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Agenda Packet P&Z 06/02/2005Planning & Zoning Commission Page 1 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Town of Trophy Club Planning & Zoning Public Hearing Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, June 2, 2005 7:00 P.M. A.1 Call to order and announce a quorum. B.1 Discuss and take appropriate action relative to: a. Preliminary Plat for an 11.05 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (PP-05-006) b. Final Plat for an 11.05 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (FP-05-004) B.2 Consider: An Ordinance Repealing Ordinance No. 2002-42 P&Z in its entirety and Amending Ordinance No. 2000-06 P&Z by Amending Article 2, Section 10 entitled "Definitions" and by Repealing Article 7, Section 45, entitled "Screening & Fencing", in its entirety and adopting a new Section 45, entitled "Screening & Fencing". (AMD-05-018) C.1 Discuss and take appropriate action relative to: a. Public Hearing agenda item B.2 D.1 Adjournment. Planning & Zoning Commission Page 2 of 41 Public Hearing & Regular Session Meeting 2 June 2005 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-2-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (kcf) Planning & Zoning Commission Page 3 of 41 Public Hearing & Regular Session Meeting 2 June 2005 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-2-2005 Subject: Agenda Item No.B.1 Discuss and take appropriate action relative to: a. Preliminary Plat for an 11.05 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (PP-05-006) b. Final Plat for an 11.05 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (FP-05-004) LOCATION: Located generally to the north of Clear Vista Drive and Panorama Circle OWNER: Beck Properties APPLICANT: Beck Properties NO. NOTICES SENT: Notices are not required to be sent for Preliminary or Final Plats. RESPONSES: N/A STAFF COMMENTS: Purpose: To consider approval of a Preliminary Plat and a Final Plat for approximately 11.05 acres, 25 residential lots and one open space lot. Existing Condition of the Property: The land is currently zoned R-12. Staff Findings: The plat has been reviewed by the Town Engineer, Water Department, Fire Department and Planning staff and appears to be in compliance with the Town’s Subdivision Regulations. (kcf) Planning & Zoning Commission Page 4 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Planning & Zoning Commission Page 5 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Planning & Zoning Commission Page 6 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Planning & Zoning Commission Page 7 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Planning & Zoning Commission Page 8 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Planning & Zoning Commission Page 9 of 41 Public Hearing & Regular Session Meeting 2 June 2005 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-2-2005 Subject: Agenda Item No.B.2 Consider: An Ordinance Repealing Ordinance No. 2002-42 P&Z in its entirety and Amending Ordinance No. 2000-06 P&Z by Amending Article 2, Section 10 entitled "Definitions" and by Repealing Article 7, Section 45, entitled "Screening & Fencing", in its entirety and adopting a new Section 45, entitled "Screening & Fencing". (AMD-05-018) STAFF COMMENTS: Included in the Commission’s back-up information are two copies of the proposed Ordinance. One copy is in legislative format, and the second in final form. The first copy (in legislative format) contains several changes from the Commission’s previous meeting. In order to indicate the changes, the added text has been highlighted. Kerin Fleck added or revised the text highlighted in yellow, and the text highlighted in blue was added or revised by the Town Attorney, Patricia Adams. Below is a summary of the revisions: Section 10 of Article 2 - Definitions: Animal Run, Architectural Grade Metal, Masonry Materials, P&Z Coordinator, Retaining Wall and Vinyl Fence definitions were added. Patricia made changes to Dilapidated and Maintenance. Section 45 of Article 7 – A. Purpose: Clarified that all fences must conform to the Ordinance regulations, even if a permit is not required. B. Fences: Added permit requirements (regulations are the same as the current Ordinance); Provided Maintenance & Replacement criteria (regulations are the same as the current Ordinance); added requirements for the aesthetic maintenance. Subsection (a.) made into a sentence and clarified. C. Location: Miscellaneous revisions made for clarity; Subsection (6) made to read more clearly, defined the role of the Planning & Zoning Commission for zoning purposes. D. Materials: Made into a sentence; added vinyl materials. Planning & Zoning Commission Page 10 of 41 Public Hearing & Regular Session Meeting 2 June 2005 E. General Construction Requirements: Clarified text relating to the alteration of drainage plans. F. Construction Requirements for Pre-Cast Concrete Fences: No change. G. Animal Runs: Added criteria (regulations are the same as the current Ordinance); Increased maximum height to match overall height change; added requirements for the aesthetic maintenance. H. Retaining Walls: Added criteria (regulations are the same as the current Ordinance) – text highlighted in yellow has been added to provide Permit Requirements. Maintenance & Forms Survey section added. I. Inspection: Criteria added (regulations are the same as the current Ordinance); clarified correction work must be done prior to permit expiration. J. Screening Standards: No change. K. Non-Living Screening: Minor revisions, designated the developer to construct the fence or wall. L. Maintenance and Repair of Non-Living Material: Required all repair work to be consistent with the existing materials. M. Living Screening: Minor revisions made for clarity. N. Maintenance of Living Material: No change from previous meetings. O. Additional Screening, Fencing, Landscaping: No change from current provisions. P. Special Exception: This Section designates the Zoning Board of Adjustment to hear and take action on Fence/Retaining Wall and Animal Run exceptions. The process will not require a public hearing and will only be one step for the applicant, instead of the current two-step process of the Commission and then the Town Council. The