ORD 2016-03 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-03 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING A SPECIFIC USE PERMIT FOR THE SALE OF MIXED
BEVERAGES IN RESTAURANTS BY FOOD & BEVERAGE
CERTIFICATE HOLDERS ONLY LOCATED WITHIN PD PLANNED
DEVELOPMENT #25, TROPHY WOOD BUSINESS CENTER, ON LOT
2-R2, BLOCK B; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING CONDITIONS APPLICABLE TO USE;
PROVIDING THAT SUCH TRACT OF LAND SHALL ALSO BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN; PROVIDING APPLICABLE REGULATIONS/
DISCONTINUATION/REVOCATION; PROVIDING A SAVINGS AND
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 applicant seeks to open a restaurant with alcoholic beverage
sales for on -premise consumption containing 7,716 square feet; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the Special Use Permit came before the Planning and Zoning Commission; 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 amending the Comprehensive Zoning Ordinance of the Town 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.
SPECIAL USE PERMIT CONDITIONS
2.01. A Specific Use Permit (SUP) for the Sale of Mixed Beverages in Restaurants by
Food & Beverage Certificate Holders Only located on Lot 2-R2, Block B within PD
Planned Development #25, Trophy Wood Business Center, is hereby approved as set
forth herein, and the SUP and the use for which it is granted is subject to all Applicable
Regulations and to the following conditions:
A. The Restaurant use granted by this SUP shall not exceed 7,716 square feet
of gross floor area.
SECTION 3.
APPLICABLE REGULATIONS/DISCONTINUATION/REVOCATION
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, including without limitation regulations governing PD
Planned Development #25 and all amendments thereto. The Specific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development #25 and/or the Comprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinue if the use for which this
Specific Use Permit is granted ceases to be operated at the permitted location for a
minimum period of six (6) months. Further, this Specific Use Permit shall be subject to
revocation in accordance with the Town Code of Ordinances.
SECTION 4.
SAVINGS AND REPEALER
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 whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
ORD 2016-03 P&Z Page 2 of 4
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 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
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
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.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance 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.
ORD 2016-03 P&Z Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 9th day of February 2016.
L�
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fim r s, Town Secretary
Town of Trophy Club, Texas
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APPROVED AS TO FORM:
T&II A�
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2016-03 P&Z Page 4 of 4