Agenda Packet P&Z 04/19/2011Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom3:00 PMTuesday, April 19, 2011
Call To Order and announce a quorum.
Citizen Presentation
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
PUBLIC HEARING
1.2011-213-T Continuation of Public Hearing to consider regulations related to the sale of
alcohol for off-premise consumption in the Town of Trophy Club.
Staff Report - PZ 041911 - Alcoholic Beverages.pdf
SUP Application Process - Liquor Store Packet.pdf
SUP APPLICATION - Liquor Store.pdf
Use Tables.pdf
Section 5.02.pdf
Attachments:
REGULAR SESSION
2.2011-214-T Discussion and Recommendation regarding regulations related to the sale
of alcohol for off-premise consumption in the Town of Trophy Club.
Adjourn
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Planning and Zoning Commission Page 1 of 26 Meeting Date: April 19, 2011
April 19, 2011Planning & Zoning Commission Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, April 15, 2011, by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
Carolyn Huggins
Community Development Director
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2011.
________________________________, Title: ___________________________
Planning and Zoning Commission Page 2 of 26 Meeting Date: April 19, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-213-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/15/2011 Planning & Zoning Commission
On agenda:Final action:4/19/2011
Title:Continuation of Public Hearing to consider regulations related to the sale of alcohol for off-premise
consumption in the Town of Trophy Club.
Attachments:Staff Report - PZ 041911 - Alcoholic Beverages.pdf
SUP Application Process - Liquor Store Packet.pdf
SUP APPLICATION - Liquor Store.pdf
Use Tables.pdf
Section 5.02.pdf
Action ByDate Action ResultVer.
Title
Continuation of Public Hearing to consider regulations related to the sale of alcohol for off-premise
consumption in the Town of Trophy Club.
Planning and Zoning Commission Page 3 of 26 Meeting Date: April 19, 2011
PLANNING AND ZONING
COMMISSION
STAFF REPORT
Tues 011 day, April 19, 2
Retail Sale of Alcoholic Beverages for
Off-Premise Consumption
SUBJECT: Discussion and recommendation regarding regulations related to
the sale of alcohol for off-premise consumption, in the event a measure to permit
the sale of liquor for off-premise consumption passes through a public vote in
May, 2011.
Regulation of Retail Sale of Alcoholic Beverages for Off-Premise
Consumption
Due to the local option to permit the sale of liquor for off-premise consumption on
the May 14, 2011, ballot, the Town of Trophy Club wishes to review regulations
related to the sale of alcohol for off-premise consumption. The purpose of this
discussion is not to advocate for or against the sale of alcoholic beverages in the
Town of Trophy Club, but to ensure that the Town can provide proper application
procedures and governance for retail liquor sales within the community.
Texas Liquor Laws
All alcoholic beverage sales, both for on- and off-premise consumption, are
regulated by the Texas Alcoholic Beverage Commission (TABC) through the
issuance of licenses and inspections. Compared to other states, the State of
Texas contains some of the more restrictive laws regulating alcohol.
Sale of alcoholic beverages in a bar or restaurant
Monday through Friday 7 a.m. to midnight
Saturday 7 a.m. to 1 a.m.
Sunday Noon to midnight
Bars with late-hours permits can sell alcohol for on-premises consumption until 2
a.m. any night.
Planning and Zoning Commission Page 4 of 26 Meeting Date: April 19, 2011
Sale of alcoholic beverages in a convenience or grocery store
Monday through Friday 7 a.m. to midnight
Saturday 7 a.m. to 1 a.m.
Sunday Noon to midnight (beer and wine only – less
than 17 percent alcohol by volume)
Sale of alcoholic beverages in a liquor store
Monday through Saturday 10 a.m. to 9 p.m.
Closed Sundays, Thanksgiving Day, Christmas and New Year’s Day
Retail Sales of Alcoholic Beverages in Trophy Club
In 2004, regulations were approved to allow the sale of alcoholic beverages in
Trophy Club:
(1) for retail sales of beer and wine for off-premise consumption only, and
(2) for retail sale of mixed beverages for on-premises consumption.
Any location selling either of these types of alcoholic beverages is required to
obtain a Specific Use Permit from the Town.
Sale of alcoholic beverages for on- and off-premises consumption is allowed in
the following zoning districts:
MH – Manufactured Home and Industrialized Housing District
CG – Commercial General District
CR – Commercial Recreation District
NS – Neighborhood Service District
PO – Professional Office District
GU – Governmental Use District
As well as in the following Planned Development Districts:
PD-13 Village (Trophy Club Drive and Highway 114)
PD-21 Plaza (Trophy Lake Drive and Highway 114)
PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114)
PD-27 The Highlands Village Center (Bobcat Blvd.)
Sales of beer and wine are not allowed in areas zoned for residential use,
including but not limited to PD-Planned Development Districts approved
exclusively for residential uses. No alcoholic beverages may be sold within three
Planning and Zoning Commission Page 5 of 26 Meeting Date: April 19, 2011
hundred feet (300-ft.) of a church, public or private school, or public hospital.
Measurement of such distance is as follows:
Church or Public Hospital: From front door to front door along the property lines
of the street fronts and in a direct line across intersections.
Public or Private School: From property line to property line, in a direct line
across intersections.
