Agenda Packet TC 11/02/2009Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, TX 76262
Svore Municipal Building Boardroom7:00 PMMonday, November 2, 2009
Call to order and announce a quorum.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
1.09-450-T Consider and take appropriate action regarding the Minutes dated October 19, 2009.
October 19, 2009 Minutes.pdfAttachments:
PUBLIC HEARING
Town Council 1 of 109 Meeting Date: November 2, 2009
November 2, 2009Town Council Meeting Agenda
2.09-409-T Public Hearing to consider an Ordinance amending the Town of Trophy Club Code of
Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and
Chapter 13-Zoning, Article V-Supplementary District Regulations, affecting the location
of swimming pools. (ADM-09-005)
Council Staff Report.pdf
Codification - Article XV - Pools.pdf
Codification - Section 5.03.pdf
Public Hearing Notice.pdf
2009-XX PZ Ordinance for Amending Swimming Pool Location.pdf
Attachments:
3.09-430-T Public Hearing to consider an Ordinance amending Ordinance No. 2007-15 P&Z, PD
Planned Development District No. 27, The Highlands at Trophy Club, to delete, alter,
and/or allow changes to lot size requirements, configuration and amenities for
Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous
changes to PD-27. (PD AMD 09 031)
Council Staff Report.pdf
Application.pdf
Public Hearing - Newspaper.pdf
Property Owner Notification.pdf
Elevations.pdf
2009-XX P&Z Town Council 110209.pdf
Attachments:
REGULAR SESSION
4.09-429-T Consider and take appropriate action regarding an Ordinance amending Town of
Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article
XV-Swimming Pools, and Chapter 13-Zoning, Article V-Supplementary District
Regulations, affecting the location of swimming pools. (ADM-09-005)
5.09-431-T Consider and take appropriate action regarding an Ordinance amending Ordinance No.
2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club,
to delete, alter, and/or allow changes to lot size requirements, configuration and
amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related
miscellaneous changes to PD-27. (PD AMD 09 031)
6.09-451-T Consider and take appropriate action regarding financial and variance report dated: a.
August 2009 and September 2009
August 2009 - Town and Trophy Club Park Monthly Financial Statements.pdf
September 2009 - Preliminary Monthly Financial Statements.pdf
Attachments:
7.09-444 Consider and take appropriate action regarding the enforcement of House Bill No. 55
relating to the offense of using cell phones in school zones.
Excerpt from 10-19-09 Meeting.pdf
HB55.pdf
Attachments:
Town Council 2 of 109 Meeting Date: November 2, 2009
November 2, 2009Town Council Meeting Agenda
8.09-312-T Consider and take appropriate action regarding an Ordinance amending the Code of
Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled
Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit
Holders, and Providing an effective date.
312 Minutes Excerpt from 10-19-09..pdf
Staff Report.pdf
Hotel Maintenance Ordinance 2009-28.pdf
Attachments:
9.09-453-T Receive a progress report from Council Member Wilson regarding the October 20,
2009 TCMUD1 Meeting; discussion of same.
10.09-454-T Mayor and Council Update regarding training opportunities, educational sessions,
upcoming events and regional meetings.
11.09-455-T Items for Future Agendas.
Items for Future Agendas.pdfAttachments:
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, October 29, 2009 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
________________________________________
Lisa Hennek
Town Secretary, TMRC
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2009
________________________________, Title: ___________________________
Town Council 3 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-450-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/22/2009 Town Council
On agenda:Final action:11/2/2009
Title:Consider and take appropriate action regarding the Minutes dated October 19, 2009.
Attachments:October 19, 2009 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 4 of 109 Meeting Date: November 2, 2009
109-450-T Version:File #:
Title
Consider and take appropriate action regarding the Minutes dated October 19, 2009.
Town Council 5 of 109 Meeting Date: November 2, 2009
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 19, 2009 6:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
October 19, 2009. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Philip Sterling Council Member
Susan Edstrom Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Adam Adams Parks Director
Mayor White announced the date of October 19, 2009, called to order and announced a
quorum at 7:04 p.m.
Invocation offered by Mayor Pro Tem Strother.
Pledges led by Council member Rose.
1. 09-396-T Introduction and Presentation from Cathy Hernandez - ARTSNET; discussion
of same.
Ms. Hernandez was unable to present due to illness.
2. 09-420-T Consider and take appropriate action regarding a Proclamation declaring
October 19-23, 2009 as Texas Chamber of Commerce Week.
Mayor Pro Tem Strother read the Proclamation.
Motion made by Edstrom, seconded by Rose to approve the Proclamation.
Pearl Ford accepted the Proclamation on behalf of Sally A. Michalak, President, Northwest
Metroport Chamber.
1
Town Council 6 of 109 Meeting Date: November 2, 2009
The Council thanked the Chamber for their support.
Motion passed unanimously without any discussion.
CITIZEN PRESENTATIONS
No citizens addressed the Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will
be enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
Mayor White, announced the following change to Item 4, Minutes dated September 21, 2009,
paragraph 11, should read:
Mayor White is comfortable adding an additional employee to the Finance
Department, but does not support a Benchmark Analyst. Council member Rose
Wilson agreed and said that the additional person would be responsible for
whatever duties are necessary and does not necessarily need the title of
Benchmark Analyst.
Motion made by Wilson, seconded by Strother to approve the Consent Agenda, Items 3 – 6, with
the corrections made to the September 21, 2009 Minutes.
Motion passed unanimously without any discussion.
3. 09-384-T Consider and take appropriate action regarding the Minutes dated September
14, 2009.
4. 09-397-T Consider and take appropriate action regarding the Minutes dated September
21, 2009.
5. 09-398-T Consider and take appropriate action regarding the Minutes dated September
28, 2009.
6. 09-449-T Consider and take appropriate action regarding the Minutes dated October 5,
2009.
REGULAR SESSION
7. 09-446-T Staff presentation and update regarding the events planned for the Fall
Phantom Festival on October 24, 2009; and discussion of the same.
Staff gave a brief presentation outlining the events planned for the Fall Phantom Festival.
Mayor White questioned if Parks Director Adam Adams felt this event was adequately promoted
as a Community Event rather than just an Elementary School Event. Parks Director Adams said
that this event was promoted in the same fashion as the past Fall Festivals. The Parks
Department will be tracking the attendance and by asking attendees to complete a comment
form.
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Town Council 7 of 109 Meeting Date: November 2, 2009
No action taken, presentation only.
8. 09-418-T Consider and take appropriate action nominating candidates to the Denton
County Appraisal District Appraisal Review Board.
Mayor White explained that this is a full-time job for a period of three months. Nominated
candidates will have to complete an application for the Board of Directors to hire from.
Motion made by White, seconded by Rose to nominate Joyce Frey to the Denton County
Appraisal District Appraisal Review Board.
Pearl Ford, 2 Spring Creek Court – Explained that every year members are appointed to the
Appraisal Review Board. Members serve two year terms and may only serve three terms.
The Council suggested staff consider options to advertise for interest to this Board and for the
Board of Directors for the future nominations.
Motion passed unanimously without further discussion.
9. 09-312-T Consider and take appropriate action regarding an Ordinance amending the
Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3,
entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards
for Permit Holders, and Providing an effective date.
Staff made revisions to the Ordinance as suggested by the Council at their September 28, 2009
meeting.
Mayor White questioned if the mechanical ventilation requirements are consistent with green
standards and if once a year insect treatment is enough. Assistant Town Manager said that the
mechanical ventilation requirements follow the International Building Code that the Town adopted
and that once a year insect treatment is all the Town has to monitor.
Council suggested revisions to Sections I, Guest Room or Rooms, J, Hot Water and K, Hotel and
requested the effective date as January 1st.
This Item will be brought back at the November 2, 2009 Council meeting.
10. 09-419-T Consider and take appropriate action regarding a Resolution accepting the
Energy Efficiency and Conservation Block Grant (EECBG) Program allocation under
the American Recovery and Reinvestment Act (ARRA); and providing an effective date.
The American Recovery and Reinvestment Act provides more than $45 million to the State
Energy Conservation Office, a part of the Comptroller’s office, for the Energy Efficiency and
Conservation Block Grant program. This money will be available to small cities that did not
receive a direct allocation from the U.S. Department of Energy under this program.
In an effort to ensure that the 1,127 cities in Texas that are not receiving direct dollars from DOE
are able to benefit from this funding, the money will be redistributed based on a population
formula. As a result, it is currently anticipated that the Town may be eligible for $35,000.
Potential projects planned are the lights and air conditioner.
3
Town Council 8 of 109 Meeting Date: November 2, 2009
Council member Rose questioned if the projects planned were even possible considering the
Town leases the building from the MUD. Mayor White stated that the maintenance is handled
jointly.
Motion made by Edstrom, seconded by Wilson to approve a Resolution accepting the Energy
Efficiency and Conservation Block Grant (EECBG) Program allocation under the American
Recovery and Reinvestment Act (ARRA), effective October 19, 2009.
Motion passed unanimously without further discussion.
11. 09-444-T Consider and take appropriate action regarding the enforcement of House Bill
No. 55 relating to the offense of using cell phones in school zones.
Staff is requesting Council's direction regarding installation of signage. The cost for signage is
approximately $550.00. Assistant Town Manager stated that in order to enforce House Bill No.
55, signage has to be posted.
Council member Edstrom recalled that Council did not support this the first time it came before
Council.
Council member Sterling does not support enforcement. The distraction is not having the cell to
your ear; it is the conversation and dialing the phone. Enforcement places unnecessary burden
on the Police Department.
John Tharpe, 1120 Wilshire – Suggested the Council consider posting signs reminding people of
the school zone, and not the State regulated signs.
Council member Wilson agreed with Mr. Tharpe and that the power of positive suggestion may
have a greater effect. Wilson feels Council needs to take some sort of action.
Police Chief Kniffen acknowledged that two hands on the wheel is the safest way to drive,
however, the Police cannot cite people for drinking coffee, smoking or eating while driving.
Kniffen confirmed that should the Town post signs compliant with State regulations, the Police
would have to enforce. However, they would not have to enforce if the signs were only power
positive suggestion signs.
Mayor White stated that the entire Council is concerned about the safety and welfare of the
children and is trying to determine the best course of action.
Pearl Ford, 2 Spring Creek Court – Admitted bias based on an accident she was involved in as
the person who hit her was on the phone, and suggested power of positive suggestion signs to
start. If necessary the Council would later implement the State regulated signs.
Council member Edstrom suggested Staff contact the schools to determine their preference.
Motion made by Sterling not to approve the enforcement of House Bill No. 55 relating to the
offense of using cell phones in school zones.
Motion failed for lack of a second.
Mayor Pro Tem Strother questioned if it would be mandatory for an officer to monitor the school
zones if the signs are posted in compliance with State regulations. Chief Kniffen explained that it
would not be necessary for the Police to patrol the school zones, however they would have they
same obligation to enforce the statute, and use their discretion when issuing a citation.
4
Town Council 9 of 109 Meeting Date: November 2, 2009
Motion made by Strother, seconded by Edstrom to table until the next available agenda and until
further research can be done by staff.
Assistant Town Manager Seidel said he would contact NISD to discuss.
Motion passed 5:1, with Sterling opposing.
12. 09-443-T Update regarding the Cost of Election Services with Tarrant County, for the
November 3, 2009 Park Bond Election.
Mayor White discussed the election cost with Tarrant County Elections Administrator, Steve
Raborn. Mr. Raborn re-evaluated the Town’s invoice and reduced the cost related to the Town's
one day of early voting and estimate for that day. Tarrant County also agreed to charge only 25%
of the full time early voting site at Southlake (rather than 50%).
The Town's new cost estimate approximately $3,900, changing the deposit amount to $2,900.
Finance had already sent the check for the original amount prior to Tarrant reducing the cost,
therefore Tarrant County will apply the entire amount and after the election, if the deposit is
greater than the actual costs, Tarrant County will refund the difference.
Council member Edstrom questioned if the Bond Committee had started campaigning yet. Staff
confirmed that several signs had already been posted and that the Bond Committee has a
website.
No action taken, update only.
13. 09-428-T Consider and take appropriate action regarding the ratification of an
amendment to the contract between the Town and Halff Associates for engineering
services related to the Trophy Club Pedestrian/Bicycle Sidewalk Project.
TxDOT notified the Town that the parent drop-off included in the original scope of work and
budget would not be funded. The drop-off is considered a transportation element and not a
pedestrian element. We met with the engineering team and decided that the funds previously
allocated for the drop-off would be best utilized for construction of additional sidewalks to Byron
Nelson High. TxDOT has agreed to the proposed addition.
