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Agenda Packet TC 03/03/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom5:00 PMMonday, March 3, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2014-948-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. 2.2014-949-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014. 3-17-2014 Proposed Agenda.pdfAttachments: 3.2014-950-T Discussion of process and procedures for conducting Town meetings and currently adopted Rules of Procedure for Town Council meetings. Chap 1-Article VI- Sec 6 01- Rules of Procedure.pdfAttachments: 4.2014-945-T Discussion regarding a proposed Home Firearms Safety Program, a course for residents, and a fee for the course. Staff Report - Home Firearms Safety Course.pdfAttachments: CONVENE INTO REGULAR SESSION INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. EXECUTIVE SESSION Town Council Page 1 of 178 Meeting Date: Monday,March 3, 2014 March 3, 2014Town Council Meeting Agenda 5.2014-965-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. RECONVENE INTO REGULAR SESSION 6.2014-960-T Consider and take appropriate action regarding the Executive Session. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 7.2014-964-T Consider and take appropriate action regarding a Proclamation declaring March 17-23, 2013 as Poison Prevention Week. PRO 2014-01 52nd Annual Observance of Poison Prevention Week.pdfAttachments: CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 8.2014-951-T Consider and take appropriate action regarding the Minutes dated February 17, 2014. TC Minutes 2-17-2014.pdfAttachments: 9.2014-952-T Consider and take appropriate action regarding a contract between the Town and Linebarger Goggan Blair & Sampson, LLC to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report - Court Collection Services.pdf TC Contract for Collection Linebarger Goggan 2014 final.pdf Attachments: Town Council Page 2 of 178 Meeting Date: Monday,March 3, 2014 March 3, 2014Town Council Meeting Agenda 10.2014-953-T Consider and take appropriate action regarding the approval of an expenditure from the Court Technology Fund for the purchase of the SunGard to Incode Interface Court software, including the initial cost and associated yearly annual maintenance costs for each year thereafter that the software is utilized. Staff Report - Court Technology Expenditures.pdfAttachments: 11.2014-867-T Consider and take appropriate action regarding a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. 2014 Staff Report - TC - Garage Sale Request.pdf 2014 Application.pdf Attachments: 12.2014-857-T Consider and take appropriate action regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC. Staff Report - TC 030314 - NH 7 Ph 3C.pdf Town Engineer Review and Approval.pdf Attachments: PUBLIC HEARING 13.2014-870-T Public Hearing regarding a request for approval of amendments to Planned Development No. 30 (PD-30), The Shops at Trophy Club, to amend the Town's Comprehensive Zoning Ordinance and Zoning Map; and to amend Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B". Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Staff Report - TC - PD-30 Amendment Request.pdf Redline for TC 03-03-14.pdf Concept Plan.pdf Preliminary Site Plan.pdf Public Hearing Notice - Newspaper - Rescheduled - PD-30.pdf Public Hearing Notice - Residents.pdf ORD 2014-06 Amend PD-30 PZ with Exhibit A & B.pdf Attachments: REGULAR SESSION 14.2014-955-T Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013-2014 Budget of the Town (Budget Amendment No. 1) making a transfer of appropriations in accordance with the Town Charter in order to fund software, equipment, and equipment maintenance purchases; and providing for an effective date. (Item previously outlined at the February 3, 2014 and February 17, 2014 Town Council meetings.) Staff Report -Budget Amendment.pdf ORD 2014-05 Budget Amendment No 1.pdf Attachments: Town Council Page 3 of 178 Meeting Date: Monday,March 3, 2014 March 3, 2014Town Council Meeting Agenda 15.2014-868-T Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Staff Report - TC 030314 - Beck Elementary Site Plan.pdf TNP - Town Engineer Approval.pdf Application.pdf Attachments: 16.2014-871-T Consider and take appropriate action regarding an Ordinance of the Town Council amending Ordinance No. 2012-04 P&Z, PD Planned Development No. 30, known as The Shops at Trophy Club, amending the Town's Comprehensive Zoning Ordinance and Zoning Map, amending Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B"; providing a penalty for violations; and providing an effective date. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. 17.2014-956-T Town Council Liaison Updates; discussion of same 18.2014-957-T Town Manager Slye's update regarding the following; discussion of same. * Election Update * Business Meet and Greet * Dino Toddler Playground * Tom Thumb Fuel Station Update * New Facility Update 19.2014-958-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Byron Nelson High School Talent Show - February 18th * Women in Government Luncheon - February 20th * Metroport Cities Partnership - February 20th * Emergency Preparedness Planning Council - February 20th * Northeast Tarrant Transportation Summit - February 21st * Legislative Meeting - February 21st * Senior Housing Summit - February 26th 20.2014-954-T Consider and take appropriate action regarding CFAB Initiatives. 21.2014-959-T Items for Future Agendas. Town Council Future Agenda Items List updated 1-29-2014.pdfAttachments: EXECUTIVE SESSION Town Council Page 4 of 178 Meeting Date: Monday,March 3, 2014 March 3, 2014Town Council Meeting Agenda 22.2014-967-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: (1) Potential Projects in the Trophy Wood Drive area RECONVENE INTO REGULAR SESSION 23.2014-968-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 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 Thursday, February 27, 2014 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard Town Secretary 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 March, 2014. ________________________________, Title: ___________________________ Town Council Page 5 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-948-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. Town Council Page 6 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-949-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014. Attachments:3-17-2014 Proposed Agenda.pdf Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014. Town Council Page 7 of 178 Meeting Date: Monday,March 3, 2014 Meeting Date 3/17/2014 File ID Dept Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014.Town Sec Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 7, 2014.Town Sec Vision North Texas presentation by David Rodriguez Consider and take appropriate action regarding the Minutes dated March 3, 2014.Town Sec Consider and take appropriate action regarding the Minutes dated February 26, 2014.Town Sec Consider and take appropriate action regarding the Minutes dated January 24, 2014 and January 25, 2014.2014-883-T Town Sec ILA with Fort Worth FD Radios FD Dino Playground Parks Consider and take appropriate action to approve a request for extension of time to allow Temporary Trailers to remain on site, The Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Jason Lee, The Church at Trophy Lakes CD Consider and take appropriate action regarding financial and variance report dated February 2014.Finance Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of same.Town Mgr Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same.Town Sec Items for Future Agendas.Town Sec Pursuant to the following designated sections of the Texas Local Government Code, Annotated, Chapter 551, the Council will convene into closed executive session to discuss the following: (B) To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Town Secretary. (6 month trial period)Town Sec Consider and take appropriate action regarding the Executive Session.Town Sec Workshop Consent Regular Session Executive Session Town Council Page 8 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-950-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Discussion of process and procedures for conducting Town meetings and currently adopted Rules of Procedure for Town Council meetings. Attachments:Chap 1-Article VI- Sec 6 01- Rules of Procedure.pdf Action ByDate Action ResultVer. Discussion of process and procedures for conducting Town meetings and currently adopted Rules of Procedure for Town Council meetings. Town Council Page 9 of 178 Meeting Date: Monday,March 3, 2014 Section 6.01 Rules of Procedure A. Authority 1. Ordinance: Pursuant to Section 3.11 of the Home Rule Charter of the Town of Trophy Club, the Town Council shall determine its own rules of procedure. B. General Rules 1. Meetings to be Public All official meetings of the Town Council and all sessions of a Committee of the Town Council shall be public. 2. Quorum The governing body of the Town consists of a Mayor and six (6) Council members. Attendance at a Council meeting by four (4) of the seven (7) members of the Town Council constitutes a quorum for the purpose of a regular or special meeting. 3. Attendance As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the Council, his/her office may be declared forfeited by the Council. A member of the Town Council who is unable to attend a Council meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Town Secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the Council of the absence prior to the beginning of the Council meeting from which the member will be absent. 4. Misconduct The Town Council may punish its own members for misconduct as authorized by state law and Town Charter. 5. Minutes of Town Council Meetings An account of all proceedings of the Town Council shall be kept by the Town Secretary and shall be entered into a book constituting the official record of the Town Council. 6. Questions to Contain One Subject All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 7. Right to Floor Any Town Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. Town Council Page 10 of 178 Meeting Date: Monday,March 3, 2014 8. Town Manager The Town Manager, Assistant Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. The Town Manager, Assistant Town Manager, or Acting Town Manager may make recommendations to the Town Council and shall have the right to take part in all discussions of the Town Council, but shall have no vote. The Town Manager may place an item for discussion and/or action on the Council agenda. 9. Town Attorney The Town Attorney, or Acting Town Attorney, shall attend all meetings of the Town Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Town Attorney shall act as the Town Council’s parliamentarian. 10. Town Secretary The Town Secretary, or Acting Town Secretary, shall attend all meetings of the Town Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Town Council. 11. Officers and Employees Any officer or employee of the Town; when requested by the Town Manager, shall attend any meeting of the Town Council. If requested to do so by the Town Manager, they may present information relating to matters before the Town Council. 12. Rules of Order Robert’s Rules of Order Newly Revised shall govern the proceedings of the Town Council. 13. Suspension of Rules Suspension of Rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. 14. Amendment to Rules These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the Town Council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council meeting. C. Types of Meetings 1. Regular Meetings The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:00 p.m. o’clock, unless otherwise Town Council Page 11 of 178 Meeting Date: Monday,March 3, 2014 officially changed by the Town Council. 2. Special Meetings Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. 3. Emergency Meetings In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. 4. Recessed Meetings Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 5. Public Hearings: All meetings shall be held in full compliance with the provisions of state law and Codes of the Town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the Town Council. D. Chairman and Duties 1. Chairman The Mayor, if present, shall preside as Chairman at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the Town Council shall elect a chairman. 2. Call to Order The meetings of the Town Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. 3. Preservation of Order The Chairman shall preserve order and decorum, prevent personalities from Town Council Page 12 of 178 Meeting Date: Monday,March 3, 2014 becoming involved in debate and confine members in debate to the question under discussion. 4. Points of Order All points of order shall be made to the Parliamentarian who shall then advise the Chair accordingly. The Chairman shall make the final determination on all points of order, subject to the right of any member to appeal to the Town Council. If any appeal is taken, the question shall be, “Shall the decision of the Chairman be sustained?” If a majority of the members present vote “no”, the ruling of the chair is overruled; otherwise it is sustained. 5. Questions to be Stated The Chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. 6. Substitution of Chairman The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. E. Order of Business 1. Agenda The business of each meeting shall be as contained in the Agenda in the order established by the Mayor. The Town Secretary shall prepare the agenda. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of the Town Council each Thursday preceding the Monday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the Council meeting in order to allow Council discussion and questions related to one or more of the items posted on the agenda. 2. Presentations by Members of Town Council – Future Agenda Items The agenda shall provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council at a future meeting of the Town Council. However, pursuant to the Town Charter, before any item is placed for discussion and/or action on a future Town Council agenda, a request for its placement on the agenda shall be made by either the Mayor or by any two (2) Council members. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Town Council meeting provided that the requirements of Chapter 551 Texas Government Code have been met. 3. Request for Agenda Item by Committee Chairperson A Committee Chairperson requesting that an item be placed on the Council agenda for discussion and/or action shall present such request to the Town Manager in writing in the time frame set forth in Section 4 below. Town Council Page 13 of 178 Meeting Date: Monday,March 3, 2014 4. Deadline for Submission of Agenda Items A subject for the Town Council’s consideration shall be submitted to the Town Secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. 5. Presentations by Citizens Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. Citizens must turn in a completed “Request to Speak” form to the Town Secretary Presentations by representative(s) of organized groups, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. A “Request to Speak” form must be completed and turned in to the Town Secretary. The foregoing rules and time limitation shall also apply to citizens appearing at a public hearing being held by the Town Council pursuant to any official notice thereof. All citizens shall refrain from private conversations in the chamber while the Town Council is in session. Citizens attending Town Council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting, shall be removed from the room if the Chief of Police (or his representative) is so directed by the Mayor/Chairman, and such person shall be barred from further audience before the Town Council during that session of the Town Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Chairman, who shall direct the Chief of Police to remove such offenders from the room. In case the Chairman shall fail to act, any other of the Town Council may move to require the Chair to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the presiding officer to act. No placards, banners or signs of any kind shall be permitted in the Council Chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. NOTE: The following have been previously identified as areas for discussion: 1. Ability to and process for “giving” speaking minutes to another speaker 2. Reading of emails and correspondence into the record for citizen presentations and specific agenda items 3. Verification of emails 6. Presentations by Town Manager Town Council Page 14 of 178 Meeting Date: Monday,March 3, 2014 Matters requiring the Council’s attention which may have developed since the deadline for delivery of the written communication to the Council may be presented orally by the Town Manager for informational purposes only in accordance with Chapter 551 Texas Government Code. 7. Seating Arrangement The Town Manager, Town Secretary, and Town Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of the Town Council may exchange seats. F. Consideration of Ordinances, Resolutions and Motions 1. Printed or Typewritten Form All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 2. Town Attorney to Approve All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. 3. Distribution of Ordinances The Town Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Town Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 4. Recording of Votes The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the Council. 5. Vote Required for Approval Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the Town Council in attendance. 6. Mayoral Vote The Mayor shall have a vote on all matters before the Council. 7. Conflict of Interest Should any person on the Town Council have a conflict of interest pursuant to any State laws and/or Town ordinances regulating conflicts of interest with regard to an item on the Council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. 8. Abstention from Voting Should any person on the Town Council abstain from voting on an agenda item where no conflict of interest under State law and/or Town ordinance exists, the person’s vote shall be recorded as a negative vote in the minutes of the Council meeting. Town Council Page 15 of 178 Meeting Date: Monday,March 3, 2014 G. Rules of Decorum 1. Recognition by Chairman/Mayor No person shall address the Town Council without first being recognized by the Chairman/Mayor. 2. Order While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. 3. Chairman/Mayor May Debate The Chairman/Mayor may move only to such limitations of debate as are the rights and privileges of a Town Council member by reason of his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three (3) Council members, the Chairman/Mayor member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. 4. Getting the Floor, Improper References to be Avoided Every member desiring to speak shall address the chair, and upon recognition by the Chairman/Mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. 5. Interruptions A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council member shall cease speaking until the question of order be determined and, if in order, the Town Council member shall be permitted to proceed. H. Parliamentary Motions and Precedence 1. Discussion of Items Town Council Page 16 of 178 Meeting Date: Monday,March 3, 2014 Each agenda item shall be considered open for discussion when that item is announced by the Chairman/Mayor. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for Council discussion, such member shall state that he or she “objects to the consideration of the question”. This action does not require a second. When the objection is made, the Chairman/Mayor shall immediately call the question: “Will the assembly consider this question?” If 2/3 of the members vote “no”, the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. 2. Motions After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A “Second” to the motion must be made by another Town Council member within a reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when another motion is pending. 3. Withdrawal of Motions A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 4. Stating the Question In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 5. Amendments to Motions No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 6. Debate Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 7. Calling for the Questions The Chairman/Mayor may “call for the question” without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may “call for the question” to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. 8. Point of Order or Parliamentary Inquiry Town Council Page 17 of 178 Meeting Date: Monday,March 3, 2014 A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Chairman/Mayor will decide the question or may refer to the Town Attorney for a ruling. The Chairman/Mayor’s decision is subject to appeal to the Town Council. I. Creation of Committees, Boards and Commissions 1. Council Committees The Council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. 2. Citizen Boards, Commissions, and Committees The Town Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify. Memberships and selection of members shall be as provided by the guidelines in the Handbook for Elected and Appointed Officials, as amended from time to time, to appoint committees. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No committee so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the State of Texas. Town Council Page 18 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-945-T Name: Status:Type:Agenda Item Workshop File created:In control:2/13/2014 Town Council On agenda:Final action:2/17/2014 Title:Discussion regarding a proposed Home Firearms Safety Program, a course for residents, and a fee for the course. Attachments:Staff Report - Home Firearms Safety Course.pdf Action ByDate Action ResultVer. Discussion regarding a proposed Home Firearms Safety Program, a course for residents, and a fee for the course. Town Council Page 19 of 178 Meeting Date: Monday,March 3, 2014 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Home Firearms Safety Course Town Council Meeting, Monday, March 3, 2014 ______________________________________________________________________________ Agenda Item: Discussion regarding a proposed Home Firearms Safety Program, a Course for residents, and a fee for the Course Explanation: It has been suggested that the Department, in addition to providing the Concealed Handgun Licensing (CHL) course, provide a Home Firearms Safety course to residents, employees and their families. Chief Kniffen is certified to teach the National Rifle Association Home Firearms Safety Course and two local volunteers are interested in assisting. The course outline specifies the goal of the course is, “To teach the basic knowledge and skills, and to explain the attitude necessary for safe handling and storage of guns in the home.” While these topics are covered in the CHL class, some have firearms in the home but do not have an interest in attending the CHL class. The Home Firearms Safety Course would provide this information and training to those living in homes where firearms are kept but who have no interest or are not old enough to obtain a CHL. The course would be offered quarterly, if there was sufficient interest, and would be open, initially, to residents and their children age 12 or older. It would be limited to 20 persons per class. This is a non-shooting course but the student text and training materials must be obtained from the NRA. The course will be four hours and we have tentatively scheduled the first one for the 22nd of March. This course would augment our efforts to make firearms safety a priority among our residents. In order to cover the cost of the materials and time involved, a fee of $15 per person is recommended Attachments: None Town Council Page 20 of 178 Meeting Date: Monday,March 3, 2014 Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends setting the fee for the course of instruction at $15.00 per person. Town Council Page 21 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-965-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/22/2014 Town Council On agenda:Final action:3/3/2014 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2).“Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. Town Council Page 22 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-960-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 23 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-964-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/22/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding a Proclamation declaring March 17-23, 2013 as Poison Prevention Week. Attachments:PRO 2014-01 52nd Annual Observance of Poison Prevention Week.