The following businesses have a Town alcohol beverage permit, which must be
renewed annually for a fee of $30. At annual renewal, proof of current TABC
licensing must be provided to the Town.
Located in the Village PD-13 (Trophy Club Drive/Highway 114):
7-Eleven, issued June 2004.
Cristina’s Mexican Restaurant, issued August 2005.
Vinny’s Italian Restaurant, issued October 2005.
Located in the Plaza PD-21 (Trophy Lake Drive/Highway 114):
Tom Thumb, issued June 2004.
Walgreens, located in the Plaza PD, issued March 2011.
Other Locations:
Trophy Club Country Club, issued July 2005.
Specific Use Permit
Trophy Club regulations require a Specific Use Permit (SUP) to sell alcoholic
beverages.
A formal application for an SUP is filed with the Planning and Zoning
Coordinator; the fee for an SUP is $300. The application is then reviewed by
Departmental Staff and prepared for review and recommendation by the
Planning and Zoning Commission. The P&Z recommendation is then given to
the Town Council. The Town Council considers the request and then approves or
disapproves the granting of an SUP for the sale of alcoholic beverages.
If approval is granted, the Planning and Zoning Coordinator will issue a Town
alcohol beverage permit when the applicant has provided proof of a TABC
license.
At a minimum, the applicant must meet the following criteria for consideration of
an SUP for the sale of alcoholic beverages:
Planning and Zoning Commission Page 6 of 26 Meeting Date: April 19, 2011
1. Will the sale of alcoholic beverages at the establishment create
overcrowding in the establishment or in the immediately surrounding
area?
2. Are all applicable licensing and permit provisions of the Texas Alcoholic
Beverage Code in compliance, as amended from the date of the issuance
of the SUP by the Town Council?
3. The Applicant shall, at all times, provide an adequate number of
employees for security purposes to adequately control the establishment
premises to prevent incidents of drunkenness, disorderly conduct and
raucous behavior.
4. The establishment shall provide adequate parking spaces to
accommodate its employees and patrons.
5. The Applicant shall operate the establishment in such a manner as to
prevent excessive noise, dirt, litter and odors in the establishment and in
the surrounding area and operate the establishment in such a manner as
to minimize disturbance to surrounding property owners and in compliance
with all applicable Town ordinances and state laws.
A Specific Use Permit runs with the property and is not affected by a change in
the owner or lessee of a permitted establishment.
A Specific Use Permit may be discontinued if the use for which the SUP was
granted ceases to be operated at the permitted location for a minimum period of
six (6) continuous months.
Town Council Authority
The Town’s Alcohol Beverage Ordinance grants the Town Council the authority
to deny an SUP if it determines that the issuance of the SUP is incompatible with
the surrounding uses or property, or is detrimental or offensive to the
neighborhood or contrary to the health, safety, and general welfare of the Town
and its inhabitants.
The Town Council has the authority to grant an exception for the requirement of
an SUP for temporary special events after review and recommendation by the
Planning and Zoning Commission. For such events, both the Planning and
Zoning Commission and the Town Council consider: hours of the event, impact
on surrounding area; estimated number of participants; personal and property
security; duration and other health, safety and welfare considerations as deemed
appropriate and necessary by the Town Council.
Planning and Zoning Commission Page 7 of 26 Meeting Date: April 19, 2011
Additional Restrictions
The Town’s alcohol beverage ordinance also restricts the use of alcoholic
beverages in any Town owned or controlled athletic field and all parking lots
servicing such athletic fields. It is unlawful for any person to possess an open
alcoholic beverage container or consume any alcoholic beverage, as defined by
the Texas Alcoholic Beverage Code, in any Town owned or controlled park,
including reserved area(s) within any park, playground, recreation center or any
other area in the Town owned or used by the Town and devoted to active or
passive recreation, including all planted expressways, all parking lots servicing
parks and public areas, parkways, triangles, and traffic islands maintained by the
Town.
It is unlawful for any person to possess an open container or consume any
alcoholic beverage on a public street, public alley, or public sidewalk within 1,000
feet of the property line of a facility that is a public or private school, including a
parochial school, that provides all or any part of pre-kindergarten through twelfth
grade in the buildings or on the grounds of any public school in the Town limits or
at any school related activity conducted within the Town limits.
Changes to the Town of Trophy Club Ordinances
1. Amend Use Tables of the zoning ordinance to define the zoning districts in
which liquor stores will be allowed.
Use Tables
Allow the sale of alcoholic beverages for off-premises consumption in the
following zoning districts:
CG – Commercial General District
NS – Neighborhood Service District
Owners of Planned Development (PD) Districts would be required to bring a
zoning change request forward to allow liquor stores in the PD.
2. Amend Section 5.02 Sale of Alcoholic Beverages to define “liquor store”.
Require that a Specific Use Permit be required for a liquor store to operate in
Trophy Club; the request to be heard for recommendation by the Planning
and Zoning Commission and approval by the Town Council.
Summary
The Planning and Zoning Commission is asked to recommend approval to the
Town Council to amend the Town’s regulations for sale of alcoholic beverages in
a Liquor Store.
