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ORD 2002-29 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002 -- 29 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002.17 P&Z, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, ADOPTING PD PLANNED DEVELOPMENT NO. 23, ZONING REGULATIONS, AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADOPTING NEW REGULATIONS FOR PD PLANNED DEVELOPMENT NO. 23, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842 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 PARTICULARY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS PREVIOUS ZONING OF °SCG", COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 23, TRHY CLUB MEDICAL PLAZA; PROVIDING THAT SUCH TRACT OF O ND SHALL B 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 REPEALER 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 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; Page I or 7 WHEREAS, on May 6, 2002, the Town adopted Ordinance No. 2002-17 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being and amending the official zoningma of the Town b char lngmprehensive Zoning Ordinance, t of land described as a 7.843 acre tract of land of generally to the North of State the zoning on a Highwaytain a 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 then current zoning of "CG", Commercial General, to PD Planned Development No. 23, Trophy Club Medical PIaza; and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to repeal Ordinance No. 2002-17 P&Z in its entirety and simultaneously adopt new provisions for the land (the "Land"), collectively described as a 7.842 acre tract of land previously zoned "CG" Commercial General, such Land being more specifically described in Exhibit "A" attached hereto and incorporated herein, by changing' the zoning of the Land into PD Planned Development No. 23, with Tract 1 ("Phase 1") consisting of approximately 4.609 acres of Iand and Tract 2 ("Phase 2") consisting of approximately 3.233 acres of land and amending 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. 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. Page 2 of 7 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. Buildin Elevations. The building standards forthis 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. $• Landscape Plan and Plant List. The Iandscape pian 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 in herein as if copied in its entirety. corporated 7 Photometric Plan and Li ht Fixtures. A photometric plan and light fixture requirements for this PD Planned Development are set forth in Exhibit "H", "Photometric PIan and Light Fixtures", which is attached hereto and incorporated herein as if copied in its entirety. g• S2gn� Signage requirements for this PD Planned Development are set forth in Exhibit 'T', "Sign Criteria", which is attached and incorporated herein as if copied in its entirety, q• Retaining Wall and Fence Criteria. The retaining wail 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• Develo Ment Schedule. The development schedule for Tract 1 (Phase l) 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. Page 4 of 7 SECTION 2. F--INDINGS 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 CIub, 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 ratif ed and affirmed: A. The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from its previous zoning of "CG" Commercial General to PD Planned Development District No. 23, with Tract 1 ("Phase 1") consisting of approximately 4.604 acres of land and Tract 2 ("Phase 2") consisting of approximately 3.233 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 of this Ordinance are more specifically described and set forth in Exhibits «A„, «B „1 «C„, «D„, "E„, «F„ «G„ H", 'T', "J" and "K", which are attached hereto and incorporated herein for all Purposes, and shall apply to both Phase 1 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 written word shall control. 1. Development/Rife Plan. A planned dove]oprnent/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 PIanned 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 Iand in this PD Planned Development District. 2• Develo ment 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; Page 3 of 7 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 MAP The Planning and Zoning Coordinator is hereby directed to District mark and indicate on the official Zoning Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE REPEALER 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. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. claim or lawsuit which has been initiated or Provided however, that any complaint, ac has arisen under or pursuant to such ton, Ordinances on the date of adoption of this Ordinance shall continue to be governed b her Provisions of such Ordinance and for that purpose the Ordinance shall remain in full force athe nd effect. SECTION 7. SSS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to an and all violations of the provisions of any other Ordinance affecting regulations governing any regulating the zoning, platting, and subdivision of land which have secured at the time of effective date of this Ordinance; and, as to such accrued violations and all pendin liti a both civil and criminal, whether pending in court or not, under such Ordinances same shy n tion, the affected by this Ordinance but may be prosecuted until final disposition by the courts. of be SECTION S. SEVERABILITY If any section, article, paragraph, sentence clause application thereof to any person or circumstance is held invalid aor unconstitutional se Or word in this Ordinance Cone or competent jurisdiction, such holding shall not affect the validityof the remainingti rt of Ordinance, and the Town Council hereby declares it would have passed such remai�itn Portionsof.this Of this Ordinance despite such invalidity, which remaining portions shall remain in fuIlgforce ons effect. and Page 5 of 7 SECTION 9. PE- MALTY It shall be unlawful for an Person to vialate any provision of this Ordinance, and Person violating or failing to comply with any ereof in an amount not more than Two Thousand Dollars�s1($2,000.00)shall be fined, upon conviction, , andeemed committed each day during or on which a violation occurs ordcontin este Offense shall be SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the the Local Government Code. Texas SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby this Ordinance by copying the exact Caption, Penal directed to engross and enroll Town Council and by filing this Ordinance in the ordinance records of thctive e Towne in e mutes of the 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 Council this 191h day of August, 2002. of the Town of Trophy Club, Texas, ATTEST: G - Town Secretary Town Of Trophy [SEAL] b, Texas Town of Trophy Club, Texas �F -c R 0 P;�\ Page 6 of 7 APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Page 7 of 7