ORD 1998-29RD
09/17/2001
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.1999- 17 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 98-29 OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE
OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING
ON A CERTAIN TRACT OF LAND DESCRIBED AS A 13.97 ACRE TRACT
OF LAND FROM ITS CURRENT ZONING OF CONIlVIERCM L -GENERAL
TO PD PLANNED DEVELOPMENT 921 FOR PROFESSIONAL, BUSINESS
AND RETAIL USES; 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 THAT THE
ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT 921
ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A
SAVINGS 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; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (the "Land"), described as a 13.97 acre tract of
land currently zoned Commercial -General, said tract generally known as the Trophy Club Plaza and
as described in Exhibit "A" attached hereto and incorporated herein, filed an application with the
Town Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned
Development #21 for Professional, Business and Retail uses and an amendment to the official
Zoning District Map of the Town in accordance with Ordinance No. 98-29 of the Town (the
"Comprehensive Zoning Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with, the
case to rezone the Land came on before the Planning and Zoning Commission and Town Council;
and
WHEREAS, the Town Council, at a public hearing held jointly with the Planning and
Zoning Commission, 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, the effect on the transportation, water, sewerage, schools, parks and other public facilities;
TOWN OF TROPHY CLUB ORDINANCE 1999-
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and
WHEREAS, the Town Council further considered among other things the character of the
districts and their peculiar suitability for particular uses, 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 rezoning approved hereby accomplishes such objectives; and
WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative land
development concepts and is consistent with the Town's Comprehensive Land Use Plan; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the said 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 has determined that there is a necessity and need for the
change in zoning and that there has been a change in the conditions of the Land surrounding and in
close proximity to the Land since the Land was originally classified and therefore the change in
zoning herein made is needed; 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.
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. Rezoning. Ordinance No. 98-29 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:
A. The zoning on the Land, being a 13.79 acre tract of land described in Exhibit "A"
attached hereto and incorporated herein, heretofore zoned Commercial -General, is
hereby changed to PD Planned Development District for Professional, Business and
Retail uses in accordance with the requirements of this Ordinance (including Exhibits
"B", "C", "D", "E", "F", "G", H", and "I" each of which Exhibits is incorporated
herein for all purposes), all applicable parts of the Comprehensive Zoning Ordinance,
and all other applicable ordinances, rules and regulations of the Town.
Section 3. Site Plan. A planned development site plan for the Land or any part thereof
which shall be in substantial conformity with Exhibits described in Section 2. A. above, shall be
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submitted by the Owner of the Land as required by and in accordance with the Comprehensive
Zoning Ordinance and shall be attached hereto and incorporated herein as a part of this Ordinance
and labeled Exhibit `B".
Section 4. Zoning Map. The Planning and Zoning Administrator is hereby directed to
mark and indicate on the official Zoning District Map of the Town to reflect the zoning change
herein made.
Section 5. Development Conditions. In carrying out the development of the Land in
accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be
conditions precedent to the granting of any certificate of occupancy.
Section 6. Building Elevations. The standards for building elevation for the Planned
Development shall be in accordance with the criteria set forth in Exhibit "D".
Section 7. Site Line Studies. Site lines shall comply with the Site Line Studies as set
forth in Exhibit "E".
Section 8. Plant List and Plan. Plants, trees, and landscaping shall comply with the list
as set forth in Exhibit "F".
Section 9. Preliminary Grading. Preliminary grading shall comply with the standards
as set forth in Exhibit "G".
Section 10. Light Fixtures. Light fixtures shall comply with the standards as set forth in
Exhibit "H".
Section 11. Sign Criteria. The standards for the configuration, fabrication, installation,
and operation of tenant signage for the Planned Development shall be in accordance with the criteria
set forth in Exhibit "I".
Section 12. 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 13. 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 14. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance.
Section 15. Penaltv. It shall be unlawful for any person to violate any provision of this
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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 16. 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 17. 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 a vote of 4 to 0 , this the 6th
day of July , 1999.
Mayor
Town of Trophy Club, Texas
ATTEST:
Towri Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
14.,
Town Attorney
Town of Trophy Club, Texas
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 98-29 P & Z
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCES 94-09, 96-16, AND 97-10P&Z AND
REPLACING THEM BY ADOPTING THE UPDATED
COMPREHENSIVE ZONING ORDINANCE, AS PREPARED
AND SUBMITTED BY MUNICIPAL PLANNING
RESOURCES GROUP, INC.; DECLARING THE 1998
PRINTING OF THE COMPREHENSIVE ZONING
ORDINANCE TO BE THE OFFICIAL COMPREHENSIVE
ZONING ORDINANCE; CORRECTING AND ADOPTING
THE OFFICIAL ZONING MAP; PROVIDING FOR A
PENALTY OF A FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($3,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (all references hereafter to "Town" shall
refer to the Town of Trophy Club, Texas), has adopted a Comprehensive Zoning Ordinance by
adopting Ordinance No. 94-09, effective July 7, 1994; and
WHEREAS, the Town Council amended Ordinance No. 94-09 through Ordinance Nos.
96-16 and 97-10P&Z; and
WHEREAS, the Town Council deemed it necessary and in the best interest of the Town
to update the Comprehensive Zoning Ordinance; and
WHEREAS, Municipal Planning Resources Group, Inc. (hereinafter "MPRG") was
called upon by the Town to develop and print the updated version of the Comprehensive Zoning
Ordinance; and
WHEREAS, the updated draft of the Comprehensive Zoning Ordinance prepared and
submitted by MPRG, was submitted to the Planning and Zoning Commission of the Town for
its review and recommendation; and
WHEREAS, incorporated in the updated draft of the Comprehensive Zoning Ordinance
were certain amendments thereto, as proposed by MPRG and reviewed by the Town Planner and
ORDINANCE- Page I
DOC 657332
the Town Attorney, which were deemed by the preparers thereof to be necessary and in the
Town's best interests; and
WHEREAS, the Planning and Zoning Commission and the Town Council of the Town
of Trophy Club, Texas (the "Town"), have heretofore conducted substantial studies and a
number of public hearings and work sessions, upon the giving of public notice, which included
input from the Town's professional planner and owners and developers of land within the Town
regarding the proposed updated Comprehensive Zoning Ordinance; and
WHEREAS, the Town Council does hereby find and conclude based upon the
information and data presented in the studies and at the public hearings and work sessions that
adoption of the Comprehensive Zoning Ordinance prepared by MPRG is in the public's best
interest and in support of the health, safety, morals and general welfare of the Town; and
WHEREAS, it is the intent of the Town Council to repeal Ordinance Nos. 94-09, 96-16,
and 97-10P&Z by and through the adoption of this Ordinance; and
WHEREAS, it is necessary and in the best interests of the Town to update the official
town map by adopting a new official town map which reflects all amendments and changes to
the map which have taken place since the creation of the previous town map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The above and foregoing recitals are found to be true and correct and are
incorporated into the body of this Ordinance for all purposes.
Section 2. The updated Comprehensive Zoning Ordinance prepared by Municipal
Planning Resources Group, Inc. ("MPRG"), a true and correct copy of which is attached hereto
and incorporated herein and labeled Exhibit A is hereby adopted by the Town Council as the
Comprehensive Zoning Ordinance (1998 Printing) of the Town of Trophy Club, Texas.
Section 3. A copy of the Comprehensive Zoning Ordinance shall be kept in the office
of the Town Secretary with the original of this Ordinance and shall be available for inspection
during regular business hours.
Section 4. That the official zoning map of the Town, a true and correct copy of which
is attached hereto, labeled Exhibit B and incorporated herein, is hereby corrected and adopted
to reflect the zoning district classifications as approved by the Town Council.
Section 5. Any person, f= or corporation violating any of the provisions of this
ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense and each and every day such offense shall continue shall be deemed
to constitute a separate offense.
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Section 6. This Ordinance repeals Ordinance Nos. 94-09, 96-16, and 97-10P&Z and
replaces them with this Ordinance adopting the 1998 Comprehensive Zoning Ordinance as
prepared by MPRG, provided, however, that 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 the repealed Ordinances shall continue to be governed by the provisions of those
Ordinances and for that purpose Ordinance Nos. 94-07, 96-16, and 97-10P&Z shall be deemed
to remain and continue in full force and effect. It is further the intent hereof that if any section
or provision of this ordinance or the application of that section or provision to any person, firm,
corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not
affect any other section or provision of this ordinance or the application of any other section or
provision to any other person, firm, corporation, situation or circumstance, nor shall
adjudication affect any other section or provision of the Comprehensive Zoning Ordinance of
the Town of Trophy Club, Texas, and the Town Council declares that it would have adopted the
valid portions and applications of the ordinance without the invalid parts and to this end the
provisions of this ordinance shall remain in full force and effect.
Section 7. That all ordinances of the Town of Trophy Club in conflict with the
provisions of this ordinance be and the same are hereby repealed to the extent of that conflict.
Section 8. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption of said ordinance as the law in such case provides.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, this 1st day of December , 1998.
ATTES
2�� GGf/Gr G
Town Secretary(
Town of Trophy Club, Texas
APPROVED AS TO FORM:
— a""J, "--
Town Attorney
Town of Trophy Club, Texas
ORDINANCE - Page 3
DOC N: 657332
of Trophy/Club, Texas