ORD 2010-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-04 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 96-07B, KNOWN AS PD
PLANNED DEVELOPMENT NO. 15, BY ADOPTING THIS
ORDINANCE TO REFLECT A CHANGE TO EXHIBIT "C"
ENTITLED "DEVELOPMENT STANDARDS", SECTION H.
"FENCESIWALLS", 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.
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. 96-078,
creating PO Planned Development No. 15, known as The Lakes of Trophy Club
(hereinafter "PO No. 15"); and
WHEREAS, the Homeowners Association for the Lakes of Trophy Club
wishes to amend the height of side and rear yard fencing in The Lakes from a
maximum of 6-ft. in height to a maximum of 8-ft. in height; and
WHEREAS, all legal notices, requirements and conditions having been
complied with, the case to amend PO No. 15 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 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. 96-078
as set forth in this Ordinance; and
Ordinance 2010-04 1
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 amendment to Ordinance No. 96-07B, that the amendment is appropriate
and is consistent with the other development standards allowed in The Lakes of
Trophy Club, PD No. 15, 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. 96-07B in their entirety as
specifically set forth herein and that all other terms contained in Ordinance No.
96-07B shall remain in full force and effect;
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
2.01 Exhibit "C" entitled "Development Standards", Section H. entitled
"FENCESIWALLS", of Ordinance No. 96-07B of the Town of Trophy Club,
Texas, the same being the Town's Planned Development No. 15, is amended to
read in its entirety as follows, and all other terms and provisions of Ordinance No.
96-07B shall remain in full force and effect:
H. FENCESIWALLS.
1. Side or Rear Yard Fencing. Side or rear yard fencing
placed in the Lakes may be a maximum of eight (8) feet high and
constructed of cedar, ornamental iron, or masonry extending from the
main structure to the rear of the Lot. No fence on any Lot shall extend
nearer the street than ten (10) feet behind the front of the residence
thereon. Notwithstanding the above, any portion of a fence constructed
Ordinance 2010-04 2
along the rear of a Lot, adjoining a water amenity in Village 1 -Meadow
Lakes, as indicated in Exhibit H (Landscape Concept Plan), shall be four
(4) feet in height and constructed of ornamental iron only.
2. Perimeter Fence. The Perimeter Fences defined in (a), (b),
(c), (d), (e), and (f) below and shown on Exhibit H shall be installed as
each phase is platted and developed as indicated on the development
schedule in Exhibit I.
(a) Trophy Club Drive. All fencing along Trophy Club Drive
with the exception of the area fronting the lake shall be six
(6) feet in height and shall be of masonry construction. The
fencing along the lake shall be six (6) feet in height and shall
be constructed of ornamental iron with masonry columns a
minimum of every thirty (30) feet and at the corners.
(b) Screening fence between Village 4 -Park View and
Roanoke. All fencing separating the Lots in the Park View
Village and Roanoke shall be eight (8) feet in height and
constructed of cedar with masonry columns every 20 feet.
(c) Fencing around Village 2 -Meadow Ridge. All side and
rear yard fencing in the Meadow Ridge Village may be a
maximum of eight (8) feet, with the exception of the
screening wall along Trophy Club Drive, which shall be six
(6) feet in height and shall be constructed of cedar with
masonry columns at the lot corners.
(d) Fencing around Village 1 -Meadow Lakes. All side and
rear yard fencing in the Meadow Lakes Village may be a
maximum of eight (8) feet, with the exception of the
screening wall along Trophy Club Drive, which shall be six
(6) feet in height and shall be constructed of cedar with
masonry columns at the lot corners. The section of fencing
across the street from Trophy Lake (Lot A) shall be masonry
construction with ornamental iron sections providing view
corridors to the lake system.
(e) Electronic Access Gates. Electronic access gates shall be
double entried (ingress and egress). Construction shall be
metal with a maximum height of nine feet (9'). Access for
horne owners will be by card access; visitors by electronic
call box; exiting by pressure sensitive strips in the pavement
or electronic sensors. Emergency personnel and law
enforcement personnel will be by access card or in case of
Ordinance 2010-04 3
access failure, emergency pull box. Electronic guard gates
will only be located on private streets.
(f) Fencing Detail (Examples). Attached as Exhibit F is a
detailed drawing showing typical elevations of entryway
treatments, masonry wall and ornamental fence sections.
Although this Exhibit is only a representation of the quality
and general look of the screening walls and entryway
treatments, all fencing within the Lakes will be of equal or
higher quality. Each Village will have its own unique,
professionally designed entryway treatment that will
establish the identity and set the tone for that specific
community. Detailed drawings of all fencing and entryway
treatments will be submitted for approval with the final plat.
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
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the PO No. 15 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
Ordinance 2010-04 4
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
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 15th day of February, 2010.
Mayor, Connie White
Town of Trophy Club, Texas
Ordinance 2010-04 5
ATTEST:
" '--:-;/' /) C ~) 0(1 ['I 7i /l /7a, -~ Town Secretary--
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Ordinance 2010-04 6