Planning and Zoning Commission Page 8 of 26 Meeting Date: April 19, 2011
TROPHY CLUB
Liquor Store Specific Use Permit
Application Process
A request for a Liquor Store located in the Town of Trophy Club must follow the steps outlined
below:
1. Submit an application for a Special Use Permit (SUP) for a Liquor Store to the Planning and
Zoning Department. The application fee is $300.00. Application forms are available in the
Permit Department and online at www.trophyclub.org
2. The application is reviewed by representatives from all Town departments. The applicant will be
contacted if additional information is needed.
3. Once all required information is reviewed and a determination is made that the application is
complete and a valid submittal, the request is then scheduled for a public hearing before the
Planning and Zoning Commission (P&Z) and Town Council. All properties within 200 feet of the
location of the proposed liquor store are notified of the public hearing via mail by the Town and a
notice is also published in the local newspaper. The applicant shall reimburse the Town for the
cost of property owner notification and for the cost of the notice in the newspaper.
4. The Planning and Zoning Commission recommends approval or denial to the Town Council.
5. The Town Council has the authority to approve or deny the application. The Town Council, if
granting approval of the SUP, also has the authority to attach development conditions to the
SUP.
Design Criteria for a Liquor Store
Liquor Store shall operate in a premise that is not physically completely separate from any other
business.
Liquor Store shall not have drive-through features or capabilities.
Applicants are encouraged to offer an inventory that includes complimentary items for sale such
as gourmet coffees, olives and cheeses.
Applicant shall adhere to the requirements outlined below:
Required Information
The following information is required at the time the application is submitted. If requested
information is not provided, the application will be considered incomplete and an invalid submission.
Planning and Zoning Commission Page 9 of 26 Meeting Date: April 19, 2011
1. Detailed Description of Business. A detailed, narrative statement of the proposed business
and, in general, information about the company operating the store. Applicant may also include
drawings and photographs. At a minimum, the Description shall include: (1) planned opening
date; (2) proposed hours of operation; (3) number of employees; (4) any relevant economic
development information such as estimated sales per square foot and estimated sales tax
generated per year.
2. Shopping Center Site Plan. Shopping Center Site Plan, drawn to scale, clearly showing the
location of the business in the shopping center. Plans shall include all four (if applicable)
building elevations for the proposed business including any proposed exterior enhancements.
3. Liquor Store Floor Plan. Plans shall include a detailed floor plan of the proposed business
showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty
areas such as gourmet food, locations of check-out registers and all building ingress and egress
points.
4. Liquor Store Security Plan. At a minimum, security plans shall include the number of any
proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-
site security personnel.
5. Parking. The parking shall be equal to one space per 200 square feet of gross floor area. The
applicant has the burden of proof that there is adequate parking for the addition of a Liquor Store
to the shopping center. However, as a condition of the approval of the SUP, more parking may
be required.
6. Signage Details. This shall include a detailed, color drawing of all proposed signs, drawn to
scale, relating to the business including monument and wall signs.
7. Proximity. Show proximity to other liquor stores. Show proximity to schools, churches,
hospitals, day care centers, and residential zoning.
Planning and Zoning Commission Page 10 of 26 Meeting Date: April 19, 2011
TTOOWWNN OOFF TTRROOPPHHYY CCLLUUBB
LLIIQQUUOORR SSTTOORREE SSPPEECCIIFFIICC UUSSEE PPEERRMMIITT
AAPPPPLLIICCAATTIIOONN
DATE:
EXISTING ZONING:
Application must be submitted with:
(1) Fee - $300.00
(2) All information as stated in the SUP Application Process-Liquor Store Packet
GGEENNEERRAALL IINNFFOORRMMAATTIIOONN::
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AAddddrreessss ooff LLiiqquuoorr SSttoorree::__________________________________________________________________________________________________________
CCiittyy,, SSttaattee,, ZZiipp ______________________________________________________________________________________________________________________
LLeeggaall DDeessccrriippttiioonn:: __________________________________________________________________________________________________________________
AAPPPPLLIICCAANNTT// OOWWNNEERR IINNFFOORRMMAATTIIOONN
NAME: PHONE #:
(please print)
ADDRESS:
SIGNATURE:
NAME: PHONE #:
(please print)
ADDRESS:
SIGNATURE:
Other relevant information:
Planning and Zoning Commission Page 11 of 26 Meeting Date: April 19, 2011
Article III
Establishment of Districts
Section 3.01 District Classifications
The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown
and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this
reference:
R-15 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 15,000 square feet in area.
R-12 Single Family Residential District: A zone designed to accommodate single family development
on lots that are a minimum of 12,000 square feet in area.
R-11 Single Family Residential District: A zone designated to accommodate single family development
on lots that are a minimum of 11,000 square feet in area.
R-10 Single Family Residential District: A zone designed to accommodate single family development
on lots that are a minimum of 10,000 square feet in area.
R-9 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 9,000 square feet in area.
R-8 Single Family Residential District: A zone designed to accommodate single family development on
lots that are a minimum of 8,000 square feet in area.
R-Fairway Village; R-Twenty In Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are zones
designed to accommodate single family residential areas already platted and either developed or
undeveloped on the date of adoption of this ordinance.
