ORD 2002-17 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 17 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2006-06 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 7.843 ACRE, TRACT OF LAND LOCATED
GENERALLY TO THE NORTH OF STATE HIGHWAY 114, EAST OF PD
NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF HERITAGE
COURT SOUTH, 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. 23, TROPHY CLUB MEDICAL
PLAZA; 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. 23 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 SIGN
CRITERIA; ESTABLISHING RETAINING WALL AND FENCE
CRITERIA; SETTING FORTH A DEVELOPMENT 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 owner of the tracts of land (the "Land"), collectively described as a
7.843 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
the Land into PD Planned Development No. 23, with Tract 1 ("Phase 1") consisting of
approximately 4.148 acres of land and Tract 2 ("Phase 2") consisting of approximately 3.694
acres of land. 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
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. 2006-06 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, THE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PRENIISES
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 Fest 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:
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. 23, with Tract 1 ("Phase 1")
consisting of approximately 4.148 acres of land and Tract 2 ("Phase 2") consisting
of approximately 3.694 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", `B", '77, "G", "H", "I", ".1" and "K", which
are attached hereto and incorporated herein for all purposes, and shall apply to
both Phase I and Phase 2 of PD Planned Development No. 23 unless otherwise
specified in such Exhibits. 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;
pedestrian circulation; signs; screening standards; fire lanes; mechanical
and electrical equipment; hours of operation; and development schedule.
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. 23.
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.
d. 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 PIan 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.
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. Sign 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 and Fence ,Criteria. The retaining wall and fence
requirements for this PD Planned Development are set forth in Exhibit "i",
"Retaining Wall and Fence Criteria", which is attached hereto and
incorporated herein as if copied in its entirety.
10_ Development Schedule. The development schedule for Tract 1 (Phase 1)
of this PD Planned Development is set forth in Exhibit "K",
"Development Schedule", which is attached hereto and incorporated
herein as if copied in its entirety. The proposed Development Schedule for
Tract 2 (Phase 2) is included in Exhibit "K", however, at such later date as
the developer desires to begin Tract 2 (Phase 2), a final Development
Schedule shall be submitted for Town approval in the form of an
ordinance amendment. Developer shall not begin Tract 2 (Phase 2) until
such Development Schedule is approved.
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 5.
ZONING 11/IAP
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 6.
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
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 8.
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 CIub 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 Town
this 6"' day of May, 2002.
n of Trophy CIub, Texas,
of Trophy Club, Texas
ATTES
Town Secretary�ro�� '�A�15
Town of Trophy Club, Texas �0�
[SEAL]
EFFECTIVE DATE: May 15, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas