ORD 2016-10 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-10 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE 2015-036 P&Z APPROVING A CONDITIONAL
USE PERMIT FOR A WIRELESS ANTENNA FACILITY LOCATED ON
AN APPROXIMATE 0.006 ACRE LEASE AREA ON TRACT C, TROPHY
CLUB SECTION 8, ZONED SINGLE FAMILY RESIDENTIAL (R9), BY
EXPANDING THE TOTAL LEASE AREA FROM 0.006 ACRES TO 0.016
ACRES; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING CONDITIONS APPLICABLE TO USE; PROVIDING THAT
SUCH TRACT OF LAND SHALL ALSO BE USED IN ACCORDANCE
WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING
ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE
TOWN; PROVIDING FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING
APPLICABLE REGULATIONS/ DISCONTINUATION/ REVOCATION;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant seeks to expand the total lease area from 0.006 acres
to 0.016 acres in order to relocate site access and provide parking outside of the SH
114 right-of-way; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the Conditional Use Permit came before the Planning and Zoning Commission;
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
public hearings 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 hearing, the Town Council has concluded that the adoption of this
Ordinance amending the Comprehensive Zoning Ordinance of the Town 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 PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
CONDITIONAL USE PERMIT CONDITIONS
2.01. An amendment to Ordinance 2015-036 P&Z granting a Conditional Use Permit
(CUP) for a wireless antenna facility located on an approximate 0.006 acrelease area
on Tract C, Trophy Club Section 8 is hereby approved increasing said lease area from
0.006 acres to 0.016 acres as further described in Exhibit "A", a copy of which is
attached hereto and incorporated herein, and the CUP amendment and the use for
which it is granted is subject to all Applicable Regulations. All requirements of
Ordinance 2015-036P&Z shall remain in full force and effect, except where amended
herein.
A. All requirements of Ordinance 2015-036 P&Z shall remain in full force and
effect, except where amended herein.
SECTION 3.
APPLICABLE REGULATIONS/DISCONTINUATION/REVOCATION
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town, including without limitation regulations governing the GU -
Government Use district. The Conditional Use Permit granted by this Ordinance shall
control in cases of conflict between this Ordinance and/or the Comprehensive Zoning
Ordinance. The Conditional Use Permit granted hereby shall discontinue if the use for
which this Conditional Use Permit is granted ceases to be operated at the permitted
location for a minimum period of six (6) months. Further, this Conditional Use Permit
shall be subject to revocation in accordance with the Town's Comprehensive Zoning
Ordinance.
SECTION 4.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
ORD 2016-10 P&Z Page 2 of 6
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 5.
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 hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
ORD 2016-10 P&Z Page 3 of 6
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 22nd day of March 2016.
C
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fim res, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
1
Au Ua_0,_
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
[SEAL]
ORD 2016-10 P&Z Page 4 of 6
Exhibit "A"
Tract 1
Commencing at a 1/2" iron rod found for the Southeast corner of Lot 587 of the Trophy
Club Section Eight Addition, as recorded in Volume 15, Page 12, Plat Records of
Denton County, Texas; Thence N 54°47'04" W on the South line of said lot 587, a
distance of 18.66 feet to a point on said South line; Thence S 35°12'56" W
perpendicular to said South line, a distance of 35.04 feet to a 1/2" iron rod with cap set
for the Northeast corner of the 0.006 acre Lessee's Land Space, said corner being the
Point of Beginning; Thence S 68°17'17" E a distance of 20.00 feet to a point for corner;
Thence S 21042'33" W a distance of 16.76 feet to a point on the South Parent Tract
Boundary line and being the North Public Right of Way line of State Highway 114 for
corner; Thence N 69°24'41" W on said Right of Way line a distance of 40.01 feet to a
point for corner; Thence N 21042'33" E a distance of 5.55 feet to a 1/2" iron rod with cap
set for the Southwest corner of the 0.006 acre Lessee's Land Space; Thence S
68°17'17" E on the South line of said 0.006 acre Lessee's Land Space, a distance of
20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of the 0.006 acre
Lessee's Land Space for corner; Thence N 21'42'33" E on the East line of the 0.006
acre Lessee's Land Space a distance of 12.00 feet to the Point of Beginning, containing
446.24 square feet or 0.010 acres, more or less.
Tract 2
Commencing at a 1/2" iron rod found for the Southwest corner of Lot 588 of the Trophy
Club Section Eight Addition, as recorded in Volume 15, Page 12, Plat Records of
Denton County, Texas; Thence S 69°15'33" E on the South line of said lot 588, a
distance of 11.19 feet to a point on said South line; Thence S 20°44'27" W
perpendicular to said South line, a distance of 20.56 feet to the Point of Beginning on
the centerline of an existing power vault; Thence S 89°38'47" W a distance of 40.86 feet
to the Point of termination on the East line of the 0.006 acre Lessee's Land Space. Side
lines of said easement to be shortened or extended such as to begin 5.00 foot on each
side of the above described centerline and terminate on the East line of the 0.006 acre
Lessee's Land Space.
ORD 2016-10 P&Z Page 5 of 6
Exhibit "A" continued
11.21 I S 80'17'17' E
0
1.The easements listed hereon were token from the 'TITLE REPORT' conducted by:
ORD 2016-10 P&Z Page 6 of 6