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ORD 1985-29ORDINANCE NO. 85-29 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 85--29 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT ZONING REGULATIONS TO CERTAIN TRACTS IN THE TOWN OF TROPHY CLUB, TEXAS, BEING SECTION 13 OF TROPHY CLUB LOCATED WEST OF T. J. KING ROAD AND IN THE M. MEDLIN SURVEY, ABSTRACT NUMBER 832 AND BEING APPROXIMATELY 26.143 ACRES, AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, applications were made to adopt zoning regulations for the hereinafter described property located in the Town of Trophy Club, Texas, by making applications for same with the Planning & Zoning Commission of the Town of Trophy Club, Texas, as required by State statutes and the ordinances of the Town of Trophy Club, Texas, 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, 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 malting 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 damages, 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 width for traffic reasonably expected to be generated by the zoning; 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 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 and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this Town; and 0010] WHEREAS, the Town Council of the Town of Trophy Club, Texas, at a public hearing called by the Town Council of the City of Trophy Club, Texas, did consider the following factors in malting a determination as to whether this requested zoning 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 overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, pants and other public facilities; 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, 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 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club hereby establishes and provides that the use of those tracts of land described in Exhibit "A," which Exhibit is attached hereto and incorporated herein for all purposes, shall be in conformity with the Residential -10,000 Square Feet Planned Development District Regulations. Section ?. That in all other respects the use of the tract or tracts of land hereinabove described shall be subject to all the applicable ordinances of the Town of Trophy Club, Texas. Section 3. That the zoning regpihat ions and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting 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 laird, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the property, and its peculiar 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 4. This ordinanee shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict. with the provisions of this ordinwic.e. oaioy —2— Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 7. The fact that the present zoning ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 3 day of December , 1985. APPROVED Towii of Trgphy Club, Texas 1 exas APPROVED AS TO FORM AND LEGALITY 9Town Attorney, Town of �Tropt�,.VC]u�l), Te. as 4 TOWN OF TROPHY CLUB RESIDENTIAL -TEN THOUSAND SQUARE FEET PLANNED DEVELOPMENT ZONING ORDINANCE 1.1 PURPOSE - The purpose of the Residential -10,000 square feet Planned Development District ("R-10PD") is to allow single family, detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses. 1.2 USE REGULATIONS a. Permitted Uses - A building or premise shall be used only for the following purposes: 1. Single family detached dwellings; 2. Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith. "Accessory buildings and uses" shall mean a use or building subordinate to and incidental to the primary use of the premises. Accessory buildings must be properly designed, constructed, and securely anchored. No temporary buildings, mobile homes, travel trailers or motor homes may be used for dwelling or sleeping purposes in this district; 3. Real estate sales offices during the development of residential subdivisions, but not to exceed three (3) years; 4. 