ORD 2010-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-20 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, .TEXAS
AMENDING ORDINANCE NO. 2000-14 P&Z AMENDING
ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING
PD PLANNED DEVELOPMENT #21, BY AMENDING EXHIBIT C,
DEVELOPMENT STANDARDS, SECTION B, ADDITIONAL
DEVELOPMENT STANDARDS, SUBSECTION 11. "OUTDOOR
DISPLAY", TO ALLOW WALGREENS TO DISPLAY PROPANE
ON THE SIDEWALK FOR SALE INSIDE THE STORE;
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE
REGULATIONS; PROVIDING A SAVINGS CLAUSE; 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 A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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
PO Planned Development #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. 99-17P&Z was
amended by the passage of Ordinance No. 2000-14 which allowed the addition
of a laundry and dry cleaning facility to the approved uses in PO Planned
Development #21; and
WHEREAS, on or about May 10, 2010, the owner of the Land gave
permission to Walgreen Co. to file an application with the Town Planning and
Zoning Commission requesting an amendment to PD-21 to allow outdoor display
of propane for sale inside the store; 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
Ordinance 2010-20 1
(File ID 2010-361 and 362)
to the Town Council the adoption of the amendment to PO 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 PO 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 Amendment. Ordinance No. 2000-14 P&Z amending Ordinance
No. 99-17 P&Z of the Town of Trophy Club, Texas, the same being the Town's
PO #21, Exhibit "C" entitled 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 and the official Zoning District Map of the Town is hereby amended.
Subsection 11 of Section B of Exhibit "C" of Ordinance No. 2000-14 P&Z
amending Ordinance No. 99-17 shall be and read in its entirety as follows:
B. Additional development standards applicable to this Planned
Development District
11.0utdoor Display: Outdoor display is allowed only on the
sidewalk in front of the grocery store as shown on the PO
Site Plan, and as expressly set forth below:.
Outdoor display of propane, for sale inside the store, at
Walgreen #06047, 541 Trophy Lake Dr. is allowed. No
more than two cabinets allowed (maximum size of each
cabinet shall be 80" length, 27" depth and 71.5" height).
Cabinets shall remain on sidewalks, may be placed on
either side of the front entry, and shall be in compliance
with all ADA requirements.
Ordinance 2010-20
(File 10 2010-361 and 362)
2
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations
contained in this Ordinance, Ordinance No. 2000-14P&Z, Ordinance No. 99-
17P&Z, 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 PD Planned Development #21, 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.
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.
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
2nd day of August, 2010.
Ordinance 2010-20 3
(File 10 2010-361 and 362)
ATTEST:
"T.own Secret§ry, Lisa Hennek
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adarns
Town of Trophy Club, Texas
Ordinance 2010-20
(File 10 2010-361 and 362)
Mhyor, Connie White
Town of Trophy Club, Texas
4