ORD 2007-11TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-11 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTE R 13 OF THE CODE OF ORDINANCES OF
THE TOWN OF TROPHY CLUB, AND AMENDING THE
OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN
APPROXIMATE 54.86 ACRE TRACT OF LAND CURRE NTLY
ZONED MII — MANUFACTURED HOUSING, AND AN
APPROXIMATE 37.38 ACRE TRACT OF LAND CURRENTLY
ZONED R-12 SINGLE FAMILY RESIDENTIAL, TO PD PLANNED
DEVELOPMENT NO. 28, TO BE KNOWN AS NORTHWEST
HIGH SCHOOL NO. 2; PROVIDING FOR EXHIBIT "A", LEGAL
DESCRIPTION"; PROVIDING FOR EXHIBIT "B"9 "ZONING
EXHIBIT", PROVIDING FOR EXHIBIT "C". "DEVE LOPMENT
STANDARDS", AND PRESCRIBING A PURPOSE, INCLUDING
SIZE OF TRACT, USES GENERALLY, PERMITTED USES,
LIMITATION OF USES, AREA BUILDING AND SITE
REGULATIONS, ADDITIONAL DEVELOPMENT STANDARDS,
LANDSCAPING, FIRE LANE S, FINAL SITE PLAN, AND
AMENDMENTS TO SITE PLAN; PROVIDING THAT SUCH
TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE ZONING CODE AND ALL
OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHAI L REFLECT THE
PD ZONING FOR SUCH 92.24 ACRE TRACT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; 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; 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;
WHERE AS, the owner of the tracts of land, collectively described as a 92.24
acre tract of land, of which approximately 54.86 acres are zoned MH — Manufactured
Housing, and approximately 37.38 are zoned R-12 Singe Family Residential, and such
land being further described in Exhibit "A", attached hereto and incorporated herein, (the
"LanT'), filed an application with the Town's Planning and Zoning Commission
requesting a change in zoning of tile Land into PD Planned Development No. 28,
Northwest High School No. 2 with high school and associated auxiliary uses including
but not limited to athletic fields and a stadium. consisting of approximately 92.24 acres of
land. Such application further requested an amendment to the official Zoning District
Map of the Town in accordance with Chapter 13 of the Town's Code of Ordinances; 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 as set forth in this Ordinance; and
WHERE, AS, 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;
NOW, THE REFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
TIIE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PRENUSES
That 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
best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare.
SECTION 3.
REZONING
The Zoning Ordinance for the Town, codified in Chapter 13 of the Code of Ordinances of
the Town of Trophy Club, 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 of the land, being a 92.24 acre tract of land described in
Exhibit "A", attached hereto and incorporated herein, is hereby changed to
adopt provisions for Pl) Planned Development No. 28 in accordance with
the requirements of this Ordinance, all applicable parts of Chapter 13, the
Zoning Code, and all other applicable ordinances, rules and regulations of
the Town. Such new provisions are set forth in Exhibit "A" entitled
"Legal Description", Exhibit "B" entitled "Zoning Exhibit", and Exhibit
"C" entitled "Development Standards" which are attached hereto and
incorporated herein for all purposes.
PD Development Standards. Development Standards for the
planned development of the Land, and all parts thereof, is attached
hereto as Exhibit "C" and incorporated herein as if copied in its
entirety. Such Development Standards 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
Development Standards shall constitute a condition precedent to
the issuance of any building permit for the Land in this Planned
Development District.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting PD-
28, Northwest High School No. 2 and shall not repeal any of the provisions of such
ordinances except in those instances where 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 4.
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 the Ordinance, and the Town Council hereby declares it would
have passed such remaining of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLME NT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance as set forth in the home rule Charter of the Town and by filing this
Ordinance in the Ordinance records of the Town.
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 of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of tile Town of Trophy Club,
Texas, this the '� day of �do!-o,t, 2007.
Mayor
Town ofTrophy Club, Texas
ATTEST:
C
Town Secietar
y
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
lRa(b60dat,—�,-.
