ORD 2010-12TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-12 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 FROM "PD-27" PLANNED
DEVELOPMENT NO. 27 TO "CR" COMMERCIAL RECREATION
ON A CERTAIN 12.900 ACRE TRACT OF LAND AS DESCRIBED
IN EXHIBIT "A" AND EXHIBIT "B"; 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
"CR" ZONING FOR SUCH 12.900 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
12.900 acre tract of land, zoned PD-27 -Planned Development No. 27, 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 CR -Commercial
Recreation. 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 NO. 2010-12
(File 102010-215)
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 12.900 acre tract of land
described in Exhibit "A" and Exhibit "8", attached hereto
and incorporated herein, is hereby changed to adopt
provIsions for "CR" Commercial Recreation 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
"CR" Commercial Recreation designation for the tract of
Land.
ORDINANCE NO. 2010-12
(File ID 2010-215)
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.
ORDINANCE NO . 2010-12
(File 102010-215)
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 26 th day of April, 2010.
MaVor
Town of Trophy Club, Texas
ATTEST:
X cnd-k/1/2 ~'g .
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2010-12
(File ID 2010-215)
LEGAL DESCRIPTION
12.900 ACRES
BEfNG A 12.900 ACRE TRA CT SI ATED L"I THE 1. HENRY SURVEY, ABSTRACT NO
52 9, TOWN OF TRO PHY C LUB , DENTON GlJNTY, T EXAS, AND 13E fNU PART OF A
CAl.LED 13300 ACRE TRACT OF LAND CONVEY"ED AS "TRACT I -PARK" AND
PART OF A 16.581 ACRE TlV\CT OF LAND CO NVEYED AS "TlV\CT 2 -MUNICIPAL
ANn Vll .LAGE CENTER" TO CENTVRJON ACQUISITIONS, LP., BY DEED RECORDED
TN COUNTY Cl.ERK'S FIT.E NO. 2006-1286 59, REAL PROPERTY RECORDS, DENTON
COUN TY, TEXAS, AND BEING PART OF II 608. 207 ACRE TRACT OF LAND
CONVEYED AS "TRACT 0" TO 83 1 TR OPHY, LP, BY DEED RE CORDED fN COUNTY
CLERK'S HLE NO. 2006-1 286 58, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS. SAW 12.900 ACRE TR ACT, WITl[ REFERE. CE BEARfNG BEfNG GRID I\O RTIl,
TEXA ~ '1 \ IE PLANE CO( RDINA TES , NORTH CENTRAL ZONE, N,\D83 (CORS96.
EPOCH DA TE 2002), DE 'RMl Nl::D BY GPS OBSERVA T ION S ON J UL IAN DAY 213 ,
2006 CALCULATED FROM ARU GTO N RRP2 CORS AIU' (Pill-OF 387), SAGINAW TX
CORS ARP (PID-DID 149 ) AND DENTON CORS ARP (pm-DIS986) AND BUNG MORE
PARTICULARLY DESCRfI)ED BY METES AND BOU NDS AS FOLLOW S:
COMMENCING AT AN "X" CUT FOUND FOR THE NORTHEAST CORNER OF SAID
"TRACT 1 -PARK" AND THE NORTHWEST COR.1»JER OF SAID "TRACT 2 -MUNICTPAL
