ORD 2016-12 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-12 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING A SPECIFIC USE PERMIT FOR A HOTEL (LIMITED -
SERVICE) LOCATED ON 2.075 ACRES WITHIN THE PD 30 ZONING
DISTRICT; 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 construct a limited service hotel; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the Specific 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.
SPECIFIC USE PERMIT CONDITIONS
A Specific Use Permit (SUP) for a limited service hotel located on an approximate
2.075 acre area within the PD -30 zoning district as shown Exhibit "A", a copy of which
is attached hereto and incorporated herein, is hereby approved as set forth herein, and
the SUP and the use for which it is granted is subject to all Applicable Regulations in
accordance with Section 3 below and to the following conditions:
A. The hotel shall contain no fewer than 105 rooms; and
B. The hotel shall contain a minimum of 2,000 square feet of meeting space; and
C. The hotel shall not be required to contain a full-service restaurant on the
premises; and
D. Notwithstanding the conditions listed above, the hotel shall comply with all
requirements of Ordinance 2016-11 P&Z; and
E. Prior to the issuance of any building permit related to the hotel authorized by
this ordinance, the developer shall submit a site plan package further detailing
the proposed hotel and hotel site as required in Section 14.02.302 in the Code
of Ordinances. Said site plan package shall require final approval by the Town
Council upon the recommendation of the Planning and Zoning Commission.
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 the PD
30 zoning district. The Specific Use Permit granted by this Ordinance shall control in
cases of conflict between this Ordinance and/or the Comprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinue and cease to be valid 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 state law and local ordinance, including
without limitiation the Town's Comprehensive Zoning Ordinance.
ORD 2016-12 P&Z Page 2 of 5
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
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.
ORD 2016-12 P&Z Page 3 of 5
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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 29th day of March 2016. --
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ATTEST:
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Holly Fimbr s, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
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Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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ORD 2016-12 P&Z Page 4 of 5
Exhibit "A"
ORD 2016-12 P&Z Page 5 of 5