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Minutes P&Z 10/21/2009 TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES OCTOBER 21, 2009 The Planning and Zoning Commission of the Town of Trophy Club, Texas met on October 21, 2009, 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 Absent Commissioner Ashby Absent Commissioner Davidson Present STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Manager Mehrdad Moayedi Centurion American Steve Lenart Lenart Development Company, LLC Jaison Stephen Jacobs Engineering CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:05 p.m. with a quorum present. 1 REVIEW AND APPROVE MINUTES OF THE SEPTEMBER 3, 2009 PLANNING AND ZONING COMMISSION MEETING. Commissioner Reed motioned to approve the minutes of the September 3, 2009, Planning & Zoning Commission meeting. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Stephens, Reed, Sheridan, Davidson Nays: None Action: 5-0, Approved 2PUBLIC HEARING TO CONSIDER CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 3-BUILDINGS AND CONSTRUCTION, ARTICLE XV-SWIMMING POOLS, AND CHAPTER 13- ZONING, ARTICLE V-SUPPLEMENTARY DISTRICT REGULATIONS, AFFECTING THE LOCATION OF SWIMMING POOLS. (ADM-09-005) Chairman Hill announced the case and opened the public hearing. There were no requests to speak. Chairman Hill closed the public hearing. 3 PUBLIC HEARING TO CONSIDER AMENDING ORDINANCE NO. 2007-15 P&Z, PD PLANNED DEVELOPMENT DISTRICT NO. 27, THE HIGHLANDS AT TROPHY CLUB, TO DELETE, ALTER, AND/OR ALLOW NEW LOT SIZE, CONFIGURATION AND AMENITIES FOR NEIGHBORHOOD 8, AN APPROXIMATELY 52.66 ACRE TRACT, AND OTHER MISCELLANEOUS CHANGES TO PD-27 AS RELATED TO THIS REQUEST AS DEEMED NECESSARY. (PD-AMD-09-031) Chairman Hill announced the case and opened the public hearing. There were no citizens wishing to speak. Chairman Hill asked Ms. Huggins if the Planning Department received any comments from residents or others regarding this request. Ms. Huggins stated that she received calls from two of the nearby neighbors to Neighborhood 8. Ms. Donna Welsh at 2304 Trophy Park Drive indicated support for the project. Mr. John Coleman at 2344 indicated support for this zoning change request. Chairman Hill indicated that former mayor Nick Sanders called and spoke to the Chairman indicating his support for this request. There were no others wishing to speak and the public hearing was closed. 3 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST TO AMEND TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 3- BUILDINGS AND CONSTRUCTION, ARTICLE XV-SWIMMING POOLS, AND CHAPTER 13-ZONING, ARTICLE V-SUPPLEMENTARY DISTRICT REGULATIONS, AFFECTING THE LOCATION OF SWIMMING POOLS. (ADM-09-005) Chairman Hill announced the case and asked for a staff report. Ms. Huggins stated that the current “swimming pool” ordinance requires that a pool be located in the rear yard. By ordinance, the definition of a rear yard is confined to the area between the principal structure and the rear lot line. In the past year, five homeowners have requested variances for the construction of their swimming pools in order to allow a portion of the pools to be in the side yard. Staff currently has three swimming pool variance requests pending. Staff anticipates that these requests for variances will increase in the future, especially as building in the Highlands continues. Staff requests a change to the swimming pool ordinance to allow pools to be placed in the side yard as well as the rear yard.We believe we can adhere to the intent of privacy in the 2005 ordinance by requiring that the waters edge of the swimming pools must be at least six feet from any property line. Therefore, staff requests a recommendation of approval to this change to the swimming pool ordinance. In addition, staff requests that reference to swimming pool locations be removed from Section 5.03-Accessory Structures and Uses of the Zoning Ordinance as this has created confusion in the past. By removing it from the Accessory Structures section, the swimming pool regulations will be together in Chapter 3-Buildings and Construction under Article XV-Swimming Pools. Chairman Hill noted that on page 12 of the packet there is an item concerning the water’s edge proximity to the primary dwelling which is being moved from the Accessory Structure section to the Swimming Pools section of the ordinance. Commissioner Sheridan asked for an explanation of the inconvenience imposed on a resident to obtain a variance. Ms. Huggins stated that the process begins when the homeowner or pool company submits a swimming pool permit. If the pool is not wholly located within the rear yard area, the permit is denied and the homeowner or pool contractor is informed that a variance is required. The homeowner must then submit a variance application. Advertising in the newspaper is required and all property owners within 200-ft. of the pool location must be notified of the variance request. Approximately four to six weeks passes from the time that the