ORD 2015-04 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-04 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING SUBSECTION 3, OF SECTION 5.09(B), ENTITLED
"CHANGES TO THE SITE PLAN" OF SECTION 5.09, ENTITLED
"SITE PLAN REQUIREMENTS" OF ARTICLE V, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS" OF CHAPTER
13, ENTITLED "ZONING" OF THE CODE OF ORDINANCES OF
THE TOWN AND ADOPTING A NEW SUBSECTION 5.09(B)(3)
REGULATING ADMINISTRATIVE APPROVAL OF CHANGES TO
SITE PLANS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; 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; 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 XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, the Planning and Zoning Commission has reviewed
Subsection (3) of Section 5.09(B), entitled "Changes to the Site Plan" of Section
5.09, entitled "Site Plan Requirements" of Article V, entitled "Supplementary
District Regulations" of Chapter 13, entitled "Zoning" of the Code of Ordinances
of the Town, which subsection authorizes approval by the Planning and Zoning
Administrator of changes to the details of an approved site plan where the
proposed changes do not alter the basic physical relationship of the property to
adjacent property, do not alter the use permitted, increase density, floor area,
height, or reduce the yards provided at the boundary of a site as indicated on the
approved site 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 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 repeal of Subsection 5.09(B)(3) of Article V, of Chapter
13 of the Code of Ordinances and the adoption of new regulations governing
ORD 2015-04 P&Z 1
administrative approval of site plans by the Town Manager or his/her designee;
and
WHEREAS, after due deliberation and consideration by Town Council of
the Town of Trophy Club, Texas at a properly posted public hearing, the Town
Council now deems it necessary and in the interests of public health, safety and
welfare and the orderly development of land within the Town, to adopt this
Ordinance amending the Code of Ordinances of the Town by repealing existing
Section 5.09(B)(3) and adopting a new Subsection (3) of Section 5.09(B), entitled
"Changes to the Site Plan" of Section 5.09, entitled "Site Plan Requirements" of
Article V, entitled "Supplementary District Regulations" of Chapter 13, entitled
"Zoning" of the Code of Ordinances of the Town, as more specifically set forth
below.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That 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 Subsection 3 of Section 5.09(B), entitled "Changes to the Site Plan"
of Section 5.09, entitled "Site Plan Requirements" of Article V entitled,
"Supplementary District Regulations" of Chapter 13, entitled "Zoning" of the Code
of Ordinances of the Town of Trophy Club, Texas, is hereby repealed in its
entirety, and a new Section 5.09(B)(3) is hereby adopted, and shall be and read
in its entirety as follows, with all other provisions of Section 5.09(B), "Changes to
the Site Plan" to remain unaltered and in full force and effect.
B. Changes to the Site Plan
"3. Minor changes of details within a site plan, which do not create a
significant change to the physical and aesthetic character to a previously
approved site plan as approved by the Town Council, may be authorized
by the Town Manager or their designee when such minor changes will not
cause any of the following circumstances to occur:
a. Changes to any development requirement and/or preference imposed
by the Town Council as a condition of approval of the site plan; or
ORD 2015-04 P&Z 2
b. Any change to a landscaping, building design or other requirement that
is not generally consistent with the approved plan(s) and fails to meet
the minimum requirements of any Town ordinance, pertinent PD
district, Specific or Conditional Use Permit, or any other valid
legislative regulation imposed on the site; or
c. A change in floor area and/or the ratio of the gross floor areas in
structures to the area of any lot; or
d. A change in the intensity of use and/or density of residential units; or
e. A change in the originally approved separations between buildings; or
f. A change in any impacts related to traffic circulation, public health and
safety, utility construction; or
g. A change in any effect of the development upon on adjacent property
including light, noise, odor and visual obstruction; or
h. A change in the originally approved setbacks from property lines; or
i. A change in height of any structures; or
j. A change in ground coverage by structures; or
k. A change in the ratio of off-street parking and loading space to gross
floor area in the structures; or
I. A change in the subject, size, lighting, flashing animation or orientation
of originally approved signs; or
m.Any change that would require the approval of a variance or waiver to
any code or zoning district requirement where none currently exists."
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Zoning and Site Plans and shall not repeal any of the provisions
of such Ordinances except as specifically provided herein and except in those
instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance or the Comprehensive Zoning Ordinance of the
Town; 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 or adopted as part of an
Ordinance or regulation for a Planned Development Zoning District, shall remain
in full force and effect. Notwithstanding the foregoing, any complaint, action,
ORD 2015-04 P&Z 3
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 4.
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 the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
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 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required
by law.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
ORD 2015-04 P&Z 4
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 26th day of May, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fim , Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
I-- pit � It IQL� L/nt�
. — icia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-04 P&Z
[SEAL]
C