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. b. Specific Use Permits ("SUP") - SUP is a change in zoning classification. The following uses may be permitted as SUP's and are regulated by the requirements contained in the SUP ordinance 1. Public or state accredited schools 2. Churches 3. Playgrounds and Community Parks 4. Golf Course (not including miniature or par thru commercial course) C. Prohibited Uses - Any use not expressly permitted herein is expressly prohibited in this district. EXHIBIT "A" 0010) 1.3 HEIGHT REGULATIONS - No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. The height shall be measured from a position that represents an average ground elevation at the base of the structure. 1.4 AREA REGULATIONS a. Minimum Yard Setbacks: 1. Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. 2. Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten percent (10%) of the average lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. 3. Rear Yard - There shall be a rear yard having a depth of not less than twenty-five(25) feet. b. Size of Lot: Lot Area - No building shall be constructed on any lot of less than ten thousand (10,000) square feet. Such lot shall have a minimum buildable area of four thousand six hundred (4,600) square feet. 2. Lot Width - The average width of the lot shall not be less than eighty (80) feet measured at the front yard building line. 3. Lot Depth - The depth of the lot shall not be less than one hundred ten (110) feet measured at the midpoint of the frontage. A corner or cul-de-sac lot may have a depth of less than one hundred ten (110) feet provided that the minimum depth is not less than one hundred (100) feet. C. Minimum Dwelling Size - No residential structure with a floor area of less than the applicable minimum number of square feet set forth below, exclusive of garages, breezeways and porches, shall be erected on any lot: Type of Structure One story residence One and one-half story, two story, and two and one-half story residences aaiaj -2- Minimim Floor Area (in square feet) Golf Course Lots All Other Lots 2,000 2,000 2,500* 2,000* Residences situated on corner Lots (without regard to nuunber of stories) 2,500* 2,000* * All residences with more than one (1) story shall have a minimum first floor area of twelve hundred (1,200) square feet. d. Lot Coverage - In no case shall more than thirty-five percent (35%) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 1.5 BUILDING AND PARKING REGULATIONS a. Type of Materials - All main buildings and accessory buildings shall have exterior construction of a minimum of 75% brick, tiles, stucco, cement, concrete, stone or similar materials. b. Parking Requirements - Each dwelling unit shall contain at least two (2) parking spaces in an enclosed parking garage. 1.6 PLATTING a. Procedure - Before the owner may obtain a building permit in an R-1OPD District, the owner must have a plat approved by the Planning and Zoning Commission and Town Council in accordance with the R-10PD Regulations. b. Fees - A preliminary and final plat review fee shall be paid the town upon submission of preliminary and final plat in accordance with the following schedule: 1. Plats that are platted with lots: a. 5150.00 per plat plus $2.00 per lot when there are 20 lots or less; or b. $200.00 per plat plus $2.00 per lot when there are 21 lots or more. 2. Plats that are platted by acres: a. $150.00 per plat plus $10.00 per acre when there are less than 3 acres; or b. $200.00 per plat plus $20.00 per acre when there are three acres or more. 3. For purposes of this section, the term "lot" shall mean any tract of land which is less than one (1) acre. c. Plat Requirements - The plat may be on a single drawing and must clearly indicate M ooiaj -3- 1. Any proposed public or private streets 2. Lots 3. Areas proposed for dedication or reserved as parks, open space, parkways, playgrounds, utility and garbage easements, school sites, street widenings, or street changes. 