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Proclamation declaring March 17-23, 2013 as Poison Prevention Week. Town Council Page 24 of 178 Meeting Date: Monday,March 3, 2014 TOWN OF TROPHY CLUB PROCLAMATION 2014-01 52nd Annual Observation of Poison Prevention Week - March 16-22, 2014 WHEREAS, our society has become increasingly dependent on household chemicals to perform labor-saving, time-saving miracles; and on medicine to provide health-giving, life-sustaining benefits; WHEREAS, these products, when not used as intended or directed, may be hazardous, particularly if children gain access to them; WHEREAS, over the past 52 years, the nation has been observing Poison Prevention Week to call attention to these hazards and how proper handling and disposal of these substances and proper use of safety packaging can help eliminate them; WHEREAS, the efforts of our community organizations, complimented by the efforts of the North Texas Poison Center have reduced childhood poisonings in Trophy Club, Texas. WHEREAS, the North Texas Poison Center, a regional poison center, located at Parkland Health & Hospital System, provides the ultimate in human service programming, immediate, accessible emergency information to save lives of victims of poison-related emergencies, and; WHEREAS, these programs must continue as long as even one child swallows a household product or medicine by mistake. NOW THEREFORE, I Connie White, Mayor of the Town of Trophy Club, do hereby proclaim the week of March 16-22, 2014, as Poison Prevention Week in this Town. Further, I direct the appropriate agencies in our local government to continue their cooperation with concerned citizens and community organizations, including our schools, to develop programs which will alert our people to the continued danger of misusing medicines and household products and to promote effective safeguards against accidental poisonings among young children. PROCLAIMED THIS THE 3RD DAY OF MARCH 2014. _______________________________ ________________________________ Connie White, Mayor Tammy Ard, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 25 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-951-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding the Minutes dated February 17, 2014. Attachments:TC Minutes 2-17-2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated February 17, 2014. Town Council Page 26 of 178 Meeting Date: Monday,March 3, 2014 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 17, 2014 at 5:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 17, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Philip Shoffner Council Member, Place 6 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Bill Rose Council Member, Place 1 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Steven Glickman Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of Monday, February 17, 2014 called the Town Council to order and announced a quorum at 5:04 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17, 2014. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. 3. Discussion regarding equipment and software recommendation and funding options for parks and information technology. Finance Director Steven Glickman provided an overview and funding options for equipment and software needs as presented during the February 3, 2014 Council meeting. Proposed funding for these items does not use current general fund reserves and would instead be funded by current savings, the court technology fund and the capital projects funds. Proposed projects include pool pump and filter equipment, Sunguard Court interface, Energov Permitting and Code Enforcement software, painting the Spray Pad and Animal Control software 4. Home Firearms Safety Program This item was moved to March 3, 2014 agenda due to time constraints. Town Council Page 27 of 178 Meeting Date: Monday,March 3, 2014 CONVENE INTO REGULAR SESSION - START TIME – 5:31 P.M. The Invocation was offered by Chief Kniffen. The Pledges were led by Council Member Lamont. EXECUTIVE SESSION 5. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071 (1) and (2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on pending litigation and/or on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Condemnation Proceedings for 31 Creekmere Drive (B) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town. (1) Potential Projects in the Trophy Wood Drive area (C) Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. CONVENE INTO EXECUTIVE SESSION - START TIME – 6:00 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 7:03 P.M. RECONVENE INTO REGULAR SESSION 6. Consider and take appropriate action regarding the Executive Session. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to take action to file for dismissal of the condemnation action pending for the drainage easement on the property at 31 Creekmere Drive and authorizing the Town Engineer to work with the contractor to revise the contract and project as necessary. Motion passed unanimously. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to move to direct the attorneys for Town to negotiate the terms of a long term contract with the MUD attorneys in accordance with the “Potential Discussion Points” memorandum dated February 17, 2014. Motion passed unanimously. Town Council Page 28 of 178 Meeting Date: Monday,March 3, 2014 PUBLIC HEARING 7. Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. (THIS PUBLIC HEARING HAS BEEN RESCHEDULED AND A NEW NOTICE HAS BEEN PUBLISHED FOR MARCH 3, 2014 HEARING ON THIS ITEM.) The Planning & Zoning Commission will hear a resubmitted proposal for PD-30 amendments on Thursday, February 20, 2014 at 7:00 p.m. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. ♦ Scott Smith, 2 Salida, Candidate for Justice of the Peace addressed the Council regarding Primary Election early voting starting tomorrow and Election Day voting on March 4th. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 8. Consider and take appropriate action regarding the minutes dated February 3, 2014. 9. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Denton County for administration of the May, 2014 Town election. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve the Consent Agenda. Motion passed unanimously. REGULAR SESSION 10. Presentation by Jennifer McKnight regarding increased water capacity for off -site water improvements (Fort Worth 48 inch transmission line project); consider and take appropriate action regarding the same. Trophy Club Municipal Utility District No. 1 District Manager, Jennifer McKnight, gave a brief presentation on the proposed 48” water line upgrade project initiated by Fort Worth. Currently, Trophy Club MUD No. 1 has a single feed line from Fort Worth and the upgrade would increase capacity by 2.4 million gallons. The estimated project cost is approximately $16 million (multi-city project) and Trophy Club MUD No. 1 estimated the Trophy Club portion would cost $638,359 (Trophy Club’s share in the first phase). If a decision is made to move forward, the contract must be signed in April. No action taken. 11. Consider and take appropriate action regarding a Resolution of the Town Council relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities; and providing an effective date. Town Council Page 29 of 178 Meeting Date: Monday,March 3, 2014 This resolution is the next step in regards to the financial plan presented a couple years ago that allows for debt issuance to support the purchase of land and construction of municipal facilities. Current interest rates are low and projections indicate rates will go up in the near future. In FY2014, total proposed debt issuance is $9.5 million, and the remainder of $4.7 million would be considered in FY2015. Issuing this debt would not impact the tax rate. ♦ Jim Parrow, 8 Brookfield Court addressed the Council in favor of a new police department facility; however, does not feel we need a new Town Hall. Mr. Parrow expressed interest in seeing the cost of the land for the police facility and the cost of building a police facility verses cost for the land for a Town Hall and the cost of building a Town Hall. ♦ Nick Sanders, 7 Hayes Court addressed the Council regarding the possibility of a Civic Center being included in the future. Mr. Sanders is unclear about how the term “civic center” is defined as well as inquiring as to why the Town is issuing Certificates of Obligation instead of a bond resolution. Mr. Sanders is looking for additional information in regards to the debt issued and what will be built. The Mayor read the following letter into record: ♦ Susan and Dave Edstrom, 269 OakHill Drive We would like our comments read into the public record, not simply made a part of the record but as by established rules, READ into the record. We are not in favor of the Town issuing $9.5 million in certificates of obligation. This far exceeds the debt we expect any elected official to make on our behalf when we are not under an emergency order of any type. What you are suggesting is to put us in debt to the tune of 9.5 million dollars for plans that have yet to be seen or discussed in public and according to the staff report, there would be "more to come" in the form of bonds to complete the project. Once you have the 9.5 million, would we not be hard pressed at that point to prevent anything from moving forward? As ardent supporters of a new police station, we support the use of COs for purchase of the land for the POLICE DEPARTMENT. We cannot, however, support plans for unseen, not yet discussed Town Hall or Civic Center. We think it is incumbent upon council and staff to provide more information on the plans and bring this to a vote of the residents in the form of a bond. It requires resident input on the reason, design and cost. That is not unreasonable and it does not mean people wouldn't ultimately support it. While officials are empowered to make decisions, we do not believe they should be empowered to undertake debt without resident input and to date, we have not seen any type of forum for that as of yet. We can only assume discussions on the land purchase have been done under Executive Session and we fully understand the need to keep the purchase negotiations under wraps and the need for those funds. That said, we would only support funds being issued only for the amount of the land purchase. Council and staff should then publicly seek input on the other items and the amount of the debt. We support a new PD 100% and would serve on any bond committee. We do not support 9.5 million dollars in CO debt to be undertaken for all of the reasons noted above. We ask that you amend the amount requested to allow you to move forward with the land purchase and nothing else until residents are able to participate openly in the process. Motion made by Council Member Mayer, seconded by Council Member Rose, to approve Resolution 2014-05 Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities and providing an effective date. Motion made by Council Member Lamont, seconded by Council Member Shoffner to substitute the following for the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the purchase of property for the current feasibility study and construction of a police and municipality facility within the Town of Trophy Club and that two referendums be placed on the ballot to approve the building of the police facility and town facility with a civic center. The cost of the two facilities should be determined prior to being placed on the ballot. Town Council Page 30 of 178 Meeting Date: Monday,March 3, 2014 Town Manager Slye pointed out that the feasibility study has already been paid for in October 2013. Motion made by Council Member Lamont, seconded by Council Member Shoffner to WITHDRAW the motion made by Council Member Lamont, seconded by Council Member Shoffner to substitute the following for the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the purchase of property for the current feasibility study and construction of a police and municipality facility within the Town of Trophy Club and that two referendums be placed on the ballot to approve the building of the police facility and town facility with a civic center. The cost of the two facilities should be determined prior to being placed on the ballot. Motion made by Council Member Lamont, seconded by Council Member Shoffner to substitute the following for the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the purchase of property and construction of a police and municipality facility within the Town of Trophy Club and that two referendums be placed on the ballot to approve the building of the police facility and town facility with a civic center. Motion to approve the substitution motion made by Council Member Lamont, seconded by Council Member Shoffner to substitute the following for the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the purchase of property and construction of a police and municipality facility within the Town of Trophy Club and that two referendums be placed on the ballot to approve the building of the police facility and town facility with a civic center failed 2-4-0 with Council Member Lamont and Council Member Shoffner voting for and Council Member Rose, Council Member Mayer, Mayor Pro Tem Tiffany and Mayor White voting against. Motion to approve the original motion made by Council Member Mayer, seconded by Council Member Rose, to approve Resolution 2014-05 Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities and providing an effective date carried 4-2-0 with Council Member Rose, Council Member Mayer, Mayor Pro Tem Tiffany and Mayor White, voting for and Council Member Lamont and Council Member Shoffner voting against. 12. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future, such proceeds to be utilized for various costs associated with construction of municipal facilities. This resolution allows the Town to be reimbursed for any costs incurred before debt is issued. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Resolution 2014-06 authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future, such proceeds to be utilized for various costs associated with construction of municipal facilities. Motion carried 5-1-0 with Council Member Rose, Council Member Mayer, Council Member Lamont, and Mayor White and Mayor Pro Tem Tiffany, voting for and Council Member Shoffner, voting against. 13. Consider and take appropriate action to approve the designation of a company as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. The Municipal Court Account Collection Services was not administered by a local company that was actively engaged in Trophy Club. The Town went out for bids and received three proposals. Staff reviewed the proposals Town Council Page 31 of 178 Meeting Date: Monday,March 3, 2014 and interviewed the Fort Worth-based, Linebarger Goggan Blair & Sampson, LLP, and determined they were the most qualified court collection services. Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve designation of Linebarger Goggan Blair & Sampson, LLP as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. Motion passed unanimously. 14. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. A General Election will be held to elect Place #1, Place #2 and the Mayor. A Special Election will be held to elect a candidate to fill the remaining term of Place #3, previously held by Clint Schroeder. Additionally, a proposition to reauthorize the Street Maintenance Fund sales tax allocation will be on the ballot. The Street Maintenance proposition is scheduled to be considered as a ballot proposition every four (4) years; however, Council can alter the schedule to ten (10) years if so desired. Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve Ordinance 2014-02 providing revenue for maintenance and repair of municipal streets setting the tax to expire on the 10th anniversary of the date of this election unless it is subsequently reauthorized. Motion passed unanimously. 15. Consider and take appropriate action regarding financial and variance report dated January 2014. Motion made by Council Member Mayor, seconded by Mayor Pro Tem Tiffany, to approve January 2014 financial report. Motion passed unanimously. 16. Town Council Liaison Updates; discussion of same: • Neighborhood meeting for the Turnberry residents - February 5th • Citizen Financial Advisory Board - February 10th • EDC 4B - February 10th • Parks Board - February 11th ♦ Jeanne Buck, 2401 Lilyfield, addressed the Council expressing interest in holding neighborhood meetings with a Council Member. Town Council Liaisons provided an update addressed questions; no action taken, update only. Town Council Page 32 of 178 Meeting Date: Monday,March 3, 2014 17. Town Manager Slye's update regarding the following; discussion of same. • Warrant Round Up – February 17th thru February 28th • Atmos Update • March Primary Election o Early Voting o Tuesday, February 18th thru Friday, February 21st 8 am – 5 pm o Saturday, February 22nd 7 am – 7 pm o Monday, February 24th thru Friday, February 28th 7 am – 7 pm o March 4th Primary – voting 7 am – 7 pm • Transportation Update - 114/170 Project • MUD contract for water and wastewater services for the PID • Dino Toddler Playground & Freedom Dog Park Town Manager Slye updated the Council and addressed questions; no action taken, update only. 18. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • Elected Officials Conference • Northwest Community Partners Meeting • Chamber Luncheon • Transportation Town Hall Meeting Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 19. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. No changes were made to the list. ADJOURN Motion made by Council Member Mayer, seconded by Council Member Rose, to adjourn. Motion carried unanimously. Meeting adjourned at 9:30 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 33 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-952-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding a contract between the Town and Linebarger Goggan Blair & Sampson, LLC to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report - Court Collection Services.pdf TC Contract for Collection Linebarger Goggan 2014 final.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a contract between the Town and Linebarger Goggan Blair & Sampson, LLC to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Page 34 of 178 Meeting Date: Monday,March 3, 2014 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Court Collection Services Town Council Meeting, Monday, March 3, 2014 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a contract between the Town and Linebarger Goggan Blair & Sampson, LLC to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Mayor or her designee to execute all necessary documents. Explanation: At the February 17, 2014 Town Council Meeting, Council authorized the Town Manager to negotiate and execute a contract between the Town and Linebarger Goggan Blair & Sampson, LLP to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court. Attachments: Contract between the Town and Linebarger Goggan Blair & Sampson, LLC Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Town Council Page 35 of 178 Meeting Date: Monday,March 3, 2014 Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of the contract between the Town and Linebarger Goggan Blair & Sampson, LLP to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court. Town Council Page 36 of 178 Meeting Date: Monday,March 3, 2014 CONTRACT FOR COLLECTION OF DELINQUENT MUNICIPAL COURT FINES AND FEES STATE OF TEXAS § COUNTY OF DENTON THIS CONTRACT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS, acting herein by and through its governing body, hereinafter "Town", and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, hereinafter "LINEBARGER GOGGAN". I. The Town agrees to retain and does hereby retain LINEBARGER GOGGAN to exclusively provide legal services related to the enforcement of the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031, Texas Code of Criminal Procedure (hereinafter referred to in the agreement as “Fines and Fees”). II. TRANSFER OF COLLECTION FILES For purposes of this contract all Fines and Fees shall be referred to LINEBARGER GOGGAN when determined to be delinquent as provided for in Article 103.0031, Code of Criminal Procedure. At least once each month on a date or dates agreed upon by the parties, the Town will provide LINEBARGER GOGGAN with copies of, or access to, the information and documentation necessary to collect the Fines and Fees that are subject to this contract. The Town shall furnish the information to LINEBARGER GOGGAN by electronic transmission or magnetic medium. III. PAYMENT PROCESS – DIRECT TO TOWN LINEBARGER GOGGAN will direct the defendants, in all correspondence and telephone contact with the defendants that all payments are to be made to the Town. LINEBARGER GOGGAN shall forward to the Town all cashier’s checks or money orders received by LINEBARGER GOGGAN made payable to the Town and any correspondence from defendants. Cashier’s checks or money orders received by LINEBARGER GOGGAN which are made payable to LINEBARGER GOGGAN will be endorsed and forwarded to the Town. The Town shall notify LINEBARGER GOGGAN of all payments received by the Court at least on a weekly basis. LINEBARGER GOGGAN shall invoice the Town, monthly, detailing the docket number, name of defendant, amount paid by the defendant directly to the Town and the LINEBARGER GOGGAN fee percentage and fees earned for each case. § § § Town Council Page 37 of 178 Meeting Date: Monday,March 3, 2014 IV. PAYMENT PROCESS CHANGES Notwithstanding the provision of paragraph III of this Contract, at any time the Town may direct in writing to LINEBARGER GOGGAN that all payments will be made directly to LINEBARGER GOGGAN. LINEBARGER GOGGAN shall forward to the Town all cashier’s checks or money orders received by LINEBARGER GOGGAN made payable to the Town and any correspondence from defendants. Cashier’s checks or money orders received by LINEBARGER GOGGAN which are made payable to LINEBARGER GOGGAN will be deposited daily into the LINEBARGER GOGGAN Trust Account. LINEBARGER GOGGAN may collect the amount due from the defendant by credit card or electronic draft which funds shall be deposited into the LINEBARGER GOGGAN Trust Account. LINEBARGER GOGGAN shall remit to the Town, semi-monthly, all funds deposited into the LINEBARGER GOGGAN Trust Account which pay the entire balance of a fines and fees account, along with an invoice detailing the docket number, name of defendant, amount paid by the defendant to LINEBARGER GOGGAN or directly to the Town and the LINEBARGER GOGGAN fee percentage and fees earned for each case. The remittance from LINEBARGER GOGGAN to the Town shall include the fees earned by LINEBARGER GOGGAN on the fines and fees collected. The Town shall be responsible for the posting to the records of the Town the payment of all fines and fees and accounts receivable collected pursuant to this contract. Upon written notification by the Town that all payments shall be made directly to LINEBARGER GOGGAN, paragraph III of this contract shall be superseded by this paragraph IV. V. INDEMNIFICATION LINEBARGER GOGGAN shall indemnify and hold the Town harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of LINEBARGER GOGGAN's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of the Town, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the Town and LINEBARGER GOGGAN, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law, to the extent allowed by Texas law, and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. VI. CONSIDERATION / COMPENSATION 6.01Consideration. In consideration of the terms and compensation herein stated, LINEBARGER GOGGAN hereby agrees to undertake performance of this Contract as set forth above. 6.02 Compensation. In consideration for the collection of Fines and Fees, the Town agrees to pay to LINEBARGER GOGGAN, as compensation for the legal services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, a fee of zero percent (0%) of the amount collected by the Court on those cases in which the Town Council Page 38 of 178 Meeting Date: Monday,March 3, 2014 data files are transmitted to LINEBARGER GOGGAN by electronic media. However, in no event shall LINEBARGER GOGGAN be compensated for the collection of a delinquent Fine and Fee which exceeds the amount realized by the Town from the collection of the delinquent Fine and Fee after deducting the amount due the State of Texas. 2. For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the Court as provided by Article 103.0031 of the Code of Criminal Procedure on those cases in which the data files are transmitted to LINEBARGER GOGGAN by electronic media. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, or the discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of Criminal Procedure, no compensation shall be paid to LINEBARGER GOGGAN by the Town. All compensation due to LINEBARGER GOGGAN shall become the property of LINEBARGER GOGGAN at the time of payment of the fines and fees by the defendant. The Town shall pay to LINEBARGER GOGGAN said compensation on a monthly basis by check. VII. RETURN OF AGED ACCOUNTS LINEBARGER GOGGAN reserves the right to return to the Town all accounts not collected within one (1) year of referral by the Town, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. VIII. TERM/TERMINATION 8.01 Term. The initial term of this contract shall be two (2) years, beginning on the 4th day of March, 2014. The Town shall have the option to extend the term of the contract for one (1) additional one-year period. Thereafter, the contract will automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless either party gives written notice of termination as provided herein. 