ORD 1991-01CORDINANCE 91-01 C
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 91-01C
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 CERTAIN
TRACTS OF LAND DESCRIBED GENERALLY HEREIN AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO:
(1) TRACT 1, BEING A PORTION OF THE LAND WITHIN PLANNED
DEVELOPMENT 2 ("PD -211), FROM PD -2 TO R-7.5 SINGLE FAMILY
RESIDENTIAL, (2) TRACT 2, BEING A PORTION OF THE LAND
WITHIN PD -2, FROM PD -2 TO R-12 SINGLE FAMILY RESIDENTIAL,
(3) TRACT 3, BEING A PORTION OF THE LAND WITHIN PD -3,
FROM PD -3 TO R-12 SINGLE FAMILY RESIDENTIAL, (4) TRACT 4,
BEING A PORTION OF THE LAND WITHIN PD -3, FROM PD --3 TO R-
12 SINGLE FAMILY RESIDENTIAL, (5) TRACT 5, BEING A
PORTION OF THE LAND WITHIN PD -4, FROM PD -4 TO R-15 SINGLE
FAMILY (ESTATE) RESIDENTIAL, (6) TRACT 2, BEING A PORTION
OF THE LAND WITHIN PD -4, FROM PD -4 TO R-12 SINGLE FAMILY
RESIDENTIAL, (7) TRACT 7, BEING A PORTION OF THE LAND
WITHIN PD -4, FROM PD -4 TO R-15 SINGLE FAMILY (ESTATE)
RESIDENTIAL, (8) TRACT 8, BEING A PORTION OF THE LAND
WITHIN PD -5, FROM PD -5 TO R-15 SINGLE FAMILY (ESTATE)
RESIDENTIAL, (9) TRACT 9, BEING A PORTION OF THE LAND
WITHIN PD -4, FROM PD -4 TO CR -COMMERCIAL RECREATION, (10)
TRACT 10, BEING A PORTION OF THE LAND WITHIN PD -51 FROM
PD -5 TO R-12 SINGLE FAMILY RESIDENTIAL, (11) TRACT 11,
BEING A PORTION OF THE LAND WITHIN PD -5, FROM PD -5 TO R-
15 SINGLE FAMILY (ESTATE) RESIDENTIAL, (12) TRACT 12,
BEING A PORTION OF THE LAND WITHIN PD -5, FROM PD -5 TO R-
15 SINGLE FAMILY (ESTATE) RESIDENTIAL, (13) TRACT 13,
BEING A PORTION OF THE LAND WITHIN PD -6, FROM PD -6 TO R-
12 SINGLE FAMILY RESIDENTIAL, (14) TRACT 14, BEING A
PORTION OF THE LAND WITHIN PD -1, FROM PD -1 TO PO
PROFESSIONAL OFFICE, (15) TRACT 15, BEING A PORTION OF
THE LAND WITHIN PD -9, FROM PD -9 TO PO PROFESSIONAL
OFFICE, (16 ) TRACT 16, BEING A PORTION OF THE LAND WITHIN
PD -9, FROM PD -9 TO PO PROFESSIONAL OFFICE, (17) TRACT 17,
BEING A PORTION OF THE LAND WITHIN PD -6, FROM PD -6 TO PO
PROFESSIONAL OFFICE, (18) TRACT 18, BEING GENERALLY
DESCRIBED AS A PARCEL OF LAND LYING IN THE C. MEDLIN
SURVEY, ABSTRACT 823, DENTON COUNTY, TEXAS, FROM R-12
SINGLE FAMILY RESIDENTIAL TO PO PROFESSIONAL OFFICE, (19)
TRACT 19, BEING A PORTION OF THE LAND WITHIN PD -6, FROM
PD -6 TO R--12 SINGLE FAMILY RESIDENTIAL, (20) TRACT 20,
BEING A PORTION OF THE LAND WITHIN PD -6, FROM PD -6 TO R-
12 SINGLE FAMILY RESIDENTIAL, (21) TRACT 21, BEING A
PORTION OF THE LAND WITHIN PD -6, FROM PD -6 TO PO
PROFESSIONAL OFFICE, (22) TRACT 22, BEING A PORTION OF
THE LAND WITHIN PD -8, FROM PD -8 TO CG -COMMERCIAL GENERAL,
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(23) TRACT 23, BEING GENERALLY DESCRIBED AS A PARCEL OF
LAND LYING IN THE J. HENRY SURVEY, ABSTRACT NO. 528,
DENTON COUNTY, TEXAS, FROM CG -COMMERCIAL GENERAL TO R-12
SINGLE FAMILY RESIDENTIAL, (24) TRACT 24, BEING GENERALLY
DESCRIBED AS A TRACT OF LAND LYING IN THE J. HENRY
SURVEY, ABSTRACT NO. 528, DENTON COUNTY, TEXAS, FROM CG -
COMMERCIAL GENERAL TO R-12 SINGLE FAMILY RESIDENTIAL,
(25) TRACT 25, BEING GENERALLY DESCRIBED AS A TRACT OF
LAND LYING IN THE M. MEDLIN SURVEY, ABSTRACT NO. 832,
