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ORD 2004-14 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004 —14 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2002-26 P&Z, THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 24, KNOWN AS LAKE CITIES CHURCH OF CHRIST, A CERTAIN TRACT OF LAND DESCRIBED AS A 4.2821 ACRE TRACT OF LAND LOCATED GENERALLY TO THE EAST OF GLEN EAGLES COURT, TO THE SOUTH OF INDIAN CREEK DRIVE AND TO THE WEST OF PD NO. 7, THE PLANTATION APARTMENTS; PROVIDING FOR THE INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C, "DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH (v) OF SECTION (g) ENTITLED "LANDSCAPING", TO PROVIDE NEW STANDARDS FOR LANDSCAPING SCREENING ALONG THE WEST PARKING LOT, NORTH NORTHWEST AND WEST NORTHWEST CORNERS OF THE BUILDING AND THE SOUTHEAST PERIMETER PROPERTY LINE; AND BY AMENDING EXHIBIT F, "LANDSCAPE PLAN/PLANT LIST", BY REPLACING F1 WITH A REVISED F1 ENTITLED "F1 AMENDED", BY CHANGING THE PERIMETER SCREENING ELEMENT ALONG THE WEST PROPERTY LINE AND BEING FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN; 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 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. 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 July 15, 2002, the Town adopted Ordinance No. 2002-26 P&Z, 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 4.2821 acre Page 1 of 5 tract of land generally ]mown as Lake Cities Church of Christ and amending the zoning map to reflect the PD Planned Development No. 24 Zoning District; and WHEREAS, after the commencement of construction and prior to the installation of the landscaping materials, the property owner discovered the original approved location for the west property line landscaping was in an area that would not promote the intended screening effect; WHEREAS, the Town has received a request by the Owner of Lake Cities Church of Christ for an amendment to PD Planned Development No. 24, Town Ordinance No. 2002-26 P&Z, to revise Subsection 1 under Section A of Exhibit C entitled "Development Standards", and Sheet F1 entitled "Landscape Plan" of Exhibit F entitled "Landscape Plan/Plat List to adopt new standards for landscaping screening along the west parking lot, north northwest and west northwest corners of the building and the southeast perimeter property line and if the requested amendment is approved by the Planning and Zoning Commission and Town Council, Ordinance No. 2002-26 P&Z would be amended; WHEREAS, 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 and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to PD Planned Development Ordinance No. 2002-26 P&Z as set forth in this Ordinance; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at properly posted public hearings, the Town Council now deems it necessary to adopt this Ordinance amending Ordinance No. 2002-26 P&Z to revise the landscape screening for the north perimeter property line; 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 made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2002-26 P&Z of the Town, the same being the Town's PD Planned Development No. 24, 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: A. Exhibit "C" entitled "Development Standards", Section A, Subsection 1 is amended to read as follows: Page 2 of 5 (g) Landscagjna: (v) Screening consisting of tree material, at a minimum, shall be placed along the side property lines of residences to augment the screening capability of existing fences. Said screening shall be presented as an integrated and coordinated landscape system. Along the west end of the parking Iot, fifty-nine (59) Evergreen Shrubs (East Palatka Holly) will be installed. The shrubs will be a minimum of six feet (6') in height at the time of installation and will be planted three feet, six inches (T, 6") to provide a solid visual screen. B. Sheet F1 entitled "Landscape Plan" of Exhibit "F" entitled "Landscape Plan/Plant List" is amended to indicate 59 East Palatka Holly along the west parking lot line. Additionally, eight (S) trees previously approved to be located along the west property line shall be relocated as follows: two (2) trees shall be planted along the west parking lot Iine, two (2) trees shall be planted at the north northwest and west northwest corners of the main building, and four (4) trees shall be planted along the southwest perimeter property line, as indicated in Exhibit "A", entitled "F1 Amended", a copy of which is attached hereto and incorporated herein. 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 5. CUMULATIVE 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, Zl 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 3 of 5 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 s. 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 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 I.O. 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 Cou cr"of the Town of Trophy Club, Texas, this 17th day of May, 2004. Mayor Town of Trophy Club, Texas Page 4 of 5 Effective Date: May 22, 2004 [SEAL] ATTEST: TR Town Secretar� Town of Trophy Club, Texas v APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Page 5 of 5 I )si�ya is yvnyo �_� m -x W