MH-HUD Code Manufactured Home and Industrialized Housing District: A zone designed to provide
adequate space and restrictions for the placement of HUD-Code Manufactured Homes and Industrialized
Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in
this Ordinance.) The MH District is also established to provide housing densities compatible with existing
and proposed neighborhoods by providing alternative housing types both in construction and economy
within the MH District.
PD Planned Development District: A zone designed to accommodate development with a variety of
types of uses in accordance with a site plan.
NS Neighborhood Service District: A zone district designed to provide limited low impact service type
facilities to residential areas, and not including retail uses.
PO Professional Office: A zone district designed to provided for attractive, low to moderate intensity
office and professional uses.
CG Commercial General District: A zone designed to provide locations for local neighborhood shopping
and personal service needs of the surrounding area, to accommodate general retail shopping and to
accommodate low intensity business or professional offices that are designed and sited to be compatible
with nearby residential uses and which primarily provide services to residents of the community.
CR Commercial Recreation District: A zone designed to accommodate development of privately owned
recreational areas and low intensity business offices that are directly related to and designed and sited to
be compatible with the recreational use.
Chapter 13 – Zoning
Rev. 04/26/10
Page 1 of 7
Planning and Zoning Commission Page 12 of 26 Meeting Date: April 19, 2011
GU Governmental Use District: A zone intended to apply to those lands where national, state or local
governmental activities are conducted and where title to such lands is held by a governmental entity.
H Historic Landmark Designation District: A designation intended to apply to areas of historic,
architectural, archaeological or cultural importance or value which merit protection, enhancement and
preservation in the interest of the culture, prosperity, education and welfare of the public.
(Ord No. 98-29, § XI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XI, 3-21-00)
Chapter 13 – Zoning
Rev. 04/26/10
Page 2 of 7
Planning and Zoning Commission Page 13 of 26 Meeting Date: April 19, 2011
Section 3.02 Classification of New and Unlisted Properties
A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the
question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an
interpretation as to the zoning classification into which such use should be placed. The referral of
the use interpretation question shall be accompanied by a statement of facts listing the nature of the
uses and whether it involves dwelling activity, sales, processing, type of product, storage, and
amount and nature thereof, enclosed or open storage, anticipated employment, transportation
requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be
generated and the general requirements of public utilities, such as water and sanitary sewer.
B. Assignment to Use District: The Planning and Zoning Commission shall consider the nature and
described performance of the proposed use and its compatibility with the uses permitted in the
various districts and determine the zoning district or districts within which the use should be
permitted.
C. Recommendation to the Town Council: The Planning and Zoning Commission shall transmit its
findings and recommendations to the Town Council as to the classification proposed for any new or
unlisted use. The Town Council shall, by ordinance, approve the recommendation of the Planning
and Zoning Commission or make such determination concerning the classification of such use as it
determines appropriate, based on its findings.
(Ord No. 98-29, § XII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XII, 3-21-00)
Chapter 13 – Zoning
Rev. 04/26/10
Page 3 of 7
Planning and Zoning Commission Page 14 of 26 Meeting Date: April 19, 2011
Section 3.02 Classification of New and Unlisted Properties
The following table presents the zoning district classifications and the permitted and conditional uses
within those classifications:
Denotes a Prohibited Use
P Denotes a Permitted Use by Right
C Denotes of Conditional Use Permit Required
S Denotes a Specific Use Permit Required
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-
OHP R-S MH CG CR NS PO GU
A. RESIDENTIAL
1. Caretaker or Guard
Residence C
2. Dwelling, Duplex
3. Dwelling, Manufactured
Housing P
4. Dwelling, Multi-Family
Apartment
5. Dwelling, Mobile Home
6. Dwelling, One Family
Attached
7. Dwelling, One Family
Detached P P P P P P P P P P P P
8. Family Home C C C C C C C C C C C C
9. Home for
Developmentally
Disabled
P
10. Hotels
11. Motels
12. Nursing, Rest &
Convalescent Home P
13. Recreational Vehicle
Campgrounds
14. Religious Convent,
Rectory, Monastery P
15. Retirement Home,
Orphanage P
B. RELIGIOUS AND PHILANTHROPIC
1. Churches, Temples &
Synagogues C C C C C C C C C C C C P P P P P
2. Eleemosynary
Institutions
C. EDUCATIONAL
1. Children’s Day Care
Center & Kindergarten P P
2. Junior Colleges,
