ORD 2010-13TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-13 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD
PLANNED DEVELOPMENT NO. 27, THE SAME HAVING
AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING
AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY
ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO
EXHIBIT "B" ENTITLED "DEVELOPMENT STANDARDS",
SECTION III. "DEFINITIONS", AND SECTION IV. "LOT TYPE
REGULATIONS" FOR LOT TYPES 1, 2, 3, AND 4, AS MORE
FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING APPLICABLE REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; 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 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 approved Ordinance No. 2007-15 P&Z
amending Ordinance No . 2006-11 P&Z, creating PD Planned Development No.
27 , known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and
WHEREAS, the Developer requests a change to the lot coverage for Lot
Types 1, 2, 3, and 4; 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
Ord . 2010-13 (File ID 2010-241)
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
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 the proposed amendments and considered, among other
things, the impact of the proposed amendments on 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 adoption of the
amendments hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity for
the amendments to Ordinance No . 2007-15 P&Z, and the Town Council has
determined that this Ordinance should be adopted, and that the terms and
provisions specifically set forth in this Ordinance shall amend and replace those
conflicting terms contained in Ordinance No. 2007-15 P&Z and prior
amendments thereto, and the remainder of the terms of Ordinance No . 2007-15
P&Z and all prior amendments thereto not in conflict with this Ordinance shall
continue in effect ;
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.
AMENDMENTS
2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club , Texas, the
same being the Town's PO No . 27, Exhibit "8 " entitled "Development Standards ,"
Section III. entitled DEFINITIONS is hereby amended as follows to add a
definition for "Open Air Structures" to be placed in alphabetical order as part of
the existing list of definitions with all other definitions remaining the same . Such
definition shall be and read in its entirety as follows:
III. DEFINITIONS
Open Air Structure : An accessory structure made of wood or masonry
construction , detached from and incidental to the principal building. This
structure is open on the sides and mayor may not provide shading. This
Ord . 2010-13 (File ID 2010 -241) 2
includes structures such as, but not necessarily limited to, cabanas, pergolas,
arbors, gazebos, pavilions.
2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PD No. 27, Exhibit "8" entitled "Development Standards,"
Section IV. entitled LOT TYPE REGULATIONS, Section A entitled "Lot Type 1,"
Subsection 5 entitled "Area Regulations" shall be amended so that the second
paragraph of Subsection (A)(5) entitled "Lot Coverage," shall be and read in its
entirety as follows and the remainder of the subsection shall remain the same:
Lot Coverage: The combined area covered by all main buildings and
accessory structures shall not exceed thirty-five percent
(35%) of the total lot area. Swimming pools and spas shall
not be included in determining maximum building coverage.
An Open Air Structure as defined in Section III above may
be allowed up to an additional three percent (3%) lot
coverage.
2.03 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PD No. 27, Exhibit "8" entitled "Development Standards,"
Section IV. entitled LOT TYPE REGULATIONS, Section 8 entitled "Lot Type 2,"
Subsection 5 entitled "Area Regulations" shall be amended so that the second
paragraph of Subsection (8)(5) entitled "Lot Coverage," shall be amended to add
a sentence to the end of the paragraph and the remainder of the subsection shall
remain the same:
Lot Coverage: The combined area covered by all main buildings and
accessory structures shall not exceed thirty-five percent
(35%) of the total lot area. Swimming pools and spas shall
not be included in determining maximum building coverage.
An Open Air Structure as defined in Section III above may
be allowed up to an additional three percent (3%) lot
coverage.
Additional Regulations for Neighborhoods 3 & 4: ...
2.04 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PD No. 27, Exhibit "8" entitled "Development Standards,"
Section IV. entitled LOT TYPE REGULATIONS, Section C entitled "Lot Type 3,"
Subsection 5 entitled "Area Regulations" shall be amended so that the second
paragraph of Subsection (C)(5) entitled "Lot Coverage," shall be and read in its
entirety as follows and the remainder of the subsection shall remain the same:
Ord. 2010-13 (File 102010-241) 3
Lot Coverage: The combined area covered by all main buildings and
accessory structures shall not exceed forty percent (40%) of
the total lot area. Swimming pools and spas shall not be
included in determining maximum building coverage. An
Open Air Structure as defined in Section III above may be
allowed up to an additional three percent (3%) lot coverage.
2.05 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PO No. 27, Exhibit "8" entitled "Development Standards,"
Section IV. entitled LOT TYPE REGULATIONS, Section 0 entitled "Lot Type 4,"
Subsection 5 entitled "Area Regulations" shall be amended so that the second
paragraph of Subsection (0)(5) entitled "Lot Coverage," shall be and read in its
entirety as follows and the remainder of the subsection shall remain the same:
Lot Coverage: The combined area covered by all main buildings and
accessory structures shall not exceed forty percent (40%) of
the total lot area. Swimming pools and spas shall not be
included in determining maximum building coverage. An
Open Air Structure as defined in Section III above may be
allowed up to an additional three percent (3%) lot coverage.
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 REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the PO No. 27 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
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Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 5.
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 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 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 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.
SECTION 7.
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.
SECTION 8.
ENGROSSMENT AND 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.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption
and publication as provided by law.
Ord. 2010-13 (File 102010-241) 5
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club , Texas, this 17th day of May, 2010 .
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Ord 2010-13 (File 102010-241) 6