Agenda Packet P&Z 03/17/2005 Page 1 of 83
Town of Trophy Club
Planning & Zoning Public Hearing Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, March 17, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Discuss: A request for Zoning Amendment and Site Plan Approval on Tract 3 of Lot 2,
Block B of the Trophy Wood Business Center.
C.1 Public Hearing
Consider: An amendment to Zoning Ordinance No. 2000-06 P&Z by repealing Article 5, Section
35, entitled "Accessory Structures", in its entirety and adopting a new Section 35, entitled
"Accessory Structures and Buildings". (AMD-05-018)
C.2 Public Hearing
Consider: An application from Lake Cities Church of Christ for a Specific Use permit to allow a
day care facility use on property located at 280 Indian Creek Drive, in PD Planned
Development zoning district No. 24, known as Lake Cities Church of Christ. (SUP-05-
014)
D.1 Discuss and take appropriate action relative to:
a. Public Hearing agenda item C.1
b. Public Hearing agenda item C.2
D.2 Presentation, discussion and appropriate action relative to four (4) Temporary Use
Permits requests for the following events:
a. Arbor Day (23 April 2005)
b. 4th of July Celebration (4 July 2005)
c. Trophy Club Fall Festival (15 October 2005)
d. Christmas Tree and Clock Tower Lighting (8 December 2005)
Applicant: Sharon Huppert, Community Events Coordinator (TU-05-007)
D.3 Discuss: Revisions to Town Ordinance No. 2002-42 P&Z (Construction of fences and
retaining walls).
D.4 Review and approve minutes.
1. 17 February 2005
2. 26 January 2005
E.1 Adjournment.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.B.1
Discuss: A request for Zoning Amendment and Site Plan Approval on Tract 3 of
Lot 2, Block B of the Trophy Wood Business Center.
STAFF COMMENTS: The property is located at the southeast corner of Trophy Wood Drive
and the State Highway 114 service road, in the Trophy Wood Business Center development
(Tract 3 of Lot 2, Block 1). The site was rezoned to PD-25 in December 2002. The applicant,
Kimley-Horn is seeking a zoning amendment and site plan approval to the criteria set forth in
PD-25.
Staff has been working with the applicant and several changes have been made to the site plan,
including the repositioning of the bank canopy drive-thru from the Trophy Wood to the currently
proposed Plaza Drive side.
The purpose of this workshop session is to provide the Commission with an opportunity to
review the Site Plan and accompanying exhibits and work with the applicant regarding any
changes. Following the workshop session, the applicant will make the appropriate revisions and
this item will be set for public hearing most likely in April.
Included in backup, and following the current zoning regulations for the Trophy Wood Business
Center, is the zoning amendment submittal from Kimley-Horn which includes 1.) Detailed Site
Plan; 2.) Building Elevations; 3.) Conceptual Utility Plan; 4.) Photometric Plan; 5.) Tree Survey;
6.) Conceptual Landscape Plan and 7.) Planting Details.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.C.1
Public Hearing
Consider: An amendment to Zoning Ordinance No. 2000-06 P&Z by repealing
Article 5, Section 35, entitled "Accessory Structures", in its entirety and adopting a
new Section 35, entitled "Accessory Structures and Buildings". (AMD-05-018)
STAFF COMMENTS: The following proposed ordinance is a revision to the Accessory
Structure Requirements, as outlined in the Zoning Ordinance. Backup for this item contains two
versions of Section 35. The first is the proposed revision and the second is the currently adopted
version.
The proposed ordinance is generally a streamlined version of the current, with minor changes
made to materials, uses and garages. The current Section 35 contains conflicting language with
other parts of the Zoning Ordinance that have been resolved with the revision.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY REPEALING ARTICLE 5,
SECTION 35, ENTITLED "ACCESSORY STRUCTURES", IN ITS
ENTIRERY AND ADOPTING A NEW SECTION 35, ENTITLED
“ACCESSORY BUILDINGS AND STRUCTURES”; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING GENERAL
REGULATIONS; PRESCRIBING CRITERIA FOR PRIMARY STRUCTURE
REQUIREMENTS; PROVIDING CRITERIA FOR TEMPORARY
ACCESSORY BUILDINGS AND STRUCTURES; ESTABLISHING
CRITERIA FOR PERMANENT BUILDINGS AND STRUCTURES;
PROVIDING PROVISIONS FOR DETACHED GARAGES; SETTING
FORTH REQUIREMENTS FOR DESIGN CRITERIA; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
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 Local Government Code; and
WHEREAS, on March 21, 2000, the Town Council adopted Ordinance No. 2000-06
P&Z, the same being the Comprehensive Zoning Ordinance, (hereinafter referred to as “CZO”),
establishing zoning regulations for the Town; and
WHEREAS, due to the evolving needs of the community specifically relating to
accessory uses and structures, and advancements in the construction materials industry, Town
staff has recommended an update to Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and
WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning
Ordinance in order to provide additional uses, structures and materials for accessory buildings
and structures within the Town; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
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WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
SECTION 35 – ACCESSORY BUILDINGS AND STRUCTURES
Accessory buildings and structures shall comply with the requirements of this ordinance
applicable to the primary structure, and in accordance with the following:
A. General Regulations:
1. Two (2) accessory structure are permitted per one (1) primary structure. Upon
recommendation of the Planning & Zoning Commission, the Town Council may
approve a Conditional Use Permit to allow additional structures.
2. Permitted accessory structures to the primary structure shall not be a source of
income to the owner or user of the primary structure.
3. A building permit and site plan approval shall be required for all accessory
structures that exceed one hundred twenty (120) square feet in area, or for flag
poles over twenty feet (20’) in height.
4. Metal accessory structures and buildings are expressly prohibited.
B. Primary Structure Required: A permanent accessory building or structure shall only be
allowed where a primary building exists.
C. Temporary Accessory Buildings and Structures: A temporary accessory building or
structure shall be constructed in such a manner that it shall be portable, easily
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transportable, and capable of being moved without disassembly or damage and shall
comply with the following:
1. Property Location Criteria: A temporary accessory building or structure may
be placed on an adjacent lot or tract, provided that the two properties are
contiguous, fenced as one lot, and under one common ownership.
2. Applicable Zoning Districts: Temporary accessory buildings and structures
shall be allowed in any zoning district.
3. Front Building Line: A temporary accessory building or structure shall not be
located in the front yard.
