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Agenda Packet P&Z 05/06/2010Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, May 6, 2010 Call To Order and announce a quorum. 1.2010-238-T Review and approve minutes of the April 15, 2010, Planning and Zoning Commission meeting. MeetingMinutes 041510.pdfAttachments: PUBLIC HEARING 2.2010-241-T Continuation of 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 IV. Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Staff Report - PZ 050610.pdf Application.pdf Ordinance - REDLINE - lot coverage.pdf Definitions.pdf Article V.pdf Public Hearing Notice - Lot Coverage.pdf Property Owners - 200-ft.pdf Attachments: REGULAR SESSION 3.2010-135-T Discussion and Recommendation regarding a Preliminary Plat for an approximate 46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering Group Inc. on behalf of Lennar Homes of Texas. (PP-10-018) Staff Report - PZ 050610.pdf Application.pdf Attachments: 4.2010-242-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 IV. Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Planning and Zoning Commission Page 1 of 92 Meeting Date: May 6, 2010 May 6, 2010Planning & Zoning Commission Meeting Agenda Adjourn *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on May 3, 2010, by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Carolyn Huggins Planning and Zoning Manager 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 ______________________, 2010. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 2 of 92 Meeting Date: May 6, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-238-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/20/2010 Planning & Zoning Commission On agenda:Final action:5/6/2010 Title:Review and approve minutes of the April 15, 2010, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 041510.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 3 of 92 Meeting Date: May 6, 2010 12010-238-T Version:File #: Title Review and approve minutes of the April 15, 2010, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 4 of 92 Meeting Date: May 6, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, April 15, 2010 Call To Order and announce a quorum. COMMISSION MEMBERS: Vice Chair James Stephens, Commissioner Robert Ashby, Commissioner Mike Davidson, Commissioner Dennis Sheridan, Commissioner Dale Forest, Chairman Gene Hill, and Commissioner Clayton Reed Present:7 - Staff and Guests Present: Carolyn Huggins, Planning & Zoning Manager Tom Rutledge, Town Engineer Steve Howard, Lennar Homes Steve Lenart, Lenart Development Company Mehrdad Moayedi, Centurion Development Bill Rose, Councilman 2010-169-T1.Review and approve minutes of the March 4, 2010, Planning and Zoning Commission meeting. 030410.pdfAttachments: A motion was made by Commissioner Davidson, seconded by Commissioner Forest, that this Agenda Item be Approved. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Ashby, Commissioner Davidson, Commissioner Sheridan, Commissioner Forest, Chairman Hill, and Commissioner Reed 7 - PUBLIC HEARING Page 1Trophy Club Entities Planning and Zoning Commission Page 5 of 92 Meeting Date: May 6, 2010 April 15, 2010Planning & Zoning Commission Meeting Minutes 2010-201-T2.Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Staff Report - TC NW Park.pdf Application.pdf Property Owner Notification.pdf Newspaper - Public Hearing.pdf Concept Plan.pdf Commercial Recreation District Regulations.pdf 2010-XX P&Z Ordinance.pdf Attachments: This matter was Discussion only - No action taken 2010-209-T3.Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Staff Report - TC.pdf Secton 5.12 - Redline.pdf Gas Well Sites - Highlands.pdf 091009 Highlands Concept Plan.pdf 2003 Int'l Fire Code - Well drilling and operating.pdf Public Hearing - Newspaper.pdf Oil and Gas Well Manual.pdf 2010-XX P&Z Ordinance - Gas Well.pdf Attachments: This matter was Discussion only - No action taken 2010-214-T4.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 Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Staff Report - TC.pdf Application.pdf 041510 Public Hearing - Newspaper Driveway Gates.pdf 041510 Public Hearing - Newspaper Lot Type 4 Lot Coverage.pdf PON Explanation.pdf Property Owners - 200-ft.pdf PD-27 2007-15 Amended REDLINE.pdf Ordinance 2010-XX P&Z.pdf Attachments: This matter was Discussion only - No action taken Page 2Trophy Club Entities Planning and Zoning Commission Page 6 of 92 Meeting Date: May 6, 2010 April 15, 2010Planning & Zoning Commission Meeting Minutes REGULAR SESSION 2010-215-T5.Consider and take appropriate action regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) A motion was made by Commissioner Davidson, seconded by Commissioner Reed, that this Agenda Item be Approved. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Ashby, Commissioner Davidson, Commissioner Forest, Chairman Hill, and Commissioner Reed 6 - No:Commissioner Sheridan1 - 2010-216-T6.Consider and take appropriate action regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) stipulation that the Gas Well Manual noise decibel levels and measurement distance be reviewed and modified by the Town Council to accommodate the shorter distance of 200-ft. A motion was made by Commissioner Sheridan, seconded by Vice Chair Stephens, that this Agenda Item be Recommended for Approval with Conditions to the Town Council. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Ashby, Commissioner Davidson, Commissioner Sheridan, Commissioner Forest, Chairman Hill, and Commissioner Reed 7 - 2010-217-T7.Consider and take appropriate action regarding 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, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) tabled lot coverage for further consideration by P&Z; sent gate/fencing on to Council. A motion was made by Commissioner Davidson, seconded by Commissioner Reed, that this Agenda Item be Tabled and Referred to the Planning & Zoning Commission, on 5/6/2010. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Ashby, Commissioner Davidson, Commissioner Sheridan, Commissioner Forest, Chairman Hill, and Commissioner Reed 7 - to allow a gate and associated fencing on Lot Types 1, 2, and 3 in the Highlands; lot coverage not considered-sent back to P&Z for further consideration. This matter was Referred to the Town Council, due back on 4/26/2010 Page 3Trophy Club Entities Planning and Zoning Commission Page 7 of 92 Meeting Date: May 6, 2010 April 15, 2010Planning & Zoning Commission Meeting Minutes Adjourn 8:57 p.m. _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Planning & Zoning Manager Page 4Trophy Club Entities Planning and Zoning Commission Page 8 of 92 Meeting Date: May 6, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-241-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/29/2010 Planning & Zoning Commission On agenda:Final action:5/6/2010 Title:Continuation of 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 IV. Lot Type Regulations, and other miscellaneous changes to PD- 27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments:Staff Report - PZ 050610.pdf Application.pdf Ordinance - REDLINE - lot coverage.pdf Definitions.pdf Article V.pdf Public Hearing Notice - Lot Coverage.pdf Property Owners - 200-ft.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 9 of 92 Meeting Date: May 6, 2010 12010-241-T Version:File #: Title Continuation of 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 IV. Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Planning and Zoning Commission Page 10 of 92 Meeting Date: May 6, 2010 PLANNING & ZONING COMMISSION May 6, 2010 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 IV. Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) REQUEST: To amend the Lot Type Regulations for PD-27, The Highlands at Trophy Club, to allow an increase in lot coverage of Lot Type 4 lots from 40% to 43%. There are approximately 177 Lot Type 4 lots and all are located in Neighborhood 1. Alternative: Chapter 13-Zoning Ordinance – amend and/or adopt new regulations affecting the type of main and accessory buildings and structures used to calculate lot coverage. Lot Type 4 Lot Coverage Increase from 40% to 43% PD-27 regulates the lot coverage allowed for each lot type in The Highlands at Trophy Club, Neighborhoods 1 through 9. There are five lot types. The lot types, sizes, and coverages are as follows: TYPE MINIMUM LOT SIZE LOT COVERAGE Lot Type 1 12,000 sq. ft. 35% Lot Type 2 10,000 sq. ft. 40% 45% - up to 119 lots (of 238 total) Lot Type 3 8,400 sq. ft. 40% Lot Type 4 7,200 sq. ft. 40% Lot Type 5 5,250 sq. ft. Less than 6,000 sq. ft. lot shall not exceed 50% Equal to or greater than 6,000 sq. ft. shall not exceed 60% Planning and Zoning Commission Page 11 of 92 Meeting Date: May 6, 2010 A summary of Lot Type 4 Regulations is as follows: Minimum Square Footage: 7,200 sq. ft. Typical Dimension: 60’ x 120’ Minimum Width: 60’ Minimum Depth: 100’ Yard Setbacks: Front: 20’ – 26’ Side: 5’ Side Adjacent to Street: 15’ Rear: 20’ Minimum Dwelling Sq. Ft.: 1,650 sq. ft. PD-27 defines “Lot Coverage” for Lot Type 4 as follows: Lot Coverage: The combined area covered by all