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ORD 1985-36mor J ORDINANCE NO. 85-36 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 $5-36 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE SPECIAL RESIDENTIAL -3 PLANNED DEVELOPMENT DISTRICT REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF TROPHY CLUB, TEXAS, BEING THE NELSON TRACT COMPRISING APPROXIMATELY 6.9 ACRES LOCATED AT THE NORTHEAST CORNER OF TROPHY CLUB DRIVE AND INDIAN CREEK DRIVE, AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED 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 oil 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 partiGuhw uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this Town; and, 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 Special Residential -3 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 quid 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. 0013) -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 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 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 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 16 day of December , 1985. APPROVED: Mayor, Town of Trophy Club, Texas ATTEST: lown--Secretary, Town of Trophy Club, Texas [SEAL] 0013] APPROVED AS TO FORM AND LEGALITY: Town Attorney, Towm of Trophy Club, Texas 0013j -4- NELSON TRAGI' COUNTRT CLUB PLACE ADDITION STATE OF TEXAS a COUNTY OF DENTON a BEING a 6.9892 acre tract of land situated in the Charles Medlin Survey, Abstract 823, Deaton County, Texas, and being part of a 165.641 acre tract as described in a deed to Henry Seeligmon filed in Volume 650, Page 103, Deaton County Deed Records, and being more particularly described as follows: COMMENCING at an iron rod, said point being the most Westerly corner of Tract 'E" of Lake Forest Village described in Cabinet "H`, Page 103 of the DRDCT, and also being in the East 80 ft. A.O.W. line of Indian Creek Drive; THENCE North 31 deg 05 min 00 sec West, ■ distance of 214.36 feet to an Iran rod for corner, and the PLACE OF BEGINNING of this 6.9892 acre tract, amid point being the same POINT OF BEGINNING as Used in the June 30, 1983 Deed Description but, which was incorrectly referenced as "the most westerly corner of Tract E of the Lake Forest Village'. said BEGINNING Point is in the East R.O.W. line of Indian Creek Drive and is the Southeast corner of this 6.9892 acre tract with the boundary tells following the June 30, 1983 Deed Description to wit; THENCE North 31 deg 05 min 00 sec West, with the said East R.O.W. line of Indian Creek Drive, 370.95 feet to an iron rod for corner, said point also being in the Southeasterly R.O.W. line of Trophy Club Drive; THENCE along the Southeasterly R.O.W. line of Trophy Club Drive am follows: North 58 deg 55 min Da sec East, leaving said A.O.W. line of Indian Creek Drive, 78.48 feet to an iron rod for corner; Northeasterly along a curve to the left, said curve having a central, angle of 66 deg 01 min 00 meet a radius of 471.02 feet and an arc length of 542.71 feet (chord bears North 25 deg 54 min 30 sec East, 513.19 fact) to an iron rod for corner; North 07 deg 06 min 00 set West, 166.25 feet to an iron rad for Corner; THENCE North 81 dog 21 min 30 sec East, leaving the Southeasterly R.O.W. line of Trophy Club Drive, a distance of 273.88 feet to an iron rod for corner; THENCE South 1 deg 36 min 00 set West, a distance of 46.73 feet to on iron rod for corner; THENCE South 89 deg 56 min 00 sec East, a diatan[e of 29.80 feet to an iron rod for corner; THENCE South 3 deg 21 min 00 sec East, a distance of 459.86 feet to an iron rod for corner; THENCE South 24 deg 11 min 00 sec East, a distance of 149.98 feet to an Iran rod for corner; THENCE South 66 deg 01 pin UO met East, a distance of 66.14 feet to as iron rod for corner; THENCE South 69 deg 17 min 01 sec West, a distance of 23.77 feet to an iron rod for corner; THENCE North 73 deg 28 min 16 sec West, a distance of 112.25 feet to an iron rod for Corner; THENCE South 70 deg 26 min 00 mac West, 78.50 feet to an Iron rod for corner; THENCE South 59 deg 27 min 00 sec West, a distance of 75.30 feet to an iron rod for corner; TKINCE South 62 deg 38 min a0 sec West, a distance of 92.50 feet to an iron rod for corner; THENCE South 42 deg 05 min 00 sec West, a distance of 45.7a feet to an iron rod for corner; THENCE South 31 deg 25 min 00 aec West, 280.00 feet to the POINT OF BEGINNING and containing 6.9892 acres of land, more or less. 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