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ORD 2010-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-13 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD PLANNED DEVELOPMENT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO EXHIBIT "B" ENTITLED "DEVELOPMENT STANDARDS", SECTION III. "DEFINITIONS", AND SECTION IV. "LOT TYPE REGULATIONS" FOR LOT TYPES 1, 2, 3, AND 4, AS MORE FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER 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 XI , Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z amending Ordinance No . 2006-11 P&Z, creating PD Planned Development No. 27 , known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and WHEREAS, the Developer requests a change to the lot coverage for Lot Types 1, 2, 3, and 4; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 27 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 Ord . 2010-13 (File ID 2010-241) materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2007-15 P&Z 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 amendments and considered, among other things, the impact of the proposed amendments 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 does hereby find that the adoption of the amendments hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the amendments to Ordinance No . 2007-15 P&Z, and the Town Council has determined that this Ordinance should be adopted, and that the terms and provisions specifically set forth in this Ordinance shall amend and replace those conflicting terms contained in Ordinance No. 2007-15 P&Z and prior amendments thereto, and the remainder of the terms of Ordinance No . 2007-15 P&Z and all prior amendments thereto not in conflict with this Ordinance shall continue in 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 . SECTION 2. AMENDMENTS 2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club , Texas, the same being the Town's PO No . 27, Exhibit "8 " entitled "Development Standards ," Section III. entitled DEFINITIONS is hereby amended as follows to add a definition for "Open Air Structures" to be placed in alphabetical order as part of the existing list of definitions with all other definitions remaining the same . Such definition shall be and read in its entirety as follows: III. DEFINITIONS Open Air Structure : An accessory structure made of wood or masonry construction , detached from and incidental to the principal building. This structure is open on the sides and mayor may not provide shading. This Ord . 2010-13 (File ID 2010 -241) 2 includes structures such as, but not necessarily limited to, cabanas, pergolas, arbors, gazebos, pavilions. 2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Exhibit "8" entitled "Development Standards," Section IV. entitled LOT TYPE REGULATIONS, Section A entitled "Lot Type 1," Subsection 5 entitled "Area Regulations" shall be amended so that the second paragraph of Subsection (A)(5) entitled "Lot Coverage," shall be and read in its entirety as follows and the remainder of the subsection shall remain the same: Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. An Open Air Structure as defined in Section III above may be allowed up to an additional three percent (3%) lot coverage. 2.03 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Exhibit "8" entitled "Development Standards," Section IV. entitled LOT TYPE REGULATIONS, Section 8 entitled "Lot Type 2," Subsection 5 entitled "Area Regulations" shall be amended so that the second paragraph of Subsection (8)(5) entitled "Lot Coverage," shall be amended to add a sentence to the end of the paragraph and the remainder of the subsection shall remain the same: Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. An Open Air Structure as defined in Section III above may be allowed up to an additional three percent (3%) lot coverage. Additional Regulations for Neighborhoods 3 & 4: ... 2.04 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Exhibit "8" entitled "Development Standards," Section IV. entitled LOT TYPE REGULATIONS, Section C entitled "Lot Type 3," Subsection 5 entitled "Area Regulations" shall be amended so that the second paragraph of Subsection (C)(5) entitled "Lot Coverage," shall be and read in its entirety as follows and the remainder of the subsection shall remain the same: Ord. 2010-13 (File 102010-241) 3 Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. An Open Air Structure as defined in Section III above may be allowed up to an additional three percent (3%) lot coverage. 2.05 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PO No. 27, Exhibit "8" entitled "Development Standards," Section IV. entitled LOT TYPE REGULATIONS, Section 0 entitled "Lot Type 4," Subsection 5 entitled "Area Regulations" shall be amended so that the second paragraph of Subsection (0)(5) entitled "Lot Coverage," shall be and read in its entirety as follows and the remainder of the subsection shall remain the same: Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. An Open Air Structure as defined in Section III above may be allowed up to an additional three percent (3%) lot coverage. 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. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PO No. 27 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 Ord 2010-13 (File 10 2010-241) 4 Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. 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 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 publish, the Caption, Penalty and Effective Date 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 in accordance with the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. Ord. 2010-13 (File 102010-241) 5 PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas, this 17th day of May, 2010 . Mayor, Connie White Town of Trophy Club, Texas ATTEST: [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Ord 2010-13 (File 102010-241) 6