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ORD 2017-05 P&Z Trophy Club Medical Plaza TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2017-05 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2004-11 P&Z, THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2002-29 P&Z, THE SAME REPEALING ORDINANCE NO 2002-17 P&Z, THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 23, KNOWN AS TROPHY CLUB MEDICAL PLAZA, A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF HERITAGE COURT SOUTH; ADOPTING NEW PROVISIONS TO AMEND THE SITE PLAN BY CHANGING THE PARKING CALCULATION; ADOPTING NEW PROVISIONS TO AMEND THE EXTERIOR ELEVATIONS; ADOPTING NEW PROVISIONS TO AMEND THE DEVELOPMENT STANDARDS BY CHANGING SECTION (A)(1)(E) ENTITLED "OFF-STREET PARKING", TO PROVIDE NEW STANDARDS FOR PARKING CALCULATIONS; AND ADOPTING NEW PROVISIONS TO AMEND THE DEVELOPMENT STANDARDS BY CHANGING SECTION (A)(1)(E) ENTITLED "OFF- STREET PARKING", TO PROVIDE NEW STANDARDS FOR LANDSCAPING; 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 A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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; and WHEREAS, on March 15, 2004, the Town adopted Ordinance No. 2004-11 P&Z amending Ordinance No. 2002-29 P&Z, adopted August 19, 2002, an amendment to Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, by changing the zoning on a certain tract of land described as a 7.842 acre tract of land generally known as Trophy Club Medical Plaza; and WHEREAS, due to a planned addition to the hospital which will impact parking spaces, it is proposed to implement the required parking calculation as advised by the Texas Department of State Health Services (TDSHS), and reflect as such on the site plan and in the development standards; and WHEREAS, due to a planned addition to the hospital which will impact the exterior elevations of the building, it is proposed to revise the exterior elevations plans which comply with the PD-23 development standards; and WHEREAS, due to a planned addition to the hospital which will impact the landscaping, it is proposed to add a landscaping requirement to the development standards which will involve maintenance and replacement; and WHEREAS, after due deliberation and consideration by the Planning & Zoning Commission and the Town Council of the Town of Trophy Club, Texas at properly posed hearings, the Town Council now deems it necessary to adopt this Ordinance amending Ordinance No. 2004-11 P&Z to revise the site plan, exterior elevations, and development standards in order to revise a parking calculation and landscaping requirement; having concluded that such adoption is in the best interest of the Town 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. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2004-11 P&Z of the Town, the same being the Town's PD Planned Development No. 23, an amendment to the Town's Comprehensive Zoning Ordinance No. 2000-06 P&Z of the Town, is hereby amended with the following particulars, and all articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Exhibit C entitled "Existing Site Plan" is amended to be replaced with Exhibit D entitled "Proposed Site Plan" due to a revised parking calculation for the hospital. ORD 2017-05 Page 2 of 4 B. Exhibit E entitled "Existing and Proposed Elevations" is added to update the hospital's exterior elevations plan. C. Exhibit F entitled "Revised Development Standards", Section A(1)(e) entitled "Off-Street Parking", Number (2) is amended to read as follows: (2) Parking Ratio for Phase 2 — Extended Stay Surgery Center— (1 space per day shift employee, 1 space per patient bed) D. Exhibit F entitled "Revised Development Standards", Section A(1)(e) entitled "Off-Street Parking", Roman Numeral (xiii) is added to read as follows: (xiii) All landscaping within and surrounding the parking lot is required to be replaced on site, within forty-five (45) days, with comparable species and size of removed or dead landscaping. SECTION 3. 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 4. 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 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. ORD 2017-05 Page 3 of 4 SECTION 6. 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 7. 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. SECTION 8. 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 9. 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 24th day of January, 2017. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] 7 ATTEST: AP ' eV% I AS TO FORM: / ,vli 1 fllrrnt S annon Montgomet , TRM . I.vid Dodd III, Town Attorney Acting Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas ORD 2017-05 Page 4 of 4