Loading...
ORD 2013-05TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-05 P&Z 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 PD Planned Development No. 21 (PD -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. 99-17 P&Z was amended by - passage of Ordinance • 111 allowed addition of • _ • dry cleaning facility to the approved uses in PD -21; and WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of propane at the Walgreen Co. store; and WHEREAS, on or about July 18, 2011, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2011-27 P&Z which allowed a liquor store as a permitted use on Tract 1; and WHEREAS, on or about December 13, 2011, Ordinance No. 99-17 was amended by the passage of Ordinance No. 2012-02 P&Z which allowed a 24-hour fuel station as an accessory use to a grocery store or other anchor type use, which allowed the number of buildings to increase from 5 to 6 on the site, and which allowed parking at one space for each 215 sq. ft. of building area; and WHEREAS, on or about November 13, 2012, CS Realty, on behalf of Randalls/Tom Thumb, and with the permission of the owner of the Land, ACF Property Management, Inc., on behalf of the owners, Trophy Club 12A, LLC, filed an application with the Town Planning and Zoning Commission requesting an amendment to PD -21 to allow monument signage along Trophy Lake Drive to be a maximum of eight feet (8 -ft.) in height; 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 to the Town Council the adoption of the amendment to PD 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 PD 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 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's PD Planned Development No. 21, Exhibit "C" entitled "Development Standards", Section 7 entitled "Signs", Subsection "a" entitled "MONUMENT SIGNS" to allow monument signage to a maximum of eight (8) ORD 2013-05 P&Z Page 2 of 5 feet in height, for Tract I of PD -21, so that Subsection 7.a. "MONUMENT SIGNS" of Exhibit "C" "Development Standards" shall be and read as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: 7. s: 49a. Monument signs — Four (4) Monument type signs located within landscaped area as shown on the PD Site Plan. Three of the signs located at the entrances/exits of Trophy Lake Drive to be a maximum of eight (8) feet in height, above finish grade of the adjacent concrete curb within the highway right-of-way, and twelve (12) feet in length. The monument sign along Highway 114 will be taller than 6' above the adjacent grade to get the sign 6' above Highway 114 street grade." 2.02 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", to adopt a new Subsection (b) entitled "LED Signage" of Section 7 entitled "Signs" which shall be and read as set forth below, and to renumber the existing Subsection "b" entitled "Building Signage" and the remainder of the Subsections of Section 7, which are not amended but are hereby ratified and affirmed: "b. LED Signage — Allowed for Tom Thumb fuel signage. No other LED signage is allowed in the Plaza Shopping Center without approval of the Town Council upon recommendation by the Planning and Zoning Commission. c. Building Signage . ........ SECTION 3. In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. ORD 2013-05 P&Z Page 3 of 5 SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting land and zoning and specifically PD Planned Development #21, 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. 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 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. • 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 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. ORD 2013-05 P&Z Page 4 of 5 SECTION 9. 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 25th day of February, 2013. ATTEST: [�6nnon Del? r, Town Secretary wr own of Trophy Club, Texas [SEAL] I 40 RY Nq C6nnie White, Mayor Town of Trophy Club, Texas FANUISIBSITIM1.1 k • 0�1 I Patrbdla A. Ada—mg, Town Attorney Town of Trophy Club, Texas ORD 2013-05 P&Z Page 5 of 5