ORD 2013-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-18 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS AN 8.286 ACRE TRACT OF LAND LOCATED
GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF
TROPHY WOOD DRIVE, SOUTH OF VALLEY WOOD CT. AND
HILLCREST COURT SOUTH, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF <lCG",
COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 34,
TROPHY WOOD COMMERCIAL CENTER; PROVIDING THAT SUCH
TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE
AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD
PLANNED DEVELOPMENT NO. 34 ZONING DISTRICT FOR THE
SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN; PROVIDING
DEVELOPMENT STANDARDS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING FOR SAVINGS; 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 Council of the Town of Trophy Club, Texas (the "Town").
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town;
WHEREAS, the owner of the tract of land (the "Land"), collectively described as
an 8.286 acre tract of land currently zoned "CG" Commercial General, such Land being
more specifically described in Exhibit "A" attached hereto and incorporated herein,
filed an application with the Town Planning and Zoning Commission requesting a
change in zoning of the Land into PD Planned Development No. 34. Such application
further requested an amendment to the official Zoning District Map of the Town in
accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning
Ordinance"); and
Page 1 of 15
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to rezone the Land 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 Comprehensive Zoning Ordinance No. 2000-06 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,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity and need
for the change in zoning and that the proposed change is consistent with the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, "rEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of 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 is in the
best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare.
SECTION 3.
REZONING
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 in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases
and words are not amended but are hereby ratified and affirmed:
Page 2 of 15
A. The zoning on the Land, more particularly described in Exhibit "A", attached
hereto and incorporated herein, is hereby changed from "CG" Commercial
General to PO Planned Development District No. 34, consisting of approximately
8.286 acres of land, for use in accordance with the requirements of this
Ordinance and all other applicable ordinances, rules, and regulations of the
Town. Requirements of this Ordinance are more specifically described and set
forth in Exhibits "B" and "C", which are attached hereto and incorporated herein
for all purposes. In the event of any ambiguities or conflicts between the written
word in the Development Standards and the illustrations provided in the Exhibits
to this Ordinance, the Exhibits shall control.
1. Concept Plan. A concept plan for the Land, and all parts thereof, is
attached hereto as Exhibit "B", "Concept Plan" and incorporated herein
as if copied in its entirety. Such Concept Plan shall be adhered to in
carrying out the development of the Land in accordance with this
Ordinance, and compliance with each and every part of such plan shall
constitute a condition precedent to the issuance of any building permit for
the Land in this PO Planned Development District.
2. Development Standards. The development standards for this PO Planned
Development are attached hereto as Exhibit "C", "Development
Standards", and are incorporated herein as if copied in their entirety.
Such standards and regulations include, but are not limited to, a general
purpose; size of lots; uses generally, permitted uses; limitation of uses;
area, building and site regulations; North property line; parking and
loading requirements; special paving; landscaping requirements; hours of
operation; building materials and colors; lighting; screening & fencing;
signage; fire lanes; outdoor storage; and mechanical and electrical
equipment. Such Development Standards 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 Certificate of Occupancy for all structures within PO
Planned Development No. 34.
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; provided however, that in the event of a conflict
between the regulations in this Ordinance and the regulations in another applicable
ordinance or regulation of the Town, the regulations in this Ordinance shall control.
Page 3 of 15
SECTION 5.
ZONING MAP
The Community Development Director is hereby directed to mark and indicate on
the official Zoning District Map of the Town the zoning change herein made.
SECTION 6.
CUMULATIVE
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 during or on which a violation
occurs or continues.
Page 4 of 15
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.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with state law and the Town's Home Rule
Charter.
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, this 5th day of August, 2013.
Cemnie White, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. A ams
Town Attorney
Page 5 of 15
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract of land situated in the Joseph Henry Survey, Abstract No. 528, Town of
Trophy Club, Tarrant County, Texas and being all of that tract of land described in
instrument to Maguire Partners-Solana Land, L.P. as recorded under Instrument No.
