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ORD 2010-28 PD-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-28 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20, AMENDING ORDINANCE NO. 97-16 P&Z, AMENDING ORDINANCE NO. 97-23 P&Z, AMENDING ORDINANCE NO. 2001-09 P&Z, AMENDING ORDINANCE NO. 2002-23 P&Z, AND AMENDING ORDINANCE NO. 2006-15 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13, BY AMENDING EXHIBIT "C" DEVELOPMENT STANDARDS, TO ALLOW CONVENIENCE STORE WITH GASOLINE SALES LOCATED IN TRACT 2 TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT #13 ON A 24­ HOUR, SEVEN DAY PER WEEK BASIS, AND ALLOWING OUTDOOR DISPLAY OF PROPANE AND ICE FOR SALE INSIDE THE STORE; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENAL TY 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; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Tract 2 of PD #13 (the "Land"), described as approximately 1.8 acres of land currently zoned PD Planned Development #13 for Retail/Commercial Use with Gasoline Island, such tract located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114, filed an application with the Town Planning and Zoning Commission requesting an amendment to the PD, more specifically to allow a change in the terms of Exhibit "c" Development Standards, Section A(2)(b)(1) regulating a portion of the Land located in Planned Development #13, modifying the terms of the use of such portion of the Land as follows: to allow only the Convenience store with gasoline sales (currently owned by 7 -Eleven, Inc.) to be open to the public and operated for its intended purposes as allowed by PD #13 on a 24-hour, seven day per week basis, and to allow outdoor display of propane and ice; and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #13 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 public Ordinance 2010-28 (File ID 2010-493 1 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. 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. AMENDING Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town's PO #13, Exhibit "c" Development Schedule, Section A(2)(b)(1) 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: A. Purpose; development standards, uses with individual tracts: 2. Tract 2 (Retail/commercial use with gasoline island): The following standards shall apply to Tract 2: (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 gasoline sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed; no video arcade machines allowed); Hours of Operation: The hours of operation of the convenience store with gasoline sales may be open to the public and operated for its intended purposes as allowed by law on a 24-hour, seven day per week basis. Outdoor Display: The convenience store with gasoline sales may display propane and ice on the east (only) sidewalk, for sale inside the store. The size of the propane cabinet shall not exceed: 6'-8" wide; 2'-3" deep; 6'-0" height; and the size of the ice cabinet shall Ordinance 2010-28 (File 10 2010-493 2 not exceed: 8'-0" wide ; 3'-0" deep ; 5 '-5 " height. (2) All uses permitted in Tracts 1, 3 and 4 (3) Restaurant with drive-through service SECTION 3. APPLICABLE REGULATIONS 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. 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 . 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. SECTION 7. PUBLICATION Ordinan c e 2010-28 (Fil e 10 2010-493 3 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 by copying the Caption and Effective Date Clause in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of October, 2010. Cfo nnie White, Mayor Town of Trophy Club, Texas ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 'M±u e~61 Patricia Adams, Town Attorney Town of Trophy Club, Texas Ordinance 2010-28 (File ID 2010-493 4