Agenda Packet ZBA 02/09/2017Zoning Board of Adjustment (ZBA)
Town of Trophy Club
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMThursday, February 9, 2017
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
EXECUTIVE SESSION
1.2017-39-T Pursuant to Texas Government Code, Annotated, Subchapter 551, the Zoning Board of
Adjustment will convene into closed executive session as authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the
governmental body seeks the advice of its attorney about pending or
contemplated litigation and Subsection (2) for consultation with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflict with the Open Meetings Act (551.071(1) and (2)).
(1) Legal procedure for Zoning Board of Adjustment.
REGULAR SESSION
2.2017-37-T Case ZBA-17-001 (Trophy Wood Restaurant)
a. Conduct a Public Hearing regarding a request for a variance to encroach into
the building setback for a property located on the northwest corner of SH 114
and Trophy Wood Drive.
b. Consider and take appropriate action regarding a request for a variance to
encroach into the building setback for a property located on the northwest
corner of SH 114 and Trophy Wood Drive.
Staff Report - ZBA-17-001 - 2.9.17.pdf
Exh A - ZBA Application.pdf
Exh B - Oncor Letter.pdf
Exh C - ZBA Site Layout.pdf
Exh D - PD-25 Dev't Stds..pdf
Exh E - ZBA Decision Tree.pdf
Attachments:
Zoning Board of Adjustment (ZBA)Page 1 of 23 February 9, 2017
February 9, 2017Zoning Board of Adjustment (ZBA)Meeting Agenda
3.2017-38-T Consider and take appropriate action regarding the October 13, 2016 Zoning Board of
Adjustment minutes.
10132016 ZBA Minutes.DRAFT.pdfAttachments:
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
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 February 2, 2017 by 5:00 P.M.
in accordance with Chapter 551, Texas Government Code.
ROBBIE KILLINGSWORTH
Recording Secretary
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
______________________, 2017.
________________________________, Title: ___________________________
Zoning Board of Adjustment (ZBA)Page 2 of 23 February 9, 2017
100 Municipal Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12017-39-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:2/2/2017 Zoning Board of Adjustment (ZBA)
On agenda:Final action:2/9/2017
Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, the Zoning Board of Adjustment
will convene into closed executive session as authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental
body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for
consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body
under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the
Open Meetings Act (551.071(1) and (2)).
(1)Legal procedure for Zoning Board of Adjustment.
Attachments:
Action ByDate Action ResultVer.
Pursuant to Texas Government Code, Annotated, Subchapter 551, the Zoning Board of Adjustment will convene into
closed executive session as authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental body seeks the advice
of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)).
(1) Legal procedure for Zoning Board of Adjustment.
Zoning Board of Adjustment (ZBA)Page 3 of 23 February 9, 2017
100 Municipal Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12017-37-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/26/2017 Zoning Board of Adjustment (ZBA)
On agenda:Final action:1/9/2017
Title:Case ZBA-17-001 (Trophy Wood Restaurant)
a. Conduct a Public Hearing regarding a request for a variance to encroach into the building
setback for a property located on the northwest corner of SH 114 and Trophy Wood Drive.
b. Consider and take appropriate action regarding a request for a variance to encroach into the
building setback for a property located on the northwest corner of SH 114 and Trophy Wood Drive.
Attachments:Staff Report - ZBA-17-001 - 2.9.17.pdf
Exh A - ZBA Application.pdf
Exh B - Oncor Letter.pdf
Exh C - ZBA Site Layout.pdf
Exh D - PD-25 Dev't Stds..pdf
Exh E - ZBA Decision Tree.pdf
Action ByDate Action ResultVer.
Case ZBA-17-001 (Trophy Wood Restaurant)
a. Conduct a Public Hearing regarding a request for a variance to encroach into the building setback for a property
located on the northwest corner of SH 114 and Trophy Wood Drive.
b. Consider and take appropriate action regarding a request for a variance to encroach into the building setback for
a property located on the northwest corner of SH 114 and Trophy Wood Drive.
Zoning Board of Adjustment (ZBA)Page 4 of 23 February 9, 2017
Page 1 of 2
STAFF REPORT
Zoning Board of Adjustment
February 9, 2017
ZBA-17-001: Variance – Trophy Wood Restaurant
SUBJECT:
Conduct a public hearing, consider, and take appropriate action regarding a
request for a variance to encroach into the building setback for a property located
on the northwest corner of SH 114 and Trophy Wood Drive.
REQUEST:
The applicant, Pacheco Koch, is requesting approval of a 15-foot variance to the 30-foot
front building setback along Trophy Wood Drive, as required by the attached
Development Standards of Planned Development No. 25.
CURRENT CONDITIONS:
The subject property is approximately 1.83 acres in size and is dissected by a 35-foot
wide utility easement that runs diagonally across the vacant property, as shown on the
attached site layout. The site is located west of Bread Winners Café and Bakery, south of
Hampton Inn, east of vacant commercial land, and north of SH 114.
STAFF SUMMARY:
The restaurant proposed to be built is a very large concept that caters to various desires of
residents. The portion of the building proposed to encroach upon the existing building
line contains a smaller, denser use, thus, reducing its size may greatly impact that portion
of the business’s sustainability and vitality. The variance request is only for the building
setback on Trophy Wood Drive; 15-feet into the required 30-foot setback from the
property line. Trophy Wood Drive’s 15-foot landscape setback will remain untouched.
The rear building setback and side building setback of 10-feet and the 30-foot building
setback along SH 114 all have compliance. The unusual building footprint is due to the
35-foot utility easement that runs directly in front of the proposed building. This
easement is controlled by Oncor Electric Delivery Company and there are known utility
lines below ground and transmission towers running lines through the air. Oncor does not
allow buildings to be constructed in its easements in order to cause the least amount of
property damage when utility work is required. The applicant has applied with Oncor for
permission to construct paved parking in the easement, which is not allowed by-right, but
will likely be granted per the attached letter from Oncor. The location and angle of the
Oncor easement, recorded with Denton County in 1984, creates two separate triangular
Zoning Board of Adjustment (ZBA)Page 5 of 23 February 9, 2017
Page 2 of 2
pieces for development, reducing the developable land to 0.80 acres. This will be
problematic for any future development of this land.
Staff only provides the facts of the case, as the finding of hardship is the discretion of the
Board of Adjustment. The Board should utilize the criteria listed below and the attached
Decision Tree to guide its decision.
PUBLIC NOTIFICATION
Public notice was published in the newspaper and sent to those who own property within
200-feet of the subject property. To date, staff has not received any feedback.
ZONING BOARD OF ADJUSTMENT AUTHORITY:
The Zoning Board of Adjustment has the authority to consider and act upon a request for
variance if:
1. The request is not contrary to public interest.
2. The spirit of the ordinance is observed.
3. Substantial justice is done.
4. Unnecessary hardship would occur.
When reviewing a request for variance, the Board shall consider the following:
1. May not be financial alone.
2. May not be self-imposed.
3. May not provide a privilege that others have been denied.
4. May not deny a privilege that others have been granted.
The decision of the Board is final.
Attachments: Exhibit A – Application
Exhibit B – Oncor Letter
Exhibit C – Site Layout
Exhibit D – PD-25 Development Standards
Exhibit E – Decision Tree
Zoning Board of Adjustment (ZBA)Page 6 of 23 February 9, 2017
Zoning Board of Adjustment (ZBA)Page 7 of 23 February 9, 2017
ApplicaƟon to Appear Before the
Zoning Board of Adjustment
Page 2 of 2
In order to make a finding of hardship and to grant a variance, special excepƟon or appeal, the Zoning Board of Adjust-
ment must determine that all of the following condiƟons are met. State how your request meets these condiƟons.
