ORD 2003-29 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003 — 29 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 5.601 ACRE TRACT OF LAND LOCATED
GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF
TW IUNG ROAD, AND SOUTH OF HANNA COURT, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT
ZONING OF "CG", COMMERCIAL GENERAL, TO PD PLANNED
DEVELOPMENT NO. 26, TROPHY CLUB PHYSICIAN'S HOSPITAL;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT
NO. 26 ZONING DISTRICT FOR THE SUBJECT PROPERTY;
PROVIDING A DEVELOPMENT/SITE PLAN; PROVIDING
DEVELOPMENT STANDARDS; PROVIDING BUILDING
ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A
LANDSCAPE PLAN AND PLANT LIST; PROVIDING A CIVIL SITE
PLAN; PROVIDING FOR A PHOTOMETRIC PLAN AND LIGHT
FIXTURES; ESTABLISHING SIGNAGE CRITERIA; ESTABLISHING
RETAINING WALL PROVISIONS; SETTING FORTH A
DEVELOPMENT SCHEDULE; PROVIDING A FACILITY OVERVIEW;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
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 Council of the Town of Trophy Club, Texas (the "Town"), is
authorized and empowered by law, in accordance with Chapter 21.2 of the Texas Local
Goyernment Code, to regulate the subdivision of land and property development within the
Town;
WHEREAS, the owner of the tract of land (the "Land"), collectively described as a
5.601 acre tract of land currently zoned "CG" Commercial General, such Land being more
specifically described in Exhibit "A" attached hereto and incorporated herein, filed an
application with the Town Planning and Zoning Commission requesting a change in zoning of
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the Land into PD Planned Development No. 26. Such application further requested an
amendment to the official Zoning District Map of the Town in accordance with Ordinance No.
2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Commission; and
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
Bearings 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
Comprehensive Zoning Ordinance No. 2000-06 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, among
other things, 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 rezoning
approved hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity and need for the
change in zoning and that the proposed change is consistent with the Comprehensive Land Use
Plan.
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.
FINDINGS
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.
SECTION 3.
REZONING
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
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A. The zoning on the Land, more particularly described in Exhibit "A", attached hereto and
incorporated herein, is hereby changed from "CG" Commercial General to PD Planned
Development District No. 26, consisting of approximately 5.601 acres of land, for use in
accordance with the requirements of this Ordinance and all other applicable ordinances,
rules, and regulations of the Town. Requirements of this Ordinance are more specifically
described and set forth in Exhibits "A", "B", "C", "D", "E", "F", "G", "H", "117, "J", "K"
and "L", which are attached hereto and incorporated herein for all purposes. In the event
of any ambiguities or conflicts between the written word in the Development Standards
and the illustrations provided in the Exhibits to this ordinance, the Exhibits shall control.
1. Development/Site Plan. A planned development/site plan for the Land, and all
parts thereof, is attached hereto as Exhibit "B", "Planned Development/Site Plan"
and incorporated herein as if copied in its entirety. Such Planned
Development/Site Plan shall be adhered to in carrying out the development of the
land in accordance with this Ordinance, and compliance with each and every part
of such plan shall constitute a condition precedent to the issuance of any building
permit for the land in this PD Planned Development District,
2. Development Standards. The development standards for this PD Planned
Development are attached hereto as Exhibit "C", "Development Standards", and
are incorporated herein as if copied in their entirety. Such standards and
regulations include, but are not limited to, a general purpose; size of tracts; uses
generally, as specified for; limitation of uses; area, building and site regulations;
off-street parking; off-street loading; landscaping requirements; tree preservation;
design requirements; signs; fire lanes; mechanical and electrical equipment;
construction trailer, hours of operation; and development schedule. Such
Development Standards shall be adhered to in carrying out the development of the
Iand in accordance with this Ordinance, and shall individually and collectively
constitute conditions precedent to the granting of any Certificate of Occupancy
for all structures within PD Planned Development No. 26,
3. Building Elevations. The building standards for this PD Planned Development
are attached hereto as Exhibit "D", `Building Elevations", and are incorporated
herein as if copied in their entirety.
4. Site Line Studies. The site line studies for this PD Planned Development are
attached hereto as Exhibit "E", "Site Line Studies", and are incorporated herein as
if copied in their entirety.
5. Landscape Plan and Plant List. The landscape plan and plant list for this PD
Planned Development are attached hereto as Exhibit "F", "Landscape Plan and
Plant List", and are incorporated herein as if copied in their entirety.
6. Civil Site Plan. The civil site plan for this PD Planned Development is attached
hereto as Exhibit "G", "Civil Site Plan", and is incorporated herein as if copied in
its entirety.
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7. Photometric Plan and Light Fixtures. A photometric plan and light fixture
requirements for this PD Planned Development are set forth in Exhibit "H",
"Photometric Plan and Light Fixtures", which is attached hereto and incorporated
herein as if copied in its entirety.
8. Signage Criteria. Signage requirements for this PD Planned Development are set
forth in Exhibit "I", "Sign Criteria", which is attached and incorporated herein as
if copied in its entirety.
9. Retaining Wall Criteria. The retaining wall and fence requirements for this PD
Planned Development are set forth in Exhibit "J", "Retaining Wall and Fence
Criteria", which is attached hereto and incorporated herein as if copied in its
entirety.
10. Development Schedule. The development schedule is set forth in Exhibit "K",
"Development Schedule", which is attached hereto and incorporated herein as if
copied in its entirety.
11. Facility Overview. The facility overview is set forth in Exhibit "L", "Facility
Overview", which is attached hereto and incorporated herein as if copied in its
entirety.
SECTION 4.
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 S.
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 b.
CUMULATIVE
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 7.
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
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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 S.
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 9.
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 10.
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 11.
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 12.
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 Toy
this 1" day of December, 2003.
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Effective Date: DECEMBER 6, 2003
ATTEST:
Town Seere€ary w
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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