The amendment to the Engineering Services Contract is for the additional survey work required
as a result of these changes.
Staff recommended that the Council ratify the Amendment as written.
Motion made by Edstrom, seconded by Sterling to approve the ratification of an amendment to
the contract between the Town and Halff Associates for engineering services related to the
Trophy Club Pedestrian/Bicycle Sidewalk Project.
Motion passed unanimously without further discussion.
14. 09-445-T Items for Future Agendas
Mayor Pro Tem Strother added an Item to discuss a Planning Session for Comprehensive Land
Use.
5
Town Council 10 of 109 Meeting Date: November 2, 2009
6
15. 09-442-T Mayor's Update regarding training opportunities, educational sessions, and
regional meetings.
Mayor White provided a brief update on her attendance at the following meetings and events:
- October Chamber Luncheon
- Motel Six Grand Opening
- TCWC Garage Sale
- Roanoke Days
- NCP Meeting
- Metroport Cities Partnership Meeting
- Official Dedication of the Byron Nelson High School
Council convened into Executive Session 8:28 p.m.
EXECUTIVE SESSION
16. 09-447-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney,"
on a matter in which the duty of the Attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act for the purpose of receiving legal advice regarding
interlocal and regional contracts.
Council reconvened into Regular Session 8:45 p.m.
RECONVENE INTO REGULAR SESSION
17. 09-448-T Discuss and take appropriate action relative to Executive Session Item 09-
447.
No action taken.
ADJOURN
Motion to adjourn made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 8:45
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 11 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-409-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/30/2009 Town Council
On agenda:Final action:11/2/2009
Title:Public Hearing to consider an Ordinance amending the Town of Trophy Club Code of Ordinances,
Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article
V-Supplementary District Regulations, affecting the location of swimming pools. (ADM-09-005)
Attachments:Council Staff Report.pdf
Codification - Article XV - Pools.pdf
Codification - Section 5.03.pdf
Public Hearing Notice.pdf
2009-XX PZ Ordinance for Amending Swimming Pool Location.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/21/2009 1
Town Council 12 of 109 Meeting Date: November 2, 2009
109-409-T Version:File #:
Title
Public Hearing to consider an Ordinance amending the Town of Trophy Club Code of Ordinances, Chapter 3-Buildings
and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article V-Supplementary District Regulations,
affecting the location of swimming pools. (ADM-09-005)
Town Council 13 of 109 Meeting Date: November 2, 2009
TOWN COUNCIL
STAFF REPORT
November 2, 2009
Case No. ADM-09-005
Request for Text Amendments
regarding Swimming Pools
Chapter 3-Buildings and Construction
Chapter 13-Zoning
SUBJECT: Public Hearing to consider changes to the Town of Trophy Club
Code of Ordinances, Chapter 3-Buildings and Construction, Article
XV-Swimming Pools, and Chapter 13-Zoning, Article V-
Supplementary District Regulations, affecting the location of
swimming pools. (ADM-09-005)
PURPOSE: To define where a swimming pool may be located on a residential lot.
STAFF COMMENTS: By current ordinance (Chapter 3-Buildings and Construction,
Article XV-Swimming Pools, Section 15.04-Swimming Pools, H. Location), a swimming
pool “shall be located within the rear yard and shall not encroach upon any identified
easement.”
“Rear Yard” is defined as: “A space unoccupied by a principal structure extending for
the full width of the lot between the principal structure and the rear lot line.”
When a pool is submitted for review, Staff interpretation of the above definition is literal -
- the pool must be located between the principal structure and the rear lot line. If any
portion of the pool is located in any other area – for instance, along the side of the
principal structure -- a variance is required for that location.
A recent example is shown below. The homeowners at 3 Mesa Verde Ct. submitted an
application for a pool permit. Although the pool could have fit in the “rear yard” (only),
the homeowners wished to place the pool in the southeast corner of the property. Since
that location placed half of the pool in the rear yard and half in the side yard, by the
definition outlined above a variance is required.
Town Council 14 of 109 Meeting Date: November 2, 2009
The Zoning Board of Adjustment granted the variance for this property, as well as four
other side yard pool cases heard by ZBA during the past two years. Two additional
requests are pending. As single family development continues to increase in Trophy
Club, staff anticipates that pool variance requests will also increase.
The current ordinance (pools located in the rear yard only) went into effect in 2005.
Staff believes the intent of the ordinance is to protect the privacy of neighbors as well as
Town Council 15 of 109 Meeting Date: November 2, 2009
the aesthetics of neighborhoods. Pools must be screened “from the view of the public
and from the view of adjacent private properties.” Many homes in Trophy Club have
small side yards with larger rear yards. In general, pools built in the rear yard can
provide more distance from the neighboring houses and allow greater privacy for the
streetscape as well as for and from surrounding neighbors.
Staff believes it would be beneficial to the residents and to the Town to change the
ordinance to allow pools in the side yard. To protect the privacy of neighboring
residents and to maintain aesthetics, staff recommends that although pools may be
allowed in a side yard, the pool cannot be forward of the house and there must be a
minimum of 6-ft. from any property line to the waters edge of the swimming pool.
In addition, pools built closer than six feet to the primary dwelling require an engineer’s
letter. This requirement has been stated in the Zoning Ordinance (Chapter 13) under
Section 5.03 Accessory Structures. Staff requests adding this requirement to the
Swimming Pool Ordinance in Chapter 3 and removing it from the Accessory Structures
Ordinance in Chapter 13.
PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and
Zoning Commission heard this item on October 21, 2009 and made the following
recommendation:
Commissioner Sheridan made a motion recommending approval to the Town Council
with the stipulation that there must be conformance to the fencing ordinance.
Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Sheridan, Davidson
Nays: None
Action: 5-0, Approved
STAFF COMMENT REGARDING PLANNING AND ZONING COMMISSION
RECOMMENDATION: The Planning and Zoning Commission’s stipulation of
conformance to the fencing ordinance is to address a concern by the Commission that
pools in side yards might be built too close to the front of the house. The Town’s fence
ordinance requires that a front elevation fence be located a minimum of ten feet (10’)
behind the front elevation of the primary structure. To address the Planning and Zoning
Commission’s concerns, Staff recommends a stricter requirement that swimming pools
must be located a minimum of twenty (20) feet behind the front elevation of the primary
structure as noted in Item 2. (below) of the recommended changes to the Swimming
Pools ordinance.
Town Council 16 of 109 Meeting Date: November 2, 2009
Chapter 3 – Buildings and Construction
Article XV – Swimming Pools
Section 15.04 – Swimming Pools
Subsection H – Location
H. Location
1. All swimming pools, to include but not limited to kiddie and wading
pools, shall be located within the side and/or rear yard and shall not
encroach upon any identified easement.
2. Pools located in a side yard must be a minimum of twenty (20)
feet behind the front elevation of the primary structure.
3. The waters edge of the swimming pool must be at least six (6) feet
from any property line.
4. If the waters edge of the swimming pool is located closer than six
(6) feet to the primary dwelling, an engineer’s letter, stamped by
all applicable engineers, stating the excavation will not in any way
harm the structural integrity of the primary dwelling, will be
required at the time of plan submittal.
Chapter 13 – Zoning
Article V – Supplementary District Regulations
Section 5.03 – Accessory Structures and Uses
Item A. 1. d. Location
d. Location:
1. There shall be no accessory structures located in any front yard or side yards,
with the exception of a flag pole, as defined in item “vi” above.
2. Accessory structures erected ten (10) feet or closer to the principle building
shall be considered to be attached and part of the primary structure for
calculating total square feet under roof and shall comply with the setback
lines established for that zoning district.
3. If the total square feet under roof (including said accessory structures) exceed
7,500 sq. ft., then the entire new accessory structure must be protected with a
sprinkler system.
4. In a case where more than one accessory structure is on the same lot, each
structure shall have a minimum ten (10) foot separation between them.
A swimming pool is permitted to be located closer than ten (10) feet to the
principle building. If the waters edge of a swimming pool, or any accessory
structure that is excavated for foundation footing, is located six (6) feet or closer
to the primary dwelling, an engineer’s letter, stamped by all applicable engineers,
Town Council 17 of 109 Meeting Date: November 2, 2009
stating the excavation will not in any way harm the structural integrity of the
primary dwelling, will be required at the time of plan submittal.
5. Notwithstanding the foregoing, accessory structures are only allowed if they
comply with the zoning regulations in the district in which they are located.
PUBLIC HEARING: A notice of public hearing must be published in the local
newspaper fifteen (15) days prior to a hearing for a text amendment. A notification was
placed in the newspaper as required. Hearing Date: November 2, 2009. Publication
Date: September 30, 2009.
(ch/ck)
Attachment: Article XV – Swimming Pools
Section 5.03 Accessory Structures and Uses
Public Hearing Notice
Ordinance No. 2009-XX P&Z
Town Council 18 of 109 Meeting Date: November 2, 2009
Article XV
Swimming Pools
Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Aboveground Swimming Pool: A structure in which the entire construction is above ground,
or if partly above and partly below-ground, the top of the receptacle basin is at least twenty-
four inches (24”) above ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that
contains water over twenty-four inches (24”) deep and has a capacity of over seven hundred
(700) gallons that is dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or
receptacle set aside primarily for use by children with a depth no greater than twenty-four
inches (24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical or
mechanical means.
Permitting Department: The Permitting Department of the Town of Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity
recognized in law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and
tubs and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a
health-care facility, designed for immersion of users and usually having a filter, heater, and
motor-driven blower. The spa is intended for recreational bathing and contains water over
twenty-four inches (24”) deep.
Stagnant: Standing or non-flowing water.
Surface Waters: Water collecting on the ground or in a stream, river, lake, wetland, or
ocean.
Swimming Pool: Any structure intended for swimming or recreational bathing that is
designed to contain water over twenty-four inches (24”) deep and has a capacity of over
seven-hundred (700) gallons. This includes inground, aboveground and on-ground swimming
pools. As used in this Article the term is limited to pools which are fitted with a filter for
clarifying pool water, or which are designed to be fitted with a filter, whether installed or not.
The term shall not include facilities located inside a residence, storable pools designed for
seasonal setup and use which are stored at the end of the swimming season, or spas
installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in
place at all times when the spa is not in use.
Swimming Pool Filter Backwash: Normal filter backwash water from both public and
private swimming pools as well as spas with backwash filter facilities.
Unsanitary: Not free from elements, such as filth or pathogens that endanger health and
hygiene.
Town Council 19 of 109 Meeting Date: November 2, 2009
(Ord. No. 95-12, § II, 7-18-95, Repealed by Ord. No. 2005-15, II, 6-20-05) Ord. No. 2007-16, § II,
4-16-07, amended sections 15.01-15.08, Ord. No. 2008-22, § II, 8-18-08 amended section 15.01
Section 15.02 Applicability and Prohibitive Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall also apply to all existing pools and spas
which have a depth greater than twenty four inches (24”) of water at any point, except
as specifically prohibited in Subsection F. It shall be unlawful for any person to violate
any provision of this Article.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.02 (A)
B. No person shall construct, erect, or maintain an aboveground pool.
C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or
licensee, upon which is situated a swimming pool having a depth greater than twenty-four
inches (24”) or more of water at any point, shall fail to provide and maintain such fence or
wall as herein provided.
D. Any and all unfenced swimming pools existing at the time this Article is passed shall have
ninety (90) days to comply with the terms and requirements herein stated, from the effective
date of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool to permit the drainage of any swimming pool
filter backwash and/or spent diatomaceous earth to the storm drainage system, to surface
waters, or to adjacent public or private property.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.02 (E)
F. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool, regardless of the depth of water it contains,
within the corporate limits of the Town, to permit or allow swimming pool water to harbor or
be a breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or
adversely impacts the public health and safety by any means.
(Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, III, 6-20-05) Ord. No. 2007-16, §
II, 4-16-07, amended sections 15.01-15.08, Ord. No. 2008-22, § II, 8-18-08 amended section
15.02, (A and E)
Town Council 20 of 109 Meeting Date: November 2, 2009
Section 15.03 Exceptions
A. Kiddie Pools or Wading Pools are exempt from the provisions of this Article except as
specifically provided herein.
B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not
more than fifteen hundred (1,500) gallons shall be allowed above ground.
C. In lieu of the fence requirement in Section 15.04, rigid lock-down covers may be allowed for
hot tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas, provided that
prior approval is given through the fence permit application process and further provided
that the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type
bath and tub, and/or spa is not in use.
(Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, IV, 6-20-05) Ord. No. 2007-16, §
II, 4-16-07, amended sections 15.01-15.08
Town Council 21 of 109 Meeting Date: November 2, 2009
Section 15.04 Swimming Pools
A. Swimming Pool Permit Application
The following information shall be required for each swimming pool permit application:
1. Applicant’s name and address.
2. If person represents a corporation, partnership or other legal entity, the address of the
president or registered agent of the entity.
3. Name of the foreman or contractor in charge of construction.
4. Name of the owner of the property.
5. Address of the location where swimming pool is to be constructed.
6. Size of swimming pool.
7. Approximate value.
8. Two (2) site plans showing the location of swimming pool in relation to the property
lines with the distance indicated from the pool to any structures and to the property
boundaries. All measurements shall be from the pool structure itself and not from the
water’s edge and also show property setback lines, drainage plan, location of any and
all drainage and/or public utility easements, and the location of required and/or
existing fence.
a. Fence permit, if applicable.
B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance
of a permit and the commencement of construction of a swimming pool.
C. Fence Requirements
1. Permanent Fence
Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub,
and/or spa is filled with water, a permanent fence shall be erected surrounding the
pool, which shall conform to the International Building Code, as adopted and amended
by the Town.
a. The Pool Contractor or other person constructing a pool is responsible for the
construction of a permanent fence that complies with this Article and all other
applicable regulations. The property owner is responsible for the maintenance
of a permanent fence that complies with this Article and all other applicable
regulations.
b. It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and
tub, Jacuzzi-type bath and tub, and/or spa in the corporate limits of Trophy Club,
which is not fenced in accordance with the requirements of this section and all
other applicable Codes.
Town Council 22 of 109 Meeting Date: November 2, 2009
2. Temporary Fence
Prior to commencement of and during the construction of a swimming pool, a
temporary fence shall be erected and maintained around the swimming pool
construction site, which shall limit access to the construction site at all times except
when construction is actually in progress. The top of the temporary fence shall be at
least four feet (4’) in height. The wall of a dwelling may serve as part of the fence.
a. All inspections will be canceled if a temporary fence is not installed on the job
site and a re-inspection fee will be assessed in an amount set by the Town’s
Schedule of Fees. Continued failure to enclose the site with a temporary fence
may result in a citation being issued to pool contractor.
D. Form Survey Required
A form survey shall be submitted and approved by the Building Inspector prior to calling for
the first inspection.
E. Certificate of Completion
Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the
following inspections:
1. Belly steel and ground steel,
2. Deck steel and ground,
3. Gas line inspection (if applicable) and P-Trap/Backwash inspection.
a. Before the backwash, P-Trap & gas line are covered in any way, those items
shall be inspected and approved. All pools shall have a p-trap and backwash
line connected to the sanitary sewer.
4. Drainage Survey
The pool final inspection will not be approved if the Inspector determines that the
grading and drainage of the lot is not in compliance with the approved drainage plans
for the subdivision. If the inspector cannot determine the lot water flow, an engineered
survey shall be required.
5. Final inspection, including the fencing.
a. At the final inspection, all local requirements, state requirements and Town-
approved building codes must be met.
F. Lighting
All lighting of a swimming pool shall be shielded or directed to face away from adjoining
residences. If lights are not individually shielded they shall be so placed, or the enclosing
wall or fence shall be so designed, that direct rays from the lights shall not be visible from
adjacent or contiguous properties.
Town Council 23 of 109 Meeting Date: November 2, 2009
G. Licensed Contractor
All electrical and plumbing work shall be performed by licensed contractors in accordance
with the requirements of the Town-approved Building Code, as amended and all other
applicable Codes or regulations.
H. Location
All swimming pools, to include but not limited to kiddie and wading pools, shall be located
within the rear yard and shall not encroach upon any identified easement.
I. Draining of Swimming Pools
1. All backwash or drainage from a swimming pool shall discharge into the sanitary
sewer system. An indirect connection shall be made by means of an air break
discharging into a tail piece installed a minimum of 6” or 152 mm above adjacent
grade. The tailpiece shall be connected to a minimum 3” or 76 mm p-trap not less
than 12” (304 mm) below grade which discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have until June 15,
2010 to comply with subsection 1 above or to obtain a Compliance Permit in
accordance with subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above, Owners of pools
built or permitted prior to July 1, 2005, may obtain approval for an alternate disposal
process for all swimming pool backwash. An application for approval of an alternate
disposal process may be obtained from the Town’s Permitting Department. The
Compliance Permit shall not allow for any backwash or drainage water to be pumped
or drained directly or indirectly to adjacent public or private property, including without
limitation, streets, storm sewers or surface waters. The Compliance Permit may allow
for drainage if drainage remains on the Permittee’s property and Permittee properly
disposes of all filter backwashes into the trash as required by the Compliance Permit.
Additionally, the Compliance Permit may allow for the drainage of de-chlorinated water
to the curb and gutter in accordance with the requirements of the Compliance Permit.
4. Failure to comply with this Section shall be unlawful and shall constitute a violation of
this Article.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.04, (I)
J. Screening
All swimming pool equipment shall be screened from the view of the public and from the
view of adjacent private properties.
K. Clarity of Water
1. The water in all swimming pools within the Town, public or private shall be of sufficient
clarity such that the bottom of the swimming pool is visible to the naked eye. In order
to help achieve this objective, each swimming pool shall have a minimum fee residual
chlorine of one (1) part per million.
2. In addition, no swimming pool water shall have an acid reaction to a standard pH test.
Town Council 24 of 109 Meeting Date: November 2, 2009
3. All pools shall be treated, altered or maintained so as to prevent the development of
unsanitary conditions.
4. Pools under construction or which are no longer being operated shall be maintained in
a manner so as to prevent the development of unsanitary conditions potential injury or
possible drowning.
5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There
shall be no direct physical connection between the sewer system and any drain from
the swimming pool or circulations system.
6. Alternative equivalent methods of wastewater disposal may be approved by the
Director of Community Development if the Director finds that the alternative method of
disposal proposed would not create a public health hazard or public nuisance or
violate any ordinance, state or federal law, rule or regulation. Wastewater disposal
which creates a public health hazard or public nuisance is prohibited.
L. Equipment
No pool equipment shall be placed within required or established front yard or within any
identified easement. Equipment necessary for or related to the operation of the pool shall
not be affixed to any required perimeter fence or common fences between property owners.
(Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, V, 6-20-05) Ord. No. 2007-16, §
II, 4-16-07, amended sections 15.01-15.08, Ord. No. 2008-22, § II, 8-18-08 amended section
15.04, (I)
Code of Ordinances Cross Reference: (Pool Permit Fees), Chapter 1, § 8.03; (Form Survey),
Chapter 3, § 2.01.
Town Council 25 of 109 Meeting Date: November 2, 2009
Section 15.05 Notice of Violation
A. In the event that any Person owning, claiming, occupying or having supervision or control of
any swimming pool within the corporate limits of the Town fails to comply with the provisions
of this Article, the Town shall give at least ten (10) days notice in writing to such person
identifying the provision of the Article violated and notifying the Person of the ten (10) day
period for remediation of the violation. Such notice shall be given:
1. Personally to the owner in writing; or
2. By letter addressed to the owner at the owner’s post office address or to the owner’s
address shown on the last approved tax rolls of the Town; or
3. If personal service cannot be obtained or the owner’s post office address is unknown;
a. By publication at least twice within ten (10) consecutive days; or
b. By posting the notice on or near the front door of each building to which the
violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on
the property to which the violation relates, if the property contains no building.
B. If the owner of property fails or refuses to comply with the provisions of this Article within ten
(10) days of notice of a violation, the Town may go upon such property and do so or cause
to be done the work necessary to obtain compliance with this Article, and may pay for the
work done or improvements made and charge the expenses incurred in doing or having
same done to the owner of such property.
C. The charges provided for in this Article shall be levied, assessed and collected by the Town
of Trophy Club, Texas. In the event the owner of said premises upon which work was done
and charges were incurred fails or refuses to pay such charges and expenses within thirty
(30) days after the first day of the month following the one in which the work was done, the
Mayor or his designee shall file or cause to be filed with the county clerk of Denton County,
a statement by the Town Secretary setting out the expenses that the Town has incurred
pursuant to the provisions of this Article, and the Mayor or his designee shall thereby perfect
a privileged lien on the property involved, second only to tax liens and liens for street
improvements to secure the expense incurred; together with ten percent (10%) interest from
the date such payment was due. For any such expenditures and interest, as aforesaid, suit
may be instituted and foreclosure had in the name of the Town of Trophy Club, and the
statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the
amount expended for any such work or improvements.
Ord. No. 2007-16, § II, 4-16-07, amended sections 15.01-15.08
Town Council 26 of 109 Meeting Date: November 2, 2009
Section 15.06 Abatement
A. The Town may abate without notice the following:
1. Any violation of the fencing requirements of this Article that adversely impacts the public health
and safety by any means by posing an immediate threat or hazard.
2. Unsanitary swimming pool water that adversely impacts the public health and safety by any
means by posing an immediate threat or hazard.
B. Not later than the tenth (10th) day after the date the Town abates the unsanitary swimming pool water
under this section, the Town shall give notice to the property owner in the manner required by Section
15.05(A).
C. The notice shall contain:
1. An identification, which is not required to be a legal description, of the property.
2. A description of the violations of this Article that occurred on the property.
3. A statement that the Town abated the unsanitary swimming pool water; and
4. An explanation of the property owner’s right to request an administrative hearing about the Town’s
abatement.
D. The Town Manager or the Manager’s designee shall conduct an administrative hearing on the
abatement under this section if, not later than the thirtieth (30th) day after the date of the abatement, the
property owner files with the Town a written request for a hearing.
E. An administrative hearing conducted under this section shall be conducted not later than the twentieth
(20th) day after the date a request for a hearing is filed. The owner may testify or present any witnesses
or written information relating to the Town’s abatement.
F. The Town may assess expenses and create liens under this section as it assesses expenses and
creates liens under other provisions of this Article.
G. The authority of the Town described by this section is in addition to the authority granted by Sections
15.05 and 15.08.
Ord. No. 2007-16, § II, 4-16-07, amended sections 15.01-15.08
Town Council 27 of 109 Meeting Date: November 2, 2009
Section 15.07Appeals
Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement
of this Article other than Section 15.06 by the Building Official shall have the right to appeal any
action of the Building Official taken pursuant to this Article. Any such appeal shall be brought, by
written application, filed by an interested party, to the Director of Community Development within
ten (10) days following the action of the Building Official, which is the subject of the appeal.
Enforcement of this Article shall be stayed pending such appeal, except that such appeal does
not stay the owner or applicant’s requirement to comply with temporary fencing regulations
specified herein or as specified by other applicable laws, during the appeal period. In hearing
such appeals, the Building Board of Appeals shall review the determination of the Building Official
and, in so doing, may consider whether or not the regulations and standards of this Article will, by
reason of exceptional circumstance or surroundings, constitute a practical difficulty or
unnecessary hardship. The decision of the Building Board of Appeals shall be final.
(Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, VI, 6-20-05) Ord. No. 2007-16, §
II, 4-16-07, amended sections 15.01-15.08
Code of Ordinances Cross Reference: (Building Board of Appeals), Chapter 3, § 3.04
Town Council 28 of 109 Meeting Date: November 2, 2009
Section 15.08 Penalty
It shall be unlawful for any person to violate any provision of this Article, 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.
(Ord. No. 95-12, § VIII, 7-18-95, Repealed by Ord. No. 2005-15, XI, 6-20-05) Ord. No. 2007-16, §
II, 4-16-07, amended sections 15.01-15.08
Town Council 29 of 109 Meeting Date: November 2, 2009
Chapter 13 – Zoning
Rev. 8/24/09
Section 5.03 Accessory Structures and Uses
An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the
main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Except as otherwise provided herein, and excluding pools and covers, accessory
structures less than one hundred twenty (120) square feet of floor area shall not require a
building permit. Storage/utility buildings, regardless of size shall require a permit on all
lots abutting public and private parks or the golf course.
