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ORD 1985-35i. E D E A Ls E D ORDINANCE NO. 85--35 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. p 8�-35 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT CLASSIFICATION WITH SPECIFIC USE PERMIT NO. 1 FOR A CHURCH USE ON AN 11.8 ACRE TRACT AT THE SOUTHWEST CORNER OF TROPHY LAKE DRIVE AND TROPHY CLUB DRIVE; PROVIDING SPECIFIC USE PERMIT REGULATIONS FOR THE CHURCH USE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS 01,000.00? FnA EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON 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, 0012] 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 change 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 WH._itEAS, 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 adopts the Residential --10,000 Square Feet Planned Development District Classification with Specific Use Permit No. 1 for a Church Use on the property described in Exhibit "A" attached hereto and made a part hereof. The Church use shall be subject to the specific use permit regulations that are attached and made a part hereof and marked Exhibit "B". 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. 0012 -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 S. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdpT eanor 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 -71985. APPROVED. M�:yor, Town of Trop y Club, Texas APPROVED AS TO FORM AND LEGALITY: Townttorney, Town of Trophy Club, Tex 0orz3 -3- TROPHY CLUB BAPTIST CHURCH SITE FIELD NOTES 11.80 ACRES STATE OF TEXAS § COUNTY OF DENTON § BEING an 11.80 acre tract of land situated in the J. Eads Survey, Abstract No 392, Denton County, Texas, and being a portion of a 476.488 acre tract as filed in Volume 512, Page 530, DRDCT, and being more particularly described as follows: BEGINNING at an iron rod found for corner at the intersection of the Northwesterly right-of-way of Trophy Lake Drive (80 foot R.O.W.) and the Northeasterly right-of-way of Village Trail (60 foot R.O.W.), said point also being in the Northerly line of Village West, Section "A", as filed in Cabinet "C", Page 171, Deed Records of Denton County, Texas; THENCE along said North R.O.W. of Village Trail as follows: North 42 deg 07 min 00 sec West, leaving Trophy Labe Drive, 27.48 feet to an iron rod found for corner; Northwesterly on a curve to the left, said curve having a central angle of 28 degxxx 46 min 00 sec, a radius of 595.42 feet and an are length of 298.94 feet to an iron rod found for corner; North 70 deg 53 min 00 sec West, 351.56 feet to an iron rod set for corner; THENCE North 09 deg 58 min 00 sec East, leaving the North R.O.W. line of said Village Trail, a distance of 611.54 feet to an iron rod set for corner; THENCE South 80 deg 02 min 00 sec East, a distance of 755.36 feet to an iron rod set for corner, said point being in the West R.O.W. line of Trophy Club Drive (80 foot R.O.W.); THENCE Southwesterly along said West R.O.W. line of Trophy Club Drive, and along a curve to the left, said curve having a central angle of 44 deg 06 min 43 sec, a radius of 874.70 feet, an are length of 673.43 feet and a chord which bears South 4 deg 05 min 41 sec West, with a chord distance of 656.92 feet to an iron rod found for corner, said point being in the Northwesterly R.O.W. line of Trophy Lake Drive; THENCE Southwesterly along said Northwesterly R.O.W. line of Trophy Lake Drive, and along a curve to the left, having a central angle of 14 deg 38 min 10 see, a radius of 925.00 feet, an are length of 236.29 feet, and a chord which bears South 60 deg 45 min 20 sec West, with a chord distance of 235.65 feet to the POINT OF BEGINNING and containing 11.80 acres of land, more or less. onixj EXHIBIT "A" 9 CITY OF TROPHY CLUB SPECIFIC USE PERMIT NO. 1 DEVELOPMENT REGULATIONS 1. Use Re ations - All Uses specified herein are subject to requirements of the Trophy Club Community Improvement Association with the exception of monthly dyes. In case of a conflict, this Document shall cover. A site plan submittal and review are required. Streets may be private or public, and utility easements shall be dedicated as required by the Municipal Utility District subject to site plan and Planning and Zoning approval. Uses on the subject tract shall be restricted to the following: Church Church accessory and associated uses Recreation and associated uses Day care/nursery Educational uses 2. Development Standards - The following Development Standards shall apply to the subject tract: 0012] A. Building Area - Maximum development shall not exceed one- hundred thousand (100,000) square feet of building. B. Lot Coverage - In no case shall more than twenty percent (20%) of the total lot area be covered by the main buildings and accessory buildings. C. Parking Re ations - A minimum of two hundred fifty (250) concrete paved parking spaces shall be provided at the time of issuance of certificate of occupancy for the first phase of construction. Thereafter, concrete paved parking shall be provided at a ratio of one (1) paved parking space for each four (4) fixed seats in the sanctuary, or one (1) concrete paved parking space for each twenty-eight (28) square feet in the sanctuary or auditorium, or one (1) concrete paved parking space for each two hundred (200) square feet of building area, whichever is greatest. D. Building Setback -- Building setbacks from public and private streets shall be fifty (50) feet minimum. E. Height Re ations - Maximum building height shall not exceed fifty (50) .feet, except that a penthouse, parapet roof platform and/or roof peak: may protrude not more than six (6) feet beyond the. maximum, or fifty-six (56) feet. Steeples will be permitted to extend to a height appropriate to the architecture of the building, as determined by the site review board. EXHIBIT "B" F. Landscape Requirements - A fifty (50) foot landscape buffer consisting of live plant material shall be planted and maintained along all sides of the subject tract that does not front on a public or private street. Parking lots shall be buffered from view of public and private streets by trees and live shrubs. Landscape plan is subject to site plan approval by the Plan Commission of the Town of Trophy Club. 3. Other Conditions and Limitations A. Recreational fields shall be for daytime use only. B. Parking shall be permitted only where concrete pavement is provided. C. Outdoor concerts, festivals or carnivals that require a temporary stage, bandshell, tent or other structure shall be permitted only after issuance of written temporary permit from the Town of Trophy Club. 4. Site Plan Review A. Purpose - The purpose of the site plan is to ensure compliance with the zoning ordinance and to assist in the -orderly and harmonious development of the City, to protect and enhance the general welfare and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions or alteration thereto without proper attention to site planning. The purpose of the site plan review is: 1. To ensure compliance with the zoning ordinance, while allowing for design flexibility; 2. To assist in the orderly and harmonious development of the City; 3. To protect adjacent uses from obstructions to light, air, and visibility; 4. To provide protection from fire; 5. To avoid undue concentrations of population and overcrowding of land; and G. To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements. 00:L 2J -2- B. Site Plan Requirements - Before the owner may obtain a building permit in a CPD District, the owner must have a site plan reviewed by the Planning and Zoning Commission and approved by the Town Council in accordance with the CPD Regulations. C. Contents - The site plan shall contain drawings to a scale to indicate as needed: 1. The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 100 feet; 2. Landscaping lighting and/or fencing and/or screening of yards and setback areas and proposed changes; 3. Design of ingress and egx-ess; 4. Off-street parking and loading facilities; 5. Height of all structures; 6. Proposed uses; 7. The location and types of all signs, including lighting and heights; 8. Elevation drawings citing proposed exterior finish materials, street names or proposed streets; 9. Street names on proposed streets; 10. Such additional information and detail as the Planning and Zoning Commission deemes necessary; and 11. Water and sanitary sewer plan, grading plans and storm sewer or drainage plans shall be submitted with and be incorporated into the site plan. D. The City Council, after review and recommendation by the Planning and Zoning Commission may approve a site plan if the proposed development meets all the minimum standards established in this ordinance and other applicable ordinances, and if the City Council finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring 0012) -3- E. property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the City. Amendments to the Site Plan. An amendment to a site plan must follow the same procedures set out in this section, except the mayor may authorize minor changes in the site plan that do not: 1. Alter the basic relationship of the proposed development to adjacent property. 2. Change the uses permitted. 3. Increase the maximum density,, floor area ratio, or height. 4. Decrease the amount of required off-street parking. 5. Reduce the minimum yards required at the boundary of the site. -4-