fee will remain the same as it is presently and is addressed in the Town’s Fee Schedule. (kcf) Planning & Zoning Commission Page 11 of 41 Public Hearing & Regular Session Meeting 2 June 2005 TOWN OF TROPHY CLUB ORDINANCE NO. 2005 - __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-42 IN ITS ENTIRETY AND AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10 OF ORDINANCE NO. 2000-06 ENTITLED “GENERAL DEFINITIONS” TO PROVIDE DEFINITIONS RELATING TO FENCING; AND BY REPEALING ARTICLE 7, SECTION 45, OF ORDINANCE NO. 2000-06, ENTITLED "SCREENING & FENCING", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 45 OF ORDINANCE NO. 2000-06 ENTITLED “FENCING, RETAINING WALLS & SCREENING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; PROVIDING PERMIT REQUIREMENTS FOR FENCES; PRESCRIBING CRITERIA FOR LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE AND PROHIBITED MATERIALS; ESTABLISHING GENERAL CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION REQUIREMENTS FOR PRE-CAST CONCRETE FENCES; PRESCRIBING CRITERIA FOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PRESCRIBING CRITERIA FOR RETAINING WALLS, INCLUDING PERMIT, HEIGHT, LOCATION, MATERIALS, MAINTENANCE AND SURVEY REQUIREMENTS; ESTABLISHING INSPECTION GUIDELINES; PROVIDING REGULATIONS GOVERNING SCREENING STANDARDS FOR FENCES, WALL AND HEDGES; PROVIDING STANDARDS FOR NON-LIVING SCREENING; PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON- LIVING MATERIALS; PROVIDING STANDARDS FOR LIVING SCREENING; PROVIDING FOR THE MAINTENANCE OF LIVING MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING, FENCING AND LANDSCAPING; ESTABLISHING CRITERIA FOR SPECIAL EXCEPTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, Planning & Zoning Commission Page 12 of 41 Public Hearing & Regular Session Meeting 2 June 2005 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 WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance (hereinafter referred to as “CZO”) for the Town; and WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-42 P&Z, an Ordinance establishing regulations governing the construction, regulation and permitting of Fences and Retaining Walls; and WHEREAS, both Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z contained criteria for fences, retaining walls and screening; and WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily accessed by the public, staff has determined it appropriate to repeal Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z to include all criteria relating to Fences, Retaining Walls and Screening in the CZO, under Section 45 of Article 7, entitled “Fences, Retaining Walls and Screening”; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning Commission and the 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 those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 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 Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town’s Comprehensive Zoning Ordinance, is hereby amended in the following Planning & Zoning Commission Page 13 of 41 Public Hearing & Regular Session Meeting 2 June 2005 particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 2, Section 10 – General Definitions is amended as follows: Animal Run: A structure or barrier for the purpose of containing a dog. Barrier: A fence, wall, building wall or combination thereof which completely surrounds a swimming pool or spa and obstructs or restricts access to such swimming pool or spa. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. In no event shall “fence” mean any wall or structure constructed or placed in the front yard of a residence. Maintenance: The All work necessary or appropriate to of keeping a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and split face concrete masonry units. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-half inch (½”) apart. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. Planning & Zoning Commission Page 14 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and ornamental metal. Wall: Wood Rail Fence: A fence made of wood, typically with vertical support posts and horizontal wooden posts or split rails. The horizontal rails typically consist of two or three parallel rails with open space between the rails. Article 7, Section 45 – Screening & Fencing is amended as follows: SECTION 45 – SCREENING AND FENCING, RETAINING WALLS & SCREENING A. Purpose: In order Tto encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices and retaining walls to be used when required or allowed in the various zoning districts or in this Section in accordance with the following standards. Provided, however, that nothing in this Section shall be deemed to repeal any provision of the Town fence ordinance, and all provisions of said ordinance shall be compiled with and are hereby ratified, verified, approved, and affirmed. No fence shall be constructed in violation of any of the regulations contained herein B. Fences: 1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the Town’s Permitting Department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed it’s final inspection by the Building Official or his designated representative. a. Maintenance/Replacement: A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 21. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property aton which it is installed and shall be measured from the Planning & Zoning Commission Page 15 of 41 Public Hearing & Regular Session Meeting 2 June 2005 natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the , maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)b and (5)b, of this Ordinance. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. 1. Front Elevation: All fences shall be located a minimum of Tten feet (10’) behind the front elevation of primary the structure. 2. Side Yard Adjacent to Side Street: Side yard fences shall be located Wwithin the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, with the following exceptionsexcept where the following conditions exist. A fence:: a. Surrounding a transformer; b. Providing a barrier for pools and spas as required by applicable law; c. The fenceThat shares a common post with the an existing fence; d. Due to construction limitations, as determined by the Planning & Zoning Official or their designee, it is not possible to share a common post, in which case the fence shall not be constructed more that ten inches (10”) from the existing fence. 4. Golf Course Lots: a. All fences on lots facing or abutting a golf course lots shall be constructed of ornamental metal. b. All fences on lots contiguous to a golf course shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. c. On lots abutting a golf course in residentially zoned areas, screening along the golf course shall be limited to the height of the fence and shall meet all other requirements of this Ordinance. 5. Public Park Lots: Planning & Zoning Commission Page 16 of 41 Public Hearing & Regular Session Meeting 2 June 2005 a. All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal. b. All fences on lots contiguous to a public park shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 65. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be provided allowed according to the following requirements: a. A decorative masonry or ornamental wall or wood fence consisting of masonry posts at eight foot (8’) intervals with sealed Western Red Cedar Welco wooden insets or equivalent, shall be constructed on property lying along the perimeter boundary Town Limits line of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a sSite Plan submitted as part of a zoning specific request and upon the submission tting of appropriate documentation material. c. b. Where a tract of land has been platted or is owned under single ownership or under single control, which tract of land touches any part of the perimeter or corporate limits of the Town, Tthe owner, subdivider or developer of that a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8’) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of at the time any street improvements are constructed within the subdivision, at the commencement of any other construction, or upon the development of any kind upon the said such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the Town. d. c. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. D. Materials: 1. Acceptable Materials: Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. aArchitectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with facing, wood, wrought iron, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be approved by the Planning & Zoning Coordinator or Planning & Zoning Commission Page 17 of 41 Public Hearing & Regular Session Meeting 2 June 2005 their designee prior to fence permit approval. 2. Prohibited Materials: Unless specifically provided above, all other materials shall be prohibited.Chain link; mesh; rope; string; wire and wire products including, but not limited to, barbed wire, razor ribbon wire, chicken wire, wire fabric and welded wire fabrics; chain; netting; cut or broken glass; paper; corrugated metal panels; landscape timbers, railroad ties, lattice work panels and plywood are prohibited. Wood, metal or plastic products that are designed specifically for uses other than fence construction are also prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, adopted by the Town shall be applicable to the construction of a fence and are hereby incorporated herein and made a part of this Ordinance. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on common street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not common facing with street rights-of- way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Animal Runs: A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the Town’s Animal Control Ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal. 1. Construction Requirements: a. The animal run shall be fully contained within an opaque privacy fence; b. The animal run shall be constructed only of: i. Top-rail galvanized chain link fencing with a gauge of 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. Planning & Zoning Commission Page 18 of 41 Public Hearing & Regular Session Meeting 2 June 2005 c. The animal run shall not: i. Have metal or fiberglass roofing; ii. Exceed eight feet (8’) or the height of the perimeter fence; iii. Shall not be visible from any public right-of-way. d. Maintenance: Animal runs shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4’) or higher. 1. Permit Requirements: Permit applications for retaining walls must be accompanied by a site plan indicating the following: a. The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100’); and b. Height of all structures; and c. The location of all existing building lines, easements, watercourses, etc.; and d. Additional information as required by the Building Official. 2. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall. a. Any retaining wall exceeding four feet (4’) in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted. b. Retaining walls below four feet (4’) in height, as measured by the requirements of this Ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this Section H shall apply. 3. Location: Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the Town’s Sight- Visibility requirements, located in the Appendix of the Zoning Ordinance. 4. Materials: Planning & Zoning Commission Page 19 of 41 Public Hearing & Regular Session Meeting 2 June 2005 a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block or similar materials shall have facing added to their exposed surface(s). b. Prohibited Materials: The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced. 5. Maintenance: Retaining Walls must be maintained in their original design, placement and structural integrity. 6. Survey Required: Following the issuance of any permit by the Town for retaining walls a minimum of four feet in height (4’), and prior to the inspection by the Town of such retaining wall, the applicant shall submit to the Town a Forms Survey as approved by the Building Official. Such survey shall be prepared by a registered and licensed professional surveyor, and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back lines and other matters located on or affecting the property; and b. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and c. Show any portion of the property within any floodplain, floodway or other watercourses. I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the Permitting Department to request all required inspections. Failure to request any required inspection shall be a violation of this Ordinance. The Building Official shall “pass” the inspection if the structure meets with the requirements of the Ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a re-inspection, prior to the expiration of the permit. Planning & Zoning Commission Page 20 of 41 Public Hearing & Regular Session Meeting 2 June 2005 GJ. Screening Standards: Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be compiled with: K. Non- Living Screening: 1. Non- living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or 2. A solid fence. 3.2. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) by the non-residential use with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 34. In non-residential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from public view by a masonry fence or wall of at least eight feet (8’) in height. 45. Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 56. In allny districts, exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission.Planning & Zoning Coordinator. L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall Planning & Zoning Commission Page 21 of 41 Public Hearing & Regular Session Meeting 2 June 2005 be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. M. Living Screening: 1. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. 62. On lots abutting a golf course or public parks in residentially zoned areas, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a the maximum height of the six feet (6’)fence and shall meet all other requirements of this Ordinance. 38. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 94. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 105. Fences, Walls, Hedges: With the exception of otherExcept as otherwise restricted by the provisions of this Oordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8’) not to exceed six feet in height, provided and the following requirements shall also apply be observed: a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right-of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. At Interior Lots: On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in Planning & Zoning Commission Page 22 of 41 Public Hearing & Regular Session Meeting 2 June 2005 any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this Oordinance, shall be removed upon written notice by certified mail from the Town’s Planning and Zoning OfficialCoordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. N. Maintenance of Living Material: All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. JO. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance. A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception under this Section. 1. For the purpose of this Ordinance, the following are established as general conditions, ALL of which are to be met upon the granting of any special exception. a. No diminution in value of surrounding properties would be suffered; and b. Granting the permit would be of benefit to the public interest or surrounding Planning & Zoning Commission Page 23 of 41 Public Hearing & Regular Session Meeting 2 June 2005 properties; and c. Denial of the permit would result in unnecessary hardship to the owner seeking it; and d. A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and e. By granting the permit, substantial justice would be done; and f. The use must not be contrary to the spirit of the Ordinance. 2. The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Fences, Retaining Walls and Screening regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. PENALTY Planning & Zoning Commission Page 24 of 41 Public Hearing & Regular Session Meeting 2 June 2005 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 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 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 of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. 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 Town of Trophy Club, Texas, this __ day of June, 2005. Mayor Town of Trophy Club, Texas Effective Date: Planning & Zoning Commission Page 25 of 41 Public Hearing & Regular Session Meeting 2 June 2005 [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Planning & Zoning Commission Page 26 of 41 Public Hearing & Regular Session Meeting 2 June 2005 TOWN OF TROPHY CLUB ORDINANCE NO. 2005 - __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-42 IN ITS ENTIRETY AND AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10 OF ORDINANCE NO. 2000-06 ENTITLED “GENERAL DEFINITIONS” TO PROVIDE DEFINITIONS RELATING TO FENCING; AND BY REPEALING ARTICLE 7, SECTION 45, OF ORDINANCE NO. 2000-06, ENTITLED "SCREENING & FENCING", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 45 OF ORDINANCE NO. 2000-06 ENTITLED “FENCING, RETAINING WALLS & SCREENING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; PROVIDING PERMIT REQUIREMENTS FOR FENCES; PRESCRIBING CRITERIA FOR LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE AND PROHIBITED MATERIALS; ESTABLISHING GENERAL CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION REQUIREMENTS FOR PRE-CAST CONCRETE FENCES; PRESCRIBING CRITERIA FOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PRESCRIBING CRITERIA FOR RETAINING WALLS, INCLUDING PERMIT, HEIGHT, LOCATION, MATERIALS, MAINTENANCE AND SURVEY REQUIREMENTS; ESTABLISHING INSPECTION GUIDELINES; PROVIDING REGULATIONS GOVERNING SCREENING STANDARDS FOR FENCES, WALL AND HEDGES; PROVIDING STANDARDS FOR NON-LIVING SCREENING; PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON- LIVING MATERIALS; PROVIDING STANDARDS FOR LIVING SCREENING; PROVIDING FOR THE MAINTENANCE OF LIVING MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING, FENCING AND LANDSCAPING; ESTABLISHING CRITERIA FOR SPECIAL EXCEPTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, Planning & Zoning Commission Page 27 of 41 Public Hearing & Regular Session Meeting 2 June 2005 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 WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance (hereinafter referred to as “CZO”) for the Town; and WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-42 P&Z, an Ordinance establishing regulations governing the construction, regulation and permitting of Fences and Retaining Walls; and WHEREAS, both Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z contained criteria for fences, retaining walls and screening; and WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily accessed by the public, staff has determined it appropriate to repeal Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z to include all criteria relating to Fences, Retaining Walls and Screening in the CZO, under Section 45 of Article 7, entitled “Fences, Retaining Walls and Screening”; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning Commission and the 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 those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 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 Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town’s Comprehensive Zoning Ordinance, is hereby amended in the following Planning & Zoning Commission Page 28 of 41 Public Hearing & Regular Session Meeting 2 June 2005 particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 2, Section 10 – General Definitions is amended as follows: Animal Run: A structure or barrier for the purpose of containing a dog. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. In no event shall “fence” mean any wall or structure constructed or placed in the front yard of a residence. Maintenance: All work necessary or appropriate to keep a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and split face concrete masonry units. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. Planning & Zoning Commission Page 29 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and ornamental metal. Article 7, Section 45 – Screening & Fencing is amended as follows: SECTION 45 –FENCING, RETAINING WALLS & SCREENING A. Purpose: In order to encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices and retaining walls to be used when required or allowed in the various zoning districts or in this Section in accordance with the following standards. No fence shall be constructed in violation of any of the regulations contained herein B. Fences: 1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the Town’s Permitting Department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed it’s final inspection by the Building Official or his designated representative. a. Maintenance/Replacement: A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 2. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property on which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)b and (5)b, of this Ordinance. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. Planning & Zoning Commission Page 30 of 41 Public Hearing & Regular Session Meeting 2 June 2005 1. Front Elevation: All fences shall be located a minimum of ten feet (10’) behind the front elevation of primary the structure. 2. Side Yard Adjacent to Side Street: Side yard fences shall be located within the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, except where the following conditions exist. A fence: a. Surrounding a transformer; b. Providing a barrier for pools and spas as required by applicable law; c. That shares a common post with an existing fence; 4. Golf Course Lots: a. All fences on lots facing or abutting a golf course shall be constructed of ornamental metal. b. All fences on lots contiguous to a golf course shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 5. Public Park Lots: a. All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal. b. All fences on lots contiguous to a public park shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 6. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be allowed according to the following requirements: a. A decorative masonry wall shall be constructed on property lying along the perimeter boundary of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation material. Planning & Zoning Commission Page 31 of 41 Public Hearing & Regular Session Meeting 2 June 2005 c. The owner, subdivider or developer of a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8’) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of any street improvements within the subdivision, at the commencement of any other construction, or upon the development of any kind upon such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the Town. d. . Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. D. Materials: 1. Acceptable Materials: Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be approved by the Planning & Zoning Coordinator or their designee prior to fence permit approval. 2. Prohibited Materials: Unless specifically provided above, all other materials shall be prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, adopted by the Town shall be applicable to the construction of a fence and are hereby incorporated herein and made a part of this Ordinance. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not facing with street rights-of-way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. Planning & Zoning Commission Page 32 of 41 Public Hearing & Regular Session Meeting 2 June 2005 F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Animal Runs: A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the Town’s Animal Control Ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal. 1. Construction Requirements: a. The animal run shall be fully contained within an opaque privacy fence; b. The animal run shall be constructed only of: i. Top-rail galvanized chain link fencing with a gauge of 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. c. The animal run shall not: i. Have metal or fiberglass roofing; ii. Exceed eight feet (8’) or the height of the perimeter fence; iii. Shall not be visible from any public right-of-way. d. Maintenance: Animal runs shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4’) or higher. 1. Permit Requirements: Permit applications for retaining walls must be accompanied by a site plan indicating the following: a. The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100’); and b. Height of all structures; and c. The location of all existing building lines, easements, watercourses, etc.; and d. Additional information as required by the Building Official. Planning & Zoning Commission Page 33 of 41 Public Hearing & Regular Session Meeting 2 June 2005 2. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall. a. Any retaining wall exceeding four feet (4’) in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted. b. Retaining walls below four feet (4’) in height, as measured by the requirements of this Ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this Section H shall apply. 3. Location: Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the Town’s Sight- Visibility requirements, located in the Appendix of the Zoning Ordinance. 4. Materials: a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block or similar materials shall have facing added to their exposed surface(s). b. Prohibited Materials: The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced. 5. Maintenance: Retaining Walls must be maintained in their original design, placement and structural integrity. 6. Survey Required: Following the issuance of any permit by the Town for retaining walls a minimum of four feet in height (4’), and prior to the inspection by the Town of such retaining wall, the applicant shall submit to the Town a Forms Survey as approved by the Building Official. Such survey shall be prepared by a registered and licensed professional surveyor, and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back lines and other Planning & Zoning Commission Page 34 of 41 Public Hearing & Regular Session Meeting 2 June 2005 matters located on or affecting the property; and b. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and c. Show any portion of the property within any floodplain, floodway or other watercourses. I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the Permitting Department to request all required inspections. Failure to request any required inspection shall be a violation of this Ordinance. The Building Official shall “pass” the inspection if the structure meets with the requirements of the Ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a re-inspection, prior to the expiration of the permit. J. Screening Standards: Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be compiled with: K. Non- Living Screening: 1. Non- living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or 2. A solid fence. 3. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non- residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 4. In non-residential areas, garbage, refuse and trash collection/storage areas shall be Planning & Zoning Commission Page 35 of 41 Public Hearing & Regular Session Meeting 2 June 2005 gated and fully screened from public view by a masonry fence or wall of at least eight feet (8’) in height. 5. Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 6. In all districts exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other materials have been approved by the Planning & Zoning Coordinator. L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. M. Living Screening: 1. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. 2. On lots abutting a golf course or public parks in residentially zoned area, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a maximum height of six feet (6’) and shall meet all other requirements of this Ordinance. 3. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 4. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 5. Fences, Walls, Hedges: Except as otherwise restricted by the provisions of this Ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8’) in height, and the following requirements shall also apply be observed: Planning & Zoning Commission Page 36 of 41 Public Hearing & Regular Session Meeting 2 June 2005 a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right-of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this Ordinance shall be removed upon written notice by certified mail from the Town’s Planning and Zoning Coordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. N. Maintenance of Living Material: All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. O. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a Planning & Zoning Commission Page 37 of 41 Public Hearing & Regular Session Meeting 2 June 2005 Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance. A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception under this Section. 1. For the purpose of this Ordinance, the following are established as general conditions, ALL of which are to be met upon the granting of any special exception. a. No diminution in value of surrounding properties would be suffered; and b. Granting the permit would be of benefit to the public interest or surrounding properties; and c. Denial of the permit would result in unnecessary hardship to the owner seeking it; and d. A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and e. By granting the permit, substantial justice would be done; and f. The use must not be contrary to the spirit of the Ordinance. 2. The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Fences, Retaining Walls and Screening regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Planning & Zoning Commission Page 38 of 41 Public Hearing & Regular Session Meeting 2 June 2005 SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain 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 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 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 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 of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. Planning & Zoning Commission Page 39 of 41 Public Hearing & Regular Session Meeting 2 June 2005 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 Town of Trophy Club, Texas, this __ day of July, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Planning & Zoning Commission Page 40 of 41 Public Hearing & Regular Session Meeting 2 June 2005 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-2-2005 Subject: Agenda Item No.C.1 Discuss and take appropriate action relative to: a. Public Hearing agenda item B.2 STAFF COMMENTS: Refer to Agenda Item B.2 (kcf) Planning & Zoning Commission Page 41 of 41 Public Hearing & Regular Session Meeting 2 June 2005 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 6-2-2005 Subject: Agenda Item No.D.1 Adjournment. (kcf)