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Minutes P&Z 10/18/2007 MINUTES OF A REGULAR SESSION FOR THE TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION OCTOBER 18, 2007 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on October 18, 2007, at 7:00 pm in the Conference Room of the Public Services Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Ashby Present Commissioner Reed Present Commissioner Sheridan Present Commissioner Sanchez Present Commissioner Forest Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Coordinator Chris King Building Inspector David Vanderslice K. Hovnanian Homes Mike Brady Standard Pacific Homes William Conger Standard Pacific Homes Russell Slovak Centurion American Mehrdad Moayedi Centurion American Doug Mitchell Encana Oil and Gas A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. and noted that a quorum of five members was present. Mr. Ashby and Mr. Stephens had not yet arrived. B.1 REVIEW AND APPROVE MINUTES OF THE SEPTEMBER 20, 2007, PLANNING & ZONING COMMISSION MEETING. Chairman Hill called for comments, questions, or a motion for the minutes of the September 20, 2007 Planning & Zoning Commission meeting. Planning & Zoning Commission Page 1 of 10 October 18, 2007 Minutes Commissioner Reed made a motion to approve the minutes, seconded by Commissioner Sheridan. Mr. Ashby and Mr. Stephens arrived but as the motion had already been made and they were not present for the motion, they will abstain from voting. Ayes: Hill, Reed, Sanchez, Sheridan Nays: None Abstain: Stephens and Ashby abstain as they were not present for the motion, and Forest abstained as he was not yet a member of this board on September 20, having been appointed Commissioner effective October 1, 2007. Action: 4-0-3, Approved The Chairman welcomed and introduced Dale Forest as the newest member of the Planning & Zoning Commission. Mr. Forest has considerable experience in community government and in the banking industry prior to his retirement and move to the Town of Trophy Club. The Chairman read the following statement regarding Public Hearings: “Our regular meetings are public sessions scheduled the first and third Thursdays of every month and the public is always welcome to attend. Any persons present desiring to be heard concerning items listed on tonight’s agenda should sign up on the form available by the door and present it to the Planning & Zoning Coordinator. Speakers are allocated three (3) minutes for their statement. Tonight’s meeting is a combined public hearing and regular meeting held to consider and develop the Planning and Zoning Commission’s recommendation for amendments to Town ordinances concerning a developer’s request to amend PD-27, Ordinance No. 2007-15 P&Z to allow 45% coverage for Lot Type 2 in Neighborhoods 3 & 4 of the Highlands of Trophy Club. The audience is assured that during the public hearing the Commission will hear from all persons who sign up to speak. However, a public hearing is not a town meeting. There are to be no spontaneous questions addressed from the audience to the Commissioners or to other speakers concerning their statements or positions on these issues. I request that Commissioners take note of the names of tonight’s public hearing speakers and any points they make which the Commissioners might desire to pursue further during the public meeting as we will not interrupt or question speakers or conduct discussions during the public hearing. Following this introduction, the Commission will open the public hearing and I will then read into the record the item concerning the request to amend Planned Development No. 27. We will discuss and take action only on the item listed on the agenda. It is a matter of routine that items heard and recommended by the Planning and Zoning Commission will appear on future Town Council agendas for final action. When all speakers have been heard the public hearing will be closed and the Commission will convene into regular session for our discussion and deliberation of the agenda items. In regular session the item will be called up as listed on the agenda. The Commission may discuss the item or ask questions of individuals concerning their public hearing statements. The Commissioners will finally determine and vote on a recommendation to the Town Council concerning the item under discussion.” Planning & Zoning Commission Page 2 of 10 October 18, 2007 Minutes C.1 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PD – PLANNED DEVELOPMENT DISTRICT NO. 27, ORDINANCE NO. 2007-15 P&Z TO ALLOW 45% LOT COVERAGE FOR LOT TYPE 2 IN NEIGHBORHOODS 3 AND 4 OF THE HIGHLANDS OF TROPHY CLUB. APPLICANTS: K. HOVNANIAN HOMES AND STANDARD PACIFIC HOMES. (PD-AMD-07-025) Chairman Hill called for a motion to open the public hearing. Vice Chairman Stephens made a motion to open the public hearing, which was seconded by Commissioner Sheridan. David Vanderslice, K. Hovnanian Homes, introduced Todd Webb, who will be the local on-site community manager for K. Hovananian Homes. Mr. Vanderslice also introduced Mike Brady, the DFW Vice President for Standard Pacific Homes, and Bill Conger, Vice President, Planned Acquisitions, Standard Pacific Homes. K. Hovnanian and Standard Pacific are jointly asking for this amendment. Mr. Vanderslice stated that Neighborhoods 3 & 4 are being developed in partnership with Hillwood Development. The underground utilities, water and sewer lines are currently being installed. They have received 60 calls to date inquiring about this community and Trophy Club Information Center has gotten 28 calls interested in the area. They are very excited about the interest being shown for these neighborhoods. There will be 324 total lots in these two neighborhoods, and they are requesting an increase from 35% to 45% in the lot coverage for Lot Type 2 lots which are 10,000-12,000 sq. ft. lots. They are not asking for any changes on the setbacks. Mr. Vanderslice moved through a PowerPoint presentation, outlining Neighborhoods 3 & 4, and gave demographic information, which is that they are targeting the mid-$300,000s to upper $400,000s price range for buyers who desire a larger square footage home. K. Hovnanian Homes will start at 2,900 sq. ft. for the smallest one story and Standard Pacific is at 2,700 sq. ft. One story homes are very popular right now and people are not interested in a 2,000 or 2,200 sq. ft. home in this price range. They would rather step up and get a few more features in a 2,700 sq. ft. minimum home. Three car garages are something that people expect in this price range so every plan that both companies offer is going to be standard three-car garage. Outdoor living areas have also become very popular. That area becomes part of the lot coverage so a 35% footprint is not something that would be easily doable in providing the above items to home buyers. Mr. Vanderslice showed pictures of a couple of homes they have designed. The smallest square foot home is a 2,950 sq. ft. home with 3-car garage, 3 bedrooms, 3 baths, and an outdoor living area attached to the home. He showed a picture of the elevation and stated that all of the homes will have a lot of stone and brick detail, some will have turrets, and most will have a minimum 12/12 roof pitch as they feel steep roof pitches make for a very nice street scene. Trophy Club requires that a garage facing the street must be 30-ft. back from the main façade of the house and K. Hovnanian has placed a one-car garage set back from the two-car garage to meet this requirement; this offset allows for a much more attractive elevation. Planning & Zoning Commission Page 3 of 10 October 18, 2007 Minutes Mr. Vanderslice stated that K. Hovnanian Homes and Standard Pacific Homes are excited to be in Trophy Club and they feel that they will have a beautiful neighborhood with beautiful street appeal. The Chairman thanked Mr. Vanderslice and called on any others wishing to speak. Dave Glaser, 15 Overhill Dr., came forward and stated that he is opposed to this because at the time that this development was approved many people thought that the lot sizes should be larger. There were several meetings where a lot of people showed up to complain about lot sizes. He stated that the concern was that Trophy Club would turn into an area with mostly houses with very little green space between them. He feels this is another way for the builder to try to accomplish the same thing as they want to put approximately 30% more impervious surface on these areas. He feels this means more drainage problems and he is already a victim of a drainage problem because a developer put in a lot more impervious surface and just let the water run away. He stated that it ran away right into his yard; he doesn’t like that and he doesn’t feel that Trophy Club should allow things like this that will take away the aesthetic appeal and create drainage problems. He is particularly bothered by the fact that when residents fought for the larger lots two years ago and were told that these were adequate and now the builders want to put more brick and stone on the lots. As there were no others wishing to speak, the Chairman called for a motion to close the public hearing. Vice Chairman Stephens motioned to close the public hearing. The motion was seconded by Commissioner Reed. C.2 DISCUSSION AND CONSIDERATION OF A REQUEST TO AMEND PD – PLANNED DEVELOPMENT DISTRICT NO. 27, ORDINANCE NO. 2007-15 P&Z TO ALLOW 45% LOT COVERAGE FOR LOT TYPE 2 IN NEIGHBORHOODS 3 AND 4 OF THE HIGHLANDS OF TROPHY CLUB. APPLICANTS: K. HOVNANIAN HOMES AND STANDARD PACIFIC HOMES. (PD-AMD-07-025) Chairman Hill asked Ms. Huggins for any additional comments from staff. Ms. Huggins reported that as an addition to the staff report she had one item to present to the Commissioners. Immediately before the Planning & Zoning Commission meeting started this evening she received an email from a resident, Jim Aenchbacher, who is opposed to this request. Each Commissioner was given a copy of the email. Vice Chairman Stephens asked for a response to Mr. Glaser’s drainage concerns. Mr. Vanderslice