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Agenda Packet P&Z 02/19/2009Thursday, February 19, 2009 7:00 PM Svore Municipal Building Boardroom 100 Municipal Drive Trophy Club, TX 76262 Meeting Agenda Trophy Club Entities Planning & Zoning Commission CALL TO ORDER AND ANNOUNCE A QUORUM APPROVAL OF MINUTES 1. Review and approve minutes of the December 18, 2008 Planning and Zoning Commission meeting. Attachments: December 18, 2008.pdf REGULAR SESSION 2. Discussion and appropriate action relative to a Temporary Use Request for two Community Garage Sale Events granted by Special Privilege. Applicant: Mellany Gibbon, Chairperson, Trophy Club Women's Club Attachments: Garage Sale.pdf 3. Discussion and Recommendation Regarding a Request for Approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 2, Phase 1A, for a Period of Time of Not Greater than One Year. Applicant: Bill Durham, Gallery Custom Homes Attachments: Temporary Parking Lot.pdf PUBLIC HEARING 4. Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) Attachments: PD-27 Village Center Staff Report.pdf PD-27 Village Center Permitted Uses and Regulations.pdf Use Tables General Definitions Public Hearing Notice Property Owners Within 200-ft. Planning and Zoning Commission 1 of 65 Meeting Date: February 19, 2009 Planning & Zoning Commission Meeting Agenda February 19, 2009 REGULAR SESSION 5. Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) ADJOURN Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, February 13, 2009, by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary, Lisa Hennek 48 hours in advance at 682-831-4601 and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by the Town Council was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Planning and Zoning Commission 2 of 65 Meeting Date: February 19, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-80-T File ID: Type: Status: 09-80-T Agenda Item Regular Session 1Version: Reference: In Control: Planning & Zoning Commission 02/11/2009File Created: Final Action: *File Name: Title: Review and approve minutes of the December 18, 2008 Planning and Zoning Commission meeting. Notes: Sponsors: Enactment Date: December 18, 2008.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: chuggins@trophyclub.org History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 02/19/2009Planning & Zoning Commission Text of Legislative File 09-80-T Review and approve minutes of the December 18, 2008 Planning and Zoning Commission meeting. Planning and Zoning Commission 3 of 65 Meeting Date: February 19, 2009 TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES DECEMBER 18, 2008 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on December 18, 2008, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, and Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Sheridan Present (arrived 7:13 p.m.) Commissioner Forest Present Commissioner Ashby Absent Commissioner Davidson Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Steve Lenart Lenart Development Co., LLC Todd Webb K. Hovnanian Homes Matt Johnson Standard Pacific Homes Wes Homeyer Centex Homes A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:01 p.m. with a quorum (5 members) present. B.1 REVIEW AND APPROVE MINUTES OF THE NOVEMBER 20, 2008 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes of the November 20, 2008, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Davidson. Ayes: Davidson, Reed, Hill, Forest Nays: None Abstain: Stephens (absent on November 20, 2008) Action: 4-0-1, Approved C.1 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PD-PLANNED DEVELOPMENT DISTRICT NO. 27, KNOWN AS THE HIGHLANDS AT TROPHY CLUB, ORDINANCE NO. 2007-15 P&Z BY AMENDING EXHIBIT “B” – DEVELOPMENT STANDARDS, SECTION VI. DEVELOPMENT AND DESIGN Planning and Zoning Commission 4 of 65 Meeting Date: February 19, 2009 STANDARDS, “C” SCREENING AND FENCING. APPLICANT: HIGH TROPHY DEVELOPMENT, LLC REPRESENTED BY STEVE LENART, LENART DEVELOPMENT COMPANY, LLC (PD AMD-08-029) Chairman Hill opened the public hearing; no one wished to speak and the public hearing was closed. Several homeowners came in after the public hearing was closed and later in the meeting Chairman Hill allowed the homeowners to speak. Chris Kelly, under contract for 2208 Aberdeen, scheduled to close on December 23, stated that he would appreciate consideration for including more of his side yard within fencing. Tony English, future homeowner of 2240 Veranda, also stated that he would like some side yard enclosed within a fence which is not allowed by current regulations. D.1 DISCUSSION AND RECOMMENDATION REGARDING AN AMENDMENT TO PD- PLANNED DEVELOPMENT DISTRICT NO. 27, KNOWN AS THE HIGHLANDS AT TROPHY CLUB, ORDINANCE NO. 2007-15 P&Z BY AMENDING EXHIBIT “B” – DEVELOPMENT STANDARDS, SECTION VI. DEVELOPMENT AND DESIGN STANDARDS, “C” SCREENING AND FENCING. APPLICANT: HIGH TROPHY DEVELOPMENT, LLC REPRESENTED BY STEVE LENART, LENART DEVELOPMENT COMPANY, LLC (PD AMD-08-029) The Planning and Zoning Commission discussed this item for the next 90 minutes. The discussion is summarized: Ms. Huggins gave a staff report explaining that as homes are being completed and fencing is being installed at homes in The Highlands there are a couple of situations in which the developer would like to request amendments to PD-27 regarding fencing, specifically, side yard fencing along a side street which also involves key lots, as well as perimeter fencing. Ms. Huggins explained that there are approximately 1500 homes planned for The Highlands, of which 1298 are Lot Types 1 through 4. Of those, 642 lots have been platted. Of those, approximately 65 are corner lots that will have side yards along side streets. Key lots are lots that have a side build line which is the same as the front build line of adjacent lots. The side yard fencing should remain on the build line in order to not project beyond the front build line of adjacent lots. Commissioner Sheridan arrived at 7:13 p.m. The applicant, Steve Lenart, Lenart Development Company, 520 Central Parkway East, Plano, stated that this is a request to clarify the fencing requirements in the PD of The Highlands of Trophy Club. He stated that the goal is to clarify where the side yard fencing needs to sit and then, secondly, maximize the use of those lots and the value of those lots for the homeowners Planning and Zoning Commission 5 of 65 Meeting Date: February 19, 2009 and builders. He stated that this concerns corner lots only in which the side yard setbacks are greater due to the adjacency to the street. For Lot Types 1 & 2, the side yard typically is from 10 to 20-ft. The developer is interested in a visually appealing street scape and, just as important, maximizing the use of the corner lots for the homeowners so that they do not have to maintain a lot of yard outside the fence which they cannot functionally use on a daily basis. This situation is exaggerated as you go into the smaller lots. Mr. Lenart stated that people pick the corner lots because of the larger lot size, which usually will give them more yard space. However, with the current ordinance, these homeowners are not allowed to fence in the property beyond the building line. Mr. Lenart stated that for Lot Types 1 & 2, in working with staff a measurement of 10-ft. from the property line was agreed upon to maintain the good, wide street scape as you turn onto the street. Fences will not be crowding the street on the property line which is 11-1/2 ft. off the back of curb. The fencing begins 21-1/2 ft. off of curb and allows these homeowners to have the same width of back yard as the interior lots so they are not penalized for buying a corner lot in the community. Mr. Lenart stated that in working with staff the agreement was that the fences shall be at least 10-ft. back from the front façade which will allow fencing to wrap the AC units or windows, but maintain a good offset off the front of the home. Mr. Lenart stated that for Lot Types 3 & 4, the developer feels it is important to get as much yard as possible because these are smaller lots. They wish to maximize the value of the corner lots and allow people to make use of the extra land. Mr. Lenart stated that the standard interior building line is 5-ft. On a corner lot against a street there is a 15-ft. side yard building line. They would like to place the side yard fence along a side street at the property line to place the extra 10-ft. within the fence and capture the side yard as well as maximize the back yard. Mr. Lenart stated that there are not a lot of corridors running throughout the neighborhoods of these smaller lot types. He stated that it is typically two lots, back to back, with an occasional key lot. Commissioner Davidson asked if the material used on the front of the house facing fence would be wood or metal. Mr. Lenart stated that the PD doesn’t address this, but in Neighborhoods 3 & 4, they are using wrought iron but with the smaller lots in Neighborhoods 1, 5, and 7 it would be wood. Mr. Davidson asked for the distance from the house to the fence for Lot Type 2. Mr. Lenart responded that it varies. He stated that on a typical 80-ft. lot the side yard is 15-ft. so if the fence is 10-ft. off the property line that leaves a 5-ft. gap between the fence and the house. Mr. Davidson asked if the 5-ft. gap would have sod or concrete. Mr. Lenart stated that 5-ft. side yards are very common throughout the metroplex and typically it is irrigated and sodded. Mr. Davidson stated that it would be difficult to keep anything growing in that 5-ft. gap so the homeowner is almost forced to put some type of material in that space. Mr. Davidson asked if the fence height would be 6-ft. or 8-ft. Mr. Lenart responded that the homeowners have the option of going to 8-ft., but the typical fence is 6-ft. in height. Commissioner Reed asked how key lots should be addressed. Mr. Lenart stated that on a key lot the rear fence of the key lot runs beside the front yard of the adjacent lot. In Neighborhoods 3 & 4, these are large lots, standard 80s and 90s or wider, and it is not nearly an issue as it is Planning and Zoning Commission 6 of 65 Meeting Date: February 19, 2009 with the smaller lot sizes (50s, 60s, 70s width) where the homeowner walks out his front door and 25-ft. away is the neighbors fence. In Neighborhoods 3 & 4, the homeowners own garage or recessed front door may block the view of the neighbor’s fence. Staff and Mr. Lenart discussed a compromise of 5-ft. for the key lots, but more than that entails a discussion of the placement of the house next door – are they walking out to the left to see their neighbor’s fence or are they seeing their own garage door. The developer would prefer that the homeowner be allowed to utilize as much of the yard as possible because typically that is what homeowners wish. Commissioner Reed stated that he agrees that the amount of back yard should be maximized. If the homeowner paid a big price for the lot he shouldn’t have to have a strip of land that he is responsible to care for and mow, but can’t utilize. Vice Chairman Stephens stated that he sees the wisdom of moving out the fence so that homeowners can have that extra property to use, as it is a great place to put lawn equipment. He stated that he put down pea gravel which he doesn’t have to mow, yet that side of the house, the foundation, stays wet. He has found it to be a great place to put the bar-b-que grill, lawn mowers and the other items that homeowners accumulate – and over the years homeowners do accumulate a lot. Mr. Stephens asked for the distance from the curb to the property line for Lot Types 3 & 4. Mr. Lenart stated that the standard setback off of curb is 11- 1/2 ft. He stated that the developer is going to maintain a stain on the fences, but they didn’t request that in the PD because it would be a hard thing for the City to police over the 5 to 7 year life of the development. He stated they will mandate and police that through the HOA. He stated that they recognize that the concern is having the fences tight on the street, but they feel the trade off on the 60s and 70s is worth it in this situation. There are no long corridor runs in these neighborhoods (1, 5, and 7) which will give a narrow tunnel vision look. Vice Chairman Stephens asked how many lots are corner lots with side yard fencing along a side street. Ms. Huggins responded that of the 610 platted lots there are 75 corner lots. Commissioner Forest stated that he feels that something should be done that can help homeowners have a bigger yard. Homeowners are spending a lot of money on a house and should be able to use their ground rather than having to mow ground that they can’t use. He’d like to see a solution that works for the developer and for the homeowners. Commissioner Sheridan apologized for being late and asked for verification of the allowed fence height. Ms. Huggins stated that the allowed fence height is 6-ft. with a maximum of 8-ft., except for yards facing golf course or open space which is limited to 6-ft. Mr. Sheridan asked if the PD is different from the Town fence ordinance. Ms. Huggins responded, “No”. Mr. Sheridan made the following observations -- 8-ft. fencing is allowed along the side. Five foot side yards are not unusual. There are a variety of lot sizes. Drainage issues with 5-ft. side yards are not unusual. He asked what the typical corner is for all lot types – is it not wider? Mr. Lenart responded that it is. He stated that on a typical 60-ft. wide lot the corner lot is 70-ft. wide. Commissioner Sheridan stated that in this Town there is a variety of every type of fence possible because for many decades there have been different controls varying from none to some. He stated that this issue was debated when the Town fence ordinance was finalized. He stated that he lives on a corner lot and his wife would have liked to take the fence to the Planning and Zoning Commission 7 of 65 Meeting Date: February 19, 2009 property line. Mr. Sheridan stated that he voted against it. He stated that his opinion is that there should be one fence ordinance for the Town. Chairman Hill asked to move on to perimeter fencing and key lots. Mr. Lenart stated that perimeter fencing is where there is a lot adjacent to a screening wall. The current ordinance prohibits parallel fencing within 20-ft. of each other. Most of the lots in this PD that are beside a screening wall could not erect a side yard fence without violating the parallel fence regulation. Mr. Lenart stated that this would be 100% benefit to the homeowner to allow connection to perimeter fencing. Chairman Hill stated that the perimeter fence is sitting on a fence easement, correct? Mr. Lenart stated that most screening walls sit half in right-of-way and half on the property line of the homeowners’ property. Commissioner Reed stated that he is in favor of this request. It’s logical. Vice Chairman Stephens stated that he agrees with Commissioner Reed. Commissioner Sheridan asked what type of fence could be utilized. Ms. Huggins stated that staff is recommending wrought iron. Mr. Sheridan asked if the screening wall fencing is HOA or PID controlled. Ms. Huggins responded, “HOA”. Mr. Sheridan noted that some of the perimeter fencing is solid stone. He asked if any perimeter fencing will be against gas well stone walls. Mr. Lenart stated that he believed most of the gas well fences are offset from the property line a good distance. Mr. Sheridan stated that this is unique to the Highland area so therefore an individual PD allowance would not be unusual. He believes this is common sense. Commissioner Sheridan asked how many lots are perimeter lots. Mr. Lenart stated that there are approximately 40 lots. Vice Chairman Stephens and Commissioner Sheridan asked questions and discussed clarification of key lots with Mr. Lenart. Commissioner Reed discussed the possibility of a compromise between the build line and 10-ft. off the property line. Commissioner Sheridan stated that the Town staff has not shown the ability to handle differences. He stated that in just driving out to this neighborhood there are two houses on Veranda that are not in compliance and there is a house with a fence on it, that should have gotten a permit from the Town, that is not in compliance. By creating a variation to the current ordinance dictates something that we’ve shown we can’t handle. Commissioner Reed discussed variations for key lots with Mr. Lenart. Commissioner Davidson stated that 10-ft. off the property line is a nice compromise on the larger lots. He stated that the tunnel effect is not wanted where the fences come way out to the sidewalk, which is completely unacceptable for many reasons, most notably public safety. Planning and Zoning Commission 8 of 65 Meeting Date: February 19, 2009 He has concern about the smaller lots going out to the sidewalk which would create a tunnel effect. Commissioner Sheridan stated that he would rather change the fence ordinance for the Town rather than for the PD. He recommends 15-ft. behind the façade and 5-ft. off the property line. Commissioner Davidson and Commissioner Sheridan discussed revising the Town fence ordinance versus the PD. Commissioner Davidson summarized that if there are going to be fence adjustments, we’ve already proven that it is troublesome to have different ordinances by location and that it needs to be more universal throughout the Town, adjusting across the board. Commissioner Reed stated that there are a lot of regulations in the PD that don’t apply to the rest of the Town so he doesn’t see why the fencing regulations for the PD have to be the same as the Town. A planned development is set up so they can negotiate slightly different situations with us. He would like to set the fencing regulations for the PD. Commissioner Sheridan stated that Mr. Reed has a point, but the other thing is there are three houses out there not in compliance, two of which the garage door would have to be torn off to bring them into compliance. He stated that he is not pointing at Carolyn, there are other people involved, but the differentials are not managed. Commissioner Sheridan asked if three separate motions could be made. Chairman Hill asked for one motion, and recommendation, on all items. After an additional (approximately 25 minutes) of discussion by the Commissioners, Mr. Lenart, and Todd Webb (with K. Hovnanian Builders), Chairman Hill called for a motion. Commissioner Sheridan made a motion recommending approval to the Town Council with the following stipulations: (1) Define a “key lot” as “any lot which has a street adjacent to both its front and side building lines, and its rear property line is also the side property line of an adjacent lot”; (2) the side yard fence adjacent to a side street for Lot Types 1, 2, 3 and 4 may be placed 10-ft. off the property line, and must be 10-ft. behind the front façade; no differential for key lots; (3) homeowners may connect to perimeter fencing and the property owner fence must be located a minimum of ten feet (10-ft.) behind the front façade. The HOA will maintain the perimeter fencing; the homeowner will maintain his fence connecting to the perimeter fencing. The motion was seconded by Commissioner Stephens. Commissioner Davidson asked Mr. Lenart if the above motion meets the expectation of the developer. Mr. Lenart responded that it does not meet their desires for the 60 and 70-ft. wide lots. Mr. Davidson stated, “By doing this consistently regardless of the lot type we now eliminate the reverse problem with Lot Types 1 and 2 wishing to take their fencing to the property line”. Mr. Davidson stated that he prefers to see the requirements consistent across the lot types. There was no further discussion and Chairman Hill called for the vote. Planning and Zoning Commission 9 of 65 Meeting Date: February 19, 2009 Ayes: Hill, Reed, Davidson, Forest, Sheridan, Stephens Nays: None Action: 6-0, Approved D.2 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR OFF STREET PARKING FOR MODEL HOMES IN PLANNED DEVELOPMENT NO. 27, NEIGHBORHOOD 2, PHASE 1A, FOR A PERIOD OF TIME OF NOT GREATER THAN ONE YEAR. APPLICANT: GALLERY CUSTOM HOMES. The applicant was not present and Chairman Hill deferred this item to a future agenda. D.3 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FOR APPROVAL OF A TEMPORARY USE FOR OFF STREET PARKING FOR MODEL HOMES IN PLANNED DEVELOPMENT NO. 27, NEIGHBORHOOD 2, PHASE 1A, FOR A PERIOD OF TIME OF NOT GREATER THAN ONE YEAR. APPLICANT: CENTEX HOMES. Chairman Hill announced this item and asked the applicant to step forward. Wes Homeyer, Centex Homes, 1603 LBJ Freeway, Suite 600, Dallas, stated that they wish to provide parking for their model home to be located at 2408 Trophy Club Drive. Ms. Huggins stated that Centex Homes is proposing 8 parking spaces with two handicap accessible spaces. The Town does not have a set amount of required parking spaces for a model home parking lot, although at least one handicap accessible space is required. Staff has determined that eight spaces for Centex’s model home is adequate based on the amount of lots Centex owns. Centex is proposing landscaping on either side of the driveway. They proposed a couple of trees, but staff asked Centex to remove the trees from this landscape plan because those trees would be destroyed when this lot is developed as a single family residence. Staff supports this request and asks the Planning & Zoning Commission to recommend approval to the Town Council. Commissioner Reed made a motion recommending approval to the Town Council. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Reed, Davidson, Forest, Sheridan, Stephens Nays: None Action: 6-0, Approved D.4 DISCUSSION AND COMMENT TO TOWN COUNCIL REGARDING CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, INCLUDING WITHOUT LIMITATION, AMENDING REGULATIONS REGARDING PERMITTED USES FOR “CG” COMMERCIAL GENERAL ZONING AND OTHER MISCELLAENOUS PROVISIONS AS NEEDED OF CHAPTER 13. (ADM-09-001) Planning and Zoning Commission 10 of 65 Meeting Date: February 19, 2009 Chairman Hill announced this item and asked the Commissioners to discuss and consider whether or not a pawn shop is an appropriate use in “CG” Commercial General zoning in the Town of Trophy Club. The Commissioners should also consider whether a pawn shop should be a conditional rather than a permitted use. The Council is asking P&Z to review all of the uses for CG and provide comment. The Commission discussed these items and Chairman Hill will give comments to the Town Council on January 5, 2009. E.1 ADJOURNMENT Chairman Hill adjourned the meeting at 9:05 p.m. Planning and Zoning Commission 11 of 65 Meeting Date: February 19, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-34-T File ID: Type: Status: 09-34-T Agenda Item Regular Session 1Version: Reference: In Control: Planning & Zoning Commission 01/27/2009File Created: Final Action: *File Name: Title: Discussion and appropriate action relative to a Temporary Use Request for two Community Garage Sale Events granted by Special Privilege. Applicant: Mellany Gibbon, Chairperson, Trophy Club Women's Club Notes: Sponsors: Enactment Date: Garage Sale.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: chuggins@trophyclub.org History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 02/19/2009Planning & Zoning Commission Text of Legislative File 09-34-T Discussion and appropriate action relative to a Temporary Use Request for two Community Garage Sale Events granted by Special Privilege. Applicant: Mellany Gibbon, Chairperson, Trophy Club Women's Club Planning and Zoning Commission 12 of 65 Meeting Date: February 19, 2009 PLANNING AND ZONING COMMISSION MEMORANDUM February 19, 2009 SUBJECT: Presentation, discussion and appropriate action relative to a Temporary Use Request for two Community Garage Sale Events in 2009 granted by Special Privilege. Applicant: Mellany Gibbon, Chairperson, Trophy Club Women's Club) STAFF COMMENTS: On behalf of the Trophy Club Women’s Club, Ms. Gibbon is requesting permission to hold two community-wide garage sale events in Trophy Club in 2009. The Women’s Club requests waiver of the $25 per event fee. The spring garage sale will be held Saturday, April 18, 2009 and the fall sale will occur Saturday, October 10, 2009. For each event, no alternate rain day is planned. Chief Kniffen has reviewed and given DPS approval as noted on the attached application. (ch) Attachments: Application Chief Kniffen Approval Planning and Zoning Commission 13 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 14 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 15 of 65 Meeting Date: February 19, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-17-T File ID: Type: Status: 09-17-T Agenda Item Regular Session 1Version: Reference: In Control: Planning & Zoning Commission 01/27/2009File Created: Final Action: Model Home Parking Lot*File Name: Title: Discussion and Recommendation Regarding a Request for Approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 2, Phase 1A, for a Period of Time of Not Greater than One Year. Applicant: Bill Durham, Gallery Custom Homes Notes: Sponsors: Enactment Date: Temporary Parking Lot.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: chuggins@trophyclub.org History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 02/19/2009Planning & Zoning Commission Text of Legislative File 09-17-T Discussion and Recommendation Regarding a Request for Approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 2, Phase 1A, for a Period of Time of Not Greater than One Year. Applicant: Bill Durham, Gallery Custom Homes Planning and Zoning Commission 16 of 65 Meeting Date: February 19, 2009 PLANNING AND ZONING COMMISSION MEMORANDUM February 19, 2009 Subject: Discussion and Recommendation Regarding a Request for Approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 2, Phase 1A, for a Period of Time of Not Greater Than One Year. Applicant: Bill Durham, Gallery Custom Homes. Gallery Custom Homes is building a model home at 2214 Trophy Club Drive, Lot 8, Block BB, Neighborhood 2, Phase 1A. To provide customer parking for the model home, the builder wishes to place paved parking on the lot beside the model home. The parking lot will be located on Lot 9, Block BB, 2416 Trophy Club Drive, the lot immediately to the north of the model home. This type of request must be heard by the Planning and Zoning Commission for recommendation to the Town Council. As this is a temporary use, the builder must eventually remove the parking lot, restoring the lot to a buildable single family home lot as originally shown on the Neighborhood 2, Phase 1A plat. This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V Supplementary District Regulations, Section 5.01 Temporary Uses: 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. … 14. Off street parking for Model Homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use may be renewed annually. … Annual Extensions of the temporary use permit may be issued by the Zoning Administrator upon written request by the applicant. Planning and Zoning Commission 17 of 65 Meeting Date: February 19, 2009 Setbacks: Neighborhood 2, Phase 1A of The Highlands of Trophy Club Planned Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is proposed on Lot 9, Block BB, which is a Lot Type 2, with the following setback requirements: Front Yard: 25 feet minimum Rear Yard: 25 feet minimum Side Yard: 7.5 feet minimum The applicant has complied with all required setbacks. Parking Requirements: Town regulations require each parking space to be nine feet (9’) by eighteen feet (18’) for each angular head-in parking space. The applicant has met this requirement. Town parking regulations also specify the following: “The number of spaces required shall serve residents, customers, patrons, visitors and employees.” The applicant is providing 8 spaces and one handicap-accessible space. Staff believes this is an adequate number of parking spaces for this use. Parking Facilities Construction: Town regulations require that parking facilities be constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be 5” for general parking. The applicant must obtain a building permit and comply with materials and inspection requirements. Landscaping: Town of Trophy Club Landscaping Regulations require the following: D. General Standards: The following criteria and standards shall apply to landscape materials and installation: 1. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 2. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. Planning and Zoning Commission 18 of 65 Meeting Date: February 19, 2009 5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. 8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. The applicant is proposing Dwarf Burford Holly, Dwarf Indian Hawthorn, and Seasonal color on both sides of the concrete drive, and Indian Hawthorn along the rear of the parking lot, as well as sod in both the front and back of the lot. All will be irrigated. Staff Recommendation: Staff requests that the Planning and Zoning Commission recommend approval of this request to the Town Council. The Council will hear this item on Monday, March 2, 2009. (ch) Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations; Section 5.01 Temporary Uses Application Plot Plan Planning and Zoning Commission 19 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 20 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 21 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 22 of 65 Meeting Date: February 19, 2009 Planning and Zoning Commission 23 of 65 Meeting Date: February 19, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-33-T File ID: Type: Status: 09-33-T Agenda Item Public Hearing 1Version: Reference: In Control: Planning & Zoning Commission 01/27/2009File Created: Final Action: *File Name: Title: Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) Notes: Sponsors: Enactment Date: PD-27 Village Center Staff Report.pdf ,PD-27 Village Center Permitted Uses and Regulations.pdf ,Use Tables ,General Definitions ,Public Hearing Notice ,Property Owners Within 200-ft. Attachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: chuggins@trophyclub.org History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 02/19/2009Planning & Zoning Commission Text of Legislative File 09-33-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) Planning and Zoning Commission 24 of 65 Meeting Date: February 19, 2009 PLANNING AND ZONING COMMISSION MEMORANDUM February 19, 2009 SUBJECT: Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) REQUEST: To amend the “Permitted Uses” for approximately 16.59 acres of land known as “Village Center” in Planned Development No. 27 (PD-27), The Highlands at Trophy Club. Village Center consists of two tracts separated by (the future) realignment of Parkview Dr. as well as a portion of a (future) park (Northwest Park) that will exist between the two tracts. The smaller tract consists of approximately 3.3 acres and the larger tract consists of approximately 13.3 acres. Planning and Zoning Commission 25 of 65 Meeting Date: February 19, 2009 PD-27 currently allows the following uses: Bakery Bank Barber or beauty salon Bookstores Cafes with or without patio Community Facilities to include libraries Day Care Day spa (hair salon, facial treatment, massages) Dry cleaning and laundry (pickup/drop off only) Financial institutions Florist (no outdoor storage) Furniture sales (no outside sales or display) Kindergarten Municipal facilities to include