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ORD 1990-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. __ 9 _0 -_1_9 __ _ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN COMJ>REHENSIVE ZONING ORDINANCE, BY GRANTING A CHANGE IN ZONING ON A CERTAIN TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING APPROXIMATELY 5.3459 ACRES OF J:..A.ND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, AND W. MEDLIN, ABSTRACT NO. 892, DENTON COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE ATTACHED EXlilBIT "A", SAID CHANGE IN ZONING BEING FROM R-7.5 SINGLE FAMJLY RESIDENTIAL DISTRJCT TO PD, PIANNED DEVELOPMENT DISTRICT AS AUTIIORIZED BY SECTION 16 OF ORDINANCE NO. 87-23 OF THE TOWN, FOR GARDEN APARTMENTS AND CONDOMINIUMS, IN ACCORDANCE WITII THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN nns ORDINANCE, AND WITH A COMPREHENSIVE sm;, .~~; .. 1'13:()XJPJ:NG 'lflt\T TlIF:. Z,()l'[{N(J. ¥AJ' SHALL REFLECT PD, ~~D.·E1E¥'EtDfl\-mN't:~l~Tlit€;J'.~g~ .... l:f FOR THE SUBJECT PROPERTY; PRESER YING 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 DOll.ARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COl\iMITTED 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 prerequisites having been compiled with, the case having come before the Tuwn Council of the Town of Trophy Club, Texas, 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 making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and pedestrians using the facilities in the area immediately surrounding the sites; safety from the 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 reasonably 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 1 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 possible present in the securing of safety from same, the effect on the promotion of health and 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 undesirable or hazardous conditions; and WHEREAS, the Thwn 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 WHEREAS, the Thwn 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 proximity 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_ in 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: 2 A That the allowed us~ of a tract of land containing approximately 5.3459 acres and located in the J. Eads Survey, Abstract 392, and W. Medlin Survey, Abstract 829, Denton County, Texas, and more particularly described in Exhibit 11 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 Exhibit "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. 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. Int he event such deed covenants and restrictions are approved by the Tuwn 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 S. 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 6. 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 Thwn 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 8. 