DENTON COUNTY, TEXAS, FROM R-12 SINGLE FAMILY
RESIDENTIAL TO R-15 SINGLE FAMILY (ESTATE) RESIDENTIAL,
(26) TRACT 26, BEING A PORTION OF THE LAND WITHIN PD -5,
FROM PD -5 TO R-12 SINGLE FAMILY RESIDENTIAL, (27) TRACT
27, BEING A PORTION OF THE LAND WITHIN PD -5, FROM PD -5 TO
PO R-15 SINGLE FAMILY (ESTATE) RESIDENTIAL; PROVIDING
THAT SUCH TRACTS OF LAND SHALL BE USED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE
AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
CORRECTING THE OFFICIAL ZONING MAP; 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, the Planning and Zoning Commission of the Town of
Trophy Club, Texas (the "Town"), pursuant to Section 39.B. of
Ordinance No. 91-01 of the Town (the "Comprehensive Zoning
ordinance"), on its own motion instituted proposals for change and
amendment to the Comprehensive Zoning Ordinance, the said changes
and amendments being reflected herein; and
WHEREAS, all legal notices, requirements and conditions having
been complied with, the rezoning case came on before the Town
Council; 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 these requested changes 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
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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, at a, public hearing, had the
opportunity to consider the following factors in making a
determination as to whether the requested changes should be granted
or denied: effect on the congestion of the streets, the fire
hazards, panics and other dangers possibly present in the securing
of safety from same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, 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 districts 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 changes, 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, the Town Council does find that the changes in zoning
lessen the congestion in the streets, help secure safety from fire,
panic and other dangers; promote the health and the general,
welfare; provides adequate light and air; prevents the overcrowding
of land; avoids undue concentration of population; and facilitates
the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the Town Council has determined that there is a
necessity and need for the changes in zoning and has also found and
determined that there has been a change in the conditions in the
property surrounding and in close proximity to the tracts of land
herein rezoned and since the said tracts of land were originally
classified, and therefore feels that the respective changes in
zoning classification for the tracts of land described herein are
needed, are called for, and are in the best interest of the public
at large, the citizens of the Town, and help promote the general
health, safety and welfare of the community; and
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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
amendments 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
information and other materials received at the public hearings,
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.
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. Amendments. 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 following tracts of land, which tracts are
described in Exhibit "All attached hereto and incorporated herein
for all purposes, and as further depicted on the map attached
hereto as Exhibit "B" and incorporated herein, heretofore zoned as
shown and described below, shall from the adoption of this
Ordinance be zoned as follows:
Description Which is
of Land: Currently Zoned:
Tract 1 Planned Development -2
(PD -2), as adopted by
Ordinance No. 88-01
Tract 2 Planned Development -2
(PD -2), as adopted by
Ordinance No. 88-01
Tract 3 Planned Development -3
(PD -3) , as adopted by
Ordinance No. 88-02
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Is Rezoned by
this Ordinance to:
R-7.5 Single Family
Residential
R-12 Single Family
Residential
R--12 Single Family
Residential
Tract 4
Planned Development -3
R-12 Single
Family
(PD -3), as adopted by
Residential
Ordinance No. 88-02
Tract 5
Planned Development -4
R-15 Single
Family
(PD -4), as adopted by
(Estate)
Ordinance No. 88-03
Residential
Tract 6
Planned Development -4
R-12 Single
Family
(PD -4), as adopted by
Residential
Ordinance No. 88-03
Tract 7
Planned Development -4
R-15 Single
Family
(PD -4), as adopted by
(Estate)
Ordinance No. 88-03
Residential
Tract 8
Planned Development -5
R-15 Single
Family
(PD -5), as adopted by
(Estate)
Ordinance No. 88-04
Residential
Tract 9
Planned Development -4
CR -Commercial
(PD -4), as adopted by
Recreation
Ordinance No. 88-03
Tract 10
Planned Development -5
R-12 Single
Family
(PD -5), as adopted by
Residential
Ordinance No. 88-04
Tract 11
Planned Development -5
R-15 Single
Family
(PD -5), as adopted by
(Estate)
Ordinance No. 88-04
Residential
Tract 12
Planned Development -5
R-15 Single
Family
(PD -5), as adopted by
(Estate)
Ordinance No. 88-04
Residential
Tract 13
Planned Development --6
R-12 Single
Family
(PD -6), as adopted by
Residential
Ordinance No. 88-19
Tract 14
Planned Development -1
PO Professional
(PD -1), as adopted by
Office
Ordinance No. 87-25
Tract 15
Planned Development --9
PO Professional
(PD -9), as adopted by
Office
Ordinance No. 89-10
Tract 16
Planned Development -9
PO Professional
(PD -9), as adopted by
Office
Ordinance No. 89-10
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Tract 17
Planned Development -6
PO Professional
(PD -6), as adopted by
Office
Ordinance No. 88-19
Tract 18
R-12 Single Family
PO Professional
Residential
Office
Tract 19
Planned Development -6
R-12 Single
Family
(PD -6), as adopted by
Residential
Ordinance No. 88-19
Tract 20
Planned Development -6
R-12 Single
Family
(PD -6), as adopted by
Residential
Ordinance No. 88-19
Tract 21
Planned Development -6
PO Professional
(PD -6), as adopted by
Office
Ordinance No. 88-19
Tract 22
Planned Development --8
CG Commercial
(PD -8), as adopted by
General
Ordinance No. 89-09
Tract 23
CG Commercial General
R-12 Single
Family
Residential
Tract 24
CG Commercial General
R-12 Single
Family
Residential
Tract 25
R-12 Single Family
R-15 Single
Family
Residential
(Estate)
Residential
Tract 26
Planned Development -5
R-12 Single
Family
(PD -5), as adopted by
Residential
Ordinance No. 88-04
Tract 27
Planned Development -5
R-15 Single
Family
(PD -5), as adopted by
(Estate)
Ordinance No. 88-04
Residential
The rezoning on the above described tracts of land shall be in
accordance with the standards, conditions and regulations of the
respective Districts set forth above, with all other parts of the
Comprehensive Zoning Ordinance, with this Ordinance, and with all
applicable ordinances, rules and regulations of the Town. The said
tracts of land shall be used and developed in accordance and
conformity with the regulations of the applicable zoning district
shown above.
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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 regulations and
districts 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
buildings and encouraging the most appropriate use of land
throughout the community.
Section 6. Savin s• 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. 0o) , 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.
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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 ih day of _October , 1992.
ATTEST:
Town Secret%ry, 0
Town of Trophy Club, Texas
[SEAL]
AS TO FORM:
Attorney,
of Trophy Club, Texas
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Mayor, Town of Trophy Club, Texas