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ORD 1991-01FORDINANCE 91-01 F TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 91-OIF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-011 THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN, AS FOLLOWS: ADDING A NEW SECTION 12 RELATING TO THE PROCEDURE FOR CLASSIFYING OF NEW AND UNLISTED USES; AMENDING PARAGRAPH C. OF SECTIONS 14 THROUGH 25 RELATING TO THE GENERAL USE OF LAND WITHIN THE SEVERAL RESIDENTIAL DISTRICTS; AMENDING PARAGRAPH G. OF SECTIONS 14 THROUGH 17 AND PARAGRAPH I. OF SECTIONS 18 AND 19 (ALL SINGLE FAMILY DISTRICTS) RELATING TO THE CONSTRUCTION OF GARAGES; AMENDING SECTION 17 (R-10 SINGLE FAMILY DISTRICT) BY INCREASING THE MINIMUM FIRST FLOOR AREA FOR RESIDENCES WITH MORE THAN ONE STORY FROM 1,200 TO 1,800 FEET; AMENDING PARAGRAPH B. OF SECTIONS 27 THROUGH 31 RELATING TO THE GENERAL USE OF LAND WITHIN THE SEVERAL NON-RESIDENTIAL DISTRICTS; AMENDING SECTIONS 20 (R -FAIRWAY VILLAGE SINGLE FAMILY DISTRICT), 21 (R -TWENTY - IN -TROPHY SINGLE FAMILY DISTRICT), 22 (R -OAK HILL SINGLE FAMILY DISTRICT), 23 (R -OAK HILL PATIO SINGLE FAMILY DISTRICT), 24 (R -SUMMIT SINGLE FAMILY DISTRICT) BY ADDING A NEW PARAGRAPH H. PROHIBITING GARAGES FROM FACING A GOLF COURSE; AMENDING THE AREA REGULATIONS OF SECTIONS 27, 28, AND 30 BY DELETING THE REQUIREMENTS FOR WIDTH AND DEPTH OF LOT; AMENDING SECTION 25 (MH -HUD CODE MANUFACTURED HOME REGULATIONS) BY AMENDING PARAGRAPH B. RELATING TO THE DEVELOPMENT OF LAND, AND BY ADDING A NEW PARAGRAPH O. PROHIBITING GARAGES FROM FACING ANY PUBLIC DEDICATED RIGHT OF WAY OR GOLF COURSE; AMENDING SECTION 26 (PD PLANNED DEVELOPMENT DISTRICT) BY REVISING IN ITS ENTIRETY PARAGRAPH B. RELATING TO USES WITHIN A PLANNED DEVELOPMENT DISTRICT, BY REQUIRING THAT A SITE PLAN OR REGULATIONS BE APPROVED AT THE TIME OF THE APPROVAL OF THE PLANNED DEVELOPMENT ORDINANCE, BY ADDING A REQUIREMENT THAT A CONCEPT PLAN BE APPROVED PRIOR TO SUBMITTING A SITE PLAN, AND BY AMENDING PARAGRAPH G. RELATING TO SITE PLAN REQUIREMENTS; AMENDING SECTION 27 (NS NEIGHBORHOOD SERVICE) BY INCREASING THE SETBACK FROM A RESIDENTIAL DEVELOPMENT FROM 15 TO 40 FEET; AMENDING SECTION 33 (TEMPORARY USES) BY AMENDING PARAGRAPH A. RELATING TO PERMITTED USES BY ADDING REAL ESTATE SALES OFFICES AND DELETING THE SAME FROM SECTION 42 (CONDITIONAL USES), PARAGRAPH F, AND BY ADDING OFF STREET PARKING FOR MODEL HOMES, AND BY AMENDING PARAGRAPH C. RELATING TO TEMPORARY USE PERMIT AND PARAGRAPH D. RELATING TO TIME PERIOD; PROVIDING FOR REARRANGING AND RENUMBERING OF ARTICLES, SECTIONS, PARAGRAPHS, SENTENCES, PHRASES AND WORDS OF THE COMPREHENSIVE ZONING ORDINANCE, BUT WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING AN EFFECTIVE DATE. -1- WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in accordance with a Comprehensive Plan, heretofore adopted a Comprehensive Zoning Ordinance for the Town, the same being Ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, the Town Council is, pursuant to Chapter 211, Tex. Loc. Gov. Code (Vernon), as amended, authorized and empowered to amend the Comprehensive Zoning Ordinance; and WHEREAS, the Town Council has adopted and approved this Ordinance amending the Comprehensive Zoning Ordinance taking into consideration the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance promotes the health and general welfare of the citizens of the Town; and WHEREAS, public notice of a meeting to consider changes to the Comprehensive Zoning Ordinance were given in compliance with State law and the said Ordinance, which notice provided for a hearing to be conducted on April 20, 1993, on which date the said public hearing was continued by both the Town Planning and Zoning Commission and Town Council to a date certain, the matter coming on for public hearing on July 20, 1993 as to the parts of the Comprehensive Zoning Ordinance amended and revised as set forth herein; and WHEREAS, after considering the information submitted at the said public hearing 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 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 hearings, 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Preamble,. That the above and foregoing preamble is true and correct and is incorporated into the body of this ordinance as if copied herein in its entirety. Section 2. Amendments to Comprehensive Zoning Ordinance. That Ordinance No. 91-01 of the Town, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following -2- particulars, and that all other Articles, chapters, sections, subsections, paragraphs, sentences, phrases and words are not amended but are hereby ratified, verified, approved and affirmed: A. That a new Section 12 relating to the classification of new and unlisted uses shall be added to read as follows: "SECTION 12 - CLASSIFICATION OF NEW AND UNLISTED USES A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the uses and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements of public utilities, such as water and sanitary sewer. B. Assignment to Use Distract: The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted. C. Recommendation to the Town council: The Planning and Zoning Commission shall transmit its finding and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall, by resolution, or minute order, approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings." B. That Section 14, R-15 Single Family District, shall be amended by amending paragraphs C. and I. thereof so that they shall hereafter read as follows: "'C. Uses Generally: In an R-15 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any -3- use other than as set forth in Section 13, Use Tables, and in accordance with the following: "I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses." C. That Section 15, R-12 Single Family District, shall be amended by amending paragraphs C. and 1. thereof so that they shall hereafter read as follows: "C. Uses Generally: In an R-12 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: "z. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses." D. That Section 16, R-11 Single Family District, shall be amended by amending paragraphs C. and I. thereof so that they shall hereafter read as follows: "C. Uses Generally: In an R-11 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: "I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses." E. That Section 17, R-10 Single Family District, shall be amended by amending paragraphs C., F. and I. thereof so that they shall hereafter read as follows: r'C. Uses Generally: In an R-10 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: -4- "F. Area Regulations: The following minimum standards shall be required measured from property lines: 4. Minimum Floor Area... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: *Those residences with more than one (1) story shall have a minimum first floor area of 11,800 square feet." "I. Garages: Garages will not be allowed to face any public dedicated right-of-way or golf course." F. That Section 18, R-9 Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: C. Uses Generally: In an R-9 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: * * * * * * * * * * * * * * * * * * * * *rr "I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses." G. That Section 19, R-8 Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: "C. Uses Generally: In an R-8 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: r'H. Garages: Attached garages are not permitted to face any public dedicated street for all lots which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous lots may have front entry attached garages. Attached garages are not -5- permitted to face any side street. Detached garages shall comply with Section 35, Accessory Structures and Uses." H. That Section 20, R -Fairway Village Single Family District, shall be amended by amending paragraph C. and by adding a new paragraph H. so that it shall hereafter read as follows: C. Uses Generally: In an R -Fairway Village Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: "H. Garages: Attached and detached garages shall not face a golf course. $' I. That Section 21, R -Twenty In Trophy Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: "C. Uses Generally: In an R -Twenty -In -Trophy Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: "I. Garages: Attached and detached garages shall not face a golf course." J. That Section 22, R -Oak Hill Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: "C. Uses Generally: In an R -Oak Hill Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in, accordance with the following: "I. Garages: Attached and detached garages shall not face a golf course." K. That Section 23, R -Oak Hill Patio Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: -6- "C. Uses Generally: In an R -Oak Hill Patio Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: * it IIH. Garages: Attached and detached garages shall not face a golf course." L. That Section 24, R -Summit Single Family District, shall be amended by amending paragraph C. and H. thereof so that they shall hereafter read as follows: 11C. Uses Generally: In an R -Summit Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: IIH. Garages: Attached and detached garages shall not face a golf course." M. That Section 25, MH -HUD Code Manufactured Home and Industrialized Housing District, shall be amended by amending paragraphs B. and C. and by adding a new paragraph o. thereof so that they shall hereafter read as follows: IIB. HUD -Code Manufactured Home / Industrialized Housing Subdivision: Land within the "MH11 District will be developed as a HUD -Code Manufactured Home or Industrialized Housing subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the Planning and Zoning Commission. All roadways within a HUD -Code Manufactured Home or Industrialized Housing subdivision shall be dedicated to the public. Private interior drives must be approved by the Town. Land zoned 11MH11 which is not developed as a HUD - Code Manufactured Home or Industrialized Housing Subdivision may be developed as R11, R12, or R15, so long as it is developed in accordance with the regulations of said district. In such case manufactured homes or industrialized housing will not be permitted." -7- 'rC. Uses Generally: In an MH -HUD Code Manufactured Home and Industrialized Housing District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: 110. Garages: Attached and detached garages shall not face