ORD 2009-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-01 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD
PLANNED DEVELOPMENT NO. 27, THE SAME HAVING
AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING
AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY
ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO
EXHIBIT "B" ENTITLED "DEVELOPMENT STANDARDS",
SECTION III. "DEFINITIONS", AND SECTION VI.
"DEVELOPMENT AND DESIGN STANDARDS", "C.
SCREENING AND FENCES" AS MORE FULLY DESCRIBED
HEREIN BELOW; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING
APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY; 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 FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE. (PD AMD-08-029)
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is
a Home Rule Municipality acting under its Charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z
amending Ordinance 1\10. 2006-11 P&Z, creating PO Planned Development No.
27, known as The Highlands at Trophy Club (hereinafter "PO No. 27"); and
WHEREAS, the Developer wishes to add a definition for "Key Lot"; and
WHEREAS, the Developer wishes to add Items 3 and 4 to Section C.
"Screening and Fences"; and
WHEREAS, all legal notices, requirements and conditions having been
complied with, the case to amend PO No. 27 came before the Planning and
Zoning Commission; and
ORDINANCE NO. 2009-01 P&Z 1
WHEREAS, after public notices were given in compliance with State law
and public hearings were conducted, and after considering the information
submitted at 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 amendments to Ordinance No. 2007-15
P&Z as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and
conditions, a public hearing was held before Town Council at which the Town
Council considered the proposed amendments and considered, among other
things, the impact of the proposed amendments on density, the character of the
land and its suitability for particular uses, with a view of encouraging the most
appropriate use of land in the Town, and does hereby find that the adoption of
the amendments hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity for
the amendments to Ordinance No. 2007-15 P&Z, and the Town Council has
determined that this Ordinance should be adopted, that the proposed change is
consistent with the Comprehensive Land Use Plan, and that the terms of this
Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z in
their entirety except as may be specifically set forth herein;
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.
AMENDMENTS
I I 2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the
same being the Town's PD No. 27, Section III. DEFINITIONS of Exhibit "B"
entitled "Development Standards," is hereby amended as follows to add a
definition for "Key Lot" to be placed in alphabetical order as part of the existing
list of definitions with all other definitions remaining the same and all other
articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
III. DEFINITIONS
ORDINANCE NO. 2009-01 P&Z 2
Key Lot: Any lot which has a street adjacent to both its front and side building
lines, and its rear property line is also the side property line of an adjacent lot.
2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same
being the Town's PO No. 27, Section VI. DEVELOPMENT AND DESIGN
STANDARDS, C. Screening and Fences is hereby amended to add subsections
3, 4 and 5 so that Section VI, C shall be and read in its entirety as follows, and all
other articles, chapters, sections, paragraphs, sentences, phrases and words are
not amended but are hereby ratified and affirmed:
C. Screening and Fences: All development within The Highlands at Trophy
Club Planned Development District shall comply with Section 45 of the
Town of Trophy Club Zoning Ordinance in effect at the time of Town
Council approval of this ordinance, with the following modifications:
1. Fencing on corner lots facing side streets shall be enhanced
wooden fences (board-on-board or other design, with a top cap).
All enhanced fencing within any neighborhood shall be consistent,
and shall be approved with the Detailed Site Plan.
2. Fencing facing open space, parks, floodplain, or flowage
easement shall be wrought iron (or tubular steel) as required by
Town Ordinance, with the exceptions of the following that may be
solid wood fencing:
a) Facing gas well sites.
b) Facing active use park areas (ball fields, swim center,
neighborhood center, etc.)
c) Facing other areas specifically approved at the time of
Detailed Site Plan.
3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a
side street for Lot Types 1 and 2 shall be located 1D-ft. from the
property line, and must be 1D-ft. behind the front fagade; no
differential for key lots.
4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a
side street for Lot Types 3 and 4 shall be located on the property
line, and must be 1D-ft. behind the front fagade; no differential for
key lots.
5. Side yards adjacent to perimeter fencing may connect to the
perimeter fencing and the side yard fence must be located a
minimum of ten feet (1 D-ft.) behind the front fa9ade. The HOA will
maintain the perimeter fencing; the homeowner will maintain the
fence connecting to the perimeter fencing.
SECTION 3.
ORDINANCE NO. 2009-01 P&Z 3
APPLICABLE REGlILArlONS
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
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the PD No. 27 and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether 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 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.
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 6.
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 7.
PUBLICATION
ORDINANCE NO. 2009-01 P&Z 4
The Town Secretary of the Town of Trophy Club is hereby directed to
publish, the Caption, Penalty and Effective Date 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 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.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 5th day of January, 2009.
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
~o~ao.tAowr;Secrea· <
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2009-01 P&Z 5