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Agenda Packet TC 08/01/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom1:00 PMFriday, August 1, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. REGULAR SESSION 1.2014-1310-T Consider and take appropriate action accepting the resignation of Council Member Danny Mayer. Resignation letter - CM Mayer.pdfAttachments: 2.2014-1303-T Consider and take appropriate action regarding an Ordinance amending Chapter 13, "Zoning" of the Code of Ordinances of the Town, by amending Article II, "Definitions", by amending Article III, "Classification of New and Unlisted Properties", and by amending Article VI, "Conditional and Specific Uses" to add a definition for Snow Cone Establishment, to provide that a Snow Cone Establishment is a permitted Retail Use in specified District Classifications and to add Snow Cone Establishment to the list of establishments permitted only by Specific Use Permit; providing a penalty not to exceed $2,000 per offense per day; providing a savings clause; and providing an effective date. Staff Report - Zoning Ordinance - Snow Cones.pdf 2014-20 Amending Ch 13- Zoning SECTION 3 03 - Permitted Use Table - SNOW CONE ESTABLISHMENTS.pdf Section 6.02 - Specific Use Permits.pdf Attachments: 3.2014-1304-T Consider and take appropriate action to authorize the Town's Financial Advisor and Bond Counsel to proceed with the sale of a tax note in the aggregate principal amount of $600,000 on or about August 26, 2014 in order to pay for various capital improvements in the Fiscal Year 2014-2015 Town Budget. WORKSHOP SESSION Town Council - Budget Workshop Page 1 of 22 Meeting Date: Friday, August 1, 2014 August 1, 2014Town Council Meeting Agenda 4.2014-1305-T Town Manager Budget Overview Fiscal Year 2014-2015; discussion of the same. - Budget Calendar Review - Town Funds summary - Contract update * Allied Waste * Interlocal Agreement for Contractual Personnel Services (TCMUD) - Property Values & Ad Valorem Analysis - Anticipated Future Budget Review - FY15 Budget Revenues & Expenses Highlights 5.2014-1306-T FY15 Departmental Budget Overview; discussion of same. - Information Systems - Mike Pastor - Streets and Street Maintenance Fund - Ed Helton BREAK 6.2014-1307-T Continue FY15 Departmental Budget Overview; discussion of same. - Finance - Steven Glickman - EMS - Danny Thomas - Police - Scott Kniffen - Parks & Recreation - Adam Adams - Community Development- Stephen Seidel - Storm Drainage - Stephen Seidel - Court - Stephen Seidel - EDC B - Stephen Seidel - Capital Improvements - Mike Slye - Administration - Mike Slye * Human Resources * Legal - Review of Other Funds - Steven Glickman 7.2014-1308-T Summarize Key Budget Points; Council discussion and appropriate action regarding same. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council - Budget Workshop Page 2 of 22 Meeting Date: Friday, August 1, 2014 August 1, 2014Town 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 Tuesday, July 29, 2014 by 1:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of August, 2014. ________________________________, Title: ___________________________ Town Council - Budget Workshop Page 3 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1310-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/28/2014 Town Council On agenda:Final action:8/1/2014 Title:Consider and take appropriate action accepting the resignation of Council Member Danny Mayer. Attachments:Resignation letter - CM Mayer.pdf Action ByDate Action ResultVer. Consider and take appropriate action accepting the resignation of Council Member Danny Mayer. Town Council - Budget Workshop Page 4 of 22 Meeting Date: Friday, August 1, 2014 Danny R. Mayer 2201 Prestwick Avenue, Trophy Club, TX 76262 817.995.5408 July 24} 2014 Town of Trophy Club 100 Municipal Drive Trophy Club} TX 7262 Attention: Nick Sanders} Mayor Mike Slye} Town Manager Tammy Ard} Town Secretary Patricia Adams} Town Attorney It is my belief that for any councilperson to be effective and to contribute to the continuing improvement of this community} he or she must be able to devote the time necessary to do the job. When I was elected over two years ago I was able to devote a great deal of time to be a councilperson and took a pride in being able to do the necessary research to be fully informed on any issue that came before the council. Unfortunately I no longer have that same amount of time. The citizens of Trophy Club} as well as the Town Staff} deserve to have councilmembers that are totally informed so that the decisions that are made are based on a complete knowledge of the subject and always serve the best interest of all of the citizens of Trophy Club and not the interest of a few. My wife} whom I support} has been blessed with a huge expansion in her real estate business. Her hard work and professional approach made her the #1 Coldwell Banker agent in DFW for 2013 and in the top 1% nationally. 2014 looks to be even better. That growth has resulted not only in requiring more of my time but the addition of a full time assistant. Several months ago I also launched a retail firearms business which is also seeing excellent growth and requires a large time commitment. Because I can no longer devote the time that I feel is necessary to serve the Trophy Club citizens I am regrettably tendering my resignation as Town Councilperson for the Town of Trophy Club effective immediately. I want to thank the citizens for allowing me to serve them. It has been a pleasure and an honor to do so. Res ectfully} Danny Mayer Town Council - Budget Workshop Page 5 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1303-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 13, "Zoning" of the Code of Ordinances of the Town, by amending Article II, "Definitions", by amending Article III, "Classification of New and Unlisted Properties", and by amending Article VI, "Conditional and Specific Uses" to add a definition for Snow Cone Establishment, to provide that a Snow Cone Establishment is a permitted Retail Use in specified District Classifications and to add Snow Cone Establishment to the list of establishments permitted only by Specific Use Permit; providing a penalty not to exceed $2,000 per offense per day; providing a savings clause; and providing an effective date. Attachments:Staff Report - Zoning Ordinance - Snow Cones.pdf 2014-20 Amending Ch 13- Zoning SECTION 3 03 - Permitted Use Table - SNOW CONE Section 6.02 - Specific Use Permits.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Chapter 13, "Zoning" of the Code of Ordinances of the Town, by amending Article II, "Definitions", by amending Article III, "Classification of New and Unlisted Properties", and by amending Article VI, "Conditional and Specific Uses" to add a definition for Snow Cone Establishment, to provide that a Snow Cone Establishment is a permitted Retail Use in specified District Classifications and to add Snow Cone Establishment to the list of establishments permitted only by Specific Use Permit; providing a penalty not to exceed $2,000 per offense per day; providing a savings clause; and providing an effective date. Town Council - Budget Workshop Page 6 of 22 Meeting Date: Friday, August 1, 2014 To: Mayor and Town Council From: Matt Jones, Senior Planner CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Zoning Ordinance – Snow Cones Town Council Meeting, Friday, August 1, 2014 Agenda Item: Consider and take appropriate action regarding an Ordinance amending Chapter 13, "Zoning" of the Code of Ordinances of the Town, by amending Article II, "Definitions", by amending Article III, "Classification of New and Unlisted Properties", and by amending Article VI, "Conditional and Specific Uses" to add a definition for Snow Cone Establishment, to provide that a Snow Cone Establishment is a permitted Retail Use in specified District Classifications and to add Snow Cone Establishment to the list of establishments permitted only by Specific Use Permit; providing a penalty not to exceed $2,000 per offense per day; providing a savings clause; and providing an effective date. Explanation: The permitted use tables of the Comprehensive Zoning Ordinance do not allow for “Temporary Snow Cone Establishments”. Staff has been directed by the Town Council to research and develop an ordinance that would allow this use within the Town of Trophy Club. The Zoning Ordinance charges the P&Z Commission to consider and make recommendations to the Town Council for any “New Uses and Classifications” to the Permitted Use Table and Zoning District Regulations. An individual who owns a snow cone business approached the Town and asked to operate their snow cone business here in Trophy Club. Currently the individual has been in contact with The Church at Trophy Lakes, which is currently zoned “NS” – Neighborhood Services, which would not allow for retail of any kind in that district. Town Council - Budget Workshop Page 7 of 22 Meeting Date: Friday, August 1, 2014 Currently there is not a “Temporary Snow Cone Establishment” use in the permitted use charts. The closest use in the permitted use charts would be a “Restaurant”, which are allowed to operate only with a Conditional Use Permit (CUP) in “CG” – Commercial General, “CR” – Commercial Recreation, and “PO” – Professional Office. The CUP requires a Public Hearing by the P&Z Commission and the Town Council. Several of the existing restaurants in Trophy Club are located within “PD” – Planned Development Zoning. If a snow cone business were to request to operate in a PD District, the PD would have to be amended to allow for the “Temporary Snow Cone Establishment” as a permitted use. Permitted Uses District Classifications