ORD 1994-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. c 4 - 1 7
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME
BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING FROM R-15 SINGLE FAMILY
RESIDENTIAL DISTRICT AND R-12 SINGLE FAMILY RESIDENTIAL
DISTRICT TO "CR" COMMERCIAL RECREATION DISTRICT FOR
GOLF COURSE PURPOSES ON CERTAIN TRACTS OF LAND BEING
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND BEING GENERALLY DESCRIBED AS FOLLOWS: (1) TRACT 1,
BEING A TRACT OF LAND OUT OF THE R.W. ALLEN SURVEY,
ABSTRACT NO. 5, THE R. ALLEN SURVEY, ABSTRACT NO. 17, THE
J. HENRY SURVEY, ABSTRACT NO. 529, THE J.R. MICHAEL
SURVEY, ABSTRACT NO. 820 AND THE W. MEDLIN SURVEY,
ABSTRACT NO.,, 829, AND COMPRISING 82.7730 ACRES, AND (2)
TRACT 2, BEING A TRACT OF LAND OUT OF THE J.R. MICHAEL
SURVEY, ABSTRACT NO. 820 AND THE MARY MEDLIN SURVEY,
ABSTRACT NO. 832, AND COMPRISING 25.2886 ACRES; PROVIDING
THAT SUCH TRACTS OF LAND SHALL BE USED IN ACCORDANCE
WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING
ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE
TOWN; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND
THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION HEREOF
AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the tracts of land (together, the "Land") described in
Exhibit "A" attached hereto and incorporated herein filed an application with the Town
requesting the rezoning of the Land in accordance with Ordinance No. 94-09 of the Town
(the "Comprehensive Zoning Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came on before the Planning and Zoning Commission and
Town Council; and
WHEREAS, the Town Council, at a public hearing held jointly with the Planning and
Zoning Commission, had an opportunity to consider the following factors in making a
determination as to whether the requested changes should be granted or denied: effect on
the congestion in the streets, the fire hazards and other dangers possibly present and the
DOC #: 204637 -1-
securing of safety from same, the effect on the promotion of health and the general welfare,
effect on adequate light and air, the effect on the transportation, water, sewerage, schools,
parks and other public facilities; and
WHEREAS, the Town Council further considered among other things the character
of the districts and their peculiar suitability for particular uses, with a view of conserving the
value of buildings and 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 Town Council does find that there is a public necessity for the
zoning changes, that the public demands them, and that the public interest clearly requires
the amendments; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the said public
hearing 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Inco oration of Preamble. That the above and foregoing preamble is
true and correct and is incorporated into the body of this Ordinance as if copied herein in
its entirety.
Section 2. Amendments. Ordinance No. 94-09 of the Town, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars,
and that all other sections, subsections, paragraphs, sentences, phrases and words of the
Comprehensive Zoning Ordinance are not amended but are hereby ratified, verified,
approved and affirmed:
A. The zoning on the tracts of land (the "Land") described in Exhibit "A' attached
hereto and incorporated herein for all purposes, and which tracts are further depicted on
the map attached hereto as Exhibit "B" and incorporated herein, is hereby changed from R-
15 Single Family Residential District and R-12 Single Family Residential District to "CR"
Commercial Recreation District for golf course purposes in accordance with the Zoning
Exhibit (attached hereto as Exhibit "C" and incorporated herein) and Site Plan (attached
hereto as Exhibit "D" and incorporated herein) for the Land.
Section 3. Conformance with Comprehensive Zoning Ordinance. The rezoning on
the Land approved hereby shall be in accordance with the standards, conditions and
DOC #: 204637 -2-
regulations of the "CR" Commercial Recreation District, with all other parts of the
Comprehensive Zoning Ordinance, with this Ordinance, and with all applicable ordinances,
rules and regulations of the Town. The Land shall be used and developed in accordance
and conformity with the regulations of the applicable zoning district shown above.
Section 4. Zoning Map. The Town Secretary is hereby directed to mark and indicate
on the official Zoning District Map of the Town to reflect the zoning changes herein made.
Section S. Other Town Ordinances. In all other respects the use of the lands
hereinabove described shall be subject to all applicable regulations contained in the
Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the
Town.
Section b. Purpose. The zoning regulations and districts as herein established have
been made in accordance with the Comprehensive Plan of the Town for the purpose of
promoting the health, safety and welfare of the community. They have been made with
consideration of the reasonable suitability for the particular uses and with a view of
conserving the value of buildings and encouraging the most appropriate use of land
throughout the community.
Section 7. Savings; Repealer. This Ordinance shall be cumulative of all other
ordinances of the Town affecting zoning and shall not repeal any of the provisions of those
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance.
Section S. Pei,alty. 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 more than Two Thousand Dollars {$2,000.00}
for each offense, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Section 9. Severabili . 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.
Section 10. Effective Date. This Ordinance shall become effective from and after
its date of adoption and publication as provided by law.
PASSED ANIS APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 18thday of _ October , 1994.
s -
ayor, Town of Trophy iub, Texas
DOC #. 204637 -3-
ATTEST:
Town Secretary,
Tov,gi of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
kney,
Town of Trophy Club, Texas
DOC #: 204637 -4-
SEP -29-1994 15:50 COWLES & THOMPSON 214 670 1100 P.03/03
NOTICE OF A JOINT PUBLIC HEARING OF THE PLANNING AND
ZONING COMMISSION AND TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS CONCERNING AMENDING THE TOWN'S ZONING
DISTRICT MAP BY THE REZONING OF CERTAIN REAL PROPERTY
DESCRIBED HEREIN PURSUANT TO THE TOWN'S COMPREHENSIVE
PIAN AND COMPREHENSIVE ZONING ORDINANCE.
TO ALL CITIZENS, PROPERTY OWNERS, AND TAXPAYERS OF THE TOWN OF
TROPHY CLUB, TEXAS:
On the 18th day of October, 1994, at 7:00 P.M., there will be held a joint public hearing
of the Planning and Zoning Commission and Town Council of the Town of Trophy Club, Texas,
at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas 76262, for the
purpose of considering an amendment to the Town's Zoning District Map which would, if
adopted, rezone certain land within the Town as hereinafter described, in accordance with the (i)
the Comprehensive Plan 1992 for the Town of Trophy Club as adopted by Ordinance No. 92-17
(the "Comprehensive Plan"), and (ii) the Town's Comprehensive Zoning Ordinance, Ordinance
No. 94-09 (the "Comprehensive Zoning Ordinance"), as amended.
The tracts of land (the "Land") described on Exhibit "A" attached hereto and incorporated
herein will be considered at the public hearing for rezoning from R-12 Single Family Residential
District to CR. Commercial Recreation District for use as a golf course.
The joint public hearing, as previously noted, will begin on October 18, 1994 and may be
continued thereafter from day to day as required.
A map showing the Land to be rezoned, the Zoning District Map, the Town's
Comprehensive Plan 1992, and the Comprehensive Zoning Ordinance, are all available for review
at the office of Ms. Pauline Shaw, Town Planning and Zoning Administrator, 100 Municipal Drive,
Trophy Club, Texas and a copy of each document may be purchased at the same office.
All property owners, taxpayers and citizens will be given an opportunity during the public
hearing to express their opinions and views relative to the proposed amendments to the Zoning
District Map. After all parties have been given an opportunity to speak, the public hearing will
be closed and the two bodies will deliberate the pending matter. It is anticipated that the Und
will be included in one or more ordinances that will amend the Zoning District Map by rezoning
the Land, and will incorporate all of the provisions of the Comprehensive Zoning Ordinance.
Please contact the undersigned concerning any questions at the Town Hall, 100 Municipal
Drive, Trophy Club, Texas 76262, (817) 491-9693.
GIVEN UNDER MY HAND AND SEAL of Office this the 0 O_ day of September, 1994.