variance application request is received until the variance hearing takes place. If the variance request is approved, the pool permit can be issued the next day. Ms. Huggins stated that the variance application fee is $150. The homeowner must also pay for the cost of publication in the newspaper and the cost of postage for notification of the surrounding property owners. These two items add approximately $50 to the cost of the variance request for a total of approximately $200 for the variance request. Commissioner Sheridan stated that he is in favor of this request but would like to see a better definition for “not forward of the house” in H.1. He would like to see that better defined. It’s common that a pool would not be located in the front of the house and a pool cannot be located near a property line or into an easement so why let a resident build a pool all the way up to the front of the house. Pick a common line – 6-ft. back or more. Chairman Hill stated that one of the primary things to consider is that most of the variances are for lots that are odd shapes, such as cul-de-sacs. They are not rectangular lots. Ms. Huggins stated that it might not matter as a pool must be screened from the street \[this is incorrect – the ordinance requires that pool equipment be screened from the street, not the pool itself\].Ms. Huggins stated that the pool must be fenced and the fence must be located a minimum of ten feet (10-ft.) behind the front elevation of the primary structure. Commissioner Sheridan stated that he would recommend that language be added to this ordinance to minimize confusion later on. A short discussion followed concerning Commissioner Davidson’s questions regarding wrought iron fencing. There was no further discussion and Chairman Hill called for a motion. Commissioner Sheridan made a motion recommending approval to the Town Council with the stipulation that there must be conformance to the fencing ordinance. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Davidson Nays: None Action: 5-0, Approved 5 DISCUSSION AND RECOMMENDATION REGARDING AMENDING ORDINANCE NO. 2007-15 P&Z, PD PLANNED DEVELOPMENT DISTRICT NO. 27, THE HIGHLANDS AT TROPHY CLUB, TO DELETE, ALTER, AND/OR ALLOW NEW LOT SIZE, CONFIGURATION AND AMENITIES FOR NEIGHBORHOOD 8, AN APPROXIMATELY 52.66 ACRE TRACT, AND OTHER MISCELLANEOUS CHANGES TO PD-27 AS RELATED TO THIS REQUEST AS DEEMED NECESSARY. (PD-AMD-09-031) Chairman Hill announced the case and asked for a staff report. Ms. Huggins stated that there are specific details in the packet, therefore only a brief overview will be given to allow the applicant and the Commissioners discussion to get into the details of this request. Ms. Huggins stated that the applicant is requesting a change to PD-27 from a gated community of 260 town homes on 3,000 sq. ft. lots to an ungated single family community of 185 homes on 5,250 sq. ft. lots. The applicant is requesting changes to the lot coverage, minimum square footage of the homes, and setbacks. The community will no longer be private and gated. The streets will be dedicated to the Town, but the neighborhood will have a homeowners association to maintain the open spaces in the neighborhood. The applicant is requesting that the amenities of the private, gated community be removed – such as the lap pool and putting green. Notice of public hearing was placed in the local newspaper and property owners within 200-ft. of the neighborhood were notified. In addition, signs have been posted on the property for the past three weeks. Two private property owners adjacent or closely adjacent to this property, Ms. Welsh and Mr. Coleman, have indicated support of this request. Staff has not had any calls or written opposition to this request. As this represents a down zoning of the property from medium density to low density residential, as there has been no opposition to the request, and as some residents of Trophy Club have indicated a desire for smaller, less expensive homes to downsize to, staff recommends approval of this request. Mehrdad Moayedi, Centurion American, 1221 Highway 35E, Carrollton, Texas, thanked the Commissioners for the time and opportunity to talk about this request. He stated that it is not usual for a developer to give up density, but in this case it makes sense. He stated that he is very familiar with everyone who sits on P&Z and he appreciates how fairly he has been treated over the last three years. Mr. Sheridan is in this business and knows it well.He stated that 50-ft. lots have a perception of being tract homes, but he has 50-ft. subdivisions in University Park and Las Colinas. He stated that for Trophy Club they have asked their architectural review committee to review the plans and make sure it is a product that fits Trophy Club and is a product that P&Z would be happy and proud of. He stated that they have a great investment here, and they don’t see their money until the tail end of this thing, so they have a vested interest to make sure that this thing