09.04.2025 PZ Agenda Packet
TOWN OF TROPHY CLUB
PLANNING & ZONING
COMMISSION MEETING
AGENDA
1 Trophy Wood Drive
Trophy Club, Texas 76262
September 4, 2025 6:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Board/Commission on any matter pursuant to Texas
Government Code Sec. 551.007. The Board/Commission is not permitted to discuss or take action on any
presentations made concerning matters that are not listed on the agenda. Presentations are limited to
matters over which the Board/Commission has authority. Speakers have up to three (3) minutes or the
time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak
by completing the Speaker’s Form or may email jross@trophyclub.org.
REGULAR ITEMS
1. Proposed Zoning Change.
Conduct a public hearing and make a recommendation to the Town Council amending Sections
14.02.052, "Definitions," Section 14.02.103, "Use Table," and Division 5, "Supplementary District
Regulations," of Article 2, "Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances,
Town of Trophy Club, Texas, by updating regulations pertaining to Nursing Facilities, Assisted Living
Facilities, and Community Homes and establishing for the registration of such operations; providing that
this Ordinance shall be cumulative of all Ordinances. (Tamara Smith, Assistant to the Town Manager)
i. Conduct Public Hearing
ii. Consider Recommendation
2. Consider approval of the August 14, 2025, Planning & Zoning Commission meeting minutes. (Jackie
Ross, Sr. Administrative Assistant)
FUTURE AGENDA ITEMS
ADJOURN
The Board/Commission may convene into executive session to discuss posted items as allowed by Texas Government Code Sections 551.071
through 551.076 and Section 551.087.
Notice is hereby given that a quorum of the Town of Trophy Club Town Council may be in attendance at this meeting. The Town Council will
not deliberate or take any action.
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Trophy Club, Texas, in a place
convenient and readily accessible to the general public at all times on the following date and time: August 26, 2025, at 3:45 PM, and said
Notice of Meeting was also posted concurrently on the Town’s website in accordance with Texas Government Code Ch. 551 at least 72 hours
prior to the scheduled time of said meeting.
Jackie Ross, Sr. Administrative Assistant
If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-
2372900, 48 hours in advance, and reasonable accommodations will be made to assist you.
Page 1 of 34
PLANNING & ZONING COMMISSION
COMMUNICATION
MEETING DATE: September 4, 2025
FROM: Tamara Smith, MSL, Assistant to the Town Manager
AGENDA ITEM: Proposed Zoning Change.
Conduct a public hearing and make a recommendation to the Town Council
amending Sections 14.02.052, "Definitions," Section 14.02.103, "Use Table,"
and Division 5, "Supplementary District Regulations," of Article 2, "Zoning
Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of
Trophy Club, Texas, by updating regulations pertaining to Nursing Facilities,
Assisted Living Facilities, and Community Homes and establishing for the
registration of such operations; providing that this Ordinance shall be
cumulative of all Ordinances. (Tamara Smith, Assistant to the Town Manager)
i. Conduct Public Hearing
ii. Consider Recommendation
BACKGROUND/SUMMARY:
As part of the FY 2025 Business Plan, Goal #5 focuses on establishing best practices for
permitting and regulating senior group homes and boarding homes. This effort includes
developing recommendations for potential ordinance improvements to enhance Trophy Club's
reputation as a premier neighborhood community.
In the Town's current ordinance, Convalescent and Group Homes are not state-regulated or
licensed, posing legal risks to the Town. To mitigate this risk, proposed ordinance amendments
will incorporate Assisted Living Facilities and Community Homes, both state-licensed and
regulated, while setting occupancy limits for group homes to enhance compliance.
A reasonable accommodation request process will further protect the Town from ADA-related
lawsuits. Assisted Living Facilities currently fall under the Convalescent Home category in the
Town’s zoning ordinances, but updates are recommended to align with State regulations.
While licensing is governed by state law, the Town can strengthen oversight by implementing
registration and certificate of occupancy requirements.
To ensure compliance, the Town may require annual inspections, report violations to the Texas
Department of Aging and Disability Services (DADS), and revoke occupancy certificates for non-
compliance. Additionally, a legal framework is being developed to incorporate reasonable
accommodation procedures, ensuring compliance with the Americans with Disabilities Act
(ADA) and mitigating potential discrimination claims related to group homes and addiction
Page 2 of 34
treatment facilities. Considerations are also being given to occupancy limits, community home
requirements, and the renewal process for reasonable accommodations.
Next steps include updating the Town’s zoning ordinance to align with state laws,
implementing registration and inspection processes, and ensuring zoning regulations remain
legally sound. A work session was conducted with the Town Council in April and with the
Planning & Zoning Commission and Zoning Board of Adjustments in July. A resident input
session was held in August.
Recommendations from the two work sessions and the resident input session included:
• On-site and off-site parking, with a look at HB 2464 (the home occupations bill) as an
avenue to regulate parking.
• Distance requirements between community homes.
• Ownership/whether an operator can lease a property.
• Providing notice of reasonable accommodation request.
• Restricting ALFs/Community homes from operating in hazardous areas.
• Proposal disposal of medical waste.
The Planning & Zoning Commission is requested to review the draft ordinance and provide a
recommendation to the Town Council regarding this item.
BOARD REVIEW/CITIZEN FEEDBACK: Notice of the public hearing was distributed as required
by the Town of Trophy Club Zoning Ordinance and State Law.
FISCAL IMPACT: The Town will outsource inspections to a third-party vendor. Inspection costs
will be applied to offset any expenses owed by the Town, and an administrative fee will be
added to cover the time required to prepare information and other necessary departmental
resources.
Permit Application Fee: $300
Legal Review: Actual Cost
Inspection: $150
Reinspection: $150 for each additional reinspection.
For the use of outside consultants for inspections: Actual cost
LEGAL REVIEW: Town Attorney, Dean Roggia and Rachel Raggio, has reviewed the ordinance as
to form and legality.
ATTACHMENTS:
1. Presentation
Page 3 of 34
2. Draft Ordinance
ACTIONS/OPTIONS:
Staff recommends that the Planning & Zoning Commission conduct the public hearing and
move to recommend approval to the Town Council amending Sections 14.02.052, "Definitions,"
Section 14.02.103, "Use Table," and Division 5, "Supplementary District Regulations," of Article
2, "Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy
Club, Texas, by updating regulations pertaining to Nursing Facilities, Assisted Living Facilities,
and Community Homes and establishing for the registration of such operations; providing that
this Ordinance shall be cumulative of all Ordinances.
Page 4 of 34
Planning & Zoning Regular Meeting
Thursday, September 4, 2025
Page 5 of 34
Council Feedback
Page 6 of 34
The preference is to send reasonable accommodation reviews to ZBA
instead of the Town Council.
Explore the potential to regulate on-street parking associated with ALF’s.
Add in the requirement to send ALF violations to the appropriate state
licensing agency.
Develop procedures for restrictions to property improvements at ALFs that
are not consistent with typical residential uses. Include reasonable
accommodation review for improvements outside of that typical residential
use.
Add background checks to all residents in the facility. (Town Attorney is
against this)
Council Feedback
Page 7 of 34
P&Z/ZBA Feedback
Page 8 of 34
Parking:
o Add specific parking requirements (on-site usage, street frontage
limits).
o Prohibit unpermitted garage conversions.
o Look into regulating street parking to the area immediately adjacent to
the facility’s front lot line.
o Investigate the legality of requiring a circular driveway at the facility.
o Investigate the option of requiring visitor cards for vehicles parked on
the street.
o Look into if the Town can implement a “resident sticker” program.
P&Z/ZBA Feedback
Page 9 of 34
Inspection Protocols:
o Define annual inspection process and complaint-based inspections.
o Require documentation of TAS (Texas Accessibility Standards)
compliance and third-party inspections prior to CO.
o Look at trash pickup issues.
Community Notification Process:
o Develop a post-approval flyer or letter notifying adjacent homeowners
of new facilities.
o Include code enforcement contact and complaint process instructions.
P&Z/ZBA Feedback
Page 10 of 34
Property Restrictions:
o Develop procedures for restricting property improvement of ALS’s that
are not consistent with typical residential uses.
o Include reasonable accommodations review for improvements outside
of the typical residential use.
Public Education:
o Provide resources and clear FAQs on what the Town can and cannot
regulate.
Violations:
o Send all ALS violations to the appropriate state licensing agency.
P&Z/ZBA Feedback
Page 11 of 34
Legal Review:
o Assess the potential for distance restrictions between facilities.
o Clarify applicability of Health & Safety Code Section 260 on boarding
homes.
o Confirm legality of requesting limited licensure updates without
violating HIPAA.
o Look into whether the town can exclude certain parts of residential
districts from the availability of operating an assisted living facility.
o Add in a step that the Town will inspect the property.
P&Z/ZBA Feedback
Page 12 of 34
Permit:
o Establish permit and inspection fee schedule based on third-party costs
with administrative overhead.
o Look into the possibility of requesting, with the annual renewal
process, a list of the current people and whatever they had to qualify
them with the state.
o Look into asking the facilities to provide a plan for ambulance access.