Fire, Police, and EMS Pet Services including veterinarian (without outdoor kennels) Professional and administrative offices Religious Institutions Restaurants without drive-ins Schools, Private or Public Specialty Shops The applicant requests the following uses be added as permitted uses for Village Center: Accounting & tax preparation Adjustment & collection services Administrative or Business corporate headquarters (when used for office purposes only) Advertising agencies Appliance rental Architecture offices Billpaying services Building material & hardware wholly enclosed without outside storage or display Business holding & investment services Chamber of Commerce Chiropractors Computer services Consumer & mercantile credit reporting Contractors offices (provided no outside storage or display is permitted) Copy shop or printing shop Dentists, Dental clinic, medical clinic, laboratory or office Duplication and mailing services Employment services Planning and Zoning Commission 26 of 65 Meeting Date: February 19, 2009 Engineering Family home/group home Interior design Land surveying Law Management consultants Museum or art gallery Office, general, professional or medical Optometrists Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise. Pharmacist or drug store Physicians Podiatrists Psychologists Radio recording & television broadcasting offices & studios Real estate & insurance Restaurants with drive-thrus Retail uses & services wholly enclosed within a building Retirement home and/or nursing home Securities & commodities brokers, dealers, underwriters & exchange offices Security systems installation company Stenographic services Studio (photography) Theater, indoor Travel bureaus or services Utility offices PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper, and property owners within 200-ft. of the shopping center were notified of this request. Copies of the notices are attached. STAFF RECOMMENDATION: After discussion and review of this request by the Development Review Committee (Assistant Town Manager, Building Inspector, Permitting, Streets and Public Works, Code Enforcement), staff recommends approval. Increasing permitted uses of this property will increase marketability of the property to potential buyers. The uses are compatible with surrounding zoning districts. Attachments: 1) PD-27 Village Center Permitted Uses and Regulations 2) Code of Ordinances Use Tables 3) Definitions of Uses, Chapter 13, Article II, Section 2.02 Zoning Ordinance 4) Public Hearing Notice Planning and Zoning Commission 27 of 65 Meeting Date: February 19, 2009 40 J. Village Center: 1. Permitted Uses: a. Bakery b. Bank c. Barber or beauty salon d. Bookstores e. Cafes with or without patio f. Community Facilities to include libraries g. Day Care h. Day spa (hair salon, facial treatment, massages) i. Dry cleaning and laundry (pickup/drop-off only) j. Financial institutions k. Florist (no outdoor storage) l. Furniture sales (no outside sales or display) m. Kindergarten n. Municipal facilities to include Fire, Police, and EMS o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices q. Religious Institutions r. Restaurants without drive-ins s. Schools, Private or Public t. Specialty Shops 2. Architectural and Site Design Standards: These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements. Planning and Zoning Commission 28 of 65 Meeting Date: February 19, 2009 41 a. Building Walls and Roofs 1) An expression line shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. 2) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) and satellite dishes are visible from the public right-of-way or open space, whether the equipment is located on the ground, exterior walls or the roof. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched or parapet roof system enclosed on all sides. 3) Mansard roofs and flat membrane-type roofs that are visible from ground level are prohibited. 4) For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. 5) Ground floor retail building plate heights should provide for at least fourteen feet (14’) in height. 6) Generally, windows shall be oriented vertically. Planning and Zoning Commission 29 of 65 Meeting Date: February 19, 2009 42 7) Columns and piers generally shall be spaced no farther apart than they are tall. 8) Transparency: i. Each floor of any building façade facing a park, plaza or street shall contain transparent windows covering from fifteen percent (15%) to seventy-five percent (75%) of the façade area. ii. In order to provide clear views of merchandise and to provide natural surveillance of exterior street spaces, the ground-floor along the retail storefront facade shall have transparent storefront windows covering no less than fifty percent (50%) of the façade area. iii. Entryways recessed at least four feet (4’). b. Permitted Finishes: 1) At least eighty percent (80%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials: i. Brick, stone, cast stone, or stucco. ii. Split face concrete block, poured-in-place concrete, and tilt-wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the façade on at least twenty percent (20%) of each façade. iii. Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt-wall or painted block matching the same color of the rest of the building if the rear façade faces an alley or is not viewable from a public street or right-of-way. Planning and Zoning Commission 30 of 65 Meeting Date: February 19, 2009 43 2) To improve the pedestrian orientation, the ground floor of commercial/retail buildings shall utilize a combination of the following, unless otherwise approved by the Town: i. Corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base; ii. Recessed windows or other techniques to distinguish the windows in the façade such as arches, pediments and mullions; and iii. Entryways recessed at least four feet (4’). 3) The utilization of repetitive storefronts for “architectural” consistency is discouraged in order to maintain an interesting street experience; although the utilization of common architectural elements shall be considered to facilitate a certain level of functional continuity. c. Building Orientation and Pedestrian Site Design: 1) Any building (excluding parking garages and other accessory buildings) viewed from a public right-of-way or public open space shall either face such right-of-way or open space, or shall have a façade facing such area in keeping with the character of the front façade, including the utilization of similar fenestration and materials. 2) Pedestrian Elements To improve the walkability and access of commercial and retail areas, the following are encouraged in the site design of a project: i. Patio/café seating areas ii. Bicycle racks iii. Continuous walkways linking stores vi. Shade provided by building orientation, canopies and/or trees vii. Decorative Trash receptacles Planning and Zoning Commission 31 of 65 Meeting Date: February 19, 2009 44 3) Parking Lot and Building Frontage Landscaping and Design i. A minimum of fifteen (15) square feet of landscaping including tree islands for each parking space shall be provided within the paved boundaries of the parking lot, with the landscaped areas protected by raised curbs except where wheel stops are utilized at the front of parking spaces along a landscaped median between parking bays, and pavement no closer than three feet (3’) from the trunk of trees. ii. Landscaped islands of a minimum of five feet (5’) in width and extending the entire length of the parking stall generally shall be located at the terminus of all parking rows and shall contain at least one three inch (3”) caliper tree consistent with the Tree List in Section VI – Development and Design Standards. iii. Parking spaces shall be a minimum depth of 18 feet and a minimum width of 9 feet; to encourage better shade patterns, parking bays shall be separated by a minimum five foot (5’) wide landscaped median (See illustration below), with three inch (3”) caliper shade trees planted every thirty feet and wheel stops placed so as to allow the front of vehicles to encroach over the landscaped median without hitting the trees. Planning and Zoning Commission 32 of 65 Meeting Date: February 19, 2009 45 iv. Foundation plantings are required for buildings or groups of buildings greater than 40,000 square feet and where the front building facade does not abut a public sidewalk, including a 3.0 inch caliper shade tree for every 10,000 square feet of gross building area consistent with the Tree List as set forth in Section VI. Small ornamental trees are permitted on a ratio of 4 to 1 instead of 3.0 inch caliper shade trees. This is intended to enhance the pedestrian experience in front of larger buildings and to break up large impervious surfaces between parking areas and the building. Foundation planting trees shall be planted within approximately 30 feet of the front façade and are required in addition to any street trees required herein. Tree grates shall be utilized for trees planted less than four (4) feet back of curb. Tree spacing shall not impede sign visibility or pedestrian safety but shall be placed so as to provide an effective shade environment in front of the building. d. Loading Areas and Trash Receptacles: 1) Loading and service areas shall be located at the side of or in the rear of buildings. Every effort should be made to reduce the need for segregated loading and service areas by ensuring that deliveries are made off-hours. Such uses as grocery stores, however, may require a loading dock area. Where tractor/semi-trailer delivery may conflict with Planning and Zoning Commission 33 of 65 Meeting Date: February 19, 2009 46 land uses on or adjacent to the site, then the following standards shall be followed: i. Loading and service areas shall be located at the side or rear of buildings. ii. Off-street loading areas shall be screened from view of any street public open space or adjacent property. iii. Loading areas shall be enclosed on three sides by a wall or other screening device not less than 10 feet in height. iv. Loading areas shall not be located closer than 50’ to any residential lot, unless wholly within an enclosed building. v. Screening materials shall be comprised of a wall that has a similar finish to the primary structure, or a combination of trees and shrubs that will result in solid screening within 2 years. vi. However, when adjacent to a residentially zoned district a screening wall with landscaping shall be used. 2. Trash/Recycling Receptacles: i. Commercial trash/recycling containers shall be located on the side or rear of the building and screened from public view. ii. Such containers shall be located at least 50’ away from adjacent residential property lines. iii. Such containers shall be screened on 4 sides, using an enclosure that is 7’ tall or of a height that is a minimum of 1’ above the top of the container, whichever is taller. Screening shall be comprised of brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; and all fence posts shall be rust- protected metal, concrete based masonry or concrete pillars. Planning and Zoning Commission 34 of 65 Meeting Date: February 19, 2009 47 iv. 6” concrete filled steel pipes shall be located to protect the enclosure from truck operations. v. Such container enclosures shall have steel gates and tie-backs to secure them in an open position, and fasteners to keep them closed. vi. Screening shall be maintained at all times. e. Signage 1) General: Signs shall be flat against the façade, projecting from the façade or ground monument mounted. No signs shall project above the façade unless approved as part of a site plan as a “landmark sign” such as a theater marquee or other special sign located in an prominent location and intended to provide a special character to the district and orientation to visitors. 2) Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited. 3) Finish Materials: Materials shall complement the architecture of the building, and may include wood— painted or natural; metal—copper, brass, galvanized steel; painted canvas; paint; engraving directly on façade surface; and brick or stone for monument signs. 4) Wall Signs: i. One and a half (1.5) square feet of signage is permitted for each linear foot of the primary facade of the building, excluding wing walls. (E.g. a 100’ long building façade would allow for 150 square feet of wall sign area on the building.) ii. Only one building façade with a primary entrance may be used to calculate wall signage. iii. Wall signs may be placed on any face of the building except if adjacent to a residential lot. iv. Maximum area of any single sign mounted perpendicular to a given façade shall not exceed 10 square feet unless it protrudes above the top of the facade. Planning and Zoning Commission 35 of 65 Meeting Date: February 19, 2009 48 v. Protruding or hanging signs shall maintain a minimum clear height of eight (8) feet above the sidewalk. 5) Monument Signs: i. Monument signs up to eight (8) feet in height are the only permanent freestanding signs allowed. ii. Maximum area of a monument sign shall be 96 square feet per sign face. Monument signs may have only two (2) sign faces. iii. If a Commercial Neighborhood extends over 1000 linear feet, then one monument sign per 500’ of frontage is permitted. (E.g. a site with 1,000’ or more of frontage may have two (2) monument signs, a site with 1,500’ or more may have three (3) signs, etc.). iv. The structure of monument signs shall be constructed of materials and colors utilized on the primary building’s façade. v. Monument signs must be spaced a minimum of two hundred fifty feet (250’) apart, unless approved otherwise at Detailed Site Plan. 6) Parking: Retail and office uses shall meet the Town’s parking standards at the time of development. Planning and Zoning Commission 36 of 65 Meeting Date: February 19, 2009 Chapter 13 - Zoning Section 3.03 Classification of New and Unlisted Properties The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a Prohibited Use P Denotes a Permitted Use by Right C Denotes of Conditional Use Permit Required S Denotes a Specific Use Permit Required District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU A. RESIDENTIAL 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P 4. Dwelling, Multi-Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentally Disabled P 10. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home P 13. Recreational Vehicle Campgrounds 14. Religious Convent, Rectory, Monastery P 15. Retirement Home, Orphanage P B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions C. EDUCATIONAL 1. Children’s Day Care Center & Kindergarten P P 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & Professional P 4. Schools, Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools, Vocational, Technical & Trade Planning and Zoning Commission 37 of 65 Meeting Date: February 19, 2009 Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU D. COMMUNITY FACILITIES 1. Athletic Field, Stadium, Auditorium, Gym P 2. Cemetery and Mausoleums P 3. Commercial Swimming Pool P 4. Cultural Buildings and Facilities C C C P 5. Golf Course, Clubhouse, Related Facilities P 6. Gov. Maint Bldg, Storage Yards C C C 7. Municipal Admin, Public Service Facilities P P P P P P P P P P P P P P P P P 8. Park, Playground, Playlots, Related Facilities P P P P P P P P P P P P P P P P P 9. Privately Owned & Operated Playground C C C C C C C C C C C C C C C C C 10. Public Animal Pounds & Shelters 11. Public Safety Facilities P P P P P P P P P P P P P P P P P 13. Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 14. Social, Recreational, Assembly Bldgs P P P 15. Tennis, Handball, Racquet Ball Clubs P 16. Utility Facilities, Garage, Storage Bldg/Yard C C 17. Utility Facilities, Distribution Lines P P P P P P P P P P P P P P P P P 18. Utilities Facilities, Energy Plant C C 19. Utility Facilities, Office P C C E. PROFESSIONAL 1. Accounting Office P P 2. Admin, Executive, Editorial Office P P 3. Architectural, Eng, Planning Office P P 4. Attorney’s Office P P 5. Hospital 6. Insurance Office P P 7. Extended Stay Surgery Center 8. Personal/Family Counselor P P 9. Physician and/or Dentist P P 10. Public Secretary P P Planning and Zoning Commission 38 of 65 Meeting Date: February 19, 2009 Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU F. BUSINESS 1. Barber, Beauty, Styling Shops P P 2. Health, Athletic Shops P P P 3. Massage Shops 4. Medical, Dental, Chiropractic, Optometry, etc. P P 5. Real Estate Office P P 6. Tanning Salon P 7. Travel Bureau or Agency P P 8. Weight Reduction Studio P P P G. RETAIL 1. Art Studio P 2. Art Supply Store P 3. Arts, Crafts, Hobby Shops P 4. Bakery Shops P 5. Bicycle Shop P 6. Beer & Wine Sales (Off-Premise Consumption Only) S* S* S* S* S* S* 7. Confectionary Shop P 8. Dairy Food Shop P 9. Dance Studio P 10. Drug Store, Apothecary, Pharmacy P 11 Dry Cleaners, Pick-up and Drop-off P 12 Dry Cleaning Plan 13 Duplication and Mailing Service P 14 Electrical Goods and Fixtures P 15 Fabric and Knitting Shop P 16 Florist P 17 Grocery Store P 18 Hardware Store P 19 Household Appliance Store P 20 Household Furnishings, Fixtures P 21 Ice Cream Shop P 22 Jewelry, Watch Store P 23 Music Store P 24 Tanning Salon P 25 Pawn Shop P 26 Photograph Service & Studio P P 27 Printing, Publishing, Engraving P 28 Restaurant C C C 29 Restaurant, Drive-In 30 Restaurant w/Alcoholic Beverage Sales C C C Planning and Zoning Commission 39 of 65 Meeting Date: February 19, 2009 Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU G. RETAIL CONT’D 31 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 32 Sporting Goods Store P P 33 Wallpaper, Paint Store P 34 Wearing Apparel Store P H. RECREATIONAL 1. Community Center (Non-Profit) C C C C C C C C C C C C C C C C P 2. Country Club, Private P 3. Golf Course P 4. Private Health Club P P P 5. Private Stable P 6. Swimming Pool (Private Club) P 7. Swimming Pool, Tennis Court (Non- Profit) C C C C C C C C C C C C C C C C P 8. Tennis Court (Private Residence) C C C C C C C C C C C C (Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use F(6), Ord. No. 2005-07 P&Z, § 4/18/05) Planning and Zoning Commission 40 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning Section 2.02 General Definitions A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such definition would be inconsistent with the manifest intent of the Planning and Zoning Commission and the Town Council or where the context of this Ordinance clearly indicates otherwise: 1. Accessory Building or Accessory Structure: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. 2. Accessory Use: A use subordinate to and incidental to the principal use. 3. Acreage, Gross: The total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. Acreage, Net: The total acreage of a subdivision less those areas dedicated to public use, such as street and alley right-of-ways, open spaces and public parks. Provided, however, that easements shall be included in net acreage calculations. 5. Airport: A landing facility for aircraft approved by the United States Federal Aviation Agency. 6. Alcoholic Beverage: Alcohol, or any beverage containing more than one- half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 7. Alley: A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. Animal Pound/Shelter (Private): A facility for the incarceration of small domestic animals for short periods of time. 9. Animal Run: A structure or barrier for the purpose of containing a dog or other animal as authorized in the Town’s Animal Control Ordinance. 10. Antique Shop: An establishment offering for sale, within a building articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment. 11. Apartment: A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. Planning and Zoning Commission 41 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 12. Apartment House: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 13. Arbor: An open framework designed to offer shade, with latticework that also serves as a trellis on which climbing plants can grow. 14. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. 15. Area of lot: The net area of the lot and shall not include portions of streets and alleys. 16. Art Studio: An area for the collection, display, distribution, or instruction of objects of art. 17. Art Supply Store: An establishment offering for sale those materials used by conventional artists for the preparation of their art form. 18. Attached: Any structure that shares a common wall or foundation with the primary structure. 19. Bakery or Retail Confectionery Store: An establishment that prepares baked foods and prepared candies on site or from a wholesale supplier for the purpose of retail sales. 20. Basement: A building story which is partly underground and having at least one-half (½) of its height below the average level of the adjoining ground. 21. Bedroom: A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet den, or sunroom which is used primarily for sleeping. 