ORD 2011-26TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-26 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2010-28 P&Z OF THE TOWN, AMENDING ORDINANCE
NO. 2006-15 P&Z, AMENDING ORDINANCE NO. 2002-23 P&Z,
AMENDING ORDINANCE NO. 2001-09 P&Z, AMENDING ORDINANCE
NO. 97-23 P&Z, AMENDING ORDINANCE NO. 97-16 P&Z, AND
AMENDING ORDINANCE NO. 95-20, THE SAME BEING PD PLANNED
DEVELOPMENT NO. 13 WHICH AMENDED THE COMPREHENSIVE
ZONING ORDINANCE OF THE TOWN; PROVIDING FOR AN
AMENDMENT TO PD NO. 13, EXHIBIT "C" "DEVELOPMENT
STANDARDS," SUBSECTION "A(1)(b)(1) PERMITTED USES" TO ADD
SUBSECTION "AA" TO ALLOW A LIQUOR STORE USE AS A
PERMITTED USE, LOCATED IN TRACT 1, TO BE OPEN TO THE PUBLIC
AND OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY
THE TERMS OF PLANNED DEVELOPMENT NO. 13; 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
CUMULATIVE REPEALER 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; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property management company, on behalf of the owner of Tract 1
of Planned Development No. 13 (the "Land"), described as approximately 3.8 acres of land
currently zoned Planned Development No. 13 (PD-13) for Retail Uses, such tract located
generally at the northwest comer 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(1 )(b)(1) Permitted Uses, modifying the
terms of the use of such portion of the Land to allow a liquor store; 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
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 BYTHE 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. Ordinance No. 95-20 of the Town of Trophy Club, Texas, as previously amended,
the same being the Town's PO Planned Development No. 13, Exhibit "C" "Development
Standards", Section A(1)(b)(1) "Permitted Uses" is hereby amended to add subsection
"AA" which shall be and read in its entirety as set forth below, 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 within individual tracts:
1. Tract 1 (Retail uses, as depicted in Exhibit "8"): The following standards
shall apply to Tract 1 :
(b) Uses generally: In the development and use of Tract 1, no land shall be
used and no building or structure shall be installed, erected or converted
to any use other than the following:
(1) Permitted uses: ...
"(AA) Liquor store (with SUP)"
ORO 2011-26 P&Z Page 2 of 4
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 REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting the
regulation of land and zoning and specifically PD # 13, 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
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.
ORD 2011-26 P&Z Page 3 of 4
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as set forth in the home rule Charter of the Town 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
18th day of July, 2011.
ATTEST:
[SEAL]
APPROVED AS TO FORM:
~J!e-~~
Patricia-Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2011-26 P&Z
, Connie White, Mayor
Town of Trophy Club, Texas
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