P&Z/ZBA Feedback
Page 13 of 34
Resident Feedback
Page 14 of 34
Parking: Residents want to include HB 2464 (the home occupations bill),
which provides an avenue to regulate parking for community homes
operating out of single-family residences, but the attorney states it does not
significantly change the regulatory approach reflected in the current draft.
Trash: Residents want to enforce the Town’s existing trash ordinance. The
attorney recommendation is to add a simple regulation referencing state
requirements for medical waste under 26 TAC 553.104(k), so that failure to
comply would also constitute a local ordinance violation, making it both
reportable to the state and enforceable by the Town.
Resident Feedback
Page 15 of 34
Questions/Discussion
Page 16 of 34
social media | email | website
Page 17 of 34
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.052, “DEFINITIONS,” SECTION 14.02.103,
“USE TABLE,” AND DIVISION 5, “SUPPLEMENTARY DISTRICT
REGULATIONS,” OF ARTICLE 2, “ZONING ORDINANCE,” OF
CHAPTER 14, “ZONING,” OF THE CODE OF ORDINANCES, TOWN OF
TROPHY CLUB, TEXAS, BY UPDATING REGULATIONS PERTAINING
TO NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND
COMMUNITY HOMES AND ESTABLISHING FOR THE REGISTRATION
OF SUCH OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “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 Local Government Code; and
WHEREAS, the Town Council is authorized and empowered by law, in accordance
with Chapter 211 of the Texas Local Government Code, to regulate land use, and property
development within the Town for the public health, safety, and general welfare; and
WHEREAS, the Town Council has previously adopted regulations governing the
nursing, rest, and convalescent homes and homes for the developmentally disabled; and
WHEREAS, the Town Council desires to update the Town’s regulations of such
operations in order to align with current state law governing nursing facilities, assisted
living facilities, and community homes, and to provide for the registration and inspection
of such operations; and
WHEREAS, after public notice was given in compliance with State law and a public
hearing was conducted, and after considering the information submitted at the public
hearing and all other relevant information and materials, the Planning and Zoning
Commission of the Town has recommended to the Town Council the adoption of this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council on _________________, at which the Town
Council considered the information submitted at the public hearing and all other relevant
information and materials.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Page 18 of 34
SECTION 1.
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
Section 14.02.052, “General definitions,” of Division 2, “Definitions,” of Article 2,
“Zoning Ordinance,” of Chapter 14, “Zoning,” of the Code of Ordinances, Town of Trophy
Club, Texas, is hereby amended by deleting the definitions of “Convalescent home” and
“Group home for the disabled” and by adding the following new definitions, inserted
alphabetically to read as follows:
“Assisted living facility. A facility that furnishes food and shelter and provides personal
care and services pursuant to Chapter 247 of the Texas Health and Safety Code.
Community home. A community-based residential home, as defined by Texas Human
Resources Code Chapter 123, that is operated by: a) the Department of Aging and
Disability Services; b) a community center organized under Subchapter A, Chapter 534,
Texas Health and Safety Code, that provides services to persons with disabilities; c) an
entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d),
Business Organizations Code; d) an entity certified by the Department of Aging and
Disability Services as a provider under the ICF-IID medical assistance program; or e) an
assisted living facility licensed under Chapter 247, Health and Safety Code, provided that
the exterior structure retains compatibility with the surrounding residential dwellings.
Nursing facility. Convalescent and nursing facilities that provide services pursuant to
Chapter 242 of the Texas Health and Safety Code.”
SECTION 3.
Subsection (a), “Residential,” of Section 14.02.103, “Use table,” of Division 3,
“Establishment of Districts,” of Article 2, “Zoning Ordinance,” of Chapter 14, “Zoning,” of
the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by deleting the
use classifications for “Home for developmentally disabled” and “Nursing, rest and
convalescent home” and adding the following new use classifications, inserted
alphabetically to read as follows:
Page 19 of 34
“
Permitted Uses District Classifications
R-
15
R-
12
R-
11
R-
10
R-
9
R-
8
R-
FV
R-
TT
R-
OH
R-
OHP
R-
S
MH *
*
*
NS
(a) Residential
Assisted living
facility
P
Community home P P P P P P P P P P P P
Nursing facility P
”
SECTION 4.
Division 5, “Supplementary District Regulations,” of Article 2, “Zoning Ordinance,”
of Chapter 14, “Zoning,” of the Code of Ordinances, Town of Trophy Club, Texas, is
hereby amended by adding a new Section 14.02.263, “Nursing Facilities, Assisted Living
Facilities, and Community Homes,” to read as follows:
“14.02.263 Nursing facilities, assisted living facilities, and community homes.
(a) Purpose. The purpose of this section is to establish safeguards to protect the life,
health, safety, and property of the occupants of nursing facilities, assisted living facilities,
or community homes and the general welfare of the public by developing procedures to
enforce minimum standards and to provide equitable and practical criminal,
administrative, and civil remedies for violations of this section.
(b) Definitions. Unless specified in this section, all terms used herein shall have the
meaning assigned by section 14.02.052 of this code.
(1) Certificate of occupancy. A certificate issued by the town in accordance with
all applicable laws, ordinances, or codes authorizing occupancy of a
building.
(2) Operator. The owner, manager, or other responsible party tasked with
managing a property as a nursing facility, assisted living facility, or
community home, whether an individual or an entity.
Page 20 of 34
(3) Life safety violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that represents an imminent threat of death or
injury to persons on the premises of a nursing facility, assisted living facility,
or community home.
(4) Critical violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that is capable of causing or contributing to injury
or illness of persons on the premises of a nursing facility, assisted living
facility, or community home.
(5) Non-critical violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that is not considered a life safety or critical
violation.
(c) Applicability and Administration.
(1) This chapter shall apply to all nursing facilities, assisted living facilities, and
community homes located in the town which are now in existence, or which
may hereafter be constructed or converted from other uses.
(2) The community development department is authorized to administer and
enforce the provisions of this section and the town’s building standards
regulations.
(3) The community development department shall have the authority to render
interpretations of this section and to adopt policies and procedures to clarify
the application of its provisions.
(d) Registration.
(1) No nursing facility, assisted living facility, or community home shall be used
or occupied until the operator has obtained a certificate of occupancy in
accordance with this code.
(2) An operator that operates a nursing facility, assisted living facility, or
community home must register with the town’s community development
department on an annual basis. Such registration is valid from the date that
the application is approved for a period of one (1) year.
(3) The operator of a nursing facility, assisted living facility, or community home
that is constructed after the effective date of this section shall register within
30 days after obtaining its certificate of occupancy, and annually thereafter.
Page 21 of 34
(4) The registration shall be on a form prescribed by the town, shall be
accompanied by the fee identified in the town’s fee schedule, and shall
contain the following information:
(A) The operating name, physical address, and business address for the
nursing facility, assisted living facility, or community home;
(B) The owner name, phone number, email address, physical address,
business address, and, if applicable, type of business entity that
owns the nursing facility, assisted living facility, or community home;
(C) To the extent applicable, the names, addresses, email addresses,
and telephone numbers of the property manager, resident manager,
registered agent, and all federal, state, and local funding agencies;
(D) To the extent applicable, all federal, state, and/or local licenses,
applications for licenses, and/or inspection reports related to the
operations of the nursing facility, assisted living facility, or community
home;
(E) The names and physical addresses of designated employees or
authorized representatives who shall be assigned to respond to
emergency conditions, to include fires, natural disasters, floods,
burst pipes, collapse hazard, violent crime, and other similar
conditions, and a telephone number where said employees can be
contacted during any 24-hour period.
(F) The total number of rooms and/or sleeping spaces;
(G) If the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment trust,
the name and physical address of a duly authorized agent for the
entity; and
(H) If the property is not owned by the applicant or entity intending to own
and/or operate the nursing facility, assisted living facility, or
community home, a notarized statement from the property owner
consenting to the proposed operations to be conducted at the
property.
(e) Inspections and Violations. The town may conduct inspections to ensure
compliance with minimum building standards and health and safety regulations in
accordance with the following provisions. All inspections shall be subject to the fees
identified in the town fee schedule.
(1) Inspections may be conducted upon filing of a new or renewal registration,
upon application for or to verify compliance with a certificate of occupancy,
Page 22 of 34
and upon reports of code violations, including complaints filed with the town,
which may result in further periodic or follow-up inspections;
(2) Inspections may be conducted of the following areas:
(A) All building exteriors, including landscaping and screening features;
(B) All public areas;
(C) Unoccupied dwelling units; and
(D) Occupied dwelling units upon the consent of the occupant or the
operator or, if necessary, when subject to a warrant issued by a court
of competent jurisdiction.
(3) In the event an inspection identifies violations of minimum building
standards and health and safety regulations, the following provisions shall
apply:
(A) When an inspection is made at a community home or assisted living
facility and a violation is found to exist, a notice of violation will be
prepared by the town. The notice of violation shall be deemed
delivered when a copy of the notice:
(i) Is delivered in person to the operator; or
(ii) Two days after the copy of the notice of violation is deposited with
the U.S. Postal Service and addressed to the landlord, owner, or
property manager, with proper postage affixed.
