ORD 2007-26TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-26 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE
SAME BEING PD PLANNED DEVELOPMENT #21, EXHIBIT C
DEVELOPMENT SCHEDULE, BY AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING PD PLANNED
DEVELOPMENT #21 FOR PROFESSIONAL, BUSINESS AND
RETAIL USES TO ALLOW A FITNESS/WORKOUT FACILITY
WITH 24-HOUR OPERATION; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT TO PD PLANNED DEVELOPMENT #21 TO ADD
A FITNESS/WORKOUT FACILITY TO THE LIST OF
PERMITTED USES AND TO ALLOW TWENTY FOUR HOUR
OPERATION OF THE FITNESS/WORKOUT FACILITY AND
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
APPLICABLE REGULATIONS; PROVIDING A SAVINGS
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; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that
certain tract of land (the "Land"), described as a 13.97 acre tract of land as PD Planned
Development 421 for Professional, Business and Retail uses, said tract generally ]mown
as the Trophy Club Plaza and as described in Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, on July 18, 2000, the Town Council approved an amendment to PD
Planned Development #21 to allow a Laundry and Dry Cleaning (on-site dry cleaning
facility limited to Exxon DFO-2000) as a permitted use; and
WHEREAS, on or about August 29, 2007, the owner of the Land filed an
application with the Town Planning and Zoning Commission requesting an additional
change in zoning to allow a Fitness/Workout Facility with 24-hour operation and an
amendment to the official Zoning District Map of the Town in accordance with
Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance'); and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the proposed amendment to PD -21 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
those 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 PD Planned Development 421 and 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 PD Planned Development 921 as set forth specifically below 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.
VIu
2.01 Amendment. Ordinance No. 99-17 P&Z of the Town of Trophy Club,
Texas, the same being the Town's PD #21, Exhibit "C" entitled Development Standards,
is hereby amended in the following particulars, and all other articles, chapters, sections,
paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed and the official Zoning District Map of the Town is hereby amended to reflect
the following:
A. Section A(1)(c)(ii). Section A(1)(c)(ii) of Exhibit "C" is hereby amended to
add a Fitness/Workout Facility to the existing list of "Pennitted Uses" as set forth below,
with all other existing uses specified in Section A(1)(c)(ii) of Exhibit "C" being hereby
ratified and affirmed:
A. Purpose.
1. Tracts 1. 2 & 3 (Retail uses. as depicted in Exhibit "B")
(c) Permitted uses:
"(ii) Other uses permitted include:
Fitness/Workout Facility"
B. Section B (3). Section B (3) of Exhibit "C" is hereby amended to be and
read in its entirety as follows:
B. Additional development standards applicable to this Planned Development
District
"3. Hours of operation of uses: Hours of operation for the uses set
forth herein shall be from 6:00 a.m. to 11:00 p.m. except the Grocery
Store, Pharmacy, and Fitness/Workout Facility shall be twenty four (24)
hours. No outside sales of any kind shall be conducted, including but not
limited to, truck lot, pedestrian walkway, tent or other sales. Hours of
delivery services shall be from 6:00 a.m. to 6:00 p.m."
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
this Ordinance, Ordinance No. 2000-14P&Z, Ordinance No. 99-17P&Z, the
Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and
regulations of the Town.
SECTION 4.
SAVINGS
This Ordinance shall be cumulative of all other ordinances of the Town affecting
PD Planned Development #21, 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.
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 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.
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.
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 1 st day of October, 2007.