main buildings and accessory structures… Swimming pools and spas shall not be included in determining maximum building coverage. Lot Coverage is calculated using the square footage of the first floor (only) footprint of buildings and structures (including garages and covered patios) and dividing that figure by the total square feet of the lot. For instance, a Lot Type 4 home with a lot size of 7,200 sq. ft. currently can have 40% lot coverage, which allows a home with a first floor footprint of 2,880 sq. ft. 2,880 divided by 7,200 = 40% For this example, an increase in lot coverage to 43% will allow the first floor footprint to increase by 216 sq. ft. 3,096 divided by 7,200 = 43% Building Inspector, Chris King, will be attending the Planning and Zoning Commission meeting to discuss this request and to discuss the alternate suggestion of changing the types of buildings and structures considered in the calculation of lot coverage. PUBLIC HEARING: This item is a continuation of the public hearing notice published in the local newspaper on March 31, 2010, for the April 15 P&Z meeting. All property owners (153) within PD-27 were notified of this request. Planning and Zoning Commission Page 12 of 92 Meeting Date: May 6, 2010 Attachments: Application PD-27 Regulations – Redline Copy Zoning Ordinance – Article II (Definitions) and Article V (Supplementary District Regulations) Public Hearing Notice(s) Property Owner Notice/List Planning and Zoning Commission Page 13 of 92 Meeting Date: May 6, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 4 o f 9 2 M e e t i n g D a t e : M a y 6 , 2 0 1 0 ORDINANCE NO. 2007-15 P&Z Including Amendments: 2010-XX P&Z Council Approval 5/17/10, Lot Coverage, Lot Type 4 2010-XX P&Z Council Approval 4/26/10, Driveway Gate & Fencing, Lot Types 1, 2, and 3 2010-01 P&Z Council Approval 2/1/10, Restaurants – Village Center 2009-30 P&Z Council Approval 11/2/09, Neighborhood 8 Revisions 2009-01 P&Z Council Approval 1/5/09, Key Lot Definition; Fencing 2008-39 P&Z Council Approval 12/1/08, Correction to Table No. 4-1 for Lot Type 3 Side Yard Setback 2007-30 P&Z Council Approval 11/5/07, Lot Coverage for Lot Type 2 Lots, Neighborhoods 3 & 4 FOR A 696.9 ACRE TRACT OF LAND KNOWN AS PD-27 THE HIGHLANDS AT TROPHY CLUB TROPHY CLUB, DENTON COUNTY, TEXAS Exhibit “A” – Legal Description Exhibit “B” – Development Standards Exhibit “C” – Concept Plan Exhibit “D” – Street Type Exhibits Exhibit “E” – Park Plan Concepts Exhibit “F” – Pathway Plan Deleted: ¶ Deleted: ¶ Planning and Zoning Commission Page 15 of 92 Meeting Date: May 6, 2010 EXHIBIT “B” DEVELOPMENT STANDARDS I. PROJECT LOCATION The Highlands at Trophy Club consists of approximately 696.9 acres of land generally to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of The Lakes Subdivision and Parkview Drive, south of the Corps of Engineer’s property, and west of the Town’s eastern town limit. Planning and Zoning Commission Page 16 of 92 Meeting Date: May 6, 2010 II. PURPOSE AND INTENT A. Purpose and Intent: The purpose of the district is to create a master planned community featuring a mixture of housing types and commercial uses in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which include such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks and plazas. 3. The Highlands at Trophy Club PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Highlands at Trophy Club Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Highlands at Trophy Club District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the Town shall apply to The Highlands at Trophy Club. Planning and Zoning Commission Page 17 of 92 Meeting Date: May 6, 2010 III. DEFINITIONS Accessory Building: A subordinate building or structure of masonry and/or wood construction that is detached from the main building and customarily incidental to the principal building. Block: A continuous street edge along any one side, between any intersections with a Street, Mews, or Court. Court: A street with buildings fronting across the street from a central green or open space. Covered Front Porch: An area of at least 60 S.F. covered by the main roof or an architectural extension. Gifts to the Street: Building enhancements that improve the feel and experience of the street, including porches, stoops, bay windows, balconies, masonry clad chimneys, attached pergolas and colonnades. Green: A publicly accessible space with turf and landscaping fronted by buildings either directly or across the street. Key Lot: 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. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) Kiosk Sign: A sign that contains individual panels and that is generally used to provide direction to residential subdivisions from major thoroughfares or to provide direction to schools, amenities, information centers, community facilities and neighborhoods within a residential subdivision. The Highlands at Trophy Club Concept Plan (Exhibit C): The graphic plan for The Highlands at Trophy Club that establishes and delineates the respective PD sub-districts such as the Village Center and other Neighborhoods. Main Structure: The primary residence to be constructed on any Lot. Primary Residence: The dwelling place that a person occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes. Public Open Space: Whether maintained by the school district through a joint use agreement, private association or public improvement district, publicly accessible parks, greens, squares, courtyards, plazas, parkways, medians, commons and tot lots, shall constitute Public Open Space. Pull Through Garage: A garage that is sited at the rear of a lot and behind the principal structure that requires a driveway adjacent to the principal structure to connect the garage with the street fronting the principal structure. Shall: A term requiring compliance. Planning and Zoning Commission Page 18 of 92 Meeting Date: May 6, 2010 Shared Parking: Parking areas that provide parking for multiple commercial sites or pads. Should: A term encouraging compliance. Side Street: A street that principally is fronted by the side of a residential or commercial building on a corner lot. Transparency: Windows, glass doors and other clear façade treatments that provide a sense of openness to a structure. Planning and Zoning Commission Page 19 of 92 Meeting Date: May 6, 2010 IV. LOT TYPE REGULATIONS The Highlands at Trophy Club will include a variety of lot types in order to achieve the goals established for the district. The lot types and requirements for each shall be as follows: A. Lot Type 1: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 1 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 1 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 12,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Planning and Zoning Commission Page 20 of 92 Meeting Date: May 6, 2010 Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one half story or two story residence 2,500* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Front Yard: 25 feet minimum Rear Yard (Golf Course): 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard (Golf Course): 10 feet minimum Side Yard: 10 feet minimum; provided that the distance between buildings and structures on contiguous lots remains a minimum 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. Side Yard Adjacent to Street: 20 feet minimum Lot Width: 90 feet minimum; (measured at the front building line) Lot Width Adjacent to Side Street: 100 feet (measured at the front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Planning and Zoning Commission Page 21 of 92 Meeting Date: May 6, 2010 B. Lot Type 2: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 2 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 2 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty- five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Additional regulations for Neighborhoods 3 & 4: Of the 238 Type 2 Lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots the combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining Planning and Zoning Commission Page 22 of 92 Meeting Date: May 6, 2010 maximum building coverage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one half story or two story residence 2,250* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Additional regulations for Neighborhoods 3 & 4: (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Type of Structure Golf Course Lots All Other Lots One story residence 2,700 2,700 One and one half story or two story residence 2,700* 2,700* Front Yard: 25 feet minimum Rear Yard: Golf Course: 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: Golf Course: 10 feet minimum Side Yard: 7.5 feet minimum; provided that the distance between buildings remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet Side Yard: Adjacent to Street: 15 feet minimum Lot Width: 80 feet minimum (measured at the front building line) Lot Width: Adjacent to Side Street: 90 feet minimum (measured at the front building line) Planning and Zoning Commission Page 23 of 92 Meeting Date: May 6, 2010 Lot Depth: 110 feet minimum Lot Depth: Corner or cul-de-sac lot: 