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ORD 2007-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2007-22 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2007-11 P&Z, KNOWN AS PID PLANNED DEVELOPMENT DISTRICT NO. 28, NORTHWEST HIGH SCHOOL NO. 2, ADOPTING A DETAILED FINAL SITE PLAN FOR NISD HIGH SCHOOL NO. 2, LOTS 1 AND 2, BLOCK 1, AND LOTS 1 AND 2, BLOCK 2, BY ADDING EXHIBIT "B" ENTITLED "SITE PLAN"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT TO SECTIONS A, B, C, D, E, AND F OF ORDINANCE NO. 2007-11 P&Z BY PROVIDING A FINAL DETAILED SITE PLAN, PROVIDING A LANDSCAPE PLAN AND PLANT LIST, PROVIDING AN IRRIGATION PLAN, PROVIDING BUILDING ELEVATIONS, PROVIDING A PHOTOMETRIC PLAN, AND PROVIDING SIGN CRITERIA ; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; WHEREAS, the owner of the tracts of land, collectively described as a 92.24 acre tract of land, of which approximately 54.86 acres are zoned MH — Manufactured Housing, and approximately 37.38 are zoned R-12 Single Family Residential, and such land being further described in Exhibit "A", attached hereto and incorporated herein, (the "Land"), filed an application with the Town's Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 28, Northwest High School No. 2 with high school and associated auxiliary uses including but not limited to athletic fields and a stadium, consisting of approximately 92.24 acres of land. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town's Code of Ordinances; and WHEREAS, the owner of the 92.24 acre tract of land has requested an amendment to PD-28 for the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Photometric Plan, and Sign Criteria. WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings 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 Ordinance No. 2007-11 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2007-11 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 28, Northwest High School No. 2, is hereby amended in the following particulars, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are hereby ratified and affirmed. A. Final Detailed Site Plan: A Final Detailed Site Plan for the Land, and all parts therefore, is attached hereto as Exhibit "B", Final Detailed Site Plan, and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of the land and compliance with each and every part of such Final Detailed Site Plan shall constitute a condition precedent to the issuance of any building permit for the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list of this PD Planned Development are attached hereto as Exhibit "BA", "Landscape Plan and Plant List", and are incorporated herein as if copied in their entirety. C. Irrigation Plan. The irrigation plan of this PD Planned Development are attached hereto as Exhibit '8.2% "Irrigation Plan", and are incorporated herein as if copied in their entirety. D. Building Elevations. The building elevations of this PD Planned Development are attached hereto as Exhibit "13.3% "Building Elevations", and are incorporated herein as if copied in their entirety. E. Photometric Plan. A photometric plan of this PD Planned Development are set forth in Exhibit "BA". "Photometric Plan", which is attached hereto and incorporated herein as if copied in its entirety. F. Sign Criteria. Signage requirements of this PD Planned Development are set forth in Exhibit "B.5", "Sign Criteria", which is attached and incorporated herein as if copied in its entirety. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-28 and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 the 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 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than 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 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law. and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 10" day of September, 2007. z zL Nick Sanders 4ayor Town of Tropl�y Club, Texas ATTEST: R Op "Lisa Ramsey Town Secretary Town of Trophy Club, Texas C)i 0 [SEAL] 0J APPROVED AS TO FORM: Towh Aftorney Town of Trophy Club, Texas EXRMIT "A" LEGAL DESMIPTION Being 92.655 acres of land located in the T- Calaway Survey, Abstract No. 272, the T- Kelly