2005-130471, Denton Country, Texas, said tract of land being more particularly
described as follows;
BEGINNNIG at a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars at the
Southeast corner of Lot 1, Block 1, of Trophy Club Medical Plaza, an addition to the City
of Southlake as recorded in Cabinet V, Page 822, Plat Records Denton County, Texas,
and being on the North right-of-way line of State Highway No. 114 (a variable width right
of-way);
THENCE North 18 degrees 45 minutes 00 seconds East, along the East line of said
Trophy Club Medical Plaza, a distance of 403.73 feet to a 5/8 inch iron rod found with
plastic cap stamped "Huitt-Zollars" at the Northeast corner of said Trophy Club Medical
Plaza and being on the South line of Trophy Club Section Nine, an addition to the Town
of Trophy Club, as recorded in Volume 16, Page 17, Plat Records, Denton County,
Texas.
THENCE South 70 degrees 56 minutes 00 seconds East, along the South line of Trophy
Club Section Nine, a distance of 455.84 feet to a point for corner from which a 5/8 inch
iron rod found bears South 72 degrees 44 minutes East, a distance of 0.30 feet;
THENCE South 75 degrees 13 minutes 24 seconds East, along the South line of Trophy
Club Section Nine, a distance of 416.50 feet to a 5/8 inch rod found;
THENCE South 40 degrees 17 minutes 50 seconds East a distance of 59.68 feet to a
5/8 inch Iron rod found with Carter & Burgess cap at the beginning of a non-tangent
curve to the left with a central angle of 46 degrees 00 minutes 11 seconds, a radius of
586.27 feet and being subtended by a chord which bears South 26 degrees 41 minutes
08 seconds West, a distance of 458.18 feet;
THENCE along said curve to the left an arc length of 470.72 feet to a 5/8 inch iron rod
found with plastic cap stamped "Huitt-Zollars" on the aforementioned north right-of-way
line of State Highway 114 at the beginning of a non-tangent curve to the left with a
central angle of 13 degrees 12 minutes 37 seconds, a radius of 1,959.86 feet and being
subtended by a chord which bears North 64 degrees 28 minutes 30 seconds West, a
distance of 450.87 feet;
THENCE along said curve to the left and along the north right-of-way line of State
Highway 114, an arc length of 451.87 feet to a TxDOT aluminum monument in concrete
found;
THENCE North 71 degrees 04 minutes 48 seconds West, along the north right-of-way
line of State Highway 114, a distance of 411.54 feet to the POINT OF BEGINNING and
containing 8.286 acres of land, more or less.
Page 6 of 15
---
_~ ,~__ ) • __ I\ c::: --\' __ ,-, 1 \----\ -------; /'\ ~ 1-
_ _ \ VALLEY I HILLCREST I -JAMIE CT, \' \--I \
, WOOD CTj, CT, SO, ~ .."./' (/ "-",'-\ . ~... ", " \+I /" I'V T '-~--j--,-\ ~~'
I / '", I \ : I I ,".'0'
! , ~ I I I " ,
I /' I I \ ! I I \ \/
\. I I • ' I " •
.~.. _l!.' _o. j W _ _ \ .. ! =o. o.'\ il_..L~-li, ,'_ _ . ,. ~ oIb'v.HOSCAPEDUFFI:R
"Q'~I3Uf~ER' .' Q::CI)
~~ gi1j~
00 .. ~...J~ )..S~BAYlOR ,,,:"~, .::: "---MEOICAI. :X:OU:CENTER P~O~~-:-. Q..Q::).':
'-. --., O~~ ,-,~-. -., ---.., '-. f::s~
Sf:
__\""L,I~
-_..-..
1·1"' .... 1
---.
SITE SUMi,f,A,RY ., -
".. ~~: CONCEPT PLAN
0JI0 ~211l1
~~ IltlA.