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Additional regulations for Neighborhoods 3 & 4: Any lot that exceeds coverage in excess of 40% must have a 3-car garage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Planning and Zoning Commission Page 24 of 92 Meeting Date: May 6, 2010 C. Lot Type 3: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 3 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 3 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot size: 8,400 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet Front Yard: 25 feet minimum Planning and Zoning Commission Page 25 of 92 Meeting Date: May 6, 2010 Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: 5 feet minimum Side Yard Adjacent to Street: 15 feet minimum Lot Width: 70 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 80 feet minimum (measured at front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 90 feet minimum Garage: May not face front street unless set back at least 30 feet from the front building line; may not face side street unless set back 50 feet from the side street right-of-way. Planning and Zoning Commission Page 26 of 92 Meeting Date: May 6, 2010 D. Lot Type 4: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than seven thousand, two hundred (7,200) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 4 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 4 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 7,200 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty-three percent (43%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: One-Story = 1,650 square feet Two-Story = 1,800 square feet Front Yards: Front yard setbacks shall vary and shall be shown on the Final Plat for the subdivision. To create a variety of front yards on each street, a relatively equal number of lots shall Deleted: 0 Planning and Zoning Commission Page 27 of 92 Meeting Date: May 6, 2010 be platted with 20’, 23’, and 26’ minimum front yards. Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: A minimum of five (5) feet on each side. Side Yard Adjacent to Street: 15 feet minimum Lot Width: 60 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 70 feet (measured at front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. At least 75% of garages shall be set back 2’ from the main façade. Garage doors facing a street must have one of the following: 1) Covered by a minimum 4’ deep Porte-cochere or eave, or 2) Set back 10’ minimum from main façade; and at least one of the following: 3) Architectural enhancements to garage doors, which can include decorative hardware, decorative windows, or panel detailing. Planning and Zoning Commission Page 28 of 92 Meeting Date: May 6, 2010 E. Lot Type 5: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than five thousand, two hundred fifty (5,250) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 5 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 5 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed two (2) stories in height, the maximum height of two stories not to exceed forty (40) feet. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 5,250 square feet minimum 65 lots larger than 6,000 sq. ft. 30 lots larger than 7,000 sq. ft. Lot Coverage: The combined area covered by all main buildings and accessory structures for lots:  less than 6,000 sq. ft. shall not exceed fifty percent (50%) of the total lot area;  equal to or greater than 6,000 sq. ft. shall not exceed sixty percent (60%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet. Planning and Zoning Commission Page 29 of 92 Meeting Date: May 6, 2010 Front Yard: 15-ft. minimum for main façade of home; Garage door must have a minimum 20-ft. front setback. Rear Yard: 20 feet minimum Side Yard: 5 feet Side Yard Adjacent to Street: 10 feet minimum Lot Width: 50 feet minimum (measured at the front building line) Lot Width Adjacent to Side Street: 55 feet minimum (measured at the front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. Must have a minimum 20-ft. front setback. All garage doors must be stained cedar. All garages must have a minimum 2-ft. offset between the front elevation of the house and the garage. 6. Gifts to the Street: In addition to the three (3) “Gifts to the Street” required in Section VI, Development and Design Standards, Subsection F.1, each Lot Type 5 single family home in Neighborhood 8 must utilize three of the following improvements:  Exposed aggregate driveway  10/12 pitch roof  Masonry arches  Two 3-inch trees  Two carriage lights on the front of the home  Divided light windows 7. Screening Regulations:  Perimeter landscaping and screening adjacent to Trophy Park Drive shall match the existing landscape and screening on the opposite side of Trophy Park Drive. Materials and construction specifications shall be approved by Town prior to construction.  Perimeter landscaping and screening adjacent to Trophy Club Drive shall match the existing landscape and screening constructed on Trophy Club Drive within The Highlands at Trophy Club development. Materials and construction specifications shall be approved by Town prior to construction. Planning and Zoning Commission Page 30 of 92 Meeting Date: May 6, 2010 TA B L E N O . 4 - 1 Su m m a r y o f L o t T y p e R e g u l a t i o n s Lo t Ty p e Mi n . Sq u a r e Fo o t a g e Ty p i c a l Di m e n s i o n s Mi n . Wi d t h Mi n . De p t h Ya r d S e t b a c k s M i n . D w e l l i n g S q u a r e Fo o t a g e F r o n t S i d e Si d e Ad j a c e n t To S t r e e t Re a r G o l f O t h e r s 1 * 1 2 , 0 0 0 s . f . 1 0 0 ’ x 1 2 0 ’ 9 0 ’ 1 1 0 ’ 2 5 ’ * 1 0 ’ 2 0 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 2 * 1 0 , 0 0 0 s . f . 8 0 ’ x 1 2 5 8 0 ’ 1 1 0 ’ 2 5 ’ * 7 . 5 ’ 1 5 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 3 8 , 4 0 0 s . f . 7 0 ’ x 1 2 0 ’ 7 0 ’ 1 1 0 ’ 2 5 ’ 5 ’ 1 5 ’ 20 ’ 1, 8 0 0 s . f . 4 7 , 2 0 0 s . f . 6 0 ’ x 1 2 0 ’ 6 0 ’ 1 0 0 ’ 2 0 ’ - 2 6 ’ 5 ’ 1 5 ’ 20 ’ 1, 6 5 0 s . f . 5 5 , 2 5 0 s . f . 5 0 ’ x 1 0 5 ’ 5 0 ’ 1 0 0 ’ 1 5 ’ / 2 0 ’ * * 5 ’ 1 0 ’ 20 ’ 1, 8 0 0 s . f . *A d d i t i o n a l G o l f C o u r s e L o t R e q u i r e m e n t s . R e f e r t o L o t T y p e R e g u l a t i o n s . ** 1 5 - f t . m i n i m u m f o r m a i n f a ç a d e o f h o m e ; G a r a g e d o o r m u s t h a v e a m i n i m u m 2 0 - f t . f r o n t s e t b a c k . (S i d e Y a r d S e t b a c k f o r L o t T y p e 3 T y p o g r a p h i c a l E r r o r c o r r e c t e d b y C o u n c i l , O r d i n a n c e 2 0 0 8 - 3 9 P & Z , A p p r o v e d 1 2 / 1 / 0 8 ) Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 31 of 92 Meeting Date: May 6, 2010 V. NEIGHBORHOOD REGULATIONS A. Neighborhood 1: Neighborhood 1 shall include the following four (4) lot types:  Lot Types 1 and 2 shall be required along Trophy Club Drive and represent approximately 20 lots with Lot Type 1 at the corner lots of the one-way courts facing Trophy Club Drive.  Lot Type 3 - Approximately 22 lots.  Lot Type 4 - Approximately 177 lots. Total Number of Lots: 219 B. Neighborhood 2: Neighborhood 2 shall include the following two (2) lot types:  Lot Type 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 6 lots.  Lot Type 2 - Approximately 144 lots. Total Number of Lots: 150 C. Neighborhood 3: Neighborhood 3 shall include the following two (2) lot types:  Lot Types 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 4 lots.  Lot Type 2 – Approximately 136 lots. Total Number of Lots: 140 D. Neighborhood 4: Neighborhood 4 shall include the following two (2) lot types:  Lot Type 1 shall be located adjacent to the Golf Course and represent approximately 80 lots.  Lot Type 2 - Approximately 104 lots. Total Number of Lots: 184 Planning and Zoning Commission Page 32 of 92 Meeting Date: May 6, 2010 E. Neighborhood 5: Neighborhood 5 shall include the following three (3) lot types:  Lot Types 1 and 2 shall be required along Trophy Club Drive with Lot Type 1 required at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 34 lots.  Lot Type 3 - Approximately 137 lots. Total Number of Lots: 171 F. Neighborhood 6: Neighborhood 6 shall include the following two (2) lot types:  Lot Type 1 shall be located at the corner lots of the one-way courts facing Trophy Club Drive and adjacent to the Golf Course between NH-4 and NH-6. Lot Type 1 shall represent approximately 35 lots.  Lot Type 2 - Approximately 136 lots. Total Number of Lots: 171 G. Neighborhood 7: Neighborhood 7 shall include the following two (2) lot types:  Lot Type 1 – One (1) lot.  Lot Type 3 - Approximately 222 lots. Total Number of Lots: 223 H. Neighborhood 8: Neighborhood 8 shall include the following one (1) lot type:  Lot Type 5 shall represent a maximum of 185 lots. Total Number of Lots: 185 The Private Open Space within the Neighborhood 8 property limits will be maintained by a Homeowners Association. A connector trail in Neighborhood 8 behind open space is required. Planning and Zoning Commission Page 33 of 92 Meeting Date: May 6, 2010 I. Neighborhood 9: Neighborhood 9 shall include the following lot type:  Lot Type 1 - Approximately 46 lots. Total Number of Lots: 46 The maximum number of lots permitted within the Highlands at Trophy Club PD District shall not exceed 1,489 lots. The number of lots for any given lot type in a neighborhood can increase by a maximum 5% but the total number of lots can not exceed 1,489 lots and the total number of Lot Types 3-5 shall not exceed the totals listed in Table 5-1 (for each Lot Type individually). Planning and Zoning Commission Page 34 of 92 Meeting Date: May 6, 2010 TA B L E N O . 