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ORD 2025-19 Hutchins BBQ Revised Site and Parking TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, ORDINANCE NO. 2015-44 P&Z, ORDINANCE NO. 2023-10 P&Z, AND ORDINANCE NO. 2023-22, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, BY ADOPTING EXHIBIT "D" ENTITLED "TRACT 3 DEVELOPMENT PLANS ", TO AMEND AND ADOPT EXHIBITS 3-1, 3-3, AND 3-8 TO EXHIBIT "D-3" FOR LOT 2R-2, BLOCK B, TROPHY WOOD ADDITION (TRACT 3) AS SET FORTH IN EXHIBITS 3-1, 3-3, AND 3-8 TO EXHIBIT "D-3"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDENTS TO ADOPT EXHIBITS 3-1, 3-3, AND 3-8; PROVIDING A REVISED SITE PLAN, OFF-SITE PARKING STANDARDS, BUILDING ELEVATIONS, AND A PARKING LICENSE AGREEMENT, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the "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 Local Government Code; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town Council"), 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; and WHEREAS, on December, 2, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 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 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court (the "Land"), from its then current zoning of "CG", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the owner/applicant of Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) has requested an amendment to PD-25 for the purpose of seeking approval of a Final Detailed Site Plan, Building Elevations, Off-Site Parking standards, and Off-Site Parking Agreement, for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and such amendments are set forth herein and in Exhibits 3-1, 3-3, and 3-8 to Page 1 of 12 Exhibit "D-3, entitled "Tract 3 Development Plans", 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 Ordinance No. 2002-41 P&Z, Ordinance No. 2015-44 P&Z, and Ordinance No. 2023-10 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; and 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 is in the best interests of the Town and will further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: 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 Exhibit"D-3" entitled "Tract 3 Development Plans" of Ordinance No. 2002-41 P&Z, and Ordinance No. 2015-44 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby adopted to add the following regulations relating to Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and to incorporate Exhibits 3.1, 3.3, and 3.8 to Exhibit "D-3" so that Exhibit "D" shall include the following and shall also include Exhibits 3.1, 3.3, and 3.8 and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. LOT 2R-2, BLOCK B, TROPHY WOOD BUSINESS CENTER (TRACT 3): Page 2 of 12 A. Final Detailed Site Plan: A Final Detailed Site Plan for Lot 2R-2, Block B, Trophy Wood Business Center(Tract 3) of this PD Planned Development, and all parts therefore, is attached hereto as Exhibit "3.1", "Final Detailed Site Plan", of Exhibit D-3, "Tract 3 Development Plans", and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of the Land and compliance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list established as Exhibit 3.2 Landscape Plan and Plant List, of Exhibit D-3 in Ordinance 2015- 44 shall remain in full force and effect. No revisions are proposed to Exhibit 3.2. C. Building Elevations. The building elevations including fencing and screening for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit "3.3", "Building Elevations", of Exhibit D-3, "Tract 3 Development Plans", and are incorporated herein as if copied in their entirety. D. Site Line Studies. The site line studies established as Exhibit 3.4 Site Line Studies, of Exhibit D-3 in Ordinance 2015-44 shall remain in full force and effect. No revisions are proposed to Exhibit 3.4. E. Photometric Plan. The photometric plan established as Exhibit 3.5 Photometric Plan, of D-3 in Ordinance 