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Agenda Packet TC 01/09/2012Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, January 9, 2012 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION - 6:00 P.M. 1.2011-655-T Review and discuss proposed PD-30 Rezoning. Staff Report - PD-30.pdf PD-30 December 15 P&Z Review.pdf Attachments: 2.2011-639-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 9, 2012. 3.2011-640-T Discussion of proposed agenda items for the January 23, 2012 Regular Session Agenda. January 23, 2012 Proposed Agenda Items.pdfAttachments: CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Town Council Page 1 of 125 Meeting Date: Monday, January 6, 2012 January 9, 2012Town Council Meeting Agenda 4.2011-641-T Consider and take appropriate action regarding the Minutes dated December 12, 2011. December 12 2011 Minutes.pdfAttachments: 5.2011-642-T Consider and take appropriate action regarding adopting 2012 Council Goals and Objectives. Strategy Map.pdfAttachments: 6.2011-643-T Consider and take appropriate action regarding a Resolution amending Resolution No. 2011-26 making annual appointments of citizens to serve on Boards, Commissions and Corporations by naming a person appointed to fill a vacancy on the Parks and Recreation Board to serve for the remainder of the unexpired term; and providing an effective date. RES 2012-01 Amending Annual Appointments_Amending Park Board.pdfAttachments: PUBLIC HEARING 7.2011-599-T Public Hearing regarding a request for a zoning change for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Application.pdf PZ Minutes 121511.pdf Attachments: REGULAR SESSION 8.2011-632-T Discuss a zoning change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. 9.2011-646-T Consider and take appropriate action regarding a Developer’s Agreement for the Hampton Inn & Suites to be located at 525 Plaza Drive in Planned Development No. 25 (PD-25), Trophy Wood Business Center. Applicant: Hydra Hotels, LLC Staff Report - Developers Agreement - Hampton Inn.pdf Developer's Agreement - Hampton.pdf Attachment A - Public Infrastructure Costs - Hampton.pdf Attachments: 10.2011-647-T Consider and take appropriate action regarding financial and variance report dated November 2011. November 2011 Town Financials.pdfAttachments: 11.2011-648-T Town Council Liaison Updates; discussion of same: - December 13, Parks and Recreation Board, Council member Tiffany - December 20, TCMUD No. 1 Meeting, Council member Rose Town Council Page 2 of 125 Meeting Date: Monday, January 6, 2012 January 9, 2012Town Council Meeting Agenda 12.2011-649-T Town Manager Slye's update regarding the following; discussion of the same. - Incode Implementation Schedule - Update on Water Tower Project - Update on Bobcat Boulevard and HWY 377 Signal Light - Update on May 2012 Election Schedule - Update on Citizens Financial Advisory Board 13.2011-650-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 14, 2011 Northwest Communities Partnership Meeting - December 14, 2011 SH-114 Stakeholders Luncheon - December 15, 2011 Denton Precinct 4 Meeting 14.2011-651-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Notice is hereby given that a quorum of the Planning & Zoning Commission and/or the Economic Development Corporation 4B may be in attendance at this meeting. Town Council Page 3 of 125 Meeting Date: Monday, January 6, 2012 January 9, 2012Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday 6, 2012 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _________________________________ Shannon DePrater, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2012. ________________________________, Title: ___________________________ Town Council Page 4 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-655-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/3/2012 Town Council On agenda:Final action:1/9/2012 Title:Review and discuss proposed PD-30 Rezoning. Attachments:Staff Report - PD-30.pdf PD-30 December 15 P&Z Review.pdf Action ByDate Action ResultVer. TITLE Review and discuss proposed PD-30 Rezoning. EXPLANATION: Bill Dahlstrom with Jackson Walker on behalf of JSB Properties, L.P. is requesting a zoning change for the 26.354 acre tract of land he owns located at the northeast corner of State Highway 114 and Trophy Club Drive; current zoning is “PO” Professional Office and “CR” Commercial Recreation; requested zoning change is for a Planned Development “PD-30” mixed use of multi-family, retail, professional and recreational type uses. At the January 5 meeting, the EDC-4B Board of Directors adopted the following motion: TheEDC-4B Board recommends that the Town Council continue to refine and ultimately approve PD-30 to develop retail and commercial opportunities that preserve and enhance the Town’s quality of life and is consistent with the Town’s strategic planning and visioning efforts. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: On December 15, 2011, the Planning and Zoning Commission unanimously recommended denial of this rezoning request. Staff does not have a recommendation until a complete document has been provided by the Applicant.On December 15, 2011, the Planning and Zoning Commission unanimously recommended denial of this rezoning request. Staff does not have a recommendation until a complete document has been provided by the Applicant. Town Council Page 5 of 125 Meeting Date: Monday, January 6, 2012 TOWN COUNCIL January 9, 2012 REQUEST: Public Hearing, Discussion and Take Appropriate Action for a Zoning Change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive; current zoning is “PO” Professional Office and “CR” Commercial Recreation; requested zoning change is for a Planned Development “PD-30” mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. APPLICANT/OWNER: JSB Properties, L.P. 12222 Merit Drive, Suite 120 Dallas, TX 75251 EXISTING CONDITION OF THE PROPERTY: Unplatted, consisting of four parcels of land. Three of the four parcels are vacant land. One parcel has an occupied office building with parking lot. Town Council Page 6 of 125 Meeting Date: Monday, January 6, 2012 EXISTING ZONING OF THE PROPERTY “PO” parcel at the corner of State Highway 114 and Trophy Club Drive: approximately 3.4 acres of land. : Three of the four parcels of land are zoned “PO” Professional Office; one parcel is zoned “CR” Commercial Recreation. The parcels are divided into the following acreages: “PO” parcel wrapping around the south portion of the property from Trophy Club Drive to Indian Creek: approximately 13.0 acres of land. “PO” parcel at the corner of Trophy Club Drive and Indian Creek Drive: approximately 4.3 acres of land. “CR” parcel in the middle of the property: approximately 5.6 acres of land. ADJACENT ZONING LAND USES: On the west/northwest side of Trophy Club Drive from State Highway 114 to Indian Creek Drive: (1) Portion of an approximately 10-acre shopping center zoned “PD-13” Planned Development No. 13 containing a variety of commercial retail and commercial office uses; currently the retail and restaurant uses front State Highway 114 and the majority of the commercial office uses front Trophy Club Drive; (2) A Methodist Church, approximately 11-acres, zoned “NS” Neighborhood Services; (3) Portion of a residential neighborhood “The Woods”, zoned R-12. On the north/northeast side of Indian Creek from Trophy Club Drive to Cypress Court: (1) A residential gated community, Hogan’s Glen, zoned “PD-19” Planned Development No. 19 and “PD-17” Planned Development No. 17; On the east side of the property is a residential subdivision “Forest Village Phase 3”, zoned R-12. The south side of the property is adjacent to State Highway 114. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of this rezoning case were notified of this request. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on December 15, 2011 and made the following motion: Vice Chairman Stephens made a motion recommending denial of the rezoning request of PD-30. Commissioner Forest seconded the motion. The vote was unanimous. A complete transcript of the meeting is attached. STAFF RECOMMENDATION: Staff will not have a recommendation until the document is in final form. ch Attachments: Application Planning and Zoning Commission Minutes – December 15, 2011 PD-30 Document – Dated 10/08/11 Town Council Page 7 of 125 Meeting Date: Monday, January 6, 2012 EXHIBIT “B” PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS THE BECK PROPERTY STATE HIGHWAY 114 AND TROPHY CLUB DRIVE 26.354 ACRES C. MEDLIN SURVEY ABSTRACT NO. 283 TROPHY CLUB, TEXAS Town Council Page 8 of 125 Meeting Date: Monday, January 6, 2012 CONTENTS I. GENERAL A. Purpose B. Applicability C. Concurrent Compliance D. Definitions E. Tree Preservation F. Sign Regulations G. Parkland Dedication and Open Space II. DEVELOPMENT STANDARDS A. Uses Permitted B. Site Development C. Setbacks D. Lot Coverage and Floor Area Ratio E. Street Description & Requirements F. Mixed-Use G. Non-Residential Guidelines H. Residential Guidelines I. Parking Guidelines J. Signage and Miscellaneous III. PROCEDURES A. Summary of the Process B. Concept Plan C. Preliminary Site Plan D. Site Plan E. Façade Elevations F. Process for Minor Modifications to the Concept Plan, Preliminary Site, Site Plan and Façade Elevations IV. EXHIBITS A. Exhibit A B. Exhibit A1 C. Exhibit A2 D. Exhibit A3 E. Exhibit B and B1 F. Exhibit C and C1 G. Exhibit D H. Exhibit E I. Exhibit F J. Exhibit G Town Council Page 9 of 125 Meeting Date: Monday, January 6, 2012 I. A. PURPOSE. GENERAL CONDITIONS FOR MIXED-USE ZONING This ordinance shall establish site, development, building and use standards for development within the Property, including mixed-use development, which is characterized by relatively high density of building area and use with the close adjacency of varied uses and reduced or modified parking requirements. With this increased density and adjacency of uses, it is incumbent that the planning and design include enhanced street, sidewalk, hardscape and landscape design and building groupings, street and sidewalk layouts and circulation that promote pedestrian use while efficiently and safely accommodating vehicular traffic. Building standards are intended to ensure that the physical appearance of all buildings are pedestrian friendly, support the demands of the proposed density and use adjacency, and meet all building and life safety codes and requirements. B. APPLICABILITY. This ordinance shall establish site, building, and use standards for development within the following legally described property (the “Property”): Being a 26.354 Acre Overall Site in the C. Medlin Survey, Abstract No. 823, Town of Trophy Club in Denton County, Texas. The Site is bounded to the South by State Highway 114, to the West by Trophy Club Drive, to the North by Indian Creek Drive and to the East by Residential Development “Lake Forest Village, Phase III”. C. CONCURRENT COMPLIANCE. Except as otherwise set forth herein, the regulations, development standards and procedures set forth herein shall be the sole regulations, development standards and procedures applicable to the development of the Property. Development within the Property shall comply with all other current and future applicable Town of Trophy Club, State of Texas and Federal building, life safety, and accessibility codes except as otherwise modified herein. The zoning ordinance of the Town, as amended, shall remain in full force and effect, save and except as amended by this ordinance. In the event of a conflict between any provision in this ordinance including, but not limited to, any regulation, development standard or procedure, with any provision in a Town ordinance or resolution, the provisions in this Ordinance shall control. For purposes of the development standards set forth in this ordinance, the entire Property is considered one lot. D. DEFINITIONS. In addition to Definitions in Chapter 13, Article II of the Town of Trophy Club Zoning Ordinance, the following terms shall have the corresponding interpretations and meanings: Town Council Page 10 of 125 Meeting Date: Monday, January 6, 2012 1. “Building Design” shall mean the orientation, design and development elements set forth in the Exhibits, illustrations, and images in this Ordinance. 2. “Building Line” shall mean the nearest location of a structure measured from the respective right-of-way, street easement or property line. 3. “Circulation Zone” shall mean the pedestrian maneuvering areas set forth in the Exhibits. 4. “Commercial-Ready” means space constructed at a minimum ground floor height of 15’ (floor to floor) which may be used for noncommercial uses and can be converted into retail/commercial use. Prior to the issuance of a certificate of occupancy for a retail/commercial use in a Commercial‐Ready space, the space must comply with all building and construction codes for that use. The intent of Commercial‐Ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/commercial uses accordingly. 5. “Concept Plan” shall mean a general plan for development within the Property that identifies land uses, ingress/egress, and densities for development. 6. “Encroachment” means any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R.O.W, or above a height limit. 7. “Façade Elevations” shall mean the elevations of structures to be constructed on the Property. 8. “Floor Area Ratio” shall mean the ratio of all enclosed building areas divided by the total area of the Property. 9. “Garden Apartments” shall mean stand-alone, low density, two-story multi-family residential buildings with the following characteristics: lack of functionality as a component of (in terms of layout, appearance, etc.), any larger planned grouping of buildings; low density (less than 20 units/acre); lack of pedestrian circulation, active street-life, or a larger sense of community beyond that of the individual complex itself; no integrated mixed uses; lack of building amenities and site enhancements; and contain all surface parking. Townhomes are not garden apartments. 9.10. “Hardscape” shall mean the impervious areas within a development that are used for streets, drives, sidewalks, walkways, retaining walls, trails, and other similar features. Formatted: Indent: Left: 1.04", Hanging: 0.39", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Tab stops: 1.43", List tab + Not at 1" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Bullets and Numbering Town Council Page 11 of 125 Meeting Date: Monday, January 6, 2012 10.11. “Hotel (full-service)” shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check-in; ii. A minimum area of 250 square feet in each guest room; iii. On-site staff required seven (7) days a week, twenty-four (24) hours per day; and iv. A minimum of two thousand (2,000) square feet of meeting or conference room. 11.12. “Live/Work Unit” means a mixed use building type with a dwelling unit that is also used for work purposes, provided that the ‘work’ component is restricted to the uses of professional office, artist’s workshop, studio, or other similar uses and is located on the street level. The ‘live’ component may be located on the street level or any other level of the building. Live‐work unit is distinguished from a home occupation otherwise defined by this ordinance in that the work use is not required to be incidental to the dwelling unit, non‐resident employees may be present on the premises and customers may be served on site. 12.13. “Lot Coverage” shall mean the area of each proposed lot that is covered by buildings. 13.14. “Maximum Building Setback” shall be the maximum distance between the front building line and the property line or R-O-W line along that corresponding building line. 14.15. “Minimum Building Setback” shall be the minimum distance between the front building line and the property line or R-O-W line along that corresponding building line. 15.16. “Mews Street”” shall mean a small street, or courtyard constructed in accordance with Exhibit “C” and “C1”. 16.17. “Mixed Use” shall mean a combination of uses integrated either vertically within structures or horizontally throughout the Property. 17.18. “Multi-family” shall include, in addition to the definition contained in the Town’s Zoning Code, flats, flats with mezzanines, two floor units, Live/Work spaces and apartments grouped together into a single building. 18.19. “Open Space” shall mean areas unobstructed to the sky designated for the recreational enjoyment and/or natural beauty of the area which serve as an amenity to the Property including, but not limited to park areas, creekways, trails, landscape features, hardscape areas, courtyards and drives Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Town Council Page 12 of 125 Meeting Date: Monday, January 6, 2012 incorporated into courtyards, but not parking spaces. Open Space shall be designated on the Site Plan. 19.20. “Parking Zone” shall mean the areas designated for parking both on-street and off-street. 20.21. “Paseo” shall mean an open space primarily dedicated for pedestrian movement between blocks or buildings. 21.22. Property” shall mean the tract of land described in Section I.B) herein. 22.23. “Public Access Area” shall mean those areas located within individual lots open to the public including, but not limited to patios, courts, plazas and other similar areas. 23.24. “Secondary Street” shall mean an interior (public or private) street within the development intended to provide access to development and for circulation within the property. 24.25. “Serviceway” shall be a private drive that provides access to service areas, loading/unloading areas, and parking. 26. “Sign Kiosk” shall mean a kiosk structure that complies with the provisions of Section __ and used only for signage purposes. 25.27. “Site Plan” shall mean a detailed plan for development within the Property that complies with Section III. 2 below.. The Site Plan is a required submittal by an owner, developer or subdivider that shall be reviewed and approved by the Town Staff prior to the submittal of a building permit application. 26.28. “Stacked Parking” shall mean parking in which vehicles are parked immediately in front of, behind, or adjacent to other vehicles without each vehicle being adjacent to a maneuvering aisle or drive. Stacked parking is permitted for valet parking only. 27.29. “Street Trees” shall mean trees required to be planted along street frontages as set forth herein. 28.“Supergraphic Sign” shall mean a premise or nonpremise sign attached to an occupied building or parking garage that conforms to the standards in Section II. I.(2) (m) herein. 29.30. “Supplemental Uses” shall mean uses coincident with primary, permitted uses including "patio" dining; beer, wine and mixed beverage consumption; beverage sales, service, and consumption; entry vestibules; entry stoops; structured canopies; patron waiting; valet stand; bicycle racks; street furnishings; feature hardscape or landscape; water features; and/or Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Indent: Left: 1.04" Town Council Page 13 of 125 Meeting Date: Monday, January 6, 2012 incidental retail display and sales, or other similar uses approved by Town Staff. 30.31. “Supplemental Use Zones” shall mean the areas designated for supplemental uses as described in this Ordinance. 31.32. “Townhome” shall mean a structure containing at least three dwelling units with each unit designed for occupancy by one family and each attached to another by a common wall. 32.33. “Town Staff” shall mean the Town Manager’s or his designee. 33.34. “Type ‘A’ Drive” shall mean the drives identified on the Concept Plan that are the primary pedestrian drives. Buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian-oriented design. 34.35. “Type ‘B’ Drive” shall mean the drives identified on the Concept Plan that are intended to primarily accommodate access to parking, service, and other auto-oriented functions. 36. “Urban Residential Units” shall include, in addition to the multi-family definition contained in the Town’s Zoning Code, flats, flats with mezzanines, two floor units, Live/Work spaces and Urban Residential UNitss grouped together into a single building. 37. “Vendor Kiosk” shall mean a small, standalone booth used for marketing purposes and for the sale or rental of goods or products. E. PHOTOGRAPHS. All photographs included in this ordinance are for illustrations purposes only of the features permitted by this planned development district and are not intended to be representative of exact construction requirements. II. A. PERMITTED USES. Within this planned development district the only uses permitted are the following. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the Town Staff, subject to appeal directly to the Town Council: DEVELOPMENT STANDARDS 1. RESIDENTIAL • Caretaker or Guard Residence • Dwelling, Multi-Family ApartmentUrban Residential Units [Garden Style Apartments are prohibited] Formatted: Bullets and Numbering Formatted: Indent: Left: 1.04" Formatted: Bullets and Numbering Formatted: Indent: Left: 1.04" Formatted: Bullets and Numbering Town Council Page 14 of 125 Meeting Date: Monday, January 6, 2012 • Dwelling, One Family Attached • Dwelling, Townhome • Hotels (full service) • Nursing, Rest & Convalescent Home 2. RELIGIOUS AND PHILANTHROPIC • Eleemosynary Institutions (CUP Required) 3. EDUCATIONAL • Children’s Day Care Center & Kindergarten • Junior Colleges, Colleges & Universities • Schools, Private Business & Professional • Schools, Vocational, Technical & Trade 4. COMMUNITY FACILITIES • Auditorium, Gym • Heliport/Helipad • Municipal Admin, Public Service Facilities • Park, Playground, Playlots, Related Facilities • Privately Owned & Operated Playground • Public Safety Facilities • Radio, Television, Microwave, Cellular towers attached to buildings • Social, Recreational, Assembly Bldgs • Tennis, Handball, Racquet Ball Clubs • Utility Facilities, Office 5. PROFESSIONAL AND FINANCIAL INSTITUTIONS • Accounting Office • Admin, Executive, Editorial Office • Architectural, Eng, Planning Office • Attorney’s Office • Banks and Financial Institutions • Hospital • Insurance Office • Extended Stay Surgery Center • Personal/Family Counselor • Physician and/or Dentist • Public Secretary • Barber, Beauty, Styling Shops • Health, Athletic Shops • Shops • Medical, Dental, Chiropractic, Optometry, etc. • Real Estate Office Town Council Page 15 of 125 Meeting Date: Monday, January 6, 2012 • Tanning Salon • Travel Bureau or Agency • Weight Reduction Studio 6. RETAIL • Art Studio • Art Supply Store • Arts, Crafts, Hobby Shops • Bakery Shops • Bicycle Shop • Beer, Wine and Liquor Sales (Off-Premise Consumption Only) (SUP Required) • Coffee Shop • Confectionary Shop • Dairy Food Shop • Dance Studio • Dinner theater • Donut Shop • Drug Store, Apothecary, Pharmacy • Dry Cleaners, Pick-up and Drop-off [ Dry cleaner plants are prohibited] • Duplication and Mailing Service • Electrical Goods and Fixtures • Fabric and Knitting Shop • Florist • Grocery Store • Hardware Store ( less than 50,000 square feet) • Household Appliance Store • Household Furnishings, Fixtures • Ice Cream Shop • Jewelry, Watch Store • Liquor Store (SUP Required) • Music Store • Tanning Salon • Performing Arts Center • Photograph Service & Studio • Printing, Publishing, Engraving • Restaurant • Restaurant w/Alcoholic Beverage Sales (Appropriate TABC Required) (SUP Required) • Sporting Goods Store • Theater • Wallpaper, Paint Store • Wearing Apparel Store Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Town Council Page 16 of 125 Meeting Date: Monday, January 6, 2012 7. RECREATIONAL • Community Center (Non-Profit) • Private Health Club • Swimming Pool (Private Club) • Swimming Pool, Tennis Court (Non-Profit) • Tennis Court (Private) 8.OIL AND GAS EXPLORATION •Oil and gas wells (Chapter 5, Article VI – Oil and Gas Well Manual and Chapter 13, Article V, Section 5.12 Oil & Gas Well Drilling and Production applies). 9.8. MIXED USES: Mixed uses integrated either vertically within a building or horizontally throughout the Property consisting of Permitted Uses set forth above are permitted within the Property. 10.9. ACCESSORY USES: Any use accessory to any permitted use is permitted within this planned development district. 11.10. ANY PERMITTED USE WITH A DRIVE-THRU FACILITY: (Standards in Section ___ shall apply) B. SITE DEVELOPMENT: 1. General Requirements. a. Concept Plan. A concept plan (Exhibit ___) is incorporated with this Ordinance. b. Building Location. Buildings shall generally be located within the Property as set forth in Exhibits “A”-“D”. The Building Line shall be measured from the respective right-of-way, street easement or property line, whichever is closest to the building. c. Maintenance of open areas, pedestrian circulation areas, and amenity areas. The Property Owner shall be responsible for maintaining public access areas, pedestrian circulation areas, and amenity areas within the Property. d. Street Naming. All streets shall be named, with the exception of Serviceways. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Town Council Page 17 of 125 Meeting Date: Monday, January 6, 2012 e. Gated Streets. No streets shall be gated, with the exception of Serviceways, which can be gated or regulated by means of access control devices. f. Paving Materials. Hardscaped areas shall incorporate a variety of paving materials. Bricks, pavers, stone, stained concrete, or imprinted concrete may be used as hardscape area paving. The balance of hardscaped areas shall be concrete (light broom, salt finished, patterned, integrally colored). Contrasting colored pavers and concrete and/or truncated dome pavers and stamped concrete shall be used where required by accessibility requirements at ramps and curb ramps. PICTURE g. Landscaping. Landscaping shall incorporate a variety of plant types including seasonal color and native low moisture foliage. Decomposed rock and decorative gravels will be considered landscaping. Appendix A shall be the recommended planting list for landscaping within the development. h. Supplemental Uses in Public Right-of-ways and Public Easements: i. Supplemental uses are permitted in the areas designated on Exhibits “A”-“D”, and “G”. ii. Supplemental use zones may occur in public right-of-ways, public easements, or on private property. iii. Supplemental use areas shall only be used by adjacent tenants. Supplemental Uses specifically exclude parking and permanent enclosed structures. iv. Private license granted. The Town Council hereby grants a private license to the owners of Property over and across public sidewalk areas for the exclusive purpose of landscaping and supplemental uses. A property owner is not required to pay an initial or annual fee for this license. This private license shall not terminate at the end of any specific time period. Supplemental use areas and their specific utilization do not require review, approval, or further licensure of any type by the Town of Trophy Club. i. Drive Type Designation. The Concept Plan for the Beck Property Planned Development District shall establish the following drive types: Town Council Page 18 of 125 Meeting Date: Monday, January 6, 2012 i. Type ‘A’ Drives Established – Type ‘A’ Drives are intended to be the primary pedestrian streets and buildings along Type ‘A’ Drives shall be held to the highest standard of pedestrian- oriented design. ii. Type ‘B’ Drives Established –Buildings along Type ‘B’ Drives may be permitted to accommodate some service and auto- related functions including surface parking and drive-thrus. Serviceways and Drive ‘X’ shall be Type ‘B’ Drives for the purpose of this Ordinance. j. Street Paving Enhancements. i. All street types may employ areas of enhanced paving for speed control, to demark pedestrian crosswalks, and/or for decorative purposes. ii. Enhanced paving may include speed bumps, speed humps, pavement striping, pavers, stone cobbles, stamped concrete, integrally colored concrete. PICTURE 2. Tree Preservation and Open Space: a. General. The provisions of Article VIII, Tree Preservation and Removal, apply except as modified herein.In lieu of the Town’s standards for park dedication and tree preservation, development within the Property shall meet the standards in this section. a.b. Tree Preservation. i. A tree conservation concept plan shall be submitted with a site plan. ii. A tree preservation concept plan shall: • Indicate the general location of existing tree canopies on the property, tree caliper sizes, and tree species; • Indicate the extent to which existing environmental features are proposed to be altered to accommodate the proposed development; • Locate site plan existing trees to be preserved, if any, adjoining a natural or man-made drainage creek; and • Indicate the extent to which altered trees are proposed to be mitigated through proposed tree replacement standards in this ordinance. Formatted: Underline Formatted: Heading 3, Indent: Left: 1.57", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Tab after: 1.5" + Indent at: 1.5", Tab stops: 1.82", List tab + Not at 1.5" Town Council Page 19 of 125 Meeting Date: Monday, January 6, 2012 c. Tree removal permit. In addition to the exceptions for a tree removal permit under Article VIII, Sec. 8.03.C, a tree removal premit shall not be required for the removal of any tree within the proposed footprint of a structure or within a drive or street. d. Tree Replacement Standards:. Any protected, specimen, historic or majestic tree removed for which a tree removal permit is required, shall be replaced with trees having a total caliper width equivalent to the total caliper width removed. Tree replacement shall not be required for any tree within the proposed footprint of a structure or within a drive or street. b.e. Applicability of street trees. All proposed street trees along public and private streets and drives shall count towards the proposed tree replacement on the property. f. Credit for Preserved Trees. A caliper-inch per caliper-inch credit shall be granted against tree replacement requirements for any protected, specimen, historic or majestic tree preserved within the Property. c.g. Open Space. i. Open space shall be at least 15% of the Property area. ii. For purposes of calculating open space, the entire Property is considered one lot. iii. The design of open spaces shall meet the following criteria: • Existing water bodies and creeks should be preserved in a natural and contiguous state; • Pedestrian connectivity should be provided in the form of sidewalks, natural walking paths along stream and creek corridors; and • A variety of open spaces should be provided including, but not limited to, plazas, squares, playgrounds, parks and environmental preserves. iv. Open Space may use any combination of hardscape, landscape, and/or water features. v. Public access open areas may include amenities such as seating, bike racks, art installations, and waste receptacles. PICTURE Formatted: Underline Formatted: Indent: Left: 1.57", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Tab after: 1.5" + Indent at: 1.5", Tab stops: 1.82", List tab + Not at 1.5" Formatted: Bullets and Numbering Formatted: Underline Formatted: Underline Formatted: No underline Formatted: Underline Town Council Page 20 of 125 Meeting Date: Monday, January 6, 2012 PICTURE d.h.Public Access Area. A maximum of 50% of the required Open Space area may be satisfied by Public Access Areas. These shall be limited to breezeways, courtyards with café seating, and pedestrian paseos. PICTURE e.i. Sidewalks and Community Bicycle/Pedestrian Trail. i. Minimum 6’-0” wide sidewalks shall be required along Trophy Club and Indian Creek Drive. The sidewalk may be located within the R.O.W or in a landscaped parkway with street trees in the minimum setback area. ii. A public access multi-use (bicycle/pedestrian) trail shall be provided connecting the Town of Trophy Club’s bicycle/pedestrian trail system with development within the Property. iii. The multi- use (bicycle/pedestrian) trail may cross streets of all types, at typical pedestrian crosswalks, as exclusively designed by the Owner. iv. The Property Owner shall be allowed to plan and design the multi-use (bicycle/pedestrian) trail to be integrated with the internal pedestrian circulation paths. v. The minimum width of a multi-use (bicycle/pedestrian) trail shall be eight (8) feet of hardscape surface. f.j. Design of Drive ThroughDrive-thru Facilities. The following standards shall apply to the design of all drive throughdrive-thru facilities in the development. i. Drive-throughDrive-thru lanes for commercial uses shall notmay have direct frontage access to any Type ‘A’ Drive and the perimeter streets. ii. Any buildings associated with a drive throughdrive-thru use shall also have a pedestrian entrance at a Type ‘A’ Drive. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Town Council Page 21 of 125 Meeting Date: Monday, January 6, 2012 iii. A minimum of five stacking spaces shall be provided if a restaurant has one drive-thru serving station. If the restaurant has two or more serving stations, then a minimum of two additional stacking spaces shall be provided for the second and subsequent serving stations. iv. An escape lane shall be provided parallel to the drive-thru lane extending from the beginning of the drive-thru lane to the serving station. v. For purposes of this planned development district, a “stacking space” is an area measuring 8 feet by 20 feet with direct forward access to a serving station. An escape lane shall be an area measuring a minimum of eight feet wide that provides access around the drive-thru facility. An escape lane may be part of a circulation aisle. g.k.Property Owners Association. Prior to approval of a final plat for the Property, a property owners association shall be established by the owner of the Property to ensure compatibility of structures within the Property. 3. Setbacks. a. Required Setbacks. Except as otherwise provided for State Highway 114 Frontage Road and Trophy Club Drive in this section, setbacks for buildings on the Property shall be provided as set forth on Exhibits “A”-“C”. b. State Highway 114 Frontage Road. Buildings fronting on State Highway 114 Frontage Road shall have a 300’-0” maximum setback to the Building Line measured from the State Highway 114 Frontage Road right-of-way line. Buildings shall comply with Exhibits “A”- “C”, Building Design and Residential Design, for the required position of buildings relative to the Building Line. c. Trophy Club Drive: The minimum setback shall be 15 feet and the maximum setback shall be 100’-0” along Trophy Club Drive. d. Indian Creek Drive: 15 feet (min.). e. All other streets and drives: Front Setbacks from all other streets shall be as established in Exhibits “A”-“C” below. f. Minimum Side and rear setbacks : None, except the minimum setback from the east boundary line of the Property shall be 50 feet. Formatted: Bullets and Numbering Town Council Page 22 of 125 Meeting Date: Monday, January 6, 2012 g. Existing Clock Tower. Notwithstanding the setbacks provided above, the existing clock tower identified on the Concept Plan shall have no minimum setback. h. Setback Table: Location Minimum setback Maximum Setback Front Setback Along State Highway 114 Frontage Road 15’ 300’ Front Setback Along Trophy Club Drive 15’ 100’ Indian Creek Drive 15’ NA Side and Rear Setbacks 0’ except along the east boundary line which shall be 50’ None Existing Clock Tower. None None i. Encroachments. Encroachments within the required setbacks are permitted as set forth in Exhibits “A”- “C”. Encroachments include architectural elements of a structure including, but not limited to decorative trim, cornice work, canopies, eaves, balconies, porches, steps, planters, window and door trim, and other similar features. In no case shall any encroachment be located over an on-street parking space or travel lane. j. Lot Coverage, Floor Area, and Maximum Height. 1. Maximum lot coverage. The maximum lot coverage is 100%. Open Space areas shall not be included in the lot area for purposes of calculating lot coverage. 2. Maximum floor area ratio. The maximum floor area ratio (“FAR”) for all uses is 4:1 maximum. 3. Property considered on lot. For purposes of calculating FAR, the entire Property is considered one lot. 4. Maximum height. The maximum height for structures within the Property shall be as set forth in the following table: Structure Type Maximum Number of Stories Maximum height in Feet 1. Urban Residential only 4 60 ft The maximum building height for roof peaks and tower elements is Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Tab after: 2" + Indent at: 2" Town Council Page 23 of 125 Meeting Date: Monday, January 6, 2012 70’-0” from typical finish grade to highest part of construction. 2. Mixed Use with Urban Residential 5 70 ft The maximum building height for roof peaks and tower elements is 85’-0” from typical finish grade to highest part of construction. 3. Office only 10 150 ft 4. Hotel only 10 150 ft 5. Retail/ Commercial only 2 40 ft The maximum building height for roof peaks and tower elements is 50’ -0” from typical finish grade to highest part of construction. 6. Mixed Use with office or hotel 10 150 ft 7. Townhomes and live/ work units 5 70 ft 85’-0” from typical finish grade to highest part of construction following standards shall apply on to the height of buildings on the Property: i. The following standards shall also apply to the height of buildings on the Property: a. Residential proximity. The maximum height for structures within 150’ of residential uses adjacent to the Property shall be 50’. ii.b. Mezzanines. Townhomes and live/work units. Except as otherwise permitted herein, the maximum building height for Townhomes and live/work units shall be a maximum of 5 floors and -70’0” from typical finish grade to highest finish floor. Mezzanines, if allowed by code, will not be counted as a floor. The Mmaximum building height for roof peaks and tower elements Formatted: Indent: Left: 1.75" Formatted: Indent: Left: 1.96", Numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 2.88" + Tab after: 3.13" + Indent at: 3.13", Tab stops: Not at 3.13" Formatted: Underline Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2.88" + Tab after: 3.13" + Indent at: 3.13" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Underline Town Council Page 24 of 125 Meeting Date: Monday, January 6, 2012 is 85’ -0” from typical finish grade to highest part of construction. iii.c. Multifamily residential and Mixed-use buildings. Except as otherwise permitted herein, building height for Residential and Mixed Use buildings (retail/office and residential) shall be a maximum of 6 floors and 80’-0” in height as measured from typical finish grade to highest finish floor. Mezzanines, if allowed by code, will not be counted as a floor. The Mmaximum building height for roof peaks and tower elements is 90’-0” from typical finish grade to highest part of construction. iv.Adjacency to East boundary line, Trophy Club Drive and Indian Creek Drive Hotel and offices. The maximum height for hotel and office uses shall be twelve (12) stories and 150’ with a 150’ building setback provided between such structure and any adjacent single family residential property line contiguous with the lot on which the structure is constructed. The Building setbacks from the east property line, Trophy Club Drive and Indian Creek Drive may be reduced twenty feet (20’-0”) for each floor reduced below twelve (12) stores (i.e., eleven (11) story building will require 130’-0” setback, ten (10) story building will require 110’-0” setback), with a minimum required setback of 75’-0”. vi.d. Parking. The maximum height for all parking structures shall be based on the height of the adjoining building(s) and shall be limited to no more than 2 stories over the highest adjoining building. For example, if a parking garage is to be located next to a 4 story building, then its maximum height shall be 6 stories. e. Rooftop projections. The following structures may project a maximum of 12 feet above the maximum structure height specified in the district regulations: a. Elevator penthouse or bulkhead. Formatted: Underline Formatted: Underline Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2.88" + Tab after: 3.13" + Indent at: 3.13" Formatted: Body Text, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2.88" + Tab after: 3.13" + Indent at: 3.13", Tab stops: 2.21", Left Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 8 pt Formatted: Underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 3.06" + Tab after: 3.31" + Indent at: 3.31" Town Council Page 25 of 125 Meeting Date: Monday, January 6, 2012 b. Mechanical equipment room. c. Cooling tower. d. Ornamental cupola or dome. e. Skylights. f. Visual screens which surround roof mounted mechanical equipment. g. Chimney and vent stacks. h. Parapet wall. C. STREET STANDARDS. 1. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive with Non-Residential Frontage. a. General. State Highway 114 Frontage Road, Trophy Club Drive and Indian Creek Drive shall comply with the Street Standards set forth in Exhibits “A1”, “A2” and “A3”. b. Street Trees. i. Street trees shall be required on all the above streets. ii. Street trees may be planted in the R.O.W or with the street screen or setback area, but shall be located between the travel lanes and parking/building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required tree spacing to an average of one tree per 60’-0” of street frontage. vi. Street tree species may be selected from the recommended Planting List in Appendix A c. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Normal (Web), Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 3.06" + Tab after: 3.31" + Indent at: 3.31", Tab stops: Not at 2.21" Town Council Page 26 of 125 Meeting Date: Monday, January 6, 2012 iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. d. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. PICTURE ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated for pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. PICTURE iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, water falls, etc.) shall be allowed in the Circulation Zone. PICTURE v. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. e. Supplemental Use Zone. i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). PICTURE ii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, beer, wine and Town Council Page 27 of 125 Meeting Date: Monday, January 6, 2012 mixed beverage consumption, beverage sales, service and consumption, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iii. Accessory “patio” dining, beer, wine and mixed beverage consumption, beverage sales, service and consumption, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters or decorative fencing as designed by the Owner and/or Tenant. PICTURE iv. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape materials may be selected from the recommended Planting List in Appendix A. v. The Owner and/or Tenant is responsible for maintenance of the Supplemental Zone. 2. Modification of Zones. a. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. b. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. 3. Indian Creek Drive with Residential Frontage. a. General. Indian Creek Drive with Residential Frontage shall comply with the Street Standards set forth in herein. b. Street Trees. Street Trees shall be provided along Indian Creek Drive as follows: i. Street trees shall be required along Indian Creek Drive. Town Council Page 28 of 125 Meeting Date: Monday, January 6, 2012 ii. Street trees may be planted in the R.O.W or within the setback area, but shall be located between the travel lanes and building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species may be selected from the recommended Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to an average of one tree per 60’-0” of frontage. c. Parking Zone. i. Each side of the parking drive shall include (i) a Parking Zone for use in head-in, 60 degree or 30 degree angled parking, or (ii) optional parallel or drop-off/valet parking. ii. Parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into adjacent Circulation Zone. iii. A landscaped island shall be provided every ninth parking space, or 81’-0” of frontage, and shall be a minimum 9 feet by 18 feet. One canopy tree (3” min. caliper size at the time of planting) shall be required within each landscaped island. Canopy tree species may be selected from the recommended Planting List in Appendix A. d. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. PICTURE ii. The Circulation Zone shall have a minimum 4’-0” wide clear zone dedicated to pedestrian circulation. Town Council Page 29 of 125 Meeting Date: Monday, January 6, 2012 iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. PICTURE iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, water falls, etc.) shall be allowed in the Circulation Zone. PICTURE v. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in the following “Modification of Zones” provided a minimum of 4’-0” wide clear zone is established for pedestrian circulation. e. Supplemental Use Zone: i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building). ii. The Supplemental Use Zone is provided for the use of commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales. iii. Accessory “patio” dining, mixed beverage, beer and wine beverage service, and patron waiting shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters or decorative fencing as designed by the Owner and/or Tenant. iv. The hardscape and landscape used in the Supplemental Zone shall be consistent with the landscape and hardscape used in the Project. Landscape materials may be selected from the recommended Planting List in Appendix A. v. The Owner and/or Tenant is responsible for maintenance of the Supplemental Zone. Town Council Page 30 of 125 Meeting Date: Monday, January 6, 2012 f. Modification of Zones. i. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. However, a minimum of 4’-0” wide clear zone shall be provided for pedestrian circulation. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. 4. Secondary Street with Non-Residential Frontage. a. General. Secondary Streets with Non-Residential Frontage shall comply with Exhibits “B” and “B1”. b. Street Trees. Street Trees shall be provided along these streets as follows i. Street trees shall be required along all Secondary streets. ii. Street trees may be planted within the Circulation area between the parking lane and building. iii. Spacing shall be an average of 40 feet on center (measured per block face) along all streets. iv. Street trees shall be at least three-inch (3”) caliper at the time of planting. v. Street tree species may be selected from the recommended Planting List in Appendix A vi. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall increase the required spacing of street trees to one per 100’-0” of frontage. c. Parking Zone. Town Council Page 31 of 125 Meeting Date: Monday, January 6, 2012 i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. d. Circulation Zone. i. The Circulation Zone shall be located closest to the Parking Zone and parallel to the Building Line. ii. The Circulation Zone is dedicated to allowing pedestrian circulation and shall be a minimum of 6’-0” wide with a 4’-0” wide clear pedestrian zone (including street trees in tree grates). iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, water falls, etc.) shall be allowed in the Circulation Zone. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. vii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. e. Supplemental Use Zone. Town Council Page 32 of 125 Meeting Date: Monday, January 6, 2012 i. The Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, mixed beverage, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iii. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. iv. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. f. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so the parking area may be used for temporary patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 5. Secondary Street with Residential Frontage. a. General. Secondary Streets with Residential Frontage shall generally comply the standards set forth herein. b. Street Trees. i. Street Trees shall be provided along these streets as follows: Town Council Page 33 of 125 Meeting Date: Monday, January 6, 2012 a) If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. b) If no parking is provided immediately adjacent to the street, two Street Trees shall be provided for every 81’ 0” of frontage. c) If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 100’ 0” of frontage. d) For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. e) Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. ii. Street trees shall be at least three-inch (3”) caliper. iii. Preservation of an existing tree, tree relocated from elsewhere within the Property, or new tree in which such preserved, relocated or new tree has a caliper greater than 8”, shall reduce the required spacing of landscaping islands to one per ten (10) contiguous parking spaces, or one tree per 100’-0” of frontage. c. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. Town Council Page 34 of 125 Meeting Date: Monday, January 6, 2012 d. Circulation Zone. i. The Circulation Zone shall be located adjacent to the Parking Zone and parallel to the frontage. ii. The Circulation Zone is dedicated to allowing pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade may be placed in the Circulation Zone. iv. Landscape walls, steps, planters, tree wells, decorative landscape pots, site lighting, any decorative landscape feature (fountains, water falls, etc.) shall be allowed in the Circulation Zone. v. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. vi. Doors for adjacent buildings cannot swing into this zone. vii. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. e. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 6. Private Street or Mews Street with Frontage of Any Uses. a. General. Private Street or Mews Street with Frontage of Any Uses shall generally comply the standards set forth in Exhibits “C” and “C1”. Town Council Page 35 of 125 Meeting Date: Monday, January 6, 2012 b. Private Streets or Mews Streets provide public access by pubic right- of-way or public easement. c. Street Trees. Street Trees shall be provided along these streets as follows: i. If parking is provided immediately adjacent to the street, one (1) Street Tree shall be provided for every eight (8) contiguous parking spaces or fraction thereof. ii. If no parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 81’ 0” of frontage. iii. If parallel parking is provided immediately adjacent to the street, one Street Tree shall be provided for every 100’ 0” of frontage. iv. For purposes of this Section, parking is not immediately adjacent to the street if a drive aisle is located between the street and parking. v. Street Trees provided within a row of parking spaces shall be located and centered in the Parking Zone landscaped islands. d. Parking Zone. i. Parking in this Parking Zone is limited to 90-degree or 30- degree “head-in” parking spaces and parallel parking. ii. Ninety-degree and 30-degree head-in parking spaces shall be 9’-0” wide and 18’-0” deep. A 2’-0” overhang from vehicles parked in the Parking Zone is allowed into the adjacent Circulation Zone. iii. Parallel parking spaces shall be a minimum of 7’0” wide and 18’0” deep. iv. A landscaped island shall be provided every ninth parking space, or every (a) 81’-0” of frontage for “head-in” parking, or (b) 100’0” for parallel parking. Landscape islands in this Parking Zone shall be a minimum 9 feet by 18 feet. e. Circulation Zone. i. This zone shall be located immediately adjacent to the Parking Zone and parallel to the frontage. Town Council Page 36 of 125 Meeting Date: Monday, January 6, 2012 ii. This zone is dedicated to allowing clear, unobstructed pedestrian circulation. iii. Ramps and/or steps and railings required to mitigate changes in grade can be placed in this zone. iv. This Circulation Zone shall connect to adjacent curb ramps leading to adjacent lots, blocks and buildings. v. Doors for adjacent buildings cannot swing into this zone. vi. The Supplemental Use Zone shall be allowed to encroach into the Circulation Zone per description in accordance with the following “Modification of Zones”. f. Supplemental Use Zone. i. This Supplemental Use Zone shall be located between the Circulation Zone and the Building Line (adjacent to the building) as set forth in Exhibits “B” and “B1”. ii. The Supplemental Use Zone is provided for (a) the use of ground floor commercial tenants for accessory “patio” dining, beer and wine beverage service, entry vestibules, entry stoops, structured canopies, patron waiting, feature hardscape or landscape, water features, incidental display and sales, or (b) the use of ground floor residential for hardscape or landscape. iii. If used at ground floor residential uses, the resulting hardscaped and/or landscaped yards shall be separated from the Circulation Zone and any shared public circulation to adjacent buildings by planters (at sidewalk level or raised) or decorative fencing as designed by the Owner or Tenant. iv. The Owner and/or Tenant shall be responsible for maintenance of the Supplemental Zone. g. Modification of Zones. i. At the Owner’s discretion and upon approval of Town Staff, parking may be redesigned and/or reconfigured so that the Circulation Zones can be rerouted, allowing the Supplemental Use Zone to be reconfigured where desired for any Tenant’s use. Any revision to the parking shall meet the required parking count as established by Ordinance. ii. At the Property Owner’s discretion and upon approval of Town Staff, parking can be redesigned and/or reconfigured so the Town Council Page 37 of 125 Meeting Date: Monday, January 6, 2012 parking area may be used for patron drop-off/pick-up and /or valet service. iii. Use of parallel spaces to create supplemental use areas will follow similar requirements as stipulated above. 7. Serviceways. a. General. i. Serviceways shall generally comply with the standards set forth in Exhibit “D”. Serviceways shall be considered as Type ‘B’ Drives for the purposes of this Ordinance. ii. Serviceways will be on the Owner’s property and shall be used for pedestrian circulation between buildings on the same lot, for vehicle access to loading and trash areas, for maintenance and service vehicle access, and for routing of base building and tenant utilities. iii. Serviceways may be within physical separations and setbacks as required by building codes between uses and buildings. iv. Private utilities, grease interceptors, vaults, fire mains and other similar features may be located in the Serviceways. v. Serviceways which are identified by the Fire Department for possible use shall meet Fire Department requirements. vi. Ground level pedestrian circulation and upper level connective bridges between buildings may cross the Serviceways. PICTURE b. Base Building and Tenant Utilities. i. Base building and tenant utilities may be routed under seviceways whenever possible. ii. Base building and tenant utility related equipment, taps, meters, distribution, and similar equipment exposed to view shall be grouped in an ordered fashion on building walls abutting the serviceways. PICTURE Town Council Page 38 of 125 Meeting Date: Monday, January 6, 2012 D. DESIGN STANDARDS. 1. Mixed Use. a. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. i. Combinations of uses permitted on the Property may be incorporated either vertically within structures or horizontally throughout the Property. Mixed-use provisions are intended to address the standards and recommendations for the horizontal adjacency and the vertical mixing of varying uses. PICTURE ii. Close horizontal adjacency of different uses is permitted for ground floor adjacencies for commercial, office, and multi- family residential uses. Residential and Commercial occupancies may be located on the same floor of the same Building. iii. Close vertical adjacency of different uses is permitted for ground floor commercial and/or office uses with second floor office and/or multi-family residential uses above, and second floor office and/or multi-family residential uses with possible third floor multi-family residential uses. iv. Townhomes may not be vertically mixed with other uses. 2. Visual Orientation and Entrance Location for Mixed-Use Development. a. Ground floor commercial, retail, and office uses in a mixed-use development shall be visually oriented toward and have their primary entrance oriented toward the street or private drive frontage. PICTURE b. Upper floor office and multi-family residential uses may use ground floor lobbies placed toward the middle or rear of buildings. These lobbies shall be clearly visible and easily accessed from the street frontages via public access open areas, public circulation paths between the street frontage and structured parking internal to the block, or similar public access patios, courts, or plazas. Town Council Page 39 of 125 Meeting Date: Monday, January 6, 2012 PICTURE c. Rear facades of buildings facing Trophy Club Drive and Indian Creek Drive shall have a similar level of design and articulation as the front facades of the same respective buildings. c.d. Visual orientation and entrance location for Mixed-Use Development as set forth in this section shall generally comply with Exhibit “F”. 3. Uses Allowed on Specific Frontages. a. Buildings fronting on Trophy Club Drive from State Highway 114 to Indian Creek Drive shall be designed to provide “Commercial- Ready” first floors to accommodate ground floor retail and commercial uses. b. Buildings fronting on Indian Creek Drive shall be designed to accommodate the following: i. Ground floor multi-family residential, retail, office, commercial, multi-family, townhomes or live/work uses, and ii. Second floor and above multi-family residential or office uses. E. NON-RESIDENTIAL BUILDING DESIGN GUIDELINES. 1. General. The following standards shall apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive Facades. a. Building design provisions are intended to address the physical appearance of non-residential and non-parking buildings within the subject area and establish certain common design treatments, thus supporting individual buildings relatedness to adjacent buildings. b. Building design provisions include building’s location relative to street rights-of-way and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and the vehicular and pedestrian circulation within blocks and Formatted: Tab stops: 1.82", List tab + Not at 3.17" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Normal, No bullets or numbering Town Council Page 40 of 125 Meeting Date: Monday, January 6, 2012 between buildings, within the same block to one another, and public pedestrian and vehicular circulation. c. Visual orientation and entrance location for buildings shall generally comply with the General Requirements for Mixed Use set forth in Section II. F) (a). 2. Structured Parking Garages. Structured parking garages are excluded from the requirements stipulated in Building Design. 3. Building Locations. a. For each façade of a building facing a street, 25% of the ground floor face shall be constructed within 6’0” maximum of the Building Line and 50% shall be constructed within 12’0” of the Building Line. The balance of the ground floor face is unrestricted in its proximity to the Building Line. Area of the building face satisfying these proximity requirements need not be continuous and can be divided per the building designer’s discretion. These proximity requirements are set forth in Exhibits “A”, “A1”, “A2”, “A3”, “B”, “B1”, “C” and “C1”. b. Where setbacks from right-of-ways are stipulated in this section, the setback line shall be understood as the Building Line. c. Building Façades shall have a change in plane of not less than 5’-0” every 400’-0” of frontage or of not less than 2’-0” every 100’-0” of frontage at the building designer’s discretion. The change in plane shall continue at least 10’-0” before the Façade returns to its previous position. PICTURE d. Structured canopies may encroach into Supplemental Use Zones. e. Balconies projecting from the building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” into public right-of-ways and easements pursuant to the private license granted herein. f. Ground floor arcades (covered walkway) with air-conditioned, enclosed space at the second floor shall be considered as meeting the requirements for percent of building within 6’-0” or 12’-0” of right- of-ways and easements. PICTURE Town Council Page 41 of 125 Meeting Date: Monday, January 6, 2012 g. The requirements for percent of building within 6’-0” or 12’-0” of right-of-ways and easements shall not apply to structures that have building elements on facades above the second floor 4. Specific Building Requirements: a. The ground floor shall be defined as the first occupied floor occurring at the typical street frontage, finished sidewalk level, up to the bottom of the second floor. Mezzanines as defined by the building code may be allowed, but do not constitute second floors. b. Non-residential and non-parking buildings shall have a minimum of 40% of the ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. This standard shall only apply to all Type ‘A’ Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. PICTURE c. Non-residential and non-parking buildings fronting State Highway 114 Frontage Road and Trophy Club Drive, within 400 feet of State Highway 114 frontage road, shall have a minimum of 30% of their ground floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. PICTURE d. Materials and finishes used for windows, storefronts, entrances, and entrance vestibules shall be at the discretion of the Property Owner and/or Tenants as long as a minimum of 85% of Type ‘A’ Drive facades are finished in masonry (brick, stone, stucco using the 3 step process, cast stone, cementitious material, or glass block). e. Variation in the size, shape, and detailing of upper floor windows is permitted. f. For each building frontage on Indian Creek Drive, secondary streets, and private and mews streets, a minimum of 30% of their ground Town Council Page 42 of 125 Meeting Date: Monday, January 6, 2012 floor façade, up to 10’-0” above the typical street frontage finished sidewalk level, comprised on windows, storefronts, and/or entrances. PICTURE g. EIFS, traditional, synthetic or modified plaster on concrete tilt-up panel or over sheathing is an acceptable wall surface for wall areas and/or façades on Type ‘B’ Streets only. On Type ‘A’ Drives, EIFS may be used for moldings, trim, and decorative items only. h. Roofs may be flat-roofs sloped for drainage. Parapets shall be 3’-6” minimum higher than the adjacent roof. i. Roof top equipment shall be screened from view from a person standing at any area of the adjoining Circulation and Zone of the respective building. PICTURE 5. Loading and Trash Zones. a. Each Non-Residential lot shall have one loading zone 10’-0” x 25’-0” and one dumpster/compactor location 10’-0” x 25’-0”. This requirement does not apply to townhome, multi-family residential, parking, or public access open areas. An artificial lot containing a grouping of structures may be designated by the Owner or developer to allow one dumpster/compactor location to accommodate said grouping of structures. b. The loading and trash zones may be grouped at a single building or may be dispersed on the lot at multiple buildings. Loading and trash may be hand-trucked within the block as required. c. The loading and trash zones required zones shall not open onto Major Streets. They may open onto Secondary Streets, Private Streets, or Mews Streets, but in all instances the loading and trash zones shall be fully screened with walls finished to match or complement adjacent buildings and gates. PICTURE d. The loading and trash zones may be located in buildings, structured parking garages, and any Serviceways. Town Council Page 43 of 125 Meeting Date: Monday, January 6, 2012 B) RESIDENTIAL GUIDELINES: 1) General: (a) Multi-family & Townhome design provisions are intended to address the physical appearance of buildings within the subject area and establish location relative to street right-of-ways and easements, building materials, general requirements for glazing, shading, and encroachment, building height, screening of equipment, loading, trash, and utilities, exterior lighting, and unit densities. (b) Visual orientation and entrance location for residential buildings shall generally comply with the General Requirements for Mixed Use set forth in Section II. F.b. (c) No minimum Open Space per residential unit shall be required. 2) Building Location: (a) Building Façades shall have a change in plane of not less than 5’-0” every 400’-0” of Façade. The change in plane shall continue at least 10’-0” before Façade returns to its previous position. (b) Balconies projecting from the typical building face, lightly framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6’-0” maximum into public right- of-ways and public easements. 3) Building Materials: A minimum of 85% of the front facades of residential buildings and residential building facades along Type ‘A’ Str or open space shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, cementitious material, or glass block). 4) Townhome Specific Requirements: (a) Each townhome shall be on an individually platted lot. Each lot is not required to front onto a public street. Townhomes shall back to interior drives. Access to townhome garages may be from either the public street or interior drives or alleys. PICTURE (b) Townhome minimum lot width is 20’-0”, minimum lot depth is 35’-0”, minimum lot size is 700 sf. (c) Townhome minimum floor area (unit size) is 800 sf. Town Council Page 44 of 125 Meeting Date: Monday, January 6, 2012 (d) Townhome maximum lot coverage is 100%. (e) Townhome maximum lot density shall be 40 units per acre of total lot area. (f) Townhome maximum building height is 4 floors and 65’-0” from typical finish grade to highest finish floor. (g) Townhome structures may contain a maximum of eight (8) contiguous units. (h) Townhome structures shall be separated by at least 15’-0”. PICTURE (i) For every street frontage, townhomes shall be located and designed such that 50% of the façade sits within 6’-0” maximum of the frontage lot line. The remaining 50% of the façade shall be within 12’-0” maximum of the frontage lot line. The resulting open area within the lot lines shall be used for balconies, stoops, entrance porches, canopies, steps, or landscape. PICTURE (j) Roof top equipment shall be screened from view from a point 5’-0” above grade at the property line on the far side across the adjacent street. 5) Urban Residential Multi-family Specific Requirements: (a) Urban ResidentialMulti-family buildings may front on a Major Street, Secondary Street, Private Street, Mews Street, or pedestrian paseo/open space. (b) Urban ResidentialMulti-family minimum floor areas are as follows: i. Live/Work space – 800 sf minimum (ground floor only) ii. Efficiency unit – 6500 sf minimum iii. One bedroom unit – 700 sf minimum iv. Two or more bedroom units – 800 sf minimum. (c) Multi-familyUrban Residential maximum lot coverage is 100%. (d) Multi-familyUrban Residential minimum maximum density: shall be 40 units per acre1,0 five hundred (500) units. Town Council Page 45 of 125 Meeting Date: Monday, January 6, 2012 (e)Multi-family maximum building height: there is no maximum building height for multi-family buildings located more than 150 feet away from single family zoning adjacent to the Property. Within 150 feet of single family residential use adjacent to the Property, the maximum height is 50 feet. (e) Phasing. The first Urban Residential structure within the Property shall not be constructed prior to the construction of the first nonresidential use within the Property. That is, the first Urban Residential structure shall be constructed concurrently, or after, the construction of the first nonresidential use. (f) For every street frontage, multi-family shall be located and designed such that 25% of the façade is located 6’-0” from the edge of the sidewalk, public right-of-way or easement and an additional 50% of the Façade is located 12’-0” from the edge of the sidewalk, public right-of-way or easement. PICTURE (g) Ground floor Urban Residential multi-family residential may encroach into the adjacent right-of-way for stoops, entrance porches, canopies, steps, or landscape pursuant to the license granted herein. If the ground floor is commercial or office, the open area within the adjacent right-of- way may be used for any Supplemental Use. PICTURE (h) Structured parking garages may be used for required parking for Urban Residentialmulti-family uses. PICTURE (i) Roof top equipment shall be screened from view from a person standing at the sidewalk abutting. 6) Loading & Trash Zones for Residential: (a) Loading zones are not required for multi-family buildings. (b) Either one (1) dumpster location, measuring 10’-0” x 10’-0”, shall be provided for each Urban Residential multi-family building or one (1) compactor location shall be provided for each grouping of six (6) Urban Residentialmulti-family buildings. They shall be accessed and located Formatted: Bullets and Numbering Formatted: Underline Formatted: Bullets and Numbering Town Council Page 46 of 125 Meeting Date: Monday, January 6, 2012 along serviceways or alleys along the backs of the Urban Residential multi-family buildings. I) PARKING GUIDELINES: 7) Street Parking: (a) Street parking within 300’-0” of a proposed use shall be counted toward satisfying the parking requirements for such use. (b) Street parking shall not be assigned or reserved other than as required for accessible parking. (c) Street parking may be deleted where the Property Owner is providing a valet drop-off/pick-up lane. PICTURE (d) Parking is prohibited between the façade of a building fronting on Indian Creek Drive and the right-of-way for Indian Creek Drive. 8) Surface Parking. Surface parking lots within the development that accommodate 75 or more cars within one contiguous area may only be permitted with a Special Site Plan (SSP) approval by Town Staff. Applications for an SSP for a Surface Parking lot shall include a phasing plan for development on the site that would be in compliance with the standards in this Ordinance. Staff may impose a time limit of 3 years on an SSP for a Surface Parking lot. An applicant may request 3-year extensions of such an SSP to Town Staff with any supporting information on future development phasing and justify the need to extend the use of the surface parking lot. A Surface Parking lot may be converted into a building site with Site Plan approval at any time. 9) Garaged Parking: (a) Garaged parking within 300’-0” of an associated non-residential use shall be counted toward satisfying the parking requirements for that use. Garaged parking is considered to be shared equally by all associated non- residential uses. (b) Garaged parking within 300’-0” of an assigned Urban Residential multi- family unit shall be counted toward satisfying the parking requirements for that multi-family unit. (c) Above-ground parking garages may be open parking structures. Town Council Page 47 of 125 Meeting Date: Monday, January 6, 2012 PICTURE (d) Below grade parking garages may be used for required parking of townhomes and multi-family buildings. (e) Disposition of Parking Within Garages: i. Within structured garage parking, individual parking spaces or groups of parking spaces may be reserved, assigned, and designated for the use of specific tenants, for the use of Urban Residential multi-family parking, for short term parking, or for employee parking. (f) Location of Garages Relative to Streets: i. Structured parking garages may have frontages and vehicular access to all streets. ii. Where structured parking garages have ground floor frontages, decorative building components, low walls, or landscaping approximately 3’-0” high should be provided as a headlight screen. PICTURE iii. Parking spaces shall be allowed at sloped garage floors or decks per the Property Owner’s discretion. PICTURE iv. The elevated levels of structured parking garages may utilize bridges to provide direct pedestrian circulation from garage levels to Non-Residential and Residential uses as set forth in Exhibits “E” and “F”. PICTURE 10) Parking Ratios: (a) Parking calculations shall be based on enclosed air-conditioned areas only. Non-Residential use areas included in Supplemental Use Zones, exterior waiting, dining, beverage service, vestibules, public seating in Amenity Town Council Page 48 of 125 Meeting Date: Monday, January 6, 2012 Zones and Public Access Open Areas, and structured parking garages shall not be included in parking calculations. (b) Required Parking Ratios by Use. i. Retail/Restaurant/Office – 1 parking space per 275 sf of gross floor area ii. Townhomes – one (1) parking spaces per townhome. iii. Urban Residential Multi-family – one (1) parking space per efficiency unit and one (1) parking space per bedroom iv. Hotel – 1 parking space per guest room plus 1 parking space per 275 sf of gross meeting/convention floor area v. All other uses – 1 space per 300 sf of gross floor area. (c) Shared parking study: The applicant/property owner may request the Town Staff for approval of a maximum of 25% reduction of required parking based on an assessment of parking demand by uses proposed at any time. Town Staff will evaluate the proposal based on a parking study of any proposed development, specific demand for the uses proposed, any proposed parking management and/or valet parking. 