Survey, Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton County, Texas, being the tract of land described in the deeds to Northwest Independent School District (Northwest Independent School District "NWISD"), recorded in Instrument Nos. 2004-52882, 2005-56133, and 2005-56134, Deed Records, Denton County, Texas. Said 92.655 acres of land being more particularly described as FOJIDWS: BEGINNING at a 1/2" iron rod stamped McCullah" found at the most Westerly Northwest corner of said NWISD tract recorded in Instrument No. 2004-52882, being the Northeast corner of Lot 22, Block L, Green Acre Estates, 2nd Section, an addition to Denton County, Texas, according to the plat recorded in Volume B, Page 250, Plat Records, Denton County, Texas; THENCE N89'32'20"E, along the most Westerly North line of said NWISD tract recorded in Instrument No. 2004-52BB2 a distance of 3B3.50 feet to a BOd naii found at the Northwest corner of the Save and Except Tract 1 as described in the deed to NWISD in said Instrument No, 2004-52882; THENCE S00"27'22"E, along the West line of said Save and Except Tract 1, at a distance of 255.57 feet passing the Southwest corner of said Save and Except Tract 1, also being the most Westerly Northwest corner of a tract of land descdbed in the deed to C Oil Investments, LTD. recorded in Instrument No. 2005-56135, Deed Records, Denton County, Texas, in all a total distance of 295.57 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set at the Southwest corner of said C Oil Investments, LTD tract; THENCE along the South, East, and North lines of said C Oil Investments, LTD tract the following courses and distances: 1. N89'33'02"E, a distance of 410.61 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set; 2 NOQ'26'58'W, a distance of 29562 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set; 3. S89'33'06'W, a distance of 155.00 feet to a 3/8" iron pipe found at the Northwest comer of said C Oil Investments tract, the Northeast corner of said Save and Except Tract 1, and the Southeast comer of a tract of land described in the deed to Hunter Ferrell Properties, Inc recorded in Instrument No- 94-75154, Deed Records, Denton County, Texas; THENCE N00'15'3MV, along the most Northerly West line of said NWISD tract described in Instrument No. 20114-52BB2. a distance of 157.16 feet to a 1/2" iron rod set at the Southwest corner of a tract of land described in the deed to C Oil Investments, LTD. recorded in Instwment No. 2003-205035, Deed Records, Denton County, Texas; THENCE along the South, East, and North line of said C Oil Investments, LTD. tract described in Instrument No. 2003-205035 the following courses and distances: 1. 1\165'51'1�V'E, a distance of 293.82 feet to a 60d nail found; 2. N43'22'35"E, a distance of 110.89 feet to a 60d nail found; 3. N45u0l'3TW, a distance of 29B.00 feet to a 60d nail found; 4- SB9'29'25'W, a distance of 135.33 feet to a 60d nail found in the most Northerly West line of said NWISD tract described in Instrument No. 2004-528132; THENCE N00'15'37"W, along the most Northerly West line of said NWISD tract described in Instrument No. 2004-52882, at a distance of 192.98 feet passing a point from which a 5/8" iron rod stamped "Carter & Burgess" bears S89*44'23"W a distance of 0.97 feet for the Northeast comer of said Hunter Ferrell Properties, Inc tract and the Southeast corner of a tract of land described in the deed to Star of Texas Energy Services, Inc recorded in Instrument No. 2004-148911, Deed Records. Denton County, Texas, in all 347.21' to a U.S. Army Corps of Engineers (Corps of Engineers "COE") Monument No. 540-1 found at the most Northerly Northwest corner of said NWISD tract described in Instrument No. 2004-52882; THENCE along the North and East lines of said NWISD tract described In Instrument No. 2004-52882 the following courses and distances: 1. S42"22'1 9"E, a distance of 408.77 feet to a COE Monument No. 540-2 found; 2. S44"17'30"E, a distance of 777.59 feet to a COE Monument No. 540-3 found; 3� S58'06'38'W, a distance of 253.93 feet to a COE Monument No. 54D-4 found; 4. S61'23'43"E, a distance of 642.65 feet to a 112' iron rod stamped "McCullah" found; 5. S50'1 233"E, a distance of 496.53 