ORD 2002-21 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-21 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2001-25 P&Z, THE SAME BEING AN ORDINANCE
REPEALING ORDINANCE NO. 96-09 OF THE TOWN AND ADOPTING NEW
PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 16, A CERTAIN TRACT
OF LAND DESCRIBED AS A 23.5361 ACRE TRACT OF LAND AND
GENERALLY KNOWN AS THE KNOLL; ADOPTING NEW PROVISIONS TO
AMEND EXHIBIT C, DEVELOPMENT STANDARDS AND SINGLE FAMILY
HOUSING REGULATIONS, BY CHANGING PARAGRAPH M, UTILITIES, TO
PROVIDE ADDITIONAL REGULATIONS FOR THE LOCATION OF ELECTRIC
TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL
ZONING MAP OF THE TOWN; 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 A CUMULATIVE CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING 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 A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club
authorized and empowered by law, in accordance with Chapter
Government Code, to regulate the subdivision of land and vropertv
Town;
Texas (the "Town"), is
12 of the Texas Local
development within the
WHEREAS, on November 5, 2001, the Town adopted Ordinance No. 2001-25 P&Z
amending Comprehensive Zoning Ordinance No. 2000-06 P&Z of the Town by changing the
zoning on a certain tract of land described as a 23.5361 acre tract of land generally known as The
Knoll and amending the zoning map to reflect the PD Planned Development No. 16 Zoning
District;
WHEREAS, the Town Council now deems it necessary and in for the safe, orderly, and
healthful development of the Town to amend Ordinance No. 2001-25 P&Z by adopting
provisions to amend Exhibit C, Development Standards and Single Family Housing Regulations,
by changing paragraph M, Utilities, to provide additional regulations for the location of electric
transformers;
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted by the Planning and Zoning Commission, and after considering the
information submitted at those public hearings and all other relevant information and materials,
the Commission has recommended to the Town Council the adoption of the amendment to
Ordinance No. 2001-25 P&Z and to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set
forth in this Ordinance;
WHEREAS, the Town Council, at a public hearing had an opportunity to consider the
following factors in making a determination as to whether the requested change should be
granted or denied; effect on the congestion in the streets, safety of the motoring public and the
pedestrians using the facilities in the area immediately surrounding the land, noise producing
elements and glare of vehicular and stationary lights and effect of such lights on the established
character of the neighborhood, the fire hazards and other dangers possibly present and the
securing of safety from the same, lighting and type of signs and the relation of signs to traffic
control and adjacent property, street size and adequacy of width for traffic reasonably expected
to be generated for proposed uses around the Iand and in the immediate neighborhoods, the effect
on the promotion of health and the general welfare, effect on adequate light and air, and the
effect on transportation, water, sewerage, schools, parks and other public facilities;
WHEREAS, the Town Council finds that the zoning amendment granted herein is
consistent with the Town's Comprehensive Land Use Plan; 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.
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoinID
g premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2001-25 P&Z of the Town of Trophy Club, Texas, the same being the
Town's PD Planned Development No. 16 and an amendment to Comprehensive Zoning
Ordinance 2000-06 P&Z of the Town, is hereby amended to adopt new provisions for Exhibit
"C", Development Standards and Single Family Housing Regulations, Paragraph M, Utilities in
the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases
and terms of Ordinance No. 2001-25 P&Z are not amended but are hereby ratified and affirmed:
M. UTILITIES: All utilities shall be underground. Electric transformers
shall be pad mounted and located at the rear of lots, or in the front of
lots set back to a distance that is a minimum of twelve (12 inches)
behind the building setback line, or in any location shown on an
approved subdivision plat consistent with applicable ordinances.
Screening shall consist of landscape or masonry that matches the
principal structure and shall screen the transformers from the view of
the right-of-way at a height and density sufficient to screen the view at
the initial time of planting or construction.
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SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning Map of the Town all new provisions adopted herein.
SECTION 4.
APPLICABLE REGULATIONS
In all respects the land shall be subject to the applicable regulations contained in the
Comprehensive Zoning Ordinance No. 2000-06 P&Z and all other applicable and pertinent
ordinances and regulations of the Town.
SECTION 5.
CUMULATIVE
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. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance.
SECTION 6.
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 7.
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.
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SECTION S.
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 of this Ordinance shall be fined, upon
conviction, in an amount not to exceed 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 9.
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 10.
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 of the Town of Trophy Club and by filing this Ordinance in the Ordinance records
of the Town.
SECTION 11.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
ME
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the
20TH clay of May, 2002.
ATTEST:
Town Secretary
Town of Trophy Club, Texas O,
[SEAL]
EFFECTIVE DATE: May 29, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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