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ORD 2015-11 P&Z PD-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97- 23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, BY ORDINANCE NO. 2010-28 P&Z, BY ORDINANCE NO. 2011-17 P&Z AND BY ORDINANCE NO. 2015-08 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDED BY THIS ORDINANCE IN ORDER TO CORRECT A CLERICAL ERROR IN THE NUMBERING/LETTERING OF SECTION A(1KbK1) "PERMITTED USES" OF EXHIBIT "C" ENTITLTED "DEVELOPMENT STANDARDS", PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT TO SECTION A(1)(b)(1) ENTITLED "PERMITTED USES" OF EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS"; 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 FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER 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 SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 14, 2015, after all legal notices, requirements and conditions had been complied with in order to amend PD Planned Development #13, the Village At Trophy Club, Texas, Ordinance No. 2015-08 P&Z was approved by the Town Council pursuant to the recommendation of the Planning and Zoning Commission of the Town; and WHEREAS, subsequent to that approval, it was discovered that due to a clerical error, Ordinance No. 2011-17 P&Z had not been included in the amendment adopted by Ordinance No. 2015-08 P&Z and that resulted in a numbering/lettering error to Section A(1)(b)(1) "Permitted Uses" of Exhibit "C" "Development Standards"; and WHEREAS, the purpose of this Ordinance is to correct the clerical error in Ordinance No. 2015-08 P&Z, and the adoption of this Ordinance correcting that clerical error does not effect a substantive change to PD Planned Development #13 but is merely being made for the purpose of correcting a clerical error; and ORD 2015-11 P&Z WHEREAS, 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 amending the Comprehensive Zoning Ordinance of the Town 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, 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. AMENDMENT 2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, by Ordinance No. 2010-28 P&Z, by Ordinance No. 2011- 17 P&Z and as amended by Ordinance No. 2015-08 P&Z of the Town, is hereby further amended by this Ordinance amending Exhibit "C" Development Schedule, Section A(1)(b)(1), "Permitted Uses" in order to correct a clerical error in the numbering/lettering of Section A(1)(b)(1), "Permitted Uses", in the following particulars as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1 (Retail uses, as depicted in Exhibit "131: The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: 1. Permitted Uses: 2 ORD 2015-11 P&Z "(AA) Liquor Store (BB) Indoor Canine Retail and Training* * This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a completely enclosed building. Training shall not include the training of any other animals, nor any "prohibited animal" as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited." SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. 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 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. 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 3 ORD 2015-11 P&Z 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 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause 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 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 26TH day of May, 2015. 0 C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: a � � M-A%�W Holly Fimlbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas O F- [SEAL] \NZIV�A R'Y , 4 ORD 2015-11 P&Z