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ORD 1989-10TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 89-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING ZONING PURSUANT TO ORDINANCE NO. 87---23 OF THE TOWN, THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING APPROXIMATELY 6.4155 ACRES OF LAND SITUATED IN THE CHARLES MEDLIN SURVEY, ABSTRACT NO. 823, DENTON COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID ZONING BEING PD PLANNED DEVELOPMENT DISTRICT AS AUTHORIZED BY SECTION 16 OF ORDINANCE NO. 87-23 OF THE TOWN, IN ACCORDANCE WITH A COMPREHENSIVE SITE PLAN; PROVIDING THAT THE LAND AS ZONED SHALL BE IDENTIFIED AS PLANNED DEVELOPMENT DISTRICT NO. 9 ; PROVIDING THAT THE ZONING MAP SHALL REFLECT PD PLANNED DEVELOPMENT DISTRICT NO. 9 FOR THE SUBJECT PROPERTY; PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST AND GENERAL WELFARE DEMAND THE ZONING HEREIN MADE; 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 AN EFFECTIVE DATE. WHEREAS, the Town Council and Planning and Zoning Commission of the Town of Trophy Club, Texas (the "Town"), having given public notice and having held a public hearing in accordance with State law and all other legal requirements, conditions and prerequisites having been complied with, adopted the text of the Comprehensive Zoning Ordinance of the Town, being Town Ordinance No. 87-23; and WHEREAS, notice of the date, time and place to conduct a public hearing on the proposed Zoning Map of the Town was given personally to each owner of real property within the Town by mailing such information, along with a copy of the proposed Zoning Map, to the address of each such property owner as shown on the most recent approved ad valorem tax roll of the Town, said personal notice being provided in accordance with State law; and 0214j WHEREAS, notice of the date, time and place of the public hearing on the Zoning Map was also published in the official Town newspaper in accordance with State law; and WHEREAS, the said notices provided that a public hearing to consider zoning of all real property within the Town, exclusive of an area submitted for planned development zoning owned by Independent American Development (Phase II) Corporation and containing approximately 991 acres of land (the "Independent American Planned Development"), was to be held on Monday, September 21, 1987, beginning at 7:00 o'clock p.m. at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, and that the said public hearing would be continued to October 5, 1987, beginning at 7:00 o'clock p.m., at the said Municipal Utility District Building to consider the proposed Independent American Planned Development; and WHEREAS, on September 21, 1987 and at the time and place stated in the personal and published notices, the Town Council and Planning and Zoning Commission opened the public hearing to consider the Zoning Map and the zoning of all real property within the Town, exclusive of the Independent American Planned Development, and continued the said public hearing until a certain specific date; and WHEREAS, during the said public hearings concerning the zoning of all land within the Town and the adoption of the Zoning Map, certain parcels of land were left unzoned, including the 6.4155 acre tract of land made the subject of this Ordinance (consisting of two tracts of land, one tract containing approximately 4.3095 acres and the other tract containing approximately 2.106 acres); and WHEREAS, the Planning and Zoning Commission and Town Council desire now to complete the zoning on and of the said 6.4155 acre tract; and WHEREAS, in accordance with that desire, the Town issued notice to interested persons, both personal and by publication in accordance with law, concerning a public hearing to be held by the Planning and Zoning Commission and Town Council on April 20, 1989 regarding the zoning of the said 6.4155 acre tract; and WHEREAS, after the said public notices were given in compliance with law and public hearings were conducted, the Planning and Zoning Commission made a recommendation to the Town Council concerning the zoning of the 6.4155 acre tract, and the case having come before the Town Council after all legal notices, requirements, conditions, and prerequisites having been complied with; and WHEREAS, Section 16 of the Comprehensive Zoning Ordinance provides for planned development zoning under the PD Planned 0214] -2- Development District regulations, which zoning district is designed and structured to permit and encourage creative development of the land and variety and flexibility in the development patterns of the Town which promote the health, safety, morals and general welfare of the community; and WHEREAS, the development of land pursuant to the PD Planned Development District regulations requires, prior to the issuance of any building permit, the approval of a site plan and plat as outlined in the said Section 16; 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 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 damage; 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 parking facilities; 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; 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 particular uses, with a view to conserve the value of buildings and encourage the most appropriate use of land throughout the Town; 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, and 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; and 0214] -3- WHEREAS, after due deliberation and consideration of the information received during the public hearing and the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this ordinance is in the best interests 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. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the allowed use of certain land and comprising two tracts, one tract containing approximately 4.3095 acres and the other tract containing approximately 2.106 acres and together comprising 6.4155 acres (together, the "tract of land"), and located in the Charles Medlin Survey, Abstract No. 823, Denton County, Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (and shown as Tracts II and III on the map attached to the said Exhibit), shall be in accordance and conformity with and be zoned PD Planned Development District according to the standards, conditions and regulations set forth in Section 16 of the Town Comprehensive Zoning Ordinance, Ordinance No. 87-23, and said tract of land shall be in conformity with this ordinance, all other parts of the said Comprehensive Zoning Ordinance and all applicable ordinances, rules and regulations of the Town of Trophy Club. The said tract of land as zoned shall be identified as Planned Development District No. 9 . Section 3. That a comprehensive site plan for that area described in Exhibit "A" shall be submitted by the Owner and Developer as required by the Comprehensive Zoning Ordinance, Ordinance No. 87-23, and shall be approved by the Planning and Zoning Commission and Town Council and filed as part of this ordinance prior to the issuance of any Building Permit in this Planned Development District. Section 4. That the development of the property described herein in Exhibit "A" shall take place in accordance with all PD Planned Development District regulations and all other parts and regulations set forth in the Comprehensive Zoning Ordinance, Ordinance No. 87-23, except as otherwise provided by this ordinance. Section 5. That the current use of the property described in the attached Exhibit "A" may be continued in accordance with the standards set forth in Section 22 of the Comprehensive Zoning Ordinance, Nonconforming Uses and Structures. As provided for in the said Chapter 22, the current use of the property and the current buildings and 0214j -4- structures thereon may not be changed, enlarged or altered except as authorized by the Zoning Board of Adjustment or except as provided for in an approved site plan as required herein. Section 6. The Town Secretary is hereby directed to mark and indicate on the official Zoning District Map of the Town of Trophy Club, Texas, to reflect the zoning made herein. Section 7. That in all other respects the use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the Town of Trophy Club, Texas. Section 8. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the 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 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 buildings and encouraging the most appropriate use of land throughout the community. Section 9. This Ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas affecting zoning 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 10. That the term and provisions of this Ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract of land described herein. Section 11. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed 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. 0214] -5- Section 12. That this Ordinance shall take effect from and after its date of passage and publication as provided by 1aw. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 15th day of June , 1989. Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town)Attorney Town of Trophy Club, Texas 0214] -6-