ORD 2015-08 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-08 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED
DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN
SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY
ORDINANCE NO. 97-23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY
ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z,
AND AMENDED BY ORDINANCE NO. 2010-28 P&Z OF THE TOWN,
THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY
FURTHER AMENDING BY THIS ORDINANCE AMENDING EXHIBIT
"C" DEVELOPMENT STANDARDS, TO ALLOW AN ADDITIONAL
PERMITTED RETAIL USE FOR TRACT 1, TO ALLOW INDOOR
CANINE RETAIL AND TRAINING AND PROVIDING A DEFINITION FOR
THAT USE; 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 FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN;
PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS
AND 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 owner of Tract 1 of PD #13 (the "Land"), described as
approximately 3.8 acres of land currently zoned PD Planned Development #13 for
Retail Uses, such tract located generally at the northwest corner of the intersection of
Trophy Club Drive and State Highway 114, filed an application with the Town Planning
and Zoning Commission requesting an amendment to the PD, more specifically to allow
a change in the terms of Exhibit "C" Development Standards, Section A(1)(b)(1)
regulating a portion of the Land located in Planned Development #13, modifying the
terms of the use of such portion of the Land as follows: to add a permitted use of
"Indoor Canine Retail and Training"; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the amendment to PD #13 came 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 the
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
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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 amending the Comprehensive Zoning Ordinance of the Town 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.
AMENDMENT
2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD
Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance
No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by
Ordinance No. 2006-15 P&Z, and as amended by Ordinance No. 2010-28 P&Z of the
Town, is hereby further amended by this Ordinance amending Exhibit "C" Development
Schedule, Section A(1)(b)(1), "Permitted Uses" in the following particulars as set forth
below, and all other articles, chapters, sections, paragraphs, sentences, phrases and
words are not amended but are hereby ratified and affirmed:
A. Purpose; development standards, uses within individual tracts: This Planned
Development is designed to accommodate a variety of retail commercial and
commercial office uses. For development purposes, the Land is divided into
four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD
Site Plan)), and the use and development of each of the tracts shall be in
accordance with the following:
1. Tract 1 (Retail uses, as depicted in Exhibit "B"): The following standards
shall apply to Tract 1:
(a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land.
(b) Uses generally: In the development and use of Tract 1, no land shall be
used and no building or structure shall be installed, erected or converted to
any use other than the following:
1. Permitted Uses:
"(AA) Indoor Canine Retail and Training*
* This use is defined as a retail establishment which sells canine related items
and accessories and which also trains domesticated or tamed dogs, all within a
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ORD 2015-08
completely enclosed building. Training shall not include the training of any other
animals, nor any "prohibited animal" as defined in the Town Code of Ordinances.
The boarding and grooming of any animals is prohibited."
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.
SAVINGS AND REPEALER
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 whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect.. Notwithstanding the foregoing, 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 such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 5.
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 less than One Dollar ($1.00) nor 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. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
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.
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SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
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 14th day of April, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
V&11 q'Lm�l �a
Holly FiQ res, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
VIl�o1
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
[SEAL]
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