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 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, 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. fu._wyers Title Insurance Grporation NATIONAL HEADQUART.E.ES · RICHMOND. VIRGINIA QUORUM CONDOMINIUMS 11 EXHIBIT A 11 BEING a tract of land situated in the J. EADS SURVEY, Abstract No. 392, and the w. MEDLIN SURVEY, Abstract No. 829, of Denton County, Texas, said tract being all of Trophy Club THE QUORUM CONDOMINIUMS, an Addition to Dentori county as recorded in Cabinet "C"i Slide 358, of the Plat Records of D.enton County, and being more particular y described as follows: BEGINNING at an iron rod set on the Easterly right-of-way line of"Ttophy Club Drive (80 foot R.O.W.), said ~oint pe:;ng ~he Southwest corner of said Trophy Club, THE QUO~UM CONDOMINIUMS..; -~.:;:, ·-.... ·'·:~·:: • "•--:~ .. ~!_. • ... ·:"''··~~·.,: · •• ~.-. • • THENCE along the easterly right-of-way line:.of-=<Trophy Club Drive, with a curve to the right, having a chord. bearfng·:of North 30 degrees 57 minutes 04 seconds East for a chord distance ;:of;:;:304.:~.85~.feet, saia curve having a central angle o! 22 degrees 06 minutes} 5}~{geg!'.'.ee,s,' a radius of 794.50 feet, and arc length of 306. 75 feet to .. an ir_o~ .. rod//~~:r:: corner; .. .,_: .. ::_ ~ r~·.\:!.! ·!~:; ;'·t THENCE North 88 degrees 36 minutes-27~seconds~East, 258.06 feet to an iron rod set for corner; -~~ . . ~ &::.:-.:: ·~I : .=· I ;_ ;'6 ~ ,,. ;.·. . ili .•. • ":::.! ., f 1: •. ~ ·..,~ ' THENCE North 85 degrees 59 minutes 40 :!secouds~:East, 761.36 feet to an iron rod set for corner; 1; ·~ k·~· 1-:i -.. ;. ,. ... . ~: •. :! ; '. ·. _·:..~ . THENCE South 34 degrees 56 minutes 00~ ~~~ond~~West, 117.90 feet to an iron rod set for corner; JO. · , .. .:h THENCE South 70 degrees 43 minutes 30 seconds: West·"S22. 00 feet to an iron rod set for corner; THENCE South 50 degrees 00 minutes 00 seconds West 100.00 feet to an iron rod set for corner; THENCE due West 269.71 feet to an iron rod for corner; THENCE North 87 degrees 17 minutes 16 seconds West 268.60 feet to the POINT OF BEGINNING, and containing 232.?65 square feet or 5.3459 acres of land, more or less. ~ ~ SY11YQ \ Sll33NION3 "EXHls-!TBi1 ONl.L1flSNO:> NOl.LYllOdllO:> ONlll33N/ON3 NOS13N .~ ·~ 268.60 310 40' .. (l;I !> ·~t·•·?so"w ~0.00 Lu . ~ 1· ' "'" '· '"'' '"'"~'~'~:~~ ' ,, ' POINT OF COMMENCING nu: NORTHEAST CORNER OF VILLAGE WUT SEC A . Lf 0 1 UNPL_ AC F~1 T CJ nton .._, n:-:iunty, T#Ua, mnd lyln11 !ri the J, 2a<h Survey, ' Surve Abstract llo. 629, iitd being a part of a. I! 1.i n Vol umtt 1crlotd as fallows: U; 530, Panton County Dud ~e¢ord~, and bt!n,~ () COIH1£NCI~<:i at .u1 Iron rod tn tnct Northust&rl~ R.0,11. of Trophy Club Drive, uld point 4110 beln• the 1:1~,H i'.crth~rlll' oornor of VILLAGE 11~.ST, S!CTION "A", u filed !n VoluH C, P&!!<t l7l, DRf,CTI 'l'H!i'IC~ South 87 des ~5 min JO Uc llut, ilons uid Horth line of VILLAGE W!ST, sg~TION "A", ~0.00 rest ta an Iron rod In the centerline or said Trophy Club Drhe1 THENCE ·~ortherly, having uid North l! curve to the right, said curve hadnir e. central •nrl• of 21 deg 2-.. 1n 37 iH& of 83~.70 r~et, an arc length or 311.91 fo!i~ and 11 ohord "''~lol'I buu·!ll llorth .:;in 49 a·;ic rHt, 310.10 fut to th~ POl~T OF ~11!