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ORD 1985-30R �J ORDINANCE No. 85-30 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 85-30 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN THE TOWN .OF TROPHY CLUB, TEXAS, BEING SECTION 15 OF TROPHY CLUB LYING IN THE M. MEDLIN SURVEY, ABSTRACT NUMBER 832 AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, applications were made to adopt zoning regulations for the hereinafter described property located in the Town of Trophy Club, Texas, by making applications for same with the Planning & Zoning Commission of the Town of Trophy Club, Texas, as required by State statutes and the ordinances of the Town of Trophy Club, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the Town Council of the Town of Trophy Club, after all legal notices requirements, conditions and prerequisites having been complied with; and, WHEREAS, the Town Council of the Town of Trophy Club, Texas, at a public hearing called by the Town Council did consider the following factors in making a determination as to whether the requested zoning should be granted or denied: safety of the motoring public and pedestrians; safety from fire hazards and measures for fire control; protection of property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on the character of the Town of Trophy Club; location, lighting and types of signs and relation of signs to traffic control and property; street size and adequacy of width for traffic reasonably expected to be generated by the zoning; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating 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; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the Town Council further considered among other things the character of the zoning and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this Town; and 0010] Ti c -- WHEREAS, the Town Council of the Town of Trophy Club, Texas, at a public hearing called by the Town Council of the City of Trophy Club, Texas, did consider the following factors in making a determination as to whether this requested zoning 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 overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, does find that there is a public necessity for the zoning, that the public demands it, that the public interest clearly requires the zoning; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, does find that the zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club hereby establishes and provides that the use of those tracts of land described in Exhibit "A," which Exhibit is attached hereto and incorporated herein for all purposes, shall be in conformity with the Residential -10,000 Square Feet Planned Development District Regulations. Section 2. That in all other respects the use of the tract or tracts of land hereinabove described shall be subject to all the applicable ordinances of the TowTi of Trophy Club, Texas. Section 3. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general 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 public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the property, and its peculiar 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 4. This ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. 0010 -2- Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a •separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 7. The fact that the present zoning ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 3 day of December '1985. APPROVED i. exas APPROVED AS TO FORM AND LEGALITY 1 4ToAtAtornegy,To)wn of Trophy Club, Texas EXHIBIT "A" S' TROPUY CLLB 97.8057 ACRES OSECTI BE3HG y a tract of land situated in theCounty of Denton, Texas, and lying In the M. Miedlio Survey, Abstract No. 832, said tract being part of that tract of land described in a deed fro Johnson -Loggias, Inc. to Gibraltar Savings Association, as recorded In Volume 837, Page 16 of the Denton County peed Records, and being more particularly described as follows: BEGINNING at a point on the hest R.O.W. line of County Road 3088 (6U ft R.O.W.} said point being the most easterly Northeast corner of said tract Of land conveyed from Johnson-Lo;gins to Gibraltar Savings Association; THENCE leaving said R.O.W, line of County Road 3088 and along the boundary line of said tract conveyed to Gibraltar Savings Association as follows: South 89 deg 17 mix 0U sec West, South B9 deg 38 aim 30 West, 606.40 feet to ■ point for corner; sec South 89 deg til sin Lou Dec West. 362.80 feet to a point for corner; 269.30 feet South 89 deg 35 min 45 set West, 'South to a point for corner; 435.88 feet to a point for 89 deg 29 min 30 sec Best, South 28 deg 59 min OU West, corner; 626.00 feet to a point for coraer; set North 10 deg 12 min UiU sec West, 1362.4U feet to a point for corner; 1203.10 feet South 89 deg 33 min 30 sec West, to a point for corner; 1378.50 feet to a point for corner; THENCE South OU deg 26 sin 30 sec West. 427.26 feet to a point for corner; THENCE South 12 deg 47 min 54 see Last, THENCE North 77 deg 12 tic U6 met East, 3B5.53 feet to 4 point for corner; 220.00 feet THENCE South 82 deg 03 min 44 ■ec East, to a point for corner; 281.91 feet to a point for THENCE South 87 deg 46 min 51 sec East, THENCE South 59 deg 49 aim 01 corner; 76.68 feet to a point for coraer; sec East, THENCE South 46 deg 03 mix 30 sec Last, 55.25 feet to a point for corner; 479.43 feet THENCE South 54 deg 18 min 57 sec East, THENCE South 34 to a point for corner; 83.43 feet to a point for corner; deg 16 min 59 sec East, THENCE South 13 deg 55 sin 33 sec East. 76.56 feet to a point for corner; THENCE South 12 deg 14 aio U1 sec Last, 198.52 feet to a point for tomer; 169.09 feet to a point for THENCE South 24 deg 39 min 06 see East, THENCE South 42 deg 58 min 56 East, corner; 70.80 feet to a point for corner; sec THENCE North 80 deg 20 min 53 sec East, 85.68 feet to a point for corner; 70.08 feet THENCE North 63 deg 33 tsin U2 sec East, THENCE North 49 deg 12 min 07 sec East, to ■ point for corner; 143.69 feet to a point for corner; 351.02 feet THENCE North 48 deg 07 min 14 sec East, to a point for corner; 653.07 feet to a point for THENCE North 45 deg 09 trim 22 sec East, THENCE North 74 deg 28 min 44 East, corner; 312.73 feet to ■ point for corner; sec THENCE North 88 deg 44 min 35 set Last, 98.34 feet to a point for corner; 229.30 feet THENCE Horth 80 deg 56 tic 07 sec East. to s point for corner; 9U.21 feet to a point for corner; THENCE South 74 deg 46 min 31 sec East, THENCE South 58 deg OU min 36 East, 52.22 feet to a point for corner; ■ec THENCE South 29 deg, 56 min 07 sec Last. 106.69 feet to a point for corner; 57.93 feet to a for THENCE South 37 deg 22 min 01 sec East, THENCE South 56 deg 36 six 31 East, point corner; 281.65 feet to a paint for corner. sec THENCE South 49 deg 46 min 15 sec East, 53.76 feet to ■ point for corner; 104.75 feet THENCE South 38 deg 31 min 43 sec East, THENCE to a point for corner; 175.00 feet to a paint for corner; South 2U deg 59 min 21 sec East, said point being the northwest corner of 138.85 feet to a point for corner, Trophy Club, THENCE along the northern boundary line follows: Section 13; of Trophy Club, Section 13 as Horth 70 deg 23 min 22 sec East, 180.14 feet to a point for earner; North 71 deg O1 min 25 sec East, 242.13 feet to a point for corner; THENCE North, 586.OU feet to a point for corner; THENCE. North 30 deg 04 sin 23 sec East, 264.45 feet to a point for corner; THENCE South 88 deg 03 min 45 sec Last, 512.80 feet to a point for corner, said point Wag In the approximate centerline of hereinbefore mentioned County Road 3088; THENCE North 00 deg 01 six 22 see West, along the approximate centerline of 0414 County Road 3088, 502.61 feet to a point for corner; THENCE South 56 deg 48 min 00 sec West. 29.60 feet to a point oa the West R.O.W. lint of said County Road 3088; THENCE North OO deg 09 min 00 sec West. along said R.O.W. line of County Road 3088, 55.35 feet to the POINT OF BEGINNING; and containing 97.8057 acres of land, more or less.