is a quality project. He stated that he has knocked on the door of every builder that builds a town home product. The problems they ran into are items such as master bedrooms downstairs.This is still addressed towards the active adult empty nester homeowner. The needs of that buyer, especially in Trophy Club, cannot be satisfied. He stated that they held focus groups and found that a downstairs master bedroom was desirable. Adjoining walls were disliked. HOA assessments to repair buildings were undesirable. They want to take care of their own property. They want to have a little bit of a yard. Not a huge yard. They don’t want a gated community because that drives the association prices up and that age group is pretty conscientious of their bills and what they pay on a monthly basis. Mr. Moayedi stated that it came down to needing “Villas”. Architectural features normally seen in larger lot configurations are included such as masonry requirements and cedar garage doors. He stated that it will not become a 50-ft. lot tract subdivision. He stated that as a developer he has certain requirements that he must meet. When he first came to Trophy Club, one of the things that the Council asked was that there be a certain amount of permits pulled each month. That does not in anyway justify damaging the quality of the project, but they are trying to live up to the obligations they promised Trophy Club. This property also has a PID assessment of approximately $230,000 a year that the developer pays on the land and it can’t sit here for 7 to 15 years undeveloped. It just doesn’t work. They feel they have come up with a solution that betters the property and try to do something that fits the customer base. There are approximately 60 people who have shown an interest in this product. The average price of a home in this subdivision will probably be $220,000 to $250,000 range. The lots are being sold for $55,000 to $55,700 each. He stated that he is actually losing money by going from 260 town home lots to 185 fifty foot lots, but it is the product that works and it is the product that people want in this part of the world. Mr. Moayedi stated that there will be a masonry fence along both Trophy Club Drive and Trophy Park Drive. Any home that backs up to a thoroughfare has a masonry wall. The homes that back up to a main thoroughfare will also have an extra 5 to 10-ft. of lot depth so there is more distance from the home to the road.The landscaping entryways will match all of the other neighborhoods of the Highlands. There will be a cart path going directly to the clubhouse for the people who desire and want to get on their golf cart to go to the clubhouse without getting in their car. They are still pursuing the active adult component. There is quite a bit of open space along the east side of the property that will be manicured and dressed up. There will be a small, private park within the neighborhood that lends itself towards the customer that they are trying to attract. Mr. Moayedi stated that they are spending money on the interior and it will be nicer or better than anything else in the Highlands. The town homes were going to be in the $150,000 to $185,000 range and he wasn’t able to establish any customer base for that product. He stated that there seems to be a base of Trophy Club residents who want to get out of a large square footage house that they don’t need anymore and down size to a smaller house. Mr. Moayedi stated that he has a buyer for this neighborhood and he would like to get this neighborhood going so he can live up to his obligations with permits and the PID assessment coming on down the road in 2010. Chairman Hill stated that this plan is for reduced density and higher valued homes than the town homes product. He asked for an explanation of the lot size. Mr. Moayedi stated that the average lot size will be 6,300 sq. ft. The minimum is 5,250 sq. ft. Sixty-eight (68) lots will be larger than 6,000 sq. ft. There are some larger than 7,000 sq. ft. Chairman Hill stated that the square footage of the homes will be a minimum of 1,600 sq. ft. up to approximately 2,500 sq. ft.? Mr. Moayedi stated that there is not a maximum, but most of the houses will be around 2,200 to 2,400 sq. ft. Chairman Hill asked for the average price point. Mr. Moayedi stated that based on the lot price they will have to be over $200,000, possibly an average of $220,000 to $250,000. Chairman Hill asked if there will be a homeowners association and if the lots adjacent to the Corps property will have wrought iron fences? Mr. Moayedi stated that the back of the lots adjacent to the open space will all be wrought iron. He stated that the Parks Department has indicated a desire to have a hook-up with the horse trail system that goes into the Corps property. The Parks Director would also like the walking trail to connect to city sidewalks along Neighborhood 8 so that all residents have access to the trail without going through Neighborhood 8. Mr. Moayedi stated that