Town Attorney
Town of Trophy Club, Texas
PLANNED DEVELOPMENT
Vt TISTRICT
HIGH SCHOOL NO.2
TROPHY CLUB, TEXAS
Contents
Exhibit "A" ------------------------------------------------------------------------------- Legal Description
Exhibit "B" --------------------------------------------------------------------------------- Zoninp- Exhibit
Exhibit "C -------------------------- Standards
EXHIBIT "A"
LEGAL DESCRIPTION
Being 92.655 acres of land located in the T. Calaway Survey, Abstract No. 272, the T.
Kelly Survey, Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton
County, Texas, being the tract of land described in the deeds to Northwest Independent
School District (Northwest Independent School District "NWISID"), recorded in Instrument
Nos. 2004-52882, 2005-56133, and 2005-56134, Deed Records, Denton County, Texas.
Said 92-655 acres of land being more particularly described as follows:
BEGINNING at a 1/2" iron rod stamped "McCullah" found at the most Westerly
Northwest corner of said NWISD tract recorded in Instrument No. 2004-52882, being the
Northeast corner of Lot 22, Block L, Green Acre Estates, 2nd Section, an addition to
Denton County, Texas, according to the plat recorded in Volume B, Page 250, Plat
Records, Denton County, Texas;
THENCE N89032'20"E, along the most Westerly North line of said NWISD tract recorded
in Instrument No. 2004-52882 a distance of 363.50 feet to a 60d nail found at the
Northwest corner of the Save and Except Tract 1 as described in the deed to NWISD in
said Instrument No. 2004-52882;
THENCE S00027'22"E, along the West line of said Save and Except Tract 1, at a
distance of 255.57 feet passing the Southwest corner of said Save and Except Tract 1,
also being the most Westerly Northwest corner of a tract of land described in the deed to
C Oil Investments, LTD. recorded in Instrument No. 2005-56135, Deed Records, Denton
County, Texas, in all a total distance of 295.57 feet to a 1/2" iron rod stamped "Beasley
RPLS 4050" set at the Southwest corner of said C Oil Investments, LTD tract;
THENCE along the South, East, and North lines of said C Oil Investments, LTD tract the
following courses and distances:
1. N89033'02"E, a distance of 410.61 feet to a 1/2" iron rod stamped "Beasley RPLS
4050" set;
2. NOO'26'58"W, a distance of 295.62 feet to a 1/2" iron rod stamped "Beasley
RPLS 4050" set;
3. S89033'06'VV, a distance of 155.00 feet to a 3/8" iron pipe found at the Northwest
corner of said C Oil Investments tract, the Northeast corner of said Save and
Except Tract 1, and the Southeast corner of a tract of land described in the deed
to Hunter Ferrell Properties, Inc recorded in Instrument No. 94-75154, Deed
Records, Denton County, Texas;
THENCE N0001537"W, along the most Northerly West line of said NWISD tract
described in Instrument No. 2004-52882, a distance of 157.16 feet to a 112" iron rod set
at the Southwest corner of a tract of land described in the deed to C Oil Investments,
LTD. recorded in Instrument No. 2003-205035, Deed Records, Denton County, Texas-,
THENCE along the South, East, and North line of said C Oil Investments, LTD. tract
described in Instrument No. 2003-205035 the following courses and distances:
1 . N65'51'14"E, a distance of 293.82 feet to a 60d nail found;
2. N43'22'38"E, a distance of 110.89 feet to a 60d nail found;
3. N45o01'33"W, a distance of 298.00 feet to a 60d nail found;
4. S89'29'25"W, a distance of 135.33 feet to a 60d nail found in the most Northerly
West line of said NWISD tract described in Instrument No. 2004-52882;
THENCE N00015'37'VV, along the most Northerly West line of said NWISD tract
described in Instrument No. 2004-52882, at a distance of 192.98 feet passing a point
