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ORD 2010-20TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-20 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, .TEXAS AMENDING ORDINANCE NO. 2000-14 P&Z AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #21, BY AMENDING EXHIBIT C, DEVELOPMENT STANDARDS, SECTION B, ADDITIONAL DEVELOPMENT STANDARDS, SUBSECTION 11. "OUTDOOR DISPLAY", TO ALLOW WALGREENS TO DISPLAY PROPANE ON THE SIDEWALK FOR SALE INSIDE THE STORE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that certain tract of land (the "Land"), described as a 13.97 acre tract of land as PO Planned Development #21 for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza; and WHEREAS, on or about July 18, 2000, Ordinance No. 99-17P&Z was amended by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and dry cleaning facility to the approved uses in PO Planned Development #21; and WHEREAS, on or about May 10, 2010, the owner of the Land gave permission to Walgreen Co. to file an application with the Town Planning and Zoning Commission requesting an amendment to PD-21 to allow outdoor display of propane for sale inside the store; and WHEREAS, all legal notices, requirements and conditions having been complied with, the proposed amendment to PD-21 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 those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended Ordinance 2010-20 1 (File ID 2010-361 and 362) to the Town Council the adoption of the amendment to PO Planned Development #21 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 amending PO Planned Development #21 as set forth specifically below 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. AMENDMENT 2.01 Amendment. Ordinance No. 2000-14 P&Z amending Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, the same being the Town's PO #21, Exhibit "C" entitled Development Standards, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed and the official Zoning District Map of the Town is hereby amended. Subsection 11 of Section B of Exhibit "C" of Ordinance No. 2000-14 P&Z amending Ordinance No. 99-17 shall be and read in its entirety as follows: B. Additional development standards applicable to this Planned Development District 11.0utdoor Display: Outdoor display is allowed only on the sidewalk in front of the grocery store as shown on the PO Site Plan, and as expressly set forth below:. Outdoor display of propane, for sale inside the store, at Walgreen #06047, 541 Trophy Lake Dr. is allowed. No more than two cabinets allowed (maximum size of each cabinet shall be 80" length, 27" depth and 71.5" height). Cabinets shall remain on sidewalks, may be placed on either side of the front entry, and shall be in compliance with all ADA requirements. Ordinance 2010-20 (File 10 2010-361 and 362) 2 SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in this Ordinance, Ordinance No. 2000-14P&Z, Ordinance No. 99- 17P&Z, 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 PD Planned Development #21, 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. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 2nd day of August, 2010. Ordinance 2010-20 3 (File 10 2010-361 and 362) ATTEST: "T.own Secret§ry, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adarns Town of Trophy Club, Texas Ordinance 2010-20 (File 10 2010-361 and 362) Mhyor, Connie White Town of Trophy Club, Texas 4