Neighborhood 8 will also have a private park area for Neighborhood 8 residents. One of the reasons for a homeowners association is to maintain the large amount of open space in this neighborhood. Chairman Hill asked if the gas well site is surrounded by a masonry fence. Mr. Moayedi stated that it is (as indicated in red on the Conceptual Plan) and the area surrounding the fenced gas well will be landscaped when the lots next door are developed as water is not available until the lots are developed. Chairman Hill asked for the acreage of the well site. Jaison Stephen, Jacobs Engineering, stated that it is approximately 3.5 acres. Chairman Hill asked if a number of backyards will adjoin the gas well site? Mr. Moayedi stated that they will, but there will be landscaping between the lots and the masonry wall surrounding the gas well site. Vice Chairman Stephens asked for clarification of lot size. The minimum lot size will be 1,600 sq. ft. Commissioner Reed stated that this change sounds fine to him. He believes this will be a more attractive area with this type of home. He stated that at his age he may be one of those who moves into one of them and he wouldn’t want a town home. He wants a master bedroom downstairs. Commissioner Davidson stated that he believes this is a savvy move on the developer’s part as this will improve the bottom line for the developer. He stated that from his perspective it makes sense. He doesn’t know anybody who wants a master bedroom upstairs. Commissioner Sheridan stated that he doesn’t like 50-ft. lots. He stated that all the deliberations on the PD were negative on 50-ft. lots. He agrees that “attached” products are not wanted and town homes, right now, are down significantly. Commissioner Sheridan stated that Mr. Moayedi has referred to “groups”, but he hasn’t defined that group. Trophy Club residents are young, middle and old. He asked Mr. Moayedi if he is referring to older residents downsizing? Mr. Moayedi stated that Ryland did a focus group not just of Trophy Club but also of the surrounding area and they came up with the items previously mentioned. Commissioner Sheridan stated that this, then, is not going to be for older residents only. It will be for anyone who wants to walk in and buy a house? Mr. Moayedi stated that he doesn’t believe a person with children would purchase this product. He believes they would spend a little bit more to get a 60-ft. lot product. The 50-ft. lot product is designed to attract empty-nesters, young professionals that don’t have a family and don’t want a huge yard, and elderly. Commissioner Sheridan stated that he would like to see, in writing, the lot sizes defined. He would like to see the streetscape protected as in other neighborhoods by varying the front building line or by varying the position of the garage door. With this product, the garage doors are facing the streets. Even though they are upscale doors he would like to see those broken up if possible. Mr. Moayedi replied that he will specify the lot sizes by percentages. He asked that they be allowed to add architectural features for garage doors by deed restriction. As previously noted, Mr. Moayedi stated that both thoroughfares will have screening walls. Commissioner Sheridan asked if there are any other outstanding issues with the Town. He asked if the Parks Department, Streets Department, etc., have signed off on the PD. Ms. Huggins responded that all departments have reviewed these changes to the PD and are satisfied with one exception. Going into tonight’s meeting, Staff wanted a clearer understanding of the landscaping and screening for Trophy Park and Trophy Club Drives as there would be homes backing up to both roads. Staff is satisfied that the applicant has addressed these issues in tonight’s meeting. Mr. Moayedi stated that he is proud that he has met his obligations to the Town. He stated that they are working very hard to keep this neighborhood successful and he can’t sit on this piece of property for seven years while hoping that a market for town homes emerges. He stated that he does have an obligation for a water tower and that there is money in escrow for that. The bid came in quite a bit higher than anticipated. The water tower isn’t needed until the third phase of the Highlands so they are waiting to bid the water tower until 2010. In the meantime, the money is in escrow and the shortfall will be made up by Centurion. Chairman Hill asked if all of the commissioners had copies of the house elevations. All did as they were included in the packet. Commissioner Sheridan had a further discussion with Mr. Moayedi regarding streetscape and garage doors. Ms. Huggins stated that the garage door architectural features required for this neighborhood are outlined on page 30 of the PD document attached to the packet. Mr. Moayedi stated that he will work hard on coming up with some architectural features and submit those to staff. He would include those items in the deed restrictions. Commissioner Sheridan asked if that could be done before this item goes to Council. Mr. Moayedi stated that he would try. Commissioner Sheridan stated that he would like to break up the garage door “look” down the street. Mr. Moayedi stated that before the Council meeting he would try to come up with items that would be part of the deed restrictions and get those to Carolyn. Commissioner Reed asked, on behalf of senior citizens, that the garage doors be kept as one unit, rather than two doors split with a column in the center. Vice Chairman Stephens stated that the only people who are going to see the garage doors are those who live in this neighborhood. There will be a screening wall along Trophy Club Drive and Trophy Park Drive so it’s almost a gated community, just without the gate. None of the streets are long in length. He doesn’t feel that the garage doors will be a problem. Mr. Moayedi stated that the doors will be cedar stained doors. He will insist on that. Vice Chairman Stephens stated that he did not see the garage doors as a big issue, but he likes Mr. Moayedi’s idea of looking at other ways to enhance the neighborhood. Commissioner Davidson stated that he agrees with many of Commissioner Sheridan’s comments this evening, but he also wanted to point out that the Commission has heard from people who have made it clear that they don’t want a big yard, but want something affordable, that looks nice so that they can stay in Trophy Club. If that is provided, then they won’t get too bent out of shape about the garage doors. If they don’t like it, there are other neighborhoods to choose from. This will give residents a choice. Vice Chairman Stephens added that this addresses a market issue. There is a market for what is being proposed. Two citizens were granted permission to speak by Chairman Hill. Steven Kohs, 18 Overhill Drive, thanked the Commissioners for their efforts and due diligence. He stated that he is not sure if the 50-ft. lots are an issue. He believes there are markets for all different types of lot sizes. He stated that some of the realtors that he has had an opportunity to speak to feel that 1,600 sq. ft. homes are a little small and they would like to see minimum 1,800 sq. ft. homes. He thanked Commissioner Sheridan for his due diligence and stated that he hopes Mr. Sheridan’s message is received well by the other Commissioners. Liz Maddox, 207 Fresh Meadow, stated that garage doors are a problem in some neighborhoods. She mentioned Jamie Ct. and Hanna Ct. as a neighborhood of garden or patio homes and they have cedar doors and look very nice. She hasn’t ever had a complaint about those garage doors when she has shown those properties. She stated that selling a home under 1,600 sq. ft. is very difficult unless the person is single. Older folks have kids that comes to visit, or they might want an office at home to do some work on a computer and that requires a little bit more room. She stated that a 1,600 sq. ft. home gives a very small living area and 3 small bedrooms. An 1,800 sq. ft. home would give a little bit more room if there are three bedrooms. That is a better selling product. She stated that it probably isn’t possible to do a swing-in garage on those size lots, but if there is a very nice garage door it won’t be a problem. She stated that most people in Trophy Club take a lot of pride in their houses and don’t leave their doors up all day long. She asked if there will be a charge for front yard maintenance. Mr. Moayedi stated that front yard maintenance will be the responsibility of each individual home owner. He also commented on the 1,600 sq. ft. homes. There will be a small percentage of the homes at that size. Most likely those will be custom – requested by the buyer. He stated that builders paying approximately $55,000 to $57,000 per lot do not want to build 1,600 sq. ft. houses. He stated that he is willing to put into the PD that no more than 20% will be built at 1,600 sq. ft., but he was trying to avoid that at the request of staff. Ms. Huggins added that staff discussed this issue with Mr. Moayedi and staff was reluctant to pursue it as it becomes a little bit of a paperwork burden on staff during plan review. However, staff is more than willing to accommodate the Commission if they desire to specify percentages of house sizes. Chairman Hill commented that eventually a point will be reached where no more small houses could be built and buyers will be pushed into a higher price range than they might want to consider. Commissioner Sheridan made a motion recommending approval of changes to PD-27 for Neighborhood 8 as outlined on the attached redlined document, subject to the following stipulations: (1) a masonry wall and landscaping along Trophy Club Drive and Trophy Park Drive to match the other Highlands neighborhoods screening walls and landscaping, and (2) define lot sizes. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Davidson Nays: None Action: 5-0, Approved ADJOURNMENT Chairman Hill adjourned the meeting at 8:06 p.m.