ORD 2011-27TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-27 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2010-20 P&Z, AMENDING ORDINANCE
NO. 2000-14 P&Z, AMENDING ORDINANCE NO. 99-17 P&Z OF THE
TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 21,
WHICH AMENDED THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN; PROVIDING FOR AN AMENDMENT TO EXHIBIT "C",
"DEVELOPMENT STANDARDS", SUBSECTION "A(1)" AND
SUBSECTION "A(1)(c)(ii) PERMITTED USES" TO ADD A LIQUOR
STORE USE AS A PERMITTED USE, FOR TRACT 1, TO BE OPEN TO
THE PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS
ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT NO. 21;
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, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that
certain tract of land (the "Land"), described as a 13.97 acre tract of land as PD Planned
Development No. 21 (PD-21) for Professional, Business and Retail uses, said tract
generally known as the Trophy Club Plaza; and
WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and
dry cleaning facility to the approved uses in PD-21; and
WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of
propane for sale inside the Walgreen Co. store; and
WHEREAS, on or about June 8, 2011, the owner of the Land, Regency Centers
L.P., filed an application with the Town Planning and Zoning Commission requesting an
amendment to PD-21 to allow a liquor store as a permitted use; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the proposed amendment to PD-21 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
those 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 amendment to PO Planned Development #21 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 PO Planned Development #21 as set forth specifically below 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.
AMENDMENT
2.01 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "A(1)" and "(A)(1)(c)(ii) Permitted Uses" is
hereby amended as follows to add a "Liquor Store" use, placed in alphabetical order in
the existing list of permitted uses, for Tract 1 of PD-21 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:
"1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "B"): The following
standards shall apply to Tracts 1, 2 & 3, except as otherwise provided:
(c) Permitted Uses: ...
(ii) Other uses permitted include:
ORD 2011-27 P&Z Page 2 of 4
Liquor store (with SUP and only allowed in Tract 1)"
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
land and zoning and specifically PO Planned Development #21, 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.
ORO 2011-27 P&Z Page 3 of 4
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.
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.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day
of July, 2011.
ATTEST:
C[0wn Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
ORD 2011-27 P&Z
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
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