ORD 2012-38TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-38 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 11.603 ACRE TRACT OF LAND
LOCATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, TOWN OF
TROPHY CLUB, DENTON COUNTY, TEXAS, AND CURRENTLY
ZONED "R-12" -SINGLE FAMILY RESIDENTIAL TO "NS"
NEIGHBORHOOD SERVICES; 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 NS ZONING FOR SUCH 11.603 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 an
approximate 11.603 acre tract of land, 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 NS -Neighborhood
Services. 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; ana
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 an approximate 11.603 acre tract of land
described in Exhibit "A" and Exhibit "8" attached hereto and incorporated
herein, is hereby changed from its current zoning designation of "R-12"
Single Family Residential to a new zoning designation of "NS"
Neighborhood Services and to adopt provisions for "NS" Neighborhood
Services 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
ORO 2012-38 Page 2 of 8
amended to reflect the "NS" Neighborhood Services 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.
ORO 2012-38 Page 3 of 8
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 10 th day of December, 2012.
/Connie White, Mayor
Town of Trophy Club, Texas
ATrEST:
nnon DePr r, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORD 2012-38 Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
11.603 Acres
Being all that certain lot, tract or parcel of land situated in the Jessie Eads Survey,
Abstract Number 392, Town of Trophy Club, Denton County, Texas, and being part of
that certain called 11.80 acre tract of land described in deed to First Baptist Church of
Trophy Club, recorded in Volume 1966, Page 467 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8" rebar found at the southwest corner of said 11.80 acre tract and
being the most southerly southeast corner of that certain called 144.945 acre tract of
land described in deed to Trophy Lake, Ltd., recorded in Document Number 1996
35005 of the Real Property Records of Denton County, Texas, and being the southeast
corner of Lot 7, Block 18, Lakes of Trophy Club, Phase 1, an addition to the Town of
Trophy Club, Denton County, Texas, according to the plat thereof recorded in Cabinet
N, Page 95 of the Plat Records of Denton County, Texas, and being on the north line of
Village Trail, having a 60' right-of-way as shown on the Amended Plat of Village West,
Section A, an addition to the Town of Trophy Club, Denton County, Texas, according to
the plat thereof recorded in Cabinet C, Page 171 of the Plat Records of Denton County,
Texas;
THENCE N 09°25'45" E, 611.54 feet with the west line of said 11.80 acre tract and the
southerly east line of said 144.945 acre tract and the west line of Lot 1-7, Block A, to a
5/8" capped rebar found (Carter & Burgess) at the northwest corner of said 11.80 acre
tract and the northeast corner of said Lot 1 and being an angle point in the south line of
Lot A, Block 18 of said Lakes of Trophy Club, Phase 1;
THENCE S 80°34'15" E, 755.36 feet with the north line of said 11.80 acre tract, said line
being the common line between said 11.80 acre tract and said 144.945 acre tract to a
1/211 capped rebar set (G&A) at the northeast corner of said 11.80 acre tract and being
the easterly southeast corner of said 144.945 acre tract and being on the arc of a curve
left;
THENCE with the east line of said 11.80 acre tract and the arc of a curve to the left
having a radius of 874.70 feet, a central angle of 29°15'19" and an arc length of 446.62
feet, whose chord bears S 10°50'20" W. 441.79 feet, passing the northwest corner of
Trophy Club Drive, having an 80' right-of-way as shown on the aforementioned plat of
Village West, Section A, continuing to a 5/8" capped rebar found (Teague, Nail &
Perkins) at the north corner of that certain called 0.206 acre tract of land described in
deed to the Town of Trophy Club, Texas, recorded in Instrument Number 2012-43235 of
the Real Property Records of Denton County, Texas;
ORO 2012-38 Page 5 of 8
THENCE S 00°47'55" E, 108.21 feet with the west line of said 0.206 acre tract and the
west line of said Trophy Club Drive to a 1/2" capped rebar set (G&A) at the beginning of
a curve to the right;
THENCE with the west line of said 0.206 acre tract and the west line said Trophy Club
Drive and the arc of a curve to the right having a radius of 59.50 feet, a central angle of
42°38'42" and an arc length of 44.30 feet whose chord bears S 20°31'56" W, 43.29 feet
to a 5/8" capped rebar found (Teague, Nail & Perkins) at the beginning of a curve to the
left;
THENCE with the west line of said 0.206 acre tract and the west line said Trophy Club
Drive and the arc of a curve to the left having a radius of 125.50 feet, a central angle of
30°51'51" and an arc length of 67.60 feet whose chord bears S 26°25'52" W, 66.79 feet
to a 5/8" capped rebar found (Teague, Nail & Perkins) at the beginning of a curve to the
right;
THENCE with the west line of said 0.206 acre tract and the west line said Trophy Club
Drive and the arc of a curve to the right having a radius of 114.50 feet, a central angle of
06°28'07" and an arc length of 12.93 feet whose chord bears S 14°14'02" W, 12.92 feet
to a 5/8" capped rebar found (Teague, Nail & Perkins) at the beginning of a cllrve to the
right;
THENCE with the west line of said 0.206 acre tract and the west line said Trophy Club
Drive and the arc of a curve to the right having a radius of 129.50 feet, a central angle of
35°53'59" and an arc length of 80.14 feet whose chord bears S 35°25'08" W, 79.82 feet
to a 5/8" capped rebar found (Teague, Nail & Perkins) on the northerly line of Trophy
Lake Drive (variable width right-of-way);
THENCE S 53°18'34" W, 72.10 feet with the westerly line of said 0.206 acre tract and
the northerly line of said Trophy Lake Drive to a 5/8" capped rebar found (Teague, Nail
& Perkins) at the east end of a corner clip;
THENCE N 84°40'18" W, 22.28 feet with the northerly line of said 0.206 acre tract and
the northerly line of said Trophy Lake Drive to a 5/8" capped rebar found (Teague, Nail
& Perkins) at the northwest corner of said 0.206 acre tract and being on the northerly
line of the aforementioned Village Trail and the south line of said 11.80 acre tract;
THENCE N 42°39'15" W, 11.54 feet with the northerly line of said Village Trail and the
southerly line of said 11.80 acre tract to a 1/2" capped rebar set (G&A) at the beginning
of a curve to the left;
THENCE with the northerly line of said Village Trail and the southerly line of said 11.80
acre tract with the arc of a curve to the left having a radius of 595.42 feet, a central
angle of 28°46'00" and an arc length of 298.94 feet, whose chord bears N 57°02'15" W,
295.81 feet to a 1/2" capped rebar set (G&A);
ORD 2012-38 Page 6 of 8
THENCE N 71°25'15" W, 351.74 feet, continuing with the northerly line of said Village
Trail and the southerly line of said 11.80 acre tract, to the POINT OF BEGINNING and
containing approximately 11.603 acres of land.
ORD 2012-38 Page 7 of 8
EXHIBIT B
ZONING EXHIBIT
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ORD 2012-38 Page 8 of 8