ORD 2010-28TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-28 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 95-20, AMENDING ORDINANCE NO. 97-16 P&Z,
AMENDING ORDINANCE NO. 97-23 P&Z, AMENDING ORDINANCE NO.
2001-09 P&Z, AMENDING ORDINANCE NO. 2002-23 P&Z, AND
AMENDING ORDINANCE NO. 2006-15 P&Z OF THE TOWN, THE SAME
BEING PD PLANNED DEVELOPMENT NO. 13, BY AMENDING EXHIBIT
"C" DEVELOPMENT STANDARDS, TO ALLOW CONVENIENCE STORE
WITH GASOLINE SALES LOCATED IN TRACT 2 TO BE OPEN TO THE
PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS
ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT #13 ON A 24
HOUR, SEVEN DAY PER WEEK BASIS, AND ALLOWING OUTDOOR
DISPLAY OF PROPANE AND ICE FOR SALE INSIDE THE STORE;
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 SAVINGS CLAUSE; PROVIDING A
PENAL TY 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 owner of Tract 2 of PD #13 (the "Land"), described as
approximately 1.8 acres of land currently zoned PD Planned Development #13 for
Retail/Commercial Use with Gasoline Island, such tract located generally at the northwest
corner 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(2)(b)(1) regulating a portion of the Land located in Planned Development #13,
modifying the terms of the use of such portion of the Land as follows: to allow only the
Convenience store with gasoline sales (currently owned by 7 -Eleven, Inc.) to be open to
the public and operated for its intended purposes as allowed by PD #13 on a 24-hour,
seven day per week basis, and to allow outdoor display of propane and ice; 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
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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 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.
AMENDING
Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the
Town's PO #13, Exhibit "c" Development Schedule, Section A(2)(b)(1) 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:
A. Purpose; development standards, uses with individual tracts:
2. Tract 2 (Retail/commercial use with gasoline island): The following
standards shall apply to Tract 2:
(b) Permitted uses: In the development of Tract 2, no land shall be used and
no building or structure shall be installed, erected or converted to any use
other than the following:
(1) Convenience store with gasoline sales (no truck diesel, no
cigarette wrapping papers, nor any adult magazine or video sales
allowed; no video arcade machines allowed);
Hours of Operation: The hours of operation of the convenience
store with gasoline sales may be open to the public and operated
for its intended purposes as allowed by law on a 24-hour, seven
day per week basis.
Outdoor Display: The convenience store with gasoline sales may
display propane and ice on the east (only) sidewalk, for sale inside
the store. The size of the propane cabinet shall not exceed: 6'-8"
wide; 2'-3" deep; 6'-0" height; and the size of the ice cabinet shall
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not exceed: 8'-0" wide ; 3'-0" deep ; 5 '-5 " height.
(2) All uses permitted in Tracts 1, 3 and 4
(3) Restaurant with drive-through service
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.
SAVINGS
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 . 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
Ordinan c e 2010-28
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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 copying the Caption and Effective Date Clause in the minutes of
the Town Council 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 4th day of October, 2010.
Cfo nnie White, Mayor
Town of Trophy Club, Texas
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
'M±u e~61
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
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