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ORD 2010-16TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-16 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 COMPREiHENSIVE 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 In. "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 EINROlLMENTj ANO 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 . 2007-15 P&Z amending Ordinance No. 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 gate and associated fencing across the driveways of Lot Types 1, 2 , and 3 ; 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 WHEREAS, after public notices were given in compliance with State law and public hearings were conducted , and after considering the information Ord . 2010-16 (File 102010-214) 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 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, 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 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 "8" entitled "Development Standards," is hereby amended as follows to add a definition for "Main Structure" and "Primary Residence" 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: Ord 2010-16 (File 102010-214) III. DEFINITIONS Main Structure : The primary residence to be constructed on any Lot. Primary Residence : The dwelling place that a person occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes . 2.02 Ordinance No . 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No . 27, Section VI. DEVELOPMENT AND DESIGN STANDARDS, C. Screening and Fences is hereby amended to add subsections 6 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 10-ft. from the property line, and must be 10-ft . behind the front fa<;ade; 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 10-ft. behind the front fa<;ade; no differential for key lots . 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 (10-ft) behind the front fa<;ade The HOA will maintain the perimeter Ord 2010-16 (File ID 2 010 -2 14) 5 fencing; the homeowner will maintain the fence connecting to the perimeter fencing. 6 . Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway . b . The hinge-end(s) of the gate(s) shall terminate into a minimum 2'x 2' masonry structure , the Main Structure, or an Accessory Building. c. The gate and associated fencing material must be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10' behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d . The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10' behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area . e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall ; In no instance shall the wrought iron fence extend down the side yard property line creating a "double-fencing" situation with the masonry screening wall. 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 . 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 Ord 2010-16 (File 10 2010-214) 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 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. Ord. 2010-16 (File 102010-214) PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26 th day of April, 2010. Mayor, Connie White T own of Trophy Club, Texas ATTEST: l own Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: j:dtuL~ Town Attorney Town of Trophy Club, Texas Ord. 2010-16 (File 10 2010-214)