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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 Page 4 of 4