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ORD. 2021-02 - P&Z Domestic Pet Services TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-02 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2016-11 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 30,TROPHY CLUB TOWN CENTER, BY ADDING "DOMESTIC PET SERVICES (SUP REQUIRED)" TO THE LIST OF PERMITTED USES AND ADDING A DEFINITION FOR THE SAME; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER 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 A PUBLICATION CLAUSE; 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 January 26, 2012, the Town adopted Ordinance No. 2012-04 P&Z to create PD Planned Development No. 30, known as Trophy Club Town Center; and WHEREAS, on March 3, 2014, the Town adopted Ordinance No. 2014-06 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, on March 29, 2016, the Town adopted Ordinance No. 2016-11 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, Beck Ventures, the developer of Lots 1, 2, and 5, Block A of Trophy Club Town Center, filed an application with the Town requesting an amendment to PD Planned Development District No. 30 to add "Domestic Pet Services (SUP Required)" to the list of Permitted Uses and adding a definition for the same, and such amendments are set forth herein; and WHEREAS, all legal requirements and conditions were complied with, and 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 & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2016-11 P&Z as set forth in this Ordinance; and ORD 2021-02 P&Z Page 1 of 4 WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance allowing "Domestic Pet Services" by Specific Use Permit (SUP) on the property zoned as PD Planned Development No. 30 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: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2016-11 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 30, is hereby amended in the following particulars and conditions, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. 2.01 Section I.D. "Definitions" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section I.D. Definitions (7) "Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals. 2.02 Section II.A.6. "Permitted Uses — Retail" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section II.A.6. Permitted Uses — Retail • Domestic Pet Services (SUP Required) ORD 2021-02 P&Z Page 2 of 4 SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. 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 less than One Dollar ($1.00) nor 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. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. 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. ORD 2021-02 P&Z Psna 3 of 4 SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. 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 Cou cil of the Town of Trophy Club, Texas, this 26th day of January 2021. Ali ' eury, Mayor own of Trophy Club, Texas [SEAL] ATTEST: "V fl Vacek, TRMC C/MMC Town Secretary/RMO APPROVED TO AS FORM: J. Davil 06dd III, Town Attorney Town I Trophy Club, Texas ORD 2021-02 P&Z Paae 4 of 4