Minutes P&Z 11/06/2008
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
MINUTES
NOVEMBER 6, 2008
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular
Session on November 6, 2008, 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 Coordinator
Chris King Building Inspector
Bill Durham First Texas Homes/Gallery Custom Homes
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present.
B.1 REVIEW AND APPROVE MINUTES OF THE SEPTEMBER 18, 2008 PLANNING AND
ZONING COMMISSION MEETING.
Commissioner Reed motioned to approve the minutes of the September 18, 2008, Planning &
Zoning Commission meeting. The motion was seconded by Commissioner Ashby.
Ayes: Hill, Stephens, Reed, Forest, Sheridan, Ashby
Nays: None
Abstain: Davidson
Action: 6-0-1, Approved
Planning & Zoning Commission Page 1 of 5 November 6, 2008 Minutes
C.1 DISCUSS AND TAKE APPROPRIATE ACTION ON A REQUEST FOR APPROVAL
OF A TEMPORARY USE FOR OFF-STREET PARKING FOR MODEL HOMES IN
PLANNED DEVELOPMENT NO. 27, NEIGHBORHOOD 2, PHASE 1A, FOR A
PERIOD OF TIME OF NOT GREATER THAN ONE YEAR. APPLICANT: GALLERY
CUSTOM HOMES.
Chairman Hill announced the case and asked the representative for this case to come forward.
Bill Durham, Director of Construction, First Texas Homes, 2535 Woodside Dr., Highland
Village, Texas, stated that they will incorporate their model home landscaping into their parking
lot. He stated that their actual landscaping will be two to three-fold more than what is shown
on the submitted plan in the P&Z Commissioners packet. He stated that Gallery Custom
Homes (which is a division of First Texas Homes) and Beazer Homes will use this parking lot,
and he can’t represent what Beazer will do on their side of the parking lot. He would like to
readdress the landscaping when he brings in his request for signs and landscaping for the
model.
Commissioner Ashby asked if he understood correctly that there is no Beazer commitment for
the landscaping plan. Mr. Durham stated that Gallery is putting in the parking lot and Beazer
will pay for half of it. As soon as the model home is bricked they will be pulling out the
construction trailer and moving it to another site and then dropping in the parking lot. They are
looking at December/January on that. Beazer will not do any work on the parking lot other
than some landscaping to connect the sidewalk from the parking lot to their model on Lot 10.
Ms. Huggins showed a plat diagram of Neighborhood 2, Phase 1A, to give the Commissioners
an overview of the eventual layout of Neighborhood 2, Phase 1A which will contain model
homes for Lennar, Centex, Gallery and Beazer, as well as two parking lots for the model
homes. Tonight, the Commission is considering the model home parking lot for Gallery and
next month will see a request for a parking lot for Centex.
Commissioner Ashby stated that this will be “model home row”. Ms. Huggins confirmed that
model homes will be built on this location for those four builders. Mr. Ashby stated that this is
not quite what he dreamed of when they went through the eight months and everything after,
but he can understand the principle and content of it.
Commissioner Ashby asked how there will be access for the handicapped to the model home?
Mr. Durham stated that at the van access there will be a break in the curb and Beazer will tie
into that with a sidewalk. Mr. Ashby stated that he would like to see the layout properly
documented.
Commissioner Sheridan stated that he worked for First Texas Homes in the late 80’s and early
90’s for six or seven years, but does not feel that he has any conflict. Mr. Sheridan stated that
he has no problem with the parking lot, but the application and display is substandard to what
P&Z is used to getting and he is inclined to say postpone and come back with a proper
application.
Planning & Zoning Commission Page 2 of 5 November 6, 2008 Minutes
Vice Chairman Stephens asked are we considering granting approval of a plan where the
Building Inspector must make sure that the drawings are proper so that when presented to
Town Council the documentation will be complete. Chairman Hill stated that the motion can
incorporate the necessity for the sidewalks from the parking area to where the model homes
will be located. Vice Chairman Stephens stated that he is good with that.
Commissioner Forest stated that he is not sure what is being voted on tonight.
Ms. Huggins apologized for the poor quality of the application. She stated that she agrees with
Commissioner Sheridan that she did not obtain enough documentation from the applicant with
adequate diagrams to show what the applicant wishes to do. She did not consider a sidewalk
would be needed from Beazer’s model home. She stated that the documents could be revised
prior to Council.
Mr. Durham stated that he would be willing to postpone and bring back better documentation
to the Commissioners.
Commissioner Ashby stated that he has no problem with what Gallery Custom Homes wishes
to do, but he wants more detail and documentation of what they are going to do.
Commissioner Sheridan asked if this item is postponed how that would affect Gallery’s
construction schedule. Mr. Durham responded that they are not planning to build the parking
lot until January.
Commissioner Ashby made a motion to table this item and that the item should come
back with revised documentation, with compliance and agreement from Beazer Homes
and Gallery Homes on the combined use of the parking lot, and showing hash marks as
a handicap accessibility lane. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Reed, Ashby, Forest, Stephens, Sheridan, Davidson
Nays: None
Action: Tabled, 7-0
C.2 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PLANNED
DEVELOPMENT NO. 27 (PD-27), ORDINANCE NO. 2007-15 P&Z TO CHANGE THE
DISTANCE REQUIRED FOR A GARAGE FACING A SIDE STREET, AND TO
CORRECT A TYPOGRAPHICAL ERROR. (PD AMD-08-028)
Chairman Hill announced the case, opened the public hearing and asked if anyone in
attendance wished to speak. There were none and the public hearing was closed.
C.3 DISCUSS AND TAKE APPROPRIATE ACTION ON AN AMENDMENT TO PLANNED
DEVELOPMENT NO. 27 (PD-27), ORDINANCE NO. 2007-15 P&Z TO CHANGE THE
Planning & Zoning Commission Page 3 of 5 November 6, 2008 Minutes
DISTANCE REQUIRED FOR A GARAGE FACING A SIDE STREET, AND TO
CORRECT A TYPOGRAPHICAL ERROR. (PD AMD-08-028)
Chairman Hill asked Ms. Huggins for a staff report.
Ms. Huggins asked the Commissioners to throw out their staff report as there are errors in the
report. Ms. Huggins stated that this item was brought to the attention of staff by two builders,
K. Hovnanian and Standard Pacific, who had two homes in which they wished to build a
garage facing a side street and they could not meet the distance requirement of 50-ft. from
side street right-of-way.
Commissioner Ashby asked for a definition of right-of-way. Chris King, Building Inspector,
explained that there is 11-1/2 ft. of right-of-way on each side of a street. For instance, a 37-ft.
street on a 60-ft. right-of-way has 11-1/2 ft. on each side of the curb.
Ms. Huggins stated that in the staff report she had stated that the right-of-way varies, which is
incorrect. The width of the street varies, not the right-of-way.
Ms. Huggins stated that in looking at this further, staff does not wish to support this request
and believes that the requirement should remain as is; 50-ft. from right-of-way; and, therefore
staff withdraws this request. On the second item requested, the “typo” correction, staff
requests a correction from 6-ft. to 5-ft. in Table 4-1.
Chairman Hill stated that he believes 5-ft. is correct.
Vice Chairman Stephens stated that he does not have a problem correcting the “typo” if in fact
it is a typo, and he believes it is.
Commissioner Reed asked for an explanation of the difference between 50-ft. from the side
street versus 40-ft. from the back of curb. Chris King, Building Inspector, explained that 40-ft.
from back of curb would be exactly that – 40-ft. measured from the curb – whereas 50-ft. from
the side street right-of-way would be 61-1/2 ft. from the curb. So the difference is 21-1/2 ft.,
which staff feels is too lenient.
Commissioner Reed asked how they will include a garage in these circumstances if the
change isn’t made. Mr. King responded that the option is for the builder to build a little smaller
house. The builders are trying to put a huge footprint down and they will need to reduce the
overall square footage somewhere to fit the garage 50-ft. from the right-of-way.
Commissioner Ashby stated that he doesn’t agree on the “typo” error. He believes it should be
a 6-ft. side yard.
Commissioner Sheridan stated that Standard Pacific and K. Hovnanian agreed to the right-of-
way when the PD was approved and they should abide by it. He asked if a survey of the form
boards is required prior to slab inspection. Mr. King responded that they do. Mr. Sheridan
Planning & Zoning Commission Page 4 of 5 November 6, 2008 Minutes
Planning & Zoning Commission Page 5 of 5 November 6, 2008 Minutes
asked if he is correct in saying that only a 50-ft. right-of-way would allow a side drive. Or, he
asked, is this a J-drive situation. Mr. King responded that it is a J-drive situation.
Commissioner Sheridan stated that regarding the 6-ft. side yard he is in agreement with
Commissioner Ashby.
Commissioner Forest and Commissioner Davidson indicated that neither were on the Board
when this was originally discussed.
Commissioner Sheridan made a motion recommending to the Town Council denial of
the garage setbacks and changing the “typo” on Page 25 from 5-ft. to 6-ft.
Commissioner Ashby seconded the motion.
Ayes: Sheridan, Ashby, Forest
Nays: Hill, Reed, Davidson
Abstain: Stephens
Action: Tie Vote, Motion Fails, 3-3-1
Commissioner Reed made a motion recommending to the Town Council denial of the
garage setbacks and changing the “typo” on Page 31 from 6-ft. to 5-ft. Vice Chairman
Stephens seconded the motion.
Chairman Ashby asked for an amendment to the motion allowing the garage setback
denial to stand and table the “typo” for further research. The motion and second
agreed to the amendment.
Ayes: Hill, Forest, Sheridan, Stephens, Reed, Ashby, Davidson
Nays: None
Action: Motion Passes, 7-0
D.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at 7:55 p.m.