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ORD 2001-09 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001-09 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 #13, EXHIBIT C DEVELOPMENT STANDARDS, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT #13 TO ADD SECTION A (5) ENTITLED "TRACT 1 SIGNS", REGULATING SIGNS LOCATED WITHIN TRACT ONE AS FOLLOWS: PROVIDING REGULATIONS FOR MONUMENT SIGNS, BANNERS AND TEMPORARY SIGNS, SIGNS DISPLAYED IN WINDOWS, WALL SIGNS, INTERNAL LIGHTING, RACEWAY REQUIREMENTS, INTERNAL ILLUMINATED SIGNS AND TEMPORARY LEASING SIGNS; PROVIDING FOR AN APPEAL OF THESE REGULATIONS;AND AMENDING SECTION B (16) ENTITLED "SIGNS"; 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 GENERAL PROVISIONS; PROVIDING A SAVINGS 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, the owner of a portion of Tract 1 of PD #13 (the "Land"), described as approximately 3.8 acres of Iand currently zoned PD Planned Development 413 for Retail uses, such tract more specifically described in Exhibit "A" attached hereto and incorporated herein, 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, Sections A (5) and B (16) as follows: Section A (5) is added to regulate signage within Tract 1, a portion of the Land located in Planned Development #13, and Section B (16) is amended to clarify its relationship to the new regulations for Tract 1 as identified in the new Section A (5), 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 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 Q \TOWNSECTending OrdinanceslTRACT 1 AMENDMENT To PD -13 50201 ORD 2001-19 P&Z.doc 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 CIub, Texas, the same being the Town's PD #13, Exhibit "C" Development Schedule, Section A is hereby amended to add Item (5) with the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Tract 1 Signs: The following sign regulations apply to signs within Tract 1 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 1. (a) Monument Signs. Two monument type signs may be located within the landscaped area as shown on Exhibit "C.1". Each sign shall not exceed a maximum of ten (10) feet in height and eight (8) feet in length, as shown on Exhibit "C.2". The signs shall be mounted on a stone base with a maximum height of one (1) foot, six (6) inches above finished grade of the adjacent concrete curb within the parking lot. The signs shall not exceed a maximum of eighty (80) square feet in total area, excluding the height of the stone base. (b) Banners and Temporary Signs: No banner or temporary sign shall be allowed on the exterior of any building, except as specifically provided herein. Banners for grand openings may be displayed no more than fifteen (15) days prior to and thirty (30) days following the date of a grand opening. In no instance shall the period of display exceed a total of forty- six (46) days, including the date of the grand opening. The tenant conducting the grand opening, or that person's designee, shall obtain a permit from the Town designating the date and the duration of the grand opening event. Banners for temporary events shall be permitted a Q \TOWNSEC1Pending Ordinanees\TRACT 1 AMFNI DNI NT To PD -13 50201 ORD 2001-09 P&Z.doc maximum of two (2) times annually for each tenant, and may be displayed for a period not to exceed fifteen (15) days for each event. The tenant conducting the event or that person's designee shall obtain a permit from the Town designating the date(s) and duration of the event. (c) Signs Displayed in Windows: Signs exceeding two (2) square feet in total area shall require a sign permit from the Town. Signs less than or equal to two (2) square feet shall be allowed without a permit. (d) Wall Signs: The size of a wall sign shall not exceed seventy --five (75%) percent of the width or the height of the available wall area or store frontage for a tenant's space. Such signs shall be centered both vertically and horizontally on the store frontage for a tenant's space. The maximum copy height shall not exceed two (2) feet, six (6) inches. The minimum copy height shall be one (1) foot, two (2) inches. The mounted copy depth shall be five (5) inches. Wall signs shall not project more than twelve inches from the wall surface, as shown on Exhibit "C.3". (e) Internal Lighting: Internally lit, individual aluminum channel letters with a 118" Plexiglas front shall be permitted on the building face. The raceway shall be painted to match the surface upon which it is mounted. (f) Raceway Requirements: The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. (g) Internal Illuminated Signs: Illuminated signs which are visible through the window of a tenant's space shall be set back a minimum of one (1) foot from the face of the window. This distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. (h) Temporary Leasing Sign: One leasing sign with maximum dimensions of eight (8) feet in height and four (4) feet in width, not exceeding a maximum area of thirty-two (32) square feet shall be permitted. The leasing sign shall be constructed of wood or aluminum and may not exceed ten (10) feet in height overall. (i) Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. and; Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town's PD 413, Exhibit "C" Development Schedule, Section B, Item (16), paragraph one, is hereby amended as follows, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Q:1TOWiNSEC\Pending Ordinanccs\TRACT t A1tifr,NDMENT TO PD -13 54201 ORD 2001-09 P&:Z.dac 16. Signs.. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the final site plan for the Land, shall have been approved by the Town Council. Upon approval of the sign plan, the plan shall become a part of this ordinance as if copied herein in its entirety. Except as specifically provided in this Ordinance, the signs reflected on the sign plan shall conform to applicable ordinances of the Town with the following: 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 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. 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. 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. Q;ITOWNSEC\Pcnding OrdinancesURACT 1 AMENDMENT TO PD -13 50201 ORD 2001.09 P&Z.doc SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date Clause in the minutes of the Town Council and 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 7`h day of May, 2001. Marshall Engelbeck, Mayor Town of Trophy Club, Texas ATTES Diane Cockrell, t9wn Secretary Town of Trophy Club, Texas rSEAL] APPROVED AS TO FORM: atricia Adams, Town Attorney Town of Trophy Club, Texas QATOWNSECTending OrdinoncesURACT 1 AMEINDIVIENT TO PD -13 50201 ORD 2001-09 P&Z,.doc