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ORD 2007-11TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTE R 13 OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN APPROXIMATE 54.86 ACRE TRACT OF LAND CURRE NTLY ZONED MII — MANUFACTURED HOUSING, AND AN APPROXIMATE 37.38 ACRE TRACT OF LAND CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL, TO PD PLANNED DEVELOPMENT NO. 28, TO BE KNOWN AS NORTHWEST HIGH SCHOOL NO. 2; PROVIDING FOR EXHIBIT "A", LEGAL DESCRIPTION"; PROVIDING FOR EXHIBIT "B"9 "ZONING EXHIBIT", PROVIDING FOR EXHIBIT "C". "DEVE LOPMENT STANDARDS", AND PRESCRIBING A PURPOSE, INCLUDING SIZE OF TRACT, USES GENERALLY, PERMITTED USES, LIMITATION OF USES, AREA BUILDING AND SITE REGULATIONS, ADDITIONAL DEVELOPMENT STANDARDS, LANDSCAPING, FIRE LANE S, FINAL SITE PLAN, AND AMENDMENTS TO SITE PLAN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHAI L REFLECT THE PD ZONING FOR SUCH 92.24 ACRE TRACT; PROVIDING A SAVINGS AND 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 Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; WHERE AS, the owner of the tracts of land, collectively described as a 92.24 acre tract of land, of which approximately 54.86 acres are zoned MH — Manufactured Housing, and approximately 37.38 are zoned R-12 Singe Family Residential, and such land being further described in Exhibit "A", attached hereto and incorporated herein, (the "LanT'), filed an application with the Town's Planning and Zoning Commission requesting a change in zoning of tile Land into PD Planned Development No. 28, Northwest High School No. 2 with high school and associated auxiliary uses including but not limited to athletic fields and a stadium. consisting of approximately 92.24 acres of land. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town's Code of Ordinances; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land 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 amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHERE, AS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, 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 does hereby find that the rezoning approved hereby accomplishes such objectives; NOW, THE REFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TIIE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PRENUSES That 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 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. SECTION 3. REZONING The Zoning Ordinance for the Town, codified in Chapter 13 of the Code of Ordinances of the Town of Trophy Club, 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 of the land, being a 92.24 acre tract of land described in Exhibit "A", attached hereto and incorporated herein, is hereby changed to adopt provisions for Pl) Planned Development No. 28 in accordance with the requirements of this Ordinance, all applicable parts of Chapter 13, the Zoning Code, and all other applicable ordinances, rules and regulations of the Town. Such new provisions are set forth in Exhibit "A" entitled "Legal Description", Exhibit "B" entitled "Zoning Exhibit", and Exhibit "C" entitled "Development Standards" which are attached hereto and incorporated herein for all purposes. PD Development Standards. Development Standards for the planned development of the Land, and all parts thereof, is attached hereto as Exhibit "C" and incorporated herein as if copied in its entirety. Such Development Standards shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and compliance with each and every part of such Development Standards shall constitute a condition precedent to the issuance of any building permit for the Land in this Planned Development District. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting PD- 28, Northwest High School No. 2 and shall not repeal any of the provisions of such ordinances except in those instances where 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 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 ENROLLME NT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon 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 publish the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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. PASSED AND APPROVED by the Town Council of tile Town of Trophy Club, Texas, this the '� day of �do!-o,t, 2007. Mayor Town ofTrophy Club, Texas ATTEST: C Town Secietar y Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: lRa(b60dat,—�,-. Town Attorney Town of Trophy Club, Texas PLANNED DEVELOPMENT Vt TISTRICT HIGH SCHOOL NO.2 TROPHY CLUB, TEXAS Contents Exhibit "A" ------------------------------------------------------------------------------- Legal Description Exhibit "B" --------------------------------------------------------------------------------- Zoninp- Exhibit Exhibit "C -------------------------- Standards EXHIBIT "A" LEGAL DESCRIPTION Being 92.655 acres of land located in the T. Calaway Survey, Abstract No. 272, the T. Kelly Survey, Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton County, Texas, being the tract of land described in the deeds to Northwest Independent School District (Northwest Independent School District "NWISID"), recorded in Instrument Nos. 2004-52882, 2005-56133, and 2005-56134, Deed Records, Denton County, Texas. Said 92-655 acres of land being more particularly described as follows: BEGINNING at a 1/2" iron rod stamped "McCullah" found at the most Westerly Northwest corner of said NWISD tract recorded in Instrument No. 2004-52882, being the Northeast corner of Lot 22, Block L, Green Acre Estates, 2nd Section, an addition to Denton County, Texas, according to the plat recorded in Volume B, Page 250, Plat Records, Denton County, Texas; THENCE N89032'20"E, along the most Westerly North line of said NWISD tract recorded in Instrument No. 2004-52882 a distance of 363.50 feet to a 60d nail found at the Northwest corner of the Save and Except Tract 1 as described in the deed to NWISD in said Instrument No. 2004-52882; THENCE S00027'22"E, along the West line of said Save and Except Tract 1, at a distance of 255.57 feet passing the Southwest corner of said Save and Except Tract 1, also being the most Westerly Northwest corner of a tract of land described in the deed to C Oil Investments, LTD. recorded in Instrument No. 2005-56135, Deed Records, Denton County, Texas, in all a total distance of 295.57 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set at the Southwest corner of said C Oil Investments, LTD tract; THENCE along the South, East, and North lines of said C Oil Investments, LTD tract the following courses and distances: 1. N89033'02"E, a distance of 410.61 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set; 2. NOO'26'58"W, a distance of 295.62 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set; 3. S89033'06'VV, a distance of 155.00 feet to a 3/8" iron pipe found at the Northwest corner of said C Oil Investments tract, the Northeast corner of said Save and Except Tract 1, and the Southeast corner of a tract of land described in the deed to Hunter Ferrell Properties, Inc recorded in Instrument No. 94-75154, Deed Records, Denton County, Texas; THENCE N0001537"W, along the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882, a distance of 157.16 feet to a 112" iron rod set at the Southwest corner of a tract of land described in the deed to C Oil Investments, LTD. recorded in Instrument No. 2003-205035, Deed Records, Denton County, Texas-, THENCE along the South, East, and North line of said C Oil Investments, LTD. tract described in Instrument No. 2003-205035 the following courses and distances: 1 . N65'51'14"E, a distance of 293.82 feet to a 60d nail found; 2. N43'22'38"E, a distance of 110.89 feet to a 60d nail found; 3. N45o01'33"W, a distance of 298.00 feet to a 60d nail found; 4. S89'29'25"W, a distance of 135.33 feet to a 60d nail found in the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882; THENCE N00015'37'VV, along the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882, at a distance of 192.98 feet passing a point from which a 518" iron rod stamped "Carter & Burgess" bears S89'44'23"W a distance of 0.97 feet for the Northeast corner of said Hunter Ferrell Properties, Inc tract and the Southeast corner of a tract of land described in the deed to Star of Texas Energy Services, Inc recorded in Instrument No. 2004-148911, Deed Records, Denton County, Texas, in all 347.21' to a U.S. Army Corps of Engineers (Corps of Engineers "COE") Monument No. 540-1 found at the most Northerly Northwest corner of said NWISD tract described in Instrument No. 2004-52882; THENCE along the North and East lines of said NWISD tract described in Instrument No. 2004-52882 the following courses and distances: 1. S42'22'19"E, a distance of 408.77 feet to a COE Monument No. 540-2 found; 2. S44'1 7'30"E, a distance of 777.59 feet to a COE Monument No- 540-3 found; 3. S58'06'38"W, a distance of 253.93 feet to a COE Monument No. 540-4 found; 4. S61*23'43"E, a distance of 642.65 feet to a 1/2" iron rod stamped "McCullah" found; 5. S50'12'33"E, a distance of 496.53 feet to a COE Monument No. 540-6 found; 6. S1 5014'49"W, a distance of 150.59 feet to a COE Monument No. 540-7 found; 7. S27'03'58"W, a distance of 402.08 feet to a COE Monument No. 540-8 found; 8. N87'09'06"W, a distance of 157.55 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set; 9. S77'19'34"W, a distance of 102.76 feet to a 1/2" iron rod stamped "McCullah" found-, 10. S41'39'04"W, a distance of 91-39 feet to a 1/2" iron rod stamped "McCullah" found ; 11. S36017'1 2"W, a distance of 5232 feet to a 1/2" iron rod stamped "McCullah" found; 12. S40050'39"W, a distance of 95.59 feet to a 1/2" iron rod stamped "McCullah" found; 13. S08039'42"W, a distance of 429.68 feet to a 1/2" iron rod stamped "McCullah" found; 14. S04012'41"W, a distance of 306.41 feet to a 1/2" iron rod stamped "McCullah" found; 15. S13'00'52"W, a distance of 96.30 feet to a 1/2" iron rod stamped "McCullah" found; 16. S19-36'46"W, a distance of 103.70 feet to a 1/2" iron rod stamped "McCullah" found; 17. S10'23'52'VV, a distance of 125.46 feet to a pk set in Marshall Creek Road for the Southeast corner of said NWISD tract described in Instrument No. 2004- 52882; THENCE with the South line of said NWISD tract described in Instrument No. 2004- 52882 and along a line in Marshall Creek Road the following courses and distances: 1. Westerly, 138.46 feet along a non tangent curve to the left, having a radius of 1,031.76 feet, a central angle of 07'41'21" and a chord bearing N73'38'58"W, 138.36 feet to a pk set; 2. N77'29'39"W, a distance of 909.47 feet to a pk set at the beginning of a non tangent curve; 3. Westerly, 350.07 feet along a non tangent curve to the left, having a radius of 2,020.05 feet, a central angle of 09'55'45" and a chord bearing N85'28'47"W, 349.63 feet to an X found for the Southwest corner of said NWISD tract described in Instrument No. 2004-52882; THENCE N00006'55"E, along the most Westerly West line of said NWISD tract described in Instrument No- 2004-52882, at a distance of 31.69 feet passing a 3/8" iron rod found at the Southeast corner of Lot 1, Block L, Green Acre Estates, an Addition to Denton County, Texas, according to the plat recorded in Volume 6, Page 6, Plat Records, Denton County, Texas, in all a distance of 1,426.57 feet to a 3/8" iron rod found at the Northeast corner of Lot 14, Block L, of said Green Acre Estates, also being the Southeast corner of Lot 15, Block L, of said Green Acre Estates, 2nd Section; THENCE N00015'50"E, along the East line of said Green Acre Estates, 2nd Section, a distance of 754-75 feet to the point of beginning, containing 92.655 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. x.11. � I �" 1. O(D PO --------------- P-9 Ai g CO. -Al 1 EXIMIT 66C� DEVELOPNMNT STANDARDS DEVELOPMIENT STANDARDS NISD HIGH SCHOOL NO. 2 TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" — Legal Description (a copy of which is attached hereto and incorporated herein) (hereinafter "Tract I") consisting of approximately 92.24 acres of land shall be in accordance with Exhibit "B" — Zoning Exhibit of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Zoning Code, all other applicable codes and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a high school and other appurtenant uses as applicable with a high school site. For development purposes, the land is one contiguous tract. The use and development of the tract shall be in accordance with the Code of Ordinances of the Town, Article TV, Section 4.14 NS — Neighborhood Service District Regulations with the following exceptions: 1. Size of Tract: Tract I shall contain approximately 92.24 acres of land 2. 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 Permitted Uses: 3. Permitted Uses: (a) Tract I shall allow all uses indicated in the following Use List. Athletic Fields, Stadium, Auditorium, Gyms Children's Day Care Center & Kindergarten Park, Playground, Play lots, Related Facilities Public Safety Facilities School Storage (auxiliary uses for I -IS site) Tennis, liandball, Racquet Ball Clubs Bldg for auxiliary uses on ITS site Equestrian facilities Private Stable Recreational Social, Recreational, Assembly Buildings Swimming Pool Utility Facilities, Garage, Storage 4. Limitation of Uses: Except as provided below, any use not expressly permitted herein or allowed by temporary, conditional or specific use permit is prohibited: (a) Sporting Events and any applicable appurtenances shall be granted as a permanent use. (b) Educational or informational displays. (c) A temporary use as defined in the Zoning Code shall not be permitted or located nearer than one -hundred feet (100') to a residentially zoned district. (d) An accessory use as defined in the Zoning Code shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/ utility structures which shall not exceed fifteen feet (15') in height. Utility structures may include lift stations and other operational utility structures required for full functionality of a high school. 5. Area Building and Site Regulations7 The building and site regulations will generally follow Chapter 13 of the Code of Ordinances of the Town, Article IV, Section 4.14 NS — Neighborhood Service District Regulations, with the exception of those items listed below: (a) Building Height: No building or structure shall exceed eighty-five feet (85') or three (3) stories in height. (b) Lighting: Prior to the issuance of a building permit for the Land or any part thereof, an overall lighting plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation of the Planning & Zoning Commission. Additionally, written standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. Fencing: Chain link fencing may be used for athletic fields only as long as it has 100% vinyl coverage. Black vinyl is an acceptable color. All other colors shafl be approved by the Town Council upon recomanendation of the Planning & Zoning Commission. Additional fencing shall meet the requirements of Chapter 13, Article VII, Section 7.01 of the Town's Code of Ordinances. (d) Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster locations shall be subject to the prior approval of the Planning & Zoning Commission, as indicated on the Final Site Plan. Dumpsters are to be enclosed on all sides with three (3) masonry waHs and one (1) gate of a similar architectural style of buildings. Minimum height of the enclosures shaH be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. (e) Signage: Illuminated LED and Non -Illuminated permanent marquee and monument signage will be allowed at drive approaches, intersections and the front of the building. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation of the Planning & Zoning Commission. Additionally, written standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. (f) Hours of Operation: The hours of operation shall be between 7am and I 1:00pm for the standard calendar school year and shall be between 7:00arn and 6:00pm for the summer session. (g) Mechanical & Electrical Equipment: Mechanical and electrical equipment, including air conditioning units, shall be designed and operated to minimize noise impact on surrounding property. All such Equipment shall be screened from public view. Equipment screening shall not be considered as a part of building height. B. Additional Development Standards: I Landscaping: Landscaping shall be provided as required by applicable codes, including but not limited to the Zoning Code as amended, and Chapter 13, Article VIL Section 7.03 Landscaping Regulations, and the Subdivision Regulations, Chapter 12, Article VIII, except as specifically provided hereinbelow: (a) Interior areas of parking lots shall contain planter islands or berms located so as to best relieve the expanse of paving. Planter islands or berms must be located no further apart than every twenty-four (24) parking spaces and at the terminus of all rows of parking. Such islands or berms shall contain at least one (1) tree. Each tree shall be a minimum of four (4) caliper inches as measured twelve inches (12") above Final grade adjacent to the trunk of the tree. The remainder shall be landscaped with shrubs, lawn and ground. Shrubs shall be a minimum of three feet (3') in height when measured immediately after planting, and shall reach three feet (3') in height within one year of planting. Interior planter islands shall have a minimurn size of nine feet (T) by eighteen feet (18'), (i) Perimeter landscape areas shall contain at least one tree for each fifty (50) linear feet or fraction thereof of perimeter area. Shrubs shall meet the requirements of (13)(1)(a) above. Trees shall be planted in non -vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non -Vehicular Open spaces: 0-100% Tree Ratio per Non -Vehicular Open Space: 9 trees/ 4,000 sq. ft. 2. Fire Lanes7 Fire lanes will be shown on the Final Site Plan. Location and details shall be provided at the time of the Final Site Plan submittal and shall be approved by the Fire Department. 3. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this Ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 4. Amendments to the Site Plan: Amendments to the Site Plan for items that axe not determined to be substantial by the Planning & Zoning Coordinator shall be permitted. The Planning & Zoning Coordinator shall determine items to be classified as not substantial. 5. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD-Plarmed Development No. 28: (a) Final Site Plan approval, including but not limited to Landscape Plan and Plant List. (b) Building Elevations (c) Sight Line Studies (d) Photometric Plan and Light Fixture Illustrations (e) Signage (f) Retaining Wall and Fencing