ORD 2006-27TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 — 27 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 4.038 ACRE TRACT OF LAND, LOCATED
GENERALLY TO THE EAST AND THE SOUTH OF THE
MUNICIPAL UTILITY DISTRICT WASTEWATER TREATMENT
PLANT FACILITY, 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 "4.038 ACRES" 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 4.038 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, on April 17, 2006, the Town Council adopted Ordinance No.
2006-07 P&Z, changing the zoning on a tract of land (the "Land"), described as a
1.767 acre tract previously zoned R-12 Single Family Residential, to CR
Commercial Recreation, said tract being located to the generally to the east of
the Municipal Utility District Wastewater Treatment Plant facility and south of the
Town's northeastern city limit; and
WHEREAS, since the adoption of Town Ordinance No. 2006-07 P&Z, the
developer sought to increase the size of the tract of land to 4.038 acres, and filed
an application with the Town Planning & Zoning Commission requesting a
change in zoning of the Land into "CR" Commercial Recreation, and an
amendment to the official Zoning Map of the Town, more specifically described in
Exhibit "A", attached hereto and incorporated herein; 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 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 4.038 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 mark 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 215` day of August, 2006.
Mayor
Town of Trophy Club, Texas
Effective August 26, 2006
Date:
[SEAL]
ATTEST:
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Town Secretary %jF TRpA
Town of Trophy Club, Texas til
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APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Club, Texas