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ORD 1988-11TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 88-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING ZONING PURSUANT TO ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING APPROXIMATELY 195.138 ACRES OF LAND, AND BEING DESCRIBED IN TWO PARTS AS FOLLOWS: A 178.769 ACRE TRACT SITUATED IN THE J. EADS SURVEY, ABSTRACT N0, 392, DENTON COUNTY, TEXAS AND A 16.369 ACRE TRACT SITUATED IN THE J. EADS SURVEY ABSTRACT NO. 392 AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, DENTON COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID ZONING BEING R-12 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING THAT THE USE AND DEVELOPMENT OF THE LAND SHALL BE IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES, LAWS AND REGULATIONS OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT R-12 SINGLE FAMILY RESIDENTIAL DISTRICT FOR THE SUBJECT PROPERTY; PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST AND GENERAL WELFARE DEMAND THE ZONING HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.40) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council and Planning and Zoning Commission of the Town of Trophy Club, Texas (the "Town"), having given public notice and having held a public hearing in accordance with State law and all other legal requirements, conditions and prerequisites having been complied with, adopted the text of the Comprehensive Zoning Ordinance of the Town, being Town Ordinance No. 87-23; and WHEREAS, notice of the date, time and place to conduct a public hearing on the proposed Zoning Map of the Town was given personally to each owner of real property within the Town by mailing such information, along with a copy of the proposed Zoning Map, to the address of each such property owner as shown on the most recent approved ad valorem tax roll of the Town, said personal notice being provided in accordance with State 1 aw ; and WHEREAS, notice of the date, time and place of the public hearing on the Zoning Map was also published in the official Town newspaper in accordance with State law; and WHEREAS, the said notices provided that a public hearing to consider zoning of all real property within the Town, exclusive of an area submitted for planned development zoning owned by Independent American Development (Phase II) Corporation and containing approximately 991 acres of land (the "Independent American Planned Development"), was to be held on Monday, September 21, 1987, beginning at 7:00 o'clock p.m. at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, and that the said public hearing would be continued to October 5, 1987, beginning at 7:00 o'clock p.m., at the said Municipal Utility District Building to consider the proposed Independent American Planned Development; and WHEREAS, on September 21, 1987 and at the time and place stated in the personal and published notices, the Town Council and Planning and Zoning Commission opened the public hearing to consider the Zoning Map and the zoning of all real property within the Town, exclusive of the Independent American Planned Development, and continued the said public hearing until October 12, 1987 at 7:00 o'clock p,m. at the said Municipal Utility District Building; and WHEREAS, on October 12, 1987, the said Public Hearing was continued, during which Public Hearing it was discussed that the owner of the 195.138 acre tract of land made the subject of this Ordinance (the "Property"), desired to proposed planned development zoning on the Property, and the Public Hearing on the Property was then continued until January 21, 1988 at 7:00 o'clock p.m, at the said Municipal Utility District Building, and again continued on that date until April 25, 1988, at the same time and location, and continued again on that date until May 23, 1988, at the same time and location, on which date the Public Hearing was completed and closed; and WHEREAS, the said personal and published notices state in part that, "in reviewing the zoning on each tract of land within the Town, the Planning and Zoning Commission may recommend and the Town Council shall have the discretion to consider zoning any tract of land within the Town according to any Zoning District outlined in the proposed Comprehensive Zoning Ordinance"; and WHEREAS, the Comprehensive Zoning Ordinance text, adopted on September 21, 1987, provides in Section 12 thereof for R-12 Single Family Residential District Zoning; and 0 1 4 3 ,'2._.. WHEREAS, application was made to adopt zoning regulations for the hereinafter described property located in the Town of Trophy Club, Texas, by making application for the same with the Planning and Zoning Commission of the Town of Trophy Club, Texas, as required by State statutes and the ordinances of the Town, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the Town Council of the Town of Trophy Club, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, at a public hearing called by the Town Council did consider the following factors in making a determination as to whether the requested zoning should be granted or denied: safety of the motoring public and pedestrians; safety from fire hazards and measures for fire control; protection of property from flood or water damage; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on the character of the Town of Trophy Club; location, lighting and types of signs and relation of signs to traffic control and property; street size and adequacy of parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the Town Council further considered among other things the character of the zoning and its peculiar suitability for particular uses, with a view to conserve the value of buildings and encourage the most appropriate use of land throughout the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, does find that there is a public necessity for the zoning, that the public demands it, and that the public interest clearly requires the zoning; and, WHEREAS, the Town Council of the Town of Trophy Club, Texas, does find that the zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; 0 1 4 a j -3- Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section. 2. That the allowed use of a tract of land containing approximately 195,1.38 acres and being generally described in two parts as follows: a 178.769 acre tract situated in the J. Eads Survey, Abstract No. 392, Denton County, Texas, and a 16.369 acre tract situated in the J. Eads Survey, Abstract No. 392 and the W. Medlin Survey, Abstract No. 829, Denton County, Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, shall be and hereby is zoned R-12 Bingle Family Residential District for detached single family residential dwellings according to the standards and requirements set forth in this Ordinance, the Comprehensive Zoning Ordinance and other applicable ordinances, laws and regulations of the Town. Section 3. That the development of the herein described property shall be developed in accordance with all R-12 Single Family Residential District regulations as provided by the Comprehensive Zoning Ordinance, Ordinance No. 87-23. Section 4. The Town Secretary is hereby directed to mark and indicate on the official Zoning District Map of the Town of Trophy Club, Texas, to reflect the zoning made herein. Section 5. That in all other respects the use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the Town of Trophy Club, Texas. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development 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. 0 f 4 3 j -4- Section 7, This Ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 8. That the term and provisions of this Ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract of land described herein. The Town Council is authorized and empowered to conduct joint public hearings with the Planning and Zoning Commission regarding the Comprehensive Zoning Ordinance and Zoning Map and all such public hearings heretofore conducted are hereby ratified, approved and affirmed. Section 9, Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed 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 14. That this Ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the'23N day of May, 1988. 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Eads Survey, Abstract 392, Denton County, Texas, and being a portion of a 475.488 acre tract as f iled in Volume 512, Page 530, of the Deed Records of Denton County, Teras, and being more particularly described as follows: COMMENCING at an iron rod found which is at the intersection of the West R.O.W. of Trophy Lake Drive, and the North R.O.W. of Village Trail said point also being in the Northerly line of Village West Section "A", as f it ed in Cabinet "C", Page 171, of the Deed Records of Denton County, Teyas; '. UE24CE, Along said North R.O.W. of Village Trail as follows: tJ 420 07' 00" W, leaving Trophy Lake Drive, 27.48 feet to an iron rod for corner; Northwesterly, on a curve to the Left, said curve having a central angle of 280 45' OOn, a radius of 595.42 feet, and an arc length of 298.94 feet to an iron rod for corner; N 700 53' 00" W. 351.56 feet to the PLACE OF BEGINNIIr'G an iron rod set for corner; N 700 53' 00" W, continuing along the North R.O.W. line of Village Trail 91.98 feet to an iron rod found for corner; Northwesterly, an a curve to the Left, said curve having a central angle of 11° 14' 00", a radius of 1346.25 feet and an arc length of 263.95 feet to a point of reverse curve an iron rod for corner; Nortl-westerly, on a curve to the right, said curve having a central angle of 70 05' 00", a radius of 1497.70 feet and an arc length of 185.16 feet to an iron rod for corner; N 75o 02' 00" W, 68.45 feet to an iron rod for corner; THENCE, N 90 58' 00" E, leaving said R.O.W. 875.0 feet to an iron rod for corner; UIEZICE, N 75o 45' 47" W, 960.08 feet to an iron rod for corner; TUE24CE, S 