ORD 2002-06 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002- 06 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 1999-11, THE SAME BEING AN ORDINANCE ADDING NEW
PROVISIONS FOR BUILDING HEIGHT REGULATIONS FOR PD PLANNED
DEVELOPMENT #20, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S
GLEN, PHASE II, WHICH WAS CREATED BY AMENDMENT TO THE THEN
CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 P&Z;
PROVIDING FOR THE CORRECTION OF CLERICAL ERRORS
REFERENCING INCORRECT ORDINANCE NUMBERS THROUGHOUT
ORDINANCE 1999-11; 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-I1, the same
being an Ordinance adding new provisions for building height regulations for PD Planned
Development #20, generally known as the Estates of Hogan's Glen, Phase 11. PD Planned
Development #20 was created by amendment to the then current Comprehensive Zoning
Ordinance No. 98-24 P&Z, the Town having determined that such amendment was in the best
interests of the Town of Trophy CIub, Texas and of the public health, safety and welfare;
WHEREAS, after the adoption of Ordinance No. 1999-I1, inadvertent clerical errors
were discovered whereby Ordinance No. 1999-11 erroneously indicated that it was an
amendment to Ordinance No. 1999-10, which was an incorrect numerical citing for the
Ordinance that created PD Planned Development #20, and also incorrectly referenced the
Comprehensive Zoning Ordinance as Ordinance No. 94-09;
WHEREAS, having been unable to locate a copy of the original Ordinance creating PD
Planned Development 020, Town Council subsequently adopted an Ordinance ratifying the
original Council action taken on January 19, 1999, approving the creation of PD #20. Such
Ordinance is currently referenced as Ordinance No. 2002-04 P&Z;
WHEREAS, 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. 1999-11 to correct all clerical errors and ratify all other provisions of Ordinance
No. 1999-11; having concluded 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. 1999-11 of the Town of Trophy Club, Texas, the same being an ordinance
adding new provisions for building height regulations for PD Planned Development #20,
generally known as the Estates of Hogan's Glen, Phase 11, which was created by amendment to
then current Comprehensive Zoning Ordinance No. 98-24 P&Z, is hereby amended in the
following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and
terms of Ordinance No. 1999-11, or any other amending ordinances thereof, are hereby ratified
and affirmed. Ordinance No. 1999-11 shall be amended to reflect the following:
A. That all references to Ordinance No. 1999-10 in the caption and body of
Ordinance 1999-11 shall be changed to reference the Ordinance ratifying the
creation of PD Planned Development #20, such Ordinance which has recently
been adopted to ratify the original council action taken on January 19, 1999, to
adopt the provisions for PD Planned Development #20 and amend the official
zoning map. Such Ordinance is currently referenced as Ordinance No. 2002-04
P&Z.
B. That all references to Comprehensive Zoning Ordinance No. 94-09 shall be
changed to reference Comprehensive Zoning Ordinance No. 98-24 P&Z, the then
current Comprehensive Zoning Ordinance which was amended to create PD
Planned Development #20.
SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town to reflect all corrections herein made.
-2-
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.
SECTION S.
SAVINGS
All rights and remedies of the Town of Trophy CIub, 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 b.
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.
-3-
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 the Town'C &cil �f the
this 7th day of January, 2002. J /
of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
EFFECTIVE: January lb. 2002
of Trophy Club, Texas,
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999- 11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 1999- 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, PHASE II; BY AMENDING EXHIBIT C OF
SAID ORDINANCE, BY AMENDING SUBSECTION D, HEIGHT
REGULATIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFEC71VE 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 1999-10 , 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. 1999- 10 ofthe 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 6.6589 acre tract of
land as described in Exhibit "A" attached thereto and incorporated therein, from its current zoning
of R-12 Single Family Residential and R-15 Single Fancily Residential to PD Planned Development
#20 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 '/2) stories. The building height shall be
determined by the pitch of the roof."
TOWN OF TROPHY CLUB ORDINANCE 1999-
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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 in the 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 full force and effect from and after its date of passage and
publication.
TOWN OF TROPHY CLUB ORDINANCE 1999-
S.NSHAREILAW WPITIFFANY\Trophy CIub\0PDINANCIPD20.AMD PAGE 2
AND IT IS SO ORDAINED
PASSED AND APPROVED by a vote of s to o , this the 1st
day of .Tune 1999,
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
-7-11, �.
Ljw-
TownhWmey
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB ORDINANCE 1999-
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