ORD 2015-19 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-19 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
CONDITIONAL USE PERMIT FOR A WASTEWATER TREATMENT FACILITY
LOCATED ON AN APPROXIMATE 6.587 ACRE TRACT IN THE MARY MEDLIN
SURVEY, ABSTRACT 832, ZONED GOVERNMENTAL USE (GU); 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 existing wastewater treatment
facility on the subject property; 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:
ORD 2015-19 P&Z
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 wastewater treatment facility located on an
approximate 6.587 acre tract in the Mary Medlin Survey, Abstract 832 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. The wastewater treatment facility use granted by this CUP shall be confined to, and
located wholly within, the approximate 6.587acre site as shown on the attached Exhibit
"A„
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
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
ORD 2015-19 P&Z 2
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.
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 2015-19 P&Z 3
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 11th day of August, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fimbre , Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
[SEAL]
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ORD 2015-19 P&Z 4
Exhibit "A"
BEING a 6.587 acre (286,927 square feet) tract of land situated in the Mary Medlin Survey, Abstract No.
832 in the Town of Trophy Club, Texas, and being that certain called 6.031 acre tract of land as described in a
Special Warranty Deed to the Trophy Club Municipal Utility District No. 1, as recorded in Volume 3419, Page
827 of the Real Property Record of Denton County, Texas (R.P.R.D.C.T.), and that certain called 0.558 acre
tract of land described in a Warranty Deed to Denton County Municipal Utility District No. 1, (DCMUD tract) as
recorded in Volume 791, Page 45 al the R.P.R.D.C.T., with said 6.587 acre (286,927 square feet) tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found with a plastic cap stamped 'McCULLAH SURVEYING", marking an
angle point in a southerly line of that certain called 3.996 acre tract described in Document No. 2013-12709 of
the Official Record of Denton County, Texas (O.R.D.C.T.), being common with the northwest corner of Lot 1,
Block A of Golf Maintenance Facility Addition, an addition to the Town of Trophy Club, Denton County,
Texas, according to the plat thereof recorded in Volume X, Page 813 of the Plat Records of Denton County,
Texas (P.R.D.C.T.), and the northeast corner of the said 6.031 acre tract;
THENCE South 18 degrees 37 minutes 18 seconds East, traveling with the common east line said called 6.031
acre tract and the west line of Lot 1, Block A, and continuing along the west line of Lot 2, Block A, a
distance of 500.00 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "THE WALLACE GROUP
("cap") marking the common the southeast corner of this tract and the called 6.031 acre tract and the northeast
corner of Lot 3, Block A of the Golf Maintenance Facility Addition;
THENCE South 71 degrees 22 minutes 42 seconds West, departing the west line of Lot 2, Block A and
traveling along the common south line of the called 6.031 acres tract and the north line of Lot 3, Block A, a
distance of 575.00 feet to a 1/2 inch iron rod found with o plastic cap stamped 'McCULLAH SURVEYING"
marking the common southwest corner of the called 6.031 acre tract and the northwest corner of Lot 3, Block
A, with said point also being in the present easterly line of the remainder of Tract E -401A as described in a
Judgment to the United States of America, as recorded in Volume 380, Page 149 - R.P.R.D.C.T., and also
described in a Quit Claim Deed from the United States of America to R.D. Busby, as recorded in Volume
462, Page 422 R.P.R.D.C.T.;
THENCE North 18 degrees 39 minutes 48 seconds West traveling with the common west line of the called
6.031 acre tract and the DCMUD tract and the east line of the remainder of Tract E -401A, a distance of
468.55 feet to a 5/8 inch iron rod set with "'cap "marking an angle point in said common line;
THENCE North 28 degrees 41 minutes 08 seconds East, along a westerly line of said called 6.031 acre tract
and an easterly line of said Tract E -401A, a distance of 47.69 feet to a 1/2 inch iron rod found with o
plastic cap stamped 'McCULLAH SURVEYING" marking the common most northerly northwest corner of the
called 6.031 acre tract and the southwest corner of the aforementioned called 3.996 acre tract;
THENCE North 71 degrees 19 minutes 47 seconds East along the common north line of said called 6.051
acre tract and said south line of said called 3.996 acre tract, a distance of 541.77 feet to the POINT OF
BEGINNING.
CONTAINING within the metes recited 6.587 acres (286,927 square feet) of land, more or less.
ORD 2015-19 P&Z 5
Exhibit "A" continued
ORD 2015-19 P&Z 6
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ORD 2015-19 P&Z 6