stated that a 10,000 sq. ft. lot is a very large lot and that it has been their experience in other communities that there are not drainage problems with a 45% lot coverage on a large 10,000 sq. ft. lot. Vice Chairman Stephens stated that this is a soil type that does not soak up water; it is clay and so it hits and runs off. Mr. Vanderslice stated that everything east of 35-E (Frisco, Allen, McKinney) is heavy clay and they also build in Las Colinas and further south where the soil is heavy, active clay and drainage has not been an issue in any of their developments. Planning & Zoning Commission Page 4 of 10 October 18, 2007 Minutes Mr. Sheridan reviewed the lots sizes and house sizes with Mr. Vanderslice and then stated that it is not unusual for builders, as they get into design and marketing, to have disagreements with what the developer is putting out. He stated that he understands why these builders are coming before the Planning and Zoning Commission. Mr. Reed asked what percent would be no more than 40% coverage. Mr. Vanderslice stated that they have 10 plans and two are just under 40% and eight are between 40 and 43 percent. Both K. Hovnanian and Standard Pacific customize their homes and if someone wants to add square footage to a master bedroom or enlarge a garage they will do that for them so long as it fits and makes sense from a street and builder standpoint. Some, based on customization, could go larger on a case-by-case basis. Chairman Hill clarified that although Neighborhoods 3 & 4 have a total of 324 lots, there are 82 Type 1 Lots which are 12,000+ square feet and the Type 2 Lots are 238. It is the 238 only that are under consideration for the increase in lot coverage. Mr. Sanchez asked Mr. Vanderslice to point out the 238 lots on the phasing plan. Mr. Vanderslice did so. Mr. Sanchez stated that the appearance and density of the development could be a little overwhelming. Drainage could be a problem. He asked how the builder measures the overall quality of the development. Will the quality be preserved by this request? Mr. Vanderslice responded that he believes the quality will be better because in this price point there will be 3-car garages which get the cars off the street. By allowing a larger home and 3- car garages, it allows the builder to upgrade the elevations and give the homes a better street appeal. There will be generous landscaping at the entry of the subdivision and around the houses. Mr. Sanchez responded that he believes the construction and elevations will be of good quality, but he questions the density. He is not opposed to the request, but if all the houses were going to be built to 45% it might be a little too much. Mr. Vanderslice stated that the density of the lots would not change and that the distance between the homes, the side building lines, would not change. The houses must be 15-ft. apart and that will not change. He stated that they plan a good mixture of one-story and two-story homes. Mr. Ashby stated that most of the Commissioners have endured this process since its infancy, spending 8 months or better getting standards established, revising them, made concessions, and now here the Commission is again being asked for more concessions. Mr. Ashby would like to see the builders replat the neighborhoods to bigger lots if they want more lot coverage. Mr. Ashby is concerned about small yards and the appeal of smaller yards. Mr. Forest asked how many feet difference there is between the side yard setbacks for 35% coverage vs. 45% coverage. Mr. Vanderslice stated that there would be about 5-ft. difference. Mr. Forest asked if the driveway is any larger on the 45% coverage. Mr. Vanderslice stated that the driveway is not any larger. Vice Chairman Stephens asked if any of the driveways would be beside each other or if they would be on opposite sides of the lots. Mr. Vanderslice stated that only in rare instances would that occur, i.e., if there is an inlet or a lot configuration that makes it necessary. Vice Chairman Stephens asked if there are any current developments with this size footprint Planning & Zoning Commission Page 5 of 10 October 18, 2007 Minutes anywhere in the metroplex. Mr. Vanderslice stated that they have some in Plano, McKinney and Allen. Vice Chairman Stephens asked for a list of addresses. [In checking the Town of Trophy Club Ordinances, the following is in the Subdivision Rules & Regulations: “Residential driveways shall not be constructed closer than ten feet (10’) apart unless approved by the Planning and Zoning Administrator.”] Vice Chairman Stephens asked Chris King if the 15-ft. separation between houses meets current code. Mr. King stated that it exceeds the minimum of 10-ft. Vice Chairman Stephens asked if the roof material would be wood. Mr. Vanderslice stated that it will not be wood. Mr. Sheridan asked if the Town has an ordinance on the minimum depth of a J-drive between the front of the garage door to the property line. Chris King, Building Inspector, stated that in the Building Code