ORD 1994-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 94-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 91-01 OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A
CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND
GENERALLY DESCRIBED AS FOLLOWS: BEING GENERALLY
DESCRIBED AS THE CLUB AT TROPHY CLUB, TROPHY CLUB,
TEXAS, INCLUDING THE GOLF CLUB HOUSE, GOLF COURSE AND ALL
OTHER PARTS OF THE CLUB AT TROPHY CLUB, AND CONTAINING
294.6631 ACRES OF LAND, AND AS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED HEREIN, BY GRANTING ON THE SAID
REAL PROPERTY (ZONED CR -COMMERCIAL RECREATION) A
CONDITIONAL USE PERMIT FOR THE ON -PREMISE SALE, SERVING,
CONSUMPTION, STORAGE AND/OR POSSESSION OF ALCOHOLIC
BEVERAGES, AS AUTHORIZED BY SECTIONS 34 (SALE OF
ALCOHOLIC BEVERAGES) AND 42 (CONDITIONAL AND SPECIAL USE)
OF THE COMPREHENSIVE ZONING ORDINANCE, IN ACCORDANCE WITH
THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE, AND WITH A SITE
PLAN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF
THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT
THE SAID PROPERTY WITH A ZONING OF CR -COMMERCIAL
RECREATION WITH A CONDITIONAL USE PERMIT FOR THE ON -
PREMISE SALE AND SERVING OF ALCOHOLIC BEVERAGES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A
PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION
HEREOF AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinances heretofore adopted by the Town
Council of the Town of Trophy Club, Texas (the "Town"), that real
property described generally as The Club at Trophy Club, including
the golf club house, golf course and all other parts of The Club at
Trophy Club, and containing 294.6631 acres of land, and as more
specifically described by metes and bounds in Exhibit "A"" attached
hereto and incorporated herein, located within the Town of Trophy
Club, Texas, and which property is the subject of this Ordinance
(the property being described herein as the "Land"), was zoned CR -
Commercial Recreation, which specified that the Land be used in
conformity with the regulations of CR -Commercial Recreation
District and with the other applicable terms of Ordinance No. 91-01
of the Town (the "Comprehensive Zoning Ordinance"); and
-1-
information and other materials received at the public hearings,
the Town Council has concluded that the adoption of this Ordinance
is in the best interest 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 Preamble. That the above and
foregoing preamble is true and correct and is incorporated into the
body of this Ordinance as if copied herein in its entirety.
Section 2. Rezoning. That Ordinance No. 91-01 of the Town,
the same being the Town's Comprehensive Zoning Ordinance, is hereby
amended in the following particulars, and that all other Articles,
chapters, sections, subsections, paragraphs, sentences, phrases and
words of the Comprehensive Zoning Ordinance are not amended but are
hereby ratified, verified, approved and affirmed:
A. That the zoning on the Land described in Exhibit "A"
attached hereto and incorporated herein for all purposes,
heretofore zoned CR -Commercial Recreation, is hereby changed by
granting a conditional use permit for the on -premise sale, serving,
consumption, storage and/or possession of alcoholic beverages for
private club purposes only, according to the standards and
requirements set forth in Exhibits " z�_" through"." attached
hereto and incorporated herein for all purposes, and with the
specific requirements of this Ordinance, with all other parts of
the Comprehensive Zoning Ordinance, with the site plan, and with
all applicable ordinances, rules and regulations of the Town.
Section 3. _Zoning Map. The Town Secretary is hereby directed
to mark and indicate on the official Zoning District Map of the
Town to reflect the zoning changes herein made.
Section 4. Other Town Ordinances. That in all other respects
the use of the lands hereinabove described shall be subject to all
applicable regulations contained in the Comprehensive Zoning
Ordinance and all other applicable and pertinent ordinances of the
Town.
Section 5. Purpose. That the zoning and site plan approval
as herein established have been made in accordance with the
Comprehensive Plan of the Town for the purpose of promoting the
health, safety and 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 commercial needs and development of the community. They
have been made with consideration of the reasonable suitability for
the particular uses and with a view of conserving the value of
-3-
WHEREAS, application has been made pursuant to the
Comprehensive Zoning Ordinance and State law for the rezoning of
the Land from CR -Commercial Recreation to CR -Commercial Recreation
with a Conditional Use Permit for the on -premises sale, serving,
consumption, storage and/or possession of alcoholic beverages in
accordance with Sections 34 and 42 of the Comprehensive Zoning
Ordinance, and all the legal requirements, conditions and
prerequisites having been complied with, the case having come
before the Town Council after all legal notices, requirements,
conditions and prerequisites were complied with; and
WHEREAS, the Town Council, at a public hearing held jointly
with the Planning and Zoning Commission, had an opportunity to
consider the following factors in making a determination as to
whether the requested change should be granted or denied: safety
of the motoring public and the pedestrians using the facilities in
the area immediately surrounding the tracts of land; safety from
fire hazards and damages, noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on the
established character of the neighborhood; location, lighting and
types of signs and relation of signs to traffic control and
adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the
site and in the immediate neighborhood; adequacy of parking,
location of ingress and egress points for parking and off street
loading 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, and the effect on the transportation, water, sewerage,
schools, parks and other public facilities; and
WHEREAS, the Town Council further considered among other
things the character of the district and their peculiar suitability
for particular uses, with a view of conserving the value of
buildings and encouraging the most appropriate use of land in the
Town; and
WHEREAS, the Town Council does find that there is a public
necessity for the zoning change, that the public demands them, that
the public interest clearly requires the amendments, and that the
zoning changes do not unreasonably invade the rights of those who
bought or improved property with reference to the classification
which existed at the time of the original investment was made; 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 said public 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
amendment 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
-2-
buildings and encouraging the most appropriate use of land
throughout the community.
Section 6. Savings; Repealer. That this Ordinance shall be
cumulative of all other ordinances of the Town affecting zoning and
shall not repeal any of the provisions of those ordinances except
in those instances where provisions of those ordinances are in
direct conflict with the provisions of this Ordinance.
Section 7. 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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more
than Two Thousand Dollars ($2, 000. 00) , and a separate offense shall
be deemed committed upon each day during or on which a violation
occurs or continues.
Section 8. Severability. That if any section, article,
paragraph, sentence, clause, phrase 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 City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and
effect.
Section 9. Effective Date. That this Ordinance shall become
effective from and after its date of adoption and publication as
provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the 1Rt day of , 1994.
ATTEST:
)�Z'IAII/l C�da'"Ltll 11 -
Town Seatetary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
i
Town A torney,
Town of Trophy Club, Texas
-4-
Mayor, Town of'Tr'ophy Club, Texas