(B) Upon receiving a notice of violation, the operator shall timely correct
all violations identified in a notice of violation, mitigate safety threats
arising from the violations immediately, and make repairs within a
reasonable period of time, as identified herein. Conditions creating
life safety threats must remain secured from occupants until all
repairs are completed.
(4) In addition to other authority granted by this section, the town has all rights
and authority granted by Article 18.05 of the Texas Code of Criminal
Procedure. Inspections shall comply with all federal, state, and local laws,
regulations, and ordinances.
(5) When considering a violation created by a tenant, the town may consider
the timeliness of the operator’s response to the violation, actions taken by
the operator to address a tenant’s activities that may have caused the
violation, and actions taken by the operator to prevent or reduce similar
violations in the future.
Page 23 of 34
(6) Operators shall have an opportunity to correct violations subject to the
following timelines. The time to correct a violation may be extended at the
town’s discretion upon a showing of good cause and identification of a
corrective action plan with targets for satisfactory progression toward
compliance.
(A) A life safety violation shall be corrected within 24 hours of the
issuance of the notice of violation;
(B) A critical violation shall be corrected within 72 hours of the issuance
of the notice of violation; and
(C) A non-critical violation shall be corrected within 30 days of the
issuance of a notice of violation.
(7) Failure to timely correct violations in accordance with this section may result
in the revocation of a certificate of occupancy.
(8) The town shall report all violations of applicable state law to the Department
of Aging and Disability Services.
(f) Parking Regulations.
(1) An assisted living facility and/or nursing facility subject to this article, other
than a community home, must provide adequate parking in accordance with
the town’s subdivision ordinance and other applicable regulations.
Additionally, parking is restricted to the number of off-street parking spaces
associated with the facility structure and to on-street parking immediately
adjacent to the property’s front lot line. All motor vehicles are further subject
to the parking regulations contained in chapter 12 of the code.
(2) A community home subject to this article may not keep, for the use of the
residents of the home, motor vehicles in numbers that exceed the number
of bedrooms in the home either on the premises of the home or on a public
right-of-way adjacent to the home, in accordance with Section 123.009 of
the Texas Human Resources Code.
(g) Waste Disposal Regulations.
(1) A nursing facility, assisted living facility, or community home subject to this
article shall comply with all applicable town requirements for solid waste
disposal.
(2) Additionally, any nursing facility, assisted living facility, or community home
producing medical waste must dispose of such waste in accordance with all
applicable state regulations for such disposal.
(h) Compatibility with Residential Areas; Location Requirements.
Page 24 of 34
(1) A community home, including an assisted living facility that retains
compatibility with surrounding residential dwellings, is subject to the
subdivision and zoning regulations contained in chapters 10 and 14 of the
code. In order to construct improvements or operate a use not consistent
with said regulations, a community home may apply for a reasonable
accommodation in accordance with this chapter, if applicable.
(2) In accordance with Section 123.008 of the Texas Human Resources Code,
a community home may not be established within one-half mile of an
existing community home.
(i) Reasonable Accommodations. The provisions in this chapter governing the
operation of community homes shall not be construed to limit a person’s right to request
a reasonable accommodation on the basis of a disability. A person requesting a
reasonable accommodation from this ordinance on the basis of a disability may file a
request for reasonable accommodation with the community development department.
(1) A reasonable accommodation request may be made by any person with a
disability; the person’s representative; a developer; or a provider of housing
for individuals with disabilities. The request shall state the reason for the
accommodation and the basis for the request and demonstrate that the
reasonable accommodation is requested on the basis of disability and is
both reasonable and necessary to ensure equal opportunity for individuals
with disabilities to obtain housing in accordance with the Fair Housing Act.
(2) If the reasonable accommodation request demonstrates the qualifications
set forth in subsection (1) above and the requested accommodation would
not fundamentally alter the town’s land use and zoning patterns or
disproportionately impact the surrounding area, the town shall grant the
reasonable accommodation request. If the town determines that a different
reasonable accommodation would provide equal opportunity as described
in subsection (1) above, the town may offer such alternative reasonable
accommodation.
(3) A decision of the town regarding a reasonable accommodation request may
be appealed to the town’s zoning board of adjustment in accordance with
the procedures outlined in Section 14.02.405 of this code.
(4) Following the approval of a reasonable accommodation for a community
home in a residential district, the town may notify the owners of property
located within two hundred feet (200’) of the subject property that a
community home is located at the subject property. Such notification shall
include a copy of this section’s regulations.
(j) Reporting Requirement. For any nursing facility, assisted living facility, or
community home subject to state licensure, the town shall report to the any applicable
state licensing authority any nursing facility, assisted living facility, or community home
Page 25 of 34
that the town finds:
(1) Is established or operating in the town without a state license;
(2) Poses an immediate threat to the health and safety of one or more
resident(s) of the assisted living facility; or
(3) Is otherwise violating a provision of Chapters 242 or 247 of the Texas Health
and Safety Code, as amended; Chapter 123 of the Texas Human
Resources Code, as amended; or any rule, regulation, or standard
governing nursing facilities, assisted living facilities, or community homes
promulgated in accordance with said statutes.
(k) Enforcement.
(1) Criminal enforcement. A violation of this chapter is a misdemeanor
punishable by a fine not to exceed $2,000 in accordance with this code.
Each occurrence of a violation or each day that a violation continues shall
constitute a separate offense. The failure to perform an act required by this
chapter is a violation of this chapter.
(2) Civil enforcement. The town may enforce this chapter by pursuing all civil
remedies to which it is entitled by law, to include filing suit and recovering
civil penalties pursuant to Chapter 54 of the Texas Local Government Code.
The town may also institute suit to recover the cost of any actual damages
incurred by the town, and any costs of response, remediation, abatement,
and restoration incurred by the town as allowed under state or federal laws
or at common law.”
SECTION 5.
Section A-1.003, “Community development department,” of Article 1.000, “General
Provisions,” of Appendix A, “Fee Schedule,” of the Code of Ordinances, Town of Trophy
Club, Texas, is hereby amended by adding a new Subsection (hh), “Nursing facilities,
assisted living facilities, and community homes,” to read as follows:
“(hh) Nursing facilities, assisted living facilities, and community homes:
(1) Permit application: $300.
(2) Legal review: Actual cost.
(3) Inspection: $150.
(4) Reinspection: $150.00 per each additional reinspection.
(5) For use of outside consultants for inspections: Actual cost.”
Page 26 of 34
SECTION 6.
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 7.
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other ordinance affecting the subject matter of this Ordinance
within the Town which have accrued 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 8.
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 9.
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 less 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 a violation occurs or continues.
SECTION 10.
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s
Charter.
SECTION 11.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
Page 27 of 34
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this __ day of ____, 2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
Page 28 of 34
PLANNING & ZONING COMMISSION
COMMUNICATION
MEETING DATE: September 4, 2025
FROM: Jackie Ross
AGENDA ITEM: Consider approval of the August 14, 2025, Planning & Zoning Commission
meeting minutes. (Jackie Ross, Sr. Administrative Assistant)
BACKGROUND/SUMMARY: The Planning & Zoning Commission held a regular meeting on
August 14, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. PZ Meeting Minutes 08.14.2025
ACTIONS/OPTIONS:
Move to approve the August 14, 2025, Planning & Zoning Commission regular meeting
minutes.
Page 29 of 34
Town of Trophy Club
Planning & Zoning Commission
Meeting Minutes
August 14, 2025, 6:30 p.m.
1 Trophy Wood Drive, Trophy Club, Texas 76262
Page | 1
CALL TO ORDER
Chairperson Biggs called the August 14, 2025, Planning & Zoning Commission meeting
to order at 6:34 p.m.
COMMISSIONERS PRESENT
Michael Biggs, Chair
Mike Branum, Vice Chair
Reginald Barbarin, Place 4
Terry Kesterson, Place 5
Sean Holmes, Place 6
COMMISSONERS ABSENT
Srinath Sadam, Place 1
Paul Jablonski, Place 2
STAFF MEMBERS PRESENT
Matt Cox, Director of Community Development
Jackie Ross, Sr. Administrative Assistant
PUBLIC COMMENTS
There were none.
REGULAR ITEMS
1. Case PD-AMD-25-003, PD 13 Amendment, Tract 1, Indoor Commercial
Amusement Uses and Bar/Tavern Uses through a Specific use Permit (SUP)
Conduct a public hearing and consider a recommendation to the Town Council on a
proposed rezoning application made by the Applicant, Pace Golf Lounge, to amend
Planned Development District-13 (PD-13), Tract 1 to allow for Indoor Commercial
Amusement uses and Bar/Tavern uses through a Specific Use Permit (SUP). The
subject property is legally described as The Village at Trophy Club, Lot 1, approximately
3.79 acres, Denton County, Texas and is generally located at the northwest corner of
Page 30 of 34
Planning & Zoning Commission Meeting Minutes
August 14, 2025
Page | 2
Trophy Club Drive and SH 114. The property is addressed as 2001 and 2003 E TX-114,
Suite 200, Trophy Club, Texas.
i. Public Hearing
Chairperson Biggs opened the public hearing at 6:36 p.m.
Matt Cox, Director of Community Development, presented the staff report and responded
to Commissioner questions.
Jordan Mittie, 14417 Padden Park Ln, Roanoke, Texas, representing Pace Golf Lounge,
addressed the Commission.