C�
[SEAL] PAULINE SHAW, Planning and
Zoning Administrator
Town of Trophy Club, Texas
DOC A': 201646
TOTRL P.03
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LEGAL DESCRIPTION
TRACT ONE
82.7730 ACRES
BEING a tract of land out of R.W. ALLEN SURVEY, Abstract No. 5, the R. ALLEN SURVEY, Abstract
No. 17, the J. HENRY SURVEY, Abstract No. 529, the J.R. MICHAEL SURVEY, Abstract No. 820 and
the W. MEDLIN SURVEY, Abstract No. 829, and being a part of a 426.8256 acre tract of land
described as Tract 11 and a 97.4335 acre tract of land described as Tract 8C in deed to Beck
Properties, Inc., recorded in Denton County Clerk's File No. 93-80087509 of the Real Property Records
of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 112" iron rod found for the northeast corner of the QUORUM CONDOMINIUMS, an
addition to the Town of Trophy Club, Texas according to the plat thereof recorded in the Plat Records
of Denton County, Texas;
THENCE the following courses and distances to wit;
North 80129'07" East, a distance of 411 .01 feet to an 518" iron rod found for corner;
North 51 °03'00" East, a distance of 350.00 feet to an 518" iron rod found for corner;
EAST, a distance of 162,92 feet to an 518" iron rod found for corner;
North 03145'00" West, a distance of 730.69 feet to an 5/8" iron rod found for corner;
North 20140'39" West, a distance of 489.09 feet to an 518" iron rod found for corner;
North 66°31'28" West, a distance of 283.20 feet to an 518" iron rod found for corner;
North 24°23'13" West, a distance of 186.01 feet to an 518" iron rod found for corner;
North 29°21'33" East, a distance of 460.00 feet to an 518" iron rod found for corner;
North 38151'33" East, a distance of 630.00 feet to an 518" iron rod found for corner;
North 62°51'33" East, a distance of 480.00 feet to an 518" iron rod found for corner;
EAST, a distance of 544.75 feet to an 518" iron rod found for corner;
North 66106'42" East, a distance of 281.03 feet to an 5/8" iron rod found for corner;
South 83146'27" East, a distance of 553.26 feet to an 518" iron rod found for corner;
South 60°15'18" East, a distance of 403.11 feet to an 518" iron rod found for corner;
North 82159'01" East, a distance of 327.45 feet to an 518" iron rod found for corner;
South 10°53'0$" East, a distance of 397.15 feet to an 518" iron rod found for corner;
South 68°11'55" West, a distance of 80.78 feet to an 518" iron rod found for corner;
South 77142'17" West, a distance of 399.16 feet to an 518" iron rod found for corner;
South 36009'29" West, a distance of 322.02 feet to an 518" iron rod found for corner;
South 11 118'36" West, a distance of 254.95 feet to an 518" iron rod found for corner;
South 48034'35" West, a distance of 226.72 feet to an 518" iron rod found for corner;
South 28°04'21' West, a distance of 340.00 feet to an 518" iron rod found for corner;
South 38139'35" East, a distance of 192.09 feet to an 518" iron rod found for corner;
South 05130'00" East, a distance of 115.00 feet to an 518" iron rod found for corner;
South 661100'00" East, a distance of 227.55 feet to an 518" iron rod found for corner;
North 78129'10" East, a distance of 275.54 feet to an 518" iron rod found for corner;
EAST, a distance of 415.00 feet to an 518" iron rod found for corner;
South 60°31'45" East, a distance of 349.34 feet to an 518" iron rod found for corner;
South 14050'00" East, a distance of 180.07 feet to an 5/8" iron rod found for corner;
South 75 ° 1 0'00" East, a distance of 180.07 feet to an 518" iron rod found in a west line of
a tract of land described as Tract E-401 A in deed to the United States of America, recorded
in the Real Property Records of Denton County, Texas;
THENCE with said west line, South 14150'00" East, a distance of 350.00 feet to a concrete
monument, stamped E-1 17, found for corner,
THENCE with the boundary lines of Tract E-401 A, the following courses and distances to wit:
North 791)17'00" West, a distance of 1581.90 feet to an 518" iron rod found for corner;
South 68123'00" West, a distance of 380.90 feet to a concrete monument, stamped E-115,
found for corner;
South 01 110'00" West, a distance of 341.70 feet to a concrete monument, stamped E-1 14,
found for corner;
THENCE leaving the said boundary line of Tract E-401 A, the following courses and distances to wit:
South 57015'00" West, a distance of 640.00 feet to a 518" iron rod found for corner;
North 32145'00" West, a distance of 120.00 feet to a 518" iron rod found for corner;
North 57115'00" East, a distance of 30.00 feet to a 518" iron rod found for corner;
North 32°45'00" West, a distance of 150.00 feet to a 518" iron rod found for corner;
North 25°55'29" East, a distance of 545.00 feet to a 518" iron rod found for corner;
North 68123'00" East, a distance of 761 .80 feet to a 518" iron rod found for corner;
North 05130'00" West, a distance of 176.64 feet to a 518" iron rod found for corner;
North 84°30'00" East, a distance of 100.00 feet to a 518" iron rod found for corner;
North 05130'00" West, a distance of 50.00 feet to a 518" iron rod found for corner;
South 84130'00" West, a distance of 100.00 feet to a 518" iron rod found for corner;
North 05130'00" West, a distance of 73.36 feet to a 518" iron rod found for corner;