4. Side Building Line:
a. Interior Lots: Three feet (3’).
b. Corner Lots: Three feet (3’) on the interior side, and the same as the primary
structure for the side adjacent to the street; except the temporary building or
structure may be within five feet (5’) of the property line when it is located
behind a solid fence that is a minimum of six feet (6’) in height.
5. Rear Building Line: Three feet (3’) and may encroach into a utility easement,
but not a drainage easement.
6. Maximum Height: Twelve feet (12’).
7. Maximum Total Floor Area: Two hundred (200) square feet
8. Easements: A temporary accessory building or structure shall not be located
within a utility, access or drainage easement.
D. Permanent Accessory Buildings and Structures: Permanent accessory buildings and
structures, except detached garages, which are constructed as an integral part of a
concrete slab, concrete beam or with concrete piers, shall comply with the following
requirements:
1. Property Location Criteria: A permanent accessory building or structure shall
be located on the same tract or lot as the primary building.
2. Applicable Zoning Districts: Permanent accessory buildings and structures shall
be allowed in any zoning district.
3. Front Building Line: A permanent accessory building or structure shall not be
located in the front yard set back.
4. Side Building Line: Six feet (6’) nor within any identified easement.
5. Side Building Line on Corner Lot: No accessory building shall be located
within any side yard required on the street side.
6. Rear Building Line: Rear yard setback shall be the same as for the primary
building or structure.
7. Maximum Height: Fifteen feet (15’).
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8. Maximum Number Allowed: Two (2) except as otherwise provided herein.
9. Permitted Structures: Shall include but not be limited to cabanas, pavilions,
gazebos, storage/utility buildings, greenhouses, workshops, flagpoles less than
twenty feet (20’) in height, swimming pools, and athletic courts. Tree-houses are
prohibited.
10. Easements: A permanent accessory building or structure shall not be located
within a utility, access or drainage easement.
E. Detached Garages:
1. A detached garage, which is provided in addition to the required two (2) car
garage shall be permitted as an accessory use/structure in a residential zoned
district.
2. Front Building Line: Minimum 45 feet from the front property line of a
residential lot and shall not be allowed within the front yard setback of any other
zoning district.
4. Side Building Line: Six feet (6’) nor within any identified easement.
5. Side Building Line on Corner Lot: Corner lots may have a garages face a side
street if they setback 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.
6. Rear Building Line: Six feet (6’) nor within any identified easement.
7. Easements: A detached garage shall not be located within a utility, access or
drainage easement.
F. Design Criteria: All accessory buildings shall conform to the masonry requirements as
recorded in each zoning district for main structures, except as provided below:
1. The exterior surfaces of all accessory buildings shall be consistent with the
primary structure. 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 (examples shall include, but not be
limited to gym sets, playhouses, greenhouses).
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, as approved by the Town’s Planning and Zoning Coordinator.
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SECTION 3.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting sign regulations which have
secured at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
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.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this__ day of March, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
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Town of Trophy Club, Texas
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****CURRENT REGULATIONS****
SECTION 35 – ACCESSORY STRUCTURES
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main building, and in accordance with the following:
A. Residential Accessory Structures
In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village, R-Twenty in
Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code Manufactured Home and
Industrialized Housing, and PD (when used as residential) shall be subject to the following
regulations for accessory use for residential purposes.
1. Permitted Accessory Structures:
a. Accessory structures of 120 sq. ft. or greater shall require site plan approval by
the Town Council upon recommendation by the Planning and Zoning
Commission.
b. A building permit shall be required for all accessory structures 50 sq. ft. or
larger.
c. 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,
1. Detached private garage in connection with any use permitted in these
districts, provided that no such garage shall face a golf course; and provided
that any detached garage which faces a street be located not less than forty-
five (45) feet 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.
2. Cabana, pavilion, gazebo
3. Private swimming pool.
4. Signs subject to the provisions of the Town Sign Ordinance.
5. Storage/utility buildings (masonry or wood)
6. Greenhouse (as hobby not business)
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7. Home workshop
8. Flag Pole less than 20 feet
9. Tennis court
10. Basketball court
d. In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village,
R-Twenty in Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code
Manufactured Home and Industrialized Housing, and PD (when used as
residential) District when any of the foregoing permitted residential accessory
uses are detached from the principal single-family dwelling, said uses shall be
located no less than forty-five (45) feet from the front property line nor less than
twenty (20) feet from any street right-of-way, and six (6) feet from rear and side
lot lines, nor within any identified easement. In addition, accessory structures
permitted in these districts shall not exceed one story in height.
B. Non-Residential Accessory Structures and Uses: The following districts, NS, PO, CG,
CR, GU, and PD (when used as non-residential) shall be subject to the following non-
residential accessory use regulations. The following uses shall be permitted as accessory
uses, provided that such use shall be located not less than twenty (20) feet 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, provided that such use shall be located not less than twenty (20) feet from any
street right-of-way:
a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet 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 provided they conform to the standards set forth in Section 33,
Temporary Uses.
c. Signs subject to the provisions of the Town Sign Ordinance.
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. Signs subject to the provisions of the Town Sign Ordinance
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c. Uses and structures which are customarily accessory and are clearly incidental to
the permitted and conditional uses and structures.
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. Signs subject to the provisions of the Town Sign Ordinance
b. Uses and structures which are customarily accessory and are clearly incidental to
the permitted and conditional uses and structures.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material buildings
3. Temporary buildings on skids
D. Permit Requirement: An Accessory Structure Permit shall be obtained, except for a flag
pole less than 20 feet, from the Town Planning and Zoning Administrator and the fee for said
permit paid prior to the construction of any accessory structure, if any of the following
conditions are present:
1. An accessory structure exceeds a total of eight feet in height including struts and
support poles etc.;
2. An accessory building exceeds 50 square feet in area.
3. Flag pole over 20 feet.
E. Location: An accessory structure, with exception of a flag pole and signs, shall not be
located in any front yard, as defined by this ordinance, and shall be located at least ten (10)
feet from any dwelling, building or structure existing or under construction on the same lot
or any adjacent lot, except swimming pools, which may be located nearer than ten (10) feet
from any dwelling existing as long as the excavation of the swimming pool does not in any
way harm or endanger the existing building or dwelling. Notwithstanding the foregoing,
accessory structures are only allowed if they comply with the zoning regulations in the
district in which they are located.
F. Yard Requirements: Unless otherwise permitted by this ordinance, accessory buildings
shall be subject to the same yard requirements as the principal structure. In the case of a
corner lot, no accessory building shall be located within any side yard required on the street
side.