8.02 Termination. The Town has the option to terminate the contract during the first six (6) months of the contract if LINEBARGER GOGGAN does not perform the Contract to the Town’s satisfaction and/or in accordance with the Town’s Request for Proposal and LINEBARGER GOGGAN’S response thereto, copies of which are incorporated herein by reference. Thereafter, either party may terminate the Contract by giving the other party thirty (30) days prior written notice. Upon termination, LINEBARGER GOGGAN shall have an additional thirty (30) days to collect the then outstanding billings. LINEBARGER GOGGAN may not assign the Contract to any other party without the prior written consent of the Town. The Town of Trophy Club is a home-rule municipal corporation operated and funded on an October 1 to September 30 basis; accordingly, the Town reserves the right to terminate, without liability to the Town, this Contract (or renewal option) for which funding is not available. Town Council Page 39 of 178 Meeting Date: Monday,March 3, 2014 In the event that the Town terminates this contract, LINEBARGER GOGGAN shall be entitled to continue its collection activity on all accounts previously referred to LINEBARGER GOGGAN for thirty (30) days from the date of receipt of the “Notice of Termination of Contract” and to payment of its fee, pursuant to Paragraph VII of this contract for all amounts collected on accounts referred to LINEBARGER GOGGAN. The Town may, at its discretion, refer additional accounts to LINEBARGER GOGGAN after notice of termination has been received by LINEBARGER GOGGAN. At the end of the thirty (30) day period, all accounts shall be returned to the Town by LINEBARGER GOGGAN. IX. NOTICES For purposes of sending notice under the term of this contract, all notices from the Town shall be sent to LINEBARGER GOGGAN by certified United States mail, or via hand delivery or courier to the following address: Linebarger Goggan Blair & Sampson, LLP Stephen T. Meeks, Managing Partner 100 Throckmorton, Suite 300 Fort Worth, TX 76102 All notices to the Town shall be sent by certified United States mail or hand delivery or courier to the following address: Town of Trophy Club Attention: Stephen Seidel, Assistant Town Manager 100 Municipal Drive Trophy Club, Texas 76262-5420 X. SEVERABILITY This Contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this Contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. XI. CONTRACT COUNTERPARTS 11.01 Authority. By signature below, each of the parties hereto affirms that the person whose signature appears below on its behalf has full and proper authority to bind such party to the performance standards set forth hereinabove. 11.02 Contract Counterparts. This Contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. Town Council Page 40 of 178 Meeting Date: Monday,March 3, 2014 WITNESS the signatures of all parties hereto this, the ____ day of ______________, A.D. 2014. Linebarger Goggan Blair & Sampson, LLP _________________________________________ Stephen Meeks, Managing Partner TOWN OF TROPHY CLUB, TEXAS Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 41 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-953-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding the approval of an expenditure from the Court Technology Fund for the purchase of the SunGard to Incode Interface Court software, including the initial cost and associated yearly annual maintenance costs for each year thereafter that the software is utilized. Attachments:Staff Report - Court Technology Expenditures.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the approval of an expenditure from the Court Technology Fund for the purchase of the SunGard to Incode Interface Court software, including the initial cost and associated yearly annual maintenance costs for each year thereafter that the software is utilized. Town Council Page 42 of 178 Meeting Date: Monday,March 3, 2014 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Court Technology Expenditures Town Council Meeting, March 3, 2014 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding the approval of an expenditure from the Court Technology Fund for the purchase of the SunGard to Incode Interface Court software, including the initial cost and associated yearly annual maintenance costs for each year thereafter that the software is utilized. Explanation: At the February 3, 2014 Town Council meeting Town staff brought to Council’s attention an overview of equipment and software needs, which included an upgrade to Court software. Subsequently, the Town staff presented a funding plan for the equipment and software at the February 17 Town Council meeting. The SunGard to Incode Interface Court software initial cost is $13,440 with an annual maintenance cost of $1,600. Software benefit will provide are: o Eliminate the need for officers to hand write citations which will reduce stop times o Eliminate the need for court to hand enter the information into the court system o Eliminate the need for police staff to hand enter the information to include racial profiling and keep better record of citations issued by removing the possibility of human error when entering the information o Allow the ability to swipe the driver’s license which will auto populate into the system as well as conduct an auto check through DPS driver’s license as well as TCIC/NCIC for warrants and other information that might be a part of a person’s history. o Dispatch will also be able to see the information on who the officer has stopped faster than the current hand entry system State law dictates the technological enhancements the Court Technology Fund may pay for. The proposed software is an allowed use. Attachments: None Town Council Page 43 of 178 Meeting Date: Monday,March 3, 2014 Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of the budget amendment approving expenditures from the Court Technology fund. Town Council Page 44 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-867-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. Attachments:2014 Staff Report - TC - Garage Sale Request.pdf 2014 Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/20/2014 1 Consider and take appropriate action regarding a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club. Town Council Page 45 of 178 Meeting Date: Monday,March 3, 2014 TOWN COUNCIL March 3, 2014 SUBJECT: Consider and take appropriate action to grant a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014 – May 3 and October 18. Applicant: Heather Wick on behalf of Trophy Club Women’s Club STAFF COMMENTS: On behalf of the Trophy Club Women’s Club, Ms. Wick is requesting permission to hold two community-wide garage sale events in Trophy Club in 2014. The Women’s Club submitted a “Temporary Use Application” and after review by the Special Event Committee it is determined that no Town permit or fee is necessary for this event over and above the recommendation by the Planning and Zoning Commission and approval of the Town Council. The application was given to the Community Development Department for placement on a P&Z and Council agenda for consideration of a “Special Privilege” request. Chapter 13-Zoning, Section 5.01-Temporary Uses 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. The Spring garage sales event will be held on Saturday, May 3, 2014 and the Fall garage sales event will occur on Saturday, October 18, 2014. No alternate rain dates will occur. The Trophy Club Women’s Club is requesting that the event be allowed from 7:00 a.m. to 2:00 p.m. As required by ordinance, the Department of Public Safety reviewed and approved the operations of the event and the proposed locations of the garage sale sites and the Police Chief’s signature of approval was obtained on the application. PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 20, 2014, the Planning and Zoning Commission heard this request and made the following motion: Commissioner Sheridan made a motion recommending approval, Commissioner Allen seconded, and the vote was unanimous. Attachment: Temporary Use Application Town Council Page 46 of 178 Meeting Date: Monday,March 3, 2014 T o w n C o u n c i l P a g e 4 7 o f 1 7 8 M e e t i n g D a t e : M o n d a y , M a r c h 3 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-857-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/12/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC. Attachments:Staff Report - TC 030314 - NH 7 Ph 3C.pdf Town Engineer Review and Approval.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/20/2014 1 Consider and take appropriate action regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC. Town Council Page 48 of 178 Meeting Date: Monday,March 3, 2014 REQUEST: Consider a recommendation of approval of a revised Final Plat of Neighborhood 7, Phase 3C, for the purpose of adding an easement to Lot 63, Block L. APPLICANT: Travis Clegg, Peloton Land Solutions on behalf of High Trophy Development LLC LOCATION: This property is located on the north side of Trophy Park Drive between Chatswood Drive and Freedom Park (the dog park). ZONING: Planned Development District No. 27 (PD-27). The 107 single family residential lots on this plat are Lot Type 3 lots which is as required in PD-27. LOT TYPE 3 DEVELOPMENT STANDARDS : Minimum Lot Size: 8,400 square feet Front Yard: 25-ft. Rear Yard: 20-ft. Side Yard: 5-ft. Side Yard Adjacent to Street: 15-ft. Minimum Lot Depth: 110-ft. Minimum Lot Width: 70-ft. measured at Front Build Line Minimum Lot Width adjacent to street: 80-ft. measured at Front Build Line Minimum House Size: 1,800 sq. ft. HISTORY: The Council approved the final plat for Neighborhood 7, Phase 3C on November 4, 2013. A preconstruction meeting was held for this project on November 11, 2013 and the project was released for infrastructure construction to begin. As construction progressed, it was found that service from Oncor would be needed for future electric service to a large lot north of this neighborhood. Due to the distance from the road to the lot, Oncor is concerned that the electric infrastructure being installed within Phase 3C may not handle the load. Oncor requested Trophy Club provide an access from Oncor’s overhead lines on Corp TOWN COUNCIL STAFF REPORT March 3, 2014 Case No. FP-13-057 Final Plat 107 Residential Lots and 4 Open Space lots; 31.487 acres The Highlands at Trophy Club Neighborhood 7, Phase 3C Town Council Page 49 of 178 Meeting Date: Monday,March 3, 2014 property just east of Phase 3C, to provide future service to the large lot north of this phase of Neighborhood 7. The easement on Lot 63, Block L will allow access to Oncor’s overhead line. As the final plat has not yet been filed in Denton County, a revised final plat is brought back before the Council for approval. The addition of an easement on Lot 63, Block L is the only change for consideration on this plat and the addition of an easement does not affect the infrastructure construction documents reviewed and approved by the Town Engineer. SUMMARY AND RECOMMENDATION: The plat recommended for approval by the Planning and Zoning Commission on October 17, 2013, and approved by Council on November 4, 2013, could be filed in Denton County and become a matter of public record, and the easement needed along the northern boundary of Lot 63, Block L could be filed by separate instrument. It is preferable, however, that an easement be shown on a plat of record as opposed to filing by separate instrument. The plat meets the Town’s Subdivision Rules and Regulations and the requirements of PD-27 and staff asks for approval of the revised Final Plat for Neighborhood 7, Phase 3C. PLANNING AND ZONING COMMISSION ACTION: On February 20, 2014, the Planning and Zoning Commission heard this request and Commissioner Sheridan made a motion to recommend approval of the revised plat for Neighborhood 7, Phase 3C. Commissioner Allen seconded the motion and the vote was unanimous. ch Attachments: Town Engineer Approval Final Plat (24x36 hardcopy) Town Council Page 50 of 178 Meeting Date: Monday,March 3, 2014 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: January 24, 2014 RE: The Highlands at Trophy Club, NH 7, Phase 3C – 10’ Easement for Lot 63, Block L The proposed 10-foot easement along the north line of Lot 63, Block L is acceptable. Town Council Page 51 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-870-T Name: Status:Type:Agenda Item Public Hearing File created:In control:1/21/2014 Town Council On agenda:Final action:3/3/2014 Title:Public Hearing regarding a request for approval of amendments to Planned Development No. 30 (PD- 30), The Shops at Trophy Club, to amend the Town's Comprehensive Zoning Ordinance and Zoning Map; and to amend Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B". Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Attachments:Staff Report - TC - PD-30 Amendment Request.pdf Redline for TC 03-03-14.pdf Concept Plan.pdf Preliminary Site Plan.pdf Public Hearing Notice - Newspaper - Rescheduled - PD-30.pdf Public Hearing Notice - Residents.pdf ORD 2014-06 Amend PD-30 PZ with Exhibit A & B.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/20/2014 1 Public Hearing regarding a request for approval of amendments to Planned Development No. 30 (PD-30), The Shops at Trophy Club, to amend the Town's Comprehensive Zoning Ordinance and Zoning Map; and to amend Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B". Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Town Council Page 52 of 178 Meeting Date: Monday,March 3, 2014 SUBJECT: Public Hearing, Consideration and take appropriate action regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by William Dahlstrom, Jackson Walker L.L.P. APPLICANT: William Dahlstrom Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 ARCHITECT: Mike Twichell Michael F. Twichell, L.P. 3624 Oak Lawn Avenue, Suite 320 Dallas, Texas 75219 OWNER: Scott Beck JSB Properties, LP 12222 Merit Drive, Suite 120 Dallas, TX 75251 LOCATION: Northeast corner of State Highway 114 and Trophy Club Drive ADJACENT ZONING/EXISTING LAND USES: North: The Estates at Hogan’s Glen (Zoned PD), Fellowship United Methodist Church (zoned for neighborhood services) South: State Highway 114 East: Lake Forest Village (Zoned: R-12) West: The Village at Trophy Club retail center TOWN COUNCIL STAFF REPORT March 3, 2014 Case No. PD-AMD-14-04 Amendment to Planned Development No. 30 Town Council Page 53 of 178 Meeting Date: Monday,March 3, 2014 REQUEST: The applicant is requesting amendments to PD-30 as outlined below. EXISTING CONDITION OF THE PROPERTY: This property is currently vacant. It is surrounded on three (3) sides with existing roadways, State Highway 114 to the south, Trophy Club Drive to the west and Indian Creek Drive to the north. The property is generally open and clear with several trees located in the middle of the property. A creek is located along the eastern side of the property. Two one-story office buildings are located on the property near the intersection of Trophy Club Drive and Indian Creek Drive. ZONING: The property is zoned Planned Development No. 30 (PD-30), with mixed uses including retail, hotel, office, and retail/multi-family uses. PROPOSED AMENDMENTS Attached is Exhibit B of Planned Development No. 30, Ordinance 2012-04. The amendments requested by the applicant are in red, blue, or purple. The changes requested by the Planning and Zoning Commission on February 20, 2014, are shown in green. Using the Page Numbers in the upper right hand corner of Exhibit B, the changes requested to PD-30 are as follows: Page 5 Definitions, Delete No. 14 -- Remove “Hotel Residential”. “Hotel Residential” allows 20 residential units inside the hotel. The applicant is removing this use from the PD. Page 6 Definitions, Add No. 28 – “Retail Ready”. This defines the type of retail/residential units allowed on the ground floor of Buildings B4, B5 and B7. The “retail ready” units are intended to provide flexibility of occupying a space in accordance with market demand and allowing the use in such space to change from retail uses to residential units in accordance with the market. Page 7 Definitions, Add No. 40 – “Townhouse/Townhome”. To define the type of homes that will be allowed in Area I. Page 8 Permitted Uses Remove “Hotel Residential” Add “Townhouse/Townhome” Town Council Page 54 of 178 Meeting Date: Monday,March 3, 2014 Remove “Municipal Admin”, Public Service Facilities”, and “Public Safety Facilities” The applicant is removing “Municipal Admin”, “Public Service Facilities”, and “Public Safety Facilities” in response to objection from some of the Planning and Zoning Commissioners to permitting these uses in PD-30. Page 19 Maximum Height Table Modify “Maximum Height” table to allow “retail ready” on the first floor of mixed use urban residential buildings and to set a maximum height for Townhouses/Townhomes buildings. In addition, in other areas of the PD, it is specified that retail ready will only be allowed in Buildings B4, B5 and B7. Page 40 To allow close horizontal adjacency on the ground floor for 33 retail ready units D. Design Standards 1. Mixed Use a. General ii. add “except as otherwise permitted herein”. Pages 40 and 41 Add subsection “iv” To allow mixed retail and residential on the ground floor of Buildings B4, B5, and B7; The residential on the ground floor shall not exceed 33 units; Retail shall be marketed for 24 months after issuance of building permit before units can be converted to urban residential; Ground floor urban residential shall be a minimum 1,200 sq. ft. Page 43 Remove “Public Safety Facilities” from: D. Design Standards 3. Uses Allowed on Specific Frontages a. i. and ii. Page 45 Balconies are not allowed in mixed use buildings fronting Trophy Club Drive. E. Non-Residential/Mixed Use Building Design Guidelines 3. Building Locations e. Town Council Page 55 of 178 Meeting Date: Monday,March 3, 2014 Pages 45, 46 and 47 To meet current energy codes, revise: E. Non-Residential/Mixed Use Building Design Guidelines 4. Specific Building Requirements b., and c., and f., and associated illustrations Pages 47 and Page 50 To allow the use of EIFS rather than stucco, revise: E. Non-Residential/Mixed Use Building Design Guidelines 4. Specific Building Requirements d. and F. Urban Residential Guidelines 3. Building Materials Page 51 Specify location of urban residential on ground floor: F. URBAN RESIDENTIAL GUIDELINES 1. General c. ii. Pages 51 through 55 Other Revisions to “F” Urban Residential Guidelines: • Remove Hotel Residential Standards as those units will no longer be allowed. • 4. a. Add a statement that allows urban residential in a building fronting Trophy Club Drive if the urban residential is located above the first floor. • 4. b. Balconies are not allowed in urban residential fronting Trophy Club Drive. • 4. e. Limits urban residential to 250 with up to an additional 33 urban residential units permitted on the first floors of Buildings B4, B5 and B7 provided those units are retail ready. • Removes from the PD document the ability to request additional urban residential by Special Use Permit (SUP). Town Council Page 56 of 178 Meeting Date: Monday,March 3, 2014 (Continued from previous page) Page 51 through 55 Other Revisions to “F” Urban Residential Guidelines: • 4. f. Defines Phasing. Original Amendment Request by Applicant: Phasing: Area A and Area B shall be simultaneously constructed; however, a Certificate of Occupancy shall not be issued for a building in Area B prior to commencement of construction in Area A. Commencement of construction shall mean that building permits have been issued, grading and site preparation have commenced and 33.3% of the square footage of all pads within Area A have been constructed. Applicant’s Alternative after discussion with Planning & Zoning Commission: Area A and B shall be simultaneously constructed; provided, however, a Certificate of Occupancy shall not be issued for a building in Area B prior to issuance of Certificates of Occupancy, which may include “shell Certificates of Occupancy”, for 50% of the building area in Area A. Staff recommendation for language for phasing: Area A and B shall be simultaneously constructed; provided, however, a Certificate of Occupancy shall not be issued for a building in Area B prior to issuance of Certificates of Occupancy, which may include “shell Certificates of Occupancy” for 20,000 sq. ft. of retail building in Area A. (Continued) Other Revisions to “F” Urban Residential Guidelines: Pages 52 through 55 • 5. Townhome Residential Requirements Section 5, A through I establishes standards for construction of the Townhomes in PD-30. Such as: • Individually platted lots • A maximum of 7 units per cluster • Maximum density of 30 townhomes allowed • Maximum height - 3 stories • Minimum square footage of townhomes – 1,400 sq. ft. with 800 sq. ft. minimum allowed on the second floor. o First Floor – garage o Second Floor – 800 sq. ft. minimum o Third Floor – not to exceed 2nd floor Town Council Page 57 of 178 Meeting Date: Monday,March 3, 2014 • Lot size, lot coverage and setbacks • Design guidelines • Parking requirements • Trash containers 5.f) Townhome Residential Design Guidelines Changes in green reflect changes requested by the Planning & Zoning Commission. 5.i) POA The addition of a separate Property Owner Association for the Townhomes as requested by P&Z Commission. Page 58 Other Revisions to “F” Urban Residential Guidelines: G. Parking Guidelines 3. Garaged Parking c. Add the requirement that parking garages fronting on State Highway 114 shall not have exposed concrete finishes (as requested by the Planning and Zoning Commission.) Replace Concept Plan. Replace Preliminary Site Plan. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission conducted a public hearing and discussion and recommendation of this item on February 20, 2014. The final motion by the Planning and Zoning Commission, with stipulations, passed by a vote of 4 in favor (Senelly, Vowell, Sadley, Allen) and 3 opposed (Card, Reed, Sheridan). During the Public Hearing, the following residents spoke: Jim Parrow, 8 Brookfield Ct., is in favor of completing PD-30 but wants it’s done with retail and commercial to the max; townhomes and the minimum of rental units. He had a concern regarding phasing. He is not in favor of the wording for phasing, noting that “he can build 250 apartment units by site prepping, permitting and prepping pads with no further construction of any retail facilities.” Mr. Parrow stated that there used to be ratios and in the previous definition there was the term “development” for non-residential and “construction” for residential. He is wondering if “development” means getting permits, site prep and pads and meanwhile 250 apartments can be built and put people in and collect rents on. He would like “development” clarified. He also had a concern about the maximum of 40 total additional apartment units. He would like it clarified that Town Council Page 58 of 178 Meeting Date: Monday,March 3, 2014 there are 40 units total additional, not 40 units per each ground floor of buildings B4, B5 and B7. Mr. Parrow’s three minutes were up at this point and he asked for additional time, but the Planning & Zoning Commission does not allow time to be given from one person to another. Mr. Parrow stated that his last concern regarded 40-ft. maximum about the frontage. Larry Mundy, Lot 119. He stated that when he figures the square footage, 350 apartments above the first floor would have been all 600 sq. ft. He made a comparison to buying a coat at Macy’s. He thinks “retail-ready” is an absurd term that means residential ready. He thinks that if the units are going to have sewer lines for potential retail use maybe it ought to be required in the ordinance. He is most disappointed by the loss of the FAR formula. That was a compromise that helped get PD-30 to where it was two years ago because it said that a certain amount of commercial space that was sales tax producing was going to be built before apartments. That’s gone. Everybody loves the townhouses. In the ordinance they are to be separately platted but there is no requirement they be separately conveyed. There is no guarantee they will be individually owned. They are not urban residential so they are not subject to any requirement that anything else be built anywhere on the 26 acres first. They can start to be developed the day after this ordinance passes. “In view of the history and just logically,” Mr. Mundy thinks that’s, “pretty goofy”. He stated that at least they are not garden apartments. Robert Hoch, 245 Oak Hill Drive. He stated that he would like to commend Planning and Zoning on their patience on this issue. “We need the retail.” (he repeated that sentence 3 times) If I were developing it and I put in a bunch of retail ready that I could use as apartments if I couldn’t market them, I could price them where I couldn’t market them and they would be apartments. I can live with townhomes, I just can’t live with retail ready apartments. We need retail. Thank you. Rhylan Rowe, 404 Skyline Drive. Been a Trophy Club resident since 2004. For the record, I offered to yield my time to Mr. Parrow out of courtesy. I’ve seen it done. I’ve watched this video while multi-tasking at work from the last meeting so who knows if I remember it correctly or mixing it up with the Council meeting, but if I’d known ahead of time that it was a rules violation obviously wouldn’t have done it. I actually didn’t plan on saying anything. I emailed you guys earlier today and I don’t want to beat you down with repeating everything there, but since my name was on the orange card I guess I’d just like to emphasize that the character of these proposed changes all de-emphasize the retail proportion of the development. What the gentleman just said before me is spot on, that is how we arrived at where we are today, so just consider that and keep that in mind. I think that there are market forces here at work that are telling us what the realities are about how this is going to get developed as planned and that you consider that. Thank you for your service. Town Council Page 59 of 178 Meeting Date: Monday,March 3, 2014 Roland Desjardins, 9 Fair Green Dr. I’ve been in this community over 33 years. Not many of you can say that, I suspect. Some of you can. Back when I moved into this community, there was a vision that Ben Hogan had when he wanted to build this club and what this community meant. I’m here to tell you today that vision is long gone. This community is not anything like what Ben Hogan envisioned or even the original developers of this Town envisioned. It’s evolved. And, there’s been good and bad parts of it. I’m here 33 years because I’ve loved living in this community. But I’ve heard a lot of promises from different organizations about what they want to do and quite honestly this organization is doing exactly what they should be doing -- trying to maximize their benefits. Financially they want what they can get out of it. For us as a community, we want what we can get out of it and that’s not what these people want. They don’t want that for what we want as a community. The fact of the matter is, asking for additional apartments when it should be retail and nothing else is maximizing their benefit and not us. Retail is what benefits this community; what draws people to this community to buy homes. Saying that you are going to do retail and then putting apartments in, do you really want apartments in our downtown area? Do you really? I don’t. And, I have no assurances from this organization that it will ever happen the way they are claiming it will. Thank you for your time. Pearl Ford, 2 Spring Creek Ct., Trophy Club resident 33 years and 6 months. I do want to thank the Commissioners for the time that they’ve put into this effort to look at all of these pieces of paper and changes and so on. All I ask is that when you make your decision, please, please, make your decision based on what is good for the entire community not for some few that have vested interests or special projects of their own. Thank you. The Chairman closed the public hearing and the Commission then discussed the amendment request for approximately two hours, including allowing residents to speak again if they had additional questions or comments. The following residents spoke: Dave Abdulky, 16 Panorama Trail, It looks like there is compromise here. I think that’s definitely been displayed. Exactly what that is, obviously you guys have to decide what we are and aren’t willing to do, and then Council after that, but it’s a promising sign to see this. I think everybody here knows it benefits our whole community to have this done so let’s do what we can to get through this process and get it rolling. Thank you. Jarod King, 106 Panorama Ct., If we have 33 ground floor retail ready units, put some kind of working in there where basically if we rent them out retail, once retail, they can never go to apartments. Chairman Senelly: I think as a practical matter that’s true anyway. Thank you. Jim Parrow, 8 Brookfield Ct., Item 9 on specific building requirements for store fronts, doors and ground floor facades, the previous document showed a Town Council Page 60 of 178 Meeting Date: Monday,March 3, 2014 minimum of 40 sq. ft. and the current one shows a maximum of 40 sq. ft. That appears to me, based on the retailers I’ve talked to, to be non-desirable for a retail location. If you look at the original PD document approved in January 2012, it shows storefronts that were 60 to 80, sometimes ceiling to floor, glass depending on what the building was being used for. Chairman Senelly: We’ll ask our applicant to respond on the change from the minimum to the maximum. Mike Twichell: It’s very simple. The new energy code does not allow more than 40%. Jim Parrow: For retail? Mike Twichell: For anything. Jim Parrow: Ok, well if there is a code that prohibits it, that’s different from what was submitted originally. Mike Twichell: It’s a whole new world. Chairman Senelly: We keep changing building codes as time goes on… Jim Parrow: Energy efficiency. Fair enough. After further discussion, the following motion was made, which did not pass. Commissioner Sadley made a motion, seconded by Chairman Senelly, to approve the requested PD-30 amendments with the following stipulations: 1. Maximum 33 additional retail ready apartments that must be marketed for retail for 18 months from issuance of a building permit. 2. If the 33 units are residential, they shall be a minimum of 1,200 sq. ft. 3. There shall be a separate POA for the Townhomes. 4. Phasing: retail/apartments Certificate of Occupancy issued at the same time 5. 85% masonry required on the front, rear and sides of townhomes. The vote was 3 for the motion to approve (Sadley, Vowell, Senelly) and 4 against. After approximately 30 minutes additional discussion, the following motion was made: Commissioner Allen, seconded by Vice Chairman Vowell made a motion to approve the requested PD-30 amendment with the following stipulations: 1) 33 apartments allowed on the ground floor of buildings B4, B5 and B7. Thirty-three (33) additional maximum for a total of 283 apartments allowed in PD-30. The ground floor units shall be made retail-ready and shall be marketed as retail for a period of two (2) years; the two (2) year timeframe to commence at time of building permit issuance. 2) The 33 ground floor apartments shall be a minimum of 1,200 sq. ft. 3) Townhomes design standards: 7. F) i. and ii. Combine to state that a minimum of 85% of the front, side and rear façade of Townhome Residential shall be finished in masonry (brick, stone, cast stone, or glass block). This adds a requirement of 85% masonry to the sides of the buildings and removes stucco using the 3 step process as a masonry option. Keep 7. F) iii. which allows EIFS at or above the second floor for decorative trim, moldings, etc. Town Council Page 61 of 178 Meeting Date: Monday,March 3, 2014 4) Parking Garage – no exposed concrete facing State Highway 114; exterior side(s) facing State Highway 114 shall meet architectural standards of adjacent hotel or office 5) Separate POA for Townhomes 6) Remove public facilities, municipal facilities and public safety facilities as permitted uses. 7) Phasing: Area A and B shall be built simultaneously. Apartments cannot be occupied until the retail is finished. The vote was 4 for the motion to approve (Sadley, Vowell, Senelly, Allen) and 3 against (Reed, Sheridan, Card). SUMMARY The application requests approval by the Town Council of the above changes to Planned Development No. 30 (including the changes requested by the Planning and Zoning Commission). Informational Staff Comment: Before a building permit can be issued, final site plan approval is required for PD-30, and in order to obtain final site plan approval, the following items are required for the entire site: Water Model Study Sewer Study Drainage Study Engineering Feasibility Study Traffic Impact Analysis Tree Survey PUBLIC HEARING AND PROPERTY OWNER NOTIFICATION: As required by ordinance, a notice of public hearing is required for an amendment to a PD. This request was published in the Star-Telegram on Monday, February 10, 2014 and property owners within 200-ft. of the PD-30 property were notified of this request. ch Town Council Page 62 of 178 Meeting Date: Monday,March 3, 2014 EXHIBIT “B” PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS THE BECK PROPERTY STATE HIGHWAY 114 AND TROPHY CLUB DRIVE 26.354 ACRES C. MEDLIN SURVEY ABSTRACT NO. 283 TROPHY CLUB, TEXAS Town Council Page 63 of 178 Meeting Date: Monday,March 3, 2014 CONTENTS I. GENERAL A. Purpose B. Applicability C. Concurrent Compliance D. Definitions E. Photographs II. DEVELOPMENT STANDARDS A. Permitted Uses B. Site Development C. Streetscape Standards D. Design Standards E. Non-Residential Building Design Guidelines F. Urban Residential Guidelines G. Parking Guidelines H. Signage, Clock Tower and Miscellaneous I. Lighting III. PROCEDURES A. Summary of the Process B. Concept Plan C. Preliminary Site Plan D. Site Plan E. Façade Elevations F. Process for Minor Modifications to the Concept Plan, Preliminary Site, Site Plan and Façade Elevations IV. EXHIBITS Exhibit A – Trophy Club Drive Non-Residential Frontages Exhibit A1 – Parallel Parking/Valet Option – Trophy Club Drive Exhibit A2 – State Highway 114 and Indian Creek Drive Non Residential Frontages Exhibit A3 – Parallel Parking/Valet Option – SH 114 and Indian Creek Drive Exhibit A4 – State Highway 114, Trophy Club Drive Non-Residential Frontages Exhibit A5 – Trophy Club Drive and Indian Creek Drive Non-Residential Frontages Exhibit B and B1 – Secondary Street for Non-Residential Frontages Exhibit C and C1 – Private or Mews Street Exhibit D – Serviceway Exhibit E – Visual Orientation Exhibit F – Bridge Configurations Between Buildings Exhibit G – Utilities Placement Exhibit H – Concept Plan Exhibit I – Preliminary Site Plan Town Council Page 64 of 178 Meeting Date: Monday,March 3, 2014 I. GENERAL CONDITIONS FOR MIXED-USE ZONING A. PURPOSE. PD-30 is intended to be a high quality focal point of the community. This is achieved by promoting an efficient, homogeneous, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing the developer flexibility in land use and site design. PD-30 is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. B. APPLICABILITY. This ordinance shall establish site, building, and use standards for development within the following legally described property (the “Property”): Being a 26.354 Acre Overall Site in the C. Medlin Survey, Abstract No. 823, Town of Trophy Club in Denton County, Texas. The Site is bounded to the South by State Highway 114, to the West by Trophy Club Drive, to the North by Indian Creek Drive and to the East by Urban Residential Development “Lake Forest Village, Phase III”. C. CONCURRENT COMPLIANCE. This ordinance shall apply to all development within the PD-30 boundaries. Except as otherwise set forth herein, all regulations, development standards and procedures of the Town shall apply to development within PD-30. The zoning ordinance of the Town, as amended, shall remain in full force and effect, save and except as amended by this ordinance. In the event of a conflict between any provision in this ordinance including, but not limited to, any regulation, development standard or procedure, with any provision in a Town ordinance or resolution, the provisions in this Ordinance shall control. For purposes of the development standards set forth in this ordinance, the entire Property is considered one lot. D. DEFINITIONS. In addition to Definitions in Chapter 13, Article II of the Town of Trophy Club Zoning Ordinance, the following terms shall have the corresponding interpretations and meanings: 1. “Adult Active Living” shall mean an Urban Residential facility intended for retirees and senior citizens. Town Council Page 65 of 178 Meeting Date: Monday,March 3, 2014 2. “Building Design” shall mean the orientation, design and development elements set forth in the Exhibits, illustrations, and images in this Ordinance. 3. “Building Line” shall mean the nearest location of a structure measured from the respective right-of-way, street easement or property line. 4. “Building Line-of-Vision Plane” shall mean a plane by which maximum height is established taking into consideration line-of-vision from the Indian Creek Drive and Trophy Club Drive. 5. “Circulation Zone” shall mean the pedestrian maneuvering areas set forth in the Exhibits. 6. “Concept Plan” shall mean a general plan for development within the Property that identifies land uses, ingress/egress, and densities for development. 7. “Encroachment” means any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R.O.W, or above a height limit. 8. “Façade Elevations” shall mean the elevations of structures to be constructed on the Property. 9. “Floor Area Ratio” shall mean the ratio of all enclosed building areas divided by the total area of the Property. 10. “Full Service Restaurant” shall mean a restaurant that provides food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment. 11. “Garden Apartments” shall mean stand-alone, low density, two-story Urban Residential buildings with the following characteristics: lack of functionality as a component of (in terms of layout, appearance, etc.), any larger planned grouping of buildings; low density; lack of pedestrian circulation, active street-life, or a larger sense of community beyond that of the individual complex itself; no integrated mixed uses; lack of building amenities and site enhancements; and contain all surface parking. 12. “Hardscape” shall mean the impervious areas within a development that are used for streets, drives, sidewalks, walkways, retaining walls, trails, and other similar features. Town Council Page 66 of 178 Meeting Date: Monday,March 3, 2014 13. “Hotel (full-service)” shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check-in; ii. A minimum area of 300 square feet in each guest room; iii. On-site staff required seven (7) days a week, twenty-four (24) hours per day; iv. A minimum of five thousand (5,000) square feet of meeting or conference room space; v. No fewer than 150 rooms; and vi. A full service restaurant (exception by SUP). 14. “Hotel Residential” shall mean a residential facility affiliated with a hotel such that the amenities and services of the hotel are available to the residents in the hotel residential units. 15.14. “Lot Coverage” shall mean the area of each proposed lot that is covered by buildings. 16.15. “Maximum Building Setback” shall be the maximum distance between the front building line and the property line or right-of-way line along that corresponding building line. 17.16. “Minimum Building Setback” shall be the minimum distance between the front building line and the property line or right-of-way line along that corresponding building line. 18.17. “Mews Street”” shall mean a small street, or courtyard constructed in accordance with Exhibit “C” and “C1”. 19.18. “Mixed Use Building or Structure” shall mean a building or structure in which at least one of the upper floors of the building has uses different from the ground floor. 20.19. “Mixed Use Land Use” shall mean a combination of uses integrated either vertically within structures or horizontally throughout the Property. 21.20. “Open Space” shall mean areas unobstructed to the sky designated for the recreational enjoyment and/or natural beauty of the area which serve as an amenity to the Property including, but not limited to park areas, creekways, trails, landscape features, hardscape areas, courtyards and drives incorporated into courtyards. Parking spaces and vehicular pathways shall not be credited towards open space requirements. 22.21. “Parking Zone” shall mean the areas designated for parking both on-street and off-street. Town Council Page 67 of 178 Meeting Date: Monday,March 3, 2014 23.22. “Paseo” shall mean an open space primarily dedicated for pedestrian movement between blocks or buildings. 24.23. “Preliminary Site Plan” shall mean a preliminary detailed plan for development within the Property that identifies building location, parking, general landscaping, and other surface accommodations for the site. 25.24. “Property” shall mean the tract of land described in Section I.B. herein. 26.25. “Property Owners Association” shall mean an incorporated or unincorporated association that is designated as the representative of the owner(s) of property in PD-30 and manages and maintains the common areas and open spaces of the planned development. 27.26. “Public Access Area” shall mean those areas open to the public including, but not limited to patios, courts, plazas and other similar areas. 27. “Quick Service Restaurant” shall mean a restaurant that specializes in providing a full meal in a few minutes. Such meals often consist of a permutation of hamburger or chicken, french fries, and a soft drink or a milkshake. 28. “Retail-ready” shall mean space constructed at a minimum interior height of 14 feet which may be used for nonretail uses, including Urban Residential. Prior to the issuance of a certificate of occupancy for a retail use in a “Retail-Ready” space, the space must comply with all building and construction codes for retail use. The intent of “Retail-Ready” space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change from retail uses to Urban Residential or Urban Residential to Retail in accordance with the market. 28.29. “Secondary Street” shall mean an interior (public or private) street within the development intended to provide access to development and for circulation within the property. 29.30. “Service Area” shall mean an area which is used for employee, delivery, and utility service access between buildings, for vehicle access for loading and delivery, trash area and trash pick-up, for maintenance and service vehicle access, and for routing of base building and tenant utilities. 30.31. “Serviceway” shall be a private drive that provides access to service areas, loading/unloading areas, and parking. 31.32. “Sign Kiosk” shall mean a kiosk structure that complies with the provisions of this Ordinance and used only for signage purposes. 32.33. “Site Plan” shall mean a detailed plan for development within the Town Council Page 68 of 178 Meeting Date: Monday,March 3, 2014 Property that complies with the regulations of this Ordinance 33.34. “Stacked Parking” shall mean parking in which vehicles are parked immediately in front of, behind, or adjacent to other vehicles without each vehicle being adjacent to a maneuvering aisle or drive. Stacked parking is permitted for valet parking only. 34.35. “Street Trees” shall mean trees required to be planted along street frontages as set forth herein. 35.36. “SUP” shall mean Specific Use Permit as required by the Town’s ordinances; provided however that the SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. If the SUP is neither approved nor denied within the 45 day period, it shall be deemed approved. 36.37. “Supplemental Uses” shall mean uses coincident with primary, permitted uses including "patio" dining; beer, wine and mixed beverage consumption; beverage sales, service, and consumption; entry vestibules; entry stoops; structured canopies; patron waiting; valet stand; bicycle racks; street furnishings; feature hardscape or landscape; water features; and/or incidental retail display and sales, or other similar uses approved by Town Staff. 37.38. “Supplemental Use Zones” shall mean the areas designated for supplemental uses as described in this Ordinance. 39. “Town Staff” shall mean the Town Manager and/or his designee. 38.40. “Townhouse/Townhome” means a single-family dwelling in a row of at least three attached units, but no more than 7, whereby each unit has its own front and rear access to the outside. No unit shall be located over another unit and each unit shall be separated from other units by one or more vertical common firewalls. 39.41. “Type ‘A’ Drive” shall mean the drives identified on the Concept Plan that are the primary pedestrian walking corridors. Buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian-oriented design. 40.42. “Type ‘B’ Drive” shall mean the drives identified on the Concept Plan that are intended to primarily accommodate access to parking, service, and other auto-oriented functions. 41.43. “Urban Residential Units” shall include, in addition to the multi- family definition contained in the Town’s Zoning Code, flats, flats with mezzanines, two floor units, Adult Active Living and Urban Residential Town Council Page 69 of 178 Meeting Date: Monday,March 3, 2014 Units grouped together into a single building. 42.44. “Vendor Kiosk” shall mean a small, stand-alone booth used for marketing purposes and for the sale or rental of goods or products. E. PHOTOGRAPHS. All photographs included in this ordinance are for illustrations purposes only of the features permitted by this planned development district and are not intended to be representative of exact construction requirements. II. DEVELOPMENT STANDARDS A. PERMITTED USES. Within this planned development district the only uses permitted are the following. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the Town Staff, subject to appeal directly to the Town Council: 1. RESIDENTIAL • Dwelling, Urban Residential Units [Garden Style Apartments are prohibited] • Hotels (full service) • Hotel Residential • Adult Active Living • Townhouse/Townhome 2. RELIGIOUS AND PHILANTHROPIC • Eleemosynary Institutions (CUP Required) 3. EDUCATIONAL • Children’s Day Care Center & Kindergarten • Junior Colleges, Colleges & Universities (limited to 20,000 sq ft or less) • Schools, Private Business & Professional • Schools, Vocational, Technical & Trade 4. COMMUNITY FACILITIES • Auditorium, Gym • Heliport/Helipad • Municipal Admin, Public Service Facilities • Park, Playground, Playlots, Related Facilities • Parking Garage • Privately Owned & Operated Playground • Public Safety Facilities • Radio, Television, Microwave, Cellular towers attached to buildings (if camouflaged so that they are not visible to the public) • Social, Recreational, Assembly Bldgs • Tennis, Handball, Racquet Ball Clubs • Utility Facilities, Office Town Council Page 70 of 178 Meeting Date: Monday,March 3, 2014 5. PROFESSIONAL AND FINANCIAL INSTITUTIONS • Accounting Office • Admin, Executive, Editorial Office • Architectural, Eng, Planning Office • Attorney’s Office • Banks and Financial Institutions • Hospital • Insurance Office • Extended Stay Surgery Center • Personal/Family Counselor • Physician and/or Dentist • Public Secretary • Barber, Beauty, Styling Shops • Health, Athletic Shops • Medical, Dental, Chiropractic, Optometry, etc. • Real Estate Office • Travel Bureau or Agency • Weight Reduction Studio 6. RETAIL • Antique Shop • Art Studio • Art Supply Store • Arts, Crafts, Hobby Shops • Bakery Shops • Bicycle Shop • Beer, Wine and Liquor Sales (Off-Premise Consumption Only) (SUP Required) • Coffee Shop • Confectionary Shop • Dairy Food Shop • Dance Studio • Dinner theater • Donut Shop • Drug Store, Apothecary, Pharmacy • Dry Cleaners, Pick-up and Drop-off [Dry cleaner plants are prohibited] • Duplication and Mailing Service • Electrical Goods and Fixtures • Fabric and Knitting Shop • Florist • Grocery Store • Hardware Store (less than 50,000 square feet) • Household Appliance Store • Household Furnishings, Fixtures • Ice Cream Shop Town Council Page 71 of 178 Meeting Date: Monday,March 3, 2014 • Jewelry, Watch Store • Liquor Store (SUP Required) • Music Store • Tanning Salon • Performing Arts Center • Photograph Service & Studio • Printing, Publishing, Engraving • Quick Service Restaurant (SUP Required) • Restaurant • Restaurant w/Alcoholic Beverage Sales (Appropriate TABC Required) (SUP Required) • Sporting Goods Store • Theater • Wallpaper, Paint Store • Wearing Apparel Store 7. RECREATIONAL • Community Center (Non-Profit) • Private Health Club • Swimming Pool (Private Club) • Swimming Pool, Tennis Court (Non-Profit) • Tennis Court (Private) 8. MIXED USES: Mixed uses are permitted within the Property. 9. SPECIFIC USE PERMIT REQUIRED FOR CERTAIN RETAIL USES: Any individual retail use with a ground level floor area in excess of 50,000 square feet shall require a Specific Use Permit. 10. ACCESSORY USES: Any use accessory to any permitted use is permitted within this planned development district. 11. ANY PERMITTED USE WITH A DRIVE-THRU FACILITY. Standards in this Ordinance shall apply. B. SITE DEVELOPMENT. 