and Residential Code there is no minimum requirement. Mr. Sheridan stated that he would like some assurances that there is a depth of driveway in the ordinance. He would like to see that no J-drives meld with the concrete drives of an adjoining lot. Mr. Sheridan asked how many of the 10 floor plans are single story and how many are two story. Mr. Vanderslice stated that there are three single stories and a fourth with an optional bonus room upstairs and six two-stories. Mr. Sheridan noted that none of these floor plans would meet the current ordinance. He asked how many of the floor plans are 3-car garage and Mr. Vanderslice responded that all are 3-car garages. Standard Pacific Homes has four single stories and eight two-stories with 3-car garages. Mr. Sheridan stated that he is also looking for a way to have diversity. He reviewed the history of this PD from D. R. Horton to Centurion American. He stated that he would like to see higher square footage, required 3-car garages, single stories only vs. two-story, although he likes the mix proposed by the builders. He would like to have 17-ft. or 18-ft. between houses. Mr. Reed stated that he likes Dennis’ comments with a variety of width between houses. Mr. Brady, Standard Pacific Homes, responded that it makes sense to look at the square footage minimums. It would be a challenge to vary the setbacks because the houses have already been designed within the existing setbacks. Mr. Reed responded that sale ability of the houses is important and he appreciates that the builder is presenting to the Planning & Zoning Commission what the buyers are looking for these days. He stated that when he grew up a house of this size would be on a 1-acre lot. Society has changed these days and everywhere you go there are large houses on small lots. People don’t want a big yard to take care but they do want a big house. Mr. Sanchez asked if it was necessary to ask for 45% of all 238 Lot Type 2 lots. Mr. Ashby restated that he would like a replat with bigger lots to accommodate the bigger house size. Planning & Zoning Commission Page 6 of 10 October 18, 2007 Minutes Mr. Forest stated that he is bothered by a request to ask the builders to change the setbacks as they are abiding by the current ordinance. Chairman Hill asked Mr. Brady to clarify Standard Pacific’s models. Mr. Brady responded that they are planning on 4 to 5 one-stories and 6 to 7 two-stories all with 3-car garages. The minimum square footage is 2,700 sq. ft. Vice Chairman Stephens commented that today’s home buyer is looking for all of the amenities that these gentlemen are proposing and the market is tough right now. He likes the idea of having a little fluff built into the footprint so that the new homeowner could add a gazebo or pergola around the pool. Mr. Sheridan stated that he, like many of the commissioners, has been involved in this process from the very beginning, and most of the issues were over the lots – small lots, small houses, small prices. That was the relationship. It’s a little bit different to come up with bigger houses. He likes the diversity. He stated that the builder has the ability to maximize out the width of the lots and, typically, like most builders would, take advantage of the front building line. Nothing that the commissioners do will be plus or minus to the front yard, so the play area involves the backyard. What can be handled if the Commission gets more diverse in their requirements or thinking? What can staff handle if the commissioners say that covered patios are not part of the lot coverage? Can that be managed? Ms. Huggins responded that the items included in lot coverage consideration is set by the building code and cannot be changed by the commissioners. [This in incorrect. The items included in lot coverage consideration is set by ordinance and can be changed by the commissioners.] Mr. Sheridan stated that he is basically in agreement if an agreement can be reached for higher standards although he wasn’t sure if the Commission was prepared to do that tonight. Mr. Mehrdad Moayedi, Centurion American, asked to speak and gave the opinion that this would be a good concession to grant the builders as they are stepping up and asking for something that is good for the neighborhood. The Chairman called for a motion after reading to the Commission their options for approval or denial. Vice Chairman Stephens made the following motion: Recommend to the Town Council the approval of the applicant’s request with consideration for the percentages of 45% lot coverage and 40% lot coverage from the builders. 