ORD 2015-36 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-36 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS 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); 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 install a wireless antenna facility along with
ground support appurtenances; 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. A Conditional Use Permit (CUP) for a wireless antenna facility located on an
approximate 0.006 acre lease area on Tract C, Trophy Club Section 8 and further
described in Exhibit "A", a copy of which is attached hereto and incorporated herein, is
hereby approved as set forth herein, and the CUP and the use for which it is granted is
subject to all Applicable Regulations and to the following conditions:
A. No landscaping shall be required for this site.
B. The required screening wall shall be composed of split -face concrete masonry
unit material and shall, at a minimum, meet or exceed the height of any facility
equipment located on the site such that said equipment is completely screened
from view in all directions, except for the ice bridge between the structure and the
tower. The wall color shall match a wall color agreed upon by Staff prior to
construction.
C. The driveway accessing the site shall be composed of concrete.
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
ORD 2015-36 P&Z Page 2 of 6
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.
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 2015-36 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 September, 2015.
C. Nick Sanders, Maybf-
Town of Trophy Club, Texas
APPROVED AS TO FORM:
: V, 10 A"a wa)-
atricia A. Adams, Town Attorney
Town of Trophy Club, Texas
[SEAL]
ORD 2015-36 P&Z Page 4 of 6
Exhibit "A"
A tract of land lying in and being a part of The Trophy Club Section Eight, Tract C, an Addition
to the Town of Trophy Club, Denton County, Texas as recorded in Volume 15, Page 12, Plat
records of Denton County, Texas; Said tract being more particularly described as follows:
Commencing at a'/z inch 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 54047'04" W on the South line of said Lot 587, a distance of 38.11 feet to a point on
said South line;
Thence S 35012'56" W perpendicular to said South line, a distance of 39.71 feet to a 1/2 inch
iron rod with cap set for the Northwest corner, said corner being the Point of Beginning;
Thence S 68017'17" E a distance of 20.00 feet to a'/2 inch iron rod with cap set for the
Northeast corner;
Thence S 21042'33" W a distance of 12.00 feet to a M2 inch iron rod with cap set for the
Southeast corner;
Thence N 68017'17" W a distance of 20.00 feet to a'/2 inch iron rod with cap set for the
Southwest corner;
Thence N 21042'33" E a distance of 12.00 feet to the point of Beginning, containing 240.00
square feet or 0.006 acres, more or less.
ORD 2015-36 P&Z Page 5 of 6
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ORD 2015-36 P&Z Page 6 of 6