Colleges & Universities
3. Schools, Private
Business &
Professional
P
4. Schools, Primary &
Secondary P P P P P P P P P P P P P P P P P
5. Schools, Vocational,
Technical & Trade
Chapter 13 – Zoning
Rev. 04/26/10
Page 4 of 7
Planning and Zoning Commission Page 15 of 26 Meeting Date: April 19, 2011
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-
OHP R-S MH CG CR NS PO GU
D. COMMUNITY FACILITIES
1. Athletic Field,
Stadium, Auditorium,
Gym
P
2. Cemetery and
Mausoleums P
3. Commercial
Swimming Pool P
4. Cultural Buildings and
Facilities C C C P
5. Golf Course,
Clubhouse, Related
Facilities
P
6. Gov. Maint Bldg,
Storage Yards C C C
7. Municipal Admin,
Public Service
Facilities
P P P P P P P P P P P P P P P P P
8. Park, Playground,
Playlots, Related
Facilities
P P P P P P P P P P P P P P P P P
9. Privately Owned &
Operated Playground C C C C C C C C C C C C C C C C C
10. Public Animal Pounds
& Shelters
11. Public Safety Facilities P P P P P P P P P P P P P P P P P
13. Radio, Television
Microwave Towers C C C C C C C C C C C C C C C C C
14. Social, Recreational,
Assembly Bldgs P P P
15. Tennis, Handball,
Racquet Ball Clubs P
16. Utility Facilities,
Garage, Storage
Bldg/Yard
C C
17. Utility Facilities,
Distribution Lines P P P P P P P P P P P P P P P P P
18. Utilities Facilities,
Energy Plant C C
19. Utility Facilities, Office P C C
E. PROFESSIONAL
1. Accounting Office P P
2. Admin, Executive,
Editorial Office P P
3. Architectural, Eng,
Planning Office P P
4. Attorney’s Office P P
5. Hospital
6. Insurance Office P P
7. Extended Stay
Surgery Center
8. Personal/Family
Counselor P P
9. Physician and/or
Dentist P P
10. Public Secretary P P
Chapter 13 – Zoning
Rev. 04/26/10
Page 5 of 7
Planning and Zoning Commission Page 16 of 26 Meeting Date: April 19, 2011
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-
OHP R-S MH CG CR NS PO GU
F. BUSINESS
1. Barber, Beauty,
Styling Shops
P P
2. Health, Athletic Shops P P P
3. Massage Shops
4. Medical, Dental,
Chiropractic,
Optometry, etc.
P P
5. Real Estate Office P P
6. Tanning Salon P
7. Travel Bureau or
Agency
P P
8. Weight Reduction
Studio
P P P
G. RETAIL
1. Art Studio P
2. Art Supply Store P
3. Arts, Crafts, Hobby
Shops
P
4. Bakery Shops P
5. Bicycle Shop P
6. Beer & Wine Sales
(Off-Premise
Consumption Only)
S* S* S* S* S* S*
7. Confectionary Shop P
8. Dairy Food Shop P
9. Dance Studio P
10. Drug Store,
Apothecary,
Pharmacy
P
11 Dry Cleaners, Pick-up
and Drop-off
P
12 Dry Cleaning Plan
13 Duplication and
Mailing Service
P
14 Electrical Goods and
Fixtures
P
15 Fabric and Knitting
Shop
P
16 Florist P
17 Grocery Store P
18 Hardware Store P
19 Household Appliance
Store
P
20 Household
Furnishings, Fixtures
P
21 Ice Cream Shop P
22 Jewelry, Watch Store P
Liquor Store S* S*
23 Music Store P
24 Tanning Salon P
25 Pawn Shop P
26 Photograph Service &
Studio
P P
27 Printing, Publishing,
Engraving
P
28 Restaurant C C C
29 Restaurant, Drive-In
30 Restaurant
w/Alcoholic Beverage
Sales
C C C
Chapter 13 – Zoning
Rev. 04/26/10
Page 6 of 7
Planning and Zoning Commission Page 17 of 26 Meeting Date: April 19, 2011
Chapter 13 – Zoning
Rev. 04/26/10
Page 7 of 7
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-
OHP R-S MH CG CR NS PO GU
G. RETAIL CONT’D
31 Sale of Mixed
Beverages in
Restaurants by Food
& Beverage
Certificate Holders
Only
S* S* S* S* S* S*
32 Sporting Goods Store P P
33 Wallpaper, Paint
Store
P
34 Wearing Apparel
Store
P
H. RECREATIONAL
1. Community Center
(Non-Profit) C C C C C C C C C C C C C C C C P
2. Country Club, Private P
3. Golf Course P
4. Private Health Club P P P
5. Private Stable P
6. Swimming Pool
(Private Club) P
7. Swimming Pool,
Tennis Court (Non-
Profit)
C C C C C C C C C C C C C C C C P
8. Tennis Court (Private
Residence) C C C C C C C C C C C C
(Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28
P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use
F(6), Ord. No. 2005-07 P&Z, § 4/18/05)
Planning and Zoning Commission Page 18 of 26 Meeting Date: April 19, 2011
Chapter 13 – Zoning
Rev. 04/26/10
Page 3 of 45
Section 5.02 Sale of Alcoholic Beverages
A. Definitions: For the purposes of this Ordinance, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Applicant: A person who submits or files an original or renewal application with the Town of Trophy
Club, the County Judge, or the Texas Alcoholic Beverage Commission for a license or permit.
Alcoholic Beverage: Alcohol, or any beverage containing more than one-half of one percent of
alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Beer: A malt beverage containing one-half of one percent or more of alcohol by volume and not more
than four percent of alcohol by weight, and does not include a beverage designated by label or
otherwise by a name other than beer.
Commission: The Texas Alcoholic Beverage Commission.
Licensee: A person who is the holder of a license provided in the Texas Alcoholic Beverage Code,
as amended, or any agent, servant, or employee of that person.
Liquor: Any alcoholic beverage containing alcohol in excess of four percent by weight, unless
otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine,
brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence
that it is liquor.
