ORD 2013-21OTZ y • i
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 (the "Land"), collectively described as
a 5.596 acre tract of land currently zoned Planned Development No. 26 "PD -26", such
Land being more specifically described in Exhibit "A" attached hereto and incorporated
herein, filed an application with the Town Community Development Department
requesting a change in zoning of the Land into PD Planned Development No. 33 "PD -
33". Such application further requested an amendment to the official Zoning District
Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the
"Comprehensive Zoning Ordinance"); and
WHEREAS, upon performing the survey of the boundaries of the existing PD -26,
a 5.601 acre tract of land, for the purpose of providing a legal description for this
application to rezone PD -26 to PD -33, it was determined that PD -26 is actually a 5.596
acre tract of land; and
WHEREAS, this rezoning request to create PD -33 is a request to rezone the
entire boundaries of PD -26; 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 denial of
the amendments to Comprehensive Zoning Ordinance No. 2000-06 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 proposed change is consistent with the intent of the
Comprehensive Land Use Plan which addresses the appropriateness of the location of
high density residential uses near the periphery of neighborhoods and on collector
streets; and
WHEREAS, the Town Council has determined that the change in zoning from
PD -26 to PD -33 is necessary and appropriate for the orderly development of land and
serves the interests of the public health safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTIOM 1.
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
•
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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
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being
the Town's Comprehensive Zoning Ordinance, is hereby amended in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases
and words are not amended but are hereby ratified and affirmed:
A. The zoning on the Land, more particularly described in Exhibit "A", attached
hereto and incorporated herein, is hereby changed from "PD -26" Planned
Development No. 26, Trophy Club Physician's Hospital, to PD Planned
Development District No. 33 for single family residential, consisting of
approximately 5.596 acres of land, for use in accordance with the requirements
of this Ordinance and all other applicable ordinances, rules, and regulations of
the Town. Requirements of this Ordinance are more specifically described and
set forth in Exhibits "A", "B", and "C", which are attached hereto and
incorporated herein for all purposes. In the event of any ambiguities or conflicts
between the written word in the Development Standards and the illustrations
provided in the Exhibits to this ordinance, the Exhibits shall control.
1 Concept Plan. A concept plan for the Land, and all parts thereof, is
attached hereto as Exhibit "B", "Concept Plan" and incorporated herein
as if copied in its entirety. Such Concept Plan shall be adhered to in
carrying out the development of the land in accordance with this
Ordinance, and compliance with each and every part of such plan shall
constitute a condition precedent to the issuance of any building permit for
the land in this PD Planned Development District.
2. Development Standards. The development standards for this PD Planned
Development are attached hereto as Exhibit "C", "Development
Standards", and are incorporated herein as if copied in their entirety.
Such standards and regulations include, but are not limited to, a purpose,
development standards, uses; area and building regulations; parking
regulations; building materials, construction regulation; driveways and
walkways; special paving; fences, walls, retaining walls, guard gates;
landscaping; utilities; signs; mailboxes and address plaques; exterior
lighting; common areas; property owners association guidelines; and
preliminary and final plat review. Such Development Standards shall be
adhered to in carrying out the development of the land in accordance with
this Ordinance, and shall individually and collectively constitute conditions
precedent to the granting of any Final Inspection for all structures within
PD Planned Development No. 33.
3. Additional Exhibits. Attached hereto and incorporated herein is Exhibit
"U", "Building Pad Layout", Exhibit "E" "Entry Monument, Screening
and Landscaping Plan", and Exhibit "F" "Streetscape Concept"
which shall be adhered to in the development of the Land. Such
standards shall be adhered to in carrying out the development of the land
in accordance with this Ordinance, and shall individually and collectively
constitute conditions precedent to the granting of any Final Inspection for
all structures within PD Planned Development No. 33.
SECTION 4. WIN
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In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town.
1111PUL" 0
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The Official Zoning Map of the Town shall be amended to reflect the zoning
change herein made.
SECTION 6.