R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU G. RETAIL 28 Restaurant C C C Staff has reached out to surrounding communities to determine how other municipalities have handled these types of uses. The City of Keller and The City of Southlake classify these types of uses as “Outside Sales” and are allowed in commercial zoning districts with the approval of a Specific Use Permit (SUP), which requires a public hearing at the Planning and Zoning Commission and the City Council. The municipalities also require health inspections to insure that proper health safety and sanitary provisions are being adhered to per the Texas Administrative Code of the Texas Department of State Health Services. Attachments: • Ordinance 2014-20 • Section 6.02 – Specific Use Permits Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Planning and Zoning Commission: The Planning and Zoning Commission considered this item on Monday, July 21, 2014. A Public Hearing was held in which a local business owner was present to ask permission to be allowed to operate their Snow Cone Establishment within the Town. The Commission discussed possible regulations including allowing them with a Temporary Use Permit. The discussion and overall consensus of the Commission was to provide an avenue to Town Council - Budget Workshop Page 8 of 22 Meeting Date: Friday, August 1, 2014 allow Snow Cone Establishments as a use in some zoning districts while still maintaining the authority for discretionary review of each request on a case by case basis in order to evaluate the effect they might have on surrounding property owners and the community. A motion was made to recommend that “Snow Cone Establishments” be added to Ch. 13 – Article III, Section 3.03- Permitted Use Table, with a Specific Use Permit (SUP) in the following districts; CG- Commercial General, CR- Commercial Recreation, NS- Neighborhood Services, PO- Professional Office, and GU- Governmental Use. The motion also included a request that a definition for a “Snow Cone Establishment” be added to Ch. 13 – Article II, Section 2.02- General Definitions. Snow Cone Establishment: A snow cone establishment is a seasonable operation that prepares and sells chipped or shaved ice and flavored syrup treats to the public for off-site consumption. Permitted Uses District Classifications R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU G. RETAIL CONT’D 32 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 33 Snow Cone Establishment S* S* S* S* S* 34 Sporting Goods Store P C 35 Wallpaper, Paint Store P 36 Wearing Apparel Store P The motion for approval carried by a vote of seven (7) in favor to none (0) opposed. The Town Council held a Public Hearing for this item on Tuesday, July 22, 2014. No public comments were received. This item will be considered for action by the Town Council on Friday, August 1, 2014. Recommendation: Staff recommends approval of Ordinance 2014-20 making amendments to the Comprehensive Zoning Ordinance, “Temporary Snow Cone Establishments” should be allowed with a Specific Use Permit (SUP) in zoning districts that are compatible with commercial type uses. The SUP’s should be for a specific length of time and should expire at the end of the time period approved by the SUP. The SUP process would allow for some reasonable conditions to be approved concerning distance requirements from residential uses, aesthetics, hours of operation, etc. Town Council - Budget Workshop Page 9 of 22 Meeting Date: Friday, August 1, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-20 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 13 “ZONING” OF THE CODE OF ORDINANCES OF THE TOWN, THE SAME BEING THE TOWN’S COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE II, “DEFINITIONS”, SECTION 2.02, "GENERAL DEFINITIONS" TO ADD A DEFINITION FOR “SNOW CONE ESTABLISHMENT”, BY AMENDING ARTICLE III, “ESTABLISHMENT OF DISTRICTS”, SECTION 3.02 “CLASSIFICATION OF NEW AND UNLISTED PROPERTIES”, ADOPTING PERMITTED USES IN VARIOUS DISTRICT CLASSIFICATIONS, BY SPECIFICALLY AMENDING SUBSECTION "G", "RETAIL" TO INCLUDE A SNOW CONE ESTABLISHMENT AS A PERMITTED USE IN SPECIFIED DISTRICT CLASSIFICATIONS WITH THE GRANT OF A SPECIFIC USE PERMIT; AND BY AMENDING ARTICLE VI, “CONDITIONAL AND SPECIFIC USES” TO ADD A SNOW CONE ESTABLISHMENT TO SUBSECTION “B”, “AUTHORIZED SPECIFIC USES” OF SECTION 6.02 “SPECIFIC USE PERMIT” OF ARTICLE VI; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, hereinafter referred to as “Town”, is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town’s zoning ordinance does not currently designate a zoning district for the location of a snow cone establishment, nor provide a definition for that use; and WHEREAS, the Town’s Planning and Zoning Commission has reviewed a proposed definition for Snow Cone Establishment and has made a determination regarding the definition and appropriate locations for Snow Cone Establishments; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at Town Council - Budget Workshop Page 10 of 22 Meeting Date: Friday, August 1, 2014 those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, the Town Council considered, among other things, the character of the requested use and its appropriateness within the Town and has determined that such use is appropriate in those zoning districts listed below and is consistent with the Town’s Comprehensive Land Use Plan in each of those districts; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare; and WHEREAS, the Town Council has determined that there is a necessity to amend the Town’s Zoning Ordinance to provide for Snow Cone Establishments and to appropriately regulate that land use as set forth herein and as otherwise regulated in the Town’s Zoning Ordinance and other ordinances regulating such use. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Section 2.02, “General Definitions” of Article II, “Definitions” of Chapter 13 “Zoning” of the Code of Ordinances of the Town is hereby amended by adopting the following definition for “Snow Cone Establishment” to be arranged in alphabetical order among the existing listing of definitions and renumbering the subsequent definitions therein as appropriate. Section 2.02 “General Definitions” shall be amended to add the following definition for “Snow Cone Establishment” which term when used in this Ordinance, shall have the following meaning unless the context clearly indicates otherwise: “Snow Cone Establishment: A snow cone establishment is a seasonable operation that prepares and sells chipped or shaved ice and flavored syrup treats to the public for off-site consumption.” 2.02 Section 3.02, “Classification Of New And Unlisted Properties” of Article III, “Establishment of Districts” of Chapter 13 “Zoning” of the Code of Ordinances of the Town is hereby amended to add “Snow Cone Establishment” as a permitted use under Town Council - Budget Workshop Page 11 of 22 Meeting Date: Friday, August 1, 2014 Subsection “G”, “Retail” of Section 3.02, which use shall be arranged in alphabetical order and subsequently listed uses shall be renumbered therein as appropriate. Subsection “G”, “Retail”, “Snow Cone Establishment” shall be added to the list of Permitted Uses and shall be an allowed use in the District Classifications as specifically set forth below with the remainder of subsection “G” unaltered except as specifically provided below: “Section 3.02- Classification of New and Unlisted Properties” Permitted Uses District Classifications R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU G. RETAIL CONT’D 32 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 33 Snow Cone Establishment S* S* S* S* S* 34 Sporting Goods Store P C 35 Wallpaper, Paint Store P 36 Wearing Apparel Store P 2.03 Subsection “B”, “Authorized Specific Uses” of Section 6.02, “Specific Use Permit” of Article VI “Conditional and Specific Uses” is hereby amended to add Subsection B(3) to include a Snow Cone Establishment as a use and structure only upon the issuance of a Specific Uses Permit. Subsection B(2) shall be and read in its entirety as follows: “B. AUTHORIZED SPECIFIC USES: The following uses and structures may be established or constructed only upon the issuance of a Specific Use Permit in accordance with the provisions of this Ordinance. 3. Snow Cone Establishment” SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances regulating land use and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. All ordinances that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Chapter 13 “Zoning”, Section 3.02 “Classification of New and Unlisted Properties” or any other such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Town Council - Budget Workshop Page 12 of 22 Meeting Date: Friday, August 1, 2014 SECTION 4. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting zoning use clarifications which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any Person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Further, if the governing body of the Town of Trophy Club determines that a violation of this Ordinance creates a threat to the public safety, the Town may bring suit in the District Court to enjoin such violation as allowed by law. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with state law and the Charter of the Town. Town Council - Budget Workshop Page 13 of 22 Meeting Date: Friday, August 1, 2014 SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage and publication, in accordance with Law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 1st day of August, 2014. ____________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: _________________________________ Tammy Ard, Town Secretary Town of Trophy Club, Texas _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council - Budget Workshop Page 14 of 22 Meeting Date: Friday, August 1, 2014 Chapter 13 - Zoning Section 6.02 Specific Use Permit A. Purpose: The Specific Use Permit procedure is designed to provide the Planning & Zoning Commission and the Town Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary Specific Use Permit procedure is designed to enable the Planning & Zoning Commission and the Town Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for Specific Use Permits when it is apparent that a proposed use or structure will or may occasionally harm the community or cause substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. Authorized Specific Uses: The following uses and structures may be established or constructed only upon the issuance of a Specific Use Permit in accordance with the provisions of this Ordinance. 1. Gas and oil well drilling and production. 2. Children’s Day Care Center, unless otherwise specifically allowed. C. Application: An application for Specific Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the Specific Use Permit is sought shall be accompanied by evidence of the consent of the owner. D. Permit Application: An application for a Specific Use Permit, along with the permit fee, shall be filed with the Planning & Zoning Coordinator, who shall forward a copy to the Planning & Zoning Commission. The application shall contain the following information: 1. Applicant’s name, address, phone number and their interest in the subject property. 2. Owner’s name, address and phone number, if different from the applicant, as well as the owner’s signed consent to the filing of the application. 3. Zoning classification and present use of the subject property. 4. A description of the proposed Specific Use. 5. An application for site plan approval, which shall be in accordance with Section 41, Site Plan Requirements. 6. A detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood. 7. A statement as to how the proposed Specific Use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, and that Town Council - Budget Workshop Page 15 of 22 Meeting Date: Friday, August 1, 2014 Chapter 13 - Zoning the value, use and reasonable enjoyment of such property will not be impaired or adversely affected. 8. An identification of any potentially adverse effects that may be associated with the proposed Specific Use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. 9. Such additional terms and conditions including design standards as the Planning and Zoning Commission and the Town Council deem necessary to preserve the value and character of the affected property and neighboring properties. E. Consideration Of Specific Use Permit Application: In considering an application for a Specific Use Permit, the Planning & Zoning Commission and the Town Council shall take into consideration the following factors: 1. Whether the proposed Site Plan will adequately provide for safety from fire hazards and have effective measures of fire control. 2. Whether the proposed Site Plan provides adequate drainage. 3. Whether the proposed Specific Use will have noise producing elements that are not sufficiently controlled. 4. Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses. 5. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site. 6. Whether such signs will have an adverse effect on adjacent properties. 7. Whether the proposed Specific Use will adversely affect the public at the site and the area immediately surrounding the Specific Use. 8. Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare. 9. Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed Specific Use will so dominate the immediate neighborhood, consideration shall be given to: a. The location, nature and height of buildings, structures, walls and fences on the site, and b. The nature and extent of landscaping and screening on the site. 10. Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards. 11. Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public. 12. Whether off-street parking and loading areas will be provided in accordance with the Town Council - Budget Workshop Page 16 of 22 Meeting Date: Friday, August 1, 2014 Chapter 13 - Zoning standards set out in Section 47, Off-Street Parking Requirements, and Section7.05, Off-Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect. 13. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 14. Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. 15. Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. G. Conditions And Restrictions: In considering a Specific Use Permit application, The Planning & Zoning Commission may recommend, and the Town Council may impose, such conditions, safeguards and restrictions upon the premises benefited by the Specific Use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such Specific Use upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Specific Use permit. H. Affidavit of Compliance With Conditions: Whenever any Specific Use Permit authorized pursuant to this Section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Planning & Zoning Coordinator so stating. I. Effect of Issuance Of A Permit For A Specific Use: The issuance of a permit for a Specific Use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and Ordinances of the Town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. Period of Validity: Specific Use Permits are conditional zone changes granted by amendment to the Comprehensive Zoning Ordinance. In the event that the use granted by the Specific Use Permit lapses for a period of six (6) months or more, the permit shall become void. The applicant may choose to reinitiate the Specific Use Permit approval procedure, including all fees required in the process. (Ord. No. 2000-06 P&Z § XLIV, 3-21-00, Amended by Ord. 2003-10 P&Z, § III, 8-4-03) Town Council - Budget Workshop Page 17 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1304-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:Consider and take appropriate action to authorize the Town's Financial Advisor and Bond Counsel to proceed with the sale of a tax note in the aggregate principal amount of $600,000 on or about August 26, 2014 in order to pay for various capital improvements in the Fiscal Year 2014-2015 Town Budget. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to authorize the Town's Financial Advisor and Bond Counsel to proceed with the sale of a tax note in the aggregate principal amount of $600,000on or about August 26, 2014 in order to pay for various capital improvements in the Fiscal Year 2014-2015 Town Budget. Town Council - Budget Workshop Page 18 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1305-T Name: Status:Type:Agenda Item Workshop File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:Town Manager Budget Overview Fiscal Year 2014-2015; discussion of the same. - Budget Calendar Review - Town Funds summary - Contract update * Allied Waste * Interlocal Agreement for Contractual Personnel Services (TCMUD) - Property Values & Ad Valorem Analysis - Anticipated Future Budget Review - FY15 Budget Revenues & Expenses Highlights Attachments: Action ByDate Action ResultVer. Town Manager Budget Overview Fiscal Year 2014-2015; discussion of the same. - Budget Calendar Review - Town Funds summary - Contract update * Allied Waste * Interlocal Agreement for Contractual Personnel Services (TCMUD) - Property Values & Ad Valorem Analysis - Anticipated Future Budget Review - FY15 Budget Revenues & Expenses Highlights Town Council - Budget Workshop Page 19 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1306-T Name: Status:Type:Agenda Item Workshop File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:FY15 Departmental Budget Overview; discussion of same. - Information Systems - Mike Pastor - Streets and Street Maintenance Fund - Ed Helton Attachments: Action ByDate Action ResultVer. FY15 Departmental Budget Overview; discussion of same. - Information Systems - Mike Pastor - Streets and Street Maintenance Fund - Ed Helton Town Council - Budget Workshop Page 20 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1307-T Name: Status:Type:Agenda Item Workshop File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:Continue FY15 Departmental Budget Overview; discussion of same. - Finance - Steven Glickman - EMS - Danny Thomas - Police - Scott Kniffen - Parks & Recreation - Adam Adams - Community Development- Stephen Seidel - Storm Drainage - Stephen Seidel - Court - Stephen Seidel - EDC B - Stephen Seidel - Capital Improvements - Mike Slye - Administration - Mike Slye * Human Resources * Legal - Review of Other Funds - Steven Glickman Attachments: Action ByDate Action ResultVer. Continue FY15 Departmental Budget Overview; discussion of same. - Finance - Steven Glickman - EMS - Danny Thomas - Police - Scott Kniffen - Parks & Recreation - Adam Adams - Community Development- Stephen Seidel - Storm Drainage - Stephen Seidel - Court - Stephen Seidel - EDC B - Stephen Seidel - Capital Improvements - Mike Slye - Administration - Mike Slye * Human Resources * Legal - Review of Other Funds - Steven Glickman Town Council - Budget Workshop Page 21 of 22 Meeting Date: Friday, August 1, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1308-T Name: Status:Type:Agenda Item Workshop File created:In control:7/23/2014 Town Council On agenda:Final action:8/1/2014 Title:Summarize Key Budget Points; Council discussion and appropriate action regarding same. Attachments: Action ByDate Action ResultVer. Summarize Key Budget Points; Council discussion and appropriate action regarding same. Town Council - Budget Workshop Page 22 of 22 Meeting Date: Friday, August 1, 2014