ORD 2016-21 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-21 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2010-01 P&Z WHICH SUCH
ORDINANCE AMENDED ORDINANCE NO. 2009-30 P&Z, WHICH
SUCH ORDINANCE AMENDED ORDINANCE NO. 2009-01 P&Z,
WHICH SUCH ORDINANCE AMENDED ORDINANCE NO. 2008-39
P&Z, WHICH SUCH ORDINANCE AMENDED ORDINANCE NO. 2007-
30 P&Z, KNOWN AS PD PLANNED DEVELOPMENT NO. 27, AND
ALSO KNOWN AS THE HIGHLANDS, THE SAME HAVING AMENDED
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED
THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS
ORDINANCE PROVIDING AN AMENDMENT TO VILLAGE CENTER
PERMITTED USES, AND AMENDING ORDINANCE NO. 2000-06 THE
COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL
ZONING MAP; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING
APPLICABLE REGULATIONS; PROVIDING A ZONING MAP
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article Xl, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2010-01 P&Z
amending Ordinances 2009-30 P&Z, 2009-01 P&Z, 2008-39 P&Z and 2007-30 P&Z on
February 1, 2010; and
WHEREAS, the Town previously approved Ordinance No. 2009-30 P&Z
amending Ordinances 2009-01 P&Z, 2008-39 P&Z and 2007-30 P&Z on February 1,
2010on November 2, 2009; and
WHEREAS, the Town previously approved Ordinance No. 2009-01 P&Z
amending Ordinances 2008-39 P&Z and 2007-30 P&Z on January 5, 2009; and
WHEREAS, the Town previously approved Ordinance No. 2008-39 P&Z
amending Ordinance 2007-30 P&Z on December 1, 2008; and
WHEREAS, the Town previously approved Ordinance No. 2007-30 P&Z on
November 5, 2007 creating the PD 27 district; and
WHEREAS, amendments are proposed to add the use of a veterinary clinic that
contains an outdoor pet run in conjunction with a new veterinary clinic to be located on
Block 2, Lot, Trophy Club Village Centre; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, 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 proposed amendments 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
the proposed amendment and considered, among other things, the impact of the
proposed amendment on 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 the
Council does hereby find that the adoption of the amendment as set forth in this
Ordinance hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that the proposed amendment is
in accordance with the Town's Comprehensive Land Use Plan; and
WHEREAS, the Town Council has determined that there is a necessity for the
amendments to Ordinance No. 2010-01 P&Z, 2009-30 P&Z, 2009-1 P&Z, 2008-39 P&Z
and 2007-30 P&Z and the Town Council has also determined that this Ordinance should
be adopted, that the proposed amendment is consistent with the Comprehensive Land
Use Plan, and that all terms of Ordinances No. 2010-01 P&Z, 2009-30 P&Z, 2009-1
P&Z, 2008-39 P&Z and 2007-30 P&Z not expressly amended hereby shall continue in
full force and effect.
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.
ORD 2016-21 P&Z Page 2 of 5
SECTION 2.
AMENDMENTS
2.01 That Section J — Village Center, Subsection 1 — Permitted Uses of Ordinance
2007-30 is hereby amended by modifying the following use "Pet services including
veterinarian (without outdoor kennels)" to read as follows.-
"Pet
ollows:
"Pet services including veterinarian (without outdoor kennels). Approved
veterinary clinics may contain an outdoor pet run provided said area does not
create a nuisance, does not contain an unattended pet for a period longer than
15 minutes, and is visually screened from the view of any public area including
but not limited to a parking lot."
SECTION 3.
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 4.
ZONING MAP AMENDMENT
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 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.
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.
ORD 2016-21 P&Z Page 3 of 5
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 8.
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 or part of a 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 and Town Charter.
SECTION 10.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the home rule charter and procedures of
the Town.
ORD 2016-21 P&Z Page 4 of 5
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 on this 14th day of June 2016.
ATTEST:
Holly Fimb s, Town Secretary
Town of Trophy Club, Texas
APPROVED T9 AS FORM:
i
David Dodd; Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ORD 2016-21 P&Z Page 5 of 5