ORD 2013-05TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-05 P&Z
WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that
certain tract of land (the "Land"), described as a 13.97 acre tract of land as PD Planned
Development No. 21 (PD -21) for Professional, Business and Retail uses, said tract
generally known as the Trophy Club Plaza; and
WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended
by - passage of Ordinance • 111 allowed addition of • _ •
dry cleaning facility to the approved uses in PD -21; and
WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of
propane at the Walgreen Co. store; and
WHEREAS, on or about July 18, 2011, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2011-27 P&Z which allowed a liquor store as a
permitted use on Tract 1; and
WHEREAS, on or about December 13, 2011, Ordinance No. 99-17 was
amended by the passage of Ordinance No. 2012-02 P&Z which allowed a 24-hour fuel
station as an accessory use to a grocery store or other anchor type use, which allowed
the number of buildings to increase from 5 to 6 on the site, and which allowed parking
at one space for each 215 sq. ft. of building area; and
WHEREAS, on or about November 13, 2012, CS Realty, on behalf of
Randalls/Tom Thumb, and with the permission of the owner of the Land, ACF Property
Management, Inc., on behalf of the owners, Trophy Club 12A, LLC, filed an application
with the Town Planning and Zoning Commission requesting an amendment to PD -21 to
allow monument signage along Trophy Lake Drive to be a maximum of eight feet (8 -ft.)
in height; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the proposed amendment to PD -21 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
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 amendment to PD Planned Development #21 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 amending PD Planned Development #21 as set forth specifically below 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 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas,
as previously amended, the same being the Town's PD Planned Development No. 21,
Exhibit "C" entitled "Development Standards", Section 7 entitled "Signs", Subsection "a"
entitled "MONUMENT SIGNS" to allow monument signage to a maximum of eight (8)
ORD 2013-05 P&Z Page 2 of 5
feet in height, for Tract I of PD -21, so that Subsection 7.a. "MONUMENT SIGNS" of
Exhibit "C" "Development Standards" shall be and read as set forth below, and all other
articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
7. s:
49a. Monument signs — Four (4) Monument type signs located within
landscaped area as shown on the PD Site Plan. Three of the signs
located at the entrances/exits of Trophy Lake Drive to be a maximum
of eight (8) feet in height, above finish grade of the adjacent concrete
curb within the highway right-of-way, and twelve (12) feet in length.
The monument sign along Highway 114 will be taller than 6' above
the adjacent grade to get the sign 6' above Highway 114 street
grade."
2.02 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas,
as previously amended, the same being the Town's Planned Development No. 21,
Exhibit "C" entitled "Development Standards", to adopt a new Subsection (b) entitled
"LED Signage" of Section 7 entitled "Signs" which shall be and read as set forth below,
and to renumber the existing Subsection "b" entitled "Building Signage" and the
remainder of the Subsections of Section 7, which are not amended but are hereby
ratified and affirmed:
"b. LED Signage — Allowed for Tom Thumb fuel signage. No other LED
signage is allowed in the Plaza Shopping Center without approval of
the Town Council upon recommendation by the Planning and Zoning
Commission.
c. Building Signage . ........
SECTION 3.
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.
ORD 2013-05 P&Z Page 3 of 5
SECTION 4.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
land and zoning and specifically PD Planned Development #21, 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. 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 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 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
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.
•
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 as set forth in the home rule Charter of the Town and by filing
this Ordinance in the Ordinance records of the Town.
ORD 2013-05 P&Z Page 4 of 5
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law,
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 25th day
of February, 2013.
ATTEST:
[�6nnon Del? r, Town Secretary
wr
own of Trophy Club, Texas
[SEAL]
I
40
RY Nq
C6nnie White, Mayor
Town of Trophy Club, Texas
FANUISIBSITIM1.1 k • 0�1 I
Patrbdla A. Ada—mg, Town Attorney
Town of Trophy Club, Texas
ORD 2013-05 P&Z Page 5 of 5