ORD 1995-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.. Q t _ 9 n
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 94-09 OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED
AS A 9.947 ACRE TRACT OF LAND LYING AT THE
NORTHWEST CORNER OF THE INTERSECTION OF
TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND
AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN, FROM ITS CURRENT
ZONING OF CG -COMMERCIAL GENERAL TO PD
PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING
A GASOLINE SERVICE STATION) AND COMMERCIAL
OFFICE USES; 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 #13 ZONING DISTRICT FOR THE
SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE;
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 A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the tract of Iand (the "Land"), described as a 9.947 acre tract
of land located generally at the northwest corner of the intersection of Trophy Club Drive and
State Highway 114 within the Town of Trophy Club, Texas (the "Town") as more particularly
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 and an
amendment to the official Zoning District Map of the Town in accordance with Ordinance No.
94-09 of the Town (the "Comprehensive Zoning Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came on before the Planning and Zoning Commission and Town
Council; and
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DOC #: 315892
WHEREAS, the Town Council, at a public hearing held jointly with the Planning and
Zoning Commission, had an opportunity to consider the following factors in making a
determination as to whether the requested changes should be granted or denied: effect on the
congestion in the streets, safety of the motoring public and the pedestrians using the facilities
in the area immediately surrounding the Land, noise producing elements and glare of vehicular
and stationary lights and effect of such lights on the established character of the neighborhood,
the fire hazards and other dangers possibly present and the securing of safety from the same,
lighting and type of signs and the relation of signs to traffic control and adjacent property, street
size and adequacy of width for traffic reasonably expected to be generated for proposed uses
around the Land and in the immediate neighborhoods, the effect on the promotion of health and
the general welfare, effect on adequate light and air, the effect on the transportation, water,
sewerage, schools, parks and other public facilities; and
WHEREAS, the Town Council further considered among other things the character of
the districts and their peculiar suitability for particular uses, with a view of conserving the value
of buildings and 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 finds that the zoning granted herein utilizes innovative
land development concepts and is consistent with the Town's Comprehensive Land Use Plan;
and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the said 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 the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, the Town Council has determined that there is a necessity and need for the
change in zoning and that there has been a change in the conditions of the Land surrounding and
in close proximity to the Land since the Land was originally classified and therefore the change
in zoning herein made is needed; and
WHEREAS, after due deliberations and consideration of the recommendation of the
PIanning 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.
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.
Section 2. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the
same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following
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DOC 9: 315892
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words
are not amended but are hereby ratified and affirmed:
A. The zoning on the Land, being a 9.947 acre tract of land described in Exhibit "A"
attached hereto and incorporated herein, heretofore zoned CG -Commercial General District is
hereby changed to PD Planned Development District for retail (commercial and gasoline service
station uses) and commercial office uses, in accordance with the requirements of this Ordinance
(including Exhibits "B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual
Landscape Plan and other conceptual drawings, "F" (Approved PIant List), "H" (Preliminary
Grading/Sight Line Study), "I" (Conceptual East and South EIevations), "T" (showing Ripon -A
light fixtures), and "K" (Austin stone masonry wall design), each of which Exhibits is
incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
Section 3. Site Win. A planned development site plan for the Land or any part thereof
which shall be in substantial conformity with Exhibits described in Section 2.A, above shall be
submitted by the Owner of the Land as required by and in accordance with the Comprehensive
Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof
prior to the issuance of any building permit for the Land in this Planned Development District.
By way of example only, Exhibit "G" (Potential Alternate Site Plan) represents a potential final
site configuration and building design which maintains the design elements reflected in the PD
Site Plan attached as Exhibit "B."
Section 4. Zoning mail. The Planning and Zoning Administrator is hereby directed to
mark and indicate on the official Zoning District Map of the Town to reflect the zoning change
herein made.
Section S. Development conditions. In carrying out the development of the Land in
accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be
conditions precedent to the granting of any certificate of occupancy.
Section 6. Restrictive covenants. In connection with the development of the Land, the
Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants
running with the Land (which covenants are attached hereto as Exhibit "D") in a form to be
approved by the Town and to which the Town may be made a party for certain purposes.
Section 7. 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 8. Purpose. The amendment to zoning herein made has been made in
accordance with the Comprehensive Plan of the Town for the purpose of promoting the health,
safety and welfare of the community, and with consideration of the reasonable suitability for the
particular use and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land within the community.
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DOC #: 3159912
Section 9. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulation of land and zoning and shall not repeal any of the provisions of
those ordinances except in those instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance.
Section 10. 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.
Section 11. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
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 that it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 12. Effective date. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 21st day of November , 1995.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town of Tllophy Club, Texas
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DOC N: 315892
LEGAL DESCWPTION
The following described tract or parcel of land situated in the C Madlin Survey, Abstract No. 823,
Denton County, Texas and being a porton of a 127.140 acre tract of land as conveyed to Nelson
Bunker Hunt by deed recorded on Page 426 of Volume 571 in the Denton County Deed Records
and being a portion of a 10 0 acre tract of land as conveyed to Independent American
Development Corporation by deed recorded on Page 191 of Volume 2441 in the Denton County
Deed Records and being more parlicularly described as follows -
BEGINNING at an old 112 inch iron rod in the Northerly right-of-way fine of State Highway No 114
(a 100 0 foot right-of-way) and being the Southeast comer of Tract "C", TROPHY CLUB. Section
Eight, an Addition to Denton County, Texas according to plat recorded on Page 12 of Volume 15
in the Denton County Plat Records;
THENCE N 21 `13' 07" E along the East line of said TROPHY CLUB, Section Eight a distance of
269.79 feet to an old 112 inch iron rod and being in the South line of TROPHY CLUB, Section
Five, an Addition to Denton County, Texas according to the revised plat recorded on Page 10 of
Volume 13 in the Denton County Plat Records;
THENCE S 68=53'20" E along the South line of said TROPHY CLUB, Section Five a distance of
.613.47 feet to an old 112 inch iron rod;
THENCE N 63 14'32" E along the South line of said TROPHY CLUB, Section Five a distance of
735 37 feel to an old 112 inch iron rod,
THENCE N 51=10' E along the South line of said TROPHY CLUB, Section Five a distance of
43.2 feet to an old 518 inch iron rod;
THENCE S 17'10'35" E a distance of 234.77 feet to an old 518 inch iron rod and being in the
Westerly right-of-way tine of Trophy Club Drive (a variable width right-of-way) as recorded on
Page 882 of Volume 738 in the Denton County Deed Records and being on a curve having a
radius of 640.46 feet whose center bears S 17`07'36" E a distance of 640 46 feet;
THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy
Club Drive a distance of 73.78 feet to a concrete Texas Department of Transportation monument
at The beginning of a curve to the left having a radius of 75 0 feel whose center bears N
7001'38" W a distance of 75.0 feet;
THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy
Club Drive and through a central angle of 91=09'19", an arc length of 119.32 feet, a chord
bearing of S 65"33'01" W, and a chord distance of 107.13 feet to a concrete Texas Department
of Transportation monument and being in the Northerly right-of-way line of said State Highway
No 114;
THENCE N 69 03'52" W along the Northerly right-of-way line of said State Highway No. 114 a
distance of 956 9 feet to place of beginning, containing 9 9470 acres or 433,293 square feet of
land, more or less
EXHIBIT "Ar'
i
EXHIBIT "C„
DEVELOPMENT STANDARDS
THE VILLAGE AT TROPHY CLUB TEXAS
The development of the Land described in Exhibit "A" consisting of approximately 9.947
acres of Iand shall be in accordance with the PD Site Plan of the development (attached hereto
as Exhibit "B"), all other Exhibits attached to or to be made a part of this Ordinance, the
Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and
regulations of the Town of Trophy Club, and the following Development Standards, conditions
and requirements:
A. Pu ose• development standards uses within individual tracts: This Planned
Development is designed to accommodate a variety of retail commercial and commercial office
uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3 and 4 as
shown on Exhibit 'B" attached hereto (PD Site Plan)), and the use and development of each of
the tracts shall be in accordance with the following:
1. Tract 1(Retail uses, as depicted in Exhibit "B" ): The following standards shall
apply to Tract 1: -
(a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land.
(b) Uses generally: In the development and use of Tract 1, no land shall be used and
no building or structure shaII be installed, erected or converted to any use other
than the following:
(1) Permitted uses:
(A)
Boob stores
(N)
Specialty household furnishings and
(B)
Stationery, card and party
fixtures
stores
(0)
Boutiques
(C)
Specialty gift stores
(P)
Antique shops
(D)
Computer and electronic sales
(Q)
Neighborhood hardware stores
and service stores
(R)
Small household appliance stores
(E)
Specialty neighborhood
(S)
Bicycle shops (non -motorized)
(F)
services and shops
Barber, nail and beauty shops
(T)
(U)
Wearing apparel and shoe shops
Art supply store
(G)
Art gallery
(V)
Electric goods and fixtures
(H)
Confectionery shops
(W)
Sporting goods stores
(I)
Ice cream shops
(X)
Fabric and knitting shops
(J)
Drug stores, apothecary and
(Y)
Music/video store (no video arcade
(K)
pharmacy
Jewelry and watch store
machines allowed, no adult video
sales or rentals allowed)
(L)
Florist
(Z)
All permitted uses in Tracts 3 and 4
(M)
Arts, crafts and hobby stores
EXHIBIT C TO ORDINANCE NO._a5=2_0
DOC #: 315892
Page 1 of 12
(2) Accessory lases: Accessory uses shall be permitted in accordance with the
regulations set forth in Section 35 of the Comprehensive Zoning Ordinance. Outdoor pay
phones shall not be permitted.
(3) Conditional uses: Conditional uses may be permitted in accordance with the
regulations provided in Section 42 of the Comprehensive Zoning Ordinance.
(4) Limitation of uses: Any use not expressly permitted herein or allowed by permit
is prohibited.
(c) Area and building relations:
(i) Maximum building coverage: The combined area of all main and
accessory buildings shall not exceed 25 % of the total area of Tract 1.
(Il) Maximum floor area number of buildings: The maximum combined
square footage of all main and accessory buildings shall be 40,000 square
feet. No more than two (2) buildings shall be constructed or located in
Tract 1. No building shall contain more than 20,000 square feet.
(iii) 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 area of Tract 1.
(iv) Minimum Men space: All areas (but in any event at least 20% of the
total area of Tract 1) not devoted to buildings, walkways, structures or
off-street parking area shall be devoted to grass, trees, gardens, shrubs,
or other suitable landscape material.
(v) Depth of front yard, feet*: There shall be a front yard having a depth of
not less than thirty (30) feet.
(vi) Depth of rear ard. feet*: There shall be a rear yard having a depth of
not less than forty (40) feet,
(vii) Width of side yard on each side, feet*: A minimum of a fifteen (15) foot
side yard shall be required on each side of Tract 1.
(viii) Heig : No building or structure shall exceed thirty-five (35) feet in
height (1 story maximum).
*All yards shall comply with Section 37, "Required Yards," of the
Comprehensive Zoning Ordinance.
(d) Parking, loading regulations: The minimum number of off-street parking spaces
shall be one (1) space for each 200 square feet of building area. In all other
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 2 of 12
AOC #: 315892
respects, off-street parking shall comply with Section 47 of the Comprehensive
Zoning Ordinance. Off-street loading shall be in accordance with Section 48,
"Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance.
Landscaped islands shall be provided for every twelve (12) parking spaces.
Handicapped parking, including van accessible spaces, shall be provided
according to Town standards.
2. Tract 2(Retail/commercial use with gasoline, islands: The following standards
shall apply to Tract 2:
(a) Size of tract: Tract 2 shall contain approximately 1.8 acres of land.
(b) Permitted uses: In the development of Tract 2, no land shall be used and no
building or structure shall be installed, erected or converted to any use other than
the following:
(1) Convenience store
with
gasoline sales (no
truck
diesel, no cigarette wrapping
papers, nor any
adult
magazine or video
sales
allowed, no video
arcade
machines allowed)
(c) Area and building regulations:
(2) All uses permitted in Tracts 1, 3
and 4
{i) Maximum building coverage: The combined area of all main and
accessory buildings shall not exceed 15 % of the total area of Tract 2.
(ii) Maximum floor area, number of buildings: The maximum square footage
of all main and accessory buildings shall be 8,500 square feet. No more
than one (1) building shall be constructed or located in Tract 2.
(iii) 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 area of Tract 2.
{iv) Minimum open space: All areas (but in any event at least 20% of the
total area of Tract 1) not devoted to buildings, walkways, structures or
off-street parking area shall be devoted to grass, trees, gardens, shrubs,
or other suitable landscape material.
(v) Depth of front yard, feet*: There shall be a front yard having a depth of
not less than thirty (30) feet.
EXHIBIT C TO ORDINANCE NO, 9 5 — 2 0 Page 3 of 12
DOC N; 3t5892
(vi) Depth of rear yard feet*: There shall be a rear yard having a depth of
not Iess than forty (40) feet.
(vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot
side yard shall be required on each side of Tract 1.
(viii) Height: No building or structure shall exceed thirty-five (35) feet in
height (1 story maximum).
'All yards shall comply with Section 37, "Required Yards, " of the
Comprehensive Zoning Ordinance.
(d) Parking, loading regulations: The minimum number of off-street parking spaces
shall be one (1) space for each 200 square feet of building area. In all other
respects, off-street parking shall comply with Section 47 of the Comprehensive
Zoning Ordinance. Off-street loading shall be in accordance with Section 48,
"Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance.
Landscaped islands shall be provided for every twelve (12) parking spaces.
Handicapped parking, including van accessible spaces, shall be provided
according to Town standards.
3. Tract 3 Transition from office and commercial to retail): The following
standards shall apply to Tract 3:
(a) Size of tract: Tract 3 shall contain approximately 1.5 acres of land.
(b) Permitted uses: In the development of Tract 3, no land shall be used and no
building or structure shall be installed, erected or converted to any use other than
the following:
(1) Restaurants with no drive-
through or drive-in
(2) Restaurants with alcoholic
beverage sales (subject to
required Town approvals)
(3) Office supply
(c) Area and building re lations:
(4) Photographic service and studio
(5) Specialty gourmet food stores
(6) Bakery shop
(7) Dry cleaners (pick-up and delivery
only)
(8) All uses permitted in Tract 4
{i) Maximum building coverage: The combined area of all main and
accessory buildings shall not exceed 15% of the total area of Tract 3.
(ii) Maximum floor area, number of buildings: The maximum square footage
of all main and accessory buildings shall be 8,500 square feet. No more
than one (1) building shall be constructed or located in Tract 3.
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 4 of 12
DOC #: 315892
(iii) 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 area of Tract 3.
(iv) Minimum Men s ace: All areas (but in any event at least 20 % of the
total area of Tract 1) not devoted to buildings, walkways, structures or
off-street parking area shall be devoted to grass, trees, gardens, shrubs,
or other suitable landscape material.
(v) Depth of front „yard. feet*: There shall be a front yard having a depth of
not less than thirty (30) feet.
(vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of
not less than forty (40) feet.
(vii) of side yard shall bedd on eachside, feet: A minimum of a fifteen (15) foot
side n each side of Tract 3.
(viii) Height: No building or structure shall exceed thirty-five (35) feet in
height (1 story maximum).
*All yards shall comply with Section 37, "Required Yards," of the
Comprehensive Zoning Ordinance.
(d) Parking, loading regulations: The minimum number of off-street parking spaces
shall be one (1) space for each 300 square feet of building area. In all other
respects, off-street parking shall comply with Section 47 of the Comprehensive
Zoning Ordinance. Off-street loading shall be in accordance with Section 48,
Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance.
Landscaped islands shall be provided for every twelve (12) parking spaces.
Handicapped parking, including van ' accessible spaces, shall be provided
according to Town standards.
4. Tract 4 (Tracts 4A, 4B if Exhibit G is used) (Office/commercial uses): The
following standards shall apply to Tract 4:
(a) Size of tract: Tract 4 shall contain approximately 2.8 acres of land.
(b) Permitted uses: In the development of Tract 4, no land shall be used and no
building or structure shall be installed, erected or converted to any use other than
the following:
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 5 of 12
DOC M 315892
(1)
Administrative, executive
editorial office
(2)
Accounting office
(3)
Architectural, engineering,
planning office
(4)
Attorney's office
(5)
Physician or dentist
(6)
Municipal administration and
public service buildings
(7)
Insurance office
(8)
Personal or family counselor
(9)
Public secretary
(10)
Bank, savings and loan
(11)
Mortgage company
(12)
Interior design and supply
services
(c) Area and buildine regulations:
(13) Specialty neighborhood services
(14) Title company
(15) Health and athletic services
(16) Weight reduction services
(17) Medical, dental, chiropractic,
optometry, etc.
(18) Real estate office
(19) Art studio
(20) Dance studio
(21) Duplication and mailing service
(22) Printing, publishing and engraving
(23) Educational services
(24) Private health clubs
(i) Maximum building coverage: The combined area of all main and
accessory buildings shall not exceed 35 % of the total area of Tract 4.
(ii) Maximum floor area number of buildings: The maximum combined
square footage of all main and accessory buildings shall be 44,000 square
feet. No more than two (2) buildings shall be constructed or located in
Tract 4.
(iii) 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 area of Tract 4.
(iv) Minimum o en space: All areas (but in any event at least 20% of the
total area of Tract 1) not devoted to buildings, walkways, structures or
off-street parking area shall be devoted to grass, trees, gardens, shrubs,
or other suitable landscape material.
(v) Depth of front yard, feet*: There shall be a front yard having a depth of
not less than thirty (30) feet.
(vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of
not less than forty (40) feet.
(vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot
side yard shall be required on each side of Tract 4.
EXHIBIT C TO ORDINANCE NO. 9 5 - z o Page 6 of 12
DOC N: 315892
(viii) Height: No building or structure shall exceed thirty-five (35) feet in
height (1 story maximum).
*All yards shall comply with Section 37, "Required Yards," of the
Comprehensive Zoning Ordinance.
(d) Parkina, Ioadina regulations: The minimum number of off-street parking spaces
shall be one (1) space for each 300 square feet of building area. In all other
respects, off-street parking shall comply with Section 47 of the Comprehensive
Zoning Ordinance. Off-street loading shall be in accordance with Section 48,
Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance.
Landscaped islands shall be provided for every twelve (12) parking spaces.
Handicapped parking, including van accessible spaces, shall be provided
according to Town standards.
B. Additional development standards applicable to this Planned Development District:
I . Concept plan. An overall concept plan showing all internal streets, drainage,
utilities, and exact divisions between land uses shall be submitted simultaneously with the
submission of the first comprehensive site plan for any Tract in this Planned Development
District.
2. Buffered Area.
(a) All principal buildings and structures shall be set back a minimum of forty (40)
feet from the common property line of any adjoining property used or zoned
residential.
(b) A thirty (30) foot continuous landscape buffer shall be provided along all single
family residential property lines as indicated on Exhibit "B" attached hereto (PD
Site Plan) and Exhibit "E" (Landscape Concept Plan). The buffer shall be graded
so as to closely maintain the existing grades and shall be landscaped with
evergreen trees from the mandatory plant list (attached hereto as Exhibit "F" and
incorporated herein). The thirty (30) foot continuous landscape buffer shall be
irrigated. Maintenance of the landscape buffer and irrigation shall be the
responsibility of the owners of the Land. Landscaping and irrigation along the
entire landscape buffer shall commence in the first phase of any development of
any Tract within the Land and shall be entirely completed prior to the issuance
of any certificate of occupancy.
(c) Prior to the issuance of any building permit for the Land, a continuous eight (8)
foot "Woodcrete" fence (see Exhibit "K") shall be provided along the adjacent
single family residential property lines and shall be constructed completely on the
Land. Eight (8) foot Austin Stone columns shall be constructed at all property
corners of each adjacent single family residential lot. The height of the fence
shall be measured from the existing grade. The Owner of the Land, at its sole
EXHIBIT C TO ORDINANCE NO. 9.5 -- 2 0 Page 7 of 12
DDC #: 315992
expense, shall remove all rear wood fencing (constructed on the adjacent single-
family residential lots) and shall construct wooden fence connections between
existing residential fences and the "Woodcrete" screening fence. Connections
shall be of like construction to existing fences. The fence contractor shall design
specific per lot fence grades per the existing conditions which will not hinder or
impede current utility or drainage conditions. The fence construction shall
commence in the first phase of any development of any Tract within the Land and
shall be entirely completed prior to the issuance of any certificate of occupancy.
3. Landscaping. Landscaping shall be in accordance with Section 46, "Landscaping
ReguIations," of the Comprehensive Zoning Ordinance and with the following:
(a) Berming shall be utilized along street frontages, when possible, to screen parking
from public view.
(b) All landscaped areas shall be irrigated.
(c) Landscaping shall be maintained by the Owners of the Land. Any dead plant
material shall be removed and replaced in a timely manner.
(d) All plant materials must be selected from the mandatory plant list attached hereto
as Exhibit "F. "
The Landscape Concept Plan (Exhibit "E") has been included with this Ordinance to
generally illustrate the intent and location of landscaping tree massing. Trees shall be 3 112"-
4 112" minimum caliper, as the case may be, at the time of installation. Trees located in the 3C
foot landscape easement adjacent to the single family property shall be Iocated so as to provide
a full screen at the time of maturity. These trees shall be evergreen.
Detailed landscape plans, sealed by a registered landscape architect, shall be provided
on each tract at the time of Final Site Plan submittal.
4. Deceleration and left turn lanes. The Owner of the Land has voluntarily agreed
to and shall provide left-hand turn lanes for both directions of travel located at the ultimate
median opening on Trophy Club Drive as shown on Exhibit "B" (Site Plan). A deceleration lane
will be provided along Trophy Club Drive as shown on Exhibit 'B" (Site PIan). Construction
of the deceleration and left-hand turn lanes shall be constructed at the same time as the
reconstruction of Trophy Club Drive by the Town.
5. Hours of operation of uses. Hours of operation for the uses set forth herein shall
be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls shall be allowed
only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted,
including but not limited to, truck lot, pedestrian walkway, tent or other sales.
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 8 of 12
DOC Y: 315892
6. Accesso[y uses. Accessory uses shall be permitted in accordance with the
regulations set forth in Section 35, "Accessory Buildings," of the Comprehensive Zoning
Ordinance.
7. Conditional uses. No conditional uses shall be permitted.
8. Limitation of uses. Any use not expressly provided for in this Ordinance or
otherwise allowed by law is prohibited.
9. Building materials. All main and accessory buildings shall be of exterior fire
resistant construction having at least eighty percent (80%) of the total exterior walls, excluding
doors, windows and porches, constructed of brick, stone or other masonry or material of equal
characteristics in accordance with the Town's Building Code and Fire Code. All buildings and
structures shall be constructed of natural stone with a metal type roof. All windows and doors
shall be of wood construction. Typical elevations are provided with this Ordinance (see Exhibit
"I" to illustrate the conceptual architectural style and detail.
(a) Vertical walls of each building exclusive of doors and windows shall be of one
hundred percent (100%) masonry. All vertical walls visible from the street shall
be an Austin Stone or similar material. Split concrete block or similar material
may be used on rear exteriors not visible from the street.
(b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and
columns. All windows and doors shall be of wooden construction. All windows
and doors shall have gridded lite panes.
(c) The roof of any building shall be galvalum construction and shall be allowed to
weather to a natural color, and shall be of a uniform color. No application of a
colored paint shall be allowed. All roofs shall be properly maintained by the
building owner.
10. Development schedule. The Land shall be developed in accordance with the
following schedule submitted by the Owner/Developer;
January 1, 1996 to December 31, 1997
Bank Site
Convenience Site with Gasoline Sales
Office Building
January 1, 1997 to December 31, 1998
Second Office Building
Retail Building
EXHIBIT C TO ORDINANCE NO. 9 5- 2 0
DOC N: 315892
14,000 - 22,00 square feet
14,000 square feet
16,000 to 20,000 square feet
Page 9 of 12
January 1, 1998 to December 31, 1999
Complete remaining office and retail development
Every six (6) months following the approval of this Ordinance, the Building Inspector
shall report to the Planning and Zoning Commission and the Town Council the actual
development accomplished as compared with the development schedule submitted by the
Owner/Developer of the Land.
