ORD 1989-06TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 89~-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 87-23 OF THE
TOWN, THE TOWN COMPREHENSIVE ZONING
ORDINANCE, BY GRANTING A CHANGE IN ZONING ON
A CERTAIN TRACT OF LAND IN TROPHY CLUB,
TEXAS, BEING APPROXIMATELY 7.8181 ACRES OF
LAND SITUATED IN THE W.H. PEA SURVEY,
ABSTRACT NO. 1.045, DENTON COUNTY, TEXAS, AS
MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT
"A", SAID CHANGE IN ZONING BEING FROM R--7.5
SINGLE FAMILY RESIDENTIAL DISTRICT TO PD,
PLANNED DEVELOPMENT DISTRICT AS AUTHORIZED
BY SECTION 16 OF ORDINANCE NO. 87-23 OF THE
TOWN, FOR GARDEN APARTMENTS AND
CONDOMINIUMS, 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. 7 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) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, application was made to amend the official
Zoning District Map of the Town of Trophy Club, Texas (the
"Town"), by making application for same with the Planning and
Zoning Commission of the Town, as required by state statutes
and the Zoning Ordinance of the Town, and all the legal
requirements, conditions and pre -requisites having been
compiled with, the case having come before the Town Council of
the Town of Trophy Club, Texas, after all legal notices,
requirements, conditions and pre -requisites having been
compiled with; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, at a public hearing called by the Town Council, did
congider the following factors in making a determination as to
whether these requested changes should be granted or denied;
safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites;
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safety from fire hazards and measures for fire control,
protection of adjacent property from flood or water damages,
noise producing elements and glare of the vehicular and
stationary lights and effect of such lights on established
character of the neighborhood, location, lighting and types of
signs and relation of signs to traffic control and adjacent
property, street size and adequacy of width for traffic
reasonable expected to be generated by the proposed use around
the site and in the immediate neighborhood, adequacy of parking
as determined by requirements of this ordinance for off-street
parking facilities, location of ingress and egress points for
parking and off --street loading 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 over crowding of the
land, the effect on the concentration of population, the effect
on the transportation, water, sewerage, schools, parks and
other public facilities; and
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 changes should be granted or denied;
effect on the congestion of the streets, the fire hazards,
panics and other dangers possibly present in 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 over crowding of the land, the effect on the
concentration on population, the effect on the transportation;
water, sewerage, schools, parks and other public facilities; and
WHEREAS, the Town Council has established conditions of
and development standards for the operation, location,
arrangement and construction of the use granted by this
Ordinance, and which such conditions and development standards
impose sufficient safeguards important to the welfare and
protection of adjacent property from noise, vibration, dust,
dirt, smoke, fumes, gas, odor, explosion, glare, offensive view
and other undesireable or hazardous conditions; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, further considered among other things the character of
the districts and their peculiar suitability for particular
uses and with the view to conserve the value of buildings,
encourage the most appropriate use of land throughout this
Town; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that there is a public necessity for the
zoning changes, that the public demands them, that the public
interest clearly requires the amendments, that the zoning
changes do not unreasonably invade the rights of those who
bought or improved property with reference to the
classification which existed at the time their original
investment was made; and
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WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that the changes in zoning lessen the
congestion in the streets, helps secure safety from fire, panic
and other dangers; promotes the health and the general welfare;
provides adequate light and air; prevents the over -crowding of
land; avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, has determined that there is a necessity and need for
the changes in zoning and has also found and determined that
there has been a change in the conditions of the property
surrounding and in close proximite to the tract of land
requested for a change since the tract of land was originally
classified and desires to make the use of the property
conforming and not non -conforming and therefore feels that the
respective changes in zoning classification for the tract of
land are needed, are called for, and are in the best interest
of the public at large, the citizens of the Town of Trophy
Club, Texas, and helps promote the general health, safety and
welfare of this community.
