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ORD 2006-26TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-26 P&Z AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT "C", "DEVELOPMENT STANDARDS", BY AMENDING THE FIRST PARAGRAPH TO INCREASE THE SIZE OF THE PD TO APPROXIMATELY 17.45 ACRES, AND BY AMENDING SECTION A(1)(a), "SIZE OF TRACTS", BY INCREASING THE SIZE OF TRACTS 4 FROM 1.5 TO 1.7 ACRES, AND TRACT 5 FROM 2.0 TO 2.8 ACRES; AND ADOPTING A CONCEPT PLAN FOR TRACT 5; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE; 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 -o QU1W d' own as Planned Development District No. 25, (PD -25), a-, has requested an amendment to the regulations outlined in PD Ordinance No.2002-41 P&Z, by amending Exhibit "C" entitled "Development Standards", by amending the first paragraph to increase the size of the PD to approximately 17.45 acres, and by amending section A(1)(a) "Size of Tracts" by increasing the size of Tract 4 from 1.5 to 1.7 acres and Tract 5 from 2.0 to 2.8 acres, and adopting a Concept Plan for Tract 5; 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 approval of the proposed amendments to PD Planned Development Ordinance No. 2002-41 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.2002-41 P&Z to make the changes as further specified in this Ordinance and 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 That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT A. Exhibit "C entitled "Development Standards", first paragraph to read as follows: The development of the Land described in Exhibit "A" — Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 17.45 acres of land shall be in accordance with Exhibit "B" — Concept Plan of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: B. Exhibit "C entitled "Development Standards", Section A, Subsection (1), paragraph (a) is amended to read as follows: Tract 4 shall contain approximately 1.7 acres of land Tract 5 shall contain approximately 2.8 acres of land C. Concept Plan: A planned development concept plan for the Land and all parts thereof, is attached hereto as Exhibit "CA", 'Tract 5 Concept Plan" and incorporated herein as if copied in its entirety. Such planned development concept plan shall be adhered to in carrying out the construction of Tract 5 with this Ordinance, and compliance with each and every part of such plans shall constitute a condition precedent to the issuance of any building permit for this Tract 5. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting Tract 5 of PD -25, The Trophy Wood Business Center and shall not repeal any of the provisions of such ordinances except in those instances where 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 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 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. 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 and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 21 st day of August, 2006. Mayor Town of Trophy Club, Texas ATTEST: ( r' down Secretary Town of Trophy Club, Texas O ©F TRO' n a �� [SEAL] � r c Ry APPROVED AS TO FORM Town Attorney Town of Trophy Club, Texas