to a 5/8 inch iron rod set for the northeast corner of Lot 5 of said Trophy Wood Business Center Addition; Planning and Zoning Commission Page 56 of 73 Meeting Date: February 5, 2015 THENCE departing the west line of said East T.W. King Road, NORTH 89'42'58" WEST a distance of 136.00 feet to an iron rod with cap found for the northwest corner of said Lot 5; THENCE SOUTH 00024'51" WEST a distance of 98.00 feet to an iron rod with cap found for the southwest corner of said Lot 5 and being the southerly southeast corner of said Lot 4; THENCE along the south line of said Lot 4, NORTH 89035'09" WEST a distance of 348.78 feet to an iron rod with cap found for corner; THENCE continuing with said south line, NORTH 60027'51" WEST a distance of 362.31 feet to the POINT OF BEGINNING; CONTAINING 5.596 acres or 243,757 square feet of land more or less all according to that survey prepared by A.J. Bedford Group, Inc.. TRACT 2: (Non-exclusive Easement Estate) Non-exclusive easements for vehicular and pedestrian ingress and egress contained in Access Easement and Form 5017448-A (2/1/10) Page 5 of 14 T-7: Commitment for Title Insurance (Rev. 2-1-10) Agreement executed by and between Oakmont Enterprises, Inc., and Highway 114 Prospect, Ltd., dated December 6, 2002, filed for record on December 9, 2002 and recorded in Volume 5228, Page 3916, Real Property Records, Denton County, Texas. Planning and Zoning Commission Page 57 of 73 Meeting Date: February 5, 2015 a� Q 03 x x x x x l I ma w i i C � � uOS _ ry m W N¢ o da` o CIL— +� ' I nl � 8- W e U a � •N U cu CD 4D +` m 3 v t V Y O m 3 V C_ m _ _ m - / m O o _ qo-Al m m c' N N N cu Q = zo Planning and Zoning Commission Page 58 of 73 Meeting Date: Februar FXHIRIT r DEVELOPMENT STANDARDS HILLSIDE POINTE The development of the Land described in Exhibit "A" consisting of: • a 5.596 acre tract of land, shall be in accordance with the Concept Plan of the development (attached hereto as Exhibit B), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements (provided that any regulation for which this document is silent shall be governed by the zoning ordinance): A . Purpose: development standards: uses. The purpose of this planned development is to offer potential homeowners a private, gated community that provides both an intimate environment for residents as well as housing options offering little to no yard maintenance. Given the high quality of homes being offered, along with the development standards being proposed, this community will have a positive impact on the long term sustainability of the overall area. The goal is that HILLSIDE POINTE be a sustainable community intended to complement the upscale atmosphere already established within the surrounding area and offer the Town of Trophy Club an effective land -use transition between the median and lower density single-family communities to the north and the commercial properties to the south. This Planned Development is designed to accommodate single-family residential uses and development shall be in accordance with the following: 1. Size of tract. Tract 1 shall contain 5.596 acres of land. 2. Permitted uses. In the development of the tract, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (a) Single-family detached dwellings. (b) Private roadways constructed to Town standards and owned and maintained by a homeowner's association. (c) Private common areas owned and maintained by a homeowner's association. (d) Utility distribution lines and facilities. Planning and Zoning Commission Page 59 of 73 Meeting Date: February 5, 2015 3. Limitation of uses. Any use not expressly permitted herein is prohibited. B. Area and building reaulations. The following minimum standards shall be measured from property lines: 1. Minimum lot size. Lots shall have a minimum area of three thousand six hundred (3,600) square feet. 2. Lot width. The width of each lot shall not be less than 40 feet measured at the building line. 3. Depth of lot. The depth of each lot shall not be less than ninety (90) feet, measured at the midpoint of the front of the lot. 4. Minimum open space. All areas not devoted to buildings, walkways, structures or off-street parking shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. 5. Maximum building coverage. The combined area of all main and accessory buildings shall not exceed 55% of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 6. Minimum floor area. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be as follows: Each dwelling containing one (1) story shall contain a minimum of one thousand seven hundred (1,700) square feet; each dwelling containing more than one (1) story shall contain a minimum of one thousand nine hundred (1,900) square feet, of which not less than one thousand four hundred (1,400) square feet shall be covered ground floor area. 7. Depth of front yard, feet. There shall be a front yard having a depth of not less than fifteen (15) feet measured from the dwelling to the property line. 8. Depth of rear yard, feet. There shall be a rear yard having a depth of not less than five (5) feet measured from the dwelling to the rear property line. Lots 5 though 16, as shown on the concept plan, shall have a 10 -ft. rear yard setback. 9. Width of side yard on each side, feet. Each lot shall have an offset building pad (attached hereto as Exhibit "E"), each having a minimum of a seven (7) foot side yard on one side and a three (3) foot side yard on the other side of the lot; provided, however, that the width of a side yard of a lot adjacent to a side street shall be ten (10) feet. Planning and Zoning Commission Page 60 of 73 Meeting Date: February 5, 2015 10. Exclusive side yard use easements. Each lot shall have a residential structure constructed along the three (3) foot side setback from the property line shared by an adjacent lot. To maximize the use, enjoyment, and recreation of each property owner, a three (3) foot "Exclusive Use" easement running parallel to the shared property line for the full depth of each affected lot. The easements shall be recorded on the Plat. Each Owner of the adjacent lots shall have the exclusive right to occupy, plant shrubbery and foliage, maintain, and construct fences provided, however, that same shall not impede or hinder the lot Owner (the easement grantor) for maintenance of the exterior wall of his residential structure which is situated along the shared property line as illustrated on attached Exhibit "E" (Building Pad Layout). 11. Height. No building or structure shall exceed forty (40) feet in height (2 story maximum. C. Parking regulations. A minimum of two off-street parking spaces shall be provided for each dwelling unit. As a part of the above parking requirement, an enclosed garage shall be provided for each dwelling unit, which shall comply with the following: 1. Garage doors shall be a minimum of twenty (20) feet from the property line. 2. All garage doors shall be constructed of wood panel face material with a painted or stained surface that complements the color of the principal structure. 3. Garages shall have enough space for a minimum of two (2) vehicles. Each space shall be a minimum depth of twenty (20) feet. 4. A two (2) foot offset shall be required between the front elevation of the dwelling and the garage. D. Building materials; construction regulation. 1. The exterior surface on all main and accessory buildings shall be constructed of one hundred percent (100%) natural or manufactured stone, brick, or stucco. The exterior surface masonry requirement shall exclude doors, windows, and porches. 2. Roofing material shall consist of either a minimum thirty (30) year warranty composition shingle or Spanish tile. Planning and Zoning Commission Page 61 of 73 Meeting Date: February 5, 2015 3. Each residential structure shall have installed on the outside wall thereof a service riser conduit. No such conduit shall be visible from a public street, common property, or adjoining lot. 4. All exteriors of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operations, all cabinet work, all interior walls, ceilings, and doors shall be covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed no later than one (1) year following the commencement of construction. For the purposes hereof, the term "commencement of construction" shall mean the date on which the foundation forms are set. 5. No projections of any type shall be placed or permitted to remain above the roof of any residential building or structure with the exception of one or more chimneys and one or more vent stacks. 6. Elevations: The single family house plans shall vary from lot to lot as follows: (a) The same floor plan with the same elevation shall be separated by a minimum of three lots between them on the same side of the street and by a minimum of two lots between them on the opposite side of the street with no two elevations located on an adjacent lot directly to the rear. (b) The same floor plan with a different elevation shall be separated by a minimum of one lot on the same side of the street and one lot on the opposite side of the street. E. Driveways and walkways. All driveways and walkways located between principal structures and paved streets shall be constructed of exposed aggregate concrete. F. Special pavina. Those paved areas identified on Exhibit "F" (Entry Monument, Screening, and Landscape Plan) as "Special Paving" shall be constructed of patterned and colored concrete according to the requirements of the Town. G. Fences: walls: retaining walls: guard gates. 1. Retaining walls. Any retaining wall visible from any portion of the common properties within the Land shall be restricted to structurally engineered and designed walls unless less than 3 -ft. in height. 2. Front yard fencing. Fencing will be allowed to extend from the front face Planning and Zoning Commission Page 62 of 73 Meeting Date: February 5, 2015 of the building to the side property lines. All fencing facing street right of way shall be masonry or shall be ornamental iron. 3. Side yard fencing. Fencing between lots shall be of wood material, provided that such wood fence is of treated wood or cedar and shall not exceed 8 -ft. in height. 4. Perimeter walls. The following fences around the perimeter of the Land shall be constructed prior to the approval of final inspection for any building or structure on the Land. Perimeter walls shall be owned and maintained by the HOA: (a) Trophy Wood - All fencing along Trophy Wood Drive shall be six feet (6') in height and shall be constructed of an engineered stone wall. (b) Southern Perimeter Fence - All fencing adjacent to the commercial property to the south shall be eight feet (8') in height and shall be of masonry (brick or stone) material. A five (5) foot wall maintenance easement shall be granted on any lot along the northern side of the perimeter fence for maintenance and repair. (c) T.W. King Fence - All fencing adjacent to T.W. King Road on the east shall be eight (8') in height and shall be constructed of masonry (brick or stone) material. 