'-Or
~"«tIL.....
EXHIBIT "e"
DEVELOPMENT STANDARDS
The development of the Land described in Exhibit "A" -Legal Description, a copy
of which is attached hereto and incorporated herein, consisting of approximately
8.286 acres of land shall be in accordance with Exhibit "B" -Concept Plan of the
development, a copy of which is attached hereto and incorporated herein, all
other Exhibits attached to or incorporated herein, the Comprehensive Zoning
Ordinance, all other applicable ordinances and regulations of the Town of Trophy
Club, and the following Development Standards, conditions and requirements. If
any regulation is silent in this document, the zoning ordinance shall rule.
A. PUrPose: The Planned Development is designed to accommodate a variety
of retail and commercial uses. For developments purposes, the Land is
divided into four lots, as shown in Exhibit "B", and the use and development of
each of the tracts shall be in accordance with the following:
1. Lots 1 thru 4 (as depicted in Exhibit "B"): The following standards shall
apply to Lots 1 thru 4:
a. Size of Lots:
Lot 1 shall contain approximately 2.87 acres of land
Lot 2 shall contain approximately 1.50 acres of land
Lot 3 shall contain approximately 1.75 acres of land
Lot 4 shall contain approximately 2.15 acres of land
b. Uses Generally: In the development and use of Lots 1 thru 4, no land
shall be used and no building or structure shall be installed, erected, or
converted to any use other than the following:
c. Permitted Uses:
(1) Lot 1 shall allow a Hotel and shall be only from the following
brands: Hilton, Marriott, Starwood, or Hyatt. The Hotel Use shall
(at a minimum) have the following services:
• 24 Hour Front Desk
• Daily Housekeeping
• Sit down Lobby area
• Breakfast served in the morning 7 days a week
• Swimming Pool
• Fitness Center
• Business Center
(2) Lot 2 shall allow a Restaurant or a Restaurant with Alcoholic
Beverage Sales.
Page of15
(3) Lots 3 and 4 shall allow all uses indicated below.
Art Supply Store
Arts, Crafts, Hobby Shops
Audio, Video, Stereo sales (no
arcade games or adult rentals)
Bakery Shop
Barber, Beauty, Styling Shops
Bath Shop
Bicycle Shop
Book Stores
Cameras I Film Processing Store
Car Accessories Sales
Cards and Gifts Sales
Children's Wear Shop
China and Glassware Sales
Computer I Software Sales and
Service
Confectionary Shop
Cosmetic I Beauty Supply Shop
Curtain and Drapes Shop
Drug Store, Apothecary, Pharmacy
Dry Cleaner, Pick Up and Drop Off
Electrical Goods and Fixtures
Fabric and Knitting Shop
Floor Coverings Shop
Florist
Formal Wear / Rental Store
Furniture Sales
Grocery Stores
Hardware Store
Health, Athletic Shops
Household Appliance Store
Use List
Household Furnishings, Fixtures
Ice Cream Shop
Jewelry, Watch Store
Juice Store
Kitchen Store
Lamp Sales
Luggage and Leather Sales
Mailing and Packaging Store
Men's Wear Shop
Music Store
Nail Salon
Newspaper/Magazine Sales
Office Supplies Store
Party Supplies Store
Picture Framing Store
Restaurant
Restaurant, with Alcoholic Beverage
Sales
Shoe Repair Shop
Shoe Store
Sporting Goods Store
Sports Bar*
Stationery-School Supplies Store
Tailor Shop
Telephone Store
Toys Store
Wallpaper, Paint Store
Wearing Apparel Store
Women's Ready-To-WearlWomen's
Specialty Shop
*Requires a Conditional Use Permit and shall meet the Town's definition of
"Restaurant with Alcoholic Beverage Sales": A restaurant or eating establishment
where alcoholic beverages are sold whose gross sales in Trophy Club from food
on an annual basis at the location represent at least sixty percent of total sales.
d. Limitation of Uses: Any use not expressly permitted herein or allowed
by permit in the designated zoning district is prohibited.