No one spoke in favor or in opposition. Staff noted that a phone call was received earlier
in the week from a resident within the 200-foot boundary to express opposition.
Chairperson Biggs closed the public hearing at 6:42 p.m.
ii. Recommendation
The Commissioners discussed the proposed Pace Golf Lounge layout. Questions were
raised about occupancy and bar seating, with staff noting that occupancy remains below
the threshold that would require additional restrooms, and that parking meets
requirements. Staff confirmed the establishment is a tavern, not a full restaurant. Hours
of operation were provided and are not considered late hours. Additionally, the lounge will
offer membership with separate membership morning hours.
Vice-Chairperson Branum moved to recommend approval of PD-AMD-25-003, PD 13
Amendment, Tract 1, Indoor Commercial Amusement Uses and Bar/Tavern Uses through
a Specific Use Permit to the Town Council.
Commissioner Kesterson seconded the motion.
Vote on Motion:
AYES: Branum, Biggs, Barbarin, Kesterson, Holmes
NAYES: None
ABSENT: Sadam, Jablonski
VOTE: 5-0-2
Page 31 of 34
Planning & Zoning Commission Meeting Minutes
August 14, 2025
Page | 3
2. Case SUP-25-003, PD 13 Amendment, Tract 1, Pace Golf Lounge
Conduct a public hearing to consider a recommendation to the Town Council on a
proposed rezoning application made by the Applicant, Pace Golf Lounge, for a Specific
Use Permit (SUP) for a Bar/Tavern. The subject property is legally described as The
Village at Trophy Club, Lot 1, approximately 3.79 acres, Denton County, Texas and is
generally located at the northwest corner of Trophy Club Drive and SH 114. The
property is addressed as 2001 E TX-114, Suite 200, Trophy Club, Texas.
i. Public Hearing
Chairperson Biggs opened the public hearing at 6:48 p.m.
Matt Cox, Director of Community Development, presented the staff report and responded
to Commissioner questions.
Jordan Mittie, 14417 Padden Park Ln, Roanoke, Texas, representing Pace Golf Lounge,
addressed the Commission.
No one spoke in favor or in opposition. Staff noted that a phone call was received earlier
in the week from a resident within the 200-foot boundary to express opposition.
Chairperson Biggs closed the public hearing at 6:51 p.m.
ii. Recommendation
The Commissioners discussed the Bar/Tavern use. The applicant plans to offer virtual
golf simulation bays for hourly rental and sell golf accessories and snacks, similar to a
pro shop. They do not prepare food onsite but intend to partner with nearby restaurants
to provide a refined menu. It was clarified that this service is considered delivery to the
location.
Commissioner Kesterson moved to recommend approval of SUP-25-003, PD 13
Amendment, Tract 1, Pace Golf Lounge to the Town Council.
Commissioner Holmes seconded the motion.
Vote on Motion:
AYES: Branum, Biggs, Barbarin, Kesterson, Holmes
NAYES: None
ABSENT: Sadam, Jablonski
VOTE: 5-0-2
Page 32 of 34
Planning & Zoning Commission Meeting Minutes
August 14, 2025
Page | 4
3. Case ZA-25-001, Zoning Ordinance Amendment, Zoning Board of
Adjustment Waiting Period.
Conduct a public hearing and consider a recommendation on a proposed text
amendment to the Code of Ordinances, Chapter 14., Section 14.02.405 Zoning board of
adjustment., (j) Waiting period., to reduce the waiting period from one (1) year to four (4)
months.
i. Public Hearing
Chairperson Biggs opened the public hearing at 6:53 p.m.
Matt Cox, Director of Community Development, presented the staff report and responded
to Commissioner questions.
Bill Allen, 209 Inverness Drive, spoke in favor of the proposed text amendment, and had
also submitted an email prior to the meeting.
Chairperson Biggs closed the public hearing at 6:57 p.m.
i. Recommendation
The Commissioners discussed the role of the Zoning Board of Adjustment (ZBA),
including its authority and the requirement for applicants to demonstrate a hardship.
There was general support for reducing the proposed four-month waiting period to three
months, 90 days, or even 45 days, as this would provide quicker relief while still allowing
adequate preparation time. Staff noted that cases are reviewed before reaching the ZBA.
The Town’s goal is to improve overall efficiency.
Commissioner Kesterson moved to recommend approval of ZA-25-001, Zoning
Ordinance Amendment, Zoning Board of Adjustment Waiting Period, to three months/90
days to the Town Council.
Commissioner Holmes seconded the motion.
Vote on Motion:
AYES: Branum, Biggs, Barbarin, Kesterson, Holmes
NAYES: None
ABSENT: Sadam, Jablonski
VOTE: 5-0-2
Page 33 of 34
Planning & Zoning Commission Meeting Minutes
August 14, 2025
Page | 5
4. Consider approval of the July 10, 2025, Planning & Zoning Commission
meeting minutes.
Vice-Chairperson Branum moved to approve the July 10, 2025, Planning & Zoning
Commission meeting minutes.
Commissioner Kesterson seconded the motion.
Vote on Motion:
AYES: Branum, Biggs, Barbarin, Kesterson, Holmes
NAYES: None
ABSENT: Sadam, Jablonski
VOTE: 5-0-2
5. Consider approval of the July 24, 2025, Planning & Zoning Commission and
Zoning Board of Adjustment Joint Work Session minutes.
Commissioner Kesterson moved to approve the July 24, 2025, Planning & Zoning
Commission and Zoning Board of Adjustment Joint Work Session minutes.
Vice-Chairperson Branum seconded the motion.
Vote on Motion:
AYES: Branum, Biggs, Barbarin, Kesterson, Holmes
NAYES: None
ABSENT: Sadam, Jablonski
VOTE: 5-0-2
ADJOURNMENT
There being no further business, Chairperson Biggs adjourned the meeting at 7:14 p.m.
_______________________________ ______________________________
Chairperson Michael Biggs Jackie Ross, Sr. Administrative Assistant
Planning & Zoning Commission Town of Trophy Club, TX
Page 34 of 34
HANDOUTS
DISTRIBUTED
AT MEETING
89(R) HB 2464 - Introduced version - Bill Text
https.-Hcapitol.texas.gov/tlodocs/89R/billtext/html/HBO24641.htm
89R4654 CS-D
By: Hefner
relating to the authority of
home -based business.
A BILL TO BE ENTITLED
AN ACT
a municipality to regulate a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 229, Local Government
Code, is amended by adding Section 229.902 to read as follows:
Sec. 229.902. AUTHORITY TC(�REGULATE �HOME-BASED BUSINESfE
(a) In this section:
(1) "Business" has the meaning assigned by Section
1.002,- Business Organizations Code.
( 2 ) "Home -based business" means a business that is
operated:
lawful good; or
H.B. No. 2464
(A) from a residential property;
(B) by the owner or tenant of the property; and
(C) for the purpose of:
( i ) manufacturing, providing, or selling a
(ii) providing a lawful service.
(3) "No -impact home -based business" means a
home -based business that:
(A) has at any time on the property where '. �.he,
business is operated a total number of employees and clients or
patrons of the businessthatdoes not exceed the municipalv,!,.
occupancy limit for the property;.
(B) does not generate on -street parking or a
substantial increase in.traffic through the area; and
(C) operates in a manner in which none of its
activities are visible from a-s-tre'et.
(b) The governing body of municipality may not adopt or
enforce an ordinance, regulation, or other measure that:
(1) prohibits the operation of a no -impact home -based
business;
(2) reguires a p rson that 02erates a no-im2act
home -based business or that owns the property where the business is
operated to obtain a license, permit, or other approval to operate
the business; or
( 3 ) requires a person that operates a home -based.
business or that owns.the 2roperty where the business is 02erated
to:
(A) rezone the property rty for a non-residential
-i, 'of 2 ti 9/1/2025, 3:22 PM
.89(R) MB 2464 - Introduced -version Bill Text https://capitol.texas-gov/tlodocs/`89R/billtext/htmIM024641.htin
use;. or
-a -f ire sprinkler stem if p otection s (B) install y
the residence where the business is operated. c*onsists'only'of:
( i ) a single-family detached residential
structure; or
(ii) a:.Multi-family residential structure
with not more than two residential units..
(c) Subject to Subsection (b), the governing body of a
municipality may.
(1) require that a home -based business be:
(A) in compliance with federal, state, and local
law, including:
_(i) a municipal fire and building code; and
_(ii) a municipal regulation related to:
(a) health and sanitation;
(b) transportation or traffic
control;
(c) solid or hazardous waste; or
(d) pollution and noise control;
.(B) compatible with the residential use of the
property where the business is located; and
(C) secondary to the use of the property as a
residential dwelling; and
(2) limit or prohibit the operation of a home -based
business that:
(A) sells alcohol or illegal drugs;
(B) is a structured sober living home; or
(C) is a sexually oriented business as defined by
Section 243.002.
(d) This section does not prohibit a person from enforcing a
rule or deed restriction imposed by a homeowners' association or by
other private agreement.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39., Article III., Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
2 of 2
9/1/2025, 3:22 PM
TOWN OF
P H Y C A;
ZONING MAP
fnp
This
ofthe
MAYOR
TOWN
LEGEND
CR
is is *,fify ll,.1 this is lite Official Zoning
To-,, .1 T,.F.I,y Club. Adopted a,,:
NICK SANDERS
SECRETARY:
HOLLY FIMBRES
OF 7ON(NG DISTRICTS
Commercitki Recreation
Map referred to in Ordinance
SEAL
R-FV Fairway
Numher
DATE
DATE
Village
CG
GLI
Commercial General
GovernmeritnI Use
H-011 Oak
i> H-011il Oak
Hill
Ifill. Patio
R-0
Single Family
R -'s Summit
R-o
R-- 10
Single Faintly
Single Family
R --TT Trophy
Mli Manufactured
Twenty
Housing
R-11
R- 12
Single Family
Single Family
NS Neighborhood
Planned
Services
Development
R-15
Single Family (Estate)
PD
N, PO Professional
Office
# -if (;as Well -Sltes
P.O- LEGEND
PDJ
7
Name at PO
Vineyards
Ordinance fil
80-04
Date Approved
04�111
10
II
Townhomes
'luororn
90-17
00-19
C20/6
1 t )5/90
1 t/05/90
12
11
Lakeside
Village
03-06
95-20
06/17/93
11/21/95
14
15
Villas of Trophy Clut,
Lakes
95-21
90-078
11/2t/95
06/18/96
to
17
Knoll
Villaii/liogan's Glen
16-09
go -to
On/Ot/go
001OLI9n
to
to
Fox Pointe
Fxtates/Rogan's Glen Pit. I
913-2tFIL
00-24A P&Z
07/2t/98
08/18/98
20
21
Entates/Hogan's Glen P11.2
Plaza
1900- 1 L P&Z
1990-17 Pkz
06/04/99
07/06/99
U
23
Waters Rdge/Hogan's Glen
Trophy Club Medical Plaza
2000-00 P&Z
2002-20 P&Z
05/02/00
00/19/02
24
25
Lake Cities Church of Christ
Trophy Wood (Business) Center
2002-25 P&Z
2002-41 l'&Z
07/15/02
12/02/02
27 Highlands at Trophy Club
28 N[SD Sigh School No. 2
20 Churchill Downs
200-i1 Pk2 05/0111/011
2007-11 P&Z 03/05/07
2008-18 P&Z 07/07/00
30 The Shop& at Trophy Club
31 Canterbury little 1
2012-04 P&Z
2013-08 P&7
Ot/20/12
03/04/13
tnp
32 Canterbury little U 20t3-09 P&Z
34 Trophy Wood Commercial Center 2013-18 P&7
03/04/13
08/05/13
----------
'lh,s is to certify that this is the Officioll Zonsno
1OFnCIAL ZONLNG MAP. of Ordnance Number 2000-06
Moto referred to in
PV of the loan of
League nail & perkins
j)JVH.R'—.ld.o,.,S.;T.Io0
Fat or T.-, 76,102
Section 1 03. #1733"77.lph 217.3346.211t3t.
rrophy C1ub,fexos*! MON X.81.1vol" ".. F-230
Public Comment for the September 4, 2025 Planning & Zoning Commission Meeting.
For the record, my name is Pat Keefer. We've lived on Fresh Meadow since 1984. We voted to
incorporate Trophy Club as a Town so that the Town and its residents could control the zoning. For 20
of our 41 years here we lived next door to a rental property — only our zoning kept some of the
tenants' outrageous behaviors under some control.
While I wish to safely welcome community homes as required by law into residential neighborhoods, I
have three broad concerns with the draft ordinance:
#1. The draft ordinance does not include more than half of our residences in its protections and
governance. Specifically, the 28-ishT areas are not included. Only R-zoned areas are listed in the
Permitted Use section.
On this zoning map all the areas in black are included but the gray areas are not. HAND-OUT
Perhaps all ours ial areas should be included as well — it should at least be discussed. In
other areas some churches are being converted to Community homes.
#2. The draft ordinance appears to be primarily focused on permitting community homes in
residential areas without providing assured protections from what our poor neighbors on Oak Hill
have had to put up with the now bankrupt Silver Leaf Assisted Living Facility.
This type of business operates 24 hours a day 365 days a yearwithoutrt rovid_taxable income to
the Town. Complaints were:
• excessive parked vehicles to where homeowners worried they could not get out of their
Trriveways an felt the street was so crowded it was unsafe to walk there. Town services like
garbage trucks and school buses had a hard time getting down the street The two-way street
was often limited to one direction at a time because of parked cars and deliveries.
• Complaints included excessive trh that smelled of human waste and five trash cans were
always outside.
• re -development killed mature trees among other problems
All the parked cars means anyone who lives nearby won't have a place for visiting family, friends,
birthday party attendees etc to park. Their rights are abridged by this home -based u�i.ess. In my
opinion the draft ordinance needs to contain specific actions to address these items. The ordinance
needs to have the teeth to prevent any of this from happening to you or any of our neighbors again.
#3. The fact is, however it is painted, what happened on Oak Hill was plain and simple, a
commercial for -profit entity moving in and effectively trashing a quiet Trophy Club residential
orhood a
neighbjecting the neighbors excessive traffic and trash and a hundred times greater
ambulance visits than any typical home in Trophy Club.
Without being embarrassed about protecting our neighborhoods, we need to fix this by using legal
and appropriate pieces of our commercial codes to manage future commercial companies who want
to run community homes in our residential neighborhoods.
Thanks to the Town Staff who put together the summer Town Council Retreat Presentation, I learned
about the State of Texas House Bill 2464 effective in June 2025 that specifically gives municipalities
the authority to regulate a home -based business. HAND-OUT.
With these points in mind, I've offered 27 suggestions in the Draft ordinance pdf. It is my hope that
you will receive this in the spirit in which it is intended to assist in the structuring of the ordinance to
safely welcome community homes into our residential neighborhoods while protecting what makes
Trophy Club a Great Place to Call Home.
Let me cover 14 of them
1. On page 1 in the opening Whereas statement I believe it is important to highlight the
accommodations the Town is already making
"Whereas, the Town Council recognizes that community homes represent a commercial, multi-
family facility dwelling operating in a single -family -zoned residential area that will disrupt the
peace and tranquility of the neighborhood with historic statistics that show 100 times more
ambulance calls than a typical home with possible structural changes that are to the detriment
of the original use permit for a single-family home; and"
2. On page 2 Section 2 it states "Chapter 247, Health and Safety Code, provided that the
exterior structure retains compatibility with the surrounding residential dwellings" The
excessive traffic, trash, parked vehicles, ambulance calls, loading and unloading do not retain
compatibility with the surrounding residential dwellings. The ordinance needs to have teeth to
address these issues that the Oak Hill neighbors experienced.
3. On page 3 section 3. 1 suggest we add three items:
if a. Occupancy of any Community home is limited to six occupants and two live-in staff with a
requirement that the property is subject to all local, county, state and federal health and safety
regulations." (According to the statues I read this needs to be stated - it cannot be assumed.
Only limiting the number of occupants will reduce the number of ambulance calls.)
"b. Where there is a conflict between any Community home stipulation or Accessory Use, and
the base zoning for the residential area, the base zoning for the residential area shall prevail."
"c. Note that garage space cannot be converted to living space."
4. On page 4 section 4 part b, suggest adding suggest adding "(6) Neighborhood violation. A
violation of the compatibility with the neighborhood."
5. In part c of the Applicability and Administration in the authorities in subparts 2 and 3 suggest
adding Planning & Zoning Commission in addition to the Staff Community Development
Department.
6. On page 6 in violations section 3 (A) suggest adding "(iii) the notice of violation shall be
published on the Town of Trophy Club website."
7. On page 7 part (6) Suggest adding "(D) A neighborhood violation shall be corrected in 24
hours." And part (7) suggest appending "And/or fines"
8. On page 7 Parking — this is where we need to implement commercial parking regulations
which require on premises parking for ALL vehicles and use HB 2464 to regulate this home -
business to have zero on -street parking. In addition P&Z has the authority right now to require
loading and unloading to be done off-street in all the R-zoned areas such as R-OH. This
should be added to this ordinance. And suggest that all parking violations shall be considered
a Neighborhood Violation and is subject to both a vehicle fine and property owner fine.
S. On page 7 Waste Disposal suggest that we add commercial -type requirement. "All trash
receptacles shall be out of sight of public streets and all neighbors'views during non -permitted
pick-up hours." And suggest adding "(3) violations of Waste disposal Regulations is considered
a Neighborhood violation and is subject to fines."
10. On page 8 in compatibility with residential areas Suggest inserting between 'accommodation'
and 'in' "from the Planning & Zoning Commission. If the reasonable accommodation is not
granted, escalation to the Zoning Board of Adjustments is available." Suggest adding "(3) A
community home may not be located in a 100-year flood plain by state/federal law." Suggest
adding "(4) In the event a property is redeveloped for a Community Home purpose, then Town
Tree ordinances shall be adhered to. Chapter 10.02"
11 . On page 8 item 4 suggest notifications 'prior to' not approval and that it is a 'must' requirement
vs a 'may' requirement
12. On page 9 Enforcement Suggest adding " (3) (a) Neighborhood violations shall be subject to
$100 ticket for each vehicle owner for parking violation and $200 for each violation for the
=* Fy owner..
