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"