ORD 1995-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 95-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 94-09 OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED
AS 0.6103 ACRE TRACT OF LAND LYING ADJACENT
AND CONTIGUOUS TO LOT 1353, TROPHY CLUB
SECTION 11 AND AS DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN,
FROM ITS CURRENT ZONING OF CR -COMMERCIAL
RECREATION TO R-10 SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING THAT SUCH TRACT OF LAND
SHALL BE USED IN ACCORDANCE WITH THE
REQUUMMENTS OF THE COMPREHENSIVE ZONING
ORDINANCE AND ALL OTHER APPLICABLE
ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE R-10 SINGLE
FAMILY DISTRICT FOR THE SUBJECT PROPERTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED ($500.00) 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 AN EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (together, the "Land") described as a 0.6103
acre tract of land described in Exhibit "A" attached hereto and incorporated herein filed an
application with the Town requesting the rezoning of the Land in accordance with Ordinance No.
94-09 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 on before the Planning and Zoning Commission and Town
Council; and
WHEREAS, the Town Council, at a public hearing held jointly with the Planning and
Zoning Commission, had an opportunity to consider the following factors in making a
determination as to whether the requested changes should be granted or denied: effect on the
congestion in the streets, the fire hazards and other dangers possibly present and the securing
of safety from same, the effect on the promotion of health and the general welfare, effect on
adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other
public facilities; and
DOC #. 2430M -1-
WHEREAS, the Town Council further considered among other things the character of
the districts and their peculiar suitability for particular uses, with a view of conserving the value
of buildings and encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; 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 said public
hearing 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 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. Rezoning. Ordinance No. 94-09 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 0.6103 acre tract of land described in Exhibit
"A" attached hereto and incorporated herein, heretofore zoned CR -Commercial Recreation
District is hereby changed to R-10 Single Family Residential District for detached single family
dwellings, in accordance with the requirements of this Ordinance, all applicable parts of the
Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of
the Town.
Section 3. Zoning map. The Planning and Zoning Administrator is hereby directed to
mark and indicate on the official Zoning District Map of the Town to reflect the zoning change
herein made.
Section 4. Purpose. The amendment to zoning herein made has been made in
accordance with the Comprehensive Plan of the Town for the purpose of promoting the health,
safety and welfare of the community, and with consideration of the reasonable suitability for the
particular use and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land within the community.
Section 5. Savings. This Ordinance shall be cumulative of all other ordinances of the
City 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.
DOC #: 243OW -2-
Section 6. Penal1y. 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 Five Hundred Dollars ($500.00), and a
separate offense shall be deemed committed each day during or on which a violation occurs or
continues.
Section 7. 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 8. Effective date. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the —2 1 s t day of Ma r r h , 1995.
yor, Town of Tr- Club, Texas
ATTEST:
r
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
1111
Tow ttorney,
Town of Trophy Club, Texas
DoC V. 24300 -3-
BEING a tract of land owned by Dennis E. and Gail L Cheevers and being out of the J. HENRY SURVEY,
Abstract No. 528, Denton County, Texas, and being all of Lot 1353, Trophy Club, Sect€c sn 11 according to the
plat recorded in Cabinet B, Slide 246 of the Plat Records of Denton County, Texas and =_ 0.6103 acre portion of
a 294.7047 acre tract of land deeded to Cobblestone Texas, Inc by Special Warranty Dred recorded by Denton
County Clerk No. 93-0087511. Dead Records, Denton County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at an iron pin for the most Southerly comer of Lot 1353, said iron pin also neing the most
Southerly comer of Lot 1313 of Trophy Club, Section 10 according to plat recorded in Cabinet B. Slide 189,
Plat Records, Denton County, Texas:
THENCE South 44 degrees 44 minutes 15 seconds West a distance of 49.20 feel to a 3 4' iron pin set for a
comer,
THENCE North 45 degrees 15 minutes 45 seconds West a distance of 404.34 feet to a 314' iron pin set for a
comer said point being in the Southeast property line of Lot 1354;
THENCE North 60 degrees 51 minutes East a distance of 88.78 feet to an iron pin fount for the Southeast
comer of Loll 354, said point also being in the Southwest property line of Lot 1353;
THENCE North 39 degrees 50 minutes 00 seconds West along the Southwest property iine of Lot 1353 a
distance of 152.94 feet to an iron pin found for a comer of said Lot 1353, said point being in the South R.O.W.
line of Meadowbrook Lane;
THENCE along said R.O.W. and with a curve to the left having a chord bearing of North 52 degrees 43
minutes 57 seconds East, a radius of 540.54 feet, a delta of 02 degrees 10 minutes 19 seconds and a chord
distance of 20.49 feet, an arc distance of 20.49 feet to an iron pin found for a comer,
THENCE South 39 degrees 50 minutes 00 secoroistance of 212.27 feet to an iron min found for a comer;
THENCE North 50 degrees 10 minutes 00 seconds East a distance of 90.o teat to an iron pin found for a comer.
THENCE North 79 degrees 38 minutes 00 seconds East a distance of 113.43 teat to an Iron pin found for a
comer,
THENCE South 20 degrees 23 minutes 00 seconds West a distance of 17.21 feet to an -on pin found for a
corner.
THENCE South 16 degrees 50 minutes o0 seconds East a distance of 109,0 feet to an iron pin found for a
comer;
THENCE South 05 degrees 00 minutes 00 seconds East a distance of 92.0 leet to an ircn pin found for a comer,
THENCE South 12 degrees 02 minutes 57 seconds West a distance of 125.43 feet to the POINT OF
BEGINNING and containing 72,054.20 square feet or 1.6541 acres of land more or less.
KNOW, THEREFORE, ALL MEN BY THESE PRESENTS
That we as the owners of the above mentioned tract do hereby adopt this plat as Lot 1353-8 of Trophy Club,
Section 11 and do hereby dedicate to the public's use forever a streets and easements shown hereon and do
hereby bind ourselves, successors, assigns to warrant and forever defend the title to the land so dedicated.
Dennis E Cheevers