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ORD 1991-01EORDINANCE 91-01 E 07� TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 91-OIF 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 HEREIN AND AS SHOWN ON THE MAP ATTACHED HERETO AS EXHIBIT "A": (1) TROPHY CLUB, SECTION 1, FROM R --SECTIONS 1 AND 2 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (2) TROPHY CLUB, SECTION 2, FROM R -SECTIONS 1 AND 2 SINGLE FAMILY RESIDENTIAL TO R-11 SINGLE FAMILY RESIDENTIAL, (3) TROPHY CLUB, SECTION 3, LOTS 267-327, FROM R -SECTION 3 SINGLE FAMILY RESIDENTIAL TO R-15 SINGLE FAMILY RESIDENTIAL, (4) TROPHY CLUB, SECTION 3, LOTS 173-266, FROM R -SECTION 3 SINGLE FAMILY RESIDENTIAL TO R-11 SINGLE FAMILY RESIDENTIAL, (5) TROPHY CLUB, SECTION 4, FROM R -SECTION 4 SINGLE FAMILY RESIDENTIAL TO R-12 SINGLE FAMILY RESIDENTIAL, (6) TROPHY CLUB, SECTION 5, FROM R -SECTION 5 SINGLE FAMILY RESIDENTIAL TO R-11 SINGLE FAMILY RESIDENTIAL, (7) TROPHY CLUB, SECTION 6, FROM R -SECTION 6 SINGLE FAMILY RESIDENTIAL TO R-11 SINGLE FAMILY RESIDENTIAL, (8) TROPHY CLUB, SECTION 7, FROM R -SECTION 7 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (9) TROPHY CLUB, SECTION 8, FROM R -SECTION 8 SINGLE FAMILY RESIDENTIAL TO R-9 SINGLE FAMILY RESIDENTIAL, (10) TROPHY CLUB, SECTION 9, FROM R -SECTION 9 SINGLE FAMILY RESIDENTIAL TO R-9 SINGLE FAMILY RESIDENTIAL, (11) TROPHY CLUB, SECTION 10, FROM R -SECTIONS 10 AND 11 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (12) TROPHY CLUB, SECTION 11, FROM R -SECTIONS 10 AND 11 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (13) TROPHY CLUB, SECTION 12, FROM R -SECTION 12 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (14) TROPHY CLUB, SECTION 13, FROM R -SECTION 13 SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (15) TROPHY CLUB, LAKE FOREST VILLAGE PHASE I, FROM R - LAKE FOREST VILLAGE, PHASE I SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (16) TROPHY CLUB, LAKE FOREST VILLAGE PHASE II, FROM R -LAKE FOREST VILLAGE, PHASE II SINGLE FAMILY RESIDENTIAL TO R-10 SINGLE FAMILY RESIDENTIAL, (17) TROPHY CLUB, VILLAGE WEST - SECTION A, FROM R --VILLAGE WEST, SECTION A SINGLE FAMILY RESIDENTIAL TO R-8 SINGLE FAMILY RESIDENTIAL, AND (18) TROPHY CLUB, VILLAGE WEST - SECTION B, FROM R -VILLAGE WEST, SECTION B SINGLE FAMILY RESIDENTIAL TO R-8 SINGLE FAMILY 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 -1- 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 VIOLA'T'ION 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 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 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 -2- 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 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: -3- A. That the following tracts of land (a legal description of the various sections of Trophy Club as described below may be found in the Plats of the sections (the volume and page number of which sections are stated in the parentheses following the description of property below) as recorded in the Plat Records of Denton County, Texas), and as further depicted on the map attached hereto as Exhibit "A« and incorporated herein, heretofore zoned as shown and described below, shall from the adoption of this Ordinance be zoned as follows: Description Which is Is Rezoned by of Land: Currently Zoned: this Ordinance to: Trophy Club, R -Sections 1 and 2 R-10 Single Family Section 1 (Vol. Single Family District Residential 11, Page 38) Regulations Trophy Club, R -Sections 1 and 2 R-11 Single Family Section 2 (Vol. Single Family District Residential 11, Page 33) Regulations Trophy Club, R -Section 3 Single R-15 Single Family Section 3, Lots Family District Residential 267-327 (Vol. Regulations 12, Page 12) Trophy Club, R -Section 3 Single R-11 Single Family Section 3, Lots Family District Residential 173-266 (Vol. Regulations 12, Page 12) Trophy Club, R -Section 4 Single R-12 Single Family Section 4 (Vol. Family District Residential 12, Page 15) Regulations Trophy Club, R -Section 5 Single R-11 Single Family Section 5 (Vol. Family District Residential 12, Page 33) Regulations Trophy Club, R -Section 6 Single R-11 Single Family Section 6 (Vol. Family District Residential 14, Page 26) Regulations Trophy Club, R -Section 7 Single R-10 Single Family Section 7 (Vol. Family District Residential 13, Page 41) Regulations Trophy Club, R -Section 8 Single R-9 Single Family Section 8 (Vol. Family District Residential 15, Page 12) Regulations -4 Trophy Club, R -Section 9 Single R-9 Single Family Section 9 (Vol. Family District Residential 16, Page 17) Regulations Trophy Club, R -Sections 10 and 11 R-10 Single Family Section 10 Single Family District Residential (Cabinet B, Regulations Page 189) Trophy Club, R -Sections 10 and 11 R-10 Single Family Section 11 Single Family District Residential (Cabinet B. Regulations Page 246) Trophy Club, R -Section 12 Single R-10 Single Family Section 12 Family District Residential (Cabinet E, Regulations Pages 97, 98) Trophy Club, R -Section 13 Single R-10 Single Family Section 13 Family District Residential (Cabinet G, Regulations Pages 116, 117) Trophy Club, R -Lake Forest Village, R-10 Single Family Lake Forest Phase I Single Family Residential Village Phase I District Regulations (Vol. 16, Page 9) Trophy Club, R -Lake Forest Village, R-10 Single Family Lake Forest Phase II Single Family Residential Village, Phase District Regulations II (Cabinet B, Page 1) Trophy Club, R -Village West, R-8 Single Family Village West- Section A Single Residential Section A Family District (Cabinet C, Regulations Page 171) Trophy Club, R -Village West, R-8 Single Family Village West- Section B Single Residential Section B Family District (Cabinet B, Regulations Page 135) 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 -5- 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. 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. _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 S. 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 16th day of Feb�-uary �, 1993. ATTEST: Town Secret Town of Tro y Club, Tex [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas -7- r, Town of-Frbphy Club, Texas