22. Blind Fence or Wall: A fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 23. Block: An area within the Town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 24. Breezeway: A covered passage one story in height connecting a main structure and an accessory building. Planning and Zoning Commission 42 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 25. Buildable Area: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. 26. Building: A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 27. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. 28. Building Setback Line: A line parallel or approximately parallel to the street line and beyond which a building or structure may not be erected, encroach or project. 29. Cabana: A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 30. Carport: A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. 31. Cemetery or mausoleum: An area or structure designed to contain the remains of humans for permanent interment. 32. Children’s Playhouse: A non-commercial single story structure of less than one hundred twenty square feet (120) used exclusively for the recreational purpose for children. Said structure shall in no ways be used for habitation. 33. Church: A place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. 34. Clinic: An institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. 35. Club: An association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carrying the privilege of exclusive use of a club building and premises. 36. Colored and Embossed Poured-in-Place Concrete: A site constructed concrete panel with a raised design and colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. Planning and Zoning Commission 43 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 37. Commercial: Any business, other than a home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. 38. Commercial Amusement: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 39. Community Festival: A function or occasion that is endorsed by the Town Council held at a central location where scheduled activities are held or performed for the benefit of the community. 40. Community Garage Sale: A coordinated event, which includes as participants any number of residents of the Town participating together by simultaneously conducting garage sales that are sponsored by a bona-fide and recognized non-profit civic organization. 41. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 42. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that is designed to resemble cut stone. Facing shall be installed on both sides of the unit. 43. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 44. Convalescent Home: Any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 45. Corner Lot: A lot situated at the junction of two (2) or more streets. 46. Country Club: An area containing a golf course and a clubhouse available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 47. Convent: Residence of nuns and other accessory activities which are associated therewith. 48. Crafts and Hobby Shops: A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. Planning and Zoning Commission 44 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 49. Cul-De-Sac: A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in the Town Subdivision Regulations. 50. Cultural Building and Facilities: A building or complex of buildings that house cultural facilities owned and/or operated by a governmental agency or private non-profit agency. 51. Day Care Center or Nursery: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” or “day nursery” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. 52. Day Care (In a Private Home): The care of no more than three (3) children, not a part of the family, in a residential structure. Such care being provided by a resident of the structure. 53. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with a raised design. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin shall not be allowed to constitute a design. 54. Decorative Street Pavement: The physical construction or treatment of streets such that the aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped concrete, decorative paves, colored concrete or a combination thereof. 55. Dedication: The setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside shall constitute a transfer of ownership from the current owner to the Town of Trophy Club and shall be accomplished through platting the property or by a special instrument. 56. Depth of Front Yard: The minimum distance from the front lot line to the front line of a building. 57. Depth of Rear Yard: The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. 58. Design Standards: The (i) subdivision regulations of the Town, (ii) standards for paving, drainage and utility improvements, and (iii) any other Planning and Zoning Commission 45 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning ordinances, regulations or rules of the Town relating to standards for the construction of paving, drainage or other utility improvement. 59. Development: The construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. "To develop" shall mean to create development. 60. Detached: Any structure that does not share a common wall or foundation with the primary structure. 61. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. 62. District: A section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 63. Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 64. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics are cleaned with substantially non-aqueous solvents. 65. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning or laundry for off-premises service outlets and retail establishments. 66. Duplex: A detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 67. Dwelling: An enclosed building or portion thereof having accommodations for only one family or occupied by one family. 68. Easement: A right of a person, government agency, or public utility to use public or private land, which is owned by another person, government agency, or public utility, for a specific purpose. 69 Efficiency Apartment: A dwelling unit in a multi-family structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred square feet (600 sq. ft.) of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 70. Electrical Generating Station: A facility designed to convert electrical current from other energy sources for consumption by dwellings and other Planning and Zoning Commission 46 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning structures. 71. Electrical Substation: A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwelling and other structures. 72. Electrical Transmission Line: A high voltage line used to transmit electrical current to or between electrical substations or over long distances and customarily associated with towers. 73. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air. 74. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. 75. Extended 72 Hour Maximum Stay Surgery Center: Shall mean any facility that operates primarily to provide outpatient based diagnostic treatment and medical/surgical intervention to patients and patrons requiring medical treatment with provisions for extended, monitored recovery beyond twenty-four hours. Such facilities may include provisions for extended recovery and medical monitoring for elective surgical procedures and elective medical intervention. The extended stay facility will meet the environment of care for an institutional medical/surgical facility. The facility focus shall primarily address low to medium acuity cases as a component of primary care and elective care. Due to the primary and elective medical focus, the extended 72 hour maximum stay facility shall not include emergency care beyond the limits of first aid treatment. Additionally, the extended stay facility shall not allow helipads or heliports associated with traditional medical facilities where emergency treatment is primary. 76. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. 77. Family: Any number of individuals living together as a single family housekeeping unit in which not more than three (3) individuals are unrelated by blood, marriage, adoption or foster assignment. 78. Family Home: Shall have the meaning as defined by Chapter 42 of the Planning and Zoning Commission 47 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning Texas Human Resources Code. 79. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. 80. Fire or Police Station: A facility designed to provide public protection from the dangers of fire and crime. 81. First Floor: The highest story of a building having its interior floor surface at ground level or not more than four feet (4’) above ground level. Such ground level shall represent the average level along the side of the building having the lowest ground elevation, and shall be measured at a maximum of four feet (4’) from the building. The first floor in a single family residential building shall be designated as the main living area. In a split level residence, the floors located below and above the first floor shall be designated as half (½) floors. 82. Florist Shop: A shop offering flowers, flower arrangements services and associated products for sale. 83. Four-Plex or Quad-Plex: A detached building containing four (4) single- family attached dwellings. 84. Front Yard: An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 85. Garage, Private: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. 86. Garage, Front Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto being from the front property line. 87. Garage Sale: A sale of previously owned domestic and household items on site by the resident of a single family detached dwelling. This does not include commercial retail sales. (See “Community Garage Sale”) Planning and Zoning Commission 48 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 88. Garage, Side or Rear Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. 89. Gazebo: A secondary structure on a lot incidental to the main residence and being an open air garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and bath facilities. 90. Golf Course (Commercial): A golf course, privately owned but open to the public for a fee and operated as a commercial venture. 91. Grocery Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar products for human consumption for off-premises consumption only. 92. Group Home for the Disabled: A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which the staff person(s) provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. 