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ORD 1995-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 5 - 0 7 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SITE PLAN FOR CHURCH PURPOSES FOR THAT PROPERTY ZONED R-12 SINGLE FAMILY DISTRICT AND 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; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the tract of land (the "Land") located within the Town of Trophy Club, Texas (the "Town") and described in Exhibit "A" attached hereto and incorporated herein is currently zoned R-12 Single Family Residential; and WHEREAS, the owner of the Land desires to develop and use the Land for church purposes, a non-residential use; and WHEREAS, the Town's Comprehensive Zoning Ordinance, Ordinance No. 94-09 (the "Zoning Ordinance") requires that any land which is zoned R-12 and which is to be used for non-residential purposes must, prior to the approval of an application for a building permit, first have a site plan approved for such use; and WHEREAS, the owner of the Land desires to use the Land for church purposes, a non- residential use, and therefore in accordance with the Zoning Ordinance has submitted the site plan attached hereto as Exhibit "B" and incorporate herein to the Town for its review and approval; and. WHEREAS, notice of the request for approval of the site plan was provided in accordance with State law and the Zoning Ordinance, and all legal notices, requirements and conditions having been complied with, the request for site plan approval 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 certain factors in malting a determination as to whether or not the site plan should be approved, including the. fire hazards and other dangers possibly present and the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and DOC #: 242946 -1- WHEREAS, the Town Council further considered among other things the character of the district and the Land and its peculiar suitability for the use, 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 approval of the site plan hereby accomplishes such objectives; 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 hearing and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the approval of the site plan for the Land as set forth in this Ordinance; 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. Site plan. The Site Plan attached hereto as Exhibit "B" and incorporated herein for the Land described in Exhibit "A" attached hereto and incorporated herein is hereby approved. The Land shall be developed and used for church purposes in accordance with the said Site Plan and with all other applicable ordinances and regulations of the Town. The Site Plan may be modified or amended only upon compliance with Section 41 of the Comprehensive Zoning Ordinance and all other applicable ordinances. Section 3. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land or 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 4. Penal1y. 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section S. 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. DOC #: 242946 -2- Section b. Effective date. This Ordinance shall become effective from and after its date of passage as providers by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18 th day of Apr i 1 , 1995. M or, Town of Trophy lub, Texas ATTEST: r Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: o�v ttorney, Town of Trophy Club, Texas DOC #: 242946 -3- AMENDMENTS TO ORDINANCE 95-07 METHODIST CHURCH Ordinance # Date Description 97-15 08/05/97 From R-12 to N.S. (Neighborhood Services)