ORD 2003-27 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.2003 — 27 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 A 10.897 ACRE TRACT OF LAND, ALL LOCATED
NORTH NORTHWEST OF HARMONY PARK WITHIN THE TOWN
MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" A COPY OF
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN,
FROM ITS ZONING DESIGNATION OF PD PLANNED DEVELOPMENT
NO. 22 TO "R-12" RESIDENTIAL; 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 R-12
RESIDENTIAL ZONING FOR SUCH 10.897 ACRE TRACT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS;
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; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; 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 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within the
Town;
WHEREAS, the owner of the tract of land (the "Land"), described as a 10.897 acre tract
of land currently zoned PD Planned Development No. 22 (PD-22), said tract being more
specifically described in Exhibit "A" attached hereto and incorporated herein, filed an
application with the Town Planning and Zoning Commission requesting a change in zoning of
the Land into "R-12" Residential 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 case to rezone the Land 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 those public
hearings and all other relevant information and materials, the Planning and Zoning Commission
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of the Town has recommended to the Town Council the adoption of the amendments to
Comprehensive Zoning Ordinance No. 2000-06 P&Z 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; and
WHEREAS, the Town Council has determined that there is a necessity and need for the
change in zoning and that the proposed change is consistent with the Comprehensive Land Use
Plan.
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.
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
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, 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:
A. The zoning on the Land, being a 10.897 acre tract of land described in Exhibit
"All attached hereto and incorporated herein, heretofore zoned PD Planned
Development No. 22, is hereby changed to "R-12" Residential, in accordance
with the requirements of all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
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SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to marls and indicate on the
official Zoning District Map of the Town the zoning change herein made.
SECTION S.
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
this Ordinance, and the Town 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 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the zoning, platting, and subdivision of land which have secured at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such Ordinances same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating fined,
or failing to comply with any provision hereof shall be 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 10.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
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SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 12.
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 l" day of December, 2003.
Effective Date: DECEMBER 6, 2003
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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PROPERTY DESCRIPTION
BEING a 10.897 acre tract of land situated in the M. MEDLIN SURVEY, ABSTRACT NO. 832 and the J.R.
MICHAELS SURVEY, ABSTRACT NO. 821 and being a portion of that tract of land described in deed to
Beck Properties, Trophy Club, LP and recorded In County Clerks File No. 93--RO087516, Real Property
Records, Denton County, Texas, said 10.897 acre tract of land being more particularly described by metes
and. bounds as follows;
BEGINNING at a.point in an easterly line of said Beck Properties, Trophy Club, LP tract of land, sold point
bears N1542'16"E, a distance of 1050.33 feet from the northwest comer of Lot 15, Block 1, Water Edge
at Hogan's Glen, Phase 1, an addition to the Town of Trophy Club according to the plat recorded in
Cabinet S, Page 39, Plat Records, Denton County, Texas, said point also being at the beginning of a
non —tangent curve to the right having a radius of 1105.49 feet and whose long chord bears N79'43'11"W,
a distance of 346.51 feet;
THENCE along said curve to the right, through a central angle of 18'02'00", an are length of 347.94 feet
to a point at the and of said curve;
THENCE N48'31'52"W, a distance of 93.15 feet to a point at the beginning of a curve to the right having
a radius of 745.00 feet and whose long chord bears N25'08'27"W, a distance 'of 591.52 feet;
THENCE -along said curve .to the right, through a central angle of 46'46'51", an arc length of 608.28 feet
to a point at the end of said curve;
THENCE N01'45'01"W, a distance of 343.71 feet to a point at the Beginning of a curve to the left having
a radius of 2225.00 feet and whose long chord beans N06'41'45"W, a distance of 383.62 feet;
THENCE along said curve to the left, through a central angle of 09'53'27", an arc length of 384.10 feet
to a- point at the end of sold curve, said point also being In a southerly line of a tract of land described
in deed to Cobblestone Texas, Inc. and recorded In County Clerks File No. 93—R00S7511, Real Property
Records, Denton County. Texas;;
THENCE N24'17'30'"E, along the common line of said Beck Properties, Trophy Club. LP and Cobblestone
Texas, Inc. tracts of land, a distance of 9.22 feet to a point _
THENCE S37'38'03"E, continuing along said common line, a distance of 172.74 feet to a point;
THENCE S32'34'49"E, continuing along said common line, a distance of 821.35 feet to a point;
THENCE 545'09'21"E, continuing along said common line, a distance of 232.24 feet to a point;.
THENCE SDO'24'14"E, leaving said common line, a distance of 339.34 feet to a point;
THENCE S0115'49"W, a distance of 60.00 feet to the POINT OF BEGINNING and containing 474,669 square
feet or 10.897 acres of land;
EXHIBIT 99A99
(10.897 ACRE TRACT OF LAND) SHEET 1 OF 2