Agenda Packet P&Z 10/21/2009Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMWednesday, October 21, 2009
Call To Order and announce a quorum.
Approval of Minutes
09-408-T Review and approve minutes of the September 3, 2009 Planning and Zoning
Commission meeting.
090309.pdfAttachments:
PUBLIC HEARING
09-409-T 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)
Staff Report.pdf
Article XV - Swimming Pools.pdf
Section 5.03.pdf
Public Hearing Notice.pdf
Attachments:
09-430-T Public Hearing 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. (PD AMD 09 031)
Staff Report.pdf
Application.pdf
Public Hearing - Newspaper.pdf
Property Owner Notification.pdf
Elevations.pdf
Attachments:
REGULAR SESSION
09-429-T Discussion and Recommendation regarding a request to amend 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)
Planning and Zoning Commission Page 1 of 49 Meeting Date: October 21, 2009
October 21, 2009Planning & Zoning Commission Meeting Agenda
09-431-T Discussion and Recommendation regarding 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. (PD AMD 09 031)
Adjourn
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
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 Friday, October 16, 2009, by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
Carolyn Huggins
Planning and Zoning Department
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: ___________________________
Planning and Zoning Commission Page 2 of 49 Meeting Date: October 21, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-408-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/30/2009 Planning & Zoning Commission
On agenda:Final action:10/21/2009
Title:Review and approve minutes of the September 3, 2009 Planning and Zoning Commission meeting.
Attachments:090309.pdf
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 3 of 49 Meeting Date: October 21, 2009
109-408-T Version:File #:
Title
Review and approve minutes of the September 3, 2009 Planning and Zoning Commission meeting.
Planning and Zoning Commission Page 4 of 49 Meeting Date: October 21, 2009
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
MINUTES
SEPTEMBER 3, 2009
The Planning and Zoning Commission of the Town of Trophy Club, Texas met on
September 3, 2009, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy
Club, and Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill Present
Vice Chairman Stephens Present
Commissioner Reed Present
Commissioner Sheridan Present
Commissioner Forest Present
Commissioner Ashby Present
Commissioner Davidson Present
STAFF AND GUESTS PRESENT:
Carolyn Huggins Planning & Zoning Manager
CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present.
1 REVIEW AND APPROVE MINUTES OF THE AUGUST 6, 2009 PLANNING
AND ZONING COMMISSION MEETING.
Commissioner Forest motioned to approve the minutes of the August 6, 2009, Planning
& Zoning Commission meeting. The motion was seconded by Commissioner Reed.
Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson
Nays: None
Action: 7-0, Approved
2 PUBLIC HEARING REGARDING CHANGES TO THE TOWN OF TROPHY
CLUB CODE OF ORDINANCES, CHAPTER 5-GENERAL LAND USE AND
CHAPTER 9-PARKS AND RECREATION TO AMEND AND ADOPT NEW
REGULATIONS AFFECTING SIGNS AND OTHER MISCELLANEOUS
PROVISIONS OF CHAPTERS 5 AND 9. (ADM-09-004)
Planning and Zoning Commission Page 5 of 49 Meeting Date: October 21, 2009
Chairman Hill announced the case and opened the public hearing. He explained that
staff is asking for a continuance of the Public Hearing to the October 1, 2009, Planning
and Zoning Commission agenda.
Commissioner Davidson motioned to continue the public hearing to the October 1, 2009
Planning & Zoning Commission meeting. The motion was seconded by Commissioner
Reed.
Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson
Nays: None
Action: 7-0, Approved
3 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FROM
JACOBS ENGINEERING ON BEHALF OF HIGH TROPHY DEVELOPMENT,
L.P. TO APPROVE AN AMENDED PLAT OF 107 RESIDENTIAL LOTS AND 4
OPEN SPACE LOTS FOR A TOTAL OF 28.144 ACRES KNOWN AS
NEIGHBORHOOD 1, PHASE 1C-2, THE HIGHLANDS AT TROPHY CLUB (AP-
09-016)
Chairman Hill announced the case and asked for a staff report.
