Item 9ACITY OF
SOUTHLAKE
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 III — 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.
Page 2 of 8
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:
SPIN Report April 28, 2020;
httos://southlaketx.swaait.com/Dlav/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
Page 4 of 8
Page 5 of 8
Timarron Country Club — Variance Request
Southlake City Council,
This letter is being written to request a permanent variance for the City 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 inception, 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. In 25 years, TCC has
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
further ensuring minimal effect on the adjacent properties.
The ordinance daytime starting hour of 7:00 a.m. creates an unnecessary hardship on
TCC by delaying our members access to the facility. The continual unavailability of the
course during the peak morning hours exposes TCC to membership attrition which over
time could be detrimental to the viability of the property. Additionally, the ordinance
puts TCC at risk of losing long-standing hosting privileges of prestigious tournaments for
National (USGA), State (Texas PGA), and Local (North Texas PGA) golf organizations.
These events continue to select TCC for the quality of the golf course but require early
course access to accommodate their schedules. Southlake hotels, restaurants and shops
stand to also lose revenue generated by these organization's employees, competitors
and their families.
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
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Page 7 of 8
TCC's Decibel Comparisons & Readings
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•Conversation - 60
.Air Conditioner - 60
•Vacuum - 70-75
•Dishwasher - 70-75
•Washing Machine - 70-75
•City Traffic — 80-85
•Motorcycle - 95
•Train - 100
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