ORD 2002-05 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 05 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 1999-10, THE SAME BEING AN AMENDMENT TO
ORDINANCE NO. 96-10 WHICH CREATED PD PLANNED DEVELOPMENT #17
AND AMENDED THE THEN CURRENT COMPREHENSIVE ZONING
ORDINANCE NO. 94-09 OF THE TOWN, TO ADOPT NEW REGULATIONS FOR
BUILDING HE, AND DEPTH OF FRONT YARD FOR PD PLANNED
DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S
GLEN; PROVIDING FOR THE CORRECTION OF A CLERICAL ERROR IN
THE CAPTION OF ORDINANCE 1999-10; AMENDING THE OFFICIAL ZONING
MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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, Texas, is a Type A General Law Municipality
located in Denton County, Texas, created and operating in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas;
WHEREAS, on the 1st day of June, 1999, after due deliberations and consideration of
the recommendation of the Planning and Zoning Commission and the information and other
materials received at public hearing, the Town Council adopted Ordinance 1999-10, amending
Ordinance No. 96-10 which amended then current Comprehensive Zoning Ordinance No. 94-09.
Ordinance No. 1999-10 was adopted to add provisions for building height regulations and
requirements for the depth of front yards to PD Planned Development #17, generally known as
the Villas of Hogan's Glen; the Town having determined that such amendment was in the best
interests of the Town of Trophy Club, Texas and of the public health, safety and welfare;
WHEREAS, since the adoption of Ordinance 1999-10, an inadvertent clerical error was
discovered whereby the caption of such Ordinance erroneously referenced the "Estates of
Hogan's Glen" rather than "The Villas of Hogan's Glen" which is the correct nomenclature for
PD Planned Development #17; and
WHEREAS, having discovered such error and after due deliberation and consideration
by the Planning and Zoning Commission and the Town Council of the Town of Trophy Club,
Texas at properly posted hearings, the Town Council now deems it necessary to adopt this
Ordinance amending Ordinance No. 1999-10 by correcting all clerical errors, and concludes that
such adoption is in the best interest of the Town 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 PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDING
Ordinance No. 1999-10 of the Town of Trophy Club, Texas, the same being an
amendment to Ordinance No. 96-10 which amended then current Comprehensive Zoning
Ordinance 94-09 to add provisions for PD Planned Development #17, is hereby amended in the
following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and
terms of Ordinance No. 1999-10, or any other amending ordinances thereto, are hereby ratified
and affirmed. The caption of Ordinance No. 1999-10 shall be amended to reflect the following,
and shall read now as it should have read then:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING AN
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN AND
NOWN AS THE PLANNED DEVELOPMENT REGULATIONS OF THE
VILLAS OF HOGAN'S GLEN; BY AMENDING EXHIBIT C OF SAID
ORDINANCE, BY AMENDING SUBSECTION D, HEIGHT REGULATIONS;
AND BY AMENDING EXHIBIT C, SUBSECTION E (5), DEPTH OF FRONT
YARD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to marls and indicate on the
official Zoning District Map of the Town to reflect all corrections herein made.
SECTION 4.
CUMULATIVE
That this Ordinance shall be cumulative of all other Ordinances affecting the regulation
of land and zoning and shall not repeal any of the provisions of such Ordinances except for those
instances where there are direct conflicts with the provisions of this Ordinance.
2-
SECTION 5.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the platting and subdivision of land which have secured at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be affected
by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
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
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.
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 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 8.
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 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
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 th
this 'nth day of January, 2002.
ATTEST:
ZY
Town Secretary
Town of Trophy iub, Texas ,��''� 0LIJ'
[SEAL]
EFFECTIVE: January 16,_2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Q
-4-
xas,
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING AN
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN AND
KNOWN AS THE PLANNED DEVELOPMENT REGULATIONS OF THE
ESTATES OF HOGAN'S GLEN; BY AMENDING EXHIBIT C OF SAID
ORDINANCE, BY AMENDING SUBSECTION D, HEIGHT REGULATIONS;
AND BY AMENDING EXHIBIT C, SUBSECTION E (5), DEPTH OF FRONT
YARD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club, Texas is a Type A General Law Municipality
located in Denton County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, The Town Council of the Town of Trophy Club is authorized to adopt and/or
amend the rules governing zoning of land within the Town Limits to promote the health, safety, and
general welfare of the citizens; and
WHEREAS, The Town Council of the. Town. of Trophy Club has previously adopted
Ordinance 96-10, and Ordinance amending Ordinance 94-09, the Zoning Ordinance of the Town;
and
WHEREAS, The Town Council of the Town of Trophy Club now deems it necessary to
amend those regulations to provide for the safe, orderly, healthful environment of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
AMENDMENT
Ordinance No. 96-10 of the Town, the same being an amendment to the official Zoning Map
of the Town, changing the zoning on a certain tract of land described as a 9.8082 acre tract of land
as described in Exhibit "A" attached thereto and incorporated therein, from its current zoning of R-
12 Single Family Residential to PD Planned Development #17 for Single Family Residential uses;
by amending Exhibit "C", Subsection D, Height Regulations, to provide that "No building shall
exceed two and a half (2 1/2) stories. The building height shall be determined by the pitch of the
roof."; and by amending Exhibit "C", Subsection E (5), Depth of Front Yard, to provide for a
TOWN OF TROPHY CLUB ORDINANCE 1999-
SASHAREkLAW WPITIFFANY1Trophy ChjM0RDINANC1PD17MC PAGE 1
"Fifteen (15) foot minimum".
SECTION 2
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy
Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions
of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby
repealed.
SECTION 3
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstances 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.
SECTION 4
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting Zoning Regulations, which have accrued
at the time of the effective date of the Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same
—� shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5
ENGROSSMENT AND ENROLLMENT
The Town Secretary ofthe Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption, Publication Clause and Effective Date clause inthe minutes
of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance
records of the Town.
SECTION 6
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to publish in the Official
newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this Ordinance
for two (2) days as required by Section 52.011 of the Texas Local Government Code.
SECTION 7
EFFECTIVE DATE
This Ordinance shall be in Rill force and effect from and after its date of passage and
TOWN OF TROPHY CLUB ORDINANCE 1999-
S:ISHARF,ILAW—WPITIFFANY1TroplUy C1ub10RDINANC\PD17.D0C PAGE 2
publication.
AND IT IS SO ORDAINED
PASSED AND APPROVED by a vote of 5 to 0 , this the 1st
day of .Tune '1999.
Mayor
Town of Trophy Club, Texas
N
ATTEST.
Town Secretary
Town of Trophy C ub, Texas
APPROVED AS TO FORM:
—, I 'i A", -- I
Town At rn
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB ORDINANCE 1999- PAGE 3
SASHAREILAW WPITIFFANY\Traphy Cluhl0RDINANC1PD17.D0C