If, in the opinion of the Planning and Zoning Commission or the Town Council, the
Owner/Developer has failed to meet the approved development schedule, the PIanning and
Zoning Commission or the Town Council may initiate proceedings to amend all or part of the
zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the
recommendation of the Planning and Zoning Commission, after all hearings have been held as
required by law, the Town Council may amend all or part of the zoning of the Land and/or
amend the provisions of this Ordinance to extend the development schedule or adopt such new
development schedule as may be indicated by the facts and conditions then existing.
11. Landscaped islands/parking. Per the landscape ordinance of the Town of Trophy
CIub, a landscaped island shall be provided for every 12 parking spaces.
12. Additional parking standards. Parking shall be provided in accordance with the
ratios identified on the plan. Shared parking is allowed and can be used in calculations to
provide minimum total spaces for overall site.
13. Handicapped parking. Handicapped/accessible parking, including van accessible
spaces shall be provided per Town standards.
14. Parking lot lighting. All parking lot lighting shall be located approximately as
shown on the PD Site Plan (Exhibit B). Poles shall be a maximum of 20 feet in height. Pole
lighting shall be oriented down and away from all adjacent properties. Building lighting shall
be mounted to building face or in ground fixtures and oriented to wash building with light.
Specific light standards shall be included on final site plan requests and included in final
landscape plans and signage plans.
15. Screening fence. The screening fence shown on the PD Site Plan (attached hereto
as Exhibit "B") shall be of woodcrete construction with a wood panel design (see detail attached
hereto as Exhibit "K") and a minimum of 8 feet in height. This height shall be measured from
existing grade. Fence shall be constructed completely on the commercial property in accordance
with Town standards. Developer shall construct wooden fence connections between existing
residential fences and proposed woodcrete fence. Connections shall be of like construction to
existing fences. Fence contractor shall design specific, per lot fence grades per existing
conditions and will not hinder or impede current utility or drainage conditions.
16. Signs. 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, shall have been approved
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 14 of 12
DOC #: 315992
by the Town Council. Upon approval of the sign plan, the plan shall become a part of this
ordinance as if copied herein in its entirety. The signs reflected on the sign plan shall conform
to applicable ordinances of the Town and with the following:
a. Main Sign - Monument type located within landscaped area at front corner of site.
To be a maximum of four (4) feet in height, fifteen (15) feet in length and sixty
(50) square feet in total area.
b. Site Identification Signage - Monument type located within landscaped areas along
street frontages. To be a maximum of four (4) feet in height, ten (10) feet in
length, and forty (40) square feet in total area. No product advertising shall be
allowed.
C. Building Signage - Placard type signage shall be permitted on the building face
and entry doors to identify specific users; signage shall be designed in conjunction
with the building architecture.
d. Directional Signage - all directional, safety and handicapped signage shall be of
a character so as to complement the project and be of wooden construction.
e. All signage shall be externally lighted only. No neon or similar type lighting is
permitted.
f. No signage of any type shall be displayed in window areas of any building. No
banner or temporary sign shall be allowed on the exterior of any building.
g. No pole -type identification signs shall be allowed.
h. All signage shall be located so as to avoid traffic obstructions and outside of any
sight easements.
17. Fire lanes. Fire lanes are as shown on plan. Location and detail shall be
provided at the time of Final Site Plan approval and shall be approved by the fire department.
18. Final siteplan: Any Final Site Plan request shall include, among other things:
(a) The detailed site plan per Town standards;
(b) The final architectural elevations and materials;
(c) The final landscape and irrigation plans; and
(d) An updated PD concept plan which illustrates any site planning changes modified
by the proposed Final Site Plan.
Upon approval, the said Site Plan shall become a part of this Ordinance.
EXHIBIT C TO O"INANCE NO, 9 5 - 2 0 Page 11 of 12
DOC #: 315992
19. Outdoor storage. No outdoor storage, except for refuse disposal shall be
permitted on the land. All dumpsters are prohibited at the rear of any buildings. Dumpsters
are to be enclosed on all sides with Masonry walls and gates of similar architectural style of the
buildings. 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 CIub standards.
20. Mechanical and electrical equipment. Mechanical and electrical equipment,
including air conditioning units, shall be designed, installed and operated to minimum noise
impact on surrounding property. All such equipment shall be screened from public view.
21. Lighting. Lighting shall be designed to reflect down or away from any adjacent
residential area:
(a) Pole Lamps shall be a maximum of twenty (20) feet in height. Pole lighting shall
be oriented down and away from all adjacent properties. Pole lamps should be
of the quality of a Sternberg Ripon -A fixture. All light will be a white light.
(b) Building Lighting shall be mounted to the building face at a height not to exceed
eight (S) feet or in ground fixtures and oriented to wash the building with light.
All wall or ground fixtures should be made of like materials of the Sternberg
Ripon -A fixture and maintain the verde green color.
An overall site lighting plan shall accompany the final site plan meeting all the requirements of
this Ordinance and all other applicable ordinances of the Town. The site lighting plan shall
subject to review and approval by the Town Council.
22. Minor site Planning modifications. It is understood that the approval of this plan
does not deny the opportunity to make minor site planning modifications as it relates to building
and lot layout and configuration. The Town shall continue to maintain the intent of this plan in
all subsequent approval processes.
EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 12 of 12
DOC #: 315892
DECLARATION
G7I
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
THE VILLAGE AT TROPHY CLUB
TROPHY CLUB, TEXAS
(To Be Finalized Prior• To Final Plat Approval)
Page I
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TABLE OF CONTENTS
ARTICLE I.
Appointment
DEVELOPMENT STANDARDS
A.
GENERAL PURPOSE.
B.
USES
C.
BUILDING PERMIT REQUIREMENTS
D.
HEIGHT REGULATIONS
E.
AREA REGULATIONS
F.
SCREENINGS +FIE' RING REGULATIONS
G.
LANDSCAPING REQUIREMENTS
H.
OFF STREET LOADING
I.
HOURS OF OPERATION
J.
OFF-SITE PUBLIC IMPROVEMENTS
K.
DESIGN REQUIRE, ME NTS
L.
PROJECT GRADES/ELEVATIONS
ARTICLE II
ARCHITECTURAL CONTROL
2.01
Appointment
2.02
Successors
2.03
Authority
2.04
Procedure For Approval
2.05
Standards
2.06
Liability of Committee
ARTICLE HI
GENERAL PROVISIONS
3.01
Recorded Plat
3.02
Mortgage
3.03
Term
3.04
Severability
3.05
Binding Effect
3.06
Enforcement
3.07
Definition of Owner
3.08
Addresses
EXHIBIT A:
LEGAL DESCRIPTION
EXHIBIT B:
PD SITE PLAN
EXHIBIT E:
LANDSCAPING CONCEPT PLAN
EXHIBIT F:
APPROVED PLANT LIST
EXHIBIT G:
POTENTIAL ALTERNATE SITE PLAN
EXHIBIT H:
PROPOSED ELEVATIONS I SITE LINES
EXHIBIT I:
CONCEPT ELEVATIONS
Page 2
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THE VILLAGE AT TROPHY CLUB
TROPHY CLUB, TEXAS
T.HE STATE OF TEXAS
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS
THAT Oakmont Enterprises, Inc., a Texas corporation (the "Declarant") is the
owner of approximately 9.947 acres (the "Addition"), an Addition to the Town of
Trophy Club (the "Town"), Texas, according to the Plat thereof (the "Plat")
recorded in of the Map of Records of Denton County (the "County"),
Texas.
Declarant hereby declares that all of the property described above shall be Feld, sold
and conveyed subject to the following easements, restrictions, covenants and
conditions, and subject to that Declaration of Covenants and Deed restrictions
recorded in Volume , Page of the Deed of Records of Denton
County, Texas (the "Addition CCR's") which are for the purpose of establishing a
general scheme for the development of all of the lots in the addition and for the
Purpose of enhancing and protecting the value, attractiveness and desirability of
said lots and which shall run with the land and be binding on all parties having or
acquiring any right, title or interest in the property or any part thereof, and which
shall inure to the benefit of each owner thereof.