4. An accurate survey of the boundaries of the site. 5. Topography of the site with contour intervals of not less than five feet, or spot grades where relief is limited. 6. Indication of each phase of development if separate phases are proposed. 7. All requirements contained in Article 974x, Vernon's Texas Annotated Statutes. d. Street Design - All public streets shall be arranged in accordance with good planning criteria in order to provide safe and reasonable traffic circulation in the subdivision and access to abutting properties. e. Street Construction and Maintenance - All streets must be constructed and maintained in accordance with city approved street construction and maintenance ordinances. f. Street Names - Streets shall be named continuously through the project, with continuity from section to section. g. Block Length - Block is the distance measured along back lot lines between streets and is measured generally in a north -south or east -west relationship. 1. The maximum block length along creeks, drainage ways, major thoroughfares, pipeline easements, and other major physical barriers shall be 2,400 feet. 2. The maximum block length for a residential subdivision shall be 1,600 feet. h. Public Easements - All multi -use public utility and drainage easements shall have a minimum width of 10 feet. The size and location of drainage easements shall be in accordance with the design of a registered professional engineer. i. Engineering Plans - All engineering plans must be approved by the Town prior to approval of the final plat. Said plans must be certified by a registered professional engineer. OOIOJ -4- j. Deed Restrictions and Covenants - All deed restrictions and covenants pertaining to all lots within the subdivision shall be submitted to the Town prior to approval of the final plat. ooraj —5— EXHIBIT "A" SECTION 1.3 PRDFER 7 Y D- I Pi I RTd BEING ■ TRACT or LAND S1Tu&-EG 1N THE Mt. MEDLIN SURVEY. ABSTRACT NO. 532. DEUTON CCiUN7r TEXAS AND BEING A PORTION OF THAT CERTAIN 1462.69 ACRE TRACT OF LAND AS DESCRIBED IN DECO TO INDEPENDANI AMERICAN DEVELOPMENT [PHASE III CDRPORATION AND RECORDED IN VOL WE 127. F'A-£ 670• DENION COUNTY DEED RECORDS AND BEING MORE PARTICULARL• DESCRIBED Br METES AND BOUNDS AS FOLLDW51 BEGINNING AT A P. K. NAIL FOUND, THE NORTHEAST CORNER OF TROPHY CLUB, SECT IDN --i II AN ADD.110% 10 THE CITY Of wESTLA►.E,SDENTOONNCOUNly TEXAS AS RECORDETHE DEININ CA INET E. PAGE '39. SAID DEED RECORDS,ID POINT BING OF 1. J. ICING COUNTY ROAD ( A PUBLIC R13HT OF WAY OF VARIABLE WIDTH) AND IN TH COWAON SURVEY LINE OF SAID MA. MEDLIN SURVEY AND THE A. ROBINSON SURVEY, ASST- RAC1 NO. 1131, DENTON COUNTY. TEXAS. THEN.[ ALONG THE NORTHERLY LINE OF SAID TROPHY CLUB. SECTION 11, THE FDLLOWI COURSES AND DISTANCES) _ N74'30'56'M. AT 31.IS FEET PASS THE NORTHEAST CORNER OF LOT 1445 OF SAID TROPHY CLUB SECTION II A CONTINUING ON WITH SAME BEARING A 707AL DISTANCE OF 207.70 FEET TO A INCH IRON PIN WITH CAP STAMPED 4CARSOHFAND OOT tiIDEEPUBLICTRIGHT OF WAY! ANDRIIIETBEG14NING1OF AF SKYLINE NON-IANGENTIVE CURVE TO THE RIGHT WHOSE RADIUS 15 2130 FEET AND WHOSE LONG CHORD BEARS S20' 36' 01' w. 49.93 FEET, MLR C`I S�UTjHpESTERL NON -TANGENT DIRECTION Oh THRVE ROUG �� CENTRAL ANGLE OFIGH0* O WAY LINE. AN ARC DISTANCE OF 50.00 FEET TO A % INCH tRDN PIN W17H CAP STAMPED 'CARTER AND BURGESS' SETT E4F4°17'03'w. LEAVING SAIC wLSTERLY RIGHT OF WAY LINE t40.DO FEET TO A M INCH IRON PIN F OUND1 536° 58,DO, w. 54.65 FEET TO A INCH IRON PIN FOUNDI 563'47'01'w. 121.64 FLLT TU A 5fA INCH IRON PIN FOLINDI 576'0:'481W. 150.67 FEET In A INCH IRON PIN FOUNDI N62' 37 23' W. 232. 