ATTEST:
Liga Ramsey, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED
^n AS�S TO FORM:
PAtricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
v
NY
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EXHIBIT "A"
LEGAL DESCRIPTION
"IM"
BEING the following tlescribetl tract or parcel of land situated in the Jesse Eads Survey, A-392 and in the J. Sutton
Survey, A-1154, Denton County, Texas and being a portion of a 476.448 acre tract as recorded on Page 530 of Volume
512 in the Denton County Deed Records and a 55.956 acre tract as described as Tract IV as conveyed to Gibraltar
Savings Association as retarded on Page 16 of Volume 8371n the Denton County Deed Records and being more
particularly tlescribetl as follows:
BEGINNING at an Iran rod in the Southerly right-of-way line of Trophy Club Drive (an 80.0 fool right-of-way) and being in
the Easterly Right -of -Way line of Trophy Lake Drive (a variable width right-of-way) and being on a curve having a radius of
874.7 feet whose center bears N 66 degrees 47 minutes 25 seconds E a distance of 874.7 feel;
THENCE Southeasterly along said curve and along the Southerly right-of-way line of said Trophy Club Drive and through
a central angle of 29 degrees 29 minutes 00 seconds, an arc length of 450.1 feet, a chord bearing of S 37 degrees 57
minutes 05 seconds E, and a chard distance of 445.15 feet to an Iran rod at the beginning of a curve to the leh having a
radius of 10,000,0 feet whose center bears S 57 degrees 18 minutes 20 seconds E a distance of 10,000.0 feet;
THENCE Southwesterly along said curve and through a central angle of 1 degree 46 minutes 53 seconds, an arc length
of 310.93 feet, a chord bearing of S 31 degrees 48 minutes 13 seconds W, and a chord distance of 310.92 reel to an Iran
rod;
THENCE N 77 degrees 17 minutes 22 seconds W a distance of 611.08 feat to an Iran rotl and being in the Easterly right-
of-way line of said Trophy Lake Drive;
THENCE N 29 degrees 45 minutes 31 seconds E along the Easterly right-of-way line of said Trophy Lake Drive a
distance of 142.98 feet to an Iran had at the beginning of a curve to the tight having a radius of 845.0 feet whose center
bears S 59 degrees 33 minutes 54 seconds E a distance of 045.0 feet;
THENCE Northeasterly along said curve and along the Easterly right-af-way line of said Trophy Lake Drive and through a
central angle of 37 degrees 47 minutes 49 seconds, an am length of 557.43 feet, a chard bearing of N 49 degrees 20
minutes E, and o chord tllstance of 547.38 feel to place of beginning, containing 6.0126 acres or 261,907 square feet of
land.
TRACT II
BEING the following described tract or parcel attend situated In the J. Sutton Survey, A-1154, Denton County, Texas and
being a tonics of a 55.955 acre tract as described as Tract IV as conveyed to Glbmllar Savings Association by deed
recorded on Page 16 of Volume B37 in the Denton County Deed Records and being more particularly described as
follows:
BEGINNING at an Iron rod at the most Soulheastedy tamer of VILLAGE WEST, Section "A" according to plat recorded
on Page 171 of Cabinet C In the Denton County Plat Records and being al the Intersection of the Northeasterly right cf-
way line of State Highway No. 114 wgh the Easterly right-of-way line of Trophy Lake Drive (an 80.0 foot right-of-way)
THENCE N i degree 44 minutes E along the Easterly right-of-way of said Trophy Lake Drive and along the East line of
said VILLAGE WEST, Section "A" a distance of 154.17 feet to an iron rotl at the beginning of a curve to the fight having a
radius of 532.09 feet whose center bears S 66 degrees 16 minutes E a distance of 532.09 feet;
THENCE Northeasterly along the Easterly right-of-way line of said Tmphy Lake Drive and along the East line of said
VILLAGE WEST, Section "A and through a central angle of 28 degrees 55 minutes 23 seconds, an am length of 268.6
feet, a chord bearing of N 16 degrees 11 minutes 42 seconds E, and a chard distance 0(265.76 feet to an iron rod;
THENCE N 38 degrees 16 minutes 09 seconds E along the Easterly right-of-way line of said Trophy Lake Drive and along
the East line of sold VILLAGE WEST, Section "A' a distance of 165.48 feet to an Iron rad;
THENCE S 77 degrees 17 minutes 22 seconds E a distance of 611.08 feet to an Iron and at the beginning of a curve to
the lea having a radius of 10,000.0 feet whose center bears S 59 degrees 05 minutes 14 seconds E a distance of
10,000.0 feel;
THENCE Southwesterly along said curve and through a control angle of 3 degrees 50 minutes 19 seconds, an arc length
of 669.95 feet, a chord bearing of S 20 degrees 59 minutes 37 seconds W, and a chard distance of 669.83 feet to an Iron
and in the Northeasterly right-of-way line of said Slate Highway No. 114;
THENCE N 68 degrees 48 minutes 38 seconds W along the Northeasterly right-cf-way line of sold Stale Highway No. 114
a distance of 465.07 feet to place of beginning, containing 7.9629 acres or 346,852 square feel of land.