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ORD 2005-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-22 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 1999-17 P&Z, THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 98-29 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 21, KNOWN AS THE TROPHY CLUB PLAZA, A CERTAIN TRACT OF LAND DESRIBED AS A 13.97 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, EAST OF TROPHY LADE DRIVE AND SOUTH OF TROPHY CLUB DRIVE; PROVIDING FOR THE INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH (a) OF SECTION (B)(7), ENTITLED "MONUMENT SIGNS" TO PROVIDE ADDITIONAL HEIGHT FOR THE MONUMENT SIGN ALONG STATE HIGHWAY 114; AND BY AMENDING EXHIBIT "I" ENTITLED "SIGN CRITERIA", BY REPLACING THE SIGNAGE ELEVATION ON SHEET A5.5 ENTITLED "03 MONUMENT SIGN ELEVATION" WITH A REVISED "03 MONUMENT SIGN ELEVATION'; PROVIDING FOR AN AMENDMENT TO THE ZONING MAP; 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 of Trophy Club (hereinafter referred to as "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the owner of the tract of land, (the "Land"), described as a 13.97 acre tract of land currently zoned PD -21, The Trophy Club Plaza, has requested an amendment to the signage requirements outlined in PD Ordinance No. 1999-17 P&Z, by increasing the size of the monument sign along State Highway 114 in order to increase tenant signage visibility, by amending Exhibit "C" entitled "Development Standards", by changing paragraph (a) of section (13)(7), entitled "Monument Signs" to provide additional height for the monument sign along state highway 114; and by amending exhibit "I" entitled "Sign Criteria", by replacing the signage elevation on sheet A5.5 entitled "03 Monument Sign Elevation" with a new "03 Monument Sign Elevation": 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 PD Planned Development Ordinance No. 1999-17 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. 1999-17 P&Z to revise the monument signage along State Highway 114, 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. 1999-17 P&Z of the Town, the same being the Town's PD Planned Development No. 21, 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 B, Subsection 7 is amended to read as follows: a. Monument Signs — Four (4) Monument type signs located within landscaped area as shown on the PD Site Plan. To be a maximum of six (6) feet in height, above finish grade of the adjacent concrete curb within the highway right-of-way, twelve (12) feet in length and seventy two (72) square feet in total area. The monument sign along State Highway 114 will be taller than six feet (6') above the adjacent grade to increase the total height of the sign to seventeen feet (17') nine inches (9") above the street grade of State Highway 114 so that it may be visible by all thru traffic driving on the main lanes of State Highway 114 as well as the frontage roads. B. Exhibit "I" entitled "Sign Criteria", by replacing the signage elevation on sheet A5.5 entitled "03 Monument Sign Elevation" with a new "03 Monument Sign Elevation" in order to indicate a monument sign that will not exceed seventeen feet (1T) nine inches (9") above the grade of State Highway 114. 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 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 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. 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 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 Council of the Town of Trophy Club, Texas, this 6°i day of September, 2005. Mayor Town of Trophy Club, Texas EFFECTIVE DATE: September 10, 2005 ATTEST: Lisa Ramsey, Interim Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas F- r,- UgRY [SEAL]