2015-44 shall remain in full force and effect. No revisions are proposed to Exhibit 3.5. F. Retaining Wall and Fence Criteria. The retaining wall and fence criteria established as Exhibit 3.6 Retaining Wall and Fence Criteria, of Exhibit D-3 in Ordinance 2015-44 shall remain in full force and effect. No revisions are proposed to Exhibit 3.6. G. Sign Criteria. The sign criteria for Lot 2R-2, Block B, Trophy Wood Business Center(Tract 3) established as Exhibit 3.7, "Sign Criteria", of Exhibit D-3, "Tract 3 Development Plans" in Ordinance No. 2023-10 shall remain in full force and effect. No revisions are proposed to Exhibit 3.7. H. Civil Site Plan. The civil site plan requirement as identified in Section B. Additional Development Standards, Item 12, of the original PD Planned Development No. 25 ordinance (Ordinance No. 2002-41) has been completed upon the development of the site and no revisions are proposed in this ordinance. I. Development Schedule. The development schedule requirement as identified in Section B. Additional Development Standards, Item 12, of the original PD Planned Development No. 25 ordinance (Ordinance No. 2002-41) has been completed upon the development of the site and no revisions are proposed in Page 3 of 12 this ordinance. J. All parking lot landscape islands shall meet the landscaping requirements in the Code of Ordinances. K. Off-Site Parking. An off-site parking agreement has been executed, allowing twelve (12) offsite parking spaces at the nearby Holiday Inn, Lot 3R3, Block B of the Trophy Wood Business Center shall count towards the parking requirement for PD Planned Development No. 25, as depicted in Exhibit 3.8. The Parking License Agreement should be maintained as per the terms of the Parking License Agreement, Exhibit 3.8. L. Section B. Additional Development Standards, Item 12, of the original PD Planned Development No. 25 ordinance (Ordinance No. 2002-41) shall be considered to have been fulfilled and no additional approvals shall be required. This ordinance shall satisfy the Town's requirements for securing permits and or certificates of occupancy provided that the proposed development does not exceed the development standard limitations outlined in this ordinance. M. Approvals for future developments shall not require an amendment to this PD ordinance provided that the proposed development does not exceed the development standard limitations of this ordinance. 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. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS All rights and remedies of the Town 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. Page 4 of 12 SECTION 6. 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 7. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases in this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 8. 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 3.16 of the Town's Charter, or Section 52.011 of the Texas Local Government Code, as applicable. 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 C. ncil of the Town of Trophy Club, Texas, this 28th day of July 2025. Ant Jean =r''e' Øy,/:yOr ATTE T: e< Tammy Dixon, T n Secretary z0 APPROVED AS TO FORM: ® - �� • Dean Ro , o rney Page 5 of 12 EXHIBIT 3.1 SITE PLAN USN/.X 1'81113 ANdOkil •04.1 HS HOT .........4,%,......,,,,,. X.- , '..)..... . ,. '''''"'"'7.1.T.g;%:.=;<",.;',.„ I .l•t" : 1 3 SNIH91111.1 -=. ..,.• g 1.r qc h4Vid J.ISIVEri10111HDW5/ -....,„.. ' 31,4I1 A.I. 3,10e n::',„=.. . “...... . .. ... .. ... .... ............. ... I t at \,:-___,... ..........,.. t t,D 5 1.... . 61 ICI .,.--. R. , -.L. •. . o, 2 1 i'l I ,i , Oft.10 I, . .. -"v.. : : , I ------ .______ f 2,3„,,.....1 . 1 /::4.1 ' 1..!..!! ....44,1 3 ,21, -< • ; li; ,-------: .,, 1 ).(1 annu 1 . RI, • ,' It ,,,, , 4'I i. 1 i, 4 I 1 --- - !I ' (-171-1-__ 3111111 INIIIVI . il I ''-1•041., k... 4_,_. c.....:........7,..t.A. 1 X • , . ,1 7 :1.