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ORD 2016-04 P&Z TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-04P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2007-11P&ZESTABLISHING PD PLANNED DEVELOPMENT #28,THE SAME BEING PD PLANNED DEVELOPMENT #28,AND THE SAME BEING HEREBYAMENDEDBY THIS ORDINANCE AMENDING EXHIBIT “C” DEVELOPMENT STANDARDS, TO ADOPT REGULATIONS FORA BOUNDARY FENCE BETWEEN THE CITY OF ROANOKE AND THE TOWN OF TROPHY CLUB IN ACCORDANCE WITH EXHIBIT “A” OF THIS ORDINANCE, ATTACHED AND INCORPORATED HEREIN;PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS;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 City of Roanoke is requesting to build a boundary fence on Lot 2, Block 2, Byron Nelson High School Addition and within a portion of the Town of Trophy Club right-of-way for Bobcat Boulevard as shown on Exhibit “A”,and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #28came 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 ofthe 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. AMENDMENT 2.01 Ordinance No. 2007-11P&Z of the Town of Trophy Club, Texas,creatingthe Town's PD Planned Development #28, is hereby amendedby this Ordinance amending Exhibit “C” DevelopmentStandardsto adopt regulations for a boundary fence between the City of Roanoke and the Town of Trophy Club in accordance with Exhibit “A”, subject to the following conditionsas set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words notexpresslyamended hereby areratified and affirmedand shall continue in full force and effect: A.The boundary fence approved by this ordinance shall meet the following conditions prior to the final inspection: (1)The fence shall be constructed of masonry material in accordance with the specifications set forth “Construction Specifications”, a copy of which is attached hereto and incorporated herein as Exhibit “A”; (2)The fence color shall be a tan, off-white color with the final color to be approved by the Trophy Club Town Manager, or designee; (3)The fence shall be a minimum of seven (7) feet in height as measured from natural grade; (4)The fence shall run parallel to the common boundary of the Town of Trophy Club and the City of Roanoke such that it is located five (5) feet from the common boundary line as shown in Exhibit “A”; (5)A full size copy of Exhibit “A” shall be kept on file in office of the the Trophy Club Town Secretary. B.As a condition precedent to the issuance of any building permit authorizing the construction of such fenceby or on behalf of Roanoke, an Interlocal Agreement between the Town of Trophy Club and the City of Roanokeshall be approved and executed. Said agreement shall, at a minimum, include the following terms: (1)Provisions outlining City of Roanoke’s obligations for maintenance, repair, and/or replacement of the fence; ORD 2016-04P&ZPage 2 of 4 (2)Right-of-way encroachment, joint-use and easement provisions authorizing the fence to be constructed within the right-of-way for Bobcat Boulevard; (3)Detailed aesthetic provisions for said fencemeeting at least the minimum requirements for similar fences located within the Town of Trophy Club; (4)Access, ingress and egress provisions for said fence. (5) Written documentation of all legal authorizations for fence construction from the property owner of Lot 2, Block 2, Byron Nelson High School Addition, such documentationto be attached and incorporated into the agreement. 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. 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 initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed bythe 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 aviolation 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. ORD 2016-04P&ZPage 3 of 4 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. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town and in accordance with the Town Charter. 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 Townof Trophy Club, Texas, this 9thday ofFebruary2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST:APPROVED AS TO FORM: Holly Fimbres, Town SecretaryPatricia A. Adams, Town Attorney Town of Trophy Club, TexasTown of Trophy Club, Texas ORD 2016-04P&ZPage 4 of 4 Construction Specifications - Exhibit "A" Construction Specifications - Exhibit "A" CITY OF ROANOKE - MAIN STREET RECONSTRUCTION Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION MATCH LINE - STA 11+00 MATCH LINE - STA 11+00 Construction Specifications - Exhibit "A" Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION MATCH LINE SEE SHEET P-3 Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION MATCH LINE SEE SHEET P-4 MATCH LINE SEE BELOW MATCH LINE SEE SHEET P-2MATCH LINE SEE ABOVE Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION MATCH LINE SEE BELOW MATCH LINE SEE ABOVE MATCH LINE SEE SHEET P-3 Construction Specifications - Exhibit "A" CITY OF ROANOKE - 2013 REVITALIZATION Construction Specifications - Exhibit "A"