Ms. Huggins stated that the Subdivision Rules and Regulations, Chapter 12 of the Town
of Trophy Club Code of Ordinances requires that clerical errors must be corrected by
bringing an amended plat before the Planning and Zoning Commission for
recommendation to the Town Council. The amended plat does not require notice,
hearing or approval of other lots owners if the sole purpose of the plat meets the
purposes set forth in the Subdivision Rules and Regulations. This amended plat meets
those purposes in that it is a correction to an error in the owner’s dedication – the plat is
for Neighborhood 1, Phase 1C-2 but the original plat listed Neighborhood 2, Phase 1A
in the owner’s dedication. There is a boxed note on the front page of the plat explaining
the purpose of the amended plat.
The applicant was not present. Earlier, he requested permission from Chairman Hill to
miss the meeting as he had to attend a Council meeting in another City which was
occurring at the same time as this meeting.
Staff asks for a recommendation of approval of the amended plat. There was no
discussion or questions from the Commission and Chairman Hill called for a motion.
Commissioner Sheridan made a motion recommending approval of the amended plat
for Neighborhood 1, Phase 1C-2. Commissioner Ashby seconded the motion.
Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson
Nays: None
Action: 7-0, Approved
Planning and Zoning Commission Page 6 of 49 Meeting Date: October 21, 2009
ADJOURNMENT
Chairman Hill adjourned the meeting at 7:04 p.m.
Planning and Zoning Commission Page 7 of 49 Meeting Date: October 21, 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 Planning & Zoning Commission
On agenda:Final action:10/21/2009
Title: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)
Attachments:Staff Report.pdf
Article XV - Swimming Pools.pdf
Section 5.03.pdf
Public Hearing Notice.pdf
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 8 of 49 Meeting Date: October 21, 2009
109-409-T Version:File #:
Title
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)
Planning and Zoning Commission Page 9 of 49 Meeting Date: October 21, 2009
PLANNING & ZONING COMMISSION
STAFF REPORT
October 21, 2009
Case No. ADM-09-005
Request for Text Amendment to
Chapter 13-Zoning
Section 5.03 Accessory Structures
and Uses
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 the pool in the rear yard and half in the side yard, by the
definition outlined above a variance is required.
Planning and Zoning Commission Page 10 of 49 Meeting Date: October 21, 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
Planning and Zoning Commission Page 11 of 49 Meeting Date: October 21, 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
street scape 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. These changes are outlined below:
Chapter 3 – Buildings and Construction
Article XV – Swimming Pools
Section 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, not forward of the house,
and shall not encroach upon any identified easement.
2. Property Line: The waters edge of the swimming pool must be at least
six feet from any property line.
3. Primary Dwelling: 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
(numbering added and will remain in new ordinance):
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.
Planning and Zoning Commission Page 12 of 49 Meeting Date: October 21, 2009
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.
Staff asks for a recommendation of approval to the Town Council.
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: October 21, 2009. Publication
Date: September 30, 2009.
(ch/ck)
Attachment: Article XV – Swimming Pools
Section 5.03 Accessory Structures and Uses
Public Hearing Notice
Planning and Zoning Commission Page 13 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 120 of 130
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.
(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
Planning and Zoning Commission Page 14 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 121 of 130
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)
Planning and Zoning Commission Page 15 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction
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
Planning and Zoning Commission Page 16 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 123 of 130
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.
2. Temporary Fence
Prior to commencement of and during the construction of a swimming pool, a temporary fence
Planning and Zoning Commission Page 17 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 124 of 130
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.
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
Planning and Zoning Commission Page 18 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 125 of 130
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.
3. All pools shall be treated, altered or maintained so as to prevent the development of
unsanitary conditions.
Planning and Zoning Commission Page 19 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction Page 126 of 130
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.