1. General Requirements. a. Concept Plan. A concept plan (Exhibit “H”) is incorporated with this Ordinance. b. Building Location. Buildings shall generally be located within the Property as set forth in Exhibits “A”-“D”. The Building Line shall be measured from the respective right-of-way, street easement or property line. c. Preliminary Site Plan - A preliminary site plan (Exhibit “I”) is incorporated with this Ordinance. Town Council Page 72 of 178 Meeting Date: Monday,March 3, 2014 d. Maintenance of Open Space and Circulation Zones. The Property Owners Association shall be responsible for maintaining public access areas, open space and Circulation Zones within the Property. e. Street Naming. All streets shall be named, with the exception of Serviceways. f. Gated Streets. No streets shall be gated, with the exception of Serviceways, which can be gated or regulated by means of access control devices. g. Paving Materials. Hardscaped areas shall incorporate a variety of paving materials. Bricks, pavers, stone, stained concrete, or imprinted concrete may be used as hardscape area paving. The balance of hardscaped areas shall be concrete (light broom, salt finished, patterned, integrally colored). Contrasting colored pavers and concrete and/or truncated dome pavers and stamped concrete shall be used where required by accessibility requirements at ramps and curb ramps. h. Landscaping. Landscaping shall incorporate a variety of plant types including seasonal color and native low moisture foliage. Decomposed rock and decorative gravels will be considered landscaping. Appendix A shall be the planting list for landscaping within the development. Town Council Page 73 of 178 Meeting Date: Monday,March 3, 2014 i. Screening Walls/Fences. Screening Walls/Fences shall be constructed of brick, stone, ornamental metal with evergreen landscaping, or any other material consistent with that of the adjacent building or a combination thereof. j. Supplemental Uses in Public Right-of-ways and Public Easements. i. Supplemental uses are permitted in the areas designated on Exhibits “A”-“D”, and “G”. ii. Supplemental use zones may occur in public right of ways, public easements or on private property. iii. Supplemental use areas shall only be used by adjacent tenants. Supplemental Uses specifically exclude parking and permanent enclosed structures. k. Drive Type Designation. The Concept Plan for the Beck Property Planned Development District shall establish the following drive types: i. Type ‘A’ Drives Established – Type ‘A’ Drives are intended to be the primary pedestrian walking corridors. Streets and buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian-oriented design. ii. Type ‘B’ Drives Established – Buildings along Type ‘B’ Drives may be permitted to accommodate some service and vehicular traffic including surface parking and drive-thrus. l. Street Paving Enhancements. i. All street types shall employ areas of enhanced paving for speed control, to demark pedestrian crosswalks, and/or for decorative purposes. ii. Enhanced paving may include speed humps, pavement striping, pavers, stone cobbles, stamped concrete, integrally colored concrete. Town Council Page 74 of 178 Meeting Date: Monday,March 3, 2014 2. Tree Preservation and Open Space: a. General. The provisions of the Town’s Tree Preservation Ordinance shall apply except as modified herein. b. Tree Preservation. i. A tree preservation plan shall be submitted with a Site Plan. ii. A tree preservation plan shall: • Indicate the general location of existing tree canopies on the property, tree caliper sizes, and tree species; • Indicate the extent to which existing environmental features are proposed to be altered to accommodate the proposed development; • Locate site plan existing trees to be preserved, if any, adjoining a natural or man-made drainage creek; and • Indicate the extent to which removed trees shall be mitigated through the Town’s tree mitigation regulations. c. Tree Removal Permit. In addition to the exceptions for a tree removal permit under Chapter 12, Article VIII, Sec. 8.03.C of the Town Council Page 75 of 178 Meeting Date: Monday,March 3, 2014 Code of Ordinances of the Town, a tree removal permit shall not be required for the removal of any tree within the proposed footprint of a structure or within a drive or street. d. Tree Replacement Standards. Any protected, specimen, historic or majestic tree removed for which a tree removal permit is required, shall be replaced with trees having a total caliper width equivalent to the total caliper width removed. Tree replacement shall not be required for any tree within the proposed footprint of a structure or within a drive or street. e. Applicability of Street Trees. All proposed street trees along public and private streets and drives shall count towards the proposed tree replacement on the property. f. Credit for Preserved Trees. A caliper-inch per caliper-inch credit shall be granted against tree replacement requirements for any protected, specimen, historic or majestic tree preserved within the Property. g. Open Space. i. Open space shall be at least 15% of the Property area. ii. For purposes of calculating open space, the entire Property is considered one lot. iii. The design of open spaces shall meet the following criteria: • Existing water bodies and creeks shall be preserved in a natural and contiguous state; • Pedestrian connectivity shall be provided in the form of sidewalks, natural walking paths along stream and creek corridors; and • A variety of open spaces shall be provided including, but not limited to, plazas, squares, playgrounds, parks and environmental preserves. iv. Open Space may use any combination of hardscape, landscape, and/or water features provided, however, that parking spaces and vehicular pathways shall not be credited towards open space requirements. v. Public access open areas may include amenities such as seating, bike racks, art installations, and waste receptacles. Town Council Page 76 of 178 Meeting Date: Monday,March 3, 2014 Town Council Page 77 of 178 Meeting Date: Monday,March 3, 2014 h. Public Access Area. A maximum of 50% of the required Open Space area may be satisfied by Public Access Areas. These shall be limited to breezeways, courtyards with café seating, and pedestrian paseos. Town Council Page 78 of 178 Meeting Date: Monday,March 3, 2014 i. Sidewalks and Community Bicycle/Pedestrian Trail. i. Minimum 6’-0” wide sidewalks shall be required along Trophy Club Drive and Indian Creek Drive. The sidewalk may be located within the R.O.W or in a landscaped parkway with street trees in the minimum setback area. ii. A public access multi-use (bicycle/pedestrian) trail shall be provided connecting to the nearest point on the Town of Trophy Club’s bicycle/pedestrian trail system contiguous with development within the Property. If the Town of Trophy Club’s bicycle/pedestrian trail system is not contiguous to the Property, then a connection point is not required. iii. The multi- use (bicycle/pedestrian) trail may cross streets of all types, at typical pedestrian crosswalks, as exclusively designed by the Owner. iv. The Property Owner shall plan and design the multi-use (bicycle/pedestrian) trail to be integrated with the internal pedestrian circulation paths. v. The minimum width of a multi-use (bicycle/pedestrian) trail shall be eight (8) feet of hardscape surface. j. Design of Drive-thru Facilities. The following standards shall apply to the design of all drive-thru facilities in the development. i. Drive-thru lanes for commercial uses may have direct access to interior streets and indirect access to any Type ‘A’ Drive and the perimeter streets. ii. Any buildings associated with a drive-thru use shall also have a pedestrian entrance at a Type ‘A’ Drive. iii. A minimum of five stacking spaces shall be provided if a restaurant has one drive-thru serving station. If the restaurant has two or more serving stations, then a minimum of two additional stacking spaces shall be provided for the second and subsequent serving stations. iv. An escape lane shall be provided parallel to the drive-thru lane extending from the beginning of the drive-thru lane to the serving station. v. For purposes of this planned development district, a “stacking space” is an area measuring 8 feet by 20 feet with direct forward access to a serving station. An escape lane shall be an Town Council Page 79 of 178 Meeting Date: Monday,March 3, 2014 area measuring a minimum of eight feet wide that provides access around the drive-thru facility. An escape lane may be part of a circulation aisle. k. Property Owners Association. Prior to approval of a final plat for the Property, a property owners association shall be established by the owner of the Property to ensure compatibility of structures within the Property and to provide maintenance of all common areas. 3. Setbacks. a. Required Setbacks. Except as otherwise provided for State Highway 114 Frontage Road and Trophy Club Drive in this section, setbacks for buildings on the Property shall be provided as set forth on the following Setback Table: Location Minimum setback Maximum Setback Front Setback Along State Highway 114 Frontage Road 15’ 300’ Front Setback Along Trophy Club Drive 15’ 100’ Indian Creek Drive 15’ 100’ Side and Rear Setbacks 0’ except along the east boundary line which shall be 50’ None Clock Tower. None None b. Encroachments. Encroachments within the required setbacks are permitted. Encroachments include architectural elements of a structure including, but not limited to decorative trim, cornice work, canopies, eaves, balconies, porches, steps, planters, window and door trim, and other similar features. In no case shall any encroachment be located over an on-street parking space or travel lane. c. Lot Coverage, Floor Area, and Heights. i. Maximum lot coverage. The maximum lot coverage is 100%. Open Space areas shall not be included in the lot area for purposes of calculating lot coverage. ii. Maximum floor area ratio. The maximum floor area ratio (“FAR”) for all uses is 4:1 maximum. iii. Property considered one lot. For purposes of calculating FAR, the entire Property is considered one lot. Town Council Page 80 of 178 Meeting Date: Monday,March 3, 2014 iv. Maximum height. The maximum height for structures within the Property shall be as set forth in the following table (the “Maximum Height Table”): Structure Type Maximum Number of Stories Maximum height of Structure* in Feet 1. Urban Residential only 4 60 ft The maximum building height for roof peaks and tower elements is 70’-0” from typical finish grade to highest part of construction. 2. Mixed Use with Urban Residential or “Retail-Ready” first floors 5 70 ft The maximum building height for roof peaks and tower elements is 75’-0” from typical finish grade to highest part of construction. 3. Office only 6 90 ft 4. Hotel only 6 8 (SUP Required)** 90 ft 135 ft. 5. Retail/ Commercial only 2 40 ft The maximum building height for roof peaks and tower elements is 50’ -0” from typical finish grade to highest part of construction. 6. Mixed Use with office or hotel 6 90 ft 7. Townhouses/ Townhomes 3 50 ft * For purposes of this planned development district, height is the vertical distance measured from the highest elevation at grade at the exterior surface of the structure to the highest point of the structure. **The SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. Town Council Page 81 of 178 Meeting Date: Monday,March 3, 2014 v. Minimum height: The minimum height for structures within the Property is twenty (20) feet in height. vi. The following standards shall also apply to the height of buildings on the Property: 1. Residential proximity. The maximum height for structures within 150’ of residential uses adjacent to the Property shall be 60’. 2. Maximum Height Based on Building Line-of-Vision from Indian Creek Drive and Trophy Club Drive: a. Except as otherwise provided herein, a building greater than two stories may not project above the Building Line-of-Vision Plane projecting from Indian Creek Drive and Trophy Club Drive unless a structure is constructed between the property line and the building so as to block the line-of-vision in which event the building may project above the Building Line-of-Vision Plane. b. Buildings two stories or less may project above the Building Line-of-Vision Plane. c. The Building Line-of-Vision Plane shall commence six feet above the property line of the Property along Indian Creek Drive and Trophy Club Drive and project upward and inward into the Property at a 25° angle to said six foot measurement. d. The Building Line-of-Vision Maximum Height is depicted below: Town Council Page 82 of 178 Meeting Date: Monday,March 3, 2014 3. Mezzanines. Mezzanines will not be counted as a floor. 4. Parking. The maximum height for all parking structures shall be no higher than the highest adjoining building. 5. Rooftop projections. The following structures may project a maximum of twelve (12) feet above the maximum structure height specified in the district regulations: a. Elevator penthouse or bulkhead. b. Mechanical equipment room. c. Cooling tower. d. Ornamental cupola or dome. e. Skylights. f. Visual screens shall be provided and shall surround roof mounted mechanical equipment. g. Chimney and vent stacks. h. Parapet wall. Town Council Page 83 of 178 Meeting Date: Monday,March 3, 2014 C. STREETSCAPE STANDARDS. 1. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive with Non-Residential Frontage. a. General. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive shall comply with the Street Standards set forth in Exhibits “A1”, “A2” and “A3”. b. Any parking frontage along State Highway 114 and Trophy Club Drive shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located at the edge of the R-O-W/property line along the corresponding frontage. c. Street Trees. i. Street trees shall be required on all the above streets. ii. Street trees shall be planted in the R.O.W or with the street screen or setback area, but shall be located between the travel lanes and parking/building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required tree spacing to an average of one tree per 60’-0” of street frontage. vi. Street tree species shall be selected from the Planting List in Appendix A. d. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. Town Council Page 84 of 178 Meeting Date: Monday,March 3, 2014 iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated for pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. Town Council Page 85 of 178 Meeting Date: Monday,March 3, 2014 v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. f. Supplemental Use Zone. i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). Town Council Page 86 of 178 Meeting Date: Monday,March 3, 2014 ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. iii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, beer, wine and mixed beverage consumption, beverage sales, service and consumption, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iv. Accessory “patio” dining, beer, wine and mixed beverage consumption, beverage sales, service and consumption, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters or decorative fencing as designed by the Owner and/or Tenant. Town Council Page 87 of 178 Meeting Date: Monday,March 3, 2014 v. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape plants shall be selected from the Planting List in Appendix A. vi. The Owner and/or Tenant are responsible for maintenance of the Supplemental Zone. 2. Modification of Zones. a. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. b. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. Town Council Page 88 of 178 Meeting Date: Monday,March 3, 2014 3. Indian Creek Drive with Residential Frontage. a. General. Indian Creek Drive with Urban Residential Frontage shall comply with the Street Standards set forth in herein. b. Street Trees. Street Trees shall be provided along Indian Creek Drive as follows: i. Street trees shall be required along Indian Creek Drive. ii. Street trees shall be planted in the R.O.W or within the setback area, but shall be located between the travel lanes and building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species shall be selected from the Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to an average of one tree per 60’-0” of frontage. c. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. One canopy tree (3” min. caliper size at the time of planting) shall be required within each landscaped island. Canopy tree species may be selected from the Planting List in Appendix A. Town Council Page 89 of 178 Meeting Date: Monday,March 3, 2014 d. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated to pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. Town Council Page 90 of 178 Meeting Date: Monday,March 3, 2014 v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. e. Supplemental Use Zone: i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. iii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iv. Accessory “patio” dining, mixed beverage, beer and wine beverage service, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent Town Council Page 91 of 178 Meeting Date: Monday,March 3, 2014 buildings by planters or decorative fencing as designed by the Owner and/or Tenant. v. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape plants shall be selected from the Planting List in Appendix A. vi. The Owner and/or Tenant is responsible for maintenance of the Supplemental Zone. f. Modification of Zones. i. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. 4. Secondary Street with Non-Residential Frontage. a. General. Secondary Streets with Non-Residential Frontage shall comply with Exhibits “B” and “B1”. b. Parking Frontage. Any parking frontage along any Type A Drive/Street shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located to screen the parking lot from the sidewalk along that frontage. c. Street Trees. Street Trees shall be provided along these streets as follows i. Street trees shall be required along all Secondary streets. ii. Street trees shall be planted within the Circulation area between the parking lane and building. Town Council Page 92 of 178 Meeting Date: Monday,March 3, 2014 iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species shall be selected from the Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to one per 100’-0” of frontage. d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone is dedicated to allowing pedestrian circulation and shall be a minimum of 6’-0” wide with a 4’-0” wide clear pedestrian zone. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Town Council Page 93 of 178 Meeting Date: Monday,March 3, 2014 Zone provided the required four (4) foot wide clear zone is maintained. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. f. Supplemental Use Zone. i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. iii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iv. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. v. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. g. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for temporary patron drop-off/pick-up and /or valet service. Town Council Page 94 of 178 Meeting Date: Monday,March 3, 2014 iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 5. Secondary Street with Residential Frontage. a. General. Secondary Streets with Residential Frontage shall comply with the standards set forth herein. b. Parking Frontage. Any parking frontage along any Type A Drive/Street shall be screened by a 3-foot high Street Screen. Required Street Screens shall be of either the same building material as the principal structure on the lot or masonry or a living screen composed of shrubs planted to be opaque at maturity. Species shall be selected from the Planting List in Appendix A. The required Street Screen shall be located to screen the parking lot from the sidewalk along that frontage. c. Street Trees. i. Street Trees shall be provided along these streets as follows: a) If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. b) If no parking is provided immediately adjacent to the street, two Street Trees shall be provided for every 81’ 0” of frontage. c) If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 60’ 0” of frontage. d) For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. e) Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. ii. Street trees shall be at least three-inch (3”) caliper at the time of planting. iii. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall reduce Town Council Page 95 of 178 Meeting Date: Monday,March 3, 2014 the required spacing of landscaping islands to one per ten (10) contiguous parking spaces, or one tree per 100’-0” of frontage. d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. The Circulation Zone shall be located adjacent to the Parking Zone and parallel to the frontage. ii. The Circulation Zone is dedicated to allowing pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four (4) foot wide clear zone is maintained. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. vii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. Town Council Page 96 of 178 Meeting Date: Monday,March 3, 2014 f. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 6. Private Street or Mews Street with Frontage of Any Uses. a. General. Private Street or Mews Street with Frontage of Any Uses shall comply with the standards set forth in Exhibits “C” and “C1”. b. Private Streets or Mews Streets provide public access by public right- of-way or public easement. c. Street Trees. Street Trees shall be provided along these streets as follows: i. If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. ii. If no parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 81’ 0” of frontage. iii. If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 60’ 0” of frontage. iv. For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. v. Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. vi. Street trees shall be at least three-inch (3”) caliper at the time of planting. Town Council Page 97 of 178 Meeting Date: Monday,March 3, 2014 d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscape island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. This zone shall be located immediately adjacent to the Parking Zone and parallel to the frontage. ii. This zone is dedicated to allowing clear, unobstructed pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade can be placed in this zone. iv. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. v. Doors for adjacent buildings cannot swing into this zone. vi. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. vii. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, waterfalls, etc.) shall be allowed in the Circulation Zone provided the required four foot (4’) wide clear zone is maintained. Town Council Page 98 of 178 Meeting Date: Monday,March 3, 2014 f. Supplemental Use Zone. i. This Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iii. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. iv. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. g. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 7. Serviceways. a. General. i. Serviceways shall comply with the standards set forth in Exhibit “D”. Serviceways shall be considered as Type ‘B’ Drives for the purposes of this Ordinance. Town Council Page 99 of 178 Meeting Date: Monday,March 3, 2014 ii. Serviceways will be on the Owner’s property and shall be used for pedestrian circulation between buildings on the same lot, for vehicle access to loading and trash areas, for maintenance and service vehicle access, and for routing of base building and tenant utilities. iii. Serviceways may be within physical separations and setbacks as required by building codes between uses and buildings. iv. Private utilities, grease interceptors, vaults, fire mains and other similar features may be located in the Serviceways. v. Serviceways which are identified by the Fire Department for possible use shall meet Fire Department requirements. vi. Ground level pedestrian circulation and upper level connective bridges between buildings may cross the Serviceways. vii. Service Areas shall not be visible from Indian Creek, Trophy Club Drive and SH 114. Town Council Page 100 of 178 Meeting Date: Monday,March 3, 2014 b. Base Building and Tenant Utilities. i. Base building and tenant utilities may be routed under serviceways whenever possible. ii. Base building and tenant utility related equipment, taps, meters, distribution, and similar equipment exposed to view shall be grouped in an ordered fashion on building walls abutting the serviceways. D. DESIGN STANDARDS. 1. Mixed Use. a. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. i. Combinations of uses permitted on the Property may be incorporated either vertically within structures or horizontally throughout the Property. Residential uses shall not be allowed on the ground floor except as otherwise provided herein. Mixed-use provisions are intended to address the standards and recommendations for the horizontal adjacency and the vertical mixing of varying uses. Town Council Page 101 of 178 Meeting Date: Monday,March 3, 2014 ii. Close horizontal adjacency of different uses is permitted for ground floor adjacencies for commercial and office uses. Residential and Commercial occupancies may be located on the same floor of the same Building, but residential uses shall not be located on the ground floor, except as otherwise permitted herein. iii. Close vertical adjacency of different uses is permitted for ground floor commercial and/or office uses with second floor office and/or Urban Residential uses above, and second floor office and/or Urban Residential uses with possible third floor Urban Residential uses. iv. Urban Residential is permitted on the first floor in Buildings B4, B5, and B7, as shown on the Preliminary Site Plan, subject to the following: a. the first floor in such buildings is Retail Ready.; a.b. the maximum number of units, in the aggregate on the first floor of Buildings B4, B5, and B7 is 33; b.c. Such space cannot be used for Urban Residential until 24 months after the issuance for the building permit of such space provided the space is being marketed for retail uses; and, Town Council Page 102 of 178 Meeting Date: Monday,March 3, 2014 d. The minimum area in the Urban Residential units on the first floor is 1,200 square feet. 2. Visual Orientation and Entrance Location for Mixed-Use Development. a. Ground floor commercial, retail, and office uses in a mixed-use development shall be visually oriented toward and have their primary entrance oriented toward the street or private drive frontage. Town Council Page 103 of 178 Meeting Date: Monday,March 3, 2014 b. Upper floor office and Urban Residential uses may use ground floor lobbies placed toward the middle or rear of buildings. These lobbies shall be clearly visible and easily accessed from the street frontages via public access open areas, public circulation paths between the street frontage and structured parking internal to the block, or similar public access patios, courts, or plazas. c. Rear facades of buildings facing Trophy Club Drive and Indian Creek Drive shall have a similar level of design and articulation as the front facades of the same respective buildings. Town Council Page 104 of 178 Meeting Date: Monday,March 3, 2014 d. Visual orientation and entrance location for Mixed-Use Development as set forth in this section shall generally comply with Exhibit “E”. 3. Uses Allowed on Specific Frontages. a. Buildings fronting on Indian Creek Drive shall be designed to accommodate the following: i. Ground floor retail, office, commercial, Public Safety Facilities and ii. Second floor and above Urban Residential, office uses, or Public Safety Facilities. E. NON-RESIDENTIAL/MIXED USE BUILDING DESIGN GUIDELINES. 1. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive Facades. a. Building design provisions are intended to address the physical appearance of buildings within the subject area and establish certain common design treatments, thus supporting individual buildings relatedness to adjacent buildings. b. Building design provisions include building’s location relative to street rights-of-way and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and the vehicular and pedestrian circulation within blocks and between buildings, within the same block to one another, and public pedestrian and vehicular circulation. c. Visual orientation and entrance location for buildings shall generally comply with the General Requirements for Mixed Use set forth in Section II of this Ordinance. 2. Structured Parking Garages. a. Structured parking garages shall comply with the requirements listed below. b. The facades of parking garages that are visible from Trophy Club Drive, Indian Creek Drive, or from the east boundary line must be of a similar color as the adjacent building. Screening of internal parking garages is not required. 3. Building Locations. a. For each façade of a building facing a street, 25% of the ground floor Town Council Page 105 of 178 Meeting Date: Monday,March 3, 2014 face shall be constructed within 6’0” maximum of the Building Line and 50% shall be constructed within 12’0” of the Building Line. The balance of the ground floor face is unrestricted in its proximity to the Building Line. Area of the building face satisfying these proximity requirements need not be continuous and can be divided per the building designer’s discretion. These proximity requirements are set forth in Exhibits “A”, “A1”, “A2”, “A3”, “B”, “B1”, “C” and “C1”. b. Where setbacks from the property line are stipulated in this section, the setback line shall be understood as the Building Line. c. Building Façades shall have a change in plane of not less than 5’-0” every 200’-0” of frontage or of not less than 2’-0” every 100’-0” of frontage at the building designer’s discretion. The change in plane shall continue at least 10’-0” before the Façade returns to its previous position. Town Council Page 106 of 178 Meeting Date: Monday,March 3, 2014 d. Structured canopies may encroach into Supplemental Use Zones. e. Balconies (not allowed in buildings fronting Trophy Club Drive) projecting from the building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” into 43 rights-of-way and easements. f. Ground floor arcades (covered walkway) with air-conditioned, enclosed space at the second floor shall be considered as meeting the requirements for percent of building within 6’-0” or 12’-0” of rights- of-way and easements. g. The requirements for percent of building within 6’-0” or 12’-0” of right-of-ways and easements shall not apply to structures that have building elements on facades above the second floor 4. Specific Building Requirements: a. The ground floor shall be defined as the first occupied floor occurring at the typical street frontage, finished sidewalk level, up to the bottom of the second floor. Mezzanines as defined by the building code may be allowed, but do not constitute second floors. b. Unless otherwise dictated by applicable codes and ordinances, nNon- residential and non-parking buildings shall have a minimum of 40% of the ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. This standard shall only apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. Town Council Page 107 of 178 Meeting Date: Monday,March 3, 2014 c. Unless otherwise dictated by applicable codes and ordinances, Nnon- residential and non-parking buildings fronting State Highway 114 Frontage Road and Trophy Club Drive, within 400 feet of State Highway 114 frontage road, shall have a minimum of 30% and a maximum of 40% of their ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. Town Council Page 108 of 178 Meeting Date: Monday,March 3, 2014 d. Materials and finishes used for windows, storefronts, entrances, and entrance vestibules shall be at the discretion of the Property Owner and/or Tenants as long as a minimum of 85% of Type ‘A’ Drive facades are finished in masonry (brick, stone, exterior insulating finishing system stucco using the 3 step process, cast stone, or glass block). e. Variation in the size, shape, and detailing of upper floor windows is permitted. f. Unless otherwise dictated by applicable codes and ordinances, fFor each building frontage on Indian Creek Drive, secondary streets, and private and mews streets, a minimum of 30% and a maximum of 40% of their ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised on windows, storefronts, and/or entrances. Town Council Page 109 of 178 Meeting Date: Monday,March 3, 2014 g. EIFS, traditional, synthetic or modified plaster on concrete tilt-up panel or over sheathing is an acceptable wall surface for wall areas and/or façades on Type ‘B’ Streets only. On Type ‘A’ Drives, EIFS may be used for moldings, trim, and decorative items only. h. Roofs may be flat-roofs sloped for drainage. Parapets shall be 3’-6” minimum higher than the adjacent roof. i. Roof top equipment shall be screened from view from a person standing at any area of the adjoining Circulation Zone of the respective building, and the top of the equipment shall not be higher than the top of the parapet. Town Council Page 110 of 178 Meeting Date: Monday,March 3, 2014 5. Loading and Trash Zones. a. Each Non-Residential building shall have one loading zone 10’-0” x 25’-0” and one dumpster/compactor location 10’-0” x 25’-0”. This requirement does not apply to Urban Residential, parking, or public access open areas. A grouping of structures may be designated by the Owner or developer to allow one dumpster/compactor location to accommodate said grouping of structures. b. The loading and trash zones may be grouped at a single building or may be dispersed on the lot at multiple buildings. Loading and trash may be hand-trucked within the block as required. c. The loading and trash zones shall not be open to view from Highway 114 frontage road, Trophy Club Drive, or Indian Creek. They may open onto Secondary Streets, Private Streets, or Mews Streets, but in all instances the loading and trash zones shall be fully screened with walls finished to match or complement adjacent buildings and gates. d. The loading and trash zones may be located in buildings, structured Town Council Page 111 of 178 Meeting Date: Monday,March 3, 2014 parking garages, and any Serviceways. F. URBAN RESIDENTIAL GUIDELINES: 1. General: a. Urban Residential design provisions are intended to address the physical appearance of buildings within the subject area and establish location relative to street right-of-ways and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and unit densities. b. Visual orientation and entrance location for residential buildings shall comply with the General Requirements for Mixed Use set forth in Section II of this Ordinance. c. Urban Residential Units may not be located on the ground floor of a building except as follows: i. Urban Residential Units may be located on the ground floor of a building facing the creek on the east side of the Property; ii. Urban Residential is permitted on the first floor in Buildings B4, B5 and B7, as shown on the Preliminary Site Plan, provided the first floor is Retail Ready. i.iii. Adult Active Living units may be located on the ground floor of the east side of the Property; other locations shall require a SUP. d. No minimum Open Space per residential unit shall be required. 2. Building Location: a. Building Façades shall have a change in plane of not less than 5’-0” every 200’-0” of Façade. The change in plane shall continue at least 10’-0” before Façade returns to its previous position. b. Balconies projecting from the typical building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” maximum into public right- of-ways and public easements. 3. Building Materials: A minimum of 85% of the front facades of residential buildings and residential building facades along Type ‘A’ street or open space shall be finished in masonry (brick, stone, stucco using the 3 step process exterior insulating finishing system, cast stone, or glass block). Town Council Page 112 of 178 Meeting Date: Monday,March 3, 2014 4. Hotel Residential Standards: a. Maximum number of Hotel Residential Units: 20 b. Minimum floor area of Hotel Residential Units: 800 sf c. Utilities and other similar services may be provided by the hotel use with which the hotel residential use is associated. 5.4. Urban Residential Specific Requirements: a. Urban Residential buildings may front on Indian Creek Drive or on a pedestrian paseo/open space, but shall not front on State Highway 114 or Trophy Club Drive unless located above the first floor of a Mixed-Use building fronting on Trophy Club Drive. b. Urban Residential buildings fronting on Trophy Club Drive shall not have balconies. b.c. Urban Residential minimum floor areas are as follows: i. Efficiency unit –600 sf minimum ii. One bedroom unit – 800 sf minimum iii. Two or more bedroom units – 1,000 sf minimum. for a two (2) bedroom unit, for each additional bedroom unit beyond two (2), add 200 sf per bedroom c.d. Urban Residential maximum lot coverage is 100%. d.e. Urban Residential density: two hundred fifty (250) units; up to an additional 33 urban residential units are permitted on the first floors of Buildings B4, B5, and B7_ provided such additional units are Retail Ready. e. Urban Residential maximum density: three hundred fifty (350) units with Specific Use Permit (SUP) required. The SUP shall have a 45- day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. f. Phasing: Area A and Area B shall be simultaneously constructed; however, a Certificate of Occupancy shall not be issued for a building in Area B prior to commencement of construction in Area A. Commencement of construction shall mean that building permits have been issued, grading and site preparation have commenced and 33.3% Town Council Page 113 of 178 Meeting Date: Monday,March 3, 2014 of the square footage of all pads within Area A have been constructed. [APPLICANT’S ALTERNATIVE] Area A and B shall be simultaneously constructed; provided, however, a Certificate of Occupancy shall not be issued for a building in Area B prior to issuance of Certificates of Occupancy, which may include “shell Certificates of Occupancy”, for 50% of the building area in Area A. i. Urban Residential Units for subsequent phases shall be permitted on a 1:1.5, Urban Residential Units-to- nonresidential floor area ratio, whereby one Urban Residential Unit is equal to 1,000 sf of nonresidential floor area. ii. The ratio of Urban Residential Units-to-nonresidential floor area for the maximum allowable number of Urban Residential Units shall be no more than 1:1 (i.e. the ratio cannot be 1:.8) provided, however, any ratio may be used in the final phase of Urban Residential Units for the allowable 250 units while still maintaining the minimum 1:1 ratio. iii. For illustration purposes only, in Phase 1, the development of 100,000 sf of nonresidential uses would allow the construction of 150 Urban Residential Units. In Phase 2, the development of 150,000 sf of additional nonresidential uses would allow the construction of an additional 100 Urban Residential Units for a combined total of 250 Urban Residential Units in Phases 1 and 2 in the aggregate. In Phase 3, the development of 150,000 sf of additional nonresidential uses would allow the construction of an additional 100 Urban Residential Units for a combined total of 250 Urban Residential Units in Phases 1, 2 and 3 in the aggregate. f.g. For every street frontage, Urban Residential shall be located and designed such that 25% of the façade is located 6’20’-0” from the edge of the sidewalk, public right-of-way or easement and an additional 50% of the Façade is located 12’-0” from the edge of the sidewalk, public right-of-way or easement. 5. Townhome Residential Requirements: a) Townhome Residential General: i. Townhome Residential shall be single family residential units on individually platted lots. Town Council Page 114 of 178 Meeting Date: Monday,March 3, 2014 ii. The lots (and the dwelling unit primary pedestrian entry) must front on a public street, vehicle access drives, pedestrian circulation areas, or public landscaped areas. i.iii. Townhome Residential garages shall be oriented to public streets or vehicle access drives. iv. Accessory buildings shall not be allowed on lots. v. Townhome Residential lots shall be clustered into a maximum of 7 units per cluster separated by pedestrian circulation areas (minimum 15 feet in width) or vehicle access drives (minimum of 35 feet in width - 25 foot drive with 5 foot sidewalks both sides). Clustering must meet all building/fire code requirements. vi. Where Townhome Residential lots are clustered, individual dwelling units shall abut one another, but must contain code compliant fire separation walls as required by the Town building and fire codes, centered on the common lot lines. vii. Each Townhome Residential lot shall be served individually by water, sewer, electric, gas, and other typical utilities. viii. Areas for recreational, open space, and service may be platted into one or more lots. b) Townhome Residential maximum density: the maximum number of Townhome/Townhouse units is 30 units. c) Townhome Residential minimum floor areas are as follows: i. Ground floor – 800 sf minimum inclusive of garage parking and covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit. ii. Second floor – 800 sf minimum. iii. Third floor – not to exceed second floor. iv. Townhome Residential shall not exceed 3 stories. v. Townhome Residential minimum total floor area – 1,400 sf. d) Townhome Residential lot size and lot coverage: i. Minimum lot size per dwelling shall be 1200 sf. ii. Minimum lot width per dwelling shall be 20 feet. iii. Minimum lot depth per dwelling shall be 60 feet. iv. Minimum lot coverage per dwelling shall be 60%. v. Maximum lot coverage shall be 80%. e) Townhome Residential Setbacks: i. Front setback Town Council Page 115 of 178 Meeting Date: Monday,March 3, 2014 1) Front setback shall be 10 feet, dedicated to landscaping, hardscaping, and/or driveways. 2) Decorative building elements, canopies, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project up to 6 feet into this setback. 3) No off-street parking or ancillary buildings will be allowed within this setback. ii. Side setback 1) Where Townhome Residential units abut adjacent Townhome Residential units and a code compliant fire separation wall is provided, there shall be no required side setback. 2) Where Townhome Residential units abut public streets, vehicle access drives, or pedestrian circulation areas, a 10 foot set back shall be required dedicated to landscaping and hardscaping. Decorative building elements may project up to 5 feet into this setback except where limited by building/fire code requirements. 3) No off-street parking or ancillary buildings will be allowed within this setback. iii. Rear setback 1) The minimum rear setback shall be 5 feet. 2) No decorative building elements, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project past the lot line. f) Townhome Residential Design Guidelines: i. A minimum of 85% of the front, side and rear façade of Townhome Residential shall be finished in masonry (brick, stone, stucco using the 3 step process i. , cast stone, or glass block). ii. Exterior insulating finish system (EIFS) can be used at or above the second floor for decorative trim, moldings, etc.. A minimum of 85% of the side façade of Townhome Residential where abutting public streets, vehicle access drives, or pedestrian circulation areas shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block) other than as required by building/fire codes. Town Council Page 116 of 178 Meeting Date: Monday,March 3, 2014 g) Townhome Residential Parking Requirements: i. Each Townhome Residential dwelling unit shall be provided two off-street parking spaces located within an enclosed ground floor garage and/or an abutting driveway. ii. Double garages (side-by-side parking) or single garages (front-to-back stacked parking) are allowed for any dwelling unit. iii. Garages must be sized to accommodate full size vehicles such that parked vehicles do not project past the limits of the garage. iv. Townhome Residential garages shall be oriented to public streets or vehicle access drives. v. Each Townhome Residential unit requires one-half (0.5) guest parking space. The total of guest parking required for clustered Townhome Residential may be accommodated in nearby public street parking or in designated off-street parking areas dispersed throughout the Townhome Residential development. h) Townhome Residential Trash: i. Each dwelling unit shall individually house trash in an area not visible from adjacent units or from public drives and protected from weather and pests. i.ii. Each dwelling unit shall be allowed to place trash containers in a designated area adjacent to the unit’s garage on designated trash collection days. i) A separate property owners association shall be created for the area developed with Townhomes. Town Council Page 117 of 178 Meeting Date: Monday,March 3, 2014 g.h. Structured parking garages may be used for required parking for Urban Residential uses. Town Council Page 118 of 178 Meeting Date: Monday,March 3, 2014 (i)i. Roof top equipment shall be screened from view from a person standing at the sidewalk abutting and the top of the equipment shall not be higher than the top of the parapet. 6.5. Loading & Trash Zones for Residential: a. Loading zones are not required for Urban Residential buildings. b. Either one (1) dumpster location, measuring 10’-0” x 10’-0”, shall be provided for each Urban Residential building or one (1) compactor location shall be provided for each grouping of six (6) Urban Residential buildings. They shall be accessed and located along serviceways or alleys along the backs of the Urban Residential buildings. G. PARKING GUIDELINES: 1. Street Parking: a. Street parking within 300’-0” of a proposed use shall be counted toward satisfying the parking requirements for such use. b. Street parking shall not be assigned or reserved other than as required for accessible parking. c. Street parking may be deleted where the Property Owner is providing a valet drop-off/pick-up lane. d. Parking is permitted between the façade of a building fronting on Indian Creek Drive and the right-of-way for Indian Creek Drive. Formatted: Bullets and Numbering Town Council Page 119 of 178 Meeting Date: Monday,March 3, 2014 2. Surface Parking. Surface parking lots within the development that accommodate 75 or more cars within one contiguous area shall only be permitted with a Special Site Plan (SSP) approval by Town Staff. Applications for an SSP for a Surface Parking lot shall include a phasing plan for development on the site that would be in compliance with the standards in this Ordinance. A Surface Parking lot may be converted into a building site with Site Plan approval at any time. 3. Garaged Parking: a. Garaged parking within 300’-0” of an associated non-residential use shall be counted toward satisfying the parking requirements for that use. Garaged parking is considered to be shared equally by all associated non- residential uses. b. Garaged parking within 300’-0” of an assigned Urban Residential unit shall be counted toward satisfying the parking requirements for that Urban Residential unit. c. Above-ground parking garages may be open parking structures and shall have minimum 3-ft. exterior masonry screening walls on all levels. Structured parking garages with open ground floor frontages shall have minimum 3-ft. high landscape screening on the ground floor. Post tensioning cable design shall be prohibited on exterior facing walls, but may be used on interior walls. Parking garages fronting on the SH 114 frontage road shall not have exposed concrete finishes and shall match the architectural standards of the contiguous buildings. Town Council Page 120 of 178 Meeting Date: Monday,March 3, 2014 d. Below grade parking garages may be used for required parking of Urban Residential buildings. e. Disposition of Parking within Garages: i. Within structured garage parking, individual parking spaces or groups of parking spaces may be reserved, assigned, and designated for the use of specific tenants, for the use of Urban Residential parking, for short term parking, or for employee parking. f. Location of Garages Relative to Streets: i. Structured parking garages may have frontages and vehicular access to all streets. ii. Where structured parking garages have ground floor frontages, decorative building components, low walls, or landscaping approximately 3’-0” high shall be provided as a headlight screen on the ground floor. Solid enclosed walls of structures facing Type “A” streets, shall have exterior masonry walls on the ground floor. All other floors shall have exterior masonry walls, 3’-0” in height for headlight screening. Town Council Page 121 of 178 Meeting Date: Monday,March 3, 2014 iii. Parking spaces shall be allowed at sloped garage floors or decks per the Property Owner’s discretion. iv. The facades of parking garages that are visible from Trophy Club Drive, Indian Creek Drive, or from the east boundary line must be of a similar color as the adjacent building. Screening of internal parking garages is not required. v. The elevated levels of structured parking garages may utilize bridges to provide direct pedestrian circulation from garage levels to Non-Residential and Residential uses as set forth in Exhibits “E” and “F”. Town Council Page 122 of 178 Meeting Date: Monday,March 3, 2014 4. Parking Ratios: a. Parking calculations shall be based on enclosed air-conditioned areas only. Non-Residential use areas included in Supplemental Use Zones, exterior waiting, dining, beverage service, vestibules, public seating in Public Access Open Areas, and structured parking garages shall not be included in parking calculations. b. Required Parking Ratios by Use. i. Retail/Restaurant/Office – 1 parking space per 275 sf of gross floor area ii. Urban Residential – one (1) parking space per efficiency unit and one (1) parking space per bedroom iii. Hotel – 1 parking space per guest room plus 1 parking space per 275 sf of gross meeting/convention floor area iv. All other uses – 1 space per 300 sf of gross floor area. c. Shared parking study: The applicant/property owner may submit a request to the Town Staff for approval of a maximum of 25% reduction of required parking based on an assessment of parking demand by uses proposed at any time. Town Staff will evaluate the proposal based on a parking study of any proposed development, specific demand for the uses proposed, any proposed parking management and/or valet parking. 