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ORD 2025-22 Pace Golf - Amending PD-13 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 95-20 OF THE TOWN, AS AMENDED, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13, GENERALLY KNOWN AS THE VILLAGE AT TROPHY CLUB, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT NO. 13 TO ADOPT AN AMENDMENT TO EXHIBIT C, DEVELOPMENT STANDARDS, TO AMEND SECTION A. 1.(b)(1) ENTITLED "PERMITTED USES", TO ALLOW FOR INDOOR COMMERCIAL AMUSEMENT USES AND TO ALLOW FOR BAR/TAVERN USES THROUGH A SPECIFIC USE PERMIT (SUP) ON TRACT 1, AS DEPICTED IN EXHIBIT "B"; 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 A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the owner of Tract 1 of PD No. 13, generally known as The Village at Trophy Club, Lot 1, and more particularly described as approximately 3.79 acres of land currently zoned PD Planned Development No. 13 for Office/Commercial uses (the "Land"), filed an application with the Town Planning and Zoning Commission requesting a change in zoning, more specifically to allow a change in the terms of Exhibit "C" Development Standards, to amend Section A, "Purposes, development standards, uses within individual tracts", Subsection 1. "Tract 1 (Retail uses, as depicted in Exhibit "B")", Subparagraph (1) "Permitted Uses", on Tract 1, which is a portion of the Land located in Planned Development No. 13. WHEREAS, all legal notices, requirements, and conditions having been complied with, the amendment to PD No. 13 came before the Planning and Zoning Commission and Town Council; and ORDINANCE NO. 2025-22 PAGE 2 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 hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended approval 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 approval by the Planning and Zoning Commission and the information and other materials received at a 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 will further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: 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 PD No. 13, Exhibit "C" Development Standards, is hereby amended by amending Section A, "Purposes, development standards, uses within individual tracts", Subsection 1. "Tract 1 (Retail uses, as depicted in Exhibit "B")", Subparagraph (1) "Permitted uses" with the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: "(AA) Indoor Commercial Amusement. An indoor amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. Uses may include, but are not limited to, archery ranges, bowling alleys, and/or indoor golf simulator venues. (BB) Bar/Tavern. A Bar/Tavern use may be permitted through a Specific Use Permit (SUP) application and approval per the Town of Trophy Club Code of Ordinances, Section 14.02.252, Sale of alcoholic beverages." ORDINANCE NO. 2025-22 PAGE 3 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. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the platting and subdivision of land which have been secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases in this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7. 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 less than One Dollar ($1.00) nor 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 penalty provided by this section ORDINANCE NO. 2025-22 PAGE 4 shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 3.16 of the Town's Charter, or Section 52.013 of the Texas Local Government Code, as applicable. 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 To n Council of the Town of Trophy Club, Texas, this 25th day /of Au•.. . 5. r► 1ROP 4Cr �.0,1 �� t; 'i any/ AFW ATTEST: �� ,40 rb‘i;"2—" Tammy Dixon, To Secretary APPROVED AS TO FORM: Dear4g Rey-