4) Stacked Parking: Stacked parking is permitted within the Property subject to compliance with the following standards: (a) Stacked Parking shall only be permitted in conjunction with a valet parking plan. (b) Each parking space in stacked parking shall be at least 8 feet wide by 18 feet long. (c) An area reserved for stacking spaces may not double as a circulation driveway or maneuvering area. (d) 11) Valet Parking: Valet parking is permitted within the Property. The following standards shall apply: (a) A valet parking plan shall be required and approved by the Town Staff. The valet parking plan shall be approved if it conforms to the requirements herein. If the valet parking plan is not approved within two (2) days of submittal, it will be deemed approved. (b) A valet parking plan shall require the following information: Town Council Page 49 of 125 Meeting Date: Monday, January 6, 2012 i. A plan of the proposed pick up/drop off area, ii. The number of spaces required. iii. A plan of the proposed area to be used for parking including where stacked parking is to be used; (c) J) SIGNAGE, CLOCK TOWER AND MISCELLANEOUS: 1)Seasonal decorations are permitted within the Property and attached to building elevations. Decorative tree lighting is allowed year round. 2)1) Signage: In addition to signs permitted by the Town’s Zoning Ordinance, the following additional signs and/or revised sign definitions and standards are permissible: (a) General: for purposes of signage, the entire Property is considered one lot. (b) Freestanding development identification signs i. Freestanding development identification signs may be located anywhere on the private property side of property lines without setback restrictions, except for vehicular vision triangles as set forth by the Town of Trophy Club’s Ordinances. ii. Freestanding development identification signs may be lighted internally or externally. iii. Maximum number of freestanding development identification signs: 5. iv. Maximum height of freestanding development identification signs: 50’. v. Maximum effective area: 800 square feet per side. PICTURE Formatted: Bullets and Numbering Town Council Page 50 of 125 Meeting Date: Monday, January 6, 2012 (c) Direction Signs i. Direction signs are to direct the public to various locations within the development such as (but not limited to) retail, office, townhomes, apartmentUrban Residentials, hotel, parking lots and structured parking garages. ii. Direction signs may be freestanding, post mounted, wall mounted, projecting or flat mounted. iii. Where mounted to a vertical support the directional sign size shall not exceed 50 sf and not exceed 5’-0” in width. PICTURE (d) Banners i. Banners may be mounted to a vertical support, building, structured parking garage, street light pole, or may span the street. ii. Banners may display artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. iii. Maximum area: 40 square feet per side. PICTURE iv. Banner design is at the sole discretion of the Property Owner. (e) Directory Map i. Directory maps shall identify the location of streets, tenants, amenities, service, and features within the development for informing pedestrians. ii. The directory map may be freestanding, post mounted, wall mounted, kiosk mounted, projecting or flat mounted. iii. The directory map shall not exceed 40 sf in size. Town Council Page 51 of 125 Meeting Date: Monday, January 6, 2012 (f) Architectural Roof Signs i. An architectural sign is a sign which may extend above or on top of the roof top or highest point of a building roof line. PICTURE ii. Architectural Roof Signs are prohibited on frontages along State highway 114, Trophy Club Drive and Indian Creek Drive. iii. Architectural roof signs shall not exceed 150sf, or exceed 9’-0” in height. They shall be limited to two per building/roof. (g) Signage at Sloped Roofs PICTURE i. Tenant signage may be allowed at sloped roofs and/or parapets to meet signage requirements of the Tenant based upon the building Façade design. ii. Signage shall be installed at the lower leading edge of a sloping roof, canopy, or parapet and not extending above the top edge of the sloping roof material. iii. Roof signage shall not exceed one-third of the height of the sloping roof as seen in true elevation. (h) Projecting Blade and Hanging Signs i. Projecting blade and hanging signs shall be allowed within the limits of the development for the use by Tenants and Property Owner. PICTURE ii. Projecting blade and hanging signs may project a maximum of 6’- 0” into the public right-of-way or public easement, into any Supplemental Zone, or from the face of any building within the limits of each lot. Projecting blade signs and hanging signs are to be mounted such that their lowest edge is at least 8’-0” above the Town Council Page 52 of 125 Meeting Date: Monday, January 6, 2012 typical finished sidewalk, or the minimum height to meet ADA regulation. iii. Projecting blade and hanging signs shall not exceed 60 sf. (i) Murals i. Murals are permitted upon approval of Town Staff. ii. Murals may be painted or attached to the exterior building walls of any structure. iii. Murals may incorporate artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events by means easily understood by a general audience. (j) Wall Signs i. Only one sign shall be permitted per tenant per street (public and private) frontage. ii. The smallest rectangle encompassing all the letters may not exceed 30 inches in height, nor 40 feet in length nor 75% of the length of the frontage of the demised premises. iii. Businesses located on a corner may be permitted one sign on each frontage. PICTURE iv. Signage shall be located on the wall surface above the storefront windows and above the storefront awnings or canopies. PICTURE v. Logos or Business marks, measured separately, may not exceed 30 SF, and may be located on the façade wall or on the business awning over the primary entry. PICTURE (k) Sign Kiosks Town Council Page 53 of 125 Meeting Date: Monday, January 6, 2012 i. Freestanding kiosk structures, permanent or temporary, may be placed with public right-of-ways and/or public easements, with the exception of vehicle vision triangles. ii. Kiosks are limited in height to 15’-0”. iii. The total allowed signage for each kiosk in public right-of-ways and/or public easements is 40 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 80 sf. iv. The total allowed signage for each kiosk within the lot limits is 60 sf. The allowed gross vertical (not roof) surface area for each kiosk in public right-of-ways and/or public easements is 120 sf. v. Kiosks may incorporate directional signage, directory maps, public service announcements, artwork, photos, and/or text that pertains to the development district, special events, activities, exhibits, holidays, or civic events. vi. Kiosks may incorporate lighting and ambient audio. vii. Kiosks installed within the lot limits are not limited in number and may display commercial content. (m) Supergraphics Signs. Supergraphic signs are permitted on occupied buildings and parking structures. [illustrative photograph to be inserted] 2) Seasonal decorations. Seasonal decorations are permitted within the Property and attached to building elevations. Decorative tree lighting is allowed year round. 3) Existing Clock Tower. The existing clock tower, as shown on the Concept Plan, shall remain in its current location or placed elsewhere within the Property. Vendor Kiosks. 4) Vendor kiosks are permitted on the Property subject to the following requirements: a. Vender kiosks are intended for pedestrian (“walk-up”) customers only. b. During hours of operation, merchandise display and customer waiting may extend beyond the kiosk enclosure. c. Kiosks are to be located in or immediately adjacent to pedestrian areas with the express intent of providing inviting and convenient casual shopping and service opportunities suitable for an active pedestrian urban environment. Formatted: Underline Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Font: Bold Formatted: No underline Formatted: Font: Bold Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Town Council Page 54 of 125 Meeting Date: Monday, January 6, 2012 d. Merchandise display and patron waiting areas may be covered by awnings or canopies. Merchandise display and customer waiting area may extend beyond the kiosk enclosure in all directions (this area is to be vacated during non- operating hours). e. During non-business hours the kiosk and all merchandise is to be fully secured. f. Food preparation and sales must meet applicable health ordinances. g. Deliveries to kiosks are to be made during designated times coordinated by the Town Manager’s Designee. h. Kiosk may not exceed 15 feet in height exclusive of architectural and decorative features. i. Kiosks may not exceed 400 sq. ft in floor area. j. Awnings or canopies, fixed or retractable, may extend in all directions beyond the kiosk enclosure itself with specific extent to be determined on a case-by- case basis by the Development Management. k. Kiosk construction must meet all applicable municipal building and life safety codes and shall be secure after business hours. l. Kiosks may have electrical, gas, water, cable TV/data, and/or telephone service. All utility services are to be routed underground (no overhead wiring/cabling is allowed). m. Permanent signage pertinent to the primary business of the kiosk tenant may be mounted on the kiosk itself. 5) Environmental standards. Development and uses within the Property shall comply with all Town environmental standards including, but not limited to glare, noise, vibration, and odors. 2)6) Utility Placement and Routing: (a) Utility Services shall be defined as electrical service and distribution, telecommunications, data and cabling, electrical service for street lighting, signal cabling and wiring, proprietary cabling, natural gas service, water, sanitary sewer & storm sewer. (b) Overhead utility lines are prohibited within the limits of the development. (c) All utility lines within the limits of the development shall be placed underground from the provider connection into each serviced building and in general conformance with the location set forth in Exhibit “G”. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Formatted: Bullets and Numbering Formatted: No underline Formatted: Underline Town Council Page 55 of 125 Meeting Date: Monday, January 6, 2012 (d) Major provider electrical distribution, natural gas distribution, and water utilities shall be routed below drive paving within public right-of-ways and/or public easements. (e) Private utilities shall be routed through Serviceways and similar circulation areas and physical building separations internal to each block. Individual taps, meters, disconnects, and distribution should be located in these same areas, grouped in a purposeful and planned manner, easily accessed for reading and service, but visually screened into alcoves, fenced enclosures, or similar. PICTURE III. PROCEDURES: A) Summary of the Process: 1) PD Standards. Development of the Property shall comply with the standards set forth in this Ordinance and with all other Town regulations not otherwise in conflict with these planned development regulations. 2) Concept Plan. Development of the Property shall generally comply with the Concept Plan attached hereto, including all modifications as authorized and approved by this Ordinance. 3) Preliminary Site Plan. Development of the Property shall generally comply with a Preliminary Site Plan approved pursuant to this planned development district. 4) Site Plan and Façade Plans. Applicant shall submit, and upon determination by Town Staff that it complies with all applicable standards, Town Staff shall approve, Site Plan and Façade plans for each phase of development. Development of the Property shall comply with the Site Plan and Façade plans approved by the Staff as set forth herein. 5) Phasing. Each phase of development shall comply with steps 3 and 4 of this Section III. A. B) Concept Plan. Town Council Page 56 of 125 Meeting Date: Monday, January 6, 2012 a) Information to be provided on the Concept Plan shall comply with the standards set forth in this Ordinance and all other applicable Town Ordinances and shall include: i. the general location for proposed land uses; ii. delineation of all undeveloped open areas except for required yards, landscaped areas, areas unobstructed to the sky, and open recreation facilities such as tennis courts and swimming pools; iii. indication of maximum heights for all structures in feet and stories; iv. location of all proposed screening between the site and adjacent property; v. location of minimum building setbacks along the site boundaries, on dedicated streets; vi. approximate location of major access points and rights-of-way to be dedicated to the Town; and vii. indication of each phase of development if separate phases are proposed. b) There shall be no expiration date for an approved Concept Plan. C) Preliminary Site Plan. 1) Prior to the submittal of a Site Plan, a Preliminary Site Plan shall be submitted and may be approved as set forth herein. 2) Preliminary Site Plans shall contain the following information: (a) Delineation of the Property; (b) Proposed public rights-of-way; (c) Proposed uses; (d) General building footprints, and locations of vehicle and pedestrian ingress and egress; (e) Total number of dwelling units proposed; (f) General location of parking; (g) General location of parks and open space with the general locations of existing tree clusters; and, (g)(h) General phasing of uses, infrastructure, drives and sidewalks within the development, if applicable. 3) Process: (a) The Applicant shall submit the Preliminary Site Plan to the Town Formatted: Bullets and Numbering Town Council Page 57 of 125 Meeting Date: Monday, January 6, 2012 Manager or his Town staff designeeStaff. (b) The Town Staff shall review the documents. If Town Staff determines that the Preliminary Site Plan complies with the Concept Plan and the provisions of this planned development district, Town Staff shall approve the Preliminary Site Plan. If the Preliminary Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (c) Town Staff shall return one copy of the Preliminary Site Plan to the Applicant with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Preliminary Site Plan or repeat the notice of noncompliance set forth above. (e) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Preliminary Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district. The Town Council shall review the Preliminary Site Plan and the recommendation of the Commission, and upon making a determination that the Preliminary Site Plan conforms to the Concept Plan and the provisions of this planned development district Town Council shall approve the Preliminary Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized by this subsection. (f) There shall be no expiration date for an approved Preliminary Site Plan other than the specified expiration. D) Site Plan: 1) Prior to the issuance of a building permit application for a building to be constructed on the Property, a Site Plan shall be approved as set forth herein. 2) Site Plans shall contain the following information: (h)(i) Metes and Bounds of Site Plan area; (i)(j) Proposed Lot lines; (j)(k) Proposed Public Rights-of-way with curbing, sidewalk, street tree locations and parking space indicated. The drawing shall also show the location of existing or proposed traffic signals, location of existing or proposed median cuts, acceleration/deceleration lanes, and turn lanes with traffic control signage and a description of special paver treatment Formatted: Bullets and Numbering Town Council Page 58 of 125 Meeting Date: Monday, January 6, 2012 if proposed. (k)(l) Proposed uses. (l)(m) Building footprints, gross area in square feet per floor and cumulative area of all floors, number of floors above and below grade, and proposed uses for each floor, and all locations of vehicle and pedestrian ingress and egress to all proposed blocks and buildings and parking areas. (m)(n) Total number of dwelling units proposed and the square footage of each of the proposed dwelling units. (n)(o) Parking: On-street parking shown with parking counts, surface parking shown with parking counts, garage parking shown with parking counts. Parking Counts shall be shown by block and in total and the parking demand shall be shown by block and in total. For purposes of calculating parking, the entire property shall be considered one lot. (o)(p) Parks, Open Space and trails shall be shown with calculation of areas to confirm compliance with these regulations. Landscape plans are not required, but the Site Plan shall show the approximate number of proposed trees to be planted And general locations of existing tree clusters, providing average size and number and indication of species. (p)(q) Proposed and existing grading in 1’0” contour lines. (q)(r) Dumpster locations and proposed screening devices. (r)(s) Location, size and lighting of Project Identification Sign(s), Monument Sign(s), Kiosks in public ROW’s, or other major feature readily visible from viewpoints off-site. 3) Process: (g) The Applicant shall submit fifteen (15) copies of the Site Plan to the Town Staff. (h) Town Staff shall review the documents. If Town Staff determines that the Site Plan complies with the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Staff shall approve the Site Plan. If Town Staff determines that the Site Plan does not comply with this Ordinance, Town Staff shall specify the deficiencies. (i) Town Staff shall return one (1) copy of the Site Plan to the Property Owner with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing standards of health, safety, welfare, or infrastructure standards of the Town. (j) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Site Plan or repeat the notice of noncompliance set forth above. Town Council Page 59 of 125 Meeting Date: Monday, January 6, 2012 (k) The Applicant may appeal any Town Staff decision to the Planning and Zoning Commission which shall review the Site Plan and make a recommendation of approval to the Town Council if the Commission determines that the Site Plan conforms to the Concept Plan, Preliminary Site Plan and the provisions of this planned development district. The Town Council shall review the Site Plan and the recommendation of the Commission, and upon making a determination that the Site Plan conforms to the Concept Plan, Preliminary Site Plan and the provisions of this planned development district, Town Council shall approve the Site Plan. No public hearing or landowner notification shall be required for the appeal process authorized in this subsection. (l) There shall be no expiration date for an approved Site Plan other than the specified expiration. E) Facade Elevations: 1) Development of the Property shall comply with Façade Elevations which substantially comply with the standards set forth herein and with all other Town regulations not otherwise in conflict with these planned development regulations. Façade Elevations are required to be submitted by an owner, developer or subdivider and reviewed and approved by the Town Staff prior to the issuance of a building permit. Façade Elevations may be submitted individually for separate buildings rather than for all structures to be constructed on the Property. 2) Submittal requirements for Façade Elevations shall include: (a) Data block including project name, legal description (Town, county, state, survey and abstract, subdivision, lot and block, existing and proposed zoning, overlay districts), gross acreage, drawing title, drawing scale, preparation/revision and submission dates, contact information (name, address, phone, and email) of the property owner, architect, engineer, surveyor, and landscape architect. (b) Elevations of every side of every building shown on the Site Plan, drawn at a scale sufficient to depict building detail. Small scale drawings may be supplemented with large scale portions of the building façade. (c) Location plan keying the drawings of the elevations to their location within the site plan and the extent of the proposed façade on each building. (d) Identification and tabulation of ground floor areas relative to residential or non-residential uses. (e) Identification and area tabulation of material finishes, including areas of glass, masonry, and EIFS. Tabulation does not include sloping roof surfaces. (f) Windows, window and door jamb, sill and head dimensions, balconies, balcony rail details, finishes, and parapets. Town Council Page 60 of 125 Meeting Date: Monday, January 6, 2012 (g) Roof in elevation or plan, as appropriate, with slopes and material identifications. (h) Identification and dimension of floor levels. (i) Vertical property lines through buildings where applicable. 3) Town Staff shall review the Facade Elevations and upon making the determination that the Facade Elevations comply with the Site Plan and the standards contained in this planned development district, applicable health and safety codes, and all other applicable codes and ordinances, Town Staff shall approve the Façade Elevations. 4) Process: (a) The Façade Elevation submittal shall be reviewed by Town Staff for compliance to design requirements cited in this Ordinance. (b) Town Staff shall review the submittal and respond whether the Facade Elevations meet the standards set forth by this Ordinance or shall specify the deficiencies. Should Town Staff determine that the submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Elevations, the submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Designer. Once the Facade Elevations has been reviewed and approved, then the Applicant may apply for a building permit. (c) Should Town Staff identify items that are not compliant, one copy of the Façade Elevations shall be returned to the Property Owner with review comments which indicate the noncompliance from this Ordinance or any non-compliance with prevailing codes or Ordinances. (d) Town Staff shall review the re-submittal and respond whether all deviations, previously noted, have been clarified and/or corrected. Should Town Staff determine that the re-submittal complies with this Ordinance's requirements, Town Staff shall approve the Facade Elevations, the re-submittal shall be so noted "Approved", with copies retained by Town Staff for Town records, and one (1) copy returned each to the Property Owner and Applicant’s Designer. (e) The Applicant may appeal any decision of Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the Facade Elevations conform to the Site Plan and the provisions of this planned development district. The Town Council shall review the Façade Elevations and the recommendation of the Commission, and upon making a determination that, the Facade Elevations conform to the Site Plan and the provisions of this planned development district, the Council shall approve the Façade Elevations. Town Council Page 61 of 125 Meeting Date: Monday, January 6, 2012 (f) Once the Site Plan and Facade Elevations have been approved, Construction Documents and Specifications may be reviewed for building permit in accordance with the Town's Building Code. (g) There shall be no expiration date for an approved Facade Elevation, other than the specified expiration periods that apply to all Preliminary Plats and Final Plats. F) Process for Minor Modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Facade Elevations: 1) Minor modifications to the Concept Plan, Preliminary Site Plan, Site Plan or Façade Elevations including, but not limited to components, colors, locations, extent, number, size, area, and detailing, may be approved administratively by Town Staff, provided, however that Town Staff may not approve any one or more of the following : (a) A requested land use that is not expressly allowed under this planned development district; (b) A proposed modification that increases maximum densities permitted under this planned development; (c) A proposed modification that increases maximum heights permitted under this planned development; and/or, (d) A proposed modification that changes required parking count except as otherwise specifically provided for under Section II.I.4. hereinabove. 