5. Stacked Parking: Stacked parking is permitted within the Property subject to compliance with the following standards: a. Stacked Parking shall only be permitted in conjunction with a valet parking plan. b. Each parking space in stacked parking shall be at least 8 feet wide by 18 feet long. c. An area reserved for stacking spaces may not double as a Town Council Page 123 of 178 Meeting Date: Monday,March 3, 2014 circulation driveway or maneuvering area. 6. Valet Parking: Valet parking is permitted within the Property. The following standards shall apply: a. A valet parking plan shall be required and submitted to the Town Staff for review and approval. b. A valet parking plan shall require the following information: i. A plan of the proposed pick up/drop off area, ii. The number of spaces required. iii. A plan of the proposed area to be used for parking including where stacked parking is to be used; H. SIGNAGE, CLOCK TOWER AND MISCELLANEOUS: 1) Signage: All signs shall comply with the Town’s sign regulations except as those regulations are modified herein. In addition to signs permitted by the Town’s Zoning Ordinance, the following additional signs and/or revised sign definitions and standards are permissible: (a) General: for purposes of signage, the entire Property is considered one lot. (b) Monument signs i Monument signs, for the sole purpose of identifying the development only (not tenants) (see picture to the left below) may be located anywhere on the private property side of property lines without setback restrictions, except for vehicular vision triangles as set forth by the Town of Trophy Club’s Ordinances. ii Monument signs may be lighted internally or externally and shall comply with all applicable Town ordinances. iii Maximum number of monument signs: 5. iv Maximum height of monument signs along Trophy Club Drive and Indian Creek Drive: 10’ with a Maximum effective area of 200 square feet per side. Town Council Page 124 of 178 Meeting Date: Monday,March 3, 2014 (c) Freestanding development identification signs (as shown in the picture to the right above) – by Specific Use Permit (SUP) i. Number of signs, location, size, and lighting shall be determined by the SUP. (d) Direction Signs i. Direction signs are to direct the public to various locations within the development such as (but not limited to) retail, office, Urban Residential, hotel, parking lots and structured parking garages. ii. Direction signs may be freestanding, post mounted, wall mounted, projecting or flat mounted. iii. Where mounted to a vertical support the directional sign size shall not exceed 50 sf and not exceed 5’-0” in width. Town Council Page 125 of 178 Meeting Date: Monday,March 3, 2014 (e) Banners i. Banners may be mounted to a vertical support, building, structured parking garage, street light pole, or may span an internal street of the PD property. ii. Banners may display artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. iii. Maximum area: 50 square feet per side. iv. Banner design is at the sole discretion of the Property Owner. Town Council Page 126 of 178 Meeting Date: Monday,March 3, 2014 (f) Directory Map i. Directory maps shall identify the location of streets, tenants, amenities, service, and features within the development. ii. The directory map may be freestanding, post mounted, wall mounted, kiosk mounted, projecting or flat mounted. iii. The directory map shall not exceed 50 sf in size. (g) Architectural Roof Signs i. An architectural sign is a sign which may extend above or on top of the roof top or highest point of a building roof line. ii. Architectural Roof Signs are prohibited on frontages along Trophy Club Drive and Indian Creek Drive. iii. Architectural roof signs shall not exceed 150 sf, or exceed 9’-0” in height. They shall be limited to two per building/roof. Town Council Page 127 of 178 Meeting Date: Monday,March 3, 2014 (h) Signage at Sloped Roofs i. Tenant signage may be allowed at sloped roofs and/or parapets to meet signage requirements of the Tenant based upon the building Façade design. ii. Signage shall be installed at the lower leading edge of a sloping roof, canopy, or parapet and not extending above the top edge of the sloping roof material. iii. Roof signage shall not exceed one-third of the height of the sloping roof as seen in true elevation. (i) Projecting Blade and Hanging Signs i. Projecting blade and hanging signs shall be allowed within the limits of the development for the use by Tenants and Property Owner. Town Council Page 128 of 178 Meeting Date: Monday,March 3, 2014 ii. Projecting blade and hanging signs may project a maximum of 6’- 0” into the public right-of-way or public easement, into any Supplemental Zone, or from the face of any building. Projecting blade signs and hanging signs are to be mounted such that their lowest edge is at least 8’-0” above the typical finished sidewalk, or the minimum height to meet ADA regulation. iii. Projecting blade and hanging signs shall not exceed 50 sf. (j) Murals i. Murals are permitted upon approval of Town Staff. ii. Murals may be painted or attached to the exterior building walls of any structure. iii. Murals may incorporate artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events by means easily understood by a general audience. Town Council Page 129 of 178 Meeting Date: Monday,March 3, 2014 (k) Wall Signs i. Only one sign and one logo shall be permitted per tenant per street (public and private) frontage. ii. The smallest rectangle encompassing all the letters may not exceed 30 inches in height, nor 40 feet in length nor 75% of the length of the frontage of the demised premises. iii. Businesses located on a corner may be permitted one sign on each frontage. iv. Signage shall be located on the wall surface above the storefront windows and above the storefront awnings or canopies. Town Council Page 130 of 178 Meeting Date: Monday,March 3, 2014 v. Logos or Business marks, measured separately, may not exceed 30 SF, and may be located on the façade wall or on the business awning over the primary entry. (l) Sign Kiosks i. Freestanding kiosk structures, permanent or temporary, may be placed within public right-of-ways and/or public easements, with the exception of vehicle vision triangles. Town Council Page 131 of 178 Meeting Date: Monday,March 3, 2014 ii. Kiosks are limited in height to 15’-0”. iii. The total allowed signage for each kiosk in public right-of-ways and/or public easements is 40 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 80 sf. iv. The total allowed signage for each kiosk within the lot limits is 60 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 120 sf. v. Kiosks may incorporate directional signage, directory maps, public service announcements, artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. vi. Kiosks may incorporate lighting and ambient audio. vii. Kiosks installed within the lot limits are not limited in number and may display commercial content. 2) Seasonal decorations. Seasonal decorations are permitted within the Property and may be attached to building elevations. Decorative tree lighting is allowed year round. 3) Existing Clock Tower. The existing clock tower, as shown on the Concept Plan, shall remain in its current location within the Property. A new Clock Tower, of similar size and scale of the existing Clock Tower, shall be allowed to replace the existing Clock Tower. 4) Vendor Kiosks. Vendor kiosks are permitted on the Property subject to the following requirements: a. Vender kiosks are intended for pedestrian (“walk-up”) customers only. b. During hours of operation, merchandise display and customer waiting may extend beyond the kiosk enclosure. c. Kiosks are to be located in or immediately adjacent to pedestrian areas with the express intent of providing inviting and convenient casual shopping and service opportunities suitable for an active pedestrian urban environment. d. Merchandise display and patron waiting areas may be covered by awnings or canopies. Merchandise display and customer waiting area may extend beyond the kiosk enclosure in all directions (this area is to be vacated during non- operating hours). Town Council Page 132 of 178 Meeting Date: Monday,March 3, 2014 e. During non-business hours the kiosk and all merchandise is to be fully secured. f. Food preparation and sales must meet applicable health ordinances. g. Deliveries to kiosks are to be made during designated times coordinated by the Town Manager’s Designee. h. Kiosk may not exceed 15 feet in height exclusive of architectural and decorative features. i. Kiosks may not exceed 400 sq. ft in floor area. j. Awnings or canopies, fixed or retractable, may extend in all directions beyond the kiosk enclosure itself with specific extent to be determined on a case-by- case basis by the Development Management. k. Kiosk construction must meet all applicable municipal building and life safety codes and shall be secure after business hours. l. Kiosks may have electrical, gas, water, cable TV/data, and/or telephone service. All utility services are to be routed underground (no overhead wiring/cabling is allowed). m. Permanent signage pertinent to the primary business of the kiosk tenant may be mounted on the kiosk itself. 5) Environmental standards. Development and uses within the Property shall comply with all Town environmental standards including, but not limited to glare, noise, vibration, and odors. 6) Utility Placement and Routing: (a) Utility Services shall be defined as electrical service and distribution, telecommunications, data and cabling, electrical service for street lighting, signal cabling and wiring, proprietary cabling, natural gas service, water, sanitary sewer & storm sewer. (b) Overhead utility lines are prohibited within the limits of the development. (c) All utility lines within the limits of the development shall be placed underground from the provider connection into each serviced building and in general conformance with the location set forth in Exhibit “G”. (d) Major provider electrical distribution, natural gas distribution, and water utilities shall be routed below drive paving within public right-of-ways and/or public easements. Town Council Page 133 of 178 Meeting Date: Monday,March 3, 2014 (e) Private utilities shall be routed through Serviceways and similar Circulation Zones and physical building separations internal to each block. Individual taps, meters, disconnects, and distribution should be located in these same areas, grouped in a purposeful and planned manner, easily accessed for reading and service, but visually screened into alcoves, fenced enclosures, or similar areas. (I) LIGHTING. 1) Exterior lighting shall be architecturally integrated with the building’s style, material, and color. 2) Lighting intensities shall be controlled to ensure that excessive light spillage and glare are not directed toward neighboring areas and motorists. 3) Pedestrian level lighting of building entrance-ways shall be provided. 4) Illuminations of portions of buildings, direct or indirect, may be used for safety or aesthetic results. 5) Lighting shall not exceed zero foot candles at property line III. PROCEDURES: A) Summary of the Process: 1) PD Standards. Development of the Property shall comply with the standards set forth in this Ordinance and with all other Town regulations not otherwise in conflict with these planned development regulations. 2) Concept Plan. Development of the Property shall generally comply with the Concept Plan attached hereto, including all modifications as authorized and approved by this Ordinance. Town Council Page 134 of 178 Meeting Date: Monday,March 3, 2014 3) Preliminary Site Plan. Development of the Property shall generally comply with the Preliminary Site Plan attached as Exhibit “I” The Preliminary Site Plan is subject to change with staff approval after design charette process. Town Staff shall approve a modified Preliminary Site Plan if it complies with the standards set forth in the planned development district. 4) Site Plan and Façade Plans. Applicant shall submit a Site Plan and Façade plans for each phase of development to Town Staff for approval. Development of the Property shall comply with the Site Plan and Façade plans approved by the Staff as set forth herein. 5) Phasing. Each phase of development shall comply with steps 3 and 4 of this Section III. A. B) Concept Plan. a) Information to be provided on the Concept Plan shall comply with the standards set forth in this Ordinance and all other applicable Town Ordinances and shall include: i. the general location for proposed land uses; ii. delineation of all undeveloped open areas except for required yards, landscaped areas, areas unobstructed to the sky, and open recreation facilities such as tennis courts and swimming pools; iii. indication of maximum heights for all structures in feet and stories; iv. location of all proposed screening between the site and adjacent property; v. location of minimum building setbacks along the site boundaries, on dedicated streets; vi. approximate location of major access points and rights-of-way to be dedicated to the Town; and vii. indication of each phase of development if separate phases are proposed. b) There shall be no expiration date for an approved Concept Plan. C) Modified Preliminary Site Plan. 1) A request for a modified Preliminary Site Plan shall be submitted and may be approved by Town Staff as set forth herein. 2) Modified Preliminary Site Plans shall contain the following information: (a) Delineation of the Property; (b) Proposed public rights-of-way; Town Council Page 135 of 178 Meeting Date: Monday,March 3, 2014 (c) Proposed uses; (d) General building footprints, and locations of vehicle and pedestrian ingress and egress; (e) Total number of dwelling units proposed; (f) General location of parking; (g) General location of parks and open space with the general locations of existing tree clusters; and, 3) Process: (a) The Applicant shall submit the Modified Preliminary Site Plan and general façade standards to the Town Staff. (b) The Town Staff shall review the documents. If Town Staff determines that the Modified Preliminary Site Plan complies with the Concept Plan and the provisions of this planned development district, Town Staff shall approve the Modified Preliminary Site Plan. If the Modified Preliminary Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (c) Town Staff shall return one copy of the Modified Preliminary Site Plan to the Applicant with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Modified Preliminary Site Plan or repeat the notice of noncompliance set forth above. (e) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Modified Preliminary Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Modified Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district. The Town Council shall review the Modified Preliminary Site Plan and the recommendation of the Commission, and upon making a determination that the Modified Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district Town Council shall approve the Modified Preliminary Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized by this subsection. (f) There shall be no expiration date for an approved Modified Preliminary Site Plan. Town Council Page 136 of 178 Meeting Date: Monday,March 3, 2014 D) Site Plan: 1) Prior to the issuance of a building permit application for a building to be constructed on the Property, a Site Plan shall be approved as set forth herein. 2) Site Plans shall contain the following information: (a) Metes and Bounds of Site Plan area; (b) Proposed Lot lines; (c) Proposed Public Rights-of-way with curbing, sidewalk, street tree locations and parking space indicated. The drawing shall also show the location of existing or proposed traffic signals, location of existing or proposed median cuts, acceleration/deceleration lanes, and turn lanes with traffic control signage and a description of special paver treatment if proposed. (d) Proposed uses. (e) Building footprints, gross area in square feet per floor and cumulative area of all floors, number of floors above and below grade, and proposed uses for each floor, and all locations of vehicle and pedestrian ingress and egress to all proposed blocks and buildings and parking areas. (f) Total number of dwelling units proposed and the square footage of each of the proposed dwelling units. (g) Parking: On-street parking shown with parking counts, surface parking shown with parking counts, garage parking shown with parking counts. Parking Counts shall be shown by block and in total and the parking demand shall be shown by block and in total. For purposes of calculating parking, the entire property shall be considered one lot. (h) Parks, Open Space and trails shall be shown with calculation of areas to confirm compliance with these regulations. Landscape plans are not required, but the Site Plan shall show the approximate number of proposed trees to be planted and general locations of existing tree clusters, providing average size and number and indication of species. (i) Proposed and existing grading in 1’0” contour lines. (j) Dumpster locations and proposed screening devices. (k) Location, size and lighting of Project Identification Sign(s), Monument Sign(s), Kiosks in public ROW’s, or other major feature readily visible from viewpoints off-site. 3) Process: (a) The Applicant shall submit the required number of copies of the Site Plan to the Town Staff. Town Council Page 137 of 178 Meeting Date: Monday,March 3, 2014 (b) Town Staff shall review the documents to determine if they comply with the Concept Plan, Preliminary Site Plan and the provisions of this planned development district. If Town Staff determines that the Site Plan complies with the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Staff shall approve the Site Plan. If Town Staff determines that the Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (c) Town Staff shall return one copy of the Site Plan to the Applicant with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Site Plan or repeat the notice of noncompliance set forth above. (e) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Site Plan conforms to the Concept Plan, Preliminary Site Plan, and the provisions of this planned development district. The Town Council shall review the Site Plan and the recommendation of the Commission, and upon making a determination that the Site Plan conforms to the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Council shall approve the Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized in this subsection. (f) There shall be no expiration date for an approved Modified Preliminary Site Plan. E) Facade Elevations: 1) Development of the Property shall comply with Façade Elevations which substantially comply with the standards set forth herein and with all other Town regulations not otherwise in conflict with these planned development regulations. Façade Elevations are required to be submitted by an owner, developer or subdivider and reviewed and approved by the Town Staff prior to the issuance of a building permit. Façade Elevations may be submitted individually for separate buildings rather than for all structures to be constructed on the Property. 2) Submittal requirements for Façade Elevations shall include: (a) Data block including project name, legal description (Town, county, state, survey and abstract, subdivision, lot and block, existing and proposed zoning, overlay districts), gross acreage, drawing title, drawing Town Council Page 138 of 178 Meeting Date: Monday,March 3, 2014 scale, preparation/revision and submission dates, contact information (name, address, phone, and email) of the property owner, architect, engineer, surveyor, and landscape architect. (b) Elevations of every side of every building shown on the Site Plan, drawn at a scale sufficient to depict building detail. Small scale drawings may be supplemented with large scale portions of the building façade. (c) Location plan keying the drawings of the elevations to their location within the site plan and the extent of the proposed façade on each building. (d) Identification and tabulation of ground floor areas relative to residential or non-residential uses. (e) Identification and area tabulation of material finishes, including areas of glass, masonry, and EIFS. Tabulation does not include sloping roof surfaces. (f) Windows, window and door jamb, sill and head dimensions, balconies, balcony rail details, finishes, and parapets. (g) Roof in elevation or plan, as appropriate, with slopes and material identifications. (h) Identification and dimension of floor levels. (i) Vertical property lines through buildings where applicable. 3) Process: (a) The Façade Elevation submittal shall be reviewed by Town Staff for compliance to design requirements cited in this Ordinance. (b) Town Staff shall review the submittal and respond whether the Facade Elevations meet the standards set forth by this Ordinance or shall specify the deficiencies. Should Town Staff determine that the submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Elevations, the submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Designer. Once the Facade Elevations has been reviewed and approved, then the Applicant may apply for a building permit. (c) Should Town Staff identify items that are not compliant, one copy of the Façade Elevations shall be returned to the Property Owner with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing codes or Ordinances. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Town Council Page 139 of 178 Meeting Date: Monday,March 3, 2014 Elevations, the re-submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Applicant’s Designer. (e) The Applicant may appeal any decision of Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the Facade Elevations conform to the Site Plan and the provisions of this planned development district. The Town Council shall review the Façade Elevations and the recommendation of the Commission, and upon making a determination that, the Facade Elevations conform to the Site Plan and the provisions of this planned development district, the Council shall approve the Façade Elevations. (f) Once the Site Plan and Facade Elevations have been approved, Construction Documents and Specifications may be reviewed for building permit in accordance with the Town's Building Code. (g) There shall be no expiration date for an approved Facade Elevation, other than the specified expiration periods that apply to all Preliminary Plats and Final Plats. F) Process for Minor Modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Facade Elevations: 1) Minor modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Façade Elevations including, but not limited to components, colors, locations, extent, number, size, area, and detailing, may be approved administratively by Town Staff, provided, however that Town Staff may not approve any one or more of the following : (a) A requested land use that is not expressly allowed under this planned development district; (b) A proposed modification that increases maximum densities permitted under this planned development; (c) A proposed modification that increases maximum heights permitted under this planned development; and/or, (d) A proposed modification that changes required parking count except as otherwise specifically provided for in this ordinance. 2) Changes to accommodate the requirements of a Tenant may be considered a minor modification provided the changes comply with this Ordinance and all applicable codes and Ordinances. 