Liquor Store: A business that sells alcoholic beverages for consumption off-premises. For
the purposes of this Ordinance, the term “Liquor Store” does not include grocery stores or
convenience stores in which beer and/or wine is offered for sale as a minor part of an overall
larger inventory of goods. It shall also not include a restaurant that is otherwise operating in
accordance with its approved liquor license and all other provisions of this Ordinance.
Mixed Beverage: One or more servings of a beverage composed in whole or part of an alcoholic
beverage in a sealed or unsealed container or any legal size for consumption on the premises where
served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed
beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit,
the holder of a private club registration permit, or the holder of a private club late hours permit.
On-Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of
alcoholic beverages for on-premises consumption.
Off-Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of
alcoholic beverages for off-premises consumption.
Permittee: A person who is the holder of a permit provided for in the Texas Alcoholic Beverage
Code, as amended, or an agent, servant, or employee of that person.
Premises: The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds,
including any adjacent premises if they are directly or indirectly under the control of the same person.
Person: A natural person or association of natural persons, trustee, receiver, partnership,
corporation, organization, or the manager, agent, servant, or employee of any of them.
Private School: A school maintained by private individuals, religious organizations or corporations,
not at public expense, and open only to pupils selected and admitted by the proprietors or governors,
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or to pupils of a certain religious or possessing certain qualifications, and generally supported, in part
at least, by tuition, fees, or charges.
Public School: A school established under the laws of the State (and usually regulated in matters of
detail by local authorities), in the various districts, counties, or towns, maintained at the public
expense by taxation, and open, usually without charge, to the children of all the residents of the city,
town or other district. Schools belonging to the public and established and conducted under public
authority.
Restaurant: A place located in a permanent building provided with space and accommodations
wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and
served at noon and evening, as the principal business of the place. The term does not include
pharmacies, confectionery stores, lunch stands, nightclubs, and filing stations.
Wine and Vinous Liquor: The product obtained from the alcoholic fermentation of juice of sound
ripe grapes, fruits, berries, or honey, and includes wine coolers.
B. Prohibited Sales: The sale of beer is not allowed in areas zoned for residential use, including but not
limited to PD-Planned Development Districts approved exclusively for residential uses. Except as
otherwise specifically allowed by the Texas Alcohol Beverage Commission or as otherwise provided
herein, no alcoholic beverages may be sold within three hundred feet (300’) of a church, public
school or private school, or public hospital. Measurement of such distance shall be in accordance
with the terms of this Ordinance and the Texas Alcoholic Beverage Code, as amended.
C. Permits
1. Fees Established: The annual permit fee for issuing a license or permit to operate, conduct,
and maintain a business establishment selling alcoholic beverages in the Town is:
a. For stores with beer and wine sales for off-premises consumption only, and, except as
specifically exempted herein, for locations with mixed beverage permits, the permit
holder shall pay a fee equal to one-half (½) of the state fee for such license and permit
in effect at the time of the initial permit application or renewal for the annual permit, as
applicable. Such fee shall be in addition to any applicable fee for a food and beverage
certificate.
b. Exemption: A mixed beverage permit is exempt from the payment of the fee imposed
by this subsection during the three-year period following the issuance of the permit as
specified in the Texas Alcoholic Beverage Code.
c. Payment of Fees
i. Term: The permit fee shall be collected when the application for such permit is
submitted. This permit shall be valid only for one year (365 days) from the date of
its issuance, and if issued during the calendar year, the fee shall be collected in
full without reduction and shall be renewed by the applicant annually thereafter
during the time that such applicant is engaged in the business of selling alcoholic
beverages within the Town. Permit applications shall be filed with the Planning &
Zoning Coordinator.
D. Zoning Compliance Required: No permit shall be granted under the terms of this Ordinance unless
the location at which the business is sought to be established and maintained as a permitted use
under the Comprehensive Zoning Ordinance of the Town as of or after the effective date thereof.
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E. Business Hours: It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor,
except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended,
including but not limited to Chapter 105 of the Texas Alcoholic Beverage Code, as amended.
F. Specific Use Permit
1. SUP Required: Except as specifically provided herein, no persons shall manufacture, sell,
offer for sale, distribute or engage in any other activity for which a permit or license is required
by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use
Permit to do so from the Town. All of the provisions of the Specific Use Permit procedure
shall apply as per the Town of Trophy Club’s Comprehensive Zoning Ordinance, as amended.
In the event of a conflict between the general regulations governing Specific Use Permits and
the provisions contained in this section, the provisions of this section shall control.
2. SUP Application: In order for a person to engage in the sale of alcoholic beverages, a formal
application for a SUP shall be filed with the Planning and Zoning Coordinator with the
appropriate fee established by the Town. The Planning and Zoning Coordinator shall process
the application by submitting to the Planning and Zoning Commission for their review and
recommendation to the Town Council for approval or disapproval. The Trophy Club Town
Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic
beverages.