• .. ,. 1 . r : . . .. -- ---- , , II WI 0 i :1111111111111 I , :: ----------;t , 4 e• a Lel . 2 7 I L , 4 - -, - -_____ li ,, El I X : it 1 ' 1' ,',f •,, ; Q3- ' a:,., - ;r I z it ' t .--: ,,..*Al ' ;:.; ,..2 E ---------:1; 'i&r 1 01 ., 0 ar 4t— . ..' r 4 17 " .,.•i i : -—---' 1 : 1 , I. —------------- • ,.- 4 2 I , . 1 i ' /8 I . , m. : _ _ ' ', ,; 4 .‘ ,s tE i . ' Ly 4 e , ,.. !ig- 4 R C/— . •ne 'J ta li. 1 . --.-- ,.,., •- , 1 : ' ,i ei 0.,, I . : 'c's • -, i I . _P__, •!-Tirfl ii 4 'Vic 1," g --,•______ ._ _--------: 4 41(. , I . I ' II I , . ''. 7,,, .. ,...,„ ."• it% '-.•• C':..,- i , 1 _____ ,f : ----, 1 1 -,-. in 1 j ' .1 II 4 CI Z ..._ - 'I 15 il 1, 4 ifj 11' i ' ,i , , I . '., v- , \ i \ tr. , . , fil .. , '- ' ..T., .1 1 z<4.• / , 1 4'. I i ,i, ... .... .., i. ,. dr,* 4614- . / ""/ /.., ,-- .,,,,,=--.,......,„.....,...,- Page 6 of 12 EXHIBIT 3.3 BUILDING ELEVATIONS '�y , Z9Z9L X1'eq l3 AXd061 •414 XS 003E ...r •" ; -- -M ����;;� _i I lies smainH ;_ •. .,.�"„1 4 U 0 a14. SNOILV 13H01f331X3 _ R Q r i 1 ZZliff �t0 33 C_ i g� (. sr tt 77 r h1 4{ J' `1 � 4 xi-] 7 r i Ate_ 1'h ..tl'-r. bYl j 1Ft -i a 17 -.1 I 'tH ' (( { t7 b § ! Llpl�by t{`.i t 4YYY 5, p- �.i 7{ r ff f+ e' x { }E-r1t1 +'} k- }h 1 IF1 fi ; f - I, 1 !} fx 7 ff F-F} F I.•- 1 trit 1.-1 t1 1 4 f i�1` itt #.iCi1�A `I - j 77 ,...I,t {F 11 1 tt z r..a } f, I 7 L gg �' 1. I.leu• F w '+' 17 i' I p1, K 1 i l �Iit a Ia.. ' � it j II a 1- L], G: 1� rt., x- jt 1, i.l.. ¢. y• l¢ F11 .. ini .. CO2i I { } �p 9 ...... 1 f•.t if i iit . ult. I it. i -�,'. P' X, i I - I I it . ' o,ii: L IL ,hw is .c' r •\■ i, -z - • --.. I:r r _ w�wrwa. z ' //. + • l--..i.*qi $$$ }fp k i i fir} 1-fifi( 1} i: . L..L1f tit't }tf ~ .-t 1- \ j i t r Rill( :ff 1{ E } F _ SS IF p_ �f j a 1' i _-,I41I iji.--__}r ; / ,9-.9£ Ij 1-,I---F 1 111 Z_,} _ q vl l - i. Page 7 of 12 EXHIBIT 3.3 BUILDING ELEVATIONS HMI)Y1'M 14dO11 •Ytt HS roar 'u„ ii3 b88 5NIH 1nH T r 4 sNO1LWd13 ao!a31.x3 ; ; q p ,f-,v 0-�4 °I `_-._ _ min 4t t: I - ---t ' -ii -. ' - fit --- f�, ( I 'r '`r 4Sr.ii } Sai ff ..t I {j'b�i . 1�r} sou �.-, 1 j' `� 1 t-i 1 - #r ft fir, li r-�} fff�p Ir> i t 1 ., 4 , ' .- Z y?. ._ fi` _-"` F -� _ = S — "' --- a fL �� y i') , ,,...:... _ .i2-. .. ._. ,_L_ ' -1_, _ I -„ ce i ;ltk r - w. ( 1- x w- CO ; - I LI"' - IL i- 11- = C = __ �� m, _ I..ram r I •# r I lZ� _ .. Y" �� I n 31.22 9i 3 / ' I. I -- II. , Page 8 of 12 EXHIBIT 3.8 PARKNG PLAN „z„ ,linlo A1441111i .111t12 Slit g ' ' 1;), 1: 1 088 SNIH0.1.1111 NVIdOMNLVd iNaav at i ! g g .-,-aihr- 0,-. ii , 1 I guppy . .,... 4 hot aft• -4., ,_z.I ;.r,b 1 , -',- s ' ,.., , ' •,„, . , i, .'' ', lvi eil - El" I d i; % -,;,r. '''s ,.. . [ 44' ,,..1 1., ,* ..,.. *'.r. • . ak il " iii "..* 44' - 0 1\... ••,4 il. :' '--- '''',-, t..." , _ _., i , .f ,. • .. .. 7 v:,,s.. - ,„,! .' .,-.-- ...•,y-- , -- -,---- I-, --i,,,,,-.1zg..-t,„,„,,,,„ „51,,, ;le lir ..y,,:•• ,,,,w F. i # l• 'I:4o- c.. . iii - '.--1Z.1., ,„., /"' '''''' .' '"':.• A7 . 0 ' (4—.PP' ' ",,,t;,,i_t',k, P - • ' ' :.,-• -.-„,. ... -. /) ..... ' '''.474ii ..0114(1C ,? ,, 4 41-.,L, (,.„if,_ ''''' 1 S —4:kt'";,•.- ' ,,,,,. *..-t s_3„, l'''' ,,,*4"....' '' --:- „ 4 3 A*/ /, -.''''' ' .'"T/ 1.-<: ,,'' , .?-vr-it 4,, .,:,;'' ilp144,44,44,,,s444. ..,(1.'/ _.,'''. i % '., ` i r: .....:-/ .69 ',.- ' .7-.t.,4 PN',, ,o ''''-::: r— i c;'-' !ft•-, ,.:,:' - • •42' •*i ,,a4- •-7-:`. ,• t "t 'I/ \444;,',i aiS' :-.•_, 'c. , •, •' , ,*„ „e„,0* -,---...„.„ , 1. >r , ,_•_- •.