ORD. 2021-12 - P&Z Open Air Accessory Structures TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-12 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2021-02 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 30, TROPHY CLUB TOWN CENTER, BY
REVISING THE DEVELOPMENT STANDARDS TO ALLOW FOR OPEN-
AIR ACCESSORY STRUCTURES ON TOWNHOME PROPERTIES;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING
AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; 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 A PUBLICATION
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; and
WHEREAS, on January 26, 2012, the Town adopted Ordinance No. 2012-04 P&Z
to create PD Planned Development No. 30, known as Trophy Club Town Center; and
WHEREAS, on March 3, 2014, the Town adopted Ordinance No. 2014-06 P&Z to
amend the Development Standards of PD Planned Development No. 30; and
WHEREAS, on March 29, 2016, the Town adopted Ordinance No. 2016-11 P&Z
to amend the Development Standards of PD Planned Development No. 30; and
WHEREAS, on January 26, 2021, the Town adopted Ordinance No. 2021-02 P&Z
to amend the Development Standards of PD Planned Development No. 30; and
WHEREAS, townhome property owners have expressed a desire to construct
open-air accessory structures in their yards for shade; and
WHEREAS, all legal requirements and conditions were complied with, and 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 & Zoning Commission of the
Town has recommended to the Town Council the adoption of the amendments to
Ordinance No. 2021-02 P&Z as set forth in this Ordinance; and
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WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission and the information and other materials received at
the public hearing, the Town Council has concluded that the adoption of this Ordinance
allowing for open-air accessory structures on townhome properties located on Claire
Drive within the Trophy Club Town Center, zoned as PD Planned Development No. 30,
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:
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
Ordinance No. 2021-02 P&Z of the Town of Trophy Club, Texas, the same being
PD Planned Development No. 30, is hereby amended in the following particulars and
conditions, and all other articles, chapters, sections, paragraphs, sentences, phrases, and
words are not amended but are hereby ratified and affirmed.
Section II.F.5.a.iv of the Development Standards of PD Planned Development No.
30 is hereby amended as follows.
"iv. Accessory structures
1) Enclosed accessory buildings shall not be allowed on residential
lots. This includes, but is not limited to, greenhouses, storage
sheds, workshops, guest houses, and garages.
2) Open-air accessory structures such as patio covers, pergolas,
arbors, cabanas, pavilions, and gazebos are allowed. These
shade structures shall be detached from the residential dwelling,
shall be located in the backyard, shall be a minimum of 6 feet
from rear and side lot lines, shall not have any walls, shall not
exceed 15 feet in height, and shall not increase the size of the
existing concrete pad."
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SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the 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
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 5.
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 less than One Dollar ($1.00) nor 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. The penalty provided by this section shall be
cumulative of all other penalties allowed by law, including without limitation, civil remedies
available for enforcement of this Ordinance.
SECTION 6.
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.
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SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 8th day of June 2021.
�Alici F eury, Ma or
wn of Trophy drub, Texas
ATTEST: O O<C
W
v �
L ti k, TRMC/CMC/MMC gRY 1,1g�h
Town Secretary/RMO
Town of Trophy Club, Texas
APPRO ED TO AS FORM:
J avid Dodd III, Tow orney
wn of Trophy Club, Texas
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