3. Compliance with Town Codes and Ordinances for on-premises used for the sale or and
consumption of alcoholic beverages shall comply with all applicable Town Codes as follows:
a. Beer and Wine Only: A building utilized for the retail sale of beer and/or wine for off
premises consumption only shall be inspected and shall comply with all applicable local
regulations, including but not limited to building codes, fire codes, plumbing codes,
electrical codes and ordinances.
b. Mixed Beverages by Food and Beverage Certificate Holders: A building utilized for the
retail sale of mixed beverages for on-premises consumption shall be inspected and shall
comply with all applicable local regulations, including but not limited to building codes,
fire codes, plumbing codes, electrical codes and ordinances.
c. Procedures Prior to Issuance of Permit: Before any certification from the Texas
Alcoholic Beverage Commission or other documentation of approval is signed by the
Town representative, such certificate or documentation shall be submitted to the
Planning and Zoning Coordinator to assure
i. That the application complies with all provisions of this and all applicable
ordinances;
ii. That a SUP application is officially filed with the payment of applicable fees;
iii. That proof is submitted that a representative of the Texas Alcohol and Beverage
Commission has approved the submittal of an application for license;
iv. And (4) that the Chief of Police/Director of Public Safety has reviewed the SUP
application.
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4. Compliance with Town Codes and Ordinances are required for sale of alcoholic
beverages for off-premises consumption in a Liquor Store and the SUP application
shall show documentation of compliance of the following:
a. Liquor Store:
i. That a SUP application for a Liquor Store is submitted in its entirety, without
omissions, as required by the SUP Application Process–Liquor Store
Packet; and
ii. That the application is officially filed with the payment of applicable fees;
and
ii. That the application complies with all provisions of this and all applicable
ordinances; and
iv. That if the Town Council approves the SUP request, Council may attach
development conditions to the Specific Use Permit.
G. Criteria and Processing of SUP: The following general conditions apply to all Specific Use Permits
(SUP) allowing the sale of beer and wine for off premises consumption only and allowing the sale of
mixed beverages by food and beverage certificate holders only:
1. The Applicant must design and operate the establishment for which an SUP is sought in such
a manner that the proposed use or actual use of the premises shall not substantially increase
traffic congestion or create overcrowding in the establishment or in the immediately
surrounding area.
2. The Applicant must comply with applicable licensing and permit provisions of the Texas
Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town
Council.
3. As required, the Applicant shall bear the burden of showing that the establishment does not
exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its
license and SUP. The Applicant shall maintain accounting records of the sources of its gross
revenue and allow the Town to inspect such records during reasonable business hours.
4. The Applicant shall demonstrate that the granting of the SUP would not be detrimental
to the public health, safety and/or welfare of the citizens of the Town.
3. The Applicant shall, at all times, provide an adequate number of employees for security
purposes to adequately control the establishment premises to prevent incidents of
drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the
Chief of Police/Director of Public Safety who shall act in an advisory capacity to determine the
number of qualified employees necessary to meet his/her obligation hereunder.
4. The establishment shall provide adequate parking spaces to accommodate its employees and
patrons. Provided however, the number of parking spaces shall never be less than those
required for similar uses in that zoning district where the establishment is located.
5. The Applicant shall operate the establishment in such a manner as to prevent excessive
noise, dirt, litter and odors in the establishment and in the surrounding area and operate the
establishment in such a manner as to minimize disturbance to surrounding property owners
and in compliance with all applicable Town ordinances and state laws.
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6. The Applicant shall operate the establishment in such a manner as to prevent excessive
noise, dirt, litter and odors in the establishment and in the surrounding area and operate the
establishment in such a manner as to minimize disturbance to surrounding property owners
and in compliance with all applicable Town ordinances and state laws.
8. Town Council may deny a SUP if it affirmatively determines that the issuance of such SUP is:
a. Incompatible with the surrounding uses or property or
b. Detrimental or offensive to the neighborhood or contrary to the health, safety, and
general welfare of the Town and its inhabitants.
9. Specific Use Permit issued under this Ordinance runs with the property and is not affected by
a change in the owner of lessee of a permitted establishment; provided however, that the
owner or lessee to whom the premises has been transferred shall within ten (10) business
days of such transfer notify the Planning and Zoning Coordinator of such change in ownership
or control of the premises for which the SUP was issued.
10. All Specific Use Permits issued under this Ordinance shall be further conditioned that the
same may be discontinued if the use for which the SUP was granted ceases to be operated at
the permitted location for a minimum period of six (6) continuous months, or as otherwise
provided for the revocation of SUP’s, as outlined in the Comprehensive Zoning Ordinance, as
amended.
H. Criteria and Processing of SUP: The following general conditions apply to all Specific Use Permits
(SUP) allowing the sale of alcoholic beverages in a Liquor Store for off premises consumption only:
1. The Applicant must design and operate the establishment for which an SUP is sought in such
a manner that the proposed use or actual use of the premises shall not substantially increase
traffic congestion or create overcrowding in the establishment or in the immediately
surrounding area.
2. The Applicant must comply with applicable licensing and permit provisions of the Texas
Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town
Council.
I. Town Council may deny an SUP if it affirmatively determines that the issuance of such
SUP is:
a. Incompatible with the surrounding uses or property or
b. Detrimental or offensive to the neighborhood or contrary to the health, safety, and
general welfare of the Town and its inhabitants.
1. Specific Use Permit issued under this Ordinance runs with the property and is not
affected by a change in the owner of lessee of a permitted establishment; provided
however, that the owner or lessee to whom the premises has been transferred shall
within ten (10) business days of such transfer notify the Planning and Zoning
Coordinator of such change in ownership or control of the premises for which the SUP
was issued.
2. All Specific Use Permits issued under this Ordinance shall be further conditioned that
the same may be discontinued if the use for which the SUP was granted ceases to be
operated at the permitted location for a minimum period of six (6) continuous months,
or as otherwise provided for the revocation of SUP’s, as outlined in the Comprehensive
Zoning Ordinance, as amended.
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J.
H.
Methods for Determining Distance Measurement
1. Church or Public Hospital: The measurement of the distance between the place of business
where alcoholic beverages are sold and a church or public hospital shall be along the property
lines of the street fronts and from front door to front door, and in a direct line across
intersections.
2. Public or Private School: The measurement of distance between the place of business where
alcoholic beverages are sold and a public or private school shall be:
a. In a direct line from the property line of the public or private school to the property line of
the place of business, and in a direct line across intersections; or
b. If the permit or license holder is located on or above the fifth (5th) story of a multistory
building, in a direct line from the property line of the public or private school to the
property line of the place of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which the permit or license
holder is located.
K. Exception to Distance Requirements: Upon receipt of a request, the Planning and zoning
Commission will consider and make a recommendation to the Town Council to consider an exception
to reduce the distance requirement contained in Section F above and the Town Council shall take
final action on such recommendation based upon the criteria specified herein below.
1. A Planning and Zoning Commission recommendation to reduce the distance requirement and
final action of the Town Council to allow such reduction shall be based upon the following.
Town Council may allow an exception upon proof by the Applicant that he/she meets the
following criteria: (a) documented approval from surrounding property owners within the
distance requirements for which the exception is sought; proof of preliminary approval from
the Texas Alcohol Beverage Commission; a determination by Council that the enforcement of
the regulations in a particular instance is not in the best interest of the public; and after
consideration of the health, safety and welfare of the public and the equities of such
regulation, the Council determines that the exception is in the best interest of the community.
2. The Town Council shall have the authority to grant an exception under this Section for
temporary special events after review and recommendation by the Planning and Zoning
Commission. For such events, both the Planning and Zoning Commission and the Town
Council shall consider: hours of the event, impact on surrounding area; estimated number of
participants; personal and property security; duration and other health, safety and welfare
considerations as deemed appropriate and necessary by the Town Council.
3. No exception may be granted hereunder except after a public hearing for which notice has
been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the
location of the proposed business or of the proposed location for temporary special event.
Such notice must be given not less than ten (10) days before the date set for hearing.
L. Exemption From SUP Process For Existing Private Club Operations
1. All existing businesses that, as of the effective date of this Ordinance, operate and hold a
permit from the Texas Alcohol Beverage Commission to operate as a private club and that
operate legally under the Town’s Comprehensive Zoning Ordinance shall be allowed to
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continue without obtaining an SUP from the Town as long as (1) the location of the business
does not change; and (2) the type of business or the type of use from the location within that
zoning district remains the same; and (3) such use continues to comply with all applicable
ordinances of the Town. Such establishments shall comply with all other requirements of this
Ordinance and the ordinances of the Town, including but not limited to those regulations
relating to permits and fees. At the time of application for a permit, the Applicant shall supply
all pertinent information to the Planning and Zoning Coordinator for registering such use with
the Town as required by this Ordinance.
M. Possession or Consumption Prohibited in Certain Areas
1. Athletic Fields, Parks, or Public Areas: It shall be unlawful for any person to possess an open
alcoholic beverage container or consume any alcoholic beverage in any Town owned or
controlled athletic field and all parking lots servicing such athletic fields except as specifically
approved by the Town Council, ordinance, or Town Council approved policy which governs
such conduct. It shall be unlawful for any person to possess an open alcoholic beverage
container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage
Code in any Town owned or controlled park, including reserved area(s) within any park,
playground, recreation center or any other area in the Town owned or used by the Town and
devoted to active or passive recreation, including all planted expressways, all parking lots
servicing parks and public areas, parkways, triangles, and traffic islands maintained by the
Town except as specifically approved by the Town Council, ordinance, or Town Council
approved policy which governs such conduct.
2. Schools and School Activities: It shall be unlawful for any person to possess an open
container or consume any alcoholic beverage on a public street, public alley, or public
sidewalk within 1,000 feet of the property line of a facility that is a public or private school,
including a parochial school, that provides all or any part of pre-kindergarten through twelfth
grade in the buildings or on the grounds of any public school in the Town limits or at any
school related activity conducted within the Town limits.
N. Miscellaneous Provisions
Reserved for Expansion.
(Ord. No. 2000-06 P&Z § XXXIV, 3-21-00, Repealed by Ord. No. 2004-10 P&Z, § II, 3-1-04)
Planning and Zoning Commission Page 25 of 26 Meeting Date: April 19, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-214-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/15/2011 Planning & Zoning Commission
On agenda:Final action:4/19/2011
Title:Discussion and Recommendation regarding regulations related to the sale of alcohol for off-premise
consumption in the Town of Trophy Club.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion and Recommendation regarding regulations related to the sale of alcohol for off-premise
consumption in the Town of Trophy Club.
Planning and Zoning Commission Page 26 of 26 Meeting Date: April 19, 2011