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ORD 2004-11 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE No. 2004 -11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2003-29 P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO 3002-17 P&Z, THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN THE SAME BEING THE ORDINANCE, AND ADOPTING NEW FRONTS ONS FOR PDD PLACOMPHENSIVE ONNED DEVELOPMENT NO. 23, NING 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 1.14, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF PROVIDING FOR THE HERITAGE COURT SOUTH; INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT B, ;DEVELOPMENT/SITE PLAN, BY CHANGING THE PERIMETER SCREENING ELEMENT ALONG THE NORTH PROPERTY LINE; BY ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C, "DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH ENTITLED "SCREENING STANDARDS", TO PROVIDE OF I NEW STANDARDS FOR A LIVING LANDSCAPE SCREEN LOCATED ALONG THE PERIMETER OF THE NORTH PROPERTY LINE; AND FURTHER AMENDING EXHIBIT C BY CHANGING PARAGRAPH (i) OF SECTION (p) ENTITLED "HOURS OF OPERATION", TO PROVIDE HOURS OF OPERATION TO BE 24 -HOURS A DAY; BY AME NG EXHIBIT F, "LANDSCAPE PLAN & PLANT LIST", BY REPLACING F-1 AND F-3 WITH A REVISED F-1 AND F-3, AND BY ADDING F-6 AND F- 7, FURTHER DETAILING THE LIVING SCREE ALONG THE NORTH PROPERTY LINE; KING ELEMENT TO CHANGE THE TITLE ' BY AMENDING EXHIBIT J OF EXHIBIT J FROM "RETAINING WALL & FENCE CRITERIA" TO "RETAINING WALL CRITERIA", AND BY REPEALING PAGE J-1 ENTITLED `FENCE CRITERIA" IN ITS ENTIRETY; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREMENSIVE G ORDINANCE ZONIN AND ALL OTHER APPLICABLE ORDINANCES IN 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. Pad 1 of 6 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 subdivisi Town; and on of land and property development within the WHEREAS, on August 19, 2002, the Town adopted Ordinance No. 2002-29 P&Z repealing Ordinance No. 2002-17 P&Z, adopted May 6, 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 amending the zoning map to reflect the PD Planned Development No. 23 Zoning District; and WHEREAS, after the commencement of construction, it became apparent due to existing conditions with the land that a living landscape screen located along the north perimeter property line would better augment the natural aesthetic components of the land while providing an attractive screening element, and WHEREAS, in an effort to provide outstanding medical services, the developer of the Trophy Club Medical Plaza has requested the hours of operation for phase 1 be changed to a 24- hour operation in order to house an e -care clinic on the ground floor that will handle minor emergencies and provide an amenity to the entire facility, while not creating any additional site traffic or noise as it is a use that is already approved for the site; 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. 2002-29 P&Z to revise the landscape screening for the north perimeter property Iine; 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. 2002-29 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: Page 2 of 6 A. Exhibit `B" entitled "Development/Site Plan" is amended to indicate a Iiving landscape screen along the north perimeter property Iine, which abuts the Indian Creek Townhomes, PD -10, as indicated in Exhibit "A", entitled `B1 Amended", a COPY of which is attached hereto and incorporated herein, Two additional sections of living Iandscape screening shall be located along the north perimeter property line which abuts the residential lots 797 and 795 of Heritage Court South,ZD B. Exhibit "C" entitled "Development Standards", Section A. Subsection 1. is amended to read as follows: (1) Screening Standards: (i} New perimeter screening at the North Property Line will be achieved by installing a "living landscape screen". This screen will consist of 148, Evergreen Shrubs (East Palatka Holly), 30 gallon container size, planted at 48 -inch on center. Shrubs will be approximately 8 -feet to 9 -feet high and have a 3 to 3 1/2 -foot spread with full branching to bound, at time of planting. The trash receptacle screening shall be constructed of a decorative masonry and wood fence. The wooden insets shall be constructed of cedar or redwood. The vertical surface of which is not more than thirty percent (30%) open. C. Exhibit "C" entitled "Development Standards", Section A. Subsection 1. is amended to read as follows: (p) Hours of Operation: (i) Phase I. Hours of operation for the uses set forth herein, shall be twenty-four (24) hours. Deliveries and service calls are allowed only between 8:00 am and 5:00 pm. No outside sales of any land shall be conducted, including but not Iimited to truck lot, pedestrian walkway, tent or other sales. D. Exhibit "F" entitled "Landscape Pian & Plant List": a. Sheet F-1 entitled "Landscape Plan" is amended as indicated in Exhibit "B", entitled "F-1 Amended", a copy of which is attached hereto and incorporated herein, to specify a living landscape screen along the north Perimeter property line, which abuts the Indian Creek Townhomes, PD -10. Two additional sections of living landscape screening shall be located along the north perimeter property line which abuts the residential lots 797 and 795 of Heritage Court South. b. Sheet F-3 entitled "Landscape Details" is amended as indicated in Exhibit "C", entitled "F-3 Amended", a copy of which is attached hereto and Page 3 of 6 incorporated herein, to specify landscape details for an open area/residential screen, front landscape buffer and a typical parking island. C. Sheet F-6 entitled "Living Landscape Screen" is added, as indicated in Exhibit "D", entitled "F-6", a copy of which is attached hereto and incorporated herein, to further illustrate the living screening element along the north property line by providing a detail an the shrub planting and living screen site plan, a shrub planting detail — section in addition to a plant schedule and notes. d. Sheet F-7 entitled "Living Landscape Screen - East Palatka Holly" is added, as indicated in Exhibit "E", entitled "F-7", a copy of which is attached hereto and incorporated herein, in order to provide a visual depiction the evergreen shrub that will be included in the living screening element along the north property line. D. Exhibit "J" entitled "Retaining Wall & Fence Criteria" is hereby amended by changing the title of Exhibit "J" to read as "Exhibit `J' Amended", "Retaining Wall Criteria". E. "Exhibit `J' Amended" entitled "Retaining Wall Criteria" is further amended by removing and repealing page J-1 entitled "Fence Criteria", in its entirety. SECTION 4. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION S. CUM[1LATIVE 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 6. 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. Page 4 of 6 SECTION 7. 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 8. PEN — 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 9. 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 10. 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 11. 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 Codi o i the Town o rophy Club, Texas, this 15a' day of March, 2004. / Of Trophy Club, Texas Page 5 of 6 Effective Date: ATTEST: March 20, 2004 Town ecretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Page 6 of 6 [SEAL] SVX3 'en-lo V 2 V -ld AHS a IV 0|03 . § . �.. .� .. sn -1o A H d O U e #§£ ! ` \! S S`dX31 'an-io AHdOH.L VL Y -ld Y VIa 3Y V lYoo_o n"� t u " fag Z �t- Q00 FF o(� IJW /'�t uI € RR w°i _CLW 81 I�a.J/�I-IdoH.L Off- am o LL ll' Q Q Z zu2, «g �- Q LS Y�cGoo���awG c� vz-o--uu�uo-ou-� o � sdxal 'an -lo AHdOHI a Ltjl o z Er U � m v v W ¢ Z a Y L. Y �d IY OIa 3I 9 i7 en-io AHdOEJi W oy � g a OT 0- 0� � � Ltjl o e U � m v v W ¢ Z a m_ e o SVX31 '''an -lo ),HdO>-JlR H7 r o KIM g Y L V ��! 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