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ORD 2008-23TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2008-23 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2006-39, WHICH AMENDED ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT "C", "DEVELOPMENT STANDARDS", BY AMENDING EXHIBIT "5.6 SIGN CRITERIA" AS OUTLINED IN THIS ORDINANCE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; 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; WHEREAS, on October 2, 2002, the Town adopted Ordinance No. 2006- 39, amending Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it's then current zoning of "CG", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, subsequent to the settlement of a dispute between Quanah Properties and the Town of Trophy Club regarding the signage at the Value Place Hotel located on Tract 5 of PD Planned Development No. 25, Trophy Wood Business Center, an amendment to PD-25 was requested for the purpose of seeking approval of the east elevation signage of the hotel located on Tract 5 of this PD Planned Development in order that the regulations contained within PD-25 relative to the signage for Tract 5 would be consistent with the terms agreed upon by the Town and Quanah Properties; and WHEREAS, after public notices were given in compliance with State law and a public hearing was conducted, and after considering the information submitted at that public hearing and all other relevant information and materials, 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 Ordinance No. 2006-39 of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are hereby ratified and affirmed. Sign Criteria. Signage requirements for Tract 5 of this PD Planned Development are set forth in Exhibit "5.6", "Sign Criteria", which is attached and incorporated herein as if copied in its entirety. Monument Sign "A" is located at the southwest corner of the property along Highway 114 and is improved by the addition of stone to the lower three feet (T) of the pedestal, measured from grade, and the addition of paint on the remainder of the originally grey pedestal, the stone and paint to be the same or similar color of the Hotel. Sign "C" (north elevation) is deleted. An east elevation wall sign is added. The east elevation signage is a wall sign cabinet structure with Optec L.E.D. Electronic Message Center, 48 X 96 Pixel Matrix and 25 mm pitch. The illumination on both the east wall LED sign and on the south wall LED sign shall be set and maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company, a copy of which is attached hereto and incorporated herein as part of Exhibit "5.6". The frequency of change of the display on the south wall LED sign and the east wall LED sign shall be set such that the messages on each sign change no more frequently than one (1) time each thirty (30) seconds, a copy of which is attached hereto and incorporated herein as part of Exhibit "5.6". SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25 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 portions 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 in accordance with the Town Charter. 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 8th day of September, 2008. (i l/G"—r""/,t/ Mayor Town of Trophy Club, Texas ATTEST: Town Secret ry Town of Trophy Club, Texas CFTR [SEAL] APPROVEDAS TO FORM: �d(t� Town Attorney Town of Trophy Club, Texas e n` dab a 0 ` y � x § ■(akE;MR E§m§)!-■�E ■ ! ||N■§§ 2�kk;§ 22 n■`q■! ®® 2§)§ § §§ ) \ §) !■ \� � t .co a ) � _ . | / f ( ! ,! ■ | . ! /| )§, \•§ ■7 |§ §§ / §y§M~ _. @ ■ $ p ;� � | " � § ". '� .� =Y �� � �4.�y. - u � -' y3 „ -. �' i 7 Y " ,� F'� \, i a J ,�, , i; +�d:-. _ '''i� �; m x w M�i § � & � ■ § cc % � � \ � k m � PD C3 g i 2 ;mm, §■■§ §B�k dBk2 k § 22 cli r 2 m ! ! ■ § | |/|| ® ! } ! | ' ,E . ■ , \il | ■ - | \ \ { . § / �k §m )| !# § # 2 G a r r W 5 z CI) a Z 4 C C m 03 m 0 y J Gi 00 b2 .p A. E Isn't 12'-7" n v�akiT m � s.cea�+6 �w2 z3E��9 g�� M I a re re p� E F 5� m� PUP p9 0 a€ €I Wcai� Tm m S Yc U HA swim RA T@ $ � m I_zB a �aa HE g �n 6 a n �61C R I� o � j6R{ igg g+ �AY m i9 ca <y z m ^� g� s^ y IO -am i9l. ; ■ I §\ \� I fill " � \ 2 , � a� ./ � � ■ ■ ; , : | • � § $ PR | \\®• $ / \ � \\ {;p■s §■� r|�|j y|R ■ § \ s � )( ƒ! i § ®k � h a ; � | • r B 7cn § 29 \ 7 \. \ « p i§§ 2 = ; § |• {`s § ■ mm §§ � " m � ■ �� | § §■� | §� ! )§ ■g ® ■ ® § SIGN COMPANY March 28,2008 City of Trophy Club Trophy Club, TX RE: Brightness Schedule Certification for Value Place LED Signs To Whom it May Concern: I Wayne Rasor, Sr. Project Manager and officer of Federal Heath Sign Company certify that the attached brightness schedule screenshot is accurate and will remain at these settings until revised and approved by both Quanah Properties and the City of Trophy Club. The brightness of these signs is controlled by a software schedule which is the screenshot attached to this letter of certification. Sincerely, Wayne Rasor Sr. Project Manager Federal Heath Sign Company SHARONSCARBROUGH MY COMMISSION EXPIRES OcloW27, 2000 Federal Healh Sign Company, LLC 2300 N. Hwy 121, Euless 7X 76039 817.685.9075—Phone 817X 9050—Fax ww Ademftieelh.eom EX 5.6