from which a 518" iron rod stamped "Carter & Burgess" bears S89'44'23"W a distance of
0.97 feet for the Northeast corner of said Hunter Ferrell Properties, Inc tract and the
Southeast corner of a tract of land described in the deed to Star of Texas Energy
Services, Inc recorded in Instrument No. 2004-148911, Deed Records, Denton County,
Texas, in all 347.21' to a U.S. Army Corps of Engineers (Corps of Engineers "COE")
Monument No. 540-1 found at the most Northerly Northwest corner of said NWISD tract
described in Instrument No. 2004-52882;
THENCE along the North and East lines of said NWISD tract described in Instrument
No. 2004-52882 the following courses and distances:
1. S42'22'19"E, a distance of 408.77 feet to a COE Monument No. 540-2 found;
2. S44'1 7'30"E, a distance of 777.59 feet to a COE Monument No- 540-3 found;
3. S58'06'38"W, a distance of 253.93 feet to a COE Monument No. 540-4 found;
4. S61*23'43"E, a distance of 642.65 feet to a 1/2" iron rod stamped "McCullah"
found;
5. S50'12'33"E, a distance of 496.53 feet to a COE Monument No. 540-6 found;
6. S1 5014'49"W, a distance of 150.59 feet to a COE Monument No. 540-7 found;
7. S27'03'58"W, a distance of 402.08 feet to a COE Monument No. 540-8 found;
8. N87'09'06"W, a distance of 157.55 feet to a 1/2" iron rod stamped "Beasley
RPLS 4050" set;
9. S77'19'34"W, a distance of 102.76 feet to a 1/2" iron rod stamped "McCullah"
found-,
10. S41'39'04"W, a distance of 91-39 feet to a 1/2" iron rod stamped "McCullah"
found ;
11. S36017'1 2"W, a distance of 5232 feet to a 1/2" iron rod stamped "McCullah"
found;
12. S40050'39"W, a distance of 95.59 feet to a 1/2" iron rod stamped "McCullah"
found;
13. S08039'42"W, a distance of 429.68 feet to a 1/2" iron rod stamped "McCullah"
found;
14. S04012'41"W, a distance of 306.41 feet to a 1/2" iron rod stamped "McCullah"
found;
15. S13'00'52"W, a distance of 96.30 feet to a 1/2" iron rod stamped "McCullah"
found;
16. S19-36'46"W, a distance of 103.70 feet to a 1/2" iron rod stamped "McCullah"
found;
17. S10'23'52'VV, a distance of 125.46 feet to a pk set in Marshall Creek Road for
the Southeast corner of said NWISD tract described in Instrument No. 2004-
52882;
THENCE with the South line of said NWISD tract described in Instrument No. 2004-
52882 and along a line in Marshall Creek Road the following courses and distances:
1. Westerly, 138.46 feet along a non tangent curve to the left, having a radius of
1,031.76 feet, a central angle of 07'41'21" and a chord bearing N73'38'58"W,
138.36 feet to a pk set;
2. N77'29'39"W, a distance of 909.47 feet to a pk set at the beginning of a non
tangent curve;
3. Westerly, 350.07 feet along a non tangent curve to the left, having a radius of
2,020.05 feet, a central angle of 09'55'45" and a chord bearing N85'28'47"W,
349.63 feet to an X found for the Southwest corner of said NWISD tract described
in Instrument No. 2004-52882;
THENCE N00006'55"E, along the most Westerly West line of said NWISD tract
described in Instrument No- 2004-52882, at a distance of 31.69 feet passing a 3/8" iron
rod found at the Southeast corner of Lot 1, Block L, Green Acre Estates, an Addition to
Denton County, Texas, according to the plat recorded in Volume 6, Page 6, Plat
Records, Denton County, Texas, in all a distance of 1,426.57 feet to a 3/8" iron rod
found at the Northeast corner of Lot 14, Block L, of said Green Acre Estates, also being
the Southeast corner of Lot 15, Block L, of said Green Acre Estates, 2nd Section;
THENCE N00015'50"E, along the East line of said Green Acre Estates, 2nd Section, a
distance of 754-75 feet to the point of beginning, containing 92.655 acres of land.
The bearings recited hereon are oriented to NAD 83, Texas North Central Zone.
x.11.