feet to a COE Monument No. 540-6 found; 6. S15"1,V49'W, a distance of 150.59 feet to a COE Monument No. 540-7 found; 7. S27'03'58'VV, a distance of 402.08 feet to a COE Monument No. 540-8 found; B. N87'09'06"W, a distance of 157.55 feet to a 1/Z' iron rod stamped "Beasley RPLS 405W set; 9� S77'19'34'VV, a distance of 102.76 feet to a 1/2" iron rod stamped "McCullah" found; 10. S41'39'04"VV. a distance of 91.39 feet to a 1/2" iron rod stamped "McCullah" found ; 11.S36'17'12'W, a distance of 52.32 feet to a 1/Z' iron rod stamped "McCullah" found; 12. S40*50'39'W, a distance of 95.59 feet to a 1/2" iron rod stamped "McCullah" found; 13 SOB'39'42'VV, a distance of 429.68 feet to a 112" iron rod stamped "McCullah" found; 14. SO4'12'41'W, a distance of 306.41 feet to a 1/2" iron rod stamped "McCullah" found; 15. S13*00'52'VV, a distance of 96.30 feet to a 1/2" iron rod stamped "McCullah" found; 16. S19'36'46"W, a distance of 103.70 feet to a 1/2" iron rod stamped "Mccullah" found; 17, S10'23'52W, a distance of 125.46 feet to a plk set in Marshall Creek Road for the Southeast corner of said NWISD tract described in Instrument No. 2004- 52862; THENCE with the South line of said NWISD tract described in Instrument No. 2004- 528B2 and along a line in Marshall Creek Road the following courses and distances: 1. Westerly, 138.46 feet along a non tangent curve to the left, having a radius of 1,031.76 feet, a central angle of 07'41'21" and a chord bearing N73'38'56'W, 138.36 feet to a plk set; 2. N77'29'39'W, a distance of 909.47 feet to a pk set at the beginning of a non tangent curve; 3. Westerly, 350.07 feet along a non tangent curve to the left, having a radius of 2,020.05 feet, a central angle of 09'55'45" and a chord bearing N85'28'47'W, 349.63 feet to an X found for the Southwest corner of said NWISD tract described in Instrument No. 2004-52882; THENCE NOO'06'55"E, along the most Westerly West line Of said NWISD tract described in Instrument No. 2004-52882, at a distance of 31.69 feet passing a 3/8" iron rod found at the Southeast comer of Lot 1, Block L, Green Acre Estates, an Addition to Denton County, Texas, according to the Plat recorded in Volume 6, Page 6, Plat Records, Denton County, Texas, in all a distance of 1,426.57 feet to a 318" iron rod found at the Northeast corner of Lot 14, Block L, of said Green Acre Estates, also being the Southeast corner of Lot 15, Block L, of said Green Acre Estates, 2nd Section; THENCE NOO'15'50"E, along the East line of said Green Acre Estates, 2nd Section, a distance of 754.75 feet to the point of beginning, containing 92.655 acres of land. The bearings recited hereon are oriented to NAD B3, Texas North Central Zone. EXHIBIT B FINAL DETAILED SITE PLAN SITE PLAN PACKAGE NEW BYRON NELSON HIGH SCHOOL NORTHWEST INDEPENDENT SCHOOL DISTRICT TROPHY CLUB, TEXAS AUGUM007 f-= J. -Ay 2. M It L _-j AZ I'A MIN- Ko cl w z K z 5 X: L) C1.03 EXHIBIT B.1 LANDSCAPE PLAN AND PLANT LIST RT- I ;77�, ZI: jz Z-2 M.t 1, 1 L1.01 ------ ---- 0-- o T 1 U F P. T- 777T Ll-03 D-i L1.05 -------------- b - - - - - - - DIV, Lill t7 The following Sheet L1.07 was reviewed by the Planning & Zoning Commission on August 16, 2007. The applicant submitted a different Sheet L1.07 electronically and by hardcopy for Council review. :jij i�� 11 INN 1 1 1 Nn ON 0 MNI Igo 4g IF%' EXHIBIT B.2 IRRIGATION PLAN -41 —1- X�l -f-I v7jc 4 9. f 4 5 8 1 2 ILL 7.� -7-= EXHIBIT B.3 BUILDING ELEVATIONS 4--v BYRON NELSON HIGH SCHOOL III ji I ;1 4711 BYRON NELSON HIGH SCHOOL 4 7RO"IfYCLUB T� 7(IM2 if if R; if !lf if; I I! o: if Hl BYRON NELSON HIGH SCHOOL BYRON NELSON HIGH SCHOOL 1 114 Jill 1-4 BYRON NELSON HIGH SCHOOL J1 Sheet A2.01 was not included in the package reviewed by the Planning & Zoning Commission on August 16, 2007. MIN n BYRON NELSON A, > HIGH SCHOOL Ixvx oil 1q. U-! MI Is oil 191 ul oil III oil 13YRON NELSON > HIGH SCHOOL IS. TU�PRY U US TEX� 7� ]LIN 4WI IMI p BYRON NELSON > HIGH SCHOOL Sheet A5.03 was added to the Town Council packet at the request of the Planning & Zoning Commission. WNW IMM�1111 �M I M=� I I '11P q191=011 BYRON NELSON > T HIGH SCHOOL EXHIBIT B.4 PHOTOMETRIC PLAN EXHIBIT B.5 SIGN CRITERIA If i L IL - - - --- I I NI BYRON NELSON HIGH SCHOOL >