Ord. No. 2006-34 P & Z § II revised Section (1)(a), 9-11-06, Ord. No. 2006-46 amended to revise (A)(1)(a),
11/20/06
b. The following structures and uses shall be permitted as accessory to the principal
structure provided that none shall be a source of income to the owner or user of the
principal single-family dwelling,
i. Detached private garage in connection with any use, provided that no such garage
shall face a golf course; and provided that any detached garage which faces a street
be located a minimum of forty-five feet (45’) from the front property line; and
provided, however, that the requirement that no such garage face any street shall
not apply where the rear yard of a lot abuts a street which is contiguous to the
perimeter of the Town, unless otherwise provided by ordinance.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi.
One Flag Pole less than twenty feet (20’) in height per residential lot; flagpoles are
allowed in the front yard but cannot be in Town right-of-way or in any identified
easements; and must be a minimum of six feet (6’) from rear and side lot lines.
Permissible flags are as defined in the Code of Ordinances, Chapter 5-General Land
Use, Article IV-Sign Regulations, Section 4.07.
Ord. No. 2009-09 P & Z § II revised Subsection A(1)(b)(vi), 5/18/09
vii. Tennis court/ Basketball court
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
Ord. No. 2006-34 P & Z § II, revised Section (1)(b)(ix), 9-18-06
c. In all residentially zoned districts, when any of the foregoing permitted residential
Town Council 30 of 109 Meeting Date: November 2, 2009
Chapter 13 – Zoning
Rev. 8/24/09
accessory uses are detached from the principal single-family dwelling, such accessory
uses shall be located, except flagpoles as defined in item “vi” above:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
Ord. No. 2009-09 P & Z § II revised Subsection A(1)(c), 5/18/09
d. Location: There shall be no accessory structures located in any front yard or side yards,
with the exception of a flag pole, as defined in item “vi” above. Accessory structures
erected ten (10) feet or closer to the principle building shall be considered to be attached
and part of the primary structure for calculating total square feet under roof and shall
comply with the setback lines established for that zoning district. If the total square feet
under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new
accessory structure must be protected with a sprinkler system. In a case where more than
one accessory structure is on the same lot, each structure shall have a minimum ten (10)
foot separation between them. A swimming pool is permitted to be located closer than ten
(10) feet to the principle building. If the waters edge of a swimming pool, or any accessory
structure that is excavated for foundation footing, is located six (6) feet or closer to the
primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity of the primary dwelling, will be
required at the time of plan submittal. Notwithstanding the foregoing, accessory structures
are only allowed if they comply with the zoning regulations in the district in which they are
located.
Ord. No. 2009-09 P & Z § II revised Subsection D, 5/18/09
e. Height Requirements / Screening Requirements:
i. Hard top pool covers shall not exceed four feet (4’) in height above the outside
perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one story in height,
the maximum height of one story not to exceed twenty feet (20’), except for
storage/utility structures which shall not exceed eight feet (8’) in height.
(Ord. No. 2009-20 P & Z, § II revised Subsection D.1.e.ii, 8/24/09)
iii. Accessory structures permitted in these districts shall not exceed one story in height,
the maximum height of one story not to exceed twenty feet (20’), except for
storage/utility structures which shall not exceed eight feet (8’) in height.
(Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06, Ord. 2008-24 § 2.02 - Amended
Subsection A.1.e., 9/8/08.)
B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be subject to the
following regulations. The following shall be permitted as accessory uses, provided that such use shall
be located not less than twenty feet (20’) from any street right-of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS Neighborhood
Service District: The following uses shall be permitted as accessory uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to a
residentially zoned district and not located between the front of the building and any street
right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly screened and
Town Council 31 of 109 Meeting Date: November 2, 2009
Chapter 13 – Zoning
Rev. 8/24/09
provided they conform to the standards set forth in Section 5.01, Temporary Uses.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The following structures
and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, and clearly incidental to the
structures, and which are allowed within the applicable Zoning District.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO- Professional Office
District: The following uses shall be permitted as accessory, provided that none shall be a
source of income to the owner or user of the principal use:
a. All other uses and structures which are customarily accessory, and clearly incidental to the
structures, and which are allowed within the applicable Zoning District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: There shall be no accessory structures located in any front yard or side yards, with the
exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet
or closer to the principle building shall be considered to be attached and part of the primary structure for
calculating total square feet under roof and shall comply with the setback lines established for that
zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq.
ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where
more than one accessory structure is on the same lot, each structure shall have a minimum ten (10)
foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to
the principle building. If the waters edge of a swimming pool, or any accessory structure that is
excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s
letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural
integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the
foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district
in which they are located.
Ord. 2008-24, § 2.03 - Amended Subsection D, 9/8/08.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted
as an accessory use in a residential district and shall be constructed so as to accommodate the
enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage, shall be
permitted as an accessory structure in a residential district, except as otherwise specifically
provided.
3. Any detached garage shall setback at least forty-five feet (45’) from the front property line of a
residential lot.
Town Council 32 of 109 Meeting Date: November 2, 2009
Chapter 13 – Zoning
Rev. 8/24/09
4. Corner lots may have detached garages facing a side street if they set back a minimum of thirty
five feet (35’) from the side street; however, no drive cuts will be allowed from any street
classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the regulations as
specified by the applicable zoning district. However, accessory structures that are normally
constructed in such a manner that masonry exterior surfaces are neither practical nor
appropriate are excluded from the masonry requirements, including but not be limited to gym
sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an
aluminum material so long as that material resembles wood-like construction and such material
has been approved by the Town’s Planning and Zoning Coordinator.
(Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) Ord. 2008-24, § 2.04 -
Amended Subsection F.1, 9/8/08.
G. Public Views:
1. Except as provided in Section F(1) above, all storage/utility buildings and greenhouses abutting
and viewable from public and private parks or golf courses shall be either screened so that they
are not visible from any of those locations, or alternatively shall be constructed of at least 80%
masonry materials. In order to meet the requirements of this section, one or more of the
following shall be met.
a. Live Screening
i. Live screening as specified in this Section shall be required. Live screening shall at no
time exceed the maximum height allowed for a fence in that zoning district.
b. Masonry Requirements
i. Alternatively, uses specified in this Section shall be constructed of at least eighty
percent (80%) masonry materials. The exterior surface shall match the main structure
to the greatest extent possible in materials and color.”
Ord. No. 2006-46 amended to revise to add a new Sections G, 11/20/06
Town Council 33 of 109 Meeting Date: November 2, 2009
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: September 22, 2009
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time:
September 30, 2009
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Wednesday, October 21, 2009
TOWN COUNCIL
Monday, November 2, 2009
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Wednesday, October 21, 2009, to consider changes to the
Comprehensive Zoning Ordinance, Chapter 3-Buildings and Construction, Article XV-
Swimming Pools, and Chapter 13-Zoning, Article V-Supplementary District Regulations,
including without limitation, amending and adopting new regulations affecting the
location of swimming pools.
The Town Council will hear the above item on Monday, November 2, 2009, in the
Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Town Council 34 of 109 Meeting Date: November 2, 2009
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF
THE TOWN, ENTITLED “BUILDINGS AND CONSTRUCTION”,
ARTICLE XV, ENTITLED “SWIMMING POOLS”, SECTION 15.04
ENTITLED “SWIMMING POOLS”, SUBSECTION H.
“LOCATION;” AND AMENDING CHAPTER 13 OF THE CODE
OF ORDINANCES OF THE TOWN, ENTITLED “ZONING”,
ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT
REGULATIONS”, SECTION 5.03 ENTITLED “ACCESSORY
STRUCTURES AND USES”, SUBSECTION A.1.d “LOCATION;”
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; 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
SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning & Zoning Commission, and the information and
other materials received at public hearing, the Town Council has concluded that
the amendments of this Ordinance are in the best interests of the Town of Trophy
Club, Texas, and of the public health, safety and general welfare; and
WHEREAS, as currently allowed in the Town’s Ordinance, swimming
pools may be located within the rear yard; and
WHEREAS, “within the rear yard” limits the location of swimming pools on
private property; and
WHEREAS, after review by the Town staff, who are charged with
maintaining safety and beautification standards, Staff recommends that the
Town’s Ordinance be amended to allow swimming pools in the side and rear
yard, not forward of the house, and at least six feet from any property line, and
shall not encroach upon any identified easement; and
Town Council 35 of 109 Meeting Date: November 2, 2009
WHEREAS, having determined that changing the regulations of
swimming pools in accordance with the provisions set forth below allows
improvements to property that beautify, increase enjoyment and add value to
property is an appropriate and beneficial governmental function, Council hereby
determines that the adoption of this Ordinance serves the health, safety and
welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Section 15.04, entitled “Swimming Pools”, of Article XV, entitled
“Swimming Pools” of Chapter 3, entitled “Buildings and Construction” of
the Code of Ordinances of the Town of Trophy Club, is hereby amended
as follows:
H. Location
1. All swimming pools, to include but not limited to kiddie and
wading pools, shall be located within the side and/or rear yard
and shall not encroach upon any identified easement.
2. Pools located in a side yard must be a minimum of twenty
(20) feet behind the front elevation of the primary structure.
3. The waters edge of the swimming pool must be at least six
(6) feet from any property line.
4. If the waters edge of the swimming pool is located closer
than six (6) feet to the primary dwelling, an engineer’s
letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity
of the primary dwelling, will be required at the time of plan
submittal.
Town Council 36 of 109 Meeting Date: November 2, 2009
2.02 Section 5.03, Entitled “Accessory Structures and Uses”, of Article V,
Entitled “Supplementary District Regulations” of Chapter 13, Entitled
“Zoning” of the Code of Ordinances of the Town of Trophy Club, is hereby
amended as follows:
d. Location:
1. There shall be no accessory structures located in any front yard or side
yards, with the exception of a flag pole, as defined in item “vi” above.
2. Accessory structures erected ten (10) feet or closer to the principle
building shall be considered to be attached and part of the primary
structure for calculating total square feet under roof and shall comply
with the setback lines established for that zoning district.
3. If the total square feet under roof (including said accessory structures)
exceed 7,500 sq. ft., then the entire new accessory structure must be
protected with a sprinkler system.
4. In a case where more than one accessory structure is on the same lot,
each structure shall have a minimum ten (10) foot separation between
them.
A swimming pool is permitted to be located closer than ten (10) feet to the
principle building. If the waters edge of a swimming pool, or any accessory
structure that is excavated for foundation footing, is located six (6) feet or
closer to the primary dwelling, an engineer’s letter, stamped by all
applicable engineers, stating the excavation will not in any way harm the
structural integrity of the primary dwelling, will be required at the time of
plan submittal.
5. Notwithstanding the foregoing, accessory structures are only allowed if
they comply with the zoning regulations in the district in which they are
located.
SECTION 3.
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 of this
Ordinance shall be fined, upon conviction, 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 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly
saved to any and all violations of the provisions of any Ordinance affecting
accessory structures and swimming pools which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all
Town Council 37 of 109 Meeting Date: November 2, 2009
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 5.
CUMULATIVE REPEALER
That 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. 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 such
Ordinance on the date of adoption of this Ordinance shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance
shall remain in full force and effect.
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 AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance as required by the Town Charter and state
law.
Town Council 38 of 109 Meeting Date: November 2, 2009
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage and publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 2nd day of November, 2009.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 39 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-430-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/7/2009 Town Council
On agenda:Final action:11/2/2009
Title:Public Hearing to consider an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned
Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to
lot size requirements, configuration and amenities for Neighborhood 8, an approximate 52.66 acre
tract, and other related miscellaneous changes to PD-27. (PD AMD 09 031)
Attachments:Council Staff Report.pdf
Application.pdf
Public Hearing - Newspaper.pdf
Property Owner Notification.pdf
Elevations.pdf
2009-XX P&Z Town Council 110209.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/21/2009 1
Town Council 40 of 109 Meeting Date: November 2, 2009
109-430-T Version:File #:
Title
Public Hearing to consider an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned Development District No.
27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to lot size requirements, configuration and
amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to PD-27. (PD
AMD 09 031)
Town Council 41 of 109 Meeting Date: November 2, 2009
TOWN COUNCIL
STAFF REPORT
November 2, 2009
Case No. PD AMD-09-031
Request to Amend PD-27,
Neighborhood 8; 52.66 acres located at
the southeast corner of Trophy Club
Drive and Trophy Park Drive
Public Hearing to Consider an Amendment to PD – Planned Development District
No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by
amending the regulations governing development of Neighborhood 8. Applicant:
BDMR Development, LLC Represented by Jacobs Engineering Group Inc.
(PD AMD-09-031)
OWNER: BDMR Development, LLC
1221 I-35 East, Suite 200
Carrollton, TX 75006
AGENT: Jacobs Engineering Group Inc.