5 - 1 Ne i gh b o r h o o d L o t a n d D e n s i t y S u m m a r y Ty p e 1 2 3 4 5 Mi n S F 12 , 0 0 0 1 0 , 0 0 0 8 , 4 0 0 7 , 2 0 0 5 , 2 5 0 T o t a l Gr o s s Ac r e a g e Op e n Sp a c e Ne t Ac r e a g e Gr o s s De n s i t y Ne t De n s i t y NH 1 4 1 6 2 2 1 7 7 - 2 1 9 8 4 . 3 1 2 0 . 5 0 6 3 . 8 1 2 . 6 3 . 4 2 6 1 4 4 - - - 1 5 0 6 1 . 9 5 0 . 0 0 6 1 . 9 5 2 . 4 2 . 4 3 4 1 3 6 - - - 1 4 0 5 8 . 8 1 5 . 2 8 5 3 . 5 3 2 . 4 2 . 6 4 8 0 1 0 4 - - - 1 8 4 8 8 . 7 2 0 . 0 0 8 8 . 7 2 2 . 1 2 . 1 5 4 3 0 1 3 7 - - 1 7 1 7 9 . 9 1 2 6 . 0 4 5 3 . 8 7 2 . 1 3 . 2 6 3 5 1 3 6 - - - 1 7 1 8 4 . 6 7 9 . 3 3 7 5 . 3 4 2 . 0 2 . 3 7 1 - 2 2 2 - - 2 2 3 1 2 1 . 0 7 3 9 . 0 3 8 2 . 0 4 1 . 8 2 . 7 8 - - - - 1 8 5 1 8 5 5 2 . 6 6 0 . 0 0 5 2 . 6 6 3 . 5 3 . 5 9 4 6 - - - - 4 6 1 9 . 2 3 0 . 0 0 1 9 . 2 3 2 . 4 2 . 4 Pu b l i c P a r k N / A 2 9 . 2 2 0 . 0 0 2 9 . 2 2 N / A N / A Re s i d e n t i a l T o t a l 18 0 5 6 6 3 8 1 1 7 7 1 8 5 1 , 4 8 9 6 8 0 . 3 3 10 0 . 1 8 5 8 0 . 1 5 2 . 2 2 . 6 Pe r c e n t a g e 12 . 1 % 3 8 . 0 % 2 5 . 6 % 1 1 . 3 % 1 2 . 4 % 1 0 0 . 0 % - - - - Vi l l a g e C e n t e r - - - - - N / A 1 6 . 5 9 1 6 . 5 9 N / A N / A To t a l 1 , 4 8 9 6 9 6 . 9 2 5 9 6 . 7 4 N / A N / A No t e s : 1. N e t A c r e a g e – N e t o f F E M A F l o o d p l a i n a n d F l o w a g e E a s e m e n t . Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 35 of 92 Meeting Date: May 6, 2010 VI. DEVELOPMENT AND DESIGN STANDARDS A. Street Types: The following street types shall establish the criteria for streets allowed within The Highlands at Trophy Club PD District. Section drawings for each street type are illustrated in Exhibit D. 1. Trophy Club Drive (C4D – Major Collector, Divided, 90’ Right-of-Way). Classification: Designed to handle the large volumes of traffic from one area of Town to another and to serve as the major point of ingress/egress to the Town. Direct residential driveway access is not allowed. Public Right-of-Way Width: 90’ Design Speed: 40 m.p.h. Pavement Width: Two (2) - 25’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 700’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Landscape Median (Measured from Back-of-Curb): 18’ in Width Parking: No parking allowed. 2. Minor Collector (C2U – Minor Collector, 60’ Right-of-Way) Classification: Designed to carry neighborhood traffic to the major collectors. Direct residential driveway access is not allowed. Public Right-of-Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 41’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Parking allowed on both sides of street. 3. Residential Avenue, 60’ Right-of-Way Classification: A street internal to the neighborhood designed to carry neighborhood traffic to minor collectors and thoroughfares. Public Right of Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 37’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. Planning and Zoning Commission Page 36 of 92 Meeting Date: May 6, 2010 4. Local Street (L2U – Local Street, 50’ Right-of-Way) Classification: Designed to provide access to residential areas. Public Right of Way Width: 50’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. 5. Local Two – Way Court, 40’ Right-of-Way. Classification: Designed to provide access to residential areas. Use of this street section is restricted to single loaded streets adjacent to open space. Public Right-of-Way Width: 40’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. 6. Local One – Way Court, 35’ Right-of-Way. Classification: Designed to provide driveway access for homes facing Trophy Club Drive. Street is single loaded and has an open space buffer between the street and Trophy Club Drive. Number of lots served by this street section shall be limited to 30. Public Right-of-Way Width: 35’ Design Speed: 20 m.p.h. Pavement Width: 24’, or, 20’ with 4’ Hard Surface for Fire Access Curb Radii: TBD* Minimum Centerline Radius for Curves: TBD* Minimum Tangent between Reverse Curves: TBD* Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. Sidewalk: Sidewalk is not required for homes facing a one-way court. *To be determined at time of platting Planning and Zoning Commission Page 37 of 92 Meeting Date: May 6, 2010 Existing platted streets shall conform to the standards established in The Highlands at Trophy Club Street Types when subject to redesign. However, this will not change already-platted right-of-way. The Town Engineer shall have the discretionary authority to consider and approve exceptions to the Street Design Standards based on compelling evidence of hardship on a case-by-case basis. Planning and Zoning Commission Page 38 of 92 Meeting Date: May 6, 2010 TA B L E N O . 6 - 1 Ro a d w a y S t a n d a r d s St r e e t T y p e De s i g n Sp e e d * St r e e t RO W Wi d t h St r e e t Pa v e m e n t Wi d t h Pa r k w a y W i d t h Cu r b Re t u r n Ra d i i Mi n i m u m Ce n t e r l i n e Ra d i i Me d i a n Wi d t h Mi n T a n g e n t B e t w e e n Re v e r s e C u r v e s C4 D - M a j o r C o l l e c t o r 40 9 0 ' 2 - 2 5 ' 1 1 ' 3 0 ' 7 0 0 ' 1 8 ' 5 0 ' C2 U - M i n o r C o l l e c t o r 30 6 0 ' 4 1 ' 9 . 5 ' 3 0 ' 3 0 0 ' - 5 0 ' Re s i d e n t i a l A v e n u e 30 6 0 ’ 3 7 ’ 1 1 . 5 ’ 2 5 ’ 3 0 0 ’ - 50 ’ L2 U - L o c a l S t r e e t 30 5 0 ' 2 7 ' 1 1 . 5 ' 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l T w o - W a y C o u r t 30 4 0 ' 2 7 ' 11 . 5 ' ( o n e s i d e on l y ) 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l O n e - W a y C o u r t 30 3 5 ' 2 4 ' * * 10 ' ( o n e s i d e on l y ) TB D * * * T B D * * * - T B D * * * No t e s : * D e s i g n S p e e d d o e s n o t i m p l y s p e e d l i m i t . S p e e d L i m i t s e t i n a c c o r d a n c e w i t h T o w n o r d i n a n c e . * * O r 2 0 ’ w i t h 4 ’ H a r d S u r f a c e f o r F i r e A c c e s s . A l l S t r e e t P a v e m e n t w i d t h s a r e t o b a c k o f c u r b . * * * T o b e d e t e r m i n e d a t t i m e o f p l a t t i n g Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 39 of 92 Meeting Date: May 6, 2010 B. Accessory Structures: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 35 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. C. Screening and Fences: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 45 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance, with the following modifications: 1. Fencing on corner lots facing side streets shall be enhanced wooden fences (board-on-board or other design, with a top cap). All enhanced fencing within any neighborhood shall be consistent, and shall be approved with the Detailed Site Plan. 2. Fencing facing open space, parks, floodplain, or flowage easement shall be wrought iron (or tubular steel) as required by Town Ordinance, with the exceptions of the following that may be solid wood fencing: a) Facing gas well sites. b) Facing active use park areas (ball fields, swim center, neighborhood center, etc.) c) Facing other areas specifically approved at the time of Detailed Site Plan. 3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 1 and 2 shall be located 10-ft. from the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 3 and 4 shall be located on the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 5. Side yards adjacent to perimeter fencing may connect to the perimeter fencing and the side yard 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 the fence connecting to the perimeter fencing. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located Deleted: 54¶ Planning and Zoning Commission Page 40 of 92 Meeting Date: May 6, 2010 beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material must be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall; In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. D. Landscape Standards: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 47 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. 1. Additional Requirements: a. The median within Trophy Club Drive shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. b. Common areas adjacent to streets shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. 2. Tree Requirements: A minimum of one (1) tree per 30’ of lot front yard width is required. Lot Type 2 shall have a minimum of two (2) trees. Trees are allowed in the parkway. Trees shall be a minimum 3” caliper and be one of the trees listed below to count toward tree requirements. Tree List Bald Cypress Bradford Pear Cedar Elm Chinese Pistachio Homestead Elm Lace Bark Elm Deleted: 54¶ Planning and Zoning Commission Page 41 of 92 Meeting Date: May 6, 2010 “Little Gem” Magnolia Live Oak October Glory Maple Southern Magnolia Texas Red Oak E. Off-Street Parking Requirements: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 48 of the Town of Trophy Club Zoning Ordinance. F. Residential Architectural Standards: 1. Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: Architectural garage doors Architectural pillars or posts Bay window Brick chimney on exterior wall (front of house) Cast stone accents Covered front porches Cupolas or turrets Dormers Gables Garage door not facing street Metal roof accents Multiple types of masonry materials Recessed entries, a minimum of three (3) feet deep 812 Primary roof pitch Separate transom windows Variable roof pitch Shutters At least 20 percent of the houses constructed within each phase of the Planned Development Site Plan shall have a covered front porch. Buildings on corner lots shall be constructed with a Gift to the Street on both the front and side street elevations. 2. Building Materials: a. All residences shall be constructed primarily of masonry as set forth below. Masonry shall be defined for The Highlands at Trophy Club as brick, stone, and stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. i. For one-story homes and for the first story of two-story homes, 100% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas under Deleted: 54¶ Planning and Zoning Commission Page 42 of 92 Meeting Date: May 6, 2010 covered porches one story in height, and other architectural projections. ii. For areas above the first story of two-story homes, a minimum of 80% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, areas under covered porches not extending to the first floor, and other architectural projections. iii. For all homes, the front and street sides shall have 100% of all exterior wall surfaces constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, area under covered porches not extending to the first floor, and other architectural projections. b. Roofs shall be constructed of a process and of materials that shall have a minimum installation and manufacture’s warranty of thirty (30) years. Minimum roof pitch shall be a 6/12, except for the roofs of sheds and porches. Seamless and standing seam metal roofs are permitted provided that they are of architectural quality. No wooden shingles shall be used on roofs. 3. Garages: All residential lots shall provide a two-car (or larger) garage. The minimum dimension of two-car garages shall be 19.5’ in width and 21.5’ in depth. Garages shall not face a golf course. 4. Signage in Residential Areas: Monuments signs at the entry-ways of neighborhoods shall be allowed that conform to the monument standards approved by the Town. Ornamental hanging signs suspended from a decorative post shall be allowed in lieu of monument signs for entry-ways of neighborhoods. 5. HVAC Screening: All buildings shall be designed such that mechanical equipment (HVAC, etc.), excepting vents and stacks, is not visible from the public right-of-way or open space, or is screened by two (2) or more shrubs. The minimum height of shrubs at the time of installation/planting shall be at least three feet (3’) in height. 6. Lighting: Street lights shall be installed and located as required by the Town’s Subdivision Regulations. Homeowner alley lighting shall be located on garage walls facing the alley, shall be directed in a downward direction, and shall not exceed 100 watts. Detailed typicals of street lights shall be determined at the time of Planned Development Detailed Site Plan. Deleted: 54¶ Planning and Zoning Commission Page 43 of 92 Meeting Date: May 6, 2010 7. Elevations: Single family house plans for Lot Types 1 – 5 shall vary from lot to lot as follows: a. The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two elevations located on an adjacent lot directly to the rear. b. The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. Deleted: 54¶ Planning and Zoning Commission Page 44 of 92 Meeting Date: May 6, 2010 Chapter 13 - Zoning Article II Definitions Section 2.01 Catchlines The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the Section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00) Planning and Zoning Commission Page 45 of 92 Meeting Date: May 6, 2010 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 Page 46 of 92 Meeting Date: May 6, 2010 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 Page 47 of 92 Meeting Date: May 6, 2010 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 Page 48 of 92 Meeting Date: May 6, 2010 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 Page 49 of 92 Meeting Date: May 6, 2010 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 Page 50 of 92 Meeting Date: May 6, 2010 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 Page 51 of 92 Meeting Date: May 6, 2010 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 Page 52 of 92 Meeting Date: May 6, 2010 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 Page 53 of 92 Meeting Date: May 6, 2010 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 Page 54 of 92 Meeting Date: May 6, 2010 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 Page 55 of 92 Meeting Date: May 6, 2010 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 Page 56 of 92 Meeting Date: May 6, 2010 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 Page 57 of 92 Meeting Date: May 6, 2010 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 Page 58 of 92 Meeting Date: May 6, 2010 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 Page 59 of 92 Meeting Date: May 6, 2010 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 Page 60 of 92 Meeting Date: May 6, 2010 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 Page 61 of 92 Meeting Date: May 6, 2010 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 Page 62 of 92 Meeting Date: May 6, 2010 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 Page 63 of 92 Meeting Date: May 6, 2010 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 Page 64 of 92 Meeting Date: May 6, 2010 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 Page 65 of 92 Meeting Date: May 6, 2010 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 Page 66 of 92 Meeting Date: May 6, 2010 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 Page 67 of 92 Meeting Date: May 6, 2010 Chapter 13 - Zoning 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. 1. Carnivals. 2. Circus 3. Fairgrounds. 4. Community Festivals (not including community garage sales) 5. Community Garage Sales, by Special Privilege, see Section 5.01(E) 6. Religious assemblies. 7. Sports events. 8. Political rallies. 9. Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. 10. Armed forces displays. 11. Educational or informational displays. 12. Temporary sales of merchandise by non-profit organizations. 13. Real estate sales offices, (located in a permanent residential structure) but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years; 14. Off street parking for Model Homes in residential districts, provided on one lot which complies with all set back requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use maybe renewed annually. 15. Construction office used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such improvement or building, providing such temporary use is renewed annually. 16. Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. Planning and Zoning Commission Page 68 of 92 Meeting Date: May 6, 2010 Chapter 13 - Zoning B. Residential Districts: A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for 5.03(A)(9) above which shall not be located closer than one thousand (1,000) feet to a developed residential district. C. Temporary Use Permit: A permit for the temporary use of any property for the above listed uses shall be secured from the Town Planning and Zoning Administrator prior to such use, after approval by the Town Council and after payment of all applicable fees. D. Time Period: Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off street parking for model homes in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. Annual Extensions of the temporary use permit may be issued by the Zoning Administrator upon written request by the applicant. E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after recommendation by the Planning and Zoning commission, a community garage sale shall be permitted by Special Privilege to civic organizations or non-profit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said Special Privilege shall be condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the Town Department of Public Safety. (Ord No. 98-29, § XXXIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXIII, 3-21-00) Planning and Zoning Commission Page 69 of 92 Meeting Date: May 6, 2010 Chapter 13 – Zoning Rev. 11/02/09 Section 5.03 Accessory Structures and Uses An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: A. All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Except as otherwise provided herein, and excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Storage/utility buildings, regardless of size shall require a permit on all lots abutting public and private parks or the golf course. Ord. No. 2006-34 P & Z § II revised Section (1)(a), 9-11-06, Ord. No. 2006-46 amended to revise (A)(1)(a), 11/20/06 b. The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single- family dwelling, i. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45’) from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. ii. Cabana, pavilion, gazebo iii. Storage/utility buildings (masonry or wood) iv. Greenhouse (as hobby, not business) v. Home workshop vi. One Flag Pole less than twenty feet (20’) in height per residential lot; flagpoles are allowed in the front yard but cannot be in Town right-of-way or in any identified easements; and must be a minimum of six feet (6’) from rear and side lot lines. Permissible flags are as defined in the Code of Ordinances, Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.07. Ord. No. 2009-09 P & Z § II revised Subsection A(1)(b)(vi), 5/18/09 vii. Tennis court/ Basketball court viii. Guest House ix. Swimming Pool/Hard Top Pool Cover Ord. No. 2006-34 P & Z § II, revised Section (1)(b)(ix), 9-18-06 c. In all residentially zoned districts, when any of the foregoing permitted residential Planning and Zoning Commission Page 70 of 92 Meeting Date: May 6, 2010 Chapter 13 – Zoning Rev. 11/02/09 accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located, except flagpoles as defined in item “vi” above: i. Behind the front building setback; and ii. A minimum of twenty feet (20’) from any street right of way; and iii. A minimum of six feet (6’) from rear and side lot lines. Ord. No. 2009-09 P & Z § II revised Subsection A(1)(c), 5/18/09 d. Location i. There shall be no accessory structures located in any front yard or side yards, with the exception of a flag pole, as defined in item “vi” above. ii. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. iii. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. iv. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. v. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. (Ord. No. 2009-09 P & Z § II revised Subsection D, 5/18/09), (Ord. No, 2009-29 P & Z § II revised Subsection D, 11/02/09) e. Height Requirements / Screening Requirements: i. Hard top pool covers shall not exceed four feet (4’) in height above the outside perimeter of the pool. ii. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’), except for storage/utility structures which shall not exceed eight feet (8’) in height. (Ord. No. 2009-20 P & Z, § II revised Subsection D.1.e.ii, 8/24/09) iii. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’), except for storage/utility structures which shall not exceed eight feet (8’) in height. (Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06, Ord. 2008-24 § 2.02 - Amended Subsection A.1.e., 9/8/08.) B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20’) from any street right-of-way: 1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS Neighborhood Service District: The following uses shall be permitted as accessory uses: a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to a Planning and Zoning Commission Page 71 of 92 Meeting Date: May 6, 2010 Chapter 13 – Zoning Rev. 11/02/09 residentially zoned district and not located between the front of the building and any street right-of-way. b. Temporary uses incidental to the primary use, provided the same is properly screened and provided they conform to the standards set forth in Section 5.01, Temporary Uses. 2. Permitted Accessory Structures and Uses in CR-Commercial District: The following structures and uses shall be permitted as accessory structures and uses. a. Cabana, pavilion, gazebo or roofed area b. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. 3. Permitted Accessory Uses in GU-Governmental Use District and in PO- Professional Office District: The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use: a. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. C. Prohibited Structures: The following structures shall be prohibited: 1. Treehouses 2. Metal, vinyl or similar material structures unless otherwise provided herein. 3. Temporary structures on skids D. Location: There shall be no accessory structures located in any front yard or side yards, with the exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. Ord. 2008-24, § 2.03 - Amended Subsection D, 9/8/08. E. Garage Requirements: 1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. 2. A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided. Planning and Zoning Commission Page 72 of 92 Meeting Date: May 6, 2010 Chapter 13 – Zoning Rev. 11/02/09 3. Any detached garage shall setback at least forty-five feet (45’) from the front property line of a residential lot. 4. Corner lots may have detached garages facing a side street if they set back a minimum of thirty five feet (35’) from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. F. Design Criteria: All accessory structures shall conform to the following design criteria: 1. The exterior surfaces of all accessory structures shall be consistent with the regulations as specified by the applicable zoning district. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are neither practical nor appropriate are excluded from the masonry requirements, including but not be limited to gym sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens. 2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an aluminum material so long as that material resembles wood-like construction and such material has been approved by the Town’s Planning and Zoning Coordinator. (Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) Ord. 2008-24, § 2.04 - Amended Subsection F.1, 9/8/08. G. Public Views: 1. Except as provided in Section F(1) above, all storage/utility buildings and greenhouses abutting and viewable from public and private parks or golf courses shall be either screened so that they are not visible from any of those locations, or alternatively shall be constructed of at least 80% masonry materials. In order to meet the requirements of this section, one or more of the following shall be met. a. Live Screening i. Live screening as specified in this Section shall be required. Live screening shall at no time exceed the maximum height allowed for a fence in that zoning district. b. Masonry Requirements i. Alternatively, uses specified in this Section shall be constructed of at least eighty percent (80%) masonry materials. The exterior surface shall match the main structure to the greatest extent possible in materials and color.” Ord. No. 2006-46 amended to revise to add a new Sections G, 11/20/06 Planning and Zoning Commission Page 73 of 92 Meeting Date: May 6, 2010 Chapter 13 – Zoning Section 5.04 Height Limits Height limitations stipulated elsewhere in this ordinance shall be modified such that chimneys, water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the Town. All such portions of buildings and/or structures extending in excess of ten (10) feet above the permitted height as provided in each zoning district shall require approval of the Town Council prior to issuance of a building permit. In the case of non-residential structures all such extensions shall be clearly noted and detailed on a site plan. (Ord No. 98-29, § XXXVI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVI, 3-21-00) Planning and Zoning Commission Page 74 of 92 Meeting Date: May 6, 2010 Chapter 13 - Zoning Section 5.05 Required Yards A. Adjacent to Streets Where the front or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block. B. Minimum Requirement The Planning and Zoning Commission may recommend and the Town Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. C. Reduced by Platting The front yard or side yard set-back may be reduced by platting if approved by the P&Z and Council for a specific and unusual conditions; but shall not be less than fifteen feet (15’) for a front yard or 10 feet for a side yard, unless otherwise provided by the district or a Planned Development. D. Play Area Equipment Play area equipment shall be located in the required rear yard. (Ord No. 98-29, § XXXVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVII, 3-21-00) Planning and Zoning Commission Page 75 of 92 Meeting Date: May 6, 2010 Chapter 13 - Zoning Section 5.06 Projections Into Required Yards Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: A. Cornices, Eaves and Sills shall be not more than two feet (2’) into any required yard. B. Balconies, Bay Windows and Chimneys shall be not more than three feet (3’) into front yards, or two feet (2’) into side and rear yards. C. Patios may be located no closer than five feet (5’) to any side yard property line nor closer than ten feet (10’) to the rear property line unless approved by the Town. In the case of a corner lot, patios shall be subject to the regular street side yard requirements of the district. D. An Open Fire Escape shall be not more than three and one-half feet (3-½’) into rear yards, provided that such structure does not obstruct ventilation or light. E. Fences and walls adjacent to streets and located on corner lots shall be located on the set back line as established by the front and side yard regulations of the district. F. Mechanical Equipment 1. In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, shall be permitted in the required side yard or rear yard abutting a residentially zoned district. 2. No structure used for a non-residential purpose may be located in a residentially zoned district. 3. No air conditioning apparatus shall be attached to any wall or window of a residence. No evaporative cooler shall be attached to any wall or window of a residence. (Ord No. 98-29, § XXXVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVIII, 3-21-00) Planning and Zoning Commission Page 76 of 92 Meeting Date: May 6, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: April 19, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: April 21, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, May 6, 2010 TOWN COUNCIL Monday, May 17, 2010 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, May 6, 2010, to consider changes to the Town of Trophy Club Code of Ordinances, amending Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting the type of main and accessory buildings and structures used to calculate lot coverage (minimum open space); and amending definitions or other miscellaneous items of the Zoning Ordinance as related to this request as deemed necessary. The Town Council will hold a public hearing and consider this item on May 17, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Planning and Zoning Commission Page 77 of 92 Meeting Date: May 6, 2010 BDMR Development LLC 1221 N. Interstate 35E, #200 Carrollton, TX 75006-3806 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 K. Hovnanian Homes DFW LLC 5808 W. Plano Parkway Plano, TX 75093-4636 Centex Homes 1234 Lakeshore Dr., Suite 750a Coppell, TX 75019-4973 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 Standard Pacific of Texas LP 6333 N. State Highway 161 #350 Irving, Tx 75038-2228 Goodman Family of Builders LP 5808 W. Plano Parkway Plano, TX 75093-4636 Mercedes Homes of Texas LTD 4100 Alpha Rd., Suite 915 Dallas, TX 75244-4325 Gerald & Lynn Challender 2518 Morgan Lane Trophy Club, TX 76262 Alex & Mei De Cicco 2520 Morgan Lane Trophy Club, TX 76262 Stephen & Cathryn Babineaux 2522 Morgan Lane Trophy Club, TX 76262 Brenda Mahan 2524 Morgan Lane Trophy Club, TX 76262 Kristof & Katarzyna Koster 2526 Morgan Lane Trophy Club, TX 76262 Lary & Billie Wommack 2532 Morgan Lane Trophy Club, TX 76262 Lamonte & Emily Yorke 2534 Morgan Lane Trophy Club, TX 76262 Mohammad Burney 2536 Morgan Lane Trophy Club, TX 76262 Gary Stone 2538 Morgan Lane Trophy Club, TX 76262 Ming-shan Yang & Shu-ting Chang 2540 Morgan Lane Trophy Club, TX 76262 Wendy Williams 2544 Morgan Lane Trophy Club, TX 76262 Javed & Farzana Mannan 2547 Morgan Lane Trophy Club, TX 76262 Lucie & Adam Spicar 2545 Morgan Lane Trophy Club, TX 76262 James & Lea Drewery 2543 Morgan Lane Trophy Club, TX 76262 Michael & Jennifer Guenthardt 2531 Morgan Lane Trophy Club, TX 76262 Ryan & Jenny Wilson 2529 Morgan Lane Trophy Club, TX 76262 Elliott Young & Linda Smith 2525 Morgan Lane Trophy Club, TX 76262 Jamie & Dana Kizer 2523 Morgan Lane Trophy Club, TX 76262 Scott Kasden 2521 Morgan Lane Trophy Club, TX 76262 Ryan & Patia Boomsma 2519 Morgan Lane Trophy Club, TX 76262 Planning and Zoning Commission Page 78 of 92 Meeting Date: May 6, 2010 Robert & Wendy Murray 2522 Roseville Dr. Trophy Club, TX 76262 Keith & Melissa Killebrew 2520 Roseville Dr. Trophy Club, TX 76262 Philip & Deborah Marzano 2518 Roseville Dr. Trophy Club, TX 76262 Brian & Lisa Hunter 2516 Roseville Dr. Trophy Club, TX 76262 Charles & Denise Woodside 2731 Broadway Dr. Trophy Club, TX 76262 John Trapani 2733 Broadway Dr. Trophy Club, TX 76262 John & Theresa Giustra 2735 Broadway Dr. Trophy Club, TX 76262 Clifton Harris 2737 Broadway Dr. Trophy Club, TX 76262 Arturo Perez 2739 Broadway Dr. Trophy Club, TX 76262 Tinku & Asha Abraham 2732 Broadway Dr. Trophy Club, TX 76262 Antonio & Yolanda Perez 2728 Broadway Dr. Trophy Club, TX 76262 Joseph & Jacqueline Speake 2726 Broadway Dr. Trophy Club, TX 76262 Charles & Patti Mores 2716 Broadway Dr. Trophy Club, TX 76262 Klaus Schonewald 2714 Broadway Dr. Trophy Club, TX 76262 Charles Cherry & Angela Nix-Cherry 2712 Broadway Dr. Trophy Club, TX 76262 Shirlee Geer 2710 Broadway Dr. Trophy Club, TX 76262 Jeffrey & Sandy Gartland 2708 Broadway Dr. Trophy Club, TX 76262 Randal & Sandra Magg 2706 Broadway Dr. Trophy Club, TX 76262 Janet Messenbrink 2704 Broadway Dr. Trophy Club, TX 76262 Andrew & Kara Clugston 2702 Broadway Dr. Trophy Club, TX 76262 Rosario Aldieri 2700 Broadway Dr. Trophy Club, TX 76262 Rogers & Judith Warren 2717 Broadway Dr. Trophy Club, TX 76262 Michael & Victoria Birckett 2715 Broadway Dr. Trophy Club, TX 76262 Giuseppe Polizzi 2543 Broadway Dr. Trophy Club, TX 76262 Dickens Benoit 2541 Broadway Dr. Trophy Club, TX 76262 Jeff & Carrie Fowler 2537 Broadway Dr. Trophy Club, TX 76262 Tim & Michelle Glaser 2533 Broadway Dr. Trophy Club, TX 76262 Ty & Aprille Brewer 2533 Broadway Dr. Trophy Club, TX 76262 Richard & Kimberly Mayberry 2531 Broadway Dr. Trophy Club, TX 76262 Christina Ullrich 2527 Broadway Dr. Trophy Club, TX 76262 Planning and Zoning Commission Page 79 of 92 Meeting Date: May 6, 2010 Michelle Sharma 2519 Broadway Dr. Trophy Club, TX 76262 Ivan & Edna Prosperi 2517 Broadway Dr. Trophy Club, TX 76262 Constance Edwards 2624 Broadway Dr. Trophy Club, TX 76262 Mark Kahapea 2600 Broadway Dr. Trophy Club, TX 76262 Debra Taylor 2524 Broadway Dr. Trophy Club, TX 76262 Dean & Liza Bobel 2522 Broadway Dr. Trophy Club, TX 76262 Gregory & Christine Phillips 2520 Broadway Dr. Trophy Club, TX 76262 David & Hayley Little 2518 Broadway Dr. Trophy Club, TX 76262 Jerry & Sandra Griffin 2609 Broadway Dr. Trophy Club, TX 76262 James & Deana Sabey 2601 Broadway Dr. Trophy Club, TX 76262 Frank Vegely 2416 Rosebury Lane Trophy Club, TX 76262 Joseph & Lindsey Patti 2414 Rosebury Lane Trophy Club, TX 76262 Randall & Donna Conn 2452 Lilyfield Dr. Trophy Club, TX 76262 Kang Po Chin 2454 Lilyfield Dr. Trophy Club, TX 76262 Charles & Barbara Boedeker 2422 Lilyfield Dr. Trophy Club, TX 76262 Dolores H. Ziluca Trust 2412 Lilyfield Dr. Trophy Club, TX 76262 Christopher & Jennifer Dormer 2402 Lilyfield Dr. Trophy Club, TX 76262 Joel Ray & Dale Fodness 2403 Lilyfield Dr. Trophy Club, TX 76262 Tanda & Robert Russell 2405 Lilyfield Dr. Trophy Club, TX 76262 Scott Folley 2407 Lilyfield Dr. Trophy Club, TX 76262 Marc & Sherry Thiltgen 2411 Lilyfield Dr. Trophy Club, TX 76262 Marvin & Valerie Jones 2413 Lilyfield Dr. Trophy Club, TX 76262 Anthony & Stacey Mullins 2415 Lilyfield Dr. Trophy Club, TX 76262 Faye & James Jaraczewski 2417 Lilyfield Dr. Trophy Club, TX 76262 Michael & Susan Fitzgerald 2421 Lilyfield Dr. Trophy Club, TX 76262 Jesus Monroy 2423 Lilyfield Dr. Trophy Club, TX 76262 Leigh Anne Harville 2512 Mona Vale Rd. Trophy Club, TX 76262 Sunday & Steve Leek 2505 Mona Vale Rd. Trophy Club, TX 76262 Kimie & Mark Lishman 2513 Mona Vale Rd. Trophy Club, TX 76262 Geoffrey & Fawn Rohrer 2519 Mona Vale Rd. Trophy Club, TX 76262 Planning and Zoning Commission Page 80 of 92 Meeting Date: May 6, 2010 Stanley & Elizabeth Sokul 2606 Bellshill Lane Trophy Club, TX 76262 Jose & Heather Maher 2516 Ralston Dr. Trophy Club, TX 76262 Harry Freed 2514 Ralston Dr. Trophy Club, TX 76262 Winston & Michelle Hermann 2512 Ralston Dr. Trophy Club, TX 76262 Kristen & Daniel Biesiadecki 2505 Ralston Dr. Trophy Club, TX 76262 CWS Logistics Ltd 10-75 Scurfield Blvd. Winnipeg WB R3Y 1P6 CANADA Andrew Guenther 2511 Ralston Dr. Trophy Club, TX 76262 Jason & Mary Childree 2517 Ralston Dr. Trophy Club, TX 76262 Thomas & Kim McLain 2519 Ralston Dr. Trophy Club, TX 76262 Melvin Sebastian & Deby Karote 2403 Strathfield Lane Trophy Club, TX 76262 Wen Ren 2512 Strathfield Lane Trophy Club, TX 76262 Greg & Amy Langford 2515 Strathfield Lane Trophy Club, TX 76262 Lowell & Kim Strike 2521 Strathfield Lane Trophy Club, TX 76262 Henry & Christina Dickman 2603 Strathfield Lane Trophy Club, TX 76262 Ronald & Linda Hesslein 2609 Strathfield Lane Trophy Club, TX 76262 Gary Jackson & Sylvia Genco-Whitley 2213 Carrick Dr. Trophy Club, TX 76262 Michael & Ruthie Holland 2200 Carrick Dr. Trophy Club, TX 76262 Ralf & Grace Kalup 2202 Carrick Dr. Trophy Club, TX 76262 Ricky & Kenda Peterson 2204 Carrick Dr. Trophy Club, TX 76262 Nic & Ver-lee Cheneweth 2208 Carrick Dr. Trophy Club, TX 76262 Sion & Shannon Alford 2206 Prestwick Ave. Trophy Club, TX 76262 Scott Bahr 2204 Prestwick Ave. Trophy Club, TX 76262 Scott & Alicia Bakere 2236 Edinburgh Ave. Trophy Club, TX 76262 Greg & Amanda Fox 2234 Edinburgh Ave. Trophy Club, TX 76262 Jeremy & Kimberly Darden 2232 Edinburgh Ave. Trophy Club, TX 76262 Rachel & Fernando Baton 2228 Edinburgh Ave. Trophy Club, TX 76262 Murland & Janis Schnaidt 2218 Edinburgh Ave. Trophy Club, TX 76262 2216 Edinburgh Avenue Trust 2216 Edinburgh Ave. Trophy Club, TX 76262 Charles & Judith Rutan 2214 Edinburgh Ave. Trophy Club, TX 76262 David Fesperman P.O. Box 499 Trophy Club, TX 76262 Planning and Zoning Commission Page 81 of 92 Meeting Date: May 6, 2010 Francis Brown 2227 Edinburgh Ave. Trophy Club, TX 76262 Richard & Terri Wysor 2219 Edinburgh Ave. Trophy Club, TX 76262 Terrence & Amy Mick 2217 Edinburgh Ave. Trophy Club, TX 76262 Joe & Eloise Bailey 2213 Aberdeen Dr. Trophy Club, TX 76262 Christopher Douglas & Gina Vines 2205 Aberdeen Dr. Trophy Club, TX 76262 Timothy Kurtz 2203 Aberdeen Dr. Trophy Club, TX 76262 Paul & Melissa Rashidi 2202 Aberdeen Dr. Trophy Club, TX 76262 Aida & Jose Negron 2204 Aberdeen Dr. Trophy Club, TX 76262 Christopher & Deborah Kelly 2208 Aberdeen Dr. Trophy Club, TX 76262 Chris & Lisa Degnan 2201 Stirling Ave. Trophy Club, TX 76262 Steven & Heather Nelson 2214 Stirling Ave. Trophy Club, TX 76262 Andrew & Callie Whitwell 2204 Stirling Ave. Trophy Club, TX 76262 S.J. & E.N. Hampton 2249 Veranda Ave. Trophy Club, TX 76262 John & Robin Collins 2250 Veranda Ave. Trophy Club, TX 76262 John & Kimberly Giuffrida 2248 Veranda Ave. Trophy Club, TX 76262 Don & Sharon Robinson 2246 Veranda Ave. Trophy Club, TX 76262 Tony & Teresa English 2240 Veranda Ave. Trophy Club, TX 76262 Mitchel & Sherri Cohen 2202 Galloway Blvd. Trophy Club, TX 76262 Samuel Carvalho 2200 Galloway Blvd. Trophy Club, TX 76262 Peter & Judy Ehrenberg 2205 Galloway Blvd. Trophy Club, TX 76262 Ivan & Allison Havre 2211 Galloway Blvd. Trophy Club, TX 76262 Pak & Thi Pham Tang 2237 Galloway Blvd. Trophy Club, TX 76262 Oliver Watts 2234 Galloway Blvd. Trophy Club, TX 76262 Norman & Annette Setser 2230 Galloway Blvd. Trophy Club, TX 76262 John Huczek 2220 Montgomerie Ave. Trophy Club, TX 76262 Kevin & Debbie Moon 2222 Montgomerie Ave. Trophy Club, TX 76262 Daniel & Lara Wilson 2224 Montgomerie Ave. Trophy Club, TX 76262 Paramvir & Damandeep Dhillon 2226 Mongomerie Ave. Trophy Club, TX 76262 Thomas Dimariano & Michelle Watson-Williams 2231 Alisa Lane Trophy Club, TX 76262 James & Cheri Rudy 2229 Alisa Lane Trophy Club, TX 76262 Planning and Zoning Commission Page 82 of 92 Meeting Date: May 6, 2010 David Winter 2225 Alisa Lane Trophy Club, TX 76262 Mack Mercer 2223 Alisa Lane Trophy Club, TX 76262 Jennifer Hunter & Nicholas Rogers 2222 Glasgow Dr. Trophy Club, TX 76262 Planning and Zoning Commission Page 83 of 92 Meeting Date: May 6, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-135-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/28/2010 Planning & Zoning Commission On agenda:Final action:5/6/2010 Title:Discussion and Recommendation regarding a Preliminary Plat for an approximate 46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering Group Inc. on behalf of Lennar Homes of Texas. (PP -10-018) Attachments:Staff Report - PZ 050610.pdf Application.pdf Action ByDate Action ResultVer. Recommended for DisapprovalPlanning & Zoning Commission3/4/2010 1 Planning and Zoning Commission Page 84 of 92 Meeting Date: May 6, 2010 12010-135-T Version:File #: Title Discussion and Recommendation regarding a Preliminary Plat for an approximate 46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering Group Inc. on behalf of Lennar Homes of Texas. (PP-10-018) Planning and Zoning Commission Page 85 of 92 Meeting Date: May 6, 2010 PLANNING AND ZONING COMMISSION May 6, 2010 SUBJECT: Discussion and Recommendation regarding Preliminary Plat approval for an approximate 46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering Group Inc. on behalf of Lennar Homes of Texas. (PP-10-018) PURPOSE: To review and provide a recommendation to the Town Council regarding a Preliminary Plat for Neighborhood 8. OWNER: Lennar Homes of Texas Land and Construction, Ltd. 1707 Marketplace Boulevard, Suite 220 Irving, TX 75063 APPLICANT: Jacobs Engineering Group Inc. 7950 Elmbrook Drive Dallas, TX 75247-4961 EXISTING CONDITION OF THE PROPERTY: This vacant property is zoned Planned Development No. 27 (PD-27) and in November 2009 was rezoned from townhomes (260 homes) to single family residential (185 homes). (Concept Plan from rezoning request shown on following page.) COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as low density residential. This request conforms to the Comprehensive Plan. ADJACENT ZONING/EXISTING LAND USES: North: Future Neighborhood 7 – The Highlands at Trophy Club South: Corps of Engineer property/open space East: Corps of Engineer property/open space West: Neighborhood 6 – The Highlands at Trophy Club Planning and Zoning Commission Page 86 of 92 Meeting Date: May 6, 2010 Planning and Zoning Commission Page 87 of 92 Meeting Date: May 6, 2010 STAFF ANALYSIS The preliminary plat for Neighborhood 8 of Planned Development No. 27 brings forward a plan for 184 single family homes. All residential lots are Lot Type 5 with a minimum lot size of 5,250 square feet. The typical lot size in this neighborhood will be 50-ft. x 105-ft. Development of the neighborhood will occur in two phases. Phase 1 will consist of 74 homes built toward the southeast end of the property. Phase 2 will consist of 110 homes. In addition, Lot 1, Block J, consisting of a perpetual flowage easement, will provide 10.657 acres of common area running along most of the (north) eastern portion of the neighborhood. There is a 3.581 acre gas well site (Pad 4H) located in Neighborhood 8. The gas well site adjoins 17 of the 32 residential lots in Block G. On April 26, 2010, the Town Council approved a change to the Oil and Gas Well Drilling & Production regulations, Section 5.12, allowing the distance from wellhead to habitable structure to be a minimum of 200- ft. As a result of this change, the following notes have been placed on the preliminary plat and will also be required on the final plat: “For lots surrounding gas wells, the distance from wellhead to habitable structure shall be a minimum of 200 feet.” “To build a habitable structure on a lot adjacent to a gas well, builder must submit a survey, signed and sealed by a licensed surveyor, verifying the distance from the nearest wellhead to the nearest point of the habitable structure.” An existing masonry screening wall around the gas well site adjoins portions of the rear property line of Lots 1 and 3, and shares all of the rear property line of Lot 2. There is approximately 50-ft. between the masonry screening wall of the gas well site and the rear property line of Lots 16 through 21, and approximately 150+-ft. between the rear property line and masonry screening wall of the gas well site for Lots 27 through 32. The owners of Lots 16 through 32 will have the option of privacy fencing as this will not violate Town regulations regarding parallel fencing, which requires a minimum of 20-ft. between fences. Lot 30 of Block G and Lot 24 of Block E, which are called out as “common area” on the preliminary plat, provide an easement for an existing 15-ft. pipeline for the gas well site to transport the gas from the well site to a horizontal pipeline system running along Trophy Park Drive, Trophy Club Drive, and Bobcat Blvd. terminating at the Encana Gas storage facility in the City of Roanoke. If truck access is needed to the well site for maintenance, that access will be from the entrance to Neighborhood 8 off of Trophy Park Drive, across Nottingham Drive, and along an all weather road designated on the plat as a 24-ft. access easement. The drive leads to an existing wrought iron gate entrance on the well site. Planning and Zoning Commission Page 88 of 92 Meeting Date: May 6, 2010 Trophy Club Drive currently ends in a cul-de-sac at the southeast corner of Neighborhood 8. A temporary turnaround easement is provided to allow this cul-de-sac to exist as long as needed. In addition, a 15-ft. drainage easement is provided at the southeast portion of the property to facilitate drainage from the common area. Both easements will be dedicated with the final plat which the owner plans to bring forward in the near future. The Police and Fire Chiefs have reviewed and approved the proposed street names. The Town Engineer, Tom Rutledge, Teague, Nall & Perkins, has reviewed and approved the preliminary drainage plan and preliminary water and sanitary sewer plans for this neighborhood. SUMMARY The preliminary plat for Neighborhood 8 has been reviewed for completeness and generally accepted engineering and planning design principles and standards. It appears that all requirements of the Town’s Subdivision Regulations and Zoning Ordinance have been met. Staff requests a recommendation of approval to the Town Council for the preliminary plat for Neighborhood 8. (ch) Attachments: Application Hard Copies: Preliminary Plat (Sheet 1 of 3) Legal Description and Typical Street Sections (Sheet 2 of 3) Phasing Plan (Sheet 3 of 3) Planning and Zoning Commission Page 89 of 92 Meeting Date: May 6, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 9 0 o f 9 2 M e e t i n g D a t e : M a y 6 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-242-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/29/2010 Planning & Zoning Commission On agenda:Final action:5/6/2010 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 IV. Lot Type Regulations, and other miscellaneous changes to PD- 27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 91 of 92 Meeting Date: May 6, 2010 12010-242-T Version:File #: 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 IV. Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC, Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Planning and Zoning Commission Page 92 of 92 Meeting Date: May 6, 2010