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ORD 2002-05 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002 - 05 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 1999-10, THE SAME BEING AN AMENDMENT TO ORDINANCE NO. 96-10 WHICH CREATED PD PLANNED DEVELOPMENT #17 AND AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN, TO ADOPT NEW REGULATIONS FOR BUILDING HE, AND DEPTH OF FRONT YARD FOR PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN; PROVIDING FOR THE CORRECTION OF A CLERICAL ERROR IN THE CAPTION OF ORDINANCE 1999-10; 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 1999-10, amending Ordinance No. 96-10 which amended then current Comprehensive Zoning Ordinance No. 94-09. Ordinance No. 1999-10 was adopted to add provisions for building height regulations and requirements for the depth of front yards to PD Planned Development #17, generally known as the Villas of Hogan's Glen; the Town having determined that such amendment was in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare; WHEREAS, since the adoption of Ordinance 1999-10, an inadvertent clerical error was discovered whereby the caption of such Ordinance erroneously referenced the "Estates of Hogan's Glen" rather than "The Villas of Hogan's Glen" which is the correct nomenclature for PD Planned Development #17; and WHEREAS, having discovered such error and 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. 1999-10 by correcting all clerical errors, and concludes 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. 1999-10 of the Town of Trophy Club, Texas, the same being an amendment to Ordinance No. 96-10 which amended then current Comprehensive Zoning Ordinance 94-09 to add provisions for PD Planned Development #17, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and terms of Ordinance No. 1999-10, or any other amending ordinances thereto, are hereby ratified and affirmed. The caption of Ordinance No. 1999-10 shall be amended to reflect the following, and shall read now as it should have read then: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN AND NOWN AS THE PLANNED DEVELOPMENT REGULATIONS OF THE VILLAS OF HOGAN'S GLEN; BY AMENDING EXHIBIT C OF SAID ORDINANCE, BY AMENDING SUBSECTION D, HEIGHT REGULATIONS; AND BY AMENDING EXHIBIT C, SUBSECTION E (5), DEPTH OF FRONT YARD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. SECTION 3. ZONING MAP The Planning and Zoning Coordinator is hereby directed to marls and indicate on the official Zoning District Map of the Town to reflect all corrections herein made. 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. 2- SECTION 5. 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 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 6. 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. 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 th this 'nth day of January, 2002. ATTEST: ZY Town Secretary Town of Trophy iub, Texas ,��''� 0LIJ' [SEAL] EFFECTIVE: January 16,_2002 APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Q -4- xas, TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 96-10 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; BY AMENDING EXHIBIT C OF SAID ORDINANCE, BY AMENDING SUBSECTION D, HEIGHT REGULATIONS; AND BY AMENDING EXHIBIT C, SUBSECTION E (5), DEPTH OF FRONT YARD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; 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 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 96-10, 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. 96-10 of the 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 9.8082 acre tract of land as described in Exhibit "A" attached thereto and incorporated therein, from its current zoning of R- 12 Single Family Residential to PD Planned Development #17 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 1/2) stories. The building height shall be determined by the pitch of the roof."; and by amending Exhibit "C", Subsection E (5), Depth of Front Yard, to provide for a TOWN OF TROPHY CLUB ORDINANCE 1999- SASHAREkLAW WPITIFFANY1Trophy ChjM0RDINANC1PD17MC PAGE 1 "Fifteen (15) foot minimum". 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 inthe 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 Rill force and effect from and after its date of passage and TOWN OF TROPHY CLUB ORDINANCE 1999- S:ISHARF,ILAW—WPITIFFANY1TroplUy C1ub10RDINANC\PD17.D0C PAGE 2 publication. AND IT IS SO ORDAINED PASSED AND APPROVED by a vote of 5 to 0 , this the 1st day of .Tune '1999. Mayor Town of Trophy Club, Texas N ATTEST. Town Secretary Town of Trophy C ub, Texas APPROVED AS TO FORM: —, I 'i A", -- I Town At rn Town of Trophy Club, Texas TOWN OF TROPHY CLUB ORDINANCE 1999- PAGE 3 SASHAREILAW WPITIFFANY\Traphy Cluhl0RDINANC1PD17.D0C