93. As used herein, the term “disabled” shall mean having i. A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; ii. A record of having such an impairment; or iii. Being regarded as having such an impairment. 94. However, “disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the disabled” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex- convicts, or other housing facilities serving as an alternative to incarceration. 95. Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 96. Hardware Store: An establishment offering small hand tools and small Planning and Zoning Commission 49 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning building materials and associated convenience items, and personal hobby materials for sale to the general public. 97. Height: When referring to the height of a building or portion thereof, the vertical distance measured from the average established grade at the exterior surface of the structure to the highest point of the structure, measured a maximum of four (4) feet from the exterior surface of the structure. 98. Historic Tree: A tree which has been found by the Town to be of notable historic interest because of its age, type, size or historic association and has been so designated by the official records of the Town. 99. Home Occupation: A home occupation is an occupation carried on in the home by a member of the occupant’s family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations tin the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried on in the main structure only. 100. Hospital: Shall mean a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. 101. Hotel or Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. 102. HUD-Code Manufactured Home: A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 103. Industrialized Housing: A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more Planning and Zoning Commission 50 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to i. Housing constructed of sectional or pannelized systems not utilizing modular components; or ii. Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. 104. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 105. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 106. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record, as shown in the Town Subdivision Regulations. 107. Lot Coverage: The total area of a lot upon which is placed a building, buildings or other structures. 108. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines. 109. Lot, Double Frontage or Through: Any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty-five (45) degrees of being parallel to each other 110. Lot Frontage: The length of street frontage between property lines. 111. Lot, Irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the Planning and Zoning Commission 51 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning corners of which have an angle of either more or less than ninety (90) degrees. 112. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the County where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the County where the lot is located prior to the effective date of this ordinance. 113. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of another lot. 114. Lot Width: The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 115. Maintenance: All work necessary or appropriate to keep a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. 116. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with decorative facing. 117. Massage: Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or of other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician’s direction. The term “massage” shall not include massages authorized by the State in beauty shops and barber shops staffed by licensed barbers and beauticians. 118. Massage Parlor: Any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction. 119. May: Shall mean discretionary, and not mandatory. 120. Mechanical Equipment: Any machinery designed or manufactured for Planning and Zoning Commission 52 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room. 121. Minimum Square Footage of Dwelling Unit: The minimum square footage of living space required per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed porches. 122. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 123. Modular Home: A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 124. Monastery: Residence of monks or priests and other accessory activities which are associated therewith. 125. Mortuary or Funeral Home: An establishment serving the needs of the community by providing embalming and burial services in conformance with the State of Texas Statutes. 126. Multi-family Dwelling: A building or buildings containing or aggregating four or more single-family dwelling units. 127. Natural Grade or Grade: The natural grade existing prior to any site preparation, grading or filling. The natural grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or placement of the same. 128. Natural Vegetation: Living plant material. 129. Noncommercial: A person, endeavor, organization, agency, or operation that does not involve the exchange of goods or services, as a principal or Planning and Zoning Commission 53 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning secondary use, for the remuneration of a person, venture, partnership, corporation, or organization occupying the premises upon which the transaction or part thereof takes place. 130. Nonconforming Use: A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. 131. Office, Business and Professional: A room or group of rooms for the provision of business and professional services, not including retail sales or production. 132. Office, Medical and Dental: A room or group of rooms for the provision of medical and dental health care services, not to include other than ambulatory care. 133. Off-Street Parking: Concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 134. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. 135. Open Space: All land designated for the recreational enjoyment and/or natural beauty of the area. 136. Outdoor Advertising Sign: A signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. 137. Outdoor Kitchen: May include not only a grill but also a refrigerator, cabinetry, a sink or even a wine cooler. 138. Outside Storage: The storage of commodities, goods and/or refuse outside of an enclosed building. 139. Park: Land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational and/or open areas. 140. Pavement Width: That portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs. 141. Pavilion: An open structure without walls but covered with a roof. The structure may be of wood construction and shall have a roof construction consistent with residences within the Town. Planning and Zoning Commission 54 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 142. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. 143. Pergola: A shaded walk or passageway of columns that support cross beams and an open lattice, upon which woody vines are grown. 144. Perimeter Plan: A map indicating the proposed areas of common land usage on a tract of land three hundred feet (300’) in depth adjacent to and within the total perimeter of the district. 145. Person: Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 146. Pedestrian Path: A paved pedestrian way generally located within the public street right-of-way, but outside of the street or roadway. 147. Pharmacy, Drug Store, Apothecary: An establishment offering over the counter and prescription drugs and allied products for retail sale. 148. Photographic Studio: A building or portion of a building as a place of work for a photographer. 149. Planned Development: A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and park and recreational areas, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. 150. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. 151. Plat: A final plat that has been approved by the Town in accordance with the Town Subdivision Regulations and filed in the Deed Records of the county where the land is located. 152. Playground: An area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swing set, slides and merry-go-rounds; provided, however, that a playground shall not mean any play area on a residential lot and used primarily by a person or persons residing on the residential lot. 153. Premises: A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy. Planning and Zoning Commission 55 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 154. Principal Structure: A building or structure, the use of which is a principal use. 155. Principal Use: A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 156. Private: The exclusion of those who have not been invited. 157. Private Club: A social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 158. Professional: Service shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 159. Public: Promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit-making organizations. 160. Public Right-of-Way: A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, pedestrian path, drainage way or other public way. 161. Public Utility: Any person, corporation or other entity owning or operating for compensation within the Town equipment or facilities for i. Producing, generating, transmitting, selling or furnishing electricity; ii. Conveying, transmitting or receiving communications over a telephone; iii. Providing, furnishing or selling water or sewer services; iv. Producing, transporting, furnishing or selling natural gas; or v. Providing, furnishing or selling cable television. 162. Rear Yard: A space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. 163. Recreational Vehicle Camp Grounds: Any premises on which one or more recreational vehicles or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for one or more such coaches or trailers. 164. Rectory: Residence of ministers or priests and other accessory activities Planning and Zoning Commission 56 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning which are associated therewith. 165. Religious Institution: Shall be held to include a church as defined herein. 166. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance 167. Residential Density: The number of dwelling units per gross acre, excluding any areas that are designated to be used for parks and open space, and other non residential purposes. 