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ORD 2015-21 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-21 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2013-09 ESTABLISHING PD PLANNED DEVELOPMENT #32 AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING EXHIBIT "B" CONCEPT PLAN, BY CHANGING THE COMMON AREA FOR LOT 1A, BLOCK J, CANTERBURY HILLS PHASE 1A, FROM 1.087 ACRES TO 1.04 ACRES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF PLANNED DEVELOPMENT #32, THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; 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 owner of Lot 5, Block J, Canterbury Hills Phase 1A, zoned as Planned Development #32 ("PD #32") filed an application with the Town Planning and Zoning Commission requesting an amendment to PD #32, more specifically to amend Exhibit "B" entitled "Concept Plan" by changing the common area for Lot 1A from 1.087 acres to 1.04 acres"; and WHEREAS, the owner of the common area identified as Lot 1A, Block J, Canterbury Hills Phase 1A, has submitted written approval authorizing the proposed amendment, and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #32 came before the Planning and Zoning Commission and Town Council; 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. AMENDMENT Ordinance No. 2013-09 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #32 is hereby amended by this Ordinance amending Exhibit "B" Concept Plan by changing the common area for Lot 1A, Block J, Canterbury Hills Phase 1A from 1.087 acres to 1.04 acres as shown on Exhibit "A" of this Ordinance. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in PD #32, the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. 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 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. ORD 2015-21 P&Z Page 2 of 5 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 as required by the Town Charter. 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. ORD 2015-21 P&Z Page 3 of 5 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: i own ui i rupny uiuu, i exas APPROVED AS TO FORM: Patricia A. dams, Town Attorney Town of Trophy Club, Texas 1 RGpJOy [SEAL] :�MI33 .�,V '� ORD 2015-21 P&Z Page 4 of 5 Exhibit "A" 0.509 ACRE —RIGHT-OF-WAY DEDICATION C.C.# 2008-112587 R.P,R.D,C.T. I 1 SCALE. 1' = 200' \1AA SHEET 8 CONCEPT PLAN TRACT 2 CANTERBURY HILLS 1 ^ � _ SCALE t - 200 OUT THE W. J. MISURVEY ABSTRACT N0. rAND THE J. MICHAEL SURVEY, ABSTRACT NO NO. 621 7 puwN BY B MY > C)W N ~ C) CHECKEO 8v M.J.B. INTHE TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS 2 CO TRACT 3 u Q. -O P, p 8 CLUBCORP GOLF OF TEXAS aam�'',oDr C.C.# 2000-ROO13148 I- x1>, N a 5 D. R. D.C.T. 0 9 j 11 m 4 10 � p v 3 11 12 v 2 1 �13 1553 60 V 14 1554 BLOCK M 19 TROPHYCLUB-- 1 2 20 1 28 15 CAB. E. PG. 9 P.R. �� P As h E V ILL E ''yo �. 18 .C.T 1559 WATERS EDGE HOGAN'S GLEN F39 ol �'Y ' COMM t 1555 AT 42 C`RfqSONCAB. PHASE 28-2 E'� 2012, PAGE 222 17 1557 1558 P.R.D-C.T. dp t*i BLOCK L WATERS EDGE INDIAN CREEK AT HOGAN'S GLEN _ DRIVE 38 37 36 PHASE 28-1 TRACT 1 TRACT 1 CAB. 2012, PAGE 42 3,200 ACRES 10.000 AC P.R.D.C.T. TOWN OF TROPHY CLUB TOWN OF TROPHY CLUB VOLUME 2415, PAGE 27 VOLUME 2415. PAGE 21 33 D.R.O.C.T D.R.D.C.T. SHEET DATE: 02-01.13 CONCEPT PLAN TRACT 2 CANTERBURY HILLS BS _ SCALE t - 200 OUT THE W. J. MISURVEY ABSTRACT N0. rAND THE J. MICHAEL SURVEY, ABSTRACT NO NO. 621 7950 ELMSROOK DRIVE DALLAS. TX 75247-4961 PHONE 214-638-0145 FAX 214-638-0447 puwN BY B MY 1 OF � CHECKEO 8v M.J.B. INTHE TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS ORD 2015-21 P&Z Page 5 of 5