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Item 9AmL CITY � f"�' MEMORANDUM May 12, 2020 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Sr. Director of Planning and Development Services Subject: Variance to Chapter 11, Article 111 — Noise Nuisances of the City of Southlake Code for Timarron Golf Course and Country Club Action Requested: Consider approval of a variance to Chapter 11, Article I I I - Noise Nuisances, of the Southlake City Code to allow maintenance operations during nighttime hours of the Timarron Golf Course and Country Club, located at 1400 Byron Nelson Parkway, Southlake, Texas. Background Information: The Timarron Golf Course and Country Club (TCC) was opened in 1994. The City's current Noise Nuisances regulations became effective on August 18, 2000. The Noise Ordinance prohibits activity such as golf course maintenance prior to 7:00 AM and after 9 PM, which are defined in the Noise Ordinance as "daytime" hours. The City began receiving complaints from residents in 2019 regarding TCC fairway and green maintenance operations beginning in the early morning hours. The City's Department of Public Safety received complaints on 5-16-2019, 5-20-2019, 6-05-2019 and 10-12-2019 regarding fairway and greens maintenance operations beginning in early morning hours. It was determined that these operations were occurring outside of the permitted "daytime" hours of 7:00 am to 9:00 pm and a correction notice was issued to the golf course. According to the TCC, it has historically performed golf course maintenance operations prior to 7:00 AM since the opening of the facility in 1994. TCC ceased maintenance operations prior to 7:00 AM after receiving a correction notification from the City. Variance Request: The TCC is requesting a variance to the Noise Nuisances regulations of the City to allow course maintenance operations beginning at 6:00 AM. The variance request will be limited to allowing maintenance to occur only on holes 1, 2, 9 and 10 as well as the putting green (located near the club house) and the chipping green (located between holes 9 & 10) starting at 6:00 AM. Other course maintenance activities will be between 7:00 AM to 9:00 PM — "daytime" operating hours. A course map is provided on page 6 of the staff report. An affirmative vote of four (4) City Council Members is required to approve a Noise variance request. Noise Ordinance: The TCC maintenance operations are specifically impacted by the following regulations of Chapter 11, Article III — Noise Nuisances of the City of Southlake Code: Sec. 11-60. — Definitions Daytime means the hours from 7:00 a.m. to 9:00 p.m. Nighttime means the hours from 9:00 p.m. until 7:00 a.m. Section 11-61.c. Prima facie violation. The following acts of noise are prima facie evidence of a violation of this article: (9) Operating, as a part of any business, any equipment or machinery, including, but not limited to, combustion engines, fans, blowers, grinders, welders, loaders, washers, winches, lifts, and hoists, whether independent or attached to a motor vehicle, during the nighttime within 1,000 lineal feet of any residential dwelling which equipment or machinery is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of a reasonable and prudent person of ordinary sensibilities. Sec. 11-62. - Exceptions. The following activities are exempt from the provisions of this article: (6) Sounds created while conducting yard work or lawn maintenance during the daytime, including, but not limited to, lawn mowing, leaf blowing, brush clearing, and use of chain saws; Sec. 11-64. - Variances. The city council may authorize a variance to any restriction set forth in this article or any other aspect involved in the permitting process. Before granting a variance, the city council must determine that a literal enforcement of this article would create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this article. Page 3 of 8 Citizen Input/ Board Review: A SPIN meeting was held on April 28, 2020. Links to the SPIN Report and meeting video are follows: SPI Report April 8, 2020 htt s://southiaketx.swa it.com/play/04282020-1270 There were two -hundred -thirty-one (231) courtesy notices sent to all properties within the City of Southlake abutting the TCC boundary and one (1) to the City of Colleyville. As of 12:00 PM May 12, 2020, thirty-five (35) responses have been received, with twenty-two (22) opposed and thirteen (13) in favor. Additional responses received will be forwarded to the City Council prior to the scheduled meeting. Links to the responses are below: Opposed In favor Alternatives: Approve, approve with conditions or deny the request. Supporting Documents: 1) Vicinity Map - Page 3 2) TCC's variance request - Pages 4 3) TCC's Variance Exhibits - Pages 5 4) TCC's Decibel Comparisons & Readings — Pages 6-7 3) Link to TCC 's Presentation 0 950 1,900 3,800 'V � '. .,t' Feet NZOUMM Timarron Country Club — Variance Request Southlake City Council, This letter is being written to request a permanent variance for the C�ity of Southlake Code Ordinance Article III regarding Noise Nuisances. Timarron Country Club ("TCC"), located at 1400 Byron Nelson Parkway, Southlake, TX 76092 is the applicant. TCC opened in 1994 and since its inceptbr� the golf course maintenance crew has begun work on the golf course at 6:00 a.m. We were recently notified of the Noise Nuisances ordinance which prohibits any lawn maintenance prior to 7:00 a.m. ln25years,TCChas never received a citation regarding a noise nuisance. This tends to represent decades of acceptance of the standard operating procedures of a golf course by the approximately 200 property owners adjacent to the property. As the only golf course in Southlake, TCC is a unique property that the ordinance negatively impacts for its day-to-day operation. Preparing a golf course for play is an operational necessity. Mowing is a time-consuming yet fluid operation covering 150 acres, with varying schedules of areas mowed. It is not repeated throughout the day Iff - !R I - -9 - ID ;..- .1N 6a INK4 FAIMPRIB Timarron Country Club respectfully requests a permanent variance for the noise nuisance code daytime hours to begin at 6:00 a.m. year-round for the Chipping and Putting Practice areas and holes 1, 2, 9, and 10. Thank you for your consideration, Timarron Country Club Overall Golf Course Exhibit with Hole Numbers Detail of Exhibit TCC's Decibel Comparisons & Readings