7950 Elmbrook Drive
Dallas, TX 75247
CURRENT ZONING: PLANNED DEVELOPMENT NO. 27
Neighborhood 8
260 Townhomes
3,000 sq. ft. Minimum Lot Size
PROPOSED ZONING: PLANNED DEVELOPMENT NO. 27
Neighborhood 8
185 Single Family Homes
5,250 sq. ft. Minimum Lot Size
STAFF COMMENTS: Planned Development No. 27, Neighborhood 8 was granted
zoning approval in April 2007 as a gated community with 3,000 sq. ft. lots for
development of 260 Lot Type 5 single family attached (townhouse) dwellings.
The owner is requesting a zoning change for Neighborhood 8 to allow 185 single family
detached dwellings to be built on lot sizes of 5,250 square feet (minimum).
Town Council 42 of 109 Meeting Date: November 2, 2009
The specific changes to Planned Development No. 27 ordinance are summarized as
follows:
MAYOR AND COUNCIL MEMBERS: The changes to PD-27 are outlined in detail as a
redline document labeled ATTACHMENT A. This document is not included
electronically. It is a separate handout in your envelope.
Current Approved Regulations - Neighborhood 8
260 Single Family Attached (Townhouse) Dwellings
3,000 sq. ft. lots
Height: 40-ft. or two and one-half stories
Lot Coverage: 70%
Minimum Floor Area: 1,400 sq. ft. -- 70% must be minimum 1,600 sq. ft.
Front Yard: Alternate from 20-ft. to 23-ft. to 25-ft.
Rear Yard: 10-ft. minimum
Side Yard: 0
Side Yard Adjacent to Street: 10-ft. minimum
Lot Width: 30-ft. minimum
Lot Width Adjacent to Street: 35-ft. minimum
Lot Depth: 100-ft. minimum
Lot Depth (corner or cul-de-sac): 85-ft. minimum
Spacing Between Structures: 10-ft. minimum
Length of Structures: Maximum 6 units per structure. 30% shall be in a five
or six unit structure. 65% shall be in a four unit
structure.
Applicant Requested Changes to Regulations – Neighborhood 8
185 Single Family Detached Dwellings
5,250 sq. ft. minimum lot size
Height: 40-ft. or two stories
Lot Coverage: Lots Less than 6,000 sq. ft. – 50% lot coverage
Lots 6,000 or more sq. ft. – 60% lot coverage
Minimum Floor Area: 1,600 sq. ft.
Front Yard: 20-ft. minimum
Rear Yard: 20-ft. minimum
Side Yard: 5-ft.
Side Yard Adjacent to Street: SAME
Lot Width: 50-ft. minimum
Lot Width Adjacent to Street: 55-ft. minimum
Lot Depth: SAME
Lot Depth (corner or cul-de-sac): SAME
Spacing Between Structures: Deleted
Length of Structures: Deleted
Town Council 43 of 109 Meeting Date: November 2, 2009
Private, gated community removed. Public streets and common areas proposed.
Lap pool amenity center and putting green removed.
Special pavers at intersections removed.
Hike and Bike Trail/Cart path removed.
This will reduce the lots in PD-27 from 1,564 to 1,489 lots.
STAFF COMMENTS: The applicant’s request changes Neighborhood 8 from a private,
gated community of 260 townhomes to a residential neighborhood of single family
homes on public streets. There is an extensive common area planned along the east
side of the property bordering the Corps of Engineers property. This common area will
be owned and maintained by the Neighborhood 8 Homeowners Association. As this will
no longer be a private, gated community, the lap pool amenity center and putting green
have been removed from the PD as has the hike and bike trail/cart path. These
amenities would have been available only to Neighborhood 8 residents and do not
affect the Town Parks and Recreation future plans for trails and recreation facilities.
This request represents a down zoning of the property, moving from a higher density
residential to lower density residential, reducing the overall lots in this Planned
Development from 1,564 lots to 1,489 lots. No opposition to this request has been
received by staff. Some residents have indicated to staff a desire to downsize within
Trophy Club and would welcome the possibility of purchasing a smaller home on a
smaller lot. For these reasons, Staff recommends approval.
PUBLIC HEARING: Town of Trophy Club regulations require placement of a notice of
public hearing in the local newspaper 15 days prior to the hearing date. A notice was
published on September 30, 2009 for the October 21, 2009, P&Z meeting and
November 2, 2009 Council meeting.
Property owners within 200-ft. are notified of this zoning change request. Besides the
Owner and Agent for this request, there are four other property owners within 200-ft:
Beck Properties
U.S. Army Corps of Engineers
Donna Welsh
John Coleman
As of October 8, 2009, the Planning Department has not heard from Beck Properties or
the U.S. Army Corps of Engineers in regard to this request. Ms. Welsh and Mr.
Coleman have spoken to the Planning & Zoning Manager and have indicated support of
this request.
PLANNING AND ZONING COMMISSION RECOMMENDATION: On October 21,
2009, the Planning and Zoning Commission considered this item. The Commission
made the following motion:
Town Council 44 of 109 Meeting Date: November 2, 2009
Commissioner Sheridan made a motion recommending approval of changes to PD-27
for Neighborhood 8 as outlined on the attached redlined document, subject to the
following stipulations: (1) a masonry wall and landscaping along Trophy Club Drive and
Trophy Park Drive to match the other Highlands neighborhoods screening walls and
landscaping, and (2) define lot sizes. [These stipulations have been incorporated into
the redline document included in Council’s packet.]
Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Sheridan, Davidson
Nays: None
Action: 5-0, Approved
Attachments: Application
Public Hearing-Newspaper
Property Owner Notification
Sample (Concept) Elevations of Homes (3)
Ordinance 2009-XX P&Z
Planned Development No. 27 Revisions – Hardcopy Only
11 x 17 Concept Plan – Neighborhood 8 – Hardcopy Only
Town Council 45 of 109 Meeting Date: November 2, 2009
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: September 24, 2009
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time:
September 30, 2009
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Wednesday, October 21, 2009
TOWN COUNCIL
Monday, November 2, 2009
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Wednesday, October 21, 2009, to consider:
Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The
Highlands at Trophy Club, to delete, alter, and/or allow new lot size, configuration and
amenities for Neighborhood 8, an approximately 52.66 acre tract, and other
miscellaneous changes to PD-27 as related to this request as deemed necessary.
The Town Council will hear the above item on November 2, 2009, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Town Council 47 of 109 Meeting Date: November 2, 2009
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Town Council 51 of 109 Meeting Date: November 2, 2009
Town Council 52 of 109 Meeting Date: November 2, 2009
Town Council 53 of 109 Meeting Date: November 2, 2009
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD
PLANNED DEVELOPMENT NO. 27, THE SAME HAVING
AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING
AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY
ADOPTING THIS ORDINANCE TO REFLECT CHANGES TO
EXHIBIT “B” ENTITLED “DEVELOPMENT STANDARDS”,
EXHIBIT “C” ENTITLED “CONCEPT PLAN”, EXHIBIT “D”
ENTITLED “STREET TYPE EXHIBITS” AND EXHIBIT “F”
PATHWAY PLAN, PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING
APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE. (PD AMD-09-031)
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is
a Home Rule Municipality acting under its Charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z
amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No.
27, known as The Highlands at Trophy Club (hereinafter “PD No. 27”); and
WHEREAS, the Developer wishes to revise Neighborhood 8; and
WHEREAS, all legal notices, requirements and conditions having been
complied with, the case to amend PD No. 27 came before the Planning and
Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law
and public hearings were conducted, and after considering the information
submitted at those public hearings and all other relevant information and
materials, the Planning and Zoning Commission of the Town has recommended
Town Council 54 of 109 Meeting Date: November 2, 2009
to the Town Council the adoption of the amendments to Ordinance No. 2007-15
P&Z as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and
conditions, a public hearing was held before Town Council at which the Town
Council considered the proposed amendments and considered, among other
things, the impact of the proposed amendments on density, the character of the
land and its suitability for particular uses, with a view of encouraging the most
appropriate use of land in the Town, and does hereby find that the adoption of
the amendments hereby accomplishes such objectives; and
WHEREAS, the Town Council has determined that there is a necessity for
the amendments to Ordinance No. 2007-15 P&Z, and the Town Council has
determined that this Ordinance should be adopted, that the proposed change is
consistent with the Comprehensive Land Use Plan, and that the terms of this
Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z in
their entirety as specifically set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the
same being the Town's PD No. 27 is hereby amended as more particularly set
forth in Attachment A which is attached and incorporated hereto.
A. The following Sections of Exhibit “B” entitled “DEVELOPMENT
STANDARDS” are specifically amended:
1. Section III. DEFINITIONS
Page 19
Delete “Zero Lot Line” definition.
Delete “Townhome Structure” definition.
Town Council 55 of 109 Meeting Date: November 2, 2009
2. Section IV. LOT TYPE REGULATIONS
Pages 29-31
E. Lot Type 5
1. Revise “Purpose”
4. Revise “Height Regulations”
5. Revise “Lot Size”
Revise “Lot Coverage”
Revise “Minimum Floor Area”
Revise “Front Yard” and “Side Yard” setbacks
Revise Lot Widths
Delete “Spacing Between Structures” and “Length of
Structures”
6. Revise “Screening Regulations”
7. Delete Item No. 7 “Layout of Structures”
Revise Table No. 4-1 for Lot Type 5
3. Section V. NEIGHBORHOOD REGULATIONS
Page 34-35
Item H. Neighborhood 8
Revise number of lots.
Revise description of community and landscaping and screening
wall requirements.
Page 35
Item J. Neighborhood 9
Revise last paragraph to reflect new total number of lots in The
Highlands.
Town Council 56 of 109 Meeting Date: November 2, 2009
4. FIGURES
Page 36 - Replace entire page with new Conceptual Plan reflecting
185 single family lots.
Remove Page 37 – Figure No. 5-2
Remove Page 38 – Figure No. 5-3
Remove Page 39 – Figure No. 5-4
Revise Table No. 5-1, Neighborhood Lot and Density Summary to
reflect new figures based on revisions to Neighborhood 8.
5. Section VI. DEVELOPMENT AND DESIGN STANDARDS
A. Street Types
Remove Item No. 7. “Alley”
Delete “Residential Alley” from Table No. 6-1, Roadway Standards
F. Residential Architectural Standards
Item No. 6 Lighting.
Remove: “Homeowner alley lighting shall be located on garage
walls facing the alley, shall be directed in a downward direction,
and shall not exceed 100 watts.
Item No. 7 Franchise Utilities. Remove. (item states that all
franchise utilities shall be placed in the alley for Lot Type 5.)
Renumber Item 8 Elevations to Item No. 7. Add Lot Type 5.
6. Section VII. DEVELOPMENT SCHEDULE
Revise Total for Year 2015
B. Exhibit “C” entitled “CONCEPT PLAN” is removed and replaced in its
entirety [one page – Page 61] to reflect revised Neighborhood 8 plan.
Town Council 57 of 109 Meeting Date: November 2, 2009
C. Exhibit “D” entitled “STREET TYPE EXHIBITS” are specifically amended:
Page 62 – Remove “Alley”
Page 70 – Removed
D. Exhibit “F” entitled “PATHWAY PLAN” is removed and replaced in its
entirety [one page – Page 75] to reflect revised Neighborhood 8 plan.
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations
contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances and regulations of the Town.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the PD No. 27 and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town
of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase,
clause or word in this Ordinance or application thereof to any person or
circumstance is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares that it would have passed
such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Town Council 58 of 109 Meeting Date: November 2, 2009
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof
shall be fined, upon conviction, in an amount not more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish, the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption
and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 2nd day of November, 2009.
_____________________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
Town Council 59 of 109 Meeting Date: November 2, 2009
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
Town Council 60 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-429-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/7/2009 Town Council
On agenda:Final action:11/2/2009
Title:Consider and take appropriate action regarding an Ordinance amending Town of Trophy Club Code
of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter
13-Zoning, Article V-Supplementary District Regulations, affecting the location of swimming pools.