(b) Neighborhood trash violations shall be subject to $200 for each violation for the property
owner."
13. On page 9 fees section Suggest adding "(6) Any major change such as adding or removing
bedrooms or other structural changes in the Permit Request that requires an Additional Fire
Department review shall incur another Permit Fee charge of $300."
111111�� IN 111 1111111111111111111 1 �I II•I Iliq I I
1 11111 11�:�Ii
ME I K! 18 1�
14. On page 10 suggest adding "Section 12.
While not a requirement, the Town of Trophy Club recommends for the health and safety of the
vulnerable occupants::
(A) Access and Emergency Egress:
(1) Excluding the standard street curb, the subject lot slope linearly from the street to the
11��II IIIII I lI 11 111
(2) An ADA-approved curb cut should be made for the front entry sidewalk.
(3) Any bedroom with ground level access should have egress that allow stand-up
emergency evacuation
(4) Any structure with a second level should have two or more paths for emergency egress
and should have windows able to evacuate a person with a minimum 36" width.
(5) Every bedroom should have emergency evacuation routes posted
(B) Some Town homes have flooded even though they are not in the 1 00-year flood plain. It is
suggested that any lot that has flooded or is predicted to flood in the next 30 years by
firststreet.org be rejected as a community home locations. Currently there are 209 or more
homes in this status.
(C) For health and safety of occupants it is suggested that two HVACs be installed with a back-
up generator.
(®) The entire structure should be ADA-compliant in all bedrooms, bathrooms, hallways and
public areas, all entryways and windows should allow ADA egress in the event of an
emergency.
(E) Given the vulnerable nature of occupants, it is suggested fire risk be lowered with a
lightning rod system in addition to the mandated sprinkler system."
Please consider this and the attachments a Public Comment for the September 4, 2025
Planning & Zoning Commission Meeting.
For the record, my name is Pat Keefer. We've lived on Fresh Meadow since 1984. We
voted to incorporate Trophy Club as a Town so that the Town and its residents could
control the zoning. For 20 of our 41 years here we lived next door to a rental property —
only our zoning kept some of the tenants' outrageous behaviors under some control.
While I wish to safely welcome community homes as required by law into residential
neighborhoods I have three broad concerns with the draft ordinance:
1. The draft ordinance does not include more than half of our residences in its
protections and governance. Specifically, no PD-xx areas are included. Only R-xx
zoned areas are listed in the Permitted Use section. For ease of access, here is the
link to the current zoning map.
ht� . �� °d �v� �"o org/Documen C � r/View/'�, . CLirrent-Zoning- ap-� F
Basically anything in the turquoise color is not included. Perhaps all our
commercial areas should be included as well - it should at least be discussed.
2. The draft ordinance appears to be primarily focused on permitting community
homes in residential areas without providing assured protections from what our
poor neighbors on Oak Hill have had to put up with. Please see an example of some,
but not all, of the daily traffic in the 33-second video (will be shown at meeting.
Photos (from 8/31) will be shown at meeting are of the now -bankrupt Silver Leaf
Assisted Living and Memory Care Facility. Please notice the five large trash cans
that are always visible. Several large trees were killed by the re -development of this
property. They have yet to be removed or replaced.
In my opinion the draft ordinance needs to contain specific actions to address how
traffic was impeded on Oak Hill, how the subject property became unsightly and
incompatible with the rest of the neighborhood with excessive trash cans always on
display and multiple dead trees. The ordinance needs to have the teeth to prevent
any of this from happening to you or any of our neighbors again.
3. The fact is, however it is painted, what happened on Oak Hill was plain and
simple, a commercial for -profit entity moving in and effectively trashing a quiet
Trophy Club residential neighborhood and subjecting the neighbors excessive
traffic and trash and a hundred times greater ambulance visits than any typical
home in Trophy Club.
Without being embarrassed about protecting our neighborhoods, we need to fix this
by using legal and appropriate pieces of our commercial codes to manage future
commercial companies who want to run community homes in our residential
neighborhoods.
With these three points in mind, I've offered several comments in the Draft ordinance pdf.
It is my hope that you will receive this in the spirit in which it is intended to assist in the
structuring of the ordinance to safely welcome community homes into our residential
neighborhoods while protecting what makes Trophy Club a Great Place to Call Home.
Please see the attached pdf. Click on the Comment symbol to see the suggestions.
Thank you for your service to our Town.
Wishing You Blue Skies and TailwindsTM,
Pat
Patricia Jayne (Pat) Keefer
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-X
0
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.052, "DEFINITIONS," SECTION 14.02.103,
"USE TABLE," I'2 DIVISION 5, "SUPPLEMENTARY DISTRICT
REGULATIONS,J OF ARTICLE 2, "ZONING ORDINANCE," OF
CHAPTER 14, "ZONING," OF THE CODE OF ORDINANCES, TOWN OF
TROPHY CLUB, TEXAS, BY UPDATING REGULATIONS PERTAINING
TO NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND
COMMUNITY HOMES AND ESTABLISHING FOR THE REGISTRATION
OF SUCH OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "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 Local Government Code, and
WHEREAS, the Town Council is authorized and empowered by law, in accordance
with Chapter 211 of the Texas Local Government Code, to regulate land use, and property
development within the Town for the public health, safety, and general welfare; and
WHEREAS, the Town Council has previously adopted regulations governing the
nursing, rest, and convalescent homes and homes for the developmentally disabled; and
WHEREAS, the Town Council desires to update the Town's regulations of such
operations in order to align with current state law governing nursing facilities, assisted
living facilities, and community homes, and to provide for the registration and inspection
of such o "'In,
rations; and
3
QHEREAS, after public notice was given in compliance with State law and a public
hearing was conducted, and after considering the information submitted at the public
hearing and all other relevant information and materials, the Planning and Zoning
Commission of the Town has recommended to the Town Council the adoption of this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council on , at which the Town
Council considered the information submitted at the public hearing and all other relevant
information and materials.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Summary Comments on 2025 Draft Ordinance - Keefer
Comments.pdf
Page: 1
Number: 1 Author: pjkee Subject: Sticky Note Date: 9/2/2025 7:55:44 AM
Should this be No. 2025 - xx
Number: 2 Author: pjkee Subject: Sticky Note Date: 8/31/2025 6:46:36 AM
`Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:41:28 PM
Suggest we include much more of Town's developed parcels. Why does this only address 30-40% of town's development? Why does it not
include any of the two-dozen-ish Planned Developments? Such as the large PD-27? What about PD-24? In other areas churches are being
converted to Assisted Living Facilities or Community homes
Number: 3 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 2:44:10 PM
Suggest adding
"Whereas, the Town Council recognizes that community homes represent a commercial, multi -family facility dwelling operating in a single -family -
zoned residential area that will disrupt the peace and tranquility of the neighborhood with historic statistics that show 100 times more ambulance
calls than a typical home with possible structural changes that are to the detriment of the original use permit for a single-family home; and"
The point to this addition is to highlight the accommodations the Town is already making
SECTION 1.
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
Section 14.02.052, "General definitions," of Division 2, "Definitions," of Article 2,
"Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy
Club, Texas, is hereby amended by deleting the definitions of "Convalescent home" and
"Group home for the disabled" and by adding the following new definitions, inserted
alphabetically to read as follows:
"Assisted livinq facility A facility that furnishes food and shelter and provides personal
care and services pursuant to Chapter 247 of the Texas Health and Safety Code.
Community home. A community -based residential home, as defined by Texas Human
Resources Code Chapter 123, that is operated by: a) the Department of Aging and
Disability Services; b) a community center organized under Subchapter A, Chapter 534,
Texas Health and Safety Code, that provides services to persons with disabilities, c) an
entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d),
Business Organizations Code; d) an entity certified by the Department of Aging and
Disability Services as a provider under the ICF-11 D medical assistance program; or e) an
assisted living facility licensed under Chapter 247, Health and Safety Code, provided th�
the exterior structure retains compatibility with the surrounding residential dwellings
Nursinq facility_. Convalescent and nursing facilities that provide services pursuant to
Chapter 242 of the Texas Health and Safety Code."
SECTION 3.
Subsection (a), "Residential," of Section 14.02.103 Ue table," of Division 3,
"Establishment of Districts," of Article 2, "Zoning Ordinance:2f Chapter 14, "Zoning," of
the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by deleting the
use classifications for "Home for developmentally disabled" and "Nursing, rest and
convalescent home" and adding the following new use classifications, inserted
alphabetically to read as follows:
am
Number: 1 Author: pjkee Subject: Sticky Note Date: 8/31/2025 6:59:48 AM
Note that having excessive traffic/parked vehicles on -street, loading/unloading, Excessive trash. Excessive EMT calls do not retain compatibility
with the surrounding residential dwellings. The ordinance needs to have teeth to address these issues that the Oak Hill neighbors experienced.
Number: 2
Repeating earlier comment. Why does this only address 30-40% of town's development? Why does it not include any of the two-dozen-ish
Planned Developments? Such as the large PD-27? What about PD-24? In other areas churches are being converted to Assisted Living Facilities or
Community homes?