168. Restaurant or Café: A building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. 169. Restaurant or Eating Establishment (Drive-In Service): An establishment designed and constructed to serve food for consumption on the premises, in an automobile, or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter. 170. Restaurant with Alcoholic Beverage Sales: A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty percent of total sales. 171. Retail Store: A place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed to wholesale trade. 172. Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. 173. Retirement Home: A development facility providing dwelling units specifically designed for the needs of ambulatory persons who have retired from active vocations. 174. School, Denominational or Private: A school under the sponsorship of a private agency, corporation, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools as herein defined. Planning and Zoning Commission 57 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 175. School, Public: A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools. 176. School, Trade or Commercial: An establishment other than accredited or licensed public, private or denominational school, offering training or instruction in art occupation, or trade. 177. School, College / University: An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. 178. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. 179. Screening Wall or Fence: A wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. 180. Servants' Quarters: An accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. 181. Shall: Means mandatory, and not discretionary. 182. Side Yard: An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. 183. Single-Family Attached Dwelling: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 184. Single-Family Detached Dwelling: An enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 185. Site Plan: A map, drawing or chart showing the location of all existing and planned structures, landscaping design, ingress and egress, parking, height Planning and Zoning Commission 58 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning of structures and/or any other elements or design standards required by this ordinance or the Town Subdivision Regulations and which has been approved in accordance with the Town Subdivision Regulations. 186. Specimen Tree: A tree which has been determined by the Town to be of high value because of its type, size or other professional criteria, and which has been so designated as part of the official records of the Town. 187. Stable (Private): A stable with a capacity for not more than four (4) horses, mules, or other domestic animals. 188. Stadium: Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. 189. Storage: A space or place for storing and safekeeping of goods in a warehouse or other depository. 190. Storage/Utility Building: A non-commercial structure that is secondary to the primary structure and is used primarily for storage of garden & lawn equipment, tools, and miscellaneous household items. This does not include the regular storage of material and goods intended to be sold or used in connection with any business or commercial enterprise. 191. Story: That portion of a building between the surface of any floor and the surface of the floor next to it, or if there be no floor above it, then the space between such floor and the ceiling next above. 192. Street: Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. 193. Street, Private: Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. 194. Street, Public Dedicated: Any parcel of land dedicated to the public and used or which may be used specifically as a thoroughfare. 195. Street Right-Of-Way: A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 196. Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 197. Structure: That which is built, erected or constructed; an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner, including parking lots. Planning and Zoning Commission 59 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 198. Subdivider: Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. 199. Subdivision: A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes re- subdivision of land or lots which are part of a previously recorded subdivision. 200. Swimming Pool (Private): A swimming pool constructed for the exclusive use of the residents of a one-family, two family or multiple-family dwelling and located and fenced in accordance with the regulations of the Town of Trophy Club. 201. Swimming Pool (Commercial): A swimming pool with accessory facilities, not part of the municipal or private recreational system, and not a private swim club, but where the facilities are available to the general public for a fee. 202. Temporary Field or Construction Office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. 203. Town: Shall mean the Town of Trophy Club, Texas. 204. Town Engineer: The duly authorized person in charge of engineering for the Town, or that person's designated representative. 205. Town Planner: The duly authorized person in charge of planning for the Town, or that person’s designated representative. 206. Townhouse/Townhome: A single-family attached dwelling unit on a separately platted lot which is joined to another selling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 207. Tree: Any self-supporting woody perennial plant which has a trunk diameter of three inches (3”) or more when measured at a point four and one-half (4½’) feet above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. Planning and Zoning Commission 60 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning 208. Triplex: A moderate density use and shall mean a detached building containing three (3) single-family attached dwelling units. 209. Use: The purpose for which land or buildings are or may be occupied in a zoning district. 210. Utility Distribution Lines: Facilities which serve to distribute and transmit electrical power, gas, and water, including but not limited to electrical transmission lines, gas transmission lines, and metering stations. 211. Variance: Relief from or variation of the provisions of these regulations, other than the Use Regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the Zoning Board of Adjustment. 212. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. 213. Wholesale Business: A commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. 214. Width of Lot: The horizontal distance between the side lot lines of a lot measured at right angles to the depth or the same distance measured at the front building line. 215. Width of Side Yard: The least distance between a side wall of a building and the side line of the lot. 216. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. 217. Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. 218. Yard Area: The front, side, and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. 219. Yard, Front: An open space, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being Planning and Zoning Commission 61 of 65 Meeting Date: February 19, 2009 Chapter 13 – Zoning the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 220. Yard, Rear: The required rear yard is an open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line. 221. Yard, Side: An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line. 222. Zoning District: A classification applied to any certain land area within the Town stipulating the limitations and requirements of land usage and development. 223. Zoning Map: The Official Zoning Map of the Town of Trophy Club together with all amendments thereto. B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Town Council of the Town of Trophy Club after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the Town Council, as provided by law. Public hearing before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after such notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the Town Of Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00; Definition No. 74, Ord. No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003- 28 P&Z, § II, 12-1-03; Definition Nos. 9, 13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133, 147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7-18-05), Ord. 2008-24, § 2.01 -Amended Section 2.01 to add definitions for “arbor”, “outdoor kitchen”, and “pergola”,9/8/08. Planning and Zoning Commission 62 of 65 Meeting Date: February 19, 2009 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: January 26, 2009 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: January 30, 2009 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, February 19, 2009 TOWN COUNCIL Monday, March 2, 2009 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, February 19, 2009, to consider: Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards to delete, alter, and/or allow additional “Permitted Uses” for approximately 16.5 acres known as “Village Center”, and other miscellaneous changes to PD-27 as related to this request as deemed necessary. The Town Council will hear the above item on March 2, 2009, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission 63 of 65 Meeting Date: February 19, 2009 BDMR Development LLC 3901 Airport Freeway, Suite 200 Bedford, TX 76021-6117 Drees Custom Homes LP 6225 N. State Hwy 161, Suite 400 Irving, TX 75038-2225 High Trophy Development LP 1221 N. Interstate 35E #200 Carrollton, TX 75006-3806 Northwest I.S.D. P.O. Box 77070 Ft. Worth, TX 76177-0070 Centex Homes 1603 LBJ Fwy, Suite 600 Dallas, TX 75234 Lennar Homes of Texas 1707 Market Place, Suite 270 Irving, TX 75063 First Texas Homes 2221 E. Lamar Street, Suite 960 Arlington, TX 76006-7419 Planning and Zoning Commission 64 of 65 Meeting Date: February 19, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-81-T File ID: Type: Status: 09-81-T Agenda Item Regular Session 1Version: Reference: In Control: Planning & Zoning Commission 02/11/2009File Created: Final Action: *File Name: Title: Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: chuggins@trophyclub.org History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 02/19/2009Planning & Zoning Commission Text of Legislative File 09-81-T Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: High Trophy Development, LLC Represented by Jim Wiegert, Jacobs Consulting (PD AMD-09-030) Planning and Zoning Commission 65 of 65 Meeting Date: February 19, 2009