(ADM-09-005)
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission10/21/2009 1
Town Council 61 of 109 Meeting Date: November 2, 2009
109-429-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance amending Town of Trophy Club Code of Ordinances,
Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article V-Supplementary
District Regulations, affecting the location of swimming pools. (ADM-09-005)
Town Council 62 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-431-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/7/2009 Town Council
On agenda:Final action:11/2/2009
Title:Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-15 P&Z,
PD Planned Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow
changes to lot size requirements, configuration and amenities for Neighborhood 8, an approximate
52.66 acre tract, and other related miscellaneous changes to PD-27. (PD AMD 09 031)
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission10/21/2009 1
Town Council 63 of 109 Meeting Date: November 2, 2009
109-431-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned
Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to lot size
requirements, configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related
miscellaneous changes to PD-27. (PD AMD 09 031)
Town Council 64 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-451-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/22/2009 Town Council
On agenda:Final action:11/2/2009
Title:Consider and take appropriate action regarding financial and variance report dated: a. August 2009
and September 2009
Attachments:August 2009 - Town and Trophy Club Park Monthly Financial Statements.pdf
September 2009 - Preliminary Monthly Financial Statements.pdf
Action ByDate Action ResultVer.
Town Council 65 of 109 Meeting Date: November 2, 2009
109-451-T Version:File #:
Title
Consider and take appropriate action regarding financial and variance report dated: a. August 2009 and September 2009
Body
The August and September, 2009 monthly financial reports are presented in a format that provides the comparison of
monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an
explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the
percent of the fiscal year lapsed.
Management recommends approval.
Town Council 66 of 109 Meeting Date: November 2, 2009
Town Council 67 of 109 Meeting Date: November 2, 2009
Town Council 68 of 109 Meeting Date: November 2, 2009
Town Council 69 of 109 Meeting Date: November 2, 2009
Town Council 70 of 109 Meeting Date: November 2, 2009
Town Council 71 of 109 Meeting Date: November 2, 2009
Town Council 72 of 109 Meeting Date: November 2, 2009
Town Council 73 of 109 Meeting Date: November 2, 2009
Town Council 74 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-444 Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2009 Town Council
On agenda:Final action:10/19/2009
Title:Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the
offense of using cell phones in school zones.
Attachments:Excerpt from 10-19-09 Meeting.pdf
HB55.pdf
Action ByDate Action ResultVer.
Town Council 75 of 109 Meeting Date: November 2, 2009
109-444 Version:File #:
Title
Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the offense of using cell
phones in school zones.
Body
Staff is requesting Council's direction regarding the installation of signage required for enforcement of the new law. The
cost for signage is approximately $550.00.
As requested by Council at their October 19, 2009 meeting, the online survey was implemented on the Town's website on
Friday, October 23.
Town Council 76 of 109 Meeting Date: November 2, 2009
11. 09-444-T Consider and take appropriate action regarding the enforcement of House Bill
No. 55 relating to the offense of using cell phones in school zones.
Staff is requesting Council's direction regarding installation of signage. The cost for signage is
approximately $550.00. Assistant Town Manager stated that in order to enforce House Bill No.
55, signage has to be posted in order to enforce.
Council member Edstrom recalled that Council did not support this the first time it came before
Council.
Council member Sterling does not support enforcement. The distraction is not having the cell to
your ear; it is the conversation and dialing the phone. Enforcement places unnecessary burden
on the Police Department.
John Tharpe, 1120 Wilshire - Questioned the possibility of posting signs reminding people of the
school zone, and not the State regulated signs.
Council member Wilson agreed with Mr. Tharpe and that a power positive suggestion may have a
greater effect. Wilson feels Council needs to take some sort of action.
Police Chief Kniffen acknowledged that two hands on the wheel is the safest way to drive,
however, the Police cannot cite people for drinking coffee, smoking or eating while driving.
Kniffen confirmed that should the Town post signs compliant with State regulations, the Police
would have to enforce. However, they would not have to enforce if the signs were only power
positive suggestion signs.
Mayor White stated that the entire Council is concerned about the safety and welfare of the
children and is trying to determine the best course of action.
Pearl Ford, 2 Spring Creek Court – Admitted biasness based on an accident she was involved in
as the person who hit her was on the phone, and suggested power positive suggestion signs to
start. If necessary the Council would later implement the State regulated signs.
Council member Edstrom suggested Staff contact the schools to determine their preference.
Edstrom confirmed that power positive suggestion signs cost double the enforcement signs and
suggested using the money to send notices reminding people to be safe in school zones.
Motion made by Sterling not to approve the enforcement of House Bill No. 55 relating to the
offense of using cell phones in school zones.
Motion failed for lack of a second.
Mayor Pro Tem Strother questioned if it would be mandatory for an officer to monitor the school
zones if the signs are posted in compliance with State regulations. Chief Kniffen explained that it
would not be necessary for the Police to patrol the school zones, however they would have they
same obligation to enforce the statue, and use their discretion when issuing a citation.
Motion made by Strother, seconded by Edstrom to table until the next available agenda and until
further research can be done by staff.
Assistant Town Manager Seidel said he would contact NISD to discuss.
Motion passed 5:1, with Sterling opposing.
Town Council 77 of 109 Meeting Date: November 2, 2009
Town Council 78 of 109 Meeting Date: November 2, 2009
Town Council 79 of 109 Meeting Date: November 2, 2009
Town Council 80 of 109 Meeting Date: November 2, 2009
Town Council 81 of 109 Meeting Date: November 2, 2009
Town Council 82 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-312-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/7/2009 Town Council
On agenda:Final action:11/2/2009
Title:Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by
adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction,
requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date.
Attachments:312 Minutes Excerpt from 10-19-09..pdf
Staff Report.pdf
Hotel Maintenance Ordinance 2009-28.pdf
Action ByDate Action ResultVer.
Town Council8/17/2009 1
Town Council 83 of 109 Meeting Date: November 2, 2009
109-312-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII,
entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing
Standards for Permit Holders, and Providing an effective date.
Body
The revisions suggested by Council at their October 19, 2009 have been made to the Ordinance.
Staff recommends approval.
Town Council 84 of 109 Meeting Date: November 2, 2009
9. 09-312-T Consider and take appropriate action regarding an Ordinance amending the
Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3,
entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards
for Permit Holders, and Providing an effective date.
Staff made revisions to the Ordinance as suggested by the Council at their September 28, 2009
meeting.
Mayor White questioned if the mechanical ventilation requirements are consistent with green
standards and if once a year insect treatment is enough. Assistant Town Manager said that the
mechanical ventilation requirements follow the International Building Code that the Town adopted
and that once a year insect treatment is all the Town has to monitor.
Council suggested revisions to Sections I, Guest Room or Rooms, J, Hot Water and K, Hotel and
requested the effective date as January 1st.
This Item will be brought back at the November 2, 2009 Council meeting.
Town Council 85 of 109 Meeting Date: November 2, 2009
TOWN COUNCIL
STAFF REPORT
November 2, 2009
Ordinance No. 2009-28
Hotel Regulations
SUBJECT: Consider and take appropriate action regarding changes to the Town
of Trophy Club Code of Ordinances, Adding Article XVII, Entitled
“Hotel Regulations” to Chapter 3-Buildings and Construction,
including without limitation, amending and adopting new regulations
affecting hotel maintenance.
The Hotel Regulations ordinance has been revised as requested by Council.
1) “Putrescible” (putrid) waste contains items that smell as they begin to rot and
decompose; for instance, food or dead animals.
“Non-putrescible” waste contains items that, in general, are not stinky as they
decompose; for instance, paper or wood.
Putrescible and non-putrescible have been changed to “putrid” and “non-putrid” in
the ordinance.
2) The requirements for ventilation in guest rooms are not part of green standards. If
a green hotel is built in Town, the property maintenance requirements would not
differ from a “non-green” built hotel. Both are subject to the property maintenance
requirements outlined in this ordinance, which, as noted by Assistant Town
Manager, Stephen Seidel at the October 19, 2009 Council meeting, adhere to the
2003 International Building Codes adopted by the Town.
3) The building code requires insect treatment only if an infestation occurs. The Town
ordinance raises the building code minimum by requiring once a year treatment.
4) The building inspector performs an inspection and if the inspection does not pass, a
“red tag” will be left for the Hotel Manager noting the item(s) needing correction. The
Hotel Manager corrects the item(s) and then calls the Town Permit Inspection Office
to schedule a reinspection. When reinspecting, if the Inspector finds that the item(s)
have not been adequately corrected to pass inspection, the inspection fails and a
reinspection fee is assessed at that time which must be paid at the Town Permit
Inspection Office before the inspector will come out to do a second reinspection.
Town Council 86 of 109 Meeting Date: November 2, 2009
5) Pro-rating. Hotel Permit fees (application fee plus per Guest Room fee) are not
assessed when the initial Hotel Permit is issued with the Certificate of Occupancy. A
hotel pays for a hotel permit (both the permit fee and per guest room fee) at the time
of annual renewal. Clarification has been added to Item G. of Section 17.02.
6) “Water Heating Equipment” (I) and “Cooling Facilities Required” (L) of Section
17.04 have been revised as requested.
7) Effective date remains tied to its date of passage and publication. By the terms of
the Ordinance, the permit is effective from January 1 to December 1 of each year,
and the hotel owners are required to annually make application at least two months
in advance of the December expiration date for the upcoming year, so if the permit
becomes effective in January and the ordinance requires a hotel to make application
at least two months in advance of the expiration of the permit, it is necessary for the
ordinance to take effect now so that permits can be issued in January, 2010.
ch/ck
Attachment: Ordinance 2009-28
Town Council 87 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVII, ENTITLED “HOTEL
REGULATIONS”, TO CHAPTER 3 ENTITLED “BUILDINGS AND
CONSTRUCTION” REQUIRING HOTEL PERMITTING AND PROVIDING
STANDARDS FOR HOTEL PERMIT HOLDERS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION
OF ARTICLE XVII AS AN ADDITION TO CHAPTER 3 OF THE CODE
OF ORDINANCES BY PROVIDING DEFINITIONS; REQUIRING A
HOTEL PERMIT; PROVIDING GUEST REGISTRATION
REQUIREMENTS; PROVIDING HOTEL PERMIT STANDARDS;
PROVIDING REGULATIONS FOR INSPECTIONS, REINSPECTIONS
AND CERTIFICATES OF OCCUPANCY; PROVIDING FOR APPEALS;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION AND A SEPARATE
OFFENSE SHALL EXIST FOR EACH DAY OR PART OF A DAY THAT
A VIOLATION EXISTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, is a home rule Town 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, Chapter 341 of the Texas Health and Safety Code (the "Code")
establishes minimum standards of sanitation and health protection within certain
industries; and
WHEREAS, Section 341.081 of the Code and Section 51.072 of the Local
Government Code permit a home-rule municipality to enact equivalent or more stringent
standards than those set forth in Chapter 341 of the Code; and
WHEREAS, the Town Council desires to amend Chapter 3 of the Town Code of
Ordinances by adopting Article XVII requiring a Hotel Permit for all hotels (as defined
herein) operated in the Town of Trophy Club and to enact more stringent standards than
those set forth in Chapter 341 of the Code for the purpose of promoting the public
health, safety, and welfare.
Town Council 88 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
WHEREAS, the Town Council has determined that the regulations set forth
below and adopted as Article XVII of Chapter 3 of the Code of Ordinances of the Town
serves the health, safety and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Chapter 3 entitled “Buildings and Construction” of the Code of Ordinances of the
Town of Trophy Club is hereby amended to add Article XVII entitled “Hotel
Regulations” so that Article XVII of Chapter 3 of the Code of Ordinances of the
Town shall be and read in its entirety as follows:
“Article XVII
Hotel Regulations
Section 17.01 Definitions
For the purpose of this Article, the following words and phrases have the
meanings respectively ascribed to them by this Section:
A. Bathroom: An enclosed space or spaces containing one or more
toilets, lavatories, bathtubs, showers, or any combination of fixtures serving
similar purposes.
B. Building Codes: All International or Uniform Codes and local
amendments thereto adopted by the Town of Trophy Club as part of the
Town’s Code of Ordinances, including without limitation, the National
Electric Code, International Building Code, International Fire Code,
International Mechanical Code, International Plumbing Code, and
International Fuel Gas and Energy Conservation Code, which were in
effect at the time of construction of the building in question.
C. Building Official: The Chief Building Official of the Town or his
designated representative.
D. Certificate of Occupancy: A certificate issued by the Building Official
authorizing occupancy.
Town Council 89 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
E. Designee: The Town Manager's designee or delegated staff or duly
authorized representative of the Town. This term shall include, but is not
limited to Code Enforcement Officers, Building Official, Fire Inspector,
Health Officer, employee of Department of Community Development and
other authorized departments of the Town.
F. Extermination: The control and elimination of insects, rodents, and
vermin.