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 Ordinance No. 87-23 the Zoning Ordinance
of the Town of Trophy Club, Texas, is hereby amended and
changed in the following particulars, and all other existing
sections, subsections, paragraphs, sentences, definitions,
phrases and words of said Zoning Ordinance are not amended, but
remain intact and are hereby ratified, verified and affirmed:
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A. That the allowed use of a tract of land containing
approximately 7.8181 acres and located in the W.H.
Pea Survey, Abstract 1045, Denton County, Texas, and
more particularly described in Exhibit "A" attached
hereto and incorporated herein for all purposes,
which, in accordance with the Zoning Ordinance is
presently zoned R-7.5 Single Family Residential
District, is hereby changed to and shall be in
accordance and conformity with and be zoned PD,
Planned Development District for garden apartments
and condominiums according to the standards and
requirements set forth in Exhibits "B" 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.
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Section 3. That a comprehensive Site Plan, a true and
correct copy of which is attached hereto as a part of Exhibit
"B" and is incorporated herein, was submitted by the Owner and
reviewed and approved by the Town Council upon the
recommendation of the Planning and Zoning Commission.
Section 4. That the Developer and Owner has
voluntarily agreed to submit, if and when the Property which is
the subject of this ordinance is developed as condominiums,
covenants and deed restrictions covering all of the said
Property for review by and approval of the Planning and Zoning
Commission and Town Council. In the event such deed covenants
and restrictions are approved by the Town Council, they shall
be attached to and become a part of this ordinance and filed of
record in Denton County, Texas; provided, however, that such
approval shall not constitute an amendment of this ordinance.
Section 5. 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 G. That in carrying out the development of the
PD, Planned Development District, the development standards and
conditions as set forth in Exhibit "B" shall be conditions
precedent to the granting of any Certificate of Occupancy as
required in the Comprehensive Zoning Ordinance, Ordinance No.
87-23.
Section 7. 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 S. 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, and with the site plan attached
hereto as a part of Exhibit "B".
Section 9. 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,
drainage9e and surface water, parks and other commercial needs
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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 10. 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 11. 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 12. 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.
'-Section 13. 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 2ntb day of April , 1989.
Mayor,
Town f Trophy C1 Texas
ATTES�:
° Towne secretary T—
Town of Trophy Club, Texas
[SEAL]
A A
kv-7 L -y -r- -
Town At orney
TOwn of Trophy Club, Texas
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DON A TIPTON, INC.
CONSULTING ENGINEERS
6334 Beit Line Road Suite C Garland, Texas 75043 (214) 226-2967
THE PLANTATIONS AT TROPHY CLUB
FIELD NOTES
EXHIBIT 'A'
BEING a tract of land located in the W. E. Pea Survey - Abstract No.
1045, of Denton County, Texas, said tract being a part of Trophy Club
Plantation as platted, an addition to Denton County as recorded in
Cabinet C, Page 393, of the Plat Records of Denton County Texas, and
being more particularly described as follows;
BEGINNING at a point on the Northerly right-of-way line of State
Highway 114 (a 100' R.O.W.) and the Southwest corner of said Trophy
Club Plantation, a 1/2" iron pin found a corner, from which a Highway
right-of-way marker bears S 480 28' 00" E, a distance of 260.06 feet;
THMXE, N 130 30' 06' E, a distance of 283.63 feet along the Westerly
line of said Trophy Club Plantation addition, to the Southwest corner
of Indian Creek Townhomes, an addition to Denton County Texas as filed
in "Cabinet C, Page 357, of the Plat Records of Denton County, Texas, a
1/2 iron pin set at corner;
THENCE, S 710 13' 24" E. a distance of 670.86 feet along the Southerly
line of said Indian Creek Townhomes, to the beginning of a tangent
curve to the Left having a central angle of 130 15' 58", a radius of
2205.26 feet and a chord bearing of S 770 51' 23' E, a 1/2' iron pin
set at corner;
THENCE, Continuing along the said Indian Creek Townhomes Southerly
line and around the previously mentioned curve to the Left, a distance
Of 510.60 feet -to the end of said curve and to a 1/2" iron pin set at
the edge of the concrete alley pavement;
THENCE, S 180 45' 00' W, along the Easterly line of said Trophy Club
Plantation addition, and the Westerly line of The Greens of Trophy
Club, an addition to Denton County, Texas, as recorded in Cabinet D,
Page 4, of the Plat Records of Denton County, Texas, a distance of
344.65 feet to a point on the said State Highway No. 114 Northerly
line, a 1/2' iron pin found at corner from which the corner of a
building blear's N 000 10' 10" E, a distance of 63.99 feet;
THENCE, N 710 03' 20" W, a distance of 1151.00 feet along the said
State Highway No. 114 Northerly line to the PLACE OF BEGINNING and
containing 340,556 square feet or 7.8181 acres of land.