Page 9 of 15
e. Area Building and Site Regulations:
(1) Maximum Building Coverage: The combined area of all main
and accessory buildings shall not exceed sixty percent (60 ) of
the total site area.
(2) Maximum Impervious Area: The combined area occupied by all
buildings, structures, off-street parking and paved areas shall
not exceed eighty percent (80 ) of the total site area.
(3) Minimum Open Space: All areas (but in any event at least
twenty percent (20 ) of the total site area) not devoted to
buildings, walkways, structures or off-street parking area shall
be devoted to grass, trees, gardens, shrubs, or other suitable
landscape material.
(4) Depth of Front Yard: There shall be a front yard having a depth
of not less than thirty feet (30').
(5) Depth of Rear Yard: There shall be a rear yard having a depth
of not less than then forty feet (40') adjacent to residentially
zoned land.
(6) Width of Side Yard on each Side: A minimum of fifteen (15')
side yard shall be required.
(7) Height: Building and/or structure heights shall be measured
from the adjacent finished sidewalk elevation.
Lot 1: For a hotel use, the maximum height shall not exceed
sixty-five feet (65') or four (4) stories in height.
Lots 2-4: No building or structure shall exceed forty feet (40') in
height or two (2) stories maximum. Any structure located within
one hundred feet (100') of adjacent residential property shall not
exceed twenty-eight feet (28') or one (1) story.
f. North Property Line: A forty foot (40') landscape buffer shall be
provided along the north property line of this development to provide
buffering from the existing adjacent residential. The 40-ft. buffer area
shall contain only fencing (in accordance with Chapter 13, Section
7.01, "Fencing, Retaining Walls, and Screening", as amended), berms,
trees and landscaping to provide visual and acoustical privacy and to
adequately buffer adjoining uses. Landscaping adjacent to
Page 10 of 15
residentially zoned land shall contain evergreen shade trees to provide
screening year-round.
g. Parking & Loading Regulations:
a. The minimum number of off-street parking spaces shall comply with
Section 7.04, Article, Chapter 13, "Off-Street Parking Regulations"
of the Comprehensive Zoning Ordinance, as amended.
b. Shared parking may be allowed if, and only if, it can be established,
to the satisfaction of the Planning and Zoning Commission and
Town Council during Site Plan approval, that the parking spaces
are sufficient for each particular use based on type of use, and
where heavy parking usage may escalate at differing time periods
for each particular use. Written permission and stated written
cooperation of each property owner within the PO shall be required
to request acceptance of shared parking.
c. Hotel uses shall provide a minimum of one (1) parking space for
each room (shared parking shall not be allowed for this
requirement). Other uses within the hotel shall provide parking in
compliance with "off-street parking regulations" of the
Comprehensive Zoning Ordinance. Handicapped parking, including
van accessible spaces, shall be provided according to Town and
ADA requirements.
d. Off-street loading shall be in accordance with Section 7.05, "Off
Street Loading Requirements," of the Comprehensive Zoning
Ordinance, as amended.
h. Special Paving: Patterned and colored concrete, meeting Town of
Trophy Club construction standards shall be constructed at the
driveway entrances along State Highway 114.
B. Additional Development Standards:
1. Landscaping: Landscaping shall be provided as required by applicable
ordinances, including but not limited to the Comprehensive Zoning
Ordinances, Section 7.03, Article VII, Chapter 13, Landscaping
Regulations, as amended, and Chapter 12, Subdivision Rules and
Regulations 'Tree Preservation and Removal", as amended, except as
specifically provided below:
a. A minimum of 15' landscape strip shall be provided along Highway
114 frontage road.
