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Agenda Packet P&Z 03/05/2009Thursday, March 5, 2009 7:00 PM Svore Municipal Building Boardroom 100 Municipal Drive Trophy Club, TX 76262 Meeting Agenda – Amended* Trophy Club Entities Planning & Zoning Commission Call To Order and announce a quorum. *CONTINUATION OF PUBLIC HEARING 1. 09-93-T Public Hearing, Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09- 030) Attachments: Worksession Village Center Staff Report.pdf PD-27 Village Center Regulations.pdf Chapter 13, Article III, Section 3.03 Use Tables.pdf Definitions.pdf REGULAR SESSION 2. 09-97-T Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09-030) Adjourn Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. Planning and Zoning Commission 1 of 24 Meeting Date: March 5, 2009 Planning & Zoning Commission Meeting Agenda March 5, 2009 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Monday, March 2, by 7:00 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 contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Planning and Zoning Commission 2 of 24 Meeting Date: March 5, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-93-T File ID: Type: Status: 09-93-T Agenda Item Regular Session 1Version: Reference: In Control: Planning & Zoning Commission 02/25/2009File Created: Final Action: *File Name: Title: Public Hearing, Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09-030) Notes: Sponsors: Enactment Date: Worksession Village Center Staff Report.pdf ,PD-27 Village Center Regulations.pdf ,Chapter 13, Article III, Section 3.03 Use Tables.pdf ,Definitions.pdf 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 03/05/2009Planning & Zoning Commission Text of Legislative File 09-93-T Public Hearing, Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09-030) Planning and Zoning Commission 3 of 24 Meeting Date: March 5, 2009 PLANNING AND ZONING COMMISSION MEMORANDUM February 19, 2009 SUBJECT: Discussion of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27, Known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC Represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (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 4 of 24 Meeting Date: March 5, 2009 Below is a list of the Permitted Uses in Village Center, along with the items the applicant wishes to add. Legend: Black: Allowed by the existing PD Blue/Yellow: Applicant wishes to add these items Village Center 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 (not restricted to drop off only and with drive through) j. Financial Institutions (with drive through) k. Florist (no outdoor storage) l. Furniture Sales ( no outside sales or display) m. Kindergarten n. Municipal Facilities to include libraries o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices, including but not limited to the following: 1. Accounting & tax preparation 2. Adjustment & collection services 3. Advertising agencies 4. Architecture 5. Bill paying services 6. Business corporate headquarters (when used for office purposes only) 7. Business holding & investment services 8. Chamber of Commerce 9. Chiropractors 10. Computer services 11. Consumer & mercantile credit reporting 12. Contractors offices (provided no outside storage or display is permitted & no overnight packing of vehicles) 13. Dentists 14. Duplication and mailing services 15. Employment services 16. Engineering 17. Finance 18. Interior design 19. Land surveying 20. Law 21. Management consultants 22. Optometrists Planning and Zoning Commission 5 of 24 Meeting Date: March 5, 2009 23. Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise 24. Physicians 25. Podiatrists 26. Psychologists 27. Radio recording & television broadcasting offices & studios 28. Real estate and insurance 29. Securities & commodities brokers, dealers, underwriters, & exchange offices 30. Stenographic services 31. Title companies 32. Travel bureaus or services No overnight parking of company vehicles or equipment to be allowed in association with any of the above professional and administrative uses. q. Religious institutions r. Schools, Private or Public n. Specialty Shops, including but not limited to the following: 1. Cigar Store 2. Ice Cream 3. Hardware Store 4. Photography Store / Studio 5. Hobby/Craft Store 6. Clothing Store 7. Shoe Store 8. Tanning Salon 9. Nail Salon 10. Coffee Shop 11. Sporting Goods 12. Electronics 13. Video rental and sales o. Retirement, Elderly Care Facility p. Pharmacy/Drug store (with drive through) q. Museum/Art Gallery r. Gym / fitness center No outside storage of materials or equipment to be allowed in association with any of the above uses. Planning and Zoning Commission 6 of 24 Meeting Date: March 5, 2009 From the list provided by the applicant, staff would prefer to see permitted uses that provide sales tax revenue to the Town, such as: Appliance rental Art Gallery Copy shop or printing shop Duplication and mailing services Interior design Pharmacist or drug store Restaurants with drive-thrus Retail uses & services wholly enclosed within a building Studio (photography) Theater, indoor Travel bureaus or services PUBLIC HEARING: A public hearing will be conducted on March 19, 2009 by the Planning and Zoning Commission. The Town Council will conduct a public hearing on this item on April 6, 2009. These dates will be advertised in the local newspaper on March 6, 2009. For reference purposes, attached are: • PD-27 Village Center Regulations • Code of Ordinances Use Tables • Definitions Planning and Zoning Commission 7 of 24 Meeting Date: March 5, 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 