AND VlLLAGE CENTER", SAm POfNT AlSO BEING ON THT; SOUTH Lfl E OF A
CALLED 97.5 13 ACRE TRACT CONVEYED TO NORTHWEST INDEPEND ENT SCHOOL
TRACT, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20U4-52884, REAL
PROPERTY RECORDS, DE NT ON COUNT Y, [EXAS;
THE:.lCE, SOUTH 01 DEGREES 14 MINUTES 15 SECO]\;DS WIOST, AlONG THE WEST
LINE OF SAID "TRACT 2 -MUNIClPAL f\ND VILLAGe CIONTER" AND THE COMMON
EAST LINE OF SAID "TRACT I -PARK", A DI STANC E OF 4 1 .05 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGE SS" SET FOR
THE POINT OF BEGIl\'NJNG;
THENCE, OVER AND ACROSS SAID "TRAC T 2-MUNICIPAl AND V[LLAGE CE NTER ",
THE FOLLOWTNG COURSES AND DI STANC ES:
SOUTH 00 DEGREES JO MINUTES 56 SECONDS EAST, A D[ST ANCE OF 378.12
FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" SET FOR COR"ER;
NORTH 89 DEGRE ES 29 'vllNU TES 04 SECONDS EAST, A DIS r ANCE OF 253.92
FEET TO A 5i8 INCH LRON ROD WITH YELLOW PLASTIC CAP STAMPED
"C ARTER BURGESS" SET FOR CORNER;
SOUTH 00 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 560.13
FEET TO A 5/8 INCH IRO N ROD WITH YELLOW PLA STIC CAP STAMPED
"CARTER BURGESS" SET FOR CORNER ON THE SOUTH LINE OF SAID
'TRACT 2-MUNICIPAL AND VlLLAGE CENTER" AND BHNG ON THE
COMMON NORTH LINE OF SAm " TRACT 0";
T ffr."N CE, SOUTH 89 DEGREE S 29 MTh'UTES 04 SECOl\TDS WEST, ALONG THE SOUTH
U NE OF SA m "TRACT 2-MUNIC Il'A.L AND V[LLA GE CEN TER" AND THE COMl\ilON
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ORDINANCE NO. 2010-12
(File 10 2010-215)
NORTH LNE OF SAID "TRACT D", PASSING AT A DISTANCE OF 212.29 FEET A 5/8
fRON ROD WITH CAP STAMPED "CSC" fOUND FOR THE SOUTHWEST CORNER OF
SAID 'TRACT 2-:-vIUN1CIPAL AND VILLAGE CENTER", CONTNUING OVER AND
ACROSS SAID "TRACT D" IN ALL A TOTAL DISTANCE or 36 3.35 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAtvIJ'ED "CARTER BURGESS" SET fOR
CORNER ON A WEST LINE or SAl!) "TRACT D" AND BEING ON THE EAST LINE OF
LOT I, BLOCK I, TROPHY CLUB RECREA nON CENTER, AN ADDITION TO THE
TOWN OF TROPHY CLUB, AS RECORDED ])I CABINET T, PAGE 48, PLAT RECORDS,
DENTO' CO UNTY, TEXAS AND BEING THE BEGJNl';ING OF A NON-TANGEN I
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE or 15 DEGREES 10 MINUTES 26
SECONDS, A RADIUS or 550.00 l'EET AND A LONG CHORD THAT BEARS NORTH 41
DEGREES 33 :v1INUTES II SECONDS EAST, A DISTANCE OF 145 .23 FEET;
THEKCE, ALONG THE WEST LINE OF SAID "TRACT 0" AND THE EAST LINE OF SAID
LOT I, SLOCK I, ALONG SAID NON-TANGENT CURVE TO TI-ffi RiGHT, AN ARC
DISTA~CE OF 145 .6 6 FEET A 5/8 INCH IRON ROD WITH CAP STAMPED "CSC" FOUND
FOR CORNER ON THE WEST LINE OF SAID "TRACT 2-MUNICIPAL AND VILLAGE.
