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ORD 2013-39• 1) I il, ril• 1 X; i i • ♦ i X • i •'-i •, •moi � X •'• � j '. /i1 1f i' � i � ►i i WHEREAS, the owner of the tract of land (the "Land"), described as a 13.97 acre tract of land currently zoned PD Planned Development #21 for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza and as described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning to allow an electronic cigarette supplies store and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the 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 said 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 the Comprehensive Zoning Ordinance 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 is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. MRO 1��I OF .•. SECTION 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Mr-01M.&A Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD #21, Exhibit C 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: Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "B") (c) Permitted uses: (ii) Other uses permitted include: "Electronic Cigarette Supplies Store" SECTION 3. 4PRLIAC-4 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. I toa] Z RY-1 XVJ I L, 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. 0:14,1116M 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. 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. *" 11*1 Z' I _q 2 2 ZM I kTJ =I! This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st day of October, 2013. ATTEST: A I(animy AM, Town Secretary Town of Trophy Club, Texas "-,�w -- Patricia Adams, Town Attorney Town of Trophy Club, Texas Conie White, Mayor Town of Trophy Club, Texas