ORD 2003-26 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003 — 26 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-09 P&Z ESTABLISHING PD
PLANNED DEVELOPMENT NO. 22 FOR SINGLE FAMILY
RESIDENTIAL, BY AMENDING ORDINANCE NO. 2000-09 P&Z TO
REDEFINE THE BOUNDARIES OF PD PLANNED DEVELOPMENT NO.
22 BY REMOVING AN APPROXIMATE 10.897 ACRE TRACT OF LAND
FROM PD PLANNED DEVELOPMENT NO. 22, SUCH 10.897 ACRE
TRACT BEING LOCATED NORTH NORTHWEST OF HARMONY
PARK WITHIN THE TOWN AND MORE SPECIFICALLY DESCRIBED
IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN; BY LEAVING THE REMAINING 64.04
ACRE TRACT OF LAND ORIGINALLY REZONED THROUGH THE
ENACTMENT OF ORDINANCE NO. 2000-09 P&Z AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, WITHIN PD
PLANNED DEVELOPMENT NO. 22, WATERS EDGE AT HOGAN'S
GLEN; BY AMENDING THE ZONING MAP TO REFLECT THE PD
PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT FOR THE 64.04
ACRE TRACT OF LAND FOR SINGLE FAMILY RESIDENTIAL;
PROVIDING THAT ALL OTHER TERMS AND REQUIREMENTS OF
PD PLANNED DEVELOPMENT NO. 22 CONTAINED WITHIN
ORDINANCE NO. 2000-09 P&Z SHALL REMAIN IN FULL FORCE AND
EFFECT AND SHALL BE APPLICABLE TO THE 64.04 ACRE TRACT
OF LAND ZONED PD PLANNED DEVELOPMENT NO. 22 AND
REMAINING WITHIN PD PLANNED DEVELOPMENT NO. 22;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH ALL OTHER REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN NOT IN CONFLICT
WITH THIS ORDINANCE OR ORDINANCE NO. 2000-09 P&Z;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
PUBLICATION CLAUSE; 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;
WHEREAS, the owner of the tract of land (the "Land"), described as a 10.897 acre tract
of land currently zoned PD Planned Development No. 22 (PD -22), said tract being more
specifically described in Exhibit "A" attached hereto and incorporated herein, filed an
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application with the Town Planning and Zoning Commission requesting to redefine the
boundaries of PD -22 by removing an approximate 10.897 acre tract of land from PD -22; 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
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
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.
AMENDMENT
Ordinance No. 2000-09 P&Z of the Town of Trophy Club, Texas, the same being the
Town's PD Planned Development No. 22 and an amendment to Comprehensive Zoning
Ordinance 2000-06 P&Z of the Town, is hereby amended by replacing in their entirety the
Location Map and Exhibit's "A", "B", "C", "D", "E" and "G" adopted by Ordinance No. 2000-
09 P&Z and to adopt new provisions for the Location Map and Exhibits "A", "B", "C", "D", "E"
and "G", attached hereto and incorporated herein, and furthermore is hereby changed to redefine
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the boundaries of PD -22 to reflect approximately 64.04 acres of land, for use in accordance with
the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of
the Town. All other terms and requirements of PD Planned Development No. 22 contained
within Ordinance No. 2000-09 P&Z shall remain in full force an effect and shall be applicable to
the 64.04 acres remaining within PD Planned Development No. 22, providing that such tract of
land shall be used in accordance with all other requirements of the Comprehensive Zoning
Ordinance and all other applicable ordinances of the Town. 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 written text shall control.
A. Location Maty. The location map for the Land, and all parts thereof, is attached
hereto as "Location Map" and incorporated herein as if copied in its entirety.
Such location map shall reflect the redefined boundaries of PD -22.
B. Exhibit "A", Property Description. A Property description for the Land, and all
parts thereof, is attached hereto as Exhibit "A", "Property Description" and
incorporated herein as if copied in its entirety. Such Property Description shall
reflect the accurate boundaries of the development.
C. Exhibit "C", Development Standards and Single Family, Housing Regulations.
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; non specified regulations; uses, as specified for;
accessory uses and limitation of uses; building permit requirements; height
regulations; area regulations; garages; construction regulations; driveways and
walkways; special paving; fences/walls/retaining walls; common areas;
landscaping; pathway plan; utilities; signs; private streets and traffic study. Such
Development Standards shall be adhered to in carrying out the development of the
land 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. 22.
D. Exhibit "D", Pathway Plan. The pathway plan for this PD Planned Development
is attached hereto as Exhibit "D", Pathway Plan, and are incorporated herein as if
copied in their entirety.
E. Exhibit "E", Landscape Plan. The landscape pian for this PD Planned
Development is attached hereto as Exhibit "E", "Landscape Plan", and is
incorporated herein as if copied in its entirety.
P. Exhibit "G". Construction Phasing Schedule. The construction phasing schedule
for this PD Planned Development is attached hereto as Exhibit "G", Construction
Phasing Schedule", and is incorporated herein as if copied in its entirety.
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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 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 6.
CUY[ LATIVE 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 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
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 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.
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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 Iaw, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this I" day of December, 2003. i
(Mayor C
Town of Trophy Club, Texas
Effective Date: DECEMBER 6, 2003
ATTEST:
Town Secretary
Town of Trophy Cfub, Texas
APPROVED TO AS FORM:
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aL41 -��.� I i ; L�-;-
Town Attorney
Town of Trophy Club, Texas
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