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ORD 2009-08TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-08 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 2.300 ACRE TRACT OF LAND CURRENTLY ZONED "R-15" — SINGLE FAMILY RESIDENTIAL TO "R-12" SINGLE FAMILY RESIDENTIAL; 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 R-12 ZONING FOR SUCH 2.300 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 211 of the Texas Local Government Code, to regulate Land use, and property development within the Town for the public health, safety and general welfare; WHEREAS, the owner of the tract of land, collectively described as a 2.300 acre tract of land, zoned R-15 — 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 R-12 -- Single Family Residential. 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 Ordinance 2009-08 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 2.3 acre tract of land described in Exhibit "A" and Exhibit "B", attached hereto and incorporated herein, is hereby changed to adopt provisions for "R-12" Single Family Residential 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 "R-12" Single Family Residential designation for the tract of Land. Ordinance 2009-08 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 Focal Government Code. Ordinance 2009-08 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 1 8th day of May, 2009. Effective Date: 5/27/09 Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: a Town Attorney Town of Trophy Club, Texas Ordinance 2009-08 EXHIBIT A LEGAL DESCRIPTION 2.300 ACRES BEING A 2.300 ACRE TRACT OF LAND SITUATED IN THE M. MEDLIN SURVEY, ABSTRACT NO. 832, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND CONVEYED AS "TRACT III" (NEIGHBORHOOD 10) TO BDMR DEVELOPMENT, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2007-82834, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 2.300 ACRE TRACT, WITH REFERENCE BEARING 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 COBS ARP (PID-DF5387), SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID- DF8986) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHEAST CORNER OF SAID "TRACT III" (NEIGHBORHOOD 10) AND THE COMMON NORTHWEST CORNER OF EAGLES RIDGE, PHASE 1, AN ADDITION TO DENTON COUNTY, AS RECORDED IN CABINET M, PAGE 150, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST LINE OF SAID "TRACT III" (NEIGHBORHOOD 10) AND THE COMMON WEST LINE OF SAID EAGLES RIDGE, PHASE 1, THE FOLLOWING COURSES AND DISTANCES: SOUTH 24 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF 206.44 FEET TO A POINT FOR CORNER; SOUTH 02 DEGREES 42 MINUTES 39 SECONDS WEST, A DISTANCE OF 114.30 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR CORNER; NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF 136.99 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR CORNER; SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE OF 40.14 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED "McCULLAH" FOUND FOR CORNER; Ordinance 2009-08 NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR CORNER; SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A 518 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR CORNER; NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF 135.00 FEET TO A POINT FOR CORNER; THENCE, NORTH 01 DEGREES 27 MINUTES 18 SECONDS EAST, OVER AND ACROSS SAID "TRACT III" (NEIGHBORHOOD 10), A DISTANCE OF 369.37 FEET TO A POINT FOR CORNER ON THE NORTH LINE OF SAID "TRACT III" (NEIGHBORHOOD 10); THENCE, NORTH 88 DEGREES 57 MINUTES 19 SECONDS EAST, ALONG THE NORTH LINE OF SAID `TRACT Ili" (NEIGHBORHOOD 10), A DISTANCE OF 233.38 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.300 ACRES OF LAND, MORE OR LESS. 1901111Ftii 0181`' � EXHIBIT B Tl 1-WIM. 'UNING EXIMAT F.F. P"T vFA".P""iT Ordinance 2009-08 VICINITY MAP NOT TO SCALE I I I 49 50 II I 51 240 ACRES TRACT E-405 UNITED STATES OF AMERICA VOL. 370, PG. 208 D.R.D.C.T. 52 TRACT III NEIGHBORHOOD 10 PROPOSED BDMR DEVELOPMENT, LLC TENISON TRAIL CC# 2007-82834 R.P.R.D.C.T. - - - - - - - - - — ZONED R-12I I I I I 10 7 I FUTURE DEVELOPMENT CANTERBURY HILLS PHASE 2A I ZONED R-12------------ I I I I I I 9 o$ N 53 EXISTING PROPOSED S�R-432 10"JoC CIRS LINE BEARING DISTANCE Li S O1'27'18" W 40.14' L2 I N 88'32'42" W 50.00' L3 I S 01'27'18" W 40.00' POINT OF BEGINNING I I I I � I s 54 to I / ZONING R-15 \ ZONING R-12 \ ss I p 0 Z Fm II I z� I I I 56 11 CIRF - J "NELSON" - I I I CIRF "NELSON" I II _ L1 N 88'32'42" W 135.00' CIRF .NELSON" 42 1 N 88'32'42" W 136.99' CIRF "McCULLAH" 44 EAGLES RIDGE PHASE 1 CAB. M, PG. 150 c P.R.D.C.T. ZONED R-12 3 a LOT A c M BLOCK F iv PARK DEDICATION TO `r THE TOWN OF TROPHY CLUB 0 N CIRF "NELSON" PURPOSE STATEMENT TO RE -ZONE 2.3 ACRES OF SINGLE FAMILY RESIDENTIAL PROPERTY FROM R-15 TO R-12 FOR RESIDENTIAL DEVELOPMENT, WHICH WOULD MATCH THE EXISTING ZONING OF THE ADJACENT SINGLE FAMILY RESIDENTIAL PROPERTY. 43 EAGLES RIDGE g / PHASE 1 �\ / CAB. M, PG. 150 / yll 3 EAGLES RIDGE, CABINET X, PAP.R.D.C.T50 25 0 50 ZONED R-SCALE IN FEET 1' = 50' 45 46 ZONING EXHIBIT LOTS SHOWN ARE TO BE PART OF THE FUTURE CANTERBURY HILLS DEVELOPMENT OUT OF THE M. MEDLIN SURVEY, ABSTRACT NO. 832 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS 2.300 ACRES P.R.D f / OWNER/DEVELOPER: BDMR DEVELOPMENT, LLC ZONED -1.-1 2 R se Sy /' 1221 1-35 EAST, SUITE 200 39 40 41 " \ / CARROLLTON, TEXAS 75006 PHONE (469) 892-7200(MAIN) E OomN - FAX (469) 892-7201(MAIN) \ 11 ATTN: BRAD BIBER - - - - - - - / / 0 ENGINEER/SURVEYOR: JACOBS / \ 7950 ELMBROOK DRIVE DALLAS, TX 75247-4961 PHONE 214-638-0145 FAX 214-638-0447 PROPOSED SKYLINE DRIVE - —' - — - - — - — _ _ _ _ / � 9 CONTACT JAISON STEPHEN, P.E. _ _ _ SKYLINE DRIVE \ RF_C"FIVED � —rvl),—o/S APR 2 9 2009 TC.. 5 A3-0 BY: Gl' MAY 2009 c\Sm\Cx439\C3x43312\can\2529-212Ex i 2.a..9