ORD 2016-26 P&Z
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-26P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVINGASPECIFIC 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,ONLOT
3R3, BLOCK B;PROVIDING FOR THE INCORPORATION OF
PREMISES;PROVIDING CONDITIONSAPPLICABLE TO USE;
PROVIDING THATSUCH TRACT OF LAND SHALLALSOBE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR AN
AMENDMENTTO 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 within a new Holiday Inn Hotel;and
WHEREAS,
all legal notices, requirements and conditions having been complied
with, theSpecial 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 theinformation 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
Ordinanceamending 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. ASpecificUse Permit (SUP)fortheSale of Mixed Beverages in Restaurants by
Food & Beverage Certificate Holders Only located onLot 3R3, Block BwithinPD
Planned Development #25,Trophy Wood Business Center,is hereby approvedas set
forth herein, and the SUP and the use for which it is granted is subject to all Applicable
Regulations andto the following conditions:
A. The Restaurantuse granted by this SUP shall operate within and incidental to
the primary use of the property as a hotel.
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 #25and all amendments thereto. TheSpecific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development #25and/or theComprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinueif 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.
SAVINGSAND 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 Ordinancewhether 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 2016-26P&Z Page 2of 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 notless 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 TrophyClub 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 ishereby 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 2016-26P&Z Page 3of 4
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 9thday ofAugust 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
David Dodd, Town Attorney
Town of Trophy Club, Texas
ORD 2016-26P&Z Page 4of 4