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ORD 1997-23 PD-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 97-23 Pz Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY ADDING AS A PERMITTED USE WITHIN TRACT 2 (WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE- THROUGH SERVICE AND BY ADDING CERTAIN SIGN STANDARDS TO THE SAID TRACT 2; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 95-20 of the Town of Trophy Club, Texas, the Town Council heretofore zoned as PD Planned Development a 9.947 acre tract located at the northwest comer of the intersection of Trophy Club Drive and State Highway 114 within the Town of Trophy Club, Texas (the "Town") and generally referred to as The Village at Trophy Club; and WHEREAS, the Owner of a portion of The Village at Trophy Club, the said portion being described as Lot 2 on the final plat of The Village at Trophy Club,_ filed an application with the Town Planning and Zoning Commission requesting a change in the zoning standards applicable to Lot 2 as set forth in Ordinance No. 95-20; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to consider an amendment to Ordinance No. 95-20 came on before the Planning and Zoning Commission and Town Council; and WHEREAS, the Town Council had an opportunity prior to the adoption of this Ordinance to consider among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town, and does hereby find that the changes made herein accomplishes such objectives; 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 -1- DOC #: 540330 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. 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. Rezonine. Ordinance No. 95-20 of the Town of Trophy Club, Texas, granting PD Planned Development zoning on a tract of land generally known as The Village at Trophy Club and comprising 9.947 acres of land as more particularly described in Exhibit A attached hereto and incorporated herein, is hereby amended in the following particulars, and all other exhibits, sections, subsections, paragraphs, sentences, phrases and words of Ordinance No. 95-20 are not amended but are hereby ratified, verified, approved and affirmed: A. Exhibit C, Development Standards, Section A.2. (Tract 2 (Retail/commercial use with gasoline island)) is hereby amended as follows: (1) Subparagraph (b) relating to permitted uses shall hereafter read as follows: "(b) Permitted uses: In the development of Tract 2, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Convenience store with (2) All uses permitted in gasoline sales (no truck Tracts 1, 3 and 4 diesel, no cigarette wrapping papers, nor any adult (3) Restaurant with drive - magazine or video sales through service" allowed, no video arcade machines allowed) (2) A new subparagraph (e) is hereby added to read as follows: "(e) Restaurant with Drive -Through Service: In addition to the standards set forth herein, a restaurant with drive-through service shall comply with and be subject to the following standards: (i) Location: The restaurant shall be located solely in that area shown as "lease space" adjacent to "Tetco Store" as depicted on the Dimensional Site Plan attached hereto as Exhibit L and incorporated herein. The restaurant use of Tract 2 (and being Lot -2- DOC N: 540330 2 of The Village at Trophy Club) shall be in accordance with Exhibit L. (ii) Siens: Notwithstanding other ordinances or regulations of the Town relating to signs, the following signs exterior to the building in which the restaurant is located shall be permitted (maximum size of signs is indicated in attached exhibits): (aa) One canopy sign as depicted in Exhibit M attached hereto and incorporated herein; (bb) One building sign as depicted in Exhibit M to be attached to the exterior of the building; (cc) One directional sign as depicted in Exhibit M to be located as shown on Exhibit L; (dd) One menu board sign as depicted on Exhibit N attached hereto and incorporated herein, to be located as shown on Exhibit L; and (ee) One monument sign to be located as shown on Exhibit L (a single monument sign is allowed for all uses (restaurant and all other uses) on Tract 2 as shown on Exhibit Q. No other signs exterior to the building regarding the restaurant shall be permitted on Tract 2 or at any other location on the Land." Section 3. Puroose. The amendment herein made has been made for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 4. Savings. 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. Section 5. 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. -3- DOC H: 540330 Section 6. 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 Council of the Town of Trophy Club, Texas this the 21st day of October 1oo'7 ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ---'—Y . Town o Trophy Club, Texas -4- DOC N: 540330 W4 1 I' .2 1 E �I w -1 � �•►11�1�d111� JINNATIONAL SIGN SYSTEMS Grandview Ave Columbus, OH 43215 614 486-3338 / 1 800 544-6726 FAX 614 486-0038 aWoPy W[L24NC WENDrS-NOCAMEO ��I�taLNG WIL24C W ENDY'S - WITH CAMEO M L PRODUCT FEATURES ► Extruded aluminum cabinet and frames. ► Super Abrasion Resistant cover door faces. ► Menu faces lift out for servicing Inside cne Swle. ► Single cover door over the menu faces. ► 23 lines of copy per panel - 92 lines total. ► 4 standard tranparencies in the upper cabinet. ► Speaker system mounts in the sign or remotely. SIGN ORDINANCE #95-11 Max. Size for Monument Sign WOM FOUNDATION REQUIREMENTS: .. :c T-0" Deep. (Foundation specifications sub)ect to local soil conditions and code require- ments.) Mounted on 4 - 1/2" "J" bolts - 6" on center. See installation Instructions. ELECTRICAL REQUIREMENTS: 4.3 Amps ® 120 Volts/60Ht Max. surface area — 24 square feet Max. height — 4 ft. from average ground level 11111NNATIONAL S/AN SYSTEM 855 Grandview Ave., Columbus, OH 43215 614 486-3338 / 1800 544-6726 FAX 614 486-0038 PLEASE NOTE: • DRAWING NOT TO SCALE • COLORS ARE REPRESENTATIVE ONLY