2) A change in multi-family use to another permitted use under this planned development district shall be considered a minor modification to the Concept Plan, Preliminary Site Plan, or Site Plan provided the changes comply with this Ordinance and all applicable codes and Ordinances. 3) Changes to accommodate the requirements of a Tenant may be considered a minor modification provided the changes comply with this Ordinance and all applicable codes and Ordinances. 4) Minor modifications as described above shall be incorporated into the construction documents prepared for building permits, and considered to comply with the approved Site Plan and Facade Elevations reviews and approvals. 5) The Applicant may appeal any decision of the Town Staff to the Planning and Zoning Commission. The Planning and Zoning Commission shall review and make a recommendation of approval to the Town Council if the Commission determines that the proposed modification satisfies the standards set forth in paragraph III.F.1.(a)-(d) above. The Town Council shall approve the proposed modification if the Council determines that the modification satisfies the standards set forth in paragraph III.F.1.(a)-(d) above. Town Council Page 62 of 125 Meeting Date: Monday, January 6, 2012 IV. EXHIBITS Town Council Page 63 of 125 Meeting Date: Monday, January 6, 2012 Town Council Page 64 of 125 Meeting Date: Monday, January 6, 2012 Appendix A Planting List The following lists contain all species recommended for use in the Beck Property Planned Development. It contains native and acceptable adapted species. Other species that are drought tolerant and adaptive may be used for planting within the development. The use of alternative species is be permitted. CANOPY/STREET TREE LIST Common Name Botanical Name Live Oak Quercus virginiana Red Oak Quercus shumardi Bald Cypress Taxodium distichum Sweetgum Liquidambar styraciflua Cedar Elm Ulmus crassifolia Lacebark Elm Ulmus parvifolia Bigtooth Maple Acer grandidentatum Caddo Maple Acer saccharum 'Caddo' Texas Ash Fraxinus velutina ‘Rio Grande’ Bur Oak Quercus macrocarpa Chinquapin Oak Quercus muhlenbergii Escarpment Live Oak Quercus fusiformis Ginkgo Ginkgo biloba ORNAMENTAL TREE LIST Common Name Botanical Name Yaupon Holly Ilex vomatoria Crape Myrtle Lagerstromia indica Deciduous Yaupon Ilex decidua Southern Crabapple Malus app. Chinese Pistache Pistacia chinensis Mexican Plum Prunus Mexicana Wax Myrtle Myrica carifera Chitalpa Chitalpa tashkentensis Deciduous Holly Ilex decidua Desert Willow Chilopsis linearis Eve’s Necklace Sophora affinis SHRUBS LIST Common Name Botanical Name Dwarf Nandina Nandina domestica ‘nana’ Dwarf Burford Holly Ilex cornuta ‘burfordi nana’ Abelia Grandiflora Abelia grandiflora Barberry Barberry spp. Yucca (Red, Yellow or Soft Tip) Hesperaloe parviflora Texas Sage Leucophyllum frutescans Town Council Page 65 of 125 Meeting Date: Monday, January 6, 2012 Indian Hawthorn Raphiolepsis indica Dwarf Crape Myrtle Lagerstromia indica ‘nana’ Dwarf Yaupon Holly Ilex vomitorria ‘nana’ Pampas Grass Cortaderia selloana Black-Eyed Susan Rudbeckia hirta Dwarf Wax Myrtle Myrica pusilla Needlepoint Holly Ilex cornuta 'Needle Point' Knockout Rose Rosa 'Knock Out' Rosemary Rosmarinus officinalis GROUND COVER/VINES LIST Common Name Botanical Name Asian Jasmine Trachelosperum Asiaticum Big Blue Liriope Lirope muscari Mondograss Ophiopogon japonicus Purple Winter Creeper Euonymum coloratus Santolina Santolina virens Trumpet Vine Campsis radicans Virginia Creeper Parthenocissus quinquifolia Lady Banks Rose Rosa banksiaw lutea Confederate Jasmine Trachelospermum jasminoides Crossvine Bignonia capreolata Evergreen Wisteria Millettia reticulata Lantana ‘New Gold’ Lantana camara 'New Gold' Liriope ‘Silver Dragon’ Liriope muscari 'Silver Dragon' Prostrate Rosemary Rosmarinus officinalis prostrata Sweet Autumn Clematis Clematis terniflora ORNAMENTAL GRASSES LIST Common Name Botanical Name Dwarf Fountain Grass ‘Little Bunny’ Pennisetum alopecuroides 'Little Bunny' Dwarf Maiden Grass Miscanthus sinensis 'Adagio' Fountain Grass Pennisetum alopecuroides Inland Seaoats Chasmanthium latifolium Maiden Grass Miscanthus sinensis 'Gracillimus' Mexican Feather Grass Stipa tenuissima Muhly Grass Muhlenbergia capillaris Weeping Lovegrass Eragrostis curvula TURF Town Council Page 66 of 125 Meeting Date: Monday, January 6, 2012 Common Name Botanical Name Bermuda Cynodon dactylon St. Augustine Stenotaphrum secondatum Zoysia Zoysia tenuifolia These plantings may be placed in Civic/Open Spaces or used to meet the landscaping requirements of the Ordinance. The applicant shall select drought tolerant, low maintenance, and adaptable shrubs and ground cover based on the placement on the site subject to approval by the Town. Town Council Page 67 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-639-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 9, 2012. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 9, 2012. Town Council Page 68 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-640-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Discussion of proposed agenda items for the January 23, 2012 Regular Session Agenda. Attachments:January 23, 2012 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the January 23, 2012 Regular Session Agenda. Town Council Page 69 of 125 Meeting Date: Monday, January 6, 2012 Meeting Date 1/23/2012 Item File ID Dept Have ARF? Workshop Discussion of "Independence of Boards, Commissions and Committees" provision of Handbook. 2011-607-T Rose Home Businesses - what is allowed and what is not allowed; discussion of same 2011-638-T CD Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 23, 2012. Town Sec Discussion of proposed agenda items for the February 6, 2012 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated January 9, 2012. Town Sec Public Hearing Stormwater Drainage Fee Increase CD PD-21 Amendment CD Regular Session Stormwater Drainage Fee Increase CD PD-21 Amendment CD Parkland Dedication Requirement for Canterbury Hills and Waters Edge at Hogan's Glen Subdivisions 2011-644-T CD/Parks Plat, Water's Edge at Hogan's Glen, Phase 2B-2 CD YES Plat, Canterbury Hills CD Abandon Ordinance 1999-15, road easement CD Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 6, Phase 2F (7.722 acres) located in The Highlands at Trophy Club, R. Allen Survey, Abstract No. 5 and Abstract No. 17. Applicant: Kyle Salzman, Jacobs Engineering Group Inc. on behalf of High Trophy Development, LLC. (FP-11-044) CD YES Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women's Club to hold two Community Garage Sale Events in 2012. Applicant: Sally Freeman on behalf of Trophy Club Women's Club. CD YES Special Events Ordinance Amendment CD/Legal Consider and take appropriate action regarding financial and variance report dated December 2011. Finance Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of the same. Town Sec Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Town Sec Items for Future Agendas.Town Sec Executive Session Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 70 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-641-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Consider and take appropriate action regarding the Minutes dated December 12, 2011. Attachments:December 12 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated December 12, 2011. Town Council Page 71 of 125 Meeting Date: Monday, January 6, 2012 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 12, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 12, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Glenn Strother Council Member Jeannette Tiffany Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief April Reiling PIO / Marketing Manager Mayor White announced the date of December 12, 2011, called the meeting to order and announced a quorum at 6:04 p.m. WORKSHOP SESSION - 6:00 P.M. 1. Presentation by Schrickel, Rollins & Associates (SRA) relative to the Tri-City collaboration on a landscape and beautification plan for Highway 114/170 and funding options; discussion of same. Assistant Town Manager Stephen Seidel introduced Mr. Clint Wofford from Schrickel, Rollins & Associates. Town Manager Slye stated that this item was originally scheduled as a joint meeting with Economic Development Corporation 4B and that President Jim Hicks and Director Larry Mundy were in attendance. Clint Wofford from Schrickel, Rollins & Associates presented the Council the landscape and beautification plan for Highway 114/170 and funding options and addressed questions from Council. Council member Strother left the meeting at 6:25 p.m. Mayor White left the meeting at 6:32 p.m. Total cost of project is approximately $2 – $2.7 million • Phase A – trees and irrigation – approximately $600,000 • Phase B – wildflowers and grass – approximately $360,000 • Phase C – fancy perennial beds - approximately $565,000 Town Council Page 72 of 125 Meeting Date: Monday, January 6, 2012 • Phase D – different monuments at each gateway – approximately $1.15 million • Painting sound walls and trees – approximately $42,000 Council member Strother arrived at 6:35 p.m. Presentation included in the minutes. 2. Discussion of "Independence of Boards, Commissions and Committees" provision of Handbook. Item has been tabled to the January 9, 2011 workshop. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 12, 2011. 4. Discussion of proposed agenda items for the January 9, 2012 Regular Session Agenda. Mayor Pro Tem Hoover called a short break. CONVENE INTO REGULAR SESSION - START TIME 7:15 P.M. The Invocation was offered by Mayor Pro Tem Hoover. The Pledges were led by Marketing Manager/PIO April Reiling. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No Citizen Presentations were made. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Council member Rose requested item 5 be removed from the consent agenda. 6. Consider and take appropriate action regarding the Minutes dated December 2-3, 2011 (Planning the Plan Session). 7. Consider and take appropriate action to ratify the Town's decline of 1% per-subscriber fee for Public, Education and Government facilities from Charter Cable. 8. Consider and take appropriate action regarding interlocal agreement between the Town and Town Council Page 73 of 125 Meeting Date: Monday, January 6, 2012 Denton County to provide Ambulance Services, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve consent agenda items 6, 7, and 8 as presented. Motion carried unanimously. 5. Consider and take appropriate action regarding the Minutes dated November 14, 2011. Motion made by Council member Rose, seconded by Council member Cantrell to approve consent agenda item 5 as amended at the dais. Motion carried unanimously. REGULAR SESSION 9. Consider and take appropriate action regarding the nomination of Mayor White to the Regional Emergency Preparedness Planning Council (EPPC). Town Manager Slye expressed that Mayor White has an interest in serving on this Council. Motion made by Council member Rose, seconded by Council member Cantrell to nominate Mayor White to the Regional Emergency Preparedness Planning Council. Motion carried unanimously. Council Member Rose has stated that Mayor White would be an outstanding selection for this Council; as she has attended many emergency preparedness seminars and Emergency Preparedness Planning Council meetings as this topic is very important to Mayor White. 10. Update of the proposed design of the Roundabout for Trophy Club Drive and Trophy Lake Drive Intersection scheduled for re-bid in January 2012, as well as proposed construction timeline; discussion of same. Town Engineer Tom Rutledge presented the proposed design and construction timeline of the Roundabout at Trophy Lake Drive and Trophy Lake Drive and addressed questions from Council. Town Manager Slye expressed his concern regarding the median at Village Trail and Trophy Lake Drive and stated that the Council has an item before them tonight for discussion and action. Slye states that the volume at this intersection has increased with NISD’s decision not to bus students. Mayor White arrived at 7:36 p.m. The project will be bid in January; a lot of construction companies either slow down or close during the holidays. The construction is not set to a time table; the contractor will be allowed to work until completion. Awarding will be done in February 2012 and the notice to proceed will be granted in March 2012. Construction is estimated at 240 calendar days. Cost of project is approximately $1.7 million. Discussion only; no action taken. Presentation included in the minutes. 11. Consider and take appropriate action regarding the median at Trophy Lake Drive and Village Trail. Town Council Page 74 of 125 Meeting Date: Monday, January 6, 2012 Town Manager Mike Slye explained the safety issue regarding the median at Trophy Lake Drive and Village Trail. Town Manager Slye gave Council his recommendation of removing the median and constructing left turn lanes on Trophy Lake Drive and Village Trail. Town Manager Slye stated that all the work will be done in-house. Motion made by Mayor Pro Tem Hoover seconded by Council member Rose to remove the median at Trophy Lake Drive and Village Trail and constructing the left turning lanes. Motion carried unanimously. 12. Town Manager Slye's update regarding the following; discussion of the same. - December 2-3, 2011 - Council Strategic Planning Session (Planning the Plan) - December 10, 2011 - Trophy Club's Let it Snow Event - December 16-22, 2011 - Vacation - Branding/Logo Update - HWY 377 and Bobcat Boulevard Traffic Signal Update - PD-30 Scheduling Update Town Manager Slye updated the Council and addressed questions. No action taken, update only. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - November 17, 2011 - Metroport Cities Partnership Monthly Meeting - November 28, 2011 - 26th Congressional District/TxDot Transportation Summit - December 2, 2011 - Mayor's Roundtable - December 7, 2011 - TML Region 8 Dinner/Meeting - December 8, 2011 - Emergency Preparedness Planning Council Meeting - December 9, 2011 - Denton County Mayor's Luncheon Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 14. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) Town Council Page 75 of 125 Meeting Date: Monday, January 6, 2012 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) 11. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 12. Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 13. Schedule a strategic planning session (Strother, 9/12/2011) 14. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) Council member Cantrell asked that item s 6 and 13 be removed from the list. No items were added. EXECUTIVE SESSION 15. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: (A) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (1) Potential land acquisition from Church at Trophy Lakes for public use in construction of the Roundabout (B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the duties of a public officer or employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings act. (1) Goals for Town Manager, Mike Slye Council convened into Executive Session at 8:28 p.m. Council reconvened into Regular Session at 9:16 p.m. RECONVENE INTO REGULAR SESSION 16. Consider and take appropriate action regarding the Executive Session Items. Motion made by Council member Strother, seconded by Council member Council member Rose to authorize the Town Manager to proceed with the offer to purchase the Church at Trophy Lakes Right of Way as discussed in Executive Session. Motion carried unanimously. ADJOURN Motion made by Mayor Pro Tem Hoover seconded by Council member Rose to adjourn. Motion carried unanimously. Meeting adjourned at 9:17 p.m. ___________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas ___________________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council Page 76 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-642-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Consider and take appropriate action regarding adopting 2012 Council Goals and Objectives. Attachments:Strategy Map.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding adopting 2012 Council Goals and Objectives. Town Council Page 77 of 125 Meeting Date: Monday, January 6, 2012 Fulfill Our Mission Be a great place to call home through dedicated innovative leadership, while providing superior municipal services and facilities in a highly effective, efficient manner. Safe and Secure Business-Friendly Economic Development Create effective working relationships with businesses and developers Promote new commercial opportunities Retain/develop existing businesses Increase citizen awareness and involvement in crime prevention Healthy, Picturesque and Environmentally Sound Strong Partnerships and Community Involvement Develop / enhance environmental and sustainability standards and programs Improve property maintenance standards and code enforcement Maintain neat and tidy appearance Forge collaborative relationships with other government and pubic entities Create a positive regional identity Financial and Operational Stewardship Maintain / improve infrastructure and assets Develop, recognize and retain quality staff Provide cost-effective services Improve effectiveness and efficiency of operational processes Implement strong financial management standards Promote recreational / active lifestyle opportunities for all ages Provide superior emergency services Support citizen volunteer opportunities Improve data security Maintain low crime rate Live Our Core Values Integrity and Trust ●Accountability ●Teamwork ●Innovation ●Pride and Service Commitment De l i v e r o n O u r S t r a t e g y Town of Trophy Club –Strategy Map Deliver responsive customer service Foster a well informed community 7 Town Council Page 78 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-643-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2011-26 making annual appointments of citizens to serve on Boards, Commissions and Corporations by naming a person appointed to fill a vacancy on the Parks and Recreation Board to serve for the remainder of the unexpired term; and providing an effective date. Attachments:RES 2012-01 Amending Annual Appointments_Amending Park Board.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution amending Resolution No. 2011-26 making annual appointments of citizens to serve on Boards, Commissions and Corporations by naming a person appointed to fill a vacancy on the Parks and Recreation Board to serve for the remainder of the unexpired term; and providing an effective date. EXPLANATION: Board Member Dave Glaser recently resigned his seat on the Parks & Recreation Board as he and his family are relocating to Atlanta, Georgia, leaving a position on the Board vacant. Previously the Parks & Recreation Board had selected two alternates Board candidates during the recommendation process; the first alternate was appointed to fill a prior vacancy. At this time we request that Council places the remaining alternate, Stacey Everett, on the Board to complete the remainder of Board Member Glaser’s unexpired term. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The recommendation is to appoint Park & Recreation Board alternate, Stacey Everett, to replace the position vacated by Board Member Glaser. Town Council Page 79 of 125 Meeting Date: Monday, January 6, 2012 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2011-26 MAKING ANNUAL APPOINTMENTS OF CITIZENS TO SERVE ON BOARDS, COMMISSIONS AND CORPORATIONS AND DESIGNATING TOWN COUNCIL LIAISONS BY NAMING A PERSON APPOINTED TO FILL A VACANCY ON THE PARKS AND RECREATION BOARD; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards, Commissions and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to those Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on October 3, 2011, the Town Council approved Resolution No. 2011-25 appointing residents to serve on the majority of Town Boards, Commissions and Corporations and designating Town Council Liaisons to serve at the commencement of FY 2011-2012 in those positions that were vacant and/or expiring; and WHEREAS, at the October 17, 2011 meeting, by passage of Resolution No. 2011-26, the Town Council amended Resolution No. 2011-25 to complete the appointments to Town Boards, Commissions and Corporations by making appointments to the Planning and Zoning Commission and the Zoning Board of Adjustment and to fill a vacancy on the Parks and Recreation Board; and WHEREAS, since the passage of Resolution No. 2011-26, a second vacancy has arisen on the Parks and Recreation Board; and WHEREAS, by passage of this Resolution, the Town Council hereby amends Resolution No. 2011-26 to fill the new vacancy on the Parks and Recreation Board as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Resolution No 2011-26 is hereby amended as specifically set forth below and all other appointments previously approved shall not be affected except as expressly provided by this Resolution. Town Council Page 80 of 125 Meeting Date: Monday, January 6, 2012 Section 2. That the Town Council hereby appoints the following individual to fill a vacancy on the Parks and Recreation Board for the remainder of the unexpired term: Parks and Recreation Board 5. Stacey Everett (2012) Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 9th day of January, 2012. ________________________________ Mayor Connie White Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] Town Council Page 81 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-599-T Name: Status:Type:Agenda Item Public Hearing File created:In control:Town Council On agenda:Final action:1/9/2012 Title:Public Hearing regarding a request for a zoning change for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Attachments:Application.pdf PZ Minutes 121511.pdf Action ByDate Action ResultVer. Planning & Zoning Commission12/15/2011 1 Planning & Zoning Commission11/17/2011 1 TITLE Public Hearing regarding a request for a zoning change for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. EXPLANATION: Bill Dahlstrom with Jackson Walker on behalf of JSB Properties, L.P. is requesting a zoning change for the 26.354 acre tract of land he owns located at the northeast corner of State Highway 114 and Trophy Club Drive; current zoning is “PO” Professional Office and “CR” Commercial Recreation; requested zoning change is for a Planned Development “PD-30” mixed use of multi-family, retail, professional and recreational type uses. At the January 5 meeting, the EDC-4B Board of Directors adopted the following motion: TheEDC-4B Board recommends that the Town Council continue to refine and ultimately approve PD-30 to develop retail and commercial opportunities that preserve and enhance the Town’s quality of life and is consistent with the Town’s strategic planning and visioning efforts. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: On December 15, 2011, the Planning and Zoning Commission unanimously recommended denial of this rezoning request. Staff does not have a recommendation until a complete document has been provided by the Applicant. Town Council Page 82 of 125 Meeting Date: Monday, January 6, 2012 T o w n C o u n c i l P a g e 8 3 o f 1 2 5 M e e t i n g D a t e : M o n d a y , J a n u a r y 6 , 2 0 1 2 T o w n C o u n c i l P a g e 8 4 o f 1 2 5 M e e t i n g D a t e : M o n d a y , J a n u a r y 6 , 2 0 1 2 DR A F T TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES December 15, 2011 Chairman Hill called the Planning and Zoning Commission meeting to order at 7:05 p.m., and announced a quorum present (7 members). COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Davidson Present Commissioner Forest Present Commissioner Richert Present Commissioner Sheridan Present STAFF PRESENT: Carolyn Huggins Community Development Director Scott Kniffen Police Chief Danny Thomas Fire Chief COUNCIL PRESENT: Councilman Bill Rose Approximately 45 residents in attendance. Chairman Hill made the following statement: Good evening. Thank you for your interest in tonight’s P&Z deliberations on its recommendations to the Town Council for PD-30. Any persons present and desiring to be heard during the Public Hearing concerning the item listed on tonight’s agenda should sign up on a form available by the door and present it to Ms. Huggins. Each speaker will be allocated 3 minutes for their statement on the item under consideration. Tonight’s proceedings are being video recorded. The Commission held two meetings in November to review and consider the developer’s proposal for the 26.5 acre tract of land at the NE corner of SH 114 and Trophy Club Drive. Tonight our first order of business will be to discuss in Regular Session our positions on the recently submitted Planned Development document. No action will be taken on the discussion at this time. Following this discussion, a Public Hearing regarding the request for Planned Development 30 zoning will be conducted. During the Public Hearing the Commission Town Council Page 85 of 125 Meeting Date: Monday, January 6, 2012 DR A F T will hear from all persons who have signed up to speak. However, a Public Hearing is not conducted as a “town meeting”. There are to be no spontaneous questions or comments addressed from the audience to the Commissioners or to other speakers concerning their statements or positions on the issues. If you signed up to speak and hold similar positions to earlier speakers, please so state and assist the Chair in expediting tonight’s meeting. The Chairman insists on decorum and that there be no applause during the Public Hearing. I request that Commissioners take note of the names of tonight’s Public Hearing speakers and any points they make which a Commissioner might desire to pursue further during the Public Meeting, as we will not interrupt or question speakers or conduct discussions during the Public Hearing. Following the Public Hearing, the Commission will be convened into Regular Session to discuss and develop its recommendations to the Town Council for final action on the zoning change request. The Town Council is expected to consider its action on the proposed PD-30 at its January 9, 2012 meeting. We will now proceed with the items as posted on tonight’s agenda. 2011-569-T Discussion of a zoning change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Bill Dahlstrom with Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Chairman Hill asked the applicant to make an opening statement. Bill Dahlstrom, Jackson Walker, L.L.P. stated that they appreciate all the time everyone, from the community as well as the staff, have put into the application. He stated that they have made some changes to the document and he will go over them briefly. A definition for garden apartments has been added and they have prohibited that type of apartments as they do not wish to have those type of apartments in the development. A definition for a vendor kiosk and signage has been provided. Dry cleaner plants have been prohibited. A Performing Arts Center has been prohibited. An SUP requirement has been added for restaurants with alcohol sales. The heights of structures have been reduced. Provisions have been added for architectural features for the rear of buildings along Trophy Club Drive and Indian Creek Dr. so that the rear of the building matches the front architectural style. The multi family density has been reduced from 1,000 to 500 units. There cannot be a stand-alone residential building; it must be done in conjunction with a non-residential building. The clock tower will remain on the property (although it may be moved to a different location). Environmental standards have been added – specifically to noise, air, and glare to comply with the Town’s standards. The Town Council Page 86 of 125 Meeting Date: Monday, January 6, 2012 DR A F T supergraphics signs have been removed. The minimum unit size for multi family has been increased. Chairman Hill then asked each Commissioner to express his thoughts about the PD-30 document. Vice Chairman Stephens: I am for the commercial development of the 26.354 acres better known as PD-30. I think the residents are for that, I think P&Z is for that, but I want to go on record to say that I am for the commercial development of that piece of property. I want to help move this project forward. I don’t want to hinder it. Having chaired two lengthy working sessions of P&Z, going over PD-30 line-by-line, I am mystified by the applicant’s recent submittal of PD-30 which is basically its initial form without any consideration of our comments and those two lengthy sessions. I recall PD- 27, better known as The Highlands, when we worked for months and months and months on that project and their planners wanted a European feel for that development, with shops and residences above. Their initial densities were 5,000 residences in almost 600 acres of land. This was rejected by P&Z. Densities were just way above anything we have allowed in our Town. So, we fought that battle and now The Highlands is being developed and what is being developed out there, to my knowledge, to this day, has no naysayers. It’s really nice and it has added to the quality and fabric of our lives here in Trophy Club. Now then, PD-30 initially asks for approval of 1,000 multi-family units and we’ve heard they reduced that in this updated PD-30 draft document to 500 on 26.354 acres. P&Z has said no. No multi-family residential components in the two meetings I chaired. To my knowledge these gentlemen have not changed their minds. Now then, regarding procedures, that’s Section 3 of this PD, P&Z has said no to that because it will take accountability from the hands of the City of the Town. My email has burned up. My wife is tired of transferring them to my account. However, they have been very informative; one in particular that impressed me was the one from Chris Mammon. He has only lived here two and a half years but he had some insightful things to say having had experience in the City of Irving where apartments are now a blight on that City. Regarding procedures, current Town procedures have served us well from my knowledge. I’ve been on the Commission for a number of years, not as long as Chairman Hill or Mr. Reed, and P&Z to my knowledge, during my tenure of service, we have not drug our feet on any project that has been brought to us. We ask a lot of questions, we think it is our duty and obligation to not just roll over and say go do it, and we look at the details, as they say the devil is in the details and so we look at that. That’s our responsibility so that when we make a recommendation to Council they have something that has been filtered, if you want to say it like that, or it’s been looked over, they don’t have to deal with something that is just bing out of the bag. We are not perfect up here and Council certainly has the right and they sometimes do something that we didn’t recommend, but that’s their responsibility, not ours. We are non-political. We try to keep it that way. We look at the facts, nothing but the facts, and then we make recommendations to the Council to take action on. So that is what is going to happen with this PD. Now then, in order to keep this project moving in the regular session after the public hearing tonight, I will move that we strike all references to multi- family residences, the new terminology is urban residential; I will move that we strike Town Council Page 87 of 125 Meeting Date: Monday, January 6, 2012 DR A F T that in the updated PD-30 draft document dated 12-8-11. I will also move at that same time to strike the whole procedures section, which is section 3, of the updated PD-30 document. Those have been the two major sticking matters for us on P&Z and, I think, the Town. In doing that, what it is going to do is retain accountability through the standard operating procedures that have served this Town well. I think the public, the citizens, are demanding that of us and it is something that I feel strongly about. Now then, let me say this again. I do look forward to a Performing Arts Center, something similar in size to the Scott Theater out in the Seven Corners District of Ft. Worth. I’ve been there several times. I’m a country western blue grass fan. Don Edwards, probably the greatest living cowboy troubadour in America today, the world today, I’ve seen him perform there and the beauty of going to something like that as opposed to going to Texas Stadium to see Garth Brooks, which I did once, I’ll never do that again… he’s that big [indicating with his hands ‘very small’], the sound is terrible, the heats terrible, but at Scott Theater Don Edwards is sitting right there [indicating with his hands ‘very close’]. I get to hear that great tenor voice of his and his expert fingers work the frets on that acoustical guitar. It’s just exhilarating to me to attend something like that, to take my grandchild to something like that. I look forward to that in this PD. I also look forward to dining with my wife. She likes to eat out. I like to eat. I like nice places to eat. I like white linen tablecloths and white linen napkins. I like that. I like taking my extended family. This little 15-year old granddaughter of mine, she has got me lock, stock and barrel. We took her out to Pappadeaux last Monday night to celebrate that 15th birthday. I look forward soon to celebrating that 16th or 17th birthday with her here in the Town of Trophy Club at a new restaurant in PD-30 instead of having to drive and play what’s my lane trying to get from my house to Dallas. Planner Lyle Schaller said, many years ago, if it is not necessary to change, it is not necessary to change. The only difference between those two statements is that subjunctive “if” in the first statement. My conclusion at this point is it is necessary to change PD-30 as it is submitted to us. That’s the purpose of the motion I will make in the last session, that’s the actionable session of our meeting tonight. Now then, in light of past meetings, unless you guys have really changed, I expect the same. Commissioner Sheridan: I would like to be the one to second that motion to approve it. That’s my goal. In the meantime, though, I’ve reviewed the document and with the proviso that there is zero residential in the document and that all procedural staff approval has been removed, I went through it and I would like to have a dialogue, a back and forth on both of us, to resolve any issues I’ve got remaining so that I can be the second of that motion. As an example of the complexity that is remaining, on page 4 of the 12-8 document that I’ve reviewed, there is a definition of hardscape and hardscape includes streets and driveways. Then you go to page 5 and there is a definition of open space and in the definition it has that it is an amenity and the open space definition includes hardscape. It says that amenity includes streets and driveways and parking. Then you go to page 13 where it defines how much is calculated in open space and I’m concerned with the open space in that calculation including the streets. I’d like a dialogue between us to resolve my issues and I’m only using this example as a microcosm of the issues. I’d like to go through the whole document and say these are my concerns and talk back and forth and try to get some Town Council Page 88 of 125 Meeting Date: Monday, January 6, 2012 DR A F T type of agreement so that we can recommend approval to the Town Council of a document tonight. Thank you Mr. Chairman. Commissioner Reed: I pretty much concur with their comments. When we got this latest draft, I was not only stunned but I was disgusted to see that they had completely ignored all of the things that P&Z had spent five or six hours on reviewing this project. I expected to see a draft come back from them that took into consideration what we expected them to do. All we are asking them to do are follow the rules and regulations that every developer for the past 25 years has followed here and it’s worked just fine and there is absolutely no reason to change the process. I’ll be brief and let the others talk. Commissioner Davidson: Well Gentlemen, I have to say the current document was a bit of a disappointment but at the same time I think it is worth articulating to yourselves, the Commission, and the residents that you have in fact made several concessions along the way. Some are fairly significant. There are other pieces that fundamentally adjust what we do within this PD over any other PD that we have. We’ve agreed to many of those points in our previous sessions and I think that speaks to the Commission being insightful enough to understand that maybe some of our current conditions don’t necessarily apply; however with that said, I think the overwhelming majority of the residents feel that certain pieces and parts didn’t necessarily reflect Trophy Club and I believe, Mr. Twichell, you stated very clearly in one of the early meetings that if you don’t have buy in from the residents then the project is just not going to fly. I think the residents have been pretty clear in their displeasure at least in the current offering. With that being said, what is encouraging to me is the amount of effort that both of you put into previous developments. They are very good developments. They are representative of what needed to happen in those areas and have been very successful and they continue to do so. Trophy Club is considerably different than many of those places. In order to do something similar, it would require you to dig deep and find those changes that need to embrace the business side of it yet still maintain the quality of life in Trophy Club that everyone came here in the first place expecting to retain that. So, I by no means want to keep development from taking place because we need that, but it can’t come at the expense of the taxpayers. There are more than just a few examples of where you bring in a development, it’s good for 5, 10, 15, maybe even 20 years, and then bad things start happening. I think we only have to look to the current malls around the country to see that exact type of turn take place where it’s all exciting at first and then it falls apart so being able to maintain that unique aspect of that area and make it desirable so that it is something that will continue to prosper along the way and benefit the residents instead of being a burden, that’s what we are all looking for. Now, given the fact that there’s been a lot of compromises along the way here, even with that I would ask, is it still possible to meet all of these requirements where the residents can be proud of the end result where the Town does in fact benefit from the higher tax revenue but without incurring excessive overhead and really stretching our limited resources beyond what they are capable of today. And, will you be able to, as a developer and land owner, achieve your goals and objectives for this project. It’s a Town Council Page 89 of 125 Meeting Date: Monday, January 6, 2012 DR A F T balance and that balance is going to be reflected in this PD so thus it has to be stated such. Commissioner Forest: I agree with everything people have said except I don’t think any of us have gone far enough on this. My feeling on this is that the whole PD-30 should be voted down and a new proposal brought to P&Z by the developer. There are just so many issues that we can’t agree on that we are getting from the public that we are going to spend more time fooling around trying to adjust this PD that we start off from scratch again and I realize that’s not what the applicant wants to hear but if they come out with what we’ve been talking about and agreed to it could happen very quickly. How high are we talking about with the height of the buildings? Garden apartments… Residential… the signage… drainage problems… mixed use…. I look at that and I’ve read it so many times I’m sick of it. Really bothers me. These issues have not been addressed. I’m going to make a motion whether it gets a second or not, when it comes time to make a motion that the whole thing be turned down. I’m not against the developer on this at all. That’s fine. But I think our job sitting up here is to look after what the people in Trophy Club want, and what we are hearing from the people in Trophy Club… I can’t even go to church anymore. Commissioner Richert: As the newest member of the Planning and Zoning Commission I was very excited when I first heard there was a planned development being considered for this piece of property, something that has been needed for a long period of time. I’m not being facetious. I enjoyed the statements that were made at that time that there was a spirit of cooperation that would be shown in this and that all parties would be heard, that there would be several public meetings, and a lot of discussion about what was best for the community. I’ve been very disappointed in this last draft that I’ve seen. As we painstakingly went through item by item, our concerns and we think the citizens concerns on all the items within this 57 page document, I’ve been very disappointed that those have been virtually totally ignored except where some have been changed to be even possibly more difficult to work with. I agree with those that we need to go back to our document that we provided and the information we provided of things that we think need to be changed and discuss those in detail so we can reach a mutual agreement. Until then I’m very disappointed and will probably second one of the motions proposed. Chairman Hill: My feeling on this is that the Commission, through a couple of very lengthy and detailed meetings with the developer expressed our problems with a number of the items in the original document. We submitted a copy of all of the proposed modifications to the developer and what we got back 10 days ago essentially reverted to the initial documentation that was furnished to us with some minor modifications in regard to some apartments being eliminated and I don’t feel we’ve gained anything in the several months we’ve been involved. So unless some of the Commissioners have any second statements they’d like to make I believe we’ve concluded the first part of our regular session. At this time we’ll move to the Public Hearing. Town Council Page 90 of 125 Meeting Date: Monday, January 6, 2012 DR A F T 2011-599-T Public Hearing regarding a request for a zoning change for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Bill Dahlstrom, Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Rufus Nicholson, 235 Oak Hill Drive: I am glad to hear the opinions of the Commission and I’m very encouraged. I’m going to limit my comments to just one area – regarding the multi-family units. I understand the developer has made some concessions going from 1,000 to 500. If 1,000 is bad, why is 500 good? If 500 is only half bad I cast my ballot for saying let’s not have any bad at all. There is another comment I just heard about, increased tax revenue from the development and if that is considered to be part of the multi-family I have a comment on that. I googled the cost for a public school student just before I came over this evening and it looks like it’s about $10,000 per year per student in Phoenix which is the lowest in the country, up to $27,000 per year in New York which is the highest. I figure we probably fall somewhere in the $12,000 per year per student, I’m not sure how that fits in, but has this been considered in the statement that they are going to increase the tax base? Maybe we’re going to have more expenses than we are going to gain by it. Joel Quile, 350 Quorum: I appreciate the opportunity to speak. I want progress. Obviously it is important to me as it is to most people here and I want the Town to grow. Of course I want to make Beck happy because I rent from that property so definitely want to stay in their good graces and I think they’ve been pro-Trophy Club, they have done a lot for us, but I love this Town and long after many of us will be gone I believe I’ll still be here. My position is this. I would urge P&Z to follow Mr. Forest’s lead and table this or shut it down and I would go even a step further than that, I think we don’t need to fast track it, not that you guys haven’t done due diligence and I appreciate it greatly, you’ve worked hard, but a couple of meetings and some powwows with you and some garage sale signs out on the property is probably not enough in my opinion. I don’t want it to go the way of the roundabout or the Mormon Church. I think my thought is that we put a committee together with people on committees and Town Council as well as just citizens; I served on a citizen board for the charter with Councilman Rose and it was highly productive. Every Monday for a year we fought and argued with the likes of Ben Brewster and all kinds of people and it was valuable and it helped. So that’s my idea. Take six months or a year and really communicate well with the Town and what we are trying to do. I preach for a living and how you start a sermon counts and how you end it counts. Same with flying. Trophy Club started really strong. This is the last big deal for Trophy Club. I hope we end it really really well. I would urge us to take our time, not rush it, and get something that is good for everybody, everyone is excited about, and we’ll end it really really strong. I’m hoping that Mr. Stephens and I will have dinner in a nice restaurant and he can introduce me to some country music and so I’m looking forward to what’s going to come, but let’s take our time. Town Council Page 91 of 125 Meeting Date: Monday, January 6, 2012 DR A F T John Caldwell, 255 Oak Hill Drive: Mr. Stephens took away most of my thunder. I do realize there are a number of reasons to be very thoughtful about how this is approved and what we do with that 26 acres because it is the gateway to our community. I passed out pictures of the Quorum and the disrepair of the Quorum and my thought on that when I did that was to have people understand what can happen with multi-family dwellings with an absentee landlord and also recognize that the pictures are not just of those in the floodplain, those pictures are others that need to be improved as well. I also recognize that property was there 20 or 30 years ago. I don’t know how many of you play golf but anyone who plays golf in Trophy Club and particularly plays the Hogan, and there are thousands of people every year who play in tournaments here, and the first 13 holes of the Hogan are beautiful, well kept single family dwellings, people out working in their yards and keeping their gardens, and on 14 you drive along and there are woods on the right, beautiful, well kept homes on the left all the way down, you go across the creek and you look over to your right and there is the Quorum. I’m not saying that I know what the answer to that is, but I know that must be an absentee landlord and I was told there are issues here as far as getting that resolved, however, an absentee landlord 30 years from now, and I think the majority of us won’t be here, I think the odds are not very good that we will still be here; we’d love to still live in Trophy Club, but from a longevity standpoint we aren’t going to make it. Those new homes that are being built out there are younger families and they are going to be here 30 years from now. They will want to see the gateway to Trophy Club, and I think that 26 acres is the gateway to Trophy Club, they will want to see that as something that represents this Town and everything that it stands for. Ya’ll said a couple of times when you were going through this that we’ve got rules and I think one of the rules for that property is that there are no multi-family dwellings in that property so what the hay? Why not just follow the rules. Thank you, Mr. Stephens. I appreciate you taking all my thunder away, I had another 15 pages here but