� I �" 1.
O(D
PO
---------------
P-9
Ai
g
CO.
-Al 1
EXIMIT 66C�
DEVELOPNMNT STANDARDS
DEVELOPMIENT STANDARDS
NISD HIGH SCHOOL NO. 2
TROPHY CLUB, TEXAS
The development of the Land described in Exhibit "A" — Legal Description (a copy of
which is attached hereto and incorporated herein) (hereinafter "Tract I") consisting of
approximately 92.24 acres of land shall be in accordance with Exhibit "B" — Zoning
Exhibit of the development (a copy of which is attached hereto and incorporated herein),
all other Exhibits attached to or incorporated herein, the Zoning Code, all other
applicable codes and regulations of the Town of Trophy Club, and the following
Development Standards, conditions and requirements:
A. Purpose: This Planned Development is designed to accommodate a high school
and other appurtenant uses as applicable with a high school site. For development
purposes, the land is one contiguous tract. The use and development of the tract
shall be in accordance with the Code of Ordinances of the Town, Article TV,
Section 4.14 NS — Neighborhood Service District Regulations with the following
exceptions:
1. Size of Tract:
Tract I shall contain approximately 92.24 acres of land
2. 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 Permitted Uses:
3. Permitted Uses:
(a) Tract I shall allow all uses indicated in the following Use List.
Athletic Fields, Stadium, Auditorium, Gyms
Children's Day Care Center & Kindergarten
Park, Playground, Play lots, Related Facilities
Public Safety Facilities
School
Storage (auxiliary uses for I -IS site)
Tennis, liandball, Racquet Ball Clubs
Bldg for auxiliary uses on ITS site
Equestrian facilities
Private Stable
Recreational
Social, Recreational, Assembly Buildings
Swimming Pool
Utility Facilities, Garage, Storage
4. Limitation of Uses: Except as provided below, any use not expressly
permitted herein or allowed by temporary, conditional or specific use
permit is prohibited:
(a) Sporting Events and any applicable appurtenances shall be granted
as a permanent use.
(b) Educational or informational displays.
(c) A temporary use as defined in the Zoning Code shall not be
permitted or located nearer than one -hundred feet (100') to a
residentially zoned district.
(d) An accessory use as defined in the Zoning Code shall not be
located within any identified easement. In addition, accessory
structures permitted in these districts shall not exceed one story in
height, except for storage/ utility structures which shall not exceed
fifteen feet (15') in height. Utility structures may include lift
stations and other operational utility structures required for full
functionality of a high school.
5. Area Building and Site Regulations7
The building and site regulations will generally follow Chapter 13 of the
Code of Ordinances of the Town, Article IV, Section 4.14 NS —
Neighborhood Service District Regulations, with the exception of those
items listed below:
(a) Building Height: No building or structure shall exceed eighty-five
feet (85') or three (3) stories in height.
(b) Lighting: Prior to the issuance of a building permit for the Land or
any part thereof, an overall lighting plan, accompanying the Final
Site Plan for the Land must be approved by the Town Council
upon recommendation of the Planning & Zoning Commission.
Additionally, written standards shall be approved by the Town
Council upon recommendation of the Planning & Zoning
Commission at a later date, in the form of an amendment to this
Ordinance.
Fencing: Chain link fencing may be used for athletic fields only as
long as it has 100% vinyl coverage. Black vinyl is an acceptable
color. All other colors shafl be approved by the Town Council
upon recomanendation of the Planning & Zoning Commission.
Additional fencing shall meet the requirements of Chapter 13,
Article VII, Section 7.01 of the Town's Code of Ordinances.
(d) Outdoor Storage: No outdoor storage, except for refuse disposal,
shall be permitted on the land. Dumpster locations shall be subject
to the prior approval of the Planning & Zoning Commission, as
indicated on the Final Site Plan. Dumpsters are to be enclosed
on all sides with three (3) masonry waHs and one (1) gate of a
similar architectural style of buildings. Minimum height of the
enclosures shaH be determined by the height of the dumpster.
When possible, landscaping shall provide additional screening for
the enclosure. Operating hours for trash service shall be in
accordance with the Town of Trophy Club standards.
(e) Signage: Illuminated LED and Non -Illuminated permanent
marquee and monument signage will be allowed at drive
approaches, intersections and the front of the building. Prior to the
issuance of a building permit for the Land or any part thereof, an
overall sign plan, accompanying the Final Site Plan for the Land
must be approved by the Town Council upon recommendation of
the Planning & Zoning Commission. Additionally, written
standards shall be approved by the Town Council upon
recommendation of the Planning & Zoning Commission at a later
date, in the form of an amendment to this Ordinance.
(f) Hours of Operation: The hours of operation shall be between 7am
and I 1:00pm for the standard calendar school year and shall be
between 7:00arn and 6:00pm for the summer session.
(g) Mechanical & Electrical Equipment: Mechanical and electrical
equipment, including air conditioning units, shall be designed and
operated to minimize noise impact on surrounding property. All
such Equipment shall be screened from public view. Equipment
screening shall not be considered as a part of building height.
B. Additional Development Standards:
I Landscaping: Landscaping shall be provided as required by applicable
codes, including but not limited to the Zoning Code as amended, and
Chapter 13, Article VIL Section 7.03 Landscaping Regulations, and the
Subdivision Regulations, Chapter 12, Article VIII, except as specifically
provided hereinbelow:
(a) Interior areas of parking lots shall contain planter islands or berms
located so as to best relieve the expanse of paving. Planter islands or
berms must be located no further apart than every twenty-four (24)
parking spaces and at the terminus of all rows of parking. Such
islands or berms shall contain at least one (1) tree. Each tree shall be
a minimum of four (4) caliper inches as measured twelve inches
(12") above Final grade adjacent to the trunk of the tree. The
remainder shall be landscaped with shrubs, lawn and ground. Shrubs
shall be a minimum of three feet (3') in height when measured
immediately after planting, and shall reach three feet (3') in height
within one year of planting. Interior planter islands shall have a
minimurn size of nine feet (T) by eighteen feet (18'),
(i) Perimeter landscape areas shall contain at least one tree for
each fifty (50) linear feet or fraction thereof of perimeter
area. Shrubs shall meet the requirements of (13)(1)(a)
above. Trees shall be planted in non -vehicular open space
to meet the following requirements. Existing trees that are
preserved on a developed site may be credited to the
following requirements:
Percentage of Site in Non -Vehicular Open spaces: 0-100%
Tree Ratio per Non -Vehicular Open Space: 9 trees/ 4,000
sq. ft.
2. Fire Lanes7 Fire lanes will be shown on the Final Site Plan. Location and
details shall be provided at the time of the Final Site Plan submittal and
shall be approved by the Fire Department.
3. Final Site Plan: The Final Site Plan shall be submitted to the Planning &
Zoning Commission and Town Council for approval. Such approval shall
be in the form of an ordinance duly adopted by the Town Council, upon
recommendation from the Planning & Zoning Commission.
Upon approval, the Final Site Plan shall become an amendment to this
Ordinance. In the event of any conflicts between this Ordinance and such
approved Final Site Plan, the Ordinance adopting the Approved Final Site
Plan shall control.
4. Amendments to the Site Plan: Amendments to the Site Plan for items that
axe not determined to be substantial by the Planning & Zoning
Coordinator shall be permitted. The Planning & Zoning Coordinator shall
determine items to be classified as not substantial.
5. Notwithstanding any contrary provision in the Ordinance or any exhibits
hereto, the final approvals listed below must be obtained from the Town
prior to the issuance of any building permits. Such approvals must be
made by an Ordinance amending this Ordinance creating PD-Plarmed
Development No. 28:
(a) Final Site Plan approval, including but not limited to Landscape
Plan and Plant List.
(b) Building Elevations
(c) Sight Line Studies
(d) Photometric Plan and Light Fixture Illustrations
(e) Signage
(f) Retaining Wall and Fencing