Please note that the stated hardship shall not be financial or self-induced. AƩach addiƟonal sheets if necessary.
1. Completely describe the variance, special exception or appeal you are requesting:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
2. Do similar conditions exist in the area? Explain.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3. Describe how the unique conditions or circumstances do not result from your actions.
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
4. Is there any way to do what you want without this request?
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
ATTACH A DETAILED DIAGRAM OF THE SITE, TO SCALE, AND ANY OTHER DRAWINGS OR INFORMATION NECESSARY
TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, EN‐
CROACHMENTS AND THE VARIANCE, SPECIAL EXCEPTION OR APPEAL REQUESTED. THE SPECIFIC REQUEST SHOULD
BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.).
THE VARIANCE REQUESTED IS FOR A PORTION OF THE EAST SIDE OF THE BUILDING TO
ENCROACH 15' INTO THE 30' BUILDING LINE SETBACK ALONG TROPHY WOOD DRIVE. THE
EXISTING EASEMENTS ON THIS SITE, INCLUDING THE ONCOR UTILITY EASEMENT,
REDUCE THE BUILDABLE LAND FROM THE FULL 1.83 ACRES TO 0.80 ACRES.
THERE IS AN EXISTING 35' ONCOR UTILITY EASEMENT DIAGONALLY BISECTING THE
PROPERTY. PER THE EASEMENT REQUIREMENTS, NO PERMANENT STRUCTURES ARE
ALLOWED TO BE CONSTRUCTED IN THIS AREA. THE ANGLE OF THE EASEMENT RELATIVE
TO THE PROPERTY REQUIRED THE BUILDING TO HAVE AN UNUSUAL DESIGN.
THE REQUESTED BUILDING FUNCTIONALITY AND CHARACTER, COMBINED WITH THE
EXISTING SITE RESTRAINTS (PER THE ATTACHED SITE PLAN) MAKE THE ENCROACHMENT
REQUIRED FOR THE DEVELOPMENT.
NO
Zoning Board of Adjustment (ZBA)Page 8 of 23 February 9, 2017
Zoning Board of Adjustment (ZBA)Page 9 of 23 February 9, 2017
Zoning Board of Adjustment (ZBA)
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DEVELOPMENT STANDARDS
TROPHY WOOD CENTER
TROPHY CLUB, TEXAS
The development of the Land described in Exhibit "A" -Legal Description (a copy of
which is attached hereto and incorporated herein) consisting of approximately 16.5
acres of land shall be in accordance with Exhibit "B" -Concept Plan of the development
(a copy of which is attached hereto and incorporated herein), all other Exhibits attached
to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable
ordinances and regulations of the Town of Trophy Club, and the following Development
Standards, conditions and requirements:
A. Purpose: This Planned Development is designed to accommodate a variety of
retail and commercial uses. For development purposes, the Land is divided into
nine tracts (Tracts 1-9 as shown on Exhibit "B"), and the use and development of
each of the tracts shall be in accordance with the following:
1. Tracts 1-9 (as depicted in Exhibit "8"): The following standards shall apply
to Tracts 1-9:
a. Size of Tracts:
Tract 1 shall contain approximately 1.1 acres of land
Tract 2 shall contain approximately 0.9 acres of land
Tract 3 shall contain approximately 1.55 acres of land
Tract 4 shall contain approximately 1.5 acres of land
Tract 5 shall contain approximately 2.0 acres of land
Tract 6 shall contain approximately 1.0 acres of land
Tract 7 shall contain approximately 1.8 acres of land
Tract 8 shall contain approximately 2.2 acres of land
Tract 9 shall contain approximately 2.8 acres of land
Trophy Wood Drive shall contain approximately 1.6 acres of land
b. Uses Generally: In the development and use of Tract 1-9, no land
shall be used and no building or structure shall be installed,
erected, or converted to any use other than the following:
c. Permitted Uses:
(1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use
List
(2) Tract 6 shall allow all uses indicated with an asterisk (*).