ARTICLE I
DEVELOPMENT STANDARDS
A. GENERAL PURPOSE.
1. Project Development: The purpose of this Non -Residential Planned
Development is to allow retail, commercial and office development and services.
This project shall provide uses complementary to the needs of the area, designed
to harmonize with the residential character of the Town and planned within a
landscaped environment that helps to create a `Visual entry" into Trophy Club.
The ultimate development will also make a considerable contribution to the tat
base of the Town.
2. Project Approvals: The PD Development has been requested to provide
the provisions, allowances and specific design criteria needed to create a uniquely
planned and designed commercial development. The project goal is to both
provide an atmosphere of the highest possible quality for the Town of Trophy Club
Page 3
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and to maintain a successful environment for the owners and operators of the
proposed Development.
This combination of quality and success is the purpose of the proposed
Development and will assist in maintaining the highest standards of living for the
residents of Trophy Club both now and in the fuhue.
Within this framework, the ultimate development plan may vary as the final
property configurations and building designs are determined. The purpose of the
attached Exhibit B: PD Site Plan, subsequent to its approval by the Town Council,
will be to provide a framework and system of checks and balances to guide the
ultimate development of the project. The process for Final Site Plan with the
required Revised PD Site PIan or Plans, (see Paragraph C below) is intended to
allow the Town the consideration of approvals of individual components of the
Development, as they occur, to insure that they shall meet the spirit and intent of
the original Exhibit B: PD Site Plan and the PD Ordinance and their conditions and
Provisions. As an example, the attached Exhibit G: Potential Alternate Site Plan
illustrates an example of a potential final site configuration and building design
which maintains the design elements established in Exhibit B: PD Site Plan.
Unless specifically addressed to the contrary herein, all applicable ordinances and
standards of the Town of Trophy Club shall apply. In the case of a conflict, the
PD Ordinance shall govern.
3. General Definition of Terms Herein. As used herein the following terms
shall have these meanings:
(a) Development: The entire 9.947 land area of the project.
(b) Developer: The then cuiTent owner of the Development and/or the
Tract being referred to.
(c) Tract: The portion or portions of the Development which have
been platted or are being proposed to be platted into smaller parcels of the
whole Development under preliminary or final plats which are subject to all
of the provisions and regulations of this PD Ordinance.
(d) PD Ordinance: The entire final Non -Residential Planned
Development Ordinance of which this Exhibit is a part which has been
approved by the Town Council and filed of record in Denton County,
Texas.
B. USES: The land shall be used and no building shall be installed, erected for or
converted to any use other than as hereinafter provided.
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B.1. Permitted Principal Uses by Tracts.
B.L(a) Tract 4: Office/Commercial
Shall permit the following principal uses:
1. Administrative, Executive, Editorial
Off -ice
2. Accounting Office
3. Architectural, Engineering, Planning
Office
4. Attonney's Office
5. Physician or Dentist
6. Municipal Administration and Public
Service Buildings
7. Insurance Office
8. Personal or Family Counselor
9. Public Secretary
10. Bank, Savings and Loan
11. Mortgage Company
12. Interior Design and Supply Services
13. Specialty Neighborhood Services
14. Title Company
15. Health and Athletic Services
16. Weight Reduction Services
17. Medical, Dental, Chiropractic,
Optometry, etc.
18. Real Estate Office
19. Art Studio
20, Dance Studio
21. Duplication and Mailing Service
22. Printing, Publishing and Engraving
23. Educational Services
24. Private Health Clubs
Tract 3: Transition from Office & Commercial to Retail
Shall permit all of the Tract 4 uses plus the following:
1. Restaurants- no drive-thru or drive-in 4. Photographic Service and Studio
2. Restaurants with Alcoholic Beverage 5. Specialty Gourmet Food Stores
Sales (subject to required Town 6. Bakery Shop
approvals) 7. Dry Cleaners (Pick up and Delivery
3. Office Supply only)
B.I(c) Tract 1: Retail/Commercial
Shall permit all of the uses of Tracts 3 & 4 plus the following:
1. Book Stores
2. Stationery, Card and Party Stores
3. Specialty Gift Stores
4. Computer and Electronic Sales and
Service Stores
5. Specialty Neighborhood Services
Shops
6. Barber, Nail and Beauty Shops
7. Art Gallery
8. Confectionery Shops
9. Ice Cream Shops
10. Drug Stores, Apothecary and
Page 5
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Phannacy
11. Jewelry and Watch Store
12. Florist
13. Arts, Crafts and Hobby Stores
14. Specialty Household Furnishings and
Fixtures
15. Boutiques
16. Antique Shops
17. Neighborhood Hardware Stores
18. Small Household Appliance Store
19. Bicycle Shops (non -motorized)
20. Wearing Apparel and Shoe Shops
21. Art Supply Store 25, MusicNideo Store (no video arcade
22. Electric Goods and Fixtures machines allowed, no adult video
23. Sporting Good Stores sales or rentals allowed)
24. Fabric and Knitting Shops
B.1(d) Tract 2: Retail/Commercial
Shall permit all of the uses of Tract 3, Tract 4 and Tract 1, plus the
following:
L Convenience Store with Gasoline Sales (no truck diesel, no cigarette wrapping papers,
nor any adult magazine or video sales allowed, no video arcade machines allowed).
B.2. Accessory Uses: Accessory uses shall be permitted in accordance with the
regulations provided in the Section 35 of the Zoning Ordinance of the Town of Trophy
Club. Outdoor pay phones shall not be permitted anywhere on the Development.
8.3. Conditional Uses: Conditional uses may be permitted in accordance with the
regulations provided in Section 42 of the Zoning Ordinance of the Town of Trophy Club.
B.4. Limitation of Uses: Unless described in Section B. herein and/or as deter ined
by the Town at the time of building permitting, no additional uses shall be allowed.
C. BUIILDING PERMIT REQUIREMENTS: No application for a building permit
for the construction of a building shall be approved unless:
1. A Final Plat on all or a portion of the Tract on which the building is to be
built, meeting all requirements of the PD Ordinance, has been approved by the
Town Council and recorded in the official records of the County in which the
property is located;
2. A Final Site Plan on the platted portion of the Tract on which the building
is to be built, meeting all the requirements of the PD District, has been approved
by the Town Council;
3. A revised PD Site Plan, if so required by the Town sta, meeting the
spirit and intent of Exhibit B: PD Site Plan and this PD Ordinance, has been
approved by the Town Council as a part of the Final Site PIan (as defined above in
C.1.);
4. A detailed Landscape Plan accompanying the Final Site Plan, as prepared
by a registered landscape architect, and meeting all requirements of the PD
Ordinance, has been approved by the Town Council;
5. An overall Signage Plan accompanying the Final Site Plan, meeting all
requirements of the PD District, has been approved by the Town. Council;
Page G
DRAFT
6. An overall Site Lighting Plan accompanying the Final Site Plan, meeting
all requirements of the PD District, has been approved by the Town. Council.
7. The Architectural Review Committee shall have reviewed the building
and landscape plans, which are required by the covenants and restrictions
associated with this project. No construction is allowed without the written
approval of the Architectural Control Committee.
D. HEIGHT REGULATIONS: No building shall exceed thirty-five (3 5) feet or one
(1) story in total height.
E. AREA REGULATIONS: The following standards shall be required:
1. Minimum Open Space: At least twenty percent (20%) of the total. Tract
area shall be devoted to non -vehicular open space. (Non -vehicular open space is
any area not devoted to buildings, parking, loading, storage, or vehicular use.)
2. Maximum Building Coverage: The combined area covered by all main
and accessory buildings and structures shall not exceed forty percent (40%) of the
total Tract area.
3. Maximum Building Square Footage: The building square footage for
all or a part of Tracts 1-4 shall not exceed the following:
Tract 1: Tract i shall be restricted to a minimums of two (2) buildings. No
building shall be larger than 20,000 square feet.
Tract 2: Tract 2 shall be restricted to a minimum of one (1) building. No
building shall be larger than 8500 square feet.
Tract 3: Tract 3 shall be restricted to minimum of one (1) building. No
building shall be larger than 8500 square feet.
