ORD 2001-29 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001-29 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 REPEALING
SECTION 46, ENTITLED "TREE PRESERVATION", OF ARTICLE 79
DEVELOPMENT AND DESIGN STANDARDS, IN ITS ENTIRETY; AND
BY AMENDING SECTION 47, ENTITLED "LANDSCAPING
REGULATIONS", BY REVISING PARAGRAPH (2) ENTITLED "TREES"
OF SUBSECTION D "GENERAL STANDARDS"; BY AMENDING
PARAGRAPH (4) ENTITLED "CONTENT OF THE LANDSCAPE PLAN"
OF SUBSECTION G, "REQUIREMENTS FOR RESIDENTIAL
DISTRICTS'; AND BY AMENDING PARAGRAPH (3) ENTITLED
"CONTENT OF LANDSCAPE PLANS" OF SUBSECTION H
"REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES";
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has adopted new Ordinance No. 2001-29 amending Ordinance
No. 2001-21 P&Z governing and regulating the platting and subdivision of land within and
without the Town of Trophy Club, Texas by adding Article 8 adopting regulations for tree
preservation, (hereinafter referred to as the "Tree Ordinance);
WHEREAS, prior to the adoption of the Tree Ordinance, the regulation of trees was
addressed in the following sections of Comprehensive Zoning Ordinance NO. 2000-06 P&Z,
Article 7 entitled Development and Design Standards: Section 46, entitled Tree Preservation;
Section 47, Landscaping Regulations, Subsection (D) Paragraph (2) entitled "Trees"; Section
47, Landscaping Regulations, Subsection (G), Paragraph (4) entitled "Content of the Landscape
Plan" (Requirements for Residential Districts); and Subsection (H), Paragraph (3) entitled
"Content of Landscape Plans" (Requirements for Non -Residential Districts and Uses);
WHEREAS, as a result of the adoption of the Tree Ordinance, Comprehensive Zoning
Ordinance No. 2000-06 P&Z must now be amended to delete Section 46 in its entirety and to
revise Section 47 (D)(2), Section 47(G)(4), and Section 47 (H)(3) as provided more fully
hereinbelow (hereinafter referred to collectively as the "Tree Amendment");
WHEREAS, all legal notices, requirements and conditions having been complied with,
the proposed Tree Amendments were considered by the Planning and Zoning Commission and
Town Council;
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;
WHEREAS, the Town Council considered, among other things, the character of the Iand
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;
WHEREAS, it has been determined to be in the best interest of the Town of Trophy
Club, Texas, that the proposed Tree Amendments to Comprehensive Zoning Ordinance No.
2000-06 P&Z are necessary in order to avoid conflicting provisions within the Town's
ordinances and to provide for one uniform standard to all property being developed within the
Town;
WHEREAS, the Town Council has determined that there is a necessity and need for the
proposed amendments to Ordinance No. 2000-06 P&Z, and that such amendments are consistent
with the Comprehensive Land Use Plan;
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
interest of the Town of Trophy Club, Texas and of the public health, safety and welfare.
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 recommendations 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 interest of the
Town of Trophy Club, Texas, and of the public health, safety and welfare.
Q:ITOWNSECIPending Ordinances\CZ0 2000-0E PZ AivIND REPEA1,iNG 121701.doc ---
SECTION 3.
SECTION 46, "TREE PRESERVATION"
Ordinance No. 2000-06 of the Town of Trophy Club, Texas, the same 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:
Section 46 entitled "Tree Preservation" of Article 7 entitled "Development and
Designs Standards" is hereby repealed in its entirety.
SECTION 4.
SECTION 47, "LANDSCAPING REGULATIONS"
Ordinance No. 2000-06 of the Town of Trophy Club, Texas, the same being the Town's
Comprehensive Zoning Ordinance, is hereby further amended in the following particulars, and all
other articles, chapters, sections, paragrapbs, sentences, phrases and words are not amended but
are hereby ratified and affirmed:
A. Section 47 entitled "Landscaping Regulations" of Article 7, "Development
and Designs Standards", is hereby amended by revising Subsection (D)
entitled "General Standards", Paragraph (2) entitled "Trees" to read as
follows:
"2. Trees. Trees referred to in this Section shall comply with
all applicable regulations and requirements of Article 8 of
the Subdivision Regulations of the Town of Trophy Club,
as amended. If any of the requirements of Article 8
regulating trees conflict with the requirements contained
herein regulating trees, the requirements of Article 8 of the
Subdivision Regulations shall control."
B. Section 47 entitled "Landscaping Regulations" of Article 7, "Development
and Designs Standards", is hereby amended by amending Subsection (G)
entitled "Requirements for Residential Districts", Paragraph (4) entitled
"Content of the Landscape Plan" to read as follows in its entirety:
4&4. Content of the Landscape Plan. The owner/builder shall
provide a drawing illustrating the entire landscape plan for
the property. The Landscape Plan shall contain, at
minimum, the information contained hereinbelow. Caliper
inches shall be measured twelve inches (12") above final
grade adjacent to the trunk of the tree:
a. It is not necessary that the landscape plan be drawn to
scale; however, it is to be drawn such that the physical
relationship of property, structures, and landscaping
are easily discernible. All applicable requirements
relative to trees as specified in Article 8 of the
Subdivision Regulations of the Town of Trophy Club,
as amended, shall be met by the builder/owner.
b. A tree survey meeting the requirements of Article 8 of
the Subdivision Regulations of the Town of Trophy
Club, as amended, shall be provided. Such survey
shall show the location of all trees to be preserved,
relocated, replanted and/or removed.
c. The location of all plants and landscaping material to
be added, including but not limited to, plants, paving,
benches, screens, fountains, statues or other landscape
features shall be shown on the landscape plan. All
trees for which a removal or replanting permit is
required shall be identified as required by Article 8 of
the Subdivision Regulations of the Town of Trophy
Club, as amended.
d. Species of all plant material to be used shall be
identified on the landscape plan; provided however,
that as required by Article 8 of the Subdivision
Regulations of the Town of Trophy Club, and all
amendments thereto, trees shall be of a species
required by such Article 8.
e. Size of all plant material to be used shall be identified
on the landscape plan. As required by Article 8 of the
Subdivision Regulations of the Town of Trophy Club,
and all amendments thereto, all trees shall meet the
sizing requirements specified in such Article 8.
f. Spacing of plant material shall be identified on the
landscape plan. As required by Article 8 of the
Subdivision Regulations of the Town of Trophy Club,
and all amendments thereto, trees shall meet the
spacing requirements set forth in such Article 8.
g. Layout and description of irrigation, sprinkler or water
systems, including placement of water sources, shall be
identified on the landscape plan.
h. In addition to meeting the requirements of this Section,
the owneribuilder shall comply with all applicable
requirements of Article 8 of the Subdivision
Regulations of the Town of Trophy Club, as amended.
Where any of the provisions of this Section conflict
with Article 8 of the Subdivision Regulations of the
Town of Trophy Club, as amended, the requirements
of Article 8 shall control as applicable."
C. Section 47 entitled "Landscaping Regulations" of Article 7, "Development
and Designs Standards", is hereby amended by revising Subsection (H)
entitled "Requirements for Non -Residential Districts and Uses", Paragraph
(3) entitled "Content of Landscape Plans" to add subparagraphs 0), (k),
and (1) to read as follows. All other provisions of Paragraph 3 are hereby
ratified and affirmed:
"3. Content of Landscape Pians: Landscape Plans shall be
prepared by a landscape architect, landscape contractor, or
landscape designer knowledgeable in plants, materials, and
landscape design. Landscape Plans shall contain the
following information:
j. If a tree removal permit and/or a tree replanting permit
is required by Article 8 of the Subdivision Regulations
of the Town of Trophy Club, as amended, the
owner/builder shall comply with the requirements of
Article 8 prior to the issuance of a tree removal permit.
k. A tree survey shall be provided as required by Article 8
of the Subdivision Regulations of the Town of Trophy
Club, as amended.
1. In addition to meeting the requirements of this Section,
the ownerlbuilder shall comply with all applicable
requirements of Article 8 of the Subdivision
Regulations of the Town of Trophy Club, as amended.
Where any of the provisions of this Section conflict
with Article 8 of the Subdivision Regulations of the
Town of Trophy Club, as amended, the requirements of
Article 8 shall control."
SECTION 5.
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 Section 46, entitled Tree
Preservation, of Article 7, Development and Design Standards, of Comprehensive Zoning
Ordinance No. 2000-06 P&Z is hereby repealed in its entirety. Except as otherwise provided
herein, 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 tiny complaint, action, claim or lawsuit which has
been initiated or has arisen tinder or pursuant to Section 46, entitled Tree Preservation, of Article
7, Development and Design Standards, of Comprehensive Zoning Ordinance No. 2000.06 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.
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 trees 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 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,OOa.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
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QXFOwNSECTending ardinanceslCZO 2000-06 PZ MOND REPEALING 121701.doc - 6 -
Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records
of the Town.
SECTION 11.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and publication in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of1he Town of Trophy Club, Texas,
this the 17 day of December, 2001.
own of Trophy Club, Texas
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Town Secretary (.
Town of Trophy Club, Texas
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APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas