Minutes P&Z 05/06/2010Idal
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Meeting Minutes
Planning & Zoning Commission
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, May 6, 2010 7:00 PM Svore Municipal Building Boardroom
COMMISSION MEMBERS:
Present: 6 - Vice Chair James Stephens, Commissioner Mike Davidson,
Commissioner Dennis Sheridan, Commissioner Dale Forest, Chairman
Gene Hill, and Commissioner Clayton Reed
Call To Order and announce a quorum.
STAFF AND GUESTS PRESENT.'
Carolyn Huggins, Planning & Zoning Manager
Steve Howard, Lennar Homes
Jaison Stephen, Jacobs Engineering
Steve Lenart, Lenart Development Company
2010.238-T Review and approve minutes of the April 15, 2010, Planning and Zoning Commission
meeting.
Anachmanre: Meet'ngM'nutes 041511
Commissioner Sheridan asked Chairman Hill for permission to comment on the new
format of the minutes [the Legistar "minutes" format was used for the first time]. Mr.
Sheridan stated that he feels the minutes in the new format are inadequate. He
stated that over the years in the Town of Trophy Club he has researched different
issues by looking at past minutes. This format is totally inadequate in providing a
history of P&Z action. He stated that he would vote no on approval of the minutes in
this format.
Ms. Huggins stated that an agenda program called "Legistar' is used to produce the
P&Z packets. There has been an on-going learning process to utilize all capabilities
of the program, including the "minutes"portion oft -el Ms. Huggins indicated
that she hadnY been using Legistar to process the P&Z minutes because verbatim
minutes are needed to keep an accurate history of P&Z action and because the P&Z
verbatim minutes are given to the Council for their information and use in making a
decision as cases move from P&Z consideration and recommendation to Council
consideration and action. Using "Word' to transcribe minutes requires less steps
and is less time consuming than logging onto Legister, locating each file, and
transcribing each case into each file. Staff will continue to work with the Legister
program to make it more compatible with P&Z needs.
A motion was made by Vice Chair Stephens, seconded by Commissioner Reed,
that this Agenda Item be Approved. The motion CARRIED by the following
vote:
Planning & Zoning Commission Meeting Minutes May 6, 2010
Aye: 5 - Vice Chair Stephens, Commissioner Davidson, Commissioner Forest,
Chairman Hill, and Commissioner Reed
No: 1 - Commissioner Sheridan
PUBLIC HEARING
2010-241-T Continuation of Public Hearing to Consider an Amendment to PD -Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No.
2007-15 P&Z by amending Exhibit "B" - Development Standards, Section IV. Lot
Type Regulations, and other miscellaneous changes to PD -27 as necessary
regarding this request. Applicant High Trophy Development, LLC, Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD -10-034)
Attachments: Aoolication.odf
This matter was Discussion only - No action taken
REGULAR SESSION
Planning 8 Zoning Commission Meeting Minutes May 6, 2010
2010.135-T Consider and take appropriate action regarding a Preliminary Plat for an approximate
46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known
as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering
Group Inc. on behalf of Lennar Homes of Texas. (PP -10-018)
Attachments: Staff Report - TC 051710.odf
Aoolimtion.odf
Chairman Hill explained that this plat was brought before the Commission in March,
but was recommended for denial as the plat did not conform to all Town ordinances.
The Oil and Gas Well Ordinance requires a distance of 250 -ft. from a wellhead to a
residential property line and the Neighborhood 8 preliminary plat did not meet that
requirement. On April 26, 2010, the Town Council approved an ordinance allowing a
habitable structure to be 200 -ft. from a wellhead. The applicant is resubmitting the
Neighborhood 8 plat for approval with two "notes"(Nos. 5 and 6) added to the plat
which requires the builder of any lot adjacent to a gas well site to provide a signed
and sealed survey verifying the distance from wellhead to habitable structure when
the builder applies for a building permit.
Jaison Stephen, Jacobs Engineering, representing Lennar Homes, stated that the
Preliminary Plat meets all of the requirements of the PO and Town Ordinances and
they ask for approval
Commissioner Davidson asked if it is possible to build a habitable structure on Lots 1
through 3. Specifically, on Lot 2 the house will need to be pushed forward to meet
the 200 -ft. distance. Jaison Stephen stated that the builder will meet the required
minimum distance.
Ms. Huggins stressed that none of the lots adjacent to the gas well sites have been
moved from the original plat that the Planning and Zoning Commission saw a few
months ago. The Gas Well Ordinance was amended on April 26, 2010, by the Town
Council and now allows a distance of 200 -ft. from wellhead to habitable structure and
as a result of that change the applicant was asked to add two notes to the plat to
abide by the new regulations. Those notes are:
"For Lots surrounding gas wells, the distance from wellhead to habitable structure
shall be a minimum of 200 -ft."
"To build a habitable structure on a lot adjacent to a gas well, builder must submit a
survey, signed and sealed by a licensed surveyor, verifying the distance from the
nearest wellhead to the nearest point of the habitable structure."
Ms. Huggins stated that the builder now has the responsibility ofproving that the
house will be 2004t. from the wellhead and they will have to do that by submitting a
signed and sealed survey at the time that they submit a house permit.
Commissioner Davidson stated that it will be on the builder's shoulders then to make
Lot 2 work as a usable lot — to meet the 200 -ft. distance.
Commissioner Sheridan asked for confirmation that there are no changes except for
some minor notes, and he asked the builder if he has reviewed his product line to
make sure that he has a product that will fit on Lot 2 without any variance
requirements. Steve Howard, Lennar Homes, stated that he does have a product
that will fit on Lot 2 without the need for variances.
There were no further comments and Chairman Hill called fora motion.
A motion was made by Commissioner Sheridan, seconded by Commissioner
Planning & Zoning Commission Meeting Minutes May 6, 2010
Forest, that this Agenda Item be Recommended for Approval to the Town
Council, on 511712010. The motion CARRIED by the following vote:
Aye: 6 - Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
Planning & Zoning Commission Meeting Minutes May 6, 2010
2010.242-T Consider and lake appropriate action regarding an amendment to PD -Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No.
2007-15 PU by amending Exhibit "B" - Development Standards, Section IV. Lot
Type Regulations, and other miscellaneous changes to PD -27 as necessary
regarding this request. Applicant: High Trophy Development, LLC, Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD -10-034)
Steve Lenart, Lenart Development Company, came forward and asked for approval.
Chris King, Building Inspector, stated that he would like to see homeowners able to
build an arbor or gazebo if they wish, but he feels that increasing the lot coverage to
43% will allow the builder to build a bigger house, rather than leaving that additional
coverage for open air structures. He suggests leaving the lot coverage at 40% and
allowing an increase to 43% for open air structures.
Commissioner Reed stated that he thought that sounded good. He asked the builder
if that allows what they want.
Mr. Lenart stated that it would.
Mr. King stated that a fee type has been established for open air structures and a
definition has been created.
Commissioner Davidson and Commissioner Forest discussed accessory structures
with Chris King in relation to their personal experiences when they installed
accessory structures on their property, including flatwork, which is not permitted
(does not require a permit). Commissioner Davidson staled that he gets confused
with lot coverage because flatwork is not counted against lot coverage. He stated
that if an accessory building is detached from the house and doesn't have a hard, roof
over it, he doesn't believe it should count toward lot coverage.
Vice Chairman Stephens stated that the Commission is not going to recommend to
the Council that we increase Lot Type 4 coverage to 43%. The Commission is going
to recommend maintaining 40% and allowing a permissible 3% for additional
structures.
Ms. Huggins added that after the packet went out, Staff continued to work on this
item and created a definition for "Open Air Structures" which is as follows: An
accessory structure made of wood or masonry construction, detached from and
incidental to the principal building. This structure is open on the sides and may or
may not provide shading. This includes structures such as, but not necessarily
limited to, cabanas, pergolas, arbors, gazebos, pavilions." Staff requests that the
Commission include the definition as part of the motion.
Commissioner Davidson wants to narrow the definition of "open air structure". He
stated that 120 sq. ft. of fietwork and a 120 sq. ft, pergola could be built under the
Town regulations right now without a permit. He stated that if it's not covered that
should be permissible without being included in lot coverage. if it is deemed
necessary to make it a truly shaded structure then it has a roof and it should be
included in lot coverage.
Commissioner Reed stated that he believes most homeowners would want their
accessory structures covered.
Vice Chairman Stephens restated the proposed recommendation for Lot Type 4lots.
Ms. Huggins added that staff is willing to allow the 3% additional coverage for Lot
Types I through 4 in PD -27. It would not be available for Lot Type 5 lots as those
are small lots that already have 50% to 60% lot coverage.
Planning & Zoning Commission Meeting Minutes May 6, 2010
Commissioner Forest asked if distance is a factor. Chris King responded that itis
not. If the structure is detached, but closer than f 0-ff. to the primary structure, then
the square footage of the structure is counted toward the total building area under
roof. If that total calculation goes over 7,500 sq. 8. then the new addition has to be
sprinkled— fire protected.
Commissioner Sheridan stated that an unattached accessory structure closer than
10-R, to the primary structure does count toward lot coverage. Chris King confirmed
that it does.
Commissioner Davidson asked if it would be difficult for staff to keep track of the
"additional 3%" house to house. Chris King responded that staff would be able to
handle it. He stated that it would be easier if the increase was given to all lot types 1
through 4.
Commissioner Davidson, the Building Inspector and the applicant had further
discussion on lot size, type and accessory structures until Vice Chairman Stephens
asked Chairman Hill for permission to make a motion.
Vice Chairman Stephens made a motion to recommend approval to the Town Council
for an additional 3% of lot coverage for Lot Types 1, Z 3, and 4 of PD -27 and adding
the a definition for "Open Air Structures": "An accessory structure made of wood or
masonry construction, detached from and incidental to the principal building. This
structure is open on the sides and mayor may not provide shading. This includes
structures such as, but not necessarily limited to, cabanas, pergolas, arbors,
gazebos, pavilions." Commissioner Reed seconded the motion.
Foran additional 20 minutes, discussion continued of attached, detached, covered,,
uncovered, and allowable materials until Vice Chairman Stephens called for the vote.
A motion was made by Vice Chair Stephens, seconded by Commissioner Read,
that this Agenda Item be Recommended for Approval to the Town Council, on
511712010. The motion CARRIED by the following vote:
Aye: 6- Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
Adjourn
8:05 p.m.
This matter was meeting be Adjourned
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Carolyn HugginalPlanning & Zoning M pager