Agenda Packet P&Z 06/23/2016
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Planning and Zoning CommissionPage 3 of 159June 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-334-T Version:1 Name:
Type:Agenda Item Status:Workshop
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Discussion of Potential Amendments to Chapter 14 - Zoning of the Code of Ordinances regarding the
regulation of portable classroom structures.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionofPotentialAmendmentstoChapter14-ZoningoftheCodeofOrdinancesregardingtheregulationof
portable classroom structures.
Planning and Zoning CommissionPage 4 of 159June 23, 2016
STAFF REPORT
Planning and Zoning Commission
June 23, 2016
Workshop Item:Portable Classroom Regulations
SUBJECT
:
Discussion of Potential Amendments to Chapter 14 - Zoning of the Code of
Ordinances regarding the regulation of portable classroom structures.
INTRODUCTION:
The purpose of this item is to discuss possible regulations addressing portable
classrooms. This item stems from a recent request, considered at the June 2, 2016
Planning and Zoning Commission Meeting, from theNorthwest Independent School
District (NISD) to place a portable classroom building at Beck Elementary. The
Commission voted to table the ordinance amendment and Temporary Use Permit (TUP)
requestfor discussion at a future workshop. Both of those agenda items are attached to
this briefing in their original format.
STATE OF TEXAS REGULATIONS CONCERNINGPORTABLE
CLASSROOMS:
TheState of Texas classifies portable classrooms as Relocatable Educational Facilities
(REF). REF’s are classified as industrialized housing and buildings (IHB) under the
Texas Occupations Code. On January 1, 2010, the Occupations Code wasamendedto
requirethat a REF,used primarily as an educational facility for teaching the curriculum
required by Section 28.002 of the Education Code meet all the provisions of the IHB law,
even if the REF is built from the ground up at the installation site. REFs that are
constructed in a manufacturing facility and are then moved to the installation site were
already covered by the IHB law.
Based on the attached bulletin from the Texas Department of Licensing and Regulation,
these regulations preempt municipal regulations regarding IHB’s to a certain degree.
However,although they cannot be prohibited, cities and towns may still regulate these
types of buildings according to the bulletin, which states:
“Section 1202.251(a) of the Occupations Code
gives the municipality theright to
enforce local land use and zoning requirements, buildingsetback requirements, side and
rear yard requirements, site planning and development and property line requirements,
subdivision control, and landscape architectural requirements. These local requirements
Page 1 of 3
Planning and Zoning CommissionPage 5 of 159June 23, 2016
and regulations and others not in conflict with the IHB lawor other State law relating to
transportation, erection, installation, or use, shall be reasonably and uniformly applied
and enforced the same for all buildings –the municipality may not enforce different
requirements for industrialized buildings. A municipalitycannot limit an industrialized
building to an area zoned for manufactured buildings. A municipality cannot bar an
industrialized building constructed under Chapter 1202 from being placed inside city
limits. A municipality can bar an industrialized buildingfrom being placed in an area
zoned residential.”
Given the legal requirements for these types of buildings mandated by the State, and
given that the placement of a portable classroom typically involves a public school
district, which is, itself, a political subdivision of the Stateexempt from certain municipal
land use requirements, the Town Attorney will be present to provide a legal explanation
and answer questions, some which may occur in executive session as advised by the
Town Attorney.
POSSIBLE REGULATIONS:
Aside from portable classrooms, most portable structures are currently regulated through
the Town’s TUP regulations in Section 14.02.151. These classified buildings are
typically uses that are located on a property for a short, defined period of time.
Regarding portable classrooms, the Code of Ordinances does not address these at any
level. Typically, when a use type is not addressed or noted in the Code, it is therefore
prohibited. Given this, pending any discussion with the Town Attorney,staff
recommends that regulations for portable classroomsbe adopted. Adoption of
regulations for portable classrooms can occur in several ways, which include:
Treating the portable classroom as a temporary use and adding provisions to the
TUP standards (as noted in the attachedbriefing);
Requiring a Specific Use Permit (SUP) for a portable classroom, which would
require a more thorough development review process and adoption of an
ordinance;
Allowing portable classrooms by right and simply requiring a building permit;
Regulate portable classrooms through the approval of a building moving permit,
which may require P&Z and Council approval, or administrative approval.
Staff performed a survey of several cities around Trophy Club in order to determine their
regulatory structure concerning portable classrooms. The research yielded little,to no,
land use regulations on the part of many municipalitiesgiven the State pre-emptions. As
such, many cities require only a building permit, with a few requiring a building moving
permit which must be approved by the City Council.
NEXT STEPS
:
Staffseeksdirection from the Commission on how to proceedwith this item. Pending
direction from the Commission, staff will bring forward proposed amendments to the
Code of Ordinances regarding specific regulations for portable classrooms.
Page 2 of 3
Planning and Zoning CommissionPage 6 of 159June 23, 2016
Attachments: Exhibit “A” –Tabled agenda items from the June 2, 2016 Planning
and Zoning Commission meeting
Exhibit “B” – TDLR Bulletin #04-001
Page 3 of 3
Planning and Zoning CommissionPage 7 of 159June 23, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
STAFF REPORT
Planning and Zoning Commission
June 2, 2016
ADM-16-012: Amendments to Temporary Use Requirements
SUBJECT
:
Discussion and recommendation regarding amendments to the Town of Trophy
Club’s Code of Ordinances, amending Section 14.02.251 – Temporary Uses in order
to add the use of portable classroom and provide for other amendments as proposed
by Town staff. Case ADM-16-012
INDTRODUCTION:
Given the request, which follows this item, from the Northwest Independent School
District (NISD) to place a portable classroom building at Beck Elementary, staff proposes
amendments to the temporary use provisions in the zoning regulations contained in the
Town Code of Ordinances. Currently there are no provisions in the Code of Ordinances
for a temporary classroom structure. Given the review of the regulations necessitated by
the application from NISD, staff has performed a review of the regulations and proposes
the changes detailed in the next section in order to eliminate discrepancies and overlap
with other regulations, and to provide changes to the approval process for a temporary
use permit.
PROPOSED AMENDMENTS:
Per the attached markups to Section 14.02.151, the following is a detailed explanation of
the proposed amendments to this section:
Elimination of all event references
1. – Staff proposes eliminating all references to
special events such as circuses, sporting events, etc. Special events are addressed
in Article 1.09 of the Code of Ordinances and should not be regulated as
temporary uses. The only exception is the town wide garage sale, which remains
in the temporary use permit regulations given the more detailed performance
criteria in this section.
Elimination of Planning and Zoning Commission approval requirement
2. –
Staff proposes eliminating the requirement that a temporary use permit require a
recommendation from the Planning and Zoning Commission prior to
consideration by the Town Council; thus requiring only approval by the Council.
The reason for this recommendation involves the following factors:
Page 1 of 3
Planning and Zoning CommissionPlanning and Zoning CommissionPage 254 of 272Page 8 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
-A temporary use permit is not a permanent zoning action and does not affect
the long term land use of the property;
-Given the short-term nature of a temporary use, the general lack of complexity
and long term impact involvedwith temporary use, an extended review and
approval process involving both the Planning and Zoning Commission and
Town Council is not necessary.