Page 11 of 15
b. All landscaping areas shall be irrigated.
c. Landscaping shall be maintained by the developer/owner of the
land. Any dead landscaping material shall be removed and
replaced within thirty (30) days.
d. All plant materials must be selected from the mandatory plant list
which shall be in accordance with the Approved Tree Planting List,
as outlined in Article VIII, "Tree Preservation and Removal" of the
Subdivision Regulations, as amended. A Landscape Plan and
Plant List shall be submitted with the Final Site Plan for Planning
and Zoning Commission recommendation and Town Council
approval.
e. The caliper of a tree is defined as the diameter of the tree trunk as
measured at the point twelve inches (12") above the finished grade
in accordance with standard nursery practice.
f. Detailed Landscape Plans, sealed by a registered landscape
architect shall be provided on each lot at the time of the Final Site
Plan submittal, which shall require Town Council approval upon
recommendation by the Planning & Zoning Commission.
g. Landscape Accent Lighting shall be low wattage -not to exceed
100 watts.
2. Hours of Operation of Uses:
a. Hours of operation for the restaurant and sports bar uses set forth
herein shall be from 6:00 a.m. to 12:00 a.m. (midnight).
b. A Conditional Use Permit (CUP) shall be required for a restaurant
or sports bar to stay open later than 12:00 a.m., but no later than
2:00 a.m. provided a CUP has been obtained pursuant to Chapter
13, Zoning, Article VI, Conditional & Specific Uses, Section 6.01
Conditional Use Permits, as amended.
c. Hotel uses shall operate twenty-four (24) hours per day. Normal
business hours for retail uses shall be 6:00 a.m. to 11 :00 p.m.
d. Delivery hours shall be limited to 8 a.m. to 6 p.m.
e. Outside sales may be allowed a maximum of one (1) time per
calendar year provided that such outside sales are conducted as
part of a Special Event for which the Town has issued a permit
Page 12 of 15
pursuant to Chapter 10, Public Safety, Article XV, Special Events,
as amended.
3. Building Materials and Colors: The exterior walls of all main and
accessory buildings shall be constructed of one hundred percent (100 )
natural or manufactured stone, brick, stucco, or split face block. The
exterior wall masonry requirement shall exclude doors, windows and
porches. The scheme for the entire PD shall have Earth-tone colors.
Specific colors shall be approved at Site Plan approval for each lot.
4. Lighting: All parking lot lighting shall be located as shown on the Final
Site Plan. Lighting fixtures shall be a maximum total height of twenty-five
feet (25') on structurally designed concrete bases. Total height of lighting
fixtures shall be measured from the adjacent ground. All lighting shall be
fully shielded, with directional lighting away from residential property
lines. Building lighting shall be mounted to the building face or in ground
fixtures and shall be oriented as to wash the building with light. Building
attached lighting adjacent to residential shall not be flood lights. Wall
mounted down directional lights shall be on the rear of buildings and
perimeter light will be shielded to minimize overspill. Perimeter lighting
shall be designed to reflect away from adjacent residential areas. Foot
candle limitations at residential property lines and right-of-way lines shall
not exceed 0 foot candle. Foot-candles on a site shall average 2.5 foot
candle and not exceed 8.0 foot-candle. A photometric plan shall be
included with the Final Site Plan.
5. Screening & Fencing:
a. Where a non-residential use abuts a residential lot, use or district,
the side and rear property lines abutting said residential lot, use or
district shall be solidly fenced to a height of eight feet (8'), pursuant
to Chapter 13, of the Zoning Ordinance, Article VII, Development
and Design Standards; Section 7.01 Fencing, Retaining Walls and
Screening; K. Non-living Screening, as amended.
b. Fencing adjacent to residentially zoned land shall be of masonry
construction and shall be eight feet (8') in height. Commercial
property owner shall be required to coordinate with existing
residential property owners to remove existing fencing for
replacement with the new fence, and provide, with platting of the
commercial property, a 5-ft. wall easement for maintenance of the
screening wall, which shall be owned and maintained by the
commercial property owners. Parallel fencing may be allowed but
only with review of an applicable fence permit that meets all other
Town fencing ordinance requirements.