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G. 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. Said garage shall have a
minimum interior dimension of twenty one (21) feet by twenty two (22) feet. Said
garage shall also 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 use in a residential district.
3. Any detached garage shall setback at least forty five (45) feet from the front property
line of a residential lot.
4. An attached garage structure, which is provided in addition to the required two (2) car
garage, may face any street if the garage sits back at least forty five (45) feet from the
front property line of a residential lot.
5. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of 10 1/2 x 22 feet for each vehicle space.
6. Corner lots may have garages facing a side street if they set back a minimum of thirty
five (35) feet from the side street; however, no drive cuts will be allowed from any
street classified as a major or minor collector street.
H. Masonry Requirements: All accessory buildings shall conform to the masonry
requirements as recorded in each zoning district for main structures.
1. The exterior surfaces of all accessory buildings shall be consistent with the primary
structure. However, accessory structures that are normally constructed in such a
manner that masonry exterior surfaces are not practical, nor appropriate are excluded
from the masonry requirements. Examples of excluded accessory structures may
include, but not be limited to, the following: gym sets, playhouses, greenhouses,
garden shelters, gazebos, pavilions, etc.
2. If a question exists as to whether or not an accessory use is exempt, the Town Planning
and Zoning Administrator or the Planning and Zoning Commission shall determine
which structures are exempted from the masonry requirement; however, the Zoning
Board of Adjustments will provide the final determination of exempted accessory
structures if the decision of the Town Planning and Zoning Administrator or Planning
and Zoning Commission is appealed.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.C.2
Public Hearing
Consider: An application from Lake Cities Church of Christ for a Specific Use
permit to allow a day care facility use on property located at 280 Indian Creek
Drive, in PD Planned Development zoning district No. 24, known as Lake Cities
Church of Christ. (SUP-05-014)
LOCATION: The site location is 280 Indian Creek Drive and is located generally to the east of
Glen Eagles Court, to the south of Indian Creek Drive and to the west of PD No. 7, the Plantation
Apartments.
OWNER: Lake Cities Church of Christ
APPLICANT: Lake Cities Church of Christ/Karen Black
NO. NOTICES SENT: Nineteen (19) mailed 7 March 2005
STAFF COMMENTS:
Purpose: To conduct a public hearing and consider a recommendation of a Specific Use Permit
for the use of a children’s day care facility in accordance with Section 44.1 B. 2, of the CZO.
Section 44.1.B.2 states:
“The following uses and structures may be established or constructed only upon
the issuance of a Specific Use Permit in accordance with the provisions of this
Ordinance. 2. Children’s Day Care Center, unless otherwise specifically
allowed. ”
Existing Condition of the Property: The church is located on approximately 4.2 acres and
consists of a church sanctuary, classrooms, kitchen, meeting rooms, administration offices, and a
parking lot. The property is zoned Planned Development - 24.
Staff Findings: In PD-24, a day care facility is not a listed permitted use, however, Section
44.1.B.2 does allow for day care uses via an SUP.
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The property currently operates as a religious institution. As a service to the
members of the church, a “Mothers-Day-Out” program has been operating on a
one (1) day a week basis. Currently the hours of operation for the “Mothers-Day-
Out” program are 9am to 2pm on Wednesdays. The church is requesting to
expand that service into a day care, starting in the fall and will be in operation
Monday through Thursdays from 9am to 2pm.
According to the applicant, no food service will be provided by the day care, the parents of the
students will provide lunches and snacks.
The anticipated enrollment for the day care will be approximately 54 students and 10 staff
members. Ordinance 2000-06, which created PD-24, requires that parking for the church be one
(1) space per 200 square feet of building area. Since the day care will be in operation during the
off times for the church, additional parking for the day care is not needed.
According to the submitted site plan, the applicant plans to construct a fence for a playground
area. The fence will be a black iron fence and will be six (6) feet in height. Any lighting that will
be added to the site must comply with Ordinance 2000-06, which regulates lighting on site.
The proposed day care facility appears to comply with all the requirements of the SUP.
Included in your backup is the applicant’s response to the Specific Use Permit Requirements
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.D.2
Presentation, discussion and appropriate action relative to four (4) Temporary Use
Permits requests for the following events:
a. Arbor Day (23 April 2005)
b. 4th of July Celebration (4 July 2005)
c. Trophy Club Fall Festival (15 October 2005)
d. Christmas Tree and Clock Tower Lighting (8 December 2005)
Applicant: Sharon Huppert, Community Events Coordinator (TU-05-007)
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.D.3
Discuss: Revisions to Town Ordinance No. 2002-42 P&Z (Construction of fences
and retaining walls).
STAFF COMMENTS: Through the administration of the Fence Ordinance, several areas have
proven to cause issues with permitting and enforcement. In addition, the Town Council has
asked staff to begin revisions to the Fence Ordinance, and specifically focus on non-decaying
materials/products.
I have chosen to break up the specific problematic areas into separate meetings. The first
discussion between staff and the Commission will focus on fence materials and parallel fencing.
Backup includes a copy of the current ordinance.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002- 42 P&Z
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-25P&Z
ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION,
REGULATION, AND PERMITTING OF FENCES AND RETAINING
WALLS; AND ADOPTING NEW REGULATIONS FOR THE
CONSTRUCTION, REGULATION AND PERMITTING OF FENCES AND
RETAINING WALLS; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS
FOR FENCES, INCLUDING PERMIT REQUIREMENTS, HEIGHT
REQUIREMENTS, AND TYPE OF FENCE AND CONSTRUCTION;
PROVIDING RETAINING WALL REGULATIONS, INCLUDING PERMIT
REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF
RETAINING WALL AND CONSTRUCTION; PROVIDING
REGULATIONS FOR OUTDOOR ANIMAL RUNS, INCLUDING PERMIT
REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND
CONSTRUCTION; PROVIDING FOR SCREENING; PROVIDING
REGULATIONS FOR GOLF COURSE LOTS; PROVIDING FOR
MAINTENANCE OF NON-LIVING MATERIAL; PROVIDING FOR
MAINTENANCE OF LIVING MATERIAL; PROVIDING FOR
ADDITIONAL SCREENING AND FENCING; PROVIDING FOR
PERIMETER FENCING; PROVIDING FOR INSPECTION; PROVIDING
FOR MAINTENANCE/REPLACEMENT; PROVIDING FOR WAIVERS
AND APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) 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.
WHEREAS, after review and recommendation by the Planning and Zoning Commission,
the Trophy Club Town Council enacted Ordinance No. 2002-25P&Z regulating the construction
and permitting of fences and retaining walls, and such ordinance was enacted for the purpose of
ensuring traffic safety, reducing drainage problems, and restricting the visual blight caused by
certain types of fences;
WHEREAS, since the adoption of Ordinance No. 2002-25P&Z, a conflict has been
identified between the regulation contained in Ordinance 2002-25P&Z requiring a twenty foot
(20’) distance requirement between parallel fences and the requirement that a barrier fence be
constructed around swimming pools;
Page 58 of 83
WHEREAS, the Planning and Zoning Commission has reviewed Ordinance No. 2002-
25P&Z and has made revisions to resolve that conflict by allowing an exception to the twenty
foot (20’) distance requirement applicable to parallel fences for those fences surrounding a pool
or a transformer, and such revisions to the Ordinance address administrative issues experienced
by staff in enforcing Ordinance No. 2002-25P&Z;
WHEREAS, the Town Council finds it necessary and beneficial to repeal Ordinance No.
2002-25P&Z in its entirety and adopt new regulations governing fences and retaining walls as
more fully specified hereinbelow;
WHEREAS, the following new regulations governing fences and retaining walls are
cumulative of those regulations adopted in the Comprehensive Zoning Ordinance of the Town,
as amended, and are not intended to modify or otherwise affect the fencing and screening
regulations contained within the Comprehensive Zoning Ordinance; and
WHEREAS, Town Council has determined it to be in the best interest of the Town of
Trophy Club, Texas, to repeal Ordinance 2002-25P&Z in its entirety and establish and adopt the
following new provisions for the construction, regulation and permitting of fencing and retaining
walls, and allowing an exception to the twenty foot (20’) distance requirement for parallel
fences.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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.
DEFINITIONS
When used in this Ordinance, the following terms shall have the respective meanings ascribed to
them:
A. Barrier: A fence, wall, building wall or combination thereof which completely
surrounds a swimming pool or spa and obstructs or restricts access to such swimming
pool or spa.
B. Building Official: The Building Official for the Town of Trophy Club, Texas or his or
her designee.
C. Class I, II and III-A Liquids: Refer to Exhibit “A” – 1997 Uniform Fire Code, Table
7901.1-A Classification of Flammable and Combustible Liquids, a copy of which is
attached hereto and incorporated herein.
Page 59 of 83
D. Dilapidated: The condition of a building or structure that has fallen into a state of
disrepair, ruin or decay.
E. Facing: A veneer of masonry material with the appearance of brick,
stucco, limestone or other materials similar to the foregoing that may be applied to the surface of
a building or structure.
F. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for
the purpose of enclosing, screening, restricting access, or decorating any real property,
building or structure. In no event shall “fence” mean any wall or structure constructed or
placed in the front yard of a residence.
G. Maintenance: The work of keeping a building or structure in proper condition.
H. Opaque: A fence material that is impenetrable by light; neither transparent nor
translucent.
I. Outdoor Animal Run: Any secondary fencing fully contained within an opaque primary
fence that is used to contain a dog or other animal authorized by the Town’s Animal
Control Ordinance.
J. Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-
half inch (½”) apart.
K. Repair: The reconstruction or renewal of any part of an existing building or structure for
the purpose of maintenance
L. Retaining Wall: A wall designed to resist the lateral displacement of soil or other
materials; said materials being substantially equal in height to the height of the wall.
M. Screening: To conceal an object from public view by means of landscaping materials or
an opaque fence.
N. Treated Railroad-Type Cross-tie Wall: A wall constructed from railroad cross-ties,
either loosely stacked or attached to each other, primarily for the purpose of retaining or
holding earth on one side. This definition shall include treated wood of a shape and
dimension that resembles a cross-tie.
O. Wood Rail Fence: A fence made of wood, typically with vertical support posts and
horizontal wooden posts or split rails. The horizontal rails typically consist of two or
three parallel rails with open space between the rails.
Page 60 of 83
SECTION 3.
FENCES
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal entity
to place, construct or have constructed any type of fence, without having first secured a
permit for the placement or construction of the same from the Town’s Building Official.
Each permit shall be valid for a period of ninety (90) days from date of issuance, during
which time the construction must be completed and final inspection requested. This
ninety (90) day time limitation shall not apply to fence permits applied for homebuilders
at the same time apply for the residential building permit. Fence permits applied for in
conjunction with residential building permits shall be valid until the house has passed it’s
final inspection by the Building Official or his designated representative.
The following information shall be required in the permit application:
1. Applicant’s name and address;
2. Local address where fence is to be erected;
3. Construction material;
4. Height of fence;
5. Graphic outline of the property to be fenced, with the fence
signified by dark lines and showing the location of adjacent fences;
6. Approximate value of the fence; and
7. Contractor name, mailing address and telephone number
B. Height Requirements.
1. Other than on the perimeter of the Town or as approved within a Planned
Development, it shall be unlawful to erect or have erected a fence exceeding six feet
(6’) in height in or on any required side or rear yard. The measurement to determine
the height of the fence shall be taken from the inside of the fence on the property at
which it is installed and shall be measured from the natural grade of the ground to the
top of the fence if there is no retaining wall. In the event that a retaining wall is
utilized, the fence shall be measured from the upper most surface of the retaining
wall.
2. Side yard fencing must begin a minimum of ten feet (10’) behind the front face of
the residence located on the lot.
3. In any side or rear yard adjacent to a street, no fence shall be erected beyond the side
or rear yard building line.
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4. The minimum height of a fence around a pool is four feet (4’).
C. Type of Fence and Construction.
1. It shall be unlawful for any fence to be constructed that is electrically charged in any
manner.
2. Railroad cross-ties, wood of a shape and dimension resembling a cross-tie and
landscape timber shall not be allowed as construction material for fences.
3. It shall be unlawful for any fence to be constructed or maintained with material that is
composed of wire or mesh fencing material, except as provided in Section 5 herein.
4. In order to allow for entrance and exit of fire and police department personnel, each
fence must contain at least one (1) gate not less than three feet (3’) wide.
5. It shall be unlawful to erect a fence that alters the natural drainage or existing planned
drainage.
6. Unless specifically exempted by section 6(a) hereof, a person shall not construct a
fence parallel to and within twenty feet (20’) from another fence unless such person
first obtains a waiver from the Town Council upon recommendation from the
Planning & Zoning Commission. Fences constructed under these provisions must be
a minimum of five feet (5’) from the existing perimeter fence.
a. A person shall be exempted from the requirement to obtain the waiver required by
section 6 of this section if the proposed fence complies with all other applicable
state and local laws, codes, regulations and amendments thereto and either:
(1.) Surrounds a transformer; or
(2.) Provides a barrier for spas and pools as required by applicable law.
7. No fence shall be constructed on a corner lot in a manner that obstructs proper visual
clearance for vehicular traffic approaching the intersection in either direction.
8. Fences constructed, repaired or maintained on common street rights-of-way and
property lines in all subdivisions shall have the finished side of the fence facing the
street. Fences on interior lot lines that are not common with street rights-of-way shall
be constructed with the finished side faced according to the discretion of the property
owner constructing the fence.
9. Wood fences with natural wood tones are preferred; however, the fences may be
painted or stained with wood and earth tone paints or stains.
Page 62 of 83
10. Wood picket fences are not permitted.
11. All requirements of the International Residential Code, and all amendments thereto,
adopted by the Town shall be applicable to the construction of a fence and are hereby
incorporated herein and made a part of this Ordinance.
12. Fences must be constructed of brick, stone, ornamental metal, or wood, including but
not limited to cedar, or redwood, which are the preferred materials. Other materials
similar to the foregoing, including some types of man-made materials may be allowed
if such materials are suitable to maintain appearance, soundness, safety, and
resistance to decay or weather. Use of any such similar materials, including but not
limited to man-made materials, shall only be allowed upon the granting of a waiver
from the Town Council upon recommendation by the Planning and Zoning
Commission. Such waiver will only be granted upon a finding by the Planning and
Zoning Commission that such alternate material requested is similar to those
materials specifically allowed in this section, and to the same extent as authorized
fence materials, and that such material is compatible with fencing materials used in
existing fences in the neighborhood or subdivision.
SECTION 4.
RETAINING WALL REGULATIONS
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal entity
to construct or have constructed a retaining wall without having first secured a permit
from the Permitting Department, except as defined below.
The following information shall be required in the permit application.
1. Applicant’s name and address;
2. Local address where wall is to be erected;
3. Construction material;
4. Height of wall;
5. Graphic outline of the property to be retained, with the retaining wall signified by
dark lines; and
6. Approximate value.
7. Reason for installation of retaining wall.
8. Contractor name, mailing address and telephone number.
Page 63 of 83
B. Height Requirements:
1. Any retaining wall four feet (4’) and over must be a structurally engineered wall.
Only the registered engineer’s seal will be accepted.
2. Retaining walls that are not over four feet (4’) in height measured from the
bottom of the footing to the top of the wall do not require a permit, unless supporting
a surcharge or impounding Class I, II or III-A liquids.
C. Type of Retaining Wall and Construction.
1. The use of treated railroad type cross-tie material, wood of shape and dimension
resembling railroad cross-ties or landscape timbers is prohibited for new construction
and is also prohibited for replacement work if more than thirty percent (30%) of an
existing retaining wall must be replaced or is being replaced.
2. All new retaining walls must be constructed of concrete, pavestone, stone, or brick.
Other materials similar to the foregoing, including some types of man-made materials
may be allowed if such materials are suitable to maintain appearance, soundness,
safety, and resistance to decay or weather. Use of any such similar materials,
including but not limited to man-made materials, shall only be allowed upon the
granting of a waiver from the Town Council upon recommendation by the Planning
and Zoning Commission. Such waiver will only be granted upon a finding by the
Planning and Zoning Commission that such alternate material requested is similar to
those materials specifically allowed in this section, and to the same extent as
authorized fence materials, and that such material is compatible with materials used
in existing retaining walls in the neighborhood or subdivision.
3. All retaining walls constructed of formed concrete, concrete block, cinder block or
similar materials shall have facing added to their exposed surface(s).
4. Retaining walls located along public roadways must provide sufficient area between
the retaining wall and the roadway for landscaping to be provided between the
retaining wall and the roadway.
SECTION 5.
OUTDOOR ANIMAL RUN
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A. Permit. It shall be unlawful for any person, corporation, partnership or other legal entity
to construct or have constructed an outdoor animal run for the containing of a dog or
other animal authorized in the Town Animal Control Ordinance without having first
secured a permit for such outdoor animal run from the Town. Such outdoor animal run
must be for the sole purpose of containing an authorized animal. The following
information shall be required in the permit application.
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1. Applicant’s name and address;
2. Local address where the animal run is to be erected;
3. Construction material;
4. Height of animal run; and
5. Type of animal to be kept in animal run.
6. Contractor name, mailing address and telephone number, if appropriate.
B. Type of Outdoor Animal Run and Construction.
1. The animal run shall be fully contained within an opaque privacy fence.
2. The animal run shall be constructed only of:
a. top-rail galvanized chain link fencing with a gauge of 11 ½, 12 ½, or 14 inches
and posts, or
b. ornamental iron.
3. The animal run shall not have metal or fiberglass roofing.
4. The animal run shall not exceed six feet (6’), or the height of the perimeter fence.
5. The animal run shall not be visible from any public right-of-way.
SECTION 6.
SCREENING
The following screening standards shall be complied with:
A. Fences, walls and dense landscaped hedges or plantings are permitted in any zoning
district as a screening element; however, such screening elements shall conform to the
restrictions set forth herein.
B. Where a non-residential use abuts a residential lot, residential use or
residential district, the side and rear property lines abutting said residential lot, use or district
shall be solidly fenced by the owner of the non-residential use. Such fencing shall be of masonry
construction unless other suitable material has been approved by the Planning and Zoning
Commission pursuant to the process identified in Section 3(C) 12 of this Ordinance. The wall
shall be constructed to a height of eight feet (8’) so as to restrict the view from the residential lot,
use or district onto the non-residential use.
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C. Where the district boundary dividing a residential district from a non-residential district is
along a street or alley, and an automobile parking lot or parking area is located in the
front yard of the non-residential use, the parking lot or parking area facing the residential
lot, use or district shall be suitably screened with a wall of masonry construction, unless
some other suitable material has been approved by the Planning and Zoning Commission
pursuant to the process identified in Section 3(C) 13 of this Ordinance. Such wall shall
be constructed to a height of not less than four feet (4’).
D. In non-residential areas, the garbage, refuse and trash collection/storage areas shall be
fully screened from view by a masonry fence or wall of at least eight feet (8’) in height,
and shall be gated.
E. Off-street loading areas shall be adequately screened from view of all residential dwelling
and from any other adjacent land uses, as indicated in the Comprehensive Zoning
Ordinance, Article 7, Section 50 – Parking and Loading Area Development Standards for
Non-Residential Uses, Item D.
F. In any district, exterior utility, pool equipment and other mechanical
equipment shall be screened so as not to be visible from any street. For purposes of
this Ordinance, electrical, gas, and other utility meters are not subject to the
foregoing screening requirement.
G. Screening, as herein referenced, shall mean any of the following:
1. Any dense evergreen hedge or plant material suitable for providing an opaque visual
barrier, for which such material shall be maintained in a healthy growing condition.
2. A solid fence.
H. No screening element shall be constructed, erected, placed, planted or
maintained in such position or location so as to be dangerous or detrimental to the health or
safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any
public or private street or driveway. Provided, however, that the natural existing terrain which
cannot be removed by reasonable landscaping techniques, including retaining walls constructed
below or at the same grade of said natural existing terrain, shall be excluded from the objects
otherwise prohibited.
I. Landscaped earth berms may, when appropriate in scale, be used as a
screening element in conjunction with a fence, wall, hedge, or other dense planting material.
J. Fences, Walls, Screening: Except as otherwise provided in this Ordinance, fences, walls,
and screening are permitted in any required rear or side yard, or along the edge of any
such yard as a screening, decorative or containment element. Such fences and walls shall
not exceed six feet in height and the following requirements shall be met:
Page 67 of 83
1. Nothing shall be erected, placed, planted or maintained on a corner lot or parkway
adjacent thereto so as to interfere with the visual line of sight at an elevation between
two and one-half feet (2 – ½’) and eight feet (8’) above the top of the adjacent street
curb, or if there is no curb then from the average street grade, within a triangular area
formed by the intersection of the adjacent street right-of-way lines and a line formed
by connecting a point thirty-five feet (35’) from the street intersection on one street
right-of-way line with a corresponding point on the other street right-of-way line.
2. Interior Lots: For interior lots in any district, nothing shall be erected, placed, planted
or allowed to grow in such a manner as to impede vision or in any way create a traffic
hazard to motorists, including but not limited to, impediments to the safety of persons
entering or exiting any public highway, street, alley or private street or highway,
driveway from or to adjacent private property.
3. Any object or combination of objects placed, planted or maintained in violation of
this ordinance, shall be removed upon written notice sent via certified mail from the
authorized representative of the Town, to the owner, agent, or occupant of the
premises or property where such obstruction has been erected, placed, planted or
maintained. Such notice shall allow the owner, agent, or occupant of the premises a
period of ten (10) days to remove the obstruction.
4. Railroad cross-ties and landscape timber shall not be allowed as construction material
for screening fences.
SECTION 7
GOLF COURSE LOTS
A. All fences facing or abutting golf course lots shall be constructed of ornamental metal.
B. All fences on lots contiguous to a golf course shall be a minimum of four feet (4’) and a
maximum of six feet (6’) in height.
C. No animal runs shall be permitted on golf course lots.
D. On lots abutting a golf course in residentially zoned areas, screening along the golf
course shall be limited to the height of the fence and shall meet all other requirements of
this Ordinance.
SECTION 8.
MAINTENANCE OF NON-LIVING MATERIAL
Page 68 of 83
All required non-living screening materials shall be maintained in a neat and orderly condition at
all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or
plants not a part of the screening or landscaping.
Page 69 of 83
SECTION 9.
MAINTENANCE OF LIVING MATERIAL
All required living-screening materials shall be maintained in a neat and orderly condition at all
times. This shall include, but not be limited to pruning, fertilizing, watering, weeding, and other
such activities common to the maintenance of landscaping. Appropriate facilities for watering
any plant material shall be installed at time of planting. Screening areas shall be kept free of
trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping.
All plant material shall be maintained in a healthy and growing condition as is appropriate for the
season of the year. All plant material that dies shall be replaced within thirty (30) days with
plant material of similar size.
SECTION 10.
ADDITIONAL SCREENING & FENCING
The Zoning Board of Adjustment may approve screening and fencing requirements on any
zoning case in lieu of screening or fencing requirements set out specifically in each use district
upon application for variance. Provided however, that the for a planned development district, the
Planning and Zoning Commission may recommend and the Town Council may approve
additional screening or fencing requirements set out specifically in each use district when the
nature and character of the surrounding or adjacent property dictates a need to require such
devices in order to protect such property and to further provide protection for the general health,
welfare and morals of the community in general.
SECTION 11.
PERIMETER FENCING
Perimeter fencing shall be provided according to the following requirements:
A. If a tract of land has been platted or is owned under single ownership or under single
control and that tract of land touches any part of the perimeter or corporate limits of the
Town, the regulations of this section shall apply. A decorative masonry or ornamental
wall or fence consisting of masonry posts at eight foot (8’) intervals with sealed Western
Red Cedar Welco wooden insets or equivalent, shall be constructed on property lying
along the perimeter Town Limits line of the Town as specified herein unless otherwise
provided in this ordinance. Such wall or fence shall be constructed where the property
intersects with the Town limits and along the perimeter limit lines of the Town. The
owner, subdivider, or developer of the property shall be responsible for the construction
of the fence or wall. Such fence or wall shall be continuous and shall be eight feet (8’) in
height. The owner, subdivider, or developer shall construct such fence or wall either at
the time that any street improvement is constructed within the subdivision or at the time
that any type of construction or development of any kind is commenced upon the tract of
land, whichever occurs first.
Page 70 of 83
B. The extent to which fencing or walls are constructed shall be determined
by the Planning and Zoning Commission upon consideration of a site-specific request and upon
the submittal of appropriate documentation material.
C. Construction, design and material for the extension of perimeter fences shall be subject to
the approval of the Town Council, upon recommendation by the Planning and Zoning
Commission.
SECTION 12.
INSPECTION
During construction and/or installation of a fence, wall, outdoor animal run or retaining wall for
which a permit is required, the property owner shall contact the Building Official to request all
required inspections. Failure to request any required inspection shall be a violation of this
Ordinance. The Building Official shall issue either a Green Tag if the structure meets with
requirements of this ordinance or shall issue a Correction Notice for defects in construction
materials or procedure. The owner shall remedy all defects as specified in the Correction Notice.
SECTION 13.