you took it all from me. Susan Edstrom, 269 Oak Hill Drive: I would like my remarks made a part of the public record. I want to commend and thank the Commissioners for their hard work on our behalf and for hearing what residents said, listening to what we did and didn’t want, and working to make this development something that is good for all residents. I share in your disappointment in the lack of responsiveness to the input. The developer and landowner clearly either didn’t hear us or you or they ignored it. So, in my mind that verges on an insult. We’ve been asked by Council to clearly define what we do and don’t want. They unfortunately may not have been listening well enough to delineate between the two because at the meetings I’ve attended, both desires have been pretty clearly stated. So, to begin with, we do not want apartments. I don’t care if you call them an apartment, a work life unit, an urban unit – it’s an apartment. I disagree with the developer and those working with him that this development can’t work without them. I think part of the disconnect is they don’t understand what Trophy Club is. We are not an urban neighborhood or a development of disconnected gated communities. We are a cohesive bedroom community who desires commercial development that will provide convenience to us and those communities that surround us. We would also like to see destination type businesses that would draw people into our community. We like the idea of a development that would allow for walking throughout. In the last meeting Town Council Page 92 of 125 Meeting Date: Monday, January 6, 2012 DR A F T the architect referred to this as an urban development. That is not what Trophy Club is and it makes absolutely no sense to me to say that this last 26 acres of commercial development should be something wholly different than what we are today. Maybe he should come out during the light of day and drive around and really see and understand what we are and what Trophy Club is. 500 or 1,000 units in my opinion will not make an iota of difference when you talk about the residential numbers already available in this area and of people eager to shop and dine. We are in the neighborhood, Trophy Club, of about 8,000 residents. Roanoke approximately 4,000. Westlake about 1,000. And Southlake 27,000. If the businesses on that 26 acres cannot survive with those numbers for night time business, adding 500 apartments will not make or break,. So you have to ask the question, who needs the apartments? The businesses or the land owner? Second, we should not abdicate viewership of changes out of the public eye. That is not open government. If changes are made they should not happen behind closed doors between staff and the land owner or developer. We have had recent cases of issues that have occurred after decisions were made and ordinances, PDs and such were in place. Eliminating the public accountability opens up the opportunity for additional issues if that should come to pass. Having served on Council, I know firsthand that what we see on a concept plan can and does often turn out to be two very different things. If anybody would like to sit down for about 30 minutes or so with me I can give you a half a dozen examples of what I’m talking about. So to end, I’d like to say that I hope your recommendation to Council will not include any apartment, work life unit, or unit by any other name that is an apartment. I hope that you will not allow abdication of changes not to be made through the process that we have today because it keeps it in the public eye, through your eye and through your lens before it goes to Council and before anything is done. Lisa Hennessey, 45 Panorama Circle: I agree with everything Susan Edstrom has said. I’m totally on board with that. I’d like to thank Planning & Zoning for listening to the residents concerning what we do and don’t want because it doesn’t appear that the Town Council is, because Mayor White was quoted in the paper last week as saying, we know what the residents don’t want, but what do they want? I don’t know if any of you are aware, but two days ago in our local news a newscaster stated, it looks as if apartments in Trophy Club are going to go through. This should alarm everybody here because that means that somebody they interviewed at our Town has led the news to believe it. If that is the case, does it really matter what the residents want and what Planning & Zoning recommends -- if you recommend no multi-family or urban residential? Because if the Town Council has already made up their mind about this will you be able to make a difference? Can you change their minds? They are elected and hired officials and they need to understand that the residents of our Town do not want any type of multi-family dwellings and if they get passed they can pretty much be assured that they won’t be reelected to represent the best interests of our Town. I would also encourage Planning & Zoning to change the wording of the hotel to include a full service restaurant so we can get a quality hotel. The present definition of hotel as noted in the document would actually qualify property such as a Studio 6, which is another extended stay hotel, Days Inn, Microtel & Suites, as well as other numerous hotels of this class. I personally contacted these hotels. They all had 24-hour staffing, Town Council Page 93 of 125 Meeting Date: Monday, January 6, 2012 DR A F T a lobby and a meeting conference room. I do not believe that Trophy Club residents are going to be comfortable with those types of hotels being built at another Town entrance that could be up to ten stories in height. If we really want to rebrand our Town, why not consider an upscale hotel and spa. We love Trophy Club and it is a great place to call home and we would like to keep it that way. Having more low income multi-family dwellings or another low income hotel will not help our Town image. However, I say this in the absence of a formal plan which has not yet been offered to the community. It is very disturbing to me that the professional representation of Trophy Club would even consider moving ahead on approvals without firm documented design concepts. While the Shops at Legacy are very nice, they are not at the entrance to a golf course community and they do not back up to our neighborhoods. I would encourage you all to stay firm and say no to the multi-family dwellings. Danny Mayer, 2201 Prestwick: By now you have probably figured out that I am retired and I write a lot of letters because you get a lot of them. I moved out here about a year and a half ago from Southlake and absolutely love the community. I’m an old northeast Tarrant County boy, I grew up out here, like country music. First of all I’d like to say to these two gentlemen [indicating Mr. Dahlstrom and Mr. Twichell], we do not need to vilify them, they are just the messengers. We do understand that folks, we do understand that you are just the messengers. We have a wonderful community. I was very distressed, as you were, when I saw that last document posted. I was coming tonight and my request was going to be to reject the entire thing and send it back because obviously they are not listening to us. Failing that, I think the next best option is long as it doesn’t have residential in it, I’m all for it. I have been all for it from the day it came about. We need commercial development. We need retail space there. We need restaurants. We need hotels. Whatever. But it is so convoluted and I certainly agree with you Commissioner Sheridan it is so convoluted I don’t know how you can take the document that is there and just take out the multi-family and make it work. There are just too many questions that I don’t think you are going to be able to vote on it tonight. Just a couple of other things. Trophy Club has 91.4% owner/residents. We have 6.3% multi-family. When you add those two together, there are not many homes out here that are rented. I live in Turnberry. The second phase of Turnberry is just opening. There is not a home being built in there right now that is less than $500,000 and they go up to $800,000. That is not an apartment style community. We don’t need multi-family here. The developer says it won’t work without apartments but you guys are not stupid, obviously. You can drive around. There are lots of developments in all of these suburban towns around here that don’t have a parking stacked on top of them. I certainly would like to see the 26 acres become something that is good to us. In my letter that you got yesterday or today I made four points. We have yet to see a site plan. I remember in the first meeting Mr. Stephens said that we would never approve anything without seeing a site plan. We haven’t seen one and I spoke to the Mayor about that last week when we were at a Christmas party; I buttonholed her and she said that she has asked for a site plan and Mr. Beck says he won’t give us a site plan until he knows what is being developed. So, my suggestion is to go with Commissioner Forest. I’d just like to see it done away with and start over again and maybe they’ll listen this time. Town Council Page 94 of 125 Meeting Date: Monday, January 6, 2012 DR A F T Gary Mellama, 11 Hayes Court: I’ve been here 33 years. I was part of the first development of this city. We all met over at Dale White’s house and we put the beginning of this city together. This city, in my mind, was designed, implemented, the thought pattern was we would be a bedroom community, we would be a recreational community based on golf, based on tennis, based on a good residential family. I agree whole-heartedly with Mr. Forest. I agree with Mr. Stephens. I agree with Susan. I agree with most of the people who have talked here. This thing has gone to the part where, I don’t like coming to these things, but you’ve finally got me up because I’m a little upset. So please Mr. Forest you can jam it through, do it. Mr. Stephens, I love country music too, but I don’t want multi-family. I don’t want the problems that entails. Please take that into consideration. Daniel Donegan, 2211 Prestwick: Similar to Danny Mayer, I’ve lived in Turnberry for a year and a half. My wife and I moved here because my wife was transferred here and we have two 11-year old twins. One of the reasons for coming to this community was for their future. It’s a great community. My kids go to Medlin Middle School. We started a community service project. When I was in the air force I lived in multi-family communities off base. I was active in the community but when I would ask people for help I would never get it. When I go to my neighbor and ask their kids for help, I get it. My kids at Medlin, we’ve already provided the city with 200 hours of free community service and that’s what kind of community I want to live in for my kids’ future. I do not want multi-family development. I’m definitely for thoughtful commercial development. I don’t just want something dropped there and not thought out. I do want you guys to pass on to the Mayor and the people making the final decision that the residents do not know enough about this. I found out about it within the last two weeks. As a resident, they need to send out letters to everybody and say this is what is on the block and this is what is going to affect you. The rest of the city needs to know about this. I definitely think I’m going to be more involved. I can guarantee you 20 of my friends will be at the next meeting, if not more. Again, we need to let everybody know about this and you guys need to let the information spread to the community that it is going to affect. Robert Hoch, 245 Oak Hill: I’ve lived in Trophy Club since 1989 and I’ve been on Oak Hill since 1992. This application for a change in zoning is a farce. The P&Z Commission to recommend to the Town Council, Mr. Forest stole my thunder, that the entire application be rejected and the Council should honor that recommendation and consign the entire 59 page document to the recycling bin which is tomorrow. This property has been zoned for professional offices for years and that zoning classification is what home buyers expected when they bought homes here. Agreeing to this proposed zoning change would create an indelible blot at the main entrance of our community and would provide nothing of value to those of us who live here. The proposal, with its minimal setbacks, multi-family housing and over tall buildings seeks to enrich the developer at the expense of the environment that has attracted people to this town for many years. If granted, it will adversely affect the appearance of our town; diminish property values for everyone and not just for those who live in adjoining properties. I see no earthly advantage to the approval of this zoning change and I defy Town Council Page 95 of 125 Meeting Date: Monday, January 6, 2012 DR A F T anyone to argue convincingly that there is any benefit to our community in granting its approval. I ask that the Council reject it and maintain the zoning as it is. Should the Council decide in favor of this request, over Mr. Forest’s upcoming motion I presume, I offer my full support to those who will begin the effort to recall the Council members who voted for it. Christina Cari Pearlman, 6 Hamper Ct.: I love Trophy Club. Earlier a gentleman spoke about an absentee landowner and showed us the results using photos of the Quorum. A picture tells a thousand words. This is rental property and rental property is income producing property and investors are always looking for the bottom line – profits. On the other hand, homeowner property is not a depreciable item. Income producing property is. Rental property investors require profit. Yet, it also requires additional investments. Those investments require additional funds for repairs, for maintenance, for obsolescence of design, for unplanned emergencies and repairs and etc. On the other hand, homeowners have a love and pride for their homes and the quality of life is utmost important. Do not be offended that homeowners do not want multi-family apartments, work live arrangements, or whatever you want to call it, because rental property investors have different objectives than homeowners. Ms. Huggins: There are 20 residents within 200-ft. of this property, all of whom were notified of this public hearing. The next speaker, Linda Gray, is one of the residents who lives within 200-ft. of the 26-acre property. Linda Gray, 11 Jennifer Ct.: I live within 200-ft. of this property. I want to thank P&Z for your considerations to the residents. I think you guys and all of us are on the same page. I am in favor of the retail commercial development. When we bought here in 2003, it was obvious then, as it is now, that that land will be developed for commercial reasons. I love the idea of the Performing Arts Center, the upscale restaurants, the retail, even an upscale hotel. However, I am totally against any multi-family housing and any building over four stories tall. Many people in here have spoke about the multi- family housing so I don’t need to go on about that, but I haven’t heard much about the heights of these buildings. I’ve driven around and everywhere I go I am counting one, two, three, one, two, three, one, two, three, four, how tall are the buildings around here. Most of them are between two and four stories tall. You don’t get ten story buildings until you hit Dallas and Ft. Worth. To put a 10-story building on this property would be… I don’t know, some sort of beacon or something. I don’t know what it would be, but I just would not fit. It would not be congruent with anything else that is going on around here. Chairman Hill closed the public hearing. 2011-569-T Recommendation of a zoning change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Bill Dahlstrom with Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Town Council Page 96 of 125 Meeting Date: Monday, January 6, 2012 DR A F T Chairman Hill asked if the applicant wished to make any statement. Mr. Dahlstrom did not wish to make a statement and Vice Chairman Stephen asked to make a motion, citing Robert’s Rules of Order when other Commissioners asked for discussion, i.e., Mr. Stephens stated that Robert’s Rules of Order – you make a motion and you can only discuss what is considered before the body via a motion. Therefore, Chairman Hill, I move that we strike all multi-family residences under any other names mentioned in PD- 30, dated 12-8, urban residential, we strike all of that and we also strike Section 3 which deals with procedures. Commissioner Sheridan seconded the motion and then asked to amend the motion to include all references to staff approval – not just Section 3 – because there is reference to staff approval all through the document. Vice Chair Stephens agreed to the amendment. Commissioner Forest stated that there are too many other things needed to amend. I can’t list all the items that would be needed to amend a motion so I am voting against it. Commissioner Sheridan asked if it is feasible to continue with that amendment. He stated that he would like to have a dialogue and go over the rest of the document to discuss it as a commercial property, but if there is no compromise on the amendment then there is no reason to keep going. But, I would like to keep going. Mr. Dahlstrom: We really believe that a residential component is integral in this kind of development. I understand what the community is saying and I believe that what we are proposing is not a garden variety apartment and if anybody would have visited any of the developments that we’ve shown you could see that the quality of residential is there. Keeping the dialogue open is always favorable. The procedures section is advantageous; your consultant said that’s advantageous also for the types of developments we’ve worked on so I believe it would be desirable to remain in, but obviously we will deal with the Planning and Zoning Commission’s recommendation as far as both of those issues go. Commissioner Sheridan: If there is no agreement to that then I would not vote for my own second. Commissioner Reed: I’m just waiting for Mr. (?)[can’t hear] recommendation. Commissioner Davidson: As part of this amendment to what we are talking about, we still have several pieces that were not included in this document and it would take the better part of an hour probably to go through each and every piece that we’ve already gone through before so in my view we have an incomplete document based on our previous discussions. We’ve brought up several issues by the Town’s folks so now I’m between a rock and a hard spot here. Commissioner Sheridan: I have six pages of discussion items to correct that. Town Council Page 97 of 125 Meeting Date: Monday, January 6, 2012 DR A F T Vice Chairman Stephens: My motion does not preclude other motions and other items of discussion. My motion is simply to get to the heart of the matter and those are the two sticking points and there are no doubt some other issues that we would want to look at tonight, but these are the major points and if we can get past this then we can deal with the other. This is not the last motion, no doubt, tonight. Commissioner Reed: I agree with James’ idea of those things, but the point is those are two major things, but there are dozens and dozens of minor things that we covered during those five hours of discussion we had in P&Z. So if we follow James’ idea we haven’t resolved the problem. We still have those dozens and dozens of other items that have to be cleared up. Beck Properties was notified of what we did in P&Z, as we’ve mentioned two or three times already. Beck completely ignored them. I don’t think James’ proposal goes far enough. There is too much to do. We’ve got to get back to Mr. Forest. Commissioner Davidson: It is clear that it is incumbent upon the P&Z Commission to put forth to the Council a complete document. This is anything but. I think trying to amend what we have is problematic at best. If the changes that we had suggested in this document, and it was reviewable at that point, and we were to come to a consensus as I believe we did on a couple of sticking points, so thank you for that, then I think we could in fact move forward with it. As the document sits, if this is what we hand over, we have no guarantee that it is going to represent what the P&Z recommended in the previous meetings. If it was going to, it would have been in there right now. I have a distinct problem with that piece. Commissioner Richert: I agree. I have a serious problem with not going over those items that were submitted by P&Z as recommended changes. There is a lot of detail involved in that. We have a lot of concerns about some very small items because they do affect what will be the city’s role in supporting this property 10, 15, 20 years from now. I see a number of instances on the negative side where things that are stated in this document seriously impact the ability of the city to, frankly, take care of the property and support the Town’s mission statements. Chairman Hill: We have an amended motion before us. Commissioner Sheridan: That was the primary point, but all I was trying to do was get to a point of having a dialogue to go over the rest of the document. Without going over the rest of the document to discuss height, to discuss FAR (which is density), to discuss open space – that’s where I was trying to get to. I was just trying to move it along so we could continue the conversation. I think the property needs to be developed. I think it needs to be developed commercial. I think that would benefit the Town. I would like to see it developed in a high quality and with a boutique hotel. The question is the terminology. How do you put high quality into language that is legally enforceable and how do you put boutique into a hotel that is legally enforceable. If I listen to the architectural styling that they’ve asked for I would basically agree I just have a problem, Town Council Page 98 of 125 Meeting Date: Monday, January 6, 2012 DR A F T and would like to talk to them, about how to put it into good language that would create a final document. If we are just going to say, hey you didn’t go a good job and go back and start over again, where at sometimes I felt that was the way to go, at the same time we have the gentlemen here and I would like to continue talking. Commissioner Forest: I’m not bringing this up to postpone this thing and drag it out or anything else, but there are so many issues on there that are brought up… number one height. Hotel – how high is that going to be. Parking garage. Signage. Drainage. There are so many things that we are not able to… why can’t the developer… he knows what we want or at least he should know what we want and what we don’t want. Come on. Bring us something we can take a look at and go from there. For us to sit here and tell the guy what to do I don’t think that’s our position at this point. If he wants to do it then he can bring it and present it to us. If we like it, fine. If we don’t then we can turn it down, but I’m not sure it’s our place to sit here and tell him whether he should have a one story building or a two story building. Commissioner Sheridan: Along those lines, when we’ve had previous developers in here and I’m thinking very specifically of D.R. Horton, they had the option and the ability, and we had the ability, to sit there… there were tables, we were here, we went back and forth over the whole thing, we went through densities, we went through quality, we went through issues, and it was a conversation. It wasn’t here’s my comments go back and redo it. It was an open dialogue and that’s what’s not here right now. We had a meeting on the 3rd and made a lot of recommendations. We raised a lot of issues that we were concerned with and unfortunately they weren’t able to attend for some reason. I would like to offer them the opportunity that we had with D.R. Horton to at least one-on-one go back and forth with us. They don’t have to. They can go back and just either take this to revise it to our previous meetings, which all of my comments will include the November 3 meeting… ok, I don’t mean to belabor the point. Chairman Hill: From my viewpoint, what has happened here is the document was brought to P&Z, which was considered at the meeting on November 3 and then a second meeting on November 