ORD 2015-11 P&Z PD-13TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-11 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED
DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY
AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97-
23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO.
2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, BY ORDINANCE
NO. 2010-28 P&Z, BY ORDINANCE NO. 2011-17 P&Z AND BY
ORDINANCE NO. 2015-08 P&Z OF THE TOWN, THE SAME BEING PD
PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDED BY
THIS ORDINANCE IN ORDER TO CORRECT A CLERICAL ERROR IN
THE NUMBERING/LETTERING OF SECTION A(1KbK1) "PERMITTED
USES" OF EXHIBIT "C" ENTITLTED "DEVELOPMENT STANDARDS",
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN
AMENDMENT TO SECTION A(1)(b)(1) ENTITLED "PERMITTED USES"
OF EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS";
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 FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN;
PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS
AND REPEALER CLAUSE; 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 A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 14, 2015, after all legal notices, requirements and
conditions had been complied with in order to amend PD Planned Development #13,
the Village At Trophy Club, Texas, Ordinance No. 2015-08 P&Z was approved by the
Town Council pursuant to the recommendation of the Planning and Zoning Commission
of the Town; and
WHEREAS, subsequent to that approval, it was discovered that due to a clerical
error, Ordinance No. 2011-17 P&Z had not been included in the amendment adopted
by Ordinance No. 2015-08 P&Z and that resulted in a numbering/lettering error to
Section A(1)(b)(1) "Permitted Uses" of Exhibit "C" "Development Standards"; and
WHEREAS, the purpose of this Ordinance is to correct the clerical error in
Ordinance No. 2015-08 P&Z, and the adoption of this Ordinance correcting that clerical
error does not effect a substantive change to PD Planned Development #13 but is
merely being made for the purpose of correcting a clerical error; and
ORD 2015-11 P&Z
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 has concluded that the adoption of this
Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best
interests of the Town of Trophy Club, Texas and of the public health, safety and
welfare.
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.
AMENDMENT
2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD
Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance
No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by
Ordinance No. 2006-15 P&Z, by Ordinance No. 2010-28 P&Z, by Ordinance No. 2011-
17 P&Z and as amended by Ordinance No. 2015-08 P&Z of the Town, is hereby further
amended by this Ordinance amending Exhibit "C" Development Schedule, Section
A(1)(b)(1), "Permitted Uses" in order to correct a clerical error in the numbering/lettering
of Section A(1)(b)(1), "Permitted Uses", in the following particulars as set forth below,
and all other articles, chapters, sections, paragraphs, sentences, phrases and words
are not amended but are hereby ratified and affirmed:
A. Purpose: development standards, uses within individual tracts: This Planned
Development is designed to accommodate a variety of retail commercial and
commercial office uses. For development purposes, the Land is divided into
four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD
Site Plan)), and the use and development of each of the tracts shall be in
accordance with the following:
1. Tract 1 (Retail uses, as depicted in Exhibit "131: The following standards
shall apply to Tract 1:
(a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land.
(b) Uses generally: In the development and use of Tract 1, no land shall be
used and no building or structure shall be installed, erected or converted to
any use other than the following:
1. Permitted Uses:
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ORD 2015-11 P&Z
"(AA) Liquor Store
(BB) Indoor Canine Retail and Training*
* This use is defined as a retail establishment which sells canine related items
and accessories and which also trains domesticated or tamed dogs, all within a
completely enclosed building. Training shall not include the training of any other
animals, nor any "prohibited animal" as defined in the Town Code of Ordinances.
The boarding and grooming of any animals is prohibited."
SECTION 3.
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 4.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue
to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 5.
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 less than One Dollar ($1.00) nor 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. The penalty provided by
this section shall be cumulative of all other penalties allowed by law, including without
limitation, civil remedies available for enforcement of this Ordinance.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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
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ORD 2015-11 P&Z
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that 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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
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 26TH day of May, 2015.
0
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
a � � M-A%�W
Holly Fimlbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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[SEAL]
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ORD 2015-11 P&Z