ORD 2006-07TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - 07 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 A 1.751 ACRE TRACT OF LAND, LOCATED
GENERALLY TO THE EAST OF THE MUNICPAL UTILITY DISTRICT
WASTEWATER TREATMENT PLANT FACILITY AND SOUTH OF
THE TOWN'S NORTHEASTERN CITY LIMIT, AND BEING PART OF
THE MARY MEDLIN SURVEY, A-832 WITHIN THE TOWN AND
MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" ENTITLED
"FIELD NOTES" AND EXHIBIT "B" ENTITLED "EAST
MAINTENANCE FACILITY" A COPY OF WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN, FROM ITS ZONING
DESIGNATION OF R-12 SINGLE FAMILY RESIDENTIAL TO CR —
COMMERCIAL RECREATION; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE
AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT THE CR
ZONING FOR SUCH 1.751 ACRE TRACT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SAVINGS; 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; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; 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 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within the
Town;
WHEREAS, the owner of the tract of land (the "Land"), described as a 1. 751 acre tract
of land currently zoned R-12 Single Family Residential, said tract being more specifically
described in Exhibit "A" attached hereto and incorporated herein, filed an application with the
Town Planning and Zoning Commission requesting a change in zoning of the Land into "CR",
Commercial Recreation and 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
Page 1 of 6
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 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;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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
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, being a 1.751 acre tract of land described in Exhibit "A"
attached hereto and incorporated herein, heretofore zoned R-12 Single Family
Residential, is hereby changed to "CR" Commercial Recreation, in accordance
with the requirements of all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
Page 2 of 6
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town the zoning change herein made.
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
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 6.
CUMULATIVE REPEALER
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.
SECTION 9.
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 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.
SECTION 10.
PUBLICATION
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.
Page 3 of 6
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
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 20`h day of March, 2006.
Effective Date:
ATTEST:
March 25, 2006
In
Town Secretary
Town of Trophy Club, Texas
1 tz—a
Town Attorney
Town of Trophy Club, Texas
Page 4 of 6
Z-4/
Mayor
Town of Trophy Club, Texas
[SEAL]
EXHIBIT A
FIELD NOTES
(1.751 ACRES)
(EAST PROPOSED MAINT.)
BEING a Parcal or tract of lend situated in the Mary Medlin Survey. Abstract Number 832,
Town of Trophy Club. Denton County, Texas. and being part of Tract i and Tract 85
conveyyed to Beck Properties Tro by Club, L.P. by deed recorded in Clerk File Number 93—
ROOB751fi, Deed Records, Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a one—half inch iron rod with cep marked "RPLS 4023" set for corner, from
which the Southeasterly carner of a tract of land conveyed to Trophy Club Municipal utility
District Number 1 by deed recorded in Volume 3419, Page 827. Deed Records, Denton
County, Municp 9Texas. bears North 15"38'35" East, a distance of 30.0 feet; Trophy
along
East 8r %1faetofosaiddone—halfT Utility District uClub
inch Muni ipalrod wUthmber I tract at a dcapa Pountli tnce of ONumber I tractnaitotistance
of 530THENCE North 87"24'03' East, departing the Easterly line of said Trophy Club Municipal
Utility District Number 1 tract, a distance of 155.OB feet to a one—half Inch iron rod with
cap marked "RPLS 4023' set for corner;
THENCE South 18"38'35" East, a distance of 4B8.E5 feet to a one—half inch iron rod with
yellow cap marked 'RPLS 4023' set for corner;
THENCE South 71"21'25" West, a distance of 150.00 feet to the POINT OF BEGINNING
and containing 1.751 acres of land, more or less.
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WANI — McCULLAH
ENGINEERS & SURVEYORS
1730 REGAL ROW, SURE 240
0AUTAS, TEXAS 73235
PHONE 214-A4-1101
FAX: 214-774-1105
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