PD-25
1 Zoning Board of Adjustment (ZBA)Page 11 of 23 February 9, 2017
Use List
*Accounting Office
*Administrative, Executive, Editorial Office
*Architectural, Engineering, Planning Office
Art Studio
Art Supply Store
Arts, Crafts, Hobby Shops
*Attorney's Office
Audio, Video, Stereo Sales (no arcade
games or adult rentals)
Bakery Shop
Bank Building and Drive-Thru
*Barber, Beauty, Styling Shops
Bath Shop
Bicycle Shop
Book Stores
Cameras I Film Processing Store
Car Accessories.Sales
Cards and Gift Sales
Children's Wear Shop
China and Glassware Sales
Computer I Software Sales and Service
Confectionary Shop
Cosmetic I Beauty Supply Shop
Curtain and Drapes Shop
Dairy Food Shop
Dance Studio
Drug Store, Apothecary, Pharmacy
Dry Cleaner, Pick up and Drop Off
Dry Cleaning Plant
Duplication and Mailing Service
Electrical Goods and Fixtures
Fabric and Knitting Shop
Floor Coverings Shops
Florist
Food Service
Formal Wear/Rental Store
Furniture Sales
Grocery Store
Hardware Store
*Health, Athletic Shops
Household Appliance Store
Household Furnishings, Fixtures
Ice Cream Shop
*Insurance Office
Jewelry, Watch Store
Juice Store
PD-25
2
Kitchen Store
Lamp Sales
Laundry and Dry Cleaning (on-site dry
cleaning facility limited to Exxon DF-2000
or equivalent.) This facility shall not
provide equipment or services for another
laundry or dry cleaning location
Luggi;ige and Leather Sales
Mailing and Packaging/Post Office
*Massage Shop
*Medical, Dental, Chiropractic, Optometry,
etc.
Men's Wear Shop
Music Store
Nail Salon
Newspaper/Magazine Sales
Office Supplies Store
Party Supplies Store
Pawn Shop
*Personal I Family Counselor
Pharmacy
Photographic Service Studio
*Physician and/ or Dentist
Picture Framing Store
Printing, Publishing, Engraving
*Public Secretary
*Real Estate Office
Restaurant
Restaurant, Drive-In
Restaurant, with Alcoholic Beverage Sales
Shoe Repair Shop
Shoe Store
Sporting Goods Store
Sports Bar
Stationery-School Supplies Sales
Tailor Shop
Telephone Store
Tobacco Sales
Toys Store
*Travel Bureau or Agency
Wallpaper, Paint Store
Wearing Apparel Shop
*Weight Reduction Studio
Women's Ready-To-Wear/Women's
Specialty Shop
Zoning Board of Adjustment (ZBA)Page 12 of 23 February 9, 2017
(3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or
limited stay facilities. Limited stay facilities shall not require
facilities for meetings, conferences or full service dining.
d. Limitation of Uses: Any use not expressly permitted herein or
allowed by permit in the designated zoning district is prohibited.
e. Area Building and Site Regulations:
(1) Maximum Building Coverage: The combined area of all
main and accessory buildings shall not exceed sixty percent
(60%) of the total site area.
(2) Maximum Impervious Area: The combined area occupied by
all buildings, structures, off-street parking and paved areas
shall not exceed eighty percent (80%) of the total site area.
(3) Minimum Open Spaces: All areas (but in any event at least
twenty percent [20%] of the total site area) not devoted to
buildings, walkways, structures or off-street parking area
shall be devoted to grass, trees, gardens, shrubs, or other
suitable landscape material.
(4) Depth of Front Yard*: There shall be a front yard having a
depth of not less than thirty feet (30').
(5) Depth of Rear Yard*: There shall be a rear yard having a
depth of not less than ten feet (1 O'). Tract 6 shall have a
thirty-foot (30') rear yard adjacent to residentially zoned land.