56 FEET TO A INCH IRON PIN FOUND) NS 6"57' DO' W, 48, AA , FEET TD A �e INCH IRON PIN W17H CAP STAMPED 'CASTER AND BURGESS' SE71 N67.18'DO' W. 93. S,3 FfET TJ A INCA IRON PIN WITH CAP STAMPED 'CARTER ANG EJP3[S:' SET, IN THE EAST ' Y P GHT OF WAY LINE OF DVERHILL DRIVE IA 5J FOC)T W;'Lz Pu6.1C RIGr,7 OF WAl11 Nye°+3 00'M. 5C',00 rt ET Io A !NCH IRON PIN W11H CAF STAMPED 'CARTER ANC- SURE-ESz-' FOUND 1N Tnf e:5`f�p�r RIGHT CF WAY LINE OF SAID DVERHILL DRIVE Ali;; Inc BEGINN,NG J' A NDN -TANGENT CURVE 10 THE LEFT WHOSE RADIUS IS 475.00 FEET ANO Wn0_L L )NG "H]RD BEAPS S29' 29' 53' w. 38. DD FEETI AL,' -N-. SA -D NON-7ANGEhT CUFiVE AND ALONG SAID WESTERLY RIGHT OF WAY LINE •N A S0L:THWEr1EPtY L,RE`TION !HF;, -)JH A CENTRAL ANGLE OF D4°35"01' AN ARC D " ANCE OF 38.£. FEi- '•C A s ih_"I .RLN PIN W17H CAP STAMPED 'CARTER AN` D:;nG:5E' 5ET A7 1-ir NOF7si_A_T '-DFII.ER OF �{}T 1455 OF SAID TROPHY CLUB 5EC1 •5N . 1, NE7;47.3T'r ALDNG IHE NDIYTHEFLY LIN£ OF SAID LOT 1455 A DISTANCE OF 110.00 FEET 10 A IN:H iR lh F IN �G 1iJI Nd_z4B' 00'w. TCDNT3N5!•NC AL@►1C 'Ai�N O1NRiTHECiF 6TiiePED SAID LOT 9URG5DISTANCE DF 35. DO FEE 10 A V, IN'H IRON r E TI TrE'a'_E Ir 35°II.4C'E, LEA, INC 7H[ NG^T HERLYINE OF SAID LOT 1455 TROPHY CLUB, 5EC-1�*. I' A D151AN: E Or ,14.00 FEET 10 A k INCH IRON PIN WITH CAP STAMPED 'C4DIE; ANS BUPGESS' SE7, T-1';_: N1056 1�'E, i5A.._ FEET T," A 51j INr" IRON PIN WITH CAP STAMPED 'CARTER INL E•JRLEz:' SEI, T+iFNEE 11'07'E, IIC.OG FEET `L1 A INC- .RON PIN WITH CAP STAMPED 'CARTER THENCE ~,1033 O3'W, 630. DO, FEET 10 A INCH IRON PIN WITH CAP STAMPED 'CARTER ANL- BURGESS' SETI THrN':F N70'27.00"E, IBD. OD FEET 70 A 5{j )HCH IRON PIN WITH CAP STAMPED 'CARTER ANS 6JRGE55' SET, THEN:E 1417t'0I'25'E, 241.13 FEET 10 A INCH IRON PIN WITH CAP STAMPED *CARTER ANC 5UR5ESS' SET AT THE BEGINNING OF A NDN -TANGENT CpJ V[ TO THE LEFT WM05E RAC,IUS 15 150.00 FEET AND WHOSE LONG CHORD BEARS S50 06'01'E, 19.99 FEETI THENCE ALONG SAID NON -TANGENT CURVE TO THE LEFT IN A SOUTHEASTERLY DIRECTON THRpu;H A CENTRAL ANGLE OF 07'38'22' AN ARE DISTANCE OF 20.00 FEET TO A � INCH IRON Psh WITH CAP STAif-ED 'CARTER ANb BURGESS' SE7# THENCE 5r3°55' I.'E 4.08 FEET 10 A}� INCH IRON PIN WITH CAP STAMPED'C;ARTER ANDE+JR,C[S5' S A�f THE 6[GINNING 0 A CURVE TO THE RIGHT WHOSE RADIUS IS 137.14 Ff[1 AND WHOSE LONG CHORD BEARS S47130'431E, 30.61 FEETI THENCE ALONG SAID CURVE 10 THE RIGHT IN A SOUTHEASTERLY' IRECTION THROUGH A CENTRAL ANGLE OF 12°48'59' AN ARE DISTANCE OF 30.68 FEET TO A INCH IRDN PIN WITH CAP STAMPED 'CAPIE� AND 6JRGE55' FOUND AT THE BEGINNING F A COWDp�UNDp CURVE TO THE RIGHT WHOSE RADIUS ]5 605.00 FEET AND WHOSE LONG CHORD BEARS S4Cr14'3t'E, 18.19 FEETI THENCE ALONG SAID COMPOUND CURVE TO THE RIGHT IN A SOUTHEASTERLYpIRECTIDN THRDUGff A CENTRAL ANGLE OF 0"43' j3'. AN ARC DISTANCE OF IB. 19 FEET TO A INCH IRON PIN WITH CAP S7AAwED 'CAPT£R AND BURGESS' SETI THENCE N50'37' 10' E. 77.71 FEET TO A % INCH IRON PIN WITH CAP STAMPED 'CARTER � AND BUPGF;S' SET, BEING IN 1HE SOUTH LINE OF A TRAC1 OF LAND AS DESCRIBED BY DEED 70 LARRY W. CARR ET Ux ANO FILED OF RECORD IN VOLUME 662. PAGE 6041 THENCE 589'3`. 17'C. ALONG THE SOUTH LINE OF SAID CARR TRACT 545.62 FEET TO A P. K. NAIL FDuND ONCE AGAIN .N THE Ar0flEwEN'IONLD CENTERLINE DF T. J. ♦SING COUNTY ROAD AND IN THE EASIERLY LIN! OF Ir,E AFOFE►4EN71ONEJ M, MEDLIN SURVEY# THENCE 5P`_+'OB' 77' E. ALfi'. = SA -0 EASIERL T LINE OF THE M. MEDLIN SURVEY, 1.196. 13 , n.,.... F ..,r rnuTAluitir. :i. ,4i AFRFS OF LAND.