ORD 2014-36 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-36 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2007-15 P&Z (PD PLANNED DEVELOPMENT DISTRICT
NO. 27) THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE
COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE
OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE
TO REFLECT CHANGES TO THE BOUNDARIES OF PD PLANNED
DEVELOPMENT DISTRICT NO. 27 (PD NO. 27) TO INCREASE THE SIZE OF
THE AREA OF LAND DESIGNATED AS NEIGHBORHOOD 4 BY A TOTAL OF
0.638 ACRES FORMALLY ZONED "CR"- COMMERCIAL RECREATION AS
MORE FULLY SET FORTH BELOW IN EXHIBIT "A-1" WHICH WILL
INCREASE THE TOTAL ACREAGE OF PD NO. 27 FROM 696.9 ACRES TO
697.538 ACRES; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO SECTION I,
"PROJECT LOCATION" AND SECTION V, "NEIGHBORHOOD
REGULATIONS" OF EXHIBIT "B", "DEVELOPMENT STANDARDS" AND TO
INCORPORATE EXHIBIT "A-1" ENTITLED "LEGAL DESCRIPTION NH 4
ADDITION"; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE
SHALL AMEND ORDINANCE NO. 2007-15 P&Z AMENDING ORDINANCE
NO. 2006-06 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN AND AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN AS MORE FULLY DESCRIBED BELOW; PROVIDING
THAT THE ZONING REGULATIONS CONTAINED IN ORD. NO 2007-15 ARE
APPLICABLE TO NEIGHBORHOOD 4 ("NH 4"), EXCEPT AS SPECIFICALLY
AMENDED HEREBY; PROVIDING APPLICABLE REGULATIONS;
PROVIDING FOR A ZONING MAP AMENDMENT; 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. (PDAMD-14-043)
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home
Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, the Town previously repealed Ordinance No. 2006-11 P&Z amending
Ordinance No. 2000-06 P&Z by adopting Ordinance No. 2007-15 P&Z and creating PD Planned
Development No. 27, known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and
WHEREAS, after the passage of Ordinance No. 2007-15 P&Z, the owner of the land
zoned PD No. 27 (hereinafter referred to as "Land"), filed an application with the Town
requesting various amendments to PD No. 27 in order to increase the acreage of Neighborhood 4
of PD No. 27 to allow for the addition of two (2) residential lots; and
WHEREAS, the increase to the land comprising Neighborhood 4 is more specifically
described in Exhibit "A-1" formally zoned "CW'— Commercial Recreation, a copy of which is
attached hereto and incorporated herein, and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend PD No. 27 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
Ordinance No. 2007-15 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 the
proposed amendments and considered, among other things, the impact of the proposed
amendments on density, 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 the proposed amendments to PD No.
27 as set forth herein are in accordance with the Town's Comprehensive Land Use Plan and
other ordinances relating to land use and zoning; and
WHEREAS, the Town Council has determined that there is a necessity for the
amendments to Ordinance No. 2007-15 P&Z to be approved, and the Town Council has
determined that this Ordinance No. 2014-36 P&Z amending Ordinance No. 2007-15 P&Z should
be adopted, that the proposed change is consistent with the Comprehensive Land Use Plan, and
that the terms of this Ordinance shall replace those terms contained in Ordinance No. 2007-15
P&Z that are in conflict with the amendments specifically set forth below;
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 consistent with the
Comprehensive Land Use Plan and general zoning of the Town and in the best interests of the
Town of Trophy Club, Texas, and of the public health, safety and welfare.
SECTION 3.
AMENDMENTS
A Ordinance No. 2007-15 P&Z adopting PD Planned Development District No. 27 of the
Town of Trophy Club and amending Ordinance No. 2000-06 P&Z, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended so that the following
sections shall be and read in their its entirety as follows and the remaining provisions not
expressly amended or repealed hereby shall remain in full force and effect:
1. Property Description - Exhibit "A-1": A legal description for three (3) separate
tracts of land with a cumulative acreage of approximately 0.638 acres of land added
to the area of PD Planned Development District No. 27 designated as Neighborhood
4 entitled "Legal Description NH 4 Addition" is attached hereto and incorporated
into this Ordinance as Exhibit "A-1" (hereinafter "Exhibit "A-1"). Exhibit "A-1"
contains three (3) legal descriptions and a diagram of the area designated as
Neighborhood 4 on the Concept Plan for the Land as altered by the addition of the
0.638 acres (formerly zoned CR Commercial Recreation). The addition of 0.638
acres to PD Planned Development No. 27 shall increase the total acreage of PD No.
27 to 697.538 acres.
2. Development Standards: The zoning on the Land, more particularly described in
Ordinance No. 2007-15 P&Z amending Ordinance No. 2000-06, the same being the
Comprehensive Zoning Ordinance of the Town, is zoned as PD Planned
Development District No. 27, consisting of approximately 697.538 acres of land, for
use in accordance with the requirements of this Ordinance, and all other applicable
ordinances, rules, and regulations of the Town. The development standards for PD
Planned Development District No. 27 are set forth in Exhibit `B", entitled
"Development Standards", a copy of which has been amended as set forth below and
is attached hereto and incorporated herein (hereinafter Exhibit `B"). The following
sections of Exhibit "B" are hereby amended as set forth below with all other
provisions and terms of Exhibit `B" not expressly amended hereby remaining in full
force and effect and all conflicting provisions being hereby repealed:
a. Section I, entitled "Project Location" shall be amended so that the narrative
under the map of PD -27 shall be and read in its entirety as follows:
The Highlands at Trophy Club consists of approximately 697.538 acres of land
generally to the north of Oakmont Drive, Oak Hill Drive and the Quorum
Condominiums, east of the Lakes of Subdivision and Parkview Drive, south of
the Corps of Engineer's property, and west of the Towns' eastern town limit.
b. Subsection "d", entitled "Neighborhood 4" of Section "V" entitled
"Neighborhood Regulations" is hereby repealed and a new Subsection "d"
entitled "Neighborhood 4" of Section "V" entitled "Neighborhood
Regulations" is hereby adopted and shall be and read in its entirety as follows:
Neighborhood 4:
Neighborhood 4 shall include the following two (2) lot types:
Lot Type 1 shall be located adjacent to the Golf Course and represent
approximately 82 lots.
Lot Type 2 — Approximately 104 lots.
Add 0.638 acres to the area designated as Neighborhood 4 to add two (2)
lots, each designated as Lot Type 1. Both new lots are located within the
boundaries of Trophy Club Municipal Utility District No. 1 and are not
subject to PID assessments.
Total Number of Lots: 186
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 mark and indicate on the
official Zoning District Map of the Town the zoning change herein made.
SECTION 6.
CUMULATIVE 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 or as specifically provided otherwise in 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 or part of a 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 and Town Charter.
SECTION 11.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance in accordance with the Town Charter and applicable law.
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 of the Town of Trophy Club, Texas,
this 13`" day of November, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Effective Date: l 2 )-W/4
ATTEST:
YArd, ToAp Secretary
of Troph lub, Texas
APPROVED TO AS FORM:
'+?] �j I 0-g2l,,
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas