ORD 1987-25TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 87-25
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING ZONING PURSUANT TO
ORDINANCE NO. 87--23 OF THE TOWN, THE TOWN'S
COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN
TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING
APPROXIMATELY 6.9892 ACRES OF LAND SITUATED
IN THE CHARLES MEDLIN SURVEY, ABSTRACT NO.
823, DENTON COUNTY, TEXAS, AS MORE FULLY
DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID
ZONING BEING PD, PLANNED DEVELOPMENT
DISTRICT AS AUTHORIZED BY SECTION 26 OF
ORDINANCE NO. 87-23 OF THE TOWN, FOR SINGLE
FAMILY DETACHED DWELLINGS, ACCESSORY
BUILDINGS AND USES, TEMPORARY REAL ESTATE
SALES OFFICES, TEMPORARY BUILDINGS
INCIDENTAL TO CONSTRUCTION WORK AND UTILITY
DISTRIBUTION LINES AND FACILITIES, IN
ACCORDANCE WITH THE EXHIBITS ATTACHED
HERETO, WITH THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE, AND WITH A
COMPREHENSIVE SITE PLAN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT PD, PLANNED
DEVELOPMENT DISTRICT NO. -'1 FOR THE SUBJECT
PROPERTY; PRESERVING ALL OTHER PARTS OF THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST AND GENERAL WELFARE DEMAND
THE ZONING HEREIN MADE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF 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;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council and Planning and Zoning
Commission of the Town of Trophy Club, Texas (the "Town"),
having given public notice and held a public hearing in
accordance with State law and all other legal requirements,
conditions and prerequisites having been complied with, adopted
the text of the Comprehensive Zoning Ordinance of the Town,
being Town Ordinance No. 87-23; and
WHEREAS, notice of the date, time and place to conduct a
public hearing on the proposed Zoning Map of the Town was given
personally to each owner of real property within. the Town by
mailing such information, along with a copy of the proposed
Zoning Map, to the address of each such property owner as shown
on the most recent approved ad valorem tax roll of the Town,
said personal notice being provided in accordance with State
1 aw ; and
WHEREAS, notice of the date, time and place of the public
hearing on the Zoning Map was also published in the official
Town newspaper in accordance with State law; and
WHEREAS, the said notices provided that a public hearing
to consider zoning of all real property within the Town,
exclusive of an area submitted for planned development zoning
owned by Independent American Development (Phase II)
Corporation and containing approximately 991 acres of land (the
"Independent American Planned Development"), was to be held on
Monday, September 21, 1987, beginning at 7:00 o'clock p.m. at
the Municipal Utility District Building, 100 Municipal Drive,
Trophy Club, Texas, and that the said public hearing would be
continued to October 5, 1987, beginning at 7:00 o'clock p.m.,
at the said Municipal Utility District Building to consider the
proposed Independent American Planned Development; and
WHEREAS, on September 21, 1987 and at the time and place
stated in the personal and published notices, the Town Council
and Planning and Zoning Commission opened the public hearing to
consider the Zoning Map and the zoning of all real property
within the Town, exclusive of the Independent American Planned
Development, and continued the said public hearing until
October 12, 1987 at 7:00 o'clock p.m. at the said Municipal
Utility District Building; and
WHEREAS, the said personal and published notices state in
part that, "in reviewing the zoning on each tract of land
within the Town, the Planning and Zoning Commission may
recommend and the Town Council shall have the discretion to
consider zoning any tract of land within the Town according to
any Zoning District outlined in the proposed Comprehensive
Zoning Ordinance"; and
WHEREAS, the Comprehensive Zoning Ordinance text, adopted
on September 21, 1987, provides in Section if thereof for PD,
Planned Development District Zoning; and
WHEREAS, application was made to adopt zoning regulations
for the hereinafter described property located in the Town of
Trophy Club, Texas, by making application for the same with the
Planning and Zoning Commission of the Town of Trophy Club,
Texas, as required by State statutes and the ordinances of the
Town, and all the legal requirements, conditions and
prerequisites having been complied with, the case having come
before the Town Council of the Town of Trophy Club, after all
legal notices requirements, conditions and prerequisites having
been complied with; and
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WHEREAS, the Town Council of the Town of Trophy Club,
Texas, at a public hearing called by the Town Council did
consider the following factors in making a determination as to
whether the requested zoning should be granted or denied;
safety of the motoring public and pedestrians; safety from fire
hazards and measures for fire control; protection of property
from flood or water damage; noise producing elements and glare
of the vehicular and stationary lights and effect of such
lights on the character of the Town of Trophy Club; location,
lighting and types of signs and relation of signs to traffic
control and property; street size and adequacy of parking
facilities; location of ingress and egress points for parking
and off-street locating spaces, and protection of public health
by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on
light and air; the effect on the overcrowding of the land; the
effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other
facilities; and
WHEREAS, the Town Council further considered among other
things the character of the zoning and its peculiar suitability
for particular uses, with a view to conserve the value of
buildings and encourage the most appropriate use of land
throughout the Town; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that there is a public necessity for the
zoning, that the public demands it, and that the public
interest clearly requires the zoning; and,
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that the zoning lessens the congestion in the
streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides
adequate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That the allowed use of a tract of land
containing approximately 6.9892 acres and located in the
Charles Medlin Survey, Abstract 823, Denton County, Texas, and
more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes, shall be in accordance
and conformity with and be zoned PD, Planned Development
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District for detached single family residential dwellings
according to the standards and requirements set forth in
Exhibits "B" and "C" attached hereto and incorporated herein
for all purposes, and with the specific requirements contained
in this Ordinance, and with the comprehensive site plan and
plat of the development.
Section 3. That a general land use map, a copy of
which is attached hereto as page C-1 of Exhibit "C and all
other parts of Exhibit "C", including: (a) fencing, land-
scaping and lighting plan (page C-2); (b) drainage and grading
plan (page C--3); (c) paving and drainage profile (page C-4);
(d) water and sanitary sewer plan (page C-5); (e) sanitary
sewer profile (page C-6); and (f) standard details (pages C-7
through C-12), were submitted by the Owner and Developer and
reviewed and approved by the Town Council upon the
recommendation of the Planning and Zoning Commission for
approval as a general development plan.
Section 4. That a comprehensive site plan which shall
be in substantial conformity with the documents attached hereto
as Exhibit "C" shall be submitted by the Owner and Developer as
required by the Comprehensive Zoning Ordinance, Ordinance No.
87-23, and shall be approved by the Planning and Zoning
Commission and the Town Council and filed as part of this
Ordinance prior to the issuance of any Building Permit in this
Planned Development District.
Section 5. That in connection with the development of
the subject property, the Developer and Owner have voluntarily
agreed to deed restrict the same through written and recorded
deed restrictions in a form approved by the Town, to which the
Town is made a party,
Section 6. That the Developer and Owner of the subject
property has voluntarily submitted Articles of Incorporation of
the Country Club Place Homeowner's Association and a Voluntary
Declaration of Covenants, Conditions and Restrictions for the
subject property, copies of which are attached hereto as
Exhibits "D" and "E", respectively, and incorporated herein for
all purposes. The said documents are acceptable to the Town,
and the Town Secretary is directed to file the Voluntary
Declaration of Covenants, Conditions and Restrictions for
record in Denton County, Texas.
Section 7. That the development of the herein
described property shall be developed in accordance with all
PD, Planned Development District regulations as provided by the
Comprehensive Zoning Ordinance, Ordinance No. 87-23, except as
otherwise provided by this Ordinance.
Section 8. That in carrying out the development of the
PD, Planned Development District, the development conditions
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shall be conditions precedent to the granting of any
Certificate of Occupancy as required in the Comprehensive
Zoning Ordinance, Ordinance No. 87--23.
Section 9. The Town Secretary is hereby directed to
mark and indicate on the official Zoning District Map of the
Town of Trophy Club, Texas, to reflect the zoning made herein.
Section 10. That in all other respects the use of the
property hereinabove described shall be subject to all the
applicable regulations contained in the Comprehensive Zoning
Ordinance and all other applicable and pertinent ordinances of
the Town of Trophy Club, Texas.
Section 11. That the zoning regulations and districts
as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health,
safety, morals and the general welfare of the community. They
have been designed, with respect to both present conditions and
the conditions reasonably anticipated to exist in the
foreseeable future, to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to facilitate
the adequate provisions of transportation, water, sewerage,
drainage and surface water, parks and other commercial needs
and development of the community. They have been made with
consideration of the reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 12. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas affecting
zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance.
Section 13. That the term 'and provisions of this
Ordinance shall be deemed to be severable and that if the
validity of the zoning affecting any portion of the tract of
land described herein shall be declared to be invalid, the same
shall not affect the validity of the zoning of the balance of
the tract of land described herein.
Section 14. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
Two Thousand Dollars {$2,000.00} and a separate offense shall
be deemed committed upon each day during or on which a
violation occurs or continues.
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Section 15. That this Ordinance shall take effect from
and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town. Council of the Town of
Trophy Club, Texas this the 26 day of October , 1987.
r, Town of Trop$iy Club, Texas
ATT
Town 8-ee etary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney, Town of Trophy Club, Texas
0103
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r-Anr46PA+ �+
EXHIBIT FOR ZONING CHANGE APPLICATION
COUNTRY CLUB PLACE ADDITION
LEGAL DESCRIPTION
6.9892 ACRES
BEING a 6.9892 acre tract of land situated in the Charles Medlin Survey,
Abstract. No. 823, Denton County, Texas, and being parr, of a 165.641 acre
tract as described in a deed to Henry Seeligson filed in Volume 650, Page
103, Denton County Deed Records, and being more particularly described as
follows:
COMMENCING at an iron rod found, said paint being the most westerly corner
of Tract E of Lake Forest Village described in Cabinet -B", Page 211 of the
D.R,D.C.T., and also being in the east BO foot right-of-way line of Indian
Creek Drive; THENCE North 31 deg 05 min 00 sec West., a distance of 214.36
feet to an iron rod found for corner and the PLACE OF BEGINNING of this
6.9892 acre tract, said point being the same POINT OF BEGINNING as used in
the June 30, 1983 Deed Description but, which was incorrectly referenced as
'the most westerly corner of Tract E of the Lake Forest Village", said
BEGINNING POINT is in the east right-of-way line of Indian Creek Drive and
is the southeast corner of this 6.9892 acre tract with the boundary calls
following the June 30, 1983 Deed Description to wit; said point, also being
2231.96 feet south and 4816.12 feet east of the northwest corner of said
Charles Medlin Survey, Abstract No. 823;
THENCE North 31 deg 05 min 00 sec Wert, with the said east right-of-way
line of Indian Creek Drive, 370.95 feet to an iron rod found for corner,
said point also being in the southeasterly right-of-way line of Trophy Club
Drive;
THENCE along the southeasterly right-of-way line of Trophy Club Drive as
follows:
North 58 deg 55 min 00 sec East, leaving said right-of-way line of
Indian Creek Drive, 78.48 feet to an iron rod found for corner;
Northeasterly along a curve to the left, said curve having a central
angle of 66 deg 01 min 00 sec, a radius of 471.02 feet and an arc
length of 542.71 feet (chord bears North 25 deg 54 min 30 sec East,
513.19 feet) to an iron rod found for corner;
North 07 deg 06 min 00 sec West, 166.25 feet to an iron rod found for
corner;
THENCE North 81 deg 21 min 30 sec East., leaving the easterly right -of. -way
line of Trophy Club Drive, a distance of 273.88 feet to an iron rod found
for corner;
THENCE South 01 deg 36 min 00 sec West, a distance of 46.73 feet to an iron
rod found for corner;
THENCE South 89 deg 56 min 00 sec East, a distance of 29.80 feet to an iron
rod found for corner;
THENCE South 03 deg 21 min 00 sec East, a distance of 459.86 feet to an
iron rod set for corner;
THENCE South 24 deg 11 min 00 sec East, a distance of 149.98 feet to an
iron rod set for corner;
THENCE South 66 deg 01 min 00 sec East, a distance of 66.14 feet to an iron
rod set for corner;
THENCE South 69 deg 17 min 01 sec West, a distance of 23.77 feet to an iron
rod set for corner;
THENCE North 73 deg 28 min 16 sec West, a distance of 112.25 feet to an
iron rod set for corner;
THENCE South 70 deg 26 min 00 sec West, a distance of 78.50 feet to an iron
rod set, for corner;
THENCE South 59 deg 27 min 00 sec West, a distance of 75.30 feet to an iron
rod set, for corner;
THENCE South 62 deg 38 min 00 sec West., a distance of 92.50 feet to an iron
rod set for corner;
THENCE South 42 deg 05 min 00 sec West, a distance of 45.70 feet to an iron
rod set for corner;
THENCE south 31 deg 25 min 00 sec West, 280.00 feet to the POINT OF
BEGINNING and containing 6.9892 acres of land, more or less.
CERTIFIED CORRECT THIS DAY OF , 1987•
B. L. NELSON, Regisrereo Pu is Surveyor 2175
5999 5um*ierside Drive, Suite 202
Tn%.- 75?57 (214) 380-2605
EXHIBIT „B"
DEVELOPMENT STANDARDS
The development on the property described in Exhibit "A",
consisting of approximately 6.9892 acres of land, shall be in
accordance with the Site Plan of the development as required by
the Comprehensive Zoning Ordinance, Ordinance No. 87-23, and
shall be subject to the following Development Standards,
conditions and requirements:
A. PURPOSE: The development is created to allow for
the development of single family detached dwellings on lots of
not less than five thousand one hundred (5,100) square feet,
with a maximum density of 5.15 dwelling units per gross acre,
as the term "gross acre" is defined in the Comprehensive Zoning
Ordinance, Ordinance No. 87-23, on 6.9892 acres located at the
northeast corner of Indian Creek Drive and Trophy Club Drive in
the Town of Trophy Club together with allowed incidental and
accessory uses. A property owner's association shall be
established by restrictive covenants applicable to the property
at the time of final platting of the development and shall be
required to maintain the landscaping, green areas, private
streets, common brick perimeter wall and perform other
functions as specified in the restrictive covenants. A copy of
the proposed Articles of Incorporation of the Country Club
Place Homeowner's Association and the Declaration of Covenants,
Conditions and Restrictions for the property is attached hereto
as Exhibits "D" and "E", respectively.
B. USE REGULATIONS: In the development of the
property described in Exhibit "A", no land shall be used and no
building shall be installed, erected for or converted to any
use other than as hereinafter provided:
1. Permitted Uses: The following uses shall be
permitted:
a. Single family dwellings.
b. The following uses shall be permitted as accessory
uses to a single-family detached dwelling provided
that none shall be a source of income to the owner
or user of the principal single-family dwelling,
except for customary home occupation:
i. Off-street parking and private garage in
connection with any use permitted in this
district, provided that no such garage shall
face any golf course.
ii. Cabana, pavilion or roofed area.
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iii. Private swimming pool.
iv. Signs subject to the provisions of the Town
Sign Ordinance.
V. Customary home occupation.
C. Real estate sales offices during the development
of residential subdivisions, but not to exceed
three (3) years, which three (3) year period shall
begin at the time the public improvements in the
subdivision are accepted by the Town and/or other
relevant governmental authority.
d. Temporary buildings for uses incidental to
construction work on the premises, which buildings
shall be removed no later than seven (7) days
after the completion or abandonment of
construction work.
e. Utility distribution lines and facilities. All
utility distribution lines and facilities,
including cable television lines and facilities,
shall be placed underground.
2. Prohibited Uses: Any use not expressly permitted
herein is expressly prohibited in this district.
C. HEIGHT REGULATIONS: No building shall exceed
thirty (30) feet or two (2) stories in height, as the term
"height" is defined in the Comprehensive Zoning Ordinance.
D. AREA REGULATIONS: The following minimum standards
shall be required measured from the property lines:
1. Minimum Yard Setbacks:
a. Front Yard- There shall be a front yard having
a depth of not less than twenty-five (25) feet
facing public streets and twenty (20) feet
facing private streets, as shown on the
attached documents.
b. Side Yard- A five (5) foot side yard is
required on each side of the lot. A minimum
separation of ten (10) feet is required
between structures. A side yard adjacent to a
street shall be a minimum of fifteen (15) feet.
c. Rear Yard- There shall be a rear yard having a
depth of not less than ten (10) feet. All
rear yard areas adjacent to the existing
right-of-way for Trophy Club Drive and Indian
Im
Creek Drive shall be a minimum of twenty-five
(25) feet. No rear yard shall face Indian
Creek Drive or face Trophy Club Drive,
2. Size of Lot:
a. Lot Area- No building shall be constructed on
any lot of less than five thousand, one
hundred (5,100) square feet.
b. Lot Width- The width of a lot shall not be
less than forty-five (45) feet, measured at
the building line.
c. Lot Depth- The depth of a lot shall not be
less than one hundred (100) feet measured at
the midpoint of the frontage. A corner of
cul-de-sac lot may have a depth of ninety (90)
feet measured at the midpoint of the frontage.
3. Minimum Dwelling Size- The minimum floor area of
any dwelling shall be two thousand, five hundred (2,500) square
feet, exclusive of garages, breezeways and porches. The
minimum first floor area of a dwelling which has more than one
(1) story shall be 1,800 square feet.
4. Maximum Building __C_overage- The combined area of
all main and accessory buildings and structures shall not
exceed sixty percent (boa) of the total lot area. Swimming
pools and spas shall not be included in determining maximum
building coverage.
5. Maximum Density- The maximum, allowable density
shall be five and fifteen hundredths (5.15) dwelling units per
gross acre a total of 35 dwelling units.
E. BUILDING AND PARKING REGULATIONS:
1. Type of Materials- All main and accessory
buildings and structures shall be of exterior fire resistant
construction having at least eighty percent (80%) of the total
exterior walls, excluding doors, windows and porches,
constructed of brick, stone or other masonry or material of
equal characteristics in accordance with the Town's Building
Code and Fire Code. Provided, however, that no aluminum siding
shall be used on any building or structure.
2. Parking Requirements- Each dwelling unit shall
contain at least two (2) parking spaces located in an enclosed
garage on the same lot as the principal use, with a minimum of
two (2) exterior parking spaces per dwelling unit. Garages
shall be a minimum of 21 by 22 feet.
3. Fence- Fences are permitted in the required side
and rear yard if the Town Council, through the site plan review
process, determines that the fences will have no adverse effect
on neighboring properties. The location, height and
construction materials of the fence shall be determined
duringthe site plan review process; provided, however, that no
fence shall be constructed on any property which is of a height
greater than the fencing constructed around the perimeter of
the development. All such fences, except the said perimeter
fence as shown on the documents attached to and made a part of
this ordinance, shall be constructed of a wrought iron or
aluminum material, black in color, and shall be no more than
four (4) feet in height except as limited by the preceding
sentence; provided, however, that decorative stone or brick
columns interspersed within the wrought iron or aluminum fence
shall be permitted.
F. DEVELOPMENT SCHEDULE
The development of the property described in the attached
Exhibit "A shall begin within three (3) years after the
approval and filing of the final plat. Completion of the
development shall occur within twelve (12) months from the
beginning of development. This development schedule is not
intended to include total building construction on individual
lots.
G. FIRE LANES- Fire lanes providing for the free
passage of emergency vehicles shall be provided as shown on the
documents attached to this Ordinance.
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