Author: pjkee Subject: Sticky Note Date: 8/31/2025 7:01:25 AM
Permitted Uses
District Classifications
R-
15
R-
12
R-
11
R-
10
R-
9
R-
8
R-
FV
R-
TT
R-
OH
R-
OHP
R-
S
MH
NS
(a) Residential
Assisted living
facility
P
Community home
P
P
P
P
P
P
P
P
P
P
P
P
Nursing facility
P
E4=10drW11110
Division 5, "Supplementary District Regulations," of Article 2, "Zoning Ordinance,"
of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy Club, Texas, is
hereby amended by adding a new Section 14.02.263, "Nursing Facilities, Assisted Living
Facilities, and Community Homes," to read as follows-
"14.02.263 Nursing facilities, assisted living facilities, and community homes.
(a) Purpose. The purpose of this section is to establish safeguards to protect the life,
health, safety, and property of the occupants of nursing facilities, assisted living facilities,
or community homes and the general welfare of the public by developing procedures to
enforce minimum standards and to provide equitable ann practical criminal,
administrative, and civil remedies for violations of this section. 10
(b) Definitions. Unless specified in this section, all terms used herein shall have the
meaning assigned by section 14.02.052 of this code.
(1) Certificate of occupancy. A certificate issued by the town in accordance with
all applicable laws, ordinances, or codes authorizing occupancy of a
building.
(2) Operator. The owner, manager, or other responsible party tasked with
managing a property as a nursing facility, assisted living facility, or
community home, whether an individual or an entity.
am
Number: 1 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:47:28 PM
Suggest adding
"Note: Occupancy of any Community home is limited to slx occupants and two live-in staff with a requirement that the property is subject to all
local, county, state and federal health and safety regulations." (According to the statues I read this needs to be stated - it cannot be assumed.)
"Where there is a conflict between any Community home stipulation or Accessory Use, and the base zoning for the residential area, the base
zoning for the residential area shall prevail."
"Note that garage space cannot be converted to living space."
Number: 2 Author: pjkee Subject: Sticky Note Date: 8/31/2025 7:13:20 AM
Where are the protections for the neighbors? The State and Federal laws say that neighbors have rights to have neighborhood compatibility and
rights to safety. These protections need to be specifically stated instead of solely focusing on occupants with penalties defined so that the Oak Hill
experience is not repeated. Suggest adding a statement "Additionally, neighborhoods have the right to safety and compatibility with respect to
traffic, trash and exterior appearance." or something similar.
(3) Life safety violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that represents an imminent threat of death or
injury to persons on the premises of a nursing facility, assisted living facility,
or community home.
(4) Critical violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that is capable of causing or contributing to injury
or illness of persons on the premises of a nursing facility, assisted living
facility, or community home.
(5) Non -critical violation. A violation of the most recently adopted editions of the
Building Code or International Property Maintenance Code as adopted by
the town, the town charter, the Code of Ordinances, or other applicable
local, state, or federal law that is not considered a life safety or critical
Diolation.
(c) Applicability and Administration.
(1) This chapter shall apply to all nursing facilities, assisted living facilities, and
community homes located in the town which are now in existence, or which
may hereafter be constructed or converted from other uses.
(2) The community development departmen Puthorized to administer and
enforce the provisions of this section an he town's building standards
regulations.
(3) The community development departmer all have the authority to render
interpretations of this section and to adopt `policies and procedures to clarify
the application of its provisions.
(d) Registration..
(1) No nursing facility, assisted living facility, or community home shall be used
or occupied until the operator has obtained a certificate of occupancy in
accordance with this code.
(2) An operator that operates a nursing facility, assisted living facility, or
community home must register with the town's community development
department on an annual basis. Such registration is valid from the date that
the application is approved for a period of one (1) year.
(3) The operator of a nursing facility, assisted living facility, or community home
that is constructed after the effective date of this section shall register within
30 days after obtaining its certificate of occupancy, and annually thereafter.
Number: 1 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:48:49 PM
suggest adding "(6) Neighborhood violation. A violation of the compatibility with the neighborhood."
Number: 2 Author: pjkee Subject: Sticky Note Date: 8/31/2025 7:20:47 AM
suggest adding "and the Planning & Zoning Commission" shall have the ...
Number: 3 Author: pjkee Subject: Sticky Note Date: 8/31/2025 7:20:03 AM
suggest adding "and the Planning & Zoning Commission" shall have the ...
(4) The registration shall be on a form prescribed by the town, shall be
accompanied by the fee identified in the town's fee schedule, and shall
contain the following information:
(A) 'The operating name, physical address, and business address for the
nursing facility, assisted living facility, or community home;
(B) The owner name, phone number, email address, physical address,
business address, and, if applicable, type of business entity that
owns the nursing facility, assisted living facility, or community home;
(C) To the extent applicable, the names, addresses, email addresses,
and telephone numbers of the property manager, resident manager,
registered agent, and all federal, state, and local funding agencies;
(D) To the extent applicable, all federal, state, and/or local licenses,
applications for licenses, and/or inspection reports related to the
operations of the nursing facility, assisted living facility, or community
home;
(E) The names and physical addresses of designated employees or
authorized representatives who shall be assigned to respond to
emergency conditions, to include fires, natural disasters, floods,
burst pipes, collapse hazard, violent crime, and other similar
conditions, and a telephone number where said employees can be
contacted during any 24-hour period.
(F) The total number of rooms and/or sleeping spaces;
(G) If the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment trust,
the name and physical address of a duly authorized agent for the
entity; and
(H) If the property is not owned by the applicant or entity intending to own
and/or operate the nursing facility, assisted living facility, or
community home, a notarized statement from the property owner
consenting to the proposed operations to be conducted at the
property.
(e) Inspections and Violations. The town may conduct inspections to ensure
compliance with minimum building standards and health and safety regulations in
accordance with the following provisions. All inspections shall be subject to the fees
identified in the town fee schedule.
(1) Inspections may be conducted upon filing of a new or renewal registration,
upon application for or to verify compliance with a certificate of occupancy,
and upon reports of code violations, including complaints filed with the town,
which may result in further periodic or follow-up inspections;
(2) Inspections may be conducted of the following areas:
(A) All building exteriors, including landscaping and screening features;
(B) All public areas;
(C) Unoccupied dwelling units; and
(D) Occupied dwelling units upon the consent of the occupant or the
operator or, if necessary, when subject to a warrant issued by a court
of competent jurisdiction.
(3) In the event an inspection identifies violations of minimum building
standards and health and safety regulations, the following provisions shall
apply:
(A) When an inspection is made at a community home or assisted living
facility and a violation is found to exist, a notice of violation will be
prepared by the town. The notice of violation shall be deemed
delivered when a copy of the notice-
(i) Is delivered in person to the operator; or
(11) Two days after the copy of the notice of violation is deposited with
We U.S. Postal Service and addressed to the landlord, owner, or
Poperty manager, with proper postage affixed.
(B) Upon receiving a notice of violation, the operator shall timely correct
all violations identified in a notice of violation, mitigate safety threats
arising from the violations immediately, and make repairs within a
reasonable period of time, as identified herein. Conditions creating
life safety threats must remain secured from occupants until all
repairs are completed.
(4) In addition to other authority granted by this section, the town has all rights
and authority granted by Article 18.05 of the Texas Code of Criminal
Procedure. Inspections shall comply with all federal, state, and local laws,
regulations, and ordinances.
(5) When considering a violation created by a tenant, the town may consider
the timeliness of the operator's response to the violation, actions taken by
the operator to address a tenant's activities that may have caused the
violation, and actions taken by the operator to prevent or reduce similar
violations in the future.
EMS
-� Number:
"(iii) the notice of violation shall be published on the Town of Trophy Club website."
Author: pjkee Subject: Sticky Note Date: 9/1 /2025 2:50:13 PM
(6) Operators shall have an opportunity to correct violations subject to the
following timelines. The time to correct a violation may be extended at the
town's discretion upon a showing of good cause and identification of a
corrective action plan with targets for satisfactory progression toward
compliance.
(A) A life safety violation shall be corrected within 24 hours of the
issuance of the notice of violation',
(B) A critical violation shall be corrected within 72 hours of the issuance
of the notice of violation; and
(C) Anon -critical violation shall be corrected within 30 days of the
a01 issuance of a notice of violation.
(7) Failure to timely correct violations in accordance M2 this section may result
in the revocation of a certificate of occupancy.E]
(8) The town shall report all violations of applicable state law to the Department
of Aging and Disability Services.
(f) Parking Regulations.
(1) An assisted living facility and/or nursing facility subject to this article, other
than a communi 3 home, must provide adequate parking in accordance with
the town's ivision ordinance and other applicable regulations.
Additionally, qjUirking is restricted to the number of off-street parking spaces
associated with the facility structure and to on -street parking immediately
adjacent to the property's front lot line. All motor vehicles are further subject
to the parking regulations contained in chapter 12 of the code.
(2) A community home subject to this article may not keep, for the use of the
residents of the home, motor vehicles in numbers that exceed the number
of bedrooms in the home either on the premises of the home or on a public
right-of-way adjacent to the home, in accordance with Section 123.009 of
6 he �exas�-luman
Resources Code.
(g) V�Q e po c5-all Regulations.
(1) A nursing facility, assisted living facility, or community home subject to this
article shall imply with all applicable town requirements for solid waste
disposal
(2) Additionally, any nursing facility, assisted living facility, or community home
producing medical waste must dispose of such waste in accordance with all
applicable state regulations for such disposal.
(h) Compatibility with Residential Areas; Location Requirements.
-
Page: 7
Number: 1 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:50:49 PM
Suggest adding "(D) A neighborhood violation shall be corrected in 24 hours."
Number: 2 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:51:12 PM
suggest adding " and/or fines."
Number: 3 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:52:20 PM
Suggest adding 'commercial' ordinances delete'subdivision' and HB 2464 both of which prohibit on -street parking.
Suggest deleting sentence starting with Additionally, ...
Text of HB2464 is here https://capitol.texas.gov/tlodocs/89R/bilitext/html/HBO24641.htm
Number: 4 Author: pjkee Subject: Sticky Note Date: 9/1/2025 3:00:12 PM
Suggest that all parking violations shall be considered a Neighborhood Violation and is subject to both a vehicle fine and property owner fine.
Number: 5 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:59:39 PM
P&Z has the authority 14.02.159.i. to require all Loading and Unloading be on -property vs on -street and this shout be a requirement for any
commercial operation in a residential neighborhood. This is covered in many and perhaps all residential zoning for R-xx. Don't know about PD-xx
residential zoning.
Number: 6 Author: pjkee Subject: Sticky Note Date: 9/1/2025 2:58:28 PM
Suggest amending our 14.02.355 with "(n) Use of private drives is required for off-street parking for community homes and all home businesses."
"Community homes shall provide loading and unloading space on a private drive and off-street parking for all deliveries and pick-ups for those
cared for by the establishment."
Number: 7 Author: pjkee Subject: Sticky Note Date: 9/1/2025 3:01:39 PM
Suggest that we add commercial -type requirement. "All trash receptacles shall be out of sight of public streets and all neighbors' views during
non -permitted pick-up hours."
Number: 8 Author: pjkee Subject: Sticky Note Date: 9/1/2025 3:02:14 PM
Suggest adding "(3) violations of Waste disposal Regulations is considered a Neighborhood violation and is subject to fines."
(1) A community home, including an assisted living facility that retains
compatibility with surrounding residential dwellings, is subject to the
subdivision and zoning regulations contained in chapters 10 and 14 of the
code. In order to construct improvements or operate a use not consistent
with said regulations, a community home may apply for a reasonable
accommodation in Ecordance with this chapter, if applicable.
(2) In accordance Pr Section 123.008 of the Texas Human Resources Code,
a community home may not be established within one-half mile of an
� existipg community home.
LI
(i) FPasonae Accommodations. The provisions in this chapter governing the
operation of community homes shall not be construed to limit a person's right to request
a reasonable accommodation on the basis of a disability. A person requesting a
reasonable accommodation from this ordinance on the basis of a disability may file a
request for reasonable accommodation with the community development department.
(1) A reasonable accommodation request may be made by any person with a
disability; the person's representative; a developer; or a provider of housing
for individuals with disabilities. The request shall state the reason for the
accommodation and the basis for the request and demonstrate that the
reasonable accommodation is requested on the basis of disability and is
both reasonable and necessary to ensure equal opportunity for individuals
with disabilities to obtain housing in accordance with the Fair Housing Act.
(2) If the reasonable accommodation request demonstrates the qualifications
set forth in subsection (1) above and the requested accommodation would
not fundamentally alter the town's land use and zoning patterns or
disproportionately impact the surrounding area, the town shall grant the
reasonable accommodation request. If the town determines that a different
reasonable accommodation would provide equal opportunity as described
in subsection (1) above, the town may offer such alternative reasonable
accommodation.
(3) A decision of the town regarding a reasonable accommodation request may
be appealed to the town's zoning board of adjustment in accordance with
the procedures outlined in Section 14.02.405 of this code.
(4) JPCdMowing the approval of a reasonable ac�mmodation for a community
ome in a residential district, the town --� notify the owners of property
located within two hundred feet (200 f the subject property that a
community home is located at the subject property. Such notification shall
include a copy of this section's regulations.
0) Reporting Requirement. For any nursing facility, assisted living facility, or
community home subject to state licensure, the town shall report to the any applicable
state licensing authority any nursing facility, assisted living facility, or community home
Page: S
A Number: 1 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:03:56 PM
Suggest inserting between 'accommodation' and 'in' "from the Planning & Zoning Commission. If the reasonable accommodation is not granted,
escalation to the Zoning Board of Adjustments is available."
Number: 2 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:04:41 PM
Suggest adding "(3) A community home may not be located in a 100-year flood plain by state/federal law."
Number: 3 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:05:20 PM
Suggest adding "(4) In the event a property is redeveloped for a Community Home purpose, then Town Tree ordinances shall be adhered to.
Chapter 10.02"
Number:4 Author: pjkee Subject: Sticky Note Date: 9/1/2025 3:05:51 PM
Suggest changing the word 'Following' to 'Prior to'
Number: 5 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:06:14 PM
Suggest changing 'may' to 'must'
that the town finds-
(1 ) Is established or operating in the town without a state license;
(2) Poses an immediate threat to the health and safety of one or more
resident(s) of the assisted living facility; or
P) Is otherwise violating a provision of Chapters 242 or 247 of the Texas Health
and Safety Code, as amended; Chapter 123 of the Texas Human
Resources Code, as amended; or any rule, regulation, or standard
governing nursing facilities, assisted living facilities, or community homes
promulgated in accordance with said statutes.
(k) Enforcement.
(1) Criminal enforcement. A violation of this chapter is a misdemeanor
punishable by a fine not to exceed $2,000 in accordance with this code.
Each occurrence of a violation or each day that a violation continues shall
constitute a separate offense. The failure to perform an act required by this
chapter is a violation of this chapter.
(2) Civil enforcement. The town may enforce this chapter by pursuing all civil
remedies to which it is entitled by law, to include filing suit and recovering
civil penalties pursuant to Chapter54 of the Texas Local Government Code.
The town may also institute suit to recover the cost of any actual damages
incurred by the town, and any costs of response, remediation, abatement,
and restoration incurred by the town as allowed under state or federal laws
� or at common law."
SECTION 5.
Section A-1.003, "Community development department," of Article 1.000, "General
Provisions," of Appendix A, "Fee Schedule," of the Code of Ordinances, Town of Trophy
Club, Texas, is hereby amended by adding a new Subsection (hh), "Nursing facilities,
assisted living facilities, and community homes," to read as follows:
"(hh) Nursing facilities, assisted living facilities, and community homes:
(1) Permit application: $300.
(2) Legal review: Actual cost.
(3) Inspection: $150.
(4) Reinspection: $150.00 per each additional reinspection.
(5) For use of outside consultants for inspections: Actual cost."
am
Number: 1 Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:06:56 PM
Suggest adding (3) (a) Neighborhood violations shall be subject to $100 ticket for each vehicle owner for parking violation and $200 for each
violation for the property owner..
(b) Neighborhood trash violations shall be subject to $200 for each violation for the property owner."
Number:2
Suggest adding "(6) Any major change such as adding or removing bedrooms or other structural changes in the Permit Request that requires an
Additional Fire Department review shall incur another Permit Fee charge of $300."
Author: pjkee Subject: Sticky Note Date: 9/1/2025 3:08:06 PM
This came out of the over 100 emails pertaining to this subject wrt the Oak Hill property
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other ordinance affecting the subject matter of this Ordinance
within the Town which have accrued 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.
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause orword
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.
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 less 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 a violation occurs or continues.
r is
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
caption and penalty clause of this Ordinance as required by Section 3.16 of the Town's
Charter.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
Number: 1
Author: pjkee Subject: Sticky Note Date: 9/1 /2025 3:20:57 PM
Suggest adding "Section 12.
While not a requirement, the Town of Trophy Club recommends for the health and safety of the vulnerable occupants::
(A) Access and Emergency Egress:
(1) Excluding the standard street curb, the subject lot slope linearly from the street to the primary entrance should not exceed the ADA-
complaint slope criteria of 4.8 degrees.
(2) An ADA-approved curb cut should be made for the front entry sidewalk.
(3) Any bedroom with ground level access should have egress that allow stand-up emergency evacuation
(4) Any structure with a second level should have two or more paths for emergency egress and should have windows able to
evacuate a person with a minimum 36" width.
(5) Every bedroom should have emergency evacuation routes posted.
(B) Some Town homes have flooded even though they are not in the 100-year flood plain. It is suggested that any lot that has
flooded or is predicted to flood in the next 30 years by firststreet.org be rejected as a community home locations. Currently there
are 209 or more homes in this status.
(C) For health and safety of occupants it is suggested that two HVACs be installed with a back-up generator.
(D) The entire structure should be ADA-compliant in all bedrooms, bathrooms, hallways and public areas, all entryways and
windows should allow ADA egress in the event of an emergency.
(E) Given the vulnerable nature of occupants, it is suggested fire risk be lowered with a lightening rod system in addition to the
mandated sprinkler system."
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this day of , 2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney