Agenda Packet P&Z 08/18/2016
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Planning and Zoning CommissionPage 3 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-462-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 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 signage plan for Bread Winners Cafe, on Lot 2R2, Block B,
Trophy Wood Business Center, located at 3000 State Highway 114. Case PD-AMD-16-051.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopmentDistrictNo.25in
ordertoapprovethesignageplanforBreadWinnersCafe,onLot2R2,BlockB,TrophyWoodBusinessCenter,located
at 3000 State Highway 114. Case PD-AMD-16-051.
Planning and Zoning CommissionPage 4 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-463-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending
Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and Section 14.02.252 - Sale
of Alcoholic Beverages in order to amend regulations regarding the sale of alcoholic beverages in the
Town. Case ADM-16-13.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingSection14.02.052-
GeneralDefinitions,Section14.02.103-UseTableandSection14.02.252-SaleofAlcoholicBeveragesinorderto
amend regulations regarding the sale of alcoholic beverages in the Town. Case ADM-16-13.
Planning and Zoning CommissionPage 5 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-464-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending
Section 14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance by creating a new
section to be called Section 14.02.356 - Solar Panel Systems in order to provide comprehensive
standards for the construction, placement and maintenance of solar panels in the Town. Case ADM-
16-14.
Attachments:
DateVer.Action ByActionResult
PublichearingregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingSection14.02.103-
UseTableandamendingArticle14.02-ZoningOrdinancebycreatinganewsectiontobecalledSection14.02.356-
SolarPanelSystemsinordertoprovidecomprehensivestandardsfortheconstruction,placementandmaintenanceof
solar panels in the Town. Case ADM-16-14.
Planning and Zoning CommissionPage 6 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-465-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 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 signage plan for Bread Winners Cafe, on
Lot 2R2, Block B, Trophy Wood Business Center, located at 3000 State Highway 114. Case PD-AMD-
16-051.
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.25inordertoapprovethesignageplanforBreadWinnersCafe,onLot2R2,BlockB,TrophyWoodBusiness
Center, located at 3000 State Highway 114. Case PD-AMD-16-051.
Planning and Zoning CommissionPage 7 of 153August 18, 2016
STAFF REPORT
Planning and Zoning Commission
August 18, 2016
PD-AMD-16-051: Bread Winners Cafe
Sign Package 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 signage
plan for BreadWinners Cafe, on Lot 2R2, Block B, Trophy Wood Business Center,
located at 3000 State Highway 114
REQUEST:
The applicant, Chandler Signs, is requesting approval of the sign package for the new
Bread Winners Caférestaurant located at 91 Trophy Club Drive. The restaurant is
currently under construction with completion tentatively scheduled for November 2016.
CURRENT CONDITIONS AND ZONING:
The subject property contains 2.05acres and is platted. The property is zoned PD 25.
The site plan packagewas approved by the Town Council on December 8, 2015 under
Ordinance 2015-44 P&Z (attached).However, the sign details were not complete at the
time of site plan consideration. Section B(6) of the PD 25 development regulations
contained in Ordinance 2002-41 P&Z states:
“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.”
Therefore, in order to comply with the above ordinance provisions, the applicant requests
approval of this item.
Page 1 of 3
Planning and Zoning CommissionPage 8 of 153August 18, 2016
SIGN PACKAGEDETAILS:
According to the attached sign package, the applicant proposes to construct three signs,
which include one roof sign on the west elevation (facing Trophy Wood Drive) and one
roof sign and one marquee, or “projecting”, sign on the south elevation (facing SH 114).
The PD 25 regulations do contain any specific sign design or performance criteria.
Therefore, in the absence of any specific criteria, the sign regulations contained in Article
3.09-Signs in the Code of Ordinances apply to all signs constructed in the PD 25 district,
unless approved otherwise as part of a PD amendment. Roof signs and
marquee/projecting signs are both explicitly prohibited under Section 3.09.015 –
Prohibited Signs in the sign regulations. The following are the definitions for each type:
“Roof Sign: Any sign supported by the roof of a building, painted on the
roof or eaves of a building, or placed above the apparent flat roof or
eaves of a building as viewed from any elevation.”
“Projecting Sign: A sign, except an awning, which projects from a
building, and has one end attached to a building or other permanent
structure, including but not limited to, a marquee sign.”
Proposed roof signage:
number of signs: two. South elevation sign dimensions: 7’ x 8’;
West elevation sign dimensions: 4’6” x 60’6”. The south elevation sign would consist of
a round logo with the restaurant name included on the logo. The west elevation sign
would include 3’1 5/8” high letters attached to a galvanized metal mesh stating “Bread
Winner’s Café”. Both signs would be internally illuminated.
Proposed marquee (projecting) signage:
number of signs: one.Sign Dimensions: 2’ 3
7/8” x10’; The sign would project out perpendicularfrom the building and state the
words “Quarter” referringto the Quarter Bar, that will operateas part of the restaurant.
Sign illumination would include neon, which is also prohibited by the sign regulations in
the Code of Ordinances, unless approved through a meritorious exception.
PUBLIC NOTICE REQUIREMENT:
Per the requirements of theState 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 21property owners within 200feet of the PD
25 district boundary. To date no correspondence has been received.
STAFF REVIEW AND RECOMMENDATION
:
The proposed sign package includes two roofsignsand one marquee (projecting) sign.
The proposed signage is prohibited by the Code of Ordinances. However, the
commercial sign regulations contained in the Code of Ordinances are written rather
conservativelyin order to preserve the aesthetic character of the Town. Additionally, the
commercial sign regulations were adopted simultaneous with the Town’s creation and,
subsequently, were written rather monolithically to address signage on multi-tenant lease
space without providing detailed standards fordetached single occupancy structures
Page 2 of 3
Planning and Zoning CommissionPage 9 of 153August 18, 2016
including churches andrestaurants, including thosewith unique themessuch as Bread
Winners Café.The NewOrleans style inspiration for the restaurant’s architectureis why
the roof sign and neon projecting sign are proposed for the restaurant. Given these
conditions, it should be noted that the requirementin the PD 25 regulations that the sign
planmust be approved as an amendment to the PD 25ordinance is in place precisely to
allow some legislative flexibility based on the type of building to which any signage
would be paired - to be reviewed on a case-by-case basis.
Staff recommends approval of the sign package.
Attachments: Exhibit “A” – Proposed Sign Package
Exhibit “B” – Approved Site Plan Package
Ordinance 2015-44 P&Z
Exhibit “C”– PD 25 Regulations Ordinance 2002-41 P&Z
Exhibit “D”– Location and Zoning Map
Page 3 of 3
Planning and Zoning CommissionPage 10 of 153August 18, 2016
Exhibit B
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-44P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS
CENTER, BY ADOPTING EXHIBIT “D” ENTITLED “TRACT 3
DEVELOPMENT PLANS ”, TO ADOPT EXHIBITS 3-1 THROUGH 3-6
TO EXHIBIT “D-3” FOR LOT 2R-2, BLOCK B, TROPHY WOOD
ADDITION (TRACT 3) AS SET FORTH IN IN EXHIBITS 3-1 THROUGH
3-6 TO EXHIBIT “D-3”; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDENTS TO ADOPT EXHIBITS 3-1
THROUGH 3-6 PROVIDING A FINAL DETAILED SITE PLAN, A
LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE
LINE STUDIES, AND A PHOTOMETRIC PLAN;PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN; PROVIDING APPLICABLE REGULATIONS;PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
the Town Council of the Town of Trophy Club, Texas (the “Town”),
WHEREAS,
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
on 2 December, 2002, the Town adopted Ordinance No. 2002-41
WHEREAS,
P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the
Comprehensive Zoning Ordinance, and amending the official zoning map of the Town
by changing the zoning on a certain tract of land described as a 16.0 acre tract of land
located generally to the North of State Highway 114, West of T.W. King Road, and
South of Hanna and Jamie Court, from its then current zoning of “CG”, Commercial
General, to PD Planned Development No. 25, Trophy Wood Business Center; and
the developer of Lot 2R-2, Block B, Trophy Wood Business Center
WHEREAS,
(Tract 3)has requested an amendment to PD-25 for the purpose of seeking approval of
a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight
Line Studies, Photometric Plan, for Lot 2R-2, Block B, Trophy Wood Business Center
(Tract 3)and such amendments are set forth herein and in Exhibits 3-1 through 3-6 to
Exhibit “D-3, entitled “Tract3 Development Plans”, and
Planning and Zoning CommissionPage 19 of 153August 18, 2016
Exhibit B
all legal notices, requirements and conditions having been complied
WHEREAS,
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
after public notices were given in compliance with State law and
WHEREAS,
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Ordinance No. 2002-41 P&Z as set forth in this Ordinance; and
after complying with all legal notices, requirements, and conditions,
WHEREAS,
a public hearing was held before Town Council at whichthe Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
he Town Council has determined that there is a necessity and need
t
WHEREAS,
for the change in zoning and that the proposed change is consistent with the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Exhibit “D-3” entitled “Tract 3 Development Plans” of Ordinance No. 2002-41
P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No.
25, Trophy Wood Business Center, is hereby adoptedto add the following regulations
relating to Lot 2R-2, Block B, Trophy Wood Business Center(Tract 3)and to
incorporate Exhibits 3.1 through 3.6to Exhibit “D-3” so that Exhibit “D” shall include the
following and shall also include Exhibits 3.1 through 3.6, and all other articles, chapter,
sections, paragraphs, sentence, phrases and words arenot amended but are hereby
ratified and affirmed.
LOT 2R-2, BLOCK B, TROPHY WOOD BUSINESS CENTER (TRACT 3):
A.Final Detailed Site Plan: A Final Detailed Site Plan for Lot 2R-2, Block B,
Trophy Wood Business Center (Tract 3)of this PD Planned Development,
and all parts therefore, is attached hereto as Exhibit “3.1”, “Final Detailed
Site Plan”, of Exhibit D-3, “Tract 3 Development Plans”, and incorporated
herein as if copied in its entirety. The Final Detailed Site Plan shall be
adhered to in carrying out the development of Lot 2R-2, Block B, Trophy
ORD 2015-44 P&Z Planning and Zoning CommissionPage 20 of 153August Page 2 of 12 18, 2016
Exhibit B
Wood Business Center (Tract 3) of the Land and compliance with each
and every part of such Final Detailed Site Plan shall constitute as a
condition precedent to the issuance of any building permit for Lot 2R-2,
Block B, Trophy Wood Business Center (Tract 3) of the land in the PD
PlannedDevelopment District.
B.Landscape Plan & Plant List:The landscape plan and plant list for Lot 2R-
2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned
Development are attached hereto as Exhibit “3.2”, “Landscape Plan and
Plant List”,ofExhibit D-3, “Tract 3 Development Plans”,and are
incorporated herein as if copied in their entirety.
C. Building Elevations.The building elevations for Lot 2R-2, Block B, Trophy
Wood Business Center (Tract 3) of this PD Planned Development are
attached hereto as Exhibit “3.3”, “Building Elevations”,of Exhibit D-3,
“Tract 3 Development Plans”,and are incorporated herein as if copied in
their entirety. Roof signage and wall signage shall be permitted as shown
on Exhibit “3.3”.
D. Site Line Studies.The site line studies for Lot 2R-2, Block B, Trophy
Wood Business Center (Tract 3) of this PD Planned Development are
attached hereto as Exhibit “3.4”, “Site Line Studies”,of Exhibit D-3, “Tract
3 Development Plans”,and are incorporated herein as if copied in their
entirety.
E. Photometric Plan.A photometric plan for Lot 2R-2, Block B, Trophy Wood
Business Center (Tract 3) ofthis PD Planned Development is set forth as
Exhibit “3.5”, “Photometric Plan”, of Exhibit D-3, “Tract 3 Development
Plans”,which is attached hereto and incorporated herein as if copied in its
entirety.
F. Retaining Wall and Fence Criteria.The wall surrounding the dumpster
enclosurefor Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3)
of this PD Planned Development is set forth as Exhibit “3.6”, “Retaining
Wall and Fence Criteria”,of Exhibit D-3, “Tract 3 Development Plans”,
which is attached hereto and incorporated herein as if copied in its
entirety.
G.All parking lot landscape islands shall meet the landscaping requirements
in the Code of Ordinances.
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
andregulations of the Town.
ORD 2015-44 P&Z Planning and Zoning CommissionPage 21 of 153August Page 3 of 12 18, 2016
Exhibit B
SECTION 4.
SAVINGSAND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinancewhether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect..Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
ON 5.
SECTI
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount notless than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
ORD 2015-44 P&Z Planning and Zoning CommissionPage 22 of 153August Page 4 of 12 18, 2016
Exhibit B
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
andenroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
by the Town Council of the Town of Trophy Club,
PASSED AND APPROVED
Texas, this 8thday ofDecember,2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-44 P&Z Planning and Zoning CommissionPage 23 of 153August Page 5 of 12 18, 2016
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Zoning
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and
Planning
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Town Boundary
2016
Trophy Club
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City of Southlake
August
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Commission
Town of Westlake
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Zoning
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-466-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Discussion and recommendation regarding amendments to the Town of Trophy Club’s Code of
Ordinances, amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and
Section 14.02.252 - Sale of Alcoholic Beverages in order to amend regulations regarding the sale of
alcoholic beverages in the Town. Case ADM-16-13.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amending
Section14.02.052-GeneralDefinitions,Section14.02.103-UseTableandSection14.02.252-SaleofAlcoholic
Beverages in order to amend regulations regarding the sale of alcoholic beverages in the Town. Case ADM-16-13.
Planning and Zoning CommissionPage 96 of 153August 18, 2016
STAFF REPORT
Planning and Zoning Commission
August 18, 2016
ADM-16-013: Alcoholic Beverage Amendments
SUBJECT
:
Amendments to the Town of Trophy Club’s Code of Ordinances, amending Section
14.02.052 – General Definitions, Section 14.02.103 –Use Table and Section 14.02.252
–Sale of Alcoholic Beverages in order to amend regulations regarding the sale of
alcoholic beverages in the Town
DETAILS:
On May 7, 2016, Trophy Club voters approved a local option referendum that allows
“The legal sale of all alcoholic beverages including mixed beverages”. The effect of this
enable
election was to the Town to allow a higher percentage of alcoholic beverage sales
to food sales ratio in restaurants and to allow stand-alone bars and taverns. Prior to the
election, restaurants could derive no more than 50% of their gross receipts from alcohol
sales, both by local option status and by Town ordinance. Since the change in local
option status merely enables the Town to allow this, the Town’s alcoholic beverage
regulations would have to be to be amended to actually allow sales of over 50%.
Current Alcohol Status:
Trophy Club, given its local option status, is currently enabled to allow and regulate the
sale of ALL legally permissible (under the Texas Alcoholic Beverage Code) alcoholic
beverages including on-premise (restaurants, bars, taverns) and off-premise (grocery
stores, convenience stores, liquor stores) sales. Current Town regulations allow
restaurants with alcoholic beverage sales, beer and wine sales for off-premise
consumption and liquor stores. All of these uses require the approval of a Specific Use
Permit by the Town Council, upon the recommendation of the Planning and Zoning
Commission,prior to any issuance of the certificate of occupancy. Bars and taverns are
not permitted under the current regulations.
Town CouncilDirection:
On July 12, 2016 the Town Council directed staff to draft specific regulations related to
the Town’s new local option status. Given that the alcoholic beverage regulations are
contained in the zoning regulations of the Code of Ordinances, this requires approval by
the Planning and Zoning Commission prior consideration by the Town Council.
Page 1 of 3
Planning and Zoning CommissionPage 97 of 153August 18, 2016
ProposedAmendments:
Staff performed a detailed review of the Town’s alcoholic beverage recommendations
and the following is a summary of the proposed amendments (detailed mark-ups are
attached).
Sec. 14.02.052 Generaldefinitions(zoning regulations).
The definition of a
restaurant is amended to allow alcohol sales up to 75% of gross receipts. A
definition of a bar/tavern is also added.
Sec. 14.02.103 Usetable.
Alcoholic beverage use allowances are updated in to
include bars and taverns. Language changes to provide for better consistency.
Sec. 14.02.252Sale ofalcoholicbeverages:
Section (a):Definitions –Restaurant and bar/tavern added.
Section (e):Specific Use Permit –Changes include moving and modifying
language and the addition of regulations for bars and taverns,
which state:
i.A bar or tavern shall not be located closer than 500 feet to any
property used exclusively for religious, educational, live-in
healthcare or residential purposes. The method of
measurement shall be from the closest point of the property line
whereupon the bar or tavern is located to the closest point of
the property used exclusively for religious, educational, live-in
healthcare or residential purposes. A hotel shall not be
considered a residential use for the purpose of this section.
ii.The Town Council shall have full discretion to approve or deny
an SUP application for a bar or tavern and may impose any
reasonable condition deemed necessary by the Council,
including SUP expiration provisions, business name and
signage, and change of ownership requirements to ensure
community health, safety and welfare in approving a bar or
tavern.
Broader discretionary powers are granted to the Town
Council as well including the power to issue waivers and to
condition the approval of the SUP to the specific establish
owner, rather than the SUP running with the land, to
include the following proposed language:
Section H,page 11
- “Unless specified as a condition of
approval by the Town Council for an SUP, aspecificusepermit
issued for any alcoholic beverage sales under thisordinance
shall automatically expire upon a change in use of
the property, change of ownershipto the property
Page 2 of 3
Planning and Zoning CommissionPage 98 of 153August 18, 2016
and/or businessand/orupon the revocation,
termination or expiration of the certificate of
occupancy.”
Staff recommends that all existing SUP’s issued for on-
premise consumption be allowed to continue operations as
currently permitted. However, they shall be required to
apply for a new SUP in order to allow a percentage of
alcohol sales above 50% of gross receipts. The current
SUP’s allowing on-premise alcohol sales are as follows:
Trophy Club Country Club – 500 Trophy Club Drive
Vinny’s Italian Restaurant - 2003 SH 114, Suite 350
Fish and Knife - 2001 SH 114, Suite 190
Cristina’s Restaurant - 2003 SH 114, Suite 300
Bread Winners Café – 3000 SH 114
The proposed code language addressing existing
establishments is as follows:
Section k –Page 14 – “
Specific use permits in existence as of
October 11, 2016. For any establishment that was granted an
SUP for the sale of alcoholic beverages for on-premise
consumption prior to October 11, 2016 and said SUP has not
expired, said establishment shall not sell alcoholic beverages
such that the gross receipts from alcohol sales exceed 50 percent
all gross receipts from all sales by the establishment. A new
SUP must be granted by the town council in compliance with the
requirements of this section in order to increase any alcohol-to-
food-sales ratio for on-premise alcohol sales for any existing
establishment.”
Exemptions and allowancesfor private clubs are removed
from the regulations.
STAFF RECOMMENDATION
:
Staff recommends approval of the proposed amendments.
Attachments: Exhibit “A” – Proposed amendment mark-ups
Exhibit “B” – Local municipal survey of alcoholic beverage
regulations related to on-premise percentage
requirements
Page 3 of 3
Planning and Zoning CommissionPage 99 of 153August 18, 2016
Exhibit A
Sec. 14.02.052Generaldefinitions
Bar / Tavern - An establishment that derives 75 percent or more of the establishment’s gross
revenue from the on-premise sale of alcoholic beverages.
Restaurantorcafe. An establishment building or portion of a building,where the primary
businessisthe on-premisessaleofpreparedfood,withadequatefacilitiesforthepreparation of
thefoodto be sold, the adequacy of saidkitchenfacilitiesto be basedupon the seatingcapacity
of the restaurantandthetype of menuoffered. Said establishment .
may serve alcohol with avalid Texas Alcoholic Beverage Commission License as long as the
establishment derives less than 75 percent of its gross revenues from alcohol sales and includes
all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
Planning and Zoning CommissionPage 100 of 153August 18, 2016
Exhibit A
Restaurantwithalcoholicbeveragesales. A restaurant or eatingestablishmentwherealcoholic
beveragesaresoldwhosegrosssalesin the townfrom food on anannualbasisatthelocation
representat leastsixtypercentoftotalsales.
Sec. 14.02.103Usetable
The followingtablepresentsthezoningdistrictclassifications and the permittedandconditional
uses withinthoseclassifications:
Denotesaprohibited use
Denotesapermitteduse by right
P
Denotes of \[a\]conditionaluse permitrequired
C
Denotesaspecificusepermitrequired
S
DistrictClassifications
PermittedUses
R-15R-12R-11R-10R-9R-8R-FVR-TTR-OHR-OHPR-SMHCGCRNSPOGU
(g) RETAIL
Alcoholic Beverage Sales
for Off-Premises
S S S S S
Consumption (Beer &
Wine Only)
Alcoholic Beverage Sales
for Off-Premises
S
–
Consumption Liquor
(Package) Store
Alcoholic BeverageSales
for On-Premise
Consumption in
S SSSS
Conjunction with a
Restaurant use
Alcoholic Beverages for
On-Premise Consumption
S S
- Bar or Tavern
Beerandwine sales(off-
SSSSSS
premisesconsumption
only)
LiquorstoreS
Restaurantw/alcoholic
C C
C
beverage sales
Sale ofmixedbeveragesin
restaurantsbyfoodand
beverage certificateholders
S S S S S
S
only
Planning and Zoning CommissionPage 101 of 153August 18, 2016
Exhibit A
Sec. 14.02.252Sale ofalcoholicbeverages
(a)Definitions.Forthepurposes of thisordinance,thefollowingdefinitionsshallapply unless
the contextclearlyindicates or requires a differentmeaning.
Alcoholicbeverage.Alcohol,oranybeveragecontainingmore than one-halfof one percentof
alcohol by volume,which iscapableofuseforbeveragepurposes,eitheralone or whendiluted.
Applicant. A personwhosubmits or filesanoriginal or renewalapplicationwith the town, the
county judge, ortheTexasAlcoholicBeverageCommissionforalicenseorpermit.
Bar / Tavern - An establishment that derives 75 percent or more of the establishment’s gross
revenue from the on-premise sale of alcoholic beverages.
Beer. A maltbeveragecontainingone-halfofonepercentormoreofalcohol by volume and not
more than fourpercentofalcohol by weight, and does not include a beveragedesignated by label
or otherwise by anameotherthanbeer.
Commission. The TexasAlcoholicBeverageCommission.
Licensee. A personwhois the holder of a license provided in the TexasAlcoholicBeverage
Code,asamended,or any agent,servant,oremployee of thatperson.
Liquor. Anyalcoholicbeveragecontainingalcoholinexcessof four percentbyweight,unless
otherwiseindicated.Proofthatanalcoholicbeverageisalcohol,spiritsofwine,whiskey,liquor,
wine,brandy,gin,rum,ale,maltliquor,tequila,mescal,habaneroorbarreteago,isprimafacie
evidencethatitisliquor.
Liquor (Package)store. A businessthatsellsalcoholicbeveragesfor consumption off-
premises.Forthepurposes of thisordinance,theterm“liquorstore”shallexcludegrocery
storesorconveniencestoresinwhichbeerand/orwineisofferedforsaleas a minorpartofan
overalllargerinventory of goods.Itshallalsoexclude a restaurantthatisotherwiseoperating
inaccordancewithitsapprovedliquorlicense and allotherprovisionsof thisordinance.
Planning and Zoning CommissionPage 102 of 153August 18, 2016
Exhibit A
Mixedbeverage.Oneormoreservingsof a beveragecomposedinwholeorpart of analcoholic
beveragein a sealedorunsealedcontaineror\[of\] any legalsizeforconsumption on the premises
whereservedorsold by theholder of a mixedbeveragepermit,theholderof a dailytemporary
mixedbeveragepermit,the holder ofacaterer’spermit,the holder of a mixedbeveragelatehours
permit,the holder of a privateclubregistrationpermit, or the holder of a privateclublatehours
permit.
Off-premises.Refersto the site of consumptionratherthanthesite ofsale and referstothesaleof
alcoholicbeveragesforoff-premises consumption.
On-premises.Refersto the site of consumptionratherthan the site of sale and refersto thesaleof
alcoholicbeveragesfor on-premises consumption.
Permittee. A personwhois the holderof a permitprovidedforintheTexasAlcoholicBeverage
Code,asamended,or an agent,servant, or employeeofthatperson.
Person. A naturalperson or association of naturalpersons,trustee,receiver,partnership,
corporation,organization,orthemanager,agent,servant, or employee of any of them.
Premises.Thegroundsandallbuildings,vehicles,andappurtenancespertainingto the grounds,
including any adjacentpremisesiftheyaredirectly or indirectly under thecontrol of thesame
person.
Privateschool. A schoolmaintained by privateindividuals,religiousorganizationsor
corporations,notatpublicexpense, and openonlytopupilsselected and admitted by the
proprietorsorgovernors, or to pupilsof a certainreligious\[religion\]orpossessingcertain
qualifications, and generallysupported,inpartatleast, by tuition,fees, or charges.
Publicschool. A schoolestablishedunderthelaws of the state(andusuallyregulatedinmatters
of detail by localauthorities),inthevariousdistricts,counties, or towns,maintainedatthepublic
expense by taxation, and open, usuallywithoutcharge,to the childrenofalltheresidents of the
city,townorotherdistrict.Schools belonging to the publicandestablishedandconductedunder
publicauthority.
Restaurant. An establishment where the primarybusinessisthe on-premisessaleofprepared
food,withadequatefacilitiesforthepreparation of the food tobesold,theadequacy of said
kitchenfacilitiesto be basedupon the seatingcapacity of the restaurantandthetypeofmenu
offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage
Commission License as long as the establishment derives less than 75 percent of its gross
revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area,
restrooms and lobby. A placelocatedin a permanentbuildingprovidedwithspace and
accommodationswherein,inconsiderationofthepayment of money, hot mealsarehabitually
prepared,sold,andservedat noon andevening,astheprincipalbusiness of theplace.The
term does notincludepharmacies,confectionerystores,lunchstands,nightclubs, and filling
stations.
Wine and vinousliquor. Theproductobtainedfromthealcoholicfermentationofjuiceofsound
ripe grapes,fruits,berries,orhoney, and includeswinecoolers.
(b)Prohibitedsales. The saleofbeeralcoholic beveragesisnotallowedinareaszonedfor
residentialuse,including but notlimitedtoPDPlannedDevelopmentDistrictsapproved
exclusively for residentialuses.Exceptasotherwisespecificallyallowed by the Texas
Planning and Zoning CommissionPage 103 of 153August 18, 2016
Exhibit A
AlcoholicBeverageCommission or asotherwise provided herein, no alcoholicbeveragesmay
be sold withinthreehundredfeet (300') of a church,publicschoolorprivateschool,orpublic
hospital.Measurementofsuchdistanceshall l
Planning and Zoning CommissionPage 104 of 153August 18, 2016
Exhibit A
be inaccordancewiththeterms of thisordinanceandtheTexasAlcoholicBeverage Code, as
amended.
Statelawreferences–
Authorityofcitytoprohibitsaleinresidentialareas,V.T.C.A.,AlcoholicBeverage
Code, secs.109.31,109.32; salesnearchurch,school orhospital,V.T.C.A.,AlcoholicBeverageCode, sec.
109.33.
(c)(b)Permits.
(1)Feesestablished.Theannualpermitfeeforissuing a licenseorpermittooperate,
conduct,andmaintain a businessestablishmentsellingalcoholicbeveragesinthe
town is:
(A)Forstoreswithbeer and winesalesforoff-premises consumption only, and,
exceptasspecificallyexemptedherein, forlocationswith mixedbeverage
permits,thepermitholdershallpay afeeequaltoone-half(1/2)ofthestatefee
for suchlicenseandpermitineffectatthetime of theinitialpermitapplication
or renewal for theannualpermit,asapplicable.Suchfeeshallbeinadditionto
any applicablefee for afood and beveragecertificate.
(B)Exemption. A mixedbeveragepermitisexemptfrom the payment of thefee
imposed by thissubsection during the three-yearperiodfollowing the issuance
of thepermitasspecifiedin the TexasAlcoholicBeverageCode.
(C)Payment of fees.
(i)Term. Thepermitfeeshallbecollectedwhentheapplicationforsuch
permitissubmitted.Thispermitshallbevalidonly for oneyear(365
days)from the date of itsissuance, and ifissuedduring the calendaryear,
the feeshallbecollectedinfullwithoutreductionandshallberenewed
by the applicantannuallythereafter during the timethatsuchapplicantis
engagedinthebusiness of sellingalcoholicbeverageswithin the town.
Permitapplicationsshall be filedwiththeplanning and zoning
coordinator.
Statelawreferences–
Localfeeauthorizedonalcoholicbeveragepermits,V.T.C.A.,AlcoholicBeverage
Code,sec.11.38; local feeauthorizedonalcoholic beveragelicenses,V.T.C.A.,AlcoholicBeverageCode,
sec.61.36.
(d)(c)Zoning compliancerequired. Nopermitshallbegrantedunder the terms of thisordinance
unless the locationatwhichthebusinessissoughttobeestablishedandmaintainedas\[is\] a
permitteduseunder the comprehensivezoningordinance of thetownas of or aftertheeffective
date thereof.
(e)(d)Businesshours.Itisunlawfulfor any persontosell,offerforsale,ordeliver any beer,
wine, orliquor,exceptwithinthosehoursasprescribedin theTexasAlcoholicBeverage Code, as
amended,including but notlimitedtochapter105oftheTexasAlcoholicBeverageCode,as
amended.
Planning and Zoning CommissionPage 105 of 153August 18, 2016
Exhibit A
(f)(e)Specificusepermit(SUP).
(1)SUPrequired. Exceptasspecifically provided herein, no personsshallmanufacture,
sell,offerforsale,distribute or engagein any other activity for which a permit or
licenseisrequired by the TexasAlcoholicBeverageCodewithin the townwithout
firstobtaining a specificusepermitto do sofrom the town. Alloftheprovisions of
the specificusepermitprocedureshallapplyasperthetown’scomprehensivezoning
ordinance,asamended.In the eventof a conflictbetweenthegeneralregulations
governingspecificuse permits and theprovisionscontainedin thissection, the
provisions ofthissectionshallcontrol.
(2)SUPapplication.In order for a persontoengageinthesaleofalcoholicbeverages, a
formalapplicationfor a SUPshallbefiledwiththeplanning and zoningcoordinator
withtheappropriatefeeestablished by the town.Theplanningandzoning
coordinatorshallprocesstheapplication by submittingto the planning and zoning
commissionfortheirreview and recommendationtothetowncouncilforapproval or
disapproval. The towncouncilwillconsiderandapprove or disapprovethegranting
of aSUPfor the sale of alcoholicbeverages.
(3)ComplianceRequired - On-premisessaleandconsumption.Compliancewithtown
codesandordinances\[isrequired\]for on-premisessale and consumption of alcoholic
beveragesasfollows:
(A)Beerandwineonly.Alcoholic Beverage Sales for Off-Premises Consumption
(Beer & Wine Only). A building utilizedfortheretailsaleofbeerand/or
wineforoff-premisesconsumptiononlyshall be inspected and shall comply
withallapplicablelocalregulations,includingbut not limitedto building
codes,fire codes, plumbingcodes,electricalcodesand ordinances.
(B)Alcoholic Beverage Sales for Off-Premises Consumption – Liquor (Package)
Store.The following provisions shall be required for liquor (package) stores:
i. A liquor(package)storeshallnothavewalk-up window access,
and shallnothavedrive-through or drive-up access.
ii. A liquor(package) storeshalloperateinpremisesthat
arenotphysicallycompletelyseparatefrom any otherbusiness
and theexteriordesignofthestoreshall show evidence of
coordinationwithcontextualinfluences of neighboring
propertiesinregardto building setbacks,orientation,and
relationshipofstructures toeachotherandtothestreet. The
layout of thesiteshallrespectandbuild upon thearrangement
of buildings,openspacesandlandscapeelementsofadjacent
sites.
(A)
(C)Mixedbeverages by food andbeveragecertificate holders.Alcoholic Beverage
Sales for On-Premise Consumption in Conjunction with a Restaurant Use. A
restaurantbuildingutilized for theretailsaleofalcoholicmixedbeveragesfor
on-premisesconsumptionshallbeinspected and shallcomplywithall
applicablelocalregulations,includingbutnotlimitedtobuilding codes, fire
codes,plumbing codes, electricalcodesandordinances.
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Exhibit A
(D)Alcoholic Beverages for On-Premise Consumption - Bar or Tavern.A bar or
tavernshallbeinspected and shall comply withallapplicablelocal
regulations,including but not limitedto building codes,firecodes,plumbing
codes,electricalcodesand ordinances. The following additional provisions
shall be required for bars or taverns:
i.A bar or tavern shall not be located closerthan 500 feet to any
property used exclusively forreligious,educational, live-in
healthcare orresidential purposes.The method of measurement
shall be from the closest point of the property line whereupon the
bar or tavern is located to the closest point of the property used
exclusively for religious, educational, live-in healthcare or
residential purposes. A hotel shall not be considered a residential
use for the purpose of this section.
(B)ii.The Town Council shall have full discretion to approve or deny an
SUP application for a bar or tavern and may impose any
reasonable condition deemed necessary by the Council, including
SUP expiration provisions,business name and signage, and
change of ownership requirementsto ensure community health,
safety and welfare in approving a bar or tavern.
(C)(E)Procedurespriortoissuance of permit.Before any certificationfrom the
TexasAlcoholicBeverageCommission or otherdocumentation of approvalis
signed by the townrepresentative,suchcertificate or documentationshall
besubmittedtotheplanningandzoningcoordinatortoassure:
(i)Thattheapplicationcomplieswithallprovisionsofthisandall
applicableordinances;
(ii)That a SUPapplicationisofficiallyfiledwith the payment of applicable
fees;
(iii)Thatproofissubmittedthat a representative of theTexasAlcoholic
BeverageCommission has approvedthesubmittal of anapplicationfor
license;and
(iv)Thatthechief of police/directorofpublicsafety has reviewed the SUP
application..
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Exhibit A
(4)Additional development conditions/waivers.Thecouncilmayattachadditional
developmentconditions, or grant specific waivers to applicable code requirements,to
the specificusepermitthat the council,initsdiscretion,determinesareappropriate
forbuffering,safety,security,andcompatibilityforand to adjacent properties.
(4)Compliance - Off-premisesconsumption.Compliancewithtowncodes and
ordinancesisrequiredforsaleofalcoholicbeveragesforoff-premisesconsumption
in a liquorstore, and thespecificusepermit(SUP)applicationshallshow
documentationofcompliancewiththefollowing:
(A)Liquor store.
(i)That a SUPapplicationfor a liquorstoreissubmittedinitsentirety,without
omissions; and
(ii)Thattheapplicationisofficiallyfiledwiththepaymentofapplicablefees;and
(ii)That the application complies with all provisions of this and all
applicableordinances;and
(iv)Thattheapplicationcomplieswith thefollowingdevelopmentconditions:
a.A liquorstoreshallnothavewalk-up window access,andshallnothavedrive-
through or drive-up access.
b.A liquorstoreshalloperateinpremisesthatarenotphysicallycompletely
separatefrom any otherbusiness and the exteriordesignofthestoreshallshow
evidence of coordinationwithcontextualinfluences of neighboringpropertiesin
regardto building setbacks,orientation,andrelationshipofstructures toeachother
andtothestreet. The layoutofthesiteshallrespectandbuild upon the arrangement
of buildings,openspacesandlandscapeelementsofadjacentsites.
(B)Additionaldevelopmentconditions.Thecouncilmayattachadditionaldevelopment
conditionstothespecificusepermitthat the council,initsdiscretion,determinesare
appropriateforbuffering,safety,security,andcompatibility for and to adjacent
properties.
(g)(5)CriteriaandprocessingofSUP. The followinggeneralconditionsapplytoall
specificusepermits(SUP)allowingthe sale of any alcoholic beverages: (i)thesale
of beerandwineforoff-premises consumption only, or (ii) the saleofalcoholic
beveragesforoff-premisesconsumptiononly,or(iii) the saleofmixed
beverages by food and beveragecertificate holders only:(Ordinance2011-17, sec.
2.05,adopted5/2/11)
(A)The applicantmustdesign and operatetheestablishmentforwhichanSUPis
soughtinsuch a mannerthattheproposeduseoractual use ofthe
premisesshallnotsubstantiallyincreasetraffic congestion or create
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Planning and Zoning CommissionPage 108 of 153August 18, 2016
Exhibit A
overcrowding intheestablishmentorin the immediatelysurroundingarea
(1).
(2)(B)The applicantmustcomplywithapplicablelicensing and permit
provisions of the TexasAlcoholicBeverage Code, asamendedfrom the
dateoftheissuanceof the SUP by the town council.
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Planning and Zoning CommissionPage 109 of 153August 18, 2016
Exhibit A
(3)(C)Asrequired, the applicantshallbeartheburdenof showing thatthe
establishment does notexceedthelimitation on grossreceiptsfromthesalesof
alcoholicbeveragesapplicabletoitslicenseandSUP.Theapplicantshall
maintainaccountingrecords of thesourcesofitsgrossrevenue and allow
thetowntoinspectsuchrecords during reasonablebusinesshours.
(4)(D)The applicantshalldemonstratethatthegranting of theSUPwouldnot
be detrimentalto the publichealth,safetyand/orwelfare of thecitizensofthe
town.
(5)(E)The applicantshall,atalltimes, provide an adequate number of employees
for securitypurposestoadequatelycontroltheestablishmentpremisesto
preventincidentsofdrunkenness,disorderlyconductandraucousbehavior.
Theapplicantshallconsultwiththechief of police/director of publicsafety
whoshallactinanadvisorycapacitytodetermine the number ofqualified
employeesnecessarytomeethis/herobligationhereunder.
(6)(F)The establishmentshallprovideadequateparkingspacestoaccommodateits
employeesandpatrons. Provided however,the number of parking spacesshall
never be lessthanthoserequiredforsimilarusesinthatzoningdistrict
where the establishmentislocated.
(7)(G)The applicantshalloperatetheestablishmentinsuch a mannerasto
preventexcessivenoise,dirt,litter and odorsintheestablishmentandinthe
surroundingarea and operatetheestablishmentinsuch a mannerasto
minimizedisturbancetosurroundingproperty owners and incompliancewith
allapplicabletownordinances and statelaws.
(8)(H)Unless specified as a condition of approval by the Town Council for an
SUP, aAspecificusepermitissuedfor any alcoholic beverage sales under this
ordinanceshall automatically expire upon a change in use of the
property, change of ownershipto the property and/or business
and/or upon the revocation, terminationor expirationof the
certificate of occupancy.runswith the property and isnotaffected by a
changeintheownerof\[or\]lessee of a permitted establishment;provided
however, thatthe owner orlesseetowhomthepremises has been
transferredshallwithinten(10)businessdaysofsuchtransfernotifythe
planning and zoningcoordinatorofsuchchangeinownership or controlof
the premisesforwhichthe SUPwasissued.
(9)(I)Allspecificusepermitsissued under thisordinanceshall be further
conditionedthat the samemay be discontinuedif the use forwhichtheSUP
wasgrantedceasesto be operatedatthepermittedlocationfor a minimum
period ofsix(6)continuous months, orasotherwiseprovidedforthe
revocation of SUPs,asoutlinedinthecomprehensivezoningordinance,as
amended.
(h)(6)DenialofSUP.Thetowncouncilmay deny anSUPifitaffirmativelydetermines
thattheissuance of such SUP:
(1)(A)Isincompatible with the surroundinguses orproperty; or
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Planning and Zoning CommissionPage 110 of 153August 18, 2016
Exhibit A
(2)(B)Isdetrimentaloroffensiveto the neighborhoodorcontrarytothehealth,
safety, and generalwelfare of thetownand itsinhabitants;or
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Planning and Zoning CommissionPage 111 of 153August 18, 2016
Exhibit A
(3)(C)Is found to be innoncompliancewiththe development conditions
outlinedin the “SUP Application–LiquorStore,”isfoundtobein
noncompliancewiththerequirementsestablishedby the towncouncil
pursuanttosubsection(f)(4)(B)ofthissection,oris found tobein
noncompliancewithany other townordinances,includingwithoutlimitation
failuretocomplywithany one or moreof the provisions of subsection(f)(4)
of thissection.
(i)(f)Methodsfordeterminingdistancemeasurement.
(1)Churchorpublichospital. Themeasurementofthedistancebetweentheplace of
businesswherealcoholicbeveragesaresold and a church or publichospitalshallbe
along thepropertylinesofthestreetfrontsandfromfrontdoorto frontdoor,and in a
directlineacrossintersections.
(2)Public or privateschool.Themeasurement of distancebetween the place of business
wherealcoholicbeveragesare sold and a publicorprivateschoolshallbe:
(A)In a directlinefrom the propertylineofthepublic or privateschooltothe
propertylineoftheplaceofbusiness, and in a directlineacrossintersections;
or
(B)If the permit or license holder islocated on orabove the fifth(5th)storyof a
multistorybuilding,in a directlinefrom the propertylineofthepublicor
privateschooltothepropertylineoftheplaceofbusiness,in a directline
acrossintersections,andvertically up the building at the propertylinetothe
base ofthefloor on whichthepermit or licenseholderis located.
(j)(g)Exceptiontodistancerequirements.Uponreceipt of a request, the planningandzoning
commissionwillconsider and make a recommendationto the towncounciltoconsideran
exceptiontoreducethedistancerequirementcontainedinthis sectionsubsection(f)\[(b)\] above
and thetowncouncilshalltakefinalaction on suchrecommendationbaseduponthecriteria
specifiedhereinbelow.
(1)A planning and zoning commissionrecommendationtoreducethedistance
requirement and finalaction of the towncounciltoallowsuchreductionshallbe
based upon the following. The towncouncilmayallowanexceptionuponproof by
the applicantthathe/shemeetsthefollowingcriteria:documentedapprovalfrom
surroundingproperty owners withinthedistancerequirementsforwhichthe
exceptionissought;proof of preliminaryapprovalfrom the TexasAlcoholic
BeverageCommission; a determination by councilthattheenforcementofthe
regulationsin a particularinstanceis not inthebestinterestof the public;andafter
considerationof the health,safety and welfare of the publicandtheequitiesofsuch
regulation,thecouncildeterminesthattheexceptionisinthebestinterestof the
community.
(2)The towncouncilshallhave the authoritytograntanexceptionunderthissectionfor
temporaryspecialeventsafterreview and recommendation by the planning and
zoning commission.Forsuchevents,boththeplanning and zoningcommission and
the towncouncilshallconsider:hours of the event,impactonsurroundingarea;
estimated number ofparticipants;personalandpropertysecurity;duration and otherr
14-103
Planning and Zoning CommissionPage 112 of 153August 18, 2016
Exhibit A
health,safetyandwelfareconsiderationsasdeemedappropriateandnecessary by the town
council.
(3)Noexceptionmay be grantedhereunderexceptafter a publichearing for which
noticehasbeengiventoowners of realpropertywithin300feet(or1,000feetif
applicable)ofthelocation of the proposedbusinessor of the proposedlocation for
temporaryspecialevent.Suchnoticemust be givennotlessthanten(10)daysbefore
the datesetforhearing.