Tract 4: Tract 4 shall be restricted to minimum of two (2) buildings. No
building shall be larger than 22,000 square feet.
4. Off Street Parldng. Landscaped islands shall be provided for every
twelve (12) parking spaces. Handicapped/Accessible parking, including van
accessible spaces, shall be provided according to Town standards. The im 'mum
number of parking spaces for each Tract shall be 1. space for every 300 square feet
of building area on the Tract.
5. Tract Subdivisions. The Tracts 1-4 as defined herein ' in this PD
Ordinance and shown on the attached Exhibit B: PD Site Plan may be subdivided,
combined, and/or slightly varied on their adjoining property lines through the Final
Plat approval process. However, all such subdivided or varied Tracts shall
Page 7
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colrform. to the regulations herein defined for the Tracts from which they were
originally a part and carry out the original spirit and intent of the PD Ordinance.
Note: Buildings identified on Exhibit B: PD Site Plan attached hereto are a
schematic repi•eselltatioll, arnd jnntal building connfngntratiorns nnay vary, brut shall ill
all respects con forrnz to the regulations defined herein, and be subject to Pinnal
Site Plan approvals as defined herein.
6. 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 Tract area.
7. Depth of Front Yard, 30 ft. minimum from the property line.
8. Depth of Rear Yard, 40 ft. minimum from the property line.
9. Width of Side Yard on each side, 15 ft. minimum from the property line.
F. SCREENINGIBUFFElRING REGULATIONS:
1. All principal buildings and structures shall be set back a minimum of forty
feet (40') from any common residential property line.
2. A thirty foot (30') continuous landscape buffer shall be provided along the
single family property line as indicated on Exhibit B: PD Site Plan and Exhibit E -
Landscape Concept Plan. The buffer shall be graded so as to closely maintain the
existing grades and shall be landscaped with evergreen trees from Exhibit F:
Approved Plant List . The thirty foot (30') continuous landscape buffer shall be
irrigated. Maintenance of the landscape buffer and irrigation shall be tine
responsibility of the commercial owners. The landscaping and irrigation
installation along the entire landscape buffer shall commence in the first phase of
any development of the Development and be completed prior to any issuance of
certificate of occupancy.
3. A continuous eight foot (8') "Wooderete" fence shall be provided along
the single family property lines and said fence shall be constructed completely on
the commercial property and with. adjacent owners permission as per the Town of
Trophy Club Fence Ordinance. Eight foot (8') Austin Stone columns will be
constructed at all property corners of single family lots. The fence height shall be
measured from the existing grade. The Developer at its sole expense shall remove
all rear wood fencing and construct wooden fence connections between. existiing
residential fences and the "Wooderete" screening fence. Cornnnections shall be of
Eke construction to existing fences. Fence contractor shall design specific per lot
fence grades per existing conditions and will not binder or impede current utility or
Page 8
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drainage conditions. The fence construction shall commence in the first please of
any development of the Development and completed in its entirety prior to the
issuance of any certificate of occupancy.
G. LANDSCAPING REQUIREMENTS.
1. Landscaping shall be required in Accordance with Section 46, Landscaping
Regulations of the Town of Trophy Club Zoning Ordinance.
2. Benning and landscaping shall be utilized along street frontages, when
Possible, to screen parking from public view.
3. All landscaped areas shall be irrigated.
4. Landscaping shall be maintained by the property owners. Any dead plant
materials will be replaced in a timely manner.
5. All plant materials must be selected fiorn the Approved Plant List. (See
Exhibit F)
H. Or, F STREET LOADING. Off street loading shall be provided as required by
Section 48, Off -Street Loading requirements of the Town of Trophy Club Zoning
Ordinance. Loading docks shall not be permitted.
1. HOURS OF OPERATION. Hours of operation for the uses set forth shall be
no longer than from 6:00 A.M. to 1.1:00 P.M. Deliveries and service calls are allowed
only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted,
including, but not limited to, truck lot, pedestrian walkway, tent or other sales,
J. OFF-SITE PUBLIC IMPROVEMENTS:. The Developer shall provide left
hand turn lanes for both directions of travel located at the ultimate median opening on
Trophy Club Drive as shown on Exhibit B: PD Site Plan. A deceleration lame shall be
provided along Trophy Club Drive as shown on Exhibit B: PD Site Plan. Construction of
the deceleration and left turn lanes shall be constructed at the time of reconstruction of
Trophy Club Drive by the Town.
K. DESIGN RE, QUIREMENTS.
1. No outdoor storage, except for refiise disposal shall be permitted. All
dumpsters are prohibited at the rear of any buildings. Dampsters are to be
enclosed on all sides with masonry walls and gates of similar architectural style of
the buildings. 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 standards.
Page 9
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2. 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.
3. Lighting shall be designed to provide security and safety for the
Development and shall be oriented down or away from any adjacent residential.
area.
(a) Pole Lamps shall be a maximum of twenty feet (20') in height. Pole
lighting shall be oriented down and away from all adjacent properties. Pole
lamps should be of the quality of a Sternberg Ripon -A fixture. All light
will be a white light.
(b) Building Lighting shall be mounted to the building face at a height
not to exceed eight feet (8') or in ground fixtures and oriented to wash the
building with light. All wall or ground fixtures should be made of like
materials of the Sternberg Ripon -A fixture and maintain the Verde green
color.
4. Building Materials: Concept Elevations have been prepared and
attached herein as Exhibit 1. Such elevations are schematic representations and
final building elevations and designs may vary, but shall in all respects conform to
the regulations defined herein, and be subject to Final Site Plan approvals as
defined herein.
(a) Vertical walls of each. building exclusive of doors and windows
shall be one hundred percent (100%) masonry. All vertical walls visible
from the street shall be a Austin Stone or similar material. Split concrete
block or similar material can be used on rear exteriors not visible from the
street.
(b) Wood treatment shall be confined to soffits, gable ends, porch
ceilings and columns. All windows and doors shall be of wooden
construction. All windows and doors shall have gridded lite panes.
(c) The roof shall. be standing seam -metal construction and shall be
allowed to weather to a natural color. No application of colored paint shall
be allowed. All roofs will be maintained in a quality manner by the building
owner.
5. Signage:
(a) Main Sign - Monument sign located within the landscaped area at
the font corner of the site. To be a maximum. of four (4) feet in height,
Page 10
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fifteen (15) feet in length and sixty (60) square feet in total area. The
Purpose of this sign is to identify the overall development name and Delp
introduce the Town of Trophy Club.
(b) Site Identification Signage - Monument type located within
landscaped areas along street frontages. To be a maximum of four (4) feet
in height, ten (10) feet in length and forty (40) square feet in total area. No
product advertising allowed.
(c) Building Signage - Placard signage shall. be allowed on the
building face and entry doors to identify specific users; signage sball be
designed in conjunction with the building architecture.
(d) All signage to be externally lighted only.
(e) No signage shall be allowed to be displayed in window areas of the
buildings. No banner or temporary signage shall be allowed on the exterior
of the buildings.
(f) No `dole type" identifications signs shall be allowed.
6. Dumpsters: All dumpsters shall be provided at the sides or fronts of
building structures. Dumpsters shall be screened from public view in a manner that
is architecturally compatible with the character of the Development, when
possible, landscaping shall be used in conjunction with any enclosures to provide
additional screening of the dumpster.
L. PROJECT GRADESIELEVATIONS: The final grades and elevations for
the Development will be determined at the time of platting and be prepared by a qualified
registered professional engineer. These final grades will closely reflect those elevations and
sight lines illustrated on the attached Exhibit H: Proposed Elevation Site Lines,
ARTICLE II
ARCMTECTURAL CONTROL
2.01 Appointment. Declarant may designate and appoint an Architectural Control
Committee (herein called the "Committee") composed of three (3) individuals. each
generally familiar with the residential and community development design matters and
knowledgeable about Declarant's concern for a high level of taste and design standards
within the Addition. The Committee shall use its reasonable best efforts to promote and
ensure a high level of taste, design, quality, harmony and conformity throughout the
Addition consistent with the Declaration.
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2.02 Successors. In the event of the death, resignation or removal by Declarant of any
member of the Committee, Declarant may appoint a successor member. Declarant shall
have full authority to designate and appoint a successor. No member of the Committee
shall be entitled to compensation for, or be liable for claims, causes of action or damages
arising out of, services performed, or not performed, pursuant to this Declaration.
2.03 Authority. No building, fence, wall, landscaping, or other structure shall be
commenced, erected, placed, maintained or altered on any lot, nor shall' any exterior
Painting of, exterior addition to, or alteration of, such items be made until all construction
and landscaping plans and specifications and plot plan have been submitted to and
approved in writing by a majority of the members of the Committee as to:
(a) quality of workmanship and materials, adequacy of site dimensions,
adequacy of structural design, proper facing of main elevation with respect to
nearby streets as specified in this Declaration;
(b) conformity and harmony of the external design, color, type and appearance
of exterior surfaces and landscaping as specified in this Declaration, and;
(c) the other standards set forth within this Declaration or matters in which the
Committee has been vested with the authority to render a final interpretation and
decision.
The Committee is authorized and empowered but not obligated to consider, review and
approve any and all aspects of construction and landscaping which may, in the reasonable
opinion of the Committee, adversely or positively affect one or more owners or the
general value of lots in the Addition and, pursuant thereto, the Committee shall require the
submission of plans and specifications therefore prior to the commencement, or during
the process, of such construction or landscaping. In considering the hannony of external
design between existing structures and the proposed building being erected, pieced or
altered, the Committee shall consider the general appearance of the proposed building as
that can be determined from front, rear, and side elevations on submitted plans.
2.04 Procedure for Approval. Preliminary an final construction plans and
specifications, and grading plans and landscaping plans and specifications shall. be
submitted in duplicate to the Committee. The plans and specifications shall shown the
nature, kind, shape, height, materials and location of all landscaping and improvements.
The Committee is authorized to request the submission of samples -of proposed
construction materials. At such time as the plan and specifications meet the approval of
the Committee, one complete set of plans and specifications will be retained by the
Committee and the other complete set of plans shall be marked "Approved", signed by a
member or representative of the Committee and returned to the lot owner or his
designated representative.
Page 12
DRA.Fr
If disapproved by the Committee, one set of such plans shall be returned marked
`Disapproved" and shall be accompanied by a reasonable statement of the reasons for
disapproval, which statement shall be signed by a member or representative of the
Committee. Any modification of the approved set of plans and specifications must again
be submitted to the Committee for its approval. Tiie Committee's approval or
disapproval, as required herein, shall be in writing. In no event shall any verbal approval.
of any plans be effective. If the Committee fails to approve or disapprove such plans and
specifications within thirty (30) days after the date of submission, written approval of the
matters submitted shall not be required and compliance with this Article shall be deemed
to have been completed. In case of a dispute about whether the Committee responded
within such. time period, the person submitting the plans shall have the burden of
establishing that the Committee actually received the plans. The Committee's receipt of
the plans may be established by a signed certified mail receipt.
2.05 Standards. The Committee may fiom time to time publish and promulgate
regarding architectural standards, which shall be fair, reasonable and uniformly applied and
shall carry forward the spirit and intention of this Declaration.
2.06 Liability of Committee. Neither the Committee nor the individual members of
the Committee shall have any liability for decisions made, or not made, by the Committee
so long as such decisions are made in good faith and are not arbitrary or capricious. Any
errors in or omissions from the plans or the site plan submitted to the Committee shall be
the responsibility of the owner of the lot to which the improvements relate, and the
Committee shall have no obligation to check for errors in or omissions from any such
plans, or to check for such plans' compliance with general provisions of this Declaration,
Town codes, State statues or the common Iaw, whether the same relate to lot lines,
building lines, easements or any other issue.
ARTICLE ICC
GENERAL PROVISIONS
3.01 Recorded Plat. All dedications, limitations, restrictions and reservations shown
on the Plat are incorporated herein and shall be constructed as being adopted in each
contract, deed or conveyance executed or to be executed by Declarant, conveying lots in
the addition whether specifically referred to therein or not.
3.02 Mortgage. It is expressly provided that the breach of any of the foregoing
conditions shall not defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value, as to the same premises or any part thereof encumbered
by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots
acquired by foreclosive, trustee's sale or otherwise, as to any breach occurring after such
acquisition of title.
Page 13
DRAFT
3.03 Term. The foregoing covenants and restrictions shall run with and bind the land
and shall remain in full force and effect for a tern of thirty-five (35) years after this
Declaration id recorded. They shall be automatically extended for successive periods of
ten (10) years unless amended as provided herein or as allowed by applicable'law.
3.04 Severability. If any condition, covenant or restriction herein contained shall be
invalid, which invalidity shall not be presumed until the same is determined by the
judgment or order of a court of competent jurisdiction, such invalidity shall in no way
affect any other condition, covenant or restriction, each of which shall remain in full force
and effect.
3.05 Binding Effect. Each of the conditions, covenants, restrictions and agreements
herein contained is made for the mutual benefit of, and is binding upon, each and every
person acquiring any part of the Addition, it being of the owner of any land except land in
the Addition and the same shall inure to the benefit of owners of land in the Addition and
Declarant, its successors and assigns. This instrument, when executed, shall be filed of
record in the deed records of the County so that each and every owner or purchaser or any
portion of the Addition is on notice of the conditions, covenants, restrictions and
agreements herein contained.
3.06 Enforcement. Declarant and/or the owner of any lot in the Addition shall have
the easement and right to have each and all of the foregoing restrictions, conditions, and
covenants herein faithfully carried out and performed with reference to each and every lot
in the Addition, together with the right to bring any suit or undertake any legal process
that may be proper to enforce the performance thereof, it being the intention hereby to
attach to each lot in the Addition, without reference to when it was sold, the right and
easement to have such restrictions, conditions and covenants strictly complied with, such
light to exist with the owner of each lot and to apply to all. other lots in the Addition
whether owned by the undersigned, its successors and assigns, or others. Failure by any
owner, including Declarant, to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
3.07 Definition of "Owner". As used herein, the term "owner" shall refer to the
record owner, whether one or more persons or entities (including contract sellers), of the
fee simple title to a lot, but not including those having an interest merely as security for the
performance of an obligation.
Page 14
DRAFT
3.08 Addresses. Any notices or correspondence to an owner of a lot shall be
addressed to the street address of the lot. Any notices or correspondence to the
coinmittee shall be addressed to the address shown opposite the signature of Declarant
below or to such other address as is specified by the Committee pursuant to an instrument
recorded in the deed records of the County.
EXECUTED this day of 199
By:
By:
Page 15
DRA,t+ r
I E],XHMIT )F
APPROV>!;D PLAINT LIST
Large Slade Trees
Minimum Size
Pecan
3 112 " - 411
Holley Locust
3 1/2 " - 411
Sweetguuu
3 112 " - 4 "
Southeast Red Oak
4 " - 4 1/2 "
Bur Oak
3 1/2 " - 4 "
Water Oak
3 1/211- 4 "
Shumard Oak
4 " - 4 1/2 "
Live Oak
4 " - 4 1/2 "
Bald Cypress
3 1/2 ,_ 4
Cedar Elm
4 4 1/2
LobIo.11y Pine
112 " - 4 "
Elderica Pine
; 1/2 11 _ 411
Japanese Black Pine
3 112 " - 4 "
Small Accent Trees
Minimum Size
White Redbud
T Height
Oklahoma
T Height
Deciduous Yaupon
T Height
Yaupon Holly
7' Height
Crap ernyrtle
7' Height
Flowering Crabapple
7' Height
Bradford Pear
T Height
Texas Mountain Laurel
T Height
Note: Caliper measurements shall be measured 12" above the top of the ball
of the plant.
DRAFT
APPROVEID —PLANT LIST
(continued)
Shrubs
Minimum Size
Azalea Species
3 Gallon
Kuruine Hybrid
I Gallon
Glendale Hydrid
I Gallon
Mentor Barberry
3 Gallon
Japanese Cleyera
3 Gallon
Cotoneaster parneyi
3 Gallon
Thorny Elaeagnus
3 Gallon
Bulford Holly
2 Gallon
Dwarf Burford Holly
2 Gallon
Dwarf Chinese Holly
2 Gallon
Dwarf Yaupon Holly
2 Gallon
Leatherleaf Mahonia
3 Gallon
Nandnua
3 Gallon
Dwarf Nandina 'Purpure
2 Gallon
Indian Hawthorn
3 Gallon
Standard: 'Jack Evans'
or'Springtime'
Dwarf 'Enchantrees'
or Ballerina'
DRAFT
Groundcover
Minimum Size
English Ivy
4" Pot
Blue Pacific Juniper
I Gallon
Bar Harbor Juniper
I Gallon
Wilton Juniper
1. Gallon
Big Blue Liriope
4" Pot
Purple Japanese Honeysuckle
4" Pot
Mondo Grass
4" Pot
Asian Jasmine
4" Pot
Vines
Minimum Size
Carolina Jessamine
2 Gallon
Coral Honeysuclde
2 Gallon
Virginia Creeper
1 Gallon
Boston Ivy
1 Gallon
Lady Banks Rose
2 Gallon
Chinese Wisteria
5 Gallon
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APPROVED PLANT LIST
Large Shade Trees
Minimum Size
Pecan
3 1/2 " - 4 "
Honey Locust
3 1/2 ° - 4 "
Sweetguin
3 1/2 " - 4 „
Southern Red Oak
4 " - 4 1/2 "
Bur Oak
31/2"- 4"
Water Oak
3 1/211- 411
Slrurrrard Oak
4 " - 4 1/2 "
Live Oak
4"- 41/2"
Bald Cypress
3 1./2 " - 4 "
Cedar Elm
4 " - 4 1/2 "
Loblolly Pine
3 1/2 " - 411
Elderica Pine
3 1/2 " - 4 "
Japanese Black Pine
3 1/211- 411
Small Accent Trees
Minimum Size
White Redbud
7' Height
Oklaboma
T Heiglrt
Deciduous Yaupon
T Heiglrt
Yaupon Holly
T Height
Crapemyrtle
7' Height
Flowering Crabapple
T Height
Bradford Pear
T Height
Texas Mountain Laurel
T Height
Note: Caliper measurements shall be measured 12" above the top of the ball
of the plant.
DRAFT
APPROVED PLANT LISW
(continued)
Shrubs
Minimum Size
Azalea Species
3 Gallon
Kurume Hybrid
1 Gallon
Glendale Hydrid
l Gallon
Mentor Barberry
3 Gallon
Japanese Cleyera
3 Gallon
Cotoneaster parneyi
3 Gallon
Thorny Elaeagnus
3 Gallon
Burford Holly
2 Gallon
Dwarf Burford Holly
2 Gallon
Dwarf Chinese Holly
2 Gallon
Dwarf Yaupon Holly
2 Gallon
Leatherleaf Mahonia
3 Gallon
Nandina
3 Gallon
Dwarf Nandina 'Purpure
2 Gallon
Indian Hawthorn
3 Gallon
Standard: 'Jack Evans'
or ' Springtllne'
Dwarf 'Enclrantrees'
or 'Ballerina'
Groundcover
Minimum Size
English Ivy
4" Pot
Blue Pacific Juniper
1 Gallon
Bar Harbor Juniper
l Gallon
Wilton Juniper
1 Gallon.
Big Blue Liriope
4" Pot
Purple Japanese Honeysuckle
4" Pot
Mondo Grass
4" Pot
Asian Jasmine
4" pot
Vines
Minimum Size
Carolina Jessamine
2 Gallon
Coral Honeysuckle
2 Gallon.
Virginia Creeper
I Gallon
Boston Ivy
l Gallon
Lady Banks Rose
2 Gallon
Chinese Wisteria
S Gallon.
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PROFESSIONAL OFFICE;
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TRACT 3
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PROFESSIONAL OFFICES
BANKS
RESTAURANTS
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A I A I N l l Kti1.:1'-A
145805-A A modern replica of a very
popular fixture found on the Main streets
of Many lawns across America, Our
updated version is made of vandal
resistant cast aluminurn and acrylic lenses
in your choice Of texture. Will, refractors,
reflectors and HID himping, you'll have
the verybest of yesterday and today. The
MS805-A scales 16"(1744' on
diagonal)x36 Also available as MS805-
B (not shown), The same fixture without
the decorative "spikes" scales 15W'(17"
on diaganal)x38",
01,1) TOWN A850 -SR
A850 -SR Shown wills our distinctive,
optional, solid roof fur added elegance
and reduced side glare and up -light.
Specify A850 for globe without solid roof.
Scales a very impressive 1Grh"x30" in
lough aluminum and glasslike
poiycarlxinate (Lexan). Shown Iters in u
Black finish, this fixlttrc is normally
welded to die top of Our poles fur
maximum safety, however, it can be
supplied as a slip -fit unit for cunercle,
wood poles, etc. See pages 45 and 51 for
installation photos.
RIPON -A
1130-A Our Verde Crecn finish is used on
a rugged Ilxlllre will, classic design, tough
polycartxut;Ile "glebe", vandal r"ist;utl
cull alutniouin—11strucliun, reduced gLtre
oplics and inlegral ballaM. The A model
scales all 1n1ple 18"05" while [l,e
R111ON-Il 01130-11 %])own uu rags: 36j
has a r;tiled reel' section ;old scales
I8"x40". Either of the fixtures are
available for use oil concrete or wood
poles. See page 13 fur iwaallalion pllulos.
MV_ 100, 175 or 250 watts
175 or 250 watts
HPS 100, 175 or 250 watts
70,100, 150 or 250 walk _
70, 100 or 150 watts 70, 100 or 150 walls
MH 100, 175 or 250 waits 100, 175 or 250 watts
70, 100 or 175 waits
WHY YOU SHOULD SPECIFY STERNBERG
ALUMINUM LIGHT POLES AND FIXTURES
Aluminum naturally resists corrosion by forming aluminum
oxide on any exposed surface. Aluminum oxide is sa tough that
it is used in [lie manufacture of abrasives under the name
carborunduni. Once aluminum oxide forms a coating, it is hard
and inlpemteable. When cast iron rusts it deteriorates. Rust is
water soluble, aluminum oxide is not,
Cast rrPn requires a crane for installation. Slernbcig aluminurn
posts come pre -pained, wrapped in paper shock pads, fully
cartoned and can be handled without cranes in the storage yard,
on the loading dock and on the job site,
Cast iron must have the factory primer touched up after
installation and then it must receive two coals of paint. In
addition, it must he repainted every 2 or 3 years. Aluminum has
a factory applied finish that typically lasts 5 Io 10 years or more.
Slernberg heavy-duty posts are used extensively for bridges
because they can withstand the high wind conditions, salty air,
excessive moisture, extreme high/low temperature factors, car
exhaust fumes and vibrations.
Cast iron posts can rust from the inside out. No matter how
many coats of paint the outside has, moisture can gel into the
inside of the post and rust.
Cast iron is a brilde material and poles made of this material
must be quite thick. When hit by a truck a cast iron pole can
break into heavy pieces that require a crane to remove.
Most fixtures, even those on cast iron posts, are aluminum.
Swrnberg fixtures are manufactured of the linesi quality alloys
.carcrully chosen to withstand the punishment of weather and air
pollution. Our lenses are molded acrylic or polycarbonate for
increased vandal resistance.
Sternberg has almost 70 years experience making decorative
light poles and fixtures. You can trust our quality,
'Lexan is a registered trademark of die General Electric Company.
1.
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AMENDMENTS TO ORDINANCE 95-20
PLANNED DEVELOPMENT 13 - THE VILLAGE
Ordinance #
Date
Description
96-05
03/07/96
Lot
4/Bank
96-07A
06/18/96
Lot
5/Carpenter Bldg.
96-11
08/01/96
Lot
2/Service Station
97-11
04/15/97
Lot
1/Retail Commercial
97-16
08/05/97
"The
Village" Dumpsters
97-23
10/21/97
Lot
2/Drive-thru Eatery
AMENDMENTS TO ORDINANCE 95-20
PLANNED DEVELOPMENT 13 - THE VILLAGE
Ordinance # Date Description
96-05 03/07/96 Lot 4/Bank
96-07A 06/18/96 Lot 5/Carpenter Bldg.
96-11 08/01/96 Lot 2/Service Station
97-11 04/15/97 Lot 1/