3) Minor modifications as described above shall be incorporated into the construction documents prepared for building permits, and considered to comply with the approved Site Plan and Facade Elevations reviews and approvals. Town Council Page 140 of 178 Meeting Date: Monday,March 3, 2014 4) The Applicant may appeal any decision of the Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the proposed modification satisfies the standards set forth in this ordinance. The Town Council shall approve the proposed modification if the Council determines that the modification satisfies the standards set forth in this ordinance. Town Council Page 141 of 178 Meeting Date: Monday,March 3, 2014 Town Council Page 142 of 178 Meeting Date: Monday,March 3, 2014 Town Council Page 143 of 178 Meeting Date: Monday,March 3, 2014 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Star-Telegram/Classifieds Dept. DATE: February 7, 2014 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ February 10, 2014 SUBJECT: PD Amendment TOWN OF TROPHY CLUB PUBLIC HEARINGS 100 Municipal Drive 7:00 p.m. PD-30 AMENDMENTS PLANNING & ZONING COMMISSION Thursday, February 20, 2014 TOWN COUNCIL Monday, March 3, 2014 A Public Hearing will be held on the above dates and times to consider a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Drive and State Highway 114. Town Council Page 144 of 178 Meeting Date: Monday,March 3, 2014 PUBLIC HEARING RESCHEDULED TOWN OF TROPHY CLUB 100 Municipal Drive PD AMENDMENT REQUEST FOR PD-30 (PLANNED DEVELOPMENT NO. 30) PLANNING & ZONING COMMISSION Will hold a Public Hearing on this matter on Thursday, February 6, 2014 February 20, 2014 TOWN COUNCIL Will hold a Public Hearing on this matter on Monday, February 17, 2014 March 3, 2014 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive, Trophy Club, Texas 76262 A Public Hearing will be held on the above dates and times to consider a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Drive and State Highway 114. To Surrounding Land Owners: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this property receive written notification of this request. All interested property owners are encouraged to attend this hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club, Attn: Carolyn Huggins, Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262; or by email: chuggins@trophyclub.org; telephone: 682-831-4681 Town Council Page 145 of 178 Meeting Date: Monday,March 3, 2014 To w n Co u n c i l Pa g e 14 6 of 17 8 Me e t i n g Da t e : Mo n d a y , M a r c h 3, 20 1 4 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-06 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2012-04 P&Z KNOWN AS PD PLANNED DEVELOPMENT NO. 30, AND ALSO KNOWN AS THE SHOPS AT TROPHY CLUB, DESCRIBED ON EXHIBIT “A” HERETO, THE SAME HAVING AMENDED ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE PROVIDING VARIOUS AMENDMENTS TO EXHIBIT “B” OF ORDINANCE 2012-04, ENTITLED “PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS”, WITH AMENDMENTS AND ADDITIONS TO SECTION I, ENTITLED “GENERAL” AND SECTION II, ENTITLED “DEVELOPMENT STANDARDS” AS MORE SPECIFICALLY SET FORTH IN EXHIBIT “B”, ATTACHED HERETO AND INCORPORATED HEREIN AN D AMENDING ORDINANCE NO. 2000-06, THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS; PROVIDING A ZONING MAP AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 2012-04 P&Z creating PD Planned Development No. 30, known as The Shops at Trophy Club, an approximate 26.354 acre tract of land located generally at State Highway 114 and Trophy Club Drive and being more particularly described in Exhibit “A”, a copy of which is attached hereto and incorporated herein (hereinafter “PD-30”); and WHEREAS, Exhibit “B”, entitled “Planned Development District Development Standards” to Ordinance No. 2012-04 P&Z sets forth definitions, development standards, procedures and exhibits, each of which collectively and individually regulate the use and development of land within PD-30; and WHEREAS, subsequent to the adoption of Ordinance No. 2012-04 P&Z, Developer determined it necessary to request various amendments to Exhibit “B” to Town Council Page 147 of 178 Meeting Date: Monday,March 3, 2014 Ordinance No. 2012-04 entitled “Planned Development District Development Standards” (hereinafter Exhibit “B”); WHEREAS, the requested amendments to Exhibit “B” are specifically set forth in the amended Exhibit “B”, a copy of which is attached hereto and incorporated herein; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend Exhibit “B” to PD No. 30 came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Exhibit “B” to Ordinance No. 2012-04 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendments and considered, among other things, the impact of the proposed amendments on density, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and the Council does hereby find that the adoption of the amendments to Exhibit “B” as set forth in this Ordinance hereby accomplish such objectives; and WHEREAS, the Town Council has determined that the proposed standards provide appropriate regulatory requirements to control future residential and non- residential developments in accordance with the Town’s Comprehensive Land Use Plan; and WHEREAS, the Town Council has determined that there is a necessity for the amendments to Ordinance No. 2012-04 P&Z, and the Town Council has also determined that this Ordinance should be adopted, that the proposed changes amending Exhibit “B” are consistent with the Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those terms contained in Exhibit “B” to Ordinance No. 2012-04 P&Z in their entirety as specifically set forth herein and that all terms of Ordinance No. 2012-04 P&Z not expressly amended hereby shall continue in full force and effect; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Town Council Page 148 of 178 Meeting Date: Monday,March 3, 2014 SECTION 2. AMENDMENTS 2.01 After due deliberations and consideration of the recommendation of approval made by the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance and amendment is consistent with the Comprehensive Land Use Plan and general zoning of the Town and is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. Therefore, Ordinance No. 2012-04, the same being PD No. 30 is hereby amended in accordance with this Ordinance and as more particularly set forth in Exhibit “B”, a copy of which is attached hereto and incorporated herein. A. The following Sections of Exhibit “B” entitled “Planned Development District Development Standards” are specifically amended: • Section I, “GENERAL CONDITIONS FOR MUD–USE ZONING” • Subsection “D” DEFINITIONS: • Delete “Hotel Residential” definition • Add “Retail-ready” definition • Add “Townhouse/Townhome” definition • Section II, “DEVELOPMENT STANDARDS” • Subsection “A”, “PERMITTED USES”: • Section 1, “RESIDENTIAL” – Delete “Hotel Residential” • Section 1, “RESIDENTIAL” – Add “Townhouse/Townhome” • Section 4, “COMMUNITY FACILITIES” – Delete Municipal Admin, Public Service Facilities • Section 4, “COMMUNITY FACILITIES” – Delete “Public Safety Facilities” • Subsection “B”, “SITE DEVELOPMENT”: • Section 3, “Setbacks”, “c(iv)” “Maximum height” and “Maximum Height Table – amended to add “Retail-Ready”, “Townhouses/Townhomes” and related regulations • Subsection “D” “DESIGN STANDARDS” • Section 1, “Mixed Use”, (a)”General”, sections (ii) and (iv) amended • Section 3, “Uses Allowed on Specific Frontages”, Sections (a)(i) and (a)(ii) amended • Subsection “E”, “NON-RESIDENTIAL/MIXED USE BUILDING DESIGN GUIDELINES” • Section 3, “Building Locations”, Section (e) amended • Section 4, “Specific Building Requirements”, Sections 4(b), 4(c), Town Council Page 149 of 178 Meeting Date: Monday,March 3, 2014 4(d), and 4(f) amended • Subsection “F”, “URBAN RESIDENTIAL GUIDELINES” • Section 1, “General”, subsection (1)(c) amended • Section 3, “Building Materials” amended • Section 4, “Hotel Residential Standards” – deleted • Section 4, “Urban Residential Specific Requirements” - Sections 4 (a), 4 (b), 4 (e) and 4 (f) amended • Section 5, “Townhome Residential Requirements” – Sections 5(a) - 5 (k) added and amended • Subsection “G”, PARKING GUIDELINES” • Section 3, “Garaged Parking”, subsection (c) amended 2.02 Amendment to CZO – Exhibit “B” Development Standards: Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended to reflect the development standards set forth in Exhibit “B” and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: The development standards for this PD Planned Development are attached hereto as Exhibit “B”, “Planned Development District Development Standards”, and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, General Conditions, Development Standards, Procedures, and Exhibits. Such Planned Development District Development Standards as amended hereby shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any building permit or Certificate of Occupancy for all structures and Land within PD Planned Development No. 30. SECTION 4. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 5. ZONING MAP AMENDMENT The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. Town Council Page 150 of 178 Meeting Date: Monday,March 3, 2014 SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day or part of a day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code and Town Charter. Town Council Page 151 of 178 Meeting Date: Monday,March 3, 2014 SECTION 11. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the home rule charter and procedures of the Town. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this 3rd day of March, 2014. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 152 of 178 Meeting Date: Monday,March 3, 2014 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND (26.354 ACRE TRACT -PD NO. 30) Town Council Page 153 of 178 Meeting Date: Monday,March 3, 2014 T o w n C o u n c i l P a g e 1 5 4 o f 1 7 8 M e e t i n g D a t e : M o n d a y , M a r c h 3 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 5 o f 1 7 8 M e e t i n g D a t e : M o n d a y , M a r c h 3 , 2 0 1 4 EXHIBIT “B” PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (PD NO. 30) AMENDMENT TO ORDINANCE NO. 2012-04 Town Council Page 156 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-955-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013-2014 Budget of the Town (Budget Amendment No. 1) making a transfer of appropriations in accordance with the Town Charter in order to fund software, equipment, and equipment maintenance purchases; and providing for an effective date. (Item previously outlined at the February 3, 2014 and February 17, 2014 Town Council meetings.) Attachments:Staff Report -Budget Amendment.pdf ORD 2014-05 Budget Amendment No 1.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013-2014Budget of the Town (Budget Amendment No. 1) making a transfer of appropriations in accordance with the Town Charter in order to fund software, equipment, and equipment maintenance purchases; and providing for an effective date. (Item previously outlined at the February 3, 2014 and February 17, 2014 Town Council meetings.) Town Council Page 157 of 178 Meeting Date: Monday,March 3, 2014 Town of Trophy Club To: Mayor and Town Council From: Steven Glickman, Finance Director CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Budget Amendment to fund supplemental equipment and software Town Council Meeting, Monday, March 3, 2014 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013- 2014 Budget of the Town (Budget Amendment No. 1) making a transfer of appropriations in accordance with the Town Charter in order to fund software, equipment, and equipment maintenance purchases; and providing for an effective date. (Item previously outlined at the February 3, 2014 and February 17, 2014 Town Council meetings.) Explanation: At the February 3, 2014 Town Council meeting Town staff made Council aware of issues regarding current pool pump and filter equipment and the need for replacement along with the need for splash pad painting at the pool. Additionally, Town staff brought to Council’s attention various software upgrades needed for Court/Police and Permitting/Code Enforcement. At the February 17, 2014 Town Council meeting Town staff presented a funding plan for the supplemental equipment and software presented at the previous Town Council meeting. This budget amendment funds these supplemental needs without liquidating General Fund reserves. Attachments: Ordinance 2014-05 Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Town Council Page 158 of 178 Meeting Date: Monday,March 3, 2014 Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of Ordinance 2014–05 providing for an amendment to appropriate funds needed for supplemental equipment and software. Town Council Page 159 of 178 Meeting Date: Monday,March 3, 2014 TOWN OF TROPHY CLUB ORDINANCE NO. 2014-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2013-2014 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO. 1 MAKING A TRANSFER OF APPROPRIATIONS IN ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2013-2014 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council appropriated funds for capital projects and equipment replacement; and WHEREAS, the equipment and software needs of the Town have changed due to equipment malfunctions, anticipated equipment failure, and obsolete software; and WHEREAS, this amendment appropriates $67,000 in the Capital Projects Fund and $18,000 in the General Fund for the purchase and installation of pump and filter equipment at the Town pool which appropriation is partially funded by budget reductions related to General Fund salary savings in the amount of $8,000 in the Manager’s Office, $6,000 in Human Resources, and $4,000 in the Streets Department; and WHEREAS, this amendment reapportions salary savings of $21,825 in the Planning and Zoning Department and Developer’s Fees of $36,000, net of increased engineering costs of $16,000, in the General Fund for the purchase of permitting and code enforcement software; and WHEREAS, this amendment reapportions $45,000 in the General Fund originally budgeted as a transfer to equipment replacement to fund spray pad repainting at the Town pool; and WHEREAS, this amendment reapportions in the General Fund $3,000 from salary savings in the Finance Department for the purchase of animal control software; and WHEREAS, this amendment appropriates in the Court Technology Fund $13,440 for the purchase of software to eliminate hand written citations and interface directly with the municipal court; and Town Council Page 160 of 178 Meeting Date: Monday,March 3, 2014 WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend specific line items due to the costs associated with the supplemental equipment and software expenditures; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “A”, will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2013-2014 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2013-2014 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2013 effective date of the Town’s Fiscal Year 2013-2014 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2013-2014 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Town Council Page 161 of 178 Meeting Date: Monday,March 3, 2014 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3rd day of March, 2014. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _________________________________________ Tammy Ard, Town Secretary Town of Trophy Club, Texas _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 162 of 178 Meeting Date: Monday,March 3, 2014 Exhibit “A” Town of Trophy Club Budget Amendment No. 1 The Fiscal Year 2013-2014 General Fund Expenditure Budget is amended to reflect the following appropriations to pay costs associated with supplemental equipment and repairs and software needs during the current fiscal year. Current Budget Amendment Amended Budget General Fund Manager’s Office – Salaries $511,872 ($8,000) $503,872 HR – Salaries $50,000 ($6,000) $44,000 Streets – Salaries $174,527 ($4,000) $170,527 Finance – Salaries $207,457 ($3,000) $204,457 P & Z – Salaries $131,751 ($21,825) $109,926 P & Z – Engineering $45,000 $16,000 $61,000 Developer’s Fees ($50,000) ($36,000) ($86,000) Software & Support $93,215 $3,000 $96,215 Transfer to Equip. Rep. $216,209 ($45,000) $171,209 Property Maintenance $102,900 $45,000 $147,900 Capital Outlay – Software $0 $41,825 $41,825 Capital Outlay – Pool Equip $0 $18,000 $18,000 Court Technology Fund Capital Outlay - Software $0 $13,440 $13,440 Capital Projects Fund Pool Equipment $0 $67,000 $67,000 Town Council Page 163 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-868-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Attachments:Staff Report - TC 030314 - Beck Elementary Site Plan.pdf TNP - Town Engineer Approval.pdf Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/20/2014 1 Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Town Council Page 164 of 178 Meeting Date: Monday,March 3, 2014 SUBJECT: Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, located in the Northwest Independent School District (NISD), East Campus Addition. Applicant: Rob Morse, RLK Engineering, on behalf of Northwest ISD APPLICANT: Rob Morse RLK Engineering 111 W. Main Street Allen, TX 75013 OWNER: Northwest Independent School District (NISD) 2100 Texas Dr. Justin, TX 76246 LOCATION: Beck Elementary School 401 Parkview Drive Trophy Club, TX 76262 ZONING: “CR” Commercial Recreation LOCATION: This property consists of approximately 8.64 acres of land and is located on the west side of Parkview Drive and is platted as the Northwest Independent School District “East Campus Addition” and is zoned “CR” Commercial Recreational District. To the south and east (across Parkview Drive) are residential zoning - PD-15 The “Lakes”. To the north is Town owned park property – Independence Park West. To the west is residential in the City of Roanoke – Beck Elementary school is on the western boundary of the Town of Trophy Club. TOWN COUNCIL STAFF REPORT March 3, 2014 Samuel Beck Elementary School Site Plan Approval SP-14-026 Town Council Page 165 of 178 Meeting Date: Monday,March 3, 2014 REVIEW: NISD is proposing to add 7,374 sq. ft. to its existing Samuel Beck Elementary school and additional sidewalks along the front and back of the site. Twelve trees (48 caliper inches) will be added to the site. Site Plan: Currently, the buildings on the site consist of 79,999 square feet. The proposed addition of 7,374 square foot will bring the total square footage of buildings to 87,373 sq. ft. The expansion will include constructing a new kitchen, expanding the dining area, adding a new art room, and adding two music rooms to the school. The Site Plan has been reviewed and meets the requirements of the Town’s provisions. Landscape Plan: The Town’s requirement for Non-Vehicular Open Space is 15%. The Landscape Plan indicates the District is devoting 35% of the site to Non-Vehicular Open Space. A tree survey has been provided. Nine trees are being removed from the site. Of those, 4 trees, or 30 caliper inches, are protected and must be mitigated at 1.5” for each caliper inch removed; therefore, 45 caliper inches of trees are required to fulfill mitigation. The applicant is planning to plant twelve 4-inch caliper trees for a total of 48 caliper inches, which meets mitigation requirements. Per the Town’s landscape regulations, a total of 49 trees are required on the site, of which 25 (50%) shall be in the front yard. With the addition of 12 trees, the site will have a total of 111 trees, of which 42 are in the front yard. The applicant is exceeding both the required number of trees on the site as well as the required non-vehicular open space requirements. Building Elevations: The Elevations have been reviewed and the new exterior will match the current façade. – “all brick accent bands and masonry are to match existing” – which meets the requirements of the Town’s masonry provisions. The building heights are provided and meet the Town ordinances. Parking: No changes. Photometrics Plan/Signage: No lighting is being removed or added. No signs or exterior lighting is being changed; therefore, no photometrics plan or signage plan is required. Sheet AS002/Site Details: A new dumpster pad will be poured. The dumpsters will be located in the southeast corner of the site and shall provide masonry screening walls and be gated as required by Town ordinance. SUMMARY: Staff and the Town Engineer have reviewed the Beck Elementary School Site Plan and find that it meets the Town’s ordinances. A memo of Town Council Page 166 of 178 Meeting Date: Monday,March 3, 2014 approval from the Town Engineer for the engineering plans for this project is included in this packet. Staff recommends approval. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on February 20, 2014. Commissioner Allen made a motion recommending approval of the Site Plan for Beck Elementary School. The motion was seconded by Commissioner Sheridan. The vote was unanimous, 7-0. ch Attachments: Town Engineer Memo Application Site Plan – Hardcopy (24”x36”) – 11 pages Sheet C1 – Site Plan Sheet LP 1.01 – 1.03 Landscape Plan & Tree Survey Sheet LP 5.01 – Landscape Details Sheet LI 1.01 – 1.03 Irrigation Plan & Design Sheet LI 5.01 – Irrigation Details Sheet A201 – Exterior Elevations Sheet AS002 – Site Details - Dumpster Town Council Page 167 of 178 Meeting Date: Monday,March 3, 2014 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: January 29, 2014 RE: Additions to Beck Elementary School – Civil Construction Plans – Final Review Plan comments have been addressed. The site plan package is ready to proceed to P&Z and Council. Town Council Page 168 of 178 Meeting Date: Monday,March 3, 2014 T o w n C o u n c i l P a g e 1 6 9 o f 1 7 8 M e e t i n g D a t e : M o n d a y , M a r c h 3 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-871-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/21/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town Council amending Ordinance No. 2012-04 P&Z, PD Planned Development No. 30, known as The Shops at Trophy Club, amending the Town's Comprehensive Zoning Ordinance and Zoning Map, amending Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B"; providing a penalty for violations; and providing an effective date. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission2/20/2014 1 Consider and take appropriate action regarding an Ordinance of the Town Council amending Ordinance No. 2012-04 P&Z, PD Planned Development No. 30, known as The Shops at Trophy Club, amending the Town's Comprehensive Zoning Ordinance and Zoning Map, amending Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B"; providing a penalty for violations; and providing an effective date. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Town Council Page 170 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-956-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Town Council Liaison Updates; discussion of same Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same Town Council Page 171 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-957-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Town Manager Slye's update regarding the following; discussion of same. * Election Update * Business Meet and Greet * Dino Toddler Playground * Tom Thumb Fuel Station Update * New Facility Update Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion of same. * Election Update * Business Meet and Greet * Dino Toddler Playground * Tom Thumb Fuel Station Update * New Facility Update Town Council Page 172 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-958-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Byron Nelson High School Talent Show - February 18th * Women in Government Luncheon - February 20th * Metroport Cities Partnership - February 20th * Emergency Preparedness Planning Council - February 20th * Northeast Tarrant Transportation Summit - February 21st * Legislative Meeting - February 21st * Senior Housing Summit - February 26th Attachments: Action ByDate Action ResultVer. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Byron Nelson High School Talent Show - February 18th * Women in Government Luncheon - February 20th * Metroport Cities Partnership - February 20th * Emergency Preparedness Planning Council - February 20th * Northeast Tarrant Transportation Summit - February 21st * Legislative Meeting - February 21st * Senior Housing Summit - February 26th Town Council Page 173 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-954-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding CFAB Initiatives. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding CFAB Initiatives. Town Council Page 174 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-959-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/19/2014 Town Council On agenda:Final action:3/3/2014 Title:Items for Future Agendas. Attachments:Town Council Future Agenda Items List updated 1-29-2014.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 175 of 178 Meeting Date: Monday,March 3, 2014 Town Council Future Agenda Items List (updated 1/29/2014) 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose 4/26/10) 3. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White 2/24/2011) 4. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell 5/7/2012) 5. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder 6/21/2012) 6. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder 8/20/2012) 7. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White 1/21/2013) 8. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 9. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) 10. Discussion regarding animal shelter long and short term facility. (11/18/2013) Town Council Page 176 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-967-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/26/2014 Town Council On agenda:Final action:3/3/2014 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: (1) Potential Projects in the Trophy Wood Drive area Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: (1) Potential Projects in the Trophy Wood Drive area Town Council Page 177 of 178 Meeting Date: Monday,March 3, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-968-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/26/2014 Town Council On agenda:Final action:3/3/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 178 of 178 Meeting Date: Monday,March 3, 2014