730 18' 07"_W, 154.30 feet to an iron rod for corner; 'ME34CE, N 840 09' 00" W, 50.00 feet to an iron rod for corner; THENCE, N 290 10' 00" Id, 111.0Q, feet to an iron rod for corner; `.111E21CL, N 140 05' 00" W, 161.00 feet to an iran rod for cornet; THENCE,, N 300 36' 00" W, 122.00 feet to an iron rod for corner; THENCE, N 340 21' 00" W, 50.00 feet to an iron rod for corner, said point being a point on curve; TBENCE, Along a curve to the right having a chord bearing of S 580 53' 00" W, 316.66 feet, said curve having a central angle of 060 29' 00", a radius of 2799.95 feet., and an arc length of 316.B3 feet to the point of tangent, an iron rod at said point; THENCE, S 620 08' 00" W, 103.00 feet to the point Of'curvature, an iron rod at said point; HENCE, Along a curve to the Right having a chord bearing S 640 14' 38" W, 30.81 feet, said curve having a central angle of 040 13' 14", a radius of 418.38 feet and an arc length of 30.82 feet to a point on curve, an iron rod at said point; `HENCE, `N 250 01' 1B" W, 120.00 feet to an iron rod for corner; THENCE, S 470 59' 00" W, 77.00 feet to an iron rod for corner; M&NCF., N 900 00 00" W, 625.00 feet to an iron rod for corner; M123CC, S 000 00 00" W, 115.00 feet to an iron rod for corner; THENCEr S 130 15' 00" W, 51.57 feet to an iron rod for corner; THENCE, S 000 00' 00" W, 115.00 feet to an iron rod for corner; THENCE, N 900 00' 00" W, 7.00 feet to an iron rod for corner; rmENCE, N 000 06' 46" W, 1119.22 feet to an iron rod for corner; THENCE, S 890 50' 25" E, al Ong and 1 eav ing said R.O.W. 1 ine of a publ is road, 1302.38 feet to an iron rod for corner; THENCE, N 110 42' 00" E, 11.90 feet to, an iron rod for corner; THENCE, S 890 53' 00" E, 1257.40 feet to an iron rod for corner; TO EN CE, N 010 25' 30" E, B89.4B feet to an iron rod for corner; THENCE, East, 2104.96 feet to iron rod for corner; THENCE, S 619.25 feet to the point of curvature, an iron rod at said poi nt ; i THENCE, Along a curve to the Ri htha 00", a radius of 875.00 feet and an arc length of 740.67afeet to angle of 8point on curve, an iron rod at said point; THENCE, Southwesterly, along a curve to the Left, said curve having a central angle of 380 30' 00", a radius of 875.0 feet and an arc length of 587.96 feet to an- iron rod for corner; ZIIENCE, S 100 00' 00" W, 225.0 feet to an iron rod for corner; TIIENCE, Southwesterly along a curve to the flight, said curve having a central angle of 280 15' 0011, a radius of 1325.0 feet and an arc length of 653.30 feet to an iron rod f -or corner; THENCE, Southwesterly, along a curve to the Left, said curve having a central angle of 110 17' 58", a radius of 834.70 feet and an arc length of 164 .61 feet to an iron rod for corner; MENCE, N 800 02' 00" W, 797.09 feet to an iron rod for corner; Tf ENCE, S 090 58' 00" W, 611.54 feet to the PLACE OF BEGINNING and containing 178.769 acres of land. a i LMAL DESCRIPTION S[UNEGIVTE "A" TOWN OF TROPHY CLUB, TEXAS BEING a 16.3690 acre tract of land situated in the J. Eads Survey', Abstract No. 392, and the W. Medlin Survey, Abstract No. 829, Denton County, Texas, and being a part of a 476.488 acre tract of land described in a deed filed in Volume 512, Page 530, Denton County, Ueed Records with this 16.3690 acre tract being more particularly described as follows: COMMENCING at an iron rod for corner, . said point being ttre mrast Northerly point of the Northeast R.O.W. line of Trophy Club Drive, (80' R.O.W.), also being the most Northerly corner of Village West, Section "A", as f iled in Cabinet C, Page 171, of the Deed Records of Denton County, Texas; TUENCE, S 870 45' 30" W, along said North Jim of Village i7est, Section "A", 40.00 feet to a point in the centerline of Tropkry Club Urive; THENCE, leaving said centerline of Trophy Club Drive as follows: Northeasterly, aloe a curve to the Right, said curve having a central angle of 40u 29' 27"0, a radius of 834.70 feet, an an arc length of 589.88 feet (chard which bears N 180 00' 14" E, 577.58 feet) to an iron rod for corner,- Northeasterly? orner;Northeasterly, along a curve to the left, said curve having a central angle of 280 15' 00", a radius of 1325.00 feet, and an arc length of 653.30 feet (chord which bears N 240 07' 30" E, 646.70 feet) to an iron rod for corner; N 100 00' 00" E, 225.00 feet to the PLACE OF BEGINNING, an ,iron rod for corner; TUENCE, Northeasterly, along a curve to the Right, said curve having a central angle of 93o 30' 00", a radius of 875.00 feet, and an arc length of 1427.90 feet (chord which bears N 560 45' 00" E, 1274.65 feet). to an r iron rod for corner; THENCE, Southwesterly along a curve to the Right, said curve having a central angle of 200 14' 36", a radius of 2500.00 feet, and an arc length of 883.28 feet (chord which bears..S 030 41' 22" 1.1, 878.69 feet) to an iron rod for corner; TIIENCE, N 800 00' 00" W, 1025.00 feet to the PLACE OF BEGINNING and containing 16.3690 acres or 713,033 square feet -of land.