ORD 2008-29TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-29 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE,
AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN
BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS AN APPROXIMATE 6.568 ACRE TRACT OF
LAND LOCATED IN THE J. EADS SURVEY, ABSTRACT NO.
392, AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154,
TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND
CURRENTLY ZONED "CR" — COMMERCIAL RECREATION TO
"CG" COMMERCIAL GENERAL; PROVIDING FOR EXHIBIT "A",
LEGAL DESCRIPTION"; AND PROVIDING FOR EXHIBIT "B",
"ZONING CHANGE EXHIBIT"; PROVIDING THAT SUCH TRACT
OF LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE ZONING CODE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT
THE ZONING MAP SHALL REFLECT THE CG ZONING FOR
SUCH 6.568 ACRE TRACT; 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; PROVIDING FOR PUBLICATION; 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; and
WHEREAS, the owner of the tract of land, collectively described as a
6.568 acre tract of land, zoned CR — Commercial Recreation, 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 CG — Commercial
General. 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, 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 Comprehensive Zoning
Ordinance 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;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
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.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the
public hearing, the Town Council has concluded that the adoption of this
Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the
public health, safety and welfare.
SECTION 3.
REZONING
The Zoning Ordinance for the Town, adopting the Zoning Map, codified in
Chapter 13 of the Code of Ordinances of the Town of Trophy Club, is
hereby amended in the following particulars:
A. The zoning of the land, being a 6.568 acre tract of land described in
Exhibit "A" and Exhibit "B" attached hereto and incorporated herein,
is hereby changed to adopt provisions for "CG" Commercial
General in accordance with the requirements of this Ordinance, all
applicable parts of Chapter 13, the Zoning Code, and all other
applicable ordinances, rules and regulations of the Town. The
Zoning Map is hereby amended to reflect the "CG" Commercial
General designation for this tract of land.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town 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 5.
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 of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as set forth in the home rule Charter of the Town and
by filing this Ordinance in the Ordinance records of the Town.
SECTION 7.
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 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION 9.
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 the 22nd day of September, 2008.
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
4wn Secretary
Town of Trophy Club, Texas
Ir=k;
[SEAL] C
APPROVED AS TO FORM
Town Attorney
Town of Trophy Club, Texas
EXHIBIT A
LEGAL DESCRIPTION
6,568 ACRES
BEING A 6.568 ACRE TRACT OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO, 392,
AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154, TOWN OF TROPHY CLUB, DENTON
COUNTY, TEXAS, AND BEING ALL OF A CALLED 6.5680 ACRE TRACT OF LAND, CONVEYED AS
TRACT J. TO CENTURION ACQUISITIONS, L.P., BY DEED RECORDED IN INSTRUMENT NO. 2006-
128659, REAL PROPERTY RECORDS, DENTON, TEXAS, SAID 6.568 ACRE TRACT, WITH
REFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH
CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387),
SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID-DF8986), BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS'
SET FOR THE SOUTHWEST CORNER OF SAID 6.5680 ACRE TRACT, AND A COMMON
NORTHWEST CORNER OF TROPHY CLUB, SECTION SEVEN, AN ADDITION TO THE TOWN OF
TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABIN J, PAGE 342, PLAT RECORDS,
DENTON COUNTY, TEXAS, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF
TROPHY CLUB DRIVE, (AN 80' RIGHT -OF -WAV);
THENCE, ALONG THE SOUTHWEST LINE OF SAID 6.5680 ACRE TRACT AND THE COMMON
NORTHEAST LINE OF SAID TROPHY CLUB DRIVE THE FOLLOWING COURSES AND DISTANCES:
NORTH 55 DEGREES 47 MINUTES 41 SECONDS WEST, A DISTANCE OF 230.31 FEET TO A 5/8
INCH IRON ROD FOUND FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT HAVING A CENTRAL ANGLE OF 40 DEGREES 38 MINUTES 44 SECONDS, A RADIUS OF
794.70 FEET, A CHORD BEARING OF NORTH 35 DEGREES 28 MINUTES 19 SECONDS WEST.
A CHORD LENGTH OF 552.01 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 563.76 FEET, TO A Y'
INCH IRON ROD WITH A PLASTIC CAP STAMPED "MCCULLAH" FOUND FOR THE
NORTHWEST CORNER OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTHWEST
CORNER OF LOT 1, BLOCK 1, TROPHY CLUB COUNTRY CLUB, AN ADDITION TO THE TOWN
OF TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABINET X, PAGE 454, PLAT
RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG THE NORTH LINE OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTH LINE
OF SAID LOT 1, BLOCK 1, TH E FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 02 MINUTES 41 SECONDS EAST, A DISTANCE OF 410.00 FEET TO A
INCH IRON ROD FOUND FOR CORNER;
NORTH 33 DEGREES 48 MINUTES 19 SECONDS EAST, A DISTANCE OF 104.00 FEET TO A 518
INCH IRON ROD FOUND FOR CORNER;
THENCE, SOUTH 56 DEGREES 11 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID
6.5680 ACRE TRACT, AND A COMMON WEST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF
179.35 FEET TO A POINT FOR CORNER;
THENCE, ALONG THE EAST AND SOUTH LINES OF SAID 6.5680 ACRE TRACT, AND THE
COMMON WEST AND NORTH LINES OF AFORESAID TROPHY CLUB SECTION SEVEN, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 31 DEGREES 32 MINUTES 41 SECONDS EAST, A DISTANCE OF 211.10 FEET TO A
POINT FOR CORNER;
SOUTH 19 DEGREES 34 MINUTES 41 SECONDS EAST, A DISTANCE OF 115.00 FEET TO A
POINT FOR CORNER;
SOUTH 41 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 218.80 FEET TO A
POINT FOR CORNER;
SOUTH 46 DEGREES 19 MINUTES 19 SECONDS WEST, A DISTANCE OF 153.36 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 6.568 ACRES OF LAND, MORE OR LESS.
ZONING CHANGE EXHIBIT
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