MAINTENANCE/REPLACEMENT
A. All fences, walls, outdoor animal runs, and retaining walls shall be maintained in sound
condition and good repair at all times. When a fence, wall, or outdoor animal run is
declared by the Building Official or his designated representative to be dilapidated or
hazardous, the Building Official, or his designated representative shall order the
occupant, owner, or inhabitant of the property to remove or repair the fence, wall, or
outdoor animal run to a sound condition.
1. Dilapidated shall include but not be limited to fences, walls, or outdoor animal runs
which have broken or missing planks or portions, or which are out of alignment by
more than one (1”) per foot of height measured at the posts.
2. Areas adjacent to fences and walls shall be maintained in a clean manner and shall be
free and clear of all debris, trash and weeds.
3. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to
remove or repair a fence or wall in accordance with this provision within ten (10)
days of an order issued under this section, unless otherwise approved by the Building
Official or his designated representative.
B. A permit shall be required for maintenance of thirty percent (30%) or more of a fence or
retaining wall that faces or fronts an existing right-of-way. No permit shall be required
for maintenance work on fences or retaining walls that do not front or face a right-of-
way.
SECTION 14.
WAIVERS AND APPEALS
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A. Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear and shall seriously and fairly consider a
request for a waiver from the terms and conditions set forth in this Ordinance. A waiver
may be authorized and will not be contrary to the public interest, where, owing to special
conditions, the literal enforcement of the provisions of this Ordinance will result in
unnecessary hardship, including but not limited to a substantial economic hardship; the
granting of the waiver is not inconsistent with the spirit of this Ordinance; and substantial
justice is done.
B. Any person aggrieved by the terms of this Ordinance or the interpretation,
application, or enforcement of this Ordinance by the Designated Official shall have the right to
appeal any action of the Designated Official taken pursuant to this Ordinance. Any such appeal
shall be brought, by written application, filed by an interested party, to the Planning and Zoning
Coordinator within ten (10) days after the action of the Designated Official which is the subject
of the appeal. Enforcement of this Ordinance shall be stayed pending such appeal. In hearing
such appeals, the Planning and Zoning Commission shall review the determination of the
Designated Official and, in so doing, may consider whether or not the regulations and standards
of this Ordinance will, by reason of exceptional circumstance or surroundings, constitute a
practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall
forward a recommendation to the Town Council, who shall act on the subject of the appeal. A
decision of the Town Council shall be final.
SECTION 15.
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; provided however, that Ordinance No. 2002-25P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-25P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 16.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting fence regulations which have
secured at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
Page 72 of 83
SECTION 17.
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 18.
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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues.
SECTION 19.
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 20.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 21.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd
day of December, 2002.
Page 73 of 83
Mayor
Town of Trophy Club
ATTEST:
Town Secretary
Town of Trophy Club
[SEAL]
EFFECTIVE DATE: June 12, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club
Town of Trophy Club Ordinance 2002-25P&Z
Page 74 of 83
Exhibit A
Exhibit “A”
TABLE 7901.1-A-CLASSIFICATION OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
(See Sections 7901.1.2 and 7901.4.3)
FLASH POINT (FARENHEIGHT) BOILING POINT (FARENHEIGHT)
CLASSIFICATION 1 0.556 x (t°F – 32) for °C 0.556 x (t°F – 32) for °C
Class I
I-A Less than 73 degrees Less than 100 degrees
I-B Less than 73 degrees Greater than or equal to 100 degrees
I-C N/A
Greater than or equal to 73 degrees and
less
than 100 degrees
Class II N/A
Greater than or equal to 100 degrees
and less
than 140 degrees
Class III
III-A N/A
Greater than or equal to 140 degrees
and less
than 200 degrees
III-B Greater than or equal to 200 degrees N/A
Crude Petroleum Less than 150 degrees N/A
N/A = Not applicable to classification.
1When heated, sprayed or mixed, Class II or III liquids can assume the characteristics of lower
flash point liquids. Under such conditions the appropriate provisions of Article 79 for the actual
flash point shall apply. For construction requirements, see the Building Code.
When flammable or combustible liquids present multiple hazards, all hazards shall be addressed. See Section
8001.1.3.
For the purpose of Article 79, unstable liquids shall be treated as Class I-A liquids.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.D.4
Review and approve minutes.
1. 17 February 2005
2. 26 January 2005
(kcf)
Town of Trophy Club Ordinance 2002-25P&Z
Page 75 of 83
Exhibit A
MINUTES OF A
PUBLIC HEARING & REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
17 FEBRUARY 2005
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Public Hearing and a Regular Session on 17 February 2005, at 7:00 pm in the
Boardroom of the Trophy Club Administration Building, 100 Municipal Drive,
Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill present
Vice Chairman Stephens present
Commissioner Bradley present
Commissioner Moss present
Commissioner Reed present
Commissioner Rodgers present
Commissioner Sheridan present
STAFF AND GUESTS PRESENT:
Kerin C. Fleck Planning & Zoning Coordinator
Anna Langley Applicant/Trophy Club Woman’s Club
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:00 pm, announced a quorum was
present and explained the format of the meeting for the benefit of the audience.
B.1 PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST
FOR A TEMPORARY USE COMMUNITY GARAGE SALE GRANTED BY SPECIAL
PRIVILEGE. (APPLICANT: ANNA LANGLEY, TROPHY CLUB WOMEN'S CLUB)
Ms. Langley addressed the Commission. The DPS will be involved with traffic
control. Similar to last year, there will not be an alternate rain day scheduled.
The spring event will be Saturday, 30 April 2005 and the fall event will be 1
October 2005.
A motion was made to recommend approval of the request for Temporary Use
Permit.
Motion: Sheridan
Town of Trophy Club Ordinance 2002-25P&Z
Page 76 of 83
Exhibit A
Town of Trophy Club Ordinance 2002-25P&Z
Page 77 of 83
Exhibit A
Second: Stephens
Ayes: Hill, Bradley, Moss, Reed, Rodgers
Nays: None
Action: Approved, 7-0
Motion carried.
PUBLIC HEARING
C.1 PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING.
A motion was made to open the Public Hearing.
Motion: Reed
Second: Sheridan
Ayes: Hill, Bradley, Moss, Rodgers, Stephens
Nays: None
Action: Approved, 7-0
Motion carried.
C.2 PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO
THE FOLLOWING:
Chairman Hill read the caption into the record.
AN ORDINANCE AMENDING TOWN ORDINANCE NO. 2000-06 P&Z BY AMENDING
ARTICLE 3, SECTION 13 ENTITLED "USE TABLE", SUBSECTION "F" ENTITLED "BUSINESS"
AND SUBSECTION "G" ENTITLED "RETAIL" TO INCLUDE TANNING SALONS.
(APPLICANT ERNIE KENNEDY, REGENCY CENTERS) AMD-05-017
Ms. Fleck presented this item to the Commission. Ernie Kennedy with Regency Centers
recently had a prospective tenant that was a tanning salon use. Upon review of the
uses permitted for the location, staff discovered the Zoning Ordinance does not
address tanning salon uses and therefore the use is prohibited. Staff recommended Mr.
Kennedy request an amendment to the Zoning Ordinance Use Table in order to add
provisions for the use. The proposed ordinance designates the use be allowed in CG –
Commercial General and PD – Planned Development zoning districts.
C.3 PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN.
A motion was made to close the public hearing.
Motion: Sheridan
Second: Rodgers
Ayes: Hill, Bradley, Moss, Reed, Stephens
Nays: None
Action: Approved, Approved, 7-0
Town of Trophy Club Ordinance 2002-25P&Z
Page 78 of 83
Exhibit A
Motion carried.
C.4 PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION.
Chairman Hill opened the Regular Session.
*REGULAR SESSION
D.1. PLANNING & ZONING COMMISSION TO TAKE APPROPRIATE ACTION AND MAKE A
RECOMMENDATION TO THE TOWN COUNCIL REGARDING:
AN ORDINANCE AMENDING TOWN ORDINANCE NO. 2000-06 P&Z BY AMENDING
ARTICLE 3, SECTION 13 ENTITLED "USE TABLE", SUBSECTION "F" ENTITLED "BUSINESS"
AND SUBSECTION "G" ENTITLED "RETAIL" TO INCLUDE TANNING SALONS.
(APPLICANT ERNIE KENNEDY, REGENCY CENTERS) AMD-05-017
The Commission discussed the proposed amendment.
Motion: Stephens
Second: Reed
Ayes: Hill, Bradley, Moss, Rodgers, Sheridan
Nays: None
Action: Approved, 7-0
Motion carried.
D.2 REVIEW AND APPROVE MINUTES.
A. 3 FEBRUARY 2005
A motion was made to approve the minutes of 3 February 2005, as written.
Motion: Reed
Second: Rodgers
Ayes: Hill, Bradley, Moss, Sheridan
Nays: None
Abstain: Stephens
Action: Approved, 6-0-1
Motion carried.
E.1 ADJOURNMENT
Chairman Hill adjourned the meeting at approximately 7:12pm.
______________________________________
Gene Hill, Chairman
Town of Trophy Club Ordinance 2002-25P&Z
Page 79 of 83
Exhibit A
(SEAL)
____________________________________________
Kerin C. Fleck, Planning & Zoning Coordinator
MINUTES OF A REGULAR SESSION
FOR THE
PLANNING & ZONING COMMISSION
TOWN OF TROPHY CLUB
26 JANUARY 2005
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a
Regular Session meeting 26 January 2005, at 7:00 pm in the Boardroom of the
Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas
76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill present
Vice Chairman Stephens present
Commissioner Bradley present
Commissioner Moss present
Commissioner Reed present
Commissioner Rodgers present
Commissioner Sheridan present
STAFF AND GUESTS PRESENT:
Kerin C. Fleck Planning & Zoning Coordinator
Patricia Adams Town Attorney
Karen Mitchell Planning Consultant
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:04 pm, and announced a quorum
was present.
The Commission convened into executive session at 7:05 pm.
B.1 PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551,
SECTION 551.071 (a) & (b) "CONSULTATION WITH ATTORNEY", THE COMMISSION
WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:
(A) CONSULTATION WITH TOWN 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.
(1) LEGAL ADVICE RELATIVE TO PROPOSED SIGN ORDINANCE
(2) LEGAL ADVICE RELATIVE TO SCOPE OF PLANNING & ZONING
COMMISSION AUTHORITY
Town of Trophy Club Ordinance 2002-25P&Z
Page 80 of 83
Exhibit A
Town of Trophy Club Ordinance 2002-25P&Z
Page 81 of 83
Exhibit A
(3) LEGAL ADVICE RELATIVE TO OPEN MEETINGS ACT AND VOTING
The Commission reconvened into Regular Session at 7:47 pm
C.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN ORDINANCE REPEALING
TOWN ORDINANCE NO. 2004-02 P&Z, AND ADOPTING NEW PROVISIONS RELATING
TO SIGN REGULATIONS.
Ms. Fleck introduced the sign ordinance and gave a brief summary of the
changes proposed. Minor changes were made to Section 2, “Definitions”, a
new section was created as Section 6, “Temporary Signs” which also address
political and banner signs. Additional provisions were added to Section 10,
“Nonconforming Uses”, Section 12, “Maintenance of Signs”, Section 13,
“Violations”, Section 14 “Enforcement”, Section 15, “Enforcement Remedies”
and Section 16, “Prohibition”. Discussion among the Commission ensued.
A motion was made to table action on the proposed changes to a date certain of 3
February 2005, pending additional provisions be added regarding off-site signage.
Motion: Sheridan
Second: Reed
Ayes: Hill, Bradley, Moss, Rodgers, Stephens
Nays: None
Action: Approved, 7-0
Motion carried.
C.1 REVIEW AND APPROVE MINUTES:
A. 18 NOVEMBER 2004
B. 2 DECEMBER 2004
A motion was made to approve the minutes of 18 November 2004, as amended.
Motion: Reed
Second: Stephens
Ayes: Bradley, Moss
Nays: None
Abstain: Hill, Rodgers, Sheridan
Action: 4-0-3
Motion carried.
A motion was made to approve the minutes of 2 December 2004, as written.
Motion: Reed
Second: Sheridan
Ayes: Hill, Bradley
Nays: None
Town of Trophy Club Ordinance 2002-25P&Z
Page 82 of 83
Exhibit A
Abstain: Moss, Rodgers, Stephens
Action: 4-0-3
Motion carried.
The Commission directed Ms. Fleck to make changes as directed to the minutes
of 18 November 2004 and bring back before the Commission at the next
meeting.
D.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at approximately 8:14 pm.
________________________________________
Gene Hill, Chairman
(SEAL)
____________________________________________
Kerin C. Fleck, Planning & Zoning Coordinator
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 3-17-2005
Subject: Agenda Item No.E.1
Adjournment.
(kcf)
Town of Trophy Club Ordinance 2002-25P&Z
Page 83 of 83
Exhibit A