(3)
(k)Specific use permits in existenceas of October 11, 2016.For any establishment that was
granted anSUP for the sale of alcoholic beverages for on-premise consumption prior to October 11,
2016 and saidSUP has not expired, said establishmentshallnot sell alcoholicbeverages such that
the gross receipts from alcohol sales exceed 50 percent all gross receiptsfrom all sales by the
establishment. A new SUP must be granted by the town council in compliance with the
requirements of this section in order to increase any alcohol-to-food-sales ratio for on-premise
alcohol salesfor any existing establishment.
(k)ExemptionfromSUPprocessforexistingprivateclub operations. Allexistingbusinesses
that,asoftheeffectivedate of thisordinance,operateandhold a permitfrom the TexasAlcoholic
BeverageCommissiontooperateas a privateclub and thatoperatelegally under the town’s
comprehensive zoning ordinanceshall be allowedtocontinuewithoutobtaininganSUPfrom the
townas long as(i)thelocationof the businessdoes not change; and (ii) the type of businessor
the typeofusefrom the locationwithinthatzoningdistrictremainsthesame;and(iii)suchuse
continuestocomplywith allapplicableordinancesofthetown. Such establishmentsshall comply
withallotherrequirements of thisordinance and theordinancesofthe town, includingbutnot
limitedtothoseregulationsrelatingtopermitsandfees.Atthetime of application for a permit,
the applicantshallsupplyallpertinentinformationtotheplanningandzoningcoordinatorfor
registeringsuch usewiththe town asrequired by thisordinance.
(l)(h)Possessionor consumption prohibited in certainareas.
(1)Athleticfields,parks,orpublicareas.Itshall be unlawfulfor any persontopossess
an open alcoholicbeveragecontainer or consumeany alcoholicbeverageinany town
ownedorcontrolledathleticfield and allparkinglotsservicingsuchathleticfields
exceptasspecificallyapproved by the towncouncil,ordinance, or towncouncil
approvedpolicywhichgovernssuchconduct.Itshall be unlawfulfor any personto
possessan open alcoholicbeveragecontainer or consume any alcoholic beverage,as
defined by the TexasAlcoholicBeverageCodein any townownedorcontrolled
park,includingreservedarea(s)withinanypark,playground,recreationcenter or any
otherareainthetown owned orused by thetownanddevotedtoactiveorpassive
recreation,includingallplantedexpressways,allparkinglotsservicingparks and
publicareas,parkways,triangles,andtrafficislandsmaintained by the town exceptas
specificallyapproved by thetowncouncil,ordinance,ortowncouncilapproved
policy which governssuchconduct.
(2)Schools and schoolactivities.Itshall be unlawfulfor any persontopossessanopen
container or consume any alcoholicbeverage on a publicstreet,publicalley, or
publicsidewalkwithin1,000feetof the propertyline of a facilitythatis a public or
privateschool,including a parochialschool,thatprovidesall or any part of pre-
kindergartenthroughtwelfthgradein the buildingsor on thegroundsof any public
schoolinthetownlimitsorat any school-relatedactivityconductedwithin the town
limits.
(Ordinance2000-06,sec.XXXIV,adopted3/21/00;Ordinance 2004-10,sec.II,adopted3/1/04;
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Planning and Zoning CommissionPage 113 of 153August 18, 2016
Exhibit A
2006Code,ch. 13,sec.5.02;Ordinance2011-17, secs. 2.02–2.05, 2.07, adopted5/2/11)
14-103
Planning and Zoning CommissionPage 114 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-467-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Discussion and recommendation regarding amendments to the Town of Trophy Club’s Code of
Ordinances, amending Section 14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance
by creating a new section to be called Section 14.02.356 - Solar Panel Systems in order to provide
comprehensive standards for the construction, placement and maintenance of solar panels in the
Town. CAse ADM-16-14.
Attachments:P&Z Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandrecommendationregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amending
Section14.02.103-UseTableandamendingArticle14.02-ZoningOrdinancebycreatinganewsectiontobecalled
Section14.02.356-SolarPanelSystemsinordertoprovidecomprehensivestandardsfortheconstruction,placement
and maintenance of solar panels in the Town. CAse ADM-16-14.
Planning and Zoning CommissionPage 116 of 153August 18, 2016
STAFF REPORT
Planning and Zoning Commission
August 18, 2016
ADM-16-014: Solar Panel Regulations
SUBJECT
:
Amendments to the Town of Trophy Club’s Code of Ordinances,amending Section
14.02.103 – Use Table andamending Article 14.02 – Zoning Ordinance by creating a
new section to be called Section 14.02.356 – Solar Panel Systemsin order to provide
comprehensive standards for the construction, placement and maintenance of solar
panels in the Town
EXPLANATION:
On August 9,2016 the Town Council directed staff to move forward with amendments to
the Code of Ordinancesregarding the placement of solar panels in the Town. This
directionwas based on a review of draft amendments provided by staff at theAugust 9th
meeting. The proposed amendments were drafted in response to an initial directive
received from the Town Council in January 2016.
PROPOSED AMENDMENTS:
Currently there are no regulations that address solar panels in the Code of Ordinances.
The regulations that are most related to solar panels are the roof shingle standards
contained in Section 3.06 – Roofing Requirements. Staff proposes to place thenew
regulations in Section 14 – Zoning as the regulations havesignificant site and aesthetic
requirements similar to other zoning provisions. The proposed regulations read as
follows:
“Section 14.02.356 Solar Panel Systems - DRAFT
General purpose and description. The purpose of these regulations is to accommodate
solar panel systems in specific locations in the community while protecting the public's
health, safety and welfare, and to provide a permitting process for solar panel systems to
ensure compliance with the requirements and standards established in this section.
(a)Definitions. The following words and phrases shall have the meanings ascribed to
them in this section except where the context clearly indicates a different
meaning:
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Planning and Zoning CommissionPage 117 of 153August 18, 2016
1.Solar panel system means a combination of equipment and/or controls,
accessories, interconnecting means and terminal elements for the
collection, storage and distribution of solar energy. Solar panel systems do
not include individually powered outdoor solar lights, such as garden
lights, accent lights, security lights, or flood lights.
2.Roof mounted systems means a solar energy system affixed to a principal or
accessory building.
3.Ground mounted systems means a solar panel system with a supporting
framework that is placed on, or anchored in, the ground and that is
independent of any building or other structure.
(b)Roof mounted systems.The following regulations shall apply to all roof mounted
solar panel systems:
1.A roof mounted system shall not project above the ridgeline of a pitched, gabled
or gambrel roof and shall be parallel to the roofline. No roof mounted system
shall be installed greater than six (6) inches between the panel and roof. Solar
panels may not extendbeyondroofedges.
2.A roof mounted system shall not exceed the maximum height permitted within the
zoning district system is located within; if the system is to be located on a flat roof
such equipment shall be completely screened from public view with screening
which is the same as the architectural style of the main structure.
(c)Ground mounted systems.The following regulations shall apply to all ground
mounted solar panel systems:
1.Ground mounted systems shall not exceed eight feet in height.
2.Ground mounted systems shall not be located within the front yard and shall
comply with all zoning district setback and lot coverage requirements. Said
system shall not be located in, on or across a public easement unless
authorized in writing by the easement holder.
3.Ground mounted systems shall be located behind the principal structure on
the property and shall be screened such that the system is not visible from a
public or private street.
(d)General Regulations. The following general regulations apply to all solar panel
systems located within any district:
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Planning and Zoning CommissionPage 118 of 153August 18, 2016
1.Building Permit Required - A building permit must be obtained prior to the
construction or installation of a solar panel system. An application for building
permit must be accompanied by:
A. The appropriate permit fee as established in the Town’s Fee Schedule;
B. A site plan of the proposed solar panel system
C. A plan view layout of the proposed solar panel system clearly showing:
i. The location of the system;
ii. All components of the system;
iii. Distances to property lines;
iv. Identification of all easements and building setbacks;
v.Existing structures on the site;
D. Elevation drawings showing:
i. The design and height of the proposed solar panel system; and
ii. Detailed drawings of all System components.
E. A line drawing of the electrical components of the System in sufficient
detail to allow for a determination that the manner of installation
conforms to the National Electric\[al\] Code. This information is frequently
supplied by the manufacturer;
F. Standard installation drawings of the solar energy structure. An
engineering analysis of the system showing compliance with the adopted
building code and certified by a licensed professional engineer registered
in the State of Texas shall also be submitted. This analysis may be
supplied by the manufacturer. Wet stamps shall not be required.
2.Construction Standards - solar panel systems must be installed according to
the manufacturer’s recommendations and under the seal of a professional
engineer registered in the State of Texas. Additionally, all components of a
solar panel system shall comply with applicable state and local building
codes.
3. Primary Structure Required on Lot - A solar panel system may be erected on a
lot only after a primary structure has been constructed on the lot.
4. Signs - No advertising or other signs shall be allowed on a solar panel system.
5.Town Building Codes / Safety Standards - To ensure the structural integrity of
a solar panel system, the owner of such system must ensure that it is
maintained in compliance with all provisions of the Town of Trophy Club’s
building code and zoning regulations. If, upon inspection, the Town concludes
that a solar panel system fails to comply with such codes and regulations or
constitutes a danger to persons or property, then upon written notice to the
owner of the solar panel system, the owner may have thirty (30) calendar days
to bring such System into compliance with applicable standards. Failure to
bring such System into compliance shall constitute grounds for the removal of
the solar panel system at the owner’s expense. This notice requirement shall
not preclude immediate action by the Building Official as allowed by law if
public safety requires such action.
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Planning and Zoning CommissionPage 119 of 153August 18, 2016
6. Maintenance - A solar panel system shall be maintained at all times,
including, but not limited to, maintaining structural integrity and anchoring of
system components.
7.Removal of Unsafe Solar Panel System - Solar panel systems that have, due to
damage, lack of repair, or other circumstances, become unstable or pose a
danger of collapse shall be removed orbrought into repair within 30 days
following notice given by the Building Official. If the System is not made safe
or removed within 30 days of notification from the Town, the Town may
remove the solar panel system and place a lien upon the property for the costs
of the removal. However, the Building Official may order immediate action to
prevent an imminent threat to public safety or property.
8.Pre-existing solar panel systems and nonconforming uses. A solar panel
system operative prior to August 1, 2016 and which may not meet all the
regulations of this section shall be allowed to continue its present usage as a
non-conforming use and shall be treated as a non-conforming use in
accordance with this chapter. Routine maintenanceshall be permitted on the
existingsystem. New construction other than routine maintenance on an
existing solar panel system shall comply with the requirements of this article.
9.Solar panel systems shall not create a nuisance and shall be installed such
that any light source, including sunlight, is not reflected onto adjacent
properties creating a nuisance.
(e)Specific Use Permit. Any proposed system that fails to meet the minimum
requirements of this section may be authorized upon approval of a Specific Use
Permit (SUP). Any SUP for which an application is submitted under the authority
of this section shall be considered on a case-by-case basis and subject to the sole
discretion of the Town Council upon the recommendation of the Planning and
Zoning Commission. The SUP application shall meet all requirements for SUP
applications as specified elsewhere in this Chapter.”
The proposed regulations are written to allow solar panel systems through only the
issuance of a building permit provided the system meets all requirements of the
regulations. Otherwise, the applicant would be required to apply for a specific use permit
in order to have a system approved that did not meet the minimum requirements of the
regulations.The regulations seek to balance the aesthetic expectations of the community
while addressing the demand for individual solar systems given increasing energy costs
and current federal tax incentives.
SOLAR PANEL REGULATIONS IN OTHER MUNICIPALITIES:
Staffconducted a survey (attached) of local communities regarding their regulation of
solar panels. Out of ten local communities surveyed, four have specific solar panel
regulations while the others are like Trophy Club with no specific regulations.
STAFF / COUNCIL RECOMMENDATION
:
There are currently 12 homes with existing solar panels systems in the Town. Under the
proposed regulations, these homes would be able to keep and maintain their current
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Planning and Zoning CommissionPage 120 of 153August 18, 2016
systems and, additionally, would be able to replace them as well provided the system
complies with the new regulations.
Staff recommends approvalbased on the Town Council’s review of the draft regulations
contained herein and the subsequent directionreceived from the Town Council to
formally propose the amendments.
ATTACHMENTS
:
Exhibit A - Survey of Local Community Solar Panel Requirements
Exhibit B - Federal Tax Incentive Guidelines for Solar Panels
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Planning and Zoning CommissionPage 121 of 153August 18, 2016
Exhibit B
THE FEDERAL
INVESTMENT TAX CREDIT FOR SOLAR PV
Disclaimer
: This factsheet provides an overview and does not constitute professional tax advice or other
professional financial guidance. It should not be used as the only source of information when making
purchasing decisions, investment decisions, or tax decisions, or when executing other binding agreements.
WHAT IS A TAX CREDIT?
Atax credit is a dollar-for-dollar reduction in the amount of income tax you would otherwise owe. For example, claiming
a $1,000 federal tax credit reduces your federal income taxes due by $1,000.
WHAT IS THE SOLAR INVESTMENT TAX CREDIT?
The federal investment tax credit (ITC) is a tax credit that can be claimed on federal income taxes for 30% of the
cost of a solar photovoltaic (PV) system.1 (Other types of renewable energy are also eligible for the ITC but are
beyond the scope of this factsheet.)
The system must be placed in service during the tax year and generate electricity for a home located in the U.S.
A solar PV system must be placed into service before December 31, 2016, to claim the ITCthe tax credit
expires starting in 2017 unless it is renewed by Congress.
There is no maximum amount that can be claimed if the solar PV system was installed in or after 2009.
AM I ELIGIBLE TO CLAIM THE INVESTMENT TAX CREDIT?
You might be eligible for this tax credit if you meet all of the following criteria:
Your solar PV d i
generally means that construction was completed, your utility approved connecting the system to the grid, pre-
operating tests determined the equipment works, and you gained ownership of the system.2
The solar PV system is located at aresidential location in the U.S. (but not necessarily your primary residence).
You own the solar PV system (e.g., you purchased it with cash or through financing but are not leasing it or in
an arrangement to purchase electricity generated by a system you do not own).
The solar PV system is new
WHAT EXPENSES ARE INCLUDED?
Solar PV panels or PV cells used to power an attic fan (but not the fan itself)
Contractor labor costs for onsite preparation, assembly, or original installation, including permitting fees,
inspection costs, and developer fees
Balance of system equipment, including wiring, inverters, and mounting equipment
Sales taxes on eligible expenses
NC CLEAN ENERGY TECHNOLOGY CENTER MARCH 2015
Planning and Zoning CommissionPage 123 of 153August 18, 2016
Exhibit B
HOW DO OTHER INCENTIVES I RECEIVE AFFECT THE ITC?
For current information on incentives, including incentive-specific contact information, visit the Database of State
www.dsireusa.org
Incentives for Renewables and Efficiency website at .
REBATE FROM MY ELECTRIC UTILITY TO INSTALL SOLAR
Under most circumstances, subsidies provided by your utility to you to install a solar PV system are excluded from
income taxes through an exemption in federal law.When this is the case, the utility rebate for installing solar is subtracted
3
from your system costs before you calculate your tax credit. For example, if your solar PV system costs $21,000 and your
utility gave you a one-time rebate of $1,000 for installing the system, your tax credit would be:
0.3($21,000 - $1,000) = $6,000
PAYMENT FROM MY ELECTRIC UTILITY FOR RENEWABLE ENERGY CERTIFICATES
When your utility gives you an upfront incentive in exchange for future renewable energy certificates (RECs) or other
environmental attributes associated with the electricity generated, the payment likely will be considered taxable income.
4
If that is the case, the payment will increase your adjusted gross income (AGI), but it will not reduce the ITC.
REBATE FROM MY STATE GOVERNMENT
Unlike utility rebates, rebates from state governments generally do not reduce your tax credit. For example, if your solar
PV system and installation costs totaled $21,000 and your state government gave you a one-time rebate of $1,000 for
installing the system, your tax credit would be:
0.3$21,000 = $6,300
STATE TAX CREDIT
State tax credits for installing solar PV generally do not reduce federal tax credits and vice versa. However, when you
receive a state tax credit, the income you report on your federal taxes will be higher than it otherwise would have been
because you now have less state income tax to deduct. The end result of claiming a state tax credit is that the amount of
the state tax credit is effectively taxed at the federal tax level.
For example, the net percentage reduction for a homeowner in North Carolina who claims both the 35% state tax credit
and the 30% federal tax credit is calculated as follows, assuming a federal income tax rate of 25%:
0.30 + (1 0.25) (0.35) = 56.25%
Note that because reducing state income taxes increases federal income taxes paid, the two tax credits are not additive
(i.e., not 35% + 30% = 65%). For a $21,000 system, the total cost reduction in this example would be:
\[$21,000 0.30\] + \[$21,000 (1 0.25) (0.35)\]
= $6,300 + $5512.50
= $11,812.50
NC CLEAN ENERGY TECHNOLOGY CENTER MARCH 2015
Planning and Zoning CommissionPage 124 of 153August 18, 2016
Exhibit B
CAN I CLAIM THE ITC, ASSUMING I MEET ALL REQUIREMENTS,
R?
Yes. You do not necessarily have to be a homeowner to claim the tax credit. A tenant-stockholder at cooperative housing
corporation and members of condominiums are still eligible for the tax credit if they contribute to the costs of an eligible
solar PV system. In this case, the amount you spend contributing to the cost of the solar PV system would be the amount
you would use to calculate your tax credit. However, you cannot claim a tax credit if you are a renter and your landlord
installs a solar system, since you must be an owner of the system to claim the tax credit.
PV ON MY VACATION HOME (LOCATED IN THE U.S.)?
Yes. Solar PV systems do not necessarily have to be installed on your primary residence for you to claim the tax credit.
Note, however, that the residential ITC cannot be claimed when you put a solar PV system on a rental unit you own.
5
ED TO THE ELECTRIC GRID?
Yes. A solar PV system does not necessarily have to be connected to the electric grid for you to claim the ITC, as long as
it is generating electricity for use at your residence.
ARE ON MY PROPERTY, BUT NOT ON MY ROOF?
Yes. The solar PV panels located on your property do not necessarily have to be installed on your roof, as long as it is
generating electricity for use at your residence.
E (OR MY RESIDENCE IS ALSO USED FOR A COMMERCIAL
PURPOSE)?
Yes, but if the residence where you install a solar PV system serves multiple purposes (e.g., you have a home office or
your business is located in the same building), claiming the tax credit can be more complicated. When the amount spent
on the solar PV system is mostly used for residential rather than business purposes, the residential credit may be claimed
in full without added complications. However, if less than 80% of the solar PV system cost is a residential expense, only
the percentage tha
PV SYSTEM INSTEAD OF PAYING FOR IT UPFRONT? (IF SO,
HOW DO I TREAT INTEREST, ORIGINATION FEES, AND EXTENDED WARRANTY
EXPENSES?)
Yes. If you financed the system through the seller of the system and you are contractually obligated to pay for the full cost
of the system, you can claim the ITC based on the full cost of the system. Miscellaneous expenses including interest owed
on financing and origination fee and extended warranty expenses are not eligible expenses to include when calculating
your tax credit.
NC CLEAN ENERGY TECHNOLOGY CENTER MARCH 2015
Planning and Zoning CommissionPage 125 of 153August 18, 2016
Exhibit B
LS BUT HAVE NOT INSTALLED THEM YET?
installed.
OFF-SITE COMMUNITY SOLAR PROGRAM?
The answer depends heavily on your specific circumstances. The IRS states in Questions 25 and 26 in its
Q&A on Tax
that off-ITC under
Credits
some circumstances. However, community solar programs can be structured in a variety of ways, and even if you are
eligible for the tax credit, it may be difficult to claim due to other tax rules.
in a business that operates the community solar project. If your participation is limited to investing in the community solar
project and you do not participate in the operation of the project on a regular, continuous, and substantial basis, you are
constrained in taking advantage of the ITC because you are considered a
credit associated with a passive investment only be used against passive income tax liability, which only applies to income
generated from either a rental activity or a business in which the individual does not materially participate. Many
homeowners will therefore not have passive income against which the ITC can be claimed.
6
OTHER FREQUENTLY ASKED QUESTIONS
WHAT IF THE TAX CREDIT EXCEEDS MY TAX LIABILITY? WILL I GET A REFUND?
This is a nonrefundable tax credit, meaning you will not get a tax refund for the amount of the tax credit that exceeds your
tax liability. However, you can carryover any unused amount of tax credit to the next tax year.
CAN I USE THE TAX CREDIT AGAINST THE ALTERNATIVE MINIMUM TAX?
Yes. The tax credit can be used against either the federal income tax or the alternative minimum tax.
I BOUGHT A NEW HOUSE THAT WAS CONSTRUCTED T MOVE
IN UNTIL 2014. MAY I CLAIM A TAX CREDIT IF IT CAME WITH SOLAR PV ALREADY
INSTALLED?
Yes. Generally, you can claim a tax credit on the expenses related to the new solar PV system that already came installed
on the house for the year in which you moved into the house (assuming the builder did not claim the tax credit). For
example, you can ask the builder to make a reasonable allocation for these costs for purposes of calculating your tax
credit.
HOW DO I CLAIM THE ITC?
After seeking professional tax advice and ensuring you are eligible for the ITC, you can fill out and attach IRS
Form 5695
to your federal tax return (Form 1040 or Form 1040NR). Instructions on filling out the form are available at
.
http://www.irs.gov/pub/irs-pdf/i5695.pdf
NC CLEAN ENERGY TECHNOLOGY CENTER MARCH 2015
Planning and Zoning CommissionPage 126 of 153August 18, 2016
Exhibit B
WHERE CAN I FIND MORE INFORMATION?
ASK QUESTIONS
Internal Revenue Service, located at 1111 Constitution Avenue, N.W., Washington, DC 20224, and available by
phone at (800) 829-1040.
FIND RESOURCES
The federal statute and IRS guidance: 26 USC § 25D at
www.gpo.gov
www.irs.gov
Updated information on the current status of the ITC: Database of State Incentives for Renewables and Efficiency
e
www.dsireusa.org
Additional information, guides, and factsheets: Solar Energy Industries Association at
www.seia.org
Acknowledgements
T
his factsheet was prepared by Benjamin Inskeepand Autumn Proudlove of the NC Clean Energy Technology Center
team.
The NC Clean Energy Technology Center is a UNC System-chartered Public Service Center administered by the College of Engineering at North Carolina State
University.Its mission is to advance asustainableenergy economy by educating, demonstrating and providing support for clean energytechnologies, practices,and
policies. The Center provides service to the businesses and citizens of North Carolina and beyond relating to the development and adoption of clean energy
technologies.Through its programs and activities, including the SunShot Solar Outreach Partnership, the Center envisions and seeks to promote the development
and use clean energy in ways that stimulate a sustainable economy while reducing dependence on foreign sources of energy, andmitigating the environmental
impacts of fossil fuel use.
This material is based upon work supported by the U.S. Department of Energy under Award Number DEEE0003525.The guide was produced by the NC Clean
Energy Technology Center (formerly the NC Solar Center) with the support of the following team of organizations: ICLEI Local Governments for Sustainability;
International City/County Management Association (ICMA); Interstate Renewable Energy Council, Inc. (IREC); Meister Consultants Group, Inc. (MCG); Solar
Electric Power Association (SEPA); The Solar Foundation (TSF); American Planning Association(APA); and National Association of Regional Councils (NARC).
This guide was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe on privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Governmentor any agency thereof. The views and opinions of authors expressed herein do not necessarily state or
reflect those of the United States Government or any agency thereof.
ENDNOTES
1
26 U.S.C. § 25D
2
Guide to federal tax incentives for solar energy
Martin, K. (2013, September 9). (7.0 ed.). Retrieved from www.seia.org
3
26 U.S.C. § 136
4
Note: A Private
Internal Revenue Service. (2010, September 3). IRS private letter ruling 201035003. Retrieved from http://www.irs.gov/pub/irs-wd/1035003.pdf \[
Letter Ruling may not be relied on as precedent by other taxpayers.\]
5
used as a
located in the United States and
residence by the taxpayer
6
A guide to community solar: Utility, private, and non-
Coughlin, J., Grove, J., Irvine, L., Jacobs, J. F., Philips, S.J., Moynihan, L., Wiedman, J. (2010, November).
profit project development.
Retrieved from http://www.nrel.gov/docs/fy12osti/54570.pdf
NC CLEAN ENERGY TECHNOLOGY CENTER MARCH 2015
Planning and Zoning CommissionPage 127 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-468-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:TABLED ITEM: 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
Exhibit E.pdf
DateVer.Action ByActionResult
TABLEDITEM:DiscussionandrecommendationregardingarequestbytheNorthwestIndependentSchoolDistrictfora
temporaryusepermitinordertoallowaportableclassroombuildingatBeckElementarySchool,locatedat401Parkview
Drive. Case TUP-16-008.
Planning and Zoning CommissionPage 128 of 153August 18, 2016
STAFF REPORT
Planning and Zoning Commission
August 18, 2016
TUP-16-008: TABLED: Temporary Use Permit for Portable
Classroom401 Parkview Drive
SUBJECT
:
TABLED ITEM: 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
UPDATE:
This item was tabled by the Planning and Zoning Commission on June 2,
2016pending the final approval by the Town Council of amendments to thetemporary
use regulations in the zoning regulationsthat would allow the approval of the current
request. The Town Council approved the aforementioned ordinance amendments on
August 9, 2016. A copy of the newly amended temporary use regulations is attached.
The following is a chronology of this item:
5/17/2016: Application and request received from NISD to place a portable classroom
building at Beck Elementary;
6/2/2016: Planning and Zoning Commission (P&Z) considers both the request by the
applicant and the proposed potential regulations from staff that would
enable the Town to regulate the portable building.
6/2/2016: The P&Z votes to table both requests as follows:
-
The amendments to the temporary usestandards in Code of
Ordinances are tabled to a workshop for further discussion;
-
The NISD TUP request is tabled for future consideration by the P&Z
only after the Council adopts regulations concerning portable
classrooms.
6/23/2016: The P&Z conducts a workshop to discuss how to regulate portable
classrooms and other temporary uses. The P&Z directs staff to amend the
original potential amendments to the TUP regulations.
Page 1 of 4
Planning and Zoning CommissionPage 129 of 153August 18, 2016
7/12/2016: The Town Council reviews the above Planning and Zoning Commission
recommendations from the June 23, 2016 workshop and directs staff to
move forward with the amendments as recommended by the Planning and
Zoning Commission.
7/21/2016: The Planning and Zoning Commission considers and recommends
approval of the amendments to the temporary use regulations.
8/9/2016: The Town Council approves the final amendmentsto the temporary use
regulations.
8/18/2016: The Planning and Zoning Commission considers approval of a temporary
use permit for a portable classroom at Beck Elementary.
8/22/2016: NISD 2016/2017school year begins
8/23/2016: TownCouncil considers approval of a temporary use permit for a portable
classroom at Beck Elementarypending the recommendation of the
Planning and Zoning Commission on August 18, 2016.
REQUESTDETAILS:
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
401Parkview 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 proposed building was manufactured by Indicom, located
in Burleson Texas. This building willbe a dry installation and will not have water or
restroom facilities. This buildingwill 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 compliantramp to be constructed on-siteand the building will be connected by a
breezeway to the main building. A fence, material and height not specified, will be
constructed between the building and trail located behind the building.
Based on a statement at the August 9,2016 Town Council meeting from the NISD
Superintendent, NISD requests that the classroom be allowed to remain on the site fora
minimum of two years.
There are currently no portable classroom buildings located on any school campus in the
Town.
ANAYSIS OF REQUEST VERSUS NEW TUP REGULATIONS:
The followinganalysis is based on compliance with Section (a)8 in thenewly amended
temporary use provisions in the Code of Ordinances. Comments are shown in red italics:
Page 2 of 4
Planning and Zoning CommissionPage 130 of 153August 18, 2016
A.Prior to consideration, the applicant shall provide the proposed
color of the portable classroom building, which shall require the
final approval of the town council upon the recommendation of the
planning and zoning commission. Masonry shall not be a required
exterior wall material;At the time of this briefing no color
specifics have been provided.
B.Portable classroom buildings shall have breezeway and overhead
shelter connections to the main school building; The site plan
shows a breezeway connection to the main building. The proposed
breezeway must comply with all building code requirements.
C.Unless specified differently by the town council, a portable
classroom shall not be placed on any school property any longer
than one year from the date of approval by the town council;The
applicant is requesting that the building remain for two years.
D.Portable classroom buildings shall be connected to the fire alarm
system for the primary building as well as to the primary
building’s principal communication system; As noted above, the
building will be connected to a “stand-alone” fire alarm system
and will not be connected to the main system in the building.
According to the attached safety and securityplan, the building
will connected to themain building’s PA systemand portable
classroom teachers will each have radios as a method of
communication with the school.
E.Prior to occupancy, a portable classroom building shall be
inspected by the town. The town shall have the authority to
inspect the building at any time as determined by the town
manager or their designee;This requirement will remain in effect.
F.The portable classroom building shall be anchored in order to
withstand a severe wind event; To date, there have been no details
provided on a building anchoring system.
G.Portable classroom buildings shall adhere to the overall school
campus security plan such that an active shooter would not have an
additional advantage apart from the existing school security plan.
The Police Chief to review and approve the plan prior to
occupancy of the building;Attached is a safety and security plan
provided by NISD. A final review by the Police Chief will be
required prior to building occupancy.
H.Any other conditions as determined by the town council at final
approval.To date, based on the current submittal, final waivers
would be required for items A,C,D and F above.
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 Addition and is zoned CR-
Commercial Recreation.
Page 3 of 4
Planning and Zoning CommissionPage 131 of 153August 18, 2016
STAFF REVIEW AND RECOMMENDATION
:
The proposed portable classroom building would be located behind the school and is
proposed to be in place for a maximum of twoyears with any time extensions requiring
further legislative approval. Based on the recently amended temporary use permit
regulations, notwithstanding incomplete new application requirements given the timing
of the amendments, waivers are being requested to maximum time duration for the
building, building color, anchoring requirements and fire alarm integration with the main
building.
Staff recommends approval subject to any final conditions imposed by the Planning and
Zoning Commission.
Attachments: Exhibit “A” –Application
Exhibit “B” –Site Plan
Exhibit “C”–Safety and Security Plan
Exhibit “D” – Temporary Use Regulations as of 8/10/2016
Exhibit “E”– Location Maps and Aerial Exhibits
Page 4 of 4
Planning and Zoning CommissionPage 132 of 153August 18, 2016
Exhibit 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 CommissionPage 133 of 153August 18, 2016
2016
18,
August
Exhibit B
153
of
134
Page
Commission
Zoning
and
Planning
Exhibit C
Planning and Zoning CommissionPage 135 of 153August 18, 2016
Exhibit C
Planning and Zoning CommissionPage 136 of 153August 18, 2016
Exhibit C
Planning and Zoning CommissionPage 137 of 153August 18, 2016
Exhibit D
Section 14.02.251 – Temporary Uses (as amended on 8/9/2016)
(a) Permitted uses. The following uses, which are classified as temporary uses, may
be permitted for a period of time by the town council, 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)Community garage sales, by special privilege, see subsection(e) of this
section.
(2)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.
(3) Temporary sales of merchandise by nonprofit organizations.
(4) 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.
(5) 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 of not greater than one year. However, such
temporary use may be renewed annually.
(6) Construction office used temporarily by contractors during the constructionof
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.
(7) 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.
(8)Portable classroom buildings for a public school subject to the following
conditions:
A.Prior to consideration, the applicant shall provide the proposed color of the
portable classroom building, which shall require the final approval of the
town council upon the recommendation of the planning and zoning
commission. Masonry shall not be a required exterior wall material;
Planning and Zoning Commission Page 1 of 3 Page 138 of 153August 18, 2016
Exhibit D
B.Portable classroom buildings shall have breezeway and overhead shelter
connections to the main school building;
C.Unless specified differently by the town council, a portable classroom
shall not be placed on any school property any longer than one year from
the date of approval by the town council;
D.Portable classroom buildings shall be connected to the fire alarm system
for the primary building as well as to the primary building’s principal
communication system;
E.Prior to occupancy, a portable classroom building shall be inspected by the
town. The town shall have the authority to inspect the building at any
time as determined by the town manager or their designee;
F.The portable classroom building shall be anchored in order to withstand a
severe wind event;
G.Portable classroom buildings shall adhere to the overall school campus
security plan such that an active shooter would not have an additional
advantage apart from the existing school security plan. The Police Chief
to review and approve the plan prior to occupancy of the building;
H.Any other conditions as determined by the town council at final approval.
(9)Estate sales.An estate saleis a sale or auctionto dispose of a substantial
portion of the materials owned by a person. Estate sales shall not include
garage salesand shall not contain any items for sale that are visible from the
street. Only one estate sale shall be allowedper address in any oneyear
period. An estate sale shall only require the approval of the planning and
zoning administrator or their designee and shall only require the submission of
a temporary use permit application and fee.
(10) Any other temporary use not listed herein. Said unlisted use shall be
considered by the town council upon the recommendation of the planning and
zoning commission.
(b) Temporary use permit.Including the application requirements contained in
Section (e), apermit for the temporary use of any property for the above-listed
uses shall be secured from the town planning and zoning administrator prior to
such use, after approval by the town council and after payment of all applicable
fees.Final council approval shall be in the form of a resolution. Said resolution
may contain any conditions, or waivers to this section, imposed by the Council as
a condition of approval in order to ensure that said use is allowed and conducted
such that the community’s health, safety and welfare is protected.
(c) Time period.
(1) Except where provided herein, 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.
Planning and Zoning Commission Page 2 of 3 Page 139 of 153August 18, 2016
Exhibit D
(2) Any extension of the temporary use permit shall be issued by the town council
upon written request by the applicant.
(d) 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 bea 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.
(e)Application requirements.An application for a temporary use permit shall be
submitted a minimum of 30 days before the proposed use is to begin. At a
minimum, the application shall contain the following:
(1)A completed temporary use permit application to include the written
authorization of the property owner if the property owner is not the applicant;
(2)Payment of a temporary use permit fee;
(3)A detailed written description of the request including the proposed time
period for the temporary use;
(4)A site plan, drawn to scale, of the proposed location of the temporary use
including any site conditions such as parking, landscaping, screening,
setbacks, etc.;
(5)Pictures and/or architectural building elevations of any proposed buildings
and structures;
(6)Architectural and/or engineered specifications of any proposed buildings and
structures where applicable.
Planning and Zoning Commission Page 3 of 3 Page 140 of 153August 18, 2016
City of Southlake
2016
18,
August
Beck Elementary
Location of Proposed
Building
Location Map
Exhibit E
153
of
141
Page
Commission
Town Boundary
Zoning
City of Roanoke
Trophy Club
and
Planning
2016
18,
August
Beck Elementary
Location of Proposed
Building
Bird’s Eye View
Exhibit E
153
of
142
Page
City of Roanoke
Bread Winners
Site
Commission
Zoning
and
Planning
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-469-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Consider and take appropriate action regarding the P&Z Minutes dated 7-21-2016.
Attachments:MeetingMinutes 072116.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the P&Z Minutes dated 7-21-2016.
Planning and Zoning CommissionPage 143 of 153August 18, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Planning & Zoning Commission
______________________________________________________________________
July 21, 2016 7:00 P.M. Svore Municipal Building Boardroom
______________________________________________________________________
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Sheridan called the July 21, 2016, Planning and Zoning Commission workshopto order at 7:01
p.m. and announced a quorum present (6 members).
6 - Commissioner Windland, Commissioner Pipkins, Chairman Sheridan, Vice
Present:
Commissioner Pipkins, Chairman Sheridan,
Commissioner Pipkins, Chairman Sheridan,
Chairman Oldham, Commissioner Snell, Commissioner Baron
Chairman Oldham, Commissioner Snell, Commissioner BaronChairman Oldham, Commissioner Snell, Commissioner Baron
1 - Commissioner Windland
Absent:
STAFF PRESENT:
Ron Ruthven, Town Planner
Robbie Killingsworth,Recording Secretary
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Commission regarding an item over which the
) minutes to address the Commission regarding an item over which the ) minutes to address the Commission regarding an item over which the
Commission has policy or oversight authority as provided by Texas law, the ethics order, or other policy
Commission has policy or oversight authority as provided by Texas law, the ethics order, or other policy Commission has policy or oversight authority as provided by Texas law, the ethics
order, or other policy
order.
Chairman Sheridan asked if there were any public requests to speak. No public requests were turned in.
irman Sheridan asked if there were any public requests to speak. No public requests were turned in.irman Sheridan asked if there were any public requests to speak. No public requests
were turned in.
CONVENED INTO PUBLIC HEARING – START TIME – 7:03 P.M.
PUBLIC HEARINGPUBLIC HEARINGSTART TIME START TIME
– –
PUBLIC HEARING
2016-411-T TABLED ITEM: Public hearing regarding amendments to the Town of Trophy
TABLED ITEM: TABLED ITEM: Public hearing regarding amendments to the Town of Trophy Public hearing regarding amendments to the Town of Trophy
Club’s Code of Ordinances, amending Section 14.02.251 - Temporary Uses in order
Club’s Code of Ordinances, Club’s Code of Ordinances,
to add the use of portable classroom and provide for other amendments, Case
to add the use of portable classroom and provide for other amendments, Case to add the use of portable classroom and provide for other amendments, Case
ADM-16-012.
012.012.
Chairman Sheridan asked for the staff report.
Staff Report was given by Ron Ruthven, Town Planner.
Chairman Sheridan asked if there were any public requests to speak.
Sean Weaver, 109 Inverness, Trophy Club, TX 76262
PUBLIC HEARING – CLOSED at 7:09 P.M.
RECONVENED INTO REGULAR SESSION – START TIME – 7:10 P.M.
REGULAR SESSION
2016-412-T TABLED ITEM: Discussion and recommendation regarding amendments to the
Town of Trophy Club’s Code of Ordinances, amending Section 14.02.251 -
Planning and Zoning CommissionPage 144 of 153August 18, 2016
Temporary Uses in order to add the use of portable classroom and provide for
other amendments, Case ADM-16-012.
Chairman Sheridan asked for the staff report.
Staff Report was given by Ron Ruthven, Town Planner.
Chairman Sheridan asked if there were any public requests to speak.
Sean Weaver, 109 Inverness, Trophy Club, TX 76262
Chairman Sheridan asked for comments or questions from the commissioners.
Chairman Sheridan asked for a motion.
Motion by Chairman Sheridan, seconded by Vice Chairman Oldham to approve request subject to the
following mark-ups:
July 21, 2016 Minutes Page 2 of 7
Planning and Zoning CommissionPage 145 of 153August 18, 2016
July 21, 2016 Minutes Page 3 of 7
Planning and Zoning CommissionPage 146 of 153August 18, 2016
July 21, 2016 Minutes Page 4 of 7
Planning and Zoning CommissionPage 147 of 153August 18, 2016
July 21, 2016 Minutes Page 5 of 7
Planning and Zoning CommissionPage 148 of 153August 18, 2016
Motion by Commissioner Baron to amend motion as follows:
Strike item (17) B. of Sec.14.02.251
(17) Portable classroom buildingsfor apublic school subjecttothe
followingconditions:
B. Portableclassroombuildings shallcontainhave
breezewayandoverheadshelterconnections
tothe mainschoolbuilding;
Amended motion fails for lack of a second.
Motion by Commissioner Pipkins, seconded by Vice Chairman Oldham to amend motion as follows:
Delete “where possible” from item (17) D. of Sec.14.02.251
(17) Portable classroom buildingsfor apublic school subjecttothe
subjectsubjectto
the
followingconditions:
D.Where possible pPortableclassroombuildings
classroombuildings
shallcontain separate restroom facilities in each
ntain separate restroom facilities in each
portable classroom building;
portable classroom building;
Chairman Sheridan asked for a vote.
The motion carried by the following vote:
Aye: 5 Commissioner Ross, Commissioner Pipkins, Chairman Sheridan, Vice Chairman
Commissioner Ross, Commissioner Ross, Commissioner Commissioner
Oldham, Commissioner Snell
Oldham, Commissioner SnellOldham, Commissioner Snell
Against: 1 Commissioner Baron
Commissioner BaronCommissioner Baron
2016-413-T Consider and take appropriate action regarding the P&Z Minutes dated 06-02-2016.
Consider and take appropriate action regarding the P&Z Minutes dated 0Consider and take appropriate action regarding the P&Z Minutes dated 0
2016-414-T Consider and take appropriate action regarding the P&Z Minutes dated 06-23-2016.
Consider and Consider and take appropriate action regarding the P&Z Minutes dated 0take appropriate action regarding the P&Z Minutes dated 0
Chairman Sheridan asked for comments or corrections from the commissioners.
Chairman Sheridan asked for comments or corrections from the commissioners. Chairman Sheridan asked for comments or corrections from the commissioners.
Chairman Sheridan asked for a motion.
Motion made by Chairman Sheridan, seconded by Commissioner Baron, toapprove the P&Z Minutes
dated 06-02-2016 and the P&Z Minutes dated 06-23-2016.
Chairman Sheridan asked for a vote.
The motion carried by the following vote:
Aye: 5 Commissioner Pipkins, Chairman Sheridan, Vice Chairman Oldham,
Commissioner Snell, Commissioner Baron
Against: 1 Commissioner Ross (Commissioner Rossdid not vote)
July 21, 2016 Minutes Page 6 of 7
Planning and Zoning CommissionPage 149 of 153August 18, 2016
2016-415-T Town Planner Updates; update on previous cases heard by the Commission;
Discussion on current Town development issues and development codes.
Staff updates weregiven by Ron Ruthven, Town Planner.The following items were discussed:
Holiday Inn
Montessori School Sign
“deferred vs tabled”
PD-30 final plat is imminent
Hospital expansion
Restaurant coming to Trophy Wood Drive
Chairman Sheridan asked for comments orquestions from the commissioners.
Chairman Sheridan requested copies of staff review check lists.
ADJOURN
Chairman Sheridan asked for a motion.
Motion by Chairman Sheridan, seconded byCommissioner Rossto adjourn.
to adjourn.to adjourn.
The motion carried (6-0).
The meeting was adjourned at 8:22P.M.
_________________________________________________________
__________________________________________________
Dennis Sheridan, ChairmanRobbie Killingsworth, Recording Secretary
, Chairman, Chairman
Planning and Zoning CommissionCommunity Development
Planning and Zoning CommissionPlanning and Zoning Commission
Town of Trophy Club, TexasTown of Trophy Club, Texas
Town of Trophy Club, TexasTown of Trophy Club, Texas
July 21, 2016 Minutes Page 7 of 7
Planning and Zoning CommissionPage 150 of 153August 18, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-470-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/10/2016 In control:Planning & Zoning Commission
On agenda:8/18/2016 Final action:
Title:Town Planner Updates; update on previous cases heard by the Commission; Discussion on current
Town development issues, development codes and comprehensive planning.
Attachments:Development Report 8_5_2016.pdf
DateVer.Action ByActionResult
TownPlannerUpdates;updateonpreviouscasesheardbytheCommission;DiscussiononcurrentTowndevelopment
issues, development codes and comprehensive planning.
Planning and Zoning CommissionPage 151 of 153August 18, 2016
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