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ORD 2016-37 P&Z
TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-37 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE 2002-41 P&Z, ORDINANCE 2006-39 P&Z, AND ORDINANCE 2008-23 P&Z CONDITIONS AND REPEALING ORDINANCE 2008-23 P&Z IN ORDER TO APPROVE A NEW SIGN PACKAGE FOR LOT 1R, BLOCK B, TROPHY WOOD BUSINESS CENTER, ATTACHED HERETO AS EXHIBIT 5.6; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 2002-41 P&Z, creating the PD 25 zoning district, was approved by the Town Council on December 2, 2001; and WHEREAS, Ordinance 2006-39 P&Z, approving the site plan package for Lot 1R, Block B, Trophy Wood Business Center (Tract 5), and amending Ordinance 2002- 41 P&Z, was approved by the Town Council on October 2, 2006; and WHEREAS, Ordinance 2008-23 P&Z, amending the approved site plan package by specifically amending Exhibit 5.6 "Sign Criteria" for Lot 1R, Block B, Trophy Wood Business Center (Tract 5), and amending Ordinance 2002-41 P&Z, was approved by the Town Council on September 8, 2008; and WHEREAS, the owner of Lot 1R, Block B, Trophy Wood Business Center (Tract 5) has requested an amendment to Ordinance 2006-39 P&Z, which approved the site plan package for Lot 1R, Block B, Trophy Wood Business Center (Tract 5), and is requesting to repeal Ordinance 2008-23 P&Z, which amended Exhibit 5.6 "Sign Criteria" in Ordinance 2006-39 P&Z, for the purpose of seeking approval of a new sign package for Lot 1 R, Block B, Trophy Wood Business Center (Tract 5) and amendment is set forth herein in Exhibit 5.6; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and 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 Ordinance No. 2006-39 and repealing Ordinance No. 2008-23 P&Z in its entirety, as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. THAT the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. THAT Ordinance No. 2008-23 P&Z of the Town of Trophy Club, Texas, which amended Exhibit 5.6 "Sign Criteria" in Ordinance 2006-39 P&Z, which approved the site plan for Lot 1R, Block B, Trophy Wood Business Center (Tract 5), is hereby repealed in its entirety. SECTION 3. THAT Ordinance No. 2006-39 P&Z of the Town of Trophy Club, Texas, approving the site plan package for Lot 1R, Block B, Trophy Wood Business Center (Tract 5), is hereby amended by replacing Exhibit 5.6 "Sign Criteria" in its entirety with the attached Exhibit 5.6 "Amended Sign Criteria". SECTION 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 5. THAT this ordinance shall take effect immediately from and after its passage. SECTION 6. THAT all other provisions of the zoning regulations, PD 25 development regulations, Ordinance 2006-39 P&Z, and the Code of Ordinances shall remain in full force and effect, except as amended herein. SECTION 7. THAT 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 whether such Ordinances are codified or uncodified, and all other provisions of ORD 2016-37 P&Z Page 2 of 4 the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.. 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 8. THAT 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 less than One Dollar ($1.00) nor 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. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 9. THAT 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 10. THAT 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 11. THAT the Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 12. THAT this Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2016-37 P&Z Page 3 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of September 2016. 62.------5;;--z--------- C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: �i� OF 41OA Holly Fimp s, Town Secretary �p y'� Town of Trophy Club, Texas a,`' Ai _ r APPROVED TO S FOM: rG"�h'Y 1 , 1413 r , (13 avid Dodd, To , • ' orney Town of Trophy Club, Texas ORD 2016-37 P&Z Page 4 of 4 N- ch N v ). m t a 1 r tn 1 < o : d ' ii io lL, .iiiiip c) g ?_..__-. ! 1 �ail.it}iiJ W Fo- t• � a tto. ,Iit C) W 3 o �o o � IE �3l ;i" a♦ ! �.�9 co w v A Q ° Q 1 • 1L9 J Q) M t N . - r Z P- r r Q) Is Al � 0IXtin as z D. LU CD Ce ( L p Q. I U in F. = Z Q � �> ,�yat N m _. CI D 9 O V1 " 41 0 (11) 0 CD MT IV E E I m v, = 0. ‘V, Z 4-0 cn a Z I ,#. 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