EXHIBIT "B"
DEVELOPMENT STANDARDS
The development on the property described in Exhibit "A",
consisting of approximately 7.8181 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:
PURPOSE
The development is created to allow for Garden Apartment/
Condominiums on 7.8181 acres located east of Trophy Club Drive,
North of Highway 114, and South of the housing development
known as Indian Creek Townhomes, in the Town of Trophy Club
together with allowed incidental and accessory uses.
In the development of the property described in Exhibit
no land shall be used and no building shall be installed,
erected for or other than as hereinafter provided:
A. Permitted Uses:
The following uses shall be permitted as principal uses:
1. Garden Apartments.
2. Condominiums, when utilized, will be allowed
with submittal of deed restrictions for review
by the Planning and Zoning Commission and Town
Council. When approved, the deed restrictions
shall be filed as and become a part of this
ordinance.
B. Accessory....Uses; The following uses shall be
permitted as accessory uses to Garden Apartment/Condominium
Dwelling Units:
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1. Parking of automobiles in connection with the
Garden Apartment/Condominium uses permitted in
this district.
2. Cabana, pavilion or roofed area.
3. Swimming pool.
4. Signs subject to the provisions of the Town
Sign Ordinance.
5. Screened garbage storage, as indicated on the
approved Site Plan attached hereto.
IM
6. 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.
7. Utility distribution lines and facilities.
HEIGHT REGULATIONS
Building heights shall be restricted as follows and as the term
"height" is defined in the Comprehensive Zoning Ordinance.
A. Apartment/Condominiums: No building shall exceed
thirty (30) feet or two (2) stories in height.
AREA REGULATIONS:
A. Minimum Setbacks:
1. Front Yard- As identified by Exhibit "B", and
based on existing conditions of the Plantation
Garden Apartments/Condominiums.
2. Side Yard- As identified by Exhibit "B", and
w based on existing conditions of the Plantation
Garden Apartments/Condominiums.
3. Rear Yard- As identified by Exhibit "B", and
based on existing conditions of the Plantation
Garden Apartments/Condominiums.
4. Buffered Area Regulations: As identified by
Exhibit "B", and based on existing conditions
of the Plantation Garden Apartments/
Condominiums.
B. Size of Lot:
1. Lot area - As identified by Exhibit "B", and
based on existing conditions of the Plantation
Garden Apartments/Condominiums.
2. Lot Width- As identified by Exhibit "B", and
based on existing conditions of the Plantation
Garden Apartments/Condominiums.
' 3. Lot Depth- As identified by Exhibit "B", and
based on existing conditions of the Plantation
Garden Apartments/Condominiums.
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C. Minimum Dwelling Size-,
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/
Condominiums.
D. Maximum Building Coverage:
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/
Condominiums.
E. Minimum Open SR -ace:
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/
Condominiums.
F. Maximum Residential Density:
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/
Condominiums.
BUILDING AND PARKING REGULATIONS:
As identified by Exhibit "B, and based on existing
conditions of the Plantation Garden Apartments/Condominiums,
FENCES
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/Condominiums.
LANDSCAPING LIGHTING, AND ,.,SIGNAGE
As identified by Exhibit "B", and based on existing
conditions of the Plantation Garden Apartments/Condominiums.
DEVELOPMENT SCHEDULE:
Not applicable (Existing Conditions).
PLATTING REQUIREMENT:
Not applicable (Existing Conditions).
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