ORD 2002-04 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 04 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
RATIFYING ACTION TAKEN BY THE TOWN COUNCIL ON JANUARY
19, 1999, APPROVING AN AMENDMENT TO THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 98-24 P&Z OF THE TOWN,
BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 6.6589 ACRE TRACT OF LAND, GENERALLY KNOWN
AS THE ESTATES OF ROGAN'S GLEN, PHASE II, AND MORE,
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO
AND INCORPORATED HEREIN, FROM ITS THEN CURRENT ZONING
OF R-12 SINGLE FAMILY RESIDENTIAL AND R-15 SINGLE FAMILY
RESIDENTIAL TO PD PLANNED DEVELOPMENT #20 FOR SINGLE
FAMILY RESIDENTIAL USES; 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 #20
ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PD
DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS
AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A
GENERAL PURPOSE, USES GENERALLY, BUILDING PERMIT
REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES,
CONSTRUCTION REGULATIONS, DRIVEWAYS AND WALKWAYS,
SPECIAL PAVING, FENCES/WALLS/RETAINING WALLS, COMMON
AREAS, LANDSCAPE, UTILITIES, SIGNS, EXTERIOR LIGHTING,
PRIVATE STREETS, AND NON SPECIFIED REGULATIONS; PROVIDING
A DRAFT OF PROPOSED COVENANTS, CONDITIONS, AND
RESTRICTIONS; PROVIDING A CONSTRUCTION SCHEDULE;
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 of Trophy Club, Texas, is a Type A General Law Municipality
located in Denton County, Texas, and created and operating in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas;
WHEREAS, on December 22, 1998 the owner of the tract of land (the "Land"), described as
a 5.6589 acre tract of land then zoned for R-12 Single Family Residential and R-15 Single Family
Residential uses, said tract generally known as the Estates of Hogan's Glen, Phase II, and as
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 the Land into PD Planned
Development #20 for Single Family Residential uses and an amendment to the then official Zoning
District Map of the Town in accordance with Ordinance No. 98-24 P&Z of the Town (the
"Comprehensive Zoning Ordinance");
WHEREAS, all legal notices, requirements and conditions were complied with, and the case
to rezone the Land came before the Planning and Zoning Commission and Town Council, and was
approved by the Town Council at a public hearing held jointly with the Planning and Zoning
Commission;
WHEREAS, the Town Council considered, among other things, the character of the districts
and their suitability for particular uses, with a view of conserving the value of buildings and
encouraging the most appropriate use of land in the Town, and did thereby find that the requested
rezoning would accomplish such objectives;
WHEREAS, the Town Council found that the proposed zoning utilized innovative land
development concepts and was consistent with the Town's Comprehensive Land Use Plan;
WHEREAS, the Town Council further determined that there was a necessity and need for
the change in zoning and that there had been a change in the conditions of the land surrounding and
in close proximity to the Land since the Land was originally classified and, therefore, the requested
change in zoning was needed;
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 concluded that the amendments to the Comprehensive Zoning Ordinance
were in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare;
WHEREAS, such action approving the amendment to the Comprehensive Zoning Ordinance
and creating PD Planned Development #20 is reflected in the certified minutes of the Joint Public
Hearing and Joint Public Session with the Planning and Zoning Commission/Regular Town Council
Meeting of January 19, 1999;
WHEREAS, it has since been discovered that a copy of the actual Ordinance documenting
such action by the Town Council at the January 19, 1999 cannot be located; and
WHEREAS, in keeping with the Town's continual effort to maintain accurate
recordkeeping, and after due deliberation and consideration by the Planning and Zoning Commission
and the Town Council at properly posted public hearings, this Ordinance ratifying the action taken at
the January 19, 1999 meeting, whereby the creation of PD Planned Development #20 was approved,
is hereby adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PRENUSES
The above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
RATIFICATION
The adoption of this Ordinance shall serve to ratify the action of the Town Council of the
Town of Trophy Club at the January 19, 1999 meeting, whereby the creation of PD Planned
Development #20, an amendment to then current Comprehensive Zoning Ordinance No. 98-24 P&Z,
was approved.
SECTION 3.
REZONING
The amendment of Comprehensive Zoning Ordinance No. 98-24 P&Z of the Town of Trophy
Club, Texas, the Comprehensive Zoning Ordinance in effect at the time of Town Council's initial
action creating PD #20, is hereby ratified in the following particulars, and all other articles, chapters,
sections, paragraphs, sentences, phrases and words of the Comprehensive Zoning Ordinance are not
amended but are hereby ratified and affirmed:
A. The zoning of the Land, being a 6.6589 acre tract of land described in Exhibit "A"
attached hereto and incorporated herein, heretofore zoned R-12 Single Family Residential District
and R-15 Single Family Residential District, is hereby changed to PD Planned Development District
for Single Family Residential uses in accordance with the requirements of this Ordinance as set forth
in Exhibits "A", "B", "C", "D", and "E", which are attached hereto and incorporated herein for all
purposes, and all other applicable ordinances, rules and regulations of the Town.
1. PD Development/Site Plan. A planned development plan for the land, and all parts
thereof, is attached as Exhibit "B" and incorporated herein as if copied in its entirety.
Such planned development 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 Planned Development District.
2. Development Standards and Single Family Housing Regulations. The development
standards and single family housing regulations for this planned development are
hereby attached as Exhibit "C" and are incorporated herein as if copied in their
entirety. Such standards and regulations include, but are not limited to, a general
purpose, uses generally, building permit requirements, height regulations, area
regulations, garages, construction regulations, driveways and walkways, special
paving, fences/walls/retaining walls, common areas, landscape, utilities, signs
exterior lighting, private streets, and non specified regulations. Such development
standards and regulations 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 #20.
3. Draft of Proposed Covenants. Conditions, and Restrictions. In connection with the
development of the land, the Owner of the land has voluntarily agreed to place
against the land certain covenants, conditions, and restrictions in a form to be
approved by the Town and to which the Town may be made a party to for certain
purposes. Such covenants, conditions and restrictions are attached as Exhibit "D"
and are incorporated herein as if copied in their entirety. Such covenants shall have
the force and effect of law, and by their adoption as part of this Ordinance, shall be
enforceable by the Town at the Town's sole discretion.
4. Construction Schedule. The construction schedule for the development of the Land
is attached as Exhibit "E" and is incorporated herein as if copied in its entirety. Such
schedule is contingent upon Town approvals of zoning, platting and construction
permitting.
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official
Zoning Map of the Town to reflect the zoning change herein made.
SECTION S.
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 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 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 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 8.
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 of this Ordinance shall be fined, upon conviction, in
an amount not to exceed 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 10.
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 of the Town of Trophy CIub and by filing this Ordinance in the Ordinance records of the
Town.
SECTION 11.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law,
and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 7"'
day of January, 2002.
ATTEST:
Town Secretary /�� �4 ` L A41
Town of Trophy {Club, Texas t��
Y
[SEAL)
V C,�,.
EFFECTIVE: January 16, 2002 7�
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APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
which Committee shall review the proposed expenditure and timely make its recommendation to
the Town Council.
Section 4. The Mayor shall file or cause to be filed a true and correct copy of the
approved budget, along with this Ordinance, with the Town Secretary and in the office of the
County Cleric of Denton County, Texas.
Section 5. Any and all ordinances, resolution, rules or regulations in conflict with this
Ordinance are hereby repealed and rescinded to the extent of the conflict herewith.
Section 6. 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 7. This Ordinance shall be effective from and after its date of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the Ist day of September
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
T46 Attorney,
Town of Trophy CIub, Texas
DOC ": $25012