Planning and Zoning Commission Page 20 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction
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
Planning and Zoning Commission Page 21 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction
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
Planning and Zoning Commission Page 22 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction
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
Planning and Zoning Commission Page 23 of 49 Meeting Date: October 21, 2009
Chapter 3 – Buildings and Construction
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
Planning and Zoning Commission Page 24 of 49 Meeting Date: October 21, 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
Planning and Zoning Commission Page 25 of 49 Meeting Date: October 21, 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
Planning and Zoning Commission Page 26 of 49 Meeting Date: October 21, 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.
Planning and Zoning Commission Page 27 of 49 Meeting Date: October 21, 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
Planning and Zoning Commission Page 28 of 49 Meeting Date: October 21, 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.
Planning and Zoning Commission Page 29 of 49 Meeting Date: October 21, 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 Planning & Zoning Commission
On agenda:Final action:10/21/2009
Title:Public Hearing 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. (PD AMD 09 031)
Attachments:Staff Report.pdf
Application.pdf
Public Hearing - Newspaper.pdf
Property Owner Notification.pdf
Elevations.pdf
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 30 of 49 Meeting Date: October 21, 2009
109-430-T Version:File #:
Title
Public Hearing 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. (PD AMD 09 031)
Planning and Zoning Commission Page 31 of 49 Meeting Date: October 21, 2009
PLANNING & ZONING COMMISSION
STAFF REPORT
October 21, 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 FAMILE 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 on 5,250 minimum square foot lots.
Planning and Zoning Commission Page 32 of 49 Meeting Date: October 21, 2009
The specific changes to Planned Development No. 27 ordinance are summarized as
follows:
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. minimum
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
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.
Planning and Zoning Commission Page 33 of 49 Meeting Date: October 21, 2009
This will reduce the lots in PD-27 from 1,564 to 1,489 lots.
The applicant’s requested changes are outlined in detail below. The page numbers
noted below refer to the PD-27 document included as a hardcopy attachment to this
packet.
Ordinance No. 2007-15 P&Z
Page 19
Delete “Zero Lot Line” definition.
Delete “Townhome Structure” definition.
Pages 29-31
Item No. 1. Purpose: change definition from single family attached dwellings on
lots of not less than 3,000 sq. ft. to single family detached dwellings on lots of not
less than 5,250 sq. ft.
Item No. 4. Height Regulations: Staff requests that the height be restricted to two
stories in height rather than two and one-half stories in height.
Item No. 5:
o Lot Size: Change from 3,000 to 5,250 minimum square feet.
o Lot Coverage: Change from 70% lot coverage to the following:
Lots less than 6,000 sq. ft. – 50% lot coverage
Lots 6,000 sq. ft. or more – 60% lot coverage
o Minimum Floor Area: change from 70% at 1,600 sq. ft. with the remainder at
1,400 sq. ft. to the following: 1,600 sq. ft.
o Front Yard: Each townhome structure was required to alternate from 20-ft. to
23-ft. to 25-ft. for variety, with each front building line shown on the plat.
Requested change: 20-ft. minimum
o Rear Yard: from 10-ft. minimum to 20-ft. minimum
o Side Yard: from 0 to 5-ft. minimum
o Side Yard Adjacent to Street: NO CHANGE (10-ft. minimum)
o Lot Width: from 30-ft. minimum to 50-ft. minimum measured at the front
building line.
o Lot Width Adjacent to Side Street: from 35-ft. minimum to 55-ft. minimum
measured at the front building line
o Lot Depth: NO CHANGE
o Lot Depth (corner or cul-de-sac lot): NO CHANGE
o Spacing between Structures: DELETED.
o Length of Structures: DELETED.
o Garages: NO CHANGE.
Item No. 6. Screening Materials: Add “with the use of masonry materials” to the
following sentence: Lot Type 5 shall be screened from thoroughfares. Delete
“Screening materials shall be a combination of masonry, wrought iron, berms,
and plant materials.
Item No. 7. Layout of Structures: DELETE
Planning and Zoning Commission Page 34 of 49 Meeting Date: October 21, 2009
Page 32
Table No. 4-1 -- Revise Lot Type 5 regulations
Current Requested
Min. Square Footage (lots) 3,000 sq. ft. 5,250 sq. ft.
Typical Dimensions 30’ x 100’ 50’ x 105’
Min. Width 30’ 50’
Min. Depth 100’ Same
Yard Setbacks
Front 20’/23’/25’ 20’
Side 0’ 5’
Side Adjacent to Street 10’ Same
Rear 10’ 20’
Min. Dwelling 70% at 1,600 sq. ft. 1,600 sq. ft.
Square Footage remainder 1,400 sq. ft.
Page 34-35
Item H. Neighborhood 8: Delete “260” lots; replace with “185”.
Total Number of Lots: 185
Delete: Lot Type 5 shall be located in a private gated community. The streets and
common areas shall be private and maintained by a Homeowners Association.
Add: The Private Open Space within the Neighborhood 8 property limits will be
maintained by a Homeowners Association.
Perimeter landscape and screening adjacent to Trophy Park Drive will match the
existing landscape and screening on the opposite side of Trophy Park Drive.
Perimeter landscape and screening adjacent to Trophy Club Drive will match the
existing landscape and screening constructed in Trophy Club Drive within The
Highlands at Trophy Club development.
Page 35
Final paragraph on the page: revise total Highland lot count from 1,564 to 1,489.
Page 36
Replace entire page with new Conceptual Plan reflecting 185 single family lots.
Planning and Zoning Commission Page 35 of 49 Meeting Date: October 21, 2009
Page 37
Remove. Applicant no longer wishes to build a gated community with Amenity Center.
Page 38
Remove page. Screening wall for Neighborhood 8 will be of a masonry material.
Landscaping and screening will match existing landscaping and screening for
Neighborhoods 6 and 7 along Trophy Club Drive and Trophy Park Drive.
Page 39
Remove page. Applicant wishes to remove gated entryway.
Page 40
Table No. 5-1 percentages and totals revised.
Page 51-52
Item No. 7 Alley. Remove. Alley only applies to Lot Type 5 townhomes.
Page 53
Table No. 6-1 Roadway Standards. Remove “Residential Alley”.
Page 57
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.
Page 61
Update Concept Plan (dated February 2007) to reflect revised Neighborhood 8 plan.
Page 70
Alley Exhibit. Remove.
Page 75
Pathway Plan – The Town pathways are not affected by this change request, but the
exhibit will be updated to show the new layout of Neighborhood 8.
STAFF SUMMARY: 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
Planning and Zoning Commission Page 36 of 49 Meeting Date: October 21, 2009
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.
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 no
opposition to this request.
Attachments: Application
Public Hearing-Newspaper
Property Owner Notification
Sample (Concept) Elevations of Homes (3)
Planned Development No. 27 Revisions – Hardcopy Only
11 x 17 Concept Plan – Neighborhood 8 – Hardcopy Only
Planning and Zoning Commission Page 37 of 49 Meeting Date: October 21, 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.
Planning and Zoning Commission Page 39 of 49 Meeting Date: October 21, 2009
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Planning and Zoning Commission Page 43 of 49 Meeting Date: October 21, 2009
Planning and Zoning Commission Page 44 of 49 Meeting Date: October 21, 2009
Planning and Zoning Commission Page 45 of 49 Meeting Date: October 21, 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 Planning & Zoning Commission
On agenda:Final action:10/21/2009
Title:Discussion and Recommendation regarding a request to amend 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 and Zoning Commission Page 46 of 49 Meeting Date: October 21, 2009
109-429-T Version:File #:
Title
Discussion and Recommendation regarding a request to amend 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)
Planning and Zoning Commission Page 47 of 49 Meeting Date: October 21, 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 Planning & Zoning Commission
On agenda:Final action:10/21/2009
Title:Discussion and Recommendation regarding 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. (PD AMD 09 031)
Attachments:
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 48 of 49 Meeting Date: October 21, 2009
109-431-T Version:File #:
Title
Discussion and Recommendation regarding 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. (PD AMD 09 031)
Planning and Zoning Commission Page 49 of 49 Meeting Date: October 21, 2009