ORD. 2021-28 - P&Z Beck TownhomesTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.2021-28 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO.2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE,
AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN
BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS AN APPROXIMATE 4.900 ACRE TRACT OF
LAND CURRENTLY ZONED "MH" — HUD -CODE
MANUFACTURED HOME AND INDUSTRIALIZED HOUSING
DISTRICT TO A PLANNED DEVELOPMENT TO ALLOW FOR
CONSTRUCTION OF 35 TOWNHOMES AND ASSOCIATEDOPEN
SPACE LOTS; PROVIDING FOR EXHIBIT "A", PD
DEVELOPMENT STANDARDS"; AND PROVIDING FOREXHIBIT
`B", "CONCEPT 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 SHALL REFLECT THE PD ZONING FOR
SUCH 4.9 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 211 of the Texas Local
Government Code, to regulate Land use, and property development within the Town for
the public health, safety and general welfare;
WHEREAS, the owner of the tract of land, collectively described as a 4.900 acre
tract of land, zoned MH — HUD -Code Manufactured Home and Industrialized Housing
District, and such land being further described in Exhibit "A", attached hereto and
incorporated herein, (the "Land"), filed an application with the Town's Planning and
Zoning Commission requesting a change in zoning of the Land into PD, Planned
Development. Such application further requested an amendment to the official Zoning
District Map of the Town in accordance with Chapter 14 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 a
public hearing was conducted, and after considering the information submitted at that
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 Comprehensive Zoning Ordinance 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,
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; and
WHEREAS, the Planning and Zoning Commission having given its
recommendation for approval of the adoption of the amendments to the Comprehensive
Zoning Ordinance, and pursuant to Section 14.02.403(b)(3) of the Town's Code of
Ordinances, the Town Council has voted by at least a three-quarters (3/41") majority of its
members to approve the amendments to the Comprehensive Zoning Ordinance;
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.
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, adopting the Zoning Map, codified in Chapter 14 of
the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following
particulars:
A. The zoning of the Land, being a 4.900 acre tract of land described
in Exhibit "A" and Exhibit "B", attached hereto and
incorporated herein, is hereby changed to adopt provisions for a
Planned Development in accordance with the requirements of
this Ordinance, all applicable parts of Chapter 14, the Zoning
Code, and all other applicable ordinances, rules and regulations
of the Town. The Zoning Map is hereby amended to reflect the
"PD" Planned Development designation for the tract of Land.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town 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 5.
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 portion of the Ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
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 7.
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 every day such offense shall continue shall be deemed to constitute a
separate offense.
SECTION 8.
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 9.
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 the Town of Trophy Club, Texas,
this the 13th day of December, 2021. k
ATTEST:
i
T wn Secretary
Town of Trophy Club, Texas
I ROP )-
® 0'
TO FORM: ,
T�,o.�wn,Attorney
"L�oi of Trophy Club, Texas
Exhibit A
PD DEVELOPMENT STANDARDS
The purpose of this Planned Development is to establish a townhome residential district
similar in nature and scope to the existing townhome development known as Trophy
Club Town Center Addition, Lots 1-5 1, Block A.
1. Townhome Residential General:
a. Townhome Residential shall be single family residential units on
individually platted lots.
b. The lots (and the dwelling unit primary pedestrian entry) must front on the
26' private access roadway as depicted on the Concept Plan.
c. Townhome Residential garages shall be oriented to the private access
roadway.
d. Accessory buildings shall not be allowed on private lots.
e. Townhome Residential lots shall be clustered into a minimum of 3 and a
maximum of 8 contiguous units per cluster separated by pedestrian
circulation areas (minimum 10 feet in width) or the private access roadway.
Clustering must meet all building/fire code requirements.
f. Where Townhome Residential lots are clustered, individual dwelling units
shall abut one another, but must contain code compliant fire separation
walls as required by the Town building and fire codes, centered on the
common lot lines.
g. Each Townhome Residential lot shall be served individually by water,
sewer, electric, gas, and other typical utilities.
h. Areas for recreational and open space may be platted into one or more lots.
i. A property owner's association must be created during the final plat
process and will be responsible for maintenance of all common elements.
j. Wherever feasible within the common areas, a minimum 4' wide concrete
sidewalk shall be provided to facilitate pedestrian access to existing
walking trail.
k. Main entry shall be gated.