~, en lron rod aet rQr to1n1r1 '!'HeiJC~ rHEilC!l 1'HF.~C!l TH£1l•:E THHCI! s. 61H\ .:ont!nuint ttl.ona Hici oun11, hav!n11 ~.·1;1.~ of 20 d~ 24 11!n 52 uo, a of l~/M r.,.,;t, 11n uo hnsth of 297.'!l.'.i a chord bura North 29 des 33 ao hit, 295.83 fut to .. n Iron rod -:.orneq Horth 88' dis J6 11ln 27 ••a Eaet, 311.09 to an Iron rod for oorner1 llorth 85 dog 59 min -0· aea ell.H, 7·Sl fut to 11n Iron rod for corneri South 3-des 56 ain DD •~a W01t, 117.90 to an Iron rod for corneri South 70 dog -J ain JO moa lle~t, 522.00 feet to an Iron for corner1 ~outh 50 de' 00 nln CD aec Wemt, lC~.00 feet to an lron r ~~r corners due West, 269.Tl feet to mn Iron ro~ far ~arn1r1 North 87 de1 17 min 15 eeo Weet, JI~. F•«t t~ t~0 NT OF BEGINNING and aontmlnln• aores or land, aors er leas. BRITT PHILLIPS, da hereby adopt tnls ~~a «•mlgnatlns the nereln demcrlb•d UUl'fll , Tll'l QUDNUl'I CONDOMUIUMS, addition to Denton County, Hxu, and hereby dedl tc tho publio uae ror•ver tht •trseta and alle e11enent1 shown tnargon are hereby reaerved for.'h• purpaaes as I n DALLAS, nus Ttm! ~-on OP a.~,.. . 1983. ST/\'fl; Qt' 'r!;X!\:1 CO!INTY ()f r.~l.ll\!i 1 ocrone: 111::, a Plenary Puhl le In ~ml (or ilfU'.''I' PlllLLll'!I, ~nown to "''' to hi' th<ll ln~tru~•nt nnrl oc~nowl11.~9cd lo mr thot G!Vr,ll L:tflt:R 11'11 1111110 !\NO 6E'.Ai.. 01' OFFICE QLJ ·r RI AN Ui'IPL AT ,7 .•. /\,'·' WEST -26971' /'"' ~~--·~~~~~~~~.?"- / / / S°'EYORS CERTIFICATE 01' n;XAS COUNT¥ Of OALl.U ,·~rtily lh•l thu pl1<\ •nd field 1wlt1t> accur&tH bUrvey un ttu ~ruund under m) I, B. L. NELSON, repre&ent an actual supervision and tba• thMru arH no encroac ru9lone EiCIPT •• shown. <.:on!UctH or OF ~.k/ 983. •~~· Public Surveyor Thh h to c:1.rtUy !lhml th!IJ i;i~.p .t w11 ..... f.! 1.,d with tJl.<1 ll?f·J'l <>f Alderman's m•rntlng 11ielcl on .....l!::t.~-.~d•y of ___ J:,.I'_"··:·~·--, • 19113 and that the !'spectt1cat1one and Information cont11.in~J h· reun m"at 'the requiremenl1:11 of Ordinance Number 80, overnlng aubcJ: •!t1!ou of iancl ,.!thin tb1111 '!frophy Club axtr tarrltor jurisdiction >f th 0 Town of Weetlako11. N r 0 APl•llOVHJ: "'""''''""'"~---------~-----·- ' r. 1984 i : ( . UUf··i APPHOVED: UAY OF ~~r· 1ut:i. COIH!l SyjONl:.H~ BY:~ t:0,1;11.)i .. J,, ;1· COUNTY, STATE OF TEXAS. ~N7£rc~~ffnm. P. 0. Box 1249 Denton. Texas 1 DEVELOPER Britt Phillips Arllnglon, hih1.11 71'.!0tJ (817) ~61-7931 ¥Ulffil irr. II SCALE 1"•601 SulU 100 , lOCAHON MAP I ' I I ,1 11111111!!1 !lll!lllll!llill~!f!ll!lllllllllll!lllllllll!lllllllll!lllJl.l!lll!llllllll!l!i!!lfll!l!i i·;~~~~k~~~~;-1~~llllllliJllllllll!lllllllll!lllllllll!l~.~-!!!.!!ll.!!.c~ 'i ~ROPHY C 11 1 1 .,. THE QUORUM CONDOM AN Atl•)!TION rn O(NVOM CJ\kHV, nus J. feels tf4Jrvey, Atuur-ect P+<l 111. Madl1n S.Urv•v» Abatru::t •~IT 1 ~~Allll!Bla~::t@ULZ ~ i ill&•ot•"b•r·n ~ • .,. ~ dSH£fT Of,. u.a •• ., .... •• 111.,.-, ... ...E:... __ s1u:: •. rs>1 ,_ ll'H' ··! ~ mtl I&. I g -· .... · .. ·f11 If/I.. L. N£LSON a AJ.l:!JOCIATIK.fl~, .fh't;i:.~. ii CONSULl:'NO i'(NufN££R,1J