33% would be 45% lot coverage and the remaining percentage would be 40% lot coverage. Vice Chairman Stephens changed it to 50/50 after discussion with the builder: 50% of the lots would be at 40% lot coverage and 50% of the lots would be at 45% lot coverage. Planning & Zoning Commission Page 7 of 10 October 18, 2007 Minutes Mr. Reed suggested 50% of the houses between 3500 sq. ft. and 4,000 and 50% would be between 4,000 and 4,500 (or larger), but Mr. Stephens asked that his original motion be considered. Mr. Sheridan seconded the motion. Mr. Sheridan motioned to amend Vice Chairman Stephens motion: Of the 238 Type 2 lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots the combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. “Minimum Floor Area” increases to 2,700 sq. ft. minimum for all Type 2 lots. The asterisk stays: “Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Add the following sentence to the “Garage” section of Lot Type 2: “Any lot that exceeds coverage in excess of 40% must have a 3-car garage.” Mr. Reed seconded the amendment. Vice Chairman Stephens accepted the amendment to his motion. The Chairman called for the vote. Ayes: Hill, Reed, Sanchez, Sheridan, Stephens, Ashby, Forest Nays: None Abstain: None Action: 7-0, Approved C.3 DISCUSSION AND CONSIDERATION OF A REQUEST TO AMEND THE GAS WELL MANUAL ORDINANCE NO. 2003-12 P&Z TO ALLOW A MASONRY WALL TO SURROUND A PRODUCING SITE. Mr. Moayedi, Centurion American, made a request to put up masonry around the gas wells. Mr. Reed stated that there is only one entry into the well and he asked if the gate will be wide enough to back trucks into the site. Mr. Moayedi responded that the gate is wide enough to get all the equipment through, but also the panels are removable. He stated that anything that faces the thoroughfares will be done with hand laid stone, which is not removable, but that will only be one side of the site. The other sides will have removable panels. Planning & Zoning Commission Page 8 of 10 October 18, 2007 Minutes Mr. Reed asked Mr. Doug Mitchell, Encana Oil & Gas, if they need access from more than one side to get their trucks and equipment into the site. Mr. Mitchell responded that he needs a minimum 44-ft. They stage the equipment into the site so that all equipment isn’t needed at the well site at one time. They stage it according to workable room. Mr. Forest stated that he visited the site and believes it will look fine. Mr. Sanchez asked if these efforts have been coordinated with the builders. Mr. Moayedi stated that he owns all of the developments and will coordinate with the builders. He stated that the house lots that share a property line with the well sites will have permanent fencing that will not be removed. Vice Chairman Stephens asked who would be responsible for maintenance of the fences. Mr. Moayedi stated that they hope to have a “minimal” HOA in place for long term maintenance. He stated that this issue will have to be addressed before the Town Council. Mr. Sheridan thought that the oil and gas ordinance addressed the issue of maintenance of landscaping. Chairman Hill pointed out that the ordinance calls for an 8-ft. fence and this request is for a 7- 1/2-ft. fence. Russell Slovak, Centurion American, stated that the 7-1/2-ft. would be taller than the equipment within the fence. Mr. Moayedi stated that the fence is actually 7-ft. because they cannot trap gas in that area so they are staying off the ground about 6-inches. Mr. Moayedi stated that they are 7-ft. concrete panels. Vice Chairman Stephens stated that they could have a deeper pier in order to get the extra height. Chairman Hill asked if there is any equipment on the pad site that exceeds 7-ft. Mr. Mitchell responded that there isn’t any equipment higher than 7-ft. Mayor Sanders stated that if homeowners don’t like the fence put up around the well sites they can put up their own fence up against the concrete fence if they so desire. As there was no further discussion, the Chairman called for a motion. Mr. Sheridan motioned to approve upgrading to the stonework and allow a 7-1/2 ft. height and keep “or higher than the enclosed equipment” so that if something changes where that equipment is higher than the fence it has to be screened. Mr. Reed seconded the motion. Mr. Ashby asked for an addition to the motion for a “24-ft. clear minimum opening on the gate”. Mr. Sheridan agreed to add that to his motion. Mr. Reed, as the second, agreed to the addition. Vice Chairman Stephens asked that an amendment be added to the motion stating that a portion of the fence facing the thoroughfare is to be permanent masonry. Planning & Zoning Commission Page 9 of 10 October 18, 2007 Minutes Mr. Reed seconded the amendment. Mr. Sheridan agreed to add the amendment to his motion and Mr. Reed accepted the amendment to the original motion. The motion is: “Allow upgrading of material to masonry product wall with a minimum 7-1/2 ft. height at the top of the wall or higher than the permanent enclosed equipment and a wrought iron gate that is a minimum 24-ft. wide clear opening, and the gate shall remain locked at all times when no one is present. The fence facing the thoroughfare is to be permanent masonry.” The Chairman called for the vote. Ayes: Hill, Reed, Sanchez, Sheridan, Stephens, Ashby, Forest Nays: None Abstain: None Action: 7-0, Approved D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at 9:15 p.m. Planning & Zoning Commission Page 10 of 10 October 18, 2007 Minutes