(6) Width of Side Yard on each Side: A minimum of a ten foot
(1 O') side yard shall be required.
(7) Height: With the exception of hotels, no building or structure
shall exceed forty feet (40') in height or two (2) stories
maximum. Any structure adjoining or contiguous to a
residentially zoned district shall not exceed twenty-eight feet
(28') or one (1) story in height. Hotels shall not exceed sixty-
five feet (65') or four (4) stories in height. Building and/or
structure heights shall be measured from the adjacent
finished sidewalk elevation.
*All yards shall comply with Section 37, "Required Yards," of
the Comprehensive Zoning Ordinance.
f. Parking & Loading Regulations: The minimum number of off-street
parking spaces shall comply with Section 48 of the Comprehensive
PD-25
3 Zoning Board of Adjustment (ZBA)Page 13 of 23 February 9, 2017
~----
Zoning Ordinance. Off-street loading shall be in accordance with
Section 49, "Off-Street Loading Requirements," of the same. Hotel
uses shall provide a minimum of one (1) parking space for each
room. Other uses within the hotel shall provide parking in
compliance with Section 48. Handicapped parking, including van
accessible spaces, shall be provided according to Town standards.
B. Additional Development Standards:
1. Landscaping: Landscaping shall be provided as required by applicable
ordinances, including but not limited to the Comprehensive Zoning
Ordinance as amended, Section 47, Landscaping Regulations, and Article
8 of the Subdivision Regulations, except as specifically provided below:
a. Hedges and/or berming shall be utilized along street frontages,
when possible, to screen parking from public view.
b. All landscaping areas shall be irrigated.
c. Landscaping shall be maintained by the developer/owner of the
d.
land. Any dead landscaping material shall be removed and
replaced within forty-five (45) days.
All plant materials must be selected from the mandatory plant list
which shall be in accordance with the Approved Tree Planting List,
as outlined in Article 8 of the Subdivision Regulations. The
Landscape Plan & Plant List shall be submitted for Town approval
in the form of an ordinance amendment at a later date.
e. A minimum landscape strip of fifteen feet (15') shall be provided
along State Highway 114 and fifteen feet (15') along Trophy Wood
Drive and ten feet (1 O') along all common driveways.
f. The initial stage of development, site landscaping shall be installed
in the right-of-way of Trophy Wood Drive.
(1) Landscaping shall consist of live tree planting consisting of
three inch (3") caliper trees planted a maximum of fifteen
feet (15') on center. Trees shall include a variety providing
rapid growth and dense foliage, as well as evergreen type
trees such as Live Oaks, which bear leaves all year round.
(2) Maintenance of the median landscaping at this location shall
be the responsibility of the developer/owner for a period of
twelve (12) months from the completion of the planting. The
Town of Trophy Club shall assume and care after twelve
PD-25
4 Zoning Board of Adjustment (ZBA)Page 14 of 23 February 9, 2017
(12) months. The irrigation for the off-site landscaping shall,
after the initial installation, be the responsibility of the Town
of Trophy Club.
g. The caliper of a tree is defined as the diameter of the tree trunk as
measured at the point twelve inches (12") above the finished grade
in accordance with standard nursery practice.
h. Tree preservation shall be in accordance with applicable
ordinances, including but not limited to Section 47 of the
Comprehensive Zoning Ordinance and Article 8 of the Subdivision
Regulations.
(1) Landscaping adjacent to residentially zoned land shall
contain evergreen shade trees to provide adequate
screening year-round.
Detailed Landscape Plans, sealed by a registered landscape
architect shall be provided on each tract at the time of the
Final Site Plan submittal, which shall require Town Council
approval upon recommendation by the Planning & Zoning
Commission, following appropriate publication and
notification of affected parties.
2. Hours of Operation of Uses: Hours of operation for the retail and
restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel
uses shall operate twenty-four (24) hours per day. Normal business hours
for office uses shall be 7:00 am to 10:00 pm.