G. Garbage: Refuse, animal or vegetable wastes (as from a kitchen or
food processing facility), ashes, or other household waste which is damp or
capable of emitting odors.
H. Guest: Any person hiring or occupying a room for sleeping purposes
in a hotel.
I. Guest Room or Rooms: Any room or rooms used or intended for use
by a guest for sleeping purposes in a Hotel, including single rooms and
suites.
J. Hot Water: Water supplied to plumbing fixtures at a temperature of
not less than 110 degrees Fahrenheit.
K. Hotel: Any building containing Guest Rooms in which members of the
public obtain sleeping accommodations for consideration. The term
includes a hotel, Motel, lodging house, rooming house, tourist court, bed
and breakfast, or inn in the Town having six (6) or more Rooms where
transient Guests are fed or lodged for pay.
L. Hotel Room or Room(s): Shall mean Guest Room or Rooms as
defined in this section.
M. Infestation: The presence within or contiguous to a dwelling unit of
insects, rodents, vermin or other pests.
N. Let or Let for Occupancy: To permit, provide or offer possession or
occupancy of a Hotel Room, dwelling unit, rooming unit, building, premise
or structure by a person who is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license.
O. Litter: Garbage, Refuse, Rubbish, and all other waste material
deposited on the ground or in any place other than in an approved garbage
receptacle.
Town Council 90 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
P. Manager: Any person who manages the business operations of any
Hotel, whether a resident manager or general property manager, whose
duties may include the collection of nightly charges, issuing of keys,
direction of maintenance and other personnel, assigning of Rooms to
Guests, handling guest affairs, and/or overseeing security in addition to
other general duties involved with operating a Hotel.
Q. Motel: Shall mean Hotel as defined in this section.
R. Occupant: Any person sleeping, eating in, or having actual
possession of a Guest Room.
S. Operator: Any Person who is the proprietor of any Hotel whether in
the capacity of the owner, lessee, receiver, sub-lessee, franchisee,
mortgagee in possession, or the agent of any of the aforementioned, who
offers or accepts payment for Rooms, Guest Rooms, sleeping
accommodations, or board and lodging, and retains the right of access to,
and control of the dwelling units or Room(s).
T. Owner: Any Person having a legal or equitable interest in the Hotel
property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of
the property, including the agent or representative of any such person, the
guardian of the estate of any such Person, and/or the executor or
administrator of the estate of such Person if ordered to take possession of
real property by a court.
U. Permit Department: The department operated and maintained by the
Town of Trophy Club that is responsible for acceptance and review of
permit applications and the issuance of permits.
V. Person or Persons: An individual, corporation, nonprofit corporation,
association, church, organization, society, joint venture, or any other legal
entity, including their employees, contractors, agents, members, heirs,
executors, administrators, assigns and representatives.
W. Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks,
laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste
sewer pipes and sewage systems, septic tanks, drains, vents, traps, and
any other fuel-burning or water-using fixtures and appliances, private fire
hydrants, and all connections to water, waste, sewer, or gas pipes.
X. Potable Water: Water duly approved as satisfactory and safe for
drinking by the water utility department serving the Town.
Town Council 91 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
Y. Refuse: All putrescible putrid and nonputrescible nonputrid solid
waste (except body waste) including, but not limited to, Garbage, Rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and solid
market and industrial wastes.
Z. Rubbish: Nonputrescible Nonputrid solid waste consisting of either
combustible or noncombustible wastes, such as paper, wrapping,
cigarettes, cardboard, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
AA. Substandard Building: A building which, by reason of faulty
construction, age, or lack of maintenance or repair, fails to meet the
minimum property standards imposed by applicable provisions of the state
and local regulations, including without limitation, the Town’s ordinances
regulating buildings and the International Property Maintenance Code, as
amended.
BB. Utility Company: The entity providing gas, electric service, water or
sanitary sewer to a Hotel.
Section 17.02 Hotel Permit
A. It shall be unlawful for any Person to own, operate, manage or
maintain a Hotel in the Town of Trophy Club without a current and valid
Hotel Permit having been issued for said Hotel. Any Person owning,
operating, managing or maintaining a Hotel at more than one location shall
obtain a Hotel Permit for each separate location.
B. The annual fee for a Hotel Permit shall be Seventy-Five Dollars
($75.00) plus Ten Dollars ($10.00) per Guest Room, or as otherwise set
forth in the Town’s Fee Ordinance. In the event of a conflict between this
Article and the Town’s Fee Ordinance, the latter shall control.
C. An applicant for a Hotel Permit shall file with the Permit Department a
written application upon a Town form provided for that purpose. Such
application shall be signed by either the Owner, or the Manager of the
Hotel for which the Permit is sought. Should a Person own a Hotel at more
than one (1) location, a separate application shall be filed for each location.
The following information shall be required in the application:
1. Trade Name of Hotel
2. Address of Hotel
3. Telephone Number of Hotel
4. Name of Owner
5. Address of Owner
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Town Council 92 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
6. Telephone number of: (1) non-resident owner, (2) property manager
and/or resident manager, (3) mortgagee (if there is a mortgage
against property)
7. Names and addresses of all registered agents in case the parties
above named are corporations
8. Number of rooms, broken down as to number of suites, king, queen,
or other designations
D. An Owner of a Hotel shall also provide the Permit Department with a
list of any and all trade names under which such Owner operates.
E. The Building Official may, at any time, require the Owner or Manager
to provide additional information that the Building Official determines
reasonably necessary to clarify items or supplement information provided
on the application for Hotel Permit.
F. A Hotel Permit shall be effective from January 1 to December 31 of
each calendar year. The Owner or Manager of a Hotel shall apply for a
new Hotel Permit each calendar year, completing a new application and
obtaining a new Hotel Permit within two months prior to the expiration of
the existing Hotel Permit.
G. In the event that a new Hotel is constructed, the Owner or Manager
shall submit an application for a Hotel Permit at the same time that a
Certificate of Occupancy application is submitted. A final inspection for
Certificate of Occupancy will not be completed until an application for a
Hotel Permit has been submitted and reviewed. Upon approval of the final
inspection for the new Hotel, the Certificate of Occupancy and Hotel Permit
shall then be issued. Hotel Permit fees are not collected for the initial Hotel
Permit issued with the Certificate of Occupancy. Hotel Permit fees are
collected when the Owner or Manager of the Hotel applies for a new Hotel
Permit each calendar year.
H. Upon a change in ownership of a Hotel, a new Certificate of
Occupancy must be obtained within thirty (30) days of such change of
ownership by filling out the appropriate application and paying the
appropriate fee to the Permit Department at the Town of Trophy Club
municipal offices. Once processed, the Building Official will inspect the
Hotel, and upon approval of the Certificate of Occupancy inspection, shall
transfer the Hotel Permit to the new Owner. The new Owner must apply
for each subsequent annual Hotel Permit in accordance with the timeline
set forth in Subsection F above.
I. The Owner shall also notify the Town in writing of a change of
Manager within thirty (30) days of the date of such change.
Deleted:
Town Council 93 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
J. A Hotel Permit issued pursuant to this Article shall be posted and
displayed in the Hotel in a conspicuous place to which guests have access.
K. A replacement Hotel Permit may be issued for one lost, destroyed or
mutilated upon application on the form provided by the Permit Department.
A replacement Hotel Permit shall have the word “Replacement” stamped
across its face and shall bear the same number as the one it replaces.
L. A Hotel Permit is neither assignable nor transferable except where
such transfer is approved by the Town in conjunction with the issuance of a
new Certificate of Occupancy and approved inspection granted to a new
Owner.
Section 17.03 Guest Registration Requirements
A. Each Owner, Operator, or Manager shall cause to be maintained a
complete register for each Person to whom any Room at a Hotel is let. The
register shall be made available to the Building Official upon request and
shall contain the following information for guests of the Hotel:
1. Correct name and permanent address, designating street and
number, city, state and country;
2. Actual dates of occupancy indicating check-in-time, checkout time
and room number;
3. Number of individuals staying in the room.
B. Register records shall be maintained for a period of two (2) years for
each Person who lets any Room at a Hotel.
Section 17.04 Hotel Permit Standards
It shall be a violation of this Article for an Owner, Operator, or Manager to
recklessly cause, allow, suffer or permit a violation of any one or more of
the following provisions of this Article and to fail to remedy such violation in
accordance with a written notice issued by the Building Official:
A. The Hotel premises, including without limitation all common interior
areas and all exterior areas, and all Hotel Rooms shall comply with all
applicable state laws and Town ordinances, including without limitation, all
Building Codes, health, zoning and other applicable Codes and all
requirements imposed by this Article.
B. Protection of Materials. All wood shall be protected against termite
damage and decay as provided in the Code of Ordinances of the Town.
Town Council 94 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
C. Ventilation in Guest Rooms. All Guest Rooms shall be provided with
either natural ventilation or mechanical ventilation that meets or exceeds
the following criteria:
1. Natural Ventilation. All Guest Rooms shall be provided with natural
ventilation by means of screened exterior openings which are capable
of being opened. Such openings shall have an area of not less than
one-twentieth (1/20) of the floor area of the Guest Room with a
minimum of five (5) square feet; or
2. Mechanical Ventilation. If a mechanical ventilation system is provided
in lieu of natural ventilation the ventilation system shall be capable of
providing two (2) air changes per hour in all Guest Rooms and in public
corridors. One-fifth (1/5) of the air supply shall be taken from outside of
the Hotel.
D. Ventilation in Other Areas. In Bathrooms, water closet compartments,
laundry rooms and similar rooms a mechanical ventilation system
connected directly to the outside, capable of providing five (5) air changes
per hour, shall be provided.
E. Bathroom Requirement, Conditions, and Cleanliness. Every Guest
Room shall be provided with a bathroom equipped with facilities consisting
of at least a toilet, a sink, and either a bathtub or a shower. All bathroom
fixtures (e.g. toilet, bathtub, sink, shower, mirror) shall be maintained
without cracks, chips, or stains. Floors shall be washed with water and a
sanitizer at change of occupancy or at least once a week when occupancy
does not change. Daily cleaning schedules shall be in writing and
maintained in the Manager's office.
F. Room Separation. Every water closet, bathtub or shower required by
this Article shall be installed in a Room which will afford privacy to the
Occupant. A Room in which a water closet is located shall be separated
from food preparation or storage rooms by a tight-fitting, self-closing door.
G. Plumbing Requirements. All plumbing fixtures shall be connected to a
sanitary sewer or to an approved private sewage disposal system. All
plumbing fixtures shall be connected to an approved system of potable
water supply and provided with hot and cold running water necessary for its
normal operation. All plumbing fixtures shall be of an approved glazed
earthenware type, stainless steel, or of a similarly nonabsorbent material.
Wooden sinks or sinks of similarly absorbent material shall not be
permitted.
H. Installation and Maintenance. All sanitary facilities shall be installed
and maintained in safe and sanitary condition and in accordance with all
applicable laws. The Owner or Operator shall ensure that water service is
Town Council 95 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
provided at all times. It is an affirmative defense to this section that it is
impossible to provide water services because of an act of God.
I. Water Heating Equipment. Every Guest Room shall be equipped with
The Hotel water heating system equipment and facilities which shall be
maintained in good working order, which shall be connected with Utility
Company water lines and shall be capable of heating water to such a
temperature as to permit at all times an adequate supply of Hot Water to be
drawn at every sink, lavatory basin, and bathtub or shower at a
temperature of not less than one hundred ten (110) degrees Fahrenheit.
J. Egress Required. In all lodging establishments, there shall be provided
a safe and unobstructed means of egress leading to safe and open space
at ground level. When an unsafe condition exists through lack of, or
improper location of exits, the Building Official, Health Inspector, or Fire
Inspector, or their respective designee may require the Owner to install
additional exits.
K. Heating Facilities Required. Every Guest Room shall be equipped with
heating facilities which are capable of safely and adequately heating all
Rooms and habitable areas to a temperature of at least sixty-eight (68)
degrees Fahrenheit at a distance of three (3) feet above floor level which
are operable whenever necessary to maintain said temperature.
L. Cooling Facilities Required. Every Guest Room shall be equipped with
cooling facilities which are capable of safely and adequately cooling all
Rooms and habitable areas to a temperature of at least Eighty (80)
degrees Fahrenheit at a distance of three (3) feet above floor level which
are operable whenever necessary to maintain said temperature.
