Minutes P&Z 04/06/2000MINUTES OF REGULAR SESSION FOR THE
PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB
6 April 2000
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular
Session on 2 April 2000, at 6:00 P.M. in the Boardroom of the Trophy Club Administration
Building, 100 Municipal Drive, Trophy Club, Texas 76262.
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Mike Hamper
Gene Hill
Donald Cotton
Rick Gilliland
Clayton Reed
Chairman
Vice -Chairman
Member
Member
Member
COMMISSIONERS ABSENT:
David Schaaf Member
Roger Williams Member
STAFF AND GUESTS PRESENT:
Kerin C. Fleck Planning & Zoning Coordinator
Dan Boutwell Planning Consultant
Wallace D. Franklin Resident
John Harbin Beck Properties
Don Himes Resident
Chairman Hamper called the meeting to order at 6:01 p.m. and announced a quorum
was present.
2. DISCUSSION AND APPROPRIATE ACTION REGARDING THE REQUEST FOR A
WAIVER TO FENCE ORDINANCE NO. 1999-01, AT I CRESTWOOD DRIVE,
SECTION ELEVEN, LOT 1390, (APPLICANT: WALLACE D. FRANKLIN,
HOMEOWNER).
Mr. Franklin addressed the Commission.
Chairman Hamper asked the applicant if the fundamental reason for the waiver request was for
the condition of the back yard at 2 Meadowbrook Lane. The applicant replied yes, it was due to
the poor condition of that back yard.
Chairman Hamper informed Mr. Franklin that the Town could not enforce deed restrictions,
however property owner can. If the residents of 2 Meadowbrook are violating provisions of the
Deed Restrictions for section Eleven, the Mr. Franklin can take the necessary action in order to
remedy the situation.
Mr. Boutwell stated that if the waiver were granted, it would only be a temporary solution to a
larger issue. He went on to ask Mr. Franklin if the back yard at 2 Meadowbrook was in a better
condition, would he still request a fence waiver. Mr. Franklin said yes.
Planning & Zoning Regular Session 6 April 2000
Chairman Hamper directed the staff to compose a letter to the owners of the property at 2
Meadowbrook, with a copy of the letter sent to the current residents occupying the house. He
also asked the staff to contact the Community Improvement Association, informing them of the
situation.
Commissioner Reed suggested to Mr. Franklin that he contact the CIA as well, the Commission
agreed.
Motion:
Hill
Second:
Cotton
Ayes:
Hamper, Gilliland, Reed
Nays:
none
Denied:
5-0
Motion carried.
This item will be recommended for denial to the Town Council.
3. DISCUSSION AND APPROPRIATE ACTION REGARDING THE REQUEST FOR A
ZONE -CHANGE FROM R-12 SINGLE FAMILY RESIDENTIAL AND R-15 SINGLE
FAMILY RESIDENTIAL, TO A PD (PLANNED DEVELOPMENT), FOR THE 74.956
ACRE TRACT KNOWN AS WATERS EDGE @ HOGAN'S GLEN, PD -22,
(APPLICANT: JOHN HARBIN, VICE PRESIDENT, BECK PROPERTIES.)
Mr. Harbin addressed the Commission.
Chairman Hamper, for the record, stated that the requirement for the Public Hearing for this
agenda item was met at a previous meeting (Town Council meeting held 3 March 2000). He
also advised the Commission the legal opinion from the Town Attorney was that the
Commission might move forward and act on this matter in a Regular Session Meeting.
Commissioner Reed asked the applicant how the air conditioning units would ventilate air
adequately. Mr. Harbin said that was a design issue and he would refer that to the builder.
Mr. Himes, 57 Meadowbrook Drive, addressed the Commission
Mr. Himes asked Mr. Harbin how the property line along the southwest corner of the proposed
development had changed.
Mr. Boutwell interceded and stated that over a period of time most properties that are developed
and that are un -platted at this time may actually be comprised of a number of parcels of land.
Maybe separate parcels phased at different times. It is the responsibility of the developer at the
time of zoning to have the property surveyed to describe the land and provide documentation.
The legal description of the property is signed off by surveyors and engineers. Later on in the
process, at the platting phase, the developer submits a document signed off by engineers and
surveyors, attesting to the conveyance of the property as being one parcel of land. The only
individuals able to develop and plat that land, are the developers and owners. It very well may
be that the land consists of a number parcels that are now included together over a period of
time. All that the Town has to go by, is the fact that professional engineers and surveyors have
signed off on the survey.
Chairman Hamper brought up another point to Mr. Himes. In the earlier stages of Trophy Club,
one developer, Independent American, owned all of the property. They owned the golf course
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Planning & Zoning Regular Session 6 April 2000
and all of the land adjacent to the golf course. Soon, it became necessary to make a definition
as to where the golf course began and ended. At the time the property was bought by Beck,
where there is joint properties with the same owner, it is only when the platting process is
initiated, that there is a definition of the property as to whom owns what.
Chairman Hamper went on to say that he had reviewed previous zoning maps of Trophy Club,
such as the first Comprehensive Land Use Plan created in 1987. That map shows the same
zoning. Site zoning was given to all un -platted land. However, a value was not determined for
each zone. The zoning is general.
Mr. Himes, for the record, stated that all of the property owners he has spoken with are opposed
to the development, and also, he has begun a petition stating the same, which he will give to the
Town Council.
Mr. Boutwell told Mr. Himes that this development meets all of the Town's requirements for
zoning and it is in compliance.
Chairman Hamper told Mr. Himes that the Public Hearing requirement has been met, and
excused Mr. Himes.
Motion:
Hill
Second:
Reed
Ayes:
Hamper, Cotton, Gilliland
Nays:
none
Approved:
5-0
Motion carried.
This item will be recommended for approval to the Town Council.
4. DISCUSSION AND APPROPRIATE ACTION REGARDING THE 7.677 ACRE TRACT
KNOWN AS WATERS EDGE @ HOGAN'S GLEN PHASE 1, PD -22, (APPLICANT:
JOHN HARBIN, V. P., BECK PROPERTIES).
a. PRELIMINARY PLAT
b. FINAL PLAT
The Commission discussed the differences in requirements between the Preliminary and Final
Plats.
Mr. Boutwell asked Mr. Harbin if he planned to bring both plats before the Commission at the
same time in the future. Or, if Mr. Harbin planned to bring the Preliminary Plat forward for the
remainder of the development and then bring forth the Final Plat when he was ready.
Mr. Harbin stated that he would do what the Commission recommends, however, he would like
to bring both plats for each phase forward at the same time, allowing more flexibility to modify
layouts.
Mr. Boutwell discouraged Mr. Harbin from applying for both at the same time. Chairman
Hamper agreed.
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Planning & Zoning Regular Session 6 April 2000
Aaenda item 4a. Preliminary Plat
Motion:
Reed
Second:
Cotton
Ayes:
Hamper, Hill, Gilliland
Nays:
none
Approved:
5-0
Motion carried.
This item will be recommended for approval to the Town Council.
Agenda item 4b. Final Plat
Motion: Cotton
Second: Hill
Ayes: Hamper, Gilliland, Reed
Nays: none
Approved: 5-0
Motion carried.
This item will be recommended for approval to the Town Council, with the stipulation that no
building permits may be issued until final construction plans have been approved by the Town.
5. DISCUSSION AND APPROPRIATE ACTION REGARDING AN AMENDMENT TO THE
SUBDIVISION REGULATIONS, ORDINANCE NO. 98-08, TO INCLUDE:
a. CHANGES OR REVISIONS
b. SUB -DIVIDER'S AGREEMENT
Ms. Fleck stated that Cathy Morgas was not able to attend this meeting due to an illness. Mr.
Boutwell presented this item to the Commission.
Chairman Hamper stated that as an addition to the Sub Division Regulations, it must follow the
Regulations, and the proposed Sub -Divider's Agreement does not.
Mr. Boutwell said a Sub -Divider's Agreement was not an unusual Exhibit document for a City to
have.
Commissioner Cotton asked how this document came about. Ms. Fleck stated that it was
suggested by staff and endorsed by the Town Attorney. The idea came about as a result from
the problems created by Briscoe Clark subdivision, the Lakes.
Mr. Harbin asked for permission to address the Commission. He stated, in principle, he does
not have a problem with the agreement, as numerous cities also have a Sub -Divider's
Agreement. However, if there is a provision for another bond to be put up by a developer, in
addition to the bonds developers already have to have, then he does have a problem with that
stipulation.
Chairman Hamper said that he does not feel the Commission should spend time on this issue
when there was no one present at the meeting who was involved with the preparation of the
agreement, to explain specific areas in question to the Commissioners.
Chairman Hamper stated that the reason this agenda item came up, was due to the Sub -
Divider's Agreement however when looking through the Sub Regs, areas were found that
require an update.
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Planning & Zoning Regular Session 6 April 2000
Mr. Boutwell suggested that the appropriate individuals involved with this item be in attendance
when this is discussed at a future meeting.
Aqenda item 5a. Chanqes or Revisions & Agenda item 5b. Sub -Divider's Aareement
Motion
Hill
Second:
Cotton
Ayes:
Hamper. Gilliland, Reed
Nays:
none
Approved:
5-0 Continue to another date
Motion carried.
This agenda item will be discussed at the next Planning & Zoning Meeting.
Chairman Hamper stated that the Commission would skip to agenda item # 7 and then dismiss
Mr. Boutwell so that he does not need to be present during budget discussions.
7. DISCUSSION REGARDING DEFINITIONS FOR COMPREHENSIVE ZONING
ORDINANCE NO. 2000-06.
a. BRICK
b. STONE
C. STUCCO
d. MASONRY
Chairman Hamper asked the Commission to readdress these four (4) building material
definitions so that they may apply to the ordinance in the way the Commission intended.
The Commission discussed possibly definitions.
Commissioner Gilliland said that he does not object to the definition of masonry or stone, which
was included in the meeting packet.
Masonry: that form of construction composed of stone, brick, concrete, gypsum,
hollow -clay tile, concrete block or tile, glass block or other similar building units or materials or
combination of these materials laid upon unit by unit and set in mortar.
Stone: masonry is that form of construction made with natural or cast stone in which the
units are laid and set in mortar with all joints filled.
Chairman Hamper stated that the subject would take time adequately research, and
encouraged the Commissioners to think of possible definitions.
No motion was made for this item.
Chairman Hamper excused Mr. Boutwell.
6. DISCUSSION AND APPROPRIATE ACTION REGARDING THE PLANNING &
ZONING BUDGET FOR FISCAL YEAR 2000-2001.
Discussion was held concerning the proposed budget.
The Commission requested that Ms. Fleck modify terminligies and explanations to provide a
more clear definition for the Town Council.
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Planning & Zoning Regular Session 6 April 2000
This item will b8discussed atthe next Planning & Zoning Meeting.
Chairman Hamper asked if anyone had any items for discussion.
6. REPORTS FROM STAFF.
MS. Fleck informed the ConnrnioSk}n that new permitting and code enforcement software was
approved at the last Town Council Meeting.
Also, 8letter has been sent k}all Ofthe builders registered with the Town and who have applied
for building permit within the last year, informing UleDl of the UDd@t8 to the Comprehensive
Zoning Ordinance. Anotice has been posted intwo /2\separate locations inthe building,
informing residents and builders Ofthe change. Also, @ copy Ofthe SthkethnDUghcopy has been
placed on the front counter, so anyone inquiring may see exactly what has been changed.
B' REPORTS FROM COMMISSIONERS, OTHER MATTERS.
Chairman Hamper told the Commission that hewould ask the Town Council to respectfully
accept his resignation 8Sthe Planning & Zoning Chairman etthe next Town Council Meeting, 18
April 2000. H8went on tosay that he would still be available b}work with the Commission.
Chairman Hamper said that in fifteen (15) years of working with the Planning & Zoning
Commission, this is the best group he has had and he compliments everyone.
9' ADJOURNMENT:
Chairman Hamper adjourned the meeting at 9:09 p.m.
Ker/n C. Fleck, Planning q�a Zoning Coordinator
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