Allowance for administrative approval for certain uses
3. – For temporary real
estate sales offices in model homesand trailers, model home parkingand
temporary construction trailers, staff proposes that these uses be approved
administratively, unless an extended period of time is requested, which would
then require Council approval.
Addition of a portable classroom use
4. – This use is added given the request that
follows this item by NISD.
Addition of other uses not listed
5. – This accounts for any other temporary use
that is not listed in the regulations that would require approval by the Town
Council.
Elimination of specific time period limitations in subsections (d) 1 and 2
6.–
Staff proposes that, given the variability, diversity and unknown factors that are
affiliated with a temporary use, the specific time limitations should be applied by
the Town Council on a case-by-case basis where there are not time restrictions
already in place in the section.
Requirement of a resolution
7. – Staff proposes that, where Council approval is
required, a temporary use permit must be approved by resolution. Since the use is
temporary, anordinance is not appropriate. Therefore a resolution is
recommended. Similar to an ordinance, the resolution wouldcontain any specific
conditions and/or waivers in the body of the resolution textalong with a clear
time restriction and expirationprovision forthe permit, thereby providing a clear
and concise regulatory frameworkfor easy reference by staff, the applicant and
other interested parties.
PUBLIC NOTICE REQUIREMENT:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the proposed amendments was published in the Fort
Worth Star Telegram.
STAFF REVIEW AND RECOMMENDATION
:
The proposed amendments are intended to better address community needs and provide a
more effective and efficient review of a proposed temporary use.
Staff recommends approval.
Page 2 of 3
Planning and Zoning CommissionPlanning and Zoning CommissionPage 255 of 272Page 9 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
Attachments: Exhibit “A” – Proposed Amendments to Section 14.02.151
Page 3 of 3
Planning and Zoning CommissionPlanning and Zoning CommissionPage 256 of 272Page 10 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and AttachmentsExhibit A
Sec. 14.02.151Temporary uses
(a) Permitted uses.Except where exempted below, tThe following uses, which are classified
as temporary uses, may be permitted for a period of time by the town councilper the
provisions in subsectionc below, after recommendation by the planning and zoning
commission. Said period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
(1)Carnivals.
(2)Circus.
(3)Fairgrounds.
(4)Community festivals (not including community garage sales).
(5)Community garage sales, by special privilege, see subsection (e) of this
section.
(6)Religious assemblies.
(7)Sports events.
(8)Political rallies.
(9)Concrete mixing or batching plant used temporarily by contractors during the
construction of public improvements or buildings. and, in such cases, the
period of time for which the use is granted may be for a period of time
provided in the contract for completion of such public improvement or
building, providing such temporary use is renewed annually.
(10) Armed forces displays.
(11) Educational or informational displays.
(12) Temporary sales of merchandise by nonprofit organizations.
(13) Real estate sales offices (located in a permanent residential structure), but
only during the development of residential subdivisions, provided that such
use shall not be permitted for more than three (3) years.Town council
approval shall not be required for this use.
(14) Off-street parking for model homes in residential districts, provided on one lot
which complies with all setback requirements of the district in which it is
located for a time period ofnot greater than one year. Town councilapproval
shall not be required for this use.However,any time period extension shall
require town council approval.However, such temporary use may be
renewed annually.
Planning and Zoning CommissionPlanning and Zoning CommissionPage 257 of 272Page 11 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and AttachmentsExhibit A
(15) Construction office used temporarily by contractors during the construction of
public improvements or building and, in such cases, the period of time for
which the use is granted may be for a period of time provided in the contract
for completion of such improvement or building, providing such temporary
use is renewed annually. Town councilapproval shall not be required for this
use.
(16) Real estate offices (located in trailer or manufactured housing), but only for a
time period not to exceed six (6) months; however such uses may be
renewed one (1) time. Town councilapproval shall not be required for this
use.
(17)Portable classroom buildings for a public school.
(18)Any other temporaryusenot listed herein. Said use shall beconsidered by
the town council.
(b) Residential districts. A temporary use shall not be permitted nearer than two hundred
fifty (250) feet to a residentially zoned district except for subsection (a)(9) of this section
which shall not be located closer than one thousand (1,000) feet to a developed
residential district.
(c) Temporary use permit.A permit for the temporary use of any property for the above-
listed uses shall be secured from the townplanning and zoning administrator prior to
such use, after approval by the town councilfor a non-exempt useand after payment of
all applicable fees. Council approval shall be in the form of a resolution. Said resolution
may contain any conditions, or waivers to this section,imposed by the Councilas a
condition of approvalin order to ensure that said use is allowed and conducted such that
thecommunity’s health, safety andwelfare is protected.The planning and zoning
administrator may recommend anytemporary use permit applicationexemptedherein
from town council approvalbe considered by the town council where it hasbeen
determined by the administratorthat the proposed temporaryusemay have significant
communityinterests.
(d) Time period.
(1) Except where provided in the list of uses hereinexempted from town council
approval, the time period for any use allowed by this section shall be
specified in the approving resolution and may not be extended without the
approval of the Town Council.Use of a parcel of property for any of the
above listed uses for more than thirty (30) days, except for concrete mixing or
batching plants, and off-street parking for model homes in a residential
district, during any one year shall constitute a permanent use and such parcel
or property shall automatically again be subject to the district regulations of
the zoning district in which such parcel or property is located.
(2) Annual extensions of the temporary use permit may be issued by the zoning
administrator upon written request by the applicant.
Planning and Zoning CommissionPlanning and Zoning CommissionPage 258 of 272Page 12 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and AttachmentsExhibit A
(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 nonprofit 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 a 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.
Planning and Zoning CommissionPlanning and Zoning CommissionPage 259 of 272Page 13 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-295-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/27/2016 In control:Planning & Zoning Commission
On agenda:6/2/2016 Final action:
Title:Discussion and recommendation regarding a request by the Northwest Independent School District
for a temporary use permit in order to allow a portable classroom building at Beck Elementary School,
located at 401 Parkview Drive. Case TUP-16-008.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingarequestbytheNorthwestIndependentSchoolDistrictforatemporaryuse
permitinordertoallowaportableclassroombuildingatBeckElementarySchool,locatedat401ParkviewDrive.Case
TUP-16-008.
Planning and Zoning CommissionPlanning and Zoning CommissionPage 260 of 272Page 14 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
STAFF REPORT
Planning and Zoning Commission
June 2, 2016
TUP-16-008: Temporary Use Permit for Portable Classroom
401 Parkview Drive
SUBJECT
:
Discussion and recommendation regarding a request by the Northwest Independent
School District for a temporary use permit in order to allow a portable classroom
building at Beck Elementary School, located at 401 Parkview Drive. Case TUP-16-
008.
NOTE:
Consideration of this request is contingent upon approval ofthe preceding
amendmentto the Code of Ordinances allowing a temporary use permit for a portable
classroom building.
REQUEST:
The Northwest Independent School District (NISD) is requesting the approval of
temporary use permit in order to place a temporary classroom behind Beck Elementary at
401 Parkview Drive. The building will be 24’ x 64’ and 1,536 square feet in size. The
building will be located behind the school.
According to the applicant, the proposedbuilding was manufactured by Indicom, located
in Burleson Texas. This building will be a dry installation and will not have water or
restroom facilities. This building will be equipped with a "stand alone" Fire Alarm
system, which will be slaved to the main system in the School. The power for this
building will be tied into the main building.Access to the building will provided via an
ADA compliant ramp to be constructed on-site.
According to the temporary use regulations in the code of ordinances, “a temporary use
shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned
district”. The proposed building will be located approximately180 feet from the PD 15
residential zoning district. Therefore, a waiver to this requirement will be required as
part of the final approval of this item. The proposed building will be located
approximately 85 feet from the Roanoke/Trophy Club corporate boundary line.
Page 1 of 2
Planning and Zoning CommissionPlanning and Zoning CommissionPage 261 of 272Page 15 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
The applicant did not specify a specific time period for the proposed temporary use. Staff
recommends that the use be allowed for one year from the date of approval by the Town
Council with any extensions for additional time requiring further Council approval.
There are currently no portable classroom buildings located onany school campus in the
Town.
CURRENT CONDITIONS AND ZONING:
The subject property contains 8.7acres and is developed as Beck Elementary School.
The property is platted as part of the NISD East Campus Additionand is zoned CR-
Commercial Recreation.
STAFF REVIEW AND RECOMMENDATION
:
The proposed portable classroom building would be located behind the school and be in
place for a maximum of one year with any time extensions requiring further legislative
approval. A waiver will be required to the distance requirement from a residentially
zoned property.
Staff recommends approval subject to the conditions stated herein.
Attachments: Exhibit“A” –Application
Exhibit “B” –Site Plan
Exhibit “C”– Building Example
Exhibit “D”–Location Maps and Aerial Exhibits
Page 2 of 2
Planning and Zoning CommissionPlanning and Zoning CommissionPage 262 of 272Page 16 of 159June June 2, 201623, 2016
Exhibit A - June 2, 2016 P&Z Meeting Reports and AttachmentsExhibit A
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PH) 682.831.4680 FAX) 817.490.0705
Town Website: www.trophyclub.org
GENERAL PERMIT APPLICATION
PROJECT ADDRESS: 401ParkviewDrive,TrophyClub,Tx.76262
SELECT PERMIT TYPE
ELECTRICAL MECHANICAL PLUMBING IRRIGATION RE-ROOF
( )
( ) ( ) ( ) ( )
Setupofa24'X64'modulardoubleclassroombuilding.
NorthwestISD,MaintenanceDepartment
APPLICANT/CONTRACTOR:
1800StateHwy114
BUSINESS ADDRESS:
Justin,Texas,76247
CITY, STATE, ZIP CODE:
817-215-0019,817-215-0020
817-215-0077
WORK PHONE #: FAX #:
jsadler@nisdtx.org
EMAIL ADDRESS:
PLEASE GIVE DETAILED DESCRIPTION OF WORK TO BE PERFORMED:
Weneedtomoveinandsetupaindustrialized24'X64'doubleclassroombuildingtoaccommodate
increasedenrollment.ThisbuildingwasmanufacturedbyIndicom,locatedinBurlesonTexas.Thisbuilding
willbeadryinstallationandwillnothavewaterorrestroomfacilitieslocatedinit.Thisportablewillbe
equippedwitha"standalone"FireAlarmsystem,whichwillbeslavedtothemainsystemintheSchool.The
powerforthisbuildingwillbetiedintothemainbuilding.
AccesswillbeprovidedviaaADAcompliantramp&landing,constructedonsite.
$25,000.00
VALUATION OF PROPOSED WORK $
*INDICATE SHINGLE MATERIAL AND WARRANTY FOR
RE-ROOF PERMITS
*STATE HEIGHT AND MATERIALS USED AND INCLUDE
SITE PLAN/SURVEY SHOWING FENCE WORK FOR
FENCE PERMITS
*PLEASE INCLUDE SITE PLAN/SURVEY SHOWING LOCATION OF SIGN FOR SIGN PERMITS
PERMIT FEE: $75.00
JimSadler
05/17/2016
SIGNATURE: DATE:
Planning and Zoning CommissionPlanning and Zoning CommissionPage 263 of 272Page 17 of 159June June 2, 201623, 2016
.....
.
2016
June 2, 2016
23,
June
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
Exhibit C
Page 265 of 272
159
of
19
Page
Planning and Zoning CommissionCommission
Zoning
and
Planning
City of Southlake
2016
June 2, 2016
23,
June
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
Beck Elementary
Location of Proposed
Building
Location Map
Exhibit D
Page 266 of 272
159
of
20
Page
Planning and Zoning CommissionCommission
Town Boundary
Zoning
City of Roanoke
Trophy Club
and
Planning
2016
June 2, 2016
23,
June
Exhibit A - June 2, 2016 P&Z Meeting Reports and Attachments
Beck Elementary
Location of Proposed
Bird’s Eye View
Building
Exhibit D
Page 267 of 272
159
of
21
Page
City of Roanoke
Bread Winners
Site
Planning and Zoning CommissionCommission
Zoning
and
Planning
Exhibit B
TEXAS DEPARTMENT OF LICENSING AND REGULATION
COMPLIANCE DIVISION INDUSTRIALIZED HOUSING AND BUILDINGS
PO Box 12157, Austin, TX 78711 (512) 539-5735-7353 \[(800) 803-9202 - In Texas Only\] FAX: (512) 539-5736
IHBTech@tdlr.texas.govwww.tdlr.texas.gov
Email Address: Internet Address:
INDUSTRIALIZED HOUSING AND BUILDINGS BULLETIN #04-001
Revised May 12, 2009
Areas of Authority Belonging to a Municipality Industrialized Buildings
This bulletin deals only with the areas of authority of a municipality for industrialized buildings reference
IHB Bulletin #00-001 for the areas of authority of a municipality for industrialized housing.
The Occupations Code, Chapter 1202, Industrialized Housing and Buildings, defines the areas of
authority belonging to a municipality. Department rules 70.62 and 70.73 further define the areas of
authority pertaining to site inspections.
Disagreements that cannot be resolved between the local officials and the industrialized builder
(retailer/installer) shall be referred to the Department. Disagreements that cannot be resolved by the
Department shall be presented to the Texas Industrialized Building Code Council. The decisions, actions,
and interpretations of the Council are binding on the Department, third-party inspectors, design review
agencies, manufacturers, and municipalities and other local political subdivisions.
Section 1202.151(b) of the Occupations Code
requires that industrialized buildings installed within the
jurisdiction of a municipality be constructed to meet the National Electrical Code and the applicable code
group for that municipality. With the merger of the International Conference of Building Officials (ICBO)
and the Southern Building Code Congress (SBCCI) into the International Code Council (ICC) there is only
one code group, the International Codes. The International Codes are published by the International
Code Council and are the latest editions of the Uniform Codes (published by ICBO) and the Standard
Codes (published by SBCCI).
The International Codes have been adopted by the Texas Industrialized Building Code Council (Council)
Section 1202.152 of the Occupations Code.
in accordance with This section requires the Council to
adopt new code editions in place of those originally adopted by the law if the Council determines that the
use of the new code editions are in the public interest and consistent with the purposes of the law. The
International Codes were first adopted by the Council as the replacement codes for both of the original
codes groups in February 2002 (adopted as the replacement codes for parts of the Uniform Code group
in February 2000). The applicable mandatory building codes for construction of new industrialized
buildings are the International Building Code, the International Mechanical Code, the International
Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, and the
National Electrical Code. The applicable edition of these codes can be found in Department Rules
70.100 and 70.101.
Section 1202.252(a)(1) of the Occupations Code
gives the municipality the right to require and review,
for compliance with the mandatory building codes, a complete set of design plans, specifications, and
calculations marked with the stamp of the council for each installation within its corporate limits. The
municipality may refuse to issue a permit if a review of the plans and specifications indicates any items
that do not meet the mandatory building codes in effect at the time of construction of the industrialized
building. The municipality may require correction of these items, and inspection of the corrections, as a
condition for granting a permit. The municipality is not required to accept an industrialized building that
does not meet the mandatory building codes in effect at the time of construction.
Section 1202.153 of the Occupations Code
does not allow a municipality to require or enforce any local
amendments to the mandatory building codes adopted by the Council. However, the municipality may
make sure that the load conditions described in the plans and specifications meet the minimum loads for
the area in which the unit is installed. For example, a municipality does not have to accept a unit that was
designed to meet a 90 mph wind speed if the basic wind speed map in the code indicates that the
municipality is located in an area where the basic wind speed is greater than 90 mph.
Section 1202.252(a)(2) of the Occupations Code
gives the municipality the right to require that all
applicable local permits and licenses are obtained before any construction begins on a building site.
Contractors, electricians, and other workmen on the construction site must be licensed in accordance with
the requirements of the municipality in which the industrialized building will be installed and with
applicable state requirements. Department rules require that the person responsible for retailing and
installing the industrialized buildings is registered with the Department as an industrialized builder.
Planning and Zoning CommissionPage 22 of 159June 23, 2016
3
TDLR 060ihb 01/10 Page 1 of
Exhibit B
IHB Bulletin #04-001
Revised May 12, 2009
Section 1202.252(a)(3) of the Occupations Code
gives the municipality the right to require that all
modules or modular components have an approved decal or insignia attached. IHB Bulletin #97-001
gives a description of the decals and insignia used to certify compliance with the Texas IHB law. Each
separate module or modular component must have a decal or insignia attached. The location of the
decal or insignia on the module or modular component must be shown on the floor plan or cover page of
the approved plans. Only manufacturers that have met the requirements of the State can buy decals or
insignia (Department rule 70.77). The manufacturer certifies that the module or modular component was
constructed and inspected in accordance with the law and rules governing industrialized housing and
buildings by attaching the decal or insignia. The control of the decals and insignia remains with the
Department.
Section 1202.1535(a) of the Occupations Code
states that a building meets a new mandatory building
code or an amendment to the mandatory building code adopted by the Council if:
1. the building has an approved decal or insignia attached indicating compliance with the mandatory
building codes; and
2. the building has not been altered or modified from its original construction.
A municipality may not require that these buildings meet either the current mandatory building code or
building code amendment adopted by the Council or the local building code. A building that has not been
maintained shall be considered altered.
Section 1202.1535(b) of the Occupations Code
requires alterations of industrialized buildings that have
an approved decal or insignia attached to be in compliance with the current mandatory building code or
building code amendment adopted by the Council. A recertified unit shall have an alteration decal
attached indicating compliance with the mandatory building code in accordance with Department rules
70.74 and 70.102. A building that does not conform to the original approved construction documents
shall be considered altered if it has not been recertified. A municipality is not required to accept an
altered industrialized building that has not been recertified.
Section 1202.251(a) of the Occupations Code
gives the municipality the right to enforce local land use
and zoning requirements, building setback requirements, side and rear yard requirements, site planning
and development and property line requirements, subdivision control, and landscape architectural
requirements. These local requirements and regulations and others not in conflict with the IHB law or
other State law relating to transportation, erection, installation, or use, shall be reasonably and uniformly
applied and enforced the same for all buildings the municipality may not enforce different requirements
for industrialized buildings. A municipality cannot limit an industrialized building to an area zoned for
manufactured buildings. A municipality cannot bar an industrialized building constructed under Chapter
1202 from being placed inside city limits. A municipality can bar an industrialized building from being
placed in an area zoned residential.
Section 1202.252(a)(4) of the Occupations Code
gives the municipality the right to set procedures for
inspection of the erection and installation of any industrialized building located within their jurisdiction to
assure compliance with the mandatory building codes and the approved plans and specifications. These
procedures may require final inspections and tests before occupancy and may require correction of code
violations identified by the tests or discovered during inspections.
Section 1202.203 of the Texas Occupations Code
gives the municipality the right to inspect the
foundation system and erection and installation of the modules or modular components on the foundation
system to make sure that they meet the mandatory building codes and approved plans and specifications.
All construction performed on site shall be inspected by the municipal inspectors in accordance with their
inspection procedures. The municipality may require repair of any items damaged during transportation
on the module or modular component to be installed. The municipality may require correction of code
(mandatory building codes identified in Department rules 70.100 and 70.101) violations identified on the
module or modular component during the site inspections. The municipality may require correction of
items that do not meet the approved plans and specifications. Construction uncovered during repairs of
violations may be inspected to make sure that they meet the mandatory building codes and approved
plans. The municipality cannot require removal of permanent components or construction to inspect
hidden portions of the construction to make sure it meets the mandatory building codes (Department Rule
70.73, destructive disassembly). Inspection of anything visible on a module or modular component is
allowed. Nondestructive disassembly (opening access panels, cover plates, etc) is allowed during
inspection.
Planning and Zoning CommissionPage 23 of 159June 23, 2016
3
TDLR 060ihb 01/10 Page 2 of
Exhibit B
IHB Bulletin #04-001
Revised May 12, 2009
Department rule 70.70(d)
requires a manufacturer to supply on-site construction documentation that
Department rules
includes the critical load points for attachment of the building to the foundation.
70.70(e)and 70.70(f)
require a licensed engineer (or architect for buildings having one story and total
floor area of 5,000 square feet or less) to design and seal the foundation system and unique on-site
construction details for each industrialized building. The foundation is required to be suitable for the
location where the building will be installed. The foundation design and unique on-site details are
reviewed by the municipality for compliance to the mandatory building codes review by a Texas
approved design review agency is not required.
Department rule 70.10(a)
mandatory building codes adopted under the Texas IHB program. A permanent foundation system shall
not include ground anchors. Components of a foundation system allowed for use in site built construction
must also be allowed for industrialized buildings.
The Council has decided that municipalities may allow the installation of an industrialized building on a
temporary foundation system. A temporary foundation system typically uses tie downs and ground
anchors similar to the foundation systems used for manufactured housing and may be adequate where a
building is to be placed at a temporary location. The documents, plans, and specifications for a
temporary foundation system shall include the following.
A soil investigation report prepared by a qualified engineer, or, if the exact location is unknown, a
description of the soil type for which the system is suitable.
Structural calculations and related plans prepared by a professional engineer or architect.
Specifications for adequate corrosion protection for the anchors and related tie-down system.
The plans and specifications must clearly show that the system is designed for the temporary location
of the structure.
Planning and Zoning CommissionPage 24 of 159June 23, 2016
3
TDLR 060ihb 01/10 Page 3 of
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-352-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:6/17/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, PD Planned Development
District No. 25, in order to approve the site plan package for the Holiday Inn Hotel located at 725
Plaza Drive on Lot 3R3, Block B, Trophy Wood Business Center. Case PD-AMD-16-050.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopmentDistrictNo.25,in
ordertoapprovethesiteplanpackagefortheHolidayInnHotellocatedat725PlazaDriveonLot3R3,BlockB,Trophy
Wood Business Center. Case PD-AMD-16-050.
Planning and Zoning CommissionPage 25 of 159June 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-335-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, PD Planned Development
District No. 25, in order to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza
Drive on Lot 3R3, Block B, Trophy Wood Business Center. Case PD-AMD-16-050.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopmentDistrictNo.25,in
ordertoamendtheapprovedsiteplanfortheHolidayInnHotellocatedat725PlazaDriveonLot3R3,BlockB,Trophy
Wood Business Center. Case PD-AMD-16-050.
Planning and Zoning CommissionPage 26 of 159June 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-336-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Public hearing regarding a request for a Specific Use Permit for on-premise alcohol sales in
conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B,
Trophy Wood Business Center located at 725 Plaza Drive. Case SUP-16-009.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingarequestforaSpecificUsePermitforon-premisealcoholsalesinconjunctionwitharestaurant
tobeoperatedaspartofaHolidayInnHotel,onLot3R3,BlockB,TrophyWoodBusinessCenterlocatedat725Plaza
Drive. Case SUP-16-009.
Planning and Zoning CommissionPage 27 of 159June 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-353-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/17/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Discussion and recommendation regarding a request to amend Ordinance No. 2002-41 P&Z, PD
Planned Development District No. 25, in order to approve the site plan package for the Holiday Inn
Hotel located at 725 Plaza Drive on Lot 3R3, Block B, Trophy Wood Business Center. Case PD-AMD-
16-050.
Attachments:Staff Agenda Briefing Site Plan Approval.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopment
DistrictNo.25,inordertoapprovethesiteplanpackagefortheHolidayInnHotellocatedat725PlazaDriveonLot3R3,
Block B, Trophy Wood Business Center. Case PD-AMD-16-050.
Planning and Zoning CommissionPage 28 of 159June 23, 2016
STAFF REPORT
Planning and Zoning Commission
June 23, 2016
PD-AMD-16-050: Holiday Inn Site PlanPackage Approval
SUBJECT
:
Discussion and recommendation regarding a request to amend Ordinance No. 2002-
41 P&Z, PD Planned Development District No. 25, in order to approve the site plan
package for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3, Block B,
Trophy Wood Business Center.
REQUEST:
This item simply involves a correction to a procedural error regarding the approval of the
siteplan package for the Holiday Inn. The site plan package was originally approved by
the Town Council on December 30, 2013. However, the PD 25 regulations require that
all site plans approved in the PD 25 district be approved as amendments to the PD 25
ordinance. Section B(8) of the PD 25 development regulations, approved by Ordinance
2002-41 P&Z, states:
“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.”
The site plan package approved by the Town Council on December 30, 2013 was not
approved as an amendment to the PD 25 ordinance as required above. Therefore,
approval of this item will correct the error.
Attached is the site plan package approved by the Town Council on December 30, 2013.
The package will be adopted as an amending exhibit to the PD 25 ordinance by the Town
Council.
The property is platted and the hotel is currently under construction.
PUBLIC NOTICE REQUIREMENT:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the PD amendment was published in the Fort Worth
Star Telegram. Notice was also mailed to 37 property owners within 500 feet of the
subject property. To date no correspondence has been received.
Page 1 of 2
Planning and Zoning CommissionPage 29 of 159June 23, 2016
STAFF REVIEW AND RECOMMENDATION
:
Staff recommends approval.
Attachments: Exhibit “A” – Approved December 30, 2013 Site Plan Package
Exhibit “B” – Ordinance 2002-41 P&Z
Exhibit “C”– Location and Zoning Map
Page 2 of 2
Planning and Zoning CommissionPage 30 of 159June 23, 2016
Exhibit B
Planning and Zoning CommissionPage 46 of 159June 23, 2016
Exhibit B
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Exhibit B
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Exhibit B
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Exhibit B
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2016
23,
June
Exhibit B
159
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Commission
Zoning
and
Planning
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2016
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Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-337-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Discussion and recommendation regarding a request to amend Ordinance No. 2002-41 P&Z, PD
Planned Development District No. 25, in order to amend the approved site plan for the Holiday Inn
Hotel located at 725 Plaza Drive on Lot 3R3, Block B, Trophy Wood Business Center. Case PD-AMD-
16-050.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopment
DistrictNo.25,inordertoamendtheapprovedsiteplanfortheHolidayInnHotellocatedat725PlazaDriveonLot3R3,
Block B, Trophy Wood Business Center. Case PD-AMD-16-050.
Planning and Zoning CommissionPage 111 of 159June 23, 2016
STAFF REPORT
Planning and Zoning Commission
June 23, 2016
PD-AMD-16-050: Holiday Inn Site PlanPackage Amendment
SUBJECT
:
Discussion and recommendation regarding a request to amend Ordinance No. 2002-
41 P&Z, PD Planned Development District No. 25, in order to amend the approved
site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3, Block B,
Trophy Wood Business Center. Case PD-AMD-16-050.
REQUEST:
The applicant, James Ling with HulingEnterprises LLC, is requesting an amendment to
the approved site plan for the subject property. The proposed amendments involve two
specific changes:
(1)Clarification of the window,door frame and divider colorsshown on the
elevations;
(2)Approval of a sign plan amendment to allowa sign for the new restaurant to be
located in the hotel.
CURRENT CONDITIONS
The subject property contains the Holiday Inn hotel which is currently under
construction. The property is zoned PD 25.
REQUESTTO AMEND BUILDING ELEVATIONS:
Thisamendment involves a minor modification, and clarification,to the building
elevations.On the attached application, the applicant states that they “have installed
white windowsand doors at the Hotel”.The color elevations included as part of the
approved site plan (attached) show dark colored window and door frames. However, the
detail sheets show the window and door frames to be white. Therefore, a discrepancy
exists.
Sheet A-3.01 on architectural elevations included with the approved site plan set refers to
sheets A-6.01 through A-6.03, attached,with regard to window types and decorative
grills.Sheet A-6.01 states that the “glass color of entrance doors and aluminum store
frontsto be selected based on the exterior scheme that is used”. Sheet A-6.02 states that
Page 1 of 3
Planning and Zoning CommissionPage 112 of 159June 23, 2016
the color of the aluminum storefronts and aluminum window frames onthehotel shall be
white anodized aluminum and baked enamel white respectivelyand also states that the
actual windowsfor the hotel roomsshall be solar bronze aluminum insulated tinted glass.
The ground floor windows shall be solar bronze aluminum insulated tinted safety glass
with the upper portions to be clear. According to the applicant, the actual glass color of
the windows will not change. Therefore, with regard to the elevations, the applicantis
only requesting that the exterior door and window frames be whitethereby matchingthe
existing detail sheets.
The elevations submitted with the application show the windows without any dividers.
The applicantstates in the application that the dividers will be put on the windows and
the elevations are provided merely to show how the white window and door frames will
look on the building. Therefore, the elevations attached with the application will not be
included as an exhibit with the amending PD 25 ordinance.
With regard to the reasons for the request the applicant states the following:
(1)“Windows are the color that Holiday Inn Corporaterequires. They prefer white
to bronze.
(2)If we paint these it will be a maintenance problem for the rest of the life for this
building.
(3)We have agreed to put the dividers on windows as the original drawings show.
We arewaiting till rock is finished and windows cleaned. Then we can apply grid
pattern.
(4)We have done everything on the plans as indicated on originals, including the
privacyfence on back of property.”
REQUEST TO AMEND SIGNAGE:
The applicant is requesting to amend the approved signage as shown on the approved site
plan set in order to provide two signs for the new restaurant to be called “The Crooked
Pint AleHouse”.According to the attached exhibits, the following are the proposed sign
specifics:
West Elevation:1 wall sign. Dimensions: 2’8 1/4” x 13’, Location: 38’2” above
ground level, immediately below the Holiday Inn sign.
South Elevation: 1 wall sign.Dimensions: 2’4 ½” x 11’ 6 ¼ ”, Location 11’ 7 ¼”
above ground level along first floor plate, west of front door.
No other changes are proposed to the building signage.
PUBLIC NOTICE REQUIREMENT:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the PD amendment was published in the Fort Worth
Star Telegram. Notice was also mailed to 37 property owners within 500 feet of the
subject property. To date no correspondence has been received.
Page 2 of 3
Planning and Zoning CommissionPage 113 of 159June 23, 2016
STAFF REVIEW AND RECOMMENDATION
:
The applicant is requesting that the building elevation specifications be clarified to show
the exterior window and doorframes and dividers to include the white colors already
identifiedin the existingspecification sheet, to which the approved building elevations in
the site plan set refer.
The applicant is also requesting approval of the signage for the new restaurant, to be
called “The Crooked Pint Ale House”.
With regard to the building elevation amendment request, staff yields to the discretion of
the Commission. However, should the Commission require that the door and window
frames and dividers be a dark color as shown on theapproved color elevations, staff
recommends that applicant provide new detail sheets specifying this changesuch that
detail sheets are consistent with the color elevations.
Staff recommends approval of the sign amendment request.
Attachments: Exhibit “A” –Architectural Detail Sheets A-6.01 through A-6.03
Exhibit “B” – Sign Plan Amendments
Exhibit “C” – Area Window Treatment Examples
Exhibit “D”–Location and Zoning Map
Page 3 of 3
Planning and Zoning CommissionPage 114 of 159June 23, 2016
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Area Window Treatment Examples—Hampton Inn
Exhibit C
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Area Window Treatment Examples—Baylor Medical
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Holiday Inn—View Taken on 6/15/2016
Exhibit C
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Town Boundary
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Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-338-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Discussion and recommendation regarding a request for a Specific Use Permit for on-premise alcohol
sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block
B, Trophy Wood Business Center located at 725 Plaza Drive. Case SUP-16-009.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingarequestforaSpecificUsePermitforon-premisealcoholsalesin
conjunctionwitharestauranttobeoperatedaspartofaHolidayInnHotel,onLot3R3,BlockB,TrophyWoodBusiness
Center located at 725 Plaza Drive. Case SUP-16-009.
Planning and Zoning CommissionPage 127 of 159June 23, 2016
STAFF REPORT
Planning and Zoning Commission
June 23, 2016
SUP-16-009: Holiday Inn SUP On-Premise Alcohol Sales
SUBJECT
:
Discussion and recommendation regarding a request for a Specific Use Permit for
on-premise alcohol sales in conjunction with a restaurant to be operated as part of a
Holiday Inn Hotel, on Lot 3R3, Block B, Trophy Wood Business Center located at
725 Plaza Drive.
REQUEST:
The applicant, James Ling with HulingEnterprises LLC, is requestingapproval of a
Specific Use Permit (SUP) for the sale of alcoholic beverages for on-premise
consumption for a restaurant inside the new Holiday Inn currently under construction at
725 Plaza Drive. The restaurant will be called “The Crooked PintAle House” and will
located inside the hotel.
According to the restaurant’s web site, www.crookedpint.com,the restaurant is described
as follows:
“You may call it “The Pint.” You might even call it “CP.” But what ever you call it,
Crooked Pint Ale House will soon be your favorite place to get together over a cold beer
and a hot meal. (Try one of our Lucys and you’ll be hooked for sure!)
Crooked Pint Ale House is a nouveau urban pub with the feel of a local neighborhood
restaurant. Crooked Pint offers a full menu and a generous selection of beer, quality craft
brews, wines, and spirits.
From the rough-sawn oak floors and classic pub furnishings and finishes, to the fresh
recipes and authentic smiles, everything at Crooked Pint is the real deal.
Families and friends as well as couples and groups will feel welcome and right at home
at Crooked Pint.
The menu features classic pub faire with nearly 60 choices for lunch, dinner, and
weekend brunch as well as kids’ menu selections.”
Page 1 of 2
Planning and Zoning CommissionPage 128 of 159June 23, 2016
According to the ground floor planincluded in the approved site plan for the hotel, the
restaurantfloor area will contain approximately 5,000 square feet and will be located on
the ground floor, south side of the hotel to the west of the main entrance.
DISTANCE REQUIREMENTS AND PROXIMITY INFORMATION:
The Trophy Club Code of Ordinances states that no alcoholic beverages may be sold
within three hundred feet (300’) of a church, public school or private school, or public
hospital.
The following measurements detail the proximity of the restaurant to the uses listed
below. All measurements are calculated based on a straight line drawn from the front
door of the restaurant to the closest point of the building mentioned below. For churches
and hospitals the required measurement method prescribed by the Code of Ordinances
would yield a significantly greater distance than is shown below:
Minimum separation of 300 feet required per Code of Ordinances:
Distance to closest school (public or private): 1.1miles (Walnut Grove
Elementary School –Carroll
ISD)
Distance to closest church: 4,000 feet (Lake Cities
Church of Christ)
Distance to closest hospital: 2,000 feet (Baylor Medical
Center)
No minimum separation required:
Distance to closest residence: 450 feet
PUBLIC NOTICE REQUIREMENT:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the PD amendment was published in the Fort Worth
Star Telegram. Notice was also mailed to 37 property owners within 500 feet of the
subject property. To date no correspondence has been received.
STAFF REVIEW AND RECOMMENDATION
:
Staff recommends approval.
Attachments: Exhibit “A” – Application
Exhibit “B” – Floor Plan
Exhibit “C”– Location and Zoning Map
Page 2 of 2
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Exhibit A
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Exhibit A
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Exhibit A
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2016
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Restaurant Floor Plan
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City of Southlake
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Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-339-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Discussion and recommendation regarding a request to install an electronic message board within a
new monument sign for Wonderland Montessori School located at 2500 Bobcat Boulevard, being
located in the PD-27 zoning district, Case ME-16-003.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
DateVer.Action ByActionResult
Discussionandrecommendationregardingarequesttoinstallanelectronicmessageboardwithinanewmonumentsign
forWonderlandMontessoriSchoollocatedat2500BobcatBoulevard,beinglocatedinthePD-27zoningdistrict,Case
ME-16-003.
Planning and Zoning CommissionPage 136 of 159June 23, 2016
STAFF REPORT
Planning and Zoning Commission
June 23, 2016
Special Sign Request: Electronic Sign for Wonderland
Montessori
SUBJECT
:
Discussion and recommendation regarding a request to install an electronic message
board within a new monument sign for Wonderland Montessori School located at
2500 Bobcat Boulevard, being located in the PD-27 zoning district.
EXPLANATION:
Marvin Utter, Razor Signs, on behalf of Sanjay Joshi, is requesting approval of an
electronic signto be placed within a newmonument sign for a new school to be called
“Wonderland Montessori Academy”.
Section 4.03(F)of the Sign Regulations in the Town’s Code of Ordinances requires any
installation of an electronic sign to obtain the approval of the Town Council upon the
recommendation of the Planning and Zoning Commission. The states specifically:
F. Changeable Electronic Variable Message SignCEVMS) 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 toconstruct 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.
Furthermore, the table in Section 4.09(C) of the regulations caps the maximum area of an
electronic at 50 square feet with a maximum height of four feet.
The following are the definitions for this type of sign in the regulations:
Changeable Electronic Variable Message Sign (CEVMS) Definition:
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
Page 1 of 3
Planning and Zoning CommissionPage 137 of 159June 23, 2016
such sign is in use, including light emittingdiode (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.
Electronic Message Board Definition:
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.
Given these definitions, an electronic sign may change messages and scroll messages
with no restrictions on animations as well. However, the sign cannot flash and cannot
create a safety hazard to passing vehicle traffic.
SIGN DETAILS:
The proposed electronic sign wouldbe 3’in height and 8’1” wide with a total area of
slightly over 24 square feetand would be placed within a new monument sign below a
new 13” x 8’1” marquee.
The Village Center regulations in the PD 27 ordinance do not specifically prohibit
CEVMS signs, nor do they address them. Section 2(e)2 states:
“Lighting: Signs shall generally be externally lit. Only individual letters and symbols
maybe internally lit. Neon signs shall be prohibited.”
Therefore the upper marquee cannot be internally lit. Given the legislative approval
required for any CEVMSsign, the Planning and Zoning Commission and Town Council
have full discretion as towhether the ordinance language above prohibits CEVMS signs
as well.
STAFF ANALYSIS AND RECOMMENDATION:
The sign regulations in the Code of Ordinances require any electronic sign to be approved
by the Town Council upon the recommendation of the Planning and Zoning Commission.
Other than the electronic sign request, the other elements of the sign, as proposed,
comply with the sign regulations in the Code of Ordinances and the PD 27 regulations.
Approval of the electronic sign request is at the complete discretion of the Planning and
Zoning Commission.
Attached is a survey of area municipalities and their specificregulations regarding this
type of signage. Staff has attached this survey should the Commission wish add any
conditions to the approval of this item.
The Planning and Zoning Commission’s options regarding action of this request are as
follows:
Page 2 of 3
Planning and Zoning CommissionPage 138 of 159June 23, 2016
1. Recommend approval of the request as submitted;
2. Recommend approval of the request with additional condition(s);
3. Table the agenda item to a specific date with clarification of intent and purpose;
4. Recommend denial of the request.
Attachments: Exhibit “A” – Application and Exhibits Provided by Applicant
Exhibit “B” – Village Center Regulations
Exhibit “C” – Area City Electronic Sign Survey
Exhibit “D”– Staff Exhibits and Location Maps
Page 3 of 3
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Exhibit A
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Exhibit B - PD 27 Village Center Regulations
J.Village Center:
1. Permitted Uses:
a. Bakery
b. Bank
c. Barber or beauty salon
d. Bookstores
e. Cafes with or without patio
f. Community Facilities to include libraries
g. Day Care
h. Day spa (hair salon, facial treatment, massages)
i. Dry cleaning and laundry (pickup/drop-off only)
j. Financial institutions
k. Florist (no outdoor storage)
l. Furniture sales (no outside sales or display)
m. Kindergarten
n. Municipal facilities to include Fire, Police, and EMS
o. Pet services including veterinarian (without outdoor kennels)
p. Professional and administrative offices
q. Religious Institutions
r. Restaurants
s. Schools, Private or Public
t. Specialty Shops
2. Architectural and Site Design Standards:
These design standards shall apply to all Permitted Uses except Day
Care, Kindergarten, Schools (Private or Public), and Religious
Institutions. These uses shall meet the Town of Trophy Club design
requirements.
Planning and Zoning CommissionPage 146 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
a. Building Walls and Roofs
1) An expression line shall delineate divisions between floors
of all buildings, and a cornice shall delineate the tops of
facades that do not utilize a pitched roof.
2) All buildings shall be designed such that no mechanical
equipment (HVAC, etc.) and satellite dishes are visible
from the public right-of-way or open space, whether the
equipment is located on the ground, exterior walls or the
roof. To screen rooftop mechanical equipment, other
appurtenances, and flat or built-up roofs, all structures
having a 6,000 square feet or less footprint shall be
constructed with a pitched roof. Those structures having a
footprint greater than 6,000 square feet shall be
constructed with either a pitched or parapet roof system
enclosed on all sides.
3) Mansard roofs and flat membrane-type roofs that are
visible from ground level are prohibited.
4) For retail storefronts, a transom, display window area and
bulkhead at the base shall be utilized.
5) Ground floor retail building plate heights should provide for
at least fourteen feet (14Ó) in height.
6) Generally, windows shall be oriented vertically.
Planning and Zoning CommissionPage 147 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
7) Columns and piers generally shall be spaced no farther
apart than they are tall.
8) Transparency:
i. Each floor of any building façade facing a park,
plaza or street shall contain transparent windows
covering from fifteen percent (15%) to seventy-five
percent (75%) of the façade area.
ii. In order to provide clear views of merchandise and
to provide natural surveillance of exterior street
spaces, the ground-floor along the retail storefront
facade shall have transparent storefront windows
covering no less than fifty percent (50%) of the
façade area.
iii. Entryways recessed at least four feet (4Ó).
b. Permitted Finishes:
1) At least eighty percent (80%) of the exterior of all new
buildings (excluding doors and windows) shall be finished
in one or more of the following materials:
i. Brick, stone, cast stone, or stucco.
ii. Split face concrete block, poured-in-place concrete,
and tilt-wall concrete. It is the intent that any use of
concrete products shall have an integrated color
and be textured or patterned. Tilt-wall concrete
structures shall include reveals, punch-outs, or
other similar surface characteristics to enhance the
façade on at least twenty percent (20%) of each
façade.
iii. Side facades and rear facades shall be of finished
quality and of the same color and materials that
blend with the front of the building. Rear facades
may be painted tilt-wall or painted block matching
the same color of the rest of the building if the rear
façade faces an alley or is not viewable from a
public street or right-of-way.
Planning and Zoning CommissionPage 148 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
2) To improve the pedestrian orientation, the ground floor of
commercial/retail buildings shall utilize a combination of
the following, unless otherwise approved by the Town:
i. Corbelling, molding, string coursing, ornamentation,
changes in material and color, or other sculpturing
of the base;
ii. Recessed windows or other techniques to
distinguish the windows in the façade such as
arches, pediments and mullions; and
iii. Entryways recessed at least four feet (4Ó).
3) The utilization of repetitive storefronts for ÐarchitecturalÑ
consistency is discouraged in order to maintain an
interesting street experience; although the utilization of
common architectural elements shall be considered to
facilitate a certain level of functional continuity.
c. Building Orientation and Pedestrian Site Design:
1) Any building (excluding parking garages and other
accessory buildings) viewed from a public right-of-way or
public open space shall either face such right-of-way or
open space, or shall have a façade facing such area in
keeping with the character of the front façade, including
the utilization of similar fenestration and materials.
2) Pedestrian Elements
To improve the walkability and access of commercial and
retail areas, the following are encouraged in the site design
of a project:
i. Patio/café seating areas
ii. Bicycle racks
iii. Continuous walkways linking stores
vi. Shade provided by building orientation, canopies
and/or trees
vii. Decorative Trash receptacles
Planning and Zoning CommissionPage 149 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
3) Parking Lot and Building Frontage Landscaping and
Design
i. A minimum of fifteen (15) square feet of
landscaping including tree islands for each parking
space shall be provided within the paved
boundaries of the parking lot, with the landscaped
areas protected by raised curbs except where
wheel stops are utilized at the front of parking
spaces along a landscaped median between
parking bays, and pavement no closer than three
feet (3Ó) from the trunk of trees.
ii. Landscaped islands of a minimum of five feet (5Ó) in
width and extending the entire length of the parking
stall generally shall be located at the terminus of all
parking rows and shall contain at least one three
inch (3Ñ) caliper tree consistent with the Tree List in
Section VI Î Development and Design Standards.
iii. Parking spaces shall be a minimum depth of 18
feet and a minimum width of 9 feet; to encourage
better shade patterns, parking bays shall be
separated by a minimum five foot (5Ó) wide
landscaped median (See illustration below), with
three inch (3Ñ) caliper shade trees planted every
thirty feet and wheel stops placed so as to allow the
front of vehicles to encroach over the landscaped
median without hitting the trees.
Planning and Zoning CommissionPage 150 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
iv. Foundation plantings are required for buildings or
groups of buildings greater than 40,000 square feet
and where the front building facade does not abut a
public sidewalk, including a 3.0 inch caliper shade
tree for every 10,000 square feet of gross building
area consistent with the Tree List as set forth in
Section VI. Small ornamental trees are permitted
on a ratio of 4 to 1 instead of 3.0 inch caliper shade
trees. This is intended to enhance the pedestrian
experience in front of larger buildings and to break
up large impervious surfaces between parking
areas and the building. Foundation planting trees
shall be planted within approximately 30 feet of the
front façade and are required in addition to any
street trees required herein. Tree grates shall be
utilized for trees planted less than four (4) feet back
of curb. Tree spacing shall not impede sign
visibility or pedestrian safety but shall be placed so
as to provide an effective shade environment in
front of the building.
d. Loading Areas and Trash Receptacles:
1) Loading and service areas shall be located at the side of or
in the rear of buildings. Every effort should be made to
reduce the need for segregated loading and service areas
by ensuring that deliveries are made off-hours. Such uses
as grocery stores, however, may require a loading dock
area. Where tractor/semi-trailer delivery may conflict with
Planning and Zoning CommissionPage 151 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
land uses on or adjacent to the site, then the following
standards shall be followed:
i. Loading and service areas shall be located at the
side or rear of buildings.
ii. Off-street loading areas shall be screened from
view of any street public open space or adjacent
property.
iii. Loading areas shall be enclosed on three sides by
a wall or other screening device not less than 10
feet in height.
iv. Loading areas shall not be located closer than 50Ó
to any residential lot, unless wholly within an
enclosed building.
v. Screening materials shall be comprised of a wall
that has a similar finish to the primary structure, or
a combination of trees and shrubs that will result in
solid screening within 2 years.
vi. However, when adjacent to a residentially zoned
district a screening wall with landscaping shall be
used.
2. Trash/Recycling Receptacles:
i. Commercial trash/recycling containers shall be
located on the side or rear of the building and
screened from public view.
ii. Such containers shall be located at least 50Ó away
from adjacent residential property lines.
iii. Such containers shall be screened on 4 sides,
’
using an enclosure that is 7 tall or of a height that
is a minimum of 1Ó above the top of the container,
whichever is taller. Screening shall be comprised of
brick, stone, reinforced concrete, or other similar
masonry materials that have a similar finish to the
primary finish; and all fence posts shall be rust-
protected metal, concrete based masonry or
concrete pillars.
Planning and Zoning CommissionPage 152 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
iv. 6Ñ concrete filled steel pipes shall be located to
protect the enclosure from truck operations.
v. Such container enclosures shall have steel gates
and tie-backs to secure them in an open position,
and fasteners to keep them closed.
vi. Screening shall be maintained at all times.
e. Signage
1) General: Signs shall be flat against the façade, projecting
from the façade or ground monument mounted. No signs
shall project above the façade unless approved as part of
a site plan as a Ðlandmark signÑ such as a theater marquee
or other special sign located in an prominent location and
intended to provide a special character to the district and
orientation to visitors.
2) Lighting: Signs shall generally be externally lit. Only
individual letters and symbols may be internally lit. Neon
signs shall be prohibited.
3) Finish Materials: Materials shall complement the
architecture of the building, and may include woodÏ
painted or natural; metalÏcopper, brass, galvanized steel;
painted canvas; paint; engraving directly on façade
surface; and brick or stone for monument signs.
4) Wall Signs:
i. One and a half (1.5) square feet of signage is
permitted for each linear foot of the primary facade
of the building, excluding wing walls. (E.g. a 100Ó
long building façade would allow for 150 square
feet of wall sign area on the building.)
ii. Only one building façade with a primary entrance
may be used to calculate wall signage.
iii. Wall signs may be placed on any face of the
building except if adjacent to a residential lot.
iv. Maximum area of any single sign mounted
perpendicular to a given façade shall not exceed 10
square feet unless it protrudes above the top of the
facade.
Planning and Zoning CommissionPage 153 of 159June 23, 2016
Exhibit B - PD 27 Village Center Regulations
v. Protruding or hanging signs shall maintain a
minimum clear height of eight (8) feet above the
sidewalk.
5) Monument Signs:
i. Monument signs up to eight (8) feet in height are
the only permanent freestanding signs allowed.
ii. Maximum area of a monument sign shall be 96
square feet per sign face. Monument signs may
have only two (2) sign faces.
iii. If a Commercial Neighborhood extends over 1000
linear feet, then one monument sign per 500Ó of
frontage is permitted. (E.g. a site with 1,000Ó or
more of frontage may have two (2) monument
signs, a site with 1,500Ó or more may have three (3)
signs, etc.).
iv. The structure of monument signs shall be
constructed of materials and colors utilized on the
primary buildingÓs faade.
v. Monument signs must be spaced a minimum of two
hundred fifty feet (250Ó) apart, unless approved
otherwise at Detailed Site Plan.
6) Parking: Retail and office uses shall meet the TownÓs
parking standards at the time of development.
Planning and Zoning CommissionPage 154 of 159June 23, 2016
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ng East on Bobcat Blvd.
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Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-341-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/15/2016 In control:Planning & Zoning Commission
On agenda:6/23/2016 Final action:
Title:Town Planner Updates; update on previous cases heard by the Commission; Discussion on current
Town development issues and development codes.
Attachments:
DateVer.Action ByActionResult
TownPlannerUpdates;updateonpreviouscasesheardbytheCommission;DiscussiononcurrentTowndevelopment
issues and development codes.
Planning and Zoning CommissionPage 159 of 159June 23, 2016