M. Heating Appliance Requirements. Where fuel burning appliances are
installed and properly vented, said appliances shall be rigidly connected to
their fuel supply outlets and securely installed to avoid accidental
displacement. Heating appliances which are connected to their fuel supply
lines and which are not connected to exhaust vents that will safely exhaust
carbon monoxide fumes to the outdoors are prohibited. No person shall
replace an existing appliance without first obtaining the proper permit(s)
issued by the Permit Department and without allowing the work to be
inspected by the Building Official if a permit for that work is required.
N. Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes,
rips or odors in excess of normal wear and tear, and maintained in a
sanitary, non-defective condition.
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Town Council 96 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
O. Floor Condition/Cleanliness. Non-carpeted floor surfaces shall be
made of nonabsorbent material. All surfaces and tile grouting shall be
maintained without cracks, rips or missing elements.
P. Wall Condition/Cleanliness. Wall and ceiling surfaces shall be
maintained without spots, stains, flakes, chips, holes. etc., and be
maintained in a clean and sanitary condition.
Q. Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures
shall be free from mold and mildew.
R. Electrical Equipment. For the purpose of this Article, electrical
equipment shall include furniture items installed by the Owner, Operator or
Manager, including televisions, lamps, etc. All electrical items must be
properly maintained and must be in operable condition.
S. Furniture Condition. All furniture items shall be maintained in proper
working condition, without defects, chips, holes, etc.
T. Shades, draperies or blinds shall be appropriately hung to cover all
windows and appropriate light fixtures. All shades, draperies, blinds, shall
be free of stains, holes, rips or odors in excess of normal wear and tear,
and shall be maintained in a sanitary, non-defective condition.
U. Sanitation. All Hotel Rooms shall be thoroughly cleaned and provided
with clean and sanitary sheets, towels and pillowcases upon a change of
occupancy, or at least once a week when occupancy does not change.
Daily cleaning schedules shall be in writing and shall be maintained in the
Manager’s office.
V. General Conditions. The exterior and interior Hotel premises shall at
all times be maintained in a good condition free from Rubbish, Garbage,
Refuse, and Litter.
W. Windows. All windows designed to be opened shall be operable and
have an operable window security or locking device. All window panes
shall be properly maintained and not broken.
X. Door locks. All Rooms are required to be outfitted with exterior
electronic/magnetic locks for guests to gain access to their rooms or by
locks that meet with the approval of the Building Official. All locks must
comply with state and local laws.
Y. Security bars. If any security bars are installed over windows or doors,
the bars shall be equipped with approved release mechanisms which are
operable from inside the Room without the use of a key, card, or
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Ordinance 2009-28
combination. The release mechanisms for such bars shall not require any
special knowledge or effort to operate.
Z. Wells. All wells, cesspools, and cisterns shall be securely covered or
securely closed.
AA. Sidewalks, etc. All sidewalks, ramps, bridges, parking lots, stairs and
steps shall be properly maintained and shall comply with applicable Town
Ordinances.
BB. Fences. All fences and screening fences shall be properly maintained
and shall comply with applicable Town ordinances.
CC. Parking Lots. All parking lots shall be properly maintained and shall
comply with applicable Town Ordinances. All parking markings and fire
lane markings shall be legible and maintained in accordance with
applicable laws. An Owner or Operator shall ensure that Guests do not use
parking lots or Hotel premises for the storage of heavy load, tractor trailers,
or heavy equipment.
DD. Insect Treatment Required. All Hotel premises shall be free from
Infestation and shall be treated for the extermination of insects at least
once a year by a State of Texas licensed exterminator.
EE. Rodent, Insects, and Vermin. All Hotel premises shall be maintained
so that they are free from Infestation of rodents, insects, and vermin and
free from conditions that encourage or harbor rodents, insects, and vermin.
Section 17.05 Inspections, Re-inspections and Certificate of
Occupancy
A. The Owner, Operator, and Manager as a condition to the issuance of
the annual Hotel Permit required by this Article, shall consent and agree to
permit and allow the Town’s Building Official to make the following
inspections of the Hotel when and as needed to ensure compliance with
this Article:
1. Right and access to inspect all portions of the Hotel premises and
structures located on the Hotel premises that are not Guest Rooms.
This includes all storage areas, community buildings, swimming pools,
athletic facilities, club rooms, equipment rooms and all other portions of
the facilities not constructed as Guest Rooms, upon reasonable advance
verbal or written notice being given to the Owner, Operator or Manager.
2. Right and access to inspect all unoccupied Guest Rooms upon giving
reasonable verbal or written notice to the Owner, Operator or Manager.
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Ordinance 2009-28
3. Right and access to inspect all occupied Guest Rooms when, upon
receipt of reliable information, the Building Official has reason to believe
that violations of the Code of Ordinances of the Town or State law exist
that involve serious threats to life, safety, health and property.
4. Annually, the Owner, Operator or Manager shall make all Guest Rooms
in the Hotel available for inspection by the Building Official. The Building
Official and the Owner, Operator and Manager shall agree on a
reasonable date and time for each annual inspection. In the event the
parties cannot agree on an inspection time, said annual inspection shall
occur within fourteen (14) days of the anniversary date of the application
for the Hotel Permit.
B. The Building Official, may enforce the provisions of the Article, upon
presentation of proper identification to the Occupant in charge of any unit,
and may enter, with the Occupant’s permission, any Guest Rooms
between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in
cases of emergency where extreme hazards are known to exist which may
involve imminent injury to persons, loss of life or severe property damage,
the Building Official may enter the aforementioned Guest Rooms at any
time and the requirement for presentation of identification and the
Occupant’s permission shall not apply. Whenever the Building Official is
denied admission to inspect any Guest Room or Hotel premises under this
provision, inspection shall be made only under authority of a warrant issued
by a magistrate authorizing the inspection. In applying for such a warrant,
the Building Official shall submit to the magistrate an affidavit setting forth
his belief that a violation of this Article exists with respect to the place
sought to be inspected and the reasons for such belief. Upon a finding of
probable cause by a magistrate, a warrant shall issue, and such warrant
shall constitute authority for the Building Official to enter upon and inspect
the Hotel premises or portion thereof described therein.
C. In the event any of the inspections authorized in this Article require a
second reinspection due to noted violations, a $47.00 (Forty-Seven Dollar)
reinspection fee or such other reinspection fee as designated in the Fee
Schedule adopted by the Town shall be paid prior to the second
reinspection. In the event of a conflict in the amount due specified under
this Article and the Town’s Fee Schedule, the amount set forth in the
Town’s Fee Schedule shall control.
D. Certificate of Occupancy / Non Exclusive Remedies
If the Owner, Operator or Manager fail to comply with the terms of this
Article within thirty (30) days after receipt of written notice from the Building
Official setting out the number and nature of violations of this Article and/or
state law and the time allowed to rectify such violations, the Owner’s
Town Council 99 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
Certificate of Occupancy may be revoked and the Hotel Permit authorized
by this Article may be cancelled. Failure to comply may also result in the
Owner, Operator, or Manager being issued Class C Misdemeanor citations
for such violations in accordance with Section 17.07 of this Article.
Additionally, the Building Official may notify any and all Utility Companies
serving the Hotel that the Hotel’s certificate of occupancy has been
revoked and request that all public utility services be discontinued. The
remedies set forth in this Article are not exclusive. The Town may exercise
all legal rights and remedies available to it under State law, this Article, or
any other Ordinance of the Town of Trophy Club, both criminal and civil in
nature and whether at law or in equity.
E. Reinstatement.
Any person requesting a reinstatement or reissuance of the Certificate of
Occupancy shall be required to apply for and receive a new Hotel Permit
issued under this Article as a condition precedent to the reissuance or
reinstatement of the Certificate of Occupancy.
Section 17.06 Appeals to the Town
The Owner, Operator, or Manager of a Hotel subject to this Article may
appeal any decision or order of the Building Official to the Town Council of
the Town of Trophy Club, Texas. Such appeal shall be filed at the Office of
the Town Secretary, shall be in writing, and shall specifically state the basis
for the appeal from the decision or order of the Building Official. An appeal
under this section shall be filed within five (5) working days (Monday
through Friday), excluding holidays, after the decision or order appealed
from has been issued in writing by the Building Official, shall be filed during
regular business hours and shall be submitted by the appellant on a form
supplied by the Town Secretary.
Within thirty (30) days after receiving the written appeal, the Town
Secretary shall fix a date, time and place for the hearing of the appeal by
the Town Council, which may be held at a regular or special called meeting
of the Council. Written notice of the date, time and place of the hearing
shall be given to each appellant by the Town Secretary, either by causing a
copy of such notice to be delivered to the appellant personally or by mailing
a copy thereof, postage prepaid, addressed to the appellant at his address
shown on the written appeal.
Failure of any person to file an appeal in accordance with the provisions of
this Article shall constitute a waiver of such Person’s right to a hearing by
the Town Council, and such failure shall render the decision or order of the
Building Official as final.
Orders of the Building Official are stayed pending appeal.
Town Council 100 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
Section 17.07 Penalty
Any Owner, Operator, or Manager who intentionally, knowingly, or
recklessly violates any one or more of the provisions of this Article shall,
upon conviction in Municipal Court, be guilty of a Class C Misdemeanor for
which a fine of not less then One Dollar ($1.00) nor more than Two
Thousand Dollars ($2,000.00) shall be assessed, and a separate offense
shall be deemed committed for each day or part thereof during or on which
a violation occurs or continues to exist. Fines assessed hereunder shall be
in addition to and cumulative of all other remedies allowed at law or in
equity, including without limitation, nuisance abatement, injunctive relief,
civil suit, and/or collection of damages.”
SECTION 3.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting hotels and hotel
regulations 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 4.
CUMULATIVE REPEALER
That 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. 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 such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
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.
Deleted: ¶
Page Break
Town Council 101 of 109 Meeting Date: November 2, 2009
Ordinance 2009-28
SECTION 6.
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 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage and publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of November 2009.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Deleted: 28th
Deleted: September
Deleted: ,
Town Council 102 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-453-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/22/2009 Town Council
On agenda:Final action:11/2/2009
Title:Receive a progress report from Council Member Wilson regarding the October 20, 2009 TCMUD1
Meeting; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 103 of 109 Meeting Date: November 2, 2009
109-453-T Version:File #:
Title
Receive a progress report from Council Member Wilson regarding the October 20, 2009 TCMUD1 Meeting; discussion of
same.
Body
a. Appointed MUD Director, Joseph Boclair swearing-in
b. TML Region VIII Quarterly Meeting co-hosting discussion
c. Finance department software needs discussion
d. Construction-related gas leaks; regulation request
e. Governmental water rate addressed
f. Water tank concerns
Town Council 104 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-454-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/22/2009 Town Council
On agenda:Final action:11/2/2009
Title:Mayor and Council Update regarding training opportunities, educational sessions, upcoming events
and regional meetings.
Attachments:
Action ByDate Action ResultVer.
Town Council 105 of 109 Meeting Date: November 2, 2009
109-454-T Version:File #:
Title
Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional
meetings.
Body
Mayor White and Council members to provide a brief update on attendance at the following meetings and events:
TML Annual Conference
Allied Waste Service 'Republic Services' Dinner
NISD Reads Beck Elementary
Deloitte University Groundbreaking Ceremony
Empowering Seniors ’09
Town Council 106 of 109 Meeting Date: November 2, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-455-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/22/2009 Town Council
On agenda:Final action:11/2/2009
Title:Items for Future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Town Council 107 of 109 Meeting Date: November 2, 2009
109-455-T Version:File #:
Title
Items for Future Agendas.
Town Council 108 of 109 Meeting Date: November 2, 2009
1. Item to receive a report from Town Manager Emmons regarding the sound barrier issues on the east side and
conversations with TXDOT, and discussion of same. (Wilson)
2. Consider and receive input for regarding options to improve the upkeep of rental property, with or without
creating a Building Standard Commission. (Edstrom - 4/21/08)
3. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan.
(Edstrom - 10/20/08)
4. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and
compiling data for a future library. (Wilson)
5. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09)
6. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of
games/practices on the baseball and the parking issues. (Wilson added May 6, 2009)
7. Item to reevaluate and expand the scope of the Tree Board in reference to beautification. (Wilson added on
August 17, 2009)
8. Item after FY08-09, Considering future EMS negotiations. (Wilson added on August 17, 2009)
9. Council goals and objectives. (Edstrom added on August 17, 2009)
10. Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club
Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. (Wilson added on September 28,
2009)
11. Item to discuss a Planning Session for Comprehensive Land Use. (Strother added on October 19, 2009)
Town Council 109 of 109 Meeting Date: November 2, 2009