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ORD 2006-15 PD-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO.2006-15 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13, GENERALLY KNOWN AS THE VILLAGE AT TROPHY CLUB, BY AMENDING EXHIBIT C, DEVELOPMENT STANDARDS, TO ADD SECTION A. 4(f), ENTITLED TRACT 4B SIGNS, AND REGULATING SIGNS LOCATED WITHIN TRACT 4B AS FOLLOWS: PROVIDING REGULATIONS FOR A DIRECTORY SIGN, INSTALLATION AND ADDITIONAL REQUIREMENTS FOR ALL SIGNAGE; PROVIDING FOR WAIVERS OR EXCEPTIONS TO THESE REGULATIONS; 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 CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 owner of Tract 413 of PD No. 13, generally known as The Village at Trophy Club and more particularly described as approximately 1.8 acres of land currently zoned PD Planned Development No. 13 for Office/Commercial uses (the "Land"), filed an application with the Town Planning and Zoning Commission requesting a change in zoning, more specifically to allow a change in the terms of Exhibit "C" Development Standards, to add Section A 4 (f); Section A 4 (f) is added to regulate signage within Tract 413, a portion of the Land located in Planned Development No. 13, and to allow 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 WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD No. 13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 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 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. AMENDING Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town's PD No. 13, Exhibit "C" Development Standards, Section A, Subsection 4., is hereby amended to add item (f) with the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: (f) Tract 4B Signs: The following sign regulations apply to signs within Tract 4B only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 413. (1) Directory Sign: One (1) directory sign, double sided, shall be located within the landscaped area as designated on the previously approved site plan, and shown on Exhibit C.7. The sign shall not exceed a maximum of three feet, nine inches (3'9") in height measured from the bottom of the footing and thirteen feet, (13') in length, as shown on Exhibit C.S. The sign copy shall not exceed a maximum of three feet, two inches (3'2") in height and nine feet, six inches (9'6") in length. The monument sign face shall be made of sign grade acrylic, white in color and 3/16" thick. The can shall be steel frame with aluminum skin. Surface lettering shall be vinyl. (2) Installation: A licensed electrician shall perform all electrical hook-up. (3) Additional Requirements: The following additional standards shall apply to all signage, as applicable: (i) conformance with the 2002 National Electrical Code, as amended; (ii) conformance with UL Standards; and (iii) conformance with Town permitting requirements. (4) Waiver or Exception: Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. 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. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances affecting the regulation of land and zoning 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 5. 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 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 6. 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 7. 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 8. 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 9. 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 10. 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 5"' day of June, 2006. Mayor Town of Trophy Club, Texas Effective Date: June 5, 2006 ATTEST: i J/ Town Secre 7 %tary — —� Town of Trophy Club, Texas APPROVED TO AS FORM: 1'-�X/ I , Town Attorney Town of Trophy Club, Texas EXHIBIT C.7 SITE PLAN EXHIBIT C.8 DIRECTORY SIGN