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ORD 1997-15 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 7_ 1 9 p& z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE ZONING ON A TRACT OF LAND LOCATED GENERALLY ALONG THE WEST SIDE OF TROPHY CLUB DRIVE BETWEEN STATE HIGHWAY 114 AND INDIAN CREEK DRIVE (AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN) FROM R-12 SINGLE FAMILY DISTRICT TO NS NEIGHBORHOOD SERVICE DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of land (the "Land"), generally described as a _ 11 . o 2_4_-L acre tract of land and as more particularly described in Exhibit A attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 94-09 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came on before the Planning and Zoning Commission and Town Council; and WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood, the fire hazards and other dangers possibly present and the securing of safety from the same, lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their 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 does hereby find that the rezoning approved hereby accomplishes such objectives; and -1- DOC N: 514072 WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings 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, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; 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 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. 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. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a i > _ n 2 a 7acre tract of land described in Exhibit A attached hereto and incorporated herein, heretofore zoned R-12 Single Family District is hereby changed to NS Neighborhood Service District. Section 3. Site plan. The Site Plan for the Land attached hereto as Exhibit A is approved and is hereby incorporated into and made a part of this Ordinance. The development and use of the Land i shall be in accordance with the Site Plan, this Ordinance, the Comprehensive Zoning Ordinance, and all other applicable ordinances of the Town. Section 4. Zoning mag. The Planning and Zoning Administrator is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Applicable regulations. In all respects the Land and all development thereon shall be subject to the standards, terms and conditions of the Site Plan, all applicable -2- DOC N: 514072 regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and pertinent ordinances and regulations of the Town. Section 6. Puroose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 7. Savings. 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. Section 8. 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 9. 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 10. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 51-.h day of AnanGt , 1997. Mayor, T—own of T ophy Club, Texas r•MwrAS Town Secretary, Town of Trophy Club, Texas -3- DOC n: 514072 APPROVED AS TO FORM: Town ttorney, Town of Trophy Club, Texas -4- DOC x: 514072 R-11 101 SITE PLAN sold: )•=sol N MUNICIPAL PARKING LOT 5TWIPING NOTES I. 4J' Wlpe STPFes TO 69 FAINTEV AS NoMjt - A. T16AW16 PAINT WNITE j rUmNG STAC8 m jmPNa 6, TOFFI6 R INT YELI6W O 49, a+o"o.c • AT e. TMPFIC' FAINT tSUe a OANOIUPWV F10KIAG M -ACE rMIMNG ANO aqG', a`o"o.a AT KANOICAWeP ACCEITWA`( To RAMI,. 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