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ORD 2010-01TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-01 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD PLANNED DEVELOPMENT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO EXHIBIT "B" ENTITLED "DEVELOPMENT STANDARDS", SECTION V. "NEIGHBORHOOD REGULATIONS", J. "VILLAGE CENTER", 1. "PERMITIED USES", AND ADOPTING "RESTAURANT DESIGN GUIDELINES -VILLAGE CENTER" AS MORE FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as ''Town'') is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No. 27, known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and WHEREAS, the Developer wishes to amend permitted uses for Village Center to remove the prohibition against drive-in restaurants currently contained in the Ordinance; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 27 came before the Planning and Zoning Commission; and Ordinance No. 2010-01 PZ (PD27) 1 WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant· information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2007-15 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendments and considered, among other things, the impact of the proposed amendments on density, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the adoption of the amendments hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the amendment to Ordinance No. 2007-15 P&Z, that the amendment is appropriate and is consistent with the other uses allowed in the Village Center portion of PD-27, and the Town Council has determined that this Ordinance should be adopted, that the proposed change is consistent with the Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z in their entirety except as may be specifically set forth herein; 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 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's Planned Development No. 27, Exhibit "B" entitled "Development Standards", V. entitled "Neighborhood Regulations", J. entitled "Village Center", No.1. entitled "Permitted Uses", r. "restaurants without drive-ins is amended by striking "without drive-ins", allowing "restaurants" so that Subsection J(1 )(r) of Section V of Exhibit "B" reads in its entirety as follows: Ordinance No. 2010-01 PZ (PD27) 2 J. Village Center: 1. Permitted Uses: .... r. Restaurants. 2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's Planned Development No. 27, Exhibit "B" entitled "Development Standards", V. entitled "Neighborhood Regulations", is amended to add "K. Restaurant Design Guidelines -Village Center" so that Subsection K reads in its entirety as follows: K. Restaurant Design Guidelines -Village Center PURPOSE The Highlands at Trophy Club has many desirable aesthetic qualities and neighborhoods with unique character. These attributes are closely guarded and nurtured to protect the community and ensure design excellence. The Restaurant Design Guidelines -Vii/age Center is intended to be responsive to developers while promoting good design. These guidelines are applicable to all restaurant types as they are structured to respond to the varying conditions and constraints inherent to individual sites within Village Center. DESIGN GUIDELINES These guidelines are intended to address exterior elements of restaurant design to help promote cohesive design and enable comprehensive review of all new buildings. All proposals should be in accordance with the zoning ordinance and PD-27 architectural and site design standards, as well as adhere to the requirements stated in this guideline in the following five areas: Site Design, Architecture, Landscape Design, Lighting, and SignageiCorporate Identification. Site Design The components of a restaurant to be considered in site design include, but are not limited to: • Primary structure, entry and associated outdoor waiting area • Outdoor dining • Service, utility infrastructure, refuse and storage area • Pedestrian and vehicular circulation systems, and parking • Drive through windows and associated equipment and stacking lanes Primarv Structure, Entry and Associated Outdoor Waiting Area: All development proposals should show evidence of coordination with the site plan requirements as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V, Supplementary District Regulations and the Architectural and Site Design Standards required in PD-27, Village Center. Development proposals should Ordinance No. 2010-01 PZ (PD27) 3 show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site should respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites. • Where a common setback from the street is evident, new buildings should respect the established setback. Variation is allowed if the resulting arrangement of buildings defines a useful public space such as a plaza or open space. • Building entries should be convenient to parking, but also seek and develop shared vehicular access points with adjoining sites where feasible, and seek and develop pedestrian linkages between adjacent properties. Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented toward Northwest Park. Outdoor dining areas should be located away from neighboring residential areas and other sensitive uses. Service. Utility Infrastructure, and Refuse Area: • The clustering of service and refuse areas is encouraged where adjacency of similar uses would allow such areas. • Service areas and refuse enclosures should be screened from public view and screened from adjacent sites. • Identify the location of utility infrastructure facilities early in the design process. When possible, locate utility cabinets, switching cabinets, transformers, cable boxes, communications infrastructure, backflow preventors, irrigation control boxes and other similar above ground utilities in locations that do not conflict with featured views, outdoor dining areas and circulation patterns. Utility cabinets should not be located within parking lot landscape islands or in highly visible locations within the right-of-way. Utilities should be screened to the extent allowable by operation requirements. Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall accommodate a logical and safe vehicular and pedestrian circulation pattern that minimizes conflicts. Links for pedestrians should be direct and avoid circuitous routes that are not easily understood. Drive Through Windows and Associated Equipment and Stacking Lanes: • Drive-through windows, menu boards and associated stacking lanes should be carefully located to minimize the impacts on neighboring residential areas and should be adequately screened from the street, from public view, and from the view of adjacent sites. • Drive-through elements should be architecturally integrated into the building, rather than appearing to be applied or "stuck on" to the building. • Drive-through window circulation shall provide a minimum stacking distance of 100 feet to provide adequate length of stacking that does not interfere with the movement of traffic or pedestrians on or off-site. Ordinance No. 2010-01 PZ (PD27) 4 • A facility with a separate ordering point and pick-up window shall provide stacking space for at least three (3) vehicles in advance of each ordering point and stacking space for at least two (2) vehicles between each ordering point and pick-up window. • Entrances to drive-up lanes shall be at least 50 feet from driveways entering a public street. • The minimum width of each drive-through lane shall be 12 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs, or pavement marking, or raised curbs. • When residential adjacency exists, drive-through windows are not permitted. Architecture Each building will be evaluated with regard to the guidelines below to achieve a final building of good proportion and scale. • Buildings that derive their image predominantly from applied treatments that express corporate identity are discouraged. A building should conform to the Village Center Architectural and Site Design Standards first. • Awnings may be used on street level windows and doors and should be functional and provide maximum shade to the window area. Awnings are to be made of predominately natural or natural-appearing fabric or canopies. Awnings should not be internally lit. The bottom of an awning must be placed below the top of the window, but above the door. • If a tract is divided into pad sites that will support more than one restaurant, the restaurants should share similar design characteristics and design vocabulary. Precise replication is not necessary or desirable, but consideration should be given to similar color, material, and texture found within the architecture of the buildings. • Shading for outdoor dining should be architecturally integrated with the main structure. Landscape Design The landscape design of the site should contribute to the overall appearance and function of the site and streetscape. • Landscape should blend with the dominant existing or planned streetscape and character of the area. • Landscaping should be provided at the base of buildings to anchor them to the surrounding environment and soften the structure. I n-ground landscaping should comprise the majority of the landscaping requirement and be maximized to provide shade and to reduce heat build-up and glare. Raised planters are acceptable when designed to accentuate the architecture and/or create pedestrian seating areas. • Landscaping should be placed to maximize screening from neighboring residential areas. • Dense landscaping and architectural treatments should be used in combination to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets, and other similar elements. Ordinance No. 2010-01 PZ (PD2?) 5 • The use of mature trees is encouraged to provide an immediate impact especially when used in buffering adjacent uses. • Proper maintenance and timely replacement of plant material is expected and required by ordinance. Lighting Site lighting and architectural lighting of restaurants should provide the user with illumination levels appropriate for the designed activity (Le., parking, walking, outdoor dining). Illumination levels should also be reasonably uniform throughout the site and absent of glare. • A lighting design and plan is required. The lighting plan must include, but is not limited to: type of lighting equipment, lamp source and wattage, fixture locations, mounting height, shielding, mounting details, photometric data including point-by-point horizontal illuminance at ground level. All illumination of the site, including architectural lighting, should be taken into account in the lighting plan. o Avoid competing light levels and maintain balanced light levels on-site and between adjacent properties. The exterior lighting design must take into account the background lighting levels, lighting from other sources, and characteristics of the surrounding area. SignageiCorporate Identification Restaurant signage plans should reflect a balance between providing adequate signage for business identification while protecting the visual aesthetics of Trophy Club's streetscapes. • Treatments used to achieve business identity such as awnings, paint, or signage should be used judiciously and should not be the dominant architectural feature. • All signage should be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so as to not visually compete with the architectural of the building and site. Signs should be integrated such that they become a natural part of the building fagade. • When multiple restaurants share one site, signs should be integrated as one unit to create shared identity for the property to the extent permitted by the ordinance or be located and/or designed as a package. o Building design should anticipate signage, providing logical sign areas and allowing flexibility for new users (if applicable). • Repetitious signage information on the same building fagade should be avoided. o Signs composed of individual letters are encouraged. Back lit or indirectly lit individual letters are generally desirable. Visible raceways and transformers for individual letters are discouraged. Ordinance No. 2010-01 PZ (PD27) 6 SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PO No. 27 and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be govemed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provIsion of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Ordinance No. 2010-01 PZ (PD27) 7 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 the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 1 st day of February, 2010. Mayor, Connie White Town of Trophy Club, Texas ATIEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attomey Town of Trophy Club, Texas Ordinance No. 2010-01 PZ (PD27) 8