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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. m n m pe 11 30NOD G Nv9d id d x Lij YR 103 Is 1,; 05. a A 7) LL 'AF 44, Al A; , Whim -10 410, OR- -W,� z i, rA q N, vv- a, A ............ A 6A f k- m M, 4W I OW" 4 1 u 1 1 IZA­50., I 7 V " in U? - A% g tp ARM - be N -3, WN ISM lk�-77 47 �'Qq X" % WIN, 2";, OF, zz, Ak 'GAIS IVOEIOEI 4