8 of 24 Meeting Date: March 5, 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 9 of 24 Meeting Date: March 5, 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 10 of 24 Meeting Date: March 5, 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 11 of 24 Meeting Date: March 5, 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 12 of 24 Meeting Date: March 5, 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 13 of 24 Meeting Date: March 5, 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 14 of 24 Meeting Date: March 5, 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 15 of 24 Meeting Date: March 5, 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 16 of 24 Meeting Date: March 5, 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 17 of 24 Meeting Date: March 5, 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 18 of 24 Meeting Date: March 5, 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 19 of 24 Meeting Date: March 5, 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 20 of 24 Meeting Date: March 5, 2009 Definitions pertaining to above uses as stated in the Town of Trophy Club Code of Ordinances: Black: Existing Definitions Blue: Suggested Definitions 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. Community Facilities (to include libraries): Buildings dedicated to social or recreational activities, serving the town or a neighborhood and owned and operated by the town, or by a nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the town. 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. Day Spa, Gym, Fitness Center: A business, open to the general public, which provides various indoor facilities and materials for the purpose of improving the health and fitness of its clients, including such things as indoor swimming pools, weight rooms, running tracks, saunas or steam rooms, hair salon, facial treatment, and massages. Such facilities may include snack bar-refreshment services and a restaurant, subject to all other provisions governing such services. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics are cleaned with substantially non-aqueous solvents. Florist Shop: A shop offering flowers, flower arrangements, services and associated products for sale. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 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 Planning and Zoning Commission 21 of 24 Meeting Date: March 5, 2009 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. Museum: A building dedicated for the collection, display and distrubtion of objects of art or socience, sponsored by a public or quasipublic agency and which facility is open to the general public. Office, Business and Professional: A room or group of rooms for the provision of business and professional services, not including retail sales or production. (see possible replacement) Office: A room, studio, suite, or building or any part thereof in which a person transacts business or carries on a stated occupation. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, or storage of materials, goods or products, or the sale and delivery of any materials, goods or products which are physically located on the premises. Outdoor/outside storage: The permanent and/or continuous keeping or storing as an accessory/incidental use of any merchandise (items intended for sale), equipment, machinery, commodities, raw or semi-finished materials, wrecked or dismantled vehicles, and/or building materials which are not within a fully enclosed building. Other types of waste/surplus materials, such as construction/demolition byproducts (e.g., carpet remnants, scrap lumber/metal/masonry materials, leftover/surplus display shelving components or other furnishings, demolition materials, etc.), shipping materials (e.g., boxes, foam packaging, pallets, etc.), automotive components (e.g., old tires, salvaged parts, etc.), and other similar byproducts are not considered to be included as outdoor/outside storage and must be properly disposed of (i.e., removed from the site; not stored) in a timely manner. Outside display: The temporary display of retail commodities and goods for the purpose of sale outside of an enclosed building. Religious Institution: Shall be held to include a church as defined herein. 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. 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 Planning and Zoning Commission 22 of 24 Meeting Date: March 5, 2009 by the State of Texas; but excluding private trade or commercial schools as herein defined. 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. Planning and Zoning Commission 23 of 24 Meeting Date: March 5, 2009 Master Trophy Club Entities 100 Municipal Drive Trophy Club, TX 76262 File Number: 09-97-T File ID: Type: Status: 09-97-T Agenda Item Regular Session 1Version: Reference: In Control: Economic Development Corporation 4B (EDC 4B) 03/02/2009File Created: Final Action: *File Name: Title: Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09-030) Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: *Entered by: sdeprater@ci.trophyclub.tx.us History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 03/05/2009Planning & Zoning Commission Text of Legislative File 09-97-T Discussion and Take Appropriate Action of a Request to Amend Permitted Uses for Village Center located in PD-Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club. Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs Consulting, and David Keener, Centurion American (PD AMD-09-030) Planning and Zoning Commission 24 of 24 Meeting Date: March 5, 2009