ORD 2009-08TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-08 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE,
AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN
BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS AN APPROXIMATE 2.300 ACRE TRACT OF
LAND CURRENTLY ZONED "R-15" — SINGLE FAMILY
RESIDENTIAL TO "R-12" SINGLE FAMILY RESIDENTIAL;
PROVIDING FOR EXHIBIT "A", LEGAL DESCRIPTION"; AND
PROVIDING FOR EXHIBIT "B", "ZONING CHANGE EXHIBIT";
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING
CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE
TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT
THE R-12 ZONING FOR SUCH 2.300 ACRE TRACT;
PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; 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
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the
"Town"), is authorized and empowered by law, in accordance with Chapter 211 of
the Texas Local Government Code, to regulate Land use, and property
development within the Town for the public health, safety and general welfare;
WHEREAS, the owner of the tract of land, collectively described as a
2.300 acre tract of land, zoned R-15 — Single Family Residential, and such land
being further described in Exhibit "A", attached hereto and incorporated herein,
(the "Land"), filed an application with the Town's Planning and Zoning
Commission requesting a change in zoning of the Land into R-12 -- Single Family
Residential. Such application further requested an amendment to the official
Zoning District Map of the Town in accordance with Chapter 13 of the Town's
Code of Ordinances; and
WHEREAS, all legal notices, requirements and conditions having been
complied with, the case to rezone the Land came before the Planning and Zoning
Commission; and
Ordinance 2009-08
WHEREAS, after public notices were given in compliance with State law
and public hearings were conducted, and after considering the information
submitted at 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 Comprehensive Zoning
Ordinance as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and
conditions, a public hearing was held before Town Council at which the Town
Council considered, among other things, the character of the land and its
suitability for particular uses, with a view of encouraging the most appropriate
use of land in the Town, and does hereby find that the rezoning approved hereby
accomplishes such objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
FINDINGS
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 is in the best interests of the Town of Trophy Club, Texas, and of the
public health, safety and welfare.
SECTION 3.
REZONING
The Zoning Ordinance for the Town, adopting the Zoning Map, codified in
Chapter 13 of the Code of Ordinances of the Town of Trophy Club, is
hereby amended in the following particulars:
A. The zoning of the Land, being a 2.3 acre tract of land
described in Exhibit "A" and Exhibit "B", attached hereto
and incorporated herein, is hereby changed to adopt
provisions for "R-12" Single Family Residential in
accordance with the requirements of this Ordinance, all
applicable parts of Chapter 13, the Zoning Code, and all
other applicable ordinances, rules and regulations of the
Town. The Zoning Map is hereby amended to reflect the
"R-12" Single Family Residential designation for the tract
of Land.
Ordinance 2009-08
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town and
shall not repeal any of the provisions of such ordinances except in those
instances where 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 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.
SEVERABILITY
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 the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as set forth in the home rule Charter of the Town and
by filing this Ordinance in the Ordinance records of the Town.
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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Focal Government Code.
Ordinance 2009-08
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 1 8th day of May, 2009.
Effective Date: 5/27/09
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
a
Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-08
EXHIBIT A
LEGAL DESCRIPTION
2.300 ACRES
BEING A 2.300 ACRE TRACT OF LAND SITUATED IN THE M. MEDLIN
SURVEY, ABSTRACT NO. 832, TOWN OF TROPHY CLUB, DENTON
COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND CONVEYED AS
"TRACT III" (NEIGHBORHOOD 10) TO BDMR DEVELOPMENT, LLC, AS
RECORDED IN COUNTY CLERK'S FILE NO. 2007-82834, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS. SAID 2.300 ACRE TRACT, WITH
REFERENCE BEARING BEING GRID NORTH, TEXAS STATE PLANE
COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE
2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006
CALCULATED FROM ARLINGTON RRP2 COBS ARP (PID-DF5387),
SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID-
DF8986) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP
STAMPED "CARTER BURGESS" SET FOR THE NORTHEAST CORNER OF
SAID "TRACT III" (NEIGHBORHOOD 10) AND THE COMMON NORTHWEST
CORNER OF EAGLES RIDGE, PHASE 1, AN ADDITION TO DENTON
COUNTY, AS RECORDED IN CABINET M, PAGE 150, PLAT RECORDS,
DENTON COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID "TRACT III" (NEIGHBORHOOD
10) AND THE COMMON WEST LINE OF SAID EAGLES RIDGE, PHASE 1,
THE FOLLOWING COURSES AND DISTANCES:
SOUTH 24 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE
OF 206.44 FEET TO A POINT FOR CORNER;
SOUTH 02 DEGREES 42 MINUTES 39 SECONDS WEST, A DISTANCE
OF 114.30 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "NELSON" FOUND FOR CORNER;
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE
OF 136.99 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "NELSON" FOUND FOR CORNER;
SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE
OF 40.14 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC CAP
STAMPED "McCULLAH" FOUND FOR CORNER;
Ordinance 2009-08
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE
OF 50.00 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "NELSON" FOUND FOR CORNER;
SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE
OF 40.00 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "NELSON" FOUND FOR CORNER;
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE
OF 135.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 01 DEGREES 27 MINUTES 18 SECONDS EAST, OVER
AND ACROSS SAID "TRACT III" (NEIGHBORHOOD 10), A DISTANCE OF
369.37 FEET TO A POINT FOR CORNER ON THE NORTH LINE OF SAID
"TRACT III" (NEIGHBORHOOD 10);
THENCE, NORTH 88 DEGREES 57 MINUTES 19 SECONDS EAST, ALONG
THE NORTH LINE OF SAID `TRACT Ili" (NEIGHBORHOOD 10), A DISTANCE
OF 233.38 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.300
ACRES OF LAND, MORE OR LESS.