any public dedicated right-of-way or the golf course." N. That Section 26, PD Planned Development District Regulations, shall be amended by amending paragraphs B., C. and G., and by adding a new paragraph G. entitled "Concept Plan" so that they shall hereafter read as follows: rrB. Planned Development Uses: In a PD Planned Development District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided: 1. Residential Planned Developments: shall be considered appropriate where the following conditions prevail: a. The projected utilizes innovative •land development concepts and is consistent with the Comprehensive Land Use plan and the goals and objectives of the Town; b. Dwelling units are situated such that an appreciable amount of land for open space is available and is integrated throughout the planned development; C. The project utilizes an innovative approach in lot configuration and mixture of single family housing types; d. Higher densities than conventional single family projects of the same acreage is achievable with appropriate buffering between existing conventional single family developments and increased open space; e. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement; -8- f. Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional single family projects; and g. The project provides a compatible transition between adjacent existing conventional single family residential projects and provides a compatible transition for the extension of future conventional single family projects into adjacent undeveloped areas. 2. Non -Residential Planned Developments: shall be considered appropriate where the following conditions prevail: a. The projected utilizes innovative land development concepts and is consistent with the Comprehensive Land Use plan and the goals and objectives of the Town; b. Non-residential uses are situated such that an appreciable amount of land is available for open space or joint use as parking space and is integrated throughout the planned development; C. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement; d. Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional non-residential projects; and e. The project provides a compatible transition between adjacent existing single family residential projects and provides a compatible transition for the extension of future single family projects into adjacent undeveloped areas. 3. Accessory Uses: Accessory uses shall be permitted in a PD in accordance with the regulations provided in Section 35, Accessory Buildings. Any accessory use permitted within the residential districts o the Town of Trophy Club shall be permitted as accessory uses to a principal use provided that no accessory use shall be a source of income to the owner or occupant of the principal use. 4. Conditional, Uses: defined in Section 4; be permitted in the District. Any conditional uses as Conditional Uses, shall PD, Planned Development C. Density, Area and Height Regulations: The following density, area and height regulations shall apply: 3. In approving the Planned Development Ordinance and Planned Development Site Plan the Town Council shall, after recommendation by the Planning and Zoning Commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening, walls or landscaping, building area, open space pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a Planned Development District. Such standards shall be specified in the ordinance establishing the district, and in the Planned Development Site Plan, which shall be made a part of the ordinance establishing the district. Approval of the ordinance, resulting in a PD designation being given to the property, may not occur without the Planned Development Site Plan or specific regulations being provided at the time of initial approval. However, conditional to the development of PD zoned property is the requirement that the Planned Development Site Plan and specific density, area, and height regulations must be approved by the Town Council prior to issuance of a building permit by the Town." "G. Concept Plan: The applicant for any PD Planned Development shall submit a concept plan to the Planning and Zoning Commission and the Town Council for approval prior to submitting a Planned Development Site Plan. The concept plan shall contain appropriate information to describe the general land use configuration, proposed densities or lot sizes, proposed amenities, and proposed area regulations." -10- H. Planned Development Site Plan: No applicant shall be granted development approval and no building permit shall be issued until a Planned Development Site Plan has bee approved by the Town Council in accordance with this Section. The following items shall be shown on the Planned Development Site Plan: 1. The location of all existing and planned non -single family structures on the subject property. 2. Landscaping and lighting and/or fencing and/or screening of common areas. 3. General locations of existing tree clusters, providing average size and number and indication of species. 4. Location and detail of perimeter fencing if applicable. S. Design of ingress and egress with description of special paver treatment if proposed. 6. Off-street parking and loading facilities, and calculations showing how the quantities were obtained for all non -single family purposes. 7. Height of all non -single family structures. 8. Proposed uses. 9. The location and types of all signs, including lighting and heights for parking lots and common areas. 10. Elevation drawings citing proposed exterior finish materials for all non -single family structures. 11. Location and description of subdivision signage and landscaping at entrance areas. 12. Street names on proposed streets. 13. Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. 14. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. if the property is to be final platted, theses may be provided at that time. -11- 15. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary." 0. That Section 27, Neighborhood Service District, shall be amended by (i) deleting subparagraphs 7. (width of lot) and 8. (depth of lot) from paragraph F. (Area Regulations), and by (ii) amending paragraphs B. (Uses Generally) and G. (Buffered Area Regulations) so that they shall hereafter read as follows: "B. In a NS Neighborhood Service District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section .13, Use Tables, and in accordance with the following: "G. Buffered Area Regulations: Whenever a NS Neighborhood Service Development is located contiguous to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses." P. That Section 28, CG Commercial General District, shall be amended by (i) deleting subparagraphs 7. (width of lot) and 8. (depth of lot) from paragraph F. (Area Regulations) , and by (ii) amending paragraph B. (Uses Generally) so that it shall hereafter read as follows: "B. In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: Q. That Section 29, CR Commercial Recreation District, shall be amended by amending paragraph B. (Uses Generally) so that it shall hereafter read as follows: "B. In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: -12- R. That Section 30, Professional Office District, shall be amended by (i) deleting subparagraphs 7. (width of lot) and 8. (depth of lot) from paragraph F. (Area Regulations), and by (ii) amending paragraph B. (Uses Generally) so that it shall hereafter read as follows: "B. In a PO Professional Office District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: S. That Section 31, GU Governmental Use District, shall be amended by amending paragraph B. (Uses Generally) so that it shall hereafter read as follows: '"B. In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: U. That Section 33, Temporary Uses, shall be amended by amending paragraphs A. (Permitted Uses), C. (Temporary Use Permit) and D. (Time Period) so that they shall hereafter read as follows: "A. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted by the Zoning Administrator in any district for a period not to exceed a period of thirty (30) days, except for items 7, 11 and 12 below: 11. Real estate sales offices, but only during the development of residential subdivisions, provided that such use shall not be permitted form more than three (3) years and such office shall only be located in a permanent residential structure. 12. Off-street parking for Model Homes in residential districts, provided on one lot which complies with all setback requirements for the district in which it is located." C. Temporary Use Permit: A permit for the temporary use of any property for the above listed uses shall be secured from the Town Planning and Zoning Administrator prior to -13- such use and after payment of all applicable fees . D. Time Period: Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off-street parking for model home in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. Annual Extensions of the temporary use permit may be issued by the Zoning Administrator upon written request by the applicant." Section 3. Rearrangement and Renumbering. There is hereby authorized the renumbering and/or rearrangement of the articles, sections, paragraphs, sentences, phrases and words of the Comprehensive zoning Ordinance for the purpose of effecting the amendments to the said Ordinance set forth herein; provided, however, that no such renumbering and/or rearrangement shall change the meaning or effect of any such part of the Comprehensive Zoning Ordinance, and such a renumbering and/or rearrangement is hereby deemed and found to be a non -substantive change to the Comprehensive Zoning Ordinance. Section 4. Asterisks. Where an asterisk (*) appears in this Ordinance, unless the context indicates otherwise, the same represents text of the Comprehensive Zoning Ordinance which is not amended by this Ordinance and which is in all things ratified, verified, approved and affirmed. Section 5. Savings. That this Ordinance shall be cumulative of all other ordinances of the Town affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 6. Severability. That 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. -14- Section 7. That this Ordinance shall become effective from and after its date of adoption as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 20th day of July, 1993. M yor, Town a phy Club, Texas ATTEST: z Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 40 laorney, A Town Trophy Club, Texas -15-