ORD 2002-28 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-28 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ARTICLE 2, SECTION 10, "DEFINITIONS" TO ADD A
DEFINITION FOR AN EXTENDED 72 HOUR MAXIMUM STAY
SURGERY CENTER, AND BY AMENDING ARTICLE 2, SECTION 13,
"USE TABLE", SUBSECTION "E" "PROFESSIONAL" TO INCLUDE
EXTENDED 72 HOUR MAXIMUM STAY SURGERY CENTERS;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER 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; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has received a request to allow an extended 72 hour maximum
stay surgery center within the Town; and
WHEREAS, the Town's zoning ordinance does not currently designate an appropriate
area for such use, nor provide a definition for that use; and
WHEREAS, the Town's Planning and Zoning Commission has reviewed the proposed
definition and has made a determination regarding the definition and the appropriate location for
extended 72 hour maximum stay surgery centers; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came on before the Planning and
Zoning Commission and Town Council; 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 the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, the Town Council considered, among ether things, the character of the
requested use and its appropriateness within the Town and has determined that such use is
appropriate for a Professional Use and is consistent with the Town's Comprehensive Land Use
Plan; and
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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; and
WHEREAS, the Town Council has determined that there is a necessity to amend the
Town's Zoning Ordinance to provide for extended 72 hour maximum stay surgery centers.
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. 2000-06 P&Z of the Town of Trophy Club, Texas, the sante being the
Town's Comprehensive Zoning Ordinance, 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:
Article 2, Section 10, "Definitions" is amended to add the following:
Extended 72 Hour Maximum Stay Surgery Center shall mean any facility that
operates primarily to provide outpatient based diagnostic treatment and
medical/surgical intervention to patients and patrons requiring medical treatment
with provisions for extended, monitored recovery beyond twenty-four hours. Such
facilities may include provisions for extended recovery and medical monitoring
for elective surgical procedures and elective medical intervention. The extended
stay facility will meet the environment of care for an institutional medical/surgical
facility. The facility focus shall primarily address low to medium acuity cases as a
component of primary care and elective care.
Due to the primary and elective medical focus, the extended 72 hour maximum
stay facility shall not include emergency care beyond the limits of first aid.
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treatment. Additionally, the extended stay facility shall not allow helipads or
heliports associated with traditional medical facilities where emergency treatment
is primary.
Article 2, Section 13 — Use Table is amended to add the following:
SECTION 4.
PURPOSE
The amendment to zoning herein made has been made in accordance with the
Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of
the community, and with consideration of the reasonable suitability for the particular use and
with a view of conserving the value of the buildings and encouraging the most appropriate use of
land within the community.
SECTION 5.
CUMULATIVE REPEALER
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. 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 such other
Ordinances 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.
SECTION 6.
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.
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SECTION 7.
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 S.
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 9.
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 10.
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 11.
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 Council of the Town of Trophy Club, Texas,
this 19th day of August, 2002.
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ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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