ORD 2006-08TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-08 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 A 1.767 ACRE TRACT OF
LAND, LOCATED GENERALLY TO THE NORTH OF THE
MUNICPAL UTILITY DISTRICT WASTEWATER TREATMENT
PLANT FACILITY AND SOUTH OF THE TOWN'S
NORTHEASTERN CITY LIMIT, AND BEING PART OF THE
MARY MEDLIN SURVEY, A-832 WITHIN THE TOWN AND
MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A"
ENTITLED "FIELD NOTES" AND EXHIBIT `B" ENTITLED
"EAST MAINTENANCE FACILITY" A COPY OF WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN, FROM
ITS ZONING DESIGNATION OF R-12 SINGLE FAMILY
RESIDENTIAL TO CR — COMMERCIAL RECREATION;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING
THAT THE ZONING MAP SHALL REFLECT THE CR ZONING
FOR SUCH 1.767 ACRE TRACT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; 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 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;
WHEREAS, the owner of the tract of land (the "Land"), described as a 1. 767
acre tract of land currently zoned R-12 Single Family Residential, said tract being more
specifically 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 into "CR", Commercial Recreation and an amendment to the official
Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z 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 before the Planning and Zoning Commission; and
WHEREAS, 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 and Zoning
Commission of the Town has recommended to the Town Council the adoption of the
amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z 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;
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.
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
Ordinance No. 2000-06 P&Z 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 1.767 acre tract of land described in
Exhibit "A" attached hereto and incorporated herein, heretofore zoned R-
12 Single Family Residential, is hereby changed to "CR" Commercial
Recreation, in accordance with the requirements of all applicable parts of
the Comprehensive Zoning Ordinance, and all other applicable ordinances,
rules and regulations of the Town.
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to marl: and indicate on
the official Zoning District Map of the Town the zoning change herein made.
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 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 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances 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.
SECTION 7.
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 zoning, 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 9.
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 10.
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 11.
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 12.
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 17°i day of April, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary OF TROA
Town of Trophy Club, Texas �� tiL
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APPROVED TO AS FORM: \ 4
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Town Attorney
Town of Trophy Club, Texas