No outside sales of any kind shall be conducted, including but not limited
to, truck lot, pedestrian walkway, tent or other sales.
3. Building Materials: All main and accessory buildings shall be of exterior
fire resistant construction having one hundred percent (100%) of the total
exterior walls, excluding doors, windows and porches, constructed of
natural or manufactured stone, concrete, brick, stucco, split face concrete
block or other material of equal characteristics in accordance with the
Town's Building Codes and Fire Codes. All buildings and structures shall
be veneered with stone and shall have a dull finish metal type roof and
EIFS trim. Alternate materials may be used if approved by the Planning &
Zoning Commission. Color selection for roof material shall be approved
by the Town Council upon recommendation from the Planning and Zoning
Commission prior to issuance of building permits.
4. Lighting: All parking lot lighting shall be located approximately as shown
on the Final Site Plan. Lighting fixtures shall be a maximum total height of
PD-25
5 Zoning Board of Adjustment (ZBA)Page 15 of 23 February 9, 2017
twenty-five feet (25') on twenty-four inch (24") concrete bases.
Ornamental street lights at the perimeter drive approaches shall have
lighting fixtures mounted on twelve foot (12') poles or two foot (2')
concrete bases and shall not exceed a maximum height of fourteen feet
(14'). Total height of lighting fixtures shall be measured from the adjacent
ground. All lighting shall be oriented down and away from all adjacent
properties. Building lighting shall be mounted to the building face or in
ground fixtures and shall be oriented as to wash the building with light.
Wall mounted down directional lights will be on the rear of buildings and
perimeter light will be shielded to minimize overspill. Perimeter lighting
shall be designed to reflect away from adjacent residential areas. Foot-
candle limitations at residential property lines and right-of-way lines should
not exceed 0.1 foot candle. Foot-candles on site shall average 2.5 foot-
candle and not exceed 8.0 foot-candle. A photometric plan shall be
included with the Final Site Plan.
5. Screening & Fencing: Fencing adjacent to residentially zoned land shall
provide brick veneer columns on eight-foot (8') high wood panels of sealed.
cedar or redwood.
6. Signage: Prior to the issuance of a building permit for the Land or any
part thereof, an overall sign plan, accompanying the Final Site Plan for the
Land must be approved by the Town Council upon recommendation from
the Planning & Zoning Commission. Additionally, written signage
standards shall be approved by the Town Council upon recommendation
of the Planning & Zoning Commission at a later date, in the form of an
amendment to this Ordinance.
7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and
details shall be provided at the time of the Final Site Plan submittal and
shall be approved by the fire department.
8. Final Site Plan: The Final Site Plan shall be submitted to the Planning &
Zoning Commission and Town Council for approval. Such approval shall
be in the form of an ordinance duly adopted by the Town Council, upon
recommendation from the Planning & Zoning Commission.
Upon approval, the Final Site Plan shall become an amendment to this
Ordinance. In the event of any conflicts between this ordinance and such
approved Final Site Plan, the Ordinance adopting the Approved Final Site
Plan shall control.
9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be
permitted on the land. Dumpster location shall be subject to the prior
approval of the Planning & Zoning Commission. Dumpsters are to be
enclosed on all sides with masonry walls and gates of a similar
PD-25
6 Zoning Board of Adjustment (ZBA)Page 16 of 23 February 9, 2017
architectural style of the buildings. Minimum height of the enclosures shall
be determined by the height of the dumpster. When possible, landscaping
shall provide additional screening for the enclosure. Operating hours for
trash seNice shall be in accordance with the Town of Trophy Club
standards.
10. Mechanical & Electrical Equipment: Mechanical and electrical equipment,
including air conditioning units, shall be designed, installed, and operated
to minimize noise impact on surrounding property. All such screening
shall be screened from public view. Equipment screening shall not be
considered as a part of building height.
11. Amendments to the Site Plan: Amendments to the Site Plan for items that
are not determined to be substantial by the Planning & Zoning
Administrator shall be permitted. The Planning & Zoning Administrator
shall determine items as not substantial.
12. Notwithstanding any contrary provision in the Ordinance or any exhibits .
hereto, the final approvals listed below must be obtained from the Town
prior to the issuance of any building permits. Such approvals must be
made by an Ordinance amending this Ordinance creating PD Planned
Development No. 25:
a. Final Site Plan approval, including but not limited to Landscape
Plan and Plat List
b. Building Elevations
c. Sight Line Studies
d. Civil Site Plan
e. Photometric Plan & Light Fixtures Illustrations
f. Sign Criteria
g. Retaining Wall and Fence Criteria; and
h. Development Schedule
PD-25
7 Zoning Board of Adjustment (ZBA)Page 17 of 23 February 9, 2017
Zoning Board of Adjustment Decision Tree
1. Is the request for a variance owing to a special condition inherent in the property itself
(e.g., odd-shaped lot, unusual topography, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
2. Is the condition one unique to the property requesting the variance (unusual slope, odd
location, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
3. Is the condition self-imposed or self-created?
If yes, STOP, there is no hardship
If no, CONTINUE
4. Will a literal enforcement of the zoning ordinance result in an unnecessary hardship?
If yes, CONTINUE
If no, STOP, there is no hardship
5. Will the hardship prevent any reasonable use whatsoever? Note: Financial
considerations alone cannot satisfy this requirement.
If yes, CONTINUE
If no, STOP, there is no hardship
6. Would the grant of the variance be contrary to the public interest?
If yes, STOP, there is no hardship
If no, CONTINUE
7. Is the request within the spirit of the ordinance and does it further substantial justice?
If yes, CONTINUE
If no, STOP, there is no hardship
Zoning Board of Adjustment (ZBA)Page 18 of 23 February 9, 2017
100 Municipal Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12017-38-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/26/2017 Zoning Board of Adjustment (ZBA)
On agenda:Final action:2/9/2017
Title:Consider and take appropriate action regarding the October 13, 2016 Zoning Board of Adjustment
minutes.
Attachments:10132016 ZBA Minutes.DRAFT.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the October 13, 2016 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 19 of 23 February 9, 2017
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday, October 13, 2016 6:00 P.M. Svore Municipal Building Boardroom
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, October 13,
2016, at 6:04 p.m. and announced that a quorum (5 members, 1 alternate) were present. He explained
the order of the meeting to those present.
Present: 5 – Chairman Opipare, Board Member Hennig, Board Member Cannon, Board Member
Murtaugh, Board Member Sims
Alternates
Present: 1 – Alternate Board Member Vogt
Absent: 3 – Alternate Board Member Arnott, Alternate Board Member Kesterson, Alternate Board
Member Ormond
STAFF AND GUEST(S) PRESENT:
Town Planner Ron Ruthven
Recording Secretary Robbie Killingsworth
Lisa Reich In-coming Town Planner
Demetrius Jason Potter Applicant, 1120 Berkshire Court, Trophy Club, TX
Jennifer Gatz Applicant, 411 Abbott Lane, Trophy Club, TX
Ty Brewer Applicant, 310 Tenison Trail, Trophy Club, TX
Christian Danobeytia on behalf of Applicant, 508 Fisher Drive, Trophy Club, TX
Recording Secretary NOTE: Four board members are required to constitute a quorum. The state requires four
affirmative votes to approve a variance. There are five board members and one alternate present at today’s
meeting. The alternate board member will not be voting today.
Chairman Opipare asked if there were any public requests to speak. No public requests were turned in.
REGULAR SESSION
2016-604-T Nomination and election of Vice-Chairman.
Motion made by Chairman Opipare, seconded by Board Member Murtaugh, to nominate Board Member
Hennig as Vice-Chairman.
Chairman Opipare asked for a vote.
Motion approved (5-0).
Vice-Chairman:___Joe Hennig____
2016-604-T Nomination and election of Secretary.
Motion made by Vice-Chairman Hennig, seconded by Board Member Cannon, to nominate Board
Member Murtaugh as Secretary.
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Chairman Opipare asked for a vote.
Motion approved (5-0).
Secretary:___John Murtaugh____
2016-595-T Consider and take appropriate action regarding the June 16, 2016 Zoning Board of
Adjustment minutes.
Motion made by Vice-Chairman Hennig, seconded by Chairman Opipare, to approve the June 6, 2016
Zoning Board of Adjustment minutes.
Chairman Opipare asked for a vote.
Motion approved (5-0).
2016-596-T Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the
construction of a fence within the side yard building setback along the street,
being located at 640 Sheldon Drive, Trophy Club, TX.
Chairman Opipare asked for Applicant comments.
• Demetrius Jason Potter, 1120 Berkshire Court, Trophy Club, TX 76262, applicant.
Chairman Opipare asked for questions or comments from the Board.
Chairman Opipare asked for a motion.
Motion made by Board Member Cannon, seconded by Secretary Murtaugh, to approve the Special
Exception subject to the following condition:
• The fence shall be constructed no closer than 18 inches from back of the sidewalk along Abbot
Lane.
Chairman Opipare asked for a vote
Motion approved (5-0).
Special Exception GRANTED
Action is final.
2016-597-T Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the
construction of a fence within the side yard building setback along the street,
being located at 411 Abbott Lane, Trophy Club, TX.
Chairman Opipare asked for Applicant comments.
• Jennifer Gatz, 411 Abbott Lane, Trophy Club, TX, applicant.
Chairman Opipare asked for questions or comments from the Board.
Chairman Opipare asked for a motion.
Motion made by Secretary Murtaugh, seconded by Board Member Sims, to allow a fence to be built 20
feet into the required 25 foot setback from the street.
Chairman Opipare asked for a vote.
Motion approved (5-0).
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Special Exception GRANTED
Action is final.
2016-598-T Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the
construction of a fence within the side yard building setback along the street,
being located at 310 Tenison Trail, Trophy Club, TX.
Chairman Opipare asked for Applicant comments.
• Ty Brewer, 310 Tenison Trail, Trophy Club, TX, applicant.
Chairman Opipare asked for questions or comments from the Board.
Chairman Opipare asked for a motion.
Motion made by Vice-Chairman Hennig, seconded by Secretary Murtaugh, to approve the Special
Exception subject to the following condition:
• The fence shall be constructed no closer than 18 inches from the back of the sidewalk along
Ridge View Lane.
Chairman Opipare asked for a vote.
Motion approved (5-0).
Special Exception GRANTED
Action is final.
2016-599-T Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the
construction of a fence within the side yard building setback along the street,
being located at 508 Fisher Drive, Trophy Club, TX.
Chairman Opipare asked for Applicant comments.
• Christian Danobeytia, on behalf of property owner, Ashton Woods Homes, 508 Fisher Drive,
Trophy Club, TX, applicant.
Chairman Opipare asked for questions or comments from the Board.
Chairman Opipare asked for a motion.
Motion made by Vice-Chairman Hennig, seconded by Board Member Sims, to allow a fence to be built 10
feet into the required 20 foot setback from the street.
Chairman Opipare asked for a vote.
Motion approved (5-0).
Special Exception GRANTED
Action is final.
2016-599-T Discussion and presentation from staff on the authority, duties and procedures of
the Zoning Board of Adjustment.
Staff introduced in-coming Town Planner, Lisa Reich.
Staff presentation on the authority, duties and procedures of the Zoning Board of Adjustment.
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ADJOURN
Chairman Opipare asked for a motion.
Motion made by Secretary Murtaugh, seconded by Board Member Sims, to adjourn.
Chairman Opipare asked for a vote.
Motion approved (5-0).
Meeting adjourned at 6:49 p.m.
___________________________________ ___________________________________
Lou Opipare, Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
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