ORD 1989-07TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9-97
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 16.045 ACRES OF LAND SITUATED
IN THE CHARLES MEDLIN SURVEY, ABSTRACT NO.
823, DENTON COUNTY, TEXAS, AS MORE FULLY
DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID
ZONING BEING R-12 SINGLE FAMILY DISTRICT AS
AUTHORIZED BY SECTION 12 OF ORDINANCE NO.
87-23 OF THE TOWN, FOR SINGLE FAMILY
DETACHED DWELLINGS AND ACCESSORY BUILDINGS,
STRUCTURES AND USES, AS OUTLINED IN THE SAID
SECTION 12; PROVIDING THAT THE ZONING MAP
SHALL REFLECT R-12 SINGLE FAMILY 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 ($2,000.00) 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
law; and
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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 a
certain specific date; and
WHEREAS, during the said public hearings concerning the
zoning of all land within the Town and the adoption of the
Zoning Map, certain parcels of land were left unzoned,
including the 16.045 acre tract of land made the subject of
this Ordinance; and
WHEREAS, the Planning and Zoning Commission and Town
Council desire now to complete the zoning on and of the said
16.045 acre tract; and
WHEREAS, in accordance with that desire, the Town issued
notice to interested persons, both personal and by publication
in accordance with law, concerning a public hearing to be held
by the Planning and Zoning Commission and Town Council on April
20, 1989 regarding the zoning of the said 16.045 acre tract; and
WHEREAS, after the said public notices were given in
compliance with law and public hearings were conducted, the
Planning and Zoning Commission made a recommendation to the
Town Council concerning the zoning of the 16.045 acre tract,
and the case having come before the Town Council 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 zoning should be granted or denied: safety of the
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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 loading 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; and
WHEREAS, after due deliberation and consideration of the
information received during the public hearing and the
recommendation of the Planning and Zoning Commission, the Town
Council has concluded that the adoption of this ordinance is in
the best interests 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. 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 16.045 acres and located in the
Charles Medlin Survey, Abstract No. 823, Denton County, Texas,
and more particularly described in Exhibit "A" attached hereto
and incorporated herein for all purposes, shall be in
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accordance and conformity with and be zoned R--12 Single Family
District according to the standards, conditions and regulations
set forth in Section 12 of the Town Comprehensive Zoning
Ordinance, Ordinance No. 87-23, and said tract of land shall be
in conformity with this ordinance, all other parts of the said
Comprehensive Zoning Ordinance and all applicable ordinances,
rules and regulations of the Town of Trophy Club.
Section 3. 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 4. 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 5. 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.
Section 6. 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 7. 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.
Section 8. 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
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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 9. 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 Mth day of _,AjDrjj 1 1989
r, Town of Troy Club, Texas
ATTES
Town secretary, Town of Trophy Club, Texas
[SEAL]
APPROV,En-PS—T• FORM
j�
Town Attorney, Towfi of Trophy Club, Texas
I&M
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• � :Iti�rt. �. �
BEING a tract of land situated in the C. Medlin Survey, Abstract No. 823
of Denton County, Texas, said tract being part of a 165.641 acre tract
of land conveyed to Eenry Seeligson as recorded in Volume 650, page 103,
of the Deed Records of Denton County, said tract also being part of a
127.140 acre tract of land_ conveyed to N. B. Hunt as recorded in Volume
4612, Page 362, of the Deed Records of Denton County, and being more
particularly described as follows:
BEGINNING at an iron rod set on the westerly right-of-way line of Trophy
Club Drive (80' R.O.W.)~as recorded in VolLne 738, Page 882, of the Deed
Records of Denton County, said point being S 070 06' 00" E, 127.51 feet
from an iron rod with cap marked "Carter & Burgess" found at the
Southeast corner of The Summit, an addition to Denton County, as
recorced in Cabinet B, Man 384, of the Plat Records of Denton County;
THENCE, Along the Westerly right-of-way line of Trophy Club Drive as
f of l cw s
S 070 06' 00" E, 36.59 feet to the point of curvature, an "x" cut
in concrete found at said point;
Along a curve to the Right, said curve having a central angle of
660 01' 00", a radius of 391.02 feet and an arc length of 450.54
feet, said curve also having a chord bearing of S 250 54' 30" W,
for a chord distance of 426.02 feet to the point of tangent, an
iron rod set at said point;
S 580 55' 00" W, 507.90 feet to the point of curvature, an iron rod
set at said point;
Along a curve to the right, said curve having a central angle of
270 34' 00",• a radius of 571.46 feet, and an arc length of 274.95
feet, said curve also having a chord bearing of S 720 42' 00" W,
f or a chord distance of 272.30 feet to the point of tangent, an
iron rod set at said point;
5 860 29' 00" W, 190.00 feet to- the point of curvature, an iron rod
set at said point;
Along a curve to the Left, said curve having a central angle of 140
06' 40", a radius of 640.46 feet, and an arc length of 157.74 feet,
said curve having a chord bearing of S 790 25' 40" W, for a chord
distance of 157.34 feet to an iron rod set for corner;
EXHIBIT "A"
LEGAL DEZ5�IQN
16. 045 ACES
TEENCE, N 170 37' 4C" W, 232.54 feet to an iron rod set for corner, said
point being an the Easterlv boundary lira of Trophy Club Section Five,
as addit-on to De"tOn County, as recorded in Volume 13, Page 10, of the
Plat Records of Lenton County;
TEENCE, Along the Easterly boundary line of said Troahv Club Section
rive as f ollcws : .
N 500 11' 57" E, 93.74 feet to an iron rod found far corner;
N 390 42' 58" W, 129.86 feet to an iron rod found for corner;
Along a curve to the Left, said curve having a central angle of 000
31' 12", a radius of 1101.75 feet and an arc length of 10.00 feet,
said curve having a chord bearing of. N 500 25' 48" E, for a chord
distance of 10.00 feet to the point of ccmpound curve, an iron rod
with cap marked "Carter & Burgess" found at said point;
Along a curve to the Left, said curve having a central angle of 360
34' 12", a radius of 267.13_ feet and an arc length of 170.50 feet,
said curve also having a chord bearing of N 310 53' 06" E, for a
chord distance of 167.62 feet to the point of tangent, an iron rod
found at said point;
N 130 36' 00" E, 107.65
feet to an iron
rod found
for corner;
Along a curve to the Right, said curve having a
central angle of
150 43' 14", a radius
of 229.24 feet
and an arc length of 62.90
feet, said curve also
having a chord
bearing of
N 680 32' 46" W,
for a c�nord distance of
52.70 feet to an iron rod
found for corner;
N 230 43' 35" E, 143.83 feet to an iron pipe found for corner, said
point being the Southwest corner of Merlin Ce*netery;
THENCE, S 760 24' 42" E, along the South line of said Medlin Cemetery;
433.34 feet to a railroad rail found for corner;
TEENCE, N 810 21' 07" E, 768.72 feet to the PLACE OF BEGINNING and
containing 16.0452 acres of land.