5. Electronic guard gates (ingress and egress). height of eight feet (8'). Electronic guard gates shall be double-entried Construction shall be metal with a maximum H_ Landscaping. Landscaping shall be in accordance with Exhibit "F" (Entry Monument, Screening, and Landscaping Plan), and the following: Each lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards and all side yards not enclosed by solid fencing. Each lot shall be planted with at least six (6) caliper inches of trees; provided, however, any tree used to satisfy this requirement shall contain at least three (3) caliper inches. Preservation of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a healthy condition. I. Utilities. All utilities shall be underground. Any utility boxes shall be screened with landscaping. J. Signs, Neighborhood identification signs are allowed in locations as shown on Exhibit "D" (Concept Plan). The developer may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the lots Planning and Zoning Commission Page 63 of 73 Meeting Date: February 5, 2015 in accordance with the laws of the Town. Holiday or patriotic flags may be displayed by the Owner. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with the applicable sign standards of the Town. K. Exterior lighting. Pole lamps shall be a maximum of twenty feet (20') in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be is general appearance of the rendering shown on page 2 of Exhibit "D" (Concept Plan). L. Common areas. All common areas, as identified on Exhibit "D" (Concept Plan), shall be constructed and landscaped by the Developer. Common area landscaping and improvements shall be generally constructed in accordance with Exhibit "F" (Entry Monument, Screening & Landscape Plan). Common areas shall be owned and maintained by the Property Owners' Association. M. Property Owners' Association guidelines. A property owners' association shall be established for any area that requires maintenance of private, common elements. The purpose of any Association(s) will be to enhance and protect the value and attractiveness of the commonly owned private property within the Planned Development. Association(s) will not be formed for the purpose of financial gain, but rather for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common. Association(s) will have the power to levy assessments for the construction, maintenance and operation of all common elements of any development. Assessments through any Property Owners' Association will contribute to the cost of maintenance of common area items such as, but not limited to, the following: private roadways, walkways, landscaping, signage, outdoor lighting and private park areas. Where applicable, capital expenditure funds may be assessed and set aside for capital improvements such as private street repair. Every person or entity who is a record owner of a housing unit within any area where a Property Owners' Association is deemed necessary shall become a member of the Association. Homeowners will be responsible for maintenance of their own dwelling unit and the lot upon which that unit is sited. All commonly owned, private open space within any development area will be maintained by a Property Owners' Association. N. Replat review. No building permit shall be issued for the construction of buildings until a Replat has been approved by the Trophy Club Town Council after recommendation by the Planning and Zoning Commission. The replat review shall be in accordance with the approved PD Ordinance. Planning and Zoning Commission Page 64 of 73 Meeting Date: February 5, 2015 STREET RIGHT-OF-WAY BUILDING PAD LAYOUT Planning and Zoning Commission Page 65 of 73 Meeting Date: February 5, 2015 \� .O 2 P"1 i W CL / U / I� I • t N J N2 x o 9 A. U p� N 0 U x 0 o h3 m 0 `�• \� N N U 12 CL a I U � Q Q o c0 E U m c i C C O O \� .O 2 P"1 i W CL / U / I� I • t N J N2 x o 9 A. U p� N 0 ! m 0 `�• \� N U 12 o;0 2R D 0 m� � Q Q -- c0 E U N C C O O N � C U O F- -,0 -,0 N 0 u C C N LL E O u Planning and Zoning Commission Page 66 of 73 Meeting Date: February 5, 2015 Planning and Zoning Commission Page 67 of 73 Meeting Date: February 5, 2015 Planning and Zoning Commission Page it r�I i41 I,4,91 l_______ Planninq a Paqe ebruary 5, 201 Planning and Zoning Commission Meeting Date: February 5, 2015 ipal ive Trophy Club Entities Trophhyy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0094-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/30/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Attachments: Date Ver. Action By Action Result Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Planning and Zoning Commission Page 71 of 73 Meeting Date: February 5, 2015 ipal ive Trophy Club Entities Trophhyy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0095-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/30/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Discussion and recommendation regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Attachments: Date Ver. Action By Action Result Discussion and recommendation regarding amendments to the Town of Trophy Club's Code of Ordinances, amending Chapter 13 -Zoning, Article V -Supplementary District Regulations, Section 5.09 (B) 3 -Site Plan Requirements, concerning authorized administrative approval of changes to a site plan. Planning and Zoning Commission Page 72 of 73 Meeting Date: February 5, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0101-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/30/2015 In control: Planning & Zoning Commission On agenda: 2/5/2015 Final action: Title: Future Agenda Items and questions or discussion of current and future items. Attachments: Date Ver. Action By Action Result Future Agenda Items and questions or discussion of current and future items. Planning and Zoning Commission Page 73 of 73 Meeting Date: February 5, 2015