CUMULATIVE
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the zoning, platting, and subdivision of land which have
secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
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 this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
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 hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town's Home Rule Charter.
SECTION 12.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19TH day of AUGUST, 2013.
ATTI=-(ZT-
U Connie ay6r White
Town of Trophy Club, Texas
[SEAL]
C V -T �F'0"
Patricia A. Adams
Town Attorney
IWyI1:311r-1
TRACT 1 (Fee Simple)
BEING Lot 4, Block B of Trophy Wood Business Center, an Addition to the City of
Trophy Club, Denton and Tarrant Counties, Texas according to the plat thereof
recorded in Cabinet V, Page 295, Plat Records of Denton County, Texas, said addition
now located entirely within Tarrant County, Texas as evidenced by Judgment recorded
in cc# D205189519, Real Property Records of Tarrant County, Texas and Filed Notes
recorded in cc#D205189520, Real Property Records of Tarrant County, Texas. Said
Judgment and Field Notes also recorded in Denton County, Texas, respectively, in cc#
2005-80232 and cc# 2005-80233, Real Property Records of Denton County, Texas.
Said Lot 4 being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with cap found for the southwest corner of said Lot 4
and being located in the southeast line of Trophy Wood Drive (80' wide) and being the
located in a curve to the left having a radius of 890.00 feet and a chord bearing of North
22041'34" East;
THENCE along said southeast line with said curve to the left through a central angle of
07044'01" for an arc length of 120.13 feet to an "x" in concrete found for corner;
THENCE continuing with said southeast line, NORTH 18049'33" EAST a distance of
178.41 feet to an "x" in concrete found for the beginning of a curve to the right having a
radius of 460.00 feet and a chord bearing of North 21051'34" East;
THENCE continuing with said southeast line and said curve to the right through a
central angle of 06°04'02" for an arc length of 48.71 feet to an "x" in concrete found for
corner;
THENCE continuing with said southeast line, NORTH 24053'35" EAST a distance of
23.20 feet to an "x" in concrete found for the northwest corner of said Lot 4 and being
the beginning of a non -tangent curve to the left having a radius of 1,010.00 feet and a
chord bearing of South 70001'12" East;
THENCE departing the southeast line of said Trophy Wood Drive with the north line of
said Lot 4 and said nontangent curve to the left through a central angle of 41 °19'23" for
an arc length of 728.44 feet to an iron rod with cap found for the northeast corner of said
Lot 4 and being located in the west line of East T.W. King Road (variable width);
THENCE along said west line, SOUTH 00°17'02" WEST a distance of 186.11 feet to a
5/8 inch iron rod set for the northeast corner of Lot 5 of said Trophy Wood Business
Center Addition;
THENCE departing the west line of said East T.W. King Road, NORTH 89'42'58"
WEST a distance of 136.00 feet to an iron rod with cap found for the northwest corner of
said Lot 5;
THENCE SOUTH 00024'51" WEST a distance of 98.00 feet to an iron rod with cap
found for the southwest corner of said Lot 5 and being the southerly southeast corner of
said Lot 4;
THENCE along the south line of said Lot 4, NORTH 89035'09" WEST a distance of
348.78 feet to an iron rod with cap found for corner;
THENCE continuing with said south line, NORTH 60027'51" WEST a distance of 362.31
feet to the POINT OF BEGINNING; CONTAINING 5.596 acres or 243,757 square feet
of land more or less all according to that survey prepared by A.J. Bedford Group, Inc..
TRACT 2: (Non-exclusive Easement Estate)
Non-exclusive easements for vehicular and pedestrian ingress and egress contained in
Access Easement and Form 5017448-A (2/1/10) Page 5 of 14 T-7: Commitment for
Title Insurance (Rev. 2-1-10) Agreement executed by and between Oakmont
Enterprises, Inc., and Highway 114 Prospect, Ltd., dated December 6, 2002, filed for
record on December 9, 2002 and recorded in Volume 5228, Page 3916, Real Property
Records, Denton County, Texas.