CENTER" AND BEING A SOUTHEAST CORNER OF SAID LOT I, BLOCK I;
THEt-.;CE, NORTH 29 DEGREES 37 MINUTES 12 SECONDS WEST, ALONG TILE WEST
UNE or SAID "TRACT 2 -' MUNICIPAL AND VTI..LAGE CENTER" AND THE EAST UNE
OF SAID LOT I, BLOCK I, A DISTANCE OF 36,96 FEET TO A 5/8 INCH [RON ROD WITH
CAP STAtvIJ'ED "CSC" FOUND FOR THE SOUTlIEAST CORNER OF SAID "TRl\CT 1
PARK.' AND THE COMMON NORTHEAST CORNER OF SAID LOT I, BLOCK I AND
BErNG THE BEGINNING OF A NON-TANGENT CURVE TO THE RiGHT HAVING A
CE0ITRAL ANGLE OF 18 DEGREES 26 MINUTES 20 SECONDS, A RADnJS OF 844.99
FEET, AND A LONG CHORD THAT BEARS SOUTH 81 DEGREES 40 MINUTES 04
SECOl\DS WEST, A DISTANCE OF 270.76 FEET;
THENCE, ALONG THE SOUTH LINE OF SAID "TRACT I -PARK" AND THE COMMON
NORTH UNE OF SALD LOT I, BLOCK I , THE FOLLOWING COURSES Al\D
DISTA"CES:
ALOJ\G SArDNON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
271.93 FEET TO A 5/8 INCH OWN IWD wrrH YELLOW PLASTIC CAP STAlvlPED
"CA RTER BURGESS" SET fOR CORNER;
t\ORTH 89 DEGREES 06 MlN1JTES 47 SECONDS WEST, A DISTANCE OF 568.09
FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"C ARTER BURGESS" SET fOR TILE SOUTHWEST CORNER OF SAID "TRACT 1
PARK", SAID PONT BEING ON THE EAST RJGHT-OF-WAY LINE OF
PARKVIEW ORNE (A 60' RiGHT-OF·WAY), AS RECORDED IN CAI3INET 0 ,
PAGE 263, PLAT RECORDS, DENTON COUNTY, TEXAS AND THE BEGfr-.'NING
OF A NON-TANGENT CURVE TO THE RlGHT HAVING A CENTRAL ANGLE OF
1(, DEGREL::S 13 MINUTES 27 SECONDS, A RADnJS OF 7'15 .63 FEET.
AND A LONG CHORD THAT BEARS NORTH 28 DEGREES 53 MINUTES 04
SECONDS EAST, A DISTANCE OF 2!0.43 FEET;
THEJ\C E , ALONG THE \\"EST LIN E OF SAID "TRACT I-PARK " AND THE COMMON
EAST IU G HT-OF-WAY LINE OF SAID PARKVlEW DRIVE, THE FOLLOWING COURSES
AND DISTANCES:
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ORDINANCE NO. 2010-12
(File 102010-215)
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
2 I 1.IJ rEET TO A 5/8 INCH [RON ROD WITH YELLOW PLASTIC CAP STAMPED
"CARTER BliRGESS" SET FOR CORNER;
"I )RTH )6 DEGREES 59 MINUTES )9 SECONDS EAST, i\ DISTANCE OF 178.40
FE ET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
'C ARTER BURGESS" SET FOR CORNER AND THE BEGINNING OF A TANGENT
C lJRVE TO THE RIGHT HA VING A CENTRAL ANGLE OF )7 DEGREES 0)
\!~UTES 15 SECONDS, A RADIUS OF 270 .00 FEET, AND A LONG CHORD
TfIAT BEARS NORTH 55 DEGREES J I I'vHNUTES 17 SECONDS EAST, A
DI STANCE OF 171.59 FEET;
THENCE, OVER AND ACROSS SAID "TRACT I-PARK ", THE FOLLOWING COURSES
AND DIS r ANCES
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 174.61
FEET TO A 5i8 INCIIIRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" SET FOR CORNER;
NORTH 74 DEGREES 02 MINUTES 54 SECONDS EAST, A DISTANCE OF 8280
FEET TO A 5/8 [NCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"C ARTER BURGESS" SET FOR CORNER AND THE 13EGIJ\'NING OF A TANGENT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 61 DEGREES 32
I\U)iUTES 0) SECONDS, A RADIUS OF )30.00 FEET, AND A LONG CHORD
THAT BEARS NORTH 43 DEGREES 16 MINUTES 5) SECONDS EAST, A
DISTANCE OF )37.62 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 354.41
r 1,1'.'1' TO A 5/8 INCH mON ROD WITH YELLOW PLASTIC CAP STAMPED
·'CARTER BURGESS" SET FOR CORNER;
NORTH 12 DEGRE ES JO MINUTES 51 SECONDS EAST, A DISTANCE OF 179.79
FE ET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"C ARTER BURGESS" SET FOR CORNER;
SOUTH 77 DEGREES 29 MINUTES 09 SECONDS EAST, A DISTANCE OF 156.5)
fEET TO THE PO~T OF BEGlNNING AND CONTAINING 12.900 ACRES OF
LAND, MORE OR LESS.
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ORDINANCE NO . 2010-12
(File ID 2010-215)
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ORDINANCE NO . 2010-12
(File 102010-215)