1. No capped gas well head on buildable area of any lot.
m. Abandon all pipeline easements located within the potential platfor the
development by separate instrument to be noted on the final plat and record
separate instrument
n. Convey by separate instrument and record with denotation on the final plat
saying the private road easement located within the potential plat for the
development to the HOA be denoted on the final plat.
2. Townhome Residential maximum density: the maximum number of
Townhome/Townhouse units is 35 units.
3. Townhome Residential minimum floor areas areas follows:
a. Ground floor —1,500 sf minimum inclusive of garage parking and covered
breezeways and vestibules associated with Townhome Residential
pedestrian entry/exit.
b. Second floor -800 sf minimum.
c. Townhome Residential shall not exceed 2 stories.
d. Townhome Residential minimum total floor area -2,300 sf. of air-conditioned
space.
4. Townhome Residential lot size and lot coverage:
a. Minimum lot size per dwelling shall be 3,000 sf.
b. Minimum lot width per dwelling shall be 30 feet.
c. Minimurn lot depth per dwelling shall be 100 feet.
d. Minimum lot coverage per dwelling shall be 60%.
e. Maximum lot coverage shall be 80%.
5. Townhome Residential Setbacks:
a. Front setback
i. Front setback shall be a minimum of 1.0 feet, as measured from the
face of curb at the vehicle access drive, dedicated to landscaping,
hardscaping, and/or driveways.
ii. Decorative building elements, canopies, eaves, covered
breezeways and vestibules associated with Townhome Residential
pedestrian entry/exit, balconies, and bay windows may project up
to 6 feet into this setback.
b. Side setback
i. Where Townhome Residential units abut adjacent Townhome
Residential units and a code compliant fire separation wall is
provided, there shall be no required side setback.
ii. Where Townhome Residential units abut the private access
roadway, a 10 foot setback shall be required, which shall include
landscaping and hardscaping, including trees and shrubs.
Decorative building elements may project up to 5 feet into this
setback except where limited by building/fire code requirements.
iii. No off-street parking will be allowed within the side yard setback.
c. Rear setback
i. The minimum rear setback shall be 5 feet.
ii. No decorative building elements, eaves, covered breezeways and
vestibules associated with Townhome Residential pedestrian
entry/exit, balconies, and bay windows may project past the lot
line.
6. Townhome Residential Design Guidelines:
a. A minimum of 85% of the front, side and rear facade of Townhome
Residential shall be finished in masonry (brick, stone, stucco using the 3
step process, cast stone, or glass block).
b. No facade shall include a wall section greater than 30 feet in width without
incorporating a wall offset that changes the horizontal plane of the facade
by at least two feet. The wall offsets may be in the form of projections or
recesses.
Backyard fences shall be either decorative metal or solid wood, not to
exceed 8' in height.
7. A 3'minimum landscape buffer zone to include Photinia or comparable is required
along the southern boundary adjacent to High School to the South of Lots8, 9, &
22 A retaining wall (if needed) can be located within the buffer zone. Townhome
Residential Garage and Parking Requirements:
a. Each town home shall have a two (2) car garage.
b. Townhome Residential garages shall be oriented to vehicle access drives.
c. Each Townhome Residential unit requires one (1) guest parking space. The
total of guest parking required for clustered Townhome Residential may
be accommodated in designated off-street parking areas dispersed
throughout the Townhome Residential development.
8. Townhome Residential Trash:
a. Each dwelling unit shall individually house trash in an area not visible
from adjacent units or from the private access roadway and protected from
weather and pests.
b. Each dwelling unit shall be allowed to place trash containers in a
designated area adjacent to the unit's garage on designated trash collection
days.
9. Roof top equipment shall be screened from view and the top of the equipment shall
not be higher than the top of the parapet.
10. A crosswalk and lights substantially similar to the one shown in Exhibit B as
currently installed on Bobcat Boulevard with automatically or manually -activated
flashing signage will be installed with construction of the access drive as it crosses
the existing trail.
11. A five (5) foot wall maintenance easement (WME) along the Roanoke retaining
wall will be added to the final plat.
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