17, I believe, and suggestions were made about modifications, reduction in multi-family housing and all this, yet when we get a document back here in early December it has reverted essentially to what was presented the first time with very little consideration of those several hours of meetings in November. Either it wasn’t expected to be accepted by the Commission and the Council, or we were supposed to belly up to the developer’s desires to putting whatever he wanted out there. There’s where I see where we are now. If you are willing to go back and review the points that were made previously and make modifications, then we would have something to consider. As it is I don’t think we have anything here to consider. Commissioner Davidson: I think we’ve all made the point pretty clear but I think we’re to the junction with this process that it’s very broken right at the moment and I don’t think that’s fair to everybody that’s concerned. I agree with Commissioner Sheridan that having that dialogue I think is important and doing that as a small group in executive Town Council Page 99 of 125 Meeting Date: Monday, January 6, 2012 DR A F T session or however it makes sense that we did it with Horton going forward to get that input, understanding what the sticking spots are, what it’s going to take to have the development be successful, but incorporating what we understand clearly from the residents and what goes into our own zoning ordinances. I think we could come up with a document that represents all parties concerned here and we don’t need to do it in an adversarial way. Everyone stands to benefit in some way shape or form here but also we stand to be burdened with something that is less than desirable if done improperly. To force this through in its current form is not acceptable. It doesn’t fit the Town. It’s not going to fly with the residents and I think that’s a danger. I don’t think we want to go there, but we do want to develop it and I hope that part is very clear. We want to do that with you, not against you. So there’s lots of latitude in here and I think that when you get the agreement from the Town and from the rest of the residents and even from the Council members on what items are in play and what aren’t in play then that helps narrow down the parameters as to where you can exercise your creative license and really come up with something that represents what I think the majority of people are looking for. You are very talented folks; you have proven that over the years. We need to leverage that talent and I don’t want you to think that we are pushing you away because that is not the intent. I view this as it’s a correction or small adjustment in direction. You’ve compromised on multiple items here and done so maybe reluctantly at times, but you have done it and I commend you for that. That is a very important step and that should go a long ways towards the residents as well to show that there is some good faith here. I trust in you guys ability to do this. I think we have an environment here that is different than what you had before and I think working together to make it the proper PD representation so you can hold that document up with pride and say yes this is the model going forward that is where we need to be. That I will support whole- heartedly. Commissioner Reed: I understand Dennis’ idea. It’s great to have dialogue with people but we, in essence, presented our side of the dialogue with the results of our two meetings. Their dialogue coming back to us completely ignored it. So where do we go from there. They know what we want and we get nothing back from them that even relates to it so I think it is a dead horse. Vice Chairman Stephens: I want to go back and give a rational for my motion. We need to know, as a Commission, if applicant is willing to continue the dialogue in light of this motion before this group tonight. I hear Mr. Dahlstrom saying we will continue to talk. I like that because we want to continue the conversation, but we are not interested in continuing the conversation as long as there are multi-family residential words in this document. Zero. There is no need in continuing the conversation if they will not accept the city maintaining its standard operating procedures which serve us well and will serve you well. We will help you. We are for you. So I made that comment beginning the meeting tonight to give everybody a heads up and hopefully by doing that we would avoid any apoplectic comments from anybody around here or out there. I’m testing the waters. At least it begins the dialogue where we want to begin it and that is at the heart of the matter – the commercial development of the property sans residential and your procedures. If you are willing to continue that then I think I’ll call for the question. That Town Council Page 100 of 125 Meeting Date: Monday, January 6, 2012 DR A F T is a non-debatable motion and we have to vote at this time. I move the previous question. Chairman Hill called for the vote. The motion failed 2-5 (Chairman Hill and Vice Chairman Stephens voted for, all else opposed.) Commissioner Sheridan asked to explain that he voted no because he wished to be able to go over the rest of the document with the applicant and without that he can’t vote for the motion. Chairman Hill recognized the applicant. Mr. Dahlstrom: First of all I would like to say that this is not an adversarial procedure. In discussing this with the architect, I just don’t know if we can live without the residential component and I believe the procedural issues are important to us if that helps you in making your decision tonight. Vice Chairman Stephens: I make a motion that we recommend to the Town Council denial of Planned Development No. 30 (PD-30). Commissioner Sheridan seconded the motion and then withdrew his second so that Commissioner Forest could make the second. Chairman Hill called on Commissioner Reed who stated: This pretty well fits my feelings. Chairman Hill called for the vote and the denial passed unanimously. Mr. Dahlstrom thanked the Commission for its time. Chairman Hill adjourned the meeting at 8:30 p.m. Town Council Page 101 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-632-T Name: Status:Type:Agenda Item Regular Session File created:In control:Town Council On agenda:Final action:1/9/2012 Title:Discuss a zoning change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission12/15/2011 1 TITLE Discuss a zoning change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P. EXPLANATION: Bill Dahlstrom with Jackson Walker on behalf of JSB Properties, L.P. is requesting a zoning change for the 26.354 acre tract of land he owns located at the northeast corner of State Highway 114 and Trophy Club Drive; current zoning is “PO” Professional Office and “CR” Commercial Recreation; requested zoning change is for a Planned Development “PD-30” mixed use of multi-family, retail, professional and recreational type uses. At the January 5 meeting, the EDC-4B Board of Directors adopted the following motion: TheEDC-4B Board recommends that the Town Council continue to refine and ultimately approve PD-30 to develop retail and commercial opportunities that preserve and enhance the Town’s quality of life and is consistent with the Town’s strategic planning and visioning efforts. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: On December 15, 2011, the Planning and Zoning Commission unanimously recommended denial of this rezoning request. Staff does not have a recommendation until a complete document has been provided by the Applicant. Town Council Page 102 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-646-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Consider and take appropriate action regarding a Developer’s Agreement for the Hampton Inn & Suites to be located at 525 Plaza Drive in Planned Development No. 25 (PD-25), Trophy Wood Business Center. Applicant: Hydra Hotels, LLC Attachments:Staff Report - Developers Agreement - Hampton Inn.pdf Developer's Agreement - Hampton.pdf Attachment A - Public Infrastructure Costs - Hampton.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Developer’s Agreement for the Hampton Inn & Suites to be located at 525 Plaza Drive in Planned Development No. 25 (PD-25), Trophy Wood Business Center. Applicant: Hydra Hotels, LLC EXPLANATION: Council approved a Site Plan for a 4-story Hampton Inn & Suites on December 1, 2008. The applicant is now ready to proceed with the project and a pre-construction meeting is scheduled for Tuesday, January 10, 2012. A Developer’s Agreement between the Town and the Hampton Inn & Suites owner is needed for the public infrastructure portion of the construction. The applicant will be building a public storm drain, sanitary sewer connections and water connections which will be dedicated to the Town upon completion of the construction as outlined in the Developer’s Agreement attached for Council’s review and consideration. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval. Town Council Page 103 of 125 Meeting Date: Monday, January 6, 2012 SUBJECT: Consider and take appropriate action regarding a request for approval of a Developer’s Agreement for the Hampton Inn & Suites to be located at 525 Plaza Drive in Planned Development No. 25 (PD-25), Trophy Wood Business Center. Applicant: Hydra Hotels, LLC APPLICANT/OWNER: Hydra Hotels, LLC 1200 Walnut Hill Lane, Suite 3500 Irving, TX 75038 LOCATION: 525 Plaza Drive Northwest corner of Trophy Wood Dr. and Plaza Dr. ZONING: Planned Development No. 25 (PD-25) REVIEW AND RECOMMENDATION: Council approved a Site Plan for a 4-story Hampton Inn & Suites on December 1, 2008. Shortly thereafter, the applicant placed the project on hold due to the down turn in the economy. The applicant is now ready to proceed with the project and has submitted an application for an earth disturbance permit, tree removal permit, and building permit. A pre- construction meeting is scheduled for Tuesday, January 10, 2012. A Developer’s Agreement between the Town and the Hampton Inn & Suites owner is needed for the public infrastructure portion of the construction. The applicant will be building a public storm drain, sanitary sewer connections and water connections which will be dedicated to the public upon completion of the construction as outlined in the Developer’s Agreement attached for Council’s review and consideration. Attachment “A” of the Developer’s Agreement consists of the construction estimates, reviewed and approved by the Town Engineer, which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Developer’s Agreement will consist of the approved construction documents and are not included with the Council’s packet. The Town Attorney has reviewed and approved the document. Staff recommends approval. TOWN COUNCIL STAFF REPORT January 9, 2012 Developer’s Agreement Hampton Inn & Suites Town Council Page 104 of 125 Meeting Date: Monday, January 6, 2012 DEVELOPER’S AGREEMENT (HAMPTON INN & SUITES) An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and Hydra Hotels LLC, acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Hampton Inn & Suites, more particularly described as a tract of land consisting of approximately 2.015 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot contained within the Final Plat as presented to TOWN Staff on August 15, 2008, and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations Ordinance No. 2001-21 P&Z. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project was platted for a hotel use together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on April 7, 2003. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER shall award its own construction contract for the construction of all PROJECT storm drain, water, and sanitary sewer public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public Town Council Page 105 of 125 Meeting Date: Monday, January 6, 2012 streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Town Council Page 106 of 125 Meeting Date: Monday, January 6, 2012 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN Town Council Page 107 of 125 Meeting Date: Monday, January 6, 2012 shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $67,554 and the TOWN Engineer has approved an estimate of $67,554 for the cost of public improvements and facilities. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Deleted - Inapplicable. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/ subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Town Council Page 108 of 125 Meeting Date: Monday, January 6, 2012 Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682/831-4600 Phone: 817.336.5773 Fax: 817.490.0705 Fax: 817.336.2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. P. After completion and prior to acceptance of all work, the DEVELOPER shall furnish to the TOWN an affidavit of all bills paid. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. Phase 1. The following public improvements and facilities to be constructed as Phase 1 of the Project shall be completed in accordance with the approved plans and specifications as described in Attachment “B”: 1) Storm Drain. 2) Public Water Connections and vaults (see Sheet C5 of Civil Plans for details: detector check valve with vault, water service, water meter with vault). 3) Sanitary Sewer: Two 4-ft. diameter manholes and related 6-in. sanitary sewer pipe to easement line. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. Town Council Page 109 of 125 Meeting Date: Monday, January 6, 2012 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article VII, Chapter 12 of the Town of Trophy Club Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $3,377.70 (5% of $67,554.00) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. III. DEVELOPMENT STANDARDS 1. Commercial General Zoning and Concept Plan. Owner shall develop the Property in compliance with the Commercial General Zoning and the approved Concept Plan in effect on the Effective Date and in compliance with subsequent amendments to the CG Zoning and Concept Plan approved by the Town pursuant to the customary Town approval process for zoning and concept plans. Additionally, upon the Town's issuance of applicable permits and approvals, Owner agrees to proceed diligently with the construction and development of the public improvements under and in accordance with the terms, provisions, and conditions stated in this Developer’s Agreement. 2. Developer’s Agreement. None of the terms and provisions of this Section shall be construed or applied to limit, revise, or modify any of the obligations of Owner under Section II of this Agreement. IV. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. Town Council Page 110 of 125 Meeting Date: Monday, January 6, 2012 B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shall accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure/Building Permit. The TOWN shall not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. Concurrently with the Notice to Proceed for the commencement of Town Council Page 111 of 125 Meeting Date: Monday, January 6, 2012 construction for the Public Infrastructure, Town agrees to issue a Building Permit to allow Developer to proceed with construction of the private improvement component of the Project (hereinafter “Private Improvements”). Upon submission of proper application and payment of all applicable fees, Town agrees to issue a Building Permit for the Private Improvements; however, in consideration for the Town’s issuance of such Building Permit prior to the Final Acceptance of Infrastructure by Town, Developer agrees and understands that building construction shall not proceed past completion of the slab until Final Acceptance of all Public Improvements has occurred. Public Improvements shall include the items listed in Section II A and shall include complete fire lanes. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and Town Council Page 112 of 125 Meeting Date: Monday, January 6, 2012 election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Hydra Hotels, LLC By: Date: TOWN OF TROPHY CLUB: By: Mayor, TOWN of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council Page 113 of 125 Meeting Date: Monday, January 6, 2012 Project: City: 1 EA 250$ 1 EA 2,500$ 430 LF 46$ 80 LF 39$ 44 LF 30$ 1 EA 3,250$ 1 EA 2,000$ 1 EA 2,250$ 1 EA 1,000$ 1 LS 500$ 854 LF 1$ 2 EA 2,000$ 10 LF 18$ 2 EA 300$ 1 LS 250$ 10 LS 1.00$ 10 LS 1.00$ 1 EA 3,000$ 1 EA 2,600$ 1 EA 1,400$ 10 LF 20$ 2,500$ 19,780$ 3,120$ 1,320$ 3,250$ Fittings 12x2 Meter Service 4x8 Junction Box Trench Safety 2,600$ Water System 12x8 T.S. & Valve 854$ Storm Drainage 12x3 T.S. & Valve 36,824$ 4' Manhole @ Ex. Trench Safety & Erosion 10$ 21" RCP 18" RCP 250$ All American Construction P.O. Box 700667 Dallas, TX. 75370 972-591-2727 * 972-242-3933 Fax PUBLIC BREAKDOWN Hampton Inn & Suites Storm Drainage Total 3,000$ 4,000$ Connect to Ex. RCP 3x5 Junction Box @ Ex. 27" RCP Trophy Club 1,400$ Sanitary Sewer 5' Manhole 2,000$ 10' Curb Inlet 2,250$ 2x2 Drop Inlet w/Apron 1,000$ 500$ 6" SDR-35 180$ Sanitary Sewer Total 5,050$ Test 10$ Cleanout @ Property Line 600$ Fittings 250$ 8" DR-14 200$ Town Council Page 114 of 125 Meeting Date: Monday, January 6, 2012 10 LF 17$ 10 LF 25$ 1 EA 10,000$ 1 EA 8,000$ 30 LF 1.00$ 30 LF 1.00$ Trench Safety & Erosion Water System Total 25,680$ Total 67,554$ 30$ 30$ Test 3" Meter Vault 8,000$ 3" PVC 170$ 2" Copper 250$ 8" DC Vault 10,000$ Town Council Page 115 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-647-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Consider and take appropriate action regarding financial and variance report dated November 2011. Attachments:November 2011 Town Financials.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated November 2011. Town Council Page 116 of 125 Meeting Date: Monday, January 6, 2012 Amended November Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2011-12 FY 2011-12 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,865,202$ 3,865,202$ 2,217$ 30,476$ (3,834,726)$ 0.8% SALES TAX 562,626 562,626 53,141 98,605 (464,021) 17.5% FRANCHISE FEES 592,556 592,556 7,469 14,637 (577,919) 2.5% BUILDING PERMITS 550,000 550,000 73,219 131,590 (418,410) 23.9% DEVELOPER FEES 111,000 111,000 - - (111,000) 0.0% MUD SERVICE CONTRACT 175,840 175,840 - - (175,840) 0.0% EMS & MUNICIPAL COURT 290,425 290,425 23,622 42,037 (248,388) 14.5% TRANSFERS & OTHER REVENUE 369,845 369,845 25,500 47,518 (322,327) 12.8% RECREATION PROGRAMS 232,750 232,750 255 512 (232,238) 0.2% TOTAL REVENUE 6,750,244 6,750,244 185,423 365,375 (6,384,869) 5.4% EXPENDITURES MANAGER'S OFFICE 655,187 655,187 47,665 90,887 (564,300) 13.9% POLICE 1,686,885 1,686,885 134,223 244,184 (1,442,701) 14.5% EMS 729,285 729,285 63,612 112,293 (616,992) 15.4% STREETS 441,687 441,687 33,262 64,537 (377,150) 14.6% PARKS 1,129,529 1,129,529 85,218 195,025 (934,504) 17.3% RECREATION 594,156 594,156 24,423 52,883 (541,273) 8.9% PLANNING & ZONING 156,769 156,769 9,073 25,533 (131,236) 16.3% COMMUNITY DEVELOPMENT 259,809 259,809 11,391 23,258 (236,551) 9.0% COURT 79,447 79,447 6,355 12,674 (66,773) 16.0% LEGAL 161,910 161,910 11,366 22,152 (139,758) 13.7% FINANCE 372,037 372,037 46,009 68,010 (304,027) 18.3% INFORMATION SYSTEMS 315,724 315,724 21,655 41,454 (274,270) 13.1% HUMAN RESOURCES 87,146 87,146 6,297 12,177 (74,969) 14.0% FACILITIES MANAGEMENT 80,320 80,320 1,108 45,233 (35,087) 56.3% TOTAL EXPENDITURES 6,749,891 6,749,891 501,657 1,010,302 (5,739,589) 15.0% EXCESS/(DEFICIT)353$ 353$ (316,234)$ (644,927)$ CURRENT FISCAL YEAR, 2011-12 November 2011 GENERAL FUND 2/12 Months (16.66% of Fiscal Year) Town Council Page 117 of 125 Meeting Date: Monday, January 6, 2012 GENERAL FUND November 2011 2/12 Months (16.66% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - For the current fiscal year, a change was made in how sales tax revenue will be reported for monthly financials. Revenue will be shown in the month it was received. Therefore, revenue shown in the November, 2011 financials reflect collections received in November. In order to comply with the Government Accounting Standards Board requirement that sales tax be reported for the month it is collected by the vendor, a journal entry in the financial system will be performed at year-end to “true-up” reporting for the year. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. Development fees are not anticipated until after the New Year. Development fees projected for the current fiscal year are anticipated to come from phases 3, 6, and 7 of The Highlands in addition to phases of Waters Edge at Hogan’s Glen and Canterbury Hills. MUD Service Contract – The first half of the annual payment was received in December 2011. EXPENDITURES Facilities Management - The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 55% of the department’s budget) Parks – Two large areas required new sod which required considerable watering. Finance – The first installment of audit services and a portion of annual appraisal fees were paid in November. Additionally, the annual tax administration fee was paid during the month. Town Council Page 118 of 125 Meeting Date: Monday, January 6, 2012 Amended November Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2011-12 FY 2011-12 Actual Actual Variance % of Budget REVENUE PARK REVENUE 120,000$ 120,000$ 12,366 18,831 (101,169)$ 15.7% TOTAL RESOURCES 120,000 120,000 12,366 18,831 (101,169) 15.7% EXPENDITURES TROPHY CLUB PARK 116,444 116,444 8,746 22,997 (93,447) 19.7% TOTAL EXPENDITURES 116,444 116,444 8,746 22,997 (93,447) 19.7% EXCESS/(DEFICIT)3,556$ 3,556$ 3,620 (4,166)$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2011-12 November 2011 2/12 Months (16.66% of Fiscal Year) Town Council Page 119 of 125 Meeting Date: Monday, January 6, 2012 TROPHY CLUB PARK FUND November 2011 2/12 Months (16.66% of Fiscal Year) REVENUES Park Revenue – Use of the park is seasonal. EXPENDITURES Community Events – Family campout & event supplies purchased in November. Beautification - Area improvements performed in November. Town Council Page 120 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-648-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Town Council Liaison Updates; discussion of same: - December 13, Parks and Recreation Board, Council member Tiffany - December 20, TCMUD No. 1 Meeting, Council member Rose Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - December 13, Parks and Recreation Board, Council member Tiffany - December 20, TCMUD No. 1 Meeting, Council member Rose Town Council Page 121 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-649-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Town Manager Slye's update regarding the following; discussion of the same. - Incode Implementation Schedule - Update on Water Tower Project - Update on Bobcat Boulevard and HWY 377 Signal Light - Update on May 2012 Election Schedule - Update on Citizens Financial Advisory Board Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Incode Implementation Schedule - Update on Water Tower Project - Update on Bobcat Boulevard and HWY 377 Signal Light - Update on May 2012 Election Schedule - Update on Citizens Financial Advisory Board Town Council Page 122 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-650-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 14, 2011 Northwest Communities Partnership Meeting - December 14, 2011 SH-114 Stakeholders Luncheon - December 15, 2011 Denton Precinct 4 Meeting Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 14, 2011 Northwest Communities Partnership Meeting - December 14, 2011 SH-114 Stakeholders Luncheon - December 15, 2011 Denton Precinct 4 Meeting Town Council Page 123 of 125 Meeting Date: Monday, January 6, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-651-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:1/9/2012 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 124 of 125 Meeting Date: Monday, January 6, 2012 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 7. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 8. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 9. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) 10. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 11. Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 12. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) Town Council Page 125 of 125 Meeting Date: Monday, January 6, 2012