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ORD 1994-02TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 94-02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: BEING GENERALLY DESCRIBED AS THE CLUB AT TROPHY CLUB, TROPHY CLUB, TEXAS, INCLUDING THE GOLF CLUB HOUSE, GOLF COURSE AND ALL OTHER PARTS OF THE CLUB AT TROPHY CLUB, AND CONTAINING 294.6631 ACRES OF LAND, AND AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, BY GRANTING ON THE SAID REAL PROPERTY (ZONED CR -COMMERCIAL RECREATION) A CONDITIONAL USE PERMIT FOR THE ON -PREMISE SALE, SERVING, CONSUMPTION, STORAGE AND/OR POSSESSION OF ALCOHOLIC BEVERAGES, AS AUTHORIZED BY SECTIONS 34 (SALE OF ALCOHOLIC BEVERAGES) AND 42 (CONDITIONAL AND SPECIAL USE) OF THE COMPREHENSIVE ZONING ORDINANCE, IN ACCORDANCE WITH THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, AND WITH A SITE PLAN; 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 SAID PROPERTY WITH A ZONING OF CR -COMMERCIAL RECREATION WITH A CONDITIONAL USE PERMIT FOR THE ON - PREMISE SALE AND SERVING OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION HEREOF AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinances heretofore adopted by the Town Council of the Town of Trophy Club, Texas (the "Town"), that real property described generally as The Club at Trophy Club, including the golf club house, golf course and all other parts of The Club at Trophy Club, and containing 294.6631 acres of land, and as more specifically described by metes and bounds in Exhibit "A"" attached hereto and incorporated herein, located within the Town of Trophy Club, Texas, and which property is the subject of this Ordinance (the property being described herein as the "Land"), was zoned CR - Commercial Recreation, which specified that the Land be used in conformity with the regulations of CR -Commercial Recreation District and with the other applicable terms of Ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance"); and -1- information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interest of the Town of Trophy Club, Texas 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 Preamble. That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. Section 2. Rezoning. That Ordinance No. 91-01 of the Town, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and that all other Articles, chapters, sections, subsections, paragraphs, sentences, phrases and words of the Comprehensive Zoning Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That the zoning on the Land described in Exhibit "A" attached hereto and incorporated herein for all purposes, heretofore zoned CR -Commercial Recreation, is hereby changed by granting a conditional use permit for the on -premise sale, serving, consumption, storage and/or possession of alcoholic beverages for private club purposes only, according to the standards and requirements set forth in Exhibits " z�_" through"." attached hereto and incorporated herein for all purposes, and with the specific requirements of this Ordinance, with all other parts of the Comprehensive Zoning Ordinance, with the site plan, and with all applicable ordinances, rules and regulations of the Town. Section 3. _Zoning Map. The Town Secretary is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning changes herein made. Section 4. Other Town Ordinances. That in all other respects the use of the lands hereinabove described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the Town. Section 5. Purpose. That the zoning and site plan approval as herein established have been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with consideration of the reasonable suitability for the particular uses and with a view of conserving the value of -3- WHEREAS, application has been made pursuant to the Comprehensive Zoning Ordinance and State law for the rezoning of the Land from CR -Commercial Recreation to CR -Commercial Recreation with a Conditional Use Permit for the on -premises sale, serving, consumption, storage and/or possession of alcoholic beverages in accordance with Sections 34 and 42 of the Comprehensive Zoning Ordinance, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the Town Council after all legal notices, requirements, conditions and prerequisites were complied with; and WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested change should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the tracts of land; safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on the established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking, location of ingress and egress points for parking and off street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concentration of population, and the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the district and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council does find that there is a public necessity for the zoning change, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time of the original investment was made; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public 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 amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the -2- buildings and encouraging the most appropriate use of land throughout the community. Section 6. Savings; Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2, 000. 00) , and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. Severability. That 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 City 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 9. Effective Date. That this Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1Rt day of , 1994. ATTEST: )�Z'IAII/l C�da'"Ltll 11 - Town Seatetary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: i Town A torney, Town of Trophy Club, Texas -4- Mayor, Town of'Tr'ophy Club, Texas