Loading...
ORD 2003-26 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003 — 26 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-09 P&Z ESTABLISHING PD PLANNED DEVELOPMENT NO. 22 FOR SINGLE FAMILY RESIDENTIAL, BY AMENDING ORDINANCE NO. 2000-09 P&Z TO REDEFINE THE BOUNDARIES OF PD PLANNED DEVELOPMENT NO. 22 BY REMOVING AN APPROXIMATE 10.897 ACRE TRACT OF LAND FROM PD PLANNED DEVELOPMENT NO. 22, SUCH 10.897 ACRE TRACT BEING LOCATED NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; BY LEAVING THE REMAINING 64.04 ACRE TRACT OF LAND ORIGINALLY REZONED THROUGH THE ENACTMENT OF ORDINANCE NO. 2000-09 P&Z AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, WITHIN PD PLANNED DEVELOPMENT NO. 22, WATERS EDGE AT HOGAN'S GLEN; BY AMENDING THE ZONING MAP TO REFLECT THE PD PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT FOR THE 64.04 ACRE TRACT OF LAND FOR SINGLE FAMILY RESIDENTIAL; PROVIDING THAT ALL OTHER TERMS AND REQUIREMENTS OF PD PLANNED DEVELOPMENT NO. 22 CONTAINED WITHIN ORDINANCE NO. 2000-09 P&Z SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE APPLICABLE TO THE 64.04 ACRE TRACT OF LAND ZONED PD PLANNED DEVELOPMENT NO. 22 AND REMAINING WITHIN PD PLANNED DEVELOPMENT NO. 22; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH ALL OTHER REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN NOT IN CONFLICT WITH THIS ORDINANCE OR ORDINANCE NO. 2000-09 P&Z; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A PUBLICATION CLAUSE; 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, the owner of the tract of land (the "Land"), described as a 10.897 acre tract of land currently zoned PD Planned Development No. 22 (PD -22), said tract being more specifically described in Exhibit "A" attached hereto and incorporated herein, filed an Page 1 of 5 application with the Town Planning and Zoning Commission requesting to redefine the boundaries of PD -22 by removing an approximate 10.897 acre tract of land from PD -22; 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 No. 2000-06 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, 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. 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. AMENDMENT Ordinance No. 2000-09 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD Planned Development No. 22 and an amendment to Comprehensive Zoning Ordinance 2000-06 P&Z of the Town, is hereby amended by replacing in their entirety the Location Map and Exhibit's "A", "B", "C", "D", "E" and "G" adopted by Ordinance No. 2000- 09 P&Z and to adopt new provisions for the Location Map and Exhibits "A", "B", "C", "D", "E" and "G", attached hereto and incorporated herein, and furthermore is hereby changed to redefine Page 2 of 5 the boundaries of PD -22 to reflect approximately 64.04 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. All other terms and requirements of PD Planned Development No. 22 contained within Ordinance No. 2000-09 P&Z shall remain in full force an effect and shall be applicable to the 64.04 acres remaining within PD Planned Development No. 22, providing that such tract of land shall be used in accordance with all other requirements of the Comprehensive Zoning Ordinance and all other applicable ordinances of the Town. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this ordinance, the written text shall control. A. Location Maty. The location map for the Land, and all parts thereof, is attached hereto as "Location Map" and incorporated herein as if copied in its entirety. Such location map shall reflect the redefined boundaries of PD -22. B. Exhibit "A", Property Description. A Property description for the Land, and all parts thereof, is attached hereto as Exhibit "A", "Property Description" and incorporated herein as if copied in its entirety. Such Property Description shall reflect the accurate boundaries of the development. C. Exhibit "C", Development Standards and Single Family, Housing Regulations. The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a general purpose; non specified regulations; uses, as specified for; accessory uses and limitation of uses; building permit requirements; height regulations; area regulations; garages; construction regulations; driveways and walkways; special paving; fences/walls/retaining walls; common areas; landscaping; pathway plan; utilities; signs; private streets and traffic study. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Certificate of Occupancy for all structures within PD Planned Development No. 22. D. Exhibit "D", Pathway Plan. The pathway plan for this PD Planned Development is attached hereto as Exhibit "D", Pathway Plan, and are incorporated herein as if copied in their entirety. E. Exhibit "E", Landscape Plan. The landscape pian for this PD Planned Development is attached hereto as Exhibit "E", "Landscape Plan", and is incorporated herein as if copied in its entirety. P. Exhibit "G". Construction Phasing Schedule. The construction phasing schedule for this PD Planned Development is attached hereto as Exhibit "G", Construction Phasing Schedule", and is incorporated herein as if copied in its entirety. Page 3 of 5 SECTION 4. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION S. 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 6. CUY[ LATIVE 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. SECTION 7. SAVINGS 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 zoning, 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 9. 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 10. 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. Page 4 of 5 SECTION 11. 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 and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective from and after its date of adoption and publication as provided by Iaw, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this I" day of December, 2003. i (Mayor C Town of Trophy Club, Texas Effective Date: DECEMBER 6, 2003 ATTEST: Town Secretary Town of Trophy Cfub, Texas APPROVED TO AS FORM: r aL41 -��.� I i ; L�-;- Town Attorney Town of Trophy Club, Texas Page 5 of 5