ORD 2004-14 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004 —14 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2002-26 P&Z, THE SAME BEING AN
ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, AND ADOPTING NEW PROVISIONS FOR PD PLANNED
DEVELOPMENT NO. 24, KNOWN AS LAKE CITIES CHURCH OF
CHRIST, A CERTAIN TRACT OF LAND DESCRIBED AS A 4.2821
ACRE TRACT OF LAND LOCATED GENERALLY TO THE EAST OF
GLEN EAGLES COURT, TO THE SOUTH OF INDIAN CREEK DRIVE
AND TO THE WEST OF PD NO. 7, THE PLANTATION APARTMENTS;
PROVIDING FOR THE INCORPORATION OF PREMISES; ADOPTING
NEW PROVISIONS TO AMEND EXHIBIT C, "DEVELOPMENT
STANDARDS", BY CHANGING PARAGRAPH (v) OF SECTION (g)
ENTITLED "LANDSCAPING", TO PROVIDE NEW STANDARDS FOR
LANDSCAPING SCREENING ALONG THE WEST PARKING LOT,
NORTH NORTHWEST AND WEST NORTHWEST CORNERS OF THE
BUILDING AND THE SOUTHEAST PERIMETER PROPERTY LINE;
AND BY AMENDING EXHIBIT F, "LANDSCAPE PLAN/PLANT LIST",
BY REPLACING F1 WITH A REVISED F1 ENTITLED "F1 AMENDED",
BY CHANGING THE PERIMETER SCREENING ELEMENT ALONG
THE WEST PROPERTY LINE AND BEING FURTHER DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING 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 Council of the Town of Trophy Club, Texas (the "Town"), is
authorized and empowered by law, in accordance with Chapter 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within the
Town; and
WHEREAS, on July 15, 2002, the Town adopted Ordinance No. 2002-26 P&Z, an
amendment to Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive
Zoning Ordinance, by changing the zoning on a certain tract of land described as a 4.2821 acre
Page 1 of 5
tract of land generally ]mown as Lake Cities Church of Christ and amending the zoning map to
reflect the PD Planned Development No. 24 Zoning District; and
WHEREAS, after the commencement of construction and prior to the installation of the
landscaping materials, the property owner discovered the original approved location for the west
property line landscaping was in an area that would not promote the intended screening effect;
WHEREAS, the Town has received a request by the Owner of Lake Cities Church of
Christ for an amendment to PD Planned Development No. 24, Town Ordinance No. 2002-26
P&Z, to revise Subsection 1 under Section A of Exhibit C entitled "Development Standards",
and Sheet F1 entitled "Landscape Plan" of Exhibit F entitled "Landscape Plan/Plat List to adopt
new standards for landscaping screening along the west parking lot, north northwest and west
northwest corners of the building and the southeast perimeter property line and if the requested
amendment is approved by the Planning and Zoning Commission and Town Council, Ordinance
No. 2002-26 P&Z would be amended;
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 PD
Planned Development Ordinance No. 2002-26 P&Z as set forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the Town of
Trophy Club, Texas at properly posted public hearings, the Town Council now deems it
necessary to adopt this Ordinance amending Ordinance No. 2002-26 P&Z to revise the landscape
screening for the north perimeter property line; having concluded that such adoption is in the
best interest of the Town and of the public health, safety and welfare;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2002-26 P&Z of the Town, the same being the Town's PD Planned
Development No. 24, an amendment to the Town's Comprehensive Zoning Ordinance No. 2000-
06 P&Z of the Town, is hereby amended with the following particulars, and all articles, chapters,
sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed:
A. Exhibit "C" entitled "Development Standards", Section A, Subsection 1 is
amended to read as follows:
Page 2 of 5
(g) Landscagjna:
(v) Screening consisting of tree material, at a minimum, shall be
placed along the side property lines of residences to augment the
screening capability of existing fences. Said screening shall be
presented as an integrated and coordinated landscape system.
Along the west end of the parking Iot, fifty-nine (59) Evergreen
Shrubs (East Palatka Holly) will be installed. The shrubs will be a
minimum of six feet (6') in height at the time of installation and
will be planted three feet, six inches (T, 6") to provide a solid
visual screen.
B. Sheet F1 entitled "Landscape Plan" of Exhibit "F" entitled "Landscape Plan/Plant
List" is amended to indicate 59 East Palatka Holly along the west parking lot line.
Additionally, eight (S) trees previously approved to be located along the west
property line shall be relocated as follows: two (2) trees shall be planted along
the west parking lot Iine, two (2) trees shall be planted at the north northwest and
west northwest corners of the main building, and four (4) trees shall be planted
along the southwest perimeter property line, as indicated in Exhibit "A", entitled
"F1 Amended", a copy of which is attached hereto and incorporated herein.
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town the zoning change herein made.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance.
SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the zoning, platting, and subdivision of land which have secured at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
Zl
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.
Page 3 of 5
SECTION 7.
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 s.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 9.
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 I.O.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 11.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Cou cr"of the Town of Trophy Club, Texas,
this 17th day of May, 2004.
Mayor
Town of Trophy Club, Texas
Page 4 of 5
Effective Date: May 22, 2004
[SEAL]
ATTEST:
TR
Town Secretar�
Town of Trophy Club, Texas
v
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
Page 5 of 5
I
)si�ya is yvnyo �_�
m
-x
W