ORD 2003-03 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003 — 03 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCE NO. 2002-21 P&Z, WHICH AMENDED ORDINANCE 2001-25 P&Z,
THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO. 96-09 OF
THE TOWN AND ADOPTING NEW PROVISIONS FOR PD PLANNED
DEVELOPMENT NO. 161 A CERTAIN TRACT OF LAND DESCRIBED AS A
23.5361. ACRE TRACT OF LAND AND GENERALLY KNOWN AS THE KNOLL;
ADOPTING PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT
STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, BY
CHANGING PARAGRAPH M, UTILITIES, IN ITS ENTIRETY, TO ALTER THE
REGULATIONS FOR THE LOCATION AND SCREENING OF ELECTRIC
TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL
ZONING MAP OF THE TOWN; 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 A CUMULATIVE 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 A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; 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;
WHEREAS, on May 20, 2002, the Town adopted Ordinance No. 2002-21 P&Z, which
amended ordinance 2001-25 P&Z, the same being an ordinance repealing Ordinance No. 96-09
of the Town, and adopted new provisions for PD Planned Development No. 16, a certain tract of
land described as a 23.5361 acre tract of land and generally known as The Knoll which amended
Comprehensive Zoning Ordinance No. 2000-06 P&Z of the Town and amended the official
zoning map of the Town by changing the zoning on that certain tract of land generally known as
The Knoll from its zoning of R-15 Single Family Residential to PD Planned Development No.
16 for Single Family Residential uses;
WHEREAS, the Town has received a request by the Owner of The Knoll for an
additional amendment to PD Planned Development No. 16 to revise Subsection "M" entitled
"Utilities" of Exhibit "C" to adopt new provisions for the location and screening of electric
transformers and if the requested revision is approved by the Planning and Zoning Commission
and Town Council, Ordinance No. 2002-21 P&Z would be repealed in its entirety;
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted by the Planning and Zoning Commission, and after considering the
information submitted at those public hearings and all other relevant information and materials,
the Commission has recommended to the Town Council the repeal of Ordinance No. 2002-21
P&Z in its entirety and the adoption of the proposed amendments to Ordinance No. 2001-25
P&Z adopting PD Planned Development No. 16 and amending Comprehensive Zoning
Ordinance No. 2000-06 P&Z as set forth in this Ordinance;
WHEREAS, the Town Council, at a public hearing had an opportunity to consider the
following factors in making a determination as to whether the requested changes should be
granted or denied: effect on the congestion in the streets, safety of the motoring public and the
pedestrians using the facilities in the area immediately surrounding the land, noise producing
elements and glare of vehicular and stationary lights and effect of such lights on the established
character of the neighborhood, the fire hazards and other dangers possibly present and the
securing of safety from the same, lighting and type of signs and the relation of signs to traffic
control and adjacent property, street size and adequacy of width for traffic reasonably expected
to be generated for proposed uses around the land and in the immediate neighborhoods, the effect
on the promotion of health and the general welfare, effect on adequate light and air, and the
effect on transportation, water, sewerage, schools, parks and other public facilities;
WHEREAS, the Town Council further considered among other things the character of
the districts, with a view of conserving the value of buildings and encouraging the most
appropriate use of land in the Town, and does hereby find that the proposed amendment set forth
herein accomplishes such objectives;
WHEREAS, the Town Council finds that the repeal and amendment of the provisions of
PD Planned Development No. 16 granted herein is consistent with the Town's Comprehensive
Land Use Plan and other applicable ordinances; 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 of Trophy Club, Texas, and of the public health, safety, and welfare.
SECTION 1.
INCORPORATION OF PREARSES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
REPEAL AND ADOPTION
Ordinance No. 2002-21, an amendment to PD Planned Development No. 16 Ordinance
No. 2001-25 P&Z, is hereby repealed in its entirety, and new provisions are adopted to amend
Ordinance No. 2001-25 P&Z creating PD Planned Development No. 16 which amended
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's
Comprehensive Zoning Ordinance, in the following particulars, and all other articles, chapters,
-2-
sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed:
A. The zoning of the land, being a 23.5361 acre tract of land described in
Exhibit "C", attached hereto and incorporated herein, zoned as PD Planned
Development No. 16 for Single Family Residential uses under the Town's current
Comprehensive Zoning Ordinance No. 2000-06 P&Z, is hereby changed to adopt new
provisions for PD Planned Development No. 16 in accordance with the requirements
of this Ordinance, all applicable parts of Comprehensive Zoning Ordinance No. 2000-
06 P&Z, and all other applicable ordinances, rules and regulations of the Town. Such
new provisions are set forth in Exhibits "C", which is attached hereto and
incorporated herein for all purposes.
M. UTILITIES: All utilities shall be underground. Electric transformers
shall be pad mounted and located no less than twelve feet (12') nor
more than sixteen feet (16') behind the curb and within existing ten
foot (10') utility easements located along the front lot line or in any
location shown on an approved subdivision plat consistent with
applicable ordinances. Screening shall consist of landscaping and
shall screen the transformers from the view of the right-of-way at a
height and density sufficient to screen the view at the initial time of
planting or construction. The owner/developer shall maintain the
landscaping. Any dead landscaping material shall be removed and
replaced within forty-five (45) days. Any plant material removed for
any purpose shall be replaced within forty-five (45) days.
SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning Map of the Town all new provisions adopted herein.
SECTION 4.
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; provided however, that Ordinance No. 2002-21 P&Z is
hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to Ordinance No. 2002-21 P&Z on the
date of adoption of this Ordinance shall continue to be governed by the provisions of such
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
-3-
SECTION 5.
SAYINGS
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 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 6.
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 7.
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, in an amount not to exceed 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 8.
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 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty Clause and Effective Date Clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the
Ordinance records of the Town.
-4-
SECTION 10.
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 the Town of Trophy Club, Texas,
this the 3rd day of March 2003.
ATTE
Town Secretary
Town of Trophy Club, Texas
[SEAL]
'o
APPROVED AS TO FORM:
Town Attorney �`�{ '' 4
Town of Trophy Club, Texas ;y ...yw
-5-