Page 13 of 15
c. For Lot 1 development, installation of the new wall shall begin from
the Northwest property corner of Lot 1 and extend to the Northeast
property corner of the Lot to be developed. Furthermore for Lot 1
development, the wall shall extend beyond the proposed northeast
corner of the Lot 1 property, to end at the southeast corner of the
adjacent residential property to the rear of Lot 1. This amounts to
extending the wall approximately 15' beyond the northeast corner
of Lot 1, per the attached Concept Plan.
d. At the time of their development, subsequent Lot developments are
required to install the same wall material and height as installed on
Lot 1. Extent of wall for each subsequent lot shall be determined
during the individual site plan review.
e. Maintenance of the fence will be the responsibility of the
commercial property owners via a 5' wide easement to be provided
at the time of platting.
6. Signage: Prior to the issuance of a building permit for the Land or any
part thereof, an overall sign plan, accompanying the Final Site Plan for
the Land must be approved by the Town Council upon recommendation
from the Planning & Zoning Commission. As and after the site develops,
additions or revisions to the sign of the site shall conform to the Town's
sign ordinance with appropriate staff review and appropriate permit
issuance.
7. Fire Lanes: Fire lanes shall be shown on the Final Site Plan and fire
protection relative to circulation throughout the entire site shall be
addressed and each individual lot owner shall adhere to the fire
protection circulation plan approved with the Final Site Plan. Any
changes to the fire lanes shall require a revised Site Plan with approval
by the Town Council upon recommendation from the Planning and
Zoning Commission.
8. Final Site Plan: The Final Site Plan shall require approval by the Town
Council upon recommendation by the Planning & Zoning Commission in
the form of an ordinance duly adopted by the Town Council, upon
recommendation from the Planning & Zoning Commission.
Upon approval, the Final Site Plan shall become an amendment to this
Ordinance. In the event of any conflicts between this ordinance and
such approved Final Site Plan, the Ordinance adopting the Approved
Final Site Plan shall control.
9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall
be permitted on the land. Dumpster location shall be shown on the Final
Page 14 of 15
Site Plan and shall be subject to approval through the Site Plan review
and approval process. Dumpsters shall be enclosed on three (3) sides
with masonry that is of a similar architectural style as the main building.
A gate shall be required on the fourth side. Minimum height of the
enclosures shall be determined by the height of the dumpster. When
possible, landscaping shall provide additional screening for the
enclosure. Operating hours for trash service shall be in accordance with
the Town of Trophy Club regulations.
10. Mechanical & Electrical Equipment: Mechanical and electrical equipment
including air conditioning units, shall be designed, installed, and
operated to minimize noise impact on surrounding property. All such
equipment shall be screened from public view. Equipment screening
shall not be considered as a part of building height.
11. Amendments to the Site Plan: Amendments to the Site Plan for items
that are determined to be non-substantial by the Town Manager or
his/her designee shall be permitted. The Town Manager or his/her
designee may, according to his/her discretion, defer any such
consideration to the Planning and Zoning Commission and Town Council
for action. Substantial shall be defined as any change or revision that
alters the intensity or impedes on-site traffic circulation, decreases the
effect of an established ordinance, increases the visibility or noise level
to residential property, fails to maintain the original purpose and design
of the PD, development plan, or site plan.
12. Notwithstanding any contrary provision in the Ordinance or any exhibits
hereto, the final approvals listed below shall be obtained from the Town
prior to the issuance of any building permits. Such approval shall require
a recommendation from the Planning and Zoning Commission and
approval of the Town Council:
a. Final Site Plan
b. Landscape Plan and Plant List
c. Building Elevations
d. Sight Line Study
e. Photometric Plan & Light Fixtures Illustrations
f. Sign Criteria
g. Retaining Wall and Fence Criteria
Page 15 of 15