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ORD 1985-32R E P E A L E D ORDINANCE NO. 85-32 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 85_32 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE APPLICATION OF THE COMMERCIAL PLANNED DEVELOPMENT DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF TROPHY CLUB, TEXAS, BEING PROPERTY LOCATED NORTH OF STATE HIGHWAY 114 AND EAST OF TROPHY LAKE DRIVE AND COMPRISING APPROXIMATELY 13.962 ACRES, 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; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. 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, 0011j� F 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 incoporated herein for all purposes, shall be in conformity with the Commercial 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 Town 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. 001 IJ -2- 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. Section 5. if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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 ordinance 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 t , Ma�,or, Town of Tropp Club, Texas ATT STS /' Town Secretary, Town of Trophy Club, TPxnG - - APPROVED AS TO FORM AND LEGALITY Town Attorney, Town of Trophy Club, Texas aniiy -3- EXHIBIT "A" TROPHY CLUB 13.962 ACRES "COMMERCIAL't BEING a tract of land situated in the J. Eads Survey, Abstract No. 392 and the J. Sutton Survey, Abstract No., 1154 of the City of Trophy Club, Denton County, Texas, said tract being part of a 476.448 and 55.956 acre tract of land described as Tract IV, conveyed to Gibraltor Savings Association as recorded in Volume 837, Page 16 of the Deed Records of menton County, and being adore particularly described as follows: BEGINNING at an iron rod set on the Northerly right-of-way line of State Highway 114 (100 ft R.O.W.) said point being on the Easterly right--of-way line of Trophy Lake Drive (variable R.O.W.) as platted by Village West, Section A, an addition to Denton County as recorded in Cabinet C, Page 171 of the Plat Records of Denton County; THENCE along the Easterly right-of-way line of said Trophy Lake Drive as follows: North 01 deg 44 min 00 sec East, 154.17 feet to the point of curvature, an iron rod set for corner; Along a curve to the right, said curve having a central angle of 26 deg 36 min 00 sec, a radius of 532.09 feet and an arc length of 265.60 feet, said curve also having a chord bearing of North 16 deg 02 min 00 sec East, for a chord distance of 262.85 feet to the point of tangent, an iron rod set for corner; North 30 deg 20 min 00 sec East, 311.70 feet to the point of curvature an iron roc' found for corner; Along a curve to the right, 'said curve having a central angle of 37 deg 44 min 53 sec, a radius of 845.00 feet and an arc length of 556.71 feet, said curve also having a chord bearing of North 49 deg 12 min 26 sec East, for a chord distance of 546.70 feet to an iron rod found for corner, said point being on the Southerly right-of-way line of Trophy Club Drive (80 ft R.O.W.); THENCE along the Southerly right-of-way line of said Trophy Club Drive with a curve to the left, said curve having a central angle of 29 deg 28 min 35 sec, a radius of 874.7U feet and an arc length of 450.00 feet, said curve also having a chard bearing of South 37 deg 56 min 31 sec East, for a chord distance of 445.05 feet to an iron rod found for corner; THENCE along a curve to the left, said curve having a central angle of 05 deg 37 min 11 sec, a radius of 10,000.00 f eet and an arc length of 980.85 feet, said curve also having a chord bearing of South 29 deg 53 min 23 sec West, for a chord distance of 980.45 feet to an iron rod set for corner, said point being on the Northerly right-of-way line of hereinbefore sentioned State Highway 114; THENCE North 68 deg 48 min 38 sec West, along the Northerly right-of-way line of said State Highway 114, 465.07 feet to the POINT OF BEGINNING, and containing 13.9620 acres of land. EM