- / ,, _ • •_z.,4,,,, — 4, Ai*/ , • / ,,,, / '-' I- ( = -'t , / . . EXI-111`,::ilr :', Page 9 of 12 PARKING LICENSE AGREEMENT PARKING LICENSE AGREEMENT This PARKING LICENSE AGREEMENT is by and between Sf1/2 Di►T N/ /�/4x, L_L- .. ("Holiday Inn—Trophy Club") and HUTCIIINS NATIONAL,LLC( Hutchins")and is effective as of the last of the dates set forth below(the"Effective Date"). Whereas,Hutchins operates a restaurant known as"The Original Roy Hutchins BBQ"at 3000 TX-114,Trophy Club,Texas 76262(the"Restaurant"),and will be constructing a patio add-on and other associated improvements(the"Improvements")to the premises where the Restaurant is operated during the upcoming months;and Whereas,as a result of the construction of such Improvements,the Restaurant will have need to accommodate the parking of additional vehicles;and Whereas,due to the increased need for parking at such premises due to the construction of the Improvements,the Town of Trophy Club is requiring that Hutchins provide an additional 12 parking spaces;and Whereas,Holiday Inn—Trophy Club operates a Holiday Inn hotel across the street from the Restaurant at 725 Plaza Dr.,Trophy Club,TX 76262(the"Hotel Property");and Whereas,Hutchins is interested in acquiring a license to use 12 parking spaces on the Hotel Property for the additional employees,customers,vendors,and construction workers who will be working at or patronizing the Restaurant as a result of the construction of the Improvements;and Whereas,on the conditions and subject to the terms set forth herein,Holiday Inn— Trophy Club is willing to grant a irrevocable license to the Hutchins to use for the term of this Agreement 12 parking spaces on the Hotel Property for vehicular parking. Now,therefore,for and in consideration of the covenants and obligations set forth below, Hutchins and Holiday Inn—Trophy Club agree as follows: I. Subject to the Hutchin's faithful adherence to the terms and conditions of this Agreement,Holiday Inn—Trophy Club grants to Hutchins a irrevocable license(the"License") to use any 12 parking spaces on the Hotel Property for vehicular parking with the Restaurant. This License shall begin on the Effective Date and shall continue for a term of 230 months(the "Term"). 2. The fee for the License shall be S-2S per calendar month and shall be due on or before the 15'day of each calendar month beginning with the first full calendar month after the Effective Date. If the Effective Date is on a day other than the 1"of any month,then the first month's License fee shall be prorated. If the License terminates on any day other than the last day of any month,then the last month's License fee shall also be prorated. Parking License Agreement Page 1 of 2 EXHIBIT 3.8 Page 10 of 12 PARKING LICENSE AGREEMENT 3. Hutchins shall be responsible for complying with all of the Town's rules, regulations and ordinances with regard to parking. Holiday Inn—Trophy Club shall be responsible for maintaining the parking spaces and entrances into the parking spaces in good condition. 4. Hutchins may terminate this Agreement early at any time by providing Holiday Inn—Trophy Club 12 month's advanced written notice of such termination to the address below. 5. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained herein. The prevailing party in any legal proceeding brought in relation to this Agreement or transaction shall be entitled to recover from the non prevailing party's court costs,reasonable attorneys' fees and all other reasonable litigation expenses. This Agreement embodies the totality of all agreements between Holiday Inn—Trophy Club and Hutchins with regard to the subject matter hereof and there are no other agreements,written or oral,that modify,amend or supersede those contained herein. [the remainder of this page is intentionally left blank;signature page to follow] Parking License Agreement Page 2 of 2 EXHIBIT 3.8 Page 11 of 12 PARKING LICENSE AGREEMENT This Agreement is executed and made effective as of the Effective Date by the parties hereto. HOLIDAY INN—TROPHY CLUB: By: Print: 1 ,, A-5 PAC Title: iY 7✓fcE-2 Date: fe I I Bdal Address for Notices: '�4S"' `L Z4 CV, 9/0H7 CLUB HUTCHINS: HUTCHINS NATIONAL,LLC By: Print:Wes Hutchins Title:Manager Date: g/i/jay Address for Notices: .;ap! 7 '—//V I riPAY Old / )( 7/2e Parking License Agreement Page 3of2 Page 12 of 12