1901111Ftii 0181`' �
EXHIBIT B
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1-WIM.
'UNING EXIMAT
F.F. P"T
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Ordinance 2009-08
VICINITY MAP
NOT TO SCALE
I
I
I
49 50
II
I
51
240 ACRES
TRACT E-405
UNITED STATES OF AMERICA
VOL. 370, PG. 208
D.R.D.C.T.
52
TRACT III
NEIGHBORHOOD 10 PROPOSED
BDMR DEVELOPMENT, LLC TENISON TRAIL
CC# 2007-82834
R.P.R.D.C.T. - - - - - - -
- - — ZONED R-12I
I I
I I 10
7
I
FUTURE DEVELOPMENT
CANTERBURY HILLS
PHASE 2A
I ZONED R-12------------
I I
I I
I I 9
o$
N
53
EXISTING
PROPOSED
S�R-432
10"JoC
CIRS
LINE
BEARING
DISTANCE
Li
S O1'27'18" W
40.14'
L2
I N 88'32'42" W
50.00'
L3
I S 01'27'18" W
40.00'
POINT OF
BEGINNING
I
I
I
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I s
54 to
I /
ZONING R-15 \
ZONING R-12 \ ss
I
p 0
Z Fm
II I z�
I I I
56
11 CIRF
- J "NELSON"
- I I
I
CIRF
"NELSON"
I
II _ L1
N 88'32'42" W 135.00'
CIRF
.NELSON"
42 1
N 88'32'42" W 136.99'
CIRF
"McCULLAH"
44
EAGLES RIDGE
PHASE 1
CAB. M, PG. 150
c
P.R.D.C.T.
ZONED R-12
3
a
LOT A
c
M
BLOCK F
iv
PARK DEDICATION TO
`r THE
TOWN OF TROPHY CLUB
0
N
CIRF
"NELSON"
PURPOSE STATEMENT
TO RE -ZONE 2.3 ACRES OF SINGLE FAMILY RESIDENTIAL
PROPERTY FROM R-15 TO R-12 FOR RESIDENTIAL DEVELOPMENT,
WHICH WOULD MATCH THE EXISTING ZONING OF THE ADJACENT
SINGLE FAMILY RESIDENTIAL PROPERTY.
43
EAGLES RIDGE g /
PHASE 1 �\ /
CAB. M, PG. 150 /
yll
3
EAGLES RIDGE, CABINET X, PAP.R.D.C.T50 25 0 50
ZONED R-SCALE IN FEET
1' = 50'
45
46
ZONING EXHIBIT
LOTS SHOWN ARE TO BE PART OF THE
FUTURE CANTERBURY HILLS DEVELOPMENT
OUT OF THE
M. MEDLIN SURVEY, ABSTRACT NO. 832
TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS
2.300 ACRES
P.R.D f /
OWNER/DEVELOPER: BDMR DEVELOPMENT, LLC
ZONED -1.-1 2 R
se Sy /'
1221 1-35 EAST, SUITE 200
39 40 41 "
\ /
CARROLLTON, TEXAS 75006
PHONE (469) 892-7200(MAIN)
E OomN -
FAX (469) 892-7201(MAIN)
\
11
ATTN: BRAD BIBER
- - - - - - - / / 0
ENGINEER/SURVEYOR: JACOBS
/ \
7950 ELMBROOK DRIVE DALLAS, TX 75247-4961
PHONE 214-638-0145 FAX 214-638-0447
PROPOSED
SKYLINE DRIVE - —' - — - - — - — _ _ _ _ / � 9
CONTACT JAISON STEPHEN, P.E.
_ _ _
SKYLINE DRIVE \
RF_C"FIVED � —rvl),—o/S
APR 2 9 2009 TC.. 5 A3-0
BY: Gl' MAY 2009
c\Sm\Cx439\C3x43312\can\2529-212Ex i 2.a..9