North 80°35'50" West, a distance of 320.79 feet to a 518" iron rod found for corner;
North 04°36'14" East, a distance of 496.66 feet to a 518" iron rod found for corner;
North 36°52'12" East, a distance of 1000.00 feet to a 518" iron rod found for corner;
North 27028'28" West, a distance of 140.89 feet to a 518" iron rod found for corner;
West, a distance of 950.00 feet to a 518" iron rod found for corner;
North, a distance of 250.00 feet to a 518" iron rod found for corner;
West, a distance of 50.00 feet to a 518" iron rod found for corner;
South, a distance of 250.00 feet to a 518" iron rod found for corner;
West, a distance of 120.00 feet to a 518" iron rod found for corner;
South 62°51'33" West, a distance of 403.61 feet to a 518" iron rod found for comer;
South 14150'47" West, a distance of 247.59 feet to a 518" iron rod found for corner;
South 58012135" West, a distance of 300.17 feet to a 518" iron rod found for corner;
South 88°11'29" West, a distance of 80.62 feet to a 518" iron rod found for corner;
South 27°56'11" West, a distance of 362.22 feet to a 518" iron rod found for corner;
South 68124'14" East, a distance of 297.32 feet to a 518" iron rod found for corner;
South 20°40'39" East, a distance of 601.04 feet to a 518" iron rod found for corner;
South 03°45'00" East, a distance of 640.00 feet to a 518" iron rod found for corner;
South 32145'00" East, a distance of 610.00 feet to a 518" iron rod found for corner;
North 57115'00" East, a distance of 30.00 feet to a 518" iron rod found for corner;
South 32°45'00" East, a distance of 120.00 feet to a 518" iron rod found for corner;
South 57°15'00" West, a distance of 177.53 feet to a 518" iron rod found in a north line of
a 294.7047 acre tract of land described in deed to Cobblestone Texas, Inc., recorded in
Denton County Clerk's File No. 93-0087511 of the Real Property Records of Denton County,
Texas;
THENCE with the northerly lines of said 294.7047 acre tract the following courses and distances to
wit:
North 84132'55" West, a distance of 187.65 feet to a 518" iron rod found for corner;
North 44114'24" West, a distance of 498.37 feet to a 518" iron rod found for corner;
North 77°56'00" West, a distance of 110.00 feet to a 518" iron rod found for corner;
South 51 °03'00" West, a distance of 120.90 feet to a 518" iron rod found for corner;
South 62148'00" West, a distance of 122.55 feet to a 518" iron rod found for corner;
South 83°48'05" West, a distance of 654.34 feet to a 518" iron rod found for corner;
North 34138'44" East, a distance of 116.35 feet to the POINT OF BEGINNING and containing
82.7730 acres of land.
TRACT TWO
25.2886 ACRES
BEING a tract of land out of J.R. MICHAEL SURVEY, Abstract No. 820, and the MARY MEDLIN
SURVEY, Abstract No. 832, and being a part of a 426.8256 acre tract of land described as Tract 11
in deed to Beck Properties, Inc., recorded in Denton County Clerk's File No. 93-R0087509 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a concrete monument found, stamped E-108 in the south fine of a tract of land
described as Tract E-401 A, conveyed to the United States of America as recorded in the Real Property
Records of Denton County, Texas said monument being in a north line of the beforementioned
426.8256 acre tract;
THENCE with the said south line of Tract E-401 A the following courses and distances to wit;
North 04°35'00" West, a distance of 234.00 feet to a concrete monument, stamped E-107,
found for corner;
North 86°32'00" East, a distance of 306.50 feet to a concrete monument, stamped E-106,
found for corner;
North 66124'00" East, a distance of 877.40 feet to a concrete monument, stamped E-105,
found for corner;
South 02054'00" West, a distance of 224.00 feet to a concrete monument, stamped E-104,
found for corner;
South 40100'07" East, a distance of 542.27 feet to a concrete monument, stamped E-1 03,
found for corner;
North 19020'05" East, a distance of 250.37 feet to a concrete monument, stamped E-102,
found in a north line of a 294.7047 acre tract of land described in deed to Cobblestone Texas,
Inc., recorded in Denton County Clerk's File No. 93-R008751 1 of the Real Property Records
of Denton County, Texas;
THENCE leaving the south line of said Tract E-401 A and with said north line, the following courses and
distances to wit;
South 16010'12" West, a distance of 259.57 feet to a 518" iron rod found with a yellow
plastic cap stamped "NELSON CORP." (herein after called 518" iron rod found);
South 24142'38" West, a distance of 175.92 feet to a 518" iron rod found for corner;
South 36141'48" West, a distance of 740.36 feet to a 518" iron rod found for corner;
North 671)05'09" West, a distance of 432.42 feet to a 518" iron rod found in a easterly line
of said 97.4336 acre tract;
THENCE with the easterly line of said 96.4336 acre tract the following courses and distances to wit:
North, a distance of 281.61 feet to a 518" iron rod found for corner;
North 61105'17" West, a distance of 661.89 feet to a 518" iron set in a south line of said
Tract E-401 A;